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HomeMy WebLinkAboutagenda.apz.20080826AGENDA ASPEN PLANNING AND ZONING COMMISSION SPECIAL MEETING TUESDAY, August 26, 2008 4:30 p.m. -Public Hearing SISTER CITIES, CITY HALL I. ROLL CALL II. COMMENTS A. Commissioners B. Planning Staff C. Public III. MINUTES IV. DECLARATION OF CONFLICT OF INTEREST V. PUBLIC HEARINGS: A. Lift One Master Plan B. ZG Master Plan VI. OTHER BUSINESS VII. BOARD REPORTS VIII. ADJOURN AGENDA ASPEN PLANNING AND ZONING COMMISSION SPECIAL MEETING TUESDAY, August 26, 2008 4:30 p.m. -Public Hearing SISTER CITIES, CITY HALL I. ROLL CALL IL COMMENTS A. Commissioners B. Planning Staff C. Public III. MINUTES ~~~~~~~ IV. DECLARATION OF CONFLICT OF INTEREST V. PUBLIC IIEARINGS: VI. OTHER BUSINESS A. Lift 1 Master Plan B. ZG Master Plan VII. BOARD REPORTS VIII. ADJOURN ~.,~ ~ ~ ~ ~~ ar .~ ~_~ r~ ^ 1e 9 ~~~t ~ ~ y..* .q' ~~ ~~ ~ r~ J ~I ~` 4' w w t ,,.~~ ,~ ^~ •~ ~- .. ^ ~~.. ,,~ ;~ r f ~. ~a ~,~,.~ ~, ,, r ~~ .. ~ ~ ~' ~~i ,~ ~. N id ;i ~' ~. ' V J ~ ~~, ~ ~ l:. i , 1~~'~~R. ~~ ,,~~ JJ'' ~ .1I~~ ~ ~i .• ~' ~~ .~ ti ~~. ~ , ~~ ~ _# 4 ( i~ ,* Y1~ ~~ ~~t~~,,' '.. i .4 1! y` ~~ ~` ~~ ryl'R ~~` M1, 1 ~ "~i i ~ ~. ~x "ii ~ ~ ~,: 'r k y{ '-7.t. i ~~ ;~~ '7 ~,. ~ ~ ~ t ~ ~. l t,~ e t ~'' . 1 ..r~' ~ MEMORANDUM ~~~ , TO: Aspen Planning and Zoning Commission FROM: Chris Bendon, Community Development Director RE: Lift One Neighborhood Master Plan Planning and Zoning Commission Review -Public Hearing DATE: August 26, 2008 SUMMARY: City Council initiated the Lift One Neighborhood Master Plan COWOP review through the adoption of Resolution No. 13, Series of 2008. Reso. 13 is attached as Exhibit A. The master plan includes lands owned or managed by four entities -the City of Aspen, Aspen Land Fund II (Centurion Partners), Roaring Fork Mountain Lodge -Aspen, and the Aspen Skiing Company. A 27-member Master Plan Task Force was established and has met every Thursday since April lOt~' and is expected to make a final recommendation by the end of September. The Task Force roster is included as Exhibit B. Along with the Task Force recommendation, arecommendation on the master plan by the P&Z is a necessary step in the process for this project. The Planning and Zoning Commission is represented on the Task Force by Commissioner Cliff Weiss. The Task Force has not completed its review and there is not one single plan to be considered by the Commission at this point. As the Task Force moves forward, the application will be supplemented for the Commission's review. Staff has scheduled P&Z's review parallel with the Task Force work so that the two entities can inform each other. This same strategy is being used for the Historic Preservation Commission's review of this project. In order for the Planning and Zoning Commission to make its recommendation on the master plan, several meetings have been scheduled for the hearing. The proposed schedule is as follows: • August 26th -Project background, orientation • September 2°`~ -Additional background as needed, project updates, discussion • September 16t" -project updates, discussion • September 23`d -project updates, discussion, draft recommendation • October 7th -project updates, discussion, final recommendation All meetings should be public hearings, continued from tonight's meeting. Staff recommends this first meeting focus on orientation to the project and a summary of the planning to date. After discussion, staff recommends the public hearing be continued to September 2, 2008. August 26th P&Z meeting Page 1 COWOP REVIEW PROCESS: The City's Land Use Code includes a process for review project which are "reasonable necessary for the Convenience or Welfare of the Public." The provision is loosely based on State Statutes which prohibit statutory cities from reviewing city projects or projects with a significant public interest. These projects cannot go through the standard review process in statutory cities. (The City of Aspen is a home rule city.) The purpose of a COWOP review is to provide a more flexible, coordinated, and participatory process for determining an appropriate development plan for a particular area or topic. Examples of projects that have gone through COWOP review are Burlingame, Obermeyer Place, The Fire Station, the Visitor Center, and the Recycling Center. (The last two projects listed were denied via referendum votes.) In this case, the Lift One Neighborhood includes City lands and public rights-of--way which establish a public interest. Moreover, the importance to the Aspen community of effective access to lift-served skiing on Aspen Mountain, adequate lodging facilities, affordable housing, improved vehicular, pedestrian and emergency vehicle access, the potential development of public parking, the preservation of important local and national historic resources, the development of non-traditional energy sources such as ground source energy system, public recreational facilities, a museum focused on the evolution of skiing in Aspen, and a unified approach to managing construction impacts and ongoing maintenance and operations of the area's infrastructure all establish a significant community interest in the planning for this area of town. At the conclusion of the Task Force process, City Council is presented with a recommendation and an ordinance that enables the recommendation to be realized. Along with the Task Force recommendation, arecommendation for the Planning and Zoning Commission is necessary. Changes to historic resources within the project are subject to historic review and a series of public hearings are underway with the HPC. MEETING 1vUMBER 1<: The first meeting on this master plan will be focused on orientation. Staff will review the background of the project, the properties, the constitution and process of the task force and the progress to date. The remainder of the meeting will be reserved for discussion. A memo and drawing packet is attached that details some of the concepts to date. A second drawing packet includes some 3-D images and more details on three concepts. APPLICANTS: 1. Aspen Land Fund II, LLC (Centurion Partners). Represented by John Sarpa. 2. Roaring Fork Mountain Lodge -Aspen, LLC. Represented by Robert Daniel. 3. Aspen Skiing Company. Represented by David Bellack 4. The City of Aspen. August 26t~' P&Z meeting Page 2 RECOMMENDATION: Staff recommends this first meeting focus on orientation to the project and a summary of the planning to date. After discussion, staff recommends the public hearing be continued to September 2, 2008. RECOMMENDED MOTION: "I move to continue the public hearing for the Lift One Neighborhood Master Plan to September 2, 2008." ATTACHMENTS: A. City Council Resolution No. 13, Series of 2008. B. Task Force Membership. C. Master Plan Goals adopted May 22, 2008. D. Project Binder attached by reference to this memorandum. Documentation of the entire process is contained in a project binder which is on file with the Community Development Department. Please contact staff if you would like to review the binder or have copies made of specific sections. E. Project Web Site attached by reference to this memorandum. This site contains a history of the master planning process and other useful information. httpa/www~.aspenpitkin.com/depts/41 /liftoneMP.cfm Please contact staff if you need assistance accessing the web site. F. August 4, 2008, memo from joint parties and drawing packet. G. August 14, 2008, drawing packet. August 26th P&Z meeting Page 3 RESOLUTION N0. 13 (SERIES OF 2008) ~~b~ ~ ~i FF au mgzbr-~ A RESOLUTION OF THE ASPEN CITY COUNCIL DETERMINING THE "LIFT ONE NEIGHBORHOOD MASTER PLAN" ELIGIBLE AS A PROJECT REASONABLY NECESSARY FOR THE CONVENIENCE AND WELFARE OF THE PUBLIC (COWOP} ON PROPERTY LOCATED ON BOTH SIDES OF SOUTH ASPEN STREET SOUTH OF DEAN STREET OWNED BY THE CITY OF ASPEN, THE ASPEN SKIING COMPANY, ASPEN LAND FUND II (AKA CENTURION PARTNERS), AND ROARING FORK MOUNTAIN LODGE - ASPEN ALL WITHIN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received a completed application from Aspen Land Fund II, also known as Centurion Partners, LLC; Roaring Fork Mountain Lodge -Aspen; the Aspen Skiing Company; and, the Aspen City Manager, for a determination of eligibility for a project, known as the Lift One Neighborhood Master Plan, reasonably necessary for the convenience and welfare of the public (COWOP) for a redevelopment of lands, owned by the above mentioned parties, for the purpose of providing or improving the provision of lift-served skiing access to Aspen Mountain, pedestrian, vehicular and emergency vehicle access to properties along South Aspen Street, non-traditional energy sources such as ground source energy system, recreational facilities, a museum focused on the evolution of skiing in Aspen, public parking, and commercial, lodging, free-market residential, and affordable residential land uses; and, WHEREAS, the City of Aspen manages public right-of--way in the planning area including Hill Street, Summit Street, Gilbert Street, the alley within Block 10 of the Eames Addition, South Aspen Street, Juan Street, and Dean Street and owns certain public land known locally as Willoughby Park and Lift One Park; and, WHEREAS, the legal descriptions of the lands subject to this review are attached as Exhibit A and are generally described as lands on both sides of South Aspen Street south of Dean Street, excluding the Shadow Mountain Townhomes; and, WHEREAS, changing the disposition of certain city-owned lands within the project area may require a public vote; and, WHEREAS, pursuant to Section 26.500.050 of the Land Use Code, the City Council may make a determination whether a proposed development is reasonably necessary for the convenience and welfare of the public by applying the standards of Section 26.500.040 during a duly noticed public hearing after taking and considering comments from the general public, and a recommendation from the Community Development Director; and, WHEREAS, the Community Development Director determined that the Lift One Aspen City Council Resolution No. 13, Series of 2008 COWOP 1~ligibility for Lift One Neighborhood Master Plan -Page 1 Neighborhood Master Plan may be eligible for consideration as a project reasonably necessary for the convenience or welfare of the public, and notified in writing the Planning and Zoning Commission, the Historic Preservation Commission, and the Aspen/Pitkin County Housing Authority the date of the public hearing before the City Council at which time a determination is to be made concerning eligibility of the proposed development; and, WHEREAS, the Aspen City Council has reviewed and considered the Lift One Neighborhood Master Plan eligibility proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds the Standards for Determination, Section 26.500.040, for the following reasons: 1. The Master Plan could provide enhanced access to lift-served skiing on Aspen Mountain, lodging facilities that meet the needs of the of the community, affordable housing units that serve the needs of the community, improved vehicular, pedestrian and emergency vehicle access, the development of public parking, the preservation of important local and national historic resources, the development of non-traditional energy sources such as ground source energy system, recreational facilities, a museum focused on the evolution of skiing in Aspen, and a unified approach to managing construction impacts and ongoing maintenance and operations of the area's infrastructure. 2. Preserving and enhancing short-term lodging facilities, providing adequate emergency services and access, the provision of effective access to lift-served skiing, housing the workforce, and energy efficiency are stated community goals that could be addressed through master planning of this area. 3. Portions of the subject area are owned by the City of Aspen and a Master Plan could permit an advantageous disposition of those properties; 4. Portions of the subject area are managed by the City of Aspen as rights-of--way and a Master Plan could permit an advantageous disposition of those properties; 5. The bifurcated ownership of the subject area and independent projects in various stages of entitlement may result in an ad-hoc development pattern while a master planning process using an interactive and multidisciplinary approach with a diverse COWOP task team, including neighbors of the project and persons with special interest in the property and its development will lend itself to the type of open dialogue needed to determine a cohesive future vision for the neighborhood; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. Aspen City Council Resolution No. 13, Series of 2008 COWOP Eligibility for Lift One Neighborhood Master Plan -Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1 -Eligibility Pursuant to Section 26.500.040 of the Land Use Code, the Lift One Neighborhood Master Plan, as described herein, is determined to be eligible development necessary for the Convenience and Welfare of the Public. Section 2 -Procedure and Standards Pursuant to Section 26.500.050(B)(b), the procedure and standards for review of the project shall be: Process: 1. Task Force Team convenes and establishes its role, meeting schedule, meeting procedural protocol and meeting rules for the conduct of business of the Lift One Neighborhood Master Plan COWOP Task Force Team. 2. Task Force Team Chair and Staff shall be the City's Director of Community Development who may designate a meeting facilitator or other personnel or contractors as needed. 3. Property owners shall represent themselves or designate a representative. 4. Task Force Team shall develop the Master Plan (quantitative elements and broad urban design elements, including the contextual relationship of the project to surrounding properties). 5. Community Development and Interdepartmental Technical Staff Review. 6. Task Force Team and Staff provide recommendations to City Council. 7. Formal final approval decision shall be the responsibility of City Council and shall require adoption of an Ordinance. City Council may, by resolution, determine the project no longer qualifies for the COWOP process, at any time, and discontinue the COWOP Task Force Team. Standards: 1. Section 26.445.050, Review Standards: Planned Unit Development. 2. Section 26.310, Amendments to the Land Use Code and Official Zone District Map. 3. Section 26.415, Development Involving Historic Resources. Any development affecting a historic resource shall be required to comply with this section, beyond any decision reached in the COWOP review. 4. Section 26.470, Growth Management, to the extent determined necessary during project review. It is expected that commercial, lodging, affordable housing, and free- market housing allotments will not require an additional review beyond the COWOP review. 5. Section 26.480, Subdivision, if determined to be necessary during project development and review. 6. Technical design standards of utility providers shall be considered and the COWOP decision shall not supercede any non-city utility provider. 7. The Aspen Area Community Plan shall be considered a policy guide and the final recommendation shall include an analysis of conformance with this adopted plan. Aspen City Council Resolution No. 13, Series of 2008 COWOP Eligibility for Lift One Neighborhood Master Plan -Page 3 Section 3 - COWOP Task Force Team Members Pursuant to Section 26.500.050(B)(c), the Task Force Team to review the development proposal shall include representatives from the following: • Task Force Team Chair -Chris Bendon, Community Development Director (nan- vating) • Planning Staff - as assigned by the Community Development Director (non- voting) • City Council Members (2) - to be determined • Planning and Zoning Commission member - to be determined • Historic Preservation Commission member - to be determined • Centurion Partners, LLC -John Sarpa • Roaring Fork Mountain Lodge -Aspen, LLC -Bob Daniel • Aspen Skiing Company -Dave Bellack • Five to seven neighbors to include atleast: o One neighbor to the South - to be determined o One neighbor to the North - to be determined o One neighbor to the West - to be determined o Two neighbors to the East - to be determined • Aspen Historic Society -Georgia Hansen • Aspen Valley Ski Club -Jeff Kai • Five to seven Citizens at-large - to be determined It is acknowledged through this resolution that it will be beneficial for many interested parties beyond those identified in the above noted list to be involved in the COWOP process and that the opportunity for involvement is created through this process. Additional interested parties will be able to attend all meeting of the COWOP Task Force Team and may be provided with email notice of meeting schedules at their request. All meetings of the Task Force Team will be conducted in public hearings. It is also acknowledged through this resolution that numerous City Departments, other governmental or district agencies and consultants will provide technical assistance and analysis as determined to be necessary and/or as required. Section 4 -Proposed Timeframe Pursuant to Section 26.500.050(B)(d), the proposed timeframe for the procedures to be used to review the proposed development are anticipated to be completed within approximately eight (8) months from the date of this resolution. The following schedule is an estimated timeline and is subject to change: Aspen City Council Resolution No. 13, Series of 2008 COWOP 1~ligibility for Lift One Neighborhood Master Plan -Page 4 March Finalize COWOP Task Force Membership April -May Task Force Meetings. Introductions, site visit, process overview, project overview, goals and objectives. Check-ins as needed with HPC and P&Z. Check-in or hearing with Council to review goals. May -June Task Force Meetings. Identification of physical, regulatory and economic constraints with input from technical advisors on nature of constraints. A third party briefing of financial assumptions and assertions will be needed. Identification of constraints that can be overcome and constraints that must be observed. Check-ins as needed with HPC and P&Z. Check-in or hearing with Council to review constraints. June -Aug. Multiple Task Force Meetings to consider balance of goals and constraints, project program, and potential site plans (uses, access, intensities, and massing). Design charrettes (longer sessions) may be used. Check-ins as needed with HPC and P&Z. A third party analysis of financial assumption and assertions will be needed. Hearing(s) with Council to review balance of goals and constraints and preferred site plan and program. Aug. -Sept. Multiple Task Force Meetings to consider conceptual architecture and more-refined site planning issues. Review proposed development agreement and construction management plan. Check-ins as needed with HPC, P&Z, and City Council. September Finalize Task Force recommendation. Sept. -Oct. Public Hearings for Master Plan adoption with HPC, P&Z, and City Council. Section 5 -Components of the Master Plan and Adoption At a minimum, the Master Plan adopted pursuant to this process shall include: 1. A description and depiction of allowable development on each property, including allowable height, area, bulk, density, uses, operating characteristics, and unit ownership structure. 2. A description and depiction of conceptual architecture, character, materials, and fenestration. The Master Plan should describe the specificity upon which conceptual architecture may be amended and the process of amendment. 3. A description and depiction of the rights-of--way to be vacated, upgraded, or otherwise affected including encroachments therein. Aspen City Council Resolution No. 13, Series of 2008 COWOP Eligibility for Lift One Neighborhood Master Plan -Page 5 4. A description of the amount and method(s) of affordable housing and other development impact mitigation requirements that must be provided. 5. A description and allocation of responsibility for the development and maintenance of neighborhood and shared infrastructure and community benefits (e.g., the Town Lift and new ski terrain, road improvements, and public parking). 6. A description of the timing, phasing, and management of construction activity. As necessary, the construction management plan shall contemplate the individual property owners proceeding separately, provided that such development is consistent with the Master Plan and that the shared obligations and construction management requirements are satisfied. The Community Development Director shall present the findings and recommendations of the Task Force to City Council during a public hearing and shall provide an analysis for the proposal and the standards of review identified herein along with a proposed Ordinance(s) that implements and entitles the Master Plan. The proposed Ordinance(s) shall provide final approval of the necessary land use reviews and shall cause issuance of a Development Order(s), subject to any detailed design, engineering, documentation and platting recordation requirements applicable to each development site and any final reviews that may be required in connection therewith, with the understanding that all such final reviews shall be ministerial in nature excepting any required final review by the Historic Preservation Commission. The Ordinance adopting the Master Plan shall describe and implement the necessary reductions in Growth Management Allocations to accommodate the build-out of the Master Plan. Section 6 -City's Timely Processing and Review The City Council shall allocate meeting times and resources of the City and necessary and reasonable for the timely processing, review, and guidance of the master planning COWOP process. Section 7 -Historic Preservation Commission Review This Resolution does not exempt the subject properties from the procedures and requirements of Section 26.415, Development Involving Historic Resources. Both Conceptual and Final Review approval shall be necessary for properties designated Historic Landmarks regardless of the direction or disposition of the Mater Plan. Roaring Fork Mountain Lodge -Aspen, LLC, shall process such applications to the Historic Preservation Commission as may be required for its project concurrent with the Master Planning COWOP Process. Section 8 -Cost Sharing There shall be established a cost sharing agreement that shall identify and proportionately allocate joint costs of the master planning process to the parties involved. Costs associated with individual employees and/or consultants of the parties shall be the responsibility of the particular party. The City shall not assess land use review fees for Aspen City Council Resolution No. 13, Series of 2008 COWOP Eligibility for Lift One Neighborhood Master Plan -Page 6 this master planning process. Section 9 -Economic Analysis There shall be retained a financial consultant with expertise in the economic viability of ski area or resort real estate development. The consultant shall be independent and shall be subject to approval of both the City Council and land owners. The City of Aspen, Centurion Partners, Aspen Skiing Company and Roaring Fork Mountain Lodge -Aspen, LLC, shall provide information relating to the financial viability of the Master Plan and their respective components to the satisfaction of the economic consultant. Such information shall be provided to the independent financial advisor only, in strict confidence, and shall not be shared with other participants, the Task Force, the public, the City Council, staff of the City or anyone else without the express written consent of the party providing such information. The financial advisor shall be entitled to provide participants and the City Council with his/her conclusions and opinions regarding financial viability based upon the information provided as long as the information itself remains confidential. ~ecuon lu - ivia~~Cr riaiuii~iK r ~ v.:G~~ ^^ia~ uc ~ ~, i,,,-ia~a.u The master planning COWOP process may be terminated by the City Council, Centurion Partners, the Aspen Skiing Company, or the Roaring Fork Mountain Lodge -Aspen, LLC. Termination shall be preceded by a meeting between the City Manager, the Community Development Director, and representatives of the three private property owners. Potential reasons to terminate the planning process include failure to keep to a reasonable schedule, an inability to agree on physical, regulatory or economic constraints, or a fundamental disagreement regarding the direction of the plan. The process may be terminated for any reason, including no reason. Section 11 - Townhomes Proiect on hold City Council Ordinance No. 32, Series of 2003, granted approval for a development on the Centurion properties known as the "townhomes project" on land owned by Centurion Partners, LLC. City Council Resolution No. 9, Series of 2008, extended the statutory vested rights for the townhomes project through July 28, 2009. If Centurion requests, the Chief Building Official shall discontinue review of the building permit and consider the permit dormant with respect to Section 105.3.2., Time limitation of application, of the 2003 International Building Code. Centurion shall have the right to reactivate the building permit application at any time prior to July 28, 2009. The townhome approvals embodied in Ordinance No. 32, Series of 2003, and all building permits and applications and vested rights associated therewith, shall be exempt from Section 26.304.030(F) ("No Multiple Applications") of the Land Use Code, and shall not be otherwise adversely affected or impaired in any way by the involvement of the Centurion Partners property in this master planning COWOP process. Finally, Centurion Aspen City Council Resolution No. 13, Series of 2008 COWOP Eligibility for Lift One Neighborhood Master Plan -Page 7 Partners' participation in the COWOP Process shall be exempt from Section 26.304.060(F) (Resubmittal of a Previously Denied Application) of the Land Use Code. Section 12 -Lift One Lode Application on hold The proceedings for the pending Application for Lift One Lodge, which includes land owned by the Aspen Skiing Company, the City of Aspen, and Roaring Fork Mountain Lodge -Aspen, LLC shall be suspended for all intents and purposes during the time of the master planning COWOP process. For the purposes Section 26.304.070(F) of the Land Use Code, the application shall continue to be considered "active" and any and all deadlines or expiration dates associated with the Lift One Lodge Application will be tolled until processing is resumed. All previously obtained consents and all previously obtained approvals or recommendations of approval, in particular the approvals of the Planning and Zoning Commission and Historic Preservation Commission, shall remain in effect. Upon reactivation of the Lift One Lodge Application, the application will continue to be processed and considered pursuant to the City's Land Use Regulations in place on the date that the .Application to the Historic Preservation Commission was deemed complete in March of 2006. Section 13 -Holland House Redevelopment Credits The time period for utilization of replacement credits for employees, lodging, and any other pertinent matter related to the Holland House Lodge, following its demolition, pursuant to the pending application for a demolition permit, is hereby extended to the later of: 1. 24 months after final approval, denial or withdrawal of the current application for Lift One Lodge, or 2. 24 months after final approval, denial or withdrawal of a new application for all or some of the properties described in the current Lift One Lodge application; or, 3. 24 months after approval of a final application for development of the Lift One Lodge site pursuant to the Master Planning COWOP Process, whichever is later. Section 14 -Historic Designations The City shall not initiate a process to designate the Skiers Chalet Lodge or any other structure located within the Master Planning Area as historic resources as long as the Master Planning COWOP Process is active. The Master Planning process may recommend designation of historic resources. JGIUV-~ iJ - 1 cul~JVl as r A11V1 YLl tirl-~ LaV aau ia. F, v --Y~ ~+ -- The Skiers Chalet Lodge and Skiers Chalet Steakhouse may be utilized as housing for working residents during the pendency of the Master Planning COWOP Process. A temporary deed restriction or agreement regarding the affordability of the units and compliance with the Aspen/Pitkin County Housing Authority shall be approved by the City Attorney prior to such buildings being occupied as affordable housing. A Building Permit and improvements may be necessary prior to occupancy. The temporary use as Aspen City Council Resolution No. 13, Series of 2008 COWOP Eligibility for Lift One Neighborhood Master Plan -Page 8 affordable housing shall not effect achange-in-use and the properties shall not be subject to the City's Housing Replacement Program. In addition, lodging and employee credits associated with the Skier Chalet Lodge will remain in effect while it is used for affordable housing. FINALLY, adopted, passed and approved this 25`h day of February, 2008. Attest: / ! r~.. ~ g ~~~~~ ~~. Kathryn S. K h, City Clerk Michael C. Ir and, Mayo . Approved as to form: Jo ~ orce ter, City Attorney Exhibit A -Legal descriptions of land subject to Master Planning Review. Aspen City Council Resolution No. ] 3, Series of 2008 COWOP Eligibility for Lift One Neighborhood Master Plan -Page 9 Exhibit A to City Council Resolution No. 13, Series of 2008. A. Property of Aspen Land Fund II, LLC PARCEL 1 Block 6, EAMES ADDITION TO THE CITY AND TOWNSITE Of= ASPEN, more particularly described as follows: Beginning ai a point which is the intersection of the Easterly right of way line of Garmisch Street and the Southerly right of way line of Dean Avenue, from whence the Northeast Comer of Section 13, Township 10 South, Range 85 West of the 6th P.M., bears N 53°20'28" East 814.56 feet; thence along the Southerly right of way line of Dean Avenue S 75°09'11" E 330 feet to the Westerly right of way line of Aspen Street; thence along said right of way line of Aspen Street S 14°50'49" W 130 feet to the Northerly right of way line of Juan Street; thence along said right of way line of Juan Street N 75°09'11" W 330 Feet to the Easterly right of way line of Garmisch Street; thence along said right of way line of Garmisch Street N 14°50'49" E 130 feet to the point of beginning. EXCEPTING therefrom: The portion described in Book 232 at Page 362 The above parcel is also described as follows: Beginning at a point which is the intersection of the Easterly right-of-way line of Garmisch Street and tt,e Southerly right-of-way line of Dean Avenue, from whence the Northeast corner of Section 13, Township 10 South, Range B5 West of the Sixth Principal Meridian bears N 53°20'28" E 814.56 Feet, more or less; thence along the Southerly right-of-way line of Dean Avenue S 75°09'11" E 330 fee, more or less, to the Westerly right-of-way line of Aspen Street; thence along said right-of-way line of Aspen Street S 14°50'49" W f 30 feet, more or less to the Northerly right-of-way line of Juan Street; thence along said right-of-way tine of Juan Street N 75°09'11" W 298.20 feet, to the Southeasterly comer of that parcel of land described in Book 232 at Page 362; Shence N 40°21'11" W along the Northeasterly line of said parcel, a distance of 38.73 feet to the Northeasterly right-of-way line of Garmisch Street; thence along said right-of-way line of Garmisch Street N 14°50'49" E 107.90 Teel, more or less, to the point of beginning. SAID PARCEL OF LAND ALSO BEING DESCRIBED AS FOLLOWS BIoCk 6, EAMES ADDITION TO THE CITY AND TOWNSlTE OF ASPEN, more particularly described as follows: Beginning at a point which is the intersection of the Easterly right of way line of Garmisch SVeet and the Southerly right of way line of Dean Avenue, from whence the Northeast Comer of Section 13, Township 10 South, Range 85 West of the 6th Principal hheridian., bears N 53°20'28" East 814.56 feet more or less; thence along the Southerly r+ght of way line of Dean Avenue S 75°09'11" E 330 feet, more oc less to the Westerly right of way line of Aspen Street; thence along said right of way line of Aspen Street S 14°50'49" W 130 feet, more or less to the Northerly right of way line of Juan Street; thence along said right of way tine of Juan Street N 75°09'11" W 330 feet, more or less to the Easterly right of way tine of Garmisch Street; thence along said sight of way line of Garmisch Street N 14°50'49" E 130 feet, more or less to the point of beginning. EXCEPTING therefrom: That parcel of land described in Book 232 at Page 362 in the records of the Clerk and Recorder of pitkin County, Colorado. Said Parcel i is also described as follows: Beginning at a point which is the intersection of the Easterly right-of-way line of GamliSCh Street 81101 tf1B $Olflhet(y right-of-way line of Dean Avenue, from whence the Northeast corner of Section 13, Township 10 South, Range 85 West of the Sixth Principal Meridian bears N 53°20'26" E 814.56 feet, more or less; thence along the Southerly right-of-way line of Dean Avenue S 75°09'11" E 330 tee, more or less, to the Westerly right-of-way tine of Aspen street; thence along said right-of-way line of Aspen Street S 14°50'49" W 130 feet, more or less to the Northerly right-of-way line of Juan Street; thence along said right-oF-way fine of Juan Street N 75°09'11" W 298.20 feet, to the Southeasterly corner of that parcel of Land described in Book 232 at Page 362; thence N 40°21'11" W along the Northeasterly line of said parcel, a distance of 38.73 feel to the Northeasterty right-of-way Tine of Gamsisch Street; thence along said right-of-way tine of Garmisch Street N 14°50'49" E 107.90 feet, more or less, to the point of beginning. PARCEL 2: That portion of the Northeast one-quarter of the Northeast one-quarter (Lot 1) of Section 13, Township 10 South, Range 85 West of the 6th P.M., described as follows: Beginning at the Northeast Comer of Lot 13, Block 11, Eames Addition; thence N 75°09'11" W 181.25 feet, thence S 14`50'49" W 78.00 feet; thence S 03°55'43" W 164.99 feet; thence S 75°09'11" E 150.00 feet; thence N 14°50'49" E 240.00 feet to the point of beginning. ALSO KNOWN AS Lois 13, 14, 15, 16, 17, 18, 19 and 20, Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, and a tract of land being pan of Lot 1 of Section 13, Township 10 South, Range 85 West of the 6th P.M., described as follows Beginning at the Northwesterly comer of Lot 13, Block 11, Eames Addition; (hence S 14°50'49" W 240.00 feet along the Westerly tine of said Block 11 to the Southwesterly corner of Lot 20, Block 11, Eames Addition; thence N 03°55'43" E 164.99 feet; thence N 14°50'49" E 78.00 feet; thence S 75°D9'11" E 31.25 feet to the point of beginning. AND Lots 7, 8, 9, 10, 1 1 and 12, plock 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more fully described as follows Beginning at the Northwesterly corner of said Lol 7; thence S 75°09'11" E 180.00 feet along the Northerly boundary line of said Block 11; thence 5 14°50'x9" W 100.00 feet along the Easterly boundary line of said Block 11; thence N 75°09'1 1" W 180.00 feet along the Southerly boundary line of said Lots 7-12 to the Southwesterly comer of said Lot 7; thence N 14°50'49" E 100.00 feet along the Westerly boundary line of said Lot 7 to the point of beginning. SAID PARCEL OF LAND ALSO BEING DESCRIBED AS FOLLOWS: Beginning at the Southwest corner of said Lot 7, a rebar and cap PLS 1129030, from which a rebar and cap PLS # 2547 hears N 55° E a distance of 0.7 feet; thence N 14°50'49" E along the westerly line of said Lot 7, a distance of 1D0.00 feet !o the Northwest comer of said Lot '7, also being at the Southerly right-ot-way of Juan Street in the City of Aspen, a rebar and cap PLS # 2547; thence S 75°09'11" E along the Northerly tine of said Block 11, also being the Southerly right-of-way line of said Juan Street a distance of 180.00 feet to the Northeast comer of said Block 11, a rebar and cap PLS # 29030; thence S 14°50'49" W along the Easterly line of said Block 11, also being the Westerly right-of-way of Aspen Street in the City of Aspen a distance of 1 D0.00 feet to the Southeast comer of said Lot 12, a rebar and cap PLS !~ 29030; thence N 75°09'11" W along the Southerly line of said Lats 7,8, 9,10,11 and 12 a distance of 180.00 feet to the point of be-ginning AND The vacated alley situated in Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN. B. Property of Aspen Skiing Company 1. Land Under Contact with Roaring Fork Mountain Lodge -Aspen, LLC which is included in the Lift One Lodge Application: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14, Block 10, and Lots 1, 2, 3, 4, 5, 6 and 7, Block 12, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, TOGETHER WITH an easement and right of way for the construction, erection, operation and maintenance of a cable ski chair lift, as created, defined and established by Easement Agreement between the Board of County Commissioners of the County of Pitkin and Friedl Pfeifer recorded October 24, 1962, in Book 199 at Page 489, and, TOGETHER WITH an easement and right of way for skiing purposes, as created, defined and established by Easement Agreement by and between the City of Aspen and Aspen Skiing Corporation recorded October 17, 1969, in Book 244 at Page 31. 2. Land Area to the South of the Lift One Lodge Site: That property owned by the Aspen Skiing Company extending south from Block 12, Eames Addition to the City and Townsite of Aspen, a distance of 900 feet. C. Property of Roaring Fork Mountain Lodge - Snowmass, LLC Lots 1, 2, 3, 12, 13, and 14, Block 8, Eames Addition, City and Townsite of Aspen, and Lots 5, 6, 7, 8, 9 and 10, Block 9, and Lots 4 and l 1, less the west 22 feet thereof, Block 9, Eames Addition to the City and Township of Aspen, together with that portion of th alley in Block 9, Eames Addition to the City and Townsite of Aspen, abutting on all of Lots 5 and 10 and on Lots 4 and 11, except the west 22 feet thereof. D. Property owned or maintained by the City of Aspen. Willoughby Park: Lots 1-14, Block 7 and Lots 1-3, Block 8 Eames Addition, City and Townsite of Aspen. Lift One Park: Lots 3 and 12 Block 9 and the western 22 feet of Lots 4 and 11, Block 9 Eames Addition, City and Townsite of Aspen. Public rights-of--way: • South Aspen Street south of Durant Avenue. • All unvacated portions of Dean Street west of Monarch Street. • Juan Street between South Aspen Street and Garmisch Street. • Garmisch Street from Juan Street to Durant Avenue. • Gilbert Street west of Monarch Street. • Hill Street west of Monarch Street (unopened). • Summit Street west of Monarch Street (unopened). • A one-block section of alleyway between Hill Street and Summit Street east of South Aspen Street (unopened). • A one-block section of alleyway south of Summit Street east of South Aspen Street (unopened). Michie's Legal Resources 31-23.-206. Master plan. Page 1 of 4 Ju,~mt~ b y ~]'oni ICvanb~+- (1) It is the duty of the commission to make and adopt a master plan for the physical development of the municipality, including any areas outside its boundaries, subject to the approval of the governmental body having jurisdiction thereof, which in the commission's judgment bear relation to the planning of such municipality. The master plan of a municipality shall be an advisory document to guide land development decisions; however, the plan or any part thereof may be made binding by inclusion in the municipality's adopted subdivision, zoning, platting, planned unit development, or other similar land development regulations after satisfying notice, due process, and hearing requirements for legislative or quasi judicial processes as appropriate. When a commission decides to adopt a master plan, the commission shall conduct public hearings, after notice of such public hearings has been published in a newspaper of general circulation in the municipality in a manner sufficient to notify the public of the time, place, and nature of the public hearing, prior to final adoption of a master plan in order to encourage public participation in and awareness of the development of such plan and shall accept and consider oral and written public comments throughout the process of developing the plan. Such plan, with the accompanying maps, plats, charts, and descriptive matter, shall, after consideration of each of the following, where applicable or appropriate, show the commission's recommendations for the development of said municipality and outlying areas, including, but not limited to: (a) The general location, character, and extent of existing, proposed, or projected streets, roads, rights- of-way, bridges, waterways, waterfronts, parkways, highways, mass transit routes and corridors, and any transportation plan prepared by any metropolitan planning organization that covers all or a portion of the municipality and that the municipality has received notification of or, if the municipality is not located in an area covered by a metropolitan planning organization, any transportation plan prepared by the department of transportation that the municipality has received notification of and that covers all or a portion of the municipality; (b) The general location of public places or facilities, including public schools, culturally, historically, or archaeologically significant buildings, sites, and objects, playgrounds, squares, parks, airports, aviation fields, and other public ways, grounds, open spaces, trails, and designated federal, state, and local wildlife areas; (c) The general location and extent of public utilities terminals, capital facilities, and transfer facilities, whether publicly or privately owned or operated, for water, light, sanitation, transportation, communication, power, and other purposes, and any proposed or projected needs for capital facilities and utilities, including the priorities, anticipated costs, and funding proposals for such facilities and utilities; (d) The general location and extent of an adequate and suitable supply of water. If the master plan includes a water supply element, the planning commission shall consult with the entities that supply water for use within the municipality to ensure coordination on water supply and facility planning, and the water supply element shall identify water supplies and facilities sufficient to meet the needs of the public and private infrastructure reasonably anticipated or identified in the planning process. Nothing in this pazagraph (d) shall be construed to supersede, abrogate, or otherwise impair the allocation of water pursuant to the state constitution or laws, the right to beneficially use water pursuant to decrees, contracts, or other water use agreements, or the operation, maintenance, repair, replacement, or use of any water facility. http://www.michie. com/colorado/lpext.dll/cocode/4ddd0/4f2ee/4fa9e/4tb72/4fba4?~templ... 8/26/2008 Michie's Legal Resources Page 2 of 4 (e) The acceptance, removal, relocation, widening, narrowing, vacating, abandonment, modification, change of use, or extension of any of the public ways, rights-of--way, including the coordination of such rights-of--way with the rights-of--way of other municipalities, counties, or regions, grounds, open spaces, buildings, property, utility, or terminals, referred to in paragraphs (a) to (d) of this subsection (1); (f) A zoning plan for the control of the height, area, bulk, location, and use of buildings and premises. Such a zoning plan may protect and assure access to appropriate conditions for solar, wind, or other alternative energy sources; however, regulations and restrictions of the height, number of stories, size of buildings and other structures, and the height and location of trees and other vegetation shall not apply to existing buildings, structures, trees, or vegetation except for new growth on such vegetation. (g) The general character, location, and extent of community centers, housing developments, whether public or private, the existing, proposed, or projected location of residential neighborhoods and sufficient land for future housing development for the existing and projected economic and other needs of all current and anticipated residents of the municipality, and redevelopment areas. If a municipality has entered into a regional planning agreement, such agreement may be incorporated by reference into the master plan. (h) A master plan for the extraction of commercial mineral deposits pursuant to section 34-1-304, C.R.S.; (i) A plan for the location and placement of public utilities that facilitates the provision of such utilities to all existing, proposed, or projected developments in the municipality; (j) Projections of population growth and housing needs to accommodate the projected population for specified increments of time. The municipality may base these projections upon data from the department of local affairs and upon the municipality's local objectives. (k) The areas containing steep slopes, geological hazards, endangered or threatened species, wetlands, floodplains, floodways, and flood risk zones, highly erodible land or unstable soils, and wildfire hazards. For purposes of determining the location of such areas, the planning commission should consider the following sources for guidance: (I) The Colorado geological survey for defining and mapping geological hazards; (II) The United States fish and wildlife service of the United States department of the interior and the Colorado wildlife commission for locating areas inhabited by endangered or threatened species; (III) The Unites States Army corps of engineers and the United States fish and wildlife service national wetlands inventory for defining and mapping wetlands; (IV) The federal emergency management agency for defining and mapping floodplains, floodways, and flood risk zones; (V) The natural resources conservation service of the United States department of agriculture for defining and mapping unstable soils and highly erodible land; and (VI) The Colorado state forest service for locating wildfire hazard areas. (2) As the work of making the whole master plan progresses, the commission may from time to time adopt and publish a part thereof. Any such part shall cover one or more major sections of divisions of the municipality or one or more of the foregoing or other functional matters to be included in the plan. The commission may amend, extend, or add to the plan from time to time. http: //www.michie. com/colorado/lpext.dll/cocode/4ddd0/4f2ee/4fa9e/4fb72/4fba4?€templ... 8/26/2008 Michie's Legal Resources Page 3 of 4 (3) (Deleted by amendment, L. 2007, p. 613, § 2, effective August 3, 2007.) (4) (a) Each municipality that has a population of two thousand persons or more and that is wholly or partially located in a county that is subject to the requirements of section 30-28-106 (4), C.R.S., shall adopt a master plan within two yeazs after January 8, 2002. (b) The deparhnent of local affairs shall annually determine, based on the population statistics maintained by said department, whether a municipality is subject to the requirements of this subsection (4), and shall notify any municipality that is newly identified as being subject to said requirements. Any such municipality shall have two yeazs following receipt of notification from the department to adopt a master plan. (c) Once a municipality is identified as being subject to the requirements of this subsection (4), the municipality shall at all times thereafter remain subject to the requirements of this subsection (4), regardless of whether it continues to meet the criteria specified in paragraph (a) of this subsection (4). (5) A master plan adopted in accordance with the requirements of subsection (4) of this section shall contain a recreational and tourism uses element pursuant to which the municipality shall indicate how it intends to provide for the recreational and tourism needs of residents of the municipality and visitors to the municipality through delineated areas dedicated to, without limitation, hiking, mountain biking, rock climbing, skiing, cross country skiing, rafting, fishing, boating, hunting, and shooting, or any other form of sports or other recreational activity, as applicable, and commercial facilities supporting such uses. (6) The master plan of any municipality adopted or amended in accordance with the requirements of this section on and after August 8, 2005, shall satisfy the requirements of section 29-1-207, C.R.S., as applicable. (7) Notwithstanding any other provision of this section, no master plan originally adopted or amended in accordance with the requirements of this section shall conflict with a master plan for the extraction of commercial mineral deposits adopted by the municipality pursuant to section 34-1-304, C.R.S. Source: L. 75: Entire title R&RE, p. 1147, § 1, effective July 1. L. 79: (1)(d) amended, p. 1162, § 10, effective January 1, 1980. L. 97: (3) added, p. 414, § 2, effective April 24. L. 2000: (1) amended, p. 874, § 2, effective August 2. L. 2001, 2nd Ex. Sess.: (4) and (5) added, p. 22, § 2, effective January 8, 2002. L. 2002: (5) amended, p. 1036, § 84, effective June 1. L. 2005: (6) added, p. 223, § 3, effective August 8. L. 2007: IP(1) and (3) amended and (7) added, p. 613, § 2, effective August 3. Editor's note: (1) This section was contained in this title when it was repealed and reenacted in 1975. Provisions of this section, as it existed in 1975, are similar to those contained in 31-23-106 as said section existed in 1974, the year prior to the repeal and reenactment of this title. (2) The introductory portion to subsection (1) and subsections (3) and (7) were contained in a 2007 act that was passed without a safety clause. For further explanation concerning the effective date, see page vii of this volume. ANNOTATION Law reviews. For comment, "Regionalism or Parochialism: The Land Use Planner's Dilemma", see 48 U. Colo. L. Rev. 575 (1977). For note, "The Permissible Scope of Compulsory Requirements for Land Development in Colorado", see 54 U. Colo. L. Rev. 447 (1983). For article, "Growth Management: Recent Developments in Municipal Annexation and Master Plans", see 31 Colo. Law. 61 (March 2002). City in advisory role. There is nothing in this section and § 31-23-209 which indicates a legislative intent to broaden a city's authority. They place ultimate governmental authority in matters pertaining to land use in http://www.michie. com/Colorado/lpext.dll/cocode/4ddd0/4flee/4fa9e/41b72/4fba4?~templ... 8/26/2008 Michie's Legal Resources Page 4 of 4 unincorporated areas in the county. In effect, a city is given only an advisory role. Robinson v. City of Boulder, 190 Colo. 357, 547 P.2d 228 (1976). Standing of owner of property outside territory of authority to challenge rezoning. An owner of property adjacent to property being rezoned but not within the territory of the zoning authority has standing to challenge the rezoning. Bd. of County Commis v. City of Thornton, 629 P.2d 605 (Colo. 1981). Sections 31-23-206 through 31-23-208 do not apply to rezoning or to a zoning change to a particular area. Coates v. City of Cripple Creek, 865 P.2d 924 (Colo. App. 1993). Applied in Margolis v. District Court, 638 P.2d 297 (Colo. 1981) http://www.michie.com/Colorado/lpext.dll/cocode/4ddd0/4f2ee/4fa9e/4fb72/4fba4?~templ... 8/26/2008 Chapter 26.104 GENERAL PROVISIONS Sec. 26.104.010. Authority and title. This Title 26 shall be known as the Aspen Land Use Code ("LUC") and is intended to incorporate and implement, without limitation, all legal power and home rule authority vested in [he City under Article XX of the Colorado Constitution and the Home Rule Charter of the City and all land use regulatory and zoning power statutorily delegated to local and municipal governments by the General Assembly through [he Colorado Revised Statutes. The City Council of the City has determined that land use planning, zoning and the management and regulation of land uses are matters of local municipal concern and that the ordinances, regulations and policies of the City shall supersede within the territorial limits and other jurisdiction of the City any law or regulation of the state in conflict therewith. Sec. 26.104.020. Purpose. It is the purpose of this Title to promote and protect the health, safety and welfare of the citizens and City through the establishment and enforcement of comprehensive, efficient, clear and consistent standards, regulations and procedures for the planning, evaluation, approval and implementation of land uses and development within the City. In furtherance of this purpose, all development and uses of land shall be analyzed within the context of its impact on the historic, architectural, aesthetic and natural environmental character of the City, the City's economic and infrastructure needs and capacities and the legitimate rights and reasonable expectations of property owners. Sec. 26.104.030. Comprehensive Community Plan and other plans, guidelines or documents. A. The City shall from time to time adopt and update a comprehensive community plan (known as the Aspen Area Community Plan or AACP) which shall establish and project the City's land use and development planning philosophy, goals and policies. The comprehensive community plan shall be broad in scope and serve as a guide to all land use development and planning. The plan shall encourage and incorporate regional planning as well as land use development cooperation and coordination between the City and neighboring communities andjurisdictions. B. From time to time the City may re-adopt, amend, extend or add to its comprehensive community plan or carry any part of its subject matter into greater detail through the development of supplemental plans, guidelines or documents. Within the text of these plans, guidelines or documents, it shall be described how the material shall be used in relation to the AACP, land use development and planning. Specifically, there shall be a determination of whether the document will be used as a guiding or regulatory document. The document shall be adopted by resolution or ordinance, as provided in Chapter 26.200, Administration - Decision- Making Bodies. C. Before the adoption of a plan or any such part, amendment, extension or addition by an adopting body, at least one (1) public hearing shall be conducted, notice of the time and place of which shall be given by one (1) publication in a newspaper of general circulation in the City as outlined in Subparagraph 26.304.060.E.3.a, Publication of notice. (Ord. No. 50-a, 2005, § 1) Sec. 26.104.040. Applicability and penalty. A. Development without development order prohibited. Unless specifically exempted from its terms, no development of land or land use shall be undertaken without first having been reviewed, approved and issued a development order consistent with the provisions of this Title. Additionally, this Title shall apply to MEMORANDUM TO: Mayor Ireland and Aspen City Council FROM: Chris Bendan, Community Development Director RE: Lift One Master Plan -Cost Sharing Agreement DATE: February 25, 2008 SUMMARY: The Lift One Neighborhood Master Plan COWOP eligibility request is before City Council tonight. if the project is to move forward, Community Development requests approval of a cost sharing agreement between the parties. A draft agreement is attached. This agreement proposes an allocation of 25% of the planning costs to each of the four parties involved.. The expected shared costs are currently approximated as follows: Meeting Faciiifator $35,000 Note Taker $4,500 Financial Advisor $12,000 Site Survey $4,000 Plan renderings + options $15,040 Site Modeling + options $8,000 Geotechnical & Soil Analysis $10,000 Traffic Analysis $34,040 Plats and Agreements + recordation $15,040 Meeting Food $1,500 Printing _ $2,000 Public noticing $1,540 Total $138,500 Each Party's Approximate Share $35,000 (25%) RECOMMENDATION: Staff recommends City Council approve the cost sharing agreement for the Lift One Neighborhood Master Plan. The larger partnership discussion concerning capital expenses of implementing a plan will be a prime topic of discussion during the master planning process and does not need to be determined at this point. RECOMMENDED MOTION: "I move to approve the cost sharing agreement for the Lift One Neighborhood Master Plan." CITY AT7'ACN TS:G~R3,e..~.tr-- t5~~-I'~-~•y A -Draft Cost Sharing Agreement --DRAFT-- COSTSHARING AGREEMENT fOR MASTER PLANNING OF THE LIFT ONE NEIGHBORHOOD This agreement between the City of Aspen, Aspen Land Fund II, Roaring Fork Mountain Lodge -Aspen, and the Aspen Skiing Company establishes the agreement and criteria for payment of expenses associated with the project known as "Lift Qne Neighborhood Master Plan". The City of Aspen and Aspen Land Fund ll, Roaring Fork Mountain Lodge -Aspen, and the Aspen Skiing Company, as co-applicants, have and will continue to incur expenses associated with the Master Planning process of planning redevelopment of property generally including publicly and privately owned land and rights-of- way bordering South Aspen Streef south of Durant Avenue Spring Street, more precisely described in City Council Resolution ~~ , 2008, as may be amended. The strategy of paying for the planning phase of the Master Plan is as follows: 1. The City of Aspen and Aspen Land Fund II, Roaring Fork Mountain Lodge - Aspen, and the Aspen Skiing Company shall each independently pay for professional services such as planning, architecture, finance and legal, contracted by and on behalf of each individual party. 2. The costs of full time staff for the City of Aspen and Aspen Land Fund ll, Roaring Fork Mountain Lodge -Aspen, and the Aspen Skiing Company working on the Master Plan shall be the sole expense of the appropriate employer. 3. The expenses directly associated with and necessary for the Master Planning process such as a meeting facilitator, minute taker, Financial Advisor, land surveys, plan options and renderings, site models, 3- dimensional models, geotechnical analysis, traffic analysis and the reasonable needs of the Master Planning task force shall be shared equally [25% for each party] between the City of Aspen and Aspen Land Fund II, Roaring Fork Mountain Lodge -Aspen, and the Aspen Skiing Company. Fees and cost to be shared equally will not be limited to those listed above but may include any expense that the parties agree is associated with the Master Planning process and the par#ies agree to split. Known fees are estimated as follows: Meeting Facilitator $35,000 Note Taker $4,500 Financial Advisor $'12,004 Site Survey $4,000 CITY OF ASPEN, COLORADO A Municipal Corporation: Stephen Barwick, Manager ASPEN (.AND FUND tt, ttC A Colorado Limited Liability Company By: John Sarpa, Authorized Signatory ASPEN SKIING COMPANY A Colorado Limited LiabNity Company By: David E, BeJlack, Senior Vice President ATTEST: ROARING FORK MOUNTAIN LODGE -ASPEN, LLC A Delaware Limited Liability Company $y: Robert E. Daniel, Jr., Authorized Signatory Lift ne Neighborhood Master Plan J rt~F c , ~ .~~~,. ~l~u~- ~ t am ~~- au., Task Force Members Lift One Neighborhood Master Plan -Task Force Members City of Aspen Ciry Council Mick Ireland Dwayne Romero P & Z Cliff Weiss HPC Alison Agley Com. Dev. Chris Bendon, (non-voting) Landowners Lodge at Aspen Mtn. John Sarpa Lift One Lodge Bob Daniel Aspen Skiing Company Dave Bellack Neighbors South- Shadow Mountain Chrissy McNamara West- Juan St., Trainors Landing Derek Johnson Denis Murray North- South Point, Timber Ridge Galen Bright Tami Solondz East- Gilbert St, Mountain Queen Sissy Erikson Zachary Matthews Other Affected Parries Aspen Hist. Society Georgia Hanson AVSC Mark Cole ACRA Debbie Braun Community At Large Yasmine dePagter Allyn Harvey Mark Hughes Mary Janss Andrew Kole Ruth Kruger Mary Anne Meyer Bernard Phillips Brian Schaefer Bill Wiener, Jr. Lift ne Neighborhood ~ Master Plan Tier ~ M~~ster Plan Goals Adopted Unanimously on May 22, 2008 ~~~bi~ L ~~ ~ ~k~~~ MEETING SUMMARY 5/22/2008 Respect Aspen's history: integrate the balance of architecture and design through the relationships, mass and scale of historic and proposed structures. Showcase and promote Aspen's ski history and traditions. Provide easy and welcoming access to all users that integrates the Lift One neighborhood and town while minimizing traffic and pavement. Develop improved lift access and infrastructure that includes the World Cup venue and year-round activities. Create a "lights on" mix of lodging, services, amenities and on-site affordable housing to attract visitors and locals while respecting the nature of the neighborhood. Develop an economically viable and flexible project without imposing burdens on the community. Create an environmental showcase that exploits on-site energy generation and responsibly uses enerbry and other resources. ~~ MEMORANDUM TO: Planning and Zoning Commission FROM: Ben Gagnon, Special Projects Planner ~~ THRU: Chris Bendon, Director, Community Development DATE OF MEMO: August 21, 2008 MEETING DATE: August 26, 2008 RE: Zupancis-Galena (ZG) Master Plan REQUEST OF COMMISSION: Staff is not requesting any formal action from the P&Z. BACKGROUND: Included in this packet is a description of the overall intent and background of the ZG Master Plan, a description of how the plan has evolved to this point, and Part I of the application itself -focusing on the site layout. The site plan includes the at-grade layout, the location and massing of buildings, and the location of pedestrian routes and open space. Also included is a description of architectural character, using text and a "palette" of photos and renderings. Finally, there is a description of landscape architecture using text and photos that illustrate various landscaping concepts. We will use a powerpoint and a 3-D presentation to walk through all these topics. Of course we will be ready to answer questions from the P&Z, and anticipate a period of public comment during this official public hearing. At the September 2 public hearing, the presentation will focus on the proposed uses of the site. In the P&Z packet for Sept. 2 will be text and renderings reviewing how each party became involved in the ZG Master Plan, and the reasoning behind why certain parties seek to be located at certain sites within the ZG Master Plan. Also in the Sept. 2 packet will be a copy of a 50- minute DVD that was produced with GrassRootsTV and was aired last winter -included in the DVD are presentations from each party an why they are part of the ZG Master Plan. At a future public hearing subsequent to Sept. 2, the presentation will focus on the 10-15 year phasing plan for the ZG Site, as well as a review of mitigation efforts that are planned for each phase. ATTACHMENTS: Exhibit A: ZG Master Plan: Part I