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Home My WebLink AboutLand Use Case.1450 Crystal Lake Rd.0051.2012.ASLU0051.2012.ASLU 1450 CRYSTAL LAKE ROAD INSUBSTANTIAL PUD & SPA AMENDMENT 2737 18 1 32 019 I ... L ' I -,.I:li 1 dic AP-kir 7 THE CITY OF ASPEN FlLE 1 OF 3 City of Aspen Community Development Department CASE NUMBER 0051.2012.ASLU PARCEL ID NUMBERS 273718132019 PROJECTS ADDRESS 1450 CRYSTAL LAKE ROAD PLANNER JESSICA GARROW CASE DESCRIPTION ASPEN CLUB & SPA AMENDMENT REPRESENTATIVE SUNNY VANN DATE OF FINAL ACTION 6.30.14 CLOSED BY ANGELA SCOREY ON: 7.2.14 NOTICE OF APPROVAL FOR PUD AMENDMENT AND SPA AMENDMENT FOR LOT 15, CALLAHAN PUD & SUBDIVISION, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO, 1450 CRYSTAL LAKE ROAD, PARCEL ID 2737-181-32-019 APPLICANT: Aspen Club & Spa, LLC REPRESENTATIVE: Sunny Vann, Vann Associates SUBJECT & SITE OF AMENDMENT: PUD and SPA Amendment for Lot 15 Callahan PUD & Subdivision, commonly known as The Aspen Club, located at 1450 Crystal Lake Rd, involving the addition of six (6) lodge allotments and one (1) lodge unit. The applicant is requesting a SPA Amendment, pursuant to Land Use Code Section 26.440.090(A), and a PUD Amendment, pursuant to I.and Use Code Section 26.445.100(A). SUMMARY: The Applicant requests six (6) lodge pillow allotments in order to add three (3) new bedrooms and one (1) new unit to the timeshare approval previously granted in 2012. The site plan does not change and there are no external changes or new building proposed. The proposed bedrooms are a result of internal reconfigurations. A number of PUD Amendments have been made to the Callahan Subdivision since the original approval, the most recent of which was the PUD amendment approved in 2010 (Ordinance 2, Series of 2010). This approval was for a redevelopment on the property of: 20 timeshare units, 12 2-bedroom affordable housing units, and a reconfigured recreation club (the Aspen Club). A total of 132 parking spaces are approved for the development - 35 spaces across the river on lots 14A & 14W and 97 on the Club parcel (Lot 15-A). After receiving all the final approvals, the Applicant began working on construction drawings and perfecting the interior compilation of space. Based on some refinements, the Applicant was able to reconfigure the space to create three new lodge bedrooms - one in a new unit, and converting two approved 2-bedroom units into 3-bedroom units. This change required 6 additional lodge pillow allotments (each bedroom requires 2 lodge pillow allotments). The applicant received the required Growth Management Allotments from the Planning and Zoning Commission on September 9, 2012 via Resolution 16, Series of 2012. With this change, the project will have a total of 21 timeshare lodge units. It is important to note that the proposed new unit will not be developed at the same time as the original 20 units. It is intended to be used as the timeshare sales office, as allowed in the original approval. When all the timeshare units are sold, the applicant plans on converting that space into the new lodge unit. RECEPTION#: 596102, 01/14/2013 at 08:39:46 AM, pg. lof 6 1 OF 2, R $16.00 Doc Code APPROVAL Janice K. Vos Caudill, Pitkin County, CO . STAFF EVALUATION: Staff finds that the request meets the requirements of Administrative PUD and SPA Amendments. The required allotments were approved by the P&Z, and the proposal represents a minimal change to the original PUD/SPA Approval. The proposal has no impact on the exterior design of the Aspen Club. It will require an additional parking space, which is a condition o f the approval. DECISION: The Community Development Director finds the proposed PUD and SPA Amendment as noted above and in Exhibit 'B' is consistent with the review criteria (Exhibit A) and thereby, APPROVES the exemption as specified below. The approved SPA/PUD Amendment allows for the addition of 6 lodge pillows through converting two (2) 2-bedroom units to two (2) 3-bedroom units, and adding a 1-bedroom unit for a total of 21 approved units and 130 lodge pillows. The applicant shall include an additional parking space on the final plat, or in a subsequent PUD Amendment, for a total of 133 parking spaces. The new space is required because of the additional lodge unit. APP1}f)VED BY: 1 1, 1 2,4 70 lg, Chris Bendon Datof Community Development Director Attachments: Exhibit A - Review Standards (not recorded) Exhibit B - Approved Plans (recorded) pg. 2of 6 Exhibit A Review Criteria and Staff Findings 26.445.100. Amendment of PUD development order. Sec. 26.440.090.Amendment to development order. (SPA) Note: Review criteria for Insubstantial SPA and PUD Amendments are the same, so one set of review criteria is included below to satisfy both requirements. A. Insubstantial Amendments. An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. The proposed change is consistent with the previously approved uses. The proposal does not change the exterior of the project, and deals with internal changes only. Staff.finds the proposal is consistent with the use and character of the development approval and finds this criterion is met. 2. An increase by greater than three percent (3%) in the overall coverage of structures on the land. No exterior changes are proposed and no additional structures -will cover the land. Stafffinds this criterion is met. 3. Any amendment that substantially increases trip generation rates of the proposed development or the demand for public facilities. The applicant, as part of the original approval, committed to a net zero increase in trips as a result of the project. That condition remains in effect. Therefore, the proposed change will not impact trip numbers. Stafffinds this criterion is met. 4. A reduction by greater than three percent (3%) of the approved open space. No exterior changes are proposed and no changes to the open space will occur. Staff finds this criterion is met. 5. A reduction by greater than one percent (1%) of the off-street parking and loading space. No parking is being eliminated by this proposal. The addition of one ne-w lodge unit requires the applicant to provide one additional parking space, bringing the total parking spaces to 133 (21 total spaces for the lodge use, and a total of 98 spaces on the Club parcel) 6. A reduction in required pavement widths or rights-of-way for streets and easements. No exterior changes are proposed and no changes to the pavement -widths or rights- ofway will occur. Staff finds this criterion is met. pg. 3 of 6 7. An increase of greater than two percent (2%) in the approved gross leasable floor area of commercial buildings. No new gross leasable space is proposed. Stafffinds this criterion is met. 8. An increase by greater than one percent (1%) in the approved residential density of the development. No new residential units are proposed. Stafffinds this criterion is met. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. The proposed 6 new lodge pillows are consistent with the approved project. Staff,finds this criterion is met. pg. 4of 6 A EXHIBIT r- 1 ipl 4) 6941 L U UU .....a. lottl Â¢2,1-~ " in _1-_3 ~ [~i~ W ,.l119-n -1191-1 Â¥ 1124 1 1 U ~- 11-21)'[Â£,prle,f.J- Ul IN - 1 ~1 ' C.2 11 .. i III QI Â» 1 1 Il,9860 1 22965' .1,3 1 Lril? 1; ([11][7 - w i _u ~0 ini 1-~%O 4.0.- u - LUZÂ¢ 7=1 1 L 08 Â©I llp LEI Â¥ =Â· W.-0- 4-1 .- - P'*mo Er 1 [--3 4 11% 41 "Illba * 1[. 0 1 1 - l -- ~ I [313 _ 4 III /\ L -1 (E 3, - 4 -1 F 1 I-] E- __Â° L * Lua~ alÂ« 60 i Â· - 0 1 1 ~nkt'itrgut--1 n Etzililf UNIT 19 UNIT 20 UNIT 21 13BED (jeE. (SALES OF:/ $Â·Ui~]RE STUDIO) 1 Prof e ASPEN CLUB LIVING Aspen, CO Enlarged Floor Plans - Main Level Club Units AMENDED PUD / SPA APPLICATION 10 6 1'-7 0.-44 .'22â€ž. â€¢t 815.12 224ibil S ,-2% 81 -PF-1 4 Z 1 ~ 2 -4, -2 Ell -21[.' 11 11 -h51[2 0- --4 Ii I - LIli 'EM [ IrXiC,w' liLli 1~=== ~ UNIT 18 2*1-,1 01 138ED - F "- -1---' -1~4 41--0 3 -25 11 1117-1 9 1.-0 1---1 I I . i Il -jill 1 li #14---.1 _4Itl L] i 7 L.-3-7 r - - - ~ W 1-UL[il L r 4-Q-U- 1 V i ~-_me,~2[54% c-3--Â·to -6-Â»i VERLET- I~~L~,ZEJ~b-~1~&%~ilkÂ»~ B*=Â¥ 8....1 F 01 -, 11 p iuG-rj u L -2, n J . .....2 W ~ lOU] 1 7# :1 14.0(14) 1 9 1 F - 111 12-111 - , 0* r.24219 F] LE ted. li 1'14-1 1 244: [+11 HIATÂ« 12-11 2390+3 4=1 - 82 282 0 Â»6 (77 â‚¬ 31) m ull,-7 -8- ID // - (hil[ ty'b ~ 7 - 1=yllu_ful 8-4 1 UNIT 17 UNIT 16 UNIT 15 ./ (38ED) (38. 8 9-of e ASPEN CLUB LIVING poss Aspen, CO O UL_171 Enlarged Floor Plans - Upper Level Club Units AMENDEDPUD/SPAAPPLICATION 11 C = 1 0' 0/:â€ž'#Mt.J.... 8.1// 1 1 R PTION#: 592664, 09/28/2012 at 03:05:53 PM, 1 OF 3, R $21.00 Doc Code RESOLUTIOA Janice K. Vos Caudill, Pitkin County, CO RESOLUTION NO. 164 (SERIES OF 2012) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING SIX (6) LODGE PILLOW ALLOTMENTS FOR THE PROPERTY LOCATED AT 1450 CRYSTAL LAKE ROAD (THE ASPEN CLUB), LEGALLY DESCRIBED AS LOT 15 OF CALLAHAN SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-181-32-019 WHEREAS, the Community Development Department received an application from Aspen Club and Spa, LLC, represented by Sunny Vann of Vann Associates, LLC requesting six (6) lodge pillow allotments to add three lodge bedrooms to the Aspen Club Timeshare project; and, WHEREAS, the Applicant received Conceptual Commercial Design Review from the Planning and Zoning Commission on April 1,2008 via Resolution 9, Series of 2008; and, WHEREAS, the Applicant received final Specially Planned Area (SPA), final Planned Unit Development (PUD), final Timeshare, Stream Margin, Affordable Housing Growth Management Allotments, Multi-Year Growth Management Lodge Allotments, Rezoning, and Subdivision, to develop a sub-grade garage, twenty (20) timeshare units and twelve (12) affordable housing units, and to redesign existing commercial spaces, from the Aspen City Council on June 1, 2010 via Ordinance 2, Series of 2010; and, WIIEREAS, the Applicant received Final Commercial Design Review from the Planning and Zoning Commission on September 6, 2011 via Resolution 17, Series of 2011 ; and, WHEREAS, the Applicant requests approval by the Planning and Zoning Commission for Lodging and Affordable Housing Growth Management Reviews; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the application; and, WHEREAS, during a duly noticed public hearing on Septembet 18, 2012, the Planning and Zoning Commission approved Resolution No. 16, Series of 2012, by a five to two (5 - 2) vote, approving Lodging and Affordable Housing Growth Management Reviews; and, WHEREAS, the Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards; and, Resolution No 16, Series 2012 ' Page 1 of 3 WHEREAS, the Planning and Zoning Cornmission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves six (6) lodge allotments through its lodge development Growth Management Review, and approves the Aspen Club to utilize the previously approved affordable housing units as mitigation through its affordable housing Growth Management Review, The project is approved to consist of 21 timeshare lodge units, 14 located in "townhome units" and 7 located in the Aspen Club building ("club units"). This approval converts two 2-bedroom "club units" to 3-bedroom units, and allows the applicant to build a seventh "club studio unit." The seventh unit is approved to be utilized as sales space for the timeshare units, as permitted in Ordinance 10, Series of 2012, but may be converted to a timeshare lodge unit in the future, Section 2: All conditions outlined in City Council Ordinance 10, Series of 2011 and Planning & Zoning Commission Resolution 17, Series of 2011 remain valid and in effect. Section 3: The affordable housing commitment made by the applicant represents a voluntary negotiated agreement between the applicant, the City and APCHA which has been proposed by the applicant as a public benefit in connection with the Aspen Club development approved by Ordinance No. 2 (Series 2010), and as amended. Owner and APCHA stipulate and agree that, in accordance with CRS 38-12-301(1)(a) and (b), the deed restriction that shall be recorded prior to Certificate of Occupancy constitutes a voluntary agreement and the deed restriction limits the rent on the property and is subject hereto and is to otherwise provide affordable housing stock. Owner waives any right it may have to claim that the deed restriction will violate CRS 38-12-301. Section 4: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Resolution No 16, Series 2012 Page 2 of 3 Section 6: If any section, subsection, sentence, clause, phrase, or portion ofthis Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof, APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 18th day of September, 2012. APPROVED AS TO FORM: PLANNING AND ZONING COMMI*ION: ty 1 4 Or,/An , v Deb Quinn, Special Counsel LJ .~amer, Chair ATTEST: Vckie Lothian, Deputy City Clerk Resolution No 16, Series 2012 Page 3 of 3 PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertain- ing to the following described property: 1450 Crys tai Lake Road. Parcel ID 2737-181-32-019, by Af- tordable Housing Growth Management Review and Lodge Growth Management Review, approved by the Planning and Zoning Commission in Resolu- tion 16, Series of 2012 and Insubstantial PUD and SPA Amendments approved administratively. The Applicant received approval for an additional 6 lodge pillows for the previously approved timeÂ· share project. The approval results in 3 bedrooms, with a total of 6 pillows, and one new unit. For fur- ther information contact Jessica Garrow, at the City of Aspen Community Development Dept. 130 S. Gatena St, Aspen, Colorado (970) 429-2780. s/' City of Aspen Published in the Aspen Times WeeR/y on Septem- ber 27,2012, [8423480] r 1Â£95 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: -h~L r->t k f?Bial , Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) I, ,*vih~ 9-' Sca-â‚¬4 (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: \,000'~ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official Paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. 4/5 Signature The foregoing "Affidavit of Notice" was acknowledged before me this 27 day of 'Se~ \r , 201& by .ArÂ«*fÂ« 16*=*- WITNESS MY HAND AND OFFICIAL SEAL * CA!~y- ref~,ov# 6 Mypommission expires: 5,-~4- 30 LL< < LINDA M. i 1 MANNING i 4462 Â«0.. Notary Public oF 1336' ##-116303 My Commission Expires 03/29/2014 ATTACHMENTS: COPY OF THE PUBLICATION PUBLIC NOTICE RE: 1450 CRYSTAL LAKE DRIVE - GROWTH MANAGEMENT REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, September 18, 2012, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the Aspen Club and Spa, LLC, for the property located at 1450 Crystal Lake Road (commonly known as the Aspen Club and Spa), represented by Vann Associates, LLC. The applicant is requesting 6 lodge pillow allotments and the following development approvals: GMQS Review for Lodging allotments, and GMQS review for Affordable Housing. The property is legally described as Lot 15, Callahan Subdivision, City of Aspen, Pitkin County, Colorado. For further information, contact Jessica Garrow at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2780, jessieag@ci.aspen.co.us. s/ LJ Erspamer, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on August 30, 2012 City of Aspen Account GRAN DÂ· JU N CUOP,1 GO B 1 1:2 .4 4 1111,1. OP,1 111, ME hor 4 COMMUNITY DEVELOPMENT DEPARTMENT 1,44 11â€ž Mit{4 14,41( 11.1.1 0 ' 4.1 .- 130 SOUTH GALENA STREET ASPEN, CO 81611 justice FOREVER REESE JOHN W 257 EASTWOOD DR ASPEN, CO 81611 NIKI E Due. .' m .1 00 09/07/12 0 0, +7 7 4 PETURN 30 bE!'.t/Ch ATTEMPTED + NOT KNOWN UNABLE 10 FORWARD BC: 81611190230 *2079-04589-01-43 81 5 1 1 14.461 4 @1 907 111 :!.11'litlit!,!111â€¢â€ž ilitillit|:,!!Mie,lilittli.11..1 it .i.j 20JZ 4044(64 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: I Lkclo C-~2791741 LAILE- tb/2-102 , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 47gf [EPI lagr. 1 / ,2012- STATE OF COLORADO ) ) SS. County of Pitkin ) Â£ 3441!LI a.b/L) A. KA-<AR> Â»-1 (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: J Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy ofthe publication is attached hereto. ~ Posting of notice: By posting of notice, which form was obtained from the j Community Development Department, which was made of suitable, waterprooi materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 20 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the o-wners and governmental agencies so noticed is attached hereto. (Continued on next page) Rezoning or text amendment: Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision o f this Title, or whenever the text o f this Title is to be amended, whether such revision be made by repeal o f this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. 3*441 R tb.,<41 /1 . 1 1 x A . 422 4.k /Siguatute 1-_.3 The foregoing "Affidavit o f Notice" was agknowledged before me thi< of ~92:- , 201& by (51 NAt'-~p kte ab ae'l PUBLIC_NOTICE AE: 1450 CRYSTAL LAKE DRIVE -GROWTH MANAGEMENT REVIEW NOTICE IS HEREBY GIVEN that a public hearing WITNESS MY HAND AND OFFICIAL SEAL will be held on Tuesday, September 18,2012, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the My commission expires: Cf'61 tle Aspen Club and Spa, LLC, for the property located at 1450 Crystal L*e Road (commonly known as the Aspen Club Wid Spa), represented by Vann Associates, LLC, The applicant is requesting 6 lodge pillow allotilents and the following develop- l912* Rud P#tedluu - ment approvals: MMQS Review for Lodging allot- ments, and GM* review for Affordable Housing. Notary Public The property is Vally described as Lot 15, Callah- an Subdivision, City of Aspen, Pitkin County, Colo- rado. For further information, contact Jessica Garrow at the City of Aspen Community Develop- ment Department, 130 S. Galena St., Aspen, CO, (970) 429.2780, jessicag@ci.aspen.co.us. s/ LJ Erspamer, Chair Aspen Planning and Zoning Commission Published in the Aspen Times Weekly on August 30,2012 [8324557] ATTACHMENTS AS APPLICABLE: * COPY OF THE PUBLICATION * PHOTOGRAPH OF THE POSTED NOTICE (SIGN) * LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAIL * APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE A~D~~~~:~r PROPERTY: <21915rAL- 6416 PeAM - i . , Aspen, CO SCHEDULED BUBLIC HEARING DATE: 9/ la , 20â‚¬f STATE OF COLORADO ) ) SS. County of Pitkin ) 1, Â«234*/ 994*/ (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. V~ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the /~ay of 46*7~20/4 to and including the date and time of the public hearing. A photograph ofthe posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet ofthe property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. /PM Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) '0~~. Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15),days prior to the public hearing on such amendments. i -Utia ~ -n> 1â‚¬ The foregoing "Affidavit of Notice" was acknowledged before me thli~ay of 1~N\*Ek/ , 201*,by Ju An\~ l/04 A- '<5SSSJJ*,- 1 2- gthÂ· N.E.<*~k Â«.*oTARP.,9 WITNESS MY HAND AND OFFICIAL SEAL . m. .. . e â€¢ My conMnission expires: 1124< 2,0 i b .. .. .. .. .. r, .Â· O 46*L N*(41- e ok'COCCP' Notary Public Mv Commission Expires 09/ 25/209 ATTACHMENTS AS APPLICABLE: â€¢ COPY OF THE PUBLICATION â€¢ PHOTOGRAPH OF THE POSTED NOTICE (SIGN) â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 72>14 PUBLIC NOTICE RE: 1450 CRYSTAL LAKE DRIVE - GROWTH MANAGEMENT REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, September 18, 2012, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the Aspen Club and Spa, LLC, for the property located at 1450 Crystal Lake Road (commonly known as the Aspen Club and Spa), represented by Vann Associates, LLC. The applicant is requesting 6 lodge pillow allotments and the following development approvals: GMQS Review for Lodging allotments, and GMQS review for Affordable Housing. The property is legally described as Lot 15, Callahan Subdivision, City of Aspen, Pitkin County, Colorado. For further information, contact Jessica Garrow at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2780, jessicag@ci.aspen.co.us. s/ LJ Erspamer, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on August 30,2012 City of Aspen Account Easy PeelÂ® Labels i A Bend along line to i ~ AVERYÂ® 5160Â® i Use AveryÂ® Template 5160Â® 1 d Paper expose Pop-Up Edgeâ„¢ ~ MORRIS CLIFTON H JR & SHERIDAN C MRK ASPEN INVESTMENTS LLC MUNVES ANDREW 1409 INDIAN CREEK 34 W DILIDO DR PO BOX 24 WESTOVER HILLS, TX 76107 MIAMI, FL 33139 ASPEN, CO 81612 NATHANSON FAMILY TRUST NOVAK JEFFERY T & KATHERINE PIKE OTTE WILSON MICHAEL 101 OCEAN AVE #C-600 1463 UTE AVE 1280 UTE AVE #16 SANTA MONICA, CA 90402 ASPEN, CO 81611 ASPEN, CO 81611 POLGRAVE INVESTMENTS LTD PANTHERA LLP POGLIANO GINA PAAST 140 FOUNTAIN PKY STE 420 1467 UTE AVE 2121 PONCE DE LEON BLVD, STE 650 ST PETERSBURG, FL 33716 ASPEN, CO 81611 CORAL GABLES, FL 33134 POWDER HOUSE CONDO ASSOC PUBLIC COUNSEL OF THE ROCKIES RABINOW RICHARD A & KATHRYN L E 1280 UTE AVE #16 1280 UTE AVE STE 4 3711 SAN FELIPE #12-I ASPEN, CO 81611 ASPEN, CO 81611 HOUSTON, TX 77027 RC ASPEN TRUST REESE JOHN W ROESER ELLEN QPRT 222 N LASALLE ST #800 257 EASTWOOD DR 1900 HIGHLAND PARK CIR CHICAGO, IL 60601 ASPEN, CO 81611 FORT WORTH, TX 76107 SALVADORE TERESA SEBASTIAN SEAN DS& AMY PS SHARPE HOLDINGS LP ARMSTRONG BERNARD & TATIANA 321 GRANT ST 10490 WILSHIRE BLVD #1603 1122 COUNTY RD 106 SEWICKLEY, PA 15143 LOS ANGELES, CA 90024 CARBONDALE, CO 81623 SMITH BRADLEY & DOLECKI SMITH SHELDON ROBERT & BARBARA SHUMAN RUTH L JENNIFER 11 BROOKSIDE DR 1120 PARK AVE 1455 UTE AVE WESTPORT, CT 06880 NEW YORK, NY 10128 ASPEN, CO 81611 STILLWATER RANCH OPEN SPACE UHALT HUGH C VALLEY GROUP LLC ASSOC 634 CARONDELET ST 3001 HILLSBORO RD PO BOX 11597 NEW ORLEANS, LA 70130-3504 BRENTWOOD, TN 37027 ASPEN, CO 81612 WAYNE WILLIAM & MARSHA TRUSTEES WILSON MIA & STEVEN WILSON THOMAS H 1483 BONNYMEDE DR 1465 S UTE AVE 645 E BLITHEDALE AVE SANTA BARBARA, CA 93108 ASPEN, CO 816112813 MILL VALLEY, CA 94941 WISE HUGH D 111 WISE MARY 0252 HEATHER LN 1280 UTE AVE ASPEN, CO 81611 ASPEN, CO 81611 ttiquettes faciles & peler i Repliez & la hachure afin de ~ www.avery.com 1 Sensde Utilisez le gabarit AVERYÂ® 5160Â® , rhiarnAment rdv@ler le rebord POP-UPT. 1 1-800-GO-AVERY 1 Easy Peelw Labels ~ A Bend along line to i ~ AVERYÂ® 5160Â® i Use AveryÂ® Template 5160Â® ed Paper expose Pop-Up Edgeâ„¢ ~ ALPHA FAMILY TRUST 10THÂ·MTN DIVISION HUT ASSOC INC 1280 UTE LLC C/O SABAN CAPITAL GROUP INC 1280 UTE AVE 1280 UTE AVE #16 10100 SANTA MONICA BLVD #2600 ASPEN, CO 81611 ASPEN, CO 81611 LOS ANGELES, CA 90067 BASS EDWARD P ASPEN CLUB BEHRHORST DAVID G C/O DORSEY CROUSE 1450 CRYSTAL LAKE RD 1280 UTE AVE STE 32 201 MAIN ST #2700 ASPEN, CO 81611 ASPEN, CO 81611 FORT WORTH, TX 76102 CITY OF ASPEN BURGESS JOHN K & ELIZABETH CLINE LEONARD J ATTN FINANCE DEPT 25 CHESHAM ST 634 CARONDELET ST 130 S GALENA ST LONDON UK SWX 8NQ, NEW ORLEANS, LA 70130-3504 ASPEN, CO 81611 COLEN TRUST COTE RICHARD CRICENTI-MUNVES PALMIRA 25 ORINDA WY #300 1280 UTE AVE PO BOX 24 ORINDA, CA 94563 ASPEN, CO 81611 ASPEN, CO 81612 FALLIN RICHARD ALDEN FARVER JOAN LIVING TRUST FRETZ BRUCE R & BARBARA B PO BOX 6819 617 FRANKLIN PL # 200 1432 CRYSTAL LAKE RD #2B SNOWMASS VILLAGE, CO 81615-6819 PELLA, IA 50219 ASPEN, CO 81611-2250 GIBSON DYLAN J GOODMAN HERBERT I & MARY K GOODMAN LEONARD C 1280 UTE AVE 5710 TECUMSEH CIR 222 N LASALLE ST #800 ASPEN, CO 81611 HOUSTON, TX 770571317 CHICAGO, IL 60601 HALCYON ASPEN LLC GORDON JOHN CHARLES HAHN TRUST C/O SMITHFIELD FOODS PO BOX 69 1650 FARNAM ST 200 COMMERCE ST TWIN LAKES, CO 81251-0069 OMAHA, NE 68102 SMITHFIELD, VA 23430 HART H RODES & PATRICIA I HEAD FREDERICK F HOFFMAN EVELINE REV TRUST 3001 HILLSBORO RD 1451 UTE AVE 1427 CRYSTAL LAKE RD BRENTWOOD, TN 37027 ASPEN, CO 81611 ASPEN, CO 81611 LUTTRELL MARTHA HUNT SUSAN M & HELEN M JONES WARREN D & KATHLEEN K C/O FRANCIS & FREEDMAN 15700 S PARK BLVD 2105 LEE SHORE PL 501 S BEVERLY DR 3RD FL SHAKER HEIGHTS, OH 44120-1670 WILMINGTON, NC 28405 BEVERLY HILLS, CA 90212 MANAGING SPACES LLC MCCLAIN PETER K MITCHELL TODD PO BOX 4362 1461 UTE AVE 1280 UTE AVE #7 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 ttiquettes faciles & peler Â· Repliez & la hachure afin de t www.avery.com I Utilisez le gabarit AVERYÂ® 5160Â® i Sens de 1 charaement ravaler le rebord POPUPThi 1 1-800-GO-AVERY ~ 'N!~l f ..1 + 7 I j.... 6 -rÂ·Geâ€¢ ' 1* râ‚¬ 1. . I e + 1/ I 2 1 ' BLIC NOTICE * Date: Tuesday Sept 18, 2012 7 2 95 1, 0 92 6. Time: 4:30pm . 1 id Place: Sister Cities, 130 S. Salena St, Aspen, CO + Purpose: To consider an application submitted : by Aspen Club and Spa, LLC, 1450 4 . Crystal Lake Rd, Aspen, CO 81611, ,~ , for this property. The applicant ..~ ti -*r â€¢ requests 6 lodge pfllow allotments and the following development 2410- 2/ 1,43:.1 approvals: GMQS Review for 4. 5 ..lk ~.Â»-~* ~ Â»----- â€ž Lodging allotments,.and GMQS t review for Affordable Housing. For further information contact Aspen .... Planning Dept. at 970-429-2780. 1 23 k * f.. . cip ./ 4 / . 1 .. 4 , 1 4 -I 1 . 1 1 t .li. 1/ :. . 4, 1 Â¥ Regular City Planning & Zoning Meeting - Minutes .~ptember 18,2012 Comments 2 Conflicts of Interest 2 1450 Crystal Lake Rd - GMOS Review 2 South Aspen Street Lodge- PUD Review 4 1 Regular City Planning & Zoning Meeting - Minutes September 18, 2012 LJ Erspamer opened the regular meeting of the Planning and Zoning Commission in Sister Cities Meeting Room at 4:30. Commissioners present were Ryan Walterscheid, Bert Myrin, Keith Goode, Cliff Weiss, Jasmine Tygre, Stan Gibbs and LJ Erspamer. Jim DeFrancia did not attend. Staff in attendance were Debbie Quinn, Assistant City Attorney; Jessica Garrow and Chris Bendon, City Community Development; Reed Patterson, Municipal Clerk and Jackie Lothian, Deputy City Clerk. Comments Bert asked if the AVH site visit has been decided for the 30th or the 6th. Jessica replied that she wasn't sure but Jennifer would be back on Monday. Bert asked how City Council is following up on the check list. Jessica said that was on the code amendments from City Council. Minutes MOTION: Bert Myrill moved to approve the minutes from August 21St and September 4~h seconded by Stan Gibbs; all in favor, APPROVED. Declaration of Conflicts of Interest Ryan stated that in disclosure that he previously was an employee of Poss who is presenting both projects but he never worked oil the second project. Ryan said on the first project he helped with the LEAD certification before it was changed. Ryan said if something comes up that he has knowledge of he can recuse himself. Debbie Quinn stated that she has reviewed the application and memo for tonight and spoke to Ryan about it. Keith said that he had been an employee ofthe club. Cliff said he was on the COWOP for the club. LJ said he did physical therapy at the Club. Public Hearing: 1450 Crvstal Lake Rd - GMOS Review LJ Erspamer opened the public hearing on 1450 Crystal Lake Rd. LJ asked for proof of legal notice. Debbie Quinn reviewed both affidavits and they are in order and received someone questioning the property lines which Jessica reviewed and found they were correct. Jessica Garrow introduced herself and this was a request by Sunny Vann and Associates for a 6 lot below growth management allotments to add 3 new bedrooms to the Aspen Club timeshare. Jessica stated in 2010 the Aspen Club received final approval for a PUD, SPA and Timeshare that included 20 timeshare units and a revamping of Club facilities, new parking and things like that. As the 2 Regular City Planning & Zoning Meeting - Minutes oeptember 18,2012 applicant has gone forward working towards construction level documents they have had some internal changes that they are interested in pursuing; part of which is adding 3 new bedrooms; each bedroom is considered to have 2 pillows. With the 3 new bedrooms they need 6 lodge pillow allotments. Jessica said that the request was to change 2 of the previously approved units in the Aspen Club to 3 bedroom units and to add 1 new studio unit that would not be actually used as a timeshare until a future point in time when it is no longer used as the timeshare sales office. There is no change in the internal or external space of the building. APCHA has reviewed the request and the applicant is going to use "credit" from affordable housing that was part o f the original approval that the original approval over-mitigated for the employees that were generated; they created a credit of 8.4 FTEs that were in addition to what was required. Staff was in favor of the change. Bert asked about page 5 which is page 2 of the resolution. Jessica responded that is a new unit one bedroom but they will be using this for the timeshare lodge unit sales and then it will be converted to a 1 bedroom. Jessica said with this approval changes from 20 units to 21 units. LJ asked on page 13 ofthe packet and asked if it was part of APCHAs recommendation. Jessica replied that it was part of APCHAs recommendation and has not been included in the Resolution because the Ordinance really governs how the affordable housing units were dealt with in terms of rental and for sale; if they are not in compliance they transition into for sale units. LJ said there were some requirements from Engineering and APCHA. Jessica said many of those requirements have not been triggered yet because there is no issuance for a building permit though they are within their vesting period and meeting all the requirements to date and need to do those going forward. Sunny Vann stated that he didn't have much to add and the building was proceeding toward its permits position. Bert said your application has 107 pages why is that. Sunny replied that he included the original application and approval so that everything could be found in one simple place for everything that was done. LJ said on the application number 3 those amendments do not increase traffic and St was it a daily study or more; he only found the study date of August 21 . Sunny answered that they have a condition of approval that we can't increase trip travel into the club. LJ asked ifthere was a method of monitoring that. Sunny replied that it was incorporated in the TDM and in the Council Conditions of Final 3 It Regular City Planning & Zoning Meeting - Minutes September 18, 2012 Approval. LJ said the proposed amendment does not involve changes that are inconsistent with the condition or representation ofthe project's original approval. LJ asked if this was a change from the original approval for 20. Sunny replied yes; this is a threshold for an insubstantial amendment otherwise it gets kicked up to P&Z for approval so the staff has exercised latitude historically as to whether it is so far out o f the approval that it has to come back to P&Z. No public comments. Cliff opposed this project and will not support it. LJ said now we are going back to add another unit and LJ felt it was too big to start with. Sunny responded that had we built it smaller we wouldn't be here asking for the change. MOTION: Bert Myrin moved to approve Resolution 16 approving the Growth Management Review for the Aspen Club project; seconded by Stan Gibbs. Roll call vote: Ryan Walterscheid, yes; Keith Goode, yes; Cliff Weiss, no; Bert Myrin, yes; Jasmine Tygre, yes; Stan Gibbs, yes; LJ Erspamer, no. APPROVED 5-2. Public Hearing: South Aspen Street Lodge- PUD Review LJ Erspamer opened the public hearing for South Aspen Street Lodge PUD Review. Chris Bendon presented the affidavit of notice. Debbie Quinn reviewed the affidavit of notice for posting and mailing and there was an information outreach meeting o f a sketch plan with all of the requirements for that meeting was met. Chris said this property was known as lots 1,2, and 3 ofthe South Aspen Street Subdivision, south o f Dean and north o f the Shadow Mountain Condominiums. It has been known as the Lodge at Aspen Mountain property in various reiterations over the last decade or so. Chris gave a brief history of the property with an approval granted in 2003 known as the Townhomes approval for 14 free market units and 17 affordable units and is a vested approval for the property; subsequent to that there was much discussion about zoning being unfortunate that was the basis for that approval and there was a neighborhood master plan initiated in 2008 that is also referred to as COWOP I. The neighborhood master plan involved this property and the property across the street, Lift One Lodge, properties to the east were Ski Company properties and properties owned by the City of Aspen all included into a master plan process; that plan was not approved. The various 4 Table 1 DEVELOPMENT DATA Lot 15, Callahan Subdivision/PUD 1. Existing Zoning RR(PUD), Rural Residential, Planned Unit Development Overlay 2. Existing Development Gross Building Area (Sq. Ft.)1 84,604 Floor Area (Sq. Ft.)1 39,050 Net Leasable Commercial Area (Sq. Ft.)1 47,617 Parking Spaces2 91 3. Proposed Zoning RR(PUD)(SPA), Rural Residential, Planned Unit Development/Specially Planned Area Overlay 4. Minimum Lot Size (Acres) 2.0 5. Existing Lot Size3 Acres 4.941 Square Feet 215,232 6. Proposed Lot Size (Acres) Lot 1 3.702 Lot 24 Not Applicable Lot 3 0.264 Lot 4 0.716 Lot 5 0.260 7. Available Lot Area (Sq. Ft.) For Density Purposes5 Not Applicable For Floor Area Purposes6 171,047 8. Minimum Required Lot Area/Dwelling Unit Multi-Family No Requirement Lodge No Requirement 9. Minimum Required Lot Width (Feet) 200 67 10. Existing Lot Width (Feet)7 370 11. Proposed Lot Width (Feet)? Lot 1 305 Lot 24 Not Applicable Lot 3 135 Lot 4 266 Lot 5 95 12. Minimum Required Setbacks (Feet) Front Yard 30 Side Yards 20 Rear Yard 20 13. Proposed Setbacks (Feet)8 Lot 1 Front Yard Above Grade 30 Below Grade 5 East Side Yard Above Grade 0 Below Grade 0 West Side Yard Above Grade 60 Below Grade 5 Rear Yard 25 . Lot 24 Front Yard Not Applicable East Side Yard Not Applicable West Side Yard Not Applicable Rear Yard Not Applicable Lot 3 Front Yard 10 East Side Yard 10 West Side Yard 20 Rear Yard 10 Lot 4 Front Yard 10 South Side Yard 0 68 West Side Yard 5 East Rear Yard 20 North Rear Yard 10 Lot 5 Front Yard 7.5 East Side Yard 5 West Side Yard 0 Rear Yard 10 14. Maximum Allowable Building Height (Feet) 28 15. Proposed Building Height (Feet) Townhouse Units Units 1, 7 and 14' 28 Units 2 -5 and 8 - 1310 28 Club Unitslo 28 Affordable Housing Units10 Unit 11 Northwest Corner 32 Unit 12 Northwest Corner 41 Southwest Corner 31.25 16. Minimum Required Distance Between No Requirement Buildings 17. Minimum Required Open Space No Requirement 18. Maximum Allowable Floor Area Single-Family Same as R-15 Multi-Family No Requirement Commercial No Requirement Lodge No Requirement 19. Proposed Floor Area (Sq. Ft.)11 94,750 Townhouse Units 34,410 Club Units 16,080 Aspen Club & Spa 31,870 Affordable Housing Units 12,390 20. Proposed Floor Area Ratio 0.55:1 69 21. Proposed Net Leasable Commercial Area (Sq. Ft. )11 41,090 d 22. Minimum Required Off-Street Parking 71 Fractional Ownership Units @ 0.5 20 Spaces/Key Aspen Club & Spa2 91 Lot 15 56 Lots 14A and 14W 35 Affordable Housing Units @ 1 Space/ 12 Unit 23. Proposed Off-Street Parking 132 Fractional Ownership Units 20 Aspen Club & Spa 95 Lot 1 60 Lots 14A and 14W 35 Affordable Housing Units 17 1 Includes the tennis dome. 2 Per City Council Ordinance No. 20, Series of 1996. 3 Per Improvement Location Survey/Topographic Map dated April 20, 2009 prepared by Sopris Engineering, LLC. 4 Lot 2 is an airspace lot with no associated land area. 5 The RR, Rural Residential, zone district does not contain a density requirement for either lodge or multi-family residential uses. 6 Excludes land under water. Calculated pursuant to the definition of lot area contained in Section 26.575.020.C. of the Regulations. 7 Measured congruent to the front yard setback line. 8 Measured from the closest building face to the applicable property line. 9 Measured to a point 1 /3 of the distance from the eave to the ridge of the roof. 10 Measured to the top of the roof. 11 Rounded to the nearest ten square feet. 70 3:A MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Jennifer Phelan, Community Development Deputy Director FROM: Jessica Garrow, Long Range Planner RE: 1450 Crystal Lake Road - GMQS Review Resolution No. , Series of 2012 MEETING DATE: September 18,2012 APPLICANT /OWNER: Aspen Club and Spa, LLC REPRESENTATIVE: -1- Â·Â·-Â·-1*,Â·.~~-_...../. ..*.- 1*----* -1- Sunny Vann, Vann Associates, LLC LOCATION: 1450 Crystal Lake Road - Lot 15 0 f the ..... Callahan Subdivision .... CURRENT ZONING: RR/PUD (Rural Residential) zone district with a :3 - ..r .....I.II*=---* NIZ Planned Unit Development (PUD) Overlay i: 1 0, : .. f : 317..Ipt ..,.-*.ve...,.,;.1. 1 '341,f14143 SUMMARY: R- 7.â‚¬--~ t.,M. Â·2:rul-Wzli .ni râ€¢.id'., The Applicant requests six (6) lodge pillow R.j, t...* .,% I E.4!J'* * allotments in order to add three (3) new . 0 -'- , 7 222 ~5; bedrooms to the timeshare approval previously *2* dri'j fit 9-,-f*/; 3 *8. i, ,1.ill ~adnitt 2202.nTheex~Yullanchdane~ nsotorh~not 02<69Â·,6Â¢*~P~ building proposed. The proposed bedrooms are E.4,5>Id, h .4 a result of internal reconfigurations. 4 '21*JAA;,'PÂ· ~SP-2-9. - I. STAFF RECOMMENDATION: thitil,:3&AV<*6*1 (41* ..ab= Staff recommends approval of the Growth Photo: Aspen Club building and location. Management Request. REOUEST OF THE PLANNING AND ZONING COMMISSION: The Applicant is requesting the following land use approvals from the Planning and Zoning Commission: â€¢ A Growth Management Review (Chapter 26.470.040.C.7, Affordable Housing) for the development of affordable housing. (The Planning and Zoning Commission is the final review authority.) Aspen Club Growth Management Review Page 1 0 f 3 â€¢ A Growth Management Review (Chapter 26.470.080.3, Lodge development) for the development of affordable housing. (The Planning and Zoning Commission is the final review authority.) BACKGROUND AND PROJECT SUMMARY: The Aspen Club is located in the Rural Residential (RR) zone district with a PUD overlay and an SPA overlay. The Club is part of the Callahan Subdivision and PUD, which was initially approved in 1976. The original approval included sixteen (16) lots. Lot 14A was designated as a parking facility for the use and benefit of the clubhouse and recreational facility that was proposed on Lot 15 (the current location of the Aspen Club). The parking area on Lot 14A includes thirty-five (35) spaces, and is accessed from Lot 15 via a bridge over the Roaring Fork River and through Lot 14. A number of PUD Amendments have been made to the Callahan Subdivision since the original approval, the most recent of which was the PUD amendment approved in 2010 (Ordinance 2, Series of 2010). This approval was for a redevelopment on the property of: 20 timeshare units, 12 2-bedroom affordable housing units, and a reconfigured recreation club (the Aspen Club). A total of 132 parking spaces are approved for the development - 35 spaces across the river on lots 14A & 14W and 97 on the Club parcel (Lot 15-A). After receiving all the final approvals, the Applicant began working on construction drawings and perfecting the interior compilation of space. Based on some refinements, the Applicant was able to reconfigure the space to create three new lodge bedrooms - one in a new unit, and converting two approved 2-bedroom units into 3-bedroom units. This change requires 6 additional lodge pillow allotments (each bedroom requires 2 lodge pillow allotments). If approved, the project will have a total of 21 timeshare lodge units. It is important to note that the proposed new unit will not be developed at the same time as the original 20 units. It is intended to be used as the timeshare sales office, as allowed in the original approval. When all the timeshare units are sold, the applicant plans on converting that space into the new lodge unit. STAFF COMMENTS: LODGE AND AFFORDABLE HOUSING REVIEW: This application amends the 2012 approval that included 20 timeshare units and 12 affordable housing units. The applicant is requesting 6 lodge pillows from the 2012 Growth Management year. The project is required to provide affordable housing mitigation for the increase in lodge pillows proposed. The original 20 units required mitigation for 18.6 FTEs. (Land Use Code section 26.470.100.A.1 states that there are .5 FTEs per lodging bedroom. Therefore, the employee generation was 31 FTEs (62 lodge bedrooms * .5 FTEs = 31 FTEs). At a mitigation level of 60Â°/o, the required mitigation for the project was 18.6 FTEs (31 FTEs * 60% = 18.6 FTEs).) The 12 affordable housing provided mitigation for 27 FTEs, or approximately 145% of the required affordable housing mitigation. The applicant has requested to use that "credit" to mitigate for this proposal. (27 FTEs mitigated - 18.6 FTEs required = 8.4 FTE "credit"). The APCHA Board recommended the Applicant be able to use the credit for this proposal. Aspen Club Growth Management Review Page 2 of 3 This application results in a need to mitigate for 0.9 FTEs (3 new bedrooms * .5 FTE per bedroom = 1.5 FTEs, 1.5 FTE * 60% = 0.9 FTE mitigation requirement), which is significantly less than the "credit" from the PUD/SPA approval. With the additional lodge pillows, the Applicant is mitigating approximately 138% of the FTEs generated, or 72% of the total employees generated by the development. REFERRAL COMMENTS: The APCHA Board reviewed this application at their regular meeting and recommends in favor of the request. Their comments are attached as Exhibit B. RECOMMENDATION: Staff recommends approval of the allotments. PROPOSED MOTION: "I move to approve Resolution # , Series 2012, approving Growth Management Reviews for the Aspen Club project." Attachments: Exhibit A - Growth Management Review Criteria, Staff Findings Exhibit B - APCHA Referral Comments Exhibit C - Application (bound) Aspen Club Growth Management Review Page 3 of 3 RESOLUTION N0. _, (SERIES OF 2012) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING SIX (6) LODGE PILLOW ALLOTMENTS FOR THE PROPERTY LOCATED AT 1450 CRYSTAL LAKE ROAD (THE ASPEN CLUB), LEGALLY DESCRIBED AS LOT 15 OF CALLAHAN SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-181-32-019 WHEREAS, the Community Development Department received an application from Aspen Club and Spa, LLC, represented by Sunny Vann of Vann Associates, LLC requesting six (6) lodge pillow allotments to add three lodge bedrooms to the Aspen Club Timeshare project; and, WHEREAS, the Applicant received Conceptual Commercial Design Review from the Planning and Zoning Commission on April 1,2008 via Resolution 9, Series of 2008; and, WHEREAS, the Applicant received final Specially Planned Area (SPA), final Planned Unit Development (PUD), final Timeshare, Stream Margin, Affordable Housing Growth Management Allotments, Multi-Year Growth Management Lodge Allotments, Rezoning, and Subdivision, to develop a sub-grade garage, twenty (20) timeshare units and twelve (12) affordable housing units, and to redesign existing commercial spaces, from the Aspen City Council on June 1,2010 via Ordinance 2, Series of 2010; and, WHEREAS, the Applicant received Final Commercial Design Review from the Planning and Zoning Commission on September 6,2011 via Resolution 17, Series of 2011 ; and, WHEREAS, the Applicant requests approval by the Planning and Zoning Commission for Lodging and Affordable Housing Growth Management Reviews; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the application; and, WHEREAS, during a duly noticed public hearing on September 18, 2012, the Planning and Zoning Commission approved Resolution No. _, Series of 2012, by a to c -9 vote, approving Lodging and Affordable Housing Growth Management Reviews; and, WHEREAS, the Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards; and, Resolution No _, Series 2012 Page 1 of 3 WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves six (6) lodge allotments through its lodge development Growth Management Review, and approves the Aspen Club to utilize the previously approved affordable housing units as mitigation through its affordable housing Growth Management Review. The project is approved to consist of 21 timeshare lodge units, 14 located in "townhome units" and 7 located in the Aspen Club building ("club units"). This approval converts two 2-bedroom "club units" to 3-bedroom units, and allows the applicant to build a seventh "club studio unit." The seventh unit is approved to be utilized as sales space for the timeshare units, as permitted in Ordinance 10, Series of 2012, but may be converted to a timeshare lodge unit in the future. Section 2: All conditions outlined in City Council Ordinance 10, Series of 2011 and Planning & Zoning Commission Resolution 17, Series of 2011 remain valid and in effect. Section 3: The affordable housing commitment made by the applicant represents a voluntary negotiated agreement between the applicant, the City and APCHA which has been proposed by the applicant as a public benefit in connection with the Aspen Club development approved by Ordinance No. 2 (Series 2010), and as amended. Owner and APCHA stipulate and agree that, in accordance with CRS 38-12-301(1)(a) and (b), the deed restriction that shall be recorded prior to Certificate of Occupancy constitutes a voluntary agreement and the deed restriction limits the rent on the property and is subject hereto and is to otherwise provide affordable housing stock. Owner waives any right it may have to claim that the deed restriction will violate CRS 38-12-301. Section 4: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Resolution No , Series 2012 Page 2 of 3 Section 6: If any section, subsection, sentence, clause, phrase. or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this day of September, 2012. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Deb Quinn, Special Counsel LJ Erspamer, Chair ATTEST: Jackie Lothian, Deputy City Clerk Resolution No _, Series 2012 Page 3 of 3 Exhibit A - GMQS Staff Findings 26.470.050. General requirements. B. General requirements: All development applications for growth management review shall comply with the following standards. The reviewing body shall approve, approve with conditions or deny an application for growth management review based on the following generally applicable criteria and the review criteria applicable to the specific type of development: 1. Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Subsection 26.470.030.D. Applications for multi-year development allotment, pursuant to Paragraph 26.470.090.1 shall not be required to meet this standard. Staff Findings: No other Growth Management Application has come forward in 2012, so all lodge allotments are available. Staff finds this criterion is met. 2. The proposed development is compatible with land uses in the surrounding area, as well as with any applicable adopted regulatory master plan. Staff Findings: There are not applicable adopted Master Plans, and the development conforms with the neighborhood and the vested approvals for the site. Staff finds this criterion is met. 3. The development conforms to the requirements and limitations of the zone district. Staff Findings: The proposal is an internal change and does not change any of the approved dimensions in the PUD/SPA. Staff finds this criterion is met. 4. The proposed development is consistent with the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the Conceptual Planned Unit Development approval, as applicable. Staff Findings: This is an internal change only, and is consistent with the Conceptual and Final Commercial Design approvals. Staff finds this criterion is met. 5. Unless otherwise specified in this Chapter, sixty percent (60%) of the employees generated by the additional commercial or lodge development, according to Subsection 26.470.100.A, Employee generation rates, are mitigated through the provision of affordable housing. The employee generation mitigation plan shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, at a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. If an applicant chooses to use a Certijicate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certijicate. Exhibit A - Staff Findings Page 1 of 5 Staff Findings: This application amends a previously approved PUD/SPA that included 20 timeshare units and 12 affordable housing units. The original 20 units required mitigation for 18.6 FTEs. (Land Use Code section 26.470.100.A.1 states that there are .5 FTEs per lodging bedroom. Therefore, the employee generation was 31 FTEs (62 lodge bedrooms * .5 FTEs = 31 FTEs). At a mitigation level of 60%, the required mitigation for the project was 18.6 FTEs (31 FTEs * 60% = 18.6 FTEs).) The 12 affordable housing mitigated for 27 FTEs, or approximately 145% of the required affordable housing mitigation. The applicant has requested to use that "credit" to mitigate for this proposal. (27 FTEs mitigated - 18.6 FTEs required = 8.4 FTE "credit"). The APCHA Board recommended the Applicant be able to use the credit for this proposal. This application results in a need to mitigate for 0.9 FTEs (3 new bedrooms * .5 FTE per bedroom = 1.5 FTEs, 1.5 FTE * 60% = 0.9 FTE mitigation requirement), which is significantly less than the "credit" from the PUD/SPA approval. With the additional lodge pillows, the Applicant is mitigating approximately 138% of the FTEs generated, or 72% of the total employees generated by the development. Staff finds this criterion is met. 6. Affordable housing net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher, shall be provided in an amount equal to at least thirty percent (30%) of the additional free-market residential net livable area, for which the jinished floor level is at or above natural or finished grade, whichever is higher. Affordable housing shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, and be restricted to a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. Affordable housing units that are being provided absent a requirement ("voluntary units") may be deed-restricted at any level of affordability, including residential occupied. U an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shaN be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate, utilizing the calculations in Section 26.470.100 Employee/Square Footage Conversion. Staff Findings: No free-market residential component is proposed as part of this application. Staff finds this criterion is not applicable. 7. The project represents minimal additional demand on public infrastructure, or such additional demand is mitigated through improvement proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking and road and transit services. Exhibit A - Staff Findings Page 2 of 5 Staff Findings: The addition of one lodge unit and six total pillows represents a minimal additional demand on public infrastructure. The Applicant remains bound by the PUD/SPA approval, which states there cannot be an increase in trips to and from the Aspen Club. Staff finds this criterion is met. 26.470.070. Minor Planning and Zoning Commission applications. 4. Affordable housing. The development of affordable housing deed-restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the following criteria: a. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing Authority. A recommendation from the Aspen/Pitkin County Housing Authority shall be required for this standard. The Aspen/Pitkin County Housing Authority may choose to hold a public hearing with the Board of Directors. Staff Findings: The proposed units comply with all APCHA standards, and are required to comply with all previous approvals. Staff finds this criterion is met. b. Affordable housing required for mitigation purposes shall be in the form of actual newly built units or buy-down units. Off-site units shall be provided within the City limits. Units outside the City limits may be accepted as mitigation by the City Council, pursuant to Paragraph 26.470.090.2. If the mitigation requirement is less than one (1) fun unit, a cash-in-lieu payment may be accepted by the Planning and Zoning Commission upon a recommendation from the Aspen/Pitkin County Housing Authority. If the mitigation requirement is one (1) or more units, a cash-in-lieu payment shall require City Council approval, pursuant to Paragraph 26.470.090.3. A Certificate of Affordable Housing Credit may be used to satisfy mitigation requirements by approval of the Community Development Department Director, pursuant to Section 26.540.080 Extinguishment of the Certificate. Required affordable housing may be provided through a mix of these methods. Staff Findings: The Applicant is constructing 12 affordable housing units, housing 27 FTEs. This more than mitigates for the 19.5 employees required to be mitigated for in the project (18.6 FTEs previously approved + 0.9 FTEs in this application = 19.5 FTEs). Staff finds this criterion is met. c. Each unit provided shall be designed such that the finished jloor level offifty percent (50%) or more of the unit's net livable area is at or above natural or finished grade, whichever is higher. This dimensional requirement may be varied through Special Review, Pursuant to Chapter 26.430. Staff Findings: All of the previously approved affordable housing units are located such that 50% or more of the net livable space is above grade. Staff finds this criterion is met. Exhibit A - Staff Findings Page 3 of 5 d. The proposed units shall be deed-restricted as "for sale" units and transferred to qualified purchasers according to the Aspen/Pitkin County Housing Authority Guidelines. The owner may be entitled to select the first purchasers, subject to the aforementioned qualifications, with approval from the Aspen/Pitkin County Housing Authority. The deed restriction shall authorize the Aspen/Pitkin County Housing Authority or the City to own the unit and rent it to qualified renters as defined in the Affordable Housing Guidelines established by the Aspen/Pitkin County Housing Authority, as amended. The proposed units may be rental units, including but not limited to rental units owned by an employer or nonprofit organization, if a legal instrument in a form acceptable to the City Attorney ensures permanent affordability of the units. The City encourages affordable housing units required for lodge development to be rental units associated with the lodge operation and contributing to the long-term viability of the lodge. Units owned by the Aspen/Pitkin County Housing Authority, the City of Aspen, Pitkin County or other similar governmental or quasi-municipal agency shall not be subject to this mandatory "for sate" provision. Staff Findings: The affordable housing units have previously been approved as rental units. The Applicant is required to comply with all previous approvals for the units. Staff finds this criterion is met. e. Non-Mitigation Affordable Housing. Affordable housing units that are not required for mitigation, but meet the requirements of Section 26.470.070.4(a-d). The owner of such non-mitigation affordable housing is eligible to receive a Certificate of Affordable Housing Credit pursuant to Chapter 26.540. Staff Findings: No non-mitigation units are not proposed in this application. Staff finds this criterion is not applicable. 26.470.080. Major Planning and Zoning Commission applications. 3. Lodge development. The expansion of an existing lodge or the development of a new lodge shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the following criteria: b. If the project contains less than one (1) lodge unit per five hundred (500) square feet of lot area, the following affordable housing mitigation standards shall apply: 1) Affordable housing net livable area equaling thirty percent (30%) of the additional free-market residential net livable area shall be mitigated through the provision of affordable housing. Staff Findings: No free-market residential component is proposed as part of this application. Staff finds this criterion is not applicable. 2) Sixty percent (60%) of the employees generated by the additional lodge, timeshare lodge, exempt timeshare units and associated commercial development, according to Exhibit A - Staff Findings Page 4 of 5 Paragraph 26.470.050.A. 1, Employee generation, shall be mitigated through the provision of affordable housing. Staff Findings: This application amends a previously approved PUD/SPA that included 20 timeshare units and 12 affordable housing units. The original 20 units required mitigation for 18.6 FTEs. (Land Use Code section 26.470.100.A. 1 states that there are .5 FTEs per lodging bedroom. Therefore, the employee generation was 31 FTEs (62 lodge bedrooms * .5 FTEs = 31 FTEs). At a mitigation level of 60%, the required mitigation for the project was 18.6 FTEs (31 FTEs * 60% = 18.6 FTEs).) The 12 affordable housing mitigated for 27 FTEs, or approximately 145% of the required affordable housing mitigation. The applicant has requested to use that "credit" to mitigate for this proposal. (27 FTEs mitigated - 18.6 FTEs required = 8.4 FTE "credit"). The APCHA Board recommentled the Applicant be able to use the credit for this proposal. This application results in a need to mitigate for 0.9 FTEs (3 new bedrooms * .5 FTE per bedroom = 1.5 FTEs, 1.5 FTE * 60% = 0.9 FTE mitigation requirement), which is significantly less than the "credit" from the PUD/SPA approval. With the additional lodge pillows, the Applicant is mitigating approximately 138% o f the FTEs generated, or 72% o f the total employees generated by the development. Staff finds this criterion is met. Exhibit A - Staff Findings Page 5 of 5 MEMORANDUM TO: Jessica Garrow, Community Development Department FROM: Cindy Christensen, APCHA Operations Manager DATE: September 5,2012 RE: ASPEN CLUB AMENDMENT Parcel ID No. ISSUE: The Aspen Club is proposing to the City of Aspen to expand the approved project by adding three lodge bedrooms (six lodging pillows). The issue is affordable housing mitigation to be required in connection with this request. BACKGROUND: The City Council approved the development under Ordinance No. 2 (Series of 2010). The applicant was required to provide 12 on-site affordable housing units - 3 units 850 square feet at Category 2,5 units 950 square feet at Category 3, and 4 units 950 square feet at Category 4. The units will be rental units and owned and managed by the Aspen Club and Spa. MITIGATION Based on the previous requirements of Section 26.470.100.At the mitigation requirement was calculated as follows: Free Market Units Free Market Bedrooms 10 3-bedroom townhouse units = 30 bedrooms 4 4-bedroom townhouse units = 16 bedrooms 4 3-bedroom club units = 12 bedroorns 2 2-bedroom club units = 4 bedrooms 62 Total Bedrooms X 0.5 Employees/Bedroom = 31 Employees 31 Employees X 60% = 18.6 Employees The additional 3 lodge bedrooms create 6 lodge pillows. At the code requirement of 60%, this calculates to an additional .9 employees (3 new bedrooms X 0.5 employees/bedroom = 1.5 employees X 60% = 0.9 employees); therefore, the total required mitigation per the Land Use Code at 60% is 19.5 (18.6 + 0.9). The 12 on-site units provide mitigation for 27 FTE's, which exceeds the minimum requirement by 7.5 employees, or approximately 38%. Aspen Club Amendment Page 1 RECOMMENDATION: The APCHA Board reviewed the application at their regular meeting held September 5, 2012 and recommended that the applicant be allowed to utilize the additional credits to mitigate for the 6 lodging pillows. Staff recommends approval of the credits with the following conditions (as stipulated in Ordinance No. 2 (Series 2010)): 1. The affordable housing commitment made by the applicant represents a voluntary negotiated agreement between the applicant, the City and APCHA which has been proposed by the applicant as a public benefit in connection with the Aspen Club development approved by Ordinance No. 2 (Series 2010), and as amended. Owner and APCHA stipulate and agree that, in accordance with CRS 38-12-301(1)(a) and (b), the deed restriction that shall be recorded prior to Certificate of Occupancy constitutes a voluntary agreement and the deed restriction limits the rent on the property and is subject hereto and is to otherwise provide affordable housing stock. Owner waives any right it may have to claim that the deed restriction will violate CRS 38-12-301. 2. The applicant shall require all potential tenants to receive approval by APCHA prior to occupancy. If the applicant does not receive approval of any tenant prior to occupancy, the applicant shall be required to pay any penalties and/or fines required by the Land Use Code and/or as stated in the Aspen/Pitkin County Employee Housing Guidelines. 3. The 12 on-site, two-bedroom affordable housing units shall be deed restricted to Category 2, 3 and 4 with the final category mix approved by APCHA in connection with the final approval. The CO for the units shall be issued prior to or at the same time as the proposed fractional ownership units. 4. The units shall be owned and managed by the Aspen Club and Spa. More detailed information regarding the management and maintenance of the units shall be provided to APCHA with the proposed deed restriction prior to CO. 5. 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 ofthe 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 ofthe lease period upon termination of employment. 6. Each tenant in the rental units shall be required to be requalified by APCLIA on a yearly basis. 7. The deed restriction shall allow the units to become ownership units at such time as the owner (the Aspen Club and Spa) elects to condominiumize and sell the units, or at such time as APCHA determines one or more units are found to be out of compliance for one year. If any of the units are found to be out of compliance for one year, or the owner elects to sell the units, the units shall be listed for sale with APCHA at the categories specified in Aspen Club Amendment Page 2 the deed restriction. The sales price shall be as stated in the APCHA Guidelines in effect at the time of recordation of the deed restriction plus appreciation calculated at three percent (3%) per annum or the Consumer Price Index (simple appreciation not compounded), whichever is less, as of the listing date of the units. If the units are being sold due to noncompliance, all of the units shall be sold through the lottery system. If the owner elects to sell the units, the owner may choose 1/3rd of the initial buyers provided they qualify under APCHA's top priority for the unit. 8. 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. 9. In the event the rental units are required to become ownership units due to noncompliance, APCHA or the City may elect to purchase them for rental to qualified tenants in accordance with APCHA Guidelines. 10. The rental deed restriction will be recorded with the following conditions: a. The use and occupancy of the Employee Dwelling Units shall henceforth be limited exclusively to housing for employees and their families who are employed in Pitkin County and who meet the definition of "qualified employee" as that term is defined by the qualification guidelines established and indexed by the Authority on an annual basis, and as stipulated in #3 above. The Owner shall have the right to lease the Employee Dwelling Unit to a "qualified employee" of his own selection. b. The Employee Dwelling Units shall not be occupied by the Owner or members of the immediate family ("Immediate Family" shall mean a person related by blood or marriage who is a first cousin [or closer relative] and his or her children), unless the family member is a qualified employee and obtains approval by APCHA prior to occupancy. The unit shall at no time be used as a guesthouse or guest facility. c. Written verification of employment of employee(s) proposed to reside in the Employee Dwelling Units shall be completed and filed with the Authority by the Owner of the Employee Dwelling Unit prior to occupancy thereof, and such verification must be acceptable to the Authority. If found to be occupied prior to approval, the applicant shall be required to pay any penalties and/or fines required by the Land Use Code and/or as stated in the Aspen/Pitkin County Employee Guidelines and as they are amended from time to time. d. The Employee Dwelling Units shall be required to be rented for periods of no less than six (6) consecutive months. Upon vacancy of the Employee Dwelling Units, the Owner is granted forty-five (45) days in which to locate a qualified employee. If an employee is not placed by the Owner, the Authority may rent the Employee Dwelling Units to a qualified employee. e. The maximum rental rate shall not exceed the Category as stipulated in the deed restriction and as stated in #1 above, and the rental rates shall be as set forth in the Rental Guidelines established by the Authority and may be adjusted annually as set forth by the Guidelines. The maximum permitted rent for the unit on the date of execution of this deed restriction as stated in the Guidelines at the time the deed-restriction is recorded. Rent shall be verified and approved by the Authority upon submission Aspen Club Amendment Page 3 and approval of the lease. Employees shall be qualified by the Authority as to employment, maximum income and asset limitations on a yearly basis. The signed lease must be provided to APCHA. f. The Unit must meet minimum occupancy; i.e., one person per bedroom. g. Owner agrees to provide to APCHA upon request all information reasonably necessary to determine ifthere is full compliance with this Agreement. h. In the event that APCHA has reasonable cause to believe the Owner and/or tenant is violating the provisions of this Agreement, the APCHA, by its authorized representative, may inspect the Property or Affordable Housing Unit between the hours of 8:00 a.m, and 5.00 p,m., Monday through Friday, after providing the Owner with no less than 24 hours' written notice. i, The APCHA, in the event a violation ofthis Agreement is discovered, shall send a notice of violation to the Owner and/or tenant, as may be applicable, detailing the nature of the violation and allowing the Owner or tenant fifteen (15) days to cure. Said notice shall state that the Owner or tenant may request a quasi-judicial hearing before the APCHA Board pursuant to the Grievance Procedures of the APCHA Guidelines within fifteen (15) days to determine the merits of the allegations. If no hearing is requested and the violation is not cured within the fifteen (15) day period, the Owner or tenant shall be considered in violation of this Agreement, If a hearing is held before the APCHA Board, the decision of the APCHA Board based on the record of such hearing shall be final for the purpose of determining if a violation has occurred and for the purpose ofjudicial review. j. There is hereby reserved to the parties' hereto any and all remedies provided by law for breach of this Agreement or any of its terms. In the event the parties resort to litigation with respect to any or all provisions of this Agreement, the prevailing party shall recover damages and costs, including reasonable attorney's fees. k. In the event an Affordable Housing Units is leased without compliance herewith, such lease shall be wholly null and void and shall confer no title whatsoever upon the purported tenant. Each and every lease, for all purposes, shall be deemed to include and incorporate by this reference, the covenants herein contained, even without reference therein to this Agreement. 1. In the event that the Owner or tenant fails to cure any breach, the APCHA may resort to any and all available legal action, including, but not limited to, specific performance of this Agreement or a mandatory injunction requiring compliance by Owner and/or tenant, to include, but may not be limited to, any penalty or fine as stipulated in the Land Use Code and/or Aspen/Pitkin County Employee Housing Guidelines and as they are amended from time to time. m. Whenever possible, each provision of this Agreement and any other related document shall be interpreted in such a manner as to be valid under applicable law; but if any such provision shall be invalid or prohibited under applicable law, such provision shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of this Agreement or other document. n. This Agreement is to be governed and construed in accordance with the laws of the State of Colorado. o, No claim of waiver, consent or acquiescence with respect to any provision of this Agreement shall be valid against any part hereto except on the basis of a written instrument executed by the parties to this agreement. However, the party for whose benefit a condition is inserted herein shall have the unilateral right to waive such condition. Aspen Club Amendment Page 4 p. The parties to this Agreement agree that any modifications of this Agreement shall be effective only when made in writing signed by both parties and recorded with the Clerk and Recorder of Pitkin County, Colorado. q. The terms and provisions of this Deed Restriction shall constitute covenants running with the title to the Affordable Housing Units as a burden thereon for the benefit of, and shall be specifically enforceable by, the Managing Agent, the Association and/or Owner, by the Housing Authority, the City of Aspen, Colorado, and by their respective successors and assigns, by any appropriate legal action including, but not limited to, injunction, abatement, or eviction of non-qualified tenants. r. Lease agreements executed for occupancy of the Employee Dwelling Units shall provide for a rental term of not less than six (6) consecutive months. A signed and executed copy of the lease shall be provided to the Authority by the Owner within ten (10) days of approval of employee(s) for the Employee Dwelling Unit. s. Owner and APCHA stipulate and agree that, in accordance with CRS 38-12-301(1)(a) and (b), this Deed Restriction constitutes a voluntary agreement and deed restriction to limit rent on the property subject hereto and to otherwise provide affordable housing stock. Owner waives any right it may have to claim that this Deed Restriction violates CRS 38-12-301. t. When the option to convert any unit to a sale unit is exercised, the owner must adopt a new deed restriction in the form adopted by APCHA that is applicable to sale units. A separate homeowner association will be created for the 12 deed-restricted units, All condominium documents shall be reviewed and approved by APCHA. Sales Unit: Should the units become ownership units due to non-compliance or at the direction of the Aspen Club: 1. The units shall be ownership units sold through the Aspen/Pitkin County Housing Authority lottery system. 2. The unit shall be classified as stipulated in the recorded rental deed restriction. 3. The condominium documents shall reflect that any common area maintenance shall be assessed based on the actual values of the free-market homes versus the deed-restricted unit. Any property management fees or other fees associated with the commercial or free-market aspect of the building shall not be charged to the deed-restricted owner. The condominium documents shall be reviewed and approved by APCHA. The goal is to protect the affordable housing unit from excessive monthly and/or special assessments having to do with luxury items and/or expensive modifications. Aspen Club Amendment Page 5 PROFORMA TITLE REPORT SCHEDULE A 1. Effective Date- August 15,2012 at 8:00 AM Case No. PCT23547P2 2. Policy or Policies to be issued Proposed Insured: TO BE DETERMINED 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: ASPEN CLUB SPA, LLC, a Colorado limited liability company 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: See Attached Exhibit "A" PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, ASPEN, CO. 81611 970-925-1766 Phone/970-925-6527 Fax 877-217-3158 Toll }Iree AUTHORIZED AGENT Countersigned: -O F-ft /EM . EXHIBIT "A" LEGAL DESCRIPTION PARCEL A: LOT 15, CALLAHAN SUBDIVISION, according to the maps thereof recorded May 19, 1976 in Plat Book 5 at Page 7, August 17, 1977 in Plat Book 6 at Page 16. PARCEL B A pedestrian access easement through Lot 14, Callahan Subdivision and part of Crystal Circle within the Callahan Subdivision, City of Aspen, Colorado being 12 feet in width, lying westerly of and abutting the following described line: Beginning at a point on the Southerly line of Lot 14, Callahan Subdivision whence the Southwest corner of said Lot 14, Callahan Subdivision bears N 88Â°25' W 199.49 feet; thence N 07Â°39' W 125.28 feet, thence N 13Â©151 E 69.49 feet to a point on the South line of Lot 14-A, Callahan Subdivision, as set forth in Deed of Access Easement recorded January 11, 1985 in Book 479 at Page 661. PARCEL C: A right of access and vehicular access described as follows: a 24 foot wide private road adjacent to the most northerly point of Lot 14, being the road that circles Lot 14A, Callahan Subdivision; thence following said private road Easterly through Centennial Circle to Crystal Lake Road, and Northeasterly along the Westerly arm of said Crystal Lake Road to Colorado State Highway No 82 as shown on the Final Plat and Development plan of the Callahan Subdivision, recorded May 19, 1976 in Plat Book 5 at Page 7, and as amended on August 17, 1977 in Plat Book 6 at Page 16. PARCEL D: A non-exclusive access easement and right-of-way twenty-four (24) feet in width along and within the northerly boundary of Lot 5, Stillwater Ranch Subdivision and adjacent at all points to the southerly boundary of Lot 15, Callahan Subdivisionl for the use and benefit of certain lands within Callahan Subdivision including Lot 15, Callahan Subdivision, for purposes of roadway access to such lands and for utility, construction and service vehicular use. PARCEL E: A non-exclusive easement and right-of-way over, upon, across and under the portion of neighboring Lot 5, Stillwater Ranch Subdivision, depicted and described as the Easement Area on the drawing attached as Exhibit A to that certain Easement Agreement recorded July 23, 2012 as Reception No. 590784, for the construction, installation, maintenance, repair, replacement, relocation, operation, use and enjoyment of certain Infrastructure Improvements described in the Easement Agreement for the benefit of Lot 15, Callahan Subdivision, and for purposes of vehicular and pedestrian ingress, egress and travel between Ute Avenue and Lot 15, Callahan Subdivision for the access uses permitted by the Easement Agreement. Jennifer Phelan From: Sunny Vann [vannassociates@comcast. net] Sent: Monday, August 20, 2012 4:05 PM To: Jennifer Phelan Subject: RE: Aspen Club No problem, I've asked Art Daily to order an updated policy and will deliver it to Jessica ASAP. SunnyVann Vann Associates, LLC P.0, Box 4827 Basalt, CO 81621 vannassociates@comcast.net 970/925-6958 970/920-9310 Fax CONFIDENTIALITY NOTICE This e-mail transmission and any accompanying documents contains information belonging to the sender that may be confidential. This information is intended forthe use of the individual or entity to whom this e-mail transmission was sent as indicated above. If you have received this transmission in error, please advise the sender by reply e-mail and destroy all copies of the original transmission including any accompanying documents. From: Jennifer Phelan [mailto:Jennifer.Phelan@ci.aspen.co.us] Sent: Monday, August 20, 2012 3:29 PM To: vannassociates@comcast.net Subject: Aspen Club Hi Sunny: I reviewed your application and appreciate the time you spent on the GMQS points. Much appreciated. I did notice that the title policy is from 2009 and, unfortunately, the code requires a current one. Either a title policy or ownership and encumbrance report will do. Thanks, Jennifer Jennifer Phelan, AICP Deputy Planning Director Community Development Department City of Aspen 130 S. Galena St. Aspen, CO 81611 970-429-2759 www.aspenpitkin.com Email secured by Check Point 1 Ex hibitc_ VANN ASSOCIATES, LLC Planning Coiisultants August 15, 2012 HAND DELIVERED Ms. Jessica Garrow Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Aspen Club Living PUD/SPA Amendment and Lodge GMQS Application Dear Jessica: Please consider this letter an application for an insubstantial amendment to the Planned Unit Development/Specially Planned Area ("PUD/SPA") approval for the Aspen Club Living project. A lodge growth management quota system ("GMQS") allotment is also requested in connection therewith (see Exhibit 1, Pre-Application Conference Summary). The application is submitted pursuant to Sections 26.440.090.A., 26.445.100.A., 26.470.050.B., 26.470.070.4.,26.470.080.3.b) and 26.470.120 of the Aspen Land Use Regulations (the "Regulations") by the Aspen Club & Spa, LLC (hereinafter "Applicant"). A Commitment for Title Insurance evidencing the Applicant's owner- ship of the Aspen Club & Spa property is attached as Exhibit 2. Permission for Vann Associates, LLC, Planning Consultants, to represent the Applicant is attached as Exhibit 3. A land use application form, dimensional requirements form, application fee agreement, and a list of property owners located within three hundred feet of the project site are attached as Exhibits 4,5,6 and 7, respectively. Background Final PUD/SPA approval for the development of twenty timeshare units and twelve affordable housing units at the Aspen Club & Spa was granted by the City Council on June 1, 2010 pursuant to Ordinance No. 2 (see Exhibit 8). The Ordinance also granted the project's required GMQS allotments and approved a rezoning, subdivi- sion, stream margin review, condominiumization, and an extended vested rights period. Final commercial design review for the project was approved by the Planning and Zoning Commission ("P&Z") on September 6, 2011 pursuant to Resolution No. P.O. Box 4827 Â· Basalt, Colorado 81621 ' 970/925.-6958 Â· Fax 970/920-9310 vannassociates@comcast.net Ms. Jessica Garrow August 15, 2012 Page 2 17 (see Exhibit 9). The Aspen Club Living project's approvals are vested until September 17, 2016 (see Exhibit 10). Proposed Amendment rhe Applicant has been working with the project architect and Auberge Resorts, the future operator of Aspen Club Living's fractional ownership component, to further refine the project's architecmre prior to submission for a building permit. In connec- tion therewith, various revisions to the project's floor plans, elevations and site design have occurred. One such revision involves the reconfiguration of the six so-called "Club" units which are to be developed within the existing Aspen Club & Spa building. As approved, the Club units consist of four, 3-bedroom units and two, 2- bedroom units, each of which contains a lock-off bedroom for a total of twelve keys. In the process of reconfiguring the Club units, the floor plans for the two, 2-bedroom units (i.e., units number 16 and 20) were revised to include a third bedroom. In addition, a small office space was added adjacent to unit number 20 to accommodate the marketing and sale of the project's fractional ownership units. Following the sale of the units, the Applicant proposes to convert the office space to a studio unit which will also be sold pursuant to the project's fractional ownership plan. While no change in the number of lock-off bedrooms within the 3-bedroom units is proposed, the future addition of the smdio unit will increase the number of Club units from six to seven, and the Club units' key count from twelve to thirteen. The original layout of the six Club units and the proposed revisions thereto are depicted on the attached floor plans (see Exhibits 11 and 12, respectively). Review Requirements The proposed revisions will require an amendment to the Aspen Club Living project' s PUD approval to memorialize the increase in the number of Club units and their associated bedrooms. An SPA amendment will also be required to allow for the future conversion of the sales office to a fractional ownership unit. A lodge GMQS allotment will be required to accommodate the increase in the Club units' pillow count. A. Insubstantial PUD/SPA Amendment Pursuant to Sections 26.445.100.A. and 26.440.090.A. of the Regulations, the Community Development Director may approve an insubstantial amendment to a final PUD/SPA development plan subject to certain requirements. The specific require- ments, which are the same in both Sections o f the Regulations, and the proposed amendment's compliance therewith, are summarized below. Ms. Jessica Garrow August 15, 2012 Page 3 1. The proposed amendment does not change the use or character of the development. The proposed amendment does not change the use or character of the development. 2. The proposed amendment does not increase overall coverage of structures on the land by greater than three (3) percent. The proposed amendment does not increase the overall coverage of structures on the land. 3. The proposed amendment does not substantially increase trip generation rates or the demand for public facilities. The proposed amendment does not increase trip generation rates or the demand for public facilities. 4. The proposed amendment does not reduce the approved open space by greater than three (3) percent. The proposed amendment does not reduce the Aspen Club Living project's approved open space. 5. The proposed amendment does not reduce the approved off- street parking and loading space by greater than one (1) percent. The proposed amendment does not reduce the Aspen Club Living project' s approved parking or loading space. 6. The proposed amendment does not reduce the required pavement widths or rights-of-way for streets and easements. No reductions in required pavement widths or street rights-of-way are proposed. 7. The proposed amendment does not increase the approved gross leasable floor area of commercial buildings by greater than two (2) percent. The proposed amendment does not increase the Aspen Club Living project's approved net leasable commercial area. Ms. Jessica Garrow August 15, 2012 Page 4 8. The proposed amendment does not increase the approved residential density of the development by greater than one (1) percent. This requirement is not applicable as the Aspen Club Living project does not contain a residential component. 9. The proposed amendment does not involve changes which are inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. The proposed amendment does not involve changes that are inconsistent with the Aspen Club Living project's original approval conditions. B. Lodge GMQS Allotment Pursuant to Section 26 .470.080.3. of the Regulations, the development of new lodge units is subject to P&Z approval. The reconfiguration of Club units number 16 and 20 as three bedroom units, and the conversion of the sales office to a studio fractional ownership unit, will require the receipt of a GMQS allotment for six additional lodge pillows as Section 26.470.020.B. states that each lodge bedroom equates to two lodge pillows. 3 New Lodge Bedrooms x 2 Pillows/Bedroom = 6 Lodge Pillows The proposed reconfiguration will also trigger an additional affordable housing requirement. Pursuant to Section 26.470.080.3.b), the development of lodge units in projects containing less than one unit per five hundred square feet of lot area must provide affordable housing mitigation for 60 percent of the employees generated by the additional lodge units. As the density of the Aspen Club Living project's fraction- al ownership units is less than one unit per five hundred square feet, an additional 0.9 employees must be mitigated based on the requirements of Section 26.470.100.A. 1. 3 New Bedrooms x 0.5 Employees/Bedroom = 1.5 Employees 1.5 Employees x 60 Percent = 0.9 Employees As approved, the Aspen Club Living project's affordable housing mitigation requirement was 18.6 employees. Twelve on-site affordable housing units were - proposed which were credited with housing twenty-seven employees, or approximately 87 percent of the employees generated by the project's fractional ownership compo- nent. As the approved mitigation substantially exceeds the Regulations' 60 percent minimum requirement, no additional affordable housing mitigation need be provided Ms. Jessica Garrow August 15, 2012 Page 5 to accommodate the proposed reconfiguration of the two, 2-bedroom units and the conversion of the sale office to a studio unit. Pursuant to Section 26.470.110.C.2., applications for a GMQS allotment must receive a minimum threshold score in each of the Regulations' community objective scoring criteria. The applicable scoring criteria are contained in Sections 26.470.120. A. and B., and are addressed below. 1. Workforce Housing One point is assigned for each one percent by which a project exceeds the Regulations' minimum affordable housing requirement. As 0.9 additional employ- ees are generated by the proposed addition of three new lodge bedrooms, a total of 19.5 employees are required to be housed. 18.6 Employees + 0.9 Employees = 19.5 Employees The Aspen Club Living project will house a total of 27 employees, which exceeds the minimum requirement by 7.5 employees, or approximately 38 percent. 27 Employees - 19.5 Employees = 7.5 Employees 7.5 Employees + 19.5 Employees = 0.38 As a result, the project is entitled to a score of 38 points as a result of the number of ernployees housed. One point is also assigned for each one percent by which the proposed affordable housing units exceed the minimum net livable area requirements of the Aspen/Pitkin County Housing Authority's ("APCHA") guidelines. Pursuant to Section 12, Affordable Housing, of Ordinance No. 2, three of the project's twelve, 2- bedroom units are required to be deed restricted to APCHA's Category 2 guidelines. Five of the remaining nine units are to be deed restricted to Category 3 while the four remaining units are to be deed restricted to Category 4. The Category 2 units are required to contain a minimum of 850 square feet of net livable area while the Category 3 and 4 units must contain a minimum of 950 square feet. These square footages represent APCHA's minimum requirement for 2-bedroom Category 2,3 and 4 affordable housing units. As the following table indicates, the project's three Category 2 units will contain an average of approximately 902 square feet of net livable area per unit. This figure exceeds the minimum requirement of 850 square feet by 52 square feet or six percent. The remaining nine Category 3 and 4 units will contain an average of Ms. Jessica Garrow August 15. 2012 Page 6 approximately 976 square feet per unit, which exceeds the minimum requirement of 950 square feet by 26 square feet or three percent. As a result, the project is entitled to a score of nine points for the size of the affordable housing units. The total number of points to which the project is entitled in the Workforce Housing scoring category, therefore, is 47 points (i.e., 38 points + 9 points). Table 1 Affordable Housing Units/Net Livable Area Unit Number Net Livable Areal 1. Category 2 4 858 8 924 12 924 Total 2,706 2,706 Sq. Ft. +3= 902 Sq. Ft. 902 Sq. Ft. - 850 Sq. Ft. = 52 Sq. Ft. 52 Sq. Ft. + 850 Sq. Ft. = 0.06 or 6 Percent 2. Categories 3 and 4 1 960 2 961 3 961 5 991 6 973 7 973 9 1,025 10 973 11 973 Total 8,790 8,790 Sq. Ft. + 9 = 976 Sq. Ft. 976 Sq. Ft. - 950 Sq. Ft. = 26 Sq. Ft. Ms. Jessica Garrow August 15, 2012 Page 7 26 Sq. Ft. + 950 Sq. Ft. = 0.03 or 3 Percent Net livable square footage measured pursuant to Section 26.575.020.J. 2. Energy Conservation Scoring for energy conservation is based on an applicant's commitment to obtaining a specific LEED certification level from the US Green Building Council. While Aspen Club Living's PUD/SPA approval does not require that the project obtain LEED certification, the Applicant has committed to significant energy conser- vation measures. Section 22, Energy Conservation, of Ordinance No. 2 requires that the project not exceed the established "Baseline Average" energy consumption of the existing Aspen Club & Spa. In other words, the average annual energy consumption of all uses (i.e.. the Club, the fractional ownership units, and the affordable housing units) will not exceed the Baseline Average for the existing Club. This commitment substantially exceeds the minimum requirement that the project comply with the City's energy conservation regulations. C. General GMQS Requirements In addition to the above minimum scoring criteria, all applications for a GMQS allotment must comply with certain general requirements. The requirements, which are contained in Section 26.470.050.B. of the Regulations, and the proposed amend- ment's compliance therewith, are summarized below. 1. Sufficient growth management allotments are available to accommodate the proposed development. Sufficient lodge GMQS allotments are believed to be available to accommodate the proposed amendment. 2. The proposed development is compatible with land uses in the surrounding area, as well as with any adopted regulatory master plan. Compliance with this requirement was determined in connection with - the Aspen Club Living project's PUD/SPA approval. The Applicant's proposed amendment is consistent with the project's approved uses. 3. The development conforms to the requirements and limita- tions of the zone district. Ms. Jessica Garrow August 15, 2012 Page 8 The Aspen Club Living project' s land uses and dimensional require- ments were established in connection with the receipt of PUD/SPA approval. The proposed amendment will result in no significant changes thereto. 4. The proposed development is consistent with the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval, and the Conceptual Planned unit Development approval, as applicable. The Aspen Club Living project has received both final Commercial Design Review and PUD approval. 5. Unless otherwise specified, sixty (60) percent of the employ- ees generated by the additional commercial or lodge development, according to Section 26.470.100.A., Employee Generation Rates, are mitigated through the provision of affordable housing. The employee generation mitigation plan shall be approved pursuant to Section 26.470.070.4., Affordable Housing, at a Catego- ry 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower Category designation. As approved, the Aspen Club Living project committed to the provision of affordable housing for approximately 87 percent of the employees generated by its fractional ownership component. As discussed previously, the proposed addition of three bedrooms to the project' s Club units will result in an additional mitigation requirement of 0.9 employees. The approved mitigation, however, will continue to substantially exceed the Regulations' 60 percent minimum requirement. No additional affordable housing mitigation, therefore, is required. 6. Affordable housing Net Livable Area, for which the finished tloor level is at or above Natural or Finished Grade, whichever is higher, shall be provided in an amount equal to at least thirty (30) percent of the additional free- market residential Net Livable Area, for which the finished floor level is at or above Natural or Finished Grade, whichever is higher. This requirement is not applicable as the Aspen Club Living project does not include free-market residential units. 7. The project represents minimal additional demand on public infrastructure or such additional demand is mitigated through an improvement proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage Ms. Jessica Garrow August 15, 2012 Page 9 control, fire and police protection, solid waste disposal, parking, and road and transit services. The proposed amendment represents minimal additional demand on public infrastructure. Significant improvements to the area's infrastructure will be undertaken by the Applicant in connection with the development of the project. D. Miscellaneous With respect to Section 26.470.070.4., Affordable Housing, the P&Z has previously determined that the Aspen Club Living project's affordable housing mitigation units comply with all applicable APCHA requirements. As no revisions to the number and type of affordable housing units to be provided is proposed, further review pursuant to this Section of the Regulations is not believed to be required. Should you have any questions, or require additional information, please do not hesitate to call. Yours truly, VANN ASSOCIAyES, LLC ~SUI11~ann SV: CWV Attachments d:\0[de\bus\city.app\app51807.gmp EXHIBIT CIT , uF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jessica Garrow, 429-2780 DATE: July 27, 2012 PROJECT: Aspen Club and Spa Timeshare: GMQS Review, Insubstantial PUD and SPA Amendment REPRESENTATIVE: Sunny Vann Vann Associates, 925.6958 DESCRIPTION: The Applicant is interested in amending the PUD and SPA to increase the number of lodge pillows in the project. The r project was approved for 20 lodge units: 14 "townhome units" and 6 "club units." As the applicant has prepared for construction, some reconfiguration of internal space in the Club has been explored, which would enable the addition of lodge pillows in the Club Units. The Club Units were approved as four 3-bedroom units and two 2-bedroom units. The applicant is interesting is adding one bedroom to each of the approved 2-bedroom units. This would result in an increase of 4 lodge pillows. In addition, the applicant is interested in allowing for a future change in space for the portion of the Aspen Club that will be used as sales office for the timeshare units. The applicant is interested in converting this space to a new studio unit when the timeshare units are sold and the office space is no longer needed. The request results in a need for a total of 6 new lodge pillows, a PUD Amendment to memorialize the pillow count change, and an SPA Amendment to allow for the conversion of commercial/office space to timeshare lodge. The PUD and SPA amendments are insubstantial in nature. The lodge pillows require a Major Growth Management Review with the Planning and Zoning Commission. These applications can only be made twice a year - on February 15th or August 1501 - and are subject to growth management scoring. The applicant will also need to provide affordable housing mitigation for the increase in lodge pillows. The applicant provided more mitigation than was required as part of the initial review, and can request that the mitigation provided be used for this incremental increase in FTEs. This is at the option of P&Z following a recommendation from APCHA. No exterior changes are proposed, so the project does not require Commercial Design Review. Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.440.090.A Insubstantial SPA Amendment 26.445.100.A Insubstantial PUD Amendment 26.470.050 GMQS - General Requirements 26.470.070.4 GMQS - Affordable Housing 26.470.080.3 GMQS - Lodging Development 26.470.120 GMQS - Community Objective Scoring htto:Ul.,vlvvy.ascenoitkin.com/deots/38/citycode.cfrn Review by: â€¢ Staff for complete application â€¢ APCHA for affordable housing referral â€¢ Planning and Zoning Commission for Growth Management Review â€¢ Planning staff for Insubstantial PUD and SPA Amendments Public Hearing: Yes, at P&Z Planning Fees: $4,410. This includes fourteen (14) hours of staff review time. Additional time over fourteen (14) hours will be billed at $315 per hour. Referral Fees: $945, APCHA Referral Total Deposit: $5,355 Total Number of Application Copies: 13 Copies, (HPC = 12; PZ = 10; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 2) To apply, submit the following information: 0 Proof of ownership with payment. O Signed fee agreement. 0 Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. Il Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 0 Total deposit for review of the application. Il 12.copies of the complete application packet and maps. O An 81/2" by 11"vicinity map locating the parcel within the City of Aspen. Il Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) O A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. List of adjacent property owners within 300' for public hearing O Copies of prior approvals. 0 Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. Il Applicants are advised that building plans will be required to meet the International Building Code as adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application submittal addresses these building-related and accessibility regulations. You may contact the Building Department at 920-5090 for additional information. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, ~ which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: March 20, 2009 at 8:00 AM Case No. PCT19050L4 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-(6/17/06) Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: PROFORMA (b) ALTA Loan Policy-(6/17/06) Amount$ 0.00 A Premium$ 0.00 Proposed Insured: Rate: (c) ALTA Loan Policy-(6/17/06) Amount$ Premium$ Proposed Insured: Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: ASPEN CLUB & SPA LLC, A COLORADO LIMITED and LIABILITY COMPANY 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: See Attached Exhibit "A" -TKIN COUNTY TITLE, INC. Schedule A-PG.1 â‚¬01 E. HOPKINS, ASPEN, CO. 81611 This Commitment is invalid 370-925-1766 Phone/970-925-6527 Fax unless the Insuring 277-217-3158 Toll Free Provisions and Schedules A and B are attached. LUTHORIZED AGENT Countersigned: August 1, 2012 Ms. Jessica Garrow Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Garrow: Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of our application for a lodge GMQS allotment and an insubstantial PUD/SPA amendment for the Aspen Club Living project. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Yours truly, ASPEN CLUB & SPA, LLC ' Michael D. Fox, Manager c:\oldc\bus\city.ltr\!tr51807.jg4 r-=Mrm LAND USE APPLICATION APPLIC'ANT: Name: Afpfgh; Cabtb + 6,0~: Â£Â£C LocaU on: /496 046746 64#e ReÂ«r ,..e~reA %ca 2141 / (Indicate street address, lot & block number. legal description where appropriate) Atir,Â·el ff) 4 f R ki(-)11!UÂ·-!)) 27-57/8/3-2049 REPRESENTATIVE: Name: 41)#4< 146/Â«. v,WAJ,1Â«CO-17Â»6, 661 Address: Â¤2=> - At>* 4-822 .1 i r&Â£Â¥:4cr / co & c--2-/ Phone #: qiâ‚¬- 49â‚¬8 PROJECT: Name: ,)5Â«re+4 COZ>r%, Lk/,1-+G:, Address: /466 0997-4 6- 2/\/56 FÂ«>Â«) Phone #: 925 - 290$ TYPE OF APPLICATION: (please check all that apply): U Conditional Use Ed Conceptual PUD U Conceptual Historic Devt. U Special Review [jÂ©-- Final PUD (& PUD Amendment) U Final Historic Development E] Design Review Appeal U Conceptual SPA U Minor Historic Devt. - < GMQS Allotment [2' Final SPA (& SPA Amendment) U Historic Demolition Ed GMOS Exemption El Subdivision El Historic Designation U ESA - 8040 Greenline. Stream E] Subdivision Exemption (includes U Small Lodge Conversion/ Margin, I lallam Lake Bluff, colidominiumization) Expansion Mountain View Plane Lot Split U Temporary Use [3 other: Lot Line Adjustment E] Text/Map Amendment EXISTING CONDITIONS: (description ofexisting buildings, uses, previous approvals. etc.) 499 4-rrÂ«Wen ArrotÂ«-rtÂ«i PROPOSAL: (description of proposed buildings. uses, modifications, etc.) 4=ee Â«rrÂ«14an Affft>/640*, 2,4 Have you attached the following? FEES DUE: $ 95â‚¬5- - [2'~Pre-Application Conference Summary 2''Attachment #1, Signed Fee Agreement Ef Response to Attachment #3, Dimensional Requirements Form ~Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards m El EXHIBIT ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: 4-yekl <g-Â£2>rÂ·S UJ /1-Kh Applicant: ASBER CLer,4 19-\ , an Location: /<09> Or-/973Â«- 64/1 e rrog n 7.one District: /941 6Â£2:nAL- -El,r,eN-r-, 44.- Ctobb~ 3Â·rth 1 Â»t Size: /. '70 0<*:71265 Lot Area: /7/, 04-7 (for the purposes of calculating Floor Area. Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: Number o f residential units: Existing: Proposed: Number of bedrooms: Existing: Proposed- Proposed % of demolition (Historic properties only): DIMENSIONS: 46;6 -1Ap=Â£/C,47-76/4 Floor Area: Existing: Allowable: Proposed. Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On-Site parking: Existing: Required: Proposed: % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined F/R: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Distance Between Existing Required: Proposed: _ Buildings Existing non-conformities or encroachments: /<64 Variations requested: A. 4. Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Property Phone No. Owner ("1") Email: Address of Billing Property: Address: (subject of (send bills here) application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. 945 flat fee for APCHA (Housing) 0 Select Dept $ i flat fee for - 0 Select Review $ flat fee for Select Dept 0 $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. 1 understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $4,410 14 deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $315 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Property Owner: 'dED/Â£2*/a<-75 1914, U~- Chris Bendon / Community Development Director Name: - + Title: City Use: 5355 Fees Due: $ Received: $ Januan: 2012 City of Aspen 1130 S. Galena St. 1 (970) 920-5090 Easy PeelÂ® Labels ' A I Bend along line to i ~ 7 Use AveryÂ® Template 5160Â® 1 Feed Paper expose Pop-Up Edgeâ„¢ 1 MORRIS CLIFTON H JR & SHERIDAN C MRK ASPEN INVESTMENTS LLC MUNVES ANDREW 1409 INDIAN CREEK 34 W DILIDO DR PO BOX 24 WESTOVER HILLS, TX 76107 MIAMI, FL 33139 ASPEN, CO 81612 NATHANSON FAMILY TRUST NOVAK JEFFERY T & KATHERINE PIKE OTTE WILSON MICHAEL 101 OCEAN AVE #C-600 1463 UTE AVE 1280 UTE AVE #16 SANTA MONICA, CA 90402 ASPEN, CO 81611 ASPEN, CO 81611 POLGRAVE INVESTMENTS LTD PANTHERA LLP POGLIANO GINA PAAST 140 FOUNTAIN PKY STE 420 1467 UTE AVE 2121 PONCE DE LEON BLVD, STE 650 ST PETERSBURG, FL 33716 ASPEN, CO 81611 CORAL GABLES, FL 33134 POWDER HOUSE CONDO ASSOC PUBLIC COUNSEL OF THE ROCKIES RABINOW RICHARD A & KATHRYN L E 1280 UTE AVE #16 1280 UTE AVE STE 4 3711 SAN FELIPE #12-I ASPEN, CO 81611 ASPEN, CO 81611 HOUSTON, TX 77027 RC ASPEN TRUST REESE JOHN W ROESER ELLEN QPRT 222 N LASALLE ST #800 257 EASTWOOD DR 1900 HIGHLAND PARK CIR CHICAGO, IL 60601 ASPEN, CO 81611 FORT WORTH, TX 76107 SALVADORE TERESA SEBASTIAN SEAN DS& AMY PS SHARPE HOLDINGS LP ARMSTRONG BERNARD & TATIANA 321 GRANT ST 10490 WILSHIRE BLVD #1603 1122 COUNTY RD 106 SEWICKLEY, PA 15143 LOS ANGELES, CA 90024 CARBONDALE, CO 81623 SMITH BRADLEY & DOLECKI SMITH SHELDON ROBERT & BARBARA SHUMAN RUTH L JENNIFER 11 BROOKSIDE DR 1120 PARK AVE 1455 UTE AVE WESTPORT, CT 06880 NEW YORK, NY 10128 ASPEN, CO 81611 STILLWATER RANCH OPEN SPACE UHALT HUGH C VALLEY GROUP LLC ASSOC - 634 CARONDELET ST 3001 HILLSBORO RD PO BOX 11597 NEW ORLEANS, LA 70130-3504 BRENTWOOD, TN 37027 ASPEN, CO 81612 WAYNE WILLIAM & MARSHA TRUSTEES WILSON MIA & STEVEN WILSON THOMAS H 1483 BONNYMEDE DR 1465 S UTE AVE 645 E BLITHEDALE AVE SANTA BARBARA, CA 93108 ASPEN, CO 816112813 MILL VALLEY, CA 94941 WISE HUGH D 111 WISE MARY 0252 HEATHER LN 1280 UTE AVE ASPEN, CO 81611 ASPEN, CO 81611 Easy PeelÂ® Labels ' A I Bend along line to i ~ AVERYÂ® 5160Â® I Use AveryÂ® Template 5160Â® Feed Paper expose Pop-Up EdgeTM ALPHA FAMILY TRUST 10TH MTN DIVISION HUT ASSOC INC 1280 UTE LLC C/O SABAN CAPITAL GROUP INC 1280 UTE AVE 1280 UTE AVE #16 10100 SANTA MONICA BLVD #2600 ASPEN, CO 81611 ASPEN, CO 81611 LOS ANGELES, CA 90067 BASS EDWARD P ASPEN CLUB BEHRHORST DAVID G C/O DORSEY CROUSE 1450 CRYSTAL LAKE RD 1280 UTE AVE STE 32 201 MAIN ST #2700 ASPEN, CO 81611 ASPEN, CO 81611 FORT WORTH, TX 76102 CITY OF ASPEN BURGESS JOHN K & ELIZABETH CLINE LEONARD J ATTN FINANCE DEPT 25 CHESHAM ST 634 CARONDELET ST 130 S GALENA ST LONDON UK SWX 8NQ, NEW ORLEANS, LA 70130-3504 ASPEN, CO 81611 COLEN TRUST COTE RICHARD CRICENTI-MUNVES PALMIRA 25 ORINDA WY #300 1280 UTE AVE PO BOX 24 ORINDA, CA 94563 ASPEN, CO 81611 ASPEN, CO 81612 FALLIN RICHARD ALDEN FARVER JOAN LIVING TRUST FRETZ BRUCE R & BARBARA B PO BOX 6819 617 FRANKLIN PL # 200 1432 CRYSTAL LAKE RD #2B SNOWMASS VILLAGE, CO 81615-6819 PELLA, IA 50219 ASPEN, CO 81611-2250 GIBSON DYLAN J GOODMAN HERBERT I & MARY K GOODMAN LEONARD C 1280 UTE AVE 5710 TECUMSEH CIR 222 N LASALLE ST #800 ASPEN. CO 81611 HOUSTON, TX 770571317 CHICAGO, IL 60601 HALCYON ASPEN LLC GORDON JOHN CHARLES HAHN TRUST C/O SMITHFIELD FOODS PO BOX 69 1650 FARNAM ST 200 COMMERCE ST TWIN LAKES, CO 81251-0069 OMAHA, NE 68102 SMITHFIELD, VA 23430 HART H RODES & PATRICIA I HEAD FREDERICK F HOFFMAN EVELINE REV TRUST 3001 HILLSBORO RD 1451 UTE AVE 1427 CRYSTAL LAKE RD BRENTWOOD, TN 37027 ASPEN, CO 81611 ASPEN, CO 81611 LUTTRELL MARTHA HUNT SUSAN M & HELEN M JONES WARREN D & KATHLEEN K C/O FRANCIS & FREEDMAN 15700 S PARK BLVD 2105 LEE SHORE PL 501 S BEVERLY DR 3RD FL SHAKER HEIGHTS, OH 44120-1670 WILMINGTON, NC 28405 BEVERLY HILLS, CA 90212 MANAGING SPACES LLC MCCLAIN PETER K MITCHELL TODD PO BOX 4362 1461 UTE AVE 1280 UTE AVE #7 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 @tiquettes faciles & peler i Repliez & la hachure afin de ~ www.avery.com ~ Sens de ! Utilisez le aabarit AVERYÂ® 5160Â® . ravaler le rebord POD-UDTM ! 1-800-GO-AVERY RECEPTION#: 571827~ 04:00:31 PM, 08 <2? 1 OF 71, R $361.00 ~ ORDINANCE ./............... ORDINANCE NO. 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 Timeshare, 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 standards, the Community Development Department recommended the Applicant amend the proposal to better comply with the requirements of a Specially Planned Area (SPA), a Planned Unit Development (PUD), 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) timeshare 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 frOIn 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 Timeshare; 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 1 of 20 develop a sub-grade garage, twenty (20) timeshare 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 Margin Review and twelve (12) Affordable Housing Growth Management Allotments, and recommended the Aspen City Council approve a Final PUD, Final SPA, Final Timeshare, Rezoning, one-hundred and twenty-four (124) Multi-Year Lodge Growth Management Allotments (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 o f 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, pursuant to Section 26.310, the City Council may approve a Rezoning, 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 26.440, 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-Year 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/SPArrimeshare/Growth Management/Subdivision 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 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, during a duly noticed public hearing on February 8,2010 and February 22, 2010, March 8, 2010, March 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 Timeshare, 124 Multi-Year 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 Standards o f 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 standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements ofthe Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and wel fare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: 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 (124) Multi- Year Lodge Growth Management Allotments [one-hundred and twelve (112) from the 2009 Growth Management Year and twelve (12) from the 2010 Growth Management Year], and Subdivision, subject to the following conditions. Section 2: Subdivision/PUD/SPA Plat and Agreement The Applicant shall record a Subdivision/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 character, 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 I.ot 2 shall be Lot-15-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 condominiumize the timeshare units after 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 cencurrently with the Condominium Plat and Declaration. 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 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. Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 4 of 20 RR Dimensional Proposed Dimensional Requirements for subdivided lots Requirement Lot 1: 161,251 sq. ft. Lot 2: N/A Minimum Lot Lot 3: 14,328 sq. ft. Size Lot 4: 25,851 sq. ft. Lot 5: 11,332 sq. ft. Minimum Lot Area per N/A dwelling 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 Iopof 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 Comer: 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 Requirement Minimum % N/A Open Space Total FAR: .55:1 Total: 94,750 sq. ft. Allowable Multi-family (affordable housing units): 12,390 sq. ft. Floor Area Lodge: 50,490 sq. ft. (Townhouse Units: 34,410 sq. ft.; Club Units: 16,080 sq. ft.) Commercial (Club): 31,870 sq. ft. 132 spaces total: Minimum Off- Lodge: 20 spaces Street Parking Aspen Club and Spa: 95 spaces (60 spaces on Lot 1; 35 spaces on Lots 14A & 14W) AH units' 17 spaces 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 ancl/or third party investors. (b) Supporting cost estimates for all improvements covered by the requested Building Permit shall be prepared 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 necessary 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 Meeting I-lie Applicant shall conduct a pre-construction meeting with the City Community Development Staff prior to submittal for a building permit application. This meeting shall include 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: Building 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 :o 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 architect 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 o f approval printed on the cover page o f 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 margin area and the stability of the hillside above the trail. Section 9: Engineering 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 ManagemenUSubdivision Page 7 of 20 ['he 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 is prohibited 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.I.) 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 7 he 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. A. of net livable area 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 timeshare units. The affordable housing units shall be owned and managed by the Aspen Club and Spa. More detailed information regarding the management and maintenance of the units shall be provided to APCHA with the proposed deed restriction prior to CO. Ordinance No 2, Series 20 ] 0 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 8 of 20 Fhe owner shall have the right to rent the units to qualified employees of the Club. If the owner cannot provide a qualified tenant, the units shall be rented through APCHA's normal advertising process. At no time shall the tenancy of the units during a lease period be tied to continued employment by the owner. Tenant leases, however, may be terminated for cause or at the end of the lease period upon termination of employment. Each tenant in the rental units shall be required to be requalified by APCHA on a yearly basis. The owner shall convey an undivided 1/10 of 1% ownership interest in the lot on which the units are situated to APCHA. The APCHA ownership interest shall be in perpetuity or until such time as the units are converted to ownership units, 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 are found to be out of compliance for one year, or the owner elects to sell the units, the units shall be listed for sale with APCHA at the categories specified in the deed restriction. The sales price shall be as stated in the APCHA Guidelines in effect at the time of recordation of the deed restriction plus appreciation calculated at three percent (3%) per annum or the Consumer Price Index (simple appreciation not compounded), whichever is less, as of the listing date of the units. If the units are being sold due to noncompliance, all of the units shall be sold through the lottery system. If the owner elects to sell the units, the owner may choose 1/3rd of the initial buyers provided they qualify under APCHA's top priority for the unit. If the owner elects to sell the units, or they are required to be sold due to noncompliance, owner shall condominiumize the units and form a condominium association for the management and maintenance thereof. The affordable housing association shall be separate from the fractional ownership unit's association. In the event the rental units are required to become ownership units due to noncompliance, .APCHA or the City may elect to purchase them for rental to qualified tenants in accordance with .\PCIIA Guidelines. The affordable housing commitment made by the Applicant pursuant to this Section represents in part a voluntary 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 Mitigation 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 Management/Subdivision Page 9 0 f 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. I'he 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 Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Utility placement and design shall meet adopted City of Aspen standards. Each of the units within the building shall have individual water meters. Nothing from the 1976 PUD water rights agreement may change as part of this current project. 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 INB 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 sanitary sewer line currently running through the proposed development, the proposed relocation of this main ACSD sanitary sewer line must be approved by the District's consulting engineer and board of directors prior to the district committing to serve this application. The district will require a written verification from the Applicant that the revised sanitary sewer service for the Silver Lining Ranch is acceptable to the current owners of the Silver Lining Ranch property. Since it is apparent at this level of approval that the district's main sanitary sewer lines will be modified to serve the new proposed development, a line relocation request and collection system agreement are required. Both are ACSD Board of Director's action items. New easements will be required for the sanitary relocation according to standard district form. Additional access and maintenance easements may be required depending on the final sanitary sewer utility plans. Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth ManagemenUSubdivision Page 10 of 20 Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. The Applicant shall bear 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 aware of when filing a building permit include: a prohibition on engine idling, regulation of fireplaces, fugitive dust requirements, noise abatement and pool designs. The Applicant must meet all applicable requirements associated with the new pool. Wildlife protection/enclosures for the trash and recycle area is required. The Applicant will be subject to the TDM/Air Quality Impact Fee in place at the time of Building Permit submittal. Section 17: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. No exterior lighting shall be permitted in the stream margin 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 margin 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. l'his shall be conducted after 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 a back-up method of counting traffic in the event that the Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 1 1 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 i f needed. I f 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 Management/Subdivision Page 12 of 20 the new trail. This trail shall not be used for or provide access for any construction activities. ~I'his 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 Parks Development Impact Fee in place at the time of Building Permit submittal. Section 20: Parking No parking 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: Energy Commitment (a) An audit o f the gas and electrical energy consumed by the existing 77,000 square 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 1, 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/Timeshare/Growth Management/Subdivision 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. Ce) 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 ritle, 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 Ow-ner 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 o f the audit in which to make such changes in the operation o f 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) Similar audits will be performed four years 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 a non-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. I f said fifth year audit determines that the energy consumption of the Property exceeds Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 14 of 20 the Baseline Average, the Club Owner shall be obligated to provide an additional energy consumption audit six years 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: â€¢ Program Development and , steam room in men's and women's Programming (as defined herein and locker room in Exhibit F to this Ordinance) , sauna in men's and women's locker â€¢ structural improvements throughout room Club â€¢ retiling and regrouting in wet areas â€¢ new entryway o f locker rooms â€¢ underground parking â€¢ updated spa rooms â€¢ safer access to Club , massage tables â€¢ upgraded HVAC system â€¢ new carpeting throughout Club â€¢ new heating and cooling control â€¢ new furniture in reception area systems â€¢ new patio furniture and umbrellas on â€¢ clean energy initiatives such as outdoor deck geothermal and solar , update salon â€¢ upgraded insulation â€¢ salon furniture and fixtures â€¢ fix snowmelt â€¢ phone system â€¢ refurbished cardio room â€¢ repair roof â€¢ new weights in weight room â€¢ employee lounge furniture â€¢ new cardio equipment in cardio area â€¢ TRX System â€¢ painting â€¢ entrance to Yoga Studio â€¢ performance center â€¢ cord coverings on Cardio Deck â€¢ yoga studio â€¢ TVs â€¢ new spinning bikes â€¢ spa entrance area â€¢ new power tap equipment â€¢ signage â€¢ swimming pool â€¢ replace steam units â€¢ lockers in men's and women's locker â€¢ equipment in spa room â€¢ 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/Timeshare/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. â€¢ Program Development and Programming (as defined herein and in Exhibit F to this Ordinance) â€¢ The Aspen Club will be available to host Project Graduation for as long as Project Graduation wishes to be at the Club â€¢ The Aspen Club will be made available for Local Olympic and other elite athletes who wish to train at the Club. â€¢ The Aspen Club will be made available for local Paralympic athletes who wish to train at Club. â€¢ The Aspen Club will continue to host occasional community events and social gatherings. â€¢ Disabled members of our community will be allowed to train on the Aspen Club's Alter G machine for the li fe o f that equipment. â€¢ The Aspen Club will continue to hold seminars and lectures during the year that are open to the public. â€¢ 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 Living 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 shall 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 0 f 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. 1-he 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. Fhe 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: Reporting 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: â€¢ The traffic and TDM reporting and audit procedures as specifically outlined in Section 18 and Exhibit A to this Ordinance, â€¢ 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 repoM shall be required for the life of the recreational club use and shall be submitted on a yearly basis. â€¢ 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 Management/Subdivision 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 cempletion 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 Improvements 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 necessarily limited to, the trail and Ute Avenue improvements set forth at Â§Â§ 10 & 11 herein, the affordable housing described in Â§12 herein, compliance with the public works requirements set forth at Â§ 14 herein, the sanitation district requirements set forth at Â§ 15 herein, the parks plans referenced in Â§ 19 herein, the school land dedication requirement set forth at Â§ 21 herein, the energy commitment spelled out in Â§ 22 herein, and the club reinvestment obligation described in Â§ 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 Rights 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 o f issuance o f the Development Order. 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 be published in a newspaper o f general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation ofa 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/Timeshare/Growth Management/Subdivision 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: Ati material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. 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 timeshare condominium form of ownership remains an approved use of the Property. (iii) The Declaration 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 timeshare 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 separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. rhe 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 8th 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/Timeshare/Growth Management/Subdivision Page 19 of 20 Aspen, Colorado, a minimum o f 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 11th day of January, 2010. Attest: fick,-0 4Â« Kathryn S. ~Ah, City'Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this 44lay of ~4 /b~ 2010. Attest: = *701 6/~/9 14 Kathryn S. 9#h, City tlerk Michael C. Ireland, Nlay or Approved as to form: 201-0 in e,Imu -erry Anorney 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 I-Iave 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 be fore it is conducted. The study shall be used to update this TDM Plan, including but not limited to, listing the Average Annual Daily Ttips, AM Peak Trips, and PM Peak Trips off of Ute Avenue. BACKGROUND rhe 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 o f 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 pen)etuity, 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 variety of tools targeting the following groups: â€¢ 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 â€¢ Employees living on-site in Aspen Club affordable housing â€¢ Club members â€¢ Club guests â€¢ Aspen Club Living owners Ordinance No 2, Series 2010, Exhibit A Aspen Club TDM Plan Page 2 of 12 Ordinance 2, Series 2010 Exhibit A Aspen Club Living - TDM PLAN MATRIX MORE TDM MEASURE TARGETCS) PHASING INFO Shuttle plan approved six months prior to CO. Service in place on date of Fixed route Aspen Club Shuttle All Page 3 CO issuance. Members, owners. Shuttle plan approved six months prior to CO. Service in place on date of On-demand Aspen Club Shuttle ' Page 4 guests CO issuance. Bus pass subsidy Employees Page 5 Already in place -to remain in place as part of this development. Carpool matching Employees Page 5 In place no later than six months after CO issuance. Cal-pool parking Employees Page 6 In place no later than six months after CO issuance. Restricted parking Employees Page 6 In place no later than six months after CO issuance. New hire orientations Employees Page 6 In place no later than six months after CO issuance. Employee incentive program Employees Page 7 In place no later than six months after CO issuance. Emergency ride home program Employees Page 7 In place no later than six months after CO issuance. Member incentive program Members Page 8 In place no later than six months after CO issuance. In place at initial award of employee housing units and to remain in place Housing preference Employee housing Page 8 for all turnover. Employee Car rental discount Page 8 In place no later than six months after CO issuance. housing, owners Employees, Bicycle fleet employee housing, Page 9 In place no later than six months after CO issuance. owners Employees, Carshare plan approved six months prior to CO. Service in place no later Car share program employee housing, Page 9 than six months after CO issuance. owners Monitoring All Page 10 Conducted for five years after issuance of CO Changes to Plan All Page 11 Optional - must be approved prior to submission for building permit Ordinance No 2, Series 2010, Exhibit A Aspen Club TDM Plan Page 3 of 12 Ordinance 2, Series 2010 Exhibit A Aspen Club Living - TDM Measure Detail FIXED ROUTE ASPEN CLUB SHUTTLE 1-he 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, i f permitted, at Rubey Park and other locations in town. d. The shuttle will be publicized in Club marketing 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 partners 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 (4-6:00pm) 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 ofthe 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 Iransportation 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 I-he 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 Ihe Aspen Club will provide reduce priced bus passes for employees to use RFTA. 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 after 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 I'he 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 PARKING 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 & 1 4W 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. Carpool parking 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 after the date of issuance of Certificate of Occupancy. Measure to remain in place in perpetuity unless approved for discontinuance by the Transportation Department. RESTRICTED PARKING 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 after 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 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. 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 gift 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. l'basing 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 o f 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 Pbasing 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: l. 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 a back-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. 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. 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 lf 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 I lealth, 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. Ihe update or this plan and its associated 'IDA 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: â€¢ additional transit service via Club shuttle â€¢ additional contribution to the Cross Town Shuttle â€¢ additional restrictions on employee driving â€¢ additional rewards/incentives programs for employees and guests â€¢ Aexible scheduling for employees to avoid peak hour congestion â€¢ scheduling of club activities to avoid peak hour congestion â€¢ more aggressive internal and external education â€¢ paid parking for employees and guests â€¢ converting parking spaces to carpool only spaces â€¢ 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. 0*linaw 2, 10/0 Exhibits Aspen Club Living Traffic Impact Study prepaTed for: Aspen Club & Spa, LLC Aspen, CO Prepared by TDA Colorado, Inc, 900 E, Louisiana Ave. #100 Denver, CO 80210 Wn@latjaa/,le.221[n / 0,40 D. leÂ·Â·Â·r Rk 1 22 1 Vl, v Dril 34.2\: im w C 7 4:#Chalf# Al V. 94**;-/P,r Under the directlon of DAVID D. LEAHY, P.E. August 4,2009 Aspen Club Living Trame Impact Study TABLE OF CONTENTS INTRODUCTION .. 1 EXISTING CONDITIONS Traffic Vol ..3 Public Transportation.......................................,.....,......................... ..........'...................................... 1 Pedestrian, Bicycle and Equestrian Transportation Traffic Contrnle . ~-5 Turning Movement ancl Daily Volume PROJECT DESCRIPTION ............... FUTURE BACKGROUND CONDITIONS ..9 FUTURE PROJECT TRIPS . â€ž 9 Trip Generation, Standard....,.,..,.,.,,..,.........,....,,,,...,,,..,.,,.......,,.,.. , ..,,-,â€ž- ,. -,,â€ž--,~-, .....................' Trip Distrihlitinn 10 TRANSPORTATION DEMAND MANAGEMENT PLAN. ............13 Phasing of Meast,â€¢- 17 Monitoring Program Trip Reduction with Proposed Management Actions ENVISIONED UTE AVENUE SAFETY PROGRAM PARKING REQUIREMENTS & SUPPLY QUALITY AND LEVEL OF SERVICE ?7 SUMMARY & RECOMMEMDATIONS 24 APPENDIX A 26 Glossary 26 LIST OF TABLES Table 1 Existing Site Vehicle Tripq ,.9 Table 2 Vehicle Trip Generation.................,........,...,,.....,.......,..........,.,,. Table 3 Trip Reductions with Proposed TDM Plan ]19 Table 4 Parking Requirements & Proposed Supply, ' 77 Table 5 Quality of Service by Mnrip 73 LIST OF FIGURES Figure 1 Vicinity Map & Traffic Count Locations..............,..... Figure 2 Existing Site Plan.............................~.,.,,,-,â€žâ€ž â€ž,0,0 -,.,~â€žâ€ž- ....., -â€ž., -*â€ž,.â€žâ€žâ€žâ€ž-,-â€ž,,,â€žâ€žâ€ž,.. Figure 3 Existing Design Day Volumeâ€¢ ...6 Figure 4 Proposed Site Plan... ...8 Figure 5 Club Trip Distribution .11 Figure 6 Residential Trip Distribution ,12 Figure 8 Ute Avenue Traffic Calming ,21 8/3/2009 Page i TDA Colorado Aspen Club Living Tral#c impact Sh* INTRODUCTION This report describes rhe traffic impacts associated with the Aspen Club k Spa's planned renovation and residential development project. The Aspen Club is situated between the Roaring Pork 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 fucilities, 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 respect for rhe residents along that 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 ODM) measures are the product of discussions with City traffic management staff, Ute Avenue neighbors, Club management and the professional transportation conmltant engaged for this study. Furthermore, the Club plans to monitor the effectiveness of the TDM plan in reducing siteÂ·based vehicle trips on Ute Avenue by commissioning an annual count of traffic on Ute Ave by mode: private vehicle, bike, pedestrian, private shuttle and RFTA. This report N proented in three major sections: â€¢ Existing Conditions - refers IO roday's traffic, pedestrian, bike, parking, and transit conditions, â€¢ Future Conditions witbour Transportation Demand Measures - a forecast of conditions in the future project completion year with no formal vehicle trip reducrion measures. â€¢ 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. 8/3/2009 Page 1 TDA Colorado Abpâ‚¬,1 Club Living Trqgic Impad Study Main St- (SH 82) NORTH #4 Na to Scale Hopkins Ave 2 0 I CO 0 = 0, C -3. R j 3 C 03 3 0 7 0 - Hyman AvE: - m m m 52 - 3 00 CO I.-I. I. 9 1 F.60*triall J Cooper kve -:hne~Â·Â·.-Â· Cooper rÂ·Â·--1 0 0 Robgy Park Tran,lt 0 1 5 A Durant Ave i Dean Ave 1 Dean Ave - Waters Ave Lasco Ln -) {. te+L-/-7 1 Kev: ~ = Turning Movement Count (4) 2 24 . [1 Foot - = 24Â·hr Dimctional Count (6) . -- -- --t * Â·~e ib ~3 = Daylight Ped/Bike Count (1) Â· Â¢ 4 Figure 1 Vicinity Map a .-. Traffic Monitoring Count Locations \ Aspen Club Uving 3 Aspen, Colorado 8/30009 Page 2 TDA Colorado Cleveland St 1 ASDen ~ ~Cluh & SBa Aspen Chib Living Tra#le impaci Study 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 a pedestrian/bike trail and bridge crossing the river, leading to the Club, Figure 2 shows the existing site layout and access points. 1/0.r . - A -I az~ f *c-AÂ°' . t.0 B ...7 ,.. 4 r.n . . %Â»4~2). ri ' _. V 1 , .4.. 7 A 1 f *06 Â· ,/ N. â‚¬... tEl u ~ 1- i 1 . I .... 0...â€ž 1,832'r,EN, Ur W 1 2 9% t.: 44 , 4 -2*-3/ A-$ 0 5 - T p>k. 1 k - \./7 N 1 . 1 - I- ) ... ....... -0- . //~.j~.. 11 - -1J1-- 111 -Ill ~ 4 41 . -,I 94 /*1 / 41.- 19 0 - FILW~~RA#1 aNAGEM'l 0 A, 1 *Ra : n #. NORTH 11 j V ,Â·4'4 4 tv Figure 2 \.__ 1 1 N./ 3 5 Â° Existing Site Plan Aspen Club & Spa 7,6.â€¢ - Traffic Volumes In October 2008, TDA completed a summary report; with detailed analysis of seasonal traffic conditions in the project vicinity. It compares AugU5t 2008 summer counts with available March 2008 winter counts, as well as the earlier August 2004 summer traffic counts pcrformed at two 1 Letter Report to Michael Fox, Aspen Club & Spa Traffic Count, TDA Colorado, Inc. OÂ©tober 29,2008 8/3/2009 Page 3 TDA Colorado Aspen Club Living Tralfle Impact Study 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 the Aspen Club & Spa, Key findings noted in the TDA 2008 Traffic Count Report are: â€¢ Total weekday traffic volumes in the project vicinity are higher than on weekend days. â€¢ Summer daily traffic volumes are higher than Winter daily volumes. â€¢ Club and Spa daily traffic volume is slightly higher on Friday, as compared to mid week or weekend days. â€¢ Hourly traffic activity at the Club is highest and fairly uniform between loAM and 1PM, and again between 3PM and 6PM for weekday and weekend. . As a "design day" for 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. â€¢ 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. â€¢ During the nine-hour daytime video count, for all arrivals to the Club, approximately 81% are via autos 10% via bicycle and 9% as pedestrians. Approximately 80% of arrivals are via Ute Avenue entrance with 20% crossing the footbridge from Crystal Lake Road. â€¢ 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 volur. 3 than during the AM. Public Transportation RFTA provides both City and down-valley transit service. The Rubey Park transit station is centrally 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 just a few Club members/workers currently use the Cross-Town 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 1 RETA website. 8/3/2009 Page 4 TDA Colorado Aspen Club Living Tragic Impact Sh,dy 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 Fork River along the north side of the Club site. A second trail connecrs the Crystal Lake Road parking lot with the Club site via a footbridge over the River, Traffic Controls Two intersections were studied to asses relative change in volume associated with the Club project. Both intersections are fourÂ·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 rhe Design Day. Total Thursday volumes are also shown at each of the six 2+hour locations. Volumes are based on 7-day late August 2008 counts collected by All Traffic Data Services of Arvada. The highest turning voJumes 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 Figure 3, combining 610 daily Club vehicles on Ute Avenue with the 250 vehicles using Crystal Lake Road indicates a total of 860,vehicle trips attributed to the Club & Spa on a typical summer weekday. 8/38009 Page 5 TDA Colorado Aspen Cilib Living Tra#ic Impaa Study 1 b.) CD O Main St (SI-182) ~4 NORTH \ 19(65) J t_ 81 (187>.. Not to Scale - - ~ ~ v 45 (84)- -44 (79 --.. -J+L. 8 (29) 7 4-- 15(21) h-- ~0 - 133 (&67) 0 â‚¬ 0 . 2 (1) J 4._ 2 (2)\ 01 CD - 0 0 0 40 < . <D .... ~.~ 12 f<% =:; â‚¬ 5 Of 3. 2 -- ite rn 0 -, 3 0, .....R / CD w - ..... : r. . 22= 0 : ... CD v 00 -**Cooper Ave (SH 82~ 49 (78) 3 t.-8 (24) Durant 91 (99)-- --67 (74 ::: ....~~~ 0 1 7 Dean Ave 43 43\ Waters Ave ; i-Ii... i- . 1 ~ Â·*WiakeRd ~ ~7 ~ . j , ~&9390 Ln D! /0-74Â«-P\37-0 -Â«# /& g is\ / .... 298 \\ i Foot path . over river f .5/8,4%,d~ .00*/ ::: :301/ Â¢\ VA 19 (52) J t_ 9 (20) r* Figure 3 .A:,4 70 (54) - - 34 (24) i Existing Thursday 8/21/08 . er 38(31) -4 E- 5 (g)..... AM (PM) Pk Hr Volumes 0,0 r C<*of +Itr & 24-Hour Volumes O*1-....'Im= li --:. Aspen Club LMng A*en, Colorado 12,5 / 81311009 Page 6 TDA Colorado ff ,- (LE) 9 i 1,1) 0 b 3 ~ Aspen il Club I Living , ill Aspen Club Living Trallic impact Study 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, rhe 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 factional units that will be developed within the renovation area. The actual leasable Club area will be reduced from the existing 84,600 SF to about 77,800 SF. However, for trip generarion 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 35 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 on-site below grade parking garage with 53 spaces, 44 aI-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. 8Â¢3/2009 Page 7 TDA Colorado 1 11 1 1 1 Aspen Club Living Tr*Â®c impaa Study i ' 2 1 ' 0 .... J '' / /2*24 ./ ,~393"Pt J.:7 1 --------_1 \ 21 '22/ 1 347 . I -ahâ€¢L I [LotÂ· , 1= It !1 : I t. - t '8.2. f ik jrf / . 1 3$211 P IL.' :r-~ i Â·\Â·c-' --"311\ j' '- nÂ© j~ i.>119* i 'tiA .tftjaa. - ' 1>. , - f i .1 ~,. - 12- 4 Â¥ge!Â·020 LIC===rli'*66~**= 6 1 ~i I U. . 1 Â£, .. d. p Â»f--' 17-1 1 1 5 Mmid f { i : :'' b -I ~ #:.0 Â·-cia -1 -%444' '05 Ill ~ -' ' _dell .. / . . g.,4/ 4;11 - I - = 1-1 - 4 1,\ / 1 ' 91.-LE-_i i i ~---G-r-/ I - =--011.3 // , 21 -%. ri-4/0.*'~3 1. . 1 C ...- rv -,1 â€¢ Â·j & 1 j j ' 7-4%.67--* _= -il . -1 .Ld'it.'. 1,}tÂ¢~tff?73%41(0.t..... ~-:;-.~.Â®~:I 3-2 1 1.. 'e. i jr i / 'Cl-}. i i 1 \ 1. C-:lks,li N&-Lit. 3~,-1*r-* : ffiljSjÂ£X5*4<344&-:~ , [f/j ji: . i . tn C --9 ~ vt,2 c. 2 ;~\' 4,0.- ;--':It94'59.3:.034-%Â© r r.: 4 aby/M'' '' ~ 93~ -1 - 0:Â·:-,--i:~**0~4.-w<.e-~>-4%1-~~23i.-43<44*/, . ..... i ... 41110 h 1--1 1 L- d.lr--7-L -7-*Wal 1 ' t \ Â»All/) h 7 & NORTH ' ' I , / i ' '"I<. *'; j 1---4Â·& Ll. IfiL 17- ~flll@* -I./ I. ; k./ / ., lili'/0 *Â·1 Â· . 1 - 4 I .*#5 / Figure 4 . 11 Â£/ .7-- Proposed Site Plan Aspen Club Uving Aipen, Cologdo 5/3/2009 Page 8 TDA Colorado lili Aspen Club Living nÂ·allic Impacl Study FUTURE BACKGROUND CONDITIONS No roadway or signalization improvements are 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 th is 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 ofÂ·the Club, FUTURE 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 dara 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 fuund in an industry standard reference: the Institute of Transportation Engineers (['IE) publication Tyip Generation (78 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 Estimat:es 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 report, showing Friday as the peak + usage day of the week, with about 860 total daily vehicle trip-ends, 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, rhe current level of travel to the Site is assumed, Table 1 Existing Site Vehicle Trips Aspen Club & Spa Club Member & Employee Trips AM Pk Hr PM Pk Hr In Out In Out via Ute Avenue Entrance 40 14 30 34 via Crystal Lake Road Access 9 7 9 26 Total Peak Hour Directbnal Trips 49 21 39 60 Total Peak Hour Trips 70 99 August 2008 count date, TDA Colorado, Inc. The existing 84,600 SF Club facility currently exhibits the following trip generation rates: â€¢ 10.17 Daily vehicle trips per 1,000 SF â€¢ 0.83 AM peak hour vehicle trips per 1,000 SF â€¢ 1.17 PM peak hour vehicle trips per 1,000 SF 8/3/2009 Pago 9 TDA Colorado Aspen Club Living Tyal}lc Impact Study i Residential Trips The Club and Townhouse residential units will all have lock-off capabilities within each unit, to offer flexibility in use. Each of these lock-off units, referred to as keys, is assumed to generate trips 25 an individual dwelling. These units are assumed to generate trips as shown for the ITE code Luxury Townhome/Condo (#233). The affordable housing 2-bedroom units will not have lock-off capability and are assumed to be renter occupied, functioning similar to the lTE code Mid-rise apartment (#223). Vehicle trip generation is summarized in Table 2, showing total and net added vehicle trips to and from the size. Buildout 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 fIT)M) program, these are rhe 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 With Residential Project and No Trip Reduction Measures Aspen Club Uving Quâ€¢lov Quallity 61;Trl, ~ PMP*HIVTE' PMPil}*TflpBM AN Pll)*VTE f AM PhH, T,lp elds Tot,1 Dal VIE ' Land Uwâ€¢ & UnA, 101 71(p G-*N Câ€¢ n Br~ton coo, ~ Al. z h %O,1 Toi IN OUT Rall *In %OU Tdal IN OUT R,# Trip. Exl,Ung Club Ficill#ll 8(6 KGFA 846 KGFA TDA 1.17 39% 61% 99 39 50 ~ 003 70% 3016 70 49 21 10.17 Proposed Regldential Cllb FleÂ®@flut 3Â·tlim 4 OUS 8 kâ€ž, 233 ~046 23% 17,6 4 1 3 (155 63% 37% 5 3 2 610 Cllb Reild@,â€¢Wt 2-bdun 2 OlA 4 ke,3 2 233 0.56 23% 71% 3 1 2 055 63% 37% 2 1 1 6.20 Townlass RestÂ®Mol; 4-borm 4 DUS B ken 2 233 1 0.56 23% 77% 4 1 3 055 63% 37% 5 3 2 0.20 To,inholee ReS;08NBI,3Â·86/rn 10 00 20 key: 1 233 ~ 0.60 2396 771 12 3 9 Q55 63% 37% 11 7 4 6.20 t24 All),d,ble **4; 2.bdm, 12 Dta 12 *V 2 223 | 039 58% 42% 5 3 2 QN 31% 09% 0 1 2 4.00 56 To(al Propooed RooldÂ«*101 32 52 1 28 9 19 26 15 11 304 Proposed Club&*pa R,no,Illon 78.8 KGFA 846 KOFA TDA 1117 39% 61% 99 39 80 1 0.83 70% 30% 70 49 21 10.17 800 Standard TOTAL Whicle Trip; with Project | PM Peak Hour 127 48 19 , AMPeak Hour 90 64 32 Daily 1,164 Net ADDED VINclo T,lps bofors Tr}p Roductlon _ PM_feak Hour 28 9 19 AM Pia Hour 28 15 11 Daily 304 1) VTE : whtli lp lod(#voldclo DÂ¥,Â·Id G,preurl Ilhar#*begiuvgo,*n dol itip, DICM:p hm 21,;pin~ 21 >ey,â€¢IN,-fol â€¢poic,1,10,â„¢ukpe, d.,111, 32 1- not locule *134 oved .*-re *.c. iTE Trip Gerer*ton Codes : 223 MaÂ·Re#Apervneâ€¢ 233 luxuly Cwdo/Twntag TDA Dertved from A ugus 1 2 008 Cot.rl 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 rite proposed project site during the AM and PM peak hours, It is assumed that existing travel patterns wil| similar for the renovated Club, As presented in the Existing Conditions s-'ction, approximately 8096 of currenr vehicle arrivals access the site via Ute Avenue To park on-site and 20% via Crystal River Road, parking off-site 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. 8/3~7009 Page 10 TDA Colorado 1 2*8 7 ,1 E /O\ 4 f 91 /lim; LO I'l Le @i- 3 M / [%2-- 4- %1, , E.T. i 1 I &; / 1 1 2. Clevilard 84, 4 5 2 22 3 01 â€¢r * 67 west End 1 2 31 $ i 3 Original St g Â»f 1 t i Spring Et ,/ Â·0' ~ f )\ . 1\ - Huntbr St j ixen - b %' %08 i . f. Â¥ 39 & i I f\ fint - Xi Â» L %0 k /%91-A 1%96] 3 *- 9." [%ze] - f- 709 Cry LE 0 PAÂ¥ Uee( [%083 Main St (SH 82) ra , Aspen Club Living Tralfic Impact Study Main St (SH 82) //--t--2&%1 7 NORTH 12% 4 4-[934] Nal *o Scale -- tg ) 1 0 0 C .0 ' ,/ r. 2 - C nte f E. a ~ . Ca 0 0 - el -- - I ... - I . Cooper-Â·Â· --..._ .: .~.. /' Cooper Ave 0 4 1 / g I Â£ 4% (24,61-* *-16% 43 Durant Ave I 9 5% j / ' ~ Dean Ave C /14 Waters Ave 1 LA [30%1 7 + ,Â·-[10%1~ ~./[10~61 : 0}3*Uke Rd t.29Â· 5 UNLn i) ( t1OO% -ng ; Foot path 06.OU ' over river N A -- Â¢ 1 ep 11: 1 -9%- Figure 6 Residential Trip Distribution Percentage ofTotal Trips Fol & FROM 1 flt' Aspen Club Living Aspen, Colondo 100%.1 J [100%1 884009 Page 12 TDA Colorado West End Clevel,rd StÂ·, Pages 13 -19 are replaced with Exhibit A to this Ordinance. Exhibit A is the up to - date TDM Plan. t l Aspen Club Living Tranic Impact Study ENVISIONED UTE AVENUE SAFETY PROGRAM One of the main issues today for the Aspen Club and its neighbors is safety along Ute Avenue, With a few improvements, Ute Avenue today could be made into a much safer street. We would propose: 1. NEW SIDEWALK - As shown in Figure 7, we would propose a new sidewalk to the sourh side of the Benedict Building and the Aspen Club, connecting to 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 Logond OPTfON A OPTION D -- DI,Â®Cllon 011114'01 4 01 Aoidilly \, J 1 3.7 rn (12 M} ~ 37m<12;4) rini-1 rypi#-- 21-Nt <4 1 Mp,Cal i~8';' /Â·tti;*** i .p 1?11 B- #' J~1&*49 -1Qfa* ~~ #43*n *=12:La-FEGM - -/ma-=./. - C / ' 4 f 5 EL" :-A'Â·lf~ 9*11 ; 4,% ...-492.81-1 4:Wie#Wlgay .44=' 1 - i X\\ | ' 0.,rn \ 1 I o,34 titt) )),_*,Omm{,20, it 14 \\ N~ Whitu Mâ€ž,61,9, ,~ Whito 1 t '.talid,19. Source: Manual on Uniform Traffic Control Devices, 2003, FHWA 2. SPEED HUMPS With CROSSWALKS - Two of these are shown in Figure 8: one at Aspen Alps and one at the Ute Trail. Their characteristics include: a. Smooth transition zo and from a flat crosswalk about 3 inches above the existing pavernent surface b, Designed to encourage speeds not exceeding 25 mph c. Pavement markings and advance signs in accordance with tile 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 layour provides a speed hump about 1/4-mile apart. This is generally consistent with speed humps spacing used elsewhere in the Aspen community. 3/3/2009 Page 20 TDA Colorado Aspen Ctub Living Trdic Impact Study Stabon (100 feet each> ~0- |1- |2- |3- |4- |5- 16- |7- |13- |9- |10- |11- |12- ORIGIN/L Ute PI. Parking Cult]~~ Parking 4 - 9 1-_ Ute Avenue <| 1-Speed Bump with Crosswalk Aspen Gant Alps Tennis Aspen Mtn S. Alps l.)&9 Ct Road Road SCHEMATIC UTE AVENUE TRAFFIC CALMING - WEST HALF Station (100 leet each) ~12- |13- |14- |15- I 16- [17- j18- |19- ~20- 121- |22- |23- |24- |25- i i Existing Trail -* i ~ E enedd ASPEN --------3 i Bldg CLUB I ./ C6Â»etery ----------J - 37 1 No Curb ,Â· - '3 7 6 -- PARKING Ute Avenue ~ 1-Speed Hump with Crosswalk ~ No Cufb~ i i.- u* Trail Figure 8 NORTH Ute Avenue Traffic Calming SCHEMATIC UTE AVENUE TRAFHC CALMING - EAST HALFÂ· Aspen club LMng Scale along Ute Ave. centerline is approximate. Width of roads is exaggerated. W14009 Page 21 TDA Colorado Aspen Club Living Tra#!c Impact Study PARKING REQUIREMENTS & SUPPLY Table 4 summarizes the applicable parking code requirements and proposed supply for the project. 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 Club Living City of Aspen Roqujrod Proposed Land Use Units Parking Parking Spaces Requirement 1 Spaces Fractbnal Residental 0.5 spaces per key 40 keys 20 Affordable Housing 1.Ospace per unit 12 units 12 AINetic Club 91 space; 2 92 KGSF 91 Total Required Parking 123 regular I HC On-sile Parking via Ute Avenue 92 5 0#-site Parking across Rlver 35 0 127 5 Total Propoied Parking Supply 132 1) Vann Associates 2) Previously dete,mlned: see text. QUALITY AND LEVEL OF SERVICE 'I'he Transportation Demand Management (IDM) program discussed previously in this report addresses the goal of limiting growth in auromobile traffic on Ute Avenue due to this project. To encourage members and residents to utilize the TDM measures, alternative multimodal options are defined with the TDM, Determining the 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 identify and determine Quality of Service for pedestrians, bicycles and transit. Key to increasing alternative transportadon 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 fur pedestrians, cyclists, and transit users. 8/3/2009 Page 22 TDA Colorado Aspen Club Living Trqglc Impact Study Table 5 Quality of Service by Mode of Arrival Aspen Club Living Quality of Service Considerations Aspen Club Living Pede;trlan On-Site: New Internal walkways connecting to RF River ped bridge will pass through new housing courlyard with â€¢ Presence, connectivity & sidewalk width landscaping, lighting, and banches, connecting to Club â€¢ lateral Separation of Traffic entrance and continuing to Ute Ave for access to transit â€¢ Barriers & Buffers from Traffic stop No driveway Crossings for ped 8058 to transit stop â€¢ Crossing Opportunities New 10' trail along Club's Ute Ave. frontage will connect with Jewish Community Center site on the east â€¢ Delays at Intersections â€¢ Driveway Frequency & Volumes Off-Site: Ute Ave. bike /ped Irail leaves Ute Ave. alignment â€¢ Visitor Experience -120' NW of Club entrance. Club & JCC will provide capital cost for missing Ute Ave link across Benedict property to the west. When constructed, users will have Ute Ave. ped/bike trail continuity from Original to JCC with few driveway interruptions en route. Existing - LOS C Mltlgated - LOS B, LOS A with Benedict link completed 81=12 On-Site: Convenient and addilional blcycle parking will be added near entrances to the Club and clustered near â€¢ Presence of Dedicated Facility residential units. Shared bicycles will be available for â€¢ Network Connectivity employees to use for short trips to town. â€¢ Number & Width of Travel Lanes Off-Site: Off road trail along Ute Ave does not connect to adjacent to Route main entrance of Club. A 26 mph speed limit, relatively low â€¢ Volume & Speed of Traffic vehicle volumes and minimal trucks promote a safe â€¢ Peicent of Trucks & Buses encountered environment for Cyclists on Ute. Ave. Slower, more uniform â€¢ Pavement Condition veh[de speeds via frame calming measures will make Ute more compatible with bicycle riders, Existing - LOS C Mltlwated -LOS B I[inall Currently free RFTA Gross-town shuttle service from Rubey Park 10 Aspen Club via Ute Ave twice per hour, on the half â€¢ Frequency & Hours of Service hour from BAM to GPM. Abundant seating is available even â€¢ Reliability of Service during peak hours. â€¢ Passenger Loads Aspen Club will add a private ahutue serving Beveral hotels â€¢ Travel Times and other transfer points for employeel, memben and residents. Service using mini busea or vang will be from 7AM to DPM, In addition to RFTA. Shuttles will have a get route. Service information will be provided to memberi and residents, as part of marketing. Club will continue to monitor service to meet demonstrated demands. Existing - LOS C Mltlgated - LOS A Automobile Aspen Club Living with TDM plan Is forecast lo add a net increase of 1 AM and 1 PM peak hour trip on Ule Avenue. â€¢ Corridor Travel Â·Times This minimal addition of traffic will not change traffic delay â€¢ Intersection Delay or LOS al the any of the 4 intersections analyzed. Car â€¢ Queue Length travel time will increase 8]ightly with Implementation of tile Ute Ave. traffic calming proposal. 8/3/2009 Page 23 TDA Colorado Aspen Club LIving Trquic Impact Sjudy SUMMARY & RECOMMEMDATIONS The Aspen Club and Spa'5 planned addition of fractional ownership and affordable housing residential units within the existing 5-acre size presents an opportunity to manage transportation demand. By adding residential development (trip producer) to an existing fitness facility (trip e attractor), a palette of opportunities arise for managing vehicle trips to and from the site as a product of increased density and diversity of land use. This type of urban infill provides a larger and more diverse population base for implementing transportation demand management (E>M) tools. As a complement to encouraging alternatives 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 ]ist of TDM tools that can aid Aspen Club members, residents and employees in reducing their dependence on travel by private car. This analysis shows that even moderate trip reduction through application of these tools is sufficienr to achieve a virtual net zero growth in vehicle trips with this new development, For these TDM tools to be successful, an aggressive marketing campaign offering high quality alternative transportation services and a strong incentive program are essential. Monitoring the programs and resulting traffic volumes are key ro 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: â€¢ Providing a regularly scheduled Aspen Club shuttle service to and from the Club. â€¢ Emergency ride home programs for employees, as needed. â€¢ Housing for Club employees on-site. â€¢ Car sharing by being a business member of the Aspen Car to Go program, providing a vehicle stationed on-site. â€¢ Bicycle sharing by providing bicycles available for employees and residents riding to town. â€¢ Negotiated rates for car rentals with local companies to accommodate longer trips for residents or employees. â€¢ Create incentive programs for Club members who walk, ride bikes or take shuttles to the facility. â€¢ Continue to work with local hotel partners in marketing the Aspen Club shuttle services. â€¢ Provide airport shuttle service for resident owners and guests to further reduce their need for personal vehicles while sraying 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 trip5, essentially the same as current peak period volumes. 3/3/2009 Page 24 TDA Colorado Aspen Club LNIng Trallic Impact Study Quality of Service 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 comfort 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 wiU 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 co 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 tbeft{11 extent of Ute Avenue from Original Street to the JCC site. With this provision acting in concert with the amenities stated above, we anticipate ped/bike travelers will experience a two-step level of service enhancement in 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. 3/3/2009 Page 25 TDA Colorado Aspen Club Living APPENDIX A Glossary 8/3/2009 Page 26 TDA Colorado Aspen Club Living Tragic Impact Study GLOSSARY AVO Average Vehicle Occupancy. The average numborof people riding in a vehicle at one 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 rate of growth. Capacity The maximum number of vehicles that can be expected to travel 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 n busy day during the peak business season, but not the busiest. Selection of a design day is often used for determining parking needs and traffic volumes. A facility designed to serve the busiest day of the season would result in substantial excess capacity for at] but a few days of the year, an unrealistic standard. The design day standard provides a balance: adequate capachy for most days oftho year with recognition that it may be exceeded on five to ten days per year. Design Year The year a development in scheduled to open. Headway The time between vehicles moving in tile same direction. Often used to indicate tile frequenoy of buses on a particular bus route. HOV HighÂ·Occupanoy Vehicle. Level of Service (LOS) A measure ofinterseotion or roadway operating quality ranging from LOS A (minima] 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 Thenumber of parking spaces occupied by one unitof measure (c.g., per employee, per apartment) sometimes calculated as pmking generation rate in ITE's Parking i Generation Manual. Pays-By Tr/ps ln the case of a new development, particularly retail establishments; curtain itstaurants, banks, service stations, and convenience markets, #Â·473 are attracted from the passing traffic on adjacent streets - 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 trips. Peak Hour 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 Capacity Pal'king facilities are rarely completely full due to turnover and the di fficulty in finding the few remaining open spaces. For example, for retail customers, practical capacity is 8/3/2009 Pago 27 TDA Colorado Aspen Club Livtng Tratlic Impact Study generally 85% of the supply. For office employees who are familiar with a parking facility, practical capacity generally rises to 95%. Queue Area Storage space of a street or within a parking facility for vehicles entering or exiting, Shared Parking Parking space that can be used to service two or more individual land uses without conflict or encroachment The opportunity to implement sharod parking is the result of two conditions: variation in the peak accumulation of parked vehicles as the result of different activity pattern of adjacent or nearby land usos (by hour, by day, by season); relationships among land use activities that result in people's attraction to two or more land uses on a single auto Dio to a given area or development. Signal Phase That part of a traffic signal's time-cycle allocated to a Maffic movement (e.g., left turns) or a combination of movements receiving the right-of-way simultaneously. SOV Single Occupant Vehicle Traffic Warrants Criteria used to assess the necessity for traffic control devices (e,g. traffic 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 singte or one-direction vehicle movement with either the origin or the destination (exiting or entering) inside a study site. Trip Assignment The assignment of vehicletrip volumes to the roadway network and the assignment of site-generated vehicle nlp volumes to individual driveways/roadways of the development. Trip Distribution The expected directional distribution ofsite-generated traffic on roadway links and intersections within the study area. Trip Ends Onc trip end is equal to one trip. For trip generalion purposes, total trip ends for a land use over a given period of time are the total of all trips entering plus all trips exiting a site during that designated time. Trip Generation The number of trips generated by a development; sometimes calculated in trip ends, as in ITE's Trip Generation Manual. Generally, trips both to and from a development are counted. V/CRatio Volume to capacio, mtio between the flow rate of vehieles and/or people to the capacity of a traffic facility. Italicized ternts ivithin a definition are separately dejined elsewhere Iii the glossary. Sources: TDA hic.. fTE. Urban Land Insfinde, Highway Capacity Manical, FTA, APA. 88/2009 Page 28 ' TDA Colorado EXHIBIT 1 Conceptual Energy & Mechanlcal Systeme Plan: Aspen Cillh Aspen Club Living Conceptual Energy & Mechanical Systems Plan 1300 Ute Avenue Resource Aspen, Colorado Report prepared by: < Engineering Zack Gustafson 4 Group, Inc. August Hast P.E. Resource Engineering Group, Inc. eff,clency â€¢ sustainabluty â€¢ simpficity 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 Summary Goal: The total energy use of the entire 1300 Ute Avenue site after the Aspen Club Living (ACL) development is complete will be equivalent to or less than the site's recent historic energy use. Summary: â€¢ Energy bills over the last three years average 18,600 million Btu/yr or 240 kltu/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. â€¢ 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. â€¢ 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. â€¢ 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 . M Conceptual Energy & Mechanical SyatemÂ® Plan: Aspen Club Sfti01-25 Conce{#94*stem Description Whole site systems: â€¢ A Ground-Source Heat Pump (GSHP) loop field under patios and the parking structure will provide 100% of peak cooling und approximately 40% of peak heating for the entire site. The loop field will consist of approximately 150 boreholes, 200 ft deep and 15 ft apart. â€¢ 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: â€¢ Water-to-water and water-to-air GSHPs will provide space heating and cooling, pool heating, and domestic hot water (DHW). â€¢ A high efficiency condensing-modulating boiler array will provide an auxilliary . heat source for peak heating events. â€¢ One or two larger 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. â€¢ The lower 1cvel spa and massage rooms will be retrofitted with radiant hydronic ceiling panels for heating and Energy Recovery Ventilators (ERVs) for ventilation. â€¢ 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 hot and cold water for heating and cooling. Individual GSHPs for each unit will allow for energy use sub-metering. â€¢ Solar 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: â€¢ 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 the living units. No cooling will be provided for these units. Town homes: â€¢ New town homes 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 hot and cold water for heating and cooling. Individual GSHPs will allow for energy use sub-metering. Page 2 Mule-: . Conceptual Energy & Mechanical Svatems Plan: Aspen Club Section 3: Historical Energy Use Breakdown - Existing Site Energy Use 18,600 Million Btu/yr Snowmelt . Tennis bubble heating ~ . 7% Pool Heating/~ ~ 9% - Lighting & Plugs / 19% / . 7..LW<M. 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: 1 â€¢ 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. â€¢ 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-10 model based on occupancy patterns. â€¢ 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. â€¢ 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. â€¢ Tennis bubble: We created an Energy-10 model to approximate yearly energy use. The model used the approximate dimensions of the bubble, an R-value of 1.7 for the material, a temperature set point of 50Â°F, and the observed nameplate input and output of the bubble's dedicated air handler (80% efficiency). â€¢ 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 821 hours per year of runtime.'125 btu/h-sf energy use. Snowmelt area was modeled at approximately 2500 sf. N Page 3 , -- Conceptual Energy & Mgol-taillsal 9/81ems Pirn: Ampen Club 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: Existing Club Space Heating The breakdown of the existing 20000 energy bills shows an average 01 All energy uses energy use of 7,450 million ; 15000 Â·Â·21>Rif~ff----Â· aSavings -Â·------- Btu/yr of natural gas and 797 watfÂ·#Ke'Â»â€¢-' C: 9--t? o Â·Â·-e..:-Â·:i- 1 Space heating & < million Btu/yr of electricity to ~ *61% 224.-9- 10000 cooling heat and cool the existing c *di?fli-''lt~: ~~ ~ 0 . building. This represents 45% of E :-W.Â·-Â·.tÂ·Â·-7.Â·-. â€¢ 84/fÂ·-9-59.429.-Â· -1 the total use. Using the heating I 5000. .*24.47Â»t... . la-i Â·4-k'Â·96Â· 0Â».- Â· - system described in Section 3, 1.'*W=,Di" .= - &}JIll-= cÂ©Af-Â·72... 5,625 mittion Btu/yr or 30% our analysis shows a 68% - reduction in the energy required Total Site Existing Use Reduced Use for space heating resulting in Energy to meet cooling demands of the existing club. The increase is extremely small due to the savings in total energy use for the existing building. Cooling energy will increase slightly use of primarily evaporative cooling. Lighting and plug loads: Existing Club Ughtlng and Plug Loads Energy use by lights and 20000 equipment totals 3,523 million It. All energy uses 19% of total yeaIly energy use. 5 tifiS~ Btu/yr (1033 MWh/yr), orabout â€¢ 15000 Â·Â·t~*jig,JE~-'~-"" u savings ......... This can be reduced as part of - 1:)*%Â¢j*imt LIghting & plugs the renovation using lower 2 ..4-:irâ„¢res. Â· r.,2.fiar#40 wattage lighting and control = iter&Â·eâ€¢.ma,R strategies that turn off lights and 1 5000â€ž.'93**32........................ -713--- ~AWS@Se.Ii//// equipment when they are not in 3,523 2,810 use. A 20% reduction in lighting Â· and plug loads in the existing Total Site Exisung Use Reduced Use Energy . building results in 713 million Btu/yr, or an additional 4% savings in overall energy use. . . . Page 4 - . Conceptual Energy & Mechanical Systems Plan: Aspen Ctub DHW: Existlng Club Domestic Hot Water The energy spent heating water 20000 for domestic use represents ,-Vp 29A11 energy uses 3,170 million BtWyr or about k 15000 -Â·~ -- - - 18% ofthe total site energy. The # al Savings 3 majority of this is for laundry M N DHW and showers. Using GSHPs, we = 10000 -Â·M....Ir--- ......... 0 can reduce energy use by 50%. E which results in a savings of ' Z 5000 -.~ ................................. 1,670 million btus/yr or 9% of the overall energy use. Solar - - 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: Existing Club Pool Heating The development plan includes 20000 a major renovation to the pool facility. A new building , 1, 15000 Â·Â·-#*@1*!*~R--Â·Â·Â·.-- envelope and air handling + .~-:ga*weeaa St All energy uses system will greatly increase â€¢ 10{)00 ,gm~........ m Pool heating indoor air quality and thermal 3 comfort in the space, but will m --LL_--1.%.=t- E 5000 -'~ ................................. - result in a small increase in pool energy use. Solar thermal panels 1,733 1,860 . were not modeled, but could provide additional energy Total Site Existing Use Incresed Use Energy savings. Tennis bubble: Existing Club Tennla Bubble Discarding the tennis bubble 20000 and its hcating system, as anme:.13-1*-fYi 1 All enerÂ·gy uses planned, represents a 7% *15000 -~ msavings ~ savings. The bubble is a fairly 3 Â·.wÂ·Â·=aaa--Â·.... . ;M.**1*etÂ¥,"- .m 4 Tennis bubble simple structure with a m 10000 -~Â¤0F~Â· straightforward heating system 3 and is easily modeled. Our Â£ 5000 -425&Â£2.----~----~*. --------~~---- model predicts an average 'ACâ‚¬#mt*49,49% energy use of 1,224 million Btu/yr of natural gas and 103 Total Site Existing Use Reduced Use million Btu/yr of electricity for Energy fans and lighting. This is based on the optimistic 80% nameplate efficiency of the existing heating system, continuous conditioning to 50Â°F, and a generous R-1.7 insulation value for the skin of the bubble. . Page 5 f Conceptuai Ene#'gy & Mechanical Systems Plan: Aspen Ctub Snowmelt: Existing Club Snowmelt 20000 The proposed area for snowmelt *35Â·42â‚¬92.-t is 550% greater than the 7/44--94Â· 1....14. existing area, increasing the - 15000 Â· Â·*1-0L>3-3:*:4Â·-Â·Â·Â·---Â· Â·Â·Â·-...... 8 Al energy uses energy used. We estimated the 3 14.j-{;i:=4-42 0 Snowrnelt .r. :.:_ *. I::p increased use with calculations 9 10000 t.i i...4.!ifÂ» : based on the Aspen-Pitkin 69Â·zÂ· -0 57 Â· 6â‚¬q. Energy Code and historic 94 5000 Elit>.f.fl--*-_.............................,........ snowfall data for the Aspen /;-T- 4.-9. 2 C 23Â·24-2 -f= i.-p.Â· area. k... 4 .LULâ‚¬UJ 581 Total Site Existing Use Increased Use Energy Energy Savings Plan Summary: The above savings measures in addition to incmased energy use for pool heating and snowmelt, yield a total energy savings of 6,370 million Btu/yr or 34% 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% \ . -4 -. 1- 6/9/'ll 6 Snowmelt / \ _Ughting & Plugs 18% 15% heating - - 0% Pool Heating 10% Page 6 i-Illillillâ€¢ 1/ I li ill Conceptunt Energy & Meclignical Sys:eme Pier: Aspen Club Section 5: Final Development Energy Use 1 New Energy Use housing - - ~-- ~ 18,600 Million Btu/yr or less Affordable 2% Townhomes--.- %laillillillill:,A 1 8% Club residential /~ ~ units -7 3% The energy use of the affordable housing, town homes, and club residential units shown in the graph above are based on Energy-10 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 kBtuisf/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 the cushion to absorb differences between planned energy use and the actual future energy use of the site. Page 7 - -.-/1- -. OmdinG,U 2 01-Ol O B*hibil- O .. .1.T ) .2.2 t \ \%!be,Ih, ":---.~513,7,71?fllm~1@2 . , A h U 1 , 1 ...\ - 1 I :1' E.-mell \HU 2 \\ r 011_ I il 1 1 w.:,d,Fil 4 -47â€¢ 1ht' x j / - tTN3*- HI, ~Tl~~*ATER ~ANCM I /01 Of --/ 12.)JS , / / i N ' 5-,Wlhpul DÂ» 35 . ' \ luz a. En/1 32~3331 M-< - 7 -St:d - UmNmlik_ - _ \ AHU 3 1 \ \ 1 11 0- . * $ 1 1 \ , 1- - 4, P / / 'NA -1 - - \ - t. \ 1,\ r---- 1 / / ./ \ \ 1 // / 11 \\5 41 1 i t i.\ / \ -..1 1 1 Â£ 1 f. 1 1 7--7-Ill AHU 4 --~ i ' 1 1' 1 1 -1 . 1 / ' J , 11 b , 1 -1- L _ / / f 111 -- 0 , 1 :1 1 i : ill 1 , / f , 1 , Dtp FITTING. -1 0 ' '1 H23 6"0 -- ' 7 / 4 p .* i 1 , . . ..fip. I,/ LEGEND U %.. 0. 7 .... 2, 1 / R./1 ..... j /. PER S.-TER ./.1-4 U'll// -â€¢â€¢ 11 1 , 1 li . liwo ... ./6 -0, .4., 1, / '' Service 1 , . -... 3 / ./.log ./.. I'll-4, Yord i / 1 -Cro/,0 GU ./-U-.I ~ef~,Le / E,e. / -. I.-4 -4.1 -- ---1-_ /'/*S. CU -0~-.I 5 , CZE=23 ..... .U..., - 1- - 1 1 6 // 1, lu 1, GRAPHIC SCALE 1 11 1 0 , ' ....... ~A~eÂ· ./CÂ».el..... . 4 1, 1 1 : {.-, / -I .Aa â€¢- 1 .r +4 ...... PREUMINARY . 1 6 SCHMUESER GORDON MEYER . - D NCT 118 â€¢ 6* Sir-Su. 200 Aspen Club and Spa CUL-DE-SAC u 1 FOR G,Me,68Â§'Â·,51'*75#181.0 CONSTRUCTION er..T=...UR , -int.d An.. 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Te lb.d.r.....d r.rkiag / / / ASPEN CLUB LIVING ........ 0,9-11.0-4 Asp- CO PÂ®$S -2,"I"'* ......O L......../.- I 2.-/6.-9 MOZÂ» A.,4, AS@OCIAr,3.1,â€¢C 9 =.In FINAL PUD / SPA DEVELOPMENT PLAN FINAL Pl~,S,Pâ€žAâ€žA=Pâ€žP,-L1CA~% 05 Ordinance 2, Series of 2010 Exhibit F Aspen Club Living Envisioned Programming May 11,2010 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 year. 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 toward 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: â€¢ Pre-program interviews with a program guide â€¢ Initial consult with a program guide â€¢ 50-minute Sports Medicine consultation â€¢ Laboratory testing â€¢ DEXA Body Composition â€¢ V02 Min/Max â€¢ Metabolic testing â€¢ Two exercise physiology consultations (testing strength and flexibility) â€¢ Nutrition consultation â€¢ Two Performance Enhancement sessions â€¢ 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 Club WeiÂ·Â·:ht Management Permanent weight loss and maintenance depend on following a long-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 Integrative 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 - Corporate/Professional Sports Team Retreats Currently the Aspen Club does a limited number o f corporate retreats each year. We plan on growing this capability to create a corporate/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. IIigh End Sports Training. Aspen Club Living - Life Enhancement Program 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: â€¢ Classes, workshops, group discussions and fitness activities â€¢ Medical evaluation during the program and personal time with a physician to review results Â· Group exercise classes Â· Spa services Â· Nutritionally balanced gourmet meals each day â€¢ Use of all Aspen Club facilities Examples of envisioned programs include within Life Enhancement: Heart Health fhis 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. Ongoing Workshops, Retreats and Seminars We will hold an array of weeklong workshops for yoga, Pilates, meditation, cancer survivors, biking, hiking, skiing, snowboarding, 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. Similar 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 I he 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 are looking to expand from two areas to three areas 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 planning three very different outdoor areas. 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 area 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 are planning a neat Yoga, Pilates and Tai Chi area 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 awkward 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 Northstar 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 EXHIBIT : RESOLUTION N0.17, (SERIES OF 2011) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING FINAL COMMERCIAL DESIGN, FOR THE DEVELOPMENT OF SUB- GRADE PARKING, TWENTY TIMESHARE UNITS, AND TWELVE AFFORDABLE HOUSING UNITS FOR THE PROPERTY LOCATED AT 1450 CRYSTAL LAKE ROAD (THE ASPEN CLUB), LEGALLY DESCRIBED AS LOT 15 OF CALLAHAN SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-181-32-019 WHEREAS, the Community Development Department received an application from Aspen Club and Spa, LLC, represented by Sunny Vann of Vann Associates, LLC requesting approval of Final Commercial Design Review for a subgrade garage, twenty (20) timeshare units and twelve (12) affordable housing units, and to redesign existing commercial spaces; and, WHEREAS, the Applicant received Conceptual Commercial Design Review from the Planning and Zoning Commission on April 1, 2008 via Resolution 9, Series of 2008; and, WHEREAS, the Applicant received final Specially Planned Area (SPA), final Planned Unit Development (PUD), final Timeshare, Stream Margin, Affordable Housing Growth Management Allotments, Multi-Year Growth Management Lodge Allotments, Rezoning, and Subdivision, to develop a sub-grade garage, twenty (20) timeshare units and twelve (12) affordable housing units, and to redesign existing commercial spaces, from the Aspen City Council on June 1,2010 via Ordinance 2, Series of 2010; and, WHEREAS, the Applicant requests approval by the Planning and Zoning Commission for Final Commercial Design Review; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the application; and, WHEREAS, during a duly noticed public hearing on September 6,2011, the Planning and Zoning Commission approved Resolution No. 17, Series of 2011, by a five to zero (5 - 0) vote, approving Final Commercial Design Review; and, WHEREAS, the Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment; and, l WHEREAS, the Planning and Zoning (lommission finds that the development proposal meets or exceeds all applicable development standards; and, RECEPTION#: 582728, 09/14/2011 at 09:40:14 AM, Resolution No 17, Series 201 1 1 OF 9, R $51.00 Doc Code RESOLUTION Page I of 2 Janice K. Vos Caudill, Pitkin County, CO WHEREAS, the Planning and Zoning Conmlission finds thal this resolution ftitlhers and is necessary for the promotion of public health, salk:ty, and welfare. NOW, THE.111(FORE HE 1'1' RESOLVED HY '1'1116 PLANNING AND 7.ONING a)MMISSION OF THE CITY OF ASPEN, COLORADO THA'1': Section 1: Pursuant to the procedures and smndards set foith in Title 26 of the Aspen Municipal Code, the Planning and Zoning Conunission hereby approves Final Commercial Design Review for the redevelopment of the Aspen Chib (originally approved in Ordinance 2, Series of 2010), as illustrated in Exhibit A. In addition, the materials shall be consistent in quality and color among the different rises on the site. Section 2: All inatei ial representations and commitinents made by the Applicant pursiiant to the developinent proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, ai-e hereby incorporated in such plan development iti)provals and the same shall be complied with as if t'lilly set forth herein. unless mnended by ati authorized entity. , ection 3: l'his Resolution shall not affect any existing litigation and shall not operate ils an abatement oi Miv action or proceeding now pending under or by virtue of the ordinances repealed or aniended iii herein provided, aild tile same shall be conducted and concluded under such prior ordiliallecs. Section 41 litiny section, subsection, sentence, clause, phiase, or portion of this Resolution is fur any reason 114:ki invalid or unconslitlitional in a com-l of competent jurisdiction, such portion Shall he deemed a separate, distinct and independent provision and Shfill not affect the vitlidity of the ielililining portions thereol'. il,1'1'11{)VED BY the Planning und Zoning Commis.sion of the City of Aspen on this 6th clay of' but)tember, 2011. Ex|libit A: Approved (2,)11,1 tw.i-cial Design Review Plans Aft'Itt)VEt) AN TO :{'()14[94: I'l.ANN ING A['11) 7.Â¢)MING C nIVIEW<,6Zilf.)M: , f ' '- X. l) j Â©.i., f- ~ ~ 4,A f I . r Tikit 'dhh:i, ' ':4:jir <,4/. UL "Wif#/f/\Â¢4.114#2 ...._._._ ,â€ž-- Cia'cltic Lothlim, Deputy Cliy Cle,!i Resolution No I'/, Series 201 1 1411',e 2 0142 J /1 11 1 1 1 1 1 ,-,- -iI -1 .--62&4-- t~'a. crmâ€¢'balMmAL :1 1 1 1 :4 .. 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El :17 - $ 1 irriwill W,rigin/Of 1 143 - 1, 2 &.t t i . .5 1 41"Eirm'llill '41'1' Â·'r.//JM../i.-/..gW-%../ 1 YAâ€¢.IFI E !'.Â¥AGE ,~Â·-fea.,11/1 '' .UY'.02: 0 4 '4 7.rÂ·. .;7-TrZ~~~.1''a', . . 1 111. 7% ' 9 l, 9. 1 4-m ASPEN ('.L [}13 LIVING 4 .j,;.4 -, 'HOSI [Club AtilÂ·ir 2 LI,wÂ·t-, 1.r Â·,try , ~ , 1 11 1.'. , :9 26.26. f 11 1 .1 1 "6 1 ..0 1- 1 -P lili I , 1 . 1 . 4 4 4 f 6*:1 Ll %ill I 4%*1 *MI.MI'll""IM"FIMN'M 4 T ' "' , 4 iâ€¢ 4[ Â¢ I.'-f 4 1 1 1 $ 61*1621 4.1'-A 1 522- ~li~~~~p , 1 Mr c :;t 4 l 1 ASPEN CLUB LIVING 1 -, .4, DOSS -- e 11 10 Â·i 1 1 /9,rÂ¥799*4 4 ' 11 4 1 - 1 -r~ d&' fil~, 1, r 1 1'*' 4 ' 1Â·N~fâ€¢Â·m~â€¢11!~~ 1 */ : ~A I L 4.1 ...../. 9 .*ali#ZO#:ria D 51J -- ' . 9 21 1, ce '1 4 n .,1: 5: 1.... , 1 : 1.~-~ 1=mi a# .~-9,(t_1--- <2*' 1 ~~ 146 / 2/( t , -~I"'j,/---I'l--4.~ 0 2*~ ; 06~i1! & 61 ' / d fij; 4- -93,='98Â£ ~-u" . 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Cilt,9.-~f~c 231 A-ic, L --- , 1, : ti) Â£ / r. 11 , / 1 , , ....1 , 4 1,2 14 4 . 4 n i , 11 4 1 /1 1!MI : fllitil- - 1 fl . , *.U.b 1. \11 / %1 1 1 e .... 4 i:Â· , \ rff- ..,-1....-- fllf Ail O.-2 <,1 JI / / 11* \ PU .,1 -1.- -f 'tul 1.~.1 ;.hi Vv7.1.i.J_.~~[,~n ~ ~ ~,.:~~ 1.9 ,/ 6 31 . ASPEN CLUB LIVING , ... f 1 Â·J t A. S< 42 Fl ".UkOtFAVAâ€¢9-" 20 .. DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a five-year vested property right. The vested property right shall expire on the day after the fifth anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption,Â· extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Aspen Club & Spa LLC, 1450 Crystal Lake Road. Aspen. CO 81611, (970)925-8900. Property Owner's Name, Mailing Address and telephone number LOT 15, CALLAHAN PUD & SUBDIVISION, CITY OF ASPEN. COUNTY OF PITKIN. STATE OF COLORADO, 1450 Crystal Lake Road. Parcel ID 2737-181-32-019 Legal Description and Street Address of Subject Property Fhe applicant has received approval to construct 20 timeshare units. 12 affordable housing units. and an underground parking garage, and to subdivide the property into five (51 lots, as outlined in Ordinance 2. Series of 2010. The applicant received final Commercial Design Approval from the Planning and Zoning Commission for said improvements. pursuant to Resolution 17, Series of 2011. Written Description of the Site Specific Plan and/or Attachment Describing Plan City of Aspen Planning and Zoning Commission. Affordable Housing Growth Management Review and Stream Margin Review, Resolution 15, Series of 2009. Aspen City Council Approval, Final PUD, SPA, Timeshare, Multi-Year Growth Management Allotments for 124 Lodge Pillows, Rezoning. Subdivision. and Vesting for five Years. Ordinance 2. Series of 2010. City of Aspen Planning and Zoning Commission Approval, Approval of Final Commercial Design Review, Resolution 17, Series of 2011. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) September 17,2011 Effective Date of Development Order (Same as date of publication of notice of approval.) September 17,2016 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issup~his 128 day of September, 2011, by the City of Aspen Community Development Director. LUV11/ L./ Chris Bendon, Community Development Director EXHIBIT E- 11 1 3 -1 GUEST LOUNGE' BUSINESS CENTER* -- Cor,oerge RESIDENTIAL MGR 1 y RESIDENCES LOBBY [1 r 31 ---1,0.â€¢C~CY= rEl 9 13"-- i 11 *F"r--EP F-392_ I 1(Oll [F R<,3 LJI L 11 _211_2=1 Kittlen Kitchen 1 d'hroom ADA) L- 31 --1 GathrounN.)k -1 1-// Bdthroorn'ADAJ' 71 kla~te~ Bath"m ADA) E n - / D 9 2 n =L. LUU#U ; ..2 8 -(4- Gn A A r-0-0 n UJUU fl [-04-44-1 A = 086Â®0 00- 111 9-i <-3 1103}LL V GOD:>%06---+ *--000Â®0 06 1 1 U+6006) -84 - OPEN TO BELOW (RACOUETBALL COURT) e + - <t=â€¢ 0_--_-- - Closet clon Ilwoom 2 Closet C*sol - 71/7 / ba 1 4 mib =7 1 JJ 1 1 1 1 [-] 0 r'ng p Uuu LUU Wit-(Â» A 0--~ C.-) O U -[i _ 11-00~00*'*-- 9 01 3-jE[-1 '11 EL] E U /J --1 1 Fp I C 41 I ~11 om]~ B Ilr 8 " ~ ~f-if f o i, ~ 4 1-] [1 ' | Bed,ocm 2 Belim ' - Master 8*oom ,--4 . - - blj' ~ L --------= 1 1---- L__-_.- - - --- .-3 L__________- J UNIT 19 UNIT 20 13 BED) (2 BED) ASPEN CLUB LIVING Aspen, CO -CUPEâ€¢ PLANNING 8IL. *,35 &Ah 50]C*1ES Enlarged Floor Plans - Main Level Club Units FINAL PUD / SPA APPLICATION 1 C) REET ASPEN COLORADO 816 A" = 1-0" Q dc,1 TECLRF .D P AN~G PC 04-24-09 2, .".0 2950 hut I) V---1---~ 3 -- Bed,oom 2 11 0. I _r---~. -=7-1 r~- - - 3 i -i==r - li m =1-=ri L 91 (7<Q-A- 8 A L -- 1- T--Ep-- Il=:=- 143-_ ___-~ _ilf Balcon, UNIT 18 13 BED) 11 M.r L ing (_ 1 t#814 =211=ILL IEEE _/li\ 1 [L_ -1 Irl[ 0Â®00 4 -- -- a L- - 3 ~'aste, Bed,oom 0 24 <>CD --3 *'01 M 4 1-L k<fl~ Â°Inlr-M=14-i --r L i Wid 1/ \ P Storage < 22 EL Fe![rl=T111 [ evator Lobby E |414. 1,0 (â€¢ 1 10 1 -'. iLl 43.-ULL-d LM<JU#Dee ovolk --11(O3jl L UU 4.Rb 1| Bedfoom 2 1 CIOSel 7 1?91* 9 21 Baleen, ht'30om 2 .g~ 21 - 6 1 '-h + - ------ 11 1 1-- SM'age 93 1 . Lj //P- lf--1 0*HMI--2 W lA IIXIM 1 1 1 r ---- U. ID 4 Po.1 - Storage, 1-0-41 Storage 119.-11 A-KIE 1 9 I-JECOJU u Al LI 813 1 L., "[~ m 0 - Bathfoom x-y 1 Mastâ‚¬NS.throorn (ADA) ~_~ 3 1 g: P Kitchen 6 -0 Â©F) 4.4 [IngJ = A E--104-alr ICL] t-xa,J ki ''D g 8.1,(oom ] #ADA Flf C,im<Qi id nrwn " 00002 00? -1 Bedroom 3 Ann 3* 000000* FA O,ral~ P I 32 1 4 4 D- 9 0- F i - c., 3 I~ Dining ~ 1 -1#-4[ 00 - - 51'1 ~tf-mIE-1~ ~u-4~ Â§*** \ZIUU M -- LUU 11 0 ....6/ Master Bed,oom ~ --C===E 5terBattla LS Livng 8 - a ,L 11Â° E U 0Â° 65- 0 0 - 1110111 UÂ®% 0 3 -ri 111=1 - '6=6-- 114 4==al -1130 0131 0 00 1 11 - 60/- 2 -up ,..91190/ 27.21-2- â‚¬1-14~Â® _ Â«Â»~% r--ry , up i Bedroom 2 \2 1/ V UNIT 17 UNIT 16 UNIT 15 (3 BED) (2 BED) (3 BED) ASPEN CLUB LIVING Aspen, CO A P C H T E U l .1 F E Â¥ Pl tÂ· M N I N 1,9 Enlarged Floor Plans - Upper Level Club Units FINAL PUD / SPA APPLICATION 1 1 MAIN STREEI ASPEN COL.ORACQ .W R - 1 -U WA.'IrECTURFAA'PAN-(P- 04-24-09 1 1 f 4751 4,9,0 1920 2950 . EXHIBIT EE] 1 \\ A / , u u u U - Res,dice, LobbY Cildi n n N 1 1 11 - -g 1 1--E L 1 Â¥ [fljo-311 1& 24-1 W ~ -v, W I_'-4__LLI__U-L/7 Â¥ 24 -- ~ ~'~ ' 4~'---b-Â°~{Iia uÂ¢>~~~_~ 4_~_ E-g laur--1 ~ ><--- a - ~i=, 11 -i_ ~~~ ~7~01< -___ ~- ~ 1~ ______ Becitorn 2 -1 Bath 3 P E - ar ) 1 M.. 073*109-1[1-1' L--liU /11 L . 1==E - --04) t. --Â£Â· -1 E:] 151 Â¥ ~ 3 -- ----- L.*1 ~ |Eq kno IL- 1 T.] 7 --,E t -~l~ Bedroom LU- 1 1 *f. Inn 1 Ma- 8~kn ~=J 1 1 : 1.1 - L 0-1 -1 9-1 E- - r~.2~r-91 U [11]] T,&1, - '*9*~77 I *43 l- f UNIT 19 UNIT 20 UNIT 21 (3 BED) (3 BED) (SALES OFC / FUTURE STUDIO) ASPEN CLUB LIVING Aspen, CO poss 071 Enlarged Floor Plans - Main Level Club Units AMENDED PUD / SPA APPLICATION 5 Eli- MA,4 STREET ASPEN ./6-0./DO 81611 3-0 92. 4755 <F)370,920 2950 G L 1Â·=1'-0Â·oria.~-92*ya.,....c 8-15&12 1 0 341-4 1 2 dlili 0< -- 4 1 0< ' Mast=Bed,ocm 'i'=" ='0 )2 - ..1 i_JI - IF ] m 11 -L -0 1 111 - 'Gr,Ben 1-lill IÂ«- 1 h - hi'.,4 1 1 r..IC]IL/N 1 -1 i..Â· 4, 'r-- 1 wo, 771 ~ VAu arut 4-11 / .1 UNIT 18 01 A "11 041 (3 BED) Balc~ . Kkh,n /" L-- L.Ving 53 (11Â»J 4.-- FR- TV- - ~ r-ni'+*'n --- TV â€¢ 14 91 ==r 19 t] m 1 11 [.3411Â»111 9 47 13 [LLE Nifil] -49 ~ da r a .Owner L(,ii. f F 16~valor L ct,/ Ccrfldor L//1 hi' a f L j o'/Firri L-_~IÂ· tfuÂ»u LOU -~IL_I ~L_~ /--122 15*I 97 M.4 Â¥ Fri. 1,131[12_21 Â¥ 4 El 'r 4 L w w W r 8-2 Bath 2 - 4-1 4uto= 9]441 -12 ra --9 't=*u=lf'~ Bai"y .1 Badoom 2 80#13 |2 1 Bas, 3 I [1 Becirmm 2 Bedroom 2 lother, 6- C= =6 -1 (f 'El~ l-=] 1 ; . ./-] 1 44 -- Â·%Â»43â‚¬--P | 11 - O our-5 i -lfÂ·=/Irr--1 -./..I -Luel[Jit-/. - I 1 .1.11-J I .ILL"# 1 1 M W ! 13-LL] t.10] fl-b @>co--7- --41Â®) 11 -' 3/1 1.-2 U.1 Â¥ L-'272 ---4_ 11 -M 1.. 1 - li l ' '-8- Â·LE ' .-Â· 03 11 -1 1-1 l r 11 \1 0-= 1 1-~1 rr '1- i i FP -- 111 = ...0 f _ c . 61 0 06 7-om : 84,0-3 J - CD ED Fl- . - -, ~-~12~>~ .. ~ 1 111 49 - C Ilcwl Ir 1-----tag - Â»11[1Â»co~ Flae~ - Â°<p *4_42= f 1 1 126*11-71 M-W- 1 LIa - -- - ---- UNIT 17 UNIT 16 UNIT 15 (3 SED) (3 BED) (3BED) ASPEN CLUB LIVING Aspen, CO 1 Enlarged Floor Plans - Upper Level Club Units AMENDED PUD / SPA APPLICATION 1 1 EA 3 r ... 5 r: EET APET ColÂ·)PADO 8161 O UL-1--1 g70,?25 4795 RAg2990 ... I l) 2(J 3(3 & I-U U ..)...El....~~Ill. 8-15-12 7. 2731- CE- 1 -32.-cuo~ 00 51 . 20( 2 . 45 L l.4 4.- L / Eile Edit Record Navigate FQrm Reports Format Iab Help ~ ~ . a.:A'61 'PX) e.4,4:QIÂ®add'~ NI J / >JO @Alumpl ,@F0:vi 0 qg *1 0 3 3 0 +Ili. 3 0% a:, .,1 Rogting Status I Fees IFee Summarki ~Actions |Attachments|Routing distory IYaluation |Arch/Eng Custom Fields |Sub Eermits 4 k Permit type aslu I , [Aspen Land Use Permit # ~0051.2012.ASLU 4 , 'p* i ' F Address 1450 CRYSTAL LAKE RD Apt/Suite 0. City ASPEN Rate FTI Zip 81611 . I Permit Information ..~-~'~~ 5-4=6.-#..... f c ' r Master permit ~ Routing queue aslu07 Applied 8/16/2012 1.. Project - 5tatus pending Approved . li Description APPLICATION FOR INSUBSTANTIAL PUD AND SPA AMENDMENT - GMQS - FINAL PUD Issued L . - FINAL SPA ClosediFinal FOR THE ASPEN CLUB LIVING 311 ~: Submitted SUNNY VANN 925 6958 Clock Funnmg~ Days ~-0~ Expires 8/11 /2013 ~ 5lkmtted via -27. 1:Â«*1. - 4 1 Owner S 1 1 Last name ASPEN CLUB SPA LLC first name 1450 CRYSTAL LAKE RD ASPEN CO 81611 Phone ()- Address 9=1 -* ~ Apdicant O Owner is applicant? O Contiactor k applicant? Uial 4% 1 Last name ASPEN CLUB LIVING First name 1450 CRYSTAL LAKE RD ASPEN CO 8'1611 ~ Phone (970) 925-8900 Cust # 29342 Address Â¥ ~ Lender 1 - Last name First name i .4.C Phone I ) - Address 1. [AspenGold5[ server) angelas I 101 1:i , Ck der 2 -79 7 G Rey-UUÂ» A-ea Afilevit- $ 53 3 95- - O-D 012 k=Fr , 3 ~51-7~*62 til [ >Â¢oqlooll] t9UnoigÂ»il