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CITY COUNCIL AGENDA
SPECIAL MEETING
CITY COUNCIL CHAMBERS
January 07, 2019
5:00 PM
For the purpose of:
I. Minutes - December 10, 2018
II. Lift One Corridor Project (Continued public hearing from 12-10-2018)
) (a 1) Ordinance #38, Series of 2018 - Lift One Lodge - Major Amendment
) (a 2) Ordinance #39, Series of 2016 - Gorsuch Haus - Planned Development
III. Executive Session - C.R.S. 24-6-402 (4)(f)(I) personnel matter (Review of City Manager and City
Attorney)
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
Regular Meeting Aspen City Council December 10, 2018
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CITIZEN COMMENTS ............................................................................................................................... 2
CITY COUNCIL COMMENTS ................................................................................................................... 2
CONSENT CALENDAR ............................................................................................................................. 2
Resolution #149, Series of 2018 – Debt Issuance for Purposes of Funding Construction for New City
Municipal Office Building ............................................................................................................................ 8
Resolution #151, Series of 2018 – Wheeler Marketing & PR Service Contract .................................. 8
Resolution #152, Series of 2018 – King Street Infrastructure Improvements ...................................... 8
Resolution #145, Series of 2018 – 2018 Mill Levies ............................................................................ 8
Resolution #153, Series of 2018 – SHIFT Partnership Agreement ...................................................... 8
Minutes – December 3, 2018 ................................................................................................................ 8
................................................................................................................................................................... 8
ORDINANCE #38 SERIES OF 2018 – Lift One Lodge – Major Amendment and ..................................... 8
ORDINANCE #39, SERIES OF 2016 – Gorsuch Haus – Planned Development ........................................ 8
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At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Frisch, Myrin,
Mullins and Hauenstein present.
CITIZEN COMMENTS
1. Ruth Harrison said the Streets Department needs to plow the alleys. It is really bad behind the
fountain. The blinkers on main, the lights keep changing. She doesn’t see anything being done
with the parents taking their kids to and from school. There is a tremendous amount of traffic in
the round a bout because of it. Not sure how it fits in with the mobility lab.
2. Peter Fornell said regarding the affordable housing certificate program, we are in jeopardy of the
program turning into something no one will want to participate in. One thousand dollars in
affordable housing generates $300 in property taxes a year. We need the commercial core to be
the contributor to help the entire community, not for housing. If we tell a developer to build units
and sell the certificates, then I don’t know what my role is. HPCs job is to review what the box
looks like not what goes in the box. That decision should be made by council. If we tell a
developer they have to mitigate on the site we will lose faith in the certificate program. If
something isn’t done to support the program we won’t see anything built out of it.
3. Lee Mulcahy stated his constitutional rights have been violated. On July 17th the first notice of
violation was sent. He said the compliance letter was sent on August 25th, prior to the 60 days
required.
4. Paul Kennedy said he lives in Burlingame and is a friend of Lee. Lee is a good man.
CITY COUNCIL COMMENTS
Councilwoman Mullins wished everyone happy holidays and a great season to everyone. She went to
Denver to work with CML. They are trying to get a bill passed with the CO house to increase funding on
affordable housing.
Councilman Myrin thanked everyone for their public comment. It is our community comments that make
us unique. The issues that were raised are very real. School driving has been going on forever and we
haven’t put our foot down. Peter’s issue, we have the opportunity to lose a significant amount of housing
because of our process and our code.
Councilman Frisch said best wishes. As much as I feel proud when I’m going up or down the mountain
or spending time at the institute. Over the last week between attending Klug’s summit, the AEF
fundraiser, Aspen Chapel art opening, I don’t think I’ve ever had a more connected with the community
10 days. It’s great and humble to live here. Happy holidays.
Councilman Hauenstein wished everyone happy holidays. Thanks for your comments. I always
encourage people to make their thoughts known. As a town and a council, we are facing some important
issues for the future.
Mayor Skadron said happy holidays and be safe out there. Don’t forget why you live here.
CONSENT CALENDAR
Resolution 152 – King St improvements
Councilwoman Mullins asked has the location of the sidewalk been determined. Mike Horvath,
engineering, replied no. There is a work session on January 8th with council to discuss that with the
neighborhood. Councilwoman Mullins said we will be hearing from the public then. The construction
won’t be affected by that decision. Mr. Horvath replied no.
Resolution 153 - SHIFT
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Ashley Perl, environmental health, stated this is a contract with Lyft to deliver Shift. The plan is to run
this for next summer. The contract provides three things. It is a testing ground for some concepts from
the community transportation forum. The goal is to get the community out of their cars with more
mobility options and to understand what services will work in Aspen in the future. This contract is with
Lyft and includes a not to exceed of $800,000. It is in the current budget for 2019 and is under the
original estimate. It also includes a mobile application, outreach and marketing, electric bikes, electric
scooters, mini-busses and shared rides. The City is paying for the mini busses and shared rides. We are
excited the partnership includes the in kind app. A lot of the money is being passed through Lyft to the
local community. We need to sign the contract so they can contract with local providers and drivers.
Electric bikes and scooters are controlled through the contract and a city ordinance. The contract and
ordinance will regulate them. This is not subsidized by the city. The user will pay to unlock the device
then a per minute charge. Lyft will charge a penalty for trips over 30 minutes. You can reserve and pay
for the device using the app. They are not permitted on sidewalks and malls. The scooter test can be
ended at any time. Shared rides and passenger vehicles will be driven by Lyft drivers. The will use
passenger lanes not bus lanes. You will hail a ride using the app. Lyft will set the fare to the user. The
service area is to be determined but not to the airport. Mini busses would originate from the intercept lot.
They can use the bus lane. They will be free to the user and allow dogs. The service area is also to be
determined. There have been three big outreach efforts. We talked to over 600 people throughout the
valley. Traffic goes against quality of life. The general consensus is people would like the city to do
something about it. We met with the bike shops. The City is willing to subsidize a one day demo for E
bikes. We asked them what they thought of dockless E bikes. The reply was they don’t hurt our
business. The final outreach was to taxi and shuttle businesses. We would like to meet with these
companies in the coming weeks and put out an RFP for a possible late night shuttle service. We are in
conversations with the school about continuing Shift in to the school year.
Mayor Skadron said he was at city hall yesterday going through emails. My reply was the Shift program
is simply a 90 day experiment to try an integrated mobility system. It is the result of a year and a half
community meeting that will include multiple mobility means. It would be irresponsible for us not to try.
Councilman Myrin said he read that Lyft has the contract. Was there a reach out to the bike shops. Ms.
Perl said the bike shops, we have not reached out to since Lyft came on board. The meeting since the
local shuttles was scheduled so they heard about it prior. Councilman Myrin asked is there any reason
this has to happen tonight. Ms. Perl replied if we postpone this to late January or February we cannot
deliver Shift on time for next summer. Lyft can’t reach out to local providers until they know we are in a
contract with them. We are up against a pretty tight time line. Councilman Myrin said on page 87 it
mentions the possibility of discouraging use of longer than 30 minutes with a fee increase but there is
nothing binding. Can we do the same thing we’ve done with we cycle. Ms. Perl said we have a
confirmation that they will charge a penalty but we want it higher than the we cycle penalty.
Mayor Skadron opened the public comment.
1. Luke Wampler, Aspen Valley Bike Shop, said he has the same concerns as Councilman Myrin’s.
Lyft plans on charging a $1 set up fee and then a per minute charge. Without a more cemented
penalty they could very easily under cut the businesses in this town. Councilman Frisch replied
$9 an hour. Luke said $60 for 2 hours for E bikes. Councilman Frisch said there is discussion of
some type of penalty. Is there a hurdle to not try to cause we cycle or is it market rate. Ms. Perl
said we suggested a penalty of what the rental price is so people would be encouraged to rent a
bike. We are discussing not just a penalty but a slowing of the device. Luke said we want to
make sure if the contract is signed we are not locked in to that price.
2. Billy Taylor, Aspen E Bikes, said before a contract is signed all these little points should be in it.
We’ve had 2 work sessions with the city. There were boundary protections saying they could not
go up to the Bells and I don’t see that in here. It is not fair to the bike shops. The 90 days is our
season. Ms. Perl said the contract lays out the high level. We would need to come back to
council with an addendum. We would not release any money until we have those details. Billy
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said it seems like you are rushing in to things to get things signed and that is not fair to the bike
shops. Ms. Perl replied we want to support the bike shops above everybody else.
3. Charlie Tarver said Aspen is one of the most bike friendly bike communities in the world. Why
would you be in the bike business.
4. Eden Vardy said he is very sensitive to what the bike shops are saying. He thinks Shift is a
wonderful thing. It shares our community ethos. Keep the big picture in mind. It is a 3 month
trial. A lot of the details can be ironed out. What is the most sustainable option for the long term
for our town and citizens.
5. Whitney Justice said she would like help with the kids driving to school. The school gives the
kids a parking pass when they are a senior. I can’t compete with that pass. What can we do
better as a community. Scooters are dangerous.
6. Rick Galley said this is an expensive solution looking for a problem to solve. He has not seen a
traffic problem definition. 30 to 40 minute traffic back up and a parking lack. The solution is to
limit construction as a trial. Survey residents as to what upsets them, who they are to evaluate
options.
7. Ed Garland, Aspen Bikes partner, said he is concerned that the contract has a price structure of $9
per hour. What leverage does the city have to negotiate. It is their advantage to have longer
rentals. We have been able to coexist with we cycle with their penalty system. He would rather
have concerns in writing now. Jim True, city attorney, said if people are concerned with the
provision in 7.3, and you want to make it definitive you can make it as a provision of approval at
this point. Councilman Frisch said we are wordsmithing this in the middle of the consent. Is this
what we need to do to make this work.
8. Dan Perl, teacher at high school, said he lives here for the high quality of work. One of the most
important things is leaving his car at home. He supports council for taking some bold strokes and
supporting this issue. Shift represents the way that people want to get around. The transit
solutions we have are phenomenal.
9. Wendel Whiting said the community is often driven by a few people with loud voices. He
appreciates the Shift project. It is a good opportunity to see what works. It will generate a lot of
data that local businesses could use to their advantage.
10. Charlie Gardner, High Mountain Taxi, said we are at this point due to the lack of outreach by city
staff. First, we had the downtowner, then the expansion of the downtowner, now it is the
downtowner on steroids. If you were looking for subcontractors it should have been stated to
begin with. The more you take the harder it is to survive. The goal post keeps changing.
11. Roberto Ramira, said the goal is to reduce traffic. Who is bringing all the traffic. This is a tourist
town. You should consider the community first instead of a big corporation.
12. Charlie Bantis said have you considered if the E bikes take off contracting directly with the bike
shops.
13. Mirte Mallory, we cycle, said they launched in 2013 to reduce traffic as an alternate mode of
travel. We aligned with the goals of Shift. We are a public private partnership. She applauds the
city for a bold vision of the Shift initiative. We are committed to the same objectives. She
supports using one platform. While the contract represents ambition, it lacks detail for
collaborative implementation. It creates a framework for services. We cycle asks council to
delay signing of the contract until partners can provide input. We are here to partner and have
open discussion prior to signing a contract. We need time and a public forum to do so.
14. John Sarpa is here to talk about the community forum. It concluded there are quite a few things
that need to happen at the same time. When something this major comes along you have to find a
way for balance. He encouraged council to take a little more time. Signing the contract with all
these blanks doesn’t come across the way it should.
15. Kelly Murphy said the intercept lot needs to be connected with the bike path before this happens.
Bike racks need to be on all busses.
16. Paul Williams, Aspen Bike partner, said as a bike community we are not against bike sharing. It
has to be done correctly. The details need to be worked out for it to work properly and with us.
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Geofencing can work for the E bikes. The price structure needs to be looked at. We cycle has
worked with us.
17. Stacy Rothenberg, limousine provider, said they haven’t heard about what will happen after the
90 days. Once Lyft is here they are here. Ms. Perl stated after 90 days the city will not support
Lyft being here.
18. Ann hockey, Aspen Limo Service, said the biggest problem is the commuters. Lyft will become
your preferred provider because they are your partner. She asked council to delay the vote on
this.
19. Kevin Smitty, Smitty Limo, said what is there to stop my neighbor from contacting Lyft and
saying I want to be a driver. What is there to stop them from going to the airport.
20. Kit Mclynden, limo and bike outfitter service, said he is the middleman to outfitter and bike
services. We need more time before making a decision like this. There is also a safety issue here.
21. Skippy Mesirow said he doubts any of us live here for the worst parts of living in a big city.
Anything we can do to move to an automobile less future are good. Glad you are trying
something. Be brave, bold and stay the course. We have a ton of wonderful local businesses.
Reach out and come to a better solution.
22. Virka Ramira, limo service, said we never heard of this. She does not see a reason why we
should do this. We are here because we want to experience small town life.
23. Eddie asked what are the conditions to cancel after 3 months. Mr. True said the contract is only
for 3 months.
24. Lee Mulcahy said to look at the study by MIT.
25. John Gally, limo company owner said he is against subsidizing a company we are competing
against fair and square. Uber and Lyft don’t have a path to profitability here. I wish the money
would be spent with local companies. The outreach was not effective. If the details are not in the
contract they don’t matter.
26. Tom Coggins said all of us transportation operations are regulated by the state. We all need to be
safe and be able to make a living. Maybe the city has jumped the gun instead of dealing with it
locally.
Ms. Perl suggested removing the shared ride piece of the contract. She is not sure what a work session
gets us.
Councilwoman Mullins said she does not think that is what we should do here tonight. It is along the
same lines of wordsmithing. She would like to hear the rest of the comments and act on what is before
us.
27. Mick Ireland said what we are doing right now is not working. Demand transportation is not new
to Aspen. E bikes will expose people to something that is not competitive in the bike shops.
Maybe they will then go in to the bike shops. A graduated tax for use over half an hour might do
the trick.
28. Michelle, elite transportation, said you haven’t done enough homework on the ground
transportation side. Lyft is 180% more traffic on the roads. Lyft isn’t cyclical here. Ride hailing
has decimated taxi’s across the US.
29. Kevin Cordova, limo service, said it seems like the contract is not ready. It needs more
refinement.
30. Mike Maple said the most disturbing thing is the city process doesn’t engage the community early
enough in the process. The process doesn’t work. It is very clear this is being rushed. Where are
all the scooters and E bikes going to go.
Mayor Skadron closed the public comment.
Councilman Hauenstein said when I saw this all the public comment covered my objections. I don’t like
signing a contract where there are blank spaces. It is important we nail this down. I question the
wisdom of E scooters. I share the same concerns. I want Shift to be for transportation not recreation. I
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served on the forum on mobility and transportation and learned a lot. Shift is necessary to try. All the
pieces except the scooters have real possibilities to reduce traffic in the downtown. The key is to utilize
the intercept lot. If it can’t reduce traffic I don’t want to deal with it. We need more time spent on this.
My first thought was we need to table this. I agree with what you all have been saying. I fully support
the different aspects of this. The ride sharing has received some bad press. It does accomplish our
goals. Ride hailing, taxi services are nothing more than an analog ride hailing service. Ride hailing
increases traffic but ride sharing decreases it. Lyft is more than ride hailing and sharing. It incorporates
what we were going to have multiple vendors do. I have a fond place in my heart for the bike shops in
town. I want hard penalties in there so it is a disincentive for Lyft to come in and undermine our local
shops. I can’t sign a blank contract with so much left undetermined. We need a workshop with the
partners. I know this has been going on for a year and a half. We need to have it defined. Too much is
undefined to vote yes this evening.
Councilman Frisch said I want to talk about goals and process. For the last 40 years we have been
focusing on the supply of roads to fix traffic in Aspen. It is important that we signed up to take on this
goal. All the people that spoke in favor of progressive transportation and community values, are spot on.
The process has been troublesome to me to say the least. I shared some concerns in December of 2017 as
to how we were going to pull this off in 2018. Lots of public comments from me and others. The whole
thing has been focused on we need more outreach. This is the discussion we should have had in the first
month. What might be 90 days for city hall might be the last 90 days for boots on the ground for some
of our transportation workers. I think this process from early days has highlighted my prior stated
comments concerning the disconnect from city hall on truly how hard it is to run a small business in
town. Two few of us have had to make a pay roll, let alone in this town. The lack of humility from city
hall continues to worry me when it comes to the business. I’ve heard in this building on a few occasions
about old school transportation companies who need to get on board with the future. I find it a bit
unsettling that some people assume an industry is dying and we need to step in to turbo charge the
assumed inevitability. As I’ve said before, city hall has no to very little idea what it takes to be in the
transportation business. We should have reached out on day one saying we have mobility demands and
millions of mobility dollars. The focus on future data collection is great. We have people with years of
data. We have not reached out once for their feedback on ideas, what’s wrong or missing or how can we
get them involved. The downtowner has been going on for some time in the hopes of being a ride share
program. 70 to 80 % of rides are single point to point. It comes down to an issue of density. We do not
have a dense community. If we increase our ride service there is a view the probability of car pooling
will go up. My view is we will have less density and I don’t know how we will get car sharing. I spent a
year and a half sharing my concerns. I would love to try to see the goals of the Mayor and those we all
bought in to be realized.
Councilman Myrin said the process of announcing the contract less than a week of putting it on the
consent agenda is the wrong way to go. I will not support this. It is a process thing for me.
Councilwoman Mullins said I’ve been a really strong supporter of Shift and what came before it. There
have been years of work starting with the transportation forum and gathering data for what we can
possibly do to address the issue with congestion. We do have a problem with the congestion in town.
Shift is an attempt to work on that. We can’t just drop it and hope things fix itself. There are a lot of
elements that are logical. Maybe it answers the questions about the S curves finally. There are
significant environmental benefits. There are a lot of values to doing a program like this. Aspen prides
itself on innovative programs. We have this history of pushing the envelope and finding solutions to
clear obvious problems. We can’t keep guessing on what works or doesn’t work. I have never heard so
much push back on one initiative. Part of my job is to collect research and listen to staff but the other
part is to represent the people who elected me. I certainly cannot support approving the contract tonight.
I would like to continue to work on it. There has been quite a bit of outreach but clearly not enough. We
need to keep working with our transportation providers. We need to get support for the program if we
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want to go ahead with it. If we don’t have the community support, it won’t be successful. We need to
get as many specifics as we can.
Councilman Frisch said one question is, is today the go no go with Lyft for 2019. I’m not sure what you
need from us. Ms. Perl said she hesitates to come back for a work session where anything different
comes out of it. What I heard tonight is the majority of the pushback is on the shared rides. We can
negotiate a contract that eliminates the shared rides and move forward with some type of Lyft and see if
the community can deliver a shared ride piece. I think it is local companies provide the shared rides or it
is removed from the contract. I’m not sure where we go. Councilwoman Mullins asked what do you
mean by shared rides. Ms. Perl replied I’ve heard much more pushback from shared rides with Lyft.
Councilman Hauenstein said I think the shared rides have real value. I think ride hailing is in direct
competition with the taxi service. Ride sharing eliminates congestion by cutting down traffic. Ms. Perl
said in this particular agreement ride sharing and ride hailing are the same thing. Councilman Frisch
said there needs to be some minimal level of services to say we have a summer program. Getting people
to turn left at the intercept lot and hop on a point to point bus is worth a try. He is not sure if micro
transits and bikes are enough to make a go of it.
Mayor Skadron said we are all worried about change and the future. It is coming here whether we like it
or not. Shift gives us a snapshot of what it looks like or not. If we have a meeting in January it should
be focused on what additional services can be provided by local services. This wasn’t about bringing
Lyft here. This is a 3 month experience about how we move in and around Aspen. My hope has been
how we move people without relying on vehicles. My challenge to you as the transportation sector is to
understand the principles behind this. It is not about bringing in competition. We have a serious
problem and we need serious people to fix this problem. It is about maintaining our quality of life and
not defaulting to the status quo. All I’ve done and the council has done to this point is compare the
community we are today against the one we claim to want to be. If you are satisfied with traffic and
congestion at the entrance to Aspen, that is wholly antithetical to the entire notion of this place, then
fight this program. Don’t work with us. Because that is what you are going to get, more traffic. The
program as we know, is these new transportation things working together in a compressive app that
makes it easier for users to make smarter decisions about their commutes and errands. We hope that we
would revitalize the core with some pedestrian zones and public spaces. Our goal was to bring forward
thinking options. The outcome of a successful experiment, in my opinion, was a people first downtown
that aligned with an environmentally sustainable and socially equitable stronger community. That is the
place we want to live in but that is not what we are. We are suffering under the weight of our own
popularity. I’ve always argued we want the people in town, just not the cars. The lab has the
opportunity to provide to the community essential information not just to Aspen but the entire region.
The only other option is to build four lanes over the open space. If you are really interested in
addressing the status quo and really believe in a community that wants to be better and believe in the
promise of this place then get involve and do something. You have raised some legitimate concerns and
it gives council some real angst to move forward with the contract. The consensus is this will not be
supported to move forward tonight. I am also hearing there is general support to move forward with the
program that addresses the issues we all feel are a challenge to Aspen’s quality of life. The next step is
to see how we can bring in our local providers.
Councilman Frisch said he is not sure what types of meetings we are looking for. Ms. Perl said she
recommends amending the contract for the other pieces at the same time as working on the other
conversation. Councilwoman Mullins said that is a good approach. Take out the one piece and let us
know how effective that will be. It is really important that everyone here puts forth your ideas.
Councilman Frisch said he is not opposed to seeing the micro transit come back. The bikes and scooters
won’t take a lot of time. The ride share is the substance. Ms. Perl said she will speak with Lyft and see
if they have an option for us. In the mean time we will look at schedules to see if there is a local option.
Councilman Hauenstein said he would really value a round table discussion with the transportation
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people. Mayor Skadron asked if there is support to pull Resolution #153 from the consent agenda.
Council agreed to support adopting the consent agenda without Resolution #153.
· Resolution #149, Series of 2018 – Debt Issuance for Purposes of Funding Construction
for New City Municipal Office Building
· Resolution #151, Series of 2018 – Wheeler Marketing & PR Service Contract
· Resolution #152, Series of 2018 – King Street Infrastructure Improvements
· Resolution #145, Series of 2018 – 2018 Mill Levies
· Resolution #153, Series of 2018 – SHIFT Partnership Agreement
· Minutes – December 3, 2018
Councilman Hauenstein moved to adopt the consent calendar without Resolution #153; seconded by
Councilman Frisch. All in favor, motion carried.
ORDINANCE #38 SERIES OF 2018 – Lift One Lodge – Major Amendment and
ORDINANCE #39, SERIES OF 2016 – Gorsuch Haus – Planned Development
Jessica Garrow, community development, said this is the fourth public hearing for this project. We are
requesting direction on cost sharing. We are also requesting a continuance to January 7th for a special
meeting.
Mayor Skadron opened the public comment.
1. John Doyle said he has rented or owned a cabin on back of Aspen mountain since 1988. Where
will the scaffolding go for world cup if the lodge is there. He doesn’t see how this whole project
can be boiled down to one ballot question. The rezoning should be settled first. Slow the project
down. When the city manager warns against cost sharing it is time to listen.
2. Erik Skarvan said he is agreeable with a new lift and appropriate development. Lift One Lodge is
still towering and Gorsuch is still stretching to the sky. Lack of addressing a core community
value and making our built environment in line with our environment. We are not housing the
people to provide the services. Lack of affordable housing does not respect our number one
community goal. Not one dollar of public money should go towards this development.
3. Luke Van Arsdale, representing Robert Shearer, said over the last several meetings the developer
has entered on the record they have been working with my client on the scale and mass. They
will not be entering a statement today. The east building profile approved in 2011 did not extend
over the Gilbert Street corridor. Today the profile extends impeding my clients view. This does
not need to happen. We object to that. We request as part of the ordinance, section 14, which
addresses the amended plat, be amended to address the Gilbert Street view plane issue.
4. Alex Biel said he is enthusiastic about a lot of the changes to the 1A corridor. The mountain
shouldn’t become a slab of concrete. The conservation zone should be respected. Imagine all the
changes without Gorsuch Haus. I think there will be a new lift at some point.
5. Denis Murray said he participated in two Co-ops for this parcel. This development lacks the
resort/community overlap. This is a once in a lifetime development. Affordable housing is a
once in a life time obligation that should be on the table. The ability for net zero building is
available. Put the E back on Dean Street. It’s history and important. Highlands is ripe for world
cup. Maybe that is where it should go. Don’t let your decision be about money, it’s about Aspen
and what we can be. This is a small hotel in Vail but giant here. I look forward to a vote.
6. Casey Martin, Aspen Mountain townhomes, said they sent a letter about capacity and safety
issues related to Gilbert Street. They would like a retractable bollard system. It would keep
Gilbert Street clear for pedestrians, bikes and emergency vehicles. Open two way traffic can’t be
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accommodated there. More likely an emergency access issue if there was two way access on the
street.
7. Mike Maple said Aspen is based upon ski racing and the world championships of the 50’s. There
is amazing community interest in bringing the lift down the hill. The lift will not move unless
there is an economic engine to let that happen. Real estate development is really hard and risky.
This project is worthy of our community support. The city should pay for the park. The city
owns the historic lift and it their responsibility to maintain it. The city owns Dean Street and
should maintain it. The only contribution I would not support are to the underground parking
facility. The museum went to a vote once before and the community supported it. Recognize
what is being asked for are already community obligations. The world cup will not come back
without a new lift.
8. Chino Martinez, member of the ski school, said Aspen is one of the best ski areas in the world. I
use the mountain as a tool to support my family. World cup will not come here unless we do
something. We are getting behind the world. Clients won’t come back unless we develop the
mountain.
9. David Guthrie said ski racing is our birthright. The world cup has people clamoring to get their
events. At what point do we decide to get real. The return is not always tangible.
10. Scott Ledeau, Betteridge jewelry, said he is thrilled with the lift one corridor. It is intelligent and
forward thinking. It is a great opportunity for growth for his business. There is potential for
world cup to come back.
11. Bill Tomcich said there were 55 properties listed in 96/97 ski season. Only 20 are still here today
under the same name. 12 are gone. We have a ski town heritage that is deeply rooted in ski
heritage. This is an opportunity to go a long way to filing this void.
Mayor Skadron closed the public comment.
Ben Anderson, community development, said the issues that have a majority of council support include
general site planning and lift corridor, proposed uses on city parks, lot reconfiguration, height, massing
and scale for both projects, subdivision and rezoning of Gorsuch Haus. Affordable Housing mitigation,
we acknowledge the code that gives reductions. Project phasing, impact of Lift One operations. Winter
maintenance of S Aspen Street and defer and evaluate.
For the cost sharing proposal, the central question is does council support direct financial contributions
from the City of Aspen to the project outcomes. Does council support the use of project development
fees to be used on public facing aspects for the project. If yes, what.
Dean Street improvements
The estimated total project cost is 1.2 million. The proposed city contribution is $760,000. The Skiers
Chalet lodge is 5.6 million with 3.2 million from the city.
Winter street maintenance is a separate process that will be addressed in distinct sections of the ordinance.
Lift One Lodge will be responsible for any actual costs beyond the estimates. Improvements to parks
including Deans Street plaza, bathrooms and future development of Dolinsek gardens will be included in
the parks capital budget.
Possible options include no contribution. Contribute to cost sharing proposal of 1.36 million amount and
revenue source. Contribute 4.36 amount only. Contribute to Dean Street. Contribute to a fixed amount
the developers put forward.
If an agreement is reached, we will draft an ordinance in response. The city attorney will draft ballot
language.
Michael Brown, owner, said both Gorsuch and his family are local families. He appreciates all the
comments. We were hoping to redevelop the Mountain House lodge. We couldn’t because of the lodge
incentive plan that was taken away. Just because Erik pounded his fist doesn’t make what he said true.
To pretend that the request for housing is 35% mitigation. These projects generate well over 100%
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Regular Meeting Aspen City Council December 10, 2018
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mitigation in terms of tax revenue. At what point is it too much. To suggest that the first payment at
building permit pick is the only payment is just false. We have a funding mechanism for 100%
affordable housing and it is the transfer tax and the percentage of the sales tax that generates the ongoing
money to more than exceed those affordable housing numbers. It is a bit unfair to strictly look at. We
support the suggestion for the retractable bollards.
Stan Clauson, representing Lift One Lodge, said P&Z did not have serious concerns. What they had was
serious enthusiasm and voted 7 to 0. This development is less than the allowable FAR for this zone
district. Related to the proposed funding mechanisms, he said benefits for historic properties have been
provided in the land use code for some time. Continued protection of the resource is the basic premise
supporting the creation of an innovative package of preservation tools that are unlike any other in the
country. They include waiver of impact fees, community initiated development and public/privately
funded rehabilitation efforts. The code is full of opportunities for the City to participate in historic
preservation. The steakhouse and the gantry are designated historic resources. The skier chalet building
is not. It is part of the Aspenmodern listing of potential resources. For any potential resource the City
and property owner may negotiate to reach a mutually acceptable agreement for the designation of the
property. The ski museum could reside along with skier services in a building that would cost much less
to build and develop. The relocation of the skier chalet is a very expensive proposition. Of all the issues,
funding for the skier chalet building is of most concern for the council. The code provides a clear
direction that funding for this kind of preservation is perfectly in line with the code.
Mr. Brown spoke about the tax generation from the project. Includes use, real estate transfer, lodging and
property taxes. Based off of 2017 mill levy and RFTA mill levy. The total tax generated over a 30 year
period is 147.4 million dollars. Of that, 35.7 million is affordable housing or 150 FTEs. City of Aspen
general fund, 7.1 million dollars. Open space and parks is 6.1 million dollars. Local transit is 10.7
million dollars. Gorsuch would be in addition to these numbers.
Mayor Skadron said John asked where would the world cup finish, why one ballot question and why the
rushed timeline.
Mr. Clauson said the world cup finish is pretty much where it has been in previous years. With respect to
a rushed process, we have had numerous work sessions with multiple boards and commissions. There is
still is a process moving forward. Mr. Brown said we hosted 6 open houses. Mayor Skadron said if the
community number one goal or value above all else is preservation of character, mass and scale, and this
is 300,000 square feet of development and has affordable housing that meets code but is far under 100 %.
You are juxtaposing that with dollars and asking council to put aside those values. Mr. Brown said he
appreciates that question. In respect to massing, it is still a wide open view plane. I understand the
concern.
Steve Barwick, city manager, asked for the calculations. Mr. Brown said every time a property sells there
is a 1% transfer tax that goes in to the coffers. We’ve estimated this generates 36 million into that fund.
Once every 7 years is the typical time period in which a unit sells. Mr. Barwick said with more people
and more time come more demands on new net. We would like to know your calculations and so would
the people voting on this. Mr. Brown said we would be happy to provide that to the public. Mayor
Skadron asked for a comment on the east building mass and scale objection. Mr. Brown said with respect
to the eastern building, it is a private matter we’ve been discussing with them. It meets code. We have
been trying to value their view planes. Mayor Skadron said we want to be equally sensitive to the
community. Mr. Brown said we support the idea of bollards. We are happy to support what they have
suggested. We think it is a descent solution. Trish Aragon, city engineer, said we are not supportive of
the permanent bollard system, privatizing the street and emergency services. The below ground street is
just as important as above ground. Ms. Garrow said at this point there is not direction on bollards.
Typically, this would be addressed at final review. To find a solution that engineering, fire and the
neighbors can agree on. Councilman Myrin said the other bollards in town, why can’t we duplicate those.
Ms. Aragon said those aren’t what they are suggesting. Gilbert is meant for vehicle traffic, Dean Street is
not. They are different issues.
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Regular Meeting Aspen City Council December 10, 2018
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Councilman Frisch asked what are you expecting to get out of tonight’s meeting. Mr. Anderson replied if
we can get alignment tonight we can come back with firm ordinance language on the 7th. Ms. Garrow
said we think we have majority on the other topics.
Mr. Anderson said there were statements from some councilmembers of varying degrees of support for
the cost sharing proposal. From your comments these five options were things that we came up with to
try to represent that discussion. Councilman Frisch said no contribution is Dean Street and the assumed
cost. The cost to retrofit the skier chalet is not to cover the over. Mr. Anderson said as we’ve looked at
the proposal it boils down to these two requests, Dean Street improvements with an estimate of 1.2
million dollars. There are some contributions from Lift One Lodge and Dancing Bear. The City is being
asked for 760,000 dollars. Councilman Frisch asked who covers the overage. Mr. Anderson said there
have been representations that any overages for Lift One would cover those. Mr. Clauson replied that is
correct. Mr. Brown said option five, if easier, rather than funding to the museum the city could contribute
to public infrastructure. The money would only get contributed once the lift is built. We put it in and
after it is in we get paid back for it. You get the lift you bargained for. Councilman Frisch said when it
comes to the skier chalet, there are unknown costs, the assumption was the applicant is asking for the city
to pay 80 percent of the assumed costs. Ms. Garrow replied it was 80 percent of the development fees.
There is a commitment of 1 million from Lift One Lodge, 1 million from Gorsuch, 3.6 million from the
City and any overage would be paid by the applicant. Mr. Brown said the idea is not to give the city open
ended commitments. Councilman Frisch said the assumption of what staff is thinking what should be
final review, the bollards, managing Gilbert as well as the snow melt discussion is you are suggesting
they get handled at a later review process. Ms. Garrow said we feel we have clarity on snow melt. There
is a lot of new infrastructure on S. Aspen Street. See how it goes, do a traffic study and additional studies
then come back for a later discussion. That would be resolved in the ordinance. There was not unanimity
on is snow melt the right answer. It was let’s come back and talk about it once we see how the street
operates. Councilman Frisch said there are minimally five options. The applicant just offered a sixth
with tying it to delivery of the lift. I think number one came from the Mayor. Councilwoman Mullins
said your last suggestion is really important that the money not be contributed until the lift is done. If you
could amend three to include that. It is no secret that I support the city being a partner in this. This is
going to be an enormous community benefit in the end and we talk about the 30 year vision at the end of
the council agenda. This is a 30 year vision. Whether it is the ski racing coming back, the lodging that
we need or the historic resources. 30 years from now people will thank us for having done this.
Councilman Hauenstein said it is a larger discussion than just the cost sharing. It has been said for years
keep Aspen, Aspen. What does that really mean. To me Aspen was a leader in the ski industry. We had
the world championships here for the first time in the United States. We had the longest and most
advanced ski lifts. We have been a leader environmentally and with work force housing. To keep Aspen,
Aspen we have to continue to be a leader in those areas. There are a number of aspects we need to have
to make this work, one is the ski museum another is work force housing. The code has incentives for
density for lodges. If the full ask is given it goes from 114 to 67. It is about an 11 million dollar
concession. I understand when Michael says you will generate money to house people over 30 years but
in the short term there will be impacts. It is also important we have safe streets. I think it is our
responsibility to deliver a safe corridor both on Dean and S Aspen. There are multiple examples of
public/private partnerships. A role of government is to ensure the economic sustainability of the town. If
we are going to commit money to reduce traffic through a mobility experiment that will last for 3 months
then we should commit money to a project that is going to benefit the town for at least 30 years. I support
public dollars to help get this done. I don’t want to get in to how much money we are going to take from
each fee or fund. I would rather see some version of number 5 with Michael’s number 6, it is delivered
when the lift is delivered. I like that. I had penciled in 4 million dollars. I want this to succeed. I want
the whole town to benefit from this for 30 years. I think we owe it to the community to send it to a vote.
Councilman Myrin said 7.8 from the city managers memo and 11 million from the housing is a lot of
money. I can’t support the 11 on the housing side. On the 7.8, if we can buy a lift for that let’s buy a lift
and nothing more. Gorsuch seems like it is right where the staging was for the world cup races. It seems
like there were consequences threatened by the developer which were locating housing on site if there
wasn’t a contribution from the city. Maybe there is some advantage to that. I want to avoid what
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happened in Snowmass. I suggested the first day the property tax district to pay back anything that is
waived. Mayor Skadron said your general notion is the improvement district that would help fund the
city contributions. Councilman Myrin said it wouldn’t come in to effect until after any of this is built.
Councilman Frisch said over the 4.36 million dollars you want to revisit the housing discussion. Mr.
Brown said in respect to the employee housing it is false to say it is a waiver of fee if those employees are
not generated and it is subject to an audit. You are saying if the employees are not generated we still want
the money. Councilman Myrin said he thinks some of these deductions were designed for smaller
projects like the Mountain House Lodge or Chalet Lisel not for what is being considered here. Mr.
Brown said the employee generation review was not specific to a particular lodge. If you don’t like it is
unfair.
Mayor Skadron said he believes the city has already contributed above and beyond. Councilman Frisch
said he is open to have some type of discussion on Dean Street. He does not see the value of the
community throwing in millions of dollars for anything to do with the obligations the developer bought
on the skier chalet. I don’t buy there is no increased value to land. I appreciate the 30 year revenue
streams. I’m a little worried to start allowing these projections in a vacuum to be used as a common slide
to be used when we talk about benefits. My philosophy remains, that government money should be used
to stimulate things that the private sector is not going to take care of. I believe that this development
project is not going to hinge on the obligations that are there. My preference is to keep anything that has
to do with the historic society aspect off the table. On the housing stuff there were a lot of charts that
were explained a few weeks ago. We might have done a disservice to everyone when we put in those that
were going to be audited at a later date in the same category as those that were going to be completely
waived at the start. To back up Michael’s comment there are some fees that might be paid later only if
the employees are generated. Those were put in the same bucket as some other affordable housing asks
and I don’t think they belonged in the same bucket. There is a number that shows a minus and I think
Michael rightly pushed back. I think the number Bert is talking about is less than 19 but I appreciate he
wants all the affordable housing. With all the moving parts I prefer we take off the skier chalet
conversation and figure out if we need to have a Dean Street conversation. Michael asked about other
public infrastructure. Councilman Frisch said he would rather not put a dollar figure on the skier chalet.
Mr. Brown said a dollar amount is fine. It speaks to the viability of the project. We are seeking
something we are actually going to build. Councilman Frisch said you bought a project way back when
that did not have enough value to do right away. Part of the betterment for the community is the lift that
comes down and is great for you as well. I think there is money for you to pay for the project. I
appreciate there are benefits but there are benefits for everyone. Now we have the vote. I’m hoping it
passes. There are a lot of concerns about a lot of different areas. I think as we keep asking more from the
community we are losing support. Mayor Skadron said you are supporting option 4 with a contribution
towards Dean Street. Councilman Frisch said there is a maximum amount of money the city should put in
towards Dean Street and call it good.
Councilwoman Mullins said in opposition to the session before this where there was overwhelming
disagreement to what council was proposing I’ve only heard support for this project the way it is
presented. I think it is partly an obligation on the city to make it work. It is a complete package. If we on
council support this project for all the benefits that I think we will have in the future from it then we need
to put it in the best position to win the vote. Mr. Brown said if you are not in agreement on one of the two
options then we continue to a much later date and not discuss an ordinance. If there isn’t support we can’t
live with number four. We will have to come up with a different solution. Councilman Frisch asked are
you walking with anything less than Ann’s and Ward’s. Mr. Brown said if we can’t get to one of those
options we are going to have to think of something more creative that doesn’t include that ask. I don’t
know what that is right now. Mr. Clauson said the skier chalet building is not designated. It would be
possible for a developer to start a 90 day discussion to demolish that building. The museum and skier
services could be accommodated in a simple modern building for much less cost than the relocation pf the
skier chalet building. The two million contribution from the development partners plus a little more
money you could have something at the base of the lift that would function as a museum and skier
services but not the skier chalet. Mr. Brown said we will think through other options.
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Regular Meeting Aspen City Council December 10, 2018
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Councilman Hauenstein said when he wanted to see the delta between the FTEs made up he thinks that
could be done through a special taxing district. I hate to see those FTEs going away. The applicants have
the right by code for these adjustments. The code was written to encourage keys and rooms and that is
what they are delivering. To lose that housing is painful and by having a taxing district we can get those
rooms back not at the applicant’s expense.
Councilman Myrin said there is a conversation over a few million dollars. The question I asked at the last
meeting is the project not going to work without that and if that is the case what do we need to do to make
it successful. If is it 3 million or 19 million to make it successful I don’t want to put something on the
ballot that is going to deliver something that is not going to actually happen. I guess I have my doubts
that little bit is going to derail it. Ms. Garrow said there are a couple of options. We can continue to talk
and see if there is some number around the 4.36. My sense is if council is willing to participate in cost
sharing for Dean Street tied to the delivery of the lift or not it is still not quite going to make it with this
proposal. One thing that Stan has brought up that is really important for council to remember is the
ordinance that Lift One Lodge has vesting under does not designate the skier chalet lode. Designation
only happens after certificate of occupancy as the ski museum on Wiloughby park. It is not protected
right now. My sense is if this is continued to a later date that aspect of the project changes dramatically
and council can make a decision if you like that project better. Councilman Frisch said what is going to
come back is a bigger building to generate more revenue or lower expenses. Mr. Brown said maybe we
don’t come back. There has been so much time and effort and support for this.
Councilman Hauenstein said this feels like a poker game and I’m not a gambler. I keep feeling like we
are calling somebody’s bluff. For a project that has been in the works for a couple of years and the
community clearly supports, I feel that we have a budget of 120 million dollars and if we can’t find 4
million dollars to make this work and give it to the voters to decide. I think it is short sighted of this
council to not do what is necessary to make this work and get it to the voters to let them decide.
Councilwoman Mullins said that is well said. If there is hesitation about spending that much money. Our
decision will either be validated or not validated at the vote. I suspect from what I’ve heard there is
support for this project and the city to be partnering at this level. Councilman Myrin said he will
absolutely put this on the ballot. He may vote against the land use approval. Ms. Garrow said for the
referral for the ballot council will be asked to refer these ordinances. You will not be asked to vote on
them in a land use capacity. It is a straight referral and that is part of why we need additional time to
make sure the ballot language lines up with the ordinances. It is not going to be two votes. Councilman
Myrin asked why can’t we have this a land use approval and then go to the voters. Ms. Garrow said this
is a unique process. Mr. True said there are two ways to go about it. You could approve the ordinances
yourselves then refer them to the voters or just refer it directly to the voters. For various reasons the
attorneys for the projects and I agree the best way under this circumstance is to get the ordinance in a
position where the council is comfortable of referring the ordinances to the voters without a formal
adoption of those two ordinances. They do involve some of the litigation rules that do exist under the
rules of civil procedure. Councilman Myrin said by avoiding a vote is that something to avoid a
referendum. Mr. True said it doesn’t avoid a referendum but it could avoid a Rule 106 action.
Councilman Myrin asked why are we trying to avoid process or shortcut something. Mr. True replied we
are just trying to do something as efficient and effective as possible by giving to the voters a final
decision on an ordinance that you have gotten the most comfortable with.
Councilman Frisch asked about tying the payment to the lift. Mr. Brown said the suggestion was rather
than funding the museum just fund infrastructure and once we deliver the lift that money be paid back to
us at that number. There is significant public infrastructure that has gone in, will go in and needs to go in.
Dean Street, sewer, S. Aspen Street, Gilbert Street, park preparation to get it to that. In turn, we would
have an incentive to deliver the lift. Councilman Frisch said the 4.36 is an estimate. Ms. Garrow replied
it would be a fixed number in the way it is being proposed. Councilman Frisch said what he is hearing
Stan say is they could leave now and never come back or they might need to come up with a less
expensive building for the skier chalet replacement. Councilwoman Mullins asked if there would be a
number he could accept that is less than the 4.3. Councilman Frisch said he does not have a number. In
trying to balance what we would do here if this was where the buck were to stop versus what we were to
support going forward to allow the voters to have a crack at it.
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Regular Meeting Aspen City Council December 10, 2018
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Councilman Frisch said he will support option three just so we can stop this conversation. This will be
the ultimate referendum one question of let the voters decide. Mr. Barwick said the snow and ice melting
are to be determined and the funding related to it are to be determined. Ms. Garrow said on the 7th this
will be more discussion about the specific language in the ordinances. Snow melt is not a guarantee at
this point. The items related to Wiloughby park, there are some agreements between parks and the ski
company we need to work out. Those would come from the parks fund. That is consistent with the
original approval. Anything above turf grass is parks obligation. The ordinance will include cost sharing
for 4.36 million revenue source to be determined once the lift is delivered and operational. Mayor
Skadron said he wants to add a condition that it is fixed at 4.36 million dollars. Councilman Myrin added
that to change the amount in the future would require anther public vote.
Councilwoman Mullins moved to continue Ordinance #38, Series of 2018 to January 7, 2019; seconded
by Councilman Frisch. All in favor, motion carried.
Councilman Frisch moved to continue Ordinance #39, Series of 2016 to January, 2019; seconded by
Councilwoman Mullins. All in favor, motion carried.
Councilman Frisch moved to adjourn at 11:45 p.m.; seconded by Councilman Hauenstein. All in favor,
motion carried.
Linda Manning
City Clerk
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Page 1 of 4
Lift 1 Corridor Project
City Council, Second Reading, December 10, 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, January 7, 2019; 5pm
INTRODUCTION:
This is the fifth public hearing on the Lift One Corridor project, consisting of City Parks,
Lift One Lodge, and Gorsuch Haus, continued from the December 10th, 2018 Council
Meeting. This memo provides an overview of previous Council direction, as well as two
draft ordinances that include specific conditions of approval relating to the respective
developments. Within these ordinances, Council’s direction on specific topics has been
included with the draft language having been vetted by both applicant teams. While
Council may still want to provide clarifications and details relating to the projects, by and
large, the ordinances are in final form and at Council’s discretion could be voted on at
this hearing. Additionally, certain aspects of both projects require a public vote which is
initiated through a resolution by a majority Council vote. The City Attorney’s Office has
included a draft resolution that refers these ordinances to the public for this future vote.
Recommended language for the motion on the resolution and both ordinances is
provided at the conclusion of this memo.
PREVIOUS CITY COUNCIL HEARING:
At the December 10th, 2018 hearing the discussion acknowledged topics that gained
previous City Council support and gave focus to the topics of affordable housing, South
Aspen Street Winter Maintenance, project phasing, and City participation in the cost
sharing proposal. Specifically, the Applicant’s request for city participation in cost
sharing for the project elicited considerable discussion. This discussion resulted in a
majority of Council approval to contribute $4.36m to the project that will be delivered
upon the completion of a fully operational future Lift 1.
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Page 2 of 4
Lift 1 Corridor Project – Staff Memo
City Council, Continued Second Reading, January 7th, 2019
The following summarizes the City Council majority direction and overall approval on all
topics related to the Lift One Lodge and Gorsuch Haus development applications:
1) General Site Planning
§ Ski corridor alignment and future Lift 1 replacement at Dean Street
§ Conceptual Design for Willoughby Park
§ Multi-modal 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:
Skiers Chalet Lodge
Skiers Chalet Steakhouse
Historic Lift 1 bullwheel and gantry
2) Subdivision and Rezoning
§ Lot reconfiguration for Lift One Lodge and City Parks properties
§ Lot reconfiguration of Aspen Skiing Company properties
§ Rezoning of Gorsuch Haus, Lot 1 (Lodge)
§ Limitation on future residential development on Gorsuch Haus Lot 2
3) Uses on City Parks
§ Subgrade Parking
§ Commercial activity related to the Aspen Skiing Company and Ski
Museum
§ Lift and ski operations
4) Growth Management
§ Essential Public Facility – Aspen Historical Society Ski Museum
§ Special Review for Lodge Density – Gorsuch Haus
§ Employee Generation Review – Lift One Lodge and Gorsuch Haus
§ Future affordable housing auditing
§ 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
§ Heights and massing as proposed in both Lift One Lodge and Gorsuch
Haus
§ Reduced height of elevator overruns (Lift One Lodge)
6) Parking
§ Special Review for tandem and stacked parking for Lift One Lodge
spaces
7) Potential Snow melt system on S. Aspen Street
§ Further study of S. Aspen Street winter maintenance including
evaluation of a snowmelt system and triggers for possibly requiring its
installation
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Page 3 of 4
Lift 1 Corridor Project – Staff Memo
City Council, Continued Second Reading, January 7th, 2019
8) Project Phasing / Construction Management
§ Project Phasing and impact to the operation of Lift 1
9) Cost Sharing
§ $4.36m in City cost sharing participation deliverable upon the
completion of a fully operational future Lift 1 ski lift. To comply with the
Colorado Constitution limitations on multi-year financial obligations, the
funds must be appropriated and set aside in an irrevocable account in
2019. The City Attorney will be available for questions regarding this
requirement at the public hearing.
STAFF DISCUSSION:
Staff feels that Council has provided clear direction on the above topics which is
reflected in both the Gorsuch Haus ordinance and the Lift One Lodge ordinance.
Applicant teams have also been provided time to review draft ordinance language prior
to this hearing. Staff feels that the both ordinances are in a final form that can be voted
on by Council, however, the Applicant teams and Council may want to further clarify and
refine certain aspects.
Given the ballot submittal timeframe for voter referral, this public hearing is the final
opportunity to refine the language within these ordinances. If Council passes a motion
to refer the ordinances, Staff anticipates the public vote will occur on March 5th, 2019.
STAFF RECOMMENDATION:
Staff recommends that the City Council pass a motion to approve Resolution No. 2,
Series of 2019, referring to City of Aspen voters Ordinance No. 38, Series of 2018 (Lift
One Lodge) and Ordinance No. 39, Series of 2016 (Gorsuch Haus) for a public vote for
the Lift 1 Corridor Project.
RECOMMENDED MOTIONS:
“I move to approve Resolution No. 2, Series of 2019”
and
“I move to refer Ordinance No. 38, Series of 2018 for a public vote”
and
“I move to refer Ordinance No. 39, Series of 2019 for a public vote”
EXHIBITS
None.
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Page 4 of 4
Lift 1 Corridor Project – Staff Memo
City Council, Continued Second Reading, January 7th, 2019
**Note: the Exhibits and packet materials submitted previously to Council for the
projects remain unchanged and are available on the agendas for the meetings on
November 12 and 26, and December 3 and 10 meetings.
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RESOLUTION NO. 2
(Series of 2019)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
SUBMITTING TO THE ELECTORATE OF THE CITY OF ASPEN, AT THE
REGULAR MUNICIPAL ELECTION ON MARCH 5, 2019, A CERTAIN QUESTION
RELATING TO THE ADOPTION OF ORDINANCE NO. 39, SERIES OF 2016,
ORDINANCE NO. 38, SERIES OF 2018, THE REZONING OF A PORTION OF ASPEN
SKING COMPANY OWNED LAND AND THE EXCHANGE, ENCUMBRANCE, USE
OR CONVEYANCE OF PARTS OF CITY PROPERTIES COMMONLY KNOWN AS
WILLOUGHBY PARK AND LIFT ONE PARK AND OTHER ADJACENT CITY
PROPERTY FOR USE IN THE DEVELOPMENT AND IMPROVEMENT OF A
NEWLY CONFIGURED AND CONSTRUCTED SKI LIFT, THE RECONFIGURATION
OF THE PRIVATELY OWNED LOTS TO BE DEVELOPED IN ACCORDANCE WITH
SUCH ORDINANCE NO. 38, SERIES OF 2018, AND THE USE OF PARTS OF CITY
PROPERTY (INCLUDING A BUILDING TO BE RELOCATED TO CITY PROPERTY)
BY ASPEN SKIING COMPANY AND THE ASPEN HISTORICAL SOCIETY FOR SKI
WAY, SKI OPERATIONS SKI SERVICES, SKI PATROL AND A SKI MUSEUM.
WHEREAS, pursuant to Section 5.5 of the Home Rule Charter of the City, the City
Council, on its own motion, has the power to submit at a general or special election any
proposed ordinance or question to a vote of the people; and,
WHEREAS, pursuant to Section 13.4 of the Home Rule Charter of the City, the
City Council shall not sell, exchange or dispose of public building, utilities or real property
in use for public purposes, including real property acquired for open space purposes, without
first obtaining the approval of a majority of the electors voting thereon. Additionally, the
City Council shall not cause or permit the change in use of the real property acquired for
open space purposes, other than for recreational, agricultural or under-ground easement
purposes, without first obtaining the approval of a majority of the electors voting thereon.
Further, under such Section 13.4 of the Home Rule Charter, no real property acquired for
open space purposes shall be sold, exchanged, disposed of, or converted to other uses other
than for recreational, agricultural or underground easement purposes, unless such open
space is replaced with other open space property of equivalent or greater value as of the date
P19
II.
of sale or conversion as determined by the City Council by resolution following a public
hearing taking into consideration monetary, environmental, and aesthetic values; and,
WHEREAS, the Aspen City Council has reviewed proposed Ordinance No. 39,
Series of 2016, proposed Ordinance No. 38, Series of 2018 and the rezoning of a portion of
Aspen Skiing Company owned land from the Conservation (C) Zone District to the Lodge
(L) Zone District, the proposed exchange, encumbrance, use or conveyance of parts of
property commonly known as Willoughby Park and Lift One Park and other adjacent City
property for use in the development and improvement of a newly configured and
constructed ski lift, the enlargement of the privately owned Lots to be developed in
accordance with such Ordinance No. 38, Series of 2018, and the use of parts of City
property (including a building to be relocated to City property)by Aspen Skiing Company
and the Aspen Historical Society for ski way, ski operations, ski services, ski patrol and a ski
museum, as well as a financial contribution by the City for certain improvements, and has
determined that it is appropriate to submit all matters to the electorate for consideration.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1.
The following question shall be submitted to the registered electors of the City of
Aspen in the regular municipal election to be held on March 5, 2019:
SHALL THE CITY OF ASPEN APPROVE ORDINANCE NO. 39,
SERIES OF 2016, ORDINANCE NO. 38, SERIES OF 2018, THE
REZONING OF A PORTION OF ASPEN SKIING COMPANY
OWNED LAND FROM CONSERVATION (C) ZONE DISTRICT TO
THE LODGE (L) ZONE DISTRICT AND THE EXCHANGE,
ENCUMBRANCE, USE OR CONVEYANCE OF PARTS OF
PROPERTIES COMMONLY KNOWN AS WILLOUGHBY PARK
AND LIFT ONE PARK AND OTHER ADJACENT CITY
P20
II.
PROPERTY, FOR USE IN THE DEVELOPMENT AND
IMPROVEMENT OF A NEWLY CONFIGURED AND
CONSTRUCTED SKI LIFT, THE RECONFIGURATION OF THE
PRIVATELY OWNED LOTS TO BE DEVELOPED IN
ACCORDANCE WITH SUCH ORDINANCE NO. 38, SERIES OF
2018, AND THE USE OF PARTS OF CITY PROPERTY
(INCLUDING A BUILDING TO BE RELOCATED TO CITY
PROPERTY) BY ASPEN SKIING COMPANY AND THE ASPEN
HISTORICAL SOCIETY FOR SKI WAY, SKI OPERATIONS, SKI
SERVICES, SKI PATROL AND A SKI MUSEUM, ALL OF WHICH
APPROVALS WOULD COMBINE TO AUTHORIZE
DEVELOPMENT OF TWO PROJECTS COMMONLY KNOWN AS
THE GORSUCH HAUS PROJECT AND THE LIFT ONE LODGE
PROJECT, WHICH PROJECTS INCLUDE THE PROPOSED
REPLACEMENT AND RELOCATION OF THE LIFT 1A SKI LIFT
AND ASSOCIATED SKI OPERATIONS AT THE BASE OF ASPEN
MOUNTAIN, THE DEVELOPMENT OF A SKIWAY AND
ASSOCIATED SKI OPERATIONS, INFRASTRUCTURE AND
FACILITIES ALONG THE NEW LIFT CORRIDOR, AND OTHER
DEVELOPMENT ALONG THE NEW LIFT CORRIDOR TO
INCLUDE LODGE UNITS, TIMESHARE LODGE UNITS, FREE-
MARKET RESIDENTIAL UNITS, AFFORDABLE HOUSING
UNITS, AND COMMERCIAL NET LEASABLE AREA, A
RELOCATED LODGE BUILDING TO BE USED AS A SKI
MUSEUM AND SKIER SERVICES AND SKI PATROL USES, A
RELOCATED RESTAURANT BUILDING FOR COMMERCIAL
USE, AND PARKING FACILITIES AND THE CONTRIBUTION BY
THE CITY OF ASPEN OF A FIXED AMOUNT OF $4,360,000 IN
SUPPORT OF THE PUBLIC FACING ELEMENTS OF THE
PROJECT, INCLUDING IMPROVEMENTS TO DEAN STREET
AND THE RELOCATION AND REHABILITATION OF THE
SKIERS’ CHALET LODGE?
YES _____ NO _____
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen
on the day of , 2019.
________
Steven Skadron, Mayor
P21
II.
I, Linda Manning, duly appointed and acting City Clerk do certify that the foregoing
is a true and accurate copy of that resolution adopted by the City Council of the City of
Aspen, Colorado, at a meeting held on the day hereinabove stated.
__________
Linda Manning, City Clerk
P22
II.
Ordinance No. 38, Series of 2018
Lift One Lodge, Major Amendment
Page 1 of 57
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
(INCLUDING EXCHANGE OF CITY LAND AND VACATION OF PUBLIC RIGHT OF
WAY), 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 PLAT BOOK
102, PAGE 1, RECEPTION NO. 597438, CITY OF ASPEN, COUNTY OF PITKIN, STATE
OF COLORADO.
Parcel ID: 2735-131-01-001; 2735-131-01-002; 2735-131-01-800; 2735-131-01-801
WHEREAS, the City of Aspen 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 (including vacation of public right of way and a land exchange between
the Applicant and the City) - 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,
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II.
Ordinance No. 38, Series of 2018
Lift One Lodge, Major Amendment
Page 2 of 57
WHEREAS, the original approval of the Lift One Lodge Subdivision / PUD was granted
through Ordinance No. 28, Series of 2011; and,
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, for the purpose of this Ordinance, the following definitions apply:
Lift 1 Corridor – This includes the property covered by this ordinance and the
property related to the Gorsuch Haus project described in Ordinance #39, Series of
2016. While not subject to this Ordinance, the adjacent future park lands will
eventually become a necessary part of the ski way and ski operations.
Current Lift 1A – This term is used to describe the existing and functioning Lift
1A terminal and related skier services and ski patrol facilities.
Future Lift Terminal – this term is used to describe the new lift terminal that will
be located in Willoughby Park.
Historic Lift 1 – this term includes the historic gantry, bull wheel and three
remaining towers of the original Lift 1; 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 1 Corridor the proposed relocation
of a future lift terminal to Willoughby Park, and direction from Aspen City Council to pursue
changes to development to accommodate the proposed Lift 1 Corridor; 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 constitute a Major Amendment, which result in a new
period of vested rights; and,
WHEREAS, the Application for an Amendment to Lift One Lodge Subdivision/ PUD
proposes:
Resubdivision and reconfiguration of existing Lots 1, 2, 3, and 4 of the Lift One Lodge
Subdivision/PUD as new Lots 1, 2, and 3 of the Lift One Lodge Subdivision/PD (the Subject
Property)
P24
II.
Ordinance No. 38, Series of 2018
Lift One Lodge, Major Amendment
Page 3 of 57
On Lots 1 and 2 – Lift One Lodge
• 34 Timeshare Lodge Units, with 104 total Timeshare Lodge Keys
• Six (6) free-market residential units
• One (1), one-bedroom employee housing unit
• 16,125 square feet of commercial, net leasable area
• Relocated and restored Skiers’ Chalet Steakhouse, to include a restaurant/bar use
• 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 and snowmaking infrastructure
• 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 and associated uses, skier services,
ticketing, mountain operations functions and ski patrol
• Access to sub-grade parking garage
• Public parking spaces in sub-grade garage
• Dean Street Improvements
WHEREAS, the Application and the Lift 1 Corridor Study and preferred site plan
contemplates, and requires for functional ski and lift operations, skiing across, as well as snow
making onto and snow grooming throughout the Lift 1 Corridor; and,
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
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, with conditions (Resolution No. 16, Series of 2018)
by a vote of seven to zero (7-0); and,
P25
II.
Ordinance No. 38, Series of 2018
Lift One Lodge, Major Amendment
Page 4 of 57
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 a 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,
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 five to zero (5-0); and,
WHEREAS, on December 10, 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 January 7, 2019, by a vote of five to zero (5-0); and,
WHEREAS, pursuant to Section 5.5 of the Home Rule Charter of the City, the City
Council, on its own motion, has the power to submit at a general or special election any proposed
ordinance or question to a vote of the people; and,
P26
II.
Ordinance No. 38, Series of 2018
Lift One Lodge, Major Amendment
Page 5 of 57
WHEREAS, pursuant to Section 13.4 of the Home Rule Charter of the City, the City
Council shall not sell, exchange or dispose of public building, utilities or real property in use for
public purposes, including real property acquired for open space purposes, without first obtaining
the approval of a majority of the electors voting thereon. Additionally, the City Council shall not
cause or permit the change in use of the real property acquired for open space purposes, other than
for recreational, agricultural or under-ground easement purposes, without first obtaining the
approval of a majority of the electors voting thereon. Further, under such Section 13.4 of the Home
Rule Charter, no real property acquired for open space purposes shall be sold, exchanged, disposed
of, or converted to other uses other than for recreational, agricultural or underground easement
purposes, unless such open space is replaced with other open space property of equivalent or
greater value as of the date of sale or conversion as determined by the City Council by resolution
following a public hearing taking into consideration monetary, environmental, and aesthetic
values; and,
WHEREAS, at a continued public hearing on January 7, 2019, the City Council, by a ____
to ____ (_ – _) vote, adopted Resolution No. 2, Series of 2019 pursuant to Sections 5.5 and 13.4 of
the Home Rule Charter of the City, to refer this Ordinance (and proposed Ordinance No. 39, Series
of 2016 for the approval of the Gorsuch Haus Project) to a vote of the electors of the City to make
the findings stated herein and grant approval with conditions for a Major Amendment to a Planned
Development, Project Review, and related reviews for Subdivision, Exchange of City Land,
Rezoning, Growth Management Quota System, Commercial Design, Timeshare Development,
Transportation and Parking Management, Special Review, ESA – Mountain View Plane, and
Vested Rights, subject to the conditions of this Ordinance; and,
WHEREAS, the private land to be granted by the Applicant to the City and the public land
to be granted to the Applicant as described in the Application are of approximately the same land area
(with the land granted to the City being slight larger in land area), and the land to be granted to the
City by the Applicant has a value that is equivalent to or greater than the land to be obtained by the
Applicant from the City, taking into consideration monetary, environmental and aesthetic values;
and,
WHEREAS, City Council intends to refer the project to the Aspen voters for
consideration.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO THAT, AS DIRECTED BY THE VOTERS AS PROVIDED BELOW:
Section 1: General Approvals
A. Pursuant to the standards set forth in Title 26 of the Aspen Municipal Code and Sections 5.5
and 13.4 of the Home Rule Charter of the City of Aspen, the City, by a vote of its eligible
electors, approves 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 (including
vacation of public right-of-way and an exchange of City land), Rezoning, Growth Management
Quota System, Commercial Design, Timeshare Development, Transportation and Parking
P27
II.
Ordinance No. 38, Series of 2018
Lift One Lodge, Major Amendment
Page 6 of 57
Management, Special Review, ESA – Mountain View Plane, Certificate of Appropriateness
for major development, Conceptual Review, and Vested Rights.
B. The approvals granted above allow for the development of three lots containing a mixed-use
lodge development with 34 timeshare lodging units and 104 timeshare lodging keys, a total of
16,125 sq. ft. of net leasable space (and additional net leasable space within the relocated
Skiers’ Chalet Building as described below), one (1) affordable housing unit, and six (6) free
market residential units; public and private parking; a relocated historic Lift 1 and tower; a
new ski lift and ski way; skier services and ski patrol; a standalone commercial building; a
redeveloped public park and a ski museum, 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.
All previous approvals for the Lift One Lodge Subdivision/PUD, including without limitation
Ordinance 28, Series of 2011 and Planning & Zoning Commission Resolution No. 2, Series of
2016, remain in effect and are valid until the Amended Subdivision Plat and Development
Agreement approved by this Ordinance are recorded in the real estate records of the Pitkin County
Clerk and Recorder (the County Records). In addition, the existing vested property rights for the
Lift One Lodge Subdivision/PUD, as extended by Resolution No. 71, Series of 2018, shall remain
in effect until the Amended Subdivision Plat and Development Agreement approved by this
Ordinance are recorded in the County Records. Upon recordation in the County Records of the
Amended Subdivision Plat and Development Agreement approved by this Ordinance, Ordinance
28, Series of 2011 and the approvals granted thereby and in association therewith and the prior
Development Agreement recorded in the County Records on March 5, 2013 as Reception No.
597439 (as amended from time to time) shall all be superseded, replaced and released by this
Ordinance No. 38, Series of 2018, except to the extent any specific terms thereof are expressly
incorporated into this Ordinance.
Section 3: Vested Rights
A. The development approvals granted pursuant to this Ordinance will constitute a new site-specific
development plan and a vested property right pursuant to Land Use Code Section 26.308.010 and
C.R.S. § 24-68-101 et seq. attaching to and running with the Subject Property and will confer upon
the Applicant the right to undertake and complete the site-specific development plan and use of the
Subject Property under the terms and conditions of the site-specific development plan, including any
approved amendments thereto. However, any failure to abide by any of the terms and conditions
attendant to this approval that is not cured by the Applicant after written notice from the City, a
right to a public hearing in accordance with the applicable provisions of the Land Use Code, and
a reasonable opportunity to cure such failure will result in the forfeiture of said vested property
rights.
B. Due to the substantial nature of the changes proposed by the Application and approved by this
Ordinance, and that the Major Amendment approved by this Ordinance is in response to a directive
from the City Council to pursue a new placement of the Future Lift Terminal, a new period of
vesting is established for the Lift One Lodge Subdivision/PD. Pursuant to C.R.S. § 24-68-104(2),
it is appropriate that the new vested property rights for the Lift One Lodge Subdivision/PD will be
P28
II.
Ordinance No. 38, Series of 2018
Lift One Lodge, Major Amendment
Page 7 of 57
vested for a period exceeding three years in light of all relevant circumstances, including, but not
limited to, the need to wait until all required City-owned property is available for use in connection
with the development and operation of the Lift 1 Corridor project, the size of the development,
economic cycles, and market conditions. The Development Agreement to be entered into between
the City and the Applicant pursuant to the terms of this Ordinance will memorialize such extended
period of vested property rights pursuant to C.R.S. § 24-68-104(2).
C. The vesting period will commence on the effective date of the Development Order for the
Project issued by the City in accordance with Section 26.304.080 of the Land Use Code.
D. The vesting period will remain in effect for five years following the effective date of the use
rights conferred as part of the initial 40-year term of the Dolinsek License pursuant to Section 6.A.1
below of this Ordinance. However, the vesting period will not extend longer than the validity of
the Development Order issued for the Project pursuant to Section 26.304.080 of the Land Use
Code, as amended from time to time (which Section 26.304.080 currently provides that a
Development Order will not be valid for more than ten years). Nothing herein will be construed
as limiting the right of the Applicant to proceed with development of the Project prior to the
commencement of the initial 40-year term of the Dolinsek License, provided the Project has
received the required Detailed/Final Review approvals described in the Ordinance and complied
with the City’s permitting requirements.
Section 4: Subdivision and Rezoning
A. Contemporaneously with and effective upon the recording of an Amended Subdivision Plat,
the new Lots within the Lift One Lodge Subdivision/PD as reflected in the Amended
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)
B. The Official Zone District Map shall be amended to reflect the rezoning once the Amended
Subdivision Plat is recorded. Conveyance of title associated with new Lots 1-3, implementing
and documenting change of ownership between Lift One Lodge and the City, shall be
completed with the granting and recording of special warranty deeds conveying marketable
and insurable title immediately following the recordation of the Amended Subdivision Plat.
The City shall grant a special warranty deed to the Applicant for the applicable City-owned
property. The Applicant shall grant a special warranty deed to the City for the applicable
Applicant-owned property. The approved lot configuration for new Lots 1-3 is attached as
Exhibit A to this Ordinance.
Section 5: 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, Plat Book 101, Page 98 and
99, Reception number 597435, recorded on 03/05/2013; remain in effect and shall be shown on
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II.
Ordinance No. 38, Series of 2018
Lift One Lodge, Major Amendment
Page 8 of 57
the newly recorded plats associated with this approval. An Amended Street, Alley and Easement
Vacation Plat shall be recorded to reflect additional Gilbert Street right of way to be vacated.
Section 6: Licenses and Easements
A. The Lift 1 Corridor requires easements and licenses for skiing and ski operations for the benefit
of Aspen Skiing Company across new Lot 3, the adjoining Dolinsek property (the Dolinsek
Property) conveyed to the City pursuant and subject to the terms of the General Warranty Deed
recorded on November 17, 2014 as Reception No. 615449 of the County Records (the Dolinsek
Deed), and portions of new Lots 1 and 2. The following will be provided, in form and substance
reasonably acceptable to all parties, such that they concurrently enable functional operation of the
Lift 1 Corridor for skiing as well as lodging and residential uses.
1) The City will grant a 40-year, fee-free license, with a 40-year renewal option, to Aspen
Skiing Company to provide ski corridor and necessary ski operations and access across the
Dolinsek Property (the Dolinsek License). The Aspen Valley Land Trust holds a
Conservation Easement on the Dolinsek Property as recorded in the Pitkin County records
on 11/17/2004 at Reception No. 645448. The Dolinsek License will be subordinate to such
Conservation Easement; provided, however, the City will cause Aspen Valley Land Trust
to join as a consenting party to the Dolinsek License. The initial 40-year term of the use
rights granted in the Dolinsek License will commence on the date the City has the authority
to grant the Dolinsek License pursuant to the terms of the Dolinsek Deed. However, it is
anticipated that the Dolinsek License will be executed prior to the actual commencement
date of the term of the use rights as described in Section 6.D below. The City has received
confirmation from all necessary parties, including Aspen Valley Land Trust, that the
Dolinsek Property may be made available for the contemplated ski related activities, which
for these purposes specifically include skiing and related circulation, snowmaking, snow
storage, snow surface maintenance and grooming operations, subject only to completion
of the rights set out in Section 6.1 of the Conservation Easement held by the Aspen Valley
Land Trust.
2) The City will enter into a fee-free non-exclusive easement agreement with Aspen Skiing
Company to allow skiing and ski and lift related activities, equipment, improvements and
infrastructure, including, without limitation, subgrade snowmaking infrastructure as well
as above grade ski and lift related equipment, improvements and infrastructure to occur on,
over and below the surface of new Lot 3 (but not within or below the lid of the subgrade
garage and structures to be constructed as part of the Lift One Lodge Project except as
expressly provided in this Section 6.A.2). Lift One Lodge will be included as a party to
the above-described easement agreement to the extent required for the purposes of (i)
allowing snowmaking and ski lift, equipment, improvements, and infrastructure, as well as
operations, maintenance and replacement thereof on and below the surface of the portion
of Lot 3 above the lid of the Lift One Lodge subgrade structure and improvements, and (ii)
if required because there is not sufficient space above the lid of the subgrade structure,
allowing utility lines through agreed upon areas of the subgrade structure. The subgrade
structure will be designed and constructed to support the Future Lift Terminal. The
easement agreement will include easements from Lift One Lodge, as the owner of the
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Ordinance No. 38, Series of 2018
Lift One Lodge, Major Amendment
Page 9 of 57
subgrade structure, to Aspen Skiing Company for subsistence and sub-adjacent and lateral
support of the Future Lift Terminal and lift-related infrastructure to be identified from the
as-built construction by Aspen Skiing Company. The easement agreement will provide
that Aspen Skiing Company will own, exclusively control, and be responsible for
maintaining, repairing and replacing, at its sole cost and expense, all ski and lift related
equipment, improvements and infrastructure constructed on, over and below the surface of
new Lot 3 pursuant to such easement agreement.
3) Lift One Lodge will enter into a fee-free non-exclusive easement agreement with Aspen
Skiing Company to allow (a) service vehicle and pedestrian access to the ski and lift related
equipment, improvements and infrastructure located on Lot 3 via the access corridor across
from Juan Street to be constructed on new Lot 1 between the Skier’s Chalet Steakhouse
building and the Lift One Lodge west building; (b) if required to accommodate the
proposed new lift terminal location on new Lot 3, ski related equipment, improvements
and infrastructure in the area on the east side of the access corridor described in the
preceding clause (a), provided such installations will not interfere with the proposed
locations of the Skier’s Chalet Steakhouse building and west building of the Lift One
Lodge; (c) return skiing and snow maintenance and grooming (but not snowmaking
equipment or infrastructure) on the northwestern portion of new Lot 2 outside of the
building footprint for the east building of the Lift One Lodge Project; and (d) if required
based on the as-built condition of the skiing surface through the Lift 1 Corridor, return
skiing and snow maintenance and grooming (but not snowmaking equipment or
infrastructure) on other portions of new Lot 1 outside of the building footprints and related
site improvements such as retaining walls, patios, stairways, etc. The easement agreement
will provide that exercise of the easement rights by Aspen Skiing Company will not
materially impair the development and operation of the Lift One Lodge buildings. The
easement agreement will also provide that Aspen Skiing Company will own, exclusively
control, and be responsible for maintaining, repairing and replacing, at its sole cost and
expense, all ski and lift related equipment, improvements and infrastructure constructed
on, over and below the surface of new Lots 1 and/or 2 pursuant to such easement
agreement.
B. The subgrade parking garage and subgrade structures and improvements of the Project require
a three-dimensional perpetual, exclusive (subject to the provisions contained in Section 6.A.2
relating to Aspen Skiing Company) easement for extension of the garage and subgrade structures
and improvements under the surface of Lot 3. The City will enter into an easement agreement
with the Applicant to establish such perpetual exclusive easement rights in a manner sufficient in
form and substance to make the Lift One Lodge Project financeable in the commercial loan and
equity markets. Such easement agreement will provide that Lift One Lodge will own all garage
and subgrade structures and improvements constructed by Lift One Lodge pursuant to such
easement agreement and that Lift One Lodge will have the right to grant a security interest in such
easement and all such garage and subgrade structures and improvements to secure any loan made
for the Lift One Lodge Project, and the City will promptly confirm in writing such matters
concerning the easement as reasonably requested by Lift One Lodge from time to time.
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C. The City will grant to the Applicant for the benefit of new Lots 1 and 2, an easement over,
under, across and through all public rights-of-way and City-owned lands adjacent to the Project
for the purpose of allowing construction work and staging, crane swing, over-digging, shoring,
soil nails and other construction activities necessary or appropriate to undertake the construction
of the Project and to establish and maintain a safe working environment during such
construction. Provided, however, that no such easements will be granted by the City with respect
to the Dolinsek Property until the City is permitted to do so pursuant to the Dolinsek Deed, and no
such easements shall violate the terms and restriction of the Conservation Easement on the
Dolinsek Property held by the Aspen Valley Land Trust.
D. All license and easement agreements will be submitted for review with the application materials
for Detailed/Final Review approval and will be finalized as part of the Detailed/Final Review
approval. The existing Master Easement Agreement for the Project recorded in the County
Records on March 5, 2013 as Reception No. 597440 will either be amended or replaced in
connection with the creation of the easements described above.
E. All license and easement agreements entered into pursuant to the above provisions of this
Section 5 will contain commercially reasonable insurance and indemnity provisions, provided
however, the City will not provide an indemification to any party.
Section 7: Planned Development – Project Review
A. Within 15 days prior to the public election, the applicant shall submit an ‘Approved Plan Set,’
that includes the Conceptual floor plans, site plan, lot configuration, and elevations. Failure to
submit these plans shall not render the approvals in the Ordinance null and void.
B. Pursuant to Land Use Code Section 26.445.090(A), the applicant has one (1) year from Project
Review approval to submit the Detailed Review with Planning and Zoning Commission and
Final Review with the Historic Preservation Commission applications for this request. This
one-year period shall commence from the date of an election that provides voter approval.
Section 8: Project Dimensions
A. Approved Conceptual Site and Floor Plans, and Building Elevations are provided as Exhibit B.
B. A table describing project dimensions is provided as Exhibit C.
C. Maximum Heights for the Lift One Lodge East and West Buildings are established from
Interpolated Grade. A height over topography plan utilizing the approved Interpolated Grade is
provided in Exhibit B. While the maximum height for the West Building is 53.3 feet; and the East
Building at 47 feet, the building has multiple heights as established by the height over topography
plan. Height limitations for rooftop attachments and amenities, as described in the Land Use Code,
apply to any projections beyond these established, and multiple heights.
D. All dimensions for both the Lodge, Skier Chalet Steakhouse, and Park lots are established by
the Planned Development and are depicted in the Conceptual Site Plan and Dimensional Table
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(Exhibits B and C). Any changes to these dimensions (excepting maximum height) to meet
technical requirements are subject to review by P&Z and/or HPC during detail/final review.
Section 9: Project Uses
A. The following uses are approved on Lot 1 via the Planned Development and subsequently
described in more detail:
1) All Permitted Uses allowed by right in the Lodge (L) Zone District, including without
limitation a Timeshare Lodge in accordance with Chapter 26.590, Timeshare, of the Land
Use Code.
2) Retail and Restaurant Uses – to include restaurants, bar and retail uses in the Lift One
Lodge West Building and Skiers’ Chalet Steakhouse.
3) Subgrade parking garage and related uses
4) Accessory Uses
B. The following uses are approved on Lot 2 via the Planned Development:
1) All Permitted Uses allowed by right in the Lodge (L) Zone District
2) Subgrade parking garage and related uses
3) Accessory Uses
C. The following uses are approved on Lot 3 via the Planned Development and subsequently
described in more detail:
1) Ski base activity, including, but not limited to: lift and ski operations, including, without
limitation, snow making, grooming, construction and maintenance, recreation activities,
skier services, ticketing, mountain operations, ski patrol, and special events.
2) Ski Museum, and accessory uses associated with the museum’s operation, that may be
commercial in nature including but not limited to accessory retail and restaurant use, live
programs, special events, staging for installation of exhibits, rental of the facility for special
events, and exhibits, programs and events adjacent to the exterior of the Skiers’ Chalet
Lodge
3) Subgrade parking garage and related uses, including an access point from Dean Street.
4) Accessory Uses and Structures.
Section 10: Skier Chalet Lodge - Ski Museum and guest services
A. As designed, the relocated Skiers’ Chalet Lodge will contain a ski museum and related
programming operated by the Aspen Historical Society (AHS). Additionally, the building and
related structures will house skier services and ski patrol facilities operated by Aspen Skiing
Company (ASC) in approximately 2,500 square feet of functional space in no more than two
contiguous locations and levels.
B. Lift One Lodge is responsible for the relocation and rehabilitation of the Skier’s Chalet Lodge
and shall turn over the building in “white box” condition, ready for interior improvements and
finishes to be completed by AHS and ASC. The “white box” condition delivery obligation of Lift
One Lodge shall include the following elements/scopes of work: relocation of the Skiers’ Chalet
Lodge to the new approved location on Lot 3; a newly constructed subgrade area with an
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unfinished floor to ceiling height of at least fourteen (14) feet and a minimum gross floor area of
at least 3,800 square feet measured in accordance with the Land Use Code; rehabilitation of the
building structure and shell and all exterior building elements and weather enclosure systems
(including windows and roof); completion of all exterior grading/drainage; utility service lines
stubbed to the building; operational mechanical heating system, interior structural walls completed
with exposed studs ready for rough electrical and plumbing and drywall; and unfinished structural
interior floors and ceilings, and any other improvements necessary to meet minimum Building
Code requirements. The City shall issue a Letter of Completion once Lift One Lodge has delivered
the relocated and rehabilitated Skiers’ Chalet Lodge in “white box” condition as provided above.
C. Upon issuance of a Letter of Completion for the building as described above, Lift One Lodge
will have satisfied its obligations with respect to the Skier’s Chalet Lodge. Lift One Lodge shall
have no responsibility for any further construction, rehabilitation, furnishing, repair, maintenance,
operation, or replacement as to the relocated Skier’s Chalet Lodge. The City shall be responsible,
in coordination with AHS and ASC., for demising the building between AHS and ASC. and
memorializing their respective use and ownership rights in the building through whatever legal
structure and terms on which the City, AHS and ASC may reasonably agree; provided that neither
AHS nor ASC shall have any responsibility for paying rent to the other or to the City. The City
shall also be responsible for terminating or modifying the existing lease between the City and AHS
and the Aspen Valley Ski Club dated as of December 1, 1995. Lift One Lodge shall have no
responsibility for addressing any such issues between the City, AHS and ASC. with respect to the
use and ownership of the relocated and rehabilitated Skier’s Chalet Lodge.
D. Upon issuance of a Letter of Completion for the building, the building will then be conveyed
to the Aspen Historical Society and Aspen Skiing Company. An updated long-term lease among
the City of Aspen, Aspen Historical Society and Aspen Skiing Company regarding the underlying
property will establish the relationship between the building and the City Park as well as terms
related to determining a value for the building if a future sale were to occur. The city retains a right
of first refusal to purchase the building. A Condominium Map as well as Declarations outlining
the rights and responsibilities of all parties, including the terms and conditions of any rights of first
refusal between the parties, shall be required prior to the Certificate of Occupancy for the Aspen
Historical Society and Aspen Skiing Company spaces.
E. Upon recording of the Amended Subdivision Plat and Development Agreement for the Project
in the County Records, the Skier’s Chalet Lodge shall be designated to the Aspen Inventory of
Historic Landmark Sites and Structures list, as an AspenModern building.
F. In the sub-grade space adjacent to the Skier’s Chalet Lodge, Lift One Lodge is responsible for
the provision of a public locker room. No less than 40 day lockers; 50 seasonal lockers; and 40
shoe cubbies shall be provided in a space no less than 900 square feet.
G. Lift One Lodge is responsible for the safe relocation and placement of the Skiers’ Chalet pool
house to its proposed location in Willoughby Park. Lift One Lodge will have no obligations for
maintenance and upkeep thereafter. City of Aspen Parks Department is responsible for further
improvements to the pool house building towards its proposed use as public restrooms.
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Section 11: Historic Lift 1 Structures
A. Lift One Lodge shall be responsible for the removal, storage, restoration, and reinstallation of
the historic Lift 1 structures.
B. The historic lift bull wheel and first tower will be relocated as depicted in the site plan approved
by this Ordinance.
C. The two remaining towers, in coordination with Aspen Skiing Company, are approved for
relocation to a site or sites (to be determined) on Aspen Mountain, that provides interpretation
of the original lift alignment and does not interfere with ski operations as determined by Aspen
Skiing Company. This provision is subject to any necessary approvals from Pitkin County or
the United States Forest Service required for relocation. ASC shall confer with the City of
Aspen Historic Preservation Commission as to final relocation of the two remaining towers
prior to application for approvals to Pitkin County and/or the United States Forest Service.
D. The restoration and relocation of these resources on Lot 3 shall be subject to final approval by
the Historic Preservation Commission and defined in the Development Agreement between
the City and Lift One Lodge. However, Lift One Lodge shall not be delayed or denied in
receiving any required permits or approvals for its Project due to any delay or lack of agreement
among the City, ASC, Pitkin County and/or the United States Forest Service regarding the
placement of the two remaining historic lift towers pursuant to Section 10.C above.
E. Following the restoration and relocation of the historic Lift 1 structures as described above,
the City Parks Department and Historic Preservation Officer will confirm in writing that the
relocation obligation has been satisfied. Thereafter, Lift One Lodge will have no further
responsibility for the upkeep, maintenance, repair or restoration of the historic Lift 1 structures.
Section 12: Willoughby and Lift One Parks
A. Prior to issuance of a Certificate of Occupancy for either of the Lift One Lodge buildings, Lift
One Lodge is responsible in the City park areas in Lot 3 to complete final grading and apply top
soil that meets Parks Department standards and is compatible with the subgrade structure.
B. Improvements to the City Park including hardscaping and landscaping related to the Dean Street
Plaza, stair to ski level, “pool house restroom”, etc., are the responsibility of the City of Aspen
Parks and Open Space Department.
C. A maintenance agreement between the City of Aspen and the Aspen Skiing Company shall be
implemented to define responsibilities for maintenance and management of the City Park,
particularly during the winter months. This agreement shall be undertaken within 180 days of
Final Planned Development approval, as outlined in Section 21. Lift One Lodge shall have no
responsibility with respect to such maintenance agreement. Life One Lodge shall not be delayed
or denied in receiving any required permits or approvals for its Project due to any delay or lack of
agreement among the City of Aspen and the Aspen Skiing Company in entering into such
maintenance agreement.
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Section 13: Growth Management - Allotments
The original 2011 approval and 2016 amendment recognized a combination of credits and the
granting of the following growth management allotments: 84 lodging keys equaling 168 lodge
pillows, 18,413 sq. ft. of commercial net leasable area, 5 free market units, and 8 affordable
housing. With changes to the project, the Applicant are granted the following additional allotments
from the 2018 allotments:
• 20 lodging keys = 40 lodging pillows.
• One (1) free-market residential unit.
The total number allotments associated with this project equals:
• 104 lodging keys =208 lodging pillows
• Six (6) free-market residential units
• 16,125 square feet commercial net leasable area for Lift One Lodge commercial space, and
up to 2,800 square feet for Aspen Skiing Company commercial space.
• One (1) affordable housing unit
A confirmation of the actual commercial net leasable allotment will be determined by the Zoning
Officer at building permit to accommodate any changes necessary for reason of a technical nature,
or compliance with the Land Use Code.
Section 14: Affordable Housing
The following mitigation requirements are based on the Land Use Code in effect at the time of
application, September 4, 2018. The calculations are based on conceptual level depictions of the
uses, particularly the commercial space. See calculations of estimated affordable housing
mitigation attached as Exhibit D to the Ordinance. Updated calculations will be conducted at final
review and confirmed at building permit.
A. Lift One Lodge
Lodge Use 17.72 FTEs
Free Market Residential Use 13.68 FTEs
Commercial Use West Building –21.8 FTE
Sub Total 53.3 FTE, Category 4
Total Required Mitigation w/
Employee Generation Review 39.52 FTE, Category 4
Employee Generation Review, Initial mitigation reduction
i. 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. This recognizes an efficiency of service between the free-market and
the lodge components of the project. A reduction of 13.68 FTEs is permitted; however,
this reduction requires an audit, two (2) years after issuance of Certificate of Occupancy,
to evaluate actual employee generation. If the free-market component is shown to generate
FTEs greater than those supplied by the lodging component, mitigation shall be required
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commensurate with the employees generated by the free-market component up to an
additional 13.68 FTEs (estimate) as calculated in accordance with the Land Use Code in
effect at the time the Application was submitted by the Applicant.
ii. APCHA shall request the audit from Lift One Lodge. Failure to request the audit shall not
render any of the approvals invalid. Lift One Lodge shall provide the Housing Authority
and the Community Development Department with the audit report. The Housing
Authority and Community Development Department shall forward the audit to the Housing
Board for a recommendation and City Council will make the final decision of whether
additional mitigation is required based on such audit. Any reasonable costs for the audit
shall be paid by Lift One Lodge.
B. Skiers’ Chalet Steakhouse. The Skiers’ Chalet Steakhouse is estimated to generate 6.1 FTEs.
Category 4. Updated calculations will be conducted at final review and confirmed at building
permit.
C. Aspen Skiing Company_- Skier services
The area in and adjacent to the Skiers’ Chalet Lodge to be utilized by Aspen Skiing Company for
skier services, lift operations, and ski patrol, is considered Commercial Net Leasable Area. This
area as depicted in the conceptual approval is approximately 2,500 sf. A credit for the existing
facilities is applied. Existing skier services and ski patrol net leasable is estimated to be 2,340 sf.
The remaining balance of the new skier services and ski patrol area is estimated to be 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. Updated calculations for the existing and
proposed ASC facilities will be conducted at final review and confirmed by the Zoning Officer at
building permit. The City shall look solely to ASC for such required mitigation and shall not
withhold or delay any approvals, permits, or Certificate of Occupancy for the Lift One Lodge
elements of the Project based on any failure or delay in ASC’s satisfaction of such required
mitigation.
D. 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 (5) and ten (10) year intervals from the issuance of a Certificate of
Occupancy. The audit shall be limited to employee generation related specifically to the Ski
Museum and related functions and will not include regular AHS operations. A baseline to establish
any AHS employee generation at the ski museum will be completed during detailed review.
APCHA shall request the audit from the Aspen Historical Society (AHS). Failure to request the
audit shall not render any of the approvals invalid. AHS shall provide the Housing Authority and
the Community Development Department with the audit report. for a recommendation and City
Council will make the final decision of whether additional mitigation is required based on such
audit. The Housing Authority and Community Development Department shall forward the audit
to the Housing Board and/or City Council for review, as applicable. Any reasonable costs for the
audit shall be paid by AHS. The City shall look solely to AHS for such required mitigation and
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shall not withhold or delay any approvals, permits, or Certificate of Occupancy for the Lift One
Lodge elements of the Project based on any failure or delay in AHS’s satisfaction of such required
mitigation.
E. Method of Mitigation
In addition to the provision of one on-site affordable housing unit, mitigation may be satisfied
utilizing on-site units, off-site units, “buy-down” units, or City of Aspen Affordable Housing
Credits, or cash in lieu. Off-site units may be provided at locations within the Aspen Urban Growth
Boundary (even if outside of the City’s municipal boundary).
F. Timing of Mitigation
Required Affordable Housing mitigation for the development on Lots 1 and 2 shall be satisfied
prior to issuance of a Certificate of Occupancy for the Lift One Lodge buildings. Any cash in lieu
amount shall be calculated at the time of payment.
Section 15: Employee Housing Unit
The project as approved includes one (1), one-bedroom employee housing unit. This provides
1.75 FTE of required mitigation to be credited toward the mitigation required for the Lift One
Lodge project on Lots 1 and 2 (and not any mitigation required by AHS or ASC as provided
above).
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 of the hotel.
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 unit; 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 the unit, as defined in the APCHA Guidelines.
E. The unit 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 the employee housing unit.
G. The affordable housing unit shall be assigned one parking space in the underground garage,
and it shall not be a stacked or tandem space.
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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) The Applicant shall be entitled to choose the first purchaser as long as such buyer is
otherwise qualified in accordance with APCHA requirements and thereafter the unit
will be sold through the lottery system.
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, if
required by APCHA.
Section 16: Timeshare Lodge Requirements
A. A minimum of six (6) estates are created per lodge unit, subject to section 26.590.050,
Timeshare review standards. The project may have a range of estates per unit and more than
one use plan. 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. A Timeshare Use and Management Plan, including the
specific number of estates per unit, shall be reviewed by the Planning and Zoning Commission
at Detailed Review. Future amendments to the number of estates per unit described in the
timeshare use plan may processed for review and approval under Section 26.590.040.A,
Procedure for Review, or under the equivalent provision in the land use code in effect at the
time of review.
B. Periodic audits, pursuant to Section 26.575.210, Lodge occupancy auditing, of the Land Use
Code may be conducted.
Section 17: Parking and Transportation
A. Fifty (50) public parking spaces shall be provided by the project in a sub-grade garage, one of
which shall be available for use by the Aspen Historical Society for its general operations.
Seventy-six (76) spaces shall be provided to meet 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 tandem/stacked spaces are only accessed by
valet service.
C. A Parking Management Plan that defines the process for establishing any 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.
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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-Detailed Review and shall include a monitoring plan.
Section 18: Dean and Gilbert Street Improvements
A. Improvements to Dean Street are approved and the conceptual design is depicted in Exhibit B
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.
B. The creation of a cul-de-sac at the terminus to Gilbert Street is conceptually approved and the
conceptual design is depicted in Exhibit B to this Ordinance. The final design of the cul-de-
sac, access to Gilbert, and long-term maintenance and safety improvements, including
potential use of signage and/or bollards will be evaluated by the Engineering Department and
Fire Department and a recommendation made to the Planning and Zoning Commission at
Detailed review.
Section 19: Planned Development – Detailed Review
In addition to the general documents required as part of a Planned Development – Detailed Review,
the following items shall be required as part of the Application’s Planned Development – Detailed
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.
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.
G. Proposed final engineered design for Gilbert Street.
H. Draft Ski Operations Plan
I. A Timeshare Use and Management Plan – as well as other requirements specified in
26.590.060
Section 20: Certificate of Appropriateness for Major Development, Final Review
Within one year of approval of this ordinance, the Applicant shall submit an application for Final
Review with the Historic Preservation Commission (HPC). HPC provided recommendation of
approval of Conceptual Review in Resolution #16, Series of 2018, subject to conditions.
Section 21: Subdivision/PD Plat and Agreements
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 – Detailed
Review approvals by the Planning & Zoning Commission and Final Review for a Certificate of
Appropriateness for a major development by the Historic Preservation Commission, whichever is
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later. 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. Mud flow and Storm Water Mitigation Plans
4. Historic Preservation Plan
5. Public Amenity Plans.
6. Public Infrastructure Plan.
7. Final Transportation Impact Analysis (TIA), including a monitoring plan.
8. Amended Subdivision Plat.
9. Amended Street, Alley and Easement Vacation Plat
B. In accordance with Section 26.490.050, Development Agreements, Development
Agreements shall be entered into with the City. At a minimum the development agreements
shall include:
1. A proposed, preliminary construction staging and sequencing plan that includes
coordination with Gorsuch Haus, Aspen Skiing Company and the Parks Department,
including, without limitation, potential construction timing and milestones as well as
clear scope of work delineation among all of the parties with regard to site and civil
construction, finish grading and landscaping.
a. Such construction staging and sequencing plan shall provide that ASC will
install the new lift, including the Future Lift Terminal and towers, no later than
as promptly as it reasonably and safely is able to following completion of the
garage, subgrade structures and foundation, vertical construction and
enclosing of the Gorsuch Haus and Lift One Lodge buildings.
2. A construction agreement that includes coordination with Aspen Historical Society
and Aspen Skiing Company regarding the relocation and rehabilitation of the Skiers
Chalet to “white box” condition, including, without limitation, design and timing,
3. Easements or long-term irrevocable licenses to provide for ski operations to operate
on the lots associated with the ski corridor as more fully described above
4. In accordance with Section 26.490.060, Financial and Site Protection Requirements,
the applicant shall provide a site protection guarantee (subsection B) and a site
enhancement guarantee (subsection C).
5. 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:
• Landscape Guarantee
• Public Facilities and Public Infrastructure Guarantee
• Storm Water and Drainage Improvements Guarantee.
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6. In accordance with Section 26.490.060.A, Proof of Financing, before the issuance
of a building permit for the development of any component of the Project, and as a
condition of such approval, the owner shall provide to the City Building
Department and City Attorney for review and approval, reasonably satisfactory
evidence that the owner has in place sufficient financing to accomplish and
complete the construction of the development of the Project covered by the building
permit and any public improvements identified within an improvements agreement
and required under this Ordinance; provided, if there is no loan with respect to
development of the Project, then the owner shall provide a letter from a financial
institution stating that the owner has funds available in an amount that covers the
reasonably estimated cost of construction for the development. Such financing may
include without limitation, a construction loan commitment from an institutional
lender or lenders and/or commitments for equity capital investments and/or
contributions from owner or third-party investors or contributors. In addition,
before issuance of a building permit for the Project, the owner shall provide
supporting cost estimates for all improvements covered by the requested building
permit prepared by owner’s general contractor for review and approval by the City
Building Department. Nothing in the proceeding provision is intended to obligate
Lift One Lodge to provide any proof of financing for work to be performed by
others (such as the City, AHS or ASC.)
C. Timeshare documents, in accordance with the obligations below, shall be required. The
timeshare documents and condominium map referenced 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 ASC.
1.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.
D. 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 including the Skiers Chalet Lodge building, and
above and below grade stories.
E. Other Necessary Approval Documents – specific to this approval
1. License and Easement Agreements – necessary agreements outlined in Section 5, shall
be submitted for review and approval.
2. Other Agreements as necessary – between the stakeholders to the project including:
The City of Aspen, Aspen Historical Society, Aspen Skiing Company, Lift One
Lodge, and Gorsuch Haus.
3. An updated lease agreement between the City of Aspen, Aspen Historical Society and
Aspen Skiing Company for the City Park and Skiers’ Chalet Lodge Building.
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4. Condominiumization Map identifying division of ownership of Skiers’ Chalet Lodge
Building between Aspen Historical Society and Aspen Skiing Company. (prior to
Certificate of Occupancy)
5. Condominium Declarations for the Skiers’ Chalet Lodge which shall be
condominiumized and conveyed to the Aspen Historical Society and Aspen Skiing
Company. (prior to Certificate of Occupancy)
Notwithstanding the foregoing, the documentation listed as items 3 through 5 above
are acknowledged by the City not to be the responsibility of Lift One Lodge. Lift One
Lodge will not be delayed in applying for or receiving any permits, approvals or
Certificates of Occupancy for the Lift One Lodge elements of the project based on any
failure or delay by the City, Aspen Historical Society or Aspen Skiing Company in
producing such documentation
Section 22: 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 23: 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.
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.
A. 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. A draft mudflow analysis for the Lift One Lodge Project and
Gorsuch Haus Project was submitted to the City with the Application for Project Review based
on pending mudflow regulations that are anticipated to be in effect prior to submission of the
building permit applications for the Project. This draft mudflow analysis was prepared by
Tetra Tech and dated November 7, 2018. The City hereby accepts the criteria and findings
described in such draft mudflow analysis on a conceptual basis.
B. Sidewalk/Curb/Gutter: All sidewalk curb and gutter shall meet the Engineering Standards of
City of Aspen Municipal Code Title 21.
C. Excavation Stabilization: Due to the scale of excavation and proximity of excavation to
neighboring properties, an excavation stabilization plan shall be submitted to the Engineering
Department at building permit submittal. Soil stabilization shall be located within the property
boundaries or follow section 21.12.140 of the Municipal Code.
D. Ground Stability Monitoring: In order to ensure that development of the Project does not
exacerbate naturally occurring ground movement, an inclinometer shall be installed and
maintained with bi-annual readings taken through the time of issuance of a Certificate of
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Occupancy. The building permit application shall include a report on the initial readings and a
subsequent report is required prior to issuance of a Certificate of Occupancy.
E. CMP: The Construction Management Plan shall describe mitigation for parking,
staging/encroachments, mechanisms for construction noise abatement, and truck traffic.
Section 24: Fire Mitigation
A. 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). Similarly, all
Tramway Board codes and/or regulatory requirements applicable to the Lift One Lodge
Planned Development shall be met.
B. The subgrade garage shall have adequate fire access. This shall be reviewed and approved by
the Fire Marshall.
Section 25: Parks Department
A. 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. Any
plantings on the roof shall not qualify as mitigation. The applicant shall explore potential sites
around the property to allow planting and full maturation of trees outside of the ski corridor
and considering its contemplated uses. This shall be included as part of the PD Detail Review.
B. 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 26: Aspen Consolidated Sanitation District Requirements
A. 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 27: Environmental Health Department
A. 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. 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
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provided. Special Review approval from the Environmental Health Department to satisfy
dimensional requirements may be required.
C. The City and the Applicant understand and acknowledge that functional operation of the Lift
1 Corridor requires that ASC undertake certain maintenance and operational activities,
including snow making, snow grooming, lift maintenance, load in and load out for special
events and mountain operations, outside of operational hours, including during early morning,
evening and night time hours throughout the Lift 1 Corridor.
Section 28: 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 29: Outdoor Lighting and Signage
All outdoor lighting and all signage shall meet the requirements of the Aspen Municipal Code.
Section 30: Building Department
The Applicant shall meet all applicable building and accessibility codes in place at the time of
building permit submission. The elevators are required to meet IBC accessibility
requirements. The affordable housing unit shall be provided with an ADA compliant circulation
path within the site that connects the units to the parking and the public right of way.
Section 31: 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. Any required modifications that have significant impacts to height, mass
or scale, site planning, or historic elements will be reviewed during Detailed Review with Planning
and Zoning Commission or Final Review with HPC and may require an Amendment to the Planned
Development Project Review.
Section 32: Cost Sharing
A. The City agrees to contribute a fixed amount of $4,360,000 to the Applicant for the Lift One
Lodge in support of the public facing elements of the Project, including without limitation
improvements to Dean Street and the relocation and rehabilitation of the Skier’s Chalet
Lodge. Such contribution shall be subject to appropriation by the City Council and funded as
described below.
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1. Conditioned upon the approval of this Ordinance, such funds shall be appropriated and
irrevocably pledged with presently available cash reserves toward future payment of the
cost sharing obligation set forth in this Section 32.A. These appropriated reserve funds
shall be held in an interest-bearing escrow account for the benefit of the Applicant in all
future fiscal years until either (a) release of these funds to Lift One Lodge upon completion
of the new ski lift by ASC, such that the new ski lift is in working condition, or (b)
expiration of the City’s cost-sharing obligation pursuant to the terms of this Ordinance by
virtue of the Development Order expiring without the Project having proceeded. The
escrow agent will be a bank with an office in the City or another financial institution
reasonably acceptable to the City and the Applicant. Any interest earned on the funds
while in escrow shall be remitted to the City. The terms of the escrow consistent with this
paragraph shall be more specifically described in an escrow agreement between the City
and the Applicant.
2. The City contribution amount is fixed by the approval of this Ordinance. Any future
proposal to increase this amount will require approval by a majority of the voters of the
City who participate in an election thereon.
3. This contribution to the Project by the City is not being offered for the commercial elements
of the Project and is instead to help fund certain Project elements that will inure to the
benefit of the public. Such contribution by the City shall not be construed to imply or mean
that the Lift One Lodge Project does not satisfy the requirements of development specified
by this Ordinance or the Land Use Code.
4. This cost sharing contribution will be recognized and may be further defined within the
Development Agreement between the City and Lift One Lodge.
B. At the time of demolition of Aspen Skiing Company’s existing Lift 1A ski operations space
(consisting of approximately 2,500 square feet of ticketing, ski patrol and restroom facilities
space), Gorsuch Haus shall contribute $1,000,000 toward the relocation, rehabilitation and
repurposing of the ski operations related elements of the Skier’s Chalet Building. Such funds shall
be held in escrow and released to Lift One Lodge upon its delivery of the relocated and
rehabilitated Skier’s Chalet Building in a “white box condition” as provided in this Ordinance No,
38, Series of 2018. If the delivery of the relocated and rehabilitated Skier’s Chalet Building in
“white box condition” takes place prior to the demolition of the existing Aspen Skiing Company
Lift 1A ski operations space, then Gorsuch Haus shall deliver the $1,000,000 contribution directly
to Lift One Lodge at time of delivery.
Section 33: South Aspen Street Winter Maintenance
The City of Aspen has considered the potential traffic impacts to South Aspen Street from the
approved Gorsuch Haus Development and Lift One Lodge Development (Applicants), including
the ability for South Aspen Street, as it exists, to provide safe, unobstructed access. Due to its
steep grade, narrow width, and north facing aspect, requiring South Aspen Street to be improved
with a snowmelt system has been considered in relation to the subject applications. At the time of
this approval, the City of Aspen defers requiring the Applicant to install a snowmelt system. The
purpose of this deferment, is to engage in a process to evaluate the efficacy of requiring the
Applicants to install a South Aspen Street snowmelt system. At the conclusion of this process, the
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City of Aspen may require installation. The following timeframes, service/maintenance
adjustments, and triggers shall be used to evaluate the potential installation of a snowmelt system:
Year 1 - from date of Final approval:
A. The Applicant shall complete a traffic study that provides a baseline evaluation of existing
traffic volumes associated with the existing land uses located along South Aspen Street.
The traffic study shall also include an evaluation of future traffic impacts as a result of the
Gorsuch Haus development, the Lift One Lodge Development, and new location of Lift
1A near Dean Street. This evaluation of future traffic impacts shall consider the width,
grade, and winter conditions of South Aspen Street and consider types personal and
commercial vehicles that will access the future lodges. Once complete, this study shall be
submitted to the Community Development Director for evaluation.
B. The City shall evaluate the general impacts and potential effectiveness of alternative
product applications that could provide increased traction on South Aspen Street such as
salt-based de-icers, use of Magnesium Chloride or other similar product, increase
application of sand or other similar material, or some combination of these alternatives.
The City shall also evaluate the potential of resurfacing South Aspen Street with a traction
base material. These evaluations shall include referral comments from the Environmental
Health Department for environmental impact consideration and the Engineering
Department. Included in this evaluation will be a water quality monitoring program (in
coordination with the City Engineering Department subject to generally accepted
engineering standards) to establish a baseline water quality level and measurement of
impacts of implemented alternative maintenance strategies (including any salt-based de-
icers and increased sanding impacts). Once complete, the evaluation shall be released to
the Applicant and the Gorsuch Haus Project applicant.
Year 2 – from date of Final approval:
C. The City of Aspen shall identify current snowmelt system technologies and evaluate the
financial and environmental costs of installation, maintenance, and operation of such a
system. The City of Aspen shall also explore renewable energy alternatives associated
with this potential installation. Due to the unknown timeframe for completion of the
Gorsuch Haus and Lift One Lodge developments and the potential for future improvement
in snowmelt technologies, the City of Aspen may choose to further evaluate snowmelt
technologies past this established timeframe.
Within 1 year of the completion of the Gorsuch Haus and the Lift One Lodge:
D. Post development of the Gorsuch Haus and the Lift One Lodge, actual traffic impact to
South Aspen Street shall be evaluated by the Applicants. This evaluation shall include a
traffic study that details average and peak traffic volume counts and details the use of South
Aspen Street in relation to the types of personal and commercial vehicles that are used in
both summer and winter conditions. Once complete, this study shall be submitted to the
Community Development Director for evaluation. This traffic study shall be considered
in tandem with the baseline traffic study that was required in subsection A above.
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E. The City of Aspen shall engage in alternative snow plowing, snow storage, and snow
removal techniques that are proportional with the full commercial operation of the Gorsuch
Haus and Lift One Lodge developments. These techniques shall be documented and
logged. The City of Aspen, the Gorsuch Haus, and the Lift One Lodge shall evaluate these
techniques for their effectiveness to provide safe access to the lodge developments.
F. Should increased winter service maintenance to South Aspen Street not provide reasonably
safe access to the lodge developments, the City Council, at its discretion, shall consider,
and potentially implement, the use of alternative product applications and/or an alternative
traction surface to South Aspen Street using the evaluation outlined in subsection B above.
G. If it is found that a snowmelt system is the only mechanism to adequately and reasonably
respond to winter street conditions and associated traffic impacts from the lodge
developments, the City Council at a public meeting, using the information outlined above
and at their discretion, shall have the ability to require the Gorsuch Haus and the Lift One
Lodge, or assigns, to install a snowmelt system within South Aspen Street. The following
triggers shall also be used to evaluate this requirement:
o Unsafe conditions on South Aspen Street that do not allow the safe access of
vehicles to the approved lodge developments.
o Excessive City of Aspen cost overruns and environmental impacts due to the
increased service maintenance measures to South Aspen Street.
H. Should the installation of a snowmelt system in South Aspen Street be determined to be
required according to the foregoing process, Lift One Lodge and Gorsuch Haus hereby
agree to each contribute one-third (1/3) of the cost for such installation. As Aspen Street
is a public street, any contemplated snow melt system is exempt from applicable REMP
(Renewable Energy Mitigation Program) fees.
Section 34: Construction Sequencing
The Applicant has represented a general potential timeframe for the sequencing of construction
associated with development of the Gorsuch Haus, the Lift One Lodge, and the replacement of
Lift 1A. This representation is identified in a November 16, 2018 memorandum to City of Aspen
Staff and can be viewed in Exhibit E.
Section 35: Election
Pursuant to Section 5.5, of the Home Rule Charter for the City of Aspen, and Resolution No. 2,
Series of 2019, City Council refers this Ordinance No. 38 (Series of 2018) to the voters at the
next scheduled general election and to be considered coincident with and as one question with
Ordinance No. 39 (Series of 2016).
Section 36: TABOR
Except as set forth above in Section 32 with regard to the City’s irrevocable pledge of cash reserves
toward cost-sharing of certain future improvements, none of the City’s obligations hereunder shall
be construed to constitute a general obligation indebtedness or multiple year direct or indirect debt
or other financial obligation whatsoever within the meaning of the Constitution or laws of the State
of Colorado, and any other financial obligations of the City pursuant to this Ordinance shall be
contingent upon annual appropriations by the City Council of the City of Aspen in accord with all
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local government budgeting laws applicable to home rule municipalities within the state of
Colorado.
Section 37: School Lands Dedication and Impact Fees
The Applicant shall pay all impact fees and the school lands dedication assessed at the time of
building permit application submittal and paid at building permit issuance.
Section 38: 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
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 or superseded by the specific terms herein.
Section 39: 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 40: 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.
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
REFERRED to the voters pursuant to Resolution #2, Series of 2019 this 7th day of January
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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Exhibits:
A: Approved Subdivision Lot Configuration
B: Conceptual Site Plans and Building Elevations
C: Dimensional Table
D: Growth Management Mitigation Calculation
E: Construction Sequencing Memorandum
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Exhibit A – Lot Configuration
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Exhibit B – Conceptual Site Plans, Building Floor Plans and Elevations
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Page 32 of 57
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Skiers’ Chalet Steakhouse
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Skiers’ Chalet Lodge and Dean Street interface
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Dean Street Views
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Exhibit C – Dimensional Table
Notes:
1These numbers may change to reflect actual internal programming, subject to verification at building permit
2This is a maximum number, the actual average may not be larger
3This is a minimum number, the actual number may not be smaller
4These numbers will be determined at Final HPC approval
Lift One Lodge – Lots 1 and 2
Net Lot Size 44,830 sf
Total, both lots Gross Lot Size 46,721 sf
Total both lots
Gross Square
Footage 202,564 sf Lodging Unit Size
Average
519 sf (key) NL
1587.5 sf (unit) NL
Floor Area 107,651 sf
Allowable 112,075 sf
Lodging
Net Livable Area 53,976 sf NL
Floor Area Ratio 2.4 : 1
Allowable 2.5 : 1 Free Market Units 6
Max. Height
West Building
Interpolated 53.3 ft.
See Height Plan* Free Market Area 21,925 sf FA
18,831 sf - NL
Max. Height
East Building
Interpolated 47 ft.
See Height Plan*
Average
Free Market Unit Size
3,139 sf 2
Net Livable
Max. Height
Skiers’ Chalet
Steakhouse
29’ 4
(from finished grade)
On-Site
Affordable Housing
Units
1 BR Unit in East Building
1.75 FTE
Setbacks
West Building
west 8.5’; east 1.5’
south 3.5’
Affordable Housing
Unit Size
623 sf FA 3
791 sf NL
Setbacks
East building
west 0’; east 14.9’
north 12’; south 3.5’
Ratio
Free-Market to
Lodge/AH
.343 : 1
Net Livable
Setbacks
Skiers’ Chalet
Steakhouse
north 0’; west 10’ Commercial Net
Leasable 16,125 sf 1
Lodge Units
Keys
Pillows
34 units
104 keys
208 pillows
Off-Street Parking
Located below lots 1, 2
and 3
126 – Total
50 – Public
76 – Lift 1 Lodge
Willoughby and Lift One Parks – Lot 3
Gross Lot Size 50,006 sf
Commercial Net
Leasable
2,500 sf 1
Ski Co. skier services and
patrol
Max Height
Skiers’ Chalet Lodge
31.5’ 4
(from finished grade)
Essential Public
Facility
9,350 sf 1
Ski Museum and related
functions
Setbacks
Skiers’ Chalet Lodge
north 10’;
east 3’ (retaining wall
to garage access)
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Exhibit D: Growth Management Mitigation Calculation
Lift One Lodge and Skiers’ Chalet Steakhouse
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 (total 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
Aspen Skiing Company
Commercial
Use
Skiers’ Chalet Lodge – skier services and patrol – 2,500 sf (net leasable)
generation rate 4.7 FTE per 1000 sf.
Credit for 2,340 sf of existing area at Lift 1A facility
160 sf /1000 = .16 x 4.7 = .75 FTE
mitigation rate = .65
.75 x .65 = .49 FTE
Total
Required
Mitigation
0.49 FTE, Category 4
Note: All calculations will be verified by zoning review at building permit.
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Exhibit E: Construction Sequencing Representation
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Ordinance No. 39, Series 2016
Page 1 of 31
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 (4 parcels total, 3 Parcel ID #’s)
WHEREAS, the City of Aspen 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 - 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;
Relocation and replacement of the existing Lift 1A ski operations building to Lift One
Lodge property;
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City Council
Ordinance No. 39, Series 2016
Page 2 of 31
Ski operations and ski infrastructure and,
WHEREAS, for the purpose of this Ordinance, the following definitions apply:
Lift 1 Corridor – This includes the property covered by this ordinance and the property
related to the Lift One Lodge project described in Ordinance # 38, Series of 2018. While
not subject to this Ordinance, the adjacent future park lands will eventually become a
necessary part of the ski way and ski operations.
Current Lift 1A – This term is used to describe the existing and functioning Lift 1A
terminal and related skier services and ski patrol facilities.
Future Lift Terminal – this term is used to describe the new lift terminal that will be
located in Willoughby Park.
Historic Lift 1 – this term includes the historic gantry, bull wheel and three remaining
towers of the original Lift 1; and,
WHEREAS, the Application and the Lift 1 Corridor Study and preferred site plan
contemplates, and requires for functional ski and lift operations, skiing across, as well as snow
making onto and snow grooming throughout the Lift Corridor; 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 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,
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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, December 3rd, 2018, and December 10th, 2018 under
the applicable provisions of the 2016 Municipal Code (application deemed “complete” on March 29th,
2016, and amended application deemed “complete” on September 6th, 2018) 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 January 7th, 2019 City Council 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, pursuant to Section 5.5 of the Home Rule Charter of the City, the City
Council, on its own motion, has the power to submit at a general or special election any proposed
ordinance or question to a vote of the people; and,
WHEREAS, pursuant to Section 13.4 of the Home Rule Charter of the City, the City
Council shall not sell, exchange or dispose of public building, utilities or real property in use for
public purposes, including real property acquired for open space purposes, without first obtaining
the approval of a majority of the electors voting thereon. Additionally, the City Council shall not
cause or permit the change in use of the real property acquired for open space purposes, other than
for recreational, agricultural or under-ground easement purposes, without first obtaining the
approval of a majority of the electors voting thereon. Further, under such Section 13.4 of the Home
Rule Charter, no real property acquired for open space purposes shall be sold, exchanged, disposed
of, or converted to other uses other than for recreational, agricultural or underground easement
purposes, unless such open space is replaced with other open space property of equivalent or
greater value as of the date of sale or conversion as determined by the City Council by resolution
following a public hearing taking into consideration monetary, environmental, and aesthetic
values; and,
WHEREAS, at a continued public hearing on January 7, 2019, the City Council, by a ____
to ____ (_ – _) vote, adopted Resolution No. 2, Series of 2019 pursuant to Sections 5.5 and 13.4 of
the Home Rule Charter of the City, to refer this Ordinance (and proposed Ordinance No. 39, Series
of 2016 for the approval of the Gorsuch Haus Project) to a vote of the electors of the City to make
the findings stated herein and grant approval with conditions for a Major Amendment to a Planned
Development, Project Review, and related reviews for Subdivision, Exchange of City Land,
Rezoning, Growth Management Quota System, Commercial Design, Timeshare Development,
Transportation and Parking Management, Special Review, ESA – Mountain View Plane, and
Vested Rights, subject to the conditions of this Ordinance; and,
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WHEREAS, City Council intends to refer the project to the Aspen voters for
consideration.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN AS FOLLOWS AS DIRECTED BY THE VOTERS AS PROVIDED BELOW:
Section 1: General Approvals
A. Pursuant to the standards set forth in Title 26 of the Aspen Municipal Code and Sections
5.5 and 13.4 of the Home Rule Charter of the City of Aspen, the City, by a vote of its
eligible electors, approves the Gorsuch Haus application for a Site Specific Development
Plan for the Gorsuch Haus Subdivision /PD that includes land use reviews for 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 Vested Property Rights approval – allowing for the development of Lots 1
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 1 ski corridor alignment, lift tower, and skier return. Lot 2
development and activities are comprised of a new Lift 1 ski corridor alignment, lift towers,
skier return, traditional ski operation maintenance activities, and an event staging and
viewing area.
B. More specifically for the Gorsuch Haus, subject to the conditions of approval as listed
herein, is 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, 7,730 sq.
ft. of commercial net leasable space, and ski lift and facilities on Lot 1. Ski area operations
and associated ski and non-mechanized summer uses for the relocated Lift 1 lift tower
alignment, skier return, snow making infrastructure and event staging and viewing area,
are approved on Lot 2.
Section 2: Vested Rights
A. The development approvals granted pursuant to this Ordinance will constitute a new site-
specific development plan and a vested property right pursuant to Land Use Code Section
26.308.010 and C.R.S. § 24-68-101 et seq. attaching to and running with the Subject Property
and will confer upon the Applicant the right to undertake and complete the site-specific
development plan and use of the Subject Property under the terms and conditions of the site-
specific development plan, including any approved amendments thereto. However, any
failure to abide by any of the terms and conditions attendant to this approval that is not
cured by the Applicant after written notice from the City, a right to a public hearing in
accordance with the applicable provisions of the Land Use Code, and a reasonable
opportunity to cure such failure will result in the forfeiture of said vested property rights.
B. Due to the substantial nature of the changes proposed by the Application and approved by
this Ordinance, and that the request approved by this Ordinance is in response to a directive
from the City Council to pursue a new placement of the Future Lift Terminal, a period of
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vesting is established for the Gorsuch Haus Planned Development. Pursuant to C.R.S. §
24-68-104(2), it is appropriate that the vested property rights for the Gorsuch Haus Planned
Development will be vested for a period exceeding three years in light of all relevant
circumstances, including, but not limited to, the need to wait until all required City-owned
property is available for use in connection with the development and operation of the Lift
1 Corridor project, the size of the development, economic cycles, and market
conditions. The Development Agreement to be entered into between the City and the
Applicant pursuant to the terms of this Ordinance will memorialize such extended period
of vested property rights pursuant to C.R.S. § 24-68-104(2).
C. The vesting period will commence on the effective date of the Development Order for the
Project issued by the City in accordance with Section 26.304.080 of the Land Use Code.
D. The vesting period will remain in effect for five years following the effective date of the use
rights conferred as part of the initial 40-year term of the Dolinsek License pursuant to
Section 6.A.1 of Ordinance No. 38, Series 2018. However, the vesting period will not
extend longer than the validity of the Development Order issued for the Project pursuant
to Section 26.304.080 of the Land Use Code, as amended from time to time (which Section
26.304.080 currently provides that a Development Order will not be valid for more than
ten years). Nothing herein will be construed as limiting the right of the Applicant to
proceed with development of the Project prior to the commencement of the initial 40-year
term of the Dolinsek License, provided the Project has received the required Detailed/Final
Review approvals described in the Ordinance and complied with the City’s permitting
requirements.
Section 3. Subdivision and Rezoning
A. 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.
B. Within 180 days of issuance of a Development Order and prior to building permit
submittal, a final subdivision plat shall be submitted for review and approval by the
Community Development Director and City Attorney. This plat shall illustrate Lots 1 and
2 as well as lands to be vacated and dedicated as outlined in section 4 of this ordinance.
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 Lot 1 from C to Lodge (L). A
Planned Development overlay is designated on both newly created lots. 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 4: Vacation of public right-of-way and acceptance of private property
A. The City Council approves the vacation of the public rights-of-way, comprised of
approximately 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
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sq. ft. of private property for City of Aspen right of way at the terminus of South Aspen
Street for a public right-of-way in the form of cul de sac improvements. Conveyance of
title associated acknowledging a change of ownership between the record owner of Lot 1
and the City of Aspen, shall be completed with a recordation of deeds 45 days following
the recordation of the subdivision plat.
Section 5: Licenses and Easements
A. The ski corridor requires easements and/or licenses for skiing and ski operations across
portions of Lot 1. An easement agreement between the Aspen Skiing Company and
Gorsuch Haus shall be established to allow ski-related activity and infrastructure to occur
on Lot 1.
B. All license and easement agreements shall be submitted for review within the 180 day
period following issuance of a Development Order.
C. The City will enter into a fee-free easement agreement with Aspen Skiing Company to
allow skiing and ski and lift related activities, equipment, improvements and infrastructure,
including, without limitation, subgrade snowmaking infrastructure as well as above grade
ski and lift related equipment, improvements and infrastructure to occur on, over and under
the Hill Street Right of Way. The easement agreement will provide that Aspen Skiing
Company will own and exclusively control all ski and lift related equipment, improvements
and infrastructure constructed on, over, and under Hill Street Right of Way pursuant to
such easement agreement.
D. The City will grant to the Applicant for the benefit of Lot 1, an easement over, under, across
and through all public rights-of-way and City-owned lands adjacent to the Project for the
purpose of allowing construction work and staging, crane swing, over-digging, shoring,
soil nails and other construction activities necessary or appropriate to undertake the
construction of the Project and to establish and maintain a safe working environment during
such construction. Provided, however, that no such easements will be granted by the City
with respect to the Dolinsek Property until the City is permitted to do so pursuant to the
Dolinsek Deed, and no such easements shall violate the terms and restriction of the
Conservation Easement on the Dolinsek Property held by the Aspen Valley Land Trust.
E. All license and easement agreements entered into pursuant to the above provisions of this
Section 5 will contain commercially reasonable insurance and indemnity provisions,
provided, however, the City will not provide an indemnification to any party.
Section 6: Planned Development – Project Review
A. Within 15 days prior to the public election, the Applicant shall submit an ‘Approved Plan
Set,’ that includes the Conceptual floor plans, site plan, lot configuration, and elevations.
Failure to submit these plans shall not render the approvals in the Ordinance null and void.
B. Pursuant to Land Use Code Section 26.445.090(A), the Applicant has one (1) year from
Project Review approval to submit the Detailed Review with Planning and Zoning
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Commission. This one-year period shall commence from the date of an election that
provides voter approval.
Section 7: Project Dimensions
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 26.445.090(A), the
Applicant has one year from Project Review approval to submit the Detailed Review application
for this request.
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 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 and are permitted to walk out at the same level as adjacent rooms.
Grading within the lot setback of greater than thirty inches (30”) is permitted on Lot 1 and
Lot 2. The rooftop amenity deck has been granted a three-foot (3’) height exception from
the maximum height as calculated under Land Use Code Section 26.710.190(D)(8)(e).
B. Engineering requirements may dictate that the 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 the lift manufacturer
design and as documented in the attached site plan.
C. 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.
Section 8: Project Uses
A. 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.
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B. 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,
traditional ski and non-mechanized recreational operation maintenance activities, and ski
race finish/special event use viewing area. The viewing area shall obtain all required
special event permits prior to operation, as necessary.
C. Service gates are permitted to be placed at the entrance of the realigned Aspen Mountain
service road on Lot 2. The service gate locations, dimensions, materials, and color shall
be administratively reviewed and approved by the Community Development Department.
D. 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.
Section 9: Special Review for Lodge Density
A. 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 City Council
finds that 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 established with the density of 1 lodge unit/500 square feet
of gross lot area.
Section 10: Special Review for Affordable Housing
A. 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 11: Growth Management Allotments
Following growth management allotments are allocated to the lodge on Lot 1:
• 4 free market residential dwelling unit allotments (from 2016 GMQS calendar year)
• 1 - 1 bedroom affordable housing unit allotment. (from 2016 GMQS calendar year)
• 7,730 sq. ft. of new commercial net leasable space. (from 2016 GMQS calendar year)
• 112 lodging pillows, which equals 56 lodging keys, from the 2016 GMQS calendar year,
with approval for 50 lodging pillows, which equals 25 keys, to be granted from the 2017
GMQS calendar year.
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Section 12: Affordable Housing
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.
A. Gorsuch Haus Mitigation
Lodge Use 12.83 FTEs
Free Market Residential Use 4.64 FTE mitigation
Commercial Use 8.85 FTE Commercial mitigation requirement
Sub Total 26.32, Category 4
Total Required Mitigation w/
Employee Generation Review 21.68 FTE, Category 4
Employee Generation Review, Initial mitigation reduction
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. This recognizes an efficiency of service between the free-market and the lodge
components of the project. A reduction of 4.64 FTEs is permitted; however, this reduction requires
an audit, two (2) years after issuance of Certificate of Occupancy, to evaluate actual employee
generation. If the free-market component is shown to generate FTEs greater than those supplied
by the lodging component, mitigation shall be required commensurate with the employees
generated by the free-market component up to an additional 4.64 FTEs (estimate) as calculated in
accordance with the Land Use Code in effect at the time the Application was submitted by the
Applicant.
APCHA shall request the audit from Gorsuch Haus. Failure to request the audit shall not render
any of the approvals invalid. Gorsuch Haus shall provide the Housing Authority and the
Community Development Department with the audit report. The Housing Authority and
Community Development Department shall forward the audit to the Housing Board for a
recommendation and City Council will make the final decision of whether additional mitigation is
required based on such audit. Any reasonable costs for the audit shall be paid by the Applicant.
B. Method of Mitigation. In addition to the provision of one on-site affordable housing unit,
mitigation may be satisfied utilizing on-site units, off-site units, “buy-down” units, or City
of Aspen Affordable Housing Credits. Off-site units may be provided at locations within
the Aspen Urban Growth Boundary. Cash in lieu is not permitted to satisfy affordable
housing mitigation requirements.
C. Timing of Mitigation. Required Affordable Housing mitigation shall be satisfied prior to
issuance of a Certificate of Occupancy for the Gorsuch building.
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D. The existing Lift 1A ski operations space (consisting of approximately 2,500 square feet
of ticketing, restroom facilities, and ski patrol space) shall be demolished and replaced, as
contemplated under Ordinance No. 38, Series of 2018. Precise floor area shall be verified
at building permit submittal.
Section 13: Employee Housing Unit
The project as approved includes one (1), one-bedroom employee housing unit. This provides
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 of the hotel.
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.
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, if
required by APCHA.
Section 14: Aspen Street Improvements
The creation of a cul-de-sac at the terminus to Aspen Street is conceptually approved and the
conceptual design is depicted as an exhibit to this Ordinance. The final design of the cul-de-sac
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will be evaluated by the Engineering Department and Fire Department and a recommendation
made to the Planning and Zoning Commission at Detailed review. Consistent with the terms and
provisions of Ordinance No. 28, Series of 2011, the Applicant agrees to a reimbursement
agreement being developed to assist, on a proportionate basis, in the cost of the reconstruction of
S. Aspen Street as depicted on the engineering drawings prepared by Schmueser Gordon Meyer
Inc. and recorded as part of the final development approvals for Lift One Lodge in Plat Book 102
at Pages 11-19 (the “South Aspen Street Improvement Plans”). The reimbursement agreement
shall include a reimbursement formula utilizing the proportion of linear feet of South Aspen Street
frontage allocated to properties on South Aspen Street, with 20.45 % being allocated to Lot 1. The
reimbursement agreement shall also include cost recovery provisions consistent with the
development approvals for the One Aspen Townhome project, which has previously made within
the South Aspen Street right of way certain road surface and sidewalk improvements as well as
certain infrastructure improvements (including water lines, sewer lines and shallow utility lines).
The costs for cul de sac improvements beyond the scope of originally approved South Aspen Street
Improvement Plans shall be allocated fully to Gorsuch Haus.
Section 15: Planned Development – Detailed Review
In addition to the general documents required as part of a Planned Development – Detailed Review,
the following items shall be required as part of the Application’s Planned Development – Detailed
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.
C. A draft Construction Management/Phasing Plan.
D. A snow storage and snow shedding plan. Snow is permitted to shed from Lot 1 onto Lot
2 as well as from Lot 2 onto Lot 1, but 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 S. Aspen Street improvements.
G. A draft subdivision and vacation plat
H. Draft Ski Operations Plan
I. 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.
J. At Detailed 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.
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Section 16: Subdivision/PD Plat and Agreements
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 – Detailed
Review approvals by the Planning & Zoning 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) Mud flow and Storm Water Mitigation Plans
4) Public Amenity Plans.
5) Public Infrastructure Plan.
6) Final Transportation Impact Analysis (TIA), including a monitoring plan.
7) Subdivision Plat.
8) Street, Alley and Easement Vacation Plat
B. In accordance with Section 26.490.050, Development Agreements, a Development
Agreements shall be entered into with the City. At a minimum the development agreements
shall include:
1) A construction staging and sequencing plan that includes coordination among
Gorsuch Haus, Lift One Lodge, and Aspen Skiing Company. Such construction
staging and sequencing plan shall provide that ASC will install the new lift,
including the Future Lift Terminal and towers, no later than as promptly as it
reasonably and safely is able to following completion of the garage, subgrade
structures and foundation, vertical construction and enclosing of the Gorsuch Haus
and Lift One Lodge buildings.
2) Easements or long-term irrevocable licenses to provide for ski operations to operate
on the properties associated with the ski corridor.
3) In accordance with Section 26.490.060, Financial and Site Protection Requirements,
the Applicant shall provide a site protection guarantee (subsection B) and a site
enhancement guarantee (subsection C).
4) 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:
• Landscape Guarantee for landscaping placed on Lot 1 and Lot 2
• Public Facilities and Public Infrastructure Guarantee associated with Lot 1 and
Lot 2.
• Storm Water and Drainage Improvements Guarantee associated with Lot 1 and
Lot 2.
5) In accordance with Section 26.490.060.A, Proof of Financing, before the issuance
of a building permit for the development of any parcel, and as a condition of such
approval, owner shall provide to the City Building Department and City Attorney
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for review and approval, satisfactory evidence that owner has in place sufficient
financing to accomplish and complete the construction of the development of the
project covered by the building permit and any public improvements identified
within an improvements agreement and required under this ordinance; provided, if
there is no loan with respect to development of the project, then owner shall provide
a letter from a financial institution stating that the owner has funds available in an
amount that covers the estimated cost of construction for the development. Such
financing may include without limitation, a construction loan from an institutional
lender or lenders and equity capital investments and/or donations from owner or
third party investors or contributors. In addition, before issuance of a building
permit for the project, owner shall provide supporting cost estimates for all
improvements covered by the requested building permit prepared by owner’s
general contractor for review and approval by the City of Aspen Building
Department.
6) A Condominium Map shall be competed for the development in accordance with
Section 26.480.050(A), Condominiumization.
C. Other Necessary Approval Documents – specific to this approval
1) License and Easement Agreements – necessary agreements outlined in Section 5, shall
be submitted for review and approval.
2) Other Agreements as necessary – between the stakeholders to the project including:
The City of Aspen, Aspen Historical Society, Aspen Skiing Company, Lift One
Lodge, and Gorsuch Haus.
Section 17: ESA Reviews
A. 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 18: Engineering Department
A. 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.
B. 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. A draft mudflow analysis for the Lift One Lodge Project
and Gorsuch Haus Project was submitted to the City with the Application for Project
Review based on pending mudflow regulations that are anticipated to be in effect prior to
submission of the building permit applications for the Project. This draft mudflow analysis
was prepared by Tetra Tech and dated November 7, 2018. The City hereby accepts the
criteria and findings described in such draft mudflow analysis on a conceptual basis.
C. Sidewalk/Curb/Gutter: All sidewalk curb and gutter shall meet the Engineering Standards
of City of Aspen Municipal Code Title 21.
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D. Excavation Stabilization: Due to the scale of excavation and proximity of excavation to
neighboring properties, an excavation stabilization plan shall be submitted to the
Engineering Department at building permit submittal. Soil stabilization shall be located
within the property boundaries or follow section 21.12.140 of the Municipal Code.
E. Ground Stability Monitoring: 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.
F. TIA: 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.
Section 19: Fire Mitigation
A. 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). Similarly,
all Tramway Board codes and/or regulatory requirements applicable to the Gorsuch Haus
Planned Development shall be met.
Section 20: Parks Department
A. Tree removal permits are required prior to issuance of a building permit for any demolition
or significant site work. Mitigation for removals (after factoring in any appropriate credits
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. Any plantings on the roof shall not qualify as
mitigation. The Applicant shall explore potential sites around the property to allow planting
and full maturation of trees outside of the ski corridor and considering its contemplated
uses. This shall be included as part of the PD Detail Review.
B. 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.
C. Prior to final approval, the Applicant shall finalize the dedication of the proposed
pedestrian and bicycle public access trail that provides access from Hill Street to the
existing public access and skiers easement recorded at BK 4, PG 489 to the satisfaction of
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the Parks Department. The reception number associated with this dedication shall be
crossed referenced on the final plat.
D. Prior to final approval, the Applicant shall finalize the dedication of a proposed public
access easement that permits access across Lot 2 and is commensurate with Aspen
Mountain Service Road to the satisfaction of the Parks Department. The City agrees that
such public access may be managed to restrict access from time to time at the discretion of
the Aspen Skiing Company for safety, maintenance, operations, loading, unloading, and
staging purposes, as it determines. The reception number associated with this dedication
shall be crossed referenced on the final plat. Given the close proximity of the Hill Street
access easement dedication, this easement may coincide with subsection C above.
E. Prior to final approval, the Applicant shall finalize the dedication of a public access
easement on the western stairway of the lodge development to the satisfaction of the Parks
Department. The reception number associated with this dedication shall be crossed
referenced on the final plat.
Section 21: Aspen Consolidated Sanitation District Requirements
A. 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 22: Environmental Health Department
A. 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. 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.
C. The City and the Applicant understand and acknowledge that functional operation of the
Lift 1 Corridor requires that SkiCo undertake certain maintenance and operational
activities, including snow making, snow grooming, lift maintenance, load in and load out
for special events and mountain operations, outside of operational hours, including during
early morning, evening and night time hours throughout the Lift 1 Corridor.
Section 23: Water/Utilities Department
A. 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,
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and all tap fees will be assessed per applicable codes and standards. Utility placement and
design shall meet adopted City of Aspen standards.
Section 24: Outdoor Lighting and Signage
A. All outdoor lighting and all signage shall meet the requirements of the Aspen Municipal
Code.
Section 25: Building Department
A. The Applicant shall meet all applicable building and accessibility codes in place at the time
of building permit submission. The elevators are required to meet IBC accessibility
requirements. The affordable housing unit shall be provided with an ADA compliant
circulation path within the site that connects the units to the parking and the public right of
way.
Section 26: Colorado Tramway Board Review
A. 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. Any required modifications that have significant
impacts to height, mass or scale, or site planning will be reviewed during Detailed Review
with Planning and Zoning Commission and may require an Amendment to the Planned
Development Project Review.
Section 27: Cost Sharing
A. As provided in Ordinance No. 38, Series of 2018, it is acknowledged that the City of Aspen
agrees to contribute a fixed amount of $4,360,000 to Lift One Lodge in support of the
public facing elements of the project, including improvements to Dean Street and the
relocation and rehabilitation of the Skiers’ Chalet Lodge.
B. The funds approved pursuant to Ordinance 38 shall be budgeted and appropriated in 2019
and held in escrow to be released to the Lift One Lodge upon the completion of the new,
Lift 1A ski lift. The terms of the escrow consistent with Ordinance 38 shall be specifically
described in an escrow agreement between the parties.
C. This amount is fixed by the approval of Ordinance 38. Any future proposal to increase this
amount will require approval by a majority of the voters of the City of Aspen.
D. This contribution to the project by the City of Aspen, does not preclude Lift One Lodge
from meeting the requirements of development specified by Ordinance 38.
E. This cost sharing contribution will be recognized and further defined within the
development agreement between the City of Aspen and Lift One Lodge.
F. At the time of demolition of Aspen Skiing Company’s existing Lift 1A ski operations space
(consisting of approximately 2,500 square feet of ticketing, ski patrol and restroom
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facilities space), Applicant shall contribute $1,000,000 toward the relocation, rehabilitation
and repurposing of the ski operations related elements of the Skier’s Chalet Building. Such
funds shall be held in escrow and released to Lift One Lodge upon its delivery of the
relocated and rehabilitated Skier’s Chalet Building in a “white box condition” as provided
in Ordinance No, 38, Series of 2018. If the delivery of the relocated and rehabilitated
Skier’s Chalet Building in “white box condition” takes place prior to the demolition of the
existing Aspen Skiing Company Lift 1A ski operations space, then Gorsuch Haus shall
deliver the $1,000,000 contribution directly to Lift One Lodge at time of delivery.
Section 28: Lot 2 Development Restriction
A. The property owner/Applicant shall include a plat note on the final subdivision plat, 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 and use of all ski and non-mechanized recreational infrastructure, including ski
lifts, towers, snowmaking equipment, accessory and support structures pursuant to this
ordinance as well as the ability to conduct skiing, recreational uses that do not require
mechanized infrastructure, all related ski and recreational operations and accessory ski and
recreational uses, including snowmaking, snow management, grooming, hiking, biking, up-
hilling and events related thereto, as well as traditional and routine ski operations and
maintenance, on the property, including mountain access road use and maintenance, as well
as motorized vehicle, equipment and material staging and access in both winter and summer
seasons along the mountain access road. This plat note shall also include a provision for the
ability to conduct all ancillary and approved special events on the property. This language
shall be reviewed, approved, and executed at the time of recordation of the final subdivision
plat.
B. Any amendment to the condition relating to residential building and residential development
shall require a successful majority vote of the public.
Section 29: Public Amenity Spaces
A. The Applicant has committed to providing a total of 11,136 sq. ft. (minimum of 25%) of
public amenity space of which a portion of this space is located on the rooftop. 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, except for tents and similar soft-sided enclosures
that may be allowed pursuant to the land use code. Due to the proximity of the proposed
telemix lift, some areas of public amenity may be covered. Final design and approval shall
be granted at Detailed Review. Approved rooftop Public Amenity Space shall be subject
to a public access easement.
Section 30: South Aspen Street Winter Maintenance:
The City of Aspen has considered the potential traffic impacts to South Aspen Street from the
approved Gorsuch Haus Development and Lift One Lodge Development (Applicants), including
the ability for South Aspen Street, as it exists, to provide safe, unobstructed access. Due to its
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steep grade, narrow width, and north facing aspect, requiring South Aspen Street to be improved
with a snowmelt system has been considered in relation to the subject applications. At the time of
this approval, the City of Aspen defers requiring the Applicant to install a snowmelt system. The
purpose of this deferment, is to engage in a process to evaluate the efficacy of requiring the
Applicants to install a South Aspen Street snowmelt system. At the conclusion of this process, the
City of Aspen may require installation. The following timeframes, service/maintenance
adjustments, and triggers shall be used to evaluate the potential installation of a snowmelt system:
Year 1 - from date of Final approval:
A. The Applicants shall complete a traffic study that provides a baseline evaluation of existing
traffic volumes associated with the existing land uses located along South Aspen Street.
The traffic study shall also include an evaluation of future traffic impacts as a result of the
Gorsuch Haus development, the Lift One Lodge Development, and new location of Lift
1A near Dean Street. This evaluation of future traffic impacts shall consider the width,
grade, and winter conditions of South Aspen Street and consider types personal and
commercial vehicles that will access the future lodges. Once complete, this study shall be
submitted to the Community Development Director for evaluation.
B. The City of Aspen shall evaluate the general impacts and potential effectiveness of
alternative product applications that could provide increased traction on South Aspen Street
such as salt-based de-icers, use of Magnesium Chloride or other similar product, increase
application of sand or other similar material, or some combination of these alternatives.
The City of Aspen shall also evaluate the potential of resurfacing South Aspen Street with
a combination of traction base material, permanent bonding, and grooved pavement, as
well as restrictions on vehicle types and vehicle tires. These evaluations shall include
referral comments from the Environmental Health Department for environmental impact
consideration and the Engineering Department. Included in this evaluation will be a water
quality monitoring program (in coordination with the City Engineering Department subject
to generally accepted engineering standards) to establish a baseline water quality level and
measurement of impacts of implemented alternative maintenance strategies (including any
salt-based de-icers and increased sanding impacts). Once complete, the evaluation shall be
released to the Applicants.
Year 2 – from date of Final approval:
C. The City of Aspen shall identify current snowmelt system technologies and evaluate the
financial and environmental costs of installation, maintenance, and operation of such a
system. The City of Aspen shall also explore renewable energy alternatives associated
with this potential installation. Due to the unknown timeframe for completion of the
Gorsuch Haus and Lift One Lodge developments and the potential for future improvement
in snowmelt technologies, the City of Aspen may choose to further evaluate snowmelt
technologies past this established timeframe.
Within 1 year of the completion of the Gorsuch Haus and the Lift One Lodge:
D. Post development of the Gorsuch Haus and the Lift One Lodge, actual traffic impact to
South Aspen Street shall be evaluated by the Applicants. This evaluation shall include a
traffic study that details average and peak traffic volume counts and details the use of South
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Aspen Street in relation to the types of personal and commercial vehicles that are used in
both summer and winter conditions. Once complete, this study shall be submitted to the
Community Development Director for evaluation. This traffic study shall be considered
in tandem with the baseline traffic study that was required in subsection A above.
E. The City of Aspen shall engage in alternative snow plowing, snow storage, and snow
removal techniques that are proportional with the full commercial operation of the Gorsuch
Haus and Lift One Lodge developments. These techniques shall be documented and
logged. The City of Aspen, the Gorsuch Haus, and the Lift One Lodge shall evaluate these
techniques for their effectiveness to provide safe access to the lodge developments.
F. Should increased winter service maintenance to South Aspen Street not provide reasonably
safe access to the lodge developments, the City Council, at its discretion, shall consider,
and potentially implement, the use of alternative product applications and/or an alternative
traction surface to South Aspen Street using the evaluation outlined in subsection B above.
G. If it is found that a snowmelt system is the only mechanism to adequately and reasonably
respond to winter street conditions and associated traffic impacts from the lodge
developments, the City Council at a public meeting, using the information outlined above
and at their discretion, shall have the ability to require the Gorsuch Haus and the Lift One
Lodge, or assigns, to install a snowmelt system within South Aspen Street. The following
triggers shall also be used to evaluate this requirement:
o Unsafe conditions on South Aspen Street that do not allow the safe access of
vehicles to the approved lodge developments.
o Excessive City of Aspen cost overruns and environmental impacts due to the
increased service maintenance measures to South Aspen Street.
H. Should installation of a snowmelt system in South Aspen Street be determined to be
required according to the foregoing procedures, Lift One Lodge and Gorsuch Haus
hereby agree to each contribute one-third (1/3) of the cost for such installation. As Aspen
Street is a public street, any contemplated snow melt system is exempt from applicable
REMP (Renewable Energy Mitigation Program) fees.
Section 31: Construction Sequencing
The Applicant has represented a general timeframe for the potential sequencing of construction
associated with development of the Gorsuch Haus, the Lift One Lodge, and the replacement of the
future Lift 1 ski lift. This representation is identified in a November 16, 2018 memorandum to
City of Aspen Staff and can be viewed in Exhibit C.
Section 32: Election
Pursuant to Section 5.5, of the Home Rule Charter for the City of Aspen, and Resolution No. 2,
Series of 2019, City Council refers this Ordinance No. 39(Series of 2016) to the voters at the
next scheduled general election.
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Section 33: School Lands Dedication and Impact Fees
The Applicant shall pay all impact fees and the school lands dedication assessed at the time of
building permit application submittal and paid at building permit issuance.
Section 34: 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 35: 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 36: 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 37: TABOR
Except as set forth above in Section 26 with regard to the City’s irrevocable pledge of cash reserves
toward cost-sharing of certain future improvements, none of the City’s obligations hereunder shall
be construed to constitute a general obligation indebtedness or multiple year direct or indirect debt
or other financial obligation whatsoever within the meaning of the Constitution or laws of the State
of Colorado, and any financial obligations of the City pursuant to this Ordinance shall be
contingent upon annual appropriations by the City Council of the City of Aspen in accord with all
local government budgeting laws applicable to home rule municipalities within the state of
Colorado.
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INTRODUCED, READ AT 1ST READING, AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 12th day of December, 2016.
Attest: Approved as to content:
________________________ ___________________________
Linda Manning, City Clerk Steven Skadron, Mayor
REFERRED to the voters pursuant to Resolution #2, Series of 2019 this 7th day of January
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 - November 16th, 2018 memo regarding construction sequencing
Exhibit D - Growth Management Mitigation Calculation
Exhibit E - 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 Minimum of
11,136 sq. ft.
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Exhibit C – Construction Sequencing Representation
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Exhibit D – Growth Management Mitigation Calculation
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.
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Exhibit E – 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
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S.11°25'30"E. ALONG 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.
P110
II.