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HomeMy WebLinkAboutagenda.apz.20110823 AGENDA ASPEN PLANNING AND ZONING COMMISSION SPECIAL MEETING TUESDAY, August 23, 2011 4:30 p.m. Sister Cities room 130 S. Galena Street, Aspen I. ROLL CALL II. COMMENTS A. Commissioners B. Planning Staff C. Public III. MINUTES IV. DECLARATION OF CONFLICT OF INTEREST V. PUBLIC HEARINGS — A. Lift One Lodge — Final PUD B. Miscellaneous Code Amendments — vacation rentals C. Miscellaneous Code Amendments — Impact fees and school lands dedication VI. OTHER BUSINESS VII. BOARD REPORTS VIII. ADJOURN Next Resolution Number: 13 1 1 5 . Ph% . MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Chris Bendon, Community Development Director Drew Alexander, Planner RE: Lift One Lodge Final PUD & Timeshare Review — Public Hearing DATE: August 23, 2011 (Continued from August 2 SUMMARY: Tonight's hearing is the seventh in a series of meetings to review the final application for the Lift One Lodge. This project has been in the planning process since 2006 and has undergone several changes. The project was granted conceptual approval by City Council in late 2009. The last hearing involved a thorough review of the proposed Resolution, discussion, and several attempted votes — all of which failed to reach a majority position. Tonight's hearing will again be focused on the resolution. Staff has included the resolution as last amended. Staff is recommending approval of the resolution as drafted. To the extent amendments can be made during the meeting, staff recommends the Commission incorporate those changes at the hearing. RECOMMENDED MOTION: "I move to approve Resolution No. , Series 2011, recommending City Council approve the Lift One Lodge Subdivision/PUD Final Application." PREVIOUS ATTACHMENTS: A — Lift One Lodge Application (provided in the April 5 packet) A2 — Application Supplement — June 7, 2011 — Revised traffic study, revised street plans and profiles. B — Lift One Lodge Application Appendix — by reference only. The City Clerk has a copy and there's a copy in ComDev. A table of contents for the appendix is in the main application. C — Project Summary — June 7 D — Conceptual and Final Review Comparison Chart — June 7 E — Neighbor letters — June 7 F — Development Review Committee (DRC) comments G — Review standards and staff findings H — P &Z and Council minutes from Conceptual Review. I — Additional height representations CURRENT ATTACHMENTS: Proposed Resolution No. _, Series 2011 (amended for August 2 J — Transportation Analysis, updated April 27, 2011. Page 1 of 9 z QUESTIONS AND ANSWERS: (NO CHANGES FROM AUGUST 2 ND MEMO) Throughout the hearings, several questions were asked of staff and the applicant. Following is a re -cap of those questions and answers. Skiing /Lift Access • Is the Lift IA Lift moving? No. This property is no longer within the application and there's no proposal to move the lift. • Is the Lift IA Parcel a future "phase two" of this project? The applicant stated no. The applicant has no authority over the SkiCo parcel and cannot represent their future intension. • Is this Lift IA parcel then sterilized? No, it's just not part of the application. It's a neighboring parcel. • If the Lift IA Parcel were redeveloped what review would be required? An 8040 Greeline review and a Wheeler view plane review would be required at a minimum. Depending on the proposal, other reviews may be required. • Are SkiCo ticketing and other SkiCo facilities proposed here? No. Because the SkiCo property is no longer part of the application, there are no SkiCo operations requested or proposed. The applicant is not aware of any desire from the SkiCo to change ticketing operations. • What about the skiing pinch point at the east end of red building? While the ski corridor is improved, this location will remain a pinch point until changes are made to the Skico property. • Will the ski -back corridor be groomed and is the applicant committing to provide that service? The applicant stated yes, likely through a contract with the SkiCo. Staff is recommending an operations plan be developed and recorded for the two public parcels covering the ongoing responsibilities and expectations of the applicant, the Historic Society, and the City. • What assurance is there that the surface lift will be built? The provisions necessary to return an active lift to Willoughby Park are being addressed in this application. Full implementation will require additional action by the Aspen Skiing Company, owner of the property to the south, outside the control of the applicant. It's important to note that lift-served skiing could not return without the actions taken in this application: a. $600,000 funding commitment. b. Easements, dedicated to the public, through site, including private land for pedestrian, ski, and lift operations. c. State Tramway Board approval for the corridor and technology. d. Site plan accommodates approved corridor. e. Sighting of buildings in Willoughby Park to allow snowcat turn- around. f. Removal of a portion of Gilbert Street to allow unobstructed skiing through site. Some of these actions would improve skiing with or without a surface lift: a. The Applicant has agreed to take responsibility for grooming of the area. Page 2 of 9 3 b. The removal of a portion of Gilbert Street will return a true ski corridor to the site. c. The lockers and apras ski opportunities will make this a more attractive spot or locals and visitors to gather. Staff also added more language to ensure the $600,000 doesn't become "lost" in the City's general fund. See Reso section 12.g. • Council talked about trucking snow to the area during Conceptual review, is that the plan? No, snow will be pushed down from uphill. • Will the surface . lift be "vested" as part of the approval or could it require a follow - up review? The surface lift potential is there and certainly part of the planning for the project. Staff included language in the reso specific to the lift being approved and a requirement to disclose its potential. • What's the width of the ski corridor? During the July 5 meeting, the Applicant answered 45 feet although this is not uniform through the entire corridor. The corridor varies through the site and most of it is greater than 45 feet. The minimum Tramway approved corridor given the lift line technology anticipated is 40 feet through the site and there is always more room that that. The applicant will have a drawing available at the July 19 meeting to further address any clarification. Community Benefits • Please provide a summary of what is being received by applicant. a. The proposed lodge's total floor area and area devoted to non -unit space exceed the maximum allowed when excluding vacated rights -of way from the project's lot area. (varied through PUD) b. The majority of the lodge's setbacks, which are adjacent to public lands or rights - of -way are less than the minimum required with the exception of areas adjacent to eastern neighbors where it is much greater than required by code. (varied through PUD) c. The project's height exceeds the maximum allowed for an Incentive Lodge in various places. (varied through PUD) d. The lodge's average unit size is also being varied slightly pursuant to Special Review as provided for in the zone district. e. Various street and alley rights -of -way are being vacated and incorporated into the project site in order to accommodate the proposed ski corridor. • Please provide a summary of community benefits a. Rejuvenation of a neglected part of town and needed lodging facilities in a location important for the resort. b. Easements and corridor necessary to return skiing and lift service to Willoughby Park. c. Street reconstruction of Deane Street as a (predominantly) pedestrian way. d. Renovation and donation of Skiers Chalet Lodge for use as Aspen Historical Society Museum. e. Historic designation of Skiers Chalet Lodge after relocation and renovation. Page 3 of 9 4 f. Street reconstruction and safety improvements of South Aspen Street from Durant Street to the edge of Aspen Mountain. g. Pedestrian infrastructure along South Aspen Street. h. Expansion of landscaping through Willoughby Park. i. 50 underground public parking spaces much safer that the existing street parking. j. 100% employee housing mitigation when only 30% required by code. k. Renovation of the Skiers Chalet Steakhouse building. 1. Stabilization/protection of public historic assets — Lift One, towers, outhouses. m. $600,000 funding for future surface lift from Willoughby Park to Lift IA. n. Improvements to the general surroundings of the Winternational race course. o. Exceeding environmental standards for new development. p. Free public ski lockers. q. Improved emergency access. r. Utility system improvements. s. Better management of stormwater and drainage from Aspen Mountain. • Staff was asked about lessons learned from Conceptual approval and from the Silver Circle project. Staff reported a major learning from the Silver Circle project is the inherent difficulty of a `public' facility being operated by a private property owner. This does not allow the City to respond to changing needs and expectations of the community like could be possible if the site were publicly owned. • Are public lockers still part of the plan? Applicant stated yes. • Request for clarification on locker location and access. The public lockers are located adjacent to the ski corridor for ski -in access. There is convenient connection to the lockers from both the public parking and pedestrian access from South Aspen Street. This location accentuates the idea that the lodge is accessible and builds connections between locals and guests. The applicant has committed to allow free lockers for locals with the hope that locals will spend the money on beer and food in the restaurant. Energy Usage • How does LEED Gold compare to the minimum standards of the building code? Aspen's building code establishes minimum levels of energy efficiency in a prescriptive way. LEED provides an independent rating system that awards points for planning processes and development investments that lead to outcomes that are greater than these minimums. Since prescriptive systems ( building code) and point systems (LEED) are not intended to be compared in this manner, the following three key sustainability actions highlight the improvements over the building code: a. Ground Source Heat Pump System — There is lots of focus on renewable energy, which is a great thing, however, energy experts such as Amory Lovins suggest that reducing demand is the single greenest action that can be taken in designing buildings. The GSHP is not sexy, no one will see it, and it will not make headlines, however, it will be able to meet most or all of lodge cooling and a significant portion of heating . needs 24 hours a day, 365 days a year. A comprehensive review of alternatives, including solar power, by experts in the field determined that a GSHP was the most effective approach to achieving green Page 4 of 9 5 goals for the redevelopment. This is a major financial investment and the greatest action to reduce energy demand for the lodge. b. Green Roofs — Green roofs filter and absorb stormwater, reduce visual and noise impacts to neighbors, increase roof insulation, soften the texture and height of buildings, reduce the heat island effect, and create useful space for enjoyment and growing useful plants. The City of Aspen is encouraging the development of green roofs and the Lift One Lodge would be a model for green roofs in this environment. c. Commissioning — One of the great lessons in building energy efficiency is that ongoing operations and maintenance are critical to achieving actual energy savings. Commissioning requires the operator use the building in a way that actually saves energy, providing check and balance to the system. • Can the applicant explore solar panels on the roof? The applicant did explore this along with other possible energy generating /saving ideas to achieve LEED Gold. Zoning — Height • Are height exemptions requested? Yes. Can the applicant also show heights along the north elevation? The June 21 and July 1 presentations included detailed height information. This can be covered again if needed. • How many locations of the building are 54' or taller? There are no locations on the west building. On the east building, the drawings attached as Exhibit I identify areas that touch 54 feet. There are two chimneys, the elevator and stair core in the center of the building and small portions of two roof sections. • How does this project reflect `height lessons' learned? During the neighborhood planning, heights for this project were discussed in absolute terms (as opposed to planner speak). This lesson has been translated into this project as staff encouraged the Applicant during conceptual review to identify all heights as measurements from existing grade to the top of whatever element was being discussed. The second lesson learned and reflected in this plan is the recordation of an existing topography map. There has been, and will be, significant changes in the topography of this property, making measuring to a grade that no longer exists difficult. Recording a topography map will establish an `immovable' benchmark for determining compliance. • Please provide a diagram displaying where height exceeds code. This has been provided in Exhibit I. Height diagrams have also been incorporated into the resolution. • Please provide a diagram showing separation and heights between Silver Shadow and Lift One Lodge under code minimums for separation and maximum for height versus proposed. The Applicant will provide this at the 19 meeting. Zoning — General • What were neighbors expecting to be built next door? This is inherently a difficult question for staff to answer. The adjacent properties and subject site are zoned for Page 5 of 9 e lodging according to the Lodge Zone District and were purchased at various points in time, with likely a vast range of expectations of the purchasers. • What could be built if this was a residential proposal? A building or multiple buildings of up to 28 feet, measured to various points along the slope and with higher ridges, and an overall Floor Area of 1:1 or slightly more than 19,000 square feet above grade. Staff does highlight that this location, and the Lodge District in general, is not a preferable location for residential (as a single use of a property) and the zoning has been reduced significantly to discourage pure residential development. • Has the museum size changed? The applicant stated "no, same as COWOP and Council Conceptual approval." • Why is this project being reviewed under the 2005 code? Why not today's code? The application was submitted in 2006 (under the hen applicable 2005 code) and the applicant has the right to rely on the code in effect at the time of submission. Yes, there have been changes to the project, but those have been in response to issues brought -up during the review. The applicant could choose to go under the new code, but is not required to do so. Applicants cannot choose specific sections of new code (no a la carte); its one code or the other. • Are the residential units limited to 2,000 square feet in the 2005 code? No, that provision came later and does not apply to this project. What's the mitigation for these units? The units are being mitigated with on -site housing for 2.1 employees. This is a portion of the overall housing requirement for the project. • Requested more information about Floor Area and vacated rights -of -way. This was provided at the July 5 meeting as well as in the staff findings under PUD. Removing the vacated rights -of -way from the calculation of Lot Area results in a 4:1 FAR measurement. The resolution uses this number. If Lot Area is not reduced, the building is about twice the size of the parcel or about a 2:1 FAR. • Requested clarification about `requiring' versus `recommending' a skiing easement. Essentially, the requirements of the standard can be met without an easement. But, the standard was not written with skiing in mind and logistics of skiing obviously dictate having continuous legal access through the property. Because the standard can be met without a requirement, staff is making a recommendation that an easement be provided. The applicant has no qualms over providing this easement as it aligns with their intention. Additional language was added to the staff comments of that criterion. • Requested clarification about treating this as a new project versus a conversion project. Staff is not considering this a conversion for three reasons: Essentially, the former uses were defunct with very little actual tax service. The standard talks about conversion of structures and the present structures aren't being re -used. And, there's a 5 -year look - back window for analyzing conversion tax implications, rendering the conversion requirements moot. These three things combined to lead staff to treat this as a new project and not a conversion. Page 6 of 9 7 Lodge Units & Usage • What is included in 59 square feet per unit for mechanical /structure? The 59 s.f. referenced in the presentation is space dedicated to building structure, walls, duct runs, and fireplace spaces. • Could eliminating lock -offs reduce the massing demand on the east building? The applicant spoke to this in the June 14 and 21 presentations. Staff also commented that lock -offs can be an important element to creating varied lodging options for guests. • Is the apres deck open to the public or just members? The applicant stated that this deck is open to patrons of the restaurant/bar and not limited to just members /owners. • Is the 80 -85% percent estimated occupancy figure a year -round number or just during the high seasons? The Applicant clarified that this is a year -round number. • What is Aspen's experience with fractional unit occupancy? Any data? Do they actually rent to the 'public?' City staff did "test" various fractional projects around town and all were ready and willing to rent units for short-term stays. Staff called, walked -in, and researched the web for availability. About half of the places were listed through Stay - Aspen- Snowmass and others had the own web -based system (such as hyatt.com). • What is our local fractional occupancy? Staff collected information from a few local fractional projects. There was some reluctance to provide detailed information to the City. One place estimated 70% to 75% occupancy as a year-round figure. Other places responded more generally by saying "we're usually full or close to full through the high seasons, less so during off - seasons." • The Applicant was asked if owners will really use 6 weeks during the year. The Applicant reported back that they expect high usage. Owners must confirm usage 30 days prior to arrival and any unused nights will be available for public access via Stay Aspen Snowmass. • How will lodge guests access Lift 1A? Lodge guests will either walk through the lobby to South Aspen or through the restaurant to the turn- around at the top of the street. That turn around is proposed to utilize pavers or stamped concrete in order to provide the texture and look of a pedestrian- friendly environment. Guests will simply walk to the stairway that accesses the 1 A loading area, like they do today. • Does the P &Z get to decide whether a project is fractional or not or whether the project is a lodge use? No. The definition of a lodge does not dictate how the project or units are owned. Fractional ownership is essentially a type or form of ownership, which the City's cannot prohibit. The City's regulatory requirements ensure that this form of ownership does not represent a de -facto change from lodging to residential use. Hence the requirements for a minimum number of fractions, rental of non -used time spans, etc. • Can the units be available to the public sooner, with longer lead time? The Applicant proposes to make rooms available via Stay Aspen Snowmass and/or other booking portals a minimum of 30 days prior to arrival based on utilization deadline for owners. The Applicant believes that this is appropriate and that those seeking to plan farther ahead should be directed to existing lodging properties. The fractional lodging room - nights are better suited to the growing market of visitors who are making short-term Page 7 of 9 decisions on a vacation. This approach compliments rather than directly competes with existing lodges. • What assurance does the City have that fractional units will be rented to the public now and in the future? The resolution requires adherence to the City of Aspen Timeshare Ordinance, which requires public rentals for available rooms. Additionally the Applicant has agreed to language that has been added to the resolution in sections 3.10 and 3.12. Parking / Transportation /Road Design • Is 50 spaces the right number of parking spaces? During the creation of the COWOP Plan and Council review of the Conceptual PUD there was considerable discussion of "right- sizing" the parking for the project and public parking. Council provided direction that led to cutting the lodge parking almost in half and instructed the applicant to provide 50 public parking spaces. Those spaces will be managed in accordance with a parking operations plan that will be approved by the City of Aspen Parking Director. • Is Car -to -Go part of the plan? Yes. The applicant has committed to pay the application fee and monthly corporate membership for on -site employee housing residents for at least five years. • The Applicant was encouraged to contact the Car Share staff The Applicant did discuss car sharing with Transportation staff as part of developing the TDM plan. Based on the comment, an additional outreach was made to Jeff at Cars to Go. The Lift One Lodge has represented they will pay the Cars to Go application and monthly corporate membership fees for the on -site affordable housing residents. • Please provide a sidewalk drawing. Please refer to the PUD Supplemental Information, Exhibit A2. • Are you planning to shuttle guests to gondola? The applicant responded, no. • What about the idea of snowmelting only the bottom portion of South Aspen Street? It is expected that the alternative pavement treatment, alternate sanding material, turn around at the top of the street and elimination of on- street parking will allow effective snow removal and safer driving. Snowmelting a portion of the street is possible but comes with its own issues. Ice dams tend to exist at the break point between the snowmelt and non - snowmelt surfaces that creates safety issues, street maintenance issues, and road wear issues. The referral agencies support (or at least accept) this option, which has been difficult to achieve. • Which design for drop off is proposed? Project Engineer Jay Hammond and City Engineer Tricia Aragon agree that Option Two of Exhibits 2 and 4 is the preferred drop off design. • Who is expected to pay to clean the traps for sand in street? The applicant is proposing to rebuild Aspen and Deane Sts., install sidewalks and other pedestrian improvements, install curbs and gutters, install the vaults, provide a truck for use by the City for sanding purposes, and the sanding material. The City would apply the sand, plow the streets and clean the vaults. Page 8 of 9 9 • Is it possible to extend the Galena Street Shuttle to the site? There was discussion of this with Transportation staff and the project's transportation consultant. Due to the proximity to Rubey Park, the investments in pedestrian improvements, concerns over schedule and ridership implications to Galena St. Shuttle by extending route, Transportation staff and applicant agreed that investments in pedestrians, TDM, surface lift, drop off island, and lodge shuttle were most effective option. The project will pay 2.1% Use Tax that will support City transit service. City staff cannot commit to ongoing operations as the communities needs and capabilities change over time. • Please provide more detail on how this project will be `connected' the downtown and Rubey Park. The Applicant and Transportation Department are in agreement that focusing resources on pedestrian improvements, transportation demand management, and the surface lift are the most effective tools to increase connectivity to the site. The applicant has made major financial and operational commitments to each of these areas: a. Off -site pedestrian improvements to connect the lodge, lift, and historic assets to Rubey Park and the town core are accomplished from Durant St. along S. Aspen St. and along Deane St. b. A comprehensive TDM plan was developed in conjunction with the project transportation consultant TDA with input from the Transportation Department. The plan includes shuttle service, on demand service for restaurant patrons, car sharing memberships, bus passes for employees, and other proven strategies. c. The applicant provides numerous items necessary to implement lift served skiing to Willoughby Park (see above). In addition, the project will pay substantial Use taxes that provide funding for local transit service to be used as directed by City Council. The Applicant will provide additional information at the 19 meeting. Other General Questions • Will mud flow into the AHS museum and archives? It's not expected to. A mudflow study was prepared for the application and submitted to the City. No concerns about mudflow to this area were identified. Upper portions of the site do have minor mudflow issues that affect some design decisions. • Do we review sales tax generation or does Council? Neither. The City's sales tax collection is established City -wide, not on a case -by -case basis. All nightly rentals will pay sales and lodging taxes. All sales of fractional interests will pay Real Estate Transfer Taxes. • How can we exchange public lands without a vote? A vote is required to transfer publicly owned land in public use. There was a 1991 vote authorizing a long -term lease to the Aspen Historical Society for construction and operation of a ski museum on Willoughby Park. The City's rights -of -way are held in trust by the City but not owned by the City. The reversion or assignment of former rights -of -way to landowners upon vacation is established by State Statute. Page 9 of 9 1N RESOLUTION NO. _ (SERIES OF 2011) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL GRANT FINAL PLANNED UNIT DEVELOPMENT APPROVAL, SUBDIVISION APPROVAL, REZONING APPROVAL, FINAL TIMESHARE APPROVAL, GROWTH MANAGEMENT APPROVAL, APPROVAL OF ASSOCIATED LAND USE REVIEWS, AND ISSUE A DEVELOPMENT ORDER FOR A SITE SPECIFIC DEVELOPMENT PLAN FOR THE LIFT ONE LODGE SUBDIVISION/PLANNED UNIT DEVELOPMENT LOCATED ON PROPERTY COMMONLY KNOWN AS 233 GILBERT STREET, 710 SOUTH ASPEN STREET, 720 SOUTH ASPEN STREET, WILLOUGHBY PARK AND LIFT ONE PARK, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735 -131- 168 -51, 2735- 131 - 210 -01, 2735 -131- 210 -02, 2735 - 131 - 198 -51, 2735 - 131 - 190 -01 WHEREAS, the Community Development Department received an application for the Lift One Lodge Subdivision/PUD (the Application) from Roaring Fork Mountain Lodge — Aspen, LLC (Applicant), represented by Sunny Vann of Vann Associates, and with consent from the City of Aspen and the Historical Society of Aspen, for the following land use review approvals: • Final Planned Unit Development, pursuant to Land Use Code Chapter 26.445. • Final Timeshare, pursuant to Land Use Code Chapter 26.590. • Subdivision, pursuant to Land Use Code Chapter 26.480. • Amendment to the Zone District Map, pursuant to Land Use Code Chapter 26.310. • Growth Management Review — Replacement of Existing Commercial and Lodge Development, pursuant to Land Use Code Chapter 26.470. • Growth Management Review — Replacement of Demolished Multi - Family Units, pursuant to Land Use Code Chapter 26.470. • Growth Management Review — Incentive Lodge Development, pursuant to Land Use Code Chapter 26.470. • Growth Management Review — Essential Public Facility, pursuant to Land Use Code Chapter 26.470. • Growth Management Review — Affordable Housing, pursuant to Land Use Code Chapter 26.470. • Special Review for Average Lodge Unit Size: An application for Special Review to consider the average lodge unit size, pursuant to Land Use Code Chapter 26.430. • Conditional Use for Restaurant and Bar, pursuant to Land Use Code Chapter 26.425. • Conditional Use for Dormitory Units, pursuant to Land Use Code Chapter 26.425. Planning and Zoning Commission Reso No. , Series 2011. Page 1 of 35 -- 11 • Mountain View Plane Review, pursuant to Section 26.435.050. • Condominiumization, pursuant to Land Use Code Section 26.480.090. • Commercial Design Review, pusuant to Land Use Code Section 26.412. • Right -of -Way Vacations, pursuant to C.R.S. 43 -2 -303 for certain streets and alleyways within the project site. • Extended Vested Rights, pursuant to Land Use Code Chapter 26.308, for a 10 -year period. ; and, WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day of initial application — November 24, 2006, as applicable to this Project; and, WHEREAS, the subject Properties are commonly known as Willoughby Park, Lift One Park, 233 Gilbert Street, 710 South Aspen Street, and 720 South Aspen Street, City of Aspen, Colorado, and as more fully described in Exhibit A, attached hereto; and, WHEREAS, the Application for the Lift One Lodge Subdivision/PUD proposes: On Lot 1— Lift One Lodge: • A multi -story structure consisting of 22 timeshare lodging units divided into one - eighth (1/8) interests with a total of 176 owner interests. With "lock -off' capability, the 22 units represent a total of 84 keys. • 5 free - market residential units. • A sub -grade parking garage with no more than 155 parking spaces, 50 of which dedicated for public use as replacement of lost parking on South Aspen Street and the current Willoughby Park surface parking. 105 spaces are for lodge, commercial, residential, dormitory, and other uses associated with the lodge. • Subgrade utility infrastructure including a ground- source heat system. • A public restaurant and apres ski area. • Fitness facilities. • Lodge guest facilities. • Public access and ski easements. • Ski area operations On Lot 2 — Skiers Chalet Steakhouse: • A relocated and rehabilitated Skier Chalet Steakhouse building containing housing for 16 employees in 8 dormitory -style units. • Subgrade utility infrastructure including a ground- source heat system. On Lot 3 — LW One Park: • A public park. • One lift tower of the historic Lift One apparatus. Planning and Zoning Commission Reso No. , Series 2011. Page 2 of 35 12 • Underground parking (part of the subsurface parking garage on Lot 1) • Subgrade foundations and structural support systems, and utility infrastructure including a ground - source heat system. On Lot 4 — Willoughby Park: • A public park. • A relocated and rehabilitated Skier Chalet Lodge and pool house buildings containing Historical Society Museum. • The historic Lift One terminal and wheelhouse. • A skier drop off area. ; and, WHEREAS, pursuant to Section 26.445, Planned Unit Development, and Section 26.590, Timeshare Development, a Conceptual approval must be granted by the Aspen City Council Prior to Final Review and was granted by the Aspen City Council via Resolution No. 52, Series of 2009; and, WHEREAS, pursuant to Section 26.415.070.D., Certificate of Appropriateness for Major Development, of the Land Use Code, Final approval may be granted by the Historic Preservation Commission (HPC) at a duly noticed public hearing and was granted for the review of Willoughby Park, Lift 1 Park, and Skier's Chalet Steakhouse by the HPC on November 10, 2006, via Resolution No 14, Series of 2010, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Fire Protection District, Environmental Health Department, Parks Department, Parking Department , Aspen/Pitkin County Housing Authority, Public Works Department, and the Transportation Department as a result of the Development Review Committee meeting; and, WHEREAS, pursuant to Section 26.470.040.C.7, Affordable Housing, of the Land Use Code, a recommendation from the Aspen/Pitkin County Housing Authority is required and a recommendation for approval by the board was provided at their March 2, 2011, regular meeting; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the proposed Final PUD and Final Timeshare and recommended approval with conditions; and, WHEREAS, pursuant to Chapter 26.445 of the Land Use Code, Final PUD approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Chapter 26.480 of the Land Use Code, Subdivision approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, Planning and Zoning Commission Reso No. , Series 2011. Page 3 of 35 13 WHEREAS, pursuant to Chapter 26.310 of the Land Use Code, an amendment to the Official Zone District Map (Rezoning) may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Chapter 26.590 of the Land Use Code, Final Timeshare approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Chapter 26.304, Common Development Review Procedures, and Section 26.304.060.B.4, Modification of Review Procedures, all other necessary land use reviews, as identified herein, have been combined to be considered by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, such combination of review procedures was done to ensure clarity of review, was accomplished with all required public noticing provided as evidenced by an affidavit of public noticing submitted to the record, and the public was provided a thorough and full review of the proposed development; and, WHEREAS, the Planning and Zoning Commission reviewed the Application during multiple public hearings in which the recommendations of the Community Development Director and comments from the public were requested and heard by the Planning and Zoning Commission ; and, WHEREAS, during a regular meeting on June 7, 2011, the Planning and Zoning Commission opened a duly noticed public hearing, considered the Application, received presentation from the Applicant including information in Power Point and physical model forms, considered the comments and recommendations of the Community Development Director, considered comments and recommendations of other members of City staff, considered comments and suggestions offered by members of the public, considered questions and responses by staff or the Applicant, considered comments and discussion by Commission members, and continued the public hearing to June 14, 2011, June 21, 2011, July 5, 2011, July 19, 2011, August 2, 2011, August 2, 2011, and August 23, 2011 at which hearings additional presentations, recommendations, information, questions and answers, public comments and suggestions, and Commission discussion occurred; and, WHEREAS, during a regular meeting on August 23, 2011, the Planning and Zoning Commission opened a duly noticed public hearing to consider the Application, found the Project meeting or exceeding all applicable development review standards, and recommended City Council approve the Lift One Lodge Subdivision/PUD Application and all necessary land use reviews, as identified herein, by a to ( - ) vote, with the recommended conditions of approval listed hereinafter. NOW, THEREFORE BE IT RESOLVED that the Planning and Zoning Commission recommends City Council grant the Lift One Lodge Subdivision/PUD Final Planned Unit Development approval, Subdivision approval, Rezoning approval, Final Timeshare approval, Growth Management approval, approval of all associated land use review cited herein, and issue Planning and Zoning Commission Reso No. , Series 2011. Page 4 of 35 14 a Development Order for a Site Specific Development Plan for the Lift One Lodge Subdivision/PUD, subject to the recommended conditions of approval as listed herein. Section 1: Lift One Lodge Subdivision/PUD Plat, Street Vacation Plat, & Final PUD Plans Within one year following the date of final approval by the City Council, the record owners of the underlying lands shall prepare and submit a Subdivision Plat, Street Vacation Plat, and Final PUD Plans for the Lift One Lodge Subdivision/PUD to be reviewed to ensure each item and condition of approval is documented to the satisfaction of the Community Development Director, the City Engineer, and the City Attorney prior to final signatures by the Mayor and recordation. 1.1 A Subdivision Plat that subdivides the land into the following parcels, as depicted on the Proposed Subdivision Map, attached as Exhibit B. Lift One Subdivision/PUD Lot 1: Lift One Lodge Lift One Subdivision/PUD Lot 2: Skiers Chalet Steak House Lift One Subdivision/PUD Lot 3: Lift One Park Lift One Subdivision/PUD Lot 4: Willoughby Park & Ski Museum The Subdivision Plat shall grant certain perpetual easements as follows: a. A easement to the Aspen Skiing Company, the City of Aspen, and the Roaring Fork Mountain Lodge — Aspen, LLC, or successors and assigns, through Lots 1, 3, and 4 for purposes of constructing, operating, and maintaining a surface lift and other associated improvements necessary for uploading skiers from Willoughby Park to a point south of Lot 1 such that a skier could access Lift IA or a relocated Lift 1A. b. An easement granted to the Aspen Skiing Company, the City of Aspen, and the Roaring Fork Mountain Lodge — Aspen, LLC, or successors and assigns, through Lots 1, 3, and 4 for purposes of constructing, operating, and maintaining a skiing corridor and associated improvements and operations necessary for skiing, including creating and maintaining acceptable snow surface conditions for skiing. c. A perpetual public pedestrian access easement through the center portion of Lot 1 proximate to the auto court and through the southerly portion of Lot 2 allowing access to and from South Aspen Street, Lift One Park, and Willoughby Park. d. A perpetual public recreation, access, and maintenance easement through Lots 1, 3, and 4, including those sections of former Gilbert and Hill Street public rights -of -way directly north and south of Lift One Park, allowing continuous access from Willoughby Park through Lift One Park and through the portion of Lot 1 directly south of Lift One Park. e. A perpetual subsurface easement beneath Lot 3, Lift One Park, for the use and benefit of the Lift One Lodge Project for purposes of constructing, accessing, operating, using, .and maintaining a below grade parking garage and other lodge facilities, foundations and structural support systems, and utility infrastructure including a ground source heat system. Planning and Zoning Commission Reso No. , Series 2011. Page 5 of 35 15 f. A perpetual subsurface easement beneath Lots 1 and 3 for the use and benefit of the general public for purposes of accessing and using portions of the parking garage allocated for public use and subject to reasonable restrictions, limitations, and usage fees as outlined in the Lift One Lodge Parking Garage Operations Plan, as may be amended from time to time. g. A six -foot wide "no- build" and maintenance easement along the east and west property boundaries of Lot #3 and along the western property boundary of Lot #4 for the purposes of accommodating sufficient fire protection and fire code compliance for the proposed improvements on Lot #1 and Lot #2 and to accommodate the periodic maintenance of same. 1.2 A Street Vacation/Dedication Plat that accomplishes the following changes to public rights - of -way as depicted on the Proposed Street Vacation/Dedication Map, attached as Exhibit C: a. Vacation of the eastern 37.5 feet of South Aspen Street from the centerline of Hill Street north to the southern edge of Deane Street and excluding portions of said area associated with the proposed turn- around and drop -off area at the corner of South Aspen and Deane Street. b. Dedication to public right -of -way an area within the northwest portion of Lot #4, Willoughby Park, associated with the proposed tum- around and drop -off area at the corner of South Aspen and Deane Street. The final design and exact dimensions of this dedication shall be as depicted and described in the Subdivision Plat. c. Vacation of the northern 25 feet of Hill Street east of the centerline of South Aspen Street to the eastern boundary of the Eames Addition. d. Vacation of the remaining dedicated portions of the alleyway of Block 9, Eames Addition. e. Vacation of a Utility and Alleyway Easement encumbering the eastern 10 feet of Lot 2 Block 9, Eames Addition, recorded at Book 203, Page 375. f Vacation of Gilbert Street from the centerline of South Aspen Street east to a line extending south from the boundary between Lots 11 and 12 of Block 8 and connecting to the boundary between Lots 3 and 4 of Block 9, Eames Addition. g. Vacation of Juan Street east of the South Aspen Street right -of -way to the eastern boundary of the Eames Addition. h. Vacation of the alleyway of Block 8, Eames Addition. i. Vacation of the alleyway of Block 7, Eames Addition. j. For the purposes of calculating Floor Area for development on Lots #1 and #2, the areas of the vacated rights -of -way shall not be deducted from Lot Area. 1.3 A Final PUD Development Plan Set that includes: a. An illustrative site plan showing the layout of planned improvements as depicted in attached Exhibit D. Planning and Zoning Commission Reso No. , Series 2011. Page 6 of 35 15 b. An architectural character plan showing the massing, fenestration, and materials of each building as generally depicted in attached Exhibit E. c. Dimensioned drawings of all buildings proposed within the project showing dimensions for all zoning parameters in graphic and tabular format. Project dimensions approved for the project are as described in Exhibit F. Heights of building shall be in substantial conformance with those depicted in attached Exhibit G. d. An exterior lighting plan meeting the City's outdoor lighting limitations. e. Illustrative plans for the reconstruction of South Aspen Street and for that section of Deane Street right -of -way between the South Aspen Street and South Monarch Street. The Plan shall be coordinated with the City of Aspen Community Development, Parks, and Engineering Departments. All, or a portion, of the $250,000 allocated to Deane Street improvements by Ordinance No. 32, Series of 2005 (the Chart House contribution) shall be allocated by the City for the design and implementation of these improvements. The skier drop off area planned for the intersection of Deane and South Aspen Streets shall be Option 2 of Exhibit 4 of the civil plan supplemental to the application submitted May 5, 2011, prepared by SGM Engineering. The design for South Aspen Street north of Deane Street shall be Option 2 of Exhibit 2 of the civil plan supplemental to the application submitted May 5, 2011, prepared by SGM Engineering. f. A Master Utility Plan including profiles and sections. g. A Drainage Plan and report that complies with the City's Urban Runoff Management Plan. Pursuant to review by the City Engineer, the initial drainage concept appears to comply. In addition to site drainage, the project will have to address street drainage. The project proposes to change the hydraulics and capacity of Aspen Street's drainage system. Therefore, the project will be required to install curb, gutter and other drainage control features (such as inlets and piping) on both sides of the street. (Also see infrastructure investment recapture provisions of sections 3.1, 3.2, and 3.3.) Because the enhanced sanding method for maintaining Aspen street in winter months will have negative impacts on street runoff water quality, the City Engineer recommends additional water quality mitigation efforts. The project will need to provide plans for water quality treatment of Aspen Street runoff. The proposed island off of Deane Street and the bulb outs on South Aspen Street may be potential locations for water quality improvements as determined acceptable by the City Engineer and City of Aspen Parks Department. h. An Interpolated Natural Grade Plan. i. A Tree Removal and Mitigation Plan. j. A Landscape Plan for each of the four lots. The landscape plans should be reviewed and approved by The Parks Department with a required signature on the Landscape sheets. To the extent practical, planting strips within the right -of -way should provide 5 feet or more in width between the back of curb and the edge of the sidewalk. Planting strips should be designed with 4 feet of good quality topsoil and growing media. The Applicant will be required to use structural soils where a non - compacted continuous root zone cannot be provided. These soils will be required within the City Rights of Way Planning and Zoning Commission Reso No. , Series 2011. Page7of35 17 and/or as may be required on the private property. Structural Soils are applicable in situations where tree rooting potential is insufficient in designated planter areas adjacent to sidewalks. Spacing and type of tree must be coordinated with the Parks Department. Sidewalks shall be designed and built in a manner that reduces the impact to existing trees and roots systems. All sidewalks located within the drip line of trees to be saved shall be built on grade in a manner that allows for the sub -grade prep and sidewalk to float over the roots preventing any excavation into the soil. All work in protection zones is to be accomplished by handwork only, without machines. Plantings with the City right -of -way must be approved by the City Parks Department. All plantings along the edge of private property and the City ROW should be of size and species which will not require major maintenance, pruning, or trimming due to over growth. Tree lighting electrical conduits must comply with City of Aspen standards; The landscape plans shall include provision of irrigation connections that provide adequate pressure and coverage, for landscaped areas of the right -of -way and the two public parks. The City shall be provided adequate access to maintain and control irrigation of the two public parks. The Development Agreement shall address maintenance, control, and responsibilities for the irrigation for these two parks to the satisfaction of the Parks Department. Section 2: Rezoning Contemporaneously with and effective upon the recording of the Subdivision and Street Vacation Plats the Lots within this Subdivision, as described above and reflected in the Subdivision Plat, shall be zoned as follows: Lot 1: Lodge, Planned Unit Development (L -PUD) Lot 2: Lodge, Planned Unit Development (L -PUD) Lot 3: Public, Planned Unit Development, Historic (P- PUD -H) Lot 4: Public, Planned Unit Development, Historic (P- PUD -H) Section 3: Development Agreement Contemporaneously with the recording of the Subdivision and Street Vacation Plats, the record owners of the lands within the Lift One Lodge Subdivision/PUD shall prepare, execute and record a Development Agreement meeting the requirements of Section 26.445.070.0 to be reviewed to ensure each item and condition of approval is documented to the satisfaction of the Community Development Director, the City Engineer, and the City Attorney prior to final signatures by the Mayor and recordation. The Development Agreement shall set forth a description of the proposed improvements and obligations of the parties, including the following: 3.1 The reconstruction of South Aspen Street, Deane Street, and associated sidewalks, curbing and drainage improvements as depicted in the Final PUD Plans. The Development Agreement shall include a provision that the City shall require that in the event property owners adjacent to improved portions of South Aspen Street seek improvements to their Planning and Zoning Commission Reso No. , Series 2011. Page 8 of 35 property such property owners shall be responsible for their prorata share of the cost of the improvements associated with this section and such costs shall be reimbursed to the Applicant prior to the adjacent property owner receiving their building permit. The prorata share shall be further defined in the Development Agreement but generally will be based upon linear feet of frontage along South Aspen Street as compared to the total amount of property frontage along South Aspen Street. The City of Aspen as owner of property along South Aspen Street shall not be subject to this reimbursement as their prorata share shall be borne by the Applicant. 3.2 The installation and/or relocation of all utilities depicted and described in the Master Utility Plan of the Final PUD Plans. The Development Agreement shall include a provision that the City shall require that in the event property owners adjacent to improved portions of South Aspen Street seek improvements to their property such property owners shall be responsible for their prorata share of the cost of the improvements associated with this section and such costs shall be reimbursed to the Applicant prior to the adjacent property owner receiving their building permit. The prorata share shall be further defined in the Development Agreement but generally will be based upon linear feet of frontage along South Aspen Street as compared to the total amount of property frontage along South Aspen Street. The City of Aspen as owner of property along South Aspen Street shall not be subject to this reimbursement as their prorata share shall be borne by the Applicant. 3.3 The installation of all drainage facilities depicted and described on the Drainage Plan of the Final PUD Plans. The Development Agreement shall include a provision that the City shall require that in the event property owners adjacent to improved portions of South Aspen Street seek improvements to their property such property owners shall be responsible for their prorata share of the cost of the improvements associated with this section and such costs shall be reimbursed to the Applicant prior to the adjacent property owner receiving their building permit. The prorata share shall be further defined in the Development Agreement but generally will be based upon linear feet of frontage along South Aspen Street as compared to the total amount of property frontage along South Aspen Street. The City of Aspen as owner of property along South Aspen Street shall not be subject to this reimbursement as their prorata share shall be borne by the Applicant. 3.4 Identification of all public improvements to be subject to Section 3.15 Financial Assurance and Performance Bond. This shall include provision of $62,000 for purchase and outfitting a sanding truck for the City of Aspen dedicated for South Aspen Street winter maintenance and a lump sum payment of $20,000 for the annual provision of special sanding material. 3.5 An agreement to provide a public locker facility. The facility shall have a mix of 40 day lockers, 50 seasonal lockers and 40 shoe cubbies all in no less than 900 square feet with direct access to the ski corridor as represented in the Final PUD Application. The seasonal lockers shall be made available to the general public free of charge on a seasonal basis via a valley -wide lottery and daily lockers and cubbies on a first come, first served basis. The seasonal locker rental agreements shall prohibit assignment and subrental. Planning and Zoning Commission Reso No. , Series 2011. Page 9 of 35 19 3.6 An agreement to provide a dedicated maintenance /storage facility of up to 290 square feet (Note: Applicant needs to confirm this with Parks) within the parking garage for the use by the City of Aspen Parks Department for the storage of maintenance vehicles used for maintenance of parks facilities located within the central area of Aspen. 3.7 A Modified Historical Society Ski Museum Lease Agreement between the Historical Society and the City of Aspen, with approval from the City Attorney's Office and the Parks Department. The lease agreement will be modified to include an operations plan clearly indentifying and describing the leased areas within Willoughby Park and general operating characteristics of the museum including typical operation, special events, outdoor uses, outdoor displays /exhibits, permitting responsibilities, and maintenance responsibilities of the grounds. The operations plan shall describe public access to the museum, and limits thereto, and provide flexibility for insignificant changes from time to time. The operations plan shall recognize and permit public access to all exterior areas of Willoughby Park, excluding exterior areas restricted for safety, security, or similar considerations, and shall permit pedestrian and skiing access in and through these exterior areas. The operations plan shall specify expectations and responsibilities regarding maintenance of improvements and the grounds, including irrigation, and shall include enforcement provisions and remedies. The operations plan shall permit occasional changes to the operating characteristics of the property and the responsibilities of the parties by approval of the City Manager and the Historical Society Director. If the Manager and the Director cannot agree, the changes shall be forwarded to the Aspen City Council for resolution. Failure to agree on an operations plan shall not unreasonably restrict the Applicant from proceeding with finalizing other required documents or proceeding with other aspects of the development plans. If necessary, this provision may be amended to be finalized prior to issuance of a Certificate of Occupancy on the museum building. 3.8 A Skiing & Snow Surface Conditioning and Maintenance Agreement between the Applicant and the City of Aspen to regularly groom and maintain the snow conditions in the surface lift corridor from Willoughby Park to the Lift IA terminal. The agreement shall allow a third party operator to provide this service. This agreement may include operational provisions and usage limitations for safety and functional reasons. This agreement shall not prohibit the making, moving, spreading, and grooming of this area and preparing of an artificial snow base in the ski and surface lift corridor in accord with typical annual snowmaking, terrain opening logistics, and mountain operations. 3.9 A final Transportation Management Plan, approved by the Transportation Director. The conceptual plan is acceptable, as outlined in the April 27, 2011, TDA Traffic Analysis in the TDM section on pages 22 and 23. The following changes are required: a. Provision of a Lift One Lodge Garage Operations Plan for the 50 public parking spaces including pricing, entry /exit technology, residential permit distribution and monitoring, carpool parking distribution and monitoring, enforcement and special event usage. Staff requests the designated parking spaces for carshare and carpool uses be combined to a pool of 11 TDM - related parking spaces that can be utilized for either use as determined Planning and Zoning Commission Reso No. _, Series 2011. Page 10 of 35 L IO appropriate by the City Parking Director every two years during the first 10 years. For example these spaces could become 3 carshare spaces and eight carpool spaces or whichever combination is deemed appropriate at that time. b. A reporting requirement every two years for the first 10 years to include garage usage trends and TDM program participation. At each two -year cycle, elements of the Plan may be changed as needed and as acceptable to the City Transportation Director and the Applicant. 3.10 Timeshare and Transfer Disclosure Documents. An agreement to incorporate the requirements and restrictions of the City's Timeshare Regulations into the final timeshare instruments, including State requirements, provisions for reserve funds for ongoing maintenance, prohibited practices and uses, limits on marketing techniques, a prohibition against long -term storage of owner vehicles, and prohibitions on offering non -Aspen gifts within a marketing plan. Real estate transfer documents shall include disclosure of the future construction, operation, and maintenance of a surface lift uploading skiers from Willoughby Park to a point south of Lot 1 through the easement described in Section 1.1.a, above, and in the recorded Subdivision Plat. Real estate transfer documents shall include disclosure of the future construction, operation, and maintenance of a skiing corridor and associated improvements and operations necessary for skiing, including creating and maintaining acceptable snow surface conditions for skiing through the easement described in Section 1.1.b, above, and in the recorded Subdivision Plat. Real estate transfer documents shall include disclosure of the public rental requirement for time spans not utilized by owners as cited below in section 3.12 and as included in the Condominium Declaration. 3.11 Occupancy report. After the third and fifth years of lodge operation the Applicant shall be required to provide an occupancy report. The report shall include occupancy rates by month, season, and year and by type of occupant (i.e. owner or general public). This report shall be submitted to the Community Development Director and shall be made available to the Planning and Zoning Commission and the City Council. 3.12 A public rental requirement assuring that unused lodge rooms will be available to the general public at market rates so as to encourage their rental. Such rental requirement shall be documented in the Lift One Lodge Condominium Declaration and shall contain a provision that this requirement cannot be eliminated from the Condominium Declaration without approval from the City of Aspen City Council. 3.13 A plan for dormitory operations, including the following: a. A statement by the Applicant that the deed restriction and subsequent rental rate restrictions are being provided voluntarily by the Applicant. b. The template lease for the on -site dormitory units must be reviewed by APCHA along with the initial rental amount as it is not stated in the Guidelines. Once the rental amount is set Planning and Zoning Commission Reso No. , Series 2011. Page 11 of 35 - - - - - -- 21 and stated in the recorded deed restriction, the rent may increase annually by the lesser of 3% or the Consumer Price Index, as such index is stated in the APCHA Guidelines. c. The dormitory units must be rented to qualified employees within Pitkin County and must be qualified through APCHA prior to occupancy. The owner must provide signed leases to APCHA within five days of both parties' signatures. If the owner is unable to fill the units with employees of the development, than the units shall be leased to other qualified employees. The leases shall be for at least a six -month period of time. d. The owner /operator of the dormitory units must provide and maintain the following amenities for use by the tenants: a common laundry facility in the basement area; eight reserved parking spaces within the Lift One Lodge parking garage; sixteen storage units (one for each resident) in the basement area; a fully functional kitchen and common area. e. The ongoing maintenance and upkeep of the dormitory units. f. Paid memberships to the car-to -go program for dormitory residents for the first 5 years of operation of Lift One Lodge. 3.14 An Employee Generation Audit and Reconciliation. The Applicant shall agree to submit an employee generation audit two years after operations have commenced and reconcile any difference in actual additional employees and mitigated employees. The agreement shall require mitigation of additional employees be provided through the provision of housing units within the Urban Growth Boundary including "buy- downs ", the provision of cash -in- lieu at the rate applicable on the date of payment, the provision of employee mitigation credits for extinguishment, or a combination thereof. The Applicant shall agree that the City may revoke the Certificate of Occupancy for Lift One Lodge as a remedy if after proper notice and remedy to cure the Applicant fails to provide required additional mitigation within a reasonable timeframe or other such remedies as identified in the Development Agreement. Credit for actual additional employees being less than mitigated shall be reconciled by City issuance of employee mitigation credits in the amount of overage. 3.15 Financial Assurances & Performance Bond. The Development Agreement shall include the Applicant's commitment and agreement that before a Building Permit is issued for the Lift One Lodge on Lot #1, the Applicant shall provide to the Community Development Director and the City Attorney for review and approval satisfactory evidence that the Applicant has in place sufficient financing to accomplish and complete the construction of the development, including all public improvements required under the Development Agreement and covered by the Building Permit. Such financing may include, without limitation, a construction loan from an institutional lender or lenders and equity capital investments from the Applicant and/or third party investors. Supporting cost estimates for all improvements covered by the requested Building Permit shall be prepared by the Applicant's General Contractor. Planning and Zoning Commission Reso No. , Series 2011. Page 12 of 35 LL The Applicant shall further commit and agree that before a Building Permit is issued for the Lift One Lodge on Lot #1, the Applicant shall provide to the Community Development Director and the City Attorney for review a copy of a Performance and Payment Bond issued or committed to be issued to the Applicant's General Contractor by an institutional surety company. The Performance and Payment Bond shall name the Applicant as the beneficiary or insured thereunder to grant them a direct right of action under the Performance and Payment Bond in order to construct or finish public improvements, and to complete the construction of the improvements covered by the Bond. Separately, the Applicant shall provide the City of Aspen with an assignment of its rights under the Performance and Payment Bond. 3.16 Site Protection Fund. The Development Agreement shall include the Applicant's commitment and agreement that before a Building Permit is issued for the Lift One Lodge on Lot #1, the Applicant will deposit with a title company ( "Escrow Agent ") the sum of $100,000 in the form of cash or wired funds (the "Escrow Funds ") and will execute an Escrow Agreement and Instructions with the Escrow Agent which recites and agrees as follows: In the event construction work on Lift One Lodge on Lot #1 shall cease for sixty (60) days or longer (`work stoppage') without a cure of such work stoppage after fifteen days (15) days notice by the City and such work stoppage not being a result of any event of force majeure, prior to a final inspection by the City of the work authorized by the Foundation/Structural Frame Permit on the Project, then the City in its discretion may draw upon the Escrow Funds from time to time as needed for purposes of protecting and securing the Project site and improvements from damage by the elements and/or from trespass by unauthorized persons, and for purposes of improving the Project site to a safe condition such that it does not become an attractive nuisance or otherwise pose a threat to neighbors or other persons. The Escrow Funds or any remaining balance thereof shall be returned to the Applicant upon completion by the City of a final inspection of the work authorized by the Foundation/Structural Frame Permit on the Project. The City shall be a named third party beneficiary of the Escrow Agreement with the express right and authority to enforce the same from time to time. 3.17 Cross - References. The Development Agreement shall include cross - references to recorded plats, easements, agreements, and PUD plan sets as described herein. 3.18 Tramway Variance. Documentation of the State Tramway Board variance provided for the surface lift. Section 4: Growth Management and Affordable Housing Obligations 4.1 Reconstruction Credits. City Council Resolution No. 52, Series 2009 confirmed the following reconstruction credits have been verified by the City of Aspen and shall be Planning and Zoning Commission Reso No. , Series 2011. Page 13 of 35 23 credited towards the Growth Management Quota System allotment and affordable housing requirements of the Lift One Lodge Project. a. A total of 38 lodging reconstruction credits consisting of 20 lodge units in the former Holland House Lodge; 10 lodge units in the former Skiers Chalet Lodge; and 8 lodge units in the former Skiers Chalet Steak House are credited towards the Lift One Lodge Project's lodging GMQS allotment request. The 38 reconstruction credits equate to 76 lodging pillows for allotment purposes. b. One free market residential reconstruction credit from the former Holland House Lodge is credited towards the Lift One Lodge Project's free market residential GMQS allotment request. c. A commercial reconstruction credit of 2,429 square feet of net leasable area from the Skiers Chalet Steak House is credited towards the Lift One Lodge Project's commercial GMQS allotment request. 4.2 Growth Management Allotments. The following growth management allotments are granted to the Lift One Lodge Project: a. 46 lodging bedrooms = 92 lodging pillows. Added to the reconstruction credits, the project represents 84 lodging bedrooms or 168 pillows. b. 4 free market residential allotments. Together with the reconstruction credits, the project contains 5 free - market residences. c. 3,560 square feet of net leasable commercial space. Added to the reconstruction credit of 2,429 square feet, the project contains 5,989 square feet of commercial net leasable space. The gross commercial space is planned to be 7,047 and minor adjustments to the final net leasable figure may occur. d. 8 units of affordable housing situated in a dormitory -style building on Lot #2 and housing 16 employees. The building is approximately 3,184 square feet of floor area plus additional basement space. e. An essential public facility - the ski museum owned and operated by the Aspen Historical Society, a not - for - profit organization. The building and former pool house is approximately 4,320 square feet of floor area with additional basement space. 4.3 Lift One Lodge Employee Generation. The Applicant has committed to provide affordable housing mitigation for 100 percent of the net additional employees generated by the lodging project. This exceeds the 60% requirement. The Project's employee generation is as follows: Employee Mitigation Generation Requirement (FTEs) (FTEs) The Lift One Lodge Project contains 84 lodge bedrooms and has a reconstruction credit of 38 bedrooms. The 23.0 6.9 Project's 46 net new lodge bedrooms are expected to generate 23 employees. Planning and Zoning Commission Reso No. , Series 2011. Page 14 of 35 L4 The Project will contain 5,989 square feet of commercial space of which 2,429 is a reconstruction credit from the Skiers Chalet Steakhouse. The Project's additional net 11.27 3.38 leasable commercial space of 3,560 square feet is expected to generate 11.27 employees. The Project will contain 5 free - market residences, one of which is a reconstruction credit from the former Holland House. The City does not have `employee generation' 3.35 3.35 requirements for residences, but does have inclusionary requirements and replacement requirements. The Project's four new free market residences require housing for 2.1 employees. The replacement unit requires housing for 1.25 employees. Additional employees generated 37.62 Minimum mitigation required 13.63 Mitigation required at 100% 37.62 4.4 Lift One Lodge Employee Housing Requirement. A total of 37.62 additional employees are expected to be generated by the Lift One Lodge project and the applicant has represented a commitment to mitigate 100% of this impact. The applicant is providing on -site dormitory units for 16 employees. The additional mitigation of 21.62 FTE's must be provided through the provision of housing units within the Urban Growth Boundary including "buy- downs ", the provision of cash -in -lieu at the rate applicable on the date of payment, the provision of employee mitigation credits for extinguishment, or a combination thereof, prior to issuance of a Certificate of Occupancy for Lift One Lodge. Off -site for -sale units shall be transferred according to the APCHA Guidelines. Off -site rental units shall be available to all qualified employees in Pitkin County, although the applicant shall maintain the right to place qualified employees of the Lift One Lodge. 4.5 Ski Museum Employee Housing Requirement. The Community Development Director finds the Museum meeting the definition of an Essential Public Facility (a facility which serves an essential public purpose is available for use or benefit of the general public and serves the needs of the community). The Aspen Historical Society is a not - for - profit organization with a mission of enriching the community through preserving and communicating Aspen's remarkable history. They are supported through donations, limited fee services, and the Aspen Historic Park and Recreation District property tax. The facility is proposed to serve educational needs of the community and will be for the use and benefit of the general public. Planning and Zoning Commission Reso No. , Series 2011. Page 15 of35 25 The employee needs for the museum are expected to be handled through existing staffing with minimal additional demand. In light of the project's overall commitment to affordable housing and the significance of preserving and enhancing the Aspen's skiing legacy, the employee housing requirements of the Museum are waived. Section 5: Building Permit Submission Requirements In addition to the standard submission requirements for a building permit, the Applicant shall submit the following: a. A signed copy of the Final HPC Resolution, the final City Council Ordinance and the Development Agreement granting land use approvals. b. A letter from the primary contractor stating that the Final HPC Resolution, the final City Council Ordinance, and the Development Agreement have been read and understood. c. A tree removal plan and a tree protection plan. (See Section 10) d. Detailed civil plans for the reconstruction of South Aspen Street, Deane Street, and associated sidewalks, curbing and drainage improvements as depicted in the Final PUD Plans. e. Detail civil plans for the installation and/or relocation of all utilities depicted and described in the Master Utility Plan of the Final PUD Plans f. Detail civil plans for the installation of all drainage facilities depicted and described on the Drainage Plan of the Final PUD Plans; g. A signage plan for approval by the parking and Engineering Departments signing both sides of Aspen Street as No Parking Fire Lane; signing the public parking spaces within the turn- around as Emergency and Official Vehicles Only; and specifying sign receivers to be placed during construction. Section 6: Building Permit Issuance Requirements In addition to the standard requirements for issuance of a building permit, the following conditions must be met prior to issuance of a building permit: a. The Applicant shall pay all impact fees and school lands dedication fees applicable at the time of building permit submission, payable upon issuance of the full building permit. b. The Applicant shall provide sufficient evidence of financing and a performance bond, as required in Section 3.15. c. The Applicant shall provide site protection escrow funds, as required in Section 3.16. d. The Applicant shall provide $150,000 towards the relocation costs of the Willoughby Volleyball Courts. This is in addition to Parks Impact Fees. This requirement only applies to the first building permit for Lot #4 — the Ski Museum, including an Access/Infrastructure permit, and shall represent the complete obligation of the Applicant regarding volleyball Planning and Zoning Commission Reso No. , Series 2011. Page 16 of 35 26 relocation. The funds shall be placed in a separate account within the City of Aspen Parks Department so as to assure their use for volleyball court replacement. e. The design for Lift One Lodge shall be compliant with projected mudflow impacts and recommended design accommodations as identified in the mudflow and debris study prepared by the Applicant and reviewed by the City of Aspen Engineering Department. f Lift One Lodge shall be designed to a "highrise" standard for fire protection and be acceptable to the Fire Marshall and as described in the May 13, 2011, Hughes Associates letter. g. The final application represented that the Lift One Lodge will meet specific energy performance measures and commitments equivalent to LEED Gold certification. Prior to issuance of a Building Permit for the Lift One Lodge, sufficient evidence, such as an acceptance of the project registration and a LEED Design Review that indicates the appropriate points are "anticipated" or "pending ", demonstrating the project has been designed to meet this standard shall be presented to the Chief Building Official for acceptance. In case the LEED process has changed prior to submittal, the Chief Building Official shall determine the equivalent requirement for documenting progress toward LEED Gold certification. Section 7: Construction Management Plan Requirements A construction management plan must be submitted to the City Engineer in conjunction with the first building permit application within the project (excluding permits for repairs and upkeep of existing buildings). The plan must include a planned sequence of construction that minimizes construction impacts to the public. If the project is bifurcated into phases, a CMP for each phase will be required. The plan shall describe management of: parking, staging /encroachments, truck and construction traffic during peak traffic and seasonal periods, noise, dust, erosion/sediment pollution, and emergency access during construction. Any Construction Management Plan for work within the project shall accommodate the annual Winternational event operations to the satisfaction of the local FIS event coordinator and the Aspen Skiing Company. This may include work stoppage on event days. Section 8: Measurements Height. Due to the nature of this site and consistent with the approach taken in the review of this project, the maximum height for development within this project, shall be calculated and depicted in the building permit submission as the maximum distance possible measured vertically from interpolated natural grade to the highest point or structure within a vertical plane. Architectural and mechanical appurtenances including but not limited to elevator overruns, mechanical equipment, antennas, chimneys, flues, vents, trellises, or similar structures shall be depicted and not extend over ten (10) feet above the specified maximum height limit and be limited to areas fifteen (15) or more feet from the outermost wall edges. Lot Area. For the purposes of calculating Floor Area for development on Lots #1 and #2, the areas of the vacated rights -of -way shall not be deducted from Lot Area. Planning and Zoning Commission Reso No. , Series 2011. Page 17 of 35 27 Floor Area. Due to the nature of this site and consistent with the approach taken in the review of this project, floor area shall be calculated as that floor space within the surrounding exterior walls as measured from the outside face of the nominal structure. For any story that is partially above and partially below interpolated natural grade, only the floor space above the point at which interpolated natural grade crosses the subfloor elevation of that story shall be counted towards floor area. The floor area tabulation shall include a separate measurement for decks, balconies, exterior stairways, gazebos, porches, and similar features. Areas exempt from the calculation of Floor Area shall be those areas identified in the Land Use Code in effect on the day of initial application — November 24, 2006, as applicable to this project. There is no limitation for at -grade landscape terraces. Reversion to Current Code. The above provisions for measuring improvements shall be in effect through the issuance of a Certificate of Occupancy for each building, plus six months. Upon reversion, all built improvements and dimensions thereof shall be considered conforming. Subsequent improvements shall be measured according to the method in effect at the time of building permit submission for such improvement. Section 9: Ground Stability Monitoring The existing inclinometer shall continue to be maintained by the Applicant with bi- annual readings taken through issuance of a Certificate of Occupancy for the Lift One Lodge. The Building Permit application shall include a report on the readings and a subsequent report is required prior to issuance of a Certificate of Occupancy. Section 10: Tree Permits and Protection Requirements Tree removal permits are required prior to issuance of a building permit for any demolition or significant site work. The City will issue a removal permit for the large spruce tree located on the corner of Gilbert and S. Aspen Streets. Please contact the City Forester at 429 -2026. 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. 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. The plan shall include provision of six inches of mulch within each protection zone. The plan shall include irrigation of the protected vegetation throughout the entire length of the construction. The contractor must supply water to the trees at a rate which is appropriate for proper health. Due to the proximity and nature of the excavations, the protective zones will be required to be twice the width of the drip lines. Excavations within the protection zones shall be minimized and must utilize vertical excavation only, with no over digging. These excavations must be soil stabilized in a manner that prevents over excavation of the site. This will require a one sided pour for all foundation walls located Planning and Zoning Commission Reso No. , Series 2011. Page 18 of35 LtS within these protection zones. Areas of roots cutting shall require burlap protection to cover over the cut roots and additional watering in order to keep the soil and burlap moist along the cutting edge. A vegetation protection fence shall be erected at the protective zone edge for each individual tree or groupings of trees remaining on site. This fence must be installed and inspected by the City Forester or his/her designee prior to issuance of a building permit for demolition or significant site work. The protective fencing and vegetation protection protocols shall remain in place through -out the construction period or as otherwise allowed to be removed by the City Forester. Section 11: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. Since an upgraded main sanitary sewer line will be required to serve this new development, a "Line Relocation Request" and a "Collection System Agreement" will be required, both of which are ACSD Board of Director's action items. Generally one tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. A wastewater flow study is required for this project to be funded by the Applicant. The Applicant's engineer must provide the district an estimate of anticipated daily average and peak flows from the project. If the study projects flows exceeding the planned reserve capacity of the existing collection system or treatment system, an additional proportionate fee will be assessed to eliminate the downstream collection system constraint, the treatment capacity constraint, or both constraints. Additional proportionate fees would be collected over time from all development in the area of concern in order to fund the improvements needed. If the study projects flows exceeding the existing capacity of the current collection system or treatment facility, the development will be assessed fees to cover the costs of replacing the entire portion of the system that would be overwhelmed. In this case, the District will fund the costs of constructing reserve capacity in the area of concern (only for the material cost difference for a larger line). The District will not approve a recapture provisions. The final design must provide enough room for all utilities in the re- design of Aspen street to accommodate the main sanitary sewer line relocation according to ACSD specifications. ACSD will administer and construct the proposed new main sanitary sewer line in Aspen Street at the developer's expense. The main sanitary sewer line relocation will have to be extended approximately an additional 200 feet to the south to accommodate the upper traffic circle in Aspen Street, the Ski Company's on mountain sewer line, and the service line for the Shadow Mountain Condominiums. When new service lines are required for existing development the old service lines (3) must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements and prior to all soil stabilization activities. On -site sanitary sewer utility plans require approval by ACSD. On -site drainage and landscaping plans require approval by the district, must accommodate ACSD service requirements and comply with rules, regulations and specifications. Permanent improvements are Planning and Zoning Commission Reso No. , Series 2011. Page 19 of 35 29 prohibited in areas covered by sewer easements or right of ways to the lot line of each development. Below grade development will require installation of a pumping system. Plumbing plans for the pool and spa areas require approval of the drain size by the district. Glycol snowmelt and heating systems must have containment provisions and must preclude discharge to the public sanitary sewer system. All clear water connections are prohibited (roof, foundation, perimeter, patio drains) including trench drains for the entrances to underground parking garages. Oil and Grease interceptors are required for all new and remodeled food processing establishments. Oil and Sand separators are required for public vehicle parking garages and vehicle maintenance facilities. The elevator drains must also be plumbed to the o/s interceptor. Plans for interceptors, separators and containment facilities require submittal by the applicant and approval prior to a building permit application. The district will be able to respond with more specific comments and requirements once detailed building and utility plans are available. All ACSD total connection fees must be paid prior to the issuance of a building permit. Amendments to the above requirements agreed to in writing by the Applicant and the Aspen Consolidated Sanitation District shall supersede the sanitation requirements listed herein. Section 12: Requirements for Issuance of Certificate of Occupancy on Lift One Lodge Prior to the issuance of the Certificate of Occupancy for Lift One Lodge, the following conditions must be met: a. Completion of the improvements to Deane Street as described in the Final Plat, PUD Plans and Development Agreement. An additional surety at twice the remaining estimated costs of improvements may be accepted by the City to address timing issues related to seasonal construction or other practical issues. b. Approval and filing of a deed restriction for the affordable housing units located in the Skier Chalet Steakhouse building. c. Voluntary transfer of 1 /10 of one percent undivided interest in the dormitory units on Lot #2 to the City of Aspen to the extent determined necessary by the City Attorney. d. Issuance of a Certificate of Occupancy for the affordable housing units located in the Skier Chalet Steakhouse building. e. Completion of the Ski Museum building located on Lot #4 to a "white box" or "shell" level of finish. This shall be met either through issuance of a Certificate of Occupancy for the building or by completion of all structural, utility, grading/drainage, access /egress, ADA, fire protection, and fenestration improvements covered by the building permit and all exterior improvements required by the final HPC approval for the Ski Museum. f. Provision of employee housing for 21.62 FTE's through the provision of housing units within the Urban Growth Boundary including "buy- downs ", the provision of cash -in -lieu Planning and Zoning Commission Reso No. , Series 2011. Page 20 of 35 30 at the rate applicable on the date of payment, the provision of employee mitigation credits for extinguishment, or a combination thereof. g. Provision of $600,000 to be held in escrow by the City of Aspen for the eventual planned installation of a surface ski lift (a.k.a. platter lift) with an expected terminal facility located in Willoughby Park adjacent to the Ski Museum and taking skiers uphill to the existing or relocated Lift 1A terminal. This $600,000 shall be held in a separate account that is specifically earmarked for the purpose of a surface lift. In the event that there is not a surface lift installed within 5 years of the Certificate of Occupancy of the Lift One Lodge, upon agreement between the City Council and the Applicant, such funds may be made available for contribution to an alternative means of transporting skiers from Willoughby Park to Lift 1 A. h. The final application represented that the Lift One Lodge will meet specific energy performance measures and commitments equivalent to LEED Gold certification. Prior to issuance of a Certificate of Occupancy for the Lift One Lodge, a final tabulation certified by the Project Architect and a Commissioning Report will be submitted that verifies each of the components that were a part of the LEED Design Review noted in Section 6 were completed as a part of the project. This tabulation shall be presented to the Chief Building Official for acceptance. i. Provision of $62,000 to the City for a sanding truck dedicated for winter maintenance of South Aspen Street and a lump sum payment of $20,000 for future sanding materials that are unique to the site. Section 13: Willoughby Park, Lift One Park, & Volleyball The Parks Department and The City of Aspen appreciate the Applicant's commitment to contribute $150,000 towards the relocation costs of the Willoughby Volleyball Courts. Payment of this shall represent the complete obligation of the Applicant regarding volleyball relocation. The City will decommission the volleyball court on Willoughby Park prior to or upon issuance of an Access /Infrastructure permit for Lot #4. Section 14: Environmental Health Department The State of Colorado mandates specific mitigation requirements with regard to asbestos. Additionally, code requirements to be aware of when filing a building permit include: a prohibition on engine idling, regulation of fireplaces, fugitive dust requirements, noise abatement and pool designs. Section 15: Water 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. Utility placement and design shall meet adopted City of Aspen standards. Section 16: Outdoor Spaces Outdoor terraces, balconies, decks, trellised areas, and the pool deck may have umbrellas, canopies, awnings, trellises, fans, portable or integrated heating elements, and similar devices to Planning and Zoning Commission Reso No. , Series 2011. Page 21 of 35 31 facilitate comfort and use of these exterior spaces. These spaces shall not be enclosed with temporary or permanent walls /windows or otherwise enclosed as interior conditioned space without an amendment to this approval. Section 17: Public Restaurant and Apres Ski Deck The final application has represented and provided assurance that the entirety of the restaurant located on level 3 and a portion of the apres ski deck located on level 4 will be accessible to the general public and will not be an owners -only amenity. This does not prohibit the applicant or operator from limiting public access from time to time in the normal course of business. This obligation shall be memorialized in the Development Agreement. Any changes that limit the public's access to the publicly accessible portions of this amenity (i.e. an owners -only or similarly restricted amenity) shall require a substantial amendment of the PUD. Section 18: Skiers Chalet Steakhouse and Lodge Buildings Prior to redevelopment, the Skiers Chalet Steakhouse (a designated historic landmark) and the Skiers Chalet Lodge (proposed for re -use) shall be maintained in a reasonable state of repair by its owner. Periodic access shall be afforded the City's Historic Preservation staff to view the condition of the buildings and to conduct follow up visits to ensure that the resources are not becoming damaged through neglect. The Skiers Chalet Lodge and Skiers Chalet Steakhouse may continue to be utilized, including necessary upgrades, as housing for working residents prior to relocation and redevelopment of the buildings. The continued temporary use as housing shall not affect a change in use in the properties and shall not be subject to the City's Housing Replacement Program. All building and fire codes must be met. Relocation and rehabilitation of these two structures and the old lift one stanchion within Lift One Park shall be according to the allowances and limitations of the final Historic Preservation Commission approvals. Upon final installation of the original Lift 1 stanchion within Lift One Park, the official zone district map shall be amended to reflect Lot #3 of the Lift One Lodge Subdivision/PUD and this relocated structure as a designated historic landmark. Upon issuance of a Certificate of Occupancy for the relocated Skiers Chalet Steakhouse (the dormitory), the official zone district map shall be amended to reflect Lot #2 of the Lift One Lodge Subdivision/PUD and this relocated structure as a designated historic landmark. Upon issuance of a Certificate of Occupancy for the relocated Skiers Chalet Lodge (the ski museum), the official zone district map shall be amended to reflect Lot #4 of the Lift One Lodge Subdivision/PUD and this relocated structure as a designated historic landmark. Section 19: Development of Surface Lift Approved The proposed future development, construction, operation, and maintenance of a surface lift (a.k.a. platter lift) through Lots 1, 3, and 4 and other associated improvements necessary for uploading skiers from Willoughby Park to a point south of Lot 1 such that a skier could access Planning and Zoning Commission Reso No. , Series 2011. Page 22 of 35 32 Lift 1A or a relocated Lift IA is hereby approved subject to a final review by the Community Development Director for sighting of stanchions, sighting of other necessary apparatus, sighting . for safe alignment with Lift 1A, confirmation of approval from the State Tramway Board, and the required reviews by the Historic Preservation Officer and the Building Department for issuance of any permits required for its construction. Section 20: Condominiumization Approved Condominiumization of units, including the parking spaces, to define separate ownership interests within a Lot of the Lift One Lodge Subdivision/PUD is hereby approved by the City of Aspen, subject to recordation of a condominiumization plat in compliance with the current (at the time of condo plat submission) plat requirements of the City's Community Development Department. Section 21: Amendments Conversion of fractional lodge units to whole ownership residential units or non - fractional lodge units shall require a substantial amendment. The conversion of whole ownership residential units to fractional lodge units may be approved administratively. Section 22: 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 Community Development Department, the Planning and Zoning Commission, or the Aspen 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 other specific conditions. The Applicant has represented that the trellis i � i1IST structure originally proposed on the top floor of ,riai ¢ the east building will be removed, as shown in in Thrspa a k: tia4ca the adjacent diagram. The Applicant s + , 37, I ri ; represented that the east wing will not protrude 't ayM ",;?_1r 1 north into the Gilbert Street Right -of -way, as correctly diagrammed in Exhibit D. Section 23: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 24: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Planning and Zoning Commission Reso No. , Series 2011. Page 23 of 35 33 FINALLY, adopted, passed and approved this day of , 2011. Attest: Planning and Zoning Commission: Jackie Lothian, Assistant City Clerk Stan Gibbs, Chairman Approved as to form: James R. True, Special Counsel Exhibit A — Property Descriptions Exhibit B — Proposed Subdivision Map Exhibit C — Proposed Street Vacation/Dedication Map Exhibit D — Proposed Illustrative Site Plan Exhibit E — Proposed Architectural Character Plan Exhibit F — Proposed Dimensional Allowances and Limitations Exhibit G — Proposed Heights Planning and Zoning Commission Reso No. , Series 2011. Page 24 of 35 Exhibit A Legal Descriptions The subject property is generally located on the east side of South Aspen Street south of Deane Street. The subject property consists of five parcels and the rights of way to be vacated in connection with this Application described as follows: Parcel A is legally described as Lots 1, 2, 13, and 14, Block 9 of the Eames Addition to the City and Townsite of Aspen, including the portion of the vacated alley between Lots 1 and 14 and the west 20 feet of Lots 2 and 13. Parcel A is the former site of the Holland House Lodge, which was demolished in 2008. Parcel B is legally described as Lots 4 and 11, less the west twenty -two feet thereof, and Lots 5 through 10, Block 9 of the Eames Addition to the City and Townsite of Aspen, including the portion of the vacated alley between said Lots. Parcel B is currently the site of the Skiers Chalet Lodge. Parcel C is legally described as Lots 12, 13, and 14, Block 8 of the Eames Addition to the City and Townsite of Aspen. Parcel C is located adjacent to South Aspen Street on the north side of Gilbert Street. Parcel is currently the site of the Skiers Chalet Steak House. Parcel D is legally described as Lots 3 and 12, and the west 22 feet of Lots 4 and 11, Block 9 of the Eames Addition to the City and Townsite of Aspen, including a portion of the undeveloped alley between said lots. Parcel D is commonly known as Lift One Park and is owned by the City of Aspen, who has consented to the application. Parcel E is legally described as Lots 1 through 14, Block 7 and Lots 1 through 3, Block 8 of the Eames Addition to the City and Townsite of Aspen, including the undeveloped portion of Juan Street between Blocks 7 and 8 and the undeveloped alley within Blocks 7 and 8. Parcel E is commonly known as Willoughby Park and is owned by the City of Aspen, who has consented to the application, and is leased in whole to the Aspen Historical Society, who has consented to the application. The following is a summary of the street vacations and dedications associated with the Lift 1 Lodge proposal: • Vacation of the eastern 37.5 feet of South Aspen Street from the centerline of Hill Street north to the southern edge of Deane Street and excluding portions of said area associated with the proposed turn- around and drop -off area at the corner of South Aspen and Deane Street. • Dedication to public right -of -way an area within the northwest portion of the proposed Lot #4, Willoughby Park, associated with the proposed turn- around and drop -off area at the corner of South Aspen and Deane Street. The final design and exact dimensions of this dedication shall be as depicted and described in the Subdivision Plat. Planning and Zoning Commission Reso No. , Series 2011. Page 25 of 35 P35 • Vacation of the northern 25 feet of Hill Street east of the centerline of South Aspen Street to the eastern boundary of the Eames Addition. • Vacation of the remaining dedicated portions of the alleyway of Block 9, Eames Addition. • Vacation of a Utility and Alleyway Easement encumbering the eastern 10 feet of Lot 2 Block 9, Eames Addition, recorded at Book 203, Page 375. • Vacation of Gilbert Street from the centerline of South Aspen Street east to a line extending south from the boundary between Lots 11 and 12 of Block 8 and connecting to the boundary between Lots 3 and 4 of Block 9, Eames Addition. • Vacation of Juan Street east of the South Aspen Street right -of -way to the eastern boundary of the Eames Addition. • Vacation of the alleyway of Block 8, Eames Addition. • Vacation of the alleyway of Block 7, Eames Addition. Exhibit B Proposed Subdivision Map Exhibit C Proposed Street Vacation/Dedication Map Planning and Zoning Commission Reso No. , Series 2011. Page 26 of 35 P 3 6 Exhibit D Illustrative Plan t , . ■.. '0.... • 4 1 i i Alk ..,... ..., 4ip tow- ,. ... ,,...y -, ..... ,), . , ., .-.... -:.,. -.,-- , - 7t , } , 1 y.b - ;zit,. ..... r N, r . ..,-_-...7. i , ,... ........; - 4.1 i . 1 71 „, i 1 10 I 11 . <; — I • 4 ' / 1 ■ ( A —.........,_. „ • 4 - : ---- 1 ' L "4" , i 1 ifkik#11t4 ' .77.. . ..1-.. 4141 , oi 6, ; 4 '''' N 1 4 § 3 . [ ..' l i i r . .4 . , .. ., ... ...,:-. — -. ......„,,,,....), . . .,, l k4*\ . ,, ''-------/-- A g AWIr ergrwr L I . - - - -- ..",.t .. s , 4 ........ r , r ! iliil Imo Planning and Zoning Commission Reso No. , Series 2011. Page 27 of 35 P37 E xhibit E _1 Approve A rchitecture — _ 41 ,,, •i ��� I _ a X411. ill • N ' e • 1, . t �� _ ._ - �I J1f 1L il ltas ' k • 1 � ' � . West Elevation of West Wing & . -- . . . r, ma - i .: f i ' 1 nu • ' � : : ' . ii ..i 1i . 4� JI '; /7 i ` - I. */ -Z - t ` View of Lodge from southwest cill T_ I .1 —1 I I I :::— a _, . - - -L - ILI _ 1 r 'Li --) 1 1 1 ,. L -.----, , 1 ra--ri--5, ---- ,----1 Mr ---- Architectural Floor plan of lodge unit and lock -offs Planning and Zoning Commission Reso No. _ , Series 2011. Page 28 of 35 P38 Exhibit F Approved Dimensions Dimensional Requirement Proposed Standard Lodge Zone District Requirements Lift 1 Lodge, Lot 1 Minimum Lot Size 40,500 sq. ft. 3,000 sq. ft. Lot Area for Density 19,296 Site Specific Lot Area for Floor Area 37,924 Site Specific Lodge Unit Density Standard 537 sq. ft. of lot area per unit See Note Below* Minimum Lot Area per 3,859.2 sq. ft. 3,000 sq. ft. dwelling Unit (free market) Minimum Required Lot Area 19,296 sq. ft. 15,000 sq. ft. (sq. ft.) Minimum Lot Width 265 ft. 30 ft. Minimum Front Yard Setback East Wing: 1 ft. 5 West Wing: 4 ft. East Wing North: 1 ft. East Wing South: 1 ft. Minimum Side Yard Setback 5 West Wing North: 2 ft. West Wing South: 8 ft. Minimum Rear Yard Setback East Wing: 12 ft. 5 West Wing: 1 ft. Maximum Height Per height plan as represented Sloped Roofs: 38 Ft. in Exhibit G Flat Roofs: 42 Ft. Planning and Zoning Commission Reso No. , Series 2011. Page 29 of 35 39 Dimensional Requirement ° Proposed Standard Lodge °ne 4)'istnct Requ Lodge Units: 1.19:1, or Lodge Units: 2:1, or 75,848 45,142 sq. ft. sq. ft. Commercial Uses: 0.17:1, or Commercial Uses: 0.25:1, or 6,552 sq. ft. 9,481 sq. ft. Floor Area Ratio* Non -Unit Space: 0.32:1, or Non -Unit Space: 0.5:1, or 12,304 sq. ft. 18,962 sq. ft. Free Market Residential Free Market Residential Units: 17% of total lodge Units: 25 %, or 19,252 floor area, or 13,013 sq. ft. Pedestrian Amenity Space No Requirement* No Requirement Lodge Units: 42 Spaces Lodge Units: 0.5 Spaces/Unit Commercial Uses: 6 Spaces Commercial Uses: 1 Space /1,000 Sq. Ft. Net Free Market Residential: 5 Leasable Spaces Project Parking* Residential Uses: 1 Affordable Housing Units: 8 Space/Unit Spaces Public Parking: 50 Spaces Lodge Members: 44 Spaces Skiers Chalet Steak House Affordable Housing, Lot 2 Minimum Lot Size 3,562 sq. ft. Established via PUD Lot Area for Density None See Note Below Lot Area for Floor Area 3,562 See Note Below Minimum Lot Area per 445 sq. ft. (8 Units) Established via PUD Dwelling Unit Minimum Lot Width 95 ft. Established via PUD Planning and Zoning Commission Reso No. , Series 2011. Page 30 of 35 40 — Lodge Zone District Dimensional Requirement Proposed Standard Requ renients Minimum Front Yard Setback 5 ft. Established via PUD Minimum Side Yard Setback North Side Yard: 10 ft. Established via PUD South Side Yard: 30 ft. Minimum Rear Yard Setback None Established via PUD Maximum Height 33 ft. Established via PUD .89:1, or 3,184 sq. ft. Established via PUD Floor Area ratio Pedestrian Amenity Space Remainder of lot Established via PUD Aspen Historical Society Museum and Willoughby Park, Lot 4 Minimum Lot Size 38,356 sq. ft. Established via PUD Minimum Lot Width 190 ft. Established via PUD Minimum Front Yard Setback 50 ft. Established via PUD Minimum Side Yard Setback East Side Yard: 20 ft. Established via PUD West Side Yard: 125 ft. Minimum Rear Yard Setback 25 ft. Established via PUD Maximum Height 31 ft. Established via PUD .11:1, or 4,320 sq. ft.* Established via PUD Floor Area ratio Pedestrian Amenity Space Remainder of lot Established via PUD Planning and Zoning Commission Reso No. , Series 2011. Page 31 of 35 41 Dimensional Kequirement Vropose4 Standard Lodge Zone District `Requ Notes: • Lodge Unit Size Standard: The Applicant is requesting a Special Review for the average lodge unit size. • Floor Area Ratio: For the purposes of calculating Floor Area for development on Lots #1 and #2, the areas of the vacated rights -of -way shall not be deducted from Lot Area. • Pedestrian Amenity: This site is outside of the area requiring pedestrian amenity space. • Project Parking: The project parking section of this table reflects the entire project, not just Lot 1. • Maximum Height: The heights for the Skiers Chalet Steakhouse Affordable Housing and Aspen Historical Society are taken from the ridge of the roof • Floor Area Ratio, Lot 4: This includes both the Museum and pool house. Planning and Zoning Commission Reso No. , Series 2011. Page 32 of 35 42 Exhibit G Height Representations p, � F{ " `e —o- -g at ` ' 48 � 11 wad ' ' iri y a9— wj o^" 1rc 1 . e�, ssaar s7 s 42' —iicueve u East Side of East Wing 4 2' Nat a k ,. s , l 41 111( f 4 ' 0 it `t. West Side of West Wing Planning and Zoning Commission Reso No , Series 2011. Page 33 of 35 43 51.50 ft 49.50 ft 44.20 ft ' 11 • 4 ft 1- ' I ';'• f-2...." - ,i] II gie . 1 L, --: .-.e.e: i p q crest z. ri v -:, I, 1 43.50 ft ,,i...■. t-4,,,yrid.4 .••■ - - I - "*" . " ■ 1 r zn '.. 1 f 4 < ± ■ l ' r ": ' 4 ;T -I. ----.--- ' ' - '; - I. •-_,Y1----,Ccar- ' Heights: East Wing 42.00 ft 53.40 ft 46.90 ft . 43.90 ft — \ 37.00 ft ,....,..- - - - - - 41.35 ft _ .. * . , a ct. ...., r F,,,,c, , :=-.4 i 1 , I r sr l 0 1717 1 • I v i -1:ri Cite I I . r ' . . ,... ciliP * I l i .... f I e - 049 Pi' 2 < 1• Heights: West Wing Planning and Zoning Commission Reso No. , Series 2011. Page 34 of 35 44 Chimney loaf r Elevator Shaft - Exit i ainvaXl ., Chimney Roof A[ f V i4'jF wFJ�wf. A�.+WiF yy i + t� • b I •. ry 3 v ' a Y1 ( :„ M , 1 i d an rt✓ v l..: - ct t'- ..rte` - ' " r - g sII1 - isILF q. S i .7 , fir ' gy p + Y e i . Portions of East Wing above 54' feet Planning and Zoning Commission Reso No , Series 2011. Page 35 of 35 45 T MEM 4 4e- Lift One Master Plan — Transportation Analysis s; Zg pitin Prepared for: Lift One Lodge Aspen, Colorado Prepared b TDA Colorado, Inc. Denver, Colorado TDAdtdacolorado.com December 21, 2010 Updated April 27, 2011 TDA CoLoanoo 11111/111111 46 ' Lift One Master Plan Transportation Analysis TABLE OF CONTENTS EXECUTIVE SUMMARY INTRODUCTION 1 PROJECT COMPONENTS 1 EXISTING CONDITIONS 5 Roadway System and Classification 5 Traffic Controls 5 Public Transportation 5 Pedestrian, Bicycle and Equestrian Transportation 5 Traffic Safety 6 . Turning Movement Volumes 6 Traffic Operations - Existing 8 BACKGROUND CONDITIONS 9 Roadway Improvements 9 Other Planned Projects 9 Traffic Operations - 2011 Background 10 PROJECT CONDITIONS 12 Trip Generation Rates 12 AM, PM and Daily Trips Generated 13 Trip Distribution and Assignment 15 Traffic Operation and Level of Service 19 MASTER PLAN AREA MOBILITY 20 Pedestrian Access 20 Public Parking Garage Operation Plan 20 TRANSPORTATION DEMAND MANAGEMENT 22 Lodge Guests 22 Lodge Employees 22 On -site Affordable Housing Resident 22 Restaurant Patrons 22 TDM Vehicle Trip Reductions 23 QUALITY OF SERVICE 24 SUMMARY AND FINDINGS 25 APPENDIX A Level of Service Detail Table 28 APPENDIX B Intersection Level of Service Definitions 29 APPENDIX C Glossary of Terms 30 APPENDIX D LOS Worksheets 32 April 2011 i TDA 47 Lift One Master Plan Transportation Analysis LIST OF TABLES Table 1 Proposed New and Displaced Land Uses 2 Table 2 Existing Winter Peak `Hour LOS 8 Table 3 Background Development Projectsand Future Trips Generated 10 Table 4 Background Winter Peak Hour LOS 10 Table 5 Project Trip Generation Rates 12 Table 7 Winter Peak Hour LOS with Project 19 Table 9 TDM Vehicle Trip Reductions 23 Table 8 Quality of Service by Mode 24 LIST OF FIGURES Figure 1 Site Location 3 Figure 2 Project Site Plan 4 Figure 3 Existing Traffic Volumes 7 Figure 4 2010 Background Traffic Volumes 11 Figure 5 Distribution of ProjectTrips 16 Figure 6 Project Trips — Lift One Master Plan 16 Figure 7 Total Traffic with Project 17 April 2011 ii TDA 48 Lift One Master Plan Transportation Analysis EXECUTIVE SUMMARY This report addresses the transportation impacts and opportunities associated with a master plan for redevelopment of 3.4 acres at the Lift 1 side of Aspen Mountain in Aspen. The planned mix of uses includes lodging, employee housing, restaurant and museum along the east side of a reconstructed South Aspen Street between Deane Street and Lift 1A base. The plan incorporates several historic structures from the original Lift 1 1940's base facilities. The Lift One Lodge will have 22 lodge suites and 5 free market residential units. In addition to residential uses, the proposal includes 5,989 square feet of net leaseable commercial space in the Lodge. A below -grade parking structure will serve the development, providing 105 spaces for the lodging, affordable housing, free market residential, commercial uses, Club Members, and 50 spaces for public parking. The historic three -level Skiers Chalet Steak House is slated for employee housing reuse. The Skiers Chalet Lodge is planned for relocation next to the preserved original Lift 1 base structure. For this analysis, reuse of the facility includes a historical museum with 50 public parking spaces nearby. South Aspen Street will continue to be the main access for this lodging area, including the Shadow Mountain condominiums. Future winter season peak period traffic operation was analyzed at four key intersections in the vicinity: • Durant Ave /Aspen St • Durant Ave /Garmisch St • Main St /Aspen St (traffic signal control), and • Main St /Garmisch St. From a quantitative standpoint, the net addition of traffic added by the Lift One Master Plan project, along with several other developments in the vicinity, will not cause an overall perceptible (i.e., "level of service" differential) change from current acceptable conditions at three of these intersections. Left turns from Garmisch onto Main Street during peak travel times will continue to experience very long delays (level of service F) due to the volume of traffic on Main Street. Most motorists departing the site will elect to stay on Aspen Street, where they have the benefit of traffic signal control for turning left at Main Street. The Lift 1 Master Plan will incorporate a number of qualitative pedestrian, bike and alternative travel mode enhancements including: • Fund a new surface lift that will transport skiers from a drop - off plaza at Deane St, near the original 1947 Lift 1 base, to the current Lift 1A. This plaza will offer a convenient afternoon rendezvous alternative to the oft- congested Durant /Little Nell portal for some drivers and their parry. • Install sidewalks along Deane St. and South Aspen St. to provide continuity from Deane at Monarch to the top of South Aspen St. The new sidewalk along Aspen St. will be snow - melted in winter along this steep section to encourage pedestrian travel to the Lodge attractions, the Lift 1A base and existing Shadow Mountain Condominiums. April2011 ❑1 TDA 49 Lift One Master Plan Transportation Analysis • Visitors will have a well -lit pedestrian connection between the Lodge entrance Willoughby Park, the Rubey Park transit station and the town commercial core via low- volume Deane St. • Cyclists will have a newly paved low- volume, shared section of Aspen St. with just two intersecting driveways and only Local delivery commercial traffic. Lift One Lodge will commit to a specific package of transportation demand management (TDM) measures that are conservatively estimated to reduce peak period site low - occupancy vehicle trips by 13% while enhancing overall mobility. Highlights of the TDM plan include: • On- demand courtesy shuttle service for in -town and airport guest connections and restaurant patron trips. • A fleet of bicycles (minimum 10) will be available for guest and employee use. • Incentives for car pool vehicles parking in the fee -based below grade parking garage. • Half- priced transit pass subsidy for employees commuting via RFTA. • Payment of application fees for on -site affordable housing residents participating in the City's car sharing program. April 201) iv TDA Lift One Master Plan Transportation Analysis INTRODUCTION This report describes traffic impacts associated with the Lift One Master Plan project. The project is defined collectively as the Lift One Lodge, the Skiers Chalet and the Museum, lies on the east side of South Aspen Street between Deane Street, see Figure 1. Some existing uses will be moved or replaced by the project. The historic Lift One base apparatus near Deane Street will remain as a reminder of the early beginnings of downhill skiing in Colorado. A planned surface lift will transport skiers and boarders from Deane Street to the Lift 1A base. Figure 1 shows the location of the proposed project. Figure 2 shows the site master plan in its entirety. Specific uses are summarized in Table 1 and discussed in detail here. PROJECT COMPONENTS The master plan includes the Lift One Lodge with 22 lodge units, 5 free market residential units and 5,989 square feet of commercial space. Parking will be provided underground, below the Lodge. The lodge component will consist of three- and four - bedroom suites. Each bedroom within the lodge component will be separately keyed as a "lock -off" unit, equaling 84 keys or separately rentable divisions. The commercial component shall consist of 5,989 square feet of restaurant. The historic Skiers Chalet Steak House, just north of Lift One Lodge, is approved for reuse as a mixed use commercial /affordable housing building and will include dormitory - style affordable employee housing with 8 units and a total of 16 beds. The historic Skiers Chalet Lodge is approved for relocation to Willoughby Park at the northeast corner of the site. The structure is planned to serve as a museum. Uses of the building include, but are not limited to, a historical museum, affordable housing, and /or affordable commercial space. A total of 9,756 net lease -able square feet is assumed for this analysis. Parking will be provided in the below -grade structure accessed from Aspen Street. Lift 1 Skier Access Enhancements will include provisions for a Platter Lift to take skiers from the Deane Street base to the Lift 1A base. This conveyance will serve skiers from the community, as well as walk -in skiers from nearby lodging. Skier drop off and pick up, now occurring informally at the top of Aspen Street, will be relocated to a new plaza along Aspen Street at Deane Street, at the base of the new surface lift. The former Holland House Lodge and single residence have already been removed from the project site. These units were in use during the March 2006 traffic counts. The Skiers Chalet Lodge was in use as affordable housing at the time of the count. As displaced uses, trips associated with these uses are deducted from planned new uses. Table 1 depicts the new uses proposed for the site and the former uses displaced by the proposed project. Vehicle trips generated by the development are estimated in accord April 2011 1 TDA 51 Lift One Master Plan Transportation Analysis with guidelines of the Institute of Transportation Engineers publication, Trip Generation, 8` Edition, 2008. Table 1. Proposed Lift 1 Master Plan Project and Displaced Land Uses • Project Quantity for Lot # New Land Uses Quantity Trip • Generation • 1 Lift One Lodge lodge units 22 DU's 84 keys free - market residential 5 DU's 5 DU's oter commercial 841 gsf 841 gsf restaurant 5,143 gsf 5,143 gsf club parking 44 spaces 44 spaces 2 Skiers Chalet Building rental affordable dormbryl 16 beds 16 beds 3 Willoughby Park museum) 9,756 nlsf 10,840 gsf 4 New Skier Drop -Off peak hour arrivals) 25 vehicles 25 vehicles Displaced Land Uses Holland House .Residence -1 DU -1 DU Holland House Lodge Units -20 DU's -20 DU's • Skiers Chalet Lodge Units -18 DU's -18 DU's Source: Bob Schultz, Schultz Consulting April 2011 2 TDA 52 Z.' -,-, F k c 0 • o k o o Cleveland St N h Q < c C b o 0 N West End St Q I % O m Q' O 2 m •J m Original St 0 p X as is O -° *0011z z Spring St / ( . N co 2 m CO a Hunter St in Y 0 (n m C N E m Q ~ M 5 c U c C O ,O .y Galena St • Han Li x w Mill St Z;::::;::ti c m a E Monarch St co MD a a c ea co I 2 Aspen St ® ¢ > a Aspen St c c > Q 65 c m c = Y c N E c a o E n co 0 Z 2 ° o , m y a ° Garmisch $t v o as co J 2 o E ••• C V o 7 ;0 g i m a 2 t Q 4 ILa Q P53 Lift One Master Plan Transportation Analysis 4 - .--- ' 4 * —J . , - di • iVII 1 , . • (1111— I - I ' I , 14 L _ 2 • *L i t I Q i n e -P. i : . . , 8 Li liiii,i-_-, . 10 .1 , _ _. Am!: ■ - ., 1 NORTH i Ilk ! . -. . - A: _.. Ci5 . - Ai -,-0- L To_ E., T , , , , I I - , - ` = CD „ c) a; S 0 a a— Skiers C -itt _ ti - = CD C....) = C3 1-- Steak. , -:-.' • - E .31 • ..., '„.f 0 .. , tu....i... l'i --, • , Note: Arrows , indicate Lodge - 1 -4 4 1 -WC 77 ' ' . 1 vehicular access ,. 1 locations ro. ., • . ' ...Ye J It.• „ 4....fabsSO ' ' ■ I ti I , 1 1 , , • - -, . I Figure 2 Site Plan Deane-Street fi t. Lift One Master Plan •-ll 7 '1 -, ..1 ,1 11 . -1 - - -1. - - - 'N., t l ' • Aspen, Colorado TDA f ,r 2011 P54 Lift One Master Plan Transportation Analysis EXISTING CONDITIONS Roadway System and Classification The main arterial through Aspen is SH 82. It follows an east -west alignment along Main Street, turns south onto Original Street and continues to the east on Cooper Avenue. The portion of Mill Street north of SH 82 is also classified an arterial. All other roads in the study area are considered collectors. Traffic Controls Based on the recommendations of the City Engineer, four intersections were studied to determine project impacts. One is currently signalized: Main Street /Aspen Street. Two of the remaining intersections are two -way stop - controlled intersections: Garmisch Street /Main Street and Aspen Street /Durant Avenue with Garmisch and Durant having stop signs at their respective approaches. The final intersection, Garmisch Street /Durant Avenue, is an uncontrolled right of way intersection. Public Transportation The Roaring Fork Transportation Agency (RFTA) provides both city and down valley transit service. The Rubey Park transit station is located across Durant Avenue, two blocks from the proposed development. The transit station is served by all routes run by RFTA, and service is available generally from 6:30 AM to 2:00 AM during the summer and winter seasons with shorter hours during spring and fall seasons. Public transit service is described below: • City of Aspen Routes — Eight city routes serve residential areas of the community. Not all routes operate year round. Service frequency varies by route between twenty or thirty minutes. • Valley Routes — RFTA provides transit service connecting Aspen to Glenwood Springs every half hour with up- valley service beginning at 4:OOAM and down - valley ending at 2:OOAM. RFTA is undergoing efforts to secure federal funding to complete design, acquire vehicles and implement BRT (bus rapid transit) Roaring Fork Valley service beginning in 2013. BRT employs special vehicles, station facilities, priority lanes and preferential treatment at signalized intersections to offer faster, more comfortable and reliable bus service that can rival fixed - guideway rail transit system comfort and performance. • Seasonal Routes — A tour to the Maroon Bells Scenic Area is operated during the summer months. Special service is provided for events (such as the Aspen Music Festival) throughout the summer in the Aspen area.' Pedestrian, Bicycle and Equestrian Transportation Existing pedestrian /bicycle facilities are found on West Hopkins Avenue and West Hyman Street. West Hopkins Avenue is a controlled bicycle /pedestrian street with ' RFTA website. April 2011 5 TDA 55 Lift One Master Plan Transportation Analysis limited vehicle access. West Hyman Street has posted bicycle route signs. An off -road bicycle trail exists above the southern ends of Mill Street and Monarch Street. Traffic Safety Average annual accident rates at each of the four study intersection are listed below. The data used to derive the annual rates was provided by the Aspen Police Department for the period January 1, 2003 through March 31, 2006. Many of the accidents were concentrated at Main Street /Aspen Street and Main Street /Garmisch Street. Along Main Street, an annual total of 10 accidents occurred at the Aspen Street intersection during the study period, with 4 accidents at the Garmisch Street intersection. Intersection Average Annual Accidents • Main St/Garmisch St -- 4.0 • Main St/Aspen St -- 10.0 • Durant Ave /Garmisch St -- 0.3 • Durant Ave /Aspen St -- 5.0 Turning Movement Volumes Figure 3 shows the turning movement volumes at each of the study intersections during the winter weekday AM and PM peak hour. Volumes are based on counts collected for TDA on 17- Mar -06. • April 2011 6 TDA 56 0 N W 2 N Hunter St . N 2 K •_ O 2 z Galena St W . Mill St e .. tii N Y C a) co co a Monarch 3t 0 cm in N ®Aspen St O ;;;;;;;;M;;;;;;;;; :::: : :t : m > n a) a) / Aspen a; St c Q Q Q N m E Y N A a m c c Q o E a m m m 2 T o = c m �armisch St = O O o o N - - a` w N GO,-. i �N.� ��` (vim 11--- �� ��♦ i \ OJ l i l ' (9Z)6Z, t(LL)9 (COO L LL—# 4_. (v0 (8Z)£Z—* 4—(£0 c , (sL)sl—* 4— (9L N (9£) ££ Z r (98L) £s1 (s) o r (£) z E �� 1 1t(* / o m v I M O N 7 ��� o O O 2 p I Y ca ' o N rn r-� r. d N = W o — cC f f M NN G �♦b ro 4 a T a ° (s) £_ik. t (oL)s COOL) ss _.# t(v)oL ¢ m (z)z -► f(L)L (s)s� f(£)o " g° (Sl)£l� r(Sl)£L d c� m a K.�Q i VI � LLW 5 J Q N 00) r rn 57 Lift One Master Plan Transportation Analysis Traffic Operations - Existing Level of service (LOS) is a qualitative means of describing intersection operation under varying traffic loads. Level of service A represents minimal perceived delays and is associated with free - flowing traffic, while LOS F represents long delays with stop and go slow moving traffic. An example of LOS F is westbound Main Street on busy afternoons where the road narrows to one westbound lane. The slow moving queue of westbound traffic that extends a number of blocks to the east of the merge point makes it difficult for motorists to turn onto or cross Main from the stop - controlled side streets. This situation will improve (i.e., achieve a higher LOS) only when westbound traffic volume tapers off enough that average speed gets back to a 25 or 30 mph range and there are enough gaps in Main Street traffic flow that motorists can readily enter from the side streets. An expanded description of level of service in included in the Appendix. Intersection operating conditions were evaluated using the Highway Capacity Manual 2000, and Synchro 7.0 capacity analysis software for signalized and unsignalized intersections. The intersection and operating conditions are indicated by a level of service (LOS) letter designation. LOS provides a measure of delay ranging from LOS A (free flowing, minimal delay) to LOS F (extreme congestion, long delays). Average delay for each approaching vehicle is another indicator of operation. Table 2 shows the existing LOS for each of the study intersections during the winter weekday AM and PM peak hours. All intersections operate at LOS A or better under existing conditions. Table 2. Existing Winter AM and PM Peak Hour Level of Service AM PM Intersection av avg. seconds LOS seconds LOS of delay of delay Signalized Main St & Aspen St B 12.4 sec. 8 14.8 sec. Stop Control Main St & Garmisch St A' 0.9 sec. A' 1.2 sec. Durant Ave & Garmisch St A 7.5 sec. A 7.6 sec. Durant Ave & Aspen St A 9.9 sec. A 9.7 sec. 1— Minor northbound and southbound left turns from Garmisch St. operate at LOS F. The signalized intersection at Main Street /Aspen Street currently operates at a very high LOS B, with minimal delay to motorists waiting at the signal. The Stop sign controlled intersections on Durant Avenue at Aspen and Garmisch Streets experience minimal delay as shown with the LOS A operation. Vehicles stopping along Durant Avenue at Aspen Street experience LOS B operation with a slightly higher delay of just over 10 seconds per vehicle. April 2011 8 TDA 58 Lift One Master Plan Transportation Analysis The minor movements of northbound and southbound left turns at the Main St /Garmisch Stop -sign controlled intersection operate at LOS F, with significant delay of 60 seconds or more. This is not unusual for an unsignalized intersection with a multi -lane state highway, where through volumes are nearly 1,000 vehicles per hour in each direction. Left turn volumes here are very low, less than 15 vehicles per hour, as many motorists will route to choose the signalized intersection one block east, particularly during high traffic periods. BACKGROUND CONDITIONS This section describes the estimated future traffic conditions in the study area without development of the proposed project. Project completion is expected in 2011. Roadway Improvements Deane Street, per the City's Master Plan for Downtown, is intended to function primarily as a pedestrian corridor from South Aspen Street to Little Nell. No other roadway or signalization improvements were identified during the period from now to 2011. Other Planned Projects Other approved and proposed developments are occurring in the project vicinity. At the request of the City, trips associated with these new land uses will be included as background traffic through year 2011 relative to the Lift One Master Plan. These non - project land uses and their estimated vehicle trips are summarized in Table 3. Trip generation rates are similar to those used for the project and are discussed in the Project Trip Generation section of this report. • The Centurion Townhome project along the west side of Aspen Street is currently approved for lodging with 14 free market residential units and 17 rentable affordable housing units. • The former Chart House, located at the southwest corner of the Durant /Aspen Street intersection, is anticipated to be a combination of rental lodging units and fractional or full ownership residential units. • Dancing Bear lodge units are within the block just north and west of the Durant /Aspen Street intersection. April 2011 9 TDA 59 Lift One Master Plan Transportation Analysis Table 3. Background Development Projects and Future Trips Generated Project Quantity for PM Peak Hour Trips AM Peak Hour Trips Daily Future Background Traffic Quantity Trip Generation Total IN OUT Total IN OUT Total Centurion Townhomes free - market residential 14 DU's 14 DU's 3 1 2 3 2 1 44 rental affordable housing 17 DU's 17 DU's 7 4 3 6 2 4 75 Chart House lodge units 34 DU's 34 DU's 14 8 6 10 3 7 151 free - market residential 11 DU's 11 DU's 3 1 2 2 1 1 35 Dancing Bear lodge units! 9 DU's 9 DU's 3 2 1 3 1 2 40 Future Background Vehicle Trips 30 16 14 24 9 15 345 Source: 7DA Colorado and ITE Trips Generation; P Edition. For analysis, it is assumed that vehicles trips to /from these developments will distribute to the two study intersections on Main Street as assigned for the Lift One Master Plan. Estimated AM and PM peak hour traffic volumes for these background projects are added to existing volumes and shown on Figure 4. These volumes provide the basis for estimating 2011 background traffic operations. Traffic Operations - 2011 Background Level of Service analysis for the 2011 estimated background condition, without the project, shows little change from that for existing conditions. Table 4 depicts background LOS for the winter AM and PM peak hours, compared with the existing conditions LOS. As is currently experienced, the northbound and southbound left turning vehicles will experience lengthy delays and operate at LOS F. Table 4. Existing & Background Winter AM and PM Peak Hour Level of Service Existing 2011 Background Intersection AM PM AM PM LOS delay LOS delay LOS delay LOS delay Signalized Main St & Aspen St B 12.4 sec. B 14.8 sec. B 13.5 sec. B 15.6 sec. Stop Control Main St & Garmisch St A' 0.9 sec. A 1.2 sec. A 1.0 sec. A 1.2 sec. Durant Ave & Garmisch St A 7.5 sec. A 7.6 sec. A 7.5 sec. A 7.6 sec. Durant Ave & Aspen St A 9.9 sec. A 9.7 sec. A 9.4 sec. A 9.5 sec. 1- minor northbound and southbound left turns from Garmisch St. operate at LOS F. Apnl2011 10 TDA 60 co _ Q T C = p co Hunter St m o o o k cal- R Z N4 2 Galena St ® P JC \ � bn Mill St :::..'''' N - E a co Monarch St CM a) c . .......,C:C.CCd..:: S.3 ...... ...��...... :::::::.. ..... 0 .`:....000..2..... ........... .................... ®G > Aspen St ' ............... i a) , o Aspen St > , > m c Q Q Q en c Y c O) r. l0 N C c 05 p o E 0. m m U i > O = t 2 Q 2 m oGarmisch St 0 F a s , C U C N ■ o.-. I I , r O Jd W O CO LO v 0in N O O `�:, ; (os)os.f t (901. (soO si- t (oz) al, (oc)sz - 4– (9 0 c (sz) oz -► 4- (93) oz (ss) ss 7 r (960091. (9) 0 7 r (s) z ��o v0 cc r \ N N \ O M C to 1 r Z. E o v j m o 0) �n 13 o G rn o c = m 0 7 r n co I N N (s)ss t(ot)s (go 096_# t(0oI, al a) t ms (z)z� F(0l ( s)s -► F v m� � g o (oz)si. —+ r(sogL (£)0 m a t3I c- cC Q N Ino LLNQ> JQ � N N O m CO CD 61 Lift One Master Plan Transportation Analysis PROJECT CONDITIONS This section describes estimated trip generation for the project, impact on study intersections, estimated parking needs, and comparison with parking code requirements. Trip Generation Rates Estimates of project trips are based on adjusted trip generation data found in the Institute of Transportation Engineers (ITE) Trip Generation (8` Edition). These are summarized in Table 5. Adjustments are described following Table 5. Table 5. Project Trip Generation Rates (Vehicle Trips Per Unit) Project Quantity for ITE Trip Generation PM Peak Hour AM Peak Hour Daily Lot # New Land Uses Quantity Trip Rale % In % Out Rate % In % Out Rate Generation 1 Lift One Lodge lodge units 22 DU's 84 keys 330 (resort hotel) 0.49 43% 57% 0.37 72% 28% 4.93 free-market residential 5 DU's 5 DU's 260 (recreational homes) 0.26 41% 59% 0.16 67% 33% 3.16 other mnmerdal 841 gsf 841 gsf 716 (single tenant office) 1.73 15% 85% 1.8 89% 11% 11.57 restaurant 5,143 gsf 5,143 gsf 931 (quality restaurant) 7.49 67% 33% 0.81 52% 48% 89.95 club parking 44 spaces 44 spaces TDA - 0.6 20% 80% 0.5 80% 20% 4.0 2 Skiers Chalet Building rental affordable dornibryl 16 beds 16 beds 221(low - rise apt) 0.33 163% 37% 0.28 117% 83% 4.3 3 Willoughby Park museum, 9,756 nlsf 10,840 gsf 495 (recreational comm. et, 1.64 1 29% 71% 1.62 61% 39% 22.88 4 New Skier Drop•Off peak hour arrivals) 25 vehicles 25 vehicles afternoon skier pickup only Displaced Land Uses Holland House Residence -1 DU -1 DU 210 (SF detach. housing) 1.01 63% 37% 0.75 25% 75% 9.57 Holland House Lodge Unit -20 DU's -20 DU's 223 (mid - rise apt.) 0.39 58% 42% 0.3 31% 69% 4.43 Skiers Chalet Lodge U nits -18 DU's -18 DU's ! 223 (mid rise apt.) 0.39 58% 42% 0.3 31% 69% 4.43 Source: 7DA Colorado and ITE Trips Generation; 8 Edition. Resort Hotel (lodge units) The ITE trip rate for this usage is based on occupied Resort Hotel rooms. The 22 lodge units will have rooms separately keyed as "lock -off" units, totaling 84 bedrooms, equaling 84 keys or separately rentable divisions. For trip generation, the number of occupied keys is used, based on the 82% average occupancy rate in the ITE figures. Free - Market and Single Family Housing Units The free - market residential units are assumed as recreational homes with a daily ITE trip rate of 3.16 vehicle trips per dwelling unit. The displaced Holland House and Skiers Chalet Lodge units are assumed as mid -rise apartments with a daily trip rate of 4.43. No reductions were applied to these housing trip generation rates. April 2011 12 TDA 62 Lift One Master Plan Transportation Analysis Affordable Housing The rentable affordable dormitories are intended for employee housing and assumed comparable to the ITE low -rise apartments. The 8 units will each have 2 beds. For this use, the ITE trips generated per person were used to estimate trips per bed. Commercial Restaurant uses in the Lift One Lodge area comprise the commercial portion of this development. This use is assumed primarily as quality sit -down restaurant, with trips generated based on gross square footage and no reductions. ITE trip generation rates are from urban /suburban locations with travel patterns that do not recognize the special compact, pedestrian orientation of downtown Aspen. The ITE rates for restaurant uses were adjusted to account for an assumed 75% of patrons either already on -site as guests, or walking or riding the shuttle from other downtown locations. This was chosen in order to be on the conservative side; it may be that almost none of the visitors would drive. Ski Museum ITE does not have a specific "museum" category for identifying trip generation. Instead, rates for the "recreational community center" were applied. Square footage for museum use was presented as net lease -able square feet. ITE trip rates are for gross square footage, thus an increase of 10% was factored in. As discussed above, the ITE trip generation rates are from urban /suburban locations with travel patterns that do not recognize the special compact, pedestrian orientation of downtown Aspen. The ITE rates for this category were adjusted to account for an assumed 75% of museum visitors either already on -site as guests, or walking or riding the shuttle from other central Aspen locations, and may be a conservative estimate. Few, if any, winter visitors are expected to drive to the project site during peak travel times for the sole purpose of visiting the museum. Club Member Parking The Lift One Lodge is proposing a member -type parking program with a pool of 44 spaces available to club members. These spaces are reserved for use by those members that drive to the Lift One base area for skiing or other day -visit purposes. The club parking program will allow members to reserve a parking space here for day use, on a space - available basis. For trip generation purposes, we assume that the 44 Club Member parking spaces will generate 176 vehicle trips per day (average 2.0 daily turnovers per space) with 22 trips in the AM peak and 26 in the PM peak hour. AM, PM and Daily Trips Generated After deducting displaced trips associated with uses that are no longer on the project site, the net additional "project" trips are shown in the following Table 6. The new development projects included in the Lift One Master Plan project are expected to April2011 13 TDA 63 Lift One Master Plan Transportation Analysis generate an additional 69 vehicle trips in the AM peak hour, 85 in the PM peak and about 710 vehicle trips through the course of a 24 -hour high- occupancy winter day. Free - market lodging and housing represents 40% of the daily trips, while the affordable housing share of trips is 8 %. Commercial and restaurant uses comprise about 14% of all daily vehicle trips to and from the project area, while the museum share is about 7 %. Skier drop -offs & pick -ups account for about 11 %, while Club Parking represents about 20% of the new daily vehicle trips. Included in these totals are an expected 15 to 20 service and delivery arrivals on a typical weekday'. Nearly all delivery vehicles (FedEx, UPS, food & beverage) will be trucks already servicing downtown establishments and hence, will not be "new" trips generated exclusively by the project. The net additional "project" trips are distributed throughout the nearby street network based on observed traffic patterns. Table 6 summarizes vehicle trips in and out of the site during the morning and afternoon peak hours. While this traffic analysis is based on winter conditions in Aspen starting with existing traffic, the total ITE vehicle trips generated and shown in Table 6 make no distinction by season. Table 6. Project Vehicle Trip Generation Lift One Master Plan Project Quantity for PM Peak Hour Trips AM Peak Hour Trips Daily Lot # New Land Uses Quantity Trip Total Generation Total IN OUT Total IN OUT 1 Lift One Lodge lodge units 22 DU's 84 keys 34 15 19 25 18 7 340 free - market residential 5 DU's 5 DU's 2 1 1 1 1 0 16 other commerdal 841 gsf 841 gsf 1 0 1 2 1 1 10 restaurant 5,143 gsf 5,143 gsf 9 6 3 2 1 1 116 club parking 44 spaces 44 spaces 26 5 21 22 18 4 176 public parking 50 spaces 0 spaces 0 0 0 0 0 0 0 2 Skiers Chalet Building rental affordable dormitory 16 beds 16 beds 5 3 2 5 1 4 69 3 Willoughby Park museuml 9,756 nlsf 10,840 gsf 4 I 1 3 5 3 2 62 4 New Skier Drop -Off peak hour arrivals! 25 vehicles 25 vehicles 20 10 10 20 10 10 100 Development Subtotal 101 41 60 82 53 29 888 Displaced Land Uses Holland House Residence -1 DU -1 DU -1 -1 0 -1 0 -1 -10 Holland House Lodge Units -20 DU's -20 DU's -8 -5 -3 -6 -2 -4 -89 Skiers Chalet Lodge Units -18 DU's -18 DU's -7 -4 -3 -6 -2 -4 -80 TOTAL Project Vehicle Trips 85 31 54 69 49 20 710 Source: Table 5 and 7DA Colorado. 2 Bob Schultz, Master Plan Project Questions & Answers, 2p. 04 SEP 2008. April2011 14 TDA 04 Lift One Master Plan Transportation Analysis Trip Distribution and Assignment Trip distribution refers to the general direction trips travel to and from the site. Figure 5 depicts the trip distribution pattern for new trips to and from the project site during the AM and PM peak hours. Project trips were assigned based upon existing distribution of traffic at key intersections. Figure 6 displays the assignment of project vehicle trips to the four key analysis intersections during the AM and PM peak hours. Figure 7 presents the combined background traffic and project trips for 2011 total AM and PM peak hour traffic scenarios with project completion. April 2011 - 15 TDA , 65 �y t p p i e 1— Me i a O ` � 0) O = U ce N C 0 VO e a N N >, <a c N Q m O > > > Q N u N ¢ ¢ ¢ c U C N 00 m la c O a ' a d 0 W E . 0 5 a w CO li Hunter St = U ❑ O C MU 2 Galena St . Q MiII St ,�' a� 65 c Y 0) m E as d E Monarch 3t Monarch St <'n OM N e r- 11 it UnillinIUMM: 0 ¢ Aspen St > ® e :5 ,°� (7) Aspen St OV G > 0 w o N c ¢ 0 O > a N a 2 c U la¢ a N b co c O. E m v.. o > F Garmisch St 1 ., F r in i o d f>,6 a3 o a co to c N a a) O >N y 0 in 7 > U d d ` m c 7 w d 0 ac r 01 N . Q 4 u C> _lQ bb N c 4 4 r T Hunter St I- y rt't C N .s CCc O ,- L * Z N 4 Gale St .Q. MID St ''.:01 ® 65 0) = c Y E 0) as E a ' Monarch St 0 in m Aspen St o HIMMIHIMMI < ® o 0 o Aspen St c ¢ Q ;Q Y C o E a m m o 0 GGarmisch St m m d Q F. O U O d O to J d x W ,' k•INT-N\ • , �- (S) Z L (6l) L (OE) l l (9l) 4Z f (S£) £l , ryc i K. ---......._ (7 . V Y d s a d m (� (S) L Q m o- at(' Y KN--..._ C N d LL d > > r 67 N c co - = co Q 'Q w H unter n o g CO '' y C O 3 0 S. & 131 2 ti `I Galena Et ® LL m . . - Mill St S:: ..... d 0 c - E CD R (i E Monarch St co CiXi c0 ' IlliiiiMiiiRMIII /I Aspen S 0 a a Aspen St 0 — > > Y c ¢ a iii a R d C c o E a m m x > 0 = 00 O Garmisch St x v o co C U C C 1 O O �' L- ,< CD O - CO -. O rOO J4. Uj(%) V N v:h CO 1r LO0LO ,� X00 ��CC N CO �4 ; � ���\ , ,; EMI We) o£ t (oz) of (sot) sl l _f c (oc) oz ( lo£)sz —► 4—(sl) c (ov) s4 (o9) o£ (s£) se j r (sZZ) OL l (s) 0' r (£) Z 4 11 s ( * y r' 41n* \ � o u�/ I \` o La r LO CO • m o d n " 7 O>O 1t m - M V a,_ (s)£_# t(oL)s (oll)( &_(7)oI 3Y>. m o -► f(l) l a (z)z (OZ)slThy r(GOel (£)0 u 0 too m X11 Ii ° � ° 'N - CD = ' 0 a ' O n CL e LL I Zi b6 Lift One Master Plan Transportation Analysis Main Street Volumes About 43 AM and 48 PM peak hour project trips would add to Main Street traffic measured west of Garmisch Street. During the AM peak hour, this is 11 westbound and 32 eastbound. During the PM, the volume is higher with 30 westbound and 18 eastbound trips. Winter day counts show an existing volume of about 1,900 vehicles on Main Street, west of Garmisch, during the AM peak hour and almost 2,200 vehicles during the PM peak hour. Vehicle trips added for future background development as discussed in this report will change these volumes only slightly. Aspen Street Volumes All of the project vehicle trips are expected to pass through the Durant Ave /Aspen St intersection. During the AM this is 20 outbound and 49 inbound trips. During the PM, the volume is higher with 54 outbound and 31 inbound trips. With the anticipated off -site development included in background 2011 winter day traffic, about 430 vehicles will pass through this intersection during the AM peak hour and almost 455 during the PM peak hour without the project. Hence, project trips would represent an additional 16% to the AM and 19% to PM future background peak hour volumes through this intersection. Traffic Operation and Level Of Service Table 7 summarizes the level of service of operation for winter peak hours, comparing the existing, 2011 background only and with - project conditions. As shown, all intersections maintain the same overall LOS with project trips added. The low volume north and southbound left turns from Garmisch to Main Street continue to operate at LOS F. This northbound PM volume of 15 vehicles could experience delays of nearly 100 seconds, encouraging motorists to instead make that left turn at the Main St /Aspen St signalized intersection where delay for this left turn is expected to be less than 20 seconds and LOS B in the PM peak hour. Operation at the Durant /Aspen intersection continues overall at LOS A, yet the eastbound approach drops slightly from LOS B to C with less than 2 seconds of added delay. This redistribution of traffic reduces the overall delay slightly, yet imperceptibly to motorists. Table 7. Winter Peak Hour Level of Service with Project Existing 2011 Background 2011 with Project Intersection AM PM AM PM AM PM LOS delay LOS delay LOS delay LOS delay LOS delay LOS delay Signalized Main Street & Aspen St B 12.4 sec. B 14,8 sec. B 13.5 sec. B 15.6 sec. B 14.3 sec. B 16.5 sec. Stop- Control Main Street & Garmisch St A 1 0.9 sec. A 1 1.2 sec. A 1 1.0 sec. A 1 1.2 sec. A 1 0.9 sec. A 1 1.3 sec. Durant Ave & Garmisch St A 7.5 sec. A 7.6 sec. A 7.5 sec. A 7.6 sec. A 7.6 sec. A 7.6 sec. Durant Ave & Aspen St A 9.9 sec. A 9.7 sec. A 9.4 sec. A 9.5 sec. A 9.5 sec. A 9.2 sec. Source: TDA Colorado 1. Minor northbound and southbound left turns from Garmisch operate at LOS F in peak periods. April 2011 19 TDA 69 Lift One Master Plan Transportation Analysis Detailed Level of Service analysis results are presented in Appendix A, showing LOS and seconds of delay for each movement through each of the four intersections analyzed, for the Existing, Background Only and With Project conditions. MASTER PLAN AREA MOBILITY Lift 1 Lodge will promote alternatives to low- occupancy vehicle trips while improving overall mobility by focusing on three strategies: 1. Improve pedestrian access to Rubey Park and the Town Core 2. Capitalize on the site's close proximity to Rubey Park regional and local transit service and the Town Core 3. Manage public parking to reward carpooling use Pedestrian Access The area currently has a number of significant barriers for pedestrian access. There are no sidewalks along South Aspen St. or Deane St. and thus no safe, inviting way for pedestrians to access the area. Pedestrians currently walk in the travelway on both streets. Walking becomes especially hazardous when the roadway is icy. Significant pedestrian improvements are planned that will provide better access to Willoughby Park and the historic assets relocated there, to Lift 1A, to the surface lift, and to Lift One Lodge. These include: • A new sidewalk along Deane St. from Aspen St. to Monarch St. will provide pedestrian continuity to the Gondola Plaza and Rubey Park, and • Deane St. streetscape will have a strong a pedestrian orientation. • A new sidewalk will be constructed along S. Aspen St. from Deane St. to the Lift 1A base. The sidewalk will be heated in winter to maintain pedestrian access along the steep walkway toward the lift, to the restaurant at the lodge, and lodge itself. Public Parking Garage Operation Plan The 50 public parking spaces provided in the underground garage replace existing on- street parking per City Council Resolution 52 of 2009. The garage will be owned and operated • by the Lift One Lodge in accordance with an operating plan approved by the City of Aspen Parking Director. The garage will be fee based and operated in a manner that encourages carpooling, replace some level of resident permit parking spaces and replace the 2 —hour parking supply that exists on S. Aspen St. While specifics of the final operations plan for the garage will be detailed and approved prior to issuance of Certificate of Occupancy, the minimum elements of the plan to be detailed include: • Carpool permit - number of spaces, occupancy of vehicles, permitting • Hours of operation Aprlf2ott 20 TDA 70 Lift One blaster Plan Transportation Analysis • Parking control and equipment • Event Parking • Residential permits - number of spaces, permitting • Commitment to operating plan review biannually with Parking Director in order to optimize usage of garage for public benefit • An agreement that assurance permanent public access to the 50 spaces Apri[ 20!/ 21 TDA 71 Lift One Master Plan Transportation Analysis TRANSPORTATION DEMAND MANAGEMENT In addition to improving pedestrian access and managing the parking garage in a manner that supports carpooling and alternative transportation modes, the Lift One Lodge commits to a package of transportation demand management (TDM) measures to reduce traffic associated with this new attractor. The Lift 1 Lodge web site and promotional materials will tout the ski -in ski -out location, proximity to public transportation and the array of alternatives to personal auto travel that will be available to guests of the Lodge. The Lift 1 Lodge TDM plan's pro- active, sustainable measures are listed below by trip maker. The City Transportation Department reserves the right to verify compliance with these measures after the 1 ", 5` and 10t year of lodge operation. Lodge Guests • On- demand shuttle service for guests utilizing low or no emission vehicles. Vehicle capacity will be between five and 14 passengers. Regular service between 7:00 AM and 10 PM and by special request 24 hours a day. • Aspen Airport shuttle service during airport hours of operation • Provide an on -site bike fleet for use by guests /members. At least 10 bicycles (and a supply of helmets) will be available between May 1 and October 1. Bikes will be maintained in good working order and will be replaced as needed. Any finding that 10 bicycles are not readily available will require corrective action within 30 days. Lodge Employees • A designated employee will have managing the TDM plan and participating in the City's TOP program a part of their job description • Provide 1 /2 priced RFTA bus pass subsidy for employees not to exceed in aggregate $10,000 per calendar year for a period of 10 years • Provide an Emergency Ride Home back -up program for transit commuters • Provide carpool matching - internal first, then through TOP • Provide a bike fleet for employee use (see above) On - site Affordable Housing Resident • Will pay the application fee and monthly corporate membership for participation in a car sharing program for at least five years. The employee pays for usage expenses. Restaurant Patrons • • Provide on- demand shuttle transport for locals and guests in town core to and from restaurant Apr 12011 22 TDA 72 Lift One Master Plan Transportation Analysis TDM Vehicle Trip Reductions Taken collectively, we estimate the Mobility and TDM programs described above could eliminate eleven AM and nine PM peak hour low- occupancy vehicle trips on a typical high season winter day, see Table 9. This translates to a 13% reduction in Lift One Lodge vehicle trips for both the morning and afternoon peaks from conventional trip generation expectations. Table 9. TDM Vehicle Trip Reduction Estimates Lift One Lodge Development Program Anticipated Trip Reduction Elements PM Peak Hour AM Peak Hour Total IN OUT Total IN OUT TOTAL New Project Vehicle Trips 1 85 31 54 69 49 20 Trips to be removed with TDM Plan 80% of Auto Trips for 8 of 16 Affordable Housing Beds 2 1 1 2 0 2 25% of Lodge Guest & Employee Auto Trips 9 4 5 7 5 2 Estimated Vehicle Trip Reduction with TDM Plan 11 5 6 9 5 4 Total New Vehicle Trips 74 26 48 60 44 16 Source: TDA Colorado 1) See Table 6; Vehicle Trip Generation April 2011 23 TDA 73 Lift One Master Plan Transportation Analysis QUALITY OF SERVICE The City of Aspen and other jurisdictions are broadening impact evaluation guidelines to identify and determine quality of service experience for all travel modes: pedestrian, bicycle, transit as well as motorists. Key to promoting alternative travel modes is creating a safe, inviting and reliable experience for pedestrians, bike riders and transit patrons. Table 8 describes a qualitative assessment of existing and future quality of service for motorists, pedestrians, cyclists, and transit users in consideration of the Lift 1 Lodge pro- active mobility, parking operation and TDM plans described above. Table 8 Quality of Service by Mode of Arrival Lift One Master Plan Quality of Service Considerations Lift One Master Plan Automobile Intersection operation in the vicinity will remain in the same • Corridor Travel Times acceptable range (LOS A and B) as existing, therefore no • Intersection Delay perceptible change in delay to motorists with this project. • Queue Length Existing - LOSA &B With Project- LOSA &B Pedestrian The project will reduce the width of S. Aspen street to two travel • Presence, connectivity & sidewalk width lanes (no parking lanes) and add an attached, all- weather snow- • Lateral Separation of Traffic melted sidewalk. There will be just two driveways crossing the • Barriers & Buffers from Traffic along the 600 -ft. project frontage. • Crossing Opportunities Roadway and ambient illumination & activity will enhance • Delays at Intersections pedestrian security & comfort. • Driveway Frequency & Volumes • Visitor Experience Existing -- LOS E With Project - LOS A Bicycle Bike riders will have a newly paved, shared, low - volume 2 -lane • Presence of Dedicated Facility S. Aspen St, with only occasional delivery trucks/step vans and • Network Connectivity no large transit coaches • Number & Width of Travel Lanes adjacent to Route • Volume & Speed of Traffic • Percent of Trucks & Buses encountered • Pavement Condition Existing - LOS C With Project- LOS B Transit • Frequency & Hours of Service Courtesy van service will be provided for guests & staff • Reliability of Service Good 2 -block pedestrian access to Rubey Park transit station • Passenger Loads via Deane St. corridor (by others) • Travel Times Prominent pedestrian plaza & amenities at Deane St. drop -off loop. Existing - LOS E With Project - LOS B The most noticeable quality improvement will be achieved in the category of pedestrian access and circulation, moving from LOS E currently to LOS A with the project. April 20I1 24 TDA • I4 Lift One Master Plan Transportation Analysis SUMMARY AND FINDINGS The Lift One Master Plan project is defined collectively as the Lift One Lodge and the Museum development proposals, including the Skiers Chalet Steak House and the Skiers Chalet Lodge. The project presents a mix of market -rate rental and ownership lodging, employee housing, and restaurant uses as support to the lodging and a museum open to the public. Public parking will be provided in the lower level of the museum. In addition to the private parking provided on site for lodging and restaurant uses, club membership spaces will be provided in the underground parking garage. The combined new development projects are expected to generate 69 vehicle trips in the AM peak hour, 85 in the PM peak and about 710 vehicle trips through the course of a 24- hour high season winter day. Free - market lodging and housing represents 40% of the new daily trips, while the affordable housing share of trips is 8 %. Commercial and restaurant uses comprise about 14% of all daily vehicle trips to and from the project area, while the museum represents about 7 %. The skier drop -off & pick -ups account for 11 %, while club member parking accounts for about 20% of the daily vehicle trips to and from the site. Included in these totals are an expected 15 to 20 service and delivery arrivals on a typical weekday'. Nearly all delivery vehicles (FedEx, UPS, food & beverage) will be trucks already servicing downtown establishments and hence, will not be "new" trips generated exclusively by the project. Traffic associated with three other planned developments in the vicinity is added to the existing traffic volumes to establish the cumulative background condition for 2011. These nearby developments are estimated to add 345 daily vehicle trips, of which 23 and 32 trips will occur during the AM and PM peak hours, respectively. Traffic operation at the four study intersections will not change significantly from existing conditions. The three unsignalized intersections currently operate at a very high level of service A and are expected to continue at LOS A with the completed project and the added trips from the proposed Centurion Townhomes, Chart House and Dancing Bear lodging projects in the vicinity. The northbound and southbound left turns at the Main Street /Garmisch Street intersection currently operate at LOS F with lengthy delays for the few vehicles making these turns. They conflict with the high through volumes along Main Street. Most motorists wishing to make left turns onto Main Street during peak travel times opt to reroute to the signalized intersection at Main Street /Aspen Street, one block east. This signalized intersection currently operates at LOS B with minimal average delay, and will maintain LOS B operation in both the AM and PM peak hours with the Lift One Master Plan project. The project incorporates a number of qualitative amenities that will encourage alternatives to auto trips. Reconstructed 2 -lane S. Aspen Street will include an attached, snow - melted ' Bob Schultz, Master Plan Project Questions & Answers, 2p. 04 SEP 2008. April 20ll 25 TDA 75 Lift One Master Plan Transportation Analysis sidewalk, with just two driveway crossings. A new drop -off loop and pedestrian plaza will be constructed at the Deane Street intersection. Viewed in the context of planned pedestrian enhancements along Deane Street, Lift 1 Lodge guests, patrons and staff will have a comfortable, convenient 2 -block link to Rubey Park transit and Downtown attractions. A package of Lodge mobility, parking garage operation and TDM plans have been crafted in cooperation with City transportation staff. Taken collectively, these strategies should easily reduce project AM and PM peak period site vehicle trips by at least 13% during high season high- occupancy winter days. Club member parking would constitute about one - third of the resultant 74 project vehicle trips (26 inbound, 48 outbound) in the PM peak hour. It is anticipated that a large portion of Member trips included in this volume will be motorists shifting from their current practice of searching in -town for a convenient parking spot to coming straight to the Lodge where they will have an assured parking space. Accordingly, a significant number of Member vehicle trips will be diverted from rather than added to Main Street by virtue of this project. April 2011 26 TDA Lift One Master Plan Transportation Analysis Appendices A. Level of Service Detail Table B. Level of Service (LOS) Definitions C. Glossary D. LOS Worksheets Apra 2011 27 TDA 77 Lift One Master Plan Transportation Analysis APPENDIX A Level of Service Detail Table 2011 2011 2011 2011 Intersection and Approach Approach Existing AM AM Pk Hr AM Pk Hr Existing PM PM Pk Hr PM Pk Hr Critical Movements Priority Control Peak Hour Background wl Project at Peak Hour Background w/ Project at Only Buildout Only Buildout Durant Ave & Aspen St Unsignalized Unsignalized Unsignalized Unsignalized Unsignalized Unsignalized Eastbound minor Stop B (14.2) B (13.9) B (14.5) B (14.0) B (14.0) C (15.1) Westbound minor Stop 8 (10.8) 8 (11.0) B (12.6) B (11.3) B (11.9) B (13.5) Northbound Major Free A (0.8) A (0.4) A (0.3) A (0.7) A (0.5) A (0.2) Southbound Major Free A (6.8) A (6.5) A (5.6) A (6.4) A (6.0) A (5.6) Avg Intersection Delay seGveh 9.9 sec. 9.4 sec. 9.5 sec. 9.7 sec. 9.5 sec. 9.2 sec. Overall Intersection LOS A A A A A A Durant Ave & Garmisch St T intersection Unsignalized Unsignalized Unsignalized Unsignakzed Unsignalized Unsignalized Westbound Left& Right Major Yield A (6.8) A (6.8) A (6.8) A (6.9) A (6.9) A (6.9) Northbound Thm & Right minor Stop A (6.5) A (6.5) A (6.5) A (6.8) A (6.8) A (6.8) Southbound Left& Thru Major Yield A (7.8) A (7.8) A (7.9) A (7.9) A (7.9) A (7.9) Avg Intersection Delay sedveh 7.5 sec. 7.5 sec. 7.6 sec. 7.6 sec. 7.6 sec. 7.6 sec. Overall Intersection LOS A A A A A A Main Street & Garmisch St Unsignalized Unsignalized Unsignalized Unsignalized Unsignalized Unsignalized Eastbound Left Major Free A (9.3) A (9.3) A (9.4) 8 (10.4) 8 (10.4) B (10.5) Eastbound Thru & Right Major Free A A A A A A Westbound Left Major Free B(11.1) B(11.1) 801.2) B (11.0) 801.1) 801.2) Westbound Thru & Right Major Free A A A A A A Norhbound Left& Thni minor Stop F (65.7) F (70.7) F (71.6) F (87.6) F (92.7) F (98.9) Northbound Right minor Stop B (13.0) B (13.0) B (13.2) B (13.0) B (13.0) B (13.2) Southbound Left& Thm minor Stop F (56.0) F (57.8) F (60.0) F (88.2) F (92.3) F (100.8) Southbound Right minor Stop A (9.6) A (9.6) A (9.6) A (9.5) A (9.5) A (9.3) Avg Intersection Delay sedveh 0.9 sec. 1.0 sec. 0.9 1.2 sec. 1.2 sec. 1.3 sec. Overall Intersection LOS A A A A A A Main Street & Aspen St Signalized Signalized Signaled Signalized Signalized Signalized Eastbound Let Major permited A (8.5) A (9.4) A (10.0) B (11.3) B (12.1) B (12.9) Eastbound Thm & Right Major B (12.6) B (14.3) B (15.5) B (15.1) B (16.2) B (17.4) Westbound Left Major permited A (9.1) B (10.5) 8 (12.2) B (11.6) B (12.9) B (15.3) Westbound lhm &Right Major B(10.3) B(11.6) B(12.2) B(14.3) B(15.1) B(16.0) Norhbound Left& Thru minor permited C (20.2) B (18.7) B (18.0) B (18.9) B (184) B (18.7) Northbound Right minor A (9.2) A (7.6) A (7.2) A (7.2) A (6.4) A (5.5) Southbound Lett& Thm minor permited B (15.8) B (14.4) B (13.8) B (13.7) 8 (13.2) 8 (12.6) Southbound Rght minor A (6.1) A (5.4) A (5.2) A (5.1) A (4.9) A (4.7) Avg Intersection Delay seGveh 12.4 sec. 13.5 sec. 14.34 sec. 14.8 sec. 15.6 sec. 16.5 sec. Overall Intersection LOS B B B B B B Source: TDA Cdacth Apra 2011 28 TDA ru Lift One Master Plan Transportation Analysis APPENDIX B Intersection Level of Service Definitions Level of Service (LOS) s a qualitative assessment of intersection operations based on the average delay (in seconds) incurred by vehicles. Delay is a surrogate measure of driver frustration, fuel consumption, and lost travel time. For unsignalized intersections, the total delay is calculated. Total delay is the difference between vehicles' actual travel time through the intersection and the travel time if the vehicle had not been stopped or slowed. Only minor movements and major left- turning movements are reported at two -way stop - controlled intersections. Major through movements have no delay. For signalized intersections, stopped delay is estimated. Stopped delay is the time period when vehicles are in a fully- stopped position, and does not include deceleration /acceleration time or queue move -up time. Level of Service "A" represents minimal delays and is associated with free - flowing traffic, while LOS "F" is associated with long delays and poor traffic flow. The range of delay for each LOS score for unsignalized and signalized intersections is: LOS UNSIGNALIZED INTERSECTIONS SIGNALIZED INTERSECTIONS (Total Delay in Seconds) (Stopped Delay in Seconds) A <_ 10 _< 10 B > 10 and <_ 15 > 10 and <_ 20 C > 15 and 25 > 20 and <_ 35 D > 25 and <_ 35 > 35 and <_ 55 E > 35 and <_ 50 > 55 and <_ 80 F >50 >80 Source: 2000 Highway Capacity Manual Update. Level of Service "F" is not necessarily indicative of intersection failure. Rather, LOS F may indicate that drivers would experience long delays due to the timing of the traffic signal or other operational problems. High volumes of traffic may still flow through an intersection at overall LOS F. Further, an intersection may operate at overall LOS A, even though one or more approaches or movements operate at LOS F. This is true because oftentimes the movement /approach which is operating poorly has very low volumes. The LOS designation is based on the overall operation of the intersection. In other words, an intersection with 1,000 cars moving through it would still operate well if the movement experiencing the long or unacceptable delay carries just a few cars. Delay is derived from analyzing the ratio of critical volumes to capacity. The software module cannot calculate LOS or delay when volumes exceed capacity by a certain amount. In that case, "a" may appear in the LOS calculation. Generally, LOS is shown as " *" when volume exceeds capacity. Although it is sometimes true that an intersection operates at LOS F when appears, this is not always true. Apri! 2011 29 TDA • 79 Lift One Master Plan Transportation Analysis APPENDIX C Glossary of Terms AVO Average Vehicle Occupancy. The average number of people riding in a vehicle at one time. Also referred to as ACO for Average Car Occupancy. Background Growth A general level of traffic increase not related to a specific site or project. It is usually expressed as an annual percentage rate of growth. Capacity The maximum number of vehicles that can be expected to travel over a given section of roadway or a specific lane during a given time period under prevailing roadway and prevailing traffic conditions. • Design Day A design day is generally a busy day during the peak business season, but not the busiest. Selection of a design day is often used for determining parking needs and traffic volumes. A facility designed to serve the busiest day of the season would result in substantial excess capacity for all but a few days of the year, an unrealistic standard. The design day standard provides a balance: adequate capacity for most days of the year with recognition that it may be exceeded on five to ten days per year. Design Year The year a development is scheduled to open. Headway The time between vehicles moving in the same direction. Often used to indicate the frequency of buses on a particular bus route. HOV High- Occupancy Vehicle. Level of Service (LOS) A measure of intersection or roadway operating quality ranging from LOS A (minimal delay) to LOS F (lon delay). Mode Split The percentage of persons in a group which choose to travel by one of a variety of different modal choices such as auto, pedestrian, transit, and others. Parking Generation The number of parking spaces occupied by one unit of measure (e.g., per employee, per apartment) sometimes calculated as parking generation rate in ITE's Parking Generation Manual. Pass - By Trips In the case of a new development, particularly retail establishments; certain restaurants, banks, service stations, and convenience markets, trips are attracted from the passing traffic on adjacent streets - that is, traffic already "passing by" the site. Thus, when forecasted trips based on standard trip generation rates or equations are distributed, some reduction is made to account for those trips. Peak Hour The hour of the day during which the heaviest volume of traffic occurs on a roadway. Often there is an a.m. and p.m. peak hour. Practical Capacity Parking facilities are rarely completely full due to turnover and the difficulty in finding the few remaining open spaces. For example, for retail customers, practical capacity is generally 85% of the supply. For office employees who are familiar with a parking facility, practical capacity generally rises to 95 %. Queue Area Storage space of a street or within a parking facility for vehicles entering or exiting. Shared Parking Parking spaces that can be used to service two or more individual land uses without conflict or encroachment. The opportunity to implement shared parking is the result of two conditions: variation in the peak accumulation of parked vehicles as the result of different activity pattern of adjacent or April2011 30 TDA 0 Lift One Master Plan Transportation Analysis nearby land uses (by hour, by day, by season); relationships among land use activities that result in people's attraction to two or more land uses on a single auto trip to a given area or development. Signal Phase That part of a traffic signal's time -cycle allocated to a traffic movement (e.g., left turns) or a combination of movements receiving the right -of -way simultaneously. SOV Single Occupant Vehicle Traffic Warrants Criteria used to assess the necessity for traffic control devices (e.g. traffic signal). Transportation Management TDM - Transportation Demand Management TMA - Transportation Management Association TMO - Transportation Management Ordinance TMP - Transportation Management Plan VMT - Vehicle Miles Traveled Trip A single or one - direction vehicle movement with either the origin or the destination (exiting or entering) inside a study site. Trip Assignment The assignment of vehicle trip volumes to the roadway network and the assignment of site - generated vehicle trip volumes to individual driveways /roadways of the development. Trip Distribution The expected directional distribution of site - generated traffic on roadway links and intersections within the study area. Trip Ends One trip end is equal to one trip. For trip generation purposes, total trip ends for a land use over a given period of time are the total of all trips entering plus all trips exiting a site during that designated time. Trip Generation The number of trips generated by a development; sometimes calculated in trip ends, as in ITE's Trip Generation Manual. Generally, trips both to and from a development are counted. V/C Ratio Volume to capacity ratio between the flow rate of vehicles and /or people to the capacity of a traffic facility. Italicized terms within a definition are separately defined elsewhere in the glossary. Sources: TDA Inc., ITE, Urban Land Institute, Highway Capacity Manual, FTA, APA. Version: 11/92 April 20.11 31 TDA 81 Lift One Master Plan Transportation Analysis APPENDIX D LOS Worksheets Level -of- Service Synchro Worksheets Existing: AM & PM Peak Hours . Durant Ave & Aspen St • Durant Ave & Garmisch St • Main St & Garmisch St • Main St & Aspen St Background 2010: AM & PM Peak Hours • Durant Ave & Aspen St • Durant Ave & Garmisch St • Main St & Garmisch St • Main St & Aspen St Total 2010 w /Project: AM & PM Peak Hours . Durant Ave & Aspen St • Durant Ave & Garmisch St • Main St & Garmisch St • Main St & Aspen St Apra 20// 32 TDA EXHIBIT $—P Chaffin/Light Management J Roaring Fork Mountain Lodge — Aspen, LLC 24398 Highway 82 A irs .4 Basalt, CO 81621 August 23, 2011 VIA EMAIL AND HAND DELIVERY: City of Aspen Planning and Zoning Commission c/o Chris Bendon, Community Development Director 130 S. Galena Street, 3rd Floor Aspen, CO 81611 E -mail: chris.bendon @ci.aspen.co.us RE: Lift One Lodge — PUD and Timeshare Review Dear Commissioners: The purpose of this letter is to publicly acknowledge an agreement between applicant, Roaring Fork Mountain Lodge — Aspen, LLC, a Delaware limited liability company ( "Applicant ") and Silver Shadow Condominium Association, Inc. ( "Silver Shadow "), a neighboring property owner. Based upon the continuing good faith effort to resolve issues of concern to Silver Shadow and in order to allow time for that effort to succeed, Silver Shadow has agreed not to express its on -going objections to the Lift One Lodge project at the Planning and Zoning Commission hearing scheduled for Tuesday, August 23, 2011. Applicant appreciates this courtesy, and in return, among other agreements, has agreed and acknowledges that Silver Shadow will not be precluded from expressing objections of any nature relating to the Lift One Lodge in hearings before the Aspen City Council. Applicant has agreed not to object to any presentation to the City Council of information, concerns or objections relating to the project which Silver Shadow may have presented to the Planning and Zoning Commission. Applicant may disagree with any presentations made by Silver Shadow and may present contrary evidence or arguments, but Applicant acknowledges Silver Shadow's right to present any objection at the City Council hearings that it raised or could have raised at the Planning and Zoning Commission hearings. We look forward to continuing a productive, good -faith dialogue with Silver Shadow to try to respond objections and concerns. S' A' ob E. Daniel, Jr. cc: David J. Myler, Esq. — The Myler Law Firm Eben Clark — ThomasiGenshaft, PC Bob Schultz Silver Shadow Condominium Association, Inc. r August 23, 2011 �z arc City of Aspen Planning and Zoning Commission 130 S. Galena, Aspen Colorado 81611 RE: Lift One Lodge Dear Commissioners, On Behalf of the Aspen Lodging Association and Frias Properties of Aspen I am writing in support of the Lift One Lodge as proposed by Chaffin Light. To the extent that Aspen was on the forefront of condominium development during the 1960's and 70's much of our lodging base is outdated and functionality obsolescent. To maintain competitiveness as a resort destination and a vibrant community Aspen needs new lodging accommodations and this great proposal helps to fulfill that need. The proposal provides for the following benefits: • The renovation of this historical neighborhood • Lodging beds • Securing the ski corridor to Willoughby Park • Ski museum • Housing • Activity in a dead area • Pedestrian Improvements • Infrastructure Improvements • Environmental quality commitments for the project Indeed the project brings many attributes to both the neighborhood and community; as such we solicit your vote in favor of the proposal. Thank you for your consideration. Best Regards, TIM CLARK, GRI MANAGING PARTNER FRIAS PROPERTIES OF ASPEN 730 EAST DURANT ASPEN, COLORADO 81611 970.920.2000 MAIN 970.920.2020 FAX 970.925.4000 DIRECT wvVW. FRIASPROPERTIES. COM Tr ria� pX P Ik; REAL ES / STATE 1 VACATION RENTALS I PROPERTY MANAGEMENT Page 1 of 1 EXHIBIT r-49- n Chris Bendon 1 L ;1. o From: Debbie Braun [dbraun @aspenchamber.org] Sent: Tuesday, August 23, 2011 9:12 AM To: Chris Bendon; Drew Alexander Cc: Adam Fortier; Charlie Bantis ; DPerry@aspensnowmass.com; Donnie Lee; Helen Klanderud ; Stan Clauson; warren@aspensquarehotel.com Subject: Lift one Project Hi Chris and Drew, it is my understanding that the Lift -One project is having difficulty moving out of P &Z and the last vote ended in a 3 -3 tie — PIKES! So many years of discussion and hard work, the Lift One Project provides the opportunity to refurbish and activate a very underutilized area at the base of Aspen Mountain. This comes with: • The renovation of this historical neighborhood • Lodging beds • Securing the ski corridor to Willoughby Park • Ski museum • Housing • Activity in a dead area • Pedestrian Improvements • Infrastructure Improvements • Environmental quality commitments for the project The Council asked the developer to use the basis of the plan from the COWOP to revise the project and approved the Conceptual PUD associated with that plan in the fall of 2009. They had some concerns about moving Lift 1A up hill and the mass and scale of the project. It's my understanding the final PUD submission that is currently being reviewed by the P/Z addresses both of those by the 40% reduction and elimination of moving Lift SA up hill. ACRA has participated in the planning process since 2006 and the developer has gone through exhaustive community input and review. The ACRA and lodging community support the revitalization of this important part of our town and urge the City P &Z to approve this project r , • moving it forward for Council review. Please let me know if you have any additional questions or how our organization may be of assistance. Thank you. Debbie Braun, IOM 1 President & CEO 1 Aspen Chamber Resort Association 1 425 Rio Grande PI., Aspen, CO 81611 tel. 970.920.7140 1 fax 970.920.1173 1 cell 970.948.5050 1 www.aspenchamber.org Follow ACRA on Twitter & Facebook! ilL CI P Please consider the environment before printing this e-mail Email secured by Check Point 8/23/2011 EXHIBIT AspEN sfr-A3-11 tya SOME August 22, 2011 TO: Aspen Planning and Zoning Commission FROM: Warren Klug I am writing to urge your positive consideration of the Bob Daniels Lift 1 project. I am well aware of the many meetings, negotiating sessions and reviews of this project that have taken place. I believe the project has been improved as a result, the developers have responded as requested, and now it is time to approve it. I feel as many in Aspen do, that the Lift 1 area REALLY needs to be improved and updated. This once vibrant portal to great Aspen Skiing is such a mess now, and the lift gets very little use. The proposed project will greatly enhance the whole area, and encourage further improvements to this valuable entry to Aspen skiing. Some important reasons to approve the project: 1. It has been reduced in size significantly since it was first presented, up to 40 %. The developers have responded to community input. 2. The project includes important improvements to the Skiers' Chalet building, Willoughby Park, and unique cooperation with the Aspen Historical Society for new museum development. It has received unanimous approval from the Historic Preservation Commission. 3. The project includes 100% employee housing mitigation, more than required. 4. Arrangements for a lift corridor and future surface lift to Lift 1A are included and funded. 5. The developer will be improving Aspen Street and Dean Street to be much more pedestrian friendly, again encouraging further area improvements and a better pedestrian corridor. Aspen Square Condominium Hotel 617 E Cooper Avenue — Aspen, Colorado 81611 970 - 925 -1000 —1- 800 - 8627736 As pensq ua reh otel. com P &Z: Page 2 6. The addition of new rental units is a major plus. The design of a fractional property that includes a commitment for active rentals should provide for good occupancy, and provide a new hotel -style facility that adds to our rental bed base. The project has been in the planning process since 2006 and has had significant community input and review. It was part of the first COWOP (Recommended for approval) and has since been separated from other development proposals so this one can proceed. I see the proposed Lodge at Lift 1 as a very positive and needed redevelopment of this important part of Aspen, an area that has been neglected far too long. The developers have done an excellent job in addressing community and regulatory concerns, and it is time for it to be approved. Aspen needs what this project brings to the Lift 1 area. As an Aspen resident and local lodging operator, I urge P &Z approval now. Thank you! Warren E. Klug General Manager Aspen Square Condominium Hotel 617 E Cooper Avenue — Aspen, Colorado 81611 970 - 925 -1000 —1- 800 - 8627736 Aspensquarehotel.com P1 • ... . MEMORANDUM TO: Aspen Planning and Zoning Commission. THRU: Jennifer Phelan, Community Development Deputy Director& FROM: Sara Adams, Senior Planner' RE: Vacation Rentals Code Amendment DATE: August 23, 2011 (continued from 7/5, 7/19, 8/2, and 8/16) Staff has responded to some of the questions raised during the previous meeting with clarifying changes to the proposed code amendment language. There seems to be a concern among some members of the Commission that allowing unlimited vacation rentals will negatively impact neighborhoods. It is difficult to quantify the number of vacation rentals that are currently in operation today to determine exactly how many new rentals are possible. The overall lack of understanding in the community about the current code regulations (i.e. most community members that I spoke with did not know that rentals are restricted by zoning) can lead one to believe that homeowners with a desire to rent their properties are already doing so. I have included the staff memo from August 16 for the Commission's reference if needed. CLARIFICATIONS /CHANGES TO PROPOSED LANGUAGE SINCE 8/16 MEETING: Additions look like this and are underlined. ` - - • - - •• - •• - - - - Section 1: To address concerns about the difference between a Bed and Breakfast and a Vacation Rental, Staff has changed the definition of Vacation Rental to read as follows: Vacation rental. The short term occupancy of a residential dwelling unit by the general public for a fee. Vacation rentals shall not include the rental of individual rooms. Under this definition, the rental of individual rooms within a residence is not permitted as it would be considered a bed and breakfast or lodge use. This also alleviates some concerns about parking and neighborhood impacts by prohibiting individual parties from renting out separate rooms in one house. It does not prohibit two families, for example, from renting a single family home together because the rental includes the entire residence and not individual rooms. Section 2.B Annual Vacation Rental Permit Required. 1. Staff added language to clarify that an authorized representative of the owner may apply for a vacation rental permit on the owner's behalf. Vacation Rental Code Amendment P &Z memo, August 23, 2011 Page 1 of 3 P2 2. Staff added Bed and Breakfast to the list of uses that do not require a vacation rental permit. Section 2.0 Vacation Rental Standards. 2. Business License: Staff added the following language to clarify that an individual business license is not required for each property if the property is managed by a company that holds a valid City of Aspen business license. Any person who owns or represents one or more Vacation Rentals shall obtain an annual City of Aspen business license pursuant to Chapter 14.08, Business Licenses. If an individual or business entity acts as a designated representative of one or more Vacation Rentals, only one business license is required. However, each residential unit shall obtain a Vacation Rental Permit. 5. Local owner representative: Staff added the following language to specify that the local owner representative may be the actual owner of the property if the owner is located within the Roaring Fork Valley while the property is rented. The owner of a Vacation Rentals, if residing in the Roaring Fork Valley, or -shall-appeint and a designated an owner representative of the owner residing within the Roaring Fork Valley, whe4s shall be on call to manage the Vacation Rental during any period within which the Vacation Rental is occupied. The name, phone number and address of the local owner or the local owner representative shall be provided to the Community Development Department at time of application for a Vacation Rental Permit and posted on the City website. It is recommended, but not required, that a sign identifying . the representative's name and number be posted on the property. It is the responsibility of the owner representative to inform Vacation Rental occupants about all relevant City of Aspen ordinances including, but not limited to parking, trash and noise. 7. Notice: Staff added the following language to better define notice to adjacent neighbors. The definitions section of the code defines adjacent parcel as "sharing all or part of one (1) common lot line with another lot or parcel of land, or would share all or part of one (1) common lot line if not for the separation caused by a street, alley, sidewalk, railroad right -of -way, utility line, trail or irrigation ditch." Mail notice to neighbors adjacent parcels, as defined in Section 26.104.100 Definitions, to the Vacation Rental notifying neighbors that (i) the Community Development Department issued a Vacation Rental Permit for the subject property; and, (ii) the name and contact information for the owner's representative. Vacation Rental Code Amendment P &Z memo, August 23, 2011 Page 2 of 3 P3 RECOMMENDED DISCUSSION: Staff was directed by Council to pursue a code amendment for vacation rentals. Should the Commission decide to deny the proposed resolution, staff recommends clear direction on the following points: 1. Should vacation rentals be allowed in Aspen? 2. If so, what zone districts should allow vacation rentals? a. All zone districts that allow residential uses. b. Only lodging zone districts (L, CL, LP, LO). c. Only lodging and commercial /mixed use districts (L, CL, LP, LO, CC, Cl, MU) d. Only lodging and residential zone districts. e. Only within the inftll area. 3. Do you support a vacation rental revocable permit process? And what type of process? a. yes, with an administrative review for a rental permit. b. yes, with a conditional use review at P &Z. c. no, just process the business license. 4. If review standards are appropriate which standards are important? a. trash. b. parking. c. owner representative. d. notice to neighbors. e. proof of business license. Staff Comments: Staff finds that the market will dictate demand and popularity of rentals, and that the proposed review standards mitigate impacts on neighborhood character and long term residents. Furthermore, restricting the number of rentals allowed in each zone district does not necessarily insure that impacts are lessened on neighborhoods or neighbors. Compliance with a limited number of rentals is extremely challenging to enforce and to regulate. NEXT STEPS: Review by City Council. STAFF RECOMMENDATION: Staff finds that the proposed amendment is consistent with the AACP, as outlined in Exhibit A, and recommends that the Planning and Zoning Commission recommend approval to City Council. ATTACHMENTS: Resolution # , Series of 2011 EXHIBIT A — Section 26.310.040 Standards of Review EXHIBIT B - CAST survey EXHIBIT C — Staff Memo dated August 16, 2011 Vacation Rental Code Amendment P &Z memo, August 23, 2011 Page 3 of 3 P4 RESOLUTION No. _ t ' Up (Series of 2011) - A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION, ASPEN, COLORADO, RECOMMENDING THAT CITY COUNCIL AMEND THE ASPEN MUNICIPAL CODE BY AMENDING SECTION 26.104.100, DEFINITIONS, AMENDING VARIOUS SECTIONS OF CHAPTER 26.710, ZONE DISTRICTS, AND ADDING A NEW SECTION 26.575.220, VACATION RENTALS,. WHEREAS, in accordance with Sections 26.210 and 26.310 of the City of Aspen Land Use Code, the Director of the Community Development Department initiated amendments to the Land Use Code related to Section 26.104.100, Definitions, Chapter 26.710, Zone Districts, and adding a new Section 26.575.220, Vacation Rentals; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Community Development Director and then by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Section 26.104.100, Definitions, Chapter 26.710, Zone Districts, and adding a new Section 26.575.220, Vacation Rentals, as described herein; and, WHEREAS, the Planning and Zoning Commission held a duly noticed public hearing to consider the proposed amendments described herein on July 19, 2011 continued from July 5, 2011, took and considered public testimony and the recommendation of the Community Development Director and recommended, by a _ - vote, that City Council adopt the proposed amendments. WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all the applicable standards and that the approval of the amendments are consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND . ZONING COMMISSION as follows: Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 1 of 19 P5 Section 1. That Section 26.104.100 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to add the definition of the term "Vacation rental ", and by amending the definitions of the terms, "Hotel ", "Long term ", and "Short term ", which amended terms shall read as follows: Hotel (a.k.a. Lodge). A building or parcel containing individual units used for overnight lodging by the general public on a short-term basis for a fee, with or without kitchens within individual units, with or without meals provided and which has common reservation and cleaning services, combined utilities and on -site management and reception services. Timeshare (a.k.a. fractional) units and timeshare developments are considered hotels for the purposes of the Land Use Code. For hotels with flexible unit configurations, also known as "lock -off units," each rentable division or "key" shall constitute a lodge unit for the purposes of this Title. Unless otherwise approved pursuant to Chapter 26.590 — Timeshare Development, occupancy periods of a hotel or unit thereof, by any one (1) person or entity with an ownership interest in the hotel or units thereof, shall not exceed thirty (30) consecutive days or exceed ninety (90) days within any calendar year, regardless of the form of ownership. Occupancy periods for person or entities with no ownership interested (e.g. vacationers) shall be limited only by the ninety -days per calendar year requirement. Long term. The occupancy of a dwelling unit for residential purposes for a time period greater than thirty (30) days. Short The occupancy of a hotel, lodge unit, or vacation rental for a time period equal to or lesser than thirty (30) days in duration. Vacation rental. The short term occupancy of a residential dwelling unit by the general public for a fee. A vacation rental shall not include the rental of individual rooms within a residential dwelling unit. Section 2. That the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding a Section 26.575.220 which said Section shall read as follows: 26.575.220 Vacation Rentals A. Intent and purpose The purpose of this section is to establish the procedures and standards by which Vacation Rentals (See § 26.104.100, Definitions), of residential units are permitted within the City. It is the City's intent to establish Vacation Rental regulations that promote a mix of lodging options that support the City of Aspen's tourism base and local economy; that uphold the health, safety and welfare of the public; and, that protect long term residential neighborhoods by ensuring that the impacts of Vacation Rentals do not adversely affect the residents and the character of residential areas. Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 2 of 19 P6 B. Annual Vacation Rental Permit Required. 1. It shall be unlawful for any person, whether a principal or agent, clerk or employee, either for him or herself, or for any other person or for anybody, corporation or otherwise, to lease or operate a Vacation Rental without first obtaining an Annual Vacation Rental Permit in accordance with the provisions of this Section or operating same in violation of the standards set forth herein. An annual Vacation Rental Permit may be obtained by an authorized representative of the property owner. 2. This section shall not apply to leases or other rental arrangements in Lodges, Timeshare Lodges, Bed and Breakfasts and Hotels. (See Section 26.104.100, Definitions, for definitions of these terms.) 2,3. It shall be unlawful for any person, whether a principal or agent, clerk or employee, either for him or herself, or for any other person or for anybody, corporation or otherwise, to lease or operate a Vacation Rental in a Bandit Unit or an Affordable feats, C. Vacation Rental Standards. The following standards shall be applicable to Vacation Rentals. 1. Homeowners' Association Notification. When the proposed Vacation Rental is part of a common interest community, a letter shall be submitted to the Homeowners' Association providing notification of an application for a vacation rental permit. 2. Business License. Any person who owns or represents one or more Vacation Rentals shall obtain an annual City of Aspen business license pursuant to Chapter 14.08, Business Licenses. If an individual or business entity acts as a designated representative of one or more Vacation Rentals, only one business license is required. However, each residential unit shall obtain a Vacation Rental Permit. 3. Parking requirement. Vacation Rentals shall provide adequate off - street parking in compliance with Section 26.515, Off - street Parking, or on- street parking in compliance with Section 24.16.060, Residential guest permit and /or Section 24.16.070, Lodge guest permit. 4. Trash/storage requirement. Vacation Rentals shall provide clearly defined trash and recycle area and Wildlife - Resistant Trash and Recycling Enclosures, as specified in Chapter 12.08, Wildlife Protection. 5. Local owner representative. The owner of a Vacation Rentals, if residing in the Roaring Fork Valley or shall appoint and a designated an owner representative of the owner residing within the Roaring Fork Valley, who is shall be on call to manage the Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 3 of 19 P7 Vacation Rental during any period within which the Vacation Rental is occupied. The name, phone number and address of the local owner or the local owner representative shall be provided to the Community Development Department at time of application for a Vacation Rental Permit and posted on the City website. It is recommended, but not required, that a sign identifying the representative's name and number be posted on the property. It is the responsibility of the owner representative to inform Vacation Rental occupants about all relevant City of Aspen ordinances including, but not limited to parking, trash and noise. 6. Lodging and sales taxes. Vacation Rentals are deemed to be "retailers" as that term is defined at Section 23.04.010, and accordingly shall be subject to all taxpayer responsibilities set forth at Chapter 23.08, Taxpayer's Responsibilities, particularly the responsibility to collect and payment of all applicable sales and lodging taxes. 7. Notice. Mail notice to neighbors adjacent parcels, as defined in Section 26.104.100 Definitions, to the Vacation Rental notifying neighbors that (i) the Community Development Department issued a Vacation Rental Permit for the subject property; and, (ii) the name and contact information for the owner's representative. D. Annual Vacation Rental Permits. 1. Applications. Applications for Annual Vacation Rental Permits shall be submitted to the Community Development Department. The application for a Vacation Rental Permit shall contain the following: a. If applicable, confirmation that notice was provided to the Home Owner's Association. b. A City of Aspen business license or application. . c. Evidence as required by the Community Development Department that the Vacation rental is capable of providing sufficient parking. d. Evidence as required by the Community Development Department of a wildlife resistant refuse container or dumpster enclosure that meets the requirements of Municipal Code Section 12.08 Wildlife Protection. e. The name, phone number and address of the owner or local owner representative. f Written confirmation that notice was provided to adjacent neighbors. 2. Annual permit renewal. A new application for an Annual Vacation Rental Permit shall be submitted each calendar year in accordance with the following application requirements: 26.575.220(D)(1)a, b, e, and 11 3. Exceptions. a. Multi- family dwelling units within the same complex have the option to submit a consolidated Vacation Rental Permit application for multiple units managed by Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 4 of 19 P8 one local owner representative. If multi - family dwelling units use different owner representatives, separate applications are required. b. Multi- family units are not required to provide notice pursuant to Section 26.575.220(C)(7). c. Single family and duplex dwelling units in Lodging Zone Districts are not required to provide notice pursuant to Section 26.575.220(C)(7). E. Review Standards. The Community Development Department shall review applications for Annual Vacation Rental Permits for conformance with the review standards listed below. A license may issue upon a determination of the following by the Community Development Department: 1. A completed application containing the information described in Section 26.575.220(D)(2). Compliance with the Vacation Rental Standards set forth in Section 26.575.220(C). F. Enforcement and Revocation. Any person violating any provision of this Section 26.575.220 shall be subject to the penalty provisions of Section 26.104.040, Applicability and penalty, In addition, any Vacation Rental in violation of this Section 26.575.220, Vacation Rentals, shall be subject to a revocation of the Vacation Rental Permit as set forth herein. G. Denial and Revocation. Whenever the Community Development Director has cause to believe that any holder of an Annual Vacation Rental Permit is engaging, or is engaged, in any activity such as to preclude the issuance of a permit applied for or to warrant revocation of any permit presently held, he or she shall conduct a hearing to determine if such action shall be taken. The applicant or licensee affected shall be given adequate notice of any such hearing and be given a full opportunity to be heard and an opportunity to cure prior to denial or revocation of an Annual Vacation Rental Permit. H. Appeal An applicant or licensee aggrieved by a determination made by the Community Development Department denying or revoking an Annual Vacation Rental Permit may appeal to the City's Administrative Hearing Officer in accordance with the procedures established by Chapter 26.316, Appeal Procedures. Section 3. Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 5 of 19 P9 That Section 26.710.040 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.040. Medium- Density Residential (R -6). A. Purpose. The purpose of the Medium - Density Residential (R -6) Zone District is to provide areas for long -term residential purposes, short term vacation rentals, and customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Medium - Density Residential (R -6) Zone District are generally limited to the original Aspen Townsite, contain relatively dense settlements of predominantly detached and duplex residences and are within walking distance of the center of the City. B. Permitted uses. The following uses are permitted as of right in the Medium - Density Residential (R -6) Zone District: 1. Detached residential dwelling. 2. Duplex. 3. Two (2) detached residential dwellings. 4. Home occupations. 5. Accessory buildings and uses. 6. Accessory dwelling units and carriage houses meeting the provisions of Chapter 26.520. 7. Vacation rentals. Pursuant to Section 26.575.220 Section 4. That Section 26.710.050 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.050. Moderate - Density Residential (R -15). A. Purpose. The purpose of the Moderate - Density Residential (R -15) Zone District is to provide areas for long -term residential purposes, short term vacation rentals, and customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Moderate - Density Residential (R -15) Zone District typically consist of additions to the Aspen Townsite and subdivisions on the periphery of the City. Lands within the Townsite which border Aspen Mountain are also included in the Moderate - Density Residential (R- 15) Zone District. B. Permitted uses. The following uses are permitted as of right in the Moderate - Density Residential (R -15) Zone District. 1. Detached residential dwelling. 2. Duplex. 3. Two detached residential dwellings. 4. Home occupations. 5. Accessory buildings and uses. Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 6 of 19 P10 6. Accessory dwelling units and carriage houses meeting the provisions of section 26.520.040 7. Vacation rentals. Pursuant to Section 26.575.220. Section 5. That Section 26.710.060 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.060. Moderate- Density Residential (R -15A). A. Purpose. The purpose of the Moderate - Density Residential (R -15A) Zone District is to provide areas for long -term residential purposes, vacation rentals, and customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Moderate - Density Residential (R -15A) Zone District are similarly situated to those in the Moderate - Density Residential (R -15) Zone District and are lands annexed from Pitkin County from Zone Districts in which duplexes are aprohibited use. B. Permitted uses. The following uses are permitted as of right in the Moderate - Density Residential (R -15A) Zone District: 1. Detached residential dwelling. 2. Duplex, provided fifty percent (50 %) of the duplex units are restricted to affordable housing. 3. Two (2) detached residential dwellings. 4. Home occupations. 5. Accessory buildings and uses. 6. Accessory dwelling units and carriage houses meeting the provisions of Section 26.520. 7. Vacation rentals. Pursuant to Section 26.575.220. Section 6. That Section 26.710.070 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.070. Moderate - Density Residential (R -15B). A. Purpose. The purpose of the Moderate - Density Residential (R -15B) Zone District is to provide areas for long -term residential purposes, vacation rentals, and customary accessory uses. Lands in the Moderate - Density Residential (R -15B) Zone District are similarly situated to those in the Moderate - Density Residential (R -15) and (R- 15A) Zone Districts, but are those in which single - family structures are a permitted use and duplexes are prohibited. B. Permitted uses. The following uses are permitted as of right in the Moderate - Density Residential (R -15B) Zone District: Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 7 of 19 P11 1. Detached residential dwelling. 2. Home occupations. 3. Accessory buildings and uses. 4. Vacation rentals. Pursuant to Section 26.575.220. Section 7. That Section 26.710.080 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.080. Low - Density Residential (R -30). A. Purpose. The purpose of the Low- Density Residential (R -30) Zone District is to provide areas for long -term residential purposes, vacation rentals,and customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Low - Density Residential (R -30) Zone District are typically located along river frontages in outlying areas of the City. B. Permitted uses. The following uses are permitted as of right in the Low- Density Residential (R -30) Zone District: 1. Detached residential dwelling. 2. Duplex. 3. Home occupations. 4. Accessory buildings and uses. 5. Accessory dwelling units and carriage houses meeting the provisions of Chapter 26.520. 6. Vacation Rentals. Pursuant to Section 26.575.220. Section 8. That Section 26.710.090 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.090. Residential Multi- Family (RMF). A. Purpose. The purpose of the Residential Multi- Family (RMF) Zone District is to provide for the use of land for intensive long -term residential purposes, vacation rentals, and customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Residential Multi- Family (RMF) Zone District are typically those found in the Aspen infill area, within walking distance of the center of the City or lands on transit routes and other lands with existing concentrations of attached residential dwellings and mixed attached and detached residential dwellings. B. Permitted uses. The following uses are permitted as of right in the Residential Multi - Family (RMF) Zone District: Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 8 of 19 P12 1. Detached residential dwelling. 2. Two (2) detached residential dwellings. 3. Duplex dwelling. 4. Multi- family dwellings. 5. Home occupations. 6. Accessory buildings and uses. 7. Dormitory. 8. Accessory dwelling units and carriage houses meeting the provisions of Chapter 26.520. 9. For historic landmark properties: bed and breakfast. 10. Vacation Rentals. Pursuant to Section 26.575.220. Section 9. That Section 26.710.100 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.100. Residential Multi- Family -A (RMFA). A. Purpose. The purpose of the Residential Multi - Family -A (RMFA) Zone District is to provide for the use of land for intensive long -term residential purposes, vacation rentals, and customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Residential Multi - Family -A (RMFA) Zone District are typically those found in the Aspen infill area, within walking distance of the center of the City or lands on transit routes and other lands with existing concentrations of attached residential dwellings and mixed attached and detached residential dwellings. B. Permitted uses. The following uses are permitted as of right in the Residential Multi - Family -A (RMFA) Zone District: 1. Detached residential dwelling. 2. Two (2) detached residential dwellings. 3. Duplex dwelling. 4. Multi - family dwellings. 5. Home occupations. 6. Accessory buildings and uses. 7. Dormitory. 8. Accessory dwelling units and carriage houses meeting the provisions of Chapter 26.520. 9. For historic landmark properties: bed and breakfast. 10. Vacation Rentals. Pursuant to Section 26.575.220. Section 10. Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 9 of 19 P13 That Section 26.710.110 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.110. Affordable Housing/Planned Unit Development (AH/PUD). A. Purpose. The purpose of the Affordable Housing/Planned Unit Development (AH/PUD) Zone District is to provide for the use of land for the production of category affordable housing and resident occupied lots and units. The Zone District also permits a limited component of free market lots /units to offset the cost of developing affordable housing. It is contemplated that land may also be subdivided in connection with a development plan. The AH /PUD Zone District is intended for residential use primarily by permanent residents of the community and in some instances allows for vacation rentals. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the AH /PUD Zone District should be scattered throughout the City to ensure a mix of housing types, including those which are affordable by its working residents; at the same time the AH/PUD Zone District can protect the City's neighborhoods from rezoning pressures that other non- community- oriented Zone Districts may produce. Further, lands in the AH/PUD Zone District should be located within walking distance of the center of the City or on transit routes. B. Permitted uses. The following uses are permitted as of right in the AH /PUD Zone District: 1. Residential uses restricted to category affordable housing guidelines and resident occupied units which comply with the following requirements: a. Minimum bedroom mix. A minimum of seventy percent (70 %) of the project's total bedrooms shall be deed restricted affordable housing consistent with the Affordable Housing Guidelines. The mix between categories of housing shall be consistent with the Affordable Housing Guidelines. The remaining bedrooms that are not deed restricted to affordable housing may be free market residential units. b. Permissible reduction in bedroom mix for exemplary projects. A project may be eligible for a reduction of the minimum affordable housing bedroom mix requirement to a level of sixty percent (60 %) of the project's total bedrooms if the applicant can demonstrate to the satisfaction of the City Council that the project meets the requirements for an exceptional project as set forth in the Affordable Housing Guidelines. 2. Home occupations. 3. Accessory buildings and uses. 4. Accessory dwelling units meeting the provisions of Chapter 26.520. 5. Vacation rentals. Pursuant to Section 26.575.220. Section 11. Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 10 of 19 P14 That Section 26.710.120 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.120. High Density Residential (R -3). A. Purpose. The purpose of the High Density Residential (R -3) Zone District is to provide for the use of land to locate manufactured housing for intensive long -term residential purposes, vacation rentals, and customary accessory uses and less intensive office uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. The High Density Residential (R -3) Zone District shall be located in areas where the effect on surrounding property shall be minimized, where the health, safety and general welfare of the High Density Residential (R -3) Zone District residents and others will be protected and where the topography is suitable for the permitted uses and conditional uses allowed in the High Density Residential (R -3) Zone District. B. Permitted uses. The following uses are permitted as of right in the High Density Residential (R -3) Zone District: 1. Mobile home park. 2. Home occupations. 3. Accessory buildings and uses. 4. Accessory dwelling units meeting the provisions of Chapter 26.520. 5. Vacation Rentals. Pursuant to Section 26.575.220. C. Conditional uses. The following uses are permitted as conditional uses in the High Density Residential (R -3) Zone District, subject to the standards and procedures established in Chapter 26.425: 1. Park and open use recreation site. 2. Public and private academic school. 3. Church. 4. Child care center. Section 12. That Section 26.710.130 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.130. Rural Residential (RR). A. Purpose. The purpose of the Rural Residential (RR) Zone District is to allow utilization of land for low density, long -term residential and vacation rental purposes with the recreational, institutional, public and other compatible uses customarily found in proximity to those uses allowed as permitted uses or conditional uses. Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 11 of 19 P15 B. Permitted uses. The following uses are permitted as of right in the Rural Residential (RR) Zone District: 1. Detached residential dwelling. 2. Farm building and use, provided that all such buildings and storage areas are located at least one hundred (100) feet from pre- existing dwellings on other lots. 3. Nursery. 4. Greenhouse. 5. Home occupations. 6. Accessory buildings and uses. 7. Accessory dwelling units meeting the provisions of Section 26.520.040. 8. Vacation Rental. Pursuant to Section 26.575.220. Section 13. That Section 26.710.140 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.140. Commercial Core (CC). A. Purpose. The purpose of the Commercial Core (CC) Zone District is to allow the use of land for retail, service commercial, recreation and institutional purposes within mixed -use buildings to support and enhance the business and service character in the historic central business core of the City. The district permits a mix of retail, office, lodging, affordable housing, free - market housing, and vacation rental uses oriented to both local and tourist populations to encourage a high level of vitality. Retail and restaurant uses are appropriate for ground floors of buildings while residential and office uses are not permitted on ground floors. B. Permitted uses. The following uses are permitted as of right in the Commercial Core (CC) Zone District: 1. Uses allowed on basement floors: Retail and restaurant uses, office uses, uses and building elements necessary and incidental to uses on other floors. 2. Uses allowed on the ground floor: Retail and restaurant uses and uses and building elements necessary and incidental to uses on other floors. Office uses are prohibited on the ground floor except within spaces set back a minimum of forty (40) feet from a street and recessed behind the front -most street - facing fapade. This prohibition shall not apply to split -level buildings (see definition). Parking shall not be allowed as the sole use of the ground floor. 3. Uses allowed on upper floors: Retail and restaurant uses, office uses, lodging, timeshare lodge, affordable multi - family housing, free - market multi- family housing, vacation rentals and home occupations. Planning & Zoning Commission Reso # of 2011 Vacation Rental Code Amendment Page 12 of 19 P16 4. Uses allowed on all building levels: Retail and restaurant uses, neighborhood commercial uses, service uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center, accessory uses and structures, storage accessory to a permitted use, uses and building elements necessary and incidental to uses on other floors, including parking accessory to a permitted use, and farmers' market, provided that a vending agreement is obtained pursuant to Section 15.04.350(B). Section 14. That Section 26.710.150 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.150. Commercial (C -1). A. Purpose. The purpose of the Commercial (C -1) Zone District is to provide for the establishment of mixed -use buildings with commercial uses on the ground floor, opportunities for affordable and free - market residential density, and to support vacation rentals of residential dwelling units. A transition between the commercial core and surrounding residential neighborhoods has been implemented through a slight reduction in allowable floor area as compared to the commercial core, the ability to occupy the ground floor with offices, and a separate chapter in the commercial design guidelines B. Permitted uses. The following uses are permitted as of right in the Commercial (C -1) Zone District: 1. Uses allowed on upper floors: Lodging, affordable multi - family housing, free - market multi - family housing, vacation rentals and home occupations. 2. Uses allowed on all building levels: Retail and restaurant uses, neighborhood commercial uses, service uses, office uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center, bed and breakfast, accessory uses and structures, uses and building elements necessary and incidental to uses on other floors, including parking accessory to a permitted use, storage accessory to a permitted use, farmers' market, provided that a vending agreement is obtained pursuant to Section 15.04.350(b). Parking shall not be allowed as the sole use of the ground floor. Section 15. That Section 26.710.170 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.170. Neighborhood Commercial (NC). Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 13 of 19 P17 A. Purpose. The purpose of the Neighborhood Commercial (NC) Zone District is to provide for the establishment of mixed -use buildings with commercial uses serving the daily or frequent needs of the surrounding neighborhood, thereby reducing traffic circulation and parking problems, to provide opportunities for affordable and free - market residential density, to support vacation rentals of residential dwelling units, and to provide a transition between the commercial core and surrounding residential neighborhoods. B. Permitted uses. The following uses are permitted as of right in the Neighborhood Commercial (NC) Zone District: 1. Uses allowed on upper floors: lodging, affordable multi - family housing, free - market multi - family housing, home occupations, and vacation rentals. 2. Uses allowed on all building levels: retail and restaurant uses, neighborhood commercial uses, service uses, office uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center, bed and breakfast, accessory uses and structures, uses and building elements necessary and incidental to uses on other floors, including parking accessory to a permitted use, storage accessory to a permitted use, farmers' market, provided that a vending agreement is obtained pursuant to Subsection 15.04.350(b). Section 16. That Section 26.710.180 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.180. Mixed -Use (MU). A. Purpose. The purpose of the Mixed -Use (MU) Zone District is to provide for a variety of lodging, vacation rentals, multi - family, single- family and mixed -use buildings with commercial uses serving the daily or frequent needs of the surrounding neighborhood, to provide a transition between the commercial core and surrounding residential neighborhoods and to provide a variety of building sizes compatible with the character of the Main Street Historic District. B. Permitted uses. The following uses are permitted as of right in the Mixed -Use (MU) Zone District: 1. On historic landmark properties: Retail and restaurant uses, neighborhood commercial uses and bed and breakfast. 2. Service uses. 3. Office uses. 4. Lodging, timeshare lodge and exempt timesharing. 5. Arts, cultural and civic uses. 6. Public uses. 7. Recreational uses. Planning & Zoning Commission Reso ti of 2011 Vacation Rental Code Amendment Page 14 of 19 P18 8. Academic uses. 9. Child care center. 10. Affordable multi - family housing. 11. Free - market multi - family housing. 12. Single - family residence. 13. Duplex residence. 14. Two (2) detached single - family residences. 15. Home occupations. 16. Accessory uses and structures. 17. Storage accessory to a permitted use. 18. Vacation rentals. Pursuant to Section 26.575.220. Section 17. That Section 26.710.190 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.190. Lodge (L). A. Purpose. The purpose of the Lodge (L) Zone District is to encourage construction, renovation and operation of lodges, tourist - oriented multi - family buildings through vacation rentals, high occupancy timeshare facilities and ancillary uses compatible with lodging to support and enhance the City's resort economy. - The City encourages high- occupancy lodging development in this zone district. Therefore, certain dimensional incentives are provided in this zone district, as well as other development incentives in Chapter 26.470, Growth Management Quota System (GMQS). B. Permitted uses. The following uses are permitted as of right in the Lodge (L) Zone District: 1. Hotel or lodge. 2. Timeshare lodge. 3. Exempt timesharing. 4. Offices and activities accessory to timeshare unit sales (see Section 26.590). 5. Bed and breakfast. 6. Conference facilities. 7. Uses associated with outdoor recreation facilities and events. 8. Accessory uses and structures. (Food service for on -site lodge guests is an accessory use.) 9. Storage accessory to a permitted use. 10. Affordable multi- family housing accessory to a lodging or timeshare operation and for employees of the operation. 11. Free - market multi - family housing. 12. Home occupations. 13. Vacation rentals. Pursuant to Section 26.575.220. Planning & Zoning Commission Reso if _ of 2011 Vacation Rental Code Amendment Page 15 of 19 P19 Section 18. That Section 26.710.200 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.200. Commercial Lodge (CL). A. Purpose. The purpose of the Commercial Lodge (CL) Zone District is to provide for the establishment of mixed -use commercial and lodge development by permitting commercial uses on the ground floor with lodging development above. The City encourages high- occupancy lodging development in this zone district through hotel, lodge and timeshare uses and vacation rentals B. Permitted uses. The following uses are permitted as of right in the Commercial Lodge (CL) Zone District: 1. Uses allowed in basement and ground floors: Those uses allowed in Basement and Ground Floors, respectively, within the Commercial Core Zone District. Uses and facilities necessary and incidental to uses on Upper Floors. Parking shall not be allowed as the sole use of the ground floor. 2. Uses allowed on upper floors: Hotel or lodge, timeshare lodge, exempt timesharing, offices and activities accessory to timeshare unit sales (see Chapter 26.590), conference facilities, accessory uses, storage accessory to a permitted use, affordable multi- family housing, free- market multi - family housing, vacation rentals (Food service for on -site lodge guests is an accessory use.) Section 19. That Section 26.710.310 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.310. Lodge Overlay (LO) Zone District. A. Purpose. The purpose of the Lodge Overlay (LO) Zone District is to provide for lodge uses and vacation rentals in areas of the City suitable for lodge accommodations but which lie in predominantly residential neighborhoods or where there are limitations on development that necessitate the permitted density to be significantly less than that in the City's other lodge Zone Districts. B. Permitted uses. The following uses are permitted as of right in the Lodge Overlay (LO) Zone District: 1. The uses permitted in the underlying zone district. 2. Hotel or lodge. 3. Timeshare lodge. 4. Exempt timesharing. 5. Bed and breakfast. Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 16 of 19 P20 6. Offices and activities accessory to timeshare unit sales (see Chapter 26.590). 7. Conference facilities. 8. Uses associated with outdoor recreation facilities and events. • 9. Accessory uses and structures. (Food service for on -site lodge guests is an accessory use.) 10. Storage accessory to a permitted use. 11. Affordable housing accessory to a lodging or timeshare operation and for employees of the operation. 12. Free - market multi - family housing. 13. Vacation rentals. Pursuant to Section 26.575.220. Section 20. That Section 26.710.320 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.320. Lodge Preservation Overlay (LP) Zone District. A. Purpose. The purpose of the Lodge Preservation (LP) Overlay Zone District is to provide for and protect small lodge uses on properties historically used for lodge accommodations, to permit redevelopment of these properties to accommodate lodge and affordable housing uses, to provide uses accessory and normally associated with lodge and affordable housing development, to permit vacation rentals of residential units, to encourage development which is compatible with the neighborhood and respective of the manner in which the property has historically operated and to provide an incentive for upgrading existing lodges on site or onto adjacent properties. B. Permitted uses. The following uses are permitted as of right in the Lodge Preservation (LP) Overlay Zone District: 1. The uses permitted in the underlying zone district. 2. Hotel or lodge. 3. Timeshare lodge. 4. Exempt timesharing. 5. Bed and breakfast. 6. Dormitory. 7. Offices and activities accessory to timeshare unit sales (see Chapter 26.590). 8: Conference facilities. 9. Uses associated with outdoor recreation facilities and events. 10. Accessory uses and structures. (Food service for on -site lodge guests is an accessory use.) 11. Storage accessory to a permitted use. 12. Affordable housing accessory to a lodging or timeshare operation and for employees of the operation. 13. Free - market multi - family housing. 14. Vacation rentals. Pursuant to Section 26.575.220. Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 17 of 19 P21 Section 21. That Section 26.710.330 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.330. Ski Area Base (SKI). A. Purpose. The purpose of the Ski Area Base (SKI) Zone District is to provide for areas which allow for a mixture of uses related to ski area uses and operations including, skiing and appurtenant uses and structures, ski area administrative offices, recreation, lodge/hotel, retail, restaurant and bar uses, tourist - oriented service uses, residential uses, and vacation rentals. It is intended that this Zone District will apply to areas located at the base of ski areas and all development within this district will be master planned through a planned unit development (PUD) process. B. Permitted uses. The following uses are permitted as of right in the Ski Area Base (SKI) Zone District: 1. Alpine and Nordic ski areas, related uses and support facilities typically associated with the uses and operations of ski areas. 2. Lodge units. 3. Hotel. 4. Multi- family dwellings. 5. Detached residential or duplex dwellings. 6. Dining rooms, customary accessory commercial uses, laundry and recreational facilities located on the same site of and for guests of lodge units, hotels and dwelling units. 7. Accessory residential dwellings restricted to Affordable Housing Guidelines and Section 26.520.040. 8. Ski area administrative offices. 9. Restaurants and bars. 10. Special events associated with ski areas including such events as ski races, bicycle races and concerts; with special event committee review. 11. Parks, outdoor recreational uses and trails. 12. Recreational facility. 13. Retail establishments. 14. Public transportation stop. 15. Terminal building and transportation related facilities. 16. Medical clinic accessory to the ski area. 17. Fire, police and emergency services facilities. 18. Accessory buildings and uses. 19. Outdoor vendor carts or areas for food and beverages sales and preparation. 20. Timeshare lodge. 21. Exempt timesharing. 22. Vacation rentals. Pursuant to Section 26.575.220. Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 18of19 P22 FINALLY, adopted and approved this _ day of , 2011. Stan Gibbs, Chairman Attest: Jackie, Lothian, City Clerk Approved as to form: James R. True, Special Counsel Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 19 of 19 P23 el 04 %NM RESOLUTION No. (Series of 2011) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION, ASPEN, COLORADO, RECOMMENDING THAT CITY COUNCIL AMEND THE ASPEN MUNICIPAL CODE BY AMENDING SECTION 26.104.100, DEFINITIONS, AMENDING VARIOUS SECTIONS OF CHAPTER 26.710, ZONE DISTRICTS, AND ADDING A NEW SECTION 26.575.220, VACATION RENTALS,. WHEREAS, in accordance with Sections 26.210 and 26.310 of the City of Aspen Land Use Code, the Director of the Community Development Department initiated amendments to the Land Use Code related to Section 26.104.100, Definitions, Chapter 26.710, Zone Districts, and adding a new Section 26.575.220, Vacation Rentals; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Community Development Director and then by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Section 26.104.100, Definitions, Chapter 26.710, Zone Districts, and adding a new Section 26.575.220, Vacation Rentals, as described herein; and, WHEREAS, the Planning and Zoning Commission held a duly noticed public hearing to consider the proposed amendments described herein on July 19, 2011 continued from July 5, 2011, took and considered public testimony and the recommendation of the Community Development Director and recommended, by a _ - vote, that City Council adopt the proposed amendments. WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all the applicable standards and that the approval of the amendments are consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Planning & Zoning Commission Reso # of 2011 Vacation Rental Code Amendment Page 1 of 19 P24 Section 1. That Section 26.104.100 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to add the definition of the term "Vacation rental ", and by amending the definitions of the terms, "Hotel ", "Long term ", and "Short term ", which amended terms shall read as follows: Hotel (a.k.a. Lodge). A building or parcel containing individual units used for overnight lodging by the general public on a short-term basis for a fee, with or without kitchens within individual units, with or without meals provided and which has common reservation and cleaning services, combined utilities and on -site management and reception services. Timeshare (a.k.a. fractional) units and timeshare developments are considered hotels for the purposes of the Land Use Code. For hotels with flexible unit configurations, also known as "lock -off units," each rentable division or "key" shall constitute a lodge unit for the purposes of this Title. Unless otherwise approved pursuant to Chapter 26.590 — Timeshare Development, occupancy periods of a hotel or unit thereof, by any one (1) person or entity with an ownership interest in the hotel or units thereof, shall not exceed thirty (30) consecutive days or exceed ninety (90) days within any calendar year, regardless of the form of ownership. Occupancy periods for person or entities with no ownership interested (e.g. vacationers) shall be limited only by the ninety -days per calendar year requirement. Long term. The occupancy of a dwelling unit for residential purposes for a time period greater than thirty (30) days. Short -term. The occupancy of a hotel, lodge unit, or vacation rental for a time period equal to or lesser than thirty (30) days in duration. Vacation rental. The short term occupancy of a residential dwelling unit by the general public for a fee. A vacation rental shall not include the rental of individual rooms within a residential dwelling unit. Section 2. That the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding a Section 26.575.220 which said Section shall read as follows: 26.575.220 Vacation Rentals A. Intent and purpose The purpose of this section is to establish the procedures and standards by which Vacation Rentals (See § 26.104.100, Definitions), of residential units are permitted within the City. It is the City's intent to establish Vacation Rental regulations that promote a mix of lodging options that support the City of Aspen's tourism base and local economy; that uphold the health, safety and welfare of the public; and, that protect long term residential neighborhoods by ensuring that the impacts of Vacation Rentals do not adversely affect the residents and the character of residential areas. Planning & Zoning Commission Reso tt _ of 2011 Vacation Rental Code Amendment Page 2 of 19 P25 B. Annual Vacation Rental Permit Required. 1. It shall be unlawful for any person, whether a principal or agent, clerk or employee, either for him or herself, or for any other person or for anybody, corporation or otherwise, to lease or operate a Vacation Rental without first obtaining an Annual Vacation Rental Permit in accordance with the provisions of this Section or operating same in violation of the standards set forth herein. An annual Vacation Rental Permit may be obtained by an authorized representative of the property owner. 2. This section shall not apply to leases or other rental arrangements in Lodges, Timeshare Lodges, Bed and Breakfasts and Hotels. (See Section 26.104.100, Definitions, for definitions of these terms.) 3. It shall be unlawful for any person, whether a principal or agent, clerk or employee, either for him or herself, or for any other person or for anybody, corporation or otherwise, to lease or operate a Vacation Rental in a Bandit Unit. C. Vacation Rental Standards. The following standards shall be applicable to Vacation Rentals. 1. Homeowners' Association Notification. When the proposed Vacation Rental is part of a common interest community, a letter shall be submitted to the Homeowners' Association providing notification of an application for a vacation rental permit. 2. Business License. Any person who owns or represents one or more Vacation Rentals shall obtain an annual City of Aspen business license pursuant to Chapter 14.08, Business Licenses. If an individual or business entity acts as a designated representative of one or more Vacation Rentals, only one business license is required. However, each residential unit shall obtain a Vacation Rental Permit. 3. Parking requirement. Vacation Rentals shall provide adequate off - street parking in compliance with Section 26.515, Off - street Parking, or on- street parking in compliance with Section 24.16.060, Residential guest permit and /or Section 24.16.070, Lodge guest permit. 4. Trash/storage requirement. Vacation Rentals shall provide clearly defined trash and recycle area and Wildlife- Resistant Trash and Recycling Enclosures, as specified in Chapter 12.08, Wildlife Protection. 5. Local owner representative. The owner of a Vacation Rental, if residing in the Roaring Fork Valley or a designated representative of the owner residing within the Roaring Fork Valley, shall be on call to manage the Vacation Rental during any period within which the Vacation Rental is occupied. The name, phone number and address of the local owner or the local owner representative shall be provided to the Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 3 of 19 P26 Community Development Department at time of application for a Vacation Rental Permit and posted on the City website. It is recommended, but not required, that a sign identifying the representative's name and number be posted on the property. It is the responsibility of the owner representative to inform Vacation Rental occupants about all relevant City of Aspen ordinances including, but not limited to parking, trash and noise. 6. Lodging and sales taxes. Vacation Rentals are deemed to be "retailers" as that term is defined at Section 23.04.010, and accordingly shall be subject to all taxpayer responsibilities set forth at Chapter 23.08, Taxpayer's Responsibilities, particularly the responsibility to collect and payment of all applicable sales and lodging taxes, 7. Notice. Mail notice to neighbors adjacent parcels, as defined in Section 26.104.100 Definitions, to the Vacation Rental notifying neighbors that (i) the Community Development Department issued a Vacation Rental Permit for the subject property; and, (ii) the name and contact information for the owner's representative. D. Annual Vacation Rental Permits. 1. Applications. Applications for Annual Vacation Rental Permits shall be submitted to the Community Development Department. The application for a Vacation Rental Permit shall contain the following: a. If applicable, confirmation that notice was provided to the Home Owner's Association. b. A City of Aspen business license or application. . c. Evidence as required by the Community Development Department that the Vacation rental is capable of providing sufficient parking. d. Evidence as required by the Community Development Department of a wildlife resistant refuse container or dumpster enclosure that meets the requirements of Municipal Code Section 12.08 Wildlife Protection. e. The name, phone number and address of the owner or local owner representative. f. Written confirmation that notice was provided to adjacent neighbors. 2. Annual permit renewal. A new application for an Annual Vacation Rental Permit shall be submitted each calendar year in accordance with the following application requirements: 26.575.220(D)(1)a, b, e, and f. 3. Exceptions. a. Multi - family dwelling units within the same complex have the option to submit a consolidated Vacation Rental Permit application for multiple units managed by one local owner representative. If multi - family dwelling units use different owner representatives, separate applications are required. Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 4 of 19 • P27 b. Multi- family units are not required to provide notice pursuant to Section 26.575.220(C)(7). c. Single family and duplex dwelling units in Lodging Zone Districts are not required to provide notice pursuant to Section 26.575.220(C)(7). E. Review Standards. The Community Development Department shall review applications for Annual Vacation Rental Permits for conformance with the review standards listed below. A license may issue upon a determination of the following by the Community Development Department: 1. A completed application containing the information described in Section 26.575.220(D)(2). Compliance with the Vacation Rental Standards set forth in Section 26.575.220(C). F. Enforcement and Revocation. Any person violating any provision of this Section 26.575.220 shall be subject to the penalty provisions of Section 26.104.040, Applicability and penalty, In addition, any Vacation Rental in violation of this Section 26.575.220, Vacation Rentals, shall be subject to a revocation of the Vacation Rental Permit as set forth herein. G. Denial and Revocation. Whenever the Community Development Director has cause to believe that any holder of an Annual Vacation Rental Permit is engaging, or is engaged, in any activity such as to preclude the issuance of a permit applied for or to warrant revocation of any permit presently held, he or she shall conduct a hearing to determine if such action shall be taken. The applicant or licensee affected shall be given adequate notice of any such hearing and be given a full opportunity to be heard and an opportunity to cure prior to denial or revocation of an Annual Vacation Rental Permit. H. Appeal. An applicant or licensee aggrieved by a determination made by the Community Development Department denying or revoking an Annual Vacation Rental Permit may appeal to the City's Administrative Hearing Officer in accordance with the procedures established by Chapter 26.316, Appeal Procedures. Section 3. That Section 26.710.040 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.040. Medium - Density Residential (R -6). Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 5 of 19 P28 A. Purpose. The purpose of the Medium - Density Residential (R -6) Zone District is to provide areas for long -term residential purposes, short term vacation rentals, and customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Medium - Density Residential (R -6) Zone District are generally limited to the original Aspen Townsite, contain relatively dense settlements of predominantly detached and duplex residences and are within walking distance of the center of the City. B. Permitted uses. The following uses are permitted as of right in the Medium - Density Residential (R -6) Zone District: 1. Detached residential dwelling. 2. Duplex. 3. Two (2) detached residential dwellings. 4. Home occupations. 5. Accessory buildings and uses. 6. Accessory dwelling units and carriage houses meeting the provisions of Chapter 26.520. 7. Vacation rentals. Pursuant to Section 26.575.220 Section 4. That Section 26.710.050 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.050. Moderate - Density Residential (R -15). A. Purpose. The purpose of the Moderate - Density Residential (R -15) Zone District is to provide areas for long -term residential purposes, short term vacation rentals, and customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Moderate - Density Residential (R -15) Zone District typically consist of additions to the Aspen Townsite and subdivisions on the periphery of the City. Lands within the Townsite which border Aspen Mountain are also included in the Moderate - Density Residential (R- 15) Zone District. B. Permitted uses. The following uses are permitted as of right in the Moderate - Density Residential (R -15) Zone District. 1. Detached residential dwelling. 2. Duplex. 3. Two detached residential dwellings. 4. Home occupations. 5. Accessory buildings and uses. 6. Accessory dwelling units and carriage houses meeting the provisions of section 26.520.040 7. Vacation rentals. Pursuant to Section 26.575.220. Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 6 of 19 P29 Section 5. That Section 26.710.060 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.060. Moderate - Density Residential (R -15A). A. Purpose. The purpose of the Moderate- Density Residential (R -I5A) Zone District is to provide areas for long -term residential purposes, vacation rentals, and customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Moderate - Density Residential (R -15A) Zone District are similarly situated to those in the Moderate - Density Residential (R -15) Zone District and are lands annexed from Pitkin County from Zone Districts in which duplexes are a prohibited use. B. Permitted uses. The following uses are permitted as of right in the Moderate - Density Residential (R -15A) Zone District: 1. Detached residential dwelling. 2. Duplex, provided fifty percent (50 %) of the duplex units are restricted to affordable housing. 3. Two (2) detached residential dwellings. 4. Home occupations. 5. Accessory buildings and uses. 6. Accessory dwelling units and carriage houses meeting the provisions of Section 26.520. 7. Vacation rentals. Pursuant to Section 26.575.220. Section 6. That Section 26.710.070 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.070. Moderate - Density Residential (R -15B). A. Purpose. The purpose of the Moderate - Density Residential (R -15B) Zone District is to provide areas for long -term residential purposes, vacation rentals, and customary accessory uses. Lands in the Moderate - Density Residential (R -15B) Zone District are similarly situated to those in the Moderate - Density Residential (R -15) and (R- 15A) Zone Districts, but are those in which single - family structures are a permitted use and duplexes are prohibited. B. Permitted uses. The following uses are permitted as of right in the Moderate - Density Residential (R -15B) Zone District: 1. Detached residential dwelling. 2. Home occupations. 3. Accessory buildings and uses. 4. Vacation rentals. Pursuant to Section 26.575.220. Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 7of19 f P30 Section 7. That Section 26.710.080 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.080. Low - Density Residential (R -30). • A. Purpose. The purpose of the Low - Density Residential (R -30) Zone District is to provide areas for long -term residential purposes, vacation rentals,and customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Low - Density Residential (R -30) Zone District are typically located along river frontages in outlying areas of the City. B. Permitted uses. The following uses are permitted as of right in the Low - Density Residential (R -30) Zone District: 1. Detached residential dwelling. 2. Duplex. 3. Home occupations. 4. Accessory buildings and uses. 5. Accessory dwelling units and carriage houses meeting the provisions of Chapter 26.520. 6. Vacation Rentals. Pursuant to Section 26.575.220. Section 8. That Section 26.710.090 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.090. Residential Multi- Family (RMF). A. Purpose. The purpose of the Residential Multi- Family (RMF) Zone District is to provide for the use of land for intensive long -term residential purposes, vacation rentals, and customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Residential Multi- Family (RMF) Zone District are typically those found in the Aspen infill area, within walking distance of the center of the City or lands on transit routes and other lands with existing concentrations of attached residential dwellings and mixed attached and detached residential dwellings. B. Permitted uses. The following uses are permitted as of right in the Residential Multi - Family (RMF) Zone District: 1. Detached residential dwelling. 2. Two (2) detached residential dwellings. 3. Duplex dwelling. 4. Multi- family dwellings. Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 8 of 19 P31 5. Home occupations. 6. Accessory buildings and uses. 7. Dormitory. 8. Accessory dwelling units and carriage houses meeting the provisions of Chapter 26.520. 9. For historic landmark properties: bed and breakfast. 10. Vacation Rentals. Pursuant to Section 26.575.220. • Section 9. That Section 26.710.100 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.100. Residential Multi- Family -A (RMFA). A. Purpose. The purpose of the Residential Multi- Family -A (RMFA) Zone District is to provide for the use of land for intensive long -term residential purposes, vacation rentals, and customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Residential Multi - Family -A (RMFA) Zone District are typically those found in the Aspen infill area, within walking distance of the center of the City or lands on transit routes and other lands with existing concentrations of attached residential dwellings and mixed attached and detached residential dwellings. B. Permitted uses. The following uses are permitted as of right in the Residential Multi- Family -A (RMFA) Zone District: 1. Detached residential dwelling. 2. Two (2) detached residential dwellings. 3. Duplex dwelling. 4. Multi - family dwellings. 5. Home occupations. 6. Accessory buildings and uses. 7. Dormitory. 8. Accessory dwelling units and carriage houses meeting the provisions of Chapter 26.520. 9. For historic landmark properties: bed and breakfast. 10. Vacation Rentals. Pursuant to Section 26.575.220. Section 10. That Section 26.710.110 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.110. Affordable Housing/Planned Unit Development (AH/PUD). Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 9 of 19 P32 A. Purpose. The purpose of the Affordable Housing/Planned Unit Development (AH/PUD) Zone District is to provide for the use of land for the production of category affordable housing and resident occupied lots and units. The Zone District also permits a limited component of free market lots /units to offset the cost of developing affordable housing. It is contemplated that land may also be subdivided in connection with a development plan. The AH/PUD Zone District is intended for residential use primarily by permanent residents of the community and in some instances allows for vacation rentals. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the AH /PUD Zone District should be scattered throughout the City to ensure a mix of housing types, including those which are affordable by its working residents; at the same time the AH/PUD Zone District can protect the City's neighborhoods from rezoning pressures that other non- community- oriented Zone Districts may produce. Further, lands in the AH/PUD Zone District should be located within walking distance of the center of the City or on transit routes. B. Permitted uses. The following uses are permitted as of right in the AH/PUD Zone District: 1. Residential uses restricted to category affordable housing guidelines and resident occupied units which comply with the following requirements: a. Minimum bedroom mix. A minimum of seventy percent (70 %) of the project's total bedrooms shall be deed restricted affordable housing consistent with the Affordable Housing Guidelines. The mix between categories of housing shall be consistent with the Affordable Housing Guidelines. The remaining bedrooms that are not deed restricted to affordable housing may be free market residential units. b. Permissible reduction in bedroom mix for exemplary projects. A project may be eligible for a reduction of the minimum affordable housing bedroom mix requirement to a level of sixty percent (60 %) of the project's total bedrooms if the applicant can demonstrate to the satisfaction of the City Council that the project meets the requirements for an exceptional project as set forth in the Affordable Housing Guidelines. 2. Home occupations. 3. Accessory buildings and uses. 4. Accessory dwelling units meeting the provisions of Chapter 26.520. 5. Vacation rentals. Pursuant to Section 26.575.20. Section 11. That Section 26.710.120 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.120. High Density Residential (R -3). Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 10 of 19 P33 A. Purpose. The purpose of the High Density Residential (R -3) Zone District is to provide for the use of land to locate manufactured housing for intensive long -term residential purposes, vacation rentals, and customary accessory uses and less intensive office uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. The High Density Residential (R -3) Zone District shall be located in areas where the effect on surrounding property shall be minimized, where the health, safety and general welfare of the High Density Residential (R -3) Zone District residents and others will be protected and where the topography is suitable for the permitted uses and conditional uses allowed in the High Density Residential (R -3) Zone District. B. Permitted uses. The following uses are permitted as of right in the High Density Residential (R -3) Zone District: 1. Mobile home park. 2. Home occupations. 3. Accessory buildings and uses. 4. Accessory dwelling units meeting the provisions of Chapter 26.520. 5. Vacation Rentals. Pursuant to Section 26.575.220. C. Conditional uses. The following uses are permitted as conditional uses in the High Density Residential (R -3) Zone District, subject to the standards and procedures established in Chapter 26.425: 1. Park and open use recreation site. 2. Public and private academic school. 3. Church. 4. Child care center. Section 12. That Section 26.710.130 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.130. Rural Residential (RR). A. Purpose. The purpose of the Rural Residential (RR) Zone District is to allow utilization of land for low density, long -term residential and vacation rental purposes with the recreational, institutional, public and other compatible uses customarily found in proximity to those uses allowed as permitted uses or conditional uses. B. Permitted uses. The following uses are permitted as of right in the Rural Residential (RR) Zone District: 1. Detached residential dwelling. Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 1 1 of 19 P34 2. Farm building and use, provided that all such buildings and storage areas are located at least one hundred (100) feet from pre- existing dwellings on other lots. 3. Nursery. 4. Greenhouse. 5. Home occupations. 6. Accessory buildings and uses. 7. Accessory dwelling units meeting the provisions of Section 26.520.040. 8. Vacation Rental. Pursuant to Section 26.575.220. Section 13. That Section 26.710.140 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.140. Commercial Core (CC). A. Purpose. The purpose of the Commercial Core (CC) Zone District is to allow the use of land for retail, service commercial, recreation and institutional purposes within mixed -use buildings to support and enhance the business and service character in the historic central business core of the City. The district permits a mix of retail, office, lodging, affordable housing, free - market housing, and vacation rental uses oriented to both local and tourist populations to encourage a high level of vitality. Retail and restaurant uses are appropriate for ground floors of buildings while residential and office uses are not permitted on ground floors. B. Permitted uses. The following uses are permitted as of right in the Commercial Core (CC) Zone District: 1. Uses allowed on basement floors: Retail and restaurant uses, office uses, uses and building elements necessary and incidental to uses on other floors. 2. Uses allowed on the ground floor: Retail and restaurant uses and uses and building elements necessary and incidental to uses on other floors. Office uses are prohibited on the ground floor except within spaces set back a minimum of forty (40) feet from a street and recessed behind the front -most street - facing facade. This prohibition shall not apply to split -level buildings (see definition). Parking shall not be allowed as the sole use of the ground floor. 3. Uses allowed on upper floors: Retail and restaurant uses, office uses, lodging, timeshare lodge, affordable multi - family housing, free - market multi - family housing, vacation rentals and home occupations. 4. Uses allowed on all building levels: Retail and restaurant uses, neighborhood commercial uses, service uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center, accessory uses and structures, storage Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 12 of 19 P35 accessory to a permitted use, uses and building elements necessary and incidental to uses on other floors, including parking accessory to a permitted use, and farmers' market, provided that a vending agreement is obtained pursuant to Section 15.04.350(B). Section 14. That Section 26.710.150 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.150. Commercial (C -1). A. Purpose. The purpose of the Commercial (C -1) Zone District is to provide for the establishment of mixed -use buildings with commercial uses on the ground floor, opportunities for affordable and free - market residential density, and to support vacation rentals of residential dwelling units. A transition between the commercial core and surrounding residential neighborhoods has been implemented through a slight reduction in allowable floor area as compared to the commercial core, the ability to occupy the ground floor with offices, and a separate chapter in the commercial design guidelines B. Permitted uses. The following uses are permitted as of right in the Commercial (C -1) Zone District: 1. Uses allowed on upper floors: Lodging, affordable multi - family housing, free - market multi - family housing, vacation rentals and home occupations. 2. Uses allowed on all building levels: Retail and restaurant uses, neighborhood commercial uses, service uses, office uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center, bed and breakfast, accessory uses and structures, uses and building elements necessary and incidental to uses on other floors, including parking accessory to a permitted use, storage accessory to a permitted use, farmers' market, provided that a vending agreement is obtained pursuant to Section 15.04.350(b). Parking shall not be allowed as the sole use of the ground floor. Section 15. That Section 26.710.170 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.170. Neighborhood Commercial (NC). A. Purpose. The purpose of the Neighborhood Commercial (NC) Zone District is to provide for the establishment of mixed -use buildings with commercial uses serving the daily or frequent needs of the surrounding neighborhood, thereby reducing traffic Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 13 of 19 P3 circulation and parking problems, to provide opportunities for affordable and free - market residential density, to support vacation rentals of residential dwelling units, and to provide a transition between the commercial core and surrounding residential neighborhoods. B. Permitted uses. The following uses are permitted as of right in the Neighborhood Commercial (NC) Zone District: I. Uses allowed on upper floors: lodging, affordable multi - family housing, free - market multi - family housing, home occupations, and vacation rentals. 2. Uses allowed on all building levels: retail and restaurant uses, neighborhood commercial uses, service uses, office uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center, bed and breakfast, accessory uses and structures, uses and building elements necessary and incidental to uses on other floors, including parking accessory to a permitted use, storage accessory to a permitted use, farmers' market, provided that a vending agreement is obtained pursuant to Subsection 15.04.350(b). Section 16. That Section 26.710.180 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.180. Mixed -Use (MU). A. Purpose. The purpose of the Mixed -Use (MU) Zone District is to provide for a variety of lodging, vacation rentals, multi - family, single - family and mixed -use buildings with commercial uses serving the daily or frequent needs of the surrounding neighborhood, to provide a transition between the commercial core and surrounding residential neighborhoods and to provide a variety of building sizes compatible with the character of the Main Street Historic District. B. Permitted uses. The following uses are permitted as of right in the Mixed -Use (MU) Zone District: 1. On historic landmark properties: Retail and restaurant uses, neighborhood commercial uses and bed and breakfast. 2. Service uses. 3. Office uses. 4. Lodging, timeshare lodge and exempt timesharing. 5. Arts, cultural and civic uses. 6. Public uses. 7. Recreational uses. 8. Academic uses. 9. Child care center. 10. Affordable multi - family housing. Planning & Zoning Commission Reso # of 2011 Vacation Rental Code Amendment Page 14 of 19 P37 11. Free - market multi - family housing. 12. Single - family residence. 13. Duplex residence. 14. Two (2) detached single - family residences. 15. Home occupations. 16. Accessory uses and structures: 17. Storage accessory to a permitted use. 18. Vacation rentals. Pursuant to Section 26.575.220. Section 17. That Section 26.710.190 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.190. Lodge (L). A. Purpose. The purpose of the Lodge (L) Zone District is to encourage construction, renovation and operation of lodges, tourist- oriented multi - family buildings through vacation rentals, high occupancy timeshare facilities and ancillary uses compatible with lodging to support and enhance the City's resort economy. The City encourages high- occupancy lodging development in this zone district. Therefore, certain dimensional incentives are provided in this zone district, as well as other development incentives in Chapter 26.470, Growth Management Quota System (GMQS). B. Permitted uses. The following uses are permitted as of right in the Lodge (L) Zone District: 1. Hotel or lodge. 2. Timeshare lodge. 3. Exempt timesharing. 4. Offices and activities accessory to timeshare unit sales (see Section 26.590). 5. Bed and breakfast. 6. Conference facilities. 7. Uses associated with outdoor recreation facilities and events. 8. Accessory uses and structures. (Food service for on -site lodge guests is an accessory use.) 9. Storage accessory to a permitted use. 10. Affordable multi - family housing accessory to a lodging or timeshare operation and for employees of the operation. 11. Free - market multi - family housing. 12. Home occupations. 13. Vacation rentals. Pursuant to Section 26.575.220. Section 18. Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 15 of 19 P38 That Section 26.710.200 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.200. Commercial Lodge (CL). A. Purpose. The purpose of the Commercial Lodge (CL) Zone District is to provide for the establishment of mixed -use commercial and lodge development by permitting commercial uses on the ground floor with lodging development above. The City encourages high - occupancy lodging development in this zone district through hotel, lodge and timeshare uses and vacation rentals B. Permitted uses. The following uses are permitted as of right in the Commercial Lodge (CL) Zone District: 1. Uses allowed in basement and ground floors: Those uses allowed in Basement and Ground Floors, respectively, within the Commercial Core Zone District. Uses and facilities necessary and incidental to uses on Upper Floors. Parking shall not be allowed as the sole use of the ground floor. 2. Uses allowed on upper floors: Hotel or lodge, timeshare lodge, exempt timesharing, offices and activities accessory to timeshare unit sales (see Chapter 26.590), conference facilities, accessory uses, storage accessory to a permitted use, affordable multi - family housing, free - market multi - family housing, vacation rentals (Food service for on -site lodge guests is an accessory use.) Section 19. That Section 26.710.310 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.310. Lodge Overlay (LO) Zone District. A. Purpose. The purpose of the Lodge Overlay (LO) Zone District is to provide for lodge uses and vacation rentals in areas of the City suitable for lodge accommodations but which lie in predominantly residential neighborhoods or where there are limitations on development that necessitate the permitted density to be significantly less than that in the City's other lodge Zone Districts. B. Permitted uses. The following uses are permitted as of right in the Lodge Overlay (LO) Zone District: 1. The uses permitted in the underlying zone district. 2. Hotel or lodge. 3. Timeshare lodge. 4. Exempt timesharing. 5. Bed and breakfast. 6. Offices and activities accessory to timeshare unit sales (see Chapter 26.590). 7. Conference facilities. Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 16 of 19 P39 8. Uses associated with outdoor recreation facilities and events. 9. Accessory uses and structures. (Food service for on -site lodge guests is an accessory use.) 10. Storage accessory to a permitted use. 11. Affordable housing accessory to a lodging or timeshare operation and for employees of the operation. 12. Free - market multi - family housing. 13. Vacation rentals. Pursuant to Section 26.575.220. Section 20. That Section 26.710.320 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.320. Lodge Preservation Overlay (LP) Zone District. A. Purpose. The purpose of the Lodge Preservation (LP) Overlay Zone District is to provide for and protect small lodge uses on properties historically used for lodge accommodations, to permit redevelopment of these properties to accommodate lodge and affordable housing uses, to provide uses accessory and normally associated with lodge and affordable housing development, to permit vacation rentals of residential units, to encourage development which is compatible with the neighborhood and respective of the manner in which the property has historically operated and to provide an incentive for upgrading existing lodges on site or onto adjacent properties. B. Permitted uses. The following uses are permitted as of right in the Lodge Preservation (LP) Overlay Zone District: 1. The uses permitted in the underlying zone district. 2. Hotel or lodge. 3. Timeshare lodge. 4. Exempt timesharing. 5. Bed and breakfast. 6. Dormitory. 7. Offices and activities accessory to timeshare unit sales (see Chapter 26.590). 8. Conference facilities. 9. Uses associated with outdoor recreation facilities and events. 10. Accessory uses and structures. (Food service for on -site lodge guests is an accessory use.) 11. Storage accessory to a permitted use. 12. Affordable housing accessory to a lodging or timeshare operation and for employees of the operation. 13. Free - market multi - family housing. 14. Vacation rentals. Pursuant to Section 26.575.220. Section 21. Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 17 of 19 P40 That Section 26.710.330 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 26.710.330. Ski Area Base (SKI). A. Purpose. The purpose of the Ski Area Base (SKI) Zone District is to provide for areas which allow for a mixture of uses related to ski area uses and operations including, skiing and appurtenant uses and structures, ski area administrative offices, recreation, lodge/hotel, retail, restaurant and bar uses, tourist - oriented service uses, residential uses, and vacation rentals. It is intended that this Zone District will apply to areas located at the base of ski areas and all development within this district will be master planned through a planned unit development (PUD) process. B. Permitted uses. The following uses are permitted as of right in the Ski Area Base (SKI) Zone District: 1. Alpine and Nordic ski areas, related uses and support facilities typically associated with the uses and operations of ski areas. 2. Lodge units. 3. Hotel. 4. Multi- family dwellings. 5. Detached residential or duplex dwellings. 6. Dining rooms, customary accessory commercial uses, laundry and recreational facilities located on the same site of and for guests of lodge units, hotels and dwelling units. 7. Accessory residential dwellings restricted to Affordable Housing Guidelines and Section 26.520.040. 8. Ski area administrative offices. 9. Restaurants and bars. 10. Special events associated with ski areas including such events as ski races, bicycle races and concerts; with special event committee review. 11. Parks, outdoor recreational uses and trails. 12. Recreational facility. 13. Retail establishments. 14. Public transportation stop. 15. Terminal building and transportation related facilities. 16. Medical clinic accessory to the ski area. 17. Fire, police and emergency services facilities. 18. Accessory buildings and uses. 19. Outdoor vendor carts or areas for food and beverages sales and preparation. 20. Timeshare lodge. 21. Exempt timesharing. 22. Vacation rentals. Pursuant to Section 26.575.220. Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 18 of 19 P41 FINALLY, adopted and approved this _ day of , 2011. Stan Gibbs, Chairman Attest: Jackie, Lothian, City Clerk Approved as to form: James R. True, Special Counsel Planning & Zoning Commission Reso # _ of 2011 Vacation Rental Code Amendment Page 19 of 19 P42 Exhibit A Sec. 26.310.040. Standards of review. In reviewing an amendment to the text of this Title or an amendment to the Official Zone District Map, the City Council and the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. Staff Response: The proposed amendment is not in conflict with any applicable portions of the Municipal Code. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. Staff Response: Staff finds that the proposed amendment is consistent with the AACP, specifically the Economic Sustainability Chapter as outlined below: "Essential to long -term viability is the unique, varied, high quality, and welcoming experience Aspen offers to both residents and a diverse visitor population. They demand a lively, small -scale downtown with diverse and unique shops and varied choices of accommodations, including small lodges." (Philosophy, pg 31) Response: Allowing vacation rentals as a permitted use provides visitors with more diverse lodging options and provides some financial relief to long time residents. "Local ownership of business helps maintain our community's unusual character, tends to return more money to the local economy, and provides additional opportunities for upward mobility of people." (Philosophy, pg 31) Response: Vacation rentals return money to local property owners and will result in lodging and sales tax remittance. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Response: The proposed amendment is compatible with the zone districts and land uses and the proposed standards intend to mitigate impacts on . neighborhood characteristics. D. The effect of the proposed amendment on traffic generation and road safety. Staff Response: Vacation rentals should not have an additional impact on traffic generation and road safety. It can be assumed that the existing home already mitigated for traffic generation when it was constructed. Vacation Rental Code Amendment Exhibit A August 2, 2011 Page 2 of 2 P43 E. Whether and the extent to which the proposed amendment would result in demands on public facilities and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools and emergency medical facilities. Staff Response: Vacation rentals should not result in additional demand on public facilities. As mentioned above, it can be assumed that the existing home already mitigated for demand on public facilities when it was initially constructed. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Staff Response: n/a. G. Whether the proposed amendment is consistent and compatible with the community character in the City. Staff Response: Permitting vacation rentals is consistent and compatible with community character. Rentals have been occurring in Aspen for decades; the code amendment recognizes the existing conditions and proposes to legalize rentals through a permitting process. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Response: n/a I. Whether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent of this Title. Staff Response: Permitting vacation rentals is not in conflict with the public interest. Vacation rentals have been occurring in Aspen for many decades. The proposed amendment recognizes the current situation and legalizes it, which allows the rentals to apply for a business license and remit lodging and sales taxes. 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However, this type of use is generally only permitted in zone districts with a lodge designation with the exception of 2 rentals allowed each year for residential properties. Approximately half of the 300+ rentals listed on vrbo.com are not permitted — most of the unpermitted rentals are located in the East and West End neighborhoods? Over the past year, the Finance Department has been trying to identify existing vacation rentals to require all operators receive a business license and to ensure that tax dollars are collected. The rule that only 2 rentals are permitted per year for most residential units creates problems when issuing a business license and subsequent enforcement to ensure that the properties are in compliance. Currently there are no controls in place to mitigate impacts on residential neighborhoods and the City's only recourse for complaints is to bring the operator into Municipal Court to cease operations. At the direction of City Council, Staff proposes a code amendment to permit vacation rentals of residential dwellings through the issuance of an annual Vacation Rental Permit. The Vacation Rental Permit requires specific standards to be met on the property and would be processed administratively at the same time as a business license application. REVIEW PROCEDURE: Section 26.310 Text Amendment. At a duly noticed public hearing, the Commission shall recommend by Resolution the City Council to approve, approve with conditions, or deny the application. BACKGROUND: With the popularity and prevalence of vrbo.com ( "vacation rentals by owner ") and similar sites, Aspen is clearly not the only resort town that grapples with this issue. Colorado Association of Ski Towns (CAST) has discussed vacation rentals for a few years. Recently, CAST hired VR The Lodge zone districts are generally located at the base of Aspen Mountain. 2 This number is based on online listings in February 2011. Vacation Rental Code Amendment P &Z memo, July 19, 2011 Page 1 of 4 EXHIBITC P55 STAFF MEMO FROM 8/16/11 Compliance LLC, a consulting firm, to develop software that will provide local communities with property owner contact information and the actual physical address of properties listed on online rental sites. This action is helpful to local communities that need to contact the property owner; however it does not address how and if vacation rentals are regulated. To better understand how other communities address this issue, Community Development sent out a basic online survey to CAST. Out of the 25 CAST communities, 21 responses were received and used as a basis for the proposed code amendment language. The survey shows that each community has a different approach to vacation rental regulations based on their specific needs. To summarize a few points: about 67 %, or 14 of the respondents are satisfied with their vacation rental program; and 12 of the 14 regulate vacation rentals only through business license and/or sales tax license and do not issue revocable vacation rental permits. Almost half of the communities have specific review standards (i.e. parking, trash, etc.), and half of the communities stated difficulty tracking compliance as a problem. The Town of Jackson is the only community that answered the survey that does not allow short term rentals and has no plans to allow them. Regarding uncollected sales and lodging tax, the Finance Department drafted some projections using VRBO data and data from "mtrip, an outside consultant, to calculate that the city is missing out on collecting sales tax and lodging tax revenues between $90,000 - $100,000 a year. 37% of the tax revenues will be streamed to ACRA with the remaining 63% directed to the City. OUTREACH: Staff has met with StayAspenSnowmass, Commercial Core and Lodging Commission, and members of the lodging community to better understand potential impacts on the lodge sector. Many of the community members felt that vacation rentals need to play by the same rules as hotels and lodges. While vacation rentals seemingly could take business away from traditional lodges, there seems to be an understanding about the existing prevalence of vacation rentals in the community and a positive response to putting controls in place to require tax collection and compliance with standards. Informative emails were sent to Aspen Ski Company, Aspen Board of Realtors, Aspen Lodging Association and Aspen Chamber Resort Association. STAFF RESPONSE: In an effort to balance the preservation of neighborhood character and minimize the application process for vacation rental property owners, Staff proposes the following code amendment: Section 1: Section 1 of the draft resolution proposes changes to the following terms in the definitions section of the code: hotel (aka lodge), long term, short -term, and adding the term vacation rental. In summary, long term is a rental period that is over 30 days. Short term is related to lodging and hotel stays that are equal to or less than 30 days. Vacation rental is defined as rental of a dwelling unit for a time period equal to or less than 30 days. 3 www.vrbo.com lists 12 pages of short term rentals in the Town of Jackson as of June 2011. 4 mtrip reports provide statistical data based on a sample of up to 17 properties in Aspen, representing up to 1,431 units and 62% of 2,304 total units in Aspen. Vacation Rental Code Amendment P &Z memo, August 16, 2011 Page 2 of 4 P56 EXHIBIT C STAFF MEMO FROM 8/16/11 Section 2: Section 2 of the draft resolution proposes a new section to the Land Use Code that explains the Annual Vacation Rental Permit purpose, standards, review process, and revocation and appeal processes. Process: The vacation rental permit process applies only to residential dwelling units: timeshare units, lodges, and hotels are exempt. A property rental that exceeds 30 days in duration does not qualify as a vacation rental and does not require a vacation rental permit. The rental permit is an administrative review processed simultaneously with the business license application. Review Standards: The review standards are based on past communities' experiences and the nature of complaints that Community Development has received over the years. There are 7 proposed review standards including: HOA notice: If applicable, the property owner is required to provide notice of the vacation rental permit to the Homeowner's Association. Business license application: Proof of a business license application is required. Parking: The property either has adequate parking on the site, or the property needs to demonstrate sufficient on- street parking passes. The residential guest parking pass is permitted to be used for renters; however the Parking Department only issues 1 guest pass per residence. Additional "lodging guest" parking passes may be obtained from the Parking Department, if needed. Trash: The property must have bear -proof trash containers that meet the Wildlife Protection section of the Code. All properties are required to meet the Wildlife Protection regulations; however not all properties are in compliance. Staff proposes this standard to ensure that the rental properties meet the existing regulations and to bring awareness that proper trash disposal is extremely important in Aspen's environment. Local owner representative: A contact person and phone number for the property is required. The contact needs to be located within the Roaring Fork Valley and can be anyone — from the owner or a neighbor to a property management company. The owner representative's name and phone number will be listed on the city website as a contact for neighbors that have concerns or questions. A local representative will be able to address any immediate issues that arise and serve as an initial contact person for the City if a complaint is filed. Lodging and sales tax: Vacation rentals are required to comply with the City's taxpayer responsibilities listed in Section 23.08 of the Municipal Code. Notice to neighbors for single family and duplex residences outside the lodge zone districts: Vacation rentals of single family and duplex residences outside of the Lodge zone districts are required to mail notice to adjacent neighbors notifying the neighbors that a vacation rental permit is issued for the property and the name and contact number for the local representative. Notice keeps neighbors in Long -tern residential areas aware of rentals in the area and provides them with a contact if questions or concerns arise. Vacation Rental Code Amendment P &Z memo, August 16, 2011 Page 3 of 4 EXHIBITC P57 STAFF MEMO FROM 8/16/11 Staff has received some feedback from local realtors that requiring notice to neighbors is overly excessive and may cause some neighbor to neighbor conflicts. Staff recommends that the Planning and Zoning Commission discuss and provide clear recommendations to City Council regarding notice. Staff proposes that multi - family units are exempt from mailing notice since it is generally assumed that multi - family units are rented, the impacts on the neighborhood are minimal, and to reduce the number of notices mailed out to neighbors. Single family and duplex residences located in the lodge zone districts, generally at the base of Aspen Mountain, are proposed to be exempt from mailing notice due to their location in the tourist concentrated area of town. Renewal: Annual permit renewals require only HOA notice (if applicable), a current business license, a local property owner representative, and notice (if applicable). Revocation: The Community Development Director has the authority to revoke the rental permit if the standards are violated. The property owner will receive notice of a hearing with the Community Development Director and receive full opportunity to be heard and to fix the violations prior to any action being taken. Section 3: This section adds vacation rental as a permitted use to zone districts that permit residential uses. The ability to short term rent is added into the purpose statement of each zone district as well. NEXT STEPS: Review by City Council. REQUEST OF THE P & Z: Planning and Zoning Commission is asked to make a recommendation to the City Council regarding the proposed code amendments in the attached draft resolution. STAFF RECOMMENDATION: Staff finds that the proposed amendment is consistent with the AACP, as outlined in Exhibit A, and recommends that the Planning and Zoning Commission recommend approval to City Council. ATTACHMENTS: Resolution # , Series of 2011 EXHIBIT A — Section 26.310.040 Standards of Review EXHIBIT B - CAST survey EXHIBIT C — Staff Memo dated August 16, 2011 Vacation Rental Code Amendment P &Z memo, August 16, 2011 Page 4 of 4 a) m c m C 4 L 0 m L p • C C ." 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P1 MEMORANDUM TO: Planning and Zoning Commission THRU: Jennifer Phelan, Community Development Deputy Director FROM: Drew Alexander, Planner DA RE: Code Amendments - Impact Fees (26.610) and School Land Dedication (26.620); Resolution No. -, Series of 2011 u &L vr 2-3 12- 0 � MEETING DATE: August 16', 2011 (continued from August 2 ) SUMMARY: The current City of Aspen Land Use Code imposes a number of impact fees and land dedication fees -in -lieu upon residential development to ensure that "development pay all or part of its way." These exactions are currently calculated and based upon the number of bedrooms proposed for the development. Staff is preparing amendments to the Land Use Code to eliminate the "bedroom game" and maintain a higher level of service. Amending the calculation methodology of the impact fees and land dedication fee -in -lieu should greatly simplify the zoning review process. The affected fees include Parks Development Impact Fee, Transportation Demand Management (TDM) /Air Quality Impact Fee, and School Land Dedication. These amendments reflect Land Use Code Chapters 26.610, Impact Fees and 26.620, School Land Dedication. The Impact Fee and School Land Dedication language was last amended in 2006 by Community Development Staff and BBC Research and Consulting out of Denver. It was during this time that the formula for using bedrooms for calculation was arrived at. No amendments have taken place since 2006. REVIEW PROCEDURE: Text Amendment. At a duly noticed public hearing, the Commission shall recommend by Resolution the City Council to approve, approve with conditions, or deny the application. BACKGROUND: For residential development, the impact fees and land dedication fees -in -lieu are calculated based upon the number of bedrooms in a residence. The Land Use Code has a definition of "bedroom" that the zoning officer uses when reviewing plans: Bedroom: A portion of a dwelling unit intended to be used for sleeping purposes, which may contain closets, and may have access to a bathroom. This defmition is not precise and lends itself to varying interpretation. What frequently happens (because the fees can be large) is that architects and builders will begin the Page l of 4 P2 "bedroom game" with the zoning officer to try and lessen the fee amount. For example, a room with a closest may be labeled as a "study" on a plan set to avoid fees, but the zoning officer will calculate the room as a bedroom because it meets the definition in the code. Then, the architect will disagree with the decision and make small amendments. These resubmissions persist until the zoning officer determines the room is no longer a bedroom. These changes usually look like doors being removed, removal of closets, or eliminated bathrooms or access to bathrooms. In an effort to avoid the bedroom debate altogether; staff has prepared a new draft of the Impact Fees and School Lands Dedication language that uses floor area as the calculation variable for fees. Staff created a report from approximately 350 building permits dating back to 2004 and examined two categories: floor area and number of bedrooms. RRC Associates in Boulder, CO are acting as a consultant on the project and confirming any data that staff is using for statistical validity. RRC Associates specialize in research and analysis with an emphasis in land use planning. Converting the City's impact fee system to a floor area basis will simplify zoning review, eliminate time wasted debating about the purpose /use of each room, impose fees more predictably, and make the impact fee estimates more precise for prospective applicants. Using floor area rather than the number of bedrooms should result in a system that is more accurate. As stated, the "bedroom game" encourages building permits to have awkward amendments and less than practical finished layouts. Floor area provides a simple metric that will accurately assess fees based on the size of home. These amendments will only alter the method of calculation, not the pre - determined fee schedules that have been in use since 2006. NEW CALCULATIONS: For TDM/Air Quality and Parks impact fees, staff has taken the total floor area from the building permit data and divided the number by the total fees paid for those permits. Based on the sample size, staff only used dwelling units with 6 bedrooms or less (there were only very few 7+ bedroom properties to sample from). The total floor area gathered for these permits was 1,022,427 square feet. The total amount of beds was 1,255. 1,255 bedrooms would have paid $5,558,395 for Parks Development. $5,558,395 divided by the floor area amount (1,022,427) equals approximately $5.45 per square foot. The same math was applied for the TDM/Air Quality Fee. For School Lands Dedication, staff had to identify the average size of a four bedroom home (being that was the basis of the previous calculation). After analyzing the date, the average size of a four bedroom home was identified as 3,475 square feet of floor area. Staff then took this number and divided the cap on student generation (.452) by it. This resulted in a per square foot student generation rate of .00013 students. Additionally, to address the type of increasing scale that is present in the current Code, staff identified a generation rate for the average sized two- bedroom home. Applying the same math as explained for the 4 bedroom mitigation rate, .00008 was identifying as the generation rate. Three and four Page 2 of 4 P3 bedroom homes were adjusted accordingly for this scale (.00016 instead of .00013). Please see Table 2 below. Throughout this drafting process, staff has been in contact with the Aspen School District, the Transportation Dept., Parks Dept., and Environmental Health (groups that are impacted or receive funds from these fees). After this hearing, staff will continue this outreach and inform these entities of the Planning and Zoning Commission's recommendation. The new fees would include the following for residential development: Table 1: Parks and TDM/Air Quality for residential Parks Development $5.45 per sq. ft of floor area TDM/Air Quality $0.61 per sq. ft of floor area Note: • Hotel development is calculated just as residential floor area. However, non -unit space will not be contributed to these units during the calculation for fees. • Net leasable square foot is already calculated per square foot and will remain the same. Table 2: School Land Dedication Floor area (sq. ft.) Student Generation Rate First 1,200 .00008 per sq. ft 1,201 — 3,425 .00016 per sq. ft. Above 3,425 0 Notes: - An Accessory Dwelling Unit or Carriage House, as defined by and meeting the requirements of this Title, shall be calculated as additional floor area of a single - family or duplex dwelling. - When redevelopment of a property adds floor area, the difference between the generation rates of the existing floor area and the proposed floor area shall be the number of students generated. - For example, a 950 square foot residential unit would be required to mitigate for 68 square feet of land (950 *.00008) *896 = 68). Also see Figure 620.1. RECOMMENDATION: Staff recommends the Planning and Zoning Commission recommend approval of the City - initiated amendments to Impact Fees and School Land Dedication as described in Resolution , Series of 2011. Page 3 of 4 P4 RECOMMENDED MOTION: "I move to approve Resolution , Series of 2011 recommending approval of the amendments to Impact Fees and School Land Dedication." Attachments: Resolution No. , Series of 2011 Exhibit A: Code language with mark -ups Exhibit B: PowerPoint handout Page 4 of 4 P5 RESOLUTION NO. _ (SERIES OF 2011) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, RECOMMENDING AMENDMENTS TO THE FOLLOWING SECTION OF THE CITY OF ASPEN LAND USE CODE: 26.610, IMPACT FEES, AND 26.620, SCHOOL LAND DEDICATION WHEREAS, the Community Development Director of the City of Aspen initiated an application proposing amendments to the Land Use Code, pursuant to Chapter 26.210; and, WHEREAS, the amendments relate to Section 26.610, Impact Fees, and 26.620, School Land Dedication, of Title 26 of the Aspen Municipal Code; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Community Development Director and then by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Community Development Director recommended approval of amendments to the above listed Sections as further described herein; and, WHEREAS, review of amendments to the official Land Use Code by the Planning and Zoning Commission require a public hearing and this application was reviewed at multiple public hearings were the recommendation of the Community Development Director and comments from the public were heard; and, WHEREAS, at regular meeting on July 5 2011, the Planning and Zoning Commission opened a duly noticed public hearing to consider the amendments as described herein and continued the hearing to July 19 2011 for further discussion. At the July 19 2011 meeting, the Planning and Zoning Commission opened a public hearing, took public comment, considered the recommendation from the Community Development Director and recommended City Council approve the Land Use Code amendments by a _ to _ ( - _) vote, with findings and conditions listed hereafter; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT: Planning and Zoning Commission Resolution No. , Series of 2011 Page 1 P6 Section 1: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.610, Impact Fees, which section defines, describes, authorizes, and regulates the collection of Impact Fees of Parks Development and Transportation Demand Management (TDM) /Air Quality within the City of Aspen to read as follows: Chapter 26.610 IMPACT FEES Sections: 26.610.010 Purpose and intent 26.610.020 Applicability 26.610.030 Exemptions 26.610.040 Definitions 26.610.050 Imposition, calculation and collection of fees /charges 26.610.060 Impact fee accounts 26.610.070 Use of impact fee proceeds 26.610.080 Credits 26.610.090 Current impact fees 26.610.100 Waiver of fees 26.610.110 Appeals 26.610.010. Purpose and intent. For residents and visitors, parks and recreation facilities make up a significant part of the community character of the City. As a result of growth, increased pressure is placed on existing parks and recreation facilities necessitating acquisition of new park lands and development of additional recreation facilities in order to maintain the current level of service. In order to maintain the current community standards for acquisition of open space and development of parks and recreation facilities, the City finds it necessary to impose a Park Development impact fee on new development. Transportation demand management and air quality capital facilities ensure the mobility of residents, workers and visitors through multi -modal solutions, as well as clean air for the community. The Aspen Area Community Plan directs the City to maintain traffic levels at or below 1993 levels in order to protect our environment and quality of life, and the City has invested in capital facilities to do so. As new development and growth occur, increased pressure is placed upon our existing facilities, necessitating expansion of these capital facilities to maintain the current level of service. In order to maintain the current community standards for transportation demand management and air quality, the City fmds it necessary to impose a Transportation Demand Management/Air Quality impact fee on new development. Planning and Zoning Commission Resolution No. , Series of 2011 Page 2 P7 This Chapter is enacted for the purpose of implementing the City's plans for capital facilities by requiring that new development pay for its fair share of such facilities through the imposition of impact fees that will be used to finance, defray or reimburse all or a portion of the costs incurred by the City to serve new development. (Ord. No. 33, 2006, §1) Sec. 26.610.020. Applicability. Unless expressly exempted, the Park Development impact fee and the Transportation Demand Management (TDM) /Air Quality impact fee shall be assessed upon all development within the City which contains new residential floor area or net leasable space. (Ord. No. 33, 2006, §1)* 26.610.030. Exemptions. This Chapter does not apply to: A. Development involving a property listed on the Aspen Inventory of Historic Landmark Sites and Structures. This exemption is solely for an historic structure and its accessory structures. Development on an historic Landmark property involving a non- historic or new building shall not be exempt. B. Alteration, expansion or replacement of a structure which does not create additional floor area or net leasable space. (Ord. No. 33, 2006, §1)* 26.610.040. Definitions. When used in this Chapter, the following words, terms and phrases, and their derivations, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning. Other words and terms shall be defined under the Definition section of this Title: A. Building permit means any City permit that involves increases in floor area, net leasable square footage and/or changes to land use. B. Capital facilities means land, structures or equipment for purposes of parks and recreation, transportation demand management and air quality. Capital facilities also includes design, engineering, inspection, testing, planning, legal review, land acquisition and all other costs associated with the construction or purchase of land, structures or equipment. C. Collection means the point at which the impact fee /charge is actually paid to the City. D. Impact fee means a monetary exaction imposed by the City pursuant to this Chapter as a condition of or in connection with approval of a development project for the purpose of defraying all or some of the City's cost for capital facilities associated with that development project. Planning and Zoning Commission Resolution No. , Series of 2011 Page 3 P8 E. Impose means to determine that a particular development project is subject to the collection of impact fees as a condition of development approval. F. New development or development project means any project undertaken for the purpose of development, including without limitation a project involving the issuance of a permit for construction, reconstruction or change of use but not a project involving the issuance of a permit to operate or to remodel, rehabilitate, reconstruct or improve an existing structure, which does not change the amount of floor area, amount of net leasable space, density or intensity of use. G. Nonresidential development project means all development other than residential development projects. II. Residential development project means any development, inclusive of hotel development, undertaken to create a new dwelling/lodge unit or add additional floor area to an existing dwelling/lodge unit. (Ord. No. 33, 2006, §1)* 26.610.050. Imposition, calculation and collection of fees /charges. A. Imposition. Except as provided in this Chapter and any amendment to this Chapter, the City may impose impact fees as a condition of approval of all new development projects. B. Updated annually. The base amount of each impact fee for each type of development project may be calculated annually and adopted by City Council ordinance. The City may choose to update its fee schedule based on the change in the Engineering News Record inflation index that occurs between annual updates. C. Collection. Impact fees shall be collected by the Building Department at the time and as a condition for issuance of a building permit. (Ord. No. 33, 2006, §1) 26.610.060. Impact fee accounts. A. Individual accounts. The City shall establish an impact fee account for each type of capital facility for which an impact fee is imposed. The impact fees collected shall be deposited in each such account according to type of improvement. The funds of the account shall not be commingled with other funds of the City. B. Interest - bearing. Each impact fee account shall be interest - bearing, and the accumulated interest shall become part of the account. (Ord. No. 33, 2006, §1) 26.610.070. Use of impact fee proceeds. Impact fees may be expended only for the type of capital facilities for which they were imposed, calculated and collected and according to procedures established in this Chapter. Planning and Zoning Commission Resolution No. , Series of 2011 Page 4 P9 Impact fees may be used to pay the principal, interest and other costs of bonds, notes and other obligations issued or undertaken by or on behalf of the City to finance such improvements. (Ord. No. 33, 2006, §1) Sec. 26.610.080. Credits. A. A property owner who dedicates land or improvements, agrees to participate in an improvement district or otherwise contributes funds for capital facilities as defined in this Chapter may be eligible for a credit for such contribution against the impact fee paid. 1. The City Council shall determine: a. The value of the developer contribution; b. Whether the contribution meets capital facilities' needs for which the particular impact fee has been imposed; and c. Whether the contribution will substitute or otherwise reduce the need for capital facilities anticipated to be provided with impact fee funds. In no event, however, shall the credit exceed the amount of the applicable impact fee. B. When additional residential floor area, hotel floor area or net leasable space are proposed after the demolition of a dwelling unit, lodge unit, or net leasable space, either individually or in combination, a credit for the existing floor area or net leasable space shall be credited towards the replacement development. A credit may only be allocated towards the development on an individual lot and cannot be assigned towards development on a separate lot. C. Any application for credit must be submitted on forms provided by the City before development project approval. The application shall contain a declaration under oath of those facts which qualify the property owner for the credit, accompanied by the relevant documentary evidence. (Ord. No. 33, 2006, §1)* 26.610.090. Current impact fees. The following impact fees are the result of the "City of Aspen Impact Fee Study and Update of School Lands Dedication" study, which was sponsored by the City of Aspen and completed by BBC Research and Consulting on August 7, 2006. This study is available at the Community Development Department. On August , 2011, the Impact Fees were amended by the City of Aspen in order to make floor area the calculation variable instead of bedrooms. Impact fees are hereby established as follows: Planning and Zoning Commission Resolution No. , Series of 2011 Page 5 P10 Table 610.1, Impact Fee Schedule Parks Development Fee Residential and Hotel (per sq. ft. floor area) $5.45 Nonresidential (per net leasable sq. ft.) 4.10 TDM/Air Quality Fee Residential and Hotel (per sq. ft. floor area) $0.61 Nonresidential (per net leasable sq. ft.) 0.46 Notes: - An Accessory Dwelling Unit or Carriage House, as defined by and meeting the requirements of this Title, shall be calculated as additional floor area of a single - family or duplex dwelling. - The calculation for hotel units shall include only the floor area associated with the individual lodging units. The payment of Parks Development and TDM/Air Quality fees shall not include non -unit space. (Ord. No. 33, 2006, §1)* 26.610.100. Waiver of fees. Whenever the City Council determines that any part of a proposed development constitutes an affordable housing development or an essential public facility, as defined by this Title, and wishes to subsidize the construction, the City Council may exempt that part of the development from the application of the impact fees or may reduce by any amount the fees imposed by this Chapter. As an economic development incentive, a lodging development may apply for a waiver of the impact fees. An application for a waiver must be made and acted upon by the City Council prior to the submission of a building permit application. Retroactive waivers are not permitted. (Ord. No. 33, 2006, §1) Sec. 26.610.110. Appeals. Prior to issuance of a building permit, the applicant may challenge the imposition of a fee imposed pursuant to this Chapter by filing with the Community Development Director a written notice of appeal as provided in Section 26.316.030, Appeals procedures, with a full statement of the grounds and an appeal fee as may be fixed from time to time by ordinance by the City Council. The City may continue processing the building permit application. If the building permit is available for issuance by the City and the appeal has not been heard, the building permit may be issued if a bond or other security in an amount equal to the challenged/unpaid portion of the impact fee /charge is provided to the City. The appeal shall be heard by the City Council. Planning and Zoning Commission Resolution No. , Series of 2011 Page 6 P11 (Ord. No. 33, 2006, §1) Section 2: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.620, School Land Dedication, which section defines, describes, authorizes, and regulates the collection of School Land Dedication fee -in -lieu within the City of Aspen to read as follows: Chapter 26.620 SCHOOL LAND DEDICATION Sections: 26.620.010 Purpose and intent 26.620.020 Applicability 26.620.030 Exemptions 26.620.040 Definitions 26.620.050 Imposition, calculation and collection of dedications 26.620.060 Procedures for land dedication and/or cash payment 26.620.070 Current land dedication and cash -in -lieu fees 26.620.080 Appeals 26.620.010. Purpose and intent. The Aspen School District requires land for necessary school functions which may include, but are not limited to, school buildings, support facilities, open space and recreation areas and housing for employees and their immediate families. The purpose of this provision is to ensure that, as development occurs and enrollment in the schools grows, the current level of service provided to students can be maintained. This is accomplished by the adoption of standards for new development to provide land, or cash in lieu thereof, to the City, for use by the Aspen School District. The standards are based on the number of students the development generates and the current level of service standard within the Aspen School District for land area provided per student. (Ord. No. 33, 2006, §2) 26.620.020. Applicability. Unless expressly exempted, the school land dedication standard shall be assessed upon all development within the City which contains residential dwelling units or additional floor area. The school land dedication standard shall only be assessed on the first 3,475 sq. ft. of floor area per dwelling unit. (Ord. No. 33, 2006, §2)* Sec. 26.620.030. Exemptions. Any development considered nonresidential development, as defined by this Chapter, is exempt from the school land dedication. Planning and Zoning Commission Resolution No. , Series of 2011 Page 7 P12 (Ord. No. 33, 2006, §2) Sec. 26.620.040. Definitions. When used in this Chapter, the following words, terms and phrases, and their derivations, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: A. Building permit means any City permit that increases residential floor area and/or changes of land use. B. Collection means the point at which land or a cash payment in Lieu is actually transferred or paid to the City. C. Impose means to determine that a particular development project is subject to the collection of a land dedication as a condition of development approval. D. Land dedication means a land exaction imposed by the City pursuant to this Chapter as a condition of or in connection with approval of a development project for the purpose of defraying all or some of the Aspen School District's cost for capital facilities associated with that development project. E. New development or development project means any project undertaken for the purpose of development, including without limitation, a project involving the issuance of a permit for construction, reconstruction or change of use but not a project involving the issuance of a permit to operate or to remodel, rehabilitate, reconstruct or improve an existing structure, which does not change the amount of floor area. F. Nonresidential development project means all development other than residential development. G. Residential development project means any development undertaken to create a new dwelling unit or to add additional floor area to an existing dwelling unit, excluding hotel units. (Ord. No. 33, 2006, §2) 26.620.050. Imposition, calculation and collection of dedications. A. Imposition. Except as provided in this Chapter and any amendment to this Chapter, the City may impose a school land dedication as a condition of approval of all new development projects. All lands dedicated to the City pursuant to this Section shall be held by the City for the Aspen School District, until such time as they shall be requested by the School District for school purposes. The Aspen School District shall be responsible for maintenance of said lands in a reasonable manner while they are being held by the City. Planning and Zoning Commission Resolution No. , Series of 2011 Page 8 P13 B. Collection. Land dedications shall be finalized and completed prior to building permit application. A cash payment in lieu, however, shall be collected by the Building Department at the time and as a condition for issuance of a building permit. 1. Funds. M1 funds collected pursuant to this Chapter shall be transferred by the Community Development Director to the Finance Director. All funds so collected shall be properly identified and promptly deposited in a designated account. Funds withdrawn from this fund shall be used exclusively for the purposes specified herein. 2. City shall transfer funds to School District. Funds collected pursuant to this Chapter shall be remitted monthly to the Aspen School District. The Aspen School District shall deposit said funds into an interest - bearing account authorized by law. The Aspen School District shall be the owner of the funds in the account, but the signature of the chief financial officer of the Aspen School District, or his or her designee, and the signature of the Finance Director of the City shall be required for the withdrawal of monies from the account. 3. Administrative Fee. The City shall be entitled to retain two percent (2 %) of the funds collected to compensate it for its administrative expenses of collecting the fees. Said fees shall be deposited in the City's general revenue fund to be expended as the City shall determine in its sole discretion. C. Updated Annually. The land dedication standard imposed may be updated annually and adopted by City Council ordinance. (Ord. No. 33, 2006, §2) 26.620.060. Procedures for land dedication and/or cash payment. A. Land Dedication. Lands to be dedicated to the City to fulfill the standards of this Chapter shall be identified on the subdivision plat and shall be dedicated to the City at the time of final plat approval. 1. Acceptance. Acceptance of the lands to be dedicated shall be at the discretion of the City Council. 2. Criteria. Prior to acceptance, the City shall consider the comments of the Aspen School District to determine whether the lands proposed to be dedicated are of adequate size and can be suitably developed for school purposes or whether the lands have the capability of being sold, with the proceeds being used for school purposes. The City shall also consider the probable impacts on neighboring properties of the development of the lands for school purposes. When the lands proposed to be dedicated are not adequate or suitable for school purposes and cannot feasibly be sold, the City shall require a cash payment in lieu of the land dedication. Planning and Zoning Commission Resolution No. , Series of 2011 Page 9 P14 B. Cash -in -lieu payment. Payment of cash in lieu of a land dedication shall be made to the City prior to and on a proportional basis to the issuance of any building permits for the residential dwelling units. (Ord. No. 33, 2006, §2) 26.620.070. Current land dedication and cash -in -lieu fees. A. The following land dedication is the result of the "City of Aspen Impact Fee Study and Update of School Lands Dedication" study, which was sponsored by the City and completed by BBC Research and Consulting on August 7, 2006. This study is available at the Community Development Department. The land dedication was amended on August _, 2011 to implement a change that began using floor area as a basis of calculation instead of bedrooms. The current land area required per student equals 896 square feet. Table 620.1 provides the student generation rates as follows: Table 620.1, Student Generation Rates Floor area (sq. ft.) Student Generation Rate First 1,200 .00008 per sq. ft. 1,201— 3,425 .00016 per sq. ft. Above 3,425 0 Notes: - The calculation of the School Land Dedication shall be access per dwelling unit. For example, duplex dwelling units do not combine their floor area for one calculation. - An Accessory Dwelling Unit or Carriage House, as defined by and meeting the requirements of this Title, shall be calculated as additional floor area of the single - family or duplex dwelling it is associated with. - When redevelopment of a property adds floor area, the difference between the generation rates of the existing floor area and the proposed floor area shall be the number of students generated. - When a scrape- and - replace project is proposed, the redevelopment shall be credited the floor area from the demolished residential dwelling unit. Credit from a demolished dwelling unit cannot be allocated to more than one replacement dwelling unit or to development on a different lot. - For a general example, a 950 square foot residential unit would be required to mitigate for 68 square feet of land (950 *.00008) *896. Also see Figure 620.1. Planning and Zoning Commission Resolution No. , Series of 2011 Page 10 P15 Figure 620.1, School Land Dedication Calculation Land Area per Student Standard (square feet) multiplied by Total Students Generated (Provided in Table 620.1, Student Generation Rates) equals Total Square Feet to be Dedicated B. Cash payment in lieu. An applicant may make a cash payment in lieu of dedicating land to the City, or may make a cash payment in combination with a land dedication, to comply with the standards of this Chapter. Because of the extraordinary cost of land within the City, the School District and the City agreed to require payment of a cash -in- lieu amount which is less than the full market value of the land area. The formula to determine the amount of cash -in -lieu payment for each residential dwelling unit is as follows: Figure 620.2, Cash -in -Lieu Formula Total Square Feet to be Dedicated multiplied by Appraised Per - Square - Foot Value of Land Being Developed multiplied by Percentage of Fee to be Charged (0.33) equals Cash -in -Lieu Payment Planning and Zoning Commission Resolution No. -, Series of 2011 Page 11 P16 Figure 620.3, Cash Payment in Lieu Example The following example provides a development scenario to display how the fee is calculated. The scenario includes a new 3,200 sq. ft. (floor area) single- family residential home on a 6,000 sq. ft. lot with an actual lot value of $2,400,000. This lot value would mean a per sq. ft. lot value of $400. Floor Area Students Generated 3,200 (first 1,200 sq. ft. x .00008) .096 (remaining 2,000 sq. ft. x .00016) .32 Total Student Generation Rate .416 Land Dedication Calculation Land Area per Student Standard (sq. ft.) 896 multiplied by Total Students Generated (from above calculation) .416 equals Total Square Feet to be Dedicated 372.74 When calculating a cash payment in lieu of a land dedication (assuming a total land value of $2,400,000 for a 6,000 - square -foot lot containing the dwelling unit), the following calculation would be used to determine the cash payment in lieu: Market Value of Land per sq. ft. $400 per sq. ft. multiplied by Total Square Feet to be Dedicated 372.74 multiplied by Percentage of Fee to be Charged 0.33 equals Cash Payment in Lieu $49,201.68 1. Current market value. Current market value means the value of the land at the time of the cash -in -lieu payment, including site improvements such as streets and Planning and Zoning Commission Resolution No. , Series of 2011 Page 12 P17 utilities, but excluding the value of residential dwelling units and other structures on the property. 2. Substantiation. Market value may be substantiated by a documented purchase price (if an arms - length transaction no more than two [2] years old) or other mutually agreed -upon recognized means. 3. Appraisal. In the event the developer and the City fail to agree on market value, such value shall be established by a qualified real estate appraiser acceptable to both parties. The developer shall pay for the appraisal. C. Mixed Use Development. Properties containing mixed use development shall only pay the School Land Dedication fee -in -lieu for the floor area associated with the residential component of the development. Non -unit space shall not contribute to the payment of School Land Dedication. 26.620.080. Appeals. A. Prior to issuance of a building permit, the applicant may challenge the imposition of a land dedication imposed pursuant to this Chapter by filing with the Community Development Director a written notice of appeal as provided in Section 26.316.030, Appeals procedures, with a full statement of the grounds and an appeal fee as may be fixed from time to time by ordinance by the City Council. The City may continue processing the building permit application. If the building permit is available for issuance by the City and the appeal has not been heard, the building permit may be issued if a bond or other security in an amount equal to the challenged/unpaid portion of the land dedication is provided to the City. The appeal shall be heard by the City Council. (Ord. No. 33, 2006, §2) Section 3: A public hearing on this Resolution was held on the 16 day of August, 2011, at 4:30 p.m. in the Sister Cities Room, Aspen City Hall, Aspen Colorado, and where more than fifteen (15) days prior a public notice of the same was published in a newspaper of general circulation within the City of Aspen. (Signatures on following page} Planning and Zoning Commission Resolution No. , Series of 2011 Page 13 P18 FINALLY, adopted, passed and approved this day of , 2011. Attest: Jackie Lothian, Deputy City Clerk Stan Gibbs, Chair Approved as to form: City Attorney Planning and Zoning Commission Resolution No. , Series of 2011 Page 14 ✓- P19 Chapter 26.610 IMPACT FEES Sections: 26.610.010 Purpose and intent 26.610.020. Applicability 26.610.030 Exemptions 26.610.040 Definitions 26.610.050 Imposition, calculation and collection of fees /charges 26.610.060 Impact fee accounts 26.610.070 Use of impact fee proceeds 26.610.080 Credits 26.610.090 Current impact fees 26.610.100 Waiver of fees 26.610.110 Appeals 26.610.010. Purpose and intent. For residents and visitors, parks and recreation facilities make up a significant part of the community character of the City. As a result of growth, increased pressure is placed on existing parks and recreation facilities necessitating acquisition of new park lands and development of additional recreation facilities in order to maintain the current level of service. In order to maintain the current community standards for acquisition of open space and development of parks and recreation facilities, the City finds it necessary to impose a Park Development impact fee on new development. Transportation demand management and air quality capital facilities ensure the mobility of residents, workers and visitors through multi-modal solutions, as well as clean air for the community. The Aspen Area Community Plan directs the City to maintain traffic levels at or below 1993 levels in order to protect our environment and quality of life, and the City has invested in capital facilities to do so. As new development and growth occur, increased pressure is placed upon our existing facilities, necessitating expansion of these capital facilities to maintain the current level of service. In order to maintain the current community standards for transportation demand management and air quality, the City finds it necessary to impose a Transportation Demand Management/Air Quality impact fee on new development. This Chapter is enacted for the purpose of implementing the City's plans for capital facilities by requiring that new development pay for its fair share of such facilities through the imposition of impact fees that will be used to finance, defray or reimburse all or a portion of the costs incurred by the City to serve new development. (Ord. No. 33, 2006, §1) Sec. 26.610.020. Applicability. Unless expressly exempted, the Park Development impact fee and the Transportation Demand Management (TDM) /Air Quality impact fee shall be assessed upon all development within the City which contains new residential units floor area or net leasable space.. (Ord. No. 33, 2006, §1)* 7 P20 26.610.030. Exemptions. This Chapter does not apply to: A. Development involving a property listed on the Aspen Inventory of Historic Landmark Sites and Structures. This exemption is solely for an historic structure and its accessory structures. Development on an historic landmark property involving a non - historic or new building shall not be exempt. B. Alteration, expansion or replacement of a structure which does not create additional bedrooms floor area or net leasable space. (Ord. No. 33, 2006, §1)* 26.610.040. Definitions. When used in this Chapter, the following words, terms and phrases, and their derivations, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning. Other words and terms shall be defined under the Definition section of this Title: A. Building permit means any City permit that involves increases in the number of bedrooms floor area, net leasable square footage and/or changes to land use. B. Capital facilities means land, structures or equipment for purposes of parks and recreation, transportation demand management and air quality. Capital facilities also includes design, engineering, inspection, testing, planning, legal review, land acquisition and all other costs associated with the construction or purchase of land, structures or equipment. C. Collection means the point at which the impact fee /charge is actually paid to the City. D. Impact fee means a monetary exaction imposed by the City pursuant to this Chapter as a condition of or in connection with approval of a development project for the purpose of defraying all or some of the City's cost for capital facilities associated with that development project. E. Impose means to determine that a particular development project is subject to the collection of impact fees as a condition of development approval. F. New development or development project means any project undertaken for the purpose of development, including without limitation a project involving the issuance of a permit for construction, reconstruction or change of use but not a project involving the issuance of a permit to operate or to remodel, rehabilitate, reconstruct or improve an existing structure, which does not change the number amount of bedrooms floor area, amount of net leasable space, density or intensity of use. G. Nonresidential development project means all development other than residential development projects. H. Residential development project means any development, inclusive of hotel development, undertaken to create a new dwelling/lodge unit or add one (1) or more additional bedreems floor area to an existing dwelling/lodge unit. 2 P21 (Ord. No. 33, 2006, §1)* 26.610.050. Imposition, calculation and collection of fees /charges. A. Imposition. Except as provided in this Chapter and any amendment to this Chapter, the City may impose impact fees as a condition of approval of all new development projects. B. Updated annually. The base amount of each impact fee for each type of development project may be calculated annually and adopted by City Council ordinance. The City may choose to update its fee schedule based on the change in the Engineering News Record inflation index that occurs between annual updates. C. Collection. Impact fees shall be collected by the Building Department at the time and as a condition for issuance of a building permit. (Ord. No. 33, 2006, §1) 26.610.060. Impact fee accounts. A. Individual accounts. The City shall establish an impact fee account for each type of capital facility for which an impact fee is imposed. The impact fees collected shall be deposited in each such account according to type of improvement. The funds of the account shall not be commingled with other funds of the City. B. Interest - bearing. Each impact fee account shall be interest - bearing, and the accumulated interest shall become part of the account. (Ord. No. 33, 2006, §1) 26.610.070. Use of impact fee proceeds. Impact fees may be expended only for the type of capital facilities for which they were imposed, calculated and collected and according to procedures established in this Chapter. Impact fees may be used to pay the principal, interest and other costs of bonds, notes and other obligations issued or undertaken by or on behalf of the City to fmance such improvements. (Ord. No. 33, 2006, §1) Sec. 26.610.080. Credits. A. A property owner who dedicates land or improvements, agrees to participate in an improvement district or otherwise contributes funds for capital facilities as defined in this Chapter may be eligible for a credit for such contribution against the impact fee paid. 1. The City Council shall determine: a. The value of the developer contribution; b. Whether the contribution meets capital facilities' needs for which the particular impact fee has been imposed; and c. Whether the contribution will substitute or otherwise reduce the need for capital facilities anticipated to be provided with impact fee funds. In no event, however, shall the credit exceed the amount of the applicable impact fee. P22 B. When additional residential bedrooms floor area, hotel bedrooms floor area or net leasable space are proposed after the demolition of a dwelling unit, lodge unit, or net leasable space, either individually or in combination, a credit for the existing floor area or net leasable space shall be credited towards the replacement development. A credit may only be allocated towards the development on an individual lot and cannot be assigned towards development on a separate lot. C. Any application for credit must be submitted on forms provided by the City before development project approval. The application shall contain a declaration under oath of those facts which qualify the property owner for the credit, accompanied by the relevant documentary evidence. (Ord. No. 33, 2006, §1)* 26.610.090. Current impact fees. The following impact fees are the result of the "City of Aspen Impact Fee Study and Update of School Lands Dedication" study, which was sponsored by the City of Aspen and completed by BBC Research and Consulting on August 7, 2006. This study is available at the Community Development Department. On August _, 2011, the Impact Fees were amended by the City of Aspen in order to make floor area the calculation variable instead of bedrooms. Impact fees are hereby established as follows: Table 610.1, Impact Fee Schedule Parks Development Fee Residential and Hotel (per sq. ft. floor area) $5.54 Nonresidential (per net leasable sq. ft.) 4.10 TDM/Air Quality Fee Residential and Hotel (per sq. ft. floor area) $0.61 Nonresidential (per net leasable sq. ft.) 0.46 Notes: - An Accessory Dwelling Unit or Carriage House, as defined by and meeting the requirements of this Title, shall be calculated as additional floor area of a single - family or duplex dwelling. - The calculation for hotel units shall include only the floor area associated with the individual lodging units. The payment of Parks Development and TDM/Air Quality fees shall not include non -unit space. (Ord. No. 33, 2006, §1)* 26.610.100. Waiver of fees. Whenever the City Council determines that any part of a proposed development constitutes an affordable housing development or an essential public facility, as defined by this Title, and wishes to 4 • P 23 subsidize the construction, the City Council may exempt that part of the development from the application of the impact fees or may reduce by any amount the fees imposed by this Chapter. As an economic development incentive, a lodging development may apply for a waiver of the impact fees. An application for a waiver must be made and acted upon by the City Council prior to the submission of a building permit application. Retroactive waivers are not permitted. (Ord. No. 33, 2006, §1) Sec. 26.610.110. Appeals. Prior to issuance of a building permit, the applicant may challenge the imposition of a fee imposed pursuant to this Chapter by filing with the Community Development Director a written notice of appeal as provided in Section 26.316.030, Appeals procedures, with a full statement of the grounds and an appeal fee as may be fixed from time to time by ordinance by the City Council. The City may continue processing the building permit application. If the building permit is available for issuance by the City and the appeal has not been heard, the building permit may be issued if a bond or other security in an amount equal to the challenged/unpaid portion of the impact fee /charge is provided to the City. The appeal shall be heard by the City Council. (Ord. No. 33, 2006, §1) Chapter 26.620 SCHOOL LAND DEDICATION Sections: 26.620.010 Purpose and intent 26.620.020 Applicability 26.620.030 Exemptions 26.620.040 Definitions 26.620.050 Imposition, calculation and collection of dedications 26.620.060 Procedures for land dedication and/or cash payment 26.620.070 Current land dedication and cash -in -lieu fees 26.620.080 Appeals 26.620.010. Purpose and intent. The Aspen School District requires land for necessary school functions which may include, but are not limited to, school buildings, support facilities, open space and recreation areas and housing for employees and their immediate families. The purpose of this provision is to ensure that, as development occurs and enrollment in the schools grows, the current level of service provided to students can be maintained. This is accomplished by the adoption of standards for new development to provide land, or cash in lieu thereof, to the City, for use by the Aspen School District. The standards are based on the number of students the development generates and the current level of service standard within the Aspen School District for land area provided per student. (Ord. No. 33, 2006, §2) P24 26.620.020. Applicability. Unless expressly exempted, the school land dedication standard shall be assessed upon all development within the City which contains residential its dwelling units or additional floor area. The school land dedication standard shall only be assessed on the first 3,475 sq. ft. of floor area per dwelling unit. (Ord. No. 33, 2006, §2)* Sec. 26.620.030. Exemptions. Any development considered nonresidential development, as defined by this Chapter, is exempt from the school land dedication. (Ord. No. 33, 2006, §2) Sec. 26.620.040. Definitions. When used in this Chapter, the following words, terms and phrases, and their derivations, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: A. Building permit means any City permit that increases the number of bedrooms residential floor area and/or changes to of land use. B. Collection means the point at which land or a cash payment in lieu is actually transferred or paid to the City. C. Impose means to determine that a particular development project is subject to the collection of a land dedication as a condition of development approval. D. Land dedication means a land exaction imposed by the City pursuant to this Chapter as a condition of or in connection with approval of a development project for the purpose of defraying all or some of the Aspen School District's cost for capital facilities associated with that development project. E. New development or development project means any project undertaken for the purpose of development, including without limitation, a project involving the issuance of a permit for construction, reconstruction or change of use but not a project involving the issuance of a permit to operate or to remodel, rehabilitate, reconstruct or improve an existing structure, which does not change the n umb er amount of bedreems floor area. F. Nonresidential development project means all development other than residential development. G. Residential development project means any development undertaken to create a new dwelling unit or to add one (1) or more additional floor area to an existing dwelling unit, excluding hotel units. (Ord. No. 33, 2006, §2) 6 • • P25 26.620.050. Imposition, calculation and collection of dedications. A. Imposition. Except as provided in this Chapter and any amendment to this Chapter, the City may impose a school land dedication as a condition of approval of all new development projects. All lands dedicated to the City pursuant to this Section shall be held by the City for the Aspen School District, until such time as they shall be requested by the School District for school purposes. The Aspen School District shall be responsible for maintenance of said lands in a reasonable manner while they are being held by the City. B. Collection. Land dedications shall be finalized and completed prior to building permit application. A cash payment in lieu, however, shall be collected by the Building Department at the time and as a condition for issuance of a building permit. 1. Funds. All funds collected pursuant to this Chapter shall be transferred by the Community Development Director to the Finance Director. All funds so collected shall be properly identified and promptly deposited in a designated account. Funds withdrawn from this fund shall be used exclusively for the purposes specified herein. 2. City shall transfer funds to School District. Funds collected pursuant to this Chapter shall be remitted monthly to the Aspen School District. The Aspen School District shall deposit said funds into an interest - bearing account authorized by law. The Aspen School District shall be the owner of the funds in the account, but the signature of the chief financial officer of the Aspen School District, or his or her designee, and the signature of the Finance Director of the City shall be required for the withdrawal of monies from the account. 3. Administrative Fee. The City shall be entitled to retain two percent (2 %) of the funds collected to compensate it for its administrative expenses of collecting the fees. Said fees shall be deposited in the City's general revenue fund to be expended as the City shall determine in its sole discretion. C. Updated Annually. The land dedication standard imposed may be updated annually and adopted by City Council ordinance. (Ord. No. 33, 2006, §2) 26.620.060. Procedures for land dedication and /or cash payment. standards of this Chapter A. Land Dedication. Lands to be dedicated to the City to fulfill the stand ter p shall be identified on the subdivision plat and shall be dedicated to the City at the time of final plat approval. 1. Acceptance. Acceptance of the lands to be dedicated shall be at the discretion of the City Council. 2. Criteria. Prior to acceptance, the City shall consider the comments of the Aspen School District to determine whether the lands proposed to be dedicated are of adequate size and can be suitably developed for school purposes or whether the lands have the capability of being sold, with the proceeds being used for school purposes. The City shall also consider the probable impacts on neighboring properties of the development of the lands P26 for school purposes. When the lands proposed to be dedicated are not adequate or suitable for school purposes and cannot feasibly be sold, the City shall require a cash payment in lieu of the land dedication. B. Cash -in -lieu payment. Payment of cash in lieu of a land dedication shall be made to the City prior to and on a proportional basis to the issuance of any building permits for the residential dwelling units. (Ord. No. 33, 2006, §2) 26.620.070. Current land dedication and cash -in -lieu fees. A. The following land dedication is the result of the "City of Aspen Impact Fee Study and Update of School Lands Dedication" study, which was sponsored by the City and completed by BBC Research and Consulting on August 7, 2006. This study is available at the Community Development Department. The land dedication was amended on August _, 2011 to implement a change that began using floor area as a basis of calculation instead of bedrooms. The current land area required per student equals 896 square feet. Table 620.1 provides the student generation rates as follows: Table 620.1, Student Generation Rates Floor area (sq. ft.) Student Generation Rate First 1,200 .00008 per sq. ft. 1,201 — 3,425 .00016 per sq. ft. Above 3,425 0 Notes: - The calculation of the School Land Dedication shall be access per dwelling unit. For example, duplex dwelling units do not combine their floor area for one calculation. - An Accessory Dwelling Unit or Carriage House, as defined by and meeting the requirements of this Title, shall be calculated as additional floor area of the single - family or duplex dwelling it is associated with. - When redevelopment of a property adds floor area, the difference between the generation rates of the existing floor area and the proposed floor area shall be the number of students generated. - When a scrape- and - replace project is proposed, the redevelopment shall be credited the floor area from the demolished residential dwelling unit. Credit from a demolished dwelling unit cannot be allocated to more than one replacement dwelling unit or to development on a different lot. - For a general example, a 950 square foot residential unit would be required to mitigate for 68 square feet of land (950 *.00008) *896. Also see Figure 620.1. 8 P27 Figure 620.1, School Land Dedication Calculation Land Area per Student Standard (square feet) multiplied by Total Students Generated (Provided in Table 620.1, Student Generation Rates) equals Total Square Feet to be Dedicated B. Cash payment in lieu. An applicant may make a cash payment in lieu of dedicating land to the City, or may make a cash payment in combination with a land dedication, to comply with the standards of this Chapter. Because of the extraordinary cost of land within the City, the School District and the City agreed to require payment of a cash -in -lieu amount which is less than the full market value of the land area. The formula to determine the amount of cash -in -lieu payment for each residential dwelling unit is as follows: Figure 620.2, Cash -in -Lieu Formula Total Square Feet to be Dedicated multiplied by Appraised Per - Square - Foot Value of Land Being Developed multiplied by Percentage of Fee to be Charged (0.33) equals Cash -in -Lieu Payment 1 1 1 1 r • P28 Figure 620.3, Cash Payment in Lieu Example The following example provides a development scenario to display how the fee is calculated. The scenario includes a new 3200 sq. ft. (floor area) single - family residential home on a 6,000 sq. ft. lot with an actual lot value of $2,400,000. This lot value would mean a per sq. ft. lot value of $400. Floor Area Students Generated 3,200 (first 1,200 sq. ft. x .00008) .096 (remaining 2,000 sq. ft. x .00016) .32 Total Student Generation Rate .416 Land Dedication Calculation Land Area per Student Standard (sq. ft.) 896 multiplied by Total Students Generated (from above calculation) .416 equals Total Square Feet to be Dedicated 372.74 When calculating a cash payment in lieu of a land dedication (assuming a total land value of $2,400,000 for a 6,000- square -foot lot containing the single dwelling unit), the following calculation would be used to determine the cash payment in lieu: Market Value of Land per sq. ft. $400 per sq. ft. multiplied by Total Square Feet to be Dedicated 372.74 multiplied by Percentage of Fee to be Charged 0.33 equals Cash Payment in Lieu $49,201.68 1. Current market value. Current market value means the value of the land at the time of the cash -in -lieu payment, including site improvements such as streets and utilities, but excluding the value of residential dwelling units and other structures on the property. 10 P29 2. Substantiation. Market value may be substantiated by a documented purchase price (if an arms - length transaction no more than two [2] years old) or other mutually agreed -upon recognized means. 3. Appraisal. In the event the developer . and the City fail to agree on market value, such value shall be established by a qualified real estate appraiser acceptable to both parties. The developer shall pay for the appraisal. C. Mixed use developments. When thc proposed development contains a mix of residential, commercial or other uses, the required dedication shall : - : - - - - - proposed residential units. The estimated land value for thc residential units will be calculated on a proportionate share of residential net livable ar a of thc project compared to thc total net if a new building proposes a mix of uses and the not livable area or net leasable arcas arc as e !,tee .. - -- '. .e. proportion of land associated with the residential component is 20.6% of the total land arca. Properties containing mixed use development shall only pay the School Land Dedication fee -in- lieu for the floor area associated with the residential component of the development. Non -unit space shall not contribute to the payment of School Land Dedication. 26.620.080. Appeals. A. Prior to issuance of a building permit, the applicant may challenge the imposition of a land dedication imposed pursuant to this Chapter by filing with the Community Development Director a written notice of appeal as provided in Section 26.316.030, Appeals procedures, with a full statement of the grounds and an appeal fee as may be fixed from time to time by ordinance by the City Council. The City may continue processing the building permit application. If the building permit is available for issuance by the City and the appeal has not been heard, the building permit may be issued if a bond or other security in an amount equal to the challenged/unpaid portion of the land dedication is provided to the City. The appeal shall be heard by the City Council. (Ord. No. 33, 2006, §2) P3 0X .. )1 1 4-1 (3 1 I 8/11/2011 Code Amendments Impact Fees and School Land Dedication Planning and Zoning Commission August 4th, 2011 Introduction • These examples will all use the same development scenario: — Single Family Residence — 3,200 square feet of floor area — 6,000 square foot lot — Lot value of $2,500,000 — Per square foot lot value of $400.00 2 Proposed Fee Schedule fee Type Fee Amman Iper sq. ft. Fee Amount (per sq. tt. res. floor wren) net leasntileJ Perks Development $5.45 54.10 TDM/Alr Quality Fee $0.61 j$.046 1snd6}7eftatiat _ AoorArea ... Student Generation First 1,200 sq. ft. of dwelling unit 0.00008 1,201 -3,425 sq. ft. 0.00016 Over 3,425 0 1 8/1l/2O� i 1 Parks Development and TDM /Air Quality Fees • Fee is calculated based on floor area with no cap. • Example: A 3,200 sq. ft. (floor area) home would result in the following calculation: — Parks Dev.: (3,200 x $5.45) = $17,440 — TDM/Air Quality: (3,200 x $0.61) = $1,952 • Total Impact Fees: $19,392 School Land Dedication • Fee is derived from a floor area /student generation conversion with a cap at .452 students. • 3,200 sq. ft. home would generate 0.416 students — First 1,200 equals .096 students (1,200 x .00008) — Remaining2,000 sq. ft. equals .32 students (2,000 x .00016) School Land Dedication • The Code explains that 1 student requires 896 square feet of land. • 0.416 student generation equals a requirement of 372 sq. ft. land dedication. — (896 x 0.416) = 372 sq. ft. 2 P32 8/11 /2011 School Land Dedication • The land dedication amount must be multiplied by the per sq. ft. value of the lot (5400). o 372 o x 5400 o = $148,800 • The Code explains that only 33% of the fee should be imposed — $49,104 is the resulting School Land Dedication Fee. • Total fee for this project: — $68,496 • School Land Dedication- 72 %($49,104) • Parks Development- 25 %($17,440) • TDM /Air Quality - 3% (51,952) • Old Program (4 Bedrooms) — $73,166 • School Land —74% ($53,458) • Parks Development— 24% ($17,716) • TDM /Air Quality -3% ($1,992) • • Total fee for this project (3,400 sq. ft. home): — $73,604 • School Land Dedication - 553,000 • Parks Development- $18,530 • TDM /Air Quality - $2,074 • Old Program (4 Bedrooms) — $73,166 • School Land— $53,458 • Parks Development— $17,716 • TDM /Air Quality-51,992 3 8/11/2153 Fee Credits • Scrape -and Replace Development — Credit issued for redevelopment — For example: A 3,000 sq. ft. demolished dwelling unit would provide 3,000 sq. ft. of credit to the replacement dwelling unit. — This would be .384 Student Generation Credit — Prevents double- dipping of the fees 4