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HomeMy WebLinkAboutagenda.council.regular.20100208CITY COUNCIL AGENDA February 8, 2010 5:00 P.M. Call to Order Roll Call III. Scheduled Public Appearances APWA Award -Main Street Sidewalk Proclamations -Aspen's Olympic Athletes IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT on the agenda. Please limit your comments to 3 minutes) V. Special Orders of the Day a) Councilmembers' and Mayor's Comments b) Agenda Deletions and Additions c) City Manager's Comments d) Board Reports VI. Consent Calendar (These matters maybe adopted together by a single motion) a) Resolution #14, 2010 -Purchase Event Floor for Ice Facilities b) Resolution #8, 2010 -Burlingame Phase II Architect - Oz c) Resolution #9, 2010 -Burlingame Phase II Contract Owner's Agent -Rider Levett Bucknall d) Resolution #15, 2010 -Extending the 211 W. Hopkins Ordinance #48 Negotiation e) Minutes -January 11, 25, 2010 VII. First Reading of Ordinances VIII. Public Hearings a) Ordinance #29, 2009 - 211 West Hopkins Ordinance #48 Negotiation Continue to 5/14 b) Ordinance #2, 2010 -Aspen Club 1450 Crystal Lake Road - SPA/PUD IX. Action Items X. Executive Session Xi. Adjournment Next Regular Meeting February 22, 2010 COUNCIL'S ADOPTED GUIDELINES / Stick to top priorities / Foster a safe, supportive, innovative work environment that encourages creativity and acceptable risk-taking / Create structure and allow adequate time & resources for citizen processes v1 a. MEMORANDUM TO: MAYOR & CITY COUNCIL FROM: TIM ANDERSON, RECREATION DIRECTOR JON LARSEN, ICE FACILITIES MANAGER CC: STEVE BARWICK, CITY MANAGER JEFF WOODS, MANAGER OF PARKS & RECREATION DATE: JANUARY 21, 2010 MEETING DATE: FEBRUARY 8, 2010 RE: PURCHASE OF EVENT FLOORING FOR ICE FACILITIES Summary: Staff is seeking approval for the purchase of event flooring at a cost of $55,745 which will serve both the Aspen Ice Garden and the Lewis Ice Arena so that staff may pursue events to generate additional revenues in these facilities (see attachment "A"). The ARC Advisory Committee supports and recommends the purchase of such a flooring system and funding is available in the amount of $60,000 in the departments Asset Management Plan (see attachment "B" for information regarding the flooring system). 2010 Budget Process: During the 2010 budget meetings held in the fall of 2009, staff identified in one work session the need for event flooring to serve the ice facilities and able staff to procure events which would generate additional revenue for the facilities. Staff had identified a system in the fall which was used and being offered at a highly reduced price through an ice equipment broker. Council was ok with the purchase and by the time staff communicated again with the broker the flooring had gone to another rink. Used System: Staff has been researching various flooring systems in order to identify what is available on the market in regards to used flooring and will meet the needs of multi uses at the same time. Staff has found a system which achieves a reduced price only, not a reduction in the quality. Staff found a system which stacks and will be easily stored, it can work outside on parks (for short periods of time), and through several references we have found that it is quite durable (should last us 10 years) and adaptable to all types of events. This type of floor covering would normally cost close to $100,000 new. The flooring recommended for purchase in this contract is used and coming straight from the Vancouver Olympics where it will serve events. Background: The hosting of events is nothing new to the Recreational Facilities. In the past the Lewis Ice Arena and the Aspen Ice Garden have each hosted some type of event which has taken place when the ice has been taken out and when ice still existed. Those events were challenged however due to the surfaces the department was able to provide and high dollar rentals of this type have been hard to come by due to the lack of a proper surface. The ARC Advisory Committee has long supported the purchase of flooring in the pursuit of more events in the Ice Facilities. In 2009 economic conditions spurred a more aggressive look at event flooring for the facilities, and due to reduced hours at the Aspen Ice Garden in the summer of 2009 a local Antique fair was brought in which worked great for the vendor and generated a good revenue source for the Garden. Since hosting this event staff has had further inquires for use of the Garden for similar events. Without flooring these events could not take place as the ice cannot come out every time we host an event. Staff currently has two events on the books this summer at the Aspen Ice Garden for which flooring will be required. These vendors are interested in booking additional events in the future which will provide a good revenue steam for the Aspen Ice Garden and the Recreation Division. Flexibility in Use, Installation, and removal: The flooring that is being recommended is easily stored, transported, and set up such that many of the future events can take place over a weekend. Events could run from Friday night to Monday morning when the Garden is not used in the summer for example, or a one night event could easily be handled. Staff has heard the concerns of Council so as to not fill the Council Chambers with ice users because they are being ousted from their beloved Ice Garden. At the same time the ARC Advisory Committee recognized the need for these events to generate revenues for the facility such that ice rates stay reasonable for users. This is a delicate balance, but one staff and the Advisory Committee feel we can achieve easily with early and clear communication. Current: Communication with Users: As mentioned previously, staff is sensitive to the need for working with and communicating with all user groups of the ice facilities such that no one is blindsided by being displaced or moved due to a rental of the facility. At the same time staff and the Advisory Committee understand the need for these events and the revenue it generates to keep ice rental fees low for users, once again, a delicate balance and one that can be achieved through good communication. Community Benefits: There is yet another benefit of the flooring to our Community. Many of our youth sports programs and school programs in the spring are unable to get adequate practice time in due to field conditions. This places our local programs at a disadvantage when other down valley programs and Western Slope programs are out practicing. Staff has begun looking at the idea of installing the event flooring in the Lewis Ice Arena from approximately the 1s` of April until the lst of May (+/-), such that local youth programs could begin practicing indoors. At the same time, for example, staff feels that local tournaments such as an adult indoor soccer tournament could be hosted as well. Staff has approached the ARC Advisory Committee regarding this idea as well and they are on board as long as, once again, good communication takes place to work with users. Staff has researched the scheduling and could easily accommodate all users that time of year as it is a down time for ice users, the Garden would still be available for the in town nooner groups, and ice is available to accommodate all other ice demands. At the same time local groups such as youth soccer, lacrosse, and high school programs are excited about the idea. In addition, the events currently booked at the Garden for the summer of 2010 are interested in long term commitments which assure the continuation of this revenue steam and the need for the flooring. This flooring could also benefit local events such as the X-Games and some type short event one night, or host ancillary programs for Food & Wine or even Gay Ski Week. The flooring system is easily set and taken down such that it could be used fora 1 day event or a weeklong event. Also these events are beins required to host an auction that benefits local youth non-profits such that the Community benefits from these rentals as well. This flooring is not ideal for long term use on grass, but it could be setup in the parks for a short time if needed for an event. It can easily be placed down over a hard surface somewhere to provide nice flooring for some local event as well. E nvi ron m enta I Impacts: There are no real environmental impacts other than possibly the consideration that to host events in the past often meant having to take the ice out and replace it, which requires a huge energy consumption to get the ice back in. By placing flooring down we would eliminate the need or frequency of that surge of energy consumption to get ice back into the facilities. Financial Impacts: While there is an initial investment of nearly $56,000 to purchase this flooring, the life expectancy is about 10 years. The Department has already realized one rental in 2009 for $20,000, and in 2010 there are already two events booked for a total of $40,000. The use of ice facilities for events have essentially already paid for the flooring with these two events wanting to commit into the future and other interested events coming on board. This flooring should see a substantial revenue steam coming in to the ice facilities and the general fund. Alternatives: Alternatives at this point would be a decision not to host events at the Ice Facilities, or to take the ice out when booking these events which lead to additional down time. As far as alternative types of flooring, there are some systems out there that are lighter, but far more expensive and need to be stored inside. Our department does not have the capability of storing this inside. The system being recommended at this time has all the qualities we need. It is durable, handles multiple uses, has some insulating qualities, is easily stored, and easily installed and taken down. Recommendation: Staff and the ARC Advisory Committee is recommending the purchase of this used flooring system for the benefit of generating additional revenues in the ice facilities and thus maintaining affordable ice rates for local users. Additionally the system can support local youth sports organizations for practice in the spring when fields are covered by snow. Manager's Comments: Attachments: "A" Agreement to Purchase "B" Information on Flooring System RESOLUTION # Il'f (Series of 2010) A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND ICE BUILDERS SUPPLY INC. SETTING FORTH THE TERMS AND CONDITIONS REGARDING ULTRA DECK EVENT FLOORING AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council an agreement between the City of Aspen, Colorado, and Ice Builders Supply Inc., a copy of which agreement is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that agreement between the City of Aspen, Colorado, and Ice Builders Supply Inc. regarding Ultra Deck event flooring, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held February 8, 2010. Kathryn S. Koch, City Clerk Fax sent by 13154138517 ICE BUILDERS 81-28-18 0,61:5\9 Pg: 2/B t1T~u~hn~ ~\ t~ ll IAeCipefMle~ CITY OF ASPEN STANDARD FORM OF ACyREEMENT - 2009 ` L G 1(J SUPPLY PROCUREMENT AGREEMENT made as of BETWEEN the City: City of Aspen Project No.: aa-o-ooG day of , in the year The City of Aspen c:'o 130 South <;alena Street Aspen, Colorado 81 b11 Yhonc:(970)920-5055 And the Vendor: ice ~ui~_t~ Su~p~~• ~~~' c/o (hlc(LrY t'o t_l IMT ~DS Cl~ / IrL U L'r 0 ~ ~ I~ Phone: 315' ~!/3- ~~ fle'a' 394`~~ Summary Description of Items #o be Purchas~l: ContraM Amount: Total: $ S ~N If this Agreement requires the City to pay an amount of money in excess of $10,000.00 ft shall not tie deemed valid until it has been approved by the City Council of the City of Aspen. CiN Council Approval: Date: Resolution No.: Exhibits appended and made a part of this Agreement: Lslubit A: List of supplies, equipment, or materials to he purchased. Fax sent by 13154138517 ICE BUILDERS The City and Vendor agrce as set forth below. B1-2B-SB 07:80 Pg: 3/B 1. Purchase. Vendor agrees to sell and City agrees to purchase the items on Exhibit A appended hereto and by this reference incorporated herein as if fully set forth here for the sum set forth hcreinabove. 2. Del vc . (FQI3 ~NL~W~ .) . tDelivery Address] 3. Contract Documents. This Agreement shall include all Contract Documents as the same are listed in the Invitation to Bid and said Contract Document are hereby made a part of this Agreement as if fully set out at length herein. 4. Warranties. (Add WarrantyprovisiaLSherc). 5. Successors and Assims. This Agreement and all of the covenants hereof shall inure to the benefit of and he binding upon the City and the Vendor respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Vendor s hall ha ve t he r fight t o e sign, t ransfcr o r s ublet it s int erect o r o bligations he reorder without the written consent of the other party. 6. Third Parties- This Agreement does not and shall not be deemed or construed to confer upon or grant to any third parry or parties, except to parties to whom Vendor or City may assign this Agreement in accordance with the specific written permission, any right to claim damages or to bring any suit, action or other proceeding against either the City or Vendor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 7. Waivers. No waiver of default by either party of any of the terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 8. Agreement Madc in Colorado. The parties agree that this Agreement was made in accordance with the laws of the State of Colorado and shall be so construed, Venue is agreed to be exclusively in the courts vfPitkin County, Colorado. 9. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreetent, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 10. Waiver of Presum tion_ This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drdtting of the Agreement. Fax sent by 13154138517 ICE BUILDERS BS-2B-1B B7:BB Pg: 4/8 1 [. Certification Retarding Debarment Suspension, lneli 'hility and Voluntary xclusion. Vendor certifies, by ae:c:eptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible yr voluntarily excluded from participation in any transaction with a federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, cvntracts and subcontracts. In the event that Vendor or any lower tier participant was unable to certify to the statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 12. Warranties Atainst Contingent Fees. Grratuities Kickbacks and Conflicts oflnterest. (A) Vendor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Vendor for the purpose of securing business. (B) Vendor agrees not to give any employee of the City a gratuity or any offer of emptoymexrt in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (C) Vendor represents that no official, officer, employee or representative o£ the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that m ay have been disclosed at the time City Council approved the execution of this Agreement. (D) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the Gity shall have the right M: 1. Cancel this purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a vendor, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Vendor, and 4. Recover such value from the offending parties. 13. Termination for Default or for Convenience of Cit . The sale contemplated by this Agreement may he canceled by the City prior to acceptance by the City whenever for any reason and uI its sole disc~retivn the City shall determine that such cancellation is in its best interests and convenience. Fax sent by 13154130517 ICE BUILDERS 01-20-10 07:00 Pg: 5/8 14. .Fund Availability. Financial obligations of the City payable after the current tiscal year a re c ontingent up on f ands f or t hat p urpose b Bing appropriated, b udgeted a nd o therwise made available. If this Agreement contemplates the City using state or federal fiords to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the ternns of this Agreement. 15. City Council Approval. If this Agreement requires the City to pay an amount of money in excess of $10,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. 16. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or re]igion shall be made in the employment of persons to perform under this Agreement. Vendor agrees to meet all of the requirements of City's municipal code; section 13-9$, pertaining to nondiscrimination in employment. Vendor further agrees to comply with the letter and the spirit of the Colorado Antidiscrimination Act of 1957, as amended and other applicable state and federal laws respecting discrimination and unfair employment practices. 17. Integration and Modification. This written Agreement along with all Contract Doe;uments shall constitute the contract between the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, vendor understands that no City official or employee, other than the Mayor and City Council acting as a body at a council meeking, has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City. Any such Agreement or modification to this Agreement must be in writing and be executed by the parties hereto. 18. Authorized- Re~recentative. The undersigned representative of Vendor, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Vendor for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement to be duly executed the day and year first herein written in three (3) copies, al] of which, to all intents and pulposcs, shall be considered as the original. [SIGNATURES ON FOLLOWING PAGE] FOR THE CITY OF ASPEN: ATTEST: sy: City Manager City Clerk VENDOR: By: Ill~i i_ ~~~~qq) 1 Title Fax sent by 13154138517 ICE BUILDERS B1-2B-1B B7:8B Pg: 7/8 t1~~r~ q3:: ~~~ U U~M 6 fir PRODUCT SPECIFICATIONS Module Size: Width: 24" / 60.96 cm / 609.6 mm Length: 12" / 30.48 ctn / 304.8 mm Thickness: 1.125"'t'all / 2.858 cm / 28.58 mm Module Weight: 2.8816s. / 4G.08 oz. / 1.306 kg. / 1306 grams Per Square Foot: 1.441bs. / 23.04 oz. / 0.653 kg. / 653 grams Per Square Meter: 15.50 lbs. / 7.03 kg. Material: High-impact polypropylene c;o-polymer. W Inhibitors added. Fire Rating: UL 94FIB (Underwriters Laboratory Yellow Card Number) 71:is test signifies that this product does not flare up whar exposed to an open flame and has a slow bran rate of 2" per minute fora 2" wide, OS millimeter thickness test sample. ASTM 2859 (Flammability of Finished Texture Floor Covering Materials} -passed test * Testing reports available for fire ratings Hot Wire Ignition Rating: Melting Point: 324 Fahrenheit / 162 Celcius Operating Range: -10° F -~ 150°F / -23.33° C ~ 65.56° C Support Structure: Flooring module incorporates multi-directional structural support ribbing, allowing for distribution of weight and loads. Weight Loading: 20,000 Ibs sq/ft static load, solid sub-surface. Varies depending on sub- surface. Ground Surfaces: UltraDeck is designed to be used with little ground preparation over grass, gravel, sand, soil, concrete, asphalt, ice, snow, mud, synthetic turf, rubberized tracks,and other standard surfaces_ Shipping: 40" x 48" Pallet: up to 816 sq/ft 463E Pallet (83"L x 103"W x 96"H Max): 3,312 sq/ft 20' Ocean C:ontaincr: 8,160 sq/ft 40' Ocean Container: 16,320 sq/ft Nulc: High cube container loads can be loaded with additional product. 48' Truck: 19,684 sq/ft 53' Truck: 21,216 sq/ft Faz sent by 13154130517 ICE BUILDERS 01-20-10 07:00 Pg: 8/8 Page 2 (EDtJ spec cations continual) Functional Features: a) ltldividual mtxiules interconnect to form larger floorirtg sections. b) Connection system allows for installation and disassembly without the need for conacctiun or separation tools. c) Modules feature integrated, multi-directional cable channels on the underside of each tread, for running power and communication wiring or rope lighting. d) Modules are designed to allow 90-degree rotation and still connect. Module can be connected in bout directions and at any module connection point, allowing greater flexibility in floor design. e) Modules do not have any submerged channels into which debris or dtrt can enter from the top surface, and arc easy to clean and maintain. ~a 1/~RrfnN1 1 (J Al (AS~~ ~/BOdS ' fuq} ynn ~ /'~ ~ ~~ /~i . I ` // r r-----3 Signature Fencing & Flooring Systems, LLC t 3'~i` 50 East 42"• Street • Suite 501 E~ I New York, NY 10017 t Toll Free: 800-569-2757 •212-953-1116 • Fax: 272-953-1117 Floarinae www_eventdartr_rnm • Fon~imr. vnu... -:....~•.....•.....:.......... CITY OF ASPEN MEMORANDUM TO: Mayor and City Council FROM: Chris Everson, Affordable Housing Project Manager THRU: Barry Crook, Assistant City Manager and Scott Miller, Capital Asset Director DATE OF MEMO: February 1, 2010 MEETING DATE: February 8, 2010 RE: Burlingame Phase II Integrated Project Delivery Design Process Architect and Owner's Agent Contracts REQUEST OF COUNCIL: Staff requests City Council approve the initial Integrated Project Delivery (IPD) design contract with OZ Architecture in the amount of $814,759 and the initial Integrated Project Delivery (IPD) Owner's Agent contract with Rider Levett Bucknall (RLB) in the amount of $301,400. DISCUSSION: Based on the direction received during the January 19, 2010 work session, staff is presenting the initial Integrated Project Delivery (IPD) design contract with OZ Architecture and the initial Integrated Project Delivery (IPD) Owner's Agent contract with Rider Levett Bucknall (RLB) for approval. FINANCIAL/BUDGET IMPACTS: Both contract amounts are below the estimated costs. ENVIRONMENTAL IMPACTS: Both OZ Architecture and Rider Levett Bucknall have communicated a strong commitment to providing an analysis of environmental considerations as part of the Integrated Project Delivery process. RECOMMENDED ACTION: Staff recommends City Council approve the initial Integrated Project Delivery (IPD) design contract with OZ Architecture in the amount of $814,759 and the initial Integrated Project Delivery (IPD) Owner's Agent contract to Rider Levett Bucknall (RLB) in the amount of $301,400. ALTERNATIVES: None CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit "A" Clarification of OZ Proposal Public Meetings Exhibit "B" OZ Architecture Reference - Broadmoor Hotel Exhibit "C" PowerPoint Slides OZ Architecture Contract Rider Levett Bucknall Contract Page 1 of 2 Exhibit "A": Clarification of OZ Proposed Public Meetings (Originally the proposal was misinterpreted as including 16 meetings, but OZ has provided this clarification that there are 26 public meetings.) OZ Architecture Breakout of Meetings for Design and Documentation Phase, Burlingame Phase II i/zalzozo Per the Proposal of Services Datedzz/i3/og Conceptualization -Detailed Design z/io - 8/io Stake Holder Meetings February zozo -June zozo City Council B Planning and Zoning 3 Burlingame Phase z Home Owners Association 3 Aspen /Pitkin County Housing Authority 3 PUD Februaryzozo-May zozo Planning and Zoning z City Council z GMP June zozo-August zozo City Council z Total Public Meetings Conceptualization -Detailed Design z8 ***** Implementation Documents -Permit g/ao • z/u Stake HolderMeetinas Septemberzozo-Februaryzozo City Council z Planning and Zoning i Burlingame Phase a Home Owners Association z Aspen /Pitkin County Housing Authority z GMP September/October zozo City Council z Total Public Meetings lmplementation•Permit 8 ***** Total Pu61ic Meetings z6 Design Team Meetings - zy *****Design Team Meetings will happen approximately every two weeks from app/ao-6-as-ao & g/ao/io-x/az/ia) Meetings in Aspen are scheduled to coincide with Pu61ic or Staff Meetings-Additional Meetings will be in person, or via video/teleconference RESOLUTION #~ (Series of 2010) A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND THE OZ ARCHITECTURE SETTING FORTH THE TERMS AND CONDITIONS REGARDING THE INITIAL INTEGRATED PROJECT DELIVERY DESIGN OF BURLINGAME RANCH PHASE II AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council an agreement between the City of Aspen, Colorado, and OZ Architecture, a copy of which agreement is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that agreement between the City of Aspen, Colorado, and OZ Architecture the initial integrated project delivery design of Burlingame Ranch Phase II, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held February 8, 2010. Kathryn S. Koch, City Clerk RESOLUTION # g (Series of 2010) A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND THE RIDER LEVETT BUCKNALL SETTING FORTH THE TERMS AND CONDITIONS REGARDING THE INITIAL INTEGRATED PROJECT DELIVERY OWNER'S AGENT FOR THE BURLINGAME RANCH PHASE II PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council an agreement between the City of Aspen, Colorado, and Rider Levett Bucknall, a copy of which agreement is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that agreement between the City of Aspen, Colorado, and Rider Levett Bucknall the initial integrated project delivery Owner's Agent for the Burlingame Ranch Phase II project, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held February 8, 2010. Kathryn S. Koch, City Clerk Exhibit "B": OZ Architecture Reference, Broadmoor Hotel, Colorado Springs, CO Christopher Everson From: TMCHALE@broadmoor.com Sent: Monday, February 01, 2010 10:56 AM To: Christopher Everson Subject: OZ Architecture Chris: My name is Terry McHale and I am the Director of Facilities for the Broadmoor Hotel in Colorado Springs. I have worked with Oz Architecture on several projects here over the years, the Broadmoor Brownstones, West Residence project, Laundry Expansion and the most recently completed Broadmoor Cottages. Bob asked that I contact you as there may be concerns as to whether Oz's proposed fees are adequate for your project. Although I have no specific knowledge of your project or of the Oz proposal, I can assure you that with all of the projects that 1 have been associated with Oz, we have never had an issue with them low bidding and then "change ordering" up their fees. It is something that would never concern me with them. The projects that I have listed above were all very complex, high end and varied in both product and customer. With this you always have issues, and without exception I could always count on Oz to support our team and the project. Their fees were always reasonable and if an issue came up (like adding a building or a major scope change) I found that they were excellent representing the owners interests at all times with the consultants. If you have any questions you may contact me on my cell phone, 719-499-4510 Sincerely, Terry McHale Director of Facilities The Broadmoor a~ rn m i 0 0 :v m a~ L J Y_ ~_ ,x L :v a~ rn c~ i 0 0 :v c~ L L J Y_ X L ^7 N 1 z n` W L J a X ~~x=~ ,.~<ss m ~r e~ ~d ~`'•. ?333 ~: ~= a u I a ~~ f~ x 1 $i y55 ~l 5 ~~ ~` E ~,t J~33 ~~ i ~~ 4 a ~`r ~~ i 3 s i. i ~' • ~ ~ ~~V~~ ; ~,; ~~` x ~ ~ ~ ~x - i ~r ~~ t i f` 4' ' i ~j. ~~~' ~Y •'•~~\ 985 1~I1 ; ~, ~ _, .. 4r~ ~A t, ~ ~ ~x ~~I~p~,y„n1~ Y I` h ~ w {{ ~ ~' ~. ~ ~I Si ~ r, Y ~,~L a ~. 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E a ~DV n .-cie= c~a.'m ~ ~ Mm, ~n_~ _ ~n33 n ~ nm U O a ''~ ~ Q ~ Gl 0 - x" > ~ ~ H ~ 'D d s '+'' - GJ L r~"~~;g~_a a i ~ C 7 a~~+ IG '+~ : F, R f~0 Gl d _ _ +- fp R ~ a+ w d f0 C ~, . ~ ~ O 47 ,~ +Gl'+ O O 3 ~ d y R 3 !~ +~ o ~ ~ sNG~~-Um _H ~ O ~~~ O~~ fw0 i Q j w C ~' L O ~~+ ~_ a ~ 3 ~ U ~ ~ V 'L as °'mt `a Q Ha~cy+~ a O ~ ~ ~ _ ~ ~ ~ i' is C7 10 U t w 3~ 9na c to ~ptOOfd ~ '~ ~L t *+ Cl jQ r.+ Vf L ~ ~ ~ ~ IOA i ~ t ~ ~ a `~ ~a0 ~o ~ = Nf ~ O ~ ~ ~ ~ aaE 3r ~ ~ R ~~ sa~f°~Y ~ V ~- O- }'u>p1~ ~ ~+- __ ~ Q ~ ~v=may ~ w c ~ ~ 4; .~ ~u ~ ~ i O i u 7 oC U ~r i VI d MEMORANDUM TO: Mayor Ireland and Aspen City Council FROM: Saza Adams, Senior Planner THRU: Chris Bendon, Community Development Director DATE OF MEMO: January 29, 2010 MEETING DATE: February 8, 2010 RE: Resolution #~, Series of 2010, Extending the 211 W. Hopkins Avenue Ordinance #48 Historic Preservation Negotiation SUMMARY: In July 2007, Aspen City Council adopted an emergency ordinance, Ordinance #30, Series of 2007. That ordinance prohibited any exterior alterations, land use applications, or building permits affecting all non-landmarked buildings constructed at least 30 years ago, unless it was determined that no potential historic resource was negatively affected. The purpose of the Ordinance was to protect Aspen's significant architectural heritage; not only Victorians, but more modern structures as well. Ordinance #30 was in place for 5 months, during which time Council held numerous meetings to discuss the effect of the new regulations and potential amendments. In particular, Council wished to see the applicability of the Ordinance narrowed down dramatically from all properties over 30 years of age to a specific list researched by staff and found to potentially qualify for landmark designation. In December 2007, Ordinance #48, Series of 2007 was adopted to replace Ordinance #30. Ordinance #48 creates a formal list of potential historic resources in Aspen that may have historical, architectural, archaeological, engineering and cultural importance. Detrimental development or demolition actions affecting these properties will be limited while the City undertakes an evaluation of the historic preservation program via the HP Task Force. 2] 1 W. Hopkins Avenue is identified on the List of Potential Historic Resources as pari of Ordinance #48. Owners of property listed on Ordinance #48 can still move forward with proposed projects if they: A. Submit the plans and seek staff determination that the work is exempt from delay under Ordinance #48 (routine maintenance work for example); or Resolution # , Series of 2010 211 West Hopkins Avenue Ordinance #48, 90 Day Negotiation Extension B. Submit plans and seek staff determination that the work, while not exempt from Ordinance #48, can move forward by voluntarily complying with Staff or HPC . review (depending on the scope of work) of the project, or C. Refuse the option for HPC review and submit plans with the intention of triggering a 90 day delay period, during which time City Staff and Council will negotiate for appropriate preservation of the property. If the negotiation does not result in an agreement to landmark designate the property, the building permits will be processed as requested. In March of 2009, the owners of 211 W. Hopkins Avenue, submitted an application for a demolition permit and requested negotiation with Council. The owners, represented by John Kelly, are receptive to discussing preservation. Historic Preservation staff is working with the owner's representative to figure out a mutually beneficial solution for the property owners and the City. City Council extended the initial 90 day negotiation period, which expired on June 17, 2009, until September 15, 2009 and granted another extension on December 14, 2009 to February 14, 2010. First reading of an ordinance regarding the negotiation of this property was approved by Council on December 7, 2009. Second reading was scheduled for February 8, 2010, but need to be rescheduled to March 8, 2010 at the request of the property owner's representative. A third extension is needed to extend the negotiation process to accommodate the schedule. STAFF RECOMMENDATION: Staff recommends that Council approve an extension of the time period to continue the negotiations for the preservation of 211 West Hopkins Avenue to May 14, 2010. RECOMMENDED MOTION: "I move to adopt Resolution #j~, Series of 2010: approving an extension of the Ordinance #48, Series of 2007 negotiation period for 21 I W. Hopkins Avenue until May 14, 2010." CITY MANAGER COMMENTS: Kesolution # _, Series of 2010 211 West Hopkins Avenue Ordinance #48, 90 Day Negotiation Extension A RESOLUTION OF THE ASPEN CITY COUNCIL EXTENDING THE ORDINANCE #48, SERIES OF 2007, NEGOTIATION FOR HISTORIC DESIGNATION OF 211 W. HOPKINS AVENUE Resolution No. ~ FJ, Series of 2010 WHEREAS, 211 West Hopkins Avenue, Lots F and G, Block 53, City and Townsite of Aspen, Colorado, is subject to Ordinance #48, Series of 2007. This Ordinance identifies potential historic resources and creates a review process for any proposed alterations. The Ordinance also establishes a framework for City Council to negotiate with the property owner to secure voluntary historic designation; and WHEREAS, the owner of 211 West Hopkins Avenue, Vaughan Capital Partners L.P., is in the process of said negotiation. The owner triggered the negotiation period by submitting an application for a permit to demolish the structure at 211 West Hopkins Avenue. Ordinance #48, Series of 2007, provides Council with a 90 day period to delay the issuance of a demolition permit while other alternatives and preservation incentives are discussed. Council is to be provided with a recommendation about the historic significance of the resource from the Historic Preservation Commission; and WHEREAS, the 90 day negotiation period for 211 West Hopkins Avenue was to expire on June 17, 2009; and WHEREAS, the 90 day negotiation period for 211 West Hopkins Avenue was extended to September 15, 2009 by Aspen City Council pursuant to Resolution 29, Series of 2009, and was extended a second time by Aspen City Council to December 14, 2009 pursuant to Resolution 69, Series of 2009 and was extended a third time by Aspen City Council to February 14, 2010; and WHEREAS, Staff and the property owner are in agreement that more time is needed, and an extension of the negotiation to May 15, 2010 is appropriate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: The negotiation period established by Ordinance #48, Series of 2007, as it affects the property at 211 West Hopkins Avenue, is hereby extended to May 14, 2010. APPROVED by the Aspen City Council at its regular meeting on February 8, 2010 Approved as to form: John Worcester, City Attorney Attest: Mayor: Kathryn Koch, City Clerk Michael C. Ireland, Mayor r MEMORANDUM TO: Mayor Ireland and Aspen City Council THRU: Jennifer Phelan, Community Development Deputy Director FROM: Jessica Garrow, Long Range Planner ~~ RE: 1450 Crystal Lake Road -Final SPA, Final PUD, Final Timeshare, Multi-Year Growth Management, Rezoning, and Subdivision Reviews Second Readine. Ordinance No. 2, Series of 2010 MEETING DATE: February 8, 2010 APPLICANT /OWNER: Aspen Club and Spa, LLC REPRESENTATIVE: Sunny Vann, Vann Associates, LLC LOCATION: - 1450 Crystal Lake Road -Lot 15 of the Callahan Subdivision CURRENT ZONING: RR/PUD (Rural Residential) zone district with a Planned Unit Development (PUD) Overlay SUMMARY: The Applicant requests final PUD, final SPA, final Timeshare, Grow[h Management Reviews, Stream Margin Review, Rezoning, and Subdivision Review in order to develop 20 timeshare units, 12 affordable housing units, and 132 parking spaces on Lots 15 and 14A (the existing 35 spaces on Lot 14A will not change as part of this application) of the Callahan Subdivision. STAFF RECOMMENDATION: Staff recommends City Council require the Applicant to eliminate or relocate units 5 & 6 prior to granting approval. PBcZ RECOMMENDATION: The P&Z voted 4:2 in favor of the application. They approved 12 affordable housing growth management allotments and a stream margin review. They recommended the City Council approve the other land use reviews. SITE VISIT: Staff has scheduled a site visit at noon on February 8, 2010 Aspen Club Council Second Reading-2/8/2UlU Page 1 of 20 NOTE: Staff has attached new Exhibits to this memo. Exhibits that were part of the first reading packet are not being attached again. Please contact Jessica Garrow if you need an additional copy of the first reading exhibits. QUESTIONS FROM FIRST READING: City Council asked a number of questions at first reading that needed to be addressed at second reading. Below is a summary of the questions/issues raised and staff responses. 1. Can the timeshare owners terminate the Club if they want to? Response: The applicant has proposed language to be included in the Ordinance that memorializes language from the applicant's legal counsel. This language is incorporated as Section 3 in the Ordinance (page 4), and states that the Club must operate and be open to memberships from the general public as long as the timeshare use is approved for the property. In addition, the language requires the Subdivision/PUD/SPA Agreement and the Condo Declarations to prohibit the ability of the timeshare owners to terminate or restrict the operation of the Club facility. There is no language relating to the pricing of Club memberships to the timeshare owners or the general public. A letter from the Applicant's attorney is attached to this memo as Exhibit Q. Also attached is a letter from the Applicant's Representative outlining the availability of the Aspen Club's fractional units to the general public. This is attached as Exhibit R. 2. Provide more detail on staff s concerns with units 5 & 6. Response: The applicant has made a number of changes to the site plan throughout the review process. While progress has been made, staff continues to believe there is too much mass on the site. Exhibit S illustrates the evolution of the site plan to date. Given the applicant's energy and transportation commitments, staff is comfortable with the proposed unit count. However, staff has concerns regarding the mass of the project, and believes that the proposed unit configuration places too much mass on the site -the site is on the urban/rural fringe, and as such staff believes that less mass is appropriate for the area. Additionally, staff believes that more open space would create a clearer connection with the riparian area, would provide greater mountain views, and would potentially enable greater opportunities for outdoor programming. Staff believes that the current unit count and density is appropriate, but that there is Coo much mass on the site. Staff believes that units 5 and 6 are most appropriate to be removed or relocated because they are located in the middle of the lower bench, adjacent to proposed open space. Staff, therefore, recommends that those units be eliminated or relocated. Staff is not in a position to redesign the project for the applicant, but can suggest an alternative that could be pursued. One option is to eliminate the mass of units 5 and 6, decrease the size of all the Townhome units and incorporate units 5 and 6 into the other Townhome unit masses. Aspen Club Council Second Reading - 2/8/2010 Page 2 of 20 As a matter of public policy, the city encourages lodge units of 500 sq. fr. or less, as evidenced in the lodge section of growth management. Because the applicant's proposal includes an average unit size of 2,300 square feetZ, a 60% mitigation level is required.3 While the applicant has exceeded this requirement, staff believes that smaller unit sizes would help address the massing concerns. To give some context, The Gant, which is also located on Ute Ave and operates as a condominium lodge, has an average unit size of approximately 1,040 sq. ft., based on assessor data.4 At the current size, the proposed units would be at the top end of the amenity-based lodge product currently in the city. In response to Council questions at First Reading, the applicant has provided an optional revised site plan with units 5 and 6 incorporated into the other townhome masses on the lower bench.5 There is no change to the overall massing on site, and would require a reconfiguration of a portion of the trail. The plan is attached as Exhibit T. 3. Provide information on transportation (trails, roads, bus service, etc) in the area and the previous transportation commitments made by the Club. Response: The Aspen Club is currently served by Ute Avenue and Crystal Lake Road (accessed from Highway 82). There is shuttle service provided by the Club along Ute Avenue, and the Cross-Town Shuttle runs along Ute Avenue, providing service in the summer and winter seasons only, and has a stop at the Club. The Ute Ave sidewalk currently ends at the Benedict Building and does not serve the Club. There is a trail, commonly known as The Aspen Club Trail, that connects Ute Cemetery to the East of Aspen Trail. This trail runs across the Aspen Club property, adjacent to the river. There were some questions raised regarding previous approvals for transportation at the Aspen Club. In 1996, the Club owner (Dick Butera) received approvals to run a shuttle or pay into the cross town shuttle. If the applicant was going to run their own shuttle, it was to be run via Highway 82 and only run on Ute Ave for therapy patients. Staff in the Transportation Department and Community Development Department have examined the available information regarding the Club's 1996 transportation commitments. While the ~ For instance, the code section (26.470.080.3, Lodge Development) requires a mitigation rate of 60% if the average room size is 600 square feet or greater, 40% if the average room size is 500 sq. ft., 20% if the average room size is 400 sq. ft., and a mitigation rate of 10% if [he average room size is 300 square feet or less. Z There are lock-off capabilities, but this number is calculated using the lowest possible unit configuration because i[ is staff s understanding [hat [he units will most often be used in this manner given the nature of the proposal as a "healthy living project" rather than a traditional lodge. 3 The total square footage of the timeshare units is 46,000 sq. ft. -- 34,060 sq. ft. of townhome units and 11,940 sq. ft. of club units. Taken together, there are 20 timeshare units for an overall average of 2,300 sq. ft. per unit. When taken separately, there are 14 townhome units with an average of 2,432,8 sq. ft. and 6 club units with an average of 1,990 sq. ft. ° The Gant has a mix of 1 to 4 bedrooms, and unit sizes range from approximately 450 sq. ft. to approximately 2,100 sq. ft. s 'this is not a proposed change to the application by the applicant, but is instead intended to be an illustration of one option of a different site plan with units 5 and 6 relocated. Aspen Club Council Second Reading - 2/8/2010 Page 3 of 20 record is not entirely complete, staff has determined that an effort was made by the Club to comply with the 1996 approval. In early 1999 a Club representative met with the Community Development Department to discuss compliance with the required Transportation Plan. At the time the Club had not met the condition of approval, but did provide documentation of a Transportation Management Plan to the City on August 16, 1999. That plan indicated that the Club attempted to incentivize its workers to use alternate forms of transportation by providing discounted bus passes, carpool incentives, and a rideshare matching program. "the Club also stated that shuttle service was available on-demand to local hotels, and that the Cross Town Shuttle serviced the Club. On November 16, 1999, Transportation staff proposed that the Aspen Club partner with the City to help fund a portion of the Cross Town Shuttle in an effort to meet the 1996 requirements. Based on a letter sent from the City Attorney to Michael Fox (the new Club owner), it appears that the Club met with City Council on January 10, 2000 to discuss the Transportation Management Plan. There is no indication in the meeting minutes of any discussion of the 1996 Transportation Plan at this meeting. However, there was discussion at the February 28, 2000 Council meeting. The minutes indicate that Council was concerned that the Transportation Plan instituted by the Club did not meet the original condition of approval regarding parking spaces, and the shuttle provided by the Club. There was no discussion regarding where the shuttle operated, but the Club represented that a shuttle did operate between local hotels and the Club. The memo for that meeting that was provided by the Transportation Department again mentions the possibility of partnering with the Club to pay for the Cross Town Shuttle as a way for the Club to meet the condition of approval. In a letter from May of 2000, the Club provides information from a traffic analysis that measured all traffic entering/leaving the Club. Staff has not been able to locate a response to this letter, or any other correspondence between the City and the Club until 2003. A December 2003 letter from the City to the Club states that because the Club will not be paying for the Cross Town Shuttle, they must provide a van service by December 15, 2003, provide a payment for part of 2003 for use of the Cross Town Shuttleb, and provide a plan for proof of compliance, or risk violating the conditions of their 1996 approval. A December 30, 2003 letter from the Club to the City states that shuttle service will run yearly at specific times and will loop through town, that the amount owed for the 2003 use of the Cross Town Shuttle will be paid, and that the Club will comply with any annual reporting process the City proposes. A follow up letter from the City to the Club in March 2004 addresses the amount owed for the Cross Town Shuttle, but does not address any of the other requirements outlined in the December 2003 letter. Staff was not able to find any other information regarding the 1996 approvals. Based on the information available, Staff believes that the existing shuttle service provided by the Club meets the requirements for the Club to provide some kind of shuttle service. However, there was never any discussion regarding the route that the Club's shuttle should take, and therefore Staff believes that until a new Transportation Management Plan is It appears that the Club utilized the Cross Town Shuttle for part of 2003, and was therefore required to pay for that time. Aspen Club Council Second Reading - 2/8/2010 Page 4 of 20 formally adopted, the Aspen Club Shuttle should technically be using Highway 82 rather than Ute Ave, as was required in the 1996 approval. However, it is Transportation and Planning staffs' preference that the shuttle run off of Ute Avenue because it will encourage higher usage than running the shuttle off of Highway 82 due to more direct access to the Club and current usage patterns. The TDM Plan that is proposed as part of this application would run the shuttle off of Ute Avenue. The complete Transportation Demand Management Plan (TDM) is attached as Exhibit U. 4. Explain the requested dimensional variances -what in the project is driving the need for dimensional variances? Response: The development itself (location, size, and massing of the buildings) has not changed since the Conceptual Review. However, because the applicant now proposes to subdivide the existing Lot into five new lots, additional dimensional variances are required. The applicant is requesting a subdivision for the creation of 5 lots. The subdivision is proposed to help facilitate the ownership, control, operation and management of the timeshare units separately from the Aspen Club and Spa and the affordable housing units. The applicant has requested variances from the standards in the Rural Residential (RR) zone district, which contain large setback requirements. The Club is zoned RR because it is the only district in the city that allows a "recreation club," not because of any neighborhood characteristics. A majority of the setback variances are needed because of the proposed subdivision and the creation of lot lines adjacent to buildings (i.e. between Lot 1 and Lot 5 for the affordable housing units) and within buildings (i.e. the creation of an airspace lot -Lot 2 -within the Club Building). At the conceptual review, the applicant was not proposing to subdivide the lot into multiple lots, so the only setback variance required was for the affordable housing units - 7.5 feet for the front yard (along Ute Ave) and 5 feet for the east side yard (along the Silverlining Ranch property side). The applicant still requires these setbacks, in addition to the others that are now required because of the proposed subdivision. In addition, the applicant is requesting a height variance to accommodate the affordable housing units -this is the same variance that was requested during the Conceptual Review. The variance, at its highest point is 41 feet, and is a result of topography on the site. The underlying zone district has a height limit of 28 feet. REQUEST OF CITY COUNCIL: The review of an SPA, PUD, and Timeshare is a four step review process. Step one is conceptual review before the Planning and Zoning Commission, step two is conceptual review before City Council, step three is final review before P&Z, step four is final review before Council (this public hearing). The Applicant is requesting the following land use approvals from City Council to redevelop the site: City Council Approvals: • Final PUD approval for the construction of Affordable Housing and Timeshare Lodge pursuant to Land Use Code Chapter 26.445, Planned Unit Development. (City Council is Aspen Club Council Second Reading - 2/8/2010 Page 5 of 20 the final review authority after considering a recommendation from the Planning and Zoning Commission). • Final SPA approval for the construction of Affordable Housing and Timeshare Lodge pursuant to Land Use Code Chapter 26.440, Specially Planned Area. (City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission). • Subdivision approval for the creation of multiple affordable housing units and timeshaze units and subdividing the lot into 5 new lots pursuant to Land Use Code Chapter 26.480, Subdivision (City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission); • Rezoning to include an SPA Overlay pursuant to Land Use Code Chapter 26.310, Amendments to the Land Use Code and Official Zone District Map (City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission); • A Multi-Year Growth Management Review (Chapter 26.470.090.1, Multi-year development allotment) for the development of lodge pillows. (City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission). • A seven (7) year Vested Rights period (Chapter 26.308, Vested Property Rights). (C~ Council is the final review authority.) Administrative Reviews: Condominiumization (Chapter 26.480.090, Condominiumization) to demarcate ownership of the timeshaze units. (This is an Administrative Review that is completed after all other reviews have been granted.) BACKGROUND: The Aspen Club is located off of Ute Avenue in the Rural Residential (RR) zone district and currently has a PUD 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 IS via a bridge over the Roaring Fork River and through Lot 14. A number of PUD Amendments have been made to the Callahan Subdivision since the original approval. These included expanding the Club to 72,409 sq. ft., splitting Lot 14 into Lots 14E and 14W (each has asingle-family home now), and adding fifty-six (56) parking spaces on Lot 15. Lot 15 is zoned Rural Residential (RR); this is the only zone district within the city that permits a recreational facility. Aspen Club Council Second Reading - 2/8/2010 Page 6 of 20 The existing Aspen Club lot includes a large grade change between the Club facility and surface parking area, and the tennis courts. The tennis courts are located nearly ten (10) feet lower than the surface parking. This memo will refer to "benches", with the "upper bench" indicating the Club building and surface parking lot, and the "lower bench" representing the tennis courts. The Aspen Club is located on Ute Avenue. The site is located near the urban/rural fringe, and as such has a more rural feel than other areas of town. Ute Ave has a variety of uses, including non-profit (Silverlining Ranch), commercial (Benedict Office Building), affordable housing, free-market housing (both single family and multi-family), and short term accommodations (The Gant functions as short term accommodations, though it is technically multi-family residential). Immediately across the river from the Club are two single family homes (Lots 14E & 14W), zoned Moderate-Density Residential (R-15) with a PUD overlay. The Benedict Office Building is located immediately west of the Aspen Club. This parcel is zoned Rural Residential (RR) with a PUD overlay and an SPA overlay. The building contains commercial and residential uses, and the SPA was established to permit commercial uses. Also immediately to the west of the Aspen Club is the 10`h Mountain Division affordable housing, also zoned Rural Residential (RR) with a PUD overlay and an SPA overlay. Immediately to the east of the Club is the Silverlining Ranch, zoned Academic (A) and Conservation (C) with an SPA Overlay. The SPA was established to allow the Silverlining Foundation's activities with sick kids and to establish dimensional requirements. Across Ute Avenue to the North are the Ute Park Townhomes, zoned Affordable Housing (AH) with a PUD overlay. A map of the area is below: Aspen Club Council Second Reading - 2/8/2010 Page 7 of 20 A similar application was made in 2004, but was withdrawn during City Council review. Since that time the Applicant has refined the proposed health/wellness program, and better articulated the operation of the timeshare units. The Planning and Zoning Commission and City Council voted in favor of the Conceptual application in 2008 (P&Z vote was 4:1 and the Council vote was 4:1). The minutes from the Council review are attached as Exhibit L, and the Council Resolution granting Conceptual approval is located in the Applicant's Appendix (Exhibit 13 of Appendix B). On October 20, 2009, the P&Z voted 4:2 in favor of the Final application. The minutes from all three P&Z meetings are attached as Exhibit M. "the Planning and Zoning Commission's Resolution is attached as Exhibit N. P&Z's recommendation is outlined in more detail later at the end of this memo. PROJECT SUMMARY: The Applicant is proposing to add twenty (20) new timeshare units to the Aspen Club property. Fourteen (14) of these units are stand alone "townhouse" units that are in four groups. Six (6) of the units are proposed to be added to the existing Club building (the "club" units). This is the same unit number and mix that was approved conceptually. The Applicant also proposes twelve (12) affordable housing units. These units aze all proposed to be 2-bedroom, and will be a mix of Category 2, 3, and 4. This is the same unit count and mix as proposed at conceptual review. A total of 132 pazking spaces are proposed for the development. This is one less space than was proposed at Conceptual Review. The decrease is a result of needing additional access stairs from the subgrade gazage. Plattine The Applicant is proposing to subdivide Lot 15 into 5 new lots, as follows: • Lot 1: Contains the Club, the subgrade and surface parking, and other open areas • Lot 2: Contains the "club" units • Lot 3: Contains the "townhouse" units that aze on the lower "bench" • Lot 4: Contains the "townhouse" units that are on the upper "bench" • Lot 5: Contains the Affordable Housing units Lot 2 is an "air rights lot" It has no land area associated with it, as it is located between the floor and ceiling of a portion of the club building. The Applicant is proposing this kind of subdivision so the Club can be retained and owned entirely separate from the timeshare owners. The Application Appendix (Exhibit 4 of Appendix D) explains the subdivision proposal. The City Attorney's Office has reviewed the proposal and believes it complies with the Colorado Revised Statutes and City Code. Dimensional Requirements: "the applicant's proposal in terms of mass and scale has not changed from the conceptual approval. However, additional dimensional vaziances are needed because of the subdivision request. The dimensional table below outlines the proposed dimensional requirements. When listing the dimensional requirements, all front yazd setbacks aze the south side of the lots, all the rear yard Aspen Club Council Second Reading - 2/8/2010 Page 8 of 20 setbacks aze on the north side of the lots, and all the side yard setbacks aze the east and west sides of the lots. Underlying RR proposed Dimensional Requirements Dimensional Requirements Zone District Dimensional for subdivided lots based on fathering parcel Dimensional Requirement Re uirements Lot 1: 124,661 sq. fr. Total Lot Area: 4.941 acres, Minimum Lot Lot 2: N/A or 215,232 sq. fr. 2.0 acres, or Size Lot 3: 10,812 sq. fr. Lot Area after Slope 97,120 sq. ft. Lot 4: 26,110 sq. ft. Reduction: 170,938 sq. ft. Lot 5: 9,355 s . fr. Minimum Lot Multi-Family: Area per N/A N/A N/A dwellin unit Lodge: N/A Lot 1: 277 Feet Lot 2: N/A Minimum Lot Lot 3: 135 Feet 352 Feet 200 Feet Width Lot 4: 266 Feet Lot 5: 95 Feet Lot 1: 30 feet above grade, 5 feet below grade Minimum ot 2: N/A l 7.5 Feet for Affordable Front Yard , Lot 3: 10 feet Housing Units 30 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 5 Feet on east side for Yard Setback Lot 3: ] 0 feet Affordable Housing Units. 20 Feet (East Side) Lot 4: 20 feet Lot 5: 5 feet Lot 1: 60 feet above grade for building, 20 feet above grade for garage access Minimum Side stair, 5 feet below grade 5 Peet on west side for Yard Setback Lot 2: N/A subgrade garage; 20 feet for 20 Feet (Wes[ Side) Lot 3: 20 feet timeshare Unit 1. Lot 4: 5 feet Lot 5: 0 feet Lot 1: 100 feet (15 feet from Top of Slope) Minimum Rear Lot 2: N/A 100 Feet 20 Feet Yard Setback Lot 3: 10 feet Lot 4: 10 feet Lot 5: 10 feet Townhouse iJnits (Lots 3 & 4) Affordable Housing Unit Maximum Pitched Roofs (Units I, 7, 14): 28 feet 11, Northwest Comer: 32 28 Feet Height Flat Roofs (Units 2-5, 8-13): 28 feet feet Aspen Club Council Second Reading - 2/8/2010 Page 9 of 20 RR Underlying Dimensional Proposed Dimensional Requirements Dimensional Requirements Zone District Requirement for subdivided lots based on fathering parcel Dimensional Re uirements Club Units (Lot 2): 28 feet Affordable Housing Unit Affordable Housing Units (Lot 5): 28 12, Northwest Corner: 41 feet with the following exceptions: feet Unit 11, Northwest Corner: 32 feet Affordable Housing Unit Unit 12, Northwest Corner: 41 feet 12, Southwest Corner: Unit 12, Southwest Corner: 31.25 feet 31.25 feet Aspen Club Building (Lot 1): 28 feet Minimum % N/A N/A N/A Open S ace Total FAR:.55:1 Total FAR:.55:1 Single-family: Total: 94,750 sq. ft. Total: 94,750 sq. ft. Same as R-15 Multi-family (affordable housing units): Multi-family (affordable h i i 12 390 ft zone district Allowable 12 390 sq. fr. ous ng un ts): , sq. . Multi-family: Floor Area , Lodge: 50,490 sq. ft. (Townhouse Units: Lodge: 50,490 sq. fr. N/A 34 410 sq. ft.; Club Units: 16,080 sq. ft.) (Townhouse Units: 34,410 Lodge: N/A , Commercial (Club): 31,870 sq. ft. ~ ~ ft.; Club Units: 16,080 sq. Commercial: N/A Commercial (Club): 31,870sf Lodge: .5 spaces per key (20 132 spaces total: 132 spaces total: spaces) Lodge: 20 spaces bodge: 20 spaces Club and Spa: 1 Minimum Off- Aspen Club and Spa: 95 spaces (60 Aspen Club and Spa: 95 space per 1000 Street Parking spaces on Lot 1; 35 spaces on Lots 14A spaces (60 spaces on Lot 1; sq. ft. of net & 14W) 35 spaces on hots 14A & leasable (43 AH units: 17 spaces 14W) spaces) AH units: 17 spaces AH units: 1 space per unit (12 s aces) Parking• Lot 15 currently contains fifty-six (56) parking spaces and Lot ]4A currently contains thirty-five (35) parking spaces, for a current parking level of ninety-one (91) spaces. The Applicant proposes reducing the number of surface parking spaces on Lot 15 from fify-six (56) to thirty-nine (39), adding fifty-three (53) spaces in a sub-grade garage on Lot 15, and five (5) spaces in front of the affordable housing units that will be signed for short-term parking. The thirty-five (35) existing space on Lot 14A will remain. This brings the total parking to: Lot 15: 97 spaces Lot 14A: 35 spaces Total: 132 spaces (net increase of 41 spaces) Aspen Club Council Second Reading - 2/8/2010 Page 10 of 20 Access to the sub-grade pazking gazage will be provided along Ute Ave, and access to the spaces on Lot 14A will be maintained via the path over the River. Twenty (20) of the spaces are dedicated to the timeshare units and will be in the subgrade gazage. Seventeen (17) of the spaces aze dedicated for the affordable housing units -twelve (12) of these will be for long term storage of cars and will be provided in the sub-grade garage; the other five (5) will be for short term parking and will be located above grade in front of the affordable housing units. Ninety-six (96) spaces will be dedicated to the Club use (these consist of 22 sub-grade garage spaces, 39 surface parking spaces, and 35 spaces on Lot 14A). The conceptual approval included 133 parking spaces. One was eliminated between conceptual and final to accommodate a fire access stair in the garage. The increase in pazking is lazgely a result of code requirements for the timeshare units (20 spaces are required) and the affordable housing units (12 spaces are required). Timeshare Units: The proposal includes twenty (20) timeshare units, divided into fourteen (14) "townhome" units and six (6) "club" units. The club units will be added to the existing Club building, while the townhome units will be stand alone units. The townhome units are divided into four separate two-story structures, consisting of ten (10) three-bedroom units and four (4) four-bedroom units. Lock offs are proposed in these units to permit flexibility (for instance athree-bedroom unit could be locked off to include aone- bedroom unit with a kitchen and atwo-bedroom unit), which results in a total of twenty-eight (28) separately occupiable divisions or keys (14 units with 14 lock-offs = 28 keys total). Three of the two-story structures are located on the "lower bench" of the property, where the tennis courts currently exist. The townhouse units will range in size from 2,310 sq. ft. of floor azea to 2,740 sq. ft. of floor area. The six (6) club units consist of four (4) three-bedroom units and two (2) two-bedroom units. The lock-offs proposed for these units will enable them to be used as eight (8) one-bedroom hotel-style units (no kitchen) and four (4) two-bedroom suites (with a kitchen). The lock-offs will contain six lock-off bedrooms, for a total of twelve (] 2) keys (6 units with 6 lock-offs = 12 keys total). The club units will range in size from 1,670 sq. fr. of floor area to 2,150 sq ft of floor area. The total number of lodge keys proposed as part of this development is: Townhomes: 28 keys Club Units: 12 keys Total: 40 keys Each fraction interest purchaser will own an undivided 1/8 fee interest in a specific unit along with an undivided interest in the common elements. There are a total of 160 separate timeshare interests (20 units x 8 estates per unit). The conceptual application proposed undivided 1/16 interests, for a total of 320 separate timeshare interests (20 units x 16 estates per unit). The proposed units will be used by owners in two (2) two-week floating blocks of time for 32 weeks of the year (two floating weeks from approximately December 15 through April 15 and two floating weeks from approximately June 1 through September 30). In addition, each owner Aspen Club Council Second Reading - 2/8/2010 Page 11 of 20 will be able to reserve up to two weeks of time during the spring and fall "mid-seasons" on a first come, first served basis. When the units are not used by owners, the units will be available for nightly rental or for use in one-week increments. Affordable Housin¢: The Application includes twelve (12) affordable housing units in a three-story structure. Nine (9) of the units will contain 950 sq. ft. of net livable area and three (3) of the units will contain 860 sq. fr. of net livable area. The proposal is for a mix of Category 2, 3 and 4 units, and the units are proposed to be rentals controlled by the Aspen Club and Spa in order to ensure Aspen Club employees have the first opportunity to live in the units. APCHA has recommended, and the applicant has agreed, that the smaller units be Category 2, and that the larger units be designated at Categories 3, and 4. Vestine: The applicant is requesting a seven (7) year vesting period. State Law, as well as the Land Use Code allow for a three (3) year vesting period. The applicant is requesting a longer vesting period because of the uncertainty of the national economy. The applicant's summary of the request is attached as Exhibit J. Healthy Living Proposal: The Applicant's over-arching goal with this proposal is to create an integrated healthy-living community in which the fractional owners, Club members, and the general public can participate. Different health and wellness programs will be offered throughout the year for timeshare owners and community members to take part in (for instance a cancer survivors program, yoga retreat, etc). The application outlines six key concepts that form the basis for the "Aspen Club Living" proposal: I. Demonstrate leadership in the area of sustainable development. The applicant is striving to have fewer impacts to the community after the project is completed compared to the current impacts. The applicant has committed to no growth in traffic levels on Ute Avenue and to maintain or reduce the carbon footprint of the lot afer development. 2. Demonstrate what defines a healthy neighborhood and a healthy lifestyle. The proposal has been accepted into the new LEED for Neighborhood Development (LEED- ND) Pilot Program, and the Applicant intends for the project to "provide a landmark sustainable environment for a healthy lifestyle in healthy buildings." 3. Improve the neighborhood. The applicant is implementing a safety plan for Ute Ave, and speed reducing measures (speed bumps and humps). The applicant is also providing a trail easement along their property to complete the Ute Ave trail, providing money for the completion of the sidewalk along Ute Avenue, and paving part of the cul- de-sac on Ute Ave to bring it up to city standazds. 4. Be a leader in energy conservation. The Applicant has committed to reducing the Club's carbon footprint from today's levels by using a combination of geothermal ground source heat pumps, using solar photovoltaic panels to generate a portion of the Aspen Club Council Second Reading - 2/8/2010 Page 12 of 20 Club's electricity, and reducing existing heating/cooling loads by upgrade HVAC systems, insulation, etc. Details on the applicant's energy savings proposals are in the Applicant's Appendix (Exhibit 2 of Appendix D). 5. Benefit the Club's current members, employees, guests and the Aspen community. The applicant anticipates 7 million dollars of investment in the Club as a result of this development proposal. This money will help pay for an upgraded HVAC system, new programs and activities, outdoor fitness areas, an outdoor pool area, new equipment, and new locker rooms. 6. Directly support and promote its employees. The applicant states that the development proposal will allow for increased employment opportunities for club employees. This would occur because of more consistent business that results from the timeshare units and because of the planned expansion of programming and activities beyond the current offerings. In terms of transportation, the applicant has committed to the following steps in an effort to minimize automobile use in the project and to ensure there is no increase in traffic beyond today's levels (see Exhibit U, the Applicant's revised TDM Plan, for more details on this plan): • Increase Shuttle service to the Club and maintain regular pick-ups at locations throughout the City; • Purchase alternative fuel cars for use by the Club's timeshare owners, employees, and guests; • Provide on-demand pick-up service at the Airport to discourage car rentals by timeshare owners; • Require all Club employees to carpool, take public transportation, or use the Club's Shuttle service; • Participate in the City's Car Sharing Program; and • Create a bicycle sharing program. The Applicant intends to continue the use of the Club as a day-use health and fitness center, while adding an additional "Aspen Club Living" component that provides more healthy living programming. PLANNING AND ZONING COMMISSION RECOMMENDATION: When reviewing the Final Application, the Planning and Zoning Commission focused on two major issues: 1. The nature of the "public benefit" created by the proposal, and 2. Transportation impacts on Ute Avenue as a result of the project. Overall, the P&Z did not share staffs concerns regarding architecture, scale, mass, and landscaping. Detailed minutes from the P&Z hearing are attached as Exhibit M. Pug-.tc BeNeerr: ' One P&Z member expressed agreement with Staff s position, buC did not feel the concerns were great enough to vote against the project. Another member voted "no" on the project because of the use mix and massing concerns. Aspen Club Council Second Reading - 2/8/2010 Page 13 of 20 In order to create an SPA designation, the P&Z and City Council must find that a "public benefit" is created to allow for design and use flexibility on the site. The P&Z expressed concerns regazding the permanency of the Club under the proposal, and that if the Club use and operation as exists today is eliminated than the public benefit would be minimal or not exist. There were also concerns raised regarding the ability of the timeshare owners to eliminate the Club in the future. This concern resulted in the following language in Section 2 of the P&Z Resolution: "The Applicant shall pursue creative ways to ensure the public benefit !s maintained and include. it as part of the Council review. " The Applicant has since provided a letter from their Attorney regarding the nature of the connection between the Club operation as it exists today and the Timeshare development. This letter has been reviewed by the City Attorney's Office and is attached as Exhibit K. The letter states that the nature of the Timeshare documents, easements, the Fractional Interest Purchase Documents, and the SPA/PUD/Subdivision Agreement creates an "inextricable connection between the continued operation of the Aspen Club & Spa facility and the proposed Aspen Club Living Condominiums." The City Attorney agreed with the general conclusions of the letter that there are multiple cross connections between the Club and the fractional units and that any change in use will require further land us approvals from the City. Following First Reading, the Applicant provided a second letter (attached as Exhibit Q) that added language to the Ordinance regarding the continued operation of the Club while a timeshare use operates on the property (more detail is included in staff s response to Council's First Reading question on page 2 of this memo). While P&Z voted to approve the project and a number of members stated that this was an issue for City Council to resolve, they were extremely concerned about this issue and asked staff to highlight this concern in the Council Memos. TRANSPORTATION: Throughout the three P&Z hearings on this case the issue of transportation and traffic impacts on Ute Avenue was raised as a major issue. The Applicant had completed a Transportation Demand Management (TDM) Plan using input from city Community Development, Engineering, Environmental Health, and Transportation staff. The applicant outlined a goal of no increase in traffic along Ute Ave as a result of this project, and the TDM plan included a number of items the Applicant committed to in order to help reach this goal. The Plan also included a monitoring section that gave the City and the Applicant some flexibility in amending the TDM measures if one was found to be ineffective, etc. Overall, staff believes the plan presented was one of the most comprehensive plans presented by an application. The P&Z expressed concerns that the TDM Plan would not effectively control traffic and that the plan was not directive enough. The P&Z's included language in the Resolution requiring that a revised version of the TDM Plan be presented at City Council that was cleazer and directive (this revised plan is attached to the memo as Exhibit U and has been attached as Exhibit A to the Aspen Club Council Second Reading - 2/8/2010 Page 14 of 20 Ordinance).s Amore complete summary of the concerns can be found in the P&Z minutes, attached as Exhibit M. STAFF COMMENTS: SPECIALLY PLANNED AREA: A Specially Planned Area (SPA) is a process in which a site specific development plan is created which encourages flexibility and innovation in the development of land and promotes objectives outlined in the Aspen Area Community Plan by allowing the variation of the underlying zone district's land uses and dimensional requirements for the benefit of the public. The parcel does not currently have an SPA overlay. An overlay is proposed to allow for the lodge use and multi- family housing use (the proposed affordable housing) on the property. While the site is quite large, there are significant slopes, a required Stream Margin buffer, and a sewer easement that create site constraints. These constraints, however, offer unique development possibilities. For instance, the proximity to the river enables new development to better interact with the riparian area than the existing tennis courts have. Strong attention to the relationship between the new development and the riparian area should be considered. There are no protected view planes in the vicinity, but Staff believes it is important to retain the perception of the riparian corridor from the center of the site. The applicant made a number of changes to the architecture and site plan during the conceptual review process in an effort to address staffs concerns, however staff does not believe these changes go far enough to ensure the riparian area is made prominent in the design. The site is located near the urban/rural fringe, and as such has a more rural feel than many other parts of town. The location at the end of Ute Avenue also contributes to a more rural feeling. Staff recommends that "townhouse " units S and 6 be eliminated or relocated to provide a break in the massing, to better fit in with the context of the area, and to create a clearer connection to [he riparian area. In addition, staff finds that additional ref nement is needed for the landscape plan. The landscape plan includes a great deal of paving and feels rather formal for the setting. Additionally, the site plan and landscaping does not create the kind of connection to the riparian area that staff believes ds needed. The elimination or relocation of units 5 and 6 would better achieve this connection. PLANNED UNIT DEVELOPMENT: The Callahan Subdivision already includes a PUD Overlay, so this application would amend the PLJD to establish dimensional requirements for the Aspen Club parcel (Lot 15). Because of the proposed subdivision into 5 new lots, there are a number of dimensional requirements that need to be amended as part of the PUD. Staff believes these dimensional variations are appropriate in the setting given the slope changes between this area and the adjacent parcel and Ute Avenue. Staff is supportive of the programs the Applicant is attempting to bring to the Club and to Aspen. The program will create a unique addition to the Aspen Community. The applicant has stated that programming will provide opportunities for locals to participate, in addition to the timeshare "One member voted "no" on the project because of the traffic issues and the TDM Plan. Aspen Club Council Second Reading - 2/8/2010 Page 15 of 20 users. Staff would like to see additional information on the programming element to ensure locals are able to attend the new health and wellness programs at the Club. The applicant has come a long way since the initial conceptual application in terms of transportation. The applicant has worked with the city to create a monitored Transportation Demand Management (TDM) plan. These tools include the use of carpooling and incentives for employees to use alternative modes of transportation, participation in the CarShaze program, the availability of bikes for use by affordable housing residents and timeshare users, and coordinated shuttle service for visitors. Additionally, the applicant is installing a sidewalk along Ute Ave to create a more pedestrian friendly environment. The applicant has also committed to zero growth in traffic as a result of this project, as well as a net decrease in energy use. While staff is supportive of the transportation and energy commitments, staff does have concerns about certain aspects of this PUD proposal, specif cally that there is too much mass on the site. As mentioned !n the SPA section above, Staff has some concerns that the site plan does not provide a connection to the riparian area. Staff believes the elimination or relocation of units S and 6 would help the project fzt in better with the area context. TIMESHARE DEVELOPMENT: The Applicant proposes a timeshaze use program for the twenty (20) lodge units. As mentioned above, these units are divided between six (6) "club" units and fourteen (14) "townhouse" units. The Applicant proposes 160 separate timeshare interests. There aze twenty (20) timeshare units, and the Applicant proposes each owner have a 1/8 deeded interest in a specific unit for two sets of two (2) fixed weeks. The timeshaze plan includes nineteen (19) "Mid-season weeks" that will used as the plan's "float time." These weeks, and any unused portion of the fixed weeks, will be made available to the public for nightly rentals. The owners of the unit would be able to reserve no more than two weeks or fourteen (14) days of the "float time" at any one time. Each timeshare owner is prohibited from occupying a unit for more than thirty (30) consecutive calendar days. The Applicant has not determined if the units will be part of an exchange program, but the timeshaze instruments submitted with the final application will permit participation in a timeshare exchange program should the condominium association approve it. The timeshare program, called "Aspen Club Living" by the Applicant, will have afully-staffed, on-site front desk located in the existing Club's main entry. The Applicant anticipates current Aspen Club Staff to staff this function. The program will follow the mandatory operational practices outlined in Land Use Chapter 26.590.060.8, Mandatory Operational Practices. 7 he Applicant proposes more affordable housing mitigation than is required by the code for the proposed timeshare units. 'the ]odge development includes 62 bedrooms (ten 3-bedroom units, four 4-bedroom units, lour 3-bedroom units, and two 2-bedroom units). Land Use Code section 26.470.100.A.1 states that there are .5 FTEs per lodging bedroom. Therefore, the employee generation is 31 FTEs (62 lodge bedrooms * .5 FTEs = 31 FTEs). At a mitigation level of 60%, the required mitigation for the project is 18.6 FTEs (31 FTEs * 60% = 18.6 FTEs). Aspen Club Council Second Reading - 2/8/2010 Page 16 of ZO The applicant is providing twelve 2-bedroom affordable housing units. Land Use Code section 26.470.100.A.2 states that each 2 bedroom unit houses 2.25 FTEs. Therefore, the proposed 12 affordable housing units will house 27 FTEs (12 two-bedroom units * 2.25FTEs = 27 FTEs). This is approximately 145% of the required affordable housing mitigation. No mitigation is required as part of the Club remodel, as there is no increase in the amount of net leasable area. The Applicant has pledged to meet all of the applicable timeshare requirements. Information on the timeshare development instruments will be submitted as part of the final application. A drafr disclosure statement has been provided as part of the Application Appendix (see Appendix E, Exhibit 4 in the Application). Staff recommends approval of the proposed timeshare. GROWTH MANAGEMENT REVIEW -MULTI-YEAR REVIEW FOR LODGING: The applicant needs a total of 124 lodge allotments for the proposed development. Only 112 allotments are available in any one growth management year, so the applicant is requesting allotments from multiple years. The review for multi-year allotments requires that the proposal be "exceptional" (section 26.470.090.1 of the Land Use Code). Staff believes many aspects of the proposal are "exceptional," though some changes should be made to the massing and site plan to meet this review. The applicant is providing a mix of 2, 3, and 4 category affordable housing units as part of the proposal when the code requires category 4 units. Staff believes this is a benefit to the community and believes it contributes to the "exceptional" nature of the project. In addition, the applicant is providing 145% of the required affordable housing. The applicant has committed to creating no net new energy usage as a result of the development, which is a significant commitment and contributes to the project being "exceptional." The applicant is investigating the use of modular construction methods in an effort to reduce construction impacts on the neighborhood. In terms of transportation, the applicant is committing to having no new traffic created as a result of this project. This commitment to "zero growth" in traffic is significant and also contributes to the project being "exceptional." Staff does not believe the site plan is "exceptional." As mentioned in the SPA and PUD sections above, the elimination or relocation of units 5 and 6 is appropriate. Staff recommends that / 12 allotments come from the 2009 Growth Management Year and 12 come from the 2010 Growth Management Year. StafJ'would like to see more detail regarddng construction techniques be provided prior to fnal approval. Staff also recommends the elimination or relocation of units 5 and 6 to create a more "desirable site plan and architectural design solution. " Staff does nol recommend in favor of the allocation of multi year lodge growth management allotments at this time due to the massing concerns. REZONING: The applicant is required to rezone the property because of the creation of the SPA overlay. The overlay is needed to allow the multi-family residential and lodging uses on the property. The area contains a mix of uses, including short-term accommodations, affordable housing, Aspen Club Council Second Reading - 2/8/2010 Page 17 of 20 commercial, and free-market housing, and staff believes the SPA overlay is appropriate and is consistent with the uses and zoning in the azea. Staff recommends approval of the Rezoning. SUBDIVISION: The applicant is requesting a subdivision for the creation of 5 lots. The subdivision is proposed to help facilitate the ownership, control, operation and management of the timeshare units separately from the Aspen Club and Spa and the affordable housing units. The affordable housing units will be owned by the Aspen Club and rented to qualified employees of the Aspen Club. Each of the fractional interests will own an undivided interest in Lots 3 and 4, which will be designated as common elements in the condo and timeshare documents. The applicant will record an easement agreement between the Aspen Club & Spa and the club units (Lot 2) regarding maintenance, repair, and restoration of common structural features (walls, roof, etc). Subdivision is also requested for the creation of individual ownership interests in the timeshare units. Staff recommends in favor of the Subdivision Review. VESTED PROPERTY RIGHTS: The Applicant is requesting a vested property right for the proposed development plan for a period of seven (7) years rather than the standard three (3) yeaz period. The Applicant is requesting the longer vesting period "given the current state of the national and local economy, and the availability of financing for projects such as the proposed development." Vesting provides an Applicant a timeframe in which the Applicant can rely on the approvals granted in a site specific development plan. It allows the Applicant to undertake and complete the development and use of said property under the terms and conditions of the site specific development plan. Once vested, a development plan shall not be required to be amended as a result of "any zoning or land use action by the city or by an initiated measure" during the vesting period. If the vested rights expire, the project will be subject to any new regulations that may impact the approval granted. The Land Use Code provides for a three year vesting period and a variation from that period is at the sole discretion of the City Council. The City does have a process for extending or reinstating vested rights (Section 26.308.101 C., Extension or Reinstatement of Nested Rights). An extension, if granted would be approved by the City Council. Staff recommends that the longer vesting period not be granted at this time, as it does not provide a community wide benefit. REFERRAL AGENCY COMMENTS: The City Engineer, Building Department, Aspen Sanitation District, Housing Department, Fire Marshall, Attorney's Office, Environmental Health Department, Transportation Department, Utilities and the Parks Department have all reviewed the proposed application and their requirements have been included as conditions of approval when appropriate. Aspen Club Council Second Reading - 2/8/2010 Page 18 of 20 Parks has requested that a trail easement be granted on the property adjacent to Ute Avenue to allow the completion of the Ute Ave trail. This has been included as a condition in the Ordinance. In addition, Engineering and Utilities/Public Works have both identified on-site drainage and soil conditions as a potential challenge for the proposed site. The affordable housing proposed meets the required housing mitigation and provides housing categories above what is required by code. APCHA has recommended that the smaller units be designated as Category 2 units, and the large units be designated Categories 3 and 4. This has been included as a condition of approval. STAFF RECOMMENDATION: At this point and time, staff recommends City Council require the Applicant revise their plans prior to an approvals. Specifically, staff recommends the applicant: • Eliminate or relocate units 5 and 6 from the site plan. • Kevise the landscaping plan to consolidate the paved areas so it fits in better with the rural nature of the area. • Provide more detailed information on the programming elements of the proposal. PROPOSED MOTION: "I move to approve Ordinance #2, Series 2010, approving Final Specially Planned Area (SPA), Final Planned Unit Development (PUD), Final Timeshare, 124 Multi-Year Lodge Growth Management Allotments, Rezoning, and Subdivision for the Aspen Club project." CITY MANAGER COMMENTS: Attachments: The follow Exhibits were provided in the First Reading Packet, and are not attached to this Packet Exhibit A -SPA Review Criteria, Staff Findings Exhibit B - PUD Review Criteria, Staff Findings EXHIBIT C - "Timeshare Review Criteria, Staff Findings EXHIBIT D -Growth Management Review Criteria, Staff Findings EXHIBIT E - Rezoning Review Criteria, Staff Findings EXHIBIT F -Subdivision Review Criteria, Staff Findings F"xtiIBIT G - DRC Comments ExtllalT H -Housing Comments Aspen Club Council Second Reading - 2/8/2010 Page 19 of 20 EXHIBIT I -Revised Transportation Demand Management (TDM) plan EXHIBIT J -Applicant's Letter Regarding Vesting ExttiaiT K -Applicant's Letter Regarding Continuing Operation of the Aspen Club & Spa ExttisiT L -City Council minutes from Conceptual approval, July xx, 2008 EXHIBIT M -Planning and Zoning Commission Minutes from Final approval, September 29, October 6, and October 20 2009 EXHIBIT N -Planning and Zoning Commission Resolution ExHiBrr O-Application (Bound) EXHIBIT P -Application Appendix (Bound) The following Exhibits are new, and are attached as part of this packet. Exhibit A - SPA Review Criteria, Staff Findings Exhibit B - PUD Review Criteria, Staff Findings EXHIBIT C -Timeshare Review Criteria, Staff Findings EXHIBIT D -Growth Management Review Criteria, Staff Findings EXHIBIT E - Rezoning Review Criteria, Staff Findings EXHIBIT F - Subdivision Review Criteria, Staff Findings EXHIBIT Q -Letter from Applicant's Attorney dated January 14, 2010 regarding the continued operation of the Club facility EXHIBIT R -Letter from Applicant's Representative dated January 25, 2010 regarding the public accessibility to the proposed timeshare units ExHiBiT S -Site Plans from each stage of the proposed project EXHIBIT T -Optional site plan provided by Applicant, per City Council request ExHiBiT U - [Jpdated 1'DM Plan EXHIBIT V -Letters from the public Aspen Club Council Second Reading - 2/8/2010 Page 20 of 20 ORDINANCE N0. Z, (SERIES OF 2010) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING FINAL SPECIALLY PLANNED AREA (SPA), FINAL PLANNED UNIT DEVELOPMENT (PUD), FINAL TIMESHARE, MULTI-YEAR GROWTH MANAGEMENT REVIEW, REZONING, 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. Parce[ ID: 2737-181-32-019 WHEREAS, on September 17, 2007, the Community Development Department received an application from Aspen Club and Spa, LLC, represented by Sunny Vann of Vann Associates, LLC requesting approval of conceptual commercial design review, conceptual approval for a Specially Planned Area (SPA), Planned Unit Development (PUD), and Timeshaze, to develop a sub-grade garage, nineteen (19) timeshare units and twelve (12) affordable housing units, and to redesign existing commercial spaces; and, WHEREAS, upon initial review of the application and the applicable code 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 Standazds; and, WHEREAS, the Applicant amended the application to include twenty (20) timeshare units and amended the site plan for the May 6, 2008 Planning and Zoning hearing; and, WHEREAS, during a duly noticed public hearing on May 6, 2008, continued from Februazy 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 Timeshaze; and, WHEREAS, during a duly noticed public heazing 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 develop asub-grade garage, twenty (20) timeshare units and twelve (12) affordable housing units, and to redesign existing commercial spaces; and, Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 1 of 25 WHEREAS, during a duly noticed public heazing on October 20, 2009, continued from September 29, 2009, and to October 6, 2009, the Planning and Zoning Commission approved Resolution No. 15, Series of 2009, by a four to two (4 - 2) vote, approving Stream Mazgin Review and twelve (12) Affordable Housing Growth Management Allotments, and recommended the Aspen City Council approve a Final PUD, Final SPA, Final Timeshaze, Rezoning, one-hundred and twenty-four (124) Multi-Year Lodge Growth Management Allotments (112 Allotments from 2009 and 12 Allotments from 2010), and Subdivision; and, WHEREAS, in response to concerns by the Planning and Zoning Commission and the Community Development Department the Applicant provided a letter dated December 16, 2009 indicating that there is an "inextricable connection between the continued operation of the Aspen Club & Spa facility and the proposed Aspen Club Living Condominiums" (the fractional units) and that "the Club Owner will not have the ability to shut down the Club operation or to substantially change the use of the Club Building without the express consent and approval of the City of Aspen and, at a minimum, the Association on behalf of the Fractional Owners," and; WHEREAS, 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 heazing, 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 recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth ManagemenUSubdivision Page 2 of 25 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, the City Council approved Ordinance No. _, Series of 2010, by a to (_ -~ vote, approving Final SPA, Final PUD, Final Timeshare, 124 Multi-Year Growth Management Lodge Pillow 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 proposal meets or exceeds all applicable development standazds and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfaze. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 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 aSubdivision/PUD/SPA agreement (herein after "The Agreement") that meets the requirements of Land Use Code within 180 days of City Council approval. The 180 days shall commence upon the granting of Final Commercial Design Review approval by the Planning and Zoning Commission. Additionally, a final PUD/SPA/Subdivision Plan shall be recorded in the Pitkin County Clerk and Recorder's Office within 180 days of the final Commercial Design Approval and shall include the following: Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 3 of 25 a. A final plat meeting the requirements of the City Engineer and showing: easements, encroachment agreements and licenses (with reception numbers) for physical improvements, and location of utility pedestals. b. An illustrative site plan of the project showing the proposed improvements, parking, and dimensional requirements as approved. c. A detailed landscaping plan. d. A drawing representing the project's architectural chazacter, including building elevations e. A final grading and drainage plan meeting all requirements of the City Engineer. f A final utility and public facilities plan. Additionally, the Subdivision/PUD/SPA Agreement shall contain language that ensures the following: (i) The Club Owner 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; and (iii) The Declazation of Condominium for Aspen Club Living Condominiums shall provide that the Fractional Interest Owners have no right or authority to terminate or otherwise restrict the operation of the Club facility. It being 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, the foregoing representations shall be considered vacated as well. 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 concurrently with the Condominium Plat and Declaration. The documents shall meet all requirements outlined in section 26.590 of the Land Use Code. Section 4: Dimensional Requirements The approved dimensional requirements aze based off the following standazdization: all front yazd setbacks are the south side of the lots, all the rear yazd setbacks aze 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 25 RR Dimensional Proposed Dimensional Requirements for subdivided lots Re uirement Lot 1: 124,661 sq. fr. Lot 2: N/A Minimum Lot Lot 3: 10,812 sq. fr. Size Lot 4: 26,110 sq. fr. Lot 5: 9,355 s . ft. Minimum Lot Area per N/A dwellin unit Lot 1: 277 Feet Lot 2: N/A Minimum Lot Lot 3: 135 Feet Width Lot 4: 266 Feet Lot 5: 95 Feet Lot 1: 30 feet above grade, 5 feet below grade Lot 2: N/A Minimum Lot 3: 10 feet Front Yard Lot 4: 0 feet Setback 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 Yazd Setback Lot 3: 20 feet (West Side) Lot 4: 5 feet Lot 5: 0 feet Lot 1: 100 feet (15 feet from Top of Slope) Lot 2: N/A Minimum Reaz Lot 3: ] 0 feet Yard Setback Lot 4: ] 0 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 Maximum Club Units (Lot 2): 28 feet Height Affordable Housing Units (Lot 5): 28 feet with the following exceptions: Unit 11, Northwest Corner: 32 feet Unit 12, Northwest Corner: 41 feet Ordinance No Z, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth ManagemenUSubdivision Page 5 of 25 RR Dimensional Proposed Dimensional Requirements for subdivided lots Re uirement Unit 12, Southwest Corner: 31.25 feet Aspen Club Building (Lot 1): 28 feet 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. fr.; Club Units: 16,080 sq. ft.) Commercial (Club): 31,870 s . ft. 132 spaces total: Minimum Off- Lodge: 20 spaces Aspen Club and Spa: 95 spaces (60 spaces on Lot 1; 35 Street Parking spaces on Lots 14A & 14W) AH units: 17 s aces Section 5: Reclamation The Agreement shall include a provision for reclamation. Such reclamation provision shall provide that the security to be posted pursuant to the SIA includes an amount equal to 110% of the estimated cost to reclaim the site (at any unenclosed phase of construction) and that such amount may be reduced as the then-estimated cost of reclamation decreases. Specifically, such provisions of The Agreement shall provide that in the event after demolition of the building and before the new project is enclosed (a roof and walls) construction work shall cease for a period of 6 months or longer ("work stoppage") and such work stoppage is not a result of forces beyond Applicant's control (Force Majeure), then the City may draw on the reclamation portion of the security provided with The Agreement in order to improve the project to an enclosed condition or to a level and safe condition. The amount of the security shall be the minimum amount necessary to (i) enclose any above ground improvements, (ii) remove any above ground improvements and/or (iii) fill the project up to ground level with compacted fill materials and cover the surface with grass or bricks if the construction project has not reached ground level at the time of work stoppage. The amount required for reclamation security shall be reasonably estimated in writing by the general contractor on the project. The City Engineer shall determine the amount of the reclamation amount based on the estimate provided by the general contractor and shall determine the amount to be returned as the project progresses. Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 6 of 25 Section 6: Pre-Construction Meeting The Applicant shall conduct apre-construction meeting with the City Community Development Staff prior to submittal for a building permit application. This meeting shall include the general contractor, the architect producing the construction drawings, a representative of the Building Department, a representative of the Engineering Department, and the Community Development Department's case planner. Section 7: Commercial Design Review The Applicant shall submit an application for final Commercial Design Review within one (1) year of the date of final SPA/PUD approval. The Applicant is required to receive final Commercial Design Review prior to submission of a building permit. Section 8: Building Permit AaPlication The Applicant shall meet all adopted building codes and requirements when the building permit is submitted. Accessible routes to any public right-of--way and accessible parking spaces will be required. The proposed project will be subject to the Use Tax on building materials. The proposed project will be required to comply with all Efficient Building Programs in place at time of building permit submittal. Prior to building permit submittal the 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 final City Council Ordinance and P&Z Resolution. b. A copy of the final Commercial Design Review approval c. The conditions of approval printed on the cover page of the building permit set. d. A means of egress plan. e. An overall access plan for the site. f If the Club is intending to operate while under construction, a plan to maintain exits and separation from construction activity will be required. g. The TDM Plan and the Traffic Study on which its based h. A detailed Lighting Plan i. 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 shall be 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. The construction management plan shall address construction while the Club remains open, and shall address how all construction activities will not impact all trees that are remaining on the Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth ManagemenUSubdivision Page 7 of 25 site. Aspen Club Trail access or use for any construction activities i~rohibited at all times; this includes but is not limited to truck traffic, foot traffic, storage or materials. Section 10: Ute Trail Improvements The applicant will agree to contribute to the completion of the Ute Trail based on the Review Standards for Development in a SPA. 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.L) Prior to both the contribution and the building permit issuance the applicant will need to provide the City of Aspen a Bond or Letter of Credit in the amount of $70,000. This bond will be released once the contribution is received. If the contribution is not made as described above the bond or letter of credit will be executed by the City of Aspen." Section 11: Ute Ave Improvements The applicant agrees to improve the Cul de sac at Ute Ave to accommodate a 100 foot diameter while maintaining the center island. Sheet _ of plans dated shows conceptually how this will be achieved. The applicant agrees to install two speed tables along Ute avenue. One at the 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. 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 azea shall be deed restricted to a Category 2, five (5) units of 950 sq. fr. of net livable area shall be deed restricted to a Category 3, and four (4) units of 950 sq. ft. 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 proposed timeshaze units. The affordable housing units shall be owned and managed by the Aspen Club and Spa. More detailed information regazding the management and maintenance of the units shall be provided to APCHA with the proposed deed restriction prior to CO. The owner shall have the right to rent the units to qualified employees of the Club. If the owner cannot provide a qualified tenant, the units shall be rented through APCHA's normal advertising process. At no time shall the tenancy of the units during a lease period be tied to continued employment by the owner. Tenant leases, however, may be terminated for cause or at the end of the lease period upon termination of employment. Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 8 of 25 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`h of 1% ownership interest in the lot on which the units aze situated to APCHA. The APCHA ownership interest shall be in perpetuity or until such time as the units aze converted to ownership units, or the statutory restriction on rent control units is eliminated. The deed restriction shall allow the units to become ownership units at such time as the owner (the Aspen Club and Spa) elects to condominiumize and sell the units, or at such time as APCHA determines one or more units aze found to be out of compliance with APCHA Guidelines for one yeaz. If any of the units aze 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 sepazate from the fractional ownership unit's association. In the event the rental units are required to become ownership units due to noncompliance, APCHA or the City may elect to purchase them for rental to qualified tenants in accordance with APCHA Guidelines. Section 13: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). The applicant shall provide an overall access plan for the site with the building permit submittal. The subgrade garage shall have adequate fire access. This shall be reviewed and approved by the Fire Marshall. The proposed lawn pavers shall be engineered to support fire truck loads. Fire sprinklers and alarms are required and shall be included in the project, including in all structures. Section 14: Public Works The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth ManagemenVSubdivision Page 9 of 25 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 IIIB Commercial Building. This may be satisfied by an analysis acceptable to the Aspen Water Department which demonstrates system delivery capabilities of the existing water distribution system at the Ute Avenue side of the project of 3,000 gallons per minute. 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 standazd district form. Additional access and maintenance easements may be required depending on the final sanitary sewer utility plans. Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. Section 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 lighting shall be permitted in the stream mazgin area (fifteen (15) foot setback area from top of slope) or in any area below the top Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 10 of 25 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 shall be recorded as part of The Agreement. The applicant may update the traffic counts and TDM Plan prior to building permit submittal. This shall be conducted afrer working with the Transportation, Community Development, Engineering, and Environmental Health Departments to ensure compliance with all approvals. Any changes to the TDM plan based on updated traffic counts must be reviewed and approved by the Transportation, Engineering, Environmental Health, and Community Development Departments. The Applicant shall conduct a meeting to review the Transportation Demand Management Plan with the City Community Development 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. Any updated traffic counts shall take place in the ls' two weeks of Mazch and the ls` two weeks of August. Section 19: Parks Building permit plans shall include a detailed plan submitted for stream mazgin 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 Pazks Departrnent at building permit submittal. This legend shall include species name. Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth ManagemenUSubdivision Page I I of25 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 azound all trees to remain on site. The utilities located under the trail should be developed and installed with junction boxes so future repairs can be accomplished without the need to excavate the new trail. This trail shall not be used for or provide access for any construction activities. This includes but is not limited to truck traffic, foot traffic, storage or materials. Aspen Club Trail access or use for any construction activities is prohibited at all times. This includes but is not limited to truck traffic, foot traffic, storage or materials. The Applicant will be subject to the Pazks 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 Pennit submittal. Section 22: 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 three (3) years from the date of issuance of 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 of 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 of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: 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. _ Series of 2010, of the Aspen City Council. Section 23• 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. Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 12 of 25 Section 24: 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 25• If any section, subsection, sentence, cause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a sepazate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 26: A public hearing on this ordinance shall be held on the 8~' 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, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 11 s' day of January, 2010. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this _ day of , 2010. Attest: Kathryn S. Koch, City Clerk Approved as to form: Michael C. Ireland, Mayor Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 13 of 25 City Attorney Attachments Exhibit A: Approved TDM Plan Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshaze/Growth ManagemenUSubdivision Page 14 of 25 Aspen Club Living TDM PLAN GOAL Have zero growth in traffic levels on Ute Avenue coming to the Aspen Club as a result of the Aspen Club Living Project, while creating a safer street. Based on the current TDA Report, traffic levels coming to the Club shall remain at their stated baseline of 860 trips per day. AM peak trips to the Club should be limited to 70 per day. PM peak trips coming to the Club should be limited to 99 per day. Additional traffic studies may be prepared between now and submission for a building permit and baseline trip limits and the TDM Plan will be updated as necessary. BACKGROUND The goal of Aspen Club Living is to create both a safer Ute Avenue as well as limit any growth in traffic on Ute Avenue due to this project. To achieve these goals we have consulted with the City of Aspen Transportation staff and engaged TDA, Inc of Seattle and Denver, respected traffic engineers who have been used by the City of Aspen, to help us create a set of traffic safety & management tools. Baseline conditions have been established via high season traffic counts at key locations in the vicinity, including Ute Avenue and the Aspen Club entrance. The Club will have a designated Transportation Coordinator who will manage all TDM programs as a function of their job description. The Transportation Coordinator shall manage all TDM programs in perpetuity. 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 vaziety of user groups with distinct needs. The Aspen Club Living TDM program establishes a variety of tools targeting the following groups: • Employees commuting to the Club • Employees living on-site in Aspen • Club guests • Aspen Club Living owners Club affordable housing • Club members Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 15 of 25 X cQ C Z J a 0 .~ J 7 U C d Q Q 0 0 ~ U L ~ 0+ . . fd ~ e ~ n b •O C ~ '~ C O G O C U N N N y ~ ~ a ~ ~ E ~ a °c° n. a o '- c :b E . E . . ~ 5 ~ _ ~ ~ U b ~ ~ L U N i C C C C C C C ~E G C C ~ ~ y.,, ~ N ttl etl ' cd ~ C = ~ ctl O O ~ C y 7 y 7 3 7 7 7 7 C U ~ ~ 0 ~ `n ~ . ~ G .. .. O .' 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U U U U ~, N y C) L N T T T T T T T U T T O C U T T vi O >+ T~ O ~~ O O O O O O O L O • L L ~' E y o. n. a a c a a E a a N a a ~ a o, ~ a _ = ~ W W W U W W E , E E o W F - d ~ o q W [ G ~ ti l s L U a i o v Q Q °' '-' E J' ~ r~ ~ L L p s ~ o a o W U U ~ a ~ E a ~ d' ~ ~ on ~ o '~ '- ~ °' e c E °' a .o E wi E ° G U >- ~ o ° c N Q ~ ¢ L s V E ~ ° O v C •d 'C c N U w U `n ou O 6 °' G w . .. `° .Y ~ etl °' O ` •° a~ °' n n . p W ~ E a •v a~ v E a ~ ~ c O L E h O O U L T N N C C U ~ p N ~ •o .ti a o o .Y s o oLn s E .y E ~ y C c D K c ~ ~ g v a>'i a E U E °' o ~ T Y ~ O s H u. O CO U U ~ z W W ~ ~ U W U ~ U ~ O N N •~ O y :a e (n ~ W N C 0. o ~ z~ C Z•+ ~ s O~ O d L F d a U C Q Aspen Club Living - TDM Measure Detail FIXED ROUTE ASPEN CLUB SHUTTLE The Aspen Club will provide shuttle service to and from the Club at regularly scheduled intervals. These would augment the Cross Town Shuttle services, operating on a fixed route and schedule. Details a. Shuttle vehicles will be reduced emissions orzero-emission. b. Shuttle service will be free of charge for employees, members, owners and guests. c. Signs and other information identifying the routes and times will be posted at the Club, and, if permitted, at Rubey Park and other locations in town. d. The shuttle will be publicized in Club marketing materials and inside the facility. e. The shuttle schedule will coordinate pickups and drop offs to best accommodate employees who are arriving/depar[ing Rubey Park. f. The shuttle route/schedule will be coordinated with hotel partners to minimize total shuttle [rips to the Aspen Club. g. Employees will be allowed to access shuttle service for lunch, errands, etc. Schedule a. This service will be provided half-hourly from 7 AM to 9 PM every day during the peak summer and winter seasons. (Peak summer season is defined as Food and Wine Weekend -Labor Day; Peak winter season is defined as December 15th -the Close of the Ski Mountains.) These hours may be increased or decreased depending on actual demand experience, but will not be less 13 round trips daily operating at approximately the morning (8-9:30am), mid-day (12-1:30pm) and evening (4-6:OOpm) peak hours, on the half hour and the hour. b. During shoulder seasons and before 7 AM and afrer 9 PM, there will be scheduled service that at a minimum remain within those trip numbers outlined above unless agreed otherwise with the Transportation department. A reduced service schedule in the off- season may be appropriate. c. Without the minimum level of service in place described above, the Club will be required to contribute a fee equal to 13 trips per day to the operation of the Cross Town Shuttle. 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. [n addition, the airport service shall be provided on-demand only to avoid unnecessary trips. Phasing A complete shuttle plan detailing the Club shuttle route(s), schedule and stops must be approved by the City of Aspen Transportation Department no later six months prior to the issuance of a Certificate of Occupancy. This plan must meet the conditions discussed above. As an alternative to operating a fixed route service, the Aspen Club may contribute to the operation of the Cross Town Shuttle as discussed above. If this arrangement is selected, the Club's van service will operate on-demand only in order to minimize trips. If this arrangement is selected, a detailed on-demand shuttle plan must be approved by Transportation staff no later than six months prior to the issuance of a Certificate of Occupancy. ON-DEMAND ASPEN CLUB SHUTTLE The Aspen Club will provide an on-demand shuttle service to serve guests traveling to/from the airport and other areas not served by the fixed route service. Details a. Shuttle vehicles will be reduced emissions or zero-emission. b. On-demand service will be free and available to Club members, owners and guests. c. On-demand service is meant to serve as a backup to fixed route service and will not replace fixed route service during peak summer and winter. d. On-demand service may replace fixed route service during off seasons. Schedule a. On-demand service will be available daily during Club hours of operation. Phasing A detailed on-demand shuttle plan must be approved by the City of Aspen Transportation Department no later six months prior to the issuance of a Certificate of Occupancy. This plan must meet the conditions discussed above. BUS PASS SUBSIDY The 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 afrer the date of issuance of Certificate of Occupancy. Measure to remain in place in perpetuity unless approved for discontinuance by the Transportation Department. CARPOOL MATCHING The Aspen Club will organize carpools for employees who have to commute to the Aspen Club. Details a. First priority will be to match employees with other employee via the Club's Transportation Coordinator. b. Carpool matching will be discussed during new hire orientation. c. If no match is found in-house, the City of Aspen TOP program and carpool matching software will be used to search for external matches. Phasing This program must be approved by Transportation Department and in place no later than six months afrer 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. 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 & 14W closest to the path to the Aspen Club. Details a. Carpool spaces will be designated with signage. b. Approved carpools will be provided with a tag or permit to allow access to preferential spaces. c. 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. 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 afer 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. 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. 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 [D card will be implemented for use. d. The program may expand as needed based on usage. Phasing Program must be in place no later than six months afrer the date of issuance of Certificate of Occupancy. Program must be marketed to employees, with marketing measures to be provided to Transportation no later than six months afrer the date of issuance of Certificate of Occupancy. Measure to remain in place in perpetuity unless approved for discontinuance by the Transportation Department. CARSHARE PROGRAM A Carshare vehicle will be available, on-site, for employees living in affordable housing as well as for Aspen Club Living owners. Details a. Prior to opening of the project, the Aspen Club and Transportation Department will determine how to best structure this program, possibly using the services of CAR TO GO, or possibly being operated by the Aspen Club. b. Issues to be addressed include: i. Ownership of vehicle ii. Access to the vehicle iii. Payment of maintenance and operating costs Phasing A complete plan for the implementation of an on-site carshare program must be presented to and approved by the Transportation Department no later than six months prior to the issuance of a Certificate of Occupancy. This plan must include, at a minimum: 1. Purchase/ownership of vehicle(s) 2. Type of vehicle(s) 3. Parking location(s) 4. Allowable customers 5. Vehicle replacement plan 6. Operations plan including reservations, access, fueling, insurance 7. Subsidy/cost sharing plan for CAR TO GO, should CTG operate the vehicle MONITORING PROGRAM The effectiveness of the program will be measured in several ways: 1. Vehicle counts have been performed at Ute Avenue and at the Club and will continue twice a year during March and August for five years after the project receives a CO. Vehicle counts and surveys shall be undertaken in March and August annually in the same manner as the current TDA Report, using an Engineering/Transportation firm or using standard traffic counting devices. Report shall be provided to Transportation, Engineering and Environmental Health Departments by October 1 annually for five years after the project receives a CO. The report must indicate both daily and hourly traffic counts. Annual report shall also include status of required TDM program components. Non-compliance with required TDM components will be brought to City Council for discussion and action if needed. 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. CHANGES TO THE PLAN If the applicant chooses to update the traffic counts from the baseline in the current TDA study and those numbers are different than the current counts done by TDA (860 trips per day, 70 AM peak trips per day, and 99 PM peak trips per day), then the Applicant shall also be required to update the TDM Plan. This update must be conducted prior to submission for a building permit, and must be reviewed by the Transportation, Engineering, Environmental Health, and Community Development Departments for compliance with all approvals. Any changes to the TDM plan based on revised base line traffic counts must be reviewed and approved by the Transportation, Engineering, Environmental Health, and Community Development Departments. The update or this plan and its associated TDA traffic counts shall be submitted as part of the building permit application. FURTHER TOOLS Should monitoring show that the zero growth goal is exceeded at any time, the Aspen Club will be required to develop a plan for approval by the Transportation Department to include a variety of the following suggested TDM measures: • additional transit service via Club shuttle • additional contribution to the Cross Town Shuttle • additional restrictions on employee driving • additional rewards/incentives programs for employees and guests • flexible scheduling for employees to avoid peak hour congestion • scheduling of club activities to avoid peak hour congestion • more aggressive internal and external education • paid parking for employees and guests • other measures as approved by the Transportation Department EXHIBIT A Chapter 26.440, SPECIALLY PLANNED AREA (SPA) Sec 26.440.030(A) Standards for Designation. Any land in the City may be designated Specially Planned Area (SPA) by the City Council if, because of its unique historic, natural, physical or locational characteristics, it would be of great public benefit to the City for that land to be allowed design flexibility and to be planned and developed comprehensively as a multiple use development. A parcel of land designated Specially Planned Area (SPA) shall also be designated on the City's Official Zone District Map with the underlying zone district designation which is determined the most appropriate. The underlying zone district designation shall be used as a guide, but not an absolute limitation, to the uses and development which may be considered during the development review process. Staff Finding: In order for an SPA designation to be approved, this "Standards for Designation" requirement must be met. That is, the City Council, after hearing a recommendation from the Planning and Zoning Commission, must determine that because of the site's "unique historic, natural, physical or locational characteristics, it would be of rg eat public benefit to the City for that land to be allowed design flexibility and to be planned and developed comprehensively as a multiple use development". Staff believes that the SPA designation would create a public benefit. It will allow multi-family affordable housing to be developed on the parcel, which is not currently a permitted use in the underlying zone district. This will enable the Club to house some of its employees that currently commute into Aspen, reducing impacts on the transportation system and the entrance to Aspen. Further, the timeshare development will provide for the Club, which the applicant has committed to reinvest in the Club building, thereby enabling to Club to continue to provide a home for many of the Valley's non-profits, upgrade the Club, and adding new specialized programming to be made available to the public. Staff finds this criterion to be met. Sec. 26.440.050. Review standards for development in a Specially Planned Area (SPA). A. General. In the review of a development application for a conceptual development plan and a final development plan, the Planning and Zoning Commission and City Council shall consider the following: 1. Whether the proposed development is compatible with or enhances the, mix of development in the immediate vicinity of the parcel in terms of land use, density, height, bulk, architecture, landscaping and open space. Stall Finding: The uses in the area are quite mixed, with commercial, single-family free market residential, multi-family affordable housing, and non-profit uses all on the adjacent properties. -Along Ute Avenue, there are short term accommodations (The Gant) as well as a variety of residential uses. Both single-family residential and multi-family residential are located across the river. In terms of architecture, the applicant has stated that the proposed mass, scale, and materials are intended to convey a residential scale that is representative of the different buildings and uses in Exhibit A -SPA Review Criteria Page 1 of 8 the area, while also being true to the Club's use. The applicant has done this by making the "townhome" units residential in character (a mix of pitched and flat roofs, a material palate of stone and wood that is similar to residential uses in the area, modulation typical of residential townhomes) and changing the existing blank fagade of the club to be more articulated and pedestrian friendly. The applicant made a number of changes to the site plan during conceptual approval in an attempt to open the site up and create a greater visual connection with the river (moving one unit from the lower "bench" to the upper "bench," reconfiguring the siting of the units, moving the Club entrance to an area that overlooks proposed open area between the townhome units). The applicant has proposed a water feature as part of the landscaping plan. This water feature is located in the middle of the site and runs from the lower bench to the upper bench. There are paths that run through the site to connect the timeshare units to the Club and the parking areas. In addition, the applicant is providing a permanent trail easement for the path currently exists on site and connects the river area to the Club building and parking area. The applicant worked with planning staff and the fire department to come up with a way to provide adequate fire access without creating additional paved areas. The solution is the installation of grass pavers in portions of the upper bench area. Staff continues to have concerns related to the scale and mass of the "townhouse" units on the lower bench of the site, and believes there is too much massing proposed on the site. Staff believes the elimination or relocation of units 5 and 6 would create a clearer connection to the ripazian area and would provide a needed break in the proposed massing. In terms of landscaping and open space, staff finds that additional refinement is needed for the landscape plan. The site is located near the urban/rural fringe, and as such the area has a more rural feel than other areas of town. The elimination or relocation of units 5 and 6 on the lower bench will help create the open space staff finds is needed in this proposal. The current landscape plan includes a great deal of paving, and seems rather formal. Given the site's context, staff believes less formal landscaping and less paving is needed. Staff finds that the proposed use mix will fit in with and is consistent with the vaziety of uses on the immediately adjacent parcels and the overall context of Ute Avenue. Staff believes the proposed health and wellness program will be a good addition to the existing Club services and to the community in genera(. Overall, staff finds this criterion to not be met. 2. Whether sufficient public facilities and roads exist to service the proposed development. Staff Finding: Sufficient public facilities and roads exist to serve the proposed development. The traffic engineering report provided in the application indicates that the proposed development will not significantly alter the current service levels on Ute Avenue, or at the intersections between the Aspen Club and Cooper Avenue. The applicant has worked with city staff to create a set of Transportation Demand Management (TDM) tools that will help control the number of trips on Exhibit A -SPA Review Criteria Page 2 of 8 Ute Avenue as a result of this development. The applicant has also committed to not increase the amount of traffic on Ute Ave as a result of this project. The applicant has also committed to paying for street improvements to Ute Avenue, including speed tables, a trail connection, and paving part of the cul-de-sac. Further, the Applicant has agreed to upgrade the existing water service line and to relocate a sewer line to accommodate the proposed units. Staff finds this criterion to be met. 3. Whether the parcel proposed for development is generally suitable for development, considering the slope, ground instability and the possibility of mudflow, rock falls, avalanche dangers and flood hazards. Staff Finding: The Applicant has located all development outside the Roaring Fork River's mapped 100-year floodplain. No other natural hazards are believed to affect the lot. The applicant conducted an avalanche study as part of the final application, which found the affordable housing units are in the "blue zone." According to the study, "blue zone" avalanches have a return period of 30 to 100 years, or a 1 % to 3% probability annually. The applicant and Engineering Department have agreed to have the mudflow risk evaluated by the Colorado Geologic Survey. Staff finds this criterion to be met at this time. 4. Whether the proposed development creatively employs land planning techniques to preserve signiTicant view planes, avoid adverse environmental impacts and provide open space, trails and similar amenities for the users of the project and the public at large. Staff Findins: The proposal replaces existing tennis courts with lodging units, adds lodging units to the existing building, and adds affordable housing units to an under-utilized portion of the site. While there are no protected view planes in the vicinity, Staff believes it is important to retain the perception of the ripazian corridor throughout the site. During Conceptual Review, the Applicant made changes to the architecture and site plan to address Staffs concern. The applicant did move the club entrance to ensure views to the river were maximized. However Staff does not believe these changes go far enough to ensure the riparian azea is made prominent in the design. Staff believes the elimination or relocation of units 5 and 6 will help open the site plan and make the riparian area more prominent. There is an existing path that crosses the Aspen Club property near the river. This path will be maintained in the proposal. Additionally, the applicant has committed to installing a sidewalk on their property along Ute Avenue to help complete a needed pedestrian connection. The applicant is also formally dedicating the trail running from the river to the pazking azea for the use and benefit of the public. The applicant has provided information from SGM Engineering stating there is adequate drainage on site. The Engineering Department has reviewed the application and is working with the applicant to ensure there is adequate documentation provided for the proposed drainage. Exhibit A -SPA Review Criteria Page 3 of 8 Overall, Staff finds this criterion is not met. 5. Whether the proposed development is in compliance with the Aspen Area Comprehensive Plan. Staff Finding: Staff believes that a number of the goals in the Aspen Area Community Plan are met, but has some concerns relating to other aspects of the AACP. The Application meets a number of AACP goals related to affordable housing, economic sustainability, and arts and culture, and has made changes since Conceptual Review to meet goals related to transportation. The Applicant has also made changes to the site plan, which Staff believes brings the project closer to meeting the goals related to community character & design, and open space & environment. Overall, Staff finds this review criterion to be met. Housing: The Applicant is providing 145% of the required Affordable Housing, which is an important step in helping the community meet the Affordable Housing goals outlined in the AACP. The Housing section of the AACP states the intent of affordable housing is to "create an affordable housing environment that is appropriately scaled and distributed throughout existing and new neighborhoods..." (Intent, pg 25). This development proposal mixes free-market commercial and free-market lodging with affordable housing. The affordable housing is scaled to relate to the adjacent Club building and other surrounding buildings. This section also states that, "Our housing policy should bolster our economic and social diversity, reinforce variety, and enhance our sense of community by integrating affordable housing into the fabric of our town. A healthy social balance includes all income ranges and types of people. Each project should endeavor to further that mix and to avoid segregation of economic and social classes by project." (Philosophy, pg 25). This proposal would provide 12 new affordable housing rental units for Aspen Club Employees. A mix of category 2, 3, and 4 units are proposed, which will ensure the housing is accessible to a wide range of income levels. Managing Growth: The AACP Managing Growth Chapter lists one of the main goals of managing growth as "foster a well-balanced community through integrated design that promotes economic diversity, transit and pedestrian friendly lifestyles, and the mixing of people from different backgrounds." (Goal E, pg 19). The proposal will promote a mix of backgrounds through the Club use as well as the affordable housing residents and lodge visitors that will be on site. Additionally, a detailed transportation plan is proposed that promotes pedestrian access to the site and the use of alternative modes of transportation. Economic Sustainability: Further, the Economic sustainability section of the AACP recognizes that "local ownership of business helps maintain our community's unusual character, tends to return more money to the local economy, and provides additional opportunities for upward mobility of people" and that "the community and its governments should support local ownership as well as externally-owned businesses that are locally-serving and locally-involved" (Philosophy, pg 31). The Aspen Club Exhibit A -SPA Review Criteria Page 4 of 8 is owned by a vaziety of locals and non-locals, but it is a locally operated business. The stated goal of this proposal is to provide a new health and wellness opportunity for residents and visitors, and to use the money raised through the timeshare sales to subsidize programs for locals. The Club currently provides services and events that are designed for locals, including the "Tuesdays with Michael" program that highlights a local non-profit and their activities every week in the summer, as well as periodic health lectures. Staff believes that the concept of this application is a good one, and will go a long way toward furthering the goals outlined Aspen Area Community Plan. The Economic Sustainability section also states that it is important to "encourage resource efficiency, environmental responsibility, and cultural and community sensitivity in local organizations and in construction" (Policies, pg 32). The applicant used the new LEED for Neighborhood standards in developing the proposal. This requires that development be done using environmentally friendly techniques. To that end, the applicant is investigating ways to minimize construction impacts, utilizing alternative renewable energies and vazious energy efficient materials. The applicant has committed to no net new energy use as a result of this project. Arts, Culture. & Education: The AACP states that "...arts, culture, and education are acknowledged as essential to Aspen's thriving year-round economy, its vibrant international profile, and its future as a unique place to live, work, and learn" (Philosophy. Pg 45). The Aspen Club currently works to promote the Arts, Culture, and Education of the Aspen Area by supporting local non-profits through provision of office space and financial support, and by facilitating educational and wellness programs for Club members and community members at large. The applicant has pledged to continue this commitment if the application is approved. Parks, Open Space, & Environment: The Parks, Open Space, & Environment section of the AACP discusses the need to "preserve, enhance and restore the natural beauty of the environment of the Aspen Area" (Intent, pg 34). Staff believes the changes made to the application during conceptual review help the proposal move in the direction of enhancing the riparian area on the site, and bringing the riparian area into the site, however staff believes the current mass detracts from the natural beauty of the area. The removal or relocation of units 5 and 6 would further help the development meet this section of the AACP. This section also states that "All Developments should be in accordance with the Wildlife and Biodiversity map and the Parks, Open Space, and the Environment map to protect sensitive habitat azeas (e.g. riparian corridor and Elk habitat)" (Policies, pg 35). The development is respecting the required stream margin setback and the applicant has worked with the Parks Department to ensure that construction methods will not negatively impact the riparian azea. Design Quality: The Design Quality section of the AACP asks that development "retain and encourage an eclectic mix of design styles to maintain and enhance the special character of our community." The section also states that "we favor diversity tempered by context, sometimes historical, Exhibit A -SPA Review Criteria Page 5 of 8 sometimes not, as opposed to azbitrariness. `Context' refers first to region, then town, neighborhood, and finally the natural and man made features joining a particulaz development site. Decisions regarding scale, massing, form, materials, texture, and color must be first measured by context. Contextual appropriateness transcends `style' alone" (Philosophy, pg 42). Staff believes the ideas put forward in the Application for a health and wellness facility aze good goals, and that the site plan changes at Conceptual have moved the proposal in the direction of combining this goal with the proposed architecture. Further, Staff finds that the changes help ensure the development will "enhance the special character of our community." The Aspen Club site is unique, and this Application proposes a unique addition to the Club. Staff believes the changes to the site plan begin to reflect these opportunities. In terms of uses, the project does a good job of relating to the immediate context which is comprised of a variety of uses. In terms of massing, staff is concerned that there is too much mass on the site given its context of being on the urban/rural fringe. The elimination or relocation of units 5 and 6 would help better meet the Design Quality section of the AACP. Transportation: The AACP has a number of goals and policies related to Transportation, including a policy that new growth should be structured "on compact, mixed-use patterns that enable and support travel by foot, bicycle, and public transportation for all types of trips" (Policies, pg 22). Additionally, the Transportation Chapter includes goals to maintain and improve "the appeal of bicycling and walking...by adding sidewalk connections, replacing sidewalks, and requiring sidewalks as part of development approvals, where appropriate..." (Goal C, pg 22) and "the appeal of carpool or vanpooling for a wide vaziety of trip types" (Goal D, pg 22). The Transportation Chapter also includes a policy to "require all employment, school, social, recreation or other activities that generate demand for travel to mitigate traffic impacts through support of alternative transportation modes in proportion to trips generated." (Policies, pg 22) The applicant has worked with city staff to create a set of Transportation Demand Management (TDM) tools that focus on alternative forms of transportation, including cazsharing, vanpools, carpooling, biking, and walking. The applicant has also committed to installing a new sidewalk along Ute Avenue to make walking and biking safer and more viable. The TDM plan includes a commitment to continue use of the Cross Town Shuttle and the use of coordinated vans and shuttles for employees as well as visitors who stay at other hotels but want to use the Aspen Club. Coordinated pick up service at the airport is also proposed for the timeshaze users. Staff believes that the TDM plan meets the goals and policies of the AACP related to Transportation. 6. Whether the proposed development will require the expenditure of excessive public funds to provide public facilities for the parcel or the surrounding neighborhood. Staff Finding: The application states that all costs associated with public infrastructure improvements will be borne by the Applicant. This includes the realignment of a sewer line. The Applicant's new traffic study indicates that Ute Avenue can accommodate the proposal's traffic generation. In addition, the applicant has created a comprehensive TDM plan to encourage alternative modes of transportation for club users, club employees, affordable housing resident, and timeshare owners. Exhibit A -SPA Review Criteria Page 6 of 8 A safety plan, which includes speed tables and humps, for Ute Ave has also been proposed to ensure the road is safer for pedestrians. The applicant has committed to zero growth in traffic as a result of this project. The applicant has hired consultants to assess the existing water flows to determine if adequate flows exist for fire safety, and the preliminary report indicates there are adequate flows. The applicant is working with the City Water and Fire Departments to confirm this. The applicant is also working with the Engineering Department to ensure adequate drainage exists on the site. While no net new truck delivery traffic is anticipated as part of this project, it was found after Conceptual approval that the existing cul-de-sac does not have adequate pavement to meet city standazds. Some improvements to the existing cul-de-sac pavement will be needed to accommodate truck traffic. The applicant is working with the Engineering Department to determine to what extent the applicant is responsible for the improvements. Staff finds this criterion to be met at this time. 7. Whether proposed development on slopes in excess of twenty percent (20%) meet the slope reduction and density requirements of Subsection 26.445.040.B.2. Staff Findins: The property's northern lot line lies in the Roaring Fork River, and then the property slopes up to meet Ute Ave on the south. There are slopes in excess of 20%, and the Applicant has made the appropriate slope reduction and density reductions. The total square footage on the lot is 215,232, but after slope reduction 171,047 square feet of land area is available for floor area calculations. The proposed development equals approximately 95,000 square feet, or an FAR of approximately 0.55:1. Staff finds this criterion to be met. 8. Whether there are sufficient GMQS allotments for the proposed development. Staff Finding: The Applicant has requested the necessary Affordable Housing and Lodge Growth Management Allotments. The proposal will decrease the amount of commercial space on site, so growth management allotments are not required. The applicant needs 12 affordable housing allotments and 124 lodge pillow allotments. In a single growth management year there aze 112 lodge pillow allotments available. Because the applicant needs 12 more pillow allotments then aze available in this growth management yeaz, they have requested multi-year allotments. Staff finds this criterion to be met. B. Variations permitted. The final development plan shall comply with the requirements of the underlying zone district; provided, however, that variations from those requirements may be allowed based on the standards of this Section. Variations may be allowed for the following requirements: open space, minimum distance between buildings, maximum height, minimum front yard, minimum rear yard, minimum side yard, minimum lot width, minimum lot area, trash access area, internal floor area ratio, number of off-street parking spaces and uses and design standards of Chapter 26.410 for streets and related improvements. Any variations allowed shall be specified in the SPA agreement and shown on the final development plan. Exhibit A -SPA Review Criteria Page 7 of 8 Staff Finding: There are no requests to vary the dimensional requirements as part of the SPA. These requests are made under the PUD request. Staff finds these criteria to not be applicable. Exhibit A -SPA Review Criteria Page 8 of 8 EXHIBIT B Chapter 26.445, PLANNED UNIT DEVELOPMENT Sec. 26.445.050. Review Criteria conceptual, dual, consolidated and minor PUD. A development application for conceptual, final, consolidated, conceptual and final or minor PUD shall comply with the following standards and requirements. Due to the limited issues associated with conceptual reviews and properties eligible for minor PUD review, certain standards shall not be applied as noted. The burden shall rest upon an Applicant to show the reasonableness of the development application and its conformity to the standards and procedures of this Chapter and this Title. A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. Staff Findin,2: Staff believes that a number of the goals in the Aspen Area Community Plan are met, but has some concerns relating to other aspects of the AACP. The Application meets a number of AACP goals related to affordable housing, economic sustainability, and arts and culture, and has made changes since Conceptual Review to meet goals related to transportation. The Applicant has also made changes to the site plan, which Staff believes brings the project closer to meeting the goals related to community character & design, and open space & environment. Overall, Staff finds this review criterion to be met. Housing: The Applicant is providing 145% of the required Affordable Housing, which is an important step in helping the community meet the Affordable Housing goals outlined in the AACP. The Housing section of the AACP states the intent of affordable housing is to "create an affordable housing environment that is appropriately scaled and distributed throughout existing and new neighborhoods..." (Intent, pg 25). This development proposal mixes free-market commercial and free-market lodging with affordable housing. The affordable housing is scaled to relate to the adjacent Club building and other surrounding buildings. This section also states that, "Our housing policy should bolster our economic and social diversity, reinforce variety, and enhance our sense of community by integrating affordable housing into the fabric of our town. A healthy social balance includes all income ranges and types of people. Each project should endeavor to further that mix and to avoid segregation of economic and social classes by project." (Philosophy, pg 25). This proposal would provide 12 new affordable housing rental units for Aspen Club Employees. A mix of category 2, 3, and 4 units are proposed, which will ensure the housing is accessible to a wide range of income levels. Managing Growth: The AACP Managing Growth Chapter lists one of the main goals of managing growth as "foster a well-balanced community through integrated design that promotes economic diversity, transit and pedestrian friendly lifestyles, and the mixing of people from different backgrounds." (Goal E, pg 19). The proposal will promote a mix of backgrounds through the Club use as well as the Exhibit B -PUD Review Criteria Page 1 of 18 affordable housing residents and lodge visitors that will be on site. Additionally, a detailed transportation plan is proposed that promotes pedestrian access to the site and the use of alternative modes of transportation. Economic Sustainability: Further, the Economic Sustainability section of the AACP recognizes that "local ownership of business helps maintain our community's unusual character, tends to return more money to the local economy, and provides additional opportunities for upward mobility of people" and that "the community and its governments should support local ownership as well as externally-owned businesses that are locally-serving and locally-involved" (Philosophy, pg 31). The Aspen Club is owned by a vaziety of locals and non-locals, but it is a locally operated business. The stated goal of this proposal is to provide a new health and wellness opportunity for residents and visitors, and to use the money raised through the timeshare sales to subsidize programs for locals. The Club currently provides services and events that are designed for locals, including the "Tuesdays with Michael" program that highlights a local non-profit and their activities every week in the summer, as well as periodic health lectures. Staff believes that the concept of this application is a good one, and will go a long way toward furthering the goals outlined Aspen Area Community Plan. The Economic Sustainability section also states that it is important to "encourage resource efficiency, environmental responsibility, and cultural and community sensitivity in local organizations and in construction" (Policies, pg 32). The applicant used the new LEED for Neighborhood standards in developing the proposal. This requires that development be done using environmentally friendly techniques. To that end, the applicant is investigating ways to minimize construction impacts, utilizing alternative renewable energies and various energy efficient materials. The applicant has committed to no net new energy use as a result of this project. Arts, Culture, & Education: The AACP states that "...arts, culture, and education are acknowledged as essential to Aspen's thriving year-round economy, its vibrant international profile, and its future as a unique place to live, work, and learn" (Philosophy. Pg 45). The Aspen Club currently works to promote the Arts, Culture, and Education of the Aspen Area by supporting local non-profits through provision of office space and financial support, and by facilitating educational and wellness programs for Club members and community members at lazge. The applicant has pledged to continue this commitment if the application is approved. Pazks, Open Space, & Environment: The Parks, Open Space, & Environment section of the AACP discusses the need to "preserve, enhance and restore the natural beauty of the environment of the Aspen Area" (Intent, pg 34). Staff believes the changes made to the application during conceptual review help the proposal move in the direction of enhancing the riparian azea on the site, and bringing the riparian area into the site, however staff believes the current mass detracts from the natural beauty of the azea. The removal or relocation of units 5 and 6 would further help the development meet this section of the AACP. Exhibit B - PUD Review Criteria Page 2 of 18 This section also states that "All Developments should be in accordance with the Wildlife and Biodiversity map and the Pazks, Open Space, and the Environment map to protect sensitive habitat areas (e.g. ripazian corridor and Elk habitat)" (Policies, pg 35). The development is respecting the required stream mazgin setback and the applicant has worked with the Parks Department to ensure that construction methods will not negatively impact the riparian azea. Design Quality: The Design Quality section of the AACP asks that development "retain and encourage an eclectic mix of design styles to maintain and enhance the special character of our community." The section also states that "we favor diversity tempered by context, sometimes historical, sometimes not, as opposed to azbitraziness. `Context' refers first to region, then town, neighborhood, and finally the natural and man made features joining a particular development site. Decisions regarding scale, massing, form, materials, texture, and color must be first measured by context. Contextual appropriateness transcends `style' alone" (Philosophy, pg 42). Staff believes the ideas put forward in the Application for a health and wellness facility aze good goals, and that the site plan changes at Conceptual have moved the proposal in the direction of combining this goal with the proposed architecture. Further, Staff finds that the changes help ensure the development will "enhance the special character of our community." The Aspen Club site is unique, and this Application proposes a unique addition to the Club. Staff believes the changes to the site plan begin to reflect these opportunities. In terms of uses, the project does a good job of relating to the immediate context which is comprised of a variety of uses. In terms of massing, staff is concerned that there is too much mass on the site given its context of being on the urban/rural fringe. The elimination or relocation of units 5 and 6 would help better meet the Design Quality section of the AACP. Transportation: The AACP has a number of goals and policies related to Transportation, including a policy that new growth should be structured "on compact, mixed-use patterns that enable and support travel by foot, bicycle, and public transportation for all types of trips" (Policies, pg 22). Additionally, the Transportation Chapter includes goals to maintain and improve "the appeal of bicycling and walking...by adding sidewalk connections, replacing sidewalks, and requiring sidewalks as part of development approvals, where appropriate..." (Goal C, pg 22) and "the appeal of carpool or vanpooling for a wide variety of trip types" (Goal D, pg 22). The Transportation Chapter also includes a policy to "require all employment, school, social, recreation or other activities that generate demand for travel to mitigate traffic impacts through support of alternative transportation modes in proportion to trips generated." (Policies, pg 22) The applicant has worked with city staff to create a set of Transportation Demand Management (TDM) tools that focus on alternative forms of transportation, including cazshazing, vanpools, carpooling, biking, and walking. The applicant has also committed to installing a new sidewalk along Ute Avenue to make walking and biking safer and more viable. The TDM plan includes a commitment to continue use of the Cross Town Shuttle and the use of coordinated vans and shuttles for employees as well as visitors who stay at other hotels but want to use the Aspen Club. Coordinated pick up service at the airport is also proposed for the timeshare users. Staff believes that the TDM plan meets the goals and policies of the AACP related to Transportation. Exhibit B - PUD Review Criteria Page 3 of 18 2. The proposed development shall be consistent w&h the character of existing land uses in the surrounding area. Staff Finding: The proposed development is consistent with the character of the area. The neighborhood consists of a vaziety of single-family and multi-family homes, as well as commercial, non-profit and lodging uses. The proposed affordable housing is consistent with the adjacent properties, which include a number of affordable housing projects. Additionally, adjacent parcels also include non-profit and commercial uses. Staff finds this criterion to be met. 3. The proposed development shall not adversely affect the future development of the surrounding area. Staff Finding: Staff believes that this development will not adversely affect the future development of the area. Most of the area is at or near build out, so there is not a great deal of future development opportunities. Staff finds this criterion to be met. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. Staff Finding: The Applicant has requested the needed Affordable Housing and Lodge Growth Management Allotments. The proposal will decrease the amount of commercial space on site, so commercial growth management allotments are not required. The applicant needs 12 affordable housing allotments and 124 lodge pillow allotments. In a single growth management yeaz there are 112 lodge pillow allotments available. Because the applicant needs 12 more pillow allotments than aze available in this growth management year, they have requested multi-year allotments. Staff finds this criterion to be met. B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. Staff Finding: The PUD development plans establish dimensional requirements for all properties in a PUD. The proposed dimensional requirements are based on the proposed subdivision of the exiting lot into 5 new lots. The dimensional requirements aze listed below. When listing the dimensional Exhibit B -PUD Review Criteria Page 4 of 18 requirements, all front yard setbacks aze the south side of the lots, all the reaz yard setbacks are on the north side of the lots, and all the side yard setbacks aze the east and west sides of the lots. Underlying RR Proposed Dimensional Requirements Dimensional Requirements Zone District Dimensional for subdivided lots based on fathering parcel Dimensional Requirement Re uirements Lot 1: 124,661 sq. fr. Total Lot Area: 4.941 acres, Minimum Lot Lot 2: N/A Lot 3: 10 812 sq. ft. or 215,232 sq. ft. 2.0 acres Size , Lot Area after Slope Lot 4: 26,110 sq. ft. Reduction: 171,047 sq. fr. Lot 5: 9,355 sq. ft. Minimum Lot Multi-Family: Area per N/A N/A N/A dwelling unit Lod e: N/A Lot 1: 277 Feet Lot 2: N/A Minimum Lot Lot 3: 135 Feet 352 Feet 200 Feet Width Lot 4: 266 Feet Lot 5: 95 Feet Lot 1: 30 feet above grade, 5 feet below grade Minimum Lot 2: N/A 5 Feet for Affordable 7 Front Yard Lot 3: 10 feet . Housing Units 30 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 5 Feet on east side for Yard Setback Lot 3: 10 feet Affordable Housing Units. 20 Feet (East Side) Lot 4: 20 feet Lot 5: 5 feet Lot 1: 60 feet above grade for building, 20 feet above grade for gazage access Minimum Side stair, 5 feet below grade 5 Feet on west side for Yard Setback Lot 2: N/A subgrade garage; 20 feet for 20 Feet (West Side) Lot 3: 20 feet timeshare Unit 1. Lot 4: 5 feet Lot 5: 0 feet Lot 1: 100 feet (15 feet from Top of Slope) Minimum Rear Lot 2: N/A 100 Feet 20 Feet Yazd Setback Lot 3: 10 feet Lot 4: 10 feet Lot 5: 10 feet Maximum Townhouse Units (Lots 3 & 4) Affordable Housing Unit 28 Feet Height Pitched Roofs (Units 1, 7, 14): 28 feet 11, Northwest Corner: 32 Exhibit B - PUD Review Criteria Page 5 of 18 RR Underlying Dimensional Proposed Dimensional Requirements Dimensional Requirements Zone District Requirement for subdivided lots based on fathering parcel Dimensional Re uirements Flat Roofs (Units 2-5, 8-13): 28 feet feet Club Units (Lot 2): 28 feet Affordable Housing Unit Affordable Housing Units (Lot 5): 28 12, Northwest Corner: 41 feet with the following exceptions: feet Unit 11, Northwest Corner: 32 feet Affordable Housing Unit Unit 12, Northwest Corner: 41 feet 12, Southwest Corner: Unit 12, Southwest Corner: 31.25 feet 31.25 feet Aspen Club Building (Lot I): 28 feet Minimum % N/A N/A N/A Open Space Total FAR:.55:1 Total FAR:.55:1 Total: 94,750 sq. fr. Single-family: Total: 94 750 sq. ft. Multi-family (affordable Same as R-15 Allowable , Multi-family (affordable housing units): housing units): 12,390 sq. ft. Lodge: 50,490 sq. ft. Zone district Floor Area 12,390 sq. ft. (Townhouse Units: 34,410 Multi-family: Lodge: 50,490 sq. ft. (Townhouse Units: sq. fr.; Club Units: 16,080 sq. N/A 34,410 sq. ft.; Club Units: 16,080 sq. ft.) ft Lodge: N/A Commercial (Club): 31,870 sq. ft. Commercial (Club): 31,870 Commercial: N/A s . ft. Lodge: .5 spaces per key (20 132 spaces total: 132 spaces total: spaces) Lodge: 20 spaces Lodge: 20 spaces Club and Spa: I Minimum Off- Aspen Club and Spa: 95 spaces (60 Aspen Club and Spa: 95 space per 1000 Street Pazking spaces on Lot 1; 35 spaces on Lots 14A spaces (60 spaces on Lot 1; sq. fr. of net & 14W) 35 spaces on Lots 14A & leasable (43 AH units: 17 spaces 14W) AH units: 17 spaces spaces) AH units: 1 space per unit (12 spaces) 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a. The character of, and compatibility with, existing and expected future land uses in the surrounding area. Staff Findine: The uses in the area are quite mixed, with commercial, single-family free market residential, multi-family affordable housing, and non-profit uses all on the adjacent properties. Along Ute Avenue, there aze short term accommodations as well as a Exhibit B - PUD Review Criteria Page 6 of 18 variety of residential uses. The proposed uses aze consistent with the use mix on the adjacent parcels as well as the overall use context of Ute Ave. Overall, the height of the proposal is consistent with the underlying zoning. The three exceptions are to accommodate the affordable housing units. The affordable housing units are located in a portion of the upper bench of the site that is lower than the surrounding areas. It is lower than the existing club structure, the adjacent Silverlining Ranch, and lower than the Ute Avenue right of way. Staff believes the proposed heights will fit in the context of the development and neighborhood because the ground elevation is much lower than the surrounding ground elevations. Staff finds this criterion to be met. b. Natural or man-made hazards. Staff Finding: The Applicant has located all development outside the Roaring Fork River's mapped 100-year floodplain. No other natural hazards are believed to affect the lot. The applicant conducted an avalanche study as part of the final application, which found the affordable housing units are in the "blue zone." According to the study, "blue zone" avalanches have a return period of 30 to 100 years, or a 1% to 3% probability annually. The applicant and Engineering Department have agreed to have the mudflow risk evaluated by the Colorado Geologic Survey. Staff finds this criterion to be met at this time. c. Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. Staff Finding: Most of the development proposed is within azeas of the site that have already been impacted by development. The riparian area is being maintained through the fifreen (15) foot top of slope setback required by the Stream Margin portion of the Land Use Code. No development, including excavation, is permitted in this setback area. The applicant has worked with the Pazks Department on the relocation of the existing walkway that connects the Aspen Club Trail and the parking across the river to the club. Staff finds this criterion to be met. d Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. Staff Findins: The proposed TDM tools will assist in lowering the expected traffic impacts on Ute Ave as a result of this development. These tools include the use of carpooling and incentives for employees to use alternative modes of transportation, participation in the CarShare program, the availability of bikes for use by affordable housing residents and timeshare users, and coordinated shuttle service for visitors. Exhibit B - PUD Review Criteria Page 7 of 18 Additionally, the applicant is installing a sidewalk along Ute Ave to create a more pedestrian friendly environment. The applicant has also committed to zero growth in traffic as a result of this project. Staff finds this criterion to be met. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding: No open space is currently proposed on-site. Staff recommends the Applicant look at ways to consolidate the paths that are used to access the individual timeshare units to help create more opportunities for open space. Further, Staff believes the elimination of units 5 and 6 will help created needed visual relief from the massing and will create better quality open space. Staff finds this criterion is not met. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a. The probable number of cars used by those using the proposed development including any non-residential [and uses. b. The varying time periods of use, whenever joint use of common parking is proposed. c. The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d. The proximity of the proposed development to the commercial core and general activity centers in the city. Staff Finding: The proposal includes 132 parking spaces divided as follows: 20 for the timeshare units (code required amount), 17 for the affordable housing units (code requires 12 spaces, and an additional 5 spaces that are being provided for short term use, i.e. for guest parking or for grocery drop off), and 95 spaces for the club (this is 4 more spaces than was approved by City Council in 1996). The applicant examined locating more parking in the sub- grade garage to help reduce the amount of surface parking. The water table is located in such a way that additional subgrade parking cannot be accommodated on this site. The 20 timeshare and 12 of the affordable housing spaces will be located in the subgrade garage. Employees of the Club will continue to use Lots 14A and 14W (located across the river) for their parking, which will make more onsite parking available for club users. In addition, the applicant has created a detailed TDM plan that employs a number of alternative transportation modes in an effort to reduce the project's dependence on the car Exhibit B -PUD Review Criteria Page 8 of 18 and need for pazking. No parking is permitted along Ute Ave. Staff finds these criteria to be met. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if.• a. There is not sufficient water pressure, drainage capabilities or other utilities to service the proposed development. b. There are not adequate roads to ensure ftre protection, snow removal and road maintenance to the proposed development Staff Finding: Adequate public facilities exist and will be upgraded at the owner's expense. This includes the realignment of a sewer line. The Applicant's new traffic study indicates that Ute Avenue can accommodate the proposal's traffic generation. In addition, the applicant has created a comprehensive TDM plan to encourage alternative modes of transportation for club users, club employees, affordable housing resident, and timeshare owners. A safety plan, which includes speed tables and humps, for Ute Ave has also been proposed to ensure the road is safer for pedestrians. The applicant has committed to zero growth in traffic as a result of this project. The applicant has hired consultants to assess the existing water flows to determine if adequate flows exist for fire safety and the preliminary report indicates there are adequate flows. The applicant is working with the City Water and Fire Departments to confirm this. The applicant is also working with the Engineering Department to ensure adequate drainage exists on the site. Staff finds this criterion to be met at this time. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if.• a. The land is not suitable for the proposed development because of ground instability or the possibility of mudJlow, rock falls or avalanche dangers. b. The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion and consequent water pollution. c. The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d. The design and location of any proposed structure, road, driveway or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. Staff Finding: Staff does not find any significant natural hazards on the site that would necessitate a density reduction. For the most part, the proposed development is located in areas of the site that currently contain development. Based on the information provided in the application, Staff does not believe the proposal will involve a pernicious impact on the site's natural watershed. The applicant is working with engineering to ensure drainage Exhibit B -PUD Review Criteria Page 9 of 18 into the watershed and Roaring Fork River is properly treated. Staff finds this criterion to be met at this time. 6. The maximum allowable density within a PUD may be increased if there exists a signiftcant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. a. The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b. The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in Subparagraphs 4 and S, above, those areas can be avoided or those characteristics mitigated c. The increase in maximum density results in a development pattern compatible with and complimentary to, the surrounding existing and expected development pattern, land uses and characteristics. Notes: a. Lot sizes for individual lots within a PUD may be established at a higher or lower rate than specified in the underlying Zone District as long as, on average, the entire PUD conforms to the maximum density provisions of the respective Zone District or as otherwise established as the maximum allowable density pursuant to a ftnal PUD Development Plan. b. The approved dimensional requirements for all lots within the PUD are required to be reflected In the final PUD development plans. Staff Finding: There are no set density requirements for the Rural Residential (RR) zone district, so density is established by the PUD. Staff believes that the density on site is appropriate in terms of creating a critical mass for club services. Staff does have concerns related to the massing of the site, and would like to see units 5 and 6 removed, or at the very least relocated to another area of the site (say create additional club units). Staff finds this criterion to be met. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's healdh and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. Staff Finding: The site has a great asset in the Roaring Fork River, which crosses the site. The Applicant will abide by all requirements for stream mazgin review, which will help preserve the riparian area. There is an existing path that crosses the stream margin area, and the applicant Exhibit B -PUD Review Criteria Page ] 0 of 18 has worked with the Parks and Community Development Departments on a new location for the path that will minimize the impact to the hillside. The realigned path will also be formally dedicated through a trail easement. The proposed development and utilities are located outside of the stream margin area. However, staff does not believe that the site plan appropriately preserves or enhances this important natural feature. The elimination of units 5 and 6 would help alleviate staff s concerns. At this time, staff finds this criterion is not met. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Staff Finding: No significant existing open spaces will be lost with this proposal, as the timeshaze units are proposed where the tennis courts aze currently located. During Conceptual approval the applicant amended the site plan to create a larger open space on the lower bench of the property. Staff does not believe this has created a large enough area to preserve and enhance views of the river and riparian area. The elimination or relocation of units 5 and 6 would help alleviate staff s concerns. At this time, staff finds this criterion is not met. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. Staff Finding: The timeshare units are not located along Ute Avenue because most of the street frontage is already used to accommodate the existing Club. The proposed affordable housing units are located adjacent to the street, and Staff believes these will contribute to the street character and neighborhood context. Additionally, the Club Units will help create a more pedestrian friendly environment by providing fenestration and interest to the exiting blank wall that exists as you enter the property from Ute Ave. The Applicant has agreed to provide an easement along the Ute Ave portion of the site to accommodate the eventual continuation of the Ute Ave trail. Additionally, a new bus stop/pull out and shelter are proposed to better accommodate the Cross Town Shuttle. Most of these improvements are located in the public right of way, but easements aze provided on the Subdivision Plat to accommodate the portions on site. While the landscaping plan outlines paths throughout the site, Staff believes a simplified plan is more appropriate in this context. This site is uniquely located in an area that is on the Urban/Rural fringe and adjacent to the Roaring Fork River. As such, there is an opportunity to provide unique structures that reflect the diverse settings. While there are multi-family and single-family homes in the area, Staff believes the mission of this development (wellness and personal growth) and it's unique location enable the design to be reflective of the surrounding residences while providing a different take on the design that reflects the Club's mission. Provision of more open areas on the site and the elimination of some of the mass would help the overall design better relate to the rural context. The elimination of units 5 and 6 would help alleviate staff s concerns. At this time, staff finds this criterion is not met. Exhibit B - PUD Review Criteria Page 11 of 18 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. Staff Finding: The City of Aspen Fire Marshal has reviewed the proposal, and has found it to be in compliance with all applicable life safety requirements. The Fire Marshall requested a staircase be added to the western side of the site to connect the upper and lower bench. This was added during the Conceptual review and resulted in the elimination of one parking space (the total # of parking spaces decreased from 133 at conceptual to 132 at final). The existing surface pazking area accommodates fire truck turn azounds, and must be maintained. The applicant worked with the Fire and Community Development Departments to utilize grass pavers that can accommodate fire truck loads. This was done to reduce the amount of impervious surface on the site. Further, all structures will be required to include fire sprinkler systems, and fire alarm systems. The applicant will be required to ensure adequate fire access exists in the subgrade garage. Staff finds this criterion to be met. 5. Adequate pedestrian and handicapped access is provided StaflFinding: According to the Application, the project will comply with all applicable requirements. This has been included as a condition in the Resolution. Two of the Club units are ADA Accessible, and a number of the other units include ADA bathrooms. As mentioned above, the Club will dedicate an easement for the future completion of the Ute Avenue trail. Staff finds this criterion to be met. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Sta1lFinding: According to a letter submitted by the Applicant's engineer, site drainage will be handled with some drainage improvements to maintain historic runoff Further, the Applicant's engineer states that the timeshare units will have a similaz footprint to the existing tennis courts, so an expansion of the impervious surface will be minimal. The Applicant will be required to pay the applicable Storm Water Fee assessed by the Engineering Department. If areas are re-paved as part of the redevelopment, Staff recommends that the re-paving utilize pervious paving materials. The applicant is working with the Engineering Department to ensure runoff is properly treated. Staff finds this criterion to be met. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Staff Finding: There is a significant grade difference between the proposed timeshaze units near the river and the existing Club. The units that are located at the same grade as the Club do provide sufficient spacing. Staff would like to the elimination of units 5 and 6, which would increase Exhibit B - PUD Review Criteria Page 12 of 18 the amount of space available for outdoor programming elements. Staff finds this criterion is not met at this time. D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing signiftcant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. Staff Finding: The Applicant has provided a landscaping plan with a number of new plantings proposed. This has been reviewed by the Parks Department, who is working with the applicant to ensure proper native plants are used. Staff finds this criterion to be met. 2. signiftcant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. Staff Finding: The Parks Department has requested a condition of approval to limit the construction of the trail through the riparian area to hand tools. This condition has been included. No development is proposed in the protected riparian area. Staff finds this criterion to be met. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding: The Applicant has provided a landscaping plan with a number of new plantings proposed. This has been reviewed by the Parks Department, who is working with the applicant to ensure proper native plants are used. In terms of landscaping, staff finds that additional refinement is needed for the landscape plan. The site is located near the urban/rural fringe, and as such the area has a more rural feel than other areas of town. The elimination or relocation of units 5 and 6 on the lower bench will help create the open space staff finds is needed in this proposal. The current landscape plan includes a great deal of paving, and seems rather formal. Given the site's context, staff believes less formal landscaping and less paving is needed. The applicant is maintaining the existing Aspen Club trail that crosses the property, and is creating a new trial easement that connects the river area to the Club building and the parking area. There is an existing path that is being reconfigured (afrer consultation with the Parks Department) and will be in the new trail easement. Only hand tools will be used in the stream margin area for this path. The applicant is also creating a fisherman's easement. Exhibit B - PUD Review Criteria Page 13 of 18 Additionally, the applicant has committed to installing a sidewalk on their property along Ute Avenue to help completed a needed pedestrian connection. Overall, staff finds this criterion is not met. E. Architectural Character. 1. Be compatible with or enhance the visual character of the City, appropriately relate to existing and proposed architecture of the property, represent a character suitable for and indicative of the intended use and respect the scale and massing of nearby historical and cultural resources. Staff Findine: The Aspen Club site is unique, and this Application proposes a unique addition to the Club through the new health and wellness program. Staff believes the architecture should reflect these opportunities. In terms of architecture, the applicant has stated that the proposed mass, scale, and materials are intended to convey a residential scale that is representative of the different buildings and uses in the area, while also being true to the Club's use. The applicant has done this by making the "townhome" units residential in character (a mix of pitched and flat roofs, materials palate of stone and wood that is similar to residential uses in the area, modulation typical of residential townhomes) and changing the existing blank fagade of the club to be more articulated and pedestrian friendly. Staff has concerns related to the massing of the proposal. In addition, the proposal will be subject to final Commercial Design Review following approval of the final PUD/SPA application. Staff anticipates having concerns related to the specific Commercial Design Review Criteria, including Building Design and Articulation. The applicant has proposed a water feature as part of the landscaping plan. This water feature is located in the middle of the site and runs from the lower bench to the upper bench. There are paths that run through the site to connect the timeshare units to the Club and the parking areas. In addition, the applicant is providing a permanent trail easement for the Aspen Club Trail that currently exists on site. The applicant worked with planning staff and the fire department to come up with a way to provide adequate fire access without creating additional paved areas. The solution is the installation of grass pavers in portions of the upper bench area. The elimination or relocation of units 5 and 6 would help alleviate staff s concerns. At this time, staff finds this criterion is not met. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade and vegetation and by use of non- or less-intensive mechanical systems. Staff Finding: The site plan utilizes the north/south exposure on the lot, and is participating in the new LEED for Neighborhoods program. The applicant is also planning use of renewable energy, Exhibit B -PUD Review Criteria Page 14 of 18 including a Growth Source Heat Pump loop for heating and cooling, as outlined in their Conceptual Energy & Mechanical Systems Plan. Staff finds this criterion is met. 3. Accommodate the storage and shedding of snow, ice and water in a safe and appropriate manner that does not require significant maintenance. Staff Findins: The Applicant has included a detailed snow removal and storage plan as part of the final application. This plan includes snow melt systems and onsite storage of snow. In addition, the parking and fire access areas will be plowed. Staff finds this criterion to be met. F. Lighting. 1. The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and genera[ aesthetic concerns. 2. A[[ exterior lighting shall in compliance with the outdoor lighting standards unless otherwise approved and noted in dhe final PUD documents. Up-lighting of site features, buildings, landscape elements and lighting to call inordinate attention to the property is prohibited for residential development. Staff Finding: The PUD will comply with all lighting regulations in place. No 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. Staff finds these criteria to be met. G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in al[ common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. Exhibit B -PUD Review Criteria Page IS of 18 Staff Finding: There are no common spaces proposed as part of this application. Staff finds these criteria to be not applicable. H. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustifted financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding: The application states that all costs associated with public infrastructure improvements will be borne by the Applicant. This includes the realignment of a sewer line. The Applicant's new traffic study indicates that Ute Avenue can accommodate the proposal's traffic generation. In addition, the applicant has created a comprehensive TDM plan to encourage alternative modes of transportation for club users, club employees, affordable housing resident, and timeshare owners. A safety plan, which includes speed tables and humps, for Ute Ave has also been proposed to ensure the road is safer for pedestrians. The applicant has committed to zero growth in traffic as a result of this project. The applicant has hired consultants to assess the existing water flows to determine if adequate flows exist for fire safety. The preliminary report indicates there are. The applicant is working with the City Water and Fire Departments to confirm this. The applicant is also working with the Engineering Department to ensure adequate drainage exists on the site. While no net new truck delivery traffic is anticipated as part of this project, it was found after Conceptual approval that the existing cul-de-sac does not have adequate pavement to meet city standazds. Some improvements to the existing cul-de-sac pavement will be needed to accommodate truck traffic. The applicant is working with the Engineering Department to determine to what extent the applicant is responsible for the improvements. Staff finds this criterion to be met at this time. I. Access and Circulation. (Only standards 1 &2 apply to Minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: Exhibit B -PUD Review Criteria Page 16 of 18 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. Staff Finding: Staff believes that all structures and uses have appropriate access to a public street. The timeshare units, club, and affordable housing units have access from Ute Avenue, while the additional parking on Lot 14A is accessed from Highway 82. There is also pedestrian access available from the Aspen Club Trail located by the river. The trail that provides access from Lot 14A to the club will be formally dedicated for public use as part of this application. Staff finds this criterion to be met. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. Staff Finding: The Applicant has submitted a Traffic Report that indicates the proposed parking configuration will not adversely impact traffic levels on Ute Avenue or the adjacent Intersections. The applicant has committed to no new traffic as a result of this development. Staff finds this criterion to be met. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. Staff Finding: The proposed development will not result in any changes to the existing Trail easements. The Applicant has also agreed to provide an easement along Ute Avenue to continue the Ute Avenue Trail. In addition a new trial easement will be provided for the trail that connects the river to the Club building. Staff finds this criterion to be met. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. Staff Finding: The Applicant has agreed to provide an easement along Ute Avenue to continue the Ute Avenue Trail. In addition a new trial easement will be provided for the trail that connects the river to the Club building. Staff finds this criterion to be met. 5. Streets in the PIID which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. Exhibit B - PUD Review Criteria Page 17 of 18 Staff Finding: There are no internal streets proposed as part of this PUD. Staff finds this criterion to be met. 6. Security gates, guard posts, or other entryway expressions for the PUD, or jor lots within the PUD, are minimized to the extent practicaG Staff Finding: There are no gates or guazd posts proposed as part of this PUD. Staff finds this criterion to be met. J. Phasing of Development Plan. (does not apply to Conceptual PUD applications) The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be deftned in the adopted final PUD development plan. Staff Finding: No phasing is proposed as part of this development. The development will take place approximately over a two (2) yeaz period, however, the applicant has requested a seven (7) year vesting period because of the national economic outlook and the availability of funding for mixed use projects. Staff finds this criterion to be met, but recommends against the 7 yeaz vesting period. Exhibit B -PUD Review Criteria Page 18 of 18 EXHIBIT C Chapter 26.590, TIMESHARE DEVELOPMENT Sec. 26.590.070. Review standards for timeshare lodge development. An applicant for timeshare lodge development shall demonstrate compliance with each of the following standards, as applicable to the proposed development. These standards are in addition to those standards applicable to the review of the PUD and Subdivision applications. A. Fiscal impact analysis and mitigation. Any applicant proposing to convert an existing lodge to a timeshare lodge development shall be required to demonstrate that the proposed conversion will not have a negative tax consequence for the City. In order to demonstrate the tax consequences of the proposed conversion, the applicant shall prepare a detailed fiscal impact study as part of the final PUD application. The fiscal impact study shall contain at least the following comparisons between the existing lodge operation and the proposed timeshare lodge development: I. A summary of the sales taxes paid to the City for rental of lodge rooms during the prior five years of its operation. If the lodge has stopped renting rooms prior to the time of submission of the application, then the summary shall reflect the final five (5) years the lodge was in operation. The summary of past taxes paid shall be compared to a projection of the sales taxes the proposed timeshare lodge development will pay to the City over the first five (5) years of its operation. As part of this projection, the applicant shall specify the number of nights the applicant anticipates each timeshare lodge unit will be available for daily rental to visitors (that is, the annual number of nights when the unit will not be occupied by the owner or the owner's guests), the expected visitor occupancy rate for these units, the expected average daily cost to rent the unit and the resulting amount of sales tax that will be paid to the City. 2. An estimation of the real estate transfer taxes that would be paid to the City if the existing lodge were to be sold. If an actual sale of the property has occurred within the last twelve (12) months, then the real estate taxes paid for that sale shall be used. This estimation shall be compared to a projection of the real estate transfer taxes the proposed timeshare lodge development will pay to the City over the first flue (5) years of its operation. This projection shall include a statement of the expected sales prices for the timeshare estates and the applicable tax rate that will be applied to each sale. 3. A summary of the City-portion of the property taxes paid for the lodge for the prior five (5) years of its operation and a projection of the property taxes the proposed timeshare lodge development will pay to the City over the first five (5) years of its operation. This projection shall include a statement of the Exhibit C -Timeshare Review Criteria Page I of 7 expected value that will be assigned to the property by the Tax Assessor and the applicable tax rate. The fiscal impact study may also contain such other information that the applicant believes is relevant to understanding the tax consequences of the proposed development. For example, the applicant may provide information demonstrating there will be "secondary" or "indirect" tax benefits to the City from the occupancy of the timeshare units, in terms of increased retail sales and other economic activity in the community as compared to the existing lodge development. The applicant shall be expected to prove definitively why the timeshare units would cause such economic advantages that would not be achieved by a traditional lodge development. Any such additional information provided shall compare the taxes paid during the prior five (5) years of the lodge's operation to the first five (5) years of the proposed timeshare lodge's operation. If the fiscal impact study demonstrates there will be an annual tax loss to the City from the conversion of an existing lodge to a timeshare lodge in any of the specific tax categories (property tax, sales tax, lodging tax, RETT tax), then the applicant shall be required to propose a mitigation program that resolves the problem, to the satisfaction of the City Council. Analysis of the fiscal impact study shall compare existing tax revenues for a lodging property with anticipated tax revenues. The accepted mitigation program shall be documented in the PUD agreement for the project that is entered into between the applicant and the City Council. Staff Findings: The proposal does not include any conversion of an existing lodge into a timeshare loge development. Staff finds this criterion to not be applicable. B. Upgrading of existing projects. Any existing project that is proposed to be converted to a timeshare lodge development shall be physically upgraded and modernized. The extent of the upgrading that is to be accomplished shall be determined as part of the PUD review, considering the condition of the existing facilities, with the intent being to make the development compatible in character with surrounding properties and to extend the useful life of the building. 1. To the extent that it would be practical and reasonable, existing structures shall be brought into compliance with the City's adopted Fire, Health and Building Codes. 2. No sale of any interest in a timeshare lodge development shall be closed until a Certificate of Occupancy has been issued for the upgrading. Staff Findings: The Applicant proposes an entirely new project, which does not include any conversion of an existing lodge into a timeshare loge development. The new development will be Exhibit C -Timeshare Review Criteria Page 2 of 7 required to meet all City health, fire, and building codes. Staff finds this criterion to not be applicable. C. Preservation of existing lodging inventory. An express purpose of these regulations is to preserve and enhance Aspen's existing lodging inventory. Therefore, any proposal to convert an existing lodge or other property that provides short-term accommodations to a timeshare lodge should, at a minimum, replace the existing number of units on the property in the planned timeshare lodge. If the applicant is unable to replace the existing number of units, then the timeshare lodge development shall replace the existing number of bedrooms on the property or the applicant shall demonstrate how the proposal complies with the purposes of these regulations, even though the planned timeshare lodge will not replace either the existing number of units or bedrooms. Staff Findings: The Applicant proposes an entirely new project, which does not include any conversion of an existing lodge into a timeshare loge development. The new development will bring additional lodge rooms to the City's Lodging stock. Staff finds this criterion to not be applicable. D. Affordable housing requirements. 1. Whenever a timeshare lodge development is required to provide affordable housing, mitigation for the development shall be calculated by applying the standards of the City's housing designee for lodge uses. The affordable housing requirement shall be calculated based on the maximum number of proposed lock out rooms in the development and shall also take into account any retail, restaurant, conference or other functions proposed in the lodge. Staff Findings: While this section requires affordable housing mitigation to be based on the number of lock-off rooms, updates to the land use code require mitigation be based on bedrooms. Section 26.470.050 of the Land Use Code requires projects to provide mitigation equal to 60% of the employees generated. Section 26.470.100.A.1 states that there are .5 FTEs generated per lodging bedroom. This project's twenty (20) units include sixty-two (62) bedrooms, creating a generation of 31 FTEs (62 bedrooms * .5). Therefore, the mitigation requirement is 18.6 FTEs (31 FTEs * 60%). The applicant has proposed to provide housing for twenty-seven (27) FTEs onsite in twelve (12) 2-bedroom units. This exceeds the code requirement by nearly 145%. No mitigation is required as part of the Club remodel, as there is no increase in the amount of net leasable area. Staff finds this criterion to be met. 2. The conversion of any multi-family dwelling unit that meets the definition of residential multi-family housing to timesharing shall comply with the Exhibit C -Timeshare Review Criteria Page 3 of 7 provisions of Chapter 26.530, Resident Multi-Family Replacement Program, even when there is no demolition of the existing multi-family dwelling unit. There are currently no multi-family dwelling units on the property. Staff finds this criterion to not be applicable. E. Parking requirements. 1. The parking requirement for timeshare -odge development shall be calculated by applying the parking standard for the underlying zone district for lodge uses. The parking requirement shall be calculated based on the maximum number of proposed lock out rooms in the development. Staff Findings: Pursuant to section 26.515.030 of the Land Use Code, 0.5 parking spaces are required for each key in a lodge development. There are a maximum of forty (40) keys, resulting in a parking requirement of twenty (20) parking spaces for the timeshare units (40 * 0.5 = 20). The Applicant has provided twenty (20) spaces in the sub-grade parking garage for the timeshare units. Staff finds this criterion to be met. 2. The timeshare lodge development shall also provide an appropriate level of guest transportation services, such as vans or other shuttle vehicles, to offer an alternative to having owners and guests using their own vehicles in Aspen. Staff Findings: The Applicant has provided a detailed Transportation Demand Management (TDM) plan as part of the final application. The TDM plan includes on-demand shuttle services to and from the airport for owners and guests of the timeshare units. This service will operate separate from their in town shuttle services. Additionally, the sales and marketing materials will highlight the overall philosophy of the project (healthy living) as well as the transportation options available at the club. These include the use of the Car Share program, and on-site bikes. The applicant has also committed to having zero growth in traffic trips as part of this project. Staff finds this criterion to be met. 3. The owner of a timeshare estate shall be prohibited from storing a vehicle in a parking space on-site when the owner is not using that estate. Staff Findings: The timeshare owners will be prohibited from storing their cars in the garage when they are not staying in their unit. Staff finds this criterion to be met. F. Appropriateness of marketing and sales practices. The marketing and sale of timeshare estates shall be governed by the real estate laws set forth in Title 12, Article 61, C.R.S., as may be amended from time to time. The applicant and licensed marketing entity shall present to the City a plan for marketing the timeshare development. Exhibit C -Timeshare Review Criteria Page 4 of 7 1. The following marketing and sales practices for a timeshare development shall not be permitted: a. The solicitation of prospective purchasers of timeshare units on any street, mall or other public property or facility; and b. Any unethical sales and marketing practices which would tend to mislead potential purchasers. 2. Giving of gifts to encourage potential purchasers to attend a sales presentation or to visit a timeshare development is permitted, provided the gift reflects the local Aspen economy. For example, gifts for travel to or accommodations in Aspen, restaurants in Aspen and local attractions (ski passes, concert tickets, rafting trips, etc.) are permitted. Gifts that have no relationship to the local Aspen economy are not permitted. The following gifts are also not permitted: a. Any gift for which an accurate description is not given; b. Any gift package for which notice is not given to the prospective purchaser that the purchaser will be required to attend a sales presentation as a condition of receiving the gifts; and c. Any gift package for which the printed announcement of the requirement to attend a sales presentation is in smaller type face than the information on the gift being offered. Staff Findings: The Applicant has committed to incorporating all the above requirements in the final timeshare instruments. These requirements are incorporated into the drafr Disclosure document. The timeshare instruments will be recorded simultaneously with the PUD/SPA Agreement. Staff finds this criterion to be met. G. Adequacy of maintenance and management plan. The applicant shall provide documentation and guarantees that the timeshare lodge development will be appropriately managed and maintained in a manner that will be both stable and continuous. This shall include an identification of when and how maintenance will be provided and shall also address the following requirements: 1. A fair procedure shall be established for the estate owners to review and approve any fee increases which may be made throughout the life of the timeshare development, to provide assurance and protection to timeshare owners that management/assessment fees will be applied and used' appropriately. 2. The applicant shall also demonstrate that there will be a reserve fund to ensure that the proposed timeshare development will be properly maintained throughout its lifetime. Staff Findings: The Applicant has committed to incorporating all the above requirements in the final timeshare instruments. These requirements are incorporated into the draft Disclosure Exhibit C -Timeshare Review Criteria Page 5 of 7 document. The timeshare instruments will be recorded simultaneously with the PUD/SPA Agreement. Staff finds this criterion to be met. H. Compliance with State Statutes. The applicant shall demonstrate that the proposed timeshare lodge development will comply with all applicable requirements of Title 12, Article 61, C.R.S.; Title 38, Article 33, C.R.S.; and Title 38, Article 33.3, C.R.S.; including the requirements concerning the five (5) day period for rescission of a sales contract and the procedures for holding deposits or down payments in escrow. Staf(Findinps: The Applicant has committed to incorporating all the above requirements in the final timeshare instruments. These requirements are incorporated into the draft Disclosure document. The final timeshare instruments will be recorded simultaneously with the PUD/SPA Agreement. Staff finds this criterion to be met. I. Approval by condominium owners. If the development that is proposed to be timeshared is a condominium, the applicant shall submit written proof that the condominium declaration allows timesharing, that one hundred percent (100%) of the owners of the condominium units have approved the timeshare development, including any improvements to the common elements that the applicant may propose, that all mortgagees of the condominium have approved the proposed timeshare development and that all condominium units in the timeshare development will be included in the same sales and marketing program. Staf(FindinQS: The project currently does not have condominium owners. Staff finds this criterion to not be applicable. J. Prohibited practices and uses. Without in any way limiting any requirement contained in this Chapter, it is unlawful for any person to knowingly engage in any of the following practices: 1. The creation, operation or sale of a right-to-use interest or any other timeshare concept which is not specifically allowed and approved pursuant to the requirements of this Section. Right-to-use timeshare concepts (e.g., lease-holds and vacation clubs) are considered inappropriate in Aspen and are not permitted. 2. Misrepresentation of the facts contained in any application for timeshare approval, timeshare development instruments or disclosure statement. 3. Failure to comply with any representations contained in any application for timesharing or misrepresenting the substance of any such application to another who may be a prospective purchaser of a timeshare interest. 4. Manage, operate, use, offer for sale or sell a timeshare estate or interest therein in violation of any requirement of this Chapter or any approval granted pursuant hereto or cause or aid and abet another to violate any Exhibit C -Timeshare Review Criteria Page 6 of 7 requirement of this Chapter or an approval granted pursuant to this Chapter. (Ord. No. 21-2002 § 1 (part), 2002; Ord. No. 13-2005, § 5) Staff FindinQS: The Applicant has committed that they will not knowingly engage in any of the above mentioned activities. Staff finds this criterion to be met. Exhibit C -Timeshare Review Criteria Page 7 of 7 EXHIBIT D Chapter 26.470, Growth Management Quota System Sec. 26.470.OSO.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 Finding: The Application includes a request for multi-year allotment for the timeshare portion of the development and 12 allotments for affordable housing. There are sufficient affordable housing allotments available. This review criterion is not applicable to the timeshare portion of the applicant. Staff finds this criterion to be met. 2. The proposed development is consistent with the Aspen Area Community Plan. Staff Finding: Staff believes that a number of the goals in the Aspen Area Community Plan are met, but has some concerns relating to other aspects of the AACP. The Application meets a number of AACP goals related to affordable housing, economic sustainability, and arts and culture, and has made changes since Conceptual Review to meet goals related to transportation. The Applicant has also made changes to the site plan, which Staff believes brings the project closer to meeting the goals related to community character & design, and open space & environment. Overall, Staff finds this review criterion to be met. Housins: The Applicant is providing 145% of the required Affordable Housing, which is an important step in helping the community meet the Affordable Housing goals outlined in the AACP. The Housing section of the AACP states the intent of affordable housing is to "create an affordable housing environment that is appropriately scaled and distributed throughout existing and new neighborhoods..." (Intent, pg 25). This development proposal mixes free-market commercial and free-market lodging with affordable housing. The affordable housing is scaled to relate to the adjacent Club building and other surrounding buildings. This section also states that, "Our housing policy should bolster our economic and social diversity, reinforce variety, and enhance our sense of community by integrating affordable housing into the fabric of our town. A healthy social balance includes all income ranges and types of people. Each project should endeavor to further that mix and to avoid segregation of economic and social classes by project." (Philosophy, pg 25). This proposal would provide 12 Exhibit D - GMQS Review Criteria Page 1 of 10 new affordable housing rental units for Aspen Club Employees. A mix of category 2, 3, and 4 units are proposed, which will ensure the housing is accessible to a wide range of income levels. Mana>;in¢ Growth: The AACP Managing Growth Chapter lists one of the main goals of managing growth as "foster a well-balanced community through integrated design that promotes economic diversity, transit and pedestrian friendly lifestyles, and the mixing of people from different backgrounds." (Goal E, pg 19). The proposal will promote a mix of backgrounds through the Club use as well as the affordable housing residents and lodge visitors that will be on site. Additionally, a detailed transportation plan is proposed that promotes pedestrian access to the site and the use of alternative modes of transportation. Economic Sustainability: Further, the Economic Sustainability section of the AACP recognizes that "local ownership of business helps maintain our community's unusual character, tends to return more money to the local economy, and provides additional opportunities for upward mobility of people" and that "the community and its governments should support local ownership as well as externally-owned businesses that are locally-serving and locally-involved" (Philosophy, pg 31). The Aspen Club is owned by a variety of locals and non-locals, but it is a locally operated business. The stated goal of this proposal is to provide a new health and wellness opportunity for residents and visitors, and to use the money raised through the timeshare sales to subsidize programs for locals. The Club currently provides services and events that are designed for locals, including the "Tuesdays with Michael" program that highlights a local non-profit and their activities every week in the summer, as well as periodic health lectures. Staff believes that the concept of this application is a good one, and will go a long way toward furthering the goals outlined Aspen Area Community Plan. The Economic Sustainability section also states that it is important to "encourage resource efficiency, environmental responsibility, and cultural and community sensitivity in local organizations and in construction" (Policies, pg 32). The applicant used the new LEED for Neighborhood standards in developing the proposal. This requires that development be done using environmentally friendly techniques. To that end, the applicant is investigating ways to minimize construction impacts, utilizing alternative renewable energies and various energy efficient materials. The applicant has committed to no net new energy use as a result of this project. Arts, Culture, & Education: The AACP states that "...arts, culture, and education are acknowledged as essential to Aspen's thriving year-round economy, its vibrant international profile, and its future as a unique place to live, work, and learn" (Philosophy. Pg 45). The Aspen Club currently works to promote the Arts, Culture, and Education of the Aspen Area by supporting local non-profits through provision of office space and financial support, and by facilitating educational and wellness programs for Club members and community members at large. The applicant has pledged to continue this commitment if the application is approved. Exhibit D - GMQS Review Criteria Page 2 of 10 Parks, Open Snace, & Environment: The Pazks, Open Space, & Environment section of the AACP discusses the need to "preserve, enhance and restore the natural beauty of the environment of the Aspen Area" (Intent, pg 34). Staff believes the changes made to the application during conceptual review help the proposal move in the direction of enhancing the ripazian azea on the site, and bringing the ripazian area into the site, however staff believes the current mass detracts from the natural beauty of the area. The removal or relocation of units 5 and 6 would further help the development meet this section of the AACP. This section also states that "All Developments should be in accordance with the Wildlife and Biodiversity map and the Parks, Open Space, and the Environment map to protect sensitive habitat azeas (e.g. ripazian corridor and Elk habitat)" (Policies, pg 35). The development is respecting the required stream mazgin setback and the applicant has worked with the Parks Department to ensure that construction methods will not negatively impact the riparian azea. Design Quality: The Design Quality section of the AACP asks that development "retain and encourage an eclectic mix of design styles to maintain and enhance the special character of our community." The section also states that "we favor diversity tempered by context, sometimes historical, sometimes not, as opposed to arbitrariness. `Context' refers first to region, then town, neighborhood, and finally the natural and man made features joining a particular development site. Decisions regarding scale, massing, form, materials, texture, and color must be first measured by context. Contextual appropriateness transcends `style' alone" (Philosophy, pg 42). Staff believes the ideas put forward in the Application for a health and wellness facility are good goals, and that the site plan changes at Conceptual have moved the proposal in the direction of combining this goal with the proposed architecture. Further, Staff finds that the changes help ensure the development will "enhance the special character of our community." The Aspen Club site is unique, and this Application proposes a unique addition to the Club. Staff believes the changes to the site plan begin to reflect these opportunities. In terms of uses, the project does a good job of relating to the immediate context which is comprised of a vaziety of uses. In terms of massing, staff is concerned that there is too much mass on the site given its context of being on the urban/rural fringe. The elimination or relocation of units 5 and 6 would help better meet the Design Quality section of the AACP. Transportation: The AACP has a number of goals and policies related to Transportation, including a policy that new growth should be structured "on compact, mixed-use patterns that enable and support travel by foot, bicycle, and public transportation for all types of trips" (Policies, pg 22). Additionally, the Transportation Chapter includes goals to maintain and improve "the appeal of bicycling and walking...by adding sidewalk connections, replacing sidewalks, and requiring sidewalks as part of development approvals, where appropriate..." (Goal C, pg 22) and "the appeal of carpool or vanpooling for a wide variety of trip types" (Goal D, pg 22). The Transportation Chapter also includes a policy to "require all employment, school, social, recreation or other activities that generate demand for travel to mitigate traffic impacts through support of alternative transportation modes in proportion to trips generated." (Policies, pg 22) Exhibit D - GMQS Review Criteria Page 3 of 10 The applicant has worked with city staff to create a set of Transportation Demand Management (TDM) tools that focus on alternative forms of transportation, including cazsharing, vanpools, carpooling, biking, and walking. The applicant has also committed to installing a new sidewalk along Ute Avenue to make walking and biking safer and more viable. The TDM plan includes a commitment to continue use of the Cross Town Shuttle and the use of coordinated vans and shuttles for employees as well as visitors who stay at other hotels but want to use the Aspen Club. Coordinated pick up service at the airport is also proposed for the timeshaze users. Staff believes that the TDM plan meets the goals and policies of the AACP related to Transportation. 3. The development conforms to the requirements and limitations of the zone district. Staff Finding: The application is for an SPA and PUD to vary the underlying dimensional and use requirements for this site. The project will comply with all dimensional and use requirements that are established as part of the final PUD/SPA review. Staff finds this criterion to be met. 4. The proposed development is consistent with the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the Conceptual Planned Unit Development approval, as applicable. Staff Finding: The project received conceptual commercial design review approval and conceptual PUD approval. The final application is consistent with both those approvals. Staff finds this criterion to be met. 5. Unless otherwise specifted 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. Stall Finding: The applicant has committed to meeting the 60% employee mitigation number for the Growth Management Review, which is the highest mitigation level outlined in the code for lodge development. The lodge development includes 62 bedrooms (ten 3-bedroom units, four 4-bedroom units, four 3-bedroom units, and two 2-bedroom units). Land Use Code section 26.470.100.A.1 states that there are .5 FTEs per lodging bedroom. Therefore, the employee generation is 31 FTEs (62 lodge bedrooms * .5 FTEs = 31 FTEs). At a mitigation level of 60%, the required mitigation for the project is 18.6 FTEs (31 FTEs * 60%= 18.6 FTEs). Exhibit D - GMQS Review Criteria Page 4 of 10 The applicant is providing twelve 2-bedroom affordable housing units. Land Use Code section 26.470.100.A.2 states that each 2 bedroom unit houses 2.25 FTEs. Therefore, the proposed 12 affordable housing units will house 27 FTEs (12 two-bedroom units * 2.25FTEs = 27 FTEs). This is approximately 145% of the required affordable housing mitigation. Staff finds this criterion to be met. 6. Affordable housing net livable area, for which the finished floor level is at or above natural or ftnished 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 finished 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 deftned 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. Staff Finding: No free-market residential development is proposed as part of this application. Staff finds this criterion is not applicable. 7. The project represents minimal additional demand on public infrastructure, or such additional demand is mitigated through improvement proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking and road and transit services. (Ord. No. 14, 2007, §I) Staff Finding: Adequate public facilities exist and will be upgraded at the owner's expense. This includes the realignment of a sewer line. The Applicant's new traffic study indicates that Ute Avenue can accommodate the proposal's traffic generation. In addition, the applicant has created a comprehensive TDM plan to encourage alternative modes of transportation for club users, club employees, affordable housing resident, and timeshare owners. A safety plan, which includes speed tables and humps, for Ute Ave has also been proposed to ensure the road is safer for pedestrians. The applicant has committed to zero growth in traffic as a result of this project. The applicant has hired consultants to assess the existing water flows to determine if adequate flows exist for fire safety and the preliminary report indicates there are adequate flows. The applicant is working with the City Water and Fire Departments to confirm this. The applicant is also working with the Engineering Department to ensure adequate drainage exists on the site. Staff finds this criterion to be met at this time. Sec. 26.470.090.City Council applications. Exhibit D - GMQS Review Criteria Page 5 of 10 The following types of development shall be approved, approved with conditions or denied by the City Council, pursuant to Section 26.470.110, Procedwes for review, and the criteria for each type of development described below. Except as noted, all growth management applications shall comply with the general requirements of Section 26.470.050. Except as noted, all City Council growth management approvals shall be deducted from the respective annual development allotments and development ceiling levels. 26.470.090.1. Multi-year development allotment. The City Council, upon a recommendation from the Planning and Zoning Commission, shall approve, approve with conditions or deny a multi-year development allotment request based on the following criteria: a. The proposed development is considered "exceptional" considering the following criteria: (Note: A project need not meet all of the following criteria, only enough to be sufficiently considered "exceptional. ") I) The proposal exceeds the minimum affordable housing required for a standard project. Staff Finding: The applicant is providing housing for 27 FTEs, when housing for 18.6 FTEs is required by the code. This represents housing at 145% of the requirement. Staff finds this criterion to be met. 2) The proposed project represents an excellent historic preservation accomplishment. A recommendation from the Historic Preservation Officer shall be considered for this standard. Staff Finding: The proposed development does not include a historic preservation element. The property is not designated and is not on the Ordinance 48 list of potentially significant structures. Staff finds this criterion is not applicable. 3) The proposal furthers affordable housing goals by providing units established as priority through the current Aspen/Pitkin County Housing Authority Guidelines and provides a desirable mix of affordable unit types, economic levels and lifestyles (e.g., singles, seniors, families, etc.). A recommendation from the Aspen/Pitkin County Housing Authority shall be considered for this standard. Staff Finding: The applicant has proposed a mix of Category 2, 3, and 4 units, although the land use code only requires the provision of Category 4 units. Category units that are below Category 4 are priority units for AHCPA. The mix of categories will enable a vaziety of income levels to rent housing near where they work. The income requirements for these categories are: Maximum Income for Rental Units Exhibit D - GMQS Review Criteria Page 6 of 10 Cateeorv CateQOrv Cateeorv No. of Adults 2 3 4 1 Adult $49,000 $79,000 $129,000 2 Adult $73,000 $119,000 $193,000 3 Adult $85,000 $139,000 $225,000 Net Assets not in Excess of: $125,000 $150,000 $175,000 Staff finds this criterion to be met. 4) The proposal minimizes impacts on public infrastructure by incorporating innovative, energy-saving techniques. Stai(Finding: The applicant is committing to a project that will contain no net new energy usage. This is being done through upgrades to the existing Club building (insulation, drainage, etc) and energy efficient building techniques, like radiant floors, energy efficient materials, etc. In addition, the applicant is contemplating the use of solar panels, and has committed to the use of Ground Source Heat Pumps (GSHP). The project is participating in the LEED-ND program, and will exceed the City's adopted energy codes. Staff finds this criterion to be met. 5) The proposal minimizes construction impacts to the extent practicable both during and after construction. Staff Finding: The applicant has provided a preliminary construction management plan, which indicates the project will meet all applicable city code requirements related to construction. Amore detailed plan will be submitted at the time of the building permit application. Staff would like more detail on construction types. For instance, the applicant indicated during the conceptual review that modular construction might be used in an effort to decrease construction impacts. There is no information on the final application regarding this issue. At this time staff finds this criterion is met. 6) The proposal maximizes potential public transit usage and minimizes reliance on the automobile. Staff Finding: The applicant has submitted a detailed Transportation Demand Management (TDM) plan and traffic study that commits to a zero growth project in terms of traffic. The TDM plan includes specific measures to reduce the reliance on the automobile and increase use of alternative modes, including carpooling, biking, walking, and using Exhibit D - GMQS Review Criteria Page 7 of 10 shuttles. Specific measures are proposed for Aspen Club employees, those living in the affordable housing units, owners and guests of the timeshare units, and members and guests of the Aspen Club & Spa. The plan has been reviewed by the Transportation Department. Staff finds this criterion is met. 7) The proposal exceeds minimum requirements of the Efficient Building Code or for LEEDS certification, as applicable. A recommendation from the Building Department shall be considered for this standard. Staff Finding: The applicant is participating in the LEED-ND pilot program, which requires specific measures be taken to reduce the overall environmental footprint of the development. The Applicant worked with Resource Engineering Group to do an energy use study of the proposal (see Exhibit 2 in the Application Appendix D). The Applicant's goal is to have the entire energy use on site after the development be equal to or less than the energy used on site today. To do that, the applicant will use a Ground Source Heat Pump (GSHP) loop for heating and cooling, improved insulation and HVAC systems on the club building, and the use of radiant floors for efficient heating in the timeshare and affordable housing units. The applicant has also committed to exceeding the City's current energy code. Staff finds this criterion to be met. 8) The proposal promotes sustainability of the local economy. Staf(Finding: One of the applicant's stated goals with this project is to ensure that the Aspen Club and Spa remain an economically viable business. The timeshare units will help subsidize improvements to the Club and new programming opportunities. The Aspen Club is a business that currently serves both locals and visitors, and the improvements envisioned for the club will help ensure it is attractive to locals and visitors in the future. Additionally, the provision of rental affordable housing for club employees will provide opportunities for employees to put roots in the community. The timeshare units will be subject to the Real Estate Transfer Tax (RETT) when they are sold, creating tax revenue. Staff finds this criterion to be met. 9) The proposal represents a desirable site plan and an architectural design solution. Staff Finding: The site has a great asset in the Roaring Fork River, which crosses the site. The Applicant will abide by all requirements for stream margin review, which will help preserve the riparian area. However, staff does not believe that the site plan appropriately preserves or enhances this important natural feature. During Conceptual approval the applicant amended the site plan to create a larger open space on the lower bench of the property. Staff does not believe this has created a large enough area to preserve and enhance views of the river and riparian area. Exhibit D - GMQS Review Criteria Page 8 of 10 In terms of architecture, the applicant has stated to staff that the proposed mass, scale, and materials aze intended to convey a residential scale that is representative of the different buildings and uses in the area, while also being true to the Club's use. The applicant has done this by making the "townhome" units residential in chazacter (a mix of pitched and flat roofs, a material palate of stone and wood that is similar to residential uses in the azea, modulation typical of residential townhomes) and changing the existing blank fagade of the club to be more articulated and pedestrian friendly. Staff has concems related to the massing of the proposal. In addition, the proposal will be subject to Final Commercial Design Review following approval of the final PUD/SPA application. Staff anticipates having concerns related to the specific Commercial Design Review Criteria, including Building Design and Articulation. However the applicant has time to refine the design between now and the future review. The applicant has proposed a water feature as part of the landscaping plan. This water feature is located in the middle of the site and runs from the lower bench to the upper bench. There are paths that run through the site to connect the timeshare units to the Club and the pazking areas. In addition, the applicant is providing a permanent trail easement for the trail running from the river to the Club building and parking area. The applicant worked with planning staff and the fire department to come up with a way to provide adequate fire access without creating additional paved areas. The solution is the installation of grass pavers in portions of the upper bench azea. The elimination or relocation of units 5 and 6 would help alleviate staff s concerns. At this time, staff finds this criterion is not met. 10) The proposed development is compatible with the character of the existing land uses in the surrounding area and the purpose of the underlying zone district Staff Finding: The uses in the area are quite mixed, with commercial, single-family free market residential, multi-family affordable housing, and non-profit uses all on the adjacent properties. Along Ute Avenue, there are short term accommodations as well as a variety of residential uses. Staff finds that the proposed use mix will fit in with and is consistent with the variety of uses on the immediately adjacent parcels and the overall context of Ute Avenue. Staff believes the proposed health and wellness program will be a good addition to the existing Club services and to the community in general. Overall, staff finds this criterion is met. b. The project complies with a[[ other provisions of the Land Use Code and has obtained all necessary approvals from the Historic Preservation Commission, the Planning and Zoning Commission and the City Council, as applicable. Staff Finding: Exhibit D-GMQS Review Criteria Page 9 of 10 The Growth Management Reviews are part of a larger application. Assuming these reviews are approved by City Council, this criterion is met. c. The Community Development Director shall be directed to reduce the applicable annual development allotments, as provided in Subsection 26.470.030.D, in subsequent years as determined appropriate by the City Council. Staff Finding: The Community Development Director will reduce the annual development allotments as applicable. 112 pillows will be deducted from 2009, and 12 pillows will be deducted from 2010. Staff finds this criterion to be met. Exhibit D - GMQS Review Criteria Page 10 of 10 EXHIBIT E Chapter 26.310, Amendments to the Land Use Code and Official Zone District Map Sec. 26.310.040. Standards of review. In reviewing an amendment to the text of this Title or an amendment to the Official Zone District Map, the City Council and the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. Staff Finding: Through the review criteria outlined in the exhibits, staff believes the requirements of the code are met, although some minor changes are suggested, including the elimination or relocation of units 5 & 6 and reconfiguration of internal paths. Overall, staff finds this criterion to be met. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. Staff Finding: Staff believes that a number of the goals in the Aspen Area Community Plan are met, but has some concerns relating to other aspects of the AACP. The Application meets a number of AACP goals related to affordable housing, economic sustainability, and arts and culture, and has made changes since Conceptual Review to meet goals related to transportation. The Applicant has also made changes to the site plan, which Staff believes brings the project closer to meeting the goals related to community character & design, and open space & environment. Overall, Staff finds this review criterion to be met. Housing: The Applicant is providing 145% of the required Affordable Housing, which is an important step in helping the community meet the Affordable Housing goals outlined in the AACP. The Housing section of the AACP states the intent of affordable housing is to "create an affordable housing environment that is appropriately scaled and distributed throughout existing and new neighborhoods..." (Intent, pg 25). This development proposal mixes free-market commercial and free-market lodging with affordable housing. The affordable housing is scaled to relate to the adjacent Club building and other surrounding buildings. This section also states that, "Our housing policy should bolster our economic and social diversity, reinforce variety, and enhance our sense of community by integrating affordable housing into the fabric of our town. A healthy social balance includes all income ranges and types of people. Each project should endeavor to further that mix and to avoid segregation of economic and social classes by project." (Philosophy, pg 25). This proposal would provide 12 new affordable housing rental units for Aspen Club Employees. A mix of category 2, 3, and 4 units are proposed, which will ensure the housing is accessible to a wide range of income levels. Exhibit E -Rezoning Review Criteria Page 1 of 6 Managing Growth: The AACP Managing Growth Chapter lists one of the main goals of managing growth as "foster a well-balanced community through integrated design that promotes economic diversity, transit and pedestrian friendly lifestyles, and the mixing of people from different backgrounds." (Goal E, pg 19). The proposal will promote a mix of backgrounds through the Club use as well as the affordable housing residents and lodge visitors that will be on site. Additionally, a detailed transportation plan is proposed that promotes pedestrian access to the site and the use of alternative modes of transportation. Economic Sustainability: Further, the Economic Sustainability section of the AACP recognizes that "local ownership of business helps maintain our community's unusual character, tends to return more money to the local economy, and provides additional opportunities for upward mobility of people" and that "the community and its governments should support local ownership as well as externally-owned businesses that are locally-serving and locally-involved" (Philosophy, pg 31). The Aspen Club is owned by a variety of locals and non-locals, but it is a locally operated business. The stated goal of this proposal is to provide a new health and wellness opportunity for residents and visitors, and to use the money raised through the timeshare sales to subsidize programs for locals. The Club currently provides services and events that are designed for locals, including the "Tuesdays with Michael" program that highlights a local non-profit and their activities every week in the summer, as well as periodic health lectures. Staff believes that the concept of this application is a good one, and will go a long way toward furthering the goals outlined Aspen Area Community Plan. The Economic Sustainability section also states that it is important to "encourage resource efficiency, environmental responsibility, and cultural and community sensitivity in local organizations and in construction" (Policies, pg 32). The app-icant used the new LEED for Neighborhood standards in developing the proposal. This requires that development be done using environmentally friendly techniques. To that end, the applicant is investigating ways to minimize construction impacts, utilizing alternative renewable energies and various energy efficient materials. The applicant has committed to no net new energy use as a result of this project. Arts, Culture, & Education: The AACP states that "...arts, culture, and education are acknowledged as essential to Aspen's thriving year-round economy, its vibrant international profile, and its future as a unique place to live, work, and learn" (Philosophy. Pg 45). The Aspen Club currently works to promote the Arts, Culture, and Education of the Aspen Area by supporting local non-profits through provision of office space and financial support, and by facilitating educational and wellness programs for Club members and community members at large. The applicant has pledged to continue this commitment if the application is approved. Parks, Open Snace, & Environment: The Parks, Open Space, & Environment section of the AACP discusses the need to "preserve, enhance and restore [he natural beauty of the environment of the Aspen Area" (Intent, pg 34). Staff believes the changes made to the application during conceptual review help the proposal Exhibit E -Rezoning Review Criteria Page 2 of 6 move in the direction of enhancing the riparian area on the site, and bringing the riparian area into the site, however staff believes the current mass detracts from the natural beauty of the area. The removal or relocation of units 5 and 6 would further help the development meet this section of the AACP. This section also states that "All Developments should be in accordance with the Wildlife and Biodiversity map and the Pazks, Open Space, and the Environment map to protect sensitive habitat azeas (e.g. riparian corridor and Elk habitat)" (Policies, pg 35). The development is respecting the required stream margin setback and the applicant has worked with the Parks Department to ensure that construction methods will not negatively impact the riparian area. Design Quality: The Design Quality section of the AACP asks that development "retain and encourage an eclectic mix of design styles to maintain and enhance the special character of our community." The section also states that "we favor diversity tempered by context, sometimes historical, sometimes not, as opposed to arbitrariness. `Context' refers first to region, then town, neighborhood, and finally the natural and man made features joining a particular development site. Decisions regarding scale, massing, form, materials, texture, and color must be first measured by context. Contextual appropriateness transcends `style' alone" (Philosophy, pg 42). Staff believes the ideas put forward in the Application for a health and wellness facility are good goals, and that the site plan changes at Conceptual have moved the proposal in the direction of combining this goal with the proposed architecture. Further, Staff finds that the changes help ensure the development will "enhance the special character of our community." The Aspen Club site is unique, and this Application proposes a unique addition to the Club. Staff believes the changes to the site plan begin to reflect these opportunities. In terms of uses, the project does a good job of relating to the immediate context which is comprised of a variety of uses. In terms of massing, staff is concerned that there is too much mass on the site given its context of being on the urban rural fringe. The elimination or relocation of units 5 and 6 would help better meet the Design Quality section of the AACP. Transportation: The AACP has a number of goals and policies related to Transportation, including a policy that new growth should be structured "on compact, mixed-use patterns that enable and support travel by foot, bicycle, and public transportation for all types of trips" (Policies, pg 22). Additionally, the Transportation Chapter includes goals to maintain and improve "the appeal of bicycling and walking...by adding sidewalk connections, replacing sidewalks, and requiring sidewalks as part of development approvals, where appropriate..." (Goa- C, pg 22) and "the appeal of carpool or vanpooling for a wide variety of trip types" (Goal D, pg 22). The Transportation Chapter also includes a policy to "require all employment, school, social, recreation or other activities that generate demand for travel to mitigate traffic impacts through support of alternative transportation modes in proportion to trips generated." (Policies, pg 22) The applicant has worked with city staff to create a set of Transportation Demand Management (TDM) tools that focus on alternative forms of transportation, including carsharing, vanpools, carpooling, biking, and walking. The applicant has also committed to installing a new sidewalk Exhibit E -Rezoning Review Criteria Page 3 of 6 along Ute Avenue to make walking and biking safer and more viable. The TDM plan includes a commitment to continue use of the Cross Town Shuttle and the use of coordinated vans and shuttles for employees as well as visitors who stay at other hotels but want to use the Aspen Club. Coordinated pick up service at the airport is also proposed for the timeshare users. Staff believes that the TDM plan meets the goals and policies of the AACP related to Transportation. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding: The proposed development is consistent with the character of the area. The neighborhood consists of a variety of single-family and multi-family homes, and while the proposal is for new timeshare lodge units it will function in a more residential nature than a typical lodge downtown. The proposed affordable housing is consistent with the adjacent properties, which include a number of affordable housing projects. Additionally, adjacent parcels also include non-profit and commercial uses. Staff finds this criterion to be met. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding: The Applicant's new traffic study indicates that Ute Avenue can accommodate the proposal. In addition, the applicant has created a comprehensive TDM plan to encourage alternative modes of transportation for club users, club employees, affordable housing resident, and timeshare owners. A safety plan, which includes speed tables and humps, for Ute Ave has also been proposed to ensure the road is safer for pedestrians. The applicant has committed to zero growth in traffic as a result of this project. Staff finds this criterion to be met. E. Whether and the extent to which the proposed amendment would result in demands on public facilities and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools and emergency medical facilities. Staff Finding: The applicant has agreed to pay for any extension or improvement of utilizes if any are needed. The Applicant has contracted with a consulting firm to determine available water flows for the site. That study has indicated that there is enough water capability for required fire needs. The applicant is working with the ACSD on a realignment of the sewer. The proposal is currently being reviewed by the board of directors. According to a letter submitted by the Applicant's engineer, site drainage will be handled with some drainage improvements to maintain historic runoff Further, the Applicant's engineer states that the timeshare units will have a similar footprint to the existing tennis courts, so an expansion of the impervious surface will be minimal. The Applicant will be required to pay the applicable Storm Water Fee assessed by the Engineering Department. If areas of the site are re- paved as part of the redevelopment, Staff recommends that the re-paving utilize pervious paving materials. The Engineering Department has reviewed the application and is working with the applicant to ensure there is adequate drainage onsite. Exhibit E -Rezoning Review Criteria Page 4 of 6 At this time, staff finds this criterion is met. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Staff Finding: The applicant has committed to ensuring the new development uses no more energy than the existing development. This will be done through increased energy efficiency of the Aspen Club building and the use of a GSHP loop. There are some trees that need to be removed, but the applicant has worked with the Parks Department to ensure the trees are properly mitigated for. In addition, the applicant is abiding by all stream margin requirements. Staff finds this criterion to be met. G. Whether the proposed amendment is consistent and compatible with the community character in the City. Staff Finding: The Rezoning is required because of the SPA designation (the SPA designation is required to allow multi-family Affordable Housing and Lodging on the site). Other parcels in the immediate area are also zoned with an SPA overlay (Silverlining Ranch and the Benedict Building). The proposed development is consistent with the character of the area, as outlined in Review Criteria C, above. Both Affordable Housing and Lodging are uses that are located throughout town and are integral to the functionality of "Aspen the Resort" and "Aspen the Community". The city has a number of small neighborhood lodges that are scattered throughout residential areas. This proposal is similar to those lodges in term of size and character. Staff finds this criterion to be met. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: The neighborhood already contains a mix of uses and the lodging component would add to that diversity. In addition, there have been no recent changes in the area or to the land use code that address this kind of development. Staff finds this criterion is not applicable. I. Whether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent of this Title. Staff Finding: There is no known conflict regarding this application. There are a number of parcels with SPA overlays in the area, and an SPA on this site would enable the creation of additional affordable housing, which is a goal of the Aspen Area Community Plan. Staff believes that the SPA Exhibit E -Rezoning Review Criteria Page 5 of 6 designation would create a public benefit. It will allow affordable housing to be developed on the parcel, which is not currently a permitted use in the underlying zone district. This will enable the Club to house some of its employees that currently commute into Aspen, reducing impacts on the transportation system and the entrance to Aspen. Further, the timeshare development will enable to Club to continue to provide a home for many of the Valley's non-profits, and will enable specialized programming to be made available to the public. Staff finds this criterion to be met. Exhibit E -Rezoning Review Criteria Page 6 of 6 EXHIBIT F, SUBDIVISION Chapter 26.480, SUBDIVISION Section 26.480 of the City Land Use Code provides that development applications for Subdivision must comply with the following standards and requirements. A. General Requirements 1. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. Staff Finding: Staff believes that a number of the goals in the Aspen Area Community Plan are met, but has some concerns relating to other aspects of the AACP. The Application meets a number of AACP goals related to affordable housing, economic sustainability, and arts and culture, and has made changes since Conceptual Review to meet goals related to transportation. The Applicant has also made changes to the site plan, which Staff believes brings the project closer to meeting the goals related to community character & design, and open space & environment. Overall, Staff finds this review criterion to be met. Housing: The Applicant is providing 145% of the required Affordable Housing, which is an important step in helping the community meet the Affordable Housing goals outlined in the AACP. The Housing section of the AACP states the intent of affordable housing is to "create an affordable housing environment that is appropriately scaled and distributed throughout existing and new neighborhoods..." (Intent, pg 25). This development proposal mixes free- market commercial and free-market lodging with affordable housing. The affordable housing is scaled to relate to the adjacent Club building and other surrounding buildings. This section also states that, "Our housing policy should bolster our economic and social diversity, reinforce variety, and enhance our sense of community by integrating affordable housing into the fabric of our town. A healthy social balance includes all income ranges and types of people. Each project should endeavor to further that mix and to avoid segregation of economic and social classes by project." (Philosophy, pg 25). This proposal would provide 12 new affordable housing rental units for Aspen Club Employees. A mix of category 2, 3, and 4 units are proposed, which will ensure the housing is accessible to a wide range of income levels. ManaQlnR Growth: The AACP Managing Growth Chapter lists one of the main goals of managing growth as "foster awell-balanced community through integrated design that promotes economic diversity, transit and pedestrian friendly lifestyles, and the mixing of people from different backgrounds." (Goal E, pg 19). The proposal will promote a mix of backgrounds through the Club use as well as the affordable housing residents and lodge visitors that will be on site. Additionally, a detailed transportation plan is proposed that promotes pedestrian access to the site and the use of alternative modes of transportation. Exhibit F -Subdivision Review Criteria Page 1 of 6 Economic Sustainability: Further, the Economic Sustainability section of the AACP recognizes that "local ownership of business helps maintain our community's unusual chazacter, tends to return more money to the local economy, and provides additional opportunities for upward mobility of people" and that "the community and its governments should support local ownership as well as externally-owned businesses that are locally-serving and locally-involved" (Philosophy, pg 31). The Aspen Club is owned by a variety of locals and non-locals, but it is a locally operated business. The stated goal of this proposal is to provide a new health and wellness opportunity for residents and visitors, and to use the money raised through the timeshare sales to subsidize programs for locals. The Club currently provides services and events that are designed for locals, including the "Tuesdays with Michael" program that highlights a local non-profit and their activities every week in the summer, as well as periodic health lectures. Staff believes that the concept of this application is a good one, and will go a long way toward furthering the goals outlined Aspen Area Community Plan. The Economic Sustainability section also states that it is important to "encourage resource efficiency, environmental responsibility, and cultural and community sensitivity in local organizations and in construction" (Policies, pg 32). The applicant used the new LEED for Neighborhood standards in developing the proposal. This requires that development be done using environmentally friendly techniques. To that end, the applicant is investigating ways to minimize construction impacts, utilizing alternative renewable energies and various energy efficient materials. The applicant has committed to no net new energy use as a result of this project. Arts, Culture, & Education: The AACP states that "...arts, culture, and education aze acknowledged as essential to Aspen's thriving yeaz-round economy, its vibrant international profile, and its future as a unique place to live, work, and learn" (Philosophy. Pg 45). The Aspen Club currently works to promote the Arts, Culture, and Education of the Aspen Area by supporting local non- profits through provision of office space and financial support, and by facilitating educational and wellness programs for Club members and community members at large. The applicant has pledged to continue this commitment if the application is approved. Parks, Open Space, & Environment: The Parks, Open Space, & Environment section of the AACP discusses the need to "preserve, enhance and restore the natural beauty of the environment of the Aspen Area" (Intent, pg 34). Staff believes the changes made to the application during conceptual review help the proposal move in the direction of enhancing the riparian azea on the site, and bringing the ripazian area into the site, however staff believes the current mass detracts from the natural beauty of the area. The removal or relocation of units 5 and 6 would further help the development meet this section of the AACP. This section also states that "All Developments should be in accordance with the Wildlife and Biodiversity map and the Parks, Open Space, and the Environment map to protect sensitive habitat areas (e.g. riparian corridor and Elk habitat)" (Policies, pg 35). The development is respecting the required stream margin setback and the applicant has worked with the Parks Department to ensure that construction methods will not negatively impact the rtpartan area. Exhibit F -Subdivision Review Criteria Page 2 of 6 Design Quality: The Design Quality section of the AACP asks that development "retain and encourage an eclectic mix of design styles to maintain and enhance the special character of our community." The section also states that "we favor diversity tempered by context, sometimes historical, sometimes not, as opposed to azbitraziness. `Context' refers first to region, then town, neighborhood, and finally the natural and man made features joining a particulaz development site. Decisions regarding scale, massing, form, materials, texture, and color must be first measured by context. Contextual appropriateness transcends `style' alone" (Philosophy, pg 42). Staff believes the ideas put forward in the Application for a health and wellness facility are good goals, and that the site plan changes at Conceptual have moved the proposal in the direction of combining this goal with the proposed architecture. Further, Staff finds that the changes help ensure the development will "enhance the special character of our community." The Aspen Club site is unique, and this Application proposes a unique addition to the Club. Staff believes the changes to the site plan begin to reflect these opportunities. In terms of uses, the project does a good job of relating to the immediate context which is comprised of a vaziety of uses. In terms of massing, staff is concerned that there is too much mass on the site given its context of being on the urban/rural fringe. The elimination or relocation of units 5 and 6 would help better meet the Design Quality section of the AACP. Transportation: The AACP has a number of goals and policies related to Transportation, including a policy that new growth should be structured "on compact, mixed-use patterns that enable and support travel by foot, bicycle, and public transportation for all types of trips" (Policies, pg 22). Additionally, the Transportation Chapter includes goals to maintain and improve "the appeal of bicycling and walking...by adding sidewalk connections, replacing sidewalks, and requiring sidewalks as part of development approvals, where appropriate..." (Goal C, pg 22) and "the appeal of carpool or vanpooling for a wide vaziety of trip types" (Goal D, pg 22). The Transportation Chapter also includes a policy to "require all employment, school, social, recreation or other activities that generate demand for travel to mitigate traffic impacts through support of alternative transportation modes in proportion to trips generated." (Policies, pg 22) The applicant has worked with city staff to create a set of Transportation Demand Management (TDM) tools that focus on alternative forms of transportation, including cazsharing, vanpools, carpooling, biking, and walking. The applicant has also committed to installing a new sidewalk along Ute Avenue to make walking and biking safer and more viable. The TDM plan includes a commitment to continue use of the Cross Town Shuttle and the use of coordinated vans and shuttles for employees as well as visitors who stay at other hotels but want to use the Aspen Club. Coordinated pick up service at the airport is also proposed for the timeshare users. Staff believes that the TDM plan meets the goals and policies of the AACP related to Transportation. 2. The proposed subdivision shall be consistent with the character of existing land uses in the area. Exhibit F -Subdivision Review Criteria Page 3 of 6 Staff Finding The proposed development is consistent with the character of the area. The neighborhood consists of a variety of single-family and multi-family homes, as well as commercial, non- profit and lodging uses. The proposed affordable housing is consistent with the adjacent properties, which include a number of affordable housing projects. Additionally, adjacent parcels also include non-profit and commercial uses. Staff finds this criterion to be met. 3. The proposed subdivision shall not adversely affect the future development of surrounding areas. Stall Finding: Staff believes that this development will not adversely affect the future development of the azea. Most of the area is at or near build out, so there is not a great deal of future development opportunities. Staff finds this criterion to be met. 4. The proposed subdivision shall be in compliance with all applicable requirements of this Title. Sta!lFinding Through the review criteria outlined in the exhibits, staff believes the requirements of the code are met, although some minor changes are suggested. Overall, staff finds this criterion to be met. B. Suitability of Land for Subdivision a. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudfiow, rocks[ide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. Staff Finding: The Applicant has located all development outside the Roaring Fork River's mapped 100-year floodplain. The applicant conducted an avalanche study as part of the final application, which found the affordable housing units are in the "blue zone." According to the study, "blue zone" avalanches have a return period of 30 to 100 yeazs, or a 1% to 3% probability annually. The applicant and Engineering Department have agreed to have the mudflow risk to be evaluated by the Colorado Geologic Survey. Staff finds this criterion to be met at this time. b. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefftciencies, duplication or premature extension of public facilities and unnecessary public costs. Staff Finding Staff believes that the property is suitable for subdivision and development. There are existing public utilities and services (including transportation) in the azea. Any cost Exhibit F -Subdivision Review Criteria Page 4 of 6 associated with utility upgrades will be borne by the applicant. Staff finds this criterion to be met. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: I. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the community. 2. The applicant shall specify each design standard variation requested and provide justiftcation for each variation request, providing design recommendations by professional engineers as necessary. Staff Finding The Applicant has consented in the application to meet the applicable required improvements pursuant to Section 26.580. Staff finds this criterion to be met. D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staff Finding The applicant is providing 12 affordable housing units to mitigate the new timeshare lodge units. No mitigation is required for the Club remodel. Further, more affordable housing than is required is provided by this proposal. Staff finds this criterion to be met. E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. Sta((Finding The proposed subdivision is required to meet the School Land Dedication Standards pursuant to Land Use Code Section 26.630. The Applicant has proposed to pay cash-in-lieu of providing land. The Applicant has consented to paying the applicable school land dedication fee at the time of building permit issuance for development within the subdivision. Staff finds this criterion to be met. F., Growth Management Approval. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AH-PUD) without first obtaining growth management approvals if the newly created parcel(s) is required to obtain such growth management Exhibit F -Subdivision Review Criteria Page 5 of 6 approvals prior to development through a legal instrument acceptable to the City Attorney. (Ord. No. 44-2001, § 2) Staff Finding The application has requested the necessary growth management allocations for the proposed development. Staff finds this criterion to be met. Exhibit F -Subdivision Review Criteria Page 6 of 6 £xhibrf ~ HOLLAND & HART.. ~ Arthur C. Daily 7~a= adaily@hollandhart.com MEMORANDUM January 14, 2010 TO: Jessica Garrow, AICP Hand Delivered Long Range Planner City of Aspen Community Development Department 130 South Galena Street, Aspen, CO 81611 FROM: Art Daily RE: Aspen Club Jessica, Michael has given careful consideration to your email to him of January 12, 2010 regarding the "continuing Club operation" concerns that the City Council has raised in connection with the draft Ordinance that has recently been submitted to the Council. In direct response to those concerns, Michael is prepared to commit to the incorporation of the following language in the Ordinance as a condition to the approval of the Ordinance by Council, to wit: "The Subdivision/PUD/SPA Agreement shall contain language that ensures the following: (a) The Club Owner 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; (b) 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; and (c) 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 being 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, the foregoing representations shall be considered vacated as well." I'm also emailing a copy of this proposed language to John Worcester for review from the City Attorney perspective. MollanA & Hart LLV Attorneys at Law Phone (9]0) 925-3976 fax (970) 925-936] www.hollandhart.oom 600 East Main Street Suite 104 Aspen, Coloratlo 81611-1991 As Oen Bll lings Boise Baulaer Cheyenne COIOraEO Springs DQnVe( Denver Tech CeOler Jackson HOIe Las Vegas Gal[ Lake CIIy Santa Fe Washing[on, D.C. HOLLAND&HART.,. ~ January 14, zolo Page 2 If you have further comments or questions at this time, please don't hesitate to get in touch with me or with Michael or Sunny. I appreciate your continuing cooperation and assistance in this matter. cc: John Worcester, Esq., Aspen City Attorney (via emai-) 4703779_1 .DOC ~chibi-E- R~. MEMORANDUM TO: Jessica Garrow, Long Range Planner Aspen Community Development Department FROM: Sunny Vann, AICP RE: Aspen Club Living/Public Accessibility to Timeshare Units DATE: January 25, 2010 A concern was raised at the January 11, 2010 City Council meeting regarding the availability of the Aspen Club's fractional ownership units to the general public. While the Applicant's proposed Timeshare Use Plan is described in detail in Section S.C. of the Final PUD/SPA application, and summarized briefly in your January 11, 2010 City Council memorandum, this memorandum expands upon the proposed Use Plan's provisions for public access. The Timeshare Use Plan was designed in strict compliance with the applicable requirements of the Land Use Regulations, which requirements specifically provide for public access to nightly rentals. The requirements include the following mandatory operational practices, all of which have been incorporated in the proposed Use Plan. 1. Provision for walk-in rentals of the units on a nightly, split-week or weekly basis subject to availability; 2. The units must be listed at competitive rates in a central reservation system; 3. Fractional interest owners are required to reserve their use time sufficiently in advance to enable public access to units which are not reserved; 4. Units in the developer's inventory must be made available to the public while the timeshare interests are being sold; and 5. Fractional interest owners' occupancy of the units is limited to a maximum of 30 consecutive days. These requirements are in addition to the requirement that the Club provide a front desk with full-time registration and reservation services, including late check-in, which will accommo- date walk-in rentals. The Use Plan will guarantee each fractional interest owner a total of 4 weeks in a unit, 2 weeks in the Winter Season and 2 weeks in the Summer Season. Each season will consist of a 16 week period. Assuming every owner were to reserve and occupy all of their annual 4 week allocation, the 20 timeshare units would be occupied a total of 32 weeks or 224 days in 1 any given year by the owners. Under this scenario 141 days would remain for occupancy by the general pubic and/or by the owners pursuant to various provisions of the Use Plan. Owners will be required to reserve their guaranteed time within 30 days notification of its availability. In addition to their guaranteed Winter/Summer Season Weeks, owners may reserve a maximum of 2 Program Weeks during the Spring and/or Fall shoulder seasons. Only one week at a time may be reserved and reservations must be made within 14 days notification of availability. To increase public access, the 20 timeshare units' 20 lockout rooms are excluded from the Use Plan's Program Weeks. As a result, a minimum of 20 rooms will always be available for a minimum of 141 days per year for occupancy by the general public. 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Additional traffic studies may be prepared between now and submission for a building permit and baseline trip limits and the TDM Plan will be updated as necessary. BACKGROUND The goal of Aspen Club Living is to create both a safer Ute Avenue as well as limit any growth in traffic on Ute Avenue due to this project. To achieve these goals we have consulted with the City of Aspen Transportation staff and engaged TDA, Inc of Seattle and Denver, respected traffic engineers who have been used by the City of Aspen, to help us create a set of traffic safety & management tools. Baseline conditions have been established via high season traffic counts at key locations in the vicinity, including Ute Avenue and the Aspen Club entrance. The Club will have a designated Transportation Coordinator who will manage all TDM programs as a function of their job description. The Transportation Coordinator shall manage all TDM programs in perpetuity. 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: • Employees commuting to the Club • Employees living on-site in Aspen Club affordable housing • Club members • Club guests • Aspen Club Living owners Aspen Club TDM Plan Second Reading, Exhibit U Page 1 of 11 X a' CQ C Z Q J a rn c .~ J 3 U c d C. a ' O O ~ " N Y Y ~ a. ~ v c oc 0 0 E ~ ~ v a°i '~ ~ a ~ ~ E v a °c° n. a o o .E v c . c . .. 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O W U U ~ Z W W ~ .T U 0] U ~ U ti ti N °" ~ o ~ N Q W o°'u oq `~ ~ C o, U 'b cC N Q~i Q C O O Aspen Club Living -TDM Measure Detail FIXED ROUTE ASPEN CLUB SHUTTLE The Aspen Club will provide shuttle service to and from the Club at regularly scheduled intervals. These would augment the Cross Town Shuttle services, operating on a fixed route and schedule. Details a. Shuttle vehicles will be reduced emissions or zero-emission. b. Shuttle service will be free of charge for employees, members, owners and guests. c. Signs and other information identifying the routes and times will be posted at the Club, and, if permitted, at Rubey Park and other locations in town. d. The shuttle will be publicized in Club 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 ISth -the Close of the Ski Mountains.) These hours may be increased or decreased depending on actual demand experience, but will not be less 13 round trips daily operating at approximately the morning (8-9:30am), mid-day (12-1:30pm) and evening (4-6:OOpm) peak hours, on the half hour and the hour. b. During shoulder seasons and before 7 AM and after 9 PM, there will be scheduled service that at a minimum remain within those trip numbers outlined above unless agreed otherwise with the Transportation department. A reduced service schedule in the off- season may be appropriate. c. Without the minimum level of service in place described above, the Club will be required to contribute a fee equal to 13 trips per day to the operation of the Cross Town Shuttle. Aspen Club TDM Plan Second Reading, Exhibit U Page 3 of 11 d. Service to the airport will be provided separately from the scheduled in-town service in order to keep the in-town service on a fixed schedule. In addition, the airport service shall be provided on-demand only to avoid unnecessary trips. Phasing A complete shuttle plan detailing the Club shuttle route(s), schedule and stops must be approved by the City of Aspen Transportation Department no later six months prior to the issuance of a Certificate of Occupancy. This plan must meet the conditions discussed above. As an alternative to operating a fixed route service, the Aspen Club may contribute to the operation of the Cross Town Shuttle as discussed above. If this arrangement is selected, the Club's van service will operate on-demand only in order to minimize trips. If this arrangement is selected, a detailed on-demand shuttle plan must be approved by Transportation staff no later than six months prior to the issuance of a Certificate of Occupancy. ON-DEMAND ASPEN CLUB SHUTTLE The Aspen Club will provide an on-demand shuttle service to serve guests traveling to/from the airport and other areas not served by the fixed route service. Details a. Shuttle vehicles will be reduced emissions orzero-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. Aspen Club TDM Plan Second Reading, Exhibit U Page 4 of 11 BUS PASS SUBSIDY The Aspen Club will provide reduce priced bus passes for employees to use RFTA. The Club curzently subsidizes 50% of employee's bus passes. Subsidized bus passes will remain in place. Phasing This subsidy is curzently 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 The Aspen Club will organize carpools for employees who have to commute to the Aspen Club. Details a. First priority will be to match employees with other employee via the Club's Transportation Coordinator. b. Carpool matching will be discussed during new hire orientation. c. If no match is found in-house, the City of Aspen TOP program and carpool matching software will be used to search for external matches. Phasing This program must be approved by Transportation Department and in place no later than six months afer 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. Aspen Club TDM Plan Second Reading, Exhibit U Page 5 of I1 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 & 14W closest to the path to the Aspen Club. Details a. Carpool spaces will be designated with signage. b. Approved carpools will be provided with a tag or permit to allow access to preferential spaces. c. 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. Aspen Club TDM Plan Second Reading, Exhibit U Page 6 of 11 Phasing This program must be approved by Transportation Department and in place no later than six months afer the date of issuance of Certificate of Occupancy. Measure to remain in place in perpetuity unless approved for discontinuance by the Transportation Department. 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 afer 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. Aspen Club TDM Plan Second Reading, Exhibit U Page 7 of I1 MEMBER INCENTIVE PROGRAM The Aspen Club will create an incentive system for members who walk, ride their bikes or take either our shuttle or the Cross Town Shuttle to and from the Club. Details a. Information on this incentive system will be provided in membership materials. b. Members will have a punch card system to track their use of alternative transportation. c. Incentives will potentially consisting of gifr cards, prize drawings or end of season raffles for prizes and rewards Phasing Program must be in place no later than six months after the date of issuance of Certificate of Occupancy. Measure to remain in place in perpetuity unless approved for discontinuance by the Transportation Department. HOUSING PREFERENCE Preference for access to On-Site Affordable Housing would be given to employees who agree not to park a car at the Aspen Club. The Club will also develop move-in packets that will provide information on all alternative transportation programs provided in Aspen. Phasing Program to be in place before first tenants move in and to remain in place for future tenants. CAR RENTAL DISCOUNT Arrangements will be made with a local car rental company for discounted car rentals. Details a. The Club will arrange for discounted car rentals for our employees who live on-site as well as for Aspen Club Living owners. b. Trips will be charged at the negotiated discounted car rental rates. Aspen Club TDM Plan Second Reading, Exhibit U Page 8 of 11 BICYCLE FLEET Shared bicycles will be available for employees as well as tenants of employee housing and Aspen Club Living owners. Details a. A minimum of four bicycles will be available at program outset. b. Bicycles will be maintained by the Club's maintenance staff. c. A check out /check in system such as using electronic ID card will be implemented for use. d. The program may expand as needed based on usage. Phasing Program must be in place no later than six months after the date of issuance of Certificate of Occupancy. Program must be marketed to employees, with marketing measures to be provided to Transportation no later than six months after the date of issuance of Certificate of Occupancy. Measure to remain in place in perpetuity unless approved for discontinuance by the Transportation Department. CARSHARE PROGRAM A Carshare vehicle will be available, on-site, for employees living in affordable housing as well as for Aspen Club Living owners. Details a. Prior to opening of the project, the Aspen Club and Transportation Department will determine how to best structure this program, possibly using the services of CAR TO GO, or possibly being operated by the Aspen Club. b. Issues to be addressed include: i. Ownership of vehicle ii. Access to the vehicle iii. Payment of maintenance and operating costs Aspen Club TDM Plan Second Reading, Exhibit U Page 9 of 11 Phasing A complete plan for the implementation of an on-site carshaze program must be presented to and approved by the Transportation Department no later than six months prior to the issuance of a Certificate of Occupancy. This plan must include, at a minimum: 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: 1. Vehicle counts have been performed at Ute Avenue and at the Club and will continue twice a year during March and August for five years after the project receives a CO. Vehicle counts and surveys shall be undertaken in March and August annually in the same manner as the current TDA Report, using an Engineering/Transportation firm or using standard traffic counting devices. Report shall be provided to Transportation, Engineering and Environmental Health Departments by October I annually for five years after the project receives a CO. The report must indicate both daily and hourly traffic counts. Annual report shall also include status of required TDM program components. Non-compliance with required TDM components will be brought to City Council for discussion and action if needed. 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 appazent. 4. The Transportation Department may require interim check-ins as necessary. Aspen Club TDM Plan Second Reading, Exhibit U Page 10 of 11 CHANGES TO THE PLAN If the applicant chooses to update the traffic counts from the baseline in the current TDA study and those numbers are different than the current counts done by TDA (860 trips per day, 70 AM peak trips per day, and 99 PM peak trips per day), then the Applicant shall also be required to update the TDM Plan. This update must be conducted prior to submission for a building permit, and must be reviewed by the Transportation, Engineering, Environmental Health, and Community Development Departments for compliance with all approvals. Any changes to the TDM plan based on revised base line traffic counts must be reviewed and approved by the Transportation, Engineering, Environmental Health, and Community Development Departments. The update or this plan and its associated TDA traffic counts shall be submitted as part of the building permit application. FURTHER TOOLS Should monitoring show that the zero growth goal is exceeded at any time, the Aspen Club will be required to develop a plan for approval by the Transportation Department to include a variety of the following suggested TDM measures: • additional transit service via Club shuttle • additional contribution to the Cross Town Shuttle • additional restrictions on employee driving • additional rewards/incentives programs for employees and guests • flexible scheduling for employees to avoid peak hour congestion • scheduling of club activities to avoid peak hour congestion • more aggressive internal and external education • paid parking for employees and guests • other measures as approved by the Transportation Department Aspen Club TDM Plan Second Reading, Exhibit U Page 11 of 11 Exh~b`F V . Leahka i~erm tha Yu~cc, ATTORNEYS & COUNSELORS AT LAW Sherman & Howard L.l..c. Rober[ S. Hoover Office Number: (970) 925-6300 Ext. 223 E-mail rhoovera(2shermanhoward.com VIA HAND DELIVERY Hon. Mick Ireland, Mayor Aspen City Council 130 S. Galena Street Aspen, CO 81611 JEROME PROFESSIONAL BUILDMG 201 NORTH MILL STREET, SUITE 201 ASPEN, COLORADO 81611-1557 TELEPHONE: (970) 925-6300 FAX: (970)925-1181 OFFICES M; DENVER COLORADO SPRINGS~ASPEN~VAIL~ STEAMBOAT SPRMGS~PHOENIX~SCOTTSDALE~ RENO ~ LAS VEGAS ~ ST. LOUiS Over 115 Years aJservice and commitment to our clients February 1, 2010 RE: Ute Avenue Homeowners Opposition to 1450 Crystal Lake Road -Application for Final SPA, Final PUD, Final Timeshare, Multi-year Growth Management, Rezoning; and Subdivision Reviews Ordinance #2, Series of 2010 Dear Mr. Mayor and Members of City Council: I have been retained by several Ute -Avenue Homeowners in connection with their opposition to the Aspen Club's application for redevelopment. For the record, the group includes the following members: Gary Nathanson Linda Nathanson Sean Sebastian Clifton Morns Alan Chozen Paul Copaken Tom Coleman Dacel Coleman Stuart Lacher Kelly Lacher Andy Ross As council is aware, this is the second time this application has been submitted for final review. The Aspen Club's first application for redevelopment was withdrawn in February 2006 because it was apparent that there were not enough votes to approve its plan. ~^B;3: C2".T~^ '=rj00301429.DOCAI} The current application is a modification of the original application submitted to council in 2005. At that time, the application was for 13 townhomes and 6 additional condominium units. Now, the Club is asking for 14 townhomes and 6 condominium units, along with 12 affordable housing units and 41 additional parking spaces, (for a total of 132). In 2005 and 2006, the neighboring residents came out in force against the Club's application, and today they are again prepared to voice their opposition to the renewed application. The Aspen Club is a private athletic club with tennis courts, gym and workout facilities. The club is owned by a consortium of investors via a Delaware limited liability company. Mr. Michael Fox, who is the proponent of the Club's application, is a 35% (minority share) owner of the club, with the remaining ownership made up of predominantly non-resident investors. The Aspen Club sits at the end of Ute Avenue, approximately 6/10 of a mile from City Market. The property in question is in the Callahan Subdivision, which is zoned Rural Residential ("RR").' RR allows a recreational club as a conditional use, but does not permit lodge operations or employee housing/multifamily units. The property sits on both sides of the Roaring Fork River, and is bounded on the west by the historic Benedict Building and a park, on the east by the Silver Lining parcel, on the north by private residences and the Aspen Club condominiums. Along Ute Avenue, to the south of the Club property, are private residences and affordable housing. The neighborhood has a distinctly remote feeling from the rest of the city. From the Club's inception until 1996, the primary access was via Highway 82 and Crystal Lake Avenue. 1 n 1996, Dick Butera, the then owner of the Club, applied for and obtained a variance to allow access to the Club via Ute Avenue, and to sell off two lots on Crystal Lake Avenue to build private residences. (He didn'Yreceive the approval to sell the lots in 1996. Jessica says he got approval in 1984 for a lot split of lot 14 into 14E and 14W which were each allowed to have a home built on them. The ordinance was signed in January 1985.) During the 1996 proceedings, Mr. Butera argued to the City that if he did not gain the approvals he sought, the Club's future was in jeopardy. After receiving his approvals,. Mr. Butera promptly sold the Club to Mr. Fox and his investors. In the club's 2005-2006 application, the city heard many of the same justifications for approval that it is hearing today. The Club's owners are claiming that if they don't receive approval the Club's future is in jeopardy, and its members (and the City) might lose an important part of the recreational fabric of the town. The Club has done a very good job of having its members and other persons who to some extent depend on the Club's existence (employees, managers of hotels and condominiums in the commercial core, athletes and trainers who use the club, non profits given free rent) come before council to voice their support. For the record, the Ute Avenue neighbors opposed to the project have no personal animosity towards Mr. Fox or the Aspen Club. Over the years; Mr. Fox has become a valuable member of the Aspen Community, generously donating his time and money to various charities. - (His record doesn't indicate that he has tried to minimize traffic or enforce any of the ~ In 1976, prior to construction of the Club, the area was zoned R-6, or medium density residential. The zoning was changed for the construction of the Club because rural residential (RR) provided fora "recreational club" conditional use, but still retained many of the restrictions applicable to a residential area -further suggestion that the city intended to keep the area residential. {B939t429~39EN}L0030~29.DOC A I } guidelines imposed by the City in 1996 except for bus passes and a shuttle for awhile. He then paid into the cross town shuttle, but appazently, according to Jessica, is no longer doing so.) However, today, just like in 2005/2006, the Club's viability is not the issue. The City Council has before it a Land Use Application that will greatly alter the neighborhood in which the Club is located, and is totally inappropriate under the circumstances. The Club is a private, for-profit enterprise, for the benefit of its investors. It is not open to the general public, and offers few truly "public" benefits and amenities. Currently the public benefits appear to consist primazily of barbecues, fitness workshops and, since 2005, the hosting two not-for-profit offices. Mr. Fox has stated on the record that funds from the sale of the fractional timeshazes will be used to improve the Club in the following ways: a. The addition of employee housing (for Club employees only) b. A solaz voltaic system c. A geothermal system d. Anew outdoor pool and landscaping e. Updated HVAC systems £ Upgraded locker rooms g. New fitness, physical therapy and training equipment h. A spa upgrade i. New fitness areas j. A gym remodel k. New and improved workshops. It is respectfully submitted that items (a)-(e) would be expected to occur with new development, however the remainder of the items (f)-(k) would be expected in any high-end private fitness facility, and perhaps with the exception of new physical therapy equipment and new and improved workshops (presumably open to the public), all of the improvements are for the benefit of the Club's members. Allowing the Club to_turn itself into a luxury time-share spa is not consistent with Aspen's goals and long term policies for growth.. The rural, somewhat bucolic nature of our neighborhood will be changed forever. Traffic will increase considerably. The Club's profit will come at the expense of its neighbors, and will expand the "commercial" area of the town core well outside of its established boundaries in violation of the City's stated desire to "protect its long term residential neighborhoods...by limiting this-use to the city's lodge and selected commercial zone districts." (Land Use Code chapter 26.590). Should Council approve the application, it will be setting a precedent that the construction of a fractional lodge or hotel ~,~^,4^°.~-^~ ~-}{00301429DOCA li q outside of the CC, CL and L Zone Districts is permitted, ignoring the Aspen Area Community Plan and the City's Land Use Code provisions on Timeshares. Inconsistency and the City Standards of Review: City Council is the final review authority for the Club's Land-Use Approvals, including Final PUD, Final SPA, Subdivision, Rezoning, Multi-Year Growth Management Review, and Vesting. The Ute Avenue homeowners and other surrounding neighbors urge the council members to vote against the Club's application. The Club's application is not consistent with SPA Standards of Designation (26.440.030A), the Procedures for Review (26.440.040), the Standards of Review (26.440.050) and the general Standards of Review for Changes to the Zoning Map (26.310.040). Under the Land Use Code's Standard for Designation of an SPA, the City Council may designate any land in the City an SPA if, because of its unique historic, natural, physical or locational chazacteristics, ft would be of great public benefit to the City for that land to be allowed design flexibility and to be planned and developed comprehensively as a multiple use development. (emph. added) The use of the phrase "great public benefit to the City" in this section emphasizes the need for an overarching public benefit to be provided to the public in exchange for developing a property in an area that is zoned to prohibit a proposed development. The Club's application for redevelopment does not provide a great public benefit. The Club's application, along with its supporting materials, describes very simply that the club will offer programs available to the public, but little else. The Club will remain in private hands, and general access and use of the Club will be for its members, timeshare owners and their guests. Further, the Club itself azguably does not have any unique, historic, natural; physical or locational characteristics. If anything, the location of the club, more than a''/z mile from the city's core, would be a negative factor in the analysis, given the City's stated desire in the Aspen Area Community Plan that lodges be built in the core ("CC"), or "CL" or "L" Zone Districts and not residential neighborhoods. Under the General Standards of Review contained in 26.310.040, City Council must review the application for an SPA using the following factors: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses; considering existing land use and neighborhood chazacteristics. D. The effect of the proposed amendment on traffic generation and road safety. (-000352°~.^^~}{00301429 DOCAR E. Whether, and the extent to which, the proposed amendment would result in demands on public facilities and whether the extent to which the proposed amendment would exceed the capacity of such public facilities including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools and emergency medical facilities. F. Whether, and the extent to which, the proposed amendment would result in significantly adverse impacts on the natural environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. I. Whether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent of this Title. Further, under section 26.440.050 (Review standards for development in a Specially Planned Area (SPA)). City Council shall consider additional factors, and the burden is on the applicant to establish the general reasonableness and suitability of the proposed development and its conformity to the standards and procedures of this Chapter and Section. Since the application is now a final review of the development plan, a detailed evaluation of the specific aspects of the development must be accomplished: 1. Whether the proposed development is compatible with or enhances the mix of development in the immediate vicinity of the pazcel in terms of land use, density, height, bulk, architecture, landscaping and open space. 2. Whether sufficient public facilities and roads exist to service the proposed development. 3. Whether the parcel proposed for development is generally suitable for development, considering the slope, ground instability and the possibility of mudflow, rock falls, avalanche dangers and flood hazards. 4. Whether the proposed development creatively employs land planning techniques to preserve significant viewpoints, avoid adverse environmental impacts and provide open space, trails and similar amenities for the users of the project and the public at large. 5. Whether the proposed development is in compliance with the Aspen Area Comprehensive Plan. 6. Whether the proposed development will require the expenditure of access to public funds to provide public facilities for the parcel or the surrounding neighborhood. {B(139F4~?9-A96-~1-}(00301429.DOCA11 7. Whether proposed development on slopes in excess of twenty percent (20%) meet the slope reduction in density requirements of (26).445.040.B.2. 8. Whether there are sufficient GMQS allotments for the proposed development. The Club redevelopment application does not meet many of the factors contained in the General Review Standards: The application is not consistent with all elements of the Aspen Area Community Plan. The Club proposes to build a lodge property with 20 time shaze units in a predominantly residential neighborhood, and operate as a health club, spa and fractional ownership project. The General Review Standards and the SPA Review Standards mandate that the development be consistent with all elements of the Plan. The AACP's mandate is to promote mixed-use development, especially in the commercial core. The Club's location more than '/z mile from the core is inconsistent with that goal. The distance from the town core will add traffic to both Ute Avenue and Highway 82. The rural/residential character of the neighborhood, on the fringe of the Urban Growth Boundary, will be irrevocably changed. The development apolication is not consistent with the character and use of the surrounding_neiehborhood. The surrounding properties include multiple single family residential dwellings, the historic Benedict Building offices, and affordable housing. In the Staff Memo, reference is made to the Gant on Ute avenue, however the Gant is located almost''/z of a mile away downvalley from the Club towards the core, and is bounded by Original Street, and is therefore not a good comparison. While Staff takes the position that the applicant's proposed use is consistent with AACP and fits in with the neighborhood, it did so with reservations, recommending the removal of Units 5 and 6 from the p1an.ZDeveloping alodge project in the midst of a primarily residential area will lead to greater congestion and will change the chazacter of the neighborhood. The development will sienificantly increase traffic congestion on Ute Avenue, which is not designed for the number of car trips that will result. The Club's TDM gives lip service to alternative modes of transport to and from the Club. The simple fact is that the Club will be expanding, requiring additional service vehicles, employee vehicles and member/guest vehicles, all of which are intended to be routed down Ute Avenue. Since the Lodge component of the Club is essentially operating as a hotel, many service and delivery trucks will be transiting Ute Avenue in the early morning hours, creating noise and congestion. Many of the homes on Ute Avenue, including the affordable housing units, will bear the brunt of this increased traffic, while the new units and club will be relatively insulated from it. • Imnacts on Community Character, infrastructure, and natural conditions. The proposed development will have a direct and negative impact on the neighborhood, and therefore the Community Character. Building a 20-unit fractional lodge with 12 new affordable housing units in the middle of a predominantly residential area will change the z January 11, 2010 Staffmemorandum; mmm non nnr ~ , i ~~3oiaz9noc } neighborhood. Lights, activity and traffic will all increase. This will have a corresponding effect on the City's infrastructure, including sewage, water, electric and streets. Since the project will be constructed along the banks of the Roaring Fork River, some impact on the stream is bound to occur. The Club redevelopment application does not meet many of the factors contained in the SPA Review Standards: The Club redevelopment is not compatible with and does not enhance the mix of development in the immediate vicinity of the parcel in terms of land use, density, height, bulk, architecture, landscaping and open space. As noted above, the Club is located in a neighborhood that has a rural feel to it, with space between structures, and a lower density. The re-development will add significant density and larger structures, which is a significant change to the surrounding parcels. Since the Club is private, it adds no open space to the city. The Club is proposing that Ute Avenue be the primary ingress/egress route. Ute Avenue is not capable of handling the increased traffic, especially in a heavy winter. The Club has indicated that it will make efforts to utilize shuttle service and alternative means of transportation, however the impact on Ute Avenue will be great regardless of their intention. • The planned development does make use of creative land planning techniques to preserve significant view points and avoid adverse environmental impacts, However since the club is private, there is no substantial improvement or addition of any amenities for the public. The Club redevelopment is inconsistent with the statement of intent and purpose to maintain community character in the City's timeshare ordinance, 26.590.010, "The Ciry also intends to provide protection for its long term residential neighborhoods, to ensure the impacts of timeshare development do not adversely affect the character of these residential areas, by limiting this use to the City's Lodge and selected Commercial Zone Districts." As noted above, the impact on the Ute Avenue neighborhood of this project cannot be understated. The Club redevelopment will add population density, bulk, height and traffic congestion to a residential neighborhood far out of proportion to what exists today. Throughout the Land Use application process, continuing to the present day, members of Planning and Zoning and City Council have expressed reservations about the Club's proposed expansion. All of our public servants have expressed concern over traffic, existence of public benefits (What, exactly, are the public benefits?) and the permanency of those benefits. Contrary to its position in 2005-2006, Staff has recommended approval, with the proviso that City Council eliminate two of the planned units, and take a very close look at the traffic to be generated if the project is built. As concerned neighbors opposed to the project, The Ute Avenue Homeowners believe that this is simply areal-estate deal and nothing else. The owner/investor group that owns the Club wants to build a fractional timeshare spa/lodge in the middle of their neighborhood, and is offering little, if any true great public benef t to the City in return. What the neighbors will receive will be increased traffic, congestion, noise and activity in what has traditionally been a quiet part of town. Both the Staff Memo and the Club's supporting materials are vague as to what the public benefits being offered consist of, and most importantly, the Club appears unable to guarantee that those public benefits will exist in perpetuity. On Page 9 of 16 in the Staff Memo, the Club program is described as being designed "to create an integrated healthy-living community in which the fractional owners, Club members, and the general public can participate." The memo then describes 6 key concepts, none of which describes in any detail a public benefit. Construction of employee housing to house the Club's employees should not be considered a public benefit.3 The City is likely not in a position to legally mandate and/or enforce a private enterprise to provide public benefits as a part of a land-use approval, and ultimately, even the Club owners cannot guarantee that they will own the Club forever. In summary, the Aspen Club's application to construct time-share units is inappropriate for the neighborhood, is inconsistent with the City's land use code, and will bring increased density, mass and bulk, and traffic congestion to what is an otherwise quiet residential neighborhood. The Club has yet to specifically identify a significant public benefit to warrant the granting of an SPA, and is asking the City to build timeshares in a neighborhood that the City has designated a residential neighborhood. Sincerely, ~_ ~~ Robert S. Hoov ~ ' Currently the Club does not house any of its employees. If built, the Club proposes to house 27 or 28 employees, or slightly more than 10% of its currently estimated 250 employees. {8930-}429-y9F-~+}{00301429.DOCAR Clifton & Sheridan Morris 1275 Ute Avenue Aspen, CO 81611 January 31, 2010 RE: Aspen Club Development Dear Mayor Ireland and other Council members, I am writing you to urge you and the rest of the City Council to vote no on development plans for the expansion of the Aspen Club. The idea that there would be a "time share/hotel" on our rural residential street is unconscionable. There are many of us who live in the Aspen Club neighborhood who treasure the life style. We built or purchased our homes because this area is zoned rural residential and wouldn't ever be compromised by commercial development. We do not have the advantages that the club has to organize the community to defeat this proposal. But we all are part of the community; we pay taxes, we support all of the infrastructure, the stores, restaurants, and the philanthropies. We really want to preserve the nature of the neighborhood. Please vote NO. Michael Fox is a good man, and he has certainly ingratiated himself and the club to the community, since his original proposal to expand the club to a multi-unit residential project was turned down by the previous City Council. He knew what the zoning was before he purchased the property. It is not the job of the Council to assure that he and his investors make a profit. Also, should he be granted approval, there is no guarantee that he wouldn't sell the project and that the Club would continue to operate. Therefore, it would cease to be a benefit to the community. In fact, he has told many people, including employees, and members that he will close the Club if he does not get the re-zoning. After reviewing the Clubs recent TDM plan to mitigate the traffic, we find it to be very optimistic and unrealistic. There is no way to guarantee that the residents and members would comply with these ambitious proposals. All, including the time share/hotel, would suffer. The Ute Avenue neighborhood is quiet rural residential neighborhood, please keep it that way and vote no on the proposal. Sincerely, Clifton & Sheridan Morris Linda & Gary Nathanson 1271 Ute Avenue Aspen, CO 81611 January 30, 2010 Re: The Aspen Club's Request for re-zoning and request for a designation of a "Specifically Planned Area" and PUD Dear Mayor Ireland: I am writing to you to ask your grave and serious consideration regarding the Aspen Club's development. My husband and I built our home on Ute Ave in 1996, as our primary residence. We have opposed this project since Michael Fox presented it the first time. Virtually nothing of substance has changed since then. We have long enjoyed membership in the Aspen Club. I believe Michael Fox is a fine and generous person and he and Sunny Vann are doing one heck of a job selling this project to the community. But I do believe that the proposal is a real estate deal, not some idealistic healthy living center as he proposes. If you approve this project, you will be changing the basic character of the neighborhood substantially. Forever. Fractional shares that can be used as hotel facilities do not belong in this neighborhood. This is a huge impact, both to the homeowners around the club and to all the residents on Ute. Many people have been told that Michael will close the club if he does not get the re-zoning. It is this kind of pressure as well as offering free passes and memberships to realtors and others in exchange for their support on the project that is unacceptable. He knew what the zoning was when he and his investors purchased the club. It is not the obligation of the Council to make the Aspen Club a more profitable venture. Also, there is no guarantee that he will not turn around and sell the club, as Dick Butera did, as soon as he gets his approvals The Aspen Club has requested a SPA designation not because of any unique characteristics, but because the Club's profitability will be improved by the construction of 20 lodge units and the sale of possibly dozens of fractional units. The Club argues that it makes a unique contribution to the community through its philanthropic efforts, providing physical therapy and supporting school activities. They are not relevant to the test set forth in the Code. The Aspen Club argues that they provide a great public benefit by providing "hotbeds", twelve affordable housing units, and the preservation of the club as a community resource. The Aspen Club is a private, membership-only club. It does not directly benefit the community as a whole. Most of the Club's amenities (work-out, physical therapy, spa activities) are currently offered by competitors of the Aspen Club. The Club has asked for SPA designation for one purpose only-- to gain approval for hotel and multi-family affordable housing use on its property. Lastly, I understand that the issue of traffic is not one of your criteria in your decision. However, I urge you to imagine what the effect on the neighborhood will be if this project is approved. Ute Ave., which was never supposed to be the main entrance, will be impacted by countless construction vehicles, dozens of the new homeowners, their guests, many additional service vehicles. And by the way, since this so-called "holistic destination club" doesn't actually provide a true restaurant or dining hall, all these folks will be heading out for their meals. This is also a "pedestrian corridor" with many hikers, skiers, and other recreational users year-round. With snow even in a normal year, Ute is practically cone-lane road in the winter. None of the proposals offered by the Aspen Club to mitigate the additional traffic with electric shuttles or parking meters are practical or enforceable, especially if they sell the club. There are many of us who live in the Aspen Club neighborhood who treasure the life style. We do not have the communication advantages the club has to organize and "drum" together to defeat this proposal. But we all are part of the community; we pay taxes, we support all of the infrastructure, the stores, restaurants, the philanthropies. We really want to preserve the nature of the neighborhood. Please vote NO. Sincerely, Linda Nathanson Gary Nathanson STUART AND KELLY LASHER 1419 Crystal Lake Road Aspen, Colorado 81611 Phone (970) 544-4575 January 29, 2010 Re: Aspen Club Project 1450 Crystal Lake Road PUD Review Dear Members of the Aspen City Council: We have been visiting Aspen since 1996 and in February 2002, we purchased a home in the Aspen Club. Since we purchased our home, we spend approximately 5 months a year in Aspen; 3 %: months in the summer and 1-'h months in the winter. Our home is located on the river at 1419 Crystal Lake Road. We purchased our home, which is a stone's throw away from the Aspen club based on the fact that the property was zoned a rural residential area. We adamantly opposed this project when Michael Fox presented the original proposal in November 2005 and we continue to oppose his most recent proposal. I would like to categorize my opposition into four distinct categories I. Leval (I have paraphrased the following from a letter written by Michael Hoffman to the City Council dated November 9, 2005) The fractionalized townhouses requested by the developer are actually a hotel, which is not permitted in the Callahan subdivision. The neighborhood is zoned rural residential. The developer plans on selling 32 weeks of time-share units and utilizing the remaining 20 weeks or 140 days for nightly rentals. In order to change the use of the property, the developer has asked for the city to designate its parcel a "Specifically Planned Area" or "SPA". The SPA provision of the Code allows the City to vary the land use regulations under special circumstances if a "great public benefit to the City" will be achieved. Neither the required special circumstances nor a great public benefit exists in the proposed application. According to the Code, no land may be designated as an SPA unless a. The land has unique historic, natural, physical or location characteristics. b. Those unique characteristics are the basis of the designation c. The City will receive great public benefit. Response to each requirement a. Lot 15 is not historic and its physical and natural chazacteristics, as currently utilized and as proposed by the club, are not unique. Its location on the periphery of the City is not unique. b. The Aspen club has requested a SPA designation not because of any unique characteristics, but because the Clubs profitability will be improved by the construction of 19 lodge units and the sale of more than 300 fractional units. The Club azgues that it makes a unique contribution to the community through is philanthropic efforts, providing physical therapy and supporting school activities. They are not relevant to the test set forth in the code. c. The Aspen Club argues that they provide a great public benefit by providing "hotbeds", twelve affordable housing units, and the preservation of the club as a community resource. The Aspen Club is a private, membership only club. It does not directly benefit the community as a whole. Most of the Club's amenities (work-out facility, physical therapy, and spa activities) are currently offered by competitors of the Aspen Club. d. The Club has asked for SPA designation for one purpose only - to gain approval for hotel and multi-family affordable housing use on its property. Does the city of Aspen really need more fractional units and hotel rooms, especially outside the core business district? II. Feasibility of Healthy Living Proposal The Club has proposed that this project will create an integrated healthy living community that the fractional owners, club members and the general public can participate in. They compare this project to the likes of the Canyon Ranch. I am Chairman of Lifestyle Family Fitness, a chain of 57 fitness centers located in Florida, North Carolina, Ohio and Indiana. Our fitness clubs average 35,000 squaze feet and serve more than 200,000 members. I have a keen grasp of what it takes to operate a first-class fitness center and I have some grave concerns about the feasibility of the Club's healthy living proposal. At the most recent Planning Commission meeting, Michael stated that the revenue at the Club had increased 25% from the prior year. Based on this statement, I would assume that the club is currently profitable. Michael continues to insinuate to its members, employees and the community that if this project is not approved, he will close the Club. When Michael was asked how many employees he had, he stated more than 250 W-2's. That indicates how many employees he paid during 2007. The real question is how many current FTEs does he employ? (FTEs =full-time equivalents he employs- i.e. total hours worked per week divided by 40, which is considered the number offull-time employees). My guess is that he employs less than 50 FTEs. A large number of his employees are part-time employees. It is not the obligation of the City Council to help make the Aspen Club a more profitable venture for its investors. I believe that if the Club would have been operated more effectively over the past 7 years, they would not have lost market share to their competitors (St. Regis, Aspen Health Club, ARC, Maroon Creek, local physical therapists, etc.). I believe they have lost market share because of the following reasons: a. Management Experience -Michael Fox has owned the club for more than 7 years, but he was essentially an absentee owner for the first 5 years. After the City Council rejected the Aspen Club's previous application, Michael and his family moved to Aspen to operate the club and position himself in the community for a second application. Michael has no previous experience in running a health club facility. b. Facility -The current management team has invested too meager an amount of its financial resources to upgrade the equipment. According to IHRSA (Industry Association) afirst-class fitness operator invests approximately 5% of revenues each year on upgrading its equipment. The Aspen Club's equipment is outdated. Afer all these years they are finally willing to upgrade the facility, only if they have the opportunity to make $77 million on their real estate. c. Programming -Every health club operator must continue to upgrade their group fitness programs in order to attract and retain members. Last year, the Aspen Club finally contracted with Les Mills (distributor of body pump, body flow, body combat, etc.) to offer new group fitness classes. Unfortunately, prior to offering these new programs, the Aspen Club lost group fitness members to competing facilities (i.e. 02 Aspen). d. Employee Turnover -The most important asset of every service business are its employees. The Aspen club has lost some great employees in the areas of personal training, spa services and physical therapy. I do not question whether Michael can sell the fractional units, but I do question, the feasibility of this healthy living project for the following reasons: a. Management has no experience in running this type of business. b. Healthy Living Profile - Since, I am very involved in the fitness and health and wellness industry, I have visited Canyon Ranch, Cal-A-Vie and the Golden Door. What Michael is proposing is not consistent with any of these operations. I would like to paraphrase former Mayor Helen Klanderud's comment at the City Council meeting when she stated "The concept for the design of a holistic destination club (i.e. Golden Door) was inconsistent with a true destination club because the units are too large and the project lacked a true restaurant or major dining hall. The cafe would not suffice for the customer of a true destination facility". City Council Member Jack Johnson expressed the same concerns. "The Aspen Club's new concept for a holistic destination club (i.e. Canyon Ranch) is totally inconsistent with today's destination club. The units are too large (destination clubs have sma11500 squaze feet rooms) and the project lacks a major dining facility with a chef that focuses on nutrition and healthy eating." Most healthy living facilities are located in remote areas, which allow the customers to spend all of their time at the destination club. The guests of the Aspen club will have to drive or walk to town to eat all of their meals. c. Benchmark -Has the Aspen Club provided an example of where this type of project has worked? I believe that this project's core is a real estate development. I am a CPA by background, so I have taken the liberty of estimating the potential profit for the Aspen Club if this project is approved. See Exhibit A. As you can see on Exhibit A, based on the information in the Aspen Club's application for the number of units, timeshare interests and the low and high selling prices, the Aspen Club's potential profit on this real estate project could be as low as $18 million and as high as $77 million. Of course, I do not have the estimated costs of construction, but I have been conservative and estimated that total construction costs for the entire project will be $41,250,000. How much of this profit is going to be reinvested in the club and the community? If God forbid this project is approved, what is to stop Michael Fox from selling this design and taking the money and moving out of town? Or what is to stop Michael from closing the club afrer he makes the windfall profit on the sale of the fractional units? When Michael Fox and his investors purchased the club, they knew that the property was zoned rural residential and that would prohibit them from developing the property. Why should the property be rezoned to allow Michael and his investors to make a windfall profit at the detriment of other property owners? III. Protection of the Neiehborhood As mentioned above, this area is designated a rural neighborhood. Protecting the neighborhood encompasses traffic on Ute Avenue; construction of a hotel on the Club's tennis courts will change the character of the land, which is now tennis courts and landscaping. Altering this park- like setting to an intensely utilized hotel operation will reduce the privacy of the owners of homes across the river from the Project. Furthermore, the thought of having more than 100 additional residents/guests (19 units with 4 people each and 25 affordable housing residents) within less than 100 yards of my backyard is depressing. These guests/residents will not only be driving up and down Ute Avenue, but they will be walking home from town afrer late night dinners and partying. This will add to the noise in this quiet neighborhood. Moreover, the construction of this project will take more than 3 years and will add traffic and disruption to Ute Avenue and Crystal Lake Road. IV. Disruption to my Property I purchased my property in February 2002 based on the zoning of rural residential. The City Council in 2002 was very consistent in the message that they sent to the Aspen Club and future developers. When a buyer purchases a property they can rest assured that the current zoning will protect the homeowner, unless there is an overriding public benefit to change the zoning. I have spoken with a number of real estate agents and they unanimously agree that the value of my home would decline significantly (20-25%) if the Aspen Club project were approved. They stated the following reasons: 1. The fractional units/hotel will change the residential feel of the home. 2. The noise from the fractional units hotel guests would prohibit the use of the backyard area (Increase use of the river?) 3. The view from my decks and backyards would be obstructed because of the height of the project. 4. The privacy from my decks would be eliminated. All of the balconies for the fractional units/hotels face the river and my backyard. The development of these units will force my wife and me to keep our drapes and shades closed so visitors can't look in through our windows. Over the past year, Michael has conspicuously increased his philanthropic efforts and during the Planning and Zoning meetings, he emphasized that the Aspen Club supports many local charities. I applaud Michael for his philanthropic efforts, but I believe that they do not demonstrate an overriding public benefit. The Aspen club provides free memberships to athletes, which is no real cost to the club. If the Aspen Club were to close these athletes would probably work out at the Aspen Recreation Center ("ARC"). Secondly, the Aspen Club provides limited space (less than 250 square feet) to the Susan G. Komen Race for the Cure, but there is a major benefit to the Aspen Club because all entrants pick up their information packets at the Aspen Club. This allows the Aspen Club to have an opportunity to sell these participants' fitness memberships and spa services. Finally, I agree that the physical therapy department at the Aspen Club is a great service, but there are many other excellent providers of physical therapy in the Aspen community.. If the Aspen Club were to close, their physical therapists would find jobs with other therapists and the clients would seek out one of the many Physical Therapy facilities in the Aspen area including the Aspen Valley Hospital, Aspen Hospital Physical Therapy on Hyman and the Meadows Physical Therapy to name a few. The yellow pages have more than ] 0 physical therapy centers. I operate fitness centers in more than 15 cities in the Southeast and the Midwest and we believe that the community is one of our top three constituents (employees, members and then community). In each of the communities we operate, we offer free memberships to the fire departments, police departments, and discounts to military personnel. In addition, we offer free teen memberships in the summer to fight the teen obesity crisis. We contribute time, money and resources in each community that we operate, but we don't do so, so we can ask for special treatment (building variances, sign variances, etc.) from the local community. During the Planning Commission meeting on Tuesday March 4, 2008, there was a statement made that I spend 6 weeks a year in Aspen and that I am not involved in the Aspen community (implying that my concerns about the project are of little importance.) I would like to state for the record that my wife and I spend 5 months a year in Aspen and both of us are extremely involved in the Aspen community. I serve on the Executive Committee and Finance Committee Chairman for Jazz Aspen Snowmass, we are members of the National Council for the Buddy Program and my wife and I contributed more than $200,000 to Aspen Charities in 2007. I know it is not easy to tell a room full of employee's that their boss's request is not in the greater good's interest, but I am confident that the City Council will do the right thing and oppose the proposed application based on the facts. If you would like to discuss this matter further, please contact me directly at the cell phone number listed below. Stuart G. Lasher Kelly Lasher Cell 813-817-5385 a n y m~ a m m ti Winn p ~~+T ~ ^ v o - O q m m o N a o ~ o m m o n a _ H ~ ] 3 3 w .. a ~ a a m ~ ~ o a o b w n ~ `° o to ~ o 0 3 0 v n ? , o n ' ~ ~ ~ N , ,. a o 0 n 0 - ] o m ~ m n F ° o m m ~ Q m O 3 ~ m ~ ~ o m 3 m o T ' 3 0 ~ 0 0 o ] p ^ 3 ] N b N N ~ N ~ y N b f ~ o UI 14 0 a N ^ m x v v N ] n 3 r n 'o G ~ o 0 3 ^ b j N J O ~ ] O N n ~ A N r N to V In O In V~ O ~ O O O O O O O O O O P W A O b f1 ~ A O b D• O ] O O !1 o \ < U 4• A 4 N ~ A A ^ 6b N O A A O~ W A b ] ~• w .~ y .- N ~n o q O O N O ~ O O O O O O N N A D tlf +P N b ] N N i+ < ] N W O A O~ W ] b m O O O o o _ b O O O O O 00 O m O N W A O O O O O O O O O O N M M M W a O A A ~ N 0 0? O~ O O O O O O O O O O O O O O O M w w w w Y W M P ~D N N N 0 00 A to 0 00 O O o O O O O O O O O O O O O O M M tli iP A ~' N OJ ~ 0 N W w N O OOJ N to 0 00 O O O O O O i O 0 00 O O O O O O O O O O O :~ !.o N f A F f0 1 1 ~~ ~3 i R 0 f v n 3 ^ O n b J O f O W_ 9 O 3 ~ 6q 6 N b S ~ ~ m M ~ N ~ 4Oi1~ ~ D ~ A a~ ~ Q OJ y O 01 d O 1 a3 H D) 3 O 02/01/2010 09:98 IFAX dstormCCOmcast.net -~ Jim DeFrancia f~j 001/001 Cynthia J. De Fraacia 17 Ute Place Aspen, CO 81611 City Council City of Aspen Aspen CO 81611 )ZE: Aspen Club Application Gentlemen: January 29, 2010 I am a registered voter and full time resident of the City. Please note my OPPOSITION to the cited application, which seeks development authorization for an increased commercial use. As a resident of the east end neighborhood impacted, I earnestly ask that you consider the UNDERLYING LAND USE ZONING for the Aspen Club property, which is residential. The Club exists effectively as a grandfathered use. An expansion of that use is flagrantly contradictory to land use policy. Moreover, the proposed use is entirely contradictory to the overwhelmingly residential chazacter of this neighborhood azea. You are reminded that this matter is about sensible LAND USE - it is not about whether we "save the Club" or the jobs of its employees. As a LAND USE question it should be neazly self evident that the proposed development is totally inappropriate to this azea of the City. Yours truly, ,''/ ~ ~ c1~ i- Cynthia J. DeFrancia 01/31/2018 12:07 3104591120 ALLEN CHOZEN PAGE 01/01 January 29, 2010 To the Members of the Aspen City Council: Mayor Mick Ireland, Councilman, Steve Skadmn, Councilman Derek Johnson, and Councilman Dwayne Romero, As residcnts of 977 Ute Avenue for the past eleven ycars, we would like to express our strong disapproval of the proposal for the future development of the Aspen Club and Spa Ever since the decision was madc by City Council scvcral years ago to approve construction of a parking lot for the Aspen Club off of Ute Avenue, we have scan the traffic on our corridor become constant, worrisome, noisy, and dangerous. What was once a quiet residential street has become a major access route to a busy enterprise. That decision had been made by Council despite vigorous neighborhood protest and without regard for the residents along Ute Avenue and Ute place. It is our genuine belief and cause for real wncem that, if you grant approval for this proposed Aspen Club and Spa development project, it will create irreparable damage to the character and safety of our street and neighborhood, by increasing traffic even further. ~~ Jill Chozrn and All Chozen 971 Ute Avenue Aspen, CO 81617 Mayor and City Council City of Aspen February 1, 2010 RE: 1450 Crystal Lake Road -Aspen Club Expansion Dear Mr. Mayor and Members of the City Council, My name is Tom Reagan and I live at 125 Stillwater Lane. I am writing this fetter to express my deep concerns about the Aspen Club's expansion plans. The Aspen Cub already suffers from overcrowded parking at both lots (14A and 15) particularly during peak periods, contributes to significant traffic congestion on Ute Avenue and detracts from the rural character of the entire neighborhood. Ute Avenue is a 3,000 foot long cul-de-sac that was never intended to handle large amounts of traffic or parking. The original approvals for the Aspen Club required all access come from Highway 82 and all parking be limited to lot 14A in order to protect the rural nature along Ute Avenue. When parking and access were subsequently allowed from Ute Avenue in 1996 (exclusively for therapy patients}, the mitigation requirements imposed on the Aspen Club were not genuinely adhered to, monitored or truly enforced. This is the inevitable result of all such loose mitigation arrangements. Therefore, such arrangements should not be relied upon going forward. Now, the Aspen Club proposes to construct 20 timeshare units, 17 affordable housing units and add 41 net additional parking spaces. If every one of the additional units had only one vehicle, there would be just enough parking spaces to accommodate that need. However, every study shows that a more realistic number is 1.5 parking spots per unit. Arguably, the expansion would require something more like 62 parking spot thus compounding the already overcrowded parking situation with the Health Club. If people have not been using public transportation since 1996, there is no reason to believe they will start now. Increased traffic and overflow parking problems will only get worse. The justification for the expansion is to preserve the financial viability of the Aspen Club. The tax payers already have the ARC to fulfill this public benefit -and it works quite well. The members of the Aspen Club should pay for any needed improvements and services through increased fees just as every other for-profit private club does. Moreover, almost every project undertaken in the Aspen area over that last several years that required a significant fractional/timeshare element to achieve profitability faces significant financial distress (Little Nell Residences, Dancing Bear, Lime Light, Lift lA, most of Snowmass Base Village just to name a few). This "justification" is completely flawed. For these reasons, I respectfully ask you to reject the application. Since y, G ~.-- Thomas P. Reagan