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DOC CODE: ORDINANCE
Pg 1 of 31, 04/08/2019 at 10:18:34 AM
Janice K. Vos Caudill, Pitkin County, CO
ORDINANCE NO.39
(SERIES OF 2016)
AN ORDINANCE OF THE CITY OF ASPEN,COLORADO,APPROVING A PLANNED
DEVELOPMENT-PROJECT REVIEW AND ASSOCIATED LAND USE REVIEWS
FOR THE GORSUCH HAUS,A PROPERTY LOCATED AT THE BASE OF ASPEN
MOUNTAIN AND 1A LIFT,ADJACENT TO THE TERMINATION OF S.ASPEN
STREET,COMPRISED OF FOUR PARCELS,CITY OF ASPEN,PITKIN COUNTY,
COLORADO.
Parcel IDs:273513127001,273513126001,273513400028 (4 parcels total, 3 Parcel ID#'s)
WHEREAS, the City of Aspen Community Development Department received an
application for the Gorsuch Haus lodge from Norway Island LLC, PO Box 12393, Aspen CO
81612 (Applicant), where Aspen Skiing Company, PO Box 1248,Aspen CO 81612 is the owner,
represented by Design Workshop for the following land use review approvals:
■ Planned Development— Project Review, pursuant to Land Use Code Chapter 26.445, to
permit restaurant and retail uses within the Lodge (L) zone district (Lot 1), and to permit
ski lift and ski facilities within the Conservation (C)zone district and the Lodge (L)zone
district(Lot 1 and Lot 2); and,
■ Rezoning-pursuant to Land Use Code Chapter 26.310; and,
■ Growth Management Reviews — for lodge, free-market, affordable housing, and
commercial development pursuant to Land Use Code Chapter 26.470; and,
■ Conceptual Commercial Design Review-pursuant to Land Use Code Chapter 26.412;and,
■ 8040 Greenline Review-pursuant to Land Use Code Chapter 26.435; and,
■ Mountain View Plane -pursuant to Land Use Code Chapter 26.435; and,
■ Major Subdivision-pursuant to Land Use Code Chapter 26.480; and,
■ Special Review for Lodge Density Standard—pursuant to Land Use Code Chapter 26.430;
and,
■ Special Review for affordable housing unit net livable standards, pursuant to Land Use
Code Chapter 26.430.040(1); and,
■ Vested Property Rights-pursuant to Land Use Code Chapter 26.308.
WHEREAS, the application was submitted in 2016 and subsequently amended. The
amended application proposes the following development:
■ 81 lodge unit keys.
■ 4 free-market residential units.
■ 1 affordable housing unit.
■ 7,730 square feet of net leasable commercial space.
■ 56 parking spaces;
■ Relocation and replacement of the existing Lift IA ski operations building to Lift One
Lodge property;
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Ordinance No.39,Series 2016
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■ Ski operations and ski infrastructure and,
WHEREAS,for the purpose of this Ordinance,the following definitions apply:
Lift 1 Corridor—This includes the property covered by this ordinance and the property
related to the Lift One Lodge project described in Ordinance # 38, Series of 2018. While
not subject to this Ordinance, the adjacent future park lands will eventually become a
necessary part of the ski way and ski operations.
Current Lift 1A — This term is used to describe the existing and functioning Lift IA
terminal and related skier services and ski patrol facilities.
Future Lift Terminal — this term is used to describe the new lift terminal that will be
located in Willoughby Park.
Historic Lift 1 — this term includes the historic gantry, bull wheel and three remaining
towers of the original Lift 1;and,
WHEREAS, the Application and the Lift 1 Corridor Study and preferred site plan
contemplates, and requires for functional ski and lift operations, skiing across, as well as snow
making onto and snow grooming throughout the Lift Corridor; and,
WHEREAS,the Community Development Department received referral comments from
the Aspen Consolidated Sanitation District, City Engineering, Building Department,
Environmental Health Department, Parks Department, Aspen/Pitkin County Housing Authority
(APCHA), and Utilities Department as a result of the Development Review Committee meeting
held on September 26th,2018; and,
WHEREAS, pursuant to Section 26.470.040.C.7, Affordable Housing, of the Land Use
Code, a recommendation from the Aspen/Pitkin County Housing Authority is required and a
recommendation by the Board was provided pursuant the APCHPA Board meeting held on
October Yd, 2018; and,
WHEREAS, said referral agencies and the Aspen Community Development Department
reviewed the initial 2016 development application and initially recommended restudy of the
project so the design, mass and scale of the project better fit with the context of the immediate
neighborhood; and,
WHEREAS, the Planning and Zoning Commission reviewed the initial 2016 application
at a duly noticed public hearing on July 5, 2016, that was continued to July 19, 2016, August 16,
2016, and September 20, 2016, during which the Planning and Zoning Commission made a
recommendation of denial of the initial 2016 application via Resolution No. 7 (Series of 2016);
and,
WHEREAS, the Aspen City Council has reviewed and considered the initial 2016
development proposal on December 12,2016,February 13th,2017,March 6th,2017,and March 27th,
2017 and tabled the application for further study of a revised Lift 1 corridor alignment. This lift
corridor study was commissioned by the City of Aspen. At the conclusion of this study,an amended
application was submitted in September of 2018; and,
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Ordinance No.39,Series 2016
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WHEREAS, a properly noticed site visit to the property on October 15, 2018 provided
additional information on the project with relationship to site planning and proposed building
heights; and,
WHEREAS,The Aspen City Council reviewed and considered the amended application on
November 12th, 2018 and November 26th, 2018, December P, 2018, December 10th, 2018, and
January 7th, 2019 under the applicable provisions of the 2016 Municipal Code (application deemed
"complete" on March 29th, 2016, and amended application deemed "complete" on September 6th,
2018) as identified herein. The Aspen City Council has also reviewed and considered the
recommendation of the Community Development Director,the applicable referral agencies, and has
taken and considered public comment at a public hearing; and,
WHEREAS, during the continued public hearing on January 7th, 2019 City Council
referred to voters Ordinance No. 39, Series of 2016 that would grant approval with conditions for
a Rezoning, Project Review, Subdivision, Growth Management Quota System, Commercial
Design, 8040 Greenline, Special Review, Mountain View Plane, Special Review for Lodge
Density, Special Review for Affordable Housing Net Livable Standards, and Vested Rights, as
identified herein,with the recommended changes to the application listed hereinafter; and,
WHEREAS, pursuant to Section 5.5 of the Home Rule Charter of the City, the City
Council, on its own motion, has the power to submit at a general or special election any proposed
ordinance or question to a vote of the people; and,
WHEREAS, pursuant to Section 13.4 of the Home Rule Charter of the City, the City
Council shall not sell, exchange or dispose of public building, utilities or real property in use for
public purposes, including real property acquired for open space purposes,without first obtaining
the approval of a majority of the electors voting thereon. Additionally,the City Council shall not
cause or permit the change in use of the real property acquired for open space purposes,other than
for recreational, agricultural or under-ground easement purposes, without first obtaining the
approval of a majority of the electors voting thereon. Further,under such Section 13.4 of the Home
Rule Charter,no real property acquired for open space purposes shall be sold,exchanged,disposed
of, or converted to other uses other than for recreational, agricultural or underground easement
purposes, unless such open space is replaced with other open space property of equivalent or
greater value as of the date of sale or conversion as determined by the City Council by resolution
following a public hearing taking into consideration monetary, environmental, and aesthetic
values; and,
WHEREAS,at a continued public hearing on January 7, 2019,the City Council,by a 3 to
2 (3-2) vote, adopted Resolution No. 2, Series of 2019 pursuant to Sections 5.5 and 13.4 of the
Home Rule Charter of the City,to refer this Ordinance (and proposed Ordinance No. 39, Series of
2016 for the approval of the Gorsuch Haus Project) to a vote of the electors of the City to make
the findings stated herein and grant approval with conditions for a Major Amendment to a Planned
Development, Project Review, and related reviews for Subdivision, Exchange of City Land,
Rezoning, Growth Management Quota System, Commercial Design, Timeshare Development,
Transportation and Parking Management, Special Review, ESA — Mountain View Plane, and
Vested Rights, subject to the conditions of this Ordinance; and,
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WHEREAS, City Council intends to refer the project to the Aspen voters for
consideration.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN AS DIRECTED BY THE VOTERS AS PROVIDED BELOW:
Section 1: General Approvals
A. Pursuant to the standards set forth in Title 26 of the Aspen Municipal Code and Sections
5.5 and 13.4 of the Home Rule Charter of the City of Aspen, the City, by a vote of its
eligible electors, approves the Gorsuch Haus application for a Site Specific Development
Plan for the Gorsuch Haus Subdivision /PD that includes land use reviews for Planned
Development-Project Review,Rezoning,Major Subdivision, Growth Management Quota
System Reviews, Conceptual Commercial Design,Mountain View Plane, 8040 Greenline,
Special Review for Lodge Density, Special Review for affordable housing unit net livable
standards, and Vested Property Rights approval—allowing for the development of Lots 1
and 2. Lot 1 development is comprised of a mixed-use building containing a mix of lodging
with restaurant and retail uses,free-market residential,affordable housing,commercial net
leasable space, a new Lift 1 ski corridor alignment, lift tower, and skier return. Lot 2
development and activities are comprised of a new Lift 1 ski corridor alignment,lift towers,
skier return, traditional ski operation maintenance activities, and an event staging and
viewing area.
B. More specifically for the Gorsuch Haus, subject to the conditions of approval as listed
herein, is a development containing 81 lodge keys, 4 free-market residential units totaling
8,000 square feet of net livable floor area, 1-1 bedroom affordable housing unit, 7,730 sq.
ft.of commercial net leasable space,and ski lift and facilities on Lot 1. Ski area operations
and associated ski and non-mechanized summer uses for the relocated Lift 1 lift tower
alignment, skier return, snow making infrastructure and event staging and viewing area,
are approved on Lot 2.
Section 2: Vested Rights
A. The development approvals granted pursuant to this Ordinance will constitute a new site-
specific development plan and a vested property right pursuant to Land Use Code Section
26.308.010 and C.R.S. §24-68-101 et seq. attaching to and running with the Subject Property
and will confer upon the Applicant the right to undertake and complete the site-specific
development plan and use of the Subject Property under the terms and conditions of the site-
specific development plan, including any approved amendments thereto. However, any
failure to abide by any of the terms and conditions attendant to this approval that is not
cured by the Applicant after written notice from the City, a right to a public hearing in
accordance with the applicable provisions of the Land Use Code, and a reasonable
opportunity to cure such failure will result in the forfeiture of said vested property rights.
B. Due to the substantial nature of the changes proposed by the Application and approved by
this Ordinance,and that the request approved by this Ordinance is in response to a directive
from the City Council to pursue a new placement of the Future Lift Terminal, a period of
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vesting is established for the Gorsuch Haus Planned Development. Pursuant to C.R.S. §
24-68-104(2),it is appropriate that the vested property rights for the Gorsuch Haus Planned
Development will be vested for a period exceeding three years in light of all relevant
circumstances, including,but not limited to,the need to wait until all required City-owned
property is available for use in connection with the development and operation of the Lift
1 Corridor project, the size of the development, economic cycles, and market
conditions. The Development Agreement to be entered into between the City and the
Applicant pursuant to the terms of this Ordinance will memorialize such extended period
of vested property rights pursuant to C.R.S. § 24-68-104(2).
C. The vesting period will commence on the effective date of the Development Order for the
Project issued by the City in accordance with Section 26.304.080 of the Land Use Code.
D. The vesting period will remain in effect for five years following the effective date of the use
rights conferred as part of the initial 40-year term of the Dolinsek License pursuant to
Section 6.A.1 of Ordinance No. 38, Series 2018. However, the vesting period will not
extend longer than the validity of the Development Order issued for the Project pursuant
to Section 26.304.080 of the Land Use Code,as amended from time to time(which Section
26.304.080 currently provides that a Development Order will not be valid for more than
ten years). Nothing herein will be construed as limiting the right of the Applicant to
proceed with development of the Project prior to the commencement of the initial 40-year
term of the Dolinsek License,provided the Project has received the required Detailed/Final
Review approvals described in the Ordinance and complied with the City's permitting
requirements.
Section 3. Subdivision and Rezoning
A. Currently the subject land area consists of four parcels within the city's municipal
boundary. The Applicant proposes, and the City Council approves the parcels be
reconfigured into Lots 1 and 2.
B. Within 180 days of issuance of a Development Order and prior to building permit
submittal, a final subdivision plat shall be submitted for review and approval by the
Community Development Director and City Attorney. This plat shall illustrate Lots 1 and
2 as well as lands to be vacated and dedicated as outlined in section 4 of this ordinance.
C. The current zoning for the subject properties located with the city's municipal boundary is
Conservation(C). The City Council approves the rezoning of Lot 1 from C to Lodge (L).
A Planned Development overlay is designated on both newly created lots. Lot 2 shall
remain within the C zone district. The official zone district map shall be amended upon
recordation of a final subdivision plat,recordation of an architectural plan set,and required
development agreements.
Section 4: Vacation of public right-of-way and acceptance of Private property
A. The City Council approves the vacation of the public rights-of-way, comprised of
approximately 8,206 sq. ft. as requested by the Applicant(a portion of S.Aspen Street and
all of Summit Street)to be replaced with all necessary easements for any existing or future
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utility infrastructure. The City Council also accepts the dedication of approximately 3,462
sq. ft. of private property for City of Aspen right of way at the terminus of South Aspen
Street for a public right-of-way in the form of cul de sac improvements. Conveyance of
title associated acknowledging a change of ownership between the record owner of Lot 1
and the City of Aspen, shall be completed with a recordation of deeds 45 days following
the recordation of the subdivision plat.
Section 5: Licenses and Easements
A. The ski corridor requires easements and/or licenses for skiing and ski operations across
portions of Lot 1. An easement agreement between the Aspen Skiing Company and
Gorsuch Haus shall be established to allow ski-related activity and infrastructure to occur
on Lot 1.
B. All license and easement agreements shall be submitted for review within the 180 day
period following issuance of a Development Order.
C. The City will enter into a fee-free easement agreement with Aspen Skiing Company to
allow skiing and ski and lift related activities,equipment,improvements and infrastructure,
including, without limitation, subgrade snowmaking infrastructure as well as above grade
ski and lift related equipment,improvements and infrastructure to occur on,over and under
the Hill Street Right of Way. The easement agreement will provide that Aspen Skiing
Company will own and exclusively control all ski and lift related equipment,improvements
and infrastructure constructed on, over, and under Hill Street Right of Way pursuant to
such easement agreement.
D. The City will grant to the Applicant for the benefit of Lot 1,an easement over,under,across
and through all public rights-of-way and City-owned lands adjacent to the Project for the
purpose of allowing construction work and staging, crane swing, over-digging, shoring,
soil nails and other construction activities necessary or appropriate to undertake the
construction of the Project and to establish and maintain a safe working environment during
such construction. Provided, however, that no such easements will be granted by the City
with respect to the Dolinsek Property until the City is permitted to do so pursuant to the
Dolinsek Deed, and no such easements shall violate the terms and restriction of the
Conservation Easement on the Dolinsek Property held by the Aspen Valley Land Trust.
E. All license and easement agreements entered into pursuant to the above provisions of this
Section 5 will contain commercially reasonable insurance and indemnity provisions,
provided,however,the City will not provide an indemnification to any party.
Section 6: Planned Development—Project Review
A. Within 15 days prior to the public election,the Applicant shall submit an `Approved Plan
Set,' that includes the Conceptual floor plans, site plan, lot configuration, and elevations.
Failure to submit these plans shall not render the approvals in the Ordinance null and void.
B. Pursuant to Land Use Code Section 26.445.090(A), the Applicant has one (1) year from
Project Review approval to submit the Detailed Review with Planning and Zoning
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Commissior7. This one-year period shall commence from the date of an election that
provides voter approval.
Section 7: Proiect Dimensions
The approved dimensions, site plan, architectural massing, and character are represented as
Exhibits A and B of this ordinance. Pursuant to Land Use Code Section 26.445.090(A), the
Applicant has one year from Project Review approval to submit the Detailed Review application
for this request.
As part of the approved Planned Development, the Applicant shall comply with the following
conditions of approval:
A. The overall maximum height of the approved lodge is limited to 40'. Rooftop
elevators/elevator overruns may exceed this height by a maximum of 10'. Due to the
location of the approved stairway and associated retaining wall on the western side of Lot
1,portions of the western elevation of the lodge building will exceed the 40' overall height
restriction in the L zone district as documented in Exhibit A, West Elevation and North
Elevation. As part of the Planned Development approval, the height measurement on the
western elevation of the lodge building shall be taken from the finished grade of the top of
the retaining wall located adjacent and west of this stairway. The lodge building shall not
exceed 40' in height from this approved measurement point. Lightwells along the east and
west fagade that do not exceed 100 square feet shall not be counted towards maximum
permissible height and are permitted to walk out at the same level as adjacent rooms.
Grading within the lot setback of greater than thirty inches(30") is permitted on Lot 1 and
Lot 2. The rooftop amenity deck has been granted a three-foot(3')height exception from
the maximum height as calculated under Land Use Code Section 26.710.190(D)(8)(e).
B. Engineering requirements may dictate that the replacement lift towers on Lots 1 and 2
might exceed the height limits and setback requirements for the C and L zone districts. The
City Council approves the replacement lift towers to exceed the height limit and intrude
upon the setback standards in the C and L zone districts,as required by the lift manufacturer
design and as documented in the attached site plan.
C. The lodge units shall operate under the rules and regulations of the City of Aspen.The four
free-market units shall not be combined. The four free market units are limited to 1,500
square feet of net livable floor area and are permitted to be expanded up to 2,000 square
feet of net livable floor area upon landing the appropriate number of Transferrable
Development Rights(TDR's). TDR's used for additional net livable floor area up to 2,000
square feet per free market unit shall be submitted and extinguished at building permit
submittal.
Section 8: Proiect Uses
A. Specifically approved as part of the Planned Development review for Lot 1 is the ability
for the mixed-use lodge to contain restaurant and retail uses and for construction of new
lift towers and skier return.
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Ordinance No.39,Series 2016
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B. Specially approved as part of the Planned Development review for Lot 2 is the ability for
the lot to contain the relocated future ski lift alignment, development of new lift towers,
regrading for skier return, regrading for the Aspen Mountain service road, traditional ski
and non-mechanized recreational operation maintenance activities, and ski race
finish/special event use viewing area. The viewing area shall obtain all required special
event permits prior to operation, as necessary.
C. Service gates are permitted to be placed at the entrance of the realigned Aspen Mountain
service road on Lot 2. The service gate locations, dimensions, materials, and color shall
be administratively reviewed and approved by the Community Development Department.
D. Approved as part of the Planned Development review for Lot 1 is the ability for Public
Amenity Space to be partially covered by overhangs due to the close proximity of this
space to the future ski lift alignment. Public amenity space is also approved to be oriented
to the eastern ski slope.
Section 9: Special Review for Lodge Density
A. The City Council finds that the proposal to increase lodge unit density complies with the
Special Review criteria pursuant to Land Use Code Section 26.430.040. The City Council
finds that the lodge includes a generous amount of non-unit space and amenities for lodge
guests in the form of an "accessory lodge" meeting room and an "accessory lodge" spa
both for use by lodge customers only and not the general public. The lodge also contains
a range of lodge unit sizes and configurations. The City Council approves an increase in
lodge unit density by 10%which represents 1 lodge unit/550 square of gross lot area (81
lodge units/44,545 square feet of gross lot area) and the associated floor area, height, and
employee mitigation incentives established with the density of 1 lodge unit/500 square feet
of gross lot area.
Section 10: Special Review for Affordable Housing
A. The City Council finds that the proposal to place the onsite 1-bedroom affordable housing
unit more than 50%subgrade meets the Special Review criteria pursuant to Land Use Code
Section 26.430.040. The location of the unit will not have any adverse impacts to the
neighborhood, and the City Council approves this portion of the request. The unit shall
comply with adopted building codes regarding ingress and egress.
Section 11: Growth Management Allotments
Following growth management allotments are allocated to the lodge on Lot 1:
• 4 free market residential dwelling unit allotments(from 2016 GMQS calendar year)
• 1 - 1 bedroom affordable housing unit allotment. (from 2016 GMQS calendar year)
• 7,730 sq. ft. of new commercial net leasable space. (from 2016 GMQS calendar year)
• 112 lodging pillows,which equals 56 lodging keys, from the 2016 GMQS calendar year,
with approval for 50 lodging pillows,which equals 25 keys,to be granted from the 2017
GMQS calendar year.
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Ordinance No.39,Series 2016
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Section 12: Affordable Housing
The following calculations are based in the Land Use Code in effect at the time of application,
March 29th, 2016. The included calculations are based on conceptual level depictions of the uses.
Updated calculations will be conducted at final review and confirmed at building permit.
A. Gorsuch Haus Mitigation
Lodge Use 12.83 FTEs
Free Market Residential Use 4.64 FTE mitigation
Commercial Use 8.85 FTE Commercial mitigation requirement
Sub Total 26.32, Category 4
Total Required Mitigation w/ 21.68 FTE, Category 4
Employee Generation Review
Employee Generation Review, Initial mitigation reduction
The Applicant has requested and has been approved to have a project specific review of employee
generation that particularly reflects the allowance in Section 26.470.050.C.6 for lodge
development. This recognizes an efficiency of service between the free-market and the lodge
components of the project. A reduction of 4.64 FTEs is permitted;however,this reduction requires
an audit, two (2) years after issuance of Certificate of Occupancy, to evaluate actual employee
generation. If the free-market component is shown to generate FTEs greater than those supplied
by the lodging component, mitigation shall be required commensurate with the employees
generated by the free-market component up to an additional 4.64 FTEs(estimate)as calculated in
accordance with the Land Use Code in effect at the time the Application was submitted by the
Applicant.
APCHA shall request the audit from Gorsuch Haus. Failure to request the audit shall not render
any of the approvals invalid. Gorsuch Haus shall provide the Housing Authority and the
Community Development Department with the audit report. The Housing Authority and
Community Development Department shall forward the audit to the Housing Board for a
recommendation and City Council will make the final decision of whether additional mitigation is
required based on such audit. Any reasonable costs for the audit shall be paid by the Applicant.
B. Method of Mitigation. In addition to the provision of one on-site affordable housing unit,
mitigation may be satisfied utilizing on-site units,off-site units,"buy-down"units,or City
of Aspen Affordable Housing Credits. Off-site units may be provided at locations within
the Aspen Urban Growth Boundary. Cash in lieu is not permitted to satisfy affordable
housing mitigation requirements.
C. Timing of Mitigation. Required Affordable Housing mitigation shall be satisfied prior to
issuance of a Certificate of Occupancy for the Gorsuch building.
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D. The existing Lift 1 A ski operations space (consisting of approximately 2,500 square feet
of ticketing, restroom facilities, and ski patrol space) shall be demolished and replaced, as
contemplated under Ordinance No. 38, Series of 2018. Precise floor area shall be verified
at building permit submittal.
Section 13: Employee Housing Unit
The project as approved includes one (1), one-bedroom employee housing unit. This provides
1.75 FTE of required mitigation.
Affordable Housing Conditions. The one(1)affordable housing unit shall be deed restricted at
Category 4(or below)and shall meet the following conditions:
A. The deed restriction shall be recorded for the affordable housing unit prior to a Certificate of
Occupancy(CO)being issued for the housing unit. The CO for the affordable housing unit
shall be issued at the same time or prior to the CO for the lodge,free-market residential units,
and commercial space of the hotel.
B. All tenants shall be approved by APCHA prior to occupancy.
C. Employees of the hotel shall be exempt from maximum assets and maximum income for the
on-site units; however, the tenants shall not own any other property within the ownership
exclusion zone and must work full time as defined in the APCHA Guidelines.
D. Minimum occupancy shall be obtained for each unit,as defined in the APCHA Guidelines.
E. The units shall not be vacant for longer than 45 days,unless APCHA notified as to why the
unit has been left vacant.
F. Washer and dryer shall be provided in employee housing unit.
G. The affordable housing unit shall be assigned one parking space in the underground garage,
and they shall not be a stacked or tandem space.
H. The affordable housing unit shall be a rental unit. The Condominium Declaration shall
include language, to be reviewed and approved by APCHA, that should the affordable
housing unit become an ownership unit:
1) It will be sold through the lottery system.
2) The dues will be based on the assessed value of the deed-restricted units vs.the free-
market unit as well as the square footage of the units;
3) No common expenses will be charged to the deed-restricted owners,unless approved
by APCHA.
4) A separate HOA shall be created for the deed-restricted employee housing unit, if
required by APCHA.
Section 14: Aspen Street Improvements
The creation of a cul-de-sac at the terminus to Aspen Street is conceptually approved and the
conceptual design is depicted as an exhibit to this Ordinance. The final design of the cul-de-sac
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will be evaluated by the Engineering Department and Fire Department and a recommendation
made to the Planning and Zoning Commission at Detailed review. Consistent with the terms and
provisions of Ordinance No. 28, Series of 2011, the Applicant agrees to a reimbursement
agreement being developed to assist, on a proportionate basis, in the cost of the reconstruction of
S. Aspen Street as depicted on the engineering drawings prepared by Schmueser Gordon Meyer
Inc. and recorded as part of the final development approvals for Lift One Lodge in Plat Book 102
at Pages 11-19 (the "South Aspen Street Improvement Plans"). The reimbursement agreement
shall include a reimbursement formula utilizing the proportion of linear feet of South Aspen Street
frontage allocated to properties on South Aspen Street,with 20.45 %being allocated to Lot 1. The
reimbursement agreement shall also include cost recovery provisions consistent with the
development approvals for the One Aspen Townhome project, which has previously made within
the South Aspen Street right of way certain road surface and sidewalk improvements as well as
certain infrastructure improvements (including water lines, sewer lines and shallow utility lines).
The costs for cul de sac improvements beyond the scope of originally approved South Aspen Street
Improvement Plans shall be allocated fully to Gorsuch Haus.
Section 15: Planned Development—Detailed Review
In addition to the general documents required as part of a Planned Development—Detailed Review,
the following items shall be required as part of the Application's Planned Development—Detailed
Review:
A. An Outdoor Lighting Plan,pursuant to section 26.575.150.
B. An existing and proposed Landscaping Plan, identifying trees with diameters and values.
C. A draft Construction Management/Phasing Plan.
D. A snow storage and snow shedding plan. Snow is permitted to shed from Lot 1 onto Lot
2 as well as from Lot 2 onto Lot 1, but snow is not permitted to shed off roofs onto other
neighboring properties. Demonstrate that any snow which sheds off roofs will remain on-
site.
E. An updated and final Transportation Impact Analysis(TIA), including a monitoring plan.
F. A final engineered design for the S.Aspen Street improvements.
G. A draft subdivision and vacation plat
H. Draft Ski Operations Plan
I. At Detailed Review submission, the Applicant shall submit a draft revocable
encroachment license agreement for the hardscaping, pedestrian lighting, pedestrian
benches, and landscaping improvements within the Hill Street Right of Way. This
revocable encroachment license agreement shall be preliminarily reviewed by the
Engineering Department and City Attorney. Final review and execution of this license
agreement shall occur concurrently with recordation of the final subdivision plat.
J. At Detailed Review Submission,the Applicant shall submit draft utility easements for any
existing or potentially future utilities within the Summit Street Right of Way and the South
Aspen Street Right of Way. This agreement shall be preliminarily reviewed by the
Engineering Department and City Attorney. Final review and execution of this easement
shall occur concurrently with recordation of the final subdivision plat.
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Ordinance No.39,Series 2016
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Section 16: Subdivision/PD Plat and Agreements
The Applicant shall submit a Subdivision/PD agreement(hereinafter"Agreement")that meets the
requirements of the Land Use Code within 180 days of final approval. The 180 days shall
commence upon the granting of Final Commercial Design and Planned Development — Detailed
Review approvals by the Planning & Zoning Commission. The recordation documents shall be
submitted in accordance with the requirements of Section 26.490 Approval Documents of the Land
Use Code.
A. In accordance in Section 26.490.040,Approval Documents Content and Form,the following
plans are required in the Approved Plan Set:
1) Final Commercial Design Review/Architectural Character Plan
2) Planned Development Project and Detail Review Plans.
3) Mud flow and Storm Water Mitigation Plans
4) Public Amenity Plans.
5) Public Infrastructure Plan.
6) Final Transportation Impact Analysis(TIA), including a monitoring plan.
7) Subdivision Plat.
8) Street,Alley and Easement Vacation Plat
B. In accordance with Section 26.490.050, Development Agreements, a Development
Agreements shall be entered into with the City. At a minimum the development agreements
shall include:
1) A preliminary construction staging and sequencing plan that includes coordination
among Gorsuch Haus, Lift One Lodge, and Aspen Skiing Company. Such
construction staging and sequencing plan shall provide that ASC will install the
new lift, including the Future Lift Terminal and towers, no later than as promptly
as it reasonably and safely is able to following completion of the garage, subgrade
structures and foundation,vertical construction and enclosing of the Gorsuch Haus
and Lift One Lodge buildings.
2) Easements or long-term irrevocable licenses to provide for ski operations to operate
on the properties associated with the ski corridor.
3) In accordance with Section 26.490.060,Financial and Site Protection Requirements,
the Applicant shall provide a site protection guarantee (subsection B) and a site
enhancement guarantee(subsection Q.
4) In accordance with Section 26.490.070, Performance Guarantees, the following
guarantees are required in an amount equal to 150%of the current estimated cost of
the improvement:
• Landscape Guarantee for landscaping placed on Lot 1 and Lot 2
• Public Facilities and Public Infrastructure Guarantee associated with Lot 1 and
Lot 2.
• Storm Water and Drainage Improvements Guarantee associated with Lot 1 and
Lot 2.
5) In accordance with Section 26.490.060.A,Proofo Financingbefore the issuance
of a building permit for the development of any parcel, and as a condition of such
approval, owner shall provide to the City Building Department and City Attorney
City Council
Ordinance No.39,Series 2016
Page 12 of 31
for review and approval, satisfactory evidence that owner has in place sufficient
financing to accomplish and complete the construction of the development of the
project covered by the building permit and any public improvements identified
within an improvements agreement and required under this ordinance;provided, if
there is no loan with respect to development of the project,then owner shall provide
a letter from a financial institution stating that the owner has funds available in an
amount that covers the estimated cost of construction for the development. Such
financing may include without limitation, a construction loan from an institutional
lender or lenders and equity capital investments and/or donations from owner or
third party investors or contributors. In addition, before issuance of a building
permit for the project, owner shall provide supporting cost estimates for all
improvements covered by the requested building permit prepared by owner's
general contractor for review and approval by the City of Aspen Building
Department.
6) A Condominium Map shall be competed for the development in accordance with
Section 26.480.050(A), Condominiumization.
C. Other Necessary Approval Documents—specific to this approval
1) License and Easement Agreements—necessary agreements outlined in Section 5,shall
be submitted for review and approval.
2) Other Agreements as necessary—between the stakeholders to the project including:
The City of Aspen, Aspen Historical Society, Aspen Skiing Company, Lift One
Lodge,and Gorsuch Haus.
Section 17: ESA Reviews
A. The City Council finds the application meets the 8040 Greenline review criteria and finds
that the approved development will have minimal effect on the Wheeler view plane.
Section 18: Engineering Department
A. The Applicant's design shall be compliant with all sections of the City of Aspen Municipal
Code,Title 21 and all construction and excavation standards published by the Engineering
Department.
B. Drainage: The Project shall meet the Urban Runoff Management Plan Requirements. A
compliant drainage plan, including a 100-year mudflow analysis, must be submitted with
a building permit application. A draft mudflow analysis for the Lift One Lodge Project
and Gorsuch Haus Project was submitted to the City with the Application for Project
Review based on pending mudflow regulations that are anticipated to be in effect prior to
submission of the building permit applications for the Project. This draft mudflow analysis
was prepared by Tetra Tech and dated November 7, 2018. The City hereby accepts the
criteria and findings described in such draft mudflow analysis on a conceptual basis.
C. Sidewalk/Curb/Gutter: All sidewalk curb and gutter shall meet the Engineering Standards
of City of Aspen Municipal Code Title 21.
City Council
Ordinance No.39,Series 2016
Page 13 of 31
D. Excavation Stabilization: Due to the scale of excavation and proximity of excavation to
neighboring properties, an excavation stabilization plan shall be submitted to the
Engineering Department at building permit submittal. Soil stabilization shall be located
within the property boundaries or follow section 21.12.140 of the Municipal Code.
E. Ground Stability Monitoring: In order to ensure that development of the Project does not
exacerbate naturally occurring ground movement, an inclinometer shall be installed and
maintained by Gorsuch Haus or its successors or assigns with bi-annual readings taken
through the time of issuance of a Certificate of Occupancy. The first Building Permit
application for the Project shall include a report on the initial readings and a subsequent
report is required prior to issuance of a Certificate of Occupancy.
F. TIA: At Detail Review, the Applicant shall submit detailed plans that include mudflow
analysis, detailed utility plans, and address all comments provided as part of the
Development Review Committee on September 26,2018. The Applicant shall also submit
revised commitments as part of the TIA Review to remedy the 22 point deficit in this
analysis.
Section 19: Fire Mitigation
A. All codes adopted by the Aspen Fire Protection District shall be met. This includes but is
not limited to access(International Fire Code(IFC),2003 Edition, Section 503),approved
fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Similarly,
all Tramway Board codes and/or regulatory requirements applicable to the Gorsuch Haus
Planned Development shall be met.
Section 20: Parks Department
A. Tree removal permits are required prior to issuance of a building permit for any demolition
or significant site work. Mitigation for removals(after factoring in any appropriate credits)
must be met by paying cash in lieu,planting on site, or a combination of both,pursuant to
Chapter 13.20 of the City Municipal Code. Any plantings on the roof shall not qualify as
mitigation.The Applicant shall explore potential sites around the property to allow planting
and full maturation of trees outside of the ski corridor and considering its contemplated
uses. This shall be included as part of the PD Detail Review.
B. A tree protection plan indicating the drip lines of each individual tree or groupings of trees
remaining on site shall be included in the building permit application for any demolition
or significant site work. The plan shall indicate the location of protective zones for
approval by the City Forester and prohibit excavation, storage of materials, storage of
construction backfill,storage of equipment,and access over or through the zone by foot or
vehicle.
C. Prior to final approval, the Applicant shall finalize the dedication of the proposed
pedestrian and bicycle public access trail that provides access from Hill Street to the
existing public access and skiers easement recorded at BK 4, PG 489 to the satisfaction of
City Council
Ordinance No.39,Series 2016
Page 14 of 31
the Parks Department. The reception number associated with this dedication shall be
crossed referenced on the final plat.
D. Prior to final approval, the Applicant shall finalize the dedication of a proposed public
access easement that permits access across Lot 2 and is commensurate with Aspen
Mountain Service Road to the satisfaction of the Parks Department. The City agrees that
such public access may be managed to restrict access from time to time at the discretion of
the Aspen Skiing Company for safety, maintenance, operations, loading, unloading, and
staging purposes, as it determines. The reception number associated with this dedication
shall be crossed referenced on the final plat. Given the close proximity of the Hill Street
access easement dedication,this easement may coincide with subsection C above.
E. Prior to final approval, the Applicant shall finalize the dedication of a public access
easement on the western stairway of the lodge development to the satisfaction of the Parks
Department. The reception number associated with this dedication shall be crossed
referenced on the final plat.
Section 21: Aspen Consolidated Sanitation District Requirements
A. Service is contingent upon compliance with the District's rules, regulations, and
specifications, which are on file at the District office. Prior to certificate of occupancy for
the building, the Applicant shall connect to the recently upgraded sanitation sewer line in
the South Aspen Street. Prior to construction of the connection, the connection shall be
approved to the satisfaction of the District.
Section 22: Environmental Health Department
A. Code requirements to be aware of when filing a building permit include: a prohibition on
engine idling, regulation of fireplaces, fugitive dust requirements, noise abatement and
pool designs.
B. Additional materials shall be submitted as part of the Detail Review application inclusive
of but not limited to appropriate sizing of the trash/utility enclosure, delineation of
clearance of the waste enclosure, and clarity on co-location of trash and utilities to ensure
adequate room is provided. Special Review approval from the Environmental Health
Department to satisfy dimensional requirements may be required.
C. The City and the Applicant understand and acknowledge that functional operation of the
Lift 1 Corridor requires that SkiCo undertake certain maintenance and operational
activities, including snow making, snow grooming, lift maintenance, load in and load out
for special events and mountain operations, outside of operational hours, including during
early morning, evening, and night time hours throughout the Lift 1 Corridor.
Section 23: Water/Utilities Department
A. The Applicant shall comply with the City of Aspen Water System Standards,with Title 25,
and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory
Code)of the Aspen Municipal Code, as required by the City of Aspen Water Department.
All Water System Distribution standards in place at the time of building permit shall apply,
City Council
Ordinance No.39,Series 2016
Page 15 of 31
and all tap fees will be assessed per applicable codes and standards. Utility placement and
design shall meet adopted City of Aspen standards.
Section 24: Outdoor Lighting and Signage
A. All outdoor lighting and all signage shall meet the requirements of the Aspen Municipal
. Code.
Section 25: Building Department
A. The Applicant shall meet all applicable building and accessibility codes in place at the time
of building permit submission. The elevators are required to meet IBC accessibility
requirements. The affordable housing unit shall be provided with an ADA compliant
circulation path within the site that connects the units to the parking and the public right of
way.
Section 26: Colorado Passenger Tramway Safety Board Review
A. The Colorado Passenger Tramway Safety Board will conduct a review of the lift and ski
corridor for compliance with safety and design standards. If the review by the Tramway
Board requires modification to any element of the design of this approved project to
comply with standards, such modifications will be reviewed and may be approved
administratively by the Community Development Director. Any required modifications
that have significant impacts to height, mass or scale, or site planning will be reviewed
during Detailed Review with Planning and Zoning Commission and may require an
Amendment to the Planned Development Project Review.
Section 27: Cost Sharing
A. As provided in Ordinance No.38,Series of 2018, it is acknowledged that the City of Aspen
agrees to contribute a fixed amount of$4,360,000 to Lift One Lodge in support of the
public facing elements of the project, including improvements to Dean Street and the
relocation and rehabilitation of the Skiers' Chalet Lodge.
B. The funds approved pursuant to Ordinance 38 shall be budgeted and appropriated in 2019
and held in escrow to be released to the Lift One Lodge upon the completion of the new,
Lift IA ski lift. The terms of the escrow consistent with Ordinance 38 shall be specifically
described in an escrow agreement between the parties.
C. This amount is fixed by the approval of Ordinance 38. Any future proposal to increase this
amount will require approval by a majority of the voters of the City of Aspen.
D. This contribution to the project by the City of Aspen, does not preclude Lift One Lodge
from meeting the requirements of development specified by Ordinance 38.
E. This cost sharing contribution will be recognized and further defined within the
development agreement between the City of Aspen and Lift One Lodge.
F. At the time of demolition of Aspen Skiing Company's existing Lift I ski operations space
(consisting of approximately 2,500 square feet of ticketing, ski patrol and restroom
City Council
Ordinance No.39,Series 2016
Page 16 of 31
facilities space),Applicant shall contribute$1,000,000 toward the relocation,rehabilitation
and repurposing of the ski operations related elements of the Skier's Chalet Building. Such
funds shall be held in escrow and released to Lift One Lodge upon its delivery of the
relocated and rehabilitated Skier's Chalet Building in a"white box condition"as provided
in Ordinance No, 38, Series of 2018. If the delivery of the relocated and rehabilitated
Skier's Chalet Building in"white box condition"takes place prior to the demolition of the
existing Aspen Skiing Company Lift IA ski operations space, then Gorsuch Haus shall
deliver the $1,000,000 contribution directly to Lift One Lodge at time of delivery.
Section 28: Lot 2 Development Restriction
A. The property owner/Applicant shall include a plat note on the final subdivision plat,for review
and approval by the Community Development Director and the City Attorney, that restricts
the reconfigured Lot 2 against all future residential building and residential development and
other land uses and activities that are not consistent with the intent and approved development
outlined in this ordinance. This plat note shall include a provision that authorizes the
construction and use of all ski and non-mechanized recreational infrastructure, including ski
lifts, towers, snowmaking equipment, accessory and support structures pursuant to this
ordinance as well as the ability to conduct skiing, recreational uses that do not require
mechanized infrastructure, all related ski and recreational operations and accessory ski and
recreational uses, including snowmaking, snow management, grooming, hiking, biking, up-
hilling and events related thereto, as well as traditional and routine ski operations and
maintenance,on the property, including mountain access road use and maintenance, as well
as motorized vehicle,equipment and material staging and access in both winter and summer
seasons along the mountain access road. This plat note shall also include a provision for the
ability to conduct all ancillary and approved special events on the property. This language
shall be reviewed, approved, and executed at the time of recordation of the final subdivision
plat.
B. Any amendment to the condition relating to residential building and residential development
shall require a successful majority vote of the public.
Section 29: Public Amenity Spaces
A. The Applicant has committed to providing a total of 11,136 sq. ft. (minimum of 25%) of
public amenity space of which a portion of this space is located on the rooftop. These
spaces shall be permanently accessible by the public through stairs and/or elevators. These
spaces shall not be enclosed with temporary or permanent walls/windows or otherwise
enclosed as interior conditioned space, except for tents and similar soft-sided enclosures
that may be allowed pursuant to the land use code. Due to the proximity of the proposed
telemix lift,some areas of public amenity may be covered. Final design and approval shall
be granted at Detailed Review. Approved rooftop Public Amenity Space shall be subject
to a public access easement.
Section 30: South Aspen Street Winter Maintenance:
The City of Aspen has considered the potential traffic impacts to South Aspen Street from the
approved Gorsuch Haus Development and Lift One Lodge Development (Applicants), including
the ability for South Aspen Street, as it exists, to provide safe, unobstructed access. Due to its
City Council
Ordinance No.39,Series 2016
Page 17 of 31
steep grade, narrow width, and north facing aspect, requiring South Aspen Street to be improved
with a snowmelt system has been considered in relation to the subject applications. At the time of
this approval,the City of Aspen defers requiring the Applicant to install a snowmelt system. The
purpose of this deferment, is to engage in a process to evaluate the efficacy of requiring the
Applicants to install a South Aspen Street snowmelt system. At the conclusion of this process,the
City of Aspen may require installation. The following timeframes, service/maintenance
adjustments, and triggers shall be used to evaluate the potential installation of a snowmelt system:
Year 1 - from date of Final approval:
A. The Applicants shall complete a traffic study that provides a baseline evaluation of existing
traffic volumes associated with the existing land uses located along South Aspen Street.
The traffic study shall include an evaluation of future traffic impacts as a result of the
Gorsuch Haus development, the Lift One Lodge Development, and new location of the
future lift terminal near Dean Street. This evaluation of future traffic impacts shall consider
the width, grade, and winter conditions of South Aspen Street and consider types personal
and commercial vehicles that will access the future lodges. Once complete,this study shall
be submitted to the Community Development Director for evaluation.
B. The City of Aspen shall evaluate the general impacts and potential effectiveness of
alternative product applications that could provide increased traction on South Aspen Street
such as salt-based de-icers, use of Magnesium Chloride or other similar product, increase
application of sand or other similar material, or some combination of these alternatives.
The City of Aspen shall also evaluate the potential of resurfacing South Aspen Street with
a combination of traction base material, permanent bonding, and grooved pavement, as
well as restrictions on vehicle types and vehicle tires. These evaluations shall include
referral comments from the Environmental Health Department for environmental impact
consideration and the Engineering Department. Included in this evaluation will be a water
quality monitoring program(in coordination with the City Engineering Department subject
to generally accepted engineering standards)to establish a baseline water quality level and
measurement of impacts of implemented alternative maintenance strategies(including any
salt-based de-icers and increased sanding impacts). Once complete,the evaluation shall be
released to the Applicants.
Year 2—from date of Final approval:
C. The City of Aspen shall identify current snowmelt system technologies and evaluate the
financial and environmental costs of installation, maintenance, and operation of such a
system. The City of Aspen shall also explore renewable energy alternatives associated
with this potential installation. Due to the unknown timeframe for completion of the
Gorsuch Haus and Lift One Lodge developments and the potential for future improvement
in snowmelt technologies, the City of Aspen may choose to further evaluate snowmelt
technologies past this established timeframe.
Within 1 year of the completion of the Gorsuch Haus and the Lift One Lodge:
D. Post development of the Gorsuch Haus and the Lift One Lodge, actual traffic impact to
South Aspen Street shall be evaluated by the Applicants. This evaluation shall include a
traffic study that details average and peak traffic volume counts and details the use of South
City Council
Ordinance No.39,Series 2016
Page 18 of 31
Aspen Street in relation to the types of personal and commercial vehicles that are used in
both summer and winter conditions. Once complete, this study shall be submitted to the
Community Development Director for evaluation. This traffic study shall be considered
in tandem with the baseline traffic study that was required in subsection A above.
E. The City of Aspen shall engage in alternative snow plowing, snow storage, and snow
removal techniques that are proportional with the full commercial operation of the Gorsuch
Haus and Lift One Lodge developments. These techniques shall be documented and
logged. The City of Aspen,the Gorsuch Haus,and the Lift One Lodge shall evaluate these
techniques for their effectiveness to provide safe access to the lodge developments.
F. Should increased winter service maintenance to South Aspen Street not provide reasonably
safe access to the lodge developments, the City Council, at its discretion, shall consider,
and potentially implement,the use of alternative product applications and/or an alternative
traction surface to South Aspen Street using the evaluation outlined in subsection B above.
G. If it is found that a snowmelt system is the only mechanism to adequately and reasonably
respond to winter street conditions and associated traffic impacts from the lodge
developments, the City Council at a public meeting, using the information outlined above
and at their discretion, shall have the ability to require the Gorsuch Haus and the Lift One
Lodge, or assigns,to install a snowmelt system within South Aspen Street. The following
triggers shall also be used to evaluate this requirement:
o Unsafe conditions on South Aspen Street that do not allow the safe access of
vehicles to the approved lodge developments.
o Excessive City of Aspen cost overruns and environmental impacts due to the
increased service maintenance measures to South Aspen Street.
H. Should installation of a snowmelt system in South Aspen Street be determined to be
required according to the foregoing procedures,Lift One Lodge and Gorsuch Haus hereby
agree to each contribute one-third (1/3) of the cost for such installation, operations, and
maintenance. As Aspen Street is a public street, any contemplated snow melt system is
exempt from applicable REMP (Renewable Energy Mitigation Program) fees.
Section 31: Construction Sequencing
The Applicant has represented a general timeframe for the potential sequencing of construction
associated with development of the Gorsuch Haus,the Lift One Lodge,and the replacement of the
future Lift 1 ski lift. This representation is identified in a November 16, 2018 memorandum to
City of Aspen Staff and can be viewed in Exhibit C.
Section 32: Election
Pursuant to Section 5.5,of the Home Rule Charter for the City of Aspen, and Resolution No. 2,
Series of 2019, City Council refers this Ordinance No. 39 (Series of 2016)to the voters at the
next scheduled general election.
City Council
Ordinance No.39,Series 2016
Page 19 of 31
Section 33: School Lands Dedication and Impact Fees
The Applicant shall pay all impact fees and the school lands dedication assessed at the time of
building permit application submittal and paid at building permit issuance.
Section 34: Representations Preserved
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
City Council, are hereby incorporated in such plan development approvals and the same shall be
complied with as if fully set forth herein,unless amended by an authorized entity.
Section 35: Existing Litigation
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein
provided,and the same shall be conducted and concluded under such prior ordinances.
Section 36: Severability
If any section,subsection,sentence,clause,phrase,or portion of this ordinance is for any reason held
invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate,distinct and independent provision and shall not affect the validity of the remaining portions
thereof.
Section 37: TABOR
Except as set forth above in Section 26 with regard to the City's irrevocable pledge of cash reserves
toward cost-sharing of certain future improvements,none of the City's obligations hereunder shall
be construed to constitute a general obligation indebtedness or multiple year direct or indirect debt
or other financial obligation whatsoever within the meaning of the Constitution or laws of the State
of Colorado, and any financial obligations of the City pursuant to this Ordinance shall be
contingent upon annual appropriations by the City Council of the City of Aspen in accord with all
local government budgeting laws applicable to home rule municipalities within the state of
Colorado.
City Council
Ordinance No.39,Series 2016
Page 20 of 31
INTRODUCED,READ AT 1ST READING,AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 12th day of December,2016.
A4ai6dYaA'nmugjfity
Ap ved s to co tent•C/
Cler Steven Skad on,Mayor
REFERRED to the voters pursuant to Resolution #2, Series of 2019 this 7th day of January
2018.
A t:
Linda Manning,City Cl e lc Steven Skadro ,Mayor
Approved as to form:
mes R.True,City Attorney
Attachments:
Exhibit A - Site plan and elevations
Exhibit B - Dimensional standards
Exhibit C -November 16th, 2018 memo regarding construction sequencing
Exhibit D -Growth Management Mitigation Calculation
Exhibit E-Legal description
City Council
Ordinance No.39,Series 2016
Page 21 of 31
,
Exhibit A—Site Plan and elevations
SITE PLAN NOTES
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City Council
Ordinance No.39,Series 2016
Page 22 of 31
North elevation: Q Q Q Q Q Q Q Q Q
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City council
Ordinance No.39,Series 2016
Page 23 of 31
South elevation:
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City Council
Ordinance No.39,Series 2016
Page 24 of 31
Exhibit B—Dimensional Standards
Dimensions Lodge Zoning
Minimum lot size 44,545 (Lot 1)
Minimum net lot area NA
per dwelling unit
Minimum lot width +/-60 ft.
Front yard 5 ft.
Side yard 5 ft.
Rear yard 5 ft.
Maximum height 40 ft.
Floor area 64,023 sq.ft.
Lodging floor area 42,077 sq.ft.
Commercial floor area 7,730 sq.ft.
Multi-family floor area 8,633 sq.ft.
Affordable housing floor 1-1 bedroom
area
unit. 730 sq.
ft.
4 units. 1,500
sq.ft./per
Maximum multi-family unit. Up to
size cap 2,000 sq.
ft./per unit via
use of TDR's
Lodge 81 keys=41
Minimum spaces
off-street Residential 4 units=4
parking spaces
s aces
Commercial 7,730 sq ft. _
7.7 spaces
Public Amenity Space Minimum of
11,136 sq.ft.
City Council
Ordinance No.39, Series 2016
Page 25 of 31
Exhibit C—Constr-uction Sequencjng Representation
DESIGNO)I*,-I I, MEMORANDUM
Landscape Archite6tLfe
Planning To Jessica Garrow,Jennifer Phalen,Mike Kraemer
Urban Design and Ben Anderson
From Gorsuch Haus,Lift One Lodge,Aspen Skiing
120 East Alain Street Company
Aspen,co 81611 Dale November 16,2018
970-9258354
Project Name. Lift One Corridor
emw.des,g—orkshcp com Subject Approval Process,Construction Sequencing and
Ski Area Operations
Introduction
This statement of intent provides direction for the coordination and sequencing of the proposed Lift One Corridor Plan
including Lift One Lodge,Gorsuch Haus,City of Aspen parks and the replacement of Lift 1A These projects are
intertwined,necessitating that the sequential steps of construction and phasing be considered at the outset The
Stakeholder group is resolved to make the Lift One Corridor plan possible We propose a schedule that minimizes
skiing disruption and moves the project forward to a coordinated way We are confident that scheduling can be
resolved with careful planning and cooperative posture between the private and public projects The following reflects
the timeline ahead for the Lift One Corridor Vision
1. Detailed Plan Review and Final Development Plast Approvals
Following the public referendum to be scheduled in March 2019,the Detail Plan Reviews for the Lift One
Lodge and Gorsuch Haus projects with Planning and Zoning,Historic Preservation Commission and the
Colorado Passenger Tramway Safety Board will be coordinated,requiring an approval by each decision-
making body Final Development Plans and Development Agreements will be approved to complete the
projects land use process
2. Construction Documents and Building Permits
The Gorsuch Haus Lift One Lodge,Aspen Skiing Company.the Aspen Historical Society's Skier
Museum and the City of Aspen Parks will coordinate to complete the construction documents for the
planned improvements of the Lift One Corridor Vision The City Aspen Building Department review
period will occur period before the issuing of budding permits
3. Construction Start Date
Once all approvals have been achieved and the land comprising the corridor becomes available for
return skiing snow storage and snow making the projects will commence construction the following April
at the close of the ski season,with the Lift being removed at the latest date needed to commence
Gorsuch Haus site work.The total duration of construction for the Lodge developments will be between
24 and 28 months
4. Variables
There may be uncertainty as to the actual year construction would occur.In addition to construction to be
undertaken,there are other factors such as project financing,marketing,and logistical considerations
Acknowledging these factors have been accounted for,there remains risk that affect all projects with
either Public or Private sponsored.
City Council
Ordinance No.39,Series 2016
Page 26 of 31
3. Construction Sequencing
In past projects,there has been the need to coordinate operational aspects of protects at the base of
Aspen Mountain and generally there has been the ability to accomplish such efforts,without undue
stress if planned in advanced The driving factors for coordinated construction schedule include the
requirements of Aspen Skiing Company operations a desirable ski experience and minimizing
disturbance to skiing.Stakeholders in the Lift One Corridor Plan agree that starting the projects together
is the best method 10 reduce the impact to skiing and offers the ideal of one ski season interruption This
would allow earthwork.utilities,foundations.subgrade structures and exterior portions of the structures
to be built during a total of 20 months of construction.
The schedule below describes a method that could apply to any actual year Assuming an April start
date,following the end of a ski season,the Stakeholders envision the following sequence
• April Year 1:Earthwork,utilities foundations,subgrade structures and exterior portions of the
Lodge projects begin and the existing Lift 1A is removed.
• Winter Year 1 Lift 1A not in operation for the ski season
• Cate summer Year 2.Subterranean construction at Lift One Lodge and lift platform located
over the underground parking structure is completed Lift 1A replacement construction is
completed to resume operation by the upcoming ski season Construction of the skiway is
completed to allow return skiing to the new Lift 1A terminal Skier services and ski patrol
program construction will be complete and occupiable
• Fall Year 2:Public park improvements public roadways and the exterior portions of the lodge
developments are completed
• Winter Year 2:Skiing resumes on the 1A side of Aspen Mountain after 20 months of
construction.Lodge construction areas are fully fenced to allow construction to continue as the
skiing operations are underway Construction on both lodges would continue for the exterior
portions of the building and finishing of interior spaces When skiing returns.all Tramway Board
conditions will have been met
• Summer Year 3 Projected opening of the Lift One Corridor hotels Completion of final site
work The City of Aspen Parks and Skier Museum will also be completed
Alternatively there is a scenario upon building permit issuance where Lift One Lodge could begin earlier
With an early.independent start.existing Lift 1A would remain operational until such time that land
comprising the corridor becomes available skiing for return skiing to the replacement It terminal snow
storage and snow making At that time the existing lift would be removed and skiing would disrupted for
one ski season while full corridor construction continues
6. Completion Assurance
Financial assurance is addressed in the Land Use Code and the projects are expected to be influenced
comply with the relevant sections This provides appropriate assurances to the City that the projects are
prepared to proceed to completion.After obtaining project financing,lenders also insist on project
completion The Aspen Skiing Company is not willing to move the lift until there is reliance on the
developers ability to proceed through final construction In addition,the stakeholders are motivated to
complete the project in their own enlightened self-interest With almost 70 years of ski area operation
the Aspen Skiing Company is committed to an ongoing and secure future with the least disruption of
skiing and maintaining high-quality guest experience Other stakeholders have deep and long-term
City Council
Ordinance No.39,Series 2016
Page 27 of 31
commitments and a proven history in the Aspen community The Aspen Skiing Company and
stakeholders are willing to take a risk on a larger Corridor project and it is requested that City be willing
to allow that risk to proceed.
City Council
Ordinance No.39,Series 2016
Page 28 of 31
Exhibit D—Growth Management Mitigation Calculation
Average key size: 432 net livable square feet. 81 lodge keys x 0.6 (generation rate)
Lodge Use = 48.6 FTE's x .2639 (interpolated) = 12.83 FTE Lodge Use mitigation
requirement
4 Free Market units.
8,000 net livable square feet* .2319(interpolated)= 1,855 net livable square.
Free Market 1,855 net livable square feet/400(employee square foot conversion)_
Residential Use =4.64 FTE mitigation. **Employee generation review granted for a 4.64 FTE
credit. Free Market mitigation requirement=0.
Restaurant,apres ski bar, small retail=7,730 sq. ft.total net leasable square feet.
5,368 square feet above grade/ 1,000 square feet=5.37
2,362 square feet below grade/ 1,000 square feet=2.36
Commercial 5.37 above grade* 4.7FTE's=25.23FTE's
Use [25%reduction for subgrade commercial space x 4.7FTE's=3.525]2.36 below grade
x 3.525 FTE's=8.32 FTE's.
(25.23FTE's+8.32 FTE's)=33.55FTE's. 33.55FTE's x.2639(interpolated)
FTE Commercial mitigation requirement
Total Required 21.68 FTE,Category 4
Mitigation
*Special Review for Lodge Density has been granted and affordable housing mitigation incentives
are incorporated into the calculations above.
**based on an approved Alternative Employee Generation Review, an economy of scale of the
combined lodge/free-market project is achieved,and 4.64 FTEs are waived.
City Council
Ordinance No.39,Series 2016
Page 29 of 31
Exhibit E—Legal Description
The legal descriptions are as follows:
PARCEL 1: LOTS 1,2, 3,4,5,6,7, 8,9, 10, 11, 12, 13 AND 14, BLOCK 10,EAMES ADDITION TO
THE CITY OF ASPEN
PARCEL 2: LOTS 1,2,3,4,5,6 AND 7, BLOCK 12,EAMES ADDITION TO THE CITY OF ASPEN
PARCEL 3:A PARCEL OF LAND BEING A PORTION OF THAT PROPERTY DESCRIBED IN THE
DOCUMENT RECORDED JULY 15, 1985 AS RECEPTION NO. 156038 IN BOOK 270 AT PAGE 21
OF THE PITKIN COUNTY RECORDS AND THAT PROPERTY DESCRIBED IN THE DOCUMENT
RECORDED JULY 13, 1971 AS RECEPTION NO. 146439 IN BOOK 256 AT PAGE 506; SAID
PARCEL OF LAND ALSO BEING SITUATED IN GOVERNMENT LOT 1 IN SECTION 13,
TOWNSHIP 10 SOUTH,RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN; SAID
PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY BOUNDARY LINE OF BLOCK 10 EAMES
ADDITION TO THE CITY OF ASPEN, WHENCE THE NORTHEAST CORNER OF LOT 7 OF SAID
BLOCK 10 BEARS N.15046'58"E.A DISTANCE OF 41.96 FEET; SAID POINT ALSO BEING THE
SOUTHWEST CORNER OF CARIBOU CONDOMINIUMS,ACCORDING TO THE MAP THEREOF
RECORDED APRIL 24, 1973 IN PLAT BOOK 4 AT PAGE 379;THENCE S.70°03'10"E.ALONG
THE SOUTHERLY BOUNDARY LINE OF SAID CARIBOU CONDOMINIUMS A DISTANCE OF
1.01 FEET TO THE NORTHWEST CORNER OF MOUNTAIN QUEEN CONDOMINIUMS,
ACCORDING TO THE MAP THEREOF RECORDED SEPTEMBER 27, 1974 IN PLAT BOOK 4 AT
PAGE 489;THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE OF SAID CARIBOU
CONDOMINIUMS S.11 025'30"E.ALONG THE WESTERLY BOUNDARY LINE OF SAID
MOUNTAIN QUEEN CONDOMINIUMS A DISTANCE OF 110.77 FEET TO A POINT ON THE
SOUTH LINE OF SAID GOVERNMENT LOT 1;THENCE LEAVING SAID WESTERLY
BOUNDARY LINE OF SAID MOUNTAIN QUEEN CONDOMINIUMS S.89°55'06"W.ALONG SAID
SOUTH LINE OF SAID GOVERNMENT LOT 1 A DISTANCE OF 53.70 FEET TO A POINT ON
THE EASTERLY BOUNDARY LINE OF BLOCK 12 EAMES ADDITION TO THE CITY OF ASPEN;
THENCE LEAVING SAID SOUTH LINE OF SAID GOVERNMENT LOT 1 N.15°46'58"E.ALONG
THE EASTERLY BOUNDARY LINE OF SAID BLOCK 12 EAMES ADDITION A DISTANCE OF
5.21 FEET TO THE NORTHEAST CORNER OF SAID BLOCK 12 EAMES ADDITION, SAID POINT
ALSO BEING THE SOUTHEAST CORNER OF SUMMIT STREET RIGHT OF WAY;THENCE
CONTINUING N.15°46'58"E.ALONG THE EASTERLY LINE OF SAID RIGHT OF WAY A
DISTANCE OF 20.00 FEET TO THE SOUTHEAST CORNER OF SAID BLOCK 10 EAMES
ADDITION;THENCE CONTINUING N.15'46'58"E.ALONG THE EASTERLY BOUNDARY LINE
OF SAID BLOCK 10 EAMES ADDITION A DISTANCE OF 88.05 FEET TO THE POINT OF
BEGINNING. SAID PARCEL OF LAND CONTAINING 2,973 SQUARE FEET OR 0.068 ACRES,
MORE OR LESS.
PARCEL 4: A PARCEL OF LAND BEING A PORTION OF THAT PROPERTY DESCRIBED IN THE
DOCUMENT RECORDED DECEMBER 19, 1946 AS RECEPTION NO.094502 OF THE PITKIN
COUNTY RECORDS; SAID PARCEL OF LAND ALSO BEING SITUATED IN GOVERNMENT
LOT 31 IN SECTION 13,TOWNSHIP 10 SOUTH,RANGE 85 WEST OF THE SIXTH PRINCIPAL
MERIDIAN AS DESCRIBED BY THE DEPENDENT RESURVEY AND SURVEY PLAT OF
TOWNSHIP 10 SOUTH,RANGE 85 WEST, OF THE SIXTH PRINCIPAL MERIDIAN,FILED MAY
30, 1980 IN THE UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND
MANAGEMENT OFFICE IN DENVER,COLORADO("BLM PLAT"); SAID PARCEL OF LAND IS
LOCATED ENTIRELY WITHIN THE CITY LIMITS OF THE CITY OF ASPEN AND IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY BOUNDARY LINE OF MOUNTAIN QUEEN
CONDOMINIUMS,ACCORDING TO THE MAP THEREOF RECORDED SEPTEMBER 27, 1974 IN
PLAT BOOK 4 AT PAGE 489,WHENCE THE NORTHWEST CORNER OF SAID MOUNTAIN
QUEEN CONDOMINIUMS BEARS N.11°25'30"W.A DISTANCE OF 110.77 FEET;THENCE
City Council
Ordinance No.39,Series 2016
Page 30 of 31
S.11 025'30"E.ALONG SAID WESTERLY BOUNDARY LINE OF MOUNTAIN QUEEN
CONDOMINIUMS A DISTANCE OF 197.75 FEET;THENCE CONTINUING ALONG SAID
WESTERLY BOUNDARY LINE S.45000'00"W.A DISTANCE OF 6.42 FEET TO THE SOUTHWEST
CORNER OF SAID MOUNTAIN QUEEN CONDOMINIUMS;THENCE LEAVING SAID
WESTERLY BOUNDARY LINE S.45000'00"W.ALONG THE EAST LINE OF SAID
GOVERNMENT LOT 31 A DISTANCE OF 281.39 FEET TO A POINT ON THE SOUTHERLY
BOUNDARY LINE OF THE SOUTH ANNEXATION TO THE CITY OF ASPEN, COLO,
ACCORDING TO THE MAP THEREOF RECORDED MARCH 24, 1967 IN PLAT BOOK 3 AT PAGE
132;THENCE LEAVING SAID EAST LINE OF SAID GOVERNMENT LOT 31 N.70°37'00"W.
ALONG THE SOUTHERLY BOUNDARY LINE OF SAID SOUTH ANNEXATION TO THE CITY
OF ASPEN A DISTANCE OF 757.26 FEET TO A POINT ON THE WEST LINE OF SAID
GOVERNMENT LOT 31;THENCE N.14°40'13"E.A DISTANCE OF 35.71 FEET TO THE
SOUTHERLY MOST POINT OF GOVERNMENT LOT 38,ACCORDING TO SAID"BLM PLAT";
THENCE ALONG THE COMMON LINE BETWEEN SAID GOVERNMENT LOT 31 AND SAID
GOVERNMENT LOT 38 THE FOLLOWING TWO(2)COURSES:
1) N.38°38'25"E.A DISTANCE OF 72.34 FEET
2) N.45013'35"W.A DISTANCE OF 33.86 FEET;
THENCE LEAVING THE EAST LINE OF SAID GOVERNMENT LOT 38,CONTINUING ALONG
THE WEST LINE OF SAID GOVERNMENT LOT 31 N.14042'57"E.A DISTANCE OF 30.93 FEET
TO A POINT ON THE NORTH LINE OF THE SEIANE 1A OF SECTION 13,ALSO BEING A POINT
ON THE NORTH LINE OF SAID GOVERNMENT LOT 31;THENCE LEAVING SAID WEST LINE
OF SAID GOVERNMENT LOT 31 N.89055'06"E.ALONG THE NORTH LINE OF THE SEI/4NE1/4
OF SECTION 13,ALSO BEING THE NORTH LINE OF SAID GOVERNMENT LOT 31,A
DISTANCE OF 598.23 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF BLOCK 12,
EAMES ADDITION TO THE CITY OF ASPEN THENCE LEAVING SAID NORTH LINES
S.14050'49"W.ALONG THE WESTERLY BOUNDARY LINE OF SAID BLOCK 12 EAMES
ADDITION A DISTANCE OF 6.17 FEET TO THE SOUTHWEST CORNER OF SAID BLOCK 12
EAMES ADDITION;THENCE LEAVING SAID WESTERLY BOUNDARY LINE OF SAID BLOCK
12 EAMES ADDITION S.75009'11"E.ALONG THE SOUTHERLY BOUNDARY LINE OF SAID
BLOCK 12 EAMES ADDITIONS A DISTANCE OF 181.46 FEET TO THE SOUTHEAST CORNER
OF SAID BLOCK 12 EAMES ADDITION;THENCE N.15°46'58"E.ALONG THE EASTERLY
BOUNDARY LINE OF SAID BLOCK 12 EAMES ADDITION A DISTANCE OF 54.79 FEET TO A
POINT ON SAID NORTH LINE OF SAID SEIANE 1A OF SECTION 13, SAID POINT ALSO BEING
A POINT ON THE NORTH LINE OF SAID GOVERNMENT LOT 31;THENCE LEAVING SAID
EASTERLY BOUNDARY LINE OF SAID BLOCK 12 EAMES ADDITION N.89055'06"E.ALONG
THE NORTH LINE OF THE SEIANE 1A OF SECTION 13,ALSO BEING THE NORTH LINE OF
SAID GOVERNMENT LOT 31,A DISTANCE OF 53.70 FEET TO THE POINT OF BEGINNING.
SAID PARCEL OF LAND CONTAINING 240,375 SQUARE FEET OR 5.518 ACRES,MORE OR
LESS.
City Council
Ordinance No.39,Series 2016
Page 31 of 31