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HomeMy WebLinkAboutagenda.apz.20091006AGENDA ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING TUESDAY, October 6, 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 (continued from 9/29/09) 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 Planner 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: October 6, 2009 APPLICANT /OWNER: Aspen Club and Spa, LLC REPRESENTATIVE: Sunny Vann, Vann Associates, LLC LOCATION: 1450 Crystal Lake Road -Lot 15 of the Callahan Subdivision CURRENT ZONING: RR/PUD (Rural Residential) zone district with a Planned Unit Development (PUD) Overlay SUMMARY: The Applicant requests final PUD, final SPA, final Timeshare, Growth Management Reviews, Stream Margin Review, and Subdivision Review in order to develop 20 timeshare units, 12 affordable housing units, and 132 parking 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: P. Staff recommends that the applicant eliminate or relocate units 5 & 6 prior to proceeding to STAFF NOTE: This memo only includes new City Council. ~ information. Please refer to the September 29, 2009 packet for the review criteria, and other background materials. Please contact Jessica Garrow if you need a new copy of any materials. Aspen Club P&Z 9.29.09 P2 SUMMARY OF SEPTEMBER 29, 2009 MEEETING• The Planning and Zoning Commission began review of the Aspen Club application on September 29, 2009. That meeting included an overview of the project by the applicant, staff's recommendation, and questions from the Commission. P&Z QUESTIONS: 1. How can we be sure that the TDM plan is enforced? The TDM plan lists a number of other possible measures that might be added to the plan if needed based on monitoring. (page 9 of the TDM). Why are there no additional measures for the timeshare users? Can staff think of any other items that might be added to the list? a. Due to the short turn around time for the packet, additional information is not available at this time. Staff has asked the City Engineer and representatives from the Transportation Department to attend the October 6`h meeting to respond to all transportation related questions. 2. What are the national standards for traffic studies? Why aren't they being used here? a. The City of Aspen uses the standards from the Institute of Transportation Engineers. The City Engineer will be at the meeting from 4:30 to 5:00 to respond to questions related to the Traffic Study. 3. What is the Cross Town Shuttle usage? a. Attached as Exhibit M is an analysis of the Cross Town Shuttle Usage overall and specifically to the Aspen Club. This Exhibit illustrates peak week usage in 2009. During the week of Feb 15 - 21, the total usage was 1,126. The total usage from Rubey Park to the Club was 244 and from the Club to Rubey Park was 262. During the week of July 19 - 25, the total usage was 1,840. The total usage from Rubey Park to the Club was 177 and from the Club to Rubey Park was 249. According to the Transportation Department, total usage of the Cross Town Shuttle in 2008 was 38,555 and the total usage year to date for 2009 is 17,441. 4. What is the Club's background related to transportation issues? Specifically, what requirements were they subject to in the past, and did they meet those? a. Staff provided a detailed review of the requirements from a 1996 land use review as part of the Conceptual Review. Below is the information staff found, taken directly from the April 1, 2008 memo to the Planning and Zoning Commission. Staff believes that the TDM Plan provided addresses the issues discussed in the April 15` memo. Compliance with 1996 Approval: Staff in the Transportation Department and Community Development Department have examined the available information regarding the Club's 1996 transportation commitments. While the record is not entirely complete, staff has determined that some effort was made by the Club to comply with the 1996 approval. In early 1999 a Club representative met with the Community Development Department to discuss compliance with the required Transportation Plan. At the time the Club had not met the condition of approval, but did provide 2 Aspen Club P&Z 9.29.09 P3 documentation of a Transportation Management Plan to the City on August 16, 1999. That plan indicated that the Club attempted to incentivize its workers to use alternate forms of transportation by providing discounted bus passes, carpool incentives, and a rideshare matching program. The Club also stated that shuttle service was available on-demand to local hotels, and that the Cross Town Shuttle serviced the Club. On November 16, 1999, Transportation staff proposed that the Aspen Club partner with the City to help fund a portion of the Cross Town Shuttle in an effort to meet the 1996 requirements. Based on a letter sent from the City Attorney to Michael Fox, it appears that the Club met with City Council on January 10, 2000 to discuss the Transportation Management Plan. There is no indication in the meeting minutes of any discussion of the Transportation Plan at this meeting. However, there was discussion at the February 28, 2000 Council Meeting. The minutes indicate that Council was concerned that the Transportation Plan instituted by the Club did not meet the original condition of approval regarding parking spaces, and the shuttle provided by the Club. There was no discussion regarding where the shuttle operatedl, but the Club represented that a shuttle did operate between local hotels and the Club. The memo for that meeting that was provided by the Transportation Department again mentions the possibility of partnering with the Club to pay for the Cross Town Shuttle as a way for the Club to meet the condition of approval. In a letter from May of 2000, the Club provides information from a traffic analysis that measured all traffic entering/leaving the Club. Staff has not been able to locate a response to this letter, or any other correspondence between the City and the Club until 2003. A December 2003 letter from the City to the Club states that because the Club will not be paying for the Cross Town Shuttle, they must provide a van service by December 15, 2003, provide a payment for part of 2003 for use of the Cross Town Shuttle2, and provide a plan for proof of compliance, or risk violating the conditions of their 1996 approval. A December 30, 2003 letter from the Club to the City states that shuttle service will run yearly at specific times and will loop through town, that the amount owed for the 2003 use of the Cross Town Shuttle will be sent, and that the Club will comply with any annual reporting process the City proposes. A follow up letter from the City to the Club in March 2004 addresses the amount owed for the Cross Town Shuttle, but does not address any of the other requirements outlined in the December 2003 letter. Staff was not able to find any other information regarding the 1996 approvals. Based on the information available, Staff believes that the existing shuttle service provided by the Club meets the requirements for the Club to provide some kind of shuttle service. However, there was never any discussion regarding the route that ~ The condition of approval required that the shuttle use Highway 82, but that Ute Avenue could be used for physical therapy patients `' It appears that the Club utilized the Cross Town Shuttle for part of 2003, and was therefore required to pay for that time. 3 Aspen Club P&Z 9.29.09 P4 the Club's shuttle should take, and therefore Staff believes that until a new Transportation Management Plan is adopted, the Aspen Club Shuttle should be using Highway 82 rather than Ute Ave, as was required in the 1996 approval. Because the Application before the Planning and Zoning Commission would likely impact the use patterns at the Club, Staff believes that a new Transportation Management Plan should be completed that addresses the new Club needs and operating characteristics. This should include what street the Club's shuttle service should access the Club, and should be included as part of the Transportation Management Plan, discussed above, that is submitted at Final PUD Review. CHANGES TO THE RESOLUTION: The resolution has been redlined to reflect changes proposed by staff and to delete redundant information. These changes have also been reviewed by the Applicant's representative. All items to deleted are in r°~' ~-*-~'-~*'~r°~~~~,, and all items to add are in green underline. 1. The changes made to the Engineering section (Section 3) were made to better incorporate the comments into the resolution and to clarify cost sharing agreements that have been represented by the Applicant. 2. The Water Department Director has provided staff with additional conditions of approval regarding water service. The Public Works section (Section 6} now includes the following language: "The project will demonstrate the delivery of frre flows adequate to satisfy Aspen Fire Protection District standards for a Type IIIB Commercial Building. This may be satisfied by either: a) an analysis acceptable to the Aspen Water Department which demonstrates system delivery capabilities of the existing water distribution system at the Ute Avenue side of the project of 3, 000 gallons per minute or; b) by re-establishing a looped water main connection through the project site across the Roaring Fork River to the main in Crystal Lake Road. Option 2 will require all costs associated with said looped water main to be paid by the project. " Both the Planning staff and the Parks Department staff have concerns regarding "Option b," and recommend that it not be included in the ordinance. Specifically, staff is concerned that creating a loop from the Roaring Fork River will negatively impact the stream margin area because it will require extensive construction and installation work in the protected stream margin. Staff would recommend that the project only proceed if "Option a" can be met. 3. Per the P&Z, staff has deleted the conditions outlined in the Transportation section (Section 10) and instead references the TDM Plan. Please note that staff and the applicant continue to work on the TDM plan to ensure all the requirements that were listed in the Resolution are met. RECOMMENDATION: At this point and time, staff recommends the Planning and Zoning Commission approve the Stream Margin Review and Affordable Housing Growth Management 4 Aspen Club P&Z 9.29.09 P5 Allotments. Staff also suggests that the applicant revise their plans prior to City Council review. 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 #_, 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." Attachments• Attachments in September 29 2009 Packet: 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 ExxisiT E - Rezoning Review Criteria, Staff Findings ExxlsiT 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) EXHIBIT K -Application Appendix (Bound) EXHIBIT L -Revised Transportation Demand Management (TDM) plan Attachments in this Packet: ExxtsiT M -Cross Town Shuttle Ridership Aspen Club P&Z 9.29.09 P6 RESOLUTION N0. (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 LODGE 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) C[TY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel 1D: 2737-181-32-019 WHEREAS, the Community Development Department received an application from Aspen Club and Spa, LLC, represented by Sunny Vann of Vann Associates, LLC requesting approval of final Specially Planned Area (SPA), final Planned Unit Development (PUD), final Timeshare, Stream Margin, Affordable Housing Growth Management Allotments, Multi-Year Growth Management Lodge 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 Lodge 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 Timeshare; and, WHEREAS, during a duly noticed public hearing on September 29, 2009, continued to October 6. 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 Resolution No Series 2009 Page 1 of 9 P7 the Aspen City Council approve a Final PUD, Final SPA, Final Timeshare, Rezoning, one- hundred and twenty-four (124) Multi-Year Lodge Growth Management Allotments, and Subdivision; and, - -- Formatted: Indent: First line: 0" 1'c~°-z'-'c'~'a~r-n nv 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 finds 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 welfare. 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 Margin Review and twelve (12) Affordable Housing Growth Management Allotments from the 2009 Growth Management Year, subject to the following conditions. The Plannin¢ and Zoning Commission hereby a:~:1-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 Year and twelve (12) from the 2010 Growth Management Year], and Subdivision subject to the following, conditions. Section 2• Rezoning to include SPA Overlay 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: Engineering Resolution No ~ Series 2009 Page 2 of 9 P8 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. T'-° ~~~ '-~" ~ ' ~- ~- nor r ~.""~~.'~ Suni vo p~7-v~~cct u~c a c wcvuxCUCO xrc~rE]~EN QC r} ' A S > D f `~ '" '~ a~~~tF~~c-~~ci~+PS, atilit3es-and si~h~ distaneas 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. ,^ ~~°~ ~''••'' T- '' > ~ Prior to °•al-orthe 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. Prior to final approval by City Council the applicant will work with the Engineerine Department to determine a proportionate share of any costs associated with required cul-de-sac improvements across the Benedict Pro~erty Section 4: Affordable Housin 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 with 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 1/10' 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. Resolution No~Series 2009 Page 3 of 9 P9 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 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 specifted 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. 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 Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (1FC), 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 Marshall. The proposed lawn pavers shall be engineered to support fire truck loads. Fire sprinklers and alarms 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 standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Utility placement and design shall meet adopted City of Aspen standards. Each of the units within the building shall have individual water meters. Nothing from the 1976 PUD water rights agreement may change as part of this current project. Resolution No ~eries 2009 Page 4 of 9 P10 The recorded plat shall provide adequate easements for all utility lines. This shall be reviewed by engineering and the water department prior to recordation. 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 board of directors prior to the district committing to serve this application. 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. 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 Board 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 are 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 awaze of when filing a building permit include: a prohibition on engine idling, regulation of fireplaces, fugitive dust requirements, noise abatement and pool designs. The Applicant must meet all applicable requirements associated with the new pool. Wildlife protection/enclosures for the trash and recycle area is required. _Section 9: Exterior Lighting 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 (fifteen (15) foot setback area from top of slo~eZor in any area below the top of slope line (toward the river). Resolution No~ Series 2009 Page 5 of 9 Section 7: Sanitation District Requirements P11 JGl4UV~~ aV. a ~ a~~a yva c........ The applicant shall comply with all aspects of the ^ ''-Transportation Demand Management (TDM) plan '"'~'-`~°that is recorded as part of the final PUD/SPA/Subdivision documents. r ~'~ Tn~'r r' '~ "~"~"~"" ~±~~ ~--•- - Formatted: Body Text, Left, Don't add space ~_ between pa2graphs of the same style Formatted: Body Text, Left, Don't add space between paragraphs of the same style, No bullets or numbering ---~ Formatted: Body Text, Left, Don't add space between parag2phs of the same style --- Formatted: Body Text, Left, Don't add space between paragraphs of the same style, No bullets or numbering ' Formatted: Body Text, left, Indent: Left: 0", First line: 0", Don't add space between pa2graphs of the same style Formatted: Body Text, Left, Indent: Left: 0", Don't add space between paragraphs of Che Formatted: Body Text, Left, Indent: Left: 0", First line: 0", Don't add space between Formatted: Body Text, Left, Don't add space ~~„„~,,,,c,~ between paregraphs of the same style, No °~"'J' bullets or numbering • •-- ~ Formatted: Body Text, Left, Don't add space between paragrephs of the same style 1 Formatted: Body Text, Left, Don't add space - between paragraphs of the same style, No ,..,,,e,.~r' bullets or numbering ----- Resolution No Series 2009 Page 6 of 9 P12 ~ s. ~ • i i r i ~ ~ ~-przr-ro~FAd~~aaTrc z ~, arra-xiottr c~rr r• r t a , w ~5 Section 11: 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 Resolution No~~Series 2009 Page 7 of 9 Formatted: Body Text, Left, Indent: Left: 0", Don't add space between paragraphs of the same style Formatted: Body Text, Left, Don't add space between paragraphs of the same style Formatted: Body Text, Left, Don't add space between paragraphs of the same style, No bullets or numbering P13 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 trees 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. Section 12: Parking No parking 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 awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. 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. Resolution No ~~Series 2009 Page 8 of 9 P14 APPROVED AS TO FORM: PLANNI\G AND ZONING CO;~I'.Vi15SION: City Attorney LJ Erspamer, Chair ATTEST: Jackie Lothian, Deputy City Clerk Resolution No r~Series 2009 Page 9 of 9 P15 x w Q. s H L d ~_ i/ 3 Y Vf ~ C ~ o f0 ~ ~ a `" o o U N a~ L m ~ c E ^ ^ 0 ~ T ~ ~ u J m ~ ~ o Y ~ A YL O i Y ~ y ~ ~ ~ wL~ W ~ i' U Y ~ Y ~ ~ 3 ~ Y 10 ~ O ~ ~ C ~ Y T O ° ~ ~ s N ~p L V1 0 Y O Y ~ y Vf ~-+ ~ c ~ .°_~ ~ ~ L u ~ 0 0 0 0 0 0 ° 0 0 00 n ~D ~n d' m c~ ~ cD O O d' N M N r-1 .--~ ~ l0 Gt rl M M N N ~ rl n ~f1 O lD r-i v d Q = ~ L Q1 N ~ ~ in i Q Y O ' L O ' L ? N ~ +- O + O . i v 'J ~ }' o r 3 C a i - N L ~ ~ O ~ ~ ~ i ~ ~ U ~ L LL O O O O O ~ O o0 l0 n a1 M ~ 00 N n d' ~ 00 l0 n ~ N ~ .--1 n N N N +' T ~ >^ Q ~ ' ~ U ~ ~^ G +' ~ 7 i Y ~ ~ L ~ L T N O p . i 3 v + a +' o u N L ~ C i ~ ~ ~ ~ ~ ~ + tom 7 U N ~ + . .. ~' ;° ;° ;° ;° ~ L v 3 O O O O O - , ~ 0 co 0 a~ U fQ N a U c N Q N Q 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 I • Members of the Club • Guests of the Club • Aspen Club Living Owners The initial set of traffic management tools per group would be: Em I~ovees 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 pazking spots for carpoolers in the Crystal Lake Parking lot when the project is completed. Preferential carpool parking spaces and monitoring of parking lot must be in place no later than six months after the date of issuance of Certificate of Occupancy. Measures to remain in place in perpetuity unless approved for discontinuance by the Transportation Department. 2. The Aspen Club. will provide reduce priced bus passes for employees to use 12FTA. The Club currently subsidizes 50% of employee's bus passes and we envision we will continue to do so when the project is completed. Subsidized bus passes to remain in place as part of this approval. Subsidy to remain in place as part of this approval. Discontinuance of subsidy must be approved in advance by the Transportation Department. 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 traffic 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. Materials and orientations must be in place no later than six months after the date of issuance of 2 Certificate of Occupancy. Measures to remain in place in perpetuity unless approved For discontinuance by the Transportation Department 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. Program must be approved by Transportation Departrnent and in place no later than six months after the date of issuance of Certificate of Occupancy. Program must be mazketed to employees, with mazketing measures to be provided to Transportation no later than six months after the date of issuance of Certificate of Occupancy. Measure to remain in place in perpetuity unless approved for discontinuance by the Transportation Department 5. Shared bicycles for employee to take trips 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 employees. Minimum of four bikes to be available at outset. Program must be in place no later than six months after the date of issuance of Certificate of Occupancy. Program must be mazketed to employees, with mazketing measures to be provided to Transportation no later than six months after the date of issuance of Certificate of Occupancy. Measure to remain in place in perpetuity unless approved for discontinuance by the Transportation Department. 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. Program must be in place no 3 later than six months after the date of issuance of Certificate of Occupancy. Program must be mazketed to employees, with mazketing measures to be provided to Transportation no later than six months after the date of issuance of Certificate of Occupancy. Measure to remain in place in perpetuity unless approved for discontinuance by the Transportation Department. 7. The Aspeu Club will provide shuttle service to and from the Club at regularly scheduled intervals. These would augment the Cross Town Shuttle services and serve RUBEY Pazk (or a spot neaz RUBEY 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 mm~ing an empty shuttle. Today we would expect to pick up and drop off at our major hotel partners, RUBEY Park (or a spot near Rubey 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 Rubey 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 RUBEY Park (or near RUBEY Park) to coincide with RFTA bus arrival and departure times. e. The shuttle service will look to coordinate with our hotel partners to minimize total shuttle trips to the Aspen Club. £ 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. 4 a. The Aspen Club shall provide a minimum level of shuttle service as planned and approved in December 2003. 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. 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. e. As an alternative to operating a fixed route service, the Aspen Club may contribute to the operation of the Cross Town Shuttle as discussed above. If this arrangement is selected, the Club's van service will operate on-demand only in order to minimize trips. If this arrangement is selected, a detailed on-demand shuttle plan must be approved by Transportation staff no later than six months prior to the issuance of a Certificate of Occupancy. 8. 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 City's Transportation Departrnent, the Club will help to subsidized the service. The City's TOP program can provide no more than six trips per year per employer via the ERH program. The Aspen Club will be invoiced for any trips taken beyond this limit. Emplovees 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. See shuttle comments above. a. Shuttle vehicles will be reduced emESSions 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 en•ands 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. 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 CAR TO GO 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. o. Together the Aspen Club and CAR TO GO will develop an operating plan for the car sharing program at the Club. Issues to be agreed upon by Aspen Club and CAR TO GO 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. 6 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. £ Electronic ID cazds or monitoring method then in place by CAR TO GO will be utilized. The CAR TO GO program will not likely operate this vehicle, but this arrangement can be discussed. A complete plan for the implementation of an on-site carshaze 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 plan must include, at a minimum: *purchase/ownership of vehicle(s) *type of vehicle(s) *parking location(s) *allowable customers *vehicle replacement plan *operations plan including reservations, access, fueling, insurance *subsidy/cost sharing plan for CAR TO GO, should CTG operate the vehicle 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 cazd will be implemented for use. d. We will expand the program as needed based on usage and ongoing needs of our employees. See bicycle comments above. 5. Arrangements will be made with a local car rental company for discounted car rentals. a. The Club will azrange 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. 7 Members of the Club 1. The Aspen Club will provide shuttle service to and from the Club at regularly scheduled intervals. See shuttle comments above. 2. 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, RUBEY Park (or a spot near RUBEY Pazk) and one or two high traffic azeas 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 Departrnent 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 RUBEY Park and in town. e. The shuttle will be publicized in Club marketing materials and inside the facility. £ There will be no charge for the service. 3. 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. See incentive comments above. g. Information on this incentive system will be provided in membership materials. h. Members will have a punch card system to track their use of alternative transportation. i. Incentives will potentially consisting of gift cards, prize drawings or end of season raffles for prizes and rewards. 8 j. 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 aze. If program for members is not working, we will stop and focus elsewhere. Guests of the Club 1. The Aspen Club will provide shuttle service to and from the Club for guests at regularly scheduled intervals. See shuttle comments above. a. These would serve the points in town mentioned above, to make it easy for our guest who aze 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. £ There will be no charge for the service. 2. Most guests today arrive by hotel shuttles. 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. 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. 9 d. There will be no charge for this service. Airport shuttle service should be provided sepazately from fixed route shuttle service. Airport service should be provided on-demand only. 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. See cazshare comments above. 4. Shared bicycles for owners and guests to ride to town will be available at the Club. See bicycle comments above. 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 car rentals. a. The. Club will arrange for discounted car rentals for our owners and guests who want to take longer trips 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 caz rental rates. As requested by P&Z -below are addifional measures targeting owners/guests that could be implemented: • Concierge service -providing grocery, baggage handling, dry cleaning, errands, etc for owners/guests. 10 • Providing car free vacation packages with airport pickup, priority carshaze/bikeshaze access, concierge service, discounts on car free activities, related merchandise, etc for caz free guests. • Providing a car free map or other related materials to guests via website, printed materials, in rooms, etc. Phasing 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 for 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 Pazking at the Club Monitoring Program The effectiveness of the program will 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. 11 3. Results will be summarized in Memorandum form complete with tabulations and charts so that year-to-year trends are readily appazent. 4. A Yeaz 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. 6. Two yeazs 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. 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 due to this project, the Transportation Department reconunends 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. Any changes to the underlying Club business that affect the baseline will be discussed with the Transportation Department. c. Vehicle counts and surveys shall be undertaken in Mazch and August annually as outlined in the plan, using anEngineering/Transportation firm or using standazd 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 • additional contribution to the Cross Town Shuttle • additional restrictions on employee driving • additional rewazds/incentives programs for employees and guests • paid pazking for employees and guests • additional restrictions on employee driving • flexible scheduling for employees to avoid peak hour congestion • scheduling of club activities to avoid peak hour congestion 12 • more aggressive internal and external education • additional rewazds/incentivesprograrns for employees and guests • paid parking for employees and guests • other measures as approved by the Transportation Department f. annual report shall also include status of required TDM program components. Non-compliance with required TDM components will be brought to City Council for discussion and action if needed. 13 ~rr~aaer~rorr~ ~o~~~,~,~o~;U~s Aspen Club & Spa Comments on behalf of several neighbors Aspen Planning 8 Zoning Commission October 6, 2009 I'm Jeanette Darnauer, principal of Darnauer Group Communications. I am here to represent the concerns of several neighbors in the area around the Aspen Club and Spa, who remained concerned about several issues: 1. They believe that this application does not comply with the requirements of the SPA to be "compatible with the surrounding land use." Yes, there are a few offices and commercial spaces nearby, but this is primarily a residential neighborhood. A hotel does not fit and should not be built within a residential neighborhood. This isn't a NIMBY issue; I would guess than none of us would appreciate it if a hotel or timeshares were proposed in our neighborhoods. It's a matter of compatibility, according to the requirements. I remind you that when the application was first presented in 2005, the staff concluded that the application should not be approved because "it is not the ideal location for lodging development," it was "inconsistent with the future land use map in the Aspen Area Community Plan," and that the staff felt that the "proposed timeshare lodge use in this area of town is somewhat of a departure from the existing land uses in the area and not necessarily compatible with the neighborhood character of the area." We submit that there aren't sufficient changes in this application to justify a reversal of those sentiments. The question you have to answer is whether this expansion truly meets the criteria of providing a "great public benefit to the city' in order for this land to be allowed the design flexibility of a Specially Planned Area. While there are several benefits proposed, we would argue that they are primarily for the benefit of a private business, not for the general public. If you believe that there is a public benefit to justify the SPA, then you still must address our second major concern -- traffic increases in a residential neighborhood and the lack of teeth to enforce the traffic mitigation plans proposed. There are several good incentives in the Club's proposed Traffic Management Measures, but little to no enforcement mechanisms. The fact that employees and members will be "encouraged" to do the right thing is probably not motivating enough to trump the convenience of driving. There must be stringent enforcement measures and benchmarks to determine when threshold car counts, for example, have been exceeded. And there must be penalties associated with them. We are very concerned about the inconsistencies in the shuttle service proposed. Transportation experts will all tell you that in order to get people to ride alternative transportation, they need to know that a bus will always be there at the same time, year'round, even if it runs empty sometimes. So it won't work for the Club to decrease its service in the low seasons according to demand, as they claim. Also, the Mitigation Plan does not include any traffic "target" numbers, referred to, that will trigger additional demand management tools, or details on the Club's "seasonal monitoring program". There must be stringent enforcement mechanisms, not simply better rewards programs. There should be driving restrictions for members as well as employees. We didn't see that in the plan. I'm curious what percentage of employees now uses their own cars vs. the shuttle, and what percentage of members drive versus using other means of transportation. That's important so you know how big of a challenge the traffic issue will be. Perhaps I missed that in the application. 3. We encourage the P&Z to look at the City Council requirements in their Conceptual approval: that the Aspen Club needs to exist on a permanent basis, and that Ute Avenue traffic will be LESS after construction than before. To approve the final plan that does not contain these two items will violate the basis of the Conceptual Plan approval. In summary, our hope is that you place restrictions on the approval with the teeth to enforce those restrictions. You only have to read the part of your packet about the Club's compliance with the 1996 transportation commitments to see how difficult and confusing it can be to follow up on traffic mitigation issues.