HomeMy WebLinkAboutagenda.council.regular.20081208CITY COUNCIL AGENDA
December 8, 2008
2:00 P.M.
Ordinance #34, 2008 -Lift One Neighborhood Master Plan -Public Hearing
5:00 P.M.
I. Call to Order
II. Roll Call
III. Scheduled Public Appearances
IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues
NOT on the agenda. Please limit your comments to 3 minutes)
V. Special Orders of the Day
a) Mayor's Comments
b) Councilmembers' Comments
c) City Manager's Comments
d) Board Reports
VI. Consent Calendar (These matters maybe adopted together by a single motion)
a) Resolution #113, 2008 -Completion of Phase I Burlingame
b) Resolution #114, 2008 -Renewable Energy Mitigation Spending
c) Resolution #115, 2008 -Adoption of Smuggler Open Space Master Plan
d) Resolution #116, 2008 -Contract Design Services Burlingame Phase II and III
e) Minutes -November 24, 2008
VII. First Reading of Ordinances
VIII. Public Hearings
a) Ordinance #40, 2008 -Fees 2009
b) Ordinance #37, 2008 -Electric Utility Business Plan & Rate change
c) Ordinance #35, 2008 -Extension of Building Permit Moratorium in CC Zone and
Commercial Mix
d) Ordinance #34, 2008 -Lift One Neighborhood Master Plan
IX. Action Items
X. Adjournment
Next Regular Meeting January 12, 2009
COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M.
via.
MEMORANDUM
TO:
FROM:
THRU:
DATE OF MEMO:
MEETING DATE:
RE:
Mayor and City Council
Steve Bossart, Asset Project Manager ~
R. Barry Crook, Assistant City Manager ~-
December 1, 2008
December 8, 2008
Burlingame Ranch Phase 1-City Council Commitment to the
HOA to complete open items.
REQUEST OF COUNCIL: Asset Staff requests Council approval of Resolution #113-08
committing the City to completion of all Phase 1 construction, landscaping, and HOA structural
and organizational issues.
PREVIOUS COUNCIL ACTION: City Council, jointly and individually have attended
meetings with Staff and members of the Burlingame HOA. The HOA Board has described open
issues of landscaping, construction, and warranty issues. City staff has been working with Shaw
Builders to encourage completion. Council has agreed to execute a resolution expressing City
commitment to complete all open contract issues at the request of the Burlingame HOA.
Project completion, final Certificates of Occupancy, developer schedule management, and a few
questions of quality have been ongoing issues at Burlingame.
There are also issues relating to the HOA structure itself, conveyances of common areas, and the
ownership and financial responsibilities of the master association.
BACKGROUND: In 2004, the City of Aspen issued an RFQ for Burlingame Ranch Affordable
Housing development teams. A competition was held among the finalists, and Shaw Builders
LLC was selected based on a number of factors, including design, cost considerations, and
schedule. A developer model contract was executed in 2005 and a Notice to Proceed was signed
by the City in June with a completion date of November 2006, extended later to June 2007.
Final Certificates of Occupancy were issued from fall 2006 through late 2007 only for
condominium units, prior to sale and occupancy. Individual buildings carry Conditional
Certificates of Occupancy, allowing use while remaining permit and PUD issues are completed
and closed. Building mechanical rooms and transit stations were completed during 2008.
Landscaping and site irrigation await final sign-off and as-built deliverables. Site drainage and
utilities await final sign-off and as-built deliverables.
DISCUSSION: Quality and performance on Burlingame Ranch Phase 1 have generally met
expectations and requirements. Schedule and completion of all elements have lagged behind and
Page 1 of 2
staff has continually urged the developer to complete the work. There have been a few issues in
subcontracting which the developer identifies as contributing factors. Since the notice letters
were sent, the developer has mobilized the resources to work through the general outstanding
issues and significant progress has been made. Some elements such as site drainage and civil
improvements will not be complete until next building season.
Outstanding issues include:
^ roofs
^ landscaping and irrigation
^ governance and what is the responsibility of the Master Condo Association and the
Condo 1 Association
^ mechanical subsystems
^ parking enforcement, speed limits
Staff continues to work on all these issues and believes the developer will successfully complete
most items very soon. There are items that cannot be completed until spring/summer due to
winter conditions.
FINANCIALBUDGET IMPACTS: Staff has been communicating with management and the
City attorneys and is currently holding all payments. There are some amounts for completed
work which staff may recommend releasing. The City still will have a large sum on hold to
ensure completion of all items one way or another. Depending on the progression and resolution
of the disputes, the developer may choose to commence complaints which could require City
attorney time or outside legal expense.
ENVIRONMENTAL IMPACTS: Incomplete storm water systems can negatively impact
streams and rivers. Our site does have redundant construction systems so it should not be a
problem at this time.
RECOMMENDED ACTION: Staff should continue with the efforts to obtain final completion
from the developer. If the developer is unable or unwilling, Staff should contract with alternate
contractors who can complete the work. There are contractual requirements of notice and
correction periods that may push final completion into 2009. Staff should retain sufficient funds
to complete all aspects of work, while working to pay the developer for completed work.
ALTERNATIVES: Council may direct staff to continue the notice letter approach only and rely
on settlement before proceeding with alternate contractors. This may have the benefit of avoiding
dispute costs, but could extend project completion dates.
PROPOSED MOTION: I move to approve Resolution #113-08 committing the City to
completion of all Phase 1 construction, landscaping, and HOA structural and organizational
issues.
ATTACHMENTS:
Resolution #113-08
Page 2 of 2
RESOLUTION NO. 113
Series of 2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
COMMITTING THE CITY TO COMPLETION OF ALL BURLINGAME RANCH
PHASE 1 CONSTRUCTION, LANDSCAPING, AND HOA STRUCTURAL
/ORGANIZATIONAL ISSUES.
WHEREAS, in 2004, the City of Aspen issued an RFQ for Burlingame Ranch
Affordable Housing development teams; and in 2005 a development model contract was
executed with Shaw Builders LLC and a Notice to Proceed was signed by the City in June with a
completion date of November 2006, extended later to June 2007; and
WHEREAS, Final Certificates of Occupancy were issued from Fall 2006 through 2007
only for the condominium units, with individual buildings carrying Conditional Certificates of
Occupancy (allowing use while remaining permit and PUD issues are completed and closed);
and building mechanical rooms and transit stations were completed during 2008, landscaping,
site irrigation, site drainage and utilities await final sign-off and as-built deliverables; and
WHEREAS, on November 4, 2008 voters in an advisory election indicated a preference
for increasing the density of Phase 2/3 of Burlingame Ranch to "up to 300 units" from the 236
units in the approved PUD; and
WHEREAS, any change to the number of units requires the approval of the existing
homeowners at Burlingame, and the Burlingame Homeowners Association desires the City
Council to indicate its commitment to completing the City's obligation as developer of Phase 1;
and
NOW, THEREFORE BE IT RESOLVED that we the City Council do confirm our
commitment to stand by our responsibility to obtain final completion from the developer we
hired to build Burlingame and if the developer is unable or unwilling to do so, to contract with
alternate contractors to complete the work.
APPROVED by the City Council of the City of Aspen on the 8th day of December, 2008.
Michael C. Ireland, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true
and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado,
at a meeting held on the day hereinabove stated.
Kathryn S. Koch, City Clerk
vii
MEMORANDUM
TO:
FROM:
CC:
CC:
DATE OF MEMO:
MEETING DATE:
RE:
Mayor and City Council
Patti Clapper, Chair, Community Office for Resource
Efficiency
Phil Overeynder, Public Works Director
Steve Barwick, City Manager
John Worcester, City Attorney
November 28, 2008
December 8, 2008
Renewable Energy Mitigation Program (REMP)
Funding Request
REQUEST OF COUNCIL: Staff requests approval of attached Resolution, as forwarded by
the CORE Board, which authorizes spending of funds generated through the Renewable Energy
Mitigation Program (REMP) for identified 2009 projects. It is important to note that some of the
grants contained in the Resolution, including the large grants to the City of Aspen and Pitkin
County (numbers 1 and 2), are intended to provide funding for multiple years.
PREVIOUS COUNCIL ACTION: In January 2000 the Pitkin County Commissioners and the
Aspen City Council adopted the Renewable Energy Mitigation Program (REMP). According to
the REMP ordinance, the Community Office for Resource Efficiency (CORE) is responsible for
developing proposals for spending funds collected by the REMP. Those proposals must be
reviewed and approved by the CORE board.
BACKGROUND: The CORE board is: Patti Clapper (Pitkin County), Phil Overeynder
(Aspen), Steve Casey (Holy Cross Energy), Bill Stirling (Member at Large), Michael Hassig
(Carbondale), Sally Sparhawk (Snowmass Village). Jack Johnson was recently appointed to the
CORE Board to fill J.E. DeVilbess' appointment, but this appointment occurred after CORE's
review of the proposals. The attached Resolution contains projects recommended for approval
by the CORE board. REMP funding procedures require approval by both Aspen City Council
and Pitkin County Commissioners. The proposed expenditures total $2,035,700. Before these
requested expenditures, the fund had $3,367,000 in it. If this funding is authorized, there will
remain about $1,331,300 in the fund, which has been collecting revenue at the rate of
approximately $1.5 million per year.
Page 1 of 2
DISCUSSION: The project funding requests were reviewed under a set of criteria adopted by
the CORE Board. Refer to the "Green Key Grant Request Summaries" (attached) for a
description of the project applications received by CORE and the recommended level of funding
from the REMP program. It should be noted that in some cases funding from previous year's
grants was available to meet project needs and no funding was recommended. In other cases,
there are other grant sources available that more closely match the project descriptions and those
applicants will be directed to those grant programs. Finally, in the case of competing requests to
purchase specific pieces of equipment for home energy audits, it was recommended that this
equipment be purchased by the city of Aspen and then be made available to all start up firms
offering this service throughout the Roaring Fork Valley.
FINANCIAL/BUDGET IMPACTS: Financial implications of this funding request are
summarized above. It should be noted that due to an anticipated reduction in new building
volume, the projected amount of new revenue available from the residential component may be
less than the historical level of $1,500,000 per year available in past years. However, if Council
adopts the Commercial REMP program in 2009, this new revenue source could offset potential
revenue losses in the residential sector.
ENVIRONMENTAL IMPACTS: The projects recommended for funding are designed to
contribute to energy efficiency or reductions in carbon emissions.
RECOMMENDED ACTION: CORE's Board recommends approval of Resolution # /~,
2008, authorizing spending funds generated through the Renewable Energy Mitigation Program.
ALTERNATIVES: If Council chooses not to approve the resolution the REMP funds would
stay in the account and would be available for future renewable energy projects.
PROPOSED MOTION: "I move the approval of Resolution # ~1~ , 2008, authorizing the
proposed spending of funds generated through the Renewable Energy Mitigation Program."
CITY MANAGER COMMENTS:
ATTACHMENTS:
• Resolution 08- 11 ,Resolution of the City Council of the City of Aspen, Colorado,
Authorizing Spending of Funds Generated Through The Renewable Energy Mitigation
Program
• Green Key Grant Request Summaries
Page 2 of 2
RESOLUTION #~
(SERIES OF 2008)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, AUTHORIZING SPENDING
OF FUNDS GENERATED THROUGH THE
RENEWABLE ENERGY MITIGATION PROGRAM
WHEREAS, On December 13, 1999, City Council Approved Ordinance No. 55 adopting the
Aspen/Pitkin Energy Conservation Code, and
WHEREAS, the Aspen/Pitkin Energy Conservation Code allows that the funds be spent in
accordance with a joint resolution by the Aspen City Council and the Pitkin County Board of County
Commissioners, and
WHEREAS, pursuant to the Agreement, the Board of the Community Office for Resource
Efficiency approved a number of spending proposals, and
WHEREAS, the spending proposals meet the screening criteria of affordable housing,
cost-effectiveness, public visibility, and education, environmental benefits, energy efficiency,
leverage, unique opportunity, new technologies and green design, and
WHEREAS, the Renewable Energy Mitigation Fund has a balance of approximately
$3,367,000 and the total of proposed expenditures equal $2,035,700.
NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section l:
The Aspen City Council does hereby authorize the Community Office for Resource Efficiency to
negotiate and secure contracts and manage the installation and/or implementation of the following
projects:
1. City of Aspen -recommended REMP award: $307,000 + $200,000 for C. C. Hydro = $507,000.
The City of Aspen is requesting funds to support the Global Warming Project Coordinator,
ZGreen business outreach, affordable housing energy improvements, technical assistance for the
2030 Challenge and to purchase Home Energy Rating equipment.
2. Pitkin County -recommended REMP award: $335,700. Pitkin County is requesting funding to
support the Energy Program Manager, HVAC upgrades, Library boiler replacement, lighting
retrofits, courthouse insulation, and a host of smaller energy efficiency projects.
3. Aspen Center for Environmental Studies -recommended REMP award: $63,000. ACES is
moving forward with a campaign to make each of its four properties carbon neutral within ten
years. Their first step is to install a geothermal heat exchange system at Hallam Lake. They are
requesting funds to support a portion of this installation. ACES will also be installing a
monitoring system for educational purposes.
4. Thrift Shop of Aspen - recommended REMP award: $90,000. The Thrift Shop of Aspen is
replacing its old store with a new building. Their funding request is for energy efficient upgrades,
sustainable building materials and a 3kW photovoltaic system.
5. Aspen Fire Station -recommended REMP award: $112,500. The Aspen Fire Station has applied
for funding to support energy efficient upgrades at its new facility in downtown Aspen. They are
also considering the inclusion of a SkW photovoltaic system.
6. Town of Carbondale -recommended REMP award: $31,500. The Town of Carbondale is
seeking funding to support its Energy and Climate Protection Plan, which CORE helped to
develop. Specifically these funds would be put toward building upgrades, photovoltaic
installations, LED streetlight retrofits and educational programs.
7. Colorado Rocky Mountain Permaculture Institute (CRMP)) -recommended REMP award:
$27,000. The Colorado Rocky Mountain Permaculture Institute is requesting funds to support the
reconstruction of one of its year round greenhouses. Last year one of the greenhouses was
destroyed in a fire, and this new installation is an upgraded replacement to the previous structure.
8. City of Aspen Environmental Health Department -recommended REMP award: $10,000.
Environmental Health's request would support the design and construction of a portable solar
energy system to be used for City events. The system would supply clean, moveable power to all
City departments and also serve as an educational piece at public events.
9. Yellow Brick -recommended REMP award: $25,000 (toward most efficient building upgrade
following audit). The Yellow Brick School houses a number of early education classrooms on the
ground floor and offices in the basement level. The grant request would fund an energy audit for
the entire building ($3,150) and a lighting retrofit for each of the basement offices ($32,665).
10. AREDAY -recommended REMP award: $20,000. AREDAY's mission is to promote education
and awareness for renewable energy and energy efficiency technologies. AREDAY's 2008 event
ran from August 21-23, hosted 50 presenters and was attended by 2500 participants. Their
request would support AREDAY 2009.
11. Carbondale Senior Housing -recommended REMP award: $25,000. Carbondale Senior Housing
Corporation is requesting funds to help finance the installation of a 60kW photovoltaic system for
its Carbondale property.
12. Land and Shelter -recommended REMP award: $81,000. Land and Shelter is overseeing the
renovation of the Carbondale Elementary School to the Carbondale Community Non-Profit
Center. Their grant request would support design costs, a solar hot water system and a
photovoltaic system.
13. Ongoing CORE administered line items
A. CORE REMP Management Fee - $90,000
Of this amount $10,000 will be used to publicize the REMP consumer rebates. The remainder
will be used to administer and manage REMP funded projects.
B. Community and Mini-grants - $80,000
These funds would support an existing REMP program that provides small renewable energy and
energy efficiency to area non-profits, schools and businesses. $40,000 will be allotted to
Community grants and $40,000 will be allotted to Mini-grants.
C. Energy Efficient Appliances - $35,000
This money will replenish an existing REMP program that provides rebates to Valley residents
who purchase energy efficient clothes washers, dishwashers and refrigerators.
D. Climate Project Manager - $75,000
These funds will support an existing CORE staff position, which has been financed by the REMP
program.
E. PV and Solar Hot Water Rebates - $275,000
These funds will be used to replenish an existing rebate fund that encourages Valley residents to
install photovoltaic and solar thermal systems.
F. Design Assistance Grants - $50,000
These funds will support an existing REMP program that finances design assistance for new
construction projects.
G. Administrative Assistant - $65,000
These funds would be used to fund a new CORE staff position. The position would provided
administrative and project support for CORE's Aspen and Carbondale office. Specific duties
would include processing rebates, replying to inquiries, research assistance, advertising, grant
support, outreach and other project specific responsibilities.
H. Micro-hydro and Geo-exchange Grants - $30,000
These funds will replenish and existing REMP account that provides small grants supporting the
implementation of hydropower and geopower systems. The funds would support education and
feasibility studies.
I. Third Part Audit - $8,000
To ensure ongoing compliance with Generally Accepted Accounting Principles (GAAP) these
funds would be used for a third part audit in 2009.
Section 2:
The Community Office for Resource Efficiency will report to the Aspen City Council as needed
regarding the progress and completion of the approved projects.
FINALLY, adopted, passed and approved this day of , 2008.
Approved as to form: Approved as to content:
City Attorney
Attest:
Michael C. Ireland, Mayor
Kathryn S. Koch, City Clerk
~w
2008 Green Key Grant Requests -Application Summaries
1. City of Aspen -recommended REMP award: $307,000 + $200,000 for C. C. Hydro = $507,000
The City of Aspen is requesting funds to support the Global Warming Project Coordinator, ZGreen
business outreach, affordable housing energy improvements, technical assistance for the 2030 Challenge
and to purchase Home Energy Rating equipment.
Pitkin County -recommended REMP award: $335,700
Pitkin County is requesting funding to support the Energy Program Manager, HVAC upgrades, Library
boiler replacement, lighting retrofits, courthouse insulation, and a host of smaller energy efficiency
projects.
3. Aspen High School -recommended REMP award: $0 (funding coming from past grant source)
The Aspen High School EARTH Club is seeking a grant to fund the first phase of their Reusable Bag
Project. The Project will provide reusable bags and information cards to visitors staying in Aspen hotels.
This Project is being overseen by Travis Moore at Aspen High School.
4. Aspen Center for Environmental Studies- recommended REMP award: $63,000
ACES is moving forward with a campaign to make each of its four properties carbon neutral within ten
years. Their first step is to install a geothermal heat exchange system at Hallam Lake. They are
requesting funds to support a portion of this installation. ACES will also be installing a monitoring
system for educational purposes.
5. Thrift Shop of Aspen - recommended REMP award: $90,000
The Thrift Shop of Aspen is replacing its old store with a new building. Their funding request is for
energy efficient upgrades, sustainable building materials and a 3kW pv system.
6. Aspen Fire Station- recommended REMP award: $112,500
The Aspen Fire Station has applied for funding to support energy efficient upgrades at its new facility in
downtown Aspen. They are also considering the inclusion of a SkW pv system.
7. Colorado Mountain College -recommended REMP award: $0 (funding from other grant source)
CMC is seeking support for athree-stage energy assessment for the entirety of its Spring Valley Campus.
8. Colorado Mountain College -recommended REMP award: $0 (funding from SHW allotment)
CMC is seeking support for a large solar hot water installation on its dormitory at CMC's Spring Valley
campus in Glenwood Springs. The dorm holds roughly 500 students.
9. Bonsai Communities -recommended REMP award: $0
Bonsai Communities is developing a large, `green' residential site off of highway 82 near Carbondale.
Their request would support the installation of a 100kW solar array for the development.
10. Aspen SkiCo -recommended REMP award: $0 (funding from past grant funds)
CORE, P.O. Box 9707 Aspen, CO 81612 970-544-9808 www.aspencore.org
SkiCo is requesting funds to insta113 energy monitoring units at SkiCo's main office, Bumps and Two
Creeks. These would be used to educate guests and staff about energy use and to reduce energy
consumption.
11. Aspen SkiCo -recommended REMP award: $0 (funding from other grant sources)
Aspen SkiCo is requesting funds to complete the design phase of two innovative micro-hydro systems at
the Snowmass ski area. SkiCo has completed feasibility studies and believes two 250kW systems could
be installed.
12. EDSI -recommended REMP award: $0 (funding from another grant source)
Environmental Development Service Inc. is seeking funds to pursue Wild and Scenic designation for the
Crystal River, which would preserve the natural habitat of the riparian ecosystem.
13. EDSI -recommended REMP award: $0
EDSI`s is requesting funds to create sustainable guidelines for development of micro-hydro sites, and
they are also looking to complete amicro-hydro feasibility study for portions of the Roaring Fork Valley
watershed.
14. EDSI -recommended REMP award: $0
EDSI is looking to initiate a Cattails to Ethanol Project, which would essentially study the feasibility of
using cattails to produce ethanol. This project would also enhance water quality through enabling natural
processes.
15. Peak Energy Performance -recommended REMP award: $0
Peak Energy Performance, a new HERS rating company, is requesting funds for the purchase of several
pieces of equipment that are necessary to perform comprehensive home energy audits.
16. ACSD ($5,717) -recommended REMP award: $0 (outstanding past grant to ACSD)
The Aspen Consolidated Sanitation District is installing outdoor lighting for its new building and is
requesting funds to support the purchase and installation of an energy efficient lighting system.
17. Town of Carbondale -recommended REMP award: $31,500
The Town of Carbondale is seeking funding to support its Energy and Climate Protection Plan, which
CORE helped to develop. Specifically these funds would be put toward building upgrades, pv
installations, LED streetlight retrofits and educational programs.
18. CRMPI recommended REMP award: $27,000
The Colorado Rocky Mountain Permaculture Institute is requesting funds to support the reconstruction of
one of its year round greenhouses. Last year one of the greenhouses was destroyed in a fire, and this new
installation is an upgraded replacement to the previous structure.
19. CSA Farm School -recommended REMP award: $0 (encouraged to apply for the next grant cycle)
The CSA Farm School project is aimed at educating students about local food production,
providing/increasing local food supplies and developing an onsite nursery for further education.
20. Carbondale Community School -recommended REMP award: $0 (funding from past grant funds)
The Carbondale Community School is requesting funds to complete a l OkW pv system for the school.
The system will provide '/2 of the school's electricity needs.
21. Environmental Health -recommended REMP award: $10,000
CORE, P.O. Box 9707 Aspen, CO 81612 970-544-9808 www.aspencore.org
Environmental Health's request would support the design and construction of a portable solar energy
system to be used for City events. The system would supply clean, moveable power to all City
departments and also serve as an educational piece at public events.
22. B1ueTent -recommended REMP award: $0 (funding from other grant source)
CORE staff has been working with B1ueTent marketing to `green' their business operations. As part of
this initiative B1ueTent has decided to setup and staff an electronics recycling program for the Valley (in
partnership with Computers for Kids). Their request represents '/z the cost of a trailer to move the
recyclable equipment.
23. Bag Habits -recommended REMP award: $0 (funding from other grant source)
REELthing productions is producing a feature length documentary on plastic consumption in the United
States. Their request is to support the completion of this project. CORE and CORE staff will be featured
in this production.
24. Windscout LLC -recommended REMP award: $0
Windscout LLC, a new HERS rating company, is requesting funds for the purchase of several pieces of
equipment that are necessary to perform comprehensive home energy audits.
25. Yellow Brick -recommended REMP award: $25,000 (toward most efficient building upgrade following
audit)
The Yellow Brick School houses a number of early education classrooms on the ground floor and offices
in the basement level. The grant request would fund an energy audit for the entire building ($3,150) and a
lighting retrofit for each of the basement offices ($32,665).
26. AREDAY -recommended REMP award: $20,000
AREDAY's mission is to promote education and awareness for renewable energy and energy efficiency
technologies. AREDAY's 2008 event ran from August 21-23, hosted 50 presenters and was attended by
2500 participants. Their request would support AREDAY 2009.
27. Aspen Alps -recommended REMP award: $0
The Aspen Alps is requesting funding to upgrade the insulation (foam material that insulates, reduces
condensation buildup and prevents mold) on the walls surrounding the tennis courts and on the tennis
courts' roof system.
28. Flux Farm- recommended REMP award: $0 (funding from other grant source)
"The Flux Farm Foundation exists to better understand what roles western range and agricultural lands
can play in the transition to renewable energy." Their grant request would fund a soil sequestration study.
Their project could potentially eliminate thousands of tons of C02 per year and also create a new revenue
source for ranchers and farmers.
29. Green Sprouts Foundation- recommended REMP award: $0 (funding from past grant funds)
Green Sprouts is requesting funding to support two school composting programs in the Roaring Fork
Valley. Educational and print materials are also included in the funding request.
30. Green Sprouts Foundation- recommended REMP award: included in # 29
This grant would fund an educational outreach and recycling program in Valley schools. The recycling
program would be aimed at recycling children's shoes and distributing them to needy countries.
31. CRMS recommended REMP award: $0 (from other grant sources)
CORE, P.O. Box 9707 Aspen, CO 81612 970-544-9808 www.aspencore.org
The Colorado Rocky Mountain School is requesting funding support for improvements to its recycling
programs and their garden storage capacity, for motion sensitive light fixtures and for compact
fluorescent light bulbs.
32. Green Line Architects -recommended REMP award: $0
Jeff Dahl of Green Line Architects is seeking support for window replacements in 11 housing units in
Snowrnass Village as part of a larger renovation project.
33. Green Line Architects -recommended REMP award: $0 (funding from past grant funds)
Steve Novy, with Green Line Architects, is renovating the Carbondale Scenic Overlook. The renovation
project will use green materials and include a pv system to power the site. It will also include a
significant educational component.
34. Carbondale Senior Housing -recommended REMP award: $25,000
Carbondale Senior Housing Corporation is requesting funds to help finance the installation of a 60kW pv
system for its Carbondale property.
35. Ecobuild -recommended REMP award: $0
EcoBuild's application requests support for the design phase of an off -the-grid house north of Aspen.
They will also be documenting their process for educational purposes.
36. Land and Shelter -recommended REMP award: $81,000
Land and Shelter is overseeing the renovation of the Carbondale Elementary School to the Carbondale
Community Non-Profit Center. Their grant request would support design costs, a solar hot water system
and a pv system.
37. Carbondale Fire -recommended REMP award: $13,500 (from past grant funds)
The Carbondale Fire Department is requesting funds to purchase new motors and doors for its truck bay.
The new editions will reduce energy consumption and also provide increased insulation.
38. Solara Preschool -recommended REMP award: $0 (funding from past grant funds)
Solara preschool on highway 82 is requesting funds to complete a 7kW pv system for its school house. It
will also be used as an educational tool.
39. Aspen Plan B -recommended award: $0
Aspen Plan B is requesting funds to support sustainable urban design initiatives in the upper Roaring Fork
Valley, particularly in downtown Aspen. The majority of funds are being requested to redo their website
Ongoing CORE administered line items
A. CORE REMP Management Fee - $90,000
Of this amount $10,000 will be used to publicize the REMP consumer rebates. The remainder will be
used to administer and manage REMP funded projects.
B. Community and Mini-grants - $80,000
These funds would support an existing REMP program that provides small renewable energy and energy
efficiency to area non-profits, schools and businesses. $40,000 will be allotted to Community grants and
$40,000 will be allotted to Mini-grants.
C. Energy Efficient Appliances - $35,000
CORE, P.O. Box 9707 Aspen, CO 81612 970-544-9808 www.aspencore.org
This money will replenish an existing REMP program that provides rebates to Valley residents who
purchase energy efficient clothes washers, dishwashers and refrigerators.
D. Climate Project Manager - $75,000
These funds will support an existing CORE staff position, which has been financed by the REMP
program.
E. PV and Solar Hot Water Rebates - $275,000
These funds will be used to replenish an existing rebate fund that encourages Valley residents to install
photovoltaic and solar thermal systems.
F. Design Assistance Grants - $50,000
These funds will support an existing REMP program that finances design assistance for new construction
projects.
G. Administrative Assistant - $65,000
These funds would be used to fund a new CORE staff position. The position would provided
administrative and project support for CORE's Aspen and Carbondale office. Specific duties would
include processing rebates, replying to inquiries, research assistance, advertising, grant support, outreach
and other project specific responsibilities.
H. Micro-hydro and Geo-exchange Grants - $30,000
These funds will replenish and existing REMP account that provides small grants supporting the
implementation of hydropower and geopower systems. The funds would support education and
feasibility studies.
I. Third Part Audit - $8,000
To ensure ongoing compliance with Generally Accepted Accounting Principles (GAAP) these funds
would be used for a third part audit in 2009.
CORE, P.O. Box 9707 Aspen, CO 81612 970-544-9808 www.aspencore.org
VIG
PARKS & RECREATION
MEMORANDUM
DATE: December 1, 2008
TO: Mayor and Council
THRU: Stephen Ellsperman, Director Parks and Open Space ~.~.
FROM : Brian Flynn, Open Space and Special Projects Manager
CC: Steve Barwick, City Manager
John Worcester, City Attorney
MEETING
DATE: December 8, 2008
RE: Adoption of Smuggler Open Space Management Plan
SUMMARY: At the November 25th work session, Staff presented a brief power point
presentation and reviewed the management plan. City Council unanimously approved the
management plan and recommended it for formal adoption. Staff is seeking City Council's
formal approval, through resolution, of the Smuggler Mountain Open Space Management Plan.
After successfully purchasing a majority of the private parcels on Smuggler Mountain, Staff put
together a team of specialists to study and assess the management needs. Based on these studies
and field reports,' Staff developed a draft management plan in June of 2008. Subsequently, Staff
released the plan for a public comment period and provided three public meetings which were
held on July 28, August 11, and September 8, 2008, all of which included web surveys. The plan
went through four different revisions based on the comments received.
The plan was officially adopted by the City and County Open Space Boards during a joint
meeting held on October 16, 2008. The City Open Space Board voted 3-0 in favor of
recommending adoption of the plan to City Council. The goal of this management plan is to
provide a framework for managing Smuggler Mountain Open Space to ensure the legacy of all
those who either purchased, donated, or otherwise contributed to this community asset. The
Boards and Staff feel the current management plan provides the appropriate balance between
recreation and ecological needs of the property.
PREVIOUS COUNCIL ACTION: During the November 25, 2008, Work Session City
Council unanimously recommended formal adoption of the management plan. In December
2005, City Council approved the joint purchase of the 170+ acre Wilkinson parcel. Again, in
2007 City Council approved the second Wilkinson purchase of the remaining eight acres.
BACKGROUND: One of the primary goals for the formation of the Pitkin County and City of
Aspen Open Space Programs was the goal of protecting Smuggler Mountain. The actions of
Aspen Valley Land Trust, Pitkin County Open Space, Private Donors, and the City of Aspen
have led to the successful acquisition of 347 acres:
• 1974 Old Track Parcel
• 1979 Silver Brick Claim
• 1981 Grand Turk and Pontiac Claims
• 1991Verena Mallory Park
• 1993 Emilee Benedict Park and the Rainstorm and Snowstorm
• 1998 Mascotte 99 Parcel
• 2000 Little Maud Claim
• 2002 Cora Lee Claim
• 2003 Axtel and Protection Loads
• 2005 Hunter Valley Way, B&M mining claim and Wilkinson Parcels
• 2006 Contraband, Result and Della S.
• 2007 Remaining Wilkinson Estate
The largest and financially most significant of these purchases was the 2005 George "Wilk"
Wilkinson acquisition. The City and County paid $7.5 million each from their respective open
space funds to secure the 170-acre core of the Smuggler Mountain Open Space. A conservation
easement was placed on this land held by Aspen Valley Land Trust.
Shortly after the Wilkinson purchase was completed, the City and County Staff developed an
interim management plan approved by the Open Space Boards. This plan was intended to allow
Staff to address obvious physical concerns based on safety and use of the upper portions of the
property. A large majority of the property was closed for further study and several bandit trails
were rerouted into areas considered open to recreation. In addition, a large scale trash and waste
removal operation took place in August of 2006. Throughout 2006 and 2007, Staff hired and
worked with multiple consultants to study historical importance, wildlife use and habitat,
recreation patterns, and vegetation resources to assess the management needs and challenges for
these areas. The Boards directed Staff to complete a management plan to replace the interim
plan. Based on these studies and field reports, Staff developed the draft management plan in
June of 2008.
2
As previously stated, the goal of this management plan is to provide a framework for managing
Smuggler Mountain Open Space to ensure the legacy of all those who either purchased, donated,
or otherwise contributed to this community asset. All City and County owned lands on
Smuggler Mountain were combined in this plan and considered part of the greater Smuggler
Mountain Open Space.
DISCUSSION: The City of Aspen and Pitkin County Open Space and Trails embarked on the
collection of data for the aspects located within the management plan. Specialists were hired in
2007 to research, study and synthesize into a report the baseline information. To further strengthen
the basis of the management plan, public and agency involvement was utilized to ensure full
representation of those parties interested in Smuggler. Three public work sessions and aweb-based
survey were conducted to provide for public input. The first work session on July 31, 2007,
introduced the management plan process, reviewed existing conditions of the area, and identified the
public's desires and concerns surrounding the future use of the area. Following this initial public
meeting, the City and County launched aweb-based survey to allow input from members of the
public who could not attend the public sessions. The second work session on August 28, 2007, again
introduced the management plan process and provided an opportunity for the public to share their
vision for the uses and goals of the property.
In addition to public workshops, technical expertise and user interests were solicited from the
following agencies; Colorado Division of Wildlife, USFS, Aspen Valley Land Trust, Roaring
Fork Mountain Bike Association, Aspen Historical Society, Smith Environmental, and the
adjacent property owner, the Estamar Trust.
The development of the management plan focused on understanding the current recreational
needs and public concerns. The draft plan was completed and opened to the public for comment
in June of 2008. Public comment included three public meetings: July 28`t', August 11`}',
September 8, 2008, and a public web survey. The original draft plan went through several
changes based on the comments received from the public, adjacent property owners and other
interested parties. The public and Open Space Boards emphasized that the acquisition of
Smuggler Mountain was to protect the existing recreational aspects of the property.
The management plan is a comprehensive review of the natural resources and recreational
resources and the critical balance of these uses. The plan addresses and provides direction in the
areas of:
• Restoration
• Mine Reclamation
• Forest Management
• Noxious Weed Management
• Wildlife Management
• Management for the Protection of Threatened and Endangered Species
• Recreation Management Areas
• Infrastructure
• User Interaction
• Trail Maintenance and Construction.
3
• Enforcement
• Historical Resource Management
• Special and Commercial Use Permits
The Boards and Staff feel the current management plan provides the appropriate balance
between recreation and ecological needs of the property.
The plan was officially adopted by the City and County Open Space Boards during a joint
meeting held on October 16, 2008. The City Open Space Board voted 3-0 in favor of
recommending adoption of the plan to City Council. The plan's final step is for the adoption by
City Council.
FINANCIAL IMPLICATIONS: At the time of the Wilkinson purchase, the City of Aspen
City Council and the Board of County Commissioners, with support from the Open Space
Boards, approved the necessary funds to develop the management plan and, once adopted, to
implement the plan. These funds include an allocation in the Parks and Open Space Fund to
provide restoration and plan implementation in the 2009 budget that City Council has reviewed
and approved.
ENVIRONMENTAL IMPLICATIONS: The management plan will allow Staff to implement
critical repairs and restoration efforts on the entire parcel. These efforts will address the safety
of users, improve the quality of the natural vegetation, and manage the forest and wildlife
habitat. Management and improvements to these areas will provide a direct positive impact on
the environment and improve the quality of the public experience. Failure to implement these
basic management needs will result in an managed recreation area and an increased decline of
the property and will further compound the issues for management in later years.
CITY MANAGER COMMENTS:
Attachment(s):
A -Completed Management Plan
4
RESOLUTION NO. Cl `.~
Series of 2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING AND ADOPTING THE SMUGGLER OPEN SPACE MANAGEMENT
PLAN, AND AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE
SAID PLAN ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a management plan for
Smuggler Open Space as officially adopted by the City and County Open Space Boards,
a true and accurate copy of which is attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ASPEN, COLORADO:
That the City Council of the City of Aspen hereby adopts and approves that
Smuggler Open Space Management Plan, a copy of which is annexed hereto and
incorporated herein, and does hereby authorize the Mayor or City Manager to execute
said plan on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the day of , 2008.
Michael C. Ireland, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council of the
City of Aspen, Colorado, at a meeting held on the day hereinabove stated.
Kathryn S. Koch, City Clerk
C:\Documents and SettingsUcarenk\Local Settings\Temporary Internet Files\OLK89\Smuggler Open Space Management Pian.doc
mugeler Manaeement Plan 2008
TABLE OF CONTENTS
Smuggler Mountain Open Space
Management Plan
1. INTRODUCTION
1.1 Purpose and Objectives of the Plan ........................................................................ 4
1.2 Scope and Organization of the Plan ....................................................................... 5
1.3 Planning, Public and Agency Involvement ........................................................... 5
1.4 Continuing Public Input ................................................................... 6
2. EXISTING CONDITIONS
2.1 Overview ............................................................................................................... 6
2.2 Climate .................................................................................................................. 6
2.3 Topography ........................................................................................................... 7
2.4 Geology and Soils ................................................................................................. 7
2.5 Hydrology ............................................................................................................. 7
2.6 Vegetation ............................................................................................................. 8
2.7 Wildlife ................................................................................................................. 9
2.8 Visual Resources ................................................................................................... 10
2.9 Historical Resources .............................................................................................. 10
2.9.1 Mining Resources ................................................................................... 11
2.9.2 Mine Ecology .......................................................................................... 11
2.10 Adjacent Land Use ................................................................................................ 11
2.11 Access ................................................................................................................... 12
2.12 Public Facilities .................................................................................................... 12
2.13 Recreation Use ..................................................................................................... 13
2.14 Enforcement ................................................................................ 14
3.OPPORTUNITIES, CONSTRAINTS, AND PLANNING ISSUES
3.1 Overview ................................................................................................................. 14
3.2 Natural Resource Opportunities, Constraints, and Planning Issues ....................... 14
3.3 Outdoor Recreation Opportunities, Constraints, and Planning Issues ................... 15
3.4 Natural Resource and Historical Education Issues and Concerns .......................... 15
4. SPECIFIC MANAGEMENT ACTIONS
4.1 Overview ................................................................................................................ 15
4.2 Natural Resource Management .............................................................................. 16
4.2.1 Restoration .............................................................................................. 16
4.2.2 Mine Reclamation ................................................................................... 17
4.2.3 Forest Management ................................................................................. 17
4.2.4 Noxious Weed Management ................................................................... 19
4.2.5 Wildlife Management .............................................................................. 20
4.2.6 Management for the Protection of Threatened and Endangered Species 21
4.3 Recreation Management ........................................................................................ 21
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City of Aspen and Pitkin County Open Space and Trails
Sm ~ler Management Plan 2048
4.3.1 Recreation Management Areas ................................................................. 22
4.3.2 Infrastructure ............................................................................................ 23
4.3.3 User Interaction ....................................................................................... 23
4.3.4 Trail Maintenance and Construction ........................................................ 23
4.3.5 Enforcement .............................................................................................. 24
4.3.6 Historical Resource Management ............................................................ 25
4.3.7 Special and Commercial Use Permits ...................................................... 26
4.4 Natural Resource and Historical Educational Opportunities .............:..................... 26
5. APPENDIX
5.1 Maps ........................................................................................................................... 28
5.1.1 Site Location .............................................................................................. 29
5.1.2 Property ...................................................................................................... 30
5.1.3 Vegetation .................................................................................................. 31
5.1.4 Historical Site ........................................................................ 32
5.1.5 Current Recreation .................................................................. 33
5.1.6a Noxious Weeds ....................................................................................... 34
5.1.6b Noxious Weeds .................................................................... 35
5.1.7 T&E Species, Moonwort ............................................................................... 36
5.1.8 Proposed Recreation .................................................................................... 37
5.2 Title 12 ........................................................................................................................ 38
5.3 Historical Assessment Report ..................................................................................... 46
5.4 Summary of Public Meetings and Citizen Surveys ..................................................... 46
5.5 Biological Resources Report ....................................................................................... 46
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Smueeler Mana ement Plan 2~8
1. INTRODUCTION
Many Aspen residents maybe unaware of the fact that significant urban development could have
enveloped not only Smuggler Mountain, but Hunter Creek as well. Imagine the fact that in the late
nineteen sixties, much of Smuggler and Hunter Creek were owned by McCullough Oil Company and a
handful of other private owners. The Hunter Creek lands were largely acquired by the USFS, with some
critical assistance from Pitkin County, the City of Aspen, and the Aspen Valley Land Trust, who jointly
secured the Hummingbird and the Little Chief inholdings. These three local partners would also lead
the way in protecting Smuggler Mountain.
Although the negotiations with Wilk Wilkinson may have dominated the public's imagination, the effort
to secure the mountain began much earlier in 1974 when Herbert Bayer donated ten acres to Pitkin
County. This land encompasses the flat area on the top where the old "circle track" used to be. Over the
next thirty three years, the County, AVLT, and the City would continue to piece together the mountain.
Indeed, our efforts in that regard are continuing as some private land remains threatened by development
on the face.
In 1979, in settlement of a lawsuit, the County accepted the 6.9 acre Silver Brick mining claim on the
lower face. Two years later, Frederic (Fritz) and Fabienne Benedict donated two mining claims to
AVLT: the 8.21-acre Grand Turk Mining Claim and the 9.9-acre Pontiac Mining Claim, both on the
uppermost slopes on the eastern edge. The claims have never been mined and remain undisturbed. The
claims are surrounded on three sides by the White River National Forest and maybe exchanged to the
Forest Service to consolidate administration of public lands.
In the late eighties, McCullough Oil Company sold its Smuggler lands to Wilk Wilkinson, precipitating
a twenty year negotiation over potential development. The winds shifted in 1991, again through the
generosity of the Benedicts, who donated Verena Mallory Park to AVLT. This small park on the
northwest flank of the mountain includes the upper bridge of the Hunter Creek Trail. One of the reasons
the Benedicts donated the park was to compensate the Aspen community for the loss of the Marolt Open
Space due to development of a subdivision on a 72-acre tract owned by the Benedicts. In 1998 the park
was renamed in honor of the daughter of Howie Mallory, who died unexpectedly at age five. Mallory is
a former board member of AVLT.
On a more ominous note, in 1998 Wilk Wilkinson sought to close Smuggler Road, an action which
precipitated a lawsuit with Pitkin County over public access. This suit was eventually settled with an
agreement that protected public access on the main road through to Warren Lakes.
In 1993, Fritz and Fabienne Benedict again generously donated a 10.06-acre strip of land on the north
flank of the mountain to Aspen Valley Land Trust. This property was later named Emilee Benedict
Park, after the death of the donors' daughter. On an adjacent 53 acres, the Benedicts then donated a
conservation easement that reserved a single homesite. The Benedicts had purchased this "Estamar"
property from a Basque sheep rancher in the fifties. To this day, the house there is the only one that has
been placed on the upper mountain, and is surrounded by lands protected by the AVLT conservation
easement. In this year, the Alleys traded the 20 acre Rainstorm and Snowstorm mining claims to Pitkin
County in exchange for a part interest in property in town.
City of Aspen and Pitkin County Open Space and Trails
Smu ler Manaeement Plan 20 8
Five years later, in 1998, the City of Aspen made the first of its Smuggler acquisitions, paying $370, 209
for the 9 acre Mascot 99, which lies at the base of Smuggler Mountain Road. The Pitkin County Open
Space and Trails program had been approved by the voters in 1990, with some thought to accelerating
the work of preserving Smuggler Mountain. The first opportunity for the County's program to act came
in 2000, when Harley Baldwin agreed to donate his interest in the 10 acre Little Maud Claim which
includes the ever popular observation deck. To secure this donation, $550,000 thousand was paid to
Guard Moses to purchase his interest in the same property.
In 2002, another private gift of land occurred when Ramond and Camilla Auger donated the one acre
Cora Lee claim which lies at the base of the mountain on the edge of the Little Maud. The following
year, the City and County programs teamed up to purchase 20 acres (the Axtel and Protection Loads)
which the Benedicts had conveyed to the Music Associates of Aspen as a form of an endowment. This
$650,000 purchase was offset by the sale of a TDR for $175,000.
In 2005, the City and County were finally able to secure an agreement with Wilk Wilkinson, and jointly
paid $15 million, $7.5 million each, from their respective open space funds to secure the 170 acre core
of the Smuggler Mountain Open Space. A conservation easement was placed on this land and is held by
the AVLT. This purchase remains the largest sum paid by local government in the Roaring Fork Valley
for an open space to date. The same year, pursuant to an earlier arrangement involving the Little Maud,
the estate of Harley Baldwin donated the 10 acre B&M mining claim.
The number of private parcels that could threaten development on the mountain was finally dwindling
down to a last few. In 2006, the City of Aspen agreed to purchase 24 acres that had belonged to Wilk
Wilkinson's wife, Tulasi, for $3,400,000. This purchase was comprised of the Contraband, Result, and
Della S mining claims, and a conservation easement was granted to AVLT to assist the seller with tax
benefits at the time of the sale. This transaction was completed in 2007, a year which ended with the
City and County paying an additional $500,000 to the Wilkinson estate for all remaining mineral rights
and a part interest in a surface right that the estate had reacquired after the completion of the 2005
transaction.
The goal of this management plan is now to provide a framework for managing Smuggler Mountain
Open Space to ensure the legacy of all those who donated their lands, or otherwise contributed to this
stunning community success story. To that end, we dedicate this plan to Fritz and Fabienne Benedict,
Harley Baldwin II, Herbert Bayer, Ramond and Camilla Auger, and the citizens of the City of Aspen
and Pitkin County. All City and County owned lands on Smuggler Mountain are combined in this plan
and called Smuggler Mountain Open Space (Smuggler).
1.1 Purpose and Goals
Purpose
^ Provide an accurate and complete description of the property and existing conditions.
^ Determine the management objectives for Smuggler.
^ Outline the program and policy guidelines that will direct the management and use of Smuggler.
Goals
^ Protect, manage, and enhance the natural, geologic, cultural, and visual resources including
maintaining and promoting healthy ecosystems and their essential components and processes.
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City of Aspen and Pitkin County Open Space and Trails
Smuegler Management Plan 2008
Provide and promote safe and enjoyable outdoor recreation opportunities.
Provide educational opportunities regarding the values of the surrounding natural, geologic,
cultural, and visual resources and the importance of responsible use and stewardship of the land.
Define implementation policies, programs, and responsibilities for the above goals as well as
provide specific implementation steps where appropriate.
1.2 Scope and Organization
The Management Plan for Smuggler contains three major sections:
1. A review of existing conditions, including natural, cultural, and historical resources
2. A discussion of opportunities, constraints, and planning issues related to the management of
the land.
3. A management plan addressing existing conditions, opportunities, constraints, and planning
issues.
The use and management of all the City and County owned properties on Smuggler Mountain will be
combined into one plan, which provides seamless management for the entire mountain, referred to as
Smuggler.
1.3 Planning, Public, and Agency Involvement
The City of Aspen (City) and Pitkin County Open Space and Trails (County) embarked on the collection
of data for the aspects located within this management plan. Consultants were hired to research, study
and synthesize into a report the baseline information. Baseline data collection took place between
August 1, 2007, and December 15, 2007.
Public and agency involvement was utilized to ensure full representation of those parties interested in
Smuggler. Two public work sessions and aweb-based survey were conducted to provide for public
input. The first work session on July 31, 2007, introduced the management plan process, reviewed
existing conditions of the area, and identified the public's desires and concerns surrounding the future
use of the area.
Following this initial public meeting, the City and County launched aweb-based survey to allow input
from members of the public who could not attend the public sessions (Appendix 5.4). The second work
session on August 28, 2007, again introduced the management plan process and provided an opportunity
for the public to share their vision for the uses and goals of the property.
In addition to public workshops, technical expertise and user interests were solicited from the following
individuals, agencies, and staff:
Name, Affiliation, Expertise
• Brent Allred, United States Forest Service, Recreation Technician (Special Uses/Trails)
• John Armstrong, Pitkin County, Open Space and Trails Ranger
• Rebecca Cooper, Smith Environmental and Engineering, Cultural Resource Technician
• Stephen Ellsperman, City of Aspen, Parks and Open Space Director
City of Aspen and Pitkin County Open Space and Trails
Smueeler Manaeement Plan ~nno
• Brian Flynn, City of Aspen, Open Space and Special Projects Manager
• Brian Kelly, Smith Environmental and Engineering, Landscape Architect/Restoration Ecologist
• Paul Krabacher, Colorado Division of Reclamation Mining and Safety, Associate
• Tim Lamb, United States Forest Service, Forestry Technician (Dispersed Recreation/Wilderness)
• Brian Long, City of Aspen, Open Space and Parks Ranger
• Jonathon Lowsky, Colorado Wildlife Science, LLC, Wildlife Biologist
• Members of the Public, Public Meetings and Web Survey
• Martha Moran, United States Forest Service, Recreation Staff
• Jay Parker, Smuggler Mountain Mine Corp., Miner/Historian
• Gary Tennenbaum, Pitkin County, Open Space Land Steward
• Mindy Wheeler, WP Natural Resource Consulting, Inc., Ecologist
• Dale Will, Pitkin County, Director of Open Space and Trails
• John K. Williams, Smith Environmental and Engineering, Archeologist
• Jeff Woods, City of Aspen, Parks and Recreation Manager
• Austin Weiss, City of Aspen, Trails Coordinator
• Roaring Fork Mountain Bike Association, RFMBA, At Large User Group
1.4 Continuing Public Input
Both City and County Open Space and Trails programs regard all management plans as living
documents, and will consider comments or proposed changes at any time. Any such comments will be
brought to the attention of both the City and County Open Space and Trails Board for discussion of an
appropriate response, including potential changes to the plan.
2. EXISTING CONDITIONS
2.1 Overview
Smuggler is situated on the northwestern-most flank of Smuggler Mountain in unincorporated Pitkin
County. It is embedded within a landscape that transitions from an urban to a rural national forest
landscape. The northern and eastern portions of the property are bound by the White River National
Forest, which is under the administration of the USDA Forest Service and by the lands on the west that
are under private ownership. Smuggler Mountain provides a home for a large portion of Aspen's
historical mining past, provides year-round recreational opportunities, and protects native Gambel
Oak/Pinon Pine/Juniper habitat. The acquisition of the properties, which make up Smuggler,
accomplished the goal of acquiring private parcels in order to protect wildlife habitat, view sheds, and to
allow for continued outdoor recreational opportunities.
2.2 Climate
Smuggler is located to the north of the City of Aspen and generally has a west to southwest exposure. It
has a highly variable climate that is prone to sudden change. In general, the climate can be characterized
as semiarid with a strong seasonal variation in temperatures, abundant sunshine, and relatively low
precipitation. The average maximum daily temperature is in the mid 60s to low 70s (F) from April to
September, with the daily average maximum reaching approximately 79 degrees in July and August.
City of Aspen and Pitkin County Open Space and Trails
6
mu ter Manaeement Plan 20d~
High temperatures occasionally exceed 90 degrees, but nights are generally cool, with an average low
during the summer months in the mid 40s. Winters are generally cold but are characterized by
substantial swings in temperature. January is the coldest month with an average daily maximum of 33
degrees (F). However, high temperatures in the 40s are not uncommon even in the winter months,
supporting year-round recreation on Smuggler Mountain Road. Average annual precipitation is 19
inches, with the highest amount occurring mostly between May and September. Average annual
snowfall is approximately 150 - 200 inches.
2.3 Topography
Elevations of Smuggler range from approximately 8,129 feet to 9,698 feet above mean sea level.
The topography of Smuggler varies from relatively flat to very steep with a perennial, unnamed draw
meandering southeast to north across the eastern side of the property. Aspects are primarily northerly to
westerly with some areas facing southerly as well. The upper and north facing portions of Smuggler are
forested while shrub lands dominate the lower and southerly facing aspects. The natural topography and
dense vegetation located on a majority of the front of the mountain does not lend itself to recreational
uses.
2.4 Geology and Soils
Smuggler Mountain is composed of rock of the Precambrian era, whereas the lower slopes of Smuggler
Mountain are composed of glacial deposits from the Pleistocene era. The geologic history of the area
includes periods of encroaching and retreating seas, above and below ground volcanic activity, and
glaciation -all with a consistent force of erosion throughout time. The vegetation on Smuggler
Mountain is generally rooted in these erosional materials -alluvium, residuum and/or colluvium-derived
from metamorphic or sedimentary rock of mixed mineralogy. In a typical profile the top four inches is a
very dark grayish brown loam, whereas the following substratum is much coarser material made up of
gravelly sandy loam over cobbly loamy sand, which then becomes very cobbly loamy sand with the
lower part as much as 60 inches of gravelly sandy loam. Permeability is rapid or very rapid with low
available water capacity creating an effective rooting depth of 60 inches.
Characteristics of soil are important to understand for development of a vegetation management plan, re-
vegetation success, and trail construction and maintenance. Further detail of the geology and soils and
descriptions are available in the Biological Resources Report (Appendix 5.5).
2.5 Hydrology
The property contains one unnamed perennial spring that flows from the northeast and is fed by natural
springs. The water source and its associated plant communities are important habitat for wildlife on
Smuggler. In the past, the previous property owner used the water for irrigation and drinking. The
entire property sits adjacent to Hunter Creek but does not have any direct benefits resulting from this
proximity.
City of Aspen and Pitkin County Open Space and Trails
7
Smueeler Management Plan 2008
2.6 Vegetation
The research and surveys conducted by WP Natural Resource Consulting (WP NRC) demonstrate that
Smuggler has a large diversity of vegetation communities, which are a result of a combination of
historic land uses, slope, aspect, and elevation. Vegetation types are in various stages of development
and succession throughout the site. Much of the property is in good condition consisting of intact,
native vegetation communities typical of the surrounding area, soils types, slopes, and elevation. There
are a few smaller areas that reflect impacts from past land use activities such as mining and residential
use. Impacted areas are now being dominated by invasive species.
Dominant vegetation types include aspen forest, lodgepole pine forest, mountain shrubland, riparian
shrublands, aspen/conifer forest, and Douglas-fir forest (Appendix 5.1.2). Each of these vegetation
types is further detailed with quantitative information about the vegetation cover of dominants of each
vegetation type in the Biological Resources Report (Appendix 5.5).
In order to accurately characterize the vegetation on Smuggler, WP NRC walked the entire property
before placement of seven quantitative transects. This was to assure proper placement in locations that
were representative of the most common vegetation community types that would yield the most useful
vegetation data for management purposes. Fieldwork took place on August 1-4 and August 13, 2007.
The current recreational effects are indirect as the habitat has already been altered and the affected
species have adjusted. New recreation development that is not appropriately placed based on the
vegetation characteristics of Smuggler will have a large impact and be detrimental to the intact native
stands.
Vegetation Communities:
• Mountain Shrubland Communities -All mountain shrubland communities are located on the
steep lower elevation slopes of the Smuggler parcel and dominated by Gambel Oak communities
at the lower elevations; vegetation communities are dominated by oak brush with strong
components of both Utah and Saskatoon serviceberry, sagebrush and bitterbrush. These
communities are in good to excellent condition. The species diversity, age class structure, and
health of the vegetation in these shrublands are all appropriate for the climate, slope, and aspect
of this location, and the diversity in these areas is exceptional and serves an important role for
wildlife habitat. Additionally, invasive species are absent from these communities thus far.
Aspen Communities -Aspen (Populus tremuloides) stands are found at higher elevations. In
some of these aspen communities, subalpine fir (Abies lasiocarpa) and Engelmann spruce (Picea
engelmannii) are encroaching, whereas other aspen stands appear to be persisting and
regenerating without a conifer component. Aspen is a common dominant vegetation community
type at Smuggler. Aspen can grow on most soil types, but are most vigorous in areas with
somewhat fertile soils and sufficient moisture. Smuggler appears to have both successional
aspen stands such as those in the gently sloping area around the old Wilkinson residence, and
persistent aspen stands such as those found in the upper elevations and some of the steep slopes
of the parcel. The condition of these aspen stands is good to excellent as species diversity, age
class diversity, and plant health is likely above average. The past land use disturbances of
8
City of Aspen and Pitkin County Open Space and Trails
Smueeler Manaeement Plan 2008
mining and logging, however, likely stimulated abundant aspen sprouting and re-growth, putting
the abundance and density of aspen in this area on the high range of its natural variability. Areas
which contain conifer in the aspen stands signify natural succession and will likely continue until
the next substantial disturbance at which time the aspen will again aggressively resprout.
Lodgepole Pine Communities are found on the north-facing upper elevation slopes, and
lodgepole pine (Pinus contorta) forests are dominant. Some of these lodgepole pine stands,
however, have strong components of Douglas fir (Pseudotsuga menziesii), subalpine fir, and
some Engelmann spruce, likely due to a combination of previous logging, fire suppression, and
slight differences in habitat characteristics. Additionally, the understory of the lodgepole often
has strong components of Scouler's willow (Salix scouleri) and buffaloberry (Shepherdia
canadensis).
Douglas Fir Communities (Pseudotsuga menziesii) are found on the lower part of some north-
facing steep slopes in the upper elevations of the parcel. Although small and somewhat isolated,
these stands are in good to excellent condition. Conifer species diversity is particularly high,
creating a highly resistant stand to a number of forest pests. The age class structure of these
species is also good, as there is a fair amount of regeneration within and around this stand of
Douglas fir.
2.7 Wildlife
Smuggler provides habitat for over 138 wildlife species, some of which are permanent residents while
others pass through the area on an occasional or seasonal basis. The wildlife habitat on the property is in
fair to excellent condition providing the resources to support an abundance of species of wildlife. The
Colorado Wildlife Science biologist conducted field surveys of Smuggler in August 2007. Further detail
of the wildlife and its habitat is available in the Biological Resources Report (Appendix 5.5).
Based on the brief wildlife surveys conducted for this effort, it appears that Smuggler provides habitat
for a diverse array of mammals and birds as well as a few herptiles:
Mammals: Forty-five mammal species are known or suspected to occur on Smuggler. These mammals
fall into two general categories -those that use the property to satisfy all of their life history
requirements spending most of their lives on the property (e.g., small mammals) and others that
incorporate the property into a greater home range (e.g., ungulates, carnivores). Small mammals are an
important component of the ecological communities at Smuggler. In addition to their direct contribution
to species richness, they play a major role in predator/prey dynamics, consuming plant material and
invertebrates, and in turn serving as prey for a number of species of snakes, raptors, and small to mid-
sized mammalian carnivores. Nine species of carnivores are known to occur and one, Canada lynx, may
occur at Smuggler. They are the American marten, long- and short-tailed weasel, striped skunk, Canada
lynx, bobcat, mountain lion, coyote, red fox, and black bear.
Birds: Eighty-eight bird species are known or suspected to occur on Smuggler. The bird population at
Smuggler is home to a relatively high proportion of birds that rely on specific habitats for survival. This
is an indication that Smuggler, in its current state and current level of human activity, does indeed
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provide effective habitat and range for a wide variety of important indicator species and general bird
populations.
Species of Special Desi nation: Smuggler also includes species that are considered rare and/or
imperiled, species of concern, and sensitive species and may include one species, Canada Lynx,
federally listed as "threatened." Residential development in the Aspen area is creating a migratory
bottleneck and causing the direct and indirect loss of important habitat. The potential to disrupt wildlife
habitat and behavior is significantly increased by the increased human activity in areas that formerly
provided respite.
2.8 Visual Resources
The Smuggler property is highly visible from many points within the City of Aspen. The land can be
seen from Highway 82 as far back as Brush Creek Road, from homes, from Aspen Mountain, Aspen
Highlands, Buttermilk Mountain, and from the USDA Forest Service public lands surrounding the City.
The majority of the view is the face of the open space, which is bisected by the county road. Within the
view are a variety of trees, grasses, and shrubs, which create a mosaic of color and texture that change
with the light and the seasons. The south facing and upper portions of the open space are dominated by
stands of Aspen which contrast with the coniferous forest creating a distinct visual interest of the
landscape during the changing of the seasons. From the site, users can enjoy views of the entire City of
Aspen, longer-range vistas of the four ski areas, and Mount Sopris.
2.9 Historical Resources
The rich mining history of Smuggler started in 1880 with the partnership of B. Clark Wheeler and
Charles Hallam who purchased the rights to the mine claim, The Smuggler. Exploration of the claim
showed that The Smuggler had some promise for production of a significant amount of low-grade ore.
This discovery drove much of the development at the base of Smuggler Mountain with the addition of a
train stop and smelting plant. With the increase in activity on and around Smuggler Mountain, the
Standard Mining Company formalized Smuggler Mountain Road. Aspen's silver mines began in 1887
and in a short six-year period, eight mines would dominate the Aspen mining scene, of which three
resided on Smuggler Mountain. After the Sherman Act of 1893 (the demonetization of silver), all
activity on Smuggler Mountain ceased except for some work in the Smuggler Mine. Not until the late
1940s did activity in and around Aspen begin to increase. Except for recreational users, Smuggler
Mountain remained quiet and held in private hands.
Smith Environmental and Engineering (SEE) was contracted by the City and County to perform an
historical assessment of the entire Smuggler property and several adjacent properties. The goal was to
identify any historical features or resources, which might be valuable to protect and manage in the
management of the entire property. The existing evidence of mine shafts, adits, and collapsed stopes as
well as trail segments and ditches, could potentially be considered historical; but SEE determined that
the lack of evidence for historical context of these sites removes them from the need to register or
protect them as historical resources.
Since Smuggler Mountain was historically used for intense mining, large amounts of waste and debris
were left behind from operations. These abandoned materials and structures caused significant impacts
to a large portion of the newly-acquired property. In order to mitigate the impacts, the City and County
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started an intensive reclamation project to restore Smuggler to a natural condition that is safe for
recreational uses and provides additional wildlife habitat. Currently, the City and County have closed
off these areas due to the multiple open mines, mining hazards, and as-yet unidentified resources. Part
of this management plan will explore the opportunities to open the closed area based on the ability to
increase recreational uses and the successful restoration of the impacts.
The City and County worked with the Aspen Historical Society to collect and catalogue all of the
historical materials prior to a scrap and trash clean up. These materials are available for viewing by
appointment only through the City or County at the Aspen Historical Society. During the summer of
2006, a private contractor, hired by the open space programs, removed all of the scrap and trash left
behind by previous landowners. These materials were recycled or land-filled when appropriate. In 2008
and 2009 the final stages of the reclamation projects will involve alarge-scale native vegetation
restoration of the impacted areas.
Through out the historical use of the property there were many different structures located within the
Smuggler property. Many of the structures are degraded due to lack of maintenance and some were torn
down due to building code violations. Several older structures are visible in the Aspen forests and one
structure, built by a squatter, still stands today.
2.9.1 Mining Resources
Smuggler is encumbered with at least six known mineshafts. These are the: Iowa Shaft, Boulder Shaft,
Bushwacker, Park Regent, Drill Rig Shaft, and an unnamed shaft. These shafts, in their current
condition, present an immediate health and safety concern for public access. Three of the mineshafts are
located within the closed area; they are the Park Regent, Bushwhacker, and the Drill Rig shaft. The
Iowa Shaft, the Boulder Shaft, and the unnamed shaft are all located outside of the closed area. The
Iowa Shaft is located next to the Hunter Creek Cutoff Trail. None of these mines or open pits is in the
State Historical Register, and the State Office for Mine Safety and Reclamation has identified all for
closure. Other activities such as logging and trade corridors were essential to the mining heritage and
town growth, but no records have provided geographical locations of these endeavors on Smuggler
Mountain. Further details about the scope and extent of the mining history and its importance are
available in Historical Assessment Report (Appendix 5.3).
2.9.2 Mining Ecology
There are several areas located within the Wilkinson purchase, which have seen many years of a variety
of land uses including mining in the 19th Century and private development. In many of these disturbed
areas, old mine waste areas and/or old roads are still devoid of vegetation and have been invaded by
noxious weeds. A total of approximately six acres is in this poor condition. Comprehensive restoration
of these mine waste or old roads will likely need to involve geotechnical studies, soil tests, and soil
amendments, in addition to a full weed control plan. A majority of the forested areas are second-growth
trees having been logged for the historical mining activities.
2.10 Adjacent Land Use
Southwest of Smuggler is the City of Aspen and multiple, planned unit developments. The largest of
these developments is Centennial Affordable Housing and the Silverlode Mixed Use Development. At
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the base of the property sits both Molly Gibson Park, a county owned public park managed by the City
of Aspen, and the Smuggler Mine Corporation (SMC). SMC is a private operation, which runs
historical mine tours into the mines and actively mines some of the property. The northwestern border
of Smuggler is directly adjacent to the Hunter Creek Valley, which is owned mostly by the USDA
Forest Service, but contains multiple private parcels, City and County publically owned parcels, and
privately protected parcels by the Aspen Valley Land Trust. Public lands administered by the USDA
Forest Service bind the northeastern, eastern, and southern portions of the property and BLM owned and
managed lands. Since the majority of the border with Smuggler is USDA Forest Service lands the
management of both will be similar. This management plan has been created with input from the USDA
Forest Service.
2.11 Access
Smuggler is accessible via Smuggler Mountain Road, an unimproved dirt road that requires four-wheel
drive and higher clearance for vehicles. Access by vehicle, foot traffic, and recreational vehicles can be
gained by ascending Smuggler Mountain Road, a 1.6-mile long road managed by Pitkin County Road
and Bridge and Open Space and Trails. At the top of the open space, multiple non-motorized trails
provide access through the property and into national forest lands. Alternately, access to Smuggler can
be achieved via the Hunter Creek Trail and Lani White Trail. Several recreational trails ascend out of
the valley floor up into the upper portions of the Smuggler, connecting with the county road back into
Aspen.
2.12 Public Facilities
Smuggler Overlook: In 2003, the County sponsored a Roaring Fork Outdoor Volunteer project that
redesigned and installed a new viewing platform located at the intersection of Smuggler Mountain Road
and the Hunter Creek Cutoff Tail (Appendix 5.1.5). This project also restored the area and created a
single access point into and out of the viewing area. The platform offers 270-degree views, east towards
Independence Pass and west towards Mount Sopris, providing vistas as far as Sunlight Mountain.
Picnic Area: Continuing along Smuggler Mountain Road, past the Smuggler Overlook is a picnic area
also created during the 2003 Roaring Fork Outdoor Volunteer Project (Appendix 5.1.5). The picnic area
is located in the old "racetrack" that was heavily degraded by motorized vehicles. The area around the
picnic area was restored and a fence installed to direct motorized users to stay on Smuggler Mountain
Road.
Trailheads: The trailhead for Smuggler is off of Park Circle at the base of Smuggler Mountain
(Appendix 5.1.8). Parking control will be coordinated with local law enforcement in order to maintain
parking spaces for Smuggler Mountain users only and no overnight parking.
Parking for the Hunter Creek Trail is on-street parking along Lone Pine Road or at Bureau of Land
Management trailhead on Hunter Creek Road off of Red Mountain Road (Appendix 5.1.8).
Trail Infrastructure: There are very limited facilities along Smuggler Mountain Road and on Smuggler.
Currently, there are three dog waste stations along the road, two information kiosks, one bench next to
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the observation platform, and a picnic table in the picnic area. The information kiosks contain a map of
the property and provide information about the status of the management plan.
2.13 Recreational Use
At present the majority of the recreational use takes place along Smuggler Mountain Road and the
Hunter Creek Cut-off Trail. Average summer use on Smuggler Mountain Road is over 400 users per
day. The road is owned by the Pitkin County General Fund and is jointly managed by Pitkin County
Transportation and Open Space and Trails Departments. The road passes through Smuggler and
continues to Warren Lakes. There are numerous spur trails and social trails that traverse the property
and will be addressed in this plan.
Summer recreation on Smuggler Mountain is enormously popular with the majority of users starting
from Park Circle and hiking, hiking with dogs, running, and/or mountain biking to the observation
platform. Other users include off-road motorized vehicles, hunters accessing USDA Forest Service
lands, and equestrians.
From the observation platform, non-motorized users can access the Hunter Creek Cutoff Trail to reach
the Iowa Shaft Trail and all the Hunter Creek Valley trails. The Hunter Creek Cutoff Trail is located on
both Smuggler and USDA Forest Service land.
Winter recreation includes hikers, snowshoeing, sledding, snowmobilers, and backcountry skiers.
Backcountry skiers use parts of the trails through the property as well as the road for access to the 10th
Mountain System Benedict Huts.
In 2006, Staff worked with the 10`h Mountain Hut System to relocate the but trail from the Hunter Creek
Cutoff Trail to the Smuggler Loop Trail. This provided a more direct route through the property and a
more scenic and backcountry experience for the but users. This trail is open year-round and is available
to all non-motorized users.
Public meetings were held to discuss the future recreational uses of Smuggler and included all user
groups. The goal of the public meetings was to obtain data from all user groups and provide a baseline
of the recreation resource. The recreation baseline data will be incorporated into the other baseline data
being compiled, and then a recreation plan will be presented to the public. Detailed information on the
recreation baseline data is available in the Summary of Public Meetings and Citizen Survey section of
this plan (Appendix 5.4).
Current recreational use: (Appendix 5.1.5):
~ Smuggler Mountain Road - Managed by Pitkin County Transportation and Open Space and
Trails and all uses including motorized are allowed.
• Smuggler Loop Trail -Open to all non-motorized users.
• Hunter Creek Cutoff -Open to all non-motorized users.
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2.14 Enforcement
This management plan, and all other regulations pertaining to Smuggler, was prepared with public safety
as a primary goal. While the Pitkin County Sheriff's Department is ultimately responsible for law
enforcement, the City and County Open Space Rangers are responsible for the education and
enforcement of property regulations and assist the Sheriff's Department, other law enforcement
agencies, and Emergency Personnel in responding to public safety-related activity on the Smuggler. The
Open Space Rangers also provide visitor assistance along with responding to emergency and medical
needs. Smuggler is in unincorporated Pitkin County. Pitkin County Open Space and Trails Title 12
regulations apply to the property. City and County Staff are both authorized to enforce these
regulations.
3.OPPORTUNITIES, CONSTRAINTS, AND PLANNING ISSUES
3.1 Overview
During the management plan development process, input was received from Open Space Staff, technical
advisors, consultants, agencies, individuals, and the general public regarding opportunities, constraints,
and planning issues with the current existing conditions and future management of the property. These
issues are divided into three key components: 1) Natural/Cultural Resources, 2) Outdoor Recreation, and
3) Environmental Education.
3.2 Natural Resource Opportunities, Constraints, and Planning Issues:
Natural resource opportunities:
• Protect, manage, and enhance natural, cultural, and visual resources including maintaining and
promoting healthy ecosystems and their processes.
• Restoration of the impacted areas and mining operations, increasing the useable habitat with
direct benefits to wildlife.
• Work with adjacent landowners to manage the area for forest health by reducing fire risk, pine
beetle infestations, and noxious weed infestations. °
• Restore and improve watershed systems and drainage to mitigate erosion for improved stability.
• Develop a monitoring program for vegetation and wildlife on Smuggler
Constraints and planning issues:
• Some plants and animals maybe disturbed by additional recreational uses if not planned
properly.
• Invasion of noxious weeds could threaten the health of plant and animal life. A need to identify
and track control methods.
• Over mature and declining forest ecosystems can lead to more infestations and management
issues.
• Beetle infestations could increase fire hazards if insects are not controlled and fuels are not
managed.
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3.3 Outdoor Recreation Opportunities, Constraints, and Planning Issues:
Outdoor recreation opportunities:
• Provide and promote safe, enjoyable outdoor recreation opportunities while minimizing
detrimental impacts upon natural, cultural, and visual resources.
• Develop a Potential Recreation Area (Appendix 5.1.8) that provides opportunities for multiple-
use recreation while supplying a buffer for wildlife habitat.
• Develop amulti-agency management and sign package for both the Smuggler and the adjacent
federal properties.
• Education of trail users to enhance the enjoyment of all types of uses allowed. Explore
feasibility of user specific trails.
• Provide information of additional dog off-leash areas throughout the upper Roaring Fork Valley.
Constraints and planning issues:
• Existing mine shafts present an immediate and obvious safety hazard. Areas around the shafts
should be managed for public safety with proper signage, and maybe closed as part of the
restoration component. Mine shafts need evaluation and structural capping if necessary.
• Increased infrastructure can help to decrease the impacts of users by providing additional signs,
trash receptacles, and enforcement.
• Parking at the bottom of the access road has limited capacity and increased recreational
opportunities will increase impacts and challenge the capacity of this parking area.
• Some existing social/bandit trails pose undesired impacts to natural resources or surrounding
lands, and will need to be closed or removed.
3.4 Natural Resource and Historical Education Issues and Concerns:
Environmental Education opportunities:
• Provide educational opportunities regarding the values of the surrounding natural, cultural, and
visual resources and the importance of responsible use and stewardship of the land.
• Use existing kiosks to provide seasonal information regarding wildlife found on Smuggler.
• Identify and interpret historical mining opportunities.
• Promote volunteer assistance in education of trail/road uses to decrease user conflicts.
Constraints and lannin issues:
• Development of interpretive signage and kiosks may lead to vandalism and increased impacts
from user traffic.
• Creation of a volunteer program will require staff time for recruiting, training, and managing
volunteers.
4. SPECIFIC MANAGEMENT ACTIONS
4.1 Overview
To meet the purpose and objectives of the Smuggler Management Plan and to address the opportunities,
constraints, and planning issues brought forth by the public and staff, the management actions are
City of Aspen and Pitkin County Open Space and Trails
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Smu¢eler Manaeement Plan 208
divided into three main components: 1) natural resource management; 2) outdoor recreation
management; and 3) education opportunities.
These components, while addressed separately, are interrelated and will impact and influence the other
components. Smuggler is connected to other federal lands, which are under the management of the
USDA Forest Service; and therefore, the management of certain aspects of Smuggler will be integrated
with these lands and potentially managed jointly under one intergovernmental agreement.
4.2 Natural Resource Management
Natural resource management is the management of any activity that uses, develops, or protects the
natural resources on Smuggler. This management plan will outline the wildlife and vegetation studies
and the management implications of those studies. Wildlife and vegetation studies will continue to be
monitored and updated in order to track success or failure of the management practices.
4.2.1 Restoration
Through thorough analysis of Smuggler, it is quite evident that historical impacts to the resource have
had an effect on the ecological health of portions of this open space parcel. Impacts from resource
extraction industries such as mining and timber removal have had far-reaching effects on portions of the
property for decades. More recent impacts such as domestic activities and recreational use have been
just as noticeable on the property. Mapping and inventory efforts on Smuggler provide evidence that
resource damage that was created by the combination of these activities does not represent a huge
percentage of the land area acquired. However, there is widespread damage to the resource that does
have a net effect on the ecological health of the system.
Implementation:
Site Specific Restoration Plan: In order to ensure that ecological systems remain intact and
future degradation to the resource does not occur, a restoration analysis needs to be completed.
The following items need to be identified as a portion of this planning effort:
Through field surveys, remote sensing technology, and mapping exercises a thorough
inventory of impacted and degraded sites needs to be completed. A categorical establishment
needs to be associated with this inventory to place each impacted or degraded site into a
specific category which would include important data about the type of impact, size of
impact, priority of damage to the resource, restoration potential, and estimate of funding
required for restoration.
2. Utilizing natural resources inventory information, along-range planning effort will be
completed to place specific restoration project needs on a long-range plan and funding cycle.
At the conclusion of long-range planning, site-specific identification, planning, and
implementation will begin on an annual basis. Efforts that are a portion of the Site Specific
Restoration Plan effort will be in concert and directly coordinated with other key components
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of the Smuggler Management Plan to ensure no opportunities are lost in restoration efforts
such as the construction of a single-track trail on a road identified for restoration, etc.
4.2.2 Mine Reclamation:
Mine waste on the property will be studied to determine any potential toxic or heavy metal pollution.
There are several large mine waste piles that will need restoration and reclamation. Staff will work to
identify all waste and plan appropriately for the reclamation and restoration. Soil samples of the waste
material will be collected and investigated by ACZ Lab in Steamboat Springs. The lab results will help
determine the extent of the restoration for each site.
The property contains the Iowa Shaft, Boulder Shaft, Bushwacker, Park Regent, Drill Rig Shaft, and an
unnamed shaft. These shafts, in their current condition, present an immediate health and safety concern
for public access. At a minimum the City and County are required to "close" the mines. Minimum
closing procedures for the mines require each shaft to be fenced off and identified. To date all of the
identified shafts have been closed meeting minimum requirements provided by the Colorado Division of
Reclamation and Mine Safety (CDRMS). Each passed inspection by the local CDRMS representative.
During the restoration efforts Staff will work with the CDRMS in order to further study, map, and
permanently close the shafts. The CDRMS has identified the Park Regent, Iowa Shaft, and Bushwacker
for further exploration and a more significant closure, which includes specific protocols and restoration
of the site. Management of the mine sites will include restoring the historical context of each site and
interpretation of the site. Through a partnership between the State Reclamation Office and Historical
Consultants, each mine identified for closure will be done in manner that reflects the historical
significance of the mining era on Smuggler. Each site has also been surveyed to determine if there are
any wildlife using the shafts. All shafts are collapsed and do not contain bats.
Implementation:
1. Collect samples of all mine waste and send for testing.
2. Identify which mines will need to be further studied and explored; coordinate with the State
office of CDRMS prior to closing.
3. Develop and implement a plan to close and restore mines in conjunction with any large-scale
closures by the State office of CDRMS.
4. Coordinate with the CDRMS to reduce closures to only that necessary in order to balance the
need to protect the historical nature of the shafts. This would provide an educational opportunity
to view the old shafts.
4.2.3 Forest Management:
Forest management is an important component in maintaining the scenic quality and wildlife habitat on
Smuggler. Different types, quantities, and qualities of vegetation species will determine what birds and
mammals use the property and the attractiveness of the land from a visual perspective. Specific
management steps will incorporate best management practices in an effort to guide managers toward the
creation of a place that is safe, healthy, and attractive. Management should strongly consider all
ecological consequences of direct and indirect impacts to vegetation.
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After the analysis of the biological resources inventoried and described on the Smuggler property was
completed (Appendix 5.5), it was apparent that forest resources on the property play a pivotal role to the
fabric and matrix of the ecological associations on the parcel. Four distinct and separate vegetation
communities inventoried within the confines of Smuggler include a significant overstory forest
component including vegetation communities that were defined by the following dominant overstory:
• Gambel Oak (Quercus gambellii)
• Aspen (Populus tremuloides) Overstory Dominant Communities
• Lodgepole Pine (Pinus contorta) Overstory Dominant Communities
• Douglas-fir (Pseudotsuga menziesii) Overstory Dominant Communites
Within each of these dominant overstory types inventoried and described on the Smuggler parcels, there
were many specific plant associations that included a number of other typical upper elevation forest
species including Englemann Spruce (Picea englemanii) and Sub-alpine Fir (Abies lasiocarpa). The
analysis of the forest resources found on the Smuggler property provided an excellent picture into what
is a very diverse and evolving forest condition with multiple species and multiple overstory/understory
associations.
The vitality, function, and overall health of the forest resources on Smuggler parcels is an extremely
important component of the overall property and drives ecological and social systems which have been
protected with the purchase and subsequent management goals of the property. In order to provide the
best possible management of these forest resources, forest management planning specific to Smuggler
will be critical. Forest resources on this parcel of land are dynamic, and management planning for the
resource should also be dynamic, with specific action plans designed to accommodate specific changing
goals or changes or stressors on the resource. A successful forest management planning effort will
utilize scientific and technical ability and function with specific land-management and public goals for
this important resource, which is tied to the ecological health of the entire property.
Implementation:
1. Perform a Forest Resource Baseline Inventory: A specific inventory of the forest resources on
site needs to be completed in order to begin planning specific management goals and
prescriptions for forest resource protection and improvement. This inventory should include
aerial photography, field stand analysis, density analysis, age class analysis, percent species
overstory, forest associations, insect and disease analysis, fuel loading and fuels inventory, unit
partition, and all other items typically utilized in forest management activities that sound forest
management activities will be based on.
2. Develop a Forest Resource Management Plan: Utilizing specific data collected in the Forest
Baseline Inventory, a Forest Resource Management Plan will be created. The Forest Resource
Management Plan will combine all of the critical scientific data collected with the goals and
expected outcomes of the public and the land-management staff into one set of obtainable goals
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mueeler Management Plan 2~R
for the protection and continued health of the forest resource. The Forest Resource Management
Plan will also be vital for all decisions related to the property parcels including recreation and
other management related areas.
3. Forest Insect Planning and Action Plan: An important subset of the Forest Resource
Management Plan will include inventory and management prescriptions of insects and disease
which are of concern to the public and how they affect the values of Smuggler. Insects, such
Mountain Pine Beetle, have a .looming presence on the property and specific action items, based
upon scientific inventory and public direction, will be important to implement and guide the
management of forest on Smuggler.
4. Fire and Fuel Management Action Plan: Another important subset of the Forest Resource
Management Plan will include an inventory and management prescriptions for wildfire and fuel
loading. During the current analysis of the forest resources, it was quite evident that fire
suppression in a number of the vegetation communities inventoried has had a specific effect on
the forest health. Specific fire and fuel management activities prescribed in the Forest Resource
Management Plan should be implemented.
5. Collaboration: Multiple federal, state, and local land management agencies as well as adjacent
private property owners have a vested interest in the health and the vitality of the forest resources
on Smuggler. A collaborative effort among each of the entities to address areas of specific
concern such as insect management or wildfire potential analysis should be created in order to
pool resources.
4.2.4 Noxious Weed Management.
Vegetation communities on Smuggler are in excellent condition; however, there are scattered noxious
weeds throughout the property, particularly by the trails and the disturbed areas. Stands of plumeless
thistle (Carduus acanthioides), Canada thistle (Breea arvense), yellow toadflax (Linaria vulgaris),
scentless chamomile (Matricaria perforata), and oxeye daisy (Chrysanthemum leucanthemum) are
somewhat abundant and need to be controlled. Although isolated populations exist, any of the identified
noxious weeds are a serious threat to the current healthy vegetation conditions of Smuggler. Noxious
weeds will out-compete existing native vegetation and create stagnant zones of unusable habitat,
increase fire potential, and decrease the overall character of the area. (Appendix 5.1.6a and b).
Weed treatments began in 2003 using selective herbicides and mechanical removal. Noxious weed
removal is the priority management action that will occur on the property. As the weed problems are
being contained, both open space agencies will restore impacted areas back to native vegetation. In
some areas this is already naturally occurring and those areas will be allowed to expand.
Hikers, bikers, equestrian use, dog use, and motorized vehicle use all have the ability to introduce and
spread noxious weeds throughout the area. Management of the impacts from the use and control of the
City of Aspen and Pitkin County Open Space and Trails
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Smueeler Manaeement Ptan ~~~~
spread of noxious weeds should be integrated into all maintenance and management activities in
Smuggler.
Implementation:
1. Only herbicide formulations approved for aquatic-use will be applied in or adjacent to wetlands
and streams, in accordance with label direction. Application of all other herbicides and
pesticides will be excluded from wetlands and streams and used in accordance to their labeled
use.
2. Inventory and map noxious weed species.
3. Develop asite-specific noxious vegetation control plan utilizing the inventory data with specific
control goals.
4. Monitor the success of the control, including a weed inventory every two to three years.
4.2.5 Wildlife Management.
The wildlife habitat in and around Smuggler is in good condition. There are no immediate habitat
improvements needed at this time.. The main wildlife management objective will emphasize
preservation of the existing conditions and community health. Any improvements to the property, such
as trails, fencing, facilities, etc., should be low impact and planned so as to avoid disturbing sensitive
wildlife habitat areas.
There are several wildlife species that currently inhabit the property and additional information about
them would be useful in future wildlife management decisions. Efforts to study and monitor these
species should be encouraged to begin to build a scientific baseline of information. Recommendations
for the species and types of studies can be found in the Biological Resources and Baseline Report
(Appendix 5.5).
Wildlife Management plans will include the impacts of human activities. The important considerations
are the scale, type, and degree of recreation. Existing and new recreational activities should not cause
long-term impacts to the viability of populations of plants and wildlife. Current trails and roads will be
maintained in present form and allowed uses identified based on the potential Recreation Area
(Appendix 5.1.8).
Species are more sensitive during breeding season or migration, and in the period between dusk and
dawn. Impacts maybe either direct or indirect. Indirect impacts have to be managed in order to prevent
loss of habitat through avoidance because of human contact and associated activities and noise.
Management of wildlife habitat should consider providing large blocks of habitat, which allow for only
a limited human presence.
Implementation:
1. Develop a Potential Recreation Area (Appendix 5.1.8) that prevents the bisection of intact, large,
unfragmented, undisturbed blocks of forest and shrubland habitat.
20
City of Aspen and Pitkin County Open Space and Trails
Smu~ler Manaaement Plan Zppg
Z. Develop a monitoring program for elk calving habitat as identified in the wildlife baseline and
determine if it is actively used.
3. Survey the effects of winter recreation on wintering elk and other species. Recreational use
restrictions can be implemented if recreation has a negative effect.
4. Limit trail construction by creating a 100-foot buffer around the perennial stream and only allow
limited stream crossings using existing culverts, roads, bridges, and/or boardwalks.
5. Motorized vehicles permitted on County roads will be restricted to Smuggler Mountain Road
(Appendix 5.1.8).
6. Restoration plans will be designed to improve wildlife habitat and disturbed and/or fragmented
habitat. Specifically, aspen forest, large blocks of shrubland habitat, and mature/old-growth
mixed conifer and Douglas fir forest should be targeted for restoration and/or protection:
4.2.6 Management for Protection of Threatened and Endangered Species.
The list of rare, sensitive, and threatened plant species and vegetation communities for Smuggler was
garnered from a combination of the USFWS list of threatened and endangered plants, the White River
National Forest rare and sensitive list, and the Colorado Natural Heritage Program (CNHP)'s database.
Further detail of the listed species can be found in the Biological Resource and Baseline Report
(Appendix 5.5).
Three vegetation communities found at Smuggler are considered imperiled or vulnerable by the CNHP,
and one moonwort found on the property is considered vulnerable; Aspen/Buckbrush, Aspen/Alder,
Douglas fir/mountain lover. Only the Douglas fir (Pseudotsuga menisci)/ Mountain lover (Paxistima
myrsinites) community was targeted during the CNHP's Roaring Fork Biological Inventory (1999).
As noted previously, one common moonwort (Botrychium lunaria) was found along a trail (Appendix
5.1.7). The numerous old roads, trails, and mining areas are ideal habitat for moonworts. The best way
to find moonworts is through a thorough botanical survey specifically for moonworts, as they are
exceedingly difficult to find and generally have habitat requirements that are unique.
As Smuggler has ideal habitat for a number of moonworts, it is of interest to conduct a survey for only
moonworts as most of the moonwort species are ranked critically imperiled to vulnerable by the CNHP.
This information is beneficial to have as additional trails/recreation areas or other disturbances are
planned for the property.
Implementation:
1. Map and monitor the current populations of moonwort.
2. Identify and implement any changes to travel or recreation that will add to the protection of
the species identified in the mapping.
3. Develop a survey program for staff or volunteers to locate new populations of moonwort
populations.
4.3 Recreation Management
21
City of Aspen and Pitkin County Open Space and Trails
Smugeler Management Ptan 200H
Recreation resources in this plan are determined by the ability of the natural resources to handle a
human presence without significant impacts. The management of recreation determined in this plan has
been developed in conjunction with the Biological Report, management currently occurring on adjacent
public lands, and staff surveys on Smuggler.
4.3.1 Recreation Management Areas
The existing roads and trails and a Potential Recreation Management Area was mapped to identify land
available for use specific to recreation. In order to balance the need to protect wildlife habitat, native
vegetation and other natural resources, travel outside of the existing trails listed below or the Potential
Recreation Area is limited to dispersed recreation. No trail construction, recreation development, or
infrastructure placement is allowed in the area outside of Potential Recreation Area. Dispersed
recreation is defined as pedestrian access outside of established trails and roads. The Potential
Recreation Area contains established roads/paths and is situated away from critical vegetation resources.
The use of this area will be monitored; and with data collected, any changes to location or time of use
will be adjusted to provide protection for wildlife (Appendix 5.1.8). User groups interested in
developing recreation outside of the approved area need to request a change to the Potential Recreation
Area and receive approval through the Aspen and Pitkin County Open Space Boards. The user group
will be able to present the recreation concept and show cause as to why the area and activity fits within
the overall goals of the Smuggler Management Plan.
Implementation:
Smuggler Mountain Road: The road splits the property as it winds its way to the viewing
platform. This road will be maintained at no more than its current width and condition.
Maintenance will happen on an as-needed basis. The uses allowed on the road will be multi-
uses, both vehicular and non-vehicular. Travel will be restricted to the road; access off the road
is limited to the existing trails only. No new trails or bandit trails are permitted for travel without
further research into impacts on wildlife and vegetation.
2. Access Points off Smuggler Mountain Road: There are two main trails that extend north from the
viewing platform. The Smuggler Loop Trail and the Hunter Creek Cut-off Trail leading down to
the Hunter Creek Valley floor are the current open trails. The Smuggler Loop Trail will include
the previously closed old road, which provides another access point off of Smuggler Mountain
Road. The uses allowed in this area are limited to bicycle, foot, and equestrian. Motorized
vehicles are prohibited at all times, except for maintenance and emergency vehicles. There are
some short cuts along Smuggler Mountain Road that will be evaluated for sustainability and ones
that are unsustainable will be closed or rerouted to allow a more direct route up Smuggler
Mountain.
Potential Recreation Area: Several areas within this zone will remain closed until restoration of
the area is completed. Closures are based on the need for public safety. Anew section of the
Smuggler Loop Trail will be opened through this expansion area. Additional trails within this
area will be studied and approved based on need, impact, and approval by the both the City and
County Open Space Directors.
22
City of Aspen and Pitkin County Open Space and Trails
Smu~eler Manaeement Plan Zppg
4. Motorized Vehicles: Only licensed vehicles are allowed on Smuggler Mountain Road.
Further outdoor recreation management is addressed by examining six different categories:. a)
Infrastructure; b) User Interaction; c) Trail Construction-and Maintenance; d) Enforcement; e) Historical
Resource Management.
4.3.2 Infrastructure
Successful protection and use of the property will require the appropriate facilities or infrastructure to
accommodate the needs of the users. The addition of signs, kiosks, benches, trash receptacles, and other
public amenities should be identified and placed according to uses and closures as appropriate.
Educational opportunities will also be explored later in this plan.
Implementation:
1. Based on user patterns, identify locations for the installation of trash receptacles and dog litter
stations.
2. Based on scenic vistas and user patterns infrastructure needs will be reviewed and approved as
considered appropriate.
3. No additional memorial benches will be permitted on Smuggler and existing benches will be
subject to the County's memorial bench policy.
4. Use signage as necessary to inform the general public about closures, management activities, and
general information.
4.3.3 User Interaction
A variety of non-motorized recreational activities will be allowed on Smuggler including hiking, hiking
with dogs, horseback riding, and mountain biking. With an array of uses there is the potential for user
conflicts to arise. Potential conflicts may include dog feces on the trails, which pose a health and safety
issue, uncontrolled dogs, and bicyclists not yielding to pedestrians and equestrians. Multiple uses, in
addition to motorized use, create obvious challenges. Education and signage will be necessary to
develop proper etiquette for the uses.
Implementation:
I. Ensure that any new trails are designed to accommodate a variety of recreational uses.
2. Investigate the ability to design trail separation for different user groups for safety and increased
user enjoyment.
3. Encourage respect of other users to reduce multiple use conflicts through signage and education
that promote trail etiquette.
4. Incorporate Smuggler in the regular open space rangers' public activities, education, and
enforcement schedules.
5. Hunting is prohibited on Smuggler Open Space, but hunting access is allowed along Smuggler
Mountain Road.
23
City of Aspen and Pitkin County Open Space and Trails
Smueeler Management Plan ~~>~~K
4.3.4 Trail Maintenance and Construction.
Defined trails and rules of trail use will be of utmost importance to preserve the quality of this area.
The building, widening, and/or maintenance of trails and roads may prove to be a significant threat to
some of the vegetation communities. First, any soil disturbance is an invitation for noxious weeds to
spread. Care must be taken to work with equipment guaranteed to be free of noxious weed seeds.
Second, the steepness of the slopes and the tendency of some soils to slump and/or erode should be
taken into full consideration when building and/or maintaining trails and roads. Best Management
Practices (BMPs) of proper water bar construction and placement, check dams (if needed), slope drains,
or other needed erosion control techniques should be appropriately implemented.
Implementation:
1. Map scenic vistas and natural features in order to aid in future trail alignment.
2. Plan new trails so as to avoid water collection, however, trails maybe re-routed or seasonal trail
closures considered to avoid excessive trail damage. Route summer recreation and trail use
away from key foraging areas (e.g., drainages, mesic areas) and consider restrictions on existing
trails to minimize disruption of these important areas.
3. Construct new trails with Staff and volunteer assistance.
4. Provide ongoing trail maintenance.
5. Consider reclaiming existing roads that are currently used as trails and replacing them with more
sustainable single track trails.
6. Map critical watersheds or streams as areas to avoid during the construction of new trails.
7. Create a trail inventory with descriptions of trail skill level, management needs, and mileage.
8. Close all bandit or non-approved social trails where appropriate.
4.3.5 Enforcement
Smuggler is in unincorporated Pitkin County, and Pitkin County Title 12 regulations of the Pitkin
County Code apply to the property. Both City and County staff are authorized to enforce these
regulations.
Implementation:
1. Motorized Vehicles: Licensed motorized vehicles permitted on County roads will be restricted
to Smuggler Mountain Road. Pitkin County Title 12 regulations prohibit motorized recreation
on the rest of Smuggler and only maintenance and emergency vehicles are allowed.
2. Dog~Leash Law: Dogs and other domestic pets are permitted on all established trails through
Smuggler. Smuggler Mountain Road and the Hunter Creek Cutoff Trail will be managed as a
voice and sight control area. Voice and sight control is subject to review on an annual basis and
can be revoked at any time to address changing circumstances, based on use, conflicts, and other
unforeseen issues. Dog waste is still the responsibility of the owner and must be removed and
placed in a waste receptacle. Under this program, owners need to be able to control their dogs
either with a leash or voice control. Management will include strict enforcement of the above
points resulting in fines. Pitkin County Title 12 regulations allow for management plans to
24
City of Aspen and Pitkin County Open Space and Trails
Smuggler Manaeement Plan Zppg
provide for different regulations. There are no current Pitkin County Title 12 regulations for dog
off-leash areas. This plan will allow for a voice and sight control area and set the regulation as:
a. Dogs must be in sight of guardian.
b. Dogs must be under voice control and respond the first time the guardian commands the dog
to come.
c. Dogs not under voice and sight control must be leashed at all times.
d. Guardian must carry one leash per dog.
e. Guardian must carry and use dog waste bags, which may not be left along the trail,
f. No more than two (2) unleashed dogs per guardian are allowed.
g. Violations are subject to a $100 fine for first offense, $500 fine for second offense, and
$1000 for third and subsequent offenses.
The City and County Rangers are supportive of experimenting with a "dogs under voice and
sight control" leash optional area on Smuggler Mountain Road and the Hunter Creek Cut-off
Trail. All animals that represent problems, are aggressive or vicious, that jump on other people
(however friendly) and dogs that will not stay on the roadway, are some examples of dogs that
must remain on leash at all times. The leash-free area would be all of Smuggler Mountain Road
to USDA Forest Service boundary including Hunter Creek Cut-off Road into upper Hunter
Creek Valley. Dogs are not allowed unleashed on Smuggler off of these existing roads and
trails.
A mandatory leash law shall remain in effect from the County/USDA Forest Service boundary,
at the existing USDA Forest Service kiosk as you enter the narrow valley, traveling down Hunter
Creek Trail and paralleling the lower part of Hunter Creek. The reason for this law is due to the
very narrow nature of the trail and historic conflicts between dogs vs. pedestrians, dog vs. dog,
dogs vs. mountain bikes and due to the proximity of the creek to the trail. Signage will be clear
at all access points to this trail and enforcement will be strict. Athree-strike plan of a verbal
warning followed by a written warning and then a $100 fine shall be strictly enforced on Lower
Hunter Creek Trail.
Education of the new leash law will include Signage, newspaper ads, public service
announcements, and television and radio advertisements describing the dog guardian's
responsibilities under this trial program. Staff will utilize existing kiosks and post additional
signs on dog waste centers alerting of the rules for voice and sight control.
4.3.6 Historical Resource Management
The historic segment of Smuggler Mountain Road originates 500 feet east of the entry of Smuggler
Mine property and traverses Smuggler Mountain in a series of switchbacks. The road is on average 20
feet wide and constructed of soil matrix containing gravel to boulder-sized rock. The road is currently
maintained for vehicular use, but the majority of users are recreational hikers. The road is a
recognizable landmark on Smuggler Mountain and is evident in most photographs as far back as 1893
and was included in the U.S. Geological Survey report of 1898. Smuggler Mountain Road is in good
condition and represents an identifiable community character and speaks to Smuggler Mountain's
historical past. Smith Environmental and Engineering believes the road meets criteria for the National
City of Aspen and Pitkin County Open Space and Trails
25
Smueeler Mana~ment Plan 2008
and State Registry of Historic Properties (CSRHP) and is potentially eligible for listing. The objective
of management should be to retain the historic relationship between the road and the landscape, and its
historical use as a travel corridor.
Implementation:
1. Consider designating the road as a local landmark and formally nominating to the CSRHP.
2. If the road is considered for CSRHP, future treatment strategies should be guided by the
Secretary of the Interior's Standards for the Treatment of Historic Properties.
3. Minor road maintenance and stabilization may need to be implemented in such a way that
documentation of the method used and location and materials applied are distinguishable from
the historic associated methods.
4.3.7 Special and Commercial Use Permits
Pitkin County Special Use Permits will be required for any use that is not listed in this plan. This
includes any organized use of the property. Currently, the Aspen Cycling Club is the only organized use
that uses Smuggler Mountain Road and is permitted by Pitkin County.
4.4 Natural Resource and Historical Educational Opportunities
Numerous opportunities exist for natural resource and environmental education within the Smuggler
including: 1) interpretive brochures and/or signs; 2) kiosks with interpretive displays and a map of the
area and trails; and 3) interpretive materials emphasizing human-wildlife interactions, noxious weed
species, and management.
It is evident that the quantity of historic context located on the property provides opportunities to
develop interpretive programs on the flora, fauna, water use patterns, geology, and patterns of mining
activities, and Aspen's development.
Implementation:
1. Use interpretive signage to inform users of the importance of ungulate winter range.
2. Increase agency and public awareness through interpretive/educational materials about
responsible dog ownership in the context of wildlife disturbance during any and all outdoor
recreational pursuits.
3. Signs and/or rest stops could provide a place where people can not only learn about the
noxious weeds in the area, but can also check their clothes, dogs, horses, bikes, etc., for
noxious weed seeds before and after they enjoy the area.
4. Develop interpretive signage which highlights the mining history in Aspen and how
Smuggler fit into the mining culture.
26
City of Aspen and Pitkin County Open Space and Trails
Smu~eler Manaeement Plan 2ppg
5. Appendix
City of Aspen and Pitkin County Open Space and Trails
2~
Smu~ler Mana~ment Plan ~~~~
5.1 Maps
28
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Smug ler Manaeemen[ Plan 2008
5.2 Title 12
City of Aspen and Pitkin County Open Space and Trails
38
~mu~ler Management Plan ZppR
Title 12 of Pitkin County Code -Amended August 24, 2005
ARTICLE 1-DESIGNATION OF OPEN SPACE AND TRAILS PROPERTIES
1-1 ACQUISITION OF OPEN SPACE AND TRAILS PROPERTIES
The trails, trailhead parking lots, open spaces and attendant facilities and structures that are
named as Open Space or Trails through Resolution or Ordinance of the Pitkin County Board of
Commissioners are declared to be Pitkin County Trails and Open Space Properties; and further,
that properties acquired by funds designated for the Open Space and Trails Program are declared
to be Pitkin County Open Space and Trails Properties, and further, that properties may be added
to or deleted from the inventory of Pitkin County Trails and Open Space Properties according to
applicable statutes, including, but not limited to, Article 13, section 5.3 of the Pitkin County
Home Rule Charter and by Ordinance or Resolution of the Board of County Commissioners.
1-2 DESIGNATION OF OPEN SPACE AND TRAILS FACILITIES
Open Space and Trails properties and facilities will be identified by specific action of the Board
of County Commissioners, through Ordinance or Resolution, identifying open space and trails
facilities as such. Such facilities will include, but not be limited to, County owned- and
maintained trails, trailheads, parking areas, signs, mining claims, open spaces, parks, river access
points for boating or fishing purposes, fishing easements, bridges, wildlife areas, and easements
obtained for the purposes of wildlife habitat preservation, scenic preservation, agriculture, access
to public lands or for other purposes identified by the County. As otherwise set forth in Article
13 of the Pitkin County Home Rule Charter, Section 1.3, Open Space, and Trails funds are not
available for maintenance or management purposes for those County properties not either
purchased with Open Space Funds or designated to the Open Space and Trails program pursuant
to this Article. Non-designated properties otherwise owned by Pitkin County shall be managed
by the General Fund through the Asset Management Division.
ARTICLE 2 -RULES AND REGULATIONS
2-1 RESTRICTIONS ON TRAIL U5E
The following restrictions apply to all trails owned in fee simple by the Pitkin County, and to all trail
easements except where such restrictions are limited by the express terms of the trail easement.
2-1.1 Motorized vehicles restricted. No motorized vehicles whatsoever, including
automobiles, trucks, farm, or agricultural vehicles, motorcycles, motorbikes, motor scooters, go-
carts, snowmobiles, motorized bicycles, mopeds or all-terrain vehicles will be allowed on any
county trail at any time. The following vehicles and uses are exempted from this prohibition:
2-1.1 a. County maintenance vehicles, ambulance, law enforcement, fire, or other
emergency vehicles will be allowed to enter onto County trails in the course of carrying out their
normal duties.
39
City of Aspen and Pitkin County Open Space and Trails
Smu~~ler Man~ement Plan 2008
2-l.lb. Snowmobiles or snowcats may be allowed onto County trails to set cross-country
ski tracks or to otherwise install or maintain Nordic trails with approval of the Open
Space Land Steward.
2-1.1 c. Construction or maintenance vehicles owned and operated by private contractors
may enter onto County trails subject to specific permission as set forth in Section 6.02 of
the Asset Management Plan as may be amended from time to time.
2-l.ld. Agricultural, ranch or personal vehicles belonging to specific owners, their
employees or assigns, may enter onto County trails subject to the terms of easements or
agreements between the County and individual landowners.
2-1.2 Allowed Uses. Bicycles, pedestrians, skates, skateboards, nonmotorized scooters, and
baby strollers are allowed on all trails at all times unless specifically prohibited and posted
otherwise. All trail users will travel at safe speeds at all times.
2-1.3 Right of Way. In areas of mixed use, i.e. horses, bicycles and pedestrians, equestrians
have the right of way in all circumstances. All traffic is to yield to equestrians. Bicycle or other
wheeled traffic is to yield to pedestrians.
2-1.4. Fires Prohibited. Fires are prohibited at any location and at all times within trails, trail
easements or trail facilities, including, but not limited to, parking areas, trail shoulders and
borders, bridges and structures, except for management purposes as authorized by the County
Land Steward, and/or for irrigation ditch maintenance, and in accordance with all other
applicable laws.
2-1.5. Trespass Prohibited. It is prohibited to trespass from trails onto adjacent private lands.
Trails may be subject to seasonal closures and the use of such when so posted shall constitute a
trespass_
2-1.6. Equestrian Use. Equestrian use is restricted to unpaved trail areas unless otherwise
posted. Horse traffic is restricted to walk or trot speeds. Horses must be under control at all
times. Buggies, carts, or other horse-drawn vehicles are prohibited from all trails.
2-1.7. Stop Required. Trail users shall stop at all road and driveway crossings and yield to any
motorized traffic, except where the trail right of way takes precedence over a driveway crossing,
in which case driveway users shall yield to trail users. Trails and highways will be posted with
informational signs designating intersections.
2-1.8. Dogs. Wherever Dogs are allowed on trails, they must be leashed at all times, with a
leash extended no greater than 6 feet in length. A single person may walk no more that three
dogs. Those persons attending dogs on trails must carry a receptacle, such as a plastic bag, for
removal of excrement. Trails will be posted if dogs are prohibited. Trails may be closed to dogs
by action of the Board of County Commissioners.
2.2. RESTRICTIONS ON OPEN SPACE USE
40
City of Aspen and Pitkin County Open Space and Trails
Sm g~ler Manaeement Plan 2008
The following restrictions apply to all open space owned in fee simple by Pitkin County. These
restrictions also apply to public use provided in any conservation easement held by. Pitkin
County, unless superseded by the specific terms of the conservation easement in question.
Nothing contained herein limits or otherwise modifies rights reserved to the owner of fee simple
property subject to a conservation easement held by Pitkin County.
2-2.1. Camping Prohibited. Overnight camping is prohibited on Open Space and Trails
Properties.
2-2.2. Commercial Activities Limited. Commercial activities, provision of services, or any
activity for which a fee may be charged are prohibited on any Open Space land except when
specifically authorized pursuant to a Special Use Review as set forth in Article 3.
2-2.3. Closed Areas. Entry onto or use of Open Space lands posted as closed is prohibited.
2-2.4. Fires Restricted. Fires are permitted in designated grills or firepots only. Fires are
prohibited in all other locations. Fires are prohibited in all locations between the hours of 12:00
AM and 5:00 AM, MST. It is unlawful to burn fires in any location at any time in a careless
manner, to leave a fire unattended, to burn any explosive or toxic materials, or to fail to
extinguish fires completely. This provision shall not prohibit fires authorized by the County for
land management purposes, or fires used for irrigation ditch maintenance.
2-2.5. Hang-Gliding Restricted. Hang-gliding or operation of any motorized or non-
motorized aircraft, glider, parachute, paraglider, or balloon for landing or take-off is prohibited
except pursuant to special use permit pursuant to Article 3 and section 3-210 of the Pitkin
County Code.
2-2.6. Motorized Vehicles Restricted. Motorized vehicles are restricted to parking areas,
driveways and other areas specifically posted for motor vehicle occupancy. Parking in
any posted "no parking" area is prohibited. The exception to this shall be County or other
maintenance or construction vehicles specifically authorized for access pursuant to
Section 6 of the Asset Management Plan, emergency vehicles acting in the line of duty,
or private vehicles specifically authorized under Section 2-4 or Article 3 or authorized by
previous written access easement.
2-2.7. Domestic Animals Prohibited. Domestic animals are prohibited on Open Space
properties except where specifically permitted pursuant to an agricultural lease, or for land
management purposes authorized by the County. It is unlawful to chase or molest any livestock
on Open Space properties. All gates, fences, and other entry points must be closed in areas
where livestock is permitted.
2-3 GENERAL RESTRICTIONS APPLICABLE TO ALL OPEN SPACE AND TRAILS
PROPERTIES.
The following restrictions apply to all open space owned in fee simple. by Pitkin County. These
restrictions also apply to public use provided in any conservation easement held by Pitkin County,
unless superseded by the specific terms of the conservation easement in question. Nothing contained
City of Aspen and Pitkin County Open Space and Trails
41
Smuealer Manaeement Plan ~~~
herein limits or otherwise modifies rights reserved to the owner of fee simple property subject to a
conservation easement held by Pitkin County.
2-3.1. Hunting. All Open Space and Trails Properties are closed to hunting unless specifically
authorized by the Open Space and Trails Board, and in accordance with other applicable laws.
2-3.2. Firearms. It is forbidden to discharge firearms or projectile weapons on any Open Space
or Trails Properties unless hunting is specifically authorized by the Open Space and Trails
Board, and in accordance with other applicable laws. The exception to this will be law officers
discharging weapons in the line of duty.
2-3.3. Disorderly Conduct Prohibited. Disorderly conduct of any kind is prohibited on Open
Space and Trails Properties. Disorderly conduct includes, but is not limited to, making any
coarse, annoying, derisive or obviously- offensive utterance, gesture or display which tends to
incite an immediate breach of the peace. Also fighting, littering or abandonment of private
property, making excessive or amplified noise that would tend to disturb the peace and quiet of
adjacent residents or occupants, or any other activity that deliberately infringes on the ability of
others to use or enjoy open space or trails facilities.
2-3.4. Hazardous Activities Prohibited. Hazardous activities of any kind are prohibited on
Open Space and Trails Properties. Hazardous activities are defined as those activities which
might constitute or contribute to a hazard to the safety of any person. Such activities include, but
are not limited to, use of fireworks or other explosives, use of remote-controlled craft, and
launching of missiles. Exceptions or additions to these restrictions may be made in specific
locations or circumstances pursuant to Special Use Review under Article 3 and posted
accordingly.
2-3.5. Boating Restricted. Boat launching and landing is limited to sites designated for that
purpose. Man-made structures for boating such as access ramps, docks, kayak courses, or buoys
are prohibited except in locations specifically authorized by a Management Plan enacted
pursuant to Article 4.5, or pursuant to a Special Use review under Article 3.
2-3.6. Vandalism Prohibited. Vandalism, property damage or removal of resources or
facilities is prohibited on any Open Space or Trails Property. It is unlawful to remove, damage,
deface, mutilate or destroy any structure, poster, sign, marker, fence, gate furniture, vegetation,
rock, or any object of scientific or historic value or interest.
2-3.7. Dogs and Pets Restricted. Dogs, cats, and other pet animals must be leashed on trails.
Posted leash laws or more restrictive leash laws within other jurisdictions (i.e. within municipal
boundaries) must be obeyed. Owners of uncontrolled dogs observed on Open Space or Trails
Properties will be subject to penalty under these regulations. Dogs or other animals are
prohibited in areas specifically posted for such prohibition. Dogs observed molesting or
menacing any person, wildlife or livestock may be destroyed. Dog waste must be picked up and
disposed of in a trash receptacle or off-site by owners or keepers.
2-3.8. Fishing Restricted. Fishing is permitted according to the regulations of the Colorado
Division of Wildlife, except where otherwise posted and prohibited in a management plan
42
City of Aspen and Pitkin County Open Space and Trails
Smue~ler Mana¢ement Plan ~nnst
enacted pursuant to section 2-4. A valid fishing license is required. Fishing access is by
designated trails only.
2-3.9. Wildlife Protected. Wildlife is protected on all Open Space and Trails Properties.
Hunting, trapping, chasing, molesting, harming, removing, killing or otherwise disturbing
wildlife on Open Space and Trails Properties is prohibited at all times and under all
circumstances, with the exception of hunting authorized by the Open Space and Trails Board and
in accordance with other applicable laws, and fishing (See Paragraph 2-3.8., above). Damaging
or destroying the habitat of any species of wildlife is prohibited. Removing or destroying, native
plants,_bird or reptile eggs is prohibited. Nothing in this section shall prohibit trapping for
research, management and monitoring purposes as authorized by the County Land Steward.
2-3.10 Littering and Waste Disposal Prohibited. Any disposal, depositing or abandonment of
trash, garbage, litter, waste paper, waste food products, human or animal wastes, toxic materials,
oil and other mechanical waste products, animal parts, fire ash or other combustion byproducts,
or other waste products on Open Space or Trails Properties other than in designated containers
and locations is prohibited.
2-3.11 Structures, Storage of Materials, and Notices Prohibited. Construction of any kind
not specifically authorized by the Open Space Director is prohibited. Activities prohibited
include, but are not limited to, excavations, ground clearing or grading, erection of permanent or
temporary structures, erection of signs, posting of bills, notices or posters, storage of items,
fencing or clearing of vegetation.
2-4 -MANAGEMENT PLANS
The Board of Open Space Trustees may adopt individualized management plans for specific Open Space
and Trails Properties, to set forth management policies and objectives. If a management plan imposes
restrictions that are different from those set forth in this Title, and are to be enforced under Article 6
below, the management plan must be adopted by the Board of County Commissioners pursuant to an
ordinance. In that event, the ordinance adopting a management plan shall include a provision that it is
governed by Title 12 of the Pitkin County Code and that violation of its terms and conditions shall be
enforced under the provisions of this regulation as if they were set forth herein.
ARTICLE 3 -PERMITS
3-1 Special Review of Uses on Open Space Properties
This Article establishes review standards for Uses of Open Space Properties allowed only by permit.
The County may approve, approve with conditions, or deny applications for special uses of Open Space
Properties pursuant to section 3-210 of the Pitkin County Land Use Code.
3-1.1 Prior to submitting an application for a Special Use pursuant to section 3-210 of the Pitkin County
Land Use Code, the applicant shall obtain a written certification from the Director of Open Space and
Trails regarding the consistency of the proposed use with the following.
a. The Management Plan for the open space property in question, if available.
43
City of Aspen and Pitkin County Open Space and Trails
Smua~ler Manasement Plan 208
b. The provisions of Title IX, Article 2, of the Pitkin County Land Use Code
c. The protection of the conservation values of the Open Space Property on which the use is
proposed.
3-1.2 In responding to requests pursuant to this Article, the Open Space Director shall consult with the
County Wildlife Biologist and/or other persons with requisite expertise to evaluate the impact of the
proposed use on the conservation values of the Open Space Property.
3-1.3 The Open Space Director may condition a certification of consistency on the applicant agreeing to
provide a surety bond in favor of the County in the event that a Special Use Permit is granted, in the
amount of at least two thousand dollars ($2000.00), or other amount to be determined by the Open
Space Director, or his/her designee. All Financial Security will be held for the duration of any special
use permit. The bond will be conditioned upon:
a. Faithful compliance with the terms of a special use permit, regulations, and ordinances of Pitkin
County.
b. The restoration and clean up of any site affected by the special use. Any revegetation needed to
restore the site shall conform to the adopted Pitkin County Landscape Guidelines
3-1.4 The Open Space Director may condition certification on the applicants agreement to pay a use
impact fee which is commensurate with the additional maintenance costs associated with the proposed
use.
3-1.5 The Open Space Director shall make a written response either certifying the consistency of the
proposed special use with or without conditions, or determining the proposed special use is not
consistent, within 45 days of receiving a written request for certification. An applicant may appeal the
determination of the Open Space Director to the Board of County Commissioners within 15 days of
receipt of the determination. The Board of County Commissioners must issue a final determination
within 30 days of hearing an appeal pursuant to this section.
3-1.6 Notwithstanding Section 3-1.1, non-commercial organized recreational users, as called out in the
2000 North Star Management Plan, and other management plans as may be adopted pursuant to section
2-4, may obtain a special use permit directly from the Open Space and Trails Department based on a
finding of consistency made pursuant to this Article without applying under section 3-210.
ARTICLE 4 -EASEMENTS AND AGREEMENTS
The terms and conditions of Conservation or Trail Easements or other approved agreements between the
County and private property owners are incorporated into these regulations by reference. To the extent
of any conflict between these regulations and the terms of conservation easements or trail easements, the
terms of such easements will control. Those terms and conditions shall be enforced under the provisions
of this regulation as if they were set forth herein.
ARTICLE 5 -AMENDMENT
These rules and regulations may be amended from time to time by the Pitkin County Board of County
Commissioners in consultation with the Open Space and Trails Board. These rules shall apply to
44
City of Aspen and Pitkin County Open Space and Trails
S ueeler Manaeement Plan 2~g
existing Open Space and Trails Properties and to such trails and open space properties as may be
acquired by the Pitkin County Open Space and Trails Program from time to time or designated by the
County as being subject to these rules.
ARTICLE 6 -VIOLATIONS, ENFORCEMENT AND PENALTIES
A. Unlawful Activity. It shall be unlawful to engage in any activity that is in violation of the
Article 2 or Article 3 of this ordinance.
B. Penalty. Violation of this ordinance is a class 2 petty offense, punishable by a fine of
$100.00 for the first offense, $500.00 for the second offense, and $1000.00 for the third and
subsequent offenses. Violations of hunting related regulations are punishable by a fine of
$1000.00 for each offense.
C. Criminal Enforcement The Director of Pitkin County Open Space and Trails, Open Space and
Trails Land Steward, Open Space and Trails Ranger, the Pitkin County Wildlife Biologist,
Pitkin County Zoning Officer, the Pitkin County Community Development Director, Pitkin
County Engineer, or any law enforcement officer may follow the penalty assessment procedure
provided in Section 16-2-201, C.R.S. for any violation of this ordinance, or may enforce the
provisions of this ordinance by filing and service of summons and complaint in accordance with
county court procedures. In the event the penalty assessment procedure is followed, the penalty
shall be the as set forth in 3B, and such assessment shall also include a surcharge required by
C.R.S. Section 30-15-402(2). A person who violates this ordinance three (3) or more times in
the space of one (1) year shall be subject to imprisonment for no more than ninety days per
offense pursuant to C.R.S. 30-35-201 C.R.S. and Article 12 of the Pitkin County Home Rule
Charter. Each day a violation of this ordinance continues shall constitute a separate offense.
D. Civil Enforcement - In the event of any activity in violation of this Ordinance, the County
Attorney, in addition to other remedies provided by law or specified herein, may institute an
injunction, mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin,
or abate any unlawful activity, or to remove any improvements on construction resulting from
such unlawful activity. In the event that such unlawful activity has damaged any county
property, the violator shall be liable for any damage to county property resulting from any such
unlawful activity, including, but not limited to, compensation for staff time and for use of
county equipment to repair such damage. Any civil action or proceeding can include a claim to
recover all such money damages.
ARTICLE 7 -POSTING
These regulations, or a summary thereof, will be posted at visible locations on Open Space and Trails
Properties. Full text of these regulations shall be available for public inspection at the offices of the
County Open Space and Trails Director, Land Steward and the Pitkin County Open Space and Trails
Program.
City of Aspen and Pitkin County Open Space and Trails
45
mueeler Manaeement Plan 2008
Ori final reports are available upon request
5.3 Historical Assessment Report
5.4 Summary of Public Meetings and Citizen Surveys
5.5 Biological Resources Report
City of Aspen and Pitkin County Open Space and Trails
46
r ~
MEMORANDUM
TO: Mayor and City Council
FROM: Steve Barwick, City Manager
Chris Everson, Affordable Housing Project Manager
DATE OF MEMO: December 1, 2008
MEETING DATE: December 8, 2008
RE: Contract for Architectural Design Services to Support the Construction Experts Group & HOA
Burlingame Ranch Affordable Housing Project Phases 2 & 3
REQUEST OF COUNCIL: Staff requests approval of Poss Architecture + Planning contract for architectural
design services to accompany the efforts of the Construction Experts Group.
PREVIOUS COUNCIL ACTION: On May 20, 2008, City Council directed Staff to seek recommendations
from the Construction Experts Group (CEG) on potential cost savings measures for future phases of affordable
housing development at Burlingame Ranch. On September 22, 2008, City Council approved a contract for DHM
design for the CEG effort. It was originally planned that Staff would seek approval for this Poss contract along
with that DHM contract, but contract language needed to be addressed and caused a delay in getting the contract
signed. On November 17, 2008, City Council directed Staff to work with the HOA to achieve a density plan that
the HOA Board can get behind and recommend to the HOA. That effort was given a deadline of February 1,
2009.
DISCUSSION: Poss Architecture + Planning is the incumbent architect on the Burlingame Ranch project, and
was working on the original design for Phases 2 and 3 of Burlingame Ranch when City Council directed that
effort to be stopped. The Construction Experts Group effort is ongoing and work with the Burlingame HOA is
ongoing as well. Staff expects to utilize the balance of this contract for the HOA effort, if necessary.
FINANCIALBUDGET IMPACTS: The Poss Architecture + Planning contract for architectural services
totals $206,000. This contract amount fits within the 2008 budgeted amount as well as within the overall
budgeted amount for planning and design of future phases of development at Burlingame Ranch. Including the
Poss contract discussed herein, the total value of contracts to date for the CEG effort is $411,252. If a total of
only 236 units end up being built at Burlingame, the CEG recommendations are expected to result in per unit
construction cost savings over phase 1 actual per unit costs that add up to a total savings well beyond this total
contract value. If more than 236 units can be achieved, then the savings may be even greater.
ENVIRONMENTAL IMPACTS: None
RECOMMENDED ACTION: Staff recommends approval of contract with Poss Architecture + Planning for
architectural design services to accompany the Construction Experts Group effort and the Burlingame HOA
increased density design effort.
ALTERNATIVES: An alternative to approving this contract would be to require that the Construction Experts
Group effort and the Burlingame density design effort be undertaken without the support of these professional
Page 1 of 2
services. This would make it extremely difficult to meet the HOA increased density design effort deadline of
February 1, 2009.
ATTACHMENTS:
1) AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES
(City of Aspen / Poss Architecture + Planning)
Page 2 of 2
RESOLUTION # ~ ~~p
(Series of 2008)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND POSS ARCHITECTURE + PLANNING SETTING
FORTH THE TERMS AND CONDITIONS REGARDING ARCHITECTURAL
DESIGN SERVICES AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID CONTRACT
WHEREAS, there has been submitted to the City Council a contract
between the City of Aspen, Colorado, and Poss Architecture + Planning, a copy of
which contract is annexed hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby approves that contract
between the City of Aspen, Colorado, and Poss Architecture + Planning regarding
architectural design services a copy of which is annexed hereto and incorporated
herein, and does hereby authorize the City Manager of the City of Aspen to
execute said contract on behalf of the City of Aspen.
Dated:
Michael C. Ireland, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held December 8, 2008.
Kathryn S. Koch, City Clerk
AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY OF
f a SPEN, Colorado, ("City") and Poss Architecture + Planning. Colorado ("Architect").
For and in consideration of the mutual covenants contained herein, the parties agree as
follows:
1. Scope of Services. Architect shall perform in a competent and professional
manner the Scope of Services as set forth at Exhibit "A" attached hereto and by this reference
incorporated herein.
2. Completion. Architect shall commence work immediately upon receipt of a
written Notice to Proceed from the City and complete all phases of the Scope of Work as
expeditiously as is consistent with professional skill and care and the orderly .progress of the
Work in a timely manner. Upon request of the City, Architect shall submit, for the City's
approval, a schedule for the performance of Architect's services which shall be adjusted as
required as the project proceeds, and which shall include allowances for periods of time required
by the City's project engineer for review and approval of submissions and for approvals of
authorities having jurisdiction over the project. This schedule, when approved by the City, shall
not, except for reasonable cause, be exceeded by the Architect.
3. Payment. In consideration of the work performed, City shall pay Architect
$206,000 in the event that all Phases are performed as requested by City. 'The City shall have the
option of asking Architect to perform any number of Phases of the Project. Payment shall be
based upon the Fee Proposal, for phases performed. The City shall notify Architect of phases it
wishes to have performed via formal written Notices to Proceed. Fees (excluding any additional
services or reimbursable expenses shall not exceed the following amounts for each given phase:
Predesign Services: See Exhibit "B"
Site Analysis Services: See Exhibit "B"
Conceptual Design: See Exhibit "B"
4. Contract Documents. The following documents are agreed to constitute the
Contract Documents. In the event that any provision of one Contract Document conflicts with
the provisions of another, the provision in the Contract Document listed first below shall govern,
except as otherwise specifically stated:
a. Agreement
b. Request for Proposals & Scope of Services
c. Proposal for Architectural Services dated September 4, 2008 and
attachments, including all written representations of Architect
d. Instructions to Proposers
e. Supplemental Conditions, if any
5. Compliance With Procurement Code. The Architect acknowledges that this
Agreement is entered into subject to the requirements of the City of Aspen Procurement Code,
Title 4, of the Aspen Municipal Code. As such, the Architect agrees to comply with all
requirements of said Procurement Code, and such requirements are incorporated herein by this
reference (copies of the code are available upon request to the City for a nominal charge).
Architect shall immediately notify the City Manager in writing of any violation of said Code by
the City's employees or agents, which violation(s) shall be considered a breach of this
Agreement. Further, failure to notify the City of any violation of the Procurement Code shall be
deemed as a waiver of any action or defense that the Architect may have against the City by
reason of such violation of the Procurement Code.
6. Non-Assignability. Both parties recognize that this contract is one for specific
services and cannot be transferred, assigned, or sublet by either party without prior written
consent of the other. Sub-Contracting, if authorized, shall not relieve the Architect of any of the
responsibilities or obligations under this agreement. Architect shall be and remain solely
responsible to the City for the negligent acts, errors, and omissions of any of his consultants,
agents and employees, each of whom shall, for this purpose be deemed to be an agent or
employee of the Architect to the extent of the subcontract. The City shall not be obligated to pay
or be liable for payment of any sums due which may be due to any sub-contractor.
7. Termination for Default or for Convenience of City.
a. Termination by City. The performance of services under this
Agreement may be terminated by the City:
1. Whenever the Architect shall default in performance of this Agreement in
accordance with its terms, and fails to cure or show cause why such
failure to perform should be excused within ten (10) days (or longer as
the City may allow or shorter, but not less than three (3) days, for failure
to provide proof of insurance or maintenance of any dangerous condition)
after hand-delivery or mailing to the Architect of a notice specifying the
default. If mailed, said notice shall be sent by certified mail, return
receipt requested, to the address specified herein for Architect.
The Architect shall not be in default by reasons of any failure in
performance of this Agreement in accordance with its terms if such
failure arises out of causes beyond the control and without the fault or
negligence of the Architect. Such causes may include, but are not
restricted to, acts of God, natural disasters, strikes, or freight embargoes,
but in every case the failure to perform must be beyond the control of the
Architect. Upon request of the Architect, the City shall ascertain the facts
and failure, and, if the City shall determine that any failure to perform
constituted a valid commercial excuse, the performance shall be revised
accordingly and notice of default withdrawn; or
2
2. Whenever for any reason and in its sole discretion the City shall
determine that such termination is in its best interest and convenient.
b. Notice of Termination. In the event of termination for the convenience
of the City, the City shall deliver to the Architect a written notice of
termination, specifying the reasons therefor, and the effective date of
such termination. The effective date shall not be earlier than the date of
hand-delivery or the date of mailing of the notice, plus three (3)
business days. The notice of termination shall be sent regular first-class
mail to the address of the Architect herein provided. The Architect or
the City may terminate this Agreement, without specifying the reason
therefor, by giving notice, in writing, addressed to the other party,
specifying the effective date of the termination. No fees shall be earned
after the effective date of the termination. Upon any termination, all
finished or unfinished documents, data, studies, surveys, drawings,
maps, models, photographs, reports or other material prepared by the
Architect shall become the property of the City. Notwithstanding the
above, Architect shall not be relieved of any liability to the City for
damages sustained by the City by virtue of any breach of this
Agreement by the Architect, and the City may withhold any payments
to the Architect for the purposes of set-off until such time as the exact
amount of such damages due the City from the Architect may be
determined.
c. Termination Procedure. After the effective date of the notice of
termination for default or for the convenience of the City, unless
otherwise directed by the City, the Architect shall:
Stop work under the Agreement on the date specified in the
notice of termination.
2. Place no further orders for materials, services or facilities.
3. Terminate all orders and subcontractors to the extent that
they relate to the performance of work terminated by the
notice of termination.
4. With the approval or ratification of the City, settle all
outstanding liabilities and all claims arising out of such
termination on orders or reimbursable in whole or in part in
accordance with this Agreement.
d. Termination Payment. After the effective date of a notice of termination
for the convenience of the City, the Architect shall submit to the City
his termination claim in the form of a final invoice in accordance with
the provisions in Section 3 hereinabove, including costs incurred and
3
profit to the date of termination (but not for future profit, which shall
not be paid), and costs incurred because of termination, which
termination costs shall not exceed 10% of the total amount of proposal;
provided, however, that in the event of default by the Architect, no
extra costs incurred because of termination shall be paid to the
Architect and any costs paid shall not be a waiver of any claim,
counterclaim or setoff by the City against the Architect on account of
any default. Such claim must be submitted promptly, but in no event
later than thirty (30) days from the effective date of termination, unless
one or more extensions, are granted in writing by the City. Upon the
Architect's failure to submit a claim in the time allowed, the City may
review the information available to it and determine the amount due the
Architect, if any, and pay the Architect the amount as determined.
e. Termination Settlement. Subject to Paragraph S.d, the Architect and
City may negotiate the whole or any part of the amount or amounts to
be paid, upon termination for default or the convenience of the City.
f. Remedies. The Architect shall have the right of appeal from any
determination made by the City under this termination section; except
that if the Architect has failed to submit his claim within the time
provided in Paragraph S.d, above, and has failed to properly request an
extension, he shall have no right of appeal. In any case where the City
has made a determination of the amount due under Paragraph S.d. or
S.e., above, the City shall pay the Architect: (1) the amount the City has
determined if there is no light of appeal or if timely appeal has been
taken, or (2) the amount finally determined on such appeal if an appeal
has been taken.
g. Method of Appeal. If the Architect disagrees with the City's
determination under Paragraphs S.d. or 5.e., he can appeal this decision
in writing to the City. Such appeal must be made in writing within
twenty (20) days of receipt in writing of the City's determination. The
City shall have twenty (20) days in which to respond in writing to the
appeal. The City's response shall be final and conclusive unless within
thirty (30) days from the date of receipt of such response the Architect
submits the dispute to a court of competent jurisdiction.
8. Covenant Against Contingent Fees. The Architect warrants that s/he has not
employed or retained any company or person, other than a bona fide employee working for the
Architect, to solicit or secure this contract, that s/he has not paid or agreed to pay any company or
person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or
any other consideration contingent upon or resulting from the award or making of this contract.
For a breach or violation of this contract without liabi 1 ity, or in its discretion to deduct from the
contract price or consideration, or otherwise recover, the fain amount of such fee, commission,
percentage, brokerage fee, gift or contingent fee.
4
9. Independent Contractor Status. It is expressly acknowledged and understood by
the parties that nothing contained in this agreement shall result in, or be construed as establishing
an employment relationship. Architect shall be, and shall per!orm as, an independent Contractor
who agrees to use his or her best efforts to provide the said services on behalf of the City. No
agent, employee, or servant of Architect shall be, or shall be deemed to be, the employee, agent
or servant of the City. City is interested only in the results obtained under this contract. The
manner and means of conducting the work are under the sole control of Architect. None of the
benefits provided by City to its employees including, but not limited to, workers' compensation
insurance and unemployment insurance, are available from City to the employees, agents or
servants of Architect. Architect shall be solely and entirely responsible for its acts and for the
acts of Architect's agents, employees, servants and subcontractors during the performance of this
contract. Architect shall indemnify City against all liability and loss in connection with, and shall
assume full responsibility for payment of all federal, state and local taxes or contributions
imposed or required under unemployment insurance, social security and income tax law, with
respect to Architect and/or Architect's employees engaged in the performance of the services
agreed to herein. ARCHITECT, AS AN INDEPENDENT CONTRACTOR, SHALL NOT
BE ENTITLED TO WORKERS' COMPENSATION BENEFITS AND SHALL BE
OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONIES
EARNED PURSUANT TO THIS AGREEMENT.
10. Indemnification. Architect agrees to indemnify and hold harmless the City, its
officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and
demands, on account of injury, loss, or damage, including claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, which arise out of or are in
any manner connected with this contract, if such injury, loss, or damage is caused in whole or in
part by, or is claimed to be caused in whole or in part by, the negligent act, omission, error, of
the Architect, any subcontractor of the Architect, or any officer, employee, representative, or
agent of the Architect or of any subcontractor of the Architect, or which arises out of any
workmen's compensation claim of any employee of the Architect or of any employee of any
subcontractor of the Architect. The Architect agrees to investigate, handle, respond to, and to
provide defense for and defend against, any such liability, claims or demands at the sole expense
of the Architect, or at the option of the City, agrees to pay the City or reimburse the City for the
defense costs incurred by the City in connection with, any such liability, claims, or demands. The
Architect 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. If it is determined by the final judgment of a court of competent jurisdiction
that such injury, loss, or damage was caused in whole or in part by the act, omission, or other
fault of the City, its officers, or its employees, the City shall reimburse the Architect for the
portion of the judgment attributable to such act, omission, or other fault of the City, its officers,
or employees.
11. Architect's Insurance. (a) Architect agrees to procure and maintain, at its own
expense, a policy or policies of insurance sufficient to insure against all liability, claims,
demands, and other obligations assumed by the Architect pursuant to Section 8 above in amounts
and aggregates as stated below. Such insurance shall be in addition to any other insurance
5
requirements imposed by this contract or by law. The Architect shall not be relieved of any
liability, claims, demands, or other obligations assumed pursuant to Section 6 above by reason of
its failure to procure or maintain insurance, or by reason of its failure to procure or maintain
insurance in sufficient amounts, duration, or types.
(b) Architect shall procure and maintain, and shall cause any subcontractor of the
Architect to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City. All
coverages shall be continuously maintained to cover all liability, claims, demands, and other
obligations assumed by the Architect pursuant to Section 8 above. In the case of any claims-
made policy, the necessary retroactive dates and extended reporting periods shall be procured to
maintain such continuous coverage.
(i) Workmen's Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this
contract; and Employers' Liability insurance with minimum limits of no less than the state
of Colorado statutory minimums. Evidence of qualified self-insured status may be
substituted for the Workmen's Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of THREE HUNDRED THOUSAND DOLLARS ($300,000.00) each occurrence
and SIX HUNDRED THOUSAND DOLLARS ($600,000.00) aggregate. The policy
shall be applicable to all premises and operations. The policy shall include coverage for
bodily injury, broad form property damage, personal injury (including coverage for
contractual and employee acts), blanket contractual, and independent contractors. The
policy shall contain a severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than THREE HUNDRED
THOUSAND DOLLARS ($300,000.00) each occurrence and THREE HUNDRED
THOUSAND DOLLARS ($300,000.00) aggregate with respect to each Architect's
owned, hired and non-owned vehicles assigned to or used in performance of the Scope of
Work. The policy shall contain a severability of interest provision. If the Architect has no
owned automobiles, the requirements of this Section shall be met by each employee of
the Architect providing services to the City under this contract.
(iv) Architect Liability insurance with the minimum limits of TWO
HUNDRED FIFTY THOUSAND DOLLARS ($250,000) each claim and TWO
HUNDRED FIFTY THOUSAND DOLLARS ($250,000) aggregate.
(c) The policy or policies required above (except the Architect Liability insurance)
shall be endorsed to include the Ciry and the City's officers and employees as additional
insureds. Every policy required above shall be primary insurance, and any insurance carried by
the City, its officers or employees, or carried by or provided through any insurance pool of the
Ciry, shall be excess and not contributory insurance to that provided by Architect. The Architect
shall be solely responsible for any deductible losses under any policy required above.
(d) The certificate of insurance provided by the City shall be completed by the
Architect's insurance agent as evidence that policies providing the required coverages,
conditions, and minimum limits are in full force and effect, and shall be reviewed and approved
by the City prior to commencement of the contract. No other form of certificate shall be used.
The certificate shall identify this contract and shall provide that the coverages afforded under the
policies shall not be canceled, terminated or materially changed until at least thirty (30) days
prior written notice has been given to the City.
(e) Failure on the part of the Architect to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of contract
upon which City may immediately terminate this contract, or at its discretion City may procure
any such policy or any extended reporting period thereto and may pay any and all premiums in
connection therewith, and all monies so paid by City shall be repaid by Architect to City upon
demand, or City may offset the cost of the premiums against monies due to Architect from City.
(f) City reserves the right to request and receive a certified copy of any policy and
any endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not
waive or intend to waive by any provision of this contract, the monetary limitations (presently
$150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and
protection provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq.,
C.R.S., as from time to time amended, or otherwise available to City, its officers, or its
employees.
12. City's Insurance. The parties hereto understand that the City is a member of the
Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the
CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of
Aspen Finance Department and are available to Architect for inspection during normal business
hours. City makes no representations whatsoever with respect to specific coverages offered by
CIRSA. City shall provide Architect reasonable notice of any changes in its membership or
participation in CIRSA.
13. Exemption From Sales and Use Taxes. All purchases of construction, building or
other materials for any agreement shall not include Federal Excise Taxes or Colorado State or
local sales or use taxes. City is exempt from such taxes under applicable federal, state and local
laws. Owner's State of Colorado tax identification number is 98-04557. City's Federal Tax
Identification Number is 84-6000563.
14. Ownership of Design Materials and Documents.
a. The copies or other tangible embodiments of all design materials, whether or not
such materials are subject to intellectual property protection, including but not
limited to documents, shop drawings, computer programs developed for the
Project or if such programs are not the property of Architect or Subcontractor,
7
data, plans, drawings, sketches, illustrations, specifications, descriptions, models,
as-built docurr}ents, and any other documents developed, prepared, furnished,
delivered or required to be delivered by the Architect or Subcontractor to City
under the Contract Documents (collectively "Design Materials") shall be and
remain the property of the City whether or not the Project is commenced or
completed; provided, however, that City makes payment for the documents in
accordance with this Agreement. During the term of the Agreement, the Architect
shall be responsible for any loss or damage to the Design Materials, while the
Materials are in the possession of the Architect or any of its Subcontractors, and
any such Design Materials lost or damaged shall be replaced or restored at the
Architect's expense. The intellectual property rights, if any, to the contents of or
concepts embodied in the Design Materials shall belong to the Architect or its
Design Subcontractors in accordance with their contractual relationship and may
be copyrighted by them in the United States or in any other country, or be subject
to any other intellectual property protection. '
b. As to those Design Materials subject to copyright or as to which patent or
trademark, or any other form of intellectual property protection has been, is or
will be obtained, the Architect grants to City as of the date that the Design
Materials are delivered or required to be delivered to the City, aworld-wide, paid-
up, nonexclusive, nontransferable (except as provided) license for the term of
intellectual property protection, for the City to use, reproduce and have
reproduced, display and allow others to display and to publish and allow others to
publish, in any manner, at any time and as often as it desires, with or without
compensation to the Architect or any third party subject to the following
restrictions: (a) All copyright and other intellectual proprietary rights in or
relating to any of the Design Materials, shall remain the property of the Architect
or Design Subcontractor whether or not the Project is constructed. It is understood
that, except as provided in this paragraph, the Architect and Design Subcontractor
shall have the right to use any detail, part, concept or system(s) shown on,
specified in, or inferable from the Design Materials on any other project and to
retain copies for the Architect's or Design Subcontractor's future use; (b) City
shall not, without prior written consent of the Architect or Design Subcontractor
use Design Materials or documents, in whole or in part, for the construction of
any other project If, however, City agrees to indemnify the owner of the
intellectual property rights against liability arising from the misuse or incorrect
use of Design Materials by City, City shall be entitled to, at no additional cost to
the City, use such materials and documents for additions, improvements, changes
or alterations to the Project after completion; provided, however, that the
materials and documents shall not be used for additional phases of this Project. If
Architect is in default under this Contract and the Contract is terminated, City
shall be entitled to use the Design Materials for completion of the Project by
others without additional compensation, or a release, indemnification or other
action by City; (c) Any reproduction of the Design Materials or part of them shall
be faithful and accurate to the original and of good quality; (d) City shall not
remove or alter, and shall reproduce and prominently display on all copies made
8
by City, the copyright notice and other proprietary legends appearing on the
Design Materials when delivered to City. The restrictions set forth in (c) and (d)
above shall be imposed by City on any third party to whom the City allows to
display or publish the Design Materials. Notwithstanding anything contained in
this Agreement to the contrary, the City shall not use Architect's name in any
project literature without Architect's prior written consent. All identifying
information on Architect's Design Materials shall be removed prior to
distributing them in any bid packet or to the supplanting architect. Architect shall
not be liable for any damages arising from changes made to the Design
Materialsby the City or any other party.
It is understood that City considers the Project's aggregate architectural
expression (that is, the overall combination of the Project's visually apparent
design features) and any distinctive individual features, to be unique and of
commercial value, and the Architect and its Design Subcontractors agree not to
design or build, or allow other third parties the use of the Design Materials to
design or build another structure(s) having a substantially similar architectural
expression so that an average person would relate the structure(s) to the Project.
Architect and its Design Subcontractors shall, however, be free to use individual
features from the Project or combinations of features in other projects, so long as
the Architect complies with the first sentence of this paragraph. Architect shall
include this provision in its contracts with its Design subcontractors and provide
copies of these agreements to City.
d. As of the conclusion of the Project, or in the event of termination of the
Agreement, Architect shall turn over to City any of the Design Materials referred
to in above which have not yet been submitted to City. Architect shall submit the
Design Materials to City within ten days of the conclusion of the project, or date
of termination. In the event of the failure by Architect to make such delivery as
provided above, Architect shall pay City any damages City may sustain from the
failure.
15. Annual Appropriations. If the Agreement awarded as a result of a bid or request
for proposals extends beyond the calendar year, nothing herein shall be construed as an
obligation by the City beyond any amounts that may be, from time to time, appropriated by the
City on an annual basis. It is understood that payment under any agreement is conditional upon
annual appropriation of funds by said governing body and that before providing services or
materials for which funds have not been appropriated.
16. Completeness of Agreement. It is expressly agreed that this agreement contains
the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal
or written representations, agreements, warranties or promises pertaining to the project matter
thereof not expressly incorporated in this writing.
17. ~ Notice. Any written notices as called for herein may be hand delivered to the
respective persons and/or addresses listed below or mailed by certified mail return receipt
9
requested, to:
City:
City Manager
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Architect:
Stephen Holley
Poss Architecture + Planning
605 Fast Main Street
Aspen, CO 81611
18. Non-Discrimination; penalty. No discrimination because of race, color, creed, sex,
marital status, affectional or sexual orientation, family responsibility, national origin, ancestry,
handicap, or religion shall be made in the employment of persons to perforni services under this
contract. Architect agrees to meet all of the requirements of City's municipal code, Section 13-
98, pertaining to non-discrimination in employment.
19. Waiver. The waiver by the City of any term, covenant, or condition hereof shall
not operate as a waiver of any subsequent breach of the same or any other term. No term,
covenant, or condition of this Agreement can be waived except by the written consent of the
City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a
waiver of any term, covenant, or condition to be performed by Architect to which the same may
apply and, until complete performance by Architect of said term, covenant or condition, the City
shall be entitled to invoke any remedy available to it under this Agreement or by law despite any
such forbearance or indulgence.
20. Execution of Agreement by City. This agreement shall be binding upon all parties
hereto and their respective heirs, executors, administrators, successors, and assigns.
Notwithstanding anything to the contrary contained herein, this agreement shall not be binding
upon the City unless duly executed by the City Manager or Mayor of the City of Aspen (or a
duly authorized official in his absence) following a Motion or Resolution of the Council of the
City of Aspen authorizing the City Manager or Mayor (or duly authorized official in his absence)
to execute the same.
21. General Terms.
(a) It is agreed that neither this agreement nor any of its terms, provisions,
conditions, representations or covenants can be modified, changed, terminated or amended,
waived, superseded or extended except by appropriate written instrument fully executed by the
parties.
(b) If any of the provisions of this agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or
limitations to this understanding except those as contained herein at the time of the execution
hereof and that after execution no alteration, change or modification shall be made except upon a
writing signed by the parties.
10
(d) This agreement shall be governed by the laws of the State of Colorado as from
time to time in effect.
(e) There are no third party beneficiaries to this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be
executed by their duly authorized officials, this Agreement in three copies each of which shall be
deemed an original on the date hereinafter written.
Dated:
ATTESTED BY:
WITNESSED BY:
CITY OF ASPEN, COLORADO:
By:
ARCHITECT:
Bill Poss & Associates, Architecture &
Planning, P.C.
By:
Bill P ss President
By:
APPROVED AS TO FORM BY:
City Attorney
REVIEWED BY:
Project Manager
EXHIBIT "A"
Scope of Work
SCOPE OF SERVICES
Phase I Predesign Services. This includes assisting the Owner in establishing the architectural
program, financial and time requirements and limitations for the project prior to beginning
design.
Phase 2 Site Analysis Services. These services will be provided during the predesign phase and
other phases during project design. These services include coordination with the landscape
architect in order for the landscape architect and civil engineer to provide sketches and drawings
which outline land utilization, structure placement, utility systems and landscape concepts and
forms.
Phase 3a Conceptual Design. Conceptual Design includes an analysis of the requirements for the
project and preparation of design studies which illustrate the scale and relationship of the project
components.
Phase 9 Supplemental Services. These are special studies, surveys, designs, and documentation
in addition to the Basic Services outlined above in Phase 1 through 3a. These studies may be
provided in a single phase or during several phases, when requested in writing by the Owner.
These surveys, studies, designs, and documentation are billed as Additional Services to this
agreement and are not included in the Basic Services.
Supplemental. services are defined as variance requests, zoning processing, historic preservation
review, 1041 hazard or special review procedures, public hearings and renderings and models for
project promotion.
Services for interior design are defined as the selection of furniture, finishes, fabrics, and wall
coverings.
Services for interior architecture are defined as the design and documentation of interior features
including stairs, fireplaces, millwork and cabinetry, trusses, and paneling.
Due to the expedited nature of the scope of services requested the above outlined Phases will run
concurrently over the course of a specific time period in order to meet the schedule of the Owner.
Three milestones have been identified with specific project deliverables which are outlined in
Schedule Target Completion Dates, below.
12
OWNER'S RESPONSIBILITIES
1. Survey. The Owner agrees to provide a site survey with all information relating to any
dominant estates on the property, a project program, project budget, schedule, radon testing,
hazardous material evaluation, and information relating to the sewer, storm sewer, water, gas
services and other utilities when applicable.
2. Geotechnical Investigation. The Owner shall provide a soils report showing all soils
conditions and percolation tests when required. A soils engineer shall make all recommendations
for surface drainage requirements, when applicable.
3. Record Title Holder Owner warrants and represents that it is the sole record title holder of the
property described above or, if it is not the record title holder, that the record title holder has
provided Owner with authority to contract for this work with Architect for the benefit of the
property.
4. Progress Review and Sign-Offs During the project, on Milestones 1 through 3, the Architect
will provide the Owner with a progress set for review and sign-off. The purpose of these reviews
and signoffs is to ensure the project is continuing on a direction suitable to the Owner.
The Owner should review any set submitted to it as quickly as possible and make any comments
regarding incorrect issues in writing. If the Owner fails to respond to a sign-off request or makes
changes to portions of the work already signed-off upon, the Architect will make a request for
Additional Services as described in Exhibit B in order to adjust the design or the documents.
13
SCHEDULE TARGET COMPLETION DATES
The following. is an estimate of the dates for performances of the Schedule of Services:
Milestone 1 September 4, 2008
1. Block Unit Diagrams (For up to three Site and Capacity Schemes)
2. Code Analysis and Accessibility Analysis in support of the Site Plan
3. Draft Conceptual Specification (General Conditions Only)
4. Attendance as required at meetings with the Asset Management Department, City of Aspen
Staff, City of Aspen Governing Bodies and Burlingame ROA
Milestone 2 October 2, 2008
1. Building Floor Plans
2. Unit Plans
3. Preliminary Massing Section Studies
4. Conceptual Building Elevations (One elevation each for a Small, Medium and Large structure)
5. Draft Conceptual Specification
6. Attendance as required at meetings with the Asset Management Department, City of Aspen
Staff, City of Aspen Governing Bodies and Burlingame ROA
Milestone 3 November 6, 2008
1. Building Floor Plans
2. Primary Building Elevations
3. Conceptual Specification
4. Attendance as required at meetings with the Asset Management Department, City of Aspen
Staff, City of Aspen Governing Bodies and Burlingame ROA
If, through no fault of the Architect, the project extends beyond the ending date identified as
Milestone 3, and the Architect can demonstrate additional costs due to the extended schedule, the
Architect is entitled to compensation for additional project management and overhead cost as an
Additional Service.
14
EXHIBIT "B"
Rate Schedule
COMPENSATION
1. Fee Structure. For this project, the Architect will use the following fee structure:
Phase 1 through Phase 3a
For these phases, the Architect will bill hourly on a time and materials basis for services
rendered. For the Owner's planning purposes, the Architect will provide the Owner with an
estimate of the anticipated professional services fees for these phases over the course of the three
milestones. However, due to the varied nature of the creative design process, this estimate should
not be considered a top set fee for these phases.
Phase 9
As stated in Exhibit "A", these services, if required, will be considered Additional Services and
the Architect will bill hourly on a time and materials basis for services rendered.
2. Hourly Billing Rates for Professional Services. The following hourly billing rates for
professional service will be used by the Architect for services rendered in Phases 1 through 3a
and for services rendered as Additional Services as described in Paragraph I below.
Classification Hourly Rate
Principal/Sr. Principal/Partner $200.00 to $275.00
Associate/Sr. Associate $175.00 to $200.00
Project Manager/Project Architect/Sr. Project Manager $120.00 to $175.00
Job Captain/Sr. Job Captain $90.00 to $120.00
Jr. Draftsman/Intern/Draftsman/Sr. Draftsman $60.00 to $90.00
Project Support Staff $60.00 to $90.00
Office/Support Staff $50.00 to $100.00
The hourly rates set forth above shall be adjusted in accordance with normal salary review
practices of the Architect.
3. Reimbursable Expenses are in addition to compensation for architectural services.
Reimbursable expenses shall include reproduction costs, postage, long distance telephone and
reasonable travel expenses.
4. Estimated Fees. Architect estimates that the total fees for Basic Architectural Services for the
project will be between $140,000 and $185,000, allocated to each of three milestones shown
below. The fee includes only the Architects professional services for Basic Architectural
Services.
15
Architectural Fee Estimate:
Phases 1 through 3a (Estimated Fee)
Milestone 1 (09/03/2008) $52,000.00*
Milestone 2 (10/03/2008) $70,000.00
Milestone 3 (11/03/2008) $63,000.00
Total Basic Architectural Fee $185,000.00
*Inclusive of all work perfOlmed to date. (Amount already billed is $35,588.34)
Phases 9 (Estimated Fee)
Perspective Renderings (2 Renderings) $ 3,000.00
3D Model (Structures and Site Integration) $ 18,000.00
Total Architectural Fee (Additional Services) $ 21,000.00
Grand Total of Estimated Architectural Fees for this Contract: $206,000.00
16
Certification and Supplemental Conditions to Contract for Services Conformance with
17.5.101, et seq.
Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bi1106-
1343 that added a new article 17.5 to Title 8 of the Colorado Revised Statutes entitled "Illegal
Aliens Public Contracts for Services." This new law prohibits all state agencies and political
subdivisions, including the City of Aspen, from knowingly employing or contracting with an
illegal alien to perforrn work under a contract, or to knowingly contract with a subcontractor who
knowingly employs or contracts with an illegal alien to perform work under the contract. The
new law also requires that all contracts for services include certain specific language as set forth
in the statutes. This Certification and Supplemental Conditions has been designed to comply with
the requirements of this new law.
Applicability. The certification and supplemental conditions set forth herein shall be required to
be executed by all persons having a public contract for services with the City of Aspen.
Definitions. The following terms are defined in the new law and by this reference are
incorporated herein and in any contract for services entered into with the City of Aspen.
"Basic Pilot Program" means the basic pilot employment verification program created in
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress,
as amended, that is administered by the United States Department of Homeland Security.
"Contractor" means a person having a public contract for services with the City of Aspen.
"Public Contract for Services" means any type of agreement, regardless of what the
agreement may be called, between the City of Aspen and a Contractor for the procurement of
services. It specifically means the contract or agreement referenced below.
"Services" means the furnishing of labor, time, or effort by a Contractor or a
subcontractor not involving the delivery of a specific end product other than reports that are
merely incidental to the required performance.
PURSUANT TO SECTION 8-17.5-101, C.R.S., et. seq.:
By signing this document, Contractor certifies and represents that at this time:
(i) Contractor does not knowingly employ or contract with an illegal alien; and
(ii) Contractor has participated or attempted to participate in the Basic Pilot Program in
order to verify that it does not employ illegal aliens.
The Public Contract for Services referenced below is hereby amended to include the following
terms and conditions:
1. Contractor shall not knowingly employ or contract with an illegal alien to perform work
under the Public Contract for Services.
2. Contractor shall not enter into a contract with a subcontractor that fails to certify to the
Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under the Public Contract for Services.
3. Contractor has verified or has attempted to verify through participation in the Federal
Basic
Pilot Program that Contractor does not employ any illegal aliens; and if Contractor has not been
accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for
Services, Contractor shall forthwith apply to pal l icipate in the Federal Basic Pilot Program and
shall in writing verify such application within five (5) days of the date of the Public Contract.
Contractor shall continue to apply to participate in the Federal Basic Pilot Program and shall in
writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the
public contract for services has been completed, whichever is earlier. The requirements of this
section shall not be required or effective if the Federal Basic Pilot Program is discontinued.
4. Contractor shall not use the Basic Pilot Program procedures to undertake pre-employment
screening of job applicants while the Public Contract for Services is being performed.
5. If Contractor obtains actual knowledge that a subcontractor performing work under the
Public
Contract for Services knowingly employs or contracts with an illegal alien, Contractor shall:
(i) Notify such subcontractor and the City of Aspen within three days that Contractor has
actual knowledge that the subcontractor is employing or contracting with an illegal alien; and
(ii) Terminate the subcontract with the subcontractor if within three days of receiving the
notice required pursuant to this section the subcontractor does not cease employing or
contracting with the illegal alien; except that Contractor shall not terminate the Public Contract
for Services with the subcontractor if during such three days the subcontractor provides
information to establish that the subcontractor has not knowingly employed or contracted with an
illegal alien.
6. Contractor shall comply with any reasonable request by the Colorado Department of
Labor
and Employment made in the course of an investigation that the Colorado Department of Labor
and Employment undel l akes or is undertaking pursuant to the authority established in
Subsection 8-17.5102 (5), C.R.S.
7. If Contractor violates any provision of the Public Contract for Services pertaining to the
duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public
Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be
liable for actual and consequential damages to the City of Aspen arising out of Contractor's
violation of Subsection 8-17.5-102, C.R.S.
18
Public Contract for Services:
Cor
By:
Title: ~,~"(~j~''
19
MEMORANDUM
TO: Mayor Ireland and Aspen City Council
FROM: Stephen Kanipe, Chief Building Official
THROUGH: Chris Bendon, Community Development Director
DATE OF MEMO: December 6, 2008
MEETING DATE: December 8, 2008
RE: Amend Title 8, Building Codes, of the Aspen Municipal Code to
include Carbon Monoxide Detector Regulations, First Reading of
Ordinance #1~;~Series of 2008
REQUEST OF COUNCIL: Staff requests action from Council regarding an Ordinance
requiring carbon monoxide detectors in all new and existing residential construction.
SUMMARY: In response to the recent tragedy involving a family's death likely due to
carbon monoxide poisoning, the City of Aspen and Pitkin County are working towards
additional requirements for carbon monoxide detectors in new construction projects. The
proposed Ordinance is developed jointly by Pitkin County, the Aspen Fire Protection
District and City staff after reviewing other municipal Iaws specific to carbon monoxide
detector regulation. Sadly, all of these communities responded to events like the one we
experienced here.
The proposed ordinance considered the best of and most applicable sections of the
example communities and addresses requirements for both existing and new residential
construction. It is applicable to all buildings that provide a place for people to sleep;
single family private homes, apartments, condominiums, hotels, timeshare units, the jail,
the hospital and homeless shelters. The requirement applies to any "sleeping area".
The proposed ordinance also addresses the location, placement and number of detectors
determined by the arrangement of the sleeping areas in the residential structure.
BACKGROUND: The city and county already require CO monitors, despite the
International Building and Residential Code's lack of a requirement. The city and
county's requirements were put into place in 2003 as part of an "above-code' program
known as the Efficient Building Program. Consistent with the thinking at the time the
program was developed, carbon monoxide was considered an air pollutant and not alife-
safety threat. Similar national programs still consider carbon monoxide produced by a
car running in the garage the greatest danger in a home.
New single family and duplex construction in Aspen and Pitkin County are already
required to install a CO monitor; however; that regulation is fairly nonspecific in terms of
placement in a home and the monitor could simply be placed in the garage. The efficient
building program does require the monitor to be installed "according to the
manufacturer's instruction°, yet these vary between manufacturers. New regulations
contained in the 2009 International Residential Code will likely be more specific and
comprehensive but apply only to single family, duplex and townhome construction. The
proposed City and County ordinance will also apply to hotel and multi-family
construction.
RECOMMENDATION: Staff recommends approval of Ordinance #~ 2008 on
first reading.
ORDINANCE NO. ~,
(SERIES 2008)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING TITLE 8 OF THE ASPEN MUNICIPAL CODE BY
THE ADDITION OF A NEW CHAPTER 8.15 TO ESTABLISH THE
RESPONSIBILITIES FOR CARBON MONOXIDE DETECTORS.
WHEREAS, exposure to carbon monoxide (CO), a colorless, odorless gas, can cause
headaches, dizziness, nausea, faintness, and, at high levels, death; and
WHEREAS, carbon monoxide (CO) may be present in residential occupancy sleeping
areas as a result of sources of heat or energy created by fossil fuels or by the use of
machinery or vehicles powered by fossil fuels, causing a significant risk to their
occupants, as well as emergency services personnel who may come to their aid; and,
WHEREAS, a tragedy occurred in the vicinity of the City of Aspen on the night of
November 27, 2008, resulting in the deaths of four people from cazbon monoxide
poisoning; and,
WHEREAS, The City Council considers it in the best interest of the public health,
safety, and welfare of the citizens and guests of Aspen to adopt this Ordinance;
NOW THEREFORE, BE IT ORDAINED BY THE CTTY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
Section 1.
Title 8 of the Aspen Municipal Code is hereby amended by the addition of a new
Chapter 8.15, which chapter shall read as follows:
Chapter 8.15
Carbon Monoxide Detectors
Section 8.15.010 Purpose.
This chapter is enacted for the purpose of protecting the health and safety of the
residents of the City, its visitors and employees, by requiring operable cazbon monoxide
detectors in existing residential occupancies thereby hopefully reducing the number of
injuries and fatalities resulting from carbon monoxide (CO) poisoning.
Section 8.15.020 Definitions.
The following terms as used in this chapter shall have the indicated meaning:
Building Codes: The building, fire and other technical codes adopted pursuant to Chapter
8 of this Code.
CO Detector: A device sensing invisible particles of carbon monoxide that is either
battery powered or AC powered with battery back up that has been installed in
accordance with its manufacturer's recommendations, which, when activated, will
provide some form of visual or audible detector, and which has been either UL
(Underwriters Laboratories Inc.) listed or CSA (Canadian Standazds Association)
approved.
Dwelling: Any building or portion thereof containing one or more dwelling units
occupied as, or deigned or intended for occupancy as, a residence by one or more
families.
Dwelling Unit: Any building or portion thereof designed, occupied, or intended as a
residence, with complete and independent living facilities for one or more persons
including permanent provisions for living, sleeping, eating, coolang and sanitation.
Residential Occupancies:
A. Any of the residential uses as such terms are defined and described in
International Residential Code and International Building Code in Chapter 8.16 and 8.20
of this Code.
B. Any residential occupancy or any institutional occupancy with sleeping units
as such terms are defined in the building codes.
C. Any other occupancy used for sleeping purposes.
Separate Sleeping Area: Bedrooms or sleeping rooms sepazated by other use azeas, such
as a kitchen or living room, but not including bathrooms.
Sleeping Unit: A room or space in which people sleep, which can also include permanent
provisions for living, eating, and either sanitation or kitchen facilities but not both.
Section 8.15.030 Responsibilities.
A. All existing residential occupancies and all residential occupancies to be
constructed after the effective date of this ordinance shall be equipped with CO detectors
in accordance with the requirements of this Chapter,
B. The owner of a residential occupancy shall be responsible to install and
maintain required CO detector(s) in such residential occupancy in accordance with the
requirements of this Chapter. The owner of a residential occupancy shall test and replace
all batteries necessary for operation of a required CO detector, except for dwellings or
dwelling units where the tenant has been. notified of such responsibility. The owner of a
residential occupancy shall immediately repair or replace any defective CO detector
required under the provision of this Chapter.
C. The owner of a dwelling or dwelling unit that is rented or leased to a tenant,
shall immediately, upon notice from the tenant, repair or replace a defective CO detector
required to be located within such dwelling or dwelling unit, except that the owner need
not repair or replace any CO detector where the defective condition was caused by the
tenant, the tenant's family, or the tenant's guests or invitees. The owner shall install new
batteries in any required CO detector at the beginning of a new lease or tenancy. The
owner shall furnish to the tenant at the beginning of a new lease or new tenancy written
notice of the owner's responsibility to install and maintain a required CO detector on the
premises. The tenant shall inform the owner of any CO detector malfunction, test and
replace batteries necessary for operation and repair or replace a defective CO detector in
the event that the defective condition was caused by the tenant, the tenant's family, or the
tenant's guests or invitees, by inappropriate use or misuse of the dwelling or dwelling
unit during the rental term or any extension of it.
D. A tenant in possession of a dwelling or dwelling unit shall be responsible for
testing and replacing any batteries necessary for operation of a required CO detector,
informing the owner of a CO detector malfunction and repairing or replacing a defective
CO detector in the event that the defective condition was caused by the tenant, the
tenant's family, or the tenant's guests or invitees, by inappropriate use or misuse of the
dwelling or dwelling unit during the rental term or any extension of it.
8.15.040 Carbon Dioxide Detector -Installation Requirements.
A. Cazbon Dioxide detector(s) shall be centrally located outside of each sepazate
sleeping azea in the immediate vicinity of the bedrooms or sleeping rooms. Residential
occupancies shall be considered to be in compliance with this requirement if CO
detector(s) aze installed as follows: within a dwelling unit, on the ceiling or wall outside
of each sepazate sleeping azea within twenty feet (20') of any door leading to a bedroom
or sleeping room. Where sleeping units, or more than six dwelling units, shaze a common
hallway, CO detector(s) shall be installed on the ceiling or wall of the common hallway
within forty feet (40') of any door leading to a dwelling unit or a sleeping unit or within
any sleeping unit where a CO detector is not located in the adjacent common hallway
described above.
B. It is the intention of this Chapter to implement the requirements of the existing
building codes, including NFPA #720, 2009 edition approved as an American October
10, 2008, to the greatest extent practicable for existing residential occupancies. The
building official or the fire mazshal may approve altemative locations or methods for the
installation of CO detectors, if the result would meet the spirit and intent of the building
codes and NFPA #720. The building official, in coordination with the fire mazshal, may
also adopt written guidelines illustrating or describing required locations of CO detectors,
and any approved alternative locations or methods for bringing residential occupancies
into compliance with the requirements of this chapter.
C. A CO detector is deemed apptoved for purposes of this Chapter if it complies
with all applicable state and federal regulations, and bears the label of a nationally
recognized standard testing laboratory and meets the revised standazd of at least UL 2034
and subsequent revision or its equivalent.
D. Each CO detector shall be mounted in accordance with the manufacturer's
instructions, though ceiling mounting is preferred. CO detector(s) may not be mounted in
azeas of low air movement (dead air spaces),
E. If a CO detector is required to be installed in a common hallway and found to
be tampered with it shall be replaced with a hazd-wired device (missing or inoperable
batteries shall not constitute tampering). Any CO detector found to be missing a battery
shall be replaced by the owner with a tamper proof CO detector with a sealed battery.
Section 8.15.050 Prohibitions.
A. It shall be unlawful for any owner of a residential occupancy to fail to install
and maintain an operable CO detector when required under the provisions of this chapter.
B. It shall be unlawful for any person to remove or render ineffective a CO
detector installed to satisfy the requirements of this ordinance. This provision shall not
apply to a building owner, manager or his/her agent in the normal procedure of repairing
or replacing a CO detector.
C. No person shall, without privilege to do so, lmowingly move, deface, damage,
destroy or otherwise improperly tamper with a CO detector required to be installed
pursuant to the provisions of this Chapter so as to destroy or diminish its effectiveness or
availability for its intended purpose.
Section 8.15.060 Enforcement Responsibility.
The building official and the fire chief, or their designees, shall monitor
compliance with this Chapter and may perform enforcement inspections upon, but not
limited to, the following instances: when notified of a change in occupancy; when
reviewing or inspecting the construction, repair, rehabilitation or renovation of the
interior of a residential occupancy pursuant to a required permit, when inspecting at the
request of the building owner; when inspecting for any other purpose under the
provisions of this code; or when on the premises for any lawful purpose, including but
not limited to such purposes as responding to a fire or other request for fire department
services.
Section 8.15.070 Penalties and Remedies for Violations.
A. Infraction: A violation of the provisions of this Chapter is an infraction and
upon conviction shall be punishable as set forth in Chapter 1.04 of this Code.
B. Other Remedies: This Chapter may also be enforced by injunction,
mandamus, judicial abatement or any other appropriate action in law or equity.
C. Daily Violations: Each day that any violation of this Chapter continues shall be
considered a sepazate offense for purposes of the penalties and remedies available to the
city.
8.15.080 Effective Date: All owners of existing residential occupancies shall come
into compliance with the requirements of this Chapter on or before Mazch 1, 2009.
Section 2.
This ordinance shall become effective 30 days following passage and publication.
Section 3.
This ordinance shall not have any effect on existing litigation arid 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 construed and concluded under such prior
ordinances.
Section 4.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
A public hearing on the ordinance shall be held on the day of in the
City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by ]aw by the City Counci]
of the City of Aspen on the day of , 2008.
Michael C. Ireland, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
APPROVED AS TO FORM:
John P. Worcester, City Attorney
FINALLY adopted, passed and approved this day of , 2008.
Michael C. Ireland, Mayor
1PW-saved: 12/6/2008-2085-G:\john\wordbrds\carbon monoxide detec[ors.doc
Villa.
The Ci[Y of Aspen
Memorandum City umorneY~ O~iee
TO: Mayor and Members of Council
FROM: Tara L. Nelson, Sr. Paralegal
THRU: John P. Worcester, City Attorney
DATE OF MEMO: December 1, 2008
MEETING DATE: November 8, 2008
RE: Ordinance No. 40 Series 2008 -Fee Increases, '
REQUEST OF COUNCIL: Attached for your consideration and review is a
proposed ordinance that, if approved, would increase the fees charged for certain
services provided by City Departments. Appended hereto please find individual
memoranda from the Department Heads proposing fee increases for 2009. The
Finance Department has provided a spreadsheet depicting the 2008 current fee, 2009
proposed fee, and percentage increase if applicable.
The Fee Ordinance maintains the City's policy of requiring consumers and users of its
programs and services to pay fees that are deemed fair and appropriate for the costs of
providing such programs and services.
DISCUSSION: Each department has provided discussion in their respective
departmental memorandums, please review their attached memos.
FINANCIAL/BUDGET IMPACTS: The increased revenues associated with these fee
increases have been factored in the current budget and will affect future year budgets by
increasing the baseline revenues from which future revenues are forecasted from. There
will be no budget amendment necessary.
Community Development Department issued a Request for Proposals for professional
services in the first quarter of 2008 to complete a comprehensive study on the fees that
Community Development is currently charging. That study should be complete in
December of this year and you should see Community Development recommendations
for additional changes at a later date.
PROPOSED MOTION: I move to approve Ordinance # ~~ 2008
CITY MANAGER COMMENTS:
ATTACHMENTS: Exhibit A -Financial Spreadsheet
ORDINANCE NO. "1 Q
Series of 2008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN
TO INCREASE CERTAIN MUNICIPAL FEES
WHEREAS, the City Council has adopted a policy of requiring consumers and
users of the miscellaneous City of Aspen programs and services to pay fees that fairly
approximate the costs of providing such programs and services; and
WHEREAS, the City Council has determined that certain fees currently in effect
do not raise revenues sufficient to pay for the attendant costs of providing said
programs and services.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1.
That Section 2.12.014 of the Municipal Code of the City of Aspen, Colorado, which
section sets forth Aspen Recreation Department FUN pass fees, is hereby amended to
read as follows:
2.12.014 Recreation Department Fun Pass
The Recreation Department shall issue Fun Passes that provides access to the holder of
such a pass to the following facilities and activities: use of the James E. Moore Pool,
public or open skating at the Lewis Ice Arena or Aspen Ice Garden, use of the climbing
wall at the Red Brick Recreation Center, fitness classes held at the Red Brick
Recreation Center, aquatic fitness classes at the Aspen Recreation Center, tennis court
rental and usage at the Aspen Tennis Center. Usage, participation and access to the
above activities may be limited to certain times and dates as indicated on the pass.
Daily Admission
Youth Resident 7.50
Youth Guest 15.00
2
Adult Resident 9.50
Adult Guest 17.00
Senior 7.50
Twilight 5.50
Guest 10 Visit Card 119.00
Monthly Pass
Youth Resident 44.00
Reoccurring Youth Resident 38.00
Adult Resident 80.00
Reoccurring Adult Resident 70.00
Family Resident 158.00
Reoccurring Family Resident 142.00
Each Additional 15.00
20 Visit Card
Youth Resident 104.00
Adult Resident 156.00
6 Month Pass
Youth Resident 210.00
Adult Resident 261.00
Family Resident 569.00
Each Additional 52.00
Annual Pass
Youth Resident 379.00
Adult Resident 468.00
Family Resident 1,022.00
Each Additional 103.00
Section 2.
That Section 2.12.015 of the Municipal Code of the City of Aspen, Colorado, which
section sets forth Aspen Recreation Center fees, is hereby amended to read as follows:
2.12.015 Aspen Recreation Center
Meeting Room rental
Nonprofit Use 56.00
For profit use 80.00
Exclusive Use of Facility
3
Aspen Ice Garden (AIG) and Lewis Ice Arena (LIA)
For Profit Use Negotiated
Non Profit Use Negotiated
CP!'tlnn 2
That Section 2.12.020 of the Municipal Code of the City of Aspen, Colorado, which
section sets forth certain user fees for the Aspen Ice Garden and Lewis Ice Arena, is
hereby amended to read as follows:
Sec. 2.12.020 Aspen Ice Garden and Lewis Ice Arena
ICE RENTAL & USAGE RATES
General Rental & Camps
AIG 230.00
LIA 240.00
Adult Non-Profit Prime
AIG 193.00
LIA 214.00
Adult Non-Profit Non-Prime Ice
AIG 183.00
LIA 203.00
Youth Non-Profit Prime Ice
AIG 188.00
LIA 203.00
Youth Non-Profit Non-Prime Ice
AIG 172.00
LIA 188.00
Skate Sharpening 6.50
Pick Up Hockey
One time 13.50
10 Punch 114.00
Free Style Sessions 10.50
4
Free Style 20 Punch Pass 155.00
Skating Classes 12.50
LOCKER RENTAL
Annually 250.00
Monthly 26.00
Weekly Camps 15.50
Section 4.
That Section 2.12.030 of the Municipal Code of the City of Aspen, Colorado, which
section sets forth leisure and recreation user fees, is hereby amended to read as follows:
2.12.030 James E. Moore Pool
Youth Swimming Lessons
Pass Holder
Non Pass Holder
Private Swim Lessons
Pass Holder
Non Pass Holder
Kayak Roll Sessions
Water Polo Drop Ins
Masters Swim Drop In
Rentals
56.00
74.00
30.00
40.00
5.50 plus admission
3.50 plus admission
3.50 plus admission
Entire Aquatic Facility for Profit 223.00
Entire Aquatic Facility Non-Profit-Adult 180.00
Entire Aquatic Facility Non-Profit-Youth 157.00
Single Pool Rate For Profit 84.00
Single Pool Rate Non-Profit 74.00
Single Lane Rental in Lap Pool Non-Profit 15.50
Single Lane Rental Lap Pool -For Profit 17.50
CPf`tlnn 5
That Section 2.12.040 of the Municipal Code of the City of Aspen, Colorado, which
section sets forth leisure and recreation user fees, is hereby amended to read as follows:
5
2.12.040 Miscellaneous leisure and recreation fees
GYMNASTICS
Beginner 64.00
Beginner 2 days/week 111.00
Intermediate 86.00
Intermediate 2 days/week 134.00
Beginner Boys 55.50
Beginner Boys 2 days/week 88.50
Intermediate Boys 86.50
Intermediate Boys 2 days/week 134.00
Advanced Boys 134.00
Super Tots (4-5 yrs) 50.50
Hot Shots 142.00
Leve14, 5 & 6 - 3 days/week 190.00
Level 4, 5 & 6 - 4 days/week 200.00
Level 4, 5 & 6 - 5 days/week 210.00
Levels 7, 8, 9, 10 230.00
Big Air (Teens & Adults) 67.00
Parent/Tot (1.5-3 yrs) 50.00
Tots (3-5 yrs) 50.00
Gymfants (10 mo - 2 yrs) 33.00
Trapeze (1 day/week) 67.00
Gym Rental/hour 57.50
SOFTBALL/BASEBALL
Youth Baseball 109.00
Tee-Ball 60.00
Girls Softball 109.00
DAY CAMP
Day Camp 31.00/day
1 time activity fee (local) 31.00/day
1 time activity fee (guest) 55.00/day
Guest Fee 55.00/day
TENNIS
Monday/Wed/Friday (6 hours) 77.00
Tuesday/Thursday (4 hours) 56.00
Team (60 hours) 556.00
Tennis Clinics 15.50
Tennis Court Rental Fees 9.50
6
SAILING
Sailing 556.00
CLIMBING WALL
Beginner Rock Rats 72.00
Boulder Rats 50.00
Intermediate/Advanced Climbing 82.00
Beg. Ages 10+ 58.00
Jr. Rats 29.00
YOUTH INTRAMURALS (50 M
Kickball ls`/2"d Grade
Kickball 3rd/4`t` Grade
Floor Hockey 1 S`/2"d Grade
Floor Hockey 3rd/ 4d' Grade
Gym Olympics
[NUTES for 5 WEEKS)
45.00
45.00
33.00
33.00
33.00
YOUTH SOCCER
Kindergarten (2 hours/week @ 5 weeks) 46.50
6 to 9 years (3 hours/week @ 6 weeks) 87.50
YOUTH BASKETBALL (Grades 1 though 8)
Kindergarten 45.00
(2 hours/week @ 7 weeks) 64.00
TRACK
Track 15 & Under 45.00
ADULT PROGRAMS
Mens Softball League 915.00
Co-Ed Softball League 775.00
Adult Flag Football 405.00
Mens Basketball 725.00
Mens Soccer 1,004.00
Womens Soccer 555.00
Drop In Basketball 5.00
Drop In Volleyball 5.00
CP[`.tlnn Fi
That Section 2.12.045 of the Municipal Code of the City of Aspen, Colorado, which
section sets forth Wheeler Opera House fees, is hereby amended to read as follows:
7
2.12.045 Wheeler Opera House.
For-Profit Rentors ~ Not-For-Profit Rentors
REGULAR PERFORMANCE RATE _ $250 per day
(Also includes rehearsal days) {
40% additional per added performance, same
day;
60% additional per each additional day.
Three-day maximum in-season, four off-
season.
PRIVATE EVENTS/Non-Corporate
PRIVATE EVENTS/Non-Corporate/
Christmas -New Year's Week only
PRIVATE EVENTS/Corporate
PRIVATE EVENTS/Corporate/
Christmas -New Year's Week only
...........
PRIVATE MOVIE SCREENINGS
$750 all-inclusive
(200 patrons or less);
$750 plus expenses
(over 200 patrons)
5% of all sales
$750 all-inclusive (200
patrons or less);
$750 plus expenses
(over 200 patrons)
5% of all sales
CREDIT CARD BILLBACK 3% Visa/Mastercard, `_, 3% Vi V
sa/Mastercard;
4% American , 4% American Express
~. Express
~............_....__ ~._ __.._._._~..~ ~ _~._._............ __M___ _ _.__. .....
BOX OFFICE TICKET SELLERS $15.50/hour ~
$15.50/hour;
(Time beyond 6pm M-Sat; beyond Spm Sun) ' half-hour increments half-hour increments
TICKET PRINTING ;
THEATRE TECHNICIAN RATES
$.085 per ticket;
$25.00/hour;
$.050 per ticket
$23.50/hour;
$750 per day j
$750 per day, ;
plus $1,000
contribution to
Wheeler Endowment
Fund
$1,150 per day or
per performance
$1,150 per day or
per performance
plus $1,000
contribution to
Wheeler Endowment
Fund ':
$750 per day
$750 per day,
plus $1,000
contribution to
Wheeler Endowment
Fund
N/A
N/A
8
W . ._."_,~ _.._ _...
~`
3:
half-hour increments _.._ _ -.u ~._
half-hour increments
PRODUCTION CO-MANAGER RATES =
I
$32.00/hour;
~ $30.00/hour;
half-hour increments ~ half-hour increments
_.....
~~ TECH MATERIALS AND BACKLINE _ 3
' ..___ _.
SUPPLIES AND PIANO TUNINGS At Cost At Cost
1999 STEINWAY D (CNA) PIANO RENTAL !
~E $300/performance $200/performance
KURZWEIL PC2X 88-KEY KEYBOARD
~_
~
#: RENTAL $150/performance $100/performance
2008 DW 8-PIECE DRUM KIT RENTAL $250/performance ~ $200/performance
1965 REISSUE FENDER AMP RENTAL $75/performance ~ $50/performance
1965 REISSUE FENDER TWIN AMP
RENTAL € $75/performance ( $50/performance
~ FENDER TWIN (NEW MODEL) AMP ;
~
RENTAL ; $75/performance $50/performance
~, AMPEG SVT3-PRO BASS AMP RENTAL $75/performance $50/performance
CUSTODIAL CHARGE " _.
$70/day; ~
$50/day;
!'' ', maybe more if need ~ may be more if need
demands demands
l
i
h
f
i
MARKETING No charge for on
arge
or
nc
us
No c
inclusion in Wheeler in Wheeler website and
', website and passive passive print materials
'; print materials
RENTAL DEPOSITS
Required for first-time or fair-risk rentors only
Qertinn 7
That Section 2.12.050 of the Municipal Code of the City of Aspen, Colorado, which
section sets forth certain user fees for the Aspen Police Department, is hereby amended
to read as follows:
2.12.050 Aspen Police Department Fees
LAW ENFORCEMENT RECORDS
Accident Reports, per Report 7.00
Case reports per search 7.00
Plus per copied page 0.25
Arrest history and background checks, per search 7.00
9
Microfilm search per page 10.00
Plus per copied page 0.25
Communications logging, search per hour 25.00
Per Audio CD 15.00
Case Report/Accident Photos, per photo CD 15.00
A5PEN POLICE DEPARTMENT
Alarm user permit fee 107.00
First false alarm per year 111.00
Second false alarm per year 222.00
Third and fourth false alarm per year 335.00
All bank alarms 355.00
Late fees 12.00
Central alarm license fee 302.00
Vehicle inspection 19.00
Certified VIN inspection 20.00
Off-duty security, per officer, per hour 88.00
Notary fees, per acknowledgement 2.00
DOG VACCINATION AND LICENSE FEES:
Annual dog tag fees 16.00
Transfer fee 16.00
Replacement tag 3.50
Section 8.
That Section 2.12.051 of the Municipal Code of the City of Aspen, Colorado, which
section sets forth certain user fees for the Engineering, is hereby amended to read as
follows:
Sec. 2.12.051 Engineering Department Fees
Encroachment License application and processing fee
Vacation application and processing fee
Right-of--way permit application and processing fee
(waived for sidewalk replacement work)
Temporary occupation of ROW under encroachments
by commercial operations not associated with construction,
including contractors and vendors
353.00
353.00
353.00
$2.50 per sq. ft/month
10
Permanent Encroachment Fee
$1,000.00 per permit
Temporary occupation of ROW under encroachments within the core
by commercial operations associated with construction,
including contractors and vendors $5.44/ sq. ft /month
Temporary occupation of ROW under encroachments outside of the core
by commercial operations associated with construction ,
including contractors and vendors $2.72/ sq. ft /month
Permanent encroachment for earth retention $2.64/cu. ft. per
month
Map and plan printing $4.00 per copy
CPrtinn Q
That Section 2.12.052 of the Municipal Code of the City of Aspen, Colorado, which
section sets forth certain user fees for the Environmental Health Department, is hereby
amended to read as follows:
Sec. 2.12.052 Environmental Health Department Fees
Special or Temporary Event Plan Review fee 47.00
Special or Temporary Event Inspection fee (if needed) 47.00
Swimming pool plan review fee 79.00
Restaurant Site Inspection Fee 82.00
Food safety training 82.00
Restaurant Plan Review Fee 355.00
Food Service License $154 - $343
Section 10.
That Section 2.12.053 of the Municipal Code of the City of Aspen, Colorado, which
section sets forth certain user fees for the Geographic Information Systems (GIS)
Department, is hereby amended to read as follows:
11
2.12.053 Geographic Information System (GIS) Department Fees.
Preprinted Standard Maps
Large format (11" x 17")
Small format (11" x 17") or less)
Custom Mapping Services
Mailing Lists
Plus $1.07 /per sheet of labels
Digital Data Services
Section 11.
$27.85 each
$10.40 each
$139.00 hour
$111.00 per search
$139.00 minimum charge
That Section 2.12 of the Aspen Municipal Code is hereby amended by the addition of a
new section 2.12.130, which section shall read as follows:
2.12.130. Car To Go Carshare Program Fees.
The City of Aspen Transportation Department's carshare program known as the "Car
To Go" Program shall charge the following fees:
ITEM --- - -- FEE -~ -. _.._~
Application $25.00
Monthly membership $10.00
Hourly usage $4.00-$6.00
Per mile usage $0.25-$0.60/mile
Fixed daily rate $70.00-$90.00
Citation fee $25.00 + payment of citation
Emergency cleaning $25.00 + cleaning costs
Missing/incorrect trip ticket/reservation $25.00
NSF check $30.00
Lost key fee $50.00
Inconvenience (late return) $25.00-$50.00 + applicable taxi fees
Low fuel $25.00
ITEM CREDIT
Inconvenience $25.00 + applicable taxi fees
Referral $25.00
Refuel/Wash $3.00
12
A public hearing on the ordinance shall be held on the
day of , 2008, in
the City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the
City Council of the City of Aspen on the
day of , 2008.
Michael C. Ireland, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved this _ day of December, 2008.
Michael C. Ireland, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
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MEMORANDUM
TO: MAYOR & CITY COUNCIL
FROM: TIM ANDERSON, RECREATION DIRECTOR
THRU: CITY ATTORNEY'S OFFICE
DATE: NOVEMBER 1, 2008
RE: 2009 FEES ORDINANCE
Summary:
The 2009 Recreation Fees recommended by staff for programs and facilities include a 3%
increase over 2008 fees. This increase represents about $70,000 in additional revenues for the
general fund in2009. This increase in fees will be necessary to sustain the approved subsidy
level for Recreation plus a 3% CPI. Any decrease of this 3% recommended increase in 2009 fees
would result in a higher subsidy level for Recreation programs and facilities and/or a reduction
in service levels.
MEMORANDUM
TO: Mayor and Council
THRU: John Worcester
THRU: Richard Pryor
FROM : Patty Raab, Records Custodian, Combined Records Department
DATE: October 31, 2008
RE: Proposed Law Enforcement Records Fees for 2009
SUMMARY: This memo explains the proposed changes in the law enforcement records fees for
calendar year 2009.
BACKGROUND: Fees for Law Enforcement Records were last changed in 2004. Some of the fees
are no longer applicable and should be eliminated or changed.
DISCUSSION:
Accident reports, the case report search fee and criminal arrest searches have been $6.00 each since
2005. The fee was raised from $5.00 to $6.00 in 2005. Since it has been several years since the fee was
increased, I think an increase to $7.00 is appropriate.
The per page fee for photocopies has been $1.00 for several years. However, the 2008 Colorado
General Assembly made changes to C.R.S. §24-72-306(1) as follows:
... In addition, criminal justice agencies may charge a fee not to exceed twenty-five cents per
standard page for a copy of criminal justice record or a fee not to exceed the actual cost of
providing a copy, printout, or photograph of a criminal justice record in a format other than a
standard page.
... Where the criminal justice agency is an agency or department of any county or municipality,
the amount of such fees shall be established by the governing body of the county or
municipality in accordance with this subsection (1).
Therefore, the per page fee must be reduced from $1.00 per page to $.25 per page.
FINANCIAL IMPLICATIONS: The additional fees collected by raising the accident, case, and
criminal arrest report fees will offset the revenue loss of reducing the per page fee.
RECOMMENDATION: I recommend approval of these fee changes in order to comply with
legislative changes.
ALTERNATIVES: Council could approve larger or smaller fee increases.
CITY MANAGER COMMENTS:
MEMORANDUM
TO: Mayor and Council
THRU: John Worcester
THRU: Richard Pryor
FROM : Bill Linn
DATE: October 31, 2008
RE: Proposed Law Enforcement Administration Fees for 2009
SUMMARY: This memo explains the proposed changes in the law enforcement administration fees
for calendar year 2009, 3 percent increases per the recommendation of the City Attorney.
RECOMMENDATION: Approval of fee increases.
ALTERNATIVES: Council could approve larger or smaller fee increases.
CITY MANAGER COMMENTS:
If approved, the 2009 Law Enforcement Administration Fees will be as follows:
Alarm user permit fee 107.00
First false alarm per year 111.00
Second false alarm per year 222.00
Third and fourth false alarm per year 335.00
All bank alarms 355.00
Late fees 12.00
Central alarm license fee 302.00
Vehicle inspection 19.00
Certified VIN inspection 20.00
Off-duty security, per officer, per hour 88.00
Notary fees, per acknowledgement 2.00
DOG VACCINATION AND LICENSE FEES:
Annual dog tag fees 16.00
Transfer fee 16.00
Replacement tag 3.50
Page 2
MEMORANDUM
TO: Mayor and Council
FROM : Trish Aragon, P.E., City Engineer
DATE OF MEMO: October 31, 2008
MEETING DATE:
RE: Proposed Encroachment Fees for 2009
SUMMARY: This memo lists the proposed changes in the Engineering Department fees for the year
2009.
DISCUSSION:
Encroachment space lease payments for public amenities such as outdoor seating for restaurants will
not be increased. Encroachment space lease payments associated with construction will increase by 3%
The purpose of the encroachment lease payments associated with construction is to deter contractors
from using the right of way for storage and for construction activities associated with development.
The Right of way permit fees and encroachment permit fees will be increased by 3%.
Below is a summary of the fees:
Sec. 2.12.051 Engineering Department Fees
Encroachment License application and processing fee 353.00
Vacation application and processing fee 353.00
Right-of--way permit application and processing fee
(waived for sidewalk replacement work) 353.00
Temporary occupation of ROW under encroachments
by commercial operations not associated with construction,
including contractors and vendors $2.50 per sq. ft/month
Permanent Encroachment Fee $1,000.00 per permit
Temporary occupation of ROW under encroachments within the core
by commercial operations associated with construction,
including contractors and vendors $5.44/ sq. ft /month
Temporary occupation of ROW under encroachments outside of the core
by commercial operations associated with construction ,
including contractors and vendors $2.72/ sq. ft /month
Permanent encroachment for earth retention $2.64/cu. ft. per month
Map and plan printing $4.00 per copy
FINANCIAL IMPLICATIONS: Year to date approximately $500,000 was collected for ROW
permit fees and encroachment lease payments. This was mainly due to three large development
projects. These projects are expected to finish next year. As a result the encroachment fee revenue
should decrease to $400,000 in 2009.
RECOMMENDATION: Additionally Staff recommends approval of a 3% increase in permit fees
and encroachment.licenses.
ALTERNATIVES: Council could approve larger or smaller encroachment fees.
CITY MANAGER COMMENTS:
,1
MEMORANDUM
TO: Mayor and Council
THRU: John Worcester, City Attorney
FROM: Ada Christensen, Environmental Health Administrative Assistant
DATE: October 28, 2008
RE: Proposed Environmental Health Fees for 2009
SUMMARY: This memo lists the proposed changes in Environmental Health Department fees
for the year 2009, to partially cover our increased costs of providing these services. The City
Manager has directed staff to propose an average of a three (3) percent increase on fees for
2009. The fee schedule below reflects changes to existing fees.
Environmental Health Fees 2008
(current) 2009
(ro osed)
Special or Temporary Event Plan Review Fee $46 $47
Special or Temporary Event Inspection Fee (if needed) $46 $47
Swimming Pool Plan Review Fee (Similar to the state-set fee
structure for restaurant lan reviews.) $77/hour $79/hour
Restaurant Site Inspection Fee $80/hour $82/hour
Food Safety Training $80/hour $82/hour
Restaurant Plan Review Fee (set by state) $355 $355
(no change)
Food Service License (set by state) $154-$343 $154-$343
(no change)
BACKGROUND: Fees for food service licenses and fees for restaurant plan reviews are set by
the Colorado Department of Public Health and Environment and cannot be changed by the city.
The State has not increased their fees for several years.
DISCUSSION: Last year fees increased 4% and the year before they increased 2.6%. As stated
in the summary section, this year staff was directed to calculate a 3% increase for City Council to
consider. The result is an increase of either one or two dollars depending on fee.
FINANCIAL IMPLICATIONS: Since our two largest fees cannot be raised, the increase in our
revenues will be small. We estimate the revenue implications of these fee increases to be
Page
.. ~~
approximately $200, given the relatively small size of the fees to begin with and the small
proposed increases.
RECOMMENDATION: Staff recommends approval of these fee increases so the costs of
providing these services can be more closely recovered from those requiring the services.
ALTERNATIVES: Council could approve larger or smaller fee increases.
CITY MANAGER COMMENTS:
Page
2
MEMORANDUM
To: Mayor and City Council
THRU: John Worcester, City Attorney
Jim Considine, IS Director
FROM: Mary Lackner, GIS Manager
RE: GIS Services & Products 2009 Fees
DATE: Oct 29, 2008
The GIS Department GIS provides customer mapping services for the City of Aspen and
Pitkin County. The fees are established through the City of Aspen Municipal Code and
collected by the City. In 2007, the GIS Department generated $71,360 in revenue.
GIS is requesting a standard increase of 4% to our fee schedule. The proposed fees listed
below reflect a 4% increase.
2.12.053 Geographic Information System (GIS) Department fees.
Preprinted Standard Maps
Large format (11" x 17")
Small format (11" x 17" or less)
Custom Mapping Services
Mailing Lists
Plus $1.07/per sheet of labels.
Digital Data Services
$ 27.85 each
$ 10.40 each
$ 139.00 hour
$ 111.00 per search
$ 139.00 minimum charge
MEMORANDUM
TO: Mayor and City Council
THRU: Steve Barwick, City Manager
THRU: John Worcester, City Attorney
THRU: Jeff Woods, Parks and Recreation Manager
FROM: Steve Aitken, Director of Golf
DATE: October 30, 2008
RE: Aspen Golf Club Fees
SUMMARY: The Aspen Golf Club strives to provide a quality affordable golf facility
for locals and guests. Its continued goal will be to operate annually with fiscal
sustainability. Staff and Golf Advisory Board recommend no changes to fees for the
2009 golf season.
PREVIOUS COUNCIL ACTION: City Council approved the Golf Fund fees/rates for
the 2008 season in December 2007.
DISCUSSION: Staff and Golf Board agree that the fees approved for the 2008 golf
season, will again be appropriate for 2009.
Economical uncertainties coupled with a very competitive golf market will require our
operation to remain a quality operation that is very affordable. The current fee structure
will allow the Aspen Golf Club to be priced competitively in today's golf market.
FINANCIAL IMPACTS: With no increases to fees, Staff and Golf Board agree that
revenues for Green Fees and Golf Passes should increase over the 2008 actual amount.
Modifications to marketing strategies and golf course availability should improve the
amount of rounds played compared to 2008.
MEMORANDUM
TO: Mayor Ireland and Council
FROM: Gram Slaton, Wheeler Opera House
DATE: October 27, 2008
RE: 2009 YEAR FEES FOR WHEELER OPERA HOUSE
SUMMARY:
The slate of rental charges for clients of the Wheeler Opera House is proposed to remain the same for the
2009 year, as it has since changes were implements in 2007, with only changes in stagehand expenses and
backline rental.
DISCUSSION:
The Wheeler's slate of fees was radically changed in 2007 from its prior structure, in order to more
accurately reflect the cost of doing business at the venue. Since January 1, 2007, no changes have been
requested and overall the new structure has been met favorably by users without any negative impact to
rental or rental services revenues.
Because the Wheeler's personnel costs have increased over the past 24 months, the following changes are
requested:
• A change in the hourly charge for Theatre Technicians, from $23.50 ($21.50 for not for
profit users) to $25.00 ($23.50 for not for profit users)
• A change in the hourly charge for Production Co-Managers, from $31.50 ($28.50 for not
for profit users) to $32.00 ($30.00 for not for profit users)
Also, the Wheeler over the past year-plus has significantly increased its amount of resident backline
(musical gear such as instruments, amplifiers, etc.) and as an additional service to users can offer these
instruments for rent as below market cost:
• 1999 Steinway D (CNA) Piano - $300 for-profit/$200 not-for-profit
• Kurzweil PC2X 88-Key Keyboard - $150 for-profit/$100 not-for-profit
• 2008 DW B-Piece Drum. Kit - $250 for-profit/$200 not-for-profit
• 1965 Reissue Fender Amp - $75 for-profit/$50 not-for-profit
• 1965 Reissue Fender Twin Amp - $75 for-profit/$50 not-for-profit
• Fender Twin (New Model) Amp - $75 for-proflt/$50 not-for-profit
• Ampeg SVT3-Pro Bass Amp - $75 for-profit/$50 not-for-profit
RECOMMENDATION:
Staff recommends adoption of the fee increases for the 2009 calendar year.
CITY MANAGER COMMENTS:
vri t~
MEMORANDUM
TO: Mayor and Council
FROM: Phil Overeynder, Public Works Director
Lee Ledesma, Utility Operations Manager
CC: Steve Barwick, City Manager
CC: John Worcester, City Attorney
DATE OF MEMO: December 4„2008
MEETING DATE: December 8, 2008
SUBJECT: Proposed 2009 Revisions to Electric Rates -Public Hearing
REQUEST OF COUNCIL: During November 24~' First Reading, staff requested that
Council select either Scenario 1 or Scenario 2 to implement rate revisions for electric
customers consistent with the recommendations of the Electric Rate Study conducted by
Red Oak Consultants. This is intended to implement changes to the system of
"Conservation Rates" (inclining block rates).
At the first reading, council directed staff to only further consider Scenario 1 because it
will have the least impact on residential and commercial users who are currently
conserving, or are interested in conserving, and the most impact on the larger electric
users who consistently generate usage that falls in the highest two tiers of the proposed
four-tier rate structure. Staff is requesting approval of attached ordinance that will
implement Scenario 1.
The rates are designed to encourage energy conservation and to increase revenue
consistent with Council goals for the electric utility. The rates contain provisions to
increase revenue from the highest level of residential and small commercial electric
customers. The revenue will be used to fund conservation activities and renewable
energy projects consistent with council direction obtained in a work session held on
September 9, 2008. If adopted by council under the proposed schedule, the ordinance
would become effective January 7, 2009. The first bills reflecting these changes would
be dated April 30, 2009.
PREVIOUS COUNCIL ACTION: City Council considered the Utility Business Plan
for Water and Electric in late 2004. For the Electric Utility, the plan included a series of
rate revisions for electric usage spread over a two-year period. The plan
recommendations were adopted through a new rate structure and charges implemented
over the two-year period in the spring of 2005 and 2006 respectively. The changes were
intended to encourage conservation and created a conservation fund with $150,000 in
annual appropriations. Council held two work sessions in April and September 2008 to
review actual results from the first two years of operation of the inverted block rate
.system and to fine tune the rate recommendations in view of actual performance in the
area of energy conservation and revenue generation. During these sessions, Council: 1)
discussed and selected appropriate break points for afour-tiered rate system; 2)
determined that the amperage rating of the service was an appropriate basis for
differentiating tier usage; 3) determined that both residential and small commercial users
would be subject to the inclining block rate structure; 4) determined that large
commercial accounts rates should continue to be subject to a "capacity charge"; and, 5)
determined the desired amount of additional revenue that the rate revisions should
generate. In October 2008, funding of new initiatives for renewable energy to be utilized
by the Electric Fund was discussed by Council in the context of the 2009 budget review.
BACKGROUND: The 2005 and 2006 "Conservation Rates" (inverted block rates) for
electric customers have not been as effective in reducing consumption as the rates
established for the water customers. While there has been a noticeable decline in water
consumption, and particularly a change in the largest users of water, no parallel trends
can be discerned in electric consumption. The system of inclining rates applied only to
residential electric users, while the inclining rates applied to all customer groups on the
water side of the utility. It is noteworthy that under the existing rate systems, the rate for
the top tier of water use is 2.77 times the base rate for consumption, while for the electric
system the rate for the top tier of electric use is 1.87 times the base rate. Staff believes
that the conservation effectiveness of the current rate system is limited because only one
third of the electric consumption (residential portion of energy usage) is covered by the
inverted block rates and because the differential in rates between the lowest and highest
tier does not send an effective "price signal" to reduce consumption amongst the highest
users of electric energy.
DISCUSSION: During the September 2008 electric rate study work session, Council
evaluated the performance of the existing rate systems implemented in 2005 and 2006.
Council also identified a number of objectives to be incorporated in the rate-setting
process. The objectives were: 1) creating a system of rates that encourages efficient use
and conservation of electric energy; 2) creating a stable, long-term source of funding; 3)
funding energy conservation projects and activities; and, 4) funding additional renewable
energy purchases. In addition, Council expressed a desire to further increase unit cost to
the highest user groups of electric customers, with that increased revenue going towards
the purchase of renewable energy and into the conservation fund.
CURRENT ISSUES: In the September work session, Scenario 2 detailed the rate
revisions last reviewed and recommended by Council. However, the Mayor did not
attend that work session and provided additional input to staff following the work
session, which generated a new Scenario 1. Scenario 1, the preferred scenario as
indicated at first reading on November 24~', will implement electric rates that would
further shift the amount of rate revenue raised by the top two tiers and would reduce the
rate impacts to those users in the lowest two tiers to approximately the rate of inflation
since the last rate revision in 2006.
A number of City-owned facilities do not currently pay electric consumption charges.
Modifying the rate structure for those City-owned accounts would be desirable to create a
system whereby these facilities had similar conservation incentives to their respective
user class. This could be resolved by establishing a future rate for these facilities
considering the same factors included in the proposed rates. Staff proposes to bring this
analysis back to Council prior to implementation of these rates in April 2009.
FINANCIAL IMPLICATIONS: Both scenarios would have developed approximately
the same aggregate amount for rate revenue resulting from bills to residential and small
commercial accounts ($5,198,665/yr for Scenario 1 and $5,196,797/yr for Scenario 2).
The revisions to the monthly customer charge based on amperage of service for either
option would generate a sum of $369,617 per year for residential and small commercial
accounts. The expected large commercial revenue would be $961,831 for consumption
and $23,805 for customer charges. The sum of all these revenue sources matches the long
range plan revenue of $ 6,375,587 contained in the proposed 2009 budget, which takes
into consideration the fact that these new rates will not go into affect until the Apri12009
monthly utility bill.
ENVIRONMENTAL IMPLICATIONS: The expanded conservation program
elements for electric fund will contribute to increased resource efficiency. The revised
rates will support the development of additional renewable energy sources through
additional financial resources and because financial incentives for conservation will be in
place.
RECOMMENDATION: Scenario 1, as outlined in the attached ordinance, is
recommended as the best option to satisfy the objectives for the electric rate revisions.
ALTERNATIVES: An alternative to selecting Scenario 1 would be to select and/or
revisit Scenario 2 as a viable option to meet the financial needs of the electric fund and to
accomplish the renewable and conservation goals outlined for the city of Aspen.
Additionally, Council could direct staff to continue working with our business plan/rate
consultant to identify a better alternative to accomplish our goal of revising city of Aspen
electric rates.
As previously stated, Scenario 1, as outlined in the attached ordinance, is a modification
of the rate system reviewed by Council at the September work session. Under this
scenario, the rate impact for the first two tiers is reduced to a level where the overall rate
adjustment approximates the inflation rate of the past three years (approximately 9%).
This is the time period since the last rate adjustment became effective in 2006.
In order to generate the same amount of revenue as Scenario 2, rates for use in the top tier
for Scenario 1 are adjusted to levels as high as $0.2153/kwh for residential and
$0.2268/kwh for small commercial. Compared to the base rates in Tier 1 of $0.0660/kwh
for residential and $0.0840 for small commercial, the ratio between the highest and
lowest rates charged is approximately 3.2 for residential and 2.7 for commercial.
Differentiating rates between the highest and lowest user groups to this extent is more
consistent with the rate structure currently in place for water. As previously discussed,
the rate system for water with a higher differentiation between the tier level levels has
shown positive results for reducing water usage for high water user groups.
PROPOSED MOTION: I move to adopt ordinance ~ 2008.
CITY MANAGER COMMENTS:
ORDINANCE NO. ~_
Series of 2008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN TO INCREASE CERTAIN
ELECTRIC SERVICE RATES.
WHEREAS, the City Council has adopted a policy of requiring all users of the electric
systems operated by the City of Aspen to pay fees that fairly approximate the costs of providing
such services; and
WHEREAS, the City Council has determined that certain fees currently in effect do not
raise revenues sufficient to pay for the attendant costs of providing said programs and services; and
WHEREAS, the City Council has determined that rates charged for electric service should
provide an incentive for conservation of natural resources.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1.
That Section 25.04.040 of the Municipal Code of the City of Aspen, Colorado, which
section sets forth monthly electric service rates, is hereby amended to read as follows:
25.04.040 Electric service rates.
(a) All retail customers of the Aspen Electric Department shall pay a monthly customer
availability charge as follows: residential customers shall pay five and 20/100 dollars
($5.20) per 100 amp, per bill; small commercial customers shall pay five and 20/100
dollars ($5.20) per 100 amp, per bill; and, large commercial customers (those having
a minimum usage of 30 kilowatts (kW) as well as a operable demand metering
system) shall pay five and 20/100 dollars ($5.20) per 100 amp, per bill. In addition to
the monthly customer availability charge, the customer shall pay the sum of the
metered use of electric energy measured in kilowatt-hours (kWh) during the
department's monthly meter reading cycle multiplied by the appropriate retail service
rate as follows.
(i) The retail rate for 100 AMP residential customers shall be $0.0660 per kWh
for first five hundred (500) kWh of metered usage; $0.0957 per kWh for
metered usage from five hundred one (501) to one thousand three hundred
fifty (1,350) kWh; $0.1436 per kWh for metered usage from one thousand
three hundred fifty-one (1,351) to two thousand four hundred (2,400); and,
$0.2153 per kWh for metered usage in excess of two thousand four hundred
(2,400) kWh.
(ii) The retail rate for 200 AMP residential customers shall be $0.0660 per kWh
for first six hundred fifty (650) kWh of metered usage; $0.0957 per kWh for
metered usage from six hundred fifty-one (651) to one thousand seven
hundred (1,700) kWh; $0.1436 per kWh for metered usage from one thousand
seven hundred one (1,701) to three thousand five hundred (3,500); and,
$0.2153 per kWh for metered usage in excess of three thousand five hundred
(3,500) kWh.
(iii) The retail rate for 300 AMP residential customers shall be $0.0660 per kWh
for first two thousand one hundred (2,100) kWh of metered usage; $0.0957
per kWh for metered usage from two thousand one hundred one (2,101) to
four thousand two hundred (4,200) kWh; $0.1436 per kWh for metered usage
from four thousand two hundred one (4,201) to six thousand five hundred
(6,500); and, $0.2153 per kWh for metered usage in excess of six thousand
five hundred (6,500) kWh.
(iv) The retail rate for 400 AMP residential customers shall be $0.0660 per kWh
for first two thousand (2,000) kWh of metered usage; $0.0957 per kWh for
metered usage from two thousand one (2,001) to four thousand five hundred
(4,500) kWh; $0.1436 per kWh for metered usage from four thousand five
hundred one (4,501) to seven thousand seven hundred (7,700); and, $0.2153
per kWh for metered usage in excess of seven thousand seven hundred (7,700)
kWh.
(v) The retail rate for 600 AMP residential customers shall be $0.0660 per kWh
for first three thousand five hundred (3,500) kWh of metered usage; $0.0957
per kWh for metered usage from three thousand five hundred one (3,501) to
six thousand eight hundred (6,800) kWh; $0.1436 per kWh for metered usage
from six thousand eight hundred one (6,801) to eleven thousand (11,000); and,
$0.2153 per kWh for metered usage in excess of eleven thousand (11,000)
kWh.
(vi) The retail rate for 1,200 AMP residential customers shall be $0.0660 per kWh
for first three thousand five hundred (3,500) kWh of metered usage; $0.0957
per kWh for metered usage from three thousand five hundred one (3,501) to
six thousand eight hundred (6,800) kWh; $0.1436 per kWh for metered usage
from six thousand eight hundred one (6,801) to eleven thousand (11,000); and,
$0.2153 per kWh for metered usage in excess of eleven thousand (11,000)
kWh.
(vii) The retail rate for 100 AMP small commercial customers shall be $0.0840 per
kWh for first one thousand one hundred (1,100) kWh of metered usage;
$0.1008 per kWh for metered usage from one thousand one hundred one
(1,101) to two thousand nine hundred (2,900) kWh; $0.1512 per kWh for
metered usage from two thousand nine hundred one (2,901) to six thousand
(6,000); and, $0.2268 per kWh for metered usage in excess of six thousand
(6,000) kWh.
(viii) The retail rate for 200 AMP small commercial customers shall be $0.0840 per
kWh for first one thousand six hundred (1,600) kWh of metered usage;
$0.1008 per kWh for metered usage from one thousand six hundred one
(1,601) to three thousand nine hundred (3,900) kWh; $0.1512 per kWh for
metered usage from three thousand nine hundred one (3,901) to seven
thousand two hundred (7,200); and, $0.2268 per kWh for metered usage in
excess of seven thousand two hundred (7,200) kWh.
(ix) The retail rate for 400 AMP small commercial customers shall be $0.0840 per
kWh for first four thousand two hundred (4,200) kWh of metered usage;
$0.1008 per kWh for metered usage from four thousand two hundred one
(4,201) to eight thousand nine hundred (8,900) kWh; $0.1512 per kWh for
metered usage from eight thousand nine hundred one (8,901) to fifteen
thousand three hundred (15,300); and, $0.2268 per kWh for metered usage in
excess of fifteen thousand three hundred (15,300) kWh.
(x) The retail rate for 600 AMP small commercial customers shall be $0.0840 per
kWh for first eight thousand two hundred (8,200) kWh of metered usage;
$0.1008 per kWh for metered usage from eight thousand two hundred one
(8,201) to sixteen thousand five hundred (16,500) kWh; $0.1512 per kWh for
metered usage from sixteen thousand five hundred one (16,501) to twenty-
three thousand (23,000); and, $0.2268 per kWh for metered usage in excess of
twenty-three thousand (23,000) kWh.
(xi) The retail rate for 800 AMP small commercial customers shall be $0.0840 per
kWh for first fourteen thousand (14,000) kWh of metered usage; $0.1008 per
kWh for metered usage from fourteen thousand one (14,001) to fifty-one
thousand five hundred (51,500) kWh; $0.1512 per kWh for metered usage
from fifty-one thousand five hundred one (51,501) to one hundred thousand
(100,000); and, $0.2268 per kWh for metered usage in excess of one hundred
thousand (100,000) kWh.
(xii) The retail rate for 1,000 AMP small commercial customers shall be $0.0840
per kWh for first seventeen thousand (17,000) kWh of metered usage; $0.1008
per kWh for metered usage from seventeen thousand one (17,001) to thirty-
five thousand (35,000) kWh; $0.1512 per kWh for metered usage from thirty-
five thousand one (35,001) to fifty-six thousand (56,000); and, $0.2268 per
kWh for metered usage in excess of fifty-six thousand (56,000) kWh.
(xiii} The retail rate for 1,200 AMP small commercial customers shall be $0.0840
per kWh for first seventeen thousand (17,000) kWh of metered usage; $0.1008
per kWh for metered usage from seventeen thousand one (17,001) to thirty-
five thousand (35,000) kWh; $0.1512 per kWh for metered usage from thirty-
five thousand one (35,001) to fifty-six thousand (56,000); and, $0.2268 per
kWh for metered usage in excess of fifty-six thousand (56,000) kWh.
(xiv) The retail rate for 1,600 AMP small commercial customers shall be $0.0840
per kWh for first seventeen thousand (17,000) kWh of metered usage; $0.1008
per kWh for metered usage from seventeen thousand one (17,001) to thirty-
five thousand (35,000) kWh; $0.1512 per kWh for metered usage from thirty-
five thousand one (35,001) to fifty-six thousand (56,000); and, $0.2268 per
kWh for metered usage in excess of fifty-six thousand (56,000) kWh.
(xv) The retail service rate for large commercial customers, with operable demand
metering systems in place and measured usage of thirty (30) kW and greater,
shall be $0.0760 per kWh for metered usage plus a demand charge of $6.00
per kW of metered peak usage for that meter reading cycle.
(xvi) Until such time as large commercial customers have operable demand
metering systems in place, they shall be charged the retail service rate of small
commercial customers as defined in section 25.04.040 (ii).
(xvii) Payments for electric service charges shall be due twenty (20) days after the
billed date. Any amount due, but not received by the city on or before the next
billing date, shall be subject to a past due charge of one and one-half (1 %2)
percent of the total amount due; subject, however, to a minimum charge of
three dollars ($3.00). Balances of less than five dollars ($5.00) shall not be
subject to this charge.
A public hearing on the ordinance shall be held on the 8th day of December, 2008, in the
City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of
the City of Aspen on the day of , 2008.
ATTEST:
Michael C. Ireland, Mayor
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved this day of , 2008.
ATTEST:
Michael C. Ireland, Mayor
Kathryn S. Koch, City Clerk
TO: Mayor Ireland and City Council
FROM: Chris Bendon, Community Development Director
DATE OF MEMO: December 1, 2008
MEETING DATE: December 8, 2008
RE: Ordinance No. 35, Series of 2008 -Public Hearing
Extension of Moratorium on Building Permits in the CC Zone
District. Commercial Mix & Historic Interiors Issues.
REQUEST OF COUNCIL: To vote on whether to extend the temporary moratorium on
building permits for commercial space in the Commercial Core Zone District, pursuant to
Ordinance No. 51, Series of 2006.
PREVIOUS COUNCIL ACTION: The moratorium was established on December 12, 2006 in
order to limit redevelopment while exploring the need to preserve historic interiors and potential
regulatory tools regarding the mix of commercial uses in the downtown core. The moratorium
has been extended to continue discussion on these issues.
During the moratorium, City staff reached an agreement with the owners of the Red Onion space
to preserve historic interiors at that site. Also during the moratorium, Council and staff reached
agreement on a condition of PUD approval for the Jerome Hotel to preserve historic interiors.
The Jerome was subsequently sold, and the PUD approval has not been acted on through a
building permit application process.
The moratorium has been amended a few times to accommodate building permits for changes to
the commercial mix deemed appropriate. The new J-Crew store and a co-tenancy space
replacing the former Texas Reds restaurant are products of these amendments. Wording for
these exemptions were specific to the exact type of change proposed in those two examples.
At the City Council meeting on November 10, 2008, City Council chose not to consider a
specific staff proposal on allowing for the designation of historic interiors in favor of allowing
the Historic Preservation Task Force more time to discuss the issue, so the Task Force can bring
a recommendation to Council.
BACKGROUND: Extensive research on the issue of commercial mix has been conducted on
this issue by City staff and consultant Mark White -this has been the most comprehensive
approach to this issue since it was first raised as a community concern in the 1993 AACP.
However, it has proven to be a difficult issue to explore: It is complex with potentially far-
Page 1 of 3
reaching implications. At the same time, staff believes there is real community concern on this
issue, and the time, energy and funds spent on exploring this issue have been well spent.
Most recently, Council asked staff to meet with the Chamber Board and obtain feedback. A six
member Chamber subcommittee met with staff on November 6, with a summary of this meeting
attached as Exhibit A.
At the same time, the update of the Aspen Area Community Plan (AACP) has recently included
12 small group meetings that addressed this issue in a small group format. In the last three weeks,
the AACP public process has expanded to include a blog at www.aspencommunityvision.com
and "Meetings In-A-Box," both of which include opportunities to address this issue. The
question of commercial mix will also be the topic of review by large community meetings in
February and is expected to be the subject of policy statements in the updated AACP.
While staff s expectation that addressing the issue of commercial mix is likely to focus on the
potential for public-private partnerships and incentives of some kind, if the updated AACP
contains strong policy statements on this issue, it is possible that Council will want to consider
regulatory changes.
DISCUSSION: While it is clear that two separate public processes are focused on the issues of
historic interiors and commercial mix, the question is whether to extend the moratorium in order
to allow for potential regulatory changes to occur while placing an effective "hold" on change in
the commercial core.
Staff has been aware that the very low vacancy rate in the downtown area has meant relatively
few requests for building permits that reflect a change in commercial use, and the Council has
shown flexibility by amending Ordinance 51, Series of 2008, several times in order to
accommodate reasonable types of commercial building alterations that are within the spirit of this
ordinance.
At the same time, it is impossible to know how many commercial brokers have simply told
clients that they would not be able to move into downtown Aspen, and members of staff have
certainly provided advice to commercial brokers about the implications of the Ordinance 51. In
the last month, staff has spoken with private sector parties about two sites. In one case, staff
concluded that the potential expansion of Loro Piana into a newly available adjacent space
(almost doubling its square footage) was more than a "minor improvement" and could not be
granted an exemption. In a second case, Imelda's shoe store would be replaced with ahigh-end
lighting store, and no exemption could be granted due to the change in use.
In these two examples, the stores are opening and foregoing the necessary physical improvements
to properly accommodate the new uses. As the moratorium does not affect issuance of business
licenses, these stores are able to proceed albeit in a potentially awkward or compromised manner.
In a third example, a new coffee shop replacing a store selling handmade artisan soaps, the
moratorium prohibits the necessary work to accommodate the new use. Staff has encouraged
Page 2 of 3
representatives of these stores to attend tonight's meeting to further explain their situation and
respond to any questions.
Staff expects that the methods of addressing the commercial mix issue are likely to be pro-active
kinds of steps such as public-private partnerships and incentives rather than regulatory
approaches that require code changes. In this scenario, staff does not consider the current
moratorium valuable. But staff cannot be certain about that, considering that this issue will be
part of the AACP update, and the public could demand more dramatic action and code changes to
implement a regulatory answer. There is no way to know at this time.
Staff believes that the potential for designating historic interiors is relatively small -there are
few interiors that could be deemed historic. Also, the only buildings that could be eligible would
have to be already designated historic and must be publicly accessible. In the case of the Red
Onion, the City Attorney has reviewed the current redevelopment agreement and believes the
historic interior is sufficiently protected.
At this time, staff does not consider lifting the moratorium as seriously compromising the
attempts to address these two important issues. Staff doesn't see wholesale changes in the
downtown over the next 6-8 months as these issues are further discussed. And, with respect to
commercial mix, the discussion has veered away from regulatory approaches to partnerships and
incentives. Yes, it is possible that some changes could work counter to the ultimate solution
recommended by these two public processes. But staff believes the utility of the moratorium has
run its course.
FINANCIAL/BUDGET IMPACTS: There is approximately $5,000 left in the original budget
for the commercial mix issue. There have been no requests for additional funds since this budget
was allocated in 2007, and staff does not have any further requests. A substantial amount of
research and information has been generated so far, and should suffice to bring this issue to a
decision-making point with the input of ACRA, the public, relevant boards or commission and
the Council.
RECOMMENDED ACTION: Staff does not support extension of the moratorium and
recommends City Council allow it to expire. Council can choose to extend the moratorium for
another six months, some other time period, or let it expire.
PROPOSED MOTION: "I move to approve Ordinance No. 35, Series of 2008."
CITY MANAGER
Page 3 of 3
ORDINANCE N0.35
(Series of 2008)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, EXTENDING A TEMPORARY MORATORIUM ADOPTED
PURSUANT TO ORDINANCE NUMBER 51, SERIES OF 2006, AS AMENDED
PURSUANT TO ORDINANCE N0.2, SERIES OF 2007, AS AMENDED
PURSUANT TO ORDINANCE NUMBER 26, SERIES OF 2007, AS AMENDED
PURSUANT TO ORDINANCE NUMBER 37, SERIES OF 2007, AS AMENDED
PURSUANT TO ORDINANCE 46, SERIES OF 2007, AND AS AMENDED BY
ORDINANCE NO. 15, SERIES OF 2008.
WHEREAS, the City of Aspen (the "City") is a legally and regularly created,
established, organized and existing municipal corporation under the provisions of Article
XX of the Constitution of the State of Colorado and the home rule charter of the City (the
"Charter"); and
WHEREAS, the City of Aspen currently regulates land uses within the City limits
in accordance with Chapter 26.104 et seq. of the Aspen Municipal Code pursuant to its
Home Rule Constitutional authority and the Local Government Land Use Control Enabling
Act of 1974, as amended, §§29-20-101, et seq. C.R.S; and
WHEREAS, the City Council of the City of Aspen enacted a temporary
moratorium pursuant to Ordinance Number 51, Series of 2006, as amended pursuant to
Ordinance Number 2, Series of 2007, and as amended pursuant to Ordinance Number 26,
Series of 2007, and as amended pursuant to Ordinance Number 37, Series of 2007, and as
amended pursuant to Ordinance 46, Series of 2007, and as amended pursuant to Ordinance
15, Series of 2008; and,
WHEREAS, Section 7 of Ordinance Number 51, Series of 2006, allows for the
termination date of the moratorium to be extended by City Council through the adoption of
an ordinance; and,
WHEREAS, the City Council reaffirms the reasons for implementing the
moratorium, specifically that recent land use applications seeking Development Orders in
various City Zone Districts do not appear to be consistent with the goals and vision as
expressed by the 2000 Aspen Area Community Plan and are having the following negative
effects upon the community:
• Recent development activity indicates potential negative impacts on the
preservation of the unique historic character of certain structures, including
their interiors and current uses;
• Recent development activity indicates potential negative impacts on the
unique character of the uses of buildings and structures within the
commercial core of the City of Aspen; and,
WHEREAS, the City Council and the Community Development Department
require an additional period of time in which to review all existing land use codes and
regulations as they affect land use development in certain Zone Districts within the City of
Aspen to ensure that all land use development proceeds in a manner that is consistent with
the Aspen Area Community Plan; and
WHEREAS, the City Council and the Community Development Department
require an additional period of time in which to conduct a thorough analysis and assessment
of the Land Use Code and regulations affecting the development of land within certain Zone
Districts of the City of Aspen with particular attention to the preservation of historic interior
elements, and with particular attention to a diverse, healthy and vibrant mix of commercial
uses; and
WHEREAS, the City Council and the Community Development Department
require an additional period of time in which to investigate methods and procedures to
insure the preservation of historic interior elements; and to insure a diverse, healthy and
vibrant mix of commercial uses; and,
WHEREAS, an extension of the moratorium termination date will enable a
reasoned discussion of the desired character and rate of development and redevelopment and
a consideration of amendments to the Land Use Code without creating a rush of development
applications and the related impacts upon the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO, THAT:
Section 1-Extension of Moratorium Termination Date:
The termination date of the temporary moratorium enacted through the adoption of
Ordinance Number 51, Series of 2006, as amended pursuant to Ordinance Number 2, Series
of 2007, and as amended pursuant to Ordinance Number 26, Series of 2007, and as amended
pursuant to Ordinance Number 37, Series of 2007, and as amended pursuant to Ordinance
46, Series of 2007, and as amended pursuant to Ordinance 15, Series of 2008, is hereby
extended to terminate on 2009.
Section 2 -Changes to Moratorium:
Ordinance Number 51, Series of 2006, as amended pursuant to Ordinance Number 2, Series
of 2007, shall continue in its full force and effect and nothing in this Ordinance shall be
construed to alter the substantive content of Ordinance Number 51, Series of 2006;
Ordinance Number 2, Series of 2007; Ordinance Number 26, Series of 2007; and Ordinance
Number 37, Series of 2007, and as amended pursuant to Ordinance 46, Series of 2007, and
as amended by Ordinance 15, Series of 2008, except as follows:
^ The termination date shall be extended as described in Section 1, above.
Section 3•
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 4:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
Section 5:
The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this
ordinance in the office of the Pitkin County Clerk and Recorder.
Section 6:
A public hearing on the Ordinance shall be held on the 8~' day of December, 2008, at 5:00 in
the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to
which hearing a public notice of the same shall be published in a newspaper of general
circulation within the City of Aspen.
Section 7:
This ordinance shall become effective thirty (30)Idays following final adoption.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 10~' day of November, 2008.
Attest:
Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor
FINALLY, adopted, passed and approved this -day of , 2008.
Attest:
Kathryn S. Koch, City Clerk
Michael C. Ireland, Mayor
Approved as to form:
John Worcester, City Attorney
Exhibit A
MEETING NOTES
ASPEN CHAMBER RESORT ASSOCIATION SUBCOMMITTEE ON COMMERCIAL MIX
THURSDAY NOVEMBER 6, 2008 AT CITY HALL
Attendees: Rick Jones, Cari Kuhlman, Charles Bantis,
Helen Klanderud, Patsy Malone, (Ben Gagnon- City staff)
RJ: It's not appropriate for government to solve these issues.
CB: Where would funding come from? Like the idea of using something like ranch
owners use with regard to conservation easements, getting tax breaks to keep the use in
place.
BG: The research we're done shows that government tax breaks would probably not be
enough of a financial reason to retain uses; the local lease rates are a much larger factor.
RJ: Like the idea of "City Mall," moving City offices elsewhere and making City Hall a
place for some kind of affordable commercial.
HK: I like that concept. Concerned about whether giving affordable space to a certain
kind of business would give them unfair advantage over an existing competing business.
CB: There's nowhere for local people to start a business right now.
CK: Don't think there should be government involvement except for preserving some
limited amount of necessities -- core businesses.
RJ: It would be a huge chunk of change for the City to buy commercial space.
PM: What's the criteria for identifying core businesses? I don't think you could come up
with criteria for that. It's different for different people.
HK: Of course some core businesses are necessary, whether it's grocery, gas, pharmacy,
but I think the area's business leaders would step in and make sure we have those. I think
this discussion over the past two years has been driven by fear and emotion. I don't think
we will lose essential businesses when it comes down to it.
CB: I agree. I think the market will work it out. The market will take care of essential
businesses.
RJ: I remember when Bullock's was considered an essential business -when we were
arguing about not being able to buy underwear. I remember when Boogie-fication was
going to be the death of the town. The market adapts to needs, so if it's a necessity it will
happen.
HK: If anything, government should cut fees or use incentives to help keep essential
businesses.
RJ: I'm interested in the idea of setting aside space with controlled rents in some sort of
public initiative or public-private partnership. Maybe a developer can make a choice
between providing affordable housing or providing affordable commercial space.
HK: I'm OK with a concept like that.
CK / CB / PM: Not in favor.
Vlll d
MEMORANDUM
TO: Mayor Ireland and Aspen City Council
FROM: Chris Bendon, Community Development Director
RE: Lift One Neighborhood Master Plan COWOP Final Review
Second Reading of Ordinance No. 34 Series 2008 -Public hearing
** The Hearing will begin at 2pm
DATE: December 8, 2008
SUMMARY:
s~. Tonight's hearing is a continuation from
December 1St when the technical aspects of the
project - the energy plan, construction
management, financial perspective, engineering,
etc. Experts who assisted the task force were on
hand and addressed questions.
Tonight's meeting will provide response to
remaining questions that were brought up during
the last meeting. Some minor adjustments to the
massing of the Lodge at Aspen Mountain project
will be presented. And, staff will "walk-
through" the proposed Ordinance and highlight
amendments that have been made in response to
comments to date.
j
i
i
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~.~
i
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Reminder -the hearing was continued to 2pm ~ ~,~ r _- ~ ' ~ _ ~ ' -- ;,_~ «~
on Monday the 8`h. Staff expects this hearing
will proceed from 2pm to 5 pm at which time the regularly scheduled City Council
business will take place. If need be, the hearing on Lift One can resume after other
business is done.
BACKGROUND:
City Council initiated the Lift One Neighborhood Master Plan COWOP review through
the adoption of Resolutions No. 13 and 80, Series of 2008. The was done to coordinate
the redevelopment of several properties at the base of Aspen Mountain into a unified
vision as opposed to a series of independent, unrelated projects.
A 27-member Master Plan Task Force met every Thursday from April 10th through
October 2°d to review the planning for this 8-acre site and made their final
recommendation by a 19 to 1 vote (with one abstention). The Plan has been reviewed by
the Historic Preservation Commission and the Planning and Zoning Commission. Both
boards supported the project by unanimous votes. The proposed ordinance implements
the recommendation of the Task Force and provides final approvals for the proposed
redevelopment.
The master plan accomplishes a rebirth of this side of the mountain. This is the original
base of Aspen Mountain that currently accommodates an average of 3% of the
Mountain's skier traffic. The plan is organized around open space and gathering places
and allows for a balance of breathing room and function. The Master Plan incorporates a
new high-speed quad lift replacing the current lift 1 A, a new surface lift along the historic
lift one corridor, pedestrian pathways, a ski museum, public parking, all new street and
drainage infrastructure, two new lodging facilities with associated commercial space,
affordable housing both on-site and off-site, and rehabilitation and re-use of historic
resources all within an existing neighborhood context.
REVIEW SCHEDULE:
November 10th -Second Reading & Public Hearing. This provided an overview
presentation of the Master Plan, the background, the COWOP process, project goals, the
final site plan, lodging program, and a summary of the Task Force recommendation.
November 24th -Continued Second Reading & Public Hearing. This hearing included a
more detailed presentation of the project including architectural character, massing and
scale, and a review of the proposed ordinance.
December 1St -Continued Second Reading & Public Hearing. This hearing provided a
chance for the project team to respond to questions from the first two public hearings as
well as presentations from technical experts that assisted the task force. The discussion
covered mountain planning, project financing, energy efficiency, etc., and those experts
answered questions from Council and the public.
December 8`" -Continued Second Reading & Public Hearing. Tonight's hearing is
expected to be the final meeting where the project team will respond to remaining
questions from Council, provide an update of the architecture for Lodge at Aspen
Mountain, and a final review of the proposed ordinance.
APPLICANTS:
1. Aspen Land Fund II, LLC (Centurion Partners). Represented by John. Sarpa.
2. Roaring Fork Mountain Lodge -Aspen, LLC. Represented by Robert Daniel.
3. Aspen Skiing Company. Represented by David Bellack
4. The City of Aspen.
2
RECOMMENDATION:
Staff recommends City Council approve the Lift One Neighborhood Master Plan
and adopt Ordinance No. 34, Series of 2008.
CITY MANAGER COMMENTS:
RECOMMENDED MOTION:
"I move to approve Ordinance No. 34, Series of 2008, the Lift One Neighborhood Master
Plan."
ATTACHMENTS:
Proposed Ordinance 34, Series of 2008
A - Decision Packet, December 8th meeting
B - Project Binder attached by this reference. The project binder contains the entire
history of the COWOP process and is located in the Community Development
Department. Please contact City staff to review this document
travisc ,ci.aspen.co.us or 429.2751.
C - Project website, http://www.aspenpitkin.com/depts/41/liftoneMP.cfm, attached by
this reference. A copy of the website on the day of each hearing will be maintained
in the project file.
D - December 8~' Power Point Presentation attached by this reference. A copy of the
presentation will be maintained in the project file.
E - Public Comments, P&Z review minutes and HPC review minutes (binder)
F - Traffic Analysis provided by TDA Associates
G - Drainage Plan provided by SGM Engineers
H - Draft Construction Management Plan provided by PCL, Inc.
I - Review Criteria and Staff Findings
J - Burlingame Costs Analysis
3
ORDINANCE N0.34
(SERIES OF 2008)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
AMENDING AND CONFIRMING THE BOUNDARIES AND APPROVING THE
LIFT ONE NEIGHBORHOOD MASTER PLAN AND GRANTING FINAL LAND
USE APPROVALS AND A DEVELOPMENT ORDER FOR ALL PROPOSED
DEVELOPMENT WITHIN THE MASTER PLAN INCLUDING PROPERTY
LOCATED ON BOTH SIDES OF SOUTH ASPEN STREET SOUTH OF DEAN
STREET OWNED BY THE CITY OF ASPEN, THE ASPEN SKIING COMPANY,
ASPEN LAND FUND II LLC (AKA CENTURION PARTNERS LLC), AND
ROARING FORK MOUNTAIN LODGE-ASPEN LLC, ALL WITHIN THE CITY
OF ASPEN, PITKIN COUNTY, COLORADO
WHEREAS, the Community Development Department received a completed
application from Aspen Land Fund II, LLC also known as Centurion Partners, LLC;
Roaring Fork Mountain Lodge -Aspen LLC; the Aspen Skiing Company; and, the
Aspen City Manager, for a determination of eligibility for a project, known as the Lift
One Neighborhood Master Plan, reasonably necessary for the convenience and welfare of
the public (COWOP) for a redevelopment of lands, owned by the above mentioned
parties, for the purpose of providing or improving the provision of lift-served skiing
access to Aspen Mountain, pedestrian, vehicular and emergency vehicle access to
properties along South Aspen Street, non-traditional energy sources such as ground
source energy system, recreational facilities, a museum focused on the evolution of skiing
in Aspen, public parking, and commercial, lodging, free-market residential, and
affordable residential land uses; and,
WHEREAS, the City of Aspen manages public rights-of--way in the planning
area including Hill Street, Summit Street, Gilbert Street, the alley within Block 10 of the
Eames Addition, South Aspen Street, Juan Street, and Dean Street and owns certain
public land known locally as Willoughby Park and Lift One Park; and,
WHEREAS, the legal descriptions of the lands subject to this review are attached
as Exhibit 5 and are generally described as lands on both sides of South Aspen Street
south of Dean Street, excluding the Shadow Mountain Townhomes; and,
WHEREAS, the Lift One Neighborhood Master Plan's public and private
property landowners were represented by their respective property owners and/or
representatives including Robert Daniel of Roaring Fork Mountain Lodge -Aspen LLC,
John Sarpa of Centurion Partners LLC, David Bellack of the Aspen Skiing Company, and
Chris Bendon of the City of Aspen, all of whom were authorized to represent their
individual public or private property interests; and,
WHEREAS, the COWOP land use review process, Chapter 26.500 of the City of
Aspen Land Use Code, was created and adopted by the City of Aspen to allow the
planning of projects of significant community interest, when determined necessary by the
City Council according to said Chapter, to evolve an iterative process considering input
from neighbors, property owners, public officials, members of the public, and other
parties of interest assembled as a formal reviewing authority of the City of Aspen
providing recommendations directly to City Council and, although the standards and
criteria of the Land Use Code may serve as a point of reference, the allowable uses, the
area, bulk and other dimensional requirements and the mitigation needs of the
development proposal shall be determined by the COWOP Land Use Review Process in
accordance with the Land Use Code and Council Resolution establishing such process;
and,
WHEREAS, via adoption of Resolution No. 13, Series of 2008 and No. 80 Series
of 2008, the City Council found that the proposal for review as a project reasonably
necessary for the convenience and welfare of the public met the Standards for
Determination, Section 26.500.040 of the City of Aspen Land Use Code, for the
following reasons:
(a) The Master Plan could provide enhanced access to lift-served skiing on
Aspen Mountain, lodging facilities that meet the needs of the of the community,
affordable housing units that serve the needs of the community, improved vehicular,
pedestrian and emergency vehicle access, the development of public parking, the
preservation of important local and national historic resources, the development of non-
traditional energy sources such as ground source energy system, recreational facilities, a
museum focused on the evolution of skiing in Aspen, and a unified approach to managing
construction impacts and ongoing maintenance and operations of the area's
infrastructure;
(b) Preserving and enhancing short-term lodging facilities, providing adequate
emergency services and access, the provision of effective access to lift-served skiing,
housing the workforce, and energy efficiency are stated community goals that could be
addressed through master planning of this area;
(c) Portions of the subject area are owned by the City of Aspen and a Master
Plan could permit an advantageous disposition of those properties;
(d) Portions of the subject area are managed by the City of Aspen as rights-of-
way and a Master Plan could permit an advantageous disposition of those properties;
(e) The bifurcated ownership of the subject area and independent projects in
various stages of entitlement may result in an ad-hoc development pattern while a master
planning process using an interactive and multidisciplinary approach with a diverse
COWOP task team, including neighbors of the project and persons with special interest in
the property and its development will lend itself to the type of open dialogue needed to
determine a cohesive future vision for the neighborhood; and,
WHEREAS, via adoption of Resolution No. 13, Series of 2008, the City Council
established the Process and Standards to be applied in the review of the development
Ordinance No 34, Series 2008 Page 2
Lift One Neighborhood M aster Plan
proposal by the COWOP Task Force Team, the Planning and Zoning Commission and
the City Council.
WHEREAS, via adoption of Resolution No. 13, Series of 2008 and No. 80 Series
of 2008, the City Council established a COWOP Task Force Team to develop a Master
Plan for the Lift One Neighborhood including the quantitative elements of the plan, broad
urban design elements of the plan, and the contextual relationship of the plan to
surrounding properties; and
WHEREAS, the Lift One Neighborhood Master Plan COWOP Task Force Team
is comprised of citizens with a broad range of perspectives, expertise, and awareness of
community issues. Following are the members of the task force and their affiliation:
City of Aspen City Council Mick Ireland
Dwayne Romero
P & Z Cliff Weiss
HPC Alison Agley
Com. Dev. Chris Bendon, (non-voting)
Landowners Lodge at Aspen Mtn. John Sarpa
Lift One Lodge Bob Daniel
Aspen Skiing
Company Dave Bellack
Neighbors South - Shadow
Mountain Chrissy McNamara
West - Juan St.,
Trainors Landing Derek Johnson
Denis Murray
North -South Point,
Timber Ridge Galen Bright
Tami Solondz
East -
Mountain Queen
Gilbert Street Sissy Erikson
Zachary Matthews
Other Affected or Aspen Hist. Society Georgia Hanson
Interested Parties AVSC Mark Cole
ACRA Debbie Braun
Ordinance No 34, Series 2008 Page 3
Lift One Neighborhood M aster Plan
__ ----
Community At Large Yasmine dePagter
Allyn Harvey
Mark Hughes
Mary Janss
Andrew Kole
Ruth Kruger
Mary Anne Meyer
Bernard Phillips
*Brian Schaefer (*removed for non-
attendance)
Bill Wiener, Jr.
and,
WHEREAS, the City of Aspen Community Development Director was a non-
voting member and served as the chair of the -Task Force Team, in compliance with the
requirements of Section 26.500 of the Aspen Land Use Code; and,
WHEREAS, the Lift One Neighborhood Master Plan COWOP Task Force Team
has met every Thursday for a minimum of three hours and up to seven hours from
April 10, 2008 to October 2, 2008, for a total of 26 meetings to consider the project goals,
constraints, concepts, and possible development scenarios; and,
WHEREAS, the COWOP review process enabled the planning and design of the
master plan to reflect community values, taking into consideration various opinions and
expressed points-of--view from neighbors, land owners, citizens, and technical expertise
from professionals assisting the planning effort; and,
WHEREAS, the Lift One Neighborhood Master Plan COWOP Task Force Team
adopted the following master plan goals which were subsequently acknowledged by the
Aspen City Council via adoption of City Council Resolution No. 59, Series of 2008:
• Respect Aspen's history: integrate the balance of architecture and design
through the relationships, mass and scale of historic and proposed structures.
• Showcase and promote Aspen's ski history and traditions.
• Provide easy and welcoming access to all users that integrates the Lift One
neighborhood and town while minimizing traffic and pavement.
• Develop improved lift access and infrastructure that includes the World Cup
venue and year-round activities.
• Create a "lights on" mix of lodging, services, amenities and on-site affordable
housing to attract visitors and locals while respecting the nature of the
neighborhood.
Ordinance No 34, Series 2008 Page 4
Lift One Neighborhood M aster Plan
• Develop an economically viable and flexible project without imposing
burdens on the community.
Create an environmental showcase that exploits on-site energy generation and
responsibly uses energy and other resources; and,
WHEREAS, the COWOP land use review procedure does not and has not
lessened any public hearing, public noticing, or any critical analysis or scrutiny of the
project as would otherwise be required; and,
WHEREAS, the Task Force meetings were run in a public hearing type format
with the ability for members of the public and concerned citizens to comment on the
progress of the master plan; and,
WHEREAS, the project received approximately 59 pages of emails and letters
which can be viewed on the Lift One Neighborhood Master Plan website accessed from
www.aspenpitkin.com; and,
WHEREAS, public comment was heard, from multiple parties including
neighbors and general public, approximately 82 times during the COWOP Task Force
Meeting Schedule; and,
WHEREAS, the City of Aspen internet website had approximately 340 page
views per month; and,
WHEREAS, the progress of the task force and all materials, meeting summaries,
diagrams, and maps related to the planning effort were maintained in 4 project binders
available for public inspection at the City of Aspen Community Development
Department and on the City of Aspen internet web site, www.aspenpitkin.com/; and,
WHEREAS, during the planning process for the Master Plan updates on the
*', progress of the planning effort were considered as agenda items at public meetings by the
Aspen/Pitkin County Housing Authority Board, the City Planning and Zoning
Commission, and the Historic Preservation Commission; and,
WHEREAS, the Historic Preservation Commission was updated regarding the
progress of the Task Force throughout the project by their Task Force Representative
Alison Agley; and
WHEREAS, the Planning and Zoning Commission were updated regularly
regarding the progress of the Task Force by their Task Force Representative, Cliff Weiss;
and,
WHEREAS, on August 12th, approximately 60 citizens attended an "open-
house" style public meeting, notice of which was published in the Aspen Times,
conducted to provide information and discuss planning issues with neighbors and
interested citizens; and
Ordinance No 34, Series 2008 Page 5
Lift One Neighborhood M aster Plan
WHEREAS, approximately 18 articles in the Aspen Times appeared over the
course of the Lift One Neighborhood Master Plan Task Force review process detailing
ongoing planning issues and the evolution of the plan, including 5 articles that were
published prior to the formation of the Task Force and an additional 10 letters to the
editor; and,
WHEREAS, the Aspen Daily News published 13 articles regarding the Lift One
Project including 5 that were published prior to the formation of the Task Force; and,
WHEREAS, staff and members of the Task Force presented the progress of the
Task Force to the Board of Directors of the Aspen Chamber Resort Association on July
29, 2008; and,
WHEREAS, On August 21, 2008, an update was provided at the annual ACRA
Luncheon by Task Force member and ACRA President Debbie Braun to approximately
250 attendees; and,
WHEREAS, staff presented the progress of the Task Force to the Aspen/Pitkin
County Housing Authority on August 6, 2008; and,
WHEREAS, staff presented the progress of the Task Force to the Aspen Board of
Realtors on August 13, 2008; and,
WHEREAS, City of Aspen Project Assistant Travis Coggin and City of Aspen
Community Relations Officer Sally Spaulding spoke about the project and where/how to
access information related to the Lift One Neighborhood Master Plan on the KSNO radio
station on August 19, 2008; and,
WHEREAS, City of Aspen Community Development Director Chris Bendon and
Project Assistant Travis Coggin spoke about the project and where/how to access
information related to the Lift One Neighborhood Master Plan on the KSNO radio station
on October 17, 2008; and
WHEREAS, staff presented the progress of the Task Force to the Commercial
Core and Lodging Commission on August 20, 2008; and,
WHEREAS, staff presented the progress of the Task Force to the City of Aspen
Community Development and Engineering Departments on August 20, 2008; and,
WHEREAS, staff presented the progress of the Task Force to the Pitkin County
Community Development Department on September 8, 2008; and,
WHEREAS, the City of Aspen devoted one episode of City Matters to the Lift
One Neighborhood Master Plan and filmed an on-site program with members of the Task
Force; and,
WHEREAS, the City of Aspen filmed a special edition of City Matters on
October 15, 2008 with members of the Task Force; and
Ordinance No 34, Series 2008 Page 6
Lift One Neighborhood M aster Plan
WHEREAS, the City Matters program covering the Lift One Neighborhood
Master Plan has aired approximately 11 times on CGTV; and,
WHEREAS, there have been informational slides running continually on CGTV
displaying the time and date of upcoming Lift One Task Force Meetings as well as the
Lift One Neighborhood Master Plan website; and,
WHEREAS, staff, land owners, and members of the Task Force Team held an
Open House on Wednesday November 5, 2008 in Council Chambers that was attended
by approximately twenty members of the public; and,
WHEREAS, an advertisement announcing the date, time, and location of the
Open House ran in the Aspen Times October 31St, November 3`d, and November Stk'; and,
WHEREAS, on November 13, 2008 City Community Relations Office Sally
Spaulding was interviewed on TV8 about the Lift One Neighborhood Master Plan and
presented information regarding the City Council public hearing process as well as where
to find additional information on the Lift One Neighborhood Master Planning process
and whom to contact with further questions; and,
WHEREAS, City Council reviewed the progress of the Master Plan during two
(2) publicly noticed work sessions on June 9 and July 21, 2008, considered progress of
the effort and provided direction as to the proper planning and design objectives and
issues to be fully considered; and,
WHEREAS, the COWOP Task Force determined that the Lift One
Neighborhood Master Plan provides the following community benefits associated with
the Goals created by the COWOP Task Force.
History
1. Respect Aspen's history: integrate the balance of architecture and design through the
relationships, mass and scale of historic and proposed structures.
2. Showcase and promote Aspen's ski history and traditions.
Community Benefits under History -View plane corridor maintained;. Revitalized
sense of history. Museum integrated providing historical connection. Recycles
historical buildings as historical assets.
Accessibility
1. Provide easy and welcoming access to all users that integrates the Lift One
neighborhood and town while minimizing traffic and pavement.
2. Develop improved lift access and infrastructure that includes the World Cup venue
and year-round activities.
Ordinance No 34, Series 2008 Page 7
Lift One Neighborhood M aster Plan
Community Benefits under Accessibility -Creative and uniquely Aspen solution for
people mover. Infrastructure updates -sidewalks on Aspen Street. Year-round
access to top of hill, surface lift from Dean Street. Proven technology/appropriate to
area. Improved skiing to Dean Street. Neighborhood -more inviting and more
inclusive. Removes "load" from other lifts. Corner of Aspen and Durant will be
safer.
Vitali
1. Create a "lights on" mix of lodging, services, amenities and on-site affordable
housing to attract visitors and locals while respecting the nature of the neighborhood.
2. Develop an economically viable anc~flexible project without imposing burdens on the
community.
Community Benefits under Vitality -Lockers at starting point of skiing. Affordable
commercial is a possibility. Local's friendly steak house for beer, etc. Revitalized
and beautified a huge section of town at base of mountain. Lights-on neighborhood
from addition of affordable housing. Added hot beds and hotel. Better World Cup
venue.
Sustainability
1. Create an environmental showcase that exploits on-site energy generation and
responsibly uses energy and other resources.
Community Benefits under Sustainability -Increased tax base--50% less fossil fuel
consumption than similar uses, sets new standard for lodges--LEED Silver or Gold; and,
WHEREAS, the Master Plan is of higher quality as a result of the COWOP Task
Force Team review process and the thoughtful and interactive discussions that allowed
multiple iterations and development scenarios to be discussed would not have otherwise
occurred if the Master Plan had not been reviewed as a COWOP application; and,
WHEREAS, the Lift One Neighborhood Master Plan received a vote of 19 in
favor, one opposed and one neutral at the final Task Force Meeting on October 2, 2008;
and,
WHEREAS, the Historic Preservation Commission formally reviewed the Lift
One Neighborhood Master Plan during a series of public hearings beginning August 27,
2008 and concluding October 8, 2008, resulting in a vote of 4-0 in favor of the Master
Plan; and
WHEREAS, the Historic Preservation Commission formally reviewed the
Conceptual Application for relocation of structures, development of Lift One Park, and
development of Willoughby Park beginning August 27, 2008 and concluding October 8,
2008 and voted unanimously to grant Conceptual Approval for Major Development and
Relocation for the properties located at Willoughby Park, Lift One Park, 233 Gilbert
Ordinance No 34, Series 2008 Page 8
Lift One Neighborhood M aster Plan
Street and 710 South Aspen Street, as evidenced by Resolution No. 23, Series of 2008;
and,
WHEREAS, the Planning and Zoning Commission formally reviewed the Lift
One Neighborhood Master Plan during a series of public hearings beginning August 26,
2008 and concluding on October 7, 2008, resulting in a vote of 6-0 in favor of the Master
Plan; and,
WHEREAS, Hill Street, Summit Street and their associated alleys, a portion of
Gilbert Street, a portion of Juan Street and a portion of Dean Street west of South Aspen
Street rights-of--way, as currently platted, do not provide for efficient or practicable
vehicular movement and the City of Aspen believes it is in the best interests of the City,
and its residents, to vacate the rights-of--way, concurrent with the approval of the
development proposal and effective upon recordation of the Master Subdivision/Street
Vacation Plat, such that the lands may be used for development purposes; and,
WHEREAS, the lands subject to this right-of--way vacation are depicted on
attached Exhibit 3 and shall be depicted and described on the Master Subdivision/Street
Vacation Plat; and,
WHEREAS, the vacation action, considering the Master Plan entire land
assemblage, will not leave any land without a means of adequate access to a public right-
of-way; and,
WHEREAS, pursuant to Sections 26.304 and 26.500 of the Land Use Code, City
Council may approve, approve with conditions, or deny all requisite land use approvals
necessary to grant a development order for a proposed development determined eligible
for COWOP land use review upon a recommendation from the Community Development
Director and consideration of comments offered by the general public at a duly noticed
public hearing; and,
WHEREAS, the City of Aspen Community Development Director has reviewed
the proposed development in consideration of the recommendations of the COWOP Task
Force Team, the requirements of the Land Use Code, and comments from the City
Engineer and applicable referral agencies and has recommended approval of all necessary
land use approvals for granting a development order for the proposed Project including
Final approval of a COWOP Land Use Review including: Subdivision, Final PUD
Development Plan approval, Rezoning of portions of the lands within the Lift One
Neighborhood to L, Lodge (PUD), Planned Unit Development Overlay; NC,
Neighborhood Commercial (H)(PUD), Historic, Planned Unit Development Overlay; and
PUB, Public ;(H)(PUD), Historic, Planned Unit Development Overlay, Vacation of
certain public rights-of--way, Dedication of certain public rights-of--way and easements,
Growth Management Quota System ("GMQS") allotments for lodging, free market
residential and affordable housing units, commercial net leasable space, and essential
public facilities, Condominiumization, removing and re-establishing historic landmark
designation of a parcel, Final Timeshare approval, Mountain View Plane review
Ordinance No 34, Series 2008 Page 9
Lift One Neighborhood M aster Plan
approval, 8040 Greenline approval, Conditional Use approval, and Commercial Design
Review approval; and,
WHEREAS, the Aspen City Council has reviewed and considered the
development proposal under the applicable provisions of the Municipal Code as
identified herein, has reviewed and considered the recommendation of the Lift One
Neighborhood Master Plan COWOP Task Force Team, the Community Development
Director, P&Z, HPC, the applicable referral agencies, and has taken and considered
public comment at a public hearing; and,
WHEREAS, in adopting this Ordinance, the .City Council finds that the Master
Plan, and the development project or proposal described therein, as modified by this
Ordinance, are consistent with the goals and objectives of the Aspen Area Community
Plan; satisfy the goals created by the COWOP Task Force Team; satisfy the review
standards set forth in Section 2 of Resolution 13, Series of 2008; meet or exceed all
development standards of the City of Aspen which are applicable; satisfy the standards
and criteria for the vacation of public streets, alleys and rights of way associated with the
vacation of portions of Hill Street, Summit Street, Gilbert Street, Juan Street, Dean Street
and South Aspen Street, as more particularly described on the Master Subdivision/Street
Vacation Plat; and that the adoption of the Ordinance furthers and is necessary for the
promotion of public health, safety and welfare.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO, THAT the City Council hereby amends the
boundary of the Lift One Neighborhood Master Plan (the "Master Plan") as set forth in
Section 1 below; hereby approves the Master Plan as described and depicted in the
Decision Packet as modified by provisions of this Ordinance; and hereby declares that
such approved Master Plan and all land use approvals necessary or appropriate thereto, as
herein set forth, shall constitute a site specific development plan as defined in Section 24-
68-102(4)(a) of the Colorado Revised Statutes, subject to the conditions described herein.
Section 1: Eligibility Confirmation and Amendment to Master Plan Boundaries
The lands included in the Lift One Neighborhood Master Plan are hereby amended to
include land owned by Mary K. Barbee east of the Centurion parcel known as the
"Barbee Notch" and land owned by the Aspen Skiing Company extending generally to
the south from the southwesterly boundary of the Mountain Queen Condominiums, the
southerly boundary of Block 12 of the Eames Addition to the City and Townsite of
Aspen, the south end of the South Aspen Street right-of--way and the southerly boundary
of the Shadow Mountain Condominiums to the southerly boundary of the City of Aspen,
as depicted on the Master Plan Boundary Map attached hereto as Exhibit 1.
The purpose of including these additional lands is to accommodate the uphill terminal of
the new "surface lift" and the lower terminal of the new high speed Lift lA, and to
Ordinance No 34, Series 2008 Page 10
Lift One Neighborhood M aster Plan
accommodate certain pedestrian access improvements south of the South Aspen Street
right-of--way.
The "Barbee Notch" land is included conditioned upon the following: Inclusion is for the
sole purpose of enabling a holistic master plan review; ownership, use, development and
surface rights remain with Mary K. Barbee; inclusion of the land shall not encumber the
land for future use beyond the hearing process; and, inclusion of the land shall not
mitigate or be used to establish building requirements such as setbacks.
Pursuant to Section 26.500.040 of the City of Aspen Land Use Code, the Lift One
Neighborhood Master Plan, as described in Resolution No. 13, Series of 2008, and in
Resolution No. 80, Series of 2008, and with the inclusion of the additional Aspen Skiing
Company lands as described above, is and continues to be reasonably necessary for the
Convenience and Welfare of the Public and eligible for the COWOP review process.
Section 2: Legal Descriptions
The legal descriptions of the lands within the Lift One Neighborhood Master Plan
boundary are attached hereto as Exhibit 5.
Section 3. Master Plan Approvals; Vested Rights; Development Order
(a) The Lift One Neighborhood Master Plan is hereby approved, and the respective
owners of lands within the Master Plan boundary (the "Lift One Neighborhood"), as such
lands are described in Section 2 above, are hereby granted all land use approvals
necessary or appropriate to the implementation of the Master Plan, including without
limitation the following:
(i) Final PUD Development Plan approval for the developments described in
Section 11 below;
(ii) Subdivision approval as described in Section 4 below;
(iii)Rezoning of portions of the lands within the Lift One Neighborhood to L,
Lodge (PUD), Planned Unit Development Overlay; NC, Neighborhood
Commercial (H)(PUD), Historic, Planned Unit Development Overlay; and
PUB, Public (H)(PUD), Historic, Planned Unit Development Overlay as
described in Section 8 below;
(iv)Vacation of certain public rights-of--way as described in Section 9 below;
(v) Dedication of certain public rights-of--way and easements as described in
,z Section 10 below;
Ordinance No 34, Series 2008 Page 11
Lift One Neighborhood M aster Plan
f`i
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(vi)Growth Management Quota System ("GMQS") allotments for lodging, free
market residential and affordable housing units, and commercial net leasable
space as described in Section 14 below;
(vii) Condominiumization as described in Section 28 below;
(viii)Final Timeshare approval for the developments described in Section 11
below;
(ix)Mountain View Plane, 8040 Greenline, Conditional Use and Commercial
Design Review approval for the developments described in Section 11 below;
and
(x) Removing historic landmark designation from 710 South Aspen Street a/k/a
the Skiers Chalet Steak House and designating Lot 3 as a Historic Landmark.
(b) Pursuant to HPC Resolution No. 23, Series of 2008, unanimously adopted on October
8, 2008, Conceptual HPC Approval has been obtained for the relocation of the Skiers
Chalet Steak House building to a portion of the South Aspen Street right-of--way being
vacated pursuant to this Ordinance, and for the relocation of the Skiers Chalet Lodge to
Willoughby Park and its conversion to a Ski Museum. Final HPC approval for these
actions must be obtained before a Building Permit or Permits are applied for in
connection therewith.
(c) The rights granted by the approval of this site-specific development plan for the Lift
One Neighborhood shall remain vested for a period often (10) years from that later of the
effective date of the approved development order or as shall be more specifically set forth
in a Vested Rights Development Agreement to be approved subsequent to the adoption of
this Ordinance. However, any failure to abide by any of the terms and conditions
attendant to this approval shall result in the forfeiture of said vested property rights.
Failure to properly record all plats -and agreements required to be recorded by this
Ordinance shall result in the forfeiture of said vested property rights and shall render the
development order void within the meaning of Section 26.104.050 of the City of Aspen
Land Use Code.
(d) The approval granted hereby shall be subject to all rights of referendum and judicial
review to the extent such rights apply to this Ordinance; the period of time permitted by
law for the exercise of such rights shall not begin to run until the date of publication of
the notice of final development approval as required under Subsection 26.304.070.A of
the City of Aspen Land Use Code. Zoning that is not part of the approved site-specific
development plan shall not result in the creation of a vested property right. Nothing in
this approval shall exempt the development order from subsequent reviews and approvals
required by this approval of the general rules, regulations and ordinances or the City
provided that such reviews and approvals are not inconsistent with this approval. The
establishment of this vested property right shall not preclude the application of
ordinances or regulations which are general in nature and are applicable to all property
subject to land use regulation by the City including, but not limited to, building, fire,
Ordinance No 34, Series 2008 Page 12
Lift One Neighborhood M aster Plan
plumbing, electrical and mechanical codes. In this regard, as a condition of this
development approval, the applicant shall abide by any and all such building, fire,
plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in
writing by the City.
No later than fourteen (14) days following final adoption of this Ordinance, the Aspen
City Clerk shall cause to be published in a newspaper of general circulation within the
City of Aspen a notice advising the general public of the approval of a site specific
development plan and the creation of a vested property right for the Lift One
Neighborhood pursuant to Section 26.304.070(A) of the City of Aspen Land Use Code.
Such notice shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a site specific
development plan, and the creation of a vested property right, valid for a period of (10)
years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68,
Colorado Revised Statutes, pertaining to the following described property: reference to
property exhibit by Ordinance No. 34, Series of 2008, of the Aspen City Council.
Following the publication of said notice, the Community Development Director shall
issue a written Development Order containing the information required by Section
26.304.070(B) of the Land Use Code, which Development Order shall have an effective
date as of the date of publication of the notice of approval of the site specific
development plan.
Section 4: Master Subdivision/Street Vacation Plat
The City of Aspen has reviewed, verifies, and hereby approves and authorizes the
vacation of the Hill Street, Summit Street, a portion of Gilbert Street, a portion of Juan
Street and a portion of Dean Street west of South Aspen Street rights-of--way and the
reversion of associated lands to adjacent parcels, as depicted and described on the
proposed Street and Alley Vacation Map, attached hereto as Exhibit 3, the Master
Subdivision/Street Vacation Plat, as consistent with the requirements of C.R.S. Section
43-2-301 et. Seq.
Within two (2) years following the date of final adoption of this Ordinance by the City
Council, the record owners of the underlying lands shall prepare, execute and record a
Master Subdivision/Street Vacation Plat of the Lift One Neighborhood which subdivides
the area into the following parcels, as depicted on the Proposed Subdivision Map attached
hereto as Exhibit 4.
Lot 1: Lift One Lodge
Lot 2: Lift One Park
Lot 3: Skiers Chalet Steak House
Lot 4: Willoughby Park
Ordinance No 34, Series 2008 Page 13
Lift One Neighborhood M aster Plan
Lot 5: Lodge at Aspen Mountain
Lot 6: Deane Street Condominiums
For purposes of this Ordinance, Lots 1, 2, 3 and 4 together shall hereinafter be referred to
as the "Lift One Project" and Lots 5 and 6 together shall hereinafter be referred to as the
"Lodge at Aspen Mountain Project".
The Master Subdivision/Street Vacation Plat shall depict public infrastructure and
Rights-of--Way improvements including pedestrian infrastructure improvements as
approved by the City of Aspen Engineering Department and the Community
Development Director. Additionally, the Master Subdivision/Street Vacation Plat shall
depict and describe a development envelope for the relocation of the Lift 1 A base area as
more specifically addressed and described in Section 11.6 below, shall vacate the public
rights-of--way described in Section 9 below, shall dedicate the public rights-of--way
described in Section 10 below, and shall grant certain perpetual easements beneath,
within or above public rights-of--way and beneath Lot 2, Lift One Park, and Lot 4,
Willoughby Park, as described in Section 10 below. A Master Utility and Drainage Plan
for the Lift One Neighborhood shall be recorded concurrently with the Master
Subdivision/Street Vacation Plat.
The City acknowledges that the boundaries of Lots 3 and 6, respectively, may need to be
adjusted, and the Community Development Director shall have the authority to approve
such adjustment(s) as an Insubstantial Amendment to this Ordinance. The final
boundaries of such Lots (and of any adjoining Lots affected by the approvals granted by
such adjustments) shall be depicted and established on the individual Subdivision Plats to
be executed and recorded pursuant to Section 7 below.
The City further acknowledges that lot line adjustments may be required to accomplish
the conveyance of portions of vacated Deane Street and of vacated South Aspen Street
into the ownership of adjacent property owners. The Community Development Director
shall have the authority to approve and execute any related Lot Line Adjustment Plats via
administrative review.
Section 5: Master Development Agreement
Contemporaneously with the recording of the Master Subdivision/Street Vacation Plat,
the owners of the lands within the Lift One Neighborhood (excluding the City of Aspen)
shall prepare, execute and record a Master Development Agreement which sets forth a
description of the subdivision improvements and other amenities required by the Master
Plan, including the following:
(a) The relocation of South Aspen Street and associated sidewalks as depicted on the
Proposed Subdivision Map attached as Exhibit 4. South Aspen Street shall be snow
melted to the intersection of South Aspen Street and Durant Avenue;
Ordinance No 34, Series 2008 Page 14
Lift One Neighborhood M aster Plan
(b) The installation and/or relocation of all utilities and drainage facilities depicted and
described on the Master Utility and Drainage Plan. Drainage facilities shall be
coordinated with the City Engineering Department and shall comply with the City of
Aspen Engineering Department. Rights-of--Way shall be repaved as necessary;
(c) Deane Street right-of--way improvements, including sidewalks;
The design of the Deane Street right-of--way improvements for that section of Deane
Street between the South Aspen Street and Monarch Street rights-of--way 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) may be used for the design and implementation of these improvements.
(d) The landscaping of South Aspen Street and other public rights-of--way. The Applicant
will be required to use structural soils where anon-compacted continuous root zone
~~!1r cannot be provided. These soils will be required within the City Rights of Way
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. Tree Lighting, electrical conduits must comply with City of
Aspen standards;
(e) The new Lift lA high speed lift and other improvements to facilitate access to the lift
from South Aspen Street;
(f) The surface lift from Willoughby Park to the Lift lA Base Area Development
Envelope. The Agreement shall reference and exhibit approval provided by the State
of Colorado Tramway Board regarding the alignment and development setbacks for
the new surface lift. The City shall not approve the Agreement unless this approval is
obtained;
(g) 80 subgrade public parking spaces beneath areas to be depicted on the Master
Subdivision/Street Vacation Plat;
(h) Public locker facilities;
(i) A Ski Museum located in Willoughby Park;
(j) The relocation of the volleyball courts currently located in Willoughby Park; and
(k) Improvements to Willoughby Park;
(1) An allocation amongst the owners (excluding the City) of the responsibilities for the
ongoing maintenance of said improvements and amenities;
(m) The agreement shall define and describe the perpetual use of the public open space as
a ski corridor;
Ordinance No 34, Series 2008 Page 15
Lift One Neighborhood M aster Plan
(n) To ensure installation of the subdivision improvements and public amenities required
by the Master Plan, the Agreement shall require the provision of a financial guarantee for
no less than 100% of the estimated cost of restoration of the site so as not to create a
public nuisance. Additionally, the Agreement shall require the provision of a financial
guarantee for no less than 100% of the estimated cost of restoration of publicly owned
properties and such improvements and amenities for review and approval by the
Engineering Department prior to issuance of an Infrastructure Permit. The estimate of
costs shall be made by a professional estimator engaged by the City and paid by the
Developer. The financial guarantee shall be approved by the City Attorney;
A traffic impact analysis and mitigation plan that addresses quality of service impacts per
City of Aspen Engineering Standards.;
(o) The agreement shall include specific Construction Management Plans for each Project
which shall include but not be limited to parking management plans which mitigate
impacts on adjoining residential and commercial areas;
(p) Service ingress and egress shall use South Aspen Street, not Gilbert Street;
(q) The Lift One Lodge Project shall coordinate Gilbert Street improvements to the
satisfaction of the Engineering Department;
5.1 Seauencing: If Lodge at Aspen Mountain Proiect Proceeds First. In the
event the Lodge at Aspen Mountain Project elects to proceed with the permitting and
construction of its development ahead of the Lift One Lodge Project, the Lodge at
Aspen Mountain Project shall be obligated to provide financial assurances for and to
construct the improvements and amenities described in Section 5 above, excepting
utilities and drainage facilities that fall entirely within the other Project site unless
necessary to meet the City's storm water standards, and which are not required for the
Lodge at Aspen Mountain Project, and excepting the surface lift, the relocation of the
volleyball courts, and the improvements described in subparagraphs (i), (j) and (k)
above, all of which will occur within the Lift One Lodge Project area.
In lieu of the surface lift, the Lodge at Aspen Mountain shall establish and operate a
regular public shuttle service along South Aspen Street to the Lift lA base area until
such time as the surface lift is operational. The Lift One Lodge Project shall
construct these excluded improvements during the course of the development of its
own Project.
The Lift One Lodge Project shall be obligated to reimburse the Lodge at Aspen
Mountain Project, within ten (10) days following the date of issuance of the initial
building permit for the Lift One Lodge Project, for all costs and expenses incurred to
date by the Lodge at Aspen Mountain Project that would otherwise have been the
responsibility/share of the Lift One Lodge Project under the terms of the Master
Development Agreement. If the Lodge at Aspen Mountain Project chooses to
implement a Special District to provide the required improvements or some of them,
Ordinance No 34, Series 2008 Page 16
Lift One Neighborhood M aster Plan
then the Lift One Lodge Project's reimbursement obligation shall be to the Special
District to the extent the Special District has incurred such costs and expenses.
5.2 Sequencing: If Lift One Lode Proiect Proceeds First. In the event the Lift
One Lodge Project elects to proceed with the permitting and construction of its
development ahead of the Lodge at Aspen Mountain Lodge Project, the Lift One
Lodge Project shall be obligated to provide financial assurances for and to construct
the improvements and amenities described in Section 5 above, excepting utilities and
drainage facilities that fall entirely within the other Project site unless necessary to
meet the City's storm water standards, and which are not required for the Lift One
Lodge Project, and excepting the (80) sub grade parking spaces.
The Lodge at Aspen Mountain Project shall be obligated to reimburse the Lift One
Lodge Project, within ten (10) days following the date of issuance of the initial
building permit for the Lodge at Aspen Mountain Project, for all costs and expenses
incurred to date by the Lift One Lodge Project that would otherwise have been the
responsibility/share of the Lodge at Aspen Mountain Project under the terms of the
Master Development Agreement. If the Lift One Lodge Project chooses to
implement a Special District to provide for the required improvements or some of
them, then the Lodge at Aspen Mountain Project's reimbursement obligation shall be
to the Special District to the extent the Special District has incurred such costs and
expenses.
5.3 Sequencing of Community ImprovementsBenefits:
(i) Prior to the issuance of a Certificate of Occupancy for the Lift One Lodge Project, the
following commitments shall be fulfilled:
The Skiers Chalet Lodge shall be relocated to Willoughby Park and have received
its Certificate of Occupancy.
2. The Skiers Chalet Steak House shall be relocated pursuant to the Subdivision /
PUD Agreement and have received its Certificate of Occupancy.
3. Affordable Ski Lockers shall be constructed.
4. South Aspen Street improvements shall be completed.
5. The surface lift shall be completed and operational.
6. The new high speed Lift 1 A shall be completed and operational.
7. The volleyball courts shall be constructed.
8. The funds allocated for Affordable Housing mitigation pursuant to Section 16.1
(f)(ii) below shall be received by the City of Aspen.
Ordinance No 34, Series 2008 Page 17
Lift One Neighborhood M aster Plan
(ii) Prior to the issuance of a Certificate of Occupancy for the Lodge at Aspen Mountain
Project, the following commitments shall be fulfilled:
1. Affordable Ski Lockers shall be constructed.
2. The (80) Public Parking Spaces shall be constructed.
3. South Aspen Street improvements shall be completed.
4. The new high speed Lift lA shall be completed and operational.
5. The Deane Street Affordable Housing Condominiums shall be constructed and
have received its Certificate of Occupancy.
6. The Aspen Airport Business Center Affordable Housing shall be constructed and
have received its Certificate of Occupancy.
7. The funds allocated for Affordable Housing mitigation pursuant to Section 16.2
(f)(iv) below shall be received by the City of Aspen.
5.4 Shared Community ImgroyementsBenefits: As a part of the development of the
Lift One Neighborhood Master Plan there are several Community Improvements/Benefits
to which the Aspen Skiing Company, the owner of the Lift One Lodge and the owner of
the Lodge at Aspen Mountain have committed. Many of these Community
ImprovementsBenefits are to be provided on lands controlled by the Lift One Lodge
owner, the Lodge at Aspen Mountain owner, the Aspen Skiing Company or the City of
Aspen.
While there will be a separate private agreement amongst and between the Aspen Skiing
Company, the Lift One Lodge and the Lodge at Aspen Mountain as to the respective
funding obligation of the parties, there shall be a mechanism incorporated into the
individual Subdivision/PUD Agreement for each property in order to provide reasonable
financial assurance that the individual private funding obligations are fulfilled in order for
the Community ImprovementsBenefits to be provided. In the event that either the Lift
One Lodge or Lodge at Aspen Mountain moves forward ahead of the other, this
mechanism shall provide that prior to the issuance of a Certificate of Occupancy for the
first project to start, the party requesting such Certificate shall provide a reasonable
financial guarantee for its proportional contribution to Community
Improvements/Benefits that will be constructed or provided following the issuance of the
Certificate of Occupancy on the property of the other parties.
An example of the concept outlined above would be that prior to the issuance of a
Certificate of Occupancy for the Lodge at Aspen Mountain, the owner shall be
responsible for providing a financial guarantee for its proportional contribution to the
Skiers Chalet Lodge Relocation/Museum as outlined in its Individual Subdivision/PUD
Agreement.
Ordinance No 34, Series 2008 Page 18
Lift One Neighborhood M aster Plan
Below is a table that outlines the Community Improvements/Benefits that are shared
amongst the Aspen Skiing Company, the Lift One Lodge and the Lodge at Aspen
Mountain.
Community Improvements/Benefits
Skiers Chalet Lodge Relocation /Museum
Beer Boots & Brats - SCSH Commercial / AH
Ski Lockers
80 Public Parking Spaces
South Aspen Street Improvements
Surface Lift
Lift 1A Relocation /Improvements
Underground Service Corridor
Volleyball Court Relocation
Deane Street AH
AABC AH
AH Partnership Units
Lodge At Aspen Lift One Aspen
Mountain Lodge SkiCo
x x
x
x x
x x
x x
x x x
x x x
x x
x x
x
x
x x
Section 6: Special District
To the extent the owners of the Lift One Lodge Project area and of the Lodge at Aspen
Mountain Project area elect to form a Special District to fund, construct, operate and/or
maintain certain of these subdivision improvements and amenities, the details thereof
shall be set forth in the Master Development Agreement. The Agreement shall provide
that in the event either the Lift One Lodge Project or the Lodge at Aspen Mountain
Project is ready to proceed with its development ahead of the other Project, then that
Project shall have the right to proceed on its own to form the Special District with the
requirement that the other Project will join the Special District when it is ready to do so.
If the Special District chooses to issue bonds for purposes of constructing improvements,
and if the Special District has sold bonds sufficient in amount to cover the approved
estimated cost of accomplishing the improvements undertaken by the Special District, the
City agrees that such Special District funding shall be deemed adequate financial
assurance from the Project owners for such subdivision improvements. In establishing
the boundaries of and the real property interest to be included within the Special District,
Lots 1, 3 and 5 shall be included and all publicly-owned property and facilities, including
underground public parking, and owner occupied affordable housing units, shall be
excluded.
Ordinance No 34, Series 2008 Page 19
Lift One Neighborhood M aster Plan
Section 7: Individual Subdivision/PUD Agreements
No later than two (2) years following the date of recording of the Master
Subdivision/Street Vacation Plat and the Master Development Agreement, individual
Subdivision Plats and individual Subdivision/PUD Agreements shall be prepared,
executed and recorded covering the Lift One Lodge Project and the Lodge at Aspen
Mountain Project, respectively. Said individual Subdivision Plats and Subdivision/PUD
Agreements may be recorded at the same time or at different times, as the respective
developers may determine to be appropriate. Contemporaneously with the recording of
each individual Subdivision Plat and Subdivision/PUD Agreement, a Final PUD
Development Plan shall be recorded for that property and shall include the following
information:
(a) An illustrative site plan of the Project depicting the proposed improvements, the
approved dimensional requirements, and adequate snow storage areas;
(b) A drawing(s) representing the Project's architectural character, which demonstrates
the general architectural character of each building and depicts materials, fenestration,
projections, and dimensions and locations of elevator shaft heads, skylights,
mechanical equipment, etc.. Mechanical equipment shall be screened from pedestrian
view;
(c) A landscape plan depicting the location, amount, and species of landscape
improvements with an irrigation plan, containing a signature line for the City Parks
Department; this plan should also include any movable planters/pots within
pedestrian areas. The Subdivision/PUD agreement shall include provisions
guaranteeing the successful implementation of the landscape plan and ongoing
maintenance of landscape. Buildings shall incorporate outside spigots for water
planters and containers in the pedestrian pathways. The Subdivision/PUD Agreement
shall include provisions for initial establishment of improvements and ongoing
maintenance of the landscape and pedestrian ways as general common elements.
The proposed landscape plan shall provide a number, type, and quality of plant
material acceptable to the City Parks Department. Sufficient mitigation shall be
provided, in a form acceptable to the City Parks Department, to offset the removal of
existing trees on the site. The Landscape Plan sheet(s) of the Final PUD Plans shall
include an acceptable tree replacement and mitigation plan with a signature line for
approval by the City Parks Department.
Tree removal mitigation shall be based on the valuation of existing trees to be
removed. A summary of the existing trees to be removed and their valuation shall be
required as part of the Subdivision /PUD Agreement. New trees to be established
within the Project shall be credited towards this valuation. Total valuation is subject
to change based on the final layout, size and configuration of buildings, sidewalks
and other infrastructure. Any changes will be reviewed and approved through the
Parks Department.
(d) A grading and drainage plan, with any off-site improvements specified;
Ordinance No 34, Series 2008 Page 20
Lift One Neighborhood M aster Plan
(e) A utility and public infrastructure plan meeting the standards of the City Engineer and
City utility agencies;
(f) An exterior lighting plan meeting the requirements of Section 26.575.150 of the Land
Use Code;
(g) Cost estimates for the improvements and requirements described in the
Subdivision/PUD Agreements;
(h) A description of the financial assurances to be provided consistent with the
requirements set forth in Section 5(n), above;
Section 8: Rezonings
Upon the approval of this Ordinance by the Aspen City Council, Lots 1, 2, 3, 4 and 6 are
hereby rezoned as depicted on the Proposed Zoning Map attached hereto as Exhibit 2.
The rezoning shall become effective upon the recordation of the Master
Subdivision/Street Vacation Plat, and the Official Zone District Map of the City of Aspen
shall be amended by the Community Development Director as follows.
(a) Lot 1, Lift One Lodge, shall be depicted as included within the L, Lodge, zone district
with a Planned Unit Development (PUD) Overlay. A portion of Lot 1 shall include
H, Historic Overlay, to reflect the portion of Lot 1 containing a tower of the original
Lift 1 system and the relocation of the Skier's Chalet Steak House building off of this
Lot. The Lodge Zone District permits the development, operations, and maintenance
of ski area structures, facilities, equipment, management and operations.
(b) Lot 2, Lift One Park, shall be depicted as included within the PUB, Public, zone
district with H, Historic Overlay and a Planned Unit Development (PUD) Overlay.
The PUB Zone District permits the development, operations, and maintenance of ski
area structures, facilities, equipment, management and operations.
(c) Lot 3, Skiers Chalet Steak House, shall be depicted as included within the NC,
Neighborhood Commercial, zone district with a Planned Unit Development (PUD)
Overlay. Lot 3 shall also include H, Historic Overlay, to reflect the prior Historic
Designation of the Skiers Chalet Steak House building and its relocation thereto.
(d) Lot 4, Willoughby Park, shall be depicted as included within the PUB, Public, zone
district with a Planned Unit Development (PUD) Overlay. The PUB Zone District
permits the development, operations, and maintenance of ski area structures,
facilities, equipment, management and operations.
(e) Lot 6, Deane Street Condominiums, shall be depicted as included within the AH,
Affordable Housing, zone district with a Planned Unit Development (PUD) Overlay.
Ordinance No 34, Series 2008 Page 21
Lift One Neighborhood M aster Plan
Section 9: Public Right-of-Wav Vacations
The following public right-of--way vacations within the Lift One Neighborhood shall be
and hereby are approved, and the fee simple ownership of the lands underlying such
vacated rights-of--way shall be combined with and incorporated into the respective
adjacent parcels. Such vacations and resulting ownerships are shown on the Proposed
Street and Alley Vacation Map attached hereto as Exhibit 3, shall be depicted and
described on the Master Subdivision/Street Vacation Plat, and shall become effective
upon the recording of the Master Subdivision/Street Vacation Plat and the Master
Development Agreement.
(a) That portion of Deane Street located east of Garmisch Street along the northern
boundary of the Lodge at Aspen Mountain Project;
(b) That portion of Juan Street depicted on Exhibit 3, the Proposed Street and Alley
Vacation Map;
(c) That portion of South Aspen Street located south of Juan Street and north of the
northern boundary of the Shadow Mountain Condominiums;
(d) Those portions of Gilbert Street depicted on Exhibit 3, the Proposed Street and Alley
Vacation Map;
(e) Hill Street east of South Aspen Street through the Lift One Lodge Project;
(f) Summit Street east of South Aspen Street through the Lift One Lodge Project; and
(g) The portion of the remaining alley in Block 9, Eames Addition to the City of Aspen,
within the Lift One Lodge Project.
Section 10: Public Right-of--Wav Dedications and Perpetual Easements
The Master Subdivision/Street Vacation Plat shall accomplish the following public right-
of-way dedications and shall grant the following perpetual easements and encroachment
licenses as depicted on the Proposed Subdivision Map attached hereto as Exhibit 4, to
wit:
(a) A public right-of--way for relocated South Aspen Street;
(b) A public pedestrian easement along the vacated portion of Juan Street;
(c) A public ski and pedestrian easement within Lot 1, Lift One Lodge Project, within
Lot 2, Lift One Park, and within Lot 4, Willoughby Park;
Ordinance No 34, Series 2008 Page 22
Lift One Neighborhood M aster Plan
(d) An easement granted to the Aspen Skiing Company and/or assigns within Lots 1, 2
and 4 for purposes of constructing, operating and maintaining the surface lift and
other associated skiing improvements and operations;
(e) A perpetual subsurface easement beneath Lot 2, Lift One Park, and Lot 4,
Willoughby Park, for the use and benefit of the Lift One Lodge Project and the Lodge
at Aspen Mountain Project for purposes of constructing, operating, using, maintaining
and accessing parking garages;
(f) A perpetual subsurface easement beneath a portion of relocated South Aspen Street
for the use and benefit of the Lift One Lodge Project and the Lodge at Aspen
Mountain Project for purposes of constructing, operating, using, maintaining and
accessing a parking garage; and
(g) A perpetual access easement across Lot 1 for the benefit of the Aspen Skiing
Company.
In addition to the foregoing, the City of Aspen public right-of--way known as Dean Street,
a/k/a Deane Street, is hereby officially named and designated Deane Street (with an "e"),
and this spelling shall be reflected in the various Plats and Agreements recorded pursuant
to this Ordinance.
Section 11: Approved Uses and Development Programs
11.1 Lot 1, Lift One Lodge. The Lift One Lodge Project is approved as a mixed use
membership lodge/whole ownership project consisting of 35 lodge units, 5 free
market residential units, the affordable housing components described in Section 16.1
below, a maximum of 9,000 square feet of net leasable commercial space and a total
of 200 sub-grade parking spaces.
The Project's lodge component will consist of one-bedroom, two-bedroom, three-
bedroom and four-bedroom suites. Each bedroom within the lodge component will
be separately keyed as a "lock-off' unit. For Growth Management Quota System
purposes, the Project's lodge component will contain a total of 101 bedrooms
equaling 101 keys or separately rentable divisions.
The Project's commercial component shall consist of a public restaurant, kitchen and
bar; and various facilities for the Aspen Skiing Company, including, but not limited
to, a ticket sales area, public/employee locker rooms, ski equipment sales, servicing,
and rental, other skier servicing facilities, etc. The public restaurant, bar and kitchen
will contain a maximum of 4,000 square feet of net leasable commercial area. The
Aspen Skiing Company's facilities will contain a maximum of 5,000 square feet of
net leasable commercial area. The lodge will also include other guest service areas,
facilities and ancillary spaces and uses which are not considered net leasable area for
Growth Management Quota System purposes.
Ordinance No 34, Series 2008 Page 23
Lift One Neighborhood M aster Plan
The Historic Preservation Commission previously granted Conceptual Approval for
the relocation of the Skiers Chalet Lodge and the Skiers Chalet Steak House. The
Lift One Lodge Project shall require final approval from the Historic Preservation
Commission for both relocations, which shall be processed separately from the
Master Plan in accordance with the provisions of Chapter 26.415 of the City of Aspen
Land Use Code. The one-year limitation on submission of a final development plan to
the Historic Preservation Commission and expiration of the Conceptual approval is
hereby waived.
11.2 Lot 5, Lodge at Aspen Mountain. The Lodge at Aspen Mountain Project is
approved as a mixed use hotel/fractional/whole ownership project consisting of 75
lodge units, 26 fractional ownership units, 5 free market residential units, the
affordable housing components described in Section 16.2 below, a maximum of
18,000 square feet of net leasable commercial space, and a minimum of 238 sub-
grade parking spaces.
The Project's hotel component will consist of 72 standard/executive and one-bedroom
lodge rooms; 2two-bedroom lodge suites; and one two-bedroom presidential suite for
a total of 78 bedrooms. The Project's fractional ownership component will consist of
8three-bedroom units and 18 four-bedroom units containing a total of 96 bedrooms.
For Growth Management Quota System purposes, the Project's hotel and fractional
ownership components will contain a total of 174 bedrooms and 101 keys or
separately rentable divisions. No "lock-off' bedrooms are proposed. The whole
ownership component will consist of one three-bedroom free market residential unit
and 4four-bedroom free market residential units.
The Project's 18,000 square feet of net leasable commercial area will consist of a spa;
the hotel's restaurant and kitchen, rooftop bar, lobby lounge, sundries shop, meeting
rooms and ballroom; and a small sales center for the fractional ownership units. The
hotel will also include other guest service areas, facilities and ancillary spaces and
uses which are not considered net leasable area for Growth Management Quota
System purposes.
The Project will be condominiumized in two or more condominium regimes (one
~~, covering the Deane Street Condominium affordable housing project on Lot 6), and
`¢ ~ the fractional ownership units will be sold pursuant to a timeshare use plan.
~~.
r ' 11.3 Lot 3, Skiers Chalet Steak House. The Skiers Chalet Steak House is approved
as a mixed use commercial/affordable housing building which will contain
approximately 1,052 square feet of net leasable commercial space on its ground floor
and a total of 5 dormitory affordable housing rooms on its second and third floors.
An outdoor seating area will be provided adjacent to the building. The commercial
space's net leasable area shall be identified in the Lift One Lodge Final PUD
Development Plan and individual Subdivision/PUD Agreement.
Ordinance No 34, Series 2008 Page 24
Lift One Neighborhood M aster Plan
The Lift One Lodge Subdivision/PUD Agreement shall also include a list of
permitted uses for the commercial space, which list shall be derived from those uses
permitted within the (NC), Neighborhood Commercial, zone district.
11.4 Lot 4, Willou~hby Park. Approval is granted for the relocation of the Skiers
Chalet Lodge to Willoughby Park as depicted in the Decision Packet dated December
8, 2008, and the use of the building for community purposes including, but not
limited to, a historical museum and ancillary affordable housing or commercial space.
The building's use shall be addressed in the Lift One Lodge Subdivision/PUD
Agreement to be recorded concurrently with the Lift One Lodge Final PUD
Development Plan.
11.5 Lot 6. Deane Street Condominiums. Lot 6 is approved for the development of
a 15 unit affordable housing project. The Deane Street Condominiums Affordable
Housing Project will consist of 7 studio units, 4one-bedroom units, 2two-bedroom
units, and 2three-bedroom units.
11.6 Lift lA Base Area Development Envelope. The Lift lA Base Area
Development Envelope is approved for the uses, activities and improvements
necessary, ancillary and incidental to the development, function, operation and
maintenance of winter and summer recreation and a ski area base, including, but not
limited to the following:
(a) Skiing, snowboarding, and other winter and summer recreational sports and
activities;
(b) Ski and snow sports racing, competitions, demonstrations, other special events,
including supporting activities, facilities, improvements and infrastructure;
(c) Ski lifts and mechanized uphill transportation, including all related improvements
and equipment, such as lift terminals, towers, platforms, supporting or retaining
,,~, walls and foundations, stairs, elevators, plaza spaces, lift mazing, housings, roofs,
and similar structures, operator houses or lift shacks and storage;
(d) Ticketing sales and all necessary and incidental commercial skier services
functions, facilities and equipment, including, but not limited to ski and
equipment rental, lockers, public restrooms, offices, ski school facilities,
emergency medical care, and related activities and uses;
(e) Making, clearing, removing, sculpting, grooming and maintaining snow and snow
surfaces, together with all the infrastructure, deep and shallow utilities, and
equipment and machinery necessary for performing the same, whether fixed or
mobile;
(f) Motorized vehicle access and use, including snow grooming equipment as
described above, as well as snowmobiles, emergency vehicles, wheeled vehicles,
service and support trucks and other vehicles routinely used in the conduct and
Ordinance No 34, Series 2008 Page 25
Lift One Neighborhood M aster Plan
performance of mountain recreation, operations, services, construction, supply,
events and the permitted uses described herein;
(g) Operational, commercial, interpretive, and informational signage reasonably
necessary and/or incidental to the performance of other activities and functions
described herein;
(h) Any and all customary activities, equipment, housings, structures, and functions
which may be necessary, appropriate, ancillary and/or incidental to the full use,
practice and enjoyment of skiing and other recreational sports and activities,
mechanized uphill transportation, and related business purposes and activities;
and
(i) Installation, staging, construction, maintenance, alteration, repair, operation,
servicing, and replacement of all of improvements, structures, materials,
landscaping and/or equipment described or contemplated herein.
11.7 Conversion of Fractional Ownership Units: The conversion of fractional
ownership units in the Lift One Lodge Project and the Lodge at Aspen Mountain
Project to whole ownership units shall be prohibited without an amendment to their
respective individual Subdivision /PUD Agreements.
Section 12: Approved Dimensional Requirements
12.1 Lot 1, Lift One Lode. The following dimensional requirements are approved
for Lot 1 and shall be reflected in the Final PUD Development Plan for the Lift One
Lodge Project.
(a) Minimum Lot Size
(b) Minimum Lot Width
(c) Minimum Front Yard Setback
(d) Minimum Side Yard Setback
(e) Minimum Rear Yard Setback
(f) Maximum Building Height
Per Final PUD Development Plan
Per Final PUD Development Plan
5'
0'
5'
Varies, 55.5 ft. at highest point
The Final PUD Development Plan shall include a height map depicting maximum
heights at various points along the building.
(g) Minimum Distance Between Buildings Per Final PUD Development Plan
(h) Maximum Allowable Floor Area 130,000 sq. ft.
(i) Minimum Off-Street Parking Spaces 200
Ordinance No 34, Series 2008 Page 26
Lift One Neighborhood M aster Plan
12.2 Lot 5, Lode at Aspen Mountain. The following dimensional requirements
are approved for Lot 5 and shall be reflected in the Final PUD Development Plan
for the Lodge at Aspen Mountain Project.
(a) Minimum Lot Size
(b) Minimum Lot Width
(c) Minimum Front Yard Setback
(d) Minimum Side Yard Setback
(e) Minimum Rear Yard Setback
Per Final PUD Development Plan
Per Final PUD Development Plan
5'
5'
5'
(f) Maximum Building Height Varies, 59.5 ft. at highest point
The Final PUD Development Plan shall include a height map depicting maximum
heights at various points along the building.
(g) Minimum Distance Between Buildings Per Final PUD Development Plan
(h) Maximum Allowable Floor Area 175,000 sq. ft.
(i) Minimum Off-Street Parking Spaces 238
12.3 Lot 3, Skiers Chalet Steak House. The following dimensional requirements
are approved for Lot 3 and shall be reflected in the Final PUD Development Plan for
the Lift One Lodge Project.
(a) Minimum Lot Size
(b) Minimum Lot Width
(c) Minimum Front Yard Setback
(d) Minimum Side Yard Setback
(e) Minimum Rear Yard Setback
(~ Maximum Building Height
Per Final PUD Development Plan
Per Final PUD Development Plan
5'
5'
0'
34'
The Final PUD Development Plan shall include a height map depicting maximum
heights at various points along the building.
(g) Minimum Distance Between Buildings Per Final PUD Development Plan
(h) Maximum Allowable Floor Area 5,000
(i) Minimum Off-Street Parking Spaces 0
12.4 Lot 4, Willou~hby Park. The following dimensional requirements are
approved for Lot 4 and shall be reflected in the Final PUD Development Plan for the
Lift One Lodge Project.
(a) Minimum Lot Size
(b) Minimum Lot Width
(c) Minimum Front Yard Setback
Per Final PUD Development Plan
Per Final PUD Development Plan
40'
Ordinance No 34, Series 2008
Lift One Neighborhood M aster Plan
Page 27
(d) Minimum Side Yard Setback 10'
(e) Minimum Rear Yard Setback 10'
(f) Maximum Building Height 32'
The Final PUD Development Plan shall include a height map depicting maximum
heights at various points along the building.
(g) Minimum Distance Between Buildings Per Final PUD Development Plan
(h) Maximum Allowable Floor Area 6,000 sq. ft.
(i) Minimum Off-Street Parking Spaces 0
12.5 Lot 6, Deane Street Condominiums. The following dimensional requirements
are approved for Lot 6 and shall be reflected in the Final PUD Development Plan for
the Lodge at Aspen Mountain Project.
(a) Minimum Lot Size
(b) Minimum Lot Width
(c) Minimum Front Yard Setback
(d) Minimum Side Yard Setback
(e) Minimum Rear Yard Setback
(f) Maximum Building Height
Per Final PUD Development Plan
Per Final PUD Development Plan
0'
5'
5'
28'
The Final PUD Development Plan shall include a height map depicting maximum
heights at various points along the building.
(g) Minimum Distance Between Buildings
(h) Maximum Allowable Floor Area
(i) Minimum Off-Street Parking Spaces
Per Final PUD Development Plan
13,000 sq. ft.
0
12.6 Height and Floor Area Measurements.
(a) Height, building. For the purposes of calculating the maximum height for
development within this master plan area, the height of a building shall be the
maximum distance possible measured vertically from interpolated natural grade,
to be recorded in the Master Subdivision/Street Vacation Plat, to the highest point
or structure within a vertical plane. Architectural and mechanical appurtenances
including but not limited to antennas, chimneys, flues, vents, trellises, flag poles
or similar structures shall not extend over ten (10) feet above the specified
maximum height limit.
(b) Floor area. For the purposes of calculating the maximum allowable floor area for
development within this master plan area, there shall be included that floor area
within the surrounding exterior walls as measured from the outside face of
structural sheathing. The calculation of the floor area of a building or a portion
thereof shall not include decks, balconies, exterior stairways, gazebos, porches,
Ordinance No 34, Series 2008 Page 28
Lift One Neighborhood M aster Plan
landscape terraces and similar features. For any story that is partially above and
partially below interpolated natural grade, as recorded in the Master
Subdivision/Street Vacation Plat, 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.
Section 13: Reconstruction Credits
The following reconstruction credits have been verified by the City of Aspen and shall be
credited against the Growth Management Quota System allotment requirements of the
Lift One Lodge Project and the Lodge at Aspen Mountain Project.
13.1 Lift One Lodge Proiect
(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 shall be credited
against the Lift One Lodge Project's lodging GMQS allotment requirement. The
38 reconstruction credits shall equate to 761odging pillow for allotment purposes.
(b) One free market residential reconstruction credit located in the former Holland
House Lodge shall be credited against the Lift One Lodge Project's free market
,, residential GMQS $llotment requirement.
k ^ .»
s,~a~~,
(c) A commercial reconstruction credit of 3,374 square feet of net leasable area
consisting of 2,429 square feet in the Skiers Chalet Steak House and 945 square
feet in the Lift 1 A base structure shall be credited against the Lift One Lodge
Project's commercial GMQS allotment requirement.
13.2 Lode at Aspen Mountain Project
A total of 19 free market residential reconstruction credits consisting of one single-
family dwelling unit, and two duplex units and 16multi-family dwelling units located
in the former Mine Dumps Apartments, shall be credited against the Lodge at Aspen
Mountain Project's and the Lift One Lodge Project's free market residential GMQS
allotment requirements.
Section 14: Growth Management Quota System Allotments
The following Growth Management Quota System allotments are hereby granted to the
Lodge at Aspen Mountain Project and the Lift One Lodge Project.
Ordinance No 34, Series 2008 Page 29
Lift One Neighborhood M aster Plan
Develo ment T e Allotment or Lod eat As en Mountain
Residential-Free Market 0 Units (5 Reconstruction Credits)
Commercial 18,000 Net Leasable Square Feet
Residential-Affordable Housing 15 Dormitory Rooms
Lodging 348 Pillows
Develo ment T e Allotment or Li t One Lod e
Residential-Free Market 0 Units (5 Reconstruction Credits)
Commercial 6,680 Net Leasable Square Feet
Residential-Affordable Housing 16 Units
Lodging 126 Pillows
Develo went T e Allotment or Skiers Chalet Steakhouse
Residential-Affordable Housing 5 Dormitory Rooms
Develo ment T e Allotment for Ski Museum
Essential Public Facility Exem t
Development Type Allotment .for Deane Street Affordable
Housin
Residential-Affordable Housing 15 Units
The above growth allotments are in addition to reconstruction credits associated with the
properties but which do not require new growth allotment. The Growth Management
Quota System allotments granted pursuant to this Ordinance shall expire on the later of
the day after the tenth anniversary of the effective date of the Development Order issued
by the Community Development Director or as shall be more specifically set forth in a
Vested Rights Development Agreement to be approved subsequent to the adoption of this
Ordinance as described in Section 3(c) above.
Section 15: Growth Management Quota System Accounting
The Lodging and Commercial Growth Management Quota System allotments granted in
Section 14 above constitute multi-year development allotments as provided for in Section
26.470.090.1. of the Land Use Code. Pursuant to Section 26.470.090.1.c, the Community
Development Director is hereby directed to reduce the Annual Allotment, as provided in
Section 26.470.030.D, in future years to accommodate the Lift One Neighborhood
Master Plan as follows.
Considering the decline in lodging accommodations in the past ten years and the desire to
not prohibit land use applications with lodging components, the lodging allotment for
Ordinance No 34, Series 2008 Page 30
Lift One Neighborhood M aster Plan
f~:
2009 and subsequent growth management years shall remain at 112 pillows unless
otherwise specified through an amendment to the Land Use Code.
Section 16: Affordable Housing Requirements
16.1 Lot 1, Lift One Lodge. The Lift One Lodge Project will generate 53.5
employees. The Project has committed to provide affordable housing mitigation for
100 percent of the employees generated. The Project's employee generation and
mitigation commitments are as follows.
(a) Lodge Bedrooms. The development of lodge units within the L, Lodge, zone
district generates 0.5 employees per bedroom. The Lift One Lodge Project
contains 101 lodge bedrooms and has a lodge GMQS reconstruction credit of 38
bedrooms. The Project's 63 net new lodge bedrooms, therefore, will generate
31.5 employees.
(b) Main-Level Commercial Space. Commercial space on the main level of a
building in the L, Lodge, zone district generates 4.1 employees per 1,000 square
feet of net leasable space. The Lift One Lodge Project contains approximately
3,600 square feet of net leasable area on the main level and has a commercial
GMQS reconstruction credit of 3,374 square feet. The Project's main-level net
new commercial space, therefore, will generate approximately 1.0 employees.
(c) Basement/Upper Level Commercial Space. Commercial space on the basement
and upper levels of a building in the L, Lodge, zone district generates 3.075
employees per 1,000 square feet of net leasable space. The Lift One Lodge
Project contains approximately 5,400 square feet of net leasable area on the
basement and upper levels. The Project's commercial component on these levels,
therefore, will generate approximately 16.5 employees.
(d) Lot 3, Skiers Chalet Steak House Commercial Space. The Skiers Chalet Steak
House will contain approximately 1,052 of commercial net leasable space on its
main level. Commercial space on the main level of a building in the NC,
Neighborhood Commercial, zone district generates 4.1 employees per 1,000
square feet of net leasable space. The Skiers Chalet Steak House's commercial
space, therefore, will generate approximately 4.5 employees.
(e) Total Employees Generated/Mitigation Requirement:
(i) Lodge Bedrooms 31.5 Employees
(ii) Main-Level Commercial Space 1.0 Employees
(iii)Basement & Upper Level Commercial Space 16.5 Employees
(iv) Skiers Chalet Steak House Commercial Space 4.5 Employees
Ordinance No 34, Series,2008 Page 31
Lift One Neighborhood M aster Plan
(v) Total Employees Generated 53.5 Employees
(vi)Mitigation @ 100 Percent 53.5 Employees
(f) Affordable Housing Mitigation. The Lift One Lodge Project's affordable housing
mitigation shall be met as follows.
(i) On-Site Rental Units. The Lift One Lodge Project shall provide housing for
no less than 21 employees in a configuration of studio units and two-bedroom
units on Lot 1 within Lift One Lodge and dormitory rooms on Lot 3 within
Skiers Chalet Steak House building. The configuration of the dormitory shall
be set forth in the Final PUD Development Plan for the Project. The units will
be deed restricted to the Aspen/Pitkin County Housing Authority ("APCHA")
Category 3 income and occupancy guidelines for rental units in effect at the
time of recording of a Condominium Map for the Project. The deed restriction
will provide that whenever an affordable housing unit becomes available for
rental, the unit owner shall have a period of thirty (30) days from the date of
termination of the prior tenancy to rent the unit to a person employed within
the Project, provided that such person is otherwise qualified under the current
APCHA Guidelines. If no such qualified Project employee has signed a lease
agreement on the unit within said thirty (30) day period, APCHA shall have
the right to select a qualified tenant for the unit. No Final Certificate of
Occupancy shall be issued for the Project until the deed restriction for the
affordable housing units has been executed and recorded.
Unless a different arrangement is worked out with the City Attorney, and only
to the extent necessary to comply with applicable Colorado law, at the time of
recording of the deed restriction the owner of the affordable housing units will
convey aone-tenth of one percent interest in the affordable housing units to
APCHA, subject to such terms and conditions as the owner and the City may
mutually agree upon.
(ii) Lift One Lodge/City of Aspen Partnership. The Lift One Lodge shall
financially contribute to a City of Aspen affordable housing project in an
amount necessary to house an additional 19 employees not housed on Lot 1
and Lot 3 as delineated in (f)(i) above. It is anticipated that this will be the
Burlingame Ranch affordable housing project, but a different City affordable
housing project may be substituted in whole or in part, by mutual agreement
of the parties. The Lift One Lodge Project and the City of Aspen shall enter
into a Housing Agreement whereby the Project agrees to contribute to the City
the dollar amount calculated to be required to build the number of units
needed to house the number of employees calculated herein. Based on a
cooperative analysis performed by the City and the developer, the Burlingame
Ranch subsidy shall be $130,000.00 per employee based on 2008 dollars and
increasing by the Denver/Boulder CPI on an annual basis. The Housing
Ordinance No 34, Series 2008 Page 32
Lift One Neighborhood M aster Plan
Agreement shall be attached as an Exhibit to the Lift One Lodge Project
individual Subdivision/PUD Agreement. The affordable housing units
developed with this financial contribution shall be sold or rented, at the City's
election, at a sale or rental rate determined by the City in accordance with
applicable APCHA Guidelines, and shall not be owned or controlled in any
manner by the Lift One Lodge Project.
(iii) Additional Affordable Housing Funding. Funding for the remaining 13.5
employees to achieve 100 percent mitigation shall be provided in the form of
either an additional subsequent RETA on transactions after the initial
Developer sale or such other funding mechanism mutually acceptable to the
Project and the City of Aspen. In no event shall this funding be less than
$130,000.00 per employee based on 2008 dollars and increasing by the
Denver/Boulder CPI on an annual basis.
(g) Total Employees Housed/Lift One Lodge.
(i) Lots 1 and 3, On-Site Rental Units 21 Employees
(ii) Partnership Units 19 Employees
(iii) Additional Affordable Housing Funding 13.5 Employees
(iv)Total Employees Housed 53.5 Employees
(h) Audit. An independent audit of the Lift One Lodge Project's actual full-time
equivalent employees shall be submitted to the Aspen/Pitkin County Housing
Authority for review and approval within (90) days of the third anniversary of the
issuance of a Certificate of Occupancy for the Project. In the event the audit
indicates that the Project's employment exceeds 53.5 employees, the Project shall
provide additional affordable housing mitigation as provided for in Paragraph
16.1(f)(iii), above.
16.2 Lot 5, Lodge at Aspen Mountain. The Lodge at Aspen Mountain Project will
generate 168.5 employees. The Project has committed to provide affordable housing
mitigation for 100 percent of the employees generated. The Project's employee
generation and mitigation commitments are as follows:
(a) Demolition of the Mine Dumps Apartments. The pre-existing, prior to demolition,
Mine Dumps Apartments consisted of 16 multi-family units, 23 bedrooms, and
7,722 square feet of net livable area. Demolition of these units resulted in a
replacement requirement of 8 units, 12 bedrooms and 3,861 square feet of net
livable area. These units, bedrooms and net livable area must be provided on Lot
5 to satisfy the replacement requirement. The replacement requirement equates to
housing for 15 employees.
Ordinance No 34, Series 2008 Page 33
Lift One Neighborhood M aster Plan
(b) Lodge/Fractional Ownership Bedrooms. The development of lodge and fractional
.4~;, ownership units in the L, Lodge, zone district generates 0.5 employees per
~' bedroom. The Lodge at Aspen Mountain Project contains 174 lodge/fractional
bedrooms. The lodge and fractional ownership components of the Project,
therefore, generate 87 employees.
(c) Main-Level Commercial Space. Commercial space on the main level of a building
in the L, Lodge, zone district generates 4.1 employees per 1,000 square feet of net
leasable area. The Lodge at Aspen Mountain Project contains approximately
10,800 net leasable square feet on the main level generating approximately 44.5
employees.
(d) Basement-Level Commercial Space. Commercial space on the basement level of a
building in the L, Lodge, zone district generates 3.075 employees per 1,000
square feet of net leasable area. The Lodge at Aspen Mountain Project contains
approximately 7,200 net leasable square feet on the basement level generating
approximately 22 employees.
(e) Total Employees Generated/Mitigation Requirement:
(i) Mine Dumps Replacement 15 Employees
(ii) Lodge/Fractional Ownership Bedrooms 87 Employees
(iii)Main-Level Commercial Space 44.5 Employees
(iv)Basement-Level Commercial Space 22 Employees
(v) Total Employees Generated 168.5 Employees
(vi)Mitigation @ 100 Percent 168.5 Employees
(f) Affordable Housing Mitigation: The Lodge at Aspen Mountain Project's
affordable housing mitigation requirement shall be met as follows.
(i) On-Site Rental Units. The Lodge at Aspen Mountain Project shall contain 15
dormitory affordable housing units on Lot 5. Each dorm unit will house two
employees for a total of 30 employees housed. The configuration of the
dormitory shall be set forth in the Final PUD Development Plan for the
Project. These affordable housing units will satisfy the Project's replacement
affordable housing requirement described in Section 16.2(a) above. The units
will be deed restricted to the Aspen/Pitkin County Housing Authority
("APCHA") Category 3 income and occupancy guidelines for rental units in
effect at the time of recording of a Condominium Map for the Project. The
deed restriction will provide that whenever an affordable housing unit
becomes available for rental, the unit owner shall have a period of thirty (30)
days from the date of termination of the prior tenancy to rent the unit to a
person employed within the Project, provided that such person is otherwise
Ordinance No 34, Series 2008 Page 34
Lift One Neighborhood M aster Plan
qualified under the current APCHA Guidelines. If no such qualified Project
employee has signed a lease agreement on the unit within said thirty (30) day
period, APCHA shall have the right to select a qualified tenant for the unit. No
Final Certificate of Occupancy shall be issued for the Project until the deed
restriction for the affordable housing units has been executed and recorded.
Unless a different arrangement is worked out with the City Attorney, and only
to the extent necessary to comply with applicable Colorado law, at the time of
recording of the deed restriction the owner of the affordable housing units will
convey aone-tenth of one percent interest in the affordable housing units to
APCHA, subject to such terms and conditions as the owner and the City may
mutually agree upon.
(ii) On-Site Sale Units. The Lodge at Aspen Mountain Project shall provide 7
studio, 4one-bedroom, 2two-bedroom and 2three-bedroom affordable
housing units on Lot 6, to be known as the Deane Street Condominiums.
These units will house a total of 26.25 employees. The unit mix and
minimum sizes shall be set forth in the Final PUD Development Plan for the
Project. These affordable housing units will be deed restricted to the APCHA
Category 3 income and occupancy guidelines for sale units in effect at the
time of recording of a Condominium Map for the Deane Street
Condominiums. No Final Certificate of Occupancy shall be issued for the
Lodge at Aspen Mountain Project until the deed restriction for these
affordable housing units has been executed and recorded.
(iii)Off--Site Sale Units. It is anticipated that 27 employees will be housed in Units
I-Q of the Pacific Avenue Condominiums, which are to be constructed at the
Aspen Airport Business Center pursuant to BOCC Resolution No. 135-2004
recorded October 29, 2004 as Reception No. 503623. The Lodge at Aspen
Mountain shall retain the right to select the first purchaser of each of these
affordable housing units, provided only that such purchaser is qualified by the
APCHA to be a purchaser under the applicable APCHA Guidelines. No Final
Certificate of Occupancy shall be issued for the Lodge at Aspen Mountain
Project until the deed restriction for these affordable housing units has been
executed and recorded.
,,.
,Fyn
(iv)Lodge at Aspen Mountain/City of Aspen Partnership. The Lodge at Aspen
Mountain Project shall financially contribute to a City of Aspen affordable
housing project in an amount necessary to house an additional 43.25
employees not housed pursuant to (i), (ii) and (iii) above. It is anticipated that
this will be the Burlingame Ranch affordable housing project, but a different
City affordable housing project may be substituted in whole or in part, by
mutual agreement of the parties. The Lodge at Aspen Mountain Project and
the City of Aspen shall enter into a Housing Agreement whereby the Project
agrees to contribute to the City the dollar amount calculated to be required to
build the number of units needed to house the number of employees calculated
herein. Based on a cooperative analysis performed by the City and the
Ordinance No 34, Series 2008
Lib One Neighborhood M aster Plan
Page 35
`s°,
:~..
developer, the Burlingame Ranch subsidy shall be $130,000.00 per employee
based on 2008 dollars and increasing by the Denver/Boulder CPI on an annual
basis. The Housing Agreement shall be attached as an Exhibit to the Lodge at
Aspen Mountain Project individual Subdivision/PUD Agreement. The
affordable housing units developed with this financial contribution shall be
sold or rented, at the City's election, at a sale or rental rate determined by the
City in accordance with applicable APCHA Guidelines, and shall not be
owned or controlled in any manner by the Lodge at Aspen Mountain Project.
(v) Additional Affordable Housing Funding. Funding for the remaining 42
employees to achieve 100 percent mitigation shall be provided in the form of
either an additional subsequent RETA on transactions after the initial
Developer sale or such other funding mechanism mutually acceptable to the
Project and the City of Aspen. In no event shall this funding be less than
$130,000.00 per employee based on 2008 dollars and increasing by the
Denver/Boulder CPI on an annual basis
(vi)Mine Dumps Tenants. The tenants in the Mine Dumps Apartments at the time
of demolition thereof shall be provided a right of first refusal to purchase an
affordable housing unit in the Deane Street Condominiums. Such buyers shall
meet the qualification requirements of the APCHA.
(g) Total Employees Housed/Lodge at Aspen Mountain:
(i) On-Site Rental Units 30 Employees
(ii) On-Site Sale Units 26.25 Employees
(iii)Off--Site Sale Units 27 Employees
(iv)Partnership Units 43.25 Employees
(v) Additional Affordable Housing Funding 42 Employees
(vi)Total Employees Housed 168.5 Employees
(h) Audit. An independent audit of the Lodge at Aspen Mountain Project's actual
full-time equivalent employees shall be submitted to the Aspen/Pitkin County
Housing Authority for review and approval within (90) days of the third
anniversary of the issuance of a Certificate of Occupancy for the Project. In the
event the audit indicates that the Project's employment exceeds 168.5 employees,
the Project shall provide additional affordable housing mitigation as provided for
in Paragraph 16.2(f)(v), above
Ordinance No 34, Series 2008 Page 36
Lift One Neighborhood M aster Plan
Section 17: Parking Spaces and Parking Garage
The Lift One Lodge Project and Lodge at Aspen Mountain Project parking garage shall
be considered an approved commercial parking facility. Minimum parking spaces to
serve each Project are identified in Section 12 above. Allocated spaces shall be identified
on the individual Subdivision/PUD Agreements (or the Final PUD Development Plans
attached thereto) required under Section 7 above. Allocated spaces shall not be sold or
leased separate from the portion of a Project to which they are allocated. Unallocated
spaces may be leased by the owners thereof on a daily or longer-term basis, or may be
sold to third parties.
The parking spaces in the parking garage shall be used for parking vehicles and accessory
storage (such as ski storage at the head of a parking space), and shall not be principally
used for storage, trash containers, mechanical equipment, or other non-automobile related
purposes.
The Applicant shall work with the Parks Department to develop a Parks facility
maintenance storage unit located within the parking garage. The purpose of this facility
will be for the storage of maintenance vehicles used for maintenance of Parks Facilities
located within the Core of Aspen.
Section 18: Building Permit Anulication
The building permit application for development on each lot shall include the following:
(a) A copy of this final City Council Ordinance, the Master Development Agreement, the
'?:. Subdivision /PUD Agreement for the particular lot, as recorded, and a letter from the
~~ primary contractor stating that the Ordinance has been read and understood.
(b) The conditions of approval printed on the cover page of the building permit set.
(c) A completed tap permit for service from the Aspen Consolidated Sanitation District.
(d) Evidence that a tree removal permit has been attained pursuant to the requirements of
the City Parks Department. The tree removal permit shall be accompanied by a
detailed landscape plan indicating which trees are to be removed and new plantings
proposed on the site.
(e) The installation and/or relocation of all utilities and drainage facilities depicted and
described on the Master Utility and Drainage Plan. Drainage facilities shall be
coordinated with the City Engineering Department and shall comply with the City of
Aspen Engineering Department. Rights-of--Way shall be repaved as necessary.
(f) A final construction site management plan and parking plan pursuant to the
requirements set forth in Section 19 below.
Ordinance No 34, Series 2008 Page 37
Lift One Neighborhood M aster Plan
(g) An excavation/stabilization plan prepared by a licensed Engineer. All excavations
adjacent to the drip zones will be required to be vertical excavation only, with no over
digging. Excavations will 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 within
these protection zones.
(h) A fugitive dust control plan approved by the Environmental Health Department
which addresses watering of disturbed areas including haul roads, perimeter silt
fencing, as-needed cleaning of adjacent rights-of--way, speed limits within and
accessing the site, and the ability to request additional measures to prevent a nuisance
during construction. The Project developer shall wash tracked mud and debris from
the street as necessary, and as requested by the City, during construction.
(i) A mudflow analysis and mitigation plan that meets the current City of Aspen
Engineering Standards.
(j) Payment of all impact, tap, school land dedication, and permit fees shall be paid prior
to issuance of a building permit as specified in the Master Development Agreement
and as may be increased annually pursuant to the Agreement. The City has agreed to
lower certain permit fees to reflect the actual expected costs of administering the
project's review, inspection, and construction management oversight.
Section 19: Construction Management Plan
At the time that each of the Lift One Lodge Project and the Lodge at Aspen Mountain
Project submits a proposed individual Subdivision/PUD Agreement to the City for
review, and at the time the Lift lA Base Area Project submits a building permit
application to the Building Department for review, the Project developer shall also
prepare and submit a Construction Site Management Plan and Parking Plan (the "CMP")
to the City for consideration. The CMP shall be reviewed by the City's Construction
Management Officer and the City Engineer, and shall be consistent with the City's
revised CMP Requirements Manual of June, 2007, as it may be amended from time to
time. The final CMP shall be attached as an Exhibit to the Project's Final PUD
Development Plan, or in the case of the Lift lA Base Area Project, to its Building Permit.
Any further regulations regarding construction management that may be adopted by the
City of Aspen prior to application for a building permit for a Project shall be applicable.
A temporary encroachment license is required for use of City right of way for
construction purposes. A Project developer shall not be allowed to close South Aspen -~
Street during construction except for relocation and reconstruction of the street and the
construction of sub-grade improvements beneath the street. Street closure of South Aspen
Street concurrent with significant public events like World Cup shall be avoided.
Throughout the construction process, access will be maintained to Lift lA and Shadow
Mountain Condos.
Ordinance No 34, Series 2008 Page 38
Lift One Neighborhood M aster Plan
A Project developer shall provide phone contact information for the on-site project
management to neighboring properties, and shall 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 construction management personnel.
Section 20: Soil Stabilization
The Lodge at Aspen Mountain Project has installed inclinometers and conducted bi-monthly
monitoring. This information shall continue to be collected and made available to the City
Engineer. 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 construction
process, the City shall stop work on the project and require the Applicant to make such
improvements that are 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 areas 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.
Section 21: 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 hazardous 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 Department 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.
Ordinance No 34, Series 2008 Page 39
Lift One Neighborhood M aster Plan
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 22: AnAroval for Temuorary Use of Willoughby Park and Lift One Park
The City Council hereby approves the temporary use of Willoughby Park and Lift One
Park for construction-related purposes in connection with both the Lift One Lodge
Project and the Lodge at Aspen Mountain Project, respectively, provided that the details
and conditions of any such uses shall be described in the CMP for each Project pursuant
to Section 19 above and shall be coordinated with the City Parks Department.
Section 23: Pre-Submittal Meeting
A Project developer shall arrange with the Community Development case planner to
conduct apre-submission meeting with the City Community Development Staff prior to
submittal of a building permit application. This meeting shall include the developer, the
general contractor, the architect of the construction drawings, the project planner, the
Community Development Engineer, a representative of the City Building Department,
the City Construction Management Officer, and the Community Development
Department's case planner.
Section 24: Juan Street Pedestrian and Emergency Vehicle Easement
The Juan Street Pedestrian and Emergency Vehicle Easement, as .depicted on the
Proposed Subdivision Map attached hereto as Exhibit 4, shall be established as a
perpetual easement on the Master Subdivision/Street Vacation Plat pursuant to Section 4
above. The bridge over Juan Street connecting components of the Lodge at Aspen
Mountain Project shall be at least sixteen and a half feet above Juan Street to allow for
the passage of emergency vehicles under the structure.
Ordinance No 34, Series 2008 Page 40
Lift One Neighborhood M aster Plan
Section 25: Impact and Other Proiect Fees
The Lift One Lodge Project, the Lodge at Aspen Mountain Project, and the Lift lA Base
Area Project respectively, shall be responsible for payment of impact, permit, timeshare
mitigation and other project fees to be defined in the Master Development Agreement.
Section 26: Funding of Replacement of Lift lA
26.1 Lode at Aspen Mountain Project. Pursuant to an agreement with the Aspen
Skiing Company, in the event the developer proceeds with the construction of the
Lodge at Aspen Mountain Project, the developer shall provide Four Million
Dollars ($4,000,000) to the Aspen Skiing Company towards the cost of replacing
Lift 1 A with a new high-speed lift. Such commitment is hereby incorporated into
this Ordinance as a condition to City Council approval. If the new lift is not yet
operational when the Lodge at Aspen Mountain Project is ready for occupancy, in
order to be granted a right of occupancy by the City the developer shall prdvide to
the City and to the Aspen Skiing Company, as co-beneficiaries, a Letter of Credit
or Performance Bond in the amount of $4,000,000 (less any portion thereof
already advanced by the developer to the Aspen Skiing Company), in a form
satisfactory to the City Attorney, as collateral security for developer's
performance of this condition.
2_6.2 Lift One Lodge Project. In the event the Lodge at Aspen Mountain Project
does not proceed, the Lift One Lodge Project and the Aspen
Skiing Company have agreed to share the cost of replacing Lift lA with a new
high speed lift. If the new lift is not operational when the Lift One Lodge Project
is ready for occupancy, in order to be granted a right of occupancy by the City the
developer of the Lift One Lodge Project and the Aspen Skiing Company shall
together provide to the City a Letter of Credit or Performance Bond in the amount
required to complete the installation of the new lift, as calculated by the Aspen
Skiing Company and reviewed and approved by the City, in a form satisfactory to
the City Attorney, as collateral security for the completion of the new lift.
Section 27: Ski Related Improvements /Operations
27.1 Installation Timing of the High Speed Lift lA and Surface Lift. Prior to the
issuance of a Certificate of Occupancy for either the Lift One Lodge Project or the
w Lodge at Aspen Mountain Project, the high speed Lift lA shall be constructed,
;4
~~~~ installed, completed and operational. Provided that the Lodge at Aspen Mountain
Project shall be entitled to receive a Certificate of Occupancy if it has provided
the Letter of Credit or Performance Bond described in Section 26.1 above. The
surface lift from Willoughby Park to the Lift 1 A Base Area Development
Envelope shall be constructed, installed, and completed as identified or described
in Section 5.3.
Ordinance No 34, Series 2008 Page 41
Lift One Neighborhood M aster Plan
27.2 Snow Surface Conditioning and Maintenance. Aspen Skiing Company, its
successors or assigns ("ASC"), through and by agreement, license, and/or
easement with the Projects' owners and the City of Aspen, shall regularly groom
and maintain the snow conditions in the surface lift corridor from Willoughby
Park to the Lift lA Base Area Development Envelope. Typically the maintained
snow base and surfaces in the corridor shall consist of natural snow accumulation
and at all times during the ski season shall be subject to ASC's operational
management, controls and closures at ASC's sole discretion for safety, functional
and related reasons. However, subject to the physical limitations of weather,
temperature, and technical or mechanical constraints normally associated with
artificial snowmaking, grooming and snow management, ASC shall make, move,
spread, groom and prepare a base of artificial snow in the surface lift corridor at
the beginning of each ski season in accord with its annual snowmaking and terrain
opening plan.
27.3 Alternate Access to Lift lA from Deane Street. During periods of time in ski
seasons when Lift lA is installed, operational and running and when the surface
lift is not yet installed or is not operating once installed, the Projects shall provide
and operate a regular public shuttle system from Deane Street to the top of South
Aspen Street, which may be integrated into and operated with the Projects' other
lodge transportation services or by separate agreement with the City of Aspen,
incorporated into and supplanted by a public system operated by the City or other
third party carriers.
Section 28: Environmental Initiatives
The Lodge at Aspen Mountain Project and the Lift One Lodge Project have each committed
to the following energy goals for their respective Projects. Such goals are hereby
included as conditions of approval.
(a) Fifty percent (50%) less fossil fuel consumption in the Project's buildings
compared to the Ashrae 90.1 baseline;
(b) LEED Silver or Gold Certification when the Project becomes operational;
(c) Post-occupancy "true-up" through off-sets, operating improvements, or capital
improvements; and,
(d) Identify and compare with measured data from peers.
The details of the energy conservation program shall be set forth in the individual
Subdivision/PUD Agreement for each Project.
In the event the City of Aspen forms a renewable energy district, which can be reasonably
expected to provide service prior to the recordation of the individual Subdivision / PUD
Ordinance No 34, Series 2008 Page 42
Lift One Neighborhood M aster Plan
Agreement for each Project, the Lodge at Aspen Mountain Project and the Lift One Lodge
Project shall agree to participate.
Section 29: Condominiumization
Condominiumization of (a) the Lift One Lodge Project; (b) the Lodge at Aspen Mountain
Project, and (c) the Deane Street Condominium Project, respectively, are hereby
approved by the City of Aspen. Upon substantial completion of construction of each
Project, the developer shall submit a Condominium Map of the Project to the Community
Development Director for review and approval. During the period of vested rights
described in Section 3(c) above, the Condominium Maps shall be reviewed under the
applicable provisions of the City's Land Use Regulations in effect on the date of final
adoption of this Ordinance. Following expiration of said vesting period, the
Condominium Maps shall be reviewed under the then-current condominiumization
requirements of the Land Use Regulations. The condominiumization of each Project shall
be accomplished prior to the closing of the sale of any unit or fractional interest in the
Project.
With regard to the Deane Street Condominiums, the Condominium Declaration and the
HOA Articles and Bylaws shall be reviewed and approved by the Aspen/Pitkin County
Housing Authority before the affordable housing deed restriction is recorded on the
property. The Condominium Declaration and HOA documents shall be consistent with
the provisions of the Colorado Common Interest Ownership Act.
Section 30: Vacation of Townhome Approvals; Further Vested Rights Extension.
The developer of the Lodge at Aspen Mountain Project has represented to the City that
the approvals previously granted by Ordinance No. 32 (Series of 2003) for the
development of 14 free market townhomes and 17 affordable housing units on the Project
site, together with all vested rights extensions associated therewith (the "townhome
approvals"), shall be deemed fully and forever vacated, terminated and of no further force
or effect upon the execution and recording of the Master Subdivision/Street Vacation Plat
described in Section 4 above. The Project developer and the City shall cooperate in the
execution and recording of such instruments as may be necessary or appropriate to
accomplish the vacation and/or termination of said townhome approvals. The foregoing
commitments by developer are incorporated herein as a condition to the City Council's
approval of this Ordinance.
The vested rights period associated with the townhome approvals presently expires on
July 28, 2009. In light of the complexity of the several developments approved by this
Ordinance and the two (2) year time period established in the Ordinance for the recording
of the Master Subdivision/Street Vacation Plat, said vested rights period is hereby further
extended by the City Council for a period of two (2) additional years, to expire on July
28, 2011.
Ordinance No 34, Series 2008 Page 43
Lift One Neighborhood M aster Plan
Section 31: Master Plan Amendments
The entire Lift One Neighborhood Master Plan shall remain active as a COWOP land use
review subject to the provisions of Land Use Code Section 26.500, Development
Reasonably Necessary for the Convenience and Welfare of the Public, and the procedures
therein and as established pursuant to City Council Resolution No. 13 (Series of 2008)
and Resolution No. 80 (Series of 2008), for the entire vested rights period set forth in
Section 3(c) above or as otherwise extended by the Aspen City Council. The purpose of
the COWOP land use review remaining open is to allow for the consideration and
enactment of potential amendments to the Master Plan, some of which could be
substantive and require City Council approval.
Amendments may be processed at any time and from time to time by any one or more of
the developers of the Lift One Lodge Project, the Lodge at Aspen Mountain Project, and
the Lift lA Base Area Project.
Amendments which are not materially inconsistent with a representation or condition of
approval and which are substantially consistent with the goals of the Lift One
Neighborhood Master Plan and the use, character, intensity, traffic generation, employee
generation, circulation patterns, and public amenities of the Master Plan development as
approved in this Ordinance by the City Council, may be approved by the Community
Development Director. By way of example and not of limitation, the types of
amendments to the Master Plan approval which may be approved by the Community
- Development Director may include insubstantial changes to the site plan, architectural
materials, fenestration, character, projections, floor area, gross floor area, net leasable
commercial area, unit counts and configuration, interior partitioning and circulation,
parking ratios and layout, insubstantial height modifications, location and vertical
projections for mechanical equipment or elevator overruns, the location and design of
pedestrian amenity space, and the conversion of free market residential units to fractional
ownership units and the conversion of fractional ownership units to lodge units. The
Community Development Director may choose to refer all or part of an amendment
request to the City Council. The Director's decision shall be considered the final
administrative action on the matter. An amendment not considered insubstantial by the
Community Development Director shall be reviewed as a substantive amendment. An
applicant may appeal a decision by the Community Development Director to the City
Council, which appeal shall be processed as a substantive amendment, as outlined below.
Substantive amendments shall be reviewed and approved by the City Council.
Substantive amendments shall be those which represent a fundamental change to the use,
character, intensity, traffic generation, employee generation, circulation patterns, or
public amenities of the Master Plan development. Prior to the recordation of the Master
Subdivision/Street Vacation Plat and Master Development Agreement, the Aspen Skiing
Company shall provide evidence of approval of the surface lift variance granted by the
Colorado State Tramway Board to the satisfaction of the Community Development
Director. Amendments to the plan as a result of denial by the Colorado State Tramway
Board of the requested variation to lift setback requirements for the surface lift shall be
Ordinance No 34, Series 2008 Page 44
Lift One Neighborhood M aster Plan
reviewed as a substantive amendment. The review shall be at a public hearing and shall
require adoption of an Ordinance. The City Council shall use the same Land Use Code
criteria as used for the initial City Council approval of this within Ordinance, unless
certain criteria have no bearing on the specific amendment request. At the discretion of
the City Council, a COWOP Task Force Team may be convened or reconvened to
consider substantive amendments and to provide advice and guidance to City Council
pursuant to Section 26.SOO.OSO.D of the Land Use Code.
Amendments to the Master Plan after the expiration of the vested rights period and any
extensions thereof that may be enacted shall be reviewed in accordance with the
standards and procedures set forth in the City of Aspen Land Use Code then in effect that
govern amendments to a Planned Unit Development.
Section 32: Material Representations Preserved
All material representations and commitments made by the Lift One Project, the Lodge at
Aspen Mountain Project, and/or the Lift lA Base Area Project, respectively, in
connection with the Master Plan development approvals as herein awarded, whether in
public hearing or documentation presented before the Lift One Neighborhood Task Force
or the Aspen 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.
Section 33: Existing Litigation
This Ordinance shall not affect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of any ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior ordinances.
Section 34: Separability
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 35: Effective Date of Ordinance
~' This ordinance shall become effective thirty (30) days following final adoption and
publication.
Section 36: Public Hearing
A public hearing on this Ordinance was held on 2008, in the City Council
Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a
public notice of the same was published in a newspaper of general circulation within the
City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the
City Council of the City of Aspen on the day of , 2008.
Ordinance No 34, Series 2008 Page 45
Lift One Neighborhood M aster Plan
Michael C. Ireland, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved this day of , 2008.
Michael C. Ireland, Mayor
~`' Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
Attachments:
1 -Adjusted Master Plan Boundary
2 -Proposed Zoning Map
3 -Public Rights-of--Way Vacations & Dedications
4 -Proposed Subdivision Map
5 -Legal Descriptions
Ordinance No 34, Series 2008 Page 46
Lift One Neighborhood M aster Plan
Exhibit 1-Adjusted Master Plan Boundary
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Ordinance No 34, Series 2008 Page 47
Lift One Neighborhood M aster Plan
Exhibit 3 -Public Right-of-Way vacations and Dedications Map
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Lift One Neighborhood Ma^nr Plan
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Ordinance No 34, Series 2008 Page 48
Lift One Neighborhood M aster Plan
Exhibit S -Legal Descriptions
A. Property of Aspen Land Fund II, LLC
South Aspen Street Subdivision/Planned Unit Development Lots 1, 2, and 3, as described
on the plat thereof recorded April 27, 2007 with the Pitkin County Clerk and recorder as
reception number 537080 in Book 83, Page 50.
B. Property of Aspen Skiing Company
1. Land Under Contract with Roaring Fork Mountain Lodge -Aspen, LLC which is
included in the Lift One Lodge Application:
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14,
Block 10, and Lots 1, 2, 3, 4, 5, 6 and 7, Block 12,
FAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN,
TOGETHER WITH an easement and right of way for the construction, erection,
operation and maintenance of a cable ski chair lift, as created, defined and established by
Easement Agreement between the Board of County Commissioners of the County of
Pitkin and Friedl Pfeifer recorded October 24, 1962, in Book 199 at Page 489, and,
TOGETHER WITH an easement and right of way for skiing purposes, as created,
defined and established by Easement Agreement by and between the City of Aspen and
Aspen Skiing Corporation recorded October 17, 1969, in Book 244 at Page 31, and
TOGETHER WITH that portion of the alleyway for Block 10 vacated in Book 259 at
Page 83.
2. Land Area generally adjacent to and south of the Lift One Lodge Site:
That property owned by the Aspen Skiing Company extending generally to the south
from the
southwesterly boundary of the Mountain Queen Condominiums, the southerly boundary
of Block
12, Eames Addition to the City and Townsite of Aspen, the south end of the South Aspen
Street
Right-of--way and the southerly boundary of the Shadow Mountain Condominiums to the
southerly boundary of the City of Aspen.
C. Property of Roaring Fork Mountain Lodge -Aspen, LLC
Lots 12, 13 and 14, Block 8, together with that portion of the alley in Block 8 abutting
said lots, Eames Addition to the City and Townsite of Aspen, Eames Addition, City and
Townsite of Aspen (Skiers Chalet Steakhouse); Lots 5, 6, 7, 8, 9 and 10, Block 9,
together with Lots 4 and 11, Block 9, less the west 22 feet thereof, Eames Addition to the
City and Townsite of Aspen, and that portion of the alley in said Block 9 vacated by the
Ordinance No 34, Series 2008 Page 49
Lift One Neighborhood M aster Plan
City of Aspen in Ordinance No. 4, Series of 2006, recorded April 11, 2006 under
Reception No. 522845 (Skiers Chalet Lodge); and Lots 1, 2, 13 and 14, Block 9, Eames
Addition to the City and Townsite of Aspen, together with that portion of the vacated
alley between Lots 1 and 14 and the west 20 feet of the vacated alley between Lots 2 and
13, Block 9, Eames Addition to the City and Townsite of Aspen (Holland House).
D. Property owned or maintained by the City of Aspen.
Willoughby Park:
Lots 1-14, Block 7 and Lots 1-3, Block 8 Eames Addition, City and Townsite of Aspen,
and that portion of Juan Street east of South Aspen Street between Blocks 7 and 8, Eames
Addition, City and Townsite of Aspen and that portion of the alley in Block 8 adjacent to
Lots 1, 2, and 3 Block 8, Eames Addition, City and Townsite of Aspen.
Lift One Park:
Lots 3 and 12 Block 9 and the western 22 feet of Lots 4 and 11, Block 9 Eames Addition,
City and Townsite of Aspen.
Public rights-of--way:
• South Aspen Street south of Durant Avenue.
• All unvacated portions of Dean Street west of Monarch Street.
• Juan Street between South Aspen Street and Garmisch Street.
• The alleyway between Lots 1, 2 and 3 and Lots 12, 13, and 14, Block 8, Eames
Addition, City and Townsite of Aspen (unopened).
• Garmisch Street from Juan Street to Durant Avenue.
• Gilbert Street west of Monarch Street.
• Hill Street west of Monarch Street (unopened).
• Summit Street west of Monarch Street (unopened).
• A one-block section of alleyway between Hill Street and Summit Street east of
South Aspen Street (unopened).
• A one-block section of alleyway south of Summit Street east of South Aspen
Street (unopened).
Ordinance No 34, Series 2008 Page 50
Lift One Neighborhood M aster Plan
EXHIBIT I
LIFT ONE NEIGHBORHOOD MASTER PLAN
STAFF FINDINGS: PLANNED UNIT DEVELOPMENT
A development application for PUD shall comply with the following standards and
requirements (staff findings follow each requirement):
A. General requirements.
1. The proposed development shall be consistent with the Aspen Area Community
Plan.
STAFF FINDING: DOES IT COMPLY? YES
Staf Findin
Staff finds the proposal is consistent with the Aspen Area Community Plan. Outlined
below is the project's consistency with applicable individual goals in the AACP.
Managing Growth
The community goals listed in the AACP include:
• "Provide fora `critical mass' of permanent local residents by providing a limited
number of affordable housing units within the Aspen Community Growth
Boundary. " The proposal houses 75% of the employees generated by the
development. The project is also contemplating the ability to achieve 100%
mitigation through the implementation of a real estate transfer tax. This exceeds the
City's Land Use Code requirements of 60% mitigation. The proposal includes
housing units for on-site workers, an on-site housing development for permanent
local population (ownership units), and facilitates the City's development of
Burlingame Ranch (or a similar project) which houses the permanent population.
Staff finds the proposal meets this goal of the AACP.
• "Contain development with the creation of the Aspen Community Growth
Boundary... " The proposed development is within the Aspen Community Growth
Boundary. Staff finds the project meets this goal of the AACP.
• "Foster awell-balanced community through integrated design that promotes
economic diversity, transit and pedestrian friendly lifestyles, and the mixing of
people from different backgrounds. " The project creates spaces for free-market and
deed-restricted residences, lodging opportunities, lodging associated commercial,
new and improved access to skiing, alocals-oriented commercial space (expected to
be a restaurant and bar), a ski museum, enhanced pedestrian connections within, and
enhanced transit service. The proposal includes a range of economic diversity from
space from space for anon-profit, affordable housing, free-market housing, and
market rate lodging. The uses are integrated into the site design in a manner that
creates pedestrian places and opportunities for locals and tourists to integrate. Staff
finds the subdivision meets this goal of the AACP.
• "We should endeavor to bring the middle class back into our community. We should
discoura e s ravel and reco nize its cost to the character o our communi ,our
Lift One Neighborhood Master Plan Page 1/40
Exhibit I -Review Criteria and Staff Findings
open spaces and our rural resources as well as the fiscal expenses associated with
the physical infrastructure of sprawl. " The base of Aspen Mountain is an
appropriate place for high density development. This area is within walking distance
to all the City's attractions and connections to the region's transit services. The
proposal does not contribute to sprawl and, by housing many of the employees on-
site, attempts to limit additional sprawl. The proposal provides high-quality Category
affordable housing units in the heart of the community and thereby serves to forward
all aspects of this AACP goal. The proposal also strives to enhance a forgotten
neighborhood. This "side" of Aspen Mountain accounts for approximately 3% of
the daily initial uplift of Aspen Mountain. Redevelopment of this area will bring
back some vitality of this once popular area, highlight the area's historic resources,
and utilize the area's public infrastructure. Staff finds the proposal meets this goal
of the AACP.
Transportation
The community goals listed in the AACP include:
• "Maintain and improve the appeal of bicycling and walking... by adding sidewalk
connections, replacing sidewalks, and requiring sidewalks as part of development
approvals, where appropriate... " The area now has very limited pedestrian
infrastructure. In fact, one of the current obstacles to the use of Lift lA is the
absence of proper pedestrian connections -the area is not currently convenient for
pedestrians. The proposal focuses on accessibility by providing pedestrian
infrastructure, a surface lift providing access to Lift lA, funding for expanding the
Galena Shuttle to the site (on a seasonal basis), public parking, automobile drop-off
zones, and shuttle service for lodging guests. Staff finds the proposal meets this goal
of the AACP.
• "Reduce the adverse impacts of automobiles on the Aspen area. " The development
includes underground parking for tenants and residents of the development and
public parking for visitors, skiers, guests of the lodges, and patrons of the businesses.
The project provide enough parking for the businesses to be commercial successful
without inducing unnecessary traffic. The area's surface parking has been removed
(to underground) and the aesthetics will be substantially enhances by this change as
the streetscape will not be dominated by autos. The location of the public parking
reduces the impact these cars would otherwise have on the surrounding community
if they were required to park at street level in the neighborhood. Staff finds the
proposal meets this goal of the AACP.
• "New development should take place only in areas that are, or can be served by
transit, and only in compact, mixed-use patterns that are conducive to walking and
bicycling. " The proposed development is served by transit (one half-block away)
and is composed of compact mixed-uses conducive to walking and bicycling. The
project is required to fund the City's in-town transit program and an extension of the
Galena Street shuttle is expected to service this neighborhood on a seasonal basis.
Staff finds the proposal meets this goal of the AACP.
Lift One Neighborhood Master Plan Page 2/40
Exhibit I -Review Criteria and Staff Findings
The intent of the Transportation section states:
• "The community seeks to provide a balanced, integrated transportation system for
residents, visitors, and commuters that reduced congestion and air pollution.
Walking, Bicycling and transit use is promoted to help us reach that goal. " The
proposed development promotes the use of transit and a pedestrian friendly lifestyle.
The development is within walking distance to the center of town, shopping,
recreation, and regional transit. Deane Street is proposed to be enhanced as a
pedestrian friendly connection to other lodging and the Gondola Plaza. The existing
pedestrian experience along South Aspen Street is poor and this development will
improve the situation by providing sidewalks, landscape improvements, interesting
architecture and pedestrian-oriented commercial space. Staff finds the proposal
meets the intent of the Transportation section in the AACP.
Housing
The community goals listed in the AACP include:
• "Encourage development to occur within the Aspen Community Growth Boundary
and emphasize `good city form'. " The project is within the Aspen Growth Boundary
and within the Aspen infill area. The development also promotes "good city form"
by focusing development within areas already served with infrastructure. By
providing additional lodging at the base of Aspen Mountain more visitors can be
within walking distance of downtown Aspen, thereby minimizing the resort-wide
reliance on the automobile. Staff finds the proposal meets this goal of the AACP.
• "The public and private sectors should work together to ensure success in providing
affordable housing. "And "Encourage greater participation by the private sector in
developing affordable housing. " The project includes affordable housing on-site
with the provision of dormitory style housing and for-sale units. The project also
provides housing through a partnership with the City for the development of
Burlingame Ranch (or a similar public project). This partnership is advantageous in
that it advances the development of an already planned project for which the City
may not otherwise develop in the near term due to lack on funding. The project is
providing 75% mitigation where 60% is required, exceeding the affordable housing
expectations of development. The project is also contemplating the ability to achieve
100% mitigation through the implementation of a real estate transfer tax. Staff find
the proposal meets these two AACP goals.
• "New affordable housing projects should reinforce and enhance a healthy social
balance for our community and enhance the character and charm of Aspen. " The
proposal provide short-term rental housing for lodge employees, a critical need in the
community. The project also provides for-sale community housing in a manner that
relates well to existing for-sale neighborhood housing, also a critical need in the
community. Staff finds the subdivision meets this goal of the AACP.
Economic Sustainability
The intent of the Economic Sustainability section includes:
• "Maintain a healthy, vibrant and diversified year-round economy that supports the
Aspen area community... " The proposal includes much need lodging at the base of
Lift One Neighborhood Master Plan Page 3/40
Exhibit I -Review Criteria and Staff Findings
Aspen Mountain. This project will partially make up for the dramatic loss in bed
base that the community has experienced over the past 10 years and will help sustain
Aspen's resort and year-round local community. The significant provision of
affordable housing will help sustain the social infrastructure of Aspen as well as
local businesses. Staff finds the project meets the intent of this section of the
AACP.
• "Enhance the wealth-generating capacity of the local economy while minimizing the
rate at which cash flows through the local economy and limiting the expansion of the
physical size of the community. " The project occurs within the Aspen Growth
Boundary and attempt to maintain the region's bed base and tax generating
commercial uses within the City limits. The development will increase the local
economy's wealth-generating capacity by providing commercial and lodging uses
within the existing footprint of the community. The project also houses anon-profit
(the ski museum), a significant amount of affordable housing, and a commercial
space expected to be popular with locals. The project does not increase the physical
size of the community. Staff finds the proposal meets the intent of this section of the
AACP.
Parks, Open Space, & the Environment
• "Seek opportunities to discourage sprawl in order to preserve open spaces between
communities. Encourage infill projects that integrate more housing into the existing
urban fabric." The development enhances access to Aspen Mountain, the
community's primary recreation facility, and provides functional open space within
the project. The project discourages sprawl by effectively utilizing land within the
existing footprint of the community to achieve community goals for lodging,
affordable housing, recreation, historic preservation, mountain access, and
community commercial space in a manner that visually enhances the neighborhood.
Staff finds the proposal meets this section of the AACP.
Design Quality
The intent of the Design Quality section includes:
• "Ensure the character of the built environment in Aspen is .maintained through
public outreach and education about design quality, historical context, and the
influence of existing built and natural environments. " This project addresses this
goal by providing a home for a skiing museum. This idea has been on the "drawing
board" for many years as a way to sustain understanding of the community's skiing
heritage. Chalet architecture was prevalent in Aspen during the early years of skiing
in North America and a historic chalet building is being restored to house museum,
which compliments the skiing theme of the museum. Staff finds the proposal meets
the goals and intent of this section of the AACP.
The community goals listed in the AACP includes:
• "Retain and encourage an eclectic mix of design styles to maintain and enhance the
special character to Aspen. " The proposal integrates a traditional chalet style of
architecture with the skiing museum and the former Chalet Steakhouse. The
proposal also uses lodging architecture from the National Park System's tradition of
Lift One Neighborhood Master Plan Page 4/40
Exhibit I -Review Criteria and Staff Findings
incorporating guest stays in the Parks. The development itself represents a high
quality design that will work with and enhance Aspen's unique character. The
buildings mass is broken up through facade fenestration and the use of different
materials, which helps it relate to Aspen's historic development pattern. Staff finds
the proposal meets the goals and intent of this section of the AACP.
2. The proposed development shall be consistent with the character of existing land
uses in the surrounding area.
STAFF FINDING: DOES IT COMPLY? YES.
The existing character of the surrounding area is a mix of short-term lodging, full-time
free-market housing, full-time affordable housing, part-time free-market housing,
recreational facilities, and ski lift operations. While there has been some recent new
development in the vicinity, the South Aspen Street area has not seen significant
reinvestment. The proposal provides the same mix of uses with the addition of a non-
profit operation of the ski museum. Staff believes the addition of the ski museum is
consistent with the neighborhood as Lift 1 is the birthplace of skiing in Aspen and a
museum celebrating skiing fits with this theme. In addition, the museum at this location
was the subject of a successful public vote in 1991 indicating public acceptance of the
concept.
The proposed buildings are generally consistent in mass, scale, and height with the St.
Regis Hotel, the Grand Hyatt, the Residences at Little Nell, and the Little Nell Hotel -
all within the Aspen Mountain base area. Smaller buildings on-site are restorations of
existing buildings and are consistent with the existing character. Staff believes the
proposal meets this review criterion.
3. The proposed development shall not adversely affect the future development of
the surrounding area.
STAFF FINDING: I DOES IT COMPLY? YES
Staff believes that this development will not adversely affect the future development of
the area and will actually enhance the opportunities for redevelopment by dramatically
improving the appearance and vitality of this area of town. Additionally, the Project will
upgrade wet and dry utilities throughout the development allowing for easier connection
by future users. The Project is proposing to improve the storm water mediation that
presently is unchecked on South Aspen Street which will improve the area and will
remove a burden to the neighborhood that presently exists. The Project will also create
an improved open space through the connection of Lift One and Willoughby parks as
well as a destination as a more active portal to Aspen Mountain and more vibrant
location in town through improved ski services as well as bars and restaurants. Staff
believes this proposal meets this criterion.
4. The proposed development has either been granted GMQS allotments, is exempt
from GMQS, or GMQS allotments are available to accommodate the proposed
Lift One Neighborhood Master Plan Page 5/40
Exhibit I -Review Criteria and Staff Findings
development and will be considered prior to, or in combination with, final PUD
development plan review.
STAFF FINDING: DOES IT COMPLY? YES
The proposal requires allotments for lodging, affordable housing, and commercial space.
The free-market housing within the project uses redevelopment credits from demolished
buildings within the project site. All the requests "fit" within annual limitations accept
for the lodging component of 474 pillow where 112 is the annual limit. The proposal
requires multi-year allotments for the lodging component, which is covered in another
section. Staff supports the lodging request as the number of guest accommodation units
within Aspen have been declining for the past few years and there's no practical way to
develop the lodging component in a phased manner. If all of the requested growth
mana ement actions area roved, this criterion is met.
B. Establishment of Dimensional Requirements:
The PUD development plans shall establish the dimensional requirements for all
properties within the PUD. The dimensional requirements of the underlying zone
district shall be used as a guide in determining the appropriate dimensions for the
PUD. Staff finds the dimension requests to be acceptable to achieve multiple goals of
the community.
1. The proposed dimensional requirements for the subject property are appropriate
and compatible with the following influences on the property:
a) The character of, and compatibility with, existing and expected future land
uses in the surrounding area.
b) Natural or man-made hazards.
c) Existing natural characteristics of the property and surrounding area such as
steep slopes, waterways, shade, and significant vegetation and landforms.
d) Existing and proposed man-made characteristics of the property and the
surrounding area such as noise, traffic, transit, pedestrian circulation,
parking, and historical resources.
STAFF FINDING: DOES IT COMPLY? YES
Lift One Neighborhood Master Plan Page 6/40
Exhibit I -Review Criteria and Staff Findings
Generally, Staff finds that the proposed dimensional standards are appropriate for the
site for the above characteristics, as follows:
a.) See discussion from 1.A. above; b.) The project's massing responds the slopes of the
site by stepping the massing and placing larger portions of the buildings against the more
steeply sloped area so as to minimize the visual effects. Total aggregate floor area ration
for the site is roughly 1:1, which is far less than is allowed in the Lodge zone district.
c.) Most of the proposed building sites within the master plan area have already been
impacted by existing buildings or parking lots, so Staff does not find that there will be
any additional significant impacts to existing natural characteristics; d.) Any
development on this property would likely increase the above impacts; however, Staff is
comfortable that all of these impacts are adequately mitigated. Noise is regulated by city
ordinance; trips will increase by approximately 1,200 trips per day which is well within
the existing road capacity. Many visitors will arrive to town by airplane and be brought
to the lodges by shuttle where the convenient location will allow walking to downtown
and to the ski area; if guests do drive, all parking is internal to the site and underground;
regarding impacts to historical resources, the Skiers Chalet Steakhouse is listed as an
historic property is proposed for rehabilitation with HPC approvals. The Skier's Chalet
Lodge is an "ordinance 48" building and is proposed to be relocated and rehabilitated as
a ski museum.
2. The proposed dimensional requirements permit a scale, massing, and quantity of
open space and site coverage appropriate and favorable to the character of the
proposed PUD and of the surrounding area.
STAFF FINDING: DOES IT COMPLY? YES.
Staff does believe that the scale and massing of the proposed lodge is generally
consistent with that of the other larger hotels (St. Regis, Grand Hyatt, Little Nell) that
are located on the south side of Durant Avenue. Staff finds this criterion to be met.
3. The appropriate number of off-street parking spaces shall be established based on
the following considerations:
a) The probable number of cars used by those using the proposed
development including any non-residential land uses.
b) The varying time periods of use, whenever joint use of common parking is
proposed.
c) The availability of public transit and other transportation facilities,
including those for pedestrian access and/or the commitment to utilize
automobile disincentive techniques in the proposed development.
d) The proximity of the proposed development to the commercial core and
general activity centers in the city.
Lift One Neighborhood Master Plan Page 7/40
Exhibit I -Review Criteria and Staff Findings
STAFF FINDING: I DOES IT COMPLY? I YES
Staff finds the proposed parking amount to be adequate to serve the needs of the
development. The proposal satisfies the underlying zone district's parking requirements
and actually provides additional parking spaces that are to be for additional guests, day
skiers, public paid parking, and for the area's residents. Given the proximity of the site
to the commercial .core, the ski area and transit connections and considering that the
majority of guests of facilities such as this arrive without a car, Staff believes that the
parking will. be more than sufficient to meet the demand. Staff finds the proposal meets
this review criterion.
4. The maximum allowable density within a PUD may be reduced if there exists
insufficient infrastructure capabilities. Specifically, the maximum density of a
PUD may be reduced if:
a) There is ~ not sufficient water pressure, drainage capabilities, or other
utilities to service the proposed development.
b) There are not adequate roads to ensure fire protection, snow removal, and
road maintenance to the proposed development.
STAFF FINDING: DOES IT COMPLY? YES
Adequate public facilities either already exist or will be upgraded at the owner's sole
expense in order to meet the expected demand. While South Aspen Street is a steeply
pitched street with potential wintertime dangers, the City Engineer and the Fire Marshall
are confident that there will be adequate access to serve this project and for fire
protection if South Aspen Street is reconstructed and snowmelted. To enhance fire
protection, the structures will contain complete fire sprinkler systems. Staff believes
that no density reductions are necessary.
5. The maximum allowable density within a PUD may be reduced if there exists
natural hazards or critical natural site features. Specifically, the maximum
density of a PUD may be reduced if:
a) The land is not suitable for the proposed development because of ground
instability or the possibility of mud flow, rock falls or avalanche dangers.
b) The effects of the proposed development are detrimental to the natural
watershed, due to runoff, drainage, soil erosion, and consequent water
pollution.
c) The proposed development will have a pernicious effect on air quality in
the surrounding area and the City.
d) The design and location of any proposed structure, road, driveway, or trail
in the proposed development is not compatible with the terrain or causes
harmful disturbance to critical natural features of the site.
Lift One Neighborhood Master Plan Page 8/40
Exhibit I -Review Criteria and Staff Findings
STAFF FINDING: I DOES IT COMPLY? YES
Staff believes the site is suitable for development. Improvements the area's drainage are
necessary and are part of the development proposal. The drainage plan will be required
to be recorded as part of the Subdivision and PUD Plans. Measures have been taken to
monitor the slope stability of the area with no significant movement detected to date.
Ongoing monitoring during construction will be necessary. .Staff believes that the
proposal satisfies this criterion with the conditions of approval that are proposed in the
ordinance.
6. The maximum allowable density within a PUD may be increased if there exists
a significant community goal to be achieved through such increase and the
development pattern is compatible with its surrounding development patterns
and with the site's physical constraints. Specifically, the maximum density of a
PUD may be increased i£
a) The increase in density serves one or more goals of the community as
expressed in the Aspen Area Community Plan (AACP) or a specific area
plan to which the property is subject.
b) The site's physical capabilities can accommodate additional density and
there exists no negative physical characteristics of the site, as identified in
subparagraphs 4 and 5, above, those areas can be avoided, or those
characteristics mitigated.
c) The increase in maximum density results in a development pattern
compatible with, and complimentary to, the surrounding existing and
expected development pattern, land uses, and characteristics.
STAFF FINDING: DOES IT COMPLY? YES
While the proposal does serve more than one goal of the AACP -specifically affordable
housing, economic diversity, historic preservation, and open space and recreation goals,
no increase in the amount of density is proposed. Staff finds this criterion met.
C. Site Design.
The purpose of this standard is to ensure the PUD enhances public spaces, is
complimentary to the site's natural and man-made features and the adjacent public
spaces, and ensures the public's health and safety. The proposed development shall
comply with the following:
1. Existing natural or man-made features of the site which are unique, provide
visual interest or a specific reference to the past, or contribute to the identity of the
town are preserved or enhanced in an appropriate manner.
Lift One Neighborhood Master Plan Page 9/40
Exhibit I -Review Criteria and Staff Findings
STAFF FINDING: I DOES IT COMPLY? YES
The site is located at the base of Shadow Mountain, but is not proposing to impact the
mountainside in any significant way. There are unique old ski lift apparatus and these
are proposed for preservation. Staff feels that the redevelopment of the subject site with
hotel rooms, restaurants, bars, and the upgrading of the ski lift and ski base facilities will
be an enhancement to the overall neighborhood, including to the business of the existing
lodges. Staff finds this criterion met.
2. Structures have been clustered to appropriately preserve significant open spaces
and vistas.
STAFF FINDING: I DOES IT COMPLY? I YES
The structures on the site have. been planned and organized around open space,
significant vistas, and the "ski-back" corridor. This allows for a new ski lift along the
previous lift one alignment and provides a significant public benefit and benefit to
surrounding properties. The site planning for the ski museum and Skier's Chalet
Steakhouse purposefully allow for event space for formal or informal gatherings, people
watching, and passive and active recreation. Staff finds this criterion met.
3. Structures are appropriately oriented to public streets, contribute to the urban or
rural context where appropriate, and provide visual interest and engagement of
vehicular and pedestrian movement.
STAFF FINDING: DOES IT COMPLY? YES.
The structures are oriented to public streets, the ski corridor, the base of Lift 1 A, or to
small outdoor gathering or restaurant seating areas. There are multiple points to engage
pedestrians, skiers, and provide for interesting streetscapes. The buildings include
orientation to the sidewalk and the street providing a nice edge to and engagement of the
street. The plan also includes several courtyards in the design to help blend the private
and public realms to create a better pedestrian relationship between the building and
South Aspen Street. Staff finds this criterion met.
4. Buildings and access ways are appropriately arranged to allow emergency and
service vehicle access.
STAFF FINDING: I DOES IT COMPLY? YES
The structures have been sited and designed with adequate fire and emergency access as
a guiding parameter. All structures will be fire sprinkled for further safety. Service
vehicles will access the structures via underground parking accessed from South Aspen
Street, so that they do not have to negotiate the steeper part of South Aspen Street. The
underground access will serve both lodges, further reducing the impacts associated with
service truck deliveries. Staff finds this criterion met.
5. Adequate pedestrian and handicapped access is provided
Lift One Neighborhood Master Plan Page 10/40
Exhibit I -Review Criteria and Staff Findings
STAFF FINDING: I DOES IT COMPLY? I YES
The project complies with all applicable regulatory requirements related to accessibility.
Adequate pedestrian access is being provided with the addition of detached sidewalks
along all streets that the property fronts. This should greatly increase the safety of
pedestrians in the area who currently walk in the street. Access to the snow surface is
provide through an elevator at the top of South Aspen Street. Staff finds this criterion
met.
6. Site drainage is accommodated for the proposed development in a practical and
reasonable manner and shall not negatively impact surrounding properties.
STAFF FINDING: I DOES IT COMPLY? YES
Site drainage from the properties will be handled by directing drainage into an extension
of the existing storm drain facilities located in Durant Avenue and to the City's storm
drainage system. The project will also handle drainage through a system of wetland
settling areas along the east side of South Aspen Street. This will accommodate the
City's desire to minimize sedimentation-laden drainage from leaving the site and
significantly improve the existing condition which allows sediment-laden surface
drainage from the mountainside to sheet drain across the road and into the downtown.
Staff finds this criterion .met.
7. For non-residential land uses, spaces between buildings are appropriately
designed to accommodate any programmatic functions associated with the use.
STAFF FINDING: I DOES IT COMPLY? I YES
The plan. allows for outdoor gathering for restaurant seating in several locations. The
entrances to the lodges are well designed and allow for off-street loading/unloading as
well as valet service. The ski museum incorporates an outdoor space which can be used
for programmed events or informal gathering. Two apras ski locations -one at the top
of the project near the base of Lift lA and one at the Skier's Chalet Steakhouse near the
base of new Lift 1 -should prove to be energized pedestrian areas. Staff finds this
criterion met.
D. Landsca ep Plan.
The purpose of this standard is to ensure compatibility of the proposed landscape with
the visual character of the city, with surrounding parcels, and with existing and
proposed features of the subject property. The proposed development shall comply
with the following:
1. The landscape plan exhibits a well designated treatment of exterior spaces,
preserves existing significant vegetation, and provides an ample quantity and
variety of ornamental plant species suitable for the Aspen area climate.
2. Significant existing natural and man-made site features, which provide
uniqueness and interest in the landscape, are preserved or enhanced in an
appropriate manner.
Lift One Neighborhood Master Plan Page 11/40
Exhibit I -Review Criteria and Staff Findings
3. The proposed method of protecting existing vegetation and other landscape
features is appropriate.
STAFF FINDING: DOES IT COMPLY? YES
The proposed lodges will be extensively landscaped with vegetation appropriate to the
climate. Multiple trees will need to be removed to allow for return skiing to the base of
the new lift 1 and the City's Parks Department will accept mitigation for the removal of
these trees. Staff finds this criterion met.
E. Architectural Character.
It is the purpose of this standard to encourage architectural interest, variety, character,
and visual identity in the proposed development and within the City while promoting
efficient use of resources. Architectural character is based upon the suitability of a
building for its purposes, legibility of the building's use, the building's proposed
massing, proportion, scale, orientation to public spaces and other buildings, use of
materials, and other attributes which may significantly represent the character of the
proposed development. There shall be approved as part of the final development plan
an architectural character plan, which adequately depicts the character of the proposed
development. The proposed architecture of the development shall:
1. Be compatible with or enhance the visual character of the city, appropriately relate
to existing and proposed architecture of the property, represent a character suitable
for, and indicative of, the intended use, and respect the scale and massing of
nearby historical and cultural resources.
2. Incorporate, to the extent practical, natural heating and cooling by taking
advantage of the property's solar access, shade, and vegetation and by use of non-
or less-intensive mechanical systems.
3. Accommodate the storage and shedding of snow, ice, and water in a safe and
appropriate manner that does not require significant maintenance.
STAFF FINDING: I DOES IT COMPLY? I YES.
Staff finds that the proposed architectural character will be an enhancement to the visual
character of the neighborhood by dramatically updating the design quality and is an
appropriate style given the climate and the resort nature of the community. The design
clearly represents the lodge use. Furthermore, Staff believes that the proposed
architecture and site planning significantly mitigates the overall scale of the
development. Snow fences will be added to roof areas over pedestrian and landscaped
areas to protect them from snow and ice fall. Snow storage areas will need to be
diagrammed on the final PUD plan. Staff finds this criterion met.
F. Li htin .
The purpose of this standard to ensure the exterior of the development will be lighted
in an appropriate manner considering both public safety and general aesthetic
concerns. The following standards shall be accomplished:
Lift One Neighborhood Master Plan Page 12/40
Exhibit I -Review Criteria and Staff Findings
1. All lighting is proposed so as to prevent direct glare or hazardous interference of
any kind to adjoining streets or lands. Lighting of site features, structures, and
access ways is proposed in an appropriate manner.
2. All exterior lighting shall be in compliance with the Outdoor Lighting Standards
unless otherwise approved and noted in the final PUD documents. Up-lighting of
site features, buildings, landscape elements, and lighting to call inordinate
attention to the property is prohibited for residential development.
STAFF FINDING: DOES IT COMPLY? _ YES
All outdoor lighting will be in compliance with the adopted lighting standards and
designed to minimize adverse impacts on neighboring properties and public streets.
Additionally, lighting will not illuminate the structures, only areas of pedestrian and
vehicular access. The details of the specific lighting fixtures and wattage will need to be
reviewed at the time of building permit review. Staff finds this criterion met.
G. Common Park, Open Space, or Recreation Area.
If the proposed development includes a common park, open space, or recreation area
for the mutual benefit of all development in the proposed PUD, the following criteria
shall be met:
1. The proposed amount, location, and design of the common park, open space, or
recreation area enhances the character of the proposed development, considering
existing and proposed structures and natural landscape features of the property,
provides visual relief to the property's built form, and is available to the mutual
benefit of the various land uses and property users of the PUD.
2. A proportionate, undivided interest in all common park and recreation areas is
deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner
within the PUD or ownership is proposed in a similar manner.
3. There is proposed an adequate assurance through a legal instrument for the
permanent care and maintenance of open spaces, recreation areas, and shared
facilities together with a deed restriction against future residential, commercial, or
industrial development.
STAFF FINDING: DOES IT COMPLY? YES.
Willoughby Park and Lift One Park are already owned by the City. A portion of Lot # 1
-Lift One Lodge - is proposed as a public ski and pedestrian easement, more than
meeting this standard. A portion of Lot #5 -Lodge at Aspen Mountain -that has been
proposed as a pocket park will need to accommodate a public use easement to allow
neighbors to use the park including Juan Street, Trainor's Landing, and Deane Street
affordable housing projects. Staff has proposed a condition of approval and assuming
the ordinance is adopted with this provision, staff believes this criterion met.
H. Utilities and Public facilities.
The purpose of this standard is to ensure the development does not impose an undue
burden on the City's infrastructure capabilities and that the public does not incur an
Lift One Neighborhood Master Plan Page 13/40
Exhibit I -Review Criteria and Staff Findings
unjustified financial burden. The proposed utilities and public facilities associated
with the development shall comply with the following:
1. Adequate public infrastructure facilities exist to accommodate the development.
2. Adverse impacts on public infrastructure by the development will be mitigated by
the necessary improvements at the sole cost of the developer.
3. Oversized utilities, public facilities, or site improvements are provided
appropriately and where the developer is reimbursed proportionately for the
additional improvement.
STAFF FINDING: DOES IT COMPLY? YES
Public infrastructure exists in the area and with improvements made to the infrastructure
by the developers, adequate facilities are available to accommodate the development.
Staff finds this criterion met.
I. Access and Circulation.
The purpose of this standard is to ensure the development is easily accessible, does
not unduly burden the surrounding road network, provides adequate pedestrian and
recreational trail facilities and minimizes the use of security gates. The proposed
access and circulation of the development shall meet the following criteria:
1. Each lot, structure, or other land use within the PUD has adequate access to a
public street either directly or through an approved private road, a pedestrian way,
or other area dedicated to public or private use.
STAFF FINDING: DOES IT COMPLY? YES
All structures and all of the units and associated uses have access from entry drives or
through pedestrian ways. Staff finds this criterion met.
2. The proposed development, vehicular access points, and parking arrangement do
not create traffic congestion on the roads surrounding the proposed development,
or such surrounding roads are proposed to be improved to accommodate the
development.
STAFF FINDING: I DOES IT COMPLY? YES
The Applicant had a transportation study completed for this application. The study
indicates that the area's streets and intersections are currently operating below capacity
and will continue to do so even after the lodges have been built and are open for
business. All parking will be below the buildings. In addition, South Aspen Street.will
be reconstructed and snowmelted to make it safer for the increased traffic volumes that
would result from the proposed lodges. Staff finds this criterion met.
3. Areas of historic pedestrian or recreational trail use, improvements of, or
connections to, the bicycle and pedestrian trail system, and adequate access to
significant public lands and the rivers are provided through dedicated public trail
easements and are proposed for appropriate improvements and maintenance.
Lift One Neighborhood Master Plan Page 14/40
Exhibit I -Review Criteria and Staff Findings
4. The recommendations of the Aspen Area Community Plan and adopted specific
plans regarding recreational trails, pedestrian and bicycle paths, and transportation
are proposed to be implemented in an appropriate manner.
5. Streets in the PUD which are proposed or recommended to be retained under
private ownership provide appropriate dedication to public use to ensure
appropriate public and emergency access.
6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots
within the PUD, are minimized to the extent practical.
STAFF FINDING: I DOES IT COMPLY? YES
There are no historic trails through the. subject property which would require dedication
or improvement and the AACP does not recommend any additional trails on the
property. South Aspen will be relocated and rededicated as a public street.. Juan Street
will be vacated and an emergency and pedestrian easement will provide access. No
security gates, guard posts are proposed. Staff finds these criteria met.
J. Phasing of Development Plan. (Note: this criteria does not apply to Conceptual PUD
applications) The purpose of this criteria is to ensure partially. completed projects do
not create an unnecessary burden on the public or surrounding property owners and
impacts of an individual phase are mitigated adequately. If phasing of the
development plan is proposed, each phase shall be defined in the adopted final PUD
development plan. The phasing plan shall comply with the following:
1. All phases, including the initial phase, shall be designed to function as a complete
development and shall not be reliant on subsequent phases.
2. The phasing plan describes physical areas insulating, to the extent practical,
occupants of initial phases from the construction of later phases.
3. The proposed phasing plan ensures the necessary or proportionate improvements
to public facilities, payment of impact fees and fees-in-lieu, construction of any
facilities to be used jointly by residents of the PUD, construction of any required
affordable housing, and any mitigation measures are realized concurrent or prior
to the respective impacts associated with the phase.
STAFF FINDING: DOES IT COMPLY? YES.
No phasing of construction is anticipated at this time. The ordinance proposes the ability
for one of the two lodge projects to proceed independently, with appropriate
apportionment of infrastructure and other common costs. Staff finds this criterion met.
Lift One Neighborhood Master Plan Page 15/40
Exhibit I -Review Criteria and Staff Findings
LIFT ONE NEIGHBORHOOD MASTER PLAN
EXHIBIT I
STAFF FINDINGS: TIMESHARE LODGE DEVELOPMENT
An applicant for timeshare lodge development shall demonstrate compliance with each of
the following standards, as applicable to the proposed development. These standards are in
addition to those standards applicable to the review of the PUD and Subdivision
applications.
A. Fiscal Impact Analysis and Miti ag tion. Any applicant proposing to convert an existing
lodge to a timeshare lodge development shall be required to demonstrate that the
proposed conversion will not have a negative tax consequence for the City. In order
to demonstrate the tax consequences of the proposed conversion, the applicant shall
prepare a detailed fiscal impact study as part of the final PUD application. The fiscal
impact study shall contain at least the following comparisons between the existing
lodge operation and the proposed timeshare lodge development:
1. A summary of the sales taxes paid to the City for rental of lodge rooms during the
prior five years of its operation. If the lodge has stopped renting rooms prior to
the time of submission of the application, then the summary shall reflect the final
five years the lodge was in operation. The summary of past taxes paid shall be
compared. to a projection of the sales taxes the proposed timeshare lodge
development will pay to the City over the first five years of its operation. As part
of this projection, the applicant shall specify the number of nights the applicant
anticipates each timeshare lodge unit will be available for daily rental to visitors
(that is, the annual number of nights when the unit will not be occupied by the
owner or the owner's guests), the expected visitor occupancy rate for these units,
the expected average daily cost to rent the unit, and the resulting amount of sales
tax that will be paid to the City.
2. An estimation of the real estate transfer taxes that would be paid to the City if the
existing lodge were to be sold. If an actual sale of the property has occurred within
the last 12 months, then the real estate taxes paid for that sale shall be used. This
estimation shall be compared to a projection of the real estate transfer taxes the
proposed timeshare lodge development will pay to the City over the first five years
of its operation. This projection shall .include a statement of the expected sales
prices for the timeshare estates, and the applicable tax rate that will be applied to
each sale.
3. A summary of the City-portion of the property taxes paid for the lodge for the
prior five years of its operation, and a projection of the property taxes the
proposed timeshare lodge development will pay to the City over the first five
years of its operation. This projection shall include a statement of the expected
value that will be assigned to the property by the Tax Assessor, and the applicable
tax rate.
Lift One Neighborhood Master Plan Page 16/40
Exhibit I -Review Criteria and Staff Findings
The fiscal impact study may also contain such other information that the applicant
believes is relevant to understanding the tax consequences of the proposed
development. For example, the applicant may provide information demonstrating
there will be "secondary", or "indirect" tax benefits to the City from the
occupancy of the timeshare units, in terms of increased retail sales and other
economic activity in the community as compared to the existing lodge
development. The applicant shall be expected to prove definitively why the
timeshare units would cause such economic advantages that would not be
achieved by a traditional lodge development. Any such additional information
provided shall compare the taxes paid during the prior five years of the lodge's
operation to the first five years of the proposed timeshare lodge's operation.
If the fiscal impact study demonstrates there will be an annual tax loss to the City
from the conversion of an existing lodge to a timeshare lodge, then the applicant
shall be required to propose a mitigation program that resolves the problem, to the
satisfaction of the Aspen City Council. The accepted mitigation program shall be
documented in the PUD Agreement for the project that is entered into between the
applicant and the Aspen City Council.
STAFF FINDING: I DOES IT COMPLY? I NOT APPLICABLE
The proposal does not include any conversion of an existing lodge into a timeshare
lodge development. The redevelopment contemplates development of entirely new
lodge buildings and the former lodging buildings on the site are intended to be relocated
and used as a ski museum and a commercial and affordable housing mixed-use building.
These properties are not in current lodging use. The Holland House has been demolished
and the Skier's Chalet buildings are not being used for nightly rentals. Staff believes
that this criterion only applies to the conversion of existing properties from traditional
lodging operations to fractional ownership. In this case, all new buildings are being
B. Up rading of Existing Projects. Any existing project that is proposed to be converted to
a timeshare lodge development shall be physically upgraded and modernized. The
extent of the upgrading that is to be accomplished shall be determined as part of the
PUD review, considering the condition of the existing facilities, with the intent being to
make the development compatible in character with surrounding properties and to
extend the useful life of the building.
1. To the extent that it would be practical and reasonable, existing structures shall be
brought into compliance with the City's adopted fire, health, and building codes.
2. No sale of any interest in a timeshare lodge development shall be closed until a
certificate of occupancy has been issued for the upgrading.
Lift One Neighborhood Master Plan Page 17/40
Exhibit I -Review Criteria and Staff Findings
STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE
The Applicant is proposing an entirely new project - not a conversion of an existing
project to a timeshare lodge development. The new development shall be required to
meet the City's adopted fire, health, and building codes and compliance will be checked
at the time of building permit review.
C. Preservation of Existing Lodging Inventory. An express purpose of these regulations is
to preserve and enhance Aspen's existing lodging inventory. Therefore, any proposal to
convert an existing lodge or other property that provides short term accommodations to
a timeshare lodge should, at a minimum, replace the existing number of units on the
property in the planned timeshare lodge. If the applicant is unable to replace the
existing number of units, then the timeshare lodge development shall replace the
existing number of bedrooms on the property, or the applicant shall demonstrate how
the proposal complies with the purposes of these regulations, even though the planned
timeshare lodge will not replace either the existing number of units or bedrooms.
STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE
The Applicant is proposing an entirely new project - not a conversion of an existing
project to a timeshare lodge development. The project does, however, propose to add
additional beds and rooms which will add to the City's lodging stock.
D. Affordable Housing Requirements.
1. Whenever a timeshare lodge development is required to provide affordable housing,
mitigation for the development shall be calculated by applying the standards of the
City's housing designee for lodge uses. The affordable housing requirement shall be
calculated based on the maximum number of proposed lock out rooms in the
development, and shall also take into account any retail, restaurant, conference, or
other functions proposed in the lodge.
STAFF FINDING: DOES IT COMPLY? YES
The Applicant has proposed to exceed the employee housing mitigation requirements
through a mix of on-site, off-site housing in the City limits, and off-site housing within
the UGB. If the method of mitigation is accepted by City Council, this criterion is met.
2. The conversion of any multi-family dwelling unit that meets the definition of
residential multi-family housing to timesharing shall comply with the provisions of
Chapter 26.530, Resident Multi-Family Replacement Program, even when there is
no demolition of the existing multi-family dwelling unit.
STAFF FINDING: I DOES IT COMPLY? I YES
The Applicant commits to complying with the requirements of the City's housing
replacement program. The rmf units have been demolished. Staff finds that the
Applicant's proposed method of satisfying the Resident Multi-family Replacement
Program is in compliance with the code requirements.
Lift One Neighborhood Master Plan Page 18/40
Exhibit I -Review Criteria and Staff Findings
E. Parkin Re uirements.
1. The parking requirement for timeshare lodge development shall be calculated by
applying the parking standard for the underlying zone district for lodge uses. The
parking requirement shall be calculated based on the maximum number of proposed
lock out rooms in the development.
STAFF FINDING: DOES IT COMPLY? YES
The project provides the required amount of parking spaces for the number of lodge
units proposed (1 space per unit).
2. The timeshare lodge development shall also provide an appropriate level of guest
transportation services, such as vans or other shuttle vehicles, to offer an alternative
to having owners and guests using their own vehicles in Aspen.
3. The owner of a timeshare estate shall be prohibited from storing a vehicle in a
parking space on-site when the owner is not using that estate.
STAFF FINDING: DOES IT COMPLY? YES
The PUD Agreement and the timeshare instruments will prohibit the owners from
storing vehicles on site when not in-residence. The PUD Agreement will also require
the service of a shuttle for the benefit of guests and owners.
F. Appropriateness of Marketing and Sales Practices. The marketing and sale of timeshare
estates shall be governed by the real estate laws set forth in Title 12, Article 61, C.R.S.,
as may be amended from time to time. The applicant and licensed marketing entity
shall present to the City a plan for marketing the timeshare development.
1. The following marketing and sales practices for a timeshare development shall not
be permitted:
a. The solicitation of prospective purchasers of timeshare units on any street,
mall, or other public property or facility; and
b. Any unethical sales and marketing practices which would tend to mislead
potential purchasers.
2. Giving of gifts to encourage potential purchasers to attend a sales presentation or to
visit a timeshare development is permitted, provided the gift reflects the local Aspen
economy. For example, gifts for travel to or accommodations in Aspen, restaurants
in Aspen, and local attractions (ski passes, concert tickets, rafting trips, etc.) are
permitted. Gifts that have no relationship to the local Aspen economy are not
permitted. The following gifts are also not permitted:
a. Any gift for which an accurate description is not given;
Lift One Neighborhood Master Plan Page 19/40
Exhibit I -Review Criteria and Staff Findings
b. Any gift package for which notice is not given to the prospective purchaser that
the purchaser will be required to attend a sales presentation as a condition of
receiving the gifts; and
c. Any gift package for which the printed announcement of the requirement to
attend a sales presentation is in smaller type face than the information on the gift
being offered.
STAFF FINDING: DOES IT COMPLY? YES
The Applicant has represented that they will incorporate all of the above requirements
into the PUD agreement and the timeshare instruments. Staff finds this criterion met.
G. Adequacy of Maintenance and Management Plan. The applicant shall provide
documentation and guarantees that the timeshare lodge development will be
appropriately managed. and maintained in an manner that will be both stable and
continuous. This shall include an identification of when and how maintenance will be
provided, and shall also address the following requirements:
1. A fair procedure shall be established for the estate owners to review and approve
any fee increases which may be made throughout the life of the timeshare
development, to provide assurance and protection to timeshare owners that
management/assessment fees will be applied and used appropriately.
2. The applicant shall also demonstrate that there will be a reserve fund to ensure that
the proposed timeshare development will be properly maintained throughout its
lifetime.
STAFF FINDING: DOES IT COMPLY? YES
The Applicant has represented that the above requirements (1 and 2) will be
incorporated in the development agreement and timeshare instruments to be filed. Staff
finds this criterion met.
H. Compliance with State Statutes. The applicant shall demonstrate that the proposed
timeshare lodge development will comply with all applicable requirements of Title 12,
Article 61, C.R.S.; Title 38, Article 33, C.R.S.; and Title 38, Article 33.3, C.R.S.;
including the requirements concerning the five (5) day period for rescission of a sales
contract, and the procedures for holding deposits or down payments in escrow.
STAFF FINDING: DOES IT COMPLY? YES
The Applicant has represented that the above requirements (1 and 2) will be
incorporated in the development agreement and timeshare instruments to be filed. Staff
finds this criterion met.
I. Approval By Condominium Owners. If the development that is proposed to be
timeshared is a condominium, the applicant shall submit written proof that the
condominium declaration allows timesharing, that one hundred (100) percent of the
Lift One Neighborhood Master Plan Page 20/40
Exhibit I -Review Criteria and Staff Findings
owners of the condominium units have approved the timeshare development, including
any improvements to the common elements that the applicant may propose, that all
mortgagees of the condominium have approved the proposed timeshare development,
and that all condominium units in the timeshare development will be included in the
same sales and marketing program.
STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE
This review standard does not apply to the proposed lodge, as a conversion of existing
condominiums to timeshare development is not proposed.
J. Prohibited Practices and Uses. Without in any way limiting any requirement contained
in this Chapter, it is unlawful for any person to knowingly engage in any of the
following practices:
1. The creation, operation or sale of a right-to-use interest or any other timeshare
concept which is not specifically allowed and approved pursuant to the requirements
of this section. Right-to-use timeshare concepts (e.g. lease-holds and vacation
clubs) are considered inappropriate in Aspen and are not permitted.
2. Misrepresentation of the facts contained in any application for timeshare approval,
timeshare development instruments, or disclosure statement.
3. Failure to comply with any representations contained in any application for
timesharing or misrepresenting the substance of any such application to another who
may be a prospective purchaser of a timeshare interest.
4. Manage, operate, use, offer for sale or sell a timeshare estate or interest therein in
violation of any requirement of this Chapter or any approval granted pursuant
hereto, or cause or aid and abet another to violate any requirement of this Chapter,
or an approval granted pursuant to this Chapter.
STAFF FINDING: DOES IT COMPLY? YES
The Applicant commits to not engaging in any marketing practices which are prohibited
above, or by local or State regulations. Staff finds this criterion met.
Lift One Neighborhood Master Plan Page 21/40
Exhibit I -Review Criteria and Staff Findings
LIFT ONE NEIGHBORHOOD MASTER PLAN
EXHIBIT I
STAFF FINDINGS: SUBDIVISION
Section 26.480 of the City Land Use Code provides that development applications for
Subdivision must comply with the following standards and requirements.
1. The proposed subdivision shall be consistent with the Aspen Area
Comprehensive Plan.
STAFF FINDING: DOES IT COMPLY? YES
Please see Staff's response to PUD Review Standard A(1).
2. The proposed subdivision shall be consistent with the character of existing
land uses in the area.
STAFF FINDING: DOES IT COMPLY? YES.
Please see Staff's response to PUD review standard A(2).
3. The proposed subdivision shall not adversely affect the future development of
surrounding areas.
STAFF FINDING: I DOES IT COMPLY? I YES
Staff believes that this development will not adversely affect the future development of
the area and will actually enhance the opportunities for redevelopment by dramatically
improving the appearance and vitality of this area of town. Additionally, the Project will
upgrade wet and dry utilities throughout the development allowing for easier connection
by future users. The Project is proposing to improve the storm water mitigation that
presently is unchecked on South Aspen Street which will improve the area and will
remove a burden to the neighborhood that presently exists. The Project will also create i
an improved open space through the connection of Lift One and Willoughby parks as
well as a destination as a more active portal to Aspen Mountain and more vibrant
location in town through improved ski services as well as bars and restaurants. Staff
believes this proposal meets this criterion.
4. The proposed subdivision shall be in compliance with all applicable
requirements of this Title.
STAFF FINDING: I DOES IT COMPLY? I YES
Staff believes that the proposed development is in conformance with all of the
provisions of the land use code if the dimensional requirements are approved through
the PUD and the proposed method of mitigating for affordable housing is accepted. Staff
believes this proposal meets this criterion.
Lift One Neighborhood Master Plan Page 22/40
Exhibit I -Review Criteria and Staff Findings
B. Suitability of Land for Subdivision
a. Land suitability. The proposed subdivision shall not be located on land
unsuitable for development because of flooding, drainage, rock or soil creep,
mudflow, rockslide, avalanche or snowslide, steep topography or any other
natural hazard or other condition that will be harmful to the health, safety, or
welfare of the residents in the proposed subdivision.
b. Spatial pattern efficient. The proposed subdivision shall not be designed to
create spatial patterns that cause inefficiencies, duplication or premature
extension of public facilities and unnecessary public costs.
STAFF FINDING: DOES IT COMPLY? YES
Staff believes the site is suitable for development. Improvements the area's drainage are
necessary and are part of the development proposal. The drainage plan will be required
to be recorded as part of the Subdivision and PUD Plans. Measures have been taken to
monitor the slope stability of the area with no significant movement detected to date.
Ongoing monitoring during construction will be necessary. Staff believes that the
proposal satisfies this criterion with the conditions of approval that are proposed in the
ordinance.
C. Improvements. The improvements set forth at Chapter 26.580 shall be provided
for the proposed subdivision. These standards may be varied by special review
(See, Chapter 26.430) if the following conditions have been met:
1. A unique situation exists for the development where strict adherence to the
subdivision design standards would result in incompatibility with the Aspen
Area Comprehensive Plan, the existing, neighboring development areas,
and/or the goals of the community.
2. The applicant shall specify each design standard variation requested and
provide justification for each variation request, providing design
recommendations by professional engineers as necessary.
STAFF FINDING: DOES IT COMPLY? YES
The Applicant is not requesting to vary the subdivision improvement standards.
D. Affordable housing. A subdivision which is comprised of replacement dwelling
units shall be required to provide affordable housing in compliance with the
requirements of Chapter 26.530, Replacement Housing Program. A subdivision
which is comprised of new dwelling units shall be required to provide affordable
housing in compliance with the requirements of Chapter 26.470, Growth
Management Quota System.
Lift One Neighborhood Master Plan Page 23/40
Exhibit I -Review Criteria and Staff Findings
STAFF FINDING: I DOES IT COMPLY? YES
The Project is proposing to mitigate 75% of the employees it generates per the code
calculation. This will be a mitigation for a total of 166.5 employees. This calculation
takes into account the credits that are existing from prior on site lodging and housing.
The requirements of the replacement program are being met.
E. School Land Dedication. Compliance with the School Land Dedication Standards
set forth at Chapter 26.630.
STAFF FINDING: DOES IT COMPLY? YES
The Applicant shall be required to pay the applicable school land dedication fee for the
residential units within the development. Staff has included a condition of approval that
requires the school land dedication fees be paid prior to building permit issuance.
F. Growth Management Approval. Subdivision approval may only be granted to
applications for which all growth management development allotments have been
granted or growth management exemptions have been obtained, pursuant to
Chapter 26.470. Subdivision approval may be granted to create a parcel(s) zoned
Affordable Housing Planned Unit Development (AH-PUD) without first obtaining
growth management approvals if the newly created parcel(s) is required to obtain
such growth management approvals prior to development through a legal
instrument acceptable to the City Attorney. (Ord. No. 44-2001, § 2)
STAFF FINDING: DOES IT COMPLY? YES
The Applicant has requested the necessary growth management approvals to construct
the proposed development. If these growth management requests are approved then the
subdivision can be approved by City Council.
Lift One Neighborhood Master Plan Page 24/40
Exhibit I -Review Criteria and Staff Findings
LIFT ONE NEIGHBORHOOD MASTER PLAN
EXHIBIT I
STAFF FINDINGS:
GM -COMMERCIAL
The expansion of an existing commercial, lodge, or mixed-use building or the
development of a new commercial, lodge, or mixed-use building shall be approved,
approved with conditions, or denied based on the following criteria:
a) Sufficient growth management allotments are available to accommodate the
expansion, pursuant to Section 26.470.030.D, Annual Development Allotments.
STAFF FINDING: I DOES IT COMPLY? YES
The free-market residential units within the development are to be constructed from
reconstruction credits gained from existing development rights associated with the
property. Some of the lodge rooms are also proposed to be developed from
reconstruction credits. The development rights for the lodge units not to be constructed
from reconstruction credits shall be obtained pursuant to the requirements of Land Use
Code Section 26.470.040(0)(2). The Applicant's compliance with the multi-year
allotment standards are addressed elsewhere in the Staff memorandum. If City Council
grants the multi-year allotments, this criterion is met.
b) The proposed development is consistent with the Aspen Area Community Plan.
STAFF FINDING: DOES IT COMPLY? YES
Please see Staff's response to PUD review standard A(1).
c) Sixty (60) percent of the employees generated by the additional commercial/lodge
development, according Section 26.470.OSO.A, Employee Generation Rates, are
mitigated through the provision of affordable housing or cash-in-lieu thereof.
Affordable housing shall be approved pursuant to Section 26.470.040.0.7,
Affordable Housing, and be restricted to Category 4 rate as defined in the Aspen
Pitkin County Housing Authority Guidelines, as amended. An applicant may choose
to provide mitigation units at a lower Category designation. Mitigation for Free-
Market residential units within amixed-use project shall be pursuant to Section
26.470.040.0.6 -Free-Market Residential Units within aMixed-Use Project.
STAFF FINDING: I DOES IT COMPLY? YES
The Applicant has proposed to provide housing mitigation for 75% of the employees
generated by the lodge rooms and the commercial space that is proposed. This could
potentially be raised to 100% which would also conform to this criterion. Staff finds
this criterion to be met.
Lift One Neighborhood Master Plan Page 25/40
Exhibit I -Review Criteria and Staff Findings
d) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and transit services.
STAFF FINDING: I DOES IT COMPLY? YES
Adequate public facilities either already exist or will be upgraded at the owner's sole
expense in order to meet the expected demand. While South Aspen Street is a steeply
pitched street with potential wintertime dangers, the City Engineer and the Fire Marshall
are confident that there will be adequate access to serve this project and for fire
protection if South Aspen Street is reconstructed and snowmelted. To enhance fire
protection, the Project will contain fire sprinkler systems as required. Staff believes that
the Project meets this criterion.
Lift One Neighborhood Master Plan Page 26/40
Exhibit I -Review Criteria and Staff Findings
LIFT ONE NEIGHBORHOOD MASTER PLAN
EXHIBIT I
STAFF FINDINGS: GM REVIEW -AFFORDABLE HOUSING
The development of affordable housing deed restricted in accordance with the
Aspen/Pitkin County Housing Authority Guidelines shall be approved, approved with
conditions, or denied by the Planning and Zoning Commission based on the following
criteria:
a) Sufficient growth management allotments are available to accommodate the new
units, pursuant to Section 26.470.030.0, Development Ceiling Levels.
STAFF FINDING: I DOES IT COMPLY? I YES
The 31 affordable housing units on-site and the 20 dormitory units on-site can be
accommodated within the growth management quotas. There is not an annual cap on
the number of allotments available for affordable housing units. Additionally, the
number of affordable housing units in the community after the construction of the
affordable housing associated with this project will not exceed the overall ceiling for
affordable housing units set forth in the growth management section of the land use
code. Staff finds this criterion to be met.
b) The proposed development is consistent with the Aspen Area Community Plan.
STAFF FINDING: DOES IT COMPLY? YES
Please see Stafi's response to PUD review standard A(1).
c) The proposed units comply with the Guidelines of the Aspen/Pitkin County
Housing Authority. A recommendation from the Aspen/Pitkin County Housing
Authority shall be required for this standard. The Aspen/Pitkin County Housing
Authority may choose to hold a public hearing with the Board of Directors.
STAFF FINDING: I DOES IT COMPLY? YES
The proposed mix of affordable housing is all category 3 which is consistent with
APCHA guidelines for mitigation on this project. Additionally, the project is proposing
to exceed the standard of 60% employee mitigation by 15%. The APCHA Board
reviewed the project's affordable housing component and endorse the plan. Staff finds
this criterion to be met.
d) Affordable Housing required for mitigation purposes shall be in the form of actual
newly built units or buy-down units. Each unit provided shall be designed such that
the finished floor level of fifty (50) percent or more of the unit's net livable square
Lift One Neighborhood Master Plan Page 27/40
Exhibit I -Review Criteria and Staff Findings
footage is at or above Natural or Finished Grade, whichever is higher. Off-site units
shall be provided within the City of Aspen city limits. Units outside the city limits
may be accepted as mitigation by the City Council, pursuant to 26.470.040.D.2.
Provision of affordable housing through acash-in-lieu payment shall be at the
discretion of the Planning and Zoning Commission upon a recommendation from
the Aspen/Pitkin County Housing Authority. Required affordable housing may be
provided through a mix of these methods.
STAFF FINDING: I DOES IT COMPLY? YES
The project proposes to exceed the mitigation requirement for its affordable housing as
outlined in the land use code. In order to achieve this level of mitigation the project will
utilize terrace or garden level units. This allows the project to surpass the amount of
affordable housing required by the land use code and maximize the number of units at
the project's site. In addition to the on-site AH units, the project proposes units which
are located in the AABC. These units have completed the County entitlement process
and have been approved. The remainder of affordable housing which is not located on-
site or at the AABC, but is required to reach the 75% mitigation rate, will be created
through a partnership with the City of Aspen. The project and the City have agreed on a
mitigation value which will be paid by the project to the City. The goal is to help fund
future phases of Burlingame, however, the mitigation funds may be used as the City
deems necessary to construct affordable housing. Staff finds this criterion to be met.
e) The proposed units shall be deed restricted as "for sale" units and transferred to
qualified purchasers according to the Aspen/Pitkin County Housing Authority
Guidelines. The owner may be entitled to select the first purchasers, subject to the
aforementioned qualifications, with approval from the Aspen/Pitkin County
Housing Authority. The deed restriction shall authorize the Aspen/Pitkin County
Housing Authority or the City of Aspen to own the unit and rent it to qualified
renters as defined in the Affordable Housing Guidelines established by the
Aspen/Pitkin County Housing Authority, as amended. The Aspen/Pitkin County
Housing Authority, or its Board of Directors, at its sole discretion, may authorize
affordable housing units owned and associated with a lodging or commercial
operation to be rental units if a legal instrument, in a form acceptable to the City
Attorney, ensures permanent affordability of the units. Units owned by the
Aspen/Pitkin County Housing Authority, the City of Aspen, Pitkin County, or other
similar governmental or quasi-municipal agency shall not be subject to this
mandatory "for-sale" provision.
STAFF FINDING: I DOES IT COMPLY? YES
The Applicant has proposed to convey an undivided 1/10 of one percent ownership
interest in the project's affordable housing units that are to be built to the Housing
Authority. This method of ensuring that the deed restrictions are enforceable has been
accepted by the City on many occasions and the City Attorney believes that it is an
appropriate practice. Staff finds this criterion to be met.
Lift One Neighborhood Master Plan Page 28/40
Exhibit I -Review Criteria and Staff Findings
LIFT ONE NEIGHBORHOOD MASTER PLAN
EXHIBIT I
STAFF FINDINGS: GM REVIEW - AH OUTSIDE CITY LIMITS
The provision of affordable housing, as required by Chapter 26.470, Growth
Management, with units to be located outside the City of Aspen boundary, upon a
recommendation from the Planning and Zoning Commission, shall be approved,
approved with conditions, or denied by the City Council based on the following criteria:
a) The proposal promotes the Goals and Objectives of the Aspen Area Community
Plan.
STAFF FINDING: DOES IT COMPLY? YES
Please see Staff's response to PUD review standard A(1).
b) The oft-site housin is within the As en Urban Growth Bound
STAFF FINDING: DOES IT COMPLY? YES
The affordable housing units that are proposed outside of the City limits are proposed to
be located at the AABC, located within the Urban Growth Boundary. Staff finds this
criterion to be met.
c) The proposal furthers affordable housing goals by providing units established as
priority through the current Guidelines of the Aspen/Pitkin County Housing
Authority, and provides a desirable mix of affordable unit types, economic levels,
and lifestyles (e.g., singles, seniors and families). A recommendation from the
As en/Yitkin Coun Housin Authori shall be considered for this standard.
STAFF FINDING: DOES IT COMPLY? YES
The Housing Board has reviewed the proposed development and has indicated that the
affordable housing units proposed for the site meet the Housing Guideline requirements.
Additionally, the Housing Board felt that the overall mitigation concept, including the
proposed units on the Burlingame property and the AABC property is acceptable. Staff
finds this criterion to be met.
d) The applicant has received all necessary approvals from the governing body with
urisdiction of the ott=site arcel.
STAFF FINDING: DOES IT COMPLY? YES
The Applicant has received the necessary approvals from Pitkin County to construct the
proposed affordable housing on the AABC parcel. Staff finds this criterion to be met.
Lift One Neighborhood Master Plan Page 29/40
Exhibit I -Review Criteria and Staff Findings
LIFT ONE NEIGHBORHOOD MASTER PLAN
EXHIBIT I
STAFF FINDINGS: GM REVIEW -EXCEPTIONAL PROJECT OR MULTI-YEAR
DEVELOPMENT ALLOTMENT.
The City Council, upon a recommendation from the Planning and Zoning Commission,
shall approve, approve with conditions, or deny an exceptional project or a multi-year
development allotment request based on the following criteria:
a) The proposed multi-year or exceptional development is considered "exceptional"
considering the following criteria: (Note - A project need not meet all of the
following criteria, only enough to be sufficiently considered "exceptional.")
1. The proposed project advances the visions, goals or specific action items of
the Aspen Area Community Plan.
STAFF FINDING: DOES IT COMPLY? YES
Please see Staffs response to PUD review standard A(1). Staff believes the project
should be considered exceptional considering the broad manner it addresses the AACP.
2. The proposal exceeds the minimum affordable housing required for a
standard project.
STAFF FINDING: DOES IT COMPLY? YES
The proposed affordable housing .in total exceeds the required mitigation as was
described in the mitigation section of the staff memorandum (the project will mitigate its
affordable housing at 75% exceeding the code requirement by 15%). Staff believes the
project's affordable housing commitment should be considered exceptional. In addition,
the project proposers are contemplating a transfer tax system whereby future sales of
units within the project would continue to support the affordable housing program. This
could raise the mitigation to 100%.
3. The proposed project represents an excellent historic preservation
accomplishment. A recommendation from the Historic Preservation Officer
shall be considered for this standard.
STAFF FINDING: DOES IT COMPLY? YES
The project has completed its public hearing process with The Historic Preservation
Commission and has received a unanimous positive recommendation, for the historic
aspects as well as for the entire project, from the Commission and Staff. Staff believes
the project's preservation effort should be considered exceptional.
Lift One Neighborhood Master Plan Page 30/40
Exhibit I -Review Criteria and Staff Findings
4. The proposal furthers affordable housing goals by providing units
established as priority through the current Guidelines of the Aspen/Pitkin
County Housing Authority, and provides a desirable mix of affordable unit
types, economic levels, and lifestyles (e.g. singles, seniors, families, etc.). A
recommendation from the Aspen/Pitkin County Housing Authority shall be
considered for this standard.
STAFF FINDING: I DOES IT COMPLY? YES
The Housing Board has reviewed the proposed development and has indicated that the
affordable housing units that are proposed for the site meet the Housing Guideline
requirements. Additionally, the Housing Board felt that the overall mitigation concept,
including the proposed units at Burlingame, or another City affordable housing project,
and the AABC property is acceptable. Staff believes the project's affordable housing
component and specifically the range of unit types serving a multitude of needs should
_be considered exceptional.
5. The proposal minimizes impacts on public infrastructure by incorporating
innovative,. energy-saving techniques.
STAFF FINDING: I DOES IT COMPLY? YES.
The project has committed to using 50% less energy than similarly situated projects.
The project is also proposed to meet a LEEDS Silver or higher rating. This significantly
reduces the community's reliance on non-renewable resources. Staff believes the
project's energy conservation effort should be considered exceptional.
6. The proposal minimizes construction impacts to the extent practicable both
during and after construction.
STAFF FINDING: DOES IT COMPLY? YES
The applicant is working with the City to create a construction management plan that
minimizes the number of trucks entering town, consolidates worker trips, manages
parking, noise, dust, access, etc. as outlined in the preliminary construction management
plan. Staff finds this criterion to be met.
7. The proposal maximizes potential public transit usage and minimizes
reliance on the automobile.
Lift One Neighborhood Master Plan Page 31/40
Exhibit I -Review Criteria and Staff Findings
STAFF FINDING: DOES IT COMPLY? YES.
The proposed location of the project is in close proximity to the Commercial Core and
the base of Aspen Mountain. Additionally, the project has proposed a combined guest
shuttle to minimize the number of guest shuttles required to service the project. Staff
finds this criterion to be met.
8. The proposal exceeds minimum requirements of the Efficient Building Code
or for LEEDS certification, as applicable. A recommendation from the
Building Department shall be considered for this standard.
STAFF FINDING: DOES IT COMPLY? YES.
The Applicant has proposed to achieve a Leeds Silver rating. Staff believes the project's
energy conservation effort should be considered exceptional.
9. The proposal promotes sustainability of the local economy.
STAFF FINDING: I DOES IT COMPLY? YES.
Staff feels that the project does promote a sustainable local economy adding lodges
rooms to the City's inventory that had been decreasing over the last decade.
Additionally, this proposal refurbishes the area around the west side of the base of
Aspen Mountain and functionally expands the ski able terrain, which will likely attract
more visitors. Staff believes the project's contribution to the stability and sustainability
of the area's economy should be considered exceptional.
10. The proposal represents a desirable site plan and an architectural design
solution.
STAFF FINDING: I DOES IT COMPLY? YES.
Staff does believe that the proposal provides for a desirable site plan and architectural
design. The scale and massing of the proposed building has been reduced throughout
and the Applicant has integrated the building into S. Aspen Street's streetscape. In
addition, the provision of a "ski-back" corridor and new lift through private property is
an exception effort to provide public benefit. Staff believes the project's site planning
and ski corridor should be considered exceptional.
11. The proposed development is compatible with the character of the existing
land uses in the surrounding area and the purpose of the underlying zone
district.
Lift One Neighborhood Master Plan Page 32/40
Exhibit I -Review Criteria and Staff Findings ..
STAFF FINDING: I DOES IT COMPLY? YES.
The existing character of the surrounding area is a mix of 1950's era ski lodges, the
preserved, original ski chairlift and ski club building, a modern, second-homeowner
oriented condominium, a small affordable housing development, one older single-family
home, several larger and newer single-family homes, and three 1970's era condominium
structures housing a mix of locals and second homeowners. While there has been some
recent new development in the vicinity, the area largely represents the Aspen of another
era of twenty, thirty and even fifty years ago.
In terms of land uses, the proposed lodges conform well to the character of the
surrounding development. The lodges propose short term accommodations located
towards the ski mountain side, adjacent to the two lodges across South Aspen Street, and
residential-in-character, fractional units oriented on the lower end of the site adjacent to
the residential condominiums and single family residences. Staff finds that the revised
development plan is respectful of the character of the existing land uses in terms of bulk,
mass, and height.
Furthermore, if the "surrounding area" includes the larger base area of the ski mountain
in general, the project is generally consistent in mass, scale, and height with the St.
Regis Hotel, the Grand Hyatt, the Residences at Little Nell that is under construction,
and the Little Nell Hotel. Staff finds this criterion to be met.
12. The project complies with all other provisions of the Land Use Code and has
obtained all necessary approvals from the Historic Preservation Commission,
the Planning and Zoning Commission, and the City Council, as applicable.
STAFF FINDING: I DOES IT COMPLY? I YES.
If City Council approves the dimensional requirements being proposed in the PUD and
accepts the proposed mitigation plan, the development is compliant with all other
provisions of the land use code and will have obtained all necessary actions from the
Planning and Zoning Commission and City Council. The project will only require a final
detailed review from the Historic Preservation Commission. Staff finds this criterion to
be met.
Lift One Neighborhood Master Plan Page 33/40
Exhibit I -Review Criteria and Staff Findings
LIFT ONE NEIGHBORHOOD MASTER PLAN
EXHIBIT I
STAFF FINDINGS: REPLACEMENT OF
DEMOLISHED UNITS THROUGH MF REPLACEMENT PROGRAM
The replacement of demolished multi-family residential units shall be exempt from the
provisions of this Growth Management Section if the requirements of the Multi-Family
Housing Replacement Program are met. (See Chapter 26.530 -Multi-Family Housing
Replacement Program.) Replacement units shall not be deducted from the respective
Annual Development Allotments or Development Ceiling Levels established pursuant to
Section 26.470.030. The development of additional residential units, beyond those
merely being replaced, shall be subject to this Chapter. Also see Reconstruction
Limitations, Section 26.470.070.
STAFF FINDING: I DOES IT COMPLY? I YES
The project has proposed to meet the resident multi-family replacement program
requirements on the site by constructing on-site affordable housing units. The Applicant
is not proposing to develop more free market residential units in the hotel than they are
demolishing in the Mine Dump Apartments.
Lift One Neighborhood Master Plan Page 34/40
Exhibit I -Review Criteria and Staff Findings
LIFT ONE NEIGHBORHOOD MASTER PLAN
)C+ XHIBIT )(
STAFF FINDINGS: CONDITIONAL USE FOR RESTAURANT AND COMMERCIAL PARKING
FACILITY
When considering a development application for a conditional use, the Planning and
Zoning Commission shall consider whether all of the following standards are met, as
applicable.
A. The conditional use is consistent with the purposes, goals, objectives and
standards of the Aspen Area Community Plan, with the intent of the zone
district in which it is proposed to be located, and complies with all other
applicable requirements of this title; and
STAFF FINDING: I DOES IT COMPLY? I YES.
Staff does believe that it is appropriate to have restaurant uses accessory to the two
lodges. Moreover, there has been a restaurant at the top of South Aspen Street for quite
some time in the Skier's Chalet (recently closed). Staff feels that allowing for a
restaurant to be accessory to the hotel uses on the site will enhance the apres ski options
for both visitors and locals and contribute to a "lights-on" neighborhood.
In evaluating the potential to lease parking spaces to the general public and to neighbors
of the project, Staff feels that the commercial parking use will alleviate some of the on-
street parking pressure in the area that has been building over the years due to the lack of
on-site parking that has been provided in many of the older condo developments in the
vicinity.
B. The conditional use is consistent and compatible with the character of the
immediate vicinity of the parcel proposed for development .and surrounding
land uses, or enhances the mixture of complimentary uses and activities in the
immediate vicinity of the parcel proposed for development; and
STAFF FINDING: I DOES IT COMPLY? YES.
Once again, Staff does believe that it is appropriate to have restaurant uses accessory to
the two lodges in this plan. There has been a restaurant at the top of South Aspen Street
for quite some time in the Skier's Chalet (recently closed). Staff feels that allowing for a
restaurant to be accessory to the hotel uses on the site will enhance the apres ski options
for visitors and locals alike and compliment the hotels.
In evaluating the request to lease parking spaces to the general public and to neighbors
of the project, Staff feels that the commercial parking use will alleviate some of the on-
streetparking pressure in the area that has been building over the years due to the lack of
on-site parking that has been provided in many of the older condo developments in the
Lift One Neighborhood Master Plan Page 35/40
Exhibit I -Review Criteria and Staff Findings
C. The location, size, design and operating characteristics of the proposed
conditional use minimizes adverse effects, including visual impacts, impacts
on pedestrian and vehicular circulation, parking, trash, service delivery, noise,
vibrations and odor on surrounding properties; and
STAFF FINDING: DOES IT COMPLY? YES.
Staff feels that the proposed development has plenty of parking, trash, and delivery
service to accommodate the accessory restaurant uses without providing a visual or
circulation impact. Additionally, Staff believes that the potential commercial parking
that is proposed within the parking garage will not be visible or impact the circulation in
the immediate area if South Aspen Street is allowed to be snowmelted.
D. There are adequate public facilities and services to serve the conditional use
including but not limited to roads, potable water, sewer, solid waste, parks,
police, fire protection, emergency medical services, hospital and medical
services, drainage systems, and schools; and
STAFF FINDING: DOES IT COMPLY? YES.
Staff feels that there are sufficient public facilities to accommodate the proposed
restaurant and commercial parking uses within the lodge.
E. The applicant commits to supply affordable housing to meet the incremental
need for increased employees generated by the conditional use; and
STAFF FINDING: DOES IT COMPLY? YES.
If City Council accepts the Applicant's proposed employee housing mitigation plan, this
criterion is met.
Lift One Neighborhood Master Plan Page 36/40
Exhibit I -Review Criteria and Staff Findings
LIFT ONE NEIGHBORHOOD MASTER PLAN
)C+ XHIBIT I
STAFF FINDINGS: 8040 GREENLINE REVIEW
No development shall be permitted at, above, or one hundred fifty (150) feet below the
8040 greenline unless the Planning and Zoning Commission makes a determination that
the proposed development complies with all requirements set forth below.
1. The parcel on which the proposed development is to be located is suitable for
development considering its slope, ground stability characteristics, including mine
subsidence and the possibility of mud flow, rock falls and avalanche dangers. If
the parcel is found to contain hazardous or toxic soils, the applicant shall stabilize
and revegetate the soils, or, where necessary, cause them to be removed from the
site to a location acceptable to the city.
STAFF FINDING: I DOES IT COMPLY? I YES
Staff believes the site is suitable for development. Improvements the area's drainage are
necessary and are part of the development proposal. The drainage plan will be required
to be recorded as part of the Subdivision and PUD Plans. Recent measures have been
taken to monitor the slope stability of the area with no significant movement detected to
date. Ongoing monitoring during construction will be necessary. Staff believes that the
proposal satisfies this criterion with the conditions of approval that are proposed in the
ordinance.
2. The proposed development does not have a significant adverse affect on the
natural watershed, runoff, drainage, soil erosion or have consequent effects on
water pollution.
STAFF FINDING: I DOES IT COMPLY? I YES
Staff does believe the project will have a significant effect on the natural watershed.
The project proposes significant improvements to the drainage system and mitigation
measures for soil erosion that currently drains and carries sediment load from Summer
Road during large rain events. Staff believes that the proposal satisfies this criterion
with the conditions of approval that are proposed in the ordinance.
3. The proposed development does not have a significant adverse affect on the air
quality in the city.
STAFF FINDING: I DOES IT COMPLY? I YES
The Applicant must pay the applicable air quality and transportation demand impact fee
that was recently adopted to ensure mitigation for the increased vehicle trips generated
by the development. The proposed development is not expected to create a significant
adverse effect on air quality. Staff believes this criterion is met.
Lift One Neighborhood Master Plan Page 37/40
Exhibit I -Review Criteria and Staff Findings
4. The design and location of any proposed development, road, or trail is compatible
with the terrain on the parcel on which the proposed development is to be located.
STAFF FINDING: I DOES IT COMPLY? I YES
The proposed redevelopment and associated reconstruction of S. Aspen Street respects
the existing topography of the site. Due to the steepness of the existing road and
concerns about emergency service delivery, the new road will need to be snow melted.
Staff feels that the proposed massing of the development appropriately steps down the
hill with the topography. Staff believes this criterion is met.
Any grading will minimize, to the extent practicable, disturbance to the terrain,
vegetation and natural land features.
STAFF FINDING: DOES IT COMPLY? YES
The Applicant has proposed extensive landscaping to mitigate for the regrading and loss
of landscaping that will occur on the site. The loss of vegetation will be mitigated by the
planting of street trees and providing extensive landscaping throughout the site.
6. The placement and clustering of structures will minimize the need for roads, limit
cutting and grading, maintain open space, and preserve the mountain as a scenic
resource.
STAFF FINDING: DOES IT COMPLY? YES
The project has been designed to minimize pavement and has incorporated a large swath
of open space through the development for a skiing corridor. The project also
incorporates small open. spaces for outdoor dining and a small pocket park on the west
side of the development for the neighborhood. Staff feels that the development will not
be significantly visible from outside of the immediate neighborhood. The project is not
expected to be viewable from downtown. Views from Aspen Mountain back down to
the development have been modeled and considered as part of the review. Additionally,
the Applicant's design allows for views of Shadow Mountain from South Aspen Street
at certain vanta e oints. Staff believes this criterion has been met.
7. Building height and bulk will be minimized and the structure will be designed to
blend into the open character of the mountain.
STAFF FINDING: DOES IT COMPLY? YES
Lift One Neighborhood Master Plan Page 38/40
Exhibit I -Review Criteria and Staff Findings
As was discussed in the previous response, Staff feels that the proposed development
has been designed in a manner that balances mountain view, usable open space for
recreation, historic preservation, and community goals related to affordable housing.
The building are large structures. But the massing has been arranged to orient much of
the higher portions of the building against the base of Shadow Mountain to minimize the
visual effect of the massing from a pedestrian viewpoint. In addition, the buildings have
been designed with setback articulations to create visual breaks in the buildings and the
sense of separate building masses. All these efforts reduce the visual effects of the
structures. Staff believes this criterion has been met.
8. Sufficient water pressure and other utilities are available to service the proposed
development.
STAFF FINDING: I DOES IT COMPLY? YES
All necessary utilities can serve the proposed development. The City utility agencies
were consulted and recommended necessary improvements for the development to be
served with all the necessary utilities. A water transmission line will need to be moved
to accommodate this development and a design has. been worked-out with the Water
Department. Staff believes this criterion has been met.
9. Adequate roads are available to serve the proposed development, and said roads
can be properly maintained.
STAFF FINDING: DOES IT COMPLY? YES
The Applicant has proposed to reconstruct and snowmelt South -Aspen Street to make it
safe to accommodated the proposed development. Staff believes this criterion has been
met.
10. Adequate ingress and egress is available to the proposed development so as to
ensure adequate access for fire protection and snow removal equipment.
STAFF FINDING: DOES IT COMPLY? YES
The Fire Marshall has reviewed the proposal and indicated that they have adequate
ingress and egress to serve the property. Additionally, the development is to contain
sprinkler systems meeting the Fire Marshall's requirements and standpipes. Finally, the
Applicant is required to put together a plan to be reviewed and approved by the Fire
Marshall for fighting fires in the parking garage. Staff believes this criterion has been
met.
11. The recommendations of the Aspen Area Community Plan:
Parks/Recreation/Trails Plan are implemented in the proposed development, to the
greatest extent practical.
Lift One Neighborhood Master Plan Page 39/40
Exhibit I -Review Criteria and Staff Findings
STAFF FINDING: DOES IT COMPLY? YES
The ParkslRecreation/Trails Plan in the AACP does not speak to the lodging properties.
The two City parks are noted as city parks in the plan but there the plan provides no
other direction as to the future use of these parcels. The project maintains these City
parks as open usable space with active recreation both summer and winter. The use of
Willoughby Park for a Ski Museum was approved through a city vote in 1991 and staff
considers this use and vote consistent with the AACP. City parks staff has participated I
the review of this application and the City's Open Space Board was provided an
overview of the project. Staff believes the recommendations of-the AACP are being
im lemented to the extent ossible.
Lift One Neighborhood Master Plan Page 40/40
Exhibit I -Review Criteria and Staff Findings
Exhibit
Lift One Neighborhood Master Plan
Analysis of Burlingame Costs
The following analysis was done to evaluate the actual costs of Burlingame Affordable
Housing on a per FTE basis. City staff provided the analysis and will be prepared to
answer questions about it. These figures are based on the final reconciled actual costs for
phase one.
ACTUAL
RECONCILED COSTS
Burlingame Ph1
Land $724,400
Soft Costs $6,982,570
Infrastructure $2,997,493
On site Construction $36,403,330
Mitigation $2,486,483
Other $1,291,500
Total Project Costs $50,885,776
Total Revenues $20,713,148
Total Subsidy $30,172,628
Units 91
Total COST per Unit $559,184
Total SUBSIDY per
Unit
$331,567
Bedrooms 213
Total COST per BR $238,900.36
Total SUBSIDY per BR $141,656
FTE's 231.75
Total COST per FTE $219,571.85
Total SUBSIDY per FTE $130,195
THE G'IY OF ASPEN
Exhibit
Council Questions from 12/1/08
Issue or Question Location In Ordinance Notes
1. What if no Variance from "Prior to the recordation of the
Tramway Board Master Subdivision/Street Vacation
Plat and Master Development
Agreement, the Aspen Skiing
Section 31 Company shall provide evidence of
(Excerpt to the right) approval of the surface lift variance
granted by the Colorado State
Tramway Board to the satisfaction of
the Community Development
Director."
2. Timing for Lift 1A installation New lA prior to Certificate of
and POMA installation Section 5.3 (i) 5 and 6 Occupancy (CO) on either lodge.
Section 5.3 (ii) 4 Surface lift prior to CO on Lift One
Lod e.
3. Reimbursements amongst Section 5
4 Parties must provide financial
Parties . guarantees prior to CO.
4. Prohibit conversion from No conversion allowed without
Fractional to Whole- Section 11.7 Council approval.
ownership
5. Bonding Public
Section 5(n) Agreed.
Improvements
6. Per Employee cost of $130k Section 16.1 (f) 3 Subsidy calculated by staff. Chris
Section 16.2 (f) 4 Bendon can answer questions.
7. Join City Renewable Energy "In the event the City of Aspen forms
District a renewable energy district, which can
be reasonably expected to provide
service prior to the recordation of the
Section 28 individual Subdivision / PUD
(Excerpt to the right) Agreement for each Project, the Lodge
at Aspen Mountain Project and the
Lift One Lodge Project shall agree to
participate."
8. Storm Water Management Section 4 "A Master Utility and Drainage Plan
Plan Adherence Section 5 (b) for the Lift One Neighborhood shall
Section 18 (e) be recorded concurrently with the
(Excerpt to the right) Master Subdivision/Street Vacation
"
Plat.
Lii~ Neighborhood
Master Plaa
Tt~ Cm of Asr~v
Exhibit _ __
Council Questions from 12/1/08
9. Parking Management Issues "The agreement shall include specific
Construction Management Plans for
Section 5(0) each Project which shall include but
(Excerpt to the right) not be limited to parking
management plans which mitigate
impacts on adjoining residential and
commercial areas."
10. Environmental Benchmarking Section 27(b) Additional language added.
11. Fire District Burden Section 3 (d) Fire District approval required.
12. CMP -Separate Projects Section 19 Required.
13. Shuttle Service Extension "During periods of time in ski
seasons when Lift lA is installed,
operational and running and when the
Section 27.3 surface lift is not yet installed or is
(Excerpt to the right) not operating once installed, the
Projects shall provide and operate a
regular public shuttle system from
Deane Street to the top of South
As en Street."
14. SkiCo Commitment to Section 27
2 Skico agrees, with conditions.
POMA/Snow/Ops .
15. Transportation Study - The report has been presented as an
Impact of new development Exhibit. The findings are that new
trips will not change levels of service
Q & A at intersections, significant pedestrian
improvements are offered, and that
pedestrian movements along key
intersections will be satisfactory.
16. Service Ingress/Egress re "Service ingress and egress shall use
physical constraints -Gilbert South Aspen Street, not Gilbert
Section 5(p)(q) Street."
"
(Excerpt to the right) The Lift One Lodge Project shall
coordinate Gilbert Street
improvements to the satisfaction of
the Engineering Department."
17. Delivery of Benefits vs. All benefits must be in place before
Product Section 5.3 COs are issued. Sections guarantee
Section 5.4 benefits to COs for each lodge and
shared benefits.
18. Plan when POMA not Section 27
3 See #13 above.
operating .
~ii~ Neigdborhood
Master Plaa
Txa Gn of Asap
Exhibit _ __
Council Questions from 12/1/08
19. Monarch as a Safety Issue Section 5(p)(q) See above, service vehicles to Aspen
St.
20. 100% AH Section 16.1 Agreed.
Section 16.2
21. Environmental Stewardship Section 28 Added language about comparison to
peers, as per COWOP policy.
22. AH Audit/True Up Section 16.1(h) Agreed.
Section 16.2(h)
23. Put to a Vote Landowners request that the Council
Q & A vote on Ordinance as written without
referring it to voters.
24. Vesting Section 3(c) 10 years.
Li~ Neighborhood
Master Plan
Page 1 of 1
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Per our conversation today -The Colorado Passenger Tramway Safety Board only 1560 Broatlway
deals with the design, installation, and operation of a tramway. We have no Denver CO 80202
Sent Mali jurisdiction over the Land Use or its application.
Please let me know if you have any other questions.
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Nicki Cochrell
program A55istant II
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Colorado Department of
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-- Division of Registrations
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1560 Broadway, Suite 1500
Denver, CO 60202
Contacts P 303.894.7785 ~ F 303.869.0235
www.dorastate.ro.us
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http://mail.google.com/mail/?ui=2&view=bsp&ver=1 gygpcgurkovy 12/8/2008
Page 1 of 1
~~gCe~
Travis Coggin
From: Evan Boenning [evanb@sopris.net]
Sent: Monday, December 08, 2008 2:35 PM
To: Travis Coggin
Cc: chrisbendon@ci.aspen.co.us
Subject: Lift One MasterPlan Public Comment
Dear Travis and City Council Members,
I attended the presentation of the Lift 1 Master Plan by Chris Bendon last Friday. After the presentation, my first
impression was WOW! What a greatjob the developers and the City of Aspen, along with the 27 members of
the COWOP group have done. They have thought outside the box in creating a project where the results are
sustainability, economically viability, and cutting edge technology with a great mix of residential and commercial
use. I must also applaud the task force on its creativity in preserving the historic integrity of this old ski town
atmosphere. Finally, this project will add to the skiing aspect of this side of the mountain, by added lift access
and new ski events along with the World Cup and an added ease in accessing these events by spectators. This
is the kind of vitality and mix that this side of town needs. I think this will be great for young and old people of this
community for decades to come.
This project provides direct benefits to the City of Aspen, affordable housing, the business community including
lodging and restaurants, Historical Society, and the Aspen Ski Company. This is a great image builder for the
Town of Aspen as it strives to maintain some of the old character of this town.
After years of design, planning, and compromise, and with the assistance of the City, developers, and the
COWOP committee, finally I think the Lift One Masterplan answers and addresses all the goals sought by the
community. I am very much in favor of this and wish to express my opinion through public comment, as I am
unable to attend the meeting this evening. I urge you to move forward and keep the momentum going with this
project.
Sincerely,
Evan F. Boenning, CRS, MRE
Broker Associate
Morris & Fyrwald Real Estate
415 East Hyman Avenue, Suite 101
Aspen, Colorado 81611-1945
970-429-3765 (Private)
970-925-6060 Ext. 224 (Office)
970-920-9993 Fax
970-379-1665 Cell
E-Mail: evanb sopris.net
Web: www.asgenskihomes.com
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