HomeMy WebLinkAboutAspen Club PD_Proposed Change Order Permit_Staff Comments - V4 - FINAL SIGNED
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3003 LARIMER ST (303) 861-5704
DENVER, CO 80205 OZARCH.COM
December 9, 2022
Bob Narracci
City of Aspen
970-429-2754
RE: Aspen Club
Dear Mr. Narracci,
Please see below and attached revised Zoning Sheets and Exhibits in response to your comments. We believe that most of
the comments have been addressed through additional clarification in the plans, supporting that our current plan falls within
the approved PUD, as amended. If there are any items that warrant further review or clarification, we can add further
clarification within these sheets or ask that they be added to the administrative amendment that is currently being processed.
Floor Area
The last floor area adjustment was made through Council Ordinance 7, Series of 2015. Floor Area within the PUD
is limited to a total of 107,750 sq ft. This is divided as follows:
o Club Building: 40,000 sq ft
Confirmed – club sf shown as 21,237 sf on sheet Z-003 calculated in accordance with section 3.1.f.i and
Exhibit D of the PUD Agreement.
o Lodge: 54,000 sq ft (36,000 sq ft in the Townhouse Units and 18,000 sq ft in the Club Units)
Confirmed – club unit sf shown as 17,543 sf on sheet Z-003. Townhome unit sf shown as 32,681 sf on
sheet Z-003 and on approved Townhome permit set dated 9/17/2021 (B2), 9/15/2015 (B3), and 10/6/2015
(B4)
o Affordable Housing: 13,600 sq ft
Confirmed – AHU SF shown as 11,623 sf on Sheet Z-003 and on Approved permit set dated 3/2/2022
o Elevator enclosure: 150 sq ft
Confirmed – Elevator SF shown as 139 sf on Sheet Z-003
Up to 2,000 sq ft may be exchanged between the Club Building and the Club Lodge Units, but the overall floor area
cannot be increased.
Overall floor area has changed but falls within constraints of the PUD section 3.1.f.i (see excerpt on last page).
If the applicant desires to trade more floor area between the Club Building and the Club Lodge Units, or if they
desire a change in the overall floor area, a Major Amendment would be required as it changes a key dimension
and is consistent with how previous floor area adjustments were approved. It is unclear from the plans if
additional floor area is needed for adjustments like the generator, sauna, and pool storage.
All changes are within the dimensional limitations set forth in the PUD Agreement. 4,131 sf added to the in the
following areas: - sauna, mindfulness mezzanine (yoga studio space) - but overall SF still falls within the limits of
the PUD set forth in section 3.1.f.i. See above and table on Sheet Z-003
Note: Pool Storage was included before – the location has just changed.
Parking
Ordinance 7, Series of 2015 approved the removal of the subgrade garage, relocation of parking to the roof of the
club building, and the surface lot on Lot 15A. This established the number of required parking spaces to 128
spaces (and up to 133 spaces) divided as follows per Exhibit A:
o 21 Lodge Parking Spaces (No storage of vehicles by the timeshare unit owners is permitted.)
o 12 Affordable Housing Parking Spaces
o 95 Club Parking Spaces, with 60 located on Lot 15-A and 35 on Lots 14A and 14W (No storage of
vehicles by the club users is permitted.)
All parking on the Club Building is required to be valet. (Section 7)
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12 parking spaces are required for the Affordable Housing Units and up to 5 additional spaces may be added for
short-term parking by the affordable housing tenants and guests. (Section 7)
The Recorded PUD Plans (Reception Number 621569) illustrate a total of 96 spaces on the site, as follows:
o 4 spaces by AH units (1 identified as a handicapped space)
o 13 spaces on Club roof
o 11 spaces at entry
o 20 spaces across from Club units
o 48 in main lot (1 is identified as a compact space and 4 are identified as handicapped spaces, all others are
full spaces)
The site itself never had more than about 100 spaces on it. 35 spaces have always been included
across the river on Lots 14A and 14W. So, the finalized parking count as I understand it from
the 2015 Ordinance and the development agreement is:
128 total, up to 133 divided as follows:
o 35 spaces on Lots 14A and 14W for Club guests
o 93-98 spaces on the Aspen Club Parcel divided amongst uses as follows:
12 spaces for the AH, with the ability to add up to 5 additional for
short term parking
Confirmed - 12 SPACES FOR AH (4 on lot 15-E, 8 along Ute
Ave)
21 spaces for the timeshare units
Confirmed - 21 SPACES PROVIDED
60 spaces for the club use
Confirmed - 60 SPACES PROVIDED
Any adjustments to the parking will require a PUD amendment. Given the focus on parking throughout the project, at
a minimum a Minor Amendment to a Detail Review would be required for adjustments to parking requirements
(for instance, changing the spaces on the roof to be non-valet spaces, or making adjustments to the functionality
of the affordable housing spaces). Any changes to the parking count below 128 or above 133 or to the specific
numbers for each use would be a Major Amendment.
There is no change to the number of spaces – configuration of parking changed slightly. See Site Plan on Z-001
detailing where parking space locations have changed.
Confirmed all spaces are still proposed to be valet only
A generator docking station and remote fueling station appear on some of the proposed plans for the parking area on
the Club roof, as do three EV charging stations. These may be connected to the proposed generator on Lot 15-E,
though that is unclear. More information is required to understand what purpose these items serve, but the stand-
alone addition could likely be approved as part of an Administrative PUD Amendment, pending the allowed
location of the generator and if it is associated with these items or not.
The Generator has been removed from the Project – Extra EV charging stations were added for LEED – EV
spaces will still be valet
Setbacks
The required setbacks for all of the lots have been adjusted over time. These have been approved as part of
Administrative PUD Amendments (in 2013 Reception Number 601690 and in 2014 Reception Number 609754), as
what was once called an Other
Amendment but is now a Minor Amendment (in 2015 to memorialize additional grading in setbacks in P&Z Resolution
5, Series of 2014), and as a Major Amendment when lot lines and setbacks were more significantly changed
(Ordinance 7, Series of 2015)
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In the proposed plans, there appear to be changes to setbacks related to Lots 15-A, 15-D, and 15-E related to the
pool area and a generator.
There have been no changes to the setbacks in these areas. The generator has been removed from the
project.
Based on the past amendments, it is possible for staff to interpret the changes related to the pool patio / grading
between Lots 15-A and 15-D as refinements to the site plan that could be completed as an Administrative PUD
Amendment. They are generally consistent with previous administrative adjustments.
Wall design has changed slightly to remain consistent with the project design, but the location of the walls and
heights have been carefully designed to comply with the height/location requirements of the PUD section. The
wall shifted approximately 1’ to allow for a full height wall to separate the residence from the pool. The increased
wall height removes the pool fencing and provides more sound separation between the two spaces
Adjustments to setbacks related to the generator placement on Lot 15-E (see also the Affordable Housing
discussion below) appear to be more significant and could rise to the level of a Major PUD Amendment given the
impacts to the outdoor space for the housing units.
To address these concerns, the generator has been removed from the project.
Affordable Housing (Lot 15-E)
The approval documents are specific regarding the addition of improvements for the benefit of one parcel on
another parcel. Ordinance 7, Series of 2015 included the identification of new easements to accommodate the
improvements. These include:
o A perpetual easement on Lot 15-D for the pool wall enclosure (Section 2)
o A perpetual easement on Lot 15-A for the affordable housing residents to use the internal paths (Section
6.4)
o A perpetual easement on Lot 15-A for the affordable housing residents to access any of their storage on that
parcel (Section 6.4)
As part of an amendment in 2012, the outdoor area for the affordable housing units was described and included as an
exhibit (Exhibit E to P&Z Resolution 24, Series of 2012). The applicant made specific representations about this
space at the hearing in an effort to gain approval for a commercial design amendment.
The proposed plans include a generator on Lot 15-E in the area previously identified as an outdoor area for the
affordable housing units. It is not clear from the plans what this generator is for, but it was not included in any of
the previous approvals. Additionally, it is located in the 10-foot rear yard setback for Lot 15-E that is shown in the
Setback Exhibit of Ordinance 7, Series of 2015. If the generator is to the benefit of another lot, a perpetual
easement would be required. Additionally, updates to accommodate potential floor area could be needed. Please
be aware that the current land use code prohibits generators between any structure and the street and within any
setback.
Given that this area is the only dedicated outdoor area for the affordable housing units, a Minor Amendment for
a Detail Review Approval to be reviewed by P&Z would be required. If dimensional changes related to floor
area or setbacks are required, or staff believes the changes to what can occur in a setback is more
significant, a Major Amendment would be required.
To address these concerns, the generator has been removed from the project.
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Interior Upgrades
PUD Agreement (Sec 3.23.a) and Ordinance 2, Series 2010 require certain upgrades to the Club. These
commitments were made as part of the public record and were a key basis for Council’s approval. Reinvestment of
at least $5M is required and includes certain improvements and program upgrades.
The outlined upgrades will exceed $5M multiple times over. Expenditures can be documented and provided to
the City as long as proprietary information is handled appropriately.
The language states the improvements “are anticipated to include, but not be limited to…” Staff could interpret this to
mean the list MUST include these items, but could include other items, as that is generally consistent with the verbal
commitments that were give during the hearings. Some of the items on this list include:
o Massage Tables – Included in Spa Treatment Rooms
o Updated salon with salon furniture and fixtures - No Salon is currently planned
o Geothermal and solar – No changes to previously approved geothermal system
o Safer access to Club - All access meets current code and ADA requirements
o TRX System – Included in functional fitness and group fitness rooms
o Employee lounge furniture (presumably for an employee lounge) – Included in Employee Lounge
o Entrance to Yoga Studio (presumably for a yoga studio) – Yoga studio in mezzanine in mindfulness studio
The items listed above and the remainder of the items in section 3.23 (see excerpt on last page) are anticipated to
remain in the Club, except for the Salon component. Due to the “anticipated” language in the PUD, we would
request this one change not require any formal approval.
PUD Agreement (Sec 3.23.d) and Ordinance 2, Series 2010 specifically state that “The Aspen Club will continue to
provide free office space to two local charities.” No specific size is outlined, and in plans from 2017 these office
spaces do not appear to be called out separately from other office areas.
Office space to be provided in Open office area noted on Sheet Z-010. Space to include flexible desk
workstations that can be divided according to different operational needs.
Section 3.23.d also references that disabled community members can use the “Alter G machine for the life of that
equipment.” The language does not indicate if that would be new equipment. The current owner should provide
information regarding if this equipment is included in their plans
The Alter G machine is no longer in the club and functioning as it was disposed of prior to our acquisition of the
property.
Depending on how many items are not included in the Club and staff’s level of comfort continuing to require
these, removal of any or all of these items would require a Minor Amendment to a Project Review Approval as
it does not meet the insubstantial criteria “The request is consistent with the conditions and representations in
the project's original approval, or otherwise represents an insubstantial change .”
The items listed above and the remainder of the items in section 3.23 are anticipated to remain in the Club, except
for the Salon component. Due to the “anticipated” language in the PUD, we would request this one change not
require any formal approval.
General Interior Changes
The site is zoned Rural Residential (RR), which allows a Recreation Club as a Conditional Use. This use was
memorialized in the approvals. The Land Use Code includes a specific definition of “Recreation Club”: “A
building and associated land devoted to recreational use including, but not limited to, a golf, swimming pool or
tennis clubhouse, an exercise room, a playground/activity center and which may include kitchen, bathing or
toilet facilities, locker rooms or assembly halls.”
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The original plan set from 2017 includes substantial space for sports performance,
aerobics, bike studio, modalities, cardio, Pilates, and general exercise (notably, there does not appear to be an area
called out specifically for yoga). A small area was included for the juice bar that existed at the Club at the time. No other
kitchen areas were contemplated. These plans are slightly different than were included in the original approval but are in
substantial conformance with the commitments from the Club in the public hearings and outlined in Section 23.3 of the
PUD Agreement and Ordinance 2 Series of 2010.
As noted on the plans, the proposed program includes group fitness rooms to accommodate aerobics, spin,
Pilates, cardio, HIT and more. In addition, the functional fitness space will allow for programming such as CrossFit
type exercise and classes, following the growth of functional fitness. While the plan continues to include adequate
cardio and strength equipment (both machine and free weights) the overall program of multiple group fitness areas
allows for addressing the current growth in small and large group classes. The main fitness area has been
designed to allow for flexibility in machines and technology as the industry continues to evolve.
The potential building permit plan set greatly expands the areas associated with the spa and food service, reducing
the amount of space associated with the fitness activities. This is a fundamental change to the direction of the
project, and the
goals of it being a recreation club, as required in the PUD and the underlying RR zone district. Additionally, the
amount of space dedicated to working out, providing elite training for local Olympic, paralympic and other elite
athletes is not clear in the plans and should be articulated.
See updated notes on the Zoning Floor Plans. While some of the naming has changed, the goal is to provide all
services listed in the original plans and in the detailed list of uses to confirm with the facility being first and
foremost a Recreation club. The current programming better addresses today’s fitness trends versus what was
previously planned many years ago while also allowing the space to evergreen towards future customer
demand. Fitness equipment continues to become smaller and more mobile allowing this space to adapt.
Overall, in comparing the floor plans from the original approval and the potential change order, there are significant
differences in the balance of space that justify a Minor Amendment to a Project Review Approval and potentially
a Major Amendment.
It is also important to note that the club space in the PUD was intentionally left blank as shown on sheets A2-A4
in the 2015 Recorded Aspen Club Amended Final Plat - to allow for adjustments in programming acknowledging
the need to remain flexible. The proposed programming revisions from the previous building permit address
changes in evolving customer demand and do not conflict with the PUD.
Outdoor Pool and Patio Areas
The approved plans (Reception Number 621569) include a number of outdoor patio areas and landscaping
connected to the Club and outdoor pool area.
The outdoor pool was not a significant part of the overall approval conversations with P&Z or City Council, but some
representations about the space were made throughout the process. A pool enclosure was originally
contemplated to allow use of the pool in cooler months and was considered generally consistent with previous
approvals that allowed a tent “bubble” over tennis courts. Ordinance 7, Series of 2015 allowed a portion of the
pool enclosure to be located on Lot 15-D through a perpetual easement.
The recorded PUD documents (Reception Number 621569) show the outdoor pool area including a pool deck, rain
garden, hot tub / spa and pool with a bumped-out step entry. A dashed line for an enclosure is also included on
the elevations.
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The proposed plans appear to increase the amount of developed space in the pool area, including a larger pool, 2
spas, a sauna, and pool storage. Additionally, the pool deck / patio area is significantly increased, removing
areas that were previously landscaped, and appearing to have a larger encroachment into Lot 15-D.
Location of outermost pool deck walls has shifted approximately 1’ onto lot 15-d. This is to allow better
separation and privacy between the residences and pool. The taller wall will provide better noise control in
separating the two uses. The side yard of 15-D has not changed and is still planted with trees and not a usable
guest space.
The recorded PD Plans do not specify square footage of outdoor and pool areas. See below and attached
Exhibit A comparing Landscape, Pool Area, and Deck Area between the previously approved building permit and
the current design. Overall, we have found that the change between the new and old plans has not changed
much in SF, and some landscaping area has actually been added to the Pool deck space. In areas that may
have some increased deck space, additional Landscape space has been added within a close proximity to
address this.
Adjustments to the amount of hardscape and landscaping could be considered minor and subject to an Administrative
PUD Amendment. However, when taken with the entirety of the changes to this area, including the addition of
enclosed spaces for the sauna and pool storage, this appears to be a Minor Review to a Project Review Approval. If
additional floor area or setback adjustments are required, this could trigger a Major Amendment.
Pool storage was in scope of 2017 Plans, the location was just changed. The Sauna was added but with
minimal SF impacts to the Pool deck Areas. The sauna SF is included in the overall Club SF that is allowable
for the project. There have been no setback changes.
General Outdoor Spaces –
This information is provided as background, and no judgement on how the proposed changes might influence these
is included, as it is likely part of the consideration for changes to the pool area.
Exhibit F of Ordinance 2, Series of 2010 outlines the anticipated outdoor programming and indicates “we are
planning three very different outdoor areas.” These were general commitments that indicate how certain spaces
were anticipated to be used to meet the general programming commitments and goals. This section identifies 3
spaces as follows:
o An outdoor deck area with an upper and lower area to accommodate groups of up to 200 people. This
space is directly connected to the Club.
o A multipurpose outdoor exercise area on the roof. This was identified as an area for classes like aerobics
and body pump.
o A more secluded space on the lower bench between units 6 and 7 (note, that this area is shown between
Units 5 and 6 in the plans recorded with the 2013 PUD Amendment). This space is identified for Yoga,
Pilates, and Tai Chi. The idea for this space was to provide a level of privacy for participants and a
connection to the outdoor that is typically associated with these types of activities.
This exhibit appears to be written in an open way, allowing for potential adjustments to programming in these
spaces. However, because these spaces appear in some way on every site plan since the original Ordinance,
staff could interpret these as specific requirements.
o The exercise area between Units 5 and 6 was removed in the 2015 amendment approved by Council.
There is no indication in the recorded documents regarding a replacement for this space, as it was
adjusted to enable improved handicapped access from the river to the upper bench of the site.
o The roof space appears to have been removed when the parking was relocated to the roof of the Club in
AREA 2017 PLANS 2022 PLANS DIFFRENCE NOTES
Pool Deck Area 3,625 3,563 -62
Pool Deck Landscaping 496 1333 837
Pool (water area) 2445 2529 84 INCLUDES POOL AND SPA
Pool Storage 207 199 8
Restaurant Deck 3,111 3669 558 In 2017 plans called "Patio" and Owner's Patio"
Restaurant Deck Landscaping 1533 764 -769
Lawn 2362 3523 1161
Outdoor Sauna 0 263 263
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the same amendment.
o The outdoor patio space near the pool remains in the 2015 recorded plans, and the rooftop patio is also
indicated on the Club building
Noted
Commercial Design
An Administrative PUD Amendment was approved in 2021, allowing for changes to materials, roof forms, and
window patterns.
The proposed plans appear to include adjustments to window patterns and overall roof forms on all facades of the
Club building. These are most pronounced on the Club’s North and West elevations, where a significant
number of windows are different. Additionally, new locations for mechanical equipment are identified.
These changes all appear to be relatively minor and are generally consistent with the direction from the 2021
amendment. For that reason, these adjustments could likely be considered an Administrative PUD
Amendment.
Thank you,
Rebecca Stone, AIA, LEED BD+C
Principal and Resort-Hospitality Practice Leader
OZ Architecture Inc.
303-861-5704 (office)
303-887-8221 (mobile)
bstone@ozarch.com
Garrett Simon
AC Colorado Property Owner, LLC
OZ Architecture Inc.
970-596-6642
gsimon@meriwetherco.com
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PUD References
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