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AGENDA
CITY COUNCIL REGULAR MEETING
July 14, 2020
5:00 PM, City Council Chambers
130 S Galena Street, Aspen
I.CALL TO ORDER
II.ROLL CALL
III.SCHEDULED PUBLIC APPEARANCES
IV.CITIZENS COMMENTS & PETITIONS
(Time for any citizen to address Council on issues NOT scheduled for a public hearing. Please
limit your comments to 3 minutes)
Meeting number (access code): 126 577 6846
Meeting password: 81611
Tuesday, July 14, 2020
4:30 pm | (UTC-06:00) Mountain Time (US & Canada) | 5 hrs
+1-720-650-7664,,1265776846## United States Toll (Denver)
V.SPECIAL ORDERS OF THE DAY
a) Councilmembers' and Mayor's Comments
b) Agenda Amendments
c) City Manager's Comments
d) Board Reports
VI.CONSENT CALENDAR
(These matters may be adopted together by a single motion)
VI.A.Resolution #059, Series of 2020 - Eagle County Economic Assistance
VI.B.Resolution #060, Series of 2020 - APCHA Strategic Plan
VI.C.Draft Minutes of June 30th and July 1st
VII.NOTICE OF CALL-UP
VIII.FIRST READING OF ORDINANCES
IX.PUBLIC HEARINGS
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IX.A.Ordinance #09, Series of 2020 - Water Efficient Landscape Ordinance
IX.B.Ordinance #02, Series of 2020 - 949 W. Smuggler St. Lot Split
X.ACTION ITEMS
X.A.ISIS Operations and Financing
X.B.Resolution #061, Series of 2020 - Stage One Water Shortage
XI.ADJOURNMENT
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MEMORANDUM
TO:Mayor and City Council
FROM:Sara Ott, City Manager
DATE:July 7, 2020
RE:Authorization to execute an Intergovernmental Agreement with
Eagle County, Colorado for the purposes of providing economic
assistance in the Roaring Fork Valley, Resolution #59-2020
SUMMARY: Resolution #59, Series of 2020, authorizes the City Manager to execute an
intergovernmental agreement (IGA) with Eagle County, Colorado for the purposes of
reimbursing up to $50,000 for economic assistance to Eagle County residents living in
the Roaring Fork Valley experiencing housing, childcare and food insecurity due to the
drastic reduction of employment opportunities resulting from the impacts of COVID-19.
A significant portion, over 65%, of Aspen’s workforce resides beyond the City of Aspen,
as evidence in the Roaring Fork Housing Study. The need to retain qualified and stable
workforce is a key to Aspen’s economic recovery, including many year-round employees
residing in Eagle County.
These financial resources are proposed to be transferred to Eagle County Human
Services to reimburse a portion of the County’s economic assistance using its existing
qualifications framework. This includes Eagle County verifying income, household size,
needs, and leveraging eligibility for existing state and federal aid programs.
These funds may be eligible for reimbursement in the future through state and federal
relief packages; however, there is no guarantee. Further, reimbursement processes take
time, while Eagle County has already been providing aid to economically vulnerable
residents.
This IGA aligns with COVID stimulus outcome #1.
Outcome #1: Increase economic security for vulnerable people by aiding in securing shelter,
food, utilities, healthcare, childcare and transportation.
BACKGROUND:The City of Aspen has been under a local disaster emergency
declaration since March 12, 2020 due to COVID-19. Since the declaration, several Public
Health Orders from local and state public health officials, as well as an Executive Order
from Governor Polis, halted most aspects of Aspen’s hospitality economy. This has put
some residents in immediate financial hardship for the most basic living needs as
unemployment rises.
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As of May 11 reporting, Eagle County had distributed $43,977.25 in direct assistance in
the Roaring Fork Valley.
FINANCES: Funding for this IGA is already appropriated within the $6M COVID relief
program.
STAFF RECOMMENDATION: Staff recommends approval of Resolution #59, Series
2020.
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RESOLUTION NO. 59
(SERIES OF 2020)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERGOVERNMENTAL
AGREEMENT WITH EAGLE COUNTY, COLORADO IN RESPONSE TO COVID-19
WHEREAS,the City of Aspen declared a local disaster emergency on March 12, 2020 pertaining
to the occurrence or imminent threat of widespread or severe damage, injury or loss of life or
property resulting from COVID-19; and
WHEREAS,whereas the City of Aspen commenced and continues to support crisis response
efforts (through both personnel and other resources) led by the Pitkin County Incident
Management Team; and
WHEREAS,the Eagle County Board of Commissioners adopted emergency spending authority
for its Public Health Emergency Response programs to provide additional resources for rental,
food and childcare assistance for those experiencing financial distress as a result of the COVID-
19 impact; and
WHEREAS,current resources dedicated within Eagle County’s budget appropriation are likely
to be insufficient to address the aggregate demands for relief, including those from Eagle County
residents of the Roaring Fork Valley who regularly work within and participate in the City of
Aspen community; and
WHEREAS,the City of Aspen wishes to contribute financial resources to retaining a skilled and
qualified workforce in the Roaring Fork Valley to meet the needs of Aspen employers;
NOW THEREFORE,be it resolved by City Council, that the City of Aspen shall release up to
$50,000 to Eagle County. These additional resources shall be released to Eagle County under an
Intergovernmental Agreement (IGA) for the purpose of providing direct financial assistance to
Eagle County residents of the Roaring Fork Valley in the areas of rental, food and childcare
assistance under the existing Eagle County qualification’s structure for relief. City Council does
hereby authorize the City Manager of the City of Aspen to execute such IGA on behalf of the City of
Aspen, in the form attached hereto, subject to the final approval of the City Manager and the City
Attorney
Adopted this 14th, day of July 2020.
_____________________________
Torre, Mayor
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I, Nicole Henning, duly appointed and acting City Clerk of the City of Aspen, Colorado, do
hereby certify that the foregoing is a true and accurate copy of the Resolution adopted by the
City Council at its meeting held on the 14th day of July 2020.
_______________________________
Nicole Henning, City Clerk
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INTERGOVERNMENTAL AGREEMENT BETWEEN EAGLE COUNTY, COLORADO
AND CITY OF ASPEN, COLORADO FOR THE PROVISION OF FINANCIAL
ASSISTANCE RELATED TO THE LOCAL DISASTER EMERGENCY DECLARED
REGARDING THE SPREAD OF COVID-19.
THIS INTERGOVERNMENTAL AGREEMENT (the “Agreement”) is made this ______ day of
____________________, 2020 by and between the Board of County Commissioners of Eagle
County, Colorado, whose address is 500 Broadway, Eagle, Colorado 81631 (“Eagle County”)
and the City of Aspen, Colorado, whose address is 130 S. Galena St., Aspen, CO 81611 (“City of
Aspen”).
RECITALS
WHEREAS, this Agreement is entered into pursuant to, inter alia, C.R.S. §§ 29-1-201, et
seq., and Article XIV, Section 18 of the Colorado Constitution, and;
WHEREAS, Eagle County and the City of Aspen wish to enter into an intergovernmental
agreement for the purpose of allowing Aspen to contribute funds to assist in Eagle County’s
COVID-19 Public Health Emergency Response; and
WHEREAS, both Eagle County and the City of Aspen are governments authorized to enter into
agreements pursuant to C.R.S. § 29-1-203 for purposes including the provision of any function,
service, or facility lawfully authorized to each; and
WHEREAS, the City of Aspen recognizes the City’s workforce resides throughout the Roaring
Fork Valley including portions of Eagle County; and
WHEREAS, both Eagle County and the City of Aspen have issued declarations of local disaster
emergency pursuant to state statute as a result of the spread of COVID-19; and
WHEREAS, as a result of orders issued by the Governor of the State of Colorado, the Colorado
Department of Public Health and Environment, and Eagle County Public Health, there is an
increasing burden on Eagle County residents, including those working in the City of Aspen.
Eagle County and City of Aspen residents are experiencing economic and social hardships due to
the impact of COVID-19. Examples of assistance to Eagle County and City of Aspen residents
that may alleviate some of the hardship include but are not limited to rental/mortgage assistance,
utility assistance, emergency food assistance, household supplies, and transportation assistance;
and
WHEREAS, based on those increasing burdens Eagle County has authorized the expenditure of
county dollars in the amount of $1,150,000 for the purpose of providing emergency funding to
Eagle County residents and community partners The City of Aspen wishes to provide an
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additional $50,000 to support the Public Health Emergency Response Fund for the benefit of
Eagle County residents residing within the Roaring Fork Valley; and
WHEREAS, the Board of County Commissioners of Eagle County finds that it is in the
best interests of the citizens of Eagle County, including those working in the City of Aspen, to
accept the contribution of the City of Aspen to the Public Health Emergency Response Fund; and
WHEREAS, the parties are willing to enter into this agreement to provide direction on the
receipt and administration of the funds provided by the City.
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual promises and agreements of the
parties and other good and valuable consideration, the adequacy and sufficiency of which is
hereby acknowledged, the parties agree as follows:
1. Upon the execution of this agreement, the City of Aspen will deliver to Eagle County up
to $50,000 for use by the Public Health Emergency Response Fund on such conditions as set
forth herein. Through additional appropriations from the City of Aspen, or through donations
that are received by the City of Aspen from private sources for contribution to this fund, the City
of Aspen may provide additional sums to Eagle County for use by the Public Health Emergency
Response Fund on such conditions as set forth herein.
2. The funds provided by the City of Aspen shall be used to offset emergency assistance
allocations to individuals who are residing within the Roaring Fork Valley portion of Eagle
County to alleviate the hardships associated with the spread of COVID-19 and upon proper
application and review by Eagle County, consistent with the means tested rules provided by
Eagle County for distribution of its funds.
3. Assignability. This agreement is not assignable by either party.
4. Modification. This Agreement may be changed or modified only in writing by an
agreement approved by the respective governing bodies of the Governments and signed by
authorized officers of each party.
5. Entire Agreement. This Agreement constitutes the entire Agreement between the parties
and all other promises and agreements relating to the subject of this Agreement, whether oral or
written, are merged herein.
6. Severability. Should any one or more sections or provisions of this Agreement be
judicially adjudged invalid or unenforceable, such judgment shall not affect, impair, or invalidate
the remaining provisions of this Agreement, the intention being that the various sections and
provisions hereof are severable.
7. Termination Prior to Expiration of Term. Any Party has the right to terminate or
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withdraw from this Agreement, with or without cause, by giving written notice to the other
Parties of such termination and specifying the effective date thereof. Such notice shall be given
at least ten (10) days before the effective date of such termination. Termination of the Agreement
relieves the cancelling or withdrawing Party of any further responsibility under this Agreement
except for specifically identified obligations of a continuing nature. If there is a balance of
unused funds at the time of the effective date of termination, such funds shall be returned to the
City, unless the parties agree that the County can continue the distribution of the balance of the
funds under the terms set forth herein.
8. Notice. Any notice required or permitted under this Agreement shall be in writing and
shall be provided by electronic delivery to the e-mail addresses set forth below and by one of the
following methods 1) hand-delivery or 2) registered or certified mail, postage pre-paid to the
mailing addresses set forth below. Each party by notice sent under this paragraph may change the
address to which future notices should be sent. Electronic delivery of notices shall be considered
delivered upon receipt of confirmation of delivery on the part of the sender. Nothing contained
herein shall be construed to preclude personal service of any notice in the manner prescribed for
personal service of a summons or other legal process.
To: Eagle County With copies to:
Director of Human Services Eagle County Attorney’s Office
P.O. Box 850 P.O. Box 850
500 Broadway 500 Broadway
Eagle, CO 81631 Eagle, Colorado 81631
__________@Eaglecounty.us bryantreu@eaglecounty.us
To: City of Aspen
City Manager City of Aspen Attorney’s Office
Sara Ott James R. True
Sara.ott@cityofaspen.com jim.true@cityofaspen.com
9.Government Immunity. The parties agree and understand that both parties are relying on,
and do not waive by any provisions of this Agreement, the monetary limitations or terms or any
other rights, immunities, and protections provided by the Colorado Governmental Immunity Act,
C.R.S. 24-10-101, et seq., as from time to time amended or otherwise available to the parties or
any of their officers, agents, or employees.
10.Current Year Obligations. The parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropriations shall constitute only currently
budgeted expenditures of the parties. The parties’ obligations under this Agreement are subject to
each individual party’s annual right to budget and appropriate the sums necessary to provide the
services set forth herein. No provision of this Agreement shall be construed or interpreted as
creating a multiple fiscal year direct or indirect debt or other financial obligation of either or both
parties within the meaning of any constitutional or statutory debt limitation. This Agreement
shall not be construed to pledge or create a lien on any class or source of either parties’ bonds or
any obligations payable from any class or source of each individual party’s money.
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11. Binding Rights and Obligations. The rights and obligations of the parties under this
Agreement shall be binding upon and shall inure to the benefit of the parties and their respective
successors and assigns.
12.No Third Party Beneficiary. The Parties, in their corporate and representative
governmental capacities, are the only entities intended to be the beneficiaries of this IGA, and no
other person or entity is so intended.
13. Amendments. Amendments to this IGA may be made with consent in writing by all the
Parties.
14.Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original, and all of which shall constitute one and the same
Agreement. Facsimile signatures shall be acceptable and binding on all parties.
15. Agreement made in Colorado. This Agreement shall be construed according to the laws
of the State of Colorado, and venue for any action shall be in the District Court in and for Eagle
County, Colorado.
16. Attorney Fees. In the event that legal action is necessary to enforce any of the provisions
of this Agreement, the substantially prevailing party, whether by final judgment or out of court
settlement, shall recover from the other party all costs and expenses of such action or suit
including reasonable attorney fees.
17. No Waiver. The waiver by any party to this Agreement of any term or condition of this
Agreement shall not operate or be construed as a waiver of any subsequent breach by any party.
18. Authority. Each person signing this Agreement represents and warrants that said person
is fully authorized to enter into and execute this Agreement and to bind the party it represents to
the terms and conditions hereof.
In Witness whereof, the parties hereto have caused this agreement to be executed as of the day
and year first above written.
CITY OF ASPEN APPROVED AS TO FORM
By:_________________________By:___________________________
Torre, Mayor James R. True, City Attorney
Manager Approval:
By:______________________
Sara G. Ott, City Manager
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BOARD OF COUNTY COMMISSIONERS
OF EAGLE COUNTY, COLORADO
By:_______________________ By:__________________________
__________, Chair Bryan Treu, County Attorney
Manager Approval:
By:______________________
Jeff Shroll, County Manager
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MEMORANDUM
To:Mayor and City Council
From: James R. True, City Attorney
Date: July 10, 2020
RE:Resolution #60, Series of 2020 (Ratifying Aspen Pitkin County Housing Authority 2021 –
2025 Strategic Plan)
Request of Council:To consider the adoption of Resolution #60, Series of 2020, which would
ratify Aspen Pitkin County Housing Authority 2021 –2025 Strategic Plan.
Background:A work session was held on July 7, 2020, in which the Aspen Pitkin County
Housing Authority 2021 –2025 Strategic Plan was presented and considered by City Council.
Pursuant to the City of Aspen and County of Pitkin Intergovernmental Agreement (IGA) adopted
on or about May 13, 2019, the City of Aspen and County of Pitkin must ratify the strategic plan
adopted by the APCHA. This strategic plan was adopted by APCHA on June 3, 2020.
Discussion:The memo from the July 7, 2020, work session, as well as the Aspen Pitkin County
Housing Authority 2021 –2025 Strategic Plan are attached hereto. Staff has no additional
presentation or discussion.
Recommendation:City staff recommends adoption of Resolution #60, Series of 2020.
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RESOLUTION #60
(Series of 2020)
A RESOLUTION OF THE CITY OF ASPEN RATIFYING THE ASPEN PITKIN
COUNTY HOUSING AUTHORITY 2021 – 2025 STRATEGIC PLAN
WHEREAS, there has been submitted to the City Council the Aspen Pitkin County Housing
Authority 2021 – 2025 Strategic Plan, adopted by the Aspen Pitkin County Housing Authority
(APCHA) on or about June 3, 2020, a copy of which is attached hereto, and
WHEREAS,pursuant to the City of Aspen and County of Pitkin Intergovernmental Agreement
(IGA) adopted on or about May 13, 2019, the City of Aspen and County of Pitkin must ratify the
strategic plan adopted by the APCHA, and
WHERAS, the City Council reviewed the Strategic Plan at a work session on July 7, 2020, and
WHEREAS,the City Council finds that it is inthe best interests of the citizens of the City of
Aspen County to ratify the Aspen Pitkin County Housing Authority 2021 – 2025 Strategic Plan.
NOW, THEREFORE BE IT RESOLVED that the City Council hereby ratifies the Aspen Pitkin
County Housing Authority 2021 –2025 Strategic Plan, a true and correct copy of which is attached
hereto.
FINALLY, adopted, passed and approved by the City Council of the City of Aspen on the 14th
day of July 2020.
_______________________________
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true
and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado,
at a meeting held on the day hereinabove stated.
_______________________________
Nicole Henning, City Clerk
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210 E. Hyman, Suite 202 • Aspen, CO 81611
970-920-5050 • www.apcha.org
COVER MEMO
TO:Mayor Torre and Aspen City Council
FROM:Mike Kosdrosky, Executive Director
MEETING DATE:July 7, 2020
RE:Review the 2021-2025 APCHA Strategic Plan and schedule for Ratification
PURPOSE
Under the 2019 amended Intergovernmental Agreement (IGA) governing APCHA, the Board and
Executive Director are required to adopt a Strategic Plan to be ratified by CityCounciland the Board
of County Commissioners, respectively. The Strategic Plan is intended to inform future annual work
plans and budgets for APCHA.
BACKGROUND
The Sixth Amended and Restated IGA requires a Strategic Plan, updated at least once every five years,
to define the overall mission, vision, values and key objectives/goals of the Aspen Pitkin County
Housing Authority (APCHA). The Strategic Plan must be adopted and ratified within the first year of
thenew IGA.
Over the course of April and May 2020 and based on previous input and conversations from the
Board’s 2019 daylong fall retreat (in-person) and 2020 daylong spring retreat (via Zoom), the
following document was created. The Board officially adopted the Strategic Plan at a regular public
meeting on June 3, 2020.
DISCUSSION
See Strategic Plan
ACTION REQUESTED
The APCHA Board and Staff are recommending the City Council approve the 2021-2025 Strategic Plan
and schedule for formal ratification of thedocument.
###
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Approved June 3, 2020
Aspen Pitkin County Housing Authority
2021 – 2025 Strategic Plan
Mission:
APCHA supports affordable workforce housing for a sustainable community and a prosperous
economy.
We accomplish our mission through equitable policies, accountable management, and innovative
development to meet the changing needs of APCHA residents and the community. We
effectively communicate and partner with the community to accomplish this mission.
Vision:
APCHA aspires to cultivate the country’s most vibrant mountain community – diverse,
connected, healthy, and thriving.
Values:
Public Trust Do what is ethical and in the public’s interest. Protect the housing
program’s integrity and accountability. Demonstrate equal opportunity,
fairness, and consistency in all actions.
Quality Service Provide respectful, friendly, timely, consistent, and proactive customer
service. Provide fair and compassionate service. Increase program
simplicity and clarity to improve the customer experience.
Transparency Communicate frequently and accurately to increase public awareness and
understanding of the program, its rules, and decisions.
Accountability Promote inventory and occupancy integrity. Adopt organizational best
practices. Create a culture of continuous improvement and accountability.
Demonstrate excellent financial stewardship and governance.
Efficiency and
Effectiveness
Implement state-of-the-art systems, processes, and policies that will
increase customer and staff efficiency. Demonstrate value and verifiable
results to public and decision makers through reliable data and reporting.
Equity Provide equal opportunity of access to housing for qualified workers at
various income levels. Provide consistent and even-handed enforcement
of the housing regulations.
Innovation Foster creative solutions to solve problems and increase cooperation in
the community. Be open to new and more effective ways of doing
business. Have a long-term vision and strategy for success.
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Approved June 3, 2020
Goals
Goals to achieve APCHA’s mission will be used to establish annual priorities and workplans.
Strategies identified as potential priorities for fiscal year 2021 are indicated by an asterisk. As the
2021 work plan and budget is developed, these priorities might change. In addition, the tactical
elements for each strategy will be developed within the annual workplan.
I. Pursue organizational excellence
An organization maintains and enhances its institutional structure and credibility through
financial and professional integrity, strong governance, and excellent decision-making. Strong
organizational capacity will allow APCHA to fulfill its mission and vision, create value by
providing a broad range of products and services, and innovate to maintain our relevance.
STRATEGIES:
1. Improve the governance and operational infrastructure*
2. Ensure success and full implementation of HomeTrek
II. Ensure financial and housing stock wellbeing within the current financial realities of the
city and county
The financial strength of APCHA relies on excellent management and a robust, well-cared for
housing inventory.
STRATEGIES:
1. Develop, approve, and implement capital reserve policies for deed-restricted property
owners*
2. Expand (including identifying additional/independent) APCHA funding sources
3. Develop innovative ways to deliver housing
III. Assure the integrity of the social compact with the community and our resident
Since its inception, APCHA has been a key component of the upper Roaring Fork Valley
community, entering into a social compact not only with its residents, but with the community at
large. That social compact requires open, transparent communication between APCHA, our
residents, and the community. The integrity of that social compact is critical to assure the
achievement of APCHA’s mission and vision.
STRATEGIES:
1. Increase clarity of eligibility, residency requirements, and rights of tenants/owners*
2. Review and align deed restrictions to fully convey expectations, responsibilities, and
obligations of deed-restricted home ownership
3. Improve understanding of and compliance with a renewed social compact with APCHA
residents and the community*
4. Improve the appeals process
416
Approved June 3, 2020
IV. Earn and maintain the public trust
Housing stability is a critical component of a thriving community, and APCHA serves a critical
role in this regard. As a service program that relies on the public’s support, APCHA must be able
to earn and maintain that public’s trust to achieve its mission and vision.
STRATEGIES:
1. Identify opportunities to improve program participation*
2. Improve the effectiveness of public outreach
V. Apply housing expertise to help build community
Over its long history, APCHA has become nationally and internationally recognized for its
expertise in assuring affordable workforce housing. As the workforce ages and retires, and as the
way we work continues to change, APCHA can apply its expertise and policies to assuring the
community addresses those changing needs.
STRATEGIES:
1. Optimize occupancy in APCHA properties
2. Examine opportunities to broaden housing eligibility for special circumstances
3. Formalize a plan for participation in regional housing issues
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REGULAR MEETING ASPEN CITY COUNCIL JUNE 30, 2020
At 4:00 PM Mayor Torre called the special meeting to order with Councilmember Ward
Hauenstein, Councilmember Skippy Mesirow, Councilmember Ann Mullins, Councilmember
Rachael Richards via video conference.
Ordinance #11, Series of 2020 - Time of Closure for Businesses.
Mayor Torre stated that this is a special meeting regarding the first reading of Ordinance #11
and no public comment will be heard. Mayor Torre said the second reading will be the following
night after the APCHA meeting.
Jim True, City Attorney introduced Ordinance #11. Mr. True outlined the three main points to
the emergency ordinance. First being mandatory closure of business at 12:00 AM. The second
point outlined face coverings and requirements while in a business. The final point allows the
City of Aspen to be able to suspend a liquor license or business license if there is a failure to
comply.
Mayor Torre suggested the removal of the second sentence in section two referring to times of
last seating for restaurants.
Councilwoman Mullins asked why they should have a designated time to close the kitchen if
they are not serving food.
Mr. True stated that there are establishments that could sell right up until 12:00 AM. Mr. True
further explained that the ordinance calls for no patrons in the establishment after midnight.
Councilwoman Richards stated that she agrees with Councilman Hauenstein and reiterated that
the key component to this ordinance is that patrons are out of the establishment by midnight.
Councilman Mesirow requested an update about the Board of Health meeting.
Mayor Torre stated that the medical advisory team brought forth the information that loading
reopening does not pose the same health concerns that bars & restaurants do. Mayor Torre
further explained the discussion of restaurant curfew has been talked about for a few weeks.
Councilwoman Mullins stated that lodges can help with the education of visitors with our
current health policies. Councilwoman Mullins stated that the state has said bars could open up
to 25% but the Pitkin County Board of Health decided that was not an option.
Councilman Mesirow asked if the curfew was intended to be a substitute for closing bars.
Councilwoman Mullins restated that bars are still closed per Pitkin County health
order. Councilman Mesirow stated that he does not see the point of the curfew if the
ordinance will have enforcement components to it. Councilman Mesirow stated that this
decision will also hurt those following the rules.
Councilwoman Richards stated that this is a true balancing act for the Aspen community.
Councilwoman Richards said after living here for 40 years most restaurants after 12:00 AM turn
into night clubs. Councilwoman Richards explained that at a certain point with loud music and
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REGULAR MEETING ASPEN CITY COUNCIL JUNE 30, 2020
drinks masks will come off and social distancing won’t be followed. Councilwoman Richards
stated that a curfew is far better than a shutdown.
Councilman Mesirow stated that he does not understand why the City would tell businesses not
to operate rather than educate them to fulfill the five pints of containment and/or risk a loss of
business or liquor license.
Councilman Hauenstein stated that not all restaurants are complying and morphing into bars
and putting the public at risk. Councilman Hauenstein said that they were elected to govern the
City of Aspen and not pass this responsibility to Pitkin County. Councilman Hauenstein further
explained that it is their responsibility to keep the economy open and suppress COVID-19.
Councilman Hauenstein stated that there has been outreach from restaurants for this measure,
and further stated that this will help avoid something catastrophic. Councilman Hauenstein
stated that this does not mean people need to be home and lock their rooms at midnight, this
only applies to business will be closed by midnight.
Councilman Mesirow asked if the curfew applies to the individual person.
Mr. True stated as it is written all business must close by midnight.
Mayor Torre said the convenience store in town may have reduced hours since. Mayor Torre
asked for more information about the locals’ corner convenience store.
Councilman Mesirow asked if this ordinance will affect babysitters from watching children after
midnight.
Mr. True stated how the language is written that locals’ corner and others would be affected.
Mr. True said if the council would like to expand and look at the langue this is a possibility.
Councilwoman Mullins urged that there needs to be a provision to let kitchens stay open until
11:30. Councilmember Mullis said that this ordinance needs to be as clear and understandable
as possible.
Mayor Torre stated that this ordinance is not here to dictate the hours one works but when
patrons can and cannot be in an establishment.
Councilman Hauenstein motioned to have Ordinance #11 read.
Roll call vote: Councilmember Hauenstein, Yes; Councilmember Mesirow, Yes; Councilmember
Mullins, Yes; Councilmember Richards, Yes; Mayor Torre, Yes. All in favor. Motion carries
City Clerk Nicole Henning read Ordinance #11.
Councilman Mesirow asked Police Chief Richard Pryor about his observation of the ordinance.
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REGULAR MEETING ASPEN CITY COUNCIL JUNE 30, 2020
Mr. Pryor stated that essentially this would be the same process as closing bars at 2:00 AM.
Councilman Mesirow asked at the second reading will the police have a process ready for
infractions.
Mr. Pryor stated that when an officer makes contact with a check-in there is always a record.
Mr. Pryor further explained that the first contact is to educate after that any other infractions is
enforcement.
Councilman Mesirow asked what challenges the Aspen Police Department will face by
implementing a 12:00 AM closure.
Mr. Pryor stated that time and the amount of staff will be the main obstacle. Mr. Pryor said that
on top of night checks of business there are other obligations the officers have.
Mayor Torre moved the conversation to section two stating strengthening the obligation of
businesses that are open to the public, not to permit individuals in without masks.
Councilwoman Mullins stated that it would be a good idea for the individual businesses to have
the option of providing masks to the person if needed. Councilwoman Mullins stated that in the
language of section two references bars and should be taken out since bars are not permitted
to be open. Councilwoman Mullins asked what side of ten minutes does this order fall on less
than or more than, referencing the time limit of the congregation of individuals without masks.
Mayor Torre stated that it is the same as the Pitkin County Health Order, more than 10
minutes.
Mr. True stated that under state and county rule any business with a tavern license is
considered a bar and can be open if it has the ability and does serve food.
Councilwoman Richards stated that language for bars should be put in place so when they do
open, they are immediately covered.
Councilman Hauenstein said he agreed with Councilwoman Richards and further stated that the
language is fine as it stands and will cover bars once they are allowed to open.
Mayor Torre said he doesn’t want anyone to get the wrong impression and further stating that
the goal is not to increase the burden on these businesses but to support them and strengthen
the business through the compliance of their patrons.
Councilwoman Richards stated that adding a clear and clean definition of what makes a mask
will be helpful, that there are a lot of interpretations like using socklet that is given when trying
on shoes.
Councilman Mesirow stated that he is in favor of section two.
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REGULAR MEETING ASPEN CITY COUNCIL JUNE 30, 2020
Mayor Torre stated that the Aspen Chamber Resort Association has begun helping with
outreach to businesses and restaurants for the input and commits in preparation for the second
reading.
Councilman Hauenstein stated that he would like to see the language change that mask will
stay in place until City Council deems it ok to remove mandate. Councilman Hauenstein said the
re-upping every 30 days takes away the gravity and seriousness of the situation.
Mayor Torre moved the discussion on to section three.
Mr. True stated that section three allows the City of Aspen to access both liquor and business
licenses and gives the power to the City Manager to suspend a license up to 15 days. Mr. True
further explained that a hearing before the City Council, which shall be at the earliest possible
date following notice of suspension will conclude termination of the suspension, extension of
the suspension, or revocation of the license of the business.
Councilman Mesirow stated that he is in support of this section and asked that the City
Manager meets with the Chief of Police to discuss how this process will come forward.
Councilman Hauenstein stated that the language used makes it very difficult or even impossible
for the City to prove that there was a deliberate and willful violation of the health order.
Councilman Hauenstein further explained that this language gives City Council judicial duties.
Councilman Hauenstein asked if these keywords could be taken out. Councilman Hauenstein
stated that he would like the langue added about the individual business ability to have an
appeal process.
Mr. True stated that there is an avenue for the individual to go to court if they believe they
were not fairly heard by the council. Mr. True explained that the council will be stepping into a
quasi-judicial role. Mr. True addressed the concern about the language stating that this
language helps meet the legal requirements and that all steps are properly being taken and that
all evidence is in place.
Councilwoman Mullins stated that the deliberate and willful violation language is needed, or
the council will see unattended violations cases and that is not needed.
Councilman Hauenstein asked if individual amendments need to happen during the first reading
or will they be accepted at the second reading.
Mr. True stated that amendments can be accepted during the first reading.
Councilman Hauenstein motioned to adopt Ordinance #11 with the amendment to section one
striking sentence two. Councilwoman Richards seconded. Councilwoman Mullins asked
Councilman Hauenstein if he would accept a friendly amendment of the insertion of coworkers
in section three. Councilwoman Richards asked Councilman Hauenstein if he would accept a
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REGULAR MEETING ASPEN CITY COUNCIL JUNE 30, 2020
friendly amendment of the insertion of the language about handing out fresh masks in section
two. Councilwoman Richards asked Councilman Hauenstein if he would accept a friendly
amendment stating that section four does not get repealed with other sections and becomes
part of the City of Aspen’s code.
Councilman Mesirow stated that he does not want to leave this discussion about masks and
public health open-ended, rather a constant everchanging and growing discussion.
Councilman Mesirow asked staff for more information about the box-it-in program. Councilman
Mesirow stated that he would like to see the city ramp up the mask program with more
effective masks like an N95 style for the public and asked staff to investigate this and come
back with an update.
City Manager Sara Ott stated that the masks that the city has been handing out are within CDC
guidelines for face coverings. Ms. Ott said that she is still waiting for an update about the box-
it-in program from the county and will update soon.
Councilman Mesirow restated that he would like to see the City of Aspen provides a more
efficient mask that well help in public health rather than a cloth buff.
Councilwoman Richards stated that she would like to see a definition of who should be getting
these provided masks, is it locals, guests, or a mix. Councilwoman Richards said that there is a
need for clear face shields that could be given out for those hard of hearing and need to read
lips.
Ms. Ott pointed out that the face shields do not meet the public health order that the council
passed.
Mayor Torre called for a roll call vote for Ordinance #11 first read.
Roll call vote: Councilmember Hauenstein, Yes; Councilmember Mesirow, Yes; Councilmember
Mullins, Yes; Councilmember Richards, Yes; Mayor Torre, Yes. 5-0, motion carried.
Councilmember Hauenstein motioned for second reading for Ordinance #11 for July 1st, 2020.
Councilwoman Mullins seconded the motion.
Roll call vote: Councilmember Hauenstein, Yes; Councilmember Mesirow, Yes; Councilmember
Mullins, Yes; Councilmember Richards, Yes; Mayor Torre, Yes 5-0, motion carried.
Councilwoman Mullins motioned to adjourn. Councilmember Hauenstein seconded
Roll call vote: Councilmember Hauenstein, Yes; Councilmember Mesirow, Yes; Councilmember
Mullins, Yes; Councilmember Richards, Yes; Mayor Torre, Yes. 5-0, motion carried.
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REGULAR MEETING ASPEN CITY COUNCIL JUNE 30, 2020
______________________
Nicole Henning, City Clerk
23
1
REGULAR MEETING ASPEN CITY COUNCIL JULY 1, 2020
At 4:00 PM Mayor Torre called the special meeting to order with Councilmember Ward
Hauenstein, Councilmember Skippy Mesirow, Councilmember Ann Mullins, Councilmember
Rachael Richards via video conference.
Jim True City of Aspen Attorney reintroduced Ordinance #11-2020, Mandatory Closing Time
for Business, for the second reading. Mr. True reviewed the amendments council had requested
for the ordinance.
Councilman Hauenstein asked for clarification on when the ordinance will take effect.
Mr. True stated that the ordinance will take effect immediately if four councilmembers vote in
favor. He pointed out that each section could start at different times if the council see that
necessary.
Councilman Hauenstein suggested this go into effect the morning of July 2nd, so individuals are
not caught off guard.
Mayor Torre stated that the council will discuss each section, starting with section one.
Mayor Torre asked Chief of Police Richard Pryor about what the enforcement side of this
ordinance will look like.
Mr. Pryor stated that this will be a bright line and will be easier to see if a business is breaking
this rule and to document. He further said that the 12:00 AM checks will look like our 2:00 AM
checks prior to COVID times. Mr. Pryor said the officers have their body cameras recording to
document every encounter.
PUBLIC COMMENT: None
Councilman Mesirow stated that there is a path for council to support all the measures with a
small alteration. He said that he was in support of sections 2 and 3 of the ordinances and liked
focusing on the accountability aspect. Councilman Mesirow stated that he questioned section 1
about curfews and said this will do harm to some business. He raised questions about the box-it-
in strategy and where is and isn’t being enforced hotels, bars, social gatherings. Councilman
Mesirow stated that he spoke to the hospital about the matrix that is used to determine the level
of emergency in relation to COVID-19. He further explained that with rising cases in Aspen, the
matrix is moving from a comfort level to a cautions level. Councilman Mesirow stated he would
be in favor of a one-month curfew with an appeal option for those businesses that are doing no
harm and practicing the box it in strategy.
Councilwoman Mullins suggested that the ordinance take effect the morning of July 2nd. She
said that she has gotten numerous emails from restaurants in support. She said she likes an end
date, so the council can go back and reevaluate to extend or expirer. She stated that we can
review mid-August. Councilwoman Mullins reiterated that she supports the curfew to take effect
the morning of July 2nd and in effect till mid-August.
Councilman Hauenstein stated that there needs to be some clarification on some of the language.
He said he is in support of the suggested edits that Mr. True put forth. He stated his support for
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REGULAR MEETING ASPEN CITY COUNCIL JULY 1, 2020
the start date beginning July 3rd and suggested the order goes to September 9th. Councilman
Hauenstein said that restaurants need to help enforce the wearing of masks, this is not a political
issue but a public health issue. He asked that gross negligence should be added to section 3
paragraph A.
Mayor Torre asked Councilman Hauenstein what about the businesses that are being safe and
complying in reference to extending this through the summer.
Councilman Hauenstein said it becomes a slippery slope when you start saying these businesses
need to follow curfew and these businesses do not. He thinks that it should apply to all
businesses.
Councilwoman Richards stated that the United States in general has done a poor job in response
to this pandemic. She said it has been announced that US citizens cannot travel to Europe now.
She said think of how this will affect our ski industry. She stated that we cannot separate the
good behaviors from the bad behaviors we are one community and one bad behavior can bleed
over to others and negate all our efforts. She said we are so focused on the economic recovery,
but we’re not prepared as a community for reopening. She stated that 80% of the community is
complying, but not our guests, and we cannot let a group of bad apples ruin the bunch. She stated
that she agrees with Councilman Hauenstein’s analogy about cigarette smoking in the
restaurants. She said she agrees with closing date Councilwoman Mullins suggested, it is a
compromise between Councilman Mesirow and Councilmember Hauenstein.
Mayor Torre asked Councilman Mesirow to explain a little bit further about the appeals process
he is referring to.
Councilman Mesirow stated that this will be an exception from early closing for certain
businesses if the 5 commitments are met. He said there are many other businesses we have not
thought of yet and doesn’t want to punish unnecessarily. He said the appeals process will help
these businesses continue operations safely.
Councilwoman Richards asked what if that doesn’t work. She said that this is a risk she’s not
willing to take. She stated that if a babysitter exemption needs to be put into this ordinance, she
will do it. She doesn’t feel that there are a bunch of other examples.
Councilwoman Mullins thanked Councilmember Richards for her comments and stating that
they are right on. She said we’re doing what we were elected to do, working for the health and
safety of our community. Councilwoman Mullins stated that we are in a real crisis right now. She
said people are coming here because Aspen is safe, but they are going to make it unsafe for us.
She stated that she does not want to begin to think about whether we are going to overwhelm the
healthcare system or not, she further stated that we need to be incredibly strict and stringent.
Councilwoman Mullins stated that she can’t support an appeals process. She said that the
community is concerned about enforcement and how to enforce it. She said that it is time to be
black and white and not cut corners and stands by August 25th.
Councilman Hauenstein stated that this is the time to take action and protect Aspen. He said he
does not support an appeals process and is willing to add an amendment for babysitters. He said
that he agrees with Mr. True's suggestion of the time change for businesses to open back up at
5:00 AM. Councilman Hauenstein stated that he would prefer this ordinance to go through
September 9th.
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REGULAR MEETING ASPEN CITY COUNCIL JULY 1, 2020
Councilman Hauenstein moved to adopt Ordinance #11, Series of 2020 with a start date of July
3rd through September 9th, 2020. Councilwoman Mullins seconded the motion.
Councilman Mesirow stated that he supports August 17th for his end date choice.
Mayor Torre said August 17th is 6 weeks away and Councilmember Mullins’ date is 8 weeks
away.
Councilwoman Richards stated that this conversation is getting too narrowly focused on our city
limits and there needs to be more focus on the national level where our visitors are coming from.
She said that this dissection boils down to two hours, where there is no food being served and
drinks are being served and masks come down. She stated that it’s important to have some
consistency so the public can follow. She stated that she is ok with an August 25th end date.
Councilwoman Richards asked Councilman Hauenstein if he would accept a friendly amendment
to change the end date to August 25th,2020. Councilman Hauenstein accepted the friendly
amendment, and Councilwoman Mullins seconded.
Councilman Mesirow asked Councilman Hauenstein if he would accept a friendly amendment to
split this ordinance into two. Councilman Hauenstein did not accept the friendly amendment.
Mayor Torre asked if a business gets a first offense is it immediately subjugated to losing their
license.
Mr. True stated that it will be up to the City Manager’s discretion on how to proceed.
Councilman Mesirow asked if food delivery would be affected by the ordinance.
Mr. True stated that yes it will since that is a function of the restaurant.
Councilman Mesirow asked Councilman Hauenstein if he would accept a friendly amendment to
add the exception for a hotel food delivery to a hotel room. Councilman Hauenstein accepted the
friendly amendment, and Councilwoman Mullins seconded.
Mr. True outlined the amendments that have been made for Ordinance #11
Mayor Torre stated that this is an ongoing conversation and that council needs to be prepared to
discuss this topic again and again.
Mayor Torre called for a roll call vote for Ordinance #11-2020
Roll call vote: Councilmember Hauenstein, Yes; Councilmember Mesirow, Yes; Councilmember
Mullins, Yes; Councilmember Richards, Yes; Mayor Torre, Yes 5-0, motion carried.
Councilwoman Richards motioned to adjourn. Councilmember Hauenstein seconded
Roll call vote: Councilmember Hauenstein, Yes; Councilmember Mesirow, Yes; Councilmember
Mullins, Yes; Councilmember Richards, Yes; Mayor Torre, Yes. 5-0, motion carried.
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REGULAR MEETING ASPEN CITY COUNCIL JULY 1, 2020
______________________
Nicole Henning, City Clerk
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Page 1 of 4
MEMORANDUM
TO:Mayor and City Council
FROM:Lee Ledesma, Utilities Finance & Admin Manager
Rick Magill, Landscape Ordinance Plans Reviewer
THROUGH:Tyler Christoff, Utilities Director
Scott Miller, Public Works Director
MEMO DATE:July 6, 2020
MEETING DATE:July 14, 2020
RE:Water Efficient Landscape Ordinance – Public Hearing --
Proposed Enhancements to Water Efficient Landscaping
Standards
REQUEST OF COUNCIL: Staff requests approval of Ordinance #9, Series of 2020,
representing enhancements to the Water Efficient Landscaping Standards, (WELS).
Recommended changes include: two new exemptions to WELS review, a variance to the
WELS for projects with outdoor pools/spas and a relatively small irrigated area, and
updated permit language for triggering WELS compliance review. These amendments
are outlined in Exhibits A and B and are the same as those presented during the May 19,
2020 Worksession and as presented at First Reading on June 23, 2020.
SUMMARY AND BACKGROUND: The Water Efficient Landscape Ordinance provides
the Aspen community a mechanism to continuously improve outdoor water efficiency
Conservation is a key component of Aspen’s Integrated Water Supply System, and
effective conservation practices enable the City to manage water supplies more
efficiently. These proposed enhancements help the staff and the community with the
ability to continue to successfully implement this program.
Council adopted the Water Efficient Landscape Ordinance pilot program on May 22,
2017, which went in effect on June 22, 2017 and applied to all city and county parcels
served by City of Aspen water.
In August of 2018, Council approved Ordinance #17, which extended the previously
adopted pilot program of the Landscape Ordinance to 18 months, ending December 31,
2018. This pilot phase allowed the Utility to collect data on current applications, provided
additional time for community outreach, and allowed staff to work through pain-points in
the proposed process.
As of January 1, 2019, all building permit applications that trigger WELS compliance
review need to demonstrate alignment with the maximum annual irrigation water need of
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Page 2 of 4
7.5 gallons/sq. ft./irrigation season and obtain a 3
rd party audit from a certified landscape
irrigation auditor prior to issuance of a Certificate of Occupancy. This audit ensures
landscape and irrigation installations comply with WELS and the approved plans.
To date, there have been 85 building permits within the city and county that have triggered
compliance to WELS since 2018. These projects involved a total of 762,764 irrigated sq.
ft. The average water budgets from the 85 submittals since 2018 is 6.4 gallons/sq.
ft./irrigation season, exceeding the desired reduction (of gallons per square foot)
envisioned in the Standards by nearly 15 percent. These proposed projects equate to an
estimated savings of more than 6,500,000 gallons. Additionally, there are currently 18
WELS submittals under review and in preapproval status. The table below shows the
average water budget by zoning districts.
DISCUSSION: Based on applicants’ input and reviewers’ observations of potential
inconsistencies in the ordinance and standards, staff is requesting changes summarized
in list below. It is important to note components of the requested changes are contained
in both the Municipal Code Title 25, Chapter 25.30, as well as in our currently adopted
Water Efficient Landscaping Standards. The proposed changes stem from input from
applicants, observations of City staff and Council feedback. (A full draft of amendments
can be found in Exhibits A and B):
o WELS Exemption -Staff proposes adding exemption language to WELS
document (section 2.2). This update would apply to: a) projects with less
than 250 sq. ft. of total irrigated area, including any adjoining irrigated City
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Page 3 of 4
right-of-way; and, b) projects with greater than 75 percent of the total
irrigated area occurring within an adjoining City right-of-way. These
proposed changes will allow certain low-impact projects to not trigger
compliance with WELS or be required to submit a complete landscape and
irrigation documentation packet.
o WELS Variance - Staff proposes adding a variance to the WELS document
(section 2.2.5.). This update would apply to projects that are comprised of
outside pools and/or spas with a relatively small area of irrigated landscape
that currently makes it difficult, if not impossible, to meet the water budget.
Staff proposes this additional variance for applicants to ease the burden of
WELS compliance for certain non-irrigation water uses.
o WELS Revision - Staff proposes updating WELS, Section 4.3.2(l)(m)
regarding limitations of disturbance caused by development under existing
trees. Current Standards are not specific enough to mitigate potential
damage to root systems due to disturbance within existing tree driplines and
often conflict with recommendations of the City Forester. The proposed
update to the Standards will allow the City Forester to review each project
on a case-by-case basis and require a tree permit for significant disturbance
under trees.
o WELS Trigger Threshold –Staff proposes replacing the current WELS
trigger threshold of ‘greater than 50 percent internal demolition of existing
structure’ with ‘an increase of 50 percent or more in total water use capacity
on a property, as measured in Equivalent Capacity Units, (ECUs).’ Staff
recommends this update to align the trigger threshold for distinguishing
between substantial and insubstantial remodel projects as identified in Title
25, Section 25.12.070(c) of the Municipal Code. The “substantial vs.
insubstantial remodel/rebuild” trigger language is currently being utilized by
the Engineering department review teams. This recommended revision to
the second WELS compliance trigger allows for consistency between the
three water review teams across the Utilities, Engineering, and Parks
departments.
o WELS Definitions - Other relatively minor clarifications and revisions to the
WELS Definitions and Sections.
FINANCIAL IMPACTS: No direct financial impacts are anticipated as a result of the
outlined recommended changes to the Water Efficient Landscaping Standards.
ENVIRONMENTAL IMPACTS: The City of Aspen's Landscape Code revision is an
example of how local efforts tie into larger statewide efforts to reduce outdoor water use
in Colorado. Comprehensive landscape codes are key to reducing outdoor demand and
'building it smart from the start". WELS promotes the values and benefits of healthy
landscapes while recognizing the need to invest in efficiency. The adopted water budget
of 7.5 gallons/sq. ft./season is estimated to reduce irrigation water demand by 14 percent
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Page 4 of 4
as compared to new plan submittals sampled prior to WELS implementation. And, when
compared to typical existing homes, there is a potential landscape water use savings of
up to 60 percent when these properties update their landscaping and irrigation systems.
Using a water budget of 7.5 gallons/sq. ft./irrigation season (14 percent savings) would
put the City on target to achieve the Council-adopted 2015 City of Aspen Municipal Water
Efficiency Plan projection of 50 acre-feet per year of water savings by 2035. Note: Link
to our Municipal Efficiency Plan can be found at: https://cityofaspen.com/203/About-
Aspen-Water.
ALTERNATIVES: Council may elect not to adopt Ordinance #9 which cover the
proposed enhancements to the Water Efficient Landscape Ordinance and Standards.
RECOMMENDATIONS: Staff recommends adoption of Ordinance #9, Series of 2020,
which modifies existing Water Efficient Landscaping Standards 30 days after this action.
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A – Ordinance #9, Series of 2020
Exhibit B – Water Efficient Landscaping Standards – Proposed Changes
31
CHAPTER 25.30. - WATER EFFICIENT LANDSCAPING STANDARDS
Sec. 25.30.010. - Purpose.
(a) Promote the values and benefits of healthy landscapes while recognizing the need to invest water
and other resources as efficiently as possible.
(b) Establish a structure for planning, designing, installing, maintaining and managing water -efficient
landscapes in new construction and renovated/rehabilitated projects.
(c) Use water efficiently without waste by setting a Maximum Applied Water Budget as an upper limit for
water use and reduce water use to the lowest practical amount.
( Ord. No. 16-2017 ; Ord. No. 28-2018 )
Sec. 25.30.020. - Adoption of City of Aspen Water Efficient Landscaping Standards
Pursuant to the powers and authority conferred by the laws of the State of Colorado and the Charter
of the City of Aspen, there is hereby adopted and incorporated herein by reference as if fully set forth the
City of Aspen Water Efficient Landscaping Standards as may be amended from time to time by City
Council Ordinance. At least one (1) copy of the City of Aspen Water Efficient Landscaping Standards
shall be available for inspection at the City of Aspen Utilities Department, the City of Aspen Parks
department, and City of Aspen Community Development Department.
( Ord. No. 16-2017; Ord. No. 28-2018 )
Sec. 25.30.030. - Applicability.
(a) After June 22, 2017, the City of Aspen Water Efficient Landscaping standards shall apply to the
following projects that use City of Aspen potable water:
(1) Landscaping, grading, installing or disturbing hardscapes, additions to structures, etc. that has
a disturbance area greater than one thousand (1,000) square feet and greater than twenty -five
percent (25%) of the entire sitelot or parcel.
(2) All building permits that trigger a “substantial remodel” per Title 25 of the Municipal Code,
defined as the increase byAll new construction with internal work only that demolishes greater
than fifty percent (50%) or more in the water using capacity of new water using devices or
fixtures installed on a property, as measured by the ECU rating of the existing and proposed
structure(s).of the existing structure, (based on the entire square footage of rooms where floors,
ceilings, or walls are exposed over the square footage of the structure).
(Ord. No. 18-2002 § 3 [part]; Ord. No. 17-2018 ; Ord. No. 28-2018 )
Sec. 25.30.040. - Review Authority.
Utilities Director, or designee, is authorized to make and enforce the rules and regulations contained
in the Water Efficient Landscaping Standards in order to carry out the intent of the standards and this
Chapter.
Where no specific or applicable rules, regulations, or standards appear to be set forth in the Water
Efficient Landscaping Standards, other rules, regulations, or standards, and recommended practices, as
published by professional associations, technical organizations, model code groups, and similar entities,
may be used by the City for guidance.
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( Ord. No. 16-2017 ; Ord. No. 28-2018 )
Sec. 25.30.050. - Review Procedure.
(a) Review Process. The Utilities Director shall have the authority on behalf of the City of Aspen to
determine that all design and construction is completed to a level that is equal to or exceeds the
requirements set forth in this Chapter and the Water Efficient Landscaping Standards.
( Ord. No. 16-2017; Ord. No. 28-2018 )
Sec. 25.30.060. - Variances.
(a) The City may grant variances to the Water Efficient Landscaping Standards when practical
difficulties or unnecessary hardships exist that cause inconsistencies with the purpose and intent of
the standards.
(b) Requests for variances from the standards, policies, or submittal requirements of this document
shall be submitted in writing with appropriate documentation and justification to the City Utilities
Director. Variance requests must, at a minimum, contain the following:
(1) Criteria under which the applicant seeks a variance;
(2) Justification for not complying with the standards;
(3) Proposed alternate criteria or standards to comply with the intent of the criteria;
(4) Supporting documentation, including necessary calculations;
(5) The proposed variance's potential adverse impacts for adjacent landowners; and,
(6) An analysis of the variance request, signed by a qualified landscape professional or qualified
irrigation design professional, depending on the topic of the request.
(c) Upon receipt of a complete application for a variance, the City Utilities Director shall prepare a
statement to recommend that the variance be approved or denied or to request a modification of the
proposed variance.
( Ord. No. 16-2017 ; Ord. No. 28-2018)
Sec. 25.30.070. - Existing Compliance.
(a) The City may grant a determination of compliance for existing projects or portions of existing
properties in sufficient compliance meeting the minimum standards.
(b) Requests for determination of compliance shall be submitted in writing with appropr iate
documentation and justification to the City Utilities Director. Requests for determination of existing
compliance must, at a minimum, contain the following:
(1) Landscape and Irrigation Documentation Package; and
(2) Irrigation audit report performed by a third third-party certified landscape irrigation auditor.
(c) Upon receipt of a complete application for a determination of existing compliance, the City Utilities
Director shall prepare a statement to recommend that the determination be approve d or denied or to
request a modification of the proposed determination.
( Ord. No. 16-2017; Ord. No. 28-2018 )
33
Sec. 25.30.080. - Deposit Requirements for Temporary Certificates of Occupancy.
In accordance with the Water Efficient Landscaping Standards, Section 5.8.3, The City of Aspen
shall: (a) Receive the signed Approval Letter from the project applicant; (b) Approve or deny the Approval
Letter. If the Approval Letter is denied, the City of Aspen shall provide information to the project applicant
regarding reapplication, appeal, or other assistance; (c) If a certificate of occupancy is issued in winter
months when landscaping and irrigation systems cannot be inspected for compliance, Aspen Water
Department will require a deposit equal to the identified cost to complete the landscaping and irrigation
plan. Once compliance has been confirmed, the deposit will be returned in full.
Therefore, if a property owner, or their representative, requests a Temporary Certificate of
Occupancy prior to complete installation of the landscape and irrigation, followed by a 3 rd third-party
audit, and final City of Aspen Approval Letter, the property owner will submit an estimate to complete the
remaining irrigation and landscaping work and pay a deposit as set out below prior to issuance of the
Temporary Certificate of Occupancy.
Deposit Schedule for Landscaping and Irrigation
Project cost estimate Deposit
$0—50,000 50%
$50,000—100,000 25%
Over $100,000 15%
(Ord. No. 24-2019 , § 1, 11-26-2019)
Sec. 25.30.090. - Appeals.
(a) Initiation. An applicant aggrieved by an order, requirement, decision, or determination of the City
Utilities Director may file an appeal with the Administrative Hearing Officer, pursuant to the
procedures set out in Chapter 26.316 of this Code except to the extent set forth herein. The notice of
appeal shall be filed with the City Utilities Director within fifteen (15) days following the date of such
order, requirement, decision, or determination. The notice of appeal shall state in detail the action
appealed, the grounds for the appeal, and the relief sought. Failure to file such a notice of appeal
within the prescribed time shall constitute a waiver of any rights under this Section to appeal any
order, requirement, decision, or determination.
(b) Effect of Filing an Appeal. The filing of a notice of appeal shall stay any proceedings in furtherance
of the action appealed from unless the City Utilities Director certifies in writin g to the Administrative
Hearing Officer that a stay poses an imminent peril to life or property, in which case the appeal shall
not stay further proceedings. The Administrative Hearing Officer may review such certification and
grant or deny a stay of proceedings.
(c) Timing of Appeal. The Administrative Hearing Officer shall consider the appeal within thirty (30)
days following the date of filing the notice of appeal, or as soon thereafter as is practical under the
circumstances.
34
(d) Action by Administrative Hearing Officer. The Administrative Hearing Officer shall review the record
of the action taken by the City Utilities Director, and provide a decision to the Applicant in writing.
The Administrative Hearing Officer may reverse or affirm wholly or par tly the order, requirement,
decision or determination appealed from and shall enter such order, as they deem appropriate under
the circumstance.
( Ord. No. 16-2017 ; Ord. No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019)
Editor's note— Ord. No. 24-2019 , § 1, adopted Nov. 26, 2019, added a new § 25.30.080 and in
doing so renumbered former § 25.30.080 as § 25.30.090, as set out herein.
35
1
ORDINANCE NO. 09
Series 2020
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING TITLE 25 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN--UTILITIES
TO UPDATE CHAPTER 25.30 ENTITLED: WATER EFFICIENT LANDSCAPING
STANDARDS.
WHEREAS, the City owns and operates a public water system; and
WHEREAS, implementation of Aspen’s water efficient landscaping standards will fulfill
certain recommendations identified in the City of Aspen’s Municipal Water Efficiency Plan, the
Roaring Fork Regional Efficiency Plan, and the Roaring Fork Watershed Plan; and
WHEREAS, water conservation and efficiency has been identified as an important
component of Aspen’s Integrated Water Supply System; and
WHEREAS, the Water Efficient Landscaping Standards, as adopted by City Council on
May 22, 2017, Ordinance #16, Series 2018, provide policies, guidelines, and minimum
landscaping design, installation, maintenance, and management criteria to governmental agencies,
design professionals, private developers, community groups, and homeowners for new
development and significant remodels; and
WHEREAS, staff has made enhancements to existing Water Efficient Landscaping
Standards based on community and staff input and requests adoption of modified Standards and
Ordinance; and,
WHEREAS, these standards promote efficient development and use of water within the
City of Aspen’s water service area; and,
WHEREAS, the City Council finds that this ordinance furthers, and is necessary for, the
promotion of the public health, safety, and welfare.
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2
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ASPEN,
COLORADO:
Section 1.
That Chapter 25.30--Water Efficient Landscaping Standards--of the Municipal Code of the
City of Aspen, Colorado, is hereby amended to read as follows:
CHAPTER 25.30
WATER EFFICIENT LANDSCAPING STANDARDS
Sec. 25.30.010. - Purpose.
(a) Promote the values and benefits of healthy landscapes while recognizing the need to invest
water and other resources as efficiently as possible.
(b) Establish a structure for planning, designing, installing, maintaining, and managing water-
efficient landscapes in new construction and renovated/rehabilitated projects.
(c) Use water efficiently without waste by setting a Maximum Applied Water Budget as an
upper limit for water use and reduce water use to the lowest practical amount.
( Ord. No. 16-2017 ; Ord. No. 28-2018 )
Sec. 25.30.020. - Adoption of City of Aspen Water Efficient Landscaping Standards
Pursuant to the powers and authority conferred by the laws of the State of Colorado and the
Charter of the City of Aspen, there is hereby adopted and incorporated herein by reference as if
fully set forth the City of Aspen Water Efficient Landscaping Standards as may be amended
from time to time by City Council Ordinance. At least one (1) copy of the City of Aspen Water
Efficient Landscaping Standards shall be available for inspection at the City of Aspen Utilities
Department, the City of Aspen Parks department, and City of Aspen Community Development
Department.
( Ord. No. 16-2017; Ord. No. 28-2018 )
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Sec. 25.30.030. - Applicability.
(a) After June 22, 2017, the City of Aspen Water Efficient Landscaping standards shall apply to
the following projects that use City of Aspen potable water:
(1) Landscaping, grading, installing or disturbing hardscapes, additions to structures, etc.
that has a disturbance area greater than one thousand (1,000) square feet and greater than
twenty-five percent (25%) of the entire lot or parcel.
(2) All building permits that trigger a “substantial remodel” per Title 25 of the Municipal
Code, defined as the increase by fifty percent (50%) or more in the water using capacity
of new water using devices or fixtures installed on a property, as measured by the ECU
rating of the existing and proposed structure(s)..
(Ord. No. 18-2002 § 3 [part]; Ord. No. 17-2018 ; Ord. No. 28-2018 )
Sec. 25.30.040. - Review Authority.
Utilities Director, or designee, is authorized to make and enforce the rules and regulations
contained in the Water Efficient Landscaping Standards in order to carry out the intent of the
standards and this Chapter.
Where no specific or applicable rules, regulations, or standards appear to be set forth in the
Water Efficient Landscaping Standards, other rules, regulations, or standards, and recommended
practices, as published by professional associations, technical organizations, model code groups,
and similar entities, may be used by the City for guidance.
( Ord. No. 16-2017 ; Ord. No. 28-2018 )
Sec. 25.30.050. - Review Procedure.
(a) Review Process.The Utilities Director shall have the authority on behalf of the City of Aspen
to determine that all design and construction is completed to a level that is equal to or exceeds
the requirements set forth in this Chapter and the Water Efficient Landscaping Standards.
Sec. 25.30.060. - Variances.
(a) The City may grant variances to the Water Efficient Landscaping Standards when practical
difficulties or unnecessary hardships exist that cause inconsistencies with the purpose and
intent of the standards.
(b) Requests for variances from the standards, policies, or submittal requirements of this
document shall be submitted in writing with appropriate documentation and justification to
the City Utilities Director. Variance requests must, at a minimum, contain the following:
(1) Criteria under which the applicant seeks a variance;
(2) Justification for not complying with the standards;
(3) Proposed alternate criteria or standards to comply with the intent of the criteria;
(4) Supporting documentation, including necessary calculations;
(5) The proposed variance's potential adverse impacts for adjacent landowners; and,
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4
(6) An analysis of the variance request, signed by a qualified landscape professional or
qualified irrigation design professional, depending on the topic of the request.
(c) Upon receipt of a complete application for a variance, the City Utilities Director shall prepare
a statement to recommend that the variance be approved or denied or to request a modification
of the proposed variance.
( Ord. No. 16-2017 ; Ord. No. 28-2018)
Sec. 25.30.070. - Existing Compliance.
(a) The City may grant a determination of compliance for existing projects or portions of
existing properties in sufficient compliance meeting the minimum standards.
(b) Requests for determination of compliance shall be submitted in writing with appropriate
documentation and justification to the City Utilities Director. Requests for determination of
existing compliance must, at a minimum, contain the following:
(1) Landscape and Irrigation Documentation Package; and
(2) Irrigation audit report performed by a third-party certified landscape irrigation auditor.
(c) Upon receipt of a complete application for a determination of existing compliance, the City
Utilities Director shall prepare a statement to recommend that the determination be approved or
denied or to request a modification of the proposed determination.
( Ord. No. 16-2017; Ord. No. 28-2018 )
Sec. 25.30.080. - Deposit Requirements for Temporary Certificates of Occupancy.
In accordance with the Water Efficient Landscaping Standards, Section 5.8.3, The City of
Aspen shall: (a) Receive the signed Approval Letter from the project applicant; (b) Approve or
deny the Approval Letter. If the Approval Letter is denied, the City of Aspen shall provide
information to the project applicant regarding reapplication, appeal, or other assistance; (c) If a
certificate of occupancy is issued in winter months when landscaping and irrigation systems
cannot be inspected for compliance, Aspen Water Department will require a deposit equal to the
identified cost to complete the landscaping and irrigation plan. Once compliance has been
confirmed, the deposit will be returned in full.
Therefore, if a property owner, or their representative, requests a Temporary Certificate of
Occupancy prior to complete installation of the landscape and irrigation, followed by a third-
party audit, and final City of Aspen Approval Letter, the property owner will submit an estimate
to complete the remaining irrigation and landscaping work and pay a deposit as set out below
prior to issuance of the Temporary Certificate of Occupancy.
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Deposit Schedule for Landscaping and Irrigation
Project cost estimate Deposit
$0—50,000 50%
$50,000—100,000 25%
Over $100,000 15%
(Ord. No. 24-2019 , § 1, 11-26-2019)
Sec. 25.30.090. - Appeals.
(a) Initiation.An applicant aggrieved by an order, requirement, decision, or determination of
the City Utilities Director may file an appeal with the Administrative Hearing Officer,
pursuant to the procedures set out in Chapter 26.316 of this Code except to the extent set forth
herein. The notice of appeal shall be filed with the City Utilities Director within fifteen (15)
days following the date of such order, requirement, decision, or determination. The notice of
appeal shall state in detail the action appealed, the grounds for the appeal, and the relief sought.
Failure to file such a notice of appeal within the prescribed time shall constitute a waiver of
any rights under this Section to appeal any order, requirement, decision, or determination.
(b) Effect of Filing an Appeal.The filing of a notice of appeal shall stay any proceedings in
furtherance of the action appealed from unless the City Utilities Director certifies in writing
to the Administrative Hearing Officer that a stay poses an imminent peril to life or property,
in which case the appeal shall not stay further proceedings. The Administrative Hearing
Officer may review such certification and grant or deny a stay of proceedings.
(c) Timing of Appeal.The Administrative Hearing Officer shall consider the appeal within thirty
(30) days following the date of filing the notice of appeal, or as soon thereafter as is practical
under the circumstances.
(d) Action by Administrative Hearing Officer.The Administrative Hearing Officer shall review
the record of the action taken by the City Utilities Director and provide a decision to the
Applicant in writing. The Administrative Hearing Officer may reverse or affirm wholly or
partly the order, requirement, decision, or determination appealed from and shall enter such
order, as they deem appropriate under the circumstance.
( Ord. No. 16-2017 ; Ord. No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019)
Editor's note—Ord. No. 24-2019 , § 1, adopted Nov. 26, 2019, added a new § 25.30.080 and in
doing so renumbered former § 25.30.080 as § 25.30.090, as set out herein.
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Section 2.
Any and all existing ordinances or parts of ordinances of the City of Aspen covering the same
matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances
inconsistent with the provisions of this ordinance are hereby repealed; provided, however, that
such repeal shall not affect or prevent the prosecution or punishment of any person for any act
done or committed in violation of any ordinance hereby repealed prior to the taking effect of this
Ordinance.
Section 3.
If any section, subsection, sentence, clause, or phrase of this Ordinance is, for any reason, held to
be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the
remaining portions of this Ordinance. The City of Aspen hereby declares that it would have
adopted this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the
fact that any one or more sections, subsections, sentences, clauses and phrases thereof be declared
invalid or unconstitutional.
Section 4.
This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as
provided by law.
Section 5.
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinance repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
FIRST READING OF THIS ORDINANCE WAS INTRODUCED, READ, ORDERED AND
PUBLISHED as provided by law, by the City Council of the City of Aspen on the 23rd day of
June 2020.
Attest:
Nicole Henning, City Clerk Torre, Mayor
FINALLY, adopted, passed, and approved this 14th day of July 2020.
Attest:
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7
Nicole Henning, City Clerk Aspen Torre, Mayor
Approved as to form:
James R. True, City Attorney
42
Page 1 of 7
MEMORANDUM
TO:Mayor Torre and Aspen City Council
FROM:Phillip Supino, Community Development Director
MEMO DATE:July 8, 2020
MEETING DATE:July 14, 2020
RE:Minor Subdivision - Lot Split –949 West Smuggler Street, Ordinance
No. 002, Series of 2020. 1
st Reading
APPLICANT:949 West Smuggler Street,
LLC
REPRESENTATIVE:Chris Bendon,
BendonAdams, LLC
LOCATION:949 West Smuggler Street
CURRENT ZONING:Split Zoning;
Residential - 6 (R-6) on eastern portion
of the lot and Residential – 30 (R-30) on
the western portion of the lot.
SUMMARY OF REQUEST: The Applicant
requests Minor Subdivision – Lot Split
approval to subdivide the subject
property into Lot 1 and Lot 2. No
development is proposed at this time
and Lot Split approval is only
requested. Power Plant Road
traverses the subject property and its
ownership is unclear. The Applicant
proposes to dedicate a Power Plant
Road right of way (ROW) to the City
during this subdivision process.
STAFF RECOMMENDATION:Staff recommends that
City Council approve Ordinance No. 002, Series of
2020.
Figure 1. Aerial photo of subject property
43
Page 2 of 7
REQUEST OF CITY COUNCIL:The Applicant requests a Minor Subdivision - Lot Split review
pursuant to draft Ordinance 002, Series of 2020 to create two (2) separate and distinct
parcels. This request will be reviewed in accordance with Land Use Code Section
26.480.060.A and Land Use Code Section 26.480.040. City Council is the final review
authority.
LOCATION/BACKGROUND:
The property is located in the “West End” area of Aspen and is comprised of a metes and
bounds portion of land and nine (9) Aspen Townsite lots. The property is bound by West
Smuggler Street to the north and North 8th Street to the East. This portion of the property
contains a flat meadow where a non-designated historic single-family residence was
constructed in 1946. The historical significance and architecture of this residence make
it a strong candidate for designation to the Aspen Modern program, however, designation
is not sought by the applicant at this time.
Two (2) existing sheds
located along the southern
property boundary reside
within the rear yard
setbacks for the Lot. These
sheds retain similar 1940’s
Chalet style as the
residence and are both
historically significant to the
property.The western
portion of the property is
bisected by Power Plant
Road and contains steep
slopes that are partially a
result of the existing road
cut and subsequent
Figure 2: Façade of 949 W. Smuggler Residence
layback of grading. Together, the metes and bounds area and Townsite lots merge to
result in a total property size of 1.417 acres. The property is not subject to any previous
land use decisions.
REQUEST:
The Applicant requests Minor Subdivision - Lot Split approval to subdivide the property
into two lots. The eastern portion of the property would be identified as Lot 2 and be
comprised of Aspen Townsite Lots D – I. Lot 2 would contain the existing single-family
residence. The western portion of the property would be identified as Lot 1 and be
comprised of Aspen Townsite Lots A – C and the metes and bounds area. The application
contains an initial survey of the proposed lot split. Should Council approve the request,
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Page 3 of 7
staff and the applicant will develop the final plat in accordance with the requirements of
Ordinance No. 2.
The following map depicts the proposed lot configurations and sizes:
No development on Lot 1 is proposed at this time. Future City review and approval will be
required prior to any development on the Lots. Specifically, future Lot 1 development will
be required to comply with the Residential Design Standards (RDS) in place at the time
of submittal.
At the time of development or redevelopment of either lot, required housing mitigation
and other regulations will be analyzed at land use application and building permit
submittal and required prior to permit issuance. Given the historic significance of the
existing residence on Lot 2, staff continues to recommend AspenModern historic
designation for the structure. The applicant may choose to designate the structure at a
future date.
At the request of Community Development, Engineering, and Attorney’s Office staff, the
applicant proposes to dedicate a 30-foot right-of-way to the City for ongoing use of Power
Plant Road. The total area dedicated for the roadway is 7,581 square feet. Additionally,
a 16-foot pedestrian and utility easement is proposed on the west side of Power Plant
Road, and a 10-foot utility easement is proposed for the east side of the road. The extent
and configuration of these dedications and easements will be memorialized on the final
subdivision plat.
The property is partially comprised of a metes a bounds description and subsequently
has an unusual parcel configuration that creates uncertainty for yard designation and
building setback requirements. As part of the negotiation for the dedication of the
roadway and easements, modified setbacks were agreed to for the western Lot 1. Those
are outlined in Ordinance No. 2. In accordance with the Land Use Code subdivision
regulations in section 26.480.040, the eastern Lot 2 is subject to the requirements of the
underlying R-6 zone district. No setback or floor area ratio modifications for Lot 2 are
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Page 4 of 7
included in Ordinance No. 2. A building envelope for Lot 1 will be included on the final
plat memorializing the yard designations and setback requirements.
Zoning:
The subject property is
located within two (2)
separate zone districts: R-6
and R-30. The proposed Lot
1 contains the existing R-6
zoning on the flat portion of
the lot above Power Plant
Road while the steep portion
of the lot below Power Plant
Road contains R-30 zoning.
The proposed Lot 2 would be
contained entirely within the
R-6 zone district.
Figure 4: Existing zoning
While Lot 2 will be subject to R-6 zone district standards and requirements, due to split
zoning, future development on Lot 1 warrants further discussion. In general, the R-6 and
R-30 residential zone districts contain almost identical permitted uses, while differing in
Floor Area Ratios (FAR), setbacks, and other dimensional requirements. Land Use Code
Sections 26.710.022.A and B address Split Zoning and stipulate that in circumstances
where one lot spans more than one zone district, the more restrictive dimensional
requirements from each zone district apply. Therefore, future development on Lot 1 shall
comply with the most restrictive zone district standards.
All future development on Lot 1 will be required to comply with the Split Zoning
requirements in Land Use Code Section 26.710.022.A & B, unless rezoned to one zone
district. Rezoning of property is subject to Council review and final approval. Additionally,
the building envelope to be established for Lot 1 will include setback requirements from
each lot line. The floor area ratio for the development or redevelopment of each lot will
be calculated at such time as a development proposal for the site is submitted.
STAFF FINDINGS AND DISCUSSION:
Staff responses to applicable Land Use Code criteria can be viewed in Attachment A.
The Applicant has shown compliance with the applicable review standards and approval
of Ordinance No. 2 is recommended, with certain conditions outlined in the Ordinance.
Staff offers the following discussion items for consideration:
Subdivision of land typically engages the Growth Management Quota System
(GMQS) section of the Code, which requires that the newly created lots obtain a
development right through the allotment process. Minor Subdivision – Lot Split
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Page 5 of 7
requests are exempted from this process and need not obtain a GMQS allotment
for future development of the newly created lot.
With respect to Growth Management affordable housing requirements, no
affordable housing mitigation is required of Lot Splits. Should the existing structure
on Lot 2 be redeveloped, under the current land use code, a credit toward
affordable housing mitigation would be granted for the existing floor area on the
lot. There is no such credit for the vacant Lot 1.
Given that residential development is not proposed at this time on either lot,
conditions in the draft ordinance are included requiring further City review prior to
submittal of any building permit application(s).
The presence of two zone districts creates heighten zoning analysis for any future
development on Lot 1, particularly given the steep grades and almost unbuildable
condition of land west of Power Plant Road. This portion of land is zoned R-30 and
development would be severely constrained including any form of accessory
development such as vehicular access or a shed.
The Land Use Code requires that as a result of subdivision, a single lot shall not
be located within more than one zone district unless unusual circumstances exist.
The Applicant has not submitted a rezoning application and argues that the subject
property contains unusual circumstances given its zoning history and site
constraints. Staff finds that the R-30 zoned land west of Power Plant Road is an
unusual circumstance that does not reflect a buildable condition for the newly
created Lot 1. Further, requiring a rezoning to one consistent zone district provides
no added value to the subdivision, particularly given that the Land Use Code has
established standards for split zone development.
Staff does not recommend rezoning the property. To formalize the property’s
unusual site circumstances, Ordinance No. 2 stipulates that a building restriction
is placed on the portion of land zoned R-30, west of Power Plant Road that restricts
all future development on that portion of the lot. This development restriction
preserves valuable existing oak brush and sage brush habitat. This restriction will
be memorialized in a note on the future subdivision plat.
Further, the placement of the building envelope, pursuant to Land Use Code
26.575.110, on that portion of Lot 1 zoned R-6 restricts the location of structures
to within the building envelope. The map below depicts this area west of Power
Plant Road, labeled “Area of Steep Slopes” where development will be prohibited.
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Page 6 of 7
Figure 5: Area of steep slopes west of Power Plant Road in purple and white hatching
The applicant and City staff collaborated to arrive at the right-of-way dedication
described in Ordinance No. 2. The proposal to dedicate 30-feet of right-of-way
and an additional combined 26-feet of pedestrian and utility easements will
establish clear City ownership in its present location. The Engineering Department
supports the location and extent of these dedications. Staff recommends approval
of the Power Plant Road dedication.
In exchange for the dedication of the right-of-way and easements, staff negotiated
setbacks, memorialized on the plat and in Ordinance No. 2, for the front, read, and
side yards of Lot 1. Those setbacks are described in Ordinance No. 2.
During these negotiations, the applicant requested modified setbacks for the
fathering parcel, Lot 2. As the right-of-way dedication and easements along Power
Plant Road do not impact and are not related to the condition of Lot 2, staff does
not support any modifications to the development rights for Lot 2. Future
development on Lot 2 shall be governed by underlying zoning standards.
The existing Power Plant Road cut creates a steep and unstable slope condition.
This slope is unvegetated and eroding. Staff is concerned that should development
potentially be placed at or near the top of this road cut, erosion may be further
exacerbated creating an unsafe condition for future development. Following first
reading, the Applicant provided a professional geotechnical report analyzing the
existing Power Plant Road cut for unstable conditions as it relates to future
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Page 7 of 7
development. Future development on Lot 1 above the unstable slope will be
required to ensure any erosion or stability impacts are mitigated as a condition of
approval and in accordance with Community Development and Engineering
standards.
As is common practice, subdivision plats do not depict existing improvements like
structures. The applicant has expressed a desire to include the existing structures
on the fathering parcel Lot 2 on the final plat. There is some question as to whether
the location of any of these structures does not conform to setback requirements.
As such, staff does not support their inclusion on the final plat. Doing so may
create confusion as to their status should the property be proposed for
redevelopment.
STAFF RECOMMENDATION:
Staff recommends Council approve the request for a Minor Subdivision at 2
nd reading with
the conditions and requirements outlined in Ordinance No. 2, Series of 2020.
PROPOSED MOTION (WORDED IN THE AFFIRMATIVE):“I move to approve Ordinance No. 2,
Series of 2020.”
Attachments:
Exhibit A – Staff Findings – Minor Subdivision – Lot Split
Exhibit B – Engineering Comments
Exhibit C – Application
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Page 1 of 5
ORDINANCE NO. 002
(SERIES OF 2020)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A MINOR
SUBDIVISION – LOT SPLIT FOR PROPERTY COMMONLY DESCRIBED AS 949
WEST SMUGGLER STREET, LEGALLY DESCRIBED IN EXHIBIT A; CITY OF
ASPEN, PITKIN COUNTY, COLORADO
PARCEL ID #’s: 273512212001 and 273500
WHEREAS,the Community Development Department has received an application from
949 West Smuggler Street, LLC (Applicant), represented by Chris Bendon, BendonAdams, LLC,
requesting a Minor Subdivision – Lot Split for property located at 949 West Smuggler Street
(legally described in Exhibit A of this Ordinance) to create two (2) separate and distinct lots -
Lot 1 and Lot 2; and,
WHEREAS, pursuant to Chapter 26.480.060.A and 26.480.040 of the Land Use Code, a
Minor Subdivision – Lot Split shall be approved, approved with conditions, or denied by the City
Council, after receiving a recommendation from the Community Development Director; and,
WHEREAS,upon initial review of the application and the applicable code standards, the
Community Development Department recommended approval of the request; and,
WHEREAS,the Aspen City Council considered the Minor Subdivision request at 1
st
Reading on February 25
th, 2020 and at 2
nd Reading (duly noticed public hearing) on July 14th, 2020;
and,
WHEREAS,the City Council has reviewed and considered the Minor Subdivision - Lot
Split application proposal under the applicable provisions of the Municipal Code as identified
herein, has reviewed and considered the recommendation from the Community Development
Director, the applicable referral agencies, and has taken and considered public comment at a duly
noticed public hearing; and,
WHEREAS,the City Council finds that the Minor Subdivision – Lot Split proposal meets
the applicable land use standards; and,
WEREAS, the City Council further finds that the dedication of this portion of the Road
as Right of Way from the Applicant to the City of Aspen for public use will indefinitely establish
its ongoing public use; and,
WHEREAS, the CityCouncil finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN,
COLORADO, THAT:
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Page 2 of 5
Section 1: Minor Subdivision – Lot Split
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Aspen City Council hereby approves the Minor Subdivision – Lot Split for property located 949
West Smuggler Street. The fathering parcel to the east containing the existing improvements is
designated Lot 2. The newly created western lot is designated Lot 1. These designations shall
be shown in the final plat.
Section 2: Future City Review Required
Prior to building permit submittal for any future development or redevelopment on Lots 1 or 2,
further City of Aspen review, including but not limited to, Residential Design Standards Review is
required.
Section 3: Zoning
At the time of this subdivision, portions of Lot 1 are zoned R-6 and R-30. Therefore, future
development of Lot 1 is subject to the Split Zoning requirements of the Land Use Code Section
26.710.022 in place at such time as a development application is made. Any future development on
Lot 2 is subject to the requirements of the R-6 zone district in place at such time an application is
made.
Section 4: Development Restriction
To acknowledge the subject property’s unusual site circumstances, a building restriction is
placed on the portion of land zoned R-30, west of Power Plant Road that restricts all future
development. This area of land shall be identified on the final subdivision plat and a note shall
be placed on the plat acknowledging this restriction. A building envelope, pursuant to Land Use
Code 26.575.110 and described on the final plat, shall be placed on that portion of the newly
created Lot 1 zoned R-6 and located east of the Power Plant Road to identify that area of Lot 1
permitted for future development in accordance with the requirements of this ordinance and
applicable Zone District standards.
Section 5: Future Development and Floor Area
The development restriction on Lot 1 described in Section 4 of this ordinance does not reduce the
gross lot area used for the purposes of Floor Area calculations. Such calculations shall be made
in accordance with the requirements and calculation methods of the Land Use Code in place at
the time a development application is made for Lot 1.
Section 6: Power Plant Road Right-of-Way and Easements – Dedication to the City of Aspen
The City Council hereby accepts for public use the dedication from the Applicant to the City of
Aspen of Power Plant Road Right-of-Way at a width of 30-feet as it traverses the subject property.
Additionally, City Council hereby accepts the conveyance of a 16-foot wide utility and pedestrian
easement on the west side of the Power Plant Road dedication area and the conveyance of a 10-foot
utility easement on the east side of the Power Plant Road dedication area. The right-of-way
dedication and the easements shall be depicted and legally described in a note on the final
subdivision plat in accordance with Engineering Standards in place at the time of approval.
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Page 3 of 5
Section 7: Further Lot Split
Pursuant to Land Use Code Section 26.480.060.A.2, Lot 1 and Lot 2 shall not be further
subdivided through the Minor Subdivision – Lot Split process.
Section 8: LotSpanning Right-of-Way
Dedication of Power Plant Road Right-of-Way from the Applicant to the City of Aspen does not
further subdivide Lot 2, now or in the future.
Section 9: Setbacks
The setbacks for Lot 1 are as follows: south – 15 feet, all other lot lines – 10 feet, and the combined
side yard setback does not apply. The Lot 2 setbacks are subject to the zoning requirements for R-6
in place at such time as a development or redevelopment application is submitted.
Section 10: Non-conforming sheds
Structures located on Lot 2 at the time of this lot split plat filing, consisting of a home and two
wooden shed structures, and which may conflict with zoning setback requirements, are subject to
the Non-Conformities regulations in Land Use Code Section 26.312.
Section 11: Utility Easements
The portion of the utility easement dedicated on the south side of the fatheringparcel, Lot 2, shall be
limited to five (5) feet in width.
Section 12: Final Plat
Within 60 days of final approval of the 949 West Smuggler Street Minor Subdivision – Lot Split,
the Applicant shall submit for review, approval, and recordation a final plat depicting the approved
subdivision.
Section 13:
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 14:
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 15:
A duly noticed public hearing on this Ordinance was held on the 14
th day of July 2020 at 5:00 PM in
the City Council Chambers, Aspen City Hall, Aspen, Colorado.
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Page 4 of 5
INTRODUCED, READ AND ORDERED PUBLISED as provided by law, by the City
Council of the City of Aspen on the 25th day of February 2020.
________________________
Torre, Mayor
ATTEST:
____________________________
Nicole Henning, City Clerk
FINALLY,adopted, passed, and approved by a _____ to ______ (_____-____) vote on this 14
th
day of July2020.
___________________________
Torre, Mayor
ATTEST:
_______________________
Nicole Henning, City Clerk
Approved as to form:
__________________________
James R. True, City Attorney
53
Page 5 of 5
Exhibit A
Legal Description of subject property (un-subdivided)
54
1
Exhibit A Staff
Findings
Lot Split
The subdivision of a lot for the purpose of creating one additional development parcel
shall be approved, approved with conditions, or denied by the City Council, pursuant to
Section 26.480.030 – Procedures for Review, according to the following standards:
1. The request complies with the requirements of Section 26.480.040, General
Subdivision Review Standards.
STAFF RESPONSE: Staff responses to this Land Use Code Section are outlined
below.
2. No more than two lots are created by the lot split. No more than one lot split shall
occur on a fathering parcel.
STAFF RESPONSE: The Applicant has shown compliance with this requirement
and no more than (2) lots are proposed. A condition in the draft ordinance has
been included stating that subdivision by further lot split is prohibited.
3. The Lot Split Plat shall be reviewed and recorded in the office of the Pitkin County
Clerk and Recorder, pursuant to Chapter 26.490 – Approval Documents. No
subdivision agreement need be prepared or entered into between the applicant
and the City unless the Community Development Director determines such an
agreement is necessary.
STAFF RESPONSE: The Applicant will be required to file a lot split plat
commensurate with the requirements of Chapter 26.490. Given the low impact
nature of the proposed subdivision, Staff does not feel that a Subdivision
Agreement is needed. Conditions in the approval ordinance reflect the
requirements for the subdivision and subsequent future development.
General subdivision review standards
All subdivisions shall be required to conform to the following general standards and
limitations in addition to the specific standards applicable to each type of subdivision:
A. Guaranteed Access to a Public Way. All subdivided lots must have perpetual
unobstructed legal vehicular access to a public way. A proposed subdivision shall not
eliminate or obstruct legal vehicular access from a public way to an adjacent property. All
streets in a Subdivision retained under private ownership shall be dedicated to public use
to ensure adequate public and emergency access. Security/privacy gates across access
points and driveways are prohibited.
STAFF RESPONSE: Legal access is provided along West Smuggler Street, N. 8th
Street, and an alley. These are public Right of Ways (ROW) that will not be
privatized. The Applicant has shown compliance with this criterion.
55
2
B. Alignment with Original Townsite Plat. The proposed lot lines shall
approximate, to the extent practical, the platting of the Original Aspen Townsite, and
additions thereto, as applicable to the subject land. Minor deviations from the original
platting lines to accommodate significant features of the site may be approved.
STAFF RESPONSE: The proposed subdivision plat and creation of the new lot is
drawn consistent with the Aspen Townsite boundary. The Applicant has shown
compliance with this criterion.
C. Zoning Conformance. All new lots shall conform to the requirements of the zone
district in which the property is situated, including variations and variances approved
pursuant to this Title. A single lot shall not be located in more than one zone district unless
unique circumstances dictate. A rezoning application may be considered concurrently
with subdivision review.
STAFF RESPONSE: The Applicant acknowledges compliance with zone district
requirements, including existing split zone district requirements. The proposed Lot
1 will continue to reside within both the R-6 and R-30 zone districts. Future
development will be required to comply with split zoning regulations and the
requirements of the approval ordinance. The Applicant has not submitted a
rezoning application and states that the property’s unusual site circumstances and
zoning history create unique circumstances. Staff agrees that unusual site
circumstances exists, particularly the steep area of land west of Power Plant Road.
To acknowledge the property’s unusual circumstances, a development restriction
is placed on this area that prohibits all future development. With acceptance of this
condition, Staff finds this criterion met.
D. Existing Structures, Uses, and Non-Conformities. A subdivision shall not
create or increase the non-conformity of a use, structure or parcel. A rezoning application
or other mechanism to correct the non-conforming nature of a use, structure, or parcel
may be considered concurrently.
In the case where an existing structure or use occupies a site eligible for subdivision, the
structure need not be demolished, and the use need not be discontinued prior to
application for subdivision.
If approval of a subdivision creates a non-conforming structure or use, including a
structure spanning a parcel boundary, such structure or use may continue until
recordation of the subdivision plat. Alternatively, the City may accept certain assurance
that the non-conformities will be remedied after recordation of the subdivision plat. Such
assurances shall be reflected in a development agreement or other legal mechanism
acceptable to the City Attorney and may be time-bound or secured with a financial surety.
STAFF RESPONSE: Overall, the Applicant has shown compliance with these
criteria. Existing sheds that appear to have been constructed in the same period
as the main house, and retain similar Chalet style architecture, reside within the
rear yard setback of the proposed Lot 2. These sheds are historically significance
56
3
and eligible for designation. They may remain in the rear yard setback as legal
non-conforming structures in their existing configuration.
57
949 W Smuggler Lot Split - Engineering Referral
From: Hailey Guglielmo
Project Manager
City of Aspen Engineering Department
To: Mike Kraemer
Senior Planner
City of Aspen Community Development Department
Date: February 5, 2020
The following Comments need to be addressed prior to recordation of the Lot Split Plat:
1. The Powerplant Rd and part of Smuggler St ROW width needs to be finalized, dedicated as ROW,
and shown on the Plat. A larger width than the proposed existing asphalt to asphalt is required.
The street is classified as a collector. Per section 4.2.2 of The Engineering Design Standards the
Right-of-Way width shall be 72-89 feet. The ROW width needs to accommodate not only the
roadway, but also any future construction to update the roadway. This includes the width for
shoulders, a drainage system (swale), pedestrian walkway, and any necessary retaining walls.
2. Currently the existing lot sits in a sidewalk deferred zone. Given the need for a future walkway
to serve the houses at the bottom of Powerplant Rd, the two new lots will be required to install
sidewalks at the time of development.
Lot 1 will be required to install sidewalk along Smuggler St, any sidewalk on Powerplant Rd
would be done by the City as an all-encompassing roadway project.
Lot 2 will be required to install sidewalk on Smuggler St and Eighth St adjacent to the property.
The requirements of sidewalks shall be included as a plat note on the recorded lot split plat.
3. A COA compliant survey is required for the land use submittal. Please refer to the survey
checklist located in the Engineering Standards. Particularly the survey needs to show all utilities,
trees, and 1’ contours.
4. All utilities require a dedicated easement or show they are in the ROW dedication. Once utilities
are shown on the survey we can determine if any additional easements are needed.
5. Verify there are no existing drainage patterns that would require a surface drainage easement.
6. On the plat show all front, rear and side easements per section 2.5.2 of the COA Engineering
Standards. This includes ten feet in width on all rear lot lines, and 5 ft in width on all side of lot
lines. Where the rear or side lot lines abut properties outside the subdivision the rear and side
lot lines shall be 20 feet and 10 feet respectively.
7. Verify with the Fire Dept that there is adequate access down the alley. If additional width is
needed lot boundaries may be altered.
8. Change City Engineers block to read:
City Engineer's Review:
This lot split plat of the Vandermoer Hill Lot Split was reviewed for the depiction of the
Engineering Department survey requirements this ___ day of ___, 2020.
58
By:_______
The following are items that are not required for recordation of the lot split but will be required when
the lots are developed and should be taken into consideration.
9. The parking along Smuggler St and Eighth will need to be formalized.
10. Sidewalks will be required along Smuggler and Eighth St
11. All access to both lots will be off the alley. No curb cuts will be permitted on Smuggler or Eighth.
12. Additional easements will be required for any new transformers or other utilities when a design
is determined.
13. A drainage system will need to be installed along the length of the lots. This most likely will be a
swale with consideration of where it ties to downstream.
59
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
November 27, 2019
Mr. Garrett Larimer
Community Development Department
City of Aspen
130 So. Galena St.
Aspen, Colorado 81611
RE: Vandemoer Hill Lot Split
949 W. Smuggler St.
Mr. Larimer:
Please accept this Minor Subdivision
application for the Lot Split of 949 West
Smuggler Street into two fee simple lots. The
61,712 square foot property at the corner of
North 8th and Smuggler Streets is currently
developed with a single-family home. The
parcel has access from Smuggler and 8th
Streets as well as an alleyway within Townsite
Block 3.
The property is owned by 949 West Smuggler
Street LLC. The property has been held in the
extended Vandemoer family for generations
and the home has been used as a vacation residence. Craig Vandemoer and Geoffrey Hill are
the Managers of 949 and have authorized BendonAdams to represent the ownership’s interest.
The land is crossed by Power Plant Road. The
longstanding, routine use of this road by the public is
unquestionable. The applicant has no interest in
disrupting this use pattern or attempting to restrict or
prohibit the public interest in this road. The applicant is
willing to grant a public right-of-way consistent with the
apparent prescriptive easement. The applicant
perceives this to be the width of the paved cartway,
representing a 5,899 square foot area. Reasonable
accommodation of additional width will be considered if
the development rights are unaffected.
60
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
Most of the parcel is zoned Medium-Density Residential (R-6). The far western, sloped portion
of the property is zoned Low-Density Residential (R-30) with a Planned Development overlay.
There is no adopted Planned Development approval of record. A zoning boundary map is
attached as Exhibit 12.
The property appears on various historical zoning maps with conflicting information. The
differences appear to be the result of mapping practices and not intentional amendments to the
zoning map. The zoning boundary map prepared by Sopris Engineering is based on information
received from the City’s GIS department during the preparation of this application.
The resulting Lot 1 (the western lot) will be a 43,712 square foot property and will continue to be
situated in two zone districts. Lot 1 will be subject to the City’s “split zone” provisions of Land Use
Code Section 26.710.022. The R-6 portion will be less than 75% of the total land area of Lot 1.
Lot 2 (the eastern lot) will be an 18,000 square foot parcel zoned R-6.
The existing home is expected to remain in place until
redevelopment. Both Lot 1 and Lot 2 will be eligible to be
developed with either a single-family or duplex. Lot 2 will
also be eligible to be developed with two single-family
homes, using the duplex floor area allowance of the R-6
zone.
“Split Zoning”
Section 26.710.022 of the City’s Land Use Code provides
guidance for dealing with properties situated in more than
one zone district. Proposed Lot 1 will fall within the R-6
and R-30 districts.
The map to the right highlights the two
zones within Lot 1.
The chart to the right highlights
the allowed uses in each zone.
Subsection A provides guidance for uses that are not allowed in both zones. Two detached single-
family homes is a permitted use in the R-6 district; however, it is not listed as a permitted or
conditional use in the R-30 district. If Lot 1 is developed with two detached single-family homes,
the Floor Area will be based on just the 30,652 square feet of land area zoned R-6. Other
Allowed Uses R-6 R-30
Single-Family Home
Duplex Two Single-Family Homes
(on one lot)
Accessory Dwelling Unit
Accessory Uses
Vacation Rentals
61
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
dimensions of a two single-family home development would be based on the R-6 zone with the
entire 43,712 square foot parcel as the basis for calculation.
Subsection B addresses uses that are allowed in both zones. If a single-family home or a duplex
is developed on Lot 1, the more restrictive of each zone’s dimensional allowance applies. The
entire 43,712 square foot parcel will be the basis of calculation. If two single-family homes are
developed on Lot 1, the basis for calculating development rights is limited to the 30,652 square
foot are that is zoned R-6.
The chart below shows the Floor Area and setback limitations for Lot 1.
Lot 1 Floor Area
Gross Lot
Size
Area within
R.O.W.
Slope
Reduction Net Lot Area Allowable Floor
Area
43,712 sf 5,899 sf 15,264 sf 22,549 sf SF – 4,387.5 sf
Dx – 4,817.5 sf
30,652 sf 5,425 sf 3,870.5 sf 21,356.5sf 2SF – 4,757.8 sf
Lot 1 Setbacks
Front Yard Rear Yard Side Yard
R-6
Zone 10 feet 10 feet for primary use, 5 feet
for accessory uses
15 feet each, 50
feet combined
R-30
Zone 30 feet 15 feet for primary use, 5 feet
for accessory uses 10 feet each
Ital. denotes most-restrictive setback applicable to 2 SF homes
Development of Lot 2 is not affected by this split zoning section and all development scenarios
are based on the entire 18,000 square foot parcel. The chart below shows the Floor Area and
setback limitations for Lot 2.
Lot 2 Floor Area
Gross Lot
Size
Area within
R.O.W.
Slope
Reduction Net Lot Area Allowable Floor
Area
18,000 sf 0 sf 102.5 sf 17,897.5 sf
SF – 4,049 sf
Dx – 4,469 sf
2SF – 4,469 sf
Lot 2 Setbacks
R-6
Zone
Front Yard Rear Yard Side Yard
10 feet 10 feet for primary use, 5 feet
for accessory uses
15 feet each, 50
feet combined
62
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
Section 26.575.020.E.2 provides guidance on
determining front, rear, and side yards. Lot 2 is straight-
forward and the graphic to the right depicts the
applicant’s understanding of the yard designations.
The yard designations for Lot 1 are more
complex. The code clearly states that a property
can have only one front lot line and one rear lot
line, which is opposite the front.
The graphic to the right depicts the applicant’s
understanding of this code section and the
resulting designations. The applicant requests
clarification of this matter as part of the Lot Split
process.
The applicant is aware of the property’s potential
historic value and has examined the City’s
AspenModern program and the potential
benefits of designating this property with the City
of Aspen as a historic resource. The property is
not currently listed on the City’s Inventory of
Historic Resources and the applicant is not
interested in pursuing historic designation at this
time. Reconsideration of this position may be
possible in the future, after the Lot Split is
finalized.
63
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
The applicant’s response to the Lot Split criteria are contained in Exhibit 1. We believe this
application provides the necessary documents, responds appropriately to the criteria for approval,
and represents compliance with all applicable requirements. Please let us know if we can answer
questions, provide additional clarity, or address any other item that comes up. We will also
happily organize a site visit at your request.
Kind Regards,
Chris Bendon, AICP
BendonAdams, LLC
Attachments:
1. Review Standards
2. Application Form
3. Authorization to represent
4. Statement of Authority
5. Proof of ownership
6. Agreement to Pay Form
7. HOA compliance
8. Pre-Application Summary
9. Vicinity Map
10. Survey
11. Draft Vandemoer/Hill Lot Split Plat
12. Zoning Map
13. Slope Analysis
64
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
Exhibit 1
Review Criteria
26.480.060. Minor Subdivisions – A. Lot Split
The subdivision of a lot for the purpose of creating one additional development parcel shall be
approved, approved with conditions, or denied by the City Council, pursuant to Section
26.480.030 – Procedures for Review, according to the following standards:
1. The request complies with the requirements of Section 26.480.040, General Subdivision
Review Standards.
Response – See responses to the General Review Standards, below.
2. No more than two lots are created by the lot split. No more than one lot split shall occur on
any one fathering parcel.
Response – Only one lot split is proposed. The parcel has not been previously split.
3. The Lot Split Plat shall be reviewed and recorded in the office of the Pitkin County Clerk and
Recorder, pursuant to Chapter 26.490 – Approval Documents. No subdivision agreement
need be prepared or entered into between the applicant and the City unless the Community
Development Director determines such an agreement is necessary.
Response – A draft plat is provided for the City’s review. The applicant is not expecting a
subdivision agreement will be necessary. If certain infrastructure upgrades are required
of the subdivision, the applicant will provide a development agreement with these
responsibilities assigned to the individual lots.
26.480.040. General Subdivision Review Standards.
All subdivisions shall be required to conform to the following general standards and limitations in
addition to the specific standards applicable to each type of subdivision:
A. Guaranteed Access to a Public Way. All subdivided lots must have perpetual
unobstructed legal vehicular access to a public way. A proposed subdivision shall not
eliminate or obstruct legal vehicular access from a public way to an adjacent property. All
streets in a Subdivision retained under private ownership shall be dedicated to public use
to ensure adequate public and emergency access. Security/privacy gates across access
points and driveways are prohibited.
Response – Both proposed Lots will have access to a public way.
B. Alignment with Original Townsite Plat. The proposed lot lines shall approximate, to the
extent practical, the platting of the Original Aspen Townsite, and additions thereto, as
applicable to the subject land. Minor deviations from the original platting lines to
accommodate significant features of the site may be approved.
65
Exhibit 1
Page 2 of 3
949 Smuggler
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
Response – The proposed boundary is along the Lot C/D boundary of Block 3 of
the Original Townsite. This proposed boundary respects the layout of the City’s
original platting.
C. Zoning Conformance. All new lots shall conform to the requirements of the zone district
in which the property is situated, including variations and variances approved pursuant to
this Title. A single lot shall not be located in more than one zone district unless unique
circumstances dictate. A rezoning application may be considered concurrently with
subdivision review.
Response – Both Lots provide the minimum area and lot width dimensions. The
property currently exists within two zone districts – the R-6 and R-30 zones.
Proposed Lot 1 will continue to be located in two zones. This is a unique condition
and not the result of the applicant’s actions.
A review of historical zoning maps shows a confusing history of the zoning
boundary being mapped along the townsite boundary, along to road edge, or along
property boundaries depending on the year of the zoning map production or
update. Older zoning maps also show the area currently zoned R-30 as being
zoned R-15. The applicant has provided a zoning boundary map with information
provided by the City of Aspen Geographic Information Systems Department. The
zoning boundary on this current map is not aligned with property boundaries, the
road, or with the townsite boundary.
The applicant is not pursuing a rezoning application for the R-30 portion of the
property. This area is steeply sloped with access challenges resulting in limited
development opportunity. The unique condition does not affect the developability
of the remaining portion of the property and the City’s “split-zoning” provisions of
the Land Use Code provide adequate guidance for calculating development rights.
The applicant is also not splitting the property along the zoning boundary. This
would cure the split zoning situation and result in neither lot having more than one
zone district designation. But, creating a development parcel based on the R-30
portion of this property would create a development parcel with severe access and
development challenges. A lot split along the current zoning boundary would not
seem to be in the community interest.
The applicant believes the split zoning circumstance is a unique condition that this
standard anticipated.
D. Existing Structures, Uses, and Non-Conformities. A subdivision shall not create or
increase the non-conformity of a use, structure or parcel. A rezoning application or other
mechanism to correct the non-conforming nature of a use, structure, or parcel may be
considered concurrently. In the case where an existing structure or use occupies a site
eligible for subdivision, the structure need not be demolished and the use need not be
discontinued prior to application for subdivision.
If approval of a subdivision creates a non-conforming structure or use, including a
structure spanning a parcel boundary, such structure or use may continue until recordation
of the subdivision plat. Alternatively, the City may accept certain assurance that the non-
conformities will be remedied after recordation of the subdivision plat. Such assurances
66
Exhibit 1
Page 3 of 3
949 Smuggler
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
shall be reflected in a development agreement or other legal mechanism acceptable to
the City Attorney and may be time-bound or secured with a financial surety.
Response – The lot split will not create or worsen a non-conformity. The existing
home on Lot 2 will have a side yard setback exceeding the minimum of 15 feet
along the western boundary. Other setbacks and the combined side yard setback
are easily met. The existing Floor Area of approximately 1,800 sf is well below the
allowable limit.
There are a couple of sheds on the property that appear to be non-conforming with
respect to setbacks. The Lot Split will not worsen this condition.
The applicant will continue to use the existing home and sheds after the Lot Split
is concluded and hopes to not need to demolish these structures until substantial
redevelopment of the parcel.
67
November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
LAND USE APPLICATION
Parcel ID # (REQUIRED) _____________________________
APPLICANT:
Name: ______________________________________________________________________________________________
Address: _______________________________________________________________________________________________
Phone #: ___________________________ email: __________________________________
REPRESENTIVATIVE:
Name: _________________________________________________________________________________________________
Address:________________________________________________________________________________________________
Phone#: _____________________________ email:___________________________________
Description: Existing and Proposed Conditions
Review: Administrative or Board Review
Have you included the following?FEES DUE: $ ______________
Pre-Application Conference Summary
Signed Fee Agreement
HOA Compliance form
All items listed in checklist on PreApplication Conference Summary
Required Land Use Review(s):
Growth Management Quota System (GMQS) required fields:
Net Leasable square footage _________ Lodge Pillows______ Free Market dwelling units ______
Affordable Housing dwelling units_____ Essential Public Facility square footage ________
Vandemoer Hill Lot Split. 949 West Smuggler Street; Aspen, CO. Project Name and Address:_________________________________________________________________________
2735.122.12.001
949 West Smuggler Street LLC, a Colorado limited liability company
3489 W. 62nd Ave; Denver, CO 80221
303.818.1497
407.712.4899
CVandemoer@Sterlinglbr.com
GeoffreyHill@gmail.com
BendonAdams
300 So. Spring Street #202; Aspen, CO 81611
970.925.2855 Chris@BendonAdams.com
Existing home in 1+acre parcel to be split into two development parcels.
na na
na na
1 existing
x
xx
x
4,550
Minor Subdivision; Lot Split
Exhibit 2
68
Exhibit 3
69
70
Exhibit 4
71
Land Title Guarantee Company
Customer Distribution
PREVENT FRAUD - Please remember to call a member of our closing team when
initiating a wire transfer or providing wiring instructions.
Order Number:Q64002750-2 Date: 10/29/2019
Property Address:949 W SMUGGLER ST, ASPEN, CO 81611
PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS
For Closing Assistance For Title Assistance
Land Title Roaring Fork Valley Title
Team
533 E HOPKINS #102
ASPEN, CO 81611
(970) 927-0405 (Work)
(970) 925-0610 (Work Fax)
valleyresponse@ltgc.com
Seller/Owner
949 WEST SMUGGLER STREET LLC
Delivered via: Electronic Mail
Agent for Seller
SOPRIS ENGINEERING
Attention: MARK BECKLER
502 MAIN
CARBONDALE, CO 81623
(970) 704-0311 (Work)
(970) 704-0313 (Work Fax)
mbeckler@sopriseng.com
clove@sopriseng.com
Delivered via: Electronic Mail
Exhibit 5
72
Land Title Guarantee Company
Estimate of Title Fees
Order Number:Q64002750-2 Date: 10/29/2019
Property Address:949 W SMUGGLER ST, ASPEN, CO 81611
Parties:TO BE DETERMINED
949 WEST SMUGGLER STREET LLC, A COLORADO LIMITED LIABILITY
COMPANY
Visit Land Title's Website at www.ltgc.com for directions to any of our offices.
Estimate of Title insurance Fees
"TBD" Commitment $217.00
Total $217.00
If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at
closing.
Thank you for your order!
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 effect of these documents on your
property.
Chain of Title Documents:
Pitkin county recorded 12/13/2004 under reception no. 505058
Pitkin county recorded 12/13/2004 under reception no. 505057
Pitkin county recorded 12/13/2004 under reception no. 505056
Pitkin county recorded 12/13/2004 under reception no. 505055
Pitkin county recorded 12/09/2002 under reception no. 475771
Pitkin county recorded 12/09/2002 under reception no. 475770
Pitkin county recorded 12/09/2002 under reception no. 475769
Pitkin county recorded 01/10/2000 under reception no. 439400
Pitkin county recorded 01/10/2000 under reception no. 439399
Pitkin county recorded 01/10/2000 under reception no. 439398
Pitkin county recorded 02/04/1999 under reception no. 427342
Pitkin county recorded 02/04/1999 under reception no. 427341
Pitkin county recorded 02/04/1999 under reception no. 427340
Pitkin county recorded 11/23/1998 under reception no. 424762
Pitkin county recorded 11/23/1998 under reception no. 424761
73
Pitkin county recorded 11/23/1998 under reception no. 424760
Pitkin county recorded 12/08/1997 under reception no. 411391
Pitkin county recorded 12/08/1997 under reception no. 411390
Pitkin county recorded 11/18/1997 under reception no. 410725
Pitkin county recorded 03/25/1997 under reception no. 402816
Pitkin county recorded 03/25/1997 under reception no. 402815
Pitkin county recorded 03/25/1997 under reception no. 402814
Pitkin county recorded 03/13/1986 under reception no. 276360 at book 507 page
159
Pitkin county recorded 03/13/1986 under reception no. 276359 at book 507 page
158
Pitkin county recorded 03/13/1986 under reception no. 276358 at book 507 page
157
Pitkin county recorded 03/13/1986 under reception no. 276357 at book 507 page
156
Pitkin county recorded 12/27/1977 under reception no. 200565 at book 340 page
994
Pitkin county recorded 01/12/1972 at book 260 page 685
Pitkin county recorded 12/13/1971 at book 260 page 17
Pitkin county recorded 04/20/1959 under reception no. 108073 at book 187 page
389
Pitkin county recorded 05/28/1957 at book 181 page 345
Pitkin county recorded 07/19/1949 at book 170 page 565
Pitkin county recorded 12/19/1947 at book 170 page 454
74
Property Address:
949 W SMUGGLER ST, ASPEN, CO 81611
1.Effective Date:
09/20/2019 at 5:00 P.M.
2.Policy to be Issued and Proposed Insured:
"TBD" Commitment
Proposed Insured:
TO BE DETERMINED
$0.00
3.The estate or interest in the land described or referred to in this Commitment and covered herein is:
A Fee Simple
4.Title to the estate or interest covered herein is at the effective date hereof vested in:
949 WEST SMUGGLER STREET LLC, A COLORADO LIMITED LIABILITY COMPANY
5.The Land referred to in this Commitment is described as follows:
PARCEL 1
LOTS A, B, C, D, E, F, G, H AND I, BLOCK 3, CITY AND TOWNSITE OF ASPEN,
PARCEL 2
THAT CERTAIN PARCEL OF LAND, TOGETHER WITH ALL RIGHTS, PRIVILEGES AND EASEMENTS
CONTAINED IN THE DEED HEREIN-AFTER DESCRIBED, CONVEYED TO H.R. VANDEMOER BY VIRGINIA
S. CHAMBERLAIN BY DEED DATED APRIL 20, 1959, DULY RECORDED JUNE 2, 1959 AS RECEPTION NO.
108073 IN BOOK 187 AT PAGE 389 OF THE RECORDS IN THE OFFICE OF THE CLERK OF THE
RECORDED OF PITKIN COUNTY, COLORADO.
SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS (FROM RECEPTION
NO. 108073) :
THAT CERTAIN PARCEL OF LAND IN SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST, 6TH P.M.,
DESCRIBED IN DOCUMENT NO. 96608 IN BOOK 170 AT PAGE 565 OF THE RECORDS FOR PITKIN
COUNTY LYING NORTHERLY OF THE CENTERLINE OF THE ALLEY IN BLOCK 3 OF THE CITY AND
TOWNSITE OF ASPEN PROJECTED WESTERLY TO IT'S INTERSECTION WITH THE WESTERLY LINE OF
SAID TRACT OF LAND DESCRIBED IN SAID DOCUMENT NO. 96608 OF THAT PARCEL OF LAND
CONVEYED BY MICHAEL MAROLT TO H.R. VANDEMOER AND ARTHUR PFISTER BY QUIT CLAIM DEED
DATED JULY 14, 1949.
INCLUDING ALL RIGHTS AND PRIVILEGES TO USE THE ROADWAY AS NOW CONSTRUCTED AND IN USE
FROM SMUGGLER STREET ACROSS SAID ABOVE DESCRIBED PROPERTY TO THAT PORTION OF LAND
DESCRIBED IN SAID DOCUMENT NO. 96608 LYING SOUTHERLY OF THE CENTERLINE OF THE ALLEY IN
SAID BLOCK 3 PROJECTED WESTERLY, IT BEING THE INTENTION OF THE GRANTOR TO RELEASE AND
QUIT-CLAIM FOREVER HER INTEREST IN SAID EASEMENT USED FOR INGRESS AND EGRESS TO
SMUGGLER STREET.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:Q64002750-2
75
Copyright 2006-2019 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.
LESS AND EXCEPT ALL OF THAT PROPERTY DESCRIBED IN THAT DOCUMENT RECORDED JUNE 2,
1959 IN BOOK 187 AT PAGE 388, AS RECEPTION NO. 108072.
COUNTY OF PITKIN.
STATE OF COLORADO.
COUNTY OF PITKIN
STATE OF COLORADO
NOTE: THE FINAL POLICY DOES NOT IN ANY WAY GUARANTEE OR INSURE THE DIMENSIONS OF THE
ABOVE DESCRIBED LAND, THE LEGAL DESCRIPTION IS DERIVED BY THE CHAIN OF TITLE.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:Q64002750-2
76
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: Q64002750-2
All of the following Requirements must be met:
This proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company
may then make additional Requirements or Exceptions.
Pay the agreed amount for the estate or interest to be insured.
Pay the premiums, fees, and charges for the Policy to the Company.
Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or
both, must be properly authorized, executed, delivered, and recorded in the Public Records.
1.PROVIDE LAND TITLE GUARANTEE COMPANY WITH A CURRENT IMPROVEMENT LOCATION
CERTIFICATE OF SUBJECT PROPERTY. THIS REQUIREMENT IS NECESSARY TO DELETE STANDARD
EXCEPTIONS 1 THROUGH 3 AND TO VERIFY LEGAL DESCRIPTION. UPON REVIEW, ADDITIONAL
REQUIREMENTS AND/OR EXCEPTIONS MAY BE NECESSARY.
NOTE: ANY MATTERS DISCLOSED BY SAID IMPROVEMENT LOCATION CERTIFICATE WILL BE
REFLECTED ON SAID POLICY(S) TO BE ISSUED HEREUNDER.
NOTE: LAND TITLE IS NOT RESPONSIBLE FOR ORDERING SAID IMPROVEMENT LOCATION
CERTIFICATE.
2.EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF
THE CITY OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED.
3.LAND TITLE WILL REQUIRE EVIDENCE OF THE RETT BEING SATISFIED FOR ALL OF THE INTERFAMILY
DEEDS RECORDED FROM THE TRANSFER RECORDED MARCH 25, 1997 FORWARD TO THE DEED
RECORDED DECEMBER 13, 2004. THIS REQUIREMENT AFFECTS 22 DEEDS.
4.WRITTEN INSTRUCTIONS AUTHORIZING LAND TITLE TO PREPARE A STATEMENT OF AUTHORITY FOR
949 WEST SMUGGLER STREET LLC, A COLORADO LIMITED LIABILITY COMPANY, STATING UNDER
WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME
AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING,
ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY;
OR, A DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE
NAME OF 949 WEST SMUGGLER STREET LLC, A COLORADO LIMITED LIABILITY COMPANY AS A LIMITED
LIABILITY COMPANY.
NOTE: ANY STATEMENT OF AUTHORITY MUST BE IN COMPLIANCE WITH THE PROVISIONS OF SECTION
38-30-172, C.R.S. AND BE RECORDED WITH THE CLERK AND RECORDER.
5.WARRANTY DEED FROM 949 WEST SMUGGLER STREET LLC, A COLORADO LIMITED LIABILITY
COMPANY TO TO BE DETERMINED CONVEYING SUBJECT PROPERTY.
NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS
NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF
ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE
AND ANY AMENDMENTS THERETO.
77
This commitment does not republish any covenants, condition, restriction, or limitation contained in any
document referred to in this commitment to the extent that the specific covenant, conditions, restriction,
or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender
identity, handicap, familial status, or national origin.
1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land and not shown by the Public
Records.
4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law
and not shown by the Public Records.
5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date of the proposed
insured acquires of record for value the estate or interest or mortgage thereon covered by this
Commitment.
6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public
agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by
the records of such agency or by the Public Records.
7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
8.RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF ASPEN RECORDED
JANUARY 17, 1888 IN BOOK 59 AT PAGE 292, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE
HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING
CLAIM OR POSSESSION HELD UNDER EXISTING LAWS.
9.RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF ASPEN RECORDED
AUGUST 08, 1888 IN BOOK 59 AT PAGE 468, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE
HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING
CLAIM OR POSSESSION HELD UNDER EXISTING LAWS.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: Q64002750-2
78
LAND TITLE GUARANTEE COMPANY
DISCLOSURE STATEMENTS
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the
clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least
one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that,
the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or
filing information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters
which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for
recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title
Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal
documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy
when issued.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of
Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following
conditions:
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
The Subject real property may be located in a special taxing district.(A)
A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in
which the real property is located or that county treasurer's authorized agent unless the proposed insured provides
written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real
property).
(B)
The information regarding special districts and the boundaries of such districts may be obtained from the Board of
County Commissioners, the County Clerk and Recorder, or the County Assessor.
(C)
The land described in Schedule A of this commitment must be a single family residence which includes a
condominium or townhouse unit.
(A)
No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land
described in Schedule A of this Commitment within the past 6 months.
(B)
The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and
material-men's liens.
(C)
The Company must receive payment of the appropriate premium.(D)
If there has been construction, improvements or major repairs undertaken on the property to be purchased within
six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include:
disclosure of certain construction information; financial information as to the seller, the builder and or the
contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company,
and, any additional requirements as may be necessary after an examination of the aforesaid information by the
Company.
(E)
79
Note: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface
estate, in Schedule B-2.
Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or
information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may
include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance
company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for
the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award
payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of
Regulatory Agencies.
Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing
protection letter for the lender, purchaser, lessee or seller in connection with this transaction.
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)
80
JOINT NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY,
LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY
LAND TITLE INSURANCE CORPORATION AND
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance
Corporation and Old Republic National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state
privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence
is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized
access to your non-public personal information ("Personal Information").
In the course of our business, we may collect Personal Information about you from:
applications or other forms we receive from you, including communications sent through TMX, our web-based
transaction management system;
your transactions with, or from the services being performed by us, our affiliates, or others;
a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
The public records maintained by governmental entities that we obtain either directly from those entities, or from
our affiliates and non-affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows:
We restrict access to all Personal Information about you to those employees who need to know that information in
order to provide products and services to you.
We may share your Personal Information with affiliated contractors or service providers who provide services in the
course of our business, but only to the extent necessary for these providers to perform their services and to
provide these services to you as may be required by your transaction.
We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your
Personal Information from unauthorized access or intrusion.
Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action.
We regularly assess security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT
IS NOT STATED ABOVE OR PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We
may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for
example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your
Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is
needed to enforce our rights arising out of any agreement, transaction or relationship with you.
Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy
policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration
Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof.
81
Commitment For Title Insurance
Issued by Old Republic National Title Insurance Corporation
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, Comitment terminates
and the Company’s liability and obligation end.
3. The Company’s liability and obligation is limited by and this Commitment is not valid without:
4. COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or
other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The
Company shall not be liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
i. comply with the Schedule B, Part I—Requirements;
ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
“Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a)
“Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any
property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues,
alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
(b)
“Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c)
“Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company
pursuant to this Commitment.
(d)
“Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e)
“Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this
Commitment.
(f)
“Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters
relating to real property to purchasers for value and without Knowledge.
(g)
“Title”: The estate or interest described in Schedule A.(h)
the Notice;(a)
the Commitment to Issue Policy;(b)
the Commitment Conditions;(c)
Schedule A;(d)
Schedule B, Part I—Requirements; and(e)
Schedule B, Part II—Exceptions; and(f)
a counter-signature by the Company or its issuing agent that may be in electronic form.(g)
The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the
Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed
Insured’s good faith reliance to:
(a)
The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the
matter and did not notify the Company about it in writing.
(b)
The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the
Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
(c)
The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment
Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(d)
The Company shall not be liable for the content of the Transaction Identification Data, if any.(e)
82
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the
Company’s agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma
policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at
http://www.alta.org/arbitration.
IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown
in Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
Issued by:
Land Title Guarantee Company
3033 East First Avenue Suite 600
Denver, Colorado 80206
303-321-1880
Senior Vice President
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Land Title Insurance Corporation. This Commitment is not valid without the
Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and
a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are
prohibited. Reprinted under license from the American Land Title Association.
In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements
have been met to the satisfaction of the Company.
(f)
In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g)
Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a)
Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b)
Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject
matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral,
express or implied, relating to the subject matter of this Commitment.
(c)
The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the
terms and provisions of this Commitment or the Policy.
(d)
Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e)
When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f)
83
Agreement to Pay Application Fees
An agreement between the City of Aspen ("City") and
949 Smuggler Street
Please type or Print in all caPs
Address of PropertY:
Property Owner Name:949 West Smuggler StreRlht9",rt're Name (ir different rrom properrv owner,, BendonAdams
Billing Name and Address - Send Bills to:
Craig Vandenmoer, Manager; 94g West Smuggler Street LLC; 3489 W 62nd Ave'; Denver CO 80221
CVandgmoer@Sterlinglbr'comrnone, 303-g1 g-14gT
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.
S. 975 ftat fee for
S.- flat fee for
For Deposit cases only: The City and I understand that because ofthe size, nature or scope ofthe 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 pres€ntation 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. lf 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.
Parks 5
-
flat fee for
S.- flat fee for
,l
hours of Community Development Department staff time. Additional times 3,250 deposit for.
above the deposit amount will be billed at 5325'00 per hour.
325 deposit for
deposit amount will be billed at S325.fl1 per hour.
City of Aspen:
Jennifer Phelan, AICP
Community DeveloPment Director
City Use:
hours of Engineering Department staff time. Additional time above the
Signature:
'aig Vandenmoer, Manager
949 West Smuggler Street LLC
PRINT Name:
Title:
Fees Due: S-Received S.
Case #
a Colorado Limited Liability Company
Or ASPEN COMMUNITY DTVTIOPMENT
Exhibit 6
84
Homeowner Association Compliance Policy
All land use applications within the City of Aspen are required to include a Homeowner Association
Comoliance Form (this form) certifying the scope of work included in the land use application complies
*il.re[ applicabf. covenants and homeowner association policies. The certification must be sianed bv
the propertv owner or Attornev representinq the propertv owner'
Name: Craig Vandenmoer, Manager; 949 West Smuggler Street LLC; a Colorado Limited Liabil
Property ComPanY
Orner fl"): phone No.303.818..1497
Address of 949 W. Smuggler St.
Property: Asoen. CO g1611
(subject or
application)
I certify as follows: (pick one)
@ ff,i" property is not subject to a homeowners association or other form of private covenant.
fl fni" property is subject to a homeowners association or private covenant and the improvements
proposed lninis lan'd use application do not require approval by the homeowners association or
covenant beneficiary.
f] fni. property is subject to a homeo\,vners 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:
Owner printed name:
or,
Attomey signature:
{== {Mude,'t4,y'q
Craig Vandenmoer, Manager
949 West Smuggler Street LLC
A Colorado Limited Liability Company
date:
CONNUUru lrY DEVELOPMENT DTPARTUTruT
Exhibit 7
85
Exhibit 8
86
87
949 West Smuggler Street – Vicinity Map
Exhibit 9
88
Exhibit 10
89
“”
DRAFT
’
Exhibit 11
90
Exhibit 12
91
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78407842784478467848785078527854785678587860786278647866786878707882SOPRIS ENGINEERING - LLC
THE VANDEMOER PROPERTY - LOT 1 & 2
LOTS A,B,C,D,E,F,G,H AND I, BLOCK 3, CITY AND TOWNSITE OF ASPEN AND
CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
SLOPE ANALYSIS OF:
502 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 81623
CIVIL CONSULTANTS
(970) 704-0311
SHEET 1 OF 1
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN
AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION
ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL
YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.20153 sb 2017-12-14 M:\2000dwgs\20153\20153-Vandemoer Slope Analysis_2019 REVISION.dwg
A PRACEL OF LAND SITUATED IN THE SW 1/4 AND THE NW 1/4 OF SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M.
1 inch = ft.
( IN FEET )
30
SLOPE ANALYSIS TABLE LOT 1
COLOR RANGE BEG. RANGE END PERCENT AREA SQ.FT.
0.00 20.00 63.0 27,532
20.00 30.00 4.2 1,832
30.00 --- 32.8 14,348
CITY OF ASPEN GIS NAVD 88 CONTOURS
SLOPE ANALYSIS TABLE LOT 2
COLOR RANGE BEG. RANGE END PERCENT AREA SQ.FT.
0.00 20.00 99.4 17,886
20.00 30.00 0.1 23
30.00 --- 0.5 91
CITY OF ASPEN GIS NAVD 88 CONTOURS
Exhibit 13
92
1
Cindy Klob
From:Nicole Henning
Sent:Monday, September 14, 2020 2:09 PM
To:Cindy Klob
Subject:FW: 949 w. Smuggler
Attachments:20153_AMENDED PLAT_FINAL_2020_07_07_REV.pdf
Hi, can you check to see if this is a part of this record? I may or may not have added it in…
Nicole Henning
City Clerk
130 South Galena St.
Aspen, CO 81611
p: 970.429.2685
f: 970.920.5197
www.cityofaspen.com
From: Phillip Supino <phillip.supino@cityofaspen.com>
Sent: Tuesday, July 14, 2020 4:46 PM
To: Nicole Henning <nicole.henning@cityofaspen.com>; Jim True <jim.true@cityofaspen.com>
Subject: FW: 949 w. Smuggler
Nicole:
Can you please add the email below and doc attached to the record for 949 Smuggler?
Cheers,
Phillip Supino, AICP | P4CA
Director
Community Development
130 S. Galena St.
Aspen, CO 81611
p: 970.429.2767
c: 970.319.0833
2
www.cityofaspen.com
www.aspencommunityvoice.com
To promote the health and safety of our staff and community and to minimize the spread of COVID‐19, Community Development staff are conducting business by
email and phone and are only available in person by appointment. Contact information for our entire staff and how best to get the services you need can be found on
our website: cityofaspen.com/177/Community‐Development. Thank you for your understanding.
The following resources have more information about public health, safety, and COVID‐19:
Pitkin County's COVID‐19 website
City of Aspen’s COVID‐19 website
Colorado Department of Public Health and Environment's COVID‐19 website
Center for Disease Control and Prevention's COVID‐19 website
Notice and Disclaimer:
This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure
pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further,
the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions
contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The
opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance.
From: Chris Bendon <chris@bendonadams.com>
Sent: Monday, July 13, 2020 12:18 PM
To: Rachael Richards <rachael.richards@cityofaspen.com>; Skippy Mesirow <skippy.mesirow@gmail.com>; Ward
Hauenstein <ward.hauenstein@cityofaspen.com>; Torre <torre@cityofaspen.com>; Ann Mullins
<Ann.Mullins@cityofaspen.com>; Nicole Henning <nicole.henning@cityofaspen.com>
Cc: Phillip Supino <phillip.supino@cityofaspen.com>; Hailey Guglielmo <hailey.guglielmo@cityofaspen.com>; Trish
Aragon <Trish.Aragon@cityofaspen.com>; Jim True <jim.true@cityofaspen.com>; Andrea Bryan
<andrea.bryan@cityofaspen.com>; Jody Edwards <jee@kceclaw.com>
Subject: RE: 949 w. Smuggler
Hi Phil – I didn’t see our draft plat in the City Council packet or a discussion of our setback request on the Eastern
Lot. So, I’m providing it here so that it’s not a surprise to Council.
Best,
Chris
From: Chris Bendon
Sent: Monday, July 6, 2020 2:24 PM
To: Phillip Supino <phillip.supino@cityofaspen.com>; Hailey Guglielmo <hailey.guglielmo@cityofaspen.com>; Trish
Aragon <Trish.Aragon@cityofaspen.com>
Cc: Jim True <jim.true@cityofaspen.com>; Andrea Bryan <andrea.bryan@cityofaspen.com>; Jody Edwards
<jee@kceclaw.com>
Subject: RE: 949 w. Smuggler
Hi Phillip – Thanks for bringing clarity to the staff position on this. Resolution of the right‐of‐way through this lot split is
best for all involved. I spoke with all parties involved and we are ready to move forward.
We appreciate your timing flexibility on providing a revised plat. We expect Sopris to have an updated draft plat this by
the end of the week and we will get it to your team as soon as we can. I think this next version will be close but still
need a round of city comments before sigs. I asked Sopris to include dedication and acceptance certs for the right‐of‐
way. These will be in addition to the owner and approval certs. We’re fine with the suggested language from Engr on
the dedication language. The dedicated ROW will be 30‐feet wide. Jody will be drafting the easements to be referenced
on the plat. This will include a 10‐foot‐wide utility easement on the east side of the road and a 16‐foot wide pedestrian
+ utility easement on the west side of the road.
3
We are fine with the floor area not being in the ordinance/on the plat and tracking with regs at the time of
development. We will continue to request that the eastern lot be exempt from the combined sideyard requirement of R‐
6. It is impactful to Lot 1 and important to the applicant as a component of the overall proposal and the totality of the
issues being resolved. We understand staff’s position on this. Alternatively, a 10‐foot setback along the new boundary
line is equally acceptable.
We do have three new items for your consideration. I apologize for these being new, but I also think they are relatively
easy items.
New Items:
1. We request the utility easements ringing the properties, requested by City Engineering, not be greater than
zoning setbacks. The western lot looks to be fine. The eastern lot has a potential 10’ utility easement along the
alley where a garage could be 5’ off the alley according to current R‐6 zoning. The alley is 20 feet wide at this
point and we believe that width facilitates whatever public utility that needs to go through there.
2. We request language protecting the location of existing structures be in the Ordinance and on the plat. There’s
two shed buildings that are already non‐compliant with setbacks and we’d like to keep those. There’s also the
potential that the house would be too close to the new boundary. We think we’re about 19‐20 feet away, but it
could be closer. We are getting an updated plat with the structures shown to confirm. Proposed language for
your consideration – “Structures located on Lot 1 at the time of this lot split plat filing, consisting of a home and
two wooden shed structures, which may be in conflict with zoning setback requirements, may continue in their
placement for the life of each individual structure.” We know the placement cannot survive demolition of the
individual structure.
3. We request showing the existing structures on the lot split plat. Our previous drafts have not shown
improvements, as is standard practice. To the extent Council accepts our request to provide relief to existing
structures, it will be important to document them on the plat.
Happy to discuss these more as you and the City team needs. We look forward to your review and recommendation to
City Council.
Best,
Chris
From: Phillip Supino <phillip.supino@cityofaspen.com>
Sent: Thursday, July 2, 2020 3:43 PM
To: Chris Bendon <chris@bendonadams.com>; Hailey Guglielmo <hailey.guglielmo@cityofaspen.com>; Trish Aragon
<Trish.Aragon@cityofaspen.com>
Cc: Jim True <jim.true@cityofaspen.com>; Andrea Bryan <andrea.bryan@cityofaspen.com>
Subject: RE: 949 w. Smuggler
Chris – thanks for getting these materials to us. Our crew just finished discussing the proposal. We support the location
and extent of ROW dedication and easements as shown on the draft plat. We support the proposed building envelope
and related setbacks for the west lot.
We do not support varying any zoning requirements for the fathering (east) parcel, including elimination of the
combined side‐yard setback requirement. The AspenModern designation process does provide an opportunity to
consider such variations for the fathering parcel if the applicant is interesting in pursuing development parameters
outside of those permitted in underlying zoning. Our staff is happy to have that discussion following the conclusion of
this lot split process.
4
I appreciate the FAR analysis. FAR numbers for the lots will not be included on the plat or in the approval ordnance. In
accordance with our standard practice for development review, FAR will be calculated at the time a development
application is submitted.
Some comments from Engineering are attached. Additionally, Engineering requires that the easement language on the
plat read as follows: “Hereby Grant to the City of Aspen the non‐exclusive easement for public right of way.”
It is our hope that we can come to agreement on these details soon. In order to make packet for the 7/14 hearing, we
need responses to these items and an updated plat for review before the close of business on 7/7. Barring any further
discussions, I will do my best to complete the packet materials in that compressed timeline. Please let me know if you’d
like to discuss this further.
Cheers,
Phillip Supino, AICP | P4CA
Director
Community Development
130 S. Galena St.
Aspen, CO 81611
p: 970.429.2767
c: 970.319.0833
www.cityofaspen.com
www.aspencommunityvoice.com
To promote the health and safety of our staff and community and to minimize the spread of COVID‐19, Community Development staff are conducting business by
email and phone and are only available in person by appointment. Contact information for our entire staff and how best to get the services you need can be found on
our website: cityofaspen.com/177/Community‐Development. Thank you for your understanding.
The following resources have more information about public health, safety, and COVID‐19:
Pitkin County's COVID‐19 website
City of Aspen’s COVID‐19 website
Colorado Department of Public Health and Environment's COVID‐19 website
Center for Disease Control and Prevention's COVID‐19 website
Notice and Disclaimer:
This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure
pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further,
the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions
contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The
opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance.
From: Chris Bendon <chris@bendonadams.com>
Sent: Thursday, July 2, 2020 7:57 AM
To: Phillip Supino <phillip.supino@cityofaspen.com>; Hailey Guglielmo <hailey.guglielmo@cityofaspen.com>; Trish
Aragon <Trish.Aragon@cityofaspen.com>
Cc: Jim True <jim.true@cityofaspen.com>
Subject: RE: 949 w. Smuggler
5
Thanks for the response. I’m around if you have questions. Yes, relief on the combined setback on the fathering parcel is
included in our request. It’s impactful on both parcels. We can discuss it more once we know the entire response from
your team. Chris.
From: Phillip Supino <phillip.supino@cityofaspen.com>
Sent: Wednesday, July 1, 2020 6:10 PM
To: Chris Bendon <chris@bendonadams.com>; Hailey Guglielmo <hailey.guglielmo@cityofaspen.com>; Trish Aragon
<Trish.Aragon@cityofaspen.com>
Cc: Jim True <jim.true@cityofaspen.com>
Subject: RE: 949 w. Smuggler
Thanks Chris. I’ve been OOO. Eng. and I are going to review this tomorrow.
I am curious why eliminating the combined side yard requirement for the fathering parcel is part of the request.
Cheers,
Phillip Supino, AICP | P4CA
Director
Community Development
130 S. Galena St.
Aspen, CO 81611
p: 970.429.2767
c: 970.319.0833
www.cityofaspen.com
www.aspencommunityvoice.com
To promote the health and safety of our staff and community and to minimize the spread of COVID‐19, Community Development staff are conducting business by
email and phone and are only available in person by appointment. Contact information for our entire staff and how best to get the services you need can be found on
our website: cityofaspen.com/177/Community‐Development. Thank you for your understanding.
The following resources have more information about public health, safety, and COVID‐19:
Pitkin County's COVID‐19 website
City of Aspen’s COVID‐19 website
Colorado Department of Public Health and Environment's COVID‐19 website
Center for Disease Control and Prevention's COVID‐19 website
Notice and Disclaimer:
This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure
pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further,
the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions
contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The
opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance.
From: Chris Bendon <chris@bendonadams.com>
Sent: Tuesday, June 30, 2020 1:11 PM
To: Phillip Supino <phillip.supino@cityofaspen.com>; Hailey Guglielmo <hailey.guglielmo@cityofaspen.com>; Trish
Aragon <Trish.Aragon@cityofaspen.com>
6
Cc: Jim True <jim.true@cityofaspen.com>
Subject: 949 w. Smuggler
Hi Phillip – Checking in to see if you have any questions about the mapping we sent you last week on this
property. Happy to hop on a call and talk through it if you want. Thanks.
Cheers,
Chris Bendon, AICP
BendonAdams
970.925.2855
www.bendonadams.com
Rights of Way Line Table
Line #
L1
L2
L3
L4
L5
L6
L7
Direction
N15° 25' 38"E
N13° 38' 21"E
N17° 51' 16"E
N59° 52' 40"W
S17° 51' 16"W
S13° 38' 21"W
S15° 25' 38"W
Length
60.81'
59.02'
13.96'
25.84'
12.86'
58.39'
61.45'
Rights of Way Curve Table
Curve #
C1
C2
Length
59.51'
61.36'
Radius
65.00'
35.00'
Tangent
32.02'
42.05'
Delta
52°27'17"
100°27'11"
Chord Direction
N44° 04' 54"E
S68° 04' 51"W
Chord
57.45'
53.80'
“”
’
MEMORANDUM
TO:City Council
CC: James R. True
FROM: Pete Strecker, City Finance Director
DATE:July 14, 2020
RE:Isis Operations and Financing
_______
SUMMARY: Aspen Film is seeking input from the Council regarding a renewed
operational lease agreement with the current operator, Metropolitan / Rocky Mountain
Cinemas LLC, (Metropolitan) commencing June 21, 2020 through January 31, 2021
(roughly seven months).
BACKGROUND: The City facilitated the issuance of Certificates of Participation (COPs)
to finance the restoration of the Isis Building back in 2007. The City’s interest in this action
was to preserve a theater for the community; and at the same time, allow for some
affordable housing and retail space to be worked into the property. When this financing
was established, the lease payments from both the theater space and the retail spaces
were identified as the dedicated revenue sources to support the lease purchase
arrangement. Further, the Isis building spaces were condominimized to separate the
retail/affordable housing from the theater space, to define the assets pledged as collateral
to the original debt, and to allow for future acquisition flexibility.
Tenants within both spaces had lease terms such that at the end of the debt repayment
period, both tenants would be able to purchase their condominimized spaces for $10.00.
If either or both tenants wished (any time subsequent to when first possible call date was
achieved – 10 years after the initial financing was established), they could also exercise
an earlier purchase opportunity, with the purchase price equal to the remaining debt
obligation at the time, plus any accrued interest. The retail space was recently sold under
this early purchase option, and presently only the theater spaces remain under the initial
lease agreement.
With the impact from public health orders and COVID on the local economy, since mid-
March there has been a complete closure of the Isis theaters and Metropolitan has not
made monthly operating payments due under the previous operating agreement that has
now expired. Without this income from Metropolitan, Aspen Film has similarly not
maintained its monthly lease payments to the City since April. Including July invoicing,
the outstanding balance due to the City is $62,597.68 (without any penalties or interest
charges).
93
DISCUSSION:While the lease payments from Aspen Film are the identified revenues to
support the outstanding debt, the City is in a position where it is the guarantor on the 2007
Certificates of Participation. As such and in order to protect the City’s AAA credit rating,
the City has a significant motivation to ensure that the $2,030,000 principal balance is
addressed such that there is no default on this outstanding debt.
With the newly proposed operating agreement from Metropolitan / Rocky Mountain
Cinemas, there is no guarantee – and in fact, it is unlikely – that monthly payments will
cover the current debt repayment schedule (equal to $15,649.42/month). This should be
kept in mind as the next principal and interest payment of $129,488 is due on September
1, 2020 under the current debt schedule.
The new terms specify that Aspen Film will be paid the sum of 15% of monthly admissions
plus food and beverage sales for the next seven months. These forward looking terms,
plus requested renegotiated monthly payments due under the previously expired
operating agreement for April, May and June wherein April rent is completely forgiven,
and May and June rent is paid over a six month period (all CAM charges would be paid
for these three months over the same six month period).
REQUEST: Aspen Film is requesting input from the Aspen Public Facilities Board to gain
an understanding of support for the proposed operating agreement. The Board should
know that the operating agreement is not directly linked to the outstanding debt as that
agreement is between the City and Aspen Film; thus, Aspen Film is the party that is
responsible for monthly lease payments and not Metropolitan.
OPTIONS: Currently, there are two additional options to consider when looking at the
outstanding debt obligation for the theater space and how this operating agreement works
into the current situation. Note that these options are not mutually exclusive:
Option one is to look at a possible subdivision and sale of the street level spaces
within this condominium space to an outside party. This sale would likely generate
proceeds sufficient to pay the outstanding debt and would leave the remaining
below grade theater spaces for Aspen Film to operate. This option was considered
in 2007, when the Isis building was originally re-developed and had Council
support at that time. This option was not exercised at that time and has expired.
Conversion of any portion of this property to retail commercial use would be a
change-in-use that would need to be approved through an appropriate land use
process.
Option two would be to refinance the debt under a direct placement bank loan
arrangement and restructure the principal payments such that the near-term
principal (and possibly interest) due in 2020 be delayed to allow for more time to
negotiate and for improved economic environments to operate. The City’s Finance
Director already has one viable bank bid for this option. The initial proposal
included an additional $80K for improvements to the building which could be cut
from the proposal, but as presented currently, this refinancing would reduce debt
94
service payments to zero in 2020 and reduce 2021 payments by roughly another
$100K to allow for time during this difficult cashflow period for Aspen Film. This
restructuring is estimated to save roughly $414,000 on a net present value basis
as well, due to a significantly reduced interest rate and a two year shortening of
the remaining term on the debt.
FINANCIAL/BUDGET IMPACTS: The operating agreement by itself does not have a
financial impact. However, if the Metropolitan payments create a shortfall in the obligation
of Aspen Film to cover the debt, this shortfall may have to be borne by the City’s General
Fund as this is the only source of discretionary resources within the City budget – and
this would likely require cuts to other General Fund operations as a result.
95
Page 1 of 4
MEMORANDUM
TO:Mayor and City Council
FROM:Tyler Christoff, Director of Utilities
THRU:Jim True, City Attorney
DATE OF MEMO: July 13, 2020
MEETING DATE: July 14, 2020
RE:Resolution # (Series of 2020) Stage One Water Shortage
REQUEST OF COUNCIL: City Council is requested to consider adoption of Resolution #
(Series of 2020) declaring that Stage One water shortage conditions exist in Aspen, Colorado.
PREVIOUS COUNCIL ACTION:The City adopted its water shortage policy through an
Ordinance of the Municipal Code. The Water Shortage Ordinance (Chapter 25.28) was originally
developed in the 1980’s. This Ordinance has been amended periodically to update definitions,
water reduction targets and violations.
Council has enacted the Water Shortage Ordinance twice since adoption. Council declared a
Stage I drought in both 2002 and 2012. As part of this declaration, temporary water rates were
enacted.
BACKGROUND:Aspen’s municipal water supply comes primarily from Castle and Maroon
Creeks. Unlike many community supplies, the Aspen water system has very little water storage,
relying primarily on direct streamflow. This system does not allow the controlled release of water
to match water demand. Instead, it depends on the consistent release of water from snowmelt.
During drier than normal years, runoff conditions may not match the timing of the City’s typical
demands and reductions in typical water usage may be necessary. During these conditions, the
City’s water policy enables Council to enact its Water Shortage Ordinance by selecting an
appropriate water shortage stage.
DISCUSSION:The Water Shortage Ordinance in Section 25.28.010 sets forth the process for
finding of a water shortage. A finding of water shortage is made by a City Council Resolution,
which will declare the appropriate Stage. Further, Section 25.28.010(c) states, “The duration of
each stage and the restrictions to be imposed shall be decided by the City Council and included in
the resolution finding the water shortage, according to the exigencies of the particular situation in
question.”
Current Drought Conditions
96
Page 2 of 4
Colorado State Drought Plan Activation: On June 24, 2020 Governor Jared Polis
requested activation of Colorado’s Drought and Agricultural Impact Task Forces and
Phase 2 of the State Drought Mitigation and Response Plan (“State Drought Plan”).
These actions occur as drought conditions deepen, reaching more than 81% of the state,
with severe and extreme drought conditions in 33% of the state (40 counties). Pitkin,
Eagle, Garfield, Gunnison, and Mesa Counties have been included in the counties being
assessed for initial damage to agriculture and recommended mitigation measures.
Drought Indicators:As of May 19, 2020, the US Drought Monitor elevated Aspen and
portions of Pitkin County from abnormally dry (D0) to moderate drought conditions
(D1) county wide. Currently the western portion of the county has been elevated to
severe drought (D2). In addition to above normal temperatures, below normal
precipitation, and high winds the Aspen area entered Spring 2020 with below average
soil moisture. Drier soils will infiltrate snowmelt runoff, reducing the amount reaching
the streams. Aspen (denoted by a star in Figure 1) is experiencing worsening drought
conditions which have been moving northward for the last several months. Staff
continuously monitors and analyzes drought indicators focusing on local conditions
while aligning local water conservation efforts to State and regional actions.
Figure 1 US Drought Monitor: Colorado 4-21-2020 and 7-9-2020 (released)
97
Page 3 of 4
Figure 2 Three-month precipitation and temperature outlook (July, August,
September)
Declaration of Stage One Water Shortage
The Water Shortage Ordinance provides for escalating restrictions based on the Stage of drought
observed. A Stage One Water Shortage is designed to incur a 10% reduction in water use.
Restrictions are voluntary for customers. Public facilities are directed to implement water use
restriction for public parks, golf courses and other public uses, such as street washing.
Stage One Water Shortage Temporary Rates
In order to encourage a 10% reduction in water use, the City Manager may implement temporary
rates. Staff recommends that surcharges be added to Tier 3 and Tier 4 water rates to encourage
efficient use of water for large water users. These proposed temporary surcharges are shown in
Table 1, below.
Table 1: Proposed Stage One Water Shortage Surcharges
Billing Tier Proposed Stage One Water Shortage % Surcharge
Tier 1 0%
Tier 2 0%
Tier 3 25%
Tier 4 50%
FINANCIAL/BUDGET IMPACTS:If watering restrictions are implemented revenue
projections are expected to decline; however, these could be offset to some extent by higher rate
structures for Tier 3 and Tier 4 for metered water customers and a higher demand rate for
98
Page 4 of 4
unmetered water users for whom meters are not feasible. (Unmetered users will pay a higher rate
upon determination of a shortage).
ENVIRONMENTAL IMPACTS: Without a city-wide reduction in typical water usage,
agricultural activities, recreational activities and fish and wildlife habitat along the Roaring Fork
and Colorado Rivers will be more negatively impacted than if there was a reduction in typical
water usage. Public safety concerns resulting in increased fire and flood hazards, as well as
negative economic impacts due to decreased tourism, are also expected to occur if drought
conditions persist.
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A:Resolution # (Series of 2020)
99
RESOLUTION #061
(Series of 2020)
A RESOLUTION DECLARING THAT A STAGE ONE WATER SHORTAGE
CONDITION EXISTS IN ASPEN, COLORADO, AND SETTING FORTH
WATER USE CONTROLS TO REMAIN IN EFFECT DURING THIS
CONDITION AND AUTHORIZING THE CITY MANAGER TO IMPLEMENT
ADMINSTRATIVE ORDERS TO LIMIT WATER USE IN CITY FACILITIES.
WHEREAS, Pitkin County is currently experiencing “moderate” and
“severe” drought conditions as determined by the U.S. Drought Monitor; and
WHEREAS, the National Weather Service forecasts that water supply in the
Roaring Fork Watershed this runoff season will be 30-70% of average; and
WHEREAS, the City of Aspen has established procedures to guard against
potential shortages in its water supplies pursuant to Municipal Code Section
25.28.020; and
WHEREAS, the City of Aspen wishes to encourage its residents and water
customers to conserve available water supplies through temporary adjustment in
water rates.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby declares that a Stage One
water shortage condition exists in the City of Aspen, Colorado. It is further
resolved by the City Council that the temporary water rates contained in Section
25.28.40 of the Municipal Code will be in effect for the duration of the water
shortage declaration.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 14th day of July 2020.
Torre, Mayor
100
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held, July 14, 2020.
Nicole Henning, City Clerk
101