Loading...
HomeMy WebLinkAboutagenda.council.regular.20070312 CITY COUNCIL AGENDA March 12,2007 5:00 P.M. I. Call to Order II. Roll Call III. Scheduled Public Appearances a) Outstanding Employee Bonus Awards b) Proclamation - Shining Stars IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT on the agenda. Please limit your comments to 3 minutes) V. Special Orders of the Day a) Mayor's Comments b) Council member Comments c) City Manager Comments d) Board Reports VI. Consent Calendar (These matters may be adopted together by a single motion) a) Resolution #15,2007 - Y:z Cent Transit Sales and use Tax Budget b) Resolution #16,2007 - Fee for Services Agreement with Lockton, Health Care Services . c) Resolution #17,2007 - Smuggler Park Water System Acquisition and Acceptance d) Resolution #19, 2007 - Joint Planning Agreement - Zupancis Property e) Minutes - February 26,28,2007 VII. First Reading of Ordinances a) Ordinance #6,2007 - Change in Use - Isis GMQS P.H. 3/26 b) Ordinance #7,2007 - Urban Wildfire Code Amendment P.H. 3/26 VIII. Public Hearings a) Ordinance #45,2006 - Historic Designation 312 West Hyman b) Ordinance #5,2007 - Lodge at Aspen Mountain PUD/Subdivision IX. Action Items a) Resolution #18,2007 - Ballot Language - Bus Lanes Between Buttermilk and the Roundabout X. Executive Session XI. Adjournment Next Regular Meeting March 26, 2007 COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M. 'I' a... . THE CiTY OF ASPEN March 12, 2007 OFFICE OF THE CITY MA)\;AGER Paul Menter Finance Director City of Aspen 130 South Galena Street Aspen, CO 81611 Dear Paul: Congratulations! This is to let your know that your nomination for an Outstanding Employee Bonus Award has been approved, and you will receive this award at the March 12, 2007 City Council meeting. Please plan to attend. Your work on the Isis Memorandum of Understanding is to be commended. The countless hours spent working with Filmfest, Isis LLC group, representatives of the financial markets and other City staff paid off with an agreement that would preserve Aspen's only movie theatre. You spent hours, days, even weeks preparing financial analysis and in meetings and often spent weekends and evenings talking with the parties, listening to their concerns and negotiating solutions. I don't think a day went by without you taking to one or more of the parties involved. Through all of the long meetings, negotiations, tense moments, and frayed nerves, you were professional and calm. You are truly an asset to the City of Aspen and deserve to be recognized for your diligence and dedication in assuring Aspen will continue to have a movie theatre for years to come. il/fJ Stephen Barwick City Manager Aspen, Colorado 130 SoUTH GALE:'>JA STREET . ASPEN, COLORADO 81611-1975 . PHom 970.920.5212 . FAX 970.920.5119 Printed on Re.:ycled Paper MEMORANDUM V\L TO: Mayor and City Council THROUGH: Randy Ready, Assistant City Manager FROM: John D. Krueger, Director of Transportation DATE OF MEMO: March 5, 2007 MEETING DATE: March 12,2007 RE: Supplemental EOTC 2007 1/2% Transit Sales and Use Tax Budget SUMMARY: Attached for your review and approval is a resolution and budget which, if approved, would authorize the following supplemental 2007 EOTC 1/2 cent transit sales and use tax budget: Buttermilk to Roundabout Bus Lanes, fmal design $500,000 RFTA BRT Implementation Plan, matching funds up to $200,000 *See attached 2007 budget and multi-year plan PREVIOUS COUNCIL ACTION: This resolution and the corresponding supplemental budget reflect the decisions made by the Elected . Officials Transportation Committee (EOTC) at its February 15, 2007 meeting. City Council as a member of the EOTC approves the EOTC annual budget each year and any additional funding requests as they are presented. Council also, previously directed City Staff to proceed with this funding request at a January 30, 2007 work session. DISCUSSION: The EOTC at its February IS, 2007 meeting approved the funding request in the amount of $500,000 for the design of the 1.2 mile section of roadway with bus lanes from Buttermilk to the Maroon Creek Roundabout. The EOTC also approved the RFTA matching fund request up to $200,000 for the BRT Implementation Plan start up. BACKGROUND: The City of Aspen as a member of the EOTC is required to approve the Supplemental Budget by resolution. Each other member of the EOTC is also required to approve the Supplemental Budget by resolution or ordinance before the budget can be considered adopted. FINANCIAL IMPLICATIONS: There are no financial implications to the City as these are EOTC 1/2% Transit Sales and Use Tax funds and not City funds. 1 C:\Docu1l1cnts and Settings\johnk\Local Settings\Temporary Internet Files\OLK6\07EOTC Aspen sup bdgt (2).doc RECCOMENDATION: Staff recommends that Council approve the attached resolution to approve the supplemental 2007 EOTC 1/2% Transit Sales and Use Tax Budget. ALTERNATIVES: Council can decide not to approve the supplemental 2007 EOTC Budget and send it back to the EOTC for further discussion and approval. PROPOSED MOTION: "I move to approve Resolution # J 0 to approve the supplemental 2007 EOTC Budget." CITY MANAG~MMENTS: . < -c-7,u, n.. Q. ("l5~ 2 C:\DocuI11cnls and Settings\johnk\Local Settings\Temporary Internet Files\OLK6\07EOTC Aspen sup bdgt (2).doc RESOLUTION NO. 15 SERIES OF 2007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A SUPPLEMENTAL 2007 BUDGET FOR THE PITKIN COUNTY 1/2 CENT TRANSIT SALES AND USE TAX WHEREAS, the Aspen City Council, the Pitkin County Board of County Commissioners and the Town Council of Snowmass Village (the "Parties") have previously identified general elements of their Comprehensive Valley Transportation Plan (the "Plan") which are eligible for funding from the Pitkin County one-half cent transit sales and use tax; and WHEREAS, by intergovernmental agreement dated September 14,1993, the Parties agreed: a. to conduct regnlar public meetings to continue to refine and agree upon proposed projects and transportation elements consistent with or complimentary to the Plan; and b. that all expenditures and projects to be funded from the County-wide one-half cent transit sales and use tax shall be agreed upon by the Parties and evidenced by a resolution adopted by the governing body of each party; and WHEREAS, at a public meeting held on February 15, 2007, the Parties considered and approved the following supplemental budget requests for the year 2007 for the Pitkin County one-half cent transit sales and llse tax: a. $500,000 for final design and construction drawings for bus lanes between Bnttermilk and the Aspen roundabout; b. Up to $200,000 to match dollar for dollar other contributions to RFTA to complete the Bus Rapid Transit Implementation Plan; and WHEREAS, the City of Aspen wishes to ratify the approval given at the February 15th meeting by adoption of this resolution. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Aspen, Colorado, that the following supplemental 2007 one-half cent transit sales and nse tax expenditure budgets are hereby approved: Buttermilk to Roundabout Bus Lanes, final design RFT A BRT Implementation Plan, matching funds up to $500,000 $200,000 RESOLVED, APPROVED, AND ADOPTED this 12th day of March, 2007, by the City Council for the City of Aspen, Colorado. Helen Kalin Klanderud, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk, do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held March 12,2007. Kathryn S. Koch, City Clerk 3 C:\[)ocuments and Settings\johnk\Local Settings\Temporary Internet Files\OLK6\07EOTC Aspen sup bdgt (2).doc ..... Q) OJ -0 ::J CD r--- o o N .... o o N . f/l '" - o Z CD o o N Cl l: "C l: ::l LL. ... (J Ql ..... e ... 0.. ... rJ) l: CO ... ~ U ~ o w 0000 0000 0000 r---.~ 0 cri cD NN<O...... O~ l..{) <.0 N_ ..,. '" OOv"d'" OOCOCO 00 M M mOMN ;m......com t I,{)_ L[) l..{) CO_ '" ..,. Id 'H ao":ITN N E en t/t_ - 0 Q.) w,............ u ~ u'c~.S ::J 0::; c c..... 0 ,:::)i::l :J C (j) 0'* 0 0 Q) 'c.QlU U.s.!: ;Ir., C C (j)"'C C)i:52 ~ Q.) c Z\~ ~ E:::J 0\ a. a. - :: z; co :::)"; -- --- -- 0 LL:;i'i C'C ..c U I- JM0ii1 COtOOO ,......-.:;tOO ,..........00 air-:<!io M.q-......1!) o o CO o N o o '" <Xi ~ ~ ~o COO ..,.0 MO CD N N..,. ri "0 ~ III i: $! c:- ~ III () "0 ~ III i: $! c:- ~ III () "0 ~ III i: $! c:- ~ III () ......OOQ.q-coooo CO('l')OOQ)l,{)OO('f) OCDOOOmOO<D NMLn-OT"'"-Ociocri' MC\I......LnCOMC\lO...... ......N C"')Q) N- N 000 000 000 caria OCDO ~ ~ N J!3 ~ V> .(3 o III () U. Ol C Q) ~ U =~ X ~ Q) c (/) en oi:Sg- ~ -EW ~ Q) "'ffi l/') Q.) C .- LL (/) :::J lJJ:Je""ffi ome 0 .~ ctI C Q) en :o:::;:::E Q) C U- "T .r=.cE Cl:looQ.Q) .S C'J a.. CO ?F. -g:J CJ) C. en Q) cl ~~ :Jco<(~m "0 .ceca...... OcO....o .5-c Q)oo.....c.-IDu.Q.)-Q)ou E .0 Q) .- "00 0 (/J C. ..... <( -g~ .~~ffi.E~E.Q.g:~~oij ~~_ >-c c.c.~-.::to"Om.......:= 5 Q) (/)'"V(/):QQ)~~c: 'l...'t:::~ct:::c: 1il-E~2:~ Q) C'JC'J~o:;.g,8.LLW'E~ 8 a.::JC>cc.....-J::VJe:::Q)W..... C'J E (J) :'2 .- .- Q) C C "- J:: L... '00 CE L...-c:-t::cno"l:t coo"'" Oc: o _":;:' 7.i5 III ro ro co .- l... L... - - - ro t5 c t" c: .:::t. a. a.:= "5 .E I- a. 0 lZ ..... ~ 0)_ co Q)~.:::t.>:9..c: ~~ C 0)1- o "w rn .:= ~ Q) Q) en .:= 0 :J 0 .2 0 W ~~ 0. UJQ) 0 ~ ~ ~ erne om e ~ x 0 cuuE8EQ).c.:!C.- co Ut) E OJ::J:: =:,...........0 '-Q) III ()CIl "'Q.) coo(/)(/):>.......c >==c <D'O' (/) <.9 :;. :J :J 0 I- co ;:: ;:: Q.)..o ';:;:0 (/) '- :J I 'U '- '- C ~ '- Q.) Q.) Q.) :J 'U :Ja.lDX:2lDlDCIlo::e>ZCIlo::a.:2 ;:-NM::;;:-U1CCj:2roo)O;:-NM~U1 ~,....,....,.... ,....,.... 00'" 000 00.... O'O'LO 00.... "'N<D .f "0 ~ III i: $! c:- ~ III () o o o <Xi ~ '" o - Q. c '" Cllll .- 'tl III C '" '" "0... ia c c l;::::E 0,2 '" co iij E ...Ie: III co "'-"- OJ _ c '" 0 wo+:: -,cco f/l co- '" 'tl C '" c '" C"",E '" 0 '" ll::ll::a. ia 0 E - -- ;~I- ~ 'E g; 'Q.;<(/) Q. :s:: I- Q) :::::I :::::I LL. (/) lIlOJll:::J I9 CD,..... 0 ..........1- '" Ol "'- N '" '" cD '" Ol N o ..,. '" '" .... .... N CD Ol ~ ~ 0;- o 0_ o ~- o co ..,. N N ..,.- ~ ~ ~ ~ E u u: w e. - CIl ::J ...I a. 0:: ::J CIl ...I <{ :J Z Z <{ U l- e w l- t) u: W D en :J ...I a. 0:: :J CIl W > j:: :::s :J :2 ::J U U I- o w f/l X c5, .c c. ::J f/l U f- o W .... o .... o o N .9 "E III i: $! "0 Q) 'C ~ III () Q) .c = .:;: <D o o N E e ... ID Ol "0 ::J .c C Q) c. <Jl C ::J >, C III Cii f; f/l C III Q) E 'E III i: $! f/l .sl c:- o ro ~ :0 .... o o N ;;:: M c C1l Cl.. '- C1l (J) >- I :.::; ~ ::2: " .!!! e.. 0000 0000 0_0_0_0_ ...-MMt'--- t.(')(,Q~LO 0'>_lC) t--- N_ "" CD " '" c:: 0000 0000 0_ 0_ 0_ O~ N N 1'-...... OL()L()'I"""" f'-._ L[) CD 0)_ "" '" " a> .!!! 0 e.. ~ 0000 0000 0_0_0_0_ L{)......cnlO <0 '<::t 0...- ..;;t"_LO t-- 1'-_ "" '" 0000 0000 0000 0- ci u1 u1 "<;f"MO'l(o Nl()c.Q'V .q- u1 " '" c:: - .... Q) o OJ O'tl '" " m 0000 0000 0000 "':o~a)cD NNCDT"" OL()U)N ~ U; CD o o '" OO'<:t":t 000000 O_O_C"'1_C"'1 mOMN O)T'""COO'> L() LO t.(') <0_ C"J "" Cl t: "t:l t: ::l LL - (.) (J) .... o ... a.. x 1ll x oo.!!! .!!! 0> '" 00 00 " ?f.cf?- VJi~ ~ W~~ u>.>. "f'C C :;:)i::J ::J 0" 0 0 (/),0 0 ,,",.S .~ Z1E :2 CiiD.. 0.. Z :J. u. - tIl t: CO ... I- U l- e w u 00 'E o<:S 0> E 00 o 0> U l::! .S ::J o cUJ 0> Cl E .!: Ul"O 0> " > => "u. ro ro-:OoO I-- C"J 0 C"J 0) C"'1_ N_ "" '" '" ~ 0_ "" ....o~ 0) 0 0 C"JO'" ""roo "''''~ o)exl N M~ .... 0 CD O)OC"J ,,"0,," NOcO "''''~ .... CD NM ",OCD "'00) CD 0 0 ~N<6 "'~'" "'''" M "CO"CT""O <<;o;c:oo ,. "'0. ,. '<t 0 c C;MO .2N.2~~ ~ ~M .. .. '" '" u u exlO "'0 0)_ o~ ~ 0 0 CD"'''' ~ '" N 000 000 000 ci If)-O OCDO ~ ~ '" 'tl .. '" ~ .2 ~ .. '" u O'tl o .. '" '" cO~ ::,2 ~ .. '" u 00 0'" OCD oeD o ~ "'''l. '" ~ 0> .;: ~ E .g fn ~ ~ U} co 8:5 ~ ::J ~~ Q) 2 +: E c..l co =~t.(')x as .9 Q) u::i co c: CI) V) 06 a..~... sw- ~ t:) 0_00 c: ::J ::JQ) Q.)C6~~ c,rnu. en .!!2:g ~~~m ~:2:a5c:i3 ~~ cnCL ffi~?f. "0 ~~~(J) Q)""""C' >~ SCC <(oo::! ",o1.Cc:CO...- OeD CJ .~ ~ g ~ .~ .~ Q.E 0 ffi ~ ~ ; .s ~ "CcoNCec ~::JO(/)gQ)06 (IJ u-"a,m co::o ..o+:;<( co u _ >.C o.x Q..-"':::t"0'tl "'<(-= 5 Q) ilo<:Soo3;2Ql x~ "....'t::L-""t::'C cn"';-">(/)Q)Q)Q) .......oo.-w-ca o E~..c ~O'lC>~o;) >.a.LL. wC..J U .....::J.....'cc--.r::.cnll:::Q)... C'lEVJ:2,-'-a>c c'-J::.....V,j C E.-.__);;-c-c Olo-.:t co o-s C .Q :>.. ~ co co co.- L... L... '+"- '+- CI:I 13 c.... ~ ~ c. c.::= '5 0 I- c. 0 (/) L... a.> O'l~ CI:I Q).;:t;.;:t;>:e~ ~~ Co 001-- ~u "~ rn ~ ~ Q) Q) (/) ~ 0 ~ 0 "- ~ - ~ c.~O ~ ~ (/) crne orn e m X13.9 E gOO E 8 E Q)J::.2 c.i;5 ~Q)oorooJ::J::::<(_oQ;~g Q) "0 00(9 L... ~ ~ ot:- ~ 3: 3: Q)..co~ 00, ~ ro L... L... C ~ L... Q) 0> 0> => w :Jli:ii5x::!;mmUJo::e>zUJO::e..::!; ~NM:;;:-LOU)r:::-OOo)O~NM:;;:-LO T""" T""" T""" T""""'" T""" 00'" 000 00.... oollf 00.... "''''CD .f o o o 00 ~ '" o - C ::J OJ.. Ow -g -8~ c;; C C ~:c ui'~ Q) '" :ii E ..J c: .. '" ::J- me.. _ C ::J 0 cno; u;.cJ9 ., '" C ::J'tl Q) <TcE Q) ::J Q) ~~c. '" 0 E --- C""I- Q)-~ E'- ~ .,Em c.t<( 00 0.:1:1-0> ~ ::::J u.. 00 (/)mD:::J ro iDt--o ~~I-- o C"J '" .n '" ~ .f C"J "" C"J 00 C"J 0), CD '" exl "'- ~ '" ~ CD 0) '" C"J_ CD '" ~ .f '" 0) C"J N '" '" 00 o .... ....- "" '" "<- CD CD "'- "" ~ 00 x -S, .0 0. => 00 o I- o W .... o ~ o ~ '" M '<t '" .n '" 0, ~ ~ ~ ....- 0) C"J '<t_ ~ ~ N exl C"J 00 C"J ~ '<t '" o .n CD '<t N ~ ~ CD co cO '" "'- ~ CD C"J '<t, ~ o "'- C"J ~ '" a> '" o '<t '" '" .... .... N CD "'. ~ ~ m o ~ o '<t exl_ o exl '<t_ '" '" ""- ~ ~ s E u u:: w g - UJ ::> -' c- o:: ::> UJ ..J <( :J Z Z <( o I-- o W t: u u:: w Cl (jj :J -' c- D:: ::> UJ w > f= <l: -' ::> ::!; ::> o u I-- o W .... o o '" ;;:: - '" MEMORANDUM Vlb TO: Mayor and Council Alissa Farrell, Human Resource specialistp FROM: THRU: Rebecca Doane, Human Resource Director DATE OF MEMO: March 1,2007 MEETING DATE: March 12,2007 RE: 2007 Health and Welfare ConsnItant Fee for Service Agreement SUMMARY: The City of Aspen Human Resource Department is requesting approval of the Fee for Services Agreement with Denver Series of Lockton Companies, LLC (herein after referred to as 'Lockton'). Annually, Lockton services cost $42,000. See attachment A "Fee for Services Agreement City of Aspen and Denver Series of Lock ton Companies, LLC." For 2007, the City of Aspen city wide insurance fund has allocated $42,000 in appropriations for a Health and Welfare Consultant. The Human Resources Department is requesting approval of the Lockton Agreement as a sole source acquisition based on section 4.12.050 item 2, of the City of Aspen's Municipal Code: although there exists more than 1 responsible source, a competitive process cannot reasonably be used or, if used, will result in substantially higher cost to the city, will otherwise injure the city's financial interests, or will substantially impede the city's administrative functions or the delivery of services to the public. Our request for sole source designation is outlined in attachment B, in an email to John Worcester, City Attorney, and dated November 21, 2006. John Worcester approves the request to sole source this item for professional services. PREVIOUS COUNCIL ACTION: None BACKGROUND: The human resources department initiated a request for proposal in 2006 to obtain a qualified health and welfare consultant. Lockton was chosen for 2006 and assisted the human resources department with the administration of City's health plans in the following manner: . Conformance with all relevant laws and regulations . Maximum financial efficiency through a comprehensive plan and funding analysis . Assurance of vendors providing benefits services that meet city's performance standards . Innovative and strategic plan analysis and design 1 . Assistance in timely and qnality transition plans with new vendors for 2007 This 2007 fee agreement is an extension of the results from the 2006 Health and Welfare Request for Proposal. In support of the city preserving a quality and financially stable health plan, it is necessary to continue Lockton' s services for expansive work from 2006 and for 2007 customized services. DISCUSSION: In order for the City to maintain a comprehensive and successful benefits plan, it is necessary to continue services with Lockton. Lockton has assisted the City in the mitigation of costs and risks and has helped to provide a smooth benefits transition for 2007. FINANCIAL IMPLICATIONS: For 2007, Lockton's professional services cost $42,000. ENVIRONMENTAL IMPLICATIONS: Lockton would provide recommendations to continue to reduce the usage of paper options thus providing energy efficient alternatives. For example, Lockton uses technology enhancements snch as optional on-line open enrollment for the city's health plan therefore expediting plan administration while decreasing paper nsage. RECOMMENDATION: The Human Resources staff recommends approving the 2007 Lockton Health and Welfare Agreement. AL TERNA TIVES: The alternative for the City of Aspen would be to function without a Health and Welfare consultant. After careful analysis this is not recommended for a number of reasons, one of which is the inability for the human resources department to provide a financial analysis through actuarial services. The Lockton actuary is able to provide assistance in establishing the health plan's budget, monitoring financial performance, and developing premiums and reserve fund recommendations. Fnrthermore, the Lockton Agreement would secure assurance that benefits offered are in compliance with regard to federal and state requirements, and are competitive and cost effective through appropriate plan design. An additional option would be to initiate another request for proposal for 2007 health and welfare services. Since Lockton provided exceptional services in 2006, has already received 2006 and 2007 health plan data and has reviewed all of the health plan documents, the recommended option is to move forward with Lockton for 2007. PROPOSED MOTION: "I move to approve Resolution # 10., outlining fee service agreement for $42,000." CITY MANAGER COMMENTS: ~L" "~ ~ Notes: 2 RESOLUTION NO.! r;, Series of 2007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A FEE FOR SERVICES AGREEMENT FOR A HEALTH AND WELFARE CONSULTANT, BETWEEN THE CITY OF ASPEN AND DENVER SERIES OF LOCKTON COMPANIES, LLC, AND AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a fee for Services Agreement for a Health and Welfare Consultant, between the City of Aspen and Denver Series of Lockton Companies, LLC, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that Service Agreement for a Health and Welfare Consultant, between the City of Aspen and Series of Lockton Companies, LLC, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the Mayor or City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the _ day of ,2007. Helen Kalin Klanderud, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. Kathryn S. Koch, City Clerk G:\tara\RESOS\hr .consultant.doc Attachment A Fee for Services Agreement City of Aspen and Denver Series of Lockton Companies, LLC This Agreement made and entered into effective as of this 1st day of January, 2007, by and between City of Aspen having offices at 130 South Galena Street, Aspen, Colorado 81611' (hereinafter referred to as Client) and Denver Series of Lock ton Companies, LLC, having offices at 8110 East Union Avenue, Suite 700, Denver, Colorado 80237 (hereinafter referred to as Lockton). Client wishes to procure certain services that can be performed by Lockton; and Lockton can provide and desires to render to Client such services; and The parties agree that it would be to their mutual advantage to execute this Agreement and thereby define the terms and conditions that shall control the rendering of services provided to Client by Lockton. Now, therefore, in consideration of the foregoing recitals, the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: I. Service Period A. This Agreement will be in effect for a period of one (1) year from the date hereof unless earlier terminated in accordance with the provision of the Agreement. This Agreement will automatically renew annually unless terminated with thirty (30) days written notice by either party. B. If this Agreement is terminated, either prior to or at the expiration of the term, and the parties fail to execute a new Agreement, all services will be discontinued as of the date of such termination, provided, however, Lockton shall use its best efforts to complete all services commenced prior to such termination and shall 18458: S:\Active Accts\City of Aspen\Benefits\2007\Contracts\Fee Agree\Fee Agreel206.doc December 28, 2006 . I bill Client for the completion of such services, on a pro rata basis, in accordance with the fees set forth in this Agreement. 18458: S:\Active Accts\City of Aspen\BenefitsI2007\Contracts\Fee Agree\Fee Agreel206.doc December 28, 2006 . 2 II. Service Fee A. All consulting and/or risk management/insurance services provided by Lockton as set forth in Addendum A will be performed for an annual fee of $42,000. Client acknowledges that this fee may be in addition to certain incentive compensation including contingency payments and bonuses which Lockton may receive as a result of being Client's insurance broker as well as commissions from insurance companies, other intermediaries or other third parties (collectively, "Additional Compensation"). Client consents and agrees to Lockton's ability to receive such Additional Compensation under all circnmstances. Notwithstanding any provision of this Agreement to the contrary, Lockton agrees that it will seek to have all placements made on a net basis. In the event a carrier will not comply with this request or it is not in Client's best interest, any such commissions will be disclosed to Client and either deducted from the preminm billed to the Client, in the case of agency billed placements, or, in the case of direct billed placements, returned to the carrier with the request that the carrier either credit the commission amount towards Client's preminm obligation or return it directly to Client. If any carrier refuses to credit or return commission on a direct billed placement to Client, Lockton will return the commission directly to the Client. In addition, although Lockton does not receive any Additional Compensation from any carriers on Client's program as of the effective date of this Agreement, in the event Lockton may receive any other Additional Compensation from a carrier on Client's future program, Lockton agrees that it will request that the carrier remove Client's placements from the calculation of any such Additional Compensation. In the event any carrier will not comply with this request, Lockton agrees to disclose to Client the terms of any agreement by which Lockton may receive Additional Compensation. In addition, in the event Lockton indeed receives any Additional Compensation attributable to Client's placements, Lockton will attempt to return any such compensation to the carrier with the request that the carrier either credit the commission amount towards Client's premium obligation or return it directly 18458: S:\Active Accts\City of Aspen\Benefits\2007\Contracts\Fee Agree\Fee Agree1206.doc December 28, 2006-3 to Client. If any carrier refuses to credit or return the Additional Compensation to Client, Lockton will return the Additional Compensation directly to the Client. Client acknowledges and agrees that any contemplated commission deduction, premium credit request or retnrn of commission or Additional Compensation to a carrier or to Client will be done to accomplish and maintain the total agreed-upon compensation to Lockton and is not an indncement to purchase or renew coverage through Lockton. B. The fee will be paid based on the following payment terms: $3,500 to be billed and paid monthly with payment due within thirty (30) days of receipt of Lock ton's billing. C. Payment of all invoices submitted under this Agreement will be made within thirty (30) days. D. If the term of this Agreement or the extension of services is for more than one (1) year, the annual service fee will be adjusted for each subsequent annual service period based upon corresponding increases in the Consumer Price Index. 18458: S:\Active Accts\City of Aspen\Benefits\2007\Contracts\Fee Agree\Fee Agreel206.doc December28,2006-4 III. Services A. It is hereby understood and agreed that in consideration of a fee in an amount set forth above that Lockton will provide consulting and/or risk management/insurance services which are outlined in Addendum A, which is attached to and made part of this Agreement. S. It is further agreed that other risk management services may be undertaken that are outside the foregoing scope of services by mutual consent, which consent may be verbal provided that it is subsequently acknowledged in writing by either or both of the parties. Amendments may be made to this Agreement as deemed appropriate by both parties. C. When, in Lockton' s professional judgment, it is necessary or appropriate, Lockton may utilize the services of other intermediaries or other appropriate outside vendors to assist in the servicing and marketing of Client's insurance/risk management programs. However, this may only be done after consultation with and prior approval by Client. IV. Termination of Services A. Should Client designate a broker other than Lockton as its broker of record at any time subsequent to the date of this Agreement, all efforts by Lockton shall cease and no further payments shall be due to Lockton by Client. Furthermore, should the Client determine that Lockton has not fulfilled its obligations under the terms of this Agreement, Lockton's most immediate prior monthly payment shall be forfeitable. V. Additional Obligations of Client/Confidentiality A. Client shall provide Lockton with reasonable cooperation and assistance necessary for Lockton to fulfill its responsibilities to Client pursuant to the terms of this Agreement, including, without limitations, copies of all documents reasonably requested by Lockton and the cooperation of and access to certain of Client's personnel. 18458: S:\Active Accts\City of AspenlBenefits\2007\Contracts\Fee Agree\Fee Agree1206.doc December 28, 2006 . 5 B. Lockton acknowledges that the nature of its relationship with Client is one in which Client shall entrust Lockton as the custodian of certain of Client's information, some of which may be of a confidential or proprietary nature. Lockton shall undertake all reasonable efforts to maintain the integrity of all of Client's information, whether or not such information is confidential or proprietary . VI. General Conditions A. Neither party shall assign the rights nor duties herein set forth without the prior written consent of the other party. B. The terms and conditions of this Agreement, and the previously executed Business Associate Agreement, shall constitute the entire Agreement between the parties with respect to the subject matter hereof. Subject to the provisions of Section III. B, this Agreement shall not be amended except by a written amendment signed by both parties, and no promises, agreement, or representations not herein set forth shall be of any force or effect between them. This Agreement shall serve to terminate and supersede all agreements and undertakings heretofore entered into between the parties on subjects covered by this Agreement. C. Lockton and Client shall indemnifY, defend, and hold one another, their directors, officers, employees, agents, and representatives harmless from and against any and all claims, damages, losses, or expenses (inclnding such parties' reasonable attorney, accountant, and expert witness fees and costs) incnrred by one party as the result of (i) a material breach by the other party of any of its obligations under this Agreement or (ii) any willful or negligent conduct of the other party. D. Any communication or notice required or which may be given hereunder shall be addressed to Client and to Lockton at their addresses set forth in the preamble hereof. E. This Agreement shall be governed for all purposes by the laws of the state of Colorado. 18458: S:\Active Accts\City of Aspen\BenefitsI2007\Contracts\Fee Agree\Fee Agreel206.doc December 28. 2006 . 6 In witness whereof, the parties hereto have executed the Agreement in duplicate intending each copy to serve as an original as of the day and year first written above. DENVER SERIES OF LOCKTON COMPANIES, LLC BY: DATE: Mark A. Bundy, Executive Vice President and Chief Operating Officer CITY OF ASPEN BY: DATE: 18458: S:\Active Accts\City of Aspen\Benefits\2007\Contracts\Fee Agree\Fee Agree1206.doc December 28, 2006-7 Addendum A - Services Employee Benefit Consulting and Brokerage 1. Managing the Third party Administrator . Ensuring that run-out claims that are to be paid by Mountain States Administrators (MSA) are handled in a cost efficient, accurate and timely manner; . Coordinating the set-up with Regional Care Inc. (RCI) so that new benefit claims will be adjudicated accurately and all clean claims paid within fifteen days of receipt; . Assisting the HR department and city of Aspen employees in the resolntion of claim questions or problems; . Ensuring that monthly claim reports are accurate from MSA and RCI and during the run out period and that these reports are received within thirty days of the close of the prior month. . Providing claims process reviews as deemed appropriate by the city of Aspen. II. Plan Maintenance. Design. and Compliance . Oversight of the revisions to the City's Health Plan document to ensure that all required changes are made, and that the resulting document is up to date with regard to federal requirements (HIPAA, COBRA, Medicare Part D, etc.); . Providing compliance reviews as necessary; . Communicating information regarding relevant legislation and regulations, and trends that may affect cost and coverage and provide immediate plan recommendations. . Assisting the Human Resources Department to ensure that all necessary HIP AA safeguards are in-place, as required by federal law; . Reviewing the revised plan documents and providing Human Resources with suggestions for changes, and improvement, which will ensure that the benefits being provided are both competitive and cost effective; . Suggesting additional plan revisions that may be appropriate to enable the City's benefit plans to be in-line with advances in medical science. . Assisting with open enrollment presentations at the same level of qnality and productivity the city of Aspen received in 2006. . Offering at least one member of Lockton's consulting team to respond to any call or inquiry, from the HR team or from any member of the City's senior management within 24 hours. 18458: S:\Active Accts\City of AspenIBenefitsI2007\Contracts\Fee Agree\Fee Agreel206.doc December 28, 2006 . 8 III. Local Contracting . Assist the City in evaluating the opportunities for local contracting with physicians, optometrists, dentists, etc. so that the plan's panel of participating providers will be adequate and appropriate to serve the needs of those covered; . Provide the City with input on the various local contracting options and their financial value to the plan. IV. Plan Operations . Assist the City in setting fully insured equivalent rates for the purposes of developing employee contribution levels, cost differentials between plans, and COBRA continuation rates; . Provide actuarial assistance and guidance where necessary in setting and negotiating rates; . Provide benefit and cost benchmarking reports so that Human Resources can evaluate the level and type of benefits being provided vs. other, similar public entities in Colorado; . Assist the City in renewal negotiations with stop-loss vendors, obtaining alternative competitive bids, and recommending appropriate renewal strategies; . Assist the City in the renewal negotiations with all plan vendors to ensure that such rates or fees are appropriate and competitive (e.g., provider network; Third Party Administrator; Flex-Benefit Plan Administrator, etc.). V. Reporting . Work with the City's Director of Finance to develop a reporting format and schedule so that appropriate financial reports are available to assist in the management of the plan; . Assist the City's Director of Finance to develop a monthly budget for the health and welfare plans so that monthly expenditures can be monitored against this standard; . Prepare monthly Aggregate Accounting Reports to track claims, identify large claims, and to monitor plan expenditures to budget; . Research and review reported large claims and report these emerging costs to the Director of Finance, and Human Resources; . Prepare a full plan review once prior to the plan's renewal, mid-year and again at year-end so that claims costs can be monitored, large claims tracked, and plan costs can be compared to those in prior years. . Identify trends through claims analysis and provide cost containment recommendations. VI. Special Proiects . Investigate creative opportunities for enriching plan benefits through unique and innovative cost management and plan design strategies. 18458: S:\Active Accts\City of Aspen\Benefits\2007\Contracts\Fee Agree\Fee Agree 1206.doc December 28, 2006 - 9 Attachment B From: John Worcester Sent: Tuesday, November 21, 2006 3:32 PM To: Alissa Farrell Subject: RE: Status of Contract for 2007 You may sole source this item as it is for professional services and you state good reasons for doing so. Thanks for asking. Keep a copy of this e-mail for your records. From: Alissa Farrell Sent: Tuesday, November 21, 2006 3: 14 PM To: John Worcester Cc: Rebecca Doane; Paul Menter SUbject: FW: Status of Contract for 2007 John, Tried to stop in your office and kept missing you, so I thought I would send you an email instead: Over the summer of 2006, the HR dept. initiated an RFP for a Health & Welfare broker to assist us in completing a comprehensive health Insurance analysis for 2006. This did not include services for 2007. Now that we have Lockton's (the broker that won the RFP) assistance we are realizing the extensive additional services that we need Lockton to continue in 2007 as the city's Health & Welfare broker but want to make sure we follow the city's procurement code. Now the code does allow for a contract to be awarded for service without competition (which we've already done anyways in 2006) when the procurement officer deems in writing if 1 or more of the following conditions exist: (2) Although there exists more than 1 responsible source, a competitive process cannot reasonable be used or, if used, will result in substantially higher cost to the city, will otherwise injure the city's financial interests, or will substantially impede the city's administrative functions or the delivery of services to the public or to provide uniform and economical repair and maintance; (3) A particular supply or service is required in order to standardize or maintain standardization for the purpose of reducing financial investment or simplifying adminstration of; (Per Code 412.050) I believe it wouid impede the city wide administrative functions and services delivered in regards to the city-wide insurance funds and programs for our employees if execute another RFP for similar Health & Welfare broker services for 2007 and request your approval to move forward with a contract with Lockton to continue their services already initiated from the 2006 RFP. See below for additional examples provided by Lockton on how services will suffer. Please let me know if you'd like to schedule a mtg. to discuss further. Thanks for your assistance, Alissa X5743 From: Lindsay, Bill [mailto:BiII,Lindsay@lockton.comj Sent: Tuesday, November 21, 2006 10:01 AM To: Alissa Farrell Cc: Calderone, Jay Subject: RE: Status of Contract for 2007 I understand the procurement issue and know that is an area we have to be very careful and appropriate. However, I thought that the agreement going forward (2007) was going to be an extension of the results of the last RFP. If we actually have to do a new RFP it will be difficultfor us to provide services you may need in January, etc. (completing the implementation, assisting with claim or eligibility issues, etc.) since we won't be able to be paid for those services. The City is an important client for us and we too enjoy the relationship. Hopefully we can work through this quickly. Bill William N. Lindsay III, CLU, CESS, RPA President, Benefits Group Lockton Companies of Colorado, Inc. 8110 E. Union Ave. #700 Denver, CO 80237 (303) 414-6131 (303) 865-6131 fax bill.lindsay@lockton.com Securities offered through AIG Financial Advisors, Inc. a registered broker-dea/er and member NASD, SJPC. Advisory SelVices offered through AIG Financial Advisors, Inc., a Registered Investment Advisor. This message and any attachments contain information, which may be confidential and/or privileged, and is intended for use only by the addressee(s). If you are nof the intended recipient, any review, copying, distribution or use of this transmission is strictly prohibited. If you have received this transmission in error, please (i) notify the sender immediately and (ii) destroy all copies of this message. This message may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient (or not authorized to act on behalf of the intended recipient) of this message, please do not disclose, forward, distribute, copy, or use this message or its contents. If you have received this communication in error, please notify us immediately by return e-mail and delete the original message from your e-mail system. MEMORANDUM Vir TO: Mayor and Council CC: Steve Barwick, City Manager FROM: Phil Overeynder, Utilities Director CC: John Worcester, City Attorney DATE: March 5, 2007 RE: Acceptance and Acquisition of Smuggler Mobile Home Park Water System Improvements SUMMARY: Acceptance and acquisition of the water system improvements at the Smuggler Mobile Home Park would be implemented through a bill of sale and general warranty deed that describe the improvements made by the homeowners. The water system improvements resulted in replacement of a private system with approximately 2224 feet of 8 inch water line that now complies with Aspen Water Department standards. These improvements benefit the owners of individual homes within the park because of improved fire protection and by facilitating replacement of some of the aging mobile homes with conventional construction. The improvements benefit the City because it eliminated a sub-standard system common metering of over 80 homes to a modem system with individual metering of water use for each residence. The City's negotiated purchase price ofthe improvements is $50,000. BACKGROUND: The Smuggler Mobile Home Park (SMHP) water system did not comply with Aspen Water Department standards prior to a substantial improvement program. The original system did not provide adequate fire protection. The main water lines were located under individual trailers, effectively precluding rebuilding. Rather than utilizing individual meters there were three common meters that frequently failed to function properly because they were located in vanlts that were subjected to freezing, cansing extensive leakage and water loss. During 2002, SMHP approached the city regarding its desire to rebuild the system to remedy the above problems. SMHP's original request was that the City utilize it's preferred bonding rates to lower the effective cost of the system improvements to individual customers. Paul Mentor recommended an alternate approach of "buying down" the cost of the system through an up front acquisition fee. The City negotiated the acquisition cost as the net present value in the different interest rates over the economic life of the improvements. This value was 1 estimated at $50,000 based on the cost of the improvements and the interest rate available with City financing versus private financing. PREVIOUS COUNCIL ACTION: Council has taken formal action on this project in the past. Past discussions with City Council are summarized under "background". DISCUSSION: The water system improvements were completed in 2004, and the City has determined the system now meets its standards. However, preparation of as-built drawings and finalizing the easement documents has taken more time than expected. The water system improvements are operating effectively and have resolved a number of long standing problems that customers in this area experienced with the old private system. New homes are being built to replace some of the older homes in the area without the need to relocate the water system one unit at a time. The City has also benefited from this financially through the receipt oftap fees that may not have other wise been received. FINANCIAL IMPLICATIONS: The recommended purchase price is $50,000. IfCity Council approves staff's recommendation, a budget adjustment in that amount will be required and will be included in the Spring 2007 Supplemental request. PROPOSED MOTION: I move to adopt Resolution # I 7 , approving the acceptance of a Warranty Deed and Bill of Sale for the water system improvements. CITY MANAGER COMMENTS: ~ ~ ') "fto ~tUU ~~/ ~~02- 0; ~ ~ 1l>>J,- ~ ~--vw- t (j)/..Y). (f~W<Q.vJ ~ '-r-ii :rd~, J(Jc) ~6-'f,;,;;t-~ ~~u,r r-r:;. ~~ . 2 RESOLUTION # lfh- (Series of 20~ A RESOLUTION EXECUTING A BILL OF SALE AND A GENRAL WARRANTY DEED BETWEEN THE CITY OF ASPEN, COLORADO, AND SMUGGLER MOBILE HOME PARK, SETTING FORTH THE TERMS AND CONDITIONS REGARDING ACQUISITION AND ACCEPTANCE OF WATER SYSTEM IMPROVEMENTS. WHEREAS, there has been submitted to the City Council a Bill of Sale and General Warranty Deed between the City of Aspen, Colorado, and Smuggler Mobile Home Park, Inc., copies of which agreements are annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves the Bill of Sale and General Warranty Deed between the City of Aspen, Colorado, and Smuggler Mobile Home Park, copies of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager ofthe City of Aspen to execute said documents on behalf of the City of Aspen. Dated: Helen Kalin Klanderud, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held Kathryn S. Koch, City Clerk BILL OF SALE KNOW ALL MEN BY THESE PRESENTS, that the Smuggler Mobile Home Park (address), Pitkin County, Colorado ("Seller"), for and in consideration ofTEN DOLLARS ($10.00) and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby sells, transfers, grants and conveys to THE CITY OF ASPEN, COLORADO ("Buyer"), it successors and assigns forever, the following property, goods and chattels, to wit: The domestic treated water system infrastructure in place which provides water service to the Smuggler Mobile Home Park, as more particularly shown in the as-built drawings attached as Exhibit A hereto, including: 2224 feet of 8- inch DIP installed in 2004 58 feet of 6-inch DIP installed in 2004 Five (5) Fire Hydrants Two (2) 12" gate valves Thirteen (13) 8" gate valves Miscellaneous valve and hydrant keys, tools and equipment, all of which is herein referred to as the Smuggler Water System Infrastructure, together with as- built drawings showing the locations of the Smuggler Water System Infrastructure, TO HAVE AND TO HOLD the same unto said Buyer, its successors and assigns forever, and Seller, for itself, its successors and assigns, covenants and agrees with Buyer that it owns the foregoing Smuggler Water System Infrastructure above-described, with the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, has good, sure, perfect, absolute and indefeasible title thereto, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in the manner and form aforesaid, and that the same are free and clear from all former and other grants sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever. The Seller shall and will WARRANT AND FOREVER DEFEND the above-bargained Smuggler Water System Infrastructure above described, with the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining against all and every person or persons whomever, AND SELLER FURTHER WARRANTS to Buyer that the Smuggler Water System Infrastructure has been constructed and installed in a workmanlike manner, in accordance with the design drawings for the Smuggler Water System Infrastructure, and in accordance with .. Buyer's standards and specifications for such infrastructure. Seller further warrants to Buyer that the Smuggler Water System Infrastructure is and will be free and clear of defects, is and will be fully operational for the purpose of providing a treated water supply and fire protection via the fire hydrants to residents ofthe Smuggler Mobile Home Park for a period of two years from the date of this Bill of Sale and Warranty. IN WITNESS WHEREOF, the Seller has caused this Bill of Sale and Warranty to be executed the day and year first above written. Seller: Smuggler Mobile Home Park By: Title: STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this , whose title is day of , 2006 by Witness my hand and official seal. Notary Public My commission expires C:\Documents and SettingslafenirlLocal Settings\Temporary Internet Files\OLK5E\bill of sale (2).wpd GENERAL WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS, that the Smuggler Mobile Home Park (address), Pitkin County, Colorado ("Seller"), for and in consideration ofPIFTY FNE THOUSAND AND 00/100 DOLLARS ($55,000.00) and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby sells, transfers, grants and conveys to THE CITY OF ASPEN, COLORADO ("Buyer"), it successors and assigns forever, the following property, goods and chattels, to wit: 1. The domestic treated water system infrastructure in place which provides water service to the Smuggler Mobile Home Park, as more particularly described in the as-built drawings attached as Exhibit A hereto, including: 2224 feet of 8- inch DIP installed in 2004 58 feet of 6-inch DIP installed in 2004 Five (5) Fire Hydrants Two (2) 12" gate valves Thirteen (13) 8" gate valves all of which is herein referred to as the Smuggler Water System Infrastrncture; and 2. Non-exclusive easements for the Smuggler Water System Infrastrncture as shown and described on Exhibits B and C, being twenty-five feet in width, as therein described, TO HAVE AND TO HOLD said Smuggler Water System Infrastrncture and easements, with the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, unto the Buyer, its successors and assigns forever. And the Seller, for itself, its successors and assigns, does covenant, grant, bargain and agree to and with the Buyer, its successors and assigns, that at the time of the ensealing and delivery of these presents, Seller is well seized of the Smuggler Water System Infrastructure and easements above conveyed and described, with the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in the manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever. The Seller shall and will WARRANT AND FOREVER DEFEND the above-bargained Smuggler Water System Infrastrncture and easements above described, with the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, in the quiet and peaceable possession ofthe Buyer, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof. IN WITNESS WHEREOF, the Seller has caused this General Warranty Deed to be executed the day and year first above written. Seller: Smuggler Mobile Home Park By: Title: STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this , whose title is day of , 2006 by Witness my hand and official seal. Notary Public My commission expires C:\Documents and Settings\afenir\Local Settings\Temporary Internet Files\OLK5E\deed.wpd EXHIBIT B Water Line Easement for Smuggler Trailer Park Home Owners Association Legal Descriotion An easement over, under, and across a parcel ofland, for the access, maintenance, and utilization of an existing underglOund water line; situated in Smuggler Park Subdivision as described in Book 55 at Page 54, and in Smuggler Run Subdivision, as shown in Book 14 at Page 27; also being in the E Y, SW 1/4 and the W Y, SE V. of Section 7, Township 7 South, Range 84 West of the 6th PM, City of Aspen, County of Pitkin, State of Colorado; and being more particularly described as follows: A strip of land, 25 feet in width, along an existing water line (the Southeast Pipeline as shown on the Exhibit Map), as built and in place, and extending 12 5 feet to each side of the following described centerline: Beginning at a point on said existing water line, from whence Comer #10 ofthe East Aspen Townsite Addition bears S43032'02"E 715 64 feet; Thence along the centerline of said water line for the following] 6 courses: N76033'05"E 1424 feet; Thence N3J051' 10"E 1809 feet; ThenceN81039'31"E 123 96 feet; Thence S45022'56"E 12.95 feet to Reference Point A; Thence S45022'56"E 19633 feet; Thence S2603 0' 46"E 47 64 feet; Thence S44024'50"E 232 14 feet; Thence S49006'29"E 19 89 feet; Thence N82034'27"E 2532 feet; Thence N29046'00"E 70 05 feet to Reference Point B; Thence N2T24'27" 64 44 feet; Thence N17018'I7"W 4905 feet; Thence N44012'38" 48 00 feet; Thence N0405T 15"E 20 12 feet; Thence N43049'40"W 171 29 feet; Thence N45005'34" W 195 66 feet to Reference Point C; Thence N45005'34" W 74.21 feet to the Point of Terminus, from whence said Corner #10 bears 820009'33"E 77092 feet Together with a strip ofland, 25 feet in width, along an existing water line (the Northeast Pipeline as shown on said Exhibit Map) as built and in place, extending 12.5 feet to each side of the following described centerline: Beginning at a point on said existing water line, from whence said Comer # 10 bear's S03015'02"E 758.03 feet; Thence along the centerline of said water line for the following 12 courses: S65013'09"E 7 71 feet; Thence S20057' 17"E 40 27 feet to Reference Point D; Thence 84801 O'18"E 200 33 feet; Thence S40045'31"E 6219 feet; Thence SIT56'46"E 13 96 feet; Thence S43019'50"E 11025 feet; Thence S5J005'56"E 16 76 feet; Thence N83017'31"E 19 92 feet; Thence N37024'59"E 35 35 feet to Reference Point E; Thence N3 5040' 22 "E 127 94 feet; Thence N23030'11"E 21 03 feet; Thence N17027'44"W 31 86 feet to the Point of Terminus, from whence said Comer #10 bears S31 o26'22"W 72281 Together with a strip ofland, 25 feet in width, along an existing water line as built and in place, and containing an existing fIre hydrant as built and in place, extending 12 5 feet to each side of the following centerline: Beginning at Reference Point A, flOm whence said Comer #10 bears S31 o42'56"E 64230 feet; Thence N4JOO7'34"E 20 02 feet to the Point of Terminus Together with a strip of land, 25 feet in width, along an existing waterline as built and in place, and containing an existing fIre hydrant as built and in place, extending 12 5 feet to each side of the following centerline: Beginning at Reference Point B, from whence said Corner #10 bears S13035'56"W 25834 feet; Thence N62004'12"W 19.71 feet to the Point of Terminus Together with a strip of land, 25 feet in width, along an existing water line as built and in place, and containing an existing fire hydrant as built and in place, extending 12 5 feet to each side of the following centerline: Beginning at Reference Point C, from whence said Comer #10 bears S 17036' 47"E 704 31 feet; Thence N43018'02"E 20 00 feet to the Point of Terminus Together with a strip ofland, 25 feet in width, along an existing waterline as built and in place, and containing an existing fire hydrant as built and in place, extending 125 feet to each side of the following centerline: Beginning at Reference Point D, flOm whence said Corner #10 oems SOlo43'35"E 716 30 feet; Thence N36022'29"E 16 66 feet to the Point of Terminus Together with a strip of land, 25 feet in width, along an existing water line as built and in place, and containing an existing fire hydrant as built and in place, extending 12 5 feet to each side of the following centerline: Beginning at Reference Point E, from whence said Corner #10 bears S33014'49"W 553.73 feet; Thence S53026'41"E 1838 feet to the Point of Terminus Sidelines of easements to be lengthened or shortened as necessary to terminate on the boundary of existing water line easements EXHIBIT C Water Line Easement for Smuggler Trailer Park Horne Owners Association Legal Description An easement over, under, and across a parcel of land, for the access, maintenance, and utilization of an existing underground water line; situated in Smuggler Run Mobile Home Park Subdivision as shown in Book 14 Page 27, Smuggler Racquet Club as described in Book 466 at Page 302, and in Centennial Condominium Subdivision as shown in Book 17 at Page 7; also being in the SE V. of Section 7, Township 7 South, Range 84 West of the 6th PM, City of Aspen, County of Pitkin, State of Colorado, and being more particularly described as follows: A strip ofland, 25 feet in width, along an existing water line as built and in place, ]25 feet on each side of the following centerline: Beginning at a point from whence Comer #5 of Tract A, Aspen Townsite Addition bears S3300T04"W 69084 feet, also being a point on an existing water line as built and in place; Thence along the centerline of said waterline the following five courses: S74019'12"E ]200 feet; Thence N60040' 48"E 23 97 feet to a point on the northwesterly line of said Smuggler Racquet Club, more or less; Thence N60040'48"E 4901 feet to a point on the northeasterly line of said Smuggler Racquet Club, also being a point on the southwesterly line of said Centennial Condominium Subdivision, more or less; Thence N60040' 48"E 2 02 feet; Thence N71 055"48"E 39.60 feet to the point of terminus, also being a point on the southwesterly line of an eXisting 60 foot public road dedication shown in Book I 7 at Page 7, from whence said Corner #5 bears S38014'24"W 79495 feet; Sidelines being lengthened or shortened as necessary to begin on an existing water line, and to terminate on said public road dedication MEMORANDUM "'d TO: Aspen City Council and Pitkin County Commissioners FROM: Zupancis-Galena Master Plan City-County Staff Team RE: Agreement to Initiate Joint Planning DATE: March 6, 2007 SUMMARY: This memo suggests a method of moving forward on a planning effort for the area between the Zupancis property and Mill Street. The intent is to jump-start the planning process and establish some forward momentnm by adopting an Agreement to Initiate Joint Planning. Because this planning effort is higWy complex, including a number of players, a wide array of variables, and a number of possible outcomes, staff believes that trying to adopt an Agreement that defines the entire scope of this planning process at this time places an impossible burden on elected officials, and other parties. Rather than try to negotiate an Agreement that governs the entire scope of this planning process, with attendant financial implications, cost-sharing and/or cost reconciliation at this time, staffis suggesting that all parties agree to jointly fund a two-day charette that will take place on or about March 22-23. The charette process will include representatives of all parties, neighbors and members of the public who would like to participate. Staff has determined that RNL Design can meet this deadline for the charette and has provided a fixed-fee estimate, which is referenced in the attached Agreement. Staff s expectation is that a two-day charrette will generate interest and excitement, will create forward momentum among the parties, and will also act as a trust-building exercise that will strengthen relationships. At the same time, staff is cognizant that the entire Master Plan process needs some definition, scoping and a timeline. The attached Agreement to Initiate Joint Planning identifies subsequent steps in the process, and Exhibit A provides a flow chart and timeline that recommends and further defines subsequent steps after the initial charette. Because this planning area is governed by the Civic Master Plan, which was adopted in December 2006 as a regulatory document by City Council, and because the Civic Master Plan identifies a number of parties with a future interest in this planning area - the Agreement to Initiate Joint Planning includes the City, County, Aspen Art Museum, ACRA and the Pitkin County Library as parties to the Agreement. The applicable Civic Master Plan language will be attached as Exhibit B of the Agreement. RESOLUTION NO. tq Series of 2007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AGREEMENT TO INITIATE A JOINT PLANNING PROCESS FOR PHASE I ZUPANCIS GALENA BLOCK MASTER PLAN, BETWEEN THE CITY OF ASPEN, BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, ASPEN ART MUSEUM, ASPEN CHAMBER RESORT ASSOCIATION AND PITKIN COUNTY LIBRARY, AND AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council an agreement to initiate a joint planning process known as Phase I: Zupancis/Galena Master Plan with the intent to generate plan scenarios for the publicly-owned properties, between the City of Aspen, Board of County Commissioners, Aspen Art Museum, Aspen Chamber Resort Association, and the Pitkin County Library, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that agreement for a joint planning process for Phase I: Zupancis Galena Black Master Plan of which is annexed hereto and incorporated herein, and does hereby authorize the Mayor or City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the _ day of ,2007. Helen Kalin Klanderud, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certifY that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. Kathryn S. Koch, City Clerk G :\tara\RESOS\charette.doc AGREEMENT TO INITIATE JOINT PLANNING CITY OF ASPEN - PITKIN COUNTY - ASPEN ART MUSEUM - ACRA- PITKIN COUNTY LIBRARY PHASE I - ZUP ANCIS GALENA BLOCK MASTER PLAN THIS AGREEMENT was made and entered into this _ day of 2007, by and between the CITY OF ASPEN, Colorado, a municipal corporation (hereinafter referred to as "City"); the BOARD OF COUNTY COMMISSIONERS of Pitkin County, Colorado, a body corporate and politic (hereinafter referred to as "County"); the ASPEN ART MUSEUM, of Aspen, Colorado, a c(3) non-profit corporation (hereinafter referred to as "Museum"); the ASPEN CHAMBER RESORT ASSOCIATION, of Aspen, Colorado, a c(3)non-profit organization (hereinafter referred to as "ACRA"); and the PITKIN COUNTY LIBRARY, a body corporate and politic (hereinafter referred to as "Library"). WITNE S SETH: WHEREAS, the parties are each authorized to enter into this Agreement to contract with each other; and WHEREAS, the parties desire to cooperate for the purpose of initiating a joint planning process known as Phase I: Zupancis / Galena Master Plan (the "ZG-Phase J"). NOW, THEREFORE, in consideration of the mutual benefits to be derived hereby, the parties enter into this Agreement to cooperatively share the costs associated with ZG-Phase I as follows: 1. The parties shall work together to establish the scope of ZG-Phase I, with the general intent of holding a two-day charette on or about March 22-23, 2007, to generate two or more physical plan scenarios for the publicly-owned properties bounded on the east by the Zupancis property, on the west by Mill Street, on the north by Rio Grande Place, and on the south by Main Street. The two-day charette may also include a recommendation for the method and/or scope of the subsequent planning process. 2. The initial cost to be shared among the parties will be $25,500. The cost to the City will be 35% ($8,925); the cost to the County will be 35% ($8,925); the cost to the Museum will be 20% ($5,100); the cost to ACRA will be 8% ($2,040); and the cost to the Library will be 2% ($510). The City shall waive any planning fees associated with Phase I. Any additional costs of ZG-Phase I, consisting of the two-day charette, will be shared at the same ratio. 3. All cost sharing related to subsequent phases of the Master Plan process, including the contributions for ZG-Phase I, shall be reconciled at a later time and defined in a subsequent Agreement. Please see Exhibit A for estimated scope of work and timeline. 4. The parties hereto understand that ZG-Phase I requires cooperation between the parties in: a) securing the consulting services of RNL Design for the initial two-day charette, and, b) the general scope of the charette, and, c) the general scope of the subsequent public process, which may be further defmed among the parties as part of the charette exercise. 5. The parties hereto understand that part of the purpose of this Phase I charette is to serve as a trust-building exercise, and as a method to build stronger relationships between the various parties, considering the substantial future programming space that is the subject of the Zupancis / Galena Master Plan, the inherent complexity of physical planning at this extensive site, and the multiple ownership at this site. 6. This Agreement shall govern ZG-Phase I, for the purpose of generating two or more physical planning scenarios and to further define the subsequent public process. Upon conclusion of ZG-Phase I, two or more physical planning scenarios and a proposal for subsequent public process shall be presented at a special joint meeting of the City of Aspen City Council and the Pitkin County Commissioners, to also be attended by representatives of the Museum, ACRA and the Library, for the purpose of obtaining an Agreement governing one or more subsequent phase(s) of the Zupancis / Galena Master Plan. Please see Exhibit A for estimated scope of work and timeline. 7. Parties hereto understand that subsequent Agreements will include and not be limited to: a definition of organizational locations; square footage apportionment; construction phasing and construction management; terms of reconciliation regarding costs of additional public process, land use review and applications, development and construction; and long-term leases, property ownership changes and/or condominium agreements for developed properties. Please see Exhibit A for estimated scope of work and timeline. 8. Parties agree that the following properties/parcels shall be included m the analysis: a. Zupancis parcel; b. Publicly owned vacant/parking areas adjacent to the Zupancis parcel; c. Rio Grande building (former Youth Center), and building directly adjacent and north of Rio Grande Parking Garage (Visitor Center, ACRA etc.), and parking areas south of Rio Grande Place; d. Pitkin County Plaza building parcel and associated parking areas. e. Pitkin County Library parcel dedicated for facility expansion. , f. Pitkin County Jail and immediate area surrounding facility. g. Portions of Galena Plaza recommended for potential future development in Civic Center Master Plan; 9. Parties agree that the following properties/parcels shall be excluded from the planning process: a. Pitkin County Courthouse and parcel perimeter. b. Veteran's Memorial Park. 10. Parties hereto understand that any future land use application must demonstrate consistency with the findings and recommendations of the Civic Master Plan (please see Exhibit B.) This document will be utilized as part of Phase I, and subsequent phases of planning. 11. The term of this Agreement shall be from the effective date hereof to the point at which a subsequent Agreement is executed. Any party thereto may petition to terminate this Agreement for any reason upon ninety (90) days' written notice. All parties must agree to terminate this Agreement, provided, however, that this Agreement may not be terminated or rescinded so long as the Project has outstanding obligations, unless provision for full payment of such obligations, by escrow or otherwise, has been made pursuant to the terms of such obligations. 12. This Agreement may be modified by written amendment approved by joint assent of all parties. 13. Any formal notice, demand or request provided for in this Agreement shall be in writing and shall be deemed properly given if deposited in the United States Mail, postage prepaid to: City of Aspen, Colorado c/o City Manager 130 South Galena Street Aspen, Colorado 81611 Board of County Commissioners of Pitkin County, Colorado c/o County Manager 506 East Main Street Aspen, Colorado 81611 Aspen Art Mu~eurn c/o Heidi Zuckerman Jacobson 590 N. Mill St. t Aspen, CO 81611 Aspen Chamber Resort Association c/o Deb Braun 425 Rio Grande Place Aspen, CO 81611 Pitkin County Library c/o Board of Trustees 120 N. Mill St Aspen, CO 81611 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: CITY COUNCIL OF ASPEN, COLORADO Clerk and Recorder Mayor APPROVED AS TO FORM: City Attorney ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Clerk and Recorder Chairman APPROVED AS TO FORM: County Attorney ATTEST: ASPEN ART MUSEUM Executive Director ATTEST: Executive Director ATTEST: Director Board Chair ASPEN CHAMBER RESORT ASSOCIATION Board Chair PITKIN COUNTY LIBRARY Board Chair LAND Zupancis Plaza One Old Youth Center ACRA offices Vacant lands Parking areas Jail 6-Mar-07 Apr-07 May-07 Jun-07 Sep-07 Nov-07 F eb-08 Apr -08 PARTIES Pitkin County City of Aspen Aspen Art Museum ACRA Pitkin County Library PHASE I AGREEMENT Initial cost sharing of 2-day charrette Deliverables: Agreement on land included in study Agreement on land not included in study Two or more physical planning scenarios Proposal for subsequent public process JOINT MEETING OF PARTIES Review and adopt method of public process Review physical planning scenarios Direct staff re: parameters of Phase II Agreen ment to include: Development of Preferred Alternative JOINT MEETING OF PARTIES Review and adopt Phase II Agreel ment, to include: Consulting services estimate Phase II cost-sharing CHARRETTE Review options for fitting program on site considering constraints Refine facilities' design, iocation, and function Identify 2-3 physical planning scenarios to be further explored, i.e. fUl JOINT MEETING OF PARTIES Identify Preferred Alternative Direct staff re: Phase 1111 Agreement, to include: Cost-sharing reconciliation Long-term leases, land costs/trades, condominium agreements etc. Shared use agreements Timing of development Temporary moves JOINT MEETING OF PARTIES Review and adopt Phase III Agreement Program phasing Land Use Application process LAND USE APPLICATIONS FINAL APPROVAL Vila- MEMORANDUM TO: Mayor Klanderud and Aspen City Council FROM: Joyce Allgaier, Deputy Director of Community Development THRU: Chris Bendon, Director RE: 406 E. Hopkins Avenue, Isis Theater- Growth Management Review for Essential Public Facility and Enlargement of a Historic Landmark, 1st Reading of Ordinance No.b_, Series of 2007, Public Hearing date is March 26, 2007 DATE: March 12, 2007 SUMMARY: The Isis Theater is being acquired in a private/public partnership between the City of Aspen, the Isis Property Group, LLC, and Aspen FilmFest. This transaction will allow for the continuation of the use of the Isis Theatre as a movie theatre; film, performance and public presentation venue; and for other cultural, educational and entertainment uses. While the primary use will be as a theatre, some physical changes will be made to the building that will allow for the conversion of one of the upper floor theaters to become retail space, including interior tenant finishing, reconfiguration of entry points into the building, and window changes. (Although there have been discussions related to constructing an addition that would fill in the courtyard "notch" that currently exists at the southeast corner of the property, that is currently off the table.) Staff's Exhibit A evaluates the application, makes findings in favor of the proposal and therefore, Staff recommends approval. APPLICANT: Isis Property Group, LLC, represented by Haas Land Planning: Klein, Cote, and Edwards; and Charles Cunniffe Architects. PARCEL ID: 2737-073-30-006, -011 and -012. ADDRESS: 406 E. Hopkins Avenue, Lots L, M, and N, Block 87, City and Townsite of Aspen, Pitkin County, Colorado. ZONING: CC, Commercial Core. PROCESS: The application before the Council requests Growth Management approvals to allow the space conversion and change in use for a Historic Landmark and an Essential Public Facility. A public hearing is to be conducted by the P&Z and a resolution adopted that forwards their recommendation to the City Council. (As of this writing the P&Z had not made their determination but will be forwarded to Council at the first reading meeting.) Finally City Council will conduct a public hearing and make a final decision. Because of its City of Aspen Historic Landmark status, the Historic Preservation Commission is responsible for reviewing the development proposal. 1 Historic Preservation Commission Review Summary: The HPC granted final approval to the project with conditions, primarily focusing their review on the physical and detailed architectural changes to the building. The HPC also granted a waiver of parking finding that the additional parking requirement associated with the conversion of a portion of the theatre to retail can not be met on site without detriment to the historic integrity ofthe building. Additionally, the HPC found that the development is in compliance with the City's Commercial Design Review Guidelines. The HPC's recommendation strives to bring certain elements of the "old Isis" back to its historic Victorian store front design. This photo above is post-1920's when the Isis first became a movie theatre, after having been retail and residential. The application (Exhibit B) shows clear renderings as to how the existing Isis frontage will be changed to the proposed elevations to accommodate a partial change in its use. BACKGROUND: The City Council has entered into a Memorandum of Understanding (MOU) to solidify its goals and conditions of the new use with the other parties to the Isis Theatre project. The key points of the MOU are included in the application on page 7. Of particular note are those provisions which deal with maintaining at least four theatres; allowing only one theatre to be converted to retail; future use for movies, film events, performances, speeches and other community educational/cultural opportunities; and the limitation on restaurant use. The Isis Theatre has had numerous land use reviews and approvals over the years that bring it to where it is today. This history is nicely outlined in the Application on pages 4-8, and substantiates the various uses, previous parking waivers, employee mitigation and speaks to the current undertaking through the MOU to deed restrict the Isis as a theatre. The subject property is 9,027 square feet in size and the current Floor Area Ratio (FAR) is 1.8:1. The FAR is not proposed to change with this application in that the proposed space changes are to internal "net leaasble" space already contained within the outside walls of the structure. 2 The existing three story Isis Theater building includes roughly 770 seats among five movie theaters. The standing approvals allow for approximately 16,420 square feet of floor area, of which some 15,670 square feet is allowed for net leasable area. As built, the main/ground level includes a two-story volume housing two movie theaters with stadium seating as well as stairs to the level below, a lobby, a ticket sales area, a concession stand, fire exits, and an entryway with stairs and an elevator providing access to all floors of the building. The lower level includes three movie theaters, restrooms, lobby and concession stand. In addition, both levels have mezzanine spaces used as projection rooms and mechanical and storage rooms. The third floor includes one free market residence and two deed restricted three-bedroom units. These residential units are not proposed for change with this application. STAFF INFORMATION: Please see Exhibit A for discussion and findings. With the HPC's & P&Z's review and approvals completed for the current application, the focus' is now on Growth Management by City Council. The request for Council will focus on the proposal for 1.861 square feet of additional net leasable area pursuant to the review criteria outlined and addressed by Staff in Exhibit A. The preferred tenant finish and interior layout has not been solidified by the Applicant (no tenant is yet chosen), so the application uses, at Staffs suggestion, the largest floor area called the "Single Tenant Scenario with a 2nd Floor" in the area of the western-most theatre. This is the only area allowed in the MOU for conversion to retail. While the eventual development may involve one of the other, lesser scenarios in the application, the "Single Tenant Scenario with a 2nd Floor" is used in response to the growth management standards to ensure that mitigation and allotment requirements will be appropriately handled. The application goes through a lengthy narrative of the calculation of the gross area and net leasable and rather than reiterate that information, Staff confirms that the application appears to be accurate, with the exception of the final fee amount in the application. The amount of the exact fee for employee mitigation is determined at the time of building permit application using the fee schedule in place at that time. The actual fee would be $195,951.00 if assessed today. Staff has included conditions of approval in the resolution that are key to ensuring that the application meets the Growth Management standards. One condition is the inclusion of a requirement to pay a fee in lieu for the mitigation of employees generated. Another is the limitation on the property that a restaurant use is not allowed unless a new application were submitted in order to review and evaluate the use under the Growth Management provisions. (Restaurants have a greater employee generation than retail, requiring increased mitigation.) STAFF RECOMMENDATION: Approval with conditions. RECOMMENDED MOTION: "I move to approve Ordinance No.be, Series of 2007, approving the Growth Management requests for an Essential Public Facility and Enlargement of a Historic Landmark for Commercial Use and allowing an additional 1,861 of net leasable area for the Isis Theatre Remodel." Exhibits: A. Staff Review & Proposed Findings B. Application-2 parts 3 ORDINANCE NO.tL, SERIES OF 2007 AN ORDINANCE OF THE CITY COUNCIL GRANTING GROWTH MANAGEMENT APPROVAL PURSUANT TO SECTION 26.470.040 (C)(I) & (0)(3), ENLARGEMENT OF A HISTORIC LANDMARK AND ESSENTIAL PUBLIC FACILITY AND FOR AN EXPANSION AND CHANGE IN USE, ALLOWING RETAIL, FOR A PORTION OF THE ISIS THEATER, 406 E. HOPKINS AVENUE, LOTS L, M, AND N, BLOCK 87, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO PARCEL ID: 2737-073-30-006, -011 and -012 WHEREAS, the applicant, Isis Property Group, LLC, represented by Haas Land Planning, Klein, Cote, and Edwards; and Charles Cunniffe Architects, has requested approval for Growth Management in order to enlarge, partially remodel and change the use of a portion of The Isis Theater, 406 E. Hopkins Avenue, Lots L, M, and N, Block 87, City and Townsite of Aspen, Pitkin County, Colorado; and WHEREAS, the applicant submitted an application to the Community Development Department for a Minor Historic Preservation Development, Commercial Design Review and Parking Waiver specifically from the Historic Preservation Commission (HPC), and Growth Management Review for an Enlargement of a Historic Landmark and Essential Public Facility specifically from the Planning and Zoning Commission (P&Z); and both of these boards have reviewed and handled the applications in accordance with their purview; and WHEREAS, the HPC, through its Resolution No.2, Series of2007, granted approval for a Minor Development Application for changes primarily to the doors and windows of the Isis Theatre building, approved a waiver of the parking requirements and fees associated with the additional commercial area, and approved the Commercial Design Review; and WHEREAS, the P&Z, through its Resolution No.5, Series of 2007, recommended that the City Council approve the Growth Management allotments for an Enlargement of a Historic Landmark and Essential Public Facility Minor Development Application allowing 1,861 sq. ft. of net leasable area; and WHEREAS, the application has identified that, due to the fact that no specific tenant has been identified and that tenants will change, the proposed space configuration within the building is not set but will change over time within the old "Theatre One" area (the western-most ground floor theatre); however the, application proposes to establish a total of 1,861 additional square feet of new net leasable area, for a total gross retail area of 5,725 sq. ft., with 5,226 sq. ft. allowable as net leasable area; and WHEREAS, the Community Development Director has found and decided in his letter of December 22, 2006, that the Isis Theatre qualifies as an Essential Public Facility, because of its ownership by a public entity with a future transfer to a non-profit corporation serving a public Isis Growth Management Ordinance No._, Series of 2007 Page I of4 interest, perpetual deed restriction for a theatre or public use, and undivided public ownership interest in the affordable housing units and a perpetual restriction limiting additional development on upper levels of the building, all of which serve a public interest and the needs of the community; and WHEREAS, the application is considered exempt from Ordinance No. 19, Series of 2006 and Ordinance No. 51, Series of 2006, otherwise known as the "Moratorium Ordinances", because the project is considered an Essential Public Facility; and WHEREAS, the Isis has a long history of land use approvals that have allowed for various approvals, uses and dimensions for the building including the following: 1) Planning and Zoning Commission Resolution No. 36-95; 2) City Council Ordinance No. 58-95; 3) City Council Ordinance No 59-95; 4) A March 19, 1996 amendment to Resolution No. 36-95 was granted by the Planning and Zoning Commission without formal adoption of a resolution; 5) City Council authorized use of the Special Review process to consider the amortization of open space payments via adoption of Ordinance No. 45-96; 6) Final approval by the HPC on March 12, 1997; 7) Council adoption of Resolution No.18-98 approving the deferral of payments in-lieu of open space for a five year period (such payment has been made); 8) A pair of minor HPC amendments to the final approval were approved on March 10, 1999 and September 8, 1999; 9) Growth Management Commission Resolution No. 2-01, approving a re-evaluation and exemption from the scoring and competition procedures ofthe GMQS for the conversion of the ground floor of the Isis building to retail use; and 10) MOU executed pursuant to City Council Resolution No. 99, Series of2006. WHEREAS, the City Council, according to Section 26.470.040 of the Land Use Code, must review the Growth Management application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the applicable criteria and the City Council may recommend approval, disapproval, or approval with conditions; and WHEREAS, the Community Development Director, pursuant to his authority under Section 26.304.060(B)(l), finds that the Growth Management reviews for Enlargement of a Historic Landmark for Commercial Use and for an Essential Public Facility should be combined finding that the combination would eliminate or reduce duplication and ensure economy of time, expense and clarity; and final approval rests with the City Council; and WHEREAS, The Council finds that the applicable development review standards are met by the proposal, provided that the conditions established herein are complied with. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Isis Growth Management Ordinance No._, Series of 2007 Page 2 of4 Section 1: EnIarl!:ement of a Historic Landmark for Commercial Use and Essential Public Facility Growth Manal!:ement Allotments The City Council grants a Growth Management Allotment for an Enlargement to a Historic Landmark and for an Essential Public Facility finding that the project meets the applicable criteria. The Growth Management approval allows for an area of new gross leasable of 1,861 sq. ft. and a gross retail area of 5,725 sq. ft., with 5,226 of that area allowable as net leasable area, as such term is defined in the Land Use Code. Section 2: Limitation for Restaurant Use A restaurant use is not permitted as part of this approval as a use in the "retail area"; however, any future proposed conversion to a restaurant use shall be reviewed in accordance with the Land Use Code in place at the time of application, especially with regard to employee generation and mitigation. Section 3: Affordable Housinl!: Mitil!:ation A fee-in-lieu for affordable housing mitigation shall be paid at the time of building permit application for based upon the amount of net leasable area proposed in the building permit and in accordance with the fee schedule in place at the time of building permit application. Section 4: Buildinl!: Permit ADDlication The building permit application for each of the residential units shall include the following: 1. A copy of the final Ordinance and P&Z Resolution. 2. The conditions of approval printed on the cover page of the building permit set. 3. Documentation of applicable approvals and permits for changes to the water and sanitation services (if any) due to the remodel. 4. A construction management plan pursuant to the requirements of the Community Development Department. 5. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. Section 5: Exterior Lililitinl!: Lighting shall be pursuant to the Historic Preservation Minor Development approval pursuant to Resolution No. 20, Series of2007. Section 6: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Isis Growth Management Ordinance No._, Series of 2007 Page 3 of 4 Section 7: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 8: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 9: The City Clerk is directed, upon the adoption of this ordinance, to record a copy in the office of the Pitkin County Clerk and Recorder. Section 10: A public hearing on the ordinance shall be held on the 26th day of March, 2007, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 12th day of March, 2007. Helen Kalin KJanderud, Mayor Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved on this 12th day of March, 2007. Attest: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney Isis Growth Management Ordinance No.~, Series of2007 Page 4 of4 Exhibit A- Findings Growth Management Review for Essential Public Facility And Enlargement of a Historic Landmark for Commercial Use ~ The development of an Essential Public Facility, Section 26.040(D)(3) upon a recommendation from the Planning and Zoning Commission shall be approved, approved with conditions, or denied by the City Council based on the following criteria: a) The Community Development Director has determined the primary use and/or structure to be an Essential Public Facility. (See defmition.) Accessory uses may also be part of an Essential Public Facility project. Staff Finding: In his letter dated December 22, 2006, (attached), Chris Bendon, Community Development Director finds that the Isis Theatre qualifies as an essential public facility considering the ownership of the property being public and then transferring to a non-profit organization; the purpose and use of the property; and the restriction to additional development on the upper levels of the building in order to preserve the historic resource. Staff finds that this criterion is met. Definition: Essential public facility. A facility which serves an essential public purpose, is available for use by, or benefit of, the general public and serves the needs of the community. b) Sufficient growth management allotments are available to accommodate the uses, pursuant to Section 26.470.030.C, Development Ceiling Levels and Section 26.470.030.D, Annual Development Allotments. Staff Finding: The Isis Theatre will utilize 1,861 square feet of available net leasable area in accordance with the annual development commercial allotments. A majority of the area being converted to retail will come from previously allocated commercial area from the growth management "buckets". Staff finds that this criterion is met. c) The proposed development is consistent with the Aspen Area Community Plan. Staff Finding: The application before the Planning and Zoning Commission stems from the coalescing of several community goals in one project confirmed by the City Council through a memorandum of understanding (MOU) with two other parties, the Isis Property Group and the Aspen FilmFest. The MOU allows for the Isis Theatre to be deed restricted for theatre and other film, performance, public presentations, artistic, educational, nonprofit and other community purposes. A portion of the theatre is converted to retail space that would be "mid-level" retail space. With the loss of Stage III Movie Theatre to a changed use, the community leaders took the opportunity to keep Aspen's only other theatre in operation with a creative partnership with the Aspen FilmFest, who was seeking a home and a Exhibit A, Isis Growth Management, Page I of 4 continued venue. The Isis has long been a social center of movies for all ages, film events, comedy events, speeches and other public presentations. This project is an effort to keep the Isis central to the accessibility by our residents and visitors to these types of community amenities. In the Arts, Culture and Education section, the AACP policies state, "Support the continued vibrancy of the arts in our community", and "Support activities and education for youth". A goal in this section leads to the public sector involvement, by stating, "Ensure the provision of public facilities and services to sustain arts, cultures and education in the community." This project brings the community closer to these goals and policies through a partnership for a well-known historic building to keep its stature and position as a community place for various types of entertainment and public education. A number of other goals are attained through the project in the areas of Historic Preservation and Economic Sustainability. d) A sufficient percentage of the employees expected to be generated by the project are mitigated through the provision of affordable housing or cash-in-Iieu thereof in a manner acceptable to the City Council. The Employee Generation Rates may be used as a guideline but each operation shall be analyzed for its unique employee needs. The City Council may waive, or partially waive, affordable housing mitigation requirements as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. Staff Finding: The Isis Theatre is expected to gain 1.55 FTEs by virtue of the expansion of the internal building area being converted to retail area from theatre related uses. The employee generation rate for retail is 2.6 FTEs 11000 sq. ft. of Net Leasable (NLA). The final calculated employee generation number for the project is higher than what would normally be generated based upon the language of the Land Use Code that allows the applicant to take a 25% reduction in employee generation on upper floors. The applicants are not taking this reduction. Based on 2007 employee mitigation fees the fee due at the time of building permit would be $195,951. (With the second floor discount the fee would be $77,975.) It is important to note that the applicants are willing to be restricted to commercial uses without the allowance to use the space for a restaurant. Restaurants have a much higher generation rate at 4.1 FTEs 11000 NLA, requiring a higher fee in lieu. A condition in the resolution notes that, if, in the future a conversion of space to restaurant use is proposed, the project would need to gain Growth Management approvals pursuant to the code in place at that time. The Employee Generation and Fees are as follows: Total Employee Generation: . 1st floor retail conversion 00,325 sfwill result in 2,826 sf ofNLA (at 85% of the commercial space will be NLA after netting out areas for storage, circulation, bathrooms, etc.); @2.6 FTE Il,OOOsf ofNLA = 2.6 x 2.826 = 7.348 FTE Exhibit A, Isis Growth Management, Page 2 of 4 . 2,400 sf of second level NLA @ 2.6 FTE / 1 OOOsf ofNLA = 2.6 x 2.4 = 6.24 FTE . Total Generation = 7.348 + 6.24 = 13.588 employees generated Total Mitigation Requirement: per section 26. 470.040(C)(1) . First 4 FTE = 0 employee mitigation; . Next 4 FTE is mitigated at 30% = (4 x .3) = 1.2 FTE to be mitigated; . Remaining 5.588 FTE mitigated at 60% = 3.353 FTE to be mitigated; . Total FTE to be mitigated = 1.2 + 3.35 = 4.55 FTE to be mitigated; . Apply credit for 3 extra FTE already provided with housing = 4.55 - 3 = 1.55 . Category 4 housing in-lieu fee = $124,307/ FTE = 1.55 x $126,420 = $195,951.00 Staff finds this criterion to be met. e) Free-Market residential floor area on the parcel is accompanied by affordable housing units or mitigation pursuant to 26.470.040.C.6, unless otherwise restricted in the zone district. The City Council may waive, partially waive, or establish a different limitation as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. Staff Finding: No additional free-market housing (one exists in the building today) is being proposed as part of this project, therefore, no mitigation is necessary. t) The project represents minimal additional demand on public infrastructure or such additional demand is mitigated through improvements proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking, and road and transit services. Staff Finding: The Isis Theatre relies on adequate infrastructure currently serving the uses contained with the site. Any changes to utilities serving the site, such as additional water fixtures, etc. would need to pay appropriate fees for additional services in accordance with the regulations governing such services. ~ Enlargement of a Historic Landmark (Section 26.470.040 (C) (1). The enlargement of a historic landmark building for commercial, lodge, or mixed use development shall be approved, approved with conditions, or denied by the Planning and Zoning Commission based on the following criteria. Some ofthe criteria are the same as those under Essential Public Facilities and staff discussions are not repeated. a. Sufficient Growth Management - See b, above. b. Consistency with the AACP - See c, above. c. Employee Mitigation - See d, above. Exhibit A, Isis Growth Management, Page 3 of 4 d. Free Market Residence - See e, above. e. All necessary approvals are obtained, pursuant to Section 26.415, Development Involving the Inventory of Historic Sites and Structures. Staff Finding: On January 16, 2007, the Historic Preservation Commission granted Minor Historic Preservation approval to the Isis Remodel application through Resolution No.2, Series of 2007, finding that it meets the Historic Preservation Guidelines. Through this resolution the HPC also granted a waiver of parking and finding of compliance with the Commercial Design Guidelines for a commercial building. d. Demand on Infrastructure - See f, above. Exhibit A, Isis Growth Management, Page 4 of 4 HAAS LAND PLANNING. LLC 201 N. MILL STREET. SUITE 108 - ASPEN, CO 81 61 1 - (970) 925-781 9 - MHAAS@SOPRIS.NET To: The City of Aspen Tbru: The Aspen Community Date: December 26, 2006 Develooment Deoartment Subject: Isis Theater Remodel, 406/408 East Hopkins Avenue SECTION I: INTRODUCTION Aspen has a long-standing tradition in the arts and, more specifically, in film. It has long been a town that prides itself in its film festivals, Oscar screenings, shorts festivals and comfortable venues in which to enjoy these events. However, the City of Aspen is at a crossroads with regard to the ability to maintain and operate a full time movie theater. The Stage Three Theater has recently closed, and the difficulties in keeping the Isis operating as solely a movie theater have been well publicized. Although movies are sometimes shown at the Wheeler Opera House, and Harris Concert Hall, there exists the real possibility that the City of Aspen could be without any true movie theaters in the foreseeable future. A team of local residents and businessmen have come together with the City of Aspen in an effort to maintain and sustain theater operations at the Isis, resulting in a Memorandum Of Understanding (MOD) executed pursuant to City Council Resolution No. 99, Series of 2006. This land use application for: "minor development," commercial design review, and parking waivers from the Historic Preservation Commission (HPC); and, growth management approvals from the City (:Olll1cij ~fter receiving a rel'ommendation from the Planning and Zoning Commission (P&Z), has been prepared in accordance with the terms, conditions and provisions ofthc MOU. The Isis Property Group, LLC (the applicant) seeks the aforementioned approvals to allow conversion of the west theater (Theater #1) on the ground level of the Isis building into retail space for either one or two tenants. A stadium-seating theater on street level and the three movie theaters below will be maintained, keeping four full-time movie theaters in operation in downtown Aspen. The plan sets accompanying this application explain the proposal and its various options graphically and are organized as follows: o Existing South (Hopkins Avenue) Elevation; o Existing Floor Plan, Ground Floor; o Sheet 1: Proposed South Elevation for the Single Tenant Scenario; o Sheet lA: Proposed Floor Plan, Single Tenant Scenario without a 2nd Level; o Sheet IB: Proposed Floor Plan, Single Tenant Scenario with a 2nd Level; o Sheet 2: Proposed South Elevation for the Two Tenant Scenario; o Sheet 2A: Proposed Floor Plan, Two Tenant Scenario without a 2nd Level; and, o Sheet 2B: Proposed Floor Plan, Two Tenant Scenario with a 2nd Level. 1 This application is submitted pursuant to Chapters 26.415, 26.412, and 26.470 of the Aspen Land Use Code (the Code) by the Isis Property Group, LLC (the applicant). Since the City of Aspen Community Development Director has determined the primary use and structure to be an "Essential Public Facility," this application and any associated, subsequent building permit applications are exempt from the current moratoria (see Exhibit 1, letter from Chris Hendon, Community Development Director). The Land Use Application Forms and Pre-Application Conference Summary are attached hereto as Exhibits 2 and 3, respectively. Permission for Haas Land Planning, LLC, Planning Consultants, Charles Cunniffe Architects, and Klein Cote Edwards, LLC, legal counsel, to represent the applicant is attached as Exhibit 4. A list of property owners located within three-hundred feet of the property and an executed application fee agreement are attached as Exhibits 5 and 6, respectively. The application is divided into five sections. Section I provides a brief introduction to the application, while Section II describes the existing conditions of the project site. Section III delivers an overview of the previous approvals associated with the Isis property and the MOU pursuant to which this application has been prepared. Section IV outlines the applicant's proposed development, and Section V addresses the proposed development's compliance with the applicable review criteria of the Code. For the reviewer's convenience, all pertinent supporting documents relating to the project are provided in the various exhibits attached at the end ofthe application. While the applicant has attempted to address all relevant provisions of the Code and provide sufficient information to enable a thorough evaluation of the application, questions may arise which require further information and/or clarification. Such additional information required in the course of the application's review will be provided upon request. 2 . SECTION II: EXISTING CONDITIONS The Isis Theater resides one lot in from the northeast comer of East Hopkins Avenue and South Mill Street, next to the station of the Aspen Fire Protection District. The street address is 408 East Hopkins Avenue although it is also referred to as 406 East Hopkins Avenue. The 9,027 square foot property is generally described as Lots L, M and N, Block 87, City and Townsite of Aspen, and the Parcel Identification Number is 2737-073-30-006. The site is within the Commercial Core (CC) Zone District, and is a designated historic landmark within a Historic Overlay District. The Vicinity Map below shows the property's general location relative to the surrounding area. Vicinity Map - Isis Theater The existing three story Isis Theater building (alk/a the H. Webber building) includcs roughly 770 seats among five movie theaters. The standing land use approvals (described in Section III, below) allow for approximately 16,420 square feet of Floor Area, of which some 15,670 square feet can be net leasable area. As built, the main/ground level includes a two-story volume housing two movie theaters with stadium seating as well as stairs to the level below, a lobby, a ticket sales area, a concession stand, fire exits, and an entryway with stairs and an elevator providing access to all floors of the building. The lower level includes three movie theaters, fire exits, restrooms, a lobby, and a concession stand. In addition, both levels have mezzanine spaces used as projection rooms at the south end and mechanical and storage rooms at the north end. The third floor includes one free market residence and two deed restricted three-bedroom units. The neighboring properties include the fire station (to the east), Le Chefs of Aspen and Wells Fargo Bank to the west; Fox Photo, Baccarat and other boutiques to the south (across Hopkins Avenue); and, the Cantina to the north (across the alley). 3 . SECTION III: PREVIOUS APPROVALS & THE MOD The approvals for the Isis renovation/expansion were granted and memorialized over eight separate steps (numbers 1-8, below). Item number 9, below, is an approval that was granted but never acted upon. Item number 10 is the MOU executed pursuant to City Council Resolution No. 99, Series of2006. The highlights of each ofthese approvals is summarized and discussed below. 1) Planning and Zoning Commission Resolution Number 36-95; 2) City Council Ordinance Number 58-95; 3) City Council Ordinance Number 59-95; 4) A March 19, 1996 amendment to Resolution 36-95 was granted by the Planning and Zoning Commission without formal adoption of a resolution; 5) City Council authorized use of the Special Review process to consider the amortization of open space payments via adoption of Ordinance 45-96; 6) Final approval by the HPC on March 12, 1997; 7) Council adoption of Resolution 98-18 approving the deferral of payments in-lieu of open space for a ten year period; 8) A pair of HPC amendments to their final approval were approved on March 10, 1999 and September 8, 1999; And, 9) Growth Management Commission Resolution No.2, Series of 2001, approving a re- evaluation and exemption from the scoring and competition procedures of the GMQS for the conversion of the ground floor of the Isis building to retail use. 10) MOU executed pursuant to City Council Resolution No. 99, Series of2006. 1. Planning and Zoning Commission Resolution Number 36-95 This resolution granted a GMQS exemption for the expansion of the Isis Theatre building and Special Review approval to: a) exceed the property's allowable floor area, b) reduce the minimum required dimensions of the building's trash and utility area, and c) reduce the minimum open space requirement. These approvals were granted subject to a list often (10) conditions. The GMQS exemptions were for the enlargement of an historic landmark structure that added both floor area and net leasable space. In addition, GMQS exemptions were granted for the reconstruction of one demolished free market dwelling unit and the addition of two deed restricted affordable housing units. The allowable floor area ratio (floor area-to-lot area ratio, a/kJa FAR) of the underlying zone district at the time of the approval was 1.5:1, which could be increased up to 2:1 by Special Review provided at least 60% of the additional floor area beyond that allowed as of right is used for residential purposes deed restricted in accordance with the affordable housing guidelines (the current FAR limit is 3: 1 overall, with a limit of 1: 1 for free market residential use). The approval granted by the Planning and Zoning Commission (P&Z) allowed for 16,303 square feet of floor area, or an FAR of 1.81:1. With this increase, at least 1,657 square feet of the total area was required to be included within dccd rcstricted atlbrdable housing ([16,303 13,541] x 60%). The proposal provided 2,610 square feet of deed restricted affordable housing and, therefore, exceeded the requirement by 953 square feet. Bascd on the amount of net leasable area (11,216 square feet) within thc then proposed structure, a trash and utility area measuring 24' x 10' would have been required pursuant to the 4 dimensional requirements of the CC zone district. The Special Review approval allowed the trash and utility area to be reduced to 20' x 10', a four foot reduction in the otherwise required length. The Commercial Core zone district required that 25% of a site be maintained in a condition that complies with the City's definition of "open space" then in effect. Thus, approximately 2,257 square feet (9,027 x 25%) of the property would have been required to be left more or less undeveloped. The approval allowed this requirement to be reduced to just 540 square feet of open space, or just less than 6%. A $250,000 payment of cash-in-lieu of the open space was required and has since been paid. The ten adopted conditions do not detail the terms of the approvals as done above but, instead, refer to the application as being approved as proposed. One specific condition (#8) is of particular concern for the current proposal. Specifically, condition number 8 states, in relevant part, that: ...the approved employee calculation of five (5) employees is only applicable to the Isis project, and any future uses will require a re-evaluation for mitigation purposes. In other words, the approvals for employee generation and the level of mitigation (affordable housing) required were limited to the Isis Theater project only. It was intended that any expansion or change-in-use would require additional analysis to ensure that employee housing needs would be reassessed. City staff explained in their memo of January 8, 1995 to City Council that, "due to the unusually low ratio of employees per square foot for theater uses, any change in use would require significant mitigation, either in the form of cash-in-lieu or off-site buy-down of existing units. It is unlikely that HPC [Historic Preservation Commission] or staff would support additional units on the roof-top, which would effectively restrict additional on-site housing to the interior of the structure." As part of the GMQS exemption requests, recommendations were required from the Growth Management Commission (GMC; a board no longer in existence but then consisting of the City of Aspen and the Pitkin County Planning and Zoning Commissions, jointly). The GMC and the Aspen P&Z were both required to consider parking demands and mitigation of these demands as part of their approval. However, the parking standard applicable to the particular GMQS exemption used stated that, "Parking shall be provided accordin{: to the standards of Article 5, Division 2 and Division 3 [since amended to Chapter 26.515], if lIPC determines that it can be provided on the site's surface and be consistent with the review standards of Article 7, Division 6 [since amended to Chapter 26.415]. Any parking which cannot be located on-site and which would therefore be required to be provided via cash-in-/ieu payment shall be waived." As a result, no parking was provided on-site, and no payment-in-lieu was required. 2. City Council Ordinance Number 58-95 This ordinance gmnted historic landmark designation for the Isis properly. The designation was requil'ec.lto pruvic.ll: digibilily for the GMQS exemptions used (as described above). 3. City Council Ordinance Number 59-95 This ordinance approved the on-site affordable housing units that have since been built. 5 , 4. Amendment of Resolution 36-95 As mentioned above, at their March 19, 1996 meeting, the P&z approved a request to amend their previous approval, such that an additional theater (5 instead of the previously approved 4) could be included within the structure. The approved revisions effectively increased the allowable Floor Area (FAR) and net leasable space. The approved Floor Area was increased from 16,303 square feet to 16,416 square feet (an increase of 113 square feet), bringing the allowable FAR from 1.81:1 to 1.82:1. The approved net leasable area was increased from 1l,216 square feet to 15,671 square feet (an increase of 4,455 square feet). No changes to the employee housing requirements, open space approval, or trash and utility area were required in connection with the approved revisions. In effect, the approvals allowed for the following: FLOOR ORIGINAL APPROVALS 1996 AMENDMENTS LEVEL FAR N.L.A. SEATS FAR N.L.A. SEATS LOWER --- 4,133 320 --- 4,133 320 GROUND 10,623 7,083 560 10,736 11,538 560 SECOND 5,680 --- --- 5,680 --- --- TOTAL 16,303 11,216 880 16,416 15.671 880 N.L.A. represents Net Leasable Area in square feet, and FAR represents Floor Area in square feet 5. City Council Ordinance 45-96 This ordinance provided for a code amendment permitting the P&Z, as part of the Special Review Process, to "allow the required payment-in-lieu [of open space] to be amortized in equal payments over [sic] period of up to five years, without interest." 6. Final HPC Approval On March 12, 1997, the HPC granted final approval to the proposed redevelopment of the Isis Theater by a 4-1 vote. This included approval of the architecture and site plan. 7. City Council Resolution 98-18 In March of 1998 the Isis applicants came before City Council seeking an additional five- year deferral before the required payments-in-lieu of open space begin. Resolution 98-18 granted the deferral with two conditions. The first condition established that the five $50,000 per year payments, without interest, will begin on the fifth anniversary after the date of issuance of the building permit rather than in year one. The second condition stipulated that, if the property is not redeveloped according to the site specific development plan for the renovation of the building as theaters, the payment schedule will be considered null and void. The $250,000 cash-in-lieu fee has si11ce been paid in full. 8. HPC Amendments to Final Approl'al On March 10, 1999 the HPC approved an amendment to the Isis Final Approval allowing modifications to the design and materials used on the exterior of the free markel unit to be CUllSllucll:u UIl lup uf lht: lht:alt:r. On Stlplemher R, 1999, the HPC approved another amendment relating to the free market residential unit. 6 , 9. GMC Resolution No.2, Series of2001 On July 17, 2001 the GMC approved a re-evaluation and exemption from the scoring and competition procedures of the GMQS for the conversion of the ground floor of the Isis building to retail use. At the time of the approval, the Code provided a range of employee generation per 1000 square feet of net leasable area (as opposed to the specifically established employee generation rate in today's Code). The applicant and the GMC did not know what type of commercial use would occupy the ground floor and, therefore, could not determine with enough confidence where in the range of employee generation the actual use would fall. Consequently, it was required that the employee housing mitigation would need to be determined by the GMC in a subsequent review to be carried out prior to the issuance of a building permit for thc Isis retail conversion. All previous approvals accepted an employee generation of five FTE for the five-screen theater operation and required housing mitigation for only 60%, or three (3), of those FTE. The built project includes housing for six (6) FTE. Accordingly, GMC Resolution 2-01 states that, "A mitigation credit of three employees shall be applied to the new retail use." GMC Resolution 2-01 is consistent with the January 8, 1995 staff memo to City Council which stated that, "due to the unusually low ratio of employees per square foot for theater uses, any change in use would require significant mitigation, either in the form of cash-in-lieu or off-site buy- down of existing units. /t is unlikely that HPC [Historic Preservation Commission] or staff would support additional units on the roof-top, which would effectively restrict additional on-site housing to the interior of the structure." For instance, GMC Resolution 2-01 provides that new mitigation would be provided by off-site housing units, cash-in-lieu payment, or a combination thercof. GMC Resolution 2-01 remains valid but is no longer vested. As such, the terms of the Resolution remain in full force and effect to the extent that subsequent Code amendments havc not altered or otherwise adversely affected said terms. 9. The MOU executed pursuant to City Council Resolution No. 99, Series of 2006 In its elevcntll recital (note that Article 13 of the MOU states that, "the recitals at the beginning of this Agreement shall be deemed included as terms and conditions of this Agreement"), the MOU provides that the "Commercial Unit" would be re-condominiumizcd so that thc wcsterly theater on the main level ("West Main Thcater") would become a separate condominium unit. Said recital further explains that the City will "approve and permit through its usual land use approval process the conversion of the West Main Theater to retail use, [and] the Lobby reconfiguration...as setforth herein." As required by the MOD, the applicant has begun the process of re-condominiumizing the Isis property in the manner required by Article 3 and its sub-parts. The applicant hereby further commits to completing the re-condominiumization in the manner required to create the West Main Theater and a portion of the existing Lobby space to become Commercial Unit I. Also, the applicant hereby further commits to the following requirements of the MOU relevant to the land use approvals: o Articles 4./.5 and 5./: Commercial Unit 1 will be deed restricted to retail uses, and to prohibit restaurant uses unless appropriate mitigation is paid to the City pursuant to the City 7 . Land Use Code in effect at the time of the requested conversion to restaurant use; and, provided further, that the City Council, in its sole discretion approves such a change in use. o Article 4.1.8: The Isis Property Group, LLC shall use commercially reasonable efforts to sublease Commercial Unit 1 to one or more tenants that are deemed "mid-level" retail uses. The City and the applicant shall include as part of the applicant's sublease, a reasonable definition of "mid-level retail tenant" for this purpose. o Articles 4.2.7 and 4.2.8: Commercial Units 2 and 3 shall be used on a reasonably continuous basis and only for the purpose of operating movie theaters subject to the occasional uses allowed in the MOU. o Article 5.2: Commercial Units 2 and 3 shall be deed restricted to those uses identified in Section 4.2.7; subject, however, to other uses which may be necessary or appropriate in the event of technological, sociological or economic changes rendering theater use obsolete or impracticable. o Article 5.5: Any further development of the building's roof (residential level) shall be prohibited through a recorded deed restriction, unless the consent of the City is obtained. o Article 6.1: The applicant shall pay to the City a monetary sum in full satisfaction of the City's employee housing mitigation requirements, determined in accordance with the City's land use code, in connection with the conversion of the West Main Theater to retail uses. Such cost shall be paid in full when the applicant obtains its building permit for such conversIOn. o Article 7: The City agrees that all plans and submissions of the applicant shall be given first priority for consideration by the City's Community Development Office and for approvals and issuance of building permits, and that no such submissions shall be subject to the customary rule of "first in time". 8 SECTION IV: THE PROPOSED DEVELOPMENT The applicant is requesting approvals to renovate a historic landmark. All applications for approval to renovate a historic landmark must receive a determination of consistency with the City of Aspen Historic Preservation Design Guidelines (hereinafter "the Guidelines") to be approved by the HPC. In addition, the applicant is requesting approval for Commercial Design Review and a parking waiver from the HPC. Growth management approval pursuant to Land Use Code Section 26.470.040(D)(3), Essential Public Facilities, is requested of the City Council upon receipt of a recommendation from the P&Z. The HPC is asked to grant commercial design review approval, a parking waiver, and minor development approval for the changes proposed for the exterior of the Isis structure. The historically significant portions of the building will be left in their current and historic condition. The only exterior changes contemplated in this proposal involve non-historic portions of the building, as follows: the windows on the first floor of the westernmost portion of the building, and the existing doors, will be removed, and replaced with new storefront windows, and one or two sets of recessed doors. An additional door will be created to allow entry into the theaters' ticket lobby. The building forms and masonry work around the existing fenestration will not be altered. Originally, the H. Webber Building had three sets of doors. This proposed design will actually bring the look of the building closer to its historic, original design. The exterior changes contemplated herein are minimal, and consistent with the Guidelines. Please refer to the accompanying plan sets for clear details with respect to the design and program of the proposed development. The plan sets are organized as follows: o Existing South (Hopkins Avenue) Elevation; o Existing Floor Plan, Ground Floor; o Sheet 1: Proposed South Elevation for the Single Tenant Scenario; o Sheet IA: Proposed Floor Plan, Single Tenant Scenario without a 2nd Level; o Sheet 1 B: Proposed Floor Plan, Single Tenant Scenario with a 2nd Level; o Sheet 2: Proposed South Elevation for the Two Tenant Scenario; o Sheet 2A: Proposed Floor Plan, Two Tenant Scenario without a 2nd Level; and, o Sheet 2B: Proposed Floor Plan, Two Tenant Scenario with a 2nd Level. 9 SECTION V: REVIEW REOUlREMENTS HPC Reviews: Minor Development. Since the Isis is a Historic Landmark, the applicant must first receive conceptual approval of the proposed development from HPC, pursuant to Chapter 26.415 of the City of Aspen Land Use Code. The Guidelines state the HPC must find that a "sufficient number of the relevant guidelines have been adequately met in order to approve a project proposal." Chapters 3, 4, and 13 of the Guidelines provide the "relevant" guidelines, and the following demonstrates that a sufficient number of these have been adequately met. Individual guidelines are provided in italicized print, followed by a narrative about applicability and/or demonstrating consistency therewith. Treatment of Windows 3.1 Preserve the functional and decorative features of a historic window. 3.2 Preserve the position, number and arrangement of historic windows in a building wall. None of the windows that are being replaced are historic windows. The new windows will be storefront display windows in keeping with the traditional design. Replacement Windows 3.3 Preserve the historic ratio of window openings to solid wall on a facade. 3.4 Match a replacement window to the original in its design. 3.5 In a replacement window, use materials that appear similar to the original. 3.6 Preserve the size and proportion of a historic window opening. 3.7 Match, as closely as possible, the profile of the sash and its components to that of the original window. As noted above, none of the windows that are being replaced are historic. Energy Conservation 3.8 Use a storm window to enhance energy conservation, rather than to rp.plar.e a historic window. Again, no historic windows are being replaced. Treatment of Existing Doors 4.1 Preserve historically significant doors. 4.2 Maintain the original size of a door and its opening. 4.3 When a historic door is damaged, repair it and maintain its general historic appearance. 4.4 If a new screen door is used, it should be in character with the primary door. None of the doors that are being replaced are historic. Replacement Door 4.5 When replacing a door, use a design that has an appearance similar to the original door or a door associated with the style of the house. 10 The new doors will have recessed entries, providing a shaded area that helps to define the dOOlway, and give pedestrians shelter. These doorways will be more similar in form to the original building. Energy Conservation 4.6 If energy conservation and heat loss are concerns, consider using a storm door instead of replacing a historic entry door. As noted above, no historic doors are being replaced Relationship to the Town Grid 13.1 Respect the established town grid in all projects. 13.2 Orient a new building parallel to its lot lines, similar to that of traditional building orientations. 13.3 Orient a primary entrance toward the street. The exterior of the building will retain its current form, with only the ground floor windows and doors being altered. Therefore, the established town grid will continue to be respected. All of the primary entrances will be oriented toward the street. Alleys 13.4 13.5 Develop alley facades to create visual interest. Retain the character of the alley as a part of the original town grid. The proposal does not change anything with regard to the alley. Building Setbacks 13.8 Maintain the alignment offacades at the sidewalk's edge. As noted above, the only changes to the exterior of the building will be to the ground floor windows and doors. The current fa9ade's alignment will be maintained. Mass and Scale 13.9 Maintain the average perceived scale oftwo-stO/y buildings at the sidewalk. 13.10 True three-story buildings will be considered on a case-by-case basis. 13.11 Consider dividing larger buildings into "modules" that are similar in width to buildings seen historically. The proposed changes with additional display windows and one or two additional sets of doors will not alter the perceived scale of the building. Building Form 13.12 Rec:tangular forms should be dominant 011 COlllme/"cial Co/"e facades. 13.13 Use flat roof lines as the dominant roof form. 13.14 Along a rear facade, using building forms that step down in scale toward the alley is encouraged. There are no changes proposed to the building form, the roof, or the rear facade. 11 Storefront Character 13.15 Contemporary interpretations of traditional building styles are encouraged. 13.16 Develop the ground floor level of all projects to encourage pedestrian activity. 13.17 Maintain the distinction between the street level and the upper floor. The new ground floor windows and doors will encourage more pedestrian actIVIty and interest. There will be storefront display windows, and new, inviting recessed entries. The primary building entrances are all at street level. The current distinction between the street level and the upper floors will be maintained. Repetition of Far;ade Elements 13.18 Maintain the repetition of similar shapes and details along the block. 13.19 Maintain the pattern created by recessed entry ways that are repeated along a block. The new ground floor doors and windows will help to revive a pattern of recessed entryways that the subject building historically provided along the street. Detail Alignment 13.20 The general alignment of horizontal features on buildingfronts should be maintained. 13.21 Special features that highlight buildings on corner lots may be considered. Section 13.21 does not apply. With regard to Section 13.20, the existing and historic alignment of horizontal features on the building front will be maintained. The guidelines of Chapter 14 will be addressed in detail during Final HPC review. Parking Waiver. According to Section 26.415.110 of the City of Aspen Land Use Code, "The City of Aspen is committed to providing support to property owners to assist their efforts to maintain, preserve and rmhanr.e their histe>ric pre>perties. Recognizing that these properties are valuable community assets is the basic premise underlying the provision of special procedures and programs for designated historic properties and districts. " One of the special programs available to historic properties is the ability to obtain parking waivers from the HPC. That is, Section 26.415.l10(C), Parking, provides that "Parking reductions are permitted for designated historic properties on sites unable to contain the number of on-site parking spaces required by the underlying zoning. Commercial designated historic properties may receive waivers of payment- in-lieu fees for parking reductions." Accordingly, the applicant requests that HPC grant a parking waiver for the Historic Isis Building. With the proposed change of one of the theaters to retail usage, additional parking would be requircd. Of all thc potcntial cunvcrsiun scenarios, the greatest amOutlt of "new" net leasable area (NLA) that would be created is approximately 4,870 square feet. Pursuant to Section 26.515.030 of the Code, the increase in NLA would generate a requirement for 4.87 off-street parking spaces. The subject property is unable to contain any, let alone five, on-site parking spaces required by the underlying zoning. 12 Commercial Design Review. The applicant is seeking Commercial Design Review approvals from the HPC. According to Section 26.412.020 of the City of Aspen Land Use Code, an application for Commercial Design Review may be approved, approved with conditions, or denied by the HPC based on conformance with Section 26.412.050, Review Criteria. Said Section, at sub- section I, explains that the HPC may approve, approve with conditions, or deny the proposal so long as, "The proposed development meets the requirements of Section 26.412.060, Commercial Design Standards or any deviation from the Standards provides a more-appealing pattern of development considering the context in which the development is proposed and the purpose of the particular standard. Unique site constraints can justify a deviation from the Standards. " In the current case, the existing landmark building is merely being renovated. The renovations are consistent with the Commercial Design Standards (hereinafter "CDS"), but those existing features that are already inconsistent with any elements of the CDS will not be altered to be brought into compliance. The HPC is empowered to allow such deviations from the CDS given the fact that the building is a landmark designated structure and its existing features provide a "more- appealing pattern of development considering the context in which the development is proposed," its status provides a "unique site constraint" that justifies deviation from the Standards. The first section of the CDS, regarding the building's relationship to the primary street, does not apply to this design review, since the only parts of the building that are being renovated are the windows and doors. Nevertheless, the building fa~ade is parallel to Hopkins Avenue, and the setback is consistent with the requirements of the CC zone district as well as those found elsewhere on the block. The first and second floors maintain a consistent building setback from the primary street, and the first floor is at the level of the adjoining sidewalk without any grade changes or "moats." The second section of the CDS relates to pedestrian amenity space. Pedestrian Amenity Space requirements are associated with redevelopments, not renovations that have no affect on site plans or existing pedestrian amenity spaces. This renovation is exempt from the creation of additional pedestrian amenity space pursuant to Section 26.575.030 of the Code, as there will be no change to the building's footprint. The third and most relevant portion of the CDS for the proposed development is that which addresses the street-level building elements. In the current proposal, there will be no blank walls created, and all walls at the street level will maintain fenestration and fa~ade articulations. The street level wall facing Hopkins Avenue will exceed the requirement for a 60% fencstration ratio. The building entr<)I1ces are well-defmed and apparent, and temporary seasonal airlocks on the exterior of the building will be unnecessary. Section D of the CDS addresses the accommodation of parking. As previously requested of the HPC, the applicant seeks a parking waiver for the historic Isis Building. There is no on-site parking currently and the building covers virtually the entire property. Accommodation of parking on the subject site would result in a less-appealing pattern of development considering the context in which the renovation is proposed. The property's existing conditions and landmark status provide a "unique site constraint" tllat justifies deviation fWllltht: parking stamIarus. The currently existing utility, trash, recycle service area and delivery area will be maintained on the alley, and was specifically approved via Special Review when the building was converted into a multiplex with roof-top residences. No changes to the existing utility, trash, recycle service area and delivery area are contemplated. 13 City Council! P&Z Review: Growth management approval pursuant to Land Use Code Section 26.470.040(D)(3), Essential Public Facilities, is requested. Pursuant to said Section, the development of an Essential Public Facility, upon a recommendation of the Planning and Zoning Commission, shall be approved, approved with conditions, or denied by the City Council based on the following criteria: a) The Community Development Director has determined the primary use and/or structure to be an Essential Public Facility. (See definition.) Accessory uses may also be part of an Essential Public Facility project. Please refer to Exhibit 1, a letter from Chris Bendon, Community Development Director, determining the primary use and structure to be an "Essential Public Facility." b) Sufficient growth management allotments are available to accommodate the uses, pursuant to Section 26.470.030.C, Development Ceiling Levels and Section 26.470.030.D, Annual Development Allotments. Of the proposed development scenarios, the one with the greatest amount of Net Leasable Area (NLA), is the Single Tenant Scenario with a 2nd Floor. While the eventual development may involve one of the other, lesser scenarios, the Single Tenant Scenario with a 2nd Floor is used in response to this and all other growth management related standards so as to ensure that mitigation and allotment requirements will not exceed those contemplated herein. In order to determine the amount of net leasable area (NLA) needed to be allotted, it is necessary to first determine the existing NLA for the portion of the building that will be converted to retail use. The existing theater space to be converted does not maintain any "back-of-house" functions such as private office, common circulations areas, bathrooms, etc. uses solely by tenants on the site. As such, on the ground level, the entire area to be remodeled is currently occupied by the theater use and concessions, all of which is NLA. Therefore, the existing NLA on the ground level for the area in question is 3,325 square feet. Of the existing mezzanine level, only the space occupied by the projection room for theater number one counts as NLA. Some portion of the projection room will be maintained to serve the remaining ground level movie theater, making this a more difficult calculation than meets the eye. Nevertheless, it has bccn conscrvatively estimated that 340 square feet of existing theater number one NLA in the projection room will be converted to retail usc with tlle remutld. Tlu::rdun::, lht:: lulal t::xisling NLA for the portion of the building that will be l'unverled 10 rclail use is 3,665 square feet (3,325 + 340), It is conservatively assumed that 85% of the total area between the interior walls on the ground level will end up as NLA since tenant [mishes will use at least 15% of their total space for circulation, storage, bathrooms and other uses not included in the City's mcasurcmcnt of "nct leasable area." On the second level, in an effurl tu bt:: highly cunsc::rvaliw ami make up for any potential shortfall on the ground level, the entire second level is being considered NLA. Accordingly, under the single tenant scenario with a second level, the applicant proposes the creation of 5,226 square feet ofNLA ([3,325sfx 85%] + 2,400sf). Given the existing NLA of 3,365 square feet, and the proposed creation of 5,226 square feet ofNLA, the total net increase equates to 1,861 square feet ofNLA (5,226 minus 3,365). Therefore, 14 the applicant is requesting an allotment of 1,861 square feet ofNLA, which is believed to fall within the established applicable development ceiling levels and the available annual development allotments. c) The proposed development is consistent with the Aspen Area Community Plan. The proposal contained herein has been prepared in a manner consistent with the terms, provisions and conditions of the MOU executed pursuant to City Council Resolution No. 99, Series of2006. Article 13 of the MOU, states that, "the recitals at the beginning of this Agreement shall be deemed included as terms and conditions of this Agreement"). The recitals of the MOU, in turn, provide that: . AspenFilm is a nonprofit organization which has operated in Aspen for nearly thirty (30) years and which brings artistic, educational and performance programs to the Roaring Fork Valley; and . AspenFilm, the applicant, and the City of Aspen believe that the theaters, which are the sole remaining commercial theaters in the City of Aspen, are a vital public amenity, and AspenFilm, the applicant, and the City of Aspen are interested in assuring the continued operation of at least some of the theaters; and . In addition to its educational seminars and programs in area schools, AspenFilm presents four main film programs each year, including Aspen Filmfest, Aspen Shortsfest, Academy Screenings and Summerfilms; and . AspenFilm is in need for a permanent home for its presentations; and, . The City Council of the City of Aspen has determined that it is in the best interests of the citizens and guests of Aspen to participate in the public/private collaboration set forth in the MOU. Given the commitments being made herein and pursuant to the MOU (see pages 7-8 above), the public interest and needs of the community expressed in the MOU recitals will be preserved and forwarded. For instance: the property will be publicly owncd (though a non-profit corporation); owncrship ofthc theaters will eventually be transferred to Independent Films Inc. (alk/a Aspen Film Fest), which is recognized as a non-profit corporation serving a public interest; there will be a perpetual deed restriction assuring theater or public use of the four remaining theater units within the building; an undivided ownership interest in the affordable housing units within the project will he conveyed to the City of Aspen or the AspenlPitkin County Housing Authority (APCHA); a perpetual deed restriction will be filed prohibiting additional development on the residential level of the building; and, affordable housing cash-in-lieu fees will be paid to the APCHA. Accordingly, it is with the utmost confidence that the appliclUlI stales, lhe prupusal is fully consistent with all elements of the AACP, including its community vision, and growth, transportation, hosing, economic sustainability, historic preservation, design quality, and arts, culture and education philosophies. Indeed, it may very well be the first project to come through the land use approval process since adoption of the 2000 AACP update to forward the goals of the Arts, Culture and Education section of the AACP. 15 d) A sufficient percentage of the employees expected to be generated by the project are mitigated through the provision of affordable housing or cash-in-lieu thereof in a manner acceptable to the City Council. The Employee Generation Rates may be used as a guideline but each operation shall be analyzed for its unique employee needs. The City Council may waive, or partially waive, affordable housing mitigation requirements as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. As suggested by staff in the attached Pre-Application Conference Summary (see Exhibit 3), the provisions for expanding a historic landmark structure - Section 26.470.040(C)(1) of the Code- should be used as a guide in determining employee generation and mitigation requirements. Further, staff suggests that, due to the unique operating characteristics of the project, the applicant rely on Section 26.470.050(A)(I) of the Code, which allows for specific operating conditions to be factored into the calculation of employee generation. As such, the following calculation of employee generation and mitigation requirements is based directly on the suggested Code provisions. Based on the use of existing Code provisions, the following calculations are believed to be fair and conservative with respect to the employee generation and mitigation requirements. Further, and as explained earlier, of the various proposed development scenarios, the one with the greatest amount of Net Leasable Area (NLA) is the Single Tenant Scenario with a 2nd Floor (Sheet IB in the accompanying plan set). While the eventual development may involve one of the other, lesser scenarios, the Single Tenant Scenario with a 2nd Floor is used in response to this and all other growth management related standards so as to ensure that mitigation requirements will not prove to exceed those contemplated herein. Before getting to the numbers, some notes should be made about the assumptions implicit to the calculations. First, all previous approvals associated with the Isis Theater accepted an employee generation of five FTE for the five-screen theater operation and required housing mitigation for only 60%, or three (3), of those FTE. The built project includes housing for six (6) FTE. Accordingly, Growth Management Commission (GMC) Resolution 2-01 states that, "A mitigation credit of three employees shall be applied to the new retail use." A credit for housing of three employees is, therefore, factored into the mitigation calculations below. Next, GMC Resolution 2-01 is consistent with the January 8, 1995 staff memo to City Council which stated that, "due to the unusually low ratio of employees per square foot for theater uses, any change in use would require significant mitigation, either in the form of cash-in-lieu or off- site buy-down of existing units. It is unlikely that HPC [Historic Preservation Commission] or staff would support additional units on the roof-top, which would effectively restrict additional on-site housing to the interior of the structure." For instance, GMC Resolution 2-01 provides that new mitigation would be provided by off-site housing units, cash-in-lieu payment, or a combination thereo( Over the years, therefore, it has been repeatedly accepted that additional on-site employee housing is undcsirable. Consistent with this history, Article 6.1 of the MOD provides that, "Till! Isis Group shall pay to the City...a monetary sum in full satisfaction of the City's employee housing mitigation requirements, determined in accordance with the City's land use code, in connection with the conversion of the West Main Theater to retail uses. Such cost shall be paid in full when Isis Group obtains its building permit for such conversion." 16 Additionally, in an effort to provide a conservative approach to the calculations, it has been assumed that the same five (5) FTE needed to operate the five-screen theater will continue to be needed to operate the four-screen theater. This application does not contemplate lowering the employee generation of the theater operation even though the number of screens will decrease by 20%. As such, all employee mitigation will be attributable only to the new retail space. Finally, Section 26.470.050(A)(I) of the Code allows applicants to request an employee generation review with the P&Z in an effort to establish actual employee generation for a business as opposed to simply relying on the prescribed generation rates of the Code. The applicant is willing to restrict the converted commercial space to exclude restaurant uses, which generate far more employees per square foot of NLA than all other types of commercial uses (office use is already precluded on ground floors by zoning). The 2002 City of Aspen Employment Generation Study found that, when restaurants are excluded, all retail uses generate an average of 2.6 Full-Time Equivalents (FTE) per 1,000 square feet of NLA, whereas when restaurants are allowed the Code prescribes a generation factor of 4.1 FTE per one-thousand square feet of NLA. Rather that an outright prohibition against restaurant use in the remodeled building, the applicant simply asks that any approvals granted for the current conversion state that, should a restaurant use ever be proposed in the future, additional review for employee generation and mitigation needs would be required. In an effort to be conservative and since this application uses a lower employment generation factor than prescribed by the Code, the applicant has NOT taken the 25% reduction granted by the Code for employee generation on upper floors. Rather, the calculations provided below continue to use a generation factor of 2.6FTE/I,000sf of NLA on all building levels (not 1.95 FTE/I,OOOsf of NLA for second level space). Also, it is conservatively assumed that 85% of the total area between the ground level interior walls will end up as NLA since tenant finishes will use at least 15% of the space for circulation, storage, bathrooms and other uses not included in the City's measurement of "net leasable area." On the second level, in an effort to be highly conservative and make up for any potential shortfall on the ground level, the entire second level is being considered NLA. Given the explanations and assumptions provided both immediately above and in response to standard "b" above, and based on the recommendations of staff, the following calculations represent thc cmployee generation and mitigation requirements associated with this application. TOTAL EMPLOYEE GENERATION = . 1st Floor Retail Conversion of3,325sfwill result in 2,826sf ofNct Leasable Area (NLA) (it's conservatively estimated that 85% of the commercial space will be NLA after netting out areas for storage, circulation, bathrooms, ctc. that will rcsult from tenant finishes); @ 2.6 FTE per 1,000sfofNLA = 2.6 x 2.826 = 7.348 FTE . 2,400sf of Second Level NLA @ 2.6 FTE/I OOOsf ofNLA = 2.6 x 2.4 = 6.24 FTE . Total Generation = 7.348 + 6.24 = 13.588 FTE TOTAL MITIGATION REQUIREMENT, PER SECTION 26.470.040(C){l) = First 4 FTE = 0 employee mitigation; Next 4 FTE mitigatcd at 10% = (4 x .1) = 1.2 FTE to be mitigated; Remaining 5.588 FTE mitigated at 60% = 3.353 FTE to be mitigated; Total FTE to be mitigated = 1.2 + 3.35 = 4.55 FTE to be mitigated; Apply credit for 3 extra FTE already provided with housing = 4.55 - 3 = 1.55 FTE to be mitigated... Category 4 housing in-lieu fee = $ 124,307/FTE = 1.55 x $124.307 = $192.675.85 17 Accordingly, the applicant shall pay the cash-in-lieu of housing mitigation fee of $192,675.85 to the City of AspenlAPCHA at the time of building permit issuance for the conversion. If the actual development proves to be either of the two tenant scenarios or scenario of a single tenant without second floor space, the calculations and fee provided for above will be in excess of the requirement. e) Free-Market residential floor area on the parcel is accompanied by affordable housing units or mitigation pursuant to 26.470. 040. C. 6, unless otherwise restricted in the zone district. The City Council may waive, partially waive, or establish a different limitation as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. The proposed contemplated herein does not result in any new free market residential floor area on the parcel. Therefore, this standard is not applicable. f) The project represents minimal additional demand on public infrastructure or such additional demand is mitigated through improvements proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking, and road and transit services. The proposed development represents minimal additional demand on public infrastructure. The existing uses on the property are adequately served with public water, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, and road and transit services. The proposal will not significantly increase the demand on any such services or improvements. To the extent that any additional demands on public infrastructure require mitigation, the applicant will provide for such needs. With respect to parking, the applicant has requested n porking waiver from the HPC in accordance with the provisions of the Land Use Code. It is believed that such parking waiver is necessitated merely as a technicality of the Code but that theater use actually generates a grenter need for parking than does retail use. The parking needs of the project will effectively decrease. 18 EXHIBITS December 22, 2006 Mitch Haas Haas Land Planning Jerome Professional Building 201 North Mill Street Aspen, CO "81611 . Mroi/PrrKIN C0MMtJNID DwntlPMFNT Ofl'A!U'MENT Re:,Isls Redevelopment Dear Mitch; Pursuant to our ongoing discussions and the Memorandum of Understanding concerning the redevelopment of the lsis Theater intI) a four-tlwaIer 'Operation to be .owned by a public agency and deed restricted in perpetuity as a theater or similar publicly accessible use, it is the Community Developm.entDepartm.etlt's oplnion,lIlld my opinion as the Director, that the proj ect contemplated 1n the MOU qualifies as a Essential Public Facility, as the term is defined in tlle City's Land Use CQde. independent {lfw)1ethlllt the "notch," <as the term i.s used in the. MOt:[, is pl!rt oftbe development appliestion. All sucb. all elements of the ptpjcct, includingthetetaiI pOrtion of the project, shall be processed as an Essential Public Facility. We have come to thi's conclusion after reviewing the definition of Essential Public Facility in the Land Use Cod!}, the review criteria applicable to sueh facilities, and considering, the provisions of the MOU which contemplate publie ownersmp (through a non-profit corporation), the future transfer of ownerShip of the theaters to Aspen Film Fest - a nonprofit corporation serving a public interest, perpetual deed restriction for theater or pubHc use of the four remaining theater units within the building, an un:divided public OWnership interest in thc affordable housing units within tlie pro,ieot. and a perpelul1l Tll$triction ngninataddltwnal devclopment on upper levels of the building, all of which ~erve II p\lblic interest and the needs ofthe community. Please contact me if you any questions regarding the Essential Public Facility status of this project. ~ill Chris B!:ndoll, AICP Community Development Director City of Aspen 130S6::ltr GA;-fM ST!<tilrl . Mm'!C(lI.bii:'\0\')81611~1975 . rtjONif97U~9205090 -I'A\ 9-70~92(t5419 !'JitJlN<.>f'lW<rcw",,",,"" "" LAND USE APPLICATION APPLICANT: Name: Location: REPRESENTATIVE: Name: Address: Phone #: PROJECT: Name: Address: Phone #: 1 TYPE OF APPLICATION: (please check all that apply): D Conditional Use D Conceptual Pun D Conceptual Historic Devt. D Special Review 0 Final Pun (& Pun Amendment) i Final Historic Development ~ Design Review Appeal 0 Conceptual SPA Minor Historic Devt. GMQS Allotment 0 Final SPA(& SPA Amendment) D Historic Demolition D GMQS Exemption 0 Subdivision D Historic Designation D ESA - 8040 GreenJine, Stream 0 Subdivision Exemption (includes D Small Lodge Conversion! Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ~ D Lot Split 0 Temporary Use Other: =~ lleSl$J Lot Liue Au' ustmenl 0 Text/Ma Amendment ~Iewj&- IA6WI\I'Je~ EXISTING CONDITIONS: descri tion of existin buildin ,~ Af-PUCA 1i~ '1t>JCT J.. Plbl 5eT ~e you attached the following? FEES DUE: $ ~O~. ~.Pre-Application Conference Summary ~ Attaclunent #1, Signed Fee Agreement iiY.Re~VUIl~e to Allachmtmlll-3, DimtmHional Requirements Form ~ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plan. that ar.larg.r than 8.5" x 11" must be folded and a floppy diJk with an electronic copy ofall writton lod (Microsoft Word Format) must be submitted as part of the application. (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) EXisting:~15.b1t~ Proposed:jJe:r 1~;~4 Ex~sting: ,-; Proposed: ~ 0 : EXisting: 8 Proposed: _ __ Proposed % of demolition (Historic properties only): <:. ~O% Commercial net leasable: Number of residential units: Number of bedrooms: DIMENSIONS: ~ Floor Area: EXisting:~llowable:JJ,rtlJ+ Proposed: <It,cw Principal bldg. height: Existing:~ Allowable:!lz...=-!l~_froposed:~ Access. bldg. height: Existing: t>l//Ir Allowable: ~/A Proposed: MIA On-Site parking: Existing: () Required: b Proposed: b % Site coverage: EXisting:~equired: N/A: Proposed:JJo OII\I'lGe % Open Space: EXisting:~ Required: 7.1),% Proposed:.w atmlGe Front Setback: Existing: () , Required: 0 ' Proposed: 0 ' Rear Setback: Existing: () I Required: 0 I Proposed: () , Combined FIR: Existing: 0' Required: r-I/" Proposed: 0' Side Setback: Existing: 0' Required: 0 ' Proposed: 0 ' Side Setback: Existing: 0' Required: 0' Proposed: 0' Combined Sides: Existing: (')' Required: ~ fA Proposed: 0 t . Existing non-conformities or encroachments: ~O!>\~ Variations requested: Ni').Ie - PAt.t<ule; wAt~ flZbM tIfC CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: PROJECT: REPRESENTATIVE: OWNER: TYPE OF APPLICATION: Chris Bendon, 429.2765 DATE: 12.22.06 Isis Theater Retail Conversion Isis Property Group LLC, Mitch Haas 925.7819 CC Aspen, LLC, and Arizona Limited Liability Company Historic Preservation - One Step. Historic Preservation Commission Planning - Two Step. Planning and Zoning Commission and City Council DESCRIPTION: The contract purchaser of the Isis theater, the Isis Group, LLC, wants to convert the westernmost ground floor theater to retail use with a new street entrance to the retail space and a relocated entrance to the remaining theater use. In the future, there may also be proposed construction of a two-stOlY "notch" on the southeast corner of the properly. The entire project, with or without the notch construction, is an essential public facility due to the public ownership (through a non-profit corporation), the future transfer of ownership to Aspen Film Fest- a non profit corporation serving a public purpose, perpetual deed restriction for theater or public use of the four remaining theater units within the building, an undivided public ownership interest in the affordable housing units within the project, and a perpetual restriction against additional development on upper levels of the building, all as outline in the Memorandum of Understanding signed by the City of Aspen, Aspen Film Fest, and the Isis Group. Land Use Code Section(s) 26.304 Common Development Review Process 26.415.070.C HPC Certificate of Minor Development (does not include the "notch") 26.412 Commercial Design Review 26.430 Special Review for Parking (See 26.515.040 for criteria) 26.470.040.D.3 Growth Management Essential Public Facility Review by: Public Hearing: Referral Agencies: Planning Fees: Staff, Planning and Zoning Commission. Yes, HPC, P&Z, and Council APCHA, Building, Fire, Water/Electric, Sanitation Planning Deposit, Major ($2,700 for 12 hours of staff time, additional hours are billed at a rat~ of $225/hour) ArCIIA $376. $ 3,076 (additIOnal hours over 12 will be bill~d at a rat~ of $225/hour) Rcfcrral Agcncy Fees: Total Dcposit: To apply, submit the following information (applies only to Lot Split application): I. Signed fee agreement. 2. ^pplicont'~ nome, oddl"'.. and telephone, nUlllbl.:r ill 1I1~,ller sil!Tled by the applicant which ~tate~ the name, address and telephone number of the representative authorized to act on behalf of the applicant. 3. Total deposit for review of the application 4. 30 Copies of the complete application packet. 5. Additional materials as required by the specific review. 6. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed amendment complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. Notes: I. The GMQS section for essential public facilities requires that the Land Use Code be used as a guide when determining employee generation and mitigation requirements. Staff suggests the provisions for expanding a historic landmark structure be used as this guideline - Section 26.470.040.C.1. Due to the unique operating characteristics of the project, staff also suggests the applicant rely on 26.470.050.A.l which allows for specific operating conditions to be factored into the calculation of employee generation. 2. Staff recommends the Commercial Design Review be combined with the HPC Minor Review. Staff also recommends the Special Review for parking be combined with the HPC Minor Review. 3. The contract purchaser will need authorization from the current owner to submit the application and represent the owner. Upon transfer of the property and assignment to the City of Aspen or a non- profit corporation associated with the CoA, the Isis Group, and representatives thereof, will need to obtain authorization from the new owner to proceed with 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 mayor may not be accurate. The sunnnary does not create a legal or vested right. December 22, 2006 Aspen Community Development Department 130 South Galena Street Aspen, CO 81611-1975 Re: Isis Theater Remodel Application To whom it may concern: Isis Property Group, LLC is under contract to purchase the Isis Theater. As contract purchasers, the Isis Property Group, LLC has been authorized by the current ownership group to seek land use entitlements from the City of Aspen. Isis Property Group, LLC, in turn, hereby authorizes Haas Land Planning, LLC, Charles Cunniffe Architects, and Klein Cote Edwards, LLC, to submit and process an application for Historic Preservation Commission minor development, Commercial Design Review, Parking Waiver, Growth Management allotments and any incidental or associated approvals necessitated by the proposed Isis Theater remodel project at 406/408 East Hopkins A venue. Should you have any need to contact Isis Property Group, LLC during the course of your review, please do so through Haas Land Planning, LLC, whose address, telephone and fax numbers, and email address are provided in the application. Sincerely, Isis Property Group, LLC Address: P.O. Box 7955 Aspen, CO 81612 Phone: (248) 709-6009 AU3l\V-09-008-l wOO'/UilAe'MMM UOIPIl.QSU!,P alllm'j el zl>>lnsuo) 316 EAST HOPKINS LP RYANCO INC 5525 E CALLE VENTURA PHOENIX, AZ 85018 ALLEN LEONARD A III PO BOX 8316 ASPEN, CO 81612 BALDWIN HARLEY A II 205 S GALENA ST ASPEN, CO 81611 BERGMAN CARL R & CATHERINE M PO BOX 1365 ASPEN, CO 81612 BPOE ASPEN LODGE #224 210 S GALENAST#21 ASPEN, CO 81611 CALDWELL CHARLES G & DEBRA H 3401 LEE PKWY#1504 DALLAS, TX 75219 COLLINS BLOCK LLC 205 S GALENA ST ASPEN, CO 81611 D1=NSON JAMES 0 PO BOX 1614 TUBAG, A7 85646 EASTHOPE THOMAS J 3375 CRYSTAL CT COCONUT GROVE, FL 33133 GALENA PLAZA LLC 30.3845777% COI RONALD GARFIELD ESO 601 E HYMAN AVE ASPEN, CO 81611 T at09lS(jj)AH:lAV\'t\ ~uawa6Jelp ap sues T AEP FAMILY LLL 3.9389931% C/O ANDREW V HECHT GARFIELD & HECHT PC 601 E HYMAN AVE ASPEN,CO 81611 ARCHDIOCESE OF DENVER SAINT MARYS 1300 S STEELE ST DENVER, CO 80210 BANKERS MORTGAGE CORP 1616 ORCHARD AVE GRAND JUNCTION, CO 81501 BLAU JEFF T 181 E 65TH ST NEW YORK, NY 10021 BRAND BUILDING LLC 205 S GALENA ST ASPEN,CO 81611 CENTRE OF ASPEN LLC 54.6248989% PO BOX 1247 ASPEN, CO 81612 COLORADO CABLE CO .167% C/O SUZETTE GOODMA 500 E MARKHAM STE 305 LITTLE ROCK, AR 72201 DOLE MARGARET M C/O FIRST NATIONAL BANK OF CEDARIDGE PO BOX 8455 ASPEN, CO 01612 ELKS LODGE 224 210 S GALENA ST STE 21 ASPEN, CO 81611 GILBERT LEONE 2.7624071% COI RONALD GARFIELD ESO 601 E HYMAN AVE ASPEN, CO 81611 ~ T a.m~ea~ lead .ue3 JOj _ ~ 'l.aauc: unn",n.nC:lu A.C' _ ALH HOLD IN 435 E MAIN S ASPEN, CO 81611 ASPEN FIRE PROTECTION DISTRICT 420 E HOPKINS AVE ASPEN, CO 81611 BENTLEYS AT THE WHEELER PO BOX 10370 ASPEN, CO 81612 BOHNETT MARSHA ANN TRUST 6435 ZUMEREZ DR #20 MALlBU, CA 90265-4060 BULLOCK WILLIAM G FAMILY TRUST .333% PO BOX 282 GLENWooD SPRINGS, CO 81602 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 DAVID DOGWOOD LLC 13.5% C/O LOWELL MEYER PO BOX 1247 ASPEN, CO 01612 DUVIKE INC PO BOX 2238 ASPEN, CO 81612 FOOTLOOSE MOCCASIN MAKERS INC 240 S MILL ST STE 201 ASPEN, CO 81611 GODIVA HOLDINGS LLC 435 E MAIN ST ASPEN, CO 81611 Jaded_paa~ T, r.\7Fl e09lSllVldWll ~8^V esn ~ slaGe1laa.... M:R::I 'AII.i^",-o9-008-l WO)'AJaAe'MMM UO!pI1J~U!,P all!nal el za~lnsuo) ~uaWa6Jelp ap suas T e09lS eAl/3^'" ~!Jeqe6 al ZaS!l!l Jalad l? salpel SaWlnb( GOLDEN ARTS CONNECTION LLC ASPEN INTERNATIONAL ART DBA 213 S MILL ST ASPEN, CO 81611 GOLDSTEIN PETER & ALAN 150 METRO PK #2 ROCHESTER, NY 14623 HALL CHARLES L PO BOX 1819 ASPEN, CO 81612 HANSEN CANTINA LLC 15.72% PO BOX 9343 ASPEN, CO 81612 HANSEN STEVE 11.8169824% COI RONALD GARFIELD ESO 601 E HYMAN AVE ASPEN, CO 81611 HASENAUER C BRUCE & SHERYL R 9397 S SHADOW HILL CIR LONE TREE, CO 80124 HASENAUER COREY B ECKENROTH KYLlE R 0637 CHADSWORTH LN LITTLETON, CO 80129 HENDERSON JAMES C KUCK KATHERINE M 4880 HARLEM RD GALENA, OH 43021 HILLIS OF SNOWMASS INC 170 E GORE CRK VAIL, CO 81657 HINDERSTEIN FAM REV TRUST PO BOX 1576 MERCER ISLAND, WA 98040 HOTEL JEROME INC ClO EVEREST CHRISTY G 9000 N BROADWAY OKLAHOMA CITY, OK 73114 HYMAN MALL COMMERCIAL CONDOS LLC 290 HEATHER LN ASPEN, CO 81611 JACKSON DONNA M .0208% INT 1730 RIDGE DR GRAND JUNCTION, CO 81506 JW VENTURES LLC PO BOX 8769 ASPEN, CO 81612 KANDYCOMINC 766 SINGING WOOD DR ARCADIA, CA 91006 KANTZER TAYLOR MICHAEL FAMILY TRUST #1 216 SEVENTEENTH ST MANHATTAN BEACH, CA 90266 KOCHEVAR JANET BULLOCK .0556% PO BOX 282 GLENWOOD SPGS, CO 81602 LESTER JIM 11 WAVERLY PL - UPPER NEW YORK, NY 10003-6722 LEVY LAWRENCE F & CAROL 980 N MICHIGAN AVE #400 CHICAGO,IL 60611 LOMA AL TA CORPORATION 1"0 BOX 086 LANCASTER, TX 75146-0886 MAIN & MILLLLC 34.28% CIO I. OWELL MEYER PO BOX 1247 ASPEN, CO 81612 MCNULTY KATHLEEN A .0208% INT 12342 WINDWARD WAY ANACORTES, WA 98221 MCNULTY NELSON E .0208% INT 2490 DEPEW EDGEWATER, CO 80214 MCNULTY RONALD J .0208% INT 380 POINT WINDERMERE PL OCEANSIDE, CA 92057-3420 MILL & MAIN LLC 2900 OCEAN BLVD CORONA DEL MAR, CA 1/2625 MILL STREET PLAZA ASSOCIATES LLC ClO M & W PROPERTIES 205 S MILL ST STe 301A ASPEN, CO 81611 MOTHER LODE INVESTORS LLC 620 E HYMAN AVE #lE ASPEN, CO 81611 MTN ENTERPRISES 80B CIO HILLIS OF SNOW MASS 170 GARE CRK DR VAIL, CO 81657 RUHNAU DAVID F & SHARON ENGEL PO BOX 7209 RANCHO SANTA FE, CA 92067 SILVER SlAM COMMERCIALLLC ClO NELSON LINDEN 2100 E MAPLE RD #200 BIRMINGHAM, MI 48009 r e09LS4DAH5II\V~\ ~ T~~~J~~:IJOI - Jadl!dPH:It ~ e09LSnYl~~3:':eNaA"'_llSn A1I3N,f"O!>-OOB-l wo:nUa^e"MMM uop:mJ~U!,p amnaj e) zaJlnsuoJ SMITH ASPEN OEM LLC 23% C/O LOWELL MEYER PO BOX 1247 ASPEN, CO 81612 THE ISIS BUILDING LLC 205 S MILL ST # 301A ASPEN, CO 81611 WALL JANET & RICHARD A 205 S GALENA ST#13 ASPEN, CO 81611 WELLS FARGO BANK C/O DELOITTE TAX LLP PO BOX 2609 CARLSBAD, CA 92018 WILLIAMS DEXTER M 82 W LUPINE DR ASPEN, CO 81611 T e09~S~AH5lAV~\ ~uawa6Jelp ap suas ... SOUTHDALE ANESTHESIOLOGY PROFIT SHARING TRUST FBO ROY G BRYAN 5836 LONG BRAKE TRAIL RD EDINA, MN 55439 US BANK NA & MCNULTY ZELPHA MARJE .083% 422 WHITE AVE, PO BOX 608 GRAND JUNCTION, CO 81501 WALLJANET L 9762 BURNLEY PL BEVERLY HILLS, CA 90210 WENDELlN ASSOC 150 METRO PARK ROCHESTER, NY 14623 WOODS FAMILY LP PO BOX 11468 ASPEN, CO 81612 Ql)09lS ~1I3No' ~!Jeqel5 ai zas!l~ Jalad I(! salpej sllWlnbl STANTON LAVONE KAY TRUSTEE FBe LYON HARRY .167% 500 E MARKHAM STE 305 LITTLE ROCK, AR 72201 VAIL FINE ART GALLERY INC PO BOX 1953 EDWARDS, CO 81632 WARREN DOGWOOD LLC 13.5% C/O LOWELL MEYER PO BOX 1247 ASPEN, CO 81612 WHEELER BLOCK BUILDING LLC TKG MANAGEMENT INC C/O 1001 CHERRY ST STE 308 COLUMBIA, MO 65201 ~ t~~J~~JOj - Jadedpa9;jt ~ e09~S3.1V1dW31eNa^1f.asn ". CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Al!reement for Pavment of Citv of Asoen Deve.Domen. Aoolication Fees CITY OF ASPEN (hereinafter CITY) and Isis Prooertv GrouD, LLC (hereinafter APPLICANT) AGREE AS FOLLOWS, I. APPLICANT has submitted to CITY an application for ..Minor" Historic Develooment: Commercial Desie.n Review: Parkine. Waiver. and Growth Manae:ement (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application compJeteness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings andlor approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Conunission and/or City Council to enable the Planning Commission andlor City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a detennination of application completeness, APPLICANT shall pay an initial deposit in the amount of$ 3.076.00. which is for twelve (l2l hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of 5225.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued cost, shall b. grounds for suspension of processing. and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN Chris Bendon Community Development Director APPLICANT: ISisprope~ B)':~ urtney Lord, Manager Date: ( vlv(,l.Jl.. By: g:\suppurllformslagrpayas.doc Billing Address and Telephone Number: Reauired P.O. Box 7955 Asoen. CO 81612 (248) 709-6009 . = $2700 for 12 hrs of planning staff time; and, 5376 for APCHA referral fee. MEMORANDUM Yllb TO: Mayor Klanderud and Aspen City Council DATE: Stephen Kanipe, Chief Building Official ^ I.. Chris Bendon, Community Development Director \:.>>IWI Urban Wildfire Building Code Hegulations - First Reading of Ordinance #1-= Series of 2007 March 12,2007 FROM: THROUGH: RE: Backl!round: Council held a work session in May 2006 to discuss the need for building regulations regarding wood shake and shingle roof coverings and certain elements of fire resistive construction. As a City surrounded by public lands and varying degrees of vulnerability with regard to wildfires, Aspen has the ability to take proactive measures to mitigate the loss of life and property for its residents by reducing its risk to wildfires. Council decided it is the City's responsibility to reduce its exposure to wildfire damage. Throughout the West, communities such as Snowmass Village, Eagle County, Vail, Breckenridge, Sun Valley and statewide in California are adopting standards in order to mitigate the loss of life and property in the event of a wildfire. Standards focus on the use of flame resistant material roof coverings and screens to prevent burning embers projected by a vegetation fire from entering building vents. Community Development staff continues to work with the Aspen Fire District to ensure that the proposed recommendations are acceptable to the District. The District agrees with all of staffs recommendations except for the allowance of fire resistant impregnated wood shake shingles. This divergence in philosophy is understandable when considering the mission of both the Fire District and the City. At its core, the sole mission of the District is to protect life and property from fire damage. The City also is concerned about protecting the safety of its citizenry against the impacts of fire, but it also has a broader mission. The City must consider promoting an interesting and viable community in which architecture, aesthetics, and building materials play an important role. As a result, the staff recommendation is to allow for these fire resistant impregnated wood shake shingles as a means of achieving fire protection. Direction was given to staff to continue researching the need for minimum construction standards to provide built-in fire protection in areas that are at risk to wildfires, prepare an ordinance and create a Wildfire Hazard Assessment Map to evaluate areas within the city limits. Staff has also written a policy to clarify the application and administration of the new Ordinance. Summary: Aspen has developed adjacent to national forested lands that are often prime wildfire areas and it is the City's responsibility to reduce its exposure to wildfire damage. The Wildfire Hazard Map determined that most of the City is either a Low or Moderate Hazard but certain areas within the city limit are High Hazard zones. Often, communities do not require construction mitigation in these low hazard areas; however, staff is recommending that all structures in the Low and Moderate meet the roof and venting requirements of moderate hazard areas. These standards include banning Class C roof coverings such as untreated wood shakes, requiring emergency equipment access standards when development occurs and minimum fire resistant construction standards for roofing and venting. Class B roofing will be required in Low and Moderate Hazard areas and only Class A or non-combustible roof coverings will be allowed in High Hazard areas. It should be noted that most of the High Hazard areas are un-buildable with the exception of about 30 sites on McSkimming Lane. Pressure treated fire retardant rated shakes are recognized and provided for in the International Building Code, the International Wildland Urban Interface Code, and NFPA 1144 Standard for Protection of Life and Property from Wildfire. Staff spoke with six large roofing contractors and learned that the Class B wood shake is readily available and costs about 20% more than the untreated product. A Class A wood shake is produced and is 80% more than the untreated shake but rarely used. The roofers also mentioned that several Class A synthetic shake looking products are on the market and they have had good results using them. These materials can address the needs of both the City's and fire district's mission of protecting life and property from the impacts of fire. It also aids the City in maintaining a level of aesthetic quality that is compatible to this community's history and setting. Other communities have adopted these materials as allowed roofing materials. Without adoption of these minimum standards, which focus on the use fire retardant wood shakes and shingles and screening to prevent burning embers from entering vents and soffits, the community's residents increase their risk ofloss oflife and property in the event of a wildfire. Recommendation: Staff recommends approval of Ordinance #l"Series of 2007, on first reading. Attachments: . Wildfire Hazard Assessment Map ORDINANCE NO..r (SERIES OF 20017 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO TO AMEND THE 2003 INTERNATIONAL BUILDING CODE AND THE 2003 INTERNATIONAL RESIDENTIAL CODE ESTABLISHED BY ORDINANCE NO. 59, SERIES OF 2003 WHEREAS, on December 8, 2003, the City Council passed Ordinance No. 59, Series of 2003, adopting the 2003 editions of certain International Building Codes, amending requirements, procedures and criteria for construction contractor testing and licensing; and, WHEREAS, Ordinance No 59, Series of 2003, allows structures within the City of Aspen to utilize Class C roof coverings or Class C roof assemblies; and, WHEREAS, The City of Aspen has prepared a Wild Fire Hazard Assessment Map which identifies areas oflow, moderate, and high wildfire hazard; and, WHEREAS, The City of Aspen City Council considers it in the best interest of the public health, safety, and welfare to adopt Ordinance _, Series of2007; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1. That Section 8.20 of the Municipal Code ofthe City of Aspen, Colorado adopting the 1997 editions of the Uniform Building Code Volumes I, II and III be and is hereby repealed and reenacted to read as follows: Section 1 of Ordinance No. 53, Series of2003 is hereby amended to read as follows: (a) Delete Section 1203.2.1 and replace with "Attic ventilation openings, soffit vents and vents through roofs shall not exceed 144 square inches each. Such vents shall be covered with noncombustible corrosion-resistant mesh with openings not to exceed Y. inch." (b) Delete Section 1203.3.1 #6 and replace with "Noncombustible corrosion-resistant mesh with openings not to exceed 118 inch." (c) Section 1505.1 delete the last sentence and replace with "The mlmmum roof coverings installed shall be Class B and Class A in the HIGH areas identified by the City of Aspen Wildfire Hazard Assessment Map." (d) Table 1505.1, delete all C Classifications and replace with B Classification. (e) Table 1501.1, delete footnote (a) and replace with "Unless otherwise required to be Class A covering due to location in High Hazard Area as indicated by the City of Aspen Wildfire Hazard Assessment Map." Section 2: That Section 8.16 of the Municipal Code of the City of Aspen, Colorado adopting the 2003 edition of the International Residential Code is enacted to read as follows: Section 2 is hereby amended to read as follows: (a) Section R317.2.2 is amended by changing the reference to minimum roof covering required in the exception from Class C to Class A. (b) Delete section R408.2 #6 and replace with "Noncombustible corrosion-resistant mesh with openings not to exceed 1/8 inch." (c) Section R806.1 is amended by changing the second sentence to read as follows: "Attic ventilation openings, soffit vents, and vents through roofs shall not exceed 144 square inches each. Such vents shall be covered with noncombustible corrosion-resistant mesh with openings not to exceed Yo inch." (d) Section R902.1 is amended by changing the second sentence to read as follows: "The minimum roof coverings installed shall be Class B and Class A in the HIGH areas identified by the City of Aspen Wildfire Hazard Assessment Map." Section 3 - Administration of Ordinance: The requirements described herein shall apply to all new construction, re-roofing of an existing building affecting fifty (50) percent or more of the total roofing area, and the addition to a building which adds Floor Area as defined in the Building Code. Re- roofing of a building in phases shall require compliance with the provisions herein if the sum of the phases shall affect fifty (50) percent or more of the total roofing area. Construction activities limited to repair and maintenance of roofs, interior conversions and exterior remodels that do not include roofing or an increase in Floor Area shall be exempt from these provisions. Section 4: If any section, subsection, sentence, clause phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the offices of the Pitkin County Clerk and Recorder. Section 5: A public hearing on this ordinance shall be held on the 26th day of March 2007, at a meeting of the Aspen City council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, ten days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 12th day of March, 2007. Helen Kalin K1anderud, Mayor Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this 12th day of March, 2007. Helen Kalin K1anderud, Mayor Attest: Kathryn S. Koch, City Clerk Approved as to form: JoIm P. Worcester, City Attorney MEMORANDUM V'I'~ TO: Mayor Klanderud and Aspen City Council THRU: Chris Bendon, Community Development Director FROM: Amy Guthrie, Historic Preservation Officer RE: 312 W. Hyman A venue- Landmark Designation, Second Reading of Ordinance #45, Series of2006, continued from November 27,2006. DATE: March 12, 2007 SUMMARY: The subject property is a 6,000 square foot lot. It is developed with a Chalet style home that was built in 1954 by Herman Birlauf and his daughter Genevieve. 312 W. Hyman Avenue was considered for landmark designation during the 2000 inventory review. That process began with hearings before HPC, at which time the board determined that a number of sites, including this one, did not have sufficient historic significance. Shortly after that, pursuit of all designations were put aside while the City revamped the preservation ordinance, therefore HPC's recommendations were not forwarded to City Council, and there was never any final action taken. At Council's direction, staff began an on-going effort to work with the owners of post-war properties of historical interest to see if additional landmarks could be preserved cooperatively, however owner consent for designation was never required. On August 30, 2006, staff informed HPC of our concern that 312 W. Hyman Avenue, the subject of this review, was planned for demolition. HPC directed staff to initiate the landmark process over the owner's objection, an action which is within their purview. At their November 8th meeting,S ofthe 6 HPC members felt that the property has historic significance; however several expressed concern over the physical integrity of the structure. Some members wished to have more information and a closer inspection of the building, but the owner requested an immediate decision. The final vote was 3 to 2, recommending that Conncil not designate 312 W. Hyman. Subsequently, staff recommended that the City acquire the property for affordable housing, and presented a scenario for how that might be achieved within the parameters of the existing zoning. City Council voted in favor of the purchase and the closing date is set for March 13, 2007, the day after this public hearing. Due to the large number of items on upcoming Council agendas, staff decided to go forward with this public hearing, conditioning landmark designation on the closing of the sale. Landmark designation is necessary if Council wishes to consider to potential sale of TDR's from this site, and, given the need to retain the placement of the Chalet as well as up to six large trees, HPC setback variances will be needed to accommodate an appropriate project. Following is an analysis of 312 W. Hyman Avenue's compliance with the criteria for listing on the Aspen Inventory of Historic Landmark Sites and Structures. Historical records, photographs, and other supporting documents are attached. Landmark designation requires a recommendation from HPC, and a final determination by Council. 1 Staff finds that 312 W. Hyman Avenue meets the criteria for inclusion on the Aspen Inventory of Historic Landmark Sites and structures and recommends approval. APPLICANT: The City of Aspen is the applicant and will be the property owner as of March 13, 2007. Until that time, the property is owned by Jordan (Jordie) Gerberg. Mr. Gerberg has been represented by Peter Thomas, attorney. PARCEL ID: 2735-124-64-006. ADDRESS: 312 W. Hyman Avenue, Lots P and Q, Block 46, City and Townsite of Aspen, Colorado ZONING: R-6, Medium Density Residential. HISTORIC DESIGNATION 26.415.030B. Criteria. To be eligible for designation on the Aspen Inventory of Historic Landmark Sites and Structures, an individual building, site, structure or object or a collection of buildings, sites, structures or objects must have a demonstrated quality of significance. The significance of the property located at 312 W. Hyman Avenue will be evaluated according to the following criteria: 1. The property was constructed at least forty (40) years prior to the year in which the application for designation is being made and the property possesses sufficient integrity of location, setting, design, materials, workmanship, and association and is related to one or more of the following: a. An event, pattern, or trend that has made a significant contribution to local, state, regional or national history, b. People whose specific contributions to local, state, regional or national history is deemed important and can be identified and documented, c. A physical design that embodies the distinctive characteristics of a type, period or method of construction, or represents the technical or aesthetic achievements of a recognized designer, craftsman or design philosophy that is deemed important. Staff Response: Construction of the house at 312 W. Hyman began in 1954 and was completed in 1956, according to records of the City of Aspen Building Department, the Pitkin County Assessor's Office and the original owner, Genevieve Leininger. Following is a history of how the house came to be built, according to Ms. Leininger. The 312 West Hvman Street Storv by Genevieve Birlauf Leininger (Submitted by letter to the Aspen Community Development Department, October 2006.) 2 The house at 312 West Hyman was built by my father and me in 1956. The following is some background on my father and our family and how the house came to be built. Julius Herman Birlauf was born March 15, 1890 in the city of Basel, Switzerland which is located on the Rhine River where the three countries of Switzerland, France and Germany meet. The house that he was born in was built in about 1325 A.D. In 1912 my father decided he would go to America and join his relatives in Fort Wayne, Indiana. Meanwhile, my mother and her sister had made plans to leave their home in Babenhausen, Bavaria, and join their brothers who were in Chicago, Illinois. Both my father and mother sailed on the SS Pennsylvania from Hamburg, Germany, and arrived in New York on July 1st. They met during the voyage and, although they parted, each to their destination in the States, they kept in touch and eventually married in Ft. Wayne, Indiana - and it's there that I was born. This was one shipboard romance that turned out just fine! It was about this time that my father learned to be a tool-and-die maker. He became sick, at one point, and was advised by his doctor to give up this line of work; (it was thought that the metal filings were damaging his lungs). He was advised by his doctor to move to Colorado where the air and climate, in general, would be better for his health. My mother's brothers, by this time, were in Estes Park, so my younger brother and I were settled with our parents near our uncles. Since my uncles worked as waiters in the Lodge, and, since there was no need for tool-and-die makers in Estes Park, my father applied for a position at the same lodge. When he told the interviewer that he was Swiss, it was assumed that he must be a cook, so, they gave him a big chefs knife and put him to work cutting up the chickens. (Anyway this is the way the story was told to us.) Since the work was seasonal, and jobs were scarce, my father and the rest of us (including my mother's brothers) eventually moved back to Chicago. My father had natural-born talent for anything mechanical or for anything that could be made with his own two hands. He was also an expert photographer who developed and processed all his own photographs. My brother and I, by age 12, were in the darkroom learning to process and print our own photographs 1. During his stints at various upscale hotels and restaurants in and around Chicago (initially as a waiter, and then maitre 'd), he built (including the cabinets) 8-tube heterodynes and l6-tube superheterodynes (powerful, top-of-the-line types ofradios, at the time) which he sold to well-to-do residents living along Lake Michigan, north of Chicago. In 1937, on the 25th anniversary of my parents' arrival in this country they, my brother and I, went to Europe to visit grandparents and other family members. At a stop in Otto beuren, in south Bavaria were relatives who had three daughters. Of course, the girls wanted me to stay, and I wanted to stay. My parents (thinking I would get bored very soon) made me promise that I would stay at least six months. I kept that promise, and, in fact, I stayed and returned in 1940 after having lived in the Black Forest, Basel, ZUrich and Paris. Only WWII convinced me it was I My brother, Hermi, in fact, went on to become a professional photographer and, after the war, until his death in 1986, he and his partner had a commercial photo studio in Denver, Colorado, which was the largest of it's kind between Chicago and San Francisco. 3 time to leave - that and the fact that the last passenger ship to leave Europe for the U.S. was leaving on February 14,1940, from Genoa, Italy. After a short stint as a a member of the aerial photography branch ofthe U.S. Air Force at Canute Field in Champaign-Urbana, Illiniois, during the beginning of WWII, my brother, Hermi, signed up for Officers Training School in Denver. My parents, wanting to be near him, sold their house in Wilmette, Illinois, and settled in Evergreen, Colorado. Well, as happened to others, he was moved around quite a bit and was finally shipped to the Pacific theater of action. But my parents did not leave Evergreen. Meanwhile, after the war, I went to work for the goverrunent with U.N.R.R.A. (United Nations Relief and Rehabilitation Administration) and sailed to Germany, again, in 1945. While over there, I eventually ended up working for the OMGB (Office of Military Goverrunent for Bavaria). After having read an article about Aspen in Time magazine, in the summer of 1947, while on leave, I traveled to Aspen and bought the west Hyman lot from a Jim (can't remember his last name) who was one of those people who bought up lots at that time just by paying the back taxes due. I paid $500 for my lot, and, when I went back to my job in Bavaria, I tried to convince all my ski-loving friends to buy in Aspen. Apparently, none of them saw it as a place to live or even to invest in. I was vindicated however when, later on, and it was too late, they admitted that I had been the smart one. Even my parents didn't think I was too smart. When my father first saw Aspen he was definitely not impressed. We walked into the lobby of the Hotel Jerome for a look-around. Hanging down from the ceiling on a very long cord was a bare light bulb above the reception desk. That was all the light there was. The only place to eat was the White Kitchen or the Red Onion. I remember my father saying he wouldn't want to be "caught dead in such a place." Well, all that changed by the time I came home from Germany in 1954. After my return to the U.S., I came to Colorado and settled in with my parents in Evergreen. Some time later, I started working through Manpower as temporary office help. It was great for me because I could work a week, then take a week off for skiing in Aspen, then go back and renew the procedure. It worked out fine for me and, for a while, I became what was known as a "ski burn." Then, one day while I was pausing on the ski slope, a tall body whizzed by me and with that shape, all in black, I knew it had to be Pat (Costello) Moore. I caught up with her and we got reacquainted. We ,had met in Munich where we both worked in Military Goverrunent for Bavaria (General George Patton's 3rd Army Headquarters.) She told me that Sara and Army Armstrong (whom we both knew from Germany) had a restaurant called the Copper Kettle on West Hopkins Street in a little Victorian house; (at the time, they could seat about 20 people (if that many) downstairs and maybe 12 or 15 upstairs). And that's the way the Copper Kettle got started. Pat told me to bring my dirndl (a dress and apron native to Bavaria) and she would putame to work with her - waitressing. 4 During my travels to Europe before the after the war, I had been inspired by the chalet-style houses I had seen during my travels in Bavaria, the Black Forest in Germany, in Austria (the Tyrol), in northern Italy and Switzerland. Each had its own style depending upon in which country or state it was built in. With regard to the west Hyman lot, I had thought, initially, about building, a small Bavarian-style hotel for skiers. I don't remember when I dropped that idea in favor of a single house. In any event, my father and I began building my house in the chalet-style in the summer of 1954. This worked out just fine for me because the Copper Kettle was open only for dinner. I could report for duty as "salad preparer" in the afternoon and could work on the house with my father in the mornings and on Mondays when the Kettle was closed. We got a lot done on the house that first summer. There were no architectural drawings for the house. Once we had the foundation poured, we just "put it together" as it came along. I knew what I wanted and that's what we accomplished. We built to fit the space (as it were). Whatever creative work I did I could not have done without my father and what he taught me. I think we were a good team. Needless to say, after having done extensive remodeling on our house in Wilmette, Illinois, and the house in Evergreen (as well as building a small chalet), by himself, there wasn't anything my father couldn't accomplish building-wise. After he completed all the plumbing and electrical work, the house was finished in 1956. Having met my husband during the previous ski season, we married on Christmas Eve, 1956, and moved to Cambridge, Massachusetts, where he had been attending the Harvard Law School. My parents had moved into the Aspen house in 1955 as soon as there was a viable roof on the first floor. After the house was completed, they moved upstairs and the downstairs apartment was rented out, over the years, to various renters, some of whom are still living in Aspen (including Gerhard Mayritsch and his wife Elsbeth who rented the downstairs apartment when they first came to Aspen). From that point on, as residents of Aspen, my parents became an integral part of the community of "old-timers" (those who had come to Aspen just after the war) and came to be known, around town, as "Ma and Pa B." Since my father had retired, at this point, he did odd jobs around town for people such as Pat Moore and others who required his carpentry and mechanical talents. One of the things my mother became known for was her Gugelhupjs (a German coffee-cake baked in a Bundt pan). Since she had asked the workers at the post office to save new blocks of stamps for her (which she would send to me for my collection), she wonld bake two Gugelhupjs every week, one for her and my father and one of which she would take down to the post office for the personnel, there, as thanks. Needless to say, she never had many problems with her mail. Friends I had known during my government work in Germany as well as friends from back east would always come around as much as for mother's cooking as for my father's advice on anything that they were doing or having done with regard to carpentry or building work. Such people included: Sarah and Army Armstrong (who started the Copper Kettle), Gerhard Mayritsch 5 (who, with his business-partner, Helmut, started the Wienerstube), Pat Moore, of course, (who had her gallery downtown), Michael Behrendt (who bought and ran the St. Moritz Lodge for a long time), Kurt and Lottie Bresnitz (who owned a jewelry store downtown for many years), and Walter and Herta Mueller, who they knew from Chicago, many years ago, when Walter first came to America. Father was also an avid fisherman, and, whenever we would come out to visit during summer vacations, we were always taking trips out to Maroon and Castle Creek to fish for trout. He kept a worm-farm in an old metal cooler on the ground at the back of the house from which we always dutifully filled up our bait-holders. There was nothing quite like fresh trout cooked in butter with a little lemon squeezed on top to make it all worth while. In December of 1972, my mother, while taking a walk, slipped on the ice, fell and broke her hip. Her hip had to be replaced, and, with the need for extensive rehabilitation, I moved my parents from Aspen to our house in Stanford, California. This, unfortunately, ended their residence of 17 years in Aspen. We lost my father in August of 197 4 (at the age of 84), and my mother in 1979 (at the age of 87). Condolences were received from our friends in Aspen who fondly remembered them for their many years there. In 1980, I returned to Aspen and hired a small plane from which I spread some of their ashes over Aspen mountain. Staff finds that this story, and its connection to the Aspen Community Development Department's paper on the history of Chalet architecture in Aspen (attached), qualifies the property for historic designation under criterion A; relationship to an event, pattern, or trend that has made a significant contribution to local, state, regional or national history. Genevieve Birlauf Leininger was drawn to Aspen because of the international buzz that was being generated as early as the late 1940's. She came for the skiing and found a community that was highly influenced by European, particularly the Germanic culture that was familiar to her family. Ms. Leininger has reported that she was well aware of the other Chalet style buildings that were going up in Aspen at the time her house was built, which would have included The Prospector Lodge, Norway Lodge, Skiers Chalet, Holland House, Guido's, and other private homes. The Prospector Lodge, built in 1947 Guido's Swiss Inn, built in 1951 6 Along with constructing a Chalet style home in Aspen, Ms. Leininger participated in the culture of the time by waitressing at the Cooper Kettle, where the staff wore traditional German clothing. This expression of Aspen as an international resort with a European flavor was also present at Guido's Restaurant, and continues today at The Wienerstube, which opened in 1965. The Birlauf family had many local friends who had immigrated from Europe, and while living in Aspen they continued to celebrate their heritage as seen below. Waitress at Guido's · iJ r-!l~ ~ :; . .'w'.", ""'-'". .' .+~'.'~".' +'~~ .. " .....- . ..I Birlauf wedding anniversary, 1966 Although compliance with landmark criteria A, as noted above, is enough to qualify the property for designation, 312 W. Hyman also meets criterion C, in that it represents a physical design that embodies the distinctive characteristics of a type, period or method of construction, or represents the technical or aesthetic achievements of a recognized designer, craftsman or design philosophy that is deemed important. The Birlauf home was built right at the foot of the ski slope, with the gateway onto the mountain at the time being blocks away, at the top of Aspen Street. It was built on an angle to face the mountain. Historic pictures of the surrounding neighborhood show a pattern of Chalet structures being integrated into the Victorian fabric. Approximately two years after 312 W. Hyman was completed, the St. Moritz Lodge was built next door. This style of architecture exemplifies the social and architectural history of Aspen as it began developing as a ski resort. ~ .~': Historic view from 312 W. Hyman property towards Aspen Mountain 7 View from deck (before railings were built), of Chalet and Victorian buildings in neighborhood. 312 W. Hyman was truly "hand-built" in a way that no longer happens today. All woodwork was created on site and power tools would have been extremely limited. Ms. Leininger reports that the building materials for the cinderblock and stucco ground floor were new, but the materials for the second story were purchased from a salvager in town who demolished older buildings and sold the wood. The Birlaufs received a City building permit, but did not draw plans, instead working from a common vision they had for a mountain home. The fireplace inside the home was built by current Aspen resident Sepp Kessler, an Austrian born ski instructor and mountain guide who moved to Aspen after World War II. At the time he referred to the building as "a real schmuckkastchen," which means jewel box. Genevieve Birlauf describes her father as a wonderful craftsman who could do it all. He was 22 when he came to US and had no prior building experience, but did have carpentry experience including clock-making in Switzerland. There was an obvious pride in the workmanship of this house. The current owner once showed HPC staff a matchbook left on the site that was signed by Herman Birlauf, noting his birthplace of Basel, Switzerland. Ms. Birlauf has indicated that there is a note in the cornerstone ofthe foundation that says "This house was hand-built by Julius Herman Birlauf." The family had first hand knowledge of authentic Chalet buildings, and had the technical ability to construct such a home. Attached to this memo is a paper authored by the Community Development, providing some of the history of chalet architecture in Aspen. Community Development's chalet architecture research paper states: To be eligible for historic designation, a chalet style building in Aspen should exhibit the following distinctive characteristics: . A large singular roof form, generally low in slope, with the ridge running along the short dimension of the structure. This roof usually covers the entire structure without interrnption. The eave of the roof usually comes down to a low plate height at the upper level of the structure. In some residential structures, the upper level only exists under the roof structure with no side walls. . Deep overhangs with the structure of the roof expressed on the underside, eaves and rakes decorated with cutouts and fretwork barge boards. The peak is generally highlighted by a larger decorative element hanging downward. . The footprint of the building is usually rectangular with few deviations from that geometry as the structures go up. . Continuous porches running the circumference of the structure, or at least the length of the primary side. . Decorative elements, usually two dimensional, such as balustrades of vertical boards spaced apart having cutouts providing both a positive and negative shape. Shapes are generally hearts, edelweiss, snowflakes, or other decorative themes from nature. 8 . The structures usually sit on a white stucco base, up to the second floor. This base may have vertical or battered walls. Openings in this area are generally minimal, with wood lintels. . Above the stucco base, vertical siding extends to the roof line. The edge of the siding against the stucco base is usually decorative as well. Vertically staggering the siding creates a scalloped edge. At times, the floor structure extends through the wall with decorative ends engaging the stucco. . Windows are generally horizontally proportioned and are used sparingly. They are sliders or casements, with a center mullion. Shutters and flower boxes are used to decorate the window openings. These elements have similar detailing to the balustrades. . Colors are restricted to the white of the stucco base, the dark brown of the wood walls, eaves, balustrades, etc. Bright colors are used sparingly to accent the eaves and balustrades and other decorative elements. Murals and painted decorative details are sometimes found on the stucco surface. Staff finds that these architectural characteristics are present at 312 W. Hyman. In addition, the building was built during the "period of historic significance" (a term used to define the time span during which the style gained architectural, historical, or geographical importance,) which, through research of other similar buildings, has been established locally as approximately 1946 to the mid 1960's. Although this style was at one time more common in Aspen, there are only approximately 12 buildings left in town that might be considered important within the Chalet style. They include residences, lodges and commercial structures. Only two have landmark protection in place. 312 W. Hyman meets two of the three designation criteria, which leaves the question of integrity to be evaluated. Integrity can be measured through the scoring system that HPC has developed. 312 W. Hyman is well preserved in overall form and design intent. Some trim elements have been removed, however, staff was recently informed by Mr. Gerberg that he has retained those items in storage, therefore they can be put back in place. Staffs integrity assessment is that the property warrants 89 out of 100 points, which is above the 75 point minimum requirement. This building has a high degree of architectural integrity and is one of the best remaining examples of Aspen's Chalet history, in staffs opinion. The groundwork for recognizing examples of Aspen's rich post-war history has been laid for many years, at least as early as the designation of Lift 1 in 1974. The 1986 Aspen Area Comprehensive Plan stated the designation of significant modem buildings as a priority. The existing HPC design guidelines, written in 2000, include a number of modem styles, such as Chalet, as architectural styles of significance to Aspen. There is no reason to believe that the Victorian era is the only part of our history that produced buildings worth saving. Staff supports landmark designation for this property finding that the review criteria are met. Council may approve or disapprove of the landmark request, or a continuance for additional information necessary to make a decision. Council may choose to accept the integrity analysis provided by staff or formulate its own rating for the property. 9 RECOMMENDATION: Staff recommends Council support adoption of Ordinance #45, Series of 2006, landmark designation of 312 W. Hyman Avenue, Lots P and Q, Block 46, City and Townsite of Aspen, Colorado. RECOMMENDED MOTION: "I move to adopt Ordinance #45, Series of2006. CITY MANAGER COMMENTS: Ordinance #45, Series of2006 A. Photographs of312 W. Hyman Avenue taken in September 2006. B. Photographs of312 W. Hyman Avenue from the 1950's and 1960's. C. Time Magazine article from 1947; the inspiration for Genevieve BirlauPs arrival in Aspen. D. Original building permit for 312 W. Hyman. E. Property survey. F. Aspen's 20th Century Architecture: Chalet Style- a paper written by the Community Development Department. G. Architectural Inventory Form, 312 W. Hyman A venue- completed by the Community Development Department. H. Integrity Assessment, 312 W. Hyman Avenue- completed by the Community Development Department. 10 ORDINANCE NO. 45 (SERIES OF 2006) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING DESIGNATION OF THE PROPERTY LOCATED AT 312 WEST HYMAN AVENUE, LOTS P AND Q, BLOCK 46, CITY AND TOWNSITE OF ASPEN, COLORADO TO THE ASPEN INVENTORY OF HISTORIC LANDMARK SITES AND STRUCTURES Parcel ID #: 2735-124-64-006 WHEREAS, the applicant, the City of Aspen, pursuant to Section 26.4l5.030.C, has initiated Historic Landmark review to add the property located at 312 W. Hyman Avenue, Lots P and Q, Block 46, City and Townsite of Aspen, Colorado to the Aspen Inventory of Historic Landmark Sites and Structures. The property is owned by Jordan Gerberg, but is under contract to be purchased by the City; and WHEREAS, 312 W. Hyman Avenue was previously nominated by the City for inclusion on the Aspen Inventory of Historic Sites and Structures in 2000, but the designation process was never concluded and City Council, who has the final determination on this issue, neither approved nor denied the designation; and WHEREAS, the City has completed all necessary public hearing requirements as of October 22, 2006 for this application and the owner has been provided proper notice of all hearing dates; and WHEREAS, Section 26.415.050 of the Aspen Municipal Code establishes the process for Designation and states that an application for listing on the Aspen Inventory of Historic Landmark Sites and Structures shall be approved if City Council, after a recommendation from HPC, determines sufficient evidence exists that the property meets the criteria; and WHEREAS, Amy Guthrie, in her HPC staff report dated November 8, 2006, performed an analysis of the application based on the standards, found that the review standards had been met, and recommended approval; and WHEREAS, at their regular meeting on November 8, 2006, the Historic Preservation Commission considered the application, found the application was not consistent with the review standards and recommended denial of the application by a vote of3 to 2; and WHEREAS, the City Council finds that the application meets or exceeds all applicable standards and that the addition of 312 West Hyman Avenue as a historic landmark to the Aspen Inventory of Historic Landmark Sites and Structures is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1 The City Council finds that the application is complete and sufficient to afford review and evaluation for approval; and Section 2 The City Council does hereby approve designation of the property located at 312 W. Hyman Avenue, Lots P and Q, Block 46, City and Townsite of Aspen, Colorado to the Aspen Inventory of Historic Landmark Sites and Structures, subject to the City closing on its purchase of the property. Section 3: 312 W. Hyman Avenue will be released from the temporary stay of demolition for properties under consideration for Designation to the Aspen Inventory of Historic Sites and Structures after the effective.date of this Ordinance, thirty (30) days following final passage. Section 4: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 5: 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 jnrisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 6: A public hearing on the ordinance will be held on the 12'h day of March, 2007, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Section 7: This ordinance shall become effective thirty (30) days following final passage. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 13th day of November, 2006. Helen Kalin KIanderud, Mayor Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this 12th day of March, 2007. Helen Kalin KJanderud, Mayor Attest: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney E3'fJ1llo I t A "~ , . ~~- - INTER~ ~\~I\D ... , .~"" ~ . ," '" , - .. . ..M.. . " -:~ ~, . ~ JULY 1957 .',. TIME. com Print Page: TIME Magazine -- Ghost on Skis ~tA\~I.\- C Page 1 of2 TIME FROM THE MAGAZINE Monday, Jan" 20,1947 Ghost on Skis Just before it became a ghost in 1894, .the crowded, rough mining town of Aspen, Colo, had a last burst of excitement. From Smuggler Mine on a nearby sJope, prospectors took out a nugget of almost pure silver weighing 2,060 pounds. Last week, after years of deathlike quiet, the boarded-up ghost town had stirred in its creaking coffm-and emerged into a new life. In a three-day- long celebration, Aspen (pop. 1,500) marked its rebi..~w.1. as a skiin.g center. Colorado's Governor Lee Knous gave Edith Robinson, daughter of Aspenjs mayor, a push off to open the is,OOO-ft. ski tow, longest in the world (see cut). With six l4,000-foot peaks near by, plenty of dry, powdery snow, and multi-million-dollar backing, Aspen was out to become the top winter-sport playground in the U.S. The prospector who mined this lode was eupeptic Walter P. Paepcke (pronounced pepkey), founder and board chairman of Container Corp. of America. He fIrst saw Aspen about a year and a half ago, on a skiing expedition from his Colorado dude ranch. The dilapidated houses, barns and chicken coops-remains of a town that once had 16 hotels, an opera house and three theaters-were depressing. But the breathtaking scenery made Mr. Paepcke, a deep-breathing man of many ideas, take a deep breath. Before he went home to Chicago, Paepcke bought one of the old houses, soon returned to buy or lease most of the other buildings. He thought of rebuilding the whole town. But the more he looked at the buildings, the more their quaint, ghostly flavor got him. Result: when he hired Designer Herbert Bayer as architect, Mr. Paepcke (who is the principal backer of Chicago's arty Institute of Design) " gave orders that Aspen's once-Gay Nineties atmosphere was to be preserved to the last piece of gingerbread. Bayer, who bought an Aspen house himself and promptly settled in it, followed orders. In refurbishing the Jerome Hotel, he kept the water- powered elevator, run by ropes pulled by the passengers. While blonde & beautiful Mrs. Paepcke hunted Victorian furniture in Chicago, dormitories, l-.++....../I~TT'n,..n'+;__ _____/...~ __ _ f TIME. com Print Page: TIME Magazine -- Ghost on Skis Page 2 of2 20 guest houses and a sundeck were built, the ski slopes were cleared, a movie house, roller rink and art gallery were constructed. Paepcke imported a chef from Switzerland, a wine expert from Chicago. Ski instructors, plumbers and mechanics trooped in. Overnight, the moribund little town became the liveliest spot in Colorado. Keep in Balance. Paepcke invited such friends as United Air Lines's William A. Patterson, Hilton Hotels' Connie Hilton, Palmer House Manager Joseph Binns to invest in the project, up to $5,000. But most of the bills, more than $1,000,000 so far, were paid by Paepcke. During the fIrst week of business, the gross return on this investment was about $2,500 a day (hotel rates ran from $4 to $14 without meals). With 25 lakes and 1,000 miles of trout strearns within a 20-mile radius, Aspen should do equally well during the summer. But Paepcke is not overly concerned about fIgures. He believes that Americans are too extreme both at work and at play. At Aspen he would like to create a symbol of balance. To do so he plans to promote industries in Aspen that will make woodwork out of native aspen, jewelry out of native silver, clothes out of mountain sheep's wool, cheese from the milk of local cattle. It will be no accident, however, ifPaepcke, whose Container Corp. does some $75,000,000 ,vort..l-} of business a year, also tt1rns A..spen into a tidy profit. eopyright (0 2006 Time Inc. AU rights reserved. Reproduction in whole or in part without permission is prohibited. Privacy Policy "hffT'lo//nr<.l.rnr +;..........'" ,...,...,.......1...:__1___ _ __ " . .". :... t;~ 3 td-. . .~. '--. ~. APP LrCATION E'()R w- l~c7 - BUILDING ;PERMIT ~~,lo\~ "'b -,~ . ''-ii.;, _:",/;.}:.::\:[-:;.~: TO THE CITl:. OF asPEN Aspen, ColOrado - . , The undersigned hereby requests permi,ssion to perform and do the work,rep~irs, construction, alteratiOIl or ~development hereimifier, described and":further agrees to do said work in accordance with this. .' . apP1-ication and in accordance with the plans and specificati611~ supmitted herewith.. This application is made with th'e specific understalldingthat it ,is subject to suspension or revocation for failure to compiy with the . " tehnsQ!'C::onditions upon Wl1ich i,t is approved. j~; ); Location: Lot ~ ;. ,='il! Q BlockV!5 . ~ . i '. . ~..aj1)J,;ti .4..,'~'~ .'. '< } De~GripHonof Structure: (Spedfywidth, length, square feet, type.of; '. "'~"'. .........,.~'L',,~i,'j,'20IlStr~Stion. typ~of roof, etc. )"';!i'X_'4ii:t...~~ '~~,f3~d ,~..;: :,~~~~"'~~~r~ . . "',.~~l~";;:~~~ci~(: .' 'Intel1ded Use and PUrpose: .;-;".jl~~ifi ~~"."f${" ~ . '" ~ '.>' '> .f;"Z;':' :--' '''., -, "T>'. :!'t - '; ~'.'--I' . i..", .,.'<-'--..... Estimated C6$t of Con~truction: .<!!''''='''"",,,",'' . . ,....'"'''''''.,.........,.'':'l,....'q\l!l; ,... Distance from lot lines: N..,- ~.; S..,.:~ J!l!fl E__~~$1!' . . ~ '. . ~ Name of Contractor or Buildet:l~ ~'" ~$.*"F't"'. . Name. and Address of Owner: "'~""~ '~"'-'...m"""' -t'lO. .;~~_ "':"~_~', :..,~. . "c'- - ;;., ";">. .-.,,:-':Z-{i;',:; -",-<;,-';~ . "'....,; '.' W "'". .--,Q.'" -'-....; ."," ....J; . Additional Remarks: ~~~ ~ lic:t4.. _.... "_C'.' :....,. ,~~ ~:h ...} ~ ~'::,:.-...i~.- >__l-r~~if,~"": ,. !1, ;!'>:r:;-,",~-k'~l1'fU:..tvt/f '. Applicap.t ... 1 By APPLICATION (Approved) ~~~.'Th.i.s. .$ day.of subjeCt t.o the following conditions:.. - . .--. ~ > 195'4" :;"" "~." ~.~~-- '. . ""~"~;i "-\' - .r"~ k'.,: ,~- '+"~-'7 ~r:i#~~ ;!~j -~l]~' --- ,~, ,'cjfu U -:. ..~'l:1}, it! " -'" ~ ,..., f ,"~', '- ~ri~,--"""-l'\"~~" "" , City Building Inspector - - _ _~ _____.."_0 __. _ --._--- -~_. p co o o o ~ NEIGHeo. RS TIE. R11:-AINI/'iG I ....ALL 8ULG(S 0..,. III LUlL ~ IN THIS J.AE4 '" , 1 ! .1 \J r. \ \ '"' r=(T) 0... C ..., o v z 5 750"J9' II'" E l\at+ E- 6000 Q I I o I I I I ~\ '?o \ ~~ \ \\ \. o o o o , I I IS\O?-i st... . Cl '0 .y,.. 3; ~. ~ en . ... C '" 0 v , .~ / !~.~~- , , c- ~I \ \ \ \ \ \ \ G' ~ ." L \ <". " \ \ "'" ~ > L <" '" " .L \ \ \ N 75009'11" W 60.00' ~l1lL \+ t=- ASPEN'S 20th CENTURY ARCHITECTURE: CHALET STYLE BUILDINGS When the bottom fell out of the silver mining industry in 1893, Aspenites considered resuscitating the economy by capitalizing on the town's inherent beauty in an effort to attract tourists to the valley. However, it was not until almost 40 years later, at a time when skiing as a recreational sport was beginning to take hold in the United States, that Aspen found its true calling. Tom Flynn, Billy Fiske, and Ted Ryan were among the first to acknowledge Aspen's potential as a premier ski resort and were the principal investors in the Highland Bavarian Lodge, a Chalet Style structure built in the Castle Creek Valley in 1936. The development of the Highland Bavarian Lodge was the fIrst attempt to emulate European resorts, a trend that would continue for over thirty years (well into the 1960's) as the town tried to prove its legitimacy to tourists, and compete with famous destinations such as St. Mortiz and Chamonix. The idea of creating a ski area in the United States that mimicked the look and character of European resorts was being discussed by another town at the time as well. Sun Valley, the first destination ski resort in North America, was the brainchild of Averell Harriman, who sought to imitate Swiss and Austrian villages. The Challenger Ski Lodge, built at Sun Valley in 1937, was also modeled after the European Chalet Style. Architect Gilbert Stanley was asked to design "something like a Tyrolean village."[ Using the imagery of the Alps was considered by some to be important to the success of the new resorts, in effect, subtly suggesting that America's slopes could rival Europe's. Harriman was disappointed with Stanley's initial design, so he then asked Hollywood art director Ernst Fegte to design a Tyrolean fa9ade. The resulting building was painted to resemble a cluster of chalets, and was later used as the set for Claudette Colbert's movie Swiss Ski Adventure.2 Highland Bavarian Lodge, built in 1936 The development of the Highland Bavarian Lodge in Aspen was not unlike the example in Sun Valley, albeit on a much smaller scale, and without the Idaho resort's immediate success. The earliest tourism promotions for Aspen appealed to one's sense of adventure and the ruggedness of the Rocky Mountains-boasting of hunting, fishing and seclusion. However, the Lodge's brochure, penned by humorist Robert Benchley in 1936, took on more international flair and stated, "Aspen, Colorado is a place where you can indulge in winter sports without having to get a passport, wrestle with the Atlantic, stop in Paris at the expense of your health, and come all the I Wendolyn Spence Holland, Sun Valley: An Extraordinary History, 230. 2 Holland, 230. 1 way back again.',3 Benchley's brochure for the lodge went on to say 'loU can have just as good a time falling down there as you can on any of the European slopes." Benchley also assured potential clients that the snow in America was as good as any place in Europe. The lodge itself consisted of a dining room and living room heated by a big fireplace, and two double-decker bunkrooms that could accommodate sixteen people.5 The building was nestled in a picturesque setting and designed by architect Gordon Kauffman. Jimmy Bodrero, an artist from the Disney Studios, created the decorative motif. (Involvement of individuals from the movie industry with the design elements in both Sun Valley and Aspen suggested the importance, from the outset, of creating a specific European-like mountain "scene" in these emerging ski towns.) The effort to create a ski area around the Highland Bavarian drew to Aspen the fIrst of the European ski specialists who saw striking similarities in terrain to the Alps. Andre Roch, a Swiss avalanche expert, and Dr. Gunther Langes, an Italian, were hired to spend a year exploring the Aspen area to determine the best location for skiing. The Highland Bavarian Lodge investors sought legitimacy for their project by consulting with the well known Europeans. Roch asserted that the mountains immediately surrounding the town were insufficient, and he and Langes eventually settled on the upper Castle Creek Valley, where the ghost town of Ashcroft is located, and Mt. Hayden rises above the valley. Roch envisioned Ashcroft's transformation into a Swiss village. Historian Anne Gilbert writes, "Andre Roch had found the perfect place to develop a ski resort. He knew that the Americans in the 1930's were interested in skiing and they would pay to ski at a resort reminiscent of the Alps.',6 The personal records of Ted Ryan included a plan for a Swiss-style village, and series of trams to shuttle skiers up to the top of the surrounding mountains. But the dream of the Swiss village at Ashcroft died with the onset of World War II, and with the death of Billy Fiske, who was killed in action. It was revived for a short time after the War- the vision changed to a new, Hollywood inspired "Wild West" village- but plans were eventually scrapped altogether. The focus of ski resort development in the Roaring Fork Valley shifted, instead, from Castle Creek to Aspen Mountain, where the fIrst "Boat Tow" had been built in 1937 (modeled after those used at Kitzbuhl, Austria), and where Roch had laid out Aspen's first ski run. Europe's stylistic influence on America's destination resorts went beyond physical layout and design of the buildings, however. Along with technical authorities such as Roch, American resorts recruited top ski instructors from Europe in the 1930's and 1940's, which, given the political turmoil of Europe, proved less than diffIcult. In fact, all of Sun Valley's first instructors were Austrian, and wore Tyrolean uniforms. th Many of the same ski instructors later joined the 10 Mountain Division, an elite mountaineering division of the United States Army, which led to their discovery of Aspen on weekend leaves from the training base at Camp Hale (near Leadville). After the war, many veterans returned to the area, among them Friedl Pfeifer, a talented and well-known skier from 3 Robert Benchley, "How to Aspen," 1936~ 4 Benchley 5 Anne Gilbert, Re-creation Through Recreation' Aspen Skiingfrom 1870 to 1970, 17~ 6 Gilbert, 22. 2 St. Anton, Austria. Pfeifer had run the Tyrolean influenced ski school at Sun Valley prior to the War, but moved to Aspen at the end of the War to help create a resort in the area that reminded him most of home. In his memoirs, Nice Goin': Mv Life on Skis, Pfeifer recalls his first impression of Aspen: "The mountain peaks looming over the town made me feel like I was returning to St. Anton."? Elli's of Aspen The Aspen Skiing Corporation, which Pfeifer co-founded in 1946 with Walter Paepke, differed fundamentally in its design philosophy from Sun Valley, primarily due to the direction of Chicago industrialist Walter Paepcke, and artist Herbert Bayer, who was the architect of many of the first Ski Company's first buildings. The Bauhaus style favored by these men did not lend itself to the design of chalets. Nevertheless, Pfeifer's association with Aspen helped to give it an international flair, which attracted a number of Europeans to move here after the war. Several of these individuals, including Fred and Elli Iselin, opened small businesses in town and applied the Chalet influences reminiscent of their hometowns to their buildings. Businesses such as Epicure, served up European pastries. Elli' s of Aspen sold fIne European ski clothing, located in a Victorian building across from the Hotel Jerome for four decades, and quickly established Aspen as a sophisticated ski town. Elli' s fa9ade was decorated with ski figures and edelweiss, again reinforcing the Tyrolean influence in Aspen. Similarly, according to a 1954 Aspen Times article, The Little Nell Cafe, a modest log cabin located slope side on Aspen Mountain, was decorated with a coat of arms representing the states of Switzerland.8 The owner, a Swiss immigrant, was honoring his homeland with the designs on the exterior fa9ade. Additionally, of course, lodges were the building type that employed the Chalet style most commonly, and even residents who were not recently immigrated from Europe incorporated the style into their properties. The Prospector Lodge, 301 E. Hyman Avenue, built in 1947,since demolished and replaced ? Friedl Pfeifer, Mv Life on Skis, Ill. 8 Aspen Times, January 14, 1954, 4. 3 Comparisons to European ski resorts were also evident in advertising. Sun Valley's brochures boasted of Austrian ski instructors and appealed to elite visitors who traveled both by train and plane. The Aspen Chamber of Commerce's advertising throughout the 1950's and 1960' s had this character as well. In a brochure promoting lodging and accommodations, the Norway Lodge notes "the intimacy and charm of an old world inn, at Aspen's No. 1 chairlift.,,9 In the same brochure the Skiers Chalet and Steak House and Edelweiss also emphasize their "chalet" accommodations. In a multi- page pamphlet, entitled "Aspen, Wonderful Ski Town," created by the Chamber, there are several passages that emphasize Aspen as an international resort with a European flavor. "In fact," the brochure states on the opening page, "Aspen knows few rivals. No European resort today can advertise a larger, more elaborate, more luxurious ski village right at the foot of the slopes."lo Several pages later, when discussing Aspen's nightlife, the brochure claims, "It has been said that Aspen's reputation as a ski-and-fun town rivals, indeed overshadows, that of the most celebrated European ski resorts."ll The Norway Lodge, built in 1954 Skier's Chalet, 71 0 S. Aspen Street, built in 1955 Perhaps "Aspen, Wonderful Ski Town" best summarized Aspen's 1950's international design character: "Modern Aspen is a study in architectural contrasts, ranging from Swiss baroque to contemporary American."l2 Promoting Aspen's varied architectural styles further emphasizes the importance and influence of the Chalet style in our town's history. Unlike Vail (which created a later Hollywood "scene" as a Tyrolean village) the early Western American ski resort towns like Sun Valley and Aspen were an eclectic mix of Chalets, Rustic Style buildings, and Victorian structures from the 19th and early 20th century mining and ranching days. Fortunately for Aspen, Chalet Style buildings from the post-War period still exist today. The lodges, Mountain Chalet, built in 1958 9"Lodging and Accommodations" brochure, Written Material File: Tourism 1950s and 1960s, HeritageAspen Archives. lOAspen, Wonderful Ski Town, Pamphlet, Written Material File: Tourism 1950s and 1960s, HeritageAspen Archives. llAspen, Wonderful Ski Town, 12 l2Aspen, Wonderful Ski Town, 21 4 many of which still personify European warmth and hospitality, exemplify the social and architectural history of the community as it began developing into an international ski resort. Who knew that in 1936, the Highland Bavarian Lodge, the only structure built in Aspen in the wake of the Silver Crash in 1893, would influence a design period in which an imported style would take hold? Aspen's post-War Chalet Style lodges included The Prospector (built in 1947, and since demolished), the Norway Lodge (1954), Skier's Chalet (1955), the Holland House (1956), and Mountain Chalet (1958). Guido's Restaurant (1951) was the best example of a downtown building in the Chalet style, but unfortunately, was demolished before the style could be recognized as an important part of our heritage. Classic examples of the style built as residences well into the 1960's, also still remain. Eligibility Considerations 949 w: Smuggler Street, built in 1946 There are specifIc physical features that a property must possess in order for it to reflect the signifIcance of the historic context. The characteristics of the Chalet Style, whose origins in Europe date from the 1700's, include: moderately shallow roof pitches, horizontal design elements, prominent wood balconies with cut-out railings, and decorative bargeboard trim. Delicate painted details are sometimes found on the bargeboards, and on wall surfaces. Sometimes the buildings will have applied half timbering. The best of Aspen's remaining examples of this important style exemplify these classic features. Cresta Haus, East Cooper Avenue, since altered Paint color also plays an important role in this style. Typically, the body of the building is dark brown, and trim is painted in a light color, or the reverse; white walls with dark stained or painted trim. Primary exterior materials are stucco and wood. To be eligible for historic designation, a chalet style building in Aspen should exhibit the following distinctive characteristics: . A large singular roof form, generally low in slope, with the ridge running along the short dimension of the structure. This roof usually covers the entire structure without interruption. The eave of the roof usually comes down to a low plate height at the upper level of the 5 structure. In some residential structures, the upper level only exists under the roof structure with no side walls. . Deep overhangs with the structure of the roof expressed on the underside, eaves and rakes decorated with cutouts and fretwork bargeboards. The peak is generally highlighted by a larger decorative element hanging downward. . The footpriut of the building is usually rectangular with few deviations from that geometry as the structures go up. . Continuous porches running the circumference of the structure, or at least the length of the primary side. . Decorative elements, usually two dimensional, such as balustrades of vertical boards spaced apart having cutouts providing both a positive and negative shape. Shapes are generally hearts, edelweiss, snowflakes, or other decorative themes from nature. . The structures usually sit on a white stucco base, up to the second floor. This base may have vertical or battered walls. Openings in this area are generally minimal, with wood lintels. . Above the stucco base, vertical siding extends to the roof line. The edge of the siding against the stucco base is usually decorative as well. Vertically staggering the siding creates a scalloped edge. At times, the floor structure extends through the wall with decorative ends engaging the stucco. . Windows are generally horizontally proportioned and are used sparingly. They are sliders or casements, with a center mullion. Shutters and flower boxes are used to decorate the window openings. These elements have similar detailing to the balustrades. . Colors are restricted to the white of the stucco base, the dark brown of the wood walls, eaves, balustrades, etc. Bright colors are used sparingly to accent the eaves and balustrades and other decorative elements. Murals and painted decorative details are sometimes found on the stucco surface. The period of historic signifIcance for this style, which is a term used to define the time span during which the style gained architectural, historical, or geographical importance, can be defIned as approximately 1946 to the mid 1960' s. After that, the connection to the character- defIning features described seems to break down. The decoration is toned down considerably, and the upper floors are not clad in wood siding. Similarly, the examples of chalet structures that have been built recently, which are relatively few in number, employ a more eclectic combination of details and architectural features inconsistent with the earlier examples discussed in this paper. 6 Base of Aspen Mountain ~ Guido's Restaurant 7 Guido's- Interior Mountain Chalet 8 Lift 1 BIBLIOGRAPHY Aspen Times, January 14, 1954. "Aspen, Wonderful Ski Town." Pamphlet. Written Material File: Tourism 1950s and 1960s, HeritageAspen. Benchley, Robert. "How to Aspen." Pamphlet. Written Material File: Skiing: Aspen, History, HeritageAspen. Gilbert, Anne M. Re-Creation Through Recreation: Aspen Skiing From 1870 to 1970. 1995. Aspen Historical Society, Aspen, Colorado. Holland, Wendolyn Spence. Sun Vallev: An Extraordinarv Historv. San Francisco: Palace Press International,1998. "Lodging and Accommodations." Brochure. Written Material File: Tourism 1950s and 1960s, HeritageAspen. National Register of Historic Places, Multiple Property Documentation Form, Historic Resources of Aspen (MRA) (amemdment), "Ski Developmeut Resources of Aspen," Roxanne Eflin, 1989. Pfeifer, Friedl and Morton Lund. Nice Goin': Mv Life on Skis. Missoula: Pictorial Histories Publishing Inc., 1993. 9 ~~;lo\tG- OAHP1403 Rev~ 9/98 COLORADO CUL rURAL RESOURCE SURVEY Official eligibility determination (OAHP use only) Date Initials Determined Eligible- N R Determined Not Eligible- NR Determined Eligible- SR Determined Not Eligible- SR Need Data Contributes to eligible NR District Noncontributing to eligible NR District Architectural Inventory Form (page 1 of 4) I. IDENTIFICATION 1. Resource number: 2. Temporary resource number: 3. County: 4. City: 5. Historic building name: 6. Current building name: 7. Building address: 8. Owner name and address: 5PT.959 312WHY Pitkin Asoen 312 West Hvman Ave. Aspen. Colorado 81611 Jordan V. Gerbero PO Box 907 Laouna Beach. CA 92652 II. Geographic Information 9. P~M. 6 Township 10 South Range 84 West NW 14 of SW 10. UTM reference Zone-L -L; -L ---L --L- -L --L- -LmE --L -L -L --L -L --L- -LmN 14 of SE ',4 of SE 14 of Section 7 11. USGS quad name: Aspen Quadranole Year: 1960. Photo Rev. 1987 Map scaie: 7.5'-2L- 15'_ Attach photo copy of appropriate map section~ 12. Lot(s): P & Q Block: 46 Addition: Year of Addition: 13. Boundary Description and Justification: Site is comorised of Lots P & Q: Block 46 of the City and Townsite of Aspen. Assessors office Record Number: 2735-124-64-006 This description was chosen as the most specific and customary description of the "site. III. Architectural Description 14. Building pian (footprint, shape): Rectanoular 15. Dimensions in feet: Length x Width 16. Number of stories: Two StOry 17. Primary external wall material(s) (enter no more than two): Wood Sidino: Stucco 18. Roof configuration: (enter no more than one): Gable- Roof 19. Primary external roof materiai (enter no more than one): Svnthetic Roof 20. Special features (enter all that appiy): Resource Number: Temporary Resource Number: 5PT~959 312.wHY Architectural Inventory Form (page 2 of 2) 21. General architectural description: A wood frame structure on a full stOry heioht stucco base~ The structure is oriented at an anole to the street. facino oenerally south. The ridoe of the structure runs the lenoth of the rectanole exposino the oable end to the street. The stucco base has two oaraoe doors centered on the facade, and an ooen deck above seryino the second level. The entry door is centered on the oable end with horizontal windows on either side of the door. The main door. on the second level is accessed by way of an exterior stair on the side of the buildina~ The stair and deck are sur~ounded by a semi-solid rail with cut outs creatlna a positive / neaative detail around the oerimeter. the bottom edae of the deck has a cut-out decorative trim board overhanaina the stucco wall below. The oable and eave ends have a decorative scallooed fascia board with a droooed finial In the oeak and at the bottom of the rake boards. The stucco base has battered walls on the south face. which become vertical walls on the sides. horizontal wood sldino covers the maiority of the frame walls on the uPper level with at field of vertical sidino. with the typical decorative ends. In the shallow oable end. The oerimeter of the structure has ~Imila'r horizontal window ooeninos characteristic of this style. both in the stucco wall and the wood frame wall en the west side a "'air of french doors 0 ens to the "ard with side Ii ...- Ill~. 22. Architectural style/building type: Modern Movements: Noveltv 23. Landscaping or special setting features: One laroe and one medium soruce bracket the buHdina. other sianificant trees at the perimeter. lawn infills under the trees. 24. Associated bUildings, features, or objects: none IV. Architectural History 25. Date of Construction: Estimate Actual 1954 Source of information: Asoen/Pitkin Community Develooment Department Files 26. Architect: Unknown Source of information: 27. Builder/Contractor: J. H. Birlauf of Basel Switzerland Source of information: Asoen/Pitkin Community Develooment Department Files and note found on site " 28. Original owner: Genevieve Birlauf Source of information: Pitkin Countv Assessor 29. Construction history (include description and dates of major additions, alterations, or demolitions): Garaoe doors other minor alterations dates unknown 30. Original location 2L- Moved Date of movers): V. Historical Associations 31. Original users): Domestic 32. Intermediate users): 33. Current users): Domestic Resource Number: Temporary Resource Number: 5PT.959 312.wHY Architectural Inventory Form (page 3 of 3) 34. Site type(s): Residential Neiohborhood 35. Historical background: This structure is reoresentative of Asoen's earlv deveiooment as a ski resort. The 1932 Winter Olvmoics in Lake Placid. NY soarked an enthusiasm for skiino and Eurooean sMe in the US. and skiers as well as lodoe owners came to Asoen and brouoht the characteristic buildino stvle of the Tvrol to the area. 36. Sources of information: Asoen's Architectural Context. Post WWIL Dart of the 2000 Survev of Historic Sites and Structures. VI. Significance 37. Local landmark designation: Yes Designating authority: 38. Applicabie National Register Criteria: No~ Date of designation: A. Associated with events that have made a significant contribution to the broad pattern of our history; 8. Associated 'vvith the lives of peisons significant in our past; -X C. Embodies the distinctive characteristics of a type, period, or method of construction, or represents the work of a master, or that possess high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; or D. Has yielded, or may be likely to yield, information important in history or prehistory. Qualifies under Criteria Considerations A through G (see Manual) Does not meet any of the above National Register criteria 39. Area(s) of significance: Architp.ctlJrp. 40. Period of significance: Mid 1900's Skiino Develooment 41. Level of significance: National _ State _ Local lL 42. Statement of significance: This structure is sionificant for its oosition in the context of Asoen's deveiooment as an international skiino resort~ It is indicative of the Eurooeans who came to oarticioate in the develooment of the ski resort. and brouoht this Eurooean style with them. Durino this time manv resorts were based on this stvle of blJildino end IJltimatp.lv the soort end the erchitectlJrAl stvle became synonymous. 43. Assassment of historic physical integrity related to significance: Structure is intact in form. scale and" oattern~ VII. National Register Eligibility Assessment 44. National Register eligibility field assessment: Eligible _ Not Eligible X Need Data Resource Number: Temporary Resource Number: 5PT.959 312WHY Architectural Inventory Form (page 4 of 4) 45. Is there National Register district potential? Yes _ No ~ Discuss: If there is National Register district potential, is this building: Contributing 46. if the building is in existing National Register district, is it: Contrlbuting_ Noncontributing _ Noncontributing _ VIII, Recording Information 47. Photograph numbers: R 15: F32 33 Negatives filed at: Asoen/Pitkin Community Develooment Deot 48. Report title: City of Asoen Uodate of Survev of Historic Sites and Structures 2000 49. Date(s): 6/29/2000 50. Recorder(s): Suzannah Reid and Patrick Duffield 51. Organization: Reid Architects 52. Address: 412 North Mill Street PO Box 1303 Asoen CO 81612 53. Phone number(s): 970 920 9225 NOTE: Please attach a sketch map, a photocopy of the USGS quad. map indicating resource location, and photographs. Colorado Historical Society - Office of Archaeology & Historic Preservation 1300 Broadway, Denver, CO 80203 (303) 866-3395 312 W. Hyman - ~/! ,., ,~ 'r. " ~ N ~~\l>I'+ M INTEGRITY ASSESSMENT- CHALET Integrity is the ability of a property to convey its significance. **** NOTE: THIS ASSESSMENT IS BASED ON THE STATE OF 312 WEST HYMAN WHEN LANDMARK DESIGNATION WAS INITIATED**** . LOCATION Location is the place where the historic property was constructed or the place where the historic event occurred. 5 - The structure is in its original location. 3 - The structure has been moved within the original site but still maintains the original alignment and proximity to the street. o -The structure has been moved to a location that is dissimilar to its original site. TOTAL POINTS (maximum of 5) = 5 . DESIGN Design is the combination of elements that create the form, plan, . space, structure, and style of a property. BUILDING FORM 10 - The original plan form, based on authenticating documentation, is still intact. 6 - The plan form has been altered, but the addition would meet the design guidelines. o - Alterations and/or additions to the building are such that the original form of the structure is obscured. Staff response: 10- The original plan form is entirely intact based on historic photographs attained from the original owners, ROOF FORM 10 -The original roofform is unaltered. 6 - Additions have been made that alter roof form that would meet the current design guidelines. o -Alterations to the roof have been made that obscure its original form. Staff response: 10- The original roof form remains unaltered. SCALE 5 - The original scale and proportions of the building are intact. 3. - The building has been expanded but the scale ofthe original portion is intact and the addition would meet the design guidelines. 1 o - The scale of the building has been negatively affected by additions or alterations. Staff response: 5- The original scale and proportions of the building are unaltered. DOORS AND WINDOWS 10- The original door and window pattern are intact. 8- Some of the doors and windows are new but the original openings are intact. 4- More than 50% of the doors or windows have been added and/or the original opening sizes have been altered. 0- Most of the original door and window openings have been altered. Staff response: 7- Two door openings have been added to the ground leve1- one replaced a window on the west elevation. The rest of the original windows and doors openings appear to be intact. EXTERIOR BALCONIES AND W ALKW A YS 5- The exterior balconies, walkways and their decorative form are intact. 3- The exterior balconies and walkways have been enclosed but maintain an open character and some original materials. 1- The exterior balconies and walkways have been enclosed or most original materials are gone. 0- Original exterior balconies and walkways are gone. Staff response: 5- The exterior balconies and walkways are unaltered. CHARACTER-DEFINING FEATURES 5- The form and features that define the Chalet style are intact. 3- There are minor alterations to the form and features that define the Chalet style. 1- There have been major alterations to the form and features that define the Chalet style. Staff response: 5- The form and features that defIne the Chalet style are intact. TOTAL POINTS (maximum of 45) = 42 . SETTING Setting is the physical environment of a historic property. 5- The physical surroundings are similar to that found when the structure was originally constructed. 3- There are minor modifications to the physical surroundings. 0- The physical surroundings detract from the historic character of the building. 2 TOTAL POINTS (maximum of 5) = 3 The home remains in a residential context, as originally constructed; however, like all of Aspen, the density of the neighborhood has increased. . MATERIALS Materials are the physical elements that were combined or deposited during a particular period of time and in a particular pattern or configuration to form a historic property. EXTERIOR SURFACES 15- The original combination of exterior wall materials and the decorative trim materials are intact 10- There have been minor changes to the original combination of exterior wall materials and the decorative trim materials, but the changes have been made in a manner that conforms with the design guidelines. 5- There have been major changes to the original combination of exterior wall materials and the decorative trim materials. 0- All exterior materials have been removed or replaced. Staff response: 13 - The original exterior wall materials (wood and stucco) and the chalet detailing and trim (decorative bargeboard, balustrade, balconet) are mainly intact beneath added wood pieces. The original shutters and window boxes, currently missing, were on the residence when the application for designation was initiated, and therefore, are included in the scoring. DOORS AND WINDOWS 10- All or most of the original doors and windows units are intact. 5- Some of the original door and window units have been replaced but the new units would meet the design guidelines. 0- Most of the original door and window units have been replaced with units that would not meet design guidelines. Staff response: 10- All of the original windows units appear to match the historic photographs, but the front door was replaced. TOTAL POINTS (maximum of 25) = 23 . WORKMANSHIP Workmanship is the physical evidence of the crafts of a particular culture or people during any given period in history or prehistory. DETAILING AND ORNAMENTATION 15- Original detailing and ornamentation is intact 10- There have been some alterations or loss of the original detailing and alteration. 3 5-Some detailing is discernible such that it contributes to its understanding its stylistic category Staff response: 13- The original balustrade, ba1conet, and bargeboard details remain obscured by added elements. The original shutters and windowboxes were intact in September 2006, and are included in this assessment. The wooden garage doors and the scalloped wood details remain prominent on the fa~ade. FINISHES & COLOR SCHEME 5- The finishes and color scheme that define the Chalet style are intact 3- There have been minor alterations to the finishes and color scheme that define the Chalet style. 2- There have been substantial alterations to the finishes and color scheme that define the Chalet style. Staff response: 3- The white stucco and the green shutters remain consistent with the original. Some detailing around the windows, roof and porch elements have been painted green and does not keep with the original. color scheme. The majority of the wood appears to have been painted brown, rather than keeping with the original stain; but the same overall feel of the color scheme is still realized. I TOTAL POINTS (maximum of 20)= 16 MAXIMUM NUMBER OF POINTS= 100 MINIMUM THRESHOLD FOR DESIGNATION= 75 POINTS TOTAL NUMBER SCORED FOR 312 WEST HYMAN IS 89 POINTS. Note: Each area of the integrity analysis includes a description of the circumstances that might be found and a point assignment, However the reviewer may choose another number within the point range to more accurately reflect the specific property, " 4 VI' \ b MEMORANDUM TO: FROM: THRU: RE: Mayor Klanderud and City Council ---Ytl\ Joyce Allgaier, Community Development Deputy Director Chris Bendon, Director of Community Development ~ THE LODGE AT ASPEN MOUNTAIN FINAL PUD, TIMESHARE, SUBDIVISION, GROWTH MANAGEMENT REVIEWS, ORDINANCE No.5, SERIES OF 2007- PUBLIC HEARING DATE: March 12,2007 Picture of the existing Mine Dump Apartments proposed to be demolished to make way for the "Lodge at Aspen Mountain" (photo taken from South Aspen Street). An existing single-family residence further down the hill off of Garmisch Street is also proposed to be razed and would be the locat~on for the fractional residence portion of the project. PROJECT: THE LODGE AT ASPEN MOUNTAIN FINAL pun REQUEST Approval of a final PUD and timeshare development plan and consideration SUMMARY: of other land use approvals to demolish the existing Mine Dump Apartments and one single-family residence in order to redevelop the two properties with a 118 unit, 175,000 square foot, multi-story structure to consist of 80 hotel rooms, 21 fractional units, 4 free-market condominium units, 13 affordable housing units, commercial and ancillary space and 257 parking spaces in two sub-grade parking garages is requested. ApPLICANT: Centurion Partners, LLC on behalf of Aspen Land Fund 11, LLC, represented by Vann Associates. LEGAL Block 6 of the Eames Addition and Lots 7-20, Block II of the Eames DESCRIPTION: Addition (and a small triangular shaped lot described by metes and bounds) STAFF Staff recommends approval of the development with conditions as put forth in RECOMMENDATION: Ordinance No.5, Series 2007. -1- **The Lodge At Aspen Mountain application includes two volumes; one is the Final PUD Application and the other is the Appendix. This report will refer to various submittals and exhibits contained within both of these volumes. ** PLANNING COMMISSION REVIEW AND RECOMMENDATION: On February 6, 2007, the Planning and Zoning Commission took action on this application and recommended in favor by a unanimous vote of 5-0 to recommend final approval of the development proposal. The P&Z conducted 3 public hearings to discuss and deliberate on the final application. There were five key areas of focus and reevaluation in the final PUD review process for the P&Z, as follows: . The structural massing, height, and scale changes since conceptual review, . The site plan changes, including access, street facing walls and setback changes along South Aspen Street, . The provisions for making the development exceptionally energy efficient, . The Construction Management Plan, and . The public infrastructure and landscaping associated with the project to ensure that public improvements were comprehensive, created a sense of place, and complemented the needs of the neighborhood (especially on-street parking, sidewalk location and design, and landscaping in the public areas). The P&Z's approval is reflected in the proposed City Council ordinance included in this report. (Minutes of the P&Z hearings will be provided with the 2nd reading packet.) The conditions of approval are those which the P&Z adopted in its Resolution No.3, Series of 2007, after its deliberations. Overall, the P&Z felt that the evolution of the project through conceptual and final has yielded an excellent project for the site. It is a development that takes advantage of a key site that is highly appropriate for lodging and tourist and ski area related uses, the development is exceptional in terms of achieving affordable housing and energy efficiency goals, and the project solves some outstanding issues of parking and the safety of South Aspen Street. PROJECT BACKGROUND: The Lodge at Aspen Mountain project received conceptual PUD and conceptual timeshare approval through City Council Resolution No. 69, Series of2005 on November 28, 2005. Conceptual PUD and timeshare approval was granted for a hotel containing eighty (80) hotel units, twenty-one (21) timeshare units, four (4) free-market residential units, and sixteen (16) on-site affordable housing units after more than fifteen (15) public hearings before the Planning and Zoning Commission and City Council that spanned over approximately two (2) years. In unanimously granting the conceptual approval, City Council called for work to be done on the overall scale of the proiect, the interaction of the proiect with South Aspen Street, and the preservation of views of Shadow Mountain from South Aspen Street before the project should be considered for final approval. Staffs evaluation of the Final PUD application shows that the Applicants have significantly amended the development plan to address the concerns of Council. Numerous significant changes have been made to the - 2- building elevations, massing and height, access points, relationship of the building to the street and energy efficiency. REVIEW PROCESS: The City's land use code establishes that the Planning and Zoning Commission is the final review authority on several of the Growth Management requests, 8040 Greenline, and Conditional Use requests. Additionally, the Plarming and Zoning Commission is the recommending body to City Council on the Final PUD, Final Timeshare, Growth Management for multi-year allotments and subdivision requests. ApPLICABLE LAND USE CODE SECTIONS: The following land use approvals are required in conjunction with this final application and the purview of final approval is also noted. 1) FINAL PLANNED UNIT DEVELOPMENT (PUD): A PUD is requested by the Applicant to 1.) establish the allowable floor area, building height, open space, parking and setback requirements for the proposed lodge, and 2.) to allow timeshare lodge development. (Staff has prepared specific findings for the Final PUD in Exhibit "A"). Final Review Authoritv: City Council. 2) FINAL TIMESHARE: The Applicant proposes to sell 1/8th undivided fractional interests in the twenty-one (21) fractional units. To qualify as a timeshare, the proposal must comply with the Review Standards for Timeshare Lodge Development (See Staff Findings for Final Timeshare contained in Exhibit B) pursuant to Land Use Code Section 26.590, Timeshare. Final Review Authoritv: City Council, 3) SUBDIVISION: Subdivision review is required for land which is to be used for condominiums, apartments, or any other multi-family dwellings and to sell the lodge's fractional units pursuant to a timeshare use plan. Final Review Authoritv: City Council. 4) GROwrn MANAGEMENT QUOTA SYS1EM REVIEWS: The following GMQS reviews are requested: . Conversion of Residential Reconstruction Credits to Tourist Accommodation Units: The Applicant proposes to use this exemption to convert fifteen (15) of the nineteen (19) residential reconstruction credits (from the demolition of existing units at the Mine Dump Apartments and the existing single-family residence) into forty-five (45) of the eighty (80) proposed hotel units (utilizing a multiplier of 3, as allowed in the Code - additional explanation on this process is provided later in the report) pursuant to Land Use Code Section 26.470.040(C)(4), Growth Management Review: Conversion of Residential Reconstruction Credits to Lodging Units. Final Review Authoritv: Plarming and Zoning Commission Granted by P&Z. . ExpansionlNew Commercial. Lodge. or Mixed Use Development: In order to construct the remaining fifty-six (56) hotel/timeshare lodge units that are not -)- accounted for by the residential reconstruction credits that are requested above, the Applicant has requested growth management review for new lodge rooms pursuant to Land Use Code Section 26.470.040(C)(2), Growth Management Review: Expansion/New Commercial, Lodge, or Mixed Use Development. Final Review Authority: Plarming and Zoning Commission. Granted by P&Z. . Affordable Housing: This review is requested in order to construct the thirteen (13) proposed affordable housing units pursuant to Land Use Code Section 26.470.04(C)(7), Growth Management Review: Affordable Housing. Final Review Authoritv: Planning and Zoning Commission. Granted by P&Z. . Affordable Housing Outside of Citv Limits: In order to provide affordable mitigation outside of the city limits as has been proposed in this application, the proposal must satisfY the review criteria set forth in Land Use Code Section 26.470.040(D)(2), Growth Management Review: Provision of Required Affordable Housing Units Outside City Limits. Final Review Authority: City Council. . GMOS-Multi-Year Allotments: The Applicant requires approval of multi-year allotments for the commercial component of the hotel because the 2006 growth management allocation for commercial square footage has already been applied for and assigned to other development applications. The application must meet the criteria established in Land Use Code Section 26.470.040(D)(1), Growth Management Review: Exceptional Project or Multi-Year Development Allotment. Final Review Authority: City Council, . Replacement of Demolished Units through the Resident Multi-Family Replacement Program: In order to utilize the residential reconstruction credits from the demolished units of the Mine Dump Apartments, the Applicant must replace fifty percent of its units and bedrooms as deed-restricted affordable housing on the site. If the Applicant complies with the applicable criteria, they may receive approval for this pursuant to Land Use Code Section 26.530, Resident Multi-family Replacement Program. Final Review Authority: Community Development Director, 5) CONDOMINlUMIZATION: Approval of a condominium plat is required in order to sell the free-market residential units and timeshare estates individually. Final Review Authority: City Council. 6) CONDmONAL USE REVIEW: A conditional use review is required for the restaurant that is proposed pursuant to the requirements of Land Use Code Section 26.425, Conditional Uses. Final Review Authority: Planning and Zoning Commission. Granted by P&Z. 7) 8040 GREENLINE REVIEW: All development within 150' above or below the 8040 foot elevation above sea level is subject to specific environmental impacts review pursuant - 4- to Land Use Code Section 26.435.030, 8040 Greenline Review. Final Review Authoritv: Planning and Zoning Commission. Granted by P&Z, PROPOSED DEVELOPMENT: The Applicant is proposing hotel/timeshare project containing one hundred and one (101) hotel and timeshare lodge units, four (4) free-market residential units, thirteen (13) affordable housing units, a spa, and a restaurant in a building of 175,000 square feet. The project site consists of two parcels - known for these planning purposes as Parcel 1 and Parcel 2 (see the application for the boundaries of Parcels 1 and 2). Parcel 1 includes the lower portion of the site, north of Juan Street and west of South Aspen Street, where a small existing single-family residence and a vacant field is located. Parcell is proposed to be the site for the majority of the fractional units, the spa and fitness center, the affordable housing units, the outdoor pool and terrace, two (2) of the free-market residential units, and 170 of the 257 parking space s proposed in the project. Parcel 2 comprises the upper portion of the site, south of Juan Street and west of South Aspen Street, where the Mine Dumps Apartments and Aspen Skiing Company employee parking lot are presently located. The uses that were proposed on Parcel 2 in the application include the majority of the hotel rooms, the remainder of the fractional units, the other two (2) free market units, the apres ski/dining terrace, ballroom, meeting rooms, lobby, restaurantlbar, sundries shop, and the other 87 space parking garage. HOTEL UNITS: Of the 101 proposed units, eighty (80) are to be hotel rooms in five (5) different room configurations, which are broken down in the table below: Hotel Units: No, of Units Unit Size Lock-Off Canabilitv Standard Hotel Rooms 39 370-580 Sq. Ft. No Lock-Off Executive Rooms 31 590-830 Sq. Ft. No Lock-Off I-BR Suites 8 930-1,020 Sq: Ft. No Lock-Off 2-BR Suites I I 1,100 Sq. Ft. I No Lock-Off I 3-BR Presidential Suite II 1 I 1,730 Sq. Ft. No Lock-Off I Total Hotel Keys II 80 I --------.---------- No Lock-Off FRACTIONAL UNITS: Twenty-one (21) fractional units of varying size are proposed (see table below) to be sold in 1/8th interests. These are to be located primarily in the structure located on the north end of the site on Parcel 1, with (9) of the twenty-one (21) units located on the third and fourth floors ofthe structure on Parcel 2. Each purchaser of an interest in the units are to be guaranteed a maximum of four (4) weeks of occupancy (two (2) weeks in the summer and two (2) weeks in the winter) in a specific unit type, which accounts to a total of thirty-two (32) weeks a year (4 weeks x 8 shares/unit). Seventy (70) days per year in each unit are to be considered "float time" which owners could reserve (at least 30 days in advance and whatever time was left over was to be available to the public at large to rent on a nightly basis). No lock-off of the fractional -5- units is contemplated (for a full review of the proposed timeshare program, see Timeshare review later in the report). Fractional Units: I No, of Units I Unit Size Lock-Off Canabilitv 3-BR Units I 7 11,800 - 2,345 SQ. Ft. No Lock-Off 4-BR Units 14 No Lock-Off 2,000- 3,600 SQ. Ft Total Fractional Units I 21 I -------------------~ -------------------- FREE MARKET CONDOMINIUM UNITS: Four (4) free market condominiums are proposed to be located on the top of each of the lodge structures. The application requests that the developer have the option to place these units in the timeshare pool if they wish to. Free Market Units: No. of Units Unit Size Lock-Off Canabilitv 4-BR Units 4 4,240- 3,450 SQ. Ft. No Lock-Off Total Free Market Units 4 -------------------- -------------------- AFFORDABLE HOUSING UNITS: In order to meet a portion of the affordable housing requirements (those related to the Multi-Family Replacement Program), thirteen (13) affordable housing units are proposed to be provided on-site, ten (10) of which are completely above-grade on first level of the structure to be constructed on Parcell. Nine (9) of these units that are completely above grade have individual entrances that open out to the north. The other three (3) affordable housing units are partially above-grade and partially below grade and their entrances are located in a common hallway that runs adjacent to the spa. In total there are ten (10) studio units, two I-bedroom units, and one 2-bedroom unit proposed on-site. The following table describes the distribution of affordable housing units proposed on the site: Affordable Units: No, of Units I Unit Size I Studio Units 10 I 416- 490 Sq. Ft. I I-BR Units I 2 I 604- 754 Sq. Ft. 2-BR Unit I 852 Sq. Ft. Total Affordable Housinl! 13 I --.------------------ I The affordable housing units being provided on-site satisfy the resident multi-family replacement program requirements for the demolition of the Mine Dump Apartments. To satisfy the remainder of the employee housing mitigation requirements for the hotel, the Applicant has proposed off-site units to be constructed in both the City and in the County within the Urban Growth Boundary. During the conceptual review of the application, the Applicant proposed to provide 60% of the employees to be housed within the city limits and 40% of the employees to be housed in Pitkin County. City Council seemed to believe -6- this as an acceptable distribution of the necessary employee mitigation at the time of conceptual PUD review. Related to this project, the Applicant has submitted a separate land use application to construct thirty-two (32) units of affordable housing on the Smuggler Racquet Club property, which would house 70 of the employees that are required to be mitigated for. Additionally, the Applicant is currently constructing seventeen (17) units of affordable housing at the AABC, eight of which they would like to use as employee housing mitigation for the lodge project. The other nine (9) units are to be used to partially mitigate the employee housing requirements of the Residences at Little Nell. Please see Staffs discussion about the proposed employee housing mitigation under "Staff Comments". DIMENSIONAL REOUIREMENTS: The following table outlines the proposed dimensions of the project and compares them to the underlying UTR Zone District regulations that were in affect at the time the Conceptual PUD application was originally submitted in October of 2003 (dimensional requirements to be established through the PUD process are shaded): Dimensional Requirement Minimum Lot Size Minimum Lot Areal Dwelling Side Yard Setback Proposed Development 39,249 Sq. Ft.* represents the smallest of the two existing parcels Multi-Family- 1 bedroom per 1,000 square feet of lot area. Lodge- No Requirement Parcel 1- 2,8 to 10,8' Parcel 2- 5,9 to 58.9' Parcel 1- East Side Yard-7.4 to 31.2' West Side Yard- 106.2' Parcel 2- North Side Yard- 0' South Side Yard- 8 to 33' Approved Conceptual Plan 39,249 Sq. Ft.* represents the smallest of the two existing arcels Multi-Family- I bedroom per I ,000 square feet of lot area. Lodge- No Re uirement *Parcell- 4' 4" Parcel 2- 8' *Parcel 1- East Side Yard- 8' West Side Yard- 115.5' Parcel 2- North Side Yard- 5' 2" South Side Yard- 5'4" - 7- 2003 LrrR Zone District 6,000 Sq. Ft. Multi-Family- 1 bedroom per 1,000 square feet of lot area. Lodge- No R uirement 5 Feet Allowable Hei t Required Open Space square Allowable FAR square Off-Street Parking VEIDCULAR ACCESS: Guests and residents of the facility are to arrive by one of two entrances off of South Aspen Street, depending on what portion of the structure they want to access (although all uses in the structure are accessible from inside). It was planned that those guests/residents that wished to access the majority of the fractional units, the spa and fitness center, and the affordable housing units on Parcel 1 would enter into the underground parking garage from the northernmost entryway. Guests/residents desiring to access the main entry to the hotel, the remainder of the fractional units, the free market units on Parcel 2, the restaurant and bar, ballroom and the other accessory uses on Parcel 2 were to arrive into the southernmost entrance from South Aspen Street. OFF-SITE iMPROVEMENTS: Several off-site improvements of note are included in the proposal. In addition to widening Juan Street to city standards and dedicating additional right-of-way to accommodate it and installing curb, gutter, sidewalks, planting strip and street trees, the Applicant also proposed to make some significant improvements to the base of this side of the ski area (in cooperation with the Aspen Skiing Company). Additionally, the Applicant has proposed to completely reconstruct and snowmelt South Aspen Street south of Durant A venue in conjunction with the Lift One Lodge project that is proposed on the east side of South Aspen Street. The reconstruction of the street would terminate in a cul-de-sac at the southern terminus of the street. Finally, the Applicant proposes funding the replacement ofthe existing Lift lA with a high speed double lift. It is proposed that the Applicant would contribute $4 million dollars so that the Aspen Skiing Company could construct the new lift. The Applicant has provided a letter from the Aspen Skiing Company that identifies that the new lift would be proposed to be up and running the first ski season that the Lodge at Aspen Mountain would be operational. STAFF COMMENTS: Consistencv with Conceptual Approvals: As was mentioned at the beginning of the memorandum, the Applicant received conceptual PUD and timeshare approval for the proposed development on November 28, 2005. The conceptual approvals that were granted by City Council were for a hotel/timeshare lodge containing eighty (80) lodge units, twenty-one (21) fractional lodge -8- units, four (4) free-market residential units, and sixteen (16) affordable housing units. City Council approved the conceptual proposal with direction to the Applicant to further scale back the massing of the project. Council also directed the Applicant to enhance the relationship of the structure with South Aspen Street to provide for a more pedestrian friendly feel. Finally, Council also discussed that the building should frame the view of Shadow Mountain from South Aspen Street better than was represented in the conceptual design. The application indicates that the Applicant has revised the design of the lodge since the conceptual approvals to try and address the comments that they heard from City Council during the conceptual review. Staff believes that the overall use program is similar to what was approved during conceptual with the exception that the Applicant has removed three (3) of the on-site affordable housing units from the development plans that were approved during the conceptual review. The timeshare plan that is proposed is also identical to the conceptual timeshare use plan. The dimensions proposed are also similar to the dimensions that were approved during the conceptual review as is evident by the dimensional requirement chart included above. In the following paragraphs, Staff addresses the direction that Council provided to the Applicant during the conceptual review and analyzes the Applicant's response. Scale and Massinf!: The application explains that the overall height of the structure in most places has been reduced from the plan that was conceptually approved. The conceptual design contained ridge heights that were around 60 feet, which have been reduced, with an overall maximum ridge height on the final PUD plan topping out at 55 feet. Related to the ridge height reduction, the amount of the roofline that exceeds 42 feet as measured by the land use code height methodology has been reduced from about 60% of the roof to around 50% of the roof. Staffs most significant massing concern with the original conceptual design was the perceived massing of the building module that was proposed directly to the south of Juan Street that extends to the comer of Juan Street and South Aspen Street. Staff believed this portion of the building to be the most visible portion of the building from the corner of South Aspen Street and Durant Avenue, a very public vantage point. Throughout the conceptual review of the proposal, Staff and the Planning and Zoning Commission requested that the Applicant reduce the massing of this element of the building. The Applicant did so to satisfy Staff and the Planning and Zoning Commission's concern over the massing of this element prior to the Planning and Zoning Commission issuing a recommendation on the conceptual design. During City Council's review of the conceptual design, Council appeared to be focused on the overall massing of the central portion of the building located on Parcel 2. Since the conceptual review, the Applicant has removed the two (2) significant east to west running ridges, one each in the narrow parts of the building that were proposed to the - 9- north and the south of the main entrance to the lodge on South Aspen Street. The removal of the ridges can be viewed in the photo below: Staff and the Planning and Zoning Commission felt this central portion of the building was significant in scale, but chose to focus more on the other portion of the building described above because it will be more visible outside the immediate neighborhood than the central portion of the building. Nonetheless, Staff believes that the Applicant has responded to the concerns expressed by City Council about the central part of the building by removing the major rooflines. Staff feels that the removal of the significant chimneys that were illustrated in the conceptual design is also a considerable improvement to the central massing of the structure. Relationshiv with South Asven Street: Council expressed a need for the building to have a stronger relationship with South Aspen Street than it did during the conceptual review. In response, the Applicant has made the previously recessed main entrance to the lodge on South Aspen Street a more prominent feature of the fayade by bringing it closer to the street. The Applicant has also provided a covered porte-cochere at the lobby entrance to provide more of a presence on South Aspen Street. Courtyards have also been provided on both sides of the porte- cochere to provide a space that the pedestrian can use. Staff believes that the design does now interact better with the streetscape, but Staff does feel that some further improvement can be made by providing additional benches and other landscaping features adjacent to the right-of-way to draw the pedestrian's attention to the property. View of Shadow Mountain from South Asven Street: There was discussion by City Council about the building framing the view of Shadow Mountain better from the Dean Street corridor area. The Applicant has provided several renderings from the perspective of South Aspen Street that are included in the application. Staff feels that the view of Shadow Mountain from South Aspen Street - 10- would be framed better if the Applicant were to remove the covered walkway over Juan Street. However, Staff does understand the Applicant's argument for needing the covered walkway that was made in the conceptual reviews. During the conceptual review, the Applicant expressed that they needed to maintain the covered walkway in the design for the purpose of connecting the main hotel with the fractional ownership component so that the housekeeping staff would not have to exit the structure and cross Juan Street to service both portions of the lodge. That said, the covered walkway over Juan Street has been lowered since the conceptual review concluded. The Applicant did pul1 the northern portion of the structure on Parcell back further to the south in order to provide a greater view corridor towards Shadow Mountain between the Lift One Condominiums and the proposed building. Growth Manaf!ement Ouota Svstem (GMOS): In order to obtain the development rights to build the majority of the lodge's units, several different GMQS reviews are requested. Staff has separated each review out below with a further explanation and staff position on their compliance with the review criteria: CONVERSION OF RESIDENTIAL RECONSTRUCTION CREDITS TO LODGING UNITS: The conversion of residential reconstruction credits derived from the demolition of the Mine Dump Apartments (eighteen (18) existing units) and the single-family (one unit) into lodge units requires growth management approval subject to compliance with the review standards set for in Land Use Code Section 26.470.040(C)(4), Conversion of Residential Reconstruction Credits to Lodging Units. The Applicant proposes to convert fifteen (15) of the site's nineteen (19) residential reconstruction credits, at a rate of3 lodge units per residential unit, into forty-five (45) lodge development rights (3 x 15 = 45). The remaining four (4) residential credits will be used for the project's four (4) free market residential units. Mitigation for 60% of the employees that would be generated by these forty-five (45) lodge units is included in the Applicant's overal1 mitigation plan. REPLACEMENT OF DEMOLISHED UNITS TIIROUGH THE RESIDENT MULTI-FAMILY REPLACEMENT PROGRAM: Pursuant to the Section 26.530 of the regulations, fifty percent of the bedrooms and fifty percent of the square footage of any multi-family residential units must be replaced on-site in the event they are demolished. The reconstruction of such units is exempt from GMQS if the reconstructed units meet the requirements of the Housing Replacement Program. According to the Applicant, sixteen (16) of the nineteen (19) existing units on the site qualify as residential multi-family housing (the Code defines this as a dwelling unit which has in its history ever housed a working resident and which is located in a multi-family residential building) and are therefore subject to the replacement requirements. Building C of the Mine Dump Apartments is considered to be a duplex for regulatory purposes so, along with the single-family, is exempt from the requirements of Housing Replacement Program. See the chart below for a breakdown of the existing units, the replacement requirements per the Code, and the Applicant's proposal to satisfy the requirements: -11- Bedrooms.. ..... .... ..... ..... Net Residential Area (sq. ft.) PROPOSED LOcATlONOF ~PLA~~MENT BQ'QSffl~t 13 On-site on Parcell 114 IOn-site on Parcel I 16,050 Sq. Ft.1 On-site on Parcell Yes Yes Yes MINE DUMP APARTMENTS EXISTING MINIMUM REQUIRED UNITS! PROPOSED TO BE UNITS! HOUSING SQ,Fr.: DEMOLISHED: SQFT.: REPLACEMENT REQUIREMENTS: Building A Dwelling Units.............. ... 11........... . No Requirement. . .. . . N/A Bedrooms.................... ... 16............ 50% of Bedrooms..... 8 (16 x 50% = 8) Net Residential Area (sq. ft.) 6,009........ 50% of Net Sq. Ft... 3,005 (6,009 x 50%) Building B Dwelling Units.... ............ W No Requirement...... N/A Bedrooms.................... .. 7............. 50% of Bedrooms. .... 4 (7 x 50% = 3.5) Net Residential Area (sq. ft.) 1,713....... 50% of Net Sq. Ft.... 856 (1,713 x.5 = 856) Building C None: Duplex's are Dwelling Units................ 2............. exempt from Housing Bedrooms....... ............... 3............. Replacement Net Residential Area (sq. ft.) 1,872..... .. Reauirements Total Requirement: Units..........,..,.... I i~861 I Bedrooms..,......,.. Net So, Ft, GROWTII MANAGEMENT REVIEW-NEW LoDGE UNITS AND COMMERCIAL DEVELOPMENT: The third type of growth management approval necessary for the proposed lodge is a growth management review for the construction of the remaining fifty-seven (57) lodge/timeshare lodge units that were not included in the lodge units that are to be derived from the forty-five (45) reconstruction credits as is discussed above. These fifty-seven (57) lodge units are required to be mitigated for at a rate of 60% of the employees that are anticipated to be generated by these units. Additionally, the accessory commercial space in the lodge is also required to be mitigated for at a rate of 60% of the employees that are anticipated to be generated by the commercial space pursuant to Land Use Code Section 26.470.040(C)(2), Growth Management Review: Expansion/New - 12- Commercial, Lodge, or Mixed Use Development. The mitigation calculations for the new lodge units and the commercial space are as follows: Lodge Development- 160 Lodge Bedrooms multiplied by .5 FTEs per bedroom equals 80 FTEs, 80 FTEs multiplied by 60% mitigation requirement equals 48 FTEs Accessory Commercial Space- 20,088 square feet minus 4,540 square feet located in the basement of the development equals 15,548 square feet on the main level, 15,548 square feet divided by 1,000 square feet equals 15.548, 15.548 multiplied by 4.1 FTEs equals 63.6 total FTEs 4,540 square feet located in the basement divided by 1,000 square feet equals 4.54, 4.54 multiplied by 3.075 FTEs (4.1 FTE rate discounted by 25% for basement square footage) equals 13.9 total FTEs 63.6 FTEs for at grade commercial space plus 13.9 FTEs for below grade commercial space equals 77.5 FTEs, 77.5 FTEs multiplied by 60% mitigate rate equals 46.5 FTEs to be mitigated. Therefore, in total the Applicant would be responsible for mitigating for 94,5 FTEs, but the applicant is exceeding this requirement by housing 115 employees, or 22% more than required, PROPOSED MmGATION: As was discussed above, the thirteen (13) on-site affordable housing units satisfy the multi-family housing replacement program requirements and will provide employee housing credit for 18.25 FTEs. Additionally, seventy (70) FTEs are proposed to be housed off-site in a project that is proposed to be constructed on the Smuggler Racquet Club property, which is within the City limits. Finally, twenty-seven (27) FTEs are proposed to be housed within nine (9) units that are to be constructed at the AABC as part of a seventeen (17) unit project that the Applicant has received approval for from the Board of County Commissioners. The proposed methods of mitigation are outlined in the following chart: LoeatlonofMitilration Numher of Units Emlllovees Miti2ated On-Site 13 Units 18.25 FTEs 10 Cat. 2 Studios 10 x 1.25 FTEs= 12.5 FTEs 2 Cat. 3 I-Bedroom 2 x 1.75 FTEs= 3.5 FTEs 1 Cat. 2 2-Bedroom 1 x 2.25 FTEs= 2.25FTEs Smuggler Racquet Club 32 Units 70 FTEs 16 I-Bedroom 16 x 1.75 FTEs= 28 FTEs 82-Bedroom 8 x 2.25 FTEs= 18 FTEs 8 3-Bedroom 8 x 3 FTEs= 24 FTEs AABC 9 Units 27 FTEs - 13- 9 3-Bedroom 9 x 3 FTEs= 27 FTEs Total 54 Units 115 FfEs . The proposed mitigation exceeds the % spelled out in the conceptual approval--requiring 60 percent of the affordable housing mitigation be provided within the City limits and allowing for 40 percent of the required mitigation to be provided outside of the City but within the Urban Growth Boundary-by providing 77% of the employee housing within the city. Staffhas included a condition of approval in the proposed ordinance reinforcing that 60 percent of the mitigation be provided within the City and that all ofthe affordable housing mitigation shall be constructed and issued a certificate of occupancy prior to the lodge obtaining a certificate of occupancy. ReQuired Off-Street Parkinf!: The parking requirement will be established through this PUD. Pursuant to Land Use Code Section 26.515, Offstreet Parking. the Lodge zone district requires a certain amount of parking spaces based on the type of uses requested. In terms of this project, the required amount of parking is provided for all of the lodge rooms, the fractional units, affordable housing units (through Special Review), and the condominiums. Additionally, they are replacing the 30 parking spaces that the Aspen Skiing Company leases out under an agreement made with a prior owner of the property. Finally, the Applicant is proposing to sell or lease 139 of the parking spaces to the general public as is discussed below. The one area where the Applicant proposes to establish a different parking requirement is with respect to those accessory uses referred to as "other uses" by the Code (see the table below for different parking requirements): I Type of Use II Code Requirement I UnitslBR's R uired Proposed Lod"e Rooms 0.5 spaces/bedroom 80 bedrooms 40 SDaces 40 spaces Fractional Units 0.5 spaces/unit' 21 units II SDaces II spaces Other Uses I space/l,OOO sq. ft. of net 20,088 sq. ft. 20 spaces 20 spaces leasable area of net leasable area Residential Units I space/dwelling unit 4 units 4 spaces 4 spaces Afford. Housing By Special Review' 13 units 13 spaces 13 spaces Aspen Skiing Co. Ex. spaces to be replaced' N/A 30 spaces 30 spaces I Pursuant to Section 26.590.070.E.l, parking for timeshare units is based on the total number of proposed lockout rooms in the development, not the number of bedrooms , Although the exact requirement is determined through Special Review, the generally held formula for affordable housing units of this size is 1 space/unit. For more information, see the Special Review section later in the report. , The Aspen Skiing Company currently utilizes a portion of Parcel 2 for employee parking purposes, which is secured by a 99-year lease with the previous owner of the property-which the applicant must maintain (See Exhibit 6, Appendix B of the Application). The agreement, though, allows for the replacement of the parking in a sub-grade parking garage subject to the approval of the Skiing Company. Their consent has been provided (see Exhibit 5, Appendix B). - 14- Neighbors/General I No Requirement. IIN/A IN/A 139 spaces Public I Total: l -------------------------------- II ------------------- 118 spaces 257 spaces In reviewing the proposed parking, the project complies with the specific code requirements for parking for the hotel, fractional, condominium, and affordable housing units and, consequently, no variations are being requested, Commercial Parkinf! Facility: As noted above, the Applicant has proposed to sell or lease 139 of the 257 parking spaces. Specifically, thirty (30) of these 139 parking spaces are proposed to be sold to the Lift 1 Condominiums in order to help alleviate their on-site parking deficit. According to the application, the remaining 109 parking spaces are proposed to be sold or leased to members of the general public to help defray the costs of the development. In order to sell or lease parking spaces to the general public with no association to the project, a conditional use approval is necessary because a commercial parking facility is a conditional use in the UTR Zone District that was in place when the conceptual PUD application was originally submitted. Related to providing the commercial parking facility, the Applicant has proposed to reconstruct South Aspen Street on the south side of Durant Avenue to be able to accommodate the additional traffic that would be generated by the Commercial Parking portion of the development as is discussed below. In evaluating whether a commercial parking facility is appropriate in this location, Staff has considered comments that we have heard from Planning and Zoning Commission members and residents in the immediate neighborhood. Many of these comments that were provided to Staff during the conceptual application review expressed that the on- street parking situation in the neighborhood is very congested since several of the condominium complexes in the area that were built in the 1970s do not have the necessary on-site parking to accommodate their needs. South Aspen Street Reconstruction and Snowmelt: During the conceptual application review, one of the considerable technical issues that needed to be addressed was the safety of South Aspen Street on the south side of Durant A venue. There was concern that the existing road could not handle the increased traffic that would be generated by the development given the steep grade and the build-up of ice and snow that is currently typical of the street. At the conclusion of the conceptual review, it was required in City Council Resolution No. 69, Series of 2005, that the Applicant would come back as part of the final PUD development review with a plan to make South Aspen Street safe for the additional traffic anticipated to be generated by the proposed lodge. This resolution also required the Applicant to consult with other property owners along South Aspen Street that may be looking to redevelop their properties in the near future to ensure that any updated road design would safely accommodate their traffic generation needs as well. - 15- In response to these conditions, the application indicates that the Applicant is proposing to reconstruct South Aspen Street on the south side of Durant Avenue and snowmelt it to safely accommodate the additional traffic that the would be generated by the proposed development and the development application for the Lift One Lodge that has been submitted on the east side of South Aspen Street. According to the application, the idea is that The Lodge at Aspen Mountain and the developers of the Lift One Lodge would share the costs of snowmelting and reconstructing the road if they both receive approval through the formation of a an improvement district. However, the application also expresses that the Lodge at Aspen is prepared to take on the entire costs of improving South Aspen Street in this manner in the case that the Lift One Lodge does not move forward. The design of the street is proposed such that it would remove the on-street parking that currently exists to narrow the overall pavement width of the street, providing for less pavement to heat. At the same time, the loss of the on-street parking would allow for the actual travel lanes to be widened to fourteen (14) feet each. At the top of South Aspen Street, a cul-de-sac is proposed for skier drop-off and for fire truck turn around purposes. The loss of on-street parking is proposed to be mitigated in the Lift One Lodge development through the construction of a public parking garage under Willoughby Park. The Applicant has proposed to snowmelt the street by using a traditional snowmelt system that incorporates gas fired boilers to heat the street and adjacent sidewalks. The application indicates that the Applicant explored the use of a Ground Source Heat Pump (GSHP) to heat the road using heat from the earth. However, several consultants including CORE and RMI recommended that it would be considerably more efficient to heat and cool the Lodge at Aspen Mountain and the Lift One Lodge by using the GSHP rather than using it to heat the road itself. Therefore, to conserve energy in order to mitigate for snowmelting South Aspen Street, the Applicant has proposed to use the GSHP to reduce the energy usage of the lodge itself. In analyzing the Applicant's proposed solution to making South Aspen Street safe for the additional traffic that would be generated by the Lodge Aspen Mountain and the Lift One Lodge on the east side of South Aspen Street, Staff believes that snowmelting the street is certainly the safest way to ensure that the street can handle the increased traffic. Staff does believe that some assurance is necessary that the on-street parking that would be removed from South Aspen Street in the new design is mitigated for even if the Lift One Lodge does not pan out. Therefore, Staff has recommended a condition of approval in the proposed ordinance that would require that fifty (50) of the parking spaces in the Lodge at Aspen Mountain be available to the general public for short-term parking until such time as the Lift One Lodge is up and running. Staff feels that a condition of this nature will ensure that the current fifty (50) on-street parking spaces that would be lost in the reconstruction of the street will be mitigated for and available to the general public as has always been the case. - 16- In evaluating the energy consumption related to snowmelting South Aspen Street, the City's global warming expert, Dan Richardson, has recommended that the Applicant be required to design the Lodge at Aspen Mountain so that it uses 30% less energy than the average energy use of comparable type properties in Aspen. The methodology is put forth in Section 14 of the proposed ordinance that will set the base and provide for audit of such a goal. Dan Richardson worked with Staff to create the energy conservation conditions of the ordinance and finds them acceptable and outstanding for a project of this nature, likely the highest level of conservation effort in design and operation proposed in the city. Revlacement of Lifi IA: As was discussed in the conceptual review of the application, the Applicant has proposed to fund a new lift to replace Lift lA. Specifically, the new lift would be a high speed double chair that would serve the west side of Aspen Mountain. The Applicant has proposed to pay $4,000,000 towards the replacement of the ski lift that would open more of the western portion of Aspen Mountain up to easily accessible skiing. The application proposes that the new lift would be replaced and up and running prior to the issuance of certificate of occupancy being issued on the lodge. Staff has reinforced this timing by providing a condition of approval in the proposed ordinance that would require the lift be operational prior to the issuance of a certificate of occupancy on any part of the lodge. Communitv Benefits: The application argues that the proposal provides numerous community benefits. Specifically, the Applicant suggests that project would provide a significant number of new lodge rooms at the base of Aspen Mountain, a place where lodging is supposed to be located in a ski resort to provide easy access for guests to the ski mountain and the downtown core. Additionally, the application highlights the improvements to South Aspen Street as a community benefit and suggests that they will make it safer for all of the property owners and skiers that use South Aspen Street on a regular basis. Parking is a substandard situation on South Aspen Street, with ill-defined spaces-some parallel, some head-in and some morphing between the two types depending on road conditions, in addition to the steepness of the street that cause safety problems in the winter. The street is currently not pedestrian friendly, lacking sidewalks and the confusion of parking. Finally, the application suggests that the new lift will be a community benefit that will open up the west side of Aspen Mountain and enhance the skiing experience as was previously discussed above. The additional 22% more employees housed with 77% of the units being located within the City of Aspen should also be seen as moving the city closer to its goals and as benefits of the project. Finally, the infrastructure improvements, both with the ski area lift and the sidewalk, snowmelt, public landscaping and the enhancements to anchor this area as part of the Dean Street walk way, will all serve to create a sense of place in this part of Aspen. Staff finds that all of these items mentioned above are benefits. Timeshare: - 17- Sale of multiple interests in the 21 fractional units is proposed and each purchaser of a fractional interest in the timeshare lodge will own an undivided 1I8th interest in a specific unit, which will result in 168 timeshare owners, or estates (21 units x 8 estates/unit=168 estates). None of the rooms are proposed to have lock-off capability. The proposed use plan will guarantee each timeshare estate owner use of a unit for a maximum of four weeks a year - two weeks in the winter and two weeks in the summer, with winter being defined as November 1 - April 30 and summer being May 1 to October 31. The maximum number of days a unit can be reserved per season by owners is 112 days and, as each season contains approximately 182 days, a minimum of70 days in each season will remain and will constitute the float time. The float time will be made available to the public for nightly rental and to the owners, subject to certain limitations, such as the owners needing to reserve a unit at least 30 days in advance, only being able to reserve in increments up to 7 days, and for no more than 30 consecutive calendar days. These limitations on owners should permit a reasonable amount of available time for the public to use the units. A full complement of amenities will be contained within the facility, including an outdoor pool, spa and fitness center, a business center, ski concierge area, a logo shop, children's recreation area, and a bar and restaurant. The spa, restaurant, and bar will also be available to the public. In addition, the lodge will contain a fully staffed, on-site front desk to provide guest registration and reservation services for the lodge's hotel guests and the fractional owners, guests, and will include late check in and other off hour owner and guest needs. Staff has reviewed the timeshare management plan against the review criteria for timeshare and finds that it complies with all of applicable requirements (see Exhibit B for full staff findings). Technical Considerations: The Development Review Committee (DRC) has reviewed the proposal and provided comments, which Staff has included as conditions of approval as deemed appropriate. Some of the specific requirements are discussed in this paragraph. In reviewing the proposal, the Community Development Engineer has recommended some mitigation techniques be provided to enhance slope stability above the proposed development since there would be a significant excavation needed to construct the project. Specifically, the Community Development Engineer has recommended that the Applicant be required to install several inclinometers above the development on Aspen Mountain and provide bimonthly data to the City for one seasonal cycle to identify whether there is any historic rate of slope movement. If slope movement is identified, the construction techniques to be used in constructing the project must be designed in a manner that does not increase the historic slope movement during and after construction. These specific design techniques have been included in the conditions of approval in the proposed ordinance. The Construction Managemj:nt Plan (CMP) takes major steps to ameliorate the impacts of construction on neighbors, traffic, and environmental impacts. Exhibit D is a summary - 18- of the key provIsIOns of the CMP. As of this writing, City Staff (Construction Management Officer and Com Dev Engineer) are reviewing the CMP so that a fuller analysis may be provided to the City Council at the time of 2nd reading. STAFF RECOMMENDATION: Staff believes that this project would provide important lodging at the base of Aspen Mountain in a location where lodging should be located in our resort community-close to the mountain, near the retail/restaurant and entertainment core, near transit and within a cluster of lodging/timeshare and condominium development. Staff also feels that the lodging proposal would provide significantly more community benefit than the residential townhome project that has vested rights on the subject property. The project would help replenish part of the lodging bed base that was lost of the past decade in addition to providing for a new high speed ski lift in place of the existing Lift lA. Staff finds that the project represents an exemplary project primarily for its energy conservation plan, its attainment of over the required employee housing mitigation, its CMP, and its compatibility with the character of the uses in the area. The Applicant has also made a considerable plan changes to address the City Council's concerns that were expressed at the conceptual review of the project related to giving the project more interaction with the adjacent South Aspen Street by bring a significant portion of the building east to relate better with the street. In total, Staff believes that the application satisfies the applicable review standards and recommends that the City Council approve the attached ordinance. CITY MANAGER COMMENTS: RECOMMENDED MOTION: (All motions are made in the affirmative) "I move to approve Ordinance No.5, Series of 2007, second reading, "The Lodge at Aspen Mountain" Final PUD and associated land use actions." ATTACHMENTS: Exhibit A: Review Criteria and Staff Findings Exhibit B: Application (provided @ 151 reading) Exhibit C: Street Infrastructure/ParkinglLandscaping Plan Exhibit D: Construction Management Plan Summary Exhibit E: Exceptional Project Review Criteria Fact Sheet Exhibit F: P&Z Minutes Exhibit G: Letter from public - 19- ORDINANCE NO,S (SERIES OF 2007) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING A FINAL PLANNED UNIT DEVELOPMENT, GMQS APPROVAL FOR A MUL TI- YEAR ALLOTMENT AND AFFORDABLE HOUSING OUTSIDE THE CITY LIMITS, FINAL TIMESHARE, SUBDIVISION, AND CONDOMINIUMIZATION FOR "THE LODGE AT ASPEN MOUNTAIN" DEVELOPMENT, LEGALLY DESCRIBED AS BLOCK 6 EAMES ADDITION AND LOTS 7-20, BLOCK II OF THE EAMES ADDITION AND A SMALL METES AND BOUNDS TRIANGULARLY SHAPED LOT, CITY OF ASPEN, PITKIN COUNTY, COLORADO, ParcellD: 2735-131-23-001 (Mine Dump Apartments) 2735-131-13-001 (Parcel with the Single-Family Residence) WHEREAS, the Community Development Department received an application from the Aspen Land Fund II, LLC, represented by Sunny Vann of Vann Associates, requesting approval of the Lodge at Aspen Mountain Final Planned Unit Development, Final Timeshare, Subdivision, Growth Management Reviews, Conditional Use, 8040 Greenline Review, and Condominiumization to construct a lodge containing eighty (80) hotel rooms, twenty-one (21) fractional lodge units, four (4) free-market residential units, thirteen (13) on-site affordable housing units, and accessory facilities; and, WHEREAS, City Council granted Conceptual PUD and Conceptual Timeshare approval pursuant to City Council Resolution 69, Series of 2005 on November 28, 2005; and, WHEREAS, the parcels subject to the application consist of a total of 104,518 square feet; and, WHEREAS, the Community Development Department solicited and received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Fire, Streets, Housing, Environmental Health, Parks and Water Departments as a result of the Development Review Committee meeting; and, WHEREAS, the City of Aspen / Pitkin County Housing Board forwarded a unanimous recommendation of approval to City Council to approve the proposed affordable housing mitigation and replacement units for the project at their meeting held on November 15, 2006; and, WHEREAS, during duly noticed public hearings that were opened on December 5, 2006,and continued to January 16 and then to February 6, 2007, the Planning and Zoning Commission recommended that City Council approve Resolution No. 03, Series of 2007, by a five to zero (5-0) vote, recommending that City Council approve with conditions, the Lodge at Aspen Mountain Final PUD, Final Timeshare, Subdivision, The Lodge At Aspen Mountain, 2nd Reading Condominiumization, and Multi-Year & Affordable Housing Outside the City Limits Growth Management Reviews, and approved the remaining Growth Management Reviews, Conditional Use, and 8040 Greenline, in order to allow the construction of a lodge consisting of eighty (80) lodge rooms, twenty-one (21) timeshare lodge rooms, four (4) free-market residential units, and thirteen (13) on-site affordable housing units; and, WHEREAS, The Council finds that the applicable development review standards are met by the proposal, provided that the conditions established herein are complied with. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: The City Council hereby approves The Lodge at Aspen Mountain Final Planned Unit Development, Final Timeshare, Subdivision, Growth Management Review for Affordable Housing Outside the City Limits, Growth Management Review for Multi- Year Allotments, and Condominiumization to construct a lodge containing eight (80) hotel rooms, twenty-one (21) fractional lodge units, four (4) free-market residential units, thirteen (13) on-site affordable housing units, and accessory facilities, including 257 parking spaces, with the conditions contained herein. Section 1: Subdivision Plat. PUD Plans and A2I"eements The Applicants shall record a Subdivision Plat and Subdivision Agreement that meets the requirements of Land Use Code Section 26.480 within 180 days of approval. Additionally, a Final PUD Plan shall be recorded in the Pitkin County Clerk and Recorder's Office within 180 days of the final approval and shall include the following: a. A final subdivision plat meeting the requirements of the City Engineer and showing easements, encroachment agreements, and licenses with the reception numbers for physical improvements and location of utility pedestals. b. An illustrative site plan of the project showing the proposed improvements, landscaping, parking, and the dimensional requirements as approved. c. A drawing representing the project's architectural character. d. A final grading and drainage plan. e. A final utility and public infrastructure plan, including as-builts of South Aspen Street. Section 2: BuUdinl!: Permit Application The building permit application shall include the following: a. A copy of the final recorded City Council Ordinance and P&Z Resolution. The Lodge At Aspen Mountain, 2nd Reading 2 b. The conditions of approval printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. Evidence that a tree removal permit has been attained pursuant to the requirements of the City Parks Department (and Section 12, below). The tree removal permit shall be accompanied by a detailed landscape plan indicating which trees are to be removed and new plantings proposed on the site. e. A drainage plan including an erosion control plan and snow storage runoff plan prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on site during and after construction. If a ground recharge system is required a soil percolation report will be required to correctly size the facility. A 5-year storm frequency should be used in designing any drainage improvements. f. A final construction management plan pursuant to the requirements described in Section 4 of this ordinance. g. An excavation/stabilization plan prepared by a licensed Engineer. Section 3: Dimensional Requirements The following table outlines the approved dimensions of this PUD: Dbn""siClD.aIReiJuirel1lCllt ProDosed.J>evt!loDl1lt!Dt Minimum Lot Size 39,249 Sq. Ft. represents the smallest of the two existing parcels Minimum Lot Area! Dwelling Multi-Family- 1 bedroom per 1,000 square feet oflot area. Lodge- No Reauirement Front Yard Setback Parcel 1- 2.8 to 10.8' Parcel 2- 5.9 to 58.9' Side Yard Setback Parcel 1- East Side Yard-7.4 to 31.2' West Side Yard- 106.2' Parcel 2- North Side Yard- 0' South Side Yard- 8 to 33' Rear Yard Setback Parcel 1- 13.6 to 37.2' Parcel 2- 1.6 to 48.2' Allowable Building Height 55' maximum, in accordance with the Height Plan of the recorded The Lodge At Aspen Mountain, 2nd Reading 3 Section 4: Construction Manal!.ement Plan The Lodge At Aspen Mountain Construction Management Plan (CMP), dated February 6, 2007, and prepared by Swinerton Builders shall be included as part of this approval and shall be implemented by the applicants and carried out throughout the project. The CMP shall be reviewed by the City's Construction Management Officer and the Community Development Engineer for completeness and applicability and found to be acceptable to attain the City's construction management goals. At a minimum, the CMP shall include the following: . the requirements of the Construction Management Plan handout of the City of Aspen Building Department, . a construction parking plan, . a construction staging and phasing plan, . a construction worker transportation plan, . a fugitive dust control plan found acceptable by the Engineering Department that includes watering of disturbed areas, including haul routes where necessary, perimeter silt fencing, as needed, and cleaning of adjacent right of ways, . a plan for accepting major construction related deliveries with estimated delivery schedule, including the designation of haul routes, and . an agreement with the City to participate with other neighboring developments under construction in order to limit the compounded impacts of construction. This agreement shall be prepared by the developer and accepted by the Community Development Director. As part of the CMP, the developer shall agree to require all dump trucks hauling to and from the site to cover their loads and meet the emission requirements of the Colorado Smoking Vehicle Law. Any regulations regarding construction management that may be adopted by the City of Aspen prior to application for a building permit for this project shall be applicable. A temporary encroachment license is required for use of the City right of way for construction purposes. The Applicant shall not be allowed to close South Aspen Street during construction except for reconstruction of the street. Street closure of South Aspen Street concurrent with significant public events like World Cup shall be avoided to the greatest extent possible. The Applicant shall provide phone contact information of the on-site project management to neighboring properties (Lift One Condominiums, the Timber Ridge Condominiums, the Shadow Mountain Condominiums, and the South Point Condominiums) and post such information on a sign at the construction site in full public view so that concerns about the development may be made directly to the construction management personnel. The Lodge At Aspen Mountain, 2nd Reading 4 Section 5: Pre Construction Meetin2 The Applicant shall conduct a pre-construction meeting with the City Community Development Staff prior to submittal for a building permit application. This meeting shall include at a minimum the general contractor, the architect of the construction drawings, the Community Development Engineer, a representative of the City Building Department, City Construction Management Officer, and the Community Development Department's case planner. Section 6: Fire Access and Miti2ation The bridge over Juan Street shall be at least sixteen and a half feet above Juan Street to allow for the passage of fire trucks beneath it. The Applicant shall install a fire sprinkler system and alarm system within the entire building structure as required by the Fire Marshall. The water service line shall be sized appropriately to accommodate the required fire sprinkler system. The Applicant's design team shall meet with the Fire Marshall to formulate a plan for fighting fires in the below grade parking garage structures prior to building permit submittal. Section 7: Water & Electric Department Requirements The Applicant shall comply with the City of Aspen Electric Department Standards and Water System Standards, with Title 25, and with the applicable standards of Title 8 Water Conservation and Plumbing Advisory Code of the Aspen Municipal Code as required by the City of Aspen Water Department. The Applicant shall also enter into a water service agreement with the City and complete a common service line agreement for the residential units. Each residential unit shall have an individual water meter. Section 8: Storm WaterIDraina2e Plan The Applicant shall submit a Storm Water Drainage Plan pnor to Building Permit submittal, that meets with the approval ofthe City Engineer. Section 9: As en Consolidated Sanitation Di trict Re uirements The Applicant shall comply with the Aspen C nsolidated Sanitation District's rules and regulations. No "clear water" connections (roo, foundation, perimeter drains) to ACSD lines shall be allowed. Oil and sand separators eeting the ACSD's requirements shall be installed in each of the parking garages. The driveway entrance drains shall drain to drywells and elevator shaft drains shall drain through an oil and sand separator. One tap to the main sanitary line is allowed for each of the buildings within the development. No soil nails shall be allowed in the public right of way above ACSD main sewer lines. The Applicants shall enter into a shared service line agreement with ACSD. Glycol and snowmelt shall have containment areas approved by the Aspen Consolidated Sanitation District. Section 10: Soil Stabilization The Applicant shall install inclinometers and conduct bi-monthly monitoring for a minimum of one seasonal cycle before the issuance of a building permit. The number and location of the inclinometers shall be reviewed and approved by the City Engineer prior to installation. The Lodge At Aspen Mountain, 2nd Reading 5 If any slope movement is identified by the bi-monthly monitoring, the project will not be allowed to exacerbate the historic rate of slope movement during or after construction. If the historic rate of movement is exacerbated during the construction process, the City will stop work on the project and require the Applicant to make such improvements that are necessary to reduce the slope movement back to historic rates. If the inclinometers determine that there is a historic rate of slope movement, the design shall exhibit a global stability meeting the AASHTO requirements, which implies a minimum factor of safety of 1.5. In preparing soil stability reports for the property, a soil bearing grid with no more than 100 feet between test locations shall be used under the building's footprint. In areas outside of the building's footprint, test locations shall not 500 feet apart. The depth of soil borings must exceed the elevation of the lowest footer by twenty (20) feet. Section 11: Reconstruction of South Aspen Street The Applicant shall reconstruct and snowmelt South Aspen Street south of Durant Avenue per the plans included in the final PUD application. The Applicant shall form an improvements district to fund the reconstruction of the road. In the case that the Lift One Lodge (proposed on the east side of S. Aspen Street) is approved for construction, the improvements district will include the owners of the Lift One Lodge and the owners of the Lodge at Aspen Mountain. If the Lift One Lodge is not approved, the improvement district shall only include the owners of the Lodge at Aspen Mountain. The energy to use the snowmelt system in South Aspen Street and the maintenance of the snowmelt system are the responsibility of the Applicant. The Applicant shall develop a road maintenance alternative to be reviewed and approved by the Fire Marshall and Streets Department Superintendent in the instance that the snowmelt system were to break during the winter. The reconstruction of South Aspen Street shall be completed prior to the issuance of a certificate of occupancy on the lodge. Section 12: Landscapinl!: The proposed landscaping in the public right of way shall meet the Parks Department standards for location, spacing, species, planting specifications, irrigation and other applicable standards. 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 these protection zones is to be accomplished without machines, but by handwork only. An approved tree permit will be required before any demolition or signifIcant property changes take place. The tree permit must be approved prior to submission of the building permit. Mitigation for tree removals will be paid cash in lieu or on site. The applicant shall consult with the Deputy Director of the Parks Department in order to discuss how tree mitigation will be handled and coordinated with Lift One, if necessary. The Lodge At Aspen Mountain, 2nd Reading 6 Section 13: Replacement of Lift lA The Applicant has represented that they will provide $4 million dollars towards the replacement of Lift 1 A with a new lift. Such representation is hereby incorporated into this approval as a condition. The new lift shall be operational prior to the issuance of a certificate of occupancy on the Lodge At Aspen Mountain. Section 14: Enerln' Conservation The Lodge at Aspen Mountain has made representations committing to the following energy goals. Such goals are hereby included as conditions of approval. To use thirty percent less energy than the average measured energy use of comparable type properties in the area for the base data (See note A). a) To "true up," on an annual basis (sun setting in 20 years), the actual energy consumption of the property, and purchase local renewable energy or carbon offsets as necessary to. cover any shortfall (See note B). LAM proposes a cap on the shortfall penalty, to be negotiated. b) If actual energy use in any given year is less than the target, a credit would accrue to the project, which could be used for sale or trade for other projects, or carried forward for credit in future years. c) To offset 100% of C02e emissions from any and all snowmelt installed in public right of way directly associated to The Lodge. (See note B) . Note A: All measurements to be combined electric and natural gas consumption, including snowmelt, pools, spas, and garages. For the purpose of identifying offsets, energy use shall be converted to pounds of C02e using City of Aspen conversion factors. . Note B: Purchase of offsets to be accomplished thru a variety of means, in order of preference: Energy or carbon-saving project( s), equal in C02e reductions to the excess C02e emissions from The Lodge (and verified by CORE), directly funded and managed by LAM or its agents, Purchase of local energy or carbon offsets through a local market (CORE or others, approved by the City of Aspen and verified by CORE, as available), or, if the first two options are not possible with City of Aspen approval, Purchase of energy or carbon offsets through a public market, with minimum criteria for the quality, additionality, and durability of offsets. Section 15: Off-Street Parkin!!: The Applicant shall construct a total of 257 parking spaces within the two (2) underground garages. 118 of the parking spaces are required parking (with 13 spaces designated for the affordable housing units) and 139 of the parking spaces may be leased or sold to off-site The Lodge At Aspen Mountain, 2nd Reading 7 tenants. The 50 on-street parking spaces that will be lost in the reconstruction of South Aspen Street are to be replaced as public parking in a parking garage to be constructed by the proposed Lift One Lodge owners if their project is approved and built. In the event that the proposed Lift One Lodge is not approved and built (or is completed later than the Lodge at Aspen), 50 of the 139 excess parking spaces to be built in the Lodge at Aspen shall be available for public parking to replace the 50 on-street parking spaces until such time as the Lift One Lodge's parking garage has obtained a Certificate of Occupancy. Section 16: Emplovee Housinl!: Mitil!:ation The Applicant shall provide thirteen (13) Category 2 affordable housing units on the site. These units shall be comprised of ten (10) studios, two I-bedroom units, and one 2-bedroom unit to satisfY the Resident Multi-Family Replacement Program requirements for the demolition of the Mine Dump Apartments and shall provide housing credit for 18.25 full- time employee equivalents (FTEs). In total, the proposed development would require 94.5 FTEs of affordable housing mitigation. The 76.25 FTEs that are not mitigated on-site may be mitigated off-site with up to forty (40) percent of these 76.25 FTEs being allowed to be mitigated outside of the City limits but within the Urban Growth Boundary. The Applicant shall have constructed, deed-restricted, and received certificates of occupancy on all of the off-site units being used to satisfY the affordable housing requirements prior to the issuance of a certificate of occupancy on the lodge. The existing Mine Dumps unit tenants at the time of the demolition will be provided a right of first refusal for the rental of the new affordable housing units. The on-site affordable housing units shall be in compliance with APCHA's Employee Housing Guidelines. The Applicant shall record a deed restriction on each of the affordable housing units at the time of recordation of the condominium plat and prior to the issuance of a Certificate of Occupancy for the building, classifying the units as Category 2 units. Included in the governing documents shall be language reflecting the potential for the units to become ownership units. If the Applicant chooses to deed restrict the affordable housing units as rental units, the Applicant shall convey a 1/10 of one percent, undivided interest in the units to the Aspen/Pitkin County Housing Authority prior to the issuance of a certificate of occupancy on any portion of the building. In the event the affordable housing units are not rented in compliance with the rental requirements of the Housing Authority's rental requirements, the Aspen/Pitkin Housing Authority has the right to place tenants in the affordable housing units. The units may be deed-restricted as rental units, but the units shall become ownership units at such time as the owners would request a change to "for-sale" units or at such time as the Aspen/Pitkin County Housing Authority deems the units to be out of compliance with the rental occupancy requirements in the Affordable Housing Guidelines for a period of more than year. The Lodge At Aspen Mountain, 2nd Reading 8 Section 17: Park Development Impact Fees Park DeveloDment ImDact Fees shall be assessed at the time of building permit issuance pursuant to Land Use Code Section 26.610, Park Development Impact Fees. The Park Development Impact Fees shall be calculated by the City of Aspen Zoning Officer using the fee schedule in place at the time of building permit issuance. Section 18: School Land Dedication Fees School Land Dedication Fees shall be assessed on the proposal at the time of building permit issuance pursuant to Land Use Code Section 26.630, School Lands Dedication, because subdivision approval is required for the development of the multi-family residential units per the definition of subdivision in the land use code. The school lands dedication fees shall be calculated by the City of Aspen Zoning Officer using the fee schedule in place at the time of building permit issuance. Section 19: Impact Fees All impact fees in effect at the time of building permit shall be applicable and be paid prior to the issuance of a building permit. Section 20: Exterior Li2htin2 All exterior lighting shall meet the City's Lighting Code Requirements pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. The Applicant shall submit an exterior lighting plan as part of the building permit submittal. Section 21: Food Service Facilities Food service plans meeting the requirements of the City of Aspen Environmental Health Department shall be submitted and approved prior to serving food and prior to obtaining a Colorado Food Service License for any of the commercial space that is to be used as restaurant space. An oil and grease interceptor approved by the Aspen Consolidated Sanitation District shall be installed in any space that is to be used as a restaurant. Section 22: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 23: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. The Lodge At Aspen Mountain, 2nd Reading 9 Section 24: 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. Section 25: A public hearing on the ordinance shall be held on the l2'h day of March, 2007, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 26th day of February, 2007. Helen Kalin KIanderud, Mayor Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved on this _ day of _,2007. Attest: Kathryn S. Koch, City Clerk Approved as to form: John P, Worcester, City Attorney The Lodge At Aspen Mountain, 2nd Reading 10 EXHIBIT A STAFF FINDINGS: PUD A development application for PUD shall comply with the following standards and requirements (staff findings follow each requirement): A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. STAFF FINDING: DOES IT COMPLY? YES The future land use map in the AACP shows all of Parcel I (the area north of Juan S1.) and the majority of Parcel 2 (south of Juan SI.) as "Lodging". The northern most part of Parcel 2 is shown as "Residential" on the map; however, this portion was rezoned by from R-15 to L/TR in 2003 as part of the South Aspen S1. project approval. Therefore, the lodge proposal is clearly in compliance with the direction of the AACP. The project is also generally consistent with the applicable policies and goals of the AACP, such as providing "a compact, mixed use development that enable travel by foot, bicycle, and public transportation for all types of trips", the provision of on and off-site affordable housing within the city limits and within the UGB, enhancement of pedestrian corridors, and the promotion of eclectic design styles within the city in order to maintain and enhance the character of the community. The AACP also promotes economic sustainability, the enhancement of "wealth generating capacity", and stemming the loss of the area's bed base by redeveloping Aspen's ski base area. In addition, the Action Plan of the AACP speaks directly to the importance of increasing density through infill in Aspen's original town-site, especially for affordable housin , in order to rotect 0 en s ace surroundin the communit . 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. STAFF FINDING: I DOES IT COMPLY? I YES. The existing character of the surrounding area is a mix of 1950's era ski lodges, the preserved, original ski chairlift and ski club building, a modern, second-homeowner oriented condominium, a small affordable housing development, one older single-family home, several larger and newer single-family homes, and three 1970's era condominium structures housing a mix of locals and second homeowners. The subject site contains an eighteen unit apartment complex that is geared towards local residents, a parking lot, open space and one single-family home. While there has been some recent new development in the vicinity, the area largely represents the Aspen of another era of twenty, thirty and even fifty years ago. In terms of land uses, the proposed lodge conforms well to the character of the surrounding development. The lodge proposes short term accommodations located towards the ski mountain side, adjacent to the two lodges across South Aspen Street, and residential-in-character, fractional units oriented on the lower end of the site adjacent to the residential condominiums and single familv residences. - 20- Staff finds that the revised development plan is generally consistent with the character of the existing land uses in terms of bulk, mass, and height. Given the relatively large size of the proposed structure, there will no doubt be a change to the immediate neighborhood, as most of the existing structures are smaller in size and height comparisons. Most of the surrounding structures are smaller, however, because they are situated on much smaller lots. The Lodge site is over 104,000 sq. ft., while the Lift One and ~ Timber Ridge Condominiums sit on approximately 28,000 and 14,000 sq. ft. lots, respectively. Although the proposed lodge is large, it essentially consists of two smaller buildings connected by a bridge, but physically separated by a street. When considering the proposed lodge in comparison to the other condominium projects to the north, the footprint for the portion of the structure on Parcel I is not greatly out of character with these structures (the difference in size between the two is more in terms of height). Furthermore, if you consider the "surrounding area" to also be the larger base area of the ski mountain in general, the project is generally consistent in mass, scale, and height with the St. Regis Hotel, the Grand Hyatt, the Residences at Little Nell that is under construction, and the Little Nell Hotel. 3. The proposed development shall not adversely affect the future development of the surrounding area. STAFF FINDING: I DOES IT COMPLY? I YES Staff believes that this development will not adversely affect the future development of the area and will actually enhance the opportunities for redevelopment by dramatically improving the appearance and vitalitv of this area of town. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. STAFF FiNDING: I DOES IT COMPLY? I YES The majority of the development, including the residential component is to be derived from using reconstruction credits from the existing Mine Dump apartments that are to be demolished. Additionally, there is no annual cap on the number of lodge units that can be built. The Applicant has requested multi-year allotments for the commercial square footage that is proposed. If all of the requested growth management actions are approved, this criterion would be met. B. Establishment of Dimensional Requirements: The PUD development plans shall establish the dimensional requirements for all properties within the PUD. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. The proposed dimensional requirements are listed below: - 21 - Dimensional Requirements Comparison (Units measured in feet or square feet) . mmenSilJnal ,7 .P.roposed A.ppl'oved . ..... ~2003 Ul'rR. ZOne Re.qulrllllfent Development Coneeptual DilItti~ .. .... . ...... < Plan .. Minimum Lot Size 39,249 Sq. Ft.* 39,249 Sq. Ft.* 6,000 Sq. Ft. represents the represents the smallest of the two smallest of the existing parcels two existing parcels Minimum Lot Areal Multi-Family- 1 Multi-Family- 1 Multi-Family- 1 Dwelling bedroom per 1,000 bedroom per bedroom per 1,000 square feet oflot area. 1,000 square square feet of lot Lodge- No feet oflot area. area. Requirement Lodge- No Lodge- No Requirement Requirement Front Yard Setback Parcel 1- 2.8 to 10.8' *Parcell- 4'4" 10 Feet Parcel 2- 5.9 to 58.9' Parcel 2- 8' Side Yard Setback Parcel l- East Side *Parcel l- East 5 Feet Yard-7.4 to 31.2' Side Yard- 8' West Side Yard- West Side Yard- 106.2' 115.5' Parcel 2- North Side Parcel 2- North Yard- 0' Side Yard- 5' 2" South Side Yard- 8 to South Side 33' Yard- 5'4" Rear Yard Setback Parcel 1- 13.6 to *Parcell-3'6" 1 0 Feet 37.2' Parcel 2- 2'4" Parcel 2- 1.6 to 48.2' Allowable Building 55' 47' as measured 28 Feet Height by City Code Required Open Space 14% (14,058 square 14% (14,058 25% (24,555 square feet) square feet) feet) Allowable FAR 1.87:1 (174,975 1.87:1 (175,000 1:1 (93,815 square square feet) square feet) feet) Off-Street Parking 257 Parking Spaces 231 Parking 118 Parking Spaces Spaces 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. - 22- b) Natural or man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. STAFF FINDING: I DOES IT COMPLY? I YES Generally, Staff finds that the proposed dimensional standards are appropriate for the site for the above characteristics, as follows: a.) See discussion from 1.A. above; b.) Assuming precautions recommended by the soils and structural engineers and the city engineer are adhered to, there will be no natural or man-made hazards (final details related to this will be determined with the final PUD); c.) Most of the proposed building pad has already been impacted by existing buildings or parking lots, so Staff does not find that there will be any additional significant impacts to existing natural characteristics; d.) Any development on this property would likely increase the above impacts; however, Staff is comfortable that all of these impacts can be adequately mitigated. Noise is regulated by city ordinance; traffic may increase, however, most visitors will likely arrive to town by airplane and be brought to the lodge by shuttle where the convenient location will allow walking to downtown and to the ski area; if guests do drive, all parking is internal to the site and underground; regarding impacts to historical resources, the Skiers Chalet across the street is listed as an historic property - Staff believes that the chances for the preservation of the Chalet will be enhanced by the development of additional lodging in the vicinity because the presence of the new lodge will likely create better visibility for the Skiers Chalet's lodge rooms and oossiblv, result in soill-over business. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. STAFF FINDING: T DOES IT COMPLY? I YES. Staff does believe that the scale and massing of the proposed lodge is generally consistent with that of the other larger hotels (St. Regis, Grand Hyatt, Little Nell) that are located on the south side of Durant Avenue. Staff finds this criterion to be met. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed. c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. - 23- d) The proximity of the proposed development to the commercial core and general activity centers in the city. STAFF FINDING: I DOES IT COMPLY? I YES Staff finds the proposed parking amount to be adequate to serve the needs of the development. The proposal satisfies the underlying zone district's parking requirements and actually provides 139 additional parking spaces that are to be for sell or lease to help alleviate some of the parking problems in the immediate vicinity. Given the proximity of the site to the commercial core, the ski area and transit connections and considering that the majority of guests of facilities such as this arrive without a car, Staff believes that the parking will be more than sufficient to meet the demand. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. STAFF FINDING: DOES IT COMPLY? YES Adequate public facilities either already exist or will be upgraded at the owner's sole expense in order to meet the expected demand. While South Aspen Street is a steeply pitched street with potential wintertime dangers, the City Engineer and the Fire Marshall are confident that there will be adequate access to serve this project and for fire protection if South Aspen Street is reconstructed and snowmelted. To enhance fire protection, the structure will contain a complete fire sprinkler system. Staff believes that if the snowmelt plan is proposed by the A licant for South As en Street is enacted, no densit reductions are necessa . 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. - 24- STAFF FINDING: I DOES IT COMPLY? I YES Staff believes the site is suitable for development. However, Staff does have concerns about the stability of the hillside above the proposed project related to the significant excavation that would have to occur to accommodate the development. Staff has required significant soil stability mitigation measures that include a hillside movement monitoring system. Staff believes that the proposal satisfies this criterion with the conditions of approval that are proposed in the attached ordinance. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. STAFF FINDING: I DOES IT COMPLY? I YES While the Applicant does propose an increase in the allowable floor area, no increase in the amount of densitv is nronosed. C. Site Design, The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. STAFF FINDING: DOES IT COMPLY? YES There are no unique natural or man-made features on the site. The site is located at the base of Shadow Mountain, but is not proposing to impact it in any significant way. There are also unique old ski lodge buildings across the street that are within the sphere of influence of this project; however, Staff feels that the redevelopment of the subject site with hotel rooms, restaurants, bars, and the upgrading of the ski lift and ski base facilities will be an enhancement to the overall nei hborhood, includin to the business of the existin lod es. - 25- 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. STAFF FINDING: I DOES IT COMPLY? I YES To the extent possible, the two structures connected by the bridge have been clustered on the site. ~ Given the large size of the overall project, though, Staff feels that the separation provided by the Juan Street right-of-way in breaking up the mass into two distinct structures is more beneficial than clustering the entire mass on one site. If the entire proposed mass were to be clustered on one site, the resulting height and bulk, while creating additional open space, would further sil!llificantlv impact vistas. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. STAFF FINDING: I DOES IT COMPLY? I YES. The structures are primarily oriented towards South Aspen Street, the main street in the vicinity, by focusing the main entrance of the hotel towards this street. The building is very urban in character with its orientation close to the sidewalk and the street providing a nice edge to and engagement of the street. The Applicant has also included several courtyards in the design to help blend the private and public realms to create a better pedestrian relationship between the building and South Aspen Street that was portrayed with the design that was approved at the conceptual PUD review. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. STAFF FINDING: DOES IT COMPLY? YES The structure on Parcel I will be accessible by fire truck to almost all of the four sides via city streets or alleys, while the remainder of the structure on Parcel 2 will have fire truck access on three sides with fire department connections located on all exteriors. All structures will be fire sprinkled for further safety. Service vehicles will access the structure from loading dock off of Juan Street, so that the do not have to ne otiate the stee er art of South As en Street. 5. Adequate pedestrian and handicapped access is provided. STAFF FINDING: I DOES IT COMPLY? I YES According to the application, the project will comply with all applicable regulatory requirements related to handicap access. Adequate pedestrian access is being provided with the addition of detached sidewalks along all streets that the property fronts. This should greatly increase the safetv of pedestrians in the area who currentlv walk in the street. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. - 26- STAFF FINDING: I DOES IT COMPL V? I YES According to a letter submitted by the Applicant's engineer, site drainage will be handled by directing drainage into an extension of the existing storm drain facilities located in Durant A venue. One extension will run on the west side of South Aspen St. to catch drainage from the eastern portion of the site, while the other will come up Garmisch St. to Dean Avenue to pick up drainage from the western portion of the site. Such improvements to drainage should be a vast improvement over the existing conditions. A more detailed drainage plan will be submitted and reviewed with the building permit application. A condition of approval has been included that requires that there not be an increase in off-site drainage as a result of the proposed development. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. STAFF FINDING: I DOES IT COMPLv?lYES The space between the two structures is taken up with a city street, so it is not a good location for any uses related to the lodge. However, the design does incorporate an outdoor dining/apres ski terrace on the west side of the building closest to the base of the ski area to take maximum advantal!e of views and solar access. D. Landscape Plan. The purpose ofthis standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. STAFF FINDING: DOES IT COMPL v? YES According to the landscape plan, the proposed lodge will be extensively landscaped with vegetation appropriate to the climate and several key trees identified by the City Parks Department will be preserved. Outside of these significant trees, Staff does not believe that there are an existin uni ue man-made or natural features on-site worth reservin . E. Architectural Character. It is the purpose of this standard to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed - 27- massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan an architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 1. Be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems. 3. Accommodate the storage and shedding of snow, ice, and water in a safe and appropriate marmer that does not require significant maintenance. STAFF FINDING: I DOES IT COMPLY? I YES. Staff finds that the proposed architectural character will be an enhancement to the visual character of the neighborhood by dramatically updating the design quality and is an appropriate style given the climate and the resort nature of the community. The design clearly represents the lodge use. Furthermore, Staff believes that the proposed development has been altered significantly in the conceptual PUD review process to better mitigate the overall scale of the development. According to the Applicant, they will use the Ground Source Heat Pump technology to naturally heat and cool the lodge. Snow fences will be added to roof areas over pedestrian and landscaped areas to protect them from snow and ice fall. Snow storage areas will be shown on the final PUD olano F. Lighting. The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate marmer considering both public safety and general aesthetic concerns. The following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate marmer. 2. All exterior lighting shall be in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. - 28- STAFF FINDING: I DOES IT COMPL V? I YES The Applicant states that all lighting will be in compliance with the adopted lighting standards and designed to minimize adverse impacts on neighboring properties and public streets. Additionally, lighting will not illuminate the structure, only areas of pedestrian and vehicular access. Staff has included a condition of approval requiring that the Applicant submit a lighting plan at the time of final POO submittal. G. Common Park. Open Space. or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. H. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. STAFF FINDING: DOES IT COMPL v? YES According to the preliminary engineering report supplied by the project engineer, public infrastructure exists in the area and with improvements made to the infrastructure by the A licant, ade uate facilities will be available to accommodate the develo men!. - 29- I. Access and Circulation. The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. STAFF FINDING: I DOES IT COMPLY? I YES Both structures and all of the units and associated uses have access from entry drives off of a public street. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. STAFF FINDING: I DOES IT COMPLY? I YES The Applicant had a transportation study completed for this application. The study indicates that the area's streets and intersections are currently operating below capacity and will continue to do so even after the lodge has been built and is open for business. All parking will be below the buildings and there will be two separate vehicular entryways to help lessen any possibility of vehicles backed-up into the city street. Nonetheless, the Applicant has proposed to reconstruct and snowmelt South Aspen Street on the south side of Durant Avenue to make it safer for the increase traffic volumes that would result from the proposed lodge. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. - 30- STAFF FINDING: DOES IT COMPLY? YES There are no historic trails through the subject property which would require dedication or improvement and the AACP does not recommend any additional trails on the property. The development does not contain any private streets, so no easements are necessary for public access. No securit ates, ard osts are ro osed. J. Phasing of Development Plan. (Note: this criteria does not apply to Conceptual PUD applications) The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: I. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees-in-lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE No has in of construction is antici ated at this time. -31- EXHIBIT A STAFF FINDINGS: TIMESHARE LODGE DEVELOPMENT An applicant for timeshare lodge development shall demonstrate compliance with each of the following standards, as applicable to the proposed development. These standards are in addition to those standards applicable to the review of the PUD and Subdivision applications. A. Fiscal Impact Analvsis and Mitigation. Any applicant proposing to convert an existing lodge to a timeshare lodge development shall be required to demonstrate that the proposed conversion will not have a negative tax consequence for the City. In order to demonstrate the tax consequences of the proposed conversion, the applicant shall prepare a detailed fiscal impact study as part of the final PUD application. The fiscal impact study shall contain at least the following comparisons between the existing lodge operation and the proposed timeshare lodge development: 1. A summary of the sales taxes paid to the City for rental of lodge rooms during the prior five years of its operation. If the lodge has stopped renting rooms prior to the time of submission of the application, then the summary shall reflect the final five years the lodge was in operation. The summary of past taxes paid shall be compared to a projection of the sales taxes the proposed timeshare lodge development will pay to the City over the first five years of its operation. As part of this projection, the applicant shall specify the number of nights the applicant anticipates each timeshare lodge unit will be available for daily rental to visitors (that is, the annual number of nights when the unit will not be occupied by the owner or the owner's guests), the expected visitor occupancy rate for these units, the expected average daily cost to rent the unit, and the resulting amount of sales tax that will be paid to the City. STAFF FINDING: I DOES IT COMPLY? I NOT APPLICABLE The proposal does not include any conversion of an existing lodge into a timeshare lodge develonment. 2. An estimation of the real estate transfer taxes that would be paid to the City if the existing lodge were to be sold. If an actual sale of the property has occurred within the last 12 months, then the real estate taxes paid for that sale shall be used. This estimation shall be compared to a projection of the real estate transfer taxes the proposed timeshare lodge development will pay to the City over the first five years of its operation. This projection shall include a statement of the expected sales prices for the timeshare estates, and the applicable tax rate that will be applied to each sale. STAFF FINDING: I DOES IT COMPLY? I NOT APPLICABLE The proposal does not include any conversion of an existing lodge into a timeshare lodge development. - 32- 3. A summary of the City-portion of the property taxes paid for the lodge for the prior five years of its operation, and a projection of the property taxes the proposed timeshare lodge development will pay to the City over the first five years of its operation. This projection shall include a statement of the expected value that will be assigned to the property by the Tax Assessor, and the applicable tax rate. The fiscal impact study may also contain such other information that the applicant believes is relevant to understanding the tax consequences of the proposed development. For example, the applicant may provide information demonstrating there will be "secondary", or "indirect" tax benefits to the City from the occupancy of the timeshare units, in terms of increased retail sales and other economic activity in the community as compared to the existing lodge development. The applicant shall be expected to prove definitively why the timeshare units would cause such economic advantages that would not be achieved by a traditional lodge development. Any such additional information provided shall compare the taxes paid during the prior five years of the lodge's operation to the first five years of the proposed timeshare lodge's operation. If the fiscal impact study demonstrates there will be an annual tax loss to the City from the conversion of an existing lodge to a timeshare lodge, then the applicant shall be required to propose a mitigation program that resolves the problem, to the satisfaction of the Aspen City Council. The accepted mitigation program shall be documented in the PUD Agreement for the project that is entered into between the applicant and the Aspen City Council. STAFF FINDING: I DOES IT COMPLY? I NOT APPLICABLE The proposal does not include any conversion of an existing lodge into a timeshare lodge development. B. Upgrading of Existing Proiects. Any existing project that is proposed to be converted to a timeshare lodge development shall be physically upgraded and modernized. The extent of the upgrading that is to be accomplished shall be determined as part of the PUD review, considering the condition of the existing facilities, with the intent being to make the development compatible in character with surrounding properties and to extend the useful life of the building. 1. To the extent that it would be practical and reasonable, existing structures shall be brought into compliance with the City's adopted fire, health, and building codes. STAFF FINDING: I DOES IT COMPLY? I NOT APPLICABLE The Applicant is proposing an entirely new project - not a conversion of an existing project to a timeshare lodge development. The new development shall be required to meet the City's adopted fire, health, and building codes. -))- 2. No sale of any interest in a timeshare lodge development shall be closed until a certificate of occupancy has been issued for the upgrading. STAFF FINDING: I DOES IT COMPLY? I NOT APPLICABLE The Applicant is proposing an entirely new project - not a conversion of an existing project to a timeshare lodge develonment. C. Preservation of Existing Lodging Inventorv. An express purpose of these regulations is to preserve and enhance Aspen's existing lodging inventory. Therefore, any proposal to convert an existing lodge or other property that provides short term accommodations to a timeshare lodge should, at a minimum, replace the existing number of units on the property in the planned timeshare lodge. If the applicant is unable to replace the existing number of units, then the timeshare lodge development shall replace the existing number of bedrooms on the property, or the applicant shall demonstrate how the proposal complies with the purposes of these regulations, even though the planned timeshare lodge will not replace either the existing number of units or bedrooms. STAFF FINDING: T DOES IT COMPLY? I NOT APPLICABLE The Applicant is proposing an entirely new project - not a conversion of an existing project to a timeshare lodge development. The project does, however, propose to add additional beds and rooms which will add to the Citv's lodging stock. D. Affordable Housing ReQuirements. 1. Whenever a timeshare lodge development is required to provide affordable housing, mitigation for the development shall be calculated by applying the standards of the City's housing designee for lodge uses. The affordable housing requirement shall be calculated based on the maximum number of proposed lock out rooms in the development, and shall also take into account any retail, restaurant, conference, or other functions proposed in the lodge. STAFF FINDING: DOES IT COMPLY? YES The Applicant has proposed to exceed the employee housing mitigation requirements through a mix of on-site, off-site housing in the City limits, and off-site housing within the UGB. If the method of miti ation is acce ted b Cit Council, this criterion is met. 2. The conversion of any multi-family dwelling unit that meets the definition of residential multi-family housing to timesharing shall comply with the provisions of Chapter 26.530, Resident Multi-Family Replacement Program, even when there is no demolition of the existing multi-family dwelling unit. STAFF FINDING: I DOES IT COMPLY? I YES The Applicant commits to complying with the requirements of Section 26.530. Staff finds that the Applicant's proposed method of satisfying the Resident Multi-family Replacement Program is in compliance with the code requirements. - 34- E. Parking Reauirements. 1. The parking requirement for timeshare lodge development shall be calculated by applying the parking standard for the underlying zone district for lodge uses. The parking requirement shall be calculated based on the maximum number of proposed lock out rooms in the development. STAFF FINDING: I DOES IT COMPLY? I YES The project provides the required amount of parking spaces for the number of lodge units orooosed (1 soace oer unit). 2. The timeshare lodge development shall also provide an appropriate level of guest transportation services, such as vans or other shuttle vehicles, to offer an alternative to having owners and guests using their own vehicles in Aspen. 3. The owner of a timeshare estate shall be prohibited from storing a vehicle in a parking space on-site when the owner is not using that estate. STAFF FINDING: I DOES IT COMPLY? I YES The PUD Agreement and the timeshare instruments will prohibit the owners from storing vehicles on site when not in-residence. The PUD Agreement will also require the service of a shuttle for the benefit of l!Uests and owners. F. Aoorooriateness of Marketing and Sales Practices. The marketing and sale of timeshare estates shall be governed by the real estate laws set forth in Title 12, Article 61, C.R.S., as may be amended from time to time. The applicant and licensed marketing entity shall present to the City a plan for marketing the timeshare development. 1. The following marketing and sales practices for a timeshare development shall not be permitted: a. The solicitation of prospective purchasers of timeshare units on any street, mall, or other public property or facility; and b. Any unethical sales and marketing practices which would tend to mislead potential purchasers. 2. Giving of gifts to encourage potential purchasers to attend a sales presentation or to visit a timeshare development is permitted, provided the gift reflects the local Aspen economy. For example, gifts for travel to or accommodations in Aspen, restaurants in Aspen, and local attractions (ski passes, concert tickets, rafting trips, etc.) are permitted. Gifts that have no relationship to the local Aspen economy are not permitted. The following gifts are also not permitted: a. Any gift for which an accurate description is not given; - 35- b. Any gift package for which notice is not given to the prospective purchaser that the purchaser will be required to attend a sales presentation as a condition of receiving the gifts; and c. Any gift package for which the printed announcement of the requirement to attend a sales presentation is in smaller type face than the information on the gift being offered. STAFF FINDING: T DOES IT COMPLY? I YES The Applicant has represented that they will incorporate all of the above requirements into the PUD al!reement and the timeshare instruments G. Adeauacv of Maintenance and Management Plan. The applicant shall provide documentation and guarantees that the timeshare lodge development will be appropriately managed and maintained in an manner that will be both stable and continuous. This shall include an identification of when and how maintenance will be provided, and shall also address the following requirements: 1. A fair procedure shall be established for the estate owners to review and approve any fee increases which may be made throughout the life of the timeshare development, to provide assurance and protection to timeshare owners that management/assessment fees will be applied and used appropriately. 2. The applicant shall also demonstrate that there will be a reserve fund to ensure that the proposed timeshare development will be properly maintained throughout its lifetime. STAFF FINDING: T DOES IT COMPLY? I YES The Applicant states in the application that the above requirements (I and 2) will be incorporated in the PUD Agreement timeshare instruments to be submitted with the Final PUD application. H. Compliance with State Statutes. The applicant shall demonstrate that the proposed timeshare lodge development will comply with all applicable requirements of Title 12, Article 61, C.R.S.; Title 38, Article 33, C.R.S.; and Title 38, Article 33.3, C.R.S.; including the requirements concerning the five (5) day period for rescission of a sales contract, and the procedures for holding deposits or down payments in escrow. STAFF FINDING: 1 DOES IT COMPLY? I YES The Applicant states in the application that the above statutory requirements will be incorporated in the PUD Agreement timeshare instruments to be submitted with the Final PUD application. I. Approval Bv Condominium Owners. If the development that is proposed to be timeshared is a condominium, the applicant shall submit written proof that the condominium declaration allows timesharing, that one hundred (100) percent of the owners of the condominium units have approved the timeshare development, including - 36- any improvements to the common elements that the applicant may propose, that all mortgagees of the condominium have approved the proposed timeshare development, and that all condominium units in the timeshare development will be included in the same sales and marketing program. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE This review standard does not apply to the proposed lodge, as the conversion of existing condominiums to timeshare develo ment is not ro osed. J. Prohibited Practices and Uses. Without in any way limiting any requirement contained in this Chapter, it is unlawful for any person to knowingly engage in any of the following practices: 1. The creation, operation or sale of a right-to-use interest or any other timeshare concept which is not specifically allowed and approved pursuant to the requirements of this section. Right-to-use timeshare concepts (e.g. lease-holds and vacation clubs) are considered inappropriate in Aspen and are not permitted. 2. Misrepresentation of the facts contained in any application for timeshare approval, timeshare development instruments, or disclosure statement. 3. Failure to comply with any representations contained in any application for timesharing or misrepresenting the substance of any such application to another who may be a prospective purchaser of a timeshare interest. 4. Manage, operate, use, offer for sale or sell a timeshare estate or interest therein in violation of any requirement of this Chapter or any approval granted pursuant hereto, or cause or aid and abet another to violate any requirement of this Chapter, or an approval granted pursuant to this Chapter. STAFF FINDING: DOES IT COMPLY? YES The Applicant commits to not engaging in any marketing practices which are prohibited above, or b local or State re lations. - 37- Exhibit "A" Staff Findings: Subdivision Section 26.480 of the City Land Use Code provides that development applications for Subdivision must comply with the following standards and requirements. 1. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. STAFF FINDING: DOES IT COMPLY? YES Please see Staffs res onse to PUD Review Standard A I). 2. The proposed subdivision shall be consistent with the character of existing land uses in the area. STAFF FINDING: DOES IT COMPLY? YES. Please see Staff s res onse to PUD review standard A I . 3. The proposed subdivision shall not adversely affect the future development of surrounding areas. STAFF FINDING: TDOESITCOMPLY? I YES Staff believes that this development will not adversely affect the future development of the area and will actually enhance the opportunities for redevelopment by dramatically improving the aooearance and vitalitv of this area of town. 4. The proposed subdivision shall be m compliance with all applicable requirements of this Title. STAFF FINDING: DOES IT COMPLY? YES Staff believes that the proposed development is in conformance with all of the provisions of the land use code if the dimensional requirements are approved through the PUD and the proposed method of miti atin for affordable housin is acce ted b Cit Council. B. Suitability of Land for Subdivision a. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep to]Jography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. b. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. - 38- STAFF FINDING: I DOES IT COMPLY? I YES Staff believes the site is suitable for development. However, Staff does have concerns about the stability of the hillside above the proposed project related to the significant excavation that would have to occur to accommodate the development. Staff has required significant soil stability mitigation measures that include a hillside movement monitoring system. Staff believes that the proposal satisfies this criterion with the conditions of approval that are proposed in the attached ordinance. There is also not a need for premature extension of utilities. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the community. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.530, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. STAFF FINDING: DOES IT COMPLY? YES The Applicant has proposed to meet the Resident Multi-family Replacement Program requirements for the demolition of the Mine Dump Apartments by providing 13 units of affordable housing on the site that is comprised of 50 percent of the units, bedrooms, and square footage that is in the multi-family complex to tom down. Additionally, the Applicant has requested the necessary growth management allotments to construct the proposed development. If the method of miti ation is acce ted b Cit Council, this criterion will be met. E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. - 39- STAFF FINDING: DOES IT COMPLY? YES The Applicant shall be required to pay the applicable school land dedication fee for the residential units within the development. Staff has included a condition of approval that re uires the school land dedication fees be aid rior to buildin ermit issuance. F. Growth Management Approval. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AH-PUD) without first obtaining growth management approvals if the newly created parcel(s) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. (Ord. No. 44-2001, 9 2) STAFF FINDING: DOES IT COMPLY? YES The Applicant has requested the necessary growth management approvals to construct the proposed development. If these growth management requests are approved then the subdivision can be a roved b Cit Council. - 40- Exhibit "A" Staff Findings: GM Review -Conversion of Residential Reconstruction Credits to Lodging Units Section 26.470.040(C)(4) of the City Land Use Code provides that development applications for reconstruction credits must comply with the following standards and requirements. a) Sufficient growth management allotments are available to accommodate the uses, pursuant to Section 26.470.030.D, Annual Development Allotments. STAFF FINDING: TDoESITCOMPLV? I YES The residential units within the development are to be constructed from reconstruction credits gained from the demolition of the Mine Dump Apartments. Some of the lodge rooms are also proposed to be developed from reconstruction credits. The development rights for the lodge units not to be constructed from reconstruction credits shall be obtained pursuant to the requirements of Land Use Code Section 26.470.040(C)(2). There is no cap on lodge allotments that can be given in anyone year. The commercial allotment being requested requires a multi- year allotment. The Applicant's compliance with the multi-year allotment standards are addressed elsewhere in the Staff memorandum. If City Council grants the multi-year allotments, this criterion is met. b) The proposed development is consistent with the Aspen Area Community Plan. STAFF FINDING: DOES IT COMPL v? YES Please see Staffs res onse to POO review standard A I . c) Residential dwelling unit construction credits shall be converted to lodge units at a rate of three (3) lodge units per each one residential unit; STAFF FINDING: I DOES IT COMPL v? I YES The Applicant is requesting reconstruction credits for fifteen (15) of the residential units to be demolished in the Mine Dump Apartments. The fifteen (15) residential units translate into forty-five (45) lodge units when using the ratio of three (3) lodge units per one residential unit being demolished. d) Development shall comply with Section 26.470.070, Reconstruction Limitations. - 41- STAFF FINDING: I DOES IT COMPLY? I YES The proposal satisfies the requirements of Section 26.470.070, Reconstruction Limitations, if the building permit for the lodge is submitted within one year of demolition of the units. The replacement units are proposed on the same parcel and on non-contiguous parcels within the same POO as is permitted by Land Use Code Section 26.470.070. Staff finds this criterion to be met. e) Sixty (60) percent of the employees generated by the lodge units, according Section 26.470.050.A. Employee Generation Rates, are mitigated through the provision of affordable housing or cash-in-lieu thereof. If the project qualifies as an Incentive Lodge project, pursuant to Section 26.470.040.C.3, then thirty (30) percent of the employees generated by the lodge units shall be mitigated. Affordable housing shall be approved pursuant to Section 26.470.040.C.7, Affordable Housing, and be restricted to Category 4 rate as defined in the Aspen Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower Category designation. STAFF FINDING: I DOES IT COMPLY? I YES The Applicant has proposed to mitigate for 60% of the employees generated by lodge rooms that are to be derived from reconstruction credits. Please see the mitigation section of the staff memo for an explanation on the employee housing mitigation breakdown. Staff finds this criterion to be met. f) The proposed development is compatible with the character of the existing land uses in the surrounding area and the purpose of the underlying zone district. STAFF FINDING: DOES IT COMPLY? YES. Please see Staff s res onse to POO review standard A I . g) The project represents minimal additional demand on public infrastructure or such additional demand is mitigated through improvements proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking, and road and transit services. - 42- STAFF FINDING: DOES IT COMPLY? YES Adequate public facilities either already exist or will be upgraded at the owner's sole expense in order to meet the expected demand. While South Aspen Street is a steeply pitched street with potential wintertime dangers, the City Engineer and the Fire Marshall are confident that there will be adequate access to serve this project and for fire protection if South Aspen Street is reconstructed and snowmelted. To enhance fire protection, the structure will contain a complete fire sprinkler system. Staff believes that if the snowmelt plan is proposed by the A licant for South As en Street is enacted, no densit reductions are necess - 43- Exhibit "A" Staff Findings: GM Review - Expansion/New Commercial, Lodge, or Mixed Use Development. The expansion of an existing commercial, lodge, or mixed-use building or the development of a new commercial, lodge, or mixed-use building shall be approved, approved with conditions, or denied by the Planning and Zoning Commission based on the following criteria: a) Sufficient growth management allotments are available to accommodate the expansion, pursuant to Section 26.470.030.D, Annual Development Allotments. STAFF FINDING: I DOES IT COMPLY? I YES The residential units within the development are to be constructed from reconstruction credits gained from the demolition of the Mine Dump Apartments. Some of the lodge rooms are also proposed to be developed from reconstruction credits. The development rights for the lodge units not to be constructed from reconstruction credits shall be obtained pursuant to the requirements of Land Use Code Section 26.470.040(C)(2). There is no cap on lodge allotments that can be given in anyone year. The commercial allotment being requested requires a multi- year allotment. The Applicant's compliance with the multi-year allotment standards are addressed elsewhere in the Staff memorandum. If City Council grants the multi-year allotments, this criterion is met. b) The proposed development is consistent with the Aspen Area Community Plan. STAFF FINDING: DOES IT COMPLY? YES Please see Staffs res onse to PUD review standard A I). c) Sixty (60) percent of the employees generated by the additional commercial/lodge development, according Section 26.470.050.A, Employee Generation Rates, are mitigated through the provision of affordable housing or cash-in-lieu thereof. Affordable housing shall be approved pursuant to Section 26.470.040.C.7, Affordable Housing, and be restricted to Category 4 rate as defined in the Aspen Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower Category designation. Mitigation for Free- Market residential units within a mixed-use project shall be pursuant to Section 26.470.040.C.6 - Free-Market Residential Units within a Mixed-Use Project. STAFF FINDING: T DOES IT COMPLY? I YES The Applicant has proposed to mitigate for 60% of the employees generated by the lodge rooms and the commercial space that is proposed. Please see the mitigation section of the staff memo for an explanation on the employee housing mitigation breakdown. Staff finds this criterion to be met. - 44- d) The project represents minimal additional demand on public infrastructure or such additional demand is mitigated through improvement proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking, and road and transit services. STAFF FINDING: DOES IT COMPLV? YES Adequate public facilities either already exist or will be upgraded at the owner's sole expense in order to meet the expected demand. While South Aspen Street is a steeply pitched street with potential wintertime dangers, the City Engineer and the Fire Marshall are confident that there will be adequate access to serve this project and for fire protection if South Aspen Street is reconstructed and snowmelted. To enhance fire protection, the structure will contain a complete fire sprinkler system. Staff believes that if the snowmelt plan is proposed by the A licant for South As en Street is enacted, no densit reductions are necess - 45- Exhibit "A" Staff Findings: GM Review - Affordable Housing. The development of affordable housing deed restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines shall be approved, approved with conditions, or denied by the Planning and Zoning Commission based on the following criteria: a) Sufficient growth management allotments are available to accommodate the new units, pursuant to Section 26.470.030.C, Development Ceiling Levels. STAFF FINDING: I DOES IT COMPLY? I YES There is not an annual cap on the number of allotments available for affordable housing units. Additionally, the number of affordable housing units in the community after the construction of the affordable housing associated with this development will not come close to exceeding the overall ceiling for affordable housing units set forth in the growth management section of the land use code. b) The proposed development is consistent with the Aspen Area Community Plan. STAFF FINDING: DOES IT COMPLY? YES Please see Staffs res onse to POO review standard A I). c) The proposed units comply with the Guidelines of the AspenlPitkin County Housing Authority. A recommendation from the Aspen/Pitkin County Housing Authority shall be required for this standard. The Aspen/Pitkin County Housing Authority may choose to hold a public hearing with the Board of Directors. STAFF FINDING: "1 DOES IT COMPLY? I YES There is not an annual cap on the number of allotments available for affordable housing units. Additionally, the number of affordable housing units in the community after the construction of the affordable housing associated with this development will not come close to exceeding the overall ceiling for affordable housing units set forth in the growth management section of the land use code. d) Affordable Housing required for mitigation purposes shall be in the form of actual newly built units or buy-down units. Each unit provided shall be designed such that the finished floor level of fifty (50) percent or more of the unit's net livable square footage is at or above Natural or Finished Grade, whichever is higher. Off-site units shall be provided within the City of Aspen city limits. Units outside the city limits may be accepted as mitigation by the City Council, pursuant to 26.470.040.D.2. Provision of affordable housing through a cash-in-lieu payment shall be at the discretion of the Planning and Zoning Commission upon a recommendation from - 46- the Aspen/Pitkin County Housing Authority. Required affordable housing may be provided through a mix of these methods. STAFF FINDING: I DOES IT COMPLY? I YES As is described in the mitigation section of the staff memorandum, the Applicant is proposing to provide the thirteen (13) affordable housing units on the site to satisfy the multi-family replacement program requirements for demolishing the Mine Dump Apartments. Additionally, the Applicant has proposed to mitigate for the remainder of the mitigation requirements by constructing 32 units within the City limits on the Smuggler Racquet Club parcel and nine (9) units at the AABC. During the conceptual POO review, City Council placed a condition requiring that 60% of the required mitigation be provided within the City limits and 40% be allowed to be provided outside the City limits, but within the Urban Growth Boundary. The Housing Board has recommended that the P&Z and City Coucil accept the mitigation plan that is proposed. Staff believes that the proposed mitigation plan is consistent with the condition of approval that was requested by City Council at conceptual review and in compliance with this criterion. e) The proposed units shall be deed restricted as "for sale" units and transferred to qualified purchasers according to the Aspen/Pitkin County Housing Authority Guidelines. The owner may be entitled to select the first purchasers, subject to the aforementioned qualifications, with approval from the Aspen/Pitkin County Housing Authority. The deed restriction shall authorize the Aspen/Pitkin County Housing Authority or the City of Aspen to own the unit and rent it to qualified renters as defined in the Affordable Housing Guidelines established by the Aspen/Pitkin County Housing Authority, as amended. The Aspen/Pitkin County Housing Authority, or its Board of Directors, at its sole discretion, may authorize affordable housing units owned and associated with a lodging or commercial operation to be rental units if a legal instrument, in a form acceptable to the City Attorney, ensures permanent affordability of the units. Units owned by the Aspen/Pitkin County Housing Authority, the City of Aspen, Pitkin County, or other similar governmental or quasi-municipal agency shall not be subject to this mandatory "for-sale" provision. STAFF FINDING: I DOES IT COMPLY? I YES The Applicant has proposed to convey an undivided 1/10'h of one percent ownership interest in the thirteen (13) affordable housing units that are to be built on the site to the Housing Authority. This method of ensuring that the deed restrictions are enforceable has been accepted by the City on many occasions and the City Attorney believes that it is an appropriate practice. Staff finds this criterion to be met. - 47- Exhibit "A" Staff Findings: GM Review - AH Outside City Limits The provlSlon of affordable housing, as required by Chapter 26.470, Growth ~ Management, with units to be located outside the City of Aspen boundary, upon a recommendation from the Planning and Zoning Commission, shall be approved, approved with conditions, or denied by the City Council based on the following criteria: a) The proposal promotes the Goals and Objectives of the Aspen Area Cormnunity Plan. STAFF FINDING: DOES IT COMPLY? YES Please see Staff s res onse to POO review standard A I . b) The off-site housing is within the Aspen Urban Growth Boundary. STAFF FINDING: I DOES IT COMPLY? I YES The affordable housing units that are proposed outside of the City limits are proposed to be located at the AABC, which is located within the Urban Growth Boundary. Staff finds this criterion to be met. c) The proposal furthers affordable housing goals by providing units established as priority through the current Guidelines of the Aspen/Pitkin County Housing Authority, and provides a desirable mix of affordable unit types, economic levels, and lifestyles (e.g., singles, seniors and families). A recommendation from the Aspen/Pitkin County Housing Authority shall be considered for this standard. STAFF FINDING: I DOES IT COMPLY? I YES The Housing Board has reviewed the proposed development and has indicated that the thirteen (J 3) affordable housing units that are proposed for the site meet the Housing Guideline requirements. Additionally, the Housing Board felt that the overall mitigation concept, including the proposed units on the Smuggler Racquet Club property and the AABC property is acceptable. Staff finds this criterion to be met. d) The applicant has received all necessary approvals from the governing body with jurisdiction of the off-site parcel. STAFF FINDING: DOES IT COMPLY? YES The Applicant has applied for the necessary approvals to construct the proposed affordable housing on the Smuggler Racquet Club property and is currently in the City's review process. Pitkin County has already granted approval for the units to be constructed at the AABC. Staff finds this criterion to be met if the Applicant receives approval of the Smuggler Racquet Club a lication rior to Cit Council review of the lod e a lication. - 4S- Note: City Council may accept any percentage of a project's total affordable housing mitigation to be provided through units outside the city's jurisdictional limits, including all or none. - 49- Exhibit "A" Staff Findings: GM Review - Exceptional Project or Multi-Year Development Allotment. The City Council, upon a recommendation from the Planning and Zoning Commission, shall approve, approve with conditions, or deny an exceptional project or a multi-year development allotment request based on the following criteria: a) The proposed multi-year or exceptional development is considered "exceptional" considering the following criteria: (Note - A project need not meet all of the following criteria, only enough to be sufficiently considered "exceptional.") 1. The proposed project advances the visions, goals or specific action items of the Aspen Area Community Plan. STAFF FINDING: DOES IT COMPLY? YES Please see Staffs res onse to PUD review standard AI. 2. The proposal exceeds the minimum affordable housing required for a standard project. STAFF FINDING: I DOES IT COMPLY? I YES The proposed affordable housing in total exceeds the required mitigation as was described in the mitigation section of the staff memorandum. 3. The proposed project represents an excellent historic preservation accomplishment. A recommendation from the Historic Preservation Officer shall be considered for this standard. STAFF FINDING: DOES IT COMPLY? YES The project is not proposed on any properties that are designated to the Aspen Inventory of Historicall Desi ated Sites and Structures. 4. The proposal furthers affordable housing goals by providing units established as priority through the current Guidelines of the AspenlPitkin County Housing Authority, and provides a desirable mix of affordable unit types, economic levels, and lifestyles (e.g. singles, seniors, families, etc.). A recommendation from the AspenlPitkin County Housing Authority shall be considered for this standard. - 50- STAFF FINDING: I DOES IT COMPLV? I YES The Housing Board has reviewed the proposed development and has indicated that the thirteen (13) affordable housing units that are proposed for the site meet the Housing Guideline requirements. Additionally, the Housing Board felt that the overall mitigation concept, including the proposed units on the Smuggler Racquet Club property and the AABC property is acceptable. Staff finds this criterion to be met. 5. The proposal minimizes impacts on public infrastructure by incorporating innovative, energy-saving techniques. I DOES IT COMPL v? I YES, IF GSHP WERE USED ON THE STREET AS WELL AS THE LODGE. The Applicant is proposing to use GSHP technology to heat and cool the lodge. The energy to be saved by heating and cooling the lodge through GSHP technology is proposed to offset the energy that will be needed to snowmelt the road using traditional boiler technology. The City's Environmental Health Department would like the Applicant to use GSHP technology to also snowmelt the street. STAFF FINDING: 6. The proposal minimizes construction impacts to the extent practicable both during and after construction. STAFF FINDING: DOES IT COMPL v? NOT ENOUGH INFORMATION. The Applicant did not address this criterion in the application, and thus Staff does not have enou h information to evaluate the a lication's com liance with this standard. 7. The proposal maximizes potential public transit usage and mmlmlzes reliance on the automobile. STAFF FINDING: DOES IT COMPLY? YES. The proposed location ofthe lodge is in close proximity to the Commercial Core and the base of As en Mountain. Additionall , the A licant has ro osed a shuttle for ests. 8. The proposal exceeds minimum requirements of the Efficient Building Code or for LEEDS certification, as applicable. A recommendation from the Building Department shall be considered for this standard. - 51 - STAFF FINDING: DOES IT COMPLY? YES. The Applicant has proposed to use GSHP technology to heat and cool the lodge structure in order offset the energy requirements for using traditional boilers to operate the snowmelt that is being proposed in South Aspen Street. The Building Department and Dan Richardson of the City's Environmental Health Department requested that the Applicant offset all of the C02 emissions from the snowmelt in the construction and design of the lodge's mechanical systems. Additionally, Dan Richardson suggested that the Applicant design the lodge to exceed the 2006 International Energy Code requirements by 50%. Staff feels that if met, the above re uirements will ensure that this ro' ect is of exce tional environmental ualit . 9. The proposal promotes sustainability of the local economy. STAFF FINDING: I DOES IT COMPLY? I YES. Staff feels that the project does promote a sustainable local economy adding lodges rooms to the City's inventory that had been decreasing over the last decade. Additionally, this proposal refurbishes the area around the west side of the base of Aspen Mountain and functionally expands the ski able terrain, which willlikelv attract more visitors. 10. The proposal represents a desirable site plan and an architectural design solution. STAFF FINDING: I DOES IT COMPLY? I YES. Staff does believe that the proposal provides for a desirable site plan and architectural design. The scale and massing of the proposed building has been reduced throughout and the Applicant has intel!rated the buildinl! into S. Asoen Street's streetscaoe. 11. The proposed development is compatible with the character of the existing land uses in the surrounding area and the purpose of the underlying zone district. - 52- STAFF FINDING: I DOES IT COMPLY? I YES. The existing character of the surrounding area is a mix of 1950's era ski lodges, the preserved, original ski chairJift and ski club building, a modern, second-homeowner oriented condominium, a small affordable housing development, one older single-family horne, several larger and newer single-family homes, and three 1970's era condominium structures housing a mix of locals and second homeowners. The subject site contains an eighteen unit apartment complex that is geared towards local residents, a parking lot, open space and one single-family home. While there has been some recent new development in the vicinity, the area largely represents the Aspen of another era of twenty, thirty and even fifty years ago. In terms of land uses, the proposed lodge conforms well to the character of the surrounding development. The lodge proposes short term accommodations located towards the ski mountain side, adjacent to the two lodges across South Aspen Street, and residential-in-character, fractional units oriented on the lower end of the site adjacent to the residential condominiums and single family residences. Staff finds that the revised development plan is generally consistent with the character of the existing land uses in terms of bulk, mass, and height. Given the relatively large size of the proposed structure, there will no doubt be a change to the immediate neighborhood, as most of the existing structures are smaller in size and height comparisons. Most of the surrounding structures are smaller, however, because they are situated on much smaller lots. The Lodge site is over 104,000 sq. ft., while the Lift One and Timber Ridge Condominiums sit on approximately 28,000 and 14,000 sq. ft. lots, respectively. Although the proposed lodge is large, it essentially consists of two smaller buildings connected by a bridge, but physically separated by a street. When considering the proposed lodge in comparison to the other condominium projects to the north, the footprint for the portion of the structure on Parcel I is not greatly out of character with these structures (the difference in size between the two is more in terms of height). Furthermore, if you consider the "surrounding area" to also be the larger base area of the ski mountain in general, the project is generally consistent in mass, scale, and height with the St. Regis Hotel, the Grand Hyatt, the Residences at Little Nell that is under construction, and the Little Nell Hotel. 12. The project complies with all other provisions of the Land Use Code and has obtained all necessary approvals from the Historic Preservation Commission, the Planning and Zoning Commission, and the City Council, as applicable. STAFF FINDING: I DOES IT COMPLY? I YES. If City Council approves the dimensional requirements being proposed in the PUD and accepts the proposed mitigation plan, the development is compliant with the provisions of the land use code and will have obtained all necessary actions from the Planning and Zoning Commission and Citv Council. - 53- Exhibit "A" Staff Findings: Replacement of Demolished Units through MF Replacement Program The replacement of demolished multi-family residential units shall be exempt from the provisions of this Growth Management Section if the requirements of the Multi-Family Housing Replacement Program are met. (See Chapter 26.530 - Multi-Family Housing Replacement Program.) Replacement units shall not be deducted from the respective Annual Development Allotments or Development Ceiling Levels established pursuant to Section 26.470.030. The development of additional residential units, beyond those merely being replaced, shall be subject to this Chapter. Also see Reconstruction Limitations, Section 26.470.070. STAFF FINDING: DOES IT COMPLY? YES As was discussed in the staff memorandum, the Applicant has proposed to meet the resident multi-family replacement program requirements on the site by constructing the thirteen (13) affordable housing units. The Applicant is not proposing to develop more free market residential units in the hotel than the are demolishin in the Mine Dum A artments. - 54- Exhibit "A" Staff Findings: Conditional Use for Restaurant and Commercial Parking Facility When considering a development application for a conditional use, the Planning and Zoning Commission shall consider whether all of the following standards are met, as applicable. A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Community Plan, with the intent of the zone district in which it is proposed to be located, and complies with all other applicable requirements of this title; and STAFF FINDING: DOES IT COMPL v? YES. Staff does believe that it is appropriate to have a restaurant use an accessory use in a lodge that is to be located within the lodging zone district. Moreover, there has been a restaurant at the top of South Aspen Street for quite some time in the Skier's Chalet (recently closed). Staff feels that allowing for a restaurant to be accessory to the hotel use on the site will enhance the apres ski options for visitors and locals alike. In evaluating the request to lease parking spaces to the general public and to neighbors of the project, Staff feels that the commercial parking use will alleviate some of the on-street parking pressure in the area that has been building over the years due to the lack of on-site parking that has been rovided in man of the older condo develo ments in the vicinit . B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; and STAFF FINDING: DOES IT COMPLV? YES. Once again, Staff does believe that it is appropriate to have a restaurant use an accessory use in a lodge that is to be located within the lodging zone district. There has been a restaurant at the top of South Aspen Street for quite some time in the Skier's Chalet (recently closed). Staff feels that allowing for a restaurant to be accessory to the hotel use on the site will enhance the apres ski options for visitors and locals alike and compliment the hotel use. In evaluating the request to lease parking spaces to the general public and to neighbors of the project, Staff feels that the commercial parking use will alleviate some of the on-street parking pressure in the area that has been building over the years due to the lack of on-site parking that has been rovided in man of the older condo develo ments in the vicinit . C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and - 55- STAFF FINDING: I DOES IT COMPLY? I YES. Staff feels that the proposed development has plenty of parking, trash, and delivery service to accommodate the accessory restaurant use without providing a visual or circulation impact. Additionally, Staff believes that the commercial parking that is proposed within the parking garage will not be visible or impact the circulation in the immediate area if South Aspen Street is allowed to be snowmelted. D, There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; and STAFF FINDING: T DOES IT COMPLY? I YES. Staff feels that there are sufficient public facilities to accommodate the proposed restaurant and commercial narkinl! uses within the lodge. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and STAFF FINDING: T DOES IT COMPLY? I YES. If City Council accepts the Applicant's proposed employee housing mitigation plan, this criterion is met. - 56- Exhibit "A" Staff Findings: 8040 Greenline Review No development shall be permitted at, above, or one hundred fifty (150) feet below the 8040 greenline unless the Planning and Zoning Commission makes a determination that the proposed development complies with all requirements set forth below. 1. The parcel on which the proposed development is to be located is suitable for development considering its slope, ground stability characteristics, including mine subsidence and the possibility of mud flow, rock falls and avalanche dangers. If the parcel is found to contain hazardous or toxic soils, the applicant shall stabilize and revegetate the soils, or, where necessary, cause them to be removed from the site to a location acceptable to the city. STAFF FINDING: I DOES IT COMPLY? I YES Staff believes the site is suitable for development. However, Staff does have concerns about the stability of the hillside above the proposed project related to the significant excavation that would have to occur to accommodate the development. Staff has required significant soil stability mitigation measures that include a hillside movement monitoring system. Staff believes that the proposal satisfies this criterion with the conditions of approval that are proposed in the attached ordinance. 2. The proposed development does not have a significant adverse affect on the natural watershed, runoff, drainage, soil erosion or have consequent effects oh water pollution. STAFF FINDING: I DOESITCOMPLV? I YES Staff has proposed a condition of approval requiring that a drainage plan be provided as part of the building permit application that demonstrates that the project will not increase the historic rate of drainage off the site. 3. The proposed development does not have a significant adverse affect on the air quality in the city. STAFF FINDING: DOES IT COMPL v? YES Staff has required that the Applicant be required to pay the applicable air quality fee that was recentl ado ted to ensure miti ation for the increased vehicle tri s enerated b the lod e. 4. The design and location of any proposed development, road, or trail is compatible with the terrain on the parcel on which the proposed development is to be located. STAFF FINDING: DOES IT COMPL v? YES The proposed redevelopment and associated reconstruction of S. Aspen Street respects the existing topography of the site and does not try to flatten it. Staff feels that the proposal a ro riatel ste s down the hill with the to 0 a h . - 57- 5. Any grading will minimize, to the extent practicable, disturbance to the terrain, vegetation and natural land features. STAFF FINDING: DOES IT COMPLY? YES The Applicant has proposed extensive landscaping to mitigate for the regrading and loss of landscaping that will occur on the site. The loss of vegetation will be mitigated by the planting of street trees and rovidin extensive landsca in throu hout the site. 6. The placement and clustering of structures will minimize the need for roads, limit cutting and grading, maintain open space, and preserve the mountain as a scenic resource. STAFF FINDING: DOES IT COMPLY? YES The Staff feels that the development will be tucked away and will not be significantly visible from outside of the immediate neighborhood. Additionally, the Applicant's design allows for views of Shadow Mountain from South Aspen Street at certain vantage points. The proposal also contains a significant amount of open space between the Juan Street affordable housing com lex and the ro osed develo ment for a buffer. 7. Building height and bulk will be minimized and the structure will be designed to blend into the open character of the mountain. STAFF FINDING: I DOES IT COMPLY? I YES As was discussed in the previous response, Staff feels that the proposed lodge would be tucked away and not very visible outside of the immediate neighborhood. Significant massing changes were required during the conceptual review that reduced the lodge's visibility from the public realm north of Durant Avenue. 8. Sufficient water pressure and other utilities are available to service the proposed development. STAFF FINDING: I DOES IT COMPLY? I YES All necessary utilities can serve the proposed development. The City utility agencies were consulted and recommended necessary improvements for the lodge to be served with all the necessarv utilities. 9. Adequate roads are available to serve the proposed development, and said roads can be properly maintained. STAFF FINDING: DOES IT COMPLY? YES The Applicant has proposed to reconstruct and snowmelt South Aspen Street to make it safe to accommodated the ro osed develo ment. 10. Adequate ingress and egress is available to the proposed development so as to ensure adequate access for fire protection and snow removal equipment. - 58- STAFF FINDING: DOES IT COMPL V? YES The Fire Marshall has reviewed the proposal and indicated that they have adequate ingress and egress to serve the property. Additionally, the lodge is to contain sprinkler systems meeting the Fire Marshall's requirements and standpipes. Finally, the Applicant is required to put together a Ian to be reviewed and a roved b the Fire Marshall for fi htin fires in the arkin ara e. 11. The recommendations of the Aspen Area Community Plan: Parks/Recreation/Trails Plan are implemented in the proposed development, to the greatest extent practical. (Ord. No. 55-2000, S 7) STAFF FINDING: DOES IT COMPL v? NOT APPLICABLE The ParksIRecreation/Trails Plan in the AACP does not speak to this property. Therefore, this criterion is not a licable to this a lication. - 59- v v I- ,Ii ~- ;.. " '\ -I ~ ~ , ;; ~ ~ ~ , ; ~ ~ .~ a~ ~= =~ .~ .~ != ~~ .:a:;:! .; ::::! s~ o~ c_ aa ~~ -c a~ .~ ~.. *a .0 ~. o. :i!( ~E o. c, ~~ *~ .. ~~ ,0 ~a *= ~- ~c == ~~ ~~ 5 ,. [ . .. . 1 Ll"c: *J l;ll ".. '".. :;;.. ~~ ;:1 :;l~ ~;: . ~j~l ~ II Memorandrnn To: John Sarpa cc: Jeff Hanson, Krystal England From: Mark 1 Hughes Date: 1/29/2007 Re: The Lodge at Aspen Mountain: Construction Management Plan Review Below are bullet points reflecting items that are "Over and Above" the standard requirements of the City of Aspen Construction Management Plan. The Project, as a whole, shall aim to exceed standard industry performance by actively endorsing the following project initiatives: o Planning & Scheduling o The Schedule for the Proj ect has been 'broken down into eleven key Phases, each with a distinct Staging and Logistics Plan graphic included in the Construction Management Plan. o The Contractor shall update and publish modifications to the Construction Management Plan with input from the City of Aspen, Neighborhood groups, and Schedule alterations. o Communication - sharing of information. o The Contractor shall publish periodic updates in The Aspen Times and The Aspen Daily News to notify & inform the public on construction issues. o A designated contact person shall be appointed for liaison with the Public. Contact information shall be published. o The Contractor shall provide a regularly updated Project Website with posted information and status photographs. o The Contractor shall hold bi-monthly meetings with the Juan Street, Garmisch Street, and South Aspen Street neighborhood groups regarding construction status and concerns. o Safety - Protection of Public Health and Welfare Swinerton Builders, Denver Division - 6890 West 52"<1 Ave., Suite 100 -Arvada, CO 80002-390] Phone: 303-413-9242 Fax: 303-423-0632 Page 1 of3 -E,c.ki~i+ t) II o The Contractor shall initiate and publish a comprehensive Environmental Health and Safety Plan to identify potential environmental hazards and means and methods in which to deal with them. o The Contractor shall hold monthly coordination meetings with The City of Aspen regarding Traffic Control. o A specific Traffic Control Coordinator shall be designated for the Project. o Peak Skier traffic hours will be avoided for major deliveries. o Minimize Construction Impact on Neighborhood and Adjacent Properties. o The Contractor shall take additional measures to protect the adjacent Juan Street properties from construction noise. The Contractor shall install noise abatement measures including; placing storage trailers adjacent to the project limits to buffer sound and installing fencing to protect the residences from visual disturbance. o Vehicle engine Pre-Heaters will be required to reduce warm up times and vehicle start up idling time. o With the City of Aspen's permission, a portion of Juan Street will be closed and gated to segregate the Juan and Garmisch Street properties from the Construction Site. o All vehicle access and staging will occur behind barriers along South Aspen Street adjacent to the Project Site ~ no staging on public streets will be allowed. o The Parking Management Plan proposes offsite parking at the remote RFTA Brush Creek Park and Ride. o The Contractor has contacted RFT A to determine the feasibility of dedicated busses operating between Glenwood Springs and the Project Site, morning and evening. o Sustainability - provide Environmental Stewardship. o The Contractor shall endorse and actively pUrsue its corporate environmental sustainability policy for this project. For specifics on this please visit - http://www.swinertongreen.com/ o Construction waste management and wildlife protection utilizing; Source segregate debris on site, Pre-qualifY debris box haulers, Start a recycling program at the beginning of a project, Provide a jobsite free of food waste, and Provide animal proof receptacles. o The landscape architect and the City of Aspen Parks Department shall approve the means and methods of protection for all designated tree and native vegetation areas to be preserved. SwinertoD Builders, Denver Division - 6890 West 52n<1 Ave., Suite 100 - Arvada, CO 80002-3901 Phone: 303-423-9242 Fax: 303-423-0632 ""....1 " +..e-liNJe.:z, . . t ~ 'tq , t Page 2 of3 lI'I"I., . 1.. .....-. , ---." d4JZ- Mark 1 Hughes Pre-Construction Manager, Architect Swinerton Builders, Denver Division - 6890 West 52nd Ave., Suite 100 - Arvada, CO 80002-3901 Phone: 303-423-9142 Fax: 303-423~0632 Page 3 of3 ~ EXCEPTIONAL PROJECT REVIEW CRITERIA The Lodge at Aspen Mountain 2/6/07 1. The proposed project advances the visions, goals or specific action items of the Aspen Area Community Plan. . AACP "Action Plan" Sustainable Economic Development task force creation . Number one issued identified by task force was deteriorating condition of City's lodging and tourist facilities and the outright loss of tourist beds . Task force recommendation that the City actively support the development of new lodging . The project provides 80 new Lodge beds and 21 fractional ownership units available for nightly rental by the public 2. The proposal exceeds the minimum affordable housing required for a standard project. . 94.5 employees required to be housed to mitigate hotel units, fractionalowner- ship units and commercial uses . 115.25 employees to be housed, 22 percent more than required . 60 percent of employees required to be housed within the Aspen City Limits . 77 percent of employees to be housed will be housed within the City Limits, 28 percent more than required 3. The proposal furthers affordable housing goals by providing units established as priority through the current Guidelines of the Aspen/Pitkin County Housing Authori- ty, and provides a desirable mix of affordable housing unit types, economic levels, and lifestyles (e.g., singles, seniors, families, etc.). . Affordable housing mitigation program approved by APCHA . Mitigation program includes studio, I-bedroom, 2-bedroom and 3-bedroom units . Mitigation program includes both rental and sales units . Income categories to be determined by APCHA and will include a variety of rental and sales prices I EKki Ioi-t E , 4. The proposal minimizes impacts on public infrastructure by incorporating innovative, energy-saving techniques. · Project will utilize an innovative system of ground source heat pumps and other conservation measures to offset energy required to snowmelt South Aspen Street and to reduce the energy consumption of the project by 30 percent as compared to the average of other Aspen hotels (e.g., The Little Nell, the S1. Regis, the Hotel Jerome, etc.) · The City's Canary Initiative group and the Building Department consider the project's energy savings approach to be exceptional 5. The proposal minimizes construction impacts to the extent practicable both during and after construction. · Construction management plan exceeds City requirements 6. The proposal maximizes potential public transit usage and minimizes reliance on the automobile. · Extensive hotel van service to be provided · Extensive improvements to South Aspen Street will facilitate future transit use and significant improve pedestrian circulation in the immediate site area · Construction worker intercept 7. The proposal exceeds minimum requirements of the Efficient Building Code or for LEEDS certification, as applicable. · Project's energy savings commitment exceeds minimum requirements . Canary Initiative group and Building Department concur 8. The proposal promotes sustainability of the local economy. . The project adds a significant number of new lodge beds to City inventory thereby enhancing economic sustainability 9. The proposal represents a desirable site plan and an architectural design solution. . Project design extensively reworked to accommodate concerns of the neighbors . Project design has achieved almost unanimous support of the neighbors 2 . 10. The proposed development is compatible with the character of the existing land uses in the surrounding area and the purpose of the underlying zone district. · The project site is depicted as appropriate for lodging use in the AACP and is zoned "L", Lodging on the City's zoning map · With the exception of the Shadow Mountain Condominiums, both sides of South Aspen Street south of Durant A venue are presently earmarked for lodging and tourist oriented redevelopment C: \oldc\bus\notes\nts44802. pz2 3 Aspen Plannin!! & Zonin!! Commission Meetin!! - Minutes - February 6, 2007 COMMENTS ............................................................................................................ 2 MINUTES ................................................................................................................. 2 DECLARATIONS OF CONFLICT OF INTEREST ............................................... 2 SMUGGLER RACQUET CLUB ............................................................................. 2 LODGE AT ASPEN MOUNTAIN FINAL PUD .................................................... 2 ASPEN HIGHLANDS VILLAGE SUBSTANTIAL PUD...................................... 6 I 6chil.i... F- Aspen Planninl! & Zoninl! Commission Meetinl! - Minutes - February 6. 2007 Ruth Kruger opened the regular meeting at 4:35 pm in the Sister Cities meeting room. Members John Rowland, Brian Speck, Steve Skadron and Ruth Kruger were present. Dylan Johns was excused from the Lodge. Staff in attendance were Joyce Allgaier and Jessica Garrow, Community Development; Jackie Lothian, Deputy City Clerk. COMMENTS Ruth Kruger stated that the lights on the Sardy House tree were an outstanding addition and she asked if a letter could be written to Mr. DeVaney from the Planning Commission. Joyce Allgaier stated that she would draft a letter from P&Z. MINUTES MOTION: Steve Skadron moved to approve the minutes from January 2nd and January J 6th; seconded by John Rowland. All in favor, APPROVED. DECLARA nONS OF CONFLICT OF INTEREST Dylan Johns stated a conflict on the Lodge at Aspen Mountain. CONTINUED PUBLIC HEARING SMUGGLER RACQUET CLUB Ruth opened the continued public hearing on the Smuggler Racquet Club. MOTION: Steve Skadron moved to continue the hearing on the Smuggler Racquet Club to February 20th, seconded by John Rowland, All in favor, APPROVED. CONTINUED PUBLIC HEARING: LODGE AT ASPEN MOUNTAIN FINAL PUD Ruth Kruger opened the continued public hearing on the Lodge at Aspen Mountain final PUD. Notice was provided at the previous meetings. Joyce Allgaier summarized the project and tonight the applicant would address the street parking in the neighborhood, detailed landscape plan, energy conservation plan, exceptional project status recommendation for GMQS Multi-year and construction management plan summary. Allgaier said that in section 14 of the revised resolution was included a condition that pulled together the Canary Initiative and was a step above what has been seen for energy conservation. There was a summary of the construction management plan included in the packet as Exhibit D. Allgaier said that staffrecommended approval because it took in a good use of the base of the mountain and a use that benefits the city and implements the AACP. 2 Asoen Plannine: & Zonine: Commission Meetine: - Minutes - February 6. 2007 John Sarpa said that they were excited to break new ground with this application with the staff from the Canary Initiative (Dan Richardson) and the building department (Stephen Kanipe). Sarpa said there was a good reason that not that many neighbors were attending this meeting because the notice was given and many of the neighbor's issues were addressed. Sarpa stated that the no parking on Juan and Garmisch was a result of the space required. Sarpa presented the drawing, which was included in the packet that showed 2 new on-street parking spaces and retained the sidewalk on Juan Street; on the Garmisch side the sidewalks were moved but retained and added back 3 spaces. Sarpa said that did not solve all the parking problems but gave some relief because Juan Street and Trainer had parking on site. Sarpa said that there was inefficient parking around Koch Park and their construction management plan would not allow their trucks to park around Koch Park. Steve Skadron asked if the 2 Juan Street parking spaces were restricted. Sunny Vann replied the spaces were "sticker B". Vann added that the new city engineer was more flexible and there were items such as tree preservation, planning strips and emergency vehicle access. Sarpa said they asked themselves how they could generally be above the cut in the energy plan and they agreed to obtain real data from big hotels finding out how they were managing these areas of data and do better than they were doing in those areas of energy consumption. Sarpa committed to 30% above the average energy conservation; this was a real number based upon the data collected. Sarpa said if the threshold was missed they would buy the energy credits through CORE; they will measure their numbers over the next 20 years. If they go above the 30% they would be able to apply the credits to the next year or sell the energy credits; there would be some kind of cap on the amount that would have to be paid in any given year. Allgaier said there would be an annual energy audit. Vann noted that the energy conservation also takes into account the energy used by the street related issues as well. Skadron said the energy audit will be in place for 20 years; he asked once the project was completed and the flag is in place what management procedures will ensure that actually happens. Vann replied when the project was completed they would adopt a PUD Agreement, which would set forth specific procedures on which the audit would be implemented; they would be required to be in compliance with, all of the requirements under the PUD Agreement. Vann stated that the conditions of approval run with the land, whoever owns the property even into the future would be encumbered by the conditions of approval. 3 Aspen Planninl!: & Zoninl!: Commission Meetinl!: - Minutes - Februarv 6. 2007 Sarpa said that construction management plan was worked out very well with a new set of criteria (Swinerton Construction Management Plan) was included in the summary sheet Exhibit D. Sarpa commented traffic was a big part ofthe problem and they have said that their workers will have to stop at Brush Creek and be bussed by the project's own buses or through RFTA buses; there would be a system in place with a huge impact on traffic to bus the workers and their equipment to the project, which would save a lot of traffic and was not required. Sarpa stated that they would have regularly scheduled meetings with the neighborhood to talk about what was happening and what was about to happen; so that the neighbors could give input. Sarpa said the meetings would be twice a month (not required anywhere) but this was an input and communication issue that they were addressing. Sarpa said the staging of the trucks was a big issue and the trucks would be instructed not to go to Koch Park and there would not be any deliveries; the actual staging area would be located on South Aspen Street. Vann said that the construction management plan was being reviewed by the building department and those recommendations would be binding under the terms of the PUD Agreement. Ruth Kruger asked what happens if a worker misses the bus and how the enforcement of workers riding the bus would happen. Mark Hughes, Swinerton, stated that he has had conversations with RFT A and they have a pending meeting to discuss RFT A; because RFT A was a federally funded public transport they can't designate a specific bus for their workers but they will increase route service from Brush Creek into town. Hughes said if a worker misses that first bus they would have to wait for the next bus. Vann said the manager of the project would have someone on staff to maintain this plan. Hughes said there would be a traffic coordinator to work directly with the police and engineering departments to enforce the requirement in place. Hughes said there were other projects that these restrictions on workers were in place with lock boxes for the workers tools to remain on the job. Allgaier suggested a percentage of employees that would actually use public transportation or a shuttle; she said this was an incredible effort and goal to attain. Skadron asked if the self imposition was a product of the project size. Sarpa replied that one of the biggest problems in town was traffic and if they can reduce some of the traffic would be useful and they have to be an exceptional project. Kruger said that she was glad that they were making the process exceptional. Kruger asked how they were going to have a project free offood waste. Hughes said it takes one guy at 3 o'clock and all he does is gather the food waste and puts it in the bear-proof containers every day; the police department will fine them for any food scrape found. 4 Aspen Plannin!! & Zonin!! Commission Meetin!! - Minutes - February 6. 2007 Sarpa stated that landscaping was wanted in detail; he presented a landscape plan and drawing. Sarpa said the trees proposed now were lower than the original for Mary Barbee's perspective. Dave Carpenter from DHM Landscape Architects said they have been in contact with the Parks Department to make sure the landscape fits within its context. Sarpa stated that 2 of the criteria were in the energy area. Kruger noted that the commission was not that impressed with the exceptional criteria. Sarpa answered that was why they were going over and above the criteria. Vann said be that as it may those were the only criteria that they have and it requires a recommendation from the Planning Commission to City Council to make the final decision. Vann said there was an insufficient amount of growth management quota for accessory commercial uses in this building from the 2006 quota; they need to apply for an unknown number for accessory commercial uses from growth management. Vann said that one of the conditions in the AACP was a task force for the deteriorating lodge facilities and the out right loss of tourists beds in the community; the task force recommendation was that the city adopts regulations that would facilitate the approval of new lodging facilities. Vann said the city eliminated the annual quota on lodging. Sarpa said that this was the first new pure hotel in 20 years. Vann said they were adding 80 new lodge rooms and 21 fractional ownership units, which were also available for nightly rental. Vann said they were putting this building in the appropriate place for lodging. Vann said they were proposing housing for lIS, which was 22% more than what was required. Vann said that APCHA approved the housing plan with a variety of housing units from studios to 3 bedroom units with rental and for sale units. Vann said that they would accept as a condition that the residents of the Mine Dump Apartments would have the right of first refusal and they will incorporate that into the PUD Agreement as well. Skadron asked how they collected the energy data from similar properties to set the benchmark. Sarpa replied that he contacted the general manager of each of the hotels for the information on gas and electric for spas and garages over a 2 year period. Allgaier stated that Dan Richardson worked closely with the applicants on energy. Public Comments: I. Mary Barbee asked if the resolution included the little house on the corner. Sarpa responded that the right included anyone living on the property. 2. Alex Biel stated that he lived at 809 South Aspen Street; he said that he heard a lot about traffic on Juan and Garmisch and what he heard about South 5 Aspen Planninl!: & Zoninl!: Commission Meetinl!: - Minutes - Februarv 6. 2007 Aspen Street was not very encouraging with regards to traffic. Hughes responded that this project would be in a 3 year period with 6 month phases of construction; there will be access to South Aspen Street. Hughes said there would be a significant amount of utility work with only 3 intersection closures at 3 independent times during the summer period and the road will be open at all times while they worked in the right-of-way or during the structural phases. Hughes said when they do the road itself they have a plan to keep half of the road open with traffic control, which was contained in the construction management plan. Skadron said that exceeding the exceptional review criteria was a considerable attempt to pioneer new approaches to problems in projects like this and will result in a good project and more importantly for projects coming in behind this one. Skadron supported this project and appreciative of all of the efforts. Kruger reinforced what Steve said and she was delighted to see the last stage of the final approval; this was the most important location in town because it was the original lift and gateway to the mountain. Kruger was pleased that they were going above and beyond in the construction management plan, above and beyond in the housing requirements and in the environmental requirements. Rowland said that the points that his fellow commissioners hit on for the exceptional project was great on a challenging site with a charming building. MOTION: Steve Skadron moved to approve the Resolution #003, series of 2007, recommending that City Council approve with conditions, the Lodge at Aspen Mountain Final PUD and associated land use actions, seconded by John Rowland. Roll call: Speck, yes; Rowland, yes; Skadron, yes; Kruger, yes. APPROVED 4-0. CONTINUED PUBLIC HEARING: ASPEN HIGHLANDS VILLAGE SUBSTANTIAL PUD Ruth Kruger opened the continued public hearing for the Aspen Highlands Village PUD. Jessica Garrow said this was the public hearing for the conversion in use for a condo space and commercial space to a free market unit in Highlands PUD. Garrow said the applicant proposed changing the condo space to a commercial space and the commission asked for staff and the applicant to return with more information. Garrow said unfortunately there were no growth management allotments left for the commercial space from the 2006 growth management year. Garrow said now we were back to the original request to convert the condo space and commercial space to a free market unit. Staff still recommended against this conversion in use because it does not meet the Aspen Area Community Plan, does not meet the intent of the base village and the conversion to a free market unit has 6 Aspen Plannin!! & Zonin!! Commission Meetin!! - Minutes - Februarv 6, 2007 a long term negative impact on the vitality of this area; it does not meet the PUD review criteria. Garrow explained the resolution was to deny this project. Dylan Johns asked why they need the growth allotments because these were not new spaces. Garrow replied that the condo space was not net leaseable space so the allotment was needed. Allgaier clarified that the year starts out with a certain allocation, which gets whittled away by various applications that were pending but by the time this project would be allocated there would not be any square feet left in that allocation. The Commissioners agreed that this was not growth because the space already existed. Bob Daniel stated the space was built over four years ago and was fully mitigated for as was the balance of Aspen Highlands as it related to the principal matrix, which was affordable housing in the community. Daniel said an audit showed they were in excess of mitigation for the number of employees. Daniel understood that they were caught in a rule situation but to pay for another process would not be right. Glen Horn stated there was a flaw in the exemption in change in use and minor additions to a commercial building that should never be deduced from the quota because the basis for those exemptions was that there was no impact on the community. Johns said that the project before P&Z was not what he expected to see; he thought that there would be some conversion to some free market residential and still have a commercial component to it. Garrow said that the best solution for the applicant would be to continue this hearing to March 6th. Garrow said that the applicant could amend the application on March I st requesting the number of square feet to be converted into the commercial space and on March 6th hold the public hearing. Johns asked ifP&Z could approve pending allotments opening up. Garrow replied they were in a current growth management allotment year and they would have to qualify as an exceptional project to be eligible for those allotments. MOTION: Dylan Johns moved to approve Resolution #34, series of 2006, to deny a substantial PUD amendment for the conversion of commercial/condominium meeting space in Building 2 to one (1) free market residential unit at 133 Prospector Road. The resolution further recommends to the City Council the denial of the requested subdivision associated with the conversion of office/retail space to free market residential. Steve Skadron seconded. Roll call: Rowland, no; Speck, no; Skadron, yes; Johns, yes; Kruger, no. DENIED 3-2. 7 Aspen Plannine & Zonine Commission Meetine - Minutes - February 6. 2007 Discussion of first motion: Kruger said that she was still very much in favor of this conversion to residential space because there was no parking and to her it was the only logical use was for residential. Garrow requested a motion to reconsider the motion so that a yes would approve the request and a no would mean to deny the request. MOTION: Steve Skadron moved to reconsider the motion just taken; seconded by John Rowland. All infavor, APPROVED. MOTION: John Rowland moved to approve Resolution #34, series of2006, to approve a substantial PUD amendment for the conversion of commercial /condominium meeting space in Building 2 to one (1) free market residential unit at 133 Prospector Road. The resolution further recommends to the City Council the approval of the requested subdivision associated with the conversion of officelretail space to free market residential unit. Steve Skadron seconded. Roll call: Johns, no; Rowland, yes; Speck, yes; Skadron, no; Kruger, yes. APPROVED 3-2. Meeting adjourned at 7 pm. Jackie Lothian, Deputy City Clerk 8 March 5, 2007 Dear Mayor Klanderud and Council Members, You've heard from me before, but 1 would like to remain on record as opposed to the Lodge at Aspen Mountain development on South Aspen Street in its present form. My major objection to the structure is its size; I feel it is totally beyond the scale of what is appropriate to the ambience of the town. If there has to be a hotel on this site, why can't it be smaller and within Aspen's established zoning guidelines? Further, doesn't it make sense to at least wait until there is an overall plan for that part of the west side of town, given that other developers are corning before you with plans for yet more large structures. Rather than piecemeal approvals, wouldn't it be better to understand and weigh all of the proposals now in the pipeline. As a long-time owner of a Shadow Mountain unit, 1 am also extremely worried about the possibility of surface movement if major digging takes place below us. We know that the soil on which Shadow Mountain Townhomes sits is not totally stabilized; 1 wonder if the town feels any sense of responsibility in granting a permit for such a major construction project knowing this. Soil movement aside, the overarching issue to my mind is the girdling of this beautiful mountain by a ring of massive hotels which I believe will forever damage the look and feel of this town. 1 hope the Town will think deeply about this. Sincerely, Donald C. Gilbert Shadow Mountain #10 Aspen, CO F".'" Fr '~L MEMORANDUM TO: Aspen City Council Randy Ready, AS~ Manager FROM: DATE: March 5, 2007 RE: Ballot Question for Bus Lanes Between Buttermilk and the Roundabout SUMMARY: This item is on your March 12 agenda as an action item to request approval of ballot language for the May 8 municipal election to allow construction of two general traffic lanes and two exclusive bus lanes (the Preferred Alternative) on the 1.2-mile long segment of the Entrance to Aspen between Buttermilk and the Maroon Creek Roundabout. The requested ballot question follows discussion with City Council at a January 30 work session and EOTC approval of bus lane design funding at the February 14 EOTC meeting. Moving ahead with this section of the Entrance to Aspen would not predetermine or preclude any option on the more controversial portion of the corridor between the Roundabout and Main Street. Construction of the Preferred Alternative with bus lanes between Buttermilk and the Roundabout could be done with available Yz cent transit tax funds and would take advantage of a narrow window of opportunity (now that the Entrance to Aspen Reevaluation is completed and the Maroon Creek Bridge replacement is underway) to construct the new bridge with bus lanes and then open the bus lanes for the entire segment in late 2008 or early 2009. Timely bus lane construction would avoid approximately $500,000 in bridge construction and retrofit costs. It would also allow every bus trip in the corridor to benefit from 10-15 minutes in travel time savings during peak hours that often extend throughout the day in this heavily congested section of State Highway 82. Decreases in transit travel time equate to lower operating costs, improved service reliability, and superior passenger convenience that would allow transit to better compete with private automobiles. The municipal ballot question would allow only a change in use to construct and operate bus lanes in the easement that the City granted to CDOT in 2002. The ballot question would only affect the section of SH82 between Buttermilk and the Roundabout. This is admittedly not a total solution to upper valley traffic congestion, but it is a reasonable approach that can be accomplished with available funds in the near term. Meanwhile, the City and the EOTC can continue to honor the public process dealing with the diverse, heart-felt community sentiments regarding what, ifany, transportation improvements should be implemented between the Roundabout and Main Street. 1 The attached January 25 memorandum to City Council (Attachment 1) goes into detail about the background of this issue, results of previous ballot questions, the specific open space parcels in question, bus lane cost and benefit estimates, and the rationale for proceeding with improvements on this particular segment of the corridor in the near future. The May open space use election is necessary because CDOT currently has an easement to use City open space along the Entrance to Aspen corridor "to construct, operate and maintain a two lane parkway and a corridor for a light rail transit system (to be constructed when the financing is available), but for no other purpose or purposes." Without voter approval and funding to construct bus lanes, the new Maroon Creek Bridge will open as a two-lane replacement facility with a concrete median and wide shoulders. The 2006 Entrance to Aspen Reevaluation has upheld the Preferred Alternative, including the ability to build two general-purpose lanes and either a corridor for light rail or two exclusive bus lanes from Buttermilk into Aspen. Since the Reevaluation is complete and construction is underway on the new bridge, there is an immediate opportunity to construct the new bridge with two general traffic lanes and two bus lanes, and then to open the bus lanes from Buttermilk to the Roundabout in late 2008 or early 2009 if City voters approve a change in the use of the open space and if construction funding is approved. The cost to complete the two general traffic lanes and two bus lanes between Buttermilk and the Roundabout is estimated to be $7.9 million in 2007 dollars. Among the assumptions that went into development of that cost estimate is that, wherever possible, construction of the bus lanes should preserve the LR T platform on the south side of the easement to allow the bus lanes to continue in operation throughout construction of the LRT system at some point in the future. The other assumptions affecting the cost estimate are in the attached memorandum. The attached memorandum also discusses the opportunity to avoid about $500,000 in Maroon Creek Bridge construction and retrofitting costs associated with construction and demolition of the concrete median and short bridge approaches if CDOT receives timely direction to proceed with bus lanes on the new bridge. Staffrecommends City Council approval of the attached resolution to place the following question on the May ballot: CITY OF ASPEN - ENTRANCE TO ASPEN Shall the City Council be authorized to amend the Right-of-Way Easement that was conveyed in 2002 by the City of Aspen to the State of Colorado, Department of Transportation, for additional uses on the rights of way across City owned property along State Highway 82 between Buttermilk and the Maroon Creek Roundabout to allow construction, operation and maintenance of a two lane parkway and two exclusive bus lanes, in addition to the already-permitted use for a two lane parkway and a corridor for a light rail transit system? 2 RESOLUTION NO. ~ (Series of 2007) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, SUBMIITING TO THE ELECTORATE OF THE CITY OF ASPEN A CERTAIN BALLOT QUESTION (RELATING TO THE ENTRANCE TO ASPEN) AT THE MAY 8,2007, MUNICIPAL ELECTION. WHEREAS, Section 13.4 of the City of Aspen City Charter requires voter approval before the City Council may sell, exchange, or dispose of public real property, including real property acquired for open space purposes; and WHEREAS, the City Council desires to exchange, or otherwise encumber City owned parcels of property, including property acquired for open space purposes; and WHEREAS, the City Council desires to obtain voter approval for the additional encumbrance of said properties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1 The following question shall be placed on the ballot at the May 8, 2007, municipal election; CITY OF ASPEN - ENTRANCE TO ASPEN Shall the City Council be authorized to amend the Right-of-Way Easement that was conveyed in 2002 by the City of Aspen to the State of Colorado, Department of Transportation, for additional uses on the rights of way across City owned property along State Highway 82 between Buttermilk and the Maroon Creek Roundabout to allow construction, operation and maintenance of a two lane parkway and two exclusive bus lanes, in addition to the already-permitted use for a two lane parkway and a corridor for a light rail transit system? Yes No INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the _ day of ,2007. Helen Kalin Klanderud, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. Kathryn S. Koch, City Clerk JPW- saved: 3/512007-327-G:\john\word\resos\ballot07-May-Entrance.doc Atia. d, n1 ~.<.( .:t.. THE CITY OF ASPEN Memorandum To: Mayor and City Council From: Randy Ready, Asst. City Manager Cc: Steve Barwick, City Manager John Worcester, City Attorney Re: Recommendation for Open Space Use Ballot Question-Buttermilk to Roundabout Segment of the Entrance to Aspen Date: January 25, 2007 For Discussion at the January 30 Work Session Summary: This memorandum recommends that City Council take action to place a measure on the May 2007 municipal ballot to allow construction of two general traffic lanes and two exclusive bus lanes (the Preferred Alternative) on the 1.2 mile long segment of the Entrance to Aspen between Buttermilk and the Maroon Creek Roundabout. Moving ahead with this section of the Entrance to Aspen would not predetermine or preclude any option on the more controversial portion of the corridor between the Roundabout and Main Street. Construction of the Preferred Alternative with bus lanes between Buttermilk and the Roundabout could be done with available Yz cent transit tax funds and would take advantage of a narrow window of opportunity (now that the Reevaluation is completed and the Maroon Creek Bridge replacement is underway) to construct the new bridge with bus lanes and then finish the bus lanes for the entire segment in late 2008 or early 2009. Doing so would avoid approximately $500,000 in bridge construction and retrofit costs. It would also allow every bus trip in the corridor to benefit from 10-15 minutes in travel time savings during peak hours that often extend throughout the day in this heavily congested section of State Highway 82. Decreases in transit travel time equate to lower operating costs, improved service reliability, and superior passenger convenience that would allow transit to better compete with private automobiles. Staff recommends a ballot question to allow only a change in use to construct and operate bus lanes in the easement that has already been granted to CDOT between Buttermilk and the Roundabout. This is admittedly not a total solution to upper valley traffic congestion, but it is a reasonable approach that can be accomplished with available funds in the near term. Meanwhile, the City can continue to honor the public process dealing with the diverse, heart- felt community sentiments regarding what, if any, transportation improvements should be implemented between the Roundabout and Main Street. Previous Council Action and Backl!round: In November 1996 City Council placed a ballot question before Aspen voters that asked, "Shall the City Council be authorized to use or convey to the State of Colorado, Department of Transportation, necessary rights of way across City owned property, including the Marolt Property, acquired for open space purposes, and the Thomas Property, acquired for transportation purposes, for a two lane parkway and a corridor for a light rail transit system to be constructed when the financing is available?" That ballot question passed with the approval of 59% of City voters, and was followed by completion of the Final Environmental Impact Statement in 1997 and the Record of Decision with the following Preferred Alternative in 1998: A combination of highway and intersection improvements, a transit system, and an incremental transportation management (TM) program. The highway component will consist of a two-lane parkway that generally follows the existing alignment, except at the Maroon Creek crossing across the Marolt-Thomas Property. The highway alignment at Maroon Creek will be north of the existing crossing with the light rail transit (LR T) alignment on the existing bridge. The Modified Direct Aliinment is across the Marolt- Thomas Property. A connection to Main Street occurs at 7 Street. The transit component includes an LRT system that, iflocal support and/or funding are not available, will be developed initially as exclusive bus lanes. In August 2002 City Council followed through with conveyance ofthe Right-of-Way easement to CDOT for the City open space along the Entrance to Aspen corridor "to construct, operate and maintain a two lane parkway and a corridor for a light rail transit system (to be constructed when the financing is available), but for no other purpose or purposes." The easement was consistent with the 1996 City vote and the 1998 Record of Decision. The Record of Decision and Memorandum of Understanding with CDOT anticipated the need for CDOT to acquire a permanent easement on a total of 8.6 acres of City open space in order to construct the Entrance to Aspen: 2 Parcel Zoline Aspen Golf Course/ Plum Tree Field Maroon Creek Basin Marolt-Thomas Castle Creek Basin Easement 1. 5 acres Returned Acreage Net Total 1.2 acres 0.5 acres 4.6 acres 0.8 acres 2.5 acres 2.1 acres TOTAL 8.6 acres 2.5 acres 6.1 acres 2.5 acres would be restored to the Marolt-Thomas property (consisting of the existing aligrunent from Cemetery Lane to the Roundabout and the top of the cut and cover tunnel). The net acreage to be replaced was estimated to be 6.1 acres (MOD, p.9). In exchange for those 6.1 acres (along with the 1.5 acres of Moore open space that CDOT acquired from Pitkin County in 1999 for the Roundabout), CDOT agreed to convey 31 acres of Mills Ranch property at the intersection ofSH82 and Brush Creek Road. Page 3 of the MOD states that, "CDOT shall convey the replacement property from Mills Ranch as public open space by quitclaim deed to the City and County, each to hold an undivided interest in the property. . . . The parties acknowledge that the value of the replacement property is equal to or greater than the value of the property taken." In exchange for the undivided interest with the County in the Mills Ranch property, "the City agrees to provide permanent and temporary easements, as described herein, at no cost to CDOT for completion of the transportation improvements." In addition to the easement across the Marolt-Thomas property and in the Castle Creek Basin, approximately 1.2 acres are in a long strip along the south side of the Aspen Golf Course and the former Plum Tree Field (now tennis courts). Another 0.5 acre is in the Maroon Creek Basin immediately below the new Maroon Creek Bridge. The remaining 1.5 acres are part of the Zoline Open Space, most of which is under lease to the Maroon Creek Club. In 2004 City Council, acting through the Elected Officials Transportation Committee, approved $1.5m in funding to complete the design and construction drawings for a new Maroon Creek Bridge. City and County staff worked closely with CDOT on the selection ofa consultant team to do the design work. However, before the consultant team could begin work, the Federal Highway Administration (FHW A) indicated its intention to require a Reevaluation of the EIS before federal approval to proceed with design and construction of a new bridge as described in the 1998 Record of Decision could be granted. Discussions with federal and state officials during the summer of 2004 led to the decision to proceed with the replacement of the existing bridge with a new bridge that would operate only as a replacement two-lane facility until a Reevaluation could be completed sometime in the future. A two-lane replacement bridge was designed and is now under construction, with completion scheduled for spring 2008. The new structure will be 73 feet in width and will include a concrete median and wide shoulders that could be removed to enable the construction of "any other reasonably foreseeable transportation improvements" that may come out of the Reevaluation process. During the bridge design process, plans for a two-lane 3 bridge with two bus lanes were also completed, with the understanding that the bus lanes could not be built unless they were reconfirmed as the preferred transit component in a future Reevaluation. The City Attorney determined at that time that a two-lane replacement bridge could proceed without another City election because the Right-of-Way easement was conveyed for a two- lane parkway and corridor for a light rail transit system (to be constructed when the financing is available). The two-lane bridge component would be built in full compliance with the 1996 City Right of Way vote and with the existing Record of Decision. The light rail corridor would remain in place along the south side of the alignment and over the existing historic Maroon Creek Bridge. Construction of any additional transportation facilities (e.g., bus lanes) would trigger the requirement for another City election to approve the new use for the ROW, once the Reevaluation process determined what the additional transportation improvements should be. In February 2006 City Council and the EOTC approved $200,000 from the 'l'2 cent transportation fund to proceed with a Reevaluation of the 1997 Entrance to Aspen FEIS and 1998 Record of Decision. CDOT contracted with the engineering firm HDR, Inc. to do the technical review work. Discussion: The Reevaluation was completed between May and November 2006. On November 16 representatives ofCDOT and the consulting firm HDR, Inc. released the major findings and results of the Reevaluation. They found that there have been no significant changes in the project, the affected environment, or relevant regulations. Therefore the existing Preferred Alternative remains valid and has been found to continue to meet the project objectives. No further environmental analyses are necessary if the community decides to advance the Preferred Alternative. Construction of the new Maroon Creek Bridge continues, with completion scheduled for spring 2008. However, the Reevaluation's conclusion upholding the Preferred Alternative creates an opportunity to construct the new bridge with two general traffic lanes and two bus lanes, and then to open the bus lanes from Buttermilk to the Roundabout in late 2008 or early 2009 if City voters approve a change in the use of the open space to allow bus lane construction and operation. The open space directly involved with or adjacent to the new bridge consists of a portion of the easement across the former Zoline property, the land in the Maroon Creek Basin immediately beneath the new bridge, and a long thin strip of Aspen Golf Course/Plum Tree Playing Field. As previously mentioned, this property has already been conveyed to CDOT for the express purpose of building two general traffic lanes and a corridor for light rail. The property has already been impacted: Trails have been relocated to the extent that they need to be, bridge 4 piers are located in the Maroon Creek basin easement, the 10'h Hole tee boxes have been relocated, six clay tennis courts have replaced the former Plum Tree playing field and are located outside of the ROW. What is in question at this point is the allowable use of the easement. A draft ballot question that would allow the use of the easement for two lanes plus bus lanes could be as follows: Shall the City Council be authorized to amend the Right-of-Way Easement that was conveyed in 2002 by the City to the State of Colorado, Department of Transportation, for additional uses on the rights of way across City owned property along State Highway 82 between Buttermilk and the Maroon Creek Roundabout to allow construction, operation and maintenance of a two lane parkway and two exclusive bus lanes, in addition to the already-permitted use for a two lane parkway and a corridor for a light rail transit system? Why This Portion afthe Easement? There are three reasons why construction of the Preferred Alternative with bus lanes between Buttermilk and the Roundabout in the near term is highly recommended: I. Transit Service Operations: The new bus lane on Main Street is extremely helpful and valuable in improving the speed by which RFT A buses depart town. The time savings attributed to the bus lane on Main Street is anywhere from five to eighteen minutes per outbound bus trip during afternoon peak hours. While the Main Street outbound bus lane is saving transit passengers a considerable amount of time, congestion from the Roundabout to Buttermilk has been eroding some of the savings. The afternoon commuter buses are regularly experiencing delays (Roundabout- AABC) of as much as 12-17 minutes. RFTA is finding it difficult for the afternoon Aspen to Glenwood buses to make it down to Glenwood Springs during peak periods in time for their upvalley runs and, therefore, RFT A has had to build in backup buses and drivers, which cost approximately $100,000 per year to provide. RFT A also encounters some significant traffic snarls in the inbound direction as well, so having inbound bus lanes would save additional time. For example, it often takes buses in excess of twenty minutes throughout the day to get from the AABC to 8th Street. Dedicated bus lanes from Buttermilk to the Roundabout could save buses about 15 minutes during the peak morning commute and at least 10 minutes during the afternoon commute. Combine this with the time savings of the bus lane on Main Street, and the time saving impact could be substantial. With the additional 1.2 miles of bus lanes in place between the Roundabout and Buttermilk, cost savings are anticipated to be realized from the reduction in 5 round-trip time from the Brush Creek Park & ride facility to Rubey Park. The faster that buses can make the round trip during peak hours between Brush Creek and Rubey Park, the fewer buses, drivers, and costs required to move people back and forth from the park & ride to town. Travel time savings translates into operational cost savings in terms ofreduced drivers' shifts and reduced fuel, which would in turn be translated into reduced overhead costs that are passed in part onto the City of Aspen and the Ski Company in our service contracts. While the exact amount of cost savings is difficult to quantify at this time, the savings would be most relevant for Aspen to Snowmass buses, Buttermilk and Snowmass skier shuttles and the new West Side route to Burlingame and the AABC, based on RFT A being able to avoid using additional pieces of equipment and drivers during peak congestion hours. The new bus lanes would ensure that the new West Side route can provide service and stay on schedule all the way to the AABC and the airport, rather than spending many hours every day tied up in mixed traffic. In addition, with the associated improved service time reliability and trip time savings, the exclusive bus lanes would provide a major incentive for people to select transit for their trips. When stuck in traffic, seeing buses in the next lane moving smoothly would serve to market transit to auto drivers and to further help transit to compete with the private automobile in terms of reliability and travel time. RFTA wholeheartedly supports the City moving forward with implementing bus lanes between Buttermilk and the Roundabout. (See attached RFT A memorandum for more information.) 2. Cost and Funding Feasibility: The Reevaluation updated the total cost in 2005 dollars to complete the design, construction and remaining right-of-way acquisition for the Preferred Alternative with exclusive bus lanes from 7'h and Main to Buttermilk as approximately $77.7 million. However, funds for the Maroon Creek Roundabout ($6.3m), the new Maroon Creek Bridge ($17.9m), and realigned Owl Creek Road ($7.6m) have already been spent or allocated, leaving the total remaining cost of about $45. 9m for the entire corridor. The cost to complete the two general traffic lanes and two bus lanes between Buttermilk and the Roundabout is estimated to be $7.9 million. Among the assumptions that went into development of that cost estimate is that, wherever possible, construction of the bus lanes should preserve the LR T platform on the south side of the easement to allow the bus lanes to continue in operation throughout construction of the LRT system at some point in the future. In addition: 6 · Complete preliminary plans with a quantity breakdown do not yet exist for this project, so estimates were made based on quantities for previous projects including SH 82 ABC-Buttermilk, SH 82/Truscott intersection, and the Maroon Creek Bridge. · The bus lanes will also serve as right turn lanes for side roads and accesses. The bus lane widening is essentially completed from station 874 to 894 (Buttermilk to Tiehack Road), both directions. · The previously proposed pedestrian under-crossing (CBC) at the Country Inn was not included in the cost estimates per EOTC direction and concern about the $1.5 million cost. Country Inn residents are being served by free taxi service to avoid the need to cross SH82 at that unsignalized location. . There may be some overlap between cost items in this estimate and items such as roadway approaches, median, striping, etc. that may be included in the current Maroon Creek bridge construction contract. . · Costs are based on current (2007) unit price assumptions, so there is greater accuracy in this estimate than with the 2005 unit prices used in the Reevaluation. · The contingency was increased to 25% to cover the cost uncertainty based on local labor, material and traffic control shortages, which have been observed on the Maroon Creek Bridge replacement project. While there are currently no federal, state or local funds identified that would be sufficient to cover the $45.9 for the entire project, in November 2000,64% of Pitkin County voters approved the following ballot question: SHALL PITKIN COUNTY DEBT BE INCREASED BY AN AMOUNT NOT TO EXCEED $10.2 MILLION WITH A MAXIMUM REPAYMENT COST OF $14 MILLION (BUT WITH NO INCREASE IN THE COUNTY'S EXISTING TAXES) FOR THE PURPOSE OF SUPPLEMENTING EXISTING DEBT AUTHORIZATION OF $8.1 MILLION AND OTHER LOCAL, STATE AND FEDERAL FUNDING TO ACCOMPLISH THE FOLLOWING TRANSIT PROJECTS: PROVIDE LOCAL FUNDS TO PARTICIPATE WITH CDOT IN THE COMPLETION OF THE IMPROVEMENTS TO HIGHWAY 82 FROM BUTTERMILK TO 7TH AND MAIN, INCLUDING A CUT AND COVER TUNNEL, NEW BRIDGES OVER MAROON CREEK AND CASTLE CREEK, AND REALIGNING THE HIGHWAY TO CONNECT DIRECTLY WITH THE 7TH AND MAIN STREET INTERSECTION, $7 MILLION FOR SNOWMASS VILLAGE TRANSPORTATION IMPROVEMENTS, 7 $1.5 MILLION FOR SAFETY IMPROVEMENTS TO PITKIN COUNTY BUS STOPS, AND $7.5 MILLION FOR BUSES, MAINTENANCE FACILITY IMPROVEMENTS, AND AFFORDABLE HOUSING FOR THE ROARING FORK TRANSIT AGENCY OR SUCCESSOR REGIONAL TRANSPORTATION AUTHORITY County voter approval of that ballot question authorizes the use of the current cumulative surplus of about $12 million in the Y, cent county-wide transportation tax (EOTC) fund (plus some capacity for debt service of up to about $10 million) to go towards completion of the Entrance to Aspen, with concurrence of a majority ofthe elected officials from each of the three EOTC jurisdictions. Available Y, cent funds would be sufficient (without the need for bond proceeds) to complete the $7.9 million Buttermilk to Roundabout segment, but would fall well short of funding the entire $45.9 million necessary to complete the project all the way to Main Street. 3. Community Acceptability: One of the project objectives for the Entrance to Aspen is to "develop an alternative which fits the character of the community and is aesthetically acceptable to the public." The various conflicting outcomes of the 26 votes over the past 37 years, including "NO" votes in 1999, 2001 and 2002 are indicative ofthe contentiousness about crossing the Marolt-Thomas property with a transportation project. Early indications from the public process that has been underway since the release of the Reevaluation findings in November of last year are that community sentiment about the use of Marolt- Thomas remains volatile. There continue to be major stakeholder disagreements about mode, alignment and profile options across the Marolt/Thomas property entering Aspen. However, the only alignment under consideration between Buttermilk and the Roundabout is the existing highway alignment. The controversy in this segment over the years has focused mainly on laneage altematjves and transit mode preferences. Implementation of the bus lanes now would not preclude construction of a different transit mode at some point in the future. It appears unlikely that broad community support among Aspen voters will emerge over the next few months-in time to take advantage of the window of opportunity to move forward with bus lanes on the new Maroon Creek Bridge and the adjacent 1.2 mile segment of congested roadway between Buttermilk and the Roundabout. Furthermore, as discussed above, funding sources for the additional $38 million necessary to complete the project across the modified direct alignment on the Marolt-Thomas property and across Castle Creek are not readily available at this time. Unless City Council is prepared to act expeditiously and to move forward with new funding sources promptly to construct the Roundabout to Main Street segment of the project, staff recommends proceeding with a vote only 8 on the portion of the project that is feasible and where the impacts have already occurred and been mitigated. Why Now? Ongoing construction of the new bridge with completion scheduled for next spring brings an opportunity for significant cost avoidance and expedited opening of the facility. The cost to construct and then demolish the concrete median on the new bridge, along with new bridge asphalt and restriping is estimated to be $500,000. There will be additional construction/demolition time involved and traffic control delays associated with the demolition, resurfacing and restriping of the bridge after the median is removed. However, if the City is interested in avoiding these costs and inconveniences and in having the bridge open in its busway configuration, CDOT needs to be notified in a timely manner. Notification delay beyond this spring means that construction will need to proceed with the concrete median included. In the meantime, transit service will continue as is in mixed traffic for the foreseeable future without a significant breakthrough in reliability and passenger convenience. Reevaluation of the project cost information from 1996 to 2005 dollars shows a nearly three-fold increase in highway construction costs over the past ten years. Such double-digit annual inflation in roadway construction costs will continue to significantly increase the necessary amount of funding if construction is delayed. Financial ImDlications: The financial implications involved with proceeding with the Buttermilk to Roundabout section of the Preferred Alternative include the opportunity to avoid $500,000 in bridge construction and retrofitting costs if CDOT receives Aspen voter approval and direction to proceed with bus lanes on the new bridge. Total design and construction cost in 2007 dollars for the Buttermilk to Roundabout segment is estimated to be $7. 9m for the project to be completed without conflicting with a future south side rail platform. Funding for this project is available in the Yz cent transit tax fund controlled by the Elected Officials Transportation Committee. In addition to the difficult to quantifY, but very significant benefits of improved bus service reliability and reduced travel time, RFT A would be able to avoid at least $100,000 a year in regional backup service costs. Additional savings would be realized on Snowmass and Buttermilk Skier Shuttle service costs. The new West Side service to Burlingame and the AABC that debuts this spring would be able to 9 reliably operate all the way to the AABC and the airport rather than potentially needing to be abbreviated during hours of peak congestion. Recommendation: Staff recommends going to the Aspen voters this May with a ballot question that would enable the construction of the preferred alternative with bus lanes between Buttermilk and the Roundabout. The voters' approval of use ofthe open space for bus lanes would clear the way for the new Maroon Creek Bridge to be completed with bus lanes on it instead of with two lanes, a concrete median and wide shoulders. Buttermilk to Roundabout bus lanes could then open in late 2008 or early 2009. Staff further recommends discussing this project with the other members of the EOTC at its February meeting. With EOTC concurrence, funding is available to proceed with this section of the project that has not been the subject of acrimonious community debate. Ifthere is community will to proceed with this 1.2 mile segment of heavily-congested roadway that would tie into the HOV lanes from Buttermilk downva1ley, this portion of the project can proceed in the near term. Crossing the Marolt-Thomas property remains the bitterly controversial part of this project, and there is no readily identifiable funding available at the local, state or federal level to accomplish that section and a new Castle Creek Bridge any time soon. Staff recommends that the following ballot question be placed on the May 2007 municipal ballot in order to open the new Maroon Creek Bridge and its approaches with bus lanes. In so doing, about $500,000 in bridge construction and retrofit expenses will be avoided, and transit passengers will begin to realize 10-15 minutes of reduced travel time in both directions during peak hours of congestion: Shall the City Council be authorized to amend the Right-of-Way Easement that was conveyed in 2002 by the City to the State of Colorado, Department of Transportation, for additional uses on the rights of way across City owned property along State Highway 82 between Buttermilk and the Maroon Creek Roundabout to allow construction, operation and maintenance of a two lane parkway and two exclusive bus lanes, in addition to the already-permitted use for a two lane parkway and a corridor for a light rail transit system. 10 RO ING FORK TRANSPORTATION AUTHORITY Connecting our region with transit and trails MEMORANDUM DATE: March 7, 2007 TO: Randy Ready, Assistant City Manager, City of Aspen FROM: Dan Blankenship, CEO SUBJECT: Transit Savings and Efficiencies Associated with Maroon Creek Roundabout to Buttermilk Ski Area Dedicated Bus Lanes Owing to a number competing priorities, RFTA has been unable to develop a detailed comprehensive analysis of the potential cost and time savings associated with the implementation of dedicated bus lanes from the Maroon Creek Roundabout to the Buttermilk Ski Area. Even without this analysis, though, it safely can be said that the benefits in terms of transit cost and time savings would be substantial, not to mention the improved convenience and reliability for passengers. Generally, some of the benefits and cost/time savings are as follows: 1. Reaional ASDen - Glenwood SDrinas Bus Service: Because outbound Aspen to Glenwood Springs buses can be held up by congestion between the Roundabout and Buttermilk during the afternoon peak hours, by as much as 10 - 20+ minutes, RFT A must add a five-hour shift, Monday - Friday, that is used to enable buses to get back on schedule on their return trips up from Glenwood Springs. This requires an additional driver and a bus. The fully allocated operating cost of this backup, could approach an estimated $100,000 per year. Regional buses operating between down valley communities and Aspen generally have 30 minutes of recovery time built into their schedules in Aspen in order to allow for congestion entering Aspen. Non-productive recovery time is costly. If conditions exiting Aspen continue to deteriorate, the same amount of recovery time may be required on the Glenwood Springs end of the service throughout major portions of the day, which could easily add several hundred thousand dollars of additional cost to RFTA's operation. 2. ASDen Skiina ComDanv (ASCI Snowmass Skier Shuttles: During the winter season, RFT A and ASC normally allocate 12 buses to provide skier shuttle service between Aspen and Snowmass Village Mall. Ideally, the service maintains 5-minute headways, and each bus is allotted approximately 1 hour to complete a round-trip. However, due to peak a.m. and p.m. congestion, in both the inbound and outbound directions, RFTA's ability to maintain these headways is frequently degraded leaving us with only two options: 1) add more buses to the service so that 5-minute headways can be maintained; or 2) operate with the same number of buses and inconvenience the passengers. The first option involves additional vehicles, drivers and, ultimately, higher costs. The fully allocated cost of skier shuttle service in 2007 is in excess of $80 per hour. Depending upon the number of additional buses added and the length of time utilized, the cost of skier shuttle service can begin to add up very rapidly. The second option results in impacts that are less easy to quantify but, certainly, they degrade the quality of the visitor's experience. Not only can the one-way travel time from Snowmass Village to Aspen be increased from 30 to 45 - 60 minutes, the length of time that visitors must stand in line waiting for a bus at the Snowmass Village Mall increases as well. This kind of frustrating inconvenience does not reflect favorably on the image of high-end resorts such as Aspen and Snowmass Village, and it may be playing a role in the overall decline in skier visits and skier shuttle ridership when compared with the peak in about 1997. Similar problems are encountered with the Buttermilk skier shuttle buses; however, they are not as pronounced because the distances involved are not as great. 3. Brush Creek Park & Ride Shuttle Service: In the future, the Brush Creek Road park & ride facility may be useful in intercepting commuters. A convenient, free, shuttle service operating on 5-minute headways would have the capacity to move approximately 480 passengers one-way per hour. At 1.5 passengers per car, this could reduce peak hour, peak direction, traffic volumes by over 300 cars. If the shuttles can make a round-trip between Brush Creek Road and Rubey Park in 30 minutes, 6 vehicles would be needed. If the round-trip takes 35 minutes, 7 vehicles would be required and if it takes 40 minutes, 8 vehicles would be required. Assuming two 4-hour shifts per day (morning and afternoon), per vehicle, the extra cost for each vehicle required to maintain 5-minute headways, would be approximately $680 per day. For each additional bus needed Monday - Friday, year round, to maintain 5-minute headways, the additional operating cost would be approximately $180,000 per year, not including the capital cost of the bus. Conclusion: In closing, when buses in mixed-traffic are slowed down by automobile congestion, it adds to the cost of operations because more drivers, mechanics and vehicles are required in order to maintain the reliability of published schedules. Vehicles are expensive and drivers and mechanics are difficult to recruit. In order to recruit an adequate number of drivers and mechanics, RFTA needs affordable seasonal and year-round housing near its facilities, so that it can recruit from outside of the area. An inadequate supply of employees and rapidly escalating operating and capital costs jeopardize RFT A's ability not only to sustain current services, but to expand and improve services to meet future demand. Allowing buses to be stuck in auto congestion exacerbates an already serious recruitment challenge. Capital replacement is also a major challenge for RFTA. Each bus costs approximately $350,000 so, of necessity, the fewer buses required the better. Additionally, inconvenient and unreliable transit services don't have the potential to attract as many riders of choice as convenient and reliable transit services do. Entrance to Aspen (ETA) automobile congestion is not just a local issue because buses departing late from Aspen also inconvenience numerous passengers waiting for them at down valley bus stops. It is not enough for transit services to be as reliable and convenient as the automobile; because automobile travel within the ETA corridor is already very unreliable and inconvenient during peak hours. No, to attract the highest possible number of passengers, transit must be even more reliable and convenient than the automobile... and this goal is achievable with dedicated Maroon Creek Roundabout to Buttermilk Ski Area bus lanes! 2