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Home My WebLink Aboutordinance.council.002-10RECEPTION#: 571827, O7/OS/2010 at 04:00:31 PM, 1 OF 77, R $351.00 Doc Code ORDINANCE ORDINANCE N0. 2, Janice K. Vos Caudill, Pitkin County, CO (SERIES OF 2010) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING FINAL SPECIALLY PLANNED AREA (SPA), FINAL PLANNED UNIT DEVELOPMENT (PUD), FINAL TIMESHARE, MULTI-YEAR GROWTH MANAGEMENT REVIEW, REZONING, AND SUBDIVISION FOR THE DEVELOPMENT OF SUB-GRADE PARKING, TWENTY TIMESHARE UNITS, REDESIGNED COMMERCIAL SPACE, AND TWELVE AFFORDABLE HOUSING UNITS FOR THE PROPERTY LOCATED AT 1450 CRYSTAL LAKE ROAD (THE ASPEN CLUB) CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-181-32-019 WHEREAS, on September 17, 2007, the Community Development Department received an application from Aspen Club and Spa, LLC, represented by Sunny Vann of Vann Associates, LLC requesting approval of conceptual commercial design review, conceptual approval for a Specially Planned Area (SPA), Planned Unit Development (PUD), and Timeshaze, to develop a sub-grade garage, nineteen (19) timeshare units and twelve (12) affordable housing units, and to redesign existing commercial spaces; and, WHEREAS, upon initial review of the application and the applicable code standazds, the Community Development Department recommended the Applicant amend the proposal to better comply with the requirements of a Specially Planned Area (SPA), a Planned Unit Development (PUD), Conceptual Timeshare, and the Commercial Design Standards; and, WHEREAS, in order to address the concerns raised by the Community Development Department, the Applicant amended the application to include twenty (20) timeshaze units and amended the site plan for the May 6, 2008 Planning and Zoning hearing; and, WHEREAS, during a duly noticed public hearing on May 6, 2008, continued from February 5, 2008, February 19, 2008, March 4, 2008, March 18, 2008, and April 1, 2008, the Planning and Zoning Commission approved Resolution No. 9, Series of 2008, by a Four to One (4 - 1) vote, approving Conceptual Commercial Design Review, and recommending the Aspen City Council approve a Conceptual PUD, Conceptual SPA, Conceptual Timeshare; and, WHEREAS, during a duly noticed public hearing on July 14, 2008, the City Council approved Resolution No. 65, Series of 2008, by a Four to One (4 -1) vote, approving Conceptual PUD, Conceptual SPA, Conceptual Timeshaze; and, WHEREAS, on May 4, 2009, 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 Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page I of 20 develop asub-grade garage, twenty (20) timeshaze units and twelve (12) affordable housing units, and to redesign existing commercial spaces; and, WHEREAS, during a duly noticed public hearing on October 20, 2009, continued from September 29, 2009, and to October 6, 2009, the Planning and Zoning Commission approved Resolution No. 15, Series of 2009, by a four to two (4 - 2) vote, approving Stream Mazgin Review and twelve (12) Affordable Housing Growth Management Allotments, and recommended the Aspen City Council approve a Final PUD, Final SPA, Final Timeshaze, Rezoning, one-hundred and twenty-four (124) Multi-Year Lodge Growth Management Allotments (112 Allotments from 2009 and 12 Allotments from 2010), and Subdivision; and, WHEREAS, in response to concerns by the Planning and Zoning Commission and the Community Development Department the Applicant provided a letter dated December 16, 2009 indicating that there is an "inextricable connection between the continued operation of the Aspen Club & Spa facility and the proposed Aspen Club Living Condominiums" (the fractional units) and that "the Club Owner will not have the ability to shut down the Club operation or to substantially change the use of the Club Building without the express consent and approval of the City of Aspen and, at a minimum, the Association on behalf of the Fractional Owners," and; WHEREAS, pwsuant to Section 26.310, the City Council may approve a Rezoning, during a duly noticed public heazing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, pursuant to Section 26.440, the City Council may approve a Final SPA, during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, pursuant to Section 26.445, the City Council may approve a Final PUD, during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, pursuant to Section 26.470, the City Council may approve Multi-Yeaz Growth Management Allotments, during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, pursuant to Section 26.480, the City Council may approve a Subdivision, during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth ManagementlSubdivision Page 2 of 20 recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, pursuant to Section 26.590, the City Council may approve a Final Timeshare, during a duly noticed public heazing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, during a duly noticed public hearing on February 8, 2010 and February 22, 2010, Mazch 8, 2010, Mazch 31, 2010, May 10, 2010 and May 24, 2010 continued to June 1, 2010, the City Council approved Ordinance No. 2, Series of 2010, by a three to one (3 - 1) vote, approving Final SPA, Final PUD, Final Timeshaze, 124 Multi-Yeaz Growth Management Lodge Allotments, Rezoning, and Subdivision; and, WHEREAS, the Aspen City Council 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 Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development meets or exceeds the Specially Planned Area Standazds of Designation as outlined in Land Use Code section 26.440.030(A); and WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standazds and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessazy for the promotion of public health, safety, and welfaze. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section I: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves a Final Specially Planned Area (SPA), Final Planned Unit Development (PUD), Final Timeshare, Rezoning, one-hundred and twenty-four (]24) 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 Yeaz], and Subdivision, subject to the following conditions. Section 2• Subdivision/PUD/SPA Plat and Agreement The Applicant shall record aSubdivision/PUD/SPA agreement (hereinafter "Agreement") that meets the requirements of Land Use Code within 180 days of approval. The 180 days shall commence upon the granting of Final Commercial Design Review approval by the Planning and Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 3 of 20 Zoning Commission. Additionally, a final PUD/SPA/Subdivision Plat shall be recorded in the Pitkin County Clerk and Recorder's Office within 180 days of the final Commercial Design Approval and shall include the following: a. A final plat meeting the requirements of the City Engineer and showing: easements, encroachment agreements and licenses (with reception numbers) for physical improvements, and location of utility pedestals. b. An illustrative site plan of the project showing the proposed improvements, parking, and dimensional requirements as approved. c. A detailed landscaping plan. d. A drawing representing the project's architectural chazacter, including building elevations. e. A final grading and drainage plan meeting all requirements of the City Engineer. The Applicant shall receive Engineering Department approval for their drainage plan prior to Engineering Department sign-off on the Final Plat. f. A final utility and public facilities plan. g. A trail easement for the trail to be dedicated to the public (crossing the property from the existing "Aspen Club Trail" through the site to Ute Avenue). The final plat shall re-number the subdivided lots that were presented in the application, and referred to herein, as follows: Lot 1 shall be Lot 15-A Lot 2 shall be Lot-IS-B Lot 3 shall be Lot 15-C Lot 4 shall be Lot 15-D Lot 5 shall be Lot 15-E The Applicant shall condominitunize the timeshaze units afrer substantial completion of the project. The condominium plat(s) shall be reviewed administratively. The Agreement shall require recordation of a condominium plat prior to issuance of a Certificate of Occupancy. Section 3: Timeshare Documents The Applicant shall record a Timeshare Disclosure Statement and Development Instruments concurrently with the Condominium Plat and Declazation. The documents shall meet all requirements outlined in section 26.590.090 of the Land Use Code. Section 4: Dimensional Requirements The approved dimensional requirements aze based off the following standazdization: all front Yazd setbacks aze the south side of the lots, all the rear yazd setbacks aze on the north side of the lots, and all side yard setbacks aze the east and west sides of the lots. Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshaze/Growth ManagemenUSubdivision Page 4 of 20 RR Dimensional Proposed Dimensional Requirements for subdivided lots Re uirement Lot 1: 161,251 sq. ft. Lot 2: N/A Minimum Lot Lot 3: 14,328 sq. fr. Size Lot 4: 25,851 sq. ft. Lot 5: 11,332 s . ft. Minimum Lot Area per N/A dwellin unit Minimum Lot As recorded on the Final Plat Width Lot 1: 30 feet above grade, 5 feet below grade Minimum Lot 2: N/A Front Yard Lot 3: 10 feet Setback Lot 4: 0 feet Lot 5: 7.5 feet Lot 1: 0 feet above and below grade Minimum Side Lot 2: N/A Yard Setback Lot 3: 10 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 stair, 5 feet below grade Minimum Side Lot 2: N/A Yard Setback Lot 3: 20 feet (West Side) Lot 4: 5 feet Lot 5: 0 feet Lot 1: 100 feet (15 feet from Top of Slope) Lot 2: N/A Minimum Rear Lot 3: 10 feet Yard Setback Lot 4: 10 feet Lot 5: 10 feet Townhouse Units (Lots 3 & 4) Pitched Roofs (Units 1, 7, 14): 28 feet Flat Roofs (Units 2-5, 8-13): 28 feet Club Units (Lot 2): 28 feet Affordable Housing Units (Lot 5): 28 feet with the Maximum following exceptions: Height Unit 11, Northwest Corner: 32 feet Unit 12, Northwest Corner: 41 feet Unit 12, Southwest Corner: 31.25 feet Aspen Club Building (Lot 1): 28 feet Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 5 of 20 RR Dimensional Proposed Dimensional Requirements for subdivided lots Re uirement Minimum % N/A O en S ace Total FAR:.55:1 Total: 94,750 sq. fr. Allowable Multi-family (affordable housing units): 12,390 sq. fr. Floor Area Lodge: 50,490 sq. fr. (Townhouse Units: 34,410 sq. fr.; Club Units: 16,080 sq. frJ Commercial (Club): 31,870 s . fr. 132 spaces total: Minimum Off- Lodge: 20 spaces Aspen Club and Spa: 95 spaces (60 spaces on Lot 1; 35 Street Parking spaces on Lots 14A & 14W) AH units: 17 s aces Section 5: Financial Assurances -Performance Bond (a) The Applicant commits and agrees that before a Building Permit is issued for the Aspen Club Living development approved by this Ordinance, the Applicant shall provide to the City Building Department and the City Attorney for review and approval satisfactory evidence that the Applicant has in place sufficient financing to accomplish and complete the construction of the development, including all public improvements as defined in Section 27 herein and covered by the Building Permit, all public improvements required under the Subdivision/PUD/SPA Agreement, and the Aspen Club & Spa upgrades provided for in Section 23. Such financing may include, without limitation, a construction loan from an institutional lender or lenders and equity capital investments from the Applicant and/or third party investors. (b) Supporting cost estimates for all improvements covered by the requested Building Permit shall be prepazed by the Applicant's General Contractor and shall be delivered to the City Building Department for review and approval before the Building Permit is issued. (c) The Applicant further commits and agrees that before a Building Permit is issued for the Aspen Club Living development approved by this Ordinance, the Applicant shall provide to the City Building Department and the City Attorney for review and approval a copy of a Performance Bond issued or committed to be issued to the Applicant's General Contractor by an institutional surety company pursuant to which the surety agrees to provide the funds necessazy to complete the construction of the improvements covered by the Building Permit, and all public improvements required under the Subdivision/PUD/SPA Agreement and described in Section 27 herein. The Performance Bond shall name the Applicant and the City of Aspen as additional beneficiaries or insureds thereunder to grant to either or both of them a direct right of action under the Performance Bond in order to construct or finish public improvements, and to complete the construction of the improvements covered by the Building Permit. Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 6 of 20 Section 6: Pre-Construction MeetinL The Applicant shall conduct apre-construction meeting with the City Community Development Staff prior to submittal for a building permit application. This meeting shall include the general contractor, the architect producing the construction drawings, a representative of the Building Department, a representative of the Engineering Department, and the Community Development Department's case planner. Section 7: Commercial Design Review The Applicant shall submit an application for final Commercial Design Review within one (1) year of the date of final SPA/PUD approval. The Applicant is required to receive final Commercial Design Review prior to submission of a building permit. Section 8: Buildin¢ Permit Application The Applicant shall meet all adopted building codes and requirements in effect at the time the building permit is submitted. Accessible routes to any public right-of--way and accessible parking spaces will be required. The proposed project will be subject to the Use Tax on building materials. The proposed project will be required to comply with all Efficient Building Programs in place at time of building permit submittal. Prior to building permit submittal the azchitect of record must determine the type of construction for the existing structure and the allowable area for building and addition based on the type of construction and modifications. The building permit application shall include the following: a. A copy of the Development Order issued by the Community Development Department (see Section 26.304.075(A)(2), City of Aspen Municipal Code.) b. A copy of the final City Council Ordinance and P&Z Resolution. c. A copy of the final Commercial Design Review approval d. The conditions of approval printed on the cover page of the building permit set. e. A means of egress plan. f. An overall access plan for the site. g. If the Club is intending to operate while under construction, a plan to maintain exits and separation from construction activity will be required. h. The TDM Plan and updated Traffic Study. i. A detailed Lighting Plan. j. A plan showing protection of the stream mazgin azea and the stability of the hillside above the trail. Section 9: 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 Applicant shall be subject to the Stormwater System Development Fee. The final drainage plan shall meet all Engineering Department standards. The application has been referred to the Colorado Geologic Survey for their review on the geologic hazards to the site. This information shall be provided as part of the building permit submittal. Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 7 of 20 The construction management plan shall 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 i~rohibited at all times; this includes but is not limited to truck traffic, foot traffic, storage or materials. Section 10: Ute Trail Improvements The Applicant has agreed to contribute to the completion of the Ute Trail. This contribution will occur no later than 60 days notice of the commencement date/notice to proceed of the Trail's construction as provided by the City of Aspen. The Applicant has agreed upon a contribution in the amount of $70,000 to be adjusted annually according to the Consumer Price Index (C.P.1.) starting in 2009. Prior to both the contribution and the building permit issuance the Applicant will need to provide the City of Aspen a Bond or Letter of Credit in the amount of $70,000. This bond will be released once the contribution is received. If the contribution is not made as described above the bond or letter of credit will be executed by the City of Aspen. Section 11: Ute Ave Improvements The Applicant agrees to improve the Cul de sac at Ute Ave to accommodate a 100 foot diameter while maintaining the center island. Sheet 1 of 1 of plans dated 6/30/2009 shows conceptually how this will be achieved. These plans are attached to the Ordinance as Exhibit D. The Applicant agrees to install two speed tables along Ute Avenue prior to Certificate of Occupancy for the Timeshare Units. One at the Ute Trail crossing and the other location to be approved by the City Engineer. The final design of the speed tables must be approved by the City Engineer. The Applicant shall provide a cost estimate as approved by the City Engineer and provide financial assurances for all public improvements. The Applicant shall bear all costs associated with the proposed improvements to Ute Avenue. Section 12: Affordable Housing The Applicant shall provide twelve (12) on-site affordable housing units. Three (3) units of 850 sq. ft. of net livable area shall be deed restricted to a Category 2, five (5) units of 950 sq. ft. of net livable area shall be deed restricted to a Category 3, and four (4) units of 950 sq. ft. of net livable azea shall be deed restricted to a Category 4. The Applicant shall record a deed restriction on each of the twelve (12) affordable housing units in conjunction with filing a condominium plat for the property and prior to issuance of a Certificate of Occupancy (CO) on the affordable housing units. The Certificate of Occupancy for the affordable housing units shall be issued prior to or at the same time as the Certificate of Occupancy for the tmeshaze units. The affordable housing 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. Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth ManagemenUSubdivision Page 8 of 20 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/l0a' 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 aze converted to ownership units, or the statutory restriction on rent control units is eliminated. 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 with APCHA Guidelines for one year. 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 aze 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 aze 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. The affordable housing commitment made by the Applicant pursuant to this Section represents in part a voluntazy negotiated agreement between the Applicant and the City which has been proposed by the Applicant as a public benefit in connection with the Aspen Club development approved by this Ordinance. Section 13: Fire Mitieation All codes adopted by the Aspen Fire Protection District at the time of building permit submittal 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). Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth ManagemendSubdivision Page 9 of 20 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 14: Public Works The Applicant shall comply with the City of Aspen Water System Standazds, 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 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 the Engineering and Water Departments prior to recordation. The project will demonstrate the delivery of fire flows adequate to satisfy Aspen Fire Protection District standards for a Type IIIB Commercial Building. This may be satisfied by 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. The Applicant shall bear all costs associated with the proposed improvements to the water line along Ute Avenue and metering connections that result from this project. Section 15: Sanitation District Requirements Since there is an existing Aspen Consolidated Sanitation District owned and maintained main sanitazy sewer line currently running through the proposed development, the proposed relocation of this main ACSD sanitazy 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. Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshaze/Growth ManagemenUSubdivision Page 10 of 20 Service is contingent upon compliance with the District's rules, regulations, and specifications, which aze on file at the District office. The Applicant shall beaz all costs associated with the proposed improvements to the sanitation system that result from this project. Section 16: 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. The Applicantwill be subject to the TDM/Air Quality Impact Fee in place at the time of Building Permit submittal. Section 17: Exterior LiEhtina All exterior lighting shall meet the requirements of the City's Outdoot Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. No exterior lighting shall be permitted in the stream mazgin area (fifteen (15) foot setback area from top of slope) or in any area below the top of slope line (toward the river) unless it is in the exact location of the existing lighting and requires no additional disturbance to the stream mazgin area. This shall be verified at time of building permit submittal. Section 18: Transportation The Applicant shall comply with all aspects of the Transportation Demand Management (TDM) plan attached to this Ordinance (Exhibit A). The TDM Plan and the TDA Traffic Study (attached as Exhibit B) shall be recorded as part of The Agreement. The Applicant may update the traffic counts and TDM Plan prior to building permit submittal. This shall be conducted afrer working with the Transportation, Community Development, Engineering, and Environmental Health Departments to ensure compliance with all approvals. Any changes to the TDM plan based on updated traffic counts must be reviewed and approved by the Transportation, Engineering, Environmental Health, and Community Development Departments. The Applicant shall conduct a meeting to review the Transportation Demand Management Plan with the City Staff prior to submittal for a building permit application. This meeting shall include the Applicant, a representative of the Transportation Department, a representative of the Engineering Department, a representative of the Environmental Health Department, and the Community Development Department's case planner. The Applicant shall be required to install a traffic counting system to monitor traffic on an hourly and daily basis. The system to be installed shall be reviewed at the above referenced meeting and must be approved by the Transportation Department prior to building permit submittal. The Club Owner shall be responsible for the purchase, installation, and maintenance of the system. The Club Owner shall also include aback-up method of counting traffic in the event that the Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 11 of 20 installed system malfunctions or does not work at any time. The system shall be installed prior to issuance of a Certificate of Occupancy for the Timeshare Units. A semi-annual Report covering January through June and July through December shall be provided to the Transportation, Engineering, Community Development, and Environmental Health Departments by January 15 and July 15 annually for ten (10) years after the project receives a CO. The report must indicate both daily and hourly traffic counts. The Report shall also include the status of required TDM program components. For each year the Club does not meet the zero growth goal, the annual reporting obligation shall be extended by one year. If staff reviews the report and finds it is not in compliance with the TDM Measures or does not include the required reporting information, the issue(s) shall be brought to City Council for discussion and action if needed. If the Club does not meet the zero growth goal for two (2) years in a row, they shall be required to pay one-half (1/2) the Annual cost of operating the Cross-Town Shuttle (at the rate in effect at that time), and institute paid parking at the Club until they can show they have met the zero growth goal in some other way, as approved by the Transportation, Engineering, Environmental Health, and Community Development Departments. Section 19: 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 the 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. 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 Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth ManagemenVSubdivision Page 12 of 20 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. The Applicant will be subject to the Pazks Development Impact Fee in place at the time of Building Permit submittal. Section 20: Parlcine No pazking is approved for Ute Ave or in the cul-de-sac. Section 21: School Lands Dedication The Applicant will be subject to the School Lands Dedication cash-in-lieu in place at the time of Building Permit submittal. Section 22: Enerey Commitment (a) An audit of the gas and electrical energy consumed by the existing 77,000 squaze foot Aspen Club building during the preceding three years was conducted by Resource Engineering Group and summarized in a written report dated November 24, 2008, a copy of which report is attached as Exhibit C to the Ordinance. The energy consumption reflected in that report averaged 18,600 million Btu/year over the subject three year period (the "Baseline Average"). The Club Owner ("Club Owner" for purposes of this Ordinance and the Agreement shall mean the record owner from time to time of Lot I, Aspen Club Living Subdivision/PUD/SPA) hereby commits and agrees that following the redevelopment of the Property pursuant to the approvals granted in this Ordinance, the average annual energy consumption of all uses of the Property (including the Club, the Timeshare Units, and the Affordable Housing Units) will not exceed the Baseline Average. (b) The Club Owner commits and agrees that the Building Permit Application for the Aspen Club Living development approved by this Ordinance (including the Aspen Club & Spa facility upgrades discussed in Section 23 below) shall include the installation of such energy conservation mechanical components (including upgrades to existing systems) as may be designed and recommended by Resource Engineering Group, or other qualified engineering firm, in order to achieve the energy consumption Baseline Average for all anticipated uses of the Property (including the Club, the Timeshare Units, and the Affordable Housing Units). The specifications and recommendations provided by Resource Engineering Group shall be reviewed and approved by the City Building Department and the Canary Initiative staff before the Building Permit is issued. (c) Pursuant to Section 5 of this Ordinance (Financial Assurances), the Club Owner is also committing to provide the City with a copy of a Performance Bond on the project prior to the issuance of a Building Permit therefore. The Performance Bond shall also cover the installation of the energy consumption mechanical components (including upgrades to existing systems) that are incorporated in the approved Building Permit. Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshaze/Growth ManagemenUSubdivision Page 13 of 20 (d) The final Certificate of Occupancy for the Aspen Club Living development approved by this Ordinance shall not be issued until the Club Owner has demonstrated to the Building Department and Canary Initiative staff that such required energy conservation mechanical components (including upgrades to existing systems) have in fact been installed by Club Owner. (e) Within 30 days following the expiration of the one year period following the issuance of the final Certificate of Occupancy for the Aspen Club Living development, the Club Owner shall provide the Building Department and Canary Initiative staff with a report summarizing the energy consumed by all uses of the Property during said one year period. With such report, the Club Owner shall provide the Building Department and Canary Initiative staff with copies of all energy bills used to prepare the report, for purposes of verification by the City. If such report concludes that the energy consumed by all uses of Property during said one year period exceeds the Baseline Average, within 30 days following the date of the report the Club Owner shall open an Escrow Account with Pitkin County Title, Inc., subject to Escrow Instructions that have been mutually approved by Club Owner and the City Attorney, and shall fund that Escrow Account with the sum of $ 100,000.00 and shall provide the City with evidence of such deposit. During the ensuing one year period, the Club Owner shall make a good faith effort to bring the Property's energy consumption into compliance with the Baseline Average. (f) Three years following the date of issuance of the final Certificate of Occupancy for the Aspen Club Living project, the Club Owner shall have Resource Engineering Group or other qualified engineering firm perform a complete energy audit covering all uses of the Property during the preceding three year period and averaging the energy consumption of the Property over said three year period. If such audit concludes that the energy consumed during said three year period exceeds the Baseline Average, the Club Owner shall have Resource Engineering Group or other qualified engineering firm perform an updated evaluation of the energy systems (and the operation thereof) on the Property and the Club Owner shall have the year following the date of the audit in which to make such changes in the operation of the energy system and/or such upgrades to the system as may be recommended by said engineering firm in order to achieve the promised Baseline Average. The Club Owner shall have the right to draw funds from the Escrow Account to pay for such remediation efforts. (g) Similaz audits will be performed four yeazs and five years, respectively, following the date of issuance of the final Certificate of Occupancy for the Aspen Club Living project, in each instance covering the preceding three year period and averaging the energy consumption of the Property over said three year period. If either of said audits reflects anon-compliance with the Baseline Average, then the Club Owner shall continue its good faith efforts to upgrade the energy consumption on the Property pursuant to the previous recommendations of the engineering firm and shall have the right to draw funds from the Escrow Account to pay for such remediation efforts. (h) If said fifth year audit determines that the energy consumption on the Property does not exceed the Baseline Average, the Escrow Account shall be closed and all remaining funds therein shall be returned to the Club Owner and no further energy reports or audits shall be required. If said fifth year audit determines that the energy consumption of the Property exceeds Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth ManagemenUSubdivision Page 14 of 20 the Baseline Average, the Club Owner shall be obligated to provide an additional energy consumption audit six yeazs following the date of issuance of the final Certificate of Occupancy for the Aspen Club Living project, covering the preceding three year period and averaging the energy consumption of the Property over said three year period. Such annual audit obligation shall continue until such time as an audit determines that the energy consumption on the Property does not exceed the Baseline Average. Section 23: Club Reinvestment (a) The Club Owner hereby commits and agrees that prior to the issuance of a final Certificate of Occupancy for the Aspen Club Living development approved by this Ordinance, the Club Owner will spend a minimum of $5,000,000 in upgrades to the existing Aspen Club & Spa facility. Improvements are anticipated to include, but not be limited to: • Program Development and Programming (as defined herein and in Exhibit F to this Ordinance) • structural improvements throughout Club • new entryway • underground pazking • safer access to Club • upgraded HVAC system • new heating and cooling control systems • clean energy initiatives such as geothermal and solar • upgraded insulation • fix snowmelt • refurbished cazdio room • new weights in weight room • new cardio equipment in cazdio area • painting • performance center • yoga studio • new spinning bikes • new power tap equipment • swimming pool • lockers in men's and women's locker room • steam room in men's and women's locker room • sauna in men's and women's locker room • retiling and regrouting in wet areas of locker rooms • updated spa rooms • massage tables • new carpeting throughout Club • new furniture in reception azea • new patio furniture and umbrellas on outdoor deck • update salon • salon furniture and fixtures • phone system • repair roof • employee lounge furniture • TRX System • entrance to Yoga Studio • cord coverings on Cardio Deck • TVs • spa entrance area • signage • replace steam units • equipment in spa • redesign retail space (b) Upon substantial completion of the upgrades to the Aspen Club & Spa facility, the Club Owner shall provide to the Community Development Department a summary of the costs and expenses incurred by the Club Owner ih accomplishing the upgrades, which cost summary shall be reviewed and approved by the Community Development Department. The Club Owner shall Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshaze/Growth Management/Subdivision Page 15 of 20 specifically explain all costs related to improving the snowmelt system, upgrading insulation, clean energy initiatives, heating and cooling systems, improved HVAC systems, safe access to the Club, underground parking, a new entryway, and structural improvements. (c) A final Certificate of Occupancy shall not be issued for the Aspen Club Living development project approved by this Ordinance until the Community Development Department is satisfied that the Club Owner has expended a minimum of $5,000,000 in connection with the upgrades to the Aspen Club & Spa facility. (d) The Applicant has also committed to provide on-going benefits to the community. Said benefits are listed below and in Exhibit F to this Ordinance. • Program Development and Programming (as defined herein and in Exhibit F to this Ordinance) • The Aspen Club will be available to host Project Graduation for as long as Project Graduation wishes to be at the Club • The Aspen Club will be made available for Local Olympic and other elite athletes who wish to train at the Club. • The Aspen Club will be made available for local Paralympic athletes who wish to train at Club. ' • The Aspen Club will continue to host occasional community events and social gatherings. • Disabled members of our community will be allowed to train on the Aspen Club's Alter G machine for the life of that equipment. • The Aspen Club will continue to hold seminars and lectures during the year that are open to the public. • The Aspen Club will continue to provide free office space to two local charities. If, at any time, the Applicant and subsequent Club Owners are unable, for whatever reason, to provide the benefits outlined in this section, the Community Recreation Fund, outlined in Section 24, may be used to provide said benefits elsewhere in the community. Section 24• Aspen Club Livine Condominiums ("ACLC") Fractional Interest Assessment. The Club Owner hereby commits and agrees that the initial purchaser of each Fractional Interest in the Aspen Club Living Condominiums, and each subsequent purchaser of such Fractional Interest shal- be obligated to pay to the City of Aspen an ACLC Fractional Interest Assessment in the amount of 0.25 percent of the Actual Cash Consideration paid for the Fractional Interest. This assessment shall sunset 25 years from the date of this approval. Said ACLC Fractional Interest Assessment shall be due and payable by the purchaser at the time of closing of the Fractional Interest transfer, and shall be submitted and paid to the City Cashier in the Finance Department and prior to the recording of the purchase deed in the Office of the Clerk and Recorder of Pitkin County, Colorado. If not paid when due, said Assessment shall bear interest at the rate of 18% per annum until so paid, and such Assessment and interest shall constitute a lien on the subject Fractional Interest for the amount thereof, which lien shall continue until the amount thereof is paid or until its discharge of record by foreclosure or otherwise. Said ACLC Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth ManagemenUSubdivision Page 16 of 20 Fractional Interest Assessment shall be subject to the same exemptions as are applicable to the Wheeler Real Estate Transfer Tax as set forth in Chapter 23.48 of the Aspen Municipal Code. All ACLC Fractional Interest Assessments received from time to time by the City Cashier shall be promptly deposited in a fund to be known as the Aspen Club Community Health and Recreation Fund (the "Community Recreation Fund"). The purpose of the Community Recreation Fund is to protect the Ongoing Community Benefits currently taking place at the Club, as defined in Section 23(d) herein and in Exhibit F to this Ordinance, that cease for any reason, to be carried out by the Club. The monies in the Community Recreation Fund shall be administered by the Aspen Community Foundation, and grants from the Fund shall be distributed by a Community Advisory Committee of three (3) members, two (2) of whom shall be appointed from time to time by the Aspen City Council and one (1) of whom shall be appointed from time to time by the Club Owner. A vote of a majority of the members of the Committee shall be required for all Committee actions, including without limitation determinations as to the purpose or purposes for which the monies in the Community Recreation Fund shall be disbursed from time to time. The above-described ACLC Fractional Interest Assessment represents an entirely voluntary commitment on the part of the Club Owner, and is intended as an additional community benefit associated with the Aspen Club & Spa Subdivision/PUD/SPA that is the subject of this Ordinance. Section 25: Reportine Requirements The Club Owner shall be subject to a number of reporting requirements, as indentified herein. All reporting requirements shall, to the extent possible, be compiled into one report that goes to the City Community Development Department. This report shall include: • The traffic and TDM reporting and audit procedures as specifically outlined in Section 18 and Exhibit A to this Ordinance. • An audit and report of programming elements, including, but not limited to those outlined in Section 23, Club Reinvestment, and attached as Exhibit F to this Ordinance. This report shall be required for the life of the recreational club use and shall be submitted on a yearly basis. • The reporting and audit procedures as specifically outlined in Section 22, Energy Commitment. Any items required to go to other City Departments by other sections of this ordinance shall be sent directly to those Departments by the Club Owner. Section 26: Site Protection Fund The Club Owner hereby commits and agrees that before a Building Permit is issued for the Aspen Club Living development approved by this Ordinance (the `Project'), the Club Owner will deposit with Pitkin County Title, Inc. ("Escrow Agent") the sum of $100,000 in the form of cash Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth ManagemenUSubdivision Page 17 of 20 or wired funds (the "Escrow Funds") and will execute an Escrow Agreement and Instructions with the Escrow Agent which recites and agrees as follows: In the event construction work on the Project shall cease for sixty (60) days or longer (`work stoppage') prior to a final inspection by the City of the work authorized by the Foundation/Structural Frame Permit on the Project, then the City in its discretion may draw upon the Escrow Funds from time to time as needed for purposes of protecting and securing the Project site and improvements from damage by the elements and/or from trespass by unauthorized persons, and for purposes of improving the Project site to a safe condition such that it does not become an attractive nuisance or otherwise pose a threat to neighbors or other persons. The Escrow Funds or any remaining balance thereof shall be returned to Club Owner upon completion by the City of a final inspection of the work authorized by the Foundation/Structural Frame Permit on the Project. The City shall be a named third party beneficiary of the Escrow Agreement with the express right and authority to enforce the same from time to time. Section 27: Public Imarovements A Certificate of Occupancy (CO) or a Conditional Certificate of Occupancy (CCO) shall not be issued for the project until all public improvements have been completed. The public improvements shall include, but are not necessazily limited to, the trail and Ute Avenue improvements set forth at §§ 10 & 11 herein, the affordable housing described in §12 herein, compliance with the public works requirements set forth of § 14 herein, the sanitation district requirements set forth at § 15 herein, the pazks plans referenced in § 19 herein, the school land dedication requirement set forth at § 21 herein, the energy commitment spelled out in § 22 herein, and the club reinvestment obligation described in § 23 herein. Section 28: Detached Residential Development Right The right to build detached residential dwellings on the property (Lot 15 of the Callahan Subdivision/PUD, and as subdivided herein) is hereby terminated. Section 29: Vested Ri¢hts The development approvals granted pursuant to Planning and Zoning Commission and Resolution 15, Series of 2009 and herein shall be vested for a period of five (5) years from the date of issuance of the Development Order. No later than fourteen (14) days following the final approval of all requisite reviews necessazy to obtain a Development Order as set forth in this ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundazies of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshaze/Growth ManagemendSubdivision Page 18 of 20 Notice is hereby given to the general public of the approval of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 1450 Crystal Lake Road., City of Aspen, CO, by Ordinance No. 2 Series of 2010, of the Aspen City Council. Section 30: 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, 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. The following representations have been made by the Applicant and shall be memorialized in the Agreement: (i) Applicant shall continue to operate the Club facility as a recreation club for so long as the timeshare condominium form of ownership remains an approved use on the Property; (ii) Memberships in the Club shall continue to be made available to the general public and to Fractional Interest Owners in the Aspen Club Living Condominiums For so long as the timeshaze condominium form of ownership remains an approved use of the Property. (iii) The Declazation of Condominium for Aspen Club Living Condominiums shall provide that the Fractional Interest Owners have no right or authority to terminate or otherwise restrict the operation of the Club facility. It is expressly understood that in the event the timeshaze condominium approvals set forth in this Ordinance shall be vacated in future with the consent of the City, representations (i) through (iii) shall be considered vacated as well. Section 31: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 32: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a sepazate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 33: A public hearing on this ordinance shall be held on the 8a' day of February, 2010, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshaze/Growth Management/Subdivision Page 19 of 20 Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 11 u, day of January, 2010. Attest: % ~~~ ,, t~9 Kathryn S. ch, City Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this ~f7day of~ 2010. Attest: G Kathryn S. K y City Clerk Michael C. Ireland, Mayor Approved as to form: "-C~y -tI rney Attachments Exhibit A: Approved TDM Plan Exhibit B: TDA Traffic Study Exhibit C: Energy Baseline Report by Resource Engineering Group Exhibit D: Conceptual Cul-de-sac Improvements Exhibit E: Approved Site Plan Exhibit F: Programming Elements Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 20 of 20 Ordinance 2, Series 2010 Exhibit A Aspen Club Living TDM PLAN GOAL Have zero growth in traffic levels on Ute Avenue coming to the Aspen Club as a result of the Aspen Club Living Project, while creating a safer street. Based on the current TDA Report, traffic levels coming to the Club shall remain at their stated baseline of ** Average Annual Daily Trips, ** average AM peak trips, and ** average PM peak trips. A revised traffic study shall be required prior to submittal for a Building Permit. This study shall be conducted daily for a one year period and shall include daily and hourly counts. The Transportation and Engineering Departments shall approve the method of the traffic study before it is conducted. The study shall be used to update this TDM Plan, including but not limited to, listing the Average Annual Daily Trips, AM Peak Trips, and PM Peak Trips off of Ute Avenue. BACKGROUND 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. Baseline conditions have been established via high season traffic counts at key locations in the vicinity, including Ute Avenue and the Aspen Club entrance. The Club will have a designated Transportation Coordinator who will manage all TDM programs as a function of their job description. The Club Transportation Coordinator shall manage all TDM programs in perpetuity, and shall be responsible for the continued operation and maintenance of the traffic counting system. In addition, the Aspen Club will remain an active member of the City's Transportation Options Program, with the Transportation Coordinator acting as the City's contact. TARGET GROUPS A unique challenge associated with this project is the existence of a variety of user groups with distinct needs. The Aspen Club Living TDM program establishes a vaziety of tools targeting the following groups: • Employees commuting to the Club Ordinance No 2, Series 2010, Exhibit A Aspen Club TDM Plan Page 1 of 12 Ordinance 2, Series 2010 Exhibit A • Employees living on-site in Aspen Club affordable housing • Club members • Club guests • Aspen Club Living owners Ordinance No 2, Series 2010, Exhibit A Aspen Club TDM Plan Page 2 of 12 o¢ o~ N ~ k •~ W N U 'O O y~ W d a a. A F~ eu a .~ .J. U a a Q 0 0 ~ L Y v U ~ a ° C O C O E . 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N U ~ G N N Q N z 5 O Ordinance 2, Series 2010 Exhibit A Aspen Club Living - TDM Measure Detail FIXED ROUTE ASPEN CLUB SHUTTLE The Aspen Club will provide shuttle service to and from the Club at regularly scheduled intervals. These would augment the Cross Town Shuttle services, operating on a fixed route and schedule. Details a. Shuttle vehicles will be reduced emissions or zero-emission. b. Shuttle service will be free of charge for employees, members, owners and guests. c. Signs and other information identifying the routes and times will be posted at the Club, and, if permitted, at Rubey Park and other locations in town. d. The shuttle will be publicized in Club mazketing materials and inside the facility. e. The shuttle schedule will coordinate pickups and drop offs to best accommodate employees who are arriving/departing Rubey Park. f. The shuttle route/schedule will be coordinated with hotel parMers to minimize total shuttle trips to the Aspen Club. g. Employees will be allowed to access shuttle service for lunch, errands, etc. Schedule a. This service will be provided half-hourly from 7 AM to 9 PM every day during the peak summer and winter seasons. (Peak summer season is defined as Food and Wine Weekend -Labor Day; Peak winter season is defined as December 15th -the Close of the Ski Mountains.) These hours may be increased or decreased depending on actual demand experience, but will not be less 13 round trips daily operating at approximately the morning (8-9:30am), mid-day (12-1:30pm) and evening (4-6:OOpm) peak hours, on the half hour and the hour. b. During shoulder seasons and before 7 AM and after 9 PM, there will be scheduled service that at a minimum remain within those trip numbers outlined above unless agreed otherwise with the Transportation department. A reduced service schedule in the off- season may be appropriate. c. Without the minimum level of service in place described above, the Club will be required to contribute a fee equal to 13 trips per day to the operation of the Cross Town Shuttle. Ordinance 2, Series 2010 Exhibit A d. Service to the airport will be provided separately from the scheduled in-town service in order to keep the in-town service on a fixed schedule. In addition, the airport service shall be provided on-demand only to avoid unnecessary trips. Phasing 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. 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. ON-DEMAND ASPEN CLUB SHUTTLE The Aspen Club will provide an on-demand shuttle service to serve guests traveling to/from the airport and other areas not served by the fixed route service. Details a. Shuttle vehicles will be reduced emissions or zero-emission. b. On-demand service will be free and available to Club members, owners and guests. c. On-demand service is meant to serve as a backup to fixed route service and will not replace fixed route service during peak summer and winter. d. On-demand service may replace fixed route service during off seasons. Schedule a. On-demand service will be available daily during Club hours of operation. Phasing A detailed on-demand shuttle plan 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. Ordinance 2, Series 2010 Exhibit A BUS PASS SUBSIDY The Aspen Club will provide reduce priced bus passes for employees to use 1tFTA. The Club currently subsidizes 50% of employee's bus passes. Subsidized bus passes will remain in place. Phasing This subsidy is currently in place. The program must be marketed to employees, with marketing measures to be provided to Transportation no later than six months afer the date of issuance of Certificate of Occupancy. Measure to remain in place in perpetuity unless approved for discontinuance by the Transportation Department. CARPOOL MATCHING The Aspen Club will organize carpools for employees who have to commute to the Aspen Club. Details a. First priority will be to match employees with other employee via the Club's Transportation Coordinator. b. Carpool matching will be discussed during new hire orientation. c. If no match is found in-house, the City of Aspen TOP program and carpool matching software will be used to search for external matches. Phasing This program must be approved by Transportation Department and in place no later than six months after the date of issuance of Certificate of Occupancy. The program must be marketed to employees, with marketing 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. Ordinance 2, Series 2010 Exhibit A CARPOOL PARHING Preferential carpool parking spaces will be provided for carpooling employees. A minimum of 3 carpool spaces will be provided and located in the parking area on Lots 14A & 14W closest to the path to the Aspen Club. Details a. Carpool spaces will be designated with signage. b. Approved carpools will be provided with a tag or permit to allow access to preferential spaces. c. Carpoo) pazking spaces will be monitored by Transportation Coordinator. d. Employees parked in carpool spaces without appropriate permits/tags will be written up. Phasing This program must be approved by Transportation Department and in place no later than six months afrer the date of issuance of Certificate of Occupancy. Measure to remain in place in perpetuity unless approved for discontinuance by the Transportation Department. RESTRICTED PARHING Employee parking will be limited to the Crystal Lake Parking lot located on Lots 14A & 14W. Details a. Employee parking is not allowed in Ute Avenue parking lot. b. Preferential parking will be provided for employees who carpool. c. Parking area will be monitored by Transportation Coordinator. d. Employees parked inappropriately will be written up. Phasing This measure is currently in place. Measure to remain in place in perpetuity unless approved for discontinuance by the Transportation Department. NEW HIRE ORIENTATIONS 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. Ordinance 2, Series 2010 Exhibit A Phasing This program must be approved by Transportation Department and in place no later than six months afrer the date of issuance of Certificate of Occupancy. Measure to remain in place in perpetuity unless approved for discontinuance by the Transportation Department. EMPLOYEE INCENTIVE PROGRAM The Aspen Club will create incentive plans for carpoolers, bikers, walkers and RFTA riders. Details a. Program will consist of gift cards, punch cards, prize drawings or end of season raffles. Phasing Program must be in place no later than six months afrer the date of issuance of Certificate of Occupancy. Program must be marketed to employees, with marketing 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. EMERGENCY RIDE HOME PROGRAM 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. Details The Aspen Club will be responsible for any trips taken beyond the TOP program's budgeted limit each year. Phasing This measure is currently in place. Measure to remain in place in perpetuity unless approved for discontinuance by the Transportation Department. Ordinance 2, Series 2010 Exhibit A MEMBER INCENTIVE PROGRAM 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. Details 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 gifr cards, prize drawings or end of season raffles for prizes and rewards. Phasing Program must be in place 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. HOUSING PREFERENCE 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 also develop move-in packets that will provide information on all alternative transportation programs provided in Aspen. Phasing Program to be in place before first tenants move in and to remain in place for future tenants. CAR RENTAL DISCOUNT Arrangements will be made with a local car rental company for discounted car rentals. Details a. The Club will arrange for discounted car rentals for our employees who live on-site as well as for Aspen Club Living owners. b. Trips will be charged at the negotiated discounted car rental rates. Ordinance 2, Series 2010 Exhibit A BICYCLE FLEET Shared bicycles will be available for employees as well as tenants of employee housing and Aspen Club Living owners. Details a. A minimum of four bicycles will be available at program outset. 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. The program may expand as needed based on usage. Phasing Program must be in place no later than six months after the date of issuance of Certificate of Occupancy. Program must be marketed to employees, with marketing 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. CARSHARE PROGRAM A Carshare vehicle will be available, on-site, for employees living in affordable housing as well as for Aspen Club Living owners. Details a. Prior to opening of the project, the Aspen Club and Transportation Department will determine how to best structure this program, possibly using the services of CAR TO GO, or possibly being operated by the Aspen Club. b. Issues to be addressed include: i. Ownership of vehicle ii. Access to the vehicle iii. Payment of maintenance and operating costs Ordinance 2, Series 2010 Exhibit A Phasing 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 plan must include, at a minimum: 1. Purchase/ownership of vehicle(s) 2. Type of vehicle(s) 3. Parking location(s) 4. Allowable customers 5. Vehicle replacement plan 6. Operations plan including reservations, access, fueling, insurance 7. Subsidy/cost sharing plan for CAR TO GO, should CTG operate the vehicle MONITORING PROGRAM The effectiveness of the program will be measured in several ways: The Applicant shall be required to install a traffic counting system to monitor traffic on an hourly and daily basis. The Club is responsible for the purchase, installation, operation, and maintenance of the system. The Applicant shall also include aback-up method of counting traffic in the event that the installed system malfunctions or does not work at any time. The system to be installed shall be reviewed and approved by the Transportation and Engineering Departments prior to building permit issuance. Asemi-annual Report covering January through June and July through December shall be provided to the Transportation, Engineering, Community Development, and Environmental Health Departments by January 15 and July 15 annually for ten (10) years afrer the project receives a CO. The report must indicate both daily and hourly traffic counts. The Report shall also include the status of required TDM program components. For each year the Club does not meet the zero growth goal, the annual reporting obligation shall be extended by one year. [f staff reviews the report and finds it is not in compliance with the TDM Measures or does not include the required reporting information, the issue(s) shall be brought to City Council for discussion and action if needed. 2. Survey of above target groups to ensure their knowledge of and participation in the programs. Annual surveys must be pre-approved by the Transportation Department. 3. Results will be summarized in Memorandum form complete with tabulations and charts so that year-to-year trends are readily apparent. 4. The Transportation Department may require interim check-ins as necessary. Ordinance 2, Series 2010 Exhibit A CHANGES TO THE PLAN If the Applicant chooses to update the traffic counts from the baseline in the current TDA study and those numbers are different than the current counts done by TDA (610 trips per day, 54 AM peak trips per hour, and 64 PM peak trips per hour), then the Applicant shall also be required to update the TDM Plan. This update must be conducted prior to submission for a building permit, and must be reviewed by the Transportation, Engineering, Environmental Health, and Community Development Departments for compliance with all approvals. Any changes to the TDM plan based on revised base line traffic counts must be reviewed and approved by the Transportation, Engineering, Environmental Health, and Community Development Departments. The update or this plan and its associated TDA traffic counts shall be submitted as part of the building permit application. FURTHER TOOLS 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, Engineering, Environmental Health, and Community Development Departments that shall include, but is not limited to, 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 rewards/incentives programs for employees and guests • flexible scheduling for employees to avoid peak hour congestion • scheduling of club activities to avoid peak hour congestion • more aggressive internal and external education • paid parking for employees and guests • converting parking spaces to carpool only spaces • other measures as approved by the Departments listed above If the Club does not meet the zero growth goal for two (2) years in a row, they shall be required to pay one-half (1/2) the Annual cost of operating the Cross-Town Shuttle (at the rate in effect at that time), and institute paid parking at the Club until they can show they have met the zero growth goal in some other way, as approved by the Transportation, Engineering, Environmental Health, and Community Development Departments. c~Rclinarc~2, Zaa 6xhibii~8 Aspen Club Living Traffic Impact Study Prepared for.' Aspen Club & Spa, LLC Aspen, CO Prepared by TDAColorado, Inc, 90o E, Loulslane Ave. #100 Denver, CO 80270 tda~tdawioratlo com Under the direction of DAVID D. LEAHY, p.E. August 4, 2009 Club Living vrpac~ Snrdy TABLE OP CONTENTS INTRODUCTION ...............................................................................................................................1 EXISTING CONDITIONS ................................................................................................................. .3 Traffic Volumes ................................................................................................................................. .3 Public Transportation ....................................................................................................................... .4 Pedestrian, Bicycle and Equestrian Transportation .........................................~.,............................... .5 Traffic Controls ...................................................................................:............................................. .5 Turning Movement and Daily Volumes ............................................................................................ .5 PROJECT DESCRIPTION ................................................................................................................. .. 7 FUTURE BACKGROUND CONDITIONS ..................................................................................... .. 9 FUTURE PROJEC'C TRIPS ................................................................................................................ ..9 Trip Generation, Standard ................................................................................................................ . 9 Trip Distribution .............................................................................................................................. 10 TRANSPORTATION DEMAND MANAGEMENT PLAN ........................................................... 13 Phasing of Measures .......................................................................................................................... 17 Monitoring Program ........................................................................................................................ 17 Trip Reduction with Proposed Management Actions ...................................................................... 18 ENVISIONED UTE AVENUE SAFETY PROGRAM ..................................................................... 20 PARKING REQUIREMENTS &SUPPLY ........................................................................................ 22 QUALITY AND LEVEL OF SERVICE ............................................................................................. 22 SUMMARY & RECOMMEMDATIONS .......................................................................................... 24 APPENDIX A ..................................................................................................................................... 26 Glossary ........................................................................................................ .. .................................. 26 LIST OF TABLES Table 1 Existing Site Vehicle Trips ...................................................................................................9 Table 2 Vehicle Trip Generation .................................................................................................... 30 Table 3 Trio Reductions with Proposed TDM Plan ......................................................................19 'T'able 4 Parking Requirements & Proposed Supply ......................:................................................22 Table S Quality of Service by Mode ...............................................................................................23 LIST OF FIGURES Figure 1 Vicinity Map & Traffic Count Locations ............................................................................2 Figure 2 Existing Site Plan .............................................. ...................................................................3 Pigure 3 Existing Design Day Volumes .......................... ...................................................................6 Figure 4 Proposed Site Plan ............................................ ...................................................................8 Figure 5 Club Trip Distribu[ion ..................................... .................................................................11 Pigure 6 Residential Trip Distribution ........................... .................................................................12 Pigure 8 Ute Avenue Traffic Calming ............................ .................................................................21 ai3~oov page i TDA Colorado INTRODUCTION This report describes the traffic impacts associated with the Aspen Club & Spa's planned renovation and residential development project. The Aspen Club is situated between the Roaring Fork River and S. Ute Avenue in the southeast sector of the City of Aspen, See Figure 1. The project consists of developing 20 fractional ownership residential units and 12 affordable housing units on the existing 5-acre Aspen Club and Spa property, and to renovate portions of the existing Club & Spa facilities. This study presents an analysis of existing conditions in the project vicinity and an assessment of the potential impacts of the proposed project. The Aspen Club has committed to a proactive approach to minimizing new trips to and from the Aspen Club via Ute Avenue out of respectfor the residents along chat corridor. The report enumerates a series of measures to be undertaken by Club management to further promote alternatives to vehicle travel by members, employees and future guests and owners residing at the Club. The transportation demand management (TDM) measures are the product of discussions with City traffic management staff, Ute Avenue neighbors, Club management and the professional transportation consultant engaged for this study. Furthermore, the Club plans to moni[or the effectiveness of the TDM plan in reducing site+based vehicle trips on Ute Avenue by commissioning as annual count of traffic nn Ute Ave by mode: private vehicle, bike, pedestrian, private shuttle and RPTA. This report is presented in three major sections: Existing Conditions -refers to today's traffic, pedestrian, bike, parking, and transit conditions, Future Conditions without Transportation Demand Measures - a forecast of conditions in the future project completion year with no formal vehicle trip reduction measures. Future Conditions with Transportation Demand Measures - a forecast of conditions in the future project completion year with implementation of specific measures designed to offset growth in the number of site-based vehicle trips and promote alternative travel modes. 8/3/1009 Page 1 TDA Colorado 5 '~ zy V '~ c ~~ ~. /. IClevelarid St o Z West ~~` (~ \~~'~ , ~ , O . • / , ~ . poi ~ ~ - ~ LL CI I "' ~ ~.. _ ..i > a ~ a ~ a ~' ~ ~y' o ~ ~J ~ ~ CyI r O x c .~ Hunter ..,.,...,_ :~:~:•:•:•:•'. ._. ffi :•:: io {'L'~'.'.' .'.'.6 ~:::: a.....~. ..` Y G o "~ cl a x ~, 2 d: ~ ~_ ~ 8 w o t E ~ d H 7 II II 11 Y~O I ^ v c o b J c 7 O U m c ~ o ~ ro~:~° ~-~~ ~~° v;~'o~~ rnu ~ °g~. iL>Fa`~i 0 6 U 0 ~. N °~ a S Aspen CPob Living 7Y•ajf7c impact S1ndy EXISTING CONDITIONS The existing Aspen Club & Spa is located on a 5-acre site, Main access is at the south end via Ute Avenue and auxiliary access is north of the site, across the Roaring Fork River, via Crystal Lake Road off of Hwy 82. Off-site parking (35 spaces) is provided along Crystal Lake Road with apedestrian/bike trail and bridge crossing the river, leading to the Club, Figure 2 shows the existing site layout and access points. Traffic Volumes In October 2008, TDA completed a summary report' with detailed analysis of seasonal traffic conditions in [he project vicinity. It compares August 2008 summer counts with available March 2008 winter counts, as well as the earlier Augus[ 2004 summer traffic counts performed at two ' Letter Report to Michael Fox, Aspen Ciub & Spa Tratllc Count, TDA Colorado, inc. October 29, 2008 ai3aoov Page 3 TDA Colorado Aspen Cf:rb Llving 7Y~a~c /mpam Srudy intersections along South Original Street and the access drive to the Aspen Club & Spa. This report identifies peak traffic conditions by season, day of week and time of day in the vicinity of [he Aspen Club & Spa. Key findings noted in the TDA 2008 Traffic Count Report are: • Total weekday traffic volumes in the project vicinity arc higher than on weekend days. • Summer daily traffic volumes are higher than winter daily volumes. • Club and Spa daily traffic volume is slightly higher on Priday, as compared to mid week or weekend days. • Hourly traffic activity at the Club is highest and fairly uniform between 10AM and 1PM, and again between 3PM and 6PM for weekday and weekend. Asa "design day" fox assessing future development traffic, a Thursday during August would represent a typical high traffic activity day for the surrounding neighborhood, when Club traffic exhibits a high daily volume. • The 3:00 to 4:00 PM hour is the combined peak traffic hour for Ute Avenue and Club & Spa trips. During this hour, Club trips comprised about 29% of the 200 vehicles on Ute Avenue east of Original. • During the nine•hour daytime video taunt, for all arrivals to the Club, approximately 81% are via aura, 10% via bicycle and 9°h as pedestrians. Approximately 80% of arrivals are via Ute Avenue entrance with 20% crossing the footbridge from Crystal Lake Road. At the busiest intersection in the vicinity -Original Street/Cooper Avenue -Club & Spa trips represents about 8% of summer total AM peak hour traffic and only 5% in the PM peak hour, which has a higher total volume than during the AM. Public Transportation RPTA provides both City and down-valley transit service. The Rubey Park transit station is centra]ly Located along Durant Avenue, between Mill Street and Galena Street. The transit hub is served by all summer routes run by RFTA. Service is available from 6:30 AM to 2:00 AM. Service is generally described below: City Routes -There are six in-town fare free routes, four of which serve residential areas, and one serves the post office and Silver Queen Gondola on ten minute headways. The Cross•Town Shuttle specifically runs to the Aspen Club and Spa approximately every 30 minutes, 8 AM to 9 PM. Data from the October 2008 Traffic Count show that jus[ a few Club members/workers currently use the Cross-Yawn bus route that runs along Ute Avenue. Valley Routes -During the summer, there are 43 scheduled departures, Mid-valley routes depart every 30 minutes while routes serving Glenwood Springs are provided every two hours. Seasonal Routes -Special service is provided for events (such as the Aspen Music Festival) throughout the summer in the Aspen area.Z ' RFTA websi[° 8/3/d009 Aage 4 TDA Colorado Aspen Club Living D~a~c Lnpact Study Pedestrian, Bicycle and Equestrian Transportation Existing sidewalks are found on S. Original Street, E, Cooper Avenue, E. Durant Avenue. Ute Avenue has a trail along the north side from Original Street to just past the Ute Cemetery where it bends north around the Benedict property to follow the Roaring Pork River along the north side of the Club site. A second trail connects the Crystal Lake Road parking lot with the Club site via a footbridge over the ffiver. Traffic Controls Two intersections were studied to asses relative change in volume associated with the Club project. Both intersections are four-way stop-controlled; S. Original Street/E. Cooper Avenue and S. Original Street/E. Durant Avenue. The Ute Avenue driveway of the Aspen Club & Spa was also studied. Turning Movement and Daily Volumes Figure 3 shows the turning movement volumes at each of the study intersections during the Thursday AM and the PM peak hour of the Design Day. Total Thursday volumes are also shown at each of the six 24hour locations. Volumes are based on 7-day late August 2008 counts collected by All Traffic Data Services of Arvada. The highest turning volumes occur during the PM peak hour at the Original/Cooper intersection with 130 southbound left turns and 187 eastbound right turns. Both of these movements are links in the State Highway 82 designated route through the city. As depicted in Pigure 3, combining 610 daily Club vehicles on Ute Avenue with the 250 vehicles using Crystal Lake Road indica[es a total of 860.vehicle trips attributed to the Club & Spa on a typical summer weekday. 89/1009 Page 5 TDA Colorado ~m~ ~ M ~ '~~`0~~ \ 1 Nr~ ~ ~tY' ~ •~. / .J 14 2 (3),' '~ 7 (18 ~'~ a ~ I 5(5)~ X6(16• ~ ?~ _ - T~ ~ g -r-- NN~ n ~ 61Q St g ~ West E d St x v •~~ 1 ~~14 60 (130) ~ L 10 (24)~ 56 (107) -i x--65 (13$ 29 (51) ~ 4 ~ 5 (22)' \ ~ I ~/ \ ~~ N 01x00 ~ 4 J iy 1 ~n ~ $ ~ ?' a y~ ° ~ c o ~o D ^ a~ ry` m > z` ~, ~ Y 7 ~ ~~ ~ u~.w¢o~u v_ ^ N v~. n O ~CO fO /OlM K1 ~ l ••'••• / .~ 14~ 43 (65) ~ * ••21 (36) ~ * ~ 21 (32) I ~ I ~ / w m / ~~ v~ v V ~ ~ ~ ~ 0 a 0 `a 0 U O F. d' a Club PROJECT DESCRIPTION The Aspen Club and Spa is proposing the addition of 20 fractional ownership residential units and 12 affordable housing units on the existing 5•acre property. As a part of these residential additions, the existing Aspen Club & Spa facilities will be renovated with new uses in some of the currently underutilized spaces. The project will reallocate a portion of the existing club as support space for the six proposed fractional units that will be developed within the renovation area. The actual leasable Club area will be reduced from the existing 84,600 SP to about 77,800 SF. However, for trip generation purposes, it is assumed that the current usage levels will continue. Figure 4 illustrates the proposed site plan. The site currently provides 56 on-site plus 75 off-site parking spaces. This 91-space maximum supply was determined previously by the City at the time of the 1996 relocation of the Club's access to Ute Avenue. The proposal includes an oa-site below grade parking garage with 53 spaces, 44 at-grade on•site spaces and continued use of the 35 off-site spaces across the river. The new underground parking will access Ute Avenue directly, using an access location that currently is used to access a small lot at the rear of the Club. Total parking supply for the mixed-use project will increase from 91 to 132 parking spaces. 8/38009 Paga 7 TDA Colorado S~ V h r~ ~~ ~h t' !~ 0 0 U r ao o. ~ `~- y,~ ``~-. ,1., i m.. ~ _..~_~.:_ ~, ,.. . . _... f _ __ __ -- - ~-..__ r- A. i-~~ ~ Aspen Club Llvbtg TY~afJlc Impact Snrdy FUTURE BACKGROUND CONDITIONS No roadway or signalization improvements arc planned for the study area during the period from now through 2012, the earliest likely date of occupancy for the Club's new residential units. No other traffic projects affecting this study area are expected. No significant changes to the public transit system serving the site are expected. Ute Avenue will likely continue to experience nominal growth in traffic through the intervening years due to Club membership and business growth trends and operation of the planned Aspen Community Center just east of the Club. PUTURE PROJECT TRIPS The Aspen Club Living project will remodel the existing facility and add a residential element to the site, Comprehensive vehicle, bicycle and pedestrian counts done in August 2008 provide site- specific data for determining the expected vehicle trip patterns for the expanded Club facility. Analysis of the project bounds the potential incremental increase in traffic as a result of the Club expansion and added residential uses, Trip Generation, Standard Standard procedure for estimating traffic impact from new development is to use trip generation ratios found in an industry standard reference: the Institute of Transportation Engineers (ITE) publication Trip Generation (7`6 Edition). however, ITE states that when site•specific data (such as the 2008 counts at the site) is available, the first-hand. information should be used for determining future trip patterns. Club Trips Estimates of project trips for the Club & Spa portion of the development are based on the actual count data presented in the Existing Conditions section of this repott, showing Priday as the peak usage day of the week, with about 860 total daily vehicle trip•ertds. A vehicle trip-end represents either the beginning or end of a visit to the project site; each with 2 trip-ends, referred to as trips, Summarized in Table 1, the existing facility generates 70 AM peak hour and 99 PM peak hour vehicle trips on a typical summer day. With the project, the actual Club square footage will be less than existing, yet for vehicle trip generation, the current level of travel to the site is assumed. Table 1 Existing Site Vehicle Trips Aspen Club & Spa Cl M & E l T i b AM Pk Hr PM Pk Hr em er mp oyee r ps ub In Out In Out via Ute Avenue Entrance via Crystal Lake Road Access 40 9 14 7 _ 30 9 34 _ 28 ---- - ._ Total Pik Hour Directbnal Tri 49 21 39 80 Total Peak Hour Trips 70 88 August 2008 crount date, TDA CoMrado, Inc. The existing 84,600 SP Club facility currently exhibits the following trip generation rates: 0 10.17 Daily vehicle trips per 1,000 SP • 0.83 AM peak hour vehicle trips per 1,000 SP • 1.17 PM peak hour vehicle trips per 1,000 SF at3aoo9 Pagc 9 TDA Colorado Aspen Club L7ving D•a~c /nrpacl Study Residential Trips The Club and Townhouse residential units will all have lock-off capabilities within each unit, to offer flexibility in usc. Each of nc~se lock-off units, referred to as keys, is assumed to generate trips as an individual dwelling. These units are assumed to generate trips as shown for the ITE code Luxury Townhome/Condo (N233). The affordable housing 2-bedroom units will not have lock-off capability and are assumed to be renter occupied, functioning similar to the ITE code Mid-rise apartment (H223). Vehicle trip generation is summarized in Table 2, showing total and net added vehicle trips to and from the site. Auildout of the project could generate about 28 added PM peak hour, 26 added AM peak hour and 304 added daily vehicle trips. When creating a Transportation Demand Management (TDIvi) program, these are the vehicle trips that targeted for reduction. TDM measures, and the resulting change in vehicle trips from the "standard" estimating approach, are discussed later in this report. Table 2 Standard Vehicle Trip Generation Estimate Wlth Residential Protect and No Trip Reduction Measures Aspen Club l.iving Ouantly Qunlay RETAp PM Pk HrVrE' tMd P,sHr Trlp BMa sVd PkHrV1E! Aa Pk Hr Tdp Bids ToWI DdyVn:' Lantl Uaea BDnna for Tdp Gonenlbn mar Cabe Rsb %h %CLI To6tl IN CUT Role %In %Od TdBI W OUT RaM TApe bong Club PectNOea BLB KGpA 84.6 KGFA TDA 1.17 J8% 61% 99 39 BO h87 70% 30% 70 49 2I 10.17 880 ropased ReeldentNl CIW Raslaen%i; 3~[drm q DUB 8 keys ° 233 038 23% n% 4 1 3 Q55 69% - 37% 6 3 2 82J W CNA RasMBM%1; 2~tdrm 10US 4 kryaf 233 0.56 23% n% 3 1 2 0.~ 83% 37% 2 1 1 8.2D 25 TovmMr¢e Redd6M61;/~Mrm 4DUS Bkgas 233 O58 23% 7t% 1 1 3 065 63% 37% 6 3 2 620 6l Townlni%e ResldaMal;3Mlm 10 DUS 20 kqs° 233 0.68 23% n% 12 3 9 0.55 83% 37% 11 7 4 620 124 AIbNaSle Fbidi9; 2bdrm 12 WS 12 k ° 223 0.39 58% 42% 6 3 7 0~ -31% ~89% 3 1 2 4.f0 ~ otelPro aed ReeldeMlal 32 52 28 B 19 - 28 15 11 304 r oaetl Club&9 aRenaellon 78.8 KORA 84.8 KCdA TDA 1.f7 39% 81% 93 39 80 0.83 70% 30% 78 09 21 10.17 9 Standard TD7AL Vehlde Trlpa with Pro ed ~ PM Peak Hour 127 48 79 AM Peak Hour 88 84 32 Daly 1,f84 NetAODEDVshkloTdpabeforoTrlpRaductfon PMPoakHour 29 9 19 AM PeakNour 28 15 11 Daly 304 1) VIE=,ehtle apm4(pvaMtleopmdaprtunn NtlwrNebedmiream3eleay, sarAaip ha,2apem6l r! Mya•mm6erolspsnblocteBmR pw d"ellt8 3) aces ml Mctdo waea~ama2>k10 epacu ITETdp (Ureralon Codas: 2Z3 Mtl~R'6eApsr6noM 233 wxury Cmdortwmme TDA Derived from AU3us12008 tou~b. Trip Distribution Trip distribution refers to the direction trips travel to and from the site. Figure 5 shows trip distribution for the Club & Spa trips to and from the proposed project site during the AM and PM peak hours. It is assumed that existing travel patterns will similar for the renovated Club, As presented in the Existing Conditions section, approximately 80% of current vehicle arrivals access the site via Ute Avenue to park on-site and 20% via Crystal River Road, parking offsite and walking via the Roaring Fork River pedestrian bridge. Figure 6 shows trip distribution for the Aspen Club Living residential trips. It is assumed that all residence based vehicles will access the site via Ute Avenue and park on-site, si3aoov Page 10 TDA Colorado .~~ ~h v~ ~4 8' ~E~ ~ ~- t °i°e ~or~ ~~ `. Clevel u ~ i West a y N c G; ~~ ~ ~ ~~~ i- ~ ZOO ~~% ~ ~~• r ~ ~ ~ ~ _1 ~ _ ~ . ~ i ?~~ i ~ ~ ~•.~..~ a d v s~~, $ a 5 ~ ~ ~I `•.., t ~ 13 ~) G O `/ y ° Hunter t l%861 -+ ~ %OB %8L \,~~/ + ~ M M ~ ~ 4-~,`, ~.~1 ,. -} ~ oo ~%s1-~ ~~ 8 ~m ~ ... C LL O t w ~ O~ R~ ~~~ a's ~utl~~~ ~?~~e 'u.Ua~¢~ 0 a 0 U O d .~ N a~ ti ~~ as z ~` F~•~ ~c0 i ~ a~ 0 0 U 4 0. q Pages 13 -19 are replaced with Exhibit A to this Ordinance. Exhibit A is the up to date TDM Plan. Aspen Club 1 ~•as7c Irnpacr ENVISIONED UTE AVENUE SAFETY PROGRAM One of the main issues today £or 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. NEW SIDEWALK- As shown in Pigure 7, we would propose a new sidewalk to the south side of the Benedict Building and the Aspen Club, connecting eo the existing trail from the west and north. As there is not sufficient right-of-way for the addition of this sidewalk, an agreement with the Benedict Building will be required. Figure 7 Examples of Pavement Markings for Speed Tables or Speed Humps with Crosswalks Aspen Club Living LOa0na OPTION A OPTION a -~ Dlraclan of eavol /. R a aoamlrv --~ 3Jm IT8 arm 128 I, "' I i4Vwal Genlal0l 1.8m i lYViwl (61Q I iraval Ln~w (B llj C1 N ~~., l ~ ~'Ip ~bb 4}~ ~ ~~ &a •. d E c f 1' n°,c n°=1- ~ e ~ ~ m_„' ~_* t 0.3m I .. ,~ ~ 0.3~\ • Il nl\ 300 mm n2 ml tl al \`` X3(00 mm . ~ ~ Yvnna h+olk4rof ~ ~ wnlm ,.IaiNlny> Source: Manual on Uniform Tralflc Control Devices, 2003, FHWA 2. SPEED HUMPS with CROSS\GALKS -Two of these are shown in Figure 8: one at Aspen Alps 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 Aspen Alps speed hump, 3, SPEED HUMP SUMMARY -Together this layout provides a speed hump about 1/4-mile apart. This is generally consistent with speed humps spacing used elsewhere in the Aspen community. 8/3/7009 Paga 20 TDAColorado a U ~' d a~ a ~= ~M g a d i a N ZW O N 6. ~, N ~ s ' 10 Y_ N N () ~y ~ 3 €g` H p ~ ~~ a : ~~ 1 N € ~ ~ z ~ ~ ~ iiY n ~ i,rc a U c ' ~ U ~° Z ..^, ~ U y V n ' a 8m ~~ ~ ~ P Q o z ~ \p, ~ L ~ N ~~~ - d a' I, e U z° C ~ E im ` V C ~3 ~~ ~~ a , „ N lL 7 ~[ W 'o b ~U1 ~ H Q~ V U K ~y U $ (n I II ~~~~~~• N I II 6 d ~ ~$ a' c d II N 4 U i O D 0 0 J D .. N Chrb Living mpacr SI udy PARKING REQUIREMENTS & SUPPLY Table 4 summarizes the applicable parking code requirements and proposed supply for the projec[. The existing Aspen Club has a total of 91 spaces (56 via the Ute Avenue entrance and 35 spaces across the river). The Aspen City Code requirements for the residential elements of this proposal are 0.5 spaces per fractional housing unit and 1.0 space per affordable housing unit. As shown in Table 4, the minimum required parking for the Aspen Club Living is 123 spaces. The proposal includes a 132-space parking supply. The 35 spaces along Crystal Lake Road will remain. On-site parking via the Ute Avenue entrance will increase from 56 to 97 spaces, with 32 of them assigned to the residential uses, meeting the City requirement. Table 4 Parking Requirements & Proposed Supply Aspen CIu6 Liv/ng Land Use Clly of Aspen Units Required a n 9 proposed Requirement t S a parking Spaces as Fractbnal Resldentbl 0.5 spaces per key 40 keys 20 AfiordaWe Housing 1.Ospece per unit 12 units 12 Athletic Club 1 s ces s 82 KGSF 81 Total Required Parkin 123 r ular HC On-site Parking Na Ute Avenue 82 5 Off-site Parkin across RNer 35 0 127 5 TotalPropoeedParkingSupply 132 1) VannAssoclates Prevlousl determined; see tent. QUALITY AND LEVEL OP SERVICE 'The Transportation Demand Management (TDM) program discussed previously in this report addresses the goal of limiting growth in automobile traffic on U[e Avenue due to this project. To encourage members and residents to utilize the TDM measures, alternative multimodal options are defined with the TDM, Determining [he Level of Service (LOS) for alternate modes is different from determining the LOS for vehicles. The City of Aspen and other jurisdictions are developing guidelines to identi{y and determine Quality of Service [or pedestrians, bicycles and transit. Key to increasing alternative transportation is to create a safe, comfortable, and reliable experience for those pedestrians, bike riders and transit users. Table 5 describes an analysis of existing and future levels of service for pedestrians, cyclists, and transit users. -- a~anoov Page 22 TDA Colorado Aspen Club Living Trr{1J'(c /mpacl Srudy Table 5 Quality of Service by Mode of Arrival Asosn Club Llvlna Quality of Service Considerations Aspen Club Living Pe estfian On•Sita: Naw Internal walkways connecting to RF River pad bndge will pass through new housing courtyard with • Presence, connectivity & sidewalk width landscaping, lighting, and benches, connecting to Club • Lateral Separation of Traffic entrance and continuing to Ute Ave fa access to transit • Barriers & Buffers from Traffic stop. No ddveway crossings for pad access to transit stop. • Crossing Opportunities New 10' trail along Club's Ute Ave. frontage will connect • Delays at Intersections with Jewish Community Center site on the eas4 • Driveway Frequency & Volumes Off-Site; Ute Ave. bike Iped frail leaves Ute Ave, alignment • Visitor Experience -120' NW of Club entrance. Club & JCC will provide capital cost for missing Ute Ave Ilnk across Benedict property to the west. When constructed, users will have Ute Ave. ped/bike trail continuity from Original to JCC with Tew driveway Interruptions en route. Existing- LOS C Mitt ated - LOS B LOS A with Benedid link com sled Bicycle On-Site: Convenient and additional bicyde parking will be added near entrances to the Club and duatered near • Presence of Dedicated Facility residential units. Shared bicycles will be available for • Network Connectivity employees to use for short trips to town. • Number & Wfdth of Travel Lanes OffSlte: Off road trail along Ute Ave does not connect to adjacent to Route main entrance of Club. A 26 mph speed Ilmit, relalNely low • Volume & Speed of Traffic vehlde volumes and minimal trucks promote a safe • Percent of Trucks & Buses encountered environment for cyclists on Ute. Ave. Slower, more uniform • Pavement Condition vehicle speeds via traffic calming measures will make Ute more compatible with bicycle riders, Existing -LOS C Mitf sled -LOS 6 __ __ Transit Currently free RFTA cross-town shuttle service from Rubey Park to Aspen Club via Ufe Ave twice per hour, on the half • Frequency & Hours of Service hour from SAM to BPM. Abundant sealing is available even • Rellabllity of Service during peak hours. • Passenger Loads Aspen Club will adtl a private shutda serving several hotels • Travel Times and other transfer points for employees, members and residents. Service using mini buses or vane will be from 7AM to gPM, In addition to RFTA. Shuttles will have a sat route. Service information will be provided to members and residents, as part of marketing. Club will continue to monitor service to meat demonstrated demands. Existing -LOS C _ MITI sled -LOS A Automobile Aspen Club Living with TDM plan is forecast to add a net increase of 1 AM and t PM peak hour trip vn Ule Avenue. • Corridor Travel Times This minimal addition of lrafflc will not change traffic delay • Intersection Delay or LOS at the any of the b intersections analyzed. Car • Queue Length travel time will incieasa slightly with implementation of the Ute Ave. traffic calming proposal. a~3/doo9 Aege 23 TDA Colorado Grab SUMMARY & RECOMMEMDATIONS The Aspen Club and Spa's planned addition of fractional ownership and affordable housing residential uniu within the existing 5acre site presents an opportunity to manage transportation demand. By adding residential development (trip producer) to an existing fitness facility (trip attractor), a pale[te of opportunities arise for managing vehicle trips to and from the site as a product of increased density and diversi[y of ]and use. This type of urban infill provides a larger and more diverse population base for implementing transportation demand management (TDM) tools. As a complement to encouraging al[ernatives to personal auto travel, the Club proposes traffic calming and trail improvement measures along Ute Avenue that will enhance the experience of bike and pedestrian users of this travel corridor Travel Demand Management Program This report provides a detailed list of TDM tools that can aid Aspen Club members, residents and employees in reducing their dependence on travel by private car. This analysis shows drat even moderate trip reduction through application of these tools is sufficient to achieve a virtual net zero growth in vehicle trips with this new development. Por these TDM tools to be successful, an aggressive marketing campaign offering high quality alternative transportation services and a suong incentive program are essential. Monitoring the programs and resulting traffic volumes are key to continued success. This report presents numerous concept plans and a monitoring program to show their effectiveness. Highlights of the Club's planned TDM measures include: • Providing a regularly scheduled Aspen Club shuttle service to and from the Club. • Emergency ride home programs for employees, as needed, • Housing for Club employees on-site. • Car sharing by being a business member of the Aspen Car to Go program, providing a vehicle stationed on•site, • Bicycle sharing by providing bicycles available for employees and residents riding to town. • Negotiated rates for car rentals with local companies to accommodate longer trips for residents or employees. • Create incentive programs far Club members who walk, ride bikes or take shuttles to the facility. • Continue to work with local hotel partners in marketing the Aspen Club shuttle services. • Provide airport shuttle service for resident owners and guests to further reduce their need for personal vehicles while staying at the Aspen Club. The TDM program tailored specifically for this project can be expected to reduce the industry standard ITE vehicle trips generated from the unmitigated peak hour vehicle trip volumes of 96 AM and 127 PM hourly weekday volumes to 71 AM and 100 PM peak hour vehicle trips, essentially the same as current peak period volumes. 8/3/2009 Page 24 TDA Colorado Club Quality of Seruice With the TDM plan achieving the desired results -- no net change in peak period traffic volumes -- (to be confirmed by annual monitoring), there will be no noticeable change in traffic operation (level of service) at the key intersections leading to Ute Avenue by virtue of this project. Bike riders and pedestrians travelling along Ute Avenue will feel safer as planned speed humps installed at two locations will help achieve a more uniform 25 mph or less vehicle speeds. With the addition of residences, the Club site will have an urban village feel with interconnected walkways, trail connections, illumination, and around the clock ambient security and comfon amenities. The collective measures will achieve a perceptible one level increase in the quality of service for these travelers. Club shuttle service, augmenting current free RPTA service along Ute Avenue will provide a convenient alternative to auto trips for future residents/guests as well as Club members and staff. The quality of the transit experience is expected to advance from adequate to highly attractive. The Club's redevelopment plan includes a 10'•wide trail along the Ute Avenue frontage, connecting to the new Jewish Community Center site east of the Club. The Club and JCC have agreed to share in the capital cost of constructing the "missing link° of the Ute Avenue trail across the Benedict property west of the Club. When this link is completed there will be bike/ped trail continuity along the full extent of Ute Avenue from priginal Street to the JCC site. With this provision acting in concert with the amenities stated above, we anticipate ped/bike travelers will experience atwo-step level of service enhancement is relation to existing conditions. Taken together, the Club's development plan and TDM program make a clear statement of promoting achievable alternatives to private auto travel in the City of Aspen. 8/3!1009 Pag6 25 TDA Coloraoo Aspen Club Living APPENDIX A Glossary 8/3/1009 Page 26 TDA Colorado Aspen C(uG Living TraiTrc Impact Sfudy GLOSSARY AVO Average Vehicle Occupancy. The average number of people riding in a vehicle at ono time. Also referred to as ACO for Average Car Occupancy. Background Growth A general level of traffic increase not related to a specific site or project, It is usually expressed as an annual percentage rete of growth. Capacity The maximum number of vehicles that can be expected to Navel over a given section of roadway or a specific lane during a given time period under prevailing roadway and prevailing traffic conditions. CBD Central Business District. Design Day A design day is generally a busy day during the peak business season, but not the busiest. Selection of a design day is often used for determining parking needs and ttxffic volumes. A facility designed to serve the busiest day of the season would result in substantial excess capacity for all but a few days of the year, an unrealistic standard. The design day standard provides a balance: adequate capaciy for most days of the year with recognition that it may be exceeded on five to ten days per year. Design Year The year a development is scheduled to open. Headway The limo bepveen vehicles moving in the same direction. Often used to indicate the frequency of buses on a particular bus route. HOV High•Occupancy Vehicle, Level of Service (LOS) A measure of intersection or roadway operating quality ranging from LOS A (m{n(mal delay) to LOS F (long delay). Mode Split The percentage of persons in a group which choose to travel by one of a variety of different modal choices such as auto, pedestrian, transit, and others. Parking Generation The number of parking spaces occupied by one unit of measure (e.g., per employee, per apartment) sometimes calculated as parking generation rate in ITE's Parking Generation Manual Pass-By Trips In the case of a new development, particularly retail establishments; certain restaurants, banks, service stations, and convenience markets, (rips are atttacted from the passing traffic on adjacent sU•eets -that is, traffic already "passing by" the site. Thus, when forecasted trips based on standard trip generation rates or equations are distributed, some reduction is made to account for those hips. Peak Aour The hour of the day during which the heaviest volume of traffic occurs on a roadway. • Often there is an a.m. and p.m. peak hour. Practical Capauity Parking facilities are rarely completely full due to turnovet• and the difficulty in finding the few remaining open spaces. For example, for retail customers, practical capacity is sianoov Page 27 TDA Colorado Aspen C.htb llving Traffic /mpacl Stedy generally 85% of the supply. For office employees who are familiar whit a parking facility, practical capacity generally rises to 95%. Queue Area Stw•age space of a street or within a parking facility for vehicles entering or exiting. Shared Parking Parking space that can be used to service hvo or more individual land uses without conflict or encroachment. The opporluttity to implement shared parking is the result of two conditions: variation in the peak accumulation of parked vehicles as the result of diffet~ent activity pattern of adjacent or nearby land uses (by hour, by day, by season); relationships among land use activities that result in people's ath•action to t<vo or mote land uses on a single auto n•ip to a given area or development. Signal Phase That part of a traffic signal's time-cycle allocated to a traffic movement (e.g., left turns) or a combination of movements receiving lheright-of--way simultaneously. SOV Single Occupant Vehicle Traffic Warrants Criteria used to assess the necessity for traffic control devices (e,g. G'affic signal). Transportation Management TDM - Transportation Demand Management TMA -Transportation Management Association TMO -Transportation Management Ordinance TMP - Transportation Management Plan VMT -Vehicle Miles Traveled Trip A single orone-direction vehicle movement with either the origin or the destination (exiting or entering) inside a study site. Trip Assignment The assignment of vehicle n•!p volumes to the roadway tteAvork and the assignment ofsite-generated vehicle n•!p volumes to individual driveways/roadways of the development. Trtp Distribution The expected directional distribution ofsite-generated traffic on roadway links and intersections within the study area. Trip Ends One trip end is equal to one trrp. For trrp gener•atian purposes, total trip ends for a land use over a given period of time are the total of all trips entering plus all (rips exiting a site during that designated time. Trip Generation The number of trips generated by a developmont; sometimes calculated in h•!p ends, as in ITE's Trip Generation Manual. Generally, trips both to and from a development are counted. V/C Ratio Volume to capacrty ratio bettiveen the flow rate of vehicles and/or people to the capacry of a traffic facility. 4alicized ternrswithin n defrnition a•e separately defined elsewhere hr the glossary Sources: TDA inc., lTE. Urban Land Gulihne, High+vay Capacity Manna(, FT'A, APA. annoo9 Page z8 TDA Colorado MI crrr..eptun! Eners!a & hAecttanlcat ~~3reirf., Pten: Aspen Ciuh Aspen Club Living Conceptual Energy & Mechanical Systems Plan 1300 Ute Avenue Aspen, Colorado Resource Engineering Group, Inc. efficiency • wstainabllity • simplicity Report prepared by: Zack Gustafsors August Has2 P.E. Resowce Engineering Group, Inc. November 24, 2008 ~' Table of contents Section 1: Executive Summary Section 2: Conceptual System Description Section 3: Historical Data Breakdown Section 4: Energy Savings Plan Section 5: Final Development Energy Use Projections Section 1: Executive The total energy use of the entire 1300 Ute Avenue site afrer the Aspen Club Living (AtI.) development is complete will be equivalent to or less than the site's recent historic energy use. Summary: • Energy bills over the last three years average 18,600 million Btu/yr or 240 kBtu/sf yr for the existing 77,000 sf building. The high energy use per square foot of the existing site presents great opportunities for savings. • New development requires a complete HVAC retrofit for the existing building. Overall energy use for the existing building (including all site snowmelt) must be reduced to 15,900 million Btu/yr or less to meet the stated goal. The remaining 2,700 million Btu will be allocated to the planned 73,000 sf of additional residential space. • New development must be designed for 38 kBtu/sf yr or lower for fractional residential spaces and 34 kBtu/sf yr or lower for affordable housing spaces. • This energy goal is within reach. A 20% reduction in energy use of the existing site would free up enough energy annually to supply all new residential spaces on the site. The strategy for this reduction is addressed in Section 4. Page 1 ,--- Conceptual Energy & tvlecPoertFat ~tij~sYeia~ FEa?s~ :aspen i<•;u0 Section 2: Conceptual System Description Whole site systems: • AGround-Source Heat Pump (GSHP) loop field under patios and the parking structure will provide 100% of peak cooling and approximately 40% of peak heating for the entire site. The loop field will consist of approximately 150 boreholes, 200 ft deep and 15 ft apazt. • A campus-wide digital controls systems will allow advanced energy savings strategies, remote access and monitoring, and energy use analysis. The systems will also provide data for energy-use feedback to tenants. Aspen Club building: • Water-to-water and water-to-air GSHPs will provide space heating and cooling, pool heating, and domestic hot water (DHW). • A high efficiency condensing-modulating boiler array will provide an auxilliary heat source for peak heating events. • One or two lazger air handlers using hot water coils for heating and evaporative media for cooling will replace all of the existing air handlers in the main area of the existing building. • The lower level spa and massage rooms will be retrofitted with radian[ hydronic ceiling panels for heating and Energy Recovery Ventilators (ERVs) for ventilation. • New residential units in the Aspen Club building will have in-floor radiant tubing for heating and fan coil units for cooling. Water-to-water GSHP units connected to the central loop field will provide ho[ and cold water for heating and cooling. Individual GSHPs for each unit will allow for energy use sub-metering. •' Solaz thermal collectors were not included in this round of modeling but could provide heat for DHW requirements and offset pool energy use. Affordable housing units: • The new affordable housing units will have in-floor radiant tubing and water-to- water GSHPs attached to the central loop field for heating. Individual GSHPs per unit will allow sub-metering of [he living units. No cooling will be provided for these units. Town homes: New town homes will have in-floor radiant tubing for heating and fan coil units for cooling. Water-to-water GSHP units connected to [he central loop field will provide hot and cold water for heating and cooling. Individual GSHPs will allow for energy use sub-metering. Page 2 e y~~ ~y;irtCeptUri[ c'.n°Ygp 7 M@Ctianirai i~arHiti$ ~t2n: Gi..f:t5en C.IUh Section 3: Historical Energy Use Breakdown Tennis bubble heating 7% Pool Heating 9% The average annual energy consumption of the site based on utility bills from January 2006, to July 2008 is 18,600 million Btu/yr. We used several methods and strategies to split total energy consumption into the following areas: • Space heating and cooling: We created an Energy-10 model (an hourly analysis, w/Aspen weather data) based on building envelope, occupancy, and observed HVAC operation to estimate annual usage. • Lighting and plug loads: We used site observations to estimate lighting at 1.5 watts/sf installed and plug loads at 1.6 watts/sf installed. These peak loads were scheduled in the Energy-]0 model based on occupancy patterns. • DHW: Most of the heated water used on site is used for showers and laundry. We calculated annual DHW energy use from overall water use, trends in facility use and occupancy, and estimated end-use water temperature. • Pool heating: We created an Energy-10 model based on the existing pool envelope to approximate yearly use. The air-handler is not currently operational and was not modeled. All heating energy is provided by the pool and spa boilers. • Tennis babble: We created anEnergy-10 model to approximate yearly energy use. The mode] used the approximate dimensions of the bubble, an R-value of 1.7 for the material, a tempera[we set point of 50°F, and the observed nameplate input and output of the bubble's dedicated air handler (80% efficiency). • snowmelt: We modeled yearly energy use for snowmelt based on Aspen-Pitkin Energy Code calculations. We used the nameplate rating of the snowmelt boiler and assumed 621 hours per yeaz of runtime; 125 btu/h-sf energy use. snowmelt area was modeled at approximately 2500 sf. Page 3 Existing Site Energy Use 18,600 Million Btu/yr C.^.neep4uni Ef?erny ~ P,°, =e:i~. Ii==a15~~aitms pi;xn: hapes~ C[uG ~. Section 4: Energy Savings Plan Reductions to energy use in the existing Aspen Club will come from several different areas using a combination of different methods. Space heating & cooling: The breakdown of the existing zoooo energy bills shows an average energy use of 7,450 million .. 15000 Btu/yr of natttral gas and 797 ~ million Btu/yr of electricity to m 10000 heat and cool the existing `0 building. This represents 45% of the total use. Using the heating z soon system described in Section 3, our analysis shows a 6$% o ------• ~Savings ------- ^Space heating ~ cool(ng ,,,---- reduction in the energy required Total Site Existing Use Reduced Use for space heating resulting in Energy 5,625 million Btu/yr or 30% savings in total energy use for [he existing building, Cooling energy will increase slightly to meet cooling demands of the existing club. The increase is extremely small due to the use of primarily evaporative cooling. Lighting and ping loads: Existing crab t.tgnnng and Pmg t.oaae Energy use by lights and zogoo equipment totals 3,523 million =~~_ .. ; ~ s - - Btu/yr (1033 MWh/yr), or about t tsooo y ~ ~. _ _- _l~~N . -: 19% of total yearly energy use. ~ - This can be reduced as part of m 10000 ~~~ the renovation using lower `o_ ~; wattage lighting and control f 3e;4~ strategies that turn off lights and sooo F'~~~ equipment when they are not in s '. "' use. A 20% reduction in lighting o _ ~~' - and plug loads in the existing Totai site building results in 713 million Energy Btu/yr, or an additional 4% savings in overall energy use. ='All energy uses ....... ti5avings ........ „ ", - Lighting & plugs ............ ...7.ty. 3,523 2,810 Existing Use Reduced Use Page 4 Fxfcting Club Space Heating All energy uses t?:at F:;;orov it< E>GecEtaniceE Syaeonea'Ean: xv~zxets cEUb DEW' Existing Club Domestic Hot Water The energy spent heating water zoooo for domestic use represents 3,170 million Btu/yr or about ,, tsaoo 18% of the total site energy. The majority of this is for laundry ~ toooo and showers. Using GShIPs, we $ can reduce energy use by 50%, which results in a savings of £ sooo 1,670 million btus/yr or 9% of the overall energy use. Solaz o thermal panels were not Total Site Existing use Reduced use modeled, but could provide Energy additional energy savings. This technology would be especially appropriate given the year-round nature of DHW energy use in the club. Pool heating and ventilation: The development plan includes zoooo a major renovation to the pool facility. A new building ~ tsooo envelope and air handing ~ system will greatly increase m toooo indoor air quality and thermal eo comfort in the space, but will sooo result in a small increase in pool energy use. Solaz thermal panels were not modeled, but could o provide additional energy savings. Existing Club Pool Heating All energy uses m Pool heating Total Site Existing Use Incresed Use Energy Tennis bubble: Existing club Tennia gobble Discarding the tennis bubble zoooo and its heating system, as planned, represents a 7% t isooo savings. The bubble is a fairly simple structure with a m roooo straightforwazd heating system o and is easily modeled. Our s model predicts an average sooo energy use of ],224 million Btu/yr of natural gas and 103 ° million Btu/yr of electricity for Total site Existing Use Reduced Use fans and lighting. This is based Energy on the optimistic 809'o nameplate efficiency of the existing heating system, continuous conditioning to 50°F, and a generous R-1.7 insulation value for the skin of the bubble. Page 5 Cancep~uai ~nssl;~y it; t+>:ecnanicnE ~yst~:nta Pisn~ ~:apen Ciut~ Snowmelt: The proposed azea for snowmelt zoooo is 550% greater than the existing area, increasing the a`. tsooo energy used. We estimated the ~ increased use with calculations ~ loooo based on the Aspen-Pitkin ° Energy Code and historic s soon snowfall data for the Aspen area. o Exlst{ng Club Snowmelt Energy Savings Plan Summary: The above savings measures in addition to increased energy use for pool heating and snowmelt, yield a total energy savings of 6,370 million Btu/yr or 34yo over recent historic energy use. This represents enough energy to supply the planned new development as well as a cushion to absorb small changes in construction design, and allow for variability in energy use patterns of club guests and residential tenants. Projected Site Energy Use 18,600 Million Btu/yr Space heating & cooling 14% M Snawmelt 18% Tenr 0% Lighting & Plugs 15% Page 6 Total Site EpsBng Use Inveased Use Eneryy Pool Heating 10% Ca~raaePtur:I FEier::y 7s rdc~;han[c~t ~`ts.en~a P:c~~: A~t:en Cfuu Section 5: Final Development Energy Use Affordable housing 2% Townhomes 8% Club residentl~ units 3% The energy use of the affordable housing, town homes, and club residential units shown in the graph above aze based on Energy-l0 models developed from planned construction design. System design was modeled as outlined in Section 2. The town homes as modeled will require 39 kBtu/sf/yr. The club units will require 37 kBtu/sf/yr, and the affordable housing units will require 34 kBtu/sf/yr. These numbers will vary somewhat based on final construction details, lighting design, and occupant use patterns. Conclusion: Our analysis shows that the goal of adding 73,000 square feet of residential space while using the same or less annual site energy is achievable. We believe these results are conservative. Detailed calculations and modeling results are available for review upon request. The 21% overall savings shown above represents [he cushion to absorb differences between planned energy use and the actual future energy use of the site. Page 7 New Energy Use 18,600 Million Btu/yr or less 0 0 Ordinance 2, Series of 2010 Exhibit F Aspen Club Living Envisioned Programming May I1, 2010 Aspen Club Living will enable us to create a broad range of exceptional programming that will be available to members, Aspen locals, residence owners and weeklong visitors. Much of the programming will be available throughout the year, while some of the special programs below will be run only during certain weeks of the yeaz. As part of the new Aspen Club Living residences we will develop cutting edge healthy living programs. Below are examples of the types of programs we are planning to create over time at Aspen Club Living: Aspen Club Peak Performance Program Aspen is a town that is passionate about sports. Aspen Club Living will offer continual programs for members and non-members to work towazd their peak personal performance. The Aspen Club Peak Performance Program is the chance to take your game to the next level, whether you're a novice or professional athlete. With guidance from your own personal team of expert coaches, you'll sharpen the skills, abilities and mindset needed to improve all aspects of your performance. Whether you want to improve your skills, run faster, climb higher, bike harder, train more efficiently, enhance concentration, learn to relax or find your way to the perfect putt, our integrated professional team will coordinate efforts and expertise to boost your athletic performance. The basic Aspen Club Peak Performance Program will include these core elements as modules for specific performance areas: • Pre-program interviews with a program guide • Initial consult with a program guide • 50-minute Sports Medicine consultation • Laboratory testing • DEXA Body Composition V02 Min/Max • Metabolic testing • Two exercise physiology consultations (testing strength and flexibility) • Nutrition consultation • Two Performance Enhancement sessions • Final wrap-up session with a program guide Ordinance 2, Series 2010 Exhibit F, Programming Information Page 1 of 6 Ordinance 2, Series of 2010 Exhibit F The program will then be tailored to the goals of each participant with additional activities and services. The Peak Performance Program is an ongoing program that will build on our existing expertise in Sports Performance and experience in training world class athletes. Aspen Club Health Programs Though the Aspen Club Living project we will look to develop programs that delve into a specific health topic with a customized experience, lasting from one week to many years, that addresses your concerns and starts locals and visitors alike on their healthiest path. Aspen Club Living will offer continual programs for members and non-members to focus on specific issues affecting their health. Specific programs could include: Aspen Club Stress Management With our Aspen Life Stress Management program, you'll learn how to control your body's response to stress with a basic prevention evaluation, heart rate variability test, and behavioral health consultations. Aspen C-ub Weight Management Permanent weight loss and maintenance depend on following along-term plan. We can develop the best strategies for you. This program includes a comprehensive medical/nutrition weight-loss consultation, exercise for weight loss session and a behavioral health consultation. Aspen Club Executive Health Program Give yourself the best chance at a healthy future with an extensive, in-depth Aspen Life executive health program. Spend one-on-one time with top professionals at the Aspen Club, exploring all aspects of your well-being profile. You'll take away a full health assessment and practical strategies developed from an integrative perspective, including nutrition, fitness, lifestyle and preventive and considerations of heredity and preference. Aspen Club -Living with Diabetes Program Living with Diabetes can be a challenge. Let an experienced team of Aspen Club professionals work with you to unravel the mysteries of blood glucose levels, exercise and healthy eating. Learn how to effectively manage your diabetes and enhance your ability to live a healthy life. Aspen Club Iutegrative Medicine Program Ordinance 2, Series 2010 Exhibit F, Programming Information Page 2 of 6 Ordinance 2, Series of 2010 Exhibit F We will develop a comprehensive integrative medicine package that is ideal for people with multiple medical issues or symptoms or those who need more education on using this approach. You will meet with a physician and nutritionist who will offer recommendations and prepare a personalized integrated treatment plan. We envision that all of these programs would be run on a continual basis with certain weeks of the year scheduled for very specific seminars and retreats focusing in defined areas. Aspen Club Living - Coruorate/Professional Sports Team Retreats Currently the Aspen Club does a limited number of corporate retreats each year. We plan on growing this capability to create acorporate/professional sports team retreat program for local and national businesses that will energize, inspire and bring out the best in every participant. Aspen is an ideal setting for business meetings, strategic planning sessions, executive retreats and incentive vacations. Whether the goal is team-building or just taking time away from the harried workplace after a long season, this will be a relaxing health retreat environment that helps participants reach their personal and professional potential. Aspen Club Living can create an experience that each team will never forget including: Group Experiences. Teams will learn about themselves and one another in enlightening workshops and experiences while having access to world class restaurants and activities. Team-Building Adventures. Teams will get to know each other in different ways through outdoor activities including hiking, biking, rock climbing, white water rafting, skiing, snowshoeing and parasailing. Healthy Lifestyle Suggestions. Companies can encourage busy staff members or clients to take time for their health. Choices & Opportunities. Teams can explore various aspects of wellness and lifestyle through consultations with Aspen Club experts. Concentrate on relationships, productivity, wellness in the workplace, and more. High End Sports Training. Aspen Club Living -Life Enhancement ProHram Ordinance 2, Series 2010 Exhibit F, Programming Information Page 3 of 6 Ordinance 2, Series of 2010 Exhibit F We will look to develop programming where customers can immerse themselves in the exhilarating, all-healthy, change-your-life experience of the Aspen Club Living -Life Enhancement Program. This weeklong program will inspire and educate people about their astounding possibilities. Whether participants have a specific medical concern or just want to learn more about healthy living, they will find the perfect balance of physical activity, private time and workshops tailored to their interests. The Life Enhancement Program focuses on self-discovery, preventive and supportive care, and the development of positive lifestyle habits. This will be one of the core programs for our members and for residence owners. In addition, there will be special weeks and programs in which guests can explore a targeted wellness concern. They will have an invigorating, unforgettable experience and, most important, they'll learn how to keep that healthy feeling for life. The Life Enhancement Program is an organized, in-depth approach to healthy living - which means staying fit, having fun, finding balance and becoming more of the person you want to be. Participants in this program will enjoy a lively and engaging schedule including exercise, hands-on classes, workshops and group discussions. The schedule also gives participants flexibility to explore their personal interests as well as the magic of Aspen. Life Enhancement Program includes: • Classes, workshops, group discussions and fitness activities • Medical evaluation during the program and personal time with a physician to review results • Group exercise classes • Spa services • Nutritionally balanced gourmet meals each day • Use of all Aspen Club facilities Examples of envisioned programs include within Life Enhancement: Heart Health This weeklong program is for people who are at risk for heart disease or have had a heart attack can learn strategies for taking a more active role in prevention and recovery. Aspen Women's Retreat Ordinance 2, Series 2010 Exhibit F, Programming Information Page 4 of 6 Ordinance 2, Series of 2010 Exhibit F This weeklong program is developed for women in midlife and focuses on issues such as life balance, developing and enjoying a healthy lifestyle, understanding your body's changes and dealing with unexpected challenges. Thriving with Arthritis This weeklong program is focused on helping people with arthritis, fibromyalgia, osteoporosis, and lupus enjoy a more active lifestyle through a combination of exercise, nutrition and stress management. Optimal Aging This weeklong program explores how to live better longer with the right combination of diet, exercise and stress management. Ongoine Workshops, Retreats and Seminars We will hold an azray of weeklong workshops for yoga, Pilates, meditation, cancer survivors, biking, hiking, skiing, snowboazding, orienteering, mountaineering, etc. The new residences provide a residential base to develop destination programs focusing on a myriad of health and lifestyle opportunities. These programs will be open to our members and the general public. The Aspen Club is an ideal setting for these types of retreats. Similaz to our focus of creating a community with our residence owners, we envision these programs creating a devoted community of followers who come back annually to Aspen and their newfound friends. Ordinance 2, Series 2010 Exhibit F, Programming Information Page 5 of 6 Ordinance 2, Series of 2010 Exhibit F Aspen Club Living Outdoor Programming The Aspen Club currently has one space for outdoor classes such as Yoga, Pilates and Tai Chi and an outdoor deck For events and parties. With the remodel of the Aspen Club we aze looking to expand from two azeas to three azeas for outdoor programming. Given the short summer season and cold mornings deep into the spring and starting in the early fall, the realistic season for summer programming is short -roughly three months. In the current Club configuration, we are plazming three very different outdoor azeas. The first outdoor space planned into the remodeled Club is an upgraded deck for events and parties. This will be similar to the current outdoor deck, with a lower and upper azea and will allow us to have fun gatherings with up to 200 people in a beautiful outside setting. It is directly connected to the Club and will allow easy access for our members and guests. The second space will be a multipurpose outdoor exercise area on a rooftop garden over the existing entrance to the Club. This space will allow us to do outdoor exercise classes, such as body pump and aerobics, and outdoor personal training and its proximity to the building will allow for plenty of storage of fitness equipment. Finally we aze planning a neat Yoga, Pilates and Tai Chi azea in a secluded spot between units 6 and 7. The location of this space will allow the Yoga, Pilates and Tai Chi classes to be conducted away from the Club and connect to the outdoors, especially the river. One of the things we have found, especially with Yoga and Pilates classes, is that participants like a sense of privacy while they are practicing. Getting in and out of certain poses can be difficult and awkwazd and having the outdoor Yoga and Pilates area slightly secluded and away from foot traffic, yet connected back to the river creates a very appealing location. The three spaces give us plenty of flexibility to offer exciting outdoor programming in the summer and given all of the other outdoor activities available right from the Club, such as the Northstaz Preserve and the Ute Trail, we don't envision the need for further outdoor spaces on site. In the primary alternative configuration, for the Club, the rooftop garden and the deck for events will remain in their existing locations. The Yoga, Pilates and Tai Chi classes will move to an area between the pathway to the Club and unit 6. The exercise area will be approximately the same size as the requirements for the space do not change. It will be on the path to the Club. This location is a less functional as it is not as private and will not be the secluded environment that participants in Yoga and Pilates want. The area between the path and unit 5 will be landscaped with trees and shrubs. The weather will be beautiful and we're taking summer fitness outdoors! You will absolutely love exercising at these beautiful locations! We invite you to enjoy the beauty of nature, nurture your spirit, indulge all your senses, breathe in the fresh air, become enveloped by the gently filtered sunlight through the trees, and listen to the soothing sounds of the Roaring Fork River. We hope you'll join us outdoors at the Aspen Club throughout the summer. Ordinance 2, Series 2010 Exhibit F, Programming Information Page 6 of 6 Sunday, January 17, zuqu • Aspen limes Weekly r UUijt, I wulyc Z. i ORDINANCE N0. 2, Section 4: Dimanslan Rwulremanl (SERIES OF 2010) The approved dimensional requirements are based off the following standardization: all front yard setbacks are the south side of the lots, all the rear yard setbacks are on the north side of the lots, and all side yard' setbacks are the east and west sides of the lots. AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING FINAL SPECIALLY PLANNED AREA (SPA), FINAL . PLANNED UNIT DEVELOPMENT (PUD), FINAL TIMESHARE, MULTI-YEAR GROWTH MANAGEMENT REVIEW, REZONING, RR Dimensional Requirement -. Proposed Dimensional Requirements for subdWldetl Iota AND SUBDIVISION FOR THE DEVELOPMENT OF SUB -GRADE PARKING, TWENTY TIMESHARE UNITS, REDESIGNED COM- MERCIAL SPACE, AND TWELVE AFFORDABLE HOUSING UNITS FOR THE PROPERTY LOCATED AT 1950 CRYSTAL LAKE Minimum Lot Size Lot 1: 124.661 sq. X. ROAD (THE ASPEN CLUB) CITY OF ASPEN, PITKIN COUNTY, COLORADO. Lot 2: N/A Lot 3: 10,812 sq. X. Parcel ID: 2737- 18132 -019 Lot 4: 26,110 sq. X. WHEREAS, on September 17, 2007, the Community Development Department received an application from Aspen Club and Spa, Wt 5: 9,355 sq. X. LLC, represented by Sunny Vann W Vann Associates, LLC requesting approval of conceptual commercial design review, conceptual approval for a Specially Planned Area (SPA), Planned Unit Development (PUD), and Timeshare, to develop a sub -grade garage, Minimum Lot Area per dwelling unit N/A nineteen (19) timeshare units and twelve (12) affordable housing units, and to redesign existing commercial spaces; and, Minimum Lot Width Lot 1: 277 Feat WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department roc- Lot 2: N/A ammended the Applicant amend the proposal to batter comply with the requirements of a Specially Planned Area (SPA), a Planned Lot 3: 135 Feet Unit Development (PUD), Conceptual Timeshare, and the Commercial Design Standards; and, Lot 4: 266 Feet Lot 5: 95 Feet WHEREAS, the Applicant amended the application to include twenty (20) timeshare units and amended the site plan for the May 6, 3008 Planning and Zoning hearing; and, Minimum Front Yard Setback Lot 1: 30 feet above grade, 5 feet below grade WHEREAS, during a dui noticed public hearing on May 6, 2008, continued from February 5. 2008, February 19, 2008, March 4, Lot 2: N/A Y" Lot 3. 10 feet =our March 2008, April 1, Planning and Zoning en d No. 9, Cs of cpe a Lot 4: 0 teat =our r to One ne (4 4 -1) vote, , approving approvivi ng g Cononcepptual l Commercial Design Reviw, gn Review, a recommending recommennding ing the the Aspen City Council l approve ve a Lot 5: 7.5 feet 3nceptual PUD, Conceptual SPA, Conceptual Timeshare; and, WHEREAS, during a duly noticed public hearing an July 14, 2008, the City Council approved Resolution No. 65, Series of 2008, by a Minimum Side Yard Setback (East Side) Lot 1: 0 feet above and below grade =our to One (4 -1) vote, approving Conceptual PUD, Conceptual SPA, Conceptual Timeshare; and, Lot 2: N/A Lot 3: 10 feet VHEREAS, on May 4. 2009, the Community Development Department received an application from Aspen Club and Spa, LLC, Lot 4: 20 feet epresented by Sunny Vann of Vann Associates, LLG requesting approval of final Specially Planned Area (SPA), final Planned Unit )evelopment (PUD), final Timeshare, Stream Margin, Affordable Housing Growth Management Allotments, Multi -Year Growth Man- gement Lodge Allotments, Rezoning, and Subdivision, to develop a sub -grade garage, twenty (20) timeshare units and twelve (12) Minimum Side Yard Setback (West Side) Lot 1: 60 feet above grade for building. 20 feet above grade for Ifordable housing units, and to redesign existing commercial spaces; arid, garage access stair, 5 feet below grade Lott: WA VHEREAS, during a duly noticed public hearing on October 20, 2009, continued from September 29, 2009, and to October 6, 2009, Lot 3: 20 feet re Planning and Zoning Commission approved Resolution No. 15, Series of 2009, by a four to two (4 - 2) vote, approving Stream Lot 4: 5 feet %argin Review and twelve (12) Affordable Housing Growth Management Allotments, and recommended the Aspen City Council Lot 5: 0 feet ,pprove a Final PUD, Final SPA, Final Timeshare, Rezoning, one - hundred and twenty-four (124) Mufti -Near Lodge Growth Manage - vent Allotments (112 Allotments from 2009 and 12 Allotments from 2010), and Subdivision; and, Lit 1: 100 feet (15 feet from Top of Slope) VHEREAS, in response to concerns by the Planning and Zoning Commission and the Community Development Department the Minimum Rear Yard Setback Lot 2: WA ■ppticant provided a letter dated December 16, 2009 indicating that there is an "inextricable connection between the continued op. Lot 3: 10 feet [ration of the Aspen Club & Spa facility and the proposed Aspen Club Living Condominiums" (the fractional units) and that She Club Lot 4: 10 feet -- )wner will not have the ability to shut down the Club operation or to substantially change the use of the Club Building without the Lot 5: 10 feet express consent and approval of the City of Aspen and at a minimum, the Association on behalf of the Fractional Owners,' and; Maximum Height Townhouse VHEREAS, pursuant to Section 26.310, the City Council may approve a Rezoning, during a duly noticed public hearing after To dd Roofs Units ots 3 & 4 ) (Units 4 28 feet :onsidebng a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the Flat Roofs (Units 2 -5, 8 -13): 28 feet Ieneral public, a recommendation from Me Community Development Director, and recommendations from relevant referral agencies; Club Units (Lot 2): 28 feet Intl, Affordable Housing Units (Lot 5): 28 feet with the following exceptions: NHEREAS, pursuant to Section 26440, the City Council may approve a Final SPA, during a duly noticed public hearing after Unit 11, Northwest Comer 32 teat : onsidering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the Unit 12, Northwest Corner: 41 feet general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; Unit 12, Southwest Comer: 31.25 feet and, Aspen Club Building (Lot 1): 28 feet WHEREAS, pursuant to Section 26.445, the City Council may approve a Final PUD, during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duty noticed public hearing, comments from the Minimum % Open space WA general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and Allowable Floor Area Total FAR: .55:1 Total: 94,750 sq. X. WHEREAS, pursuant to Section 26.470, the City Council may approve Multi -Near Growth Management Allotments. during a duty Multi-family (affordable housing units): 12,390 sq. X. noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed pudic Lodge: 50,490 sq. X. (Townhouse Units: 34,410 sq. X,; Club hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations Units: 16,080 sq. ft.) from relevant referral agencies; and, Commercial (Club): 31,870 sq. X. WHEREAS, pursuant to Section 26.480, the City Council may approve a Subdivision, during a duly noticed public hearing after Minimum OH -Street Parking 132 spaces total: considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the Lodge: 20 spaces general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; Aspen Club and Spa: 95 spaces (60 spaces on Lot 1; 35 m spaces ,T Lots 14A & 14W) and, AH units: 17 spaces WHEREAS, pursuant to Section 26.590, the City Council may approve a Final Timeshare, during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies: S RaclerlMtbn and, The Agreement shall include a provision for reclamation. Such reclamation provision shall provide Mat the security to be posted WHEREAS, during a duty noticed public hearing on February 8, 2010, the City Council approved Ordinance No. 2, Series 012010, by pursuant to the StA includes an amount equal to 110% of the estimated cost to reclaim the stte(atanyunenclosedphaseofcon- a to _ (_ -J vote, approving Final SPA, Final PUD, Final Timeshare, 124 Multi-Year Growth Management Lodge Pillow ttruction) and that such amount may be reduced as the then-estimated cost of reclamation decreases. Specifically, such provision Allotments, Rezoning, and Subdivision; and, of The Agreement shall provide that in the event after demolition of the building and before the new project is enclosed (a roof and • walls) construction work shall cease ter a period of 6 months or longer ( "work stoppage ") and such work stoppage is not a result of WHEREAS, the Aspen Gity Council has reviewed and considered the development proposal under the applicable provisions of the forces beyond Applicant's control (Force Majeure), then the City may draw on the reclamation portion of the security provided with Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, The Agreement in order to improve the project to an enclosed condition or to a level and safe condition. The amount of the security he Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public shall be the minimum amount necessary to leaving: and, (I) enclose any above ground improvements, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that 00 remove any above ground improvements and/or he approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community (iii) fill the protest up to ground level with compacted fill materials and cover the surface with grass or bricks if 'Ian: and the construction project has not reached ground level at the time of work stoppage. WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health. safety, and The amount required for reclamation security shall be reasonably estimated in writing by the general contractor on the project. The Nell are. City Engineer shall determine the amount of the reclamation amount based on the estimate provided by the general contractor and shalt determine the amount to be returned as the project progresses. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: eel' 6: Pre -Ca10 ct °n Meeting n The Applicant shall conduct a pre- construction meeting with the City Community Development Staff prior to submittal for a building io 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves a Final permit application. This meeting shall include the general contractor, the architect producing the construction drawings, Specially Planned Area (SPA), Final Planned Unit Development (PUD), Final Timeshare, Rezoning, one - hundred and twenty-four live of the Building Department, a representative of the Engineering Department, and the Community Development Depadrnent'a (124) Multi-Near Lodge Growth Management Allotments [one - hundred and twelve (112) from the 2009 Growth Management Year case planner. and twelve (12) from the 2010 Growth Management Year], and Subdivision, subject 1° the following conditions. Seelb i T Cam i I Dea'an Review Se 2: Subdivision/POD/SPA PIN and Agreement The Applicant shall submit an application for final Commercial Design Review within one (1) year of the date of final SPA/PUD ap- The Applicant shall record a Subdivision/PUD /SPA agreement (herein after "The Agreement') that meets the requirements of Land proval. The Applicant is required to receive final Commercial Design Review poor to submission of a building permit. Use Code within 180 days of City Council approval. The 180 days shall commence upon the granting of Final Commercial Design Review approval by the Planning and Zoning Commission. Additionally, a final PUD /SPA/Subdivision Plan shall be recorded in the Sepd 8' B 'ld' Penrhk A II MI Pitkin County Clerk and Recorders Office within 180 days of the final Commercial Design Approval and shall include the following: The Applicant shall meet all adopted building codes and requirements when the building pemilt is submitted. Accessible routes to any public rgMOf -way and accessible parking Spaces will be required. The proposed project will be subject to the Use Tax on building a. A final plat meeting the requirements of the City Engineer and showing: easements, encroachment materials. The proposed project will be required to comply with all Efficient Building Programs in place at brae of building permit agreements and licenses (with reception numbers) for physical improvements, and location of utility submittal. Pryor to building permit submittal the architect of record must determine the type of construction for the existing structure pedestals. and the allowable area for building and addition based on the type of construction and modifications. Geologic Survey for their review on the geologic hazards to the site. This information shall be provided as part of the building permit submittal. Section 17' FxMdor Lldhting All exterior lighting shell meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 28.575.150, The construction management plan shall address construction white the Club remains open, and shall address how all construction Outdoor lighting. No lighting shhall be permitted in the stream margin area (fifteen (15) foot setback area from top of elope) or in any activities will not impact all trees that are remaining on the site. Aspen Club Trail access or use for any construction activities is area below the top of slope line (toward the dyer) unless It is in the exact location of the existing lighting and requires no additional prohibited at all times; this includes but is not limited to truck tragic, foot traffic, storage or materials. disturbence to the stream margin area. This shall be verified at eme of building permit subMbel. Section 10: Ute Trail Improvements Senlon 18: TranamdattQB The applicant will agree to contribute to the completion of the Ute Trail based on the Review Standards for Development in a SPA. The applicant shall comply with all aspects of the Transportation Demand Management (TDM) plan attached to this Ordinance This contribution will occur no later than 60 days notice of the commencement date/notice to proceed of the Trail's construction as (Exhibit A). The TDM Plan shall be recorded as part of The Agreement. provided by the City of Aspen. The applicant has agreed upon a conbibufon in the amount of $70,000 to be adjusted annually ac- cording to the Consumer Price Index (C.P.I.) The applicant may update the traffic counts and TDM Plan prior to building permit submittal. This shall be conducted after working with the Transportation, Community Development, Engineering, and Environmental Health Departments to ensure compliance with Prior to both the contribution and the building permit issuance the applicant will need to provide the City of Aspen a Bond or Letter all approvals. Any changes to the TDM plan based on updated traffic counts must be reviewed and approved by the Transportation, of Credit in the amount of $70.000. This bond will be released once the contribution is received. I the conububon is not made as Engineering. Environmental Health, and Community Development Departments. described above the bond or letter of credit will be executed by the City of Aspen' The Applicant shall conduct a meeting to review the Transportation Demand Management Plan with the City Community Develop $9cgon 11: UM Ave Improvements ment Staff prior to submittal for a building permit application. This meeting shall include the applicant, a representative of the Trans- The applicant agrees to improve the Cul de sac at Ute Ave to accommodate a 100 foot diameter while maintaining the center Island. podatlon Department, a representative of the Engineering Department, a representative of the Environmental Health Department, Sheet of plans dated shows conceptually how this will be achieved. and the Community Development Department's case planner. The applicant agrees to install two speed tables along Ute avenue. One at the trail crossing and the other location to be approved by Any updat ed traffic counts shall take place in the 1st two weeks of March and the 1st two weeks of August. the City Engineer. The final design of the speed tables must be approved by the City Engineer. Section 19' P ka The applicant shall provide a cost estimate as approved by the City Engineer and provide financial assurances for all public improve- Building permit plansshall include a detailed plan submitted for stream margin protection and stability of the hillside above the trail. monfe The The detailed ailed plan shall Identify the location of fen The and erosion control along the hillside. The City can provide e cation if needed: minimum requirements include a sit fence and straw bales placed in a manner preventing erosion and protect ct the specifications river from Beeson 12: Affordable Housing residual run -off, All of these detailed at the 15' set back from top of slope. The Applicant shall provide twelve (12) on -site affordable housing units. Three (3) units of B50 sq. N. of net livable area shall be deed restricted to a Category 2, five (5) units of 950 sq. It of net livable area shall be deed restricted to a Category 3. and four (4) units of Building permit plans shall include a detailed plan submitted for Construction staging. This plan shall detail how Me construction will 950 sq. fl. of net livable area shall be deed restricted to a Category 4. The Applicant shall record a deed restriction on each of the take place with staging, storage of materials and locations of vehicles so that trees remaining on site will not be impacted and remain twelve (12) affordable housing units in conjunction with filing a condominium plat for the property and prior to issuance of a Certificate protected, of Occupancy (CO) on the affordable housing units. The Certgicate of Occupancy for the affordable housing units shall be issued prior to or at the same time as the proposed timeshare units. 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 The affordable housing units shall be owned and managed by the Aspen Club and Spa. More detailed information regarding the materials, storage of construction backfll, storage of equipment, foot or vehicle traffic allowed within me drip line of any tree on site. management and maintenance of the units shall be provided to APCHA with the proposed deed restriction prior to CO. There should be a location and standard for this fencing denoted on the plan. 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 An approved tree pert is required before submission of the building permit set. Proper spacing and a detailed legend for new plant - units shall be rented through APCHA's normal advertising process. At no time shall the tenancy of the units during a lease prided be ings and plantings around existing trees shall be reviewed by the Parks Department at building permit submittal. This legend shell tied to continued employment by the owner. Tenant leases, however, may be terminated for cause or at the end of the lease period include species name. upon termination of employment. Building Permit Plans shall detail the material and width of the footpath proposed within the stream margin area. This footpath shall Each tenant in the rental units shall be required to be requalilied by APCHA on a yearly basis. be installed with hand excavation tools only and set around all trees to remain on site. The utilittes 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 The owner shall convey an undivided 1 /10th of 1% ownership interest in the lot on which the units are situated to APCHA. The trail shall not be used for or provide access for any construction actMties. This includes but is not limited to truck traffic, foot traffic, APCHA ownership interest shall be in perpetuity or until such time as the units are converted to ownership units, or the statutory storage or materials. restriction on rent control units s eliminated. Aspen Club Trail access or use for any construction activities s prohibited at all times. This includes but is not limited to truck traffic, The deed restriction shall allow the units to become ownership units at such time as the owner (the Aspen Club and Spa) elects foot traffic, storage or materials. to condominlumize and sell the units, or at such time as APCHA detemdnes one or more units are found to be out of compliance with APCHA Guidelines 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 Applicant wit be subject to the Parks Development Impact Fee in place at the time of Buckling Permit submittal. the units, the unite 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 to effect at the time of recordation of the deed restriction plus appreciation calculated at three Basd_W 20' P rkl percent (3 %) per annum or the Consumer Price Index (simple appreciation not compounded), whichever is leas, as of the fisting date No parking 5 approved for Ute Ave or to the cul -de -sac, of the units. If the units are being sold due to noncompliance, all of the units shall be sold through the tottery system. If the owner elects to sell the units, the owner may choose 1/3rd of the initial buyers provided they quality under APCHA's top pdorly for the unit. Bastion 21' School Lands Dedication The Applicant will be subject to the School Lands Dedication cash-in -lieu in place at the time of Building Permit submittal. 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 sepa- Section 22: Vested Rights_ rate from the fractional ownership unit's association. The development approvals granted pursuant to Planning and Zoning Commission and Resolution 15, Series of 2009 and herein shall be vested for a period of three (3) years from the date of issuance of the Development Order. In the event the rental units are required to become ownership units due to noncompliance, APCHA or the CM may elect to purchase them for rental to qualified tenants in accordance with APCHA Guidelines. No later than fourteen (14) days following the final approval of all requisite reviews necessary to obtain a Development Order as set forth in this ordinance, the CM Clerk shell cause to be published In a newspaper of general circulation within the jurisdictional Salon 19: Fire Mitigatlp9 boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Notice is hereby given to the general public of the approval of a vested property right, pursuant to the Land Use Code of the CM of The applicant shall provide an overall access plan for the site with the building permit submittal. The subgrede garage shall have Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described properly: 1450 Crystal Lake Road., adequate fire access. This shall be reviewed and approved by the Fire Marshall. City of Aspen. CO, by Ordinance No. 2 Series of 2010, of the Aspen City Council. The proposed lawn pavers shall be engineered to support we truck loads. Sion 23 ' All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein Fire sprinklers and alarms are required and shall be included in the project, including in all structures. awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or CM Council. are hereby incorporated in such plan development approvals and the same shall be complied with as N fully sot forth heron, unless Seel. 14' Pub& W ka amended by an aumodzed entity. 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 Ciry of Aspen Water Depart- Son 24' ment. Utility placement and design shall meet adopted City of Aspen standards. Each of the units within the building shall have This ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending individual water meters. under or by virtue of the ordinances repealed or emended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Nothing from the 1976 PUD water rights agreement may change as pad of this current project. Seotlon 25' The recorded plat shall provide adequate easements for all utility tines. This shall be reviewed by the Engineering and Water Depart- N any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a mans prior to recordation. court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not effect the validity of the remaining portions thereof. The project will demonstrate the delivery of fire flows adequate to satisfy Aspen Fire Protection Disrct standards for a Type IIIB Commercial Building. This may be satisfied by an analysis acceptable to the Aspen Water Department which demonstrates system The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the offence of the Pitkin County delivery capabilities of the existing water distribution system at the Ute Avenue side of the project of 3,000 gallons per minute. Clerk and Recorder. $ egtidn 15: Sanitation District Reouirements Section 26: Since there is an existing Aspen Consolidated Sanitation Disintcl owned and maintained main sanitary sewer line currently running A public hearing on this ordinance shall be held on the 8th day of February, 2010, at a meeting of the Aspen City Council commons- through the proposed development, the proposed relocation of this main ACSD sanitary sewer line must be approved by the Disthcts ing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a consulting engineer and board of directors prior to the district committing to serve this application. The disidcl will require a written public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. verification from the applicant that the revised sanitary sewer service for the Silver Lining Ranch .5 acceptable to the current owners of the Silver Lining Ranch property. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 11th day of January, 2010. Since it is apparent at this level of approval that the district's main sanitary sewer lines wit be modified to serve the new proposed de- velopment, a line relocation request and collection system agreement are required Both are ACSD Board of Directors action items. New easements will be required for the sanitary relocation according to standard district tom,. Additional access and maintenance Attest: easements may be required depending on the final sanitary sewer utility plans. Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the DisWCt office. Segtinn 16: Environmental Heats 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 protec- tion/enclosures for the trash and recycle area is required. Published in the Aspen Times January 17. 2010. The Applicant will be subject to the TDM/Air Quality Impact Fee in place at the time of Building Permit submittal. ORDINANCE NO. Z Section 4: Dimensional ReQ (SERIES OF 2010) The approved dimensional requirements are based off the following standardization: all front yard setbacks are the south side of the lots, all the rear yard setbacks are on the north side of the lots, and all side yard setbacks are the east and west sides of the lots. AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING FINAL SPECIALLY PLANNED AREA (SPA), FINAL PLANNED UNIT DEVtc - _.'(070), FINAL TIMESHARE, MOLT{ -YEAR GROWTH MANAGEMENT REVIEW, REZONING, AND SUBDIVISION FOR THE DEVELOPMENT OF SUB -GRADE PARKING, TWENTY TIMESHARE UNITS, REDESIGNED COM- RR Dimensional Requirement Proposed Dimensional Requirements tor subdivided lob MERCIAL SPACE, AND TWELVE AFFORDABLE HOUSING UNITS FOR THE PROPERTY LOCATED AT 1450 CRYSTAL LAKE Mini Lot S Lot 1: 124661 sq. X. ROAD (THE ASPEN CLUB) CITY OF ASPEN, PITKIN COUNTY, COLORADO. Lot 2: N/A Lot 3: 10,812 sq. ft. Parcel ID: 2737 181 - - 019 Lot 4: 26,110 sq. X. WHEREAS, on September 17, 2007, the Community Development Department received an application from Aspen Club and Spa, Lot 5: 9,355 sq. X. LLC, represented by Sunny Vann of Vann Associates, LLC requesting approval of conceptual commercial design review, conceptual approval for a Specially Planned Area (SPA), Planned Unit Development (PUD), and Timeshare. to develop a sub -grade garage, Minimum Lot Area per dwelling unit WA nineteen (19) timeshare units and twelve (12) affordable housing unis,tnd to redesign existing commercial spaces; and, Minimum Lot Width Lot 1: 277 Feet WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department roc- Lot 2: WA ommended the Applicant amend Ole proposal to better comply with the requirements of a Specialty Planned Area (SPA), a Planned Lot 3: 135 Feet Unit Development (PUD), Conceptual Timeshare, and the Commercial Design Standards; and, Lot 4: 286 Feet Lot 5: 95 Feet WHEREAS, the Applicant amended the application to include twenty (20) timeshare units and amended the site plan for the May 6, 2008 Planning and Zoning healing; art, Minimum Front Vard Setback Lot 1: 30 feet above grade, 5 feet below grade WHEREAS, during a duly noticed public hearing on May 6, 2008, continued from February 5, 2008, February 19, 2008, March 4, Lot 2: WA 9 Lot 3: 10 feet 2008, March 18, 2008, and April 1. 2008, the Planning and Zoning Commission approved Resolution No. 9, Series of 2008, by a Lot 4: 0 feet Four to One (4 -1) vote, approving Conceptual Commercial Design Review, and recommending the Aspen City Council approve a Lot 5: 7.5 feet Conceptual PUD, Conceptual SPA, Conceptual Timeshare; and WHEREAS, during a duly noticed public hearing on July 14, 2008, the City Council approved Resolution No. 65, Sedes of 2008, by a Minimum Side Vard Setback (East Side) Lot t 0 feet above and below grade Four to One (4 -1) vote, approving Conceptual PUD, Conceptual SPA, Conceptual Timeshare; and, Lot 2; WA Lot 3: 10 feet WHEREAS, on May 4, 2009, the Community Development Department received an application from Aspen Club and Spa, LLC, Lot 4: 20 feet 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 Mlobments, Multi-Year Growth Man- agement Lodge Allotments, Rezoning. and Subdivision, to develop a sub -grade garage, twenty (20) timeshare units and twelve (12) Minimum Side Vard Setback (West Side) Lot 1: 60 feet above grade for building, 20 feet above grade for affordable housing units, and to redesign existing commercial spaces; and, garage access stair, 5 feet below grade Lot 2: N/A WHEREAS, during a duly noticed public hearing on October 20, 2009, continued from September 29, 2009, and to October 6, 2009, Lot 3: 20 feet the Planning and Zoning Commission approved Resolution No. 15, Series of 2009, by a four to two (4 - 2) vote, approving Stream Lot 4: 5 feet Margin Review and twelve (12) Affordable Housing Growth Management Allotments, and recommended the Aspen City Council Lot 5: 0 feet approve a Final PUD, Final SPA, Final Timeshare, Rezoning, one - hundred and Twenty-four (124) Multi-Year Lodge Growth Manage- ment Allotments (112 Alloments from 2009 and 12 Allotments from 2010). and Subdivision; and, Lot 1: 100 feet (15 feat from Top of Slope) WHEREAS, In response to concerns by the Planning and Zoning Commission and the Community Development Depadment the Minimum Rear Vard Setback Lot 2: N/A Applicant provided a letter dated December 16, 2009 indicating that there is an "inextricable connection between the continued op- Lot 3: 10 feat oration of the Aspen Club & Spa facility and the proposed Aspen Club Living Condominiums" (the tractional units) and that the Club Lot 4: 10 feet Owner will not have the ability to shut down the Club operation or t0 substantially change the use of the Club Building without the Lot 5: 10 feet express consent and approval of he City of Aspen and, at a minimum, the Association on behalf of the Fractional Owners," and; Maximum Height Townhouse Units (Lots 3 & 4) WHEREAS, pursuant to Section 26.310, the City Council may approve a Rezoning, during a duly noticed public hearing after Pitched Roofs (sorts 1, T, 14): 26 teat considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the Flat Roofs (Units 2 -5, 8'13): 28 general public, a recommendation from the Community Development Directoq and recommendations from relevant referral agencies; Club Units (Lot 2): 28 feet and, Affordable Housing Units (Lot 5): 28 feet with the following exceptions: WHEREAS, pursuant to Section 26.440, the City Council may approve a Final SPA, during a duly noticed public heaing after Unit 11, Northwest Comer: 32 feet considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, conenis from the m Unit 12, Northwest Corner 41 feet general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; Unit 12, Southwest Comer: 31.25 feet and. Aspen Club Building (Lot 1): 26 feet WHEREAS, pursuant to Section 26.445, the City Council may approve a Final PUD, during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the Minimum % Open Space WA general public. a recommendation from the Community Development Director, and recommendations from relevant referral agencies: and Allowable Floor Area Total FAR: .55:1 Total: 94,750 sq. X. WHEREAS, pursuant to Section 26.470, the City Council may approve Multi -Year Growth Management Allotments, during a duly Multi -family ( affordable housing units): 12,390 sq. ff. noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public Lodge: 50,490 sq. ft. (Townhouse Units: 34,410 sq. 5.; Club hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations Units: 16,080 sq. 5.) from relevant referral agendas; and, Commercial (Club): 31,870 sq. X. WHEREAS, pursuant to Section 26.480, the City Council may approve a Subdivision. during a duly noticed public hearing after Minimum Off- Street Parking 132 spaces total: considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing. comments from the Lodge: 20 spaces general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; Aspen Club and Spa; 95 spaces (60 spaces on Lot 1; 35 and, spaces on Lots 14A & 14W) Alt units: 17 spaces WHEREAS, pursuant to Section 26.590. the City Council may approve a Final Timeshare, during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duty noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; Sxylon S fleclemeTOn and, The Agreement shall include a provision for reclamation. Such reclamation provision shall provide that the security to be posited WHEREAS, during a duly noticed public hearing on February 8, 2010, the City Council approved Ordinance No. 2, Series of 2010, by pursuant to the SIA includes an amount equal to 110% of the estimated cost to reclaim the site(atanyunencloaedphaseofcon- a to ( - vote, approving Final SPA, Final PUD, Final Timeshare, 124 Multi -Year Growth Management Lodge Pillow struction) and that such amount may be reduced as the then- estimated cost of reclamation decreases. Specifically, such provisions Allotments, Rezoning, and Subdivision; and, of The Agreement shall provide that in the event after demolition of the building and before the new project is enclosed (a roof and walls) construction work shall cease for a period of 6 months or longer (wotk stoppage') and such work stoppage is not a result of WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the forces beyond Applicant's control (Force Majeure), then the City may draw on the reclamation podion of the security provided with Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, The Agreement in order to improve the project to an enclosed condition or to a level and safe condition. The amount of the security the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public shall be the minimum amount necessary to hearing; and, 0) enclose any above ground improvements, WHEREAS, the City Council finds that the Development proposal meets or exceeds all applicable development standards and that (a) remove any above ground improvements and/or the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community (iii) fill the project up to ground level with compacted fill materials and cover the surface with grass or bricks it Plan; and, the construction project has not reached ground level at the time of work stoppage. WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public heath, satey, and The amount required for reclamation security shall be reasonably estimated in writing by the general contractor on the project. The welfare. City Engineer shall determine the amount of the reclamation amount based on the estimate provided by the general contractor and shall determine th0 amount to be returned as the project progresses. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: ' Section 6: Pre- ConsWrtion Meeting ion 1 : The Applicant shall conduct a pre - construction meeting with the City Community Development Staff prior to submittal for a building Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves a Final permit application. This meeting shall include the general contractor, the architect producing Ole construction drawings. a representa- Specially Planned Area (SPA), Final Planned Unit Development (PUD), Final Timeshare, Rezoning, one - hundred and twenty -bur live of the Building Department, a representative of the Engineering Department, and the Community Development Department's (124) Multi -Year Lodge Growth Management Allotments [one - hundred and twelve (112) from the 2009 Growth Management Year case planner. and twelve (12) from the 2010 Growth Management Year], and Subdivision, subject to the following conditions. ger:tirem T Commercial Design_RW_LEE Section 2: Subdivisinn/PI ID/SPA Plat and Agreement The Applicant shall submit an application for final Commercial Design Review within one (1) year of the date of final SPA/PUD ap- The Applicant shall record a SubdivisioiPUD /SPA agreement (herein after 'The Agreement') that meets the requirements of Land prove!. The Applicant is required to receive final Commercial Design Review prior to submission of a building permit. Use Code within 180 days of City Council approval. The 180 days shall commence upon the granting of Final Commercial Design Section e' Buflding P Aoolicat'on Review approval by the Planning and Zoning Commission, Additionally, a final PUD /SPNSubdMsion Plan shall be recorded in the The Applicant lids!l meet all adopted building modes and requirements when the building permit is submitted. Accessible routes to any Pitkin County Clerk and Recorder's Office within 180 days of the final Commercial Design Approval and shall include the following: public right -of -way and accessible parking spaces will be required. The proposed project will be subject to the Use Tax on building a. A final plat meeting the requirements of the City Engineer and showing: easements, encroachment materials. The proposed project will be required to comply with all Efficient Building Programs in place et time of building pemmit agreements and licenses (with reception numbers) for physical improvements, and location of utility submittal. Prior to building permit submittal the architect of record must determine the type of construction for the existing structure pedestals. and the allowable area for building and addition based on the type of construction and modifications. b. An illustrative site plan of the project showing the proposed improvements, parking, and dimensional The building permit applicator shall include the following: requirements as approved. A detailed landscaping plan. d A drawing representing the project's ercbitecluml character, including building elevations a , A copy of the final City Council Ordinance and P&Z Resolution. e. A final grading and drainage plan meeting an requirements of the City Engineer. b . A copy of the final Commercial Design Review approval A final utility and public facilities plan. c. The conditions of approval printed on the cover page of the building permit set. d. A means of egress plan. The Applicant shall condominiumize the timeshare units after substantial completion of the project. The condominium plat(s) shall e . An overall access plan for the site. be reviewed administratively. The Agreement shall require recordation of a condominium plat prior t0 issuance of a Certificate of i . If the Club is intending t0 operate while under construction, a plan to maintain exits and separation from Occupancy. construction activity will be required. g. The TDM Plan and the Traffic Study on which its based SerIlon 3: Timeshare Documents h, A detailed Lighting Plan The Applicant shall record a Timeshare Disclosure Statement and Development Instruments concurrently with the Condominium Plat i. A plan showing protection of the stream margin area and the stability of the hillside above the trail and Declaration. The documents shall meet all requirements outlined in section 26.590 of the Land Use Code. Sect ion 9' E neerin gin g The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and ex- cavation standards published by the Engineering Department. The Applicant shall be subject to the Stormwater System Development Fee. The final drainage plan shall meet all Engineering Department standards. The application shall be referred to the Colorado . Geologic Survey for their review on the geologic hazards to the site. I ms intonation shall be provided as part of the building permit submittal. $ssgon 11: Eatedsr LlaMino All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, The construction management plan shall address construction while the Club remains open, and shall address how all construction Outdoor lighting. No lighting shall be permitted in the stream margin area (fifteen (15) foot setback area from top of slope) or in any activities will not impact all trees that are remaining on the site. Aspen Club Trail access or use for any construction activities is area below the top of elope line (toward the river) unless it is in the exact location of the existing M . . . wires no additional prohibited at all times; this Includes but is not limited to truck traffic, foot traffic, storage or materials. disturbance to the stream margin area. This shall be verified at time of builtling permit submittal. O Section 10: lite Trail Improvements Section 18' Transportation The applicant will agree to contribute to the completion of the Ute Trail based on the Review Standards for Development In a SPA. The applicant shall comply with all aspects W the Transportaban Demand Management (TDM) plan attached to this Ordinance This contribution will occur no later than 60 days notice of the commencement date/notice to proceed of the Trail's construction as (Exhibit A). The TOM Plan shall be recorded as pan of The Agreement. provided by the City W Aspen. The applicant has agreed upon a contribution in the amount of $70,000 to be adjusted annually ac- cording to the Consumer Price Index (CPA.) The applicant may update the traffic counts and TDM Plan prior to building permit submittal. This shall be conducted after working with the Transportation, Community Development, Engineering, and Environmental Health Departments to ensure compliance with Prior to both Me contribution and the building permit issuance the applicant will need to provide the City of Aspen a Bond or Letter all approvals. Any changes to the TDM plan based on updated traffic counts must be reviewed and approved by the Transportation, of Credit in the amount of $70,000. This bond will be released once the contribution is received. If Me contribution is not made as Engineering, Environmental Heats, and Community Development Departments. described above the bond or letter of credit will be executed by the City of Aspen" Smctim 11: Dte Ave Improvements The Applicant shall conduct a meeting to review the Transportation Demand Management Plan with the Ciry Community Deveep- nrent Staff prior to submittal for a building permit application. This meeting shell include the applicant, a representative of the Trans- The applicant agrees to improve the CuI de sac at Ute Ave to accommodate a 100 toot diameter while maintaining the center island. portation Department, a representative of the Engineering Deparbnent, a representative of the Environmental Health Department, Sheet of plans dated shows conceptually how this will be achieved and the Community Development Department's case planner. The applicant agrees to install two speed tables along Ute avenue. One at the trail crossing and the other location to be approved by Any updated traffic counts shall take place in the 1st two weeks of March and the 1st two weeks of August. the City Engineer. The final design of the speed tables must be approved by the City Engineer. Banton per nt Pe The aplicant shall provide a cost estimate as approved by The City Engineer Engineer and provide financial assurances for all palate improve- Bulging plans shall include a detailed plan submitted for stream margin protection and stability of the hillside above the trail. The detailed plan shall Identity the location of silt fencing and erosion control along the hillside. The City can provide specifications if Section 12: Affordable Housing needed: minimum requirements include a silt fence and straw bales placed in a manner preventing erosion and protect the river from Applicant shall provide twelve (12) on- residual run -off. All of these detailed at the 15' set back from top of slope. The A l>D p ( 1 s to affordable housing units. Three (3) units of 850 sq. ft. of net livable area shall be deed restricted to a Category 2, five (5) units of 950 aq. ft. of net livable area shall be deed restrictd to a Category 3, and four (4) units of Building permit plans shall include a detailed plan submitted for Constructionstaging. This plan shell detail how the construction will 350 sq. ft. of net livable area shall be deed restricted to a Category F gory 4. The Applicant hit record r place with staging, storage of materials and locations of vehicles so at tress remaining on see will not be impacted and remain :we've (12) affordable housing until in conjunction with filing a condominium plat for the property y and prior to issuance he orb a CenifMale on each of the take cotected. O N Occupancy the (CO) on the affordable housing units. The Certificate of t Occupancy for the affordable houssing g o restriction units nits shall be issued nior to or at the same lime as the proposed fimeshare units. Building permit plans shell Include a detailed plan submitted for Tree Protection. Tree protection fences must be in place and The affordable housin units shall be owned and inspected by the city forester or hisher designee before any construction activities are to commence. No excavation, storage of 9 mane ged by the Aspen Club and Spa. More detailed information regarding the materials, storage of construction backlit!, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on site. management and maintenance of the units shall be provided to APCHA with the proposed deed restriction prior to CO. There should be a location and standard for this fencing denoted on the plan. The owner shall have the right to rent the units to qualified employees of the Club. If the owner cannot provde a qualified tenant, the An approved tree permit is required before submission of the building permit set. Proper spacing and a detailed legend for new plant - inits shall be rented through APCHA's nom)) advertising process. At no time shall the tenancy of the units during a lease period be inge and plantings around existing trees shell be reviewed by the Parks Department at building pemlit submittal. This legend shall had to continued employment by the owner. Tenant leases, however, may be terminated for cause or at the end of the lease period include species name. upon termination of employment. Building Permit Plans shall detail the material and width of the footpath proposed within the stream margin area. This footpath shall Each tenant in the rental units shall be required to be requalified by APCHA on a yearly basis. be installed with hand excavator, tools only and set around all trees to remain on site. The utiliti es located under the trail should be developed and installed with junction boxes so fulurs repairs can be accomplished without the need to excavate the new trail. This The owner shall convey an undivided 1/10th of 1% ownership interest in the lot on which the units are situated to APCHA. The trail shall not be used for or provide access for any construction activities. This includes but is not limited to truck traffic, foot traffic, \PCHA ownership interest shall be in perpetuity or uMHI such time as the units are convened to ownership units, or the statutory storage or materials. estriction on rent control units is eliminated. Aspen Club Trail access or use for any construction activities is prohibited at all times. This includes but is not limited to puck traffic, The deed restriction shall allow the units to become ownership units at such time as the owner (the Aspen Club and Spa) elects foot traffic, storage or materials. o condominiumize and sell the units, or at such time as APCHA determines one or more units are found to be out of compliance vith APCHA Guidelines 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 Applicant will be subject to the Parks Development Impact Fee in place at the time of Building Permit submittal. he units, the units shall be listed for sale with APCHA at the categories specified in the deed restriction. The sales price shall be rs stated in the APCHA Guidelines in effect at the time of recordation of the deed restriction plus appreciation calculated at three Section 2m Perkins )ercent (3 %) per annum or the Consumer Price Index (simple appreciation not compounded), whichever is less, as of the listing date No parking Is approved for Ute Ave or in the cul -de -sac. 1 the units. 11 the units are being sold due to noncompliance, all of the units shall be sold through the lottery system. If the owner _ ?eras to sell the units, the owner may choose 1/3rd of the initial buyers provided they quality under APCHA's top priority for the unit. Section 21: School Lands Iediratl n The Applicant will be subject to the School Lands Dedication cash -in -lieu in place at the time of Building Permit submittal. I the owner elects to sell the units, or they are required to be sold due to noncompliance, owner shall condominiumize the units and orn a condominium association for the management and maintenance thereof. The affordable housing association shall be sepa- Section 22: Vested RMhts ate from the fractional ownership unit's association. The development approvals granted pursuant to Planning and Zoning Commission and Resolution 15, Series of 2009 and herein shall be vested for a period of three (3) years from the date of issuance of the Development Order. n the event the rental units are required to become ownership units due to noncompliance, APCHA of the City may elect to purchase hem for rental to qualified tenants in accordance with APCHA Guidelines. No later than fourteen (14) days following the final approval of all requisite reviews necessary to obtain a Development Order as set forth in this ordinance, the City Clerk shall cause to he published in a newspaper of general circulation within the jurisdictional tact on 18 Flre Migaetbn boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation VI codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code of a vested property right pursuant to this Title. Such notice shall be substantially in the following torn: IFC). 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Notice is hereby given to the general public of the approval of a vested property right, pursuant to the Land Use Code of the City of the applicant shall provide an overall access plan for the site with the building permit submittal. The subgrade garage shall have Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described properly: 1450 Crystal Lake Road., adequate fire access. This shall be reviewed and approved by the Fire Marshall. City of Aspen, CO, by Ordinance No. 2 Series of 2010, of the Aspen City Council. he proposed lawn pavers shall be engineered to support fire truck loads. yation y3. All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein ire sprinklers and alarms are required and shall be included in the project, including in all structures. awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are Action 14: Public. Works hereby incorporated in such plan development approvals and the same shall be complied with as if fully set fodh herein, unless amended by an authorized entity. he Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Depart- archon 24: lent. Utility placement and design shall meet adopted City of Aspen standards. Each of the units within the building shall have This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending ldividual water maters. 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. Jothing from the 1976 PUD water debts agreement may change as pan of this current project. S e c tl nn a rho recorded plat shall provide adequate easements for all utility Tines. This shall be reviewed by the Engineering and Water Depart- If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a penis prior to retardation. court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. The protect will demonstrate the delivery of fire flows adequate to satiety Aspen Fire Protection Distncl standards for a Type IIIB mmerdal Building. This may be satisfied by an analysis acceptable to the Aspen Water Department which demonstrates system The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the P?kln County Jelivery capabilities of the existing water distribution system at the Ute Avenue side of the project of 3,000 gallons per minute. Clerk and Recorder. py $e eti o,15: Sanitation District Rwniremente Section 26: Since there is an existing Aspen Consolidated Sanitation District owned and maintained main sanitary sewer line currently running A public hearing on this ordinance shall be held on the 8th day of February, 2010, at a meeting of the Aspen City Council commenc- through the proposed development, the proposed relocation of this main ACSD sanitary sewer line must be approved by the District's ing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a consulting engineer and board of directors prior to the district commuting to serve this application. The district will require a written public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. 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 . INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 11th a Since it is day of January, 2010. pp r o this ever a approval that the district's ne e sanitary a sewer tines will be ACSD t serve of Director's new proposed de- velw ed a line relocation request and collection ta relocation system agreement are required. d. BctM1 form. ACSD ona a of access action items. New easements m will e q ir euided end the on the ts according weutility to 3 plans. d district form. Additional appe59 antl maintenance Attest: easements may be required depending on the final sanitary sewer utility pens. Kathryn 5. Koch, City Clerk Michael C. Ireland, Mayor Service is contingent upon compliance with Me District's rules, regulations, and specifications, which are on file at the District office. Section 16: 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 requirement, noise abatement and pool designs. The Applicant must meet all applicable requirements associated with the new pool. Wildlife protec- :ion/enclosures for the trash and recycle area is required. Published in the Aspen Times January 17, 2010. The Applicant will be subject to the TDM/Air Quality Impact Fee in place at the time of Building Permlt submittal. Advertisers- Anytime a person offers to send you more than the cost of what you are selling, please check it out first. I , 1, Typical Scenario: �� The "buyer" wants to buy what.you are selling sight unseen and offers to send you more than what you are asking to cover the cost of shipping an Mien some. They ask you to send back the difference with the item. You find out 2 weeks later that the check or money order they sent is bogus. You are out the item and extra money You sent to them! Tips: St-04n / 1 - Keep it local (most ails through the Newspaper are local and screened) �' A f �ie (`� - If in doubt, call classifieds! 866-850-9937 for email classifieds @cmnm.orgl J twr¢ owww _ F QZOZw>rw _2 OQ oU 2 -OZ`Lz wO a - £ "uwaww Oavi3Oaa =v p ayz2Owwt wn T glr E aP FQ� as 2 -. x • Ne QLLJa ¢2 2UF 22y o=ez.11906`°a5 1 3 zOoiOLLLL~ZNOUZf7Q a fl C 2 F 2 .�0 >i <LL <J .� -A2_�z>aya¢e,Wa=0WZ O 42 c . D _ J za n o af a c. dO V u Q °' Qaa Ew' $ °O L� zJO - w a r x o ` >w 8R c G. ¢z -1 1-w w i' a w i „_0 >? ti5 « iw 2 odo_ yy � zO &w o wFI- OLL¢ao� ot o =a kz d 'a aOdo2¢r Oaa¢u otti r o a ? 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