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HomeMy WebLinkAboutordinance.council.028-11RECEPTION#: 585785, 01/10/2012 at ORDINANCE N0.28 09:46:33 AM, (SERIES OF 2011) 1 OF 37, R $191.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL GRANTING FINAL PLANNED UNIT DEVELOPMENT APPROVAL, SUBDIVISION APPROVAL, REZONING APPROVAL, FINAL TIMESHARE APPROVAL, GROWTH MANAGEMENT APPROVALS, APPROVAL OF RIGHT-OF-WAY VACATIONS, APPROVAL OF ASSOCIATED LAND USE REVIEWS, AND AUTHORIZING ISSUANCE OF A DEVELOPMENT ORDER FOR A SITE SPECIFIC DEVELOPMENT PLAN FOR THE LIFT ONE LODGE SUBDIVISION/PLANNED UNIT DEVELOPMENT LOCATED ON PROPERTY COMMONLY KNOWN AS 233 GILBERT STREET, 710 SOUTH ASPEN STREET, 720 SOUTH ASPEN STREET, WILLOUGHBY PARK AND LIFT ONE PARK, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-131-168-51,2735-131-210-01,2735-131-210-02, 2735-131-198-51,2735-131-190-01 WHEREAS, the Community Development Department received an application for the Lift One Lodge Subdivision/PUD (the Application) from Roaring Fork Mountain Lodge — Aspen, LLC (Applicant), represented by Sunny Vann of Vann Associates, and with consent from the City of Aspen and the Historical Society of Aspen, for the following land use review approvals: • Final Planned Unit Development, pursuant to Land Use Code Chapter 26.445. • Final Timeshare, pursuant to Land Use Code Chapter 26.590. • Subdivision, pursuant to Land Use Code Chapter 26.480. • Amendment to the Zone District Map, pursuant to Land Use Code Chapter 26.310. • Growth Management Review — Replacement of Existing Commercial and Lodge Development, pursuant to Land Use Code Chapter 26.470. • Growth Management Review — Replacement of Demolished Multi -Family Units, pursuant to Land Use Code Chapter 26.470. • Growth Management Review — Incentive Lodge Development, pursuant to Land Use Code Chapter 26.470. • Growth Management Review — Essential Public Facility, pursuant to Land Use Code Chapter 26.470. • Growth Management Review — Affordable Housing, pursuant to Land Use Code Chapter 26.470. • Special Review for Average Lodge Unit Size: An application for Special Review to consider the average lodge unit size, pursuant to Land Use Code Chapter 26.430. • Conditional Use for Restaurant and Bar, pursuant to Land Use Code Chapter 26.425. • Conditional Use for Dormitory Units, pursuant to Land Use Code Chapter 26.425. %, • Mountain View Plane Review, pursuant to Section 26.435.050. • Condominiumization, pursuant to Land Use Code Section 26.480.090. Ordinance No. 28, Series 2011. Page I of 37 • Commercial Design Review, pursuant to Land Use Code Section 26.412. • Right -of -Way Vacations, pursuant to C.R.S. 43-2-303 for certain streets, easements, and alleyways within the project site. • Extended Vested Rights, pursuant to Land Use Code Chapter 26.308, for a 10 -year period. ; and, WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day of initial application — November 24, 2006, as applicable to this Project; and, WHEREAS, the subject Properties are commonly known as Willoughby Park, Lift One Park, 233 Gilbert Street, 710 South Aspen Street, and 720 South Aspen Street, City of Aspen, Colorado, and as more fully described in Exhibit A, attached hereto; and, WHEREAS, the Application for the Lift One Lodge Subdivision/PUD proposes: On Lot I — Lift One Lodge: • A multi -story structure consisting of 22 timeshare lodging units divided into one-eighth (1/8) interests with a total of 176 owner interests. With "lock -off' capability, the 22 units represent a total of 84 keys. • 5 free-market residential units. • A sub -grade parking garage with no more than 155 parking spaces, 50 of which dedicated for public use as replacement of lost parking on South Aspen Street and the current Willoughby Park surface parking. 105 spaces are for lodge, commercial, residential, dormitory, and other uses associated with the lodge. • Subgrade utility infrastructure including a ground -source heat system. • A public restaurant and apres ski area. • Fitness facilities. • Lodge guest facilities. • Public access and ski easements. • Ski area operations On Lot 2 — Skiers Chalet Steakhouse: • A relocated and rehabilitated Skier Chalet Steakhouse building containing housing for 16 employees in 8 dormitory -style units. • Subgrade utility infrastructure including a ground -source heat system. On Lot 3 — Lift One Park: • A public park. • One lift tower of the historic Lift One apparatus. • Underground parking (part of the subsurface parking garage on Lot 1) • Subgrade foundations and structural support systems, and utility infrastructure including a ground -source heat system. • Public access and ski easements. • Ski area operations Ordinance No. 28, Series 2011. Page 2 of 37 On Lot 4 — Willoughby Park: • A public park. • A relocated and rehabilitated Skier Chalet Lodge and pool house buildings containing Historical Society Museum. • The historic Lift One terminal and wheelhouse. • A skier drop off area. • Underground utility systems, inclusive of a ground -source heat system • Public access and easements • Ski area operations ; and, WHEREAS, pursuant to Section 26.445; Planned Unit Development, and Section 26.590, Timeshare Development, a Conceptual approval must be granted by the Aspen City Council Prior to Final Review and was granted by the Aspen City Council via Resolution No. 52, Series of 2009; and, WHEREAS, pursuant to Section 26.415.070.D., Certificate of Appropriateness for Major Development, of the Land Use Code, Final approval may be granted by the Historic Preservation Commission (HPC) at a duly noticed public hearing and was granted for the review of Willoughby Park, Lift 1 Park, and Skier's Chalet Steakhouse by the HPC on November 10, 2006, via Resolution No 14, Series of 2010, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Fire Protection District, Environmental Health Department, Parks Department, Parking Department, Aspen/Pitkin County Housing Authority, Public Works Department, and the Transportation Department as a result of the Development Review Committee meeting; and, WHEREAS, pursuant to Section 26.470.040.C.7, Affordable Housing, of the Land Use Code, a recommendation from the Aspen/Pitkin County Housing Authority is required and a recommendation for approval by the board was provided at their March 2, 2011, regular meeting; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the proposed Final PUD and Final Timeshare and recommended approval with conditions; and, WHEREAS, pursuant to Chapter 26.445 of the Land Use Code, Final PUD approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Chapter 26.480 of the Land Use Code, Subdivision approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Chapter 26.310 of the Land Use Code, an amendment to the Official Zone District Map (Rezoning) may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, Ordinance No. 28, Series 2011. Page 3 of 37 WHEREAS, pursuant to Chapter 26.590 of the Land Use Code, Final Timeshare approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Chapter 26.304, Common Development Review Procedures, and Section 26.304.060.B.4, Modification of Review Procedures, all other necessary land use reviews, as identified herein, have been combined to be considered by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, such combination of review procedures was done to ensure clarity of review, was accomplished with all required public noticing provided as evidenced by an affidavit of public noticing submitted to the record, and the public was provided a thorough and full review of the proposed development; and, WHEREAS, the Planning and Zoning Commission reviewed the Application during multiple public hearings in which the recommendations of the Community Development Director and comments from the public were requested and heard by the Planning and Zoning Commission; and, WHEREAS, during a regular meeting on June 7, 2011, the Planning and Zoning Commission opened a duly noticed public hearing, considered the Application, received presentation from the Applicant including information in Power Point and physical model forms, considered the comments and recommendations of the Community Development Director, considered comments and recommendations of other members of City staff, considered comments and suggestions offered by members of the public, considered questions and responses by staff or the Applicant, considered comments and discussion by Commission members, and continued the public hearing to June 14, 2011, June 21, 2011, July 5, 2011, July 19, 2011, August 2, 2011, August 2, 2011, and August 23, 2011 at which hearings additional presentations, recommendations, information, questions and answers, public comments and suggestions, and Commission discussion occurred; and, WHEREAS, during a regular meeting on August 23, 2011, the Planning and Zoning Commission opened a duly noticed public hearing to consider the Application, found the Project meeting or exceeding all applicable development review standards, and recommended City Council approve the Lift One Lodge Subdivision/PUD Application and all necessary land use reviews, as identified herein, by a four to three (4-3) vote, with the recommended conditions of approval listed hereinafter; and, WHEREAS, the Aspen City Council finds that the streets, alleyways and easements to be vacated by this Ordinance, as identified in Section 1.2, which are adjacent to land owned by the Applicant, are not owned in fee by the City, are no longer necessary for any public purpose and, as of this determination, will no longer be in use for public purposes. Furthermore, the Aspen City Council finds that it is in the best interest of the City to vacate the streets, alleyways and easements identified in Section 1.2 in furtherance of the public benefits associated with the development proposal approved hereby, including the private land areas to be dedicated or devoted to public purposes and community benefits. This Ordinance constitutes a vacation ordinance as described and required by the provisions of C.R.S. 43-2-303(1)(a). The vacations shall be effective upon recordation of the plat as described in Section 1.2; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, opened a duly Ordinance No. 28, Series 2011. Page 4 of 37 noticed public hearing, considered the Application, received presentation from the Applicant including information in Power Point and physical model forms, considered the comments and recommendations of the Community Development Director, considered comments and recommendations from other members of City staff and referral agencies, considered comments and recommendations of the City of Aspen Planning and Zoning Commission, considered comments and suggestions offered by members of the public, considered question responses by staff and the Applicant, considered comments and discussion by fellow Council members; and, WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all applicable development standards of all applicable land use reviews, as identified herein, with conditions, and that the approval is consistent with the goals and elements of the 2000 Aspen Area Community Plan; and, WHEREAS, the Aspen City Council finds that this 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, as follows: The Lift One Lodge Subdivision/PUD Final Planned Unit Development is hereby granted all necessary land use approvals including Subdivision approval, Rezoning approval, Final Timeshare approval, Growth Management approvals, approval of all associated land use reviews cited herein. The vacation of the streets, alleyways and easements as described in Section 1.2 pursuant to C.R.S. 43-2-302(1)(a) is hereby approved and a Development Order for a Site . Specific Development Plan for the Lift One Lodge Subdivision/PUD, subject to conditions of approval listed herein is hereby issued. Section 1: Lift One Lodge Subdivision/PUD Plat, Street Alleyway and Easement Vacation Plat, & Final PUD Plans Within one year following the date of final approval by the City Council, the record owners of the underlying lands shall prepare and submit a Subdivision Plat, Street Alleyway and Easement Vacation Plat, and Final PUD Plans for the Lift One Lodge Subdivision/PUD to be reviewed to ensure each item and condition of approval is documented to the satisfaction of the Community Development Director, the City Engineer, and the City Attorney prior to final signatures by the Mayor and recordation. 1.1 A Subdivision Plat that subdivides the land into the following parcels, as depicted on the Proposed Subdivision Map, attached as Exhibit B. Lift One Subdivision/PUD Lot 1: Lift One Lodge Lift One Subdivision/PUD Lot 2: Skiers Chalet Steak House Lift One Subdivision/PUD Lot 3: Lift One Park Lift One Subdivision/PUD Lot 4: Willoughby Park & Ski Museum The Subdivision Plat shall grant certain perpetual easements as follows: a. A easement to the Aspen Skiing Company, the City of Aspen, and the Roaring Fork Mountain Lodge — Aspen, LLC, or successors and assigns, through Lots 1, 3, and 4 for purposes of constructing, operating, and maintaining a surface lift and other associated improvements necessary for uploading skiers from Willoughby Park to a point south of Lot 1 such that a skier could access Lift I or a relocated Lift IA. Ordinance No. 28, Series 2011. Page 5 of 37 b. An easement granted to the Aspen Skiing Company, the City of Aspen, and the Roaring Fork Mountain Lodge — Aspen, LLC, or successors and assigns, through.Lots 1, 3, and 4 for purposes of constructing, operating, and maintaining a skiing corridor and associated improvements and operations necessary for skiing, including creating and maintaining acceptable snow surface conditions for skiing. c. A perpetual public pedestrian access easement through the center portion of Lot 1 proximate to the auto court and through the southerly portion of Lot 2 allowing access to and from South Aspen Street, Lift One Park, and Willoughby Park. d. A perpetual public recreation, access, and maintenance easement through Lots 1, 3, and 4, including those sections of former Gilbert and Hill Street public rights-of-way directly north and south of Lift One Park, allowing continuous access from Willoughby Park through Lift One Park and through the portion of Lot 1 directly south of Lift One Park. e. A perpetual subsurface easement beneath Lot 3, Lift One Park, and a portion of the Gilbert Street right-of-way for the use and benefit of the Lift One Lodge Project for purposes of constructing, accessing, operating, using, and maintaining a below grade parking garage and other lodge facilities, foundations and structural support systems, and utility infrastructure including a ground source heat system. f. A perpetual subsurface easement beneath Lots 1 and 3 for the use and benefit of the general public for purposes of accessing and using portions of the parking garage allocated for public use and subject to reasonable restrictions, limitations, and usage fees as outlined in the Lift One Lodge Parking Garage Operations Plan, as may be amended from time to time. g. A six-foot wide "no -build" and maintenance easement on the surface of the property along the east and west property boundaries of Lot 3 and along the western property boundary of Lot 4 for the purposes of accommodating sufficient fire protection and fire code compliance for the proposed improvements on Lot 1 and Lot 2 and to accommodate the periodic maintenance of same. h. A perpetual snow storage easement along the western edge of Lots 1, 2, and 4 for the purposes of accommodating snow storage from street plowing. The easement is only needed in locations where the planting buffer between the street curb and the sidewalk is located on private property. 1.2 A Street, Alleyway and Easement Vacation/Dedication Plat that accomplishes the following changes to public rights-of-way as depicted on the Proposed Street Vacation/Dedication Map, attached as Exhibit C: a. Vacation of the eastern 37.5 feet of South Aspen Street from the centerline of the Hill Street right-of-way north to the southern edge of the Deane Street right-of-way. b. Dedication to public right-of-way an area within the northwest portion of Lot 4, Willoughby Park, associated with the proposed turn -around and drop-off area at the comer of South Aspen and Deane Street. The final design and exact dimensions of this dedication shall be as depicted and described in the Subdivision Plat. c. Vacation of the northern 25 feet of Hill Street east of the South Aspen Street right-of- way to the eastern boundary of the Eames Addition. That portion of vacated Hill Street Ordinance No. 28, Series 2011. Page 6 of 37 abutting proposed Lot 3 shall be conveyed by the City of Aspen to the Applicant to be incorporated into proposed Lot 1. d. Vacation of the remaining dedicated portions of the alleyway of Block 9, Eames Addition. e. Vacation of a Utility and Alleyway Easement encumbering the eastern 10 feet of Lot 2 Block 9, Eames Addition, recorded at Book 203, Page 375. £ Vacation or extinguishment of an easement for skiing purposes assigned to the City of Aspen in connection with the conveyance of Lift One Park which affects Parcel B g. Vacation of Gilbert Street from the eastern edge of the South Aspen Street right-of-way east to a line extending south from the boundary between Lots 11 and 12 of Block 8 and connecting to the boundary between Lots 3 and 4 of Block 9, Eames Addition. h. Vacation of Juan Street east of the South Aspen Street right-of-way to the eastern boundary of the Eames Addition. i. Vacation of the alleyway of Block 8, Eames Addition. That portion of the vacated alleyway abutting proposed Lot I shall be conveyed by the Applicant to the City to be incorporated into proposed Lot 4. j. Vacation of the alleyway of Block 7, Eames Addition. k. Vacation or extinguishment of an easement for skiing purposes assigned to the City by the Aspen Skiing Company in connection with the conveyance of Lift One Park which affects a portion of Parcel B (part of proposed Lot 1). 1.3 A Final PUD Development Plan Set that includes: a. An illustrative site plan showing the layout of planned improvements as depicted in attached Exhibit D. b. An architectural character plan showing the massing, fenestration, and materials of each building as generally depicted in attached Exhibit E. c. Dimensioned drawings of all buildings proposed within the project showing dimensions for all zoning parameters in graphic and tabular format. Project dimensions approved for the project are as described in Exhibit F. Heights of building shall be in substantial conformance with those depicted in attached Exhibit G. d. An exterior lighting plan meeting the City's outdoor lighting limitations. e. Illustrative plans for the reconstruction of South Aspen Street and for that section of Deane Street right-of-way between the South Aspen Street and South Monarch Street. The Plan shall be coordinated with the City of Aspen Community Development, Parks, and Engineering Departments. All of the $250,000 allocated to Deane Street improvements by Ordinance No. 32, Series of 2005 (the Chart House contribution) shall be allocated by the City for the design and implementation of these improvements. The skier drop off area planned for the intersection of Deane and South Aspen Streets shall be Option 2 of Exhibit 4 of the civil plan supplemental to the application submitted May 5, 2011, prepared by SGM Engineering and attached hereto as Exhibit H. The design for South Aspen Street north of Deane Street shall be Option 2 of Exhibit 2 of the civil plan supplemental to the application submitted May 5, 2011, prepared by SGM Engineering and attached hereto as Exhibit H. Ordinance No. 28, Series 2011. Page 7 of 37 f. A Master Utility Plan including profiles and sections acceptable to the City Engineer and the City of Aspen Utilities Department. Some modification of the proposed location of dry utilities may be necessary to avoid over digging of adjacent properties and to avoid access lids within sidewalks. g. A Drainage Plan and report that complies with the City's Urban Runoff Management Plan. Pursuant to review by the City Engineer, the initial drainage concept appears to comply. In addition to site drainage, the project will have to address street drainage. The project proposes to change the hydraulics and capacity of Aspen Street's drainage system. Therefore, the project will be required to install curb, gutter and other drainage control features (such as inlets and piping) on both sides of the street. (Also see infrastructure investment recapture provisions of sections 3.1, 3.2, and 3.3.) Because the enhanced sanding method for maintaining Aspen street in winter months will have negative impacts on street runoff water quality, the City Engineer will require additional water quality mitigation efforts that comply with the Urban Runoff Management Plan. The project will need to provide plans for water quality treatment of Aspen Street runoff. The proposed island off of Deane Street and the bulb outs on South Aspen Street may be potential locations for water quality improvements as determined acceptable by the City Engineer and City of Aspen Parks Department. h. An Interpolated Natural Grade Plan. i. A Tree Removal and Mitigation Plan j. A Landscape Plan for each of the four lots. The landscape plans should be reviewed and approved by The Parks Department with a required signature on the Landscape sheets. To the extent practical, planting strips within the right-of-way should provide 5 feet or more in width between the back of curb and the edge of the sidewalk. Planting strips should be designed with 4 feet of good quality topsoil and growing media. The Applicant will be required to use structural soils where a non -compacted continuous root zone cannot be provided. These soils will be required within the City rights-of-way and/or as may be required on the private property. Structural Soils are applicable in situations where tree rooting potential is insufficient in designated planter areas adjacent to sidewalks. Spacing and type of tree must be coordinated with the Parks Department. Sidewalks shall be designed and built in a manner that reduces the impact to existing trees and roots systems. All sidewalks located within the drip line of trees to be saved shall be built on grade in a manner that allows for the sub -grade prep and sidewalk to float over the roots preventing any excavation into the soil. All work in protection zones is to be accomplished by handwork only, without machines. Plantings within the City right-of- way must be approved by the City Parks Department. All plantings along the edge of private property and the City ROW should be of size and species which will not require major maintenance, pruning, or trimming due to over growth. Tree lighting electrical conduits must comply with City of Aspen standards; The landscape plans shall include provision of irrigation connections that provide adequate pressure and coverage, for landscaped areas of the right-of-way and the two public parks. The City shall be provided adequate access to maintain and control irrigation of the two public parks. The Development Agreement shall address Ordinance No. 28, Series 2011. Page 8 of 37 maintenance, control, and responsibilities for the irrigation for these two parks to the satisfaction of the Parks Department. k. A plan for a stub and manifold for an additional zone of the sidewalk snowmelt system to accommodate a future snowmelt system for that section of South Aspen Street between Durant Street and Deane Street acceptable to the City Engineer. Section 2: Rezoning Contemporaneously with and effective upon the recording of the Subdivision and Street Vacation Plats the Lots within this Subdivision, as described above and reflected in the Subdivision Plat, shall be zoned as follows: Lot 1: Lodge, Planned Unit Development (L -PUD) Lot 2: Lodge, Planned Unit Development, Historic (L -PUD -H) Lot 3: Public, Planned Unit Development, Historic (P -PUD -H) Lot 4: Public, Planned Unit Development, Historic (P -PUD -H) Section 3: Development Agreement Contemporaneously with the recording of the Subdivision and Street Vacation Plats, the record owners of the lands within the Lift One Lodge Subdivision/PUD shall prepare, execute and record a Development Agreement meeting the requirements of Section 26.445.070.0 to be reviewed to ensure each item and condition of approval is documented to the satisfaction of the Community Development Director, the City Engineer, and the City Attorney prior to final signatures by the Mayor and recordation. The Development Agreement shall set forth a description of the proposed improvements and obligations of the parties, including the following: 3.1 The reconstruction of South Aspen Street, Deane Street, and associated sidewalks, curbing and drainage improvements as depicted in the Final PUD Plans. The Development Agreement shall include a provision that the City shall require that in the event property owners adjacent to improved portions of South Aspen Street seek improvements to their property such property owners shall be responsible for their prorata share of the cost of the improvements associated with this section and such costs shall be reimbursed to the Applicant prior to the adjacent property owner receiving their building permit. The prorata share shall be further defined in the Development Agreement but generally will be based upon linear feet of frontage along South Aspen Street as compared to the total amount of property frontage along South Aspen Street. The City of Aspen as owner of property along South Aspen Street shall not be subject to this reimbursement as their prorata share shall be bome by the Applicant. The reconstruction shall include implementation of the initial infrastructure needed to add a snowmelt system for South Aspen Street between Durant Street and Deane Street consisting of a stub and manifold within the sidewalk snowmelt system allowing for a future zone to be added at the discretion of the City. 3.2 The installation and/or relocation of all utilities depicted and described in the Master Utility Plan of the Final PUD Plans. The Development Agreement shall include a provision that the City shall require that in the event property owners adjacent to improved portions of South Aspen Street seek improvements to their property such property owners shall be responsible Ordinance No. 28, Series 2011. Page 9 of 37 for their prorata share of the cost of the improvements associated with this section and such costs shall be reimbursed to the Applicant prior to the adjacent property owner receiving their building permit. The prorata share shall be further defined in the Development Agreement but generally will be based upon linear feet of frontage along South Aspen Street as compared to the total amount of property frontage along South Aspen Street. The City of Aspen as owner of property along South Aspen Street shall not be subject to this reimbursement as their prorata share shall be bome by the Applicant. 3.3 The installation of all drainage facilities depicted and described on the Drainage Plan of the Final PUD Plans. The Development Agreement shall include a provision that the City shall require that in the event property owners adjacent to improved portions of South Aspen Street seek improvements to their property such property owners shall be responsible for their prorata share of the cost of the improvements associated with this section and such costs shall be reimbursed to the Applicant prior to the adjacent property owner receiving their building permit. The prorata share shall be further defined in the Development Agreement but generally will be based upon linear feet of frontage along South Aspen Street as compared to the total amount of property frontage along South Aspen Street. The City of Aspen as owner of property along South Aspen Street shall not be subject to this reimbursement as their prorata share shall be bome by the Applicant. 3.4 Identification of all public improvements to be subject to Section 3.15 Financial Assurance and Performance Bond. This shall include provision of $62,000 for purchase and outfitting a sanding truck for the City of Aspen dedicated for South Aspen Street winter maintenance and a lump sum payment of $20,000 for the annual provision of special sanding material. 3.5 An agreement to provide a public locker facility. The facility shall have a mix of 40 day lockers, 50 seasonal lockers and 40 shoe cubbies all in no less than 900 square feet with direct access to the ski corridor as represented in the Final PUD Application. The seasonal lockers shall be made available to the general public free of charge on a seasonal basis via a valley -wide lottery and daily lockers and cubbies on a first come, first served basis. The seasonal locker rental agreements shall prohibit assignment and subrental. 3.6 An agreement to provide a dedicated maintenance/storage facility of up to 290 square feet within the parking garage for the use by the City of Aspen Parks Department for the storage of maintenance vehicles used for maintenance of parks facilities located within the central area of Aspen. 3.7 A Modified Historical Society Ski Museum Lease Agreement between the Historical Society and the City of Aspen is contemplated, with approval from the City Attorney's Office and the Parks Department. The lease agreement will be modified to include an operations plan clearly indentifying and describing the leased areas within Willoughby Park and general operating characteristics of the museum including typical operation, special events, outdoor uses, outdoor displays/exhibits, permitting responsibilities, and maintenance responsibilities of the grounds. The operations plan shall describe public access to the museum, and limits thereto, and provide flexibility for insignificant changes from time to time. The operations plan shall recognize and permit public access to all exterior areas of Willoughby Park, excluding exterior areas restricted for safety, security, or similar considerations, and shall permit pedestrian and skiing access in and through these exterior areas. The operations plan shall specify expectations and responsibilities regarding Ordinance No. 28, Series 2011. Page 10 of 37 maintenance of improvements and the grounds, including irrigation, and shall include enforcement provisions and remedies. The operations plan shall permit occasional changes to the operating characteristics of the property and the responsibilities of the parties by approval of the City Manager and the Historical Society Director. If the Manager and the Director cannot agree, the changes shall be forwarded to the Aspen City Council for resolution. Failure to agree on an operations plan shall not unreasonably restrict the Applicant from proceeding with finalizing other required documents or proceeding with other aspects of the development plans. If necessary, this provision may be amended to be finalized prior to issuance of a Certificate of Occupancy on the museum building located in Willoughby Park. 3.8 A Skiing & Snow Surface Conditioning and Maintenance Agreement between the Applicant and the City of Aspen to regularly groom and maintain the snow conditions in the surface lift corridor from Willoughby Park to the Lift IA terminal. The agreement shall allow a third party operator to provide this service. This agreement may include operational provisions and usage limitations for safety and functional reasons. This agreement shall not prohibit the making, moving, spreading, and grooming of this area and preparing of an artificial snow base in the ski and surface lift corridor in accord with typical annual snowmaking, terrain opening logistics, and mountain operations. 3.9 A final Transportation Management Plan, approved by the Transportation Director. The conceptual plan is acceptable, as outlined in the April 27, 2011, TDA Traffic Analysis in the TDM section on pages 22 and 23. The following changes are required: a. Provision of a Lift One Lodge Garage Operations Plan for the 50 public parking spaces including pricing, entry/exit technology, residential permit distribution and monitoring, carpool parking distribution and monitoring, enforcement and special event usage. Staff requests the designated parking spaces for carshare and carpool uses be combined to a pool of 11 TDM -related parking spaces that can be utilized for either use as determined appropriate by the City Parking Director every two years during the first 10 years. For example these spaces could become 3 carshare spaces and eight carpool spaces or whichever combination is deemed appropriate at that time. b. A reporting requirement every two years for the first 10 years to include garage usage trends and TDM program participation. At each two-year cycle, elements of the Plan may be changed as needed and as acceptable to the City Transportation Director and the Applicant. 3.10 Timeshare and Transfer Disclosure Documents. An agreement to incorporate the requirements and restrictions of the City's Timeshare Regulations into the final timeshare instruments, including State requirements, provisions for reserve funds for ongoing maintenance, prohibited practices and uses, limits on marketing techniques, a prohibition against long-term storage of owner vehicles, and prohibitions on offering non -Aspen gifts within a marketing plan. Real estate transfer documents shall include disclosure of the future construction, operation, and maintenance of a surface lift uploading skiers from Willoughby Park to a point south of Lot 1 through the easement described in Section l.l.a, above, and in the recorded Subdivision Plat. Ordinance No. 28, Series 2011. Page I I of 37 Real estate transfer documents shall include disclosure of the future construction, operation, and maintenance of a skiing corridor and associated improvements and operations necessary for skiing, including creating and maintaining acceptable snow surface conditions for skiing through the easement described in Section 1. Lb, above, and in the recorded Subdivision Plat. Real estate transfer documents shall include disclosure of the public rental requirement for time spans not utilized by owners as cited below in section 3.12 and as included in the Condominium Declaration. 3.11 Occupancy report. After the third and fifth years of lodge operation the Applicant shall be required to provide an occupancy report. The report shall include occupancy rates by month, season, and year and by type of occupant (i.e. owner or general public). This report shall be submitted to the Community Development Director and shall be made available to the Planning and Zoning Commission and the City Council. 3.12 A public rental requirement assuring that unused lodge rooms will be available to the general public at market rates so as to encourage their rental. Such rental requirement shall be documented in the Lift One Lodge Condominium Declaration and shall contain a provision that this requirement cannot be eliminated from the Condominium Declaration without approval from the City of Aspen City Council. 3.13 A plan for dormitory operations, including the following: a. A statement by the Applicant that the deed restriction and subsequent rental rate restrictions are being provided voluntarily by the Applicant. b. The template lease for the on-site dormitory units must be reviewed by APC14A along with the initial rental amount as it is not stated in the Guidelines. Once the rental amount is set and stated in the recorded deed restriction, the rent may increase annually by the lesser of 3% or the Consumer Price Index, as such index is stated in the APCHA Guidelines. c. The dormitory units must be rented to qualified employees within Pitkin County and must be qualified through APCHA prior to occupancy. If the owner is unable to fill the units with employees of the development, then the units shall be leased to other qualified employees. The owner must provide signed leases to APCHA within five days of both parties' signatures. The leases shall be for at least a six-month period of time. d. The owner/operator of the dormitory units must provide and maintain the following amenities for use by the tenants: a common laundry facility in the basement area; eight reserved parking spaces within the Lift One Lodge parking garage; sixteen storage units (one for each resident) in the basement area; a fully functional kitchen and common area. e. The ongoing maintenance and upkeep of the dormitory units. f Paid memberships to the car -to -go program for dormitory residents for the first 5 years of operation of Lift One Lodge. 3.14 An Employee Generation Audit and Reconciliation. The Applicant shall agree to submit an employee generation audit two years after operations have commenced and reconcile any difference in actual additional employees and mitigated employees. The agreement shall require mitigation of additional employees be provided through the provision of housing units within the Urban Growth Boundary including "buy -downs", the provision of cash -in - Ordinance No. 28, Series 2011. Page 12 of 37 lieu at the rate applicable on the date of payment, the provision of employee mitigation credits for extinguishment, or a combination thereof. The Applicant shall agree that the City may revoke the Certificate of Occupancy for Lift One Lodge as a remedy if after proper notice and remedy to cure the Applicant fails to provide required additional mitigation within a reasonable timeframe or other such remedies as identified in the Development Agreement. Credit for actual additional employees being less than mitigated shall be reconciled by City issuance of employee mitigation credits in the amount of overage. 3.15 Financial Assurances & Performance Bond. The Development Agreement shall include the Applicant's commitment and agreement that before a Building Permit is issued for the Lift One Lodge on Lot #1, the Applicant shall provide to the Community Development Director and the City Attorney for review and approval satisfactory evidence that the Applicant has in place sufficient financing to accomplish and complete the construction of the development, including all public improvements required under the Development Agreement and covered by the Building Permit. Such financing may include, without limitation, a construction loan from an institutional lender or lenders and equity capital investments from the Applicant and/or third party investors. Supporting cost estimates for all improvements covered by the requested Building Permit shall be prepared by the Applicant's General Contractor. The Applicant shall further commit and agree that before a Building Permit is issued for the Lift One Lodge on Lot 1, the Applicant shall provide to the Community Development Director and the City Attorney for review a copy of a Performance and Payment Bond issued or committed to be issued to the Applicant's General Contractor by an institutional surety company. The Performance and Payment Bond shall name the Applicant as the beneficiary or insured thereunder to grant them a direct right of action under the Performance and Payment Bond in order to construct or finish public improvements, and to complete the construction of the improvements covered by the Bond. Separately, the Applicant shall provide the City of Aspen with an assignment of its rights under the Performance and Payment Bond. 3.16 Site Protection Fund. The Development Agreement shall include the Applicant's commitment and agreement that before a Building Permit is issued for the Lift One Lodge on Lot 1, the Applicant will deposit with a title company ("Escrow Agent") the sum of $100,000 in the form of cash or wired funds (the "Escrow Funds") and will execute an Escrow Agreement and Instructions with the Escrow Agent which recites and agrees as follows: In the event construction work on Lift One Lodge on Lot #1 shall cease for sixty (60) days or longer (`work stoppage') without a cure of such work stoppage after fifteen days (15) days notice by the City and such work stoppage not being a result of any event of force majeure, prior to a final inspection by the City of the work authorized by the Foundation/Structural Frame Permit on the Project, then the City in its discretion may draw upon the Escrow Funds from time to time as needed for purposes of protecting and securing the Project site and improvements from damage by the elements and/or from trespass by unauthorized persons, and for purposes of improving the Project site to a safe condition such that it does not become an attractive nuisance or otherwise pose a threat to neighbors or other persons. The Ordinance No. 28, Series 2011. Page 13 of 37 Escrow Funds or any remaining balance thereof shall be returned to the Applicant upon completion by the City of a final inspection of the work authorized by the Foundation/Structural Frame Permit on the Project. The City shall be a named third party beneficiary of the Escrow Agreement with the express right and authority to enforce the same from time to time. 3.17 Cross -References. The Development Agreement shall include cross-references to recorded plats, easements, agreements, and PUD plan sets as described herein. 3.18 Tramway Variance. Documentation of the State Tramway Board variance provided for the surface lift. Section 4: Growth Manaaement and Affordable Housing Obligations 4.1 Reconstruction Credits. City Council Resolution No. 52, Series 2009 confirmed the following reconstruction credits have been verified by the City of Aspen and shall be credited towards the Growth Management Quota System allotment and affordable housing requirements of the Lift One Lodge Project. a. A total of 38 lodging reconstruction credits consisting of 20 lodge units in the former Holland House Lodge; 10 lodge units in the former Skiers Chalet Lodge; and 8 lodge units in the former Skiers Chalet Steak House are credited towards the Lift One Lodge Project's lodging GMQS allotment request. The 38 reconstruction credits equate to 76 lodging pillows for allotment purposes. b. One free market residential reconstruction credit from the former Holland House Lodge is credited towards the Lift One Lodge Project's free market residential GMQS allotment request. c. A commercial reconstruction credit of 2,429 square feet of net leasable area from the Skiers Chalet Steak House is credited towards the Lift One Lodge Project's commercial GMQS allotment request. 4.2 Growth Management Allotments. The following growth management allotments are granted to the Lift One Lodge Project: a. 46 lodging bedrooms = 92 lodging pillows. Added to the reconstruction credits, the project represents 84 lodging bedrooms or 168 pillows. b. 4 free market residential allotments. Together with the reconstruction credits, the project contains 5 free-market residences. c. 2,834 square feet of net leasable commercial space. Added to the reconstruction credit of 2,429 square feet, the project contains approximately 5,263 square feet of commercial net leasable space. The project's commercial net leasable area is preliminary in nature and based on an assumed ratio of net leasable to gross square footage of 85 percent. Minor adjustments to the final net leasable figure may occur. d. 8 units of affordable housing situated in a dormitory -style building on Lot 2 and housing 16 employees. The building contains approximately 3,184 square feet of floor area plus additional basement space. Ordinance No. 28, Series 2011. Page 14 of 37 e. An essential public facility - the ski museum owned and operated by the Aspen Historical Society, a not-for-profit organization. The building and former pool house contains approximately 4,400 square feet of floor area with additional basement space. 4.3 Lift One Lodge Employee Generation. The Applicant has committed to provide affordable housing mitigation for 100 percent of the net additional employees generated by the lodging project. This exceeds the 60% requirement. The Project's employee generation is as follows: Employee Mitigation Generation Requirement The Lift One Lodge Project contains 84 lodge bedrooms and has a reconstruction credit of 38 bedrooms. The 23.0 6.9 Project's 46 net new lodge bedrooms are expected to generate 23 employees. The Project will contain 5,263 square feet of net leasable commercial space of which 2,429 is a reconstruction credit from the Skiers Chalet Steakhouse. The Project's 8.77 2.63 additional net leasable commercial space of 2,834 square feet is expected to generate 8.77 employees. The Project will contain 5 free-market residences, one of which is a reconstruction credit from the former Holland House. The City does not have `employee generation' 3.35 3.35 requirements for residences, but does have inclusionary requirements and replacement requirements. The Project's four new free market residences require housing for 2.1 employees. The replacement unit requires housing for 1.25 employees. Additional employees generated 35.12 Minimum mitigation required 12.88 Mitigation required at 100% 35.12 4.4 Lift One Lodge Employee Housing Requirement. A total of 35.12 additional employees are expected to be generated by the Lift One Lodge project and the applicant has represented a commitment to mitigate 100% of this impact. The applicant is providing on-site dormitory units for 16 employees. The additional mitigation of 19.12 FTE's must be provided through the provision of housing units within the Urban Growth Boundary including "buy -downs", the provision of cash -in -lieu at the rate applicable on the date of payment, the provision of employee mitigation credits for extinguishment, or a combination thereof, prior to issuance of a Certificate of Occupancy for Lift One Lodge. The provision of cash -in -lieu for more Ordinance No. 28, Series 2011. Page 15 of 37 than a fraction of an FTE shall be subject to an additional review and approval by City Council. Off-site for -sale units shall be transferred according to the APCHA Guidelines. Off-site rental units shall be available to all qualified employees in Pitkin County, although the applicant shall maintain the right to place qualified employees of the Lift One Lodge. 4.5 Ski Museum Employee Housing Requirement. The Community Development Director finds the Museum meeting the definition of an Essential Public Facility (a facility which serves an essential public purpose is available for use or benefit of the general public and serves the needs of the community). The Aspen Historical Society is a not-for-profit organization with a mission of enriching the community through preserving and communicating Aspen's remarkable history. They are supported through donations, limited fee services, and the Aspen Historic Park and Recreation District property tax. The facility is proposed to serve educational needs of the community and will be for the use and benefit of the general public. The' employee needs for the museum are expected to be handled through existing staffing with minimal additional demand. In light of the project's overall commitment to affordable housing and the significance of preserving and enhancing the Aspen's skiing legacy, the employee housing requirements of the Museum are waived. Section 5: Building Permit Submission Requirements In addition to the standard submission requirements for a building permit, the Applicant shall submit the following: a. A signed copy of the Final HPC Resolution, the final City Council Ordinance and the Development Agreement granting land use approvals. b. A letter from the primary contractor stating that the Final HPC Resolution, the final City Council Ordinance, and the Development Agreement have been read and understood. c. A tree removal plan and a tree protection plan. (See Section 10) d. Detailed civil plans for the reconstruction of South Aspen Street, Deane Street, and associated sidewalks, curbing and drainage improvements as depicted in the Final PUD Plans. e. Detail civil plans for the installation and/or relocation of all utilities depicted and described in the Master Utility Plan of the Final PUD Plans Detail civil plans for the installation of all drainage facilities depicted and described on the Drainage Plan of the Final PUD Plans; g. A signage plan for approval by the Community Development, Parking, and Engineering Departments signing both sides of Aspen Street as No Parking Fire Lane; signing the public parking spaces within the turn -around as Emergency and Official Vehicles Only; and specifying location of sign receivers to be placed during construction. Final verbiage for the signs may be different, as determined by said departments. The City shall manage the public rights-of-way and all parking therein to achieve public policy objectives, which shall not prescribe or preclude public parking. The City may change the physical Ordinance No. 28, Series 2011. Page 16 of 37 layout, applicable policy, posted signage, or operational practices of the parking at its sole discretion on a temporary or permanent basis. Implementation of certain public parking allowances and restrictions does not guarantee against or preclude future changes to those allowances and restrictions on a temporary or permanent basis. h. Ground Stability monitoring report as defined in Section 9. Section 6: Building Permit Issuance Requirements In addition to the standard requirements for issuance of a building permit, the following conditions must be met prior to issuance of a building permit: a. The Applicant shall pay all impact fees and school lands dedication fees applicable and per the fee schedule in place at the time of building permit submission, payable upon issuance of the full building permit. b. The Applicant shall provide sufficient evidence of financing and a performance bond, as required in Section 3.15. c. The Applicant shall provide site protection escrow funds, as required in Section 3.16 d. The Applicant shall provide $150,000 towards the relocation costs of the Willoughby Volleyball Courts. This is in addition to Parks Impact Fees. This requirement must be fulfilled in conjunction with the first building permit for Lot 4 — the Ski Museum, including an Access/Infrastructure permit, and shall represent the complete obligation of the Applicant regarding volleyball relocation. The funds shall be placed in a separate account within the City of Aspen Parks Department so as to assure their use for volleyball court replacement. e. The design for Lift One Lodge shall be compliant with projected mudflow impacts and recommended design accommodations as identified in the mudflow and debris study prepared by the Applicant and reviewed by the City of Aspen Engineering Department. f Lift One Lodge shall be designed to a "highrise" standard for fire protection and be acceptable to the Fire Marshall and as described in the May 13, 2011, Hughes Associates letter. g. The final application represented that the Lift One Lodge will meet specific energy performance measures and commitments equivalent to LEED Gold certification. Prior to issuance of a Building Permit for the Lift One Lodge, sufficient evidence, such as an acceptance of the project registration and a LEED Design Review that indicates the appropriate points are "anticipated" or "pending", demonstrating the project has been designed to meet this standard shall be presented to the Chief Building Official for acceptance. In case the LEED process has changed prior to submittal, the Chief Building Official shall determine the equivalent requirement for documenting progress toward LEED Gold certification. h. The installation of vegetative protection fencing as required by Section 10 i. Payment of ACSD connection fees per Section 11. Section 7: Construction Management Plan Requirements A construction management plan must be submitted to the City Engineer in conjunction with the first building permit application within the project (excluding permits for repairs and upkeep of Ordinance No. 28, Series 2011. Page 17 of 37 existing buildings). The plan must include a planned sequence of construction that minimizes construction impacts to the public. If the project is bifurcated into phases, a CMP for each phase will be required. The plan shall describe management of. parking, staging/encroachments, truck and construction traffic during peak traffic and seasonal periods, noise, dust, erosion/sediment pollution, and emergency access during construction. Any Construction Management Plan for work within the project shall accommodate the annual Wintemational event operations to the satisfaction of the local FIS event coordinator and the Aspen Skiing Company. This may include work stoppage on event days. Section 8: Measurements Height. Due to the nature of this site and consistent with the approach taken in the review of this project, the maximum height for development within this project, shall be calculated and depicted in the building permit submission as the maximum distance possible measured vertically from interpolated natural grade to the highest point or structure within a vertical plane. Architectural and mechanical appurtenances including but not limited to elevator overruns, mechanical equipment, antennas, chimneys, flues, vents, trellises, or similar structures shall be depicted and not extend over ten (10) feet above the specified maximum height limit and be limited to areas fifteen (15) or more feet from the outermost wall edges. Lot Area. For the purposes of calculating Floor Area Ratio of development on Lots 1, 2, and 4, the areas of the vacated rights-of-way shall not be deducted from Lot Area. Floor Area. Due to the nature of this site and consistent with the approach taken in the review of this project, floor area shall be calculated as that floor space within the surrounding exterior walls as measured from the outside face of the nominal structure. For any story that is partially above and partially below interpolated natural grade, only the floor space above the point at which interpolated natural grade crosses the subfloor elevation of that story shall be counted towards floor area. The floor area tabulation shall include a separate measurement for decks, balconies, exterior stairways, gazebos, porches, and similar features. Areas exempt from the calculation of Floor Area shall be those areas identified in the Land Use Code in effect on the day of initial application — November 24, 2006, as applicable to this project. There is no limitation for at -grade landscape terraces. Reversion to Current Code. The above provisions for measuring improvements shall be in effect, through the vested period or the issuance of a Certificate of Occupancy for each building, plus six months, whichever is later. Upon reversion, all built improvements and dimensions thereof shall be considered conforming. Subsequent improvements shall be measured according to the method in effect at the time of building permit submission for such improvement. Section 9: Ground Stability Monitoring In order to ensure the development does not exacerbate ground movement, the existing inclinometer shall continue to be maintained by the Applicant with bi-annual readings taken through issuance of a Certificate of Occupancy for the Lift One Lodge. The Building Permit application shall include a report on the readings and a subsequent report is required prior to issuance of a Certificate of Occupancy. Ordinance No. 28, Series 2011. Page 18 of 37 Section 10: Tree Permits and Protection Requirements Tree removal permits are required prior to issuance of a building permit for any demolition or significant site work. The City will issue a removal permit for the large spruce tree located on the corner of Gilbert and S. Aspen Streets. Please contact the City Forester at 429-2026. Mitigation for removals must be met by paying cash in lieu, planting on site, or a combination of both, pursuant to Chapter 13.20 of the City Municipal Code. A tree protection plan indicating the drip lines of each individual tree or groupings of trees remaining on site shall be included in the building permit application for any demolition or significant site work. The plan shall indicate the location of protective zones for approval by the City Forester and prohibit excavation, storage of materials, storage of construction backfill, storage of equipment, and access over or through the zone by foot or vehicle. The plan shall include provision of six inches of mulch within each protection zone. The plan shall include irrigation of the protected vegetation throughout the entire length of the construction. The contractor must supply water to the trees at a rate which is appropriate for proper health. Due to the proximity and nature of the excavations, the protective zones will be required to be twice the width of the drip lines. Excavations within the protection zones shall be minimized and must utilize vertical excavation only, with no over digging. These excavations must be soil stabilized in a manner that prevents over excavation of the site. This will require a one sided pour for all foundation walls located within these protection zones. Areas of roots cutting shall require burlap protection to cover over the cut roots and additional watering in order to keep the soil and burlap moist along the cutting edge. A vegetation protection fence shall be erected at the protective zone edge for each individual tree or groupings of trees remaining on site. This fence must be installed and inspected by the City Forester or his/her designee prior to issuance of a building permit for demolition or significant site work. The protective fencing and vegetation protection protocols shall remain in place through -out the construction period or as otherwise allowed to be removed by the City Forester. Section 11: Sanitation District Reauirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. Since an upgraded main sanitary sewer line will be required to serve this new development, a "Line Relocation Request" and a "Collection System Agreement" will be required, both of which are ACSD Board of Director's action items. Generally one tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. A wastewater flow study is required for this project to be funded by the Applicant. The Applicant's engineer must provide the district an estimate of anticipated daily average and peak flows from the project. If the study projects flows exceeding the planned reserve capacity of the existing collection system or treatment system, an additional proportionate fee will be assessed to eliminate the downstream collection system constraint, the treatment capacity constraint, or both constraints. Additional proportionate fees would be collected over time from all development in the area of concern in order to fund the improvements needed. Ordinance No. 28, Series 2011. Page 19 of 37 If the study projects flows exceeding the existing capacity of the current collection system or treatment facility, the development will be assessed fees to cover the costs of replacing the entire portion of the system that would be overwhelmed. In this case, the District will fund the costs of constructing reserve capacity in the area of concern (only for the material cost difference for a larger line). The District will not approve a recapture provisions. The final design must provide enough room for all utilities in the re -design of Aspen street to accommodate the main sanitary sewer line relocation according to ACSD specifications. ACSD will administer and construct the proposed new main sanitary sewer line in Aspen Street at the developer's expense. The main sanitary sewer line relocation will have to be extended approximately an additional 200 feet to the south to accommodate the upper traffic circle in Aspen Street, the Ski Company's on mountain sewer line, and the service line for the Shadow Mountain Condominiums. When new service lines are required for existing development the old service lines (3) must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements and prior to all soil stabilization activities. On-site sanitary sewer utility plans require approval by ACSD. On-site drainage and landscaping plans require approval by the district, must accommodate ACSD service requirements and comply with rules, regulations and specifications. Permanent improvements are prohibited in areas covered by sewer easements or right of ways to the lot line of each development. Below grade development will require installation of a pumping system. Plumbing plans for the pool and spa areas require approval of the drain size by the district. Glycol snowmelt and heating systems must have containment provisions and must preclude discharge to the public sanitary sewer system. All clear water connections are prohibited (roof, foundation, perimeter, patio drains) including trench drains for the entrances to underground parking garages. Oil and Grease interceptors are required for all new and remodeled food processing establishments. Oil and Sand separators are required for public vehicle parking garages and vehicle maintenance facilities. The elevator drains must also be plumbed to the o/s interceptor. Plans for interceptors, separators and containment facilities require submittal by the applicant and approval prior to a building permit application. The district will he able to respond with more specific comments and requirements once detailed building and utility plans are available. All ACSD total connection fees must be paid prior to the issuance of a building permit. Amendments to the above requirements agreed to in writing by the Applicant and the Aspen Consolidated Sanitation District shall supersede the sanitation requirements listed herein. Section 12: Requirements for Issuance of Certificate of Occupancy on Lift One Lodge Prior to the issuance of the Certificate of Occupancy for Lift One Lodge, the following conditions must be met: a. Completion of the improvements to Deane Street as described in the Final Plat, PUD Plans and Development Agreement. An additional surety at twice the remaining estimated costs of improvements may be accepted by the City to address timing issues related to seasonal construction or other practical issues. Ordinance No. 28, Series 2011. Page 20 of 37 b. Approval and filing of a deed restriction for the affordable housing units located in the Skier Chalet Steakhouse building. c. Voluntary transfer of 1/10ei of one percent undivided interest in the dormitory units on Lot 2 to the City of Aspen to the extent determined necessary by the City Attorney. d. Issuance of a Certificate of Occupancy for the affordable housing units located in the Skier Chalet Steakhouse building. e. Completion of the Ski Museum building located on Lot 4 to a "white box" or "shell" level of finish. This shall be met either through issuance of a Certificate of Occupancy for the building or by completion of all structural, utility, grading/drainage, access/egress, ADA, fire protection, and fenestration improvements covered by the building permit and all exterior improvements required by the final HPC approval for the Ski Museum. f. Provision of employee housing for 19.12 FTE's through the provision of housing units within the Urban Growth Boundary including "buy -downs", the provision of cash -in -lieu at the rate applicable on the date of payment, the provision of employee mitigation credits for extinguishment, or a combination thereof. g. Provision of $600,000 to be held in escrow by the City of Aspen for the eventual planned installation of a surface ski lift (a.k.a. platter lift) with an expected terminal facility located in Willoughby Park adjacent to the Skier's Chalet Steakhouse on Lot 2 and taking skiers uphill to the existing or relocated Lift lA terminal. This $600,000 shall be held in a separate account that is specifically earmarked for a planned surface lift connecting Willoughby Park and Lift IA, as presented in the application. In the event that there is not a surface lift installed within 5 years of the Certificate of Occupancy of the Lift One Lodge, upon agreement between the City Council and the Applicant, such funds may be made available for contribution to an alternative means of transporting skiers from Willoughby Park to Lift I A. h. The final application represented that the Lift One Lodge will meet specific energy performance measures and commitments equivalent to LEED Gold certification. Prior to issuance of a Certificate of Occupancy for the Lift One Lodge, a final tabulation certified by the Project Architect and a Commissioning Report will be submitted that verifies each of the components that were a part of the LEED Design Review noted in Section 6 were completed as a part of the project. This tabulation shall be presented to the Chief Building Official for acceptance. i. Provision of $62,000 to the City for a sanding truck dedicated for winter maintenance of South Aspen Street and a lump sum payment of $20,000 for future sanding materials that are unique to the site. Section 13: Willoughby Park, Lift One Park, & Volleyball The Parks Department and The City of Aspen appreciate the Applicant's commitment to contribute $150,000 towards the relocation costs of the Willoughby Volleyball Courts. Payment of this shall represent the complete obligation of the Applicant regarding volleyball relocation. The City will decommission the volleyball court on Willoughby Park prior to or upon issuance of an Access /Infrastructure permit for Lot 4. Ordinance No. 28, Series 2011. Page 21 of 37 Section 14: Environmental Health Department The State of Colorado mandates specific mitigation requirements with regard to asbestos. Additionally, code requirements to be aware of when filing a building permit include: a prohibition on engine idling, regulation of fireplaces, fugitive dust requirements, noise abatement and pool designs. Section 15: Water Department The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Utility placement and design shall meet adopted City of Aspen standards. Section 16: Outdoor Spaces Outdoor terraces, balconies, decks, trellised areas, and the pool deck may have umbrellas, canopies, awnings, trellises, fans, portable or integrated heating elements, and similar devices to facilitate comfort and use of these exterior spaces. These spaces shall not be enclosed with temporary or permanent walls/windows or otherwise enclosed as interior conditioned space without an amendment to this approval. Section 17: Public Restaurant and Apres Ski Deck The final application has represented and provided assurance that the entirety of the restaurant located on level 3 and a portion of the apres ski deck located on level 4 will be accessible to the general public and will not be an owners -only amenity. This does not prohibit the applicant or operator from limiting public access from time to time in the normal course of business. This obligation shall be memorialized in the Development Agreement. Any changes that limit the public's access to the publicly accessible portions of this amenity (i.e. an owners -only or similarly restricted amenity) shall require a substantial amendment of the PUD. Section 18: Skiers Chalet Steakhouse and Lodge Buildings Prior to redevelopment, the Skiers Chalet Steakhouse (a designated historic landmark) and the Skiers Chalet Lodge (proposed for re -use) shall be maintained in a reasonable state of repair by its owner. Periodic access shall be afforded the City's Historic Preservation staff to view the condition of the buildings and to conduct follow up visits to ensure that the resources are not becoming damaged through neglect. The Skiers Chalet Lodge and Skiers Chalet Steakhouse may continue to be utilized, including necessary upgrades, as housing for working residents prior to relocation and redevelopment of the buildings. The continued temporary use as housing shall not affect a change in use in the properties and shall not be subject to the City's Housing Replacement Program. All building and fire codes must be met. Relocation and rehabilitation of these two structures and the old lift one stanchion within Lift One Park shall be according to the allowances and limitations of the final Historic Preservation Commission approvals. Upon final installation of the original Lift 1 stanchion within Lift One Park, the official zone district map shall be amended to reflect Lot 3 of the Lift One Lodge Subdivision/PUD and this relocated structure as a designated historic landmark. Ordinance No. 28, Series 2011. Page 22 of 37 Upon issuance of a Certificate of Occupancy for the relocated Skiers Chalet Steakhouse (the dormitory), the official zone district map shall be amended to reflect Lot 2 of the Lift One Lodge Subdivision/PUD and this relocated structure as a designated historic landmark. Upon issuance of a Certificate of Occupancy for the relocated Skiers Chalet Lodge (the ski museum), the official zone district map shall be amended to reflect Lot 4 of the Lift One Lodge Subdivision/PUD and this relocated structure as a designated historic landmark. Section 19: Development of Surface Lift Approved The proposed future development, construction, operation, and maintenance of a surface lift (a.k.a. platter lift) through Lots 1, 3, and 4 and other associated improvements necessary for uploading skiers from Willoughby Park to a point south of Lot 1 such that a skier could access Lift 1A or a relocated Lift IA is hereby approved subject to a final review by the Community Development Director for sighting of stanchions, sighting of other necessary apparatus, sighting for safe alignment with Lift 1A, confirmation of approval from the State Tramway Board, and the required reviews by the Historic Preservation Officer and the Building Department for issuance of any permits required for its construction. Section 20: Condominiumization Approved Condominiumization of units, including the parking spaces, to define separate ownership interests within a Lot of the Lift One Lodge Subdivision/PUD is hereby approved by the City of Aspen, subject to recordation of a condominiumization plat in compliance with the current (at the time of condo plat submission) plat requirements of the City's Community Development Department. Section 21: Amendments Conversion of fractional lodge units to whole ownership residential units or non -fractional lodge units shall require a substantial amendment. The conversion of whole ownership residential units to fractional lodge units may be approved administratively. Section 22: Representations Preserved All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, the Planning and Zoning Commission, or the Aspen City Council are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. Section 23: Vested Rights The development approvals granted herein shall constitute a site-specific development plan vested for a period of five (5) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly submit all plats and agreements required to be recorded, as specified herein, within one year of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. Ordinance No. 28, Series 2011. Page 23 of 37 No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. 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 five (5) 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: Lift One Lodge Subdivision/Planned Unit Development located on property commonly known as 233 Gilbert Street, 710 South Aspen Street, 720 South Aspen Street, Willoughby Park, and Lift One Park, City of Aspen, Pitkin County Colorado, as more fully described in City of Aspen City Council Ordinance No. 28, Series 2011. 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 of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 24: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 25: 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 26• That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this Ordinance in the office of the Pitkin County Clerk and Recorder. Section 27• A public hearing on the Ordinance was held on the 26th day of September, 2011, at 5:00 in the City Council Chambers, City hall, 130 South Galena Street, 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. Section 28: This ordinance shall become effective thirty (30) days following final adoption. Ordinance No. 28, Series 2011. Page 24 of 37 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 12"' day of September 2011. Attest: KathryS. tyOrn, C f Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this 14a' day of November, 2011. Attest: .4 r/ Kathryn S. City Clerk ichae C. Ireland, Mayor Approved as to form: m orcester, City Attorney ExhibitA— Property Descriptions Exhibit B — Proposed Subdivision Map Exhibit C — Proposed Street VacatiowDedication Map Exhibit D — Proposed Illustrative Site Plan Exhibit E — Proposed Architectural Character Plan Exhibit F— Proposed Dimensional Allowances and Limitations Exhibit G — Proposed Heights Exhibit H— Design for Deane Street Skier Drop-off & South Aspen Street Ordinance No. 28, Series 2011. Page 25 of 37 Exhibit A Legal Descriptions The subject property is generally located on the east side of South Aspen Street south of Deane Street. The subject property consists of five parcels and the rights of way to be vacated in connection with this Application described as follows: Parcel A is legally described as Lots 1, 2, 13, and 14, Block 9 of the Eames Addition to the City and Townsite of Aspen, including the portion of the vacated alley between Lots 1 and 14 and the west 20 feet of Lots 2 and 13. Parcel A is the former site of the Holland House Lodge, which was demolished in 2008. Parcel B is legally described as Lots 4 and 11, less the west twenty-two feet thereof, and Lots 5 through 10, Block 9 of the Eames Addition to the City and Townsite of Aspen, including the portion of the vacated alley between said Lots. Parcel B is currently the site of the Skiers Chalet Lodge. Parcel C is legally described as Lots 12, 13, and 14, Block 8 of the Eames Addition to the City and Townsite of Aspen. Parcel C is located adjacent to South Aspen Street on the north side of Gilbert Street. Parcel is currently the site of the Skiers Chalet Steak House. Parcel D is legally described as Lots 3 and 12, and the west 22 feet of Lots 4 and 11, Block 9 of the Eames Addition to the City and Townsite of Aspen, including a portion of the undeveloped alley between said lots. Parcel D is commonly known as Lift One Park and is owned by the City of Aspen, who has consented to the application. Parcel E is legally described as Lots 1 through 14, Block 7 and Lots 1 through 3, Block 8 .of the Eames Addition to the City and Townsite of Aspen, including the undeveloped portion of Juan Street between Blocks 7 and 8 and the undeveloped alley within Blocks 7 and 8. Parcel E is commonly known as Willoughby Park and is owned by the City of Aspen, who has consented to the application, and is leased in whole to the Aspen Historical Society, who has consented to the application. The following is a summary of the street vacations and dedications associated with the Lift 1 Lodge proposal: • Vacation of the eastern 37.5 feet of the South Aspen Street right-of-way from the centerline of the Hill Street right-of-way north to the southern edge of the Deane Street right-of-way. • Dedication to public right-of-way an area within the northwest portion of the proposed Lot 4, Willoughby Park, associated with the proposed turn -around and drop-off area at the corner of South Aspen and Deane Streets. The final design and exact dimensions of this dedication shall be as depicted and described in the Subdivision Plat. • Vacation of the northern 25 feet of Hill Street east of the centerline of South Aspen Street to the eastern boundary of the Eames Addition. That portion of vacated Hill Street abutting proposed Lot 3 shall be conveyed by the City of Aspen to the Applicant to be incorporated into proposed Lot 1. Ordinance No. 28, Series 2011. Page 26 of 37 • Vacation of the remaining dedicated portions of the alleyway of Block 9, Eames Addition. • Vacation of a Utility and Alleyway Easement encumbering the eastern 10 feet of Lot 2 Block 9, Eames Addition, recorded at Book 203, Page 375. • Vacation of Gilbert Street right-of-way from the eastern edge of the South Aspen Street right-of-way east to a line extending south from the boundary between Lots 11 and 12 of Block 8 and connecting to the boundary between Lots 3 and 4 of Block 9, Eames Addition. • Vacation of the Juan Street right-of-way east of the South Aspen Street right-of-way to the eastern boundary of the Eames Addition. • Vacation of the alleyway of Block 8, Eames Addition. That portion of the vacated alleyway abutting proposed Lot 1 shall be conveyed by the Applicant to the City to be incorporated into proposed Lot 4. • Vacation of the alleyway of Block 7, Eames Addition. • Vacation or extinguishment of an easement for skiing purposes assigned to the City by the Aspen Skiing Company in connection with the conveyance of Lift One Park which affects a portion of Parcel B (part of proposed Lot 1). Ordinance No. 28, Series 2011. Page 27 of 37 Exhibit B Proposed Subdivision Map \ z O I I l ffiW c I I az ,\ O I �\ u $ C z W a \ F C � 133tl1S 11WWOS 133HIS NVOf N I I I I 133UIS 3NV30 \ A311V l N 133HIS ITH I I I l ffiW c I I az W 1 `� l�a1s1a3eli� I 9 I Iw I z I W 133HIS NVOf I I I I 133UIS 3NV30 w a 0 u+y i Ordinance No. 28, Series 2011. Page 28 of 37 Exhibit Proposed StrVacationlDedicationM p [ Ordinance No. aSeries 2011. Page #g \CL 0 ) ) \ 2 $ ||| ■gbd ! � � [ �! ® �\ Ordinance No. aSeries 2011. Page #g Exhibit D Illustrative Plan Ordinance No. 28, Series 2011. Page 30 of 37 Exhibit E Approved Architecture West Elevation of West Wing UZ View of Lodge from southwest II II II 1 -- Representative Architectural Floor Plan of Lodge Unit and Lock -Offs Ordinance No. 28, Series 2011. Page 31 of 37 Exhibit F Approved Dimensions Dimensional Requirement Proposed Standard Lodge Zone District Requirements Lift One Lodge, Lot 1 Minimum Lot Size 41,258 sq. ft. 3,000 sq. ft. Lot Area for Density 19,296 Site Specific Lot Area for Floor Area 38,954 Site Specific Lodge Unit Density Standard 537 sq. ft. of lot area per unit See Note Below* Minimum Lot Area per 3,859 sq. ft. 3,000 sq. ft. dwelling Unit (free market) Minimum Required Lot Area 19,296 sq. ft. 15,000 sq. ft. (sq. ft.) Minimum Lot Width 265 ft. 30 ft. Minimum Front Yard Setback East Wing: 1 ft. West Wing: 4 ft. 5 East Wing North: I ft. East Wing South: 1 ft. Minimum Side Yard Setback 5 West Wing North: 2 ft. West Wing South: 3 ft. Minimum Rear Yard Setback East Wing: 12 ft. 5 West Wing: 1 ft. Per height plan as represented Sloped Roofs: 38 Ft. Maximum Height in Exhibit G Flat Roofs: 42 Ft. Floor Area Ratio Lode Units: 1.16:1, or Lodge Units: 2:1, or 75,848 Ordinance No. 28, Series 2011. Page 32 of 37 Dimensional Requirement Proposed Standard Lodge Zone District Requirements 45,129 sq. ft. Commercial Uses: 0.15:1, or 5,698 sq. ft. Non -Unit Space: 0.31:1, or 12,206 sq. ft. Free Market Residential Units: 17% of total lodge floor area, or 13,108 sq. ft. Total: 1.95 or 76,141 sq.ft sq. ft. Commercial Uses: 0.25:1, or 9,481 sq. ft. Non -Unit Space: 0.5:1, or 18,962 sq. ft. Free Market Residential Units: 25%, or 19,252 Total: 2.5:1 or 97,385 sq. ft. I Pedestrian Amenity Space No Requirement* No Requirement I lI Lodge Units: 42 Spaces I Lodge Units: 0.5 Spaces/Unit Project Parking* Commercial Uses: 6 Spaces Free Market Residential: 5 Spaces Affordable Housing Units: 8 Spaces Public Parking: 50 Spaces Lodge Members: 44 Spaces Other: 8 Spaces Skiers Chalet Steak House Affordable Housing, Lot 2 Commercial Uses: 1 Space/1,000 Sq. Ft. Net Leasable Residential Uses: 1 Space/Unit Minimum Lot Size 3,562 sq. ft. Established via PUD Lot Area for Density None See Note Below Lot Area for Floor Area 3,562 See Note Below Minimum Lot Area per Dwelling Unit 445 sq. ft. (8 Units) Established via PUD Minimum Lot Width 95 ft. Established via PUD Ordinance No. 28, Series 2011. Page 33 of 37 Dimensional Requirement Proposed Standard Lodge Zone District Requirements Minimum Front Yard Setback 5 ft. Established via PUD Minimum Side Yard Setback North Side Yard: 10 ft. Established via PUD South Side Yard: 30 ft. Minimum Rear Yard Setback None Established via PUD Maximum Height 33 ft. Established via PUD 0.89:1, or 3,184 sq. ft. Established via PUD FIoor Area ratio Pedestrian Amenity Space Remainder of lot Established via PUD Aspen Historical Society Museum and Willoughby Park, Lot 4 Minimum Lot Size 41,918 sq. ft. Established via PUD Minimum Lot Width 190 ft. Established via PUD Minimum Front Yard Setback 50 ft. Established via PUD Minimum Side Yard Setback East Side Yard: 20 ft. Established via PUD West Side Yard: 125 ft. Minimum Rear Yard Setback 25 ft. Established via PUD Maximum Height 31 ft.` Established via PUD 0.10:1, or 4,400 sq. ft.* Established via PUD Floor Area ratio Pedestrian Amenity Space Remainder of lot Established via PUD Notes: • Lodge Unit Size Standard: The Applicant is requesting a Special Review for the average lodge unit size. Ordinance No. 28, Series 2011. Page 34 of 37 Dimensional Requirement Proposed Standard Lodge Zone District Requirements • Floor Area Ratio, Lots 1, 2 and 4: For the purposes of calculating a Floor Area Ratio on Lots 1, 2, and 4 that more accurately represents the numerical relationship between land area and floor area, the area of vacated rights of way have not been deducted from Lot Area. This calculation is not intended to modify the definition of Lot Area as set forth in the Land Use Code. • Pedestrian Amenitv: This site is outside of the area requiring pedestrian amenity space. • Project Parking: The project parking section of this table reflects the entire project, not just Lot 1. • Maximum Height: The heights for the Skiers Chalet Steakhouse Affordable Housing and Aspen Historical Society are taken from the ridge of the roof • Floor Area Ratio Lot 4: This includes both the Museum and pool house. Ordinance No. 28, Series 2011. Page 35 of 37 Heights: West Wing 38.50 ft / /- 39.50 ft , . Exhibit G Height Representations 42.00 ft 46.90 ft Heights: East Wing ft 43.50 ft Ordinance No. 28, Series 2011. Page 36 of 37 COA TYPCIC J0. Ck 5' DETACHED 5' 900 WALK Bugg I AMA `^r qI Exhibit H Skier Drop Off Area Deane Street & So. Aspen St. � to 11 fp•1'I4C.'J'.RMSi DO HOT -- — — _-SOILTH . ASPEN STREET L GRAPHIC SCALE " IN FEET ) ATTACHED S/DEWA[K .lo° t �„ a.mby 7001572067 I GORDON I MEYER n w. °a an,¢+. S.rc 2w °i-"os1 '°`` Q7W °5 ro]a ws-1oos ENI, seas ue an Ippps ab' 169Y71 �SCHMUESER r R G: R E E R5 I SURVEYORS M1 1, '�� OR'R^"� lG]C1429-0R] u..aa.. cG rom; ea,.sass Fa EmoE„ew� Ordinance No. 28, Series 2011. Page 37 of 37 Wed, Dec 14, 2011 7007130 Acct: 1013028 Phone: (970)920-5064 E -Mail: Client: Caller: Kathryn Koch Receipt Ad Name: 7007130A Editions: 8ATW18ATI/ Start: 09/18/11 Color: Copyline: atw Ordinance #28 20:33:48 6rAm-)o(( Ad Ticket #5 °'1 �-I I Name: Aspen (LEGALS) City of Address: 130 S Galena St Lines: 19 Depth: 1.6 Columns: 1 Discount: 0.00 Commission: 0.00 Net: 0.00 0.00 Tax: Total 9.61 Payment 9.61 City: Aspen State: CO Zip: 81611 Original Id: 7003536 Class: 0990 Stop: 09/18111 issue 1 Rep: AT Legals I LaAL NOTICE ORDINANCE #28, 2011, PUBLIC HEARING Drdinance #28. Series of 2011, was adopted on irst reading at the City Council meeting Septem- Der 12. 2011. This ordinance. if adopted, will ap- Drove Lift One Lodge final PUD and timeshare re- view. The public hearing on this ordinance is scheduled for September 26. 2011 at 5 PM. City hall. 130 South Galena. To see the entire text. go to the city's legal notice website httu-l'www asper:pitkin c��� t Foal Notices! If you would like a copy FAXed or e-mailed to you. call the city clerk's office. 429-2686. Published in the Aspen Times Weekly on Septem- ber 18. 2011. 170071301 Ad shown is not actual print size 7007130 PROOF OF PUBLICATION 121ARINTIMIS STATE OF COLORADO, COUNTY OF PITKIN I, Jenna Weatherred, do solemnly swear that I am a Publisher of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed, in whole or in a, ,, 'TIU part and published in the County of Pitkin, State of Colorado, and has a L_EGOFDINRNOEN26,2011.P°BLWas;dCE .Pe°een Ortlinance M28. Series o520, 1, Se tam - general circulation therein; that said newspaper has been published st,eatling at the City Council s adoptetl . sa- ber 12, 2011. Ton .lar Ince..i continuously and uninterruptedly in said County of Pitkin for a period of prove Litt One Los9e 5inalP ooDals omd neocees schetl th for Sep,ember 26, 20,1 at 5 PM, City more than fifty-two consecutive weeks next prior to the first publication of hell. 130 dJeN Galena. the annexed legal notice or advertisement. g legal notice ¢see me e" te.9o,othe& website htt llwww s an itkin. omlD¢ artm me L¢ a4Nofic / moiled to you. That the annexed legal notice or advertisement was published in the regular It you oola llkeacovY. 4 9-2 ore - call the cIN claM's office. 429-2688_ and entire issue of every number of said daily newspaper for the period of 1 Publishes in the A5 anTimesWa&iyonSep,em- consecutive insertions; and that the first publication of said notice was in thepoov,3o] issue of said newspaper dated 9/18/2011 and that the last publication of said notice was in the issue of said newspaper dated 9/18/2011. In witness whereof, I have here unto set my hand this 8°i day of December, 2011. 06 —4 Jenna Weatherred, ublisher Subscribed and sworn to before me, av�notary public in and for the County of \\`vs� -11"j/' yGarfield, State of Colorado this St" da}r of December, 2011- Q y. 6 ' =uZ A Qat IC r O l� �I �7 .�C t/✓I 72 F '''•,�F COLO�P�``y Mary E. Borkehhagen, Notary Public s�. ii°rinnSlna"` yo My Commission expires: September 12, 2015EXo1�0r12 Aspen (LEGALS) City of I