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HomeMy WebLinkAboutordinance.council.038-18 ORDINANCE NO.38 (SERIES OF 2018) AN ORDINANCE OF THE CITY OF ASPEN GRANTING APPROVAL OF THE LIFT ONE LODGE SUBDIVISION/PLANNED DEVELOPMENT, WITH CONDITIONS,FOR A MAJOR AMENDMENT TO A PLANNED DEVELOPMENT, SUBDIVISION (INCLUDING EXCHANGE OF CITY LAND AND VACATION OF PUBLIC RIGHT OF WAY), RE-ZONING, GROWTH MANAGEMENT QUOTA SYSTEM, COMMERCIAL DESIGN,AND RELATED REVIEWS,FOR THE PROPERTY COMMONLY KNOWN AS 710 S.ASPEN STREET,WILLOUGHBY PARK,AND LIFT ONE PARK,AND LEGALLY DESCRIBED AS LOTS 1, 2, 3 AND 4 OF THE LIFT ONE LODGE SUBDIVISION / PUD ACCORDING TO THE PLAT THEREOF RECORDED MARCH 5,2013,AT PLAT BOOK 102, PAGE 1,RECEPTION NO. 597438, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. Parcel ID:2735-131-01-001; 2735-131-01-002;2735-131-01-800;2735-131-01-801 WHEREAS, the City of Aspen Community Development Department received an application for the Lift One Lodge Subdivision and Planned Unit Development(the Application) from Lift One Lodge Aspen, LLC (Applicant), represented by Stan Clauson Associates, Inc. for the following land use review approvals: • Planned Development, Major Amendment, Project Review - pursuant to Land Use Code Chapter(26.445); and, • Subdivision (including vacation of public right of way and a land exchange between the Applicant and the City) -pursuant to Land Use Code Chapter(26.480); and, • Amendment to the Zone District Map - pursuant to Land Use Code Chapter(26.310); and, • Growth Management Quota System - pursuant to Land Use Code Chapter (26.470); and, • Commercial Design-pursuant to Land Use Code Chapter(26.412); and, • Timeshare Development-pursuant to Land Use Code Chapter(26.590); and, • Transportation and Parking Management - pursuant to Land Use Code Chapter (26.515); and, • Special Review-pursuant to Land Use Code Chapter(26.430); and, • ESA-Mountain View Plane -pursuant to Land Use Code Chapter(26.435); and, • Certificate of Appropriateness for major development, Conceptual Review—pursuant to Land Use Code Chapter(26.415); and • Vested Property Rights-pursuant to Land Use Code Chapter(26.308); and, WHEREAS, the subject property is zoned Lodge (L) and Park (P) with a Planned Development(PD) Overlay; and, VIIIVIIIVIIIVIIIVIIIVIIIIIIIIIIIIIIIIIIVIIIVIIIVIIIIIIIIIIIIIIII Ordinance No. ajSeriesof2018 inent Lift One Lodge,Major Amendment RECEPTION#: 655084, R: $293.00, D: $0.00 Page 1 of 57 DOC CODE: ORDINANCE Pg 1 of 57, 04/08/2019 at 10:18:33 AM Janice K. Vos Caudill, Pitkin County, CO WHEREAS,the original approval of the Lift One Lodge Subdivision/PUD was granted through Ordinance No. 28, Series of 2011; and, WHEREAS,an Amendment to the Planned Development was approved by Planning and Zoning Commission in Resolution No. 2, Series of 2016; and, WHEREAS,City Council,in Resolution No.41,Series of 2015,Resolution No.90,Series of 2017, and Resolution No. 71, Series of 2018 have approved extensions of vested rights; and, WHEREAS,the Lift One Lodge Project has existing vested rights through November 28, 2021; 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 Gorsuch Haus project described in Ordinance#39, Series of 2016. 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 proposed changes in the Application for the Lift One Lodge Subdivision/PD are in response to a completed study of the Lift 1 Corridor the proposed relocation of a future lift terminal to Willoughby Park, and direction from Aspen City Council to pursue changes to development to accommodate the proposed Lift 1 Corridor; and, WHEREAS,as a consequence of the proposed changes constituting a Major Amendment, all code citation references to the City of Aspen Land Use Code are in effect on the day of initial application—September 4, 2018,as applicable to this Project; and, WHEREAS,the proposed changes constitute a Major Amendment,which result in a new period of vested rights; and, WHEREAS, the Application for an Amendment to Lift One Lodge Subdivision/ PUD proposes: Resubdivision and reconfiguration of existing Lots 1, 2, 3, and 4 of the Lift One Lodge Subdivision/PUD as new Lots 1, 2, and 3 of the Lift One Lodge Subdivision/PD (the Subject Property); and, Ordinance No.38,Series of 2018 Lift One Lodge,Major Amendment Page 2 of 57 Ott Lots 1 and 2—Lift One Lodge • 34 Timeshare Lodge Units, with 104 total Timeshare Lodge Keys • Six (6)free-market residential units • One (1), one-bedroom employee housing unit • 16,125 square feet of commercial, net leasable area • Relocated and restored Skiers' Chalet Steakhouse,to include a restaurantibar use • Parking spaces in a sub-grade garage • Cul-de-sac creating a terminus of Gilbert Street On Lot 3— Willoughby and Lift One Parks • New,Aspen Skiing Company ski lift and snowmaking infrastructure • Ski corridor and ski operations facilities • Relocated and restored, Skiers' Chalet Lodge and historic Lift One bull wheel and towers • Use of Skiers' Chalet Lodge as ski museum and associated uses, skier services, ticketing, mountain operations functions and ski patrol • Access to sub-grade parking garage • Parking spaces in sub-grade garage • Dean Street Improvements 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 1 Corridor; and, WHEREAS,a Development Review Committee Meeting was held on September 19,2018 and the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Environmental Health Department, Parks Department, Aspen Fire Protection District, Aspen/Pitkin County Housing Authority,Parking Department,and the Transportation Department as a result of the Development Review Committee meeting; and, WHEREAS, the Planning and Zoning Commission reviewed the Application at a duly noticed public hearing on October 2, 2018; and continued the public hearing to October 16,2018; and provided recommendation of approval (Resolution No. 5, Series of 2018) to City Council by a vote of seven to zero (7-0); and, WHEREAS, the Aspen Pitkin County Housing Authority reviewed the Application at a regularly scheduled meeting on October 3, 2018; and provided recommendation of approval to City Council; and, WHEREAS, the Historic Preservation Commission reviewed the Application at a duly noticed public hearing on October 10,2018;and continued the public hearing to October 24,2018; and provided recommendation of approval, with conditions (Resolution No. 16, Series of 2018) by a vote of seven to zero (7-0); and, Ordinance No.38,Series of 2018 Lift One Lodge,Major Amendment Page 3 of 57 WHEREAS, a properly noticed site visit on October 15, 2018 provided additional information on the project with relationship to site planning and proposed building heights for the Lift One Lodge and Gorsuch Haus applications; and, WHEREAS, the Open Space and Trails Board reviewed the Application at a regularly scheduled meeting November 1,2018; and provided recommendation of approval to City Council by a vote of four to one(4-1); and, WHEREAS,City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendations of the Community Development Director,the Planning and Zoning Commission, the applicable referral agencies,and has taken and considered public comment at a public hearing; and, WHEREAS, on October 22, 2018, the Aspen City Council approved Ordinance No. 38, Series of 2018 on First Reading by a five to zero (54)vote; and, WHEREAS, properly noticed site visits on November 12 and 13, 2018 provided information regarding proposed building heights for the Lift One Lodge and Gorsuch Haus applications; and, WHEREAS, on November 12, 2018, The Aspen City Council at a duly noticed public hearing,considered the Application,recommendations from review boards,presentations from the Applicant and staff, and public comments,and continued the public hearing on Ordinance No. 38, Series of 2018 to November 26, 2018, by a vote of four to zero (4-0); and, WHEREAS, on November 26, 2018, The Aspen City Council at a continued public hearing,considered the Application,recommendations from review boards,presentations from the Applicant and staff,and public comments,and continued the public hearing on Ordinance No. 38, Series of 2018 to December 3, 2018, by a vote of four to zero (4 -0); and, WHEREAS, on December 3, 2018, The Aspen City Council at a duly noticed public hearing,considered the Application,recommendations from review boards,presentations from the Applicant and staff,and public comments,and continued the public hearing on Ordinance No. 38, Series of 2018 to December 10, 2018, by a vote of five to zero (5-0); and, WHEREAS, on December 10, 2018, The Aspen City Council at a duly noticed public hearing,considered the Application,recommendations from review boards,presentations from the Applicant and staff, and public comments,and continued the public hearing on Ordinance No. 38, Series of 2018 to January 7,2019, by a vote of five to zero (5-0); 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, Ordinance No.38,Series of 2018 Lift One Lodge,Major Amendment Page 4 of 57 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 three to two (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, WHEREAS,the private land to be granted by the Applicant to the City and the public land to be granted to the Applicant as described in the Application are of approximately the same land area (with the land granted to the City being slight larger in land area), and the land to be granted to the City by the Applicant has a value that is equivalent to or greater than the land to be obtained by the Applicant from the City, taking into consideration monetary, environmental and aesthetic values; and, 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,COLORADO THAT,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 Lift One Lodge Aspen LLC Application for a Site Specific Development Plan for the Lift One Lodge Subdivision/PD that includes reviews for a Major Amendment to a Planned Development - Project Review, and related reviews for Subdivision (including vacation of public right-of-way and an exchange of City land),Rezoning,Growth Management Quota System, Commercial Design, Timeshare Development, Transportation and Parking Ordinance No.38,Series of 2018 Lift One Lodge,Major Amendment Page 5 of 57 Management, Special Review, ESA — Mountain View Plane, Certificate of Appropriateness for major development, Conceptual Review, and Vested Rights. B. The approvals granted above allow for the development of three lots containing a mixed-use lodge development with 34 timeshare lodging units and 104 timeshare lodging keys, a total of 16,125 sq. ft. of net leasable space (and additional net leasable space within the relocated Skiers' Chalet Building as described below), one (1) affordable housing unit, and six (6) free market residential units; public and private parking; a relocated historic Lift 1 and tower; a new ski lift and ski way; skier services and ski patrol; a standalone commercial building; a redeveloped public park and a ski museum, subject to the conditions of approval listed herein. Section 2: Effectiveness of Ordinance 28, Series of 2011 and P&Z Resolution No 2, Series of 2016; existing vested rights for Lift One Lodge; and Subsequent Reviews. All previous approvals for the Lift One Lodge Subdivision/PUD, including without limitation Ordinance 28, Series of 2011 and Planning & Zoning Commission Resolution No. 2, Series of 2016, remain in effect and are valid until the Amended Subdivision Plat and Development Agreement approved by this Ordinance are recorded in the real estate records of the Pitkin County Clerk and Recorder(the County Records). In addition,the existing vested property rights for the Lift One Lodge Subdivision/PUD,as extended by Resolution No. 71, Series of 2018, shall remain in effect until the Amended Subdivision Plat and Development Agreement approved by this Ordinance are recorded in the County Records. Upon recordation in the County Records of the Amended Subdivision Plat and Development Agreement approved by this Ordinance, Ordinance 28, Series of 2011 and the approvals granted thereby and in association therewith and the prior Development Agreement recorded in the County Records on March 5, 2013 as Reception No. 597439 (as amended from time to time) shall all be superseded, replaced and released by this Ordinance No. 38, Series of 2018, except to the extent any specific terms thereof are expressly incorporated into this Ordinance. Section 3: 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 Major Amendment 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 new period of vesting is established for the Lift One Lodge Subdivision/PD. Pursuant to C.R.S. §24-68-104(2), it is appropriate that the new vested property rights for the Lift One Lodge Subdivision/PD will be Ordinance No.38,Series of 2018 Lift One Lodge,Major Amendment Page 6 of 57 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 below of this Ordinance. 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 4: Subdivision and Rezoning A. Contemporaneously with and effective upon the recording of an Amended Subdivision Plat, the new Lots within the Lift One Lodge Subdivision/PD as reflected in the Amended Subdivision Plat, shall be zoned as follows: Lot 1: Lodge, Planned Development, Designated Historic (L-PD-H) Lot 2: Lodge, Planned Development(L-PD) Lot 3: Park, Planned Development, Designated Historic (P-PD-H) B. The Official Zone District Map shall be amended to reflect the rezoning once the Amended Subdivision Plat is recorded. Conveyance of title associated with new Lots 1-3, implementing and documenting change of ownership between Lift One Lodge and the City, shall be completed with the granting and recording of special warranty deeds conveying marketable and insurable title immediately following the recordation of the Amended Subdivision Plat. The City shall grant a special warranty deed to the Applicant for the applicable City-owned property. The Applicant shall grant a special warranty deed to the City for the applicable Applicant-owned property. The approved lot configuration for new Lots 1-3 is attached as Exhibit A to this Ordinance. Section 5: Plat and Previously Approved Vacations Previously approved vacations of public rights-of-ways, as described in Ordinance No. 28, Series of 2011 and depicted in the Street,Alley and Easement Vacation Plat,Plat Book 101,Page 98 and 99, Reception number 597435, recorded on 03/05/2013; remain in effect and shall be shown on Ordinance No.38,Series of 2018 Lift One Lodge,Major Amendment Page 7 of 57 the newly recorded plats associated with this approval. An Amended Street, Alley and Easement Vacation Plat shall be recorded to reflect additional Gilbert Street right of way to,be vacated. Section 6: Licenses and Easements A.The Lift 1 Corridor requires easements and licenses for skiing and ski operations for the benefit of Aspen Skiing Company across new Lot 3, the adjoining Dolinsek property (the Dolinsek Property) conveyed to the City pursuant and subject to the terms of the General Warranty Deed recorded on November 17, 2014 as Reception No. 615449 of the County Records (the Dolinsek Deed), and portions of new Lots 1 and 2. The following will be provided, in form and substance reasonably acceptable to all parties, such that they concurrently enable functional operation of the Lift 1 Corridor for skiing as well as lodging and residential uses. 1)The City will grant a 40-year, fee-free license, with a 40-year renewal option,to Aspen Skiing Company to provide ski corridor and necessary ski operations and access across the Dolinsek Property (the Dolinsek License). The Aspen Valley Land Trust holds a Conservation Easement on the Dolinsek Property as recorded in the Pitkin County records on 11/17/2004 at Reception No. 645448. The Dolinsek License will be subordinate to such Conservation Easement; provided, however, the City will cause Aspen Valley Land Trust to join as a consenting party to the Dolinsek License. The initial 40-year term of the use rights granted in the Dolinsek License will commence on the date the City has the authority to grant the Dolinsek License pursuant to the terms of the Dolinsek Deed. However, it is anticipated that the Dolinsek License will be executed prior to the actual commencement date of the term of the use rights as described in Section 6.D below. The City has received confirmation from all necessary parties, including Aspen Valley Land Trust, that the Dolinsek Property may be made available for the contemplated ski related activities,which for these purposes specifically include skiing and related circulation, snowmaking, snow storage, snow surface maintenance and grooming operations, subject only to completion of the rights set out in Section 6.1 of the Conservation Easement held by the Aspen Valley Land Trust. 2)The City will enter into a fee-free non-exclusive 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 below the surface of new Lot 3 (but not within or below the lid of the subgrade garage and structures to be constructed as part of the Lift One Lodge Project except as expressly provided in this Section 6.A.2). Lift One Lodge will be included as a party to the above-described easement agreement to the extent required for the purposes of (i) allowing snowmaking and ski lift,equipment, improvements,and infrastructure,as well as operations, maintenance and replacement thereof on and below the surface of the portion of Lot 3 above the lid of the Lift One Lodge subgrade structure and improvements,and(ii) if required because there is not sufficient space above the lid of the subgrade structure, allowing utility lines through agreed upon areas of the subgrade structure. The subgrade structure will be designed and constructed to support the Future Lift Terminal. The easement agreement will include easements from Lift One Lodge, as the owner of the Ordinance No.38,Series of 2018 Lift One Lodge,Major Amendment Page 8 of 57 subgrade structure,to Aspen Skiing Company for subsistence and sub-adjacent and lateral support of the Future Lift Terminal and lift-related infrastructure to be identified from the as-built construction by Aspen Skiing Company. The easement agreement will provide that Aspen Skiing Company will own, exclusively control, and be responsible for maintaining, repairing and replacing, at its sole cost and expense, all ski and lift related equipment, improvements and infrastructure constructed on,over and below the surface of new Lot 3 pursuant to such easement agreement. 3)Lift One Lodge will enter into a fee-free non-exclusive easement agreement with Aspen Skiing Company to allow(a)service vehicle and pedestrian access to the ski and lift related equipment, improvements and infrastructure located on Lot 3 via the access corridor across from Juan Street to be constructed on new Lot 1 between the Skier's Chalet Steakhouse building and the .Lift One Lodge west building; (b) if required to accommodate the proposed new lift terminal location on new Lot 3, ski related equipment, improvements and infrastructure in the area on the east side of the access corridor described in the preceding clause (a), provided such installations will not interfere with the proposed locations of the Skier's Chalet Steakhouse building and west building of the Lift One Lodge; (c) return skiing and snow maintenance and grooming (but not snowmaking equipment or infrastructure) on the northwestern portion of new Lot 2 outside of the building footprint for the east building of the Lift One Lodge Project; and (d) if required based on the as-built condition of the skiing surface through the Lift 1 Corridor, return skiing and snow maintenance and grooming (but not snowmaking equipment or infrastructure)on other portions of new Lot 1 outside of the building footprints and related site improvements such as retaining walls,patios, stairways,etc. The easement agreement will provide that exercise of the easement rights by Aspen Skiing Company will not materially impair the development and operation of the Lift One Lodge buildings. The easement agreement will also provide that Aspen Skiing Company will own, exclusively control, and be responsible for maintaining, repairing and replacing, at its sole cost and expense, all ski and lift related equipment, improvements and infrastructure constructed on, over and below the surface of new Lots 1 and/or 2 pursuant to such easement agreement. B. The subgrade parking garage and subgrade structures and improvements of the Project require a three-dimensional perpetual, exclusive (subject to the provisions contained in Section 6.A.2 relating to Aspen Skiing Company) easement for extension of the garage and subgrade structures and improvements under the surface of Lot 3. The City will enter into an easement agreement with the Applicant to establish such perpetual exclusive easement rights in a manner sufficient in form and substance to make the Lift One Lodge Project financeable in the commercial loan and equity markets. Such easement agreement will provide that Lift One Lodge will own all garage and subgrade structures and improvements constructed by Lift One Lodge pursuant to such easement agreement and that Lift One Lodge will have the right to grant a security interest in such easement and all such garage and subgrade structures and improvements to secure any loan made for the Lift One Lodge Project, and the City will promptly confirm in writing such matters concerning the easement as reasonably requested by Lift One Lodge from time to time. Ordinance No.38,Series of 2018 Lift One Lodge,Major Amendment Page 9 of 57 C. The City hereby grants the Applicant a temporary, exclusive easement within Lot 3 and within all rights-of-way adjacent to Lots 1 and 2, for the purpose of allowing over digging, shoring, and other construction activities necessary to complete the construction of improvements on Lots 1 and 2, and to establish and maintain a safe working environment, as reasonably required, during the construction of such improvements. The construction easement shall accommodate safe utility clearances for all earth retention systems,as required for in Title 21,and fees shall be valid for any use of such earth retention systems beyond a construction period of 8 months. This construction easement shall be temporary and shall automatically terminate upon the issuance of a certificate of occupancy for the structures utilizing this construction easement. Furthermore,the City hereby grants a perpetual, exclusive easement for any subsurface foundations, footer pads, or other structural elements of those structures to be constructed on Lots 1 and 2 which encroach into any adjacent rights-of-way or Lot 3. D.All license and easement agreements will be submitted for review with the application materials for Detailed/Final Review approval and will be finalized as part of the Detailed/Final Review approval. The existing Master Easement Agreement for the Project recorded in the County Records on March 5, 2013 as Reception No. 597440 will either be amended or replaced in connection with the creation of the easements described above. 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 indemification to any party. Section 7: Planned Development—Proiect 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 Commission and Final Review with the Historic Preservation Commission applications for this request. This one-year period shall commence from the date of an election that provides voter approval. Section 8: Proiect Dimensions A. Approved Conceptual Site and Floor Plans,and Building Elevations are provided as Exhibit B. B. A table describing project dimensions is provided as Exhibit C. C. Maximum Heights for the Lift One Lodge East and West Buildings are established from Interpolated Grade. A height over topography plan utilizing the approved Interpolated Grade is provided in Exhibit B. While the maximum height for the West Building is 53.3 feet;and the East Building at 47 feet,the building has multiple heights as established by the height over topography plan. Height limitations for rooftop attachments and amenities,as described in the Land Use Code, apply to any projections beyond these established, and multiple heights. Ordinance No.38,Series of 2018 Lift One Lodge,Major Amendment Page 10 of 57 D. All dimensions for both the Lodge, Skier Chalet Steakhouse, and Park lots are established by the Planned Development and are depicted in the Conceptual Site Plan and Dimensional Table (Exhibits B and Q. Any changes to these dimensions (excepting maximum height) to meet technical requirements are subject to review by P&Z and/or HPC during detail/final review. Section 9: Proiect Uses A. The following uses are approved on Lot 1 via the Planned Development and subsequently described in more detail: 1) All Permitted Uses allowed by right in the Lodge (L) Zone District, including without limitation a Timeshare Lodge in accordance with Chapter 26.590, Timeshare, of the Land Use Code. 2) Retail and Restaurant Uses—to include restaurants, bar and retail uses in the Lift One Lodge West Building and Skiers' Chalet Steakhouse. 3) Subgrade parking garage and related uses 4)Accessory Uses B. The following uses are approved on Lot 2 via the Planned Development: 1)All Permitted Uses allowed by right in the Lodge (L)Zone District 2) Subgrade parking garage and related uses 3)Accessory Uses C. The following uses are approved on Lot 3 via the Planned Development and subsequently described in more detail: 1)Ski base activity,including,but not limited to: lift and ski operations,including,without limitation, snow making, grooming, construction and maintenance, recreation activities, skier services,ticketing, mountain operations, ski patrol, and special events. 2) Ski Museum, and accessory uses associated with the museum's operation, that may be commercial in nature including but not limited to accessory retail and restaurant use, live programs,special events,staging for installation of exhibits,rental of the facility for special events, and exhibits, programs and events adjacent to the exterior of the Skiers' Chalet Lodge 3) Subgrade parking garage and related uses, including an access point from Dean Street. 4)Accessory Uses and Structures. Section 10: Skier Chalet Lodge- Ski Museum and guest services A. As designed, the relocated Skiers' Chalet Lodge will contain a ski museum and related programming operated by the Aspen Historical Society (AHS). Additionally, the building and related structures will house skier services and ski patrol facilities operated by Aspen Skiing Company (ASC) in approximately 2,500 square feet of functional space in no more than two contiguous locations and levels. B. Lift One Lodge is responsible for the relocation and rehabilitation of the Skier's Chalet Lodge and shall turn over the building in "white box" condition, ready for interior improvements and finishes to be completed by AHS and ASC. The"white box"condition delivery obligation of Lift Ordinance No.38,Series of 2018 Lift One Lodge,Major Amendment Page 11 of 57 One Lodge shall include the following elements/scopes of work: relocation of the Skiers' Chalet Lodge to the new approved location on Lot 3; a newly constructed subgrade area with an unfinished floor to ceiling height of at least fourteen (14) feet and a minimum gross floor area of at least 3,800 square feet measured in accordance with the Land Use Code; rehabilitation of the building structure and shell and all exterior building elements and weather enclosure systems (including windows and roof); completion of all exterior grading/drainage; utility service lines stubbed to the building;operational mechanical heating system, interior structural walls completed with exposed studs ready for rough electrical and plumbing and drywall;and unfinished structural interior floors and ceilings, and any other improvements necessary to meet minimum Building Code requirements. The City shall issue a Letter of Completion once Lift One Lodge has delivered the relocated and rehabilitated Skiers' Chalet Lodge in "white box"condition as provided above. C. Upon issuance of a Letter of Completion for the building as described above, Lift One Lodge will have satisfied its obligations with respect to the Skier's Chalet Lodge. Lift One Lodge shall have no responsibility for any further construction,rehabilitation,furnishing,repair,maintenance, operation,or replacement as to the relocated Skier's Chalet Lodge. The City shall be responsible, in coordination with AHS and ASC., for demising the building between AHS and ASC. and memorializing their respective use and ownership rights in the building through whatever legal structure and terms on which the City,AHS and ASC may reasonably agree;provided that neither AHS nor ASC shall have any responsibility for paying rent to the other or to the City. The City shall also be responsible for terminating or modifying the existing lease between the City and AHS and the Aspen Valley Ski Club dated as of December 1, 1995. Lift One Lodge shall have no ,responsibility for addressing any such issues between the City,AHS and ASC.with respect to the use and ownership of the relocated and rehabilitated Skier's Chalet Lodge. D. Upon issuance of a Letter of Completion for the building, the building will then be conveyed to the Aspen Historical Society and Aspen Skiing Company. An updated long-term lease among the City of Aspen,Aspen Historical Society and Aspen Skiing Company regarding the underlying property will establish the relationship between the building and the City Park as well as terms related to determining a value for the building if a future sale were to occur.The city retains a right of first refusal to purchase the building. If either AHS or ASC decides at any point to not utilize the ski museum or skier services/patrol units,the other party retains next right of refusal, after the City,to purchase the space.A Condominium Map as well as Declarations outlining the rights and responsibilities of all parties, including the terms and conditions of any rights of first refusal between the parties,shall be required prior to the Certificate of Occupancy for the Aspen Historical Society and Aspen Skiing Company spaces. E. Upon recording of the Amended Subdivision Plat and Development Agreement for the Project in the County Records, the Skier's Chalet Lodge shall be designated to the Aspen Inventory of Historic Landmark Sites and Structures list, as an AspenModern building. F. In the sub-grade space adjacent to the Skier's Chalet Lodge, Lift One Lodge is responsible for the provision of a public locker room. No less than 40 day lockers; 50 seasonal lockers; and 40 shoe cubbies shall be provided in a space no less than 900 square feet. Ordinance No.38,Series of 2018 Lift One Lodge,Major Amendment Page 12 of 57 G. Lift One Lodge is responsible for the safe relocation and placement of the Skiers' Chalet pool house to its proposed location in Willoughby Park. Lift One Lodge will have no obligations for maintenance and upkeep thereafter. City of Aspen Parks Department is responsible for further improvements to the pool house building towards its proposed use as public restrooms. Section 11: Historic Lift 1 Structures A. Lift One Lodge shall be responsible for the removal, storage, restoration, and reinstallation of the historic Lift 1 structures. B. The historic lift bull wheel and first tower will be relocated as depicted in the site plan approved by this Ordinance. C. The two remaining towers, in coordination with Aspen Skiing Company, are approved for relocation to a site or sites (to be determined)on Aspen Mountain,that provides interpretation of the original lift alignment and does not interfere with ski operations as determined by Aspen Skiing Company. This provision is subject to any necessary approvals from Pitkin County or the United States Forest Service required for relocation. ASC shall confer with the City of Aspen Historic Preservation Commission as to final relocation of the two remaining towers prior to application for approvals to Pitkin County and/or the United States Forest Service. D. The restoration and relocation of these resources on Lot 3 shall be subject to final approval by the Historic Preservation Commission and defined in the Development Agreement between the City and Lift One Lodge. However, Lift One Lodge shall not be delayed or denied in receiving any required permits or approvals for its Project due to any delay or lack of agreement among the City, ASC, Pitkin County and/or the United States Forest Service regarding the placement of the two remaining historic lift towers pursuant to Section I LC above. E. Following the restoration and relocation of the historic Lift 1 structures as described above, the City Parks Department and Historic Preservation Officer will confirm in writing that the relocation obligation has been satisfied. Thereafter, Lift One Lodge will have no further responsibility for the upkeep,maintenance,repair or restoration of the historic Lift 1 structures. Section 12: Willou6by and Lift One Parks A. Prior to issuance of a Certificate of Occupancy for either of the Lift One Lodge buildings, Lift One Lodge is responsible in the City park areas in Lot 3 to complete final grading and apply top soil that meets Parks Department standards and is compatible with the subgrade structure. B. Improvements to the City Park including hardscaping and landscaping related to the Dean Street Plaza, stair to ski level, "pool house restroom", etc., are the responsibility of the City of Aspen Parks and Open Space Department. C. A maintenance agreement between the City of Aspen and the Aspen Skiing Company shall be implemented to define responsibilities for maintenance and management of the City Park, particularly during the winter months. This agreement shall be undertaken within 180 days of Final Planned Development approval, as outlined in Section 21. Lift One Lodge shall have no Ordinance No.38,Series of 2018 Lift One Lodge,Major Amendment Page 13 of 57 responsibility with respect to such maintenance agreement. Lift One Lodge shall not be delayed or denied in receiving any required permits or approvals for its Project due to any delay or lack of agreement among the City of Aspen and the Aspen Skiing Company in entering into such maintenance agreement. Section 13: Growth Manaaement-Allotments The original 2011 approval and 2016 amendment recognized a combination of credits and the granting of the following growth management allotments: 84 lodging keys equaling 168 lodge pillows, 18,413 sq. ft. of commercial net leasable area, 5 free market units, and 8 affordable housing.With changes to the project,the Applicant are granted the following additional allotments from the 2018 allotments: • 20 lodging keys=40 lodging pillows. • One (1) free-market residential unit. The total number allotments associated with this project equals: • 104 lodging keys=208 lodging pillows • Six (6)free-market residential units • 16,125 square feet commercial net leasable area for Lift One Lodge commercial space,and up to 2,800 square feet for Aspen Skiing Company commercial space. • One (1) affordable housing unit A confirmation of the actual commercial net leasable allotment will be determined by the Zoning Officer at building permit to accommodate any changes necessary for reason of a technical nature, or compliance with the Land Use Code. Section 14: Affordable Housing The following mitigation requirements are based on the Land Use Code in effect at the time of application, September 4, 2018. The calculations are based on conceptual level depictions of the uses, particularly the commercial space. See calculations of estimated affordable housing mitigation attached as Exhibit D to the Ordinance. Updated calculations will be conducted at final review and confirmed at building permit. A. Lift One Lodge Lodge Use 17.72 FTEs Free Market Residential Use 13.68 FTEs Commercial Use West Building—21.8 FTE Sub Total 53.3 FTE, Category 4 Total Required Mitigation w/ 39.52 FTE,Category 4 Employee Generation Review Employee Generation Review, Initial mitigation reduction i. 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 Ordinance No.38,Series of 2018 Lift One Lodge,Major Amendment Page 14 of 57 lodge development. This recognizes an efficiency of service between the free-market and the lodge components of the project. A reduction of 13.68 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 13.68 FTEs (estimate) as calculated in accordance with the Land Use Code in effect at the time the Application was submitted by the Applicant. ii. APCHA shall request the audit from Lift One Lodge. Failure to request the audit shall not render any of the approvals invalid. Lift One Lodge 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 Lift One Lodge. B. Skiers' Chalet Steakhouse. The Skiers' Chalet Steakhouse is estimated to generate 6.1 FTEs. Category 4. Updated calculations will be conducted at final review and confirmed at building permit. C. Aspen Skiing Company - Skier services The area in and adjacent to the Skiers' Chalet Lodge to be utilized by Aspen Skiing Company for skier services, lift operations, and ski patrol, is considered Commercial Net Leasable Area. This area as depicted in the conceptual approval is approximately 2,500 sf. A credit for the existing facilities is applied. Existing skier services and ski patrol net leasable is estimated to be 2,340 sf. The remaining balance of the new skier services and ski patrol area is estimated to be 160 sf. This new, additional area is required to be mitigated. Based on the calculation method in the Land Use Code,the estimated mitigation is 0.49 FTE,Category 4.Updated calculations for the existing and proposed ASC facilities will be conducted at final review and confirmed by the Zoning Officer at building permit. The City shall look solely to ASC for such required mitigation and shall not withhold or delay any approvals, permits, or Certificate of Occupancy for the Lift One Lodge elements of the Project based on any failure or delay in ASC's satisfaction of such required mitigation. D. Ski Museum; Essential Public Facility City Council designates the Ski Museum operated by the Aspen Historical Society as an Essential Public Facilities. Employee generation is initially waived but shall be evaluated by a required employee audit at five (5) and ten (10) year intervals from the issuance of a Certificate of Occupancy. The audit shall be limited to employee generation related specifically to the Ski Museum and related functions and will not include regular AHS operations. A baseline to establish any AHS employee generation at the ski museum will be completed during detailed review. APCHA shall request the audit from the Aspen Historical Society (AHS). Failure to request the audit shall not render any of the approvals invalid. AHS shall provide the Housing Authority and Ordinance No.38,Series of 2018 Lift One Lodge,Major Amendment Page 15 of 57 the Community Development Department with the audit report. for a recommendation and City Council will make the final decision of whether additional mitigation is required based on such audit. The Housing Authority and Community Development Department shall forward the audit to the Housing Board and/or City Council for review, as applicable. Any reasonable costs for the audit shall be paid by AHS. The City shall look solely to AHS for such required mitigation and shall not withhold or delay any approvals, permits, or Certificate of Occupancy for the Lift One Lodge elements of the Project based on any failure or delay in AHS's satisfaction of such required mitigation. E. Method of Miti ag tion 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,or cash in lieu.Off-site units may be provided at locations within the Aspen Urban Growth Boundary (even if outside of the City's municipal boundary). F. Timingof f Miti ag tion Required Affordable Housing mitigation for the development on Lots 1 and 2 shall be satisfied prior to issuance of a Certificate of Occupancy for the Lift One Lodge buildings. Any cash in lieu amount shall be calculated at the time of payment. Section 15: Employee Housine Unit The project as approved includes one (1), one-bedroom employee housing unit. This provides 1.75 FTE of required mitigation to be credited toward the mitigation required for the Lift One Lodge project on Lots 1 and 2 (and not any mitigation required by AHS or ASC as provided above). 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 unit; 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 the unit, as defined in the APCHA Guidelines. E. The unit shall not be vacant for longer than 45 days, unless APCHA notified as to why the unit has been left vacant. Ordinance No.38,Series of 2018 Lift One Lodge,Major Amendment Page 16 of 57 F. Washer and dryer shall be provided in the employee housing unit. G. The affordable housing unit shall be assigned one parking space in the underground garage, and it 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) The Applicant shall be entitled to choose the first purchaser as long as such buyer is otherwise qualified in accordance with APCHA requirements and thereafter the unit 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 16: Timeshare Lodge Requirements A. A minimum of six (6) estates are created per lodge unit, subject to section 26.590.050, Timeshare review standards. The project may have a range of estates per unit and more than one use plan. A public rental requirement assuring that unused timeshare lodge rooms will be available to the general public shall be part of these approvals. Such rental requirements shall be documented in the Lift One Lodge Timeshare Documents and shall contain a provision that this requirement cannot be eliminated from the Condominium Declarations without approval from the City of Aspen City Council. A Timeshare Use and Management Plan, including the specific number of estates per unit,shall be reviewed by the Planning and Zoning Commission at Detailed Review. Future amendments to the number of estates per unit described in the timeshare use plan may be processed for review and approval under Section 26.590.040.A, Procedure for Review, or under the equivalent provision in the land use code in effect at the time of review. B. Periodic audits, pursuant to Section 26.575.210, Lodge occupancy auditing, of the Land Use Code may be conducted. Section 17: Parking and Transportation A. Fifty (50)public parking spaces shall be provided by the project in a sub-grade garage, one of which shall be available for use by the Aspen Historical Society for its general operations. Seventy-six(76)spaces shall be provided to meet the off-street parking requirements for Lift One Lodge in a sub-grade garage. B. Approval of Special Review is granted allowing tandem and stacked parking for the 76 spaces for Lift One Lodge, subject to the condition that the tandem/stacked spaces are only accessed by valet service. Ordinance No.38,Series of 2018 Lift One Lodge,Major Amendment Page 17 of 57 C. A Parking Management Plan that defines the process for establishing any parking fee, responsibility for management and maintenance, systems of access, and potential shared parking agreement shall be provided for Final/Detailed review. This plan requires approval from the City of Aspen, Parking Director. D. The applicant shall implement the TDM and MMLOS mitigation measures, as outlined in the application. Any closures/re-routes of South Aspen Street and Dean Street will need to be coordinated with this project. Regardless of construction date, closures/impacts to Aspen Street and Dean Street should be limited and coordinated well in advance. An updated TIA is required at the PD-Detailed Review and shall include a monitoring plan. Section 18: Dean and Gilbert Street Improvements A. Improvements to Dean Street are approved and the conceptual design is depicted in Exhibit B to this Ordinance. Final design will be evaluated by the Engineering Department and a recommendation made to the Planning and Zoning Commission at Detailed review. B. The creation of a cul-de-sac at the terminus to Gilbert Street is conceptually approved and the conceptual design is depicted in Exhibit B to this Ordinance. The final design of the cul-de- sac, access to Gilbert, and long-term maintenance and safety improvements, including potential use of signage and/or bollards will be evaluated by the Engineering Department and Fire Department and a recommendation made to the Planning and Zoning Commission at Detailed review. Section 19: 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 not permitted to shed off roofs onto 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 Dean Street improvements. G. Proposed final engineered design for Gilbert Street. H. Draft Ski Operations Plan I. A Timeshare Use and Management Plan — as well as other requirements specified in 26.590.060 Section 20: Certificate of Appropriateness for Maior Development, Final Review Within one year of approval of this ordinance,the Applicant shall submit an application for Final Review with the Historic Preservation Commission (HPC). HPC provided recommendation of approval of Conceptual Review in Resolution#16, Series of 2018, subject to conditions. Ordinance No.38,Series of 2018 Lift One Lodge,Major Amendment Page 18 of 57 Section 21: 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 and Final Review for a Certificate of Appropriateness for a major development by the Historic Preservation Commission, whichever is later. 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. Historic Preservation Plan 5. Public Amenity Plans. 6. Public Infrastructure Plan. 7. Final Transportation Impact Analysis(TIA), including a monitoring plan. 8. Amended Subdivision Plat. 9. Amended Street,Alley and Easement Vacation Plat B. In accordance with Section 26.490.050, Development Agreements, Development Agreements shall be entered into with the City. At a minimum the development agreements shall include: 1. A proposed, preliminary construction staging and sequencing plan that includes coordination with Gorsuch Haus,Aspen Skiing Company and the Parks Department, including,without limitation,potential construction timing and milestones as well as clear scope of work delineation among all of the parties with regard to site and civil construction,finish grading and landscaping. a. 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. A construction agreement that includes coordination with Aspen Historical Society and Aspen Skiing Company regarding the relocation and rehabilitation of the Skiers Chalet to "white box"condition, including, without limitation, design and timing, 3. Easements or long-term irrevocable licenses to provide for ski operations to operate on the lots associated with the ski corridor as more fully described above 4. 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. 5. 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: Ordinance No.38,Series of 2018 Lift One Lodge,Major Amendment Page 19 of 57 • Landscape Guarantee • Public Facilities and Public Infrastructure Guarantee • Storm Water and Drainage Improvements Guarantee. 6. In accordance with Section 26.490.060.A,Proof of Financing, before the issuance of a building permit for the development of any component of the Project, and as a condition of such approval, the owner shall provide to the City Building Department and City Attorney for review and approval, reasonably satisfactory evidence that the 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 the owner shall provide a letter from a financial institution stating that the owner has funds available in an amount that covers the reasonably estimated cost of construction for the development. Such financing may include without limitation, a construction loan commitment from an institutional lender or lenders and/or commitments for equity capital investments and/or contributions from owner or third-party investors or contributors. In addition, before issuance of a building permit for the Project, the 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 Building Department. Nothing in the proceeding provision is intended to obligate Lift One Lodge to provide any proof of financing for work to be performed by others (such as the City, AHS or ASC.) C. Timeshare documents, in accordance with the obligations below, shall be required. The timeshare documents and condominium map referenced below, shall not be prepared until substantial completion of construction and should not be included in the 180 day deadline. They will be required prior to a Certificate of Occupancy being issued for any part of the lodge, free-market,or commercial uses not associated with ASC. 1.In accordance with Section 26.590, Timeshare,the Applicant shall incorporate the requirements and restrictions of the City's Timeshare Regulations into the final timeshare instruments. D. A Condominium Map shall be competed for the development in accordance with Section 26.480.050(A),Condominiumization. The Condominium Map shall depict all delineations of ownership across Lots 1, 2 and 3 and including the Skiers Chalet Lodge building, and above and below grade stories. E. Other Necessga Approval Documents—specific to this approval 1. License and Easement Agreements—necessary agreements outlined in Section 6,shall be submitted for review and approval. Ordinance No.38,Series of 2018 Lift One Lodge,Major Amendment Page 20 of 57 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. 3. An updated lease agreement between the City of Aspen,Aspen Historical Society and Aspen Skiing Company for the City Park and Skiers' Chalet Lodge Building. 4. Condominiumization Map identifying division of ownership of Skiers' Chalet Lodge Building between Aspen Historical Society and Aspen Skiing Company. (prior to Certificate of Occupancy) 5. Condominium Declarations for the Skiers' Chalet Lodge which shall be condominiumized and conveyed to the Aspen Historical Society and Aspen Skiing Company. (prior to Certificate of Occupancy) Notwithstanding the foregoing, the documentation listed as items 3 through 5 above are acknowledged by the City not to be the responsibility of Lift One Lodge. Lift One Lodge will not be delayed in applying for or receiving any permits, approvals or Certificates of Occupancy for the Lift One Lodge elements of the project based on any failure or delay by the City, Aspen Historical Society or Aspen Skiing Company in producing such documentation. Section 22: ESA Reviews 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 23: Engineering Department 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. A. 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. B. Sidewalk/Curb/Gutter: All sidewalk curb and gutter shall meet the Engineering Standards of City of Aspen Municipal Code Title 21. C. 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. D. 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 Ordinance No.38,Series of 2018 Lift One Lodge,Major Amendment Page 21 of 57 maintained with bi-annual readings taken through the time of issuance of a Certificate of Occupancy. The building permit application shall include a report on the initial readings and a subsequent report is required prior to issuance of a Certificate of Occupancy. E. CMP: The Construction Management Plan shall describe mitigation for parking, staging/encroachments, mechanisms for construction noise abatement, and truck traffic. Section 24: Fire Mitigation A. All codes adopted by the Aspen Fire Protection.District shall be met. This includes but is not limited to access (Intprnational 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 Lift One Lodge Planned Development shall be met. B. The subgrade garage shall have adequate fire access. This shall be reviewed and approved by the Fire Marshall. Section 25: 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 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. Section 26: 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 27: 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 Ordinance No.38,Series of 2018 Lift One Lodge,Major Amendment Page 22 of 57 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 ASC 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 28: Water/Utilities 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. All Water System Distribution standards in place at the time of building permit shall apply, and all tap fees will be assessed per applicable codes and standards. Utility placement and design shall meet adopted City of Aspen standards. Section 29: Outdoor Lighting and Signage All outdoor lighting and all signage shall meet the requirements of the Aspen Municipal Code. Section 30: Building Department 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 31: Colorado Passenger Tramway Safety Board Review 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 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, site planning,or historic elements will be reviewed during Detailed Review with Planning and Zoning Commission or Final Review with HPC and may require an Amendment to the Planned Development Project Review. Section 32: Cost Sharing A. The City agrees to contribute a fixed amount of$4,360,000 to the Applicant for the Lift One Lodge in support of the public facing elements of the Project, including without limitation improvements to Dean Street and the relocation and rehabilitation of the Skier's Chalet Lodge. Such contribution shall be subject to appropriation by the City Council and funded as described below. Ordinance No.38,Series of 2018 Lift One Lodge,Major Amendment Page 23 of 57 I. Conditioned upon the approval of this Ordinance, such funds shall be appropriated and irrevocably pledged with presently available cash reserves toward future payment of the cost sharing obligation set forth in this Section 32.A. These appropriated reserve funds shall be held in an interest-bearing escrow account for the benefit of the Applicant in all future fiscal years until either(a)release of these funds to Lift One Lodge upon completion of the new ski lift by ASC, such that the new ski lift is in working condition, or (b) expiration of the City's cost-sharing obligation pursuant to the terms of this Ordinance by virtue of the Development Order expiring without the Project having proceeded. The escrow agent will be a bank with an office in the City or another financial institution reasonably acceptable to the City and the Applicant. Any interest earned on the funds while in escrow shall be remitted to the City. The terms of the escrow consistent with this paragraph shall be more specifically described in an escrow agreement between the City and the Applicant. 2. The City contribution amount is fixed by the approval of this Ordinance. Any future proposal to increase this amount will require approval by a majority of the voters of the City who participate in an election thereon. 3. This contribution to the Project by the City is not being offered for the commercial elements of the Project and is instead to help fund certain Project elements that will inure to the benefit of the public. Such contribution by the City shall not be construed to imply or mean that the Lift One Lodge Project does not satisfy the requirements of development specified by this Ordinance or the Land Use Code. 4. This cost sharing contribution will be recognized and may be further defined within the Development Agreement between the City and Lift One Lodge. B. At the time of demolition of Aspen Skiing Company's existing Lift 1 A ski operations space (consisting of approximately 2,500 square feet of ticketing, ski patrol and restroom facilities space), Gorsuch Haus 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 this 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 33: 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 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 Ordinance No.38,Series of 2018 Lift One Lodge,Major Amendment Page 24 of 57 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 Applicant 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 also include an evaluation of future traffic impacts as a result of the Gorsuch Haus development, the Lift One Lodge Development, and 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 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 shall also evaluate the potential of resurfacing South Aspen Street with a traction base material. 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 Applicant and the Gorsuch Haus Project applicant. 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 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. Ordinance No.38,Series of 2018 Lift One Lodge,Major Amendment Page 25 of 57 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: 1. Unsafe conditions on South Aspen Street that do not allow the safe access of vehicles to the approved lodge developments. 2. Excessive City of Aspen cost overruns and environmental impacts due to the increased service maintenance measures to South Aspen Street. H. Should the installation of a snowmelt system in South Aspen Street be determined to be required according to the foregoing process, Lift One Lodge and Gorsuch Haus hereby agree to each contribute one-third (1/3) of the cost for such installation, operational costs and continuing maintenance. As Aspen Street is a public street, any contemplated snow melt system is exempt from applicable REMP (Renewable Energy Mitigation Program) fees. Section 34: Construction Sequencing The Applicant has represented a general potential timeframe for the sequencing of construction associated with development of the Gorsuch Haus,the Lift One Lodge,and the replacement of the Current Lift IA. This representation is identified in a November 16, 2018 memorandum to City of Aspen Staff and can be viewed in Exhibit E. Section 35: 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. 38 (Series of 2018)to the voters at the next scheduled general election and to be considered coincident with and as one question with Ordinance No. 39(Series of 2016). Section 36: TABOR Except as set forth above in Section 32 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 other 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 Ordinance No.38,Series of 2018 Lift One Lodge,Major Amendment Page 26 of 57 local government budgeting laws applicable to home rule municipalities within the state of Colorado. Section 37: 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 38: 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 Planning and Zoning Commission or 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 or superseded by the specific terns herein. Section 39: 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 40: 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. INTRODUCED,READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 22"d day of October,2018. A es : rove ai to tent: "411 W- �'LG Linda Manning,City Clerk Steven Skad on, ayor REFERRED to the voters pursuant to Resolution #2, Series o 2019 this 7th day of January 2018. Approved as to form: A ove a to cVtet* mes R.True,City Attorney Steven Skad on,Mayor t4A / i/ ' da Mannin ,City Clerk Ordinance No.38,Series of 2018 Lift One Lodge,Major Amendment Page 27 of 57 Exhibits: A: Approved Subdivision Lot Configuration B: Conceptual Site Plans and Building Elevations C: Dimensional Table D: Growth Management Mitigation Calculation E: Construction Sequencing Memorandum Ordinance No.38,Series of 2018 Lift One Lodge,Major Amendment Page 28 of 57 Exhibit A — Lot Con fi(,Yuratio n r s" r Fie o E3 0 BLOCK 8 E4Mf5 AD �i, Zi Rl z^L 6j =;;<o $ga:= iEaiei!2 5 z E� 1 i v C 1 1 O Oy �t :O ' Z m 1 O Ordinance No.38, Series of 2018 Lift One Lodge,Major Amendment Page 29 of 57 Exhibit B—Conceptual Site Plans, Buildinll Floor Plans and Elevations A, r _ y I �- A , i a� D MO Ii i4 O r• O 7 i P n c Ordinance No.38,Series of 2018 Lift One Lodge,Major Amendment Page 30 of 57 D TT i00M0^1NI^,ai n1!105 3 001&V38 E)V 7NV0 2 M3NV13Nt9vwN00 —17 M'10)31M 1S MV24 yJ 0 A Z 1 ;, '_ C a (n ❑ i z 3' I n m _ { x Cn D ' vz, m� .: Z M :. is 1829119 1 l n 1 r� t Op � + A =p t—1 ,1 0 Oi '�7 � �m \I b 4 � 0 0 =o OT C c spa n Ordinance No.38,Series of 2018 Lift One Lodge,Major Amendment Page 31 of 57 'n "< D OT sOONOJ iNiDd Hinds 30001 tlY38 040"va M m N 2 n rn z uV61JN IA0tlYH9 1S fdb]i_ o _ p ,.uoaoua M z im M X �+ Zy SZ t:E228 80 t ttnttit Nn j a� i p o z I- m n z +� y�_ _ f C, 1 � m CA 7C SOD 01 ' 4 0 H m �gm 8p f Ir-0 pc :I,—; G)O �� MZ I I I = o _ �Ox N_n .Mo- II I Ordinance No.38,Series of 2018 Lift One Lodge,Major Amendment Page 32 of 57 –�—��-- � ■ | � . \ � � } | � | . ■ ' | { . | � , | � � - � | � ` ■ \� g =nq �| \�Or ° :j 0 _ | | § /»; a; . � m )am� § §$-4 � )� � ® ƒ � Q ° ® ' Q . w q r ] !m Ordinance No.a%Series o218 Lift One Lodge,Major Amma_m Page go5 E.DEAN STREET I j I J ' 1 �Ita�1 HI ¢Q #► t� g ti 9e a I I �I •1 I L----— — —._.._..�.— ...... 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Free Market Area 21,925 sf FA West Building See Height Plan* 18,831 sf-NL Max. Height Interpolated 47 ft. Average 3,139 sf 2 East Building See Height Plan* Free Market Unit Size Net Livable Max.Height On-Site 29' a 1 BR Unit in East Building Skiers' Chalet Affordable Housing Steakhouse (from finished grade) Units 1.75 FTE Setbacks west 8.5';east 1.5' Affordable Housing 623 sf FA 3 West Building south 3.5' Unit Size 791 sf NL Setbacks west 0';east 5' Ratio .343 : 1 East building north 12'; south 3.5' Free-Market to Net Livable Lodge/AH Setbacks Commercial Net Skiers' Chalet north 0';west 10' Leasable 16,125 sf' Steakhouse Lodge Units 34 units Off-Street Parking 126—Total Keys 104 keys Located below lots 1,2 50—Public Pillows 208 pillows and 3 76—Lift 1 Lodge Willoughby and Lift One Parks—Lot 3 Commercial Net 2,500 sf' Gross Lot Size 50,006 sf Leasable Ski Co. skier services and patrol Max Height 31.5' a Essential Public Museum and Skiers' Chalet Lodge (from finished grade) FacilitySki Musseum d related functions Setbacks north 10'; Skiers' Chalet Lodge east 3' (retaining wall to garage access Notes: 'These numbers may change to reflect actual internal programming,subject to verification at building permit 'This is a maximum number,the actual average may not be larger 'This is a minimum number,the actual number may not be smaller "These numbers will be determined at Final HPC approval Ordinance No.38,Series of 2018 Lift One Lodge,Major Amendment Page 53 of 57 Exhibit U: Growth Mana(.,ement Mitigation Calculation Lift One Lod Ze and Skiers' Chalet Steakhouse 104 lodge keys, less a reconstruction credit of 38 units from Holland House. Lodge Use 66 (keys)x 0.6(generation rate)=39.6 FTE x .4475 (mitigation rated based on unit size of 519s = 17.72 FTE=Lodge Use mitigation 18,831 sf of net livable, less a reconstruction credit of 586 sf from Holland Residential House. Use 18,245 (net livable)/400sf(code described sf per FTE)=45.61 FTE x 0.3 codespecified generation rate =13.68 FTE=Free Market mitigation 16,125 sf(total net leasable), West Building— 11,075 sf(net leasable) generation rate 4.7 FTE per 1000 sf—w/.25 discount for area not at grade Commercial 47.33 FTE x .4475(mitigation rate based on unit size of 519sf)=21.8 FTE Use Steakhouse—4,005 sf(net leasable), includes a calculation for 2,429 sf of existing commercial area and .25 discount for area not at grade 17.65 FTE(generation); 6.1 FTE 27.9=Commercial Use mitigation Total Required 59.3 FTE, Category 4 Mitigation Aspen Skiing Company Skiers' Chalet Lodge—skier services and patrol—2,500 sf(net leasable) generation rate 4.7 FTE per 1000 sf. Commercial Credit for 2,340 sf of existing area at Lift I facility Use 160 sf/1000= .16 x 4.7=.75 FTE mitigation rate= .65 .75 x .65 = .49 FTE Total Required 0.49 FTE,Category 4 Mitigation Note: All calculations will be verified by zoning review at building permit. Ordinance No.38,Series of 2018 Lift One Lodge,Major Amendment Page 54 of 57 Exhibit E: Construction Sequencing Representation DESIGN\\1 tliK-I h 11' MEMORANDUM Landscape Archtecture Planning To: Jessica Garrow.Jennifer Phalen.Mike Kraemer Urban Design and Ben Anderson From: Gorsuch Haus.Lift One Lodge.Aspen Skiing 120 East Main Street Company Aspen CO 81611 Date: November 16.2018 970-92sa354 Project Name: Lift One Corridor w"designwofthop oom 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 paries and the replacement of Lift 1A.These projects are interhvined,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 in 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 Plan Approvals Follo;,nng the publ,c 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 building 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. Ordinance No.38, Series of 2018 Lift One Lodge,Major Amendment Page 55 of 57 5. Construction Sequencing In past projects,there has been the need to coordinate operational aspects of projects 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 to 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 beiov,,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. • Late summer Year 2:Subterranean construction at Lift One Lodge and lit platform located over the underground parking structure is completed.Lift 1 A 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 1 A 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 build ng 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 1 A would remain operational until such time that land comprising the corridor becomes available skiing for return skiing to the replacement lift terminal.snow storage and snow making.At that time the existing lift•.vould 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 Pate Ordinance No.38,Series of 2018 Lift One Lodge,Major Amendment Page 56 of 57 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. Ordinance No.38,Series of 2018 Lift One Lodge,Major Amendment Page 57 of 57