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HomeMy WebLinkAboutLOL Vested Rights Extension Application ExhibitsEXHI CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Hillary Seminick, 429.2741 DATE: 2017 April 03 PROJECT: Lift One Lodge, 710 + 720 S Aspen St. REPRESENTATIVE: Sunny Vann, Vann and Associates DESCRIPTION: The applicant would like to extend vested rights for a project that received approval through Ordinance 28, 2011. Council granted a vested rights extension in Resolution 41, Series 2015 for two years. Currently, the vested rights are set to expire November 28, 2018. The applicant is interested in an extension of vested rights as the replacement location for the existing Lift 1A is being contemplated. Lift One Lodge is a mixed lodging and residential project with accessory commercial near the base of Lift 1A on South Aspen Street. After the period of vested rights, current land use regulations become applicable to the project, unless an extension of vested rights is granted. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use Code: hftp://www.aspenpitkin.com/Departments/Community-Development/PIanning-and- Zon i ng/Title-26-Land-Use-Code/ Land Use Application: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%2OFees/2011 %20Hist oric%20La nd%20 Use%20APP%2OForm. pdf Commercial, Lodging, and Historic District Design Standards and Guidelines: hftps:Happ.box.com/s/wddyzggiei2wzr9imau5day9u6l h21cc Review by: Staff for complete application and recommendation, City Council for decision Public Hearing: Yes, City Council Planning Fees: $1,300 for up to 4 billable hours. Lesser/additional hours will be refunded or billed at a rate of $325 per hour. Referral Fees: NA Total Deposit: $1,300 ASLU 710/720 S Aspen St Lift One Lodge Planned Development and Subdivision Extension of Vested Rights To apply, submit 1 COpy of the following information: ❑ Completed Land Use Application and signed fee agreement. ❑ Pre -application Conference Summary (this document). ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (not older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ❑ Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ HOA Compliance form (Attached) ❑ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. ❑ Written responses to all review criteria. ❑ A written explanation of how the request complies with the review standards relevant to extension of vested rights. ❑ Copies of prior approvals. ❑ An 8 112" by 11" vicinity map locating the parcel within the City of Aspen. Once the application is determined to be complete, submit: ❑ A digital copy of the application. ❑ Total deposit for review of the application. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 2 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Property Address: 710 S ASPEN ST, ASPEN, CO 81611 1. Effective Date: 1* 20 t KI) yLR.7 [t Irit a i5 I 2. Policy to be Issued and Proposed Insured: "TBD" Commitment $0.00 N 27 9 Order Number: ABH62008290 Customer Ref -Loan No.: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: I_�7��.9ISI»q 4. Title to the estate or interest covered herein is at the effective date hereof vested in: LIFT ONE LODGE ASPEN LLC, A DELAWARE LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: LOTS 1 AND 2, LIFT ONE LODGE SUBDIVISION/PUD, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 5, 2013 AT RECEPTION NO. 597438 COUNTY OF PITKIN, STATE OF COLORADO. Copyright 2006-2017 American Land Tide Association. All Rights Reserved The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date It of use. All other uses are prohibited. Reprinted under license from the American Land Tide Association. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: ABH62008290 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: ABH62008290 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8. EXISTING LEASES AND TENANCIES. 9. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACTAND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN PATENT RECORDED AUGUST 26, 1949 IN BOOK 175 AT PAGE 2298. 10. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN CITY OF ASPEN ORDINANCE #28 (SERIES 2011) RECORDED JANUARY 10, 2012 UNDER RECEPTION NO. 585785. 11. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN DEVELOPMENT ORDER OF THE CITY OF ASPEN RECORDED JANUARY 18, 2012 UNDER RECEPTION NO. 555, AND AS AMENDED IN DEVELOPMENT ORDER -AMENDMENT #1, CITY OF ASPEN RECORDED AUGUST 21, 2012 UNDER RECEPTION NO. 591520. 12. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE FINAL PLAT OF LIFT ONE LODGE SUBDIVISION/PUD RECORDED MARCH 5, 2013 AT RECEPTION NO. 557438. 13. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN DEVELOPMENT AGREEMENT FOR LIFT ONE LODGE SUBDIVISION/PUD RECORDED MARCH 5, 2013 AT RECEPTION NO. 597439 AND FIRST AMENDMENT RECORDED DECEMBER 30, 2016 AT Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: ABH62008290 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: , RECEPTION NO. 635076. NOTE: LIFT ONE LODGE SUBDIVISION/PUD MAP WAS RECORDED MARCH 5, 2013 UNDER RECEPTION NO. 597441. 14. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN MASTER EASEMENT AGREEMENT RECORDED MARCH 5, 2013 AT RECEPTION NO. 597440. 15. CONDITIONS AS SET FORTH IN RESOLUTION NO. 14, SERIES OF 2010, RECORDED DECEMBER 17, 2010 UNDER RECEPTION NO. 575969. 16. CONDITIONS AS SET FORTH IN RESOLUTION NO. 41, SERIES OF 2015, RECORDED APRIL 21, 2015 UNDER RECEPTION NO. 619190. 17. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN DEVELOPMENT ORDER -AMENDMENT #2 RECORDED APRIL 27, 2015 UNDER RECEPTION NO. 619352. 18. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED AUGUST 18, 2015 AT RECEPTION NO. 622523. 19. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO 2 (SERIES OF 2016) RECORDED APRIL 21, 2016 AT RECEPTION NO. 628735. EXHIBIT b a a April 5, 2017 Ms. Jessica Garrow Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Garrow: Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of our application for an exten- sion of the vested rights for the Lift One Lodge Subdivision/PUD. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or require additional information, please do not hesitate to call. Yours truly, LIFT ONE LODGE ASPEN LLC Michael Brown, Authorized Representative 605 West Main Street, Suite 2 Aspen, CO 81611 (970) 544-4187 d: \e1dc\bus\ciry.Ltr\1tr63017. Jg 1 EXHIBIT ATTACHMENT 2 — LAND USE APPLICATION PROJECT: Name: es^tX Location: Parcel ID # (REQUIRED)L�`.„y���� APPLICANT: Name: Ci�%—ca4vdde �� fi�'i�S��?s�L �iG Address: Phone#: 49W REPRESENTIVATIVE: Name: `e–� ✓"Z�n�'�s7'_ Address: ��'•c 5� �/ / �7-� 7"� C� �`�� Phone#: Ha�u attached the following? FEES DUE: $ [32rPre-Application Conference Summary 62 Attachment #1, Signed Fee Agreement X04 M Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements – including Written Responses to Review Standards XA4 = 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. March, 2016 City of Apen 1 130 S. Galena St. 1 (970) 920 5050 GMQS Exemption Conceptual PUD =Temporary Use GMQS Allotment Final PUD (& PUD Amendment) Special Review Subdivision = Conceptual SPA ESA -8040 Greenline, Stream Subdivision Exemption (includes D Margin, Hallam Lake Bluff, Condominiumization) 0 Mountain View Plane Final SPA (&SPA 0 Commercial Design Review Lot Split Amendment) 0 Residential Design Variance (] Lot Line Adjustment Small Lodge Conversion/ 0 ' `V�d� Conditional Use SOOTA*9i%5 Expansion Other: Ha�u attached the following? FEES DUE: $ [32rPre-Application Conference Summary 62 Attachment #1, Signed Fee Agreement X04 M Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements – including Written Responses to Review Standards XA4 = 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. March, 2016 City of Apen 1 130 S. Galena St. 1 (970) 920 5050 Agreement to Pay Application Fees An agreement Detween the Lity or Aspen ('-city) anD Property Phone No.: 7 Owner ("I"): �C��`psN�� Emai Address of 7/O�IR�/IJ �7'la S,ofS.4cWtr/,Cj' Billing oo"Yy o'- -e', eg6ov Property:m � Address: -f�N (Subject of l (send bills here) application) C6 <"Pee:ee I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $. flat fee for $. flat fee for $. flat fee for $. flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it Is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no -payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. ao A $ /. � deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Property Owner: Jessica Garrow, AICP Community Development Director Name:�G City use: Title: Fees Due: $_Received $ �. l3fj?'y°r��jl� /QE{/�/�®rt,,.efi�%iI► March, 2016 City of Apen 1130 S. Galena St. 1(970) 920 5050 EXHIBIT Homeowner Association Compliance Pol All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) cerCrfying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the Property owner or Attomey representing the property owner. Property Name: Owner ("I°): Email:T QW Phone No.: Address of %/cam.sjljC/' 17V Property: (subject of '7 application) I cert fy as ows: (pick one) 11 This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: Owner printed name: or, date: Attorney signals / date: Z O� Attorney printed name: DA ti'i SohoSo�1) �lj Q (::W2-<— f ( 0 EXHIBIT 7 Pitkin County Mailing List of 300 Feet Radius From Parcel: 273513101001 on 04/05/2017 07KIN� COUNT Instructions: This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. Disclaimer: Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. Mineral estate ownership is not included in this mailing list. Pitkin County does not maintain a database of mineral estate owners. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. http:l/www.pitkinmapsandmore.com LIFT ONE LLC SKY BLUE LLC ANDERSON BRUCE J 24 LINDENWOOD LN 5743 CORSA AVE # 101 700 S MONARCH #207 LITTLETON, CO 80127 WESTLAKE VILLAGE, CA 91362 ASPEN, CO 81611-1854 BERHORST FAMILY REV TRUST 7161 LINDENMERE DR BLOOMFIELD HILLS, MI 48301 TYDEN FAMILY FARMS PTNP 970 SEGAR RD PITTSBURGH, PA 15243 LIFT ONE 105 LLC 7268 S TUCSON WY ENGLEWOOD, CO 80112 LU NANCY CHAO TRUST 15 ANSON RD HILLSBOROUGH. CA 94010 DOLINSEK JOSEPHINE 619 S MONARCH ST ASPEN, CO 81611 BAKER DANA B 200 CRESCENT CT #1450 DALLAS, TX 75201 TELEMARK ASPEN LLC 55 SECOND ST COLORADO SPRINGS, CO 80906 GM & MJ PROPERTIES LLC 1900 MYRTLE ISLAND DR LAS VEGAS, NV 89117 WHEELER CONNIE C 305 E 55TH ST #202 NEW YORK, NY 10022-4148 FAULKNER JOHN L 2433 ROCKINGHAM ST ARLINGTON, VA 22207 ABSOLUTE II LLC PO BOX 673 GAYLORD, MI 49734 GROOS NICHOLAS D 210 N INDUSTRIAL PARK RD HASTINGS, MI 49058 COSTANZA CHARLES & PHYLLIS K 88 HOWARD ST #2004 SAN FRANCISCO, CA 94105 MACDONALD KENNETH HUGH REV TRUST CHU FAMILY TRUST 44 W HANNUM 42 HILLSDALE DR SAGINAW, MI 48602 NEWPORT BEACH, CA 926604234 RINGSBY GRAY DOLINSEK JOHN 220 APUWAI ST 619 S MONARCH ST HAIKU, HI 967084821 ASPEN, CO 81611 FORD NOLA M TRUST ERICKSON CLAIRE L & BETTY LOU FLP 700 MONARCH ST #203 1231 INDUSTRIAL RD ASPEN, CO 81611 HUDSON, WI 54016 BAKER STEPHANIE IMREM SUE GORDON REVOC TRUST 200 CRESCENT CT #1450 1240 N LAKE SHORE DR #2713 DALLAS, TX 75201 CHICAGO, IL 60610 CJM INVESTMENTS LLC BRYAN HELEN 1340 W HENDERSON ST #2W 2011 LAKE SHORE DR CHICAGO, IL 60657 AUSTIN, TX 78746 HILLMAN RICHARD H TRUST TAROCH HOLDINGS LTD 13564 D ESTE DR 315 E HYMAN AVE #305 PACIFIC PALISADES, CA 902722718 ASPEN, CO 81611-2909 TELEMARK APT 2 LLC GLENOCK INVESTMENTS LLC 4950 E PRESERVE LN 400 E MAIN ST #2 GREEENWOOD VILLAGE, CO 80121 ASPEN, CO 81611 POLLOCK WILLIAM HARRISON WARGASKI ROBERT E TRUST VANDER WALL DEAN R & BEVERLY J 608 COLUMBIA RD 30353 N DOWELL RD PO BOX 189 MIDLAND, MI 48640 MCHENRY, IL 60050 LONE PINE, CA 93545 GOODMAN MARK SCHIFFMAN ROBIN FOUR JLM LLC 700 MONARCH ST #103 700 MONARCH ST #103 101 DESTIN LN ASPEN, CO 81611 ASPEN, CO 81611 RIVER RIDGE, LA 70123 CROW MARGERY K IMHOF FAMILY TRUST LACY ROANE M JR & ANN MINYARD 46103 HIGHWAY 6 2409 GREEN ST PO BOX 21625 GLENWOOD SPRINGS, CO 81601 SAN FRANCISCO, CA 94123 WACO, TX 76702 MCKENZIE BART B & PAIGE PARAVANO WAYNE TIMOTHY & JILL C EDH TRUST 4840 30TH ST N 965 PEARL ST 505 GREENWICH ST #9E ARLINGTON, VA 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WACHTMEISTER ERIK C R YOMAC MANAGEMENT LIMITED 318 PARAGON WY 6248 WHITEHALL FARM LN 410 GILES BLVD E CASTLE ROCK, CO 801089017 WARRENTON, VA 201877247 WINDSOR ONTARIO CANADA N9A4C6, EMERICK SHELLEY W SOLOMON GARY GRANDCHILDRENS TRUST GERBER ANDREW 2449 5TH ST 3139 N LINCOLN AVE #212 465 N MILL ST 15-102 BOULDER, CO 80304 CHICAGO, IL 60657 ASPEN, CO 81611 ASPEN SKIING COMPANY LLC S C JOHNSON AND SON INC JSI ASPEN LLC PO BOX 1248 1525 HOWE ST PO BOX 339 ASPEN, CO 81612 RACINE, WI 53403 SARASOTA, FL 34230 SCHAINUCK LEWIS I & MICHELLE T STANBROOK STEVEN & JUDY APRIL FAMILY TRUST 3235 HARBOR VIEW DR 3063 MICHIGAN BLVD 3501 S 154TH ST SAN DIEGO, CA 921062917 RACINE, WI 53402 WICHITA, KS 67232-9426 JAMES FAMILY TRUST ROBERT FAMILY TRUST STUART FAMILY TRUST 1 CASTLEWOOD CT 771 FERST DR 1 CASTLEWOOD CT NASHVILLE, TN 37215-4617 ATLANTA, GA 30332-0245 NASHVILLE, TN 37215 BILLINGSLEY BOYCE W TRUST ROMMA LLC SHINE FAMILY LLC 1206 N WALTON BLVD 15 CRESCENT ST 8677 LOGO 7 COURT BENTONVILLE, AR 72712 SAG HARBOR, NY 11963 INDIANAPOLIS, IN 46219-1430 YEN RESIDENCE LLC MOORE GARY W JR SHLESINGER JOSEPH 715 W MAIN ST #201 PO BOX 1219 333 BAY ST #640 ASPEN, CO 81611 CARBONDALE, CO 81623 TORONTO ON M5H 2R2 CANADA, WALBOHM SAMARA WEYMOUTH KATHARINE BUCHHEIT GERALD A BAY ADELAIDE CENTRE 3752 OLIVER ST NW 6210 OLD LAKE SHORE RD 333 BAY ST #640 WASHINGTON, DC 20015 LAKE VIEW , NY 14085 TORONTO ON M51-1 2112 CANADA, TUCKER TIMOTHY & PATRICIA OLSON PAUL S & DIANE C BROWN JAMES R JR 6420 STAUDER CIR 891 14TH ST #3501 195 HUDSON ST #413 EDINA, MN 55436 DENVER, CO 80202 NEW YORK, NY 10013 ELLERBECK FAMILY PTNRSHP LTD 11 BIEL ALEXANDER L ROTMAN KENNETH B 2101 WAUKEGAN RD #210 PO BOX 2424 22 ST CLAIR AVE EAST #1700 BANNOCKBURN, IL 60015 ASPEN, CO 81612 TORONTO ONTARIO CANADA M4T 2S3, SILVER QUEEN #10 LLC FRIEDKIN THOMAS H S SUSAN J KABERT INDUSTRIES INC 37 WARREN ST PO BOX 1116 PO BOX 6270 NEW YORK, NY 10007 RANCHO SANTA FE, CA 95067 VILLA PARK, IL 60181 MOUNTAIN VILLA TRUST LLC ESENJAY PETROLEUM CORP GRAY W CALVIN JR & CONSTANCE M 44 WOODCLIFF RD 500 N WATER ST #1100 SOUTH PO BOX 140 WELLESLEY, MA 02482 CORPUS CHRISTI, TX 78471 CENTREVILLE, MD 21617-0140 KELTNER DONALD H TRUST SHADOW MTN AERIE PTNRSHP LLP CAPTIVA SHADOW 9 LLC PO BOX 4129 21 BRIARCLIFF RD 220 WATER ST #331 ASPEN, CO 81612 LARCHMONT, NY 10538 BROOKLYN, NY 11201 GLOBAL FAMILY AFFAIRS LLC ELLIS JAMES BYRON ASPEN DOLOMITE ASSOC NO 6 LLC 3115 WHITE EAGLE DR 17 112 FLEET ST PO BOX 837 NAPERVILLE, IL 60564 MARINA DEL REY, CA 90292 VALLEY FORGE, PA 19482 GSJ CAPITAL LLC COPE SHADOW MOUNTAIN LP DOUGLAS ELIZABETH R REV TRUST W296 N2979 FRANCISCA RD N57 W30614 STEVENS RD 1717-13 S OCEAN BLVD PEWAUKEE, WI 53072 HARTLAND, WI 53029 POMPANO BEACH, FL 33062 ROCK JANET RYAN RYAN STANLEY H RYAN TOBIN M 1717-13 S OCEAN BLVD 1717-13 S OCEAN BLVD 1717-13 S OCEAN BLVD POMPANO BEACH, FL 33062 POMPANO BEACH, FL 33062 POMPANO BEACH, FL 33062 DOLOMITE 12 LLC CHETNER PARTNERSHIP LP SM45 2450 N LAKEVIEW AVE #9 2001010 8TH AVE SW 45000 S WOODLAND CHICAGO, IL 60614 CALGARY ALBERTA T2P 1J2, CHAGRIN FALLS, OH 44022 SPRING LANE INVESTMT LLC COLORADO 2012 TRUST SIMON HERBERT REV TRUST 8 OAK LAKE DR 2 LONGFELLOW LN 8765 PINE RIDGE DR BARRINGTON, IL 60010-5914 LITTLE ROCK, AR 72207 INDIANAPOLIS, IN 46260-1778 STRAWBRIDGE R STEWART NOREN GREGORY L NOREN JEFFREY L 3801 KENNETH PIKE STE B-100 11211 FONTHILL DR 11211 FONTHILL DR WILMINGTON, DE 19807 INDIANAPOLIS, IN 46236 INDIANAPOLIS, IN 46236 NOREN LARA L HARVEY JEFFREY STONE FAMILY TRUST 11211 FONTHILL DR 5825 S BLACKSTONE AVE #2 1 THROCKMORTON LN INDIANAPOLIS, IN 46236-8630 CHICAGO, IL 60637 MILL VALLEY, CA 94941 MEEPOS PENNY K LIV TRUST STANTON JAMES LOCHHEAD FAMILY TRUST 08/05/2009 2999 OVERLAND AVE #130 950 THIRD AVE 18TH FL PO BOX 1216 LOS ANGELES, CA 90064 NEW YORK, NY 10022 TEMPLETON, CA 934651216 ICAHN LIBA FREIRICH MARK A PASCO PROP COLORADO LLC PO BOX 11137 PO BOX 774056 360 SOUTHFIELD RD ASPEN, CO 81612-9627 STEAMBOAT SPRINGS, CO 80477 BIRMINGHAM, MI 48009 GOLDSMITH ADAM D SMITH RONA K LEONARD -PECK SHEILA KATHRYN PO BOX 9069 PO BOX 9069 PO BOX 375P ASPEN, CO 81612 ASPEN, CO 81612 VINEYARD HAVEN, MA 02568 BUSH STEVEN S ELDER TRUST CHIATE PROPERTIES LLC 0046 HEATHER LN PO BOX 308 18 CIBRIAN DR ASPEN, CO 81611 LA JOLLA, CA 92038-0308 BELVEDERE TIBURON, CA 94920 FJR PROPERTIES LLC MORADA VENTURES INC H2 ASPEN LLC PO BOX 1403 866 S DIXIE HIGHWAY 501 ALLIS RANCH RD VAIL, CO 81658 CORAL GABLES, FL 33146 SEDALIA, CO 80135 SCHERER ROBERT P TRUST JOHNSON KERRI & DEREK LUNDHOLM KERSTIN M 239 GILBERT ST 117 JUAN ST #1 115 JUAN ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 MORGAN MICHAEL L CHILES CHARLES DWIGHT III FLETCHER JAY R 115 JUAN ST 113 JUAN ST #3 111 JUAN ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 CHRISTENSEN CINDY DUNN STEVEN G JUAN STREET HOA 109 JUAN ST 107 JUAN ST 119 JUAN ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 CITY OF ASPEN MARUER JANIE K QPRT MAURER MICHAEL S QPRT 130 S GALENA ST 11550 N MERIDIAN ST #115 9245 N MERIDIAN ST #101 ASPEN, CO 81611 CARMEL, IN 46032 INDIANAPOLIS, IN 462601832 BARBEE MARY K LIV TRUST TOP OF MILL TH HOA SUMMIT PLACE CONDOS 625 SKYLINE DR 911 S MILL ST 750 S MILL ST CODY, WY 82414 ASPEN, CO 81611 ASPEN, CO 81611 TOP OF MILL INVESTMENTS LLC PETERSON CAPITAL PARTNERS LP 911 SOUTH MILL ST LLC 201 ST CHARLES AVE #4300 301 COMMERCE ST #3300 911 S MILL ST NEW ORLEANS, LA 70170 FORT WORTH, TX 76102 ASPEN, CO 81611 TOP OF MILL LLC WISEMAN ROBERT TENNANT CADER ANDREW 211 NORTH STADIUM #201 449 MOUNTAIN LAUREL DR #2 600 E MAIN ST #103 COLUMBIA, MO 65203 ASPEN, CO 81611 ASPEN, CO 81611 MOUNTAIN QUEEN CONDO ASSOC COMMON AREA 800 S MONARCH ST ASPEN, CO 81611 ASPEN MOUNTAIN TOWNHOUSES ASSOC 411 MEADOW CT BASALT, CO 81621 LIFT ONE CONDOMINIUM ASSOC 131 E DURANT AVE ASPEN, CO 81611 ASV ASPEN ST OWNER LLC 1 POST OFFICE SQ #3150 BOSTON, MA 021092109 700 MONARCH CONDO ASSOC 700 S MONARCH ST ASPEN, CO 81611 LIFT ONE LODGE ASPEN LLC 10880 WILSHIRE BLVD LOS ANGLES, CA 90024 ASPEN RESIDENCE CLUB & HOTEL CONDO 9002 SAN MARCO CT ORLANDO, FL 32819 TELEMARK CONDO ASSOC 611 S MONARCH ST ASPEN, CO 81611 CARIBOU CONDO ASSOC 701 S MONARCH ST ASPEN, CO 81611 MARK KENNETH A 10 KATH CT SAYVILLE, NY 117821537 SHADOW MOUNTAIN VILLAGE CONDO ASSC 809 S ASPEN ST ASPEN, CO 81611 315 EAST DEAN ASSOC INC 150 E 58TH ST 14TH FL NEW YORK, NY 10155 AZTEC CONDO ASSOC 601 S MONARCH ST ASPEN, CO 81612 CASCADE TOWNHOUSE VILLAS CONDO 239 GILBERT ST ASPEN, CO 81611 DOLOMITE VILLAS CONDO ASSOC COMMON AREA 650 S MONARCH ST ASPEN, CO 81611 SILVER SHADOW AKA 651 MONARCH COND- 651 MONARCH ASPEN, CO 81611 Pitkin County Mailing List of 300 Feet Radius From Parcel: 273513101002 on 04/05/2017 07KIN COUNT Instructions: This document contains a Mailing List formatted to be printed on Avery 5160 Labels. 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The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. http://www.pitkinmalpsandmore.com LIFT ONE LLC SKY BLUE LLC 24 LINDENWOOD LN 5743 CORSA AVE # 101 LITTLETON, CO 80127 WESTLAKE VILLAGE, CA 91362 FAULKNER JOHN L GROOS NICHOLAS D 2433 ROCKINGHAM ST 210 N INDUSTRIAL PARK RD ARLINGTON, VA 22207 HASTINGS, MI 49058 WEINGLASS GABRIELE PEPPER TRUST HATCHER HUGH S PO BOX 7816 205 E DURANT AVE APT 2E ASPEN, CO 81612 ASPEN, CO 81611 SCHAYER CHARLES M III LIFT ONE 105 LLC 2601 S QUEBEC ST #17 7268 S TUCSON WY DENVER, CO 80231 ENGLEWOOD, CO 80112 MACDONALD KENNETH HUGH REV TRUST CHU FAMILY TRUST 44 W HANNUM 42 HILLSDALE DR SAGINAW, MI 48602 NEWPORT BEACH, CA 926604234 GOLDREICH ELIZABETH & HILTON 2204 BRADBURY CT PLANO, TX 75093 DOLINSEK JOHN 619 S MONARCH ST ASPEN, CO 81611 UNIFIED CREDIT TRUST 300 S POINTE DR #2403 MIAMI BEACH, FL 33139 RINGSBY GRAY 220 APUWAI ST HAIKU, HI 967084821 DOLINSEK JOSEPHINE 619 S MONARCH ST ASPEN, CO 81611 LLOYD ZOE W EXEMPT TRUST PO BOX 1845 WILSON, WY 83014 ROARING FORK RIVER MANAGEMENT LLC IMREM SUE GORDON REVOC TRUST 1233 EDLIN PL 1240 N LAKE SHORE DR #27B MINNEAPOLIS, MN 55416 CHICAGO, IL 60610 TELEMARK ASPEN LLC BRIGHT GALEN 55 SECOND ST 205 E DURANT AVE #31) COLORADO SPRINGS, CO 80906 ASPEN, CO 81611 BERHORST FAMILY REV TRUST 7161 LINDENMERE DR BLOOMFIELD HILLS, MI 48301 TYDEN FAMILY FARMS PTNP 970 SEGAR RD PITTSBURGH, PA 15243 DONCER ASPEN LP 9651 W 196TH ST MOKENA, IL 60448 SHEFFER BARBARA PO BOX 2763 BASALT, CO 81621 LU NANCY CHAO TRUST 15 ANSON RD HILLSBOROUGH, CA 94010 LLOYD JAMES QTIP TRUST PO BOX 1845 WILSON, WY 83014 SPACCARELLI SELMA 1 300 S POINTE DR #2403 MIAMI BEACH, FL 33139 EVANS DAVID COURTNEY PO BOX 952 ASPEN, CO 81612 TRESTMAN EVAN F TRUST 111 VETERANS BLVD #1700 METAIRIE, LA 70005 CJM INVESTMENTS LLC 1340 W HENDERSON ST #2W CHICAGO, IL 60657 BRYAN HELEN KINGSBURY FAMILY TRUST ONEAL PROPERTIES LLC 2011 LAKE SHORE DR PO BOX 198 8100 E CAMELBACK RD #31 AUSTIN, TX 78746 HOLDERNESS, NH 03245 SCOTTSDALE, AZ 85251 TAROCH HOLDINGS LTD TELEMARK APT 2 LLC GLENOCK INVESTMENTS LLC 315 E HYMAN AVE #305 4950 E PRESERVE LN 400 E MAIN ST #2 ASPEN, CO 81611-2909 GREEENWOOD VILLAGE, CO 80121 ASPEN, CO 81611 KULLGREN NANCY A GILLUM ANNE VANDER WALL DEAN R & BEVERLY J 205 E DURANT AVE UNIT 2-C 205 E DURANT ST #1 B PO BOX 189 ASPEN, CO 81611 ASPEN, CO 81611 LONE PINE, CA 93545 AVERITT DON R PASCHALL BARBARA FOUR JLM LLC 6918 LUPTON 6918 LUPTON DR 101 DESTIN LN DALLAS, TX 75225 DALLAS, TX 75225 RIVER RIDGE, LA 70123 CROW MARGERY K IMHOF FAMILY TRUST SOUTH POINT CONDO LLC 46103 HIGHWAY 6 2409 GREEN ST 150 N MARKET GLENWOOD SPRINGS, CO 81601 SAN FRANCISCO, CA 94123 WICHITA, KS 67202 LACY ROANE M JR & ANN MINYARD MCKENZIE BART B & PAIGE PARAVANO WAYNE TIMOTHY & JILL C PO BOX 21625 4840 30TH ST N 965 PEARL ST WACO, TX 76702 ARLINGTON, VA 22207-2716 DENVER, CO 80203 EDH TRUST HILL EUGENE D B III & JOAN L TRUST JLH TRUST 505 GREENWICH ST #9E 505 GREENWICH ST #9E 505 GREENWICH ST #9E NEW YORK, NY 10013 NEW YORK, NY 10013 NEW YORK, NY 10013 LEVY HELEN JOAN TRUST SILVERMAN MARC & MARILYN BARNES ROBERT M 421 WARWICK RD 937 DALE RD 6445 SENECA RD KENILWORTH, IL 60043-1145 MEADOWBROOK, PA 19046 MISSION HILLS, KS 66208 BISSET KAREN I VISCONSI DOMINIC A JR ROBLES ENRIQUE ALVAREZ 6445 SENECA RD 30050 CHAGRIN BLVD #360 MONTE CHIMBORAZO 559-3 LOMAS DE CHAF MISSION HILLS, KS 66208 CLEVELAND, OH 44124 MEXICO DF 11000, WOODING PAMELA G THREE REEDS LLC ROARING FORK PROPERTIES 2601 SHELTINGHAM DR 2224 VIA SEVILLE RD NW N 9242 SOUTH SHORE DR WELLINGTON, FL 33414 ALBUQUERQUE, NM 871043096 EAST TROY, WI 55120 SPAULDING RICHARD W & THOMPSON ELE� PATERSON JOHN SOUTH POINT CONDO ASSOC 200 WHEELER RD FL 2 88 GRANGE RD SANDRINGHAM 205 E DURANT AVE #2F BURLINGTON, MA 018035501 MELBOURNE VICTORIA AUSTRALIA 3191, ASPEN, CO 81611 SCHAPIRO PATRICIA VANTONGEREN LIDIA ZEFF CAPITAL LP 1685 TAMARAC DR 2000 E 12TH AVE BOX 8 555 E DURANT AVE GOLDEN, CO 80401 DENVER, CO 80206 ASPEN, CO 81611 MAGES ELIZABETH J MAGES LAWRENCE M & MARY K GREINER JERRY M & TERESA U 216 LINDEN AVE 216 LINDEN AVE 323 HOLMECREST RD WILMETTE, IL 60091 WILMETTE, IL 60091 JENKINTOWN, PA 19046 SOUTH POINT 2J LLC WOW LIFT ONE LLC YOMAC MANAGEMENT LIMITED 15 S WILLOW CT 318 PARAGON WY 410 GILES BLVD E ASPEN, CO 81611 CASTLE ROCK, CO 801089017 WINDSOR ONTARIO CANADA N9A4C6, EMERICK SHELLEY W GERBER ANDREW ASPEN SKIING COMPANY LLC 2449 5TH ST 465 N MILL ST 15-102 PO BOX 1248 BOULDER, CO 80304 ASPEN, CO 81611 ASPEN, CO 81612 JSl ASPEN LLC YEN RESIDENCE LLC MOORE GARY W JR PO BOX 339 715 W MAIN ST #201 PO BOX 1219 SARASOTA, FL 34230 ASPEN, CO 81611 CARBONDALE, CO 81623 TUCKER TIMOTHY & PATRICIA BROWN JAMES R JR BIEL ALEXANDER L 6420 STAUDER CIR 195 HUDSON ST #413 PO BOX 2424 EDINA, MN 55436 NEW YORK, NY 10013 ASPEN, CO 81612 ROTMAN KENNETH B SILVER QUEEN #10 LLC KABERT INDUSTRIES INC 22 ST CLAIR AVE EAST #1700 37 WARREN ST PO BOX 6270 TORONTO ONTARIO CANADA M4T 2S3, NEW YORK, NY 10007 VILLA PARK, IL 60181 SHADOW MTN AERIE PTNRSHP LLP CAPTIVA SHADOW 9 LLC ELLIS JAMES BYRON 21 BRIARCLIFF RD 220 WATER ST #331 17112 FLEET ST LARCHMONT, NY 10538 BROOKLYN, NY 11201 MARINA DEL REY, CA 90292 GSJ CAPITAL LLC COPE SHADOW MOUNTAIN LP DOUGLAS ELIZABETH R REV TRUST W296 N2979 FRANCISCA RD N57 W30614 STEVENS RD 1717-13 S OCEAN BLVD PEWAUKEE, WI 53072 HARTLAND, WI 53029 POMPANO BEACH, FL 33062 ROCK JANET RYAN RYAN STANLEY H RYAN TOBIN M 1717-13 S OCEAN BLVD 1717-13 S OCEAN BLVD 1717-13 S OCEAN BLVD POMPANO BEACH, FL 33062 POMPANO BEACH, FL 33062 POMPANO BEACH, FL 33062 SM -15 SPRING LANE INVESTMT LLC STRAWBRIDGE R STEWART 45000 S WOODLAND 8 OAK LAKE DR 3801 KENNETH PIKE STE B-100 CHAGRIN FALLS, OH 44022 BARRINGTON, IL 60010-5914 WILMINGTON, DE 19807 NOREN GREGORY L NOREN JEFFREY L NOREN LARA L 11211 FONTHILL DR 11211 FONTHILL DR 11211 FONTHILL DR INDIANAPOLIS, IN 46236 INDIANAPOLIS, IN 46236 INDIANAPOLIS, IN 46236-8630 HARVEY JEFFREY STONE FAMILY TRUST MEEPOS PENNY K LIV TRUST 5825 S BLACKSTONE AVE #2 1 THROCKMORTON LN 2999 OVERLAND AVE #130 CHICAGO, IL 60637 MILL VALLEY, CA 94941 LOS ANGELES, CA 90064 STANTON JAMES LOCHHEAD FAMILY TRUST 08/05/2009 ICAHN LIBA 950 THIRD AVE 18TH FL PO BOX 1216 PO BOX 11137 NEW YORK, NY 10022 TEMPLETON, CA 934651216 ASPEN, CO 81612-9627 FREIRICH MARK A PASCO PROP COLORADO LLC GOLDSMITH ADAM D PO BOX 774056 360 SOUTHFIELD RD PO BOX 9069 STEAMBOAT SPRINGS, CO 80477 BIRMINGHAM, MI 48009 ASPEN, CO 81612 SMITH RONA K LEONARD -PECK SHEILA KATHRYN BUSH STEVEN S PO BOX 9069 PO BOX 375P 0046 HEATHER LN ASPEN, CO 81612 VINEYARD HAVEN, MA 02568 ASPEN, CO 81611 ELDER TRUST CHIATE PROPERTIES LLC FJR PROPERTIES LLC PO BOX 308 18 CIBRIAN DR PO BOX 1403 LA JOLLA, CA 92038-0308 BELVEDERE TIBURON, CA 94920 VAIL, CO 81658 MORADA VENTURES INC H2 ASPEN LLC SCHERER ROBERT P TRUST 866 S DIXIE HIGHWAY 501 ALLIS RANCH RD 239 GILBERT ST CORAL GABLES, FL 33146 SEDALIA, CO 80135 ASPEN, CO 81611 JOHNSON KERRI & DEREK LUNDHOLM KERSTIN M MORGAN MICHAEL L 117 JUAN ST #1 115 JUAN ST 115 JUAN ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 CHILES CHARLES DWIGHT [II FLETCHER JAY R CHRISTENSEN CINDY 113 JUAN ST #3 111 JUAN ST 109 JUAN ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 DUNN STEVEN G 107 JUAN ST ASPEN, CO 81611 BARBEE MARY K LN TRUST 625 SKYLINE DR CODY, WY 82414 AZTEC CONDO ASSOC 601 S MONARCH ST ASPEN, CO 81612 CASCADE TOWNHOUSE VILLAS CONDO 239 GILBERT ST ASPEN, CO 81611 MARK KENNETH A 10 KATH CT SAYVILLE, NY 117821537 JUAN STREET HOA 119 JUAN ST ASPEN, CO 81611 ASPEN MOUNTAIN TOWNHOUSES ASSOC 411 MEADOW CT BASALT, CO 81621 LIFT ONE CONDOMINIUM ASSOC 131 E DURANT AVE ASPEN, CO 81611 ASV ASPEN ST OWNER LLC 1 POST OFFICE SO #3150 BOSTON, MA 021092109 SHADOW MOUNTAIN VILLAGE CONDO ASSC 809 S ASPEN ST ASPEN, CO 81611 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 TELEMARK CONDO ASSOC 611 S MONARCH ST ASPEN, CO 81611 CARIBOU CONDO ASSOC 701 S MONARCH ST ASPEN, CO 81611 SOUTH POINT CONDO ASSOC 205 E DURANT AVE #3D ASPEN, CO 81611 SILVER SHADOW AKA 651 MONARCH COND, 651 MONARCH ASPEN, CO 81611 LIFT ONE LODGE ASPEN LLC CHART HOUSE PROJECT OWNER LLC DANCING BEAR RES CONDO ASSOC 10880 WILSHIRE BLVD 0115 BOOMERANG RD #52018 411 S MONARCH ST LOS ANGLES, CA 90024 ASPEN, CO 81611 ASPEN, CO 81612 EXHIBIT RECEPTION#: ORDINANCE NO. 28 09:46:33 AM, LL (SERIES OF 2011) 1 OF 37, R $19 ORDINANCE Janice K. Vos Caudill, Pitkin County AN ORDINANCE OF 'I= CITY OF ASPEN CITY COUNCIL GRANTING FINAL PLANNED UNIT DEVELOPMENT APPROVAL, SUBDIVISION APPROVAL, REZONING APPROVAL, FINAL TIMESHARE APPROVAL, GROWTH MANAGEMENT APPROVALS, APPROVAL OF RIGHT-OF-WAY VACATIONS, APPROVAL OF ASSOCIATED LAND USE REVIEWS, AND AUTHORIZING ISSUANCE OF A DEVELOPMENT ORDER FOR A SITE SPECIFIC DEVELOPMENT PLAN FOR THE LOT ONE LODGE SUBDIVISION/PLANNED UNIT DEVELOPMENT LOCATED ON PROPERTY COMMONLY KNOWN AS 233 GILBERT STREET, 710 SOUTH ASPEN STREET, 720 SOUTH ASPEN STREET, WILLOUGHBY PARR AND LIFT ONE PARK, CITY OF ASPEN, PITIGN COUNTY, . COLORADO. ParcelID: 2735-131-1 U-51, 2735-131-210-01, 2735-131210-02, 2735-131-198~51, 2735-131-190-01 WHEREAS, the Community Development Department received an application for the _ Lift One Lodge Subdivision/PUD (the Application) from Roaring Fork Mountain Lodge - Aspen, LLC (Applicant), represented by Sunny Vann of Vann Associates, and with consent from the City of Aspen and the Historical Society of Aspen, for the following land use review approvals: • Final Planned Unit Development, pursuant to Land Use Code Chapter 26.445. • Final Timeshare, pursuant to Land Use Code Chapter 26.590. • Subdivision, pursuant to Land Use Code Chapter 26.480. • Amendment to the Zone District Map, pursuant to Land Use Code Chapter 26.310. • Growth Management Review — Replacement of Existing Commercial and Lodge Development, pursuant to Land Use Code Chapter 26.470. • Growth Management Review — Replacement of Demolished Multi Family Units, pursuant to Land Use Code Chapter 26.470. • Growth Management Review - Incentive Lodge Development, pursuant to Land Use Code Chapter 26.470. • Growth Management. Review -- Essential Public Facility, pursuant to Land Use Code Chapter 26.470. • Growth Management Review - Affordable Housing, pursuant to Land Use Code Chapter 26.470. • Special Review for Average Lodge Unit Size: An application for Special Review to consider the average lodge unit size, pursuant to Land Use Code Chapter 26.430. • Conditional Use for Restaurant and Bar, pursuant to Land Use Code Chapter 26.425. - • Conditional Use for Dormitory Units, pursuant to Land Use Code Chapter 26.425. • Mountain View Plane Review, pursuant to Section 26.435.050. • Condominiumization, pursuant to Land Use Code Section 26.480.090. Ordinance No. 28, Series 2011. Page I of 37 .�^• J i• .:..,':. '^,i, •� .. � _,t •. :.,;fir ' ':•;:.. +.. . is«: ..�.. :.-a. • .�'::'.� ..� M k. ..a .r �t� . 'x. �N:.yY,a r:G'...0 :4 ii'...'i:::?i•..f.:Htin�.f..h''rt•::?:f.�}�gti•.i..w.�...`G r.•a.l....-�-.f::iRm'�:fi':-.i�..y.i:y/}..A`J� Y�.ar.•::3�':`�i:rt'ro.::..%:%:v:isl'Y�.+�...�.......why.'ssr�'SP.•Y�..r�it4'.�1.1.:...e�..riftwr.L{.:.,•t=?in:'t:�tieti4...."f. �' L..'. .. • Commercial Design Review, pursuant to Land Use Code Section 26.412. • Right -of -Way Vacations, pursuant to C.R.S. 43-2-303 for certain streets, easements, and alleyways within the project site. • Extended Vested Rights, pursuant to Land Use Code Chapter 26.308, for a 10 -year period. and, WHEREAS, all code citation references are to the City of Aspen Land Use Code iti effect on the day of initial application - November 24, 2006, as applicable to this Project; and, -" 'WHEREAS, the subject Properties are commonly known as Willoughby Park, Lift One Park, 233 Gilbert Street, 710 South Aspen Street, and 720 South Aspen Street, City of Aspen, Colorado, and as mole fully described in Exhibit A, attached hereto; and, WHEREAS, the Application for the Lift One Lodge Subdivisiow?UD proposes: On Lot 1- Lift One Lodge: • A multi -stogy structure consisting of 22 timeshare lodging units divided into one-eighth (1/8) interests with a total of 176 owner. interests. With "lock -off' capability, the 22 units represent a total of 84 keys. • 5 free-market residential units. • A sub -grade parking garage with no more than 155 parking spaces, 50 of which — dedicated for public use as replacement of lost parking on South Aspen Street and the current Willoughby Park surface parking. 105 spaces are for .lodge, coihiiicrcial, residential, dormitory, and other uses associated with the lodge. • Subgrade utility infrastructure including a ground -source heat system. • A public restaurant and apres ski area. — • Fitness facilities. Lodge guest facilities. _ 0 Public access.and ski easements. • Ski area operations On Lot 2 - Skiers Chalet Steakhouse: • A relocated and rehabilitated Skier Chalet Steakhouse building containing housing for 16 employees u18 dormitory -style units. _ • Subgrade utility infrastructure including a ground -source heat system. Ott Lot 3 -- Lift One Park: • A public park. • One lift tower of the historic Lift One apparatus. 0 Underground parking (part of the subsurface parking garage on Lot 1) • Subgrade foundations and structural support systems, and utility infrastructure including a ground -source heat system. • Public access and ski easements. • Ski area operations OrdinanceNo. 28, Series 2011. Page 2 of 37 t'14111rr,:t -, xilr..+,.?�:c ...._ .. e+ .�i5:.;_ .w�3.�L:'•_%ate 'tt+.'..,...{.....•x +c �' . f.••ctr:_...._..'°'h•.Kr�i'2<=ti-i....NG.:'t='�. , .'�3.",= � ..i:=i3.�;'7i'.a .Y§i l^5=1. v;-. , ....�w..-X.t.IL'':�z t ..... tri . >r: �....fi...J'.,.- .• t'�S +'1Jn... On Loi 4 -- Willoughba; Park: • A public park. • A relocated and rehabilitated Skier Chalet Lodge and pool house buildings containing — Historical Society Museum. • The historic Lift One terminal and wheelhouse. • A. skier drop off area. • Underground utility systems, inclusive of a ground -source heat system • Public access and easements • Ski area operations ; and, WHEREAS, pursuant to Section 26.445, Planned Unit Development, and. Section 26.590, Timeshare Development, a Conceptual approval must be granted by the Aspen City Council Prior to Final Review and was granted by the Aspen City Council via Resolution No. 52, Series of 2009; and, WHEREAS, pursuant to Section 26.415.070.D., Certificate of Appropriateness for Major Development, of the Land Use Code, Final approval may be granted by tho -Historic Preservation Cominission (HPC) at a duly noticed public hearing and was gran. led for the review of Willoughby Park, Lift 1 Park, and Skier's Chalet Steakhouse by the HPC on November 10, _ 2006, via Resolution No 14, Series of 2010, WHEREAS, the Community Development Department received referral comanents from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Fire Protection District, Environmental Health Department, Parks Department, Parking Department , Aspen/Pitkin County Housing Authority, Public Works Department, and the Transportation Department as a result of the Development -Review Committee meeting; and, WHEREAS, pursuant to Section 26.470.040.C.7, Affordable Housing, of the Laird Use Code, a recommendation from the Aspen/Pitkin County Housing Authority is requited_. and a recommendation for approval by the board was provided at their March 2, 2011, regular meeting; and, WHEREAS, said referral agencies and. the Aspen Community Development Department reviewed the proposed Final PUD and Final Timeshare and recommended approval with conditions; and, WHEREAS, pursuant- to Chapter 26.445 of the Land Use Code, Final PUD approval may be -granted by the City Council at a duly noticed public -hearing after considering recommendations by the planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Chapter 26.480 of the Land Use Code, Subdivision approval may be granted by the City Council at a duly noticed public hearing after considering recommendations 'by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Chapter 26.310 of the Land Use Code, an amendment to• the Official Zone District Map (Rezoning) may be granted by the City Council at a duly - noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, Ordinance No. 28, Series 201.1. Page 3 of 37 a<. ter.. _ ^w• -c>.w" ?'i�.':` «+?.lrM%i�.4i�7�i•Ms r• �- -r`: tum.. _ .,...�"� .... Y.e::i:'a`. >; i._ . a. . .�.,•.r. � ...c iii: f•?�':'. `'�;:%f":Cfi..r•` . �G .. •.r 7t�irs C�a.'`.� A . « �. �.... e'^ •'i • `r'. 5:''.. . ri.l �. 4:+� tt � .. rtv � ✓` :�. a. . Yta. � � . _ . � ........... _.. .-:+r,;. ..� �� S. �,. r. .. .a< _ �`'L:. t . _.. T�;Y? ... ...:-;.,,.....v`r... (�. ...�. t.. :-. ., x-+. 7�.et�.'..5.�,L .?'. r.,c.. ..:'J J<<.: w`J'. a:r.+�a..�th✓.. }v� �. WHEREAS, pursuant to Chapter 26.590 of the Land Use Code, Final Timeshare approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, *.the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Chapter 26.304, Common Development Review Procedures, and Section 26.304.0603.4, Modification of Review .Procedures, all other necessary land use reviews, as identified herein, have been combined. to be considered by the City Council at ' -a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and; WHEREAS, such combination of review procedures was done to ensure :clarity of review; was accomplished with all required public noticing provided as evidenced by.. an affidavit of -public noticing submitted to the record, and the public was provided a thorough and full — review of the proposed development; and, WHEREAS, the Planning and Zoning Commission reviewed the Application dialing multiple public hearings in which the recommendations of the Community Development Director and comments from the public were requested and heard by the Planning and "Zoning Commission; and, WHEREAS, during a regular meeting on June 7, 2011, the Planning and Zoning Commission opened a duly noticed public hearing, considered the Application, received presentation from the Applicant including information in Power Point and physical* model forms, -- considered the continents and recommendations of -the Community Development. Director, considered comments and recommendations of other members of City staff; considered comments and suggestions offered by members of the public, considered questions and responses by staff or the Applicant, considered comments and discussion by Commission members, and continued the public hearing to June 14, 2011, June 21, 2011, July 5, 2011, July 19,. 2011., August 2, 201.1, August 2, 2011, and August 23, 2011 at which Bearings additional presentations, reconunendations, information, questions and answers, public comments acid suggestions, and Commission discussion occurred; and, WHEREAS, during a regular meeting on August 23, 2011, the Planning and zoning Commission opened a duly noticed public hearing to consider the Application, found the Project meeting or .exceeding all applicable• development review standards, and recommended City Council approve the Lift One Lodge Subdivision/PUD Application and all necessary laird use reviews, as identified herein, by a four to three (4-3) vote, with the recommended. conditions of approval listed hereinafter; and, WHEREAS, the Aspen City Council finds that the streets, alleyways and easements to be vacated by this Ordinance, as identified in Section 1.2, which are adjacent to land owned by the Applicant, are not owned in fee by the City, are no longer necessary for any public -purpose and, as of this determination, will.no longer be in use for public purposes. Furthermore, the: Aspen :City Council finds that it is in the best interest of the City to vacate the streets, alleyways aiid. easements identified in Section 1..2 in furtherance of the public benefits associated with the -development proposal approved hereby, including the private land areas to be dedicated or devoted •to :.public purposes and community benel ts. This Ordinance constitutes a vacation ordinance as . described and required by the provisions of C.R.S. 43-2-303(l)(a). The vacations shall be.* effecti'te upon — recordation of the plat as described in Section 1.2; and, WHEREAS, the Aspen. City Council has reviewed and considered the development proposal under.the applicable provisions of the Municipal Code as identified herein, opened -a duly Ordinance No. 28, Series 2011. Page 4 of 37 C3' -.Y.:. .'i.:'rA•� �s�. .s:; - .;w s..; .1" •� - fu ..�. ��..': .. u.-:}� '..� ^y' P.`. s:•i .. "i"�•:: .�;: s•.. �.f, t. `�{'+:� _sh�7s+_..t:t!. .. ..h.M �:i•>,.'r'st,... �:,F:--sG-^-....��J2::a"3>�.'::rl:::^acr.�...43.r. ._.. .. w2.rk:d'�`h-a�: ^i:tc'e: ::e=Gi.....I'rw-',..:'f%F ...-..l �•ti:.+:y:?N•�.Neo-..•i„�.!'R�:�y..r:i�ire:J.i-��7:s_.�J.i'`i.tic �.^.7..+.+'*.'LWi.%;5�...�,.+.4:•i.;:�r�:tl..S:: >...�T.�'riiY?:•'•.InYS�: rM�R!..{�� �: noticed public; hearing, considered the Application, received presentation from the Applicant including information in Power Point and physical model forms, considered the comments and recommendations of the Community Development Director, considered comments and recommendations from other members of City staff and referral agencies, considered comments and recommendations of the City of Aspen: Planning'. and Zoning Commission, considered comments and suggestions offered by members of the public, considered question responses by staff and the Applicant, considered comments; and discussion by fellow Council members; and, WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all applicable development standards of all applicable land use reviews, as identified herein, with conditions, and that the approval is consistent with the goals and elements of the 2000 Aspen Atea Community Plan; and, WHEREAS, the Aspen City Council finds that this ordinance flu thers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, RE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, as follows: The Lift One Lodge Subdivision/.PUD Final Planned Unit Development is hereby granted all necessary land use approvals -including Subdivision approval, Rezoning approval, Final Timeshare approval, Growth Management approvals, approval of all .associated land use reviews cited herein. The vacation of the streets, alleyways and easements as described in Section 1.2 pursuant to C.R.S. 43-2.302(i)(a) is hereby approved and a Development Order for a Site Specific Development Plan for the t.ift One Lodge Subdivision/PUD, subject to conditions of approval listed herein is hereby issued. Section I. -. Lift One Lodae Subdivision/PUD Plat, Street. A11eyway and Easement Vacation Plat,_ & Finan FUD Plans Within one year following the date off nail approval by the City Council, the record owners of the underlying .lands shall prepare and submit a Subdivision Plat, Sheet Alleyway and Easement Vacation Plat, and Final -PUD Plans .for the Lift One Lodge Subdivision/PUD to be reviewed to ensure tach item and condition of approval is documented to the satisfaction of the Community Developmerit Director, the City Engineer, and the City Attorney prior to .final signatures by the Mayor and recordation. 1.1 A Subdivision Plat that subdivides the land into the following parcels, as depicted on the Proposed Subdivision Map, attached as Exhibit B. Litt One Subdivision/PUD Lot 1: Lift One Lodge Lift One Subdivision/PUD Lot 2: Skiers Chalet Steak House Lift One Subdivision/PUD Lot 3: Lift One Park Lith One Subdivision/PUD Lot 4: Willoughby Park & Ski Museum The Subdivision Plat shall grant certain perpetual easements as follows: a. A easement to the Aspen Skiing Company, the City of Aspen, and the Roaring Fork- Mountain orkMountain Lodge — Aspen, LLC, or successors and assigns, through Lots 1., 3, and 4 for purposes of constructing, operating, and maintaining a surface lift and other associated improvements necessary for uploading skiers from Willoughby Park to a point south of Lot 1 such that a skier could access Lift 1 A or a relocated Lift IA. Ordinance No. 28, Series 201 1. Page 5 of 37 ': - -i •.i:• . t/� ... ...:: ... ..... ... t ... ... .. w. ...� .. .. -.. i. '•'v4`. �1_.. ..t.. 4.V.t1:: '-y. ..:G., .... •T4 t tt r ..i • r4 'S'% •Ki.:'":' t��'• 4 �'S'n rcti' `'moi•% •Z'�•~. _..�e."a..G1....;�•n�....r..:!s1.� .J.sJ.n....-e.t_.. ..,....._.;r�rJ�."..ae�.-.i ...<..:..,s«_...;.Y�•ca..li-.s•.�..Y�....}...e.:�w.. ...-:. ....r_�:�•.il';:• '.:-!iE>;i..s .._.....,,,...,�f,S;�:�3,�.i::JLZy.`;r �':tJ?=�::r�:•:.or•u:�.. o v •;:i:'.-::", ....z;`i?2Z`r".r .9e:� _.r..:;s. N.. ii: _ b. An easement granted to the Aspen Skiing' Company, the City of Aspen, and the Roaring Fork Mountain Lodge — Aspen, LLC, or successors and assigns, through_Lots 1, 3, and 4 for purposes of constructing, operating, and maintaining a skiing corridor and associated improvements and operations necessary for skiing, including creating and maintaining acceptable snow surface conditions for skiing. c. A perpetual public pedestrian access easement through the center portion of Lot 1 proximate to the auto court and through the southerly portion of Lot 2- allowing access to and from South Aspen Street, Lift One Park, and Willoughby Park. d. A perpetual public recreation, access, and maintenance easement through Lots 1, 3, and 4, including those sections of former Gilbert and HiII Street public rights-of-way directly north and south of Lift One Park, allowing continuous access from Willoughby Park through Lift One Park and through the portion of Lot 1 directly south of Lift One Park. e. A perpetual subsurface easement beneath Lot 3, Lift One Park, and a portion of the Gilbert Street right-of-way for the use and benefit of the Lift One Lodge Project for purposes of constructing, accessing, operating, using, and maintaining a below grade parking garage and other lodge facilities, foundations and structural support systems, and utility infrastructure including a ground source heat system. f. A perpetual subsurface easement beneath Lots I and 3 for the use and benefit of the general public for purposes of accessing and using portions of the parking garage allocated for public use and subject to reasonable restrictions, limitations, and usage fees _ as outlined in the Lift One Lodge Parking Garage Operations Plan, as may be amended from time to time. _ g. A six-foot wide "no -build" and maintenance easement on the surface of the property along the east and west property boundaries of Lot 3 and along the western property boundary of Lot 4 for the purposes -of -accommodating Rrfficient fire protection and fire code compliance for the proposed improvements on Lot 1 and Lot 2 and to accommodate the periodic maintenance of same. h. A perpetual snow storage easement along the western edge of Lots 1, 2, and 4 for the purposes of accommodating snow storage -from street plowing. The easement is only needed in locations where the planting buffer between the street curb and the sidewalk is located on private property. 1.2 A Street, Alleyway and Easement Vacation/Dedication Plat that accomplishes the following changes to public rights-of-way as depicted on the -Proposed Street Vacation/Dedication Map, attached as Exhibit C: a. Vacation of the eastern 37.5 feet of South Aspen Street from the centerline of the Hill Street right-of-way north to the southern edge of the Deane Street right-of-way. b. Dedication to public right -of way an area within -the northwest portion of Lot 4, Willoughby Park, associated with they, proposed turn -around and drop-off area at the corner of South Aspen and Deane Stteet. 'The final design and exact dimensions of this dedication shall be as depicted and described in the Subdivision Plat. c. Vacation of the northern 25 feet .of Hill Street east of the South Aspen Street 'right -of way to the eastern boundary of the Eames Addition. That portion of vacated Hill Street Ordinance .No. 28, Series 2011. Page 6 of 37 -q,: ---•:. �..•....-:•. -.e' ••.r. •• may.. •ewr ...} ^•Lac ''.xr .Y--: .�z• !xi.:• : s, k'. r .rr ^: J Y. •• Li• ¢. ; .. •• � - •..t'•41 .,.aT� ' . �?....-_a;'.�• r.�•:Yzt�. ��:^•.�' 3?�lil%q.%`P�.'...ryA.�-7.�5';Ls.£'i. _..A....a- ..� ........✓.+.L.a.•._.r.:.ict+- � .. r, ..1......... . . t •....Le.;�?c2s:Pcw:ra_ rl\'l�:r.*%"J:t:•»rx!s.*t.'.'c.u...c Y.•i�.: tL7H.�a7. �` ii�2l:A::'•s� _ .•t�...� i.�... �.ry� ;4\.�-_.Yr_.:'2..truv-.?.t!�n ..:. L�%3t't���.S ..�'XZA�Y'i �`.ti:^lat%ic: r.�:%!, i abutting proposed Lot 3 shall be conveyed by the City of Aspen to the Applicant to be incorporated into proposed Lot 1. d. Vacation of the remaining dedicated portions of the alleyway of Block 9, Eames Addition. e. Vacation of a Utility and Alleyway Easement encumbering the eastern 10 feet of Lot 2 Block 9, Eames Addition, recorded at Book 203, Page 375. £ Vacation or extinguishment of an easement for skiing purposes assigned to the City of Aspen in connection with the conveyance of Lift One Park which affects Parcel B g. Vacation of Gilbert Street from the eastern edge of the South Aspen Street right-of-way east to a line extending south from the boundary between Lots 11 and 12 -of Block 8 and connecting to the boundary between Lots 3 and 4 of Block 9, Eames Addition. h. Vacation of Juan Street east of the South Aspen Street right-of-way to the eastern boundary of the Eames Addition. -- i. Vacation of the alleyway of Block 8, Earles Addition. That portion of the vacated alleyway .abutting proposed Lot 1 shall be conveyed by the Applicant to the City to be incorporated into proposed Lot 4. j. Vacation of the alleyway of Block 7, Eames Addition. k. Vacation or extinguishment of an easement for skiing purposes assigned to the City by -- the Aspen Skiing Company in connection with the conveyance of Lift One Park which affects a portion of Parcel B (part of proposed Lot 1). 1.3 A Final FUD Development Plan Set that includes: a. An illustrative site plan showing .the layout of planned improvements as depicted in attached Exhibit D. b. An architectural character plan showing the massing, fenestration, and materials of each building as generally depicted in attached Exhibit E. e. Dimensioned drawings of all buildings proposed within the project showing .dimensions for all zoning parameters in graphic and tabular format. Project dimensions approved for the project are as described in Exhibit F. Heights of building shall be in substantial conformance with those depicted in attached Exhibit G. d. An exterior lighting plan meeting the City's outdoor lighting limitations. e. Illustrative plans for the reconstruction of South Aspen Street and for that . section of Deane Street right: -of -way between the South Aspen Street and South Monarch Street. The PIan shall be coordinated %ith the City of Aspen Community Developn eni`, Parks, and Engineering Departments. All of the $250,000 allocated to*"- Deane' Street improvements by Ordinance No. 32, Series of 2005 (the Chart House contribution) shall be allocated by the City .for the design and implementation of these improve ne` nts: The skier drop off area planned for the intersection of Deane and South Aspen.Streets shall be Option 2 of Exhibit 4 of the civil plan supplemental to the application submitted May 5, 2011, prepared by SGM Engineering and attached hereto as Exhibit H. The' design for South Aspen Street north of Deane Street shall be Option 2 of Exhibit 2 of the civil plan supplemental to the application submitted May 5, 2011, prepared by SGM Engineering and attached hereto as Exhibit H. Ordinance No. 28, Series 2011. Page 7 of 37 •�.y.. .. Mt;.i...r 'r t ..... -. r.<1"-• r.,.. 1.: ..�.y �. .. ...f... .. S•t- "., 4'-. •a..•n..._.... -i•�... :i r• �. �:.'�.. `:1:• };.y'• :M1'a .:N::f Lh'r-^:�',.G:•'U:: i y::-`c�L�y�:.-:-5^e-a"Y.•:'Fn: ui•vti-yr...7 iJl V'1�.»• .•.i. w.`cF:'%1.N.: L:S. .w.....f*:.t'ax..;�%4...�•�'S%.'trMr:.�:t�J.�.!.t..'�•-:'�%..I•: Y.: L•.:h:. •:�Ci.•_,:s.'n�.ra.�.isif�.......,w:.•�.':..^,'1....:..n�......a..._cu:;-s...:z)^.....u...rx...ii:'Z�ir•rr.k+....�.deY....a.....���...1...,..exr'AS....'i...:u... ...ia�.x...c�:....-.,-.._.. _...'Cc�4".C�,s..>. .. wat.'..�. ��i�.�. ._. ;�.. f. A Master Utility Plan including profiles and sections acceptable to the City Engineer and the City of Aspen Utilities Department. Some modification of the proposed location of dry utilities may be necessary to avoid over digging of adjacent properties and to avoid access lids within sidewalks. g. A Drainage Plan and report that. complies with the City's Urban Runoff Management Plan. Pursuant to review by the City Engineer, the initial drainage concept appears to comply. In addition to site drainage; the project will have to address street drainage. The project proposes to change the hydraulics and capacity of Aspen Street's drainage system. Therefore, the project will be required to install curb, gutter and other drainage control features (such as inlets and. -piping) on both sides of the street. (Also see infrastructure -investment recapture• provisions of sections 3.1, 3.2, and 3.3 .) Because the enhanced sanding method for maintaining Aspen street in winter months will have negative impacts on street runoff water quality, the City .Engineer will require additional water quality mitigation efforts that comply with the Urban Runoff _ Management Plan. The project will need to provide plans for water quality treatnient of Aspen Street runoff. The proposed island off of Deane Street and the bulb outs on South Aspen Street may be potential locations for -water quality improveinents as determined acceptable by the City Engineer and City of Aspen Parks Department. h. An Interpolated Natural Grade Plan. i. A Tree Removal and Mitigation Plan j. A Landscape Plan for each of the four lots. The landscape plans should be reviewed and approved by The Parks Department with a required signature on the Landscape sheets. To the extent practical, planting strips within the -right-of-way should provide 5 feet or more in width between the back of -curb and the edge of the sidewalk. Planting strips should be designed with 4 feet -of good quality topsoil and growing media. The Applicant will be required to use structural soils where a non -compacted continuous root zone cannot be provided. These sails will be required within the City rights-of-way and/or as may be required on the private properly. Structural Soils are applicable in situations where tree rooting potential is insufficient in designated planter areas adjacent to sidewalks. Spacing and type of tree must be coordinated with the Parks Departinent. Sidewalks shall be designed and built in a manner that reduces the impact to existing trees and roots systems. All sidewalks located within the drip line of trees to be saved shall be built on grade -in a manner that allows for the sub -grade prep and sidewalk to float over the roots preventing any excavation into the soil, All work in protection zones is to be accomplished by handwork only, without -.machines. Plantings within the City .right-of- way must be approved by the City Parks Department. All plantings along the edge of private property and the City ROW should be of size and species which will ndt require major maintenance, pruning, or trimming due to over growth. Tree lighting electrical conduits must comply with City of Aspen standards; The landscape plans shall include provision of irrigation connections that provide adequate pressure and coverage, for landscaped areas of the right-of-way and- the two public parks. The City shall be provided adequate access to maintain and control irrigation of the two public parks. The Development Agreement shall address Ordinance No. 28, Series 2011. Page 8 of 37 !.1 - .. (. ...0 atm-• �• f--�•'.r\.ti - - "i Sr- iaj :•/. .i r1"f. . yin... •:..%,••a :'•CS t'• ' S�: •c: ,�•:i, :': S� v.:rL f .. ..L '.�^{*x,. •ilf?=,a�n^c%4`w 4iri' _ rS-9 d Y a�'M ��.'•:'.?i:�•L!:'f.'{•!i:�� ..:K"•. •it:='•`:..�::i'.':n�5}'i::S�."Y.i'-+�.r.:iS:'C:iii��l�j'�..::Si7!:�b:`�-...,c.....i :Y'..:::.`: Ji::t:aP.0 .'l •.. ..',4.o...a.:►:::«::•GCG �;..."i.YixT::.^z�.,t iY,nY:.`..�c'2ks�::,:atr...:: r:i ,... '!vt.- ✓. a=•:'t?..: �C...M JK.,. .. �a� ...-LI.::L n, .::ta maintenance, control, and .responsibilities for the irrigation for these two parks to the satisfaction of the Parks Department. k. A plan for a stub and manifold for an additional zone of the sidewalk snowmelt system to accommodate a future snow' neat system for that section of South Aspen Street between Durant Street and Deane Street acceptable to the City Engineer. Section 2: Rezoning Contemporaneously with and effective upon. the recording of the Subdivision and Street Vacation. Plats the Lots within this Subdivision, as described above and reflected in the Subdivision Plat, shall be zoned as follows: Lot 1: Lodge, Planned Unit Development (L -PUD) Lot 2: Lodge, Planned Unit Development, Historic (L -PUD -H) Lot 3: Public, Planned Unit Development, Historic (P -PUD -H) Lot 4: Public, Planned Unit Development, Historic (P -PUD -H) _ Section 3: Development Agreement Contemporaneously with the recording of the Subdivision and Street Vacation Plats, the record owners of the lands within the Lift One Lodge Subdivision/PUD shall prepare, execute and record a Development Agreement meeting the requirements of Section 26.445.070.0 to be reviewed to ensure each item and condition of approval is documented to the satisfaction of the Community Development Director, the City -Engineer, and the City Attorney prior to final -signatures by the Mayor and recordation. The Development Agreement shall set forth a description of the proposed improvements and obligations of the parties, including the following: 3.1 The reconstruction of South Aspen Stiect,. Deane Street, and associated sidewalks, curbing and drainage improvements as depicted in the Final PUD Plans. * The Development Agreement shall include a provision that the City shall require that in the event property owners adjacent to improved portions of South Aspen Street seek irmproveindfits - to: • their property such property owners shall be responsible for their prorata share of the:cost of the unprovements associated with this section and such costs shall be reimbursed to 'the Applicant prior to the adjacent property owner receiving their building permit. Thi `prorata share shall be further defined in the Development Agreement but generally will be based upon linear feet of frontage along South Aspen Street as compared to the total amoiunt of property frontage along South Aspen Street. The City of Aspen as owner of property aloing South Aspen Street shall not .be subject to this reimbursement as their prorata share- shall be borne by the Applicant. The reconstruction shall include implementation of the initial infrastnicture needed to add a snowmelt system for South Aspen Street between Durant Street and Deane Street consisting of a stub and manifold within the sidewalk snowmelt system allowing for a future zone to be added at the discretion of the City. 3.2 The- installation and/or relocation of all utilities depicted and described in the Master:Utility Plan of the Final PUD Plans. The Development Agreement shall include a provision that the City shall require that in the event property owners adjacent to improved portions of South Aspen Street seek improvements to their property such property owners shall be responsible Ordinance No. 28, Series 2011. Page 9 of 37 e .. . e... ;./ »sY .. ,v• .....r •: _. rw -� .I1, .:..•.: .......-:..•..y.....;,:'�: .... .•.. �:i _•�. .. pc ..y..: s � iii•.. y¢.tr• . - 9, � ...9 1.,T �;.. - k w r• 3 h.• •'K. '.cZ.. :� �., r.y ,: n" :..i;:.^ .w•'.. .... .._..a^."' ..Y F_-..•+ .. E-. ^J7••i1" +'� �..r :.Y i. S: S. o` i.. ,. ..� r� .t �.:•...-r:". ti�,.•�=4a �-r i-. ..:+ti_.•t�.'r.'�'.?"rSna...3....sr.�e:'.±rti.s,.d.NAL._.'sr..•>'!•-;r•r.n...�..a-:.?.e?.�. "'c.._...4',,..X .na ..�a:':4:E�ayL.,.c..7�. •:..:.�.v:..a.. �1•.� tn. ....�-=.+i•7t•, :C...�-..s7;%n,_ T•.,.. •. .-�r..,..:�:'_=,-_. •r........ �ti:�..s.•:.."�. sX.� ve^;:d=;:'.i::r._.-.. y,:..:3•..xr.....st..... rk. r ...t,.:.• for their prorata share of the cost of the improvements associated with this section and such costs shall be reimbursed to the Applicant prior to the adjacent property owner receiving, their building permit. The prorata share shall be further defined in the Development Agreement but generally will be based upon linear feet of frontage along South Aspen Street as compared to the total amount of property frontage along South Aspen Street, The City of Aspen as owner of property along South Aspen Street shall not be subject to this reimbursement as their prorata share shall be borne by the Applicant. 3.3 The installation of all drainage_facilities-depicted and described on the Drainage Plan of the _ Firial PUD Plans. The Development Agreement shall include a provision that the City shall require that in the event property owners adjacent to improved portions of. South Aspen Street seek improvements to their property" such property owners shall be responsible for their prorata share of the cost of the improvements associated with -this section and such costs shall be reimbursed to the Applicant. priori to the adjacent• property owner receiving their building permit. The prorata share shall. be further defined in the Development Agreement but genet -ally will be based upon linear feet of frontage along South Aspen Street as compared to the total amount of property.frdntage along South Aspen Street. The City of Aspen as owner of property along South ,Aspen Street shall not be subject to this reimbursement as their prorata share shall be borne by the Applicant. 3.4 Identification of all Iublic improvements to be subject to Section 3.15 Financial Assurance and Performance Bond. This shall incltid,& provision of $62,000 for purchase and outfitting a sanding truck for the City of Aspen dedicated for South Aspen Street winter maintenance and a lump sum payment of $20,000 for the ari ival provision of special sanding material. 3.5 An agreement to provide a public locker facility. The facility shall have a mix of 40 day lockers, 50 seasonal lockers and 40•slioe cubbies all in no less than 900 square feet with direct access to the ski corridor as 'repi-esented in the Final PUD Application. The seasonal lockers shall be made available to the general public free of charge on a •seasonal basis via a valley --wide lottery and daily lockers and cubbies on a first come, fiitt served basis. The seasonal locker -rental agreements shall prohibit -assignment and subrental. 3.6 An agreement to provide a dedicated maintenancelstoraae facility of up to 290 square feet within the parking garage for the use by the City of Aspen Parks Department for the storage of triaintenance vehicles used for maintenance of parks facilities located within the central area of Aspen. 3.7 A Modified Historical Society Ski Museum Lease Agreement between the Historical Society and the City of Aspen is contemplated, with- approval from the City Attorney's Office and the Parks Department. The lease agreement will be modified to include an operations pian clearly indentifying and describing the leased areas. within Willoughby Park and general operating characteristics of the tnuseum including typical operation, special events, outdoor uses, outdoor displayslexlubits, permitting responsibilities, and maintenance responsibilities of the grounds. The operations plan shall describe public access to the museum, and limits thereto, and provide flexibility for insignificant changes from time to time. The operations plan shall recognize and permit public access to all exterior areas of Willoughby Park, excluding exterior areas restricted for safety, security, or similar considerations, and shall permit pedestrian and skiing access in and through these exterior areas. The operations plan shall specify expectations and responsibilities regarding Ordinance No. 28, Series 2011. Page 10 of 37 ..�.. .S.'�-' ..SS.r .iY.Sk... �^:LlF,':L'_.._...-...�So:�s:YS�kti:•ir.•... �.l��r.as?-�=�:.''A�...�;C�'•� ...e:&�tS;v _ •..3.-.^.•y):,c`� �.!-"�:�.•.e ate, ::,`.�-"':-.-� .C.: ir.>r �:'t.. . �fi+� . �.c:i.&r f.Ns:4 o..iC"X wt^........y".5.'.'... ;.c.'.r. r.;�i.:',i2r�t'�i•r?.....ch9wY,�.i•:7r�•:r..7'.i. ..aC.;�=K �SJ.,.b:t�+; v; — maintenance of improvements and the grounds, including irrigation, and shall include enforcement provisions and remedies. The operations plan shall permit occasional changes to the operating characteristics of the property and the responsibilities of the parties by — approval of the City Manager and the Historical Society Director. If the Manager and the Director cannot agree, the changes shall be forwarded to the Aspen City Council for resolution. Failure to agree on an operations pian shall not unreasonably restrict the Applicant from proceeding with -finalizing other required documents or proceeding with other aspects of the development plans. If necessary, this provision may be amended to be finalized prior to issuance of a Certificate of Occupancy on the museum building located in -Willoughby Park. 3.8 •A Skiing & Snow Surface Conditioning and. Maintenance Agreement between the Applicant and- the City of Aspen to regularly groom and maintain the snow conditions in the surface lift corridor from Willoughby Park to the -Lift 1A terminal. The agreement shall allow a third party operator to provide this service. This agreement may include operational provisions and usage limitations for safety and functional reasons. This agreement shall not prohibit the making, moving, spreading, and grooming of this area and preparing of an artificial snow base in the ski and surface lift corridor in accord with typical annual snowmaking, terrain opening logistics, and mountain operations. 3.9 A final Transportation Management Plan, approved by the Transportation Director. The conceptual plan is acceptable, as outlined in the April 27, 2011, TDA Traffic Analysis in the TDM section on pages 22 and 23. The following changes are required: a. Provision of a Lift One Lodge Garage Operations Plan for the 50 public parking spaces including pricing, entry/exit technology, residential permit distribution and monitoring, carpool parking distribution and monitoring, enforcement and special event usage. Staff requests the designated parking spaces for carshare and carpool uses be combined to a pool of I I TDM -related parking spaces that can be utilized .for either use as determined appropriate by the City Parking Director every two years during the first 10 years. For example these spaces could become 3 carshare spaces and eight carpool spaces or whichever combination is deemed appropriate at that time. b. A reporting requirement every two years .for the first 10 years to include garage usage trends and TDM program participation. At- each two-year cycle, elements of the Plan may be changed as needed and as acceptable to the City Transportation Director and the Applicant. 3.10 Timeshare and Transfer Disclosure Documents. An agreement to incorporate the requirements and restrictions of the City's Timeshare Regulations into the final timeshare instruments, including State requirements, provisions for reserve funds for ongoing maintenance, prohibited practices and uses, limits on marketing techniques, a prohibition against long-term storage of owner vehicles, and prohibitions on offering non -Aspen gifts within a marketing plan. Real estate transfer documents shall include disclosure of the firture construction, operation, and maintenance of a surface lift uploading skiers from Willoughby Park to a point south of Lot I through the easement described in Section l.La, above, and in the recorded Subdivision Plat. Ordinance No. 28, Series 2011. Page I 1 of 37 ':r" :•r.'• '.e.•• 'l:: � 1. ,.. ,.. -r y. ill^ .<`.: ...r-.'. '°i... .'v"J :cG�•:: \- :r Y. � �<. • - :p::::`. vi..:=,.•..i<::.• +a Cii�:fL�.S`-:.•.—�_w.'f:'<'s��idsie.... J?:.,..r1':^a. .af` .-.:.'.1.. wfi�tK•:•1�r.7.!M+22��—.3:^: J:K...n: +l.s[! L�ti:....:ti.:._•R:"^l7%a [�ii3"9Y..: tr. -i:fr .:.iC:t.:.�3., ..;,'°.tl!-f ..'t..�'�o a 'i: cr ��'.s _... �:''^ ...r.<.. .lti+..... ���(!�t'e't. +. '7.�.. S.. aw.}.. V•:.- ...J'•..o't4:.w. N,•�...�.SS....nlr..�.?r.�..'4�:..d....-Uhf..i';r"7-�v..:fwY:..r'i�x17C�...��.�.'n..T. II...r.��'.:L..S.7rV�...., Real estate transfer documents shall include disclosure of the future construction, operation, and maintenance of a skiing corridor and associated improvements and operations necessary for skiing, including creating and maintaining acceptable snow surface conditions for skiing through the easement described in Section 1. Lb, above, and til the recorded Subdivision Plat. Real estate transfer documents shall include disclosure of the public rental requirement for time spans not utilized by owners as cited below in section 3.12 and as included in the Condominium Declaration. 3.11 Occupancy report. After the third and -fifth years of lodge operation the Applicant shall be required to provide an occupancy report. The report shall include occupancy rates by month, season, and year and by type of occupant (i.e. owner or general public). This report shall be submitted to the Community Developinent Director and shall be nude available to the Planning and Zoning Commission and the City Council. 3.12 A public rental requirement assuring that unused lodge rooms will be available to the general public at market rates so as to encourage their rental. Such rental requirement shall be documented in the Lift One Lodge Condominium Declaration' and shall contain a provision that this requitement cannot be eliminated from the Condominium Declaration without approval from the City of Aspen City Council. 3.13 A plan for dormitory, operations. including: the following:: a. A statement by the Applicant that the deed restriction and subsequent rental rate restrictions are being provided voluntarily by the Applicant. b. The template lease for the on-site dormitory units must be reviewed by APCHA along with the initial rental amount as it is not staffed -in the Guidelines. Once the rental amount is set and stated in the recorded deed restriction; the rent may increase annually by the lesser of 3% or the Consumer Price Index, as.such index is stated in the APCHA Guidelines. c. The donnitory units must 'be rented to qualified employees within Pitkin County and must _ be qualified through APCHA prion to occupancy. If the oNvner is unable to fill the units with employees of the deveiopirient, then the units shall be leased to other qualified employees. The owner must provide signed leases to APCHA within five days of both parties' sigmatures. The leases shall be"far at least a six-month period of time. d. The owner/operator of the dormitory units must provide and maintain the following amenities for use by the tenants: a common laundry facility in the basement area; eight reserved parking spaces within the Lift One Lodge parking garage; sixteen storage twits (one for each resident) in the basement area; a fully functional kitchen and common area. e. The ongoing maintenance and upkeep of the dormitory units. f Paid memberships to the car -to -go program for dormitory residents for the first 5 }fears of operation of Lift One Lodge. 3.14 An Employee Generation Audit and Reconciliation. The Applicant shall agree to submit an employee generation audit two years after operations have commenced and reconcile any difference in actual additional employees and mitigated employees. The agreement shall require mitigation of additional employees be provided through the provision of housing units within the Urban Growth Boundary including "buy -downs", the provision of cash -in - Ordinance No. 28. Serles.2011. Page 12 of 37 ..s:Z:i::�wr;i�,r.:'::su�i':•ash!M..is�s:�t�:,�:.�':::i:�:c-:�zy:`�.`r+'" •� -4. •=v'- - _:.�-: 3: .�.v:��`.f�i.'Y.�.lt.'rS"o;Z/•�t.. .9�:��r4r`.t�'::�ifn.:'.Y _✓}:!:iL .r'�.+y �.,y.. •i; �: �..--:±'.�s _ - 1.i:'i='• �. r�7tiYt`eS' roC,'J,e: :.:..,.�_ r � } �., µ� t. <. r. -.;. �.0 . _�,. .3u.V?Fi:... fi.,.�s�..�.:: S��?i'w�-3.i�;3k':akMv_:?...iila�%.''nf..ww:%i�.;i?�.�Ys��.w �•.:�at�'�y.�'i�..:�!a-�:': lieu at the rate applicable on the date of payment, the provision of employee mitigation credits for extinguishment, or a combination thereof. The Applicant shall agree that the City may revoke the Certificate of Occupancy for Lift One — Lodge as a remedy if after proper notice. and. remedy -to cure the Applicant fails to provide required additional mitigation within a reasonable timeframe or other such remedies as identified in the Development Agreement. Credit for actual additional employees being less than mitigated shall be reconciled by City issuance of employee mitigation credits in the amount of overage. 3.15 Financial Assurances & Performance Bond. The Development Ageement shall include the Applicant's commitment and agreement that before a Building Permit is issued for the Lift One Lodge on Lot #1, the Applicant shall provide to the Community Development Director and the City Attorney for review and approval satisfactory evidence that the Applicant has in place sufficient financing to accomplish and complete the construction of the development, including all public improvements required under the Development Agreement .and covered by the Building Permit. Such financing may include, 'Without Iimitation, a construction loan from an institutional lender or lenders and equity capital investments from the Applicant and/or third party investors. Supporting cost estimates for all improvements covered by the requested Building Permit shall be prepared by the Applicant's Oeneral Contractor, The Applicant shall further commit and agree that before a Building Permit is issued for the Lift One Lodge on Lot 1, the Applicant shall provide to the Community Development Director and the City Attorney for review a copy of a Performance and Payment Bond. issued or. committed to be issued to the Applicant's General Contractor by an institutional surety _ company. The Perforniance and Payment Bond shall name the Applicant as the beneficiary or insured thereunder to grant them. a direct right of action under the Performance and Payment Bond in order to construct or finish public improvements, and to complete the construction of the improvements covered by the Bond. Separately, the Applicant shall provide the City of Aspen with - an assignment of its rights under the Performance and Payment Bond. 3.16 Site Protection Fund. The Development Agreement shall include the Applicant's commitment and agreement that before a Building Permit is issued for the Lift One Lodge on Lot 1, the Applicant will deposit with a title compahy ("Escrow Agent") the sum of $100,000 in the form of cash or wired funds (the "Escrow Funds") and will execute an Escrow Agreement and Instructions with the Escrow Agent which recites and agrees as follows: In the event construction work on Lift One Lodge on Lot #1 shall cease for sixty (60) days or longer (`work stoppage') without a cure of such work stoppage after fifteen days (1 5)* days notice by the City and such work stoppage not being a result of any event of force majeure, prior to a final inspection by the City of the work authorized by the Foundation/Striictural Frame Permit on the Project, then the City in its discretion may draw upon the Escrow Funds from time to time as needed For purposes of protecting and securing the Project site and improvements from damage by the elements and/or from trespass by unauthorized persons, and' for purposes of improving the Project site to a safe condition such that it does not become an attractive nuisance or otherwise pose •a threat -to neighbors or other persons. The Ordinance No. 28, Sdries 2011. Page 13 of 37 <-`-�:i�•6�i:;���5.'v�`:+5=:3`C".::nP;�t1?��SSx;tirF_a^?.FylJii�'3.isr�r�,?�i`�.'^:Ji'�.ti.'+a.�":�r.::=•:y=�'.`i:v:}.C'::�n1: �.:.'.. :r -:.1Y1�f;�:i^'.::.NWVy�S!F:�'1."-.tiK:....il";'.tww"c::usra�.� ,y..tt.7: 1ryrr..:4rr�"...Y•'�.......r. .... ... .. .... ... .... ..... _. ...._ ..._... ...._ e. An essential public facility - the ski museum owned and operated by the Aspen Historical Society, a not-for-profit organization. The building• and former pool house contains approximately 4,400 square feet of floor area with additional basement space. 4.3 Lift One Lodge Emplopee Generation. The Applicant has conunitted to provide affordable housing mitigation for 100 percent of the net additional employees generated by the lodging project. This exceeds the 60% requirement. The Project's employee generation.is as follows: Employee Mitigation Generation Requirement _ (FTEs) (FTEs) --- The Lift One Lodge Project contains 84 lodge bedrooms and has a reconstruction credit of 38 bedrooms. The 23.0 6.9 Project's 46 net new lodge bedrooms are expected to generate 23 employees. The Project will contain 5,263 square feet of net leasable commercial space of which 2,429 is a reconstruction credit from the Skiers Chalet Steakhouse. The Project's 8.77 2.63 additional net leasable commercial space of 2,834 square feet is expected to generate 8.77 employees. The Project will contain 5 free-market residences, one of which is a reconstruction credit from the former .Holland House. The City does not have `employee generation' 3.35 3.35 requirements for residences, but does have inclusionary regifirements and replacement . requirements. The Project's four new free market residences require housing for 2.1 employees. The replacement unit requires housing — for 1.25 employees. Additional employees generated 35.12 Minimum mitigation required 12.88 Mitigation required at 1001/6 35.12 -- 4.4 Lift One Lodge iamployee Housing Requirement. A total of 35.12 additional employees are expected to be generated by the Lift One Lodge project and the applicant has represented a commitment to mitigate 100% of this impact. The applicant is providing on-site. dormitory �-- units for 16 employees. The additional mitigation of 19.12 I~TE's must be provided through the provision of housing units within the Urban Growth Boundary including "buy; -downs", the provision of cash -in -lieu at the rate applicable on the date of payment., the- provision of employee mitigation credits for extinguishment, or a combination thereof, prior to issuance of a Certificate of Occupancy for Lift One Lodge. The provision of cash -in -lieu for more Ordinance No. 28, Series 2011. Hage 13 of 37 ::.,•;r_^!�7�KS1.T."ft=sria!lvj:»�i.�i.is'ta!!:!7::u.Rr.�:.vi`:Lu4r•.S:: t1.ii�.CC:fl 't: %"!.�f.i:•' :�.::. .....�.'.'2•S•..-.'?cam;--...:57�.-^..:.:c•:......':�....�.s:v....�,.•....:':u::.d:•..��.-•fro rr.�`.rs•.1.«t-.x...n .w -..r. «a.r...>..,•....... a......v.w...rw..r-..... ..... than a fraction of an FTE shall be subject to an additional review and approval by City Council. Off-site for -sale units shall be transferred _according to the APCHA Guidelines. Off-site rental units shall be available to all qualified employees in Pitkin County, although the applicant shall maintain the right to place qualified empl6 ees of the Lift One Lodge. 4.5 Ski Museum Employee Housing Requirement. The Community Development Director finds the Museum meeting the definition'.af an Essential-�Public Facility (a facility which serves an essential ' public purpose is available . for use or- benefit of the general public and serves the needs of the community). The Aspen_ Historical Society is a not-for-profit organization with a. mission of enriching the comrriunity through preserving and communicating -Aspen's remarkable history. They are supported through donations, limited fee services; -and the Aspen Historic Park and Recreation District properly tax. The facility is proposed to serve educational needs of the community and will be for the use and benefit of the general public. The' employee needs for the museum are expected to be handled through existing staffing with minimal additional demand. In light of the project's overall conunitment to -affordable housing and the significance of preserving and enhancing the Aspen's skiing Legacy, the - employee housing requirements of the Museum are waived. Section _`: Build ine Perinit Submission Requirements In addition to 'the standard submission requirements for a building permit, the Applicant shall submit the following: _ a. A signed copy of the Final HPC Resolution, the final City Council Ordinance and the Development Agreement granting land use approvals. b. A letter from the primary contracto..r stating that the Final HPC Resolution, the final City Council Ordinance, and the Development Agreement have been read and understood. �- c. A tree removal plan and a tree protection plan. (See Section 10) d. Detailed civil plans .for the reconstruction of South Aspen Street, Deane Street, and associated sidewalks, curbing and drainage -improvements as depicted in the Final PUD Plans. e. Detail civil plans fore the installation and/or relocation of all utilities depicted and described in the Master Utility Plan of the Final PUD Plans -- f. Detail civil plans for the installation of all drainage facilities depicted and described on the Drainage Plan of the Final PUD Plans; g. A signage plan for approval by the Community Development, Parking, and Engineering Departments signing both sides of Aspen Street as No Parking Fire Lane; -sigiungAhe public parking spaces within the turn -around as Emergency and Official. Vehicles_ Oil- and specifying location of sign receivers -to be placed during construction. Final verbiage -for the signs may be different, as determined by said departments. The City shall -manage the public rights-of-way and all parking therein to achieve public policy 'objecti�►' -- which shall not prescribe or preclude public parking. The City may change the physical Ordinance No. 28, Series 2011. Page 16 of 37 :.Y•T' - _ - .:a -L::. . J�--�•c:.r .� ::::'^ - ` tC" "^r V'w ^��7L':... �7:. Jf,: F� : 4�..rit.wi:� .:L'N.r}.C.-u.'».►r-s..•.ra...._-r.a...c............�..,.-...�� ...... ... s.3.`�b�`i�.cis: Are'.-S.���+`ntt�S:,r r'c: s:� :i`r.....a� ,�..�,y ��?.:.�.,.1�, ... .. a:c -w• r acs:: •:.,r - iY�• .Lir,•' yti •,:xi::. �,� �Grr..'-c-r3.•rL�:l71v�i°•-N«ii�l���iF_•: ?::<s:: �i_`S.v°� v 1•e': Ci::�a+.-...w_. a�.�-. _-.:.v...L:ti:.`�%^r ::.i+�.Y.i ;¢v.... "tri �.. `Ki '1 layout, applicable policy, posted signage, or operational practices of the parking at its sole discretion on a temporary or permanent basis. Implementation of certain public parking allowances and restrictions does not guarantee against or preclude -future changes to those allowances and restrictions on a temporary or permanent basis. h. Ground Stability monitoring report as defined in Section 9. Section 6: Building Permit Issuance Rectuirements .In addition to the standard requireinentg for issuance of a•building pennit, the following conditions must be met prior to issuance of a building permit: - - a. The Applicant shall pay all unpact fees and school lands dedication fees applicable and per the fee schedule in place at the time of building permit submission, payable upon issuance of the full building permit. b. Ilie Applicant shall provide sufficient evidence of financing and a performance bond, as required in Section 3.15. _ . c. The Applicant shall provide site protection escrow funds, as required in Section 3.16. d. The Applicant shall provide $150,000 towards the relocation costs of the Willoughby Volleyball Courts. This is in addition to Parks Impact Fees. This requirement must be fulfilled in conjunction with the first building permit ,for Lot 4 -- the Ski Museum, including an Access/lnfrastructure•permit, and shall represent the complete obligation of the Applicant regarding volleyball relocation. The funds shall be placed in a separate account within the City of Aspen Parks Department so as to assure their use for volleyball court replacement. e. The design for Lift One Lodge shall be compliant with projected mudflow impacts- and recommended design accommodations as identified in the mudflow and debris -study prepared by the Applicant and reviewed by the City of Aspen Engineering'Department. f. Litt One Lodge shall be designed to a "highrise' standard for fire protection and be _ acceptable to the .Fire Marshall and as described in the May 13, 2011, Hughes Associates letter. g. The final application represented that the Lift One Lodge will meet specific energy performance measures and commitments equivalent to LEED Gold certification. Prior to *issuance of a Building Permit for the Lift One Lodge, sufficient evidence, such as an acceptance of the project registration and a LEED Design Review that indicates the _ appropriate points are "anticipated" or "pending", demonstrating the project has been designed to meet this standard shall be presented to the Chief Building Official for acceptance. In case the LEED piocess has changed prior to submittal, the Chief.Building Official shall determine the equivalent requirement for documenting progress toward LEED Gold certification. - h. The installation of vegetative protection fencing as required by Section 10. i. Payment of ACSD connection fees per'Section 11. Section 7: Construction Management Plan Requirements A construction management plan must be submitted to the City Engineer in conjunction with the first building permit application within the project {excluding permits for repairs and upkeep of Ordinance No. 28, Series 2011. Page 17 of 37 ]l:7?�."aJ'.:.L'.'S•.'}I�1R�:vF'Y:J:[!/in:.i[�sY.l:l.'t?1.'Y�^i••'ci.:.'."3.'7 F '�.n #.. r:.. •-.u.y. .1 �.�. t;.�: 2k •Wry c•�r..::.:sn....._:..�wC:w:.•_c=�•.�J-M.c�.woa•.•.......-.w•....-.....:...w..•..�..:c:�r :.Y).fi: z•=.' =°�-'!Y."..^.•Ik•'i�:+`LL:.Y�Seii:Lc`J.r.'SG:'�%.ii.>'.•..c•_:3<'•...c:�.`E'a:�C !.Y «r�..l^...f>.i�i. ...?i H°.:ri?.'=[ !•:»3=:. 7:`:'%a.Y.t �^:r existing buildings). The plan must include a planned sequence of construction that minimizes construction impacts to the public. If the project is bifurcated Info phases, a CMP for each:phase will be -required. The plan shall describe management of parking, staginglencroachmnts, truck and construction traffic during peak traffic and seasonal periods, noise, dust, erosion/sediinent pollution, and emergency access during construction. Any Construction Management Plan for work within the project shall accommodate the annual Winte. mational event operations to the satisfaction of the local FIS event coordinator and the Aspen. Skiing Company. This may include work stoppage on event days. _ Section 8:- Measurements Height. - Due to the nature of this site and consistent with the approach taken in the. review of this project, the maximum height for development within this project, shall be calcul4ted .and depicted in the building. perinit submission as the maximum distance possible measured vertically &orn interpolated Natural grade -to the highest: point or structure within a verticai'plane. Architectural and mechanical appurtenances. including but not limited to elevator overruns, mechanical equipment, antennas, chimneys, flues, vents, trellises, or similar structures .shall -be depicted and not extend over ten (10) feet above the specified maximum height limit and be limited to areas fifteen (15) or more feet from the outermost wall edges. Lot Area. For the purposes of calculating Floor Area Ratio of development on Lots 1, 2, and 4, the areas of the vacated rights -of --gray shall not be deducted from Lot Area. Floor Area. Due to the nature of this site and consistent with the approach taken in the review of this project, floor area shall be calculated as that floor space within the surrounding exterior walls as measured from. the outside face of the•nominal structure. For any story that is partially above and partially below interpolated natural grade, only the floor space above - the point at which interpolated natural grade crosses the subfloor elevation of that story shall be counted towards floor area. The floor area tabulation shall include a separate measurement for decks, balconies, exterior stairways, gazebos, porches, and similar features. Areas exempt from the calculation of Floor Area shall be those areas identified in the Land Use Code in effect on the day of initial application — November 24, 2006, as applicable to this project. There is no limitation for at -grade landscape terraces. ry Reversion to Current Code. The above .provisions for measuring improvements shall be in effect. through the vested period or the issuance of a Certificate of Occupancy -for each building, plus six months, whichever is later. Upon reversion, all built improvements and dimensions thereof shall be considered conforming. Subsequent improvements shall be measured according to the method in effect at the time of building permit submission for such improvement. Section 9: Ground Stability Monitoring In order to ensure the development does not exacerbate ground movement, the existing inclinometer shall continue to be maintained by the Applicant with bi-annual readings taken through issuance of a Certificate of Occupancy for the Lift: One Lodge. The Building Permit application shall include a report on the readings and a subsequent report is required prior to issuance of a Certificate of Occupancy. Ordinance No. 28, Series 2011. Page 18 of 37 .�3 - �`..r - �:. :." •`s' ':••�.. ..:r„7ii�Fd .t:is .'�,.-v::•tx.Y�-,�„-_ r' :cS.T.'�rZi:oi'�:�'ri!$�.T.�is�rr�^iii'�yr#ri+iwi�r.L.r�+i..ifa:tir'-'�.;.k.+�C3T',.:tin:7t'n.nen.l�`%i"t�1tti:+C.SwYi?i:YS':".. ;iF,,�tro .I.... �:7�`:if :-...... ,. :.�!_�: :ti�ita..�'�`3�1vs�..� n:..... !"..�:,1-:itiaS"..^'�u3.';E F=ti'xa=...'�1:.':a-�.t+.•.r::,-:,ac..-s.�:>.K...a:-:«.-,........-.. Section 10: Tree Permits And Protection Requirements Tree removal permits are required prior to issuance of a building permit for any demolition or significant site work. The City will issue a removal permit for the large spruce tree located on the corner of Gilbert and S. Aspen Streets. Please contact the City Forester at 429-2026. Mitigation for removals must be met by paying cash in lieu, planting on site, or a combination of both, pursuant to Chapter 13.20 of the City Municipal Code. A tree protection plan indicating the drip lines of each individual tree or groupings of trees remaining on site shall be included in the building permit application for any demolition or significant site work. The plan shall indicate the location of protective zones for approval by -the City Forester and prohibit excavation, storage of materials, storage of construction backfill; storage of equipment, and access over or through the zone by foot or vehicle. The -plan shall include provision of six inches of mulch within each protection zone. The plan shall include irrigation of the protected vegetation throughout the entire length of the construction. The contractor must supply water to the trees at a rate which is appropriate for proper health. Due to the proximity and .nature of the excavations, the protective zones will be required to be twice the - width of the drip lines. Excavations within the protection zones shall be minimized and must utilize vertical .excavation only, with no over digging. These excavations must be soil stabilized in a manner that.prevents over excavation of the site. This will require a one sided pour for all foundation walls- located within these protection zones. Areas of roots cutting shall require burlap protection to corer- oyer the cut roots and additional watering in order to keep the soil and burlap moist along- the cutting edge. A vegetation protection fence shall be erected at the protective zone edge .for each indiAdual tree or groupings of 'trees remaining on site. This fence must be installed and inspected- by the City Forester or his/her designee prior to issuance of a building permit for demolition or significant site work. The protective fencing and vegetation protection protocols shall remain in place through -out the construction period or as otherwise allowed to be removed by the City Forester. Section 11: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, _ which are on file at the District office. Since an upgraded main sanitary sewer line will be required to serve this new development, a "t,ihe Relocation Requcst" and a "Collection System Agreement" will be required, both of which are ACSD Board of Director's action items. Generally one tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. A wastewater flow study is required for this project to be funded b_ y the Applicant. The Applicant's engineer must provide the district an estimate of anticipated daily average and peak flows from the project. -” if the study projects flows exceeding the planned :reserve capacity of the existing collection system or treatment system, an additional proportionate fee will be assessed to eliminate the downstream collection system constraint, the treatment capacity constraint, or both- constraints. Additional proportionate fees would be collected over time from all development in the area of concern in order to fund the improvements needed. Ordinarico No. 28, Series 2011. -- Paae 19 of 37 r�"+lf.utat..7%:.ttiC'�vJClrrrl:�-.S+rMs':tur.':y.!^...,..::t.:.'�l':i":F:'_::d.c�: Y�J..r::t::.:�..�..Y :�: A1C .1r,�;. ... vim:.:*r.r::: 1;riV:::t�: .. ...ql,� -i{.•- -�r 9. '`•:?iG•N.+s•:.sAtis✓rx r�i.-r... !i!' �::2'. :sF..:.: ::� ^.4..7.:; r._, .�:ta :ti�K-� 1%�=G;•#;nT:7�.: _..^.".L:a :_�?��^'i:x;: .iv..!^.'.: .. .u:i-'::�J:...✓w.+l •:t �c•.a:. If the study projects flows exceedingthe existing capacity, of the current collection system or treatment ,facility, the development will be assessed fees to cover the costs of replacing the entire portion of the system that would be overwhelmed. In this case, "the District will fund the costs of constructing reserve capacity in the area of concern (only for the material cost difference for a larger line). The District will not approve a recapture provisions. The final design must provide enough room for all utilities in the re -design of Aspen street to _ accommodate the main sanitary sewer line relocation according to ACSD specifications. ACSD Will administer and construct the proposed -new main sanitary sewer line in Aspen Street at the developer's expense. The main sanitary sewer line relocation will have to be extended approximately an additional 200 feet to. the south to accommodate the upper traffic circle in Aspen Street, the Ski Company's on mountain . sewer line, and the service line for the Shadow Mountain Condominiums, when new service lines are required for existing development the old service lines (3) must be excavated and abandoned -at.ihe main sanitary sewer line according to specific ACSD requirements and prior to all soil stabilization activities. On-site sanitary sewer utility plans require approval by ACSD. On-site drainage and landscaping plans require approval by the district, must accommodate ACSD service requirements and comply with rules, regulations and specifications. Permanent improvements are prohibited in areas covered by sewer easements or right of ways to the lot line of each development. Below grade development will require installation of a primping system. Plumbing plans for the _ pool and spa areas require approval of 'the. drain size by the district. Glycol snowmelt-and heating systems must have containment provisions -and mustpreclude discharge to the piiblic sanitary sewer system. All clear water connections are prohibited (roof, foundation, perimeter, patio drains) including trench drains for the entrances to underground parking garages. Oil and Grease interceptors are required for all new and remodeled food processing establishments. Oil and Sand separators are required for public vehicle parking :garages .and vehicle maintenance facilities. The elevator drains must also be plumbed to the o/s interceptor. Plans for interceptors, separators and containment facilities require submittal by the applicant and approval prior to a -building permit application. The district will be able to respond with more specific -comments and requirements once detailed building and utility plans are available. All ACSD total connection fees must be paid prior to the issuance of a building permit. Amendments to the above requirements agreed to in writing by the Applicant and the Aspen Consolidated Sanitation District shall supersede the sanitation requirements listed herein. Section 12: Rgguirements for Issuance of Certificate of Occupancy on Lift One -Lodge Prior to the issuance of the Certificate of Occupancy for Lift One Lodge,' the following conditions must be met; a. Completion of the improvements to Deane Street as described in the Final Plat, PUD Plans and Development Agreement. An additional surety at twice the remaining estimated costs of improvements may be accepted by the City to address timing issues related to seasonal construction or other practical issues. Ordinance No. 28, Series 2011. Page 20 of 37 >�:ri3.S.�JN'•3��.�551-�y�:3��:�sF �'4=:::i-w.�".S•C'Mi'i:2D}TC:1't.Ya:r .K..w�.wr•ror•ns�-�•:. s...ns vr. '{.�tci: �,:�v r �:.:6L: �.-....r .. ...v .. .. _.-...__._....�-..�.. _... _ .. .. _ . .. •. •M ..TIr.. ?+:H[t^ .t, :'1'JLa.ii� :!wA ':f•R .:4��.�1.Y..-+.-�.. r r•1....+...yam •.•�-•••••. •. b. Approval and filing of a deed restriction for the. affordable housing units located in the Skier Chalet Steakhouse building. c. Voluntary transfer of 1/10'h of one.percent undivided interest in the dormitory units on Lot 2 to the City of Aspen to the extent determined necessary by the City Attorney. d. Issuance of a Certificate of Occupancy for the affordable housing units located in the Skier Chalet Steakhouse building. e. Completion of the Ski Museum building. located on Lot 4 to a "white box" or "shell" level of finish. This shalt be met either through issuance of a Certificate of fleeupancy for the building or by completion of all structural, utility, gradin*'g/drainage, access/egress, ADA, fire protection, and fenestration improvements covered• by'. the building permit and all exterior improvements required by the final HPC approval for the Ski Museum. 1 Provision of employee housing for 19.12 FTE's through the provision of housing units within the Urban Growth Boundary including "buy -downs", the provision of cash-in4ieu at the rate applicable on the date of payment, the provision of employee mitigation credits for extinguishment, or a combination thereof g. Provision of $600,000 to be held in escrow by the City of Aspen for the eventual planned installation of a surface ski lift (a.k.a. platter lift) with an expected terminal. facility located in Willoughby Park adjacent to the Skier's Chalet Steakhouse on Lot 2 and taking skiers uphill to the existing or relocated Lift 1 A terminal. This $600,000 shalLbe held in a separate account that is specifically earmarked for a planned surface, lift connecting Willoughby Park and Lift lA, as presented in the application. In­the'.event that there is not a surface lift installed within 5 years of the Certificate of Occupiu cy,, of the Lift One Lodge, upon agreement between the City Council and the Applicant; :such fiends may be made available for contribution to an alternative means of transporting skiers from Willoughby Park to Lift t A. h. The final application represented that the Lift One Lodge will .meet specific energy performance measures and commitments equivalent to LEED Gold certif cation.: Prior to issuance of a Certificate of Occupancy .for the Lift One Lodge, a final tabulation certified by the -Project Architect and a Commissioning Report will be submitted iimat verif es -each of the components that were a part. of the LEED Design Review noted in -Seetid.4ei re completed as a part of the project. This tabulation shall be presented to the Chief Building Official for acceptance. i. Provision of $62,000 to the City for a sanding truck dedicated for winter maintenance of South Aspen Street and a lump sum payment of $20,000 for future sanding materials •tlmat are unique to the site. Section 13:. Willoughby Park, Lift One Park, .& Volleyball The Parks -Department and The City of Aspen appreciate the Applicant's commitment, to contribute $150,000 towards the relocation costs of the Willoughby Volleyball Courts;- Payment of this shall represent the complete obligation of the Applicant regarding volleyball :relocation. The City will decommission the volleyball court on Willoughby Park prior to or upon issuance of an Access /Infrastructure permit for Lot 4. Ordinance No. 28, Series 2011. Page 21 of 37 .._.: - ,ar.-'-�:.c�"---.... ..-.•:r-'. ..,i .:vim. w- -;i:: .-.;..-.-..ti:: '•2?�,YrT^�Y' ' •1:ca?' - ' a- e. <> "' t;.: •:.-..�:8 •� ' :::�� - .. t ' ' rx:.` 4-. lri . ..�.....•z4:2.. • -,.. .�. ",.s1..x5:'G.-.. .�`3-"='?.^..w�.s... S..-b�"a:•'Y w'.i.T `• .-�-.r%•g y-L�e"f k.w..... � - }.-':�::�.�a? ..a',�:. �'ti^� - v. �ri:.•."=-';'��«- }. ".a.-,-{i!'3c `.--`ir+. ".'�`•.: .r�`C .:�Sr-' �*:•. �-•f3'..>. �"l.. .. .. .K .. .r -.w ry-. ..�IK•..�t...._YR. Y.,..- , �'i:.5. . _:"i.... _.. `.?tr ,-r_....ert's, �... f''.�r .-.�...�"x?. .,....+ ., _>-.. �G. ..ih4•.. � ... r-� s .e..?i1n"�:�i��r.•:;c> Section. 14:.- Environmental Healt�partment The. State -of Colorado mandates specific mitigation reriuiY•emen#s with regard to asbestos. Additionally, code requirements to be aware of when -filing - a building pennit uiclude: a prohibition .on engine idling, regulation of fireplaces, fugitive dust requirements, noise abatement and pool designs. Section 15: Water Department The .Applicant shall comply with the City of Aspen Water System Standards, with Title .25, and with the applicable standards of Title 8 (Water -Cbh'&<►ation and Plumbing Advisory Code) of the Aspen.Municipal Code, as required by the City of Aspen Water Department. Utility placement and design shall meet adopted City of Aspen standards. Section 16: Outdoor Spaces Outdoor terraces, balconies; decks, trellised areas, and the pool deck may have umbrellas, canopies, awnings, trellises, fans, portable or integrated beating elements, arTd similar devices to facilitate comfort and use of these exterior spaces. These spaces shall not be enclosed with temporary or permanent walls/windows or otherwise enclosed as interior conditioned space without an amendment to this approval. Section 17: Public Restaurant and Apris Ski Deck The final application has tepresehted Arid -provided -assurance that the entirety of the restaurant located on level 3 and a portion of the apres ski deck- Iocated on level 4 will be accessible to the general public and will not be an owners -only amenity, This does not prohibit the applicant or operator from limiting public access from• tune to time in the normal -course of-bushiess. This obligation shall be memorialized in the Development Agreement, Any changes that limit the public's access to the publicly accessible portions of this amenity (i.e. an owners -only or - similarly restricted amenity) shall require. a.substantial amendment of the PUD. Section 18: Skiers Chalet Steakhouse and.Lodgg Buildings Prior to redevelopment, the -Skiers Chalet Steakhouse (a designated historic landmark) .and the Skiers Chalet Lodge (proposed fo.r re -use) shall be maintained in a reasonable state bf repair' by its owner. Periodic access shall be afforded the City's Historic Presei-vation staff to view the condition of the buildings and to conduct follow up visits to ensure that the resources are not becoming damaged through neglect. The Skiers Chalet Lodge and Skiers Chalet Steakhouse may continue to be utilized, including necessary upgrades, as housing for working residents prior to relocation and redevelopment of the buildings. The continued temporary use as housing shall not affect a change in use in the properties and shall not be subject to the City's Housing Replacement Program. All building and fire codes must be met. Relocation and rehabilitation of these two structures and the old lift one stancluon within Lift One Park shall be according to the allowances and limitations of the final Historic Preservation Commission approvals. Upon final installation of the original -Lift 1 stanchion within Lift One Park, the official zone district neap shall be amended to reflect Lot 3 of the Lift One Lodge Subdivision/PUD and this relocated structure as a designated historic landmark. Ordinance No. 28, Series 2011. Page 22 of 37 .�'F:��-'a�P�.TrL7��Nl�.TiL �'ASM!�I.�,r:L✓^IIkY:NF'..ra?'TYV�(^C'iTRt.�N.�M•N.^,.C\.:F!4P,'.�5J..��Yti.:•J,•t.-:�i.YiC•sr37ti4{I.�:`TIJ.:.�:,^.r:�l=J.��iV.�{:'. r.:rw.a::l.T`.. �F:,Y. �.YO:Y.\'�`�1L::�'CLN.\fi:iML.c.-..�.-�..�.w.. w-.wM:r. +.�.�n.p.... �... sr� . ._. r...� ♦.��✓.r..w..r.r.. v-. �....v Upon issuance of a Certificate of Occupancy for the relocated Skiers Chalet Steakhouse (the dormitory), the official zone district map shall be amended to reflect Lot 2 of the Lift One Lodge Subdivision/PUD and this relocated structure as a designated historic landmark. Upon issuance of a Certificate of Occupancy for the relocated Skiers Chalet Lodge (the ski museuin),-the official zone district -map shall be amended to reflect Lot 4 of the Lift One Lodge Subdivision/PUD and this relocated structure as a designated historic landmark. Section 19:. Development of Surface Lift Approved The. proposed future development, construction, operation, and maintenance of a surface lift (a.k:a. platter lift) through Lots 1, 3, and 4 and .other associated improvements necessary for uploading skiers from Willoughby Park to a: point: south of Lot 1 such that a skier could access Lift IA or a relocated Lift IA is hereby approved subject to a final review by the Community Development Director for sighting of stanchions, sighting of other necessary apparatus, sighting for safe alignment with Lift 1A, confrniatioii of approval from the State Tramway Board, and the required reviews by the Historic Preservation Officer and the Building Department for issuance of any permits required for its construction. Section 20: Condominiumizatioa Anproved Condominittinization of units, including the . parking spaces, to define separate ownership interests within a Lot of the Left One Lodge-- Subdivision/PUD is hereby approved by the City of Aspen, subject to recordation of a condominiumization plat in compliance with the current (at the time of condo plat submission) plat requirements of the City's Community Development Department. Section 21: Amendments Conversion of fractional. lodge units to whole ownership residential units or non -fractional lodge units shall require a substantial amendment. The conversion of whole ownership residential units to fractional lodge units may be approved administratively. Section 22: Representations Preserved All material representations and conunitments made by the Applicant pursuant to the development proposal approvals as herein awarded, 'whether in public hearing or documentation presented before the Community Development:Department, the Planning and Zoning Conunission, or the Aspen City Council are hereby, .incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. Section 23: Vested Rights The development approvals granted herein shall .constitute a site-specific development plait vested for a period of five (5) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result tri the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly submit all plats and agreements required to be recorded, as specified herein, ,Nyi i n-orte year of the effective date of the development order shall also result in the forfeiture of -said vested property*rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part 'of the approved site-specific development plan shall not result in the creation of a vested property right. Ordinance No. 28, Series 2011. Page 23 of 37 4:a`.RU'.'.�.sfR?ft'1.Wer/JSt�'i�i.':t7w:.i::�:4:2.Jt?Fi :�s t�7 f� iv �..'ry_ �; t`-:. � - �..'� - __ �1 K.. .�sYr �.t:-`.. n,...�..4s i.,.Y;•.. ;'s, �-:.:`• vSC"... w...:.�.sw . N:�' 'k�w?ir.�`:. :�.aY. .'il':'2.'��ti �Ya:�!��t+". +�+'t �Yr :C=.gin �...�. �'-.. :•r'. i�::!.:l�i.'r':'r•'a� rc.�: �:': .s .a•�::.7 i•.` t.� a•x.. �•. .. , _ .`s."1. K*`.=✓.'�' .S:^'J" .9. )'^•'.... ..Ki. .• .r No Iater than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in -this -Ordinance, the City Clerk- shall cause to be published in a newspaper of general circulation within. the jurisdictional boundaries of the City of Aspen, a notice advising- the general public of the approval of a site specific -development plan and creation of a vested property right pursuant to this Title. Such*notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of five (5) years, plirsu6lit• to the Land* Use Code of the City of Aspen and 'Title 24, Article 68, Colorado Revised- Statutes, pertaining to .the following described property: Lift One Lodge Subdivision/Planned. Unit Development located on property commonly known as 233 Gilbert Street, 710 South Aspen Sireet, 120 South Aspen Street, 'Willoughby Park, and Lift One Park, City of Aspen, Pitkin County Colorado, as more fully described in City of Aspen City Council Ordinance No. 28, Series 2011. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. -- The approval granted Hereby shall be sub ject.to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 24: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repeated or amended as herein provided, and.the same shall be conducted and concluded tinder such prior ordinances. Section 25: — If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion. shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining poitions thereof. Section 26: That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this Ordinance .in the office of the Pitkin County Clerk and Recorder. -- Section 27: A public hearing on the Ordinance was held on the 260' day of September, 2011, at 5:00 in the City Council Chambers, City hall, 130 South Galena Street, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of 'the same was published in a newspaper of general circulation within the City of Aspen. Section 28: This ordinance shall become effective thirty (30) days following final adoption. Ordinance No. 28, Series 2011. Page 24 of 37 �iw�.xfdr:.t�..i�.�'�.?�:r.'S�.3:�stc`w�:t:�Y-�;-�'3:c:��«k:�Tii'�'::�;:.J.w.±..5 �,�iei:�.'v'`i::�;�.'•K'i:r:st-.:::s-!�.-:1r`.+:.e.'r;i'::t.itl.;`c�:.:+`..�r!e'c.. w. .s:Y#'�. •nec::.u:..�: w� ..>... .... �' � 5.::�: ✓tf.: x,�;.:• '=i.' •S:71Y:si. 'Ven.�r.tY...e i....!n..w .:w..-.. . a ...-..,,.n.,.• v......r............. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 120' day of September 2011. Attest: Z ._ Kathryn S. K ` -, C ty erk Michael C. Ireland, Mayorf FINALLY, adopted, passed and approved this 14°i day of November, 2011. Attest: Kathryn S, - 'K' c ,City Clcrlc ichae 'C. Ireland, Mayor Approved as to form: n orcestcr, City Attorney EYhibitA — Property Descriptions Ex -Mbit. B — Proposed Subdivision. Map Exhibit C -- Proposed Street Vacation/Dedicati'on. Map Fxliibit D -- Proposed Illustrative Site Plan Exhibit E — Proposed Architectural Character Plan Ex-hibit. F— Proposed Ditnensional A1lowances and Limitations Exhibit C — Proposed .Heights -- Exhibit H — Design for Deane Street Skier Drop-off & South Aspen Street Ordinance No. 28, Series 2011. — Page 25 of 37 ::<'Fki:'�3'�'1!:�t'=L'�'4i4`3.�[�is�?Y�:S:SSFL'.i::li.:,::�?SWt4�:.".*.•L`..�:<�s�t�',::,•x,:,.:l; -:2=:d Y.-�;.�ry�:-._,,;:-v' i'r.,:r.:+!.t_: �•r,;: �.�,.;:• s:..v�::•\�: s1�1:.�-r..n. a.r. w�_.,rr.......;....-.......r........, v'a'.=::'iY� u`:9�K::^.:' 2:.'::'» :Z .7.:.:CaYL:�}Y;�b-.. :cv^-: ss:.:� �-.x-:.c.•..-.. .w•...c�....t... �., Exhibit A ,Legal Descriptions The subject property is generally located on the east side of South Aspen Street south of Deane Street. The subject property consists of five parcels and the rights of way to be vacated In connection with this Application described as follows: Parcel A is legally described as Lots 1, 2, 13, and 14, Block 9 of the Eames Addition to the City and Townsite of Aspen, including the portion of the vacated alley between Lots 1 and 14 and the west 20 feet of 'Lots 2 and 13. Parcel A is the former site of the Holland House Lodge, which was demolished in -2008. Parcel B is legally described as Lots. 4 and 11, -less the west twenty-two feet thereof, and Lots 5 through 10, Block 9 of the Eames Addition to the City and Townsite of Aspen, including the portion of the vacated alley between said Lots. Parcel B is currently the site of the Skiers Chalet Lodge. -- Parcel C is legally described as Lots 12, 13, and 14, Block 8 of the Eames Addition to the City and Townsite of Aspen. Parcel C is located adjacent to South Aspen Street on the north side of Gilbert Street. Parcel is currently the site of the Skiers Chalet Steak House. Parcel D is legally described as Lots 3 and 12, and the west 22 feet of Lots 4 and 11, Block 9 of the Eames Addition to the City and Townsite of A.speri, including a portion of the undeveloped alley between said lots. Parcel D is commonly known as Lift One Park and is owned by the City of Aspen, who has consented to the application. Parcel E is legally described as Lots *1 through 14, Block. 7 and Lots i through 3, ,Block 8 of the Eames Addition to the City and Townsite of Aspen, including the undeveloped portion of Juan Street between Blocks 7 and 8 and the undeveloped alley within Blocks 7 and 8. Parcel 'E is commonly known as Willoughby Park:and is owned by'the City of Aspen, who has consented to the application, and is leased in whole to ,the Aspen Mtorical Society, who has consented to the application. The following is a sutnmary of the street vacations and dedications associated with the Lift 1 Lodge proposal: e Vacation of the eastern 37.5 feet of the South Aspen Street right-of-way from the centerline of the Hill Street right-of-way .north to the southern edge of the Deane Street right -of -wap. e Dedication to public right -of ---way an. area. witUl the northwest portion of the proposed Lot 4, Willoughby Park, associated _with the . proposed turn -around and drop-off area at the comer of South Aspen and Deane* Streets. The final design and exact dimensions of this dedication shall be as depicted and described in the Subdivision Plat. o Vacation of the northern 25 feet of Hill Street east of the centerline of South Aspen Street to the eastern boundary of the .Eames Addition. That portion of vacated Hill Street abutting proposed Lot 3 shall be conveyed' by the. City of Aspen to the Applicant to be -- incorporated into proposed Lot 1. Ordinance No. 28, Series 2011. Page 26 of 37 :..`w::2y':..s7::J��:i.�:lY:w.}aS'.w'ti.:ttiisf.7yt.'wN.'.ti14L:.::�::rA�`�Rr-�Yi.•�:R>.�:f'�T.;i.:'?S!:��."titxY- �t�:r"G'a_l.ti:".. ���r:'..-.i4"-n7.'.'7r'.^3w�cii.�::^-:':w`�ii: .k ;i i::'r:v:�i:i�i?:^'.hia:..a'^•.'.:r,'.:�.'Y.'�'�!.'-�;':alC":'?.:.n�.'t's.::fi':v1uN-X'tx�:*rY.��....o».'�:�:.74a..*:.y�r�.Fi�:� • Vacation of the remaining dedicated portions of the alleyway of Block 9, Eames Addition. e Vacation of a Utility and Alleyway Easement encumbering the eastern 10 feet of Lot 2 Block 9. Eames Addition, recorded at Book 203, Page 375. • Vacation of Gilbert Street .right-of-way from the eastern edge of the South Aspen Street right-of-way east to a .line extending south from -the boundary between Lots 11 and '12 of Block 8 and connecting to the boundary between Lots 3 and 4 of Block 9, Eames Addition. • Vacation of the Juan Street right-of-way east of the South Aspen Street right-of-way to the eastern. boundary of the Eames Addition. • Vacation of the alleyway of Block 8, Eames Addition. That portion of the vacated alleyway abutting proposed Lot I shall be conveyed by the Applicant to the City to be -- incorporated into proposed Lot 4. • Vacation of the alleyway of Block 7, Eames Addition. -- o Vacation or extinguishment of -an easement for skiing purposes assigned to the City by - the Aspen Skiing Company in connection with the conveyance of Lift One Park which affects a portion of Parcel B (part of proposed Lot 1). Ordinance No. 28, Series 2011. Page 27 of 37 Exhibit B Proposed SuMpision Map z 0 A- 0\, A0 13388 ilWVYns* CS 77- -.77, A P4 Li ';"�; ` .� aui0 1.33815 Wnr A -A JH us 13381S 3NV30 LLI L63 Us Ca. Ordinance No. 28, Series 2011. Page 28 of -37 �.. iw�nF•mo•+oWIM w.oaoy:umiVOnmvanaIvNidFlo p Z N O and / uaisinipgng olpol ouo 811 N wma mnm i?r amvuwe,mm,o. Q ®rltm � v m. �.m a::�z'z+�i AY.wY��S^`::g'taw...�:.._r.:..�u:�a*s,3•vv >:.��:a-axx.>'�.k:_xc...:u, {e;..-,s�:..._��'x3m :,::x:3::�y :a,.. �. x- �-n.<_xem-�--ixx. �...w.w,.f ......a. �...v_.-.. .. n.-,.�.... _........... ..a.... Exhibit D Illustrative Plan Ordinance No. 28, Series 2011. Page 30 of 37 o-Y{,611{..N.�..:..+^Y:'R'if.ep?�.FhYi3'6R:L..^^.c,a�i'.iii$'hvgh::'G.VG':P..^`W�.u"�3la6aCe+`L'.�+.-::a:a i>"±n1'mS=:S+ v: P.w.t•.'xv..-n......w.n.»o..=.rv.�-..._.....�..--.-... Exit ibit E Approved Architecture West Elevation of West Representative Architectural Floor Plan of Lodge Unit and Lock -Offs Ordinance No. 28, Series 3011. Page 31 of 37 .T+wr[.asvn.al.'.'��-.r:wc-r.^.Ner>vr.v.w.`�wr.:w..+--.A�..e.a.t.aidx'.•...r..r...u.��..r�.vuav:�}..4r:J.�..•.•...sY+..;..n..\.�..•r;n�.....•..._.:�.w...y..,.. _... ....-. .....�:•..,..<...........+.......-.....-.......-.. Exhibit F Approved Dimensions ,•� 'j,,�h ��.+-...'f�'yN3:•-'>ic •r_ . � i�:..�--%r �,;y.�x� _ 4�- � �;�r �'� Y� F 7�1SKi.��'�•t�. � 'Z=t�Ccsp ��h. �r�'�. 'yt, 'j �' is '[�-.'��>+t•�C. ' •S+r �a y `��9�R��� '�. y fp-:T f•Sr rf.. a.� � a �. �' `•.��s���a�w'-`�.rT�-`�'.t. r r� wi Y �E+ :�ti2. .1>y 's�T�.�YR� • + _ Kr•1�nT' 11'� .. ., ... L,.��,�� � F � ), � +. «y� R�,i {� }Q/ v3 '� � .•;T Ly`P��•�b'J.:r`.x ` '1 : i•� ✓ i .• KO C.1-•-. F \ 'r .- u4:.�.. .. 4 3 ';O" 4��.� `.z�r.ri,�r •� �4c�•tf��S�: ••r.:{e} yI` ��.y.t�l'�ty ,.�i' !. - �.�, i' � ',���� _ �� ��, 1�LCCCs� ��•%�a` x} }'d4� C.•� �1�'1 `'�' �� �.+,. �I�., /-i}:yM"7rC .�y����WL�Y-%>��i P� ♦t+•w. „r•}yi � •�'i. -•i+ W J' ���4L.�t �•„II H •f.'�11��h1 .'�Y�•~.�Y -5.. ��X�Y�•�+,(�4 %U�~ . ± " �i'n� �.t� ,t •t.�r• e{7����H•i� Cl �r�Tni'�KY.AK A•) t: � ...: 7i/ L'�it:rw�•. Ji3.T�t'% .'•i.t...4i��•f•= d:V T•."4-�.•T+.^a...�: {�%K �[:cYA>' .4 'Y �r i.'�+!.:f�i'�� �M�:�.t .^..win♦a'71}w�i4���Y�� .:�..w.CL �4 �.� C. S r.'• y}��� .. �l:C :j,!•l: S ...?y`_ _\. J\ .�.. '..i:w•• �: �t•,y:. •9� <C:,•i-;� •$-�' ••.:�.}"ti...�.,: C'<"' '.1 n yy �:J•' •�.t,•T;+ ..4�.S..:Lr i. Y'f 4s i': "`tis .. r''i-•-.t>.fL��•'tl S.,:.Y�-•'!n•� .: s•='• :1•,�.J:,-,.:4.���"i')• a•:Y+'tt \.i4 r t r r• k ti( s -_9 '... •.e `t' r . : '.i 1 -� r. s t r�':t'i . is . �,'. Ai F♦. 1) jb4 t', `Y } G �• '� } dt, µt 1 K.K< _m .1 �l h, .!•'. l-;.Y✓.,fie at�t ��... ``,�ti. -t` aC-;• �'..rer�r i tib.- A 5.. + '. •Z♦ 15 rt.r l.,S ✓- cK r :4 n ^' �... , .. .tea• ^' r _�;�f>�,rOae Lodg ��at��� ' : ,� � � r s ,� ,.�.� r .� 4� �.:• .A. � tti,; ;:� � �-�,-�ti{ ;± YI..L�•4.+ �.. t�. ..• t .r •R.' 1 L.� 1 i . )�. -\ .. i '.L _ t •r 1 .i l._.'•i•• . T, i,.y : � 1i+•«i��"t .y.<e,.+w'?t.. '-'i;" ..r_. _ r „2 :.'ri?.: y5ti:. r._.... .�t�' s: ,:t t •Y.: .'.� ti :'ia : :�i♦'"t � t.�� ♦ icw : f.- � _.•; Ci t- �.C.:t: _. •:�:..•„l^'%� Vii~ S. � �� { � -y� .`�•, 'oi+. i.e.; i 1.:-. •i �. .):• �r •i. .. .♦::. 41,258 sq. ft. 3,000 sq. ft. Minimum Lot Size 19,296 Site Specific :Lot Area for Density Lot Ar-ea.f6r Floor Area 38,954 Site Specific Lodge Unit Density Standard 537 sq. ft. of lot area per unit See Note Below* Minimum Lot Area per 3,859 sq. ft. 3,000 sq. ft. dwelling Unit (free market) Minimum Required Lot Area 19,296 sq ft. 15,000 sq. ft. (sq. ft.) 265 ft. 30 ft. • .Minimum Lot Width East Wing: 1 ft.West Minimum Front Yard Setback 5 Wing: 4 ft. East Wing North: 1 f-1. East Wing South: 1 ft. Minimum Side Yard Setback 5 West ding North: 2 ft. West Wing South: 3 ft. Fast ding: 12 ft. Minimum Rear'Yard Setback 5 West Wing: I :ft. Per height plan as represented Sloped .Roofs: 38 Ft. Maximum Height in Exhibit C Flat Roofs: 42 Ft. Floor Area Ratio Lodge Units: 1.1 b: 1, or Lodge Units: 2: I, or 75,848 Ordinance No. 28, Series 2011. Page 32 of 37 '� c�2�!n�!l7{:.Y/L',^�::'.%v'ti�A.�rd.'.::Si: Kti r!.v?+"�:'e:+:l '!!^..L::� V::•`YLii�YSt�s.'•. ..•.�Y .+ :�ienG^.::c'reyz7:Jt �::i.•... w .... .. .:...-vx.:...vr.:f....:.-�.L ...-. ..�_.. .....� "-�........._ .. ... _ .. _ .. , SYe-s_Calet;:Sf<ea:IousforiatiTesauna y1, 1 1'. .`.: •iif.'. . <13 -i.-. 1 S .. . _ _ : tL.. ^ .t l,l ti Minimum Lot Size 3,562 sq, ft. Established Via PUD Lot Area for Density None See Note Below Lot Area for Floor Area 3,562 See Note Below Minimum Lot Area per 445 sq. ft. (8 Units) Established via PUD Dwelling Unit Minimum Lot Width 95 ft. Established via PUD Ordinance No. 28, Series 2011. Page 33 of 37 45,129 sq. ft. sq. ft. Conunercial Uses: 0.15:1, or Commercial Uses: 0.25:1, or 5,698 sq. ft. 9,481 sq. ft. Non -Unit Space: 0.31:1, or Non -Unit Space: 0.5:1, or 12,206 sq. ft. 18,962 sq. it. Free Market Residential Free Market Residential Units: 17% of total lodge Units: 25%, or 19,252 floor area, or 13,108 sq. ft. Total: 2.5:1 or 97,385 sq. it. Total: 1.95 or 76,141 sq.ft. Pedestrian Amenity Space No Requirement* No Requirement Lodge Units: 42 Spaces Lodge Units: 0.5 Spaces/Unit Commercial Uses: 6 Spaces Commercial Uses: 1 Space/1,000 Sq. Ft. Net Free Market Residential: 5 Leasable Spaces Residential Uses: 1 Project Parking* Affordable Housing Units: 8 Space/Unit Spaces " Public Parking: 50 Spaces Lodge Members:.44 Spaces Other: 8 Spaces 4- r'„ -\- ••ham } :-7 •R - 1. - t r -\' ♦ V � J4':..�� • L tY •^'t r r to L ,. � _.•1 .\ � L: _ SYe-s_Calet;:Sf<ea:IousforiatiTesauna y1, 1 1'. .`.: •iif.'. . <13 -i.-. 1 S .. . _ _ : tL.. ^ .t l,l ti Minimum Lot Size 3,562 sq, ft. Established Via PUD Lot Area for Density None See Note Below Lot Area for Floor Area 3,562 See Note Below Minimum Lot Area per 445 sq. ft. (8 Units) Established via PUD Dwelling Unit Minimum Lot Width 95 ft. Established via PUD Ordinance No. 28, Series 2011. Page 33 of 37 iUMMIgs"', "M 4�. * ftz' Vi OR. Minimum Front Yard Setback 5 ft.: Established via PUD North.Yard: 10 ft. Minimum Side Yard Setback .Side. Established via PUD South Side Yard: 30 ft. Minimum Rear -Yard Setback None Established via PUD .......................... MaximumHeight 33 ft. Established via PUD 0.89:1, or 3,184 sq. ft. Established via PUD Floor Area ratio Pedestfian Amenity Space Remainder -of lot Established via PUD S. B -fibric Y. KU f -'A ti 41,918 sq. ft. Established via PUD Minimum Lot Size Minimum Lot Width 190 ft. Established via PUD 50 ft. Established via PUD Minimum Front Yard Setback East Side Yard: 20 ft. Minimum Side Yard Setback Established via PUD West Side Yard: 125 ft. Minimum Rear Yard Setback -25 ft. Established via PUD 31 ft.* Established via PUD Maxiinum Height 0.10:1, or 4,400 sq. ft. Established via PUD Floor Area ratio Pedestrian Amenity Space Remainder of lot Established via PUD Notes: Lodge Unit Size Standard: The Applicant is requesting.a Special Review for the average lodge unit size. Ordinance No. 28, Series 2011. Page 34 of 37 :�'.��lY���r%�..i1..i�Ji:�i!��.CV k{i'Sibt.�+:.c�..^��•ki--���+'`A-{i�yH�.a�ic�l»Yui.:-:'�'.:e.i'%�AS3i':'ul.`..��i:ti.'�c�w:i.=.-L•jT':..•Y.�S:..'�i:T::t>f2;�.-b'N!>r"-�'�"s`•vi.'^i-`�:'.`�.a•J::.nL":^2:r'�,':Y,`:38`VL.r:Yiv�.7.-...-a�:-v:-rlsv..wnrn..:.r..-r�Y.e...-.-......:....r..v-.v«»..r�..-...-.....,.. ... o Floor Area Ratio, Lots 1. *2 and 4: For the purposes of calculating a Floor Mea*Ratio on Lots 1, 2, and 4 that more accurately represents:tlle numerical relationship between land area and floor area, the area of vacated rights of way have not been deducted from -Lot Area. This calculation is not intended to modify -the definition of Lot Area as set forth in the Land Use Code. • Pedestrian Amenity: This site is outside of the area requiring pedestrian amenity space. • Project Parking: The project parking section of this table reflects the entire project, not just Lot 1. Q Maximum Height: The heights for the Skiers Chalet Steakhouse Affordable -Housing and Aspen Historical Society are taken from the- ridge of the roof ' • Floor Area Ratio, Lot 4: This includes both the Museum and pool house. Ordinance No. 28, Series 2011. Page 35 of 37 eights: West Wing Heights: East Wing 43.50 ft Ordinance No. 28, Series 2011. Page 36 of 37 `.?Li6u:=Ltl%Yr,L:rtr�Gc�+tan..'-.>ss:n,J:::as:rUve:•vas:.:rtex±�»n'.z-_::,wf.�.s��_...'rcs�.xs...ara.:�,�.x,.n.........r<....,,.........✓..._...........-_.,.. ._._.-- ... ...... Exhibit H Skier Drop Off Area Deane Street & So. Aspen St. 5' DUACHFD 5' 7OA SRL CBC Saw AM �^' f oarcacoonet :� }- -- - - - - -- _ ro NOT 5QlLH4 � { a"' ASPEN Aw � ATTACH O GRAPHIC SCALE /'� ( S;O£SAIX ESER 140066 INEEFS i 811R1 Ordinance No. 28, Series 2011. Page 37 of 37 EXHIBIT RESOLUTION NO. 41 (SERIES OF 2015) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A TWO-YEAR EXTENSION OF VESTED- RIGHTS FOR THE LIFT ONE LODGE SUBDIVISION/PLANNED DEVELOPMENT LOCATED ON THE PROPERTY COMMONLY KNOWN AS 710 SOUTH ASPEN STREET AND 720 SOUTH ASPEN STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 27351311001, 273513101002 WHEREAS, the Community Development Department received an application from Roaring Fork Mountain Lodge -- Aspen, LLC requesting a two-year extension of vested rights associated with the Lift -One Lodge Subdivision/PD project, per Section 26.308.010.0 of Title 26 of the Municipal Code; and, WHEREAS, the applicant previously received City Council approvals relating to Final Planned Unit Development, Subdivision, Rezoning, Final Timeshare, Growth Management, Right -of -Way Vacations, and associated land use reviews for a site-specific development plan for the Lift One Lodge Subdivision/PIanned Unit Development via Ordinance No. 28, Series of 2011; and, WHEREAS, per the Amended Development Order signed by the Community Development Director (Reception No. 591520) the vested rights for the property are set to expire on November 28, 2016; and, WHEREAS, the applicant has finalized nalized and recorded a Development Agreement for Lift One Lodge Subdivision/PUD at Reception No. 597439; and, WHEREAS, the applicant has finalized and recorded a Final Plat of Lift One Lodge Subdivision/PUD at Reception No. 597438; and, WHEREAS, the applicant has completed dll vacations and dedications of public rights- of-way and recorded these vacation and dedications as represented on the Street, Alleyway and Easement Vacation Plat at Reception No. 597435; and, WHEREAS, the Community Development Director has reviewed the application and considered the proposal for an extension of vested rights under the applicable provisions of the Municipal Code as identified herein, and found the application to be consistent with the requirements of the Code; and, WHEREAS, the City Council has reviewed the application and considered the proposal for an extension of vested rights under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing; and, WHEREAS, the City Council finds that the proposal for an extension of vested rights meets or exceeds all applicable development standards associated with the request; and, WHEREAS, the City Council grants approval of the twQ-.year. extension of vested riahts. as proposed. RECEPTION#: 619190,04/2112015 at 12:05:11 PM, 1 of 2, R $16.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section l: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves an extension of vested property rights request for the Lift One Lodge Subdivision/PUD through November 28, 2018. Section 2: Conditions This extension of vested rights is conditioned upon the following two requirements: I . The applicant provide proof of a cost-sharing or reimbursement agreement with the South Aspen Townhomes property on the west side of South Aspen Street regarding improvements to the South Aspen Street right-of-way. 2. The applicant establish an agreement with the City of Aspen City Engineer regarding the logistics and timing of closing Gilbert Street, which may be based upon improvements being made to South Aspen Street by either Lift One Lodge or the South Aspen Townhome projects. These requirements shall be met within 180 days of adoption of this resolution. Section 3: All material representations and commitments made by the Applicant pursuant to the temporary use proposal as herein awarded, whether in public hearing or documentation presented before the 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 4.- This :This resolution shall not effect 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 5.- If :If any section, subsection, sentence, clause, phrase, or portion of this resolution 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. APPROVED BY the City Council of the City of Aspen on this 13 day of April, 2015. A est:AAW n 1 `I I tun .. �. Linda Manning, City Cl k Steve Skad on; ayor Approved as to form: l es R. True, City Attorney 2 RECEPTION#: 628735 04/21/2016 at 08:57:39 AM,EXHIBIT 1 OF 30, R $156.00 RESOLUTION / � RESOLUTION NO.2 Janice K. Vos Cau f (SERIES OF 2016) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVAL FOR A MINOR PLANNED DEVELOPMENT AMENDMENT TO A DETAILED REVIEW, GROWTH MANAGEMENT REVIEW, COMMERCIAL DESIGN AMENDMENT, AMENDMENT OF DEVELOPMENT ORDER, OTHER AMENDMENT FOR LOT 1 OF THE LIFT ONE LODGE SUBDIVISION/PLANNED UNIT DEVELOPMENT LOCATED ON PROPERTY COMMONLY KNOWN AS 710/ S. ASPEN STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2 735-131-01-001 WHEREAS, the Community Development Department received an application for the Lift One Lodge Aspen Subdivision and Planned Unit Development (the Application) from Lift One Lodge Aspen, LLC (Applicant), represented by Sunny Vann of Vann Associates, LLC for the following land use review approvals: • Planned Development — Detailed Review Amendment, pursuant to Land Use Code Chapter 26.445. • Growth Management Review — Commercial Development, pursuant to Land Use Code Chapter 26.470. • Growth Management Review — Affordable Housing, pursuant to Land Use Code Chapter 26.470. • Commercial Design Review - Amendment, pursuant to Land Use Code Section 26.412; and, • Conditional Use — Amendment of Development Order — Other Amendment, pursuant to Land Use Code Chapter 26.425; and, WHEREAS, the subject property is zoned Lodge (L) with a Planned Development (PD) Overlay; and, WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day of initial application — November 26, 2006, as applicable to this Project; and, WHEREAS, pursuant to Section 26.470.040.C.7, Affordable Housing, of the Land Use Code, a recommendation from the Aspen/Pitkin County Housing Authority is required and a recommendation for approval by the board was provided at their February 17, 2016, regular meeting; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the proposed Application and recommended approval with conditions; and, WHEREAS, pursuant to Chapter 26.445 of the Land Use Code, Planned Development - Detailed Review approval may be granted by the Planning and Zoning Commission at a duly noticed public hearing after considering recommendations by the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Chapter 26.470 of the Land Use Code, Growth Management Review — Commercial Development approval may be granted by the Planning and Zoning Planning and Zoning Commission Reso No. 2, Series 2016 Page) o1`4 Commission at a duly noticed public hearing after considering recommendations by the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Chapter 26.470 of the Land Use Code, Growth Management Review — Affordable Housing approval may be granted by the Planning and Zoning Commission at a duly noticed public hearing after considering recommendations by the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Chapter 26.412 of the Land Use Code, an Amendment to a Commercial Design approval may be granted by the Planning and Zoning Commission at a duly noticed public hearing after considering recommendations by the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Chapter 26.425 of the Land Use Code, an Amendment of Development Order - Other Amendment approval may be granted by the Planning and Zoning Commission at a duly noticed public hearing after considering recommendations by the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Chapter 26.304, Common Development Review Procedures, and Section 26.304.060.B.4, Modification of Review Procedures, all other necessary land use reviews, as identified herein, have been combined to be considered by the Planning and Zoning Commission at a duly noticed public hearing after considering recommendations by the Community Development Director, and relevant. referral agencies; and, WHEREAS, such combination of review procedures was done to ensure clarity of review, was accomplished with all required public noticing provided as evidenced by an affidavit of public noticing submitted to the record, and the public was provided a thorough and full review of the proposed development; and, WHEREAS, the Planning and Zoning Commission reviewed the Application at a duly noticed public hearing on February 2, 2016, and continued to March 1, 2016 and March 15, 2016; and, WHEREAS, during a duly noticed public hearing on March 15, 2016, the Planning and Zoning Commission approved Resolution 2, Series of 2016, by a six to zero (6-0) vote approving the Lift One Lodge Application and all necessary land use reviews, as identified herein, with the recommended conditions of approval listed hereinafter. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMNUSSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1:APProvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves the Lift One Lodge Subdivision/PUD — Planned Development Amendment — Detailed Review approval, Growth Management — Commercial Development approval, Growth Management — Affordable Housing approval, Commercial Design Review Amendment approval; and Conditional Use approval; subject to the conditions of approval as listed herein. All conditions outlined in all previous approvals remain valid and in effect except as modified herein. Planning and Zoning Commission Reso No. 2, Series 2016 Page 2 of 4 Section 2: A roved Dimensions Minimum Lot Size 41,268 sq ft (changes because of surveying error) Minimum Front Yard Setback East Wing: 1 ft West Wing: 6 ft Minimum Side Yard Setback East Wing North: 6 ft East Wing South: 4 ft West Wing North: 5 ft West Wing South: 4 ft Minimum Rear Yard Setback East Wing: 12.67 ft West Wing: 2 ft Maximum Height Per height Plan, measured from interpolated grade East Wing: 29.3 — 43.75 ft West Wing: 24.9 - 53 ft Total Floor Area 1.95:1, 76,123 sq ft Lodge Floor Area 1.16:1, 45,118 sq ft Commercial Floor Area 0.13:1, 5,220sq ft Non -Unit Space Floor Area 0.33:1, 12,684 sq ft Free -Market Residential Floor Area 17% of lodge FAR (0.33:1), 13,101 sq ft Total Parking 163 spaces Lodge Parking 66 spaces Commercial Parking 24 spaces Free -Market Residential Parking 5 spaces Affordable Housing Parking 8 spaces Public Parking 50 spaces Private Lodge Members Parking N/A Other (Neighbors) 10 spaces Section 3: Growth Management Allotments The following growth management allotments are granted to the Lift One Lodge Subdivision/PD: a. Commercial Net Leasable - 18,413 sq ft generating 55.84 FTEs Final net leasable square footage and associated FTE generation shall be verified by the zoning officer and FTE mitigation requirements adjusted, as may be required, during building permit review. Section 4: Affordable Housing The applicant has committed to providing 100% mitigation for the FTEs generated by this amendment. The 55.84 FTEs generated by this amendment may be satisfied through the provision of off-site units, housing credits, or fee -in -lieu (only for a fraction of an FTE). The provision of fee -in -lieu for more than a fraction of an FTE shall be subject to an additional review and approval by City Council. The mitigation method shall be represented at the time of building permit submittal for the lodge building. Any off-site units shall be reviewed and approved by APCHA Planning and Zoning Commission Reso No. 2, Series 2016 Page 3 of 4 (and receive any required land use reviews) prior to issuance of the building permit for the lodge building. All FTEs generated by the original approval remain subject to the terms and conditions outlined in Ordinance 28, Series 2011. Section 5: Planned Development — Detail Review The materials and architecture as represented at the March 15, 2016 Planning and Zoning Commission meeting, and attached as Exhibit A, are approved. Minor changes to the interior floor plans, shown in Exhibit A, shall be permitted during the building permit process without additional review. Section 6: Subdivision/PD Plat and Agreement The Applicant shall amend the Subdivision/PD agreement (hereinafter "Agreement") that meets the requirements of the Land Use Code within 180 days of this approval. The recordation documents shall be submitted in accordance with the requirements of Section 26.490 Approval Documents of the Land Use Code. Section 7• All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, or the Planning and Zoning Commission are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions or an authorized authority. Section 8• This Resolution 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 9• If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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. FINALLY, adopted, passed and approved this 15th day of March, 2016. proved as to form: Deborah Quinn, Assistant City Attorney Attest: Cindy Mob, Records Manager Attachments: Exhibit A: Approved Plans as to cont: C Keith G'Q6de, Chair Planning and Zoning Commission Reso No. 2, Series 2016 Page 4 of 4