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HomeMy WebLinkAboutagenda.council.special.20090114TKE ~~ ©F ~sPE~ CITY COUNCIL SPECIAL MEETING WEDNESDAY, JANUARY 14, 2009 5:00 pm Lift One Neighborhood Master Plan COWOP Final Review 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 DATE: Wednesday January 14, 2009 SUMMARY: Tonight's hearing is a continuation from December 8t" when the ordinance was reviewed and several changes were being made in response to the discussion. Tonight's meeting will provide response to remaining questions that were brought up during the previous meeting. Staff will "walk-through" the proposed Ordinance and highlight amendments that have been made in response to comments to date. All changes to the ordinance made during and since the December meeting are highlighted in the attached ordinance. A summary of the ordinance amendments is attached as Exhibit L. v i A ~~ d Attached, as Exhibit K, is a memo from the ~ . ;.,,: , _ _ - ._ City's Transportation Department. At the last meeting, questions were raised regarding the possibility of expanding in-town transit routes to serve the Lift One neighborhood. The memo affirms that this project will be factored into the City's transportation planning and also recommends the project develop a comprehensive demand management plan. This recommendation has been incorporated into the ordinance as a requirement. 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 10`h through October 2°d to review the planning for this S-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 10`h -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 24`h -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 IS` -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`h -Continued Second Reading & Public Hearing. This hearing provided a thorough review of the proposed ordinance and changes to the document, some of which were made during the meeting. A few changes to the Lodge at Aspen Mountain architecture were presented. January 14'" -Continued Second Reading & Public Hearing. Tonight's hearing is expected to be the final meeting where staff and the project team will present amendments to the proposed ordinance and respond to remaining questions from Council. 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. 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 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 cr,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. E - Public Comments, P&Z review minutes and HPC review minutes (binder). **An addition to this exhibit will be distributed at the meeting, with the latest public comments. K - Memo from City of Aspen Transportation Department. L - January 8`" letter -Summary of changes to Ordinance 34. 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 Solond~ 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 MM-aster Plan 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 MAQ-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 ?008 Page 5 Lift One Neighborhood MAA-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~A4-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 315`, November 3rd, and November Sth; 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 ?008 Page 7 Lift One Neighborhood M~A9-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 and 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~4-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 M1~9-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)(x) 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 Aspen Skiing_ Companylands is to accommodate the uphill terminal of the new "surface lift" and the lower terminal of the Ordinance No 34, Series 2008 Page 10 Lift One Neighborhood M~4aster Plan new high speed Lift 1 A, and to 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 and the Barbee Notch 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: Leal 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 Section 10 below; Ordinance No 34, Series 2008 Paget t Lift One Neighborhood M~4aster Plan (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 bey vested for a period of nine 9ten-(~9) years from the effective date of this Ordinance, as more specifically set forth in the Development Agreement -Vested Ri hg is approved by and simultaneously with the adoption of this Ordinance. The Master DeveloQment Agreement shall be executed and recorded within 2 years of the effective date of the this Ordinance. The Subdivision / PUD Agreements for individual Projects shall be executed and recorded within 2 years of recordation of the Master Development Agreement. Any material failure to abide by any of the terms and conditions attendant to this approval may result in the forfeiture of said vested ri h accordance with the terms and conditions of the Development Agreement -Vested Rights..,+ i~+o,. „~ +i.,o orrv,.+;,,o a.,+o „~ +~.o ., ,oa ao,.oi,.~ri,o~+ ,,..ao.. „ ~~,.,ii ~o sttb~se~uen~t~the--~te~~tl3i , ~.,:~,,..o +„ .,l.,:ao r,., ., „~ ,,,.aoa -.., ,t,;~ n..a:,,.,.,,,o ~i-,.,~i ,. „i+ ;,-, +t,o ~ ..~ :+,,..o ,.~ ~.,;,~ , v~+oa r ~o,.+,... „~,+...,~a E~spo„ r .,,,a r T~o ~~, (Deleted language moved to and inserted in the Development Agreement -Vested Ri hg ts). (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 Ordinance No 34, Series 2008 Page 12 Lift One Neighborhood M#1-aster Plan 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, plumbing, electrical and mechanical codes. As ~tl~is~egar~a condition of this development approval, the applicant shall abide by any and all sue-l~-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: (Property description in Exhibit 5) 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 Ordinance No 34, Series 2008 Page 13 Lift One Neighborhood M{~.4-aster Plan 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 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 Lodt;e 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 lA 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. Ordinance No 34, Series 2008 Page 14 Lift One Neighborhood Mlv~aster Plan 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; (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 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 1 A 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 1 A 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. Public locker facilities shall be available in a transparent, non- discriminatory manner on a seasonal basis via a valley wide lottery. Seasonal rental Ordinance No 34, Series 2008 Page 1 S Lift One Neighborhood M~4aster Plan rates shall not initially exceed $300 subject to an annual increase of 3% or the CPI, whichever is greater. Locker rental agreements shall prohibit assignment and subrental; (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 and shall provide an easement for the construction and operation of the surface lift in the event that completion of the Lodge at Aspen Mountain precedes development of the Lift One Lodge=; (n) To ensure installation of the ublic °„~.a;•,:°~°-' improvements described in subsections (a~(b~c) and d), above, and the Conununity Improvements/Benefits described in subsections (e), (fl, (g), (h), (i), (j) and (k), above ~~~-°~"~~~ *'~° "~°°*°r p'°~, the Agreement shall require the provision of bonds or other forms ofa financial guarantee acceptable to the Cit~for no less than 100% of the estimated cost of such ~stera~ien--e€it~~s-~a~to ~e-~-public improvements and Community Improvements/Benefits, subject to the provisions of Section 5.4. Additionally, the Agreement shall require the provision of a bond or other form of financial assurance for no less than 100% of the estimated cost of restoration to a preconstruction condition of both publicly and privatelyowned properties disturbed by development. A restoration plan and the estimated amount of financial assurances will be subject to ~a °'' °~*~ ~~' °~~*~°~ ~ ~ review and approval by the Engineering Department prior to issuance of an Infrastructure Permit. The estimate of costs of restoration shall be made by a professional estimator engaged by the City and paid by the Developer. The form of the financial guarantee shall be approved by the City Attorney; A traffic impact analysis and mitigation plan shall be prepared for review and approval b ty he en ineering department that addresses quality of service impacts in the master plan area per City of Aspen Engineering Standards.-; (o) _The Agreement shall require the developer of each Project to provide to the Cit~in_ confidence, evidence which is reasonably acceptable to the City of financing sufficient to complete its Project prior to and as a condition of the issuance of a building_permit for the vertical elements of that Protect. (p) The Agreement~greement shall include specific Construction Management Plans for each Project, as more~articularly described in Section 19, which shall include but not be limited to parking management plans which mitigate impacts on adjoining residential and commercial areas; Ordinance No 34, Series 2008 Page 16 Lift One Neighborhood M~A4-aster Plan (qp) Service ingress and egress shall use South Aspen Street, not Gilbert Street; (rq) The Lift One Lodge Project shall coordinate Gilbert Street improvements to the satisfaction of the Engineering Department; (s) The Master Development Agreement shall include a Transportation Mana eg_ment Plan that requires the Lift One Lodge Project and the Lode at Aspen Mountain Project to participate in the City of Aspen Transportation Options Program. This participation shall include, but not be limited to, combined shuttle service, subsidized employee RFTA passes, participation in the City of Aspen car sharing_pro~ram, on-site bicycles for use by employees and guests and specific marketing materials regarding the array of mobilitX options available to ug ests. 5.1 Sequencing: if Lodge at Aspen Mountain Prolect 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, and consistent with Section 5.3(ii), 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, and in Table 1, Section 5.4, 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 a~rf~--thyrelocation 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. r~ t:°„ „~+t,° ~ ,..~ ,.° t;~+ +t,° r „a,~° „+ n ~..°~ r,~r,.,,~+.,:~ ~>1.,it °~+„i,t:~i, ,,.,a + iai ,ivu vi uav Jar , ° ,.°,.,,t~,. ,.,,t,t:° ~t,,,,+t° .. „t°~° c,.,,+t, n ~„°., c+,.°°+ +„ +t,° r ;~ t n >^.,~° ., +'t 1Vbl.il(.LL t./b{VllV JIiR ° sue-l~ has-t~x~R^° '~~ r~*~°^~' The Lift One Lodge Project shall construct these excluded improvements during the course of the development of its own Project. Once constructed, the surface lift shall operate, subject to conditions noted in Section 27,__Ski Related Improvements/Operations, until such time as the Lift One Lodge Proiect is completed. The operation of the surface lift may be interrupted during construction of the Lift One Lod~ject. Durin>? such interruption alternative access shall be provided pursuant to Section 27.3. 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, 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. Ordinance No 34, Series 2008 Page 17 Lift One Neighborhood MIW-aster Plan 5.2 Sequencing: If Lift One Lode Project 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, and consistent with Section 5.3(i), 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, and in Table 1, Section 5.4, 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 ublic arking 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 Improvements/Benefits: (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, unless bonded pursuant to Section 26.2. 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. (ii) Prior to the issuance of a Certificate of Occupancy for the Lodge at Aspen Mountain Project, the following commitments shall be fulfilled: Ordinance No 34, Series 2008 Page 18 Lift One Neighborhood M11~aster Plan 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 surface lift shall be completed and operational, subject to temporary removal as provided in Section 5.1. 5. The new high speed Lift 1 A shall be completed and operational, unless bonded pursuant to Section 26.1. 6. The Deane Street Affordable Housing Condominiums shall be constructed and have received its Certificate of Occupancy. 7. The Aspen Airport Business Center Affordable Housing shall be constructed and have received its Certificate of Occupancy. 8. 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 Improvements/Benefits: 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 Improvements/Benefits 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 Improvements/Benefits 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 Ordinance No 34, Series 2008 Page 19 Lift One Neighborhood M1~4-aster Plan Skiers Chalet Lodge Relocation/Museum as outlined in its Individual Subdivision/PUD Agreement. Table 1, below, R°~~••~ ~° ~ *~~-~° *"~* outlines the Community Improvements/Benefits that are shared amongst the Aspen Skiing Company, the Lift One Lodge and the Lodge at Aspen Mountain. Lode At Lift Aspen One Aspen When Community Improvements/Benefits Mountain Lode SkiCo Delivered* Skiers Chalet Lode Relocation /Museum x x_ 2 Beer Boots & Brats - SCSH Commercial / AH x 2 Ski Lockers x x_ 1 or 2 80 Public Parking Spaces x x 1 South Aspen Street Improvements x x 1 or 2 Surface Lift x x x 1 or 2 Lift l A Relocation /Improvements x x x_ 1 or 2 Underground Service Corridor x x 1 Volleyball Court Relocation x x 2 Deane Street AH x 1 AABC AH x 1 AH Partnership Units x x 1 or 2 * When Delivered pertains to when the improvements are completed: l .Prior to issuance of Certificate of Occupancy for the Lod e amt Aspen Mountain Project 2. Prior to issuance of Certificate of Occupancy for the Lift One Lodge Project 1R ~6E~2 ~IffEA ~f ~f - ~ - ~f ~ - ~f ~f - ~f ~f ~c ~ ~f * * ~ ~E ~E - ~c ~f - ~ - ~c - ~E ~E - Ordinance No 34, Series 2008 Page 20 Lift One Neighborhood MiW-aster Plan 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. 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. Wherever reasonably necessary to do so, in the opinion of the City, in its sole discretion, provisions similar to those recLuired by this Ordinance to be included in the MDA shall be included in the individual Subdivision /PUD Agreements. 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; Ordinance No 34, Series 2008 Page 21 Lift One Neighborhood M#~aster Plan (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; (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: Rezonin~s 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. Ordinance No 34, Series 2008 page 22 Lift One Neighborhood MA4aster Plan (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, a~maintenance of ski area structures, facilities, equipment, management and operations, and the location and operation of a ski museum. (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. Section 9: Public Right-of-Way 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; Ordinance No 34, Series 2008 Page 23 Lift One Neighborhood Muster Plan (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-Way 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. Pedestrian use will be allowed when the surface lift is not in operation; (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 Ordinvlce. Ordinance No 34, Series 2008 Page 24 Lift One Neighborhood MA4aster Plan Section 11: Approved Uses and Development Programs 11.1 Lot 1, Lift One Lode. 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 1 b.l below, a maximum of 9,000 square feet of net leasable commercial space and a minimumtetal 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 pat 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. 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, Lode 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 1 b.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 Ordinance No 34, Series 2008 Page 25 Lift One Neighborhood M119,aster Plan 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. 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. 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. Prior to redevelopment, the Skiers Chalet Steakhouse shall be maintained in a reasonable state of repair by its owner 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. Prior to relocation, the Skiers Chalet Lode shall be maintained in a reasonable state of repair by its owner. 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. The Deane Street Condominiums shall have its own independent Condominium Association. Its assessments shall be established by the directors of that Association and shall be consistent with the APCHA guidelines. Assessment revenue shall not be Ordinance No 34, Series 2008 Page 26 Lift One Neibhborhood Mk1A-aster Plan utilized to reimburse the Lodge at Aspen Mountain project for any costs associated with the development, construction or management of that project. The initial budget of the Association shall be subject to approval by the City, which approval shall not be unreasonably withheld. 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 accessL--use, and parkin including snow grooming equipment as described above, as well as snowmobiles, emergency vehicles, wheeled vehicles, automobiles, service and support trucks and other vehicles routinely used in the conduct and performance of mountain recreation, operations, services, construction, supply, events and the permitted uses described herein or as permitted by this Ordinance in the adjacent Projects and properties; (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 Ordinance No 34, Series 2008 Page 27 Lift One Neighborhood M#t-aster Plan (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 (~ 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 (h) Maximum Allowable Floor Area (i) Minimum Off-Street Parking Spaces Per Final PUD Development Plan 130,000 sq. ft. 200 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 (~ Maximum Building Height Per Final PUD Development Plan Per Final PUD Development Plan 5' 5' 5' 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 Ordinance No 34, Series 2008 Page 28 Lift One Neighborhood M~9-aster 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 (f) 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, Willoughby 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' (d) Minimum Side Yard Setback (e) Minimum Rear Yard Setback (f) Maximum Building Height 10' 10' 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., which may be increased to 8,500 sq. ft. subject to HPC review and review as a substantive amendment pursuant to Section 31 of this Ordinance.: (i) Minimum Off-Street Parking Spaces 0 Ordinance No 34, Series 2008 Page 29 Lift One Neighborhood MCI-aster Plan 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 Per Final PUD Development Plan (h) Maximum Allowable Floor Area 13,000 sq. ft. (i) Minimum Off-Street Parking Spaces 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, 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. Ordinance No 34, Series 2008 Page 30 Lift One Neighborhood M~A4-aster Plan 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 Lode Project (a) A total of 38 lodging reconstruction credits consisting of 20 lodge units in the former Holland House Lodge; 10 lodge units in the former Skiers Chalet Lodge; and 8 lodge units in the former Skiers Chalet Steak House shall be credited against the Lift One Lodge Project's lodging GMQS allotment requirement. The 38 reconstruction credits shall equate to 76 lodging pillows 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 allotment requirement. (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 lA base structure shall be credited against the Lift One Lodge Project's commercial GMQS allotment requirement. 13.2 Lodge 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. Develo went T e Allotment for Lod e at 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 Development Type Allotment_for Lift One Lodge Residential-Free Market 0 Units (5 Reconstruction Credits) Ordinance No 34, Series 2008 Page 31 Lift One Neighborhood M~4-aster Plan Commercial 6,680 Net Leasable S uare Feet ResidentialAffordable Housing 16 Units Lodging 126 Pillows Development Type Allotment for Skies Chalet Steakhouse ResidentialAffordable Housing 5 Dormitory Rooms 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 ninthtent-1~ anniversary of the effective date of the Development Order issued by the Community Development Director or on the date that vested property rights expire as r'~~'~'-amore specifically set forth in the ~ ~'°°*°~' p~^''*° Development Agreement -Vested Rights te-be-approved by and simultaneously withs~se~e 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 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. Affordable housins units used to meet the mitigation requirements shall be an average of between Category II and Category III units as defined by the Aspen/Pitkin County Housing Authority Guidelines in effect at Ordinance No 34, Series 2008 Page 32 Lift One Neighborhood Maul-aster Plan the time of Certificate of Occupancy for the Lift One Lodge Project and the Lodge at Aspen Mountain Project. 16.1 Lot 1, Lift One Lode. 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 (ii) Main-Level Commercial Space (iii)Basernent & Upper Level Commercial Space (iv)Skiers Chalet Steak House Commercial Space (v) Total Employees Generated (vi)Mitigation @ 100 Percent Ordinance No 34, Series 2008 Lift One Neighborhood M~4-aster Plan 31.5 Employees 1.0 Employees 16.5 Employees 4.5 Employees 53.5 Employees 53.5 Employees Page 33 (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 iu °~*~°~~°+°-~ +~~* +~~~ '>> ~- +~ Riirlin~x~m~R t, ~~' a ~•~ ~. + i. + a•F~ ~ r•+ Fc• a Li a ° ~ °~° ~°~*~°°. 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 subsidizebu}l~ the number of units needed to house the number of employees calculated herein. The FTE Subsidy) The FTE Subsidy shall be sufficient to cover actual or reasonablX expected average subsidy of the City for housing full-time equivalent employees. In determining the amount of the FTE Subsidy the following costs, d) financin costs if any) d) soft costs inclusive of entitlements legal architecture planning en ineerin~ etc less anticipated sales revenues If the Ordinance No 34, Series 2008 Page 34 Lift One Neighborhood M~14-aster Plan parties cannot agree on the FTE Subsidy the question shall be submitted to binding arbitration pursuant to the methodology rules and procedures to be described in the Master Development Agreement. The FTE Subsidy to be utilized for the purpose of determining the following_payment obligations and bonding requirements shall be determined and established no later than the issuance of the Certificate of Occupancy for the Lift One Lodge Project. toward the FTE Subsid~y amount reauired above $2 500 000 shall be added to the requirement of the Additional Affordable Housing Funding noted in (iii) below. Rn~ed nn K ~^.^ .:~.:° ...11•,1 °r ~lI °.a L.. rL. !'•+, ...li +t1 a 1 ~El~la~s~~--1-~c~eas-cicg~7--cn°c~Pli~rc-ivviiiaerrDT 1 L. '.~ The Housing Agreement shall be attached as an Exhibit to the Lift One Lodge Project individual Subdivision/PUD Agreement. The affordable housing units developed with this financial contribution shall be sold or rented, at the City's election, at a Categvry II or III sale or rental rate as determined by the City in accordance with applicable APCHA Guidelines. Affordable housing units developed with the financial contribution which are necessary to provide mitigation above 60% shall not be owned or controlled in any manner by the Lift One Lodge Project. (iii) Additional Affordable Housing Funding. Funding for the remaining employees, plus any additional amount required in (ii) above to achieve 100 percent mitigation shall be paid within (3) three years following issuance of a Certificate of Occupancy, and the payment of such amount shall be secured by issuance of a Certificate of Occupancy. ~t~€e~t~i et~k~~6~eeS~A-&E13~e~~~~efE~eii~-i~?i~igacroi.-$n ccrcrrcrn-zvrnrvr e~t~c~-an-ad~ie~segae~n ~~~~e~€ter--tkc~=tom Tlaurilnnlsr c~al° „1, ..rL,~,« ~,,,.a:„ °,.1.,,, r 11, «.+.,L.1 r •L, .~v.vlvrvl /Nav vi /uval v111V1 1W16L111b 111V V11G{f lI~ ° Q~'~~~:.t .,.,.i +L,° !`;r„ 6f-~tS~efl~I39-e`F'-~c~i~ncccr*cirr-i ,«,7' 1. t «L. -t39~9~99~e~' e~pleyec-va~ci--virz. 4 'T " s-miv--rae-~eaa~-v~-t~3e (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 Ordinance No 34, Series 2008 Page 3j Lift One Neighborhood M{W-aster Plan 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. (b) Lodge/Fractional Ownership Bedrooms. The development of lodge and fractional 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 (ii) Lodge/Fractional Ownership Bedrooms (iii)Main-Level Commercial Space (iv)Basement-Level Commercial Space (v) Total Employees Generated Ordinance No 34, Series ?008 Lift One Neighborhood MA4-aster Plan 15 Employees 87 Employees 44.5 Employees 22 Employees 168.5 Employees Page 36 (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 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, 4 one-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 Ordinance No 34, Series 2008 Page 37 Lift One Neighborhood M1~4aster Plan 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. (iv)Loclge 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. ?~ ~° ~r*~^~^°*°a *~^* mutual ~-gre°~^°..t cf t".. ru ~~~-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 susidizebu}ld the number of units needed to house the number of employees calculated herein. (The FTE Subsidy) The FTE Subsidy shall be sufficient to cover actual or reasonably expected average subsidy of the City for housing full-time equivalent employees. In determining the amount of the FTS Subsidy the following components shall be utilized to calculate the subsidy=a~. land cost based upon fair market value b) infrastructure costs or contributions, c) all construction costs d) financin costs if any) d) soft costs inclusive of entitlements le al architecture Tannin en ineerin etc less anticipated sales revenues. If the parties cannot agree on the FTE Subsidy, the question shall be submitted to binding arbitration pursuant to the methodology, rules and procedures to be described in the Master Develo ment A reement. The FTE Subsid to be utilized for the u ose of determining the following payment obli,~ations and bondin requirements shall be determined and established no later than the issuance of the Certificate of Occupancy for the Lod eg_ at Aspen Mountain Project Prior to the issuance of a Certificate of Occu anc the develo er of the Lod e at Aspen Mountain Project shall pay $5 600 000 to the City which amount shall be credited toward the FTE Subsidy. Any amount required above the $5,600,000 shall be added to the re uirement of the Additional Affordable Housin Fundin noted in v below. 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 Category II or III sale or rental rate as determined by the City in accordance with applicable APCHA Guidelines, Affordable housint units developed with the financial contribution which are necessary to provide mit~ation above 60% ;-and-shall not be owned or controlled in any manner by the Lodge at Aspen Mountain Project. Ordinance No 34, Series 2008 Page 38 Lift One Neighborhood M~4--aster Plan (v) Additional Affordable Housing Funding. Funding for the remaining 43.25 employees, plus any additional amount required in (iv) above to achieve 100 a bond provided by the Lod eg at Aspen Mountain for the benefit of the CitX prior to the issuance of a Certificate of Occupancy. ~'11H~'~r^ ~ r +''° •°-~°~~~~rt n~ ° t^.,°°~ +^ .,,.1,;°..° inn °..,.~+ •+:,.,,+:^„ ~l,.,n 1.° .. ,:a°a +t, ~ .....,::;t,,..~.,..., .., .,..........~ 1., p~rv~rlc-riiici~crcro ~pccrnrLr~rx~-ivra~: C~~e}tl~ `a~}t}9t,~~}° t A>~'TA + C-t~6trs-ilYtc~tril'~nrcral rr-air-c~cr cirrr~z~-r-vn--cri~r~u jl~,°1.,.~°,. .,.,1° ~, .,1, +1, ~ a' 1, ,+,,.,11., ~ + 1.1 + +L, /v.V1VrVi ~, 41V Vl uMVll V111V1 1U11~/11I~ P~6~eE~-c~~-~}e-C~-6~~hs~°cir-~iriro ei~el4t~ hun"-t~2ia F ,7 • b. 1 .rcrnzn $4~~9A&A~~e~-ex~p~e}ee-based-~i~~ n4 a„11°,.~ .,a e-reasi~~_tl~e in la rDi 1 ~. (vi)Mine Dumps Tenants. The tenants in the Mine Dumps Apartments at the time they were asked to quit their units°~' ~'°m^'~+~^^ *'~°~°^* shall be provided a right of first refusal to purchase Lodge at Aspen Mountain for saleart affordable housing units constructed as miti ation in accordance with this Ordinance. The tenants referenced herein are listed as a part of the Decision Packet provided.+"° r'°°~° c+r°°* ~'^~a^-~~~~~~m~ 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 39 Lift One Neighborhood MI~4aster 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 Application 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 ?008 Page 40 Lift One Neighborhood MA~4-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. The CMP shall contain a limitation on the number and size of vehicles that may be parked onsite and will contain a requirement that all vehicles parked on the site of the development shall be registered with the City. Parking will be prohibited in residential areas. The CMP will incorporate a plan for use of an intercept parking lot in a location reasonably acceptable to the City and will establish a reasonable limit on the number dump trucks entering or leaving the site during peak traffic periods. The CMP plan will incorporate a mass transit worker transportation program to transport workers from the intercept lot to the job site. The CMP plan will also include a program for on-site job- Ordinance No 34, Series 2008 Page 41 Lift One Neighborhood M1~4-aster Plan boxes for subcontractors and workers to store their small tools in order to facilitate the use of the aforementioned intercept parking and mass transit worker transportation program. The CMP will contain a commitment for monthly monitoring of the construction parking plan to discuss conformance and address any issues raised by the City. The CMP will require compliance with the City's noise ordinance as it may be amended from time to time, for all construction activities, including_stone cutting. Stone cutting shall be limited and shielded on site. 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 1 A and Shadow Mountain Condos. 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. The CMP shall require reasonable financial assurances sufficient to secure the indeyendent obligation of each Project to repair damage to public streets caused by excessive truck traffic during construction. Section 20: Soil Stabilization The Lodge at Aspen Mountain Project has installed inclinometers and conducted bi-monthly monitoring. As soon as reasonable given climactic conditions and conditions associated inclinometers on its property and conduct 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. Ordinance No 34, Series 2008 Page 42 Lift One Neighborhood MAW-aster Plan 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. 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: Approval for Temporary 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. Ordinance No 34, Series ?008 Page 43 Lifr One Neighborhood M1~4-aster Plan 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 Emer~ency 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. 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: Fundins of Replacement of Lift lA 26.1 Lode at Aspen Mountain Proiect. 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 lA 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 provide to the Aspen Skiing Company; ~° ~^ ~°~°~:,.:.,,.;°~, a Letter of Credit or bond in the amount of $4,000,000 (less any portion thereof already advanced or bonded by the developer to the Aspen Skiing Company), to secure developers payment obligation to the Aspen Skiing Compan~in a form satisfactory to the City Attorney, as collateral security for developer's performance of this condition. Ordinance No 34, Series ?008 Page 44 Lift One Neighborhood Muster Plan 26.2 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 1 A 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 ~ra *~° ^ °r°~ c~-~~~° ~'°-~~~~•~ shall #eget~e~provide to the Aspen Skiin~pan~~j~a Letter of Credit or bondD°r~ ,.,,,~„°°'~°~a 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 Lodge at Aspen Mountain Project, the high speed Lift lA shall be constructed, 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 bond described in Section 26.1 above. The surface lift from Willoughby Park to the Lift lA Base Area Development Envelope shall be constructed, installed, and completed as identified or described in Section 5.3. 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 1 A 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 installed1~ is not operating once installed or is out of service due to construction, the Project or Projects for which certificates of occupancy have been r~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 Ordinance No 34, Series 2008 Page 45 Lift One Neighborhood M1~9-aster Plan 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) The Projects shall be designed with the commitment to obtain the points necessary to achieve 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 Agreement for each Project, the Lodge at Aspen Mountain Project and the Lift One Lodge Project shall agnee to join such districtp~ate. Plan for its Project that has been approved by the Transportation Department of the City which includes measures to reduce vehicle trips by employees guests and residents 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. Bt~~e~i^vn -Qi=:cwt@a-=rigi*c~, desc~bed-jtr-~ee~e~3~^~a'~^•^•'~~Condominium Maps shall be reviewed under the applicable provisions of the City's Land Use Regulations in effect on the date of final Ordinance No 34, Series 2008 Page 46 Lift One Neighborhood M~]-aster Plan adoption of this Ordinance.~e~leir~}g-exp~at~en-e~'~~re~t~xg~-pe~Ted, t~ke o „+~ ,.~+~,o r .,„,a r r~o Do,.,,i.,+;,,„~ The condominiumization of each Project shall C \.,.~YCC Cn Il I\.11CJ Vl C 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 Annrovals; 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. It is understood and agreed that the validity and effectiveness of the subject townhome approvals and of the vested rights associated therewith shall continue to be exempt from Section 26.304.030(F) ("No Multiple Applications") of the Land Use Code and shall not be adversely affected or impaired in any way by the adoption of this Ordinance, and that the Project developer shall have the right in its discretion to reactivate its townhome project building, ep rmit application at an time prior to Jules 2011, subiect to the townhome approvals termination language set forth above. 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 Ordinance No 34, Series 2008 Page 47 Lift One Neighborhood M~4-aster Plan 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 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 Ordinance No 34, Series ?008 Page 48 Lift One Neighborhood MA4-aster Plan 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 Hearin 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. Ordinance No 34, Series 2008 Page 49 Lift One Neighborhood M#~aster Plan 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 , 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 ~0 Lift One Neighborhood M#Laster Plan Exhibit 1-Adjusted Master Plan Boundary t Monarch Street ~: ~ r i~ ./ , ~~ { I ~ ~. ~ ~.1._ L .. - I tyoandelry f ~ 4 ~ eoao e e~ I I F- - _ : I ~ creeniins ~ ~Utn~ ~ , I . ~` I~ i e ~ I ~ I ~ ,.r . ~ , I r w~n~~h stt.et ~ I r..~.J 1 Litt Une Mei;hhethoad Exhibit Z -Proposed Zoning Map r •~ f PUB (H1 (PUD) ~.... . / ~ ~ ~ I ~ ~ Puhlk. NYIVk Ort4q, I Plennee Unit . ^ Drvetopm.K Ureny ~ e~ /~ ^ ee~e~ r ~e~ ~ ~~ ~~ ~ ~7 e e e r ~ '~ ~ Con~vel'wn PUB (PUDI e ~ ~ ~ i ff Publk, Ptenne0 Unh ~t e ~ ~ ' 1 I~ ~~_ t>aelegM~towter d ; ' T L.... _ _ ~_ J ; t- -J :- -.---~ [. e ...~ ~ 1 NC (H) (PUD) L (PUD) ~ ~~ ~~~ Comrtiwaal. LoEP, Plenne0 Unit - N41wk Ow1N. Planned a Denbpment o~UD' Unlt Dralopment OYefley ~ ~ e J ~ w~-~l AH (PUD) e r~ ' ~ ' ~ • / ~ I Mtoma. xewi*a. ^ PfennW Unh "~ U/MWnrN PM4 1e 1 / I e! , ` / .~._~. LiR One Neithherhood ;;A 2 Ordinance No 34, Series 2008 Page 51 Lift One Neighborhood Muster Plan Exhibit 3 -Public Right-of-Way vacations and Dedications Map ., Hill Stree I ~.~~ r~ ~ C1 I ~ Gilbert Street ' E ~ rE ^~E ,South Il~pen _ • E ~ ~ Street ~ E _ E . ~ . ~ r_~.. ..._.... ~ ~j , I ' Dean Street ~ ~'i r :~.~ AflCNIIEC IUkE ~ ~ ~ . _ Exhibit 4 -Proposed Subdivision Map r Lik Ona Neighborhood Mastsr Plan ..~....~„~ ~ a 3 mr L19tR~ n.i ~~ ~~ ~ ~, ~ • /~. ~~ .( I ,.. a ~ Lot 4 `. • ~t 21 .. •~,.• t.. ......,...-.,~ ~1 _ ~ - Public Ski and J I Pedestrian • J • EasameM ~ '~~ _ Easemen= _ r - ~ / ~~i 1 ~ ~ ~ ~~~ • .~- r ,~ ~ _ ,~ ~ .~ _~6 r ~_ -._. r i Lift Ona Neighborhood Master Plan pons E~ . . ».~.,....w 4 4 m.l~l.I~. .~.J /' .~• ~ ~immft Street ` I f 7 I "'~ ~~ ~~ ~ ~ ~.~. ~~ ~~ .- ~ -~ ~~ ~- I f // ~~~ Ordinance No 34, Series 2008 Page 52 Lift One Neighborhood M~A4-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, EAMES 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 53 Lift One Neighborhood Master 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 54 Lift One Neighborhood MNl-aster Plan MEMORANDUM TO: Mayor and City Council FROM: Transportation Department -John Krueger, Lynn Rumbaugh RE: Lift One Transportation Impacts DATE: January 2, 2009 MEETING DATE: January 14, 2009 REQUEST OF CITY COUNCIL Staff is requesting direction from Council regarding potential local bus route changes and possible Transportation Demand Management (TDM) measures that should be considered as part of the Lift One development proposal. PREVIOUS COUNCIL ACTION In February 2008, City Council approved a Convenience and Welfare of the Public (COWOP) process to develop a master plan for the Lift One area. A number of public hearings have taken place in 2008, with the next meeting scheduled for January 14, 2009. BACKGROUND The proposed eight acre redevelopment of the Lift One area of Aspen Mountain includes lodging, affordable housing, a parking structure, dining, a spa and a museum. The COWOP group retained TDA, Inc to develop a transportation report including trip generation estimates. TDA's report estimates that 1300 daily vehicle trips will be added on a peak winter day as a result of the proposed project. Access to the proposed development would be via South Aspen Street, an area currently un-served by a City transit route. DISCUSSION: The City's in-town transit system is currently undergoing a 5-year planning exercise. As part of this project, major proposed developments and their impacts on transit are being considered. As part of this process, staff is evaluating the impacts of re-routing existing routes to serve the proposed development. Routes that could possibly serve Lift One include the Galena Street and Cross Town Shuttles. Impacts of re-routing these services may include: •less frequent service; •the need to add vehicles and drivers; or •the need to drop other service areas to accommodate Lift One For example, the Cross Town Shuttle is not likely to serve Lift One and remain on 30- minute headways without either adding a shuttle and driver or eliminating another area of service, such as Ute Avenue. In addition to developing transit alternatives, staff would like to work with the COWOP and its transportation consultant on developing a comprehensive TDM program that could include: • employee carpools • coordination of shuttle services; • coordination of deliveries; • use of hotel shuttles to/from park & ride locations; • carshare vehicle(s) on site; • emergency ride home services FINANCIAL/BUDGET IMPACTS: The costs of re-routing an existing transit route are minimal, provided that additional shuttles and drivers are unnecessary. Should vehicles and drivers need to be added, a good estimate is $200,000 additional per year for the route. Staff is assuming a total construction materials cost of $178 million, generating approximately $3.7 million in use tax for transit over the life of the project. Staff will return to Council in March to further discuss transit options and costs as part of the transit planning process currently underway. ENVIRONMENTAL IMPACTS: Failure to implement a comprehensive TDM/transit program as part of this proposed development would result in increased vehicle trips and increased levels of PM-10. RECOMMENDED ACTION: Staff recommends the incorporation of the Lift One development into the current transit planning process to include a review of current routes that could be modified to accommodate this neighborhood. Staff also recommends that Council require the developer to work with the Transportation Department to develop a comprehensive TDM plan. ALTERNATIVES: Council could decide that transit service and TDM elements are not necessary for this development. Council could determine that transit service to this facility be provided outside of the City system. CITY MANAGER COMMENTS: January 8, 2009 ~14~~ `~ John Worcester City Attorney City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Re: Lift One COWOP Ordinance Dear John: As you know, the Mayor and certain Council Members expressed concern that the proposed Ordinance granting approval to the Lift One COWOP, should it be approved by the City Council, may not be sufficiently specific enough to avoid confusion when it comes time to draft a Master Development Agreement (MDA). There were certain issues that arose during the course of our discussions with the Council and staff members that warranted modification to Ordinance 34 language. To that end, we have tried to enumerate the concerns raised and the specific locations within the Ordinance wherein the concerns have been addressed and, also, to address other issues that may not be specifically addressed in the Ordinance. Affordable Housing The City's has raised concerns regarding the possibility that $130,000.00 may not be sufficient to cover the agreed upon per employee cost as well as a concern regarding the timing of the delivery of affordable housing units or the payment of cash-in-lieu. To that end, the Ordinance language has been modified to require for payment of any cash-in-lieu to be equal to the net subsidy per employee calculated based upon actual revenues and expenses. Also, we agree that the MDA shall also contain provisions to indicate that the payment in lieu may be provided by the developer either through a bonding mechanism satisfactory to the City or a voluntary real estate transfer assessment imposed upon the sale of units, at the election of the developer. Per the Mayor's request, affordable housing units used to meet the mitigation requirements shall be an average of between Category II and Category III units as defined by the Aspen/Pitkin County Housing Authority Guidelines in effect at the time a Certificate of Occupancy for each respective Project is issued. Response: Addressed in Section 16. Construction Management The Mayor wanted to see a greater level of commitment to limiting construction parking being a part of the Construction Management Plan set forth in Section 19 of the proposed ordinance. Additionally, there was a concern expressed regarding adherence to the City's noise ordinance Mr. John Worcester January 8, 2009 Page 2 for all construction activities, including stone cutting. Response: Addressed in Section 19 relative to Construction Management commitments for parking and noise. Specifically, the CMP requirements will include limitations on the size and number of vehicles parked onsite as well as a mass transit component for transporting workers. Additionally, we spoke with Randy Ready about construction parking in the neighborhood and comments from the Mayor during City Council meetings. Randy conveyed that as it relates to enforcement of license plate recognition, no additional language will be required in CMP, the parking staff believes that they can manage this with the License Plate Recognition System that will be in place during construction. This system will allow them to ticket vehicles that are parked for more than 2 hours in residential zone. Financial Assurances Section 5(n) of the proposed ordinance contains language that requires the MDA to provide for sufficient financial assurances so that public improvements and public amenities required by the Master Plan are actually completed. The Mayor wished to see a commitment to restoration as well. Response: Addressed in Section 5 (n). Transportation Plan There was a concern that there needed to be a provision in the Ordinance that whenever Lift 1-A is operational and the platter lift is not, for any reason, the developers shall provide free shuttle service for the skiers that would normally be served by the platter lift. Additionally, during the course of the public hearings there have been some general questions regarding the transportation plan beyond the lift access. Response: Section 27.3 requires that the project/s will operate a shuttle during ski seasons when surface lift is not operating. The combined projects are estimated to generate $3,200,000 in Use Taxes that are available for transit use. The City is studying an extension of the Cross Town and Galena St. Shuttles to the Lift One area based upon actual demand in comparison to other transit needs that could be funded with those new funds. Additionally, in Section 5 (r) the combined projects have committed to a Transportation Management Plan. Mr. John Worcester January 8, 2009 Page 3 Affordability of Ski Lockers Our understanding was that the Mayor wanted a provision that defines affordability for the ski locker rental with an annual adjustment by an amount not greater than the increase in the Consumer Price Index and that the Sub-letting of the ski lockers shall be prohibited. Response: Addressed in Section ~ (h). Mine Dumps Tenants We were asked to include provisions to insure that tenants of the Mine Dumps at the time they were asked to quit their units are given the right of first refusal to purchase Lodge at Aspen Mountain for sale affordable housing units constructed as mitigation in accordance with Ordinance No. 34, Series of 2008. Response: Addressed in Section 16.2 (f)(vi). Incorporation into Individual Subdivision Improvement Agreements The following language was specifically added to Section 7. ``Wherever reasonably necessary to do so, in the opinion of the City, in its sole discretion, provisions similar to those required by this Ordinance to be included in the MDA, shall be included in the individual Subdivision Improvement Agreements." Community ImprovementsBenefits During the course of the public hearing process there were questions raised regarding the timing of Community Improvements/Benefits as well as certainty for the delivery of these components of the Master Plan. Additionally, during the public hearings we explained that the easements and rights-of--way for the installation of improvements will be incorporated into the MDA and the Master Subdivision/Street Vacation Plat. Most notable of these is the easement for the installation and operation of the surface lift across the Lift One Lodge Project property. Response: Section 5 of the Ordinance specifically addresses the financial assurances that are to be a part of the MDA as well as the timing and completion of the Community ImprovementsBenefits. Adequate Funds to Complete Proiects Questions were raised about the financial capability of each applicant to complete its project. Response: We understand the City's concern about the financial capability of each applicant to complete that applicant's Project once it has started. Both applicants are prepared to condition the issuance of a building permit for each Project on confidential delivery to the City of reasonable evidence of financing sufficient to complete its Project. Mr. John Worcester January 8, 2009 Page 4 This evidence of financing will be in addition to the bonding required to ensure completion of public improvements, project amenities and the restoration of areas disturbed by construction. This commitment is contained in Section 5(0). Timing of Termination of Townhome Approval A question was raised regarding the appropriateness of extending the Centurion Townhome approval until execution of the Master Development Agreement. Response: Centurion has consistently represented that it will terminate its townhome approval upon recordation of the final PUD documents for an acceptable lodge/fractional ownership project on the LAM property. Virtually identical termination language appeared in last year's proposed Ordinance No. 45 (LAM Project), and Sunny Vann clearly stated Centurion's position on the matter in his December 17, 2007 letter to Chris Bendon requesting a further extension of the townhome approvals vested rights period, which extension was granted by Council. The Ordinance 34 approvals will terminate if a Master Development Agreement is not executed and recorded within two years. Thus, the approvals granted by Ordinance 34 will not be perfected until such recordation occurs, and Centurion cannot allow its existing approvals to terminate until the replacement approvals have been so perfected. It should be noted that Ordinance 34 also requires that an Individual PUD Agreement be recorded for LAM subsequent to the recordation of the Master Development Agreement before Centurion can apply for a building permit. Given this requirement, Centurion will have terminated its townhome approval prior to its actual ability to obtain a building permit. Tramway Board Approval A question had been asked as to what happens if there is not a Tramway Board variance granted for the surface lift installation and operation. Response: Addressed in Section 31. Vestin Questions had been raised relative to how the vesting of the entitlements works within the timeframe requested. A structure that is consistent with the "milepost" approach discussed during the public hearing process was incorporated. Response: Addressed in Section 3 (c) and the Development Agreement -Vested Rights. Energy Questions were raised by the Mayor and Council during the public hearing relative to the energy commitments associated with these projects. Response: Addressed in Section 28. Mr. John Worcester January 8, 2009 Page 5 Access to Lift One by Individuals with Disabilities The question was asked, how do disabled persons access Lift One when the surface lift is in operation? Response: There are various types of disabilities and many or most disabled skiers may use the platter lift. For those who cannot or choose not to use the surface lift, there is an elevator from the drop-off area near the lobby of the Lift One Lodge that takes one up to a level that would allow them to ski down to the new lift lA. Code Required handicap parking will be available in the garage of the Lift One Lodge which has elevator access to the ski area or skiers may be dropped at the entrance to the elevator. Basis for Underground Parking Questions were raised regarding the need for the underground parking which has been proposed below the Lift One Lodge and the Lodge at Aspen Mountain. Response: Staff forwarded a request for some additional information about the uses for the minimum of 200 parking spaces required for the Lift One Lodge and 238 parking spaces required for the Lodge at Aspen Mountain in the underground garage. The Lodges, free market and affordable housing, and commercial uses account for about 40% of the demand. Replacement parking for spaces lost in the neighborhood (in rights of way, Willoughby Park, Skico contract, and similar) account for about 40% of the demand, and about 20% of the demand is associated with Lift One Lodge Members, employee carpool parking, handicapped parking, shuttle vehicle parking, possible car share parking, and various other small users. Parking commitments are located in the Ordinance in Sections 5 (g) and Table 1, Sections 11.1 and 11.2 and Section 17. I believe that these points address the comments that we have received either in writing or verbally from the Mayor and Council Members during the deliberations relative to Ordinance 34. Please feel free to contact us upon your review of this information. Sincerely, John Sarpa Aspen Land Fund 1[ Lodge at Aspen Mountain Robert E. Daniel, Jr. Roaring Fork Mountain Lodge -Aspen, LLC Lift One Lodge cc: Dave Myler, Esq. Art Daily, Esq. David E. Bellack, Esq.