HomeMy WebLinkAboutExhibit T_Public CommentPhelan
Alexander Biel <alex@alexbiel.com>
Monday, September 12, 2016 2:07 AM
Jennifer Phelan
Cc: Jessica Garrow; Cindy Klob
'Subject: A Letter Concerning Gorsuch Haus's Response to your Comments
i
Dear Jessica, Dear Jennifer,
(There follows an email that I have sent today to the editors of both the Times and the Daily News.
(Thank you both for representing the public interest in reviewing the GH application!
Sincerely,
Alex Biel
Dear Ms. Klob, would you kindly distribute my email to the P&Z commisioners. Thanks in advance!
.Alex Biel
I
'Put Gorsuch Haus on a Shorter Leash
ft has been enormously encouraging to see that Aspen's Community Development Department has made it clear
that the initial application by the Gorsuch Hans folks is unacceptable as presented. In particular, the mass and
height were identified by Com Dev staff as areas of concern.
However, developers being, well, developers, Gorsuch partner Bryan Peterson's response as published in both
Aspen papers last week was pretty underwhelming.
;Does Peterson really believe that making their oversized hotel 7 percent smaller properly address the issue of
mass? Let's get real; seven percent is a bad joke!
And what about the outrageous height of just under 50 feet for which the developers plead? Remember, these
guys are trying to build their monument to themselves right smack dab in the middle of Aspen's ski run!
Currently, the height limit is half that -- 25' -- for the current zoning ("Conservation"). Even if the land were re-
izoned to "Lodging", the limit would only rise to 28'.
Putting a 50 foot building on flat land would be egregious in itself; but to stick it high up on a hillside is an
insult to our sensibilities.
I think the comments of Com Dev were thoughtful and well reasoned and deserve serious consideration rather
than'token' responses.
But here's the point: the ludicrous 'reach -for -the -sky' approach of these developers ought to be a very good
reason to absolutely NOT give them the 'license to deface the mountain' that they would enjoy if they somehow
won the right to having the land zoned SKI!
Jennifer Phelan
From:
Clark Smyth <clarksmyth@comcast.net>
Sent:
Wednesday, September 14, 2016 4:03 PM
To:
Jennifer Phelan
Cc:
Jessica Garrow; Cindy Klob
Subject:
A letter about Grouch Haus rezoning
>> SKI BASE AREA ZONING IS INAPPROPRIATE FOR GORSUCH HAUS
>> The zoning that Gorsuch Haus is asking for amounts to "spot zoning" since it would be the only property in the Lift
One neighborhood allowed such great density.
>> Also, the developers have compared their project to other base areas such as Little Nell, Aspen Highlands or Tieback.
>> Wasn't the purpose of the zoning for those areas to:
>> 1. Have easy public lift access?
>> 2. Have a plaza area that welcomes all skiers?
>> 3. Have the surrounding lodging and commercial properties not protrude by locating them to the side and below
and not located in THE MIDDLE OF THE SKI SLOPE?
>> 4. Have parking and/or mass transit easily accessible that is not a privately owned trolley?
>> 5. Have the base area where you do not have to walk or drive up partially on a 10% grade?
>> At the Little Nell base the buildings do not protrude fifty feet above the slope, but are built into the side of the hill.
Even the Aspen Alps which expanded up the hill is only two stories and does not obstruct the ski slope.
>> At Highlands, from the top of the escalator you have a view of the slopes and lift with the Ritz -Carleton off to the
side.
>> Ski area zoning should be about "arriving". The Gorsuch Haus proposal with the new relocated lift fail on every
i consideration of what the other base areas provide.
>> I recommend that the Planning and Zoning Board reject the present modified proposal.
>> Clark Smyth
I »
I'» Boulder, CO
ee .Fellenbau ,,,-
Lums PECK
tucas@rfvlawcom
September 14, 2016
By U.S. Mail
Ms. Jennifer Phelan
Planning Deputy Director
City of Aspen
Jennifer pbelarr@ eztyo fa pen. com
Re: Gorsuch Haus/South Aspen Street ROW
Dear Ms. Phelan:
We represent Shadow Mountain Townhomes Association (SMTA) and in connection therewith
we would like to share some concerns over the Gorsuch Hans developer's proposal to vacate
the South Aspen Street right of way (ROW) adjacent to the Shadow Mountain Townhomes'
property. This letter is limited to the ROW vacation and is not intended to replace earlier
comments on the application as a whole nor limit future comments.
Also, in order to meet today's deadline for submitting comments before the next Staff Report, I
have assumed basic knowledge about the ROW and specifically the fact that Shadow Mountain
enjoys a revocable license (see attached) for certain improvements have existed within the ROW
for a considerable time.
The Gorsuch Haus developers propose vacating just half of the ROW, which carries with it the
troubling implication that the ROW will still exist. In reality, it means that the Gorsuch Haus
development will benefit from significant additional real estate while the burden of the ROW
will be compressed and exaggerated onto the half adjacent to the Shadow Mountain property,
putting Shadow Mountain's existing improvements at greater risk of being removed in favor of
an improved ROW. Similarly, if the ROW is necessary but half is vacated, the vacation
magnifies any value of the remaining ROW and ensures Shadow Mountain will never enjoy the
same benefits of obtaining the land adjacent to the Shadow Mountain property. This is not fair.
If the ROW is not necessary, Shadow Mountain believes that the entire ROW should be vacated,
with half of the ROW going to each the Gorsuch Haus property and the Shadow Mountain
property.
If some amount of ROW must be preserved but a partial vacation is being considered, Shadow
Mountain believes the only fair option is to vacate equal shares of the vacated portion of the
MICHAEL FEIGENBAUM LUCAS PECK HEATHER MANOLAKAS, Of Cbaasel PETER P. DEI.ANY, Paralegal
MM"ND MAIL.
132 Midland Avenue, Suite 4, Basalt Colorado 81621
Tet 970.925.5196 I Fax 970.925.4,559 1 m wrfilaw.com
v
V
ROW (be that more or less than half of the existing ROW) along each side of the ROW so that
Gorsuch Haus and Shadow Mountain are equal beneficiaries of the vacation.
We appreciate the City's consideration of SMTA's concerns. We are happy to provide
additional information and detail at a later date, but wanted to go on record before the next Staff
Report so that SMTA's interests are made known.
Sincerely,
Lucas Peck I Peck. Feigenbaumpc
By
Encl.
Cc: I{aren Hartman
Page 12
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EAS, Licensee Is the owner of the following described properties located in the City of Aspen, Pitkin County, Colorado
Address: &0 e6V-FR ASTei`. tea' V—r--F fr -
Licensee, desires to encroach upon said right-of-way for the following purposes and as shown and described In
attached to this License. Describe Exhibit "A'':
WHEREAS, Section 21.04,060 of City of Aspen Municipal Cade delegates the authority to the City Engineer to grant encroachment licenses,
WHEREAS, ASPEN agrees to the grant of a private license of encroachment as Wilt subject to certain conditions,
THEREFORE, the consideration of the mutual agreement hereinafter contained, F > ve nt asd agreeasfol ows:
A revocable license Is hereby granted to Licensee to occupy, maintain and uh .I p io f c t -v for the
purposes described. '
This license is granted for a specific use and within a specified term as checked abo a subAdul bet term natedat any time and for any
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obtain right-of-way and Building Permits as required by the CItY for any work to he.p th rig -0 -way wi esign approvals
for such work obtained from the Engineering DeparlmomL. Licensee agrees to jol0 any imiirove rK district formed for the purpose of
constructing improvements within public right-of-way.
Unless the property that is the subject of this license agreement is covered by a homeowner's, insurance policy, Licensee shall at all times
during the ten, hereof, carry public liability insurance for the benefit of the City with limits of not few than those specified by Section
24-10-1" C.R.S., (currently $150,000 per parson and $600,000 per commerce) as may be amended from time to time, naming the City as
Additional Insured".
Licensee shall maintain said public liability Insurance coverage to full force and effect during the ten of this License and shall furnish the City
With a most current certlricate of such coverage evidencing its validity. All insurance policies maintained pursuant to this agreement shall contain
the following endorsement "it Is herebyundersrood and agreed that f ds Insurance policy may not be canceled by fie surety until thirly
(30) days aRerrecelpthy the City, byregisteredmall, ota written notice ofsuch Intention to cancel ornotfo renew." The Licensee shall
show proof of this insurance to the City before this agreement is filed.
Licensee agrees to indemnify and hold harmless the City of Aspen. Its officers, employees, insurers, and self -Insurance, from and against all
liability, claims, and demands, on account of Injury, loss, or damage, including without limitation claims arising from bodily Injury, death,
property loss or damages, or any other loss of any kind whatemovor, which arise out oforare In any manner connected with this license, if
such injury, loss, or damage is caused in whole or In part by, or is claimed to be caused in whole or part by the act, omission, error,
professional error, mistake, negligence, or other fault of licensee. Licensee agrees to Investigate, handle, respond to, and to provide defense
for and defend against, any such liability, claim or demands at the sole expense of the licensee or, at the option of the Cfly of Aspen, licensee
agrees to pay City of Aspen or reimburse City of Aspen for the defense costs Incurred by the Ctly of Aspen in connection Wth, any such
liability, claims, or demands. The licensee also agrees to bear all other costs and expenses related thereto„including court costs and
attorney fees, whether or not any such liability, claims, or demands alleged are groundless, false or fraudulent.
of Aspen- Engineering Department, 130 South Galena Street, Aspen Colorado 81611 00710920-5080 REVISER0?113 ?006
This license maybe terminated by Licensee at any time and for any reason following delivery of a wriften notice of Licensee's Intent to cancel.',
ASPEN may terminate this license at anytime and for any reason. Upon tennipation, Un.onseeshall at Licensee's expense, remove any
improvements or encroachments fmm said property, The properly shall be restored to a condition satisfactory to ASPEN.
This license Is subject to all slate laws, the provisions of the Chader of the City ofAspen as It now exists or may hereafter be amended, and the
ordinances of the City of Aspen now in effect or those which may hereafter is adopted.
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Nothing herein shall be construed so As to prevent Aspen from granting such additional licenses or property Interests in or affecting said
public properly as it deems necessary.
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encroaching In public right of way, and binding upon Licensee. The encroachment shall terminate when the Improvement has failed or dut of
compliance with required standards of performance or if it Is revoked by the City, whichever comes sooner.
M any legal action to enforce the provisions of thle Agreement, the prevailing party shall be entitled to Its reasonable attorneys fees.
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public right-of-way is for the general public benept, and it is not for occupation or construction of encroachments.
The licensee waives any and all claims against the City of Aspen for loss or damage to the Improvements constructed within the
encroachment area.
The Licensee clearly understands the following actions of Licensee or his/her agents and employees shall aulomnifoally terminate and
cancel this agreement,
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conditions immediately and In accordance with the latest Engineering Department standards for improvements of Public
rfght.of way,
IN TNES5 HHEn OFF, the parties executed INS agreement at ASPEN the day and year first written.
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ennifer Phelan
Kathy Strickland
Thursday, September 15, 2016 1:35 PM
Jennifer Phelan; Cindy Klob
FW: Lift 1A - Tues -P & Z --4:30 pm - Sept. 20th
(From: Toni Kronberg [mailto:toni.waterbabies@gmail.com]
;Sent: Thursday, September 15, 2016 1:24 PM
To: Lauren Glendenning <Ilendenning@aspentimes.com>
4c: Kathy Strickland<kathy.strickland@cityofaspen.com>
;Subject: Lift 1A - Tues -P & Z --4:30 pm - Sept. 20th
'Dear Editor,
'iVili- What to do about the City of Aspen's South Aspen Street?
;The uphill steep climb is great for the ultra -athletes getting in their mountaineering loops but for the many
'thousand's of trips made by mere mortals either walking or driving South Aspen Street in the winter the street
its just one long steep slippery bumper car ride.
Something needs to be done to prevent the inevitable freight truck or car losing control while delivering
,,supplies to either World Cup Finals or trying to get to Aspen Skiing Company's Lift 1A, Shadow Mountain,
'Skier Chalet housing, Michael Brown's future Lodge, Aspen Street's Town homes under construction, Juan
Street residents, and, Gorsuch's pending application.
As part of Michael Brown's Lodge approval, a Platter Lift has been approved to be tightly squeezed in between
,his buildings landing on the Southern border of his Property; but, with no viable connection to the new
proposed Lift IA, it's basically "A Platter Lift to Nowhere". Mr. Brown's development approval also
lincludes ONE Dump Truck filled with sand to sprinkle on South Aspen Street.
On Tuesday, at 4:30 pm, Sept. 20th, P & Z is going to review the Gorsuch application. Since there is no viable
access from either Dean or Gilbert Streets up to Lift IA, the application is proposing a rubber -tired solution up
South Aspen Street BUT Gorsuch has opened up their Property to allow bringing Lift IA further down the
Mountain - but - it requires the cooperation of Michael Brown's development.
Perhaps - South Aspen Street should be snow melted or a Lift or some uphill mechanical system could start at
Dean Street and run up South Aspen Street to Lift 1A if Michael Brown's Project can not be connected directly
,to Lift 1A.
Best Regards -
Toni Kronberg
I(970) 379-1519