HomeMy WebLinkAboutagenda.apz.20090929AGENDA
ASPEN PLANNING AND ZONING COMMISSION
SPECIAL MEETING
TUESDAY, September 29, 2009
4:30 p.m. -Sister Cities Room
CITY HALL
I. ROLL CALL
II. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
III. MINUTES
IV. DECLARATION OF CONFLICT OF INTEREST
V. PUBLIC HEARINGS:
A. 1450 Crystal Lake Road -Aspen Club Redevelopment, Final
Specially Planned Area and associated reviews
VI. OTHER BUSINESS
VII. BOARD REPORTS
VIII. ADJOURN
Next Resolution Number: 15
P1
MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Jennifer Phelan, Community Development Deputy Director
FROM: Jessica Garrow, Long Range Flanner~{t~/"~
RE: 1450 Crystal Lake Road -Final SPA, Final PUD, Final Timeshare,
Multi-Year Growth Management, Affordable Housing Growth
Management, Stream Margin, and Subdivision Reviews
Resolution No. ~ ~ Series of 2009
MEETING DATE: September 29, 2009
APPLICANT /OWNER:
Aspen Club and Spa, LLC
REPRESENTATIVE:
Sunny Vann, Vann Associates, LLC
LOCATION:
] 450 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 final PUD, final SPA,
final Timeshare, Growth Management Reviews,
Stream Margin Review, and Subdivision
Review in order to develop 20 timeshaze units,
12 affordable housing units, and 132 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 require that the applicant eliminate
units 5 & 6 prior to proceeding to City Council.
Aspen Club building'and location.
STAFF NOTE: The
previously provided
Contact Jessica if yot
Application has been
to the Commission.
need another copy.
REQUEST OF THE PLANNING AND ZONING COMMISSION: The review of an SPA,
PUD, and Timeshare is a four step review process. Step one is conceptual review before the
1 Aspen Club P&Z 9.29.09
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Planning and Zoning Commission, step two is conceptual review before City Council, step three
is final review before P&Z (this public hearing), step four is final review before Council. The
Applicant is requesting the following land use approvals from the Planning and Zoning
Commission to redevelop the site:
Planning and Zoning Commission Approvals:
• Stream Margin approval for development within 100 feet of the high water line of the
Roaring Fork River, pursuant to Land Use Code Chapter 26.435.040, Stream Margin
Review (The Planning and Zoning Commission is the final review authority.)
A Growth Management Review (Chapter 26.470.040.0.7, Affordable Housing) for the
development of affordable housing. (The Planning and Zoning Commission is the final
review authority.)
City Council Approvals:
• Final PUD approval for the construction of Affordable Housing and Timeshare Lodge
pursuant to Land Use Code Chapter 26.445, Planned Unit Development. (City Council is
the final review authority after considering a recommendation from the Planning and
Zoning Commission).
• Final SPA approval for the construction of Affordable Housing and Timeshaze Lodge
pursuant to Land Use Code Chapter 26.440, Specially Planned Area. (City Council is the
final review authority afrer considering a recommendation from the Planning and Zoning
Commission).
• Subdivision approval for the creation of multiple affordable housing units and timeshaze
units and subdividing the lot into 5 new lots pursuant to Land Use Code Chapter 26.480,
Subdivision (Gifu Council is the final review authority after considering a
recommendation from the Planning and Zoning Commission);
• Rezoning to include an SPA Overlay pursuant to Land Use Code Chapter 26.310,
Amendments to the Land Use Code and Offcial Zone District Map (City Council is the
final review authority afrer considering a recommendation from the Planning and Zoning
Commission);
• A Multi-Yeaz Growth Management Review (Chapter 26.470.090.1, Multi-year
development allotment) for the development of lodge pillows. (City Council is the final
review authority after considering a recommendation from the Planning and Zoning
Commission).
• A seven (7) yeaz Vested Rights period (Chapter 26.308, Vested Property Rights). (City
Council is the final review authority.)
Administrative Reviews:
Condominiumization (Chapter 26.480.090, Condominiumization) to demarcate
ownership of the timeshare units. (This is an Administrative Review that is completed
after all other reviews have been granted.)
Aspen Club P&Z 9.29.09
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BACKGROUND:
The Aspen Club is located in the Rural Residential (RR) zone district and currently has a PUD
overlay. The Club is pazt of the Callahan Subdivision and PUD, which was initially approved in
1976. The original approval included sixteen (16) lots. Lot 14A was designated as a parking
facility for the use and benefit of the clubhouse and recreational facility that was proposed on Lot
15 (the current location of the Aspen Club). The parking area on Lot 14A includes thirty-five
(35) spaces, and is accessed from Lot 15 via a bridge over the Roaring Fork River and through
Lot 14.
A number of PUD Amendments have been made to the Callahan Subdivision since the original
approval. These included expanding the Club to 72,409 sq. ft., splitting Lot 14 into Lots 14E and
14W (each has asingle-family home now), and adding fifty-six (56) parking spaces on Lot 15.
Lot 15 is zoned Rural Residential (RR); this is the only zone district within the city that permits a
recreational facility.
The existing Aspen Club lot includes a large grade change between the Club facility and surface
parking, and the tennis courts. The tennis courts are located nearly ten (10) feet lower than the
surface parking. This memo will refer to "benches", with the "upper bench" indicating the Club
building and surface pazking lot, and the "lower bench" representing the tennis courts.
A similar application was made in 2004, but was withdrawn at City Council. Since that time the
Applicant has refined the proposed health/wellness program, and better articulated the operation
of the timeshaze units.
The Aspen Club is located on Ute Avenue. The site is located near the urban/rural fringe, and as
such has a more rural feel than other areas of town. Ute Ave has a variety of uses, including
non-profit (Silverlining Ranch), commercial (Benedict Office Building), affordable housing,
free-mazket housing (both single family and multi-family), and short term accommodations (The
Gant functions as short term accommodations, though it is technically multi-family residential).
Immediately across the river from the Club are two single family homes (Lots 14E & 14W),
zoned Moderate-Density Residential (R-15) with a PUD overlay. The Benedict Office Building
is located immediately west of the Aspen Club. This parcel is zoned Rural Residential (RR) with
a PUD overlay and an SPA overlay. The building contains commercial and residential uses, and
the SPA was established to permit commercial uses. Also immediately to the west of the Aspen
Club is the 10`h Mountain Division affordable housing, also zoned Rural Residential (RR) with a
PUD overlay and an SPA overlay. Immediately to the east of the Club is the Silverlining Ranch,
zoned Academic (A) and Conservation (C) with an SPA Overlay. The SPA was established to
allow the Silverlining Foundation's activities with sick kids and to establish dimensional
requirements. Across Ute Avenue to the North are the Ute Park Townhomes, zoned Affordable
Housing (AH) with a PUD overlay.
PROJECT SUMMARY:
The Applicant is proposing to add twenty (20) new timeshare units to the Aspen Club property.
Fourteen (14) of these units aze stand alone "townhouse" units that aze in four groups. Six (6) of the
units aze proposed to be added to the existing Club building (the "club" units). This is the same unit
number and mix that was approved conceptually.
3 Aspen Club P&Z 9.29.09
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The Applicant also proposes twelve (12) affordable housing units. These units aze all proposed to
be 2-bedroom, and will be a mix of Category 2, 3, and 4. This is the same unit count and mix as
proposed at conceptual review. A total of 132 pazking spaces are proposed for the development.
This is one less space than was proposed at Conceptual Review. The decrease is a result of needing
additional access stairs from the subgrade gazage.
Lottine•
The Applicant is proposing to subdivide Lot 15 into 5 new lots, as follows:
• Lot 1: Contains the Club, the subgrade and surface pazking, and other open areas
• Lot 2: Contains the "club" units
• Lot 3: Contains the "townhouse" units that aze on the lower "bench"
• Lot 4: Contains the "townhouse" units that are on the upper "bench"
• Lot 5: Contains the Affordable Housing units
Lot 2 is an "air rights lot." It has no land area associated with it, as it is located between the floor
and ceiling of a portion of the club building. The Applicant is proposing this kind of subdivision so
the Club can be retained and owned entirely separate from the timeshare owners. The Application
Appendix (Exhibit 4 of Appendix D) explains the subdivision proposal. The City Attorney's Office
has reviewed the proposal and believes it complies with the Colorado Revised Statutes and City
Code.
Dimensional Requirements:
The applicant's proposal in terms of mass and scale has not changed from the conceptual approval.
However, additional dimensional vaziances are needed because of the subdivision request. The
dimensional table below outlines the proposed dimensional requirements. When listing the
dimensional requirements, all front yazd setbacks aze the south side of the lots, all the rear yard
setbacks are on the north side of the lots, and all the side yazd setbacks aze the east and west sides of
the lots.
Underlying
RR Proposed Dimensional Requirements Dimensional Requirements Zone District
Dimensional for subdivided Tots based on fathering parcel Dimensional
Requirement Re uirements
Lot I : 3.702 acres or 161,259 sq. ft. Total Lot Area: 4.941 acres,
Minimum Lot Lot 2: N/A
or 215,232 sq. ft.
Size Lot 3: 0.264 acres or 11 499 sq. ft.
Lot Area after Slope 2.0 acres
Lot 4: 0.716 acres or 31,188 sq. ft.
Reduction: 171,047 sq. ft.
Lot 5: 0.260 acres or 11,325 s . ft.
Minimum Lot Multi-Family:
Area per N/A N/A N/A
dwelling unit Lodge: N/A
Lot 1: 305 Feet
Lot 2: N/A
Minimum Lot Lot 3: 135 Feet 370 Feet 200 Feet
Width Lot 4: 266 Feet
Lot 5: 95 Feet
4 Aspen Club P&Z 9.29.09
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Underlying
RR Proposed Dimensional Requirements Dimensional Requirements Zone District
Bimensional for subdivided lots based on fathering parcel Bimensional
Requirement Re uirements
Lot 1: 30 feet above grade, 5 feet below
grade
Minimum Lot 2: N/A 7.5 Feet for Affordable 30 Feet
Front Yard Lot 3: 10 feet Housing Units
Setback Lot 4: 0 feet
Lot 5: 7.5 feet
Lot 1: 0 feet above and below grade
Minimum Side Lot 2: N/A 5 Feet on east side for
Yard Setback Lot 3: 10 feet Affordable Housing Units. 20 Feet
(East Side) Lot 4: 20 feet
Lot 5: 5 feet
Lot 1: 60 feet above grade for building,
20 feet above grade for garage access
Minimum Side stair, 5 feet below grade 5 Feet on west side for
Yard Setback Lot 2: N/A subgrade garage; 20 feet for 20 Feet
(West Side) Lot 3: 20 feet timeshare Unit 1.
Lot 4: 5 feet
Lot 5: 0 feet
Lot 1: 100 feet (15 feet from Top of
Slope)
Minimum Rear Lot 2: N/A 100 Feet 20 Feet
Yard Setback Lot 3: 10 feet
Lot 4: 10 feet
Lot 5: 10 feet
Townhouse Units (Lots 3 & 4) Affordable Housing Unit
Pitched Roofs (Units 1, 7, 14): 28 feet 11, Northwest Corner: 32
Flat Roofs (Units 2-5, 8-13): 28 feet feet
Club Units (Lot 2): 28 feet Affordable Housing Unit
Maximum Affordable Housing Units (Lot 5): 28 12, Northwest Corner: 41
28 Feet
Height feet with the following exceptions: feet
Unit 11, Northwest Corner: 32 feet
Affordable Housing Unit
Unit 12, Northwest Corner: 41 feet 12, Southwest Comer:
Unit 12, Southwest Corner: 31.25 feet 31.25 feet
Aspen Club Building (Lot 1): 28 feet
Minimum % N/A N/A N/A
Open Space
Total FAR:.55:1 Total FAR:.55:1 Single-family:
Total: 94,750 sq. fr. Total: 94,750 sq. ft. Same as R-15
Allowable Multi-family (affordable housing units): Multi-family (affordable zone district
Floor Area 12,390 sq. fr. housing units): 12,390 sq. ft. Multi-family:
Lodge: 50,490 sq. fr. (Townhouse Units: Lodge: 50,490 sq. fr. N/A
34,410 sq. ft.; Club Units: 16,080 s . fr.) (Townhouse Units: 34,410 Lodge: N/A
Aspen Club P&Z 9.29.09
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RR
Dimensional
Requirement
Proposed Dimensional Requirements
for subdivided lots
Dimensional Requirements
based on fathering parcel Underlying
Zone District
Dimensional
Re uirements
Commercial (Club): 31,870 sq. ft. sq. ft.; Club Units: 16,080 sq. Commercial: N/A
ft.)
Commercial (Club): 31,870
s . ft.
Lodge:.5 spaces
per key (20
132 spaces total: 132 spaces total: spaces)
Lodge: 20 spaces Lodge: 20 spaces Club and Spa: 1
Minimum Off- Aspen Club and Spa: 95 spaces (60 Aspen Club and Spa: 95 space per 1000
Street Parking spaces on Lot 1; 35 spaces on Lots 14A spaces (60 spaces on Lot 1; sq. ft. of net
& 14W) 35 spaces on Lots 14A & leasable (43
AH units: 17 spaces 14W) spaces)
AH units: 17 spaces AH units: 1 space
per unit (12
s aces)
Parkine::'
Lot 15 currently contains fifty-six (56) pazking spaces and Lot 14A currently contains thirty-five
(35) pazking spaces, for a current parking level of ninety-one (91) spaces. The Applicant proposes
reducing the number of surface pazking spaces on Lot 15 from fifty-six (56) to thirty-nine (39),
adding fifty-three (53) spaces in a sub-grade gazage on Lot I5, and five (5) spaces in front of the
affordable housing units that will be signed for short-term pazking. The thirty-five (35) existing
space on Lot 14A will remain. This brings the total parking to:
Lot 15: 97 spaces
Lot 14A: 35 spaces
Total: 132 spaces
(net increase of 41 spaces)
Access to the sub-grade pazking gazage will be provided along Ute Ave, and access to the spaces on
Lot 14A will be maintained via the path over the River. Twenty (20) of the spaces aze dedicated to
the timeshaze units and will be in the subgrade garage. Seventeen (17) of the spaces aze dedicated
for the affordable housing units -twelve (12) of these will be for long term storage of cars and will
be provided in the sub-grade gazage; the other five (5) will be for short term parking and will be
located above grade in front of the affordable housing units. Ninety-six (96) spaces will be
dedicated to the Club use (these consist of 22 sub-grade garage spaces, 39 surface pazking spaces,
and 35 spaces on Lot 14A).
Timeshare Units:
The proposal includes twenty (20) timeshaze units, divided into fourteen (14) "townhome" units and
six (6) "club" units. The club units will be added to the existing Club building, while the townhome
units will be stand alone units.
The townhome units aze divided into four sepazate two-story structures, consisting of ten (10)
three-bedroom units and four (4) four-bedroom units. Lock offs are proposed in these units to
6 Aspen Club P&Z 9.29.09
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permit flexibility (for instance athree-bedroom unit could be locked off to include aone-
bedroom unit with a kitchen and atwo-bedroom unit), which results in a total of twenty-eight
(28) separately occupiable divisions or keys (14 units with 141ock-offs). Three of the two-story
structures are located on the "lower bench" of the property, where the tennis courts currently
exist. The townhouse units will range in size from 2,310 sq. ft. of floor area to 2,740 sq. ft. of
floor area.
The six (6) club units consist of four (4) three-bedroom units and two (2) two-bedroom units.
The lock-offs proposed for these units will enable them to be used as eight (8) one-bedroom
hotel-style units (no kitchen) and four (4) two-bedroom suites (with a kitchen). The lock-offs
will contain six lock-off bedrooms, for a total of twelve (12) keys. The club units will range in
size from 1,670 sq. ft. of floor azea to 2,150 sq fr of floor area.
The total number of lodge keys proposed as part of this development is:
Townhomes: 28 keys
Club Units: 12 keys
Total: 40 keys
Each fraction interest purchaser will own an undivided 1/8 fee interest in a specific unit along
with an undivided interest in the common elements. There are a total of 160 separate timeshare
interests (20 units x 8 estates per unit). The conceptual application proposed undivided 1/16
interests, for a total of 320 separate timeshare interests (20 units x 16 estates per unit).
The proposed units will be used by owners in two two-week fixed blocks of time for 32 weeks of
the year (two fixed weeks from approximately December 15 through April 15 and two fixed
weeks from June 1 through September 30). The dates will be fixed, so the same group of people
will visit the Club at the same time each year. In addition, each owner will be able to reserve up
to two weeks of time during the spring and fall "mid-seasons" on a first come, first served basis.
When the units are not used by owners, the units will be available for nightly rental or for use in
one-week increments.
The Applicant proposes building these units to LEED for homes standards.
Affordable Housine:
The Application includes twelve (12) affordable housing units in a three-story structure. Nine
(9) of the units will contain 955 sq. ft. of net livable azea and three (3) of the units will contain
860 sq. fr. of net livable area. The proposal is for a mix of Category 2, 3 and 4 units, and the
units are proposed to be rentals controlled by the Aspen Club and Spa in order to ensure Aspen
Club employees have the first opportunity to live in the units.
APCHA has recommended, and the applicant has agreed, that the smaller units be Category 2,
and that the larger units be designated at Categories 3, and 4. The Applicant proposes building
these units to LEED for homes standazds.
Vestin
The applicant is requesting a seven (7) yeaz vesting period. State Law, as well as the Land Use
Code allow for a three (3) year vesting period. The applicant is requesting a longer vesting
period because of the uncertainty of the national economy.
7 Aspen Club P&Z 9.29.09
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Healthy Livine Proposal:
The Applicant's over-arching goal with this proposal is to create an integrated healthy-living
community that the fractional owners, Club members, and the general public can participate in.
Different health and wellness programs will be offered throughout the yeaz for timeshare owners
and community members to take part in (for instance a cancer survivors program, yoga retreat,
etc).
The application outlines six key concepts that form the basis for the "Aspen Club Living"
proposal:
1. Demonstrate leadership in the area of sustainable development. The applicant is
striving to have fewer impacts to the community after the project is completed
compared to the current impacts. The applicant has committed to no growth in traffic
levels on Ute Avenue and to maintain or reduce the carbon footprint of the lot after
development.
2. Demonstrate what defines a healthy neighborhood and a healthy lifestyle. The
proposal has been accepted into the new LEED for Neighborhood Development (LEED-
ND) Pilot Program, and the Applicant intends for the project to "provide a landmark
sustainable environment for a healthy lifestyle in healthy buildings."
3. Improve the neighborhood. The applicant is implementing a safety plan for Ute Ave,
including the installation of curb and gutter, and speed reducing measures (speed bumps
and humps). The applicant is also providing a trail easement along their property to
• complete the Ute Ave trail.
4. Be a leader in energy conservation. The Applicant has committed to reducing the
Club's cazbon footprint from today's levels by using geothermal ground source heat
pumps, using solar photovoltaic panels to generate a significant portion of the Club's
electricity, and reducing existing heating/cooling loads by upgrade HVAC systems,
insulation, etc. Details on the applicant's energy savings proposals are in the
Applicant's Appendix (Exhibit 2 of Appendix D).
5. Benefit the Club's current members, employees, guests and the Aspen community.
The applicant anticipates 7 million dollars of investment in the Club as a result of this
development proposal. This money will help pay for an upgraded HVAC system, new
programs and activities, outdoor fitness azeas, an outdoor pool area, new equipment, and
new locker rooms.
6. Directly support and promote its employees. The applicant states that the development
proposal will allow for increased employment opportunities for club employees. This
would occur because of more consistent business that results from the timeshare units
and because of the planned expansion of programming and activities beyond the current
offerings.
In terms of trarisportation, the applicant has committed to the following steps in an effort to
minimize automobile use in the project and to ensure there is no increase in traffic beyond
today's levels (see Exhibit L, the Applicant's revised TDM Plan, for more details on this plan):
• Implement paid parking as an auto-disincentive;
• Increase Shuttle service to the Club and maintain regular pick-ups are locations
throughout the City;
8 Aspen Club P&Z 9.29.09
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• Purchase alternative fuel cars for use by the Club's timeshare owners, employees, and
guests;
• Provide pick-up service at the Airport to discourage car rentals by timeshare owners;
• Require all Club employees to carpool, take public transportation, or use the Club's
Shuttle service;
• Participate in the City's Car Sharing Program; and
• Create a bicycle sharing program.
The Applicant intends to continue the use of the Club as a day-use health and fitness center,
while' adding an additional "Aspen Club Living" component that provides more healthy living
programming.
STAFF COMMENTS:
SPECIALLY PLANNED AREA:
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 lodge use and ~nulti-
family housing use (the proposed affordable housing) on the property.
While the site is quite large, there are significant slopes, a required Stream Margin buffer, and a
sewer easement that create 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 area than the existing tennis courts have. Strong attention to the
relationship between the new development and the riparian area should be considered.
There are no protected view planes in the vicinity, but Staff believes it is important to retain the
perception of the riparian corridor from the center of the site. The applicant made a number of
changes to the architecture and site plan during the conceptual review process in an to address
staffs concerns, however staff does not believe these changes go far enough to ensure the
riparian area is made prominent in the design. The site is located near the urban/rural fringe, and
as such has a more rural feel than many other parts of town. The location at the end of Ute
Avenue also contributes to a more rural feeling.
Staff recommends that "townhouse" units S m2d 6 be eliminated or relocated to provide a break
in the massing, to better fit in with the context of the area, m7d to create a clearer com2ection to
the riparian area. In addition, stafffinds that additional refnement is needed for the landscape
plan. The landscape plm2 includes a great deal of paving and feels rather formal for the setting.
Additionally, a water feature cuts through the middle of the site and does not create the kind of
connection to the riparian area that staff believes is needed. The elimination of units 5 and 6
would better achieve this connection.
PLANNED UNIT DEVELOPMENT:
The Callahan Subdivision already includes a PUD Overlay, so this application would amend the
PUD to establish dimensional requirements for the Aspen Club parcel (Lot 15). Because of the
proposed subdivision into 5 new lots, there are a number of dimensional requirements that need
9 Aspen Club P&Z 9.29.09
P10
to be amended as part of the PUD. Staff believes these dimensional variations are appropriate in
the setting given the slope changes between this azea and the adjacent parcel and Ute Avenue.
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 applicant has stated
that programming will provide opportunities for locals to participate, in addition to the timeshare
users. Staff would like to see additional information on the programming element to ensure
locals are able to attend the new health and wellness programs at the Club.
The applicant has come a long way since the initial conceptual application in terms of
transportation. The applicant has worked with the city to create a monitored Transportation
Demand Management (TDM) plan. These tools include the use of carpooling and incentives for
employees to use alternative modes of transportation, participation in the CarShaze program, the
availability of bikes for use by affordable housing residents and timeshare users, and coordinated
shuttle service for visitors. Additionally, the applicant is installing a sidewalk along Ute Ave to
create a more pedestrian friendly environment. The applicant has also committed to zero growth
in traffic as a result of this project.
Staff does have concerns about certain aspects of this PUD proposal, specifically that there is
too much mass on the site. As mentioned above, Staff has some concerns that the site plan does
not provide a connection to the riparian area. Staff believes the elimination of units S and 6
would help the project fit in better with the area context.
TIMESHARE DEVELOPMENT:
The Applicant proposes a timeshare use program for the twenty (20) lodge units. As mentioned
above, these units are divided between six (6) "club" units and fourteen (14) "townhouse" units.
The Applicant proposes 160 sepazate timeshare interests. There are twenty (20) timeshare units,
and the Applicant proposes each owner have a 1/8 deeded interest in a specific unit for two sets
of two (2) fixed weeks. The timeshare 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 two weeks or fourteen (14) days of the "float time" at any one time. Each
timeshare owner is prohibited from occupying a unit for more than thirty (30) consecutive
calendar days.
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 firnction. 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. The lodge development includes 62 bedrooms (ten 3-bedroom units,
four 4-bedroom units, four 3-bedroom units, and two 2-bedroom units). Land Use Code section
10 Aspen Club P&Z 9.29.09
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26.470.100.A.1 states that there are .5 FTEs per lodging bedroom. Therefore, the employee
generation is 31 FTEs (62 lodge bedrooms * .5 FTEs = 31 FTEs). At a mitigation level of 60%,
the required mitigation for the project is 18.6 FTEs (31 FTEs * 60% = 18.6 FTEs).
The applicant is providing twelve 2-bedroom affordable housing units. Land Use Code section
26.470.100.A.2 states that each 2 bedroom unit houses 2.25 FTEs. Therefore, the proposed 12
affordable housing units will house 27 FTEs (12 two-bedroom units * 2.25FTEs = 27 FTEs).
This is approximately 145% of the required affordable housing mitigation. No mitigation is
required as part of the Club remodel, as there is no increase in the amount of net leasable area.
The Applicant has pledged to meet all of the applicable timeshare requirements. Information on
the timeshare development instruments will be submitted as part of the final application. A drafr
disclosure statement has been provided as part of the Application Appendix (see Appendix E,
Exhibit 4 in the Application).
Staff reconunends approval of the proposed timeshare.
GROWTH MANAGEMENT REVIEW -AFFORDABLE HOUSING:
As mentioned above, the applicant is providing more affordable housing than is required by
code. The applicant is providing 12 housing units that will house 27 FTEs, when mitigation for
18.6 FTEs is required.
Staff recommends that the 12 affordable housing allotments be granted. Staff further
recommends that the affordable housing be a mix of Category 2, 3, and 4 rental units, as
outlined by APCHA and the applicant.
GROWTH MANAGEMENT REVIEW -MULTI-YEAR REVIEW FOR LODGING:
The applicant needs a total of 124 lodge allotments for the proposed development. Only 112
allotments are available in any one growth management year, so the applicant is requesting
allotments from multiple years. The review for multi-year allotments requires that the proposal
be "exceptional" (section 26.470.090.1 of the Land Use Code). Staff believes many aspects of
the proposal are "exceptional," though some changes should be made to the site plan to meet this
review.
The applicant is providing a mix of 2, 3, and 4 category affordable housing units as part of the
proposal when the code requires category 4 units. Staff believes this is a benefit to the
community and believes it contributes to the "exceptional" nature of the project. In addition, the
applicant is providing 145% of the required affordable housing. The applicant has committed to
creating no net new energy usage as a result of the development, which is a significant
commitment and contributes to the project being "exceptional." The applicant is investigating
the use of modulaz construction methods in an effort to reduce construction impacts on the
neighborhood. In terms of transportation, the applicant is committing to having no new traffic
created as a result of this project. This commitment to "zero growth" in traffic is significant and
also contributes to the project being "exceptional."
Staff does not believe the site plan is "exceptional." As mentioned in the SPA and PUD sections
above, the elimination of the water feature and units 5 and 6 is appropriate.
11 Aspen Club P&Z 9.29.09
P12
Staff recommends that 112 allotments come from the 2009 Growth Management Year and I2
come from the 2010 Growth Management Year. Staff would like to see more detail regarding
construction techniques be provided prior to final approval. Staff also recommends the
elimination of units 5 and 6 to create a more "desirable site plan and architectural design
solution. "~ Staff does not recommend in favor of the allocation of multi year lodge growth
management allotments at this time.
REZONING:
The applicant is required to rezone the property because of the creation of the SPA overlay. The
overlay is needed to allow the multi-family residential and lodging uses on the property. The
area contains a mix of uses, including short-term accommodations, affordable housing,
commercial, and free-market housing, and staff believes the SPA overlay is appropriate and is
consistent with the uses and zoning in the azea.
Staff recommends approval of the Rezoning.
STREAM MARGIN:
The applicant is required to receive a stream mazgin review because of the development
proposal's proximity to the Roaring Fork River. No development is taking place in the protected
stream mazgin azea. The applicant is dedicating a trail easement that runs through the stream
margin area. Al] the work that will be done on this trail will be conducted in conjunction with
parks Department review and will be done using hand tools. The stream mazgin area will not be
used for any construction activities.
Staff recommends approval of the Stream Margin Review.
SUBDIVISION:
The applicant is requesting a subdivision for the creation of 5 lots. The subdivision is proposed
to help facilitate the ownership, control, operation and management of the timeshaze units
separately from the Aspen Club and Spa and the affordable housing units. The affordable
housing units will be owned by the Aspen Club and rented to qualified employees of the Aspen
Club. Each of the fractional interests will own an undivided interest in Lots 3 and 4, which will
be designated as common elements in the condo and timeshare documents. The applicant will
record an easement agreement between the Aspen Club & Spa and the club units (Lot 2)
regazding maintenance, repair, and restoration of common structural features (walls, roof, etc).
Subdivision is also requested for the creation of individual ownership interests in the timeshaze
units.
Staff recommends in favor of the Subdivision Review.
VESTED PROPERTY RIGHTS:
The Applicant is requesting a vested property right for the proposed development plan for a
period of seven (7) years rather than the standazd three (3) yeaz period. The Applicant is
requesting the longer vesting period "given the current state of the national and local economy,
and the availability of financing for projects such as the proposed development."
Vesting provides an Applicant a timeframe in which the Applicant can rely on the approvals
granted in a site specific development plan. It allows the Applicant to undertake and complete
12 Aspen Club P&Z 9.29.09
P13
the development and use of said property under the terms and conditions of the site specific
development plan. Once vested, a development plan shall not be required to be amended as a
result of "any zoning or land use action by the city or by an initiated measure" during the vesting
period. If the vested rights expire, the project will be subject to any new regulations that may
impact the approval granted.
The Land Use Code typically provides for a three year vesting period and a vm•iation front that
period is at the sole discretion of the City Council. The City does have a process for extending or
reinstating vested rights (Section 26.308.101 C., Extension or Reinstatement of T/es'ted Rights).
An extension, if granted would be approved by the Ci[y Council. Staff recommends that the
longer vesting period not be granted, as it does not provide a community inside benefit.
REFERRAL AGENCY COMMENTS:
The City Engineer, Building Department, Aspen Sanitation District, Housing Department, Fire
Marshall, Attorney's Office, Environmental Health Department, Transportation Department,
Utilities and the Parks Department have all reviewed the proposed application and their
requirements have been included as conditions of approval when appropriate.
Parks 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 affordable housing proposed meets the required housing mitigation and provides housing
categories above what is required by code. APCHA has recommended that the smaller units be
designated as Category 2 units, and the large units be designated Categories 3 and 4. This has
been included as a condition of approval.
RECOMMENDATION: At this point and time, staff recommends the Planning and Zoning
Commission require that the applicant revise their plans prior to proceeding to City Council.
Specifically, staff recommends the applicant:
• Eliminate or relocate units 5 and 6 from the site plan.
• Revise the landscaping plan to consolidate the paved areas and eliminate the water
feature.
Provide more detailed information on the programming elements of the proposal.
PROPOSED MOTION: "I move to approve Resolution # ~I N), Series 2009, approving 12
Affordable Housing Growth Management Allotments and Stream Margin, and recommending
City Council approval of a Final Specially Planned Area (SPA), Final Planned Unit
Development (PUD), Final Timeshare, 124 Multi-Year Lodge Growth Management Allotments,
Rezoning, and Subdivision for the Aspen Club project."
13 Aspen Club P&Z 9.29.09
P14
Attachments:
Exhibit A -SPA Review Criteria, Staff Findings
Exhibit B - PUD Review Criteria, Staff Findings
EXHIBIT C -Timeshare Review Criteria, Staff Findings
EXHIBIT D -Growth Management Review Criteria, Staff Findings
EXHIBIT E - Rezoning Review Criteria, Staff Findings
ExHiBIT F -Stream Margin Review Criteria, Staff Findings
EXHIBIT G -Subdivision Review Criteria, Staff Findings
EXHIBIT H - DRC Comments
EXHIBIT I -Housing Comments
EXHIBIT J -Application (Bound)
ExHtBIT K -Application Appendix (Bound)
EXHIBIT L -Revised Transportation Demand Management (TDM) plan
14 Aspen Club P&Z 9.29.09
P15
RESOLUTION N0. 1 ~,
(SERIES OF 2009)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING AFFORDABLE HOUSING GROWTH
MANAGEMENT REVIEW, STREAM MARGIN REVIEW, AND
RECOMMENDING THE CITY COUNCIL APPROVE A FINAL SPECIALLY
PLANNED AREA (SPA), FINAL PLANNED UNIT DEVELOPMENT (PUD),
FINAL TIMESHARE, MULTI-YEAR DEVELOPMENT GROWTH
MANAGEMENT REVIEW, REZONING, AND SUBDIVISION, FOR THE
DEVELOPMENT OF SUB-GRADE PARKING, TWENTY TIMESHARE UNITS,
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: 273 7-181-3Z-019
WHEREAS, the Community Development Department received an application
from Aspen Club and Spa, LLC, represented by Sunny Vann of Vann Associates, LLC
requesting approval of final Specially Planned Area (SPA), final Planned Unit
Development (PUD), final Timeshare, Stream Mazgin, Affordable Housing Growth
Management Allotments, Multi-Year Grow[h Management Allotments, Rezoning, and
Subdivision, to develop a subgrade garage, twenty (20) timeshare units and twelve (12)
affordable housing units, and to redesign existing commercial spaces; and,
WHEREAS, the Applicant requests approval by the Planning and Zoning
Commission for Stream Margin, and Affordable Housing Growth Management
Allotments; and,
WHEREAS, the Applicant requests a recommendation by the Planning and
Zoning Commission to the City Council for final Specially Planned Area (SPA), final
Planned Unit Development (PUD), final Timeshare, Multi-Year Growth Management
Allotments, Rezoning, and Subdivision; and,
WHEREAS, the property is located in the Callahan Subdivision and is zoned
Rural Residential (RR) with a PUD Overlay; and,
WHEREAS, upon initial review of the application and the applicable code
standards, 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), and Timeshaze; and,
WHEREAS, dwing a duly noticed public hearing on September 29, 2009, the
Planning and Zoning Commission approved Resolution No. _, Series of 2009, by a to
-~ vote, approving Stream Margin Review and twelve (12) Affordable Housing
Growth Management Allotments, and recommending the Aspen City Council approve a
1
Resolution No,+..7 ,Series 2009
Page 1 of 8
P16
Final PUD, Final SPA, Final Timeshaze, Rezoning, one-hundred and twenty-four (124)
Multi-Yeaz Lodge Growth Management Allotments, and Subdivision; 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 standards 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
COMMISSION OF THE CITY OF ASPEN, COLORADO THAT:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, the Planning and Zoning Commission hereby approves Stream Mazgin Review and
twelve (12) Affordable Housing Growth Management Allotments from the 2009 Growth
Management Year, and recommends City Council approval of Final Specially Planned
Area (SPA), Final Planned Unit Development (PUD), Final Timeshare, Rezoning, one-
hundred and twenty-four (124) Multi-Year Lodge Growth Management Allotments [one-
hundred and twelve (112) from the 2009 Growth Management Yeaz and twelve (12) from
the 2010 Growth Management Year], and Subdivision.
Section 2: Rezonine to include SPA Overlav
Pursuant to the procedures and standards set forth in City of Aspen Land Use Code
Section 26.310, Amendments to the Land Use Code and Official Zone District Map, the
Planning and Zoning Commission hereby recommends that City Council rezone the
Aspen Club Property (Lot 15 of the Callahan Subdivision) to include an SPA Overlay.
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 standards published by the
Engineering Department. The proposal shall comply with the DRC comments from the
Engineering Department regarding transportation, drainage, pedestrian improvements,
Resolution No _, Series 2009
Page 2 of 8
P17
construction management, traffic studies, utilities and sight distances. The Applicant
shall be subject to the Stormwater System Development Fee.
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 are remaining on the site. Aspen Club Trail access
or use for any construction activities is prohibited at all times; this includes but is not
limited to truck traffic, foot traffic, storage or materials.
Prior to submittal of the final approval by City Council, 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
standards.
Section 4: Affordable Housing
The 12 on-site, two-bedroom affordable housing units shall be deed restricted to Category
2, 3 and 4. The Certificate of Occupancy (CO) for the units shall be issued prior to or at the
same time as the proposed fractional ownership units.
The units shall be owned and managed by the Aspen Club and Spa. More detailed
information regarding the management and maintenance of the units shall be provided to
APCHA wide the proposed deed restriction prior to CO.
The owner shall have the right to rent the units to qualified employees of the Club. If the
owner cannot provide a qualified tenant, the units shall be rented through APCHA's normal
advertising process. At no time shall the tenancy of the units during a lease period be tied
to continued employment by the owner. Tenant leases, however, may be terminated for
cause or at the end of the lease period upon termination of employment.
Each tenant in the rental units shall be required to be requalified by APCHA on a yearly
basis.
The owner shall convey an undivided 1/10th of 1% ownership interest in the lot on which
the units are situated to APCHA. The APCHA ownership interest shall be in perpetuity or
until such time as the units are converted to ownership units.
The deed restriction shall allow the units to become ownership units at such time as the
owner (the Aspen Club and Spa) elects to condominiumize and sell the units, or at such
time as APCHA determines one or more units aze found to be out of compliance for one
year. If any of the units are found to be out of compliance for one year, or the owner elects
to sell the units, the units shall be listed for sale with APCHA at the categories specified in
the deed restriction. The sales price shall be as stated in the APCHA Guidelines in effect at
the time of recordation of the deed restriction plus appreciation calculated at three percent
(3%) per annum or the Consumer Price Index (simple appreciation not compounded),
whichever is less, as of the listing date of the units. If the units aze being sold due to
noncompliance, all of the units shall be sold through the lottery system. If the owner elects
Resolution No _, Series 2009
Page 3 of 8
P18
to sell the units, the owner may choose 1/3`d of the initial buyers provided they qualify
under APCHA's top priority for the unit.
If the owner elects to sell the units, or they are required to be sold due to noncompliance,
owner shall condominiumize the units and form a condominium association for the
management and maintenance thereof. The affordable housing association shall be
separate from the fractional ownership unit's association.
In the event the rental units are required to become ownership units due to noncompliance,
APCHA or the City may elect to purchase them for rental to qualified tenants in accordance
with APCHA Guidelines.
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).
The applicant shall provide an overall access plan for the site with the building permit
submittal. The subgrade garage shall have adequate fire access. This shall be reviewed
and approved by the Fire Mazshall.
The proposed lawn pavers shall be engineered to support fire truck loads.
Fire sprinklers and alazms are required and shall be included in the project, including in
all structures.
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 standazds. Each of the units
within the building shall have individual water meters.
Nothing from the 1976 PUD water rights agreement may change as part of this current
project.
The recorded plat shall provide adequate easements for all utility lines. This shall be
reviewed by engineering and the water department prior to recordation.
Section 7: Sanitation District Requirements
Since there is an existing Aspen Consolidated Sanitation District owned and maintained
main sanitary sewer line currently running through the proposed development, the
proposed relocation of this main ACSD sanitary sewer line must be approved by the
District's consulting engineer and boazd of directors prior to the district committing to
serve this application. The district will require a written verification from the applicant
Resolution No _, Series 2009
Page 4 of 8
P19
that the revised sanitary sewer service for the Silver Lining Ranch is acceptable to the
current owners of the Silver Lining Ranch property.
Since it is apparent at this level of approval that the district's main sanitary sewer lines
will be modified to serve the new proposed development, a line relocation request and
collection system agreement are required. Both are ACSD Boazd of Director's action
items. New easements will be required for the sanitary relocation according to standard
district form. Additional access and maintenance easements may be required depending
on the final sanitary sewer utility plans.
Service is contingent upon compliance with the District's rules, regulations, and
specifications, which aze on file at the District office.
Section 8: Environmental Health
The state of Colorado mandates specific mitigation requirements with regards to asbestos.
Additionally, code requirements to be aware of when filing a building permit include: a
prohibition on engine idling, regulation of fireplaces, fugitive dust requirements, noise
abatement and pool designs. The Applicant must meet all applicable requirements
associated with the new pool. Wildlife protection/enclosures for the hash and recycle area is
required.
Section 9: Exterior Li¢htin2
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. No lighting shall be
permitted in the stream margin area or in any area below the top of slope line.
Section 10: Transportation
A detailed Transportation Demand Management (TDM) plan shall be recorded as part of
the final PUD/SPA/Subdivision documents. In addition to the TDM plan, the following
standards regazding transportation shall be met by the applicant:
1. Shuttle Service
a. The Aspen Club shall provide a minimum level of shuttle service as planned and
approved in December 2003 (Number 4, below). Without this minimum level of
service in place, the Club will be required to contribute a fee equal to 13 trips per
day to the operation of the Cross Town Shuttle, based on calculations developed
in 2003.
b. The Club van shall be operated on a fixed route and schedule to create a
continuity of service.
c. A complete shuttle plan detailing the Club shuttle route(s), schedule and stops
must be approved by the City of Aspen Transportation Department no later six
months prior to the issuance of a Certificate of Occupancy. This plan must meet
the conditions discussed above.
d. Service to the airport must be provided separately from the scheduled in-town
service in order to keep that service on a fixed schedule. In addition the airport
service shall be provided on-demand only to avoid unnecessary trips.
Resolution No _, Series 2009
Page 5 of 8
P20
2. Other TDM Measures
a. A complete plan for the implementation of an on-site carshare program must be
presented to and approved by the Transportation Department no later than six
months prior to the issuance of a Certificate of Occupancy. This program must be
owned and operated by the Aspen Club. The City of Aspen carshare program will
not operate this vehicle. This plan must include, at a minimum:
*purchase of vehicle(s)
*type of vehicle(s)
*parking location(s)
*allowable customers
*vehicle replacement plan
*operations plan
b. All other TDM measures discussed in the applicant's proposal must be
implemented no later than six months after the date of issuance of the Certificate
of Occupancy.
c. Any modifications to or elimination of TDM measures from the proposed
program must be presented to and approved by the Transportation Department.
3. Monitoring
a. The Transportation Demand Management plan needs to state the traffic
generation goal specifically.
b. Based on the TDA plan which states that the project plans for "zero growth" in
traffic, the Transportation Department recommends a goal of maintaining traffic
levels at their stated baseline of 860 trips per day. AM peak trips should be
limited to 70 per day. PM peak trips should be limited to 99 per day.
c. Vehicle counts and surveys shall be undertaken in March and August annually as
outlined in the plan, using an Engineering/Transportation firm or using standard
traffic counting devices. Report shall be provided to Transportation Department
by October 1 annually. The report must indicate both daily and hourly traffic
counts.
d. Annual surveys must be pre-approved by the Transportation Department.
e. Should monitoring show that the zero growth goal is exceeded at any time, the
Aspen Club will be required to develop a plan for approval by the Transportation
Department to include a variety of the following suggested TDM measures:
• additional transit service via Club shuttle
• contribution to the Cross Town Shuttle as outlined in the Shuttle Service
section above
• additional restrictions on employee driving
• additional rewards/incentives programs for employees and guests
• paid parking for employees and guests
• yeaz one and two and two of the following
• additional restrictions on employee driving
• more aggressive internal and external education
• additional rewards/incentives programs for employees and guests
• paid parking for employees and guests
Resolution No _, Series 2009
Page 6 of 8
P21
• other measures as approved by the Transportation Department
4. Aspen Club Shuttle Minirnum Service Levels
a. From December 15 through April I5, and from June 15 through September 30,
the Aspen Club Shuttle shall run continuously from 8:30 am until 8:00 pm on
Saturday and Sunday and until 9:00 pm on weekdays.
b. From April 16 through June 14, and from October 1 through December 14, the
Aspen Club Shuttle shall run twice per hour, on the 10 and 40 minute past the
hour, during the same hours:
Section I1: Parks
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.
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.
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
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.
An approved tree permit is required before submission of the building permit set. Proper
spacing and a detailed legend for new plantings and plantings around existing shall be
reviewed by the Parks Department at building permit submittal. This legend shall include
species name.
Building Permit Plans shall detail the material and width of the footpath proposed within
the stream margin area. This footpath shall be installed with hand excavation tools only
and set around all trees to remain on site. The utilities located under the trail should be
developed and installed with junction boxes so future repairs can be accomplished
without the need to excavate the new trail. This trail shall not be used for or provide
access for any construction activities. This includes but is not limited to truck traffic,
foot traffic, storage or materials.
Aspen Club Trail access or use for any construction activities is prohibited at all times.
This includes but is not limited to truck traffic, foot traffic, storage or materials.
Resolution No _, Series 2009
Page 7 of 8
P22
Section 12: Parkins
No pazking is approved for Ute Ave or in the cul-de-sac.
Section 13:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awazded, 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 separate, 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 _, 2009.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
City Attorney
LJ Erspamer, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
Resolution No ~ Series 2009
Page 8 of 8
P23
ExxISIT 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 "Standards 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 ereat 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 parcel, which is not currently a pennitted 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. Staff finds 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.
Stuff Finding:
The uses in the area are quite mixed, with commercial, single-family free market residential,
multi-family affordable housing, and non-profit uses all on the adjacent properties. Along Ute
Avenue, there are short term accommodations. as well as a variety of residential uses. Both
single-family residential and multi-family residential are located across the river.
In terms of architecture, the applicant has stated to staff that the proposed mass, scale, and
materials are intended to convey a residential scale that is representative of the different
buildings and uses in the area, while also being true to the Club's use. The applicant has done
this by making the "townhome" units residential in character (a mix of pitched and flat roofs,
Exhibit A -SPA Review Criteria
Page 1 of 7
P24
materials palate of stone and wood that is similar to residential uses in the area, modulation
typical of residential townhomes) and changing the existing blank fagade of the club to be more
articulated and pedestrian friendly. The applicant made a number of changes to the site plan
during conceptual approval in an attempt to open the site up and create a greater visual
connection with the river (moving one unit from the lower "bench" to the upper "bench,"
reconfiguring the siting of the units, moving the Club entrance to an area that overlooks proposed
open area between the townhome units).
The applicant has proposed a water feature as part of the landscaping plan. This water feature is
located in the middle of the site and runs from the lower bench to the upper bench. There are
paths that run through the site to connect the timeshaze units to the Club and the parking areas.
In addition, the applicant is providing a permanent trail easement for the path currently exists on
site and connects the river area to the Club building and parking area. The applicant worked
with planning staff and the fire department to come up with a way to provide adequate fire
access without creating additional paved areas. The solution is the installation of grass pavers in
portions of the upper bench azea.
Staff continues to have concerns related to the scale and mass of the "townhouse" units on the
lower bench of the site, and believes there is too much massing proposed on the site. Staff
believes the elimination of units 5 and 6 would create a clearer connection to the riparian area
and would provide a needed break in the proposed massing.
In terms of landscaping and open space, staff finds that additional refinement is needed for the
landscape plan. The site is located neaz the urban/rural fringe, and as such the area has a more
rural feel than other areas of town. The elimination of units 5 and 6 on the lower bench will help
create the open space staff finds is needed in this proposal. The current landscape plan includes
a great deal of paving, and seems rather formal. Given the site's context, staff believes less
formal landscaping and paving is needed. Additionally, the water feature cuts through the
middle of the site and does not create the connection between the upper bench and the riparian
area that is needed in this site.
Staff finds that the proposed use mix will fit in with and is consistent with the variety of uses on
the immediately adjacent parcels and the overall context of Ute Avenue. Staff believes the
proposed health and wellness program will be a good addition to the existing Club services and
to the community in general.
Overall, staff finds this criterion to not be met.
2. Whether sufficient public facilities and roads exist to service the proposed development.
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. The applicant has worked with city staff to create a set of
Transportation Demand Management (TDM) tools that will help control the number of trips on
Exhibit A -SPA Review Criteria
Page 2 of 7
P25
Ute Avenue as a result of this development. The applicant has also committed to not increase the
amount of traffic on Ute Ave as a result of this project. Further, the Applicant has agreed to
upgrade 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 Firadin2:
The Applicant has located all development outside the Roaring Fork River's mapped 100-year
floodplain. No other natural hazards are believed to affect the lot. The applicant conducted an
avalanche study as part of the final application, which found the affordable housing units are in
the "blue zone." According to the study, "blue zone" avalanches have a return period of 30 to
100 years, or a 1% to 3% probability annually. The applicant and Engineering Department have
agreed to have the mudflow risk evaluated by the Colorado Geologic Survey. Staff finds this
criterion to be met at this time.
4. Whether the proposed development creatively employs land planning techniques to
preserve signiticant 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 lodging units to the existing
building, and adds affordable housing units to an under-utilized portion of the site. While there
are no protected view planes in the vicinity, Staff believes it is important to retain the perception
of the ripazian corridor throughout the site. During Conceptual Review, the Applicant made
changes to the architecture and site plan to address Staff's concern. The applicant did move the
club entrance to ensure views to the river were maximized. However Staff does not believe
these changes go far enough to ensure the riparian area is made prominent in the design. Staff
believes the elimination of units 5 and 6 will help open the site plan and make the ripazian area
more prominent.
The landscape plan submitted as part of the final design shows a water feature running from the
lower bench to the upper bench. Staff finds this distracting to the overall design and does not
believe it succeeds in creating the needed riparian connection. There is an existing path that
crosses the Aspen Club property neaz the river. This path will be maintained in the proposal.
Additionally, the applicant has committed to installing a sidewalk on their property along Ute
Avenue to help complete a needed pedestrian connection. The applicant is also formally
dedicating the trail running from the river to the parking area for the use and benefit of the
public.
The applicant has provided information from SGM Engineering stating there is adequate
drainage on site. The Engineering Department has reviewed the application and is working with
the applicant to ensure there is adequate documentation provided for the proposed drainage.
Exhibit A -SPA Review Criteria
Page 3 of 7
P26
Overall, Staff finds this criterion is not met.
5. Whether the proposed development is in compliance with the Aspen Area
Comprehensive Plan.
Staff Findinr:
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 since Conceptual 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. Overall,
Staff finds this review criterion to be met.
Housine:
The Applicant is providing 145% of the required Affordable Housing, which is an important step
in helping the community meet the Affordable Housing goals outlined in the AACP. The
Housing section of the AACP states the intent of affordable housing is to "create an affordable
housing environment that is appropriately scaled and distributed throughout existing and new
neighborhoods..." (Intent, pg 25). This development proposal mixes free-mazket commercial
and free-market lodging with affordable housing. The affordable housing is scaled to relate to
the adjacent Club building and other surrounding buildings.
This section also states that, "when employees have the ability to live near where they work,
their reliance on the automobile lessens and they have greater opportunities to become a part of
the town's social fabric" (Philosophy, pg 26). This proposal would provide 12 new affordable
housing rental units for Aspen Club Employees. A mix of category 2, 3, and 4 units are
proposed, which will ensure the housing is accessible to a wide range of income levels.
ManaeinQ Growth:
The AACP Managing Growth Chapter lists one of the main goals of managing growth as "foster
a well-balanced community through integrated design that promotes economic diversity, transit
and pedestrian friendly lifestyles, and the mixing of people from different backgrounds." (Goal
E, pg 19). The proposal will promote a mix of backgrounds through the Club use as well as the
affordable housing residents and lodge visitors that will be on site. Additionally, a detailed
transportation plan is proposed that promotes pedestrian access to the site and the use of
alternative modes of transportation.
Economic Sustainabilitv:
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" and that
"the community and its governments should support local ownership as well as externally-owned
businesses that aze locally-serving and locally-involved" (Philosophy, pg 31). The Aspen Club
is owned by a vaziety of locals and non-locals, but it is a locally operated business. The stated
Exhibit A -SPA Review Criteria
Page 4 of 7
P27
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 timeshare sales to subsidize programs for
locals. The Club currently provides services and events that are designed for locals, including
the "Tuesdays with Michael" program that highlights a local non-profit and their activities every
week in the summer, as well as periodic health lectures. Staff believes that the concept of this
application is a good one, and will go a long way toward furthering the goals outlined Aspen
Area Community Plan.
The Economic Sustainability section also states that it is important to "encourage resource
efficiency, envirorunental responsibility, and cultural and community sensitivity in local
organizations and in construction" (Policies, pg 32). The applicant used the new LEED for
Neighborhood standards in developing the proposal. This requires that development be done
using enviromnentally friendly techniques. To that end, the applicant is investigating ways to
minimize construction impacts, utilizing alternative renewable energies and various energy
efficient materials. The applicant has committed to no net new energy use as a result of this
project.
Arts Culture. & Education:
The AACP states that "...arts, culture, and education are acknowledged as essential to Aspen's
thriving year-round economy, its vibrant international profile, and its future as a unique place to
live, work, and learn" (Philosophy. Pg 45). The Aspen Club currently works to promote the
Arts, Culture, and Education of the Aspen Area by supporting local non-profits through
provision of office space and financial support, and by facilitating educational and wellness
programs for Club members and community members at large.
Parks Open Space & Environment:
The Parks, Open Space, & Environment section of the AACP discusses the need to "preserve,
enhance and restore the natural beauty of the environment of the Aspen Area" (Intent, pg 34).
Staff believes the changes made to the application during conceptual review help the proposal
move in the direction of enhancing the riparian area on the site, and bringing the riparian area
into the site, however staff believes the current mass detracts from the natural beauty of the area.
The removal of units 5 and 6 would further help the development meet this section of the AACP.
This section also states that "All Developments should be in accordance with the Wildlife and
Biodiversity map and the Parks, Open Space, and the Environment map to protect sensitive
habitat areas (e.g. riparian corridor and Elk habitat)" (Policies, pg 35). The development is
respecting the required stream margin setback and the applicant has worked with the Parks
Department to ensure that construction methods will not negatively impact the riparian area.
Design Quality:
The Design Quality section of the AACP asks that development "retain and encourage an
eclectic mix of design styles to maintain and enhance the special character of our community."
The section also states that "we favor diversity tempered by context, sometimes historical,
sometimes not, as opposed to arbitrariness. `Context' refers first to region, then town,
neighborhood, and finally the natural and man made features joining a particular development
Exhibit A -SPA Review Criteria
Page 5 of 7
P28
site. Decisions regarding scale, massing, form, materials, texture, and color must be first
measured by context. Contextual appropriateness transcends `style' alone" (Philosophy, pg 42).
Staff believes the ideas put forward in the Application for a health and wellness facility are good
goals, and that the site plan changes at Conceptual have moved 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. In terms of uses, the project does a
good job of relating to the immediate context which is comprised of a variety of uses. In terms
of massing, staff is concerned that there is too much mass on the site given its context of being
on the urban/rural fringe. The elimination of units 5 and 6 would help better meet the Design
Quality section of the AACP.
Transportation:
The AACP has a number of goals and policies related to Transportation, including a policy that
new growth should be structured "on compact, mixed-use patterns that enable and support travel
by foot, bicycle, and public transportation for all types of trips" (Policies, pg 22). Additionally,
the Transportation Chapter includes goals to maintain and improve "the appeal of bicycling and
walking...by adding sidewalk connections, replacing sidewalks, and requiring sidewalks as part
of development approvals, where appropriate..." (Goal C, pg 22) and "the appeal of carpool or
vanpooling for a wide variety of trip types" (Goal D, pg 22). The Transportation Chapter also
includes a policy to "require all employment, school, social, recreation or other activities that
generate demand for travel to mitigate traffic impacts through support of alternative
transportation modes in proportion to trips generates." (Policies, pg 22)
The applicant has worked with city staff to create a set of Transportation Demand Management
(TDM) tools that focus on alternative forms of transportation, including carsharing, vanpools,
carpooling, biking, and walking. The applicant has also committed to installing a new sidewalk
along Ute Avenue to make walking and biking safer and more viable. The TDM plan includes a
commitment to continue use of the Cross Town Shuttle and the use of coordinated vans and
shuttles for employees as well as visitors who stay at other hotels but want to use the Aspen
Club. Coordinated pick up service at the airport is also proposed for the timeshare users. Staff
believes that the TDM plan meets the goals and policies of the AACP related to Transportation.
6. Whether the proposed development will require the expenditure of excessive public
funds to provide public facilities for the parcel or the surrounding neighborhood.
Staff Finding:
The application states that all costs associated with public infrastructure improvements will be
borne by the Applicant. This includes the realignment of a sewer line. The Applicant's new
traffic study indicates that Ute Avenue can accommodate the proposal's traffic generation. In
addition, the applicant has created a comprehensive TDM plan to encourage alternative modes of
transportation for club users, club employees, affordable housing resident, and timeshare owners.
A safety plan, which includes speed tables and humps, for Ute Ave has also been proposed to
ensure the road is safer for pedestrians. The applicant has committed to zero growth in traffic as
Exhibit A -SPA Review Criteria
Page 6 of 7
P29
a result of this project. The applicant has hired consultants to assess the existing water flows to
determine if adequate flows exist for fire safety. The preliminary report indicates there are. The
applicant is working with the City Water and Fire Departments to confirm this. The applicant is
also working with the Engineering Department to ensure adequate drainage exists on the site.
While no net new track delivery traffic is anticipated as part of this project, it was found after
Conceptual approval that the existing cul-de-sac does not have adequate pavement to meet city
standards. Some improvements to the existing cul-de-sac pavement will be needed to
accommodate truck traffic. The applicant is working with the Engineering Department to
determine to what extent the applicant is responsible for the improvements. Staff finds this
criterion to be met at this time.
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 Roaring Fork River, and then the property slopes up to
meet Ute Ave on the south. There are 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
215,232, but after slope reduction 171,047 square feet of land azea is available for floor azea
calculations. The proposed development equals approximately 95,000 square feet, or an FAR of
approximately 0.55:1. Staff finds this criterion to be met.
8. Whether there are sufficient GMQS allotments for the proposed development.
Staff Finding:
The Applicant has requested the necessary Affordable Housing and Lodge Growth Management
Allotments. The proposal will decrease the amount of commercial space on site, so growth
management allotments are not required. The applicant needs 12 affordable housing allotments
and 124 lodge pillow allotments. In a single growth management year there are 112 lodge pillow
allotments available. Because the applicant needs 12 more pillow allotments then are available
in this growth management year, they have requested multi-year allotments. Staff finds this
criterion to be met.
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 standazds of this Section. Variations may be allowed for the following
requirements: open space, minimum distance between buildings, maximum height, minimum
front yard, minimum rear yard, minimum side yard, minimum lot width, minimum lot area, trash
access area, internal floor area ratio, number of off-street parking 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 are no requests to vary the dimensional requirements as part of the SPA. These requests
are made under the PUD request. Staff finds these criteria to not be applicable.
Exhibit A -SPA Review Criteria
Page 7 of 7
P30
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 comp]y with the following standazds and requirements. Due to the limited issues
associated with conceptual reviews and properties eligible for minor PUD review, certain
standazds 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 standards and
procedures of this Chapter and this Title.
A. General requirements.
1. The proposed development shall be consistent with the Aspen Area Community Plan.
Staff Finding:
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 since Conceptual 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. Overall,
Staff finds this review criterion to be met.
Housine:
The Applicant is providing 145% of the required Affordable Housing, which is an important step
in helping the community meet the Affordable Housing goals outlined in the AACP. The
Housing section of the AACP states the intent of affordable housing is to "create an affordable
housing environment that is appropriately scaled and distributed throughout existing and new
neighborhoods..." (Intent, pg 25). This development proposal mixes free-market commercial
and free-market lodging with affordable housing. The affordable housing is scaled to relate to
the adjacent Club building and other surrounding buildings.
This section also states that, "when employees have the ability to live neaz where they work,
their reliance on the automobile lessens and they have greater opportunities to become a part of
the town's social fabric" (Philosophy, pg 26). This proposal would provide 12 new affordable
housing rental units for Aspen Club Employees. A mix of category 2, 3, and 4 units are
proposed, which will ensure the housing is accessible to a wide range of income levels.
Mana ine Growth:
The AACP Managing Growth Chapter lists one of the main goals of managing growth as "foster
a well-balanced community through integrated design that promotes economic diversity, transit
and pedestrian friendly lifestyles, and the mixing of people from different backgrounds." (Goal
E, pg 19). The proposal will promote a mix of backgrounds through the Club use as well as the
affordable housing residents and lodge visitors that will be on site. Additionally, a detailed
Exhibit B -PUD Review Criteria
Page 1 of 18
P31
transportation plan is proposed that promotes pedestrian access to the site and the use of
alternative modes of transportation.
Economic Sustainability:
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" and that
"the commtunity and its governments should support local ownership as well as externally-owned
businesses that are locally-serving and locally-involved" (Philosophy, pg 31). The Aspen Club
is owned by a variety of locals and non-locals, but it is a locally operated business. 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 timeshare sales to subsidize programs for
locals. The Club currently provides services and events that are designed for locals, including
the "Tuesdays with Michael" program that highlights a local non-profit and their activities every
week in the summer, as well as periodic health lectures. Staff believes that the concept of this
application is a good one, and will go a long way toward furthering the goals outlined Aspen
Area Community Plan.
The Economic Sustainability section also states that it is important to "encourage resource
efficiency, environmental responsibility; and cultural and community sensitivity in local
organizations and in construction" (Policies, pg 32). The applicant used the new LEED for
Neighborhood standards in developing the proposal. This requires that development be done
using environmentally friendly techniques. To that end, the applicant is investigating ways to
minimize construction impacts, utilizing alternative renewable energies and various energy
efficient materials. The applicant has committed to no net new energy use as a result of this
project.
Arts Culture, & Education:
The AACP states that "...arts, culture, and education are acknowledged as essential to Aspen's
thriving year-round economy, its vibrant international profile, and its future as a unique place to
live, work, and learn" (Philosophy. Pg 45). The Aspen Club currently works to promote the
Arts, Culture, and Education of the Aspen Area by supporting local non-profits through
provision of office space and financial support, and by facilitating educational and wellness
programs for Club members and community members at large.
Parks Open Space & Environment:
The Parks, Open Space, & Environment section of the AACP discusses the need to "preserve,
enhance and restore the natural beauty of the environment of the Aspen Area" (Intent, pg 34).
Staff believes the changes made to the application during conceptual review help the proposal
move in the direction of enhancing the riparian area on the site, and bringing the riparian area
into the site, however staff believes the current mass detracts from the natural beauty of the area.
The removal of units 5 and 6 would further help the development meet this section of the AACP.
This section also states that "All Developments should be in accordance with the Wildlife and
Biodiversity map and the Parks, Open Space, and the Environment map to protect sensitive
habitat areas (e.g. riparian corridor and Elk habitat)" (Policies, pg 35). The development is
Exhibit B - PUD Review Criteria
Page 2 of 18
P32
respecting the required stream margin setback and the applicant has worked with the Parks
Department to ensure that constmction methods will not negatively impact the riparian azea.
Design Oualitv:
The Design Quality section of the AACP asks that development "retain and encourage an
eclectic mix of design styles to maintain and enhance the special character of our community."
The section also states that "we favor diversity tempered by context, sometimes historical,
sometimes not, as opposed to azbitrariness. `Context' refers first to region, then town,
neighborhood, and finally the natural and man made features joining a particular development
site. Decisions regarding scale, massing, form, materials, texture, and color must be first
measured by context. Contextual appropriateness transcends `style' alone" (Philosophy, pg 42).
Staff believes the ideas put forwazd in the Application for a health and wellness facility aze good
goals, and that the site plan changes at Conceptual have moved the proposal in the direction of
combining this goal with the proposed azchitecture. 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. In terms of uses, the project does a
good job of relating to the immediate context which is comprised of a variety of uses. In terms
of massing, staff is concerned that there is too much mass on the site given its context of being
on the urban rural fringe. The elimination of units 5 and 6 would help better meet the Design
Quality section of the AACP.
Transportation:
The AACP has a number of goals and policies related to Transportation, including a policy that
new growth should be structured "on compact, mixed-use patterns that enable and support travel
by foot, bicycle, and public transportation for all types of trips" (Policies, pg 22). Additionally,
the Transportation Chapter includes goals to maintain and improve "the appeal of bicycling and
walking...by adding sidewalk connections, replacing sidewalks, and requiring sidewalks as part
of development approvals, where appropriate..." (Goal C, pg 22) and "the appeal of carpool or
vanpooling for a wide variety of trip types" (Goal D, pg 22). The Transportation Chapter also
includes a policy to "require all employment, school, social, recreation or other activities that
generate demand for travel to mitigate traffic impacts through support of alternative
transportation modes in proportion to trips generates." (Policies, pg 22)
The applicant has worked with city staff to create a set of Transportation Demand Management
(TDM) tools that focus on alternative forms of transportation, including carshazing, vanpools,
carpooling, biking, and walking. The applicant has also committed to installing a new sidewalk
along Ute Avenue to make walking and biking safer and more viable. The TDM plan includes a
commitment to continue use of the Cross Town Shuttle and the use of coordinated vans and
shuttles for employees as well as visitors who stay at other hotels but want to use the Aspen
Club. Coordinated pick up service at the airport is also proposed for the timeshaze users. Staff
believes that the TDM plan meets the goals and policies of the AACP related to Transportation.
2. The proposed development shall be consistent with the character of existing land uses
in the surrounding area.
Exhibit B - PUD Review Criteria
Page 3 of 18
P33
Staff Finding:
The proposed development is consistent with the character of the area. The neighborhood
consists of a variety of single-family and multi-family homes, as well as commercial, non-profit
and lodging uses. The proposed affordable housing is consistent with the adjacent properties,
which include a number of affordable housing projects. Additionally, adjacent parcels also
include non-profit and commercial uses. Staff finds this criterion to be met.
3. The proposed development shall not adversely affect the future development of the
surrounding area.
Staff Finding:
Staff believes that this development will not adversely affect the future development of the area.
Most of the area is at or near build out, so there is not a great deal of future development
opportunities. Staff finds this criterion to be met.
4. The proposed developnzerzt 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.
Staf(Finding:
The Applicant has requested the needed Affordable Housing and Lodge Growth Management
Allotments. The proposal will decrease the amount of commercial space on site, so growth
management allotments are not required. The applicant needs 12 affordable housing allotments
and 124 lodge pillow allotments. In a single growth management year there are 112 lodge pillow
allotments available. Because the applicant needs 12 more pillow allotments then are available
in this growth management year, they have requested multi-year allotments. Staff finds this
criterion to be met.
B. Establis/rnzent of Dimensional Requirements:
The fznal PUD development plans shall establish the dimensional requirements for all
properties within the PUD as described in General Provisions, Section 26.445.040, above. The
dimensional requirements of tl:e underlying zone district shall be used as a guide in
determining the appropriate dimensions for the PUD. During review of the proposed
dimensional requirements, compatibility with surrounding Aand uses arzd existing development
patterns shat! be emphasized.
Staff Finding:
The PUD development plans establish dimensional requirements for all properties in a PUD.
The proposed dimensional requirements are based on the proposed subdivision of the exiting lot
into 5 new lots. The dimensional requirements are listed below. When listing the dimensional
requirements, all front yard setbacks are the south side of the lots, all the reaz yazd setbacks aze on
the north side of the lots, and all the side yazd setbacks are the east and west sides of the lots.
Exhibit B -PUD Review Criteria
Page 4 of 18
P34
RR Underlying
Dimensional Proposed Dimensional Requirements Dimensional Requirements Zone District
Requirement for subdivided lots based on fathering parcel Dimensional
Re uirements
Lot l: 3.702 acres or 161,259 sq. fr.
Lot 2: N/A Total Lot Area: 4.941 acres,
Minimum Lot
Size
Lot 3: 0.264 acres or 11,499 sq, ft. or 215 232 sq. ft.
2.0 acres
Lot 4: 0.716 acres or 31,188 sq. ft. Lot Area after Slope
Lot 5: 0.260 acres or 11,325 s . ft. Reduction: 171,047 sq. ft.
Minimum Lot Multi-Family:
Area per N/A N/A N/A
dwellin unit Lodge: N/A
Lot 1: 305 Feet
Minimum Lot Lot 2: N/A
Width Lot 3: 135 Feet 370 Feet 200 Feet
Lot 4: 266 Feet
Lot 5: 95 Feet
Lot 1: 30 feet above grade, 5 feet below
Minimum grade
Front Yard Lot 2: N/A 7.5 Feet for Affordable 30 Feet
Setback Lot 3: 10 feet Housing Units
Lot 4: 0 feet
Lot 5: 7.5 feet
Lot 1: 0 feet above and below grade
Minimum Side Lot 2: N/A 5 Feet on east side for
Yard Setback Lot 3: 10 feet Affordable Housing Units. 20 Feet
(East Side) Lot 4: 20 feet
Lot 5: 5 feet
Lot 1: 60 feet above grade for building,
20 feet above grade for garage access
Minimum Side stair, 5 feet below grade 5 Feet on west side for
Yard Setback Lot 2: N/A subgrade garage; 20 feet for 20 Feet
(West Side) Lot 3: 20 feet timeshare Unit 1.
Lot 4: 5 feet
Lot 5: 0 feet
Lot 1: 100 feet (15 feet from Top of
Slope)
Minimum Reaz Lot 2: N/A
Yard Setback
Lot 3: 10 feet 100 Feet 20 Feet
Lot 4: 10 feet
Lot 5: 10 feet
Townhouse Units (Lots 3 & 4) Affordable Housing Unit
Maximum Pitched Roofs (Units 1, 7, 14): 28 feet 1 I, Northwest Corner: 32
Height Flat Roofs (Units 2-5, 8-13): 28 feet feet 28 Feet
Club Units (Lot 2): 28 feet Affordable Housing Unit
Affordable Housing Units (Lot 5): 28 12, Northwest Corner: 41
Exhibit B - PUD Review Criteria
Page 5 of 18
P35
Underlying
RR Proposed Dimensional Requirements Dimensional Requirements Zone District
Dimensional for subdivided lots based on fathering parcel Dimensional
Requirement Re uirements
feet with the following exceptions: feet
Unit 11, Northwest Corner: 32 feet Affordable Housing Unit
Unit 12, Northwest Corner: 41 feet 12, Southwest Comer:
Unit 12, Southwest Corner: 31.25 feet 31.25 feet
Aspen Club Building (Lot 1): 28 feet
Minimum % N/A N/A N/A
O en Space
Total FAR:.55:1
Total FAR:.55:1 Total: 94,750 sq. ft.
Multi-family (affordable Sin le-famil
g y'
Total: 94,750 sq. ft.
housing units): 12,390 sq. ft. Same as R-15
zone district
Allowable Multi-family (affordable housing units): Lodge: 50,490 sq. fr.
Multi-family:
Floor Area 12,390 sq. ft.
Lodge: 50,490 sq. ft. (Townhouse Units: Townhouse Units: 34,410
080 sq.
; Club Units: 16
ft
s N/A
34,410 sq. ft.; Club Units: 16,080 sq. ft.) ,
.
q.
ft) Lodge: N/A
Commercial (Club): 31,870 sq. fr.
Commercial (Club): 31,870 Commercial: N/A
s . ft.
Lodge: .5 spaces
per key (20
132 spaces total: spaces)
] 32 spaces total: Lodge: 20 spaces Club and Spa: 1
Lodge: 20 spaces Aspen Club and Spa: 95 space per 1000
Minimum Off- Aspen Club and Spa: 95 spaces (60 spaces (60 spaces on Lot 1; sq. ft. of net
Street Parking spaces on Lot 1; 35 spaces on Lots 14A 35 spaces on Lots 14A & leasable (43
& 14W) 14W) spaces)
AH units: 17 spaces AH units: 17 spaces AH units: 1 space
per unit (12
spaces)
1. The proposed dimensional requirements for the subject property are appropriate and
compatible with the following influences on the property:
a. The character of, and compatibility with, existing and expected future land uses
in tlae surrounding area.
Staff Finding:
The uses in the azea are quite mixed, with commercial, single-family free market
residential, multi-family affordable housing, and non-profit uses all on the adjacent
properties. Along Ute Avenue, there aze short term accommodations as well as a
variety of residential uses. The proposed uses are consistent with the use mix on the
adjacent parcels as well as the overall use context of Ute Ave. Overall, the height of
the proposal is consistent with the underlying zoning. The three exceptions aze to
Exhibit B - PUD Review Criteria
Page 6 of 18
P36
accommodate the affordable housing units. The affordable housing units are located
in a portion of the upper bench of the site that is lower than the surrounding areas. It
is lower than the existing club structure, the adjacent Silverlining Ranch, and lower
than the Ute Avenue right of way. Staff believes the proposed heights will fit in the
context of the development and neighborhood because the ground elevation is much
lower than the surrounding ground elevations.
Staff finds this criterion to be met.
b. Natural or man-made hazards.
Staff Finding:
The Applicant has located all development outside the Roazing Fork River's mapped
100-year floodplain. No other natural hazards are believed to affect the ]ot. The
applicant conducted an avalanche study as part of the final application, which found
the affordable housing units are in the "blue zone." According to the study, "blue
zone" avalanches have a return period of 30 to 100 years, or a 1% to 3% probability
annually. The applicant and Engineering Department have agreed to have the
mudflow risk evaluated by the Colorado Geologic Survey. Staff finds this criterion to
be met at this time.
c. Existing natural characteristics of the property and surrounding area such as
steep slopes, waterways, shade, and signifecant vegetation and [andforms.
Staff Finding:
Most of the development proposed is within areas of the site that have already been
impacted by development. The riparian area is being maintained through the fifreen
(15) foot top of slope setback required by the Stream Mazgin portion of the Land Use
Code. No development, including excavation, is permitted in this setback area. The
applicant has worked with the Pazks Department on the relocation of the existing
walkway that connects the Aspen Club Trail and the parking across the river to the
club. 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 Finding:
The proposed TDM tools will assist in lowering the expected traffic impacts on Ute
Ave as a result of this development. These tools include the use of carpooling and
incentives for employees to use alternative modes of transportation, participation in
the CazShaze program, the availability of bikes for use by affordable housing
residents and timeshare users, and coordinated shuttle service for visitors.
Additionally, the applicant is installing a sidewalk along Ute Ave to create a more
pedestrian friendly environment. The applicant has also committed to zero growth in
traffic as a result of this project.
Exhibit B - PUD Review Criteria
Page 7 of 18
P37
Staff finds this criterion to be met.
2. The proposed dimensional requirements permit a scale, massing, and quantity of open
space mxd site coverage appropriate and favorable to the character of the proposed
PUD and of the surrounding area.
Staff Finding:
No open space is currently proposed on-site. Staff recommends the Applicant look at ways
to consolidate the paths that are used to access the individual timeshare units to help create
more opportunities for open space. Further, Staff believes the elimination of units 5 and 6
will help created needed visual relief from the massing and will create better quality open
space. Staff finds this criterion is not 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 developnent
including any non-residential land uses.
b. The varying tinxe periods of use, whenever joirxt use of conxnxon 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 Uie commercial core and general
activity centers in the city.
Staff Finding:
The proposal includes 132 parking spaces divided as follows: 20 for the timeshare units
(code required amount), 17 for the affordable housing units (code requires 12 spaces, and
an additional 5 spaces that are being provided for short term use, i.e. for guest pazking or
for grocery drop off), and 95 spaces for the club (this is 4 more spaces than was approved
by City Council in 1996). The applicant examined locating more parking in the sub-
grade garage to help reduce the amount of surface parking. The water table is located in
such a way that additional subgrade parking cannot be accommodated on this site. The
20 timeshaze and 12 of the affordable housing spaces will be located in the subgrade
garage. Employees of the Club will continue to use Lots 14A and 14W (located across
the river) for their parking, which will make more onsite parking available for club users.
In addition, the applicant has created a detailed TDM plan that employs a number of
alternative transportation modes in an effort to reduce the project's dependence on the car
and need for parking. No parking is permitted along Ute Ave. Staff finds these criteria
to be met.
Exhibit B -PUD Review Criteria
Page 8 of 18
P38
4. The maximum allowable density within a PUD may be reduced if there exists
insufficient infrastructure capabilities. Specifically, tl:e maximum density of a PUD
may be reduced if.•
a. There is not sufftcient 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.
Stall Finding:
Adequate public facilities exist and will be upgraded at the owner's expense. This
includes the realignment of a sewer line. The Applicant's new traffic study indicates that
Ute Avenue can accommodate the proposal's traffic generation. In addition, the
applicant has created a comprehensive TDM plan to encourage alternative modes of
transportation for club users, club employees, affordable housing resident, and timeshaze
owners. A safety plan, which includes speed tables and humps, for Ute Ave has also
been proposed to ensure the road is safer for pedestrians. The applicant has committed to
zero growth in traffic as a result of this project. The applicant has hired consultants to
assess the existing water flows to determine if adequate flows exist for fire safety. The
preliminary report indicates there aze. The applicant is working with the City Water and
Fire Departments to confirm this. The applicant is also working with the Engineering
Department to ensure adequate drainage exists on the site. Staff finds this criterion to be
met at this time.
5. The maximum allowable density within a PUD may be reduced if there exists natural
hazards or critical natural site features. Speciftcal[y, 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 wit/z the terrain or causes harmful
disturbance to critical natural features of the site.
Staff Finding:
Staff does not find any 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 contain development. Based on the information provided in the
application, Staff does not believe the proposal will involve a pemicious impact on the
site's natural watershed. The applicant is working with engineering to ensure drainage
into the watershed and Roazing Fork River is properly treated. Staff finds this criterion to
be met at this time.
Exhibit B -PUD Review Criteria
Page 9 of 18
P39
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 wit/t the site's
physical constraints.
a. The increase in derzsity serves one or more goals of the community as expressed
irz the Aspen Area Community Plan (AACP) or a specific area plmz to wlziclt the
property is subject.
b. The site's physical capabilities can accommodate additional density mtd there
exists rzo negative physical characteristics of the site, as identifced 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 arzd clzarkcteristics.
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 t/te respective
Zorze District or as otherwise established as t/1e maxintunz allowable density
pursuant to a final PUD Development Plan.
b. The approved dimensional requirements jor al[ lots within the PUD are
required to be reflected in the final PUD development plans.
Staff Finding:
There are no set density requirements for the Rural Residential (RR) zone district, so density
is established by the PUD. Staff believes that the density on site is appropriate in terms of
creating a critical mass for club services. Staff does have concerns related to the massing of
the site, and would like to see units 5 and 6 removed, or at the very least relocated to another
area of the site (say create additional club units). Staff finds this criterion to be met.
C. Site Design.
The purpose ojthis stmzdard 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 jo[lowirzg:
I. Existing natural or man-made features of the site which are unique, provide visual
interest or a specific reference to the past, or contribute to the identity of the town are
preserved or enhanced in an appropriate mam:er.
Staff Finding:
The site has a great asset in the Roaring Fork River, which crosses the site. The Applicant
will abide by all requirements for stream margin review, which will help preserve the
riparian area. There is an existing path that crosses the stream margin area, and the applicant
has worked with the Parks and Community Development Departments on a new location for
the path that will minimize the impact to the hillside. The realigned path will also be
formally dedicated through a trail easement. The proposed development and utilities are
Exhibit B -PUD Review Criteria
Page 10 of 18
P40
located outside of the stream mazgin area. However, staff does not believe that the site plan
appropriately preserves or enhances this important natural feature. The elimination of units 5
and 6 would help alleviate staff's concerns. At this time, staff finds this criterion is not met.
2. Structures have been clustered to appropriately preserve significant open spaces and
vistas.
Staff Finding:
No significant existing open spaces will be lost with this proposal, as the timeshare units are
proposed where the tennis courts are currently located. During Conceptual approval the
applicant amended the site plan to create a lazger open space on the lower bench of the
property. Staff does not believe this has created a large enough area to preserve and enhance
views of the river and riparian area. The elimination of units 5 and 6 would help alleviate
staff's concerns. At this time, staff finds this criterion is not 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.
StaflFinding:
The timeshare 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 are
located adjacent to the street, and Staff believes these will contribute to the street character
and neighborhood context. Additionally, the Club Units will help create a more pedestrian
friendly environment by providing fenestration and interest to the exiting blank wall that
exists as you enter the property from Ute Ave.
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. Additionally, a new bus
stop/pull out and shelter aze proposed to better accommodate the Cross Town Shuttle. Most
of these improvements are located in the public right of way, but easements are provided on
the Subdivision Plat to accommodate the portions on site.
While the landscaping plan outlines paths throughout the site, Staff believes a simplified plan
is more appropriate in this context. This site is uniquely located in an area that is on the
Urban/Rural fringe and adjacent to the Roazing 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 residences while providing a different take on the design that reflects the Club's
mission. Provision of more open areas on the site and the elimination of some of the mass
would help the overall design better relate to the rural context. The elimination of units 5 and
6 would help alleviate staff s concerns. At this time, staff finds this criterion is not met.
4. Buildings and access ways are appropriately arranged to allow emergency and service
vehicle access.
Exhibit B - PUD Review Criteria
Page 11 of 18
P41
Staff Finding:
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 Fire Marshall requested a
staircase be added to the western side of the site to connect the upper and lower bench. This
was added during the Conceptual review and resulted in the elimination of one parking space
(the total # of parking spaces decreased from 133 at conceptual to ] 32 at final). The existing
surface parking area accommodates fire truck turn arounds, and must be maintained. The
applicant worked with the Fire and Community Development Departments to utilize grass
pavers that can accommodate fire truck loads. This was done to reduce the amount of
impervious surface on the site. Further, all structures will be required to include fire
sprinkler systems, and fire alarm systems. The applicant will be required to ensure adequate
fire access exists in the subgrade garage. Staff finds this criterion to be met.
5. Adequate pedestrian and handicapped access is provided.
Staff Finding:
According to the Application, the project will comply with all applicable requirements. This
has been included as a condition in the Resolution. Two of the Club units are ADA
Accessible, and a number of the other units include ADA bathrooms. 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 for the proposed development in a practical and
reasonable manner and shall not negatively impact surrounding properties.
Staff Finding:
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 timeshare units will have a similar 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
areas are re-paved as part of the redevelopment, Staff recommends that the re-paving utilize
pervious paving materials. The applicant is working with the Engineering Department to
ensure runoff is properly treated. Staff finds this criterion to be met.
7. For non-residential land uses, spaces between buildings are appropriately designed to
accommodate arty programmatic functions associated with the use.
Staff Finding:
There is a significant grade difference between the proposed timeshare units near the river
and the existing Club. The units that are located at the same grade as the Club do provide
sufficient spacing. Staff would like to the elimination of units 5 and 6, which would increase
the amount of space available for outdoor programming elements. Staff finds this criterion is
not met at this time.
Exhibit B - PUD Review Criteria
Pale 12 of 18
P42
D. Landscape Plan.
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:
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.
Staff Finding:
The Applicant has provided a landscaping plan with a number of new plantings proposed.
This has been reviewed by the Parks Department, who is working with the applicant to
ensure proper native plants are used. 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.
Staff FindinP:
The Parks Department has requested a condition of approval to limit the construction of the
trail through the riparian azea to hand tools. This condition has been included. No
development is proposed in the protected riparian area. Staff finds this criterion to be met.
3. The proposed method of protecting existing vegetation and other landscape features is
appropriate.
Staff Findin;;:
The Applicant has provided a landscaping plan with a number of new plantings proposed.
This has been reviewed by the Patks Department, who is working with the applicant to
ensure proper native plants are used. The landscape plan submitted as part of the final design
shows a water feature running from the lower bench to the upper bench. Staff finds this
distracting to the overall design because it appears to be an attempt to create a connection
between the upper bench and the ripazian azea. Staff believes a better solution would be to
eliminate the water feature that appears to serve no functional purpose and create additional
open azeas on site that provide an actual visual and special connection to the river area.
There is an existing path that crosses the Aspen Club property near the river. This path will
be maintained in the proposal. Additionally, the applicant has committed to installing a
sidewalk on their property along Ute Avenue to help completed a needed pedestrian
connection. The applicant is also formally dedicating the trail running from the river to the
parking area for the use and benefit of the public. Staff finds this criterion is not 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.
Exhibit B - PUD Review Criteria
Page 13 of 18
P43
Staff Finding:
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 opportunities. In terms of architecture, the applicant has stated to staff that
the proposed mass, scale, and materials are intended to convey a residential scale that is
representative of the different buildings and uses in the area, while also being true to the
Club's use. The applicant has done this by making the "townhome" units residential in
character (a mix of pitched and flat roofs, materials palate of stone and wood that is
similar to residential uses in the area, modulation typical of residential townhomes) and
changing the existing blank facade of the club to be more articulated and pedestrian
friendly. Staff has concerns related to the massing of the proposal. In addition, the
proposal will be subject to final Commercial Design Review following approval of the
final PUD/SPA application. Staff anticipates having concerns related to the specific
Commercial Design Review Criteria, including Building Design and Articulation.
The applicant has proposed a water feature as part of the landscaping plan. This water
feature is located in the middle of the site and runs from the lower bench to the upper
bench. There are paths that run through the site to connect the timeshare units to the Club
and the parking areas. In addition, the applicant is providing a permanent trail easement
for the Aspen Club Trail that currently exists on site. The applicant worked with
planning staff and the fire department to come up with a way to provide adequate fire
access without creating additional paved areas. The solution is the installation of grass
pavers in portions of the upper bench area.
The elimination of units 5 and 6 would help alleviate staff s concerns. At this time, staff
finds this criterion is not met.
2. Incorporate, to the extent practical, natural heating artd cooling by taking advantage of
tl:e property's solar access, shade and vegetation and by use ojnon- or less-intensive
mechanical systems.
Staff Finding:
The site plan utilizes the north/south exposure on the lot, and is participating in the new
LEED for Neighborhoods program. The applicant is also planning use of renewable energy,
including a Growth Source Heat Pump loop for heating and cooling, as outlined in their
Conceptual Energy & Mechanical Systems Plan. Staff finds this criterion is met.
3. Accommodate tl:e storage and shedding of snow, ice and water in a safe and
appropriate manner that does not require significant maintenance.
Staff Finding:
The Applicant has included a detailed snow removal and storage plan as part of the final
application. This plan includes snow melt systems and onsite storage of snow. In addition,
the parking and fire access areas will be plowed. Staff finds this criterion to be met.
Exhibit B -PUD Review Criteria
Page 14 of 18
P44
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 genera[ 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 cal[ inordinate attention to tl:e property is
prohibited for residential development.
Staff Findine:
The PUD will comply with all lighting regulations in place. There are currently 2 lights
proposed in the stream margin area. These will need to be removed. Staff finds these criteria
to be met.
G. Common Park, Open Space, or Recreation Area.
If the proposed development includes a common park, open space, or recreation area for tl:e
mutual benefit of all development in the proposed PUD, the following criteria shall be met:
1. The proposed amount, location, and design of the common park, open space, or
recreation area enhances the character of the proposed development, considering
existing and proposed structures and natural landscape features of t/te property,
provides visual relief to the property's built form, and is available to the mutual benefit
of the various land uses and property users ojthe PUD.
2. A proportionate, undivided Interest in al[ common park and recreation areas is deeded
in perpetuity (not jor 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.
Staff Findinr:
There are no common spaces proposed as part of this application. Staff finds these criteria to be
not applicable.
H. Utilities and Public facilities.
The purpose ojthis standard is to ensure the development does not impose an undue burden
on tl:e City's infrastructure capabilities and that the public does not incur an unjustified
ftnancial 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.
Exhibit B -PUD Review Criteria
Page 15 of 18
P45
2. Adverse impacts on public infrastructure by the development will be mitigated by the
necessary improvements at the sole cost of the developer.
3. Oversized utilities, public facilities, or site improvements are provided appropriately
and where the developer is reimbursed proportionately for the additional improvement.
Staff Finding:
The application states that all costs associated with public infrastructure improvements will
be borne by the Applicant. This includes the realignment of a sewer line. The Applicant's
new traffic study indicates that Ute Avenue can accommodate the proposal's traffic
generation. In addition, the applicant has created a comprehensive TDM plan to encourage
alternative modes of transportation for club users, club employees, affordable housing
resident, and timeshare owners. A safety plan, which includes speed tables and humps, for
Ute Ave has also been proposed to ensure the road is safer for pedestrians. The applicant has
committed to zero growth in traffic as a result of this project. The applicant has hired
consultants to assess the existing water flows to determine if adequate flows exist for fire
safety. The preliminary report indicates there are. The applicant is working with the City
Water and Fire Departments to confirm this. The applicant is also working with the
Engineering Department to ensure adequate drainage exists on the site.
While no net new truck delivery traffic is anticipated as part of this project, it was found after
Conceptual approval that the existing cul-de-sac does not have adequate pavement to meet
city standards. Some improvements to the existing cul-de-sac pavement will be needed to
accommodate truck traffic. The applicant is working with the Engineering Department to
determine to what extent the applicant is responsible for the improvements. Staff finds this
criterion to be met at this time.
I. Access and Circulation. (Only standards I&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 land use within the PUD has adequate access to a public
street eUher directly or through an approved private road, a pedestrian way, or other
urea dedicated to public or private use.
Staff Finding:
Staff believes that all structures and uses have appropriate access to a public street. The
timeshare units, club, and affordable housing units have access from Ute Avenue, while the
additional parking on Lot 14A is accessed from Highway 82. There is also pedestrian access
available from the Aspen Club Trail located by the river. The trail that provides access from
Lot 14A to the club will be formally dedicated for public use as part of this application. Staff
finds this criterion to be met.
Exhibit B -PUD Review Criteria
Page 16 of 18
P46
2. The proposed development, vehicular access points, and parking arrangement do not
create traffic congestion on the roads surrounding the proposed development, or such
surrounding roads are proposed to be improved to accommodate the development.
Staff Finding:
The Applicant has submitted a Traffic Report that indicates the proposed parking
configuration will not adversely impact traffic levels on Ute Avenue or the adjacent
Intersections. The applicant has committed to no new traffic as a result of this development.
Staff finds this criterion to be met.
3. Areas of historic pedestrian or recreational trail use, improvements of, or connections
to, t/:e 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.
Staff Finding:
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. In addition a new trial easement will be provided for the trail that connects the
river to the Club building. 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.
Staff Finding:
The Applicant has agreed to provide an easement along Ute Avenue to continue the Ute
Avenue Trail. In addition a new trial easement will be provided for the trail that connects
the river to the Club building. Staff finds this criterion to be met.
S. 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.
Staff Finding:
There are 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.
Staff Finding:
There are 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)
Exhibit B -PUD Review Criteria
Page 17 of 18
P47
Tl:e 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 art
individual phase are mitigated adequately. If phasing of the development plan is proposed,
each phase shafl be defined in the adopted final PUD development plan.
Staff Finding:
No phasing is proposed as part of this development. The development will take place
approximately over a two (2) year period, however, the applicant has requested a seven (7) year
vesting period because of the national economic outlook and the availability of funding for
mixed use projects. Staff finds this criterion to be met, but recommends against the 7 year
vesting period.
Exhibit B -PUD Review Criteria
Page 18 of 18
P48
EXHIBIT C
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 standards, as applicable to the proposed development. These standards are
in addition to those standards applicable to the review of the PUD and Subdivision
applications.
A. Fiscal impact 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:
I. 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 C -Timeshare Review Criteria
Page I of 7
P49
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 Findiags:
The proposal does not include any conversion of an existing lodge into a timeshare 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 timeshare loge development. The new development will be
Exhibit C - Timeshaze Review Criteria
Page 2 of 7
P50
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.
Stall 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 bring
additional lodge rooms to the City's Lodging stock. Staff finds this criterion to not be
applicable.
D. Affordable housing requirements.
I. 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.
Section 26.470.050 of the Land Use Code requires projects 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, creating a generation of 31 FTEs (62 bedrooms * .5). 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 145%.
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.
2. The conversion of any multi-family dwelling unit that meets the de5nition of
residential multi-family housing to timesharing shall comply with the
Exhibit C -Timeshare Review Criteria
Page 3 of 7
P51
provisions of Chapter 26.530, Resident Multi-Family Replacement Program,
even when there is no demolition of the existing multi-family dwelling unit.
There are 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 Fir¢dirrgs:
Pursuant to section 26.5 ] 5.030 of the Land Use Code, 0.5 parking 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 timeshare units (40 * 0.5 = 20).
The Applicant has provided twenty (20) spaces in the sub-grade parking garage for the
timeshaze 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 provided a detailed Transportation Demand Management (TDM) plan
as part of the final application. The TDM plan includes shuttle services to and from the
airport for owners and guests of the timeshare units. This service will operate separate
from their in town shuttle services. The Transportation Department recommends that the
airport shuttle be provided on-demand only to avoid unnecessary trips. This has been
included as part of the Resolution. Additionally, the sales and marketing materials will
highlight the overall philosophy of the project (healthy living) as well as the
transportation options available at the club. These include the use of the Car Share
program, and on-site bikes. The applicant has also committed to having zero growth in
traffic trips as part of this project. Staff finds this criterion to be met.
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 timeshare owners will be prohibited from storing their cars in the garage when they
are not staying in their unit. Staff finds this criterion to be tnet.
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
Exhibit C -Timeshaze Review Criteria
Page 4 of 7
P52
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
timeshare instruments. These requirements are incorporated into the draft Disclosure
document. The timeshare instruments will be recorded simultaneously with the
PUD/SPA Agreement. 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 identi5cation of when and how maintenance will
be provided and shall also address the following requirements:
1. A fair procedure shall be established for the estate owners to review and
approve any fee increases which may be made throughout the life of the
timeshare development, to provide assurance and protection to timeshare
owners that management/assessment fees will be applied and used
appropriately.
2. The applicant shall also demonstrate that there will be a reserve fund to
ensure that the proposed timeshare development will be properly maintained
throughout its lifetime.
Staff Findings:
Exhibit C -Timeshare Review Criteria
Page 5 of 7
P53
The Applicant has committed to incorporating all the above requirements in the final
timeshare instruments. These requirements are incorpoiated into the draft Disclosure
document. The timeshare instruments will be recorded simultaneously with the
PUD/SPA Agreement. 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.R.S.; and Title 38, Article 33.3,
C.R.S.; including the requirements concerning the five (5) day period for rescission
of a sales contract and the procedures for holding deposits or down payments in
escrow.
StaFf Findings:
The Applicant has committed to incorporating all the above requirements in the final
timeshare instruments. These requirements are incorporated into the draft Disclosure
document. The final timeshare instruments will be recorded simultaneously with the
PUD/SPA Agreement. 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 FindinQS:
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.
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
Exhibit C -Timeshare Review Criteria
Pale 6 of 7
P54
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 C -Timeshare Review Criteria
Page 7 of 7
P55
EXHIBIT D
Chapter 26.470, Growth Management Quota System
Sec. 26.470ASO.B. General requirements: All development applications for growth
management review shall comply with the following standards. The reviewing body shall
approve, approve with conditions or deny an application for growth management review based
on the following generally applicable criteria and the review criteria applicable to the specific
type of development:
1. Sufficient growt/r management allotments nre available to accommodate the proposed
development, pursuant to Subsection 26.470.030.D. Applications for multi year
development a[lotnxent, pursuant to Paragraph 26.470.090.1 shall rzot be required to
meet this standard.
Staff Firrdinp:
The Application includes a request for multi-year allotment for the timeshare portion of the
development and 12 allotments for affordable housing. This review criterion is not
applicable to the timeshare portion of the applicant. There are sufficient affordable housing
allotments available. Staff finds this criterion to be met.
2. The proposed development is consistent with the Aspen Area Community Plan.
Staff Finding:
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 since Conceptual 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. Overall, Staff finds this review criterion to be met.
Housing:
The Applicant is providing 145% of the required Affordable Housing, which is an important
step in helping the community meet the Affordable Housing goals outlined in the AACP.
The Housing section of the AACP states the intent of affordable housing is to "create an
affordable housing environment that is appropriately scaled and distributed throughout
existing and new neighborhoods..." (Intent, pg 25). This development proposal mixes free-
market commercial and free-market lodging with affordable housing. The affordable
housing is scaled to relate to the adjacent Club building and other surrounding buildings.
This section also states that, "when employees have the ability to live near where they work,
their reliance on the automobile lessens and they have greater opportunities to become a part
of the town's social fabric" (Philosophy, pg 26). This proposal would provide 12 new
affordable housing rental units for Aspen Club Employees. A mix of category 2, 3, and 4
Exhibit D - GMQS Review Criteria
Page 1 of 1 ]
P56
units aze proposed, which will ensure the housing is accessible to a wide range of income
levels.
Managing Growth:
The AACP Managing Growth Chapter lists one of the main goals of managing growth as
"foster awell-balanced community through integrated design that promotes economic
diversity, transit and pedestrian friendly lifestyles, and the mixing of people from different
backgrounds." (Goal E, pg 19). The proposal will promote a mix of backgrounds through
the Club use as well as the affordable housing residents and lodge visitors that will be on site.
Additionally, a detailed transportation plan is proposed that promotes pedestrian access to the
site and the use of alternative modes of transportation.
Economic Sustainability:
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"
and that "the community and its governrnents should support local ownership as well as
externally-owned businesses that are locally-serving and locally-involved" (Philosophy, pg
31). The Aspen Club is owned by a variety of locals and non-locals, but it is a locally
operated business. 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 timeshare
sales to subsidize programs for locals. The Club currently provides services and events that
are designed for locals, including the "Tuesdays with Michael" program that highlights a
local non-profit and their activities every week in the summer, as well as periodic health
lectures. Staff believes that the concept of this application is a good one, and will go a long
way towazd furthering the goals outlined Aspen A;ea Community Plan.
The Economic Sustainability section also states that it is important to "encourage resource
efficiency, environmental responsibility, and cultural and community sensitivity in local
organizations and in construction" (Policies, pg 32). The applicant used the new LEED for
Neighborhood standards in developing the proposal. This requires that development be done
using environmentally friendly techniques. To that end, the applicant is investigating ways
to minimize construction impacts, utilizing alternative renewable energies and various energy
efficient materials. The applicant has committed to no net new energy use as a result of this
project.
Arts, Culture, & Education:
The AACP states that "...arts, culture, and education are acknowledged as essential to
Aspen's thriving yeaz-round economy, its vibrant international profile, and its future as a
unique place to live, work, and learn" (Philosophy. Pg 45). The Aspen Club currently works
to promote the Arts, Culture, and Education of the Aspen Area by supporting local non-
profits through provision of office space and financial support, and by facilitating educational
and wellness programs for Club members and community members at large.
Pazks, Open Space, & Environment:
Exhibit D - GMQS Review Criteria
Page 2 of 11
P57
The Pazks, Open Space, & Environment section of the AACP discusses the need to
"preserve, enhance and restore the natural beauty of the environment of the Aspen Area"
(Intent, pg 34). Staff believes the changes made to the application during conceptual review
help the proposal move in the direction of enhancing the riparian area on the site, and
bringing the riparian area into the site, however staff believes the current mass detracts from
the natural beauty of the area. The removal of units 5 and 6 would further help the
development meet this section of the AACP.
This section also states that "All Developments should be in accordance with the Wildlife
and Biodiversity map and the Parks, Open Space, and the Environment map to protect
sensitive habitat areas (e.g. riparian corridor and Elk habitat)" (Policies, pg 35). The
development is respecting the required stream margin setback and the applicant has worked
with the Parks Department to ensure that construction methods will not negatively impact the
riparian area.
Design Quality:
The Design Quality section of the AACP asks that development "retain and encourage an
eclectic mix of design styles to maintain and enhance the special character of our
community." The section also states that "we favor diversity tempered by context,
sometimes historical, sometimes not, as opposed to arbitrariness. `Context' refers first to
region, then town, neighborhood, and finally the natural and man made features joining a
particular development site. Decisions regarding scale, massing, form, materials, texture,
and color must be first measured by context. Contextual appropriateness transcends `style'
alone" (Philosophy, pg 42).
Staff believes the ideas put forward in the Application for a health and wellness facility are
good goals, and that the site plan changes at Conceptual have moved 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. In terms of
uses, the project does a good job of relating to the immediate context which is comprised of a
variety of uses. In terms of massing, staff is concerned that there is too much mass on the
site given its context of being on the urban rural fringe. The elimination of units 5 and 6
would help better meet the Design Quality section of the AACP.
Transnortatton:
The AACP has a number of goals and policies related to Transportation, including a policy
that new growth should be structured "on compact, mixed-use patterns that enable and
support travel by foot, bicycle, and public transportation for all types of trips" (Policies, pg
22). Additionally, the Transportation Chapter includes goals to maintain and improve "the
appeal of bicycling and walking...by adding sidewalk connections, replacing sidewalks, and
requiring sidewalks as part of development approvals, where appropriate..." (Goal C, pg 22)
and "the appeal of carpool or vanpooling for a wide variety of trip types" (Goal D, pg 22).
The Transportation Chapter also includes a policy to "require all employment, school, social,
recreation or other activities that generate demand for travel to mitigate traffic impacts
Exhibit D - GMQS Review Criteria
Page 3 of 11
P58
through support of alternative transportation modes in proportion to trips generates."
(Policies, pg 22)
The applicant has worked with city staff to create a set of Transportation Demand
Management (TDM) tools that focus on alternative forms of transportation, including
cazsharing, vanpools, carpooling, biking, and walking. The applicant has also committed to
installing a new sidewalk along Ute Avenue to make walking and biking safer and more
viable. The TDM plan includes a commitment to continue use of the Cross Town Shuttle
and the use of coordinated vans and shuttles for employees as well as visitors who stay at
other hotels but want to use the Aspen Club. Coordinated pick up service at the airport is
also proposed for the timeshare users. Staff believes that the TDM plan meets the goals and
policies of the AACP related to Transportation.
3. T/:e development conforms to t/re requirements and limitations of the zone district.
Staff Finding:
The application is For an SPA and PUD to vazy the underlying dimensional and use
requirements for this site. The project will comply with all dimensional and use
requirements that are established as part of the final PUD/SPA review. Staff finds this
criterion to be met.
4. The proposed development is consistent with the Conceptual Historic Preservation
Commission approval, the Conceptual Commercial Design Review approval and the
Conceptual Planned Unit Development approval, as applicable.
Staff Finding:
The project received conceptual commercial design review approval and conceptual PUD
approval. The final application is consistent with both those approvals. Staff finds this
criterion to be met.
5. Unless otherwise specified in this Chapter, sixty percent (60%) of the employees
generated by the additional commercial or lodge development, according to Subsection
26.470.IOO.A, Employee generation rates, are mitigated through the provision of
affordable housing. The employee generation mitigation plan shall be approved
pursuant to Paragraph 26.470.070.4, Affordable housing, at a Category 4 rate as
deftned in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An
applicant may choose to provide mitigation units at a lower category designation.
Staff Finding:
The applicant has committed to meeting the 60% employee mitigation number for the
Growth Management Review, which is the highest mitigation Ieve1 outlined in the code for
lodge development.
The lodge development includes 62 bedrooms (ten 3-bedroom units, four 4-bedroom units,
four 3-bedroom units, and two 2-bedroom units). Land Use Code section 26.470.100.A.1
states that there are .5 FTEs per lodging bedroom. Therefore, the employee generation is 31
Exhibit D - GMQS Review Criteria
Page 4 of 1 I
P59
FTEs (62 lodge bedrooms * .5 FTEs = 31 FTEs). At a mitigation level of 60%, the required
mitigation for the project is 18.6 FTEs (31 FTEs * 60% = 18.6 FTEs}.
The applicant is providing twelve 2-bedroom affordable housing units. Land Use Code
section 26.470.100.A.2 states that each 2 bedroom unit houses 2.25 FTEs. Therefore, the
proposed 12 affordable housing units will house 27 FTEs (12 two-bedroom units * 2.25FTEs
= 27 FTEs). This is approximately 145% of the required affordable housing mitigation.
Staff finds this criterion to be met.
6. Affordable housing net livable area, for which the frnished floor level is at or above
natural or finished grade, whichever is higher, shall be provided in an amount equal to
at least t/tirty percent (30%) of the additional free-market residential net livable area,
for which the frnished floor level is at or above natural or frnished grade, whichever is
higher.
Affordable housing shall be approved pursuant to Paragraph 26.470.070.4, Affordable
housing, a~ad be restricted to a Category 4 rate as defined in the Aspen/Pitkin County
Kousing Authority Guidelines, as amended. An applicant may choose to provide
mitigation units at a lower category designation. Affordable housing units that are
being provided absent a requiren¢ent ("voluntary units") may be deed-restricted at any
level of affordability, including residential occupied.
Staff Finding:
No free-market residential development is proposed as part of this application. Staff finds
this criterion is not applicable.
7. The project represents minimal additional demand on public infrastructure, or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking and road and transit services. (Ord. No. 14, 2007, §1)
Staff Finding:
Adequate public facilities exist and will be upgraded at the owner's expense. This includes
the realignment of a sewer line. The Applicant's new traffic study indicates that Ute Avenue
can accommodate the proposal's traffic generation. In addition, the applicant has created a
comprehensive TDM plan to encourage alternative modes of transportation for club users,
club employees, affordable housing resident, and timeshare owners. A safety plan, which
includes speed tables and humps, for Ute Ave has also been proposed to ensure the road is
safer for pedestrians. The applicant has committed to zero growth in traffic as a result of this
project. The applicant has hired consultants to assess the existing water flows to determine if
adequate flows exist for fire safety. The preliminary report indicates there are. The applicant
is working with the City Water and Fire Departments to confirm this. The applicant is also
working with the Engineering Department to ensure adequate drainage exists on the site.
Staff finds this criterion to be met at this time.
Exhibit D - GMQS Review Criteria
Page 5 of 11
P60
Sec. 26.470.070.Minor Planning and Zoning Commission applications.
The following types of development shall be approved, approved with conditions or denied by
the Planning and Zoning Commission, pursuant to Section 26.470.110, Procedures for review,
and the criteria for each type of development described below. Except as noted, all growth
management applications shall comply with the general requirements of Section 26.470.050.
Except as noted, the following types of growth management approvals shall be deducted from
the respective development ceiling levels but shall not be deducted from the annual development
allotments. Approvals apply cumulatively.
26.470.070.4. Affordable housing. The development of affordable housing deed-restricted in
accordance with the Aspen/Pitkin County Housing Authority Guidelines shall be approved,
approved with conditions or denied by the Planning and Zoning Commission based on the
following criteria:
a. The proposed units comply with the Guidelines of the AspenlPitkin County Housing
Authority. A recommendation from the Aspen/Pitkin County Housing Authority shall
be required for tltis standard. The Aspen/Pitkin County Housing Authority may
choose to hold a public hearing with the Board of Directors.
Staff Finding:
The proposed units have been reviewed by APCHA and comply with their guidelines. Nine
of the units will contain a minimum of 955 sq. ft. while the other 3 units will contain a
minimum of 860 sq. ft. The applicant is proposing the units be rental units so their
employees can live near their work. The units are proposed to be a mix of category 2, 3, and
4 units. Staff finds this criterion to be met.
b. Affordable housing required for mitigation purposes shall be in tl~e form of actual
newly built units or buy-down units. Off-site units shall be provided within the City
limits. Units outside tl:e City limits may be accepted as mitigation by the City Council,
pursuant to Paragraph 26.470.090.2. If the mitigation requirement is less than one (I)
full unit, acash-in-lieu payment may be accepted by the Planning and Zoning
Commission upon a recommendation from the Aspen/Pitkin County Housing
Authority. Ij the mitigation requirement is one (I) or more units, acash-in-lieu
payment shall require City Council approval, pursuant to Paragraph 26.470.090.3.
Required affordable housing may be provided through a mix of these methods.
Staff Finding:
The applicant is proposing built units on the development site. No off-site units or cash in
lieu is proposed. Staff finds this criterion to be met.
c. Eac/: unit provided shall be designed such that the finis/:ed floor [eve[ ojffty percent
(SO%) or more of the unit's net livable area is at or above natural or finished grade,
whichever is higher.
Exhibit D - GMQS Review Criteria
Page 6 of I 1
P61
Staff Finding:
All of the affordable housing units are located above grade. Underground storage is provided
for the units. Staff finds this criterion to be met.
d. The proposed units shall be deed-restricted as 'for sale" units and transferred to
qualified purchasers accorditzg to the Asperz/Pitkirz County Housing Authority
Guidelines. T/te owner may be entitled to select the first purchasers, subject to the
aforementioned qualifrcations, with approval from the AsperalPitkln County Housing
Authority. The deed restriction shall authorize t/te Aspen/Pitkirt County Housing
Authority or the City to own the unit and rent it to qualified renters as defzrzed in the
Affordable Housing Guidelines established by the Aspen/Pitklrz Country Housing
Authority, as amended.
The proposed units nzay be rental units, irzc(uding but not limited to rental units owned
by an employer or nonprofit organization, if a legal instrument in a form acceptable to
tl:e Ciry Attorney ensures perntar:ent affordability of the units. The Ciry encourages
affordable /rousing units required for lodge developrttent to be rental units associated
with the lodge operation acid contribufing to the long-term viability of the lodge.
Units owned by the Aspert/Pitkin County Housing Authority, t11e City of Aspect, Pitkirz
County or other similar governmental or quasi-municipal agency shall not be subject
to tIris mandatory ' for snle" provision.
Staff Finding:
The affordable housing units are proposed to be owned by the Aspen Club and Spa and
rented to qualified employees of the club. APCHA reviewed the application and had the
following comments that will be included as conditions of approval: "If the owner cannot
provide a qualified tenant, the units shall be rented through APCHA's normal advertising
process. At no time shall the tenancy of the units during a lease period be tied to continued
employment by the owner. Tenant leases, however, may be terminated for cause or at the end
of the lease period upon termination of employment." As a lodging operation, the city
encourages the affordable housing units to be rental and staff supports the request. Staff finds
this criterion to be met.
Sec. 26.470.090.City Council applications.
The following types of development shall be approved, approved with conditions or denied by
the City Council, pursuant to Section 26.470.110, Procedures for review, and the criteria for each
type of development described below. Except as noted, all growth management applications
shall comply with the general requirements of Section 26.470.050. Except as noted, all City
Council growth management approvals shall be deducted from the respective annual
development allotments and development ceiling levels.
26.470.090.1. Multi-year development allotment. The City Council, upon a recommendation
from the Planning and Zoning Commission, shall approve, approve with conditions or deny a
multi-year development allotment request based on the following criteria:
Exhibit D - GMQS Review Criteria
Page 7 of 11
P62
a. The proposed development is considered "exceptional" considering the following
criteria: (Note: A project need not meet all of the following criteria, only enough to be
sufficiently considered "exceptional. ")
1) The proposal exceeds the minimum affordable housing required for a standard
project.
Staff Finding:
The applicant is providing housing for 27 FTEs, when housing for 18.6 FTEs is
required by the code. This represents housing at 145% of the requirement. Staff
finds this criterion to be met.
1) TI¢e proposed project represents an excellent historic preservation accomplishment.
A recommendation from the Historic Preservation Officer shall be considered for
this standard.
Staff Finding:
The proposed development does not include a historic preservation element. The
property is not designated and is not on the Ordinance 48 list of potentially significant
structures. Staff finds this criterion is not applicable.
3) The proposal furthers affordable housing goals by providing units established as
priority through the current Aspen/Pitkin County Housing Authority Guidelines
and provides a desirable mix of affordable unit types, economic levels and lifestyles
(e.g., singles, seniors, families, etc.). A recommendation from the Aspen/Pitkin
County Housing Authority shall be considered for this standard.
Staff Finding:
The applicant has proposed a mix of Category 2, 3, and 4 units, although the land use
code only requires the provision of Category 4 units. Category units that are below
Category 4 are priority units for AHCPA. The mix of categories will enable a variety
of income levels to rent housing near where they work. The income requirements for
these categories are:
Maximum Income for Rental Units
Cateaory Cateeorv Cateeorv
No. of Adults 2 3 4
1 Adult $49,000 $79,000 $129,000
2 Adult $73,000 $119,000 $193,000
3 Adult $85,000 $139,000 $225,000
Net Assets not in Excess
of:
$125,000
$150,000
$175,000
Staff finds this criterion to be met.
Exhibit D - GMQS Review Criteria
Page 8 of I 1
P63
4) The proposal minimizes impacts on public infrastructure by incorporating
innovative, energy-saving techniques.
Staff Finding:
The applicant is committing to a project that will contain no net new energy usage.
This is being done through upgrades to the existing Club building (insulation,
drainage, etc) and energy efficient building techniques, like radiant floors, energy
efficient materials, etc. In addition, the applicant is contemplating the use of solar
panels, and has committed to the use of Ground Source Heat Pumps (GSHP). The
project is participating in the LEED-ND program, and will exceed the City's adopted
energy codes. Staff finds this criterion to be met.
5) The proposal minimizes co~astruction impacts to the extent practicable both during
acrd after construction.
Staff Finding:
The applicant has provided a preliminary construction management plan, which
indicates the project will meet all applicable city code requirements related to
construction. Amore detailed plan will be submitted at the time of the building
permit application.
Staff would like more detail on construction types. For instance, the applicant
indicated during the conceptual review that modular construction might be used in an
effort to decrease construction impacts. There is no information on the final
application regarding this issue.
At this time staff finds this criterion is met.
6) The proposal maximizes potential public transit usage and minimizes reliance on
the automobile.
Staff Finding:
The applicant has submitted a detailed Transportation Demand Management (TDM)
plan and traffic study that commits to a zero growth project in terms of traffic. The
TDM plan includes specific measures to reduce the reliance on the automobile and
increase use of alternative modes, including carpooling, biking, walking, and using
shuttles. Specific measures are proposed for Aspen Club employees, those living in
the affordable housing units, owners and guests of the timeshare units, and members
and guests of the Aspen Club & Spa. The plan has been reviewed by the
Transportation Department. Staff finds this criterion is met.
7) The proposal exceeds minimum requirements of the Efftcient Building Code or for
LEEDS certification, as applicable. A recommendation from the Building
Department shall be considered for this standard
Staff Finding:
Exhibit D - GMQS Review Criteria
Page 9 of 11
P64
The applicant is participating in the LEED-ND pilot program, which requires specific
measures be taken to reduce the overall environmental footprint of the development.
The Applicant worked with Resource Engineering Group to do an energy use study of
the proposal (see Exhibit 2 in the Application Appendix D). The Applicant's goal is
to have the entire energy use on site after the development be equal to or less than the
energy used on site today. To do that, the applicant will use a Ground Source Heat
Pump (GSHP) loop for heating and cooling, improved insulation and HVAC systems
on the club building, and the use of radiant floors for efficient heating in the
timeshaze and affordable housing units. The applicant has also committed to
exceeding the City's current energy code. Staff finds this criterion to be met.
8) The proposal promotes sustainability of the local economy.
Staff Finding:
One of the applicant's stated goals with this project is to ensure that the Aspen Club
and Spa remain an economically viable business. The timeshare units will help
subsidize improvements to the Club and new programming opportunities. The Aspen
Club is a business that currently serves both locals and visitors, and the improvements
envisioned for the club will help ensure it is attractive to locals and visitors in the
future. Additionally, the provision of rental affordable housing for club employees
will provide opportunities for employees to put roots in the community. The
timeshare units will be subject to the Real Estate Transfer Tax (RETT) when they are
sold, creating tax revenue. Staff finds this criterion to be met.
9) The proposal represents a desirable site plan and an architectural design solution.
Staff Finding:
The site has a great asset in the Roaring Fork River, which crosses the site. The
Applicant will abide by all requirements for stream mazgin review, which will help
preserve the riparian area. However, staff does not believe that the site plan
appropriately preserves or enhances this important natural feature. During
Conceptual approval the applicant amended the site plan to create a larger open space
on the lower bench of the property. Staff does not believe this has created a large
enough area to preserve and enhance views of the river and riparian area.
In terms of architecture, the applicant has stated to staff that the proposed mass, scale,
and materials aze intended to convey a residential scale that is representative of the
different buildings and uses in the area, while also being true to the Club's use. The
applicant has done this by making the "townhome" units residential in character (a
mix of pitched and flat roofs, materials palate of stone and wood that is similar to
residential uses in the area, modulation typical of residential townhomes) and
changing the existing blank far~ade of the club to be more articulated and pedestrian
friendly. Staff has concerns related to the massing of the proposal. In addition, the
proposal will be subject to final Commercial Design Review following approval of
the final PUD/SPA application. Staff anticipates having concerns related to the
specific Commercial Design Review Criteria, including Building Design and
Exhibit D - GMQS Review Criteria
Page 10 of I 1
P65
Articulation. However the applicant has time to refine the design between now and
the future review.
The applicant has proposed a water feature as part of the landscaping plan. This
water feature is located in the middle of the site and runs from the lower bench to the
upper bench. There are paths that run through the site to connect the timeshare units
to the Club and the parking areas. In addition, the applicant is providing a permanent
trail easement for the trail running from the river to the Club building and parking
area. The applicant worked with planning staff and the fire department to come up
with a way to provide adequate fire access without creating additional paved areas.
The solution is the installation of grass pavers in portions of the upper bench area.
The elimination of units 5 and 6 would help alleviate staff's concerns. At this time,
staff finds this criterion is not met.
10) The proposed development is compatible with the character of tl:e existing lmzd
uses in the surrounding area and the purpose of the underlying zone district.
Staff Finding:
The uses in the azea are quite mixed, with commercial, single-family free market
residential, multi-family affordable housing, and non-profit uses all on the adjacent
properties. Along Ute Avenue, there are short term accommodations as well as a
variety of residential uses. Staff finds that the proposed use mix will fit in with and is
consistent with the variety of uses on the immediately adjacent parcels and the overall
context of Ute Avenue. Staff believes the proposed health and wellness program will
be a good addition to the existing Club services and to the community in general.
Overall, staff finds this criterion is met.
b. The project complies with all other provisions of tl:e Lmzd Use Code and bas obtained
all necessary approvals from the Historic Preservation Conzrnission, the P[anrzing and
Zoning Commission arzd the City Council, as applicable.
Staff Finding:
The Growth Management Reviews aze part of a larger application. Assuming these
reviews are approved by the Planning and Zoning Commission and City Council, this
criterion is met.
c. The Community Development Director shall be directed to reduce the applicable
amzual development allotments, as provided in Subsection 26.470.030.D, in subsequent
years as determined appropriate by the Ciry Council.
Staff Finding:
The Community Development Director will reduce the annual development allotments as
applicable. Staff finds this criterion to be met.
Exhibit D - GMQS Review Criteria
Page 11 of 11
P66
EXHIBIT E
Chapter 26.310, Amendments to the Land Use Code and Official Zone District Map
Sec. 26.310.040. Standards of review. In reviewing an amendment to the text of this Title or
an amendment to the Official Zorie District Map, the City Council and the Planning and Zoning
Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this Title.
Staff Finding:
Through the review criteria outlined in the exhibits, staff believes the requirements of the code
are met, although some minor changes are suggested. Overall, staff finds this criterion to be met.
B. Whether the proposed amendment is consistent with al[ elements of the Aspen Area
Community Plan.
Staff Finding:
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 since Conceptual 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. Overall,
Staff finds this review criterion to be met.
Housing:
The Applicant is providing 145% of the required Affordable Housing, which is an important step
in helping the community meet the Affordable Housing goals outlined in the AACP. The
Housing section of the AACP states the intent of affordable housing is to "create an affordable
housing environment that is appropriately scaled and distributed throughout existing and new
neighborhoods..." (Intent, pg 25). This development proposal mixes free-market commercial
and free-market lodging with affordable housing. The affordable housing is scaled to relate to
the adjacent Club building and other surrounding buildings.
This section also states that, "when employees have the ability to live near where they work,
their reliance on the automobile lessens and they have greater opportunities to become a part of
the town's social fabric" (Philosophy, pg 26). This proposal would provide 12 new affordable
housing rental units for Aspen Club Employees. A mix of category 2, 3, and 4 units are
proposed, which will ensure the housing is accessible to a wide range of income levels.
Managing Growth:
The AACP Managing Growth Chapter lists one of the main goals of managing growth as "foster
a well-balanced community through integrated design that promotes economic diversity, transit
and pedestrian friendly lifestyles, and the mixing of people from different backgrounds." (Goal
E, pg 19). The proposal will promote a mix of backgrounds through the Club use as well as the
Exhibit E -Rezoning Review Criteria
Page 1 of 5
P67
affordable housing residents and lodge visitors that will be on site. Additionally, a detailed
transportation plan is proposed that promotes pedestrian access to the site and the use of
alternative modes of transportation.
Economic Sustainability:
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" and that
"the community and its governments should support local ownership as well as externally-owned
businesses that are locally-serving and locally-involved" (Philosophy, pg 31). The Aspen Club
is owned by a variety of locals and non-locals, but it is a locally operated business. 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. The Club currently provides services and events that are designed for locals, including
the "Tuesdays with Michael" program that highlights a local non-profit and their activities every
week in the summer, as well as periodic health lectures. Staff believes that the concept of this
application is a good one, and will go a long way toward furthering the goals outlined Aspen
Area Community Plan.
The Economic Sustainability section also states that it is important to "encourage resource
efficiency, environmental responsibility, and cultural and community sensitivity in local
organizations and in construction" (Policies, pg 32). The applicant used the new LEED for
Neighborhood standards in developing the proposal. This requires that development be done
using enviromnentally friendly techniques. To that end, the applicant is investigating ways to
minimize construction impacts, utilizing alternative renewable energies and various energy
efficient materials. The applicant has committed to no net new energy use as a result of this
project.
Arts Culture. & Education-
The AACP states that "...arts, culture, and education are acknowledged as essential to Aspen's
thriving year-round economy, its vibrant international profile, and its future as a unique place to
live, work, and learn" (Philosophy. Pg 45). The Aspen Club currently works to promote the
Arts, Culture, and Education of the Aspen Area by supporting local non-profits through
provision of office space and financial support, and by facilitating educational and wellness
programs for Club members and community members at large.
Parks Open Space & Environment:
The Pazks, Open Space, & Environment section of the AACP discusses the need to "preserve,
enhance and restore the natural beauty of the environment of the Aspen Area" (Intent, pg 34).
Staff believes the changes made to the application during conceptual review help the proposal
move in the direction of enhancing the riparian azea on the site, and bringing the riparian azea
into the site, however staff believes the current mass detracts from the natural beauty of the area.
The removal of units 5 and 6 would further help the development meet this section of the AACP.
This section also states that "All Developments should be in accordance with the Wildlife and
Biodiversity map and the Parks, Open Space, and the Environment map to protect sensitive
Exhibit E-Rezoning Review Criteria
Page 2 of 5
P68
habitat azeas (e.g. ripazian corridor and Elk habitat)" (Policies, pg 35). The development is
respecting the required stream mazgin setback and the applicant has worked with the Pazks
Department to ensure that construction methods will not negatively impact the riparian azea.
Design Quality:
The Design Quality section of the AACP asks that development "retain and encourage an
eclectic mix of design styles to maintain and enhance the special character of our community."
The section also states that "we favor diversity tempered by context, sometimes historical,
sometimes not, as opposed to arbitraziness. `Context' refers first to region, then town,
neighborhood, and finally the natural and man made features joining a particular development
site. Decisions regarding scale, massing, form, materials, texture, and color must be first
measured by context. Contextual appropriateness transcends `style' alone" (Philosophy, pg 42).
Staff believes the ideas put forwazd in the Application for a health and wellness facility are good
goals, and that the site plan changes at Conceptual have moved 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. In terms of uses, the project does a
good job of relating to the immediate context which is comprised of a vaziety of uses. In terms
of massing, staff is concerned that there is too much mass on the site given its context of being
on the urban/rural fringe. The elimination of units 5 and 6 would help better meet the Design
Quality section of the AACP.
Transnortation:
The AACP has a number of goals and policies related to Transportation, including a policy that
new growth should be structured "on compact, mixed-use patterns that enable and support travel
by foot, bicycle, and public transportation for all types of trips" (Policies, pg 22). Additionally,
the Transportation Chapter includes goals to maintain and improve "the appeal of bicycling and
walking...by adding sidewalk connections, replacing sidewalks, and requiring sidewalks as part
of development approvals, where appropriate..." (Goal C, pg 22) and "the appeal of carpool or
vanpooling for a wide vaziety of trip types" (Goal D, pg 22). The Transportation Chapter also
includes a policy to "require all employment, school, social, recreation or other activities that
generate demand for travel to mitigate traffic impacts through support of alternative
transportation modes in proportion to trips generates." (Policies, pg 22)
The applicant has worked with city staff to create a set of Transportation Demand Management
(TDM) tools that focus on alternative forms of transportation, including cazsharing, vanpools,
carpooling, biking, and walking. The applicant has also committed to installing a new sidewalk
along Ute Avenue to make walking and biking safer and more viable. The TDM plan includes a
commitment to continue use of the Cross Town Shuttle and the use of coordinated vans and
shuttles for employees as well as visitors who stay at other hotels but want to use the Aspen
Club. Coordinated pick up service at the airport is also proposed for the timeshare users. Staff
believes that the TDM plan meets the goals and policies of the AACP related to Transportation.
Exhibit E -Rezoning Review Criteria
Page 3 of 5
P69
C. Whetlzer the proposed amendment is compatible with surrounding zone districts and (and
uses, considering existing land use artd neighborhood c/zaracteristics.
Staff Findine:
The proposed development is consistent with the character of the area. 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 housing projects. Additionally, adjacent parcels also include non-profit
and commercial uses. Staff finds this criterion to be met.
D. The effect of the proposed amendment on traffic generation and road safety.
Staff Findirt~:
The Applicant's new traffic study indicates that Ute Avenue can accommodate the proposal. In
addition, the applicant has created a comprehensive TDM plan to encourage alternative modes of
transportation for club users, club employees, affordable housing resident, and timeshare owners.
A safety plan, which includes speed tables and humps, for Ute Ave has also been proposed to
ensure the road is safer for pedestrians. The applicant has committed to zero growth in traffic as
a result of this project. Staff finds this criterion to be met.
E. Whether and the extent to which the proposed anzendnzent would result in demands on
public facilities arzd whether and the extent to which the proposed amendment would exceed
the capacity of such public facilities including, but not limited to, transportation facilities,
sewage facilities, water supply, parks, drainage, schools and emergency medical facilities.
Staff Findine:
The applicant has agreed to pay for any extension or improvement of utilizes if any aze needed.
The Applicant has contracted with a consulting firm to determine available water flows for the
site. That study has indicated that there is enough water capability for required fire needs. The
applicant is working with the ACSD on a realignment of the sewer. The proposal is currently
being reviewed by the board of directors.
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 timeshare units will have a similar 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 areas of the site are re-
paved as part of the redevelopment, Staff recommends that the re-paving utilize pervious paving
materials. The Engineering Department has reviewed the application and is working with the
applicant to ensure there is adequate drainage onsite.
At this time, staff does not finds this criterion is met.
F. Whether and the extent to which the proposed amendment would result in signifcanUy
adverse impacts on the natural environnxenG
Exhibit E -Rezoning Review Criteria
Page 4 of 5
P70
Statf Finding:
The applicant has committed to ensuring the new development uses no more energy than the
existing development. This will be done through increased energy efficiency of the Aspen Club
building and the use of a GSHP loop.
There are some trees that need to be removed, but the applicant has worked with the Parks
Department to ensure the trees are properly mitigated for. In addition, the applicant is abiding by
all stream mazgin requirements.
Staff finds this criterion to be met.
C. Whether the proposed amendment is consistent and compatible with the community
character in the City.
Staff Finding:
The Rezoning is required because of the SPA designation (the SPA designation is required to
allow Affordable Housing and Lodging on the site). Other parcels in the immediate area are also
zoned with an SPA overlay (Silverlining Ranch and the Benedict Building). The proposed
development is consistent with the chaacter of the area, as outlined in Review Criteria C, above.
Both Affordable Housing and Lodging aze uses that are located throughout town and aze integral
to the functionality of "Aspen the Resort" and "Aspen the Community". The city has a number
of small neighborhood lodges that are scattered throughout residential areas. This proposal is
similaz to those lodges in term of size and character. Staff finds this criterion to be met.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood w/rich support the proposed amendment.
Staff Finding:
The neighborhood already contains a mix of uses and the lodging component would add to that
diversity. In addition, there have been no recent changes in the area or to the land use code that
address this kind of development. Staff finds this criterion is not applicable.
I. Whether the proposed amendment would be in conflict with the public interest and
whether it is in harmony with tl:e purpose and intent of this Title.
Staff Finding:
There is no known conflict regarding this application. There aze a number of parcels with SPA
overlays in the area, and an SPA on this site would enable the creation of additional affordable
housing, which is a goal of the Aspen Area Community Plan. Staff believes that the SPA
designation would create a public benefit. It will allow affordable housing to be developed on
the parcel, 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 timeshaze 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. Staff finds this criterion to
be met.
Exhibit E -Rezoning Review Criteria
Page 5 of 5
P71
)EXHIBIT F
Sec. 26.435.040. Stream margin review.
C. Stream margin review standards. No development shall be permitted within the stream
margin of the Roaring Fork River unless the Community Development Director makes a
determination that the proposed development complies with all requirements set forth below:
L It can be demonstrated that any proposed development which is in the Special Flood
Hazard Area will not increase tl:e base flood elevation on the parcel proposed for
development. This shall be demonstrated by an engineering study prepared by a
professional engineer registered to practice ira the State which shows that the base
flood elevation will not be raised, including, but not limited to, proposing mitigation
techniques on or off-site which compensate for arry base flood elevation increase
caused by the developnre:at; mrd
Staff Finding:
There is no development proposed in a Special Flood Hazard Area. Staff finds this criterion
is met.
2. The recommendations of the Aspen Area Community Plan: Parks/Recreation/Open
Space/Trails Plmr and the Roaring Fork River Greenway Plarr are implemented in the
proposed plan for development, to the greatest extent practicable. Areas of historic
public use or access shall be dedicated via a recorded easement for public use. A
fisherman's easement granting public ftsltirrg access within the high water boundaries
of the river course shall be granted vin a recorded "Fishermmr's Easement; "and
Staff Finding:
There are no specific mentions of this area in the AACP or the Greenway Plan. The
applicant is maintaining the existing Aspen Club trail that crosses the property, and is
creating a new trial easement that connects the river area to the Club building and the parking
area. There is an existing path that is being reconfigured (after consultation with the Parks
Department) and will be in the new trail easement. Only hand tools will be used in the
stream margin are for this path. In addition, the applicant is creating a fisherman's easement.
Staff finds this criterion to be met.
3. There is no vegetation removed or damaged or slope grade changes (cut or fill) made
outside of a specifcally defined building envelope. A building envelope shall be
designated by this review and said envelope shall be designated by this review and said
envelope shall be recorded on a plat pursuant to Subsection 26.435.040.F.1; and
Staff Finding:
There is vegetation being removed on site in consultation with the Parks Department. The
landscaping will be consistent with the native vegetation. There will be grade changes to
"repair" the damage cause by the existing tennis courts and to move and dedicate to the
public the exiting trail that crosses the stream margin. Any activity in the stream margin will
Exhibit F -Stream Margin Review Criteria
Page 1 of 4
P72
be required to be done using hand tools and will be done in conjunction with the Parks
Department. Staff finds this criterion to be met.
4. The proposed development does not pollute or interfere with the natural changes of the
river, stream or other tributary, including erosion and/or sedimentation during
construction. Increased on-site drainage shall be accommodated within the parcel to
prevent entry into the river or onto its banks. Pools or /tot tubs cannot be drained
outside of the designated building envelope; and
Staff Finding:
The proposal will not have an impact on the natural changes to the Roaring Fork River. The
applicant is working with the Engineering Department to ensure the drainage is properly
handled on site. Staff finds this criterion to be met at this time.
5. Written notice is given to the Colorado Water Conservation Board prior to any
alteration or relocation of a water course and a copy of said notice is submitted to tl:e
Federal Emergency ManagementAgency; and
Staff Finding:
No alteration or relocation of the Roaring Fork River is proposed as part of this application.
Staff finds this criterion to not be applicable.
6. A guarantee is provided in the event a water course is altered or relocated, that applies
to the developer and his heirs, successors and assigns that ensures that the flood
carrying capacity on the parcel is not diminished; and
Staff Finding:
No alteration or relocation of the Roaring Fork River is proposed as part of this application.
Staff finds this criterion to not be applicable.
7. Copies are provided of all necessary federal and state permits relating to work within
the 100 year flood plain; and
Staff Finding:
There is no work taking place within the mapped 100 year floodplain. Staff finds this
criterion to be met.
8. There is no development outer than approved native vegetation planting taking place
below the top of slope or within fifteen (1 S) feet of the top of slope or the high
waterline, whichever is most restrictive. This is an effort to protect the existing
riparian vegetation and bank stability. New plantings (including trees, shrubs, flowers
and grasses) outside of the designated building envelope on the river side shall be
native riparian vegetation as approved by the City. A landscape plan will be submitted
with all development applications. The top of slope and IOO year flood plain elevation
of the Roaring Fork River shall be determined by tl:e Stream Margin Map located in
Exhibit F -Stream Margin Review Criteria
Page 2 of 4
P73
the Community Development Department and filed at the City Engineering
Department; and
Staff Finding:
There is vegetation being removed on site in consultation with the Parks Department. The
landscaping will be consistent with the native vegetation. There will be grade changes to
"repair" the damage cause by the existing tennis courts and to move and dedicate to the
public the exiting trail that crosses the stream margin. Any activity in the stream margin will
be required to be done using hand tools and will be done in conjunction with the Parks
Department. The current lighting plan includes 2 lights in the areas protected by stream
margin review. These will not be allowed and will need to be removed from the final
lighting plan. Staff finds this criterion to be met.
9. All development outside the fifteen (1 S) foot setback from the top of slope does not
exceed a lzeigltt delir:eated by a line drawn at a forty-five (45) degree angle froth
growzd level at the top of slope. Height shall be measured and determined by the
Comnzurzity Development Director using the defirzitiorz for lteigbt set forth at Section
26.04.100 and method of calculating height set forth at Section 26.575.020 as shown in
Figure "A' ;and
Staff Finding:
The applicant has provided documentation indicating the proposed development will not
encroach into the 45 degree plane. Staff has asked for additional information on this
requirement. At this time, staff finds this criterion to be met.
10. All exterior lig/acing is low and downcast with no liglat(s) directed toward the river or
located down tl:e slope and shall be in compliance with Section 26.575.150. Alighting
plan will be submitted with all development applications; and
Staff Finding:
The applicant has provided a lighting plan that meets the lighting code. However, 2 lights
will need to be removed from the plan as they are located in the protected stream margin
area. These will not be allowed and will need to be removed from the final lighting plan.
Staff finds this criterion to be met.
Exhibit F -Stream Margin Review Criteria
Page 3 of 4
P74
11. There has been accurate identification of wetlands and riparian Zones.
Staf(Findinp:
The townhome units will be located in areas that currently house tennis courts. No wetlands
or riparian aeeas will be disturbed by the townhome development. All activity taking place in
the riparian area (stream margin area) will be done with hand tools and is approved because it
involves the dedication of a trail for public use and benefit. All work done will be in
conjunction with the Parks Department. Staff finds this criterion to be met.
Exhibit F -Stream Margin Review Criteria
Page 4 of 4
P75
EXHIBIT G, SUBDIVISION
Chapter 26.480, SUBDIVISION
Section 26.480 of the City Land Use Code provides that development applications for
Subdivision must comply with the following standards and requirements.
A. Cenerai Requirements
1. The proposed subdivision sltaii be consistent with the Aspen Area ComprelTensive
Plan.
Staff Finding:
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 since Conceptual 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 &
enviromnent. Overall, Staff finds this review criterion to be met.
Housin¢:
The Applicant is providing 145% of the required Affordable Housing, which is an important
step in helping the community meet the Affordable Housing goals outlined in the AACP.
The Housing section of the AACP states the intent of affordable housing is to "create an
affordable housing environment that is appropriately scaled and distributed throughout
existing and new neighborhoods..." (Intent, pg 25). This development proposal mixes free-
market commercial and free-market lodging with affordable housing. The affordable
housing is scaled to relate to the adjacent Club building and other surrounding buildings.
This section also states that, "when employees have the ability to live near where they work,
their reliance on the automobile lessens and they have greater opportunities to become a part
of the town's social fabric" (Philosophy, pg 26). This proposal would provide 12 new
affordable housing rental units for Aspen Club Employees. A mix of category 2, 3, and 4
units are proposed, which will ensure the housing is accessible to a wide range of income
levels.
ManaQlria Growth:
The AACP Managing Growth Chapter lists one of the main goals of managing growth as
"foster awell-balanced community through integrated design that promotes economic
diversity, transit and pedestrian friendly lifestyles, and the mixing of people from different
backgrounds."' (Goal E, pg 19). The proposal will promote a mix of backgrounds through
the Club use as well as the affordable housing residents and lodge visitors that will be on site.
Additionally, a detailed transportation plan is proposed that promotes pedestrian access to the
site and the use of alternative modes of transportation.
Economic Sustainability:
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
Exhibit G -Subdivision Review Criteria
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P76
to the local economy, and provides additional opportunities for upward mobility of people"
and that "the community and its governments should silpport local ownership as well as
externally-owned businesses that are locally-serving and locally-involved" (Philosophy, pg
31). The Aspen Club is owned by a variety of locals and non-locals, but it is a locally
operated business. 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 timeshare
sales to subsidize programs for locals. The Club currently provides services and events that
are designed for locals, including the "Tuesdays with Michael" program that highlights a
local non-profit and their activities every week in the summer, as well as periodic health
lectures. Staff believes that the concept of this application is a good one, and will go a long
way toward furthering the goals outlined Aspen Area Community Plan.
The Economic Sustainability section also states that it is important to "encourage resource
efficiency, environmental responsibility, and cultural and community sensitivity in local
organizations and in construction" (Policies, pg 32). The applicant used the new LEED for
Neighborhood standazds in developing the proposal. This requires that development be done
using environmentally friendly techniques. To that end, the applicant is investigating ways
to minimize construction impacts, utilizing alternative renewable energies and various energy
efficient materials. The applicant has committed to no net new energy use as a result of this
project.
Arts, Culture, & Education:
The AACP states that "...arts, culture, and education are acknowledged as essential to
Aspen's thriving year-round economy, its vibrant international profile, and its future as a
unique place to live, work, and learn" (Philosophy. Pg 45). The Aspen Club currently works
to promote the Arts, Culture, and Education of the Aspen Area by supporting local non-
profits through provision of office space and financial support, and by facilitating educational
and wellness programs for Club members and community members at large.
Parks, Open Snace, & Environment:
The Parks, Open Space, & Environment section of the AACP discusses the need to
"preserve, enhance and restore the natural beauty of the environment of the Aspen Area"
(Intent, pg 34). Staff believes the changes made to the application during conceptual review
help the proposal move in the direction of enhancing the ripazian azea on the site, and
bringing the riparian area into the site, however staff believes the current mass detracts from
the natural beauty of the azea. The removal of units 5 and 6 would further help the
development meet this section of the AACP.
This section also states that "All Developments should be in accordance with the Wildlife
and Biodiversity map and the Parks, Open Space, and the Environment map to protect
sensitive habitat azeas (e.g. ripazian corridor and Elk habitat)" (Policies, pg 35). The
development is respecting the required stream margin setback and the applicant has worked
with the Parks Department to ensure that construction methods will not negatively impact the
riparian area.
Design Oualitv:
The Design Quality section of the AACP asks that development "retain and encourage an
eclectic mix of design styles to maintain and enhance the special character of our
Exhibit G -Subdivision Review Criteria
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community." The section also states that "we favor diversity tempered by context,
sometimes historical, sometimes not, as opposed to arbitrariness. `Context' refers first to
region, then town, neighborhood, and finally the natural and man made features joining a
particular development site. Decisions regarding scale, massing, form, materials, texture,
and color must be first measured by context. Contextual appropriateness transcends `style'
alone" (Philosophy, pg 42).
Staff believes the ideas put forward in the Application for a health and wellness facility are
good goals, and that the site plan changes at Conceptual have moved 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. In terms of
uses, the project does a good job of relating to the immediate context which is comprised of a
variety of uses. In terms of massing, staff is concerned that there is too much mass on the
site given its context of being on the urban/rural fringe. The elimination of units 5 and 6
would help better meet the Design Quality section of the AACP.
Transportation:
The AACP has a number of goals and policies related to Transportation, including a policy
that new growth should be structured "on compact, mixed-use patterns that enable and
support travel by foot, bicycle, and public transportation for all types of trips" (Policies, pg
22). Additionally, the Transportation Chapter includes goals to maintain and improve "the
appeal of bicycling and walking...by adding sidewalk connections, replacing sidewalks, and
requiring sidewalks as part of development approvals, where appropriate..." (Goal C, pg 22)
and "the appeal of carpool or vanpooling for a wide variety of trip types" (Goal D, pg 22).
The Transportation Chapter also includes a policy to "require all employment, school, social,
recreation or other activities that generate demand for travel to mitigate traffic impacts
through support of alternative transportation modes in proportion to trips generates."
(Policies, pg 22)
The applicant has worked with city staff to create a set of Transportation Demand
Management (TDM) tools that focus on alternative forms of transportation, including
carsharing, vanpools, carpooling, biking, and walking. The applicant has also committed to
installing a new sidewalk along Ute Avenue to make walking and biking safer and more
viable. The TDM plan includes a commitment to continue use of the Cross Town Shuttle
and the use of coordinated vans and shuttles for employees as well as visitors who stay at
other hotels but want to use the Aspen Club. Coordinated pick up service at the airport is
also proposed for the timeshare users. Staff believes that the TDM plan meets the goals and
policies of the AACP related to Transportation.
2. The proposed subdivision slrall be consistent with the character of existing land
uses in the area.
Staff Firidinp
The proposed development is consistent with the character of the area. The neighborhood
consists of a variety of single-family and multi-family homes, as well as commercial, non-
profit and lodging uses. The proposed affordable housing is consistent with the adjacent
Exhibit G -Subdivision Review Criteria
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properties, which include a number of affordable housing projects. Additionally, adjacent
parcels also include non-profit and commercial uses. Staff finds this criterion to be met.
3. The proposed subdivision shall not adversely affect the future development of
surrounding areas.
Staff Finding:
Staff believes that this development will not adversely affect the future development of the
area. Most of the area is at or near build out, so there is not a great deal of future
development opportunities. Staff finds this criterion to be met.
4. Tl:e proposed subdivision s/:all be in compliance with al[ applicable requirements
of this Title.
Staff Finding
Through the review criteria outlined in the exhibits, staff believes the requirements of the
code are met, although some minor changes are suggested. Overall, staff finds this criterion
to be met.
B. Suitability of Land for Subdivision
a. Land suitability. The proposed subdivision shall not be located on land unsuitable
for development because offlooding, drainage, rock or soil creep, mudJlow,
rocks[ide, avalanche or snowslide, steep topography or any other natural
hazard or other condition that will be harmful to the healtlT, safety, or welfare
of the residents in the proposed subdivision.
Staff Finding:
The Applicant has located all development outside the Roaring Fork River's mapped
100-year floodplain. The applicant conducted an avalanche study as part of the final
application, which found the affordable housing units are in the "blue zone." According
to the study, "blue zone" avalanches have a return period of 30 to 100 yeazs, or a 1% to
3% probability annually. The applicant and Engineering Department have agreed to have
the mudflow risk to be evaluated by the Colorado Geologic Survey. Staff finds this
criterion to be met at this time.
b. Spatial pattern effcient The proposed subdivision shall not be designed to create
spatial patterns that cause inefficiencies, duplication or premature extension of public
facilities and unnecessary public costs.
Staff Finding
Staff believes that the property is suitable for subdivision and development. There are
existing public utilities and services (including transportation) in the area. Any cost
associated with utility upgrades will be borne by the applicant. Staff finds this criterion
to be met.
Exhibit G -Subdivision Review Criteria
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C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for
the proposed subdivision. These standards may be varied by special review (See, C1:apter
26.430) if the following conditions have been nzet:
1. A unique situation exists for tl:e deve[opnzent where strict adherence to the
subdivision design standards would result in irzconzpatibility with the Aspen Area
Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the
community.
2. The applicant shall specify each design standard variation requested and
provide justification for each variation request, providing design recommendations by
professional engineers as necessary.
Staff Finding
The Applicant has consented in the application to meet the applicable required improvements
pursuant to Section 26.580. Staff finds this criterion to be met.
D. Affordable lzousing. A subdivision which is comprised of replacement dwelling
units shall be required to provide affordable lzousirzg in compliance with the requirements
of Chapter 26.520, Replacement Housing Progrmzz. A subdivision which is comprised of
new dwelling units shall be required to provide affordable /:Dosing in compliance with the
requirements of Chapter 26.470, Growth Management Quota System.
Staff Finding
The applicaz~t is providing 12 affordable housing units to mitigate the new timeshare lodge
units. No mitigation is required for the Club remodel. Further, more affordable housing than
is required is provided by this proposal. Staff finds this criterion to be met.
E. Sc/zoo/ Larzd Dedication. Compliance with the Sc/zoo/ Land Dedication Standards
set forth at Chapter 26.630.
Staff Finding
The proposed subdivision is required to meet the School Land Dedication Standards pursuant
to Land Use Code Section 26.630. The Applicant has. proposed to pay cash-in-lieu of
providing land. The Applicant has consented to paying the applicable school land dedication
fee at the time of building permit issuance for development within the subdivision. Staff
finds this criterion to be met.
F. Growth Managenzerzt Approval. Subdivision approval may only be granted to
applications for which all growth management development allotments have been granted
or growth management exemptions have been obtained, pursuant to Chapter 26.470.
Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing
Planned Unit Development (AH-PUD) without first obtaining growth management
approvals if the newly created parcel(s) is required to obtain such growth management
approvals prior to development through a legal instrument acceptable to t/ze City Attorney.
(Ord No. 44-2007, § 2)
Staff Finding
Exhibit G -Subdivision Review Criteria
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P80
The application has requested the necessary growth management allocations for the proposed
development. Staff finds this criterion to be met.
Exhibit G -Subdivision Review Criteria
Page 6 of 6
P81
MEMORANDUM
To: Development Review Committee
From: Jessica Garrow, Long Range Planner
Date: September 9, 2009
Re: Aspen Club and Spa Final PUD/SPA/Timeshare Review
The Development Review Committee (DRC) was asked to review the proposed Aspen Club and
Spa Final PUD/SPA/Timeshare at our June 3, 2009 meeting. The Applicant has worked with a
number of departments throughout the summer and some revised comments have been made.
This summary includes the most recent comments received from all departments.
Attendees: Jessica Garrow, Long Range Planner; Trish Aragon, Engineering; Phil Overeynder,
Public Works; Lee Cassin, Environmental Health; Lynn Rumbaugh, Transportation; John
Kruger, Transportation; Tom Bracewell, ACSD; Denis Murray, City Building; Ed VanWalraven,
AFPD; Brian Flynn, City Parks; Michael Fox, Aspen Club; Sunny Vann, Vann Assoc.; Richard
de Campo, Poss Architecture.
Transportation (Lyme Rumbaugh & John Kruger): Transportation requests the following
information and has the following comments:
Comments on Proposed Transportation Demand Management Tools
1. Shuttle Service
a. The Aspen Club will be required to provide a minimum level of shuttle service as
planned and approved in December 2003 (Number 4, below). Without this minimum
level of service in place, the Club will be required to contribute a fee equal to 13 trips per
day to the operation of the Cross Town Shuttle, based on calculations developed in 2003.
b. In addition, as part of this new development, staff recommends that the Club van be
operated on a fixed route and schedule to create a continuity of service.
c. A complete shuttle plan detailing the Club shuttle route(s), schedule and stops must be
approved by the City of Aspen Transportation Department no later six months prior to the
issuance of a Certificate of Occupancy. This plan must meet the conditions discussed
above.
d. Service to the airport (described in the owners and guests section of the plan) must be
provided separately from the scheduled in-town service in order to keep that service on a
fixed schedule. Staff recommends that airport service be provided on-demand only to
avoid unnecessary trips.
2. Other TDM Measures
a. A complete plan for the implementation of an on-site carshare program must be presented
to and approved by the Transportation Department no later than six months prior to the
issuance of a Certificate of Occupancy. This program must be owned and operated by the
Exhibit H -DRC Comments
Page 1 of 10
P82
Aspen Club. The City of Aspen cazshare program will not operate this vehicle. This plan
must include, at a minimum:
*purchase of vehicle(s)
*type of vehicle(s)
*pazking location(s)
*allowable customers
*vehicle replacement plan
*operations plan
b. The remainder of the TDM measures discussed in the applicant's proposal must be
implemented no later than six months after the date of issuance of the Certificate of
Occupancy.
c. Any modifications to or elimination of TDM measures from the proposed program must
be presented to and approved by the Transportation Department.
3. Monitoring
a. The Transportation Demand Management plan needs to state the traffic generation goal
specifically.
b. Based on the TDA plan which states that the project plans for "zero growth" in traffic,
the Transportation Department recommends a goal of maintaining traffic levels at their
stated baseline of 860 trips per day. AM peak trips should be limited to 70 per day. PM
peak trips should be limited to 99 per day.
c. Vehicle counts and surveys should be undertaken in March and August annually as
outlined in the plan, using an Engineering/Transportation firm or using standazd traffic
counting devices. Report should be provided to Transportation Department by October 1
annually. The report should indicate both daily and hourly traffic counts.
d. Annual surveys should be pre-approved by the Transportation Department.
e. Should monitoring show that the zero growth goal is exceeded at any time, the Aspen
Club will be required to develop a plan for approval by the Transportation Department to
include a variety of the following suggested TDM measures:
• additional transit service via Club shuttle
• contribution to the Cross Town Shuttle as outlined in the Shuttle Service section
above
• additional restrictions on employee driving
• additional rewards/incentives programs for employees and guests
• paid parking for employees and guests
• year one and two and two of the following
• additional restrictions on employee driving
• more aggressive internal and external education
• additional rewards/incentives programs for employees and guests
• paid parking for employees and guests
• other measures as approved by the Transportation Department
4. Aspen Club Shuttle Minimum Service Levels
a. From December 15 through April 15, and from June 15 through September 30, the van
will run continuously from 8:30 am until 8:00 pm on Saturday and Sunday and until 9:00
pm on weekdays.
Exhibit H - DRC Comments
Page 2 of 10
P83
b. From April 16 through June 14, and from October 1 through December 14, the van will
run twice per hour, on the 10 and 40 minute past the hour, during the same hours.
Fire (Ed Van Walraven): The Aspen Fire Protection District requests the following information
acrd has the following comments:
• Need an overall access plan for the site
• Lawn pavers must be engineered to support fire truck loads
Need fire truck access to the subgrade garage
• Fire sprinklers and alarms are required.
1. Approved fire sprinkler systems shall be provided through out the entire project, this
includes all structures.
2. Approved fire alarm systems shall be provided through out the entire project, this
includes all structures.
3. Adequate fire department appazatus access shall be provided and approved by the Fire
Marshal's office.
Plannin¢ (Jessica Garrow): City Planning requests the following information and has the
following comments:
1. Need a copy of the most current SketchUp model before proceeding to P&Z.
Engineering Department (Trish Aragon): Engineering requests the following information and
has the following comments.
1. Geologic Hazazds:
a. The avalanche hazard area needs to be depicted on the improvement survey [Not
Addressed]
b. Mudflow: the potential for mudflow must be analyzed at a minimum with two
dimensional computer models. The application must show how the development
will impact the mudplain. [Addressed with a letter, not modeling will need to
complete modeling prior to Recording Final PUD. Would be willing to have
application referred to Colorado Geologic Survey for a third opinion.]
c. This application will be referred to Colorado Geologic Survey for their review on
the geologic hazards to the site.
2. Transportation Facilities
a. The minimum radius of the Cul de sac at Ute must be 100 feet (it's currently 85').
The current cul de sac will not be able to accommodate future service deliveries,
bus service, or construction traffic. [Plan shows 450 sf of pavement required for
the cul de sac and a relocation of approx. 7 feet of a retaining wall. If the
Exhibit H - DRC Comments
Page 3 of 10
P84
development does not improve the cul de sac the city will be burdened with the
improvement.]
b. The sidewalk /trail along Ute avenue does not extend to the club. The traffic plan
specifically relies on bike and pedestrian traffic however there is not adequate
facilities to accommodate this.
3. Drainage
a. The City at this time is unable to determine if the project does not have an adverse
environmental impact. A comprehensive drainage plan will need to be submitted.
Refer to the attached checklist. [Not Addressed]
b. Dewatering of the excavation for footers and foundations may be required. A
construction site dewatering plan should be developed that includes water
quantity concerns for the river. [Not Addressed]
4. General
a. The utility easements need to match proposed easements. Widths need to be set as
specified in section. [Partially addressed, not cleaz on all utilities.]
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 back£11, 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 Department for permit, 920-5120.
Exhibit H - DRC Comments
Page 4 of 10
P85
5. Conceptual landscape is not approved as drawn. A landscape plan will need to be
reviewed by the Parks Department. Proper spacing and a detailed legend for new
plantings and plantings around existing will be reviewed by the Parks Department. This
legend shall include species name.
6. Plans should detail the material and width of the footpath proposed within the stream
margin area. This footpath shall be installed with hand excavation tools only and set
around all trees to remain on site. The utilities located under the trail should be
developed and installed with junction boxes so future repairs can be accomplished
without the need to excavate the new trail.
7. Aspen Club Trail access or use for any construction activities is prohibited at all times.
This includes but is not limited to truck traffic, foot traffic, storage or materials, etc....
o. After receiving conceptual approval from City Council the develop team shall meet with
the Parks and Engineering departments to design this pedestrian and vehicular access.
9. Parks 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 (Phil Overeynder): The Public Works Department requests
the following information and has the following comments:
1. The Water Dept would like a loop feed from across the bridge to ensure there are
adequate fire flows. The applicant needs to work with the Water Department to ensure
adequate water flows are available for the proposal.
2. Larger easements would be needed for the internal service loop
Buildin>r Department (Denis Murray): The Building Department requests the following
information and has the following comments:
1. Prior to permit submittal Poss or the architect of record will provide the following ;
determine the type of construction for the existing stmcture.
2. Determine the allowable area for building and addition based on the type of construction
and modifications.
3. Develop a means of egress plan.
4. A plan to show an accessible route throughout the site and units.
5. If the Club is intending to operate while under construction, a plan to maintain exits and
separation from construction activity will be required.
6. The City of Aspen building department may adopt new building codes in the spring of
2010. The department is willing to discuss which addition of the codes the design of this
project is to be completed under.
Exhibit H - DRC Comments
Page 5 of 10
P86
ACSD (Tom Bracewell): The Aspen Consolidated Sanitation District requests the following
information and has the following comments:
1. Since there is an existing Aspen Consolidated Sanitation District owned and maintained
main sanitary sewer line currently running through the proposed development, the
proposed relocation of this main ACSD sanitary sewer line must be approved by the
District's consulting engineer and boazd of directors prior to the district committing to
serve this application.
2. The district will require a written verification from the applicant that the revised sanitary
sewer service for the Silver Lining Ranch is acceptable to the current owners of the Silver
Lining Ranch property.
3. A sanitazy sewer flow study shall be required of the applicant's civil engineer.
4. 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 relocation request and
collection system agreement aze required. Both aze ACSD Board of Director's action
items.
5. New easements will be required for the sanitary relocation according to standard district
form. Additional access and maintenance easements may be required depending on the
final sanitazy sewer utility plans.
6. Service is contingent upon compliance with the District's rules, regulations, and
specifications, which aze on file at the District office.
7. 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 sanitazy sewer system.
8. On-site utility plans require approval by ACSD.
9. Oil and Grease interceptors (NOT traps) aze required for all food processing
establishment. Locations and specifications of the interceptor shall be identified prior to
building permit.
10. Oil and Sand separators are required for parking garages and vehicle maintenance
establishments.
1. Driveway entrance drains must drain to drywells.
2. Elevator shafts drains must flow thru o/s interceptor
11. Old service lines must be excavated and abandoned at the main sanitary sewer line
according to specific ACSD requirements.
Exhibit H - DRC Comments
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P87
12. Below grade development may require installation of a pumping system.
13. One tap is allowed for each building. Shared service line agreements may be required
where more than one unit is served by a single service line.
14. Permanent improvements are 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.
15. 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.
16. 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 area of concern in order to fund the improvements
needed.
17. 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 larger line).
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.
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 discharge of
glycol to any portion of the public and private sanitary sewer system. The glycol storage
areas 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 are available.
23. Soil Nails are not allowed in the public ROW above ASCD main sewer lines and within 3
feet vertically below an ACSD main sewer line.
Exhibit H - DRC Comments
Page 7 of 10
P88
Parkin¢ Department (Rich Ryan): The Parking Department requests the following information
and has the following comments:
1. No parking is approved for Ute Ave or in the cul-de-sac.
Environmental Health Department (Lee Cassin): The Environmental Health Department
requests the following information and has the following comments:
AIR QUALITY: Air pollution emissions resulting from this development will occur both
during construction and afterward as a result of the additional traffic generated. Using the
Institute of Transportation Engineers Trip Generation Report, the development will generate
an additional 242 trips per day without mitigation measures (afrer construction). This would
result in 34 grams of PM-10 pollution per day, in addition to other criteria pollutants such as
carbon monoxide and ozone.
During construction, the applicant should take special caze to eliminate dust since the
facility will continue to be occupied during construction.
To comply with the requirements of the land use code, the development must not impose
an undue burden on the City's infrastructure capabilities, the public must not incur an
unjustified financial burden, and adequate public infrastructure facilities must exist to
accommodate the development. Adverse impacts on public infrastructure by the
development must be mitigated by the necessazy improvements at the sole cost of the
developer.
The relevant city infrastructure includes mass transit service (since vehicle trips are the
cause of almost all of Aspen's air pollution), TDM programs like cazshare, and the
pedestrian/bicycle system. Demands on the existing mass transit system will occur both
to RFTA (downvalley workers and guests), and in-town transit. To accommodate the
added trips, both RFTA and city transportation will have to carry more passengers if trips
are not to increase.
The present negligible use of transit to access the facility is evidence that changes need to
be made to divert trips from single occupant vehicles to transit or pedestrian bike access.
In order for these adverse impacts on public transit to be mitigated by necessary
improvements at the sole cost of the developer, the applicant should pay to have RFTA
and City Transportation carry a portion of the 242 trips being generated, and the applicant
should implement a list of TDM measures to reduce the remaining trips.
If the developer were to try to operate its own shuttle service, there would be three
sepazate services serving the azea, which is obviously extremely inefficient and would
result in many more empty vehicles than if the developer contributed to the city's system.
For any trip reduction measures to work, at final submission, staff needs detailed
programs in order to determine the impacts on air quality and related infrastructure. As of
this deadline, this department does not have that information. Examples of measures with
Exhibit H - DRC Comments
Page 8 of 10
P89
quantifiable effects, if adequately spelled out, include parking cash-out, unbundled
parking, reduced parking, reduced rates for arrivals by other than SOV, trail
improvements, as well as contributing to the added RFTA and in-town transit demands
and shared shuttle service.
Council has directed staff to support measures that do not require long-term staff
monitoring and that cannot be eliminated in the future if ownership or management
changes. That further supports the recommendation for contributing to RFTA and in-
town shuttle service as primary trip and pollution reduction measures. If only 10% of
added trips were to be mitigated in this way, each new unit would contribute $16,500 to
RFTA to carry the resulting added trips it will have to carry over the 30-year life of the
project, and an equal amount to City Transportation for the in-town transit that it will be
required to provide. Otherwise, these public entities will have to absorb the added costs
of carrying the additional passengers.
To the extent that a variety of other TDM measures may be approved, staff recommends
the following:
• The 242 additional trips be compared to current average daily trips, using a
calculation method determined by the City Engineer. A cap on additional trips should
be agreed on as part of the approval. To meet the code requirements, this number
would have to be very small. Obviously, this requires traffic counts at the entrances to
the Club, to avoid disputes about traffic going to other sites.
• If this traffic volume is exceeded in any year, the owners would be required to add
trip reduction measures sufficient to meet the cap, with these measures approved by
City Engineering, Environmental Health and Transportation.
• The point at which added traffic on Ute Avenue constitutes a "tipping point" in traffic
volumes needs to be addressed.
• Given the ineffectiveness of the present system, partly due to the challenge of serving
this facility, and partly because the shuttle service does not run on a schedule, it
should be determined whether the existing conditions of approval are being complied
with, so any needed modifications can be made in conjunction with this new
approval.
• For the shuttle system to be used, it must run on a schedule. It will not be used if
people do not know when it will pick them up or return. However, running three
separate systems ensure there will be many empty vehicles. The recommended
solution would be use of the city system, rather than creating a duplicative system.
• Trips could be reduced by providing less parking instead of adding spaces.
• "Various tools the Club proposes to use" should be changed to firm commitments at
this point of final submission. Items that need to be specified include:
o Precise level of shuttle service, what "regular shuttle pickups" means, and
whether this will be part of the city's existing system.
o "Implement an incentive program" needs to be replaced with the specific
incentives that are proposed.
o Requiring employees to use mass transit is excellent. How this will be
enforced needs to be determined. However, in the Exhibit I, the submittal
Exhibit H - DRC Comments
Page 9 of 10
P90
states that "employees will be encouraeed to" use mass transit. This needs to
be clazified. Since employee parking is to be provided, it appears that the
proposal is to "encourage", not "require" employees to alternate commute. If
so, the incentives need to be described: will employees be given free bus
passes, as is done by other major employers? Will they be given parking
cashouts, etc.
o How many electric vehicles, who will use them, how effective will they be?
o How many bikes in bike sharing program, who will use them, how will it
work? Will employees be re uired to use these bikes?
o How will they participate in the cazshare program? What will they contribute,
how many memberships?
o What will the "preference" be for onsite employees who don't' park a car
there?
• The annual report should not "suggest improvements" that could be undertaken.
Rather, these measures should offset [he 90% of trips not offset by RFTA and City
Transportation. If trips increase over the agreed-on number, alternative measures
agreed to by the city, should be required to replace those that are not working.
2. TRASH AND RECYCLING AREA: The additional development will create added trash
and recycling. The applicant should make sure that the trash storage area has adequate
wildlife protection. Recycling space needs to be adequate as well, since haulers are required
to include recycling of cardboard, newspaper, office paper, and co-mingled materials. Space
for all of these commodities should be conveniently located for all users to encourage
recycling. Environmental Health staff can provide assistance in designing recycling set-ups
in the new azeas so recycling can be as effective as possible.
Exhibit H - DRC Comments
Page 10 of 10
P91
MEMORANDUM
TO: Jessica Garrow
FROM: Cindy Christensen, Housing
DATE: August 6, 2009
RE: ASPEN CLUB FINAL PUD/SPA/TIMESHARE
Parcel ID No.
ISSUE: The applicant is proposing a redevelopment of the Aspen Club to create a healthy living
community by providing 20 fractional ownership units, 12 affordable housing units, and remodel
portions of the Club.
BACKGROUND: The Board reviewed the final application on July 1, 2009 and recommended that
the applicant work with staff on the conditions for the redevelopment. The developer has the
option of the units being "for sale" units or rental units and would prefer rental units.
MITIGATION:
Based on the requirements of Section 26.470.100.A.1., below is the mitigation requirement:
10 3-bedroom townhouse units = 30 bedrooms
4 4-bedroom townhouse units = 16 bedrooms
4 3-bedroom club units = 12 bedrooms
2 2-bedroom club units = 4 bedrooms
62 Total Bedrooms X 0.5 Employees/Bedroom = 31 Employees
31 Employees X 60% = 18.6 Employees
The 12 on-site two-bedroom affordable housing units will provide mitigation for 27 employees,
87% of the total 31 employees being generated by the development.. Two additional two-bedroom
units or one three-bedroom unit would provide mitigation at 100%.
Nine of the units will contain a minimum of 950 square feet of net livable and the other three will
contain at least 860 square feet of net livable area. The minimum requirements in he Guidelines for
Category 3 and 4 is 950 net livable squaze feet and a minimum of 850 net livable squaze feet for
Category 1 and 2. The applicant is recommending that the units be categorized as 2, 3 and 4.
Twelve pazking spots (or one per unit) will be provided for the 12two-bedroom units.
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RECOMMENDATION: The applicant is proposing mitigating at 87% whereby 60% is required
under the Land Use Code. The Boazd reviewed the application at their regular meeting held August
5, 2009 and recommend approval of the application with the following conditions:
1. The 12 on-site, two-bedroom affordable housing units shall be deed restricted to Category 2,
3 and 4 with the final category mix approved by APCHA in connection with the final
approval. The CO for the units shall be issued prior to or at the same time as the proposed
fractional ownership units.
2. The units shall be owned and managed by the Aspen Club and Spa. More detailed
information regazding the management and maintenance of the units shall be provided to
APCHA with the proposed deed restriction prior to CO.
3. The owner shall have the right to rent the units to qualified employees of the Club. If the
owner cannot provide a qualified tenant, the units shall be rented through APCHA's normal
advertising process. At no time shall the tenancy of the units during a lease period be tied to
continued employment by the owner. Tenant leases, however, may be terminated for cause
or at the end of the lease period upon termination of employment.
4. Each tenant in the rental units shall be required to be requalified by APCHA on a yearly
basis.
5. The owner shall convey an undivided 1/10`h of ]% ownership interest in the lot on which
the units aze situated to APCHA. The APCHA ownership interest shall be in perpetuity or
until such time as the units are converted to ownership units.
6. The deed restriction shall allow the units to become ownership units at such time as the
owner (the Aspen Club and Spa) elects to condominiumize and sell the units, or at such
time as APCHA determines one or more units are found to be out of compliance for one
yeaz. If any of the units aze found to be out of compliance for one yeaz, or the owner elects
to sell the units, the units shall be listed for sale with APCHA at the categories specified in
the deed restriction. The sales price shall be as stated in the APCHA Guidelines in effect at
the time of recordation of the deed restriction plus appreciation calculated at three percent
(3%) per annum or the Consumer Price Index (simple appreciation not compounded),
whichever is less, as of the listing date of the units. If the units are being sold due to
noncompliance, all of the units shall be sold through the lottery system. If the owner elects
to sell the units, the owner may choose 1/3`d of the initial buyers provided they qualify under
APCHA's top priority for the unit.
7. If the owner elects to sell the units, or they are required to be sold due to noncompliance,
owner shall condominiumize the units and form a condominium association for the
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management and maintenance thereof The affordable housing association shall be separate
from the fractional ownership unit's association.
8. In the event the rental units are required to become ownership units due to noncompliance,
APCHA or the City may elect to purchase them for rental to qualified tenants in accordance
with APCHA Guidelines.
P94
~hil~i~
Aspen Club ~ Spa
PROPOSED TRAFFIC SAFETY
TRANSPORTATION DEMAND MANAGEMENT TOOLS
The goal of Aspen Club Living is to create both a safer Ute Avenue as well as limit any growth in
traffic on Ute Avenue due to this project. To achieve these goals we have consulted with the City
of Aspen Transportation staff and engaged TDA, Inc of Seattle and Denver, respected traffic
engineers who have been used by the City of Aspen, to help us create a set of traffic safety &
management tools. This will be a living, evolving program reinforcing the actions that work
effectively and weeding out those measures that are not effective. Baseline conditions have been
established via high season traffic counts at key locations in the vicinity, including Ute Avenue
and the Club entrance. We understand that this process of creating a safer street is a continual
work in progress. To manage this process, the Club will have a designated Transportation
Coordinator who will manage all of these programs as a function of their job description. In
addition, the Aspen Club will remain an active member of the Transportation Options Program
with a designated transportation contact for the City.
Envisioned Traffic Management Measures
As stated above we believe we can create a traffic management plan that limits any growth in
traffic on Ute Avenue due to this project. We would do this through a flexible set of tools used to
reduce overall traffic. Through the insights of city staff, we have developed a management plan
that breaks down traffic by different groups of users of the Club. We would further propose that
we implement our plan in phases starting with those things that potentially have both the
greatest impact on traffic creation, are the easiest to implement and utilize existing resources as
much as possible. Along with our management tools we will continue our seasonal monitoring
program where we can track the impact of our program on actual traffic.
The target groups break out as follows:
• Employees Commuting to the Club
• Employees Living On-Site in Aspen Club Affordable Housing
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• Members of the Club
Guests of the Club
• Aspen Club Living Owners
The initial set of traffic management tools per group would be:
Emplovees Commuting to the Club
1. Employees will be encouraged to carpool, shuttle or ride the bus to the Club.
Employee parking will be limited to the Crystal Lake Parking lot. This will be
enforced by the designated Transportation Coordinator. The Club currently has a
transportation coordinator and is an active participant in TOP. It is envisioned that that
Transportation Coordinator role will continue to be part of the responsibilities of our HR
department. Employee parking is not currently allowed in our Ute Avenue parking lot
in high seasons. This is currently monitored by our facilities staff and Club managers,
and employees who break this policy are written up and in some cases fined. We would
envision continuing to do this when the project is completed. We would also envision
having preferential parking spots for carpoolers in the Crystal Lake Parking lot when the
project is completed.
2. The Aspen Club will provide reduce priced bus passes for employees to use RFTA. The
Club currently subsidizes 50% of employee's bus passes and we envision we will
continue to do so when the project is completed.
3. At all new hire orientations, the Aspen Club will provide information on all the
different employee options for commuting to the Club and reducing fraffic on Ute
Avenue. The Club will put together orientation material for our employees with the
assistance of the Transportation Department when the project is completed.
4. The Aspen Club will organize carpools for employees who have to commute to the
Aspen Club. We will prioritize matching employees with other Aspen Club employees,
but if necessary, we will look outside of the company as well to create carpools. The
Club will work with the city to put this together through the City's employer outreach
program.
5. Shared bicycles for employee to take trips to town will be available at the Club.
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a. Initially, up to ten bicycles will be available. This will be increased if justified by
demand.
6. Bicycles will be maintained by the Club's maintenance staff
c. A check out / check in system such as using electronic ID card will be
implemented for use.
d. We will expand the program as needed based on usage and ongoing needs of
our employees.
6. The Aspen Club will create incentive plans for carpoolers, bikers, walkers and RFTA
riders potentially consisting of gift cards, punch cards, prize drawings or end of season
raffles. We will start an incentive plan for employees one month after project is
operating and run for one year to see how effective these types of incentives are. If
program is not working, we will stop and focus elsewhere.
7. The Aspen Club will provide shuttle service to and from the Club at regularly
scheduled intervals. These would augment the Cross Town Shuttle services and serve
Ruby Park (or a spot near Ruby Park) and set points in town to make commuting easier
for our employees.
a. Shuttle vehicles will be reduced emissions or zero-emission. This service is
envisioned to be provided from 7 AM to 9 PM every day during the peak
summer and winter seasons. It is envisioned that service will run every half
hour. These hours may be increased or decreased depending on actual demand
experience. During shoulder seasons and before 7 AM and after 9 PM, service
will determined by demand so as not to be running an empty shuttle. Today we
would expect to pick up and drop off at our major hotel partners, Ruby Park (or
a spot near Ruby Park and one or two high traffic areas in town. An initial route
and a schedule will be developed and coordinated with the City Transportation
Department as the opening date for the project gets closer and will be updated
with the Transportation Department on an annual basis for the first three years
of operation.
b. Signs and other information identifying the routes and times will be posted at
the Club, and, if permitted, at Ruby Park and in town.
c. The shuttle will be publicized in Club marketing materials and inside the facIlity.
d. The shuttle service will look to coordinate pickups and drop offs at Ruby Park
(or near Ruby Park) to coincide with RFTA bus arrival and departure times.
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e. The shuttle service will look to coordinate with our hotel partners to minimize
total shuttle trips to the Aspen Club.
f. Employees will also be allowed to ride on the shuttle vehicles for errands they
have in town.
g. There will be no charge for the service.
S. As a member of TOP ,the Aspen Club will work with the City in implementing an
Emergency Ride Home Program for employees who take the bus to work, but for one
reason or another (e.g. -sick child) need to get home in a hurry. This will give
employees a sense of comfort that they can take the Bus into town but get home quickly
if they need to. As we are planning to use the City's ERH program, we will work with
them to set some limits on the extent of that use in terms of cost. If the Club use of the
ERH program services is more than an amount agreed upon with the Ciry's
Transportation Department, the Club will help to subsidized the service.
Em~yees Living On-Site in Aspen Club Affordable Housing
1. Preference for access to On-Site Affordable Housing would be given to employees
who agree not to park a car at the Aspen Club. The Club will work with the City
Transportation Dept staff to produce move-in packets that will provide information on
all alternative transportation programs provided in Aspen.
2. The Aspen Club will provide shuttle service to and from the Club at regularly
scheduled intervals. These would serve the points in town mentioned above to make
not having a car on-site easier for our employees who live on-site.
a. Shuttle vehicles will be reduced emissions or zero-emission.
b. This service is envisioned to be initially provided from 7 AM to 9 PM every day
during the peak summer and winter seasons. These hours may be increased or
decreased depending on actual demand experience. During shoulder seasons
and before 7 AM and after 9 PM, service will be on-call.
c. The shuttle will be available for errands such as grocery shopping trips into
town.
d. Signs and other information identifying the routes and times will be posted at
the affordable housing units.
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e. Employees living on site will be encouraged to use the Shuttle for errands they
have in town.
f. There will be no charge for the service.
3. Car sharing vehicle will be available, on-site, for employees living in affordable
housing.
a. We will work with Roaring Fork Valley Vehicles to have a car share car stationed
at the Aspen Club.
b. Prior to opening of the project, we will determine how to best structure this
program.
c. Together the Aspen Club and RFW will develop an operating plan for the car
sharing program at the Club. Issues to be agreed upon by Aspen Club and
RFW include:
i. Whether the Aspen Club will buy the car and contribute it to Car to Go
or the Aspen Club will own the car and have it operated by Car to Go or
a car already in the program will be put at the end of Ute Avenue to be
used by anyone in the Car to Go program, including the Club.
ii. Whether the car program will be open to the public or will be exclusive
to Aspen Club employees, members and guests;
iii. Who will be responsible for insurance, maintenance and ongoing upkeep
of the vehicle.
d. Employees living in the on-site affordable housing will have access to the car
share program.
e. The vehicle will remain on-site overnight.
f. Electronic ID cards or monitoring method then in place by RFW will be utilized.
4. Shared bicycles for employees to ride to town will be available at the Club.
a. Initially, up to ten bicycles will be available. This will be increased if justified by
demand.
b. Bicycles will be maintained by the Club's maintenance staff
c. A check out /check in system such as using electronic ID card will be
implemented for use.
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d. We will expand the program as needed based on usage and ongoing needs of
our employees.
5: Arrangements will be made with a local car rental company for discounted car rentals.
a. The Club will arrange for discounted car rentals for our employees who live on-
site.
b. Employee living on-site will be able to use these vehicles to take trips outside of
Aspen.
c. Trips will be charged at the negotiated discounted car rental rates.
Members of the Club
1. The Aspen Club will provide shuttle service to and from the Club at regularly
scheduled intervals. These would serve the points in town mentioned above to make it
easy for our members who live or work in town to take our shuttle.
a. Shuttle vehicles will be reduced emissions or zero-emission.
b. Information on this service will be provided in membership materials.
c The service is envisioned to be provided from 7 AM to 9 PM every day during
the peak summer and winter seasons. It is envisioned that service will run every
half and hour. These hours may be increased or decreased depending on actual
demand experience. During shoulder seasons and before 7 AM and after 9 PM,
service will determined by demand so as not to be running an empty shuttle.
Today we would expect to pick up -and drop off at our major hotel partners,
Ruby Park (or a spot near Ruby Park) and one or two high traffic areas in town.
An initial route and a schedule will be developed and coordinated with the City
Transportation Department as the opening date for the project gets closer and
will be updated with the Transportation Department on an annual basis for the
first three years of operation.
d. Signs and other information identifying the routes and times will be posted at
the Club, and, if permitted, at Ruby Park and in town.
e. The shuttle will be publicized in Club marketing materials and inside the facility.
f. There will be no charge for the service.
2. The Aspen Club will create an incentive system for members who walk, ride their
bikes or take either our shuttle or the Cross Town Shuttle to and from the Club.
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a. Information on this incentive system will be provided in membership materials.
b. Members will have a punch card system to track their use of alternative
transportation.
c. Incentives will potentially consisting of gift cards, prize drawings or end of
season raffles for prizes and rewards.
d. We will start the incentive plan one month after project is operating and run for
one year to see how effective these types of incentives are. If program for
members is not working, we will stop and focus elsewhere.
Guests of the Club
1. The Aspen Club will provide shutt]e service to and from the Club for guests at
regulazly scheduled intervals.
a. These would serve the points in town mentioned above, to make it easy for our
guest who are visiting town to take our shuttle.
b. Shuttle vehicles will be reduced emissions or zero-emission.
c. Information on this service will be provided in guest materials.
d. The Club will work with Hotel partners in town pick to up their guests in a
timely manner and minimize the number of shuttle trips coming to the Club.
e. This service will run as described above.
f. There will be no charge for the service.
2. Most guests today arrive by hotel shutt]es. Currently, Club staff visits our hotel
partners and specifically their concierges on a regular basis to share information and
improve overall guest service. The Aspen Club will continue to work with our hotel
partners once the project is completed to make the Aspen Club shuttle services known
and minimize shuttle trips to the Club while maximizing shuttle utilization.
Owners and Guests
1. Aspen Club Shuttle service to and from the Airport will be provided for owners and
guests.
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a. Information on this service will be provided in reservation materials and
recommended to all incoming owners and guests. Also included will be
information on all alternative transportation programs provided in Aspen.
b. Service will be at the airport at the scheduled arrival time. A phone request for
service will not be required, but acell-phone contact will be provided in case of
schedule changes.
c. Low-emission vehicles will be used.
d. There will be no charge for this service.
2. The sales and reservations program will emphasize the overall philosophy of the
project and our alternative transportation beliefs.
3. Owners and guests staying at the Club will have access to the Car Share vehicle on
site.
4. Shared bicycles for owners and guests to ride to town will be available at the Club.
a. Initially, up to ten bicycles will be available. This will be increased if justified by
demand.
b. Bicycles will be maintained by the Club's maintenance staff
c. A check out / check in system such as using electronic ID card will be
implemented for use.
d. We will expand the program as needed based on usage and ongoing needs of
our owners and guests.
5. Arrangements will be made with a local car rental company for discounted caz rentals.
a. The Club will arrange for discounted car rentals for our owners and guests who
want to take longer hips while they are in town.
b. Owners and guests on-site will be able to use these vehicles to take trips outside
of Aspen.
c. Trips will be charged at negotiate discounted car rental rates.
Phasing
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The above represents a comprehensive set of Traffic Demand Management tools. We will
continue to do ongoing monitoring and surveying of traffic. If traffic is not hitting our
targets, we will add the addition demand management tools below. There are additional
tools we can add to our Demand Management planning on an as needed basis depending on
the results we are seeing in our Monitoring program below. Additional Traffic Demand
Management tools might include:
Additional Shuttle Service
More aggressive internal advertising for Club's Transportation Options
Better rewards program foz employees and members who take alternative transportation
to the Club
Additional Restrictions on Employees Driving to the Club
Additional Restrictions on car ownership for residents in Club Affordable Housing.
Paid Parking at the Club
Monitoring Program
The effectiveness of the program wffl be measured in several ways:
1. Vehicle counts have been performed at Ute Avenue and at the Club and will continue
twice a year during March and August starting for five years after the project is
completed.
2. Survey of above target groups to ensure their knowledge of the programs.
3. Results will be summarized in Memorandum form complete with tabulations and charts
so that year-to-year trends are readily apparent.
4. A Year in Review TDM technical report will be prepared by Club management. The
report will identify overall conformity with trip reduction goals and suggest
improvements that could achieve better compliance and intended success. This report
will be shared with the City staff each year so that together we can address issues before
a formal review.
5. If additional phases of traffic management tools are needed, we will phase them in over
time.
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6. Two years after completion of project, results will be submitted and reviewed by city
staff. Should staff see the need for program improvements, City Council will be
consulted. Another review will occur five years after completion of the project.
7. If all else fails, we will implement a shame and beratement program in which we will
taunt and throw rotten eggs at drivers on Ute Avenue.
Envisioned Ute Avenue Safety Plan
One of the main issues today for the Aspen Club and its neighbors is safety along Ute Avenue.
With a few improvements, Ute Avenue today could be made into a much safer street. We would
propose:
1. SPEED HUMPS with CROSSWALKS -Three of these are shown on the schematic
below: one at Aspen Alps, one at the Gant tennis courts and one at the Ute Trail. Their
characteristics include:
a. Smooth transition to and from a flat crosswalk about 3 inches above the existing
pavement surface
b. Designed to encourage speeds not exceeding 25 mph
c. Pavement markings and advance signs in accordance with the Manual on
Uniform Traffic Control Devices (MUTCD). Please see the example attached.
d. We may have to work out some special design details when terminating at a curb
on the north side of Ute Avenue, to meet the requirements of the City of Aspen.
This will affect the two most westerly speed humps,
2. SPEED HUMP without CROSSWALK -One is shown in the vicinity of the Cemetery.
Its characteristics include:
a. Smooth transition to and from a height about 3 inches above the existing
pavement surface, with no flat crosswalk
b. Designed to encourage speeds not exceeding 25 mph.
c. Pavement markings and advance signs in accordance with the Manual on
Uniform Traffic Control Devices (MUTCD).
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3. SPEED HUMP SUMMARY -Together this layout provides a speed hump about every
450 feet, with a bit longer spacing between the Gant tennis courts and the cemetery.
4. NEW SIDEWALK -The Aspen Club will install a new sidewalk to the south side of the
Aspen Club. It is our understanding that the City is exploring the feasibility of putting a
sidewalk on the south side of the Benedict Building that would connect to the Aspen
Club Trail and to the Aspen Club.
Fgure 39-3f1. ~xampfes of Pavement Markings for Speed Fables or
Speed Humps with Crosswalks
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