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HomeMy WebLinkAboutordinance.council.039-16 RECEPTION#: 655085, R: $163.00, D: $0.00 DOC CODE: ORDINANCE Pg 1 of 31, 04/08/2019 at 10:18:34 AM Janice K. Vos Caudill, Pitkin County, CO ORDINANCE NO.39 (SERIES OF 2016) AN ORDINANCE OF THE CITY OF ASPEN,COLORADO,APPROVING A PLANNED DEVELOPMENT-PROJECT REVIEW AND ASSOCIATED LAND USE REVIEWS FOR THE GORSUCH HAUS,A PROPERTY LOCATED AT THE BASE OF ASPEN MOUNTAIN AND 1A LIFT,ADJACENT TO THE TERMINATION OF S.ASPEN STREET,COMPRISED OF FOUR PARCELS,CITY OF ASPEN,PITKIN COUNTY, COLORADO. Parcel IDs:273513127001,273513126001,273513400028 (4 parcels total, 3 Parcel ID#'s) WHEREAS, the City of Aspen Community Development Department received an application for the Gorsuch Haus lodge from Norway Island LLC, PO Box 12393, Aspen CO 81612 (Applicant), where Aspen Skiing Company, PO Box 1248,Aspen CO 81612 is the owner, represented by Design Workshop for the following land use review approvals: ■ Planned Development— Project Review, pursuant to Land Use Code Chapter 26.445, to permit restaurant and retail uses within the Lodge (L) zone district (Lot 1), and to permit ski lift and ski facilities within the Conservation (C)zone district and the Lodge (L)zone district(Lot 1 and Lot 2); and, ■ Rezoning-pursuant to Land Use Code Chapter 26.310; and, ■ Growth Management Reviews — for lodge, free-market, affordable housing, and commercial development pursuant to Land Use Code Chapter 26.470; and, ■ Conceptual Commercial Design Review-pursuant to Land Use Code Chapter 26.412;and, ■ 8040 Greenline Review-pursuant to Land Use Code Chapter 26.435; and, ■ Mountain View Plane -pursuant to Land Use Code Chapter 26.435; and, ■ Major Subdivision-pursuant to Land Use Code Chapter 26.480; and, ■ Special Review for Lodge Density Standard—pursuant to Land Use Code Chapter 26.430; and, ■ Special Review for affordable housing unit net livable standards, pursuant to Land Use Code Chapter 26.430.040(1); and, ■ Vested Property Rights-pursuant to Land Use Code Chapter 26.308. WHEREAS, the application was submitted in 2016 and subsequently amended. The amended application proposes the following development: ■ 81 lodge unit keys. ■ 4 free-market residential units. ■ 1 affordable housing unit. ■ 7,730 square feet of net leasable commercial space. ■ 56 parking spaces; ■ Relocation and replacement of the existing Lift IA ski operations building to Lift One Lodge property; City Council Ordinance No.39,Series 2016 Page 1 of 31 ■ Ski operations and ski infrastructure and, WHEREAS,for the purpose of this Ordinance,the following definitions apply: Lift 1 Corridor—This includes the property covered by this ordinance and the property related to the Lift One Lodge project described in Ordinance # 38, Series of 2018. While not subject to this Ordinance, the adjacent future park lands will eventually become a necessary part of the ski way and ski operations. Current Lift 1A — This term is used to describe the existing and functioning Lift IA terminal and related skier services and ski patrol facilities. Future Lift Terminal — this term is used to describe the new lift terminal that will be located in Willoughby Park. Historic Lift 1 — this term includes the historic gantry, bull wheel and three remaining towers of the original Lift 1;and, WHEREAS, the Application and the Lift 1 Corridor Study and preferred site plan contemplates, and requires for functional ski and lift operations, skiing across, as well as snow making onto and snow grooming throughout the Lift Corridor; and, WHEREAS,the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Environmental Health Department, Parks Department, Aspen/Pitkin County Housing Authority (APCHA), and Utilities Department as a result of the Development Review Committee meeting held on September 26th,2018; 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 by the Board was provided pursuant the APCHPA Board meeting held on October Yd, 2018; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the initial 2016 development application and initially recommended restudy of the project so the design, mass and scale of the project better fit with the context of the immediate neighborhood; and, WHEREAS, the Planning and Zoning Commission reviewed the initial 2016 application at a duly noticed public hearing on July 5, 2016, that was continued to July 19, 2016, August 16, 2016, and September 20, 2016, during which the Planning and Zoning Commission made a recommendation of denial of the initial 2016 application via Resolution No. 7 (Series of 2016); and, WHEREAS, the Aspen City Council has reviewed and considered the initial 2016 development proposal on December 12,2016,February 13th,2017,March 6th,2017,and March 27th, 2017 and tabled the application for further study of a revised Lift 1 corridor alignment. This lift corridor study was commissioned by the City of Aspen. At the conclusion of this study,an amended application was submitted in September of 2018; and, City Council Ordinance No.39,Series 2016 Page 2 of 31 WHEREAS, a properly noticed site visit to the property on October 15, 2018 provided additional information on the project with relationship to site planning and proposed building heights; and, WHEREAS,The Aspen City Council reviewed and considered the amended application on November 12th, 2018 and November 26th, 2018, December P, 2018, December 10th, 2018, and January 7th, 2019 under the applicable provisions of the 2016 Municipal Code (application deemed "complete" on March 29th, 2016, and amended application deemed "complete" on September 6th, 2018) as identified herein. The Aspen City Council has also reviewed and considered the recommendation of the Community Development Director,the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, during the continued public hearing on January 7th, 2019 City Council referred to voters Ordinance No. 39, Series of 2016 that would grant approval with conditions for a Rezoning, Project Review, Subdivision, Growth Management Quota System, Commercial Design, 8040 Greenline, Special Review, Mountain View Plane, Special Review for Lodge Density, Special Review for Affordable Housing Net Livable Standards, and Vested Rights, as identified herein,with the recommended changes to the application listed hereinafter; and, WHEREAS, pursuant to Section 5.5 of the Home Rule Charter of the City, the City Council, on its own motion, has the power to submit at a general or special election any proposed ordinance or question to a vote of the people; and, WHEREAS, pursuant to Section 13.4 of the Home Rule Charter of the City, the City Council shall not sell, exchange or dispose of public building, utilities or real property in use for public purposes, including real property acquired for open space purposes,without first obtaining the approval of a majority of the electors voting thereon. Additionally,the City Council shall not cause or permit the change in use of the real property acquired for open space purposes,other than for recreational, agricultural or under-ground easement purposes, without first obtaining the approval of a majority of the electors voting thereon. Further,under such Section 13.4 of the Home Rule Charter,no real property acquired for open space purposes shall be sold,exchanged,disposed of, or converted to other uses other than for recreational, agricultural or underground easement purposes, unless such open space is replaced with other open space property of equivalent or greater value as of the date of sale or conversion as determined by the City Council by resolution following a public hearing taking into consideration monetary, environmental, and aesthetic values; and, WHEREAS,at a continued public hearing on January 7, 2019,the City Council,by a 3 to 2 (3-2) vote, adopted Resolution No. 2, Series of 2019 pursuant to Sections 5.5 and 13.4 of the Home Rule Charter of the City,to refer this Ordinance (and proposed Ordinance No. 39, Series of 2016 for the approval of the Gorsuch Haus Project) to a vote of the electors of the City to make the findings stated herein and grant approval with conditions for a Major Amendment to a Planned Development, Project Review, and related reviews for Subdivision, Exchange of City Land, Rezoning, Growth Management Quota System, Commercial Design, Timeshare Development, Transportation and Parking Management, Special Review, ESA — Mountain View Plane, and Vested Rights, subject to the conditions of this Ordinance; and, City Council Ordinance No.39,Series 2016 Page 3 of 31 WHEREAS, City Council intends to refer the project to the Aspen voters for consideration. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS DIRECTED BY THE VOTERS AS PROVIDED BELOW: Section 1: General Approvals A. Pursuant to the standards set forth in Title 26 of the Aspen Municipal Code and Sections 5.5 and 13.4 of the Home Rule Charter of the City of Aspen, the City, by a vote of its eligible electors, approves the Gorsuch Haus application for a Site Specific Development Plan for the Gorsuch Haus Subdivision /PD that includes land use reviews for Planned Development-Project Review,Rezoning,Major Subdivision, Growth Management Quota System Reviews, Conceptual Commercial Design,Mountain View Plane, 8040 Greenline, Special Review for Lodge Density, Special Review for affordable housing unit net livable standards, and Vested Property Rights approval—allowing for the development of Lots 1 and 2. Lot 1 development is comprised of a mixed-use building containing a mix of lodging with restaurant and retail uses,free-market residential,affordable housing,commercial net leasable space, a new Lift 1 ski corridor alignment, lift tower, and skier return. Lot 2 development and activities are comprised of a new Lift 1 ski corridor alignment,lift towers, skier return, traditional ski operation maintenance activities, and an event staging and viewing area. B. More specifically for the Gorsuch Haus, subject to the conditions of approval as listed herein, is a development containing 81 lodge keys, 4 free-market residential units totaling 8,000 square feet of net livable floor area, 1-1 bedroom affordable housing unit, 7,730 sq. ft.of commercial net leasable space,and ski lift and facilities on Lot 1. Ski area operations and associated ski and non-mechanized summer uses for the relocated Lift 1 lift tower alignment, skier return, snow making infrastructure and event staging and viewing area, are approved on Lot 2. Section 2: Vested Rights A. The development approvals granted pursuant to this Ordinance will constitute a new site- specific development plan and a vested property right pursuant to Land Use Code Section 26.308.010 and C.R.S. §24-68-101 et seq. attaching to and running with the Subject Property and will confer upon the Applicant the right to undertake and complete the site-specific development plan and use of the Subject Property under the terms and conditions of the site- specific development plan, including any approved amendments thereto. However, any failure to abide by any of the terms and conditions attendant to this approval that is not cured by the Applicant after written notice from the City, a right to a public hearing in accordance with the applicable provisions of the Land Use Code, and a reasonable opportunity to cure such failure will result in the forfeiture of said vested property rights. B. Due to the substantial nature of the changes proposed by the Application and approved by this Ordinance,and that the request approved by this Ordinance is in response to a directive from the City Council to pursue a new placement of the Future Lift Terminal, a period of City Council Ordinance No.39,Series 2016 Page 4 of 31 vesting is established for the Gorsuch Haus Planned Development. Pursuant to C.R.S. § 24-68-104(2),it is appropriate that the vested property rights for the Gorsuch Haus Planned Development will be vested for a period exceeding three years in light of all relevant circumstances, including,but not limited to,the need to wait until all required City-owned property is available for use in connection with the development and operation of the Lift 1 Corridor project, the size of the development, economic cycles, and market conditions. The Development Agreement to be entered into between the City and the Applicant pursuant to the terms of this Ordinance will memorialize such extended period of vested property rights pursuant to C.R.S. § 24-68-104(2). C. The vesting period will commence on the effective date of the Development Order for the Project issued by the City in accordance with Section 26.304.080 of the Land Use Code. D. The vesting period will remain in effect for five years following the effective date of the use rights conferred as part of the initial 40-year term of the Dolinsek License pursuant to Section 6.A.1 of Ordinance No. 38, Series 2018. However, the vesting period will not extend longer than the validity of the Development Order issued for the Project pursuant to Section 26.304.080 of the Land Use Code,as amended from time to time(which Section 26.304.080 currently provides that a Development Order will not be valid for more than ten years). Nothing herein will be construed as limiting the right of the Applicant to proceed with development of the Project prior to the commencement of the initial 40-year term of the Dolinsek License,provided the Project has received the required Detailed/Final Review approvals described in the Ordinance and complied with the City's permitting requirements. Section 3. Subdivision and Rezoning A. Currently the subject land area consists of four parcels within the city's municipal boundary. The Applicant proposes, and the City Council approves the parcels be reconfigured into Lots 1 and 2. B. Within 180 days of issuance of a Development Order and prior to building permit submittal, a final subdivision plat shall be submitted for review and approval by the Community Development Director and City Attorney. This plat shall illustrate Lots 1 and 2 as well as lands to be vacated and dedicated as outlined in section 4 of this ordinance. C. The current zoning for the subject properties located with the city's municipal boundary is Conservation(C). The City Council approves the rezoning of Lot 1 from C to Lodge (L). A Planned Development overlay is designated on both newly created lots. Lot 2 shall remain within the C zone district. The official zone district map shall be amended upon recordation of a final subdivision plat,recordation of an architectural plan set,and required development agreements. Section 4: Vacation of public right-of-way and acceptance of Private property A. The City Council approves the vacation of the public rights-of-way, comprised of approximately 8,206 sq. ft. as requested by the Applicant(a portion of S.Aspen Street and all of Summit Street)to be replaced with all necessary easements for any existing or future City Council Ordinance No.39,Series 2016 Page 5 of 31 utility infrastructure. The City Council also accepts the dedication of approximately 3,462 sq. ft. of private property for City of Aspen right of way at the terminus of South Aspen Street for a public right-of-way in the form of cul de sac improvements. Conveyance of title associated acknowledging a change of ownership between the record owner of Lot 1 and the City of Aspen, shall be completed with a recordation of deeds 45 days following the recordation of the subdivision plat. Section 5: Licenses and Easements A. The ski corridor requires easements and/or licenses for skiing and ski operations across portions of Lot 1. An easement agreement between the Aspen Skiing Company and Gorsuch Haus shall be established to allow ski-related activity and infrastructure to occur on Lot 1. B. All license and easement agreements shall be submitted for review within the 180 day period following issuance of a Development Order. C. The City will enter into a fee-free easement agreement with Aspen Skiing Company to allow skiing and ski and lift related activities,equipment,improvements and infrastructure, including, without limitation, subgrade snowmaking infrastructure as well as above grade ski and lift related equipment,improvements and infrastructure to occur on,over and under the Hill Street Right of Way. The easement agreement will provide that Aspen Skiing Company will own and exclusively control all ski and lift related equipment,improvements and infrastructure constructed on, over, and under Hill Street Right of Way pursuant to such easement agreement. D. The City will grant to the Applicant for the benefit of Lot 1,an easement over,under,across and through all public rights-of-way and City-owned lands adjacent to the Project for the purpose of allowing construction work and staging, crane swing, over-digging, shoring, soil nails and other construction activities necessary or appropriate to undertake the construction of the Project and to establish and maintain a safe working environment during such construction. Provided, however, that no such easements will be granted by the City with respect to the Dolinsek Property until the City is permitted to do so pursuant to the Dolinsek Deed, and no such easements shall violate the terms and restriction of the Conservation Easement on the Dolinsek Property held by the Aspen Valley Land Trust. E. All license and easement agreements entered into pursuant to the above provisions of this Section 5 will contain commercially reasonable insurance and indemnity provisions, provided,however,the City will not provide an indemnification to any party. Section 6: Planned Development—Project Review A. Within 15 days prior to the public election,the Applicant shall submit an `Approved Plan Set,' that includes the Conceptual floor plans, site plan, lot configuration, and elevations. Failure to submit these plans shall not render the approvals in the Ordinance null and void. B. Pursuant to Land Use Code Section 26.445.090(A), the Applicant has one (1) year from Project Review approval to submit the Detailed Review with Planning and Zoning City Council Ordinance No.39,Series 2016 Page 6 of 31 Commissior7. This one-year period shall commence from the date of an election that provides voter approval. Section 7: Proiect Dimensions The approved dimensions, site plan, architectural massing, and character are represented as Exhibits A and B of this ordinance. Pursuant to Land Use Code Section 26.445.090(A), the Applicant has one year from Project Review approval to submit the Detailed Review application for this request. As part of the approved Planned Development, the Applicant shall comply with the following conditions of approval: A. The overall maximum height of the approved lodge is limited to 40'. Rooftop elevators/elevator overruns may exceed this height by a maximum of 10'. Due to the location of the approved stairway and associated retaining wall on the western side of Lot 1,portions of the western elevation of the lodge building will exceed the 40' overall height restriction in the L zone district as documented in Exhibit A, West Elevation and North Elevation. As part of the Planned Development approval, the height measurement on the western elevation of the lodge building shall be taken from the finished grade of the top of the retaining wall located adjacent and west of this stairway. The lodge building shall not exceed 40' in height from this approved measurement point. Lightwells along the east and west fagade that do not exceed 100 square feet shall not be counted towards maximum permissible height and are permitted to walk out at the same level as adjacent rooms. Grading within the lot setback of greater than thirty inches(30") is permitted on Lot 1 and Lot 2. The rooftop amenity deck has been granted a three-foot(3')height exception from the maximum height as calculated under Land Use Code Section 26.710.190(D)(8)(e). B. Engineering requirements may dictate that the replacement lift towers on Lots 1 and 2 might exceed the height limits and setback requirements for the C and L zone districts. The City Council approves the replacement lift towers to exceed the height limit and intrude upon the setback standards in the C and L zone districts,as required by the lift manufacturer design and as documented in the attached site plan. C. The lodge units shall operate under the rules and regulations of the City of Aspen.The four free-market units shall not be combined. The four free market units are limited to 1,500 square feet of net livable floor area and are permitted to be expanded up to 2,000 square feet of net livable floor area upon landing the appropriate number of Transferrable Development Rights(TDR's). TDR's used for additional net livable floor area up to 2,000 square feet per free market unit shall be submitted and extinguished at building permit submittal. Section 8: Proiect Uses A. Specifically approved as part of the Planned Development review for Lot 1 is the ability for the mixed-use lodge to contain restaurant and retail uses and for construction of new lift towers and skier return. City Council Ordinance No.39,Series 2016 Page 7 of 31 B. Specially approved as part of the Planned Development review for Lot 2 is the ability for the lot to contain the relocated future ski lift alignment, development of new lift towers, regrading for skier return, regrading for the Aspen Mountain service road, traditional ski and non-mechanized recreational operation maintenance activities, and ski race finish/special event use viewing area. The viewing area shall obtain all required special event permits prior to operation, as necessary. C. Service gates are permitted to be placed at the entrance of the realigned Aspen Mountain service road on Lot 2. The service gate locations, dimensions, materials, and color shall be administratively reviewed and approved by the Community Development Department. D. Approved as part of the Planned Development review for Lot 1 is the ability for Public Amenity Space to be partially covered by overhangs due to the close proximity of this space to the future ski lift alignment. Public amenity space is also approved to be oriented to the eastern ski slope. Section 9: Special Review for Lodge Density A. The City Council finds that the proposal to increase lodge unit density complies with the Special Review criteria pursuant to Land Use Code Section 26.430.040. The City Council finds that the lodge includes a generous amount of non-unit space and amenities for lodge guests in the form of an "accessory lodge" meeting room and an "accessory lodge" spa both for use by lodge customers only and not the general public. The lodge also contains a range of lodge unit sizes and configurations. The City Council approves an increase in lodge unit density by 10%which represents 1 lodge unit/550 square of gross lot area (81 lodge units/44,545 square feet of gross lot area) and the associated floor area, height, and employee mitigation incentives established with the density of 1 lodge unit/500 square feet of gross lot area. Section 10: Special Review for Affordable Housing A. The City Council finds that the proposal to place the onsite 1-bedroom affordable housing unit more than 50%subgrade meets the Special Review criteria pursuant to Land Use Code Section 26.430.040. The location of the unit will not have any adverse impacts to the neighborhood, and the City Council approves this portion of the request. The unit shall comply with adopted building codes regarding ingress and egress. Section 11: Growth Management Allotments Following growth management allotments are allocated to the lodge on Lot 1: • 4 free market residential dwelling unit allotments(from 2016 GMQS calendar year) • 1 - 1 bedroom affordable housing unit allotment. (from 2016 GMQS calendar year) • 7,730 sq. ft. of new commercial net leasable space. (from 2016 GMQS calendar year) • 112 lodging pillows,which equals 56 lodging keys, from the 2016 GMQS calendar year, with approval for 50 lodging pillows,which equals 25 keys,to be granted from the 2017 GMQS calendar year. City Council Ordinance No.39,Series 2016 Page 8 of 31 Section 12: Affordable Housing The following calculations are based in the Land Use Code in effect at the time of application, March 29th, 2016. The included calculations are based on conceptual level depictions of the uses. Updated calculations will be conducted at final review and confirmed at building permit. A. Gorsuch Haus Mitigation Lodge Use 12.83 FTEs Free Market Residential Use 4.64 FTE mitigation Commercial Use 8.85 FTE Commercial mitigation requirement Sub Total 26.32, Category 4 Total Required Mitigation w/ 21.68 FTE, Category 4 Employee Generation Review Employee Generation Review, Initial mitigation reduction The Applicant has requested and has been approved to have a project specific review of employee generation that particularly reflects the allowance in Section 26.470.050.C.6 for lodge development. This recognizes an efficiency of service between the free-market and the lodge components of the project. A reduction of 4.64 FTEs is permitted;however,this reduction requires an audit, two (2) years after issuance of Certificate of Occupancy, to evaluate actual employee generation. If the free-market component is shown to generate FTEs greater than those supplied by the lodging component, mitigation shall be required commensurate with the employees generated by the free-market component up to an additional 4.64 FTEs(estimate)as calculated in accordance with the Land Use Code in effect at the time the Application was submitted by the Applicant. APCHA shall request the audit from Gorsuch Haus. Failure to request the audit shall not render any of the approvals invalid. Gorsuch Haus shall provide the Housing Authority and the Community Development Department with the audit report. The Housing Authority and Community Development Department shall forward the audit to the Housing Board for a recommendation and City Council will make the final decision of whether additional mitigation is required based on such audit. Any reasonable costs for the audit shall be paid by the Applicant. B. Method of Mitigation. In addition to the provision of one on-site affordable housing unit, mitigation may be satisfied utilizing on-site units,off-site units,"buy-down"units,or City of Aspen Affordable Housing Credits. Off-site units may be provided at locations within the Aspen Urban Growth Boundary. Cash in lieu is not permitted to satisfy affordable housing mitigation requirements. C. Timing of Mitigation. Required Affordable Housing mitigation shall be satisfied prior to issuance of a Certificate of Occupancy for the Gorsuch building. City Council Ordinance No.39,Series 2016 Page 9 of 31 D. The existing Lift 1 A ski operations space (consisting of approximately 2,500 square feet of ticketing, restroom facilities, and ski patrol space) shall be demolished and replaced, as contemplated under Ordinance No. 38, Series of 2018. Precise floor area shall be verified at building permit submittal. Section 13: Employee Housing Unit The project as approved includes one (1), one-bedroom employee housing unit. This provides 1.75 FTE of required mitigation. Affordable Housing Conditions. The one(1)affordable housing unit shall be deed restricted at Category 4(or below)and shall meet the following conditions: A. The deed restriction shall be recorded for the affordable housing unit prior to a Certificate of Occupancy(CO)being issued for the housing unit. The CO for the affordable housing unit shall be issued at the same time or prior to the CO for the lodge,free-market residential units, and commercial space of the hotel. B. All tenants shall be approved by APCHA prior to occupancy. C. Employees of the hotel shall be exempt from maximum assets and maximum income for the on-site units; however, the tenants shall not own any other property within the ownership exclusion zone and must work full time as defined in the APCHA Guidelines. D. Minimum occupancy shall be obtained for each unit,as defined in the APCHA Guidelines. E. The units shall not be vacant for longer than 45 days,unless APCHA notified as to why the unit has been left vacant. F. Washer and dryer shall be provided in employee housing unit. G. The affordable housing unit shall be assigned one parking space in the underground garage, and they shall not be a stacked or tandem space. H. The affordable housing unit shall be a rental unit. The Condominium Declaration shall include language, to be reviewed and approved by APCHA, that should the affordable housing unit become an ownership unit: 1) It will be sold through the lottery system. 2) The dues will be based on the assessed value of the deed-restricted units vs.the free- market unit as well as the square footage of the units; 3) No common expenses will be charged to the deed-restricted owners,unless approved by APCHA. 4) A separate HOA shall be created for the deed-restricted employee housing unit, if required by APCHA. Section 14: Aspen Street Improvements The creation of a cul-de-sac at the terminus to Aspen Street is conceptually approved and the conceptual design is depicted as an exhibit to this Ordinance. The final design of the cul-de-sac City Council Ordinance No.39,Series 2016 Page 10 of 31 will be evaluated by the Engineering Department and Fire Department and a recommendation made to the Planning and Zoning Commission at Detailed review. Consistent with the terms and provisions of Ordinance No. 28, Series of 2011, the Applicant agrees to a reimbursement agreement being developed to assist, on a proportionate basis, in the cost of the reconstruction of S. Aspen Street as depicted on the engineering drawings prepared by Schmueser Gordon Meyer Inc. and recorded as part of the final development approvals for Lift One Lodge in Plat Book 102 at Pages 11-19 (the "South Aspen Street Improvement Plans"). The reimbursement agreement shall include a reimbursement formula utilizing the proportion of linear feet of South Aspen Street frontage allocated to properties on South Aspen Street,with 20.45 %being allocated to Lot 1. The reimbursement agreement shall also include cost recovery provisions consistent with the development approvals for the One Aspen Townhome project, which has previously made within the South Aspen Street right of way certain road surface and sidewalk improvements as well as certain infrastructure improvements (including water lines, sewer lines and shallow utility lines). The costs for cul de sac improvements beyond the scope of originally approved South Aspen Street Improvement Plans shall be allocated fully to Gorsuch Haus. Section 15: Planned Development—Detailed Review In addition to the general documents required as part of a Planned Development—Detailed Review, the following items shall be required as part of the Application's Planned Development—Detailed Review: A. An Outdoor Lighting Plan,pursuant to section 26.575.150. B. An existing and proposed Landscaping Plan, identifying trees with diameters and values. C. A draft Construction Management/Phasing Plan. D. A snow storage and snow shedding plan. Snow is permitted to shed from Lot 1 onto Lot 2 as well as from Lot 2 onto Lot 1, but snow is not permitted to shed off roofs onto other neighboring properties. Demonstrate that any snow which sheds off roofs will remain on- site. E. An updated and final Transportation Impact Analysis(TIA), including a monitoring plan. F. A final engineered design for the S.Aspen Street improvements. G. A draft subdivision and vacation plat H. Draft Ski Operations Plan I. At Detailed Review submission, the Applicant shall submit a draft revocable encroachment license agreement for the hardscaping, pedestrian lighting, pedestrian benches, and landscaping improvements within the Hill Street Right of Way. This revocable encroachment license agreement shall be preliminarily reviewed by the Engineering Department and City Attorney. Final review and execution of this license agreement shall occur concurrently with recordation of the final subdivision plat. J. At Detailed Review Submission,the Applicant shall submit draft utility easements for any existing or potentially future utilities within the Summit Street Right of Way and the South Aspen Street Right of Way. This agreement shall be preliminarily reviewed by the Engineering Department and City Attorney. Final review and execution of this easement shall occur concurrently with recordation of the final subdivision plat. City Council Ordinance No.39,Series 2016 Page 11 of 31 Section 16: Subdivision/PD Plat and Agreements The Applicant shall submit a Subdivision/PD agreement(hereinafter"Agreement")that meets the requirements of the Land Use Code within 180 days of final approval. The 180 days shall commence upon the granting of Final Commercial Design and Planned Development — Detailed Review approvals by the Planning & Zoning Commission. The recordation documents shall be submitted in accordance with the requirements of Section 26.490 Approval Documents of the Land Use Code. A. In accordance in Section 26.490.040,Approval Documents Content and Form,the following plans are required in the Approved Plan Set: 1) Final Commercial Design Review/Architectural Character Plan 2) Planned Development Project and Detail Review Plans. 3) Mud flow and Storm Water Mitigation Plans 4) Public Amenity Plans. 5) Public Infrastructure Plan. 6) Final Transportation Impact Analysis(TIA), including a monitoring plan. 7) Subdivision Plat. 8) Street,Alley and Easement Vacation Plat B. In accordance with Section 26.490.050, Development Agreements, a Development Agreements shall be entered into with the City. At a minimum the development agreements shall include: 1) A preliminary construction staging and sequencing plan that includes coordination among Gorsuch Haus, Lift One Lodge, and Aspen Skiing Company. Such construction staging and sequencing plan shall provide that ASC will install the new lift, including the Future Lift Terminal and towers, no later than as promptly as it reasonably and safely is able to following completion of the garage, subgrade structures and foundation,vertical construction and enclosing of the Gorsuch Haus and Lift One Lodge buildings. 2) Easements or long-term irrevocable licenses to provide for ski operations to operate on the properties associated with the ski corridor. 3) In accordance with Section 26.490.060,Financial and Site Protection Requirements, the Applicant shall provide a site protection guarantee (subsection B) and a site enhancement guarantee(subsection Q. 4) In accordance with Section 26.490.070, Performance Guarantees, the following guarantees are required in an amount equal to 150%of the current estimated cost of the improvement: • Landscape Guarantee for landscaping placed on Lot 1 and Lot 2 • Public Facilities and Public Infrastructure Guarantee associated with Lot 1 and Lot 2. • Storm Water and Drainage Improvements Guarantee associated with Lot 1 and Lot 2. 5) In accordance with Section 26.490.060.A,Proofo Financingbefore the issuance of a building permit for the development of any parcel, and as a condition of such approval, owner shall provide to the City Building Department and City Attorney City Council Ordinance No.39,Series 2016 Page 12 of 31 for review and approval, satisfactory evidence that owner has in place sufficient financing to accomplish and complete the construction of the development of the project covered by the building permit and any public improvements identified within an improvements agreement and required under this ordinance;provided, if there is no loan with respect to development of the project,then owner shall provide a letter from a financial institution stating that the owner has funds available in an amount that covers the estimated cost of construction for the development. Such financing may include without limitation, a construction loan from an institutional lender or lenders and equity capital investments and/or donations from owner or third party investors or contributors. In addition, before issuance of a building permit for the project, owner shall provide supporting cost estimates for all improvements covered by the requested building permit prepared by owner's general contractor for review and approval by the City of Aspen Building Department. 6) A Condominium Map shall be competed for the development in accordance with Section 26.480.050(A), Condominiumization. C. Other Necessary Approval Documents—specific to this approval 1) License and Easement Agreements—necessary agreements outlined in Section 5,shall be submitted for review and approval. 2) Other Agreements as necessary—between the stakeholders to the project including: The City of Aspen, Aspen Historical Society, Aspen Skiing Company, Lift One Lodge,and Gorsuch Haus. Section 17: ESA Reviews A. The City Council finds the application meets the 8040 Greenline review criteria and finds that the approved development will have minimal effect on the Wheeler view plane. Section 18: Engineering Department A. The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code,Title 21 and all construction and excavation standards published by the Engineering Department. B. Drainage: The Project shall meet the Urban Runoff Management Plan Requirements. A compliant drainage plan, including a 100-year mudflow analysis, must be submitted with a building permit application. A draft mudflow analysis for the Lift One Lodge Project and Gorsuch Haus Project was submitted to the City with the Application for Project Review based on pending mudflow regulations that are anticipated to be in effect prior to submission of the building permit applications for the Project. This draft mudflow analysis was prepared by Tetra Tech and dated November 7, 2018. The City hereby accepts the criteria and findings described in such draft mudflow analysis on a conceptual basis. C. Sidewalk/Curb/Gutter: All sidewalk curb and gutter shall meet the Engineering Standards of City of Aspen Municipal Code Title 21. City Council Ordinance No.39,Series 2016 Page 13 of 31 D. Excavation Stabilization: Due to the scale of excavation and proximity of excavation to neighboring properties, an excavation stabilization plan shall be submitted to the Engineering Department at building permit submittal. Soil stabilization shall be located within the property boundaries or follow section 21.12.140 of the Municipal Code. E. Ground Stability Monitoring: In order to ensure that development of the Project does not exacerbate naturally occurring ground movement, an inclinometer shall be installed and maintained by Gorsuch Haus or its successors or assigns with bi-annual readings taken through the time of issuance of a Certificate of Occupancy. The first Building Permit application for the Project shall include a report on the initial readings and a subsequent report is required prior to issuance of a Certificate of Occupancy. F. TIA: At Detail Review, the Applicant shall submit detailed plans that include mudflow analysis, detailed utility plans, and address all comments provided as part of the Development Review Committee on September 26,2018. The Applicant shall also submit revised commitments as part of the TIA Review to remedy the 22 point deficit in this analysis. Section 19: Fire Mitigation A. All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access(International Fire Code(IFC),2003 Edition, Section 503),approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Similarly, all Tramway Board codes and/or regulatory requirements applicable to the Gorsuch Haus Planned Development shall be met. Section 20: Parks Department A. Tree removal permits are required prior to issuance of a building permit for any demolition or significant site work. Mitigation for removals(after factoring in any appropriate credits) 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. Any plantings on the roof shall not qualify as mitigation.The Applicant shall explore potential sites around the property to allow planting and full maturation of trees outside of the ski corridor and considering its contemplated uses. This shall be included as part of the PD Detail Review. B. 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. C. Prior to final approval, the Applicant shall finalize the dedication of the proposed pedestrian and bicycle public access trail that provides access from Hill Street to the existing public access and skiers easement recorded at BK 4, PG 489 to the satisfaction of City Council Ordinance No.39,Series 2016 Page 14 of 31 the Parks Department. The reception number associated with this dedication shall be crossed referenced on the final plat. D. Prior to final approval, the Applicant shall finalize the dedication of a proposed public access easement that permits access across Lot 2 and is commensurate with Aspen Mountain Service Road to the satisfaction of the Parks Department. The City agrees that such public access may be managed to restrict access from time to time at the discretion of the Aspen Skiing Company for safety, maintenance, operations, loading, unloading, and staging purposes, as it determines. The reception number associated with this dedication shall be crossed referenced on the final plat. Given the close proximity of the Hill Street access easement dedication,this easement may coincide with subsection C above. E. Prior to final approval, the Applicant shall finalize the dedication of a public access easement on the western stairway of the lodge development to the satisfaction of the Parks Department. The reception number associated with this dedication shall be crossed referenced on the final plat. Section 21: Aspen Consolidated Sanitation District Requirements A. Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. Prior to certificate of occupancy for the building, the Applicant shall connect to the recently upgraded sanitation sewer line in the South Aspen Street. Prior to construction of the connection, the connection shall be approved to the satisfaction of the District. Section 22: Environmental Health Department A. 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. B. Additional materials shall be submitted as part of the Detail Review application inclusive of but not limited to appropriate sizing of the trash/utility enclosure, delineation of clearance of the waste enclosure, and clarity on co-location of trash and utilities to ensure adequate room is provided. Special Review approval from the Environmental Health Department to satisfy dimensional requirements may be required. C. The City and the Applicant understand and acknowledge that functional operation of the Lift 1 Corridor requires that SkiCo undertake certain maintenance and operational activities, including snow making, snow grooming, lift maintenance, load in and load out for special events and mountain operations, outside of operational hours, including during early morning, evening, and night time hours throughout the Lift 1 Corridor. Section 23: Water/Utilities Department A. 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. All Water System Distribution standards in place at the time of building permit shall apply, City Council Ordinance No.39,Series 2016 Page 15 of 31 and all tap fees will be assessed per applicable codes and standards. Utility placement and design shall meet adopted City of Aspen standards. Section 24: Outdoor Lighting and Signage A. All outdoor lighting and all signage shall meet the requirements of the Aspen Municipal . Code. Section 25: Building Department A. The Applicant shall meet all applicable building and accessibility codes in place at the time of building permit submission. The elevators are required to meet IBC accessibility requirements. The affordable housing unit shall be provided with an ADA compliant circulation path within the site that connects the units to the parking and the public right of way. Section 26: Colorado Passenger Tramway Safety Board Review A. The Colorado Passenger Tramway Safety Board will conduct a review of the lift and ski corridor for compliance with safety and design standards. If the review by the Tramway Board requires modification to any element of the design of this approved project to comply with standards, such modifications will be reviewed and may be approved administratively by the Community Development Director. Any required modifications that have significant impacts to height, mass or scale, or site planning will be reviewed during Detailed Review with Planning and Zoning Commission and may require an Amendment to the Planned Development Project Review. Section 27: Cost Sharing A. As provided in Ordinance No.38,Series of 2018, it is acknowledged that the City of Aspen agrees to contribute a fixed amount of$4,360,000 to Lift One Lodge in support of the public facing elements of the project, including improvements to Dean Street and the relocation and rehabilitation of the Skiers' Chalet Lodge. B. The funds approved pursuant to Ordinance 38 shall be budgeted and appropriated in 2019 and held in escrow to be released to the Lift One Lodge upon the completion of the new, Lift IA ski lift. The terms of the escrow consistent with Ordinance 38 shall be specifically described in an escrow agreement between the parties. C. This amount is fixed by the approval of Ordinance 38. Any future proposal to increase this amount will require approval by a majority of the voters of the City of Aspen. D. This contribution to the project by the City of Aspen, does not preclude Lift One Lodge from meeting the requirements of development specified by Ordinance 38. E. This cost sharing contribution will be recognized and further defined within the development agreement between the City of Aspen and Lift One Lodge. F. At the time of demolition of Aspen Skiing Company's existing Lift I ski operations space (consisting of approximately 2,500 square feet of ticketing, ski patrol and restroom City Council Ordinance No.39,Series 2016 Page 16 of 31 facilities space),Applicant shall contribute$1,000,000 toward the relocation,rehabilitation and repurposing of the ski operations related elements of the Skier's Chalet Building. Such funds shall be held in escrow and released to Lift One Lodge upon its delivery of the relocated and rehabilitated Skier's Chalet Building in a"white box condition"as provided in Ordinance No, 38, Series of 2018. If the delivery of the relocated and rehabilitated Skier's Chalet Building in"white box condition"takes place prior to the demolition of the existing Aspen Skiing Company Lift IA ski operations space, then Gorsuch Haus shall deliver the $1,000,000 contribution directly to Lift One Lodge at time of delivery. Section 28: Lot 2 Development Restriction A. The property owner/Applicant shall include a plat note on the final subdivision plat,for review and approval by the Community Development Director and the City Attorney, that restricts the reconfigured Lot 2 against all future residential building and residential development and other land uses and activities that are not consistent with the intent and approved development outlined in this ordinance. This plat note shall include a provision that authorizes the construction and use of all ski and non-mechanized recreational infrastructure, including ski lifts, towers, snowmaking equipment, accessory and support structures pursuant to this ordinance as well as the ability to conduct skiing, recreational uses that do not require mechanized infrastructure, all related ski and recreational operations and accessory ski and recreational uses, including snowmaking, snow management, grooming, hiking, biking, up- hilling and events related thereto, as well as traditional and routine ski operations and maintenance,on the property, including mountain access road use and maintenance, as well as motorized vehicle,equipment and material staging and access in both winter and summer seasons along the mountain access road. This plat note shall also include a provision for the ability to conduct all ancillary and approved special events on the property. This language shall be reviewed, approved, and executed at the time of recordation of the final subdivision plat. B. Any amendment to the condition relating to residential building and residential development shall require a successful majority vote of the public. Section 29: Public Amenity Spaces A. The Applicant has committed to providing a total of 11,136 sq. ft. (minimum of 25%) of public amenity space of which a portion of this space is located on the rooftop. These spaces shall be permanently accessible by the public through stairs and/or elevators. These spaces shall not be enclosed with temporary or permanent walls/windows or otherwise enclosed as interior conditioned space, except for tents and similar soft-sided enclosures that may be allowed pursuant to the land use code. Due to the proximity of the proposed telemix lift,some areas of public amenity may be covered. Final design and approval shall be granted at Detailed Review. Approved rooftop Public Amenity Space shall be subject to a public access easement. Section 30: South Aspen Street Winter Maintenance: The City of Aspen has considered the potential traffic impacts to South Aspen Street from the approved Gorsuch Haus Development and Lift One Lodge Development (Applicants), including the ability for South Aspen Street, as it exists, to provide safe, unobstructed access. Due to its City Council Ordinance No.39,Series 2016 Page 17 of 31 steep grade, narrow width, and north facing aspect, requiring South Aspen Street to be improved with a snowmelt system has been considered in relation to the subject applications. At the time of this approval,the City of Aspen defers requiring the Applicant to install a snowmelt system. The purpose of this deferment, is to engage in a process to evaluate the efficacy of requiring the Applicants to install a South Aspen Street snowmelt system. At the conclusion of this process,the City of Aspen may require installation. The following timeframes, service/maintenance adjustments, and triggers shall be used to evaluate the potential installation of a snowmelt system: Year 1 - from date of Final approval: A. The Applicants shall complete a traffic study that provides a baseline evaluation of existing traffic volumes associated with the existing land uses located along South Aspen Street. The traffic study shall include an evaluation of future traffic impacts as a result of the Gorsuch Haus development, the Lift One Lodge Development, and new location of the future lift terminal near Dean Street. This evaluation of future traffic impacts shall consider the width, grade, and winter conditions of South Aspen Street and consider types personal and commercial vehicles that will access the future lodges. Once complete,this study shall be submitted to the Community Development Director for evaluation. B. The City of Aspen shall evaluate the general impacts and potential effectiveness of alternative product applications that could provide increased traction on South Aspen Street such as salt-based de-icers, use of Magnesium Chloride or other similar product, increase application of sand or other similar material, or some combination of these alternatives. The City of Aspen shall also evaluate the potential of resurfacing South Aspen Street with a combination of traction base material, permanent bonding, and grooved pavement, as well as restrictions on vehicle types and vehicle tires. These evaluations shall include referral comments from the Environmental Health Department for environmental impact consideration and the Engineering Department. Included in this evaluation will be a water quality monitoring program(in coordination with the City Engineering Department subject to generally accepted engineering standards)to establish a baseline water quality level and measurement of impacts of implemented alternative maintenance strategies(including any salt-based de-icers and increased sanding impacts). Once complete,the evaluation shall be released to the Applicants. Year 2—from date of Final approval: C. The City of Aspen shall identify current snowmelt system technologies and evaluate the financial and environmental costs of installation, maintenance, and operation of such a system. The City of Aspen shall also explore renewable energy alternatives associated with this potential installation. Due to the unknown timeframe for completion of the Gorsuch Haus and Lift One Lodge developments and the potential for future improvement in snowmelt technologies, the City of Aspen may choose to further evaluate snowmelt technologies past this established timeframe. Within 1 year of the completion of the Gorsuch Haus and the Lift One Lodge: D. Post development of the Gorsuch Haus and the Lift One Lodge, actual traffic impact to South Aspen Street shall be evaluated by the Applicants. This evaluation shall include a traffic study that details average and peak traffic volume counts and details the use of South City Council Ordinance No.39,Series 2016 Page 18 of 31 Aspen Street in relation to the types of personal and commercial vehicles that are used in both summer and winter conditions. Once complete, this study shall be submitted to the Community Development Director for evaluation. This traffic study shall be considered in tandem with the baseline traffic study that was required in subsection A above. E. The City of Aspen shall engage in alternative snow plowing, snow storage, and snow removal techniques that are proportional with the full commercial operation of the Gorsuch Haus and Lift One Lodge developments. These techniques shall be documented and logged. The City of Aspen,the Gorsuch Haus,and the Lift One Lodge shall evaluate these techniques for their effectiveness to provide safe access to the lodge developments. F. Should increased winter service maintenance to South Aspen Street not provide reasonably safe access to the lodge developments, the City Council, at its discretion, shall consider, and potentially implement,the use of alternative product applications and/or an alternative traction surface to South Aspen Street using the evaluation outlined in subsection B above. G. If it is found that a snowmelt system is the only mechanism to adequately and reasonably respond to winter street conditions and associated traffic impacts from the lodge developments, the City Council at a public meeting, using the information outlined above and at their discretion, shall have the ability to require the Gorsuch Haus and the Lift One Lodge, or assigns,to install a snowmelt system within South Aspen Street. The following triggers shall also be used to evaluate this requirement: o Unsafe conditions on South Aspen Street that do not allow the safe access of vehicles to the approved lodge developments. o Excessive City of Aspen cost overruns and environmental impacts due to the increased service maintenance measures to South Aspen Street. H. Should installation of a snowmelt system in South Aspen Street be determined to be required according to the foregoing procedures,Lift One Lodge and Gorsuch Haus hereby agree to each contribute one-third (1/3) of the cost for such installation, operations, and maintenance. As Aspen Street is a public street, any contemplated snow melt system is exempt from applicable REMP (Renewable Energy Mitigation Program) fees. Section 31: Construction Sequencing The Applicant has represented a general timeframe for the potential sequencing of construction associated with development of the Gorsuch Haus,the Lift One Lodge,and the replacement of the future Lift 1 ski lift. This representation is identified in a November 16, 2018 memorandum to City of Aspen Staff and can be viewed in Exhibit C. Section 32: Election Pursuant to Section 5.5,of the Home Rule Charter for the City of Aspen, and Resolution No. 2, Series of 2019, City Council refers this Ordinance No. 39 (Series of 2016)to the voters at the next scheduled general election. City Council Ordinance No.39,Series 2016 Page 19 of 31 Section 33: School Lands Dedication and Impact Fees The Applicant shall pay all impact fees and the school lands dedication assessed at the time of building permit application submittal and paid at building permit issuance. Section 34: 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 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 an authorized entity. Section 35: 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 the ordinances repealed or amended as herein provided,and the same shall be conducted and concluded under such prior ordinances. Section 36: Severability 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 37: TABOR Except as set forth above in Section 26 with regard to the City's irrevocable pledge of cash reserves toward cost-sharing of certain future improvements,none of the City's obligations hereunder shall be construed to constitute a general obligation indebtedness or multiple year direct or indirect debt or other financial obligation whatsoever within the meaning of the Constitution or laws of the State of Colorado, and any financial obligations of the City pursuant to this Ordinance shall be contingent upon annual appropriations by the City Council of the City of Aspen in accord with all local government budgeting laws applicable to home rule municipalities within the state of Colorado. City Council Ordinance No.39,Series 2016 Page 20 of 31 INTRODUCED,READ AT 1ST READING,AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 12th day of December,2016. A4ai6dYaA'nmugjfity Ap ved s to co tent•C/ Cler Steven Skad on,Mayor REFERRED to the voters pursuant to Resolution #2, Series of 2019 this 7th day of January 2018. A t: Linda Manning,City Cl e lc Steven Skadro ,Mayor Approved as to form: mes R.True,City Attorney Attachments: Exhibit A - Site plan and elevations Exhibit B - Dimensional standards Exhibit C -November 16th, 2018 memo regarding construction sequencing Exhibit D -Growth Management Mitigation Calculation Exhibit E-Legal description City Council Ordinance No.39,Series 2016 Page 21 of 31 , Exhibit A—Site Plan and elevations SITE PLAN NOTES •.'/ \\\ \ � 'i9mgrYiu•nun� / \\\ 3 � � rD 14]uM9•too / \ e]Y Au'r b I•iu'•Gl NnW nd a MxnM �)) Hrenoa / / `. i- � j ( •It Gcwsli M.a HmelWG.er CMcln i 1:som wrere]Ic4a].c � / 13 e>�etliq Gonprry Dva 1 i 1 1' xY ooa- eTulwx � 1 f/IAAIE E W llllt �� ..'M?� 4•BLE 11J EHI.1:Y Mix ., .I MOUNTAIN 1 �� _... �•\_ OUEEN Ir 1__ 4 CONDOMINIUMS V `moi ;Yt III ORSUPoo CHHAUS ) er W A I .I MO•N IN IS r 1 1 1 ,./ C COND 11 UMS r 1 PROPOSED 1 •ti `�--.-.n 'F f: LIFT ONEPROPOSE! I I r FT ONE I - ' r LODGE jLODGE /) FOOTPRINT r I 3.1•I r FOOTPRINT 4 I j ) rtir;�� Gorsuch H a u sI—I �1 DESIGN WURKSHUP Site Plan T, IJ I NwarlDr G.m]e 4,Dcn Col or,]D City Council Ordinance No.39,Series 2016 Page 22 of 31 North elevation: Q Q Q Q Q Q Q Q Q I I I I I I I I I LI , I _—l�I I_�_I I I I —_—_—_ _ _� �_�_�_ _—_—_—_—_—R. ,yP I I I I I I I I I --- L� I� ---T-T-T--r�- - I- --1------------ ter.• — — — — — — - --I--I--I— --------- --�vE�oe:ec— �Y LEVEL 0ISK'e_�• _—_—_LEM04L--1 t7i 1 .eooae�unoeowrn ........- r��'. I - I• � �I� •.1. .. -I t—^ t2r-Y Y .=*ucxo�rtl•a r.miias.�.wti , I ��l urn i++wr —_ _—1EYEL3�iWt2ti:.1 • LEVELot'G-' East elevation: Y 21 I ... � waM.iT KugretnuanwarAm�a� 1 1 I ItCOI�l::-J II if+El �ll➢e ,"a,�:,,-:'r.��------ r ------ 4"W -- --1 —_--------- � 1 ly I I I I I I IL IL I I I I IL IL 1 ---------I----II----II----II----1----L---L— ° •Y 10, City council Ordinance No.39,Series 2016 Page 23 of 31 South elevation: H G F E A2 D B A PROPW'D GRADE 46 OFFSET �........ ........ ........ .... .. ....................... ...... ....... 178'e'-c• I I _LEVEL 04(8087) $ _L_JEL 08(8073.1-�I1 ,Rz -6 F— GRaDE ( I __ _ _ _ _ I _ _ _ LcV�L C7 f8.�92'-b� I I West elevation: -----------�`- -- -- ` — --- — — --- -- , ---_—_—_—_— ---�—_.yv.e>+r-ea•vc_—�� ' ��_•__�- lC ilLL 1F�� _-_ -__ dint City Council Ordinance No.39,Series 2016 Page 24 of 31 Exhibit B—Dimensional Standards Dimensions Lodge Zoning Minimum lot size 44,545 (Lot 1) Minimum net lot area NA per dwelling unit Minimum lot width +/-60 ft. Front yard 5 ft. Side yard 5 ft. Rear yard 5 ft. Maximum height 40 ft. Floor area 64,023 sq.ft. Lodging floor area 42,077 sq.ft. Commercial floor area 7,730 sq.ft. Multi-family floor area 8,633 sq.ft. Affordable housing floor 1-1 bedroom area unit. 730 sq. ft. 4 units. 1,500 sq.ft./per Maximum multi-family unit. Up to size cap 2,000 sq. ft./per unit via use of TDR's Lodge 81 keys=41 Minimum spaces off-street Residential 4 units=4 parking spaces s aces Commercial 7,730 sq ft. _ 7.7 spaces Public Amenity Space Minimum of 11,136 sq.ft. City Council Ordinance No.39, Series 2016 Page 25 of 31 Exhibit C—Constr-uction Sequencjng Representation DESIGNO)I*,-I I, MEMORANDUM Landscape Archite6tLfe Planning To Jessica Garrow,Jennifer Phalen,Mike Kraemer Urban Design and Ben Anderson From Gorsuch Haus,Lift One Lodge,Aspen Skiing 120 East Alain Street Company Aspen,co 81611 Dale November 16,2018 970-9258354 Project Name. Lift One Corridor emw.des,g—orkshcp com Subject Approval Process,Construction Sequencing and Ski Area Operations Introduction This statement of intent provides direction for the coordination and sequencing of the proposed Lift One Corridor Plan including Lift One Lodge,Gorsuch Haus,City of Aspen parks and the replacement of Lift 1A These projects are intertwined,necessitating that the sequential steps of construction and phasing be considered at the outset The Stakeholder group is resolved to make the Lift One Corridor plan possible We propose a schedule that minimizes skiing disruption and moves the project forward to a coordinated way We are confident that scheduling can be resolved with careful planning and cooperative posture between the private and public projects The following reflects the timeline ahead for the Lift One Corridor Vision 1. Detailed Plan Review and Final Development Plast Approvals Following the public referendum to be scheduled in March 2019,the Detail Plan Reviews for the Lift One Lodge and Gorsuch Haus projects with Planning and Zoning,Historic Preservation Commission and the Colorado Passenger Tramway Safety Board will be coordinated,requiring an approval by each decision- making body Final Development Plans and Development Agreements will be approved to complete the projects land use process 2. Construction Documents and Building Permits The Gorsuch Haus Lift One Lodge,Aspen Skiing Company.the Aspen Historical Society's Skier Museum and the City of Aspen Parks will coordinate to complete the construction documents for the planned improvements of the Lift One Corridor Vision The City Aspen Building Department review period will occur period before the issuing of budding permits 3. Construction Start Date Once all approvals have been achieved and the land comprising the corridor becomes available for return skiing snow storage and snow making the projects will commence construction the following April at the close of the ski season,with the Lift being removed at the latest date needed to commence Gorsuch Haus site work.The total duration of construction for the Lodge developments will be between 24 and 28 months 4. Variables There may be uncertainty as to the actual year construction would occur.In addition to construction to be undertaken,there are other factors such as project financing,marketing,and logistical considerations Acknowledging these factors have been accounted for,there remains risk that affect all projects with either Public or Private sponsored. City Council Ordinance No.39,Series 2016 Page 26 of 31 3. Construction Sequencing In past projects,there has been the need to coordinate operational aspects of protects at the base of Aspen Mountain and generally there has been the ability to accomplish such efforts,without undue stress if planned in advanced The driving factors for coordinated construction schedule include the requirements of Aspen Skiing Company operations a desirable ski experience and minimizing disturbance to skiing.Stakeholders in the Lift One Corridor Plan agree that starting the projects together is the best method 10 reduce the impact to skiing and offers the ideal of one ski season interruption This would allow earthwork.utilities,foundations.subgrade structures and exterior portions of the structures to be built during a total of 20 months of construction. The schedule below describes a method that could apply to any actual year Assuming an April start date,following the end of a ski season,the Stakeholders envision the following sequence • April Year 1:Earthwork,utilities foundations,subgrade structures and exterior portions of the Lodge projects begin and the existing Lift 1A is removed. • Winter Year 1 Lift 1A not in operation for the ski season • Cate summer Year 2.Subterranean construction at Lift One Lodge and lift platform located over the underground parking structure is completed Lift 1A replacement construction is completed to resume operation by the upcoming ski season Construction of the skiway is completed to allow return skiing to the new Lift 1A terminal Skier services and ski patrol program construction will be complete and occupiable • Fall Year 2:Public park improvements public roadways and the exterior portions of the lodge developments are completed • Winter Year 2:Skiing resumes on the 1A side of Aspen Mountain after 20 months of construction.Lodge construction areas are fully fenced to allow construction to continue as the skiing operations are underway Construction on both lodges would continue for the exterior portions of the building and finishing of interior spaces When skiing returns.all Tramway Board conditions will have been met • Summer Year 3 Projected opening of the Lift One Corridor hotels Completion of final site work The City of Aspen Parks and Skier Museum will also be completed Alternatively there is a scenario upon building permit issuance where Lift One Lodge could begin earlier With an early.independent start.existing Lift 1A would remain operational until such time that land comprising the corridor becomes available skiing for return skiing to the replacement It terminal snow storage and snow making At that time the existing lift would be removed and skiing would disrupted for one ski season while full corridor construction continues 6. Completion Assurance Financial assurance is addressed in the Land Use Code and the projects are expected to be influenced comply with the relevant sections This provides appropriate assurances to the City that the projects are prepared to proceed to completion.After obtaining project financing,lenders also insist on project completion The Aspen Skiing Company is not willing to move the lift until there is reliance on the developers ability to proceed through final construction In addition,the stakeholders are motivated to complete the project in their own enlightened self-interest With almost 70 years of ski area operation the Aspen Skiing Company is committed to an ongoing and secure future with the least disruption of skiing and maintaining high-quality guest experience Other stakeholders have deep and long-term City Council Ordinance No.39,Series 2016 Page 27 of 31 commitments and a proven history in the Aspen community The Aspen Skiing Company and stakeholders are willing to take a risk on a larger Corridor project and it is requested that City be willing to allow that risk to proceed. City Council Ordinance No.39,Series 2016 Page 28 of 31 Exhibit D—Growth Management Mitigation Calculation Average key size: 432 net livable square feet. 81 lodge keys x 0.6 (generation rate) Lodge Use = 48.6 FTE's x .2639 (interpolated) = 12.83 FTE Lodge Use mitigation requirement 4 Free Market units. 8,000 net livable square feet* .2319(interpolated)= 1,855 net livable square. Free Market 1,855 net livable square feet/400(employee square foot conversion)_ Residential Use =4.64 FTE mitigation. **Employee generation review granted for a 4.64 FTE credit. Free Market mitigation requirement=0. Restaurant,apres ski bar, small retail=7,730 sq. ft.total net leasable square feet. 5,368 square feet above grade/ 1,000 square feet=5.37 2,362 square feet below grade/ 1,000 square feet=2.36 Commercial 5.37 above grade* 4.7FTE's=25.23FTE's Use [25%reduction for subgrade commercial space x 4.7FTE's=3.525]2.36 below grade x 3.525 FTE's=8.32 FTE's. (25.23FTE's+8.32 FTE's)=33.55FTE's. 33.55FTE's x.2639(interpolated) FTE Commercial mitigation requirement Total Required 21.68 FTE,Category 4 Mitigation *Special Review for Lodge Density has been granted and affordable housing mitigation incentives are incorporated into the calculations above. **based on an approved Alternative Employee Generation Review, an economy of scale of the combined lodge/free-market project is achieved,and 4.64 FTEs are waived. City Council Ordinance No.39,Series 2016 Page 29 of 31 Exhibit E—Legal Description The legal descriptions are as follows: PARCEL 1: LOTS 1,2, 3,4,5,6,7, 8,9, 10, 11, 12, 13 AND 14, BLOCK 10,EAMES ADDITION TO THE CITY OF ASPEN PARCEL 2: LOTS 1,2,3,4,5,6 AND 7, BLOCK 12,EAMES ADDITION TO THE CITY OF ASPEN PARCEL 3:A PARCEL OF LAND BEING A PORTION OF THAT PROPERTY DESCRIBED IN THE DOCUMENT RECORDED JULY 15, 1985 AS RECEPTION NO. 156038 IN BOOK 270 AT PAGE 21 OF THE PITKIN COUNTY RECORDS AND THAT PROPERTY DESCRIBED IN THE DOCUMENT RECORDED JULY 13, 1971 AS RECEPTION NO. 146439 IN BOOK 256 AT PAGE 506; SAID PARCEL OF LAND ALSO BEING SITUATED IN GOVERNMENT LOT 1 IN SECTION 13, TOWNSHIP 10 SOUTH,RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY BOUNDARY LINE OF BLOCK 10 EAMES ADDITION TO THE CITY OF ASPEN, WHENCE THE NORTHEAST CORNER OF LOT 7 OF SAID BLOCK 10 BEARS N.15046'58"E.A DISTANCE OF 41.96 FEET; SAID POINT ALSO BEING THE SOUTHWEST CORNER OF CARIBOU CONDOMINIUMS,ACCORDING TO THE MAP THEREOF RECORDED APRIL 24, 1973 IN PLAT BOOK 4 AT PAGE 379;THENCE S.70°03'10"E.ALONG THE SOUTHERLY BOUNDARY LINE OF SAID CARIBOU CONDOMINIUMS A DISTANCE OF 1.01 FEET TO THE NORTHWEST CORNER OF MOUNTAIN QUEEN CONDOMINIUMS, ACCORDING TO THE MAP THEREOF RECORDED SEPTEMBER 27, 1974 IN PLAT BOOK 4 AT PAGE 489;THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE OF SAID CARIBOU CONDOMINIUMS S.11 025'30"E.ALONG THE WESTERLY BOUNDARY LINE OF SAID MOUNTAIN QUEEN CONDOMINIUMS A DISTANCE OF 110.77 FEET TO A POINT ON THE SOUTH LINE OF SAID GOVERNMENT LOT 1;THENCE LEAVING SAID WESTERLY BOUNDARY LINE OF SAID MOUNTAIN QUEEN CONDOMINIUMS S.89°55'06"W.ALONG SAID SOUTH LINE OF SAID GOVERNMENT LOT 1 A DISTANCE OF 53.70 FEET TO A POINT ON THE EASTERLY BOUNDARY LINE OF BLOCK 12 EAMES ADDITION TO THE CITY OF ASPEN; THENCE LEAVING SAID SOUTH LINE OF SAID GOVERNMENT LOT 1 N.15°46'58"E.ALONG THE EASTERLY BOUNDARY LINE OF SAID BLOCK 12 EAMES ADDITION A DISTANCE OF 5.21 FEET TO THE NORTHEAST CORNER OF SAID BLOCK 12 EAMES ADDITION, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF SUMMIT STREET RIGHT OF WAY;THENCE CONTINUING N.15°46'58"E.ALONG THE EASTERLY LINE OF SAID RIGHT OF WAY A DISTANCE OF 20.00 FEET TO THE SOUTHEAST CORNER OF SAID BLOCK 10 EAMES ADDITION;THENCE CONTINUING N.15'46'58"E.ALONG THE EASTERLY BOUNDARY LINE OF SAID BLOCK 10 EAMES ADDITION A DISTANCE OF 88.05 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 2,973 SQUARE FEET OR 0.068 ACRES, MORE OR LESS. PARCEL 4: A PARCEL OF LAND BEING A PORTION OF THAT PROPERTY DESCRIBED IN THE DOCUMENT RECORDED DECEMBER 19, 1946 AS RECEPTION NO.094502 OF THE PITKIN COUNTY RECORDS; SAID PARCEL OF LAND ALSO BEING SITUATED IN GOVERNMENT LOT 31 IN SECTION 13,TOWNSHIP 10 SOUTH,RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN AS DESCRIBED BY THE DEPENDENT RESURVEY AND SURVEY PLAT OF TOWNSHIP 10 SOUTH,RANGE 85 WEST, OF THE SIXTH PRINCIPAL MERIDIAN,FILED MAY 30, 1980 IN THE UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT OFFICE IN DENVER,COLORADO("BLM PLAT"); SAID PARCEL OF LAND IS LOCATED ENTIRELY WITHIN THE CITY LIMITS OF THE CITY OF ASPEN AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY BOUNDARY LINE OF MOUNTAIN QUEEN CONDOMINIUMS,ACCORDING TO THE MAP THEREOF RECORDED SEPTEMBER 27, 1974 IN PLAT BOOK 4 AT PAGE 489,WHENCE THE NORTHWEST CORNER OF SAID MOUNTAIN QUEEN CONDOMINIUMS BEARS N.11°25'30"W.A DISTANCE OF 110.77 FEET;THENCE City Council Ordinance No.39,Series 2016 Page 30 of 31 S.11 025'30"E.ALONG SAID WESTERLY BOUNDARY LINE OF MOUNTAIN QUEEN CONDOMINIUMS A DISTANCE OF 197.75 FEET;THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY LINE S.45000'00"W.A DISTANCE OF 6.42 FEET TO THE SOUTHWEST CORNER OF SAID MOUNTAIN QUEEN CONDOMINIUMS;THENCE LEAVING SAID WESTERLY BOUNDARY LINE S.45000'00"W.ALONG THE EAST LINE OF SAID GOVERNMENT LOT 31 A DISTANCE OF 281.39 FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF THE SOUTH ANNEXATION TO THE CITY OF ASPEN, COLO, ACCORDING TO THE MAP THEREOF RECORDED MARCH 24, 1967 IN PLAT BOOK 3 AT PAGE 132;THENCE LEAVING SAID EAST LINE OF SAID GOVERNMENT LOT 31 N.70°37'00"W. ALONG THE SOUTHERLY BOUNDARY LINE OF SAID SOUTH ANNEXATION TO THE CITY OF ASPEN A DISTANCE OF 757.26 FEET TO A POINT ON THE WEST LINE OF SAID GOVERNMENT LOT 31;THENCE N.14°40'13"E.A DISTANCE OF 35.71 FEET TO THE SOUTHERLY MOST POINT OF GOVERNMENT LOT 38,ACCORDING TO SAID"BLM PLAT"; THENCE ALONG THE COMMON LINE BETWEEN SAID GOVERNMENT LOT 31 AND SAID GOVERNMENT LOT 38 THE FOLLOWING TWO(2)COURSES: 1) N.38°38'25"E.A DISTANCE OF 72.34 FEET 2) N.45013'35"W.A DISTANCE OF 33.86 FEET; THENCE LEAVING THE EAST LINE OF SAID GOVERNMENT LOT 38,CONTINUING ALONG THE WEST LINE OF SAID GOVERNMENT LOT 31 N.14042'57"E.A DISTANCE OF 30.93 FEET TO A POINT ON THE NORTH LINE OF THE SEIANE 1A OF SECTION 13,ALSO BEING A POINT ON THE NORTH LINE OF SAID GOVERNMENT LOT 31;THENCE LEAVING SAID WEST LINE OF SAID GOVERNMENT LOT 31 N.89055'06"E.ALONG THE NORTH LINE OF THE SEI/4NE1/4 OF SECTION 13,ALSO BEING THE NORTH LINE OF SAID GOVERNMENT LOT 31,A DISTANCE OF 598.23 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF BLOCK 12, EAMES ADDITION TO THE CITY OF ASPEN THENCE LEAVING SAID NORTH LINES S.14050'49"W.ALONG THE WESTERLY BOUNDARY LINE OF SAID BLOCK 12 EAMES ADDITION A DISTANCE OF 6.17 FEET TO THE SOUTHWEST CORNER OF SAID BLOCK 12 EAMES ADDITION;THENCE LEAVING SAID WESTERLY BOUNDARY LINE OF SAID BLOCK 12 EAMES ADDITION S.75009'11"E.ALONG THE SOUTHERLY BOUNDARY LINE OF SAID BLOCK 12 EAMES ADDITIONS A DISTANCE OF 181.46 FEET TO THE SOUTHEAST CORNER OF SAID BLOCK 12 EAMES ADDITION;THENCE N.15°46'58"E.ALONG THE EASTERLY BOUNDARY LINE OF SAID BLOCK 12 EAMES ADDITION A DISTANCE OF 54.79 FEET TO A POINT ON SAID NORTH LINE OF SAID SEIANE 1A OF SECTION 13, SAID POINT ALSO BEING A POINT ON THE NORTH LINE OF SAID GOVERNMENT LOT 31;THENCE LEAVING SAID EASTERLY BOUNDARY LINE OF SAID BLOCK 12 EAMES ADDITION N.89055'06"E.ALONG THE NORTH LINE OF THE SEIANE 1A OF SECTION 13,ALSO BEING THE NORTH LINE OF SAID GOVERNMENT LOT 31,A DISTANCE OF 53.70 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 240,375 SQUARE FEET OR 5.518 ACRES,MORE OR LESS. City Council Ordinance No.39,Series 2016 Page 31 of 31