HomeMy WebLinkAboutresolution.council.052-09RESOLUTION N0. 52
(SERIES OF 2009)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A
CONCEPTUAL PLANNED UNIT DEVELOPMENT AND A CONCEPTUAL
TIMESHARE APPLICATION FOR THE LIFT ONE LODGE ON PROPERTY
COMMONLY KNOWN AS 233 GILBERT STREET, 710 SOUTH ASPEN STREET, AND
720 SOUTH ASPEN STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO
Parcel ID:
2735-131-168-51, 2735-131-210-01, 2735-131-210-02,
2735-131-198-51, 2735-131-190-O1, 2735-131-260-01
WHEREAS, the Community Development Deparhnent received an application (the
Application) from the Roaring Fork Mountain Lodge -Aspen, LLC (Applicant), represented by
Sunny Vann of Vann Associates, and with consent from the Aspen Skiing Company, the City of
Aspen, and the Historical Society of Aspen, for approval of a Conceptual Development Plan for
a Planned Unit Development (PUD) and a Conceptual Timeshare for the Lift One Lodge; and,
WHEREAS, the Property is commonly known as Willoughby Park, Lift One Park, 233
Gilbert Street, 710 South Aspen Street, and 720 South Aspen Street, City of Aspen, Colorado,
and as more fully described in Exhibit A, attached hereto; and,
WHEREAS, the Application for the Lift One Lodge proposes:
On Parcel I:
• A multi-story structure consisting of 27 timeshare lodging units divided into one-
eighth (1/8) interests with a total of 216 member interests. With "lock-offl'
capability, the 27 units represent a total of 107 keys.
• Sfree-market residential units.
• 24 affordable housing units.
• Sub-grade parking garages with a combined total of no more than 250 spaces, 50
spaces in a public garage for replacement of lost parking on South Aspen Street
and the current Willoughby Park surface parking. 200 spaces for lodge,
commercial, Aspen Skiing Company, Club Members, and other uses associated
with the lodge.
• A public restaurant and apres ski area.
• Fitness facilities.
• Lodge guest facilities.
• Aspen Skiing Company facilities and Guest Services.
• Public access and ski easements.
• Ski area operations
On Parcel 2:
• Housing for ten employees in dormitory-style units.
City Council Reso No. 52,
Series of 2009.
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• A public restaurant and apres ski area.
• A portion of the sub-grade parking garage that connects to the underground
parking under Lot 1.
On Parcel 3 (Lift One Park):
• A public park.
• One lift tower of the historic Lift One apparatus.
• Underground parking (part of the subsurface parking garages on Lot 1)
• Lift tower for surface lift
• Ski area operations
On Parcel 4 (Willoughby Park):
• A public park.
• A Historical Society Museum (the Skiers Chalet Lodge will be relocated for this
purpose).
• The historic Lift One.
• A skier drop off azea.
• Terminus of surface lift and associated equipment
• Access into a Public Parking Garage and Public below grade parking
• Ticket booth
• Ski area operations; and,
WHEREAS, pursuant to Section 26.415.070.D., Certificate of Appropriateness for
Major Development, of the Land Use Code, Conceptual approval maybe granted by the Historic
Preservation Commission (HPC) at a duly noticed public hearing and was granted for the review
of Willoughby Park, Lift 1 Park, and Skier's Chalet Steakhouse by the HPC on August 9, 2006,
via Resolution No. 21, Series of 2006, and an additional public review and approval was granted
by Resolution 23, Series of 2008; and,
WHEREAS, the Community Development Department received referral comments from
the Aspen Consolidated Sanitation District, City Engineering, Building Department, Fire
Protection District, Environmental Health Department, Parks Department, Pazking Department ,
Aspen/Pitkin County Housing Authority, Public Works Department, and the Transportation
Department as a result of the Development Review Committee meeting; and,
WHEREAS, pursuant to Section 26.470.040.0.7, Affordable Housing, of the Land Use
Code, a recommendation from the Aspen/Pitkin County Housing Authority is required and a
recommendation for approval by the board was provided at their June 20, 2007, regulaz meeting;
and,
WHEREAS, said referral agencies and the Aspen Community Development Department
reviewed the proposed Conceptual PUD and Conceptual Timeshare and recommended approval
with conditions; and,
WHEREAS, pursuant to Chapter 26.445 of the Land Use Code, Conceptual PUD
approval may be granted by the City Council at a duly noticed public hearing after considering
City Council Reso No. 52,
Series of 2009.
Page 2 of 14
recommendations by the Planning and Zoning Commission, the Community Development
Director, and relevant referral agencies; and,
WHEREAS, pursuant to Chapter 26.590 of the Land Use Code, Conceptual Timeshare
approval may be granted by the City Council at a duly noticed public hearing after considering
recommendations by the Planning and Zoning Commission, the Community Development
Director, and relevant referral agencies; and,
WHEREAS, Conceptual PUD and Conceptual Timeshare review by the Planning and
Zoning Commission requires a public hearing and this application was reviewed at multiple
public hearings where the recommendations of the Community Development Director and
comments from the public were heard; and,
WHEREAS, during a regular meeting on June 19, 2007, the Planning and Zoning
Commission opened a duly noticed public hearing to consider the project and continued the
public hearing to July 10, 2007 for further discussion. At the July 1Q 2007 public hearing, the
Planning and Zoning Commission opened a duly noticed public hearing to consider the project
and continued the hearing until July 17, 2007 for further discussion. At the July 17, 2007 public
hearing, the Planning and Zoning Commission opened a duly noticed public hearing to consider
the project and continued the project to July 24, 2007 for further discussion. At the July 24,
2007 public hearing, the Planning and Zoning Commission opened a duly noticed public hearing
to consider the project and continued the project to August 7, 2007 for further discussion. At the
August 7, 2007, public hearing the Planning and Zoning Commission opened a duly noticed
public hearing to consider the project and recommended City Council approve the Conceptual
Planned Unit Development and Conceptual Timeshare application by a three to one (3-1) vote,
with the findings and conditions listed hereinafter; and,
WHEREAS, after the recommendations from the City of Aspen Planning and Zoning
Commission and the Historic Preservation Commission were obtained and prior to City Council
reviewing the Application, City Council adopted Resolution No. 13, Series of 2008, initiating a
master planning effort known as the Lift One Neighborhood Master Plan involving properties
within this Application, properties held by the City of Aspen, and properties held by others; and,
WHEREAS, the Applicant entered into the master planning process willingly with
certain conditions regarding the continued "active" status of the Lift One Lodge Application and
the potential withdrawal from the master planning process among other conditions memorialized
in Resolution No. 13, Series of 2008; and,
WHEREAS, the City of Aspen, the other parties, and the Applicant all actively pursued
the master planning effort with the assistance of a citizen task force throughout 2008 and early
2009 although the master plan was never adopted; and,
WHEREAS, pursuant to Resolution No 13, Series of 2008, Section 10 "Master Planning
Process may be Terminated," the Applicant withdrew from the master planning process and the
City renewed review of the Lift One Lodge Application; and,
WHEREAS, pursuant to Resolution No. 13, Series of 2008, Section 12 "Lifr One Lodge
Application on Hold," for the purposes of Section 26.304.070(f) of the Land Use Code, the
Application for Lift One Lodge remained "active" during the Lift One Neighborhood Master
Plan COWOP process and any and all deadlines or expiration dates associated with the Lift One
Lodge Application were tolled until the date on which processing of the Application was
resumed. All previously obtained consents and all previously obtained approvals or
City Council Reso No. 52,
Series of 2009.
Page 3 of 14
recommendations of approval, in particular the approvals of the Planning and
Zoning Commission and the Historic Preservation Commission remain in effect. 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; and,
WHEREAS, pursuant to Resolution No. 13, Series of 2008, Section 13 "Holland House
Redevelopment Credits," the time period for utilization of replacement credits for employees,
lodging and other pertinent matters related to the former Holland House Lodge have been
extended to 24 months after final approval, denial, or withdrawal of the current Application for
Lift One Lodge; and,
WHEREAS, at the direction of City Council, the applicant amended the application to
better respond to and reflect community planning concepts realized during the master planning
effort of the Lift One Neighborhood Master Plan, specifically a ski lift and skiing corridor
through the center of the properties roughly along the historic alignment of the original Lift One,
adjustments to include portions of the S. Aspen Street Right-of--Way and the Gilbert Street
Right-of--Way into the project; and,
WHEREAS, the Planning and Zoning Commission recommended consideration of a
zero lot line from the eastern border of Lift One Park to the Lift One Lodge in order to minimize
impacts to properties adjacent to the eastern boundary; and,
WHEREAS, Conceptual PUD and Conceptual Timeshare approval shall only grant the
ability for the applicant to submit a Final PUD and Timeshare application and the proposed
development is further subject to Final PUD review, Conditional Use, Special Review, GMQS
Allotment, Mountain View Plane Review, Subdivision, Subdivision Exemption, Rezoning,
Timeshare and a Street Vacation and Right-of--Way Dedication Plat pursuant to the Municipal
Code; and,
WHEREAS, the City Council of the City of Aspen finds that the Application meets or
exceeds the development review standards for a Conceptual PUD and Conceptual Timeshare, is
consistent with the goals and elements of the Aspen Area Community Plan, that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare as long as certain
conditions are implemented.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Aspen hereby
grants Conceptual Planned Unit Development Review Approval and Conceptual Timeshare
Review Approval to the Lift One Lodge Application, subject to the conditions listed hereinafter:
Section 1 Conceptual Approval:
The Lift One Lodge is granted Conceptual PUD approval and Conceptual Timeshare approval
for the uses as depicted and described in Exhibit B to this resolution.
Section 2: Final PUD Application
The Final PUD application shall include:
A. An application for Final PUD and Timeshare application and the proposed development is
further subject to Final PUD review, Conditional Use, Special Review, GMQS Allotment,
Mountain View Plane Review, Subdivision, Condominiumization, Rezoning, Timeshare,
City Council Reso No. 52,
Series of 2009.
Page 4 of 14
Commercial Design Review and 8040 Greenline Review, and a Street Vacation and Right-of-
Way Dedication Plat pursuant to the Municipal Code. Apre-application conference with a
member of the Community Development Department is required prior to submitting an
application.
B. Delineation of all dimensional provisions to become requirements of the PUD.
C. A proposed subdivision plat and PUD plans.
D. A Street Vacation and Right-of--Way Dedication Plat that accomplishes the following public
right-of--way dedications and grants the following perpetual easements and encroachment
licenses:
1. Vacation of that portion of South Aspen Street located south of Juan Street and north of
the northern boundary of the Shadow Mountain Condominiums as depicted on the
Conceptual PUD Development Plan;
2. Vacation of those portions of Gilbert Street depicted on Conceptual PUD Development
Plan;
3. Vacation of Hill Street east of South Aspen Street through the Lift One Lodge Project;
4. Vacation of Summit Street east of South Aspen Street through the Lift One Lodge
Project; and
5. Vacation of the portion of the remaining alley in Block 9, Eames Addition to the City of
Aspen, within the Lift One Lodge Project.
6. Grant of a public right-of--way for relocated South Aspen Street;
7. Grant of a public ski and pedestrian easement within Lot 1, Lift One Lodge Project,
within Lot 3, Lift One Park, and within Lot 4, Willoughby Park. Pedestrian use will be
allowed when the surface lift is not in operation;
8. Grant of an easement granted to the Aspen Skiing Company and/or assigns within Lots 1,
3 and 4 for purposes of constructing, operating and maintaining the surface lift and other
associated skiing improvements and operations;
9. Grant of a perpetual subsurface easement beneath Lot 3, Lift One Park, and Lot 4,
Willoughby Park, for the use and benefit of the Lift One Lodge Project for purposes of
constructing, operating, using, maintaining and accessing parking garages;
10. Grant of a perpetual subsurface easement beneath a portion of relocated South Aspen
Street for the use and benefit of the Lift One Lodge Project for purposes of constructing,
operating, using, maintaining and accessing a snowmelt system; and
11. Grant of a perpetual access. easement across Lot 1 for the benefit of the Aspen Skiing
Company.
12. The final application shall include legal descriptions of all land to be vacated and
dedicated and a combined total acreage of such land in order to facilitate the
implementation of the uses outlined in the site plan and Conceptual Approval attached
hereto as Exhibit B.
City Council Reso No. 52,
Series of 2009.
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13. The vacations and dedications shall become effective upon the recording of the Street
Vacation and Right-of--Way Dedication Plat and the Development Ageement for the
project.
14. In addition to the foregoing, the City of Aspen public right-of--way known as Dean Street,
a/k/a Deane Street, is hereby officially named and designated Deane Street (with an "e"),
and this spelling shall be reflected in the various Plats and Agreements recorded pursuant
for this project.
E. A proposed Development Agreement which sets forth a description of the subdivision
improvements and other amenities required, including the following:
1. The relocation of South Aspen Street and associated sidewalks;
2. The installation and/or relocation of all utilities and drainage facilities depicted and
described on the Master Utility and Drainage Plan. Drainage facilities shall be
coordinated with the City Engineering Department and shall comply with the City of
Aspen Engineering Department. Rights-of--Way shall be repaved as necessazy;
3. Deane Street right-of--way improvements, including sidewalks;
4. The design of the Deane Street right-of--way improvements for that section of Deane
Street between the South Aspen Street and Monarch Street rights-of--way shall be
coordinated with the City of Aspen Community Development, Parks, and Engineering
Departments. All, or a portion, of the $250,000 allocated to Deane Street improvements
by Ordinance No. 32, Series of 2005 (the Chart House contribution) may be used for the
design and implementation of these improvements.
5. The landscaping of South Aspen Street and other public rights-of--way. The Applicant
will be required to use structural soils where anon-compacted continuous root zone
cannot be provided. These soils will be required within the City Rights of Way and/or as
may be required on the private property. Structural Soils are applicable in situations
where tree rooting potential is insufficient in designated planter azeas adjacent to
sidewalks. Tree Lighting, electrical conduits must comply with City of Aspen standards;
6. The new Lift lA lift and other improvements to facilitate access to the lift from South
Aspen Street;
7. The surface lift from Willoughby Pazk to the Lift lA Base Area Development Envelope.
The Agreement shall reference and exhibit approval provided by the State of Colorado
Tramway Board regarding the alignment and development setbacks for the new surface
lift;
8. 50 subgrade public parking spaces beneath areas to be depicted on the Street Vacation
and Right-of--Way Dedication Plat;
9. Public locker facilities. Public locker facilities shall be available in a transparent, non-
discriminatory manner on a seasonal basis via a valley wide lottery. Seasonal rental rates
shall not initially exceed $300 subject to an annual increase of 3% or the CPI, whichever
is greater. Locker rental agreements shall prohibit assignment and subrental;
10. A Ski Museum located in Willoughby Park;
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Series of 2009.
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11. The relocation of the volleyball courts currently located in Willoughby Park;
12. Improvements to Willoughby Park;
13. An allocation of the responsibilities for the ongoing maintenance of said improvements
and amenities;
14. The Agreement shall define and describe the perpetual use of the public open space as a
ski corridor;
15. The Development Agreement shall include a Transportation Management Plan that
requires the Lift One Lodge Project to participate in the City of Aspen Transportation
Options Program. This participation shall include, but not be limited to, lodge shuttle
service, subsidized employee RFTA passes, participation in the City of Aspen car sharing
program, on-site bicycles for use by employees and guests and specific marketing
materials regarding the array of mobility options available to guests.
F. A detailed timeshare/membership operational plan. The final application shall include
representations regarding efforts that will be made to optimize occupancy and to report
occupancy rates after the third and fifth years of operation. The final application shall include
implementation agreements that assure the City that lodge rooms will not be priced in a
manner so as to prevent rental to the general public. The plan shall require a substantial
amendment review upon conversion of fractional units to whole ownership units. The plan
may allow an administrative amendment review for the conversion of whole ownership units
to fractional units.
G. An azchitectural chazacter plan showing the character and materials of proposed buildings. This
may be a model, digital model, detailed elevations, or renderings. Representations of view will
include the view up the ski corridor from Lift One, from the ski area down toward Lift One, and
up Aspen St. from Deane St. A form of 3-D model is recommended.
H. A landscape plan that includes a description of the green roof system and
operations/maintenance associated therewith. A formal vegetation protection plan shall be
required with building permit application. An approved tree permit will be required before
any demolition or access infrastructure work takes place. A detailed excavation plan maybe
required for work in the vicinity of certain large trees. Further review and detail of
excavation distances is necessary. All right-of way improvements shall meet city codes. Final
layout of the plantings and park designs require Park Department approval. Additional
detailed comments are included in the Development Review Committee minutes of April 11,
2007.
L A drainage report and grading & drainage plan developed using the criteria and specifications of
the City Engineer. This analysis must account for critical uphill off site basins and must
consider downstream facilities and whether these facilities are sized appropriately. Attention
should be paid to the design of surface drainage from the snowmelt system where it
transitions to Durant Avenue to avoid any water runoff to non-snow melted surfaces at the
intersection of Durant and Aspen Streets.
A detailed civil plan showing the geometric design for grading improvements to Lift lA and
South Aspen Street, including an accessible path to primary lodging, commercial and restaurant
uses, and the snow surface, vehicle turning radii, gazage entrances, shuttle staging and skier
drop-off areas.
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Series of 2009.
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K. An operations plan for the public parking garage including ownership of the facility,
ticketing, hours, and fees.
L. A service operations plan showing truck delivery routes, expected demand, and expected
scheduling.
M. The Applicant shall comply with the City of Aspen Water System Standards, with Title 25,
and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory
Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department.
Utility placement and design shall meet adopted City of Aspen standards. Special
consideration for utilities in relation to snowmelt shall be considered prior to final approval
as indicated in the Development Review Committee minutes of April 11, 2007.
N. A draft construction schedule and Construction Mitigation Plan.
Sectiou 3: Financial Assurance
The final application shall include a proposal to secure the landowner's performance on a final
approval and conditions thereon and remediation costs where appropriate. The Applicant shall
work with the Community Development Director and the City Attorney to develop the draft plan
prior to submission. Final approvals shall be granted upon a finding by the City Council that the
public interest is protected against possible financial burdens of completing public infrastructure,
public amenities, project amenities where a significant public interest exists, and costs for safety
and aesthetic remediation of an incomplete or abandoned development site, which shall include
authorization for accessing the property. The plan shall provide a mechanism that guarantees the
City's ability to secure the landowner's performance of the aforementioned obligations
independent of any bankruptcy or other similar financial distress of the property owner. This
plan shall include definitions of these terms, a process for monitoring performance and releases
of performance securities, and remedies for the City and the Landowner. Upon final approval,
the final plan shall be incorporated into a Development Agreement between the City and the
landowner and appended to the Subdivision/PUD Agreement.
Section 4: Public Restaurants and Apres Ski Deck
The final application shall provide assurances that public access to restaurant and apr8s ski deck
are maintained and that any change in use would require approval by City Council.
Section 5: East LodEe Setbacks
The final application should evaluate the feasibility of a greater than required by Code setback of
the lodge's east wing location in relation to the eastern property line and the Caribou and Silver
Shadow Condominiums for skier access to the condominiums by potentially allowing a zero lot
line along Lift 1 Park to provide a greater setback adjacent to the property line shared with the
Caribou Condominiums.
Section 6: Willouabby Park
Willoughby Park should be an active park. The museum location should be evaluated to
consider a transit drop-off/group gathering area near the museum. The final application should
City Council Reso No. 52,
Series of 2009.
Page 8 of 14
address how the existing volleyball courts will be accommodated and timing of court
replacement. Off-site replacement courts shall be coordinated with and obtain approval from the
Parks Department.
Parks staff requests that the Applicant consider the feasibility of a dedicated maintenance/storage
facility for the use by the Department in the Willoughby parking garage design. The purpose of
this facility will be for the storage of maintenance vehicles used for maintenance of Parks
Facilities located within the Core of Aspen.
Section 7: Skiin¢ & Snow Surface Conditioning and Maintenance Plan.
The final application shall include a proposed operating plan for ski azea operations on City of
Aspen park land that has been reviewed and approved by the Parks Department. The plan shall
include a requirement that Aspen Skiing Company, its successors or assigns ("ASC"), through
and by agreement, license, and/or easement with the Projects' owners and the City of Aspen,
regularly groom and maintain the snow conditions in the surface lift corridor from Willoughby
Park to the Lift lA Base Area Development Envelope. Typically the maintained snow base and
surfaces in the corridor shall consist of natural snow accumulation and at all times during the ski
season shall be subject to ASC's operatjonal management, controls and closures at ASC's sole
discretion for safety, functional and related reasons. However, subject to the physical
limitations of weather, temperature, and technical or mechanical constraints normally associated
with artificial snowmaking, grooming and snow management, ASC shall make, move, spread,
groom and prepare a base of artificial snow in the surface lift corridor at the beginning of each
ski season in accord with its annual snowmaking and terrain opening plan.
Section 8: Deep Powder Cabins
Community Development staff request the Applicant and the Aspen Skiing Company continue to
evaluate off-site options for rehabilitating and relocating the Deep Powder cabins pursuant to the
October 7, 2008, letter provided by the Aspen Skiing Company, attached as Exhibit C.
Section 9: Skiers Chalet Steakhouse and Lodge Buildings
Prior to redevelopment, the Skiers Chalet Steakhouse (a designated historic landmark) and
the Skiers Chalet Lodge (an "Ordinance 48" property) shall be maintained in a reasonable
state of repair by its owner. Periodic access shall be afforded the City's Historic Preservation
staff to view the condition of the buildings and to conduct follow up visits to ensure that the
resources are not becoming damaged through neglect.
Section 10: Aspen Winternational -Alpine World Cup
The final application shall include a plan that accommodates the annual Winternational event
operations during and after construction that is acceptable to the local FIS event coordinator and
the Aspen Skiing Company.
Section 11: Energv
The final application shall provide specific energy performance measures and commitments to
achieve LEED Gold certification. The final application shall include additional information
regarding the energy requirements for the snowmelt proposal for South Aspen Street and
City Council Reso No. 52,
Series of 2009.
Page 9 of 14
strategies to mitigate such energy usage. The Applicant shall present an analysis of options
ranging from snowmelting S. Aspen Street to utilization of mechanical maintenance and
removal. In the event the City of Aspen forms a renewable energy district, the Lift One Lodge
Project shall agree to join such district.
Section 12: Special Improvement District
The final application shall include additional information regarding the potential creation of a
Special Improvement District. To the extent the owners of the Lift One Lodge Project area elect
to form a Special District to fund, construct, operate and/or maintain certain of these subdivision
improvements and amenities, the details thereof shall be set forth in the Master Development
Agreement. The Agreement shall provide that in the event either the Lift One Lodge Project or
another project in the neighborhood is ready to proceed with its development ahead of the other
Project, then that Project shall have the right to proceed on its own to form the Special District
with the requirement that the other Project will join the Special District when it is ready to do so.
If the Special District chooses to issue bonds for purposes of constructing improvements, and if
the Special District has sold bonds sufficient in amount to cover the approved estimated cost of
accomplishing the improvements undertaken by the Special District, the City agrees that such
Special District funding shall be deemed adequate financial assurance from the Project owners
for such subdivision improvements. In establishing the boundaries of and the real property
interest to be included within the Special District, Lots 1 and 2 shall be included and all publicly-
owned property and facilities, including publicly owned underground public parking, and owner
occupied affordable housing units, shall be excluded.
Section 13: Measurements
Heieht Due to the nature of this site and consistent with the approach taken in the review of this
project, the maximum height for development within this project, shall be calculated and
depicted in the final application as the maximum distance possible measured vertically from
interpolated natural grade to the highest point or structure within a vertical plane. Architectural
and mechanical appurtenances including but not limited to elevator overruns, mechanical
equipment, antennas, chimneys, flues, vents, trellises, flag poles or similar structures shall be
separately depicted and not extend over ten (10) feet above the specified maximum height limit
and be limited to areas fifteen (15) or more feet from exterior wall edge or parapet.
Floor area Due to the nature of this site and consistent with the approach taken in the review of
this project, floor area shall be calculated as that floor space within the surrounding exterior
walls as measured from the outside face of structural sheathing. For any story that is partially
above and partially below interpolated natural grade, only the floor space above the point at
which interpolated natural grade crosses the subfloor elevation of that story shall be counted
towards floor area. The tabulation shall include a separate measurement for decks, balconies,
exterior stairways, gazebos, porches, landscape terraces and similar features.
Section 14: Reconstruction Credits
The following reconstruction credits have been verified by the City of Aspen and shall be
credited towards the Growth Management Quota System allotment and affordable housing
requirements of the Lift One Lodge Project.
City Council Reso No. 52,
Series of 2009.
Page 10 of 14
A. A total of 38 lodging reconstruction credits consisting of 20 lodge units in the former
Holland House Lodge; 10 lodge units in the former Skiers Chalet Lodge; and 8 lodge units in
the former Skiers Chalet Steak House shall be credited against the Lift One Lodge Project's
lodging GMQS allotment requirement. The 38 reconstruction credits shall equate to 76
lodging pillows for allotment purposes.
B. One free market residential reconstruction credit located in the former Holland House Lodge
shall be credited against the Lift One Lodge Project's free market residential GMQS
allotment requirement.
C. A commercial reconstruction credit of 3,374 square feet of net leasable area consisting of
2,429 squaze feet in the Skiers Chalet Steak House and 945 square feet in the Lift lA base
structure shall be credited against the Lift One Lodge Project's commercial GMQS allotment
requirement.
Section 15: Emaloyee Generation and Affordable Housing Requirement
The proposal exceeds the requirements for affordable housing mitigation based on proposed type
and intensity of uses. A recommendation from the Housing Board is required during final review.
Housing staff recommends that the affordable units at the lodge have assigned parking.
The Lift One Lodge Project will generate approximately 65 employees. The Project has
committed to provide affordable housing mitigation for 100 percent of the net additional
employees generated by the project. This exceeds the 60% requirement. The Project's employee
generation is as follows.
Lodge Bedrooms. The development of lodge units within the Lodge zone 34.5 Employees
district generates 0.5 employees per bedroom. The Lift One Lodge Project
contains 107 lodge bedrooms and has a lodge GMQS reconstruction credit of
38 bedrooms. The Project's 69 net new lodge bedrooms, therefore, will
generate 34.Semployees.
The Project's new net leasable commercial space of 5,613 square feet generates 18.4 Employees
18.4 employees
The Aspen Skiing Company's new net leasable commercial space of 1,574 4.9 Employees
square feet within the Project generates 4.9 employees.
The Project's net new four free market residential units will generate 7.0 7.0 Employees
employees
Total Em to ees Generated 64.8 Em to ees
Mitigation re uired at 100% 64.8 Employees
The Lift One Lodge Project's affordable housing mitigation shall be met with at least 40% of the
requirement on site. The remaining affordable housing shall be provided with mitigation units
within the Aspen Urban Growth Boundary. The Applicant reserves the right to submit an
Employee Staffing Plan to the City to develop accurate employee generation calculations.
Otherwise, amendments to the project prior to final approval shall use the above methodology for
City Council Reso No. 52,
Series of 2009.
Page I I of 14
calculating the affordable housing requirements. The final application shall include an agreement
to an employee generation audit two years after operations have commence and an agreement to
mitigate any shortage of employees or to obtain credits for any employee housing mitigation that is
in excess of the actual generated employees.
Section 16: Temporary Use for Affordable Housin>?
The Skiers Chalet Lodge and Skiers Chalet Steakhouse may be utilized as housing for working
residents during the pendency of the PUD Process. The temporary use as affordable housing
shall not affect a change in use in the properties subject to the PUD Application and shall not be
subject to the City's Housing Replacement Program. In additional, lodging and employee credits
associated with the Skiers Chalet Lodge will remain in effect while it is used for temporary
affordable housing.
Section 17: Ground Stability Monitorine
An inclinometer shall be installed within 6 months of the conceptual approval (dependent upon
ski area operation and weather limitations) and bi-monthly readings shall be provided to the City
through the review of a final application to analyze any slope movement. The final approval
may require continuation of the monitoring until or past issuance of a Certificate of Occupancy.
The Final application shall include additional information and evaluation on uphill conditions
including: off-site drainage, geo hazards, stability issues and groundwater mitigation. Additional
detailed comments are included in the Development Review Committee minutes of April 11,
2007.
Section 17: Sanitation District Requirements
Service is contingent upon compliance with the District's rules, regulations, and specifications,
which are on file at the District office. An upgraded main sanitary sewer line is necessary to
serve the proposed development; therefore a "Collection System Agreement" is required.
Section 18: Environmental Health Department
The state of Colorado mandates specific mitigation requirements with regard to asbestos.
Additionally, code requirements to be awaze of when filing a building permit include: a
prohibition on engine idling, regulation of fireplaces, fugitive dust requirements, noise abatement
and pool designs. Additional detail is provided in the Development Review Committee minutes
of April 11, 2007.
Section 19: School Lands Dedication and Impact Fees
The Applicant shall pay all impact fees and the school lands dedication assessed at the time of
building permit application submittal and paid at building permit issuance.
City Council Reso No. 52,
Series of 2009.
Page 12 of 14
Section 20: Conceptual Approval
Approval of this conceptual development plan does not constitute final approval or permission to
proceed with any aspect of the development. Approval of this conceptual development plan
authorizes the Applicant to submit an application for a final PUD development plan in
accordance with the City Council Resolution granting conceptual PUD approval. A final PUD
application shall be submitted within two years of the adoption of this resolution, unless
otherwise extended or exempted.
The Historic Preservation Commission previously granted Conceptual Approval for the
relocation of the Skiers Chalet Lodge and the Skiers Chalet Steak House. The Lift One Lodge
Project shall require final approval from the Historic Preservation Commission for both
relocations, limited to the extent of their purview, which shall be processed separately in
accordance with the provisions of Chapter 26.415 of the City of Aspen Land Use Code. The one-
year limitation on submission of a final development plan to the Historic Preservation
Commission and expiration of the Conceptual approval is hereby waived.
Section 21:
This Resolution shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the ordinances repealed or amended
as herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 22:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
FINALLY, adopted, passed and approved this 23`d day of November 2009.
Attest
Kathryn S.~~b,6ki City Clerk
Approved as to form:
_..---~
ofin P: Worcester, City Attorney
City Council Reso No. 52,
Series of 2009.
Page 13 of 14
Exhibit A - Property Descriptions
Exhibit B - Summary of Conceptual Approval
Exhibit C- October 7, 2008, Letter from Aspen Skiing Company regarding Deep Powder
Cabins
City Council Reso No. 52,
Series of 2009.
Page 14 of 14
__ _ _ ,,.
_- ----
Resolution No. 52, Series 2009
ExhibitA -Legal Descriptions
A. Property of Aspen Skiing Company
1. Land Under Contract 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 constnzction, 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 cleated,
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, and
TOGETHER WITH that portion of the alleyway for Block 10 vacated in Book 259 at
Page 83.
2. Land Area generally adjacent to and south of the Lift One Lodge Site:
That property owned by the Aspen Skiing Company extending generally to the south
from the southwesterly boundary of the Mountain Queen Condominiums, the southerly
boundary of Block 12, Eames Addition to the City and Townsite of Aspen, the south end
of the South Aspen Street Right-of--way and the southerly boundary of the Shadow
Mountain Condominiums to the southerly boundary of the City of Aspen.
B. Property of Roaring Fork Mountain Lodge -Aspen, LLC
Lots 12; 13 and 14, Block 8; together with that portion of the alley in Block 8 abutting
said lots, Eames Addition to the City and Townsite of Aspen, Eames Addition, City and
Townsite of Aspen (Skiers Chalet Steakhouse); Lots 5, 6, 7, 8, 9 and 10, Block 9,
together with Lots 4 and 11, Block 9, less the west 22 feet thereof, Eames Addition to the
City and Townsite of Aspen, and that portion of the alley in said Block 9 vacated by the
City of Asperi in Ordinance No. 4, Series of 2006, recorded April 11, 2006 under
Reception No. 522845 (Skiers Chalet Lodge); and Lots 1, 2, 13 and 14, Block 9, Eames
Addition to the City and Townsite of Aspen, together with that portion of the vacated
alley between Lots 1 and 14 and the west 20 feet of the vacated alley between Lots 2 and
13, Block 9, Eames Addition to the City and Townsite of Aspen (Holland House).
C. Property owned or maintained by the City of Aspen.
Willoughby Pazk:
Lots 1-14, Block 7 and Lots 1-3, Block 8 Eames Addition, City and Townsite of Aspen,
and that portion of Juan Street east of South Aspen Street between Blocks 7 and 8, Eames
Addition, City and Townsite of Aspen and that portion of the alley in Block 8 adjacent to
Lots 1, 2, and 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.
• Deane Street between Monazch and South Aspen Streets.
The alleyway between Lots 1, 2 and 3 and Lots 12, 13, and 14, Block 8, Eames
Addition, City and Townsite of Aspen (unopened).
• Gilbert Street west of Monazch Street.
• Hill Street west of Monazch Street (unopened).
• Summit Street west of Monazch 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).
Ordinance No 34, Series 2008 Page 2
Lift One Neighborhood M aster Plan
Exhibit B
to Resolution No. S2, Series 2009
Sununary of Conceptual Approval -Uses
Lot 1. Lift One Lode. The Lift One Lodge Project is a mixed use membership
lodge/whole ownership project consisting of 27 lodge units, 5 free mazket residential
units, affordable housing components, a maximum of 9,500 square feet of net
leasable commercial space and a maximum of 250 sub-grade parking spaces.
The Project's lodge component consists of one-bedroom, two-bedroom, three-
bedroom and four-bedroom suites. Each bedroom within the lodge component will
be sepazately keyed as a "lock-off' unit. For Growth Management Quota System
purposes, the Project's lodge component will contain a total of 107 keys or separately
rentable divisions.
The Project's commercial component consists of a public restaurant, kitchen and bar;
and vazious facilities for the Aspen Skiing Company, including, but not limited to, a
ticket sales azea, public/employee locker rooms, ski equipment sales, servicing, and
rental, other skier servicing facilities, etc. The public restaurant, baz and kitchen will
contain a maximum of 7,000 squaze feet of net leasable commercial azea. The Aspen
Skiing Company's facilifies will contain a maximum of 2,500 square feet of net
leasable commercial azea. The lodge will also include other guest service areas,
facilities and ancillary spaces and uses which aze not considered net leasable azea for
Growth Management Quota System purposes.
Lot 2. Skiers Chalet Steak House. The Skiers Chalet Steak House is a mixed use
commercial/affordable housing building which will contain approximately 1,050
square feet of net leasable commercial space on its ground floor and a total of 5
dormitory affordable housing rooms on its second and third floors housing ten
employees. An outdoor seating azea will be provided adjacent to the building. The
commercial space's net leasable azea shall be identified in the Lift One Lodge Final
Plan and individual Development Agreement.
The Lift One Lodge Development Agreement shall also include a list of permitted
uses for the commercial space, which list shall be derived from those uses permitted
within the (NC), Neighborhood Commercial, zone district.
Lot 3. Lift One Park. The utilization of the Lift One Pazk for skiing and open
spaces purposes with the allowance for below grade pazking as a part of the Lift One
Lodge.
Lot 4. Wi1louQhby Park. The relocation of the Skiers Chalet Lodge to Willoughby
Park as depicted in the site plan, and the use of the building for community purposes
including, but not limited to, a historical museum and ancillary affordable housing or
commercial space. There shall also be an entrance to the 50 public pazking spaces that
aze being provided within Lot L
Lift lA Base Area Development Envelone The Lift lA Base Area Development
Envelope for the uses, activities and improvements necessary, ancillary and incidental
to the development, function, operation and maintenance of winter and summer
recreation and a ski area base, including, but not limited to the following:
1. Skiing, snowboazding, and other, winter and summer recreational sports and
activities;
2. Ski and snow sports racing, competitions, demonstrations, other special events,
including supporting activities, facIlities, improvements and infrastructure;
3. Ski lifts and mechanized uphill transportation, including all related improvements
and equipment, such. as lift terminals, towers, platforms, supporting or retaining
walls and foundations, stairs, elevators, plaza spaces, lift mazing, housings, roofs,
and similaz structures, operator houses or lift shacks and storage;
4. Ticketing sales and all necessary and incidental commercial skier services
functions, facilities and equipment, including, but not limited to ski and
equipment rental, lockers, public restrooms, offices, ski school facilities,
emergency medical caze, and related activities and uses;
5. Making, clearing, removing, sculpting, grooming and maintaining snow and snow
surfaces, together with all the infrastructure, deep and shallow utilities, and
equipment and machinery necessary for performing the same, whether fixed or
mobile;
6. Motorized vehicle access, use, and pazking, including snow grooming equipment
as described above, as well as snowmobiles, emergency vehicles, wheeled
vehicles, automobiles, service and support trucks and other vehicles routinely
used ih the conduct and performance of mountain recreation, operations, services,
construction, supply, events and the permitted uses described herein or as
permitted by this Ordinance in the adjacent Projects and properties;
7. Operational, commercial, interpretive, and informational signage reasonably
necessary and/or incidental to the performance of other activities and functions
described herein;
8. Any and all customary activities, equipment, housings, structures, and functions
which may be necessary, appropriate, ancillary and/or incidental to the full use,
practice and enjoyment of skiing and other recreational sports and activities,
mechanized uphill transportation, and related business purposes and activities;
and
9. Installation, staging, construction, maintenance, alteration, repair, operation,
servicing, and replacement of all of improvements, structures, materials,
landscaping and/or equipment described or contemplated herein.
Parkin¢ Spaces and Parking Garage
The Lift One Lodge Project parking garage shall be considered an approved commercial
pazking facility. Miiumum parking spaces to serve the Project shall be identified in the
Development Agreement. Allocated spaces shall be identified on the Development
Agreement (or the Final PUD Development Plans attached thereto). Allocated spaces
shall not be sold or leased sepazate from the portion of the project to which they are
allocated. Unallocated spaces may be leased by the owners thereof on a daily or longer-
termbasis, or may be sold to third parties.
The parking spaces in the pazking garage shall be used for parking vehicles and accessory
storage (such as ski storage at the head of a pazking space), and shall not be principally
used for storage, trash containers, mechanical equipment, or other non-automobile related
purposes.
SNDWMASS ASPEN MDUNTAtN ASPEN HIGHLANDS BUITERMfLN
October 7, 2008
City of Aspen
Historic Preservation Commission
Via PDF
Re: Deep Powder Cabins
Deaz Commissioners:
ASPENC~SNOWMASSA
ASPEN SKIING COMPkNY
~~~
~i~t
Thank you for your work and deliberations related to the Lift lA COWOP
process. It has been an exciting endeavor with an important outcome. I am the Senior
Vice President of Aspen Skiing Company ('`ASC") and authorized to make the
commitments set forth in this letter.
In connection with the redevelopment of the IA area, it will be necessary to
relocate the Deep Powder cabins which have been temporarily stored on the site. The
Deep Powder cabins aze not currently designated historic structures. ASC is willing,
strictly as an accommodation, to endeavor to utilize one of the cabins as a lift shack at the
bottom of the relocated 1 A lift provided that necessary mechanical and electrical
equipment for the lift will fit in the structure. ASC is also willing to attempt to locate one
other Deep Powder cabin somewhere within the boundary of Aspen Mountain Ski Area
as a picnic and warming structure, in a location to be determined. Both of these uses aze
subject to review and approval by local jurisdictions and potentially the United States
Forest Service.
ASC will not accept the Deep Powder cabins if they aze historically designated.
If the proposed uses are approved by governmental units having jurisdiction, ASC will
utilize the cabins for approved uses and maintain them in serviceable condition. In the
event ASC, in the future, determines to either significantly modify or demolish either of
the cabins then in use, ASC wi13 give the Historic Preservation Commission staff at least
ninety days advance notice of such plans. ASC will give the City of Aspen the
opportunity to remove and relocate the cabins within such ninety day period, at the sole
expense of the City. If the City does not exercise such right to remove the subject cabin
then ASC shall have the right to modify, relocate or demolish the subject cabin in its sole
discretion.
If the terms of this proposal aze accepted by the Historic Preservation
Commission and the City, ASC will relocate the cabins in the Spring or Summer of 2009.
Please feel free to call with questions or for further discussion.
Very tru urs,
Davt . Be
Senior Vice President
P.0. Box 1246
Aspen, CO 636124248
910.925-1220
NWN.85p 877801118755.6081
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SN6WMASS ASPEN NtOUNTAIN ASPEN HlGFfl.ANDS BUTfERMlLK
General Counsel
cc:
P.O. Boz 1248
Aspen, CO 81812.1248
970-925.1220
www.aspensaowmass.eom
Bob Daniel
John Sarpa
Peter King
David Corbin
ASPENC~SNOWMASS_
ASPEN SKtlNG COMPANY
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