HomeMy WebLinkAboutordinance.council.005-07
ORDINANCE N0. 5
(SERIES OF 2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
APPROVING A FINAL PLANNED UNIT DEVELOPMENT, GMQS APPROVAL
FOR AMULTI-YEAR ALLOTMENT AND AFFORDABLE HOUSING OUTSIDE
THE CITY LIMITS, FINAL TIMESHARE, SUBDIVISION, AND
CONDOMINIUMIZATION FOR "THE LODGE AT ASPEN MOUNTAIN"
DEVELOPMENT, LEGALLY DESCRIBED AS BLOCK 6 EAMES ADDITION
AND LOTS 7-20, BLOCK 11 OF THE EAMES ADDITION AND A SMALL METES
AND BOUNDS TRIANGULARLY SHAPED LOT, CITY OF ASPEN, PITKIN
COUNTY,COLORADO.
Parcel ID:
2735-131-23-001 (Mine Dump Apartments)
2735-131-13-001 (Parcel with the Single-Family Residence)
WHEREAS, the Community Development Department received an application
from the Aspen Land Fund II, LLC, represented by Sunny Vann of Vann Associates,
requesting approval of the Lodge at Aspen Mountain Final Planned Unit Development,
Final Timeshare, Subdivision, Growth Management Reviews, Conditional Use, 8040
Greenline Review, and Condominiumization to construct a lodge containing seventy-
three (73) hotel rooms, twenty-five (25) fractional lodge units, twenty (20) on-site
affordable housing units, 18,500 net leasable square feet of commercial space, and
accessory facilities; and,
WHEREAS, City Council granted Conceptual PUD and Conceptual Timeshaze
approval pursuant to City Council Resolution 69, Series of 2005 on November 28, 2005;
and,
WHEREAS, the parcels subject to the application consist of a total of 104,518
squaze feet and is zoned Lodge with Planned Unit Development Overlay (L/PUD); and,
WHEREAS, the Community Development Department solicited and received
referral comments from the Aspen Consolidated Sanitation District, City Engineering,
Building Department, Fire, Streets, Housing, Environmental Health, Parks and Water
Departments as a result of the Development Review Committee meeting; and,
WHEREAS, the City of Aspen / Pitkin County Housing Board forwazded a
unanimous recommendation of approval to City Council to approve the proposed
affordable housing mitigation and replacement units for the project at their meeting held
on November 15, 2006; and,
WHEREAS, during duly noticed public hearings that were opened on December
5, 2006, and continued to January 16 and then to February 6, 2007, the Planning and
Zoning Commission approved Resolution No. 03, Series of 2007, by a four to zero (4-0)
vote, recommending that City Council approve with conditions, the Lodge at Aspen
Ordinance No. 5, 2007 Page 1
The Lodge At Aspen Mountain
Mountain Final PUD, Final Timeshaze, Subdivision, Condominiumization, and Multi-
Yeaz & Affordable Housing Outside the City Limits Growth Management Reviews, and
approved the remaining Growth Management Reviews, Conditional Use, and 8040
Greenline, in order to allow the construction of a lodge consisting of seventy-three (73)
hotel rooms, twenty-five (25) fractional lodge units, twenty (20) on-site affordable
housing units, 18,500 net leasable square feet of commercial space, and accessory
facilities; and,
WHEREAS, The Council finds that the applicable development review standazds
are met by the proposal, provided that the conditions established herein are complied
with.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO THAT:
The City Council hereby approves The Lodge at Aspen Mountain Final Planned Unit
Development, Final Timeshare, Subdivision, Growth Management Review for
Affordable Housing Outside the City Limits, Growth Management Review for 18,500 net
leasable commercial squaze feet including 4,995 square feet of Multi-Year Allotments,
and Condominiumization to construct a lodge containing seventy-three (73) hotel rooms,
twenty-five (25) fractional lodge units, twenty (20) on-site affordable housing units,
18,500 net leasable squaze feet of commercial space, and accessory facilities including
224 parking spaces, with the conditions contained herein.
Section 1: Subdivision Plat. PUD Plans and Agreements
The Applicants shall record a Subdivision Plat and Subdivision Agreement that meets the
requirements of Land Use Code Section 26.480 within 180 days of approval.
Additionally, a Final PUD Plan shall be recorded in the Pitkin County Clerk and
Recorder's Office within 180 days of the final approval and shall include the following:
a. A final subdivision plat meeting the requirements of the City Engineer and
showing easements, encroachment agreements, and licenses with the
reception numbers for physical improvements and location of utility
pedestals.
b. An illustrative site plan of the project showing the proposed improvements,
landscaping, parking, and the dimensional requirements as approved.
c. A drawing representing the project's architectural character.
d. A final grading and drainage plan.
e. A final utility and public infrastructure plan.
Section 2: Building Permit Application
The building permit application shall include the following:
a. A copy of the final recorded City Council Ordinance and P&Z Resolution.
b. The conditions of approval printed on the cover page of the building permit
set.
c. A completed tap permit for service with the Aspen Consolidated Sanitation
District.
Ordinance No. 5, 2007 Page 2
The Lodge At Aspen Mountain
d. Evidence that a tree removal permit has been attained pursuant to the
requirements of the City Pazks Department (and Section 12, below). The
tree removal permit shall be accompanied by a detailed landscape plan
indicating which trees aze to be removed and new plantings proposed on the
site.
e. A drainage plan including an erosion control plan and snow storage runoff
plan prepared by a Colorado licensed Civil Engineer which maintains
sediment and debris on site during and after construction. If a ground
recharge system is required a soil percolation report will be required to
correctly size the facility. A 5-year storm frequency should be used in
designing any drainage improvements.
f A final construction management plan pursuant to the requirements
described in Section 4 of this ordinance.
g. An excavation/stabilizationplan prepared by a licensed Engineer.
Section 3: Dimensional Requirements
The following table outlines the annroved dimensions of this PUD:
Minimum Lot Size 104,518 Sq. Ft. (total of both
arcels and vacated areas)
Minimum Lot Area/ Dwelling Multi-Family- 1 bedroom per
1,000 squaze feet of lot area.
Lod e- No Re uirement
Front Yazd Setback* Parcel 1- 2.8
Pazcel 2- 0.6
Side Yard Setback* Parcel 1-East Side Yard-7.4
West Side Yard - 8' to edge of
pool deck (excluding Juan St.
curve). 106.2' to primary fapade
of building.
Parcel 2- North Side Yard- 0.5'
South Side Yazd- 8 .0
Rear Yard Setback* Parcel 1 - 13.6'
Parcel 2 - 1.0'
Allowable Building Height 53'9" at maximum ridge height,
in accordance with the Height
Plan of the recorded PUD Plans
Re uired Open S ace 16.2% (15,991 squaze feet)
Allowable FAR 1.45:1 151,000 s uaze feet
Off-Street Parking 224 Parking Spaces
* Setbacks noted in this table are the minimum approved. The Final PUD plans
shall depict and show measurements of all the primary face walls of the structures for
front, rear and side yard setbacks.
Ordinance No. 5, 2007 Page 3
The Lodge At Aspen Mountain
Section 4: Construction Management Plan
The Lodge at Aspen Mountain Construction Management Plan (CMP), dated February 6,
2007, and prepazed by Swinerton Builders shall be included as part of this approval and
shall be implemented by the applicants and carried out throughout the project. Prior to
issuance of a building permit, the CMP shall be reviewed by the City's Construction
Management Officer and the City Engineer for completeness and applicability and found
to be acceptable to attain the City's construction management goals. The CMP shall be
amended to include provisions for increasing the level of road maintenance (provided by
the developer) during winter construction time. Such provisions and minor amendments
to the CMP as found necessary shall be approved by the City Engineer.
As part of the CMP, the developer shall agree to require all dump trucks hauling to and
from the site to cover their loads and meet the emission requirements of the Colorado
Smoking Vehicle Law. Any regulations regarding construction management that may be
adopted by the City of Aspen prior to application for a building permit for this project
shall be applicable.
A temporary encroachment license is required for use of the City right of way for
construction purposes. The Applicant shall not be allowed to close South Aspen Street
during construction except for reconstruction of the street. Street closure of South Aspen
Street concurrent with significant public events like World Cup shall be avoided to the
greatest extent possible.
The Applicant shall provide phone contact information of the on-site project management
to neighboring properties (Lift One Condominiums, the Timber Ridge Condominiums,
the Shadow Mountain Condominiums, and the South Point Condominiums) and post
such information on a sign at the construction site in full public view so that concerns
about the development may be made directly to the construction management personnel.
Section 5: Pre-Submittal Meeting
The Applicant shall arrange with the Community Development case planner to conduct a
pre-submission meeting with the City Community Development Staff prior to submittal
of a building permit application. This meeting shall include the applicant, the general
contractor, the azchitect of the construction drawings, the project planner, Community
Development Engineer, a representative of the City Building Department, City
Construction Management Officer, and the Community Development Department's case
planner.
Section 6: Fire Access and Mitigation
The bridge over Juan Street shall be at least sixteen and a half feet above Juan Street to
allow for the passage of emergency vehicles under the structure. The Applicant shall
install a fire sprinkler system and alarm system within the entire building structure as
required by the Fire Marshall. The water service line shall be sized appropriately to
accommodate the required fire sprinkler system. The Applicant's design team shall meet
with the Fire Marshall to formulate a plan for fighting fires in the below grade parking
garage structures prior to building permit submittal.
Ordinance No. 5, 2007 Page 4
The Lodge At Aspen Mountain
Section 7: Water & Electric Department Requirements
The Applicant shall comply with the Holy Cross and City of Aspen Electric Deparhnent
Standards and Water System Standazds, 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 Deparhnent. The Applicant shall also enter
into a water service agreement with the City and complete a common service line
agreement for the residential units (both affordable and free-mazket). Each residential
unit shall have an individual water meter.
Section 8: Storm Water/Draina~e Plan
The Applicant shall submit a Storm Water Drainage Plan prior to Building Permit
submittal that meets with the approval of the City Engineer.
Section 9: Aspen Consolidated Sanitation District Requirements
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. No "clear water" connections (roof, foundation, perimeter drains) to ACSD
lines shall be allowed. Oil and sand sepazators meeting the ACSD's requirements shall be
installed in each of the pazking garages. The driveway entrance drains shall drain to
drywells and elevator shaft drains shall drain through an oil and sand sepazator. One tap
to the main sanitary line is allowed for each of the buildings within the development. No
soil nails shall be allowed in the public right of way above ACSD main sewer lines. The
Applicants shall enter into a shared service line agreement with ACSD. Glycol and
snowmelt shall have containment areas approved by the Aspen Consolidated Sanitation
District.
Section 10: Soil Stabilization
The Applicant shall install inclinometers and conduct bi-monthly monitoring for a minimum
of one spring thaw cycle before the issuance of an excavation permit. The number and
location of the inclinometers shall be reviewed and approved by the City Engineer prior to
installation. If any slope movement is identified by the bi-monthly monitoring, the project
will not be allowed to exacerbate the historic rate of slope movement during or after
construction. If the historic rate of movement is exacerbated during the constmction
process, the City shall stop work on the project and require the Applicant to make such
improvements that aze necessary to reduce the slope movement back to historic rates. If the
inclinometers determine that there is a historic rate of slope movement, the design shall
exhibit a global stability meeting the AASHTO requirements, which implies a minimum
factor of safety of 1.5.
In preparing soil stability reports for the property, a soil bearing grid with no more than 100
feet between test locations shall be used under the building's footprint. In azeas outside of
the building's footprint, test locations shall not exceed 500 feet apart. The depth of soil
borings must exceed the elevation of the lowest footer by twenty (20) feet. Prior to the
recordation of the Subdivision/PUD plans and documents, the Applicant shall develop a
mutually acceptable agreement with the Shadow Mountain Homeowner's Association re.
slope stability provisions.
Ordinance No. 5, 2007 Page 5
The Lodge At Aspen Mountain
Section 11: Hazardous Soils: This site has not been previously identified as containing
hazardous soils. However, detailed soils reports shall be submitted with the Building
Permit application and if any hazardous materials are reported the applicant shall provide
the City with a mine waste testing and handling plan provided by a registered engineer or
other entity with experience in soils and hazazdous waste disposal. The plan must comply
with the following conditions of approval regarding development and handling of any
hazardous or toxic soils encountered on the property unless adequate information is
provided to the Environmental Health Department indicating that certain requirements
should be waived:
a. Any disturbed soil or material containing more than 1000 ppm lead that is to be
stored above ground shall be securely contained on and covered with anon-
permeable tarp or other protective barrier approved by the Environmental Health
Department so as to prevent leaching of contaminated material onto or into the
surface soil. Disturbed soil or material may be stored onsite if the Environmental
Health Deparhnent determines that there exists a satisfactory method of disposal
at the excavation site. Disturbed soil and solid waste may be disposed of outside
of the site upon acceptance of the material at a duly licensed and authorized
receiving facility.
b. Non-removal of contaminated material. No contaminated soil or solid waste shall
be removed, placed, stored, transported or disposed of outside the boundaries of
the site without having first obtained any and all necessary disposal permits.
c. Dust suppression. All activity or development shall be accompanied by dust
suppression measures such as the application of water or other soil surfactant to
minimize the creation and release of dust and other particulates into the air and to
prevent such dust and particulates from traveling off the site.
d. Any contaminated soil or mine waste rock that is disturbed or exposed shall be
contained on the property such that runoff does not exit the property or
contaminate clean soils existing on or off the property.
e. Any contaminated soil or mine waste rock to be left on-site shall be placed under
structures, pavement or covered by a minimum of 1 foot of clean soil that
contains less than 1,000 ppm lead.
Section 12: Increased Winter Maintenance of South Aspen Street
The PUD Agreement shall include an agreement between the Applicant and the City of
Aspen regazding the increased winter maintenance for that part of South Aspen Street which
lies south of Durant Avenue. The Applicant, and/or assigns, shall be responsible for the
increased annual capita] and operational expense incurred by the City of Aspen on an
ongoing basis. The agreement shall require the City Engineer and the Superintendent of
Streets to, on an annual basis and in cooperation with the Applicant and/or assigns, specify
the level of maintenance required and estimate the capital and operational costs to be
incurred by the City in order to provide said level of maintenance. The agreement shall
require the Applicant and/or assigns to make aone-time per year payment to the City of
Ordinance No. 5, 2007 Page 6
The Lodge At Aspen Mountain
Aspen for the increased level of maintenance for South Aspen Street. The agreement shall
permit the City to add to the then current yeaz's payment estimate any unforeseen costs
borne by the City in the previous yeaz in order to achieve the specified level of maintenance.
(For example: additional costs due to an above average number or intensity of snow storms.)
The form of the agreement shall be acceptable to the City Attorney. The agreement shall
allow for this ongoing obligation to be assigned to an improvement district.
Section 13: Landscapin¢
The proposed landscaping in the public right of way shall meet the Pazks Department
standards for location, spacing, species, planting specifications, imgation and other
applicable standards. 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
these protection zones is to be accomplished without machines, but by handwork only.
An approved tree permit will be required before any demolition or significant property
changes take place. The tree permit must be approved prior to submission of the building
permit. Mitigation for tree removals will be paid cash in lieu or on site.
Section 14: Replacement of Lift lA
As represented by the Applicant, the Applicant shall provide four million dollazs
($4,000,000) towards the replacement of Lift lA with a new lift. Such representation is
hereby incorporated into this approval as a condition. The new lift shall be operational prior
to the conveyance of sepazate real estate interests for units within the Lodge at Aspen
Mountain project.
Section 15: Ener¢v Conservation
The Applicant has made representations committing to the following energy goals. Such
goals are hereby included as conditions of approval.
a) To use thirty percent less energy than the average measured energy use of
comparable type properties in the area for the base data (See note A).
b) To "true up," on an annual basis (sun setting in 20 years), the actual energy
consumption of the property, and purchase local renewable energy or carbon
offsets as necessary to cover any shortfall (See note B). The Subdivision
Improvement Agreement shall specify a maximum cap on the shortfall penalty.
c) If actual energy use in any given year is less than the tazget, a credit would accrue
to the project, which could be used for sale or trade for other projects, or carried
forward for credit in future years.
d) To offset 100% of C02e emissions from any and all snowmelt installed in the
public right of way directly associated with the Lodge At Aspen Mountain (See
note B)
Note A: All measurements to be combined electric and natural gas consumption,
including snowmelt, pools, spas, and garages. For the purpose of identifying
Ordinance No. 5, 2007 Page 7
The Lodge At Aspen Mountain
offsets, energy use shall be converted to pounds of CO2e using City of Aspen
conversion factors.
• Note B: Purchase of offsets to be accomplished thru a variety of means, in order
of preference:
Energy or carbon-saving project(s), equal in CO2e reductions to the excess
CO2e emissions from the Lodge At Aspen Mountain (and verified by CORE),
directly funded and managed by the Lodge At Aspen Mountain or its agents,
Purchase of local energy or cazbon offsets through a local market (CORE or
others, approved by the City of Aspen and verified by CORE, as available),
or, if the first two options are not possible with City of Aspen approval,
Purchase of energy or carbon offsets through a public mazket, with minimum
criteria for the quality, additionality, and durability of offsets.
The Applicant shall, on an annual basis (sun setting in 20 yeazs), identify and implement
ways to improve overall energy performance of the development in order to minimize
offsets. Such analysis shall be provided to the City's Canary Initiative Manager for
review.
The Subdivision/PUD Agreement shall include an agreement on the "baseline" (without
energy saving strategies implemented) energy usage of the Lodge at Aspen Mountain, the
target performance, the methodology to measure the performance of the project above the
baseline assumption, and the mitigation measures to be implemented if the target
performance is not reached. In determining the "baseline" energy usage, the Applicant
and the City of Aspen Global Warming Project Manager shall agree on the example
projects to be evaluated and the methodology to be used in evaluating said projects to
ensure the baseline energy usage represents an accurate assumption of a facility of this
size, location, and operating chazacteristic.
Section 16: Off-Street Parkins and the Provision of Bicycles
The Applicant shall constmct a total of 224 parking spaces within the two (2) underground
gazages. 116 of the pazking spaces aze required pazking asfollows - 50 spaces for the hotel
and fractional units, 16 spaces for the commercial uses, 20 spaces for the on-site affordable
housing units, and 30 spaces for the Aspen Skiing Company pursuant to an existing lease.
The 20 spaces for on-site affordable housing shall be specifically designated for the
affordable housing units. The remaining parking spaces may be leased or sold to off-site
tenants.
A fleet often (10) bicycles shall be provided as part of the hotel and fractional ownership
operations and shall be made available to the customers without charge and stored in a
covered area.
Ordinance No. 5, 2007 Page 8
The Lodge At Aspen Mountain
Section 17: Emplovee Housing Requirement
The Applicant shall provide affordable housing for 185 employees. This requirement is a
sum of the following requirements and commitments by the applicant:
Demolition of the Mine Dumps Apartments -The existing, prior to demolition, Mine Dumps
consisted of 16 units, 24 bedrooms and 7,722 square feet of Net Residential Area.
Demolition of these units results in a replacement requirement of 12 bedrooms and 3,861
squaze feet of Net Livable Area. These units must be on-site to satisfy the replacement
requirement. This equates to housing for 15 employees.
Lodge Bedrooms -The development of lodging generates .5 employees per bedroom. The
projects contains 165 lodging bedrooms and therefore the lodging component of the project
generates 82.5 employees. The City requires a minimum of 60% of the generated
employees to be provided with housing. The applicant has committed to provide housing
for 91 employees or approximately 110% of the lodge employees using the City's
generation formula. Also see audit provision below.
Main-Level Commercial Space -Commercial space on the main level of a building in the
Lodge Zone District generates 4.1 employees per 1,000 squaze feet. The project contains
13,960 net leasable square feet on the main level generating 57.25 employees. The City
requires a minimum of 60% of the generated employees to be provided with housing. The
applicant has committed to provide housing for 63.5 employees or approximately 110% of
the main level commercial employees using the City's generation formula. Also see audit
provision below.
Basement-Level Commercial Space -Commercial space on the basement level of a building
in the Lodge Zone District generates 3.075 employees per 1,000 squaze feet. The project
contains 4,540 net leasable squaze feet on the basement level generating 13.9 employees.
The City requires a minimum of 60% of the generated employees to be provided with
housing. The applicant has committed to provide housing for 15.5 employees or
approximately 110% of the basement level commercial employees using the City's
generation formula. Also see audit provision below.
Total Employee Housing Requirement -
Mine Dumps Replacement (must be on-site) = 15 FTEs
Lodging Bedrooms = 91 FTEs
Main-Level Commercial = 63.5 FTEs
Basement-Level Commercial = 15.5 FTEs
Total =185 FTEs
The required employee housing shall be provided as follows:
On-Site -Twenty (20) Category 2 affordable housing units shall be developed on the
Lodge at Aspen Mountain site. These units shall be comprised of seventeen (17) studios
and three (3) 1-bedroom units. This housing accounts for 26.5 employees. This also
satisfies the on-site requirements of the replacement program.
Ordinance No. 5, 2007 Page 9
The Lodge At Aspen Mountain
Off-Site - At least 158.5 FTEs shall be housed within the City of Aspen Urban Growth
Boundary in newly-built or buy-down units. All or a portion maybe, but is not required,
to be at the Smuggler Affordable Housing site. All or a portion may be, but is not
required, to be at the two Airport Business Center sites.
Timing -The Applicant shall have constructed, deed-restricted, and received certificates of
occupancy on all of the off-site affordable housing units prior to the issuance of a certificate
of occupancy on the Lodge at Aspen Mountain. The on-site units shall be ready for
occupancy concurrent with the lodge.
Mine Dumps Tenants -The existing Mine Dumps unit tenants (tenants at the time of the
demolition) shall be provided a right of first refusal for the purchase of an affordable
housing unit at the off-site AH mitigation at either the Smuggler AH Project or the Aspen
Area Business Center project associated with The Lodge at Aspen Mountain. Tenants will
need to meet the qualification requirements of APCHA.
On-Site Rental Units -The on-site affordable housing units shall be in compliance with
APCHA's Employee Housing Guidelines. The Applicant shall record a deed restriction
on each of the affordable housing units at the time of recordation of the condominium
plat and prior to the issuance of a Certificate of Occupancy for the building, classifying
the units as Category 2 units. If the Applicant chooses to deed restrict the affordable
housing units as rental units, the Applicant shall convey a 1/10 of one percent, undivided
interest in the units to the Aspen/Pitkin County Housing Authority prior to the issuance of
a certificate of occupancy on any portion of the building.
In the event the affordable housing units are not rented in compliance with the rental
requirements of the Housing Authority's rental requirements, the Aspen/Pitkin Housing
Authority has the right to place tenants in the affordable housing units.
Employee Generation Estimates -The employee housing requirements established in this
Ordinance are based on estimates of the project's eventual actual employee needs. The
City of Aspen Land Use Code employee generation calculations predict the lodge
operation (not including the replacement housing from the mine dumps) will generate
153.65 employees. The Applicant was asked to provide an operation estimate and, using
the Columbia Hospitality Staffing Guide, predicted that 170 employees will be required
to operate the Lodge. The Applicant has committed to housing 170 lodge employees
(again, not including the 15 employees required for the replacement of the mine dumps).
This 170 employees housed commitment represents 110.6% of the employees housed
according to the Land Use Code or 100% employees housed according to the Applicant's
estimates.
Employee Audit -An employee audit of the Lodge at Aspen Mountain shall be conducted
after three (3) full fiscal years from the date of issuance of a Certificate of Occupancy to
verify the employee assumptions upon which this approval is granted. Terms of the
Audit:
Ordinance No. 5, 2007 Page 10
The Lodge At Aspen Mountain
• The Applicant shall retain an auditor who has been pre-approved by the
Aspen/Pitkin County Housing Authority Operations Manager.
• The audit shall be conducted after three (3) full fiscal years of operation and shall
account for all employees of the Lodge at Aspen Mountain project and
components thereof.
• The Applicant shall be responsible for all fees associated with the audit.
• The audit shall be provided to the Aspen/Pitkin County Housing Authority
Operations Manager.
Should the audit demonstrate that the Lodge at Aspen Mountain employs more than 170
employees estimated by the Applicant (measured as full-time equivalent employees), the
Applicant shall provide additional deed restricted affordable housing, or cash-in-lieu
thereof, to mitigate for 100% of the employees above the 170 employee estimate.
Employee Audit Agreement and Enforcement -The Applicant shall provide an addendum
agreement to the Subdivision Improvement Agreement binding the Applicant, including
successors and assigns, specifying the terms of this employee audit provision. The
agreement shall include cessation of the lodge operation as the remedy for non-
compliance with this provision as may be determined pursuant to Section 26.308.010.E
of the City of Aspen Land Use Code.
Section 18: Park Development Impact Fees
Park Development Impact Fees shall be assessed at the time of building permit issuance
pursuant to Land Use Code Section 26.610, Park Development Impact Fees. The Park
Development Impact Fees shall be calculated by the City of Aspen Zoning Officer using
the fee schedule in place at the time of building permit issuance.
Section 19: School Land Dedication Fees
School Land Dedication Fees shall be assessed on the proposal at the time of building
permit issuance pursuant to Land Use Code Section 26.630, School Lands Dedication,
because subdivision approval is required for the development of the multi-family
residential units per the definition of subdivision in the land use code. The school lands
dedication fees shall be calculated by the City of Aspen Zoning Officer using the fee
schedule in place at the time of building permit issuance.
Section 20: Impact Fees
All impact fees in effect at t)ae time of building permit application submittal shall be
applicable and be paid prior to the issuance of a building permit.
Section 21: Transportation Mana¢ement
The Applicant shall implement a transportation management plan aimed at reducing
vehicle trips for both guests and employees through the use of such strategies as hotel
shuttle service, bus passes for employees, carpool program, etc. Such plan shall meet
with the approval of the Transportation Department finding that the plan puts reasonable
measures in place to encourage alternatives to the use of the car.
Ordinance No. 5, 2007 Page 1 ]
The Lodge At Aspen Mountain
The applicant shall work with the City Engineer to determine an appropriate traffic and
parking plan for Juan Street that is found acceptable to the City Engineer.
Section 22: Exterior Liehtine
All exterior lighting shall meet the City's Lighting Code Requirements pursuant to Land
Use Code Section 26.575.150, Outdoor Lighting. The Applicant shall submit an exterior
lighting plan as part of the building permit submittal.
Section 23: Food Service Facilities
Food service plans meeting the requirements of the City of Aspen Environmental Health
Department shall be submitted and approved prior to serving food and prior to obtaining a
Colorado Food Service License for any of the commercial space that is to be used as
restaurant space. An oil and grease interceptor approved by the Aspen Consolidated
Sanitation District shall be installed in any space that is to be used as a restaurant.
Section 24: Portion of Dean Street Vacation
The Applicants for the Lodge at Aspen Mountain shall pursue official vacation of a
portion of the Dean Street right-of--way from the City Council for that portion of Dean
Street that has been presented as part of this PUD application. This PUD approval, while
not the official approval for the street vacation, acknowledges that the vacation is an
important component to the development of the subject property and provides benefits to
the neighbors.
Section 25: Community Benefits Representations
The Applicant has represented that they will append to the operational program of The
Lodge at Aspen Mountain, the six (6) items identified in the "Selected Community Benefits
Exhibit", as follows:
a.) one dollar ($1.00) per occupied room night will be donated to local charities every
year,
b.) discounted room nights, meeting space, spa services and food/beverage will be
provided during seasonal periods (the "off-seasons"),
c.) vocational hospitality training programs for Aspen High School students will be
provided,
d.) full time employees will be given paid time off to work on local charity causes,
e.) a nationaUglobal marketing campaign will be put in place to promote Aspen as a
destination (beyond the hotel advertising that will be conducted), and
f.) support will be provided to World Cup Events.
Section 26:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, are
hereby incorporated in such development approvals and the same shall be complied with as
if fully set forth herein, unless amended by an authorized entity.
Ordinance No. 5, 2007 Page 12
The Lodge At Aspen Mountain
The Applicant has represented that they will voluntarily record a covenant and deed restrict
the use of the seventy-three (73) hotel rooms in the Lodge At Aspen Mountain project to
hotel and lodge room use for a period of 99 yeazs. Such representation is hereby included as
conditions of this ordinance. The deed restriction cannot be amended or terminated without
the express written consent of the City of Aspen City Council and the owner of the hotel
units. The covenant and commitment shall be memorialized in a deed restriction to be
recorded contemporaneously with the recording of the Subdivision/PUD Agreement for the
Lodge at Aspen Mountain project and shall be specifically set forth in the recorded
Declazation of Condominium for the project.
The Applicant has represented that the approvals for the "townhome project" for the same
site shall be vacated upon recordation of the Subdivision Improvement and Planned Unit
Development Agreement and associated plats and plans for the Lodge at Aspen Mountain
development. Such representation is hereby included as conditions of this ordinance.
The Applicant has represented implementation of the following program for locals:
1. Locals' Pass - 20% off regular food and beverage, spa services, banquet room rental,
and hotel room rates. This pass would be available to all residents of Aspen, and
discounts would be provided on aspace-available basis. The annual fee for the pass
would be minimal ($10), and all proceeds from the sale of the pass would be donated
to local nonprofit organizations.
2. Car Sharing Program -The Applicant would fund the purchase of one or more new
vehicles in the Roaring Fork Valley Vehicle car-sharing program. This car would be
located in accessible parking at the Lodge and would be available to all participants in
the RFW program.
3. Casual Take-out Dining Option -The Applicant will explore the possibility of putting a
deli-type shop in the Lodge. This deli would provide fast, fresh, and inexpensive take-
out food.
Section 27:
This ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 28:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
Section 29:
A public hearing on this ordinance was held on Mazch 12, 2007 and continued to March
26, April 9, May 14, June 25, July 23, August 13, 2007, August 27, 2007, and then to
September 24, 2007, in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
Ordinance No. 5, 2007 Page 13
The Lodge At Aspen Mountain
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the
City Council of the City of Aspen on the 26`h day of February, 2007.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved on this day of , 2007.
Michael C. Ireland, Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
Ordinance No. 5, 2007 Page 14
The Lodge At Aspen Mountain