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CITY COUNCIL AGENDA
December 03, 2018
5:00 PM
I. Call to Order
II. Roll Call
III. Scheduled Public Appearances
IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues
NOT scheduled for a public hearing. Please limit your comments to 3 minutes)
V. Special Orders of the Day
a) Councilmembers' and Mayor's Comments
b) Agenda Amendments
c) City Manager's Comments
d) Board Reports
VI. Consent Calendar (These matters may be adopted together by a single motion)
a) Minutes - November 26, 2018
VII. Notice of Call-Up
VIII. First Reading of Ordinances
IX. Public Hearings
a) Ordinance #26, Series of 2018- Renewable Energy Mitigation Program Code
Changes
b) Lift One Corridor Project (Continuation from 11/26/18)
(b 1) Ordinance #38, Series of 2018 - Lift One Lodge - Major Amendment
(b 2) Ordinance #39, Series of 2016 - Gorsuch Haus Planned Development
X. Action Items
XI. Adjournment
Next Regular Meeting December 10, 2018
COUNCIL’S ADOPTED GUIDELINES
· Make Decisions Based on 30 Year Vision
· Tone and Tenor Matter
· Remember Where We’re Living and Why We’re Here
COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M.
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CITIZEN COMMENTS ............................................................................................................................... 2
CITY COUNCIL COMMENTS ................................................................................................................... 2
CITY MANAGER COMMMENTS ............................................................................................................. 2
CONSENT CALENDAR ............................................................................................................................. 2
Resolution #150, Series of 2018 – 517 E Hopkins Contract Termination ............................................ 2
Minutes – November 12, 2018 .............................................................................................................. 2
SERIES OF 2018 – Renewable Energy Mitigation Program Code Changes ............................................... 3
ORDINANCE #36, SERIES OF 2018 – Fall Supplemental Budget – ACI ................................................. 3
ORDINANCE #35, SERIES OF 2018 – Fall Supplemental Budget ............................................................ 3
ORDINANCE #40, SERIES OF 2018 – 2019 Fees ..................................................................................... 3
ORDINANCE #34, SERIES OF 2018 – Changes to Title 24 of the Motor Traffic Code ............................ 4
ORDINANCE #28, SERIES OF 2018 – Amend Title 25 – Utilities ............................................................ 4
ORDINANCE #38 SERIES OF 2018 – Lift One Lodge – Major Amendment and ..................................... 4
ORDINANCE #39, SERIES OF 2016 – Gorsuch Haus – Planned Development ........................................ 4
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At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Hauenstein, Frisch
and Mullins present.
CITIZEN COMMENTS
1. Tom Marshall said the issue of salt and mag chloride needs to be revisited. He doesn’t know of
any other town that has banned mag chloride.
2. Toni Kronberg said it is premature for council to pull the 517 contract termination. There are no
time deadlines. Jim True, city attorney, said there is a time deadline, 3.5 million dollars are at
risk. Ms. Kronberg said you still have until December 3rd. I was in favor of Option A. The
campaign was going great then a lot of fake facts came out. She said the fact sheet shows no
building on open space. She also said Taster’s is not guaranteed. She said the statement of facts
option would be a good one, but it is not what is in ordinance 4. Mr. True said council should not
react to the numerous misstatements.
CITY COUNCIL COMMENTS
Councilman Hauenstein sad there are a lot of things to be thankful for. Number 1, we didn’t suffer what
the Camp fire people did.
Councilwoman Mullins said she hopes everyone had a good Thanksgiving and got to go skiing this
weekend. She asked Jim to give us an update on the Red Brick. Mr. True said referring to the criminal
proceedings with Ms. Callan, it is scheduled for arraignment on January 7th. It will be an opportunity for
her to enter a plea. We are staying in touch with the district attorney. This is proceeding through the
legal process and prosecution. Councilwoman Mullins said we will be looking at the Bleeker Street
sidewalks January 8th. The Castle Creek bridge celebration will be on Tuesday. It should be fun.
Congrats to Phillip Supino, planner, he was appointed to represent the city on the complete census count
committee making sure we do our part in a good census.
Councilman Frisch hopes everyone had a great Thanksgiving. Thanks to the Hickory House for
sponsoring the lunch and Evan Vardy and the Jerome for feeding everyone on Tuesday. We are all very
lucky to live here.
Mayor Skadron said the Castle Creek bridge was a little project we did this year. We want to share a
community appreciation event. Tuesday at 3:00 will be a hot cocoa event at the 8th Street bus stop.
CITY MANAGER COMMMENTS
Steve Barwick said it was a great Thanksgiving. He is astounded how well this town switches from
summer to winter.
CONSENT CALENDAR
· Resolution #150, Series of 2018 – 517 E Hopkins Contract Termination
· Minutes – November 12, 2018
Councilman Frisch moved to adopt the consent calendar; seconded by Councilman Hauenstein. All in
favor, motion carried.
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ORDINANCE #26, SERIES OF 2018 – Renewable Energy Mitigation Program Code Changes
CJ Oliver, environmental health, stated back in 1999 when REMP was created there were shared city and
county building departments. They are now separated. The fees are collected by the city but are held
separately. Moving forward, they will be collected separately. Currently the code states for the city to
spend the fees we are required to have county approval. This is left over from when we shared a building
department. Staff is recommending no longer needing county approval.
Councilwoman Mullins said the program won’t change in any way. Mr. Oliver replied correct. The
intent to fund CORE remains the same. Councilwoman Mullins asked if the change has been coordinated
with the county. Mr. Oliver stated he has met with county staff and CORE and they do not have
objections.
Councilman Hauenstein said this is a housekeeping matter. Mr. Oliver agreed.
Councilwoman Mullins moved to read Ordinance #26, Series of 2018; seconded by Councilman
Hauenstein. All in favor, motion carried.
ORDINANCE NO. 26
(SERIES OF 2018)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO AMENDING
CHAPTER 8 OF THE MUNICIPAL CODE TO REMOVE THE REQUIREMENT FOR PITKIN
COUNTY BOARD OF COUNTY COMMISSIONERS APPROVAL TO SPEND CITY OF ASPEN
RENEWABLE ENERY MITIGATION PROGRAM (REMP) FUNDS.
Councilman Frisch moved to adopt Ordinance #26, Series of 2018 on first reading; seconded by
Councilman Hauenstein. Roll call vote. Councilmembers Mullins, yes; Hauenstein, yes; Frisch, yes;
Mayor Skadron, yes. Motion carried.
ORDINANCE #36, SERIES OF 2018 – Fall Supplemental Budget – ACI
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Councilman Frisch moved to adopt Ordinance #36, Series of 2018; seconded by Councilwoman Mullins.
Roll call vote. Councilmembers Hauenstein, yes; Frisch, yes; Myrin, yes; Mayor Skadron, yes. Motion
carried.
ORDINANCE #35, SERIES OF 2018 – Fall Supplemental Budget
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Councilman Frisch moved to adopt Ordinance #35, Series of 2018; seconded by Councilwoman Mullins.
Roll call vote. Councilmembers Frisch, yes; Hauenstein, yes; Mullins, yes; Mayor Skadron, yes. Motion
carried.
ORDINANCE #40, SERIES OF 2018 – 2019 Fees
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Councilmember Mullins moved to adopt Ordinance #40, Series of 2018; seconded by Councilmember
Frisch. Roll call vote. Councilmember Mullins, yes; Frisch, yes; Hauenstein, yes; Mayor Skadron, yes.
Motion carried.
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ORDINANCE #34, SERIES OF 2018 – Changes to Title 24 of the Motor Traffic Code
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Councilwoman Mullins moved to adopt Ordinance #34, Series of 2018; seconded by Councilman
Hauenstein. Roll call vote. Councilmembers Hauenstein, yes; Frisch, yes; Mullins, yes; Mayor Skadron,
yes. Motion carried.
ORDINANCE #28, SERIES OF 2018 – Amend Title 25 – Utilities
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Councilman Frisch moved to adopt Ordinance #28, Series of 2018; seconded by Councilman Hauenstein.
Roll call vote. Councilmembers Frisch, yes; Mullins, yes; Hauenstein, yes; Mayor Skadron, yes. Motion
carried.
ORDINANCE #38 SERIES OF 2018 – Lift One Lodge – Major Amendment and
ORDINANCE #39, SERIES OF 2016 – Gorsuch Haus – Planned Development
Jennifer Phelan, community development, said we would like council to consider site planning, uses,
employee generation, cost sharing proposal and get your initial thoughts. She suggesting a quick
overview followed by public comment.
Jim DeFrancia, representing Gorsuch Haus, stated the initial filing was in 2016 calling for a new lift and a
new hotel. The request of ours didn’t call for anything from the public sector. That only came about
when a private developer entered the project. When the question of could you bring the lift down, our
answer was we alone could not do it because we did not control the land down below. Once all the
parties came together the scope changed. This is not business as usual. This is a unique project with the
significant component of public interest of the lift driving it.
Michael Brown, owner of Lift One Lodge, said it is a misnomer to call it cost sharing. It should be public
investment and the best investment the city could make. The plans for affordable housing are fully
meeting the land use code. They are using an incentive in the code to meet another community goal
which is more lodging. With respect to height, the project is no taller than what was approved and is less
floor area. It is worth keeping an eye on the positive benefits these projects will bring to the community.
They will bring a wide open second portal, public base bringing year round vitality, revitalized area with
new restaurants, restoration of historical assets, year round access to the mountain, new lift, potential
revitalization of Ruthies, public parking and lockers, increased lodging in the right location. We have
considered lift first and everything around it second. We are continuing to work with our neighbors on
the east building profiling and massing.
Mayor Skadron said the cost sharing will be a big issue. Generally speaking, the notion around fee
waivers, used as an incentive for developers to spur growth. Why should they be embraced in a
community that shuns growth. Mr. Brown said in this area, my understanding from the memo is there are
considerable city desires and needs that you have to prioritize. The money generated from these projects
will be considerable. The things we are asking for are public things that will be a benefit for the
community and things we think people will want to support. Mr. Defrancia said he is not certain growth
is the issue here. We are talking about replacement of a declined bed base. We are talking about tourism
and our bed base. Our economy diminishes with a declining skiing industry. M. Brown said Airbnb is
becoming more of an option for people coming here. I think that has a decline for people living here too.
Mayor Skadron asked how do you argue the necessity of these projects when we are as busy as we can be
during peak. Mr. Defrancia said that is the character of a tourist venue at its height. To sustain that
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tourist economy requires being contemporaneous with the quality of the amenities you are offering. Mr.
Brown said we are asking that the fees we pay be spent right there and go to the front of the line. It is
hard to manage the city budget one year at a time.
Mayor Skadron opened the public comment.
1. Bill Stirling said we have always been a ski town, still are and always will be. One aspect of that
is being the sponsor of the highest quality skiing in the world. The Lift One area will always be
where FIS and great ski races are held. The more cooperation with development the better. I
think it is high time something happens in that area. The issue of cost sharing versus investment
is key. Time is of the essence here. Consider a participation of some kind that works in balance
and more sooner rather than later.
2. Kelly Murphy said history matters. We have things that should be shared with the community
but not a place to display them.
3. Jacqueline Ruger Hutton, historical society executive committee, said the museum is a benefit to
the community. We must receive the skier chalet in a white box condition. We need 3,000
square feet of display space. The AHS will finish and operate the space. AHS has not asked the
city for any funding for the museum.
4. Jeremy Oates said he think this will be a vibrant space for the community. As a skier and an
Aspenite it brings everything that I would want to see. It is a great project. The museum would
be great.
5. Lex Tarumianz, said Aspen is a world class town and resort. It takes vision and partnership to do
things like this. There are few people who will walk up this part of the mountain in March. We
are a would class resort and selling ourselves short if we don’t do this. We will have new lodging
and the kind our guests like. This is an opportunity for Aspen, visitors and locals our resort
deserves.
6. Paul Taddune, attorney for lift one condo association, said they are in strong support for this
project. The current plan calls for Dean to be one way from Aspen to Monarch. 33 unit owners
are all here with me supporting the project. It brings vitality. Sales tax generation, harmony of
area as to what it is now, ability to stage for events and all they go with them. This is a bridge
and a portal not only in winter but in the summer. It balances out the community. We are also in
support of the museum. Think big, go with quality. The community will weigh in. This doesn’t
generate growth it generates quality.
7. Peter Fornell said the lodge incentive program exists for a reason. They will have an amount of
affordable housing they will have to mitigate for but that is just the beginning. They will collect a
lot of taxes a portion of which goes to affordable housing. They will continue to contribute to the
program and bring a lot of dollars in. I know they will pay their way. That should be part of the
decision.
8. Galen Bright, lives next to project, president of South point HOA. He said most owners support
the project, but he is concerned about certain aspects. All the planning to date for Dean Street
have been for a pedestrian corridor. Making Dean Street auto centric is a concern. He thinks the
garage entrance location should be moved. The traffic studies should have addressed the
additional traffic created. He asked that the story poles remain up. He thinks the steakhouse is
better used as a steakhouse than affordable housing.
9. Reubin Sadowskis said he loves that side of the mountain and it is exciting to see life brought
back to it. It would be great to see something there.
10. David Guthrie said at some point we’ve got to get going and get back on the world cup calendar.
To go from mud and a torn down lodge to this, of course it is going to be more activity. At some
point we have to say let’s move on. Let’s subsidy something that will give a huge return.
11. Phyllis Bronson said she is not opposed to the right project there. the architecture on Gorsuch has
become rather lovely. There is something missing in this for me. The historical society does a
great job, but I don’t see the value of having a museum on that site. I agree with what Steve
Barwick said. I think history belongs at the library or the historical society. That is too valuable
real estate.
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Mayor Skadron closed the public comment.
Stan Clauson, representing Lift One, responded to questions raised at the prior meeting. This has not
been a rushed process. Even though we have a deadline with the election in March. We have had work
sessions with council, meetings with P&Z, HPC and Open Space. There are tremendous benefits to the
community. Financial, transfer and lodging tax estimated at 29 million over 10 years. On affordable
housing mitigation, the total requirement is 57.16 per the land use code. Ordinance 31 of 2016 provided
the mitigation percentages, including incentives and reductions. With these it could be reduced to 46.11
FTEs. Employee generation review request is provided by the code to incentivize lodge development.
Based on shared staff and infrastructure for lodge and residential, it is subject to an audit after two years.
Previously approved access was off of South Aspen Street. The alternative proposed access in on Dean
Street. It is least impactful and most efficient for internal services. It is 9,000 cubic yards less
excavation. Easiest access for public parking and direct access for project loading. The one way
condition of Dean results in a slightly narrower street and an additional sidewalk. Is snowmelt needed on
South Aspen Street. The street was rebuilt in 2017 to engineering standards. Heated sidewalks on both
sides of the street benefit pedestrians. On street parking is removed. Less traffic than the previous
approval is anticipated with the Dean Street garage entry. Similar conditions exist on many Aspen streets.
Snowmelt is an issue from an environmental perspective. Alternate accesses were considered and ruled
out for various reasons. Height studies. Interpolated grade was used for the previous approvals. 47.5
was the highest grade in the previous approval. The proposed core is no more than 10 feet above the
approved height or 57.5 feet. The west building had an approved height of 53.3 feet with 10 feet over that
for elevator over runs. The actual buildings fit well into the landscape. Dimensional comparisons, the
buildings are slightly larger. 202,000 square feet versus 199,000. The floor area is different based on
how it was measured in previous approvals.
Councilwoman Mullins asked when were the original approvals. Mr. Clauson replied 2011 then there
were subsequent approvals in 2016.
Councilman Hauenstein said for the record, I was absent for the first meeting. I have viewed that meeting
and read all the materials. I feel I am up to speed and ready for full participation.
Councilwoman Mullins said she is confused about the parking configuration. Where will the parking be
for the free market units. Mr. Clauson replied all parking is accessed off of Dean Street. The free market
and lodge parking is part of the subgrade and to the south of the public parking.
Councilman Hauenstein asked are all the lodge and free market parking valet serviced. Mr. Clauson
replied yes.
Councilwoman Mullins asked about the pull in parking on Gilbert for cascade townhomes. Will that stay.
Mr. Clauson stated none of that will change. Councilwoman Mullins said for the employee mitigation,
are you still proposing part in cash in lieu. Mr. Clauson said that would require council approval. We are
not proposing that at this time.
Councilman Hauenstein said the original agreement had Lift One Lodge responsible for all of the skier
chalet finish. The new proposal has 1 million form Lift One Lodge and the rest from the city. Mr.
Clauson replied it is one million from us and one million from Gorsuch Haus.
Councilwoman Mullins asked if you will keep the cottonwoods on Gilbert Street. Mr. Clauson replied we
have a tree plan. He is not sure on those trees. He believes they are part of the vacation of Gilbert street
that would go to the park. There are significant tree removals and replantings that would be required.
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Councilman Hauenstein said between the two structures that is a lot of dump truck loads. Is all of that
going to the landfill. Mr. Clauson said that needs to be resolved. We’ve had some discussion with the
skiing company if they could use some of the fill. We’re trying to find meaningful use for the fill.
Councilman Hauenstein said Gorsuch is proposing to use double loaded dump trucks. Does the bridge
support that. Trish Aragon, city engineer, said the castle creek bridge does not have a weight restriction.
It can handle it.
Councilman Frisch said it is fair to say that these are community investment asks not cost sharing. I’m
trying to get this across the finish line and voted on as soon as possible. I’m a little worried about how
much it is going to pass by. I see a few aspects including what is the role of this council. We have the
ability as a council to decide what gets voted on. I think we have the ability about what to put to the
voters. On sequencing, what type of assurances can we and should we ask for if things go upside down.
People can use the lift without the hotels. We have an affordable housing waiver discussion happening. I
want to acknowledge that it is in the code. At the end of the day I don’t think the developers care where
the breaks come from just that there is an adjustment in fees. The city has many different buckets that
money goes in to. I’m going to put affordable housing funds as the most important. As soon as people
start asking for millions of dollars there are two scenarios they are asking for. I’m wondering if it is
going to get done without paying for it. There has to be some acknowledging of questioning it now. I
appreciate the city’s yardstick doesn’t always make sense to the layperson. This is not a typical
development project.
Mr. Brown said we were half way done with our entitlements when we heard the call to bring the lift
down. Which we’ve done. The viability of the project often gets overlooked. We’re seeking a project
that can be built.
Richard Shaw, representing Gorsuch, said the conservation zone was not a zone created around full on
preservation. It is more of a holding zone. Fully used for skiing and on the edge. There have been
projects that have changed this zoning including the Little Nell gondola and the hotel. What remains on
lot 2 remains in the conservation zone as skiing uses. There are 6 acres in the city limits. There is a
request for a special density bonus. There is a request to increase from 500 square feet to 550 square feet
per unit under special review. Employee generation special review is seeking approval of discretionary
credit towards the free market component. This project is more lodging than required by code. Lodge
staff will take care of the free market functions with no additional FTEs. The request is to effect 4.5 FTEs
by asking for this credit against the efficiencies. Sustainability measures include the possibility of solar
on the eastern side of the building. We also looked at green roofs for a portion of the roofs. We are
prepared to commit to the standard of a LEED project. Construction sequencing still requires quite a
number of additional reviews prior to the start of construction.
Councilman Frisch questioned about how much if any future development could occur if it changed from
conservation to ski base. Is the plan if this were to go through, this will this be the only development and
no future. Mike Kramer, community development, said lot 1 will contain the Gorsuch Haus lodge. Lot 2
will remain within the conservation zone and still have development rights of a single family
development. Staff has proposed language that would contain a plat note restricting future development.
Councilman Frisch said to a lot of people in the community what is done is done. If there is the ability 5
or 10 years down the road the community should know that. Mr. True said you can and the applicants are
willing to offer protections to offer no further developments without council consent. A future council
can always change that with an applicant’s request. The public vote in intended to approve the rezoning
from conservation to lodge. It is subject to referendum. They are willing to put restrictions on lot 2.
You have to acknowledge that no matter what restrictions are on it, a future council and applicant can
remove that. Councilman Frisch asked can we vote on that then it would have to go to the voters to
change it. Mr. True said I would have to consult with them to see if we would be able to require a change
by an election. If they are willing to do that we can look at it. Sterilization is hard because things can be
reversed. Can we do it so it can only be reversed by a vote, we can look at it.
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Mr. Shaw said there is a single parcel as part of the subdivision that is proposed. What we have proposed
is to eliminate that possibility through a plat note. That seems to be a high level of protection. It would
not be a guarantee however.
Councilwoman Mullins said the FAR is not represented in what we are seeing now. Mr. Shaw said there
is not an FAR being transferred. The rezoning would establish a zone district. The FAR would go to lot
1. The conservation zone would require a very large lot size to generate the FAR. It does allow under the
land use code to have development rights simply because it is a parcel.
Mayor Skadron asked for an explanation of the conservation zone. Mr. Kraemer read the definition of the
zone district.
Councilwoman Mullins said council’s role is to determine what does the city need in terms of
development. We need to control the growth. Where does development need to happen. What areas of
town need to be reactivated. This project is doing that. It is creating a whole new city park. It is
providing the lodging we need. It is improving the infrastructure we need. It is providing the employee
housing we need, currently and in the future. It is supporting the historic ski hill and historic legacy of
the city. We need to take a look at the whole thing. I wish that the Lift One Lodge is not as big as it is.
I’m concerned about the conservation district and wouldn’t want a single family home up there. In
general, I think the cost sharing makes sense but there are some areas that need tightened up. We need to
come up with the best project we can and convince the voters. If we are behind it we need to work out
some of the details so it will get passed. I think the Gorsuch is extremely successful.
Councilman Hauenstein said ultimately if this gets approved I want people 50 years from now to say that
council had wisdom in their decision. It is a huge commitment that has huge impacts. We have to honor
the vested rights. It is a process of give and take. I don’t want too much of the take to be landing on
work force housing. The lift one corridor impacts the entire community. I believe Aspen Street needs to
be snow melted. I also wants a part of Dean Street that will be in shadow most of the year snow melted as
well. These lodges will create employees and the need for employees. Holistically we can’t just limit
the impacts to a few blocks, it impacts the whole town.
Mayor Skadron said regarding the general site plan, is there any objection to what has been proposed.
Council – no
Mayor Skadron said regarding height, massing and scale, there has been some pushback on this. Jen, you
raised this issue a few times. See if the development team can go back and do anything else or come back
and say this is our project.
Councilman Hauenstein asked to find an elevator return that can knock off a few feet. The west building
is a very large building anyway.
Councilman Frisch said he is fine with the overall FAR size and shape of Gorsuch. His preference would
be to see a smaller Lift One Lodge. If there is a way to reduce some mechanical that’s great.
Mayor Skadron said the St. Regis is approximately 234,000 square feet and the North of Nell is
approximately 200,000. Are you comfortable looking up the mountain and seeing another St. Regis.
Councilman Frisch said I would love Norma to come and build 3 or 4 Snow Queens but it’s not going to
happen. Councilwoman Mullins said I think the Gorsuch design is very successful. Lift One has quite a
bit of impact. Remember it will be going to a vote. Reducing the size will present better to the voters.
Mayor Skadron said the reality is it is an enormous development going on the side of the mountain. Are
you comfortable building 300,000 square feet on the side of the mountain.
Councilman Hauenstein said it is hard to argue with someone getting emotional with a 300,000 square
foot development. But the rest of the world is moving around us. In order to be a competitive product, I
think I can make that sacrifice. This is the only place it can work. It doesn’t work on Hopkins or the base
of shadow mountain. I cringe at the size of the west building of Lift One Lodge. If that is what we have
to have to get the whole project to work. Now we have what we asked for and have it in front of us.
Change is inevitable. The life of Aspen depends on the western portal being a viable base area.
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Mayor Skadron said the reason I’m pushing this is we are outside the normal process and I want to make
sure it is given the proper scrutiny. Councilman Hauenstein said I don’t want to feel we are on a time line
or rushed to get it on a ballot by March. I don’t feel that pressure.
Councilwoman Mullins said there are trade offs. What we’ve got, the foreground of both those projects is
three really important historic resources. The impact of the larger lodges behind them may not be as
great.
Councilman Frisch said I think the trade offs and both projects will be large. It will take some amount of
time for the community to digest them. It is a great place for lodging. I’m not sure where else in town we
are getting lodging. I think the view planes are protected. I think most people in the community will be
willing to make the tradeoffs.
Mayor Skadron said I think something should get done here. There is general census around the height,
mass and scale as to what has been proposed.
On the cost sharing matter, Mayor Skadron said he is concerned about how much the community has to
take on specifically as it related to cost sharing and these fees. Asking the city to dedicate these funds is
clever wording. It is real money that comes out of the city coffers and tax payers pockets. I don’t believe
the museum should be seen as a burden. It is an opportunity to shed costs and add value. The lift adds
value. Moving the skier chalet adds FAR and adds value. I want to fight against excess. Added
development to an already enormous development. We are subjecting this approval to a negotiation.
Shouldn’t all aspects of the project be subject to negotiation. I don’t believe the community should give
any dollars away.
Councilman Frisch said there is also an affordable housing ask that is part of the code. They are not
asking for anything more than what is in the code. Staff support on Gorsuch to add extra and capture by
right. I’m happy to support that. Ms. Phelan said there are two components for this incentive. Minimum
lodge unit for square footage of the lot. 1 unit per 500 square feet. The other component is the average
key size. The smaller the unit size the greater incentive or reduction in mitigation. Councilman Frisch
said one method is to strike all the financial asks. Mr. Brown said this memo is not familiar to me. We
don’t agree with the ask number that is represented here. Councilman Frisch said the applicant is saying
there is affordable housing waivers that are part of the code and we are meeting those. We are stuck that
it is in the code, but affordable housing is the last thing we want to give up. There is another category of
asks, specific obligations that Lift One Lodge purchased with their development tied into the historic
society. Mr. Brown said with respect to the dollar amount it is closer to half. The numbers we are
working off of are 3.5 million for the ski museum and 1.1 million for Dean Street. We never knew the
ask for the restrooms. The snow melting is the same. We didn’t ask for snow melting. Councilman
Frisch asked is there snow melting for any of this. Mr. Brown replied only the sidewalks. We didn’t ask
for any of it. We didn’t present any of these figures. Councilman Frisch said to me there is a difference
to what obligations someone bought and what is being asked. Ms. Phelan said the big changes from the
Lift One Lodge approvals are the skier museum and the extend of changes on Dean Street. Councilman
Frisch said originally Dean Street wasn’t the focal point. How much is the Dean Street. Ben Anderson,
community development, replied the estimate is around 1.2 million. There is some monies from a
previous development. The original number was 850,000. Mr. Brown said another thing I’ve discussed
with Kelly and the AHS are additional costs beyond what we are talking about. We’ve agreed we would
handle any obligations beyond those. We are the ones building it and we understand we have to deliver
it.
Councilman Frisch asked what is the know reduction dollar amount in FTEs. What is the historical
society ask. My initial notion is to keep the historical society with the people who bought the approvals.
The third bucket is everything else.
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Regular Meeting Aspen City Council November 26, 2018
10
Councilwoman Mullins said we have to remember, we asked them to come to the table and redo the
projects so they would work for the city. The historic element is really important to that. The city should
be a financial partner. I would like to see more exact figures that everyone can agree on. We are getting
an enormous asset from this.
Councilman Hauenstein said it makes more sense to define what has to be done. Snow melt needs to be
done, affordable housing needs to be done, the ski museum needs to be done. Who pays for it. What
hasn’t been discussed is a special tax district. Mr. True said at some point there would have to be a
TABOR type of election. Councilman Hauenstein said if the developers can’t pay for all the
improvements than a special district is appropriate. Lift One Lodge could have been built with their
existing approvals without bringing the lift down or preserving the bull wheels. I do agree that the city
can share in it but don’t think we should take all the burden of it.
Mr. Brown said cash in lieu gives us heart burn too. I would like to produce units. The issue is more of a
timing thing. I could commit to delivering the certificates. I have to find something to produce the units.
I bought housing because my employees need it. If that is a bothering point I’ll produce the housing.
Councilman Frisch said with cash in lieu the number is lower that what it takes to produce a unit. The
number is too low. The other issue is it just doesn’t get built quick enough. Mr. Brown said I share your
concerns about housing. Councilman Hauenstein said I agree with the APCHA suggestion.
Councilwoman Mullins moved to continue Ordinance #38, Series of 2018 to December 3, 2018; seconded
by Councilman Frisch. All in favor, motion carried.
Councilman Frisch moved to continue Ordinance #39, Series of 2016 to December 3, 2018; seconded by
Councilman Hauenstein. All in favor, motion carried.
At 10:10 p.m. Councilman Hauenstein moved to adjourn; seconded by Councilman Frisch. All in favor,
motion carried.
Linda Manning
City Clerk
P11
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Page 1 of 2
MEMORANDUM
TO: Mayor and City Council
FROM: CJ Oliver, EHS Director and Pete Strecker, Finance Director
THRU: Sara Ott, Assistant City Manager
DATE OF MEMO: November 13th, 2018
MEETING DATE: December 3rd, 2018
RE: Ordinance #26, Series of 2018 - Revision to the City of Aspen Municipal Code
Chapter 8, Renewable Energy Mitigation Programs
REQUEST OF COUNCIL: Staff is requesting that Aspen City Council consider a revision to
the Aspen Municipal Code that would remove the Pitkin County Board of County
Commissioners approval requirement for the use of City’s collected renewable energy mitigation
program (REMP) fees.
BACKGROUND: The REMP program was created in 1999 to offset the energy use impacts
associated with the installation and operation of high energy consumption items such as
snowmelt, outdoor pools and outdoor spas in Aspen and Pitkin County. Applicants proposing to
install one of these items were required to either provide onsite mitigation by way of renewables
such as solar or pay into a fund designed to support the installation of renewable energy
resources in the community.
Since its inception, the city community development department has collected REMP fees for
both the City of Aspen and Pitkin County building projects. This shared collection was remnant
of when the City and County shared a single building department. Beginning in 2019 the City
and County will each collect and hold their REMP dollars separately. With this change, it is no
longer necessary for the County to approve the expenditures of the fees paid for development
projects within the City limits.
DISCUSSION: With the separated structure for collecting and administering REMP dollars that
will begin in 2019, staff recommends that Aspen City Council revise the Aspen Municipal Code
Chapter 8, Appendix CA and Appendix RC, Sections 102 which currently read in part:
All monies collected pursuant to this section shall be recorded in a separate fund by the City
Finance Director and shall be spent in accordance with a joint resolution by the Aspen City
Council and Pitkin County Board of County Commissioners.
P12
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Page 2 of 2
To read:
All monies collected pursuant to this section shall be recorded in a separate fund by the City
Finance Director and shall be spent in accordance with a resolution by the Aspen City Council.
In making this revision, the Aspen City Council would eliminate an unnecessary step and allow
the City to spend its REMP dollars as directed by City Council. This would foster focusing on
City identified priorities and projects that are in accordance with the stated goals of REMP.
FINANCIAL/BUDGET IMPACTS: There are not financial impacts to the code amendment.
Further, this change does not change the City’s commitment to funding the Community Office
for Resource Efficiency (CORE) through annual appropriations.
RECOMMENDED ACTION: Staff recommends that Aspen City Council revise the Aspen
Municipal Code Chapter 8, Appendix AC and Appendix RC, Sections 102 to remove the
requirement for Pitkin County BOCC approval to spend City of Aspen REMP fund dollars.
ALTERNATIVES: Aspen City Council could elect to leave the Aspen Municipal Code
Chapter 8, Appendix AC and Appendix RC, Sections 102 as it currently reads and leave in place
the requirement for Pitkin County BOCC approval to spend City of Aspen REMP fund dollars
PROPOSED MOTION: “I move to approve Ordinance # 26 Series 2018.”
CITY MANAGER COMMENTS:
ATTACHMENTS:
Attachment 1- Ordinance 26, Series 2018
P13
IX.a
Ordinance NO. 26
(Series of 2018)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO AMENDING CHAPTER 8 OF THE MUNICIPAL CODE TO
REMOVE THE REQUIREMENT FOR PITKIN COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVAL TO SPEND CITY OF ASPEN RENEWABLE
ENERGY MITIGATION PROGRAM (REMP) FUNDS
WHEREAS, The City of Aspen and Pitkin County have and will continue to
collaborate on energy use mitigation through the renewable energy mitigation
program (REMP);
WHEREAS, in 2019 the City will cease collection of Pitkin County’s REMP fees and
the County will begin to collect and administer its REMP fees directly; and
WHEREAS, The City of Aspen desires to continue to focus its energy mitigation
efforts within the City and utilize REMP fees for these activities;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1:
Chapter 8 of the Municipal Code of the City of Aspen, Colorado, Appendix CA section
102 and Appendix RC section 102 are hereby amended to read as follows:
Appendix CA “Commercial Energy Mitigation Program”
Section 102 Payment Option. The CREMP payment option is the difference in energy
use calculated in section 202 and on site renewable credits calculated in section 302 and
shall be paid at the time of the issuance of building permit. The payment, if any, is based
on the amount of energy required, expressed as dollars per square foot, to operate the
exterior energy use systems. No payment shall be made to an applicant the exceeds the
energy use with on-site renewables. All monies collected pursuant to this section shall be
recorded in a separate fund by the City Finance Director and shall be spent in accordance
with a resolution by the Aspen City Council.
Appendix RC “Residential Energy Mitigation Program”
Section 102 Payment Option. The RREMP payment option is the difference in energy
use calculated in section 202 and on site renewable credits calculated in section 302 and
shall be paid at the time of the issuance of building permit. The payment, if any, is based
on the amount of energy required, expressed as dollars per square foot, to operate the
exterior energy use systems. No payment shall be made to an applicant the exceeds the
energy use with on-site renewables. All monies collected pursuant to this section shall be
recorded in a separate fund by the City Finance Director and shall be spent in accordance
with a resolution by the Aspen City Council.
P14
IX.a
Section 2:
This ordinance shall not have any effect on existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
amended as herein provided, and the same shall be constructed and concluded under such
prior ordinances.
Section 3:
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not effective
validity of the remaining portions hereof.
A public hearing on the ordinance shall be held on the 3rd day of December, 2018, in the
City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by City
Council of the City of Aspen on the 26th day of November, 2018.
________________________
Steven Skadron, Mayor
ATTEST:
________________________
Linda Manning, City Clerk
FINALLY adopted, passed and approved this 3rd day of Deccember, 2018
______________________
Steven Skadron, Mayor
ATTEST:
_______________________
Linda Manning, City Clerk
Approved as to form:
_______________________
James R. True, City Attorney
P15
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Page 1 of 6
Lift 1 Corridor Project
City Council, Second Reading, December 3, 2018
MEMORANDUM
TO: Mayor Skadron and City Council
FROM: Ben Anderson, Planner II
Mike Kraemer, Senior Planner
THRU: Jessica Garrow, Community Development Director
Jennifer Phelan, Deputy Planning Director
RE: Lift 1 Corridor Project – continued public hearing
MEETING
DATE: Monday, December 3, 2018; 5pm
INTRODUCTION AND PREVIOUS CITY COUNCIL HEARING:
At the November 26th hearing (continued from November 12th), the discussion centered on
three topics: 1) Site Planning and Uses; 2) Growth Management Mitigation; and 3) The Cost
Sharing Proposal. Following significant discussion between Council and the applicant teams,
and after public comment, Council expressed a consensus of support around site planning and
use, although individual members expressed continued concerns with the massing of Lift One
Lodge. Council gave specific direction to staff to: 1) provide further evaluation of affordable
housing mitigation, including a valuation of the impacts of Employee Generation Review and
Density Review; 2) provide confirmation of the dollar figures expressed in the Cost Sharing
Proposal and potential impacts to City budget interests; and 3) provide further information on
potential snow melting or other winter maintenance solutions for S. Aspen and Dean Streets.
This memo is limited to a discussion of the three topics described above. Previous staff memos
to Council that provide background on the Lift One Corridor are attached immediately
following this memo. Given the general support on site planning and uses, no changes to these
main aspects of the project are proposed.
AFFORDABLE HOUSING MITIGATION
Mitigation for The Lift One Lodge application is being evaluated under the current Land Use
Code. The Gorsuch Haus application is being evaluated under the Code in effect at the time
of their original application (March, 2016). The two tables below identify the base mitigation
calculations for both projects and the resulting impacts of requested reviews that, if approved,
would reduce mitigation utilizing Code-based incentives for lodge development. The rows in
blue represent the proposals before City Council.
P16
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Page 2 of 6
Lift 1 Corridor Project – Staff Memo
City Council, Continued Second Reading, December 3, 2018
LIFT ONE LODGE FTE Calculation
Approximate value of
mitigation using
Category 4 Cash-in-
lieu ($238,687)
Baseline Required Mitigation
estimate based on proposed
programming
59.3 FTE $14,154,139
With Employee Generation Review
**discretionary, but allowed by Code 45.62 FTE $10,888,900
Value of difference if Employee
Generation Review is granted (13.68 FTE) ($3,265,239)
GORSUCH HAUS FTE Calculation
Approximate value of
mitigation using
Category 4 Cash-in-
lieu ($238,687)
Baseline Required Mitigation
estimate based on proposed
programming
55.29 FTE $13,197,004
With Special Review For Lodge
Density Only
**discretionary, but allowed by Code
26.32 FTE $6,282,242
Value of difference if Lodge Density
review is granted (28.97 FTE) ($6,914,762)
With Employee Generation Review
Only
**discretionary, but allowed by Code
49.29 FTE $11,764,882
Value of difference if Employee
Generation Review is granted (6 FTE) ($1,432,122)
With Special Review for Lodge Density
and Employee Generation Review 21.68 FTE $5,174,734
Value of difference if both Lodge
Density and Employee Generation
Review are granted
(33.61 FTE) ($8,022,270)
P17
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Page 3 of 6
Lift 1 Corridor Project – Staff Memo
City Council, Continued Second Reading, December 3, 2018
Gorsuch Haus has requested Special Review for Lodge Density. This is a discretionary review.
The land use code requires a minimum of one lodge unit per 500 square feet of lot area to
qualify for the Land Use Code incentive for lower mitigation rates. This minimum has the ability
to be varied up to one unit per 550 square feet of lot area through a Special Review in the
Lodge Zone District and still remain eligible for the lower mitigation incentive. Once the
density requirement is achieved, the mitigation rate is based on a sliding scale where smaller
average lodge unit sizes are incentivized by requiring less mitigation. Staff finds that the
Applicant has shown compliance with the applicable review criteria demonstrating that the
lodge has been designed with a generous amount of non-unit space, includes amenities for
lodge customers, and proposes a range of lodge unit configurations. It should be noted that if
the Special Review is not granted, the Applicant could artificially create untraditional lot lines
and reduce the lot size to meet the 500 square foot density minimum, or increase the number
of keys to achieve the lower mitigation incentive. Given this alternative and that Land Use
Code compliance has been achieved for the associated review standards, Staff recommends
approval for this portion of the request.
Both projects have requested Employee Generation Review. This is a discretionary review that
allows project specific employee generation review. In both cases, the projects are asking that
the employees generated by the free-market uses of the project be reduced to acknowledge
the overlap of employees and their associated services with the lodge uses of the project. This
is an option provided by the code that is only available to lodging projects as a specific incentive
to lodge development. This is a discretionary review by City Council. If granted, an audit of
actual employees would be required two years following issuance of a Certificate of
Occupancy. Planning and Zoning Commission in Resolution #5, Series of 2018 recommended
in favor of this review for Lift One Lodge (by a 4-3 vote). Staff recommends the use of this
review in determining required mitigation, as it is specific to lodge projects.
A letter (received 11/28/18) from Ron Erickson, Chair of APCHA’s Board, provides additional
feedback on employee mitigation including recommendation against reductions in mitigation.
(included in updated public comment, Exhibit B).
COST SHARING PROPOSAL
ComDev staff believes that there are two primary requests from the applicant teams in the
Cost Sharing Proposal. Both of these requests for cost sharing, or investment from the City
were development requirements of the original Lift One Lodge approval.
1) Capital Improvements to Dean Street – While the original approvals for Lift One Lodge
required the developer to improve a portion Dean Street, the most recent design recommends
significant amenities above and beyond that were not previously contemplated. A rough
estimate of the improvements to Dean Street that were part of the original approvals is
$850,000. The estimated cost for the new, proposed improvements to Dean Street is $1.2M.
The Cost Sharing Agreement proposes the following:
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Page 4 of 6
Lift 1 Corridor Project – Staff Memo
City Council, Continued Second Reading, December 3, 2018
• Utilization of $290,000 previously collected from the adjacent Dancing Bear project
specifically dedicated for Dean Street Improvements
• $150,000 contribution from Lift One Lodge for the connection to the sub-grade
garage.
• The estimated balance of the project cost ($760,000) for Dean Street would be
funded by the City of Aspen as part of its capital improvements plan.
• Lift One Lodge would be responsible for costs beyond the estimate.
2) Skiers’ Chalet Lodge - The existing approvals for Lift One Lodge requires the developer to
re-locate and rehabilitate the Skier’s Chalet Lodge to a “white box” condition for use by the
Aspen Historical Society (AHS). The estimated cost to relocate the building and turn it over to
AHS and Ski Co. ready for tenant specific finishes is $5.6M. The Cost Sharing Agreement
proposes the following:
• Gorsuch Haus commits $1M toward the total cost as the ASC skier services and ski
patrol functions were originally proposed to be located at the Gorsuch Haus site.
• Lift One Lodge commits $1M to the Skier Chalet/Museum in lieu of its obligation in
its preset approvals.
• The City is asked to commit 80% of the estimated development fees for both
projects to the costs of the relocation and rehabilitation of the Skiers’ Chalet Lodge.
The applicants’ have estimated that the total City development fees (which are
listed as Building Permit Fees, TDM/Air Quality Fee, Parks Development Fee, and
City Use Tax) will be $4.5M. 80% of these fees would calculate to $3.6M. The
proposal directs these collected City fees to the Skiers’ Chalet Lodge, rather than
to general and other revenue funds in the City’s budget.
• Lift One Lodge would be responsible for costs beyond the estimate .
Other elements of the proposal:
• Any tree removal mitigation fees (estimated at $359,000 by the applicant) will be
retained by the City for improvements to Willoughby and Lift One Parks.
• Lift One Lodge commits up to $650,000 for the relocation and rehabilitation of the
historic Lift One structures (bull wheel and towers). Any associated costs beyond
this amount would be the responsibility of the City.
• The City is responsible for costs related to mud flow and storm water mitigation on
Willoughby and Lift One Parks.
Community Development staff does not take a position on the proposed Cost Sharing
Agreement other than to say that some uncertainty remains in the eventual costs associated
with the elements that the City is being asked to contribute. The costs for Dean Street, the
Skiers’ Chalet Lodge and Historic Lift structures are estimates. The contributions of Lift One
Lodge and Gorsuch Haus are fixed in all cases. If the City would agree to contribute to the
specific project outcomes, risk would remain that the City would be responsible for any cost
overruns beyond the estimates. Alternatively, City Council could agree to allocate a specified
P19
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Page 5 of 6
Lift 1 Corridor Project – Staff Memo
City Council, Continued Second Reading, December 3, 2018
amount toward the project, and any additional costs would be borne by the applicants.
Community Development staff support this approach.
The City Manager will be available at the hearing to provide further detail on the budget
implications of the Cost Sharing Proposal request.
WINTER MAINTENANCE of S. ASPEN STREET
Snow removal and vehicle safety on S. Aspen St have been a point of concern for many years
due to the steep grades of the roadway. While bringing the entrance of the Lift One Lodge
and Public Parking garage down to Dean Street will reduce the amount of vehicle traffic,
concerns remain about the safe access to the Gorsuch Haus and Lift One Lodge facilities. City
of Aspen Streets and Engineering departments have raised serious concerns about the ability
to maintain an acceptable level of service on S. Aspen St. during the winter months. Due to the
existing and proposed development along the street, the right of way has been narrowed and
little space remains for any amount of snow storage. Snow removal has an additional cost, will
require interruptions to vehicular street use, may take personnel and equipment priority over
other streets in town, and cannot guarantee an ice free street.
A snow melt system has been suggested by City Streets and Engineering as one alternative to
respond to the difficult conditions. At this point, costs of installing and operating such a system
from the top of S. Aspen to Durant Street are not fully defined. Due to the significant energy
demands of such a system, it has been proposed that the system utilize electric heating and be
tied to City of Aspen renewable energy sources. The efficacy of such a system needs to be
explored further. Alternatively, salt-based de-icing could be an option. Additionally,
Councilmember Hauenstein has recommended considering a similar snow melt system on Dean
Street.
Staff does not believe that a full understanding of a snow melt system has been achieved, nor
at this time, is there agreement that it is the best alternative to accomplish the desired outcome
of safe winter streets related to the project. Additionally, new improvements to the street have
been made as part of the S. Aspen Street Townhomes that have yet to be tested during a winter
season. As such, consideration of snow melt systems is a longer term discussion that is in need
of more information. The applicant teams have proposed the following process in response to
these concerns:
1) Evaluate efficacy of City plowing, snow storage, and snow removal techniques in
response to the redesigned and recently installed S. Aspen St.
2) Conduct a detailed traffic study for a more complete understanding of impacts of
new development to S. Aspen Street level of service.
3) Identify the technologies that could be available for a snow melt system and
evaluate the financial and environmental costs of installation, maintenance, and
operation – including potential energy alternatives.
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Page 6 of 6
Lift 1 Corridor Project – Staff Memo
City Council, Continued Second Reading, December 3, 2018
4) Identify alternative maintenance strategies – this could include use of salt-based de-
icers, or actions taken by the lodge development to supplement City maintenance
efforts.
5) The identification of Level of Service or safety concern triggers requiring more
aggressive maintenance requirements that may include a snow melt system.
6) Within two years of completion of the projects, the applicant teams agree to revisit
the question of safety, maintenance, and potential use of a snow melt system. There is
possible support from the applicant teams for the use of either financial guarantees or
a metro district to fund a future system if it is found that a snow melt system – is truly
the only mechanism to respond to winter street conditions and additional traffic impacts.
STAFF RECOMMENDATION:
Staff recommends continuation of the public hearing for Ordinance No. 38, Series of 2018 (Lift
One Lodge) and Ordinance No. 39, Series of 2016 (Gorsuch Haus) to the City Council meeting
scheduled for December 10, 2018. With the goal of continued refinement of the Ordinances for
both the Lift One Lodge and Gorsuch Haus projects, it is anticipated that the December 3rd
meeting will include further opportunity for public comment and Council discussion/direction
on the topics so far raised during public hearing. As discussed above, staff recommends that
final drafts for Ordinances for both projects be considered by Council at the December 10,
2018 meeting.
RECOMMENDED MOTIONS:
“I move to continue Ordinance No. 38, Series of 2018 to the December 10, 2018 Council
meeting.”
And
“I move to continue Ordinance No. 39, Series of 2016 to the December 10, 2018 Council
meeting.”
EXHIBITS
Exhibit A – Cost Sharing Proposal from the applicant teams
Exhibit B – Public Comments received via e-mail since 11/12/18
**Note: the Exhibits and packet materials submitted previously to Council for the two
projects remain unchanged and are available on the agendas for the November 12 and 26,
2018 meetings .
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IX.b
Date: August 15, 2018
Subject: Lift 1A Corridor: Application Framework
and Cost-Sharing Proposal
D R A F T
The following memorandum is a preview of the various land use applications from the private entities.
This summary describes a framework and cost-sharing concept for the Lift 1A Corridor. The intention of
this summary is to: 1) define the method to extend Lift 1A to Dean Street including ski return to the
terminal; and, 2) outline a cost-sharing concept for the improvements necessary to enhance the
neighborhood and provide the desired ski experience and guest services.
This memorandum describes what is to be known as the Lift Corridor, which includes the Gorsuch Haus
property, any Aspen Skiing Company retained land adjacent to the Gorsuch Haus, the Hill Street Right of
Way, the Lift One Lodge Property, Lift One Park as may be amended for the Lift Corridor, Willoughby
Park and the Dolinsek property.
The cost-sharing called for here has been developed based on prior discussions, and not intended to
commit any parties until all are in agreement. The primary objective is to ensure that we have
coordinated the various individual commitments into our respective applications such that the process
will continue with an effective combined approach.
1.Lift 1A Corridor Land Use
Lift One Lodge and Gorsuch Haus have undertaken redesign efforts to adjust and adapt their respective
lodge sites to allow the Lift Corridor to extend to its historic location, closer to the core of Aspen. The
following is the general intent of the projects that make-up the corridor:
Lift One Lodge: This currently approved project will be re-configured to accommodate a minimum 60-
foot wide skiway, with additional setback from the proposed buildings. The Lodge will continue to be a
mix of lodging units and accessory uses, publicly accessible commercial facilities, free-market residential,
and affordable housing. The Skiers Chalet Steakhouse will be renovated and restored to its restaurant
use on Lift One Lodge property. It will also provide a relocated Skiers Chalet building onto City of Aspen
property for use as a museum and skier services facility. Certain land exchanges will be required
between the City of Aspen and Lift One Lodge, in addition to those contemplated in the previous
approval. The project area will utilize sub-surface areas of Willoughby Park for public parking and other
public facilities, access to the below-grade structure elements, as well as uses supporting the Skiers
Chalet Steak House. Subgrade areas under Lift One Park and Lift One Lodge will provide lodge parking
facilities and services. An additional vacation of the remaining westerly portion of Gilbert Street will be
requested. An amended application will be submitted under the Land Use Code in effect at the time of
original application.
Gorsuch Haus: Gorsuch Haus Lodge project has been re-designed to allow the lift corridor and skiway of
no less than 60-feet wide throughout to extend to the desired Dean Street lift location. The proposed
program is a lodge and will be dominantly consistent with the Lodge district standards. The project will
Page 1 of 9
APPENDIX I - DRAFT COST-SHARING PROPOSAL P22
IX.b
Page 2 of 9
include the skiway to allow return skiing to Dean street. The Lift replacement is a component of the
active Gorsuch Haus application and will now include the lift at the new location on Willoughby Park
near Dean Street in the amended land use application to be submitted in August 2018. A portion of
South Aspen Street Right of Way will be used for lodge development and a portion of the private land
will be exchanged to allow for the terminus of South Aspen Street to be completed.
Ski Facilities: There will be skiing access to the replacement lift terminal. A minimum of 2,500 square
feet of functional space for skier services, patrol and administrative functions, will be located in close
proximity to the new lift terminal. These ski facilities will need direct access for staging and loading of
the lift from Dean Street. Patrol facilities will require direct (proximate elevator is acceptable) access to
snow and sufficient dimensioning to enable the movement of injured skiers, including on gurneys from
snow, through patrol facilities and on to ambulances. Grooming, snowmaking and snow storage will be
uses expected and permitted throughout the Lift Corridor on both City and private land. Portions of
Willoughby Park, Lift One Park and Dolinsek property will be used for the purpose of skiing,
snowmaking, snow storage, and grooming as further detailed below. The entire Lift Corridor will be
designated to be within Aspen Skiing Company’s operational boundaries and will be subject to Aspen
Skiing Company’s exclusive control and management throughout the ski season, including with respect
to events and sponsorships. Outside the ski season Lift One Park will be managed by City of Aspen Parks
Department in a manner similar to the Dolinsek Property, provided that Aspen Skiing Company will have
access to Lift One Park during the summer for purposes of trail, snowmaking and lift maintenance
(including with vehicular access if necessary). Access to portions of the Gorsuch Haus lot will also be
required during the summer months. Willoughby Park and the Dolinsek property other than the new Lift
itself will be managed by the City of Aspen outside the ski season, provided that Aspen Skiing Company
will have access to its Lift and appropriate circulation therefor within Willoughby Park at all times
(summer included) for operations, support and maintenance purposes, and will have access to
Willoughby Park for snow making infrastructure maintenance purposes. Aspen Skiing Company will not
have special access to the Dolinsek property outside of its ski season.
2. Lift 1A Corridor Application Framework and Cost-Sharing
The Lift Corridor project creates new considerations of access, use of City property, infrastructure
development, and the inclusion of a museum program for the Aspen Historical Society. The following is
a conceptual framework for how these considerations are defined.
A. South Aspen Street Public Improvements Plan
• The improvements to South Aspen street include the street surface, sidewalk and pedestrian
improvements, mudflow mitigation, utilities and surface water enhancements. Much of this is
near completion by others.
• Public pedestrian and vehicular improvements will include a terminus to South Aspen Street.
• ADA access will be provided from Aspen Street to the new lift with an accessible vehicle turnout
opposite Juan Street. Additional access will be provided for lift servicing between the Lift One
Lodge and Steakhouse buildings.
• The improved terminus to this street will be made possible by the exchange of City right-of-way
of South Aspen Street with private land, which, in combination, will provide emergency access
protection, vehicular turnaround and commercial use sidewalks.
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Page 3 of 9
• While primary ADA access for skier services will occur on Dean Street, additional ADA access will
be provided on South Aspen Street between the Skier Chalet/steakhouse and Lift One Lodge.
• Vehicular access to the new Lift for maintenance purposes will occur on South Aspen Street
both between the Skier Chalet/steakhouse and Lift One Lodge as well as between Lift One Lodge
and Gorsuch Haus.
• Mountain servicing, maintenance, staging, event preparation etc. will occur off of South Aspen
Street between Lift One Lodge and Gorsuch Haus.
• The existing Hill Street will remain a street right-of-way. There will be no encroachment into
existing Hill Street right-of-way for private improvements, except for hardscape/landscape to
complete the pedestrian circulation and skiing, provided, however, that Aspen Skiing Company
will require a utility easement across Hill Street for snowmaking purposes. Portions of the
existing plan for utilities, stormwater and mudflow mitigation will be relocated to the east and
be granted permanent easements where other rights-of-way cannot accommodate these
functions.
• Public parking previously provided at South Aspen Street will be accommodated by the provision
of 50 spaces in a portion of the Lift One Lodge parking structure. Total replacement public
parking will be 50 stalls.
Cost-Sharing Proposal: Gorsuch Haus commits to participation in the South Aspen Improvement
Plan as an additional party to an existing agreement to which Lift One Lodge is already a party with
the One Aspen Townhouses. Cost-sharing will be determined on a pro rata basis, determined by the
lineal feet of the project fronting South Aspen Street. Therefore, the cost-sharing split for the South
Aspen Street and Hill Street improvements breaks down as follows: One Aspen – 45.86%; Lift One
Lodge – 33.69%; and, Gorsuch Haus – 20.45%. Gorsuch Haus also commits to the additional
improvement costs related to the cul-de-sac beyond the original cul-de-sac called for in the South
Aspen Street Public Improvement Plan.
B. Dean Street
• Dean Street will be modified to become a one-way street directing traffic to the east. The
project will include a rebuilt road correcting an existing significant side gradient to the street
and other deficiencies, pedestrian and cycling improvements, a drop-off area adjacent to the
new lift, landscape areas, and necessary utility adjustments.
• The skier drop-off will be reconfigured to become a 10-foot wide loading/unloading area. This
will accommodate approximately three vehicles.
• Ambulance access for injured skiers may occur at Dean Street, with vertical and horizontal
connection to the snow surface.
• ADA access will be provided via elevator from the Dean Street drop-off to the ski slope and the
Skiers Chalet/Museum. Appropriate access from Dean Street to Aspen Skiing Company’s
ticketing and skier services, accommodating guests with ski gear, will be ensured.
• The proposed street improves access for existing properties and connects Ruby Park transit
center to the site.
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Cost-Sharing Proposal: These improvements will utilize a $250,000 existing exaction from Dancing
Bear, an additional $40,000 from Dancing Bear for the Dean/Monarch intersection, and an
additional $150,000 proposed exaction from Lift One Lodge because of the proposed entry benefit.
The remaining portion of an anticipated $1.2 million-dollar project will be funded by the City as part
of City infrastructure improvement capital plans.
C. Skier Chalet/Museum and Replacement Aspen Skiing Company Program
• The Skier Chalet Building will be relocated to a new site in Willoughby Park near Dean Street.
• The uses for this building will include a ski museum, operated by the Aspen Historical Society,
and required public ski services in proximity to the new lift.
• The relocated building will be finished as a white-box remodel, reconstructed to applicable code
requirements, and the historic exterior will be restored.
• The Skier Chalet’s existing foundation will not be reconstructed; instead the building will be
placed on the Lift One Lodge parking structure which will provide for the foundation.
• There is a separate building outside of the Ski Museum, proposed by Parks, that will be
developed as a public restroom that will service the park and the skiers using the portal. This will
be a facility managed and constructed by the City of Aspen. If approved, this square footage
previously in the category of skier services would now be available for the Museum use in the
remodeled skier Chalet.
• Design for the renovated Skiers Chalet building shall include a single elevator of sufficient design
and appropriate location to serve all functions of the Aspen Skiing Company and the Museum.
• The “Pool Shed” adjacent to the Skiers Chalet building will also be relocated and reused for
beverage service and animation of the adjacent courtyard.
• The refurbishment and preservation of the Historic Lift 1 bull wheel and lift tower will create an
opportunity, if desired by the Aspen Historical Society, for interpretive exhibits, an outdoor
museum experience, and activity space.
• It is assumed that ownership of the building will be held by the Aspen Historical Society;
however, Aspen Skiing Company must be assured it will have the ticketing function space at no
cost other than its proportionate share of maintenance for so long as the ski area operates. The
building will be condominiumized with each of the Aspen Historical Society and Aspen Skiing
Company owning its own space and sharing building maintenance costs through the condo
structure.
• 1500 sf of replacement ski patrol and administration functions will be located with both snow
surface accessibility and access to Dean Street. Dimensioning will be such that gurneys and sleds
can readily be maneuvered from snow to ski patrol space to ambulance.
• Similar to and in conjunction with the ticketing space, ASC must either own or have guaranteed
control of the space at no cost (other than maintenance) to Aspen Skiing Company. This will be
located for so long as the ski area operates.
• It is imperative that all parties receive assurances of staff support in requesting the City fees
detailed below are allocated for the public improvements to relocate and refurbish the Skiers
Chalet.
Cost-Sharing Proposal: Gorsuch Haus will contribute $400,000 to complete the Aspen Skiing
Company’s ticketing portions of the skier services located in the Skier Chalet/Museum. Gorsuch
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Haus will also contribute $600,000 to the replacement of the ski patrol program and administrative
functions in a new space constructed in the relocated Skiers Chalet building. The total Gorsuch Haus
commitment to the replacement Aspen Skiing Company Program totals $1 million. Lift One Lodge
will contribute $1 million to the Skier Chalet/Museum in lieu of the obligation incurred in its present
approvals. Additional funding is proposed to be accomplished by the earmarking of the following
typical development fees by the City of Aspen for Lift One Lodge and Gorsuch Haus, including:
• Building Permit Fees
o Building Permit
o Plan Review
o Energy Review
o Zoning Review
o Engineering Review
• TDM/Air Quality Fee
• Parks Development Fee
• City Use Tax
Of these fees, estimated to total $4.5 million dollars, 80% or $3.6 million will be earmarked to
moving and refurbishing of the Skier Chalet building at its new site. The Museum interior and
exhibits will be completed at the cost of the Aspen Historical Society. The skier services area
interior will be completed by Aspen Skiing Company at its cost.
The collective contributions from the re-directed fees, contribution from Gorsuch Haus and Lift One
Lodge will be approximately $5.6 million. The Aspen Historical society may elect to build a larger
facility with additional funding from other sources. The allocation of space on the third floor or
new basement area will be defined by their museum program and funding commitments.
D. Historic Lift 1 Bull Wheel and First Tower
• The historic lift and foundation will be moved 40-feet closer to Dean Street from where it is
currently located to accommodate staging and access to the replacement lift.
• The terminal and bull wheel and first historic tower will be refurbished and preserved in
alignment as a historic resource.
• A minimum of 25’ will be provided between the preserved tower and bull wheel and the new
Lift.
Cost-Sharing Proposal: The City will commission a study to determine the refurbishment and
preservation costs. Initially, $600,000 was escrowed as part of Lift One Lodge’s original commitment
for a surface lift to connect to the lift in its current location. This is no longer needed and will be
directed toward this historic resource. Any remaining costs necessary to fulfill refurbishment and
preservation requirements will be assumed by the City as a historic preservation cost.
E. Two Upper Historic Towers
• Two historic towers remain in the skiway above the historic terminal. These towers will be
relocated and restored.
• Storage of these towers would be part of the refurbishing process.
• Location of the relocated historic towers remains to be determined.
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i. Aspen Skiing Company has committed to evaluate, together with the City of Aspen,
whether there are mutually acceptable locations for the two towers along the historic
lift line on Aspen Skiing Company property. If mutually acceptable locations can be
agreed upon, and subject to County or USFS approval as may be required, Aspen Skiing
Company will authorize the City to place the two towers on its property and Aspen
Skiing Company will have control over them thereafter.
• If no mutually acceptable locations can be agreed upon, the City of Aspen will be responsible for
placement, management, maintenance of demolition of the two towers.
Cost-Sharing Proposal: Lift One Lodge will commit up to $50,000 to the refurbishment and
preservation of the towers. The placement of the towers will be determined with the Willoughby
Park and Lift One Park design but may include an upper mountain location or another location
offsite.
F. Tree Mitigation Willoughby Park and Lift One Park
• Tree mitigation is anticipated to address results of the lift, skiway, and Lodge construction. The
nature of ensuring the Lift Corridor functions for skiing requires removal of all existing trees and
maintenance of the ski way clear of large growth vegetation. Trail edge landscaping will be
subject to Aspen Skiing Company approval for functional assessment.
Cost-Sharing Proposal: Lift One Lodge will pay a tree mitigation fee of approximately $359,000 as
determined by DHM, which may be adjusted downward based upon an assessment of tree health.
This fee will be retained by the City to develop the Willoughby and Lift One Parks.
G. Willoughby Park and Lift One Park Improvements
• The Willoughby Park and Lift One Park property boundaries will need to be re-defined to
accommodate design modifications of Lift One Lodge.
• Use of sub-grade areas below Willoughby Park and Lift One Park will be permitted to
accommodate the public and private parking garage, ski patrol facilities and other uses
proposed by Lift One Lodge.
• The Skier Chalet Steakhouse building will be relocated, remodeled, repurposed and located on a
portion of Willoughby park, which will be re-subdivided and owned by Lift One Lodge.
• Lift terminal hardscape and access to the terminal will be required to allow the lift to function.
Cost-Sharing Proposal: The tree mitigation fees tied to Lift One Lodge will be assigned to park
improvements. In the park areas disturbed by the construction of the subgrade improvements, Lift
One Lodge will be obligated to restore the park to the cost of a turf grass condition. Costs associated
with any new facilities and improvements above this standard are the responsibility of the City of
Aspen Parks Department. Improvements directly associated with the lift within Willoughby Park in
the immediate vicinity of lift loading will be constructed by Aspen Skiing Company.
H. Mudflow and Storm Water Mitigation
• A joint updated mudflow and storm water analysis will be commissioned for the Lift Corridor by
Lift One Lodge and Gorsuch Haus.
Cost-Sharing Proposal: The revised mudflow and storm water analysis will jointly be paid for by
Gorsuch Haus Lift One Lodge. Gorsuch Haus, Lift One Lodge, Aspen Skiing Company, and the City of
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Aspen will collaborate to develop a comprehensive mudflow and storm water mitigation plan, with
each entity paying 25% of the cost. Gorsuch Haus and Lift One Lodge will individually cover costs for
mitigation for mudflow and storm water for their projects and/or on their properties. Solely if and to
the extent it is determined that mudflow and storm water mitigation is required for the
replacement of the lift which would have been required had neither Gorsuch Haus or Lift One Lodge
been built, Aspen Skiing Company will cover the costs for mitigation for such specified mudflow and
storm water. The City of Aspen will cover the costs of mitigation of mudflow and storm water for
park improvements. If any party determines that mudflow and storm water mitigation costs are too
excessive it can determine not to move forward with the project, provided that if the other parties
still desire to move forward, they can cover such costs.
I. South Aspen Street Road Maintenance
• South Aspen Street has provided access to existing properties and the existing ski lift for
decades. Due to the topography it is steeper than most other City streets, requiring more direct
maintenance to mitigate winter conditions.
• Of all options available to maintain the safety on this street, upgraded maintenance equipment
is the most feasible. Snow melting of the street is not considered appropriate, economically
viable, or environmentally responsible.
Cost-Sharing Proposal: Lift One Lodge will commit $62,000 to the City of Aspen toward the
equipment necessary to maintain the higher level of winter maintenance and a single payment of
$20,000 for required sanding materials.
J. Lift 1A Replacement
• The lift facilities will utilize portions of Willoughby Park and Lift One Park to accomplish the
objectives of lowering of the lift.
• There will be, at a minimum, 20-feet of clearance to the north of the terminal and a minimum of
20-feet clearance around the entire lift terminal for service and maintenance access.
• Aspen Skiing Company will own the lift equipment. They will also require ownership of surface
rights or perpetual easements for the placement, operation and maintenance of the new lift.
Cost-Sharing Proposal: Aspen Skiing Company will be responsible for the cost of the lift equipment
and they will work directly with the lift manufacturer to design and install the lift. Lift One Lodge will
be responsible for all costs associated with the sub-grade garage and structural support to enable
the lift placement.
K. Skiway
• A minimum of 60-feet of skiable/snowcat accessible space will be provided throughout the Lift
Corridor skiway.
• An easement will be required for the entirety of the Lift Corridor to enable Aspen Skiing
Company to conduct its maintenance, operations and control skier access.
• During non-ski season periods, Aspen Skiing Company will have vehicular and pedestrian access
throughout the ski way to support lift and snow making maintenance.
• Where sub-grade spaces and improvements are constructed under the skiway and associated
structures on the project site, structural load bearing capacity will be required to bear all loads
associated with Aspen Skiing Company uses, activities, equipment and improvements.
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• Any garage space under the skiway will include insulation sufficient to prevent snow melting on
the snow surfaces above and ensure that no snow degradation will occur.
Cost-Sharing Proposal: Lift One Lodge will be responsible for costs required to ensure structural
load bearing capacity and insulation to accommodate the skiway.
L. Snowmaking and Grooming Operations
• Aspen Skiing Company will need to operate and maintain snow and snowmaking throughout the
Lift Corridor throughout the ski season. This will require relief from City noise ordinances and
express authorization to do so from the City and acknowledgement of the noise related issues
from all neighbors, including Lift One Lodge and Gorsuch Haus. However, the Aspen Skiing
Company agrees that decibel levels for snowmaking, snow equipment operations, and lift
operations will not exceed those currently experienced by properties adjacent to the Silver
Queen Gondola.
• An easement will be provided to Aspen Skiing Company to enable placement and maintenance
of subsurface as well as surface snowmaking infrastructure throughout the Lift Corridor,
provided that Aspen Skiing Company will not be allowed to install snowmaking infrastructure
physically on the Dolinsek property (as compared to next to the property with the
understanding that snow will be blown on to, stored and farmed on and from the Dolinsek
property).
• Aspen Skiing Company will own all of its snowmaking infrastructure.
• Gorsuch Haus, Lift One Lodge and Aspen Skiing Company will coordinate to ensure efficient
snowmaking infrastructure build out.
• Insurance, protection of park improvements, and hold harmless agreements will be
incorporated.
Cost-Sharing Proposal: Aspen Skiing Company will construct the snowmaking system, operate and
maintain the skiway following completion of construction of Lift One Lodge and Gorsuch Haus. Each
of Lift One Lodge and Gorsuch Haus will provide the skiway to Aspen Skiing Company at their
respective costs to a turf grass condition.
M. Dolinsek Property
• The conservation easement held by the Aspen Valley Land Trust will be adhered to. No subgrade
space below or ski infrastructure construction on the Dolinsek Property will occur.
• The property will be developed as the Dolinsek Gardens and the existing home will be removed
consistent with the terms of the existing life estate.
• Skiing, skier mazing, grooming and the storage of snow will be permitted on the property.
• The Dolinsek Gardens will be developed such that the above activities can effectively and
functionally occur as contemplated (which may require clearance of spaces, tree removal or
replacement, landscaping decisions etc.).
• The ski functions identified, operational considerations, and liability releases necessary will be
completed to Aspen Skiing Company’s reasonable approval as a part of the land use approval
process.
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• The City of Aspen Parks Department has determined that soil nailing for subgrade elements can
occur under the Dolinsek property. Parks will provide a letter to this effect from representatives
of the Dolinsek donation.
• The City of Aspen will permit a transformer serving Lift One Lodge to be located on its vacated
portion of Gilbert Street adjacent to the Dolinsek property. In exchange, Lift One Lodge will
provide at its expense the installation of electrical service facilities to provide power for public
functions on the Dolinsek property.
Cost-Sharing Proposal: The costs associated with the public park improvements will be the
responsibility of the City of Aspen. The costs associated with Aspen Skiing Company’s ski season
activities (snow grooming, making etc.) shall be borne by Aspen Skiing Company subject to the
agreed upon liability release structure.
3. Process and Timing
Realization of the Lift 1A Corridor Plan vision is dependent on cooperation among the Stakeholder
group, a commitment by all to adhering to an efficient City process schedule and, following approvals,
an orchestrated construction timeline. As Stakeholders, we agree to the following:
• The Stakeholders will submit all land use applications to Community Development by the end of
August. The City will then follow its meeting schedule that will allow formal action on the
applications by November 26th with a referendum election expected in 2019.
• Subsequent detailed land use approvals will be completed in a timely manner by submissions of
Stakeholders and review by the City.
• Following approvals of the land use applications and the start of construction, there will be
construction coordination agreements among all parties, with an agreement to address and
resolve issues as they arise.
• The Lift will be built after the foundations and external vertical construction is completed for
both Lift One Lodge and Gorsuch Haus.
• A guaranty mechanism is contemplated to ensure that once any one of the projects is begun, all
of the projects will continue to completion.
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Date: August 13, 2018
Subject: Lift 1A Corridor: Application Framework
and Cost-Sharing Proposal Matrix
D R A F T
Item Estimated Cost Participants
A.Skiers Chalet
(Museum/Skier
Services)
$5.2 – 5.5 million GH ($400,000 for skier services + $600,000 ski
patrol)
LOL ($1 million)
COA ($3.6 million reallocated development
fees)
AHS (costs associated with tenant
improvements + maintenance/operations)
ASC (costs associated with tenant
improvements + maintenance/operations)
B. Dean Street $1.2 million Dancing Bear ($290,000)
LOL ($150,000)
COA (Remaining balance)
C. South Aspen
Street
Improvements
Initial cost $3 million GH (20.45% + additional improvement costs
related to revised cul-de-sac and Hill Street
ROW)
LOL (33.69% + additional costs related to South
Aspen Street drop-off)
One Aspen (45.86%)
South Aspen Street
Road Maintenance
$82,000 LOL ($62,000 for equipment + $20,000 for
sanding materials)
D.Historic Lift
Gantry + 1 Tower
$460,000 (2014) LOL ($600,000 from surface lift escrow)
COA (Remaining Balance)
E. 2 Upper Historic
Towers
$40,000 (2014) LOL ($50,000)
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IX.b
F. Park
Development at
Willoughby Park
TBD LOL (tree mitigation fees + restoration above
parking garage to the cost of turf grass
condition)
COA (Remaining balance for new improvements
above turf grass standard)
G. Tree Mitigation $250,000 - $359,000 LOL (exact number to be determined based on
tree health)
H. Volleyball $150,000 No longer needed
I. Interplay of lift
infrastructure with
LOL garage
TBD ASC (costs associated with lift terminal
replacement and lift infrastructure)
LOL (costs required to ensure structural load
bearing capacity + insulation)
J. Interplay of skiway
and LOL garage
TBD LOL (costs required to ensure subgrade
structural load bearing capacity + insulation)
K. Interplay of
snowmaking
infrastructure with
LOL garage
TBD ASC (costs associated with snowmaking
infrastructure)
L. Interplay of lift
infrastructure with
GH
TBD ASC (costs associated with lift terminal
replacement and lift infrastructure)
GH (costs required for associated site costs not
attributed to lift infrastructure + subgrade load
bearing capacity and insulation)
M.
Flood/stormwater/
mudflow/water
quality runoff
TBD Study costs for mudflow split evenly (25%)
between COA, ASC, LOL, GH
Each mitigates individual improvements at cost
N. Dolinsek Property TBD COA for park improvements
LOL to provide power in exchange for
transformer location
LOL to have soil nailing ability
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P38IX.b
November 27, 2018
Aspen City Council
130 S. Galena St.
Aspen, Co. 81611
Subject: Housing Mitigation for Gorsuch Haus and Lift One Lodge
Dear Council Members:
The APCHA Board of Directors understands that the Council is considering a request from the developers
of the Lift One Lodge and Gorsuch Haus to reduce the total housing mitigation for these two
developments down to 30%. The APCHA board has twice reviewed these development proposals and
each time has made specific recommendations to Council regarding housing mitigation requirements.
Lift One: This project was originally reviewed in 2011 and subsequently approved by City Council with
100% employee mitigation. Total mitigation was determined at 35.12 FTEs - 16 FTEs through eight onsite
dormitory units and 19.12 FTEs through Fee-in-Lieu or “buy-downs” of free market units (there was no
Housing Credit program at that time).
In February 2016, the APCHA Board approved an amendment to the Lift One proposal for the new,
larger project requiring employee housing mitigation for 90.96 FTEs at a rate of 100%. The amendment
allowed for Housing Credits since the Board felt it was unfeasible to expect 100% onsite mitigation.
This project was revisited by the APCHA Board on October 3, 2018, with major revisions to the
proposal’s housing mitigation. Among the changes were the elimination of seven of the eight onsite
units, leaving one remaining employee housing unit on site. The revision reduced onsite housing from 16
to 1.75 FTEs.
Unfortunately, at the time of reviewing the developer’s amendment requests, Community Development
had not made a final determination about what the total mitigation would be in terms of FTEs. We were
told that this information would remain unknown pending a future audit. Based on the applicant’s
presentation, the board voted unanimously to approve and recommend to City Council that the Ski
Museum be considered an Essential Public Facility and limit the mitigation to onsite, offsite, and housing
credits and/or buy downs. The Fee-in-Lieu option was specifically and categorically rejected for this
project.
Gorsuch Haus: This project was originally reviewed by the APCHA Board of Directors on June 1, 2016 and
was recommended for approval with 3 FTEs on site and 50.18 FTEs offsite or provided through Housing
Credits. The developer specifically rejected the use of fee-in lieu as mitigation.
On October 3, 2018, the APCHA board reviewed a revised the Gorsuch Haus proposal per their request.
Due to changes in the Land Use Code, their mitigation requirement was reduced to 23.14 FTEs, a
reduction of 54.1%. Again, the developer offered the assurance that mitigation would be provided off-
site or through Housing Credits and promised not to request Fee-in-Lieu. The Board recommended
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IX.b
approval of this project only if it included, at minimum, a mix of off-site units along with the use of
Housing Credits; and that Housing Credits would not become the sole source of mitigation. In addition,
the APCHA Board recommended a mix of Category 1 through 4 instead of all Category 4. Based on the
assurances of the developer, the APCHA Board voted to recommend approval to City Council.
Unfortunately, we have come to learn that the assurances by the developers to APCHA appear to have
been meaningless since they are now requesting an additional reduction in housing mitigation and the
use of Fee-in-Lieu to satisfy portions of their affordable housing mitigation. If the information and
assurances given to APCHA at the last review for referral had been different, then our recommendation
also would have been different.
If we can't depend on the verbal assurances of the developer applicants before us, then how can the
APCHA Board make informed recommendations about employee housing mitigation to the City’s land-
use decision makers? Additionally, why waste the time of the APCHA Board if our review and referral
process is rendered meaningless?
On behalf of the APCHA Board of Directors, I urge City Council to hold the developers of Lift One and
Gorsuch Haus to the promises they made and agreed to when they appeared before the APCHA Board.
For the APCHA Board of Directors,
A. Ronald Erickson
Chair
Aspen/Pitkin County Housing Authority
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Page 1 of 10
Lift 1 Corridor Project
City Council, Second Reading, November 26th, 2018
MEMORANDUM
TO: Mayor Skadron and City Council
FROM: Ben Anderson, Planner II
Mike Kraemer, Senior Planner
THRU: Jessica Garrow, Community Development Director
Jennifer Phelan, Deputy Planning Director
RE: Lift 1 Corridor Project – continued 2nd Reading
MEETING
DATE: Monday, November 26th, 2018; 5pm
PUBLIC
OPEN HOUSE: Monday, November 26th, 2018; 11:30am - 1:30pm - Council Chambers
INTRODUCTION AND PREVIOUS CITY COUNCIL HEARING:
The City Council reviewed the Lift One Corridor project at a regularly scheduled public hearing
on November 12th, 2018. As stated at the hearing, this project contemplates the relocation of
the Lift 1 lift station from its current location to Dean Street and 2 land use applications filed by
the Lift One Lodge property and the Gorsuch Haus property that are integral to the new ski
corridor. At this hearing, the City Council engaged in a focused review where detailed
information was provided on the new ski corridor as it relates to the City of Aspen owned Lift
1 Park and Willoughby Park and private property owned by the Dolinsek family. This focused
review also illustrated street right of way improvements to Dean Street, relocation and
rehabilitation of the historically designated Lift 1 bull wheel, relocation of the historically
designated Skiers’ Chalet Steakhouse, and relocation/repurposing of the Skiers’ Chalet Lodge.
Conceptual Review for both the Lift One Lodge Major Amendment application and the
Gorsuch Haus Planned Development application also occurred at this hearing. The City
Council review focused on site planning, mass, height, architecture, Growth Management, and
transportation aspects of the development. The City Council also provided comments and
requested clarifications on numerous aspects of the proposals. At the conclusion of the
hearing, both land use applications were continued to the regularly scheduled November 26th,
2018 City Council meeting so that staff could provide responses for the requested information.
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Page 2 of 10
Lift 1 Corridor Project – Staff Memo
City Council, Continued Second Reading, Nov. 26, 2018
This memo outlines discussion topics requested by Council, divided into items that apply to the
full corridor, and items that apply to the individual applications. Additionally, the memo raises
items that staff would like direction on outside of the topics raised by Council.
The memos for both projects presented to Council for the November 12th hearing are provided
immediately following this document to offer any necessary background.
FULL CORRIDOR D ISCUSSION TOPICS:
1) Council’s Role related to the Ordinances and likely ballot question
The land use reviews associated with the Lift One Lodge and Gorsuch Haus projects are under
Council’s jurisdiction, but because aspects of both projects would require a public vote for final
approval, Council has asked for clarification about their role in the review process. Council has
full discretion on the action that they ultimately take on the two Ordinances that define the Lift
One Corridor Project, but given the need to refer to voters, the review is unique. Based on
discussions with the City Attorney and the applicants’ representatives, staff recommends the
following role for Council:
• Provide clear direction in shaping each of the project ordinances to reflect community
goals and improve project outcomes (final draft language will be presented at a later
hearing).
• Vote to refer the Ordinances, in a combined, single ballot measure, to voters in the
General City Election in March of 2019. In order to make the March 2019 ballot, the
Ordinance must be referred no later than the January 14th meeting. However, a decision
at that time would only provide two days to get the language to the printer. Therefore,
staff recommends final action be taken on the project no later than the final meeting of
2018 – December 10th to insure adequate time for developing ballot language.
2) Cost Sharing Agreement
Certain improvements and resulting expenditures are needed for both the Lift One Lodge and
Gorsuch Haus projects to move forward. Some of these items were required elements of the
previous Lift One Lodge approvals. In acknowledging the previous approvals, responding to
new elements in the proposed project, and acknowledging the integrated nature of the distinct
applications, the Lift One Lodge and the Gorsuch Haus applications have submitted a
combined draft Cost Sharing Proposal (Attached as Exhibit A) for consideration by the City
Council. This draft cost sharing agreement outlines financial responsibilities between and
among various property owners in the South Aspen Street neighborhood. The City of Aspen
has been identified as a financial participant in this proposed cost sharing agreement. The
Applicants have proposed that the City financially participate in the following items:
Capital Improvements to Dean Street – The estimated cost for the new, proposed
improvements to Dean Street is $1.25M. While the original approvals for Lift One Lodge
required the developer to improve a portion Dean Street, the most recent design
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Page 3 of 10
Lift 1 Corridor Project – Staff Memo
City Council, Continued Second Reading, Nov. 26, 2018
recommends significant amenities above and beyond what were not previously
contemplated. The Cost Sharing Agreement proposes the following:
• Utilization of $290,000 previously collected from the adjacent Dancing
Bear project dedicated for Dean Street Improvements
• $150,000 contribution from Lift One Lodge for the connection to the sub-
grade garage.
• The estimated balance of the project cost ($760,000) for Dean Street
would be funded by the City of Aspen as part of its capital improvements
plan.
Skiers’ Chalet Lodge - The existing approvals for Lift One Lodge requires the developer
to re-locate and rehabilitate the Skier’s Chalet Lodge to a “white box” condition for use
by the Aspen Historical Society (AHS). The estimated cost to relocate the building and
turn it over to AHS and Ski Co. ready for tenant specific finishes is $5.6M. The Cost
Sharing Agreement proposes the following:
• Gorsuch Haus commits $1M toward the total cost as the ASC skier
services and ski patrol functions were originally proposed to be located
at the Gorsuch Haus site.
• Lift One Lodge commits $1M to the Skier Chalet/Museum in lieu of its
obligation in its preset approvals.
• The City is asked to commit 80% of the estimated development fees for
both projects to the costs of the relocation and rehabilitation of the
Skiers’ Chalet Lodge. The applicants’ have estimated that these City
development fees (which are listed as Building Permit Fees, TDM/Air
Quality Fee, Parks Development Fee, and City Use Tax) will be $4.5M.
80% of these fees would calculate to $3.6M.
• The proposal directs these collected City fees to the Skiers’ Chalet
Lodge, rather than to general and other revenue funds in the City’s
budget.
Other elements of the proposal
• Any tree removal mitigation fees (estimated at $359,000 by the
applicant) will be retained by the City to develop Willoughby and Lift
One Parks.
• Lift One Lodge commits up to $650,000 for the relocation and
rehabilitation of the historic Lift One structures. Any associated costs
beyond this amount would be the responsibility of the City.
• The City is responsible for costs related to mud flow and storm water
mitigation on Willoughby and Lift One Parks.
Community Development staff does not take a position on the proposed Cost Sharing
Agreement other than to say that some uncertainty remains in the eventual costs associated
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Lift 1 Corridor Project – Staff Memo
City Council, Continued Second Reading, Nov. 26, 2018
with the elements that the City is being asked to contribute. The costs for Dean Street, the
Skiers’ Chalet Lodge and Historic Lift structures are estimates. The contributions of Lift One
Lodge and Gorsuch Haus are fixed in all cases. If the City would agree to contribute to the
specific project outcomes, risk would remain that the City would be responsible for any cost
overruns beyond the estimates. Alternatively, City Council could agree to allocate a specified
amount toward the project, and any additional costs would be borne by the applicants.
Community Development staff support this approach.
The City Manager is providing a separate memo on the Cost Sharing Agreement for Council’s
consideration.
3) Project Phasing
Staff agrees with Council concerns that the phasing of the distinct elements of the Corridor
Project will be essential to successful outcomes and in limiting interruption of ski lift service to
the west side of Aspen Mountain. The details of managing the complexity and timing of the
project will require extensive negotiation between the applicants and stakeholders involved in
the project. Typically these types of details are resolved in the Development Agreements that
are required of Planned Development approvals. While the development agreements for this
project will likely be of a different scale and scope than typical, staff believes that interests of
all parties can be adequately addressed using the mechanism of the development agreement.
The applicant teams have provided a memo (attached as Exhibit B) that provides an initial
description of phasing, construction management, and financial guarantees that are being
contemplated by Gorsuch Haus, Lift One Lodge, and Aspen Skiing Company. Based on the
initial description provided, the applicants estimate that the lift would be closed for one ski
season, and full construction to last between 24 and 28 months. The key aspects of the
construction estimates are below:
• April; Year 1: Earthwork, utilities, foundations, subgrade structures and exterior
portions of the Lodge projects begin and the existing Lift 1A is removed.
• Winter; Year 1: Lift 1A not in operation for the ski season.
• Late summer; Year 2: Subterranean construction at Lift One Lodge and lift platform
located over the underground parking structure is completed. Lift 1A replacement
construction is completed to resume operation by the upcoming ski season.
Construction of the skiway is completed to allow return skiing to the new Lift 1A
terminal. Skier services and ski patrol program construction will be complete and
available for occupancy.
• Fall; Year 2: Public park improvements, public roadways, and the exterior portions
of the lodge developments are completed.
• Winter; Year 2: Skiing resumes on the 1A side of Aspen Mountain after 20 months
of construction. Lodge construction areas are fully fenced to allow construction to
continue as the skiing operations are underway. Construction on both lodges would
continue for the exterior portions of the building and finishing of interior spaces.
When skiing returns, all Tramway Board conditions will have been met.
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Lift 1 Corridor Project – Staff Memo
City Council, Continued Second Reading, Nov. 26, 2018
• Summer; Year 3: Projected opening of the Lift One Corridor hotels. Completion of
final site work. The City of Aspen Parks and Skier Museum will also be completed.
One new item outlined in the phasing document is related to vested rights. The draft
Ordinances are written to include 3 years of vesting, to begin from the date Final Approvals
are granted. If additional or alternative vesting is desired by City Council, the Ordinances will
need to be updated to reflect Council’s direction. Additional information on this will be
provided at the public hearing.
4) Snow melt system and alternatives for winter maintenance on S. Aspen
Snow removal and vehicle safety on S. Aspen St have been a point of concern for many years
due to the steep grades of the roadway. While bringing the entrance of the Lift One Lodge
and Public Parking garage down to Dean Street will reduce the amount of vehicle traffic,
concerns remain about the safe access to the Gorsuch Haus and Lift One Lodge facilities. City
of Aspen Streets and Engineering departments have raised serious concerns about the ability
to maintain an acceptable level of service on S. Aspen St. during the winter months. Due to the
existing and proposed development along the street, the right of way has been narrowed and
little space remains for any amount of snow storage. Snow removal has an additional cost, will
require interruptions to vehicular street use, may take personnel and equipment priority over
other streets in town, and cannot guarantee an ice free street.
A snow melt system has been suggested by City Streets and Engineering as one alternative to
respond to the difficult conditions. At this point, costs of installing and operating such a system
from the top of S. Aspen to Durant Street are not fully defined. Due to the significant energy
demands of such a system, it has been proposed that the system utilize electric heating and be
tied to City of Aspen renewable energy sources. The efficacy of such a system needs to be
explored further. Alternatively, salt-based de-icing could be an option.
Staff does not believe that a full understanding of a snow melt system has been achieved, nor
at this time, is there agreement that it is the best alternative to accomplish the desired outcome
of a safe winter street. It is a longer term discussion that is in need of more information. Staff
requests that Council provide general direction on if snowmelt is desired so that the
stakeholder group can better evaluate the range of alternatives and the mechanisms for
funding the capital and operating costs of the best alternative. This is a topic that could be
addressed during Final review of the project, following the public vote.
5) Taxing District
Council members have raised the idea of a taxing district to help pay for some of the necessary
improvements. The applicant teams are further evaluating the feasibility and willingness to
pursue a Metropolitan District or similar funding structure for infrastructure or other costs
related to the Lift One Corridor. Direction from Council on this topic is requested. This is also
an item that could be addressed during the final review of the project, following the public vote.
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Lift 1 Corridor Project – Staff Memo
City Council, Continued Second Reading, Nov. 26, 2018
6) Growth Management –Employee Housing Mitigation
City Council requested additional information regarding the overall employee mitigation
requirements for the projects. The estimated required employee mitigation for each project, as
calculated using methodology specified by the Land Use Code, is as follows:
Lift One Lodge: 59.3 FTE, Category 4
Gorsuch Haus: 55.29 FTE, Category 4
Gorsuch Haus has requested Special Review for Lodge Density. This is a discretionary review.
The land use code requires a minimum of one lodge unit per 500 square feet of lot area to
qualify for the Land Use Code incentive for lower mitigation rates. This minimum has the ability
to be varied up to one unit per 550 square feet of lot area through a Special Review in the
Lodge Zone District and still remain eligible for the lower mitigation incentive. Once the
density requirement is achieved, the mitigation rate is based on a sliding scale where smaller
average lodge unit sizes are incentivized by requiring less mitigation. If this Special Review is
granted, the mitigation requirement would be 26.32 FTEs, Category 4. Staff finds that the
Applicant has shown compliance with the applicable review criteria demonstrating that the
lodge has been designed with a generous amount of non-unit space, includes amenities for
lodge customers, and proposes a range of lodge unit configurations. It should be noted that if
the Special Review is not granted, the Applicant could artificially create untraditional lot lines
and reduce the lot size to meet the 500 square foot density minimum and achieve the lower
mitigation incentive. Given this alternative and that Land Use Code compliance has been
achieved for the associated review standards, Staff recommends approval for this portion of
the request.
Both projects have requested Employee Generation Review. This is a discretionary review that
allows project specific employee generation review. In both cases, the projects are asking that
the employees generated by the free-market uses of the project be reduced to acknowledge
the overlap of employees and their associated services with the lodge uses of the project. This
is an option provided by the code that is only available to lodging projects as a specific incentive
to lodge development. If granted, an audit of actual employees would be required two years
following issuance of a Certificate of Occupancy. Staff recommends the use of this review in
determining required mitigation.
• On the Lift One Lodge project, the free-market mitigation is 13.68 FTE.
• On the Gorsuch Haus project, the free-market mitigation is 4.64 FTE.
• Combined from both projects, this proposed reduction of free-market mitigation would
equate to 18.32 FTE.
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Lift 1 Corridor Project – Staff Memo
City Council, Continued Second Reading, Nov. 26, 2018
If the reviews described above are granted,
Lift One Lodge total mitigation would be reduced to: 45.62 FTE, Category 4
Gorsuch Haus total mitigation would be reduced to: 21.68 FTE, Category 4
7) Green Building Practices and Environmental Impacts
City Council highlighted the importance of water and energy efficiency at the November 12th
meeting. The City has a number of specific requirements that the project will need to meet,
including REMP and the Water Efficient Landscaping requirements. These can be addressed
more specifically during Final Review.
Additionally, the City Council requested information on the environmental impacts of both the
Lift One Lodge and the Gorsuch Haus as they relate to construction excavation. It should be
noted that both lodge developments will generate excavation for foundation and sublevel
garage construction that has not been traditionally experienced within the Lift 1 neighborhood.
The following outlines estimated excavation and associated truck trips for the projects, at this
time.
Lift One Lodge: The applicant has represented that the excavation for the lodge development
and related sub-grade features including the parking garage will generate approximately 58,138
cubic yards of export material. The applicant has estimated that this will generate roughly
5,800 truck trips utilizing ten-yard haul trucks. Positively, this is a reduction of approximately
12% from the excavation that would have been required of the previous approval due to more
extensive excavation.
Gorsuch Haus: The Applicant has represented that the excavation for the lodge development
will generate approximately 51,350 cubic yards of export material. Using a 15-cubic yard tandem
axle hauling truck, the Applicant has represented that this amount of export material will
generate 3,423 truck trips.
PROJECT SPECIFIC DISCUSSION ITEMS REQUESTED AT 11/12 HEARING
Lift One Lodge
1. Dean Street Garage Entrance – This is a significant change to the site plan from the
original approval. ComDev and Engineering Staff supports this change for the
following reasons:
• Contributes to an improved and predictable traffic circulation pattern on
Dean, Aspen, and Monarch Streets.
• Significantly reduces traffic on steep grades found on S. Aspen Street
• Locates public parking spaces and facilities proximate to the lift
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City Council, Continued Second Reading, Nov. 26, 2018
• Allows for clear separation of public parking and parking for Lift One
Lodge
• Contributes to the reduction of necessary excavation for the Lift One
Lodge project
• Creates a more attractive street scape on S. Aspen Street
• Reduces necessary grades within the parking garage – providing
improved access for deliveries and trash/recycling service
• Creates efficient site planning in the relationship of the garage, access to
the ski museum and ski services, vertical circulation to ski level, and ADA
accessibility
While the proposed ski corridor and relocated lift will certainly increase traffic in
this neighborhood, the combination of an improved, one-way Dean Street with sub-
grade garage access adjacent to the Ski museum will provide safe and efficient
multi-modal traffic patterns and a more public-facing parking garage.
Gorsuch Haus
1. Rezoning from the Conservation (C) zone district to the Lodge (L) zone district - The
subject properties are currently zoned Conservation. Current Conservation zoning
would permit the construction of up to 4 single family residences. The Applicant has
requested to rezone the reconfigured Lot 1 to the Lodge zone district. Lodge zoning
is appropriate for lodge development and is consistent with the zoning in the
immediate area. However, the rezoning does represent an increase in development
rights for the parcel. The reconfigured Lot 2 is proposed for redevelopment would
remain in the Conservation zone district and potentially include residential
development restrictions. Council is asked to weigh in on the rezoning. If Council
supports the overall project and adding a new lodge to the ski-base area, staff
believes the proposed Lodge zoning is appropriate.
2. Height, Scale, Massing - The project size has been reduced since Council last saw
the application. Portions of the building that encroached on city rights-of-way have
been removed, and the design has been updated to comply with the floor areas and,
overall, the height of the Lodge zone district. The lodge building is reduced in size,
but does represent more development than the current Conservation zoning allows.
Similar to above, if Council is comfortable with the general project concept, this
design is appropriate and is reduced from previous proposals.
STAFF RECOMMENDATION:
Staff recommends continuation of the public hearing for Ordinance No. 38, Series of 2018 (Lift
One Lodge) and Ordinance No. 39, Series of 2016 (Gorsuch Haus) to the City Council meeting
scheduled for December 3, 2018. With the goal of continued refinement of the Ordinances for
both the Lift One Lodge and Gorsuch Haus projects, it is anticipated that the December 3rd
meeting would include further opportunity for public comment and Council
discussion/direction on the topics so far raised during public hearing. As discussed above, staff
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Lift 1 Corridor Project – Staff Memo
City Council, Continued Second Reading, Nov. 26, 2018
recommends that final drafts for Ordinances for both projects be considered by Council at the
December 10, 2018 meeting.
In the crafting of final drafts of the ordinances for both projects, staff requests Council
direction on the following issues:
1) General Site Planning
Ski Corridor and Lift Placement
Conceptual Design for Willoughby Park
Improvements to Dean Street – including access to sub-grade garage
Cul-de-sacs on Gilbert Street and S. Aspen Street
Relocation and rehabilitation of historic resources
2) Subdivision and Rezoning
Lot reconfiguration for Lift One Lodge and City Parks
Rezoning of Gorsuch Haus, Lot 1 (Lodge)
Limitation on future development on Gorsuch Haus Lot 2 (Conservation)
3) Proposed uses on City Parks
Subgrade Parking
Commercial activity related to SkiCo and Ski Museum
Lift and ski operations
4) Growth Management
Essential Public Facility – ski museum
Special Review for Lodge Density – Gorsuch Haus
Employee Generation Review – Lift One Lodge and Gorsuch Haus
Lift One Lodge – request for use of cash-in-lieu for a portion of mitigation
5) Height, Massing, Scale – Lift One Lodge and Gorsuch Haus
Are there any changes that Council would like included in final draft
6) Parking
Special Review for tandem and stacked parking for Lift One Lodge spaces
7) Potential Snow melt system on S. Aspen Street
Direction on whether or not to pursue snow melt system alternatives as a
requirement of final review of the project.
8) Project Phasing / Construction Management
Requirement that Lift 1A can be out of operation for no more than two
years
Alternative commencement of vested rights
Requirements of financial guarantees beyond those typically required
9) Cost Sharing
Do you support direct financial contributions from the City of Aspen to
project outcomes (e.g. Dean Street)?
Do you support the use of project development fees paid to the City of
Aspen to be used on public facing aspects of the project? (e.g. Skiers’ Chalet
Lodge/ski museum)?
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Lift 1 Corridor Project – Staff Memo
City Council, Continued Second Reading, Nov. 26, 2018
If yes to either of the above questions, what are the aspects of the project
that you support using City of Aspen revenues to assist in funding?
If yes to the above questions, what is the total financial commitment that City
Council is willing to refer to voters as part of the larger ballot question?
RECOMMENDED MOTIONS:
“I move to continue Ordinance No. 38, Series of 2018 to the December 3, 2018 Council meeting.”
And
“I move to continue Ordinance No. 39, Series of 2016 to the December 3, 2018 Council meeting.”
EXHIBITS:
Exhibit A – Draft, Cost Sharing Proposal
Exhibit B – Memo from applicants related to project phasing, construction management, and
financial guarantees
**Note: the Exhibits and packet materials submitted previously to Council for the two
projects remain unchanged and are available on the agenda for November 12, 2018
meeting.
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Lift 1 Corridor Project – Overview Memo
City Council, Second Reading, November 12, 2018
MEMORANDUM
TO: Mayor Skadron and City Council
FROM: Jessica Garrow, Community Development Director
RE: Lift 1 Corridor Project - Overview Memo
MEETING
DATE: November 12, 2018, 5pm
SITE VISIT: Site visit with height analysis; November 12, 2018, 12:00pm
INTRODUCTION:
The purpose of this memo is to provide an
overview of the Lift 1 Corridor Project relating
to two separate land use applications that have
been submitted for redevelopment of private
properties located in the Lift 1A neighborhood.
Much more detail is included in the individual
project memos and staff findings, but given
the extent of this corridor project, staff wanted
to provide a shorter, high level overview of the
corridor project.
The Gorsuch Haus application, originally
submitted in 2016 by Norway Island, LLC and
preliminary reviewed in 2017, seeks approval
for redevelopment of property located at the
terminus of South Aspen Street and contains
the existing Lift 1A lift station. This property is
owned by the Aspen Ski Company who has
authorized submittal of the request. The Lift
One Lodge application seeks redevelopment
of property located south of Dean Street and
includes property owned by Lift One Aspen,
LLC and the City of Aspen. The project includes the Lift One Lodge and historically designated
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Lift 1 Corridor Project – Overview Memo
City Council
Willoughby and Lift One Parks, Skiers’ Chalet Lodge and Steakhouse, and Lift 1 bull wheel and
three remaining towers.
The initial land use review of the Gorsuch Haus project reignited a long standing community
conversation about the original ski portal to Aspen Mountain. As part of City Council’s decision
to table the Gorsuch Haus project in March of 2017, the City, with support of Lift One Lodge,
Gorsuch Haus, and Aspen Skiing Company, engaged the SE Group to study the potential of
bringing Lift 1A back down to its original location near Dean Street. After an exhaustive analysis,
it was determined that this lower location was feasible, but would require significant redesign
of Lift One Lodge, Gorsuch Haus, and Willoughby and Lift One Parks to accommodate a new
lift and ski corridor. In the ensuing months, a cooperative process that included the two lodge
projects, Aspen Skiing Company, the Aspen Historical Society, and the City of Aspen has
produced the two coordinated, but distinct Land Use applications that make up the Lift One
Corridor project.
While City Council is asked to review two distinct Land Use applications for the Lift One Lodge
and Gorsuch Haus Planned Developments, the projects are inextricably linked. It is Staff’s
recommendations that Gorsuch Haus and Lift One Lodge be considered as the Lift 1 Corridor
Project and encompasses a comprehensive review for both development applications.
CORRIDOR OVERVIEW:
The primary driver for this project is a widened ski corridor, which crosses the Gorsuch Haus
and Lift One Lodge properties, as well as current and future City park lands, and the movement
of Lift 1A closer to Dean Street. The primary components of the combined Lift One Corridor
project are described below (moving uphill from Dean Street). Both projects are comprised of
lodge units, free-market residential units, related commercial areas, and each propose a single
on-site affordable housing unit. See Exhibit A for a detailed site plan.
1) Dean Street - Updates to the Dean Street right-of-way are proposed, which include multi-
modal improvements for pedestrians, bikes, and vehicles. The street itself includes sidewalks,
a bike lane, and a one-way traffic design from west-to-east, including a skier drop off area, and
access to the Lift One Lodge subgrade garage. The garage includes 50 public parking spaces.
2) Willoughby Park - Once on the site, in Willoughby Park, is the relocated Skiers’ Chalet
Lodge building and pool house, providing public restrooms, skier ticketing, patrol, and a new
ski history museum. The historic bullwheel and one tower are moved closer to Dean St. and are
in the original alignment of this historic lift. Immediately to the south, and uphill, is the new lift.
Access to the lift is provided through sidewalks and stairs from Willoughby Park and along S.
Aspen Street. Internal pedestrian access from the garage is also provided. Return skiing is
provided through the site, on Lift One Park, and on the site of the future Dolinsek Gardens.
Skier queuing and milling is also accommodated.
3) Skiers’ Chalet Steakhouse - Moving up S. Aspen Street, the relocated Skiers Chalet
Steakhouse is proposed to be reactivated as a restaurant as part of the Lift One Lodge project.
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Lift 1 Corridor Project – Overview Memo
City Council
Foot and emergency vehicle/maintenance access for the new lift is provided immediately south
of the building, generally in line with the current Juan Street right-of-way. This area allows the
loading and unloading of gondola cars that are anticipated to be a part of the proposed new
“Chondola” lift design (a mix of traditional chairs and gondola cars).
4) Lift One Lodge - Continuing up S. Aspen Street is the main Lift One Lodge building, which
includes 104 lodge keys and additional commercial space. Lift One Lodge proposes
approximately 16,125 square feet of commercial space, inclusive of the Steakhouse building.
This building has heights at or below the current vested approval that allows heights of up to
53 feet, 3 inches. Across the ski corridor, to the east, is the second updated Lift One Lodge
building, which includes 6 free-market units and 1 affordable housing unit. Access to this
building is from an internal connection from the garage, as well as an updated and improved
turn-around on Gilbert St.
5) Gorsuch Haus – At the top of S. Aspen street, is an updated cul-de-sac that provides
turnaround capabilities, and also includes access to Gorsuch Haus drop off and the proposed
56 space sub-grade garage and delivery area. Gorsuch Haus includes 81 lodge keys, 4 free-
market units, 1 on-site affordable housing unit, and approximately 7,730 square feet of
commercial space. The project proposes Lodge (L) zoning, which has a maximum height of 40
feet.
The table below outlines the proposed maximum heights, floor areas, and mitigation
information for each project.
Lift One Lodge Gorsuch Haus
Floor Area 107,651 sf 64,023 sf
Gross Area 202,564 sf 120,498 sf
Maximum Height 53’3” west building
47’ east building
overall 40’ with allowance to
46’ or 47’ on west façade for
access way/stair.
Required Employee Mitigation
(Per Code) 59.3 FTEs 26.32 FTEs
Proposed Employee Mitigation
(by special review) 45.62 FTEs 21.68 FTEs
Notes: 1) this assumes the Ski Museum is designated as Essential Public Facility, with future employee audits.
2) ASC, skier services and patrol area is considered separately as commercial net leasable area.
KEY DISCUSSION ITEMS:
Given the complexity of the overall corridor project, staff has highlighted the key topics
suggested for Council discussion for each project. The November 12th hearing is intended to
focus primarily on site planning, massing, programming, mitigation, and transportation.
Subsequent hearings are proposed to address proposed cost-sharing and phasing.
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Lift 1 Corridor Project – Overview Memo
City Council
Suggested Lift One Lodge discussion topics
1) Height, Scale, Massing – Staff finds that the combination of specific conditions of
previous approvals and compliance with the current dimensional requirements of
the Lodge (L) zone district provide justification for the proposed height, massing,
and scale of the Lift One Lodge buildings. However, since the original approvals of
this project and specifically the approval of the basic height and massing of the
lodge buildings, the Aspen community has made intentional changes to the Land
Use Code in response to building heights.
2) Growth Management – Employee Housing Mitigation - Council, in consideration
of recommendations from APCHA and the Planning and Zoning Commission, is
being asked to provide direction on several aspects of the application related to
employee housing mitigation.
a. The original approvals of this project had an unusual negotiated condition that
required mitigation of 100% of employee generation. As a Major Amendment to
a PD, the applicant is requesting to use today’s mitigation requirements, which
were updated as part of the recent moratorium code amendments. Staff and the
P&Z recommended in favor of this change to the project.
b. The code allows a reduction in mitigation for free-market units when part of a
lodge project. As a primarily lodge project, the applicant requests use of this
allowance, which is permitted as a discretionary review. The Planning and
Zoning Commission recommended 4-3 in favor of this approach.
c. The original approvals of this project allow the use of cash-in-lieu, as well as on-
site units, off-site units, and housing credits. The APCHA Board recommended
against continuing the ability to use cash-in-lieu. The P&Z recommended in favor
of continuing the ability to use cash-in-lieu to meet mitigation requirements.
3) Dean and Gilbert Streets - While staff finds that the proposed changes, particularly
to Dean Street, will drastically improve multi-modal conditions and create safe and
efficient conditions for visitors to access the site, the project will change
neighborhood traffic patterns and bring an intensity of use that should be fully
considered.
Staff suggested Gorsuch Haus discussion topics:
1) Rezoning from the Conservation (C) zone district to the Lodge (L) zone district
The land proposed to become the Gorsuch Haus is currently zoned Conservation,
and is proposed to be rezoned to the Lodge Zone District. This zoning is appropriate
for lodge development, and is consistent with the zoning in the area. However, this
does represent an increase in development rights for the parcel. Portions not
proposed for redevelopment would remain in the Conservation zone district.
Council is asked to weigh in on the rezoning. If Council supports the overall project
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Lift 1 Corridor Project – Overview Memo
City Council
and adding a new lodge to the area, staff believes the proposed Lodge zoning is
appropriate.
2) Height, Scale, Massing - The project size has been reduced since Council last saw
the application. Portions of the building that encroached on city rights-of-way have
been removed, and the design has been updated to comply with the floor areas and
height of the Lodge zone district. The lodge building is reduced in size, but does
represent more development than the current Conservation zoning allows. Similar
to above, if Council is comfortable with the general project concept, this design is
appropriate and is reduced from previous proposals.
3) Growth Management – Employee Housing Mitigation - Council, in consideration
of recommendations from APCHA, is being asked to provide direction on several
aspects of the application related to employee housing mitigation. A majority of
mitigation is proposed to be provided via off-site units and housing credits. No cash-
in-lieu is proposed.
a. The code allows a reduction in mitigation for free-market units when part of
a lodge project. As a primarily lodge project, the applicant requests use of
this allowance, which is permitted as a discretionary review.
b. The applicant has also requested a special review for the mitigation
calculations based on lodge unit density – specifically requesting to use
mitigation calculations available to lodges of higher density. Staff is generally
supportive of this, as it is a technical lot area calculation, and the criteria, in
staff’s opinion, have been met. This is a discretionary review for City Council.
PUBLIC BENEFITS:
Council has requested additional information regarding the public benefits from the overall
project. From staff’s perspective, the following benefits (in no particular order) are provided
from this corridor project:
• Direct skier access from Dean Street. This project creates a more accessible second
portal to Aspen Mountain, and activates the area traditionally used for skier access. The
new lift is in nearly the identical location as the original Lift 1.
• Return skiing to Dean Street. This project, thanks in large part to the generosity of
the Dolinsek family, enables full return skiing to Dean Street.
• Improved skier facilities. The new facilities, include ticketing, patrol, a new “chondola”
lift, and a skier corridor, providing a potential for the return of World Cup skiing to
Aspen Mountain. The improvements to the base area, may also provide opportunities
for activation of other on-mountain facilities, such as Ruthies. This could, in turn,
promote additional uphilling and other activities called for in other city planning efforts.
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City Council
• Revitalized portal to Aspen Mountain. The addition of a skier museum, skier services,
dining opportunities, and updated parks land provides day-into-night time activation of
this western portal. Additionally, the creation of lodge units to add to the bed base is
an important goal outlined in the AACP and often discussed in the community. If lodge
development is to occur anywhere in town, this appears to be an ideal location.
• Year-round parks amenity. The redesigned Willoughby and Lift One Parks provide
an improved access from Dean Street to Aspen Mountain and create many
opportunities for both summer and winter activities. The addition of Dolinsek Gardens
and the reorganization of multiple open space parcels create a contiguous open space
which rivals Wagner Park in size and importance. The parks are designed to highlight
Aspen’s skiing heritage in a way that doesn’t occur today.
• Restoration of historic resources. The project includes the relocation and
preservation of three of Aspen’s most important ski-era structures – Lift 1, Skiers Chalet,
and Skiers Chalet Steakhouse. While restoration was called for in the existing Lift One
Lodge approval, this amendment is clearer in how that is achieved, and includes some
more extensive restoration work. Additionally, it returns the Steakhouse building to its
original restaurant use.
• Ski History Museum. This project also provides a clearer path for the long-anticipated
museum to interpret and celebrate Aspen’s contribution to ski history. Coupling the
space with ticketing and café space, may ensure a more vital and visited area than the
current approval.
• Dean Street becomes a pedestrian and bicycle friendly amenity. Dean Street, from
South Aspen to Monarch Streets will be transformed into a pedestrian friendly ADA
accessible zone with a formalized plaza area, pervious pavers, a generous vehicular
drop off area and designated bike ways. This theme strengthens the relationship of
pedestrian flows all the way along the Dean Street corridor and further emphasizes the
connection to Gondola Plaza.
• Multi-modal improvements. In addition to mitigating the trips generated by the
development, the proposed improvements along Dean Street create a multi-modal
corridor between Lift 1A and the Gondola. The improvements enable one to walk or
bike safely between these two access points.
• Safety improvements. The relocation of the garage access to Dean St. provides a
safer access point for cars, and the on-way configuration creates a safer environment
for bicyclists and pedestrians.
• Gilbert Street Access: The project creates a turnaround at the end of Gilbert Street.
This provides a safe turnaround area in an otherwise dead end street, thereby
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City Council
preventing people from the unsafe maneuver of backing out of Gilbert Street onto
Monarch Street.
ROLE OF CITY COUNCIL AND PUBLIC VOTE:
Beyond the practical logistics of coordination required to accommodate the lift and ski corridor,
several issues related to the project are referable to voters, and others could potentially trigger
Referendum 1 requirements. Additionally, the proposed uses and reconfiguration of the City
park land are also subject to voter approval. Given the requirements of the Aspen City Charter
and Land Use Code, the voters of the City of Aspen will evaluate the merits of the Lift One
Corridor Project in a consolidated ballot question. The ballot question will likely be forwarded
on to voters in March of 2019.
Council is asked to complete their typical review of the Planned Development applications and
make any changes deemed necessary to ensure the best possible project. Direction from the
Council on issues related to site planning, mass and scale, Growth Management and other
defining characteristics will ultimately shape the project as it is referred to voters. The City
Attorney is continuing to work with the applicants’ legal representation to more fully define the
role of City Council in relationship to the Planned Development ordinances and the eventual
ballot question. Additional information on this topic will be presented at the November 26th
hearing.
Should the Lift One Corridor Project be approved by voters, each of the lodge projects and
the City parks would be subject to Final/Detailed review by the Planning and Zoning
Commission and/or the Historic Preservation Commission. These reviews would resolve final
details of each of the projects.
STAFF RECOMMENDATION:
The combined scale of the Lift One Lodge and Gorsuch Haus Planned Developments will
transform the west side of Aspen Mountain and their adjacent neighborhood in fundamental
ways. The impacts of both projects, whether to mountain views, traffic and parking,
construction noise and disturbance, or skier experience need to be carefully understood and
thoroughly evaluated. While staff believes that there are issues with both projects that need
further discussion, writ large, the projects substantially comply with the Land Use Code.
Staff recommends that the City Council focus on the suggested discussion points highlighted
above and continue both projects to the November 26th, 2018 hearing agenda. Staff also
recommends that the City Council consider providing staff and the applicants with further
direction and clarification requests so that responses can be prepared for the next hearing. It
is anticipated that a central topic of discussion at the November 26th hearing will be the
proposed Cost Sharing Agreement related to development requirements and infrastructure
needs.
Exhibit A – Illustrative Site Plan
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City Council
Exhibit A – Illustrative Site Plan
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MEMORANDUM
TO: Mayor Skadron and City Council
FROM: Ben Anderson, Planner II
THRU: Jessica Garrow, Community Development Director
RE: Ordinance No. 38, Series of 2018
Lift One Lodge, Major Amendment to a Planned Development
DATE OF
MEETING: November 12, 2018, Second Reading; public hearing
___________________________________________________________________________________________________________________________________________________________
APPLICANT / OWNER:
Lift One Lodge Aspen, LLC
REPRESENTATIVES:
Stan Clauson and Patrick Rawley
Stan Clauson Associates, Inc.
LOCATION:
710 South Aspen Street
LEGAL DESCRIPTION:
Lots 1, 2, 3 & 4, Lift One Lodge Subdivision /
PUD, according to the Plat thereof recorded
March 5, 2013 at Book 102, Page 1, Reception
No. 597438.
CURRENT ZONING:
Planned Development
Lodge (L) and Park (P) underlying zones
ORIGINAL APPROVAL:
Ordinance No. 28, Series of 2011
AMENDMENTS:
P&Z Resolution (Design Changes)
No. 2, Series of 2016
City Council Resolutions (Vested Rights)
No. 41, Series of 2015
No. 90, Series of 2017
No. 71, Series of 2018
VESTED RIGHTS:
Project is vested through Nov. 28, 2021
SUMMARY:
In response to the proposed relocation of Lift 1A to
Willoughby Park and adjacent to Dean Street, the
applicant is requesting review of significant changes
to the existing approvals for the Lift One Lodge
Subdivision and Planned Development.
The proposed changes would alter the following
features from existing approvals: 1) site planning for
both Lift One Lodge and City of Aspen property; 2)
scale and massing of the Lift One Lodge buildings; 3)
affordable housing mitigation and other requirements
of development; 4) internal programming of lodge
units, free market residential units, commercial net
leasable, and affordable housing units; and 5) access
and configuration of subgrade parking.
While this is a separate application from the Gorsuch
Haus Lodge project, it is important to consider the
two projects as integral to each other in defining a
reimagined Lift 1 Corridor.
STAFF RECOMMENDATION: Staff recommends
continuation of Ordinance No. 38 Series of 2018, to
accommodate further discussion with City Council,
particularly on the topic of the proposed Cost
Sharing Agreement.
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Staff Memo – City Council, Second Reading
UPDATES FROM THE OCTOBER 22nd MEETING AND THE PREVIOUS MEMO
At the October 22nd First Reading, City Council members requested a number of updates to the
application and memo so that a more complete understanding of the project could be realized during
the review. The following is a point by point breakdown of these requested items – including a staff
recommendation to City Council in each area.
Additionally, descriptions of the recommendations from each of the review boards (Planning and Zoning
Commission, Historic Preservation Commission, APCHA, and Open Space and Trails Board are
included. The formal recommendations, and minutes from the meetings of the boards (if available) are
provided as exhibits.
The original memo immediately follows this and is unchanged. It is included to provide necessary
background for City Council.
QUESTIONS / REQUESTS FOR FURTHER INFORMATION
1. Comparison of Existing Approval and Proposed Amendment – related to height, massing
and floor area
Floor area and related calculations
A primary question raised by Council at First Reading was: How does the proposed project
compare to the existing approval? And the follow-up questions: Is it bigger? If yes, how
much bigger?
In terms of gross floor area (the total size of the building both below and above grade), the two
buildings are nearly identical - approximately 200,000 square feet in both iterations. However,
when analyzing this more closely, there is one important change. The parking area is getting
approximately 22,000 square feet smaller in the proposed project. This means that roughly
22,000 square feet is being re-allocated to the lodge, commercial and residential uses. This also
means that a portion of the 22,000 square feet is above grade rather than below grade. In short,
the projects are roughly the same, but the proposed project is shifting gross floor area above
grade. It is important to note that this comparison of the two buildings is solely for the purpose
of trying to get at “apples to apples” evaluation. These numbers are not considered in the Land
Use Code.
As stated above, the Land Use Code does not measure or consider gross floor area. Instead it
uses “Floor Area”, a somewhat complicated calculation (that has changed over time) that
differentiates above grade and below grade square footage. Comparing the Floor Area for the
existing and proposed projects is not useful due to changes in calculation methods between the
approval and today’s Code. Using today’s Code the maximum FAR in the Lodge zone district (for
a project with this lodge unit density and combining Lots 1 and 2) is 2.5 : 1 or 112,075 square feet.
Floor Area Ratio (FAR) is a restriction placed on building size in relationship to lot area. In this
measure, the new project proposes 107,651 square feet, which equates to an FAR of 2.4 : 1. It is
this number that is most important when considering whether a project complies with the Land
Use Code. As long as the project remains under this maximum FAR and the corresponding
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allowable Floor Area, staff is supportive of the overall dimension as it complies with the Code
requirements in the Lodge zone district.
Use Mix
Council requested information on the proposed use mix in the amendment.
An important measure of the project is the average lodge key size. In the approved project, staff
estimates that the average key size is approximately 537 square feet of net livable area. The
application for the proposed project has provided an average unit size of 519 square feet, for an
average reduction of 18 square feet. While most of the keys are between 535 – 650 square feet,
a significant number (28) are between 290 – 320 square feet. These smaller keys were not
present to this same degree in the existing project. Additionally in the approved project, two of
the lodge units have average key sizes of more than 700 square feet. There are no keys in the
proposed project that average out at this size. Overall, the project includes more lodge units
with smaller average sizes. This is important as smaller units are more likely to be utilized as active
beds within the cumulative lodging stock.
In the existing approval, the free market units are sized significantly above what is currently
allowed in the Land Use Code. At the time of the original approval, there was no limitation of
the size of free market units associated with Lodge development. Today that limit is 1,500 square
feet. The measurement of the free market residential units is based on “net livable” square
footage. Essentially this includes the internal area of each unit. In the existing approval, the five
units were designed at an average of 3,192 square feet. In the proposed project the average size
of the six units is 3,139 square feet of net livable – that includes more than 400 square feet of
storage for each unit. Overall, the project includes one additional free-market unit and average
unit sizes that are the same or smaller than the current approval. While both of these calculations
depict sizes that are significantly greater than the maximum free market unit size now allowed in
the Lodge zone district, staff finds that the new units are roughly consistent with the approved
project – and recommends approval of the proposed unit sizes.
As proposed, the project has estimated floor areas for commercial net leasable (16,125 sf), non-
unit area, and remains under the floor area ratio for free market residential in relationship to
lodge and affordable housing net livable. The commercial space includes restaurant, bar and
kitchen space in the Lift One Lodge west building and the Skiers’ Chalet Steakhouse. As is
typical, all dimensional numbers will need to be confirmed during building permit review, and any
changes could alter growth management mitigation requirements. At this point in time, staff
finds that the proposed project meets the dimensional requirements in regards to Floor Area
and related calculations in the Lodge zone district (with the exception of the free market unit
size described above.
The project proposes one, one-bedroom affordable housing unit that would house an employee
of Lift One Lodge. It would be located in the Lift One Lodge east building adjacent to the free-
market residences. It would be deed-restricted and subject to APCHA guidelines. A one-
bedroom unit would provide 1.75 FTE of the overall mitigation required for the project.
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Height
Due to the previously approved maximum heights of the Lift One Lodge building and the
use of interpolated grade to measure height, height was a focus of Council’s requests for
additional information.
The maximum height for a building in the Lodge zone district is 40 feet. Typically, under current
code, building heights are measured from natural or finished grade, whichever is more restrictive.
In the Lift One Lodge approval from 2011, the Planned Development allowed a maximum height
of 53 feet, but in reality, established a number of maximum heights by including an approved
height over topography plan. If a building permit would have been issued on the approved
project, the building would have needed to comply with the heights established by the roof plan.
Additionally, the project established an “interpolated” grade, or estimation of pre-development
grade using a 1957 survey. The approval establishes that height shall be measured from this
interpolated grade. Both then and now, the sole use of this interpolated grade to measure height
is somewhat unusual. However, this was allowed through their original PD process and approval
by City Council.
The maximum height on the West Building is 53 feet, 3 inches. Staff’s evaluation is that no portion
of the building exceeds this height. Similarly, on the East Building, a maximum height of 47.5 feet
was established in the original approval and no portion exceeds this height as proposed
(maximum height is 44.8 feet). For both buildings, Code allows exceptions to height including
stair and elevator overruns, and allowed rooftop attachments exceed the maximum heights, but
appear to meet code allowances for such features. See Exhibit G for additional visual materials
illustrating heights. Staff finds that the minimal nature of rooftop mechanical equipment is a very
positive element of the proposed design.
The massing of the buildings is changing to accommodate the ski corridor. The buildings are
becoming narrower and longer in response. As such, it is staff’s evaluation that more of the height
points of the building approach the maximum height. For example, the average of all of the
height points (excluding elevator overruns and other attached roof features) on the proposed
West Building is 47 feet, six inches. This is not a measure in the Land Use Code, but does give
some sense of the overall massing of the building.
In light of community conversations and decisions related to building heights, Staff would agree
that the approved and proposed height of this building and its overall massing are important
issues to consider. Staff, in consideration of vested rights of this project – and that approvals
have been granted for amendments and extensions of the vested rights (that have allowed this
height to remain) is supportive of the proposed adjustments to height included in the
amendment.
2. Lodge Elevations
Council requested additional information on the overall changes to the lodge design –
and specifically how the ski corridor has impacted a new design.
Due to the narrowing and lengthening of the Lift One Lodge buildings to accommodate the ski
corridor, internal configuration of the buildings, including vertical circulation also needed to
change. The most prominent external outcome of this is the presence of the elevator and stair
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towers on both buildings. From Staff’s perspective, while these elements do serve to articulate
the horizontal massing of the buildings, they also serve as the tallest elements on each of the
buildings. While these features comply with the previously approved height limitations for the
buildings, Staff’s perspective is that as initially proposed, they create a perception of increased
massing from the approved design and recommended that they be reconfigured, or better
articulated using form or materials. The applicant has provided new elevations that restudy the
relationship of vertical and horizontal massing related to these elements. This re-study was
presented during P&Z review. P&Z was supportive of the direction of this new proposal, as is
staff. See Exhibit Q for a specific depiction of the updated elevations.
3. Proposed Location of Skiers’ Chalet Lodge Building
A number of Council members requested more explanation of the further relocation of
the Skiers’ Chalet Lodge building – as it relates to Dean Street.
The Skiers’ Chalet Lodge was proposed for relocation to Willoughby Park in the existing
approval. Then, as now, the building was to be primarily utilized as a facility for the Aspen
Historical Society and a new ski museum. With the proposed relocation of the new lift, the site
location of the building is changing so that the footprint is now closer to Dean Street, and further
to the west. The proposed location accommodates the new sub-grade garage access and the
design of the interface of the garage and AHS / ASC space in the Skiers’ Chalet Lodge Building.
Most importantly though, the proposed location provides adequate area behind the building in
its relationship to ski operations including mazing and other circulation needs. An analysis of
moving the building further away from Dean has been studied at length by the applicant and City
Parks. A location further to the south does not allow accommodation of necessary design
parameters discussed above. The City Parks and Open Space Department, Aspen Skiing
Company, Aspen Historical Society and the Lift One Lodge design team can speak to this topic
in greater detail if more clarification is needed. Staff recommends approval of the new location
for the Skiers’ Chalet Lodge and related site planning elements, as did P&Z, HPC, and the Open
Space and Trails Board.
4. GMQS – Affordable Housing Mitigation
City Council requested additional information on the employee housing mitigation
calculations, particularly regarding the change between the existing approval and current
methods in the Land Use Code, and designation of the Ski Museum as an Essential Public
Facility.
APCHA’s Board made a recommendation (included as Exhibit K) at their October 3rd meeting
related to the changes to the Lift One Project. In summary the Board recommended:
• The ski museum be recognized as an Essential Public Facility, allowing the square footage of the
museum to be excluded in the calculation of housing mitigation at this time – with future employee
audits. This does not include the floor area of the Aspen Skiing Company facilities that are also
in the Skiers’ Chalet Lodge building – and will be calculated as commercial net leasable for the
purposes of housing mitigation.
• As the project is proposing to change the methods through which it is providing mitigation,
APCHA discussed and recommended that the project utilize the following methods in order of
priority: 1) on-site deed restricted housing, 2) off-site units, 3) Certificates of Affordable Housing
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Credits, or 4) APCHA approved buy-down units. It is important to note that the APCHA Board
does not support cash-in-lieu as a method for providing affordable housing mitigation for this
project.
On the second topic, while staff recognizes the APCHA decision on cash-in-lieu, it is important
to note for Council’s review that it remains an option in the APCHA guidelines, the Land Use
Code, and in the existing Lift One Lodge approvals. Staff recommends that the applicant may
request cash-in-lieu as an option for required mitigation with City Council – as provided in the
LUC.
Aspen Historical Society – Essential Public Facility
The 2011 approval for the Lift One Lodge PD determined that the ski museum be designated an
Essential Public Facility and waived the employee housing requirements for the museum. The
ordinance discusses the non-profit nature of the Aspen Historical Society and the
organization’s mission of enriching the community through preserving and communicating
Aspen’s remarkable history as contributing factors in this designation. In response to this
current application APCHA’s Board and P&Z have reviewed this designation and recommend
the continuation of the Essential Public Facility designation for the ski museum. Different from
the existing approval, both APCHA and P&Z recommended that the museum be subject to an
employee generation audit at five and ten year increments. This would allow requirements to
be waived at the point of approval, but would be re-evaluated in the future as actual
programming and employee generation could be better evaluated. Staff recommends (as did
APCHA and P&Z) that the Ski Museum be designated Essential Public Facility, subject to future
employee generation audits.
Steakhouse use as a bar/restaurant
Both APCHA and ComDev typically identify on-site housing units as the first preference in
meeting affordable housing mitigation requirements. In this case however, staff finds it
appropriate to allow the housing for 16 FTEs to be met using other mitigation methods. First, the
approved project has these FTEs being housed in eight, dorm style units. Dorm-style units, while
allowed under APCHA Guidelines are not preferred. Most importantly though the use of the
Steakhouse as a bar/restaurant, given its immediate proximity to the proposed lift, will
contribute an important node of commercial vitality at this second portal to Aspen Mountain.
Staff recommends this change in use of the Skiers’ Chalet Steakhouse.
Generation and Mitigation
In terms of existing and proposed employee housing generation and mitigation, a more extensive
discussion is necessary. This is not a topic that APCHA weighed in on – as the methodology is
established by the Land Use Code, not the APCHA Guidelines. As Council considers this topic,
two topics are relevant. First, the generation rate is a calculation based on established studies
for the Aspen area that represent the employees generated by certain types of development
(example: 4.7 employees for every 1000 square feet of commercial development). This number
is expressed as FTEs, or full-time equivalents. Once the total FTE’s generated by development
are calculated, a second calculation is established. The mitigation rate is a percentage of the
employees generated for which a development has to mitigate. The table below outlines the
generation and mitigation rates for the approved and proposed projects.
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Staff Memo – City Council, Second Reading
Comparison of Required Mitigation
Employee Generation
Mitigation required
by previous
approval
Mitigation as specified
by Code
2011 – Original Approval
(approval required 100%
mitigation)
35.12 FTE
35.12 FTE 12.88 FTE
2016 – Amendment
(approval required 100%
mitigation)
90.96 FTE
90.96 FTE 29.63 FTE
Current Proposal
(per current Code) 150.94 FTE
N/A 59.79 FTE
Current Proposal w/
Employee Generation
Review (per current Code)
150.94 FTE
N/A 46.11 FTE
Notes: 1) Current proposal figures include ASC skier services and ski patrol as net leasable.
2) Current proposal figures are estimates based on proposed programming and will be
verified during building permit review.
3) Current proposal figures assume that the ski museum remains an Essential Public
Facility with no required mitigation at this time – although subject to future audits.
4) Employee Generation Review subtracts the mitigation for the free market residential
use from the total – to account for shared employees with the lodge use.
5) Existing ASC facilities have been credited toward new skier service and patrol facility.
6) All mitigation required at Category 4.
The Land Use Code does provide (at City Council’s discretion) an alternative to the standard
methodology for calculating required mitigation. Employee Generation Review allows for a
project specific evaluation of employee generation. An element of this review is specifically
available to Lodge development – in recognizing that associated free-market residential unit
would utilize many of the lodge services (and employees) that have also been included in
employee generation for the lodge units. The applicant has proposed utilizing this review in the
calculation of mitigation. P&Z considered this request, and by a 4-3 vote supported Employee
Generation Review. Staff recommends that this review be made available to the project and that
free-market mitigation be subtracted from the required mitigation for the lodge units. This would
bring the required mitigation to an estimated 46.11 FTEs.
5. Parking
Council requested clarification on the required parking and why the numbers have
changed from the vested approval.
The project is providing 50 public parking spaces. This number is fixed as a result of the current
vested approval. This number was generated by evaluating the lost on-street parking on S. Aspen
Street and in Willoughby Park. Based on the proposed uses in the Lift One Lodge Project, the
lodge would require an additional 76 parking spaces – for a total of 126 physical parking spaces.
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This is based on 104 lodge keys, 16,125 sf of net leasable commercial floor area, and 7 residential
units – including the proposed AH unit.
The project, following the recommendation from Planning and Zoning Commission includes the
provision of the 76 spaces for the Lift One Lodge uses utilizing tandem and/or stacked parking
spaces that would only be accessed by valet service. The tandem and stacked spaces will require
approval by Special Review. The 50 public parking spaces are proposed near the garage entry
and would be publically accessible
Staff recommends that approval of this parking configuration be conditioned on the provision
that the lodge-related spaces are only accessed by valet service – a condition typical for other
lodge projects in town. Final parking requirements are dependent on confirmation of finalized
project programming.
6. Timing and Phasing – with particular concern about the lift
Council requested detail on the phasing of the overall corridor.
Without question, the completion of the proposed ski corridor from the top of the Gorsuch
Haus project, through the Lift One Lodge project, to the new ski base at Willoughby Park will
required a hyper coordinated project phasing and construction management plan in response
to the highly integrated nature of the projects. Likely, Lift 1A will be required to be out of for
at least a full year and could perhaps be two years in a worst case scenario.
To ensure that the projects are fully coordinated, staff imagines development agreements not
only with the City, but between the Gorsuch Haus, Lift One Lodge, and Aspen Skiing
Company. Additional detail will be provided at a future meeting – anticipated at the November
26th meeting.
7. Access to Lift from St. Regis
A Council member requested information on the lift access relative the neighboring St.
Regis.
Guests at the St. Regis could access the project as pedestrians/skiers in two ways: First, by
utilizing the improved pedestrian facilities along Dean Street; and Second, through the east entry
to Dolinsek Gardens and then coming slightly downhill to the maze. In staff’s view, one of
the very positive outcomes of the project is the improved pedestrian access to the lift for
all west side residents and lodge guests, including the Mountain Chalet and St. Regis.
8. Special Taxing District – with the purpose of funding improvements/maintenance
A question was raised by Council member Myrin about the possibility of creating a taxation
district specific this to area to fund future replacements of the lift, improvements to transit,
and affordable housing.
There are certainly options to do something in response to this suggestion – as Colorado state
law allows Metropolitan Districts, Business Improvement Districts, and General Improvement
Districts. These differing options allow for the collection of either property taxes or fees as
revenue to fund specific improvements in designated areas. The process to establish a taxing
district is significant and requires application to the State of Colorado and a multi-month review
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process. The applicant has not proposed, nor does Staff recommend a special taxing district as
a solution to any concerns raised by the project. Staff would conduct further research at
Council’s request.
9. Snowmelt on S. Aspen – road and/or sidewalks
Council members raised questions regarding safety and access along S. Aspen Street.
The City is unable to maintain S. Aspen St. during the winter months to the level of service
needed for the proposed lodge development using our typical method of applying sand. This is
due to the extreme slope of the street and the level of anticipated usage of the street. As a result,
the City recommends snowmelting the street or utilizing salt. Both have environmental impacts.
Once salt is applied to the street it cannot be removed from stormwater runoff and becomes a
pollutant to the Roaring Fork River. If snowmelt is utilized, Engineering recommends a separate
district be formed so that the system can be put on the City’s electric service. Staff requests
Council guidance on this topic.
10. Reconfiguration of Dean and Gilbert Streets
A number of questions related to the streets were raised including how the amendment
improves or does not improve access and neighborhood functionality.
It is important to note that Dean and Gilbert Streets are City of Aspen property. They are not
private streets. While staff wants to ensure that the proposed project has limited impacts to the
neighbors of the project, engineering standards for width and grade, access to the project for
vehicles, emergency equipment, pedestrian walkability, bicycle safety, and ADA access are the
priorities.
On Gilbert Street, both Community Development and Engineering Staff support the cul-de-sac
design under the Lift One Lodge East Building. While the design differs from the original
approval, Staff finds the new condition as an improvement to the existing approval that simply
has Gilbert Street coming to a dead end. Any traffic on Gilbert, whether directly related to the
Lift One Lodge or not, can now safely use the cul-de-sac to change direction and exit back onto
Monarch Street. The street is narrow and does not meet minimum requirements for fire
equipment access, but physical access will be possible, as it is now. Beyond the addition of the
cul-de-sac on Lift One Lodge property, there are no proposed changes to Gilbert Street, from
existing conditions. Staff recommends the design for Gilbert Street as proposed.
On Dean Street, a collaborative effort with City Engineering, City Parks, Lift One Lodge, and
Sopris Engineering has developed a design for the interface with the Willoughby Park and the
new lift that meets the outcomes listed above. The existing conditions on Dean Street are
difficult, but the proposed design improves these conditions significantly:
• The existing severe cross grades will be reduced;
• A one-way travel lane from west to east with sharrows ** is proposed ;
• A drop-off pull-out is designed to accommodate three vehicles;
• A contra** bike lane that allows east to west travel;
• Improved pedestrian facilities on both sides of Dean Street;
• Grade improvements that provide ADA access to the site via Monarch Street.
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There are no additional retaining walls proposed on the north side of Dean Street. The design
does not change the relation of grade to Southpoint Condominiums (the neighbors to the north).
However, the existing Southpoint trash dumpster and enclosure, which are currently located on
City of Aspen Right of Way (ROW) and do not have an encroachment license, will need to be
moved. An alternative location will be incorporated into the final design.
__________________________________________________________________________________________________________________________________________________________
** a “sharrow” is a traffic lane designed for bikes and cars to share the roadway. These are used throughout Aspen
and are indicated by distinctive paint marking that include a bike symbol and a pattern of directional arrows.
**a “contra” lane is a separated lane that allows bicycle travel counter to a one-way vehicle travel lane.
__________________________________________________________________________________________________________________________________________________________
Because the larger corridor project is inside of the Highway 82 roundabout, neither Lift One
Lodge nor Gorsuch Haus was required to conduct a full traffic study as part of the Transportation
Impact Analysis requirements. As the topic of traffic was raised in conversations with the review
boards, Lift One Lodge engages a third party traffic engineering consultant to conduct a traffic
evaluation. While not as comprehensive as a full traffic study, the memo outlining the evaluation
does provide some confidence that except at the most busy times, additional traffic in the
neighborhood should not cause unmanageable traffic congestion/problems. The memo
regarding the traffic study is included as Exhibit S.
The catalyst for many of the design changes to Dean Street are the lift relocation and the
changed access point to the subgrade garage. Staff recommends approval of this proposed
design for Dean Street and additionally recommends the sub-grade garage access via Dean
Street. City of Aspen Engineering staff will be at the November 12th hearing to answer any
questions related to site access and potential traffic impacts.
11. Wheeler View Plane
Council requested information related Mountain View Plane Review.
Since the original and amended approvals, the view plane regulations have changed. Based on
GIS analysis, the Wheeler View Plane hits Gilbert Street at an elevation of approximately 7,981ft.
This likely means that significant portions of both the East and West Building infringe into this
view plane. The location of the project situates it within the “background” of a view plane. As
such, the most relevant of the possible criteria to meet the standard requires that the
development “does not materially alter the observer’s ability to see the preserved view from the
reference point.” Since the application was initially submitted, the applicant has provided visual
evidence that while the development infringes on the background of the Wheeler View Plane, it
does not “materially alter” the view from the Wheeler due to existing development that exists
between the view plane origin and Lift One Lodge. See Exhibit O for a depiction of the view
plane.
12. Soil Displacement from project excavation
Council requested information on the amount of dirt that will be displaced during
construction and associated dump truck trips.
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Staff Memo – City Council, Second Reading
Both Lift One Lodge and Gorsuch Haus will displace a significant amount of soil during the
excavation process. This is typical of large scale construction projects – particularly those with
sub-grade parking garages as both of these project have. In the case of Lift One Lodge,
positively, the proposed access on Dean Street and other changes to the sub-grade design are
reducing displaced soils by nearly 8,500 cubic yards – or approximately 850 dump trucks (1,700
round trips). This is a reduction of approximately 12% due to the proposed design changes to
the subgrade space. See Exhibit R for a description of the estimate of excavation between the
approved and proposed projects.
13. Role of the Planned Development Overlay in approving this project.
Council requested information on the role of the Planned Development related to
existing approvals and the proposed amendment.
The Planned Development process, while providing stringent review criteria, allows flexibility
from the requirements of the underlying zone district. While the zone district provides
guidance, the PD can approve dimensions and uses that would otherwise not be allowed. The
2011 approval (Ord. 28) for Lift One Lodge and Willoughby/Lift One Parks was a planned
development with a significant number of provisions, dimensions, uses, and requirements
that were crafted for this specific development. Some of these were consistent with the Land
Use Code at the time, others were not. Since 2011, the Land Use Code has changed in ways that
meaningfully effect this project. The previous approvals for the existing project, including
extensions of vested rights, have granted vesting through 2021.
This proposed amendment, however, opens up the whole approval of the existing project to
review. While staff is operating on the premise that the project is subject to the Current Land
Use Code, there is also a need to find a balance with aspects of the project that may be non-
compliant with current Code. For example, staff is recommending that the project be evaluated
for GMQS mitigation with current code, but is also recommending that previously approved, but
now non-compliant, free-market residence sizes be approved in the current application.
Similarly, staff is supporting a maximum height for this project, that while consistent with
vested approvals – is contrary to more recent community policies regarding building height and
massing. The PD process allows this type of flexibility – if the overall project can meet the
standards outlined in the Land Use Code.
RECOMMENDATIONS FROM REVIEW BOARDS
APCHA
At its October 3, 2018 Meeting, the APCHA Board considered the Amendment to the Lift One Lodge
Approvals. They provided recommendation on two aspects of the project. First, they recommended
that the Ski Museum should be defined as Essential Public Facility and any mitigation be waived, subject
to future employee generation audits. This is consistent with the existing approvals. Secondly, the Board
recommended that AH mitigation for the Lift One Lodge Project be provided using a combination of
on-site units, off-site units, Affordable Housing Credits, or buy down units. APCHA’s Board does not
support the option of cash-in-lieu for providing required mitigation. See Exhibit K to review the APCHA
recommendation.
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Staff Memo – City Council, Second Reading
Planning and Zoning Commission
P&Z considered the application in public hearing on October 2nd and 16th. The conversation with the
commission was focused on site planning, mass, scale and height, parking and transportation, changes
to Dean and Gilbert Streets, comparisons between the existing approval and proposed projects, and
GMQS mitigation. By a 7-0 vote, P&Z issued a recommendation (Resolution No. 5) to City Council to
approve the project with conditions. The Resolution is included as an Exhibit – as are the minutes from
both meetings. P&Z wanted to ensure that their concerns about the project fully mitigating for
affordable housing requirements were passed on to Council. One condition of approval – that
recommends that the project be reviewed through Employee Generation Review was voted on
specifically. It was approved by a 4-3 vote, but does represent a point of disagreement amongst the
commissioners. See Exhibit L to review the P&Z resolution and minutes (10/2 only).
Historic Preservation Commission
HPC considered the application in public hearing on October 10th and 24th. The conversation with the
commission was focused on the relocation and preservation of the Historic Lift One structures and the
Skiers’ Chalet Lodge and Steakhouse, and the site planning related to Willoughby Park. Commission
comments emphasized the relationship of the historic buildings to grade and the preservation of the
chalet features of the two buildings. Of particular discussion was the prominent stair feature on the
Skiers’ Chalet Lodge – and the relationship with the entry of the building in its new location and new
use. By a 7-0 vote, HPC issued a recommendation (Resolution No. 16) to City Council to approve the
project with conditions. Included in the recommendation was support for the proposal to move two of
the Lift One towers to a location much further uphill to identify the historic Lift One alignment or
terminus. See Exhibit M to review the HPC Resolution.
Open Space and Trails Board
Open Space and Trails Board considered the application at their November 1st meeting and issued a
recommendation in approval of the project. The board specifically considered lot reconfiguration, site
planning for the park, and proposed uses for the park. By a 4-1 vote, the board provided recommendation
of approval of the project related to the site planning of the park, use of the park, and lot configuration.
A memo describing the recommendation is included as Exhibit N.
STAFF EVALUATION:
Community Development Staff has helped to facilitate and organize the process that has resulted in the
cooperative outcomes that are emerging in the Lift One Corridor Project and the land use applications
submitted by Gorsuch Haus and Lift One Lodge. Staff believes that there is significant community
benefit in bringing Lift 1A down to Dean Street and in re-vitalizing this original portal to Aspen Mountain.
The proposed redesign of Willoughby Park and the relationship to the future Dolinsek Gardens will
provide year round amenity to residents and visitors.
In regards to Lift One Lodge, Community Development staff recognizes the existing vested rights that
the project holds – granted by two separate approvals in 2011 and 2016. However, due to the nature of
the proposed changes in the application for a Major Amendment, this project is now subject to the
requirements of current code. Staff is attempting to balance the original approvals, established vesting
of the project, and the proposed changes against the current Land Use Code.
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Staff Memo – City Council, Second Reading
REFERRAL DEPARTMENTS:
At a Development Review Committee (DRC) meeting on September 19, 2018, City agencies had a first
opportunity to make formal comments on the proposed changes to the project. These comments are
included as Exhibit C. While the conceptual foundation of this project is established, there are details
that are still being designed by the applicant team’s planners, engineers, and architects. Much of this
work is in response to initial comments from City Staff. Referral agencies will continue to evaluate this
new work as the project moves through Council review. It is also important to note that a second DRC
will occur on the project in preparation for Detailed/Final Review should the project be approved at the
Project/Conceptual level.
PUBLIC OUTREACH AND APPROVAL PROCESS:
This project has had two public hearing meetings each with P&Z and HPC in the creation of
recommendations to City Council. APCHA’s Board has made a recommendation regarding employee
housing mitigation. Open Space and Trails Board has considered and made recommendation on the
design and programming related to Willoughby Park and the ski corridor. Lift One Lodge held a
meeting on October 1st with their neighbors and the community, and a site visit was held for review
boards on October 15th. Another site visit to visually illustrate height and massing of both the Gorsuch
Haus and Lift One Lodge projects is tentatively scheduled for November 12th at noon.
With this input, City Council has considered Lift One Lodge at First Reading on October 22nd. Second
Reading for both Gorsuch Haus and Lift One Lodge is scheduled for November 12th and 26th (and into
December if needed). As part of Council’s consideration, additional opportunities for the public to
provide input will be scheduled by City Staff in coordination with the applicant teams. If supported by
Council, ballot language will be crafted and an election will tentatively be held in February or March of
2019.
STAFF RECOMMENDATION:
Staff recommends that City Council continue the public hearing for Ordinance No. 38, Series of 2018 to
November 26, 2018.
PROPOSED MOTION:
“I move to continue the public hearing for Ordinance No.38, Series of 2018 to the regularly scheduled
City Council meeting on November 26, 2018”
EXHIBITS:
Review Criteria
A.1 Planned Development, Major Amendment, Project Review (updated)
A.2 Subdivision (updated)
A.3 Rezoning
A.4 Growth Management Quota System (updated)
A.5 Commercial Design (updated)
A.6 Timeshare Development
A.7 Transportation and Parking Management
A.8 ESA, Mountain View Plane (updated)
A.9 Vested Property Rights
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Staff Memo – City Council, Second Reading
Additional Material
B. Development Review Committee Comments (updated)
C. Complete Application
D. Updated Drawings; 9/24/18
E Project Dimensional Table (updated)
F. Estimate of Employee Generation/Mitigation (updated)
G. Height/Massing Diagrams
Previous Approvals
H. Ordinance No. 28, Series 2011 (original approval)
I. P&Z Resolution No. 2, Series of 2016 (minor amendment)
J. City Council Resolution No. 71, Series of 2018 (vested rights extension)
Recommendations and Minutes
K. APCHA Board Recommendation, October 3, 2018
L. P&Z Recommendation, Resolution No. 5, Series of 2018
M. HPC Recommendation, Resolution No. 16, Series of 2018
N. Open Space and Trails Board Recommendation, November 1, 2018
New Materials for Second Reading - 11/12/18
O. View plane – Visual Analysis
P. Pedestrian Amenity Diagram
Q. Updated Elevations
R. Excavation Comparisons
S. Memo, Traffic Study
T. Received Public Comment (P&Z)
U. Received Public Comment (Council)
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MEMORANDUM
TO: Mayor Skadron and City Council
FROM: Ben Anderson, Planner II
THRU: Jessica Garrow, Community Development Director
RE: Ordinance No. 38, Series of 2018
Lift One Lodge, Major Amendment to a Planned Development
DATE OF
MEETING: October 22, 2018, First Reading
November 12, 2018, Second Reading; public hearing
___________________________________________________________________________________________________________________________________________________________
APPLICANT / OWNER:
Lift One Lodge Aspen, LLC
REPRESENTATIVES:
Stan Clauson and Patrick Rawley
Stan Clauson Associates, Inc.
LOCATION:
710 South Aspen Street
LEGAL DESCRIPTION:
Lots 1, 2, 3 & 4, Lift One Lodge Subdivision /
PUD, according to the Plat thereof recorded
March 5, 2013 at Book 102, Page 1, Reception
No. 597438.
CURRENT ZONING:
Planned Development
Lodge (L) and Park (P) underlying zones
ORIGINAL APPROVAL:
Ordinance No. 28, Series of 2011
AMENDMENTS:
P&Z Resolution (Design Changes)
No. 2, Series of 2016
City Council Resolutions (Vested Rights)
No. 41, Series of 2015
No. 90, Series of 2017
No. 71, Series of 2018
VESTED RIGHTS:
Project is vested through Nov. 28, 2021
SUMMARY:
In response to the proposed relocation of Lift 1A to
Willoughby Park and adjacent to Dean Street, the
applicant is requesting review of significant changes
to the existing approvals for the Lift One Lodge
Subdivision and Planned Development.
The proposed changes would alter the following
features from existing approvals: 1) site planning for
both Lift One Lodge and City of Aspen property; 2)
scale and massing of the Lift One Lodge buildings; 3)
affordable housing mitigation and other requirements
of development; 4) internal programming of lodge
units, free market residential units, commercial net
leasable, and affordable housing units; and 5) access
and configuration of subgrade parking.
While this is a separate application from the Gorsuch
Haus Lodge project, it is important to consider the
two projects as integral to each other in defining a
reimagined Lift 1 Corridor.
STAFF RECOMMENDATION: Staff recommends approval
of Ordinance No. 38 Series of 2018 at First Reading.
Staff is supportive of the project, but anticipates
significant discussion on the project between the
applicant, neighbors, the community and City
Council. A specific staff recommendation to Council
will be forthcoming as the review progresses.
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Staff Memo – Planning and Zoning Commission
Figure 1. Rendering of the proposed project with redesigned Willoughby Park in the foreground.
LAND USE REQUESTS AND REVIEW PROCEDURES:
The Applicant is requesting recommendation from Planning and Zoning Commission to City Council for
the following Land Use approvals:
• Planned Development, Major Amendment, Project Review (26.445) for proposed changes to an approved
planned development. While the project holds vested rights, changes of this magnitude require that a
project be reviewed under the current Land Use Code.
• Subdivision (26.480) for proposed changes to the established lot configuration of Lift One Lodge and
City of Aspen Property.
• Amendment to the Zone District Map (26.310) for proposed changes to the zoning map in response to
changes to the lot configuration of the subdivision/planned development
• Growth Management (26.470) to review growth management allotments and affordable housing
mitigation in response to changes to the project and for conformance with the current Land Use Code.
• Commercial Design Review (26.412) for compliance of the proposed project with current Pedestrian
Amenity requirements and the Commercial, Lodging, and Historic District Design Standards and
Guidelines.
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• Timeshare Development (26.590) to review compliance with requirements related to the establishment,
operation, and management of timeshare lodge development.
• Transportation and Parking Management (26.515) for review of compliance with parking and
transportation demand management requirements.
• Special Review (26.430) for review of specific Land Use Code sections, including, but not limited to
Transportation and Parking Management, that allow for special review in evaluating flexible compliance.
• Mountain View Plane Review (26.435) for compliance with criteria established to protect mountain views.
The project is in the background of two view planes.
• Vested Property Rights (26.308) for review of the request for a new three-year vesting period, for the
substantially changed project should the application be approved.
The Planning and Zoning Commission (P&Z), The Historic Preservation Commission (HPC), Aspen Pitkin
County Housing Authority (APCHA) Board, and Open Space and Trails Board will be making separate
recommendations to City Council. City Council is the final review authority for these reviews, but there
are aspects of this project that will require a public vote for full approval. A ballot question for the Lift
One Corridor Project is tentatively scheduled for February of 2019. If the ballot initiative is successful,
the project will be subject to Detailed Review (primarily a materials and fenestration review) by both the
P&Z and HPC subsequent to the vote. It is important to note that given the scale of the proposed
changes, this project is reviewed under the current code as a Major Amendment.
At the October 22nd City Council meeting, an introduction to the project will be provided at First
Reading for Ordinance No. 38, Series of 2018. Second Reading is tentatively scheduled for November
12, 2018, at which time, the Lift One Lodge project is proposed to be reviewed concurrently with the
Gorsuch Haus project.
BACKGROUND:
Prompted by the Gorsuch Haus Lodge land use application in 2016, a community discussion encouraged
a collaborative effort by multiple stakeholders to evaluate the feasibility of moving Lift 1A further down
its corridor to be closer to Dean Street. An exhaustive study by ski lift consultant, the SE Group provided
a preferred alternative that proposed placement of the lift station in the approximate location of the
original Lift 1, on today’s Willoughby Park.
To accommodate this proposed realignment, Lift One Lodge Aspen, LLC, initiated a redesign of their
previously approved and currently vested project. In this new design, many aspects of the project are
not changing, while others would change significantly. Some of the proposed changes are a direct
response to a physically different ski corridor and other site planning necessities; other aspects of the
amendment reflect desires for new, and additional programming.
The Lift One Lodge received its original Planned Development approvals with Ordinance No. 28, Series
of 2011. A summary of the existing approvals:
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Staff Memo – Planning and Zoning Commission
• A reconfiguration of parcels to create four lots. Two are owned by Lift One Lodge and would
accommodate the lodge buildings and the Skiers’ Chalet Steakhouse. The other 2 lots are parks owned
by the City of Aspen; Willoughby and Lift One Parks.
• The maintenance of a future ski corridor between the two lodge buildings
• A re-aligned/narrowed Aspen Street that reshaped the western property lines of the Planned
Development.
• A vacated Gilbert Street that would now end at the east Lift One Lodge property boundary.
• Two lodge buildings that include timeshare lodge units, free-market residential units, and commercial
space.
• A relocated Skier’s Chalet to Willoughby Park that would house a ski museum to be owned and operated
by the Aspen Historical Society. Lift One Lodge was responsible for relocating the building and updating
it to a “white box” condition (where basic life safety and essential mechanical systems are installed, but
interior finishes are left rough) prior to AHS taking possession.
• The Skiers’ Chalet Steakhouse would remain in its current location and would be renovated to provide
deed-restricted, dorm-style housing for 16 employees as part of the affordable housing mitigation
requirements of Lift One Lodge.
• A subgrade parking garage, that would enter from S. Aspen Street and would provide 163 parking spaces,
50 of which would be public to replace lost parking along S. Aspen and in Willoughby Park.
• A maximum height for the Lift One Lodge buildings that would be measured from an interpolated grade.
Additionally, the approved height for both buildings was taller than allowed by the Lodge (L) Zone
District.
• An extensive list of development requirements that included improvements to Dean and S. Aspen Streets,
relocation of the Skiers’ Chalet and Skiers’ Chalet Steakhouse, 50 public parking spaces, amenities for
skiers including a public locker room, preservation of the historic Lift One structures, and escrow funds
to pay for an eventual lift solution to bring skiers up to Lift 1A from Dean Street.
A subsequent amendment in 2016 approved changes to exterior architectural features, and an increase
to commercial net leasable square footage to accommodate a rearrangement of internal programming
of the lodge building. Additionally, on three occasions, City Council has approved extensions of vested
rights. The most recent approval of a two-year extension was specifically granted to accommodate the
efforts to study the potential realignment of Lift 1A. The approved project has vesting through
November 28, 2021.
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Staff Memo – Planning and Zoning Commission
PROPOSED AMENDMENT:
Figure 2 (below) illustrates the proposed site plan for the Planned Development (PD) that has resulted
from the relocation of the ski lift to the preferred alternative identified by the SE Group study. The site
plan depicts the following changes:
• A widened ski corridor
• A relocated lift station and lift corridor
• Relocated Skiers’ Chalet and Skiers’ Chalet Steakhouse
• A relocation of historic Lift One structures (the bull wheel and three towers)
• Inclusion of ASC skier services and ski patrol
• A redesign of Willoughby Park
• A change to the point of access to subgrade parking garage – proposed for Dean Street
• A cul-de-sac that creates a terminus of Gilbert Street
• The use of the Steakhouse as commercial space for a restaurant/bar
rather than dorm-style employee housing.
• Changes to the massing and programming of the Lift One Lodge buildings
• Additional design changes and improvements to Dean Street
Lot Configuration and Rezoning
The project would reduce the lots in the PD from 4 to 3. Lot 1 would
include the west Lift One Lodge Building and the Skiers’ Chalet
Steakhouse. Lot 2 would include the east building of Lift One Lodge. Lot
3 would be owned by the City of Aspen and would include Willoughby
Park, Lift One Park, the ski corridor as it moves through the project area,
the new lift station, Historic Lift One structures, and the relocated Skiers’
Chalet that would include the ski museum, and skier services and ski patrol
facilities for Aspen Skiing Company. While the lots would be reconfigured and reduced from 4 to 3 lots,
the total square footage that would be owned by Lift One Lodge and the City of Aspen would be nearly
Figure 2 – Conceptual Site Plan for Amended Lift One Lodge Planned Development
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Staff Memo – Planning and Zoning Commission
identical to the existing approval. This change is reviewed through Subdivision criteria in Chapter
26.480. See Figure 3 for the proposed lot configuration.
While the zone designations for the PD will not change (Lodge (L) and Park (P) zone districts with a
Planned Development overlay), because the lot configuration is changing – an amendment to the Zone
District Map is required in addition to the Subdivision approval. While the proposed uses on Lots 1 and
2 are consistent with the underlying Lodge zone district, the commercial nature of accessory uses and
the subgrade vehicle access and parking proposed for Lot 3 (reconfigured Willoughby and Lift One
Parks) are not permitted uses in the Park (P) zone district. The PD overlay can provide allowance for
these uses, but the exchange of the land to accommodate the changes and establishment of these uses
on a City Park are issues requiring voter approval.
Figure 3 – Proposed Lot Configuration. Lots 1 and 2 would be owned by the Lift One Lodge, Lot 3 by the City of Aspen.
Lots 1 and 2 would have underlying zoning of Lodge (L), Lot 3 would have underlying zoning as Park (P). All lots would be
included within the Planned Development overlay.
Changes to Lift One Lodge Buildings
The two Lift One Lodge Buildings are changing in response to requirement that the ski corridor widen.
Consequently, both buildings are becoming narrower and longer. Additionally, the buildings are
proposed for a combined 31,528 square feet of additional floor area – compared to the calculations from
the 2011 approvals.
Lot 1
Lot 3
Lot 2
Aspen Street Dean Street Dolinsek Property
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Lift One Lodge – Major Amendment
Staff Memo – Planning and Zoning Commission
Height and Massing
Important to the original approvals, Lift One Lodge was granted an interpolated grade from which to
measure height. Typically, height is measured from the more restrictive of either finished or natural
grade. In this case, the previous approval identified an interpolated grade (which is an estimated pre-
development, or natural grade) and allows measurement of height from this interpolated grade. In the
original approval, the maximum height of the west building was established as 53.3 feet; for the east
building, 47.5 feet. Additionally, additions to the roof to accommodate mechanical equipment, including
elevator overruns were limited to 10 feet. In the original approval, a roof over topography plan and
elevations that complied with these heights were established.
As depicted in newly submitted drawings (including height over topography and elevations), the
proposed changes comply or are less than the maximum dimensions of the original approval. Both
buildings include elevator and mechanical overruns that comply with a 10 feet height maximum.
As both buildings are getting narrower to accommodate the ski corridor and floor area is increasing, the
length of the massing of both buildings is increasing. Consideration of these changes to overall massing
in relation to the maximum height of the building will be an important part of City Council’s review. See
Exhibit G, for more images that depict building height and massing.
Related to the height issue, Mountain View plane review is required as the project is located in the
background of two View Planes (Main Street and Wheeler). While staff agrees with the application that
the maximum height of the approved project is established, both the massing of the building and the
code language for Mountain View planes have since changed. In staff’s initial analysis, the project
infringes only on the Wheeler view plane. The applicant will provide, prior to Second Reading, a visual
analysis from the Wheeler view plane point of origin to better understand the project’s compliance with
the review criteria.
Figure 4. Existing Approval – West Elevation of West Building – as viewed from S. Aspen Street.
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Staff Memo – Planning and Zoning Commission
Figure 5. Proposed Amendment – West Elevation of West Building – as viewed from S. Aspen Street.
Figure 6. Existing Approval – East Elevation of the West Building – as viewed from the ski corridor.
Figure 7. Proposed Amendment – East Elevation of the West Building – as viewed from the ski corridor.
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Staff Memo – Planning and Zoning Commission
Internal Programming
In terms of gross floor area (the total size of the building both below and above grade), the two buildings
are nearly identical - approximately 200,000 square feet in both iterations. However, when analyzing
this more closely, there is one important change. The parking area is getting approximately 22,000
square feet smaller in the proposed project. This means that roughly 22,000 square feet is being
allocated to the lodge, commercial and residential space. This also means that a portion of the 22,000
square feet is above grade rather than below grade. In short, the projects are roughly the same, but the
proposed project is shifting gross floor area above grade. It is important to note that this comparison
of the two buildings is solely for the purpose of trying to get at an “apples to apples” evaluation – it is
not a measure that is considered by the Land Use Code. The LUC instead uses a calculation of “Floor
Area” that differentiates above and below grade space. The approved Floor Area in the existing project
is not comparable to current calculation methods – and is therefore not fully useful in evaluating
approved vs. proposed.
The Amendment to Lift One Lodge proposes a total Floor Area of 107,651 square feet (measured by
current Code). The allowed Floor Area for Lot 1 and 2 combined is 112,075 square feet. This allowable
Floor Area is derived from the maximum Floor Area Ratio (FAR) of 2.5 : 1, as specified in the Lodge (L)
zone district. Expanded programming in the Lift One Lodge buildings provides for a total of 34 lodge
units (104 keys), six free-market units, one affordable housing unit, and 16,125 square feet of commercial,
net leasable.
With this proposed programming, the following describe the changes from the existing approval:
1) Commercial, net leasable space is reduced by just over 7,000 square feet
2) The number of lodge units is increasing by 12 units; lodge keys by 20.
3) Free-market residences are increasing by 1 unit and just over 5,000 square in net livable area
4) Non-unit space (areas used to serve the lodge as a whole) is increasing significantly
Figure 8. Existing (left) and Proposed (right) Elevations of the East Building.
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Lift One Lodge – Major Amendment
Staff Memo – Planning and Zoning Commission
A few additional numbers emerge from this amended programming that are worthy of specific
consideration. First, the configuration of this project, like other lodges, creates a number of units that
can then be broken down into smaller configurations called lock-off units or lodge keys. In the smallest
unit configuration of the proposed project, the average lodge unit size (key size) is 519 square feet of
net livable area. This number is important as it informs the affordable housing mitigation and
dimensional allowances for the project as a whole. The Land Use Code places priority on this number in
providing incentive to reduce the size of an individual, rentable division, lock-off unit. The smaller the
division, the less mitigation required. The largest unit configuration (using the 34 full size units as the
measure) is approximately 1,575 square feet. The application includes a Conceptual Timeshare Use and
Management Plan. As submitted, the plan combined with regular audits of the operation of the lodge,
provide assurance that the west building of the development will function as a lodge.
Secondly, in the Lodge (L) zone district, thresholds exist for free-market residential uses that are
associated with lodge uses. The first of these thresholds is a floor area ratio (FAR) that establishes the
amount of free-market net livable permitted relative to the amount of lodge and affordable housing net
livable – and is established based on the average lodge unit size described above. In this measure, the
proposed amendment is compliant as it is less than (0.343) the 0.4 : 1 FAR limit in the Lodge (L) zone
district. The second threshold is a maximum unit size. Today, free-market units are limited to 1,500
square feet of net livable area that can be increased to 2,000 square feet if TDRs are extinguished for
each unit. The previous approval, prior to this limit being established, allowed an average free-market
unit size of just more than 2,600 square feet (Floor Area). A more precise calculation of the new unit
sizes is forthcoming from the applicant, but staff evaluation shows the units to be approximately the
same size as the previously approved units (although increasing from five to six units).
Please see Exhibit E, Project Dimensional Table for details in comparing the original approvals with the
proposed amendment.
Transportation, Access, Parking
Dean Street and Subgrade Garage
In the proposed project, Dean
St. becomes one-way from west
to east with a single, shared
(auto and bike) travel lane; a
drop-off pullout adjacent to
Willoughby Park; a separated,
counter directional lane for
bicycles; and improved
pedestrian facilities on both
sides of the street. As the
conditions on Dean Street
create a narrow right of way, the
one-way solution will move
traffic efficiently, while
encouraging multi-modal use. The proposed west to east direction allows for passenger drop-off in the
turnout adjacent to the proposed Willoughby Park plaza.
Figure 9. Level one of the subgrade parking garage with entry from Dean
Street that includes the majority of the public parking area.
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Lift One Lodge – Major Amendment
Staff Memo – Planning and Zoning Commission
These improvements, that have the support of the City Engineering Department, are proposed to
support a major change to the approved project. In the original design, a subgrade parking garage was
accessed from S. Aspen Street. In the proposed change, the garage is now accessed via Dean Street
with a ramp that emerges to the east of the Skiers’ Chalet Lodge. The garage provides 50 public parking
spaces (that were required in the original approval) and proposes 59 additional spaces related to Lift
One Lodge. The subgrade garage provides trash and recycling facilities, a loading zone and service
access for Lift One Lodge, service access and loading for Aspen Historical Society and Ski Co., public
locker space, storage for the City Parks
Department, bicycle parking, and vertical
circulation to connect to levels above.
Importantly, the subgrade garage also has
to provide structural support for the ski
lift terminal that is located directly above
the garage. As the lift is proposed closer
to Dean St., improvements on Dean
include greater pedestrian, bike and
drop-off accommodations than originally
designed.
Gilbert Street
In the existing approval, the Gilbert Street
right-of-way was vacated as it crossed the
Lift One Lodge Subdivision PD. Gilbert
Street was designed to simply dead end
at the east boundary. In the proposed
amendment to the project, Gilbert Street continues a short distance onto the Lift One Lodge Property
and terminates as a cul-de-sac. The cul-de-sac is located under the massing of the upper stories of the
Lift One Lodge east building and would allow all traffic on Gilbert to safely turn around and return to
Monarch. The remaining portion of Gilbert Street continues as a City of Aspen street. It is important
to note that Gilbert Street is very narrow (less than 17 feet wide).
Neighbors to the project on Gilbert Street have raised objection to this new design for the street and
the relationship of the east building to the vacated Gilbert Street. As both buildings were narrowed and
reshaped to accommodate the ski corridor, the buildings have become longer as well. The east building
has moved into the area of the Gilbert Street vacation. The east building, served by the cul-de-sac, is
proposed as entirely residential (free market and affordable housing – for a total of seven units). All
lodge traffic will utilize a reception area accessed off of S. Aspen and the sub-grade garage accessed
off of Dean Street. See Figure 2 on page 5 for a depiction of Gilbert Street on the Proposed Site Plan.
Transportation Impact Analysis (TIA)/Multi-Modal Level of Service (MMLOS)/Parking
The most recent changes to Aspen’s parking code ties parking and transportation requirements
together, requiring projects to provide both parking and mitigate new vehicle trips generated through
alternative means such as bike racks, car share or sidewalk upgrades. The project as proposed is 16.1
spaces below the minimum number required by the Land Use Code. Special Review can be utilized for
Figure 10. Level 2 of the subgrade parking area- includes the parking
for L1L – that will likely be primarily served by valet service.
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Lift One Lodge – Major Amendment
Staff Memo – Planning and Zoning Commission
evaluating the minimum number of required spaces, but in this case, because of the overall
neighborhood parking context, staff is not recommending such consideration at this time.
If the parking design as proposed is not changing, a cash-in lieu payment would be required (permitted
by code – at $38,000 per space) and Special Review approval would be required for the tandem parking
spaces proposed in the lodge portion of the parking garage. Staff recommends that approval of this
parking configuration be conditioned on the provision that the spaces are only accessed by valet service
– a condition typical for other lodge projects in town. Final parking requirements are dependent on
confirmation of finalized project uses.
Employee Housing Mitigation
Existing Approvals
In the original approvals for the Lift One Lodge PD, the project was approved with mitigation for 100%
of their employee generation through a mix on on-site units, off-site units, affordable housing credits,
and cash-in-lieu. While not required by code at the time, the 100% rate was an outcome of the larger
negotiation of the project. Based on the specific project and mitigation formulas in place at the time of
the original approval, the project generated 35.12 FTEs.
In 2016, a Minor Amendment to the Planned Development was approved that among other things
reconfigured the internal programming of the lodge building. The result was a significant increase to
Commercial Net Leasable area of more than 18,000 square feet. At the time, this increase of commercial
floor area required an additional 55.84 FTE of employee mitigation – again, at the 100% rate. This
brought the total mitigation for the project to 90.96 FTE.
A second important element of the original project related to employee housing mitigation was the
relocated Skiers’ Chalet. The new location of this building in Willoughby Park would house a ski museum
owned and operated by the Aspen Historical Society. In the approval, this building was determined to
be an “Essential Public Facility”. Then, as now, City Council has the discretion to require, waive, or
reduce the mitigation requirements for Essential Public Facilities. In the previous approvals, Council
waived the mitigation requirements for the ski museum.
Lastly, in the existing approvals, the project was proposed to provide 16 FTEs of its required mitigation
through on-site, dorm-style, employee units in a renovated Skiers’ Chalet Steakhouse. The balance of
the required mitigation was approved to be provided through off-site units, Affordable Housing Credits,
APCHA approved buy down units, or cash-in-lieu payment.
Proposed Changes
The amendment proposes changes that will impact employee housing mitigation.
First, the Skier Chalet Steakhouse is relocated and repurposed. Moving closer to Willoughby Park and
the new lift, the building would now be used as space for a restaurant / bar – rather than the dormitory-
style employee housing units.
Second, the applicant proposes one (1), on-site, one bedroom, employee housing unit to be located in
the east building of Lift One Lodge. This unit would satisfy 1.75 FTE of the required mitigation. The unit
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Lift One Lodge – Major Amendment
Staff Memo – Planning and Zoning Commission
is proposed at 791 square feet of Net Livable area. A more detailed understanding of the unit will need
to be evaluated to ensure that at least 50% of the unit’s net livable area is above grade. If it is not, Special
Review will be required. The remaining mitigation is proposed to be provided through a mix of off-site
units, affordable housing credits and cash-in-lieu
Third, in the current proposal, the Skiers’ Chalet is shared by the Aspen Historical Society and Aspen
Skiing Company – to provide space for Skier Services and Ski Patrol – in addition to the ski museum. The
square footage utilized by Ski Co. is considered net leasable square footage and will be included in the
calculation of mitigation for the project as a whole. The square footage in the building that will be
programmed by the Aspen Historical Society is proposed to remain as Essential Public Facility.
As the proposed project is a Major Amendment to a Planned Development, the project is now subject
to the generation and mitigation rates in the current Land Use Code. Since 2006, both the generation
and mitigation rates have changed in response to updated studies and new community goals. While
staff acknowledges the existing vested rights that the project holds, and recognizes the contribution of
the Lift One Lodge developers toward the current momentum towards the Lift One Corridor project
and the relocation of the lift, the Land Use Code is clear on this topic. Based on the current generation
and mitigation rates and the application of LUC methodology to the proposed project, Staff estimates
that the project would generate nearly 162 FTEs and would be required by Code to mitigate for nearly
62 FTEs (Category 4). This number includes all of the proposed uses on the Lift One Lodge property
and the net leasable associated with Ski Co. operations. See Exhibit F for a detail of this calculation.
The Land Use Code does provide (at City Council’s discretion) an alternative to the standard
methodology for calculating required mitigation. This path (Employee Generation Review,
26.470.050.C) is specifically available to Lodge development. At this time the applicant has not
proposed utilizing this alternative method, but it is expected that a proposal will be made – and staff is
supportive of considering this alternative method.
APCHA and P&Z are both providing recommendation to City Council on issues related to growth
management mitigation. These recommendations will be provided in full with the updated packet for
Second Reading of Ordinance No. 38, Series of 2018.
Growth Management Quota System Allotments
The majority of the GMQS allotments for this project have been previously approved. The proposed
project is requesting additional allotments for 40 additional lodge pillows and one (1) free-market unit.
The additional requested allotments are available for the 2018 year.
Willoughby Park Site Planning and Programming
With the reconfigured lot lines, City Property would extend from the south end of the planned
development as it moves through the ski corridor and between the Lift One Lodge buildings. As the
property gets closer to Dean Street, Willoughby Park widens. In the proposed Plan, Willoughby Park
will contain the new ski lift, the relocated Skiers’ Chalet that will contain a ski museum operated by the
Historical Society, and space for skier services facilities and ski patrol for Ski Co. At ski level, the pool
house that is part of the current Skiers’ Chalet property will be relocated and in the most recent iteration
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Lift One Lodge – Major Amendment
Staff Memo – Planning and Zoning Commission
is proposed to house exterior restrooms. Importantly, the sub-grade parking garage and related
structures will be located underneath nearly the entirety of the City-owned, Lot 3.
Willoughby Park is the home of the historic Lift 1 bull wheel and first tower. Two additional towers that
are located up hill on Lift One Park that remain in the original alignment are proposed for relocation,
perhaps off-site as they will conflict with ski operations. Aspen Ski Co. is evaluating the potential of
alternative location for these towers on Aspen Mountain retaining the original alignment, perhaps at the
terminus of the historic Lift 1. The bull wheel and first tower are proposed to remain onsite, although
relocated about 40 feet downhill from their existing locations and remaining in the same alignment.
These structures are being highlighted in the Parks Department design and will be even more visually
prominent from Dean Street.
As essential element of the proposed Lift One Corridor project is the Dolinsek family property.
Adjacent to Willoughby Park, this property while owned by the City of Aspen and the Aspen Valley Land
Trust, holds a life estate and permanent open space covenant. While the covenant prohibits the
placement of ski lift structures on or above the property, it does allow the property to be used for the
ski way and ski-related operations.
Combined, Willoughby Park and the planned Dolinsek Gardens will play essential roles in the
functioning of ski operations, and the ski corridor. Several skiing access points – including Dean Street,
S. Aspen Street, and Monarch Street accessed via Dolinsek Gardens are proposed. Significant design
work has provided ADA access from Dean Streets and S. Aspen Streets.
The Open Space and Trails Board will discuss these proposed changes to Willoughby and Lift One Parks
at their meeting on October 18th and will be providing recommendation to City Council. Additionally,
Figure 11.
Willoughby
Park/Dolinsek
Gardens Site Plan –
Summer Concept
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Lift One Lodge – Major Amendment
Staff Memo – Planning and Zoning Commission
the Historic Preservation Commission will provide recommendation at their October 24th public hearing
as Willoughby and Lift One Parks are designated landmarks and the project proposes the relocation of
the designated Lift One structures, and Skiers’ Chalet buildings.
Development Requirements
In the original approvals, as outlined in Ordinance No. 28, Series of 2011 and confirmed with a recorded
development agreement, a full range of development requirements were agreed to by the original
developers of Lift One Lodge. These requirements included financial guarantees, infrastructure
improvements, escrow funds for specific purposes – and importantly the relocation and restoration of
the Skiers’ Chalet to white box condition. As the corridor project has developed and aspects of the
project have changed, the applications from Lift One Lodge and Gorsuch Haus have provided a Draft
Cost Sharing Plan that outlines individual and shared responsibilities for the improvements required for
the project as a whole. While still in draft form, this plan proposes alterations to some of the
development requirements of the original approvals and includes the City of Aspen as a partner in costs
associated with the project. More specifics about the proposed cost sharing agreement continue to be
reviewed and will be discussed with Council as part of subsequent meetings.
Vested Rights
Due to the substantial proposed changes to the existing approvals, including a reconfiguration of lot
lines, rezoning, changes to site planning and programming of Lift One Lodge and Willoughby Park, and
importantly, the review for authorization of new growth management allotments, the applicant is
requesting the establishment of a new, three (3) year vesting period that would begin from the issuance
of a development order.
Figure 12.
Willoughby
Park/Dolinsek
Gardens Site Plan –
Winter Concept
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Lift One Lodge – Major Amendment
Staff Memo – Planning and Zoning Commission
STAFF EVALUATION:
Community Development Staff has helped to facilitate and organize the process that has resulted in the
cooperative outcomes that are emerging in the Lift One Corridor Project and the land use applications
submitted by Gorsuch Haus and Lift One Lodge. Staff believes that there is significant community
benefit in bringing Lift 1A down to Dean Street and in re-vitalizing this original portal to Aspen Mountain.
The proposed redesign of Willoughby Park and the relationship to the future Dolinsek Gardens will
provide year round amenity to residents and visitors.
In regards to Lift One Lodge, Community Development staff recognizes the existing vested rights that
the project holds – granted by two separate approvals in 2011 and 2016. However, due to the nature of
the proposed changes in the application for a Major Amendment, this project is now subject to the
requirements of current code. Staff is attempting to balance the original approvals, established vesting
of the project, and the proposed changes against the current Land Use Code.
Following the completed reviews and recommendations from APCHA, Planning and Zoning
Commission, Historic Preservation Commission, and Open Space and Trails Board, staff will provide a
more thorough evaluation of the proposed changes to the project for Council’s consideration at Second
Reading.
In summary, while staff is generally supportive of the Lift One Lodge/Willoughby and Lift One Parks’
project specifically, and the Lift One Corridor Project as a whole, there are details of the Lift One Lodge
project that continue to emerge in what continues to be an iterative design process. Staff is awaiting
new responses from the applicant team resulting from discussions with the review boards.
REFERRAL DEPARTMENTS:
At a Development Review Committee (DRC) meeting on September 19, 2018, City agencies had a first
opportunity to make formal comments on the proposed changes to the project. These comments are
included as Exhibit C. While the conceptual foundation of this project is established, there are details
that are still being designed by the applicant team’s planners, engineers, and architects. Much of this
work is in response to initial comments from City Staff. Referral agencies will continue to evaluate this
new work as the project moves toward Council review.
PUBLIC OUTREACH AND APPROVAL PROCESS:
This project will likely have two public hearing meetings each with P&Z and HPC in the creation of
recommendations to City Council. APCHA will be making a recommendation regarding employee
housing mitigation. Open Space and Trails Board will consider and make recommendation on the design
and programming related to Willoughby Park and the ski corridor. Lift One Lodge held a meeting on
October 1st with their neighbors and the community, and a site visit is scheduled for review boards, city
council and interested members of the public on October 15th at 12pm – to view staked building footprints
and a discussion on height and massing.
With this input, City Council will be considering Lift One Lodge at First Reading on October 22nd.
Second Reading for both Gorsuch Haus and Lift One Lodge is scheduled for November 12th and 26th
(and into December if needed). As part of Council’s consideration, additional opportunities for the
public to provide input will be scheduled by City Staff in coordination with the applicant teams. If
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Lift One Lodge – Major Amendment
Staff Memo – Planning and Zoning Commission
supported by Council, ballot language will be crafted and an election will be held in February of 2019,
unless a November 2018 ballot initiative related to the timing of municipal elections is successful.
STAFF RECOMMENDATION:
Staff recommends that City Council approve Ordinance No. 38, Series of 2018 on First Reading.
PROPOSED MOTION:
“I move to approve Ordinance No.38, Series of 2018, on First Reading.”
EXHIBITS:
Review Criteria
A.1 Planned Development, Major Amendment, Project Review
A.2 Subdivision
A.3 Rezoning
A.4 Growth Management Quota System
A.5 Commercial Design
A.6 Timeshare Development
A.7 Transportation and Parking Management
A.8 ESA, Mountain View Plane
A.9 Vested Property Rights
Additional Material
B. Development Review Committee Comments
C. Complete Application
D. Updated Drawings; 9/24/18
E Project Dimensional Table
F. Estimate of Employee Generation/Mitigation
G. Height/Massing Diagrams
Previous Approvals
H. Ordinance No. 28, Series 2011 (original approval)
I. P&Z Resolution No. 2, Series of 2016 (minor amendment)
J. City Council Resolution No. 71, Series of 2018 (vested rights extension)
Recommendations
K. APCHA Board Recommendation, October 3, 2018
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Gorsuch Haus, Planned Development
Staff Memo – City Council
MEMORANDUM
TO: Mayor Skadron and City Council
FROM: Mike Kraemer, Senior Planner
THRU: Jessica Garrow, Community Development Director
RE: Gorsuch Haus – Planned Development and Associated Reviews
Continued 2nd Reading of Ordinance No. 39 (Series of 2016) (Public hearing)
MEETING
DATE: November 12, 2018
APPLICANT /OWNER:
Norway Island, LLC
Aspen Skiing Company, LLC (owner)
REPRESENTATIVE:
Design Workshop, Inc.
LOCATION:
Four parcels, at the top of and along
the east side of South Aspen Street
(Lift 1A).
CURRENT ZONING & USE
All properties are located within the
Conservation (C) zone district. The
current use of the property is the
base of a ski lift (Lift 1A) and an
existing ski operations building.
PROPOSED LAND USE:
The Applicant is requesting to
reconfigure lot lines and develop a
lodge with commercial, free-market
residential, and affordable housing
uses. A rezoning to the Lodge (L)
Zone District is also proposed.
SUMMARY:
The Applicant requests City Council approval for a number of
land use reviews in order to redevelop the site with a new
mixed use lodge building. In 2016 the Planning and Zoning
Commission recommended denial of the initial proposal.
Subsequently, City Council passed a motion to table the 2nd
reading of the application to further study potential relocation
options of the Lift 1A lift station and ski alignment. This study
has been completed resulting in a revised application from the
Applicant.
STAFF RECOMMENDATION:
Staff recommends continuation of Ordinance No. 39 Series
2016, to accommodate further discussion with City Council,
particularly on the topic of the proposed Cost Sharing
Agreement.
Photo: Lift 1 A looking northeast from Norway ski run
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Gorsuch Haus, Planned Development
Staff Memo – City Council
Figure 1. Rendering of the proposed project looking southeast from the proposed South Aspen St. cul de sac.
Figure 2. Rendering of the proposed project looking southwest.
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Gorsuch Haus, Planned Development
Staff Memo – City Council
LAND USE REQUESTS AND REVIEW PROCEDURES:
The subject application was submitted in 2016 and is being reviewed under the 2016 Land Use Code. The
Applicant is requesting a consolidated review, meaning all final decisions are granted by the City Council
based upon a recommendation by the Planning and Zoning Commission:
• Planned Development - Project Review (Chapter 26.445) for conceptual review (step 1), to permit
restaurant/retail uses and ski operations within Lodge (L) Zone District (Lot 1), and to permit ski
operations within the Conservation (C) Zone District (Lot 2).
• Rezoning (Chapter 26.310) to amend the underlying zone district for the reconfigured Lot 1 from
Conservation (C) zoning to Lodge (L) zoning.
• Conceptual Commercial Design Review (Chapter 26.412, and the Commercial Design Guidelines) for
construction of a mixed-use development.
• 8040 Greenline Review (Chapter 26.435) to develop in an Environmentally Sensitive Area.
• Mountain View Plane (Chapter 26.435) to develop in an Environmentally Sensitive Area.
• GMQS Reviews (Chapter 26.470) for residential multi-family, affordable housing, lodging and
commercial development and associated allotments.
• Major Subdivision for the reconfiguration of the existing parcels pursuant to Land Use Code Chapter
26.480.
• Special Review for a lodge density standard pursuant to Land Use Code Chapter 26.430.
• Special Review for affordable housing unit net livable standards, pursuant to Land Use Code Chapter
26.430.040(I).
• Vested Property Rights for the development proposal, which allows the development to be built after
approval without meeting any zoning or land use changes during a prescribed time, pursuant to Land
Use Code Chapter 26.308. The Applicant is requesting a standard vesting period of three years
associated with a site-specific development plan.
PROCESS:
The proposed redevelopment of Lift 1A includes a number of land use reviews inclusive of Planned
Development, which is a three-step review process. The first step, Planned Development – Project
Review before the Planning and Zoning Commission was completed on September 20th, 2016 after four
public hearings. The Commission, via Resolution No. 7 (Series of 2016), recommended denial of the initial
proposal (Exhibit B.2). Review of the application by City Council is the second step in the review process
and Council will consider the application and recommendations of the Commission at a public hearing.
The review (Project Review) by Council will focus on the mass, scale, site plan, and dimensions of the
project. If approved by City Council, the Applicant may then make an application for Planned
Development – Detailed Review which is before the Planning and Zoning Commission (step three).
Additional land use approvals necessary for this project are consolidated with the Project Review portion
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Gorsuch Haus, Planned Development
Staff Memo – City Council
of the Planned Development (steps 1 & 2). A public vote is anticipated on the Lift 1 Corridor Project as
outlined earlier.
PREVIOUS CITY COUNCIL MEETING AND BACKGROUND:
The City Council met on four previous occasions to discuss the proposal during public hearings. Most
recently on March 27th, 2017, the City Council considered the request at 2nd Reading and tabled the
application. The purpose of tabling the application was to allow sufficient time for Staff to engage a 3rd
party consultant to independently study the Applicant’s proposed location of the Lift 1A lift station near
the top of South Aspen Street in close proximity to the existing Lift 1A terminal, and to evaluate
alternative relocations for the 1A lift. The tabling of the application was also passed to allow additional
time for the Applicant to address suggestions expressed by the City Council regarding the mass/scale,
building footprint, height and the appropriateness of rezoning the subject properties to the Ski Area base
(SKI) zone district.
Prompted by the initial Gorsuch Haus submittal, a community discussion ensued and encouraged a
collaborative effort by multiple stakeholders to evaluate the feasibility of moving Lift 1A further down its
corridor to be closer to Dean Street. In 2017, Staff engaged the consulting firm “SE Group” to evaluate
potential scenarios for the relocation of Lift 1A through a scope of both regulatory functions for the lift
realignment and skier/pedestrian accessibility to the lift. Multiple alternatives were considered including
scenarios that involve the adjacent property to the north, privately owned by Lift One Lodge Aspen LLC.
Willoughby Park, Lift 1 Park, and the Dolinsek property are all City owned properties and are also included
in certain lift realignment scenarios. The historically designated Lift 1 bull wheel (Historic designation -
Ordinance #37, Series of 1974) which currently resides in Willoughby Park was also taken into
consideration during this analysis. Through a series of work sessions in the fall of 2017, Staff updated the
City Council of the SE Group’s evaluation and findings. The City Council provided direction that the
preferred location for Lift 1A should be as close as possible to Dean Street. With a loading platform sited
in the approximate location of the historic Lift 1 bull wheel in Willoughby Park, the resulting skier return
is through Lift 1 Park and the Dolinsek property. This preferred scenario also retains the historically
designated Lift 1 bullwheel in Willoughby Park by moving it to the north and creates a pedestrian
accessible lift terminal from Dean Street and downtown Aspen. To accomplish this scenario, certain
amendments to the previous Lift 1 Lodge development entitlements need to occur. Lift 1 Lodge is
currently under review consideration by the City Council. Additionally, the Gorsuch Haus development
proposal necessitates certain changes to accommodate the new Lift 1A ski alignment and towers.
LIFT 1A CORRIDOR PROJECT
The 2nd reading of the Gorsuch Haus application is being reviewed concurrently with the Lift 1 Lodge
amendment application. Due to the proposed relocation of the Lift 1A terminal from the Gorsuch Haus
property to the City owned Willoughby Park, and the resulting lift corridor realignment across both the
Gorsuch Haus properties and Lift 1 Lodge property, these 2 development applications are interconnected
and share attributes that accomplish mutual goals for base area redevelopment. It is Staff’s
recommendations that these applications be considered as the Lift 1A Corridor Project which
encompasses a comprehensive review for these development applications.
City Council is the final review authority for many of the land use reviews, however, there are aspects of
this project that will require a public vote for full approval. A ballot question for the Lift One Corridor
Project is tentatively scheduled for February or March of 2019. If the ballot initiative is successful, the
project will be subject to future Detailed Review (primarily a materials and fenestration review) by the
P&Z, subsequent to the vote.
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Gorsuch Haus, Planned Development
Staff Memo – City Council
PROJECT SUMMARY:
The Applicant, Norway Island, LLC (which has received consent to submit a land use application by the
Aspen Skiing Co., LLC), is requesting approval to redevelop four parcels located at the end of S. Aspen
Street where Lift 1A is located. The city/county boundary crosses one of the subject parcels (Government
Lot 31) as shown in Figure 11.
Figure 3: Subject parcels and jurisdictional boundary, looking south2
*Overall view of the 4 properties, looking south. *Magnified view of the 4 properties, looking
south.
The Applicant has submitted a revised request to develop the parcels with a new mixed-use building that
will contain:
• 81 lodge keys which equals 162 pillows
(the previous application requested an identical number of lodge keys and pillows)
• 4 free-market residential units totaling 8,000 square feet of net livable floor area.
(the previous application requested 6 free market residential units totaling 10,228 square feet of net
livable floor area)
• 1 – 1 bedroom onsite affordable housing unit totaling 730 square feet of net livable floor area.
(the previous application proposed 1-2 bedroom onsite unit)
1 When a property is located within two jurisdictions, development may only occur within the boundary of the
entity reviewing the land use request.
2 Subsequent images will only show Government Lot 31 to the Pitkin County/City of Aspen jurisdictional
boundary.
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Gorsuch Haus, Planned Development
Staff Memo – City Council
• 7,730 sq. ft. of commercial net leasable area inclusive of a restaurant, bar, and retail operation.
(the previous application requested 9,111 square feet of commercial net leasable floor area and
included Aspen Ski Company facilities, which have been relocated to Lift One Lodge)
• 56 onsite parking spaces located in a subgrade garage.
(the previous application proposed 58 onsite parking spaces)
Customary lodging amenities are also proposed within the building such as a flex/meeting room, spa, and
fitness room. A new, relocated lift alignment is proposed and certain rights of way are requested to be
vacated. A portion of private property is proposed to be dedicated to the City of Aspen for South Aspen
Street right of way and cul de sac improvements. Overall, approximately 64,023 square feet of floor area
is proposed. Gross area for the entire development is stated to be approximately 120,498 square feet.
Figures 4:
2016 site plan. Revised 2016/2017 site plan Proposed site plan
KEY ISSUES: There are nine different land use review processes related to the current application, listed
on page 3 of the Staff memo. Many contain the same or similar standards; for example, criteria for a
Planned Development (PD), a Rezoning and a Subdivision all require adequate public facilities be
available to serve the development and consideration of the natural environment in the review. Rather
than go through each review process one at a time, this memo is written in a more narrative form,
focusing on the “Key Issues” that staff has identified and relate to previous council hearings. The memo
will reference various standards of review. Complete responses to review criteria are included as exhibits
to this memo.
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Gorsuch Haus, Planned Development
Staff Memo – City Council
Figure 5: Lift 1 Corridor overall proposed context plan
1) Site Planning:
The property is currently comprised of four
parcels, with various existing easements on
the properties (for example there is a fire
access/drainage easement along the
Mountain Queen condominiums). The four
parcels equal a total of 278,162 sq. ft. (over 6
acres) within the municipal boundary. The
Applicant is requesting to reconfigure the
four existing parcels into two lots (rather
than maintaining the same number of lots).
Lot 1 is proposed to be 44,545 square feet
(1.023 acres) in size and will contain the
Gorsuch Haus mixed use lodge, lift tower,
and skier return. Lot 2 is proposed to be
238,189 square feet (5.468 acres) in size and
will contain the Lift 1A ski lift alignment and
towers, skier return, the Aspen Mountain
“Summer Road” access realignment, and
World Cup viewing area.
There are two city rights of way that the
Applicant requests be vacated in association
with the project: a portion of the southernly
half of South Aspen Street, and all of
Summit Street (See Applicant submittal,
pages 42-45). The Applicant states that the
reason for the South Aspen Street vacation
request is due to the westward shift of the Gorsuch Haus lodge building footprint to accommodate the
new Lift 1A ski lift and tower alignment. In exchange for the right of way vacations, the Applicant
proposes to dedicate a portion of private property as City right of way to create a cul de sac at the
terminus of South Aspen Street for the new lodge entrance. The previous request to vacate the Hill
Street right of way has been eliminated, however, pedestrian improvements are proposed. Any
proposed improvements within the Hill Street right of way will require a license agreement with the City
of Aspen.
The proposed reconfigured Lot 1 will contain the mixed-use lodge with amenity areas such as exterior
terraces, walkways, stairways and underground building structure. To accommodate the proposed lodge
development, Lot 1 is proposed to be rezoned from the Conservation (C) zone district to the Lodge (L)
zone district. The proposed reconfigured Lot 2 is proposed to remain in the Conservation (C) Zone
District. As shown in Figure 3, changes have been incorporated into the site plan based on feedback
from staff, the Planning and Zoning Commission, the City Council, and lift location findings generated
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Gorsuch Haus, Planned Development
Staff Memo – City Council
by the SE Group study. Subsequently, the portion of the building that cantilevers over the cul-de-sac of
South Aspen Street has been removed and the building has been shifted to the west to accommodate
the revised lift alignment. The building is also now linear and does not have footprint articulations as it
moves up the slope. The cul-de-sac has been enlarged from the original submission which includes
proposed enlargement of dedicated South Aspen Street right of way to the City of Aspen.
The entry façade of the building is proposed to be at grade with South Aspen Street, and is overall, 2
stories in height at this level. The building steps up the site for approximately 225 linear feet in 2 to 4
story modules. Overall, the building is proposed to have 9 levels. A series of terraces step up the slope
on the eastern side of the building. A pull-off for arriving guests is proposed near the lodge entry. The
Lift 1A ski lift alignment and skier return are located just east of the proposed Gorsuch Haus lodge.
Extensive grading is proposed along the eastern side of the building to provide for an enhanced skier
return through the subject properties and the City owned Lift One Park just north of the lodge building.
Norway ski run will continue to be in use and skiers will be routed to the eastern side of the lodge to access
the new lift station at Dean Street. Some of the grading requires retaining walls on the western portion
of the site by the Shadow Mountain Condominiums, as well as around the proposed building. The current
summer access road that is used by the Aspen Ski Company is proposed to be relocated from the western
side of the site to the eastern side.
Staff Comment: The initial 2016 Gorsuch Haus application sited the Lift 1A lift station on the subject
property, just east of the proposed mixed-use lodge. The conclusion of the Lift 1A study by the SE Group
coupled with the City Council direction resulted in submittal of an amended Gorsuch Haus and Lift One Lodge
applications that have proposed to bring the lift station down (topographically) to Dean Street. The new
location of the Lift 1A lift station is si ted on Willoughby Park and is pedestrian accessible from the Rubey
Park bus station and in closer proximity to the commercial core. The new Lift 1A lift station adjacent to Dean
Street is consistent with the location of the gondola. Staff is supportive of this change.
The 1997 Aspen Mountain Master Plan, developed by Aspen Ski Company., anticipated replacement of the
Shadow Mountain Lift (1A) with a completely different location for the bottom terminal but also recognized
that if the new location did not happen, the “lift would be rebuilt at its current lower terminal.” The master
plan also contemplated a lower lift from the Willoughby Park location to create a more convenient access
point for skiers. Staff feels that the new proposed location of the lift station at Willoughby Park shows
consistency with the 1997 Aspen Mountain Master Plan. Staff is aware that the Aspen Ski Company is
contemplating a new Aspen Mountain Master Plan that will be reviewed by multiple agencies including the
United States Forest Service and Pitkin County. At this time, this new plan has not been adopted and the
current 1997 Aspen Mountain Master Plan is the applicable document.
The realignment of the Lift 1A ski corridor dictates shifting of the Gorsuch Haus building footprint to the
west, impacting city owned South Aspen Street right of way. To accommodate the new building footprint,
the Applicant proposes that the city vacate the entirety of Summit Street and a portion of South Aspen
Street totaling 8,206 sq. ft. of platted right of way (See Figure 6). The Applicant states that in exchange for
these vacations approximately 3,462 square feet of private property would be dedicated as city owned South
Aspen Street right of way for cul de sac enhancements at the entrance of the lodge.
Lastly, the reconfigured Lot 2 will remain within the C (Conservation) zone district and at this time, the
Applicant has not proposed any additional development on the lot. Given the size and scope of the Gorsuch
Haus proposal, including the request to rezone Lot 1 to the L zone district, consideration should be given to
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the type and amount of development rights that are requested to be created. Currently a 120,000 square
foot mixed-use lodge is not permitted on any of the properties. Additionally, consideration should also be
given to the fact the Lift 1 neighborhood has the potential to experience significant changes as a result of
not only the Gorsuch Haus proposal but also the current request by Lift 1 Lodge, and that additional
dedicated open space in the neighborhood may be desirable. Staff recommends that the City Council engage
the Applicant in a discussion regarding the dedication of a conservation easement on Lot 2 that permits
current and future traditional ski operations, prohibits future development, maintains open space in the area,
and provides public access.
Engineering referral: The Engineering Department has provided comments and questions the vacation of
Summit Street and the western portion of South Aspen Street due to the potential to cut off Aspen Mountain
Access. It should be noted that the Applicant proposes to dedicate a non-motorized public trail intended to
provide access to Aspen Mountain as part of the Transportation Impact Analysis (TIA) requirements. This
public trail is proposed be accessed from the Hill Street right of way and Staff recommends formalizing this
easement at the time of recordation of the final approval.
Figure 6: Proposed ROW vacation and dedication. Looking south.
Engineering has additional concerns regarding
vacating rights-of -way from the standpoint of
mudflow and utilities. Before considering vacations
of the rights of way, the civil engineering design
should demonstrate that there is adequate space for
all existing and/or proposed utilities. Additionally, the
vacation of the right way should be shown to be in the
best interest of the city.
Additional Engineering comments can be viewed in
Attachment B.1 .
Aspen Fire Protection District referral: The Aspen
Fire Protection District has reviewed the conceptual
design application and has verbally stated that, at
this time, there is no issue with the proposal.
Figure 7: Proposed lot configuration, looking north. Lot 1, colored in green would contain the Gorsuch Haus.
Lot 2 colored in blue, would contain tower replacement, enhanced skier return, and a future World Cup viewing area.
Additionally, a private easement exists
along the eastern side of Lot 2,
benefitting the Mountain Queen
condominiums. This easement, which
is a dirt roadway, provides fire access
and is plowed in the winter. Staff
recommends that the Aspen Ski
Company work with the easement
holders to ensure that the skier return
and ski operations on Lot 2 do not
interfere with the rights of the
easement holders.
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(2) Dimensions/Programming:
Figure 8: Existing zone districts, looking north.
The Applicant proposes to develop the mixed-use lodge on
the reconfigured Lot 1 and rezone this Lot from the
Conservation (C) Zone District to the Lodge (L) zone
district. The reconfigured Lot 2 would contain the Lift 1A
ski way, ski lift alignment and associated towers, and the
realigned Aspen Mountain Summer Road. Lot 2 would also
contain future World Cup staging. Lot 2 is proposed to
remain within the C zone district.
The L zone district permits hotels, multi-family residential,
affordable housing, and conference facilities. The zone
district has underlying dimensional standards that are
required of all development. The Applicant has additionally
requested Planned Development (PD) review to
incorporate retail/restaurant uses (both conditional review
uses) and ski operation uses on Lot 1 and ski operation uses on Lot 2 into the PD review procedure. The
subject properties are adjacent to other properties located within the L zone district. Table 1 on the
following page is provided to show the L dimensional standards, the original Gorsuch Haus dimensions
using the SKI zone district, and the newly proposed Gorsuch Haus dimensions using the L zone district.
Overall, the project proposes approximately 64,023 square feet of Floor Area which includes the lodge,
commercial uses, the free market residences, and 1 affordable housing unit. Inclusive of non-unit space
(garages, lodge/commercial circulation and corridors), total gross floor area for the development is
approximately 121,427 square feet. Comparatively, the C zone district permits the development of a
single-family residence on a lot of record, resulting in the ability to potentially construct four residences
ranging from approximately 2,400 square feet to 7,000 square feet.
Under the Lodge zone district, based on the density of lodge keys to lot size, a maximum Floor Area of
2.5:1 or 70,752 sq. ft. would be permitted (when deductions for steep slopes and rights of way are
considered). At 64,023 square feet, the project is below the allowable floor area for the L zone district.
The 4 multi-family free market units proposed are each 2,000 sq. ft. of net livable floor area. In the L zone
district, which permits multi-family, the maximum free market unit size is 1,500 sq. ft. unless
Transferrable Development Rights (TDR’s) are used to increase unit size to 2,000 sq. ft. The Applicant
proposes to land 8 TDR’s to increase free market unit size to the maximum allowable floor area of 2,000
sq. ft.
Table 1 below illustrates the dimension of the proposed lodge and, for comparison, provides details on
previous application submissions.
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Table 1: Dimensional standards
Dimensions Conservation Lodge Previous
Proposal
Current
Proposal
(Lodge)
Minimum lot size 10 acres 3,000 75,466 (Lot 1) 44,545 (Lot 1)
Minimum net lot area per
dwelling unit 10 acres NA NA NA
Minimum lot width 400 ft. 30 ft. +/- 221 ft. +/- 60 ft.
Front yard 100 ft. 5 ft. 46 ft. 5 ft.
Side yard 30 ft. 5 ft. 6 and 0 ft. 5 ft.
Rear yard 30 ft. 5 ft. 5 ft. 5 ft.
Maximum height 25 ft. Sliding scale: 28
ft. – 40ft.** 49 ft. Overall 40 ft.
Floor area 5,132 – 6,842 sq.ft.*
(SFR)
2.5:1**
Lot size greater
than 27,000
sq. ft.*
70,134 sq. ft. 64,023 sq. ft.
Lodging floor area NA 2:1 51,268 sq. ft. 42,077 sq. ft.
Commercial floor area NA .25:1 9,111 sq. ft. 7,730 sq. ft.
Multi-family floor area NA .47:1
(interpolated) 12,102 8,633 sq. ft.
Affordable housing floor
area NA 0.25:1 1-2 bedroom unit 1-1 bedroom
unit. 730 sq. ft.
Maximum multi-family
size cap NA
1,500 sq ft.
(2,000 sq. ft. with
TDR’s)
6 units. 11,664
sq. ft.
4 units. 2,000 sq
ft./per unit
Minimum
off-street
parking
spaces
Lodge NA 0.5 space/per
lodge unit
81 keys = 41
spaces
81 keys = 41
spaces
Residential Max 2 per residence 1 space/per unit 7 units = 7 spaces 4 units = 4
spaces
Commercial NA 1 space/per 1,000
sq. ft. 9,111 = 9 spaces 7,730 sq. ft. = 7.7
spaces
Public Amenity Space NA 25% NA 13,783 sq. ft.
* The Floor Area range includes taking no deduction up to the maximum deduction of 25% required by the
presence of steep slopes.
** Height and Floor Area allowances are based on the proposed lot having 1 lodge unit per 550 sq. ft. of gross
lot area (81 keys/ 44,545 sq. ft. = 1 lodge key per 550 sq. ft. of lot area).
Notably, the lodge zone district provides for a sliding scale of height, floor area, and affordable housing
mitigation based on the density of keys to lot size. Providing a density of 1 key for 500 sq. ft. of lot area
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allows for increased Floor Area and incentives for AH mitigation. In addition to the density threshold, an
average key size of 450 sq. ft. or less allows for increased height.
The project meets the average room size threshold at 432 square feet, but is shy (550 vs. 500) of the
density threshold by 50 sq. ft. The Lodge zone district provides the ability for the City Council to adjust
the density standard by a maximum of 10%, which would allow the project at a density of 1 key per 550
sq. ft. of lot area and still have available the floor area, height, and affordable housing incentives. The
Applicant is requesting approval for the adjustment in the density standard to use these incentives. Staff
recommends approval of this portion of the request with applicable Land Use Code responses viewed in
Exhibit A.8.
The Applicant proposes the following improvements and programming:
Parking Level (level 1 and 2 – subgrade) – 56 parking spaces, mechanical, and circulation.
Level One –Entry lobby, lodge back of house, mechanical, and trash/recycling.
Level Two – 6 keys, meeting/conference room, 1 affordable housing unit, back of house, circulation, and.
Level Three – 4 keys, restaurant, bar/lounge, kitchen, back of house and circulation.
Level Four – 13 keys, bar, and Lodge fitness room.
Level Five – 17 keys and lodge circulation
Level Six – 19 keys and lodge circulation
Level Seven – 21 keys and lodge circulation
Level Eight - 4 free-market residences (1st floor) total net livable floor area 8,000 square feet) and rooftop
pool, spa, and bar.
Level Nine – 2nd floor or the 4 free-market residences.
Staff Comment: Staff has had previous concerns with the overall size, height, and massing of the building.
In previous renditions, the building floor area was substantially greater than what would be permitted in the
C zone district or in the L zone district and the height of the building was out of scale with the surrounding
context. The Applicant has made efforts to alter the building so that floor areas and height limits are not
exceeded in the L zone district. At this time, Staff is satisfied that the L zoning standards are being met.
The Land Use Code requires that when calculating height for a building, the more restrictive of “historic” or
“finished” grade be used for measurement purposes. Due to the construction of the current Lift 1A lift station
and existing skier return from Shadow Mountain, the subject properties have experienced grade
manipulation that makes it difficult to determine what historic or natural grade may have been. To aid in
understanding historic grade, Staff has requested an “interpolated grade” analysis from the Applicant. It
should be noted that the previous Gorsuch Haus building was proposed to be 49’ in height, which resulted in
a staff recommendation that efforts should be made to reduce height. Preliminary height review has been
conducted using the most restrictive grade and it appears that the Gorsuch Haus height will be overall 40’
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which is compliant with the L zone district height limit and permissible through commercial design review. It
should be noted that the western side of the site includes a walkway that also functions as skier return from
the lower portion of the Norway ski run. This walk way lowers the grade and incorporates a retaining wall
that is approximately 6’ – 7’ in height. This lowered grade is the most restrictive for height measurement
purposes and the building is not height compliant on portions of this elevation. The Applicant has requested
that this western elevation of the building be allowed to exceed the 40’ height which could be measured from
the top of the retaining wall, therefore, increasing the height of the western portion of the proposed building
to 46’ to 47’. Given that the stairwell for skier return would not be visible from the adjacent property to the
west and that the building would generally appear no taller than 40’ in height, Staff does not take issue with
approval of this height increase.
The building roof form utilizes dormer exemptions that exceed the 40’ maximum height and are permissible
pursuant to the height measurement exemptions available in the Land Use Code. Elevator and mechanical
overruns have been proposed on the roof of the building and comply with the 10’ height exemption. At this
time, the building height measurements are overall Land Use Code compliant in the L zone district.
The building sits high up the slope and a portion of the building is above the Wheeler View Plane, which is
not to be infringed upon unless the Council “determines that the proposed development has a minimal
effect on the view plane.” Based on the information provided and the background building standards, Staff
believes that Land Use Code Standards have been met. Staff provides further analysis in Exhibit A.7.
3) Design/Architecture
The proposed lodge is subject to the Mountain Base Character Area of the Commercial, Lodging and
Historic District Guidelines. Key design objectives include: provide a pedestrian friendly street edge,
provide a sense of human scale, encourage pedestrian serving uses at the street level, reflect natural
topography, provide an interconnected pedestrian circulation system, and maintain views to the
mountain and other natural features.
The Land Use Code requires that 25% of the lot size to be dedicated to public amenity space. The
Applicant has proposed an array of different public amenity spaces including a cul de sac with sidewalks,
public stairway and slopeside terraces, skier return on Lot 1, World Cup terrace and bar, pedestrian
corridor along the northern portion of Lot 1 that connect to an existing pedestrian and skier easement
through the Mountain Queen condominiums, and rooftop deck with space and pool uses. It should be
noted that a portion of public amenity space on the eastern side of the building is proposed to be covered,
which is generally not Land Use Code compliant. Given the close proximity of the Lift 1A ski lift
alignment, Staff is not opposed to the covering of the public amenity space in the capacity shown in effort
to create a moderate buffer from the lift infrastructure near the lodge. Further analysis on public amenity
space can be viewed in Exhibit A.2, Commercial Design Review.
Staff Comment: The conceptual design review focuses on placement and massing of buildings as well as site
planning. The Applicant has provided exterior materials examples for the project and Staff, at this time,
agrees with the representations thus far. The following are cross sections of the redesigned building that
were provided in the application:
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North elevation:
East elevation:
South elevation:
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West elevation:
The subject site is steeply sloped and the proposed development steps up in increments to follow the natural
slope, thereby varying the height of building modules. The footprint of the proposed new building is
approximately 225’ in length and substantially smaller than the original application which proposed a
building of approximately 330’ in length. With previous building designs, staff recommended that the
structure be predominantly topped by simple low-pitched gable roof forms, ideally with green roofs
installed. Staff feels that the Applicant has made efforts to further break up the mass of the structure with
multiple modules and articulate roof lines with gently sloping gable roof forms, indicative of chalet style
architecture. The surrounding neighborhood features many examples of classic alpine architecture with
pitched roofs, deep overhangs, exterior balconies, wood siding, and other features that are typically
sympathetic to a site with steep topography and mountainside vegetation. Staff feels that the amended
design accomplishes this form and, overall, the proposed architecture in in concert wit h the surrounding
neighborhood.
4) Mitigation/development allotments
As a new development, the Applicant must request and receive development allotments for the
proposed mixed-use project. Allotments are required for the proposed lodging, free-market, affordable
housing and net increase in commercial spaces. As designed, the following allotments are necessary,
and were carried forward in a multi-year allotment request in 2016:
• 81 lodging keys which equals 162 pillows (each lodging bedroom is considered two pillows).
• 4 free-market development allotments
• 1 affordable housing allotment
• 7,730 sq. ft. of net leasable area
All of the necessary allotments are available in the 2016 growth management year, except for lodging, in
which the maximum 112 pillows were allocated. As a result, 50 pillows were still needed. The Applicant
requested a multi-year allotment for the lodging/pillow component of the project and 50 pillows were
carried forward in 2017.
The proposed lodging, commercial, and free-market residential uses generate an affordable housing
mitigation requirement. Staff has calculated the following mitigation requirement associated with Lot 1
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which is explained in detail in Exhibit A.4. It should be noted that the Land Use Code has certain Growth
Management Quota System (GMQS) incentives available to lodge projects that increase lodge unit
density and reduce lodge unit size. This density increase coupled with a unit size reduction results in a
sliding scale that proportionally reduces the required affordable housing mitigation for a lodge project.
Through the required special review process, the Applicant has requested to establish lodge unit density
at 550 square feet of gross lot area/lodge unit. Lodge unit net livable size for the project is represented
to be 432 sq. ft./unit.
The Land Use Code also provides (at City Council’s discretion) an alternative to the standard
methodology for calculating required mitigation. This path (Employee Generation Review,
26.470.100.(F) is specifically available to lodge development and can, through an efficiency
determination, reduce the number of employees generated for the lodging component of a project via a
credit to the free market component of the project. The Applicant has submitted an addendum to the
application that requests an efficiency and credit of 4.64 FTE’s. Approval of this request would reduce
the required Employee Housing Mitigation by 4.64 FTE’s. The Land Use Code specifically allows the City
Council to use this calculation method in an effort to incentivize a lodge development project. At this
time, Staff is supportive of considering this alternative method. The Applicant will be available at the
hearing to provide details and further clarify this request.
These parameters set forth the following affordable housing mitigation requirements:
Free Market Residential 0 (4.64 FTE credit from the Lodge component)
Lodge 12.82
Commercial Net Leasable 8.85
21.68 FTES
The Applicant is proposing one 730 square foot onsite affordable housing unit, that is equivalent to
housing 1.75 FTEs, resulting in a balance of required mitigation of 19.93 FTEs. The Applicant states that
mitigation will be in the form of buy down of existing/new off-site units and/or purchase of certificates
of affordable housing credits. The Applicant has also requested maintaining ownership of any offsite
units so that occupancy is tied to Gorsuch Haus employees. Maintaining ownership of offsite units is an
option available to an Applicant in the Lodge zone district. The APCHA Board met on October 3rd, 2018
and discussed the mitigation proposal. APCHA has commented on the proposal and passed a motion
to recommend that the required mitigation follow the following priority arrangement:
a. Onsite deed restricted housing constructed or converted next to or attached to the proposed
development.
b. Offsite deed restricted housing constructed or converted at a separate location within the
Aspen core subject to approval by APCHA. A single offsite deed restricted unit in an
otherwise free-market housing complex shall not be approved.
c. Use of Certificates of Affordable Housing Credits (Housing Credits).
d. APCHA approved buy-down units.
e. The on-site deed-restricted unit be used as a rental unit for an employee of the lodge.
f. APCHA does not support the use of payment-in-lieu for employee housing mitigation.
Staff comments: In general, the proposed form of mitigation provided which meets the allowances of the
Land Use code and Staff supports this portion of the review.
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5) TRANSPORTATION
Residing at the terminus of South Aspen Street, the proposed Gorsuch Haus development and associated
traffic generation will have traffic impact on this street and neighborhood. In the original submittal, the
Lift 1A lift station was proposed to be sited at its current location necessitating a transportation solution
to bring skiers up to the lift station. Private vehicle transportation for skier drop off was not a desired
mode due to the associated congestion and adverse impacts. Previous transportation solutions offered
by the Applicant included a funicular to carry skiers to the lift, a rubber tire bus and associated drop off
point near the lift, and a pedestrian corridor/sidewalk for skiers to access the lift. The amended Lift 1A
location just south of Dean Street changes the transportation parameters associated with the proposal.
Given the proximity of the new lift station to the Rubey Park bus station and the commercial core, the
public will have viable and appropriate pedestrian access to the lift. Specifically, Gorsuch Haus lodge
guests will have “ski in - ski out” access to Lift 1. Associated with the Lift 1 Lodge development, Dean
Street would undergo significant changes and street improvements to facilitate the increase skier
demand and commercial activity in the immediate area.
As stated earlier, to address the Land Use Code onsite parking requirements, the Applicant has proposed
a 2 level subgrade parking garage that is accessed from the cul de sac at the terminus of South Aspen
Street. The Land Use Code requires 53 parking spaces. The Applicant has provided floor plans that
identify 56 parking spaces for the development which is Code compliant for the proposed development.
The proposal to develop the 81 key mixed-use lodge will create associated traffic generation as a result
of the new commercial, free market, affordable housing, and lodge uses. Required of all development is
the submission of a Transportation Impact Analysis (TIA) report. The TIA allows the Applicant to input
parameters of the development that, in turn, produces an estimated number of vehicle trips based on
the land uses and floor area proposed. The Applicant then can provide Transportation Demand
Management (TDM) strategies that uses a point system to mitigate the estimated peak hour trips
associated with the development. Common mitigation measures can include enhanced access to public
transit, enhanced pedestrian amenities, and creation of bicycle amenities to foster increased multi modal
trips to and from the development.
The Applicant has submitted a TIA which states that the maximum trips generated from the proposed
mixed-use lodge will be 46.9 trips. To mitigate this trip generation and score the required points, the
Applicant has proposed the following TDM strategies:
• Participation with the City Transportation Department, adjacent land owners, and the Aspen
Skiing Company to improve transit access to the new lower lift station on Dean Street.
• Hill Street right of way improvements that enhance the pedestrian experience to the mountain
slope and ski way through the construction of benches, lighting, landscape planters, and direct
access to the snow level.
• A proposed public access trail easement that will connect South Aspen Street with an existing
pedestrian/skier easement that accesses Monarch Street.
• Construction of a shade/shelter, bench, and trash/recycling at the lodge entrance for hotel
guests and visitors waiting for hotel shuttles, ride shares, and other transportation services such
as Uber and Lyft.
• The lodge operator will subsidize the cost of punch passes, monthly, and seasonal passes for
50% of its employees who utilize RFTA buses commuting to and from the lodge. The subsidy is
stated to be a minimum of 25% of the price of the transit pass.
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• All employees are stated to have access to employee locker rooms with showers, changing
spaces, and personal lockers. Protected bike parking is stated to be provided for employees and
guests.
Staff comment: Staff acknowledges that the onsite subgrade parking is code compliant and is sufficient for
the proposed development. Engineering comments were provided, and the estimated 46.9 peak hour trips
generated from the proposed development is considered accurate. Engineering comments take issue with
some of the TDM measures, specifically with the shade/shelter and bench at the lodge entrance. Given that
there is not currently, nor is there proposed, any public transit that will access the properties, points cannot
be awarded for this commitment. Overall, the project falls short of the TIA requirements by 22 points. The
Applicant will need to address prior to detailed review. Additionally, any TIA measures accepted during the
review process should be required to memorialized as conditions in an ordinance.
6) Vested Property Rights
The Applicant is requesting a vested property right for the proposed development plan for a period of
three (3) years. This is the standard vesting period for a site-specific development plan. Vesting provides
an Applicant a timeframe in which the Applicant can rely on the approvals granted in a site-specific
development plan. It allows the Applicant to undertake and complete the development and use of said
property under the terms and conditions of the site-specific development plan. Once vested, a
development plan shall not be required to be amended as a result of “any zoning or land use action by
the city or by an initiated measure” during the vesting period. When the vested rights expire, the project
will be subject to any new regulations that may impact the approval granted.
Staff Comments: Staff has no objection to the standard three year vesting period. The City does have a
process for extending or reinstating vested rights (Section 26.308.101 C., Extension or Reinstatement of
Vested Rights). An extension request is reviewed and decided upon by City Council.
Development Requirements:
As the Lift 1 Corridor project has developed and aspects of the project have changed, the applications
submitted from Lift One Lodge and Gorsuch Haus have provided a Draft Cost Sharing Plan that outlines
individual and shared responsibilities for the improvements required for the project as a whole. While
still in draft form, this plan proposes alterations to some of the development requirements of the original
Lift 1 approvals and includes the City of Aspen as a partner in costs associated with both project. This will
be a topic more fully addressed at the November 26, 2018 hearing date.
Referral Departments:
At a Development Review Committee (DRC) meeting on September 26, 2018, City agencies had a first
opportunity to make formal comments on the proposed changes to the project. These comments are
included as Exhibit B.1. Referral agencies will continue to evaluate the project moves forward with
Council review.
RECOMMENDATION:
Staff recommends that the City Council provide further direction to the Applicant identifying areas of the
project that should be modified. In an effort to capture the Applicant’s representations and required
conditions for the development, Staff has prepared a draft approval ordinance for City Council
consideration.
Staff recommends the following discussion:
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Site Plan:
• The site plan, which includes the South Aspen Street cul-de-sac, has improved. Removing the
cantilever overhang over the proposed public right-of-way opens up the arrival to the cul-de-sac
and implies a more public space. Removing the eastern “hook” of the lodge building and using a
north/south building footprint orientation facilitates a skier return that is commensurate with the
new ski alignment for the proposed Lift 1A ski corridor. Shifting the lodge building to the west
permits the new ski lift alignment and the relocation of the lift station down to Dean Street.
• Rights of way vacations need to be further discussed and analyzed with respect to mudflow
analysis and stormwater runoff. Additional engineering study is needed by the Applicant with
review and comment from the City Engineering Department.
Building Design:
• Staff generally believes that incorporated gabled roof form complements the neighborhood and
assists in breaking down the mass of the building. Staff appreciates that the Applicant has
reduced the overall footprint of the building and placed additional floor area in subgrade
locations, resulting in reduced mass from a visual perspective.
• The proposed stairwell for skier return on the western side of the building lowers the finished
grade of the western elevation and exceeds the 40’ maximum height limit in the L zone district
by approximately 6’. Staff feels that permitting an increase in height on the western elevation of
the building to accommodate the skier return could be permitted and would not create
unreasonable unwanted adverse offsite impacts to the neighborhood. Code compliance height
for the remainder of the lodge building is recommended.
Rezoning:
• Due to the reconfiguration and rezoning of the subject properties to permit a mixed-use lodge
that otherwise could not be approved, and that the Lift 1A neighborhood has the potential to
experience sizeable changes from commercial lodge development, the request to rezone the
reconfigured Lot 1 from the Conservation zone district to the Lodge zone district requires careful
consideration by the City Council. Staff recommends the City Council provide comments and
direction on this request. Staff also recommends that City Council engage the Applicant in a
discussion regarding the possible dedication of a conservation easement or other legal
instrument on Lot 2 that burdens the property against future development.
Special Review for Density Bonus:
• Staff recommends that the City Council consider and provide direction on the Applicant’s request
to increase the unit density of the project by 10% up to 550 sq. ft./lot size and still remain eligible
for height, floor area, and employee housing mitigation incentives. The Applicant must obtain
Special Review approval to be eligible for the incentives. Staff has recommended approval for
this portion of the application.
In addition to Staff’s recommended discussion topics, City Council may identify additional areas of the
project that should continue to be modified and/or enhanced.
PROPOSED MOTION:
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“I move to continue the public hearing for Ordinance 39 (Series 2016) to the regularly scheduled City
Council meeting on November 26th, 2018.”
CITY MANAGER COMMENTS:_____________________________________________________
_______________________________________________________________________________
_____________________________________________________________________________
EXHIBITS:
REVIEW CRITERIA
A.1 – Planned Development Review Criteria
A.2 – Subdivision Review Criteria
A.3 – Commercial Design Review
A.4 – Growth Management Review Criteria
A.5 – Rezoning
A.6 – 8040 Green Line Review
A.7–Mountain View Plane Review
A.8– Special Review for Lodge Density
A.9 – Special Review for affordable Housing Net Livable standards
ADDITIONAL MATERIAL
B.1 – Referral Agency comments
B.2 – P&Z Resolution No. 7 (Series of 2016)
C.1 – Amended Application
C.2 – Employee Generation Review addendum
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ORDINANCE NO. 38
(SERIES OF 2018)
AN ORDINANCE OF THE CITY OF ASPEN GRANTING APPROVAL OF THE LIFT
ONE LODGE SUBDIVISION/ PLANNED DEVELOPMENT, WITH CONDITIONS, FOR
A MAJOR AMENDMENT TO A PLANNED DEVELOPMENT, SUBDIVISION, RE-
ZONING, GROWTH MANAGEMENT QUOTA SYSTEM, COMMERCIAL DESIGN,
AND RELATED REVIEWS, FOR THE PROPERTY COMMONLY KNOWN AS 710 S.
ASPEN STREET, WILLOUGHBY PARK, AND LIFT ONE PARK, AND LEGALLY
DESCRIBED AS LOTS 1, 2, 3 AND 4 OF THE LIFT ONE LODGE SUBDIVISION / PUD
ACCORDING TO THE PLAT THEREOF RECORDED MARCH 5, 2013, AT BOOK 102,
PAGE 1, RECEPTION NO. 597438, COUNTY OF PITKIN, CITY OF ASPEN, STATE OF
COLORADO.
Parcel ID: 2735-131-01-001; 2735-131-01-002; 2735-131-01-800; 2735-131-01-801
WHEREAS, the Community Development Department received an application for the
Lift One Lodge Subdivision and Planned Unit Development (the Application) from Lift One
Lodge Aspen, LLC (Applicant), represented by Stan Clauson Associates, Inc. for the following
land use review approvals:
· Planned Development, Major Amendment, Project Review - pursuant to Land Use
Code Chapter (26.445); and,
· Subdivision - pursuant to Land Use Code Chapter (26.480); and,
· Amendment to the Zone District Map - pursuant to Land Use Code Chapter (26.310);
and,
· Growth Management Quota System - pursuant to Land Use Code Chapter (26.470);
and,
· Commercial Design - pursuant to Land Use Code Chapter (26.412); and,
· Timeshare Development - pursuant to Land Use Code Chapter (26.590); and,
· Transportation and Parking Management - pursuant to Land Use Code Chapter
(26.515); and,
· Special Review - pursuant to Land Use Code Chapter (26.430); and,
· ESA - Mountain View Plane - pursuant to Land Use Code Chapter (26.435); and,
· Certificate of Appropriateness for major development, Conceptual Review – pursuant
to Land Use Code Chapter (26.415); and
· Vested Property Rights- pursuant to Land Use Code Chapter (26.308); and,
WHEREAS, the subject property is zoned Lodge (L) and Park (P) with a Planned
Development (PD) Overlay; and,
WHEREAS, the original approval of the Lift One Lodge Subdivision / PUD was granted
through Ordinance No. 28, Series of 2011; and,
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WHEREAS, an Amendment to the Planned Development was approved by Planning and
Zoning Commission in Resolution No. 2, Series of 2016; and,
WHEREAS, City Council, in Resolution No. 41, Series of 2015, Resolution No. 90,
Series of 2017, and Resolution No. 71, Series of 2018 have approved extensions of vested rights;
and,
WHEREAS, the Lift One Lodge Project has existing vested rights through November
28, 2021; and,
WHEREAS, as a consequence of the proposed changes constituting a Major
Amendment, all code citation references to the City of Aspen Land Use Code are in effect on the
day of initial application – September 4, 2018, as applicable to this Project; and,
WHEREAS, the proposed changes in the Application for the Lift One Lodge
Subdivision/PD are in response to a completed study of the Lift 1A corridor, the proposed
relocation of the Lift 1A lift station to Willoughby Park, and direction from Aspen City Council
to pursue changes to development to accommodate the proposed ski corridor; and,
WHEREAS, The Application for an Amendment to Lift One Lodge Subdivision/ PUD
proposes:
On Lot 1 and 2 – Lift One Lodge
· 34 Lodge Units, 104 Lodge Keys
· Six (6) free-market residential units
· One (1), one-bedroom employee housing unit
· 16,125 square feet of commercial, net leasable area
· Skiers’ Chalet Steakhouse, relocated and restored, restaurant/bar use
· 76 parking spaces in a sub-grade garage
· Cul-de-sac creating a terminus of Gilbert Street
On Lot 3 – Willoughby and Lift One Parks
· New, Aspen Skiing Company ski lift
· Ski corridor and ski operations facilities
· Relocated and restored, Skiers’ Chalet Lodge and historic Lift One bull wheel and
towers
· Use of Skiers’ Chalet Lodge as ski museum, skier services, and ski patrol
· Access to sub-grade parking garage, 50 public parking spaces
· Dean Street Improvements
WHEREAS, a Development Review Committee Meeting was held on September 19,
2018 and the Community Development Department received referral comments from the Aspen
Consolidated Sanitation District, City Engineering, Building Department, Environmental Health
Department, Parks Department, Aspen Fire Protection District, Aspen/Pitkin County Housing
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Authority, Parking Department, and the Transportation Department as a result of the
Development Review Committee meeting; and,
WHEREAS, the Planning and Zoning Commission reviewed the Application at a duly
noticed public hearing on October 2, 2018; and continued the public hearing to October 16,
2018; and provided recommendation of approval (Resolution No. 5, Series of 2018) to City
Council by a vote of seven to zero (7-0); and,
WHEREAS, the Aspen Pitkin County Housing Authority reviewed the Application at a
regularly scheduled meeting on October 3, 2018; and provided recommendation of approval to
City Council; and,
WHEREAS, the Historic Preservation Commission reviewed the Application at a duly
noticed public hearing on October 10, 2018; and continued the public hearing to October 24,
2018; and provided recommendation of approval (Resolution No. 16, Series of 2018) by a vote
of seven to zero (7-0); and,
WHEREAS, a properly noticed site visit on October 15, 2018 provided additional
information on the project with relationship to site planning and proposed building heights for
the Lift One Lodge and Gorsuch Haus applications; and,
WHEREAS, the Open Space and Trails Board reviewed the Application at a regularly
scheduled meeting November 1, 2018; and provided recommendation of approval to City
Council by a vote of four to one (4-1); and,
WHEREAS, City Council has reviewed and considered the development proposal under
the applicable provisions of the Municipal Code as identified herein, has reviewed and considered
the recommendations of the Community Development Director, the Planning and Zoning
Commission, the applicable referral agencies, and has taken and considered public comment at a
public hearing; and,
WHEREAS, on October 22, 2018, the Aspen City Council approved Ordinance No. 38,
Series of 2018 on First Reading by an five to zero (5–0) vote; and,
WHEREAS, properly noticed site visits on November 12 and 13, 2018 provided
information regarding proposed building heights for the Lift One Lodge and Gorsuch Haus
applications; and,
WHEREAS, on November 12, 2018, The Aspen City Council at a duly noticed public
hearing, considered the application, recommendations from review boards, presentations from
the applicant and staff, and public comments, and continued the public hearing on Ordinance No.
38, Series of 2018 to November 26, 2018, by a vote of four to zero (4-0); and,
WHEREAS, on November 26, 2018, The Aspen City Council at a continued public
hearing, considered the application, recommendations from review boards, presentations from
the applicant and staff, and public comments, and continued the public hearing on Ordinance No.
38, Series of 2018 to December 3, 2018, by a vote of four to zero (4 -0); and,
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WHEREAS, on December 3, 2018, The Aspen City Council at a duly noticed public
hearing, considered the application, recommendations from review boards, presentations from
the applicant and staff, and public comments, and continued the public hearing on Ordinance No.
38, Series of 2018 to December 10, 2018, by a vote of XX to XX (X-X); and,
WHEREAS, during a continued public hearing on December 10, 2018 City Council, by a
____ to ____ (_ – _) vote, referred to voters Ordinance No.38, Series of 2018 that would grant
approval with conditions for a Major Amendment to a Planned Development, Project Review,
and related reviews for Subdivision, Rezoning, Growth Management Quota System, Commercial
Design, Timeshare Development, Transportation and Parking Management, Special Review,
ESA – Mountain View Plane, and Vested Rights, as identified herein, with the recommended
changes to the application listed hereinafter; and,
WHEREAS, City Council finds that the development proposal meets or exceeds all the
applicable development standards; and,
WHEREAS, City Council intends to refer the project to the Aspen voters for
consideration; and,
WHEREAS, City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO THAT:
Section 1: Approvals
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
City of Aspen approves with conditions the Lift One Lodge Aspen, LLC application for a Site
Specific Development Plan for the Lift One Lodge Subdivision / PD that includes reviews for a
Major Amendment to a Planned Development - Project Review, and related reviews for
Subdivision, Rezoning, Growth Management Quota System, Commercial Design, Timeshare
Development, Transportation and Parking Management, Special Review, ESA – Mountain View
Plane, Certificate of Appropriateness for major development, Conceptual Review, and Vested
Rights – allowing for a site specific development inclusive of the proposed uses in the Lift One
Corridor project, subject to the conditions of approval listed herein.
Section 2: Effectiveness of Ordinance 28, Series of 2011 and P&Z Resolution No 2, Series of
2016; existing vested rights for Lift One Lodge; and Subsequent Reviews.
Previous approvals for Lift One Lodge remain in effect until the plat and development agreement
related to Ordinance 38, Series of 2018 are recorded with the Pitkin County Clerk and Recorder.
Upon this recordation of required approval documents, the entitlements associated with
Ordinance No. 28 (Series of 2011) shall be considered null and void and the entitlements
associated with this ordinance shall supersede any previous approvals.
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Section 3: Subdivision and Rezoning
Contemporaneously with and effective upon the recording of an Amended Subdivision Plat, the
Lots within this subdivision as reflected in the Subdivision Plat, shall be zoned as follows:
Lot 1: Lodge, Planned Development, Designated Historic (L-PD-H)
Lot 2: Lodge, Planned Development (L-PD)
Lot 3: Park, Planned Development, Designated Historic (P-PD-H)
Conveyance of title associated with Lots 1-3, acknowledging a change of ownership between
Lift One Lodge and the City of Aspen, shall be completed with a recordation of deeds
immediately following the recordation of the amended subdivision plat. The approved lot
configuration is attached as an exhibit to this Ordinance.
Section 4: Plat and Previously Approved Vacations
Previously approved vacations of public rights-of-ways, as described in Ordinance No. 28,
Series of 2011 and depicted in the Street, Alley and Easement Vacation Plat, Book 101, Page 98
and 99, Reception number 597435, recorded on 03/05/2013; remain in effect. An Amended
Street, Alley and Easement Vacation Plat shall be recorded to reflect changes to the vacated
Gilbert Street Right of Way.
Section 5: Planned Development, Project Dimensions
Net Lot Size 44,830 sf
Lots 1 and 2 Lodging Unit Size 519 sf (key) NL
1587.5 sf (unit) NL
Gross Floor Area
202,564 sf Commercial Net Leasable 16,125 sf
Floor Area per LUC
Lots 1 and 2
107,651 sf
Allowable 112,075 sf Free Market Units 6
Floor Area Ratio 2.40 : 1
Allowable 2.5 : 1 Free Market Area 21,925 sf FA
18,831 sf - NL
Max. Height
West Building
Interpolated 53.3 ft.
See Height Plan
Average1
Free Market Unit Size
3,139 sf
Net Livable
Max. Height
East Building
Interpolated 47 ft.
See Height Plan
On-Site
Affordable Housing Units
1 BR Unit in East Building
1.75 FTE
Max. Height
Skiers’ Chalet
Steakhouse
Affordable Housing Unit
Size3
623 sf FA
791 sf NL
Max. Height
Skiers’ Ratio
Free-Market to Lodge/AH
.343 : 1
Net Livable
Setbacks
West Building
west 8.5’; east 1.5’
south 3.5’ Off-Street Parking
126 – Total
50 – Public
76 – Lift 1 Lodge
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Section 6: Willoughby and Lift One Parks – Site Planning and Use
A. The conceptual site plans submitted as an exhibit to this Ordinance are approved. Final
design will be reviewed by both Planning and Zoning Commission and Historic Preservation
Commission during Final/Detailed review.
B. The following uses are approved on Lot 3 via the Planned Development:
1) Ski base activity, including, but not limited to: lift and ski operations, skier services,
ski patrol, and special events.
2) Ski Museum, and accessory uses associated with the museum’s operation, that may be
commercial in nature.
3) Subgrade parking garage and related uses, including access point from Dean Street.
Section 7: Historic Preservation – Historic Lift One, Skiers’ Chalet Lodge and Steakhouse
Historic Preservation Commission in Resolution No. 16, Series of 2018, provided a
recommendation of approval of the project, with conditions. The conditions outlined in the
resolution shall be addressed by the applicant during final review.
Section 8: Growth Management - Allotments
The following growth management allotments are granted to the Lift One Lodge Project in 2018:
A. 20 lodging keys = 40 lodging pillows.
B. One (1) free-market residential unit.
The allotments described above are in addition to the allotments granted by the original approval
in 2011.
Section 9: Growth Management - Affordable Housing Mitigation Requirements.
9.1 The following calculations are based in the Land Use Code in effect at the time of
application, September 4, 2018. The included calculations are based on conceptual level
depictions of the uses, especially the commercial space. Updated calculations will be
conducted at final review and confirmed at building permit.
Setbacks
East building
west 0’; east 14.9’
north 12’; south 3.5’
Setbacks
Skiers’ Chalet Lodge
Lodge Units
Keys
Pillows
34 units
104 keys
208 pillows
Lodging
Net Livable Area 53,976 sf NL
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Lift One Lodge:
Lodge Use
104 lodge keys, less a reconstruction credit of 38 units from Holland House.
66 (keys) x 0.6 (generation rate) = 39.6 FTE x .4475 (mitigation rated based
on unit size of 519sf) = 17.72 FTE = Lodge Use mitigation
Residential
Use
18,831 sf of net livable, less a reconstruction credit of 586 sf from Holland
House.
18,245 (net livable) / 400sf (code described sf per FTE) = 45.61 FTE x
0.3 (code specified generation rate) = 13.68 FTE = Free Market
mitigation
Commercial
Use
16,125 sf (net leasable),
West Building – 11,075 sf (net leasable)
generation rate 4.7 FTE per 1000 sf – w/ .25 discount for area not at grade
47.33 FTE x .4475(mitigation rate based on unit size of 519sf) = 21.8 FTE
Steakhouse – 4,005 sf (net leasable), includes a calculation for 2,429 sf of
existing commercial area and .25 discount for area not at grade
17.65 FTE (generation); 6.1 FTE
27.9 = Commercial Use mitigation
Total
Required
Mitigation
59.3 FTE, Category 4
9.2 Employee Generation Review
The applicant has requested and has been approved to have a project specific review of employee
Generation that particularly reflects the allowance in Section 26.470.050.C.6 for lodge
development that reduces the employee mitigation related to the free market units to be deducted
from the mitigation generated from lodge programming. This reduction requires an audit, 2
years after issuance of Certificate of Occupancy, to evaluate actual employee generation.
The reduction in estimated required mitigation resulting from the approval of this review
is 13.68 FTE – for a total of 45.62 FTE.
9.3 Aspen Skiing Company
The area in and adjacent to the Skiers’ Chalet Lodge to be utilized by Aspen Skiing Company for
skier services and ski patrol, is considered Commercial Net Leasable. This area as depicted in
the conceptual approval is approximately 2,500 sf. Because the existing Lift 1A facilities and
related employees have been included in longtime employee audits of Ski Co. operations with
Pitkin County, the existing area of 2,340 sf is currently mitigated. The remaining balance of the
new area is 160 sf. This new, additional area is required to be mitigated. Based on the
calculation method in the Land Use Code, the estimated mitigation is 0.49 FTE, Category 4.
9.4 Method of Mitigation
Required mitigation may be satisfied utilizing on-site units, off-site units, “buy-down” units, or
City of Aspen Affordable Housing Credits. The Applicant is not requesting the option to provide
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a cash-in-lieu at this time, but reserves the future right to request from City Council the ability to
provide a cash-in-lieu payment for any remaining mitigation that cannot be satisfied by the
methods described above.
9.5 Ski Museum; Essential Public Facility
City Council designates the Ski Museum operated by the Aspen Historical Society as an
Essential Public Facilities. Employee generation is initially waived, but shall be evaluated by a
required employee audit at five and ten year intervals from the issuance of a Certificate of
Occupancy.
The museum shall be provided in a white box condition with a letter of completion being issued
by the City, prior to the Certificate of Occupancy being granted for the CO for the lodge, free-
market residential units, and commercial space.
Section 10: Employee Housing Unit
The project as approved includes one (1), one-bedroom employee housing unit. This would
provide 1.75 FTE of required mitigation.
Affordable Housing Conditions. The one (1) affordable housing unit shall be deed restricted
at Category 4, or below and shall meet the following conditions:
A. The deed restriction shall be recorded for the affordable housing unit prior to a Certificate
of Occupancy (CO) being issued for the housing unit. The CO for the affordable housing
unit shall be issued at the same time or prior to the CO for the lodge, free-market residential
units, and commercial space.
B. All tenants shall be approved by APCHA prior to occupancy.
C. Employees of the hotel shall be exempt from maximum assets and maximum income for
the on-site units; however, the tenants shall not own any other property within the
ownership exclusion zone and must work full time as defined in the APCHA Guidelines.
D. Minimum occupancy shall be obtained for each unit, as defined in the APCHA Guidelines.
E. The units shall not be vacant for longer than 45 days, unless APCHA notified as to why the
unit has been left vacant.
F. Washer and dryer shall be provided in employee housing unit.
G. The affordable housing unit shall be assigned one parking space in the underground garage,
and they shall not be a stacked or tandem space.
H. The affordable housing unit shall be a rental unit. The Condominium Declaration shall
include language, to be reviewed and approved by APCHA, that should the affordable
housing unit become an ownership unit:
1) It will be sold through the lottery system.
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2) The dues will be based on the assessed value of the deed-restricted units vs. the
free-market unit as well as the square footage of the units;
3) No common expenses will be charged to the deed-restricted owners, unless
approved by APCHA.
4) A separate HOA shall be created for the deed-restricted employee housing unit.
Section 11: Timeshare Lodge Requirements
A public rental requirement assuring that unused timeshare lodge rooms will be available to the
general public shall be part of these approvals. Such rental requirements shall be documented in
the Lift One Lodge Timeshare Documents and shall contain a provision that this requirement
cannot be eliminated from the Condominium Declarations without approval from the City of
Aspen City Council. Periodic audits, pursuant to Section 26.575.210, Lodge occupancy auditing,
of the Land Use Code may be conducted.
Section 12: Parking and Transportation
A. Fifty (50) public parking spaces shall be provided by the project in a sub-grade garage.
Seventy-six (76) spaces shall be provided in meeting the off-street parking requirements for Lift
One Lodge in a sub-grade garage.
B. Approval of Special Review is granted allowing tandem and stacked parking for the 76
spaces for Lift One Lodge, subject to the condition that the space is only accessed by valet
service.
C. A Parking Management Plan that defines the process for establishing the parking fee,
responsibility for management and maintenance, systems of access, and potential shared parking
agreement shall be provided for Final/Detailed review. This plan requires approval from the
City of Aspen, Parking Director.
D. The applicant shall implement the TDM and MMLOS mitigation measures, as outlined in the
application. Any closures/re-routes of South Aspen Street and Dean Street will need to be
coordinated with this project. Regardless of construction date, closures/impacts to Aspen Street
and Dean Street should be limited and coordinated well in advance. An updated TIA is required
at the PD-Detail Review and shall include a monitoring plan.
Section 14: Dean and Gilbert Street Improvements
Improvements to Dean Street and the creation of a cul-de-sac at the terminus to Gilbert Street are
approved and conceptual design is depicted as an exhibit to this Ordinance. Final design will be
evaluated by the Engineering Department and a recommendation made to the Planning and
Zoning Commission at Detailed review.
Section 15: Planned Development – Detail Review
In addition to the general documents required as part of a Planned Development – Detail Review,
the following items shall be required as part of the Application’s Planned Development – Detail
Review:
A. An Outdoor Lighting Plan, pursuant to section 26.575.150.
B. An existing and proposed Landscaping Plan, identifying trees with diameters and values.
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C. A draft Construction Management/Phasing Plan.
D. A snow storage and snow shedding plan. Snow is not permitted to shed off roofs onto
neighboring properties. Demonstrate that any snow which sheds off roofs will remain
on-site.
E. An updated and final Transportation Impact Analysis (TIA), including a monitoring plan.
F. A final engineered design for the Dean Street improvements.
Section 16: Subdivision/PD Plat and Agreement
The Applicant shall submit a Subdivision/PD agreement (hereinafter “Agreement”) that meets
the requirements of the Land Use Code within 180 days of final approval. The 180 days shall
commence upon the granting of Final Commercial Design and Planned Development – Detail
Review approvals by the Planning & Zoning Commission and Final Review for a Certificate of
Appropriateness for a major development by the Historic Preservation Commission. The
recordation documents shall be submitted in accordance with the requirements of Section 26.490
Approval Documents of the Land Use Code.
A. In accordance in Section 26.490.040, Approval Documents Content and Form, the
following plans are required in the Approved Plan Set:
1) Final Commercial Design Review/ Architectural Character Plan.
2) Planned Development Project and Detail Review Plans.
3) Historic Preservation Plan
4) Public Amenity Plans.
5) Public Infrastructure Plan.
6) Final Transportation Impact Analysis (TIA), including a monitoring plan.
7) Amended Subdivision Plat.
In accordance with Section 26.490.050, Development Agreements, a Development
Agreement shall be entered into with the City. At a minimum the development
agreement shall include a construction sequencing plan, and completion assurances in
the form of financial guarantees to ensure the lift can be installed and operational as
quickly as possible.
B. In accordance with Section 26.490.060, Financial and Site Protection Requirements, the
applicant shall provide a site protection guarantee and a site enhancement guarantee.
C. In accordance with Section 26.490.070, Performance Guarantees, the following
guarantees are required in an amount equal to 150% of the current estimated cost of the
improvement:
1) Landscape Guarantee.
2) Public Facilities and Public Infrastructure Guarantee.
3) Storm Water and Drainage Improvements Guarantee.
The timeshare documents and condominium map referenced D. and E., below, shall not be
prepared until substantial completion of construction and should not be included in the 180 day
deadline. They will be required prior to a Certificate of Occupancy being issued for any part of
the lodge, free-market, or commercial uses not associated with SkiCo.
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D. In accordance with Section 26.590, Timeshare, the Applicant shall incorporate the
requirements and restrictions of the City’s Timeshare Regulations into the final
timeshare instruments, including, but not limited to:
1) State requirements,
2) Owner occupancy limitations and disclosure of the public rental requirement,
3) Provisions for reserve funds for ongoing maintenance,
4) Prohibited practices and uses,
5) Limits on marketing techniques,
6) A prohibition against long-term storage of owner vehicles, and
7) Prohibitions on offering non-Aspen gifts within a marketing plan.
E. A Condominium Map shall be competed for the development in accordance with
Section 26.480.050(A), Condominiumization. The Condominium Map shall depict
all delineations of ownership across Lots 1, 2 and 3, and above and below grade.
Section 17: Engineering Department
The Applicant’s design shall be compliant with all sections of the City of Aspen Municipal
Code, Title 21 and all construction and excavation standards published by the Engineering
Department.
Drainage: The project shall meet the Urban Runoff Management Plan Requirements. A
compliant drainage plan, including a 100-year mudflow analysis, must be submitted with a
building permit application.
Sidewalk/Curb/Gutter: All sidewalk curb and gutter shall meet the Engineering Standards of
City of Aspen Municipal Code Title 21.
Excavation Stabilization: Due to the proximity of the neighboring property and the excavation
of the building, an excavation stabilization plan shall be submitted to the Engineering
Department prior to building permit submittal.
CMP:
The Construction Management Plan shall describe mitigation for parking,
staging/encroachments, mechanisms for construction noise abatement, and truck traffic.
Section 18: Fire Mitigation
All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not
limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire
sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907).
The subgrade garage shall have adequate fire access. This shall be reviewed and approved by
the Fire Marshall.
Section 19: Parks Department
Tree removal permits are required prior to issuance of a building permit for any demolition or
significant site work. Mitigation for removals must be met by paying cash in lieu, planting on
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site, or a combination of both, pursuant to Chapter 13.20 of the City Municipal Code. Any
plantings on the roof shall not qualify as mitigation. The applicant shall explore potential sites
around the property to allow full maturation of trees. This shall be included as part of the PD
Detail Review.
A tree protection plan indicating the drip lines of each individual tree or groupings of trees
remaining on site shall be included in the building permit application for any demolition or
significant site work. The plan shall indicate the location of protective zones for approval by the
City Forester and prohibit excavation, storage of materials, storage of construction backfill,
storage of equipment, and access over or through the zone by foot or vehicle.
Section 20: Aspen Consolidated Sanitation District Requirements
Service is contingent upon compliance with the District’s rules, regulations, and specifications,
which are on file at the District office.
ACSD will review the approved Drainage plans to assure that clear water connections (roof,
foundation, perimeter, patio drains) are not connected to the sanitary sewer system.
On-site sanitary sewer utility plans require approval by ACSD. Permanent improvements are
prohibited in sewer easements or right of ways. Landscaping plans will require approval by
ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to
the district.
Old service lines must be excavated and abandoned at the main sanitary sewer line according to
specific ACSD requirements and prior to micro-piling. Soil nails are not allowed in rights of
way. One tap is allowed for each building. Shared service line agreements may be required
where more than one unit is served by a single service line.
Below grade development may require installation of a pumping system. Above grade
development shall flow by gravity.
Plumbing plans for the pool and spa areas require approval of the drain size by the district.
Glycol snowmelt and heating systems must have containment provisions and must preclude
discharge to the public sanitary sewer system.
Oil and Grease interceptors are required for all new and remodeled food processing
establishments. Oil and Sand separators are required for public vehicle parking garages and
vehicle maintenance facilities. Driveway entrance drains shall not be routed to ACSD's sanitary
sewer infrastructure but rather be mitigated in accordance with the City of Aspen's Urban Runoff
Management Plan. Elevator shafts drains must flow thru Oil and Sand interceptor. Plans for
interceptors, separators and containment facilities require submittal by the applicant and approval
prior to a building permit application.
Where additional development would produce flows that would exceed the planned reserve
capacity of the existing system (collection system and or treatment system) an additional
proportionate fee will be assessed to eliminate the downstream collection system or treatment
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capacity constraint. Additional proportionate fees would be collected over time from all
development in the area of concern in order to fund the improvements needed.
Where additional development would produce flows that would overwhelm the planned capacity
of the existing collection system and or treatment facility, the development will be assessed fees
to cover the costs of replacing the entire portion of the system that would be overwhelmed. The
District would fund the costs of constructing reserve capacity in the area of concern (only for the
material cost difference for larger line).
The Applicant shall furnish average and peak flows as well as service size prior to final design.
The district will be able to respond with more specific comments and requirements once detailed
building and utility plans are available. All ACSD total connection fees must be paid prior to the
issuance of a building permit.
Amendments to the above requirements agreed to in writing by the Applicant and the Aspen
Consolidated Sanitation District shall supersede the sanitation requirements listed herein.
Section 21: Environmental Health Department
A. Environmental Health Codes: The State of Colorado mandates specific mitigation
requirements with regard to asbestos. Additionally, code requirements to be aware of when
filing a building permit include: a prohibition on engine idling, regulation of fireplaces,
fugitive dust requirements, noise abatement and pool designs.
B. Trash Requirements: The trash enclosures shall meet the minimum requirements outlined
in Title 12. Prior to Detail PD Review, the Applicant shall identify the type of door to be
installed on the trash enclosures for review and approval by the Environmental Health
Department.
C. Deliveries and Trash Removal: All deliveries and trash removal to and from the new lodge
will occur between the hours of 8:00 a.m. and 7:00 p.m. except under the following
circumstances:
· Heavy snowfalls, acts of God, and force majeure
· Food & Wine Classic, in which case, for 3 days prior to the event, these timelines
may be exceeded to include the following hours: 7:00 a.m. to 10:00 p.m.
· X-Games, in which case, for 3 days prior to the event these timelines may be
exceeded to include the following hours: 7:00 a.m. to 10:00 p.m.
· Christmas, in which case, for 3 days prior to Christmas Eve, these timelines may
be exceeded to include the following hours: 7:00 a.m. to 10:00 p.m.
· New Years, in which case, for 3 days prior to New Years’ Eve, these timelines
may be exceeded to include the following hours: 7:00 a.m. to 10:00 p.m.
D. Noise Requirements: The Applicant may install a sound system to accommodate the
acoustic needs for day-to-day operations as well as special events. Outside events are not
permitted to bring in their own sound equipment, unless approved by the City through a
Temporary Use Approval or a Special Events Permit.
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Section 22: Water/Utilities Department
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. All Water
System Distribution standards in place at the time of building permit shall apply, and all tap fees
will be assess per applicable codes and standards. Utility placement and design shall meet
adopted City of Aspen standards.
Section 23: Outdoor Lighting and Signage
All outdoor lighting and all signage shall meet the requirements of the Aspen Municipal Code.
Section 24: Building Department
The Applicant shall meet all applicable building and accessibility codes in place at the time of
building permit. The elevators are required to meet IBC accessibility requirements. The
affordable housing unit shall be provided with a compliant circulation path within the site that
connects the units to the parking and the public right of way.
Section 25: Colorado Tramway Board Review
The Colorado State Tramway Board will conduct a review of the lift and ski corridor for
compliance with safety and design standards. If the review by the Tramway Board requires
modification to any element of the design of this approved project to comply with standards,
such modifications will be reviewed and may be approved administratively by the Community
Development Director. Modifications that have significant impacts to height, mass or scale, or
site planning will be reviewed during Final Review with Planning and Zoning Commission.
Section 26: Project Phasing
Section 27. Cost Sharing
Section 28: Election
Section 29:
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
the Planning and Zoning Commission or City Council, are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein, unless
amended by an authorized entity.
Section 30:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the ordinances repealed or amended
as herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 31:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be
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deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 22nd day of October, 2018.
Attest: Approved as to content:
_______________________________ ___________________________________
Linda Manning, City Clerk Steven Skadron, Mayor
FINALLY, adopted, passed and approved this XXth day of December, 2018.
Approved as to form: Approved as to content:
__________________________ ______________________________
James R. True, City Attorney Steven Skadron, Mayor
Attest:
_______________________________
Linda Manning, City Clerk
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Ordinance No. 39, Series 2016
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ORDINANCE NO. 39
(SERIES OF 2016)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A
PLANNED DEVELOPMENT-PROJECT REVIEW AND ASSOCIATED LAND USE REVIEWS FOR THE
GORSUCH HAUS, A PROPERTY LOCATED AT THE BASE OF ASPEN MOUNTAIN AND 1A LIFT,
ADJACENT TO THE TERMINATION OF S. ASPEN STREET, COMPRISED OF FOUR PARCELS, CITY
OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel IDs: 273513127001, 273513126001, 273513400028
WHEREAS, the Community Development Department received an application for the Gorsuch Haus
lodge from Norway Island LLC, PO Box 12393, Aspen CO 81612 (applicant), where Aspen Skiing
Company, PO Box 1248, Aspen CO 81612 is the owner, represented by Design Workshop for the
following land use review approvals:
Planned Development – Project Review, pursuant to Land Use Code Chapter 26.445, to permit
restaurant and retail uses within the Lodge (L) zone district (Lot 1), and to permit ski lift and ski
facilities within the Conservation (C) zone district and the Lodge (L) zone district (Lot 1 and Lot
2); and,
Rezoning - pursuant to Land Use Code Chapter 26.310; and,
Growth Management Reviews – for lodge, free-market, affordable housing, and commercial
development pursuant to Land Use Code Chapter 26.470; and,
Conceptual Commercial Design Review - pursuant to Land Use Code Chapter 26.412; and,
8040 Greenline Review - pursuant to Land Use Code Chapter 26.435; and,
Mountain View Plane - pursuant to Land Use Code Chapter 26.435; and,
Major Subdivision - pursuant to Land Use Code Chapter 26.480; and,
Special Review for Lodge Density Standard – pursuant to Land Use Code Chapter 26.430; and,
Special Review for affordable housing unit net livable standards, pursuant to Land Use Code
Chapter 26.430.040(I); and,
Vested Property Rights (3 years) - pursuant to Land Use Code Chapter 26.308.
WHEREAS, the application was submitted in 2016 and subsequently amended. The amended
application proposes the following development:
81 lodge unit keys.
4 free-market residential units.
1 affordable housing unit.
7,730 square feet of net leasable commercial space.
56 parking spaces;
Ski operations and ski infrastructure and,
WHEREAS, the Community Development Department received referral comments from the Aspen
Consolidated Sanitation District, City Engineering, Building Department, Environmental Health
Department, Parks Department, Aspen/Pitkin County Housing Authority (APCHA), and Utilities
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Department as a result of the Development Review Committee meeting held on September 26th, 2018;
and,
WHEREAS, pursuant to Section 26.470.040.C.7, Affordable Housing, of the Land Use Code, a
recommendation from the Aspen/Pitkin County Housing Authority is required and a recommendation by
the board was provided pursuant the APCHPA Board meeting held on October 3rd, 2018; and,
WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the
initial 2016 development application and initially recommended restudy of the project so the design,
mass and scale of the project better fit with the context of the immediate neighborhood; and,
WHEREAS, the Planning and Zoning Commission reviewed the initial 2016 application at a duly noticed
public hearing on July 5, 2016, that was continued to July 19, 2016, August 16, 2016, and September 20,
2016, during which the Planning and Zoning Commission made a recommendation of denial of the initial
2016 application via Resolution No. 7 (Series of 2016); and,
WHEREAS, the Aspen City Council has reviewed and considered the initial 2016 development proposal on
December 12, 2016, February 13th, 2017, March 6th, 2017, and March 27th, 2017 and tabled the application for
further study of a revised Lift 1 corridor alignment. This lift corridor study was commissioned by the City of
Aspen. At the conclusion of this study, an amended application was submitted in September of 2018; and,
WHEREAS, the proposed changes in the application for the Gorsuch Haus Subdivision/PD are also in
response to a completed study of the Lift 1A corridor and the proposed relocation of the Lift 1A lift station
to Willoughby Park; and,
WHEREAS, a properly noticed site visit to the property on October 15, 2018 provided additional
information on the project with relationship to site planning and proposed building heights; and,
WHEREAS, The Aspen City Council reviewed and considered the amended application on November 12th,
2018 and November 26th, 2018 under the applicable provisions of the 2016 Municipal Code (application
deemed “complete” on March 29th, 2016) as identified herein. The Aspen City Council has also reviewed and
considered the recommendation of the Community Development Director, the applicable referral agencies,
and has taken and considered public comment at a public hearing; and,
WHEREAS, during a continued public hearing on December 3rd, 2018 City Council, by a ____ to ____ (_ –
_) vote, referred to voters Ordinance No.39, Series of 2016 that would grant approval with conditions for
a Rezoning, Project Review, Subdivision, Growth Management Quota System, Commercial Design, 8040
Greenline, Special Review, Mountain View Plane, Special Review for Lodge Density, Special Review for
Affordable Housing Net Livable Standards, and Vested Rights, as identified herein, with the
recommended changes to the application listed hereinafter; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable
development standards subject to the conditions outlined herein; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public
health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS:
Section 1: Approvals
Pursuant to the procedures and standards set forth in Title 26 of the 2016 Aspen Municipal Code, the City
Council approves the land use reviews needed to redevelop the subject properties as reconfigured Lots 1
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and 2. Lot 1 development is comprised of a mixed-use building containing a mix of lodging with
restaurant and retail uses, free-market residential, affordable housing, commercial net leasable space, a
new Lift 1A ski corridor alignment, lift tower, and skier return. Lot 2 development and activities are
comprised of a new Lift 1A ski corridor alignment, lift tower, skier return, traditional ski operation
maintenance activities, and a World Cup viewing area.
The following land use reviews are approved: Planned Development- Project Review, Rezoning, Major
Subdivision, Growth Management Quota System Reviews, Conceptual Commercial Design, Mountain
View Plane, 8040 Greenline, Special Review for Lodge Density, Special Review for affordable housing
unit net livable standards, and 3 years of Vested Property Rights approval for the Gorsuch Haus, subject
to the conditions of approval as listed herein for a development containing 81 lodge keys, 4 free-market
residential units totaling 8,000 square feet of net livable floor area, 1-1 bedroom affordable housing unit,
7,7300 sq. ft. of commercial net leasable space, and ski lift and facilities on the reconfigured Lot 1. Ski
operations and associated ski uses for the relocated Lift 1 lift tower alignment, skier return, and World
Cup Viewing area, are approved on the reconfigured Lot 2.
Section 2: Planned Development -Project Review
The approved dimensions, site plan, architectural massing, and character are represented as Exhibits A
and B of this ordinance. Pursuant to Land Use Code Section 26._445_._090A__, the applicant has one
year from Project Review approval to submit the Detail Review application for this request.
Within 180 days of approval of this ordinance, the applicant shall submit an ‘Approved Plan Set,’
containing the floor plans, site plan, lot configuration, and elevations that were approved by the City
Council.
Once final approval is granted via Detailed Review, recordation documents shall be submitted within 180
days following the date of issuance of the Development Order in accordance with the requirements of
Section 26.490 Approval Documents of the Land Use Code.
a. In accordance in Section 26.490.040, Approval Documents Content and Form, the following plans
are required in the Approved Plan Set:
1. Final Commercial Design Review/ Architectural Character Plan.
2. Planned Development Project and Detail Review Plans.
3. Public Amenity Plans.
4. Public Infrastructure Plan.
5. Subdivision Plat
b. In accordance with Section 26.490.050, Development Agreements, a Development Agreement
shall be entered into with the City. At a minimum, the development agreement will outline the
construction phasing of both projects to ensure that the lift is offline for no greater than two ski
seasons, ensure adequate financial guarantees so that the lift is in place and functioning
regardless of the status of other components of the corridor project.
As part of the approved Planned Development, the Applicant shall comply with the following conditions
of approval:
a) The overall maximum height of the approved lodge is limited to 40’. Rooftop elevators, elevator
overruns may exceed this height by a maximum of 10’. Due to the location of the approved
stairway and associated retaining wall on the western side of Lot 1, portions of the western
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elevation of the lodge building will exceed the 40’ overall height restriction in the L zone district
as documented in Exhibit A, West Elevation and North Elevation. As part of the Planned
Development approval, the height measurement on the western elevation of the lodge building
shall be taken from the finished grade of the top of the retaining wall located adjacent and west
of this stairway. The lodge building shall not exceed 40’ in height from this approved
measurement point. Lightwells along the east and west façade that do not exceed 100 square
feet shall not be counted towards maximum permissible height
b) Specifically approved as part of the Planned Development review for Lot 1 is the ability for the
mixed-use lodge to contain restaurant and retail uses and for construction of new lift towers and
skier return.
c) Specially approved as part of the Planned Development review for Lot 2 is the ability for the Lot
to contain the relocated Lift 1A ski lift and alignment, development of new lift towers, regrading
for skier return, regrading for the Aspen Mountain service road “Summer Road”, traditional ski
operation maintenance activities, and World Cup viewing area for special event uses. The World
Cup viewing area shall obtain all required special event permits prior to operation, as necessary.
d) Engineering requirements may dictate that the Lift 1A replacement lift towers on Lots 1 and 2
might exceed the height limits and setback requirements for the C and L zone districts. The City
Council approves the replacement lift towers to exceed the height limit and intrude upon the
setback standards in the C and L zone districts, as required by design and as documented in the
attached site plan.
e) The lodge units shall operate under the rules and regulations of the City of Aspen. The four free-
market units shall not be combined. The four free market units are limited to 1,500 square feet
of net livable floor area and are permitted to be expanded up to 2,000 square feet of net livable
floor area upon landing the appropriate number of Transferrable Development Rights (TDR’s).
TDR’s used for additional net livable floor area up to 2,000 square feet per free market unit shall
be submitted and extinguished at building permit submittal.
f) Approved as part of the Planned Development review for Lot 1 is the ability for Public Amenity
Space to be partially covered by overhangs due to the close proximity of this space to the Lift 1A
ski lift alignment. Public amenity space is also approved to be oriented to the eastern ski slope.
g) A service gate is permitted to be placed at the entrance of the realigned Aspen Mountain service
road (Summer Road) on Lot 2. The service gate location, dimensions, materials, and color shall
be reviewed and approved by the Community Development Department.
Section 3: Special Review for Lodge Density:
The City Council finds that the proposal to increase lodge unit density complies with the Special Review
criteria pursuant to Land Use Code Section 26.430.040. The lodge includes a generous amount of non-
unit space and amenities for lodge guests in the form of an “accessory lodge” meeting room and an
“accessory lodge” spa both for use by lodge customers only and not the general public. The lodge also
contains a range of lodge unit sizes and configurations. The City Council approves an increase in lodge
unit density by 10% which represents 1 lodge unit/550 square of gross lot area (81 lodge units/44,545
square feet of gross lot area) and the associated floor area, height, and employee mitigation incentives
associated with the density of 1 lodge unit/500 square feet of gross lot area.
Section 4: Alternative Employee Generation Review:
Pursuant to Land Use Code 26.470.100(1)(F), the City Council finds that to incentivize the proposed lodge
project, an alternative employee generation review is appropriate, and that through an efficiency, a
reduction of 4.64 FTE’s from the lodging component of the project via a credit to the free market FTE
generation is approved.
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Section 5: Special Review for Affordable Housing;
The City Council finds that the proposal to place the onsite 1-bedroom affordable housing unit more than
50% subgrade meets the Special Review criteria pursuant to Land Use Code Section 26.430.040. The
location of the unit will not have any adverse impacts to the neighborhood, and the City Council approves
this portion of the request. The unit shall comply with adopted building codes regarding ingress and
egress.
Section 6: Rezoning
The current zoning for the subject properties located with the city’s municipal boundary is Conservation
(C). The City Council approves the rezoning of the reconfigured Lot 1 from C to Lodge (L). The
reconfigured Lot 2 shall remain within the C zone district. The official zone district map shall be amended
upon recordation of a final subdivision plat, recordation of an architectural plan set, and required
development agreements.
Section 7: Subdivision
Currently the subject land area consists of four parcels within the city’s municipal boundary. The
applicant proposes, and the City Council approves the parcels be reconfigured into Lots 1 and 2. The City
Council also approves the vacation of the public rights-of-way, comprised of 8,206 sq. ft. as requested by
the Applicant (a portion of S. Aspen Street and all of Summit Street) to be replaced with all necessary
easements for any existing or future utility infrastructure. The City Council also accepts the dedication
of approximately 3,462 sq. ft. of private property for City of Aspen right of way at the terminus of South
Aspen Street for cul de sac improvements.
Prior to building permit submittal, a subdivision plat shall be submitted for review and approval by the
Community Development Director and City Attorney. This plat shall illustrate the reconfigured Lots 1
and 2.
At Detailed Review submission, the applicant shall submit a draft revocable encroachment license
agreement for the hardscaping, pedestrian lighting, pedestrian benches, and landscaping improvements
within the Hill Street Right of Way. This revocable encroachment license agreement shall be
preliminarily reviewed by the Engineering Department and City Attorney. Final review and execution of
this license agreement shall occur concurrently with recordation of the final subdivision plat.
At Detail Review Submission, the applicant shall submit draft utility easements for any existing or
potentially future utilities within the Summit Street Right of Way and the South Aspen Street Right of
Way. This agreement shall be preliminarily reviewed by the Engineering Department and City Attorney.
Final review and execution of this easement shall occur concurrently with recordation of the final
subdivision plat.
Section 8: Growth Management Allotments
Growth Management Allotments. The following growth management allotments are allocated to the
lodge on Lot 1:
a. 4 free market residential dwelling unit allotments (from 2016 GMQS calendar year)
b. 1 - 1 bedroom affordable housing unit allotment. (from 2016 GMQS calendar year)
c. 7,730 sq. ft. of new commercial net leasable space. (from 2016 GMQS calendar year)
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d. 112 lodging pillows from the 2016 GMQS calendar year, with approval for 50 lodging pillows to
be granted from the 2017 GMQS calendar year.
Section 9: Growth Management - Affordable Housing Mitigation Requirements:
Mitigation Requirements. The following calculations are based in the Land Use Code in effect at
the time of application, March 29th, 2016. The included calculations are based on conceptual
level depictions of the uses. Updated calculations will be conducted at final review and
confirmed at building permit.
Lodge Use
Average key size: 432 net livable square feet. 81 lodge keys x 0.6 (generation rate)
= 48.6 FTE’s x .2639 (interpolated) = 12.83 FTE Lodge Use mitigation requirement
Free Market
Residential Use
4 Free Market units.
8,000 net livable square feet * .2319 (interpolated) = 1,855 net livable square.
1,855 net livable square feet / 400 (employee square foot conversion) =
= 4.64 FTE mitigation. **Employee generation review granted for a 4.64 FTE
credit. Free Market mitigation requirement = 0.
Commercial
Use
Restaurant, apres ski bar, small retail = 7,730 sq. ft. total net leasable square feet.
5,368 square feet above grade / 1,000 square feet = 5.37
2,362 square feet below grade / 1,000 square feet = 2.36
5.37 above grade * 4.7FTE’s = 25.23FTE’s
[25% reduction for subgrade commercial space x 4.7FTE’s = 3.525] 2.36 below grade
x 3.525 FTE’s = 8.32 FTE’s.
(25.23FTE’s + 8.32 FTE’s) = 33.55FTE’s. 33.55FTE’s x .2639(interpolated) = 8.85 FTE
Commercial mitigation requirement
Total Required
Mitigation 21.68 FTE, Category 4
*Special Review for Lodge Density has been granted and affordable housing mitigation incentives
are incorporated into the calculations above.
**based on an approved Alternative Employee Generation Review, an economy of scale of the
combined lodge/free-market project is achieved, and 4.64 FTEs are waived.
The project includes one (1) one-bedroom affordable housing unit for on-site mitigation (credit 1.75
FTE’s).
Affordable Housing Conditions. Any affordable housing units shall be deed restricted at a Category 4
income level or lower. The units are permitted to be rental units, and shall comply with the APCHA
Guidelines, now and as amended.
At building permit submittal, that application shall satisfy all affordable housing mitigation requirements
identified above. The Applicant shall comply with the following priority schedule to satisfy the affordable
housing mitigation requirement outlined in this section:
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1. Onsite deed restricted housing constructed or converted next to
or attached to the proposed development.
2. Offsite deed restricted housing constructed or converted at a
separate location within the Aspen core subject to approval by
APCHA. A single offsite deed restricted unit in an otherwise free-
market housing complex shall not be approved.
3. Use of Certificates of Affordable Housing Credits (Housing
Credits).
4. APCHA approved buy-down units
5. The proposed 1 bedroom onsite unit
Cash in lieu is not permitted to satisfy affordable housing mitigation requirements. No Certificate of
Occupancy shall be issued until all affordable housing has been provided via a Certificate of Affordable
housing or a certificate of Occupancy for any physical units.
Section 10: ESA Reviews
The City Council finds the application meets the 8040 Greenline review criteria and finds that the
approved development will have minimal effect on the Wheeler view plane.
Section 11: Engineering Department
The Applicant’s design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21
and all construction and excavation standards published by the Engineering Department. At Detail
Review, the Applicant shall submit detailed plans that include mudflow analysis, detailed utility plans,
and address all comments provided as part of the Development Review Committee on September 26,
2018. The Applicant shall also submit revised commitments as part of the TIA Review to remedy the 22
point deficit in this analysis.
In order to ensure that development of the Project does not exacerbate naturally occurring ground
movement, an inclinometer shall be installed and maintained by Gorsuch Haus or its successors or
assigns with bi-annual readings taken through the time of issuance of a Certificate of Occupancy. The
first Building Permit application for the Project shall include a report on the initial readings and a
subsequent report is required prior to issuance of a Certificate of Occupancy.
Section 12: Fire Mitigation
All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to
access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm
systems (IFC, as amended, Section 903 and 907). The proposed cul de sac at the terminus of South Aspen
Street shall meet all District requirements for grade, radius, width, and dimensions.
Section 13: Parks Department
Tree removal permits are required prior to issuance of a building permit for any demolition or significant
site work. Mitigation for removals must be met by paying cash in lieu, planting on site, or a combination
of both, pursuant to Chapter 13.20 of the City Municipal Code. Additional materials shall be submitted as
part of the Planned Development Detailed Review application inclusive of, but not limited to, a detailed
plan for existing tree protection and sidewalk development for the property.
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A tree protection plan indicating the drip lines of each individual tree or groupings of trees remaining on
site shall be included in the building permit application for any demolition or significant site work. The
plan shall indicate the location of protective zones for approval by the City Forester and prohibit
excavation, storage of materials, storage of construction backfill, storage of equipment, and access over
or through the zone by foot or vehicle.
Prior to final approval, the applicant shall finalize the dedication of the proposed public access trail that
provides access from Hill Street to the satisfaction of the Parks Department. The reception number
associated with this dedication shall be crossed referenced on the final plat.
Prior to final approval, the applicant shall finalize the dedication of a proposed public access easement
that permits access across the reconfigured Lot 2 and is commensurate with Aspen Mountain Road to
the satisfaction of the Parks Department. The reception number associated with this dedication shall be
crossed referenced on the final plat.
Section 14: Aspen Consolidated Sanitation District Requirements
Service is contingent upon compliance with the District’s rules, regulations, and specifications, which are
on file at the District office. Prior to certificate of occupancy for the building, the applicant shall connect
to the recently upgraded sanitation sewer line in the South Aspen Street. Prior to construction of the
connection, the connection shall be approved to the satisfaction of the District.
Section 15: Environmental Health Department
Code requirements to be aware of when filing a building permit include: a prohibition on engine idling,
regulation of fireplaces, fugitive dust requirements, noise abatement and pool designs.
Additional materials shall be submitted as part of the Detail Review application inclusive of but not
limited to appropriate sizing of the trash/utility enclosure, delineation of clearance of the waste
enclosure, and clarity on co-location of trash and utilities to ensure adequate room is provided. Special
Review approval from the Environmental Health Department to satisfy dimensional requirements may
be required.
Section 16: Water/Utilities Department
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. All Water System Distribution standards in
place at the time of building permit shall apply, and all tap fees will be assessed per applicable codes and
standards. Utility placement and design shall meet adopted City of Aspen standards.
Section 17: Development Agreement and Cost Sharing
Forthcoming…
Section 18: Lot 2 Development Restriction
The property owner/applicant shall include a plat note, for review and approval by the Community
Development Director and the City Attorney, that restricts the reconfigured Lot 2 against all future
residential building and residential development and other land uses and activities that are not
consistent with the intent and approved development outlined in this ordinance. This plat note
shall include a provision that authorizes the construction of all approved ski infrastructure pursuant
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to this ordinance and the ability to conduct all related ski operations and related ski uses, including
traditional and routine ski operation maintenance, on the property. This plat note shall also include
a provision for the ability to conduct all approved special events on the property. This language
shall be reviewed, approved, and executed at the time of recordation of the final plat.
Section 19: Public Amenity Spaces
The Applicant has committed to providing a total of 13,786 sq. ft. of public amenity space. These spaces
shall be permanently accessible by the public through stairs and/or elevators. These spaces shall not be
enclosed with temporary or permanent walls/windows or otherwise enclosed as interior conditioned
space.
Section 20: Vested Rights
Vested rights period of three years is granted conditioned on the applicant receiving final approval of the
project.
Section 21: Severability
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid
or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and shall not affect the validity of the remaining portions thereof.
Section 22: Existing Litigation
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or
proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and
the same shall be conducted and concluded under such prior ordinances.
Section 23: Representations Preserved
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before City
Council, are hereby incorporated in such plan development approvals and the same shall be complied with
as if fully set forth herein, unless amended by an authorized entity.
Section 24: Public Hearing
A public hearing on this ordinance shall be held on the 12th day of November, 2018, at a meeting of the Aspen
City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a
minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper
of general circulation within the City of Aspen.
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INTRODUCED, READ ON 2ND READING AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 12th day of November, 2018, the 26th day of November, 2018, the 3rd day
of December, 2018, and the 10th day of December, 2018.
Attest:
__________________________ ____________________________
Linda Manning, City Clerk Steven Skadron, Mayor
FINALLY, adopted, passed and approved this 10th day of December, 2018.
Attest:
__________________________ ___________________________
Linda Manning, City Clerk Steven Skadron, Mayor
Approved as to form:
___________________________
James R. True, City Attorney
Attachments:
Exhibit A – Site plan and elevations
Exhibit B - Dimensional standards
Exhibit C – Legal description
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Exhibit A – Site Plan and elevations
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North elevation:
East elevation:
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South elevation:
West elevation:
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Exhibit B – Dimensional Standards
Dimensions Lodge
Zoning
Minimum lot size 44,545 (Lot 1)
Minimum net lot area
per dwelling unit NA
Minimum lot width +/- 60 ft.
Front yard 5 ft.
Side yard 5 ft.
Rear yard 5 ft.
Maximum height 40 ft.
Floor area 64,023 sq. ft.
Lodging floor area 42,077 sq. ft.
Commercial floor area 7,730 sq. ft.
Multi-family floor area 8,633 sq. ft.
Affordable housing
floor area
1-1 bedroom
unit. 730 sq.
ft.
Maximum multi-family
size cap
4 units. 1,500
sq. ft./per
unit. Up to
2,000 sq.
ft./per unit
via use of
TDR’s
Minimum
off-street
parking
spaces
Lodge 81 keys = 41
spaces
Residential 4 units = 4
spaces
Commercial 7,730 sq. ft. =
7.7 spaces
Public Amenity Space 13,783 sq. ft.
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Exhibit C – Legal Description
The legal descriptions are as follows:
PARCEL 1: LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 AND 14, BLOCK 10, EAMES ADDITION TO THE
CITY OF ASPEN
PARCEL 2: LOTS 1, 2, 3, 4, 5, 6 AND 7, BLOCK 12, EAMES ADDITION TO THE CITY OF ASPEN
PARCEL 3: A PARCEL OF LAND BEING A PORTION OF THAT PROPERTY DESCRIBED IN THE
DOCUMENT RECORDED JULY 15, 1985 AS RECEPTION NO. 156038 IN BOOK 270 AT PAGE 21 OF THE
PITKIN COUNTY RECORDS AND THAT PROPERTY DESCRIBED IN THE DOCUMENT RECORDED JULY
13, 1971 AS RECEPTION NO. 146439 IN BOOK 256 AT PAGE 506; SAID PARCEL OF LAND ALSO BEING
SITUATED IN GOVERNMENT LOT 1 IN SECTION 13, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE
SIXTH PRINCIPAL MERIDIAN; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY BOUNDARY LINE OF BLOCK 10 EAMES ADDITION TO
THE CITY OF ASPEN, WHENCE THE NORTHEAST CORNER OF LOT 7 OF SAID BLOCK 10 BEARS
N.15°46'58"E. A DISTANCE OF 41.96 FEET; SAID POINT ALSO BEING THE SOUTHWEST CORNER OF
CARIBOU CONDOMINIUMS, ACCORDING TO THE MAP THEREOF RECORDED APRIL 24, 1973 IN
PLAT BOOK 4 AT PAGE 379; THENCE S.70°03'10"E. ALONG THE SOUTHERLY BOUNDARY LINE OF
SAID CARIBOU CONDOMINIUMS A DISTANCE OF 1.01 FEET TO THE NORTHWEST CORNER OF
MOUNTAIN QUEEN CONDOMINIUMS, ACCORDING TO THE MAP THEREOF RECORDED
SEPTEMBER 27, 1974 IN PLAT BOOK 4 AT PAGE 489; THENCE LEAVING SAID SOUTHERLY
BOUNDARY LINE OF SAID CARIBOU CONDOMINIUMS S.11°25'30"E. ALONG THE WESTERLY
BOUNDARY LINE OF SAID MOUNTAIN QUEEN CONDOMINIUMS A DISTANCE OF 110.77 FEET TO A
POINT ON THE SOUTH LINE OF SAID GOVERNMENT LOT 1; THENCE LEAVING SAID WESTERLY
BOUNDARY LINE OF SAID MOUNTAIN QUEEN CONDOMINIUMS S.89°55'06"W. ALONG SAID
SOUTH LINE OF SAID GOVERNMENT LOT 1 A DISTANCE OF 53.70 FEET TO A POINT ON THE
EASTERLY BOUNDARY LINE OF BLOCK 12 EAMES ADDITION TO THE CITY OF ASPEN; THENCE
LEAVING SAID SOUTH LINE OF SAID GOVERNMENT LOT 1 N.15°46'58"E. ALONG THE EASTERLY
BOUNDARY LINE OF SAID BLOCK 12 EAMES ADDITION A DISTANCE OF 5.21 FEET TO THE
NORTHEAST CORNER OF SAID BLOCK 12 EAMES ADDITION, SAID POINT ALSO BEING THE
SOUTHEAST CORNER OF SUMMIT STREET RIGHT OF WAY; THENCE CONTINUING N.15°46'58"E.
ALONG THE EASTERLY LINE OF SAID RIGHT OF WAY A DISTANCE OF 20.00 FEET TO THE
SOUTHEAST CORNER OF SAID BLOCK 10 EAMES ADDITION; THENCE CONTINUING N.15°46'58"E.
ALONG THE EASTERLY BOUNDARY LINE OF SAID BLOCK 10 EAMES ADDITION A DISTANCE OF
88.05 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 2,973 SQUARE
FEET OR 0.068 ACRES, MORE OR LESS.
PARCEL 4: A PARCEL OF LAND BEING A PORTION OF THAT PROPERTY DESCRIBED IN THE
DOCUMENT RECORDED DECEMBER 19, 1946 AS RECEPTION NO. 094502 OF THE PITKIN COUNTY
RECORDS; SAID PARCEL OF LAND ALSO BEING SITUATED IN GOVERNMENT LOT 31 IN SECTION 13,
TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN AS DESCRIBED BY
THE DEPENDENT RESURVEY AND SURVEY PLAT OF TOWNSHIP 10 SOUTH, RANGE 85 WEST, OF
THE SIXTH PRINCIPAL MERIDIAN, FILED MAY 30, 1980 IN THE UNITED STATES DEPARTMENT OF
THE INTERIOR BUREAU OF LAND MANAGEMENT OFFICE IN DENVER, COLORADO ("BLM PLAT");
SAID PARCEL OF LAND IS LOCATED ENTIRELY WITHIN THE CITY LIMITS OF THE CITY OF ASPEN
AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY BOUNDARY LINE OF MOUNTAIN QUEEN
CONDOMINIUMS, ACCORDING TO THE MAP THEREOF RECORDED SEPTEMBER 27, 1974 IN PLAT
BOOK 4 AT PAGE 489, WHENCE THE NORTHWEST CORNER OF SAID MOUNTAIN QUEEN
CONDOMINIUMS BEARS N.11°25'30"W. A DISTANCE OF 110.77 FEET; THENCE S.11°25'30"E. ALONG
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SAID WESTERLY BOUNDARY LINE OF MOUNTAIN QUEEN CONDOMINIUMS A DISTANCE OF 197.75
FEET; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY LINE S.45°00'00"W. A DISTANCE
OF 6.42 FEET TO THE SOUTHWEST CORNER OF SAID MOUNTAIN QUEEN CONDOMINIUMS;
THENCE LEAVING SAID WESTERLY BOUNDARY LINE S.45°00'00"W. ALONG THE EAST LINE OF
SAID GOVERNMENT LOT 31 A DISTANCE OF 281.39 FEET TO A POINT ON THE SOUTHERLY
BOUNDARY LINE OF THE SOUTH ANNEXATION TO THE CITY OF ASPEN, COLO, ACCORDING TO
THE MAP THEREOF RECORDED MARCH 24, 1967 IN PLAT BOOK 3 AT PAGE 132; THENCE LEAVING
SAID EAST LINE OF SAID GOVERNMENT LOT 31 N.70°37'00"W. ALONG THE SOUTHERLY
BOUNDARY LINE OF SAID SOUTH ANNEXATION TO THE CITY OF ASPEN A DISTANCE OF 757.26
FEET TO A POINT ON THE WEST LINE OF SAID GOVERNMENT LOT 31; THENCE N.14°40'13"E. A
DISTANCE OF 35.71 FEET TO THE SOUTHERLY MOST POINT OF GOVERNMENT LOT 38,
ACCORDING TO SAID "BLM PLAT"; THENCE ALONG THE COMMON LINE BETWEEN SAID
GOVERNMENT LOT 31 AND SAID GOVERNMENT LOT 38 THE FOLLOWING TWO (2) COURSES:
1) N.38°38'25"E. A DISTANCE OF 72.34 FEET
2) N.45°13'35"W. A DISTANCE OF 33.86 FEET;
THENCE LEAVING THE EAST LINE OF SAID GOVERNMENT LOT 38, CONTINUING ALONG THE WEST
LINE OF SAID GOVERNMENT LOT 31 N.14°42'57"E. A DISTANCE OF 30.93 FEET TO A POINT ON THE
NORTH LINE OF THE SE1/4NE1/4 OF SECTION 13, ALSO BEING A POINT ON THE NORTH LINE OF
SAID GOVERNMENT LOT 31; THENCE LEAVING SAID WEST LINE OF SAID GOVERNMENT LOT 31
N.89°55'06"E. ALONG THE NORTH LINE OF THE SE1/4NE1/4 OF SECTION 13, ALSO BEING THE
NORTH LINE OF SAID GOVERNMENT LOT 31, A DISTANCE OF 598.23 FEET TO A POINT ON THE
WESTERLY BOUNDARY LINE OF BLOCK 12, EAMES ADDITION TO THE CITY OF ASPEN THENCE
LEAVING SAID NORTH LINES S.14°50'49"W. ALONG THE WESTERLY BOUNDARY LINE OF SAID
BLOCK 12 EAMES ADDITION A DISTANCE OF 6.17 FEET TO THE SOUTHWEST CORNER OF SAID
BLOCK 12 EAMES ADDITION; THENCE LEAVING SAID WESTERLY BOUNDARY LINE OF SAID BLOCK
12 EAMES ADDITION S.75°09'11"E. ALONG THE SOUTHERLY BOUNDARY LINE OF SAID BLOCK 12
EAMES ADDITIONS A DISTANCE OF 181.46 FEET TO THE SOUTHEAST CORNER OF SAID BLOCK 12
EAMES ADDITION; THENCE N.15°46'58"E. ALONG THE EASTERLY BOUNDARY LINE OF SAID BLOCK
12 EAMES ADDITION A DISTANCE OF 54.79 FEET TO A POINT ON SAID NORTH LINE OF SAID
SE1/4NE1/4 OF SECTION 13, SAID POINT ALSO BEING A POINT ON THE NORTH LINE OF SAID
GOVERNMENT LOT 31; THENCE LEAVING SAID EASTERLY BOUNDARY LINE OF SAID BLOCK 12
EAMES ADDITION N.89°55'06"E. ALONG THE NORTH LINE OF THE SE1/4NE1/4 OF SECTION 13,
ALSO BEING THE NORTH LINE OF SAID GOVERNMENT LOT 31, A DISTANCE OF 53.70 FEET TO THE
POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 240,375 SQUARE FEET OR 5.518
ACRES, MORE OR LESS.
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I am Larry Mages, president of the Lift One Condominium Association. Some recent surgery prevents
me from personally being able to appear before you tonight. Unfortunately, many other Lift One also
could not make arrangements to be here in person.
My family and I have enjoyed a special connection with Aspen since the early 1950's, and my daughter
and grandchildren learned to ski on Aspen Mountain. I am the retired chair of the real estate group at
one of Chicago's larger law firms, have served on commissions and committees of my suburb and have
seen the effectiveness and benefit of public/private partnerships.
I want to urge you to accept the proposition that some of the development fees be used for the public
portions of the proposed project. In the context of a pure real estate deal, requiring full payment by the
developer makes sense. But this project is much more than that.
Aspen is the best mountain town in the Western hemisphere. That status arises from the confluence of
many factors—Aspen's history,the four mountains,the music,the Institute,to name a few One of
elements which sustains that status is the maintenance of Aspen's iconic nature, its unique personality,
and the spaciousness of the town.
It is right that the City should commit to maintenance of those factors. In that regard,the City should be
willing to contribute to the development of a history museum,the relocation of iconic structures and
buildings to sites where they will be seen and used by many more people, and the broadening of little
used park land. Being an owner at Lift One, I regularly see the bull wheel,the chalet and Willoughby
Park; they are wonderful and esoteric elements to our quiet little part of town. But precious few Aspen
residents and visitors are even aware. An increase in that awareness will only enhance Aspen's grace
and nature. And they are public; so it makes sense for the City to contribute. They belong in a place
where users of the relocated lift will see and be drawn to them.
And the contribution will not be from taxes or contributions of the residents and taxpayers. It is from
development fees for which there is no specific expenditure planned. There may not be a direct
economic benefit from the contribution, but the addition to the reputations of the City and the hark
back to its history could only be of benefit.
I come from City which has serious difficulty with many things, but its parks and public spaces, its
museums and recreational opportunities make it one of the great cities. In that regard Aspen is not
much different. It is a great place and should be willing to yield some revenue to preserve and enhance.