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RESOLUTION
RESOLUTION NO 13
Janice K. Vos Caudill, Pitkin County, CO
(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. 13, Series 2011.
Page 1 of 37
• 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— LW 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. 13, Series 2011.
Page 2 of 37
• 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. 13, Series 2011.
Page 3 of 37
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 four to three (4 -3) 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. 13, Series 2011.
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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 1A 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. 13, Series 2011.
Page 5 of 37
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 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.
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.
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Reso No. 13, Series 2011.
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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. 13, Series 2011.
Page 7 of 37
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. 13, Series 2011.
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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
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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 1A 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. 13, Series 2011.
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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
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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. 13, Series 2011.
Page 12 of 37
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. 13, Series 2011.
Page 13 of 37
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. 13, Series 2011.
Page 14 of 37
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. 13, Series 2011.
Page 15 of 37
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. 13, Series 2011.
Page 16 of 37
............... ...
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. 13, Series 2011.
Page 17 of 37
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. 13, Series 2011.
Page 18 of 37
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. 13, Series 2011.
Page 19 of 37
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. 13, Series 2011.
Page 20 of 37
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 a planned surface lift connecting Willoughby Park and
Lift 1A, as presented in the application. 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
Planning and Zoning Commission
Reso No. 13, Series 2011.
Page 21 of 37
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
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 apras 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
Planning and Zoning Commission
Reso No. 13, Series 2011.
Page 22 of 37
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
Lift IA or a relocated Lift lA 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
structure originally proposed on the top floor of ■ _
the east building will be removed, as shown in
the adjacent diagram. The Applicant N f 1
represented that the east wing will not protrude °s
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
Planning and Zoning Commission
Reso No. 13, Series 2011.
Page 23 of 37
deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
FINALLY, adopted, passed and approved this 23` day of August, 2011.
Attest: Planning and Zoning Commission:
Jac e 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. 13, Series 2011.
Page 24 of 37
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. 13, Series 2011.
Page 25 of 37
• 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.
Planning and Zoning Commission
Reso No. 13, Series 2011.
Page 26 of 37
Exhibit B
Proposed Subdivision Map
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a -oft One Lodge Subdivision / PUD
ii 111,r.W1117'.NPE+ Ll . . - FINAL PUD APPLICATION: Propmed Ldtngand loaning P O M
Planning and Zoning Commission
Reso No. 13, Series 2011
Page 27 of 37
Exhibit C
Proposed Street Vacation/Dedication Map
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.- _ O - FINAL PUDAPPLIGi1ON: Propose a
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Planning and Zoning Commission
Reso No. 13, Series 2011.
Page 28 of 37
Exhibit D
Illustrative Plan
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Planning and Zoning Commission
Reso No. 13, Series 2011.
Page 29 of 37
Exhibit E
Approved Architecture
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View of Lodge from southwest
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Architectural Floor plan of lodge unit and lock -offs
Planning and Zoning Commission
Reso No. 13, Series 2011.
Page 30 of 37
Exhibit F
Approved Dimensions
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Lift 1 Lodge,iset
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.
East Wing: 1 ft. 5
Minimum Front Yard Setback 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.
East Wing: 12 ft. 5
Minimum Rear Yard Setback West Wing: 1 ft.
Per height plan as represented Sloped Roofs: 38 Ft.
Maximum Height
in Exhibit G Flat Roofs: 42 Ft.
Planning and Zoning Commission
Reso No 13, Series 2011.
Page 31 of 37
-' ?". t r ,° �S 't 4 A r v . "�,'£. ski* r S i
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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 13, Series 2011.
Page 32 of 37
, G , 1 f r i "'t i. n'� "f° 4 v . n. `J x 3 t
9i 41::17 4,yAC ^3 r� V i i 1 •+ i� � 1
Minimum Front Yard Setback 5 ft. Established via PUD
North Side Yazd: 10 ft. Established via PUD
Minimum Side Yard Setback 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
East Side Yard: 20 ft. Established via PUD
Minimum Side Yard Setback West Side Yard: 125 ft.
25 ft. Established via PUD
Minimum Rear Yard Setback
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. 13, Series 2011.
Page 33 of 37
1 » J & x a ' • 4
l ST
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. 13, Series 2011.
Page 34 of 37
Exhibit G
Height Representations
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,-.._-. _ ________ _ - .._ ---- - --- ---./
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42'
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East Side of East Wing
42'
48' - --
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•� -.- 4� r► . _ S j B CD ti �«���� Y _
i4v
West Side of West Wing
Planning and Zoning Commission
. Reso No. 13, Series 2011.
Page 35 of 37
51.50 ft
, — 49.50 ft
_
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1 iffy --'- 44.20 ft
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_______ __ 34.50
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Heights: East Wing
1
42.00 ft —
/— 53.40 ft - 46.90 ft \
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43.90 ft ,
I 1 — 37.00 ft .
- . ' ..° ° ''` ." 4--- • . "'::V- .". 4 —
'$,-"--- ■ I ".-222 - .20 ft
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— 47 75 ft ..4.:- ----,4-4.--v-4. --.--", . jia! i - al
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Heights: West Wing
Planning and Zoning Commission
Reso No. 13, Series 2011.
Page 36 of 37
-
Chimney hoof i i
L -741 L. i
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A' _...�.......... 41.
Elevator Shaft_
(� Exit 5tai rwa }
Chi inney'
..' 1 Roof
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Portions of East Wing above 54' feet
Planning and Zoning Commission
Reso No. 13, Series 2011.
Page 37 of 37