HomeMy WebLinkAboutagenda.apz.20080506AGENDA
ASPEN PLANNING AND ZONING COMMISSION
REGULAR MEETING
TUESDAY, May 6, 2008
4:30 p.m. -Public Hearing
SISTER CITIES, CITY HALL
I. ROLL CALL
II. COMMENTS
A. Commissioners
B. Planning Staff
Tentative Lift 1 Update
C. Public
III. MINUTES
IV. DECLARATION OF CONFLICT OF INTEREST
V. PUBLIC HEARINGS:
A. 1450 Crystal Lake Road (Aspen Club), Conceptual SPA, PH
(continued from 4/1), Resolution No.:
VI. OTHER BUSINESS
VII. BOARD REPORTS
VIII. ADJOURN
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Jessica Garrow, Long Range Planne~~
THRU: Jennifer Phelan, Community Development Deputy Director
RE: 1450 Crystal Lake Road -Conceptual SPA, Conceptual PUD,
Conceptual Timeshare, and Conceptual Commercial Design Review
Resolution No. 9, Series of 2008
MEETING DATE: May 6, 2008 (cont. from February 5, 2008, February 19, 2008, March 4,
2008, Mazch 18, 2008, and April 1, 2008)
APPLICANT /OWNER:
Aspen Club and Spa, LLC
REPRESENTATIVE:
Sunny Vann, Vann Associates, LLC
LOCATION:
1450 Crystal Lake Road -Lot 15 of the
Callahan Subdivision
CURRENT ZONING:
RR/PUD, Rural Residential zone district with a
Planned Unit Development (PUD) Overlay
SUMMARY:
The Applicant requests conceptual PUD,
conceptual SPA, conceptual Timeshare, and
conceptual Commercial Design Standard
Review in order to develop 20 timeshare units,
12 affordable housing units, and 133 pazking
spaces on Lots 15 and 14A (the existing 35
spaces on Lot 14A will not change as part of
this application) of the Callahan Subdivision.
STAFF RECOMMENDATION:
Staff recommends that the Planning and Zoning
Commission approve the conceptual requests.
STAFF NOTE: The Application has been
previously provided to the Commission.
Please bring this with you to the meeting.
NOTE TO PLANNING AND ZONING COMMISSION: This memo addresses changes the
applicant has made to the site plan and massing since the April 1, 2008 heazing. The Staff
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Findings for all reviews in front of the Planning and Zoning Commission are attached as Exhibits
A-D. If you would like a copy of a previous packet please contact Jessica Garrow.
REQUEST OF THE PLANNING AND ZONING COMMISSION: The Planning and Zoning
Commission is asked to grant Conceptual review of an SPA, PUD, Commercial Design
Standazds, and Timeshare. The se requests are the first step in a four step review process.
PROJECT SUMMARY:
The Applicant has amended the application since the April 1, 2008 public hearing. The original
application proposed adding nineteen (19) new timeshare units to Lot 15 of the Callahan
Subdivision/PUD. The revised application proposes adding twenty (20) new timeshaze units to Lot
15. This additional unit is proposed in conjunction with significant changes to the site plan, which
are explained below.
All other proposed dimensional requirements and use configurations remain the same. The
Applicant continues to propose twelve (12) affordable housing units that aze not attached to the
existing Club building, and a total of 133 pazking spaces. The only dimensional requirement the
Applicant requests to vary is the east side yazd and front yard setbacks to accommodate the
affordable housing units. The amended application only changes the FAR calculation and the
pazking requirement, which are outlined in the table below. The changed FAR dimensional
requirements aze underlined and bolded, and the previous dimensional requirements aze done with
~~
Underlying Zone
RR Dimensional proposed Dimensional Requirements District
Requirement Dimensional
Re uirements
Minimum Lot Size 4.941 acres, or 215,232 s . ft. 2.0 acres
Minimum Lot Area N/A Multi-Family: N/A
er dwellin unit Lod e: N/A
Minimum Lot Width 370 Feet 200 Feet
Minimum Front Yazd 7 5 Feet for Affordable Housing Units 30 Feet
Setback
3 Feet on east side for Affordable Housing
Minimum Side Yazd Units; 20 Feet
Setback 20 Feet on west side.
Minimum Rear Yazd 100 Feet 20 Feet
Setback
Maximum Height 28 Feet 28 Feet
Minimum % Open N/A N/A
S ace
' "' can °^ " '^'°' 100,860sa. ft.: Single-family: Same
Multi-family (affordable housing units): as R-1 S zone district
Allowable Floor Area 12,330 sq. ft. Multi-family: N/A
Lodge: 3~360~. 53,900 sa. ft. Lodge: N/A
Commercial (Club): 34,630 s . ft. Commercial: N/A
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Lodge:.5 spaces per
key ~'
s aces
133 spaces total: Club and Spa: 1
Minimum Off-Street Lodge: ~1-9-spaces 20 spaces
Pazking Aspen Club and Spa: uses-96 spaces space per 1000 sq.
AH units: 17 spaces ft. of net leasable
(43 spaces)
AH units: 1 space
per unit (12 spaces)
QUESTIONS RAISED BY THE PLANNING AND ZONING COMMISSION: At the April
1, 2008 Planning and Zoning Commission meeting, the Commission raised a number of concerns
related to the mass and scale of the Aspen Club Living proposal. These included a concern that
the mass on the lower bench was too great, and that new timeshare units should not be added to
the existing Club building. The Commission also requested information related to the public
benefit an SPA designation would create. The Applicant has revised the site plan and massing to
respond to the concerns raised by staff and the Commission, and has provided information
related to the public benefits that will be created by this project.
1. MASS AND SCALE: The Applicant has amended the site plan, attached as Exhibit F, in an
effort to decrease the mass along the lower bench. The overall Floor Area for the
development has decreased from 103,520 sq. ft. to 100,860 sq. ft. This reduction was
created through changes to some of the decks, and by reducing the size of the units on the
upper and lower benches -the 3-bedroom units have been reduced in size by 8% and the
4-bedroom units have been reduced in size by 10%.
The Applicant has removed one of the units located on the lower bench, and moved it to
the upper bench. Removing this unit has created a lazger opening on the lower bench.
Staff believes that this lazger opening has greatly aided in decreasing the mass on the
lower bench, and creates a clear space that can relate to the riparian azea below. The
opening could also provide flexibility in the programming available at the club -the
space is lazge enough to use for outdoor activities, but intimate enough to be used for
reflection. While not articulated on the site plan at this point, the landscaping throughout
the site can be developed to bring the riparian area into the site through this opening.
This is a design feature that can be addressed in the Final PUD Application.
The Applicant has also added an additiona120`s timeshaze unit to the upper bench. This
additional unit was created using the floor area that was eliminated from the 8-10%
reduction in the townhome units.
Staff believes that this mass is more appropriate for the upper bench area, as that is where
more development is concentrated. Staff did prefer the two-unit configuration in the
previous proposal, but does not believe that the added units create too much mass or
density on this portion of the site.
2. UNITS LOCATED IN THE CLUB BUILDING: A few members of the Planning and Zoning
Commission have raised concerns related to the units proposed in the Club Building.
These concerns were raised, among other things, because of a concern that locating
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timeshaze units in the Club would impact the operational chazacteristics of the Club. The
Applicant has stated that the Club's operation will not be disrupted due to these units.
Staff believes placing the proposed six (6) units in the existing Club building is an
effective way of reducing the overall mass on the site, and creates greater opportunities
for energy efficiency. Further, placing these units in the Club building provides the
Applicant an opportunity to make minor exterior changes to the western facade of the
Club, which is currently a large blank wall with little fenestration. The units aze
proposed to be located in the western portion of the Club, which currently houses
Administrative offices. The offices are currently tucked away from the main entrance to
the Club and the major activity azeas. The Applicant has stated that the Club units aze
envisioned to operate in a similaz manner. That is, that they will be tucked away from the
main activity centers in the Club, and that they would not disrupt the day-to-day activities
at the Club.
3. NUMBER of PROPOSED TIMESHARE UNITS: As stated above, the Applicant has added a
20~' timeshare unit to the townhouse units on the upper bench. The unit has been added
using the floor azea that was removed from the townhome timeshare antis.
4. QUESTIONS RELATED TO SPA DESIGNATION: The Planriirig and ZOriing COn1n11SS10n
and members of the public asked for clazification regazding requirements for a Specially
Planned Area (SPA) designation. An SPA is a process in which a site specific
development plan is created which encourages flexibility and innovation in the
development of land and promotes objectives outlined in the Aspen Area Community
Plan by allowing the vaziation of the underlying zone district's land uses and dimensional
requirements for the benefit of the public. Before using the Review Standazds attached in
Exhibit A, the Planning and Zoning Commission must make a determination that the SPA
designation is appropriate for the site. This general standazd for designation is outlined at
the top of Exhibit A and in section 26.440.030(A) of the Land Use Code. Specifically,
the Planning and Zoning Commission and City Council must determine that there is a
public benefit created by the SPA designation on the site. That is, the City Council, after
heazing a recommendation from the Planning and Zoning Commission, must determine
that because of the site's "unique historic, natural, physical or locational chazacteristics, it
would be of ereat public benefit to the City for that land to be allowed design flexibility
and to be planned and developed comprehensively as amultiple use development". The
Review Standazds, as outlined in Exhibit A, aze used to review the proposed SPA plan
after the initial threshold question of if an SPA designation is appropriate is met.
In this case, the SPA designation is being requested to permit two (2) uses that are not
permitted in the Rural Residential (RR) zone district: Affordable Housing and Timeshare
Lodge. The Aspen Club parcel is part of the Callahan subdivision and was zoned RR in
~ Section 26.440.030(A) states, "Any land in the City may be designated Specially Planned Area (SPA) by the City
Council if, because of its unique historic, natural, physical or locational characteristics, it would be of great public
benefit to the City for that land to be allowed design flexibility and to be planned and developed comprehensively as
amultiple use development. A pazcel of land designated Specially Planned Area (SPA) shall also be designated on
the City's Official Zone District Map with the underlying zone district designation which is determined the most
appropriate. The underlying zone district designation shall be used as a guide, but not an absolute limitation, to the
uses and development which may be considered during the development review process."
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the 1970s when the Callahan Subdivision was created. The pazcel was zoned RR because
it is the only zone district that permits a Recreational Club use.
Staff believes that an SPA designation is appropriate. The SPA designation allows
flexibility when "traditional zoning techniques do not adequately address its historic
significance, natural features, unique physical chazacter, or location, and where potential
exists for community benefit from comprehensive development."~ Further the SPA
designation allows "the development of mixed land uses through the encouragement of
innovative design practices."
Staff believes this is a pazcel with a number of unique natural and physical features,
including proximity to the Roaring Fork River, an existing recreation facility that serves a
broad spectrum of the community, and an existing trail that can be enhanced with the
right kind of development. The Rural Residential zone district is fairly limited in the
kinds of uses permitted, and therefore Staff believes that an SPA designation to
encourage an innovative design and development that creates a community benefit is
appropriate.
It is the Planning and Zoning Commission's role to determine if the SPA designation for
this development is appropriate, and whether the SPA designation based on the site's
historic significant, natural features, unique physical chazacter, or location would create a
significant public benefit. Staff believes that the SPA designation is appropriate in order
to allow Affordable Housing and Timeshare Lodge uses to the pazcel.
The Applicant has submitted additional materials, attached as Exhibit G, to further
explain the public benefits associated with the SPA request. Staff believes these
materials adequately address the issue of a public benefit. Specifically, the Affordable
Housing units will enable the Club to house some of its workers in town, reducing some
of the traffic that enters Aspen on a daily basis. Further, the timeshare units provide an
income stream for the Club to provide more community-wide programming, and to
update aging facilities.
STAFF COMMENTS:
SPECIALLY PLANNED AREA -CONCEPTUAL DEVELOPMENT PLAN:
A Specially Planned Area (SPA) is a process in which a site specific development plan is created
which encourages flexibility and innovation in the development of land and promotes objectives
outlined in the Aspen Area Community Plan by allowing the variation of the underlying zone
district's land uses and dimensional requirements for the benefit of the public. The parcel does
not currently have an SPA overlay. An overlay is proposed to allow for the affordable housing
and timeshaze uses on the property.
While the site is quite large, there aze significant slopes, a required Stream Margin buffer, and a
sewer easement that creates site constraints. These constraints, however, offer unique
development possibilities. For instance, the proximity to the river enables new development to
better interact with the riparian azea than the existing tennis courts have. The conceptual
development plan should consider whether the proposal is compatible with surrounding land
z See section 26.440.010, Specially Planned Area Purpose.
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uses, density, height, bulk, azchitecture, landscaping and open space. Strong attention to the
relationship between the new development and the ripazian azea should be considered.
There aze no protected view planes in the vicinity, but Staff believes it is important to retain the
perception of the riparian con•idor from the center of the site. The Applicant has made changes
to the azchitecture and site plan to address concerns raised by the Commission and Staff. Staff
believes that the decrease in mass on the lower bench, goes a long way to helping establish a
connection between the site and the riparian azea. Further, the unit configuration on the upper
bench enables passive landscaping or other programming to bring the ripazian azea through the
site.
Staff believes that the proposed site plan changes move the project in the right direction. The
overall mass is more appropriate for the site, and works to create a relationship between the
riparian azea and the rest of the site.
PLANNED UNIT DEVELOPMENT -CONCEPTUAL DEVELOPMENT PLAN:
The Callahan Subdivision already includes a PUD Overlay, so this application would amend the
PUD to establish dimensional requirements for the Aspen Club pazcel (Lot 15). The only
dimensional requirement that is being vazied from the underlying zoning is the east side yazd and
the front yazd setback to accommodate the affordable housing units. Staff believes these
dimensional vaziations aze appropriate to the setting given the slope changes between this area
and the adjacent pazcel and Ute Avenue. No hazazds are believed to exist on the pazcel, but Staff
requests an Avalanche study as part of the final review to ensure the affordable housing units aze
protected from avalanche danger. This has been included as a condition in the Resolution.
Staff is supportive of the programs the Applicant is attempting to bring to the Club and to Aspen.
The program will create a unique addition to the Aspen Community. The programming will
provide opportunities for locals to participate, in addition to the timeshaze users. Staff and the
Commission have raised concerns regazding the overall mass of the project and the site plan.
The Applicant has worked to address these concerns, and Staff believes the proposal attached as
Exhibit F does a good job in moving the project in the right direction. Further, Staff and the
Commission have expressed concerns related to the transportation commitments made by the
Applicant. Staff believes the proposal discussed at the April 1, 2008 public heazing will address
these concerns. A detailed Transportation Plan will be required as part of the final application.
TIMESHARE DEVELOPMENT -CONCEPTUAL DEVELOPMENT PLAN:
The Applicant proposes a timeshaze use program for the twenty (20) lodge units. These units are
divided between six (6) "flat" units and fourteen (14) "townhouse" units.
The Applicant proposes 320 sepazate timeshare interests. There are twenty (20) timeshaze units,
and the Applicant proposes each owner have a 1/16a' deeded interest in a specific unit for two (2)
fixed weeks. The timeshaze plan includes nineteen (19) "Mid-season weeks" that will used as
the plan's "float time." These weeks, and any unused portion of the fixed weeks, will be made
available to the public for nightly rentals. The owners of the unit would be able to reserve no
more than seven (7) days of the "float time" at any one time. Each timeshaze owner is prohibited
from occupying a unit for more than thirty (30) consecutive calendaz days.
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Tentatively, the sale price for the two (2) week fixed interest in the townhome units will range
from $200,000 to $400,000, and the sale price for the two (2) week fixed interest in the flats will
range from $150,000 to $300,000. The Applicant has not determined if the units will be part of
an exchange program, but the timeshaze instruments submitted with the final application will
permit participation in a timeshaze exchange program should the condominium association
approve it.
The timeshaze program, called Aspen Club Living by the Applicant, will have afully-staffed, on-
site front desk located in the existing Club's main entry. The Applicant anticipates current
Aspen Club Staff to staff this function. The program will follow the mandatory operational
practices outlined in Land Use Chapter 26.590.060.B, Mandatory Operational Practices.
The Applicant proposes more affordable housing mitigation than is required by the code for the
proposed timeshaze units. Section 26.470.080.3.b of the Land Use Code requires projects with
less than one unit per 500 squaze feet of lot area to provide mitigation equal to 60% of the
employees generated. Section 26.470.100.A.1 states that there aze .5 Full Time Equivalents
(FTEs) generated per lodging bedroom. This project's twenty (20) units include sixty-two (62)
bedrooms, creating a generation of 31 FTEs. Therefore, the mitigation requirement is 18.6 FTEs
(31 FTEs * 60%). The applicant has proposed to provide housing for twenty-seven (27) FTEs
onsite in twelve (12) 2-bedroom units. This exceeds the code requirement by neazly 150%. No
mitigation is required as part of the Club remodel, as there is no increase in the amount of net
leasable azea.
The Applicant has pledged to meet all of the applicable timeshare requirements. Information on
the timeshaze development instruments will be submitted as part of the final application. A draft
disclosure statement has been provided as part of the Application (see Appendix D, Exhibit 2 in
the Application).
CONCEPTUAL COMMERCIAL DESIGN REVIEW:
The proposed development is in the Small Lodge Chazacter Area which encompasses lodges
located in residential neighborhoods. The conceptual review design guidelines address the street
and alley system, pazking, public amenity space, building placement and building height, mass
and scale. Staff will have the 3D SketchUp model at the May 6~' meeting.
The Applicant has not amended the external design of the individual units, but has changed the
site plan and location of some of the units. These changes have helped to decrease the mass
located on the lower bench, and to create a relationship between the ripazian area and the site.
Staff believes that the overall mass is at a place that can be approved conceptually. Issues of
fenestration and materials will be addressed at final conceptual design review. The site provides
an opportunity to blend into the natural landscape through architectural detailing, the creation of
vistas, and through landscaping. Staff believes the proposed changes to the site plan do a good
job of integrating the development with the natural surroundings.
REFERRAL AGENCY COMMENTS:
The City Engineer, Zoning Officer, Building Department, Aspen Sanitation District, Housing
Department, Utilities and the Pazks Department have all reviewed the proposed application and
their requirements have been included as conditions of approval when appropriate.
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Pazks has requested that a trail easement be granted on the property adjacent to Ute Avenue to
allow the completion of the Ute Ave trail. This has been included as a condition in the
Resolution. In addition, Engineering and Utilities/Public Works have both identified on-site
drainage and soil conditions as a potential challenge for the proposed site. The Applicant will
need to address these concerns as part of the Final Application.
As noted later in the staff memo, the affordable housing proposed meets the required housing
mitigation. APCHA has recommended that the smaller units be designated as Category 2 units,
and the large units be designated Categories 3 and 4. The APCHA Staff will review the proposal
again prior to final approval.
RECOMMENDATION: Staff recommends the Planning and Zoning Commission approve the
conceptual application.
PROPOSED MOTION: "I move to approve Resolution #9, Series 2008, recommending
conceptual approval of a Conceptual Specially Planned Area (SPA), Conceptual Planned Unit
Development (PUD), Conceptual Timeshaze, and Conceptual Commercial Design Review for
the Aspen Club project."
Attachments:
Exhibit A -SPA Review Criteria, Staff Findings
Exhibit B - PUD Review Criteria, Staff Findings
ExIIISIT C -Commercial Design Review, Staff Findings
E~cI IIBIT D -Timeshare Review Criteria, Staff Findings
Exi IIBIT E - DRC Comments
Ex1IIBIT F -New Site Plan
E~tI-[Tarr G -Material from Applicant outlining the public benefit provided by the project
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RESOLUTION N0.9,
(SERIES OF 2008)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING CONCEPTUAL COMMERCIAL DESIGN
REVIEW, AND RECOMMENDING THE CITY COUNCIL APPROVE A
CONCEPTUAL SPECIALLY PLANNED AREA (SPA), CONCEPTUAL
PLANNED UNIT DEVELOPMENT (PUD), AND CONCEPTUAL TIMESHARE,
FOR THE DEVELOPMENT OF SUB-GRADE PARKING, NINETEEN
TIMESHARE UNIT5, REDESIGNED COMMERCIAL SPACE, AND TWELVE
AFFORDABLE HOUSING UNITS FOR THE PROPERTY LOCATED AT 1450
CRYSTAL LAKE ROAD (THE ASPEN CLUB) CITY OF ASPEN, PITKIN
COUNTY,COLORADO.
Parcel ID: 2737-181-32-019
WHEREAS, the Community Development Department received an application
from Aspen Club and Spa, LLC, represented by Sunny Vann of Vann Associates, LLC
requesting of the Planning and Zoning Commission approval of conceptual commercial
design review, and a recommendation of conceptual approval for a Specially Planned
Area (SPA), Planned Unit Development (PUD), and Timeshare, to develop nineteen (19)
timeshaze units and twelve (12) affordable housing units, and to redesign existing
commercial spaces; and,
WHEREAS, the Applicant requests a recommendation by the Planning and
Zoning Commission for conceptual approval of an amendment to a Planned Unit
Development (PUD), a conceptual approval of a new Specially Planned Area (SPA),
conceptual approval of a timeshaze, and for conceptual approval of commercial design
review; and,
WHEREAS, upon initial review of the application and the applicable code
standazds, the Community Development Department recommended the Applicant amend
the proposal to better comply with the requirements of a Specially Planned Area (SPA), a
Planned Unit Development (PUD), Conceptual Timeshaze, and the Commercial Design
Standards; and,
WHEREAS, the Applicant amended the application to include twenty (20)
timeshaze units and amended the site plan for the May 6, 2008 Planning and Zoning
heazing; and,
WHEREAS, during a duly noticed public hearing on May 6, 2008, continued
from February 5, 2008, February 19, 2008, Mazch 4, 2008, March 18, 2008, and April 1,
2008, the Planning and Zoning Commission approved Resolution No. 9, Series of 2008, by
a _ to _ ~ -~ vote, approving Conceptual Commercial Design Review, and
Resolution No 9, Series 2008
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recommending the Aspen City Council approve a Conceptual PUD, Conceptual SPA,
Conceptual Timeshare; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified herein; and,
WHEREAS, the Planning and Zoning Commission has reviewed and considered
the development proposal under the applicable provisions of the Municipal Code as
identified herein, has reviewed and considered the recommendation of the Community
Development Director, the applicable referral agencies, and has taken and considered public
comment; and,
WHEREAS, the Planning and Zoning Commission fmds that the development
proposal meets or exceeds all applicable development standazds and that the approval of the
development proposal, with conditions, is consistent with the goals and elements of the
Aspen Area Community Plan; and,
WHEREAS, the Planning and Zoning Commission finds that this resolution
furthers and is necessary for the promotion of public health, safety, and welfaze.
NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING
COMNIISSION OF THE CITY OF ASPEN, COLORADO THAT:
Section 1:
Pursuant to the procedures and standazds set forth in Title 26 of the Aspen Municipal
Code, the Planning and Zoning Commission hereby approves Conceptual Commercial
Design Review, and recommends approval of Conceptual Specially Planned Area (SPA),
Conceptual Planned Unit Development (PUD), and Conceptual Timeshaze.
The final SPA/PUD application shall address comments in the following sections:
Section Z: Building
The Applicant shall meet all adopted building codes and requirements if and when a
building permit is submitted. Accessible routes to any public right-of--way and accessible
pazking spaces will be required. The proposed project will be subject to the Use Tax on
building materials. The proposed project will be required to comply with all Efficient
Building Programs in place at time of building permit submittal.
Section 3: Engineerine
The Applicant's design shall be compliant with all sections of the City of Aspen
Municipal Code, Title 21 and all construction and excavation standazds published by the
Engineering Department. The proposal shall comply with the DRC comments from the
Engineering Department regazding transportation, drainage, pedestrian improvements,
construction management, traffic studies, utilities and sight distances. The Applicant
shall be subject to the Stormwater System Development Fee.
Resolution No 9, Series 2008
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The final application shall address how the construction management plan will address
construction while the Club remains open, and shall address how all construction
activities will not impact all trees that aze remaining on the site. Aspen Club Trail access
or use for any construction activities i~rohibited at all times; this includes but is not
limited to truck traffic, foot traffic, storage or materials.
Prior to submittal of the final application, the Applicant shall work with the Engineering
Department and the Streets Department to ensure that any proposed Right-of--Way
improvements, including speed bumps and crosswalks, meet all applicable standazds.
Section 4: Affordable HousinH
The Housing Boazd recommends that the three smaller units be deed-restricted as Category
2 units and that the other nine units be a mix of Category 3 and 4. The Applicant shall
examine this request and address it in the final application.
Section 5: Fire Mitieation
All codes adopted by the Aspen Fire Protection District shall be met. This includes but is
not limited to access (International Fire Code (IFC), 2003 Edition, Section 503),
approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907).
Section 6: Public Works
The Applicant shall comply with the City of Aspen Water System Standards, with Title 25,
and with the applicable standazds of Title 8 (Water Conservation and Plumbing Advisory
Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department.
Utility placement and design shall meet adopted City of Aspen standards. Each of the units
within the building shall have individual water meters. The final application shall conlinn
that the 3-hydrants shown are adequate for the new land use
Nothing from the 1976 PUD water rights agreement may change as part of this current
project. A detailed utility plan including fire system requirements needs to be completed
and submitted for approval.
Details of how the mechanical room water distribution to the townhouse needs to be
addressed in the final application. This distribution of service may be in conflict with the
IRC. A service agreement maybe needed for this option type.
There is a planned replacement of roughly 1000 l.f. of existing waterline in Ute Avenue
scheduled. The Applicant shall address how coordination in construction will occur in
the final application. The final application shall also outline the proposed Water Line
main loop. The final application shall address snow storage and drainage.
Section 7• Sanitation District Requirements
The district will require a conceptual sanitary sewer utility plan for this development
before committing to serve the proposed project. The plan must be acceptable and
beneficial to the owner, the district and the Silver Lining Ranch.
Resolution No 9, Series 2008
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Service is contingent upon compliance with the District's rules, regulations, and
specifications, which aze on file at the District office.
ACSD will review the approved Drainage plans to assure that clear water connections
(roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system.
The district will require that the applicant verify that the existing building's roof drains
do not discharge the sanitary sewer system.
Section 8: Environmental Health
The state of Colorado mandates specific mitigation requirements with regards to asbestos.
Additionally, code requirements to be awaze of when filing a building permit include: a
prohibition on engine idling, regulation of fireplaces, fugitive dust requirements, noise
abatement and pool designs. The Applicant must meet all applicable requirements
associated with the new pool.
Section 9: Exterior Li2htin¢
All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code
pursuant to Land Use Code Section 26.575.150, Outdoor lighting.
Section 10: Transportation
The Applicant shall address all of the following in the final PUD/SPA Application:
1. An updated traffic impact study.
2. Pazking issues for residents and guests at the Aspen Club.
3. Detailed Transportation Plan, which at a minimum includes the following
information:
o Which street the Aspen Club and Hotel Shuttles will use to access the
Club;
o Operational characteristics of the paid parking proposal, the carpool
proposal, the cazshaze proposal, the bike shaze proposal, and the
monitoring plan;
o Examine how existing transportation services to the airport could be
utilized for the pick-up/drop-off of timeshaze owners/guests, and how the
Club would coordinate pick-ups to minimize the number of total trips
taken;
o Address the feasibility of a corporate membership with the City's cazshaze
program.
o Examine the feasibility of utilizing the existing Cross-Town Shuttle
service rather than adding additional shuttle services; and
o Address how the Club will encourage the affordable housing residents and
its employees to use alternative forms of transportation.
Section 11: Parks
1. The final application shall include a detailed plan submitted for stream margin
protection and stability of the hillside above the trail.
Resolution No 9, Series 2008
Page 4 of 6
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2. The final application shall include information on how trees that aze to remain on
the site will be protected throughout construction.
3. The natural stands of native landscaping located along Ute Ave should be
protected with as little disturbance to the azea as possible. This shall be addressed
in the final application. The City will work with the developer to outline a
possible traiVsidewalk connection along the ROW on Ute Ave.
4. Pazks is not comfortable with the proposed change in trail alignment. The
Applicant shall work with the pazks department prior to submittal of the final
application to address all concerns related to all landscaping considerations,
including proposed landscaping, proposed tree removals, and proposed trail re-
alignments.
5. The Applicant shall include the trail easement language for the existing Aspen
Club Trail located on the North side of the property as part of the final
application.
Section 12: Avalanche Hazard Report
The Applicant shall be required to submit an updated Avalanche Hazard Report detailing
the avalanche danger for the lot.
Section 13:
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, aze
hereby incorporated in such plan development approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
Section 14:
This Resolution shall not affect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior ordinances.
Section 15:
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 sepazate, distinct and independent provision and shall not affect
the validity of the remaining portions thereof.
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this
day of , 2008.
Resolution No 9, Series 2008
Page 5 of 6
P14
APPROVED AS TO FORM:
City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
PLANNING AND
COMMISSION:
LJ Erspamer, Chair
ZONING
Resolution No 9, Series 2008
Page 6 of 6
P15
EXHIBIT A
Chapter 26.440, SPECIALLY PLANNED AREA (SPA)
Sec 26.440.030(A) Standards for Designation. Any land in the City may be designated
Specially Planned Area (SPA) by the City Council if, because of its unique historic, natural,
physical or locational characteristics, it would be of great public benefit to the City for that
land to be allowed design flexibility and to be planned and developed comprehensively as a
multiple use development. A parcel of land designated Specially Planned Area (SPA) shall
also be designated on the City's Official Zone District Map with the underlying zone district
designation which is determined the most appropriate. The underlying zone district
designation shall be used as a guide, but not an absolute limitation, to the uses and
development which may be considered during the development review process.
Staff Finding:
In order for an SPA designation to be approved, this "Standazds for Designation"
requirement must be met. That is, the City Council, after hearing a recommendation
from the Planning and Zoning Commission, must determine that because of the site's
"unique historic, natural, physical or locational characteristics, it would be of great public benefit
to the City for that land to be allowed design flexibility and to be planned and developed
comprehensively as a multiple use development". Staff believes that the SPA designation
would create a public benefit. It will allow affordable housing to be developed on the
pazcel, which is not currently a permitted use in the underlying zone district. This will
enable the Club to house some of its employees that currently commute into Aspen,
reducing impacts on the transportation system and the entrance to Aspen. Further, the
timeshare development will enable to Club to continue to provide a home for many of the
Valley's non-profits, and will enable specialized programming to be made available to
the public. At a conceptual level, staff fmds this criterion to be met.
Sec. 26.440.050. Review standards for development in a Specially Planned. Area
(SPA).
A. General. In the review of a development application for a conceptual development
plan and a final development plan, the Planning and Zoning Commission and City
Council shall consider the following:
1. Whether the proposed development is compatible with or enhances the mix of
development in the immediate vicinity of the parcel in terms of land use, density,
height, bulk, architecture, landscaping and open space.
Staff Finding:
The proposed development is compatible with the existing mix of commercial and
housing uses in the immediate vicinity. Staff believes the proposed health and wellness
program will be a good addition to the existing Club services and to the community in
general. The Applicant has amended the site plan, and Staff believes these changes have
helped the development relate to the riparian azea, and to meet the chazacteristics of the
Small Lodge Chazacter Area. At a conceptual level, staff finds this criterion to be met.
2. Whether sufficient public facilities and roads exist to service the proposed
development.
Exhibit A -SPA Review Criteria
Page 1 of 4
P16
Staff Finding:
Sufficient public facilities and roads exist to serve the proposed development. The traffic
engineering report provided in the application indicates that the proposed development
will not significantly alter the current service levels on Ute Avenue, or at the intersections
between the Aspen Club and Cooper Avenue. 'These intersections will continue to
operate at a Level of Service grade B or better. Further, the Applicants plan on upgrading
the existing water service line and to relocate a sewer line to accommodate the proposed
units. Staff finds this criterion to be met.
3. Whether the parcel proposed for development is generally suitable for
development, considering the slope, ground instability and the possibility of
mudflow, rock falls, avalanche dangers and flood hazards.
Staff Finding:
The applicant has located all development outside the Roaring Fork River's mapped 100-
year floodplain. No other natural hazards aze believed to affect the lot. However, Staff
requests an Avalanche study as part of the final review to ensure the affordable housing
units aze protected from avalanche danger. At a conceptual level, staff finds this criterion
to be met.
4. Whether the proposed development creatively employs land planning techniques
to preserve significant view planes, avoid adverse environmental impacts and
provide open space, trails and similar amenities for the users of the project and
the public at large.
Staff Finding:
The proposal replaces existing tennis courts with lodging units, adds units to the existing
building, and adds affordable housing units to anunder-utilized portion of the site. While
there are not specific view planes in the vicinity, Staff believes it is important to retain
the perception of the riparian corridor from the center of the site. The Applicant has
made changes to the azchitecture and site plan to address Staff s concern, however Staff
does not believe these changes go faz enough to ensure the riparian area is made
prominent in the design. There is an existing path that crosses the Aspen Club property
near the river. This path will be maintained in the proposal.
Staff recommends that the applicant strive to create a project that provides views towazd
the river from the new Club entrance. In addition, concems about site drainage, soils and
compliant access from the pazking gazage must be addressed prior to fmal review.
Staff finds the conceptual application to meet this criterion.
5. Whether the proposed development is in compliance with the Aspen Area
Comprehensive Plan.
Staff Finding:
Staff believes that a number of the goals in the Aspen Area Community Plan aze met, but
has some concems relating to other aspects of the AACP. The Application meets a
number of AACP goals related to affordable housing, economic sustainability, and arts
Exhibit A -SPA Review Criteria
Page 2 of 4
and culture, and has made changes throughout the Planning and Zoning Commission P ~ ~
review to meet goals related to transportation. The Applicant has also made changes to
the site plan, which Staff believes brings the project closer to meeting the goals related to
community chazacter & design, and open space & enviromnent.
The Applicant is providing 150% of the required Affordable Housing, which is an
important step in helping the community meet the Affordable Housing goals outlined in
the AACP. Further, the Economic sustainability section of the AACP recognizes that
"local ownership of business helps maintain our community's unusual character, tends to
return more money to the local economy, and provides additional opportunities for
upward mobility of people." The Aspen Club is a locally owned and operated business,
and the stated goal of this proposal is to provide a new health and wellness opportunity
for residents and visitors, and to use the money raised through the timeshaze sales to
subsidize programs for locals. Staff believes that the concept of this application is a good
one, and will go a long way towazd furthering the goals outlined Aspen Area Community
Plan. The Aspen Club currently works to promote the Arts, Culture, and Education of the
Aspen Area by supporting local non-profits through offices and financial support, and by
facilitating educational and wellness programs for Club members and community
members at lazge.
The AACP discusses the need to "preserve, enhance and restore the natural beauty of the
enviromnent of the Aspen Area." Staff believes the changes made to the Application help
the proposal move the in the direction of enhancing the riparian area on the site, and
bringing the riparian area into the site. The AACP asks that development "retain and
encourage an eclectic mix of design styles to maintain and enhance the special character
of our community." Staff believes the ideas put forward in the Application for a health
and wellness facility aze good goals, and that the proposed site plan changes move the
proposal in the direction of combining this goal with the proposed architecture. Further,
Staff finds that the changes help ensure the development will "enhance the special
character of our community." The Aspen Club site is unique, and this Application
proposes a unique addition to the Club. Staff believes the changes to the site plan begin
to reflect these opportunities.
Finally, the Applicant has mentioned in the Application that a caz shaze program, bike
fleet, and shuttle service will be provided to help minimize the impact of the automobile
in the azea, which is a goal of the AACP. Staff believes these elements aze important in
working towazd changing the auto-centric culture that currently exists, but Staff believes
that the lazge amount of pazking provided will encourage the use of the automobile. The
Applicant has provided conceptual information on a transportation plan, and will provide
more detailed information on the transportation plan in the final application. This plan
will addresses how the parking will operate, how the shuttle service will operate,
proposed transportation improvements along Ute Ave, etc.). Staff believes the AACP
goals related to transportation can be met with this transportation plan.
Overall, Staff finds this guideline to be met.
6. Whether the proposed development will require the expenditure of excessive
public funds to provide public facilities for the parcel or the surrounding
neighborhood.
Exhibit A -SPA Review Criteria
Page 3 of 4
P18
Staff Finding:
The proposal does not require public funds to provide public facilities for the proposed
parcel. The application states that all costs associated with public infrastructure
improvements will be borne by the applicant. Staff finds this criterion to be met.
7. Whether proposed development on slopes in excess of twenty percent (20%)
meet the slope reduction and density requirements of Subsection 26.445.040.B.2.
Staff Finding:
The property's northern lot line lies in the Roazing Fork River, and then the property
slopes up to meet Ute Ave on the south. There aze slopes in excess of 20%, and the
Applicant has made the appropriate slope reduction and density reductions. The total
square footage on the lot is 201,128, but after slope reduction 171,047 square feet of land
area is available for floor azea calculations. The proposed development equals
approximately 103,20 square feet, or an FAR of 0.6:1. Staff finds this criterion to be met.
8. Whether there are sufficient GMQS allotments for the proposed development.
Staff Finding:
Not Applicable. The Applicant will be required to make a Growth Management
Application as.part of the Final PUD/SPA Application. Under the current proposal, the
application will require twelve (12) affordable housing allotments and seventy-six (76)
lodge pillow allotments.
B. Variations permitted. The final development plan shall comply with the
requirements of the underlying zone district; provided, however, that variations from
those requirements may be allowed based on the standards of this Section. Variations
may be allowed for the following requirements: open space, minimum distance between
buildings, maximum height, minimum front yazd, minimum rear yard, minimum side
yard, minimum lot width, minimum lot azea, trash access azea, internal floor azea ratio,
number of off-street pazking spaces and uses and design standazds of Chapter 26.410 for
streets and related improvements. Any variations allowed shall be specified in the SPA
agreement and shown on the final development plan.
Staff Finding:
There aze no requests to vary the dimensional requirements as part of the SPA. These
requests aze made under the PUD request. Staff finds this criteria to not be applicable.
Exhibit A -SPA Review Criteria
Page 4 of 4
P19
EXHIBIT B
Chapter 26.445, PLANNED UNIT DEVELOPMENT
Sec. 26.445.050. Review Criteria conceptual, final, consolidated and minor PUD.
A development application for conceptual, final, consolidated, conceptual and final or
minor PUD shall comply with the following standazds and requirements. Due to the
limited issues associated with conceptual reviews and properties eligible for minor PUD
review, certain standards shall not be applied as noted. The burden shall rest upon an
applicant to show the reasonableness of the development application and its conformity
to the standazds and procedures of this Chapter and this Title.
A. General requirements.
I. The proposed development shall be consistent with the Aspen Area Community
Plan.
Staff believes that a number of the goals in the Aspen Area Community Plan are met, but
has some concerns relating to other aspects of the AACP. The Application meets a
number of AACP goals related to affordable housing, economic sustainability, and arts
and culture, and has made changes throughout the Planning and Zoning Commission
review to meet goals related to transportation. The Applicant has also made changes to
the site plan, which Staff believes brings the project closer to meeting the goals related to
community character & design, and open space & environment.
The Applicant is providing 150% of the required Affordable Housing, which is an
important step in helping the community meet the Affordable Housing goals outlined in
the AACP. Further, the Economic sustainability section of the AACP recognizes that
"local ownership of business helps maintain our community's unusual chazacter, tends to
return more money to the local economy, and provides additional opportunities for
upwazd mobility of people." The Aspen Club is a locally owned and operated business,
and the stated goal of this proposal is to provide a new health and wellness opportunity
for residents and visitors, and to use the money raised through the timeshaze sales to
subsidize programs for locals. Staff believes that the concept of this application is a good
one, and will go a long way towazd furthering the goals outlined Aspen Area Community
Plan. The Aspen Club currently works to promote the Arts, Culture, and Education of the
Aspen Area by supporting local non-profits through offices and financial support, and by
facilitating educational and wellness programs for Club members and community
members at lazge.
The AACP discusses the need to "preserve, enhance and restore the natural beauty of the
environment of the Aspen Area." Staff believes the changes made to the Application help
the proposal move the in the direction of enhancing the ripazian area on the site, and
bringing the riparian azea into the site. The AACP asks that development "retain and
encourage an eclectic mix of design styles to maintain and enhance the special chazacter
of our community." Staff believes the ideas put forwazd in the Application for a health
and wellness facility aze good goals, and that the proposed site plan changes move the
proposal in the direction of combining this goal with the proposed architecture. Further,
Exhibit B -PUD Review Criteria
Page 1 of 13
P20
Staff finds that the changes help ensure the development will "enhance the special
chazacter of our community." The Aspen Club site is unique, and this Application
proposes a unique addition to the Club. Staff believes the changes to the site plan begin
to reflect these opportunities.
Finally, the Applicant has mentioned in the Application that a caz shaze program, bike
fleet, and shuttle service will be provided to help minimize the impact of the automobile
in the azea, which is a goal of the AACP. Staff believes these elements are important in
working towazd changing the auto-centric culture that cun•ently exists, but Staff believes
that the lazge amount of pazking provided will encourage the use of the automobile. The
Applicant has provided conceptual information on a transportation plan, and will provide
more detailed information on the transportation plan in the final application. This plan
will addresses how the pazking will operate, how the shuttle service will operate,
proposed transportation improvements along Ute Ave, etc.). Staff believes the AACP
goals related to transportation can be met with this transportation plan.
Overall, Staff finds this guideline to be met.
2. The proposed development shall be consistent with the character of existing
land uses in the surrounding area.
The proposed development is consistent with the chazacter of the azea. The
neighborhood consists of a variety of single-family and multi-family homes, and while
the proposal is for new timeshare lodge units it will function in a more residential nature
than a typical lodge downtown. The proposed affordable housing is consistent with the
adjacent properties, which include a number of affordable projects. Staff finds this
criterion to be met.
3. The proposed development shall not adversely affect the future development of
the surrounding area.
Staff believes that this development will not adversely affect the future development of
the area. Staff finds this criterion to be met.
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.
Not Applicable. The Applicant will be required to make a Growth Management
Application as part of the Final PUD/SPA Application. Under the current proposal, the
application will require twelve (12) affordable housing allotments and seventy-six (76)
lodge pillow allotments.
B. Establishment ojDimensional Requirements:
The final PUD development plans shall establish the dimensional requirements for al[
properties within the PUD as described in General Provisions, Section 26.445.040,
above. The dimensional requirements of the underlying zone district shall be used as a
Exhibit B -PUD Review Criteria
Page 2 of 13
P21
guide in determining the appropriate dimensions for the PUD. During review of the
proposed dimensional requirements, compatibility with surrounding [and uses and
existing development patterns shall be emphasized
The PUD development plans establish dimensional requirements for al] properties in a
PUD. The proposed dimensional requirements aze listed below:
RR Dimensional Proposed Dimensional Underlying Zone District
Requirement Requirements Dimensional
Re uirements
Minimum Lot Size ~ 941 acres, or 215,232 sq. 2 0 acres
Minimum Lot Area per
N/A Multi-Family: N/A
dwellin unit Lod e: N/A
Minimum Lot Width 370 Feet 200 Feet
Minimum Front Yazd 7.5 Feet for Affordable 30 Feet
Setback Housin Units
3 Feet on east side for
Minimum Side Yazd Setback Affordable Housing Units; 20 Feet
20 Feet on west side.
Minimum Reaz Yard Setback 100 Feet 20 Feet
Maximum Height 28 Feet 28 Feet
Minimum % O en S ace N/A N/A
t m can ,,,, r+ .,...,t
100,860sa. ft.
Multi-family (affordable Single-family: Same as R-
housing units): 12,330 sq. 15 zone district
Allowable Floor Area ft. Multi-family: N/A
Lodge: ",`~. Lodge: N/A
53.900 sa. ft. Commercial: N/A
Commercial (Club): 34,630
sq. ft.
133 spaces total: Lodge:.5 spaces per key
Lodge: ~9-spaces 20 (19 spaces)
Club and Spa: 1 space per
Minimum Off-Street Pazking s~
Aspen Club and Spa: ~ 1000 sq. ft. of net leasable
spaces-96 spaces (43 spaces)
AH units: 17 spaces AH units: 1 space per unit
(12 s aces)
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.
Exhibit B -PUD Review Criteria
Page 3 of 13
P22
See discussion from 1.A above
b. Natural or man-made hazards.
No known hazards exist on the lot. Staff finds this criterion to be met.
c. Existing natural characteristics of the property and surrounding area
such as steep slopes, waterways, shade, and signifzcant vegetation and
landforms.
Most of the development proposed is within areas of the site that have already
been impacted by development. The riparian azea is being maintained through
the fifteen (15) foot top of slope setback required by the Stream Mazgin
portion of the Land Use Code. The site plan was reviewed by the Parks
Department, which requires that a stand of trees located neaz Unit 5 be
maintained. This has been included as a condition in the Resolution. Staff
finds this criterion to be met.
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 recognizes that there is an existing parking problem at the Club,
especially when special events aze held. Staff does not believe that more
paking will fully alleviate this issue, and believes that more detailed analysis
of transportation alternatives should be required. Staff believes that the
Applicant has not gone faz enough in promoting alternative means of
transportation for locals who use the club, club employees, or for the proposed
timeshare units. Staff would like to see the Applicant provide a detailed
conceptual transportation plan as part of the Final Application that outlines the
need for shuttle operations, the anticipated demand by timeshaze occupants of
vehicles, and the specifications of all proposed transportation elements
(shuttle, electric vehicles, bikes, etc) and how they will be utilized. While
fire access is required in the existing surface pazking lot, the current
configuration makes the site plan seem "auto-centric". Staff would like to see
a more detailed landscaping plan at Final that minimizes the visual impacts of
the parking. Further, Staff would like to see a detailed study regarding the
ability to put more parking sub-grade, which would free up some space
azound the club for landscaping improvement, or would enable more
flexibility in the site plan. Staff does not find this criteria met at this time, but
if the Applicant makes the above mentioned changes, Staff would find this
criteria met at a conceptual level.
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.
Exhibit B - PUD Review Criteria
Page 4 of 13
P23
No open space is currently proposed on-site. Staff recommends the Applicant look at
ways to consolidate internal building access points to help create more opportunities
for open space. Further, Staff encourages the Applicant to examine differ site
planning techniques to break up the mass and bamer between the riparian azea and
the Club. A lower density of timeshaze units or smaller units may be needed to better
meet this standard. 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.
d. The proximity of the proposed development to the commercial core and
general activity centers in the city.
As was discussed in the review of section 2.B.l.d, above, Staff recognizes that
there aze currently parking problems at the current Club. Staff does not
believe that the current parking configuration and amount of pazking is
warranted, and would like to see the Applicant explore auto-disincentives
more in more detail with a conceptual Transportation Plan as part of the Final
PUD review and a final Transportation Plan as part of the PUD Agreement.
Staff believes that a moderate increase in the Club's existing pazking, as well
as the parking provided for the Lodge and Affordable Housing units is
appropriate. However, Staff does not support the current pazking proposal.
4. The maximum allowable density within a PUD may be reduced if there exists
insufftcient 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
Adequate public facilities exist and will be upgraded at the owner's expense. This
includes the realignment of a sewer line. Staff agrees with the Applicant's traffic
report that Ute Avenue can accommodate the proposed pazking increases. The traffic
and pazking concerns Staff has expressed in the memo and Staff Findings, but is a
reflection of Staff's view that providing more pazking will encourage more
Exhibit B -PUD Review Criteria
Page 5 of 13
P24
automobile usage rather than the utilization of alternative forms of transportation.
Staff finds this criterion to be met.
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 mudflow, 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.
At this time, Staff does not find that and significant natural hazards on the site that
would necessitate a density reduction. For the most part, the proposed development
is located in areas of the site that currently contains development. Staff does not
believe the proposal will involve a pernicious impact on the site's natural watershed.
Staff finds this criterion to be met.
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.
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.
Notes:
a. Lot sizes for individual lots within a PUD may be established at a higher
or lower rate than specified in the underlying Zone District as long as,
on average, the entire PUD conforms to the maximum density provisions
of the respective Zone District or as otherwise established as the
maximum allowable density pursuant to a final PUD Development Plan.
b. The approved dimensional requirements for a[I lots within the PUD are
required to be reflected in the final PUD development plans.
Exhibit B -PUD Review Criteria
Page 6 of 13
P25
While the Applicant proposes establishing the FAR for the project, no increase in the
maximum density is proposed. Staff finds this criterion to be met.
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
vrsual interest or a specific reference to the past, or contribute to the identity of
the town are preserved or enhanced in an appropriate manner.
The Applicant has attempted to protect the area around the Roaring Fork River that is
subject to a Stream Margin Review at Final PUD. The Applicant has worked to
ensure these features aze preserved, and the changes made to the site plan help
enhance the site's most valuable natural feature. At a conceptual level Staff finds this
criterion to be met.
2. Structures have been clustered to appropriately preserve significant open spaces
and vistas.
No significant open spaces will be lost with this proposal, as the timeshaze units aze
proposed where the tennis courts aze currently located. Further, all development is
within the height requirements for the zone district. The Applicant has amended the
site plan to create a lazger open space on the lower bench of the property. This site
plan change goes a long way in creating quality vistas and open space. At a
conceptual level Staff finds this criterion to be met.
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.
The timeshaze units are not located along Ute Avenue because most of the street
frontage is already used to accommodate the existing Club. The proposed affordable
housing units aze located adjacent to the street, and Staff believes these will
contribute to the street chazacter and context. The Applicant has agreed to provide an
easement along the Ute Ave portion of the site to accommodate the eventual
continuation of the Ute Ave trail. This has been included as a condition in the
Resolution. While the landscaping plan outlines paths throughout the site, Staff
believes a more simplified plan is more appropriate in this context. This site is
uniquely located in an azea that is on the Urban/Rural fringe and adjacent to the
Roaring Fork River. As such, there is an opportunity to provide unique structures that
reflect the diverse settings. While there are multi-family and single-family homes in
the area, Staff believes the mission of this development (wellness and personal
growth) and it's unique location enable the design to be reflective of the surrounding
Exhibit B -PUD Review Criteria
Page 7 of 13
P26
residences while providing a different take on the design that reflects the Club's
mission. At a conceptual level Staff finds this criterion to be met.
4. Buildings and access ways are appropriately arranged to allow emergency and
service vehicle access.
The City of Aspen Fire Marshal has reviewed the proposal, and has found it to be in
compliance with all applicable life safety requirements. The existing surface pazking
area accommodates fire truck tum azounds, and must be maintained (note that Staff s
concerns regazding the surface pazking would not impact this required fire access).
Further, all structures will be required to include fire sprinkler systems, and fire alarm
systems. Staff finds this criterion to be met.
5. Adequate pedestrian and handicapped access is provided.
According to the Application, the project will comply with all applicable
requirements. This has been included as a condition in the Resolution. While not
required, Staff believes providing some handicapped access able timeshare units
would compliment the Club's mission. As mentioned above, the Club will dedicate
an easement for the future completion of the Ute Avenue trail. Staff finds this
criterion to be met.
6. Site drainage is accommodated jor the proposed development in a practical and
reasonable manner and shall not negatively impact surrounding properties.
According to a letter submitted by the Applicant's engineer, site drainage will be
handled with some drainage improvements to maintain historic runoff. Further, the
Applicant's engineer states that the timeshaze units will have a similaz footprint to the
existing tennis courts, so an expansion of the impervious surface will be minimal.
The Applicant will be required to pay the applicable Storm Water Fee assessed by the
Engineering Department. If the pazking area is re-paved as part of the
redevelopment, Staff recommends that the re-paving utilize pervious paving
materials. Asite-specific drainage report and design has been requested by the Aspen
Consolidated Sanitation District (ACSD), and has been included as a condition in the
Resolution. Staff finds this criterion to be met.
7. For non-residential [and uses, spaces between buildings are appropriately
designed to accommodate any programmatic functions associated with the use.
There is a significant grade difference between the proposed timeshaze units neaz the
river and the existing Club. The units that aze located at the same grade as the Club
do provide sufficient spacing. Staff would like to see further attention to the spacing
to the river-front timeshaze units to ensure the units will function as needed for the
proposed programs. Staff finds this criterion to be met.
D. Landscape Plan.
Exhibit B - PUD Review Criteria
Page S of 13
P27
The purpose of this 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:
The Applicant provided a draft landscaping plan as part of the original Conceptual
application. An updated version will be provided as part of the Final PUD Application.
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.
The Applicant has provided a conceptual landscaping plan with a number of new
plantings proposed. A final landscape plan will be submitted as part of the Final PUD
Application, which will ensure landscaping is consistent with adjacent ]and. Staff
finds this criterion to be met.
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.
The Applicant has stated they will comply with all Pazk's Department requirements.
No development is proposed in the protected riparian azea. Staff finds this criterion
to be met.
3. The proposed method of protecting extsting vegetation and other landscape
features is appropriate.
The Applicant will provide a final landscape plan in with the Final PUD. This will
ensure existing landscaping is preserved or mitigated for if it is to be removed. Staff
finds this criterion to be met.
E. Architectural Character.
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.
The Aspen Club site is unique, and this Application proposes a unique addition to the
Club through the new health and wellness program. Staff believes the architecture should
reflect these oppommities, and that the site plan changes help do this. The timeshaze
units proposed on the Club are unique, and Staff believes these will reflect the mission of
the new programs, and will fit in well with the existing azchitecture in the azea. At a
conceptual level, Staff believes that the proposed massing and site plan meet this
standard.
Exhibit B -PUD Review Criteria
Page 9 of 13
P28
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.
The site plan utilizes the nord>/south exposure on the lot, and is participating in the new
LEED for Neighborhoods program. Staff finds this criterion is met.
3. Accommodate the storage and shedding of snow, ice and water in a safe and
appropriate manner that does not require significant maintenance.
The Applicant has stated that snow removal and storage will meet all applicable
requirements. The Applicant must submit a detailed plan for snow removal and storage
as part of the final application. This has been made a condition of approval in the
Resolution. Staff finds this criterion to be met.
F. Lighting.
1. The purpose of this standard to ensure the exterior of the development will be
lighted in an appropriate manner considering both public safety and general
aesthetic concerns.
2. All exterior lighting shall 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 ca[[ inordinate
attention to the property is prohibited for residential development.
The PUD will comply with all lighting regulations in place. Amore detailed plan
will be provided as part of the Final PUD.
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 al[ 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 [and uses and property users of the PUD.
2. A proportionate, undivided interest in a[[ 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
Exhibit B -PUD Review Criteria
Page 10 of 13
P29
There aze no common spaces proposed as part of this application.
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.
The Water, Sanitation, and Electric Departments reviewed this application and
determined there is adequate service for this development. This will be addressed in
greater detail at Final PUD.
2. Adverse impacts on public infrastructure by the development will be mitigated
by the necessary improvements at the sole cost of the developer.
At this time no adverse impacts aze anticipated. This will be addressed in greater
detail at Final PUD.
3. Oversized utilities, public facilities, or site improvements are provided
appropriately and where the developer is reimbursed proportionately for the
additional improvement.
This criterion will be addressed at Final PUD when a finalized site plan and
associated materials aze available for City Departments to review.
I. Access and Circulation. (Only standards 1 &2 apply to Minor PUD applications)
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 [and 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 believes that all structures and uses have appropriate access to a public street.
The timeshaze units, club, and affordable housing units have access from Ute Avenue,
while the additional pazking on Lot 14A is accessed from Highway 82. There is also
pedestrian access available from the Aspen Club Trail located by the river. Staff
finds this criterion to be met.
Exhibit B -PUD Review Criteria
Page 11 of 13
P30
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.
The Applicant has submitted a Traffic Report that indicates the proposed pazking
configuration will not adversely impact traffic levels on Ute Avenue or the adjacent
Intersections. However, Staff believes the level of pazking provided and the uncleaz
plan for alternative transportation will increase the overall impact of the automobile
in the area. Staff has requested a detailed Transportation Plan to address these
concerns.
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.
The proposed development will not result in any changes to the existing Trail
easements. The Applicant has also agreed to provide an easement along Ute Avenue
to continue the Ute Avenue Trail. Staff finds this criterion to be met.
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.
The Applicant has agreed to provide an easement along Ute Avenue to continue the
Ute Avenue Trail. Staff finds this criterion to be met.
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.
There aze no internal streets proposed as part of this PUD. Staff finds this criterion to
be met.
6. Security gates, guard posts, or other entryway expressions for the PUD, or for
lots within the PUD, are minimized to the extent practical:
There aze no gates or guard posts proposed as part of this PUD. Staff finds this
criterion to be met.
J. Phasing of Development Plan. (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
Exhibit B -PUD Review Criteria
Page 12 of 13
P31
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.
No phasing is proposed as part of this development. The development will take place
approximately over a two (2) year period.
Exhibit B -PUD Review Criteria
Page 13 of 13
P32
EXHIBIT C
Chapter 26.412, COMMERCIAL DESIGN REVIEW -Code Review Criteria
Sec. 26.412.050. Review criteria. An application for commercial design review may be
approved, approved with conditions or denied based on conformance with the following criteria:
A. 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. Compliance with Section 26.412.070, Suggested design elements, is not required
but may be used to justify a deviation from the standards.
Staff Finding:
Staff believes the changes made to the site plan address the concerns Staff and the Planning and
Zoning Commission have raised. The creation of a larger open area on the lower bench helps
create a more direct relationship between the riparian area and the development. Please see
memo, review criteria for SPA, conceptual review design guidelines and objectives for the Small
Lodge Character Area.
B. For proposed development converting an existing structure to commercial use, the
proposed development meets the requirements of Section 26.412.060, Commercial design
standards, to the greatest extent practical. Changes to the fagade of the building may be
required to comply with this Section.
Staff Findinr:
Staff finds this criterion to not be applicable.
C. The application shall comply with the guidelines within the Commercial, Lodging and
Historic District Design Objectives and Guidelines as determined by the appropriate
Commission. The guidelines set forth design review criteria, standards and guidelines that
are to be used in making determinations of appropriateness. The City shall determine when
a proposal is in compliance with the criteria, standards and guidelines. Although these
criteria, standards and guidelines are relatively comprehensive, there may be
circumstances where alternative ways of meeting the intent of the policy objectives might
be identified. In such a case, the City must determine that the intent of the guideline is still
met, albeit through alternative means. (Ord. No. 13, 2007, §1)
Staff Findin¢:
Please see review criteria for Conceptual Review Design Guidelines and Objectives
Sec. 26.412.060. Commercial design standards. The following design standards, in addition to
the commercial, lodging and historic district design objectives and guidelines, shall apply to
commercial, lodging and mixed-use development:
Exhibit C -Commercial Design Guidelines
Page 1 of 6
P33
A. Public amenity space. Creative, well-designed public places and settings contribute to an
attractive, exciting and vital downtown retail district and a pleasant pedestrian shopping
and entertainment atmosphere. Public amenity can take the form of physical or
operational improvements to public rights-of--way or private property within commercial
areas. On parcels required to provide public amenity, pursuant to Section 26.575.030,
Public amenity, the following standards shall apply to the provision of such amenity.
Staff Finding:
This project is not located in a zone district required to provide Public Amenity Space. Staff
finds this criterion to not be applicable.
B. Utility, delivery and trash service provision. When the necessary logistical elements of a
commercial building are well designed, the building can better contribute to the overall
success of the district. Poor logistics of one (1) building can detract from the quality of
surrounding properties. Efficient delivery and trash areas are important to the function of
alleyways. The following standards shall apply:
1. A utility, trash and recycle service area shall be accommodated along the alley meeting
the minimum standards established by Section 26.575.060, Utility/trash/recycle service
areas, unless otherwise established according to said Section.
2. All utility service pedestals shall be located on private property and along the alley.
Easements shall allow for service provider access. Encroachments into the alleyway shall
be minimized to the extent practical and should only be necessary when existing site
conditions, such as an historic resource, dictate such encroachment. All encroachments
shall be properly licensed.
3. Delivery service areas shall be incorporated along the alley. Any truck loading facility
shall be an integral component of the building. Shared facilities are highly encouraged.
4. Mechanical exhaust, including parking garage ventilation, shall be vented through the
roof. The exhaust equipment shall be located as far away from the street as practical.
5. Mechanical ventilation equipment and ducting shall be accommodated internally within
the building and/or located on the roof, minimized to the extent practical and recessed
behind a parapet wall or other screening device such that it shall not be visible from a
public right-of-way at a pedestrian level. New buildings shall reserve adequate space for
future ventilation and ducting needs. (Ord. No. 13, 2007, §1)
Staff Finding:
The development is not located along an alley. The Applicant has proposed that the
trash/utility/recycle azea be relocated along Ute Avenue to provide better access. Staff believes
this will minimize conflicts between individuals on the Club property and the trucks servicing
this azea. Staff fmds this criterion to be met.
Exhibit C -Commercial Design Guidelines
Page 2 of 6
P34
Chapter 26.412, COMMERCIAL DESIGN REVIEW -Conceptual Review Design
Guidelines for Small Lodges
Design Objectives
The policy intent of these districts is to protect small lodge uses on sites which have been
historically utilized for this purpose, and encourage the upgrade of these lodge facilities.
Compatibility with the neighborhood is a requirement, coupled with a respect for the ways
in which the lodge has traditionally operated. However, small lodge developments should
not mimic non-lodging buildings in the neighborhood.
1. New development should be compatible with the neighborhood in which it is located.
Many lodge sites are located in residential areas, where the single family character should
be respected. In these settings, because the overall mass and scale of a lodge is likely to be
larger than that of adjacent residences, the treatment of the edges of a lodge site is
particularly important.
Other lodge sites located in commercial areas will be guided by the design objectives and
guidelines for the respective character area. In all cases, it is important to balance
compatibility with the functional needs of a lodge development.
2. Create a distinctive experience for lodging with a sense of being in a neighborhood.
Lodge overlay sites offer a special opportunity to experience the community more closely,
and to feel a part of a neighborhood. Therefore, these lodges should appear related to the
context in their design, while also conveying the unique character of an exciting
accommodations facility.
3. Enhance the character of the street edge.
A lodge overlay site should provide a street edge with visual delight and that invites
pedestrian activity in the neighborhood. This can be achieved with lush landscaping,
architectural details, and entrances that face the street.
4. Minimize the visual impacts of cars.
Where on-site parking is permitted, it should be screened from public view.
Street & Alley System
5.1 The network of streets and alleys should be retained as public circulation space and for
maximum public access.
• They should not be enclosed or closed for public access, and should remain open to
the sky.
• This applies to a lodge property that may include lots on both sides of an alley.
Staff Finding:
There aze no alleys adjacent to this lot. Public access from Ute Avenue is maintained as port of
this project. Staff finds this criterion to be met.
Parking
Exhibit C -Commercial Design Guidelines
Page 3 of 6
P35
5.2 Minimize the visual impacts of parking.
• Parking shall be placed underground wherever possible.
• Where surface parking is permitted, it shall be located to the interior of the
property.
• Surface parking shall be externally buffered with landscaping, and internally
planted and landscaped to soften design of parking areas and provide solar shade.
Staff Finding:
The applicant has provided a portion of the proposed pazking underground, retains the existing
surface lot on the Club pazcel and on Lot 14A across the river. The surface pazking lot includes
some landscaping to buffer the visual impact, however, Staff believes there is too much surface
pazking provided on the Club lot, and would like to see more landscaping features, and more
study done to examine the possibility of placing more pazking sub-grade. Staff finds this
guideline to be met.
5.3 Minimize the visual impacts of surface parking.
• On small lots where limited surface pazking in front of the building might be considered,
it should be designed and screened to minimize the visual impacts.
Staff Finding:
As stated above, the Applicant has included landscaping features to minimize the visual impact
of the surface pazking. Staff would like to see further study regazding the possibility of
providing more of the parking sub-grade, or eliminating some all together. Staff finds this
guideline is not met.
Public Amenity Space
Public Amenity Space on sites located outside of a commercial character area should
reflect the development pattern established by residential open space along the block.
Staff Finding:
While the Rural Residential (RR) zone district does not require the provision of public amenity
space, the design guidelines do. The Club is located in a residential azea with relatively low
density development. The proposal maintains open space neaz the ripazian azea, and includes
new facilities for Club members to enjoy the outdoors through improvements to the pool area.
Staff finds this guideline is met.
Building Placement
5.4 Front, side and rear setbacks should generally be consistent with the range of the
existing neighborhood.
• These should include landscaping.
Staff Finding:
All of the proposed setbacks, with the exception of the eastern lot line, meet the underlying zone
district setback requirements. The Affordable Housing units would include a seven and a half
(7.5) foot setback in order to accommodate the proposed number of Affordable Housing units.
Exhibit C -Commercial Design Guidelines
Page 4 of 6
P36
Because this area of the site includes a significant grade change, Staff believes this proposed
setback is appropriate. Staff finds this guideline to be met.
5.5 Within an established residential context, a lodge building should reflect traditional lot
widths in more than one of the following ways:
• The variation in building height.
• The modulation of the building elements.
• The variation in fa ade heights.
• The street fa ade composition.
• The variation in design and materials to emphasize the building module.
Staff Finding:
This project is located in an azea with diverse lot widths and a variety of single-family, multi-
family, and commercial structures. The underlying zone district limits the height to twenty-eight
(28) feet, and the Applicant has built the new structures to this height. Different roof forms
(relatively flat and pitched) are proposed in the design, which when combined with the recent
site plan changes to further break up the mass on the lower bench, does create cleaz modules.
Staff finds this guideline is met.
Building Height, Mass & Scale
5.6 Building height should generally fall within the range established by the setting of
adjacent buildings and the nearby street blocks.
• If two stories are predominant a third story portion may be permitted if located in
the center or as an accent on a corner.
• Higher sections of the building should be located away from lower adjacent
buildings.
• A minimum 9 ft. floor to ceiling height is to be maintained on second stories and
higher.
Staff Finding:
The proposed building heights meet the underlying zone district requirements and fit into the
neighboring context in terms of height. The proposal includes two story buildings, and maintains
the required nine (9) foot floor to ceiling height required. Staff finds this guideline to be met.
5.7 A building should respect the traditional lot width and scale of the context in the form,
modulation and variation of the roofscape.
• On sites exceeding 60 feet in width, the building height and form should be
modulated and varied across the site.
• The width of the building or of an individual building module should reflect
traditional facade widths in the area.
Staff Finding:
The lot width is 430 feet, and includes significant slopes between the existing Club building and
the tennis courts (where a majority of the timeshare units are proposed). All of the timeshaze
units aze built within the twenty-eight (28) foot height limit with little variation. The Applicant
has responded to Staff and Planning and Zoning Commission comments to create a development
Exhibit C -Commercial Design Guidelines
Page 5 of 6
P37
that blends into the natural landscape through azchitectural detailing, the creation of vistas, or
through decreased mass. The changes made move the proposal in a directiori closer to meeting
the chazacteristics of the Small Lodge Character Area. Staff finds this guideline is met at a
conceptual level.
5.8 Building height adjacent to a historic single story residential building should fit within a
bulk plane which:
• Has a maximum wall height of 15 ft. at the required side yard setback line, and
• Continues at a 45 degree angle from this wall plate height until it reaches the
maximum permitted building height.
Staff Finding:
The project is not located adjacent to a single-story historic structure. Staff finds this guideline
to be met.
5.9 Building height adjacent to a residential zone district should tit within a bulk plane
which:
• Has a maximum wall height of 25 ft. at the required side yard setback line, and
• Continues at a 45 degree angle from this wall plate height until it reaches the
maximum permitted building height
Staff Finding:
The proposed building heights meet the underlying zone district requirements and fit into the
neighboring context in terms of height. The proposal includes two story buildings, and meets the
bulk plane requirements. Staff finds this guideline to be met.
Exhibit C -Commercial Design Guidelines
Page 6 of 6
P38
EXHIBIT D
Chapter 26.590, TIMESHARE DEVELOPMENT
Sec. 26.590.070. Review standards for timeshare lodge development.
An applicant for timeshare lodge development shall demonstrate compliance with each of
the following standazds, as applicable to the proposed development. These standazds aze
in addition to those standazds applicable to the review of the PUD and Subdivision
applications.
A. Fiscal impact analysis 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 (5) 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
(5) 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.
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 twelve (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 (5) 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.
3. A summary of the City-portion of the property taxes paid for the lodge for
the prior five (5) 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 (5) years of its operation. This projection shall include a statement of the
Exhibit D - Timeshaze Review Criteria
Page 1 of 7
P39
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 (5) years of the lodge's operation to the first five (5) 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 in any of
the specific tax categories (property tax, sales tax, lodging tax, RETT tax),
then the applicant shall be required to propose a mitigation program that
resolves the problem, to the satisfaction of the City Council. Analysis of the
fiscal impact study shall compare existing tax revenues for a lodging
property with anticipated tax revenues. The accepted mitigation program
shall be documented in the PUD agreement for the project that is entered
into between the applicant and the City Council.
Staff Findines:
The proposal does not include any conversion of an existing lodge into a timeshaze loge
development. Staff finds this criterion to not be applicable.
B. Upgrading of existing projects. 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.
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 Findings:
The Applicant proposes an entirely new project, which does not include any conversion
of an existing lodge into a timeshaze loge development. The new development will be
Exhibit D -Timeshare Review Criteria
Page 2 of 7
P40
required to meet all City health, fire, and building codes. Staff finds this criterion to not
be applicable.
C. Preservation of existing lodging inventory. 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 Findings:
The Applicant proposes an entirely new project, which does not include any conversion
of an existing lodge into a timeshare loge development. The new development will bring
additional lodge rooms to the City's Lodging stock. Staff finds this criterion to not be
applicable.
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 Findings:
While this section requires affordable housing mitigation to be based on the number of
lock-off rooms, updates to the land use code require mitigation be based on bedrooms.
The Land Use Code considers there to be two (2) pillows in each bedroom. Section
26.470.080.3.b of the Land Use Code requires projects with less than one unit per 500
squaze feet of lot azea to provide mitigation equal to 60% of the employees generated.
Section 26.470.100.A.1 states that there aze .5 FTEs generated per lodging bedroom.
This project's twenty (20) units include sixty-two (62) bedrooms, so creates a generation
of 31 FTEs. Therefore, the mitigation requirement is 18.6 FTEs (31 FTEs * 60%). The
applicant has proposed to provide housing for twenty-seven (27) FTEs onsite in twelve
(12) 2-bedroom units. This exceeds the code requirement by nearly 150%.
No mitigation is required as part of the Club remodel, as there is no increase in the
amount of net leasable azea.
Staff finds this criterion to be met.
Exhibit D - Timeshaze Review Criteria
Page 3 of 7
P41
2. The conversion of any multi-family dwelling unit that meets the definition of
residential multi-family housing to timesharing shall comply with the
previsions of Chapter 26.530, Resident Multi-Family Replacement Program,
even when there is no demolition of the existing multi-family dwelling unit.
There aze currently no multi-family dwelling units on the property. Staff finds this
criterion to not be applicable.
E. Parking requirements.
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 Findings:
Pursuant to section 26.515.030 of the Land Use Code, 0.5 pazking spaces are required for
each key in a lodge development. There are a maximum of forty (40) keys, resulting in a
parking requirement of twenty (20) parking spaces for the timeshaze units (40 * 0.5 = 20).
The Applicant has provided nineteen (19) spaces in the sub-grade pazking garage for the
timeshare units. Staff finds this criterion to be met.
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.
Staff Findings:
The Applicant has indicated that anauto-disincentive program will be implemented as
part of the development. This would include increased shuttle service, participation in
the City car shaze program, and a bike fleet. While these are important pieces of a
comprehensive auto-disincentive program, Staff does not believe this program has been
outlined in enough specificity. Staff would like to see the Applicant explore auto-
disincentives in more detail with a conceptual Transportation Plan as part of the Final
PUD review and a final Transportation Plan as part of the PUD Agreement. Staff
believes that a moderate increase in the Club's existing pazking, as well as the parking
provided for the Lodge and Affordable Housing units is appropriate. However, Staff
does not support the cun•ent parking proposal.
Staff find this criterion is not met at this time.
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 Findings:
The timeshaze owners will be prohibited from storing their cars in the garage when they
aze not staying in their unit. Staff finds this criterion to be met.
Exhibit D -Timeshare Review Criteria
Page 4 of 7
P42
F. Appropriateness 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;
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 Findings:
The Applicant has committed to incorporating all the above requirements in the final
timeshae instruments that will be submitted with the final application. Staff finds this
criterion to be met.
G. Adequacy of maintenance and management plan. The applicant shall provide
documentation and guarantees that the timeshare lodge development will be
appropriately managed and maintained in a 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.
Exhibit D - Timeshaze Review Criteria
Page 5 of 7
P43
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 Findings:
The Applicant has committed to incorporating all the above requirements in the final
timeshaze instruments that will be submitted with the final application. Staff finds this
criterion to be met.
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.RS.; and Title 38, Article 33.3,
C.RS.; 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 Findings:
The Applicant has committed to incorporating all the above requirements in the final
timeshaze instruments that will be submitted with the final application. Staff finds this
criterion to be met.
I. Approval by 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 percent (100%) of
the owners of the condominium units have approved the timeshare development,
including 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 Findings:
The project currently does not have condominium owners. Staff finds this criterion to not
be applicable.
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.
Exhibit D -Timeshare Review Criteria
Page 6 of 7
P44
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. (Ord. No. 21-2002 § 1 (part), 2002; Ord. No. 13-2005, § 5)
Staff Findings:
The Applicant has committed that they will not knowingly engage in any of the above
mentioned activities. Staff finds this criterion to be met.
Exhibit D - Timeshaze Review Criteria
Page 7 of 7
Exhibit E, DRC Comments P45
MEMORANDUM
To: Development Review Committee
From: Jessica Garrow, Long Range Planner
Date: December 18, 2007
Re: Aspen Club and Spa Conceptual PUD Review
The Development Review Committee (DRC) has been asked to review the proposed
Aspen Club and Spa Conceptual PUD at the December 5, 2007 meeting. The DRC has
compiled the following comments:
Attendees: Jessica Garrow, Long Range Planner; Trisha Nelson, Engineering; Phil
Overeynder, Public Works; John Hines, Public Works; Erich Grueter, Transportation;
Tom Bracewell, ACSD; Todd Grange, City Zoning; Denis Murray, City Building; Ed
VanWalraven, AFPD; Brian Flynn, City Pazks; Cindy Christensen, Housing; Michael
Fox, Aspen Club; Sunny Vann, Vann Assoc.; Richazd de Campo, Poss Architecture.
Transportation (Erich Greeter): Transportation requests the following information
and has the following comments:
1. An updated traffic impact study
2. Pazking issues for residents and guests at the Aspen Club (I don't think that the
existing parking lot can handle the users, at peak times, as it is). Are there spots
reserved for owners, aze there spot reserved for users? Are 101 pazking spots
enough for the guests and owners? 20 "units" that leaves 80 spots for day use and
employees does this address the "high season use"?
3. Something in writing that says exactly what kind of transportation they aze
providing to their guests and users. IE: the vans that they are running, aze these
"on call" or are they scheduled? Do they take a specified route? Or aze they "door
to door" (specialty services)
4. We would like to see these addressed in further plans.
Fire (Ed Van Walraven): The Aspen Fire Protection District requests the following
information and has the following comments:
1. Approved fire sprinkler systems shall be provided through out the entire project,
this includes all structures.
Page 1 of 8
P46
Exhibit E, DRC Comments
2. Approved fire alarm systems shall be provided through out the entire project, this
includes all structures.
3. Adequate fire department apparatus access shall be provided and approved by the
Fire Mazshal's office.
Zonin (Todd Grange): City Zoning requests the following information and has the
following comments:
1. Underlying zoning is Rural Residential (RR)
2. Setback -Red Flags- no development may occur above or below 30 inches in the
setbacks. It appeazs the underground parking and affordable housing aze located
in the setbacks below 30 inches. If this is the case, the PUD must expressly
approve these.
3. Height is limited to 28 feet. Will need roof plan over topo with Building Permit
4. Include a Fees Matrix: Cash - In - lieu if applicable, School land (need Lot size, a
current appraised land value, new net leasable and bedrooms), TDM fee, and
Parks fee.
5. FAR - Please clarify existing FAR and what will be allowed.
6. Include Survey/Plat with lot size.
7. Submit with Building Permit all Resolutions, Ordinances, and Subdivision/PUD
Agreement.
8. Include all fences, retaining walls or berms in plans.
Eneineerin~ Department (Trisha Nelson): requests the following information and
has the following comments. These comments aze not intended to be exclusive, but an
initial response to the project packet submitted for purpose of the DRC meeting.
Transportation
1. Driveways -Specify all driveway locations and widths. Standazds depend on
zoning district.
2. Parking Lots -Specify turning radius, mazkings, and handicap locations.
3. Streets - If the longitudinal edge of a street patch falls within the existing wheel
tracks, the patch shall extend to the full width of the lane. A minimum patch
dimension shall be two feet. A signing and pavement marking plan must be
submitted as part of the design documents.
4. Traffic - A traffic study shall be conducted as needed to determine impacts of
new development.
Page 2 of 8
Exhibit E, DRC Comments P47
Drainaee
1. General -Project packet must include a discussion of anticipated and proposed
drainage patterns, detention storage and outlet concepts.
2. Floodplain -Where applicable, 100-yr floodplain and floodway boundazies shall
be defined.
3. Storm Sewer System -Project drainage requirements may include construction
of new storm sewer line, minimum 15" diameter CMP to connect to existing
storm sewer system. A Stormwater System Development Fee shall be assessed
against all properties at the time of development or redevelopment of the
property. The fee shall be assessed against the total impervious area of the
development, not simply the increased impervious azea, minus the amount of any
stormwater system development fee actually previously paid by the landowner or
the predecessor of the landowner for connection to the stormwater system.
4. Drywells -Minimum 10' deep and 10' from property line and foundation.
Percolation tests must show that the soil will drain the 5-yr runoff volume in 36
hours. Seasonal high groundwater level must be 2' below the bottom of the dry
well.
Pedestrian Improvements
1. General - In accordance with the City's Sidewalk, Curb and Gutter Master Plan,
property owners aze required to install and maintain sidewalk, curb and gutter
along the street frontage adjacent to their properties. Properties within certain
areas of the City aze not required to install sidewalk, curb and gutter. These
locations aze shown on the "Sidewalk Free Zones" and the "No Curb and Gutter
Zones" maps dated February 22, 2002. These maps are kept in the City
Engineering Department.
2. Sidewalks -Project depicts ALL sidewalk locations and widths. Sidewalk width
is based on the land use. Residential: 5'
High density and multi-family azeas: 6'
Commercial azeas 8'.
3. Warning Pads -detectable warning pads shall be installed at all curb ramps.
Curb ramps shall be directional and not diagonal.
4. Pedestrian Study - A neighborhood safety/pedestrian study shall be completed as
deemed necessary by City Engineer.
Construction Mana eg ment
1. General - A construction management plan must be submitted in conjunction
with the building permit application. The plan must include a planned sequence
of construction that minimizes construction impacts to the public. The plan shall
describe mitigation for: parking, staging/encroachments, truck traffic, noise, dust,
and erosion/sediment pollution.
Miscellaneous
1. Utilities -All above ground structures shall be located outside the public rights-
of-way.
Page 3 of 8
P48
Exhibit E, DRC Comments
2. Sight Distances -Project shall comply with proper sight distances at
intersections/driveways.
Additional Project Specific Comments
1. Level of service has not changed, but the Engineering Department would like to
see the Safety Plan that was completed for the neighborhood.
2. It sounds like on-site drainage is adequate but it needs further investigation as
project moves ahead.
3. Erosion/Sediment control is going to be very important for the property. A State
Stormwater permit with S WMP will be required as part of the construction
management plan.
4. Sidewalk plan with proper access very important and should be pursued further.
5. A meeting with Engineering and Parks shall be completed to talk about the trail
system.
Parks Department (Brian Flynn): The Pazks Department requests the following
information and has the following comments:
1. Building permit plans shall include a detailed plan submitted for stream margin
protection and stability of the hillside above the trail. The detailed plan shall
identify; Location of silt fencing and erosion control along the hillside. The City
can provide specifications if needed: minimum requirements include a silt fence
and straw bales placed in a manner preventing erosion and protect the river from
residual run-off. All of these detailed at the 15' set back from top of slope.
2. Building permit plans shall include a detailed plan submitted for Construction
staging. This plan shall detail how the construction will take place with staging,
storage of materials and locations of vehicles so that trees remaining on site will
not be impacted and remain protected.
3. Building permit plans shall include a detailed plan submitted for Tree Protection.
• Tree protection fences must be in place and inspected by the city forester
or his/her designee (920-5120) before any construction activities are to
commence.
No excavation, storage of materials, storage of construction backfill,
storage of equipment, foot or vehicle traffic allowed within the drip line
of any tree on site.
There should be a location and standard for this fencing denoted on the
plan. Current locations are identified above the 15' set back and along
the side yard set backs.
4. An approved tree permit is required before submission of the building permit set.
Contact the Pazks Depaztment for permit, 920-5120.
5. Conceptual landscape is not approved as drawn. A landscape plan will need to be
reviewed by the Pazks Department. Currently the plan calls for groupings of
Page 4 of 8
Exhibit E, DRC Comments P49
coniferous trees. These groupings are to close to each other, other species of trees
and proposed buildings to allow for proper growth and health. Proper spacing and
a detailed legend for new plantings and plantings around existing will be reviewed
by the Parks Department.
6. Plans should detail the material and width of the footpath proposed between the
two homes. This footpath shall be installed with hand excavation tools and set
around al] existing trees in a location and manner that is determined to be the least
impact. Concern for site lines should be considered when laying out the trail
connection to the aspen club trail.
7. Aspen Club Trail access or use for any construction activities is nrohibited at all
times. This includes but is not limited to truck traffio, foot traffic, storage or
materials, etc....
8. The natural stands of native landscaping located along Ute Ave should be
protected with as little disturbance to the azea as possible. The City will work with
the developer to outline a possible trail/sidewalk connection along the ROW on
Ute Ave. After receiving conceptual approval from City Council the develop
team shall meet with the Pazks and Engineering departments to design this
pedestrian and vehicular access.
9. Parks is not comfortable with the proposed change in trail alignment. The
removal of the trees for Unit 5 can be avoided by placing Unit 5 adjacent to Unit
4 on the location of the existing tennis courts.
10. Pazks requests that the ownership group locate and include in the future packets
the trail easement language for the existing Aspen Club Trail located on the North
side of the property.
Utilities/Public Works Comments (John Hines, Phil Overeynder): The Public
Works Department requests the following information and has the following comments:
All previous comments apply from original review.
a. Make sure that nothing from the 19'76 PUD water rights agreement is
changes as part of this current project.
b. A detailed utility plan including fire system requirements needs to be
completed and submitted for approval.
c. Details of how the mechanical room water distribution to the townhouse
needs to be thought out. This distribution of service may be in conflict
with the IRC. A service agreement may be needed for this option type.
d. It needs to be confirmed that the 3-hydrants shown aze adequate for the
new land use.
Page 5 of 8
P50
Exhibit E, DRC Comments
e. There is a planned replacement of roughly 10001.f. of existing waterline
in Ute Avenue scheduled. This topic should get further attention as the
project progresses to ensure construction coordination.
2. The Water Department agrees with the plan conceptually but would have to see a
construction design before giving approval of the Water Line main loop.
3. The Water Dept. will require individual meters on all AIIU's.
4. Snow storage and drainage aze of a concern and would like to review the drainage
plan for approval.
Building Department (Denis Murray): The Building Department requests the
following information and has the following comments:
1. The Construction Management Plan must include cleaz exits, pazking, access, etc
while the Club continues to operate while also under construction.
2. The IRC shall be used for the fractional and affordable units.
3. Ensure all units meet the accessibility and exiting requirements.
4. This project will need to comply with all applicable efficient building standards.
ACSD (Tom Bracewell): The Aspen Consolidated Sanitation District requests the
following information and has the following comments:
1. The district will require a conceptual sanitary sewer utility plan for this
development before committing to serve the proposed project. The plan must be
acceptable and beneficial to the owner, the district, and the Silver Lining Ranch.
2. Service is contingent upon compliance with the District's rules, regulations, and
specifications, which aze on file at the District office.
3. ACSD will review the approved Drainage plans to assure that cleaz water
connections (roof, foundation, perimeter, patio drains) aze not connected to the
sanitary sewer system. The district will require that the applicant verify that the
existing building's roof drains do not dischazge the sanitary sewer system.
4. On-site utility plans require approval by ACSD.
An Oil and Grease Intercentor (NOT an under the counter All ACSD fees must be
paid prior to the issuance of an excavation/foundation or access/infrastructure
permit. Peg in our office can develop an estimate for this project once detailed
plans have been made available to the district. trap) located outside the building
will be required for the Aspen Club's Cafe.
6. Oil and Sand sepazators are required for parking gazages and vehicle maintenance
establishments.
Page 6 of 8
Exhibit E, DRC Comments P51
7. Driveway entrance drains must drain to drywells.
8. Elevator shafts drains must flow thru o/s interceptor
9. Old service lines must be excavated and abandoned at the main sanitary sewer
line according to specific ACSD requirements.
10. Below grade development may require installation of a pumping system.
11. One tap is allowed for each building. Shazed service line agreements may be
required where more than one unit is served by a single service line.
12. Permanent improvements aze prohibited in sewer easements or right of ways.
Landscaping plans will require approval by ACSD where soft and hard
landscaping may impact public ROW or easements to be dedicated to the district.
13. All ACSD fees must be paid prior to the issuance of an excavation/foundation or
access/infrastructure permit. Peg in our office can develop an estimate for this
project once detailed plans have been made available to the district.
14. Where additional development would produce flows that would exceed the
planned reserve capacity of the existing system (collection system and or
treatment system) an additional proportionate fee will be assessed to eliminate the
downstream collection system or treatment capacity constraint. Additional
proportionate fees would be collected over time from all development in the azea
of concern in order to fund the improvements needed.
15. Where additional development would produce flows that would overwhelm the
planned capacity of the existing collection system and or treatment facility, the
development will be assessed fees to cover the costs of replacing the entire
portion of the system that would be overwhelmed. The District would fund the
costs of constructing reserve capacity in the area of concern (only for the material
cost difference for lazger line).
16. Since it is appazent at this level of approval that the district's main sanitary sewer
lines will be modified to serve the new proposed development, a line extension
request and collection system agreement aze required. Both aze ACSD Boazd of
D'irector's action items.
17. New easements will be required for the sanitary relocation according to standard
district form. Additional access and maintenance easements maybe required
depending on the final sanitary sewer utility plans.
18. The applicant will need to provide plans showing that the pool drain sizes
conform to district regulations.
19. Applicant will be required to deposit funds with the district for plan review fees,
construction observation fees, fees to clean and televise the new main sewer line
extension into the project.
Page 7 of 8
P52
Exhibit E, DRC Comments
20. The Applicant will have to pay 40% of the estimated tap fees for the anticipated
building stubouts prior to building permit.
21. The glycol heating and snow melt system must be designed to prohibit and
dischazge of glycol to any portion of the public and private sanitary sewer system.
The glycol storage azeas must have approved containment facilities.
22. The district will be able to respond with more specific comments and
requirements once detailed building and utility plans aze available.
23. Soil Nails aze not allowed in the public ROW above ASCD main sewer lines and
within 3 feet vertically below an ACSD main sewer line.
Page 8 of 8
~~~b+ I- ~ P53
Aspen Club Living
Current and Envisioned Public Benefits of Project
The Aspen Club's core mission is to serve the health and wellness needs of our members and the
lazger Aspen community. Through this project, Aspen and the Aspen Club have a unique
opportunity to do something exceptional at the Club site which can raise the standazd for
personal and community health in Aspen.
The Aspen Club's proposed LEED for Neighborhood Development certified healthy living
community has the potential to become an internationally renowned model for sustainable,
healthy living development. It further cements Aspen's standing as an environmental leader in
this country, which is an positive benefit for Aspen.
This project is vital to the long term sustainability of the Aspen Club and, to a lesser extent,
Aspen. The Aspen Club today is a cornerstone of the Aspen Community and supports Aspen in
a myriad of ways. Through Aspen Club Living, the Aspen Club will remain a vibrant business
in this town.
We are requesting SPA designation for two specific azeas of the project: On site affordable
housing and on site interval ownership housing.
Designation as an SPA will allow the Aspen Club to build on site affordable housing to house up
to 26 of our employees. Through this on-site affordable housing, we will eliminate the daily
commute for many of our employees, remove traffic from the entrance to Aspen, and create the
opportunity for more employees to live in Aspen and to become an integral part of the Aspen
community -- all of which aze key goals of the Aspen Area Community Plan and important
public benefits.
The SPA designation will also allow the Aspen Club to build on site interval ownership housing.
The addition of interval ownership housing to the Aspen Club will enable many community
serving public benefits. It will create growth opportunities for our entire staff to enhance their
careers and earning potential through more consistent customer flow and increasingly diverse
and exciting programming. These types of long-term cazeer opportunities are essential to
keeping quality people in our town which is an important public benefit and directly in line with
the Aspen Area Community Plan.
The interval ownership housing will allow us to develop programs which will create
opportunities for community members to explore health and vitality issues at a sophisticated
level that does not exist today. This is described further below.
Through the SPA designation and the interval housing, this project will improve the Club's
ability to directly enhance the Aspen economy as envisioned in the Aspen Area Community
P54
Plan. As a locally owned and locally serving business that is locally involved, this project
directly supports our community and helps maintain a yeaz-round healthy and vibrant economy.
Importantly the interval ownership housing will allow the Aspen Club to remain a vital
community serving organization and enable us to both maintain and expand our already
extensive public serving benefits.
Below aze some additional specific ways the interval ownership housing will enable Aspen Club
Living to provide public benefits.
Support for Non Profits
Through this process the Club will continue to be one of the largest single backers of non-profit
organizations up and down the valley. Below aze some of the chazities in the valley we have
supported with direct contributions in the past two yeazs:
Action in Africa
Amanda Boxtel personal benefit
Aspen Center for Integral Health
Aspen Chapel
Aspen Community School
Aspen Education Foundation
Aspen Gay Ski Week
Aspen Junior Hockey
Aspen Music Festival and School
Aspen Santa Fe Ballet
Aspen Theatre in the Pazk
Aspen United Soccer Club
Aspen Valley Hospital
Aspen Valley Medical Foundation
Aspen Valley Ski & Snowboazd
Club
Aspen Writers Foundation
Aspen Youth Experience
Cancer Survivor Center for Health
and Wellbeing
Challenge Aspen
Colorado Rocky Mountain School
Compass/Eazly Childhood Center
Grassroots Television
Heldman / King Memorial
Scholazship Fund to benefit the
Aspen, Basalt and Roaring Fork
High School Seniors
Jim Hageland personal benefit
John Lassalette personal benefit
KJAX Radio Fund Drive
Komen Aspen Foundation
National Brotherhood of Skiers
P55
Neighbor to Neighbor
Ride for the Cure
Roaring Fork Conservancy
Roazing Fork Outdoor Volunteers
Scott Norris personal benefit
Shining Stars Foundation
Stirling Cup Classic
Storm the Stazs Event
The Aspen Art Museum
The Aspen Given Foundation
The Buddy Program
The Chris Klug Foundation
The Eazly Learning Center
Thunder River Theatre Company
Wildwood School
Winterskol Canine Fashion Show
Winterskol Hike for Hope to benefit
Musculaz Dystrophy
In the future, with a vital Aspen Club provided by the SPA designation, this type of community
outreach and support will continue and expand. Some of the charities will change, many will
stay the same, but as a member of this community The Aspen Club will continue to be active and
involved.
Project Graduation
Each year the Aspen Club hosts Aspen Senior Project Graduation. Through Aspen Club Living
and the SPA designation this event can continue to be held at the Club, in an improved facility.
This event is put on by the Junior & Senior pazents with the support of many businesses in the
community. The Aspen Club & Spa is honored to host an event that provides the graduates with
an opportunity to spend one last evening with their fellow classmates full of fun and excitement
in a safe, drug & alcohol free environment on such a special day in their lives.
Free memberships and training for Local Athletes
Over the past yeazs the Aspen Club has been a major supporter of numerous local athletes. In
addition to many local high school athletes, some of the more well known professional athletes
we have supported are:
Anda Rojas
Carie Vickers
Casey Puckett
Chris Klug
Gretchen Bleiler
Katie Monahan
Chris Davenport Levi Borst
P56
Mike Mazolt
Steve Marolt
Travis McClain
The improved programming, facilities and capabilities that will be enabled by our interval
ownership programming will be utilized by out local athletes to further enhance their training.
Through the SPA designation, Aspen Club Living will be able to provide local athletes with
better support in helping them achieve their dreams.
Free space for local charities
The Aspen Club knows how difficult it is to find affordable space in the town of Aspen. We aze
proud to have been able to provide free office space to two local chazities in our facility:
Komen Aspen
The Aspen Affiliate of Susan G. Komen For The Cure®! Was established in 1990 by
Sandra Goldman Israel. We have housed Komen at the Aspen Club for over four years.
Komen Aspen serves a tri-county service azea that includes the region from Battlement
Mesa to Vail, CO as well as the Roaring Fork Valley. They aze the only agency in our
service azea that provides grants and direct outreach to educate the public about breast
health. Through their grants they are able to provide local women with low-cost or even
no-cost breast screening and diagnostics. To date they have funded over $3.0 million in
community based grants in Pitkin, Garfield and Eagle Counties; provided funding for
thousands of low cost or no cost mammograms and ultrasounds; supported programs
aimed at addressing alternative therapies and the importance of mind and spirit in the
fight against breast cancer; and assisted in the purchase of state-of--the art diagnostic
equipment for all of our service area hospitals as well as technical training. We aze very
proud to be affiliated with Komen and all the great work they do.
Cancer Survivor Center for Health and Wellbeing
The mission of the Cancer Survivor Center is to optimize the quality of life of cancer
survivors. CSC was founded in eazly 2006 by Dr. Riggs Klika and provides scientifically
based fitness programming, nutritional guidance, mental health services and one-on-one
coaching in a caring, personal and professional environment. They aze an organization
devoted to increasing hope of the human spirit by providing resources to cancer
survivors. We are also very proud to be affiliated with CSC as their mission ties in with
our mission of providing support of overall well-being.
Through Aspen Club Living we would envision continuing to support local non profits in
providing affordable office space when available.
Public Lectures and Seminars held at the Club.
P57
The Aspen Club holds numerous seminazs and lectures during the yeaz. These aze all open to the
public. Some of the recent topics in this past yeaz were:
Dr. Hazry Lodge - "Younger Next Year"
Dr. Glenn Ongley - "Non-surgical Reconstructive Options"
Dr. Darcy Brown - "Supplementation for Eazly Menopause in Women"
Dawn Shepard and Dirk Shultz, Certified Wellness Coaches - "Four Part Wellness Coaching
Seminar"
Dr. Dazcy Brown - "Vitality and Health in an Aging Community"
Dawn Shepard, Certified Wellness Coach - "Wellness Options - Go Grains"
Dawn Shepazd and Dirk Shultz, Certified Wellness Coaches - "Eat Healthy -Portion Control"
Dawn Shepard, Certified Wellness Coach - "Goal Setting"
Lorraine D'Abate, Nancy Kenyon- "Is it Hot in Here or is it Me? -Mastering the Maze of
Menopause"
Kim Moore - "Women's Only Retreat -Work Smart, Live Juicy"
AFSMER -Monthly Lecture Series
With Aspen Club Living, we would be able to attract more and diverse presenters to continue to
provide free lectures and seminars to the public and as described below improve on the type of
specific health programming that we can provide.
Aspen Club Living and the funding from the interval ownership housing will enable us to create
a broad range of exceptional programming, not available today that will be available to members
and Aspen locals. Examples of the types of cutting edge healthy living programs we are
planning include:
Aspen Life Peak Performance Program
Aspen is a town that is passionate about sports. Aspen Club Living will offer continual
programs for members and non-members to work towazd their peak personal performance.
The Aspen Life Peak Performance Program is the chance to take your game to the next level,
whether you're a novice or professional athlete. With guidance from your own personal team of
expert coaches, you'll sharpen the skills, abilities and mindset needed to improve all aspects of
your performance.
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Whether you want to improve your skills, run faster, climb higher, bike hazder, train more
efficiently, enhance concentration, learn to relax or find your way to the perfect putt, our
integrated professional team will coordinate efforts and expertise to boost your athletic
performance.
Aspen Life Health Proerams
Through Aspen Life we will be able to delve into a specific health topic with a customized
experience, lasting from one week to many yeazs, that we cannot do today, that addresses
individual concerns. Aspen Club Living will offer continual programs for members and
community members to focus on specific issues affecting their health. Specific programs that
would be available for public participation could include:
Aspen Life Stress Management
With our Aspen Life Stress Management program, you'll learn how to control your
body's response to stress with a basic prevention evaluation, heart rate variability test, and
behavioral health consultations.
Aspen Life Weight Management
Permanent weight loss and maintenance depend on following along-term plan. We can
develop the best strategies for you. This program includes a comprehensive
medical/nutrition weight-loss consultation, exercise for weight loss session and a
behavioral health consultation.
Aspen Life -Living with Diabetes Program
Living with Diabetes can be a challenge. Let an experienced team of Aspen Club
professionals work with you to unravel the mysteries of blood glucose levels, exercise
and healthy eating. Leazn how to effectively manage your diabetes and enhance your
ability to live a healthy life.
Aspen Life Integrative Medicine Program
Our comprehensive integrative medicine package is ideal for people with multiple
medical issues or symptoms or those who need more education on using this approach.
You will meet with a physician and nutritionist who will offer recommendations and
prepaze a personalized integrated treatment plan.
We envision that all of these programs would be run on a continual basis with certain
weeks of the year scheduled for very specific seminazs and retreats focusing in defined
azeas.
Heart Health
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This weeklong program is for people who aze at risk for heart disease or have had a heart
attack can learn strategies for taking a more active role in prevention and recovery.
Aspen Women's Retreat
This weeklong program is developed for women in midlife and focuses on issues such as
life balance, developing and enjoying a healthy lifestyle, understanding your body's
changes and dealing with unexpected challenges.
Thriving with Arthritis
This weeklong program is focused on helping people with arthritis, fibromyalgia,
osteoporosis, and lupus enjoy a more active lifestyle through a combination of exercise,
nutrition and stress management.
Optimal Aging
This weeklong program explores how to live better longer with the right combination of
diet, exercise and stress management.
Summazy
Through the SPA designation and the creation of Aspen Club Living, the Aspen Club will be
able to provide a myriad of current and additional public benefits to the Aspen Community.
Through the on-site affordable housing, we will eliminate the daily commute for many of our
employees, remove traffic from the entrance to Aspen, and create the opportunity for more
employees to live in Aspen and to become an integral part of the Aspen community -- all of
which aze key goals of the Aspen Area Community Plan and important public benefits.
The addition of the interval ownership housing to the Aspen Club will enable us to continue and
expand the many community serving public benefits described above. It will create growth
opportunities for our entire staff to enhance their cazeers; it will allow us to develop programs
which will create opportunities for community members to explore health and vitality issues at a
sophisticated level that does not exist today; it will add to the economic vibrancy of the
community; and it will allow the Aspen Club to remain a vital community serving organization
and both maintain and expand our already extensive public serving benefits, such as supporting
local charities, Project Graduation and local athletes.
In summary, this project throught the SPA designation will provide extensive and unique public
benefits to the Aspen community.