HomeMy WebLinkAboutagenda.council.regular.20100222CITY COUNCIL AGENDA
February 22, 2010
5:00 P.M.
Call to Order
II. Roll Call
III. Scheduled Public Appearances
a) Proclamation - IPC 2010 Alpine World Cup Finals
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) Minutes -February 8, 2010
P.1 b) Resolution #16, 2010 -Contract to Sell Real Estate - 104 W. Cooper
VII. First Reading of Ordinances
P.27 a) Ordinance #5, 2010 -Code Amendment Wildlife Protection P.H. 2/22
P.35 b) Ordinance #6, 2010 -Code Amendment -Affordable Housing Credits P.H. 3/22
VIII. Public Hearings
P.93 a) Aspen Jewish Community Center -Request for Fee Waiver
P.103 b) Resolution #17, 2010 -Aspen Jewish Community Center -Extension of Vested
Rights
P.111 c) Ordinance #2, 2010 -Aspen Club SPA
IX. Action Items
X. Adjournment
Next Regular Meeting March 8. 2010
COUNCIL'S ADOPTED GUIDELINES
/ Stick to top priorities
/ Foster a safe, suppprtive, innovative work environment that encourages creativity and acceptable
risk-taking
/ Create structure and allow adequate time & resources for citizen processes
COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M.
7~I20C(~.4Mfl TION
Citr~, o f,4sper~, Colorado
lvi corpcrated 1881
whereas, challeH.ge/+spew which v~cakes possibilities favpeaple with disabilities, is proud to host
the lhterviatiovial Paralrwccpic Corcrvuittee2oso world cup FiHals, web. 28-Mav s at gutterr~cilk
MOUV~taiH,~
Whereas, this e/ertit will brivi,~ the world's best adapti/e alpirtie ski racers, frovu 18 cauH,tries, as
well as their coaches awdsupportsta ff, sorue 20o people iw all, to the Roarirtiy fork valler~;
whereas, challev~ge~+spew s world Cup athletes are coached b~ KeuiwJardirtie, ~ohwJohwo °
McBride awdJorurthaw Mika,
whereas, vuaH r~ a f these skiers will go ow to corupete at the 2010 Aaralrwicpic Wirtiter cavues iu
uar~,couuer,~
whereas, the Gitt~, o f,4spew is proud to support these Ghaller~gefFspew Gavupetitiaw rearcc athletes:
sit-shiers Heath Galhouw ahd Laurie stepherrs, ahd uisuallt~, irmcpaired sl2i racers Caitlivi
sarubbi, Holidaeswa~n aHa'Mark Bathurmy~
whereas, retired sta ffsyt. Heath Calhouw is the ~rst /eteraw fror~r the lraq/f+ fghawistaw cow flict
to be a part o f the u. s. ,fidapti/e fllpiwe reavcc;
Now, there fore be it proclairaaed that the Ma~ov, city couv~cil aH,d the citizevis o fftspew herebr~
proclairmr ~ebvuan~ 28--March 6 as
i~c world cup ~iwpW'?aral~wtpic W/wtcr eavKrs Celcbrat%ow wcelz
.fittest
Bra ardeva{the Gita~ Couv~eil
Kathrwo s KocG, Gitt~. clerk
2.z^~ da~u of ~ebvuav~, 2oio.
Michael e. lrelahd, Maur
VI b
Tee Gn or AseeN
MEMORANDUM
TO: Mayor and City Council
FROM: Scott Miller, Capital Asset Director
THRU: Steve Barwick, City Manager
DATE OF MEMO: February 16, 2010
MEETING DATE: February 22, 2010
RE: Sale of 104 W. Cooper, Unit #5
REQUEST OF COUNCIL: Staff recommends that City Council authorize the sale of 104 W.
Cooper, Unit # 5 per the attached Contract to Buy and Sell Real Estate dated February 10, 2010.
PREVIOUS COUNCIL ACTION: On July 17, 2009, Council passed Ordinance #17 (Series
2009) amending the Aspen/Pitkin County Employee Housing Guidelines, permitting APCHA to
determine if adeed-restricted unit located in a condominium or subdivision which also includes
free-market units, has been rendered unaffordable as a result of general or special assessments.
Such a unit would then be eligible to be purchased, the deed restriction removed and sold into the
free market, with the proceeds being deposited into the appropriate housing development fund.
On September ] 4, 2009, Council directed staff to purchase unit #5 at 104 W. Cooper and pay any
outstanding Home Owners Association assessments. On November 12, 2009 Council directed
staff to sell the unit in "as-is" condition for the estimated value of $567,731. A listing contract
was executed at that time for the asking price of $599,000.
BACKGROUND: This unit was built as afree-market unit in 1972, then deed-restricted as an
affordable housing unit in 1991. This unit is the only affordable, deed restricted unit out of six
units at 104 W. Cooper. The Home Owners Association for this building decided to undergo a
capital improvement project, updating the building's exterior fagade, expand the building
footprint, and improve the mechanical and electrical systems. Doing so requires almost total
renovation of the interior of all six units. This renovation is currently underway, requiring
payment of a special assessment of $165,000 for renovation of the common elements of this
building. When this project is complete, unit #5 will be in a partially gutted condition, requiring
redesign and reconstruction of the entire unit.
DISCUSSION: A Contract for the sale of 104 W. Cooper, Unit #5 has been presented to the
City Manager and accepted contingent on approval by City Council. The agreed upon price of
$599,000 is the same as the city's asking price for the property. Staff requests that City Council
approve this contract so that a closing date can be set and the sale completed.
Page 1 of 2
FINANCIALBUDGET IMPACTS: The cost of purchasing this unit was paid from the 150
Housing Development Fund in calendar yeaz 2009. The revenue from the sale of the unit,
$599,000, will be received by the 150 Housing Development Fund, with the net proceeds from
the sale benefitting the 150 Housing Development Fund.
ENVIRONMENTAL IMPACTS: This project is a reuse of an existing structure on an existing
city lot, resulting in much less impact to the environment than new construction on a vacant lot.
The building's mechanical and electrical system, insulation, doors and windows are all being
replaced with components that meet or exceed current building code requirements, resulting in
greatly reduced consumption of greenhouse gases.
ATTACHMENTS:
• Contract to Buy and Sell Real Estate, dated February 10, 2010
• Counterproposal, dated February 11, 2010
• Closing Instructions, dated February 12, 2010
Page 2 of 2
RESOLUTION #
(Series of 2010)
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF
ASPEN, COLORADO, AND RICHARD AND SUSAN CHELEC SETTING
FORTH THE TERMS AND CONDITIONS REGARDING THE SALE AND
PURCHASE OF REAL PROPERTY AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT
WHEREAS, there has been submitted to the City Council a contract to buy
and sell real estate between the City of Aspen, Colorado, and Richard and Susan
Chelec, 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 contract to
buy and sell real estate between the City of Aspen, Colorado, and Richard and
Susan Chelec regarding the purchase and sale of real estate, 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 22, 2010.
Kathryn S. Koch, City Clerk
s~
Asyee Rnl Euete eroten
SETTERFIELD & BRIGHT
Aspen Real Estate Brokers
Galen Bright, Broker /Owner
407 S Hunter St. #3 ~ Aspen, Colorado 81611
phone: (970) 920-9762 ~ fax: (970) 920-1837
cell: (970) 379-3877 ~ email: galen~aspenreal.com
The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate
Commission. (CBSI-5-09) (Mandatory 7-09)
THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER
COUNSEL BEFORE SIGNE~G.
CONTRACT TO BUY AND SELL REAL ESTATE
Date: February 10. 2010
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1. AGREEMENT. Buyer agrees to buy, and Seller agrees to sell, the Property defined below on the terms and conditions set
forth in this contract (Contract).
2. DEFINED TERMS.
2.1. Buyer. Buyer, Richard and Susan Chelec and/or assigns, will take title to the real property described below
as ®Joint Tenants ^Tenants In Common ^Other
2.2 . Property. The Property is the following legally described real estate in the County of Pitkin, Colorado:
Aspen West Condominium, Unit 5
known as No.
104 W Cooper Ave #5 Aspen CO 81611,
Street Address City State Zap
together with the interests, easements, rights, benefits, improvements and attached factures appurtenant thereto, and
all interest of Seller in vacated streets and alleys adjacent thereto, except as herein excluded.
2.3. Dates and Deadlines.
_
-I m= o.
-1 § 4.2.1„ _ __
en
Al[ernattve Earnest Money Deadline
o Deaaun
2 business days after MEC
r 2 § 5.1 Loan Appbcation Deadline ~a
~- § 5.2 Loan Condmons Deadline ___ _ . . _ n/a ,
~- § 5.3 _ Buyer s Credit Information Deadline _, ___ n/a _. _ __
-, § 5.3 Disapproval of Buyer's Credit Information Deadline
_. n!a
~- § 5.4 Exis6n Loan Documents Deadline
_.... g . .__._ _ ____ -- n/a _ _ , _. _
~- § 5.4 ,Existing Loan Documents Objection Deadline n/a _ ,
I
~- § 5.4 Loan Transfer Approval Deadline
_. ____ .- n/a
_.__-- _ __._ . __ _
~- § 6.2.2 A raisal Deadline
pP ___ _ n/a
10 § 6.2.2 Appraisal Objection Deadline
_ n/a
-- ~ -
11 § 7.1 Title Deadline _
~. 5 days after MEC
_._
12 § 7.2 Document Request Deadline
_-_. 5 days after MEC
13 § 7.3 Survey Deadline _ - 5 days after MEC
14 § 7.4.4.1 CIC Documents Deadline 5 days after MEC
15 § 7.4.5 CIC Documents Objection Deadline 14 days after, MEC _
16 § 8.1
~~ Tide Ob ection Deadline,
..._____ J _. 14 days after MEC
17 § 8.2 Off-Record Matters Deadline 5 days after MEC
18 § 8.2 Off-Record Matters Objection Deadline 14 days after MEC
t o - & R~ 32- Survev Obiection Deadline 14 days after MEC
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23 § 10.3 Inspection Resolution Deadline 2 business days after Inspection
Objection Deadline
24 § 10.5 .Property Insurance Objection Deadline ~ 14 days after MEG '
__
25 § 12 Closing Date 30 days after MEC
26 § ]7 Possession Date Upon Closing and DOD
27 § 17 Possession Time Upon Closing and DOD
28 § 32 Acceptance Deadline Date February 11, 2010
29 § 32 Acceptance Deadline Time 5:OOpm
30 Addendum Due, Diligence Deadline _ 14 days after MEC
_. _ _
2.4. Applicability of Terms. A check or similaz mazk in a box means that such provision is applicable. The
abbreviation "N/A" or the word "Deleted" means not applicable and when inserted on any line in Dates and
Deadlines (§ 2.3), means that the corresponding provision of the Contract to which reference is made is deleted.
The abbreviation "MEC" (mutual execution of this Contract) means the date upon which both parties have signed
this Contract.
2.5. Day; Computation of Period of Days, Deadline.
2.5.1.__. Day.-As used in this Contract, the term "day" shall mean the entire day ending at 11:59 p.m., United States
Mountain Time (Standazd or Daylight Savings as applicable).
2.5.2. Computation of Period of Days, Deadline. In computing a period of days, when a date is not specified,
the first day is excluded and the last day is included, e.g. three days after MEC. If any deadline falls on a
Saturday, Sunday or federal or Colorado state holiday (Holiday), such deadline ®Shall ^ShaB Not
be extended to the next day that is not a Saturday, Sunday or Holiday. Should neither box be checked, the
deadline shall not be extended.
3. INCLUSIONS AND EXCLUSIONS.
3.1. Inclusions. The Purchase Price includes the following items (Inclusions):
none
3.1.1. Fixtures. If attached to the Property on the date of this Contract, lighting, heating, plumbing, ventilating,
and air conditioning fixtures, TV antennas, inside telephone, network and coaxial (cable) wtnng and
connecting blocks/jacks, plants, mirrors, floor coverings, intercom systems, built-in kitchen appliances,
sprinkler systems and controls, built-in vacuum systems (including accessories), gazage door openers
including ii/a remote controls; and ^ rt/a
3.1.2. Personal Property. The following aze included if on the Property whether attached or not on the date of
this Contract: storm windows, storm doors, window and porch shades, awnings, blinds, screens, window
coverings, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stoves,
storage sheds, and all keys. If checked, the following are included: ^ Water Softeners ^Smoke/Fire
Detectors ^Security Systems ^Satellite Systems (including satellite dishesj.
3.1.3. Other Inclusions.
none
The Personal Property to be conveyed at Closing shall be conveyed by Seller free and cleaz of all taxes,
(except personal property taxes for the yeaz of Closing), liens and encumbrances, except none
Conveyance shall be by bill of sale or other applicable legal instrument.
3.1.4. Trade Fixtures. With respect to trade fixtures, Seller and Buyer agree as follows:
none
The Trade Fixtures to be conveyed at Closing shall be conveyed by Seller free and cleaz of all taxes,
(except personal property taxes for the yeaz of Closing), liens and encumbrances, except none
Conveyance shall be by bill of sale or other applicable legal instrument.
Page 2 of 13
www ezContract.com Cop?
azcwrrancr r;HSl-5-09 Contract to Buy and Sell Real
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3.1.5. Parking and Storage Facilities. ®Use Only ^Ovnership of the following pazking facilities: those
appurtenant to the property; and ®Use Only ^Ownership of the following storage facilities:
those appurtenant to the property.
3.1.6. Water Rights, Water Interests, Water and Sewer Taps.. The following legally described water rights:
n/a
Any water rights shall be conveyed by ^ n/a Deed ^ Other applicable legal instrument.
3.1.6.1. If any water well is to be transferred to Buyer, Seller agees to supply required information about
such well to Buyer. Buyer understands that if the well to be transferred is a Small Capacity Well
or a Domestic Exempt Water Well used for ordinary household purposes, Buyer shall, prior to or
at Closing, complete a Change in Ownership form for the well. If an existing well has not been
registered with the Colorado Division of Water Resources in the Depaztment of Natural
Resources (Division), Buyer shall complete a registration of existing well form for the well and
pay the cost of registration. If no person will be providing a closing service in connection with
the transaction, Buyer shall file the form with the Division within sixty days after Closing.
The Well Permit # is n/a
3.1.6.2. ^WaterStockCertificates:
n/a
3.1.6.3. ^Water Tap ^Sewer Tap
Note: Buyer is advised to obtain, from the provider, written confirmation of the amount remaining
to be paid, if any, 6me and other restrictions for transfer and use of the tap.
4 ~ § 4.6 ~ Assumption Balance I
I - § 4.7 _ Seller or Private Financing
I~-.. ~ _.._.. -__ _ . _..
I ~ ~ _.__
~- §4.3___ Cash atClosing_ ' 549,000.00
-~- _TOTAL _-- .. _ _._.. ~ ___. _._. $599,000.00 _ _.. _ $599,OOOr00_
4.2. Earnest Money. The Earnest Money set forth in this section, in the form of wire transfer or personal check, is
part payment of the Purchase Price and shall be payable to and held by Land Title Gaurantee Companv (Earnest
Money Holder), in its trust account, on behalf of both Seller and Buyer. The Earnest Money deposit shall be
tendered with this Contract unless the parties mutually agree to an Alternative Earnest Money Deadline (§ 2.3)
for its payment. If Earnest Money Holder is other than the Brokerage Firm identified in § 34 or § 35 below,
Closing Instructions signed by Buyer, Seller and Eames[ Money Holder must be obtained on or before delivery of
Earnest Money to Earnest Money Holder. The parties authorize delivery of the Eames[ Money deposit to the
company conducting the Closing (Closing Company), if any, a[ or before Closing. in the event Eamest Money
Holder has agreed to have interest on Earnest Money deposits transferred [o a fund established for the purpose of
providing affordable housing to Colorado residents, Seller and Buyer acknowledge and agree that any interest
accruing on the Eames[ Money deposited with the Earnest Money Holder in this transaction shall be transferred to
such fund.
4.2.1. Alternative Earnest Money Deadline. The deadline for delivering [he Eaznes[ Money, if other than at
the time of tender of the Contract is as set forth as the Alternative Earnest Money Deadline (§ 2.3).
4.3. Form of Funds; Time of Payment; Funds Available. All amounts payable by the parties at Closing, including
any loan proceeds, Cash at Closing and closing costs, shall be in funds that comply w' a ble Colorado
B,ry aM Sell Reai Estate 07110/]0 at 11:4~v1 ~~ Page 3 of 13
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laws, including electronic transfer funds, certified check, savings and loan teller s check and cashier's check (Good
Funds). All funds required to be paid at Closing shall be timely paid to allow disbursement by Closing Company at
Closing OR SUCH PARTY SHALL BE IN DEFAULT. Buyer represents that Buyer, as of the date of this
Contract, ^Does ®Does Not have funds that aze immediately verifiable and available in an amount not less
than the amount stated as Cash at Closing in § 4.1.
4.4. Seller Concession. Seller, at Closing, shall pay or credit, as drrected by Buyer, a total amount of $ n/a to assist
with Buyer's closing costs, loan discount points, loan origination fees, prepaid items (including any amounts that
Seller agrees to pay because Buyer is not allowed to pay due to FI-IA, CHFA, VA, etc J, and any other fee, cost,
chazge, expense or expenditure related to Buyer's New Loan or other allowable Seller concession (collectively,
Seller Concession). The Seller Concession is in addition to any sum Seller has agreed to pay or credit Buyer
elsewhere in this Contract. If the amount of Seller Concession exceeds the aggregate of what is allowed, Seller
shall not pay or be chazged such excess amount.
4.5. New Loan. (Omitted as Inapplicable].
4.6. Assumption. [Omitted as Inapplicable].
4.7. Seller or Private Financing. [Omitted as Inapplicable].
FINANCING CONDTI'IONS AND OBLIGATIONS. [Omitted as Inapplicable].
APPRAISAL PROVLSIONS.
6.1. Property Approval. If the lender imposes any requirements or repairs (Requirements) to be made to the Property
(e.g., roof repair, repainting), beyond those matters already agreed to by Seller in this Contract, Seller may
terminate this Contract (notwithstanding § 10 of this Contract) by written notice to Buyer on or before three days
following Sellers receipt of the Requirements. Seller's right to terminate in this § 6.1 shall not apply if on or
before any temrination by Seller pursuant to this § 6.1: (1) the parties enter into a written agreement regazding the
Requienents; or (2) the Requirements aze completed by Seller; or (3) the satisfaction of the Requirements is
waived in writing by Buyer.
6.2. Appraisal Condition.
® 6.2.1. Not Applicable. This § 6.2 shall not apply.
^ 6.2.2. ConventionaVOtber. [Omitted as Inapplicable].
^ 6.2.3. FHA. [Omitted as Inapplicable].
^ 6.2.4. VA. [Omitted as Inapplicable].
6.3. Cost of Appraisal. Cost of any appraisal to be obtained after the date of this Contract shall be timely paid by
®Buyer ^Seller.
EVIDENCE OF TITLE, SURVEY AND CIC DOCUMENTS.
7.1. Evidence of Title. On or before Title Deadline (§ 2.3), Seller shall cause to be furnished to Buyer, at Seller's
expense, a current commitment for owner's title insurance policy (Title Commitment) in an amount equal to the
Purchase Price, or if this box is checked, ^An Abstract of title certified to a current date. If title insurance is
furnished, Seller shall also deliver to Buyer copies of any abstracts of title covering all or any portion of the
Property (Abstract) in Seller's possession. At Seller's expense, Seller shall cause the title insurance policy to be
issued and delivered to Buyer as soon as practicable at or after Closing. The title insurance commitment ®Shall
^Shall Not commit to delete or insure over the standazd exceptions which relate to: (1) parties in possession, (2)
unrecorded easements, (3) survey matters, (4) any unrecorded mechanic's liens, (5) gap period (effecflve date of
commitment to date deed is recorded), and (6) unpaid taxes, assessments and unredeemed tax sales prior to the
yeaz of Closing. Any additional premium expense to obtain this additional coverage shall be paid by ®Buyer
^Seller.
Note: The title insurance company may not agree to delete or insure over any or all of the standazd exceptions.
Buyer shall have the right to review the Title Commitment. If the Title Commitment or its provisions aze not
satisfactory to Buyer, Buyer may exercise Buyer's rights pursuant to § 8.1.
7.2. Copies of Exceptions. On or before Title Deadline (§ 2.3), Seller, at Sellers expense, shall furnish to Buyer and
Satterfield & Bright, (1) copies of any plats, declazations, covenants, conditions and restrictions burdening the
Property, and (2) if a Title Commitment is required to be furnished, and if this box is checked ®Copies of any
Other Documents (or, if illegible, summaries of such documents) listed in the schedule of exceptions
(Exceptions). Even if the box is not checked, Seller shall have the obligation to famish these documents pursuant
to this section if requested by Buyer any time on or before Document Request Deadline (§ 2.3). This requirement
shall pertain only to documents as shown of record in the office of the clerk and recorder in the county where the
Property is located. The abstract or Title Commitment, together with any copies or summaries of such documents
furnished pursuant to this section, constitute the title documents (Title Documents).
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158 7.3. Survey. On or before Survey Deadline (§ 2.3), ®Seller ^Buyer shall order or provide, and cause Buyer (and
159 the issuer of the Title Commitment or the provider of the opinion of title if an abstract) to receive, a current ^
1b0 Improvement Survey Plat ^Improvement Location Certificate ®Condominium Plat Map (the
161 description checked is known as Survey). An amount not to exceed $the cost for Survey shall be paid by ^
162 Buyer ®Seller If the cost exceeds this amount, ^Buyer ®Seller shall pay the excess on or before
163 Closing. Buyer shall not be obligated to pay the excess unless Buyer is informed of the cost and delivers to Seller,
164 before Survey is ordered, Buyer's written agreement to pay the required amount to be paid by Buyer.
165 7.4. Common Interest Community Documents. The term CIC Documents consists of all owners' associations
166 (Association) declarations, bylaws, operating agreements, rules and regulations, party wall agreements, minutes of
167 most recent annual owners' meeting and minutes of any directors' or managers' meetings during the six-month
168 period immediately preceding the date of this Contract, if any (Governing Documents), most recent financial
169 documents consisting of (1) annual balance sheet, (2) annual income and expenditures statement, and (3) annual
170 budget (Financial Documents), if any (collectively CIC Documents).
171 ^ 7.4.1. Not Applicable. This § 7.4 shall not apply.
172 7.4.2. Common Interest Community Disclosure. THE PROPERTY IS LOCATED WITHIN A COMMON
173 INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR SUCH COMMUNITY.
174 THE OWNER OF THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNER'S
175 ASSOCIATION FOR THE COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND
176 RULES AND REGULATIONS OF THE ASSOCIATION. THE DECLARATION, BYLAWS, AND
177 RULES AND REGULATIONS WILL IMPOSE FINANCIAL OBLIGATIONS UPON THE OWNER
pg OF THE PROPERTY, INCLUDING AN OBLIGATION TO PAY ASSESSMENTS OF THE
179 ASSOCIATION. IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, THE ASSOCIATION
180 COULD PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT. THE
181 DECLARATION, BYLAWS, AND RULES AND REGULATIONS OF THE COMMUNITY MAY
182 PROHIBIT TIC OWNER FROM MAKING CHANGES TO THE PROPERTY WITHOUT AN
183 ARCHITECTURAL REVIEW BY THE ASSOCIATION (OR A COMMITTEE OF THE
184 ASSOCIATION) AND THE APPROVAL OF THE ASSOCIATION. PURCHASERS OF PROPERTY
185 WITHIN THE COMMON INTEREST COMMUNITY SHOULD INVESTIGATE THE FINANCIAL
186 OBLIGATIONS OF MEMBERS OF THE ASSOCIATION. PURCHASERS SHOULD CAREFULLY
187 READ THE DECLARATION FOR THE COMMUNITY AND THE BYLAWS AND RULES AND
lgg REGULATIONS OF THE ASSOCIATION.
189 ^ 7.4.3. Not Conditional on Review. Buyer acknowledges that Buyer has received a copy of the CIC Documents.
190 Buyer has reviewed them, agrees to accept the benefits, obligafions and restrictions that they impose upon
191 the Property and its owners and waives any right to terminate this Contract due to such documents,
192 notwithstanding the provisions of § 8.5.
193 7.4.4. CIC Documents to Buyer.
194 ® 7.4.4.1. Seller to Provide CIC Documents. Seller shall cause the CIC Documents to be provided to
195 Buyer, at Sellei s expense, on or before CIC Documents Deadline (§ 2.3).
196 ® 7.4.4.2. Seller Authorizes Association. Seller authorizes the Association to provide the CIC Documents
197 to Buyer, at Seller's expense.
198 7.4.4.3. Seller's Obligation. Sellers obligation to provide the CIC Documents shall be fulfilled upon
199 Buyei s receipt of the CIC Documents, regazdless of who provides such documents.
200 7.4.5. Conditional on Buyer's Review. If the box in either § 7.4.4.] or § 7.4.4.2 is checked, the provisions of
201 this § 7.4.5 shall apply. Written notice of any unsatisfactory provision in any of the CIC Documents, in
2p2 Buyer's subjective discretion, signed by Buyer, or on behalf of Buyer, and delivered to Seller on or before
203 CIC Documents Objection Deadline (§ 2.3), shall terminate this Contract.
204 Should Buyer receive the CIC Documents after CIC Documents Deadline (§ 2.3), Buyer shall have the
205 right, at Buyer's option, to termnate this Contract by written nofice delivered to Seller on or before ten
206 days afer Buyer's receipt of the CIC Documents. If Buyer does not receive the CIC Documents, or if
2p7 such written notice to terminate would otherwise be required to be delivered after Closing Date (§ 2.3),
208 Buyer's written notice to terminate shall be received by Seller on or before three days prior to Closing
2pg Date (§ 2.3). If Seller does not receive written notice from Buyer within such time, Buyer accepts the
210 provisions of the CIC Documents, and Buyer's right to terminate this Contract pursuant to this section is
211 waived, notwithstanding the provisions of § 8.5.
212 NOTE: Tf no box in this § 7.4 is checked, the provisions of § 7.4.4.1 shall apply.
213 8. TITLE AND SURVEY REVIEW. 0 ~ „~
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214 5.1. Title Review. Buyer shall have the right to inspect the Title Documents. Buyer shall provide written notice of
215 unmerchantability of title, unsatisfactory form or content of Title Commibment, or, notwithstanding § 13, of any
216 other unsatisfactory title condition shown by the Title Documents (Notice of Title Objection). Such notice shall be
217 signed by or on behalf of Buyer and delivered to Seller on or before Title Objection Deadline (§ 2.3), provided
218 such Title Documents aze received by Buyer in a timely manner. If there is an endorsement to the Title
219 Commitment that adds a new Exception to title, a copy of the new Exception to title and the modified Title
220 Commitment shall be delivered to Buyer. Buyer shall have five days to deliver the Notice of Title Objection after
221 receipt by Buyer of the following documents: (1) any required Title Document not timely received by Buyer, (2)
222 any change to the Title Documents, (3) or endorsement to the Title Commitment. If Seller does not receive Buyer's
223 Notice of Title Objection by the applicable deadline specified above, Buyer accepts the condition of title as
224 disclosed by the Title Documents as satisfactory.
225 8.2. Matters Not Shown by the Public Records. Seller shall deliver to Buyer, on or before Off-Record Matters
226 Deadline (§ 2.3) true copies of all leases and surveys in Seller's possession pertaining to the Property and shall
227 disclose to Buyer all easements, liens (including, without limitation, governmental improvements approved, but not
228 yet installed) or other title matters (including, without limitation, rights of fast refusal and options) not shown by
229 the public records of which Seller has actual knowledge. Buyer shall have the right to inspect the Property to
230 investigate if any third party has any right in the Property not shown by the public records (such as an unrecorded
231 easement, unrecorded lease, boundary line discrepancy or water rights). Written notice of any unsatisfactory
232 condition disclosed by Seller or revealed by such inspection, notwithstanding § 13, shall be signed by or on behalf
233 of Buyer and delivered to Seller on or before Off-Record Matters Objection Deadline (§ 2.3). If Seller does not
234 receive Buyers notice by said deadline, Buyer accepts title subject to such rights, if any, of third parties of which
235 Buyer has actual knowledge.
236 8.3. Survey Review.
237 ~ 8.3.1. Not Applicable. This § 8.3 shall not apply.
23g ® 8.3.2. Conditional on Survey. If the box in this § 8.3.2 is checked, Buyer shall have the right to inspect the
239 Survey. If written notice by or on behalf of Buyer of any unsatisfactory condition shown by the Survey,
240 notwithstanding § 8.2 or § 13, is received by Seller on or before Survey Objection Deadline (§ 2.3) then
241 .such objection shall be deemed an unsatisfactory title condition. If Seller does not receive Buyer's notice
242 by Survey Objection Deadline (§ 2.3), Buyer accepts the Survey as satisfactory.
243 8.4. Special Taking Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL
244 OBLIGATION INDEBTEDNESS THAT TS PAID BY REVENUES PRODUCED FROM ANNUAL TAX
245 LEVIES ON THE TAXABLE PROPERTY WTTHIN SUCH DISTRICTS. PROPERTY OWNERS IN
246 SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIIiS AND TAX TO
247 SUPPORT THE SERVICING OF SUCH DEBT WHERE CHtCUMSTANCES ARISE RESULTING IN
24g THE INABILITY OF SUCH A DISTRICT TO DLSCHARGE SUCH INDEBTEDNESS WITHOUT SUCH
249 AN INCREASE IN MILL LEVIES. BUYERS SHOULD INVESTIGATE THE SPECIAL TAXING
250 DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE COUNTY
251 TREASURER, BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE PROPERTY, AND
252 BY OBTAINING FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS,
253 THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR.
25q In the event the Property is located within a special taxing district and Buyer desires to terminate this Contract as
255 a result, if written notice, by or on behalf of Buyer, is received by Seller on or before Off-Record Matters
256 Objection Deadline (§ 2.3), this Contract shall terminate. If Seller does not receive Buyers notice by such
257 deadline, Buyer accepts the effect of the Property's inclusion in such special taxing district and waives the right to
25g terminate for that reason.
259 5.5. Right to Object, Cure. Buyer's right to object shall include, but not be limited to, those matters set forth in §§ 8
260 and 13. If Seller receives notice of unmerchantability of title or any other unsatisfactory title condition or
261 commitment terms as provided in §§ 8.1, 8.2 and 8.3, Seller shall use reasonable efforts to correct said items and
262 beaz any nominal expense to correct the same prior to Closing. If such unsatisfactory title condition is not
263 corrected to Buyer's satisfaction on or before Closing, this Contract shall terminate; provided, however, Buyer
264 may, by written notice received by Seller on or before Closing, waive objection to such items.
265 8.6. Right of First Refusal or Contract Approval. If there is a right of first refusal on the Property, or a right to
266 approve this Contract, Seller shall promptly submit this Contract according to the terms and conditions of such
267 right. If the holder of the right of first refusal exercises such right or the holder of a right to approve disapproves
26g this Contract, this Contract shall tem>inate. If the right of first refusal is waived explicitly or expires, or the
269 Contract is approved, this Contract shall remain in full force and effect. Seller shall promptly fmtif~ Buyer of the
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270 foregoing. If expiration or waiver of the right of fast refusal or Contract approval has not occurred on or before
271 Right of First Refusal Deadline (§ 2.3), this Contract shall terminate.
272 8.7. Title Advisory. The Title Documents affect the title, ownership and use of the Property and should be reviewed .
273 cazefully. Additionally, other matters not reflected in the Title Documents may affect the bile, ownership and use
274 of the Property, including without limitation, boundary lines and encroachments, azea, zoning, unrecorded
275 easements and claims of easements, leases and other unrecorded agreements, and various laws and governmental
276 regulations concerning ]and use, development and environmental matters. The surface estate may be owned
277 separately from the underlying mineral estate, and transfer of the surface estate does not necessarily include
278 transfer of the mineral rights or water rights. Third parties may hold interests in oil, gas, other tninerals,
279 geothermal energy or water on or under the Property, which interests may give them rights to enter and use
2gp the Property. Such matters may be excluded from or not covered by the title insurance policy. Buyer is advised to
281 timely consult legal counsel with respect to all such matters as there are strict time limits provided in this Contract
282 [e.g., Title Objection Deadline (§ 2.3) and Off-Record Matters Objection Deadline (§ 2.3)].
283 9. LEAD-BASED PAINT. Unless exempt, if the improvements on the Property include one or more residential dwellings for
284 which a building permit was issued prior to Ianuary 1, 1978, this Contract shall be void unless (1) a completed Lead-Based
285 Paint Disclosure (Sales) form is signed by Seller, the required real estate licensees and Buyer; and (2) Seller receives the
286 completed and fully executed form prior to the time when the Contact is signed by all parties. Buyer acknowledges timely
287 receipt of a completed Lead-Based Paint Disclosure (Sales) form signed by Seller and the real estate licensees.
288 10. PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY, BUYER DISCLOSURE AND
289 SOURCE OF WATER.
290 10.1. Seller's Property Disclosure Deadline. On or before Seller's Property Disclosure Deadline (§ 2.3), Seller
291 agrees to deliver to Buyer the most current version of the applicable Colorado Rea] Estate Commission's Seller's
292 Property Disclosure form completed by Seller to the best of Seller's actual knowledge, current as of the date of this
293 Convact.
294 10.2. Inspection Objection Deadline. Buyer shall have the right to have inspections of the physical condition of both
295 the Property and Inclusions, at Buyers expense. If (1) the physical condition of the Property, (2) the physical
296 condition of the Inclusions, (3) any proposed or existing transportation project, road, street or highway, or (4) any
297 other activity, odor or noise (whether on or off the Property) and its effect or expected effect on the Property or its
29g occupants is unsatisfactory in Buyer's subjective discretion, Buyer shall, on or before Inspection Objection
299 Deadline (§ 2.3):
300 10.2.1. Notice to Terminate. Notify Seller in writing that this Contract is terminated; or
301 10.2.2. Notice to Correct Deliver to Seller a written description of any unsatisfactory physical condition which
302 Buyer requires Seller to correct.
303 If written notice is not received by Seller on or before Inspection Objection Deadline (§ 2.3), the
304 physical condition of the Property and Inclusions shall be deemed to be satisfactory to Buyer.
305 10.3. Inspection Resolution Deadline. If a Notice to Correct is received by Seller and if Buyer and Seller have not
306 agreed in wilting to a settlement thereof on or before Inspecion Resolution Deadline (§ 2.3), this Contract shall
307 terminate one day following Inspection Resolution Deadline (§ 2.3), unless before such termination Seller
3pg receives Buyer's written withdrawal of the Notice to Correct.
309 10.4. Damage, Liens and Indemnity. Buyer, except as otherwise provided in this Contract, is responsible for payment
310 for all inspections, tests, surveys, engineering reports, or any other work performed at Buyer's request (Work) and
311 shall pay for any damage that occurs to the Property and Inclusions as a result of such Work. Buyer shall not
312 permit claims or liens of any kind against the Property for Work performed on the Property at Buyer's request.
313 Buyer agrees to indemnify, protect and hold Seller harmless from and against any liability, damage, cost or expense
314 incurred by Seller and caused by any such Work, claim, or lien. This indemnity includes Sellei s right to recover
315 all costs and expenses incurred by Seller to defend against any such liability, damage, cost or expense, or to
316 enforce this section, including Seller's reasonable attorney and legal fees. The provisions of this section shall
317 survive the termination of this Contract.
318 10.5. Insurability. This Contract is conditional upon Buyer's satisfaction, in Buyers subjective discretion, with the
319 availability, terms and conditions of and premium for property insurance. This Contract shall terminate upon
320 Seller's receipt, on or before Property Insurance Objection Deadline (§ 2.3), of Buyer's written notice that such
321 insurance was not satisfactory [o Buyer. If said notice is not timely received, Buyer shall have waived any right to
322 terminate under this provision.
323 10.6. Buyer Disclosure. Buyer represents that Buyer ^Does ®Does Not need to sell and close a property to
324 complete this vansaction. Note: Any property sale contingency should appeaz in Additional Provisions (§ 26).
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325 10.7. Source of Potable Water (Residential Land and Residential Improvements Only). Buyer ^Does ®Does
326 Not acknowledge receipt of a copy of Seller's Property Disclosure or Source of Water Addendum disclosing
327 the source of potable water for the Property. Buyer ^Does ^Does Not acknowledge receipt of a copy of the
328 current well permit. ®There is No Well.
329 Note to Buyer: SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE
330 GROUND WATER. YOU MAY WISH TO CONTACT YOUR PROVIDER (OR INVESTIGATE THE
331 DESCRIBED SOURCE) TO DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER'S
332 WATER SUPPLIES.
333 10.8. Carbon Monoxide Alarms. Note: If the improvements on the Property have afuel-fired heater or appliance, a
334 fireplace, or an attached gazage and include one or more rooms lawfully used for sleeping purposes (Bedroom), the
335 parties acknowledge that Colorado law requires that Seller assure the Property has an operational cazbon monoxide
336 alarm installed within Fifteen feet of the entrance to each Bedroom or in a location as required by the applicable
337 building code.
338 11. METHAMPHETAMIN DISCLOSURE (Residential Property Only). If the Property is residential, and Seller knows
339 that methamphetamine was ever manufactured, processed, cooked, disposed of, used or stored at the Property, Seller is
340 required to disclose such fact. No, disclosure is required if the Property was remediated in accordance with state standazds
341 and other requirements aze fulfilled pursuant to § 25-18.5-102, C.R.S. Buyer further acknowledges that Buyer has the right
342 to engage a certified hygienist or'industrial hygienist to test whether the Property has ever been used as a methamphetamine
343 laboratory. If Buyer's test results indicate that the Property has been contaminated with methamphetamine, but has not been
344 remediated to meet the standazds established by rules of the State Boazd of Health promulgated pursuant to § 25-18.5-102,
345 C.R.S., Buyer shall promptly give written notice to Seller of the results of the test, and Buyer may terminate this Contract,
346 notwithstanding any other provision of this Contract.
347 12. CLOSING. Delivery of deed from Seller to Buyer shall be at closing (Closing). Closing shall be on the date specified as
348 Closing Date (§ 2.3) or by mutual agreement at an earlier date. The hour and place of Closing shall be as designated by
349 Buyer Seller and Title Company.
350 13. TRANSFER OF TITLE. Subject to tender or payment at Closing as required herein and compliance by Buyer with the
351 other terms and provisions hereof, Seller shall execute and deliver a good and sufficient general warranty deed to Buyer,
352 at Closing, conveying the Property free and cleaz of all taxes except the general taxes for the yeaz of Closing. Except as
353 provided herein, title shall be conveyed free and cleaz of all liens, including any governmental liens for special
354 improvements installed as of the date of Buyer's signature hereon, whether assessed or not. Title shall be conveyed subject
355 to:
356 13.1. those specific Exceptions described by reference to recorded documents as reflected in the Title Documents
357 accepted by Buyer in accordance with Title Review (§ 8.1),
3S8 13.2. distribution utility easements (including cable TV),
359 13.3. those specifically described rights of third parties not shown by the public records of which Buyer has actual
360 knowledge and which were accepted by Buyer in accordance with Matters Not Shown by the Public Records (§
361 8.2) and Survey Review (§ 8.3),
362 13.4. inclusion of the Property within any special taxing district, and
363 13.5. 'other none
364 14. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before Closing from the
365 proceeds of this transaction or from any other source.
366 15. CLOSING COSTS, DOCUMENTS AND SERVICES.
367 15.1. Good Funds. Buyer and Seller shall pay, in Good Funds, their respective closing costs and all other items required
368 to be paid at Closing, except as otherwise provided herein.
369 15.2. Closing Information and Documents. Buyer and Seller will furnish any additional infolmation and documents
370 required by Closing Company that will be necessary to complete this transaction. Buyer and Seller shall sign and
371 complete all customary or reasonably required documents at or before Closing..
372 15.3. Closing Services Fee. The fee for teal estate closing services shall be paid a[ Closing by ^Buyer ^
373 Seller ®One-Half by Buyer and One-Half by Seller ^Other
374 15.4. Closing Instructions. Buyer and Seller agree to execute the Colorado Real Estate Commission's Closing
375 Instructions. Such Closing Instructions ^Are ®Are Not executed with this Contract Upon execution,
376 Seller ^Buyer shall deliver such Closing Instructions to the Closing Company.
377 15.5. Status Letter and Transfer Fees. Any fees incident to the issuance of Association's statement of assessments
378 (Status Letter) shall be paid by ^Buyer ®Seller ^One-Half by Buyer and One-Half by Seller. Any
379 transfer fees assessed by the Association (Association's Transfer Fee) shall be paid by ^Buyer ®Seller ^
380 One-Half by Buyer and One-Half by Seller.
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381 15.6. Local Transfer Tas. ®The Local Transfer Tax of Addendum~o of the Purchase Price shall be paid at Closing
382 by ®Buyer ^Seller ^One-Half by Buyer snd One-Half by Seller.
383 15.7. Sales and Use Tax. Any sales and use tax that may accme because of this ffansaction shall be paid when due by
3g4 ^Buyer ®Seller ^One-Half by Buyer and One-Half by Seller.
385 16. PROBATIONS. The following shall be prorated [o Closing Date (§ 2.3), except as otherwise provided:
386 16.1. Taxes. Personal property taxes, if any, and general real estate taxes for the yeaz of Closing, based on ®Taxes for
3g7 the Calendar Year Immediately Preceding Closing ^Most Recent MiB Levy and Most Recent Assessed
3gg Valuation, adjusted by any applicable qualifying seniors property tax exemption, or ^Other .
389 16.2. Rents. Rents based on ^Rents Actually Received ^Accrued. At Closing, Seller shall transfer or credit to
390 Buyer the security deposits for all leases assigned, or any remainder after lawful deductions, and notify all tenants
391 in writing of such ffansfer and of the transferee's name and address. Seller shall assign to Buyer all leases in effect
392 at Closing and Buyer shall assume such leases.
393 16.3. Association Assessments. Current regulaz Association assessments and dues (Association Assessments) paid in
394 advance shall be credited to Seller at Closing. Cash reserves held out of the regulaz Association Assessments for
395 deferred maintenance by the Association shall not be credited to Seller except as may be otherwise provided by the
396 Goveming Documents. Any special assessment by the Association for improvements that have been installed as of
397 the date of Buyer's signature hereon shall be the obligation of Seller. Any other special assessment assessed prior
398 to Closing Date (§ 2.3) by the Association shall be the obligation of ®Buyer ^Seller. Seller represents that
399 the Association Assessments aze clurendy payable at $tbd per tbd and that there aze no unpaid regular or special
Opp assessments against the Property except the current regulaz assessments and none. Such assessments aze subject
401 to change as provided in the Goveming Documents. Seller agrees to promptly request the Association to deliver
402 to Buyer before Closing Date (§ 2.3) a current Status Letter.
403 16.4. Other Prorations. Water and sewer chazges; interest on continuing loan, and anv other similar charoes
404 16.5. Final Settlement. Unless otherwise agreed in writing, these prorations shall be final.
405 17. POSSESSION. Possession of the Property shall be delivered to Buyer on Possession Date at Possession Time (§ 2.3),
406 subject to the following leases or tenancies: none
407 If Seller, after Closing, fails to deliver possession as specified, Seller shall be subject to eviction and shall be additionally
408 liable to Buyer for payment of $300.00 per day (or any part of a day notwithstanding §2.5.1) from Possession Date and
409 Possession Time (§ 2.3) until possession is delivered.
410 Buyer ®Does ^Does Not represent that Buyer will occupy the Property as Buyer's principal residence.
411 18. ASSIGNABILITY AND INUREMENT. This Contract ®Shall ^ShaB Not be assignable by Buyer without Sellei s
412 prior written consent. Except as so restricted, this Conract shall inure to the benefit of and be binding upon the heirs,
413 personal representatives, successors and assigns of the parties.
414 19. CAUSES OF LOSS, INSURANCE; CONDITION OF, DAMAGE TO PROPERTY AND INCLUSIONS AND
415 WALK-THROUGH. Except as otherwise provided in this Contract, the Property, Inclusions or both shall be delivered in
416 the condition existing as of the date of this Contract, ordinary wear and teaz excepted.
417 19.1. Causes of Loss, Insurance. In the event the Property or Inclusions aze damaged by fire, other perils or causes of
418 loss prior to Closing in an amount of not more than ten percent of the total Purchase Price, Seller shall be
419 obligated to repair the same before Closing Date (§ 2.3). In the event such damage is no[ repaired within said
420 time or if the damage exceeds such sum, this Contract may be terminated at the option of Buyer by delivering to
421 Seller written notice of termination on or before Closing. Should Buyer elect to carry out this Contract despite
422 such damage, Buyer shall be entitled to a credit at Closing for all the insurance proceeds that were received by
423 Seller (but not the Association, if any) resulting from such damage to the Property and Inclusions, plus the amount
424 of any deductible provided for in such insurance policy. Such credit shall not exceed the Purchase Price. In the
425 event Seller has not received such insurance proceeds prior to Closing, then Seller shall assign such proceeds at
426 Closing, plus credit Buyer the amount of any deductible provided for in such insurance policy, but not to exceed
427 the total Purchase Price.
428 19.2. Damage, Inclusions and Services. Should any Inclusion or service (including systems and components of the
429 Property, e.g. heating, plumbing) fail or be damaged between the date of this Contract and Closing or possession,
430 whichever shall be earlier, [hen Seller shall be liable for the repair or replacement of such Inclusion or service with
431 a unit of similaz size, age and quality, or an equivalent credit, but only to the extent that the maintenance or
432 replacement of such Inclusion, service or fixture is not the responsibility of the Association, if any, less any
433 insurance proceeds received by Buyer covering such repair or replacement. Seller and Buyer aze awaze of the
434 existence of pre-owned home warranty programs that may be purchased and may cover the repair or replacement
435 of such Inclusions. The risk of loss for damage to growing crops by fire or other casualty shall be borne by the
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436 party enUUed to the growing crops as provided in § 3.1.7 and such party shall be enUUed to such insurance
437 ~ proceeds or benefits for the growing crops.
438 19.3. Walk-Through and Verification of Condition. Buyer, upon reasonable notice, shall have the right to walk
439 through the Property prior to Closing to verify that the physical condition of the Property and Inclusions complies
440 with this Contract
441 20. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document, Buyer and Seller acknowledge
442 that the respective broker has advised that this document has important legal consequences and has recommended the
443 examination of title and consultation with legal and tax or other counsel before signing this Contract.
444 21. TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is of the essence hereof. If any note or check received as
445 Earnest Money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any
446 obligation hereunder is not performed or waived as herein provided, there shall be the following remedies:
447 21.1. It Buyer is in Default:
q4g ^ 21.1.1. Specific Performance. Seller may elect to treat this Contract as canceled, in which case all Earnest
449 Money (whether or not paid by Buyer) shall be forfeited by Buyer, paid [o Seller and retained by Seller;
450 and Seller may recover such damages as may be proper; or Seller may elect to treat this Contract as being
451 in full force and effect and Seller shall have the right to specific performance or damages, or both.
452 ® 21.1.2. Liquidated Damages. All Eaznest Money (whether or not paid by Buyer) shall be forfeited by Buyer,
453 paid to Seller, and retained by Seller. Both parties shall thereafter be released from all obligations
454 hereunder. It is agreed that the Earnest Money specified in § 4.1 is LIQUIDATED DAMAGES, and not
455 a penalty, which amount the parties agree is fair and reasonable and (except as provided in § § 10.4, 19,
456 22, 23 and 24), said forfeiture shall be SELLER'S SOLE AND ONLY REMEDY for Buyei s failure to
457 perform the obligations of this Contract. Seller expressly waives the remedies of specific performance
458 and additional damages.
459 21.2. if Seller is in Default: Buyer may elect to treat this Convact as canceled, in which case all Earnest Money
460 received hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may elect
461 to neat this Contract as being in full force and effect and Buyer shall have the right to specific performance or
462 damages, or both.
463 22. LEGAL FEES, COST AND EXPENSES. In the event of any azbitration or litigation relating to this Contract, prior to or
464 after Closing Date (§ 2.3), the azbitrator or court shall awazd to the prevailing party all reasonable costs and expenses,
465 including attorney and legal fees.
466 23. MEDIATION. If a dispute arises relating to Ulis Contract, prior to or after closing, and is not resolved, the parties shall
467 First proceed in good faith to submit the matter to mediation. Mediation is a process in which the parties meet with an
468 impartial person who helps to resolve the dispute informally and confidentially. Mediators cannot impose binding
469 decisions. The parties to the dispute must agree, in writing, before any settlement is binding. The parties will jointly
470 appoint an acceptable mediator and will shaze equally in the cost of such mediation. The mediation, unless otherwise
471 agreed, shall terminate in the event the enfve dispute is not resolved within thirty days of the date written notice requesting
472 mediation is delivered by one party to the other at the party's last known address. This section shall not alter any date in
473 this Contract, unless otherwise agreed.
474 24. EARNEST MONEY DLSPUTE. Except as otherwise provided herein; Eames[ Money Holder shall release the Eaznest
475 Money as directed by written mutual instructions, signed by both Buyer and Seller. In the event of any controversy
476 regazding the Eames[ Money (notwithstanding any temtinatlon of this Contract), Earnest Money Holder shall no[ be
477 required to take any action. Earnest Money Holder, at its option and sole discretion, may (1) await any proceeding, (2)
478 interplead all parties and deposit Earnest Money into a court of competent jurisdiction and shall recover court costs and
479 reasonable attorney and legal fees, or (3) provide notice to Buyer and Seller that unless Earnest Money Holder receives a
480 copy of the Summons and Complaint or Claim (between Buyer and Seller) containing the case number of the lawsuit
481 (Lawsuit) within one hundred twenty days of Earnest Money Holdei s notice to the parties, Earnest Money Holder shall be
482 authorized to return the Earnest Money to Buyer. In the event Earnest Money Holder does receive a copy of the Lawsuit,
483 and has no[ interpled the monies at the Ume of any Order, Earnest Money Holder shall disburse the Earnest Money pursuant
484 to the Order of the Court. The parties reaffirm the obligation of Mediation (§ 23). The provisions of this § 24 apply only if
485 the Eaznest Money Holder is one of the Brokerage Firms named in § 34 or § 35.
486 25. TERMINATION. In the even[ this Contract is terminated, all Earnest Money received hereunder shall be rettnmed and the
487 parties shall be relieved of all obligations hereunder, subject to §§ 10.4, 23 and 24.
488 26. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real
489 EstateCommissionJ
490
491 See Additional Provisions Addendum hereto attached and hereby incorporated by this reference.
492 - ~ ~~
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493 27. ATTACHMENTS. The following aze a part of this Contract:
494 none
495 Note: The following disclosure forms are attached but aze not a part of this Contract:
496 Lead-Based Paint Disclosure
497 28. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith, including but not
498 limited to exercising the rights and obligations set forth in the provisions of Financing Conditions and Obligations (§ 5)
499 and Property Disclosure, Inspection, Indemnity, Insurability, Buyer Disclosure and Source of Water (§ 10).
500 29. ENTIItE AGREEMENT, MODIFICATION, SURVIVAL. This Contract, its exhibits and specified addenda, constitute
501 the entire agreement between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether
502 oral or written, have been merged and integrated into this Contract. No subsequent modification of any of the teens of this
503 Contract shall be valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. Any
504 obligation in this Contract that, by its teens, is intended to be performed after termination or Closing shall survive the same.
505 30. COLORADO FORECLOSURE PROTECTION ACT. If the Colorado Foreclosure Protection Act (Act) applies, then a
506 different contract that complies with the provisions of the Act is required, and this Contract shall be void and of no effect.
507 The Act generally requires that (1) the Property is residential, (2) any loan secured by the Property is at least thirty days
508 delinquent or in default, (3) Buyer does not reside in the Property for at least one yeaz and (4) Buyer is subject to the Act.
509 Buyer ^Will ^Will Not occupy the Property as Buyer's personal residence for at least one yeaz. The parties aze
510 further advised to consult with their own attorney.
511 31. NOTICE, DELIVERY, AND CHOICE OF LAW.
512 31.1. Physical Delivery. All notices must be in writing, except as provided in § 31.2. Any document, including a signed
513 document or notice, delivered to Buyer shall be effective when physically received by Buyer, any signator on
514 behalf of Buyer, any named individual of Buyer, any representative of Buyer, or Brokerage Firm of Broker
515 working with Buyer (except for delivery, after Closing, of the notice requesting mediation described in § 23) and
516 except as provided in § 31.2 below. Any document, including a signed document or notice, delivered to Seller
517 shall be effective when physically received by Seller, any signator on behalf of Seller, any named individual of
518 Seller, any representative of Seller, or Brokerage Firm of Broker working with Seller (except for delivery, after
519 Closing, of the notice requesting mediation described in § 23) and except as provided in § 31.2 below.
520 31.2. Electronic Delivery. As an alternative to physical delivery, any document, including any signed document or
Sal written notice may be delivered in electronic form only by the following indicated methods:
522 ®Facsimile ®Email ®Internet ^No Electronic Delivery.
523 Documents with original signatures shall be provided upon request of any party.
524 31.3. Choice of Law. This Contract and all disputes arising hereunder shall be governed by and construed in accordance
525 with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in
526 Colorado for property located in Colorado.
527 32. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal shall expire unless accepted in writing, by Buyer and
528 Seller, as evidenced by their signatures be]ow, and the offering party receives notice of such acceptance pursuant [o § 31 on
529 or before Acceptance Deadline Date (§2.3) and Acceptance Deadline Time (§ 2.3). If accepted, this document shall
530 become a contract between Seller and Buyer. A copy of this document may be executed by each party, sepazately, and
531 when each party has executed a copy thereof, such copies taken together shall be deemed to be a full and compete contract
532 between the p
Date: 2 / _ Date:
Buyer's N e: Ric helec a d/or assigns Buyer's Name Susan Chelec and/ r assigns
533 ~
Signature
Address: 161 Lower Buliwinkle Address:
Aspen CO 81611
Phone No.:
Fax No.:
Email Address:
[NOTE: 1f this offer is being countered or rejected, do not sign this document. Refer to § 33]
534
Phone No.:
Fax No.:
Email Address:
Cwuact to Buy and $e0 Real Estate 07/10/10 at I1: AM Page ] 1 of 13
Date: Date:
Seller's Name: City of Aspen Seller's Name: By: Stephen Barwick, City Manager
535
Seller's Signature Seller's Signature
Address: Address:
Phone No.: Phone. No.:
Fax No.: Fax No.:
Email Address: Email Address:
536
537 33. COUNTER; REJECTION. This offer is ^Countered ^Rejected.
53S
539 Initials only of party (Buyer or Seger) who countered or rejected offer
540
END OF CONTRACT TO BUY AND SELL REAL ESTATE
541 34. BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE.
542 (To be completed by Broker working with Buyer)
543
544 Broker ^Does ®Does Not acknowledge receipt of Earnest Money deposit specified in § 4.1 and, while not a party to the
545 Contract, agees to cooperate upon request with any mediation concluded under § 23. Broker agrees [hat if Earnest Money
546 Holder is other than the Brokerage Firm identified in § 34 or § 35, Closing Instructions signed by Buyer, Seller, and Eaznest
547 Money Holder must be obtained on or before delivery of Eaznest Money to Earnest Money Holder.
548
549 Broker is working with Buyer as a ^Buyer's Ageut ^Seller's Agent ®Traasaction-Broker in this transaction.
550 ^This is a Change of Status.
551
552 Brokerage Firm s compensation or commission is to be paid by ®Listing Brokerage Firm ^Buyer ^Other
553
Dale: ~ ~~ ~ -~ ~
Brokerage Firm's Name: Setterfield & Bright
Broker's Name: Galen Bright
554
555 ~`zy ~~
Broker's Signature
Address: 407 S Hunter St #3
Phone No.: 970-920-9762 cell 970-379-3877
Fax No.: 970-920-1837
Email Address: galen~aspenreal.com
i56
i57
i58 35. BROKER'S ACKNOWLEDGEMENTS AND COMPENSATION DISCLOSURE.
i59 (To be completed by Broker working with Seller)
i60
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Broker ^Does ^Does Not acknowledge receipt of Earnest Money deposit specified in § 4.1 and, while not a party to the
Contract, agrees to cooperate upon request with any mediation concluded under § 23. Broker agrees that if Earnest Money
Holder is other than the Brokerage Firm identified in § 34 or § 35, Closing Instructions signed by Buyer, Seller, and Earnest
Money Holder must be obtained on or before delivery of Eamest Money to Earnest Money Holder.
Broker is working with Seller as a ^5eller's Agent ^Buyer's Agent ^Transaction-Broker in this transaction.
^This is a Change of Status.
Brokerage Firm's compensation or commission is to be paid by ^Seller ^Buyer ^Other
Date:
Brokerage Firm's Name: Morris & Fyrwald
Broker's Name: Greg Hunter
571
Address:
Phone No.:
Fax No.:
Email Address:
572
Broker's Signature
h~ www.ezConyac[.com Copyright 2002-2009 Initials:
?`ezconrancr CBSl-5-09 Cotmact m Buy aM Sen Real Estate 02/10/10 at 1
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greg~greghunterproperties com
ADDITIONAL PROVISIONS ADDENDUM
TO CONTRACT TO BUY AND SELL REAL ESTATE
DATED February 10, 2010 BETWEEN
Richard and Susan Chelec and/or assiens, AS BUYER AND
City of Aspen, AS SELLER
The language of these additional provisions has not been approved by the Colorado
Real Estate Commission.
1. Addendum Controls: Definitions. In the event of any conflict or inconsistency
between the provisions of this Addendum and the preprinted contract to which it is
attached, the provisions of this Addendum shall govern and control. As used herein, the
"Contract" shall mean the preprinted contract, this Addendum and any amendments,
modifications or extensions thereof.
2. Earnest Money: Interest. Buyer shall deliver the earnest money deposit of
$30.000.00 to the Title Company, in the form of a personal check or wire transfer, on
or before two business days after MEC. All earnest money paid by Buyer in accordance
with this Contract shall be placed in the Title Company's interest bearing money
market-type escrow account with a local commercial bank with all interest accruing
thereon to accrue to the benefit of Buyer, unless such deposit is forfeited to Seller in
accordance with the terms of this Contract.
3. Seller's Non-Foreign Transferor Warranty. Seller represents and warrants to
Buyer that Seller is not subject to withholding as defined under Internal Revenue Code
Section 897 (Foreign Person Transferor). Seller agrees to execute an affidavit at
closing stating that Seller is not a Foreign Person Transferor.
4. Transfer Tax. Buyer agrees that, pursuant to City ordinances enacted in 1990
and 1979, Buyer will pay at closing, the City of Aspen Housing Real Estate Transfer
Tax and the .Wheeler Real Estate Transfer Tax (HRETT and WRETT) which are
calculated as follows: HRETT = (purchase price less $100,000). X .01; WRETT = .005
of the total purchase price.
5. Due Diligence. Buyer shall have a Due Diligence Period, expiring 14 days after
MEC (the "Due Diligence Deadline") in which to conduct such inspections and
evaluations of the Property as Buyer may deem necessary or appropriate. Buyer may,
in its sole and absolute discretion, and without providing any reason therefore, give
written notice of dissatisfaction to Seller or Listing Company at any time between the
MEC Date and 5:00 pm on the Due Diligence Deadline. If such notice of
dissatisfaction is timely given, this Contract shall automatically terminate and be of no
further force or effect, Buyer shall receive an immediate refund of its $30.000.00
earnest money deposit and accrued interest, and the parties shall have no further rights
or responsibilities hereunder. Seller hereby authorizes and directs Land Title Guarantee
Company to deliver such refund to Buyer without further consent or approval of the
Seller being required, and Seller agrees to indemnify, defend and hold harmless Land
Title Guarantee Company for any claims, liabilities or expenses arising from the
./ l' I l''
company's compliance with this provision. If no such notice of dissatisfaction is timely
given, Buyer shall be deemed to have waived its right to terminate the Contract under
this Addendum Paragraph.
6. 1031 Exchange. Buyer and Seller agree to cooperate in any manner reasonably
necessary to assist each other in achieving an 1031 exchange transaction. However, in
no event shall the cooperating party be obligated: (i) to take title to any replacement
property, (ii) to incur any obligation, indebtedness, liability, cost or expense as a result
of cooperation to effect that exchange; (iii) to act as a qualified intermediary for any
deferred like-kind exchange; or (iv) to agree to any extension of the Closing Date. The
exchanging party agrees to indemnify and hold harmless the cooperating party from and
against any and all claims, suits, proceedings, liabilities, damages, losses, costs and
expenses, including without limitation reasonable, attorneys' fees and disbursements in
any way connected with the cooperation with the effort to effect such an exchange.
8. Buyer's right to object shall include, but no be limited to, those matters listed in
Paragraph 13. If Seller receives notice of unmerchantability of title or any other
unsatisfactory title condition or commitment terms as provided in Paragraph 8.1, 8.2
and 8.3, Seller shall use reasonable efforts to correct said items and bear any nominal
expense to correct the same. If such unsatisfactory title condition or commitment term
is not corrected to Buyer's satisfaction on or before the seventh (7th) calendar day after
the last to occur of the Title Objection Deadline, the Survey Objection Deadline and the
Off-Record Matters Objection Deadline, or on or before the Closing Date if it occurs
earlier, or with respect to an objection made after the Title Objection Deadline to a new
Exception as contemplated by paragraph 8.1, within seven (7) calendar days after
Seller's receipt of such objection or on or before the Closing Date if it occurs earlier,
then this contract shall terminate one calendar day after the end of such time period
unless before such termination Seller receives Buyer's written withdrawal of the subject
objection(s).
9. Seller hereby agrees that the Property shall comply with City of Aspen
Ordinance 41 (Series 2008) and that all carbon monoxide detectors shall be installed
and operational at Closing.
10. Interior is being sold AS-IS and is to be finished by buyer. Total of 1,OOOsf
and/or assigns
Date: ~ ~ ~ O " ~~
SELLER:
BU R:
Susan a ec and/or assigns
Date: d ~Q
City of Aspen, By: Stephen Barwick, City Manager
Date:
2
s~
~~
Aepeo Retl 6iN~e aroten
The printed portions of this form, except
SETTERFIELD & BRIGHT
Aspen Real Estate Brokers
Galen Bright, Broker/Owner
407 5 Hunter St. #3 ~ Aspen, Colorado 81611
phone: (970) 920-9762 ~ fax: (970) 920-1837
cell: (970) 379-3877 ~ email: galen(o~aspenreal.com
additions, have been approved by the Colorado Real Estate
Lead-Based Paint Disclosure (Sales)
Attachment to Contract to Buy and Sell Real Estate for the Property known as:
in4 W CoooerAve #5 Aspen
Slate Zip
WARNING! LEAD FROM PAINT, DUST, AND SOIL CAN BE DANGEROUS 1F NOT MANAGED PROPERLY
Penalties for failure to comply with Federal Lead-Based Paint Disclosure Laws include treble (3 times) damages,
attorney fees, costs, and a penalty up to $10,000 (plus adjustment for inflation) for each violation.
Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards
Lead Warning Statement
Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such
property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead
poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence
quotient, behavioral problems, and impaired memory. Lead poisoning also poses a pazticular risk to pregnant women. The Seller of
any interest in residential real property is required to provide the buyer with any information on lead-based pain[ hazazds from risk
assessments or inspections in the Seller's possession and notify the buyer of any known lead-based paint hazazds. A risk assessment or
inspection for possible lead-based paint hazazds is recommended prior to purchase.
Seller's Disclosure to Buyer and Real Estate Licensee(s) and Acknowledgment
(a) Seller acknowledges that Seller has been informed of Seller's obligations. Seller is aware that Seller must retain a copy of this
disclosure for not less than three years from the completion date of the sale.
(b) Presence of lead-based paint and/or lead-based paint hazazds (check one box below):
^ Seller has no knowledge of any lead-based paint and/or lead-based paint hazazds present in the housing.
^ Seller has knowledge of lead-based paint and/or lead-based paint hazards present in the housing (explain):
(c) Records and reports available to Seller (check one box below):
^ Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.
^ Seller has provided Buyer with all available records and reports pertaining to lead-based paint and/or lead-based paint hazazds
in the housing (list documents below):
Buyer's Acknowledgment
(d) Buyer has read the Lead Warning Statement above and understands its contents.
(e) Buyer has received copies of all information, including any records and reports listed by Seller above.
(f) Buyer has received the pamphlet "Protect Your Family From Lead in Your Home".
(g) Buyer acknowledges federal law requires that before a buyer is obligated under any contract to buy and sell real estate, Seller shall
permit Buyer a 10-day period (unless the parties mutually agree, in writing, upon a different period of time) to conduct a risk
assessment or inspection for the presence of lead-based pain[ and/or lead-based paint hazards.
(h) Buyer, after having reviewed the contents of this form, and any records and reports listed by Seller, has elected to (check one box
below):
~~+r www.exCOnnad.com t,opyn&
rzeorn:iner LP45-5-04 Lead-Based Paint I>isclosun: (Sales)
CO
wnazs:
01/10/10 at 11:23
Page 1 of 2
~^ Obtain a risk assessment or au inspection of the Property for the presence of lead-based paint and/or lead-based paint hazards,
within the time limit and under the terms of Section 10 of the Contract to Buy and Sell Real Estate; or
^ Waive the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint
hazazds.
Real Estate Licensee's Acknowledgment
Each real estate licensee signing below acknowledges receipt of the above Seller's Disclosure, has informed Seller of Seller's
obligations and is awaze of licensee's responsibility to ensure compliance.
Certification of Accuracy
I certify that the statements I have made aze accurate to the best of my knowledge.
Date:
eanPr
Date:
Real Estate Licensee
Date:
Seller /`
Date: ~ / /Q //~
Buyer Susan helec
Date: Z ~~~ -~ CJ
Real Estate Licensee (Selling) Galen Bright
www.eZCOntraclcom ~ CopyrlgNt 2W2-ZWtl Imnals: ~ ( _ ~ 4 _
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Morris & Fyrwald Real Estate
Sotheby's International Realty
415 East Hyman Avenue
Aspen, CO 81611
Phone:970-925-6060, Fax:970-925-3138
The printed poRions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission.
(CP40-5-09) (Mandatory 7-09)
THIS FORM HAS IMPORTANT LEGAL CONSEQUINCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX
OR OTHER COUNSEL BEFORE SIGNING.
COUNTERPROPOSAL
Date: v n ~ n , ~m n
1. This Counterproposal shall supersede and replace any previous counterproposal. This Counterproposal amends the proposed
contract dated ,.e*^.9N f n, ~nr n (Contract) between
City of Aspen
(Seller), and
Richard Chelec and/or Assigns
Susan Chelec and/or Assigns
(Buyer), relating to the sale and purchase of [he following legally described real estate in the County of °i r><~ ^ Colorado:
Aspen West Condominiums #5
known as No. ' r cf gs, n r ar of ~ , (Property).
^Street Address City State Zip
[NOTE: If any item is left blank or fhe term "No Change" is inserted, it means no change. The abbreviation "N/A" or
the word "Deleted" means not applicable and when inserted on any line in Dates and Deadlines (§ 23) means that the
corresponding provision of the Contract to which reference is made is deleted.]
2. § 23c. DATES AND DEADLINES. [OMITTED AS INAPPLICABLE]
[NOTE: This table may be deleted if inapplicable.]
3. § 4 PURCIIASE PRICE AND TERMS.
[Note: This table may be deleted d' inapplicable.]
The Purchase Price set forth below shall be payable in U. S. Dollars by Buyer as follows:
Item No. Refereuce Item Amount Amount
:
1 § 4.1 Purchase Price $ 599, o00 ;
;:;
2 4.2 Eames[Mone $ so,ooo
3 45 New Loan n/a
4 4.6 Assum Lion Balance n/a
5 4.7 Seller or Private Financin " ' . n/a
6 n/a n/a n/a n/a
7 n/a n/a n/a n/a
8 43 Cash a[ Closin
~~ 549,000
9 TOTAL $ 599,000 $ 599,000
35
36 4. ATTACHMENTS. The following are a part of this CounterproposaL•
37 n/a
38
PREPARED BY: Greg Hunter, Broker
CP40-5-09 COUNTERPROPOSAL. Colorado Real Estate Commission
ReaIFA$T® Software, te72070, Version 6.16. Software Registeretl to: Craig Morris, Morris 8 Fyrwald Real Estate Sotheby's In[emational Realty
02/11/10 13:25:78
Buyer(s)
Page t of 2
Seller(s)
39 Note: The following disclosure forms are attached but are Dot apart of this Counterproposal:
40 n/
41
42 5. OTHER CHANGES.
43 RE ADDITIONAL PROVISIONS ADDENDUM:
1) #'S 2 6 5: Both refer to a $30,000 Earnest Money deposit. Per Section 4.1 #2, the Earnest
Money shall be $50,000.
2) Re #9: Deleted.
3) The square footage is represented as approximately 999 sq. feet. If the exact sq. footage of
the Property is important to the Buyer then the Buyer s hereby advised to measure the Property as a
part of their Due Diligence.
S
3) Thia contract shall be contingent upon the City of Aspen's City Cousn it approval as shall
be evidenced by a duly adopted resolution dated no later than February~A; 2010. Should City S~
council fail to approve this Contract by this date then Seller shall have the right to terminate
this Contract by giving written notice to Buyer, which must be received on or before February ~'B„~~2
2010. If no such notice is received by the Buyer on or before February a$/ 2010 then it shall be
assumed that this contingency is satisfied. Sl~i
45 6. ACCEPTANCE DEADLINE. This Counterproposal shall expire unless accepted in writing by Seller and Buyer as
46 evidenced by their signatures below and the offering party [o this document receives notice of such acceptance on or before
47 Fer.r,.=,~. 19, ~n1n a•nn vra .
48 Date Time
49
50
51 If accepted, the Contract, as amended by this Counterproposal, shall become a contract between Seller and Buyer. All other terms
52 and conditions of the Contract shall remain the same.
BUYER DATE
Richard Chelec and/os Assigns
BUYER DATE
Susan Chelec and/or Assigns
Email Address: nJ=
City of Aspen 111N/ /~
SELLER `//`I//'~C~Y//"`~' L ~
DATE
Z -//- /o
By: Steve Barwack, City Manager
Email Address: y/
53
54 Note: When [his Counterproposal forth is used, the Contract is Dot to be signed by the party initiating [his Counterproposal.
PREPARED BY: Greg Hunter, Broker
CP40-5-09 COUNTERPROPOSAL. Coloratlo Real Estate Commission
ReaIFA$T® Software, m2010, Version 6.16. Software Registered to: Craig Morris, Morris & Fyrwald Real Estate Sotheby's International Realty
02/11/10 13:25:16
Pege 2 of 2
Phon
Morris & Fyrwald
Sotheby's International Realty
415 East Hyman Avenue
Aspen, CO 81611
e:970-925-6060, Fax:970-920-9993
The printed portions of this form, except differentiated additions, have been approved by the Colorndo Real Estate Commission.
(CL8-9-08) (Mandatory 1-09)
THiS FORM HAS IMPORTANT LEGAL CONSEQOENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX
OR OTHER COUNSEL BEFORE SIGNING.
CLOSING INSTRUCTIONS
Date: xer,~^••~• ~~, omn
9 1. PARTIES, PROPERTY.
10 City of Aspen
11 ,Seller, and
Richard Chelec
12 Susan Chelec
13 ,Buyer, engage, T a^~ m; rr < r_,.,r,,,,reo r..,~~., ,Closing Company,
14 who agrees to provide closing and settlement services in connection with the Closing of the transaction for the sale and purchase
IS ofthe Property
16 known as No. ~ ne w r ~ n , ss, n~_, rn ar ~r i
17 Street Address City State Zip
18 and more fully described in the Contract to Buy and Sell Real Estate, dated c=*^~= ;~ ~ n , ~nr n ,including any
19 counterproposals and amendments (Contract).
20
2t 2. INFORMATION, PREPARATION. Closutg Company is authorized to obtain any information necessary for the Closing.
22 Closing Company agrees to prepare, deliver, and record those documents (excluding legal documents) that ate necessary to
23 carry out the terms and conditions of the Contract.
24
25 3. CLOSING FEE. Closing Company will receive a fee not to exceed $ asn nn for providing these closing
26 and settlement services.
27
28 4. RELEASE, DISBURSEMENT. Closing Company is not authorized to release any signed documents or things of
29 value prior to receipt and disbursement of Good Funds, except as provided in §§ 8 and 9.
30
31 5. DISBURSER. Closing Company shall disburse all funds, including real estate commissions, except those funds as may
32 be separately disclosed in writing to Buyer and Seller by Closing Company or Buyer's lender on or before Closing. All parties
33 agree that no one other than the disburser can assure that payoff of loans and other disbursements will actually be made.
34
35 6. SELLER'S NET PROCEEDS. Seller will receive the net proceeds of Closing as indicated:
36 ^ Cashier's Check at Seller's expense ^ Funds Electronically Transferred (wire transfer) to an account specified by Seller,
37 at Seller's expense ~ Closhtg Company's trust account check.
38
39 7. CLOS[NG STATEMENT. Closing Company will prepare and deliver an accurate, complete and detailed closing
40 statement to Buyer and Seller at time of Closing.
41
42 8. FAILURE OF CLOSING. [f Closing or disbursement does not occur on or before Closing Date set forth in the Contract,
43 Closing Company, except as provided herein, is authorized and agrees to relum al( documents, monies, and things of value to
44 the depositing party, upon which Closing Company will be relieved from any further duty, responsibility or liability in
45 connection with these Closing Instmctions. In addition, any promissory note, deed of trust or other evidence of indebtedness
46 signed by Buyer shall be voided by Closing Company, with the originals returned to Buyer and a copy to Buyer's lender.
47
48 9. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Eamest Money Holder shall release the Earnest
49 Money as directed by written mutual instructions, signed by both Buyer and SeIler. ]n the event of any controversy regarding the
50 Eamest Money (notwithstanding any termination of the Contract), Eamest Money Holder shall not be required to take any action.
PREPARED nY: Greg Hunter, Broker Aasoclate
CLe-s-OB Closing Instructions. Colorado Real Estate Commission
ReaIFA$T® Software, ®2010, Version 6.16. Software Registered to: Crelg Moms, Moms & Fyrwaltl Sotheby's International Realty page 1 of 3
Buyer(s) 02/12!1013:33:16 Seller(s)
51 Earnest Money Holder, at its option and sole discretion, may (1) await any proceeding, (2) interplead all parties and deposit
52 Earnest Money into a court of competent jurisdiction and shall recover court costs and reasonable attorney and legal fees, or (3)
53 provide notice to Buyer and Seller that unless Earnest Money Holder receives a copy of the Summons and Complaint or Claim
54 (between Buyer and Seller) containing the case number of the lawsuit (Lawsuit) within one hundred twenty days of Earnest
55 Money Holder's notice to the parties, Earnest Money Holder shall be authorized [o return the Earnest Money to Buyer. In the
56 event Earnest Money Holder does receive a copy of the Lawsuit, and has not interplead the monies at the time of any Order,
57 Earnest Money Holder shall disburse the Earnest Money pursuant to the Order of the Court.
58
59 10. SUBSEQUENT AMENDMENTS. Any amendments ta, or termination of, these Cosing Instructions must be m writing
60 and signed by Buyer, Seller and Closing Company.
61 11. CHANGE IN OWNERSHIP OF WATER WELL. Within sixty days after Closing, Closing Company shall submit any
62 required Change in Ownership form or registrtion of existing well form to the Division of Water Resources in the Department
63 of Nattrrnl Resources (Division), with as much information as is available, and the Division shall be responsible for obtaining the
64 necessary well registration information directly from Buyer. Closing Company shall not be liable for delaying Closing to ensure
65 Buyer completes any required form.
66
67 12. WITHHOLDING. The Internal Revenue Service and the Colorado Department of Revenue may require Closing
68 Company to withhold a substantial portion of the proceeds of this sale when Seller either (a) is a foreign person or (b) will no[
69 be a Colorado resident after Closing. Seller should inquire of Seller's tax advisor to determine if withholding apphes or if an
70 exemption exists.
71
72 13. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate
73 Commission)
74 =!
75
76 14. COUNTERPARTS. This document may be executed by each party, separately, and when each party has executed a copy,
77 such copies taken together shall be deemed to be a full and complete contract between the parties.
78
79 15. BROKER'S COPIES. Closing Company shall provide, to each broker in this transaction, copies of all signed documents
80 that such brokers are required to maintain pursuant to the rules of the Colorado Real Estate Commission.
81
82 16. NOTICE, DELIVERY AND CHOICE OF LAW.
83 16.1 Physical Delivery. Except as provided in § 16.2 below, all notices must be in writing. Any notice or document to
84 Buyer shall be effective when physically received by Buyer, any individual buyer, any representafive of Buyer, or Brokerage
85 Firm of Broker working with Buyer. Any notice or document to Seller shall be effective when physically received by Seller,
86 any individual seller, any representative of Seller, or Brokerage Firm of Broker working with Seller. Any notice or document
87 to Closing Company shall be effective when physically received by Closing Company, any individual of Closing Company,
88 or any representative of Closing Company.
89 16.2 Electronic Delivery. As an alternative to physical delivery, any signed documents and written notice may be
90 delivered in electronic form by the following indicated methods only: QSI Facsimile ®E-mail 0 Internet ~ No Electronic
91 Delivery. Documents with original signatures shall be provided upon request of any party.
92 16.3 Choice of Law. This contract and all disputes arising hereunder shall be governed by and construed in accordance
93 with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contrail in this state for
94 property located in Colorndo.
95
City of Aspen
SELLER i
By: Steve Bar
DATE
Z-//-/c~
Email Address:
PREPARED BY: Greg Hunter, Broker Associate
CL8-0-OB Closing Instructions. Coloratlo Real Estate Commission
ReaIFAST® Software, ®2010, Version 6.76. Satlware RegistereC to: Crelg Monis, Mortis 8 FyrwaM Sotheby's International Really
OZ12/t0 13:33:18
Buyer(s)
Page 2 of 3
SLIYER
Richard Chelec
BOYER
Susan Chelec
Email Address:
96 Date: -
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DATE
DATE
Closing Company Name: * •+ m f i r ~ r
Authorized Signature Title
Address:
Phone No.:
Fax No.:
Email Address:
(TO BE COMPLETED ONLY BY BROKER AND CLOSING COMPANY)
M^r.-;Q : ;.,,.alA Cnrl,clr~v (Broker) ® Working with Seller ~ WorkingwithBuyer engages
Closing Company as Broker's scrivener to complete, for a fee not to exceed $ s nn at the sok; expense of Broker,
the followin legal docwnents:
® Deed ~ Bill of Sale ~ Colorado Real Estate Commission approved Promissory Note ~ Colorado Real Estate
Comm'ssion approved Deed of Trust. Closing Company agrees to prepare, on behalf of Broker, the indicated legal documents
pursuant to the terms and conditions of the Contract. '
The documents stated above shall be subject to Broker's review and approval and Broker acknowledges that Broker is
responsible for the accuracy of the above documents.
Date: F=*r rv 1'l ,_7n1n
Brokerage Firm's Name: M^- _ ~ ~•-d=1 A c^nc~hz ~ _
Broker's Name:
I/ I
•oker's Signature
Date:
Closing Company Name: T °^a m• ri r * r ~ z
Authorized Signature
PREPARED BY: Greg Hunter, Broker Associate
C1.6-g-08 Closing Instructions. Colorado Real Estate Commission
ReaIFA$T® Software, m2010, Varabn 6.16. Software Registered to: Creig Moms, Mortis & Fyiwald Sothebya Intemaaonal Reaay
02H 2170 13:33:16
Title
Page 1 of 1
Seller(s) _
1~"il ~.,
the City of Aspen
City pnorneV~ Office
MEMORANDUM
TO: Mayor and Members of Council
FROM: Bill Linn
DATE: February 11, 2010
RE: Code Amendment Regarding Chapter 12.08 of The Aspen Municipal Code,
Solid Wastes, Wildlife Protection
Attached for your consideration and review is a proposed Ordinance which, if adopted, would
amend Chapter 12.08 Of The Aspen Municipal Code, Solid Wastes, Wildlife Protection.
In 2008 the Council amended the above referenced Chapter of the Code to provide more stringent
requirements for wildlife resistant refuse containers. The changes that were made in 2008, along
with extensive public education by the police department, have been for the most part effective in
reducing the attractiveness of refuse containers to our indigenous bear population. However there
remains some enforcement issues, that could be remedied through additional changes to the Wildlife
Ordinance.
In 2009, during a very busy and taxing bear season several flaws were identified. The present code
states that individuals in residential areas may set out gazbage on the day of trash pick-up without
the use of a wildlife resistant container. This has proven to create a significant problem in attracting
and habituating beazs to human food sources. The present code also states that refuse containers
must have the street address and unit number permanently affixed to the container with digits no
smaller than two inches in height. This puts the responsibility of maintaining a refuse container
database on that of the Police Department, which is neazly impossible. And lastly, the present code
states that at construction sites must have a designated container that receives refuse edible by
wildlife. This container shall be either awildlife-resistant refuse container or a container that is
emptied at the end of each workday and then securely stored inside a trailer or building.
Unfortunately a problem still exists at construction sites as to human food waste being placed into
roll-off dumpsters.
The proposed ordinance change includes:
• All refuse containers placed outside for day of pick service must be wildlife resistant.
Wildlife-resistant refuse containers may be placed outside between the hours of 6AM and
t
7PM. This proposed change will eliminate bear access to human-food sources, thereby
decreasing bear habituation.
Haulers operating within the city limits are required to identify each refuse container. The
refuse container identification must relate back to the current client responsible for the
container.
This proposed change will greatly increase our ability to contact the responsible refuse
container owner regarding issues ofnon-compliance or to resolve any damage as a result
of a bear intrusion.
Must have awildlife-proof refuse container in conjunction with on-site roll-off
dumpster. This proposed change will minimize the possibility of food refuse being placed
into aroll-off construction dumpster, thereby reducing the bears access to human-food
sources. This is consistent with Pitkin County code.
This ordinance also clears up some other minor inconsistencies that existed in the Code.
The Police Department with contributions from the City Attorney's Office, Environmental Health,
and Community Development, developed these proposed changes. To ensure cooperation from area
trash haulers, Police Department staff has communicated the proposed changes and extent of the
bear problem to those businesses.
CITY MANAGER'S COMMENTS:
cc: City Manager
Aspen Chief of Police
ORDINANCE N0.
(Series of 2010)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING CHAPTER 12.08 OF THE ASPEN MUNICIPAL
CODE, SOLID WASTE, WILDLIFE PROTECTION.
WHEREAS, Section 12.08 sets forth the requirements for refuse containers designed
for the protection of wildlife; and
WHEREAS, since the initial adoption of certain amendments to the Code in 2008,
additional problems have been encountered particularly regarding refuse left outside on the
day of pick-up and refuse placed into construction containers; and
WHEREAS, certain difficulties have been encountered in enforcement due to the
lack of a data base regarding the containers themselves; and
WHEREAS, the Community Safety Division of the Aspen Police Department be-
lieves that amending the Code to more specifically address certain concerns that have been
encountered since the last amendment will aid the city in addressing ongoing wildlife is-
sues, particularly as they relate to frequent bear encounters; and,
WHEREAS, the amendments to the Code are delineated as follows:
• Text being removed is delineated with strikethrough. T°°*'~°~~° -°-~°°°a
• Text being added is bold and underline. Text beine added looks like this.
• Text which is not highlighted is not affected; and
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1: The City Council hereby,amends Chapter 12.08 to read as follows:
The definitions and terms used in this Chapter are defined as follows:
(1) Wildlife means any non-domestic mammal indigenous to the Roaring Fork Val-
ley including but not limited to bear, deer, elk, raccoon, coyote, beaver, skunk, badg-
er, bobcat, mountain lion, porcupine and fox.
(2) Attractant means anv substance which could reasonably be expected to attract
wildlife or does attract wildlife, includine, but not limited to, food products, pet food,
feed, compost containing_fruit, grain, or salt but shall not include recyclables.
(31 Refuse mean anv waste that could reasonably attract wildlife which includes, but
shall not be limited to, kitchen organic waste, food, food packagi~¢, toothpaste, deo-
dorant, cosmetics, spices, seasonings and grease. Refuse does not include recce
lables.
(~{2) Wildlife-resistant refuse container means a fully enclosed container that can
be constructed of pliable materials, but must be reinforced to deter access by wildlife.
The container must employ a sturdy lid that has a latching mechanism preventing
access to its contents by wildlife. Wildlife Resistant Containers must meet the stan-
dards of testing by the Living With Wildlife Foundation and approved by the Intera-
gency Grizzly Bear Committee (IGBC) as bear resistant for 90 minutes or otherwise
be approved by aCity-designated official. (Ord. No. 27-2005, §1; Ord. No. 8-2008)
(~ Wildlife-resistant dumpster enclosure means an enclosed structure consisting
of four (4) sides and a secure door or cover, which shall have a latching device of
sufficient design and strength to prevent access by wildlife. The enclosure shall not
be larger than necessary to enclose the trash receptacles, shall not be attached to an
historic structure, shall not be located in a public right-of--way and shall be located
adjacent to the alley where an alley borders the property. Wildlife-resistant dumpster
enclosures located in the Commercial Core (CC) and the Commercial (C-1) Zoning
Districts are required to comply with Subsections 26.710.140.D.6 and
26.710.150.D.6, as applicable. An enclosure of less than one hundred twenty (120)
square feet shall not require a building permit or Community Development review;
however, plans for the dumpster are required to be reviewed and approved by a City
Community Safety Officer or an Environmental Ranger prior to the commencement
of construction. An enclosure of one hundred twenty (120) square feet or larger re-
quires abuilding permit.
(6 Wildlife-proofrefuse container means a fully enclosed metal container with a metal
lid. The lid must have a latchine mechanism, which prevents access to the contents by
wildlife. Wildlife-proof refuse containers must meet the standards of testing_by the
Living With Wildlife Foundation and a "passim" rating by the Interaeencv Grizzly
Bear Committee (IGBC) as bear resistant for 60 minutes or otherwise be approved by
a City-designated official.
(~ (4~ Outdoor Gathering ~ means an outdoor event ^" such as a
concert, conference or festival.
(~ (~ Enforcement officer means any Aspen Police Officer, Community Safety Of-
ficer, Environmental Ranger or City-designated official.
(~ (6)-Refuse container means any trash can, dumpster or similar device used for the
collection and storage of solid waste but shall not include cans intended only for con-
tainingrecyclables.
Sec. 12.08.020. Wildlife resistant refuse containers or enclosures required.
A. No owner or person in charge of a property shall cause or allow the creation of or
maintain a wildlife accessible refuse container or attractant outside on that property or
the adjacent right-of-way at any time.
A- B. Any refuse container left outside a house ara e or other enclosed buildin which is
accessible by wildlife, regardless of size, that receives refuse which is edible by bears or
other wildlife shall be either:
(1) An approved wildlife-resistant refuse container; or
(2) An approved wildlife-resistant dumpster enclosure.
(3) An approved wildlife-proof refuse container.
r;~o.....,.... a.......~.e_ ,. ~
I4. C. Any trash hauler who provides a refuse container to a city customer shall only pro-
vide wildlife-resistant refuse containers, wildlife-resistant dumpsters or wildlife-resistant
poly carts, which meet the requirements set forth herein or is approved by a City-
designated official.
Sec. 12.08.030. Maintenance and operation ofwildlife-resistant refuse containers and dump-
ster enclosures.
A. Wildlife-resistant-refuse containers and dumpster enclosures must be kept closed
and secure when refuse is not being deposited.
B. If a container or enclosure is damaged, allowing access by wildlife, repairs must
be made within seventy-two (72) hours after written notification by aCity-designated offi-
cial
C. Providers are required to display their business name on all receptacles they pro-
vide within the City.
D. Providers are required to permanently affix each individual refuse container with a
unique identifying number or code.
E. Providers must maintain a database that relates the refuse container number or code
to the current name and address of the client responsible for that container The provider
must make this database immediately available to any designated City of Aspen enforce-
ment official.
Sec. 12.08.040. Residential refuse disposal.
__-_ ____ __°__ _, a_ °a• ... .........................,..........~...., ..~ ..,fir
A. Any refuse container left outside a house garaee or other enclosed building which is
accessible by wildlife, regardless of size that receives refuse which is edible by bears or
other wildlife shall be either an approved wildlife-resistant refuse container or an approved
wildlife-resistant dumnster enclosure or an approved wildlife-proof refuse container
B. Residents with curbside nick-up shall place only wildlife-resistant refuse containers or
an approved wildlife-proof refuse container at the curb alley or public right of way at or
after six o'clock (6:00) A M on the mornine of scheduled pick up After pick up all con-
tainers must be removed from the curb alley or public right of way by seven o'clock (7.00
P.M. on the same day.
C. Other household waste that cannot reasonably be considered "refuse" or an "attractant"
as defined in this chanter including but not limited to• non-edible yard maintenance
waste, household items, recvclables and cardboard shall not require the use of wildlife
resistant or wildlife proof containers when not commingled with refuse or any other attrac-
tant.
Sec. 12.08.050. Outdoor gathering r^^~ refuse disposal.
Outdoor gatherings °~°°~~'-^~~^r~ites shall be kept free from the accumulation of
refuse edible by wildlife. Refuse must be collected from the grounds at the close of each
day's activities and shall be deposited in wildlife-proof resistant containers or enclosures or
be removed to an appropriate disposal site.
Sec. 12.08.060. Feeding of wildlife.
A. No person shall knowingly leave or store any refuse, food product, pet food, grain
or salt in a manner which would constitute a lure attraction or enticement of wildlife.
B. Bird feeders are allowed. However, between the dates of April 15th and Novem-
ber 15th, all feeders must be suspended on a cable or other device so that they are inaccess-
ible to bears and the area below the feeders must be kept free from the accumulation of
seed debris.
Sec. 12.08.070. Construction site refuse disposal.
All construction sites must have a separate specifically designated container that
receives refuse edible by wildlife. This container shall be a wildlife-proof refuse container.
Section 2: Severability.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 3. Existing Litigation.
This ordinance shall not have any effect on existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
amended as herein provided, and the same shall be construed and concluded under such prior
ordinances.
Section 4. Notice
A public hearing on the ordinance was held on , 2010, in the Aspen City Council
Chambers, 130 S. Galena St., Aspen, Colorado, fifreen (15) days prior to which hearing a
public notice of the same was 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 _ day of 2010.
Michael C. Ireland, Mayor
ATTEST:
Kathryn Koch, City Clerk
FINALLY, adopted, passed and approved this day of , 2010.
ATTEST:
Kathryn Koch, City Clerk
Michael C. Ireland, Mayor
APPROVED AS TO FORM:
John Worcester, City Attorney
~~b
MEMORANDUM
TO: Mayor and City Council
FROM: Ben Gagnon, Special Projects Planner ~~
THROUGH: Chris Bendon, Director, Community Development I J^n L~
Department vY1~V ~
DATE OF MEMO:
MEETING DATE
February 15, 2010
February 22, 2010
RF,: Amendment to the Text of the Land Use Code to
Establish a Certificate of Affordable Housing Credit,
First Reading of Ordinance No. ~p ,Series of 2010
APPLICANT /OWNER:
Ajax Apartments LLC
REPRESENTATIVE:
Peter Fornell
LOCATION:
Proposed amendment to the text of the
Land Use Code applicable within the City
of Aspen.
PROPOSED LAND USE CODE
AMENDMENT:
Applicant seeks a code amendment that
will allow developers of deed-restricted
affordable housing that is not developed for
the purpose of mitigation to obtain a
"Certificate of Affordable Housing CrediP'
that may later be used, or transferred to
another entity and used, to meet affordable
housing mitigation requirements for some
future land use development.
STAFF RECOMMENDATION:
Staff recommends that City Council
determine that this Amendment to the Land
Use Code meets required standards.
SUMMARY:
Applicant requests that the Council
determine that this Amendment to the Land
Use Code meets required standards.
BACKGROUND: Applicant is in a parallel review process that seeks approval to
demolish a residential structure with four (4) existing free market units and replace it with
a new residential structure that contains eight (8) deed-restricted affordable housing units.
While the applicant is not required to build these deed-restricted units for the purpose of
mitigation, he is seeking the ability to sell them in the future as mitigation "credits" to
other entities who desire to use them for affordable housing mitigation.
The City of Aspen Land Use Code does not currently accommodate this course of action,
and the City does not currently have the ability to establish or otherwise grant such a
"Certificate of Affordable Housing Credit."
LAND USE REQUEST AND REVIEW PROCEDURES: The applicant is requesting
the following land use approvals from the City Council:
• Amendment to the Text of the Land Use Code - An application for Amendment
to the Text of the Land Use Code, pursuant to Land Use Code Section
26.310.020, requires the City Council, at a public hearing, to determine if the
application meets the standards for an amendment to the Land Use Code. The
City Council is the final decision-makine body
STAFF FINDINGS: Many of the standards of review for an amendment to the Land Use
Code do not apply to this proposal. For example, various standards ask whether the
proposal is "compatible with surrounding zone districts;" if it would have an impact on
"traffic generation;" if it would place "demands on public facilities;" or if it would have
"adverse impacts on the natural environment." This proposal to amend the Land Use
Code would not increase allowable Floor Area Ratio, maximum height, maximum
density allowances - it would not change any existing dimensional requirement in any
zone district. Therefore, the code amendment would not have any impact on surrounding
zone districts, traffic generation, public facilities or infrastructure, or the natural
environment.
Once a developer has received approval to build deed-restricted affordable housing that is
not required for the purpose of miti ag tion, this code amendment would simply allow for
the establishment of a "Certificate of Affordable Housing Credit." This credit would
account for the number of Full-Time-Employees (FTEs) that the new deed-restricted
housing would accommodate, according to Aspen Pitkin County Housing Authority
(APCHA) Guidelines. Finally, the credits would be transferrable to other entities for the
purpose of meeting affordable housing mitigation requirements imposed as part of some
other land use application.
The standards of review that are relevant to this proposed code amendment are 1) If the
proposed amendment is consistent with the Aspen Area Community Plan, and 2) If it is
consistent with "community character," and 3) Whether it's "in harmony" with the
purpose and intent of the Land Use Code.
Encouraging the private sector to produce affordable housing is a priority of the 2000
AACP, which states that, "The public and private sectors should work together to ensure
success in providing affordable housing." (Goal C, pg 27.) The 2000 AACP also
"Encourage(s) greater participation by the private sector in developing affordable
housing." (Goal E, pg 27.)
The critical questions for staff are whether this code amendment would encourage or
inhibit the development of affordable housing, and whether a Certificate of Affordable
Housing Credit is an acceptable form of mitigation.
2
Because the ability to sell a Certificate of Affordable Housing Credit would add to the
revenue stream of building affordable housing, staff believes the code amendment would
encourage the private sector to develop new affordable housing, although probably
limited to converting some of the more dilapidated multi-family housing stock. (There is
more discussion on this point later in the memo.)
Because a Certificate of Affordable Housing Credit could only be issued afrer new
affordable housing is built and occupied, the subsequent use of these certificates as
mitigation would offset negative development impacts before they occur, and would
therefore be a preferred form of mitigation. In fact, staff believes such credits would be a
far better form of mitigation than cash in lieu payments, or Accessory Dwelling Units.
Mitigation for Single-family and Duplex Redevelopment. The code amendments could
have a substantial impact on how mitigation is provided for the redevelopment of single-
family and duplex structures. The Growth Management system currently provides five
options for property owners choosing to demolish, replace and expand asingle-family
home:
1) Provide an above-grade, detached Accessory Dwelling Unit (ADU);
2) Provide a partially or fully sub-grade, and/or attached ADU through Special Review;
3) Provide anoff--site, deed-restricted affordable housing unit;
4) Pay cash-in-lieu;
5) Establish a Resident Occupied (RO) deed restriction on the single-family home.
The overwhelming majority have chosen the option of building an ADU or paying cash-
in-lieu. There are drawbacks to both of these mitigation options:
- Cash-in-lieu payments do not immediately translate into affordable housing,
meaning the impacts of redevelopment can be felt for years before affordable
housing is created to offset the impacts;
- Building an ADU (usually at the minimum standard of 300 square feet) can result
in local residents renting them, but occupancy is not mandatory. While the program
can result in the positive result of affordable housing spread throughout town,
occupancy rates are estimated at 20-30%.
If this code amendment is approved, it would create a new option for a property
owner/developer to provide housing mitigation by purchasing a "credit" for affordable
housing that has already been built and occupied. This is the equivalent of Option #3
above: Provide anoff-site, deed-restricted affordable housing unit.
Staff believes that adding a 5`~ option -the ability to buy a Certificate of Affordable
Housing Credit -would become the most desirable option to achieve community housing
goals. It would also be an attractive option for the property owner needing to provide
mitigation: For those who don't want to build an ADU, they can save money by
purchasing a certificate of credit that is priced lower than the cash in lieu requirement.
Redevelopment of Dilapidated Multi-Family Housing. Although redeveloping single-
family or duplex homes into 100% affordable housing does not make sense financially,
3
the ability to sell "credits" as mitigation could be a viable financial option for converting
some free market multi-family housing into 100% affordable housing.
A basic pro forma analysis by staff showed that converting asingle-family or duplex lot
in the R-6 or R-15 zone district to 100% affordable housing through the sale of FTEs
would yield about half the revenue compared to a traditional free market sale. However,
the significant redevelopment obstacles posed for multi-family housing by the city's
Growth Management system could make a 100% conversion to affordable housing
financially viable, in some cases.
When multi-family properties aze redeveloped into a mix of free market and deed-
restricted housing, according to our current Growth Management system, a problem
crops up: How do you establish a fair system of homeowner's association charges related
to capital reserves or future capital improvements? The Aspen Pitkin County Housing
Authority has struggled with this issue, and prefers not to see deed-restricted units mixed
with free market units in m~xlti-family properties.
Therefore, staff believes this code amendment could achieve a number of community
goals:
/ Abetter mitigation option compared to ADUs or cash in lieu;
/ The conversion of some dilapidated free market multi-family housing stock into
permanently deed-restricted housing;
/ By requiring 100% affordable housing in redeveloped multi-family properties, it
avoids an inequity issue with regard to future capital improvements.
At the same time, it should be recognized that those who want to redevelop free mazket
multi-family housing into affordable housing are taking a risk that there will be enough
demand for mitigation to support their certificate-based pro forma.
Quality of Housing Built in Exchange for Certificates. The proposed code amendment
would require that any housing built for the purpose of obtaining certificates of credit
must meet the same requirements and go through the same review process that's required
to build housing for the purpose of mitigation. Applicants must meet APCHA Guidelines,
they must obtain a recommendation from APCHA, and they must be approved by the
P&Z.
Certificates as Mitigation for P&Z-Reviewed Developments. The Growth
Management system encompasses much more than the demolition, replacement and
expansion ofsingle-family homes or duplexes. There are more than a dozen development
or redevelopment scenarios included in Growth Management -most are reviewed by the
Planning and Zoning Commission, and some are reviewed by City Council.
For land use applications that are reviewed by the P&Z under Growth Management,
housing mitigation is provided in the following ways, according to Section 26.470.070.4:
• Newly built units or buy-down units within the City limits.
• Units outside city limits must be approved by Council.
4
• For mitigation of less than one unit, cash in lieu may be accepted by P&Z.
• For mitigation of more than unit, cash in lieu must be approved by Council.
• All units must be at least 50%above-grade.
• All units must be at Category 4 or lower.
• All units must comply with APCHA Guidelines.
Cleazly, the most preferred option is the provision of newly built units or buy-down units
within Che city limits. The provision of cash in lieu is a less desirable type of mitigation,
which is why the Growth Management system gives the P&Z, or City Council the
authority to specifically approve or deny a cash in lieu transaction.
The proposed code amendment would add an option to use a certificate of affordable
housing credit to meet mitigation requirements - but it would be processed
administratively by the Community Development Director. This is due to the fact that the
P&7_ must have already approved the establishment of a certificate of affordable housing
credit before it can be used. The housing credit is the equivalent of the most preferred
form of mitigation -newly built unit(s) -and therefore there is no need for further
review.
Again, the market would dictate that those who are selling certificates of credit must set
their price just below the cash in lieu that would otherwise be paid in order to be an
attractive option for developers who need housing mitigation. As previously stated, staff
sees the provision of certificates as a superior form of mitigation compared to the
payment of cash in lieu.
Certificates as Mitigation for Council-Reviewed Developments. The two types of
development for which the City Council establishes housing mitigation are developments
requiring Multi-year Growth Management Allotments, and Essential Public Facilities.
In both cases (and unlike P&Z reviews), the code uses discretionary language that allows
the Council to decide what mix of mitigation is appropriate. Staff finds that this
discretionary language allows Council to determine whether Certificates of Affordable
Housing Credit are appropriate on a case-by-case basis.
Building Affordable Housing for Two Purposes. The code amendment may also have
other impacts. It could encourage large employers who are interested in providing
housing for employees -and also have the potential for involvement in future land use
developments -- to go ahead and acquire affordable housing before it is mandated
through mitigation. This would allow employers to provide housing for employees right
away, and later use the housing as mitigation for some future project.
Technical Code Language. In addition to adding a chapter to the land use code to
establish, transfer and extinguish a Certificate of Affordable Housing Credit, several
parallel code amendments are suggested. One makes it possible for the owner of free
market multi-family housing to replace it with 100% deed-restricted affordable housing-
only, an option that is not currently addressed in the land use code. Another allows for
5
those demolishing and redeveloping asingle-family home or duplex to buy affordable
housing credits for mitigation. The other language changes allow for Certificates of
Affordable Housing Credit to be used as mitigation for projects under the Growth
Management review authority of the P&Z and City Council.
PLANNING AND ZONING COMMISSION REVIEW: The Planning and Zoning
Commission voted 6-0 on January 19, determining that the proposed code amendment
met the required standards of review. The only concerns related to whether this would
generate a rash of PUDs in residential neighborhoods. Staff has since conducted a basic
pro forma analysis that shows converting single-family or duplex lots into 100%
affordable housing, and selling the FTEs, would yield only about half the revenue
compared to a traditional free market sale. Minutes of the P&Z meeting are attached.
ASPEN PITKIN COUNTY HOUSING AUTHORITY REVIEW: The Aspen Pitkin
County Housing Authority Board reviewed the proposed code amendment during a
January 8 meeting, and recommended approval of the code change. This was an informal
review and recommendation. It is not officially required as part of the land use review
process. (See Exhibit F.)
RECOMMENDATION: Staff recommends in favor of these code amendments, finding
that they meet or exceed the standards of review.
RECOMMENDED MOTION: If the Mayor and City Council choose to recommend
approval of the request, they may use this motion, "I find that these code amendments meet
the required standards of review for an Amendment to the Text of the Land Use Code."
ATTACHMENTS:
Exhibit A -Existing code language; excerpts of Section 26.470 Growth Management
Exhibit B -Proposed code language; excerpts of Section 26.470 Growth Management
Exhibit C -Staff findings
Exhibit D -Planning and Zoning Commission /Resolution No. 3, Series of 2010
Exhibit E -Planning and Zoning Commission minutes /January 19, 2010
Exhibit F -Aspen Pitkin County Housing Authority Board review /January 8, 2010
6
ORDINANCE NO.ID,
(SERIES OF 2010)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AN
AMENDMENT TO THE TEXT OF THE LAND USE CODE OF THE CITY OF
ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Department received an application
from Ajax Apartments LLC, represented by Peter Fornell, requesting an Amendment to
the Text of the Land Use Code.; and,
WHEREAS, upon initial review of the application and the applicable code
standards, the Community Development Department recommended in favor of the
proposed Amendment to the Text of the Land Use Code; and,
WHEREAS, during a duly noticed public hearing on January 19, 2010, the
Planning and 7.oning Commission approved Resolution No. 3, Series of 2010, by a 6-0 vote,
finding that the Amendment to the Text of the Land Use Code met the required standards of
review; and,
WHEREAS, the Aspen City Council has reviewed and considered the Amendment
to the Text of the Land Use Code under the applicable provisions of the Municipal Code as
identified herein, has reviewed and considered the recommendation of the Community
Development Director, the applicable referral agencies, and has taken and considered public
comment; and,
WHEREAS, the Aspen City Council finds that the Amendment to the Text of the
Land Use Code meets or exceeds all applicable standards of review and that the Amendment
to the Text ol'the Land Use Code is consistent with the goals and elements of the Aspen
Area Community Plan; and,
WHEREAS, during a duly noticed public hearing on March 22, 2010, the Aspen
City Council approved Ordinance No. ,Series of 2010, by a vote, finding that the
proposed Amendment to the Text of the Land Use Code met the required standards of
review; and,
WHEREAS, the Aspen City Council finds that this ordinance furthers and is
necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THF, CITY OF ASPEN, COLORADO THAT:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, the City Council hereby finds that the proposed Amendment to the Land Use Code
meets the required standards of review.
Section 2: Amendment to Section 26.470.OSO.B of the Land Use Code
Section 26.470.OSO.B shall read as follows:
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.
2. The proposed development is consistent with the Aspen Area Community Plan.
3. The development conforms to the requirements and limitations of the zone district.
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.
5. Unless otherwise specified in this Chapter, sixty percent (60%) of the employees
generated by the additional commercial or lodge development, according to Subsection
26.470.100.A, Employee generation rates, are mitigated through the provision of
affordable housing. The employee generation mitigation plan shall be approved pursuant
to Paragraph 26.470.070.4, Affordable housing, at a Category 4 rate as defined in the
Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may
choose to provide mitigation units at a lower category designation. If an applicant
chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to
Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.090
Criteria for Administrative Extinguishment of the Certificate.
6. Affordable housing net livable area, for which the finished floor level is at or above
natural or finished grade, whichever is higher, shall be provided in an amount equal to at
least thirty percent (30%) of the additional free-market residential net livable area, for
which the 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 defined in the Aspen/Pitkin
County Housing Authority Guidelines, as amended. An applicant may choose to provide
mitigation units at a lower category designation. Affordable housing units that are being
provided absent a requirement ("voluntary units") may be deed-restricted at any level of
affordability, including residential occupied. If an applicant chooses to use a Certificate
of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate
shall be extinguished pursuant to Chapter 26.540.090 Criteria for Administrative
Extinguishment of the Certificate, utilizing the calculations in Section 26.470.100
Employee/Square Footage Conversion.
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.
Section 3: Amendment to Section 26.470.060.2 of the Land Use Code
Section 26.470.060.2 shall read as follows:
2. Single-family and duplex dwelling units. The following types of development of
single-family or duplex structures shall require the provision of affordable housing in one
(1) of the methods described in Subparagraph c:
a. The development of a new single-family, multiple detached residential units when
permitted in the zone district or a duplex dwelling on a vacant lot in one (1) of the
following conditions:
• A vacant lot created by a lot split, pursuant to Subsection 26.480.060.0.
• A vacant lot created by an historic lot split, pursuant to Paragraph 26.480.030:A.4,
when the subject lot does not itself contain an historic resource.
• A vacant lot that was subdivided or was a legally described parcel prior to
November 14, 1977, that complies with the provisions of Subsection
26.480.020.E, Aspen Townsite lots.
l~hese new residential units shall be deducted from the development ceiling levels
established pursuant to Section 26.470.030, but shall not be deducted from the respective
annual development allotments for residential development.
b. The replacement after demolition of an existing single-family, multiple detached
residential units when permitted in the zone district or a duplex dwelling, regardless of
when the lot was subdivided or legally described. These redeveloped units shall not
require a growth management allocation and shall not be deducted from the respective
annual development allotments or development ceiling levels established pursuant to
Section 26.470.030.
c. Affordable housing requirements for the types ofsingle-family and duplex
development described above shall be as follows:
Siag[e family. In order to qualify for asingle-family approval, the applicant shall have
five (5) options:
1) Providing an above-grade, detached accessory dwelling unit (ADU) or a carriage
house pursuant to Chapter 26.520, Accessory Dwelling Units and Carriage Houses;
2) Providing an accessory dwelling unit, or a carriage house, authorized through special
review to be attached and/or partially or fully subgrade, pursuant to Chapter 26.520;
3) Providing an off-site affordable housing unit within the Aspen Infill Area accepted by
the Aspen/Pitkin County Housing Authority and deed-restricted in accordance with
the Aspen/Pitkin County Housing Authority Guidelines, as amended;
4) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin
County Housing Authority Guidelines, as amended; or
5) Recording aresident-occupancy (RO) deed restriction on the single-family dwelling
unit being constructed.
6) Providing a Certificate of Affordable Housing Credit as mitigation, pursuant to Section
26.540.060 Authority of the Certificate, commensurate with the net increase of square
footage, according to Aspen/Pitkin County Housing Authority Guidelines, as amended.
Dup/ex. In order to qualify for a duplex approval, the applicant shall have six (6) options:
1) Providing one (1)free-market dwelling unit and one (I)deed-restricted resident
occupied (RO) dwelling unit with a minimum floor area of one thousand five hundred
(1,500) square feet;
2) Providing either two (2) above-grade, detached accessory dwelling units or carriage
houses (or one [1] of each), or one (1)above-grade, detached ADU or carriage house
with a minimum floor area of six hundred (600) net livable square feet, pursuant to
Chapter 26.520;
3) Providing either two (2) accessory dwelling units or carriage houses (or one [1] of
each) or one (1) ADU or carriage house with a minimum of six hundred (600) net
livable square feet authorized through special review to be attached and/or partially or
fully subgrade, pursuant to Chapter 26.520;
4) Providing anoff-site affordable housing unit within the Aspen Infill Area accepted by
the Aspen/Pitkin County Housing Authority and deed-restricted in accordance with
the Aspen/Pitkin County Ifousing Authority Guidelines, as amended;
5) Providing two (2) deed-restricted resident-occupied (RO) dwelling units; or
6) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin
County Housing Authority Guidelines, as amended.
7) Providing a Certificate of Affordable Housing Credit as mitigation, pursuant to Section
26.540.060 Authority of the Certificate, commensurate with the net increase of square
footage, according to Aspen/Pitkin County Housing Authority Guidelines, as amended.
Section 4: Amendment to Section 26.470.070(4+5) of the Land Use Code
Section 26.470.070(4+5) shall read as follows:
4. Affordable housing. The development of affordable housing deed-restricted in
accordance with the Aspen/Pitkin County Housing Authority Guidelines shall be
approved, approved with conditions or denied by the Planning and Zoning Commission
based on the following criteria:
a. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing
Authority. A recommendation from the Aspen/Pitkin County Housing Authority shall be
required for this standard. The Aspen/Pitkin County Housing Authority may choose to
hold a public hearing with the Board of Directors.
b. Affordable housing required for mitigation purposes shall be in the form of actual
newly built units or buy-down units. Off-site units shall be provided within the City
limits. Units outside the City limits may be accepted as mitigation by the City Council,
pursuant to Paragraph 26.470.090.2. If the mitigation requirement is less than one (])full
unit, acash-in-lieu payment may be accepted by the Planning and Zoning Commission
upon a recommendation from the Aspen/Pitkin County Housing Authority. If the
mitigation requirement is one (1) or more units, acash-in-lieu payment shall require City
Council approval, pursuant to Paragraph 26.470.090.3. A Certificate of Affordable
Housing Credit may be used to satisfy mitigation requirements by approval of the
Community Development Department Director, pursuant to Section 26.540.080
Extinguishment of the Certificate. Required affordable housing may be provided through
a mix of these methods.
c. Each unit provided shall be designed such that the finished floor level of fifty percent
(50%) or more of the unit's net livable area is at or above natural or finished grade,
whichever is higher.
d. The proposed units shall be deed-restricted as "for sale" units and transferred to
qualified purchasers according to the Aspen/Pitkin County Housing Authority
Guidelines. The owner may be entitled to select the first purchasers, subject to the
aforementioned qualifications, with approval from the Aspen/Pitkin County Housing
Authority. The deed restriction shall authorize the Aspen/Pitkin County Housing
Authority or the City to own the unit and rent it to qualified renters as defined in the
Affordable Housing Guidelines established by the Aspen/Pitkin County Housing
Authority, as amended. The proposed units may be rental units, including but not limited
to rental units owned by an employer or nonprofit organization, if a legal instrument in a
form acceptable to the City Attorney ensures permanent affordability of the units. The
City encourages affordable housing units required for lodge development to be rental
units associated with the lodge operation and contributing to the long-term viability of the
lodge. Units owned by the Aspen/Pitkin County Housing Authority, the City of Aspen,
Pitkin County or other similar governmental orquasi-municipal agency shall not be
subject to this mandatory "for sale" provision.
e. Non-Mitigation Affordable Housing. Affordable housing units that are not required for
mitigation, but meet the requirements of Section 26.470.070.4(a-d). The owner of such
non-mitigation affordable housing is eligible to receive a Certificate of Affordable
Housing Credit pursuant to Section 26.540.
5. Demolition or redevelopment of multi-family housing. The City's neighborhoods
have traditionally been comprised of a mix of housing types, including those affordable
by its working residents. However, because of Aspen's attractiveness as a resort
environment and because of the physical constraints of the upper Roaring Fork Valley,
there is constant pressure for the redevelopment of dwellings currently providing resident
housing for tourist and second-home use. Such redevelopment results in the
displacement of individuals and families who are an integral part of the Aspen work
force. Given the extremely high cost of and demand for market-rate housing, resident
housing opportunities for displaced working residents, which are now minimal, will
continue to decrease.
Preservation of the housing inventory and provision of dispersed housing opportunities in
Aspen have been long-standing planning goals of the community. Achievement of these
goals will serve to promote a socially and economically balanced community, limit the
number of individuals who face a long and sometimes dangerous commute on State
Highway 82, reduce the air pollution effects of commuting and prevent exclusion of
working residents from the City's neighborhoods.
The Aspen Area Community Plan established a goal that affordable housing for working
residents be provided by both the public and private sectors. The City and the
Aspen/Pitkin County Housing Authority have provided affordable housing both within
and adjacent to the City limits. The private sector has also provided affordable housing.
Nevertheless, as a result of the replacement of resident housing with second homes and
tourist accommodations and the steady increase in the size of the workforce required to
assure the continued viability of Aspen area businesses and the City's tourist-based
economy, the City has found it necessary, in concert with other regulations, to adopt
limitations on the combining, demolition or conversion of existing multi-family housing
in order to minimize the displacement of working residents, to ensure that the private
sector maintains its role in the provision of resident housing and to prevent a housing
shortfall from occurring.
The combining, demolition, conversion or redevelopment of multi-family housing shall
be approved, approved with conditions or denied by the Planning and Zoning
Commission based on compliance with the following requirements (see definition of
demolition.):
1. Requirements for combining demolishing converting, or redeveloping free-
market multi-family housing units: Only one (1) of the following two (2) options
is required to be met when combining, demolishing, converting or redeveloping a
free-market multi-family residential property. To ensure the continued vitality of
the community and a critical mass of local working residents, no net loss of
density (total number of units) between the existing development and proposed
development shall be allowed.
a. One-hundred-percent replacement. In the event of the demolition of free-
market multi-family housing, the applicant shall have the option to construct
replacement housing consisting of no less than one hundred percent (100%) of
the number of units, bedrooms and net livable area demolished. The
replacement units shall be deed-restricted as resident occupied affordable
housing, pursuant to the Guidelines of the Aspen/Pitkin County Housing
Authority. An applicant may choose to provide mitigation units at a lower
category designation. Each replacement unit shall be approved pursuant to
Subsection 4, Affordable housing, of this Section.
When this one-hundred-percent standard is accomplished, the remaining
development on Che site may be free-market residential development with no
additional affordable housing mitigation required as long as there is no
increase in the number of free-market residential units on the parcel. Free-
market units in excess of the total number originally on the parcel shall be
reviewed pursuant to Paragraph 26.470.070.3, Expansion of free-market
residential units within amulti-family or mixed-use development.
b. Fifty-percent replacement. In the event of the demolition of free-market
multi-family housing and replacement of less than one hundred percent
(100%) of the number of previous units, bedrooms or net livable area as
described above, the applicant shall be required to construct affordable
housing consisting of no less than fifty percent (50%) of the number of units,
bedrooms and the net livable area demolished. The replacement units shall be
deed-restricted as Category 4 housing, pursuant to the guidelines of the
Aspen/Pitkin County Housing Authority. An applicant may choose to provide
mitigation units at a lower category designation. Each replacement unit shall
be approved pursuant to Paragraph 26.470.070.4, Affordable housing.
When this fifty-percent standard is accomplished, the remaining development
on the site may be free-market residential development as long as additional
affordable housing mitigation is provided pursuant to Paragraph 26.470.070.3,
Expansion of free-market residential units within amulti-family or mixed-use
project, and there is no increase in the number of free-market residential units
on the parcel. Free-market units in excess of the total number originally on
the parcel shall be reviewed pursuant to Paragraph 26.470.080.2, New free-
market residential units within amulti-family or mixed-use project.
c. One-hundred percent affordable housing replacement. When one-hundred-
percent of the free-market multi-family housing units are demolished and are
solely replaced with deed-restricted affordable housing units on a site that are
not required for mitigation purposes, including any net additional dwelling
units, pursuant to Section 26.470.070.4, Affordable Housing; all of the units in
the redevelopment are eligible for a Certificate of Affordable Housing Credit,
pursuant to Section 26.540 Certificate of Affordable Housing Credit. Any
remaining unused free market residential development rights shall be vacated.
Section 5: Establishine Chapter 26.540 of the Land Use Code
Section 26.540 shall read as follows:
Chapter 26.540
CERTIFICATE OF AFFORDABLE HOUSING CREDIT
Sections:
Sea 26.540.010 Purpose
Sea 26.540.020 Authority
Sec. 26.540.030 Application and fees
Sec. 26.540.040 Review criteria for Planning and Zoning Commission
Sec. 26.540.050 Procedures for establishing a Certificate of Affordable Housing
Credit
Sec. 26.540.060 Authority of the Certificate
Sec. 26.540.070 Transferability of the Certificate, contents of the grantor and
grantee certificates
Sec. 26.540.080 Extinguishment of the Certificate
Sec. 26.540.090 Criteria for administrative extinguishment of the Certificate
26.540.010 Purpose. There are two main purposes of this section: to encourage the
development of affordable housing; and to establish a new option for housing mitigation
that immediately offsets the impacts of free market development. A Certificate of
Affordable Housing Credit is issued to the developer of affordable housing that is not
required for mitigation. Another entity can purchase such a Certificate and use it to
satisfy housing mitigation requirements. Establishing this transferable Certificate creates
a new revenue stream that can make the development of affordable housing more
economically viable. Establishing this transferable Certificate also establishes a new
option for mitigation that reflects built and occupied affordable housing, thereby
offsetting the impacts of free market development before those impacts are felt. This
section describes the process for establishing, transferring and extinguishing a Certificate
of Affordable Housing Credit.
26.540.020 Authority. The Planning and Zoning Commission is authorized, at a public
hearing meeting the noticing requirements of Section 26.304.060.E Public Notice, to
approve, approve with conditions, or deny an application for the establishment of a
Certificate of Affordable Housing Credit in the form of a resolution, subsequent to a
recommendation of the Community Development Director.
26.540.030 Application and fees. All applications shall include the information required
under Chapter 26.304, Common Development Review Procedures. In addition, all
applications must also include the following information.
1. The net livable square footage of each unit.
2. If applicable, the conditions under which reductions from net minimum livable square
footage requirements are requested according to Aspen Pitkin County Housing Authority
Guidelines.
3. Proposed category of each unit.
4. Proposed Full-Time-Equivalents housed by the units.
26.540.040 Review criteria for planning and zoning commission
A Certificate of Affordable Housing Credit may be established by the Planning and
'Coning Commission, pursuant to the adoption of a Resolution, if all of the following
criteria are met:
A. A Certificate of Occupancy has been issued for affordable housing units that have
been developed and deed-restricted not for purposes of mitigation, and pursuant to the
requirements of Section 26.470.070.4(a-d).
B. A recommendation of the Aspen Pitkin County Housing Authority Board of Directors
has been made, establishing the number of Full-Time-Equivalents (FTEs) accommodated
by the affordable housing units, pursuant to Affordable Housing Guidelines, as amended.
26.540.050 Procedures for Issuing a Certificate of Affordable Housing Credit.
Once the Planning and Zoning Commission has approved the creation of a Certificate of
Affordable Housing Credit, the property owner shall provide proof of both the Resolution
approving the creation of the affordable housing credits and the issuance of a Certificate
of Occupancy to the Community Development Department prior to issuance of a
certificate.
1. Content of the Certificate. The originating certificate is the certificate of affordable
housing credit initially memorializing the housing credit. The content of the originating
certificate shall include the following information:
a) A number of the certificate in chronological order of their issuance.
b) Parcel identification number, legal address and the street address.
c) The number of Full Time Equivalents (FTEs) accommodated by the affordable
housing units.
2. Issuance of the Certificate. At the time of issuance of a Certificate by the City, a
letter acknowledging receipt and acceptance of the certificate shall be submitted by the
owner to the Community Development Department.
26.540.060 Authority of the certificate
The certificate may be utilized in whole or in part, including fractions of an FTE, to
satisfy affordable housing mitigation requirements in accordance with other applicable
sections of this Title.
26.540.070 Transferability of the certificate, contents of the grantor and grantee
certificates
1. A certificate of affordable housing credit is legally transferable in whole or in part in
the form of FTEs, including fractions of FTEs.
2. When all or part of a certificate is transferred to a recipient, the city shall issue a
grantee certificate in increments of .1 FTEs; and shall also issue a grantor certificate,
which shall either be fully voided or amended to reflect the lesser number of FTEs
remaining on the certificate, in increments of .1 FTEs. At the time of issuance of a
Certificate by the City, a letter acknowledging receipt and acceptance of the certificate
shall be submitted by the owner to the Community Development Department.
26.540.080 Extinguishment of the certificate.
1. Upon approval of a land use application pursuant to Chapter 26.470, the Community
Development Director shall extinguish all or part of a Certificate of Affordable Housing
Credit, as applicable, to be noted in the subsequent Development Order.
2. When all or part of a certificate is extinguished, the city shall issue a replacement
certificate reflecting either the voiding of the certificate or amendment of the certificate
in increments of .1 FTE.
26.540.090 Criteria for Administrative Extinguishment of a Certificate
The Community Development Director shall extinguish all or part of a certificate of
Affordable Housing Credit for the purposes of meeting mitigation requirements if the
Community Development Director meets one or more of the following criteria:
A. An Ordinance approved under this Title that includes a condition describing required
housing mitigation has taken legal effect, and the portion of the Certificate to be
extinguished is equal to the mitigation required in terms of FTEs as calculated under
Aspen Pitkin County Affordable Dousing Guidelines, as amended, in increments of'.1
FTE.
B. A Development Order has been issued that satisfies housing mitigation pursuant to _
Section 26.470.060.2(c)vi, or Section 26,470.060.2(c)7, and the portion of a Certificate to
be extinguished is equal to the mitigation required, according Co Aspen Pitkin County
Affordable Housing Guidelines, as amended.
C. ]f the portion of the Certificate to be extinguished satisfies mitigation requirements
under Section 26.470.OSO.B.6 General Requirements, the required number of FTEs, in
increments of .1 FTE, shall be calculated pursuant to Section 26.470.100
Employee/Square Footage Conversion.
Section 6:
This Resolution shall not affect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior ordinances.
Section 7:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for
any reason held invalid or unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and shall not affect
the validity of the remaining portions thereof.
APPROVED BY the Aspen City Council on this 22"d day of March, 2010.
APPROVED AS TO FORM:
John Worcester, City Attorney
ASPEN CITY COUNCIL:
Michael C. Ireland, Mayor
ATTEST:
Kathryn Koch, City Clerk
Exhibit A
Existing Code Language, Section 26.470.050 General Requirements;
Section 26.470.060 Administrative Applications; Section 26.470.070 Minor
Planning and Zoning Commission Applications
The following is the existing code language in the Growth Management Quota System
chapter of the City of Aspen Land Use Code, in Section 26. 470.050 General
Requirements; Section 26.470.060 Administrative Applications; and Section
26.470.070 Minor Planning and Zoning Commission Applications, including
subsection 4. Affordable housing, and 5. Demolition or redevelopment of multi-
family housing.
26.470.050 General Requirements
B. General requirements: All development applications for growth management review
shall comply with the following standards. The reviewing body shall approve, approve
with conditions or deny an application for growth management review based on the
following generally applicable criteria and the review criteria applicable to the specific
type of development:
1. Sufficient growth management allotments are available to accommodate the proposed
development, pursuant to Subsection 26.470.030.D. Applications for multi-year
development allotment, pursuant to Paragraph 26.470.090.1 shall not be required to meet
this standard.
2. 'the proposed development is consistent with the Aspen Area Community Plan.
3. The development conforms to the requirements and limitations of the zone district
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.
5. Unless otherwise specified in this Chapter, sixty percent (60%) of the employees
generated by the additional commercial or lodge development, according to Subsection
26.470.100.A, Employee generation rates, are mitigated through the provision of
affordable housing. The employee generation mitigation plan shall be approved pursuant
to Paragraph 26.470.070.4, Affordable housing, at a Category 4 rate as defined in the
Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may
choose to provide mitigation units at a lower category designation.
6. Affordable housing net livable area, for which the finished floor level is at or above
natural or finished grade, whichever is higher, shall be provided in an amount equal to at
least thirty percent (30%) of the additional free-market residential net livable area, for
which the 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 defined in the Aspen/Pitkin
County Housing Authority Guidelines, as amended. An applicant may choose to provide
mitigation units at a lower category designation. Affordable housing units that are being
provided absent a requirement ("voluntary units") may be deed-restricted at any level of
affordability, including residential occupied.
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.
26.470.060 Administrative Applications
2. Single-family and duplex dwelling units. The following types of development of
single-family or duplex structures shall require the provision of affordable housing in one
(1) of the methods described in Subparagraph c:
a. The development of a new single-family, multiple detached residential units when
permitted
in the zone district or a duplex dwelling on a vacant lot in one (1) of the following
conditions:
^ A vacant lot created by a lot split, pursuant to Subsection 26.480.060.0.
A vacant lot created by an historic lot split, pursuant to Paragraph 26.480.030.A.4,
when
the subject lot does not itself contain an historic resource.
A vacant lot that was subdivided or was a legally described parcel prior to
November 14,
1977, that complies with the provisions of Subsection 26.480.020.E, Aspen
Townsite lots.
'T'hese new residential units shall be deducted from the development ceiling levels
established pursuant to Section 26.470.030, but shall not be deducted from the respective
annual development allotments for residential development.
b. The replacement after demolition of an existing single-family, multiple detached
residential units when permitted in the zone district or a duplex dwelling, regardless of
when the lot was subdivided or legally described. 'These redeveloped units shall not
require a growth management allocation and shall not be deducted from the respective
annual development allotments or development ceiling levels established pursuant to
Section 26.470.030.
c. Affordable housing requirements for the types of single-family and duplex
development described above shall be as Follows:
Single family. In order to qualify for asingle-family approval, the applicant shall have
five (5) options:
1)Providing anabove-grade, detached accessory dwelling unit (ADU) or a carriage
house pursuant to Chapter 26.520, Accessory Dwelling Units and Carriage Houses;
2) Providing an accessory dwelling unit, or a carriage house, authorized through special
review to be attached and/or partially or fully subgrade, pursuant to Chapter 26.520;
3) Providing anoff--site affordable housing unit within the Aspen Infill Area accepted by
the Aspen/Pitkin County Housing Authority and deed-restricted in accordance with
the Aspen/Pitkin County Housing Authority Guidelines, as amended;
4) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin
County Housing Authority Guidelines, as amended; or
5) Recording aresident-occupancy (KO) deed restriction on the single-family dwelling
unit being constructed.
Duplex. In order to qualify for a duplex approval, the applicant shall have six (6) options:
1) Providing one (1)free-market dwelling unit and one (1)deed-restricted resident
occupied (RO) dwelling unit with a minimum floor area of one thousand five hundred
(1,500) square feet;
2) Providing either two (2) above-grade, detached accessory dwelling units or carriage
houses (or one [l~ of each), or one (1)above-grade, detached ADU or carriage house
with a minimum floor area of six hundred (600) net livable square feet, pursuant to
Chapter 26.520;
3) Providing either two (2) accessory dwelling units or carriage houses (or one [1] of
each) or one (1) ADU or carriage house with a minimum of six hundred (600) net
livable square feet authorized through special review to be attached and/or partially or
fully subgrade, pursuant to Chapter 26.520;
4) Providing anoff-site affordable housing unit within the Aspen Infill Area accepted by
the Aspen/Pitkin County Housing Authority and deed-restricted in accordance with
the Aspen/Pitkin County Housing Authority Guidelines, as amended;
5) Providing two (2) deed-restricted resident-occupied (RO) dwelling units; or
6) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin
County Housing Authority Guidelines, as amended.
26.470.070 Minor Planning and Zoning Commission Applications
4. Affordable housing. The development of affordable housing deed-restricted in
accordance with the Aspen/Pitkin County Housing Authority Guidelines shall be
approved, approved with conditions or denied by the Planning and Zoning Commission
based on the following criteria:
a. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing
Authority. A recommendation from the Aspen/Pitkin County Housing Authority shall be
required for this standard. The Aspen/Pitkin County Housing Authority may choose to
hold a public hearing with the Board of Directors.
b. Affordable housing required for mitigation purposes shall be in the form of actual
newly built units or buy-down units. Off-site units shall be provided within the City
limits. Units outside the City limits may be accepted as mitigation by the City Council,
pursuant to Paragraph 26.470.090.2. If the mitigation requirement is less than one (1) full
unit, acash-in-lieu payment may be accepted by the Planning and Zoning Commission
upon a recommendation from the Aspen/Pitkin County Housing Authority. If the
mitigation requirement is one (1) or more units, acash-in-lieu payment shall require City
Council approval, pursuant to Paragraph 26.470.090.3. Required affordable housing may
be provided through a mix of these methods.
c. Each unit provided shall be designed such that the finished floor level of fifty percent
(50%) or more of the unit's net livable area is at or above natural or finished grade,
whichever is higher.
d. The proposed units shall be deed-restricted as "for sale" units and transferred to
qualified purchasers according to the Aspen/Pitkin County Housing Authority
Guidelines. The owner may be entitled to select the first purchasers, subject to the
aforementioned qualifications, with approval from the Aspen/Pitkin County Housing
Authority. The deed restriction shall authorize the Aspen/Pitkin County Housing
Authority or the City to own the unit and rent it to qualified renters as defined in the
Affordable Housing Guidelines established by the Aspen/Pitkin County Housing
Authority, as amended. The proposed units may be rental units, including but not limited
to rental units owned by an employer or nonprofit organization, if a legal instrument in a
form acceptable to the City Attorney ensures permanent affordability of the units. The
City encourages affordable housing units required for lodge development to be rental
units associated with the lodge operation and contributing to the long-term viability of the
lodge. Units owned by the Aspen/Pitkin County Housing Authority, the City of Aspen,
Pitkin County or other similar governmental or quasi-municipal agency shall not be
subject to this mandatory "for sale" provision.
5. Demolition or redevelopment of multi-family housing.
The combining, demolition, conversion or redevelopment ofmulti-family housing shall
be approved, approved with conditions or denied by the Planning and Zoning
Commission based on compliance with the following requirements (see definition of
demolition.):
1. Requirements for combining, demolishing, converting or redeveloping free-market
multifamily housing units: Only one (1) of the following two (2) options is required to be
met when combining, demolishing, converting or redeveloping afree-market multi-
family residential property. To ensure the continued vitality of the community and a
critical mass of local working residents, no net loss of density (total number of units)
between the existing development and proposed development shall be allowed.
a. One-hundred-percent replacement. In the event of the demolition of free-market
multifamily housing, the applicant shall have the option to construct replacement housing
consisting of no less than one hundred percent (100%) of the number of units, bedrooms
and net livable area demolished. The replacement units shall be deed-restricted as
resident occupied affordable housing, pursuant to the Guidelines of the Aspen/Pitkin
County Housing Authority. An applicant may choose to provide mitigation units at a
lower category designation. Each replacement unit shall be approved pursuant to
Subsection 4, Affordable housing, of this Section.
When this one-hundred-percent standard is accomplished, the remaining development on
the site may be free-market residential development with no additional affordable
housing mitigation required as long as there is no increase in the number offree-market
residential units on the parcel. Free-market units in excess of the total number originally
on the parcel shall be reviewed pursuant to Paragraph 26.470.070.3, Expansion of free-
market residential units within amulti-family or mixed-use development.
b. Fifry-percent replacement. In the event of the demolition of free-market multi-family
housing and replacement of less than one hundred percent (100%) of the number of
previous units, bedrooms or net livable area as described above, the applicant shall be
required to construct affordable housing consisting of no less than fifry percent (50%) of
the number of units, bedrooms and the net livable area demolished. The replacement
units shall be deed-restricted as Category 4 housing, pursuant to the guidelines of the
Aspen/Pitkin County Housing Authority. An applicant may choose to provide mitigation
units at a lower category designation. Each replacement unit shall be approved pursuant
to Paragraph 26.470.070.4, Affordable housing.
When this fifty-percent standard is accomplished, the remaining development on the site
may be free-market residential development as long as additional affordable housing
mitigation is provided pursuant to Paragraph 26.470.070.3, Expansion of free-market
residential units within amulti-family or mixed-use project, and there is no increase in
the number offree-market residential units on the parcel. Free-market units in excess of
the total number originally on the parcel shall be reviewed pursuant to Paragraph
26.470.080.2, New free-market residential units within amulti-family or mixed-use
project.
2. Requirements for demolishing_ affordable multi-family units: In the event a project
proposes to demolish or replace existing deed-restricted affordable housing units ...
Exhibit B
Proposed Code Amendments
The proposed code amendments in the Growth Management Quota System chapter and
the addition of a Certificate of Affordable Housing Credit chapter in the City of Aspen
Land Use Code, aze found in blue italic as follows:
Section 26.470.050
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 aze 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 standazd.
2. The proposed development is consistent with the Aspen Area Community Plan.
3. The development conforms to the requirements and limitations of the zone district.
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.
5. Unless otherwise specified in this Chapter, sixty percent (60%) of the employees
generated by the additional commercial or lodge development, according to Subsection
26.470.100.A, Employee generation rates, are mitigated through the provision of
affordable housing. The employee generation mitigation plan shall be approved pursuant
to Paragraph 26.470.070.4, Affordable housing, at a Category 4 rate as defined in the
Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may
choose to provide mitigation units at a lower category designation. If an applicant
chooses to use a Certificate ofAffordable Housing Credit as mitigation, pursuant to
Chapter 26.54Q such Certificate shall be extinguished pursuant to Chapter 26.50.90
Criteria for Administrative Extinguishment of the Certificate.
6. Affordable housing net livable azea, for which the finished floor level is at or above
natural or finished grade, whichever is higher, shall be provided in an amount equal to at
least thirty percent (30%) of the additional free-market residential net livable azea, 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 defined in the Aspen/Pitkin
County Housing Authority Guidelines, as amended. An applicant may choose to provide
mitigation units at a lower category designation. Affordable housing units that are being
provided absent a requirement ("voluntary units") may be deed-restricted at any level of
affordability, including residential occupied. If an applicant chooses to use a Certificate
of Affordable Housing Credit as mitigation, pursuant to Chapter 26.54Q such Certificate
shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative
Extinguishment of the Certificate, utilizing the calculations in Section 26.470.100
Employee/Square Footage Conversion.
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, pazking and road and transit services.
26.470.060 Administrative Applications
2. Single-family and duplex dwelling units. The following types of development of
single-family or duplex structures shall require the provision of affordable housing in one
(1) of the methods described in Subpazagraph c:
a. The development of a new single-family, multiple detached residential units when
permitted in the zone district or a duplex dwelling on a vacant lot in one (1) of the
following conditions:
• A vacant lot created by a ]ot split, pursuant to Subsection 26.480.060.0.
^ A vacant lot created by an historic lot split, pursuant to Paragraph 26.480.030.A.4,
when the subject lot does not itself contain an historic resource.
• A vacant lot that was subdivided or was a legally described pazcel prior to
November 14, 1977, that complies with the provisions of Subsection
26.480.020.E, Aspen Townsite lots.
These new residential units shall be deducted from the development ceiling levels
established pursuant to Section 26.470.030, but shall not be deducted from the respective
annual development allotments for residential development.
b. The replacement after demolition of an existing single-family, multiple detached
residential units when permitted in the zone district or a duplex dwelling, regardless of
when the lot was subdivided or legally described. These redeveloped units shall not
require a growth management allocation and shall not be deducted from the respective
annual development allotments or development ceiling levels established pursuant to
Section 26.470.030.
c. Affordable housing requirements for the types of single-family and duplex
development described above shall be as follows:
Single family. In order to qualify for asingle-family approval, the applicant shall have
six (6) options:
1)Providing anabove-grade, detached accessory dwelling unit (ADU) or a carriage
house pursuant to Chapter 26.520, Accessory Dwelling Units and Carriage Houses;
2) Providing an accessory dwelling unit, or a carriage house, authorized through special
review to be attached and/or partially or fully subgrade, pursuant to Chapter 26.520;
3) Providing anoff--site affordable housing unit within the Aspen Infill Area accepted by
the Aspen/Pitkin County Housing Authority and deed-restricted in accordance with
the Aspen/Pitkin County Housing Authority Guidelines, as amended;
4) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin
County Housing Authority Guidelines, as amended; or
5) Recording aresident-occupancy (RO) deed restriction on the single-family dwelling
unit being constructed.
6) Providing a Certificate of Affordable Housing Credit as mitigation, pursuant to
Section 26.540.060 Authority of the Certificate, commensurate with the net increase of
square footage, according to Aspen/Pitkin County Housing Authority Guidelines, as
amended.
Duplex. In order to qualify for a duplex approval, the applicant shall have seven (7)
options:
1) Providing one (1)free-market dwelling unit and one (1)deed-restricted resident
occupied (RO) dwelling unit with a minimum floor azea of one thousand five hundred
(1,500) squaze feet;
2) Providing either two (2) above-grade, detached accessory dwelling units or carriage
houses (or one [1 ] of each), or one (1)above-grade, detached ADU or carnage house
with a minimum floor azea of six hundred (600) net livable square feet, pursuant to
Chapter 26.520;
3) Providing either two (2) accessory dwelling units or carriage houses (or one [1] of
each) or one (I) ADU or carriage house with a minimum of six hundred (600) net
livable squaze feet authorized through special review to be attached and/or partially or
fully subgrade, pursuant to Chapter 26.520;
4) Providing anoff-site affordable housing unit within the Aspen Infill Area accepted by
the Aspen/Pitkin County Housing Authority and deed-restricted in accordance with
the Aspen/Pitkin County Housing Authority Guidelines, as amended;
5) Providing two (2) deed-restricted resident-occupied (RO) dwelling units; or
6) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin
County Housing Authority Guidelines, as amended.
7) Providing a Certificate of Affordable Housing Credit as mitigation, pursuant to
Section 26.540.060 Authority of the Certificate, commensurate with the net Increase of
square footage, according to Aspen/Pitkin County Housing Authority Guidelines, as
amended.
26.470.070(4+5) Minor Planning and Zoning Commission Applications
4. Affordable housing. The development of affordable housing deed-restricted in
accordance with the Aspen/Pitkin County Housing Authority Guidelines shall be
approved, approved with conditions or denied by the Planning and Zoning Commission
based on the following criteria:
a. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing
Authority. A recommendation from the Aspen/Pitkin County Housing Authority shall be
required for this standazd. The Aspen/Pitkin County Housing Authority may choose to
hold a public heazing with the Board of Directors.
b. Affordable housing required for mitigation purposes shall be in the form of actual
newly built units or buy-down units. Off-site units shall be provided within the City
limits. Units outside the City limits may be accepted as mitigation by the City Council,
pursuant to Paragraph 26.470.090.2. If the mitigation requirement is less than one (1) full
unit, acash-in-lieu payment may be accepted by the Planning and Zoning Commission
upon a recommendation from the Aspen/Pitkin County Housing Authority. If the
mitigation requirement is one (1) or more units, acash-in-lieu payment shall require City
Council approval, pursuant to Paragraph 26.470.090.3. A Certificate of Affordable
Housing Credit may be used to satisfy mitigation requirements by approval of the
Community Development Department Director, pursuant to Section 26.540.080
Extinguishment of the Certificate. Required affordable housing may be provided through
a mix of these methods.
c. Each unit provided shall be designed such that the finished floor level of fifty percent
(50%) or more of the unit's net livable azea is at or above natural or finished grade,
whichever is higher.
d. The proposed units shall be deed-restricted as "for sale" units and transferred to
qualified purchasers according to the Aspen/Pitkin County Housing Authority
Guidelines. The owner may be entitled to select the first purchasers, subject to the
aforementioned qualifications, with approval from the Aspen/Pitkin County Housing
Authority. The deed restriction shall authorize the Aspen/Pitkin County Housing
Authority or the City to own the unit and rent it to qualified renters as defined in the
Affordable Housing Guidelines established by the Aspen/Pitkin County Housing
Authority, as amended. The proposed units may be rental units, including but not limited
to rental units owned by an employer or nonprofit organization, if a legal instrument in a
form acceptable to the City Attorney ensures permanent affordability of the units. The
City encourages affordable housing units required for lodge development to be rental
units associated with the lodge operation and contributing to the long-term viability of the
lodge. Units owned by the Aspen/Pitkin County Housing Authority, the City of Aspen,
Pitkin County or other similaz governmental or quasi-municipal agency shall not be
subject to this mandatory "for sale" provision.
e. Non-Mitigation Affordable Housing. Affordable housing units that are not required for
mitigation, but meet the requirements of Section 26.470.070.4(a-d). The owner of such
non-mitigation affordable housing is eligible to receive a Certificate of Affordable
Housing Credit pursuant to Section 26.540.
5. Demolition or redevelopment of multi-family housing. The City's neighborhoods
have traditionally been comprised of a mix of housing types, including those affordable
by its working residents. However, because of Aspen's attractiveness as a resort
environment and because of the physical constraints of the upper Roaring Fork Valley,
there is constant pressure for the redevelopment of dwellings currently providing resident
housing for tourist and second-home use. Such redevelopment results in the
displacement of individuals and families who aze an integral part of the Aspen work
force. Given the extremely high cost of and demand for market-rate housing, resident
housing opportunities for displaced working residents, which aze now minimal, will
continue to decrease.
Preservation of the housing inventory and provision of dispersed housing opportunities in
Aspen have been long-standing planning goals of the community. Achievement of these
goals will serve to promote a socially and economically balanced community, limit the
number of individuals who face a long and sometimes dangerous commute on State
Highway 82, reduce the air pollution effects of commuting and prevent exclusion of
working residents from the City's neighborhoods.
The Aspen Area Community Plan established a goal that affordable housing for working
residents be provided by both the public and private sectors. The City and the
Aspen/Pitkin County Housing Authority have provided affordable housing both within
and adjacent to the City limits. The private sector has also provided affordable housing.
Nevertheless, as a result of the replacement of resident housing with second homes and
tourist accommodations and the steady increase in the size of the workforce required to
assure the continued viability of Aspen azea businesses and the City's tourist-based
economy, the City has found it necessary, in concert with other regulations, to adopt
limitations on the combining, demolition or conversion of existing multi-family housing
in order to minimize the displacement of working residents, to ensure that the private
sector maintains its role in the provision of resident housing and to prevent a housing
shortfall from occurring.
The combining, demolition, conversion or redevelopment of multi-family housing shall
be approved, approved with conditions or denied by the Planning and Zoning
Commission based on compliance with the following requirements (see definition of
demolition.):
1. Requirements for combining demolishing converting or redeveloping free-
mazket multi-family housing units: Only one (1) of the following two (2) opfions
is required to be met when combining, demolishing, converting or redeveloping a
free-market multi-family residential property. To ensure the continued vitality of
the community and a critical mass of local working residents, no net loss of
density (total number of units) between the existing development and proposed
development shall be allowed.
a. One-hundred-percent replacement. In the event of the demolition of free-
mazket multi-family housing, the applicant shall have the option to construct
replacement housing consisting of no less than one hundred percent (100%) of
the number of units, bedrooms and net livable area demolished. The
replacement units shall be deed-restricted as resident occupied affordable
housing, pursuant to the Guidelines of the Aspen/Pitkin County Housing
Authority. An applicant may choose to provide mitigation units at a lower
category designation. Each replacement unit shall be approved pursuant to
Subsection 4, Affordable housing, of this Section.
When this one-hundred-percent standazd is accomplished, the remaining
development on the site may be free-market residential development with no
additional affordable housing mitigation required as long as there is no
increase in the number of free-mazket residential units on the parcel. Free-
mazket units in excess of the total number originally on the pazcel shall be
reviewed pursuant to Paragraph 26.470.070.3, Expansion of free-mazket
residential units within amulti-family or mixed-use development.
b. Fifty-percent replacement. In the event of the demolition of free-market
multi-family housing and replacement of less than one hundred percent
(100%) of the number of previous units, bedrooms or net livable azea as
described above, the applicant shall be required to construct affordable
housing consisting of no less than fifty percent (50%) of the number of units,
bedrooms and the net livable area demolished. The replacement units shall be
deed-restricted as Category 4 housing, pursuant to the guidelines of the
Aspen/Pitkin County Housing Authority. An applicant may choose to provide
mitigation units at a lower category designation. Each replacement unit shall
be approved pursuant to Pazagraph 26.470.070.4, Affordable housing.
When this fifty-percent standard is accomplished, the remaining development
on the site may be free-mazket residential development as long as additional
affordable housing mitigation is provided pursuant to Pazagraph 26.470.070.3,
Expansion of free-mazket residential units within amulti-family or mixed-use
project, and there is no increase in the number of free-market residential units
on the parcel. Free-market units in excess of the total number originally on
the parcel shall be reviewed pursuant to Pazagraph 26.470.080.2, New free-
mazket residential units within amulti-family or mixed-use project.
c. One-hundred percent affordable housing replacement. When one-hundred-
pereent of the,free-market multi family housing units are demolished and are
solely replaced with deed-restricted affordable housing units on a site that are
not required for mitigation purposes, including any net additional dwelling
units, pursuant to Section 26.470.070.4, Affordable Housing; all of the units in
the redevelopment are eligible for a Certificate ofAffordable Housing Credit,
pursuant to Section 26.540 Certificate ofAffordable Housing Credit. Any
remaining unused, free market residential development rights shall be vacated.
Chapter 26.540
CERTIFICATE OFAFFORDABLE HOUSING CREDIT
Sections:
Sec. 26.540.010 Purpose
Sec. 26.540.020 Authority
Sec. 26.540.030 Application and. fees
Sec. 26.540.040 Review criteria for Planning and Zoning Commission
Sec. 26.540.050 Procedures for establishing a Certificate of Affordable Housing
Credit
Sec. 26.540.060 Authority of the Certificate
Sec. 26.540.070 Transferability of the Certifrcate, contents of the grantor and
grantee certificates
Sec. 26.540.080 Extinguishment of the Certificate
Sec. 26.540.090 Criteria for administrative extinguishment of the Certificate
26.540.010 Purpose. There are two main purposes of this section: to encourage the
development of affordable housing; and to establish a new option for housing mitigation
that immedtately offsets the impacts of free market development. A Certificate of
Affordable Housing Credit is issued to the developer of affordable housing that is not
required for mitigation. Another entity can purchase such a Certificate and use it to
satisfy housing mitigation requirements. Establishing this transferable Certificate creates
a new revenue stream that can make the development of affordable housing more
economically viable. Establishing this transferable Certificate also establishes a new
option for mitigation that reflects built and occupied affordable housing, thereby
offsetting the impacts of free market development before those impacts are felt. This
section describes the process for establishing transferring and extinguishing a
Certificate of Affordable Housing Credit.
26.540.020 Authority. The Planning and Zoning Commission is authorized, at a public
hearing meeting the noticing requirements of Section 26.304.060.E Public Notice, to
approve, approve with conditions, or deny an application for the establishment of a
Certificate of Affordable Housing Credit in the form of a resolution, subsequent to a
recommendation of the Community Development Director.
26.540.030 Application and fees. All applications shall include the information required
under Chapter 26.304, Common Development Review Procedures. In addition, all
applications must also include the following information.
1. The net livable square footage of each unit.
2. If applicable, the conditions under which reductions from net minimum livable square
footage requirements are requested according to Aspen Pitkin County Housing Authority
Guidelines.
3. Proposed category of each unit.
4. Proposed Full-Time-Equivalents housed by the units.
26.540.040 Review criteria for planning and zoning commission
A Certificate of Affordable Housing Credit may be established by the Planning and
Zoning Commission, pursuant to the adoption of a Resolution, if all of the following
criteria are met:
A. A Certificate of Occupancy has been issued for affordable housing units that have
been developed and deed-restricted notfor purposes of mitigation, and pursuant to the
requirements of Section 26.470.070.4(a-d).
B. A recommendation of the Aspen Pitkin County Housing Authority Board of Directors
has been made, establishing the number of Full-Time-Equivalents (FTEs) accommodated
by the affordable housing units, pursuant to Affordable Housing Guidelines, as amended.
26.540.050 Procedures for Issuing a Certificate of Affordable Housing Credit.
Once the Planning and Zoning Commission has approved the creation of a Certificate of
Affordable Housing Credit, the property owner shall provide proof of both the Resolution
approving the creation of the affordable housing credits and the issuance of a Certificate
of Occupancy to the Community Development Department prior to issuance of a
certifacate.
1. Content of the Certificate. The originating certifacate is the certificate of affordable
housing credit initially memorializing the housing credit. The content of the originating
certificate shall include the following information:
a) A number of the certificate in chronological order of their issuance.
b) Parcel identification number, legal address and the street address.
c) The number of Full Time Equivalents (FTEs) accommodated by the affordable
housing units.
2. Issuance of the Certificate. At the time of issuance of a Certificate by the City, a letter
acknowledging receipt and acceptance of the certificate shall be submitted by the owner
to the Community Development Department.
26.540.060 Authority of the certificate
The certificate may be utilized in whole or in part, including fractions of an FTE, to
satisfy affordable housing mitigation requirements in accordance with other applicable
sections of this Title.
26.540.070 Transferability of the certificate, contents of the grantor and grantee
certificates
1. A certificate of affordable housing credit is legally transferable in whole or in part in
the form of FTEs, including fractions of FTEs.
2. When all or part of a certifccate is transferred to a recipient, the city shall issue a
grantee certificate in increments of.l FTEs, and shall also issue a grantor certificate,
which shall either be fully voided or amended to reflect the lesser number of FTEs
remaining on the certificate, in increments of .1 FTEs. At the tame of issuance of a
Certificate by the City, a letter acknowledging receipt and acceptance of the certificate
shall be submitted by the owner to the Community Development Department.
26.540.080 Extinguishment of the certiftcate.
1. Upon approval of a land use application pursuant to Chapter 26.470, the Community
Development Director shall extinguish all or part of a Certificate of Affordable Housing
Credit, as applicable, to be noted in the subsequent Development Order.
2. When all or part of a certificate is extinguished, the city shall issue a replacement
certiftcate reflecting either the voiding of the certificate or amendment of the certifccate
in increments of.l FTE.
26.540.090 Criteria for Administrative Extinguishment of a certiftcate
The Community Development Director shall extinguish all or part of a certificate of
Affordable Housing Credit for the purposes of meeting mitigation requirements if the
Community Development Director meets one or more of the following criteria.'
A. An Ordinance approved under this Title that includes a condition describing required
housing mitigation has taken legal effect, and the portion of the Certificate to be
extinguished is equal to the mitigation required in terms of FTEs as calculated under
Aspen Pitkin County Affordable Housing Guidelines, as amended in increments of.l
FTE.
B. A Development Order has been issued that satisfies housing mitigation pursuant to
Section 26.470.060.2(c)vi, or Section 26,470.060.2(c)7, and the portion ofa Certificate to
be extinguished is equal to the mitigation required, according to Aspen Pitkin County
Affordable Housing Guidelines, as amended.
C. If the portion of the Certificate to be extinguished satisfies mitigation requirements
under Section 26.470.OSO.B. 6 General Requirements, the required number of FTEs, in
increments of.1 FTE, shall be calculated pursuant to Section 26.470. ] 00
Employee/Square Footage Conversion.
Exhibit C
Amendment to Code Text, Review Criteria & Staff Findings
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: The amendment is not 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.
Staff Finding: The production of affordable housing is a priority of the 2000 AACP. The
proposed amendment allows for the development of affordable housing that might not
otherwise be built. The amendment allows an entity to receive a "Certificate of
Affordable Housing Credit" for building affordable housing that is not required for
mitigation, and subsequently allows the same or some other entity to use the certificate
for mitigation purposes. The proposed amendment is consistent with the following
statements in the 2000 AACP:
• "The public and private sectors should work together to ensure success in
providing affordable housing." (Goal C, pg 27)
• "Encourage greater participation by the private sector in developing affordable
housing." (Goal E, pg 27)
Certainly, the production of affordable housing is a central priority of the 2000 AACP,
which states that, "The public and private sectors should work together to ensure success
in providing affordable housing." (Goal C, pg 27.) "The 2000 AACP also "Encourage(s)
greater participation by the private sector in developing affordable housing." (Goal E, pg
27.)
A critical question for staff is whether this code amendment would encourage or inhibit
the development of affordable housing. Staff believes the code amendments may
encourage the development of new affordable housing, and just as importantly, it could
encourage affordable housing to be built before any development-related impacts are
experienced by the community.
The code amendments could have a substantial impact on how mitigation is provided for
the redevelopment ofsingle-family and duplex structures. For many years, those who
redevelop such structures either have chosen to pay cash-in-lieu, or have built an
Accessory Dwelling Unit (ADU).
There are drawbacks to both of these mitigation options:
• Cash-in-lieu payments do not immediately translate into affordable housing,
meaning the impacts of redevelopment can be felt for years before a housing unit
is created to offset those impacts;
• Building an ADU (usually at the minimum standard of 300 square feet) can result
in local residents renting them, but occupancy is not mandatory. While the
program can result in the positive result of affordable housing spread out through
town, occupancy rates are not likely much higher than 30%, if that.
If this code amendment is approved, it would create a new option to purchase a "credit"
for affordable housing that has already been built and occupied -either rented or owned.
This ability to sell "credits" as mitigation could also provide a viable financial incentive
for the redevelopment of free market multi-family housing into 100% affordable housing.
The code amendment may also have impacts on a larger scale, rather than just as a new
mitigation option for those redeveloping single-family homes and duplexes. It could
encourage large employers who are interested in providing housing for employees -and
also have the potential for involvement in future land use developments -- to go ahead
and acquire affordable housing before it is mandated through mitigation. This would
allow employers to provide housing for employees right away, and later use the housing
as mitigation for some future project.
C. Whether the proposed amendment is compatible with surrounding zone districts
and land uses, considering existing land use and neighborhood characteristics.
Staff Finding: 1'he proposed amendment would apply under the AH-PUD Zone District,
but have no impact on the allowable dimensions of future affordable housing projects.
D. The effect of the proposed amendment on traffic generation and road safety.
Staff Finding: 'the amendment itself does not generate additional development.
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: 7 he amendment itself does not generate additional development.
F. Whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment.
Staff Finding: The amendment itself does not generate additional development
G. Whether the proposed amendment is consistent and compatible with the
community character in the City.
Staff Finding: This amendment could result in new affordable housing that may not
otherwise be built. Sufficient Affordable Housing inventory is an important part of the
community character.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
Staff Finding: No 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: The production of affordable housing is a priority of the 2000 AACP. "the
proposed amendment allows for the development of affordable housing that might not
otherwise be built prior to development impacts. The amendment allows an entity to
receive a "Certificate of Affordable Housing Credit" for building affordable housing that
is not required for mitigation, and subsequently allows the same or some other entity to
later use the certificate for mitigation purposes.
~~ ti t h t ~~
RESOLUTION N0.3,
(SERIES OF 2010)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE AN
AMENDMENT TO THE TEXT OF THE LAND USE CODE OF THE CITY OF
ASPEN, PITHIN COUNTY, COLORADO.
WHEREAS, the Community Development Department received an application
from Ajaz Apartments LLC, represented Peter Fornell, requesting an Amendment to the
Text of the Land Use Code.; and,
WHEREAS, the Applicant requests a recommendation by the Planning and
Zoning Commission to the City Council for Amendment to the Text of the Land Use
Code, Section 26.470.070(4+5); and,
WHEREAS, upon initial review of the application and the applicable code
standards, the Community Development Department recommended in favor of the
proposed Amendment to the Text of the Land Use Code; and,
WHEREAS, during a duly noticed public heazing on January 19, 2010, the
Planning and Zoning Commission approved Resolution No. 3, Series of 2010, by a six to
zero (6 to 0) vote, finding that the proposed Amendment to the Text of the Land Use Code
meets required standazds of review; and,
WHEREAS, the Planning and Zoning Cormnission has reviewed and considered
the Amendment to the Text of the Land Use Code under the applicable provisions of the
Municipal Code as identified herein, has reviewed and considered the recommendation of
the Community Development Director, the applicable referral agencies, and has taken and
considered public comment; and,
WHEREAS, the Planning and Zoning Commission finds that the Amendment to
the Text of the Land Use Code meets or exceeds all applicable development standards and
that the Amendment to the Text of the Land Use Code is consistent with the goals and
elements of the Aspen Area Community Plan; and,
WHEREAS, the Planning and Zoning Commission fords that this resolution
furthers and is necessary for the promotion of public health, safety, and welfaze.
NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO THAT:
Resolution Nq/_, Series 2010
Page 1 of 8
Section 1•
Pursuant to the procedures and standazds set forth in Title 26 of the Aspen Municipal
Code, the Planning and Zoning Commission hereby finds that the proposed Amendment
to the Land Use Code meets the required standazds of review.
Section 2: Amendment to Section 26.470.070(4), Affordable HousinH, of the Land
Use Code
The changes in Section 2 add a new subsection that recognizes the allowance to receive a
Certificate of Affordable Housing Credit. Therefore, Section 26.470.070 (4), Affordable
Housing, is amended as follows:
4. Affordable housing. The development of affordable housing deed-restricted in
accordance with the Aspen/Pitkin County Housing Authority Guidelines shall be
approved, approved with conditions or denied by the Planning and Zoning Commission
based on the following criteria:
a. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing
Authority. A recommendation from the Aspen/Pitkin County Housing Authority shall be
required for this standard. The Aspen/Pitkin County Housing Authority may choose to
hold a public heazing with the Board of Directors.
b. Affordable housing required for mitigation purposes shall be in the form of actual
newly built units or buy-down units. Off-site units shall be provided within the City
limits. Units outside the City limits may be accepted as mitigation by the City Council,
pursuant to Pazagraph 26.470.090.2. If the mitigation requirement is less than one (1) full
unit, acash-in-lieu payment may be accepted by the Planning and Zoning Commission
upon a recommendation from the Aspen/Pitkin County Housing Authority. If the
mitigation requirement is one (1) or more units, acash-in-lieu payment shall require City
Council approval, pursuant to Paragraph 26.470.090.3. Required affordable housing may
be provided through a mix of these methods.
c. Each unit provided shall be designed such that the finished floor level of fifty percent
(50%) or more of the unit's net livable azea is at or above natural or finished grade,
whichever is higher.
d. The proposed units shall be deed-restricted as "for sale" units and transferred to
qualified purchasers according to the Aspen/Pitkin County Housing Authority
Guidelines. The owner may be entitled to select the first purchasers, subject to the
aforementioned qualifications, with approval from the Aspen/Pitkin County Housing
Authority. The deed restriction shall authorize the Aspen/Pitkin County Housing
Authority or the City to own the unit and rent it to qualified renters as defined in the
Affordable Housing Guidelines established by the Aspen/Pitkin County Housing
Authority, as amended. The proposed units may be rental units, including but not limited
to rental units owned by an employer or nonprofit organization, if a legal instrument in a
form acceptable to the City Attorney ensures permanent affordability of the units. The
City encourages affordable housing units required for lodge development to be rental
Resolution No~, Series 2010
Page 2 of 8
units associated with the lodge operation and contributing to the long-term viability of the
lodge. Units owned by the Aspen/Pitkin County Housing Authority, the City of Aspen,
Pitkin County or other similaz governmental or quasi-municipal agency shall not be
subject to this mandatory "for sale" provision.
e. Affordable Housing Credit. Affordable housing units that aze not required for
mitigation, but are developed. or acquired and deed restricted after ---, 2010 (date
amendment is effective), aze eligible to receive a Certificate of Affordable Housing
Credit. The rules and regulations for establishing and extinguishing a Certificate of
Affordable Housing Credit are provided in Chapter 26.540, Certificate of Affordable
Housing Credit.
Section 3 Amendment to Section 26 470 070 (51(11 requirements for combining,
demolishing converting or redeveloping free-market multi-family housing unrts,_of
the Land Use Code
The changes in Section 3 add a new subsection that recognizes the allowance to receive a
Certificate of Affordable Housing Credit if the property is developed with 100 percent
affordable housing. Therefore, Section 26.470.070 (5)(1), Affordable Housing, is amended
as follows:
1. Requirements for combining demolishing converting or redeveloning free-
mazket multi-family housing units: Only one (1) of the following two (2) optrons
is required to be met when combining, demolishing, converting or redeveloping a
free-market multi-family residential property. To ensure the continued vitality of
the community and a critical mass of local working residents, no net loss of
density (total number of units) between the existing development and proposed
development shall be allowed.
a. One-hundred-percent replacement. In the event of the demolition of free-
market multi-family housing, the applicant shall have the option to construct
replacement housing consisting of no less than one hundred percent (100%) of
the number of units; bedrooms and net livable area demolished. The
replacement units shall be deed-restricted as resident occupied affordable
housing, pursuant to the Guidelines of the Aspen/Pitkin County Housing
Authority. An applicant may choose to provide mitigation units at a lower
category designation. Each replacement unit shall be approved pursuant to
Subsection 4, Affordable housing, of this Section.
When this one-hundred-percent standard is accomplished, the remaining
development on the site may be free-market residential development with no
additional affordable housing mitigation required as long as there is no
increase in the number of free-mazket residential units on the pazcel. Free-
mazket units in excess of the total number originally on the pazcel shall be
reviewed pursuant to Paragraph 26.470.070.3, Expansion of free-market
residential units within amulti-family or mixed-use development.
Resolution No~ ,Series 2010
Page 3 of 8
b. Fifty-percent replacement. In the event of the demolition of free-market
multi-family housing and replacement of less than one hundred percent
(100%) of the number of previous units, bedrooms or net livable area as
described above, the. applicant shall be required to construct affordable
housing consisting of no less than fifty percent (50%) of the number of units,
bedrooms and the net livable azea demolished. The replacement units shall be
deed-restricted as Category 4 housing, pursuant to the guidelines of the
Aspen/Pitkin County Housing Authority. An applicant may choose to provide
mitigation units at a lower category designation. Each replacement unit shall
be approved pursuant to Pazagraph 26.470.070.4, Affordable housing.
When this fifty-percent standazd is accomplished, the remaining development
on the site may be free-mazket residential development as long as additional
affordable housing mitigation is provided pursuant to Pazagraph 26.470.070.3,
Expansion of free-mazket residential units within amulti-family or mixed-use
project, and there is no increase in the number of free-market residential units
on the parcel. Free-market units in excess of the total number originally on
the parcel shall be reviewed pursuant to Paragraph 26.470.080.2, New free-
mazket residential units within amulti-family or mixed-use project.
c. One-hundred percent affordable housing replacement. When one-hundred-
percent of the free-mazket multi-family housing units are demolished and aze
solely replaced with deed-restricted affordable housing units on a site,
including any additional dwelling units, pursuant to Section 26.470.070.4,
Affordable Housing; all of the units in the redevelopment aze eligible for an
affordable housing credit, pursuant to Section 26.470.070(4)e., Certificate of
Affordable Housing Credit. Any unused development right shall be restricted
to the future development of additional affordable housing, which would also
be eligible for an affordable housing credit.
Section 4• Amendment to Section 26.470.060 (2)(c), affordable housin¢
requirements for single-family and duplex develonment, of the Land Use Code
The language in Section 4 pemrits affordable housing for asingle-family or duplex dwelling
to be mitigated through a Certificate of Affordable Housing Credit. Therefore, Therefore,
Section 26.470.060 (2)(c), Affordable Housing, is amended as follows:
c. Affordable housing requirements for the types of single-family and duplex development
described above shall be as follows:
Single family. In order to qualify for asingle-family approval, the applicant shall have
five (6) options:
1)Providing anabove-grade, detached accessory dwelling unit (ADU) or a carriage
house pursuant to Chapter 26.520, Accessory Dwelling Units and Carriage Houses;
2) Providing an accessory dwelling unit, or a cazriage house, authorized through special
Resolution Nc~, Series 2010
Page 4 of 8
review to be attached and/or partially or fully subgrade, pursuant to Chapter 26.520;
3) Providing anoff--site affordable housing unit within the Aspen Infill Area accepted by
the Aspen/Pitkin County Housing Authority and deed-restricted in accordance with
the Aspen/Pitkin County Housing Authority Guidelines, as amended;
4) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin
County Housing Authority Guidelines, as amended;
5) Recording aresident-occupancy (RO) deed restriction on the single-family dwelling
unit being constructed; or
6) Providing the required full-time equivalents (FTEs) through the extinguishment of a
Certificate of Affordable Housing Credit, according to Aspen/Pitkin County Housing
Authority Guidelines, as amended.
Duplex. In order to qualify for a duplex approval, the applicant shall have seven (7)
options:
I) Providing one (1) free-market dwelling unit and one (1) deed-restricted resident
occupied(RO) dwelling unit with a minimum floor azea of one thousand five hundred
(1,500) square feet;
2) Providing either two (2) above-grade, detached accessory dwelling units or carriage
houses (or one [1] of each), or one (1)above-grade, detached ADU or carriage house
with a minimum floor azea of six hundred (600) net livable square feet, pursuant to
Chapter 26.520;
3) Providing either two (2) accessory dwelling units or carriage houses (or one [1] of
each) or one (1) ADU or carriage house with a minimum of six hundred (600) net
livable squaze feet authorized through special review to be attached and/or partially or
fully subgrade, pursuant to Chapter 26.520;
4) Providing anoff-site affordable housing unit within the Aspen Infill Area accepted by
the Aspen/Pitkin County Housing Authority and deed-restricted in accordance with
the Aspen/Pitkin County Housing Authority Guidelines, as amended;
5) Providing two (2) deed-restricted resident-occupied (RO) dwelling units;
6) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin
County Housing Authority Guidelines, as amended; or
7) Providing the required full-time equivalents (FTEs) through the extinguishment of a
Certificate of Affordable Housing, according to Aspen/Pitkin County Housing Authority
Guidelines, as amended.
Resolution No~, Series 2010
Page 5 of 8
Section 5: Creating a new chapter: 26.540, Certificate of Affordable Housing
Credit, of the Land Use Code
The language in Section 5 adds a new chapter of the land use code pemutting certificates of
Affordable Housing Credit. Therefore, Chapter 26.540, Certificate of Affordable Housing, is
adopted as follows:
Chapter 26.540
CERTIFICATE OF AFFORDABLE HOUSING CREDIT
Sections:
26.540.010 Purpose
26.540.020 Authority
26.540.030 Application and fees
26.540.040 Procedures for establishing a certificate of affordable housing credit.
26.540.050 Authority of the certificate
26.540.060 Transferability of the certificate, contents of the grantor certificate
and grantee certificate
26.540.070 Extinguishment of the certificate.
26.540.010 Purpose.
Establishing a Certificate of Affordable Housing Credit provides another option for
meeting housing mitigation requirements. In particulaz, this mitigation method would
mean that affordable housing would be certified for occupancy at the time the mitigation
requirement is met, and before any development-related impacts aze experienced by the
community.
26.540.020 Authority.
The Planning and Zoning Commission is authorized at a public hearing, meeting the
noticing requirements of Section 26.304.060 E, Public Notice, to approve, approve with
conditions, or deny an application for the establishment of a certificate of affordable
housing credit in the form of a resolution.
26.540.030 Application and fees.
All applications shall include the information required under Chapter 26.304, Common
Development Review Procedures. In addition, all applications shall also include the
following information.
A. Net Livable Area. The net livable squaze footage of each unit
B. Area Reductions. If applicable, the conditions under which reductions from net
minimum livable squaze footage requirements aze requested according to Aspen/Pitkin
County Housing Authority Guidelines.
Resolution No,~, Series 2010
Page 6 of 8
C. Income Category. The proposed income category of each unit.
D. FTEs. The number offull-time equivalents (FTEs) housed by the units.
26.540.040 Procedures for establishing a Certificate of Affordable Housing
Credit.
A. Content and recording of the certificate. Once the reviewing board approves the
creation of affordable housing credits, a certificate can be established by the property
owner when a certificate of occupancy is issued for the affordable housing units. The
property owner shall provide proof of both the resolution approving the creation of the
affordable housing credits and the issuance of a certificate of occupancy to the
Community Development Department prior to the administrative issuance of a certificate
by the Community Development Director. The content of the Certificate of Affordable
Housing Credit shall include the following information.
1. Certificate number. A number on the certificate in chronological order of their
issuance.
2. Property description. A parcel identification number, legal address and the
street address.
3. FTEs. The number of full-time equivalents (FTEs) housed by the units.
4. Income category. The certificate shall note the income category the FTEs can
mitigate; a maximum of category 4.
B. Release of the certificate. Prior to release of a certificate by the Community
Development Director, a letter acknowledging receipt and acceptance of the certificate
shall be submitted to the Community Development Department.
26.540.050 Authority of the certificate
The certificate may be utilized in whole or in part, including fractions of no less than .1
of an FTE, to satisfy affordable housing mitigation requirements in accordance with other
applicable sections of this Title.
26.540.060 Transferability of the certificate, contents of the grantor certificate
and grantee certificate
A. Transferability. ACertificate of Affordable Housing Credit is legally transferable in
whole or in part in the form of FTEs, including fractions of FTEs.
B. Reissuance of certificate(s). When all or part of a certificate is transferred to a
recipient, the grantor certificate shall either be fully voided or amended to reflect the
Resolution No~, Series 2010
Page 7 of 8
lesser number of FTEs remaining on the certificate, by following the procedures outlined
in subsection 26.540.040 A, Content and recording of the certificate, above.
26.540.070 Extinguishment of the certificate.
A. Commission/Council Approval. Upon approval of a land use application by City
Council or the Planning and Zoning Commission pursuant to Chapter 26.470, Growth
Management Quota System, the approving ordinance or resolution shall contain a
condition that extinguishes all or part of a Certificate of Affordable Housing Credit, if
applicable. An exhibit to be recorded with the ordinance or resolution shall include a
copy the certificate.
B. Administrative Approval. Upon administrative approval of a land use application
pursuant to Section 26.470.060, Growth Management Quota System, the resulting
Development Order shall include a condition that extinguishes all or part of a Certificate
of Affordable Housing Credit.
Section 6•
This Resolution shall not affect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior ordinances.
Section 7:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for
any reason held invalid or unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and shall not affect
the validity of the remaining portions thereof.
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 19th
day of January, 2010.
APPROVED AS TO FORM:
~----
James R. True, Special Counsel
PLANNING AND ZONING
COMMISSION:
Stan Gibbs, Chair
ATTEST:
~r~,
ackie Lothran, Deputy City Clerk
Resolution No/~, Series 2010
Page 8 of 8
City Planning & Zoning Meeting -Minutes -January 19, 2010
Comments ................................................................................2
Minutes ....................................................................................2
Conflicts of Interest ....................................................................2
Proaosed Certificate of Affordable Housine Credit Code Amendment .....2
301 W Hyman -Subdivision and additional land use reviews ................. f
City Planning & Zonine Meeting -Minutes -January 19 2010
Stan Gibbs called the regular meeting in Sister Cities Meeting Room to order at
4:30pm. Commissioners present were Jim DeFrancia, Cliff Weiss, Michael
Wampler, LJ Erspamer, Stan Gibbs and Bert Myrin. Jasmine Tygre and Brian
Speck were excused. Staff present were Jim True, Special Counsel; Jennifer
Phelan and Ben Gagnon, Community Development; Jackie Lothian, Deputy City
Clerk.
Minutes
MOTION: Bert Myrin moved to approve the minutes from January O5, 2010,
seconded by Michael Wampler; all in favor, APPROVED.
Conflicts of Interest
None stated.
PUBLIC HEARING:
Proaosed Certificate of Affordable Housine Credit Code Amendment
Stan Gibbs opened the public hearing for the proposed certificate of affordable
housing credit code amendment. Ben Gagnon stated there was a parallel in that
Peter brought forward this idea to amend the text of the land use code but it would
apply to anywhere in the city so it is not to be considered just in terms of this
project.
Gagnon explained the P&Z's job to amend the text in the land use code is to
determine if the application meets the standards for an amendment. Gagnon said
those standards are spelled out in exhibit C and as the memo states there are a
number of standards that don't apply to this proposed amendment. None of the
standards related to this particular amendment: would this amendment be
compatible to surrounding zone districts, would it have an impact on traffic, would
it place demands on public facilities, would it have adverse effects on the natural
environment; this amendment would not change any dimensional requirements of
any zone district. Gagnon said this amendment would not change any review
process; it would simply allow for the issuing of certificates of affordable housing
credit, so in terms of having an impact on its surrounding area in terms of a
development this code change would not allow anyone to build anything more than
is in the code or anything less or do anything that the code today allows or doesn't
allow. Gagnon said this is strictly a technical process to allow the granting of a
certificate; there certainly are other impacts but are not related to how big a house
could be or how big a project could be. Gagnon said that staff focused on the
standards of review regarding whether the amendment was consistent with the
Aspen Area Community Plan, whether it's consistent with community character
2
City Planning & Zoning Meeting.- Minutes -January 19, 2010
and generally speaking whether it's in harmony with the purpose and intent of the
land use code.
Gagnon said the central priority of the 2000 Aspen Area Community Plan was
affordable housing. Gagnon said that this code amendment would allow the person
who is demolishing, replacing and expanding a single family or duplex to buy
down the equivalent FTEs and what they've done is say Peter has a certificate of
14 full time equivalent credits, which would be issued because he scraped and
replaced and created deed restricted housing; the person would come in and buy
those from him and what's happened instead of putting cash down this person will
now have bought a certificate that reflects an actual affordable housing unit that is
actually built and actually occupied as opposed to putting down cash towards
housing that may or may not be built in the next 2 years or 5 years or 8 years or
whenever that cash in lieu is exercised.
Gagnon said that another way the certificate could be used was if the growth
management application comes before the Planning and Zoning Commission or it
goes to City Council, in other words it's a bigger project, it's a PUD, a multi-
family housing replacement; it's something that goes to P&Z instead of just an
administrative application and requires housing mitigation for say 4 FTEs and one
of the options for the application is to buy down credits in the form of certificates
that reflect actual housing that's out there and actual housing that's been built and
occupied as opposed to trying to find some kind of payment in lieu or some other
way to mitigate.
Gagnon said the process for actually establishing the certificates relies on the
housing authority to make a finding that the development of affordable housing up
to a certain size and certain number of units according to the housing guidelines.
This is not in the code this is affordable housing not in the code; this is affordable
housing not required for the purpose of mitigation. Gagnon said in the past Lodge
employers have acquired or built affordable housing just for employees or
converted a Lodge to employee housing. Gagnon said that what this code
amendment says is that if it creates deed restricted affordable housing that's not
required for mitigation you will get credits that can be used in the future against
required mitigation and staff did not see where that would inhibit or discourage the
building of affordable housing or the acquisition of deed restriction of affordable
housing and that could in fact could serve a real community benefit in that the
mitigation that is applied through the development of a small or large size could be
built right away and not be built and developed later on so that the mitigation be
provided immediately before the development impact is created.
3
City Planning & Zoning Meeting -Minutes - January 19 2010
Gagnon said that the multi-family housing stock is aging and our code allows for
the redevelopment ofmulti-family housing in a number of ways but for whatever
reason the applicants are not excited to go through the options that we have in
growth management for multi-family housing replacement. This code amendment
creates an opportunity; a different route to do 100% deed restricted affordable
housing for amulti-family replacement project. Gagnon said that if you have 3 or
more free market multi-family housing units you could demolish and replace it
with all deed restricted affordable housing and because of this ability to get a credit
that's actually a financially viable redevelopment strategy for the developer but it
creates affordable housing where none exists.
Jennifer Phelan said that it provides another potential form of mitigation where it's
a voluntary ability for someone to develop or deed restrict a site and have those
units online before the mitigation is actually bought on the private market.
Gagnon distributed the existing TDR certificates.
Cliff Weiss asked if this went through APCHA and where are their minutes.
Gagnon replied yes it did but they are in the other memo. Stan Gibbs stated they
were on page 30. Jennifer Phelan said that Council considered this at a work
session last fall and were willing to entertain this idea. Gibbs asked if Council was
final decision on this. Gagnon replied that Council was final decision and the way
the language was written was for P&Z was that P&Z finds that the amendment
meets the standards of review.
Michael Wampler said that he didn't see cost anywhere in the memo or resolution,
they were proposing to build 8 units; how would the credit work towards them.
Wampler said if those units aren't used for 5 years, how are those credits;
obviously there will be an inflation rate on value of what those credits are but
where is it addressed. Gagnon replied it is actually the same way it is addressed in
the code today; the housing authority will determine how many credit he gets, how
many FTEs he gets; there is a formula to follow.
LJ Erspamer asked if this will exclude the public purchase of housing; in other
words let's say the city has a housing fund and they want to buy these certificates.
Gagnon replied that there was nothing in the language that would keep the city
from doing the same type of thing. Erspamer asked if this reduced the requirement
for more employee housing inventory. Gagnon said there were 2 separate distinct
motivations for affordable housing; one was large employers must provide housing
for their employees in town and some is motivation. Erspamer asked how records
4
City Planning & Zonine Meeting -Minutes -January 19, 2010
were kept. Gagnon replied it was in the back section; it's like a certificate and is
recorded; the transferability of the certificate; the reissuance of the certificate and
APCHA and Community Development have it. Erspamer asked if a sunset date
could be included. Gagnon replied that it wasn't fair to the market.
Cliff Weiss said that FAR was touched on but what was the FAR AH Zone limits;
what are the height limits. Gagnon said there was a guide in the memo; if you
want to rezone to AH you automatically go through a PUD process.
Stan Gibbs asked Ben to explain on page 2 of the memo what "buy down" means.
Gagnon replied that the credits could be applied in either case; if you were to
redevelop something or if you wanted to take a free market unit and buy it down; it
was possible to do but not necessarily likely.
Bert Myrin asked where the landing site could go wrong. Gagnon replied you have
to approve the amount of mitigation that's required; this is a different method for
meeting the mitigation.
Peter Fomell, applicant, stated that when a developer wants to build something and
they know that there is required mitigation for it; if that developer builds an ADU
we have to hope that he puts someone deserving in it; if somebody decides to go
the cash in lieu route we have to hope that money is well spent. Fomell said when
he went to Council they said they would be interested in supporting this code
amendment; he said that he is creating competition for himself but that doesn't
bother him because he wants to see the furthence of employee housing. Weiss
asked the applicant if there were code for this kind of conversion in terms of
setbacks, height and density would you prefer that to a PUD process. Fomell
replied that a PUD process gets a lot of lighter scope than a permitted use in a zone
district and this is causing a harder microscope and your questions was I going to
spend $300,000.00 or $3,000,000.00 to build this building gets settled on its own
because nobody's going to approve a PUD project for any purpose that doesn't
have the inherent qualities that they need to have including structural and design
and appropriateness. Fomell said that he would prefer to see it as a PUD for an
employee housing development but if you think there is an idea out there in future
that might cause a new zone district, well certainly that's something that could be
addressed. Jeffrey Halfrety, designer/architect, said that was an interesting
question because different zones apply with different mass and scale and height
requirements so it enables the community to control it better through a PUD
process in one generic AH because we were trying to make AH zoning in different
5
City Planning & Zoning Meetine -Minutes - January 19 2010
parts as far as the AACP in the Commercial Core and zone by zone was different
with lot size, density and should be site specific.
LJ Erspamer asked if a certain amount of rent was charged for the certain category.
Fornell responded that they were all going into the housing lottery that category
dictates the housing price and they were for sale units. Erspamer asked how many
locations in town did Peter see this applying to. Fornell responded that there were
maybe 3 to 10 maximum and most of them consist of old buildings that need
something done with them because nothing fits them.
Weiss asked if this building to be torn down was historic. Phelan responded that it
was not on the list.
Public Comments:
1. Gary Snyder, public, said this seems to fit a slot that hasn't been thought of
before as far as the code amendment goes. Snyder said the property and the
people building those are taking the chance that they weren't going to work
for them financially. Snyder said it was a good time that someone steps up
and does something about employee housing as opposed to doing another
single family home.
2. Michael Behrendt, public, asked briefly how FTEs were computed. Phelan
replied that in the land use code there was a section that talks about a studio
unit mitigates for 1.25 employees. Gagnon said that a 1 bedroom mitigates
for 1.75 employees and a 2 bedroom mitigates for 2.25; there was a whole
sliding scale. Behrendt asked if they were also size related. Gagnon replied
they were. Behrendt said that in this case you were dealing with 6 or 7 FTEs
here with four 1 bedroom units. Gagnon explained that these were free-
market units today and the code amendment proposal is to convert free-
market units to deed restricted affordable housing units in perpetuity you get
credit for the deed restricted affordable housing units.
Gibbs closed the public comment section.
Bert Myrin said that a while back lodges converted from lodging to affordable
housing; does this create a potential for more lodging to convert to affordable
housing because it would create some money for these old lodges. Gagnon replied
that they would have to rezone to AH PUD and you have to go through the list of
criteria for PUD and a whole separate set of considerations that we are talking
about but yes it was an option to rezone the property but it must be consistent with
the Aspen Area Community Plan. Gagnon said the Aspen Area Community Plan
6
City Plannin & Zoning Meeting -Minutes - January 19, 2010
wants to see old lodges persevered. Fornell said the market will prevent that from
ever happening.
Erspamer asked what happens if the certificates for the mitigation prices raise.
Gagnon replied the developer was happy and the city was just as happy. Gagnon
said that they would still be providing mitigation for development.
Weiss said this was obviously good for the community but he had 2 hesitations:
one is the PUD versus zoning for this project and he was worried that everything
coming PUD will max out the P&Z agenda year in and year out with this; he
recognizes that it's debatable; the PUD certainly gives P&Z more control but there
is a very pro affordable housing Council and he didn't know if they cared as much
about the neighborhoods as P&Z does. Weiss said a lot of things pass that are
necessarily fit for the community. Weiss said his other concern was that there was
a discrepancy between what housing recommends and the code in this choice of
category; he was confused by category 4 verses Housings recommendation
category 1, category 2; he would have like to have seen more of a presentation on
the sliding scale when it is closer to the core it has more value and as you move out
to Cemetery Lane there is less value and there was nobody from housing to debate
this and present their side of this. Phelan replied there was a minimum size for sale
studio category 4; a category 4 one bedroom; a category 2 one bedroom is actually
allowed to have a smaller size so when you design something that doesn't meet
your minimum square footage for a category 4 one bedroom, it would be dropping
to a lower category. Gagnon said that in these cases you will see a tendency for
lower category units because the FTEs are an important part of the equation and if
you can only fit so much square footage on a site then you are more likely to do a
category 2 rather than a category 4 because of space. Gagnon said there is a limit
on the number of certificates that can be sold also; there is only so much activity
out there in terms of mitigation requirements and single family and duplex scrape
and replace; we are not seeing any of that right now. Fornell said although this is
the R-15 zone district has a strange district line.
Myrin said his two hesitations were one is pushing the housing to the outskirts of
the city limits because the land values are less expensive. Gagnon responded the
Aspen Area Community Plan values in town affordable housing much more than it
values much more than it value out of town affordable housing. Myrin said the
second hesitation he did not have an answer to because we were creating code for
possibly forever and we may not be here when it is implemented.
7
City Plannine & Zoning Meeting -Minutes -January 19 2010
Erspamer said that the neighbors come to Council and the Council might listen to
them; in his neighborhood they went and Council ignored them, the character of
the neighborhood means nothing in the Aspen Area Community Plan. Erspamer
said that he thought this was a good idea and he has met the criteria for the code
change. Erspamer said he was concerned about the duplex lots changing to 4plex
and 8plex and what it is going to do to the neighborhood. Erspamer said the PUD
process for this affordable housing is only one parking space per unit.
Gibbs echoed a little bit of what LJ said and the amendment has a lot of merit and
met the criteria. Gibbs said this would get around cash in lieu and generate more
affordable housing.
MOTION: Jim DeFrancia moved to approve Resolution #3, series 2010;
seconded by Mike Wampler. Roll call vote: Erspamer, yes; Myrin, yes; Wampler,
yes; Weiss, yes; DeFrancia, yes; Gibbs, yes; APPROVED 6-0.
Discussion of the motion prior to the vote: Weiss said that he had stronger feelings
about the code amendment then he did about the project; it has good intentions but
was not so sure about the unintended consequences and was worried about voting
on this passing the code change. Weiss said he liked the concept but was worried
for certain neighborhoods; he felt that the PUD and COWOP processes needed to
be reined in. DeFrancia appreciated Cliff's comments and concerns; his own view
was there was not any code that would be absolutely perfect; this is an amendment
and could be amended again. DeFrancia thought it was a positive step and it was a
code amendment that would contribute some flexible alternatives and the staff
recommended it and that was the basis for his motion to approve. Myrin said that
he wasn't convinced that P&Z could change it completely because there was no
restriction on the way the certificates were being used or landed. Weiss said that
parking in relation to this code; there are certain requirements for parking now both
zoning and housing. Weiss said that yes P&Z will have to judge the parking plan
but parking has a big effect on every place that you may apply this code change; in
some cases it requires certain amount of on street and certain amount of off street
parking; this is open ended.
PUBLIC HEARING:
301 W Hyman -Subdivision and additional land use reviews
Stan Gibbs opened the hearing on 301 W Hyman and asked for the public notice.
Peter Fornell said that he had the photo and Jim True said the photo had to be clear
and the posting and affidavit had to be attached; it must be up 15 days prior to the
hearing. Fornell said that he would bring it in Wednesday. Mike Wampler saw it.
8
City Planning & Zoning Meeting -Minutes -January 19, 2010
Jim True said that traditionally they have allowed an applicant 24 hours to provide
the affidavit. Fornell said that he was representing John Cooper; the property was
owned by an LLC and Peter was the managing member of the LLC.
Ben Gagnon explained there were 41and use review processes: the amendment to
the zone district map, rezoning; consolidated conceptual and final PUD;
Subdivision and Growth Management for Affordable Housing. Gagnon said that
the first 3 Rezoning, PUD and Subdivision are P&Z recommendations to City
Council, where the City Council is the final authority. The Growth Management
for Affordable Housing is the Planning & Zoning Commission is the final decision
making body. Gagnon said that there are some criteria that are repeated in
different land use processes for example Rezoning, PUD and Subdivision you are
supposed to find the proposal consistent with the AACP. Gagnon said the AACP
talks about the public and private sectors working together to ensure success in
providing affordable housing; the AACP wants to see greater participation by the
private sector and those criteria are met in this case. Gagnon said another distinct
criteria in the AACP is encourage affordable housing within the traditional town
site and that's where transportation comes in being able to walk to work and events
and less reliance on the automobile; those criteria are repeated in the
Transportation and Housing Sections and the Growth Management Section as well.
Also the AACP talks about Housing needing to be compatible with the scale and
character of the community; this is criteria within the AACP that's also found in
the PUD section with regard to this case.
Gagnon said on page 32 was a zoning analysis of the neighborhood and starts with
a table that compares different zone districts and basically this was to get across
what a R-6 and R-15 zone district require or allow for in terms of floor area ratio
somewhere between .3 and .5 is typical which is a relatively small floor area ratio
and densities are obviously pretty low densities; single family and duplex uses in
R-6 and R-15 and as you work your way up to residential multi-family you see
higher floor area ratios, higher densities and when you get to AH PUD you see
higher floor area and higher densities. Gibbs asked if the density numbers were a
person per 6,000 square feet. Gagnon replied that it was a unit for lot area; for R-6
you need a maximum of 6,000 square feet for a single family home size; in the R-
15you need a maximum of 15,000 for a single family home. Gagnon said the
floor area ratios were on page 33 and the densities were on page 34; the purpose
was to see what was in the neighborhood and what fit into the neighborhood.
Gagnon said the City of Aspen owns open space land between the 301 W Hyman
parcel and the closest neighbor and only neighbor to the west and that buffer
9
City Planning & Zoning Meeting -Minutes -January 19 2010
creates an unusual feel you don't usually have a 30 foot swath of open space
between two parcels.
Gagnon said this was a 3600 square foot lot and in the AH PUD process all of the
dimensions-are left to the process; there are guides for FAR and for maximum
allowable density. Because the lot size is 3600 square feet the suggested guide is
that the structure be 3960 square feet fora 1.1 to 1 FAR. Gagnon said the initial
proposal was 4024 square feet, which was a small amount over the suggested guide
and that proposal had stairways on the outside of the building and walkways; staff
asked the applicant internalize all of those walkways and stairways primarily of
architectural standards that staff found weren't being met in that manner so the
applicant changed their proposal in response to staffs request the FAR went to
4486 square feet and that was a 13% increase what the zone district guide
identifies. Gagnon said the whole point to a PUD was measuring and balancing;
community benefit over dimensional requirements. Gagnon said the other guide
was the maximum allowable density in this case if it were to fit the guide exactly
he would be able to build 7.2 dwelling units and he is looking to build 8 so he is
looking to vary that guide slightly. Gagnon said the PUD section specifically
allows you to ask for an increase in maximum allowable density if there is a
significant community goal to be achieved through such and increase and a
development pattern that is compatible with the surrounding neighborhood.
Gagnon said the next big section is about Traffic and Transit, Pedestrian
Circulation and Parking; the existing condition on page 7 in the photograph is
about 6 head in parking spaces on the east side of the property, those are in the
City right-of--way and the parking department does not want to lose those head in
spots if they were to be parking on site on the property and secondly the only
parking would be on the north side of the parcel on Hyman Avenue and there were
a number of places in the code that it does not want to see onsite parking accessed
from a public street it would rather see it accessed from an alley or a private road
and neither of which exists on the site. The onsite parking spaces can be changed
by special review in the PUD process and take place at the PUD process and not
special review. Gagnon said the reason staff is supporting no onsite parking is the
combination of the parking department wanting to retain those head in spaces on
the east and to avoid having people drive off a public street onto a parking space
on the front lawn, which the code does not want to see in two different places of
the code in the residential design and in the characteristics of off street parking.
Gagnon said that if you put any head in parking spaces on site you would be
knocking out the parallel parking spaces on the street so your net gain overall
parking would be very small if any. Gagnon said the Parking Department walked
10
City Planning & Zoning Meeting= Minutes -January 19, 2010
the site with staff and being familiar with that neighborhood finding sufficient on
street parking capacity for generating another 4-6 vehicles both on Hyman and
Second Streets and on Hopkins.
Gagnon said that when Peter came in with his first proposal staff found that it
didn't meet the PUD requirements for architectural character. This becomes a real
difficult situation for staff because naturally the applicant will say what don't you
like about it and how can we change it so you will like it and staff is not in the
business of designing buildings; some changes were made but they still didn't meet
staffs overall objectives and didn't feel like it met the housing program in a
positive way and staff didn't feel like that was happening with what staff had in
front of them.
Gagnon said that the finding for Growth Management was that the APCHA Board
makes an approval; all of the units are above grade; the units are for sale units; sold
to APCHA qualified people.
Erspamer asked what time of day did the Parking Department take you to the site.
Gagnon replied it was sometime in the afternoon and two people from parking
came and they were familiar with the area and a page was written up and signed by
Tim Ware. Erspamer asked if Ben spoke to anyone at the Ice Garden. Gagnon
replied that they haven't and the parking department said that the Ice Garden
generates parking in the area more in the winter than the summer but again parking
found there was sufficient on street parking to handle a net increase of 4 units at
about 500 square feet each.
Erspamer said that if an alley doesn't exist around a home how can the City
requirement of access from an alley or private property be made. Gagnon replied it
was a preference. Erspamer said there is no alley so you can't apply the City
regulations to that.
DeFrancia said that staff is recommending that P&Z remand this back so that you
can work with the applicant on the architecture; does that imply that you are
recommending approval of the application. Gagnon replied yes.
Myrin said that on page 6 the requirement for AH PUD for off street parking; even
though there are no parking requirements; he asked if they can include parking
requirements. Gagnon replied yes P&Z could.
11
City Plannine & Zonine Meetine -Minutes - January 19 2010
Peter Fornell, applicant, said that the area of the residential design was what he
was most focused on. Fornell said that he wants it to be the right thing and
compatible with the neighborhood. Fornell passed around drawings from the 1 S`
through the 4`h attempts on designs (exhibits) and the last attempt was what was
shown. Fornell said that they have taken what Housing said from the standpoint of
the interior use of the building. Fornell said that the first floor component would
be brick and stacked rock and incorporated the second floor decks front and back
to the units and the 4 upstairs units will have vaulted ceilings and the 4 downstairs
units will be handicap accessible. Fornell said that his motivation was to get the
right people on the piece of real estate and then move forward with the credits.
Fornell distributed the design guidelines 26.410 from the code; he said that he met
with 9 of the 10 standards.
DeFrancia said that some landscaping up to the building would soften and some
shutters on the windows would give a little depth. Fornell asked the Commission
to help make this building better. Gagnon said staff was looking for that porch
entry on the longer block face which staff considers Hyman as opposed to Second
Street.
MOTION: Jim DeFrancia moved to extend the meeting to 7: 30 pm; LJErspamer
seconded. All in favor, APPROVED.
Jim DeFrancia said that he had to leave at 7:15 pm.
Public Comments:
Michael Behrendt, public, requested the neighborhood meet with the applicant and
he though the big problems that they will have are parking and sidewalks.
Behrendt said that he was there as an outreach.
Gibbs closed the public hearing portion.
Erspamer stated it was a big mistake not going to the Ice Garden about parking.
Michael Wampler said he has watched Aspen change over the years; we are
missing that funkiness and there was a lot missing for fun in the employee housing
that is missing here. Wampler said that he personally liked the beginning drawings
because it represents old Aspen in an old Aspen neighborhood and it would be a
spot that represents old Aspen. Wampler said bring the roof over the decks.
12
City Planning & Zoning_Meeting -Minutes -January 19, 2010
Myrin questioned the snow shedding and storage. Gagnon replied that was on
page 21 of the memo #3 so the snow would shed off beyond the walkway and
entrances. Myrin supported the parking concerns from the commissioners.
Phelan said that staff concern about the roofline was a volume issue. Weiss
recommended that P&Z not vote on this tonight.
Jim DeFrancia excused himself at 7:15pm.
MOTION: Cliff Weiss moved to continue the public hearing for 301 W Hyman to
February 2, 2010 with recommendations for the 29 feet to the peak, minimize mass
and scale and the roof to come out to cover the walkways, parking spaces should
be set aside for this project and the Aspen Ice Garden's thoughts on parking;
seconded by LJErspamer. All in favor, APPROVED.
Adjourned at 7:30 pm.
Lrc.-
ackie Lothian, Deputy City Clerk
13
Exhibit F
APCHA Board Votes and Recommendations
MEMORANDUM
TO: Ben Gagnon
FROM: Cindy Christensen, Housing Operations Manager
DATE: January 8, 2010
RE: 301 WEST HYMAN REDEVELOPMENT
Parcel ID # 2735-124-67-002
ISSUE: The proposal is to change the use of the parcel to affordable housing, demolish the
existing structure, replace with eight affordable housing units and utilize the units for credits that
other developers could utilize for future developments.
BACKGROUND: The development of the property provides a 100% affordable housing project -
al] one-bedroom units -with the units to be utilized as credits for future development. The use of
the units for credits requires an amendment to the Land Use Code.
The proposal has four units on the first floor and four units on the second floor with eight storage
units located in the basement of the structure. The units will be approximately 503 squaze feet.
Although there is no off-site parking proposed there is street parking available in the area. The
square footage does not meet the minimum requirements for aone-bedroom unit, but the
Guidelines allow fora 20% reduction of squaze Footage if certain criteria aze met; i.e., the location
of the project, additional storage, the units being provided are above grade, etc. With the ability to
have the 20% reduction, the units meet the minimum requirements for Category 1 and 2 one-
bedroom units as stated in the Guidelines.
Then language being proposed for the band Use Code would be an additional to paragraph 4 of the
Affordable }lousing section. The language is as follows:
e. "I'he initial owner of one or more affordable housing units that aze developed after
(EFFECTIVE DA"fE OF CODE AMENDMENT APPROVAL) and that is not required for
mitigation is eligible to receive a Certificate of Affordable Housing Credit (CAHC) fully
describing the dimensions of the affordable housing units, to be recorded with the
Aspen/Pitkin County Housing Authority and the Pitkin County Clerk and Recorder's
Office; such certificate is legally transferable and may be utilized subsequently to satisfy
affordable housing mitigation requirements in accordance with other applicable sections of
this Title.
The affordable housing section of the Land Use Code is attached.
The Housing Board reviewed the project at their regular meeting held January 6, 2009. The
applicant expressed to the Board that the project had been modified per the Community
Development Department to satisfy certain requirements of the Land Use Code and per the Fire
Marshall to meet fire regulations.
RECOMMENDATION: The Housing Board is recommending approval of the redevelopment of
the parcel as well as the additional language to be added to the Land Use Code. The Board is
recommending approval with the following conditions:
1. The units shall be ownership units and sold through the Aspen/Pitkin County Housing
Authority lottery system upon certificate of occupancy.
2. The applicant, upon Certificate of Occupancy, shall receive the use of 14 mitigation credits
(1.75 employee for each one-bedroom unit times 8 units) in the form of a Certificate of
Affordable Housing Credit (CAHC).
3. The units shall be classified as one-bedroom units, 503 square feet for the four units on the
first floor and 508 square feet for the four units on the second floor, for a total of 4,044
square feet.
4. The units shall be classified as Category 1 and 2 with the preference for the units to sold as
Category 2, but that the credits can be utilized to mitigate at the Category 1 or 2 rate.
5. That the language allowing for the use of the 100% privately constructed affordable housing
development be able to use a Certificate of Affordable Housing Credits to sell to future
developers to be approved.
6. The Certificate of Affordable Housing Credits shall be required to describe the dimensions
of the affordable housing units (size, number of bedrooms) as well as the category, and shall
be recorded with APCHA and with the Pitkin County Clerk and Recorder.
2
MEMORANDUM ~~''
TO: Mayor Ireland and Aspen City Council ~~~i]~
FROM: Chris Bendon, Community Development Director (~'rllY I
RE: Jewish Community Center -Request for Waiver of Planning Fees
DATE: February 22, 2010
SUMMARY:
The Jewish Resource Center Chabad of Aspen is requesting a waiver of land use fees
associated with the 2009 Jewish Community Center (Ute Avenue) application. Attached
is a fee waiver form and a letter from Rabbi Mendel Mintz.
Currently, our planning and building inspection services aze set up as a fee for service
based on the notion that those persons or entities that request or need the service pay for
it. A deposit is taken at submission for an estimated amount of required staff time up to a
maximum of 12 hours. The remainder is billed or refunded as necessary.
This project required several hearings with the Planning and Zoning Commission and the
City Council as well as site visits, extra time with referral agencies, and extra time
responding to public questions, etc. The scope and complexity of the project review
necessitated additional staff hours and staff invoiced the applicant. Attached is a
summary of the staff time spent on the project. A total of $13,635.25 is currently due.
The applicant submitted a request to extend the statutory vested rights for the Main Street
Jewish Center project. As a condition of accepting the application, staff requested the
applicant either resolve the past due balance or submit a waiver request which would be
forwarded to City Council.
These fees support the General Fund. The Finance Department suggests as an option that
the JCC request a grant for general community benefit of the facilities that they are
building. They can do that through the non profit grant process that occurs each yeaz.
Limited funds are available through that program.
Action by City Council motion is sufficient. Staff suggests this item be resolved prior to
the consideration of the vested rights extension. If the waiver request is not granted and
the vested rights extension is granted, staff suggests conditioning the vested rights
extension on payment of these fees within one month.
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A -Fee Waiver Request Form and Letter from Rabbi Mintz
Exhibit B -Billing Summary
THE CIT}' OF ASPev
Fee Waiver R~, e~
~~
City of Aspen ~+ y j 9 100
Community Development Department ~.I t ~r not'EN
This form should be completed and submitted to the Community Development Director for review. You will be ~fwimn~l~auCyCLVfMCrI l n
made to waive or not to waive the fees regarded in this request form.
For what fees are you requesting waiver? ^ BUILDING ~- PLANNING
Applicant Name: ~-~Q^^'`5\^ ~i°~^Ce ~e...~^. Cl.~y~ c= ~~Contact Ph.# 31~ ^i 1`~S
Mailing address: 1°"~ b~~s° ~O`~~ i`°` GO ~~b~i
E-mail address: ~i~'^~ c~5~ e AO~- ~'^^
Project name&address: "~f`^' SQ^^"'I^ C'O""'"''"``{'1-~`"~`~
X1.35 ~c.,t v~.~ Shar;f
i,r,~, gt(, i 1
Fee Breakdown:
t
Original Fee Requested Original Fee Requested
Fee Description Fee Description Amount Waiver
Amount Waiver
Energy Code Fee REMP Fee
Excavation Foundation Fee Zoning Review Fee
Inspection Fee Planning Application Fee Ij3 S'1b \a. Ct tp~LS
Permit Fee HPC Application Fee
Plan Check Other:
TOTAL OF FEE WAIVER REQUEST $ \ a.. q ae . ~ S
Reason for Waiver: ~~~,~5'Z~ ,
^ General Fund Department -
^ Waived or decreased by City Council (spec~~ify ord~nc~e o~kr other decision document)
~ Other-Please explain: See °~ e '-
~, / / 1 0
Applicant Signature D e
For office use only:
Type of fees waived:
Total fees waived: $
^ APPROVED ^ DISAPPROVED
Community Development Director Date
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
FEE WAIVER POLICY
PURPOSE
Fee waivers to eligible individuals and organizations submitting for building permit or land use
application may be considered upon filing a fee waiver request form to the Community Development
Department. Approval of fee waiver requests may be made by the Community Development Director,
according to the adopted fee policy of the City of Aspen. Costs for all building permit and land use
applications, other than those waived by the Community Development Director, shall be paid as
specified by the fee policy; prior to the issuance of building permits and at the time of submittal of land
use applications.
PROCESS
Fees administered by the Community Development Department can only be waived by submitting a
completed fee waiver form to the Community Development Director. The request shall contain a
description of the project along with a statement expressing eligibility for fee waiver. The Community
Development Director will review the request and give approval or disapproval in accordance with
provisions set forth in this policy. The Community Development Director does not have the ability to
waive fees administered by other City Departments or other organizations.
All organizations and individuals seeking fee waiver MUST submit their written request to the City of
Aspen Community Development Director prior to submitting the building permit or land use application.
The approved fee waiver must then be presented at the time the building permit or land use application
is submitted to the building or planning departments.
ELIGIBILITY CRITERIA
General Fund Departments do not pay fees to the Community Development Department for building
permits or planning applications, with the exception of Capital Projects. The fees waived for these
projects will be tracked by the Community Development Department Qournal entries are therefore
unnecessary). IR effo. )seep paperwork and applications consistent, General Fund Departments shall
still be required to submit {he approved fee waiver with all applications for building and planning
applications.
General Fund Departments include:
Non-Departmental 001.00 Streets Department 001.41
City Council 001.03 Parks Department 001.55
City Manager 001.05 GIS Department 001.60
Personnel 001.06 IT Department 001.61
City Clerk 001.07 Special Events 001.70
City Attorney 001.09 Recreation Activities 001.71
Risk Management 001.10 Aspen Recreation Center (ARC) 001.72
City Finance Department 001.11 Ice Garden Operations 001.74
Community Development 001.13 Cons. Trust FD/Lottery 001.75
Engineering Department 001.15 *Capital Projects 001.90
Building Department 001.21 Asset Management Plan (AMP) 001.91
Environmental Health 001.25 *Tabor Capital Projects 001.94
Police Department 001.31 Outgoing Transfers 001.95
Records 001.33
Communications 001.39 NOTE*Capital Projects are not exempt from fees
CITY OF ASPEN COMMUNITY DCVELOPMENT DEPARTMENT
FEE WAIVER POLICY
PURPOSE
Fee waivers to eligible individuals and organizations submitting for building permit or land use
application may be considered upon filing a fee waiver request form to the Community Development
Department. Approval of fee waiver requests maybe made by the Community Development Director,
according to the adopted fee policy of the City of Aspen. Costs for all building permit and land use
applications, other than those waived by the Community Development Director, shall be paid as
specified by the fee policy; prior to the issuance of building permits and at the time of submittal of land
use applications.
PROCESS
Fees administered by the Community Development Department can only be waived by submitting a
completed fee waiver form to the Community Development Director. The request shall contain a
description of the project along with a statement expressing eligibility for fee waiver. The Community
Development Director will review the request and give approval or disapproval in accordance with
provisions set forth in this policy. The Community Development Director does not have the ability to
waive fees administered by other City Departments or other organizations.
All organizations and individuals seeking fee waiver MUST submit their written request to the City of
Aspen Community Development Director prior to submitting the building permit or land use application.
The approved fee waiver must then be presented at the time the building permit or land use application
is submitted to the building or planning departments.
ELIGIBILITY CRITERIA
General Fund Departments do not pay fees to the Community Development Department for building
permits or planning applications, with the exception of Capital Projects. The fees waived for these
projects will be tracked by the Community Development Department (journal entries are therefore
unnecessary). lit'effo7~,t¢ keep paperwork and applications consistent, General Fund Departments shall
still be required to submit fhe approved fee waiver with all applications for building and planning
applications.
General Fund Departments include:
Non-Departmental 001.00 Streets Department 001.41
City Council 001.03 Parks Department 001.55
City Manager 001.05 GIS Department 001.60
Personnel 001.06 IT Department 001.61
City Clerk 001.07 Special Events 001.70
City Attorney 001.09 Recreation Activities 001.71
Risk Management 001.10 Aspen Recreation Center (ARC) 001.72
City Finance Department 001.11 Ice Garden Operations 001.74
Community Development 001.13 Cons. Trust FD/Lottery 001.75
Engineering Department 001.15 *Capital Projects 001.90
Building Department 001.21 Asset Management Plan (AMP) 001.91
Environmental Health 001.25 'Tabor Capital Projects 001.94
Police Department 001.31 Outgoing Transfers 001.95
Records 001.33
Communications 001.39 NOTE* Capital Projects are not exem pt from fees
~ ~ »~.~
... ~.~~
.ir3l~ 1 9 2010
t-~ ~ ~ u;r :i~~F'cVk
The Jewish Community Center - Chaba~ ofAspen
435 West Main Street ~ Aspen, Colorado, &6u ~ (g7o) 544-3770 ~ www.jccaspen.com
Mr. Chris Bendon
Director, Community Development
City of Aspen
130 South Galena Street
Aspen, CO 81611
Dear Chris,
I hope this letter finds you well. I am writing in regards to our application fee for our planned
purchase of the Silver Lining Ranch in 2009. As you are aware, we were unsuccessful in purchasing this
property due to legal threats and opposition from the Stillwater neighbors.
The Jewish Community Center paid the original land use application fee of $3,576 for the Silver
Lining Ranch project. The remaining balance in question is for the additional staff time beyond the
hours we purchased with the original fee. We feel that a lot of the extra time staff spent was because of
the controversy the neighbors generated and this is a very difficult expense for us to bear at this time.
We kindly request that our fee for the additional staff hours be waived. Due to the economy, our
organization has been deeply affected and we have had numerous requests from people in the
community for assistance with tuition and basic needs.
Your attention and positive response would be greatly appreciated.
Yours truly,
~~~
Rabbi Mend- el M'
Founder & Director
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MEMORANDUM
TO: Mayor Ireland and Aspen City Council ~
THRU: Chris Bendon, Community Development Director •' ~~~
FKOM: Amy Guthrie, Historic Preservation Officer
RE: 435 W. Main Street, Jewish Community Center- Extension of Vested Rights,
Resolution # ~, Series 2010, Public Hearing
DATE: February 22, 2010
SUMMARY':
The Applicant, 'I~he .lewish Resource Center Chabad oI~ Aspen, requests an extension of the
vested rights for an approved community facility to February 25, 2013- a 3 year addition to
the current expiration date of February 25, 2010. The project was originally approved in
2007 and consists of worship space, library, office and community areas, alfordablc housing,
and a preschool, located on the [,'Auberge lodge site at 435 W. Main Street.
The applicant pursued and received a building permit, but put the project on hold in 2008,
while investigating an alternative location at Silver Lining Ranch. In the interim, vested
rights for the Main Street proposal elapsed.
Staff supports a 3 year extension of the vested rights, as requested. "The project, which
involved 2 1/2 years ol~ review process, was approved by 1-IPC by a vote of 5-0, P&7. by a
vole of 5-1, and Council by a vote of 5-0.
As a separate agenda item, Council is reviewing a request for waiver of land use fees
associated with the 2009 Jewish Community Center Ute Avenue application. Staff
recommends that, if the fee waiver is not granted but Council approves vested rights
extension for 435 W. Main Street, the extension should be conditioned on payment of the
outstanding fees within one month.
APYLICAN'1' /OWNER:
~I"he Jewish Resource Center Chabad of Aspen, Rabbi Mendel Ming.
IZENRESF,NTA"1'1VE:
Alan Richman Planning Services.
l,ocn"r1oN:
435 W. Main Street, lots A-I, Block 38, City and Townsite of Aspen, Colorado.
RECOMMENDA'T'ION:
Staff recommends that the City Council approve the requested extension of vested property
rights, with conditions.
iZECOMMF:LADED MOTION (ALL 1~1OTIONS ARF, PROPOSED IN THE; AFFIRMATIVE):
"i move to approve Resolution No. ~~. Series of ?010. extending until February 25, 2013,
the statutory vested rights for the Jewish Community Center at 43~ W. Main Street."
CITY' MANAGER'S COMME;N`I"S:
A"I'"1'AC'H MEN"TS:
Proposed Resolution No. ~ Series of 2010.
Exhibit A -Application
RESULUTION NO.
(Series of 2010)
A RF.SULU"PION OF THE ASPEN CITY COUNCIL APP120VING AN
EXTENSION OF THE VES"TED RIGHTS ESTABLISHED BY IIPC RESOLUTION
#5, SERIES OF 2007, FOR THE JEWISH COMMUNITY CENTER AT 435 W. MAIN
S"I'REE1', LOTS A-1, BLOCK 38, CITY ANll TOWNSITE OF ASPEN, PITKIN
COUNTY, COLOR~IDO
WHEREAS, the Community Development Department received an application
from "fhc Jewish Resource Center Chabad of Aspen, represented by Alan Richman
Planning Services, requesting approval of a three-year extension of the vested rights
granted for the Jewish Community Center through IIPC Resolution #5, Series of 2007;
and,
WHEREAS, HPC adopted Resolution #5, Series of 2007, which approved
worship space, library, office and community areas, affordable housing, and a preschool
until February 25, 2010; and
WHF,REAS, the subject property is described as 435 W. Main Street, lots A-I,
131ock 38, City and Townsite of Aspen, Colorado; and,
WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land
Use Code, City Council may adopt a resolution granting an extension of vested rights
after a duly noticed public hearing; and,
WHEREAS, the Community Development Director has reviewed the application
and has recommended approval of the extension of vested rights for the ,Jewish
Community Center; and,
WHEREAS, the Aspen City Council has reviewed and considered the requested
extension of vested rights for the Jewish Community Center under the applicable
provisions of the Municipal Code as identified herein, has reviewed and considered the
recommendation of the Community Development Director, and has taken and considered
public comment at a public hearing; and,
WHEREAS, the City Council finds that the extension of vested rights proposal
meets or exceeds all applicable land use standards and that the approval of the extension of
vested rights proposal, with conditions, is consistent with the goals and elements of the
Aspen Area Community Plan; and,
WHERF,AS, the City Council finds that this Resolution furthers and is necessary
for the promotion of public health, safety, and welfare.
NOW, "I'IIEREFORF,, BF. IT RF,SOLVF,D BY "I'HI': CITY COUNCIL OF ASPEN,
COLORAllO, 'T'HAT:
City Council Resolution No. _
Series of 2010. Page 1
Section 1:
The Aspen City Council does hereby extend the statutory vested rights as approved by
IIPC Resolution #5, Series of 2007 {or the Jewish Community Center at 435 W. Main
Street, Lots A-I, Block 38, City and Townsite of Aspen, Colorado with the following
conditions:
l . "I'he vested rights extension is conditioned on payment of the outstanding fees for
the .lewish Community Center (i.fte Avenue), as applicable. within one month.
2. The statutory vested property right shall not preclude the applications or
regulations which are general in nature and are applicable to all property subject
to land use regulation by the City of Aspen including, but not limited to, building,
fire, plumbing, electrical and mechanical codes, and all adopted impact fees. The
developer shall abide by any and all such building, (ire, plumbing, electrical and
mechanical codes, and impact fees that are in effect at the time of building
permit, unless an exemption therefrom is granted in writing.
Section 2:
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 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 authorised entity.
Section 3:
This Resolution shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 6•
A duly noticed public hearing on this Resolution was held on the 22"~ day of hebruary, 2010
at 5:00 PM in the City Council Chambers, Aspen City Itall, Aspen, Colorado.
FINALLY, resolved, adopted, passed, arld approved by a to vote on this
day of , 2010.
City Council Resolution No. _
Series of 2010. Page 2
Approved as to form:
John P. Worcester, City Attorney
Attest:
Kathryn S. Koch, City Clerk
Approved as to content:
Michael C. Ireland, Mayor
City Council Resolution No. _,
Series of 2010. Page 3
~~ ~iC(~taoL
S"ax 3673 ~4apuc, eeCoaudo 81612
January 25, 2010
r~i°a.~urur. y Se~u~iced
~/~~ (g~o~s2a172s ~@,~,,,,~
Mr. Chris Bendon, Director
City of Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: EXTENSION OF JEWISH COMMUNITY CENTER DEVELOPMENT ORDER
Dear Chris,
The Development Order for the Aspen Jewish Community Center at 435 Main Street was
issued on February 25, 2007 (see Exhibit #1) and established a three year period of
vested rights for the project. The land use approvals on which the development order are
based are City Council Ordinance 36, Series of 2006, and HPC Resolution #5, Series of
2007. The applicant for the project is the Jewish Resource Center Chabad of Aspen.
According to Section 26.308.010 C. of the Land Use Code, the Aspen City Council may
approve an extension of vested rights. The applicant hereby requests a three (3) year
extension of the vested rights for this project, to February 25, 2013. This request is being
submitted prior to the date of expiration of the vested rights for the project.
Section 26.308.010 C.1 of the Land Use Code provides the criteria for the Council to
consider in reviewing a request for the extension of vested rights. The applicant's
responses to these criteria provide an explanation of the extension request, as follows:
a. The applicant's compliance with any conditions requiring performance prior to the
date of application for extension or reinstatement.
Response: Following are some of the key conditions of Ordinance 36 with which the
applicant has complied:
The applicant submitted and recorded the final plat (see Plat Book 85 at Page 39
of the Pitkin County Records) and subdivision improvements agreement (see
Reception No 543902 of the Pitkin County Records) for the project on November
7, 2007, within the time limits allotted by the Land Use Code.
The applicant obtained final approval from HPC pursuant to Resolution 5, Series of
2007 adopted on January 24, 2007.
Mr. Chris Bendon
January 25, 2010
Page Two
b. The progress made in pursuing the project to date including the effort to obtain any
other permits, including a building permit, and the expenditures made by the
applicant in pursuing the project.
Response: The applicant prepared a complete set of plans for issuance of a building
permit for the project and submitted those plans to the City in January, 2008. The plans
were actively being reviewed by the City during the subsequent months. However, the
applicant put a halt to the review of those plans when a new land use application was
submitted for the Silver Lining Ranch in November, 2008. Ultimately, the applicant
requested and received a refund of a portion of the building permit review fee.
The applicant has spent many hundreds of thousands of dollars preparing the land use
applications and building plans for the project and pursuing the necessary City approvals.
A more detailed accounting of these costs can be provided if the Council deems it
necessary.
c. The nature and extent of any benefits already received by the city as a result of the
project approval such as impact fees and land dedications.
Response: The applicant has not yet made any impact fee payments for this project,
although such payments will be made at the time a building permit is issued for the
project.
d. The needs of the city and the applicant that would be served by the approval of the
extension orreinstatementrequest.
Response: The needs of the City and the applicant that would result from this extension
are that it would keep the terms of this subdivision approval valid. HPC and City Council
both granted unanimous approval to this application, finding it to be the appropriate way
to preserve the historic landmark structures on the property and to allow for compatible
development of an essential community facility. Since that time the applicant has spent
considerable time and money working to get the project under construction. Then the
applicant proposed to instead develop the project at the Silver Lining Ranch, but was met
with objections from neighbors in the subdivision, whose threats of lawsuits stopped that
project. The applicant now asks for additional time to pursue the Main Street project
during what has become a dramatically different economic climate than when the project
was originally approved. The applicant believes it is in both the applicant's and the City's
interest to extend the prior approvals so the applicant can proceed with this needed
community facility.
Mr. Chris Bendon
January 25, 2010
Page Three
Conclusion
The applicant looks forward to reviewing this request with the Aspen City Council. Please
do not hesitate to contact us if you have any questions regarding this matter.
Very truly yours,
ALAN RICHMAN PLANNING SERVICES
Alan Richman, AICP
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MEMORANDUM
TO:
THKU:
FROM:
Mayor Ireland and Aspen City Council
VIIIG
Jennifer Phelan, Community Development Deputy Director
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
continued from 2/8/2010
MF,ETING llATE: February 22, 2010
APPLICANT /OWNER:
Aspen Club and Spa, i,LC
REPRESENTATIVE:
Sunny Vann, Vann Associates, LLC
LOCATION:
1450 Crystal Lake Road -Lot 15 of the
Callahan Subdivision
CURRF,Nf JONING:
RR/PUD (Rural Residential) zone district
with a Planned Unit Development (PUD)
Overlay
SUMMARY:
The Applicant requests final PUD, final
SPA, final Timeshare, Growth
Management Reviews, Stream Margin
Review, 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 I,ot 14A will not
change as part of this application) of the
Callahan Subdivision.
PBcZ RECOMMENDATION:
The P&L 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.
STAFF RECOMMENDATION:
Staff recommends City Council require the
Applicant to eliminate or relocate units 5 & I
6 prior to granting approval.
Aspen Club Council Second Reading- 2/22/2010
Pagc 1 of 4
NOTE: Staff has attached new Exhibits to this memo. Exhibits that were part of the first two
packets (first reading on 1/11/2010 and second reading on 2/8/2010) are not being attached
again. Please contact Jessica Garrow if you need an additional copy of these exhibits.
COUNCIL QUESTIONS: City Council asked a number of questions at the February 8`~ public
hearing related to infrastructure. Staff has attempted to address these questions below.
The term "infrastructure" includes many things -- fire, police, social services, transportation &
transit, storm water system, water, sewer, roads, parks, school district, etc. The city has formally
adopted regulations related to some of these, and the applicant will be subject to those
regulations. The applicant will pay the following fees at the time of building permit submittal:
• Parks Development Fee (currently $4,429 per hotel and affordable housing bedroomz);
• TDM/Air Quality Fee (currently $498 per hotel and affordable housing bedroom3);
• Stormwater Impact Fee (currently $2.88 per sq ft of impermeable surface); and
• School Lands Dedication Fee (variable, based on land value, the proposed affordable
housing units are subject to this fee).
The first three fees have been formally adopted by the City for impacts to City infrastructure.
The Parks Fee and the TDM/Air Quality Fee were adopted based on the Impact Fee Study
completed for the City in 2005/2006 and represent the proposed development's proportionate
share of impacts. The fourth fee (School Lands) is a fee the City adopted for the School District
-all money collected as part of this fee is passed on to the School District to pay for impacts to
the School System.
Additionally, the applicant will pay for al] public infrastructure improvements that are needed
because of this project. 'this includes paying for:
• A proportionate share of the sidewalk improvements along Ute Ave ($70,000);
• All proposed safety improvements to Ute Avenue (speed tables, etc);
• Any necessary improvements to the water line on Ute Avenue that result from the
development (the Water Department anticipates that the line will need to be upgraded to
accommodate the necessary water pressure for the development);
• Improvements to the Ute Avenue cul-de-sac to accommodate a 100 foot diameter while
maintaining the center island;
• Relocation and upgrade of the existing sanitation sewer line crossing the property;
• Construction of the trail crossing the property from the existing "Aspen Club "Dail" to
Ute Avenue;
• All "transportation Demand Management measures in the 'tDM Plan (including shuttle
service, bike fleet, bus pass, etc -for full list, see the 'tDM Plan attached to the
Ordinance).
The applicant will pay the amount of each of these fees in place at the time of building permit submittal. So, if the
fee amount(s) are increased or decreased the applicant will be subject to the new number.
~ At this time, the applicant would pay $372,036 for the Parks Fee (60 hotel bedrooms + 24 affordable housing
bedrooms * $4,429)
At this time, the applicant would pay $41,832 for the TDM/Air Quality Fee (60 hotel bedrooms + 24 affordable
housing bedrooms * $498)
Aspen Club Council Second Reading - 2/22/2010
Page 2 of 4
All of these have been included as conditions of approval in the Ordinance. 7'he applicant has
stated in the application, which is incorporated by reference, that any costs related to
infrastructure impacts will be borne by the applicant.
REFERRAL AGENCY COMMENTS: I'he original referral comments are attached as
Exhibits G and H. Environmental Health has provided additional comments, attached as Exhibit
X. These comments address air quality impacts. Based on the Impact Fee Study completed for
the City, the Air Quality/TDM Fee that the applicant is subject to represents their proportionate
share of"air quality and transit impacts.
The City Engineer has identified concerns related to the applicant's drainage plan. Specifically,
that the plan submitted is not detailed enough to determine if the project meets the Engineering
Department's standards for drainage. The applicant has been made aware of the Engineering
Department concerns, and is working to address them.
ORDINANCE CHANGES: The Ordinance has been updated to explicitly list the fact that the
applicant will pay all costs associated with proposed improvements to public infrastructure.
These changes are u,xl~~ 1 uteri and located in Section 11 (Ute Avenue Improvements), Section 14
(Public Works), and Section 15 (Sanitation District Requirements).
The Applicant's Traffic Study has also been added to the Ordinance as Exhibit B (see Section
18: "fransportation). Transportation staff found an error in the TDM plan (the plan references
trips per day when trips per hour should have been used). The TDM Plan attached to the
Ordinance as Exhibit A has been updated to reflect this change (see pages 15 and 25 of the
ordinance).
P&Z RECCOMENDATION: The P&I recommended approval of the project by a vote of 4:2.
STAFF RECOMMENDATION: At this point and time, staff recommends City Council require
the Applicant revise their plans prior to any approvals. Specifically, staff recommends the
applicant:
• l~.liminate or relocate units 5 and 6 from the site plan.
• Revise 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:
Aspen Club Council Second Reading - 2/22/2010
Page 3 of 4
Attachments:
Exhibits included in this packet are bolded; all exhibits list the date they were included in the
Council packet(s)
EXHIBIT A -SPA Review Criteria, Staff Findings (provided 1/1 1, 2/8, 2/22)
EXHIBIT B - PUD Review Criteria, Staff Findings (provided 1/11, 2/8, 2/22)
EXHIBIT C -Timeshare Review Criteria, Staff Findings (provided 1/11, 2/8, 2/22)
EXHIBIT D -Growth Management Review Criteria, Staff Findings (provided 1/11, 2/8, 2/22)
EXt11BIT E - Rezoning Review Criteria, Staff Findings (provided 1/11, 2/8, 2/22)
EXHIBIT F-Subdivision Review Criteria, Staff Findings (provided 1/l 1, 2/8, 2/22)
EXHIBIT G - DRC Comments (provided 1/11, 2/22)
EXHIBIT H -Housing Comments (provided 1/11, 2/22)
ExilisiT [ -Revised "Transportation Demand Management (TDM) plan (provided 1/11)
ExtiiBiTJ- Applicant's Letter Regarding Vesting (provided 1/11)
EXHIBIT K -Applicant's Letter Regarding Continuing Operation of the Aspen Club & Spa
(provided 1/1l)
EXHIBIT L -City Council minutes from Conceptual approval, July 14, 2008 (provided 1/11)
EXHIBIT M -Planning and Zoning Commission Minutes from Final approval, September 29,
October 6, and October 202009 (provided 1/11)
EXHIBIT N -Planning and 7..oning Commission Resolution (provided 1/11)
EXHIBIT O -Application (Bound) (provided I/11)
P,xiiiBrr P -Application Appendix (Bound) (provided 1/11)
EXHIBIT Q -better from Applicant's Attorney dated January 14, 2010 regarding the continued
operation of the Club facility (provided 2/8)
EXlIIBIT R -Letter from Applicant's Representative dated January 25, 2010 regarding the public
accessibility to the proposed timeshare units (provided 2/8)
EXHIBIT S -Site Plans from each stage of the proposed project (provided 2/8)
EXHIBIT T-Optional site plan provided by Applicant, per City Council request (provided 2/8)
EXHIBIT U -Updated TDM Plan (provided 2/8)
Ex~uBiT V -betters from the public (provided 2/8)
ExniBrr W -Letters from the public entered at the 2/8/2010 public hearing (provided 2/8)
EXHIBIT X-Additional Comments from Environmental Health (provided 2/22)
Aspen Club Council Second Reading - 2/22/2010
Page 4 of 4
ORDINANCE N0. 2,
(SERIES OF 2010)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING FINAL
SPECIALLY PLANNED AREA (SPA), FINAL PLANNEll UNIT DEVELOPMENT
(PUD), FINAL TIMESHARE, MULTI-YEAR GROWTH MANAGEMENT RF,VIEW,
REZONING, AND SUBDIVISION FOR THE DEVELOPMENT OF SUB-GRADE
PARKING, TWENTY TIMESHARE UNITS, REDESIGNED COMMERCIAL SPACE,
AND TWF,LVE AFFORDABLE HOUSING UNITS FOR THF, PROPERTY LOCATED
AT 1450 CRYSTAL LAKE ROAD (THE ASPEN CLUB) CITY OF ASPEN, PITKIN
COUNTY,COLORADO.
Parce! /D: 2737-181-32-019
WHF,REAS, 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 (PiJD), and Timeshare, to develop a
sub-grade garage, nineteen (19) timeshare units and twelve (12) affordable housing units, and to
redesign existing commercial spaces; and,
WHEREAS, upon initial review of the application and the applicable code standards, the
Community Development Department recommended the Applicant amend the proposal to better
comply with the requirements of a Specially Planned Area (SPA), a Planned Unit Development
(PUD), Conceptual 'Cmeshare, and the Commercial Design Standards; 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
February 5, 2008, February 19, 2008, March 4, 2008, March 18, 2008, and April 1, 2008, the
Planning and Zoning Commission approved Resolution No. 9, Series of 2008, by a Four to One (4 -
1) vote, approving Conceptual Commercial Design Review, and recommending the Aspen City
Council approve a Conceptual PUD, Conceptual SPA, Conceptual Timeshare; and,
WHEREAS, during a duly noticed public hearing on July 14, 2008, the City Council
approved Resolution No. 65, Series of 2008, by a Four to One (4 -1) vote, approving Conceptual
PUD, Conceptual SPA, Conceptual Timeshare; and,
WHEREAS, on May 4, 2009, the Community Development Department received an
application from Aspen Club and Spa, LLC, represented by Sunny Vann of Vann Associates,
LLC requesting approval of final Specially Planned Area (SPA), final Planned Unit
Development (PUD), final Timeshare, Stream Margin, Affordable Housing Growth Management
Allotments, Multi-Year Growth Management Lodge Allotments, Rezoning, and Subdivision, to
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 ManagemenUSubdivision
Page 1 of 25
WHEREAS, during a duly noticed public hearing on October 20, 2009, continued from
September 29, 2009, and to October 6, 2009, the Planning and Zoning Commission approved
Resolution No. 15, Series of 2009, by a four to two (4 - 2) vote, approving Stream Margin Review
and twelve (12) Affordable Housing Growth Management Allotments, and recommended the
Aspen City Council approve a Final PUD, Final SPA, Final 7 imeshare, 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;
WHERF,AS, 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
'Coning 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,
WHEKF.AS, 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
'boning Commission made at a duly noticed public hearing, comments from the general public, a
recommendation from the Community Development Director, and recommendations from
relevant referral agencies; and,
WHEREAS, pursuant to Section 26.470, the City Council may approve Multi-Year
Growth Management Allotments, during a duly noticed public hearing after considering a
recommendation from the Planning and Zoning Commission made at a duly noticed public
hearing, comments from the general public, a recommendation from the Community
Development Director, and recommendations from relevant referral agencies; and,
WHEREAS, pursuant to Section 26.480, the City Council may approve a Subdivision,
during a duly noticed public hearing after considering a recommendation from the Planning and
Zoning Commission made at a duly noticed public hearing, comments from the general public, a
recommendation from the Community Development Director, and recommendations from
relevant referral agencies; and,
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 2 of 25
WHEREAS, pursuant to Section 26.590, the City Council may approve a Final
"timeshare, during a duly noticed public hearing afrer 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, continued to
February 22, 2010, the City Council approved Ordinance No. 2, 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 Toning 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 standards and that the approval of the development proposal, with
conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council tnds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RF,SOLVF,D BY THE CITY COUNCIL OF THE CITY OF
ASPEN AS FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in "I itle 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 afrer "The Agreement")
that meets the requirements of Land [Jse Code within 180 days of approval. The 180 days shall
commence upon the granting of Pinal Commercial Design Review approval by the Planning and
7,oning 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 character, including building elevations
e. A final grading and drainage plan meeting all requirements of the City Engineer.
f. A tnal utility and public facilities plan.
g. A trail easement Cor the trail to be dedicated to the public (crossing the property Prom the
existing "Aspen Club "frail" through the site to Ute Avenue).
Additionally, The 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 Declaration of Condominium for Aspen Club Living
Condominiums shall provide that the Fractional ]nterest Owners have no right or
authority to terminate or otherwise restrict the operation of the Club facility.
[t 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 Ylat 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 are based off the following standardization: all front yard
setbacks are the south side of the lots, all the rear yard setbacks are on the north side of the lots, and
al] side yard setbacks are the east and west sides of the lots.
Ordinance No 2, Series 2010
Aspen Club PUD,%SPA/Timeshare/Growth ManagemenUSubdivision
Page 4 of 25
RR
Dimensional Proposed Dimensional Requirements for subdivided lots
Re uirement
Lot l: 124,661 sq. ft.
Lot 2: N/A
Minimum Lot Lot 3: 10,812 sq. ft.
Size Lot 4: 26,110 sq. ft.
Lot 5:
9,355 sq. ft. _
__ _ _
Minimum I,ot _
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
l,ot 5: 95 Feet
Lot 1: 30 leet 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 [-ot 2: N/A
Yard Setback Lot 3: 20 feet
(West Side) Lot 4: 5 feet
Lot 5: 0 Feet
Lot 1: 100 feet (15 feet from Top of Slope)
Lot 2: N/A
Minimum Rear Lot 3: l0 feet
Yard Setback I,ot 4: 10 feet
Lot 5: ] 0 feet
Townhouse Units (Lots 3 & 4)
Pitched Roofs (Units L 7, 14): 28 feet
~
i
Flat Roofs (Units 2-5, 8-13): 28 feet
Maximum Club Units (I,ot 2): 28 feet
Height Affordable housing Units (Lot 5): 28 feet with the
following exceptions:
Unit 11, Northwest Corner: 32 feet
Unit 12, Nortbwest Corner: 41 feet
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 5 of 25
RR
Dimensional Proposed Dimensional Requirements for subdivided lots
Re uirement
Unit 12, Southwest Corner: 31.25 feet j
Aspen Club Building (Lot 1): 28 feet
Minimum % NSA I
Open Space
Total FAR:.55:1 ',
l'otal: 94,750 sq. ft.
Allowable Multi-family (affordable housing units): 12,390 sq. ft.
Floor Area Lodge: 50,490 sq. ft. (Townhouse Units: 34,410 sq. ft.; Club
iJnits: ] 6,080 sq. ft.) ~~,
___ Commercial (Club): 31,870 sq. ft. _''
132 spaces total:
Minimum Off- Lodge: 20 spaces
Street Parking Aspen Club and Spa: 95 spaces (60 spaces on Lot 1; 35
spaces on Lots 14A & 14W)
AH units: 17 spaces _
Section 5: 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 if 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.
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
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/'t'imeshare/Growth ManagemenUSubdivision
Page 6 0125
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 S: Building Permit Application
The Applicant shall meet all adopted building codes and requirements in effect at the time the
building permit is submitted. Accessible routes to any public right-of--way and accessible parking
spaces will be required. The proposed project will be subject to the Use Tax on building
materials. T"he 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
(or 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&L 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 [f the Club is intending to operate while under construction, a plan to maintain exits and
separation from construction activity will be required.
g. T'he 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 oCthe 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 pari oCthe building permit submittal.
fhe construction management plan shall address construction while the Club remains open, and
shall address how all construction activities will not impact all trees that are remaining on the
site. Aspen Club Trail access or use for any construction activities is prohibited at all times; this
includes but is not limited to truck traffic, Coot traffic, storage or materials.
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshare/Growth ManagemendSubdivision
Page 7 of 25
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. 'T'his contribution will occur no later than 60 days notice
of the commencement date/notice to proceed of the Trail's construction as provided by the City
of Aspen. The applicant has agreed upon a contribution in the amount of $70,000 to be adjusted
annually according to the Consumer Price Index (C.P.1.)
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 [he 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
fhe 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. 'I"he applicant shall bear all costs associated
w_i~h the prclpowd in~>ro~emcn,U to l'te;l~enue_
Section 12: Affordable Housine
The Applicant shall provide twelve (12) on-site affordable housing units. Three (3) units of 850
sq. ft. of net livable area shall be deed restricted to a Category 2, five (5) units of 950 sq. ft. of
net livable area shall be deed restricted to a Category 3, and four (4) units of 950 sq. fi. 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. "fhe Certificate of Occupancy for the affordable housing units shall
be issued prior to or at the same time as the proposed timeshare units.
hhe affordable housing units shall be owned and managed by the Aspen Club and Spa. More
detailed information regarding the management and maintenance of the units shall be provided to
APCHA with the proposed deed restriction prior to CO.
The owner shall have the right to rent the units to qualified employees of the Club. If the owner
cannot provide a qualified tenant, the units shall be rented through APCHA's normal advertising
process. At no time shall the tenancy of the units during a lease period be tied to continued
employment by the owner. Tenant leases, however, may be terminated for cause or at the end of
the lease period upon termination of employment.
Each tenant in the rental units shall be required to be requalified by APCHA on a yearly basis.
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 8 of 25
The owner shall convey an undivided 1/10`h of 1% ownership interest in the lot on which the units
are situated to APCHA. The APCHA ownership interest shall be in perpetuity or until such time
as the units are converted to ownership units, or the statutory restriction on rent control units is
eliminated.
'the deed restriction shall allow the units to become ownership units at such time as the owner (the
Aspen Club and Spa) elects to condominiumize and sell the units, or at such time as APCHA
determines one or more units are found to be out of compliance with APCHA Guidelines for one
year. If any of the units 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. [f the owner elects to sell the units, the owner may choose 1/3rd of
the initial buyers provided they qualify under APCI iA's top priority for the unit.
if the owner elects to sell the units, or they are required to be sold due to noncompliance, owner
shall condominiumize the units and form a condominium association for the management and
maintenance thereof. The affordable housing association shall be separate from the fractional
ownership unit's association.
In the event the rental units are required to become ownership units due to noncompliance,
APCHA or the City may elect to purchase them for rental to qualified tenants in accordance with
APCHA Guidelines.
Section 13: Fire Mitigation
All codes adopted by the Aspen Fire Protection District at the time of building permit submittal
shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003
Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section
903 and 907).
The applicant shall provide an overall access plan for the site with the building permit submittal.
The subgrade garage shall have adequate t7re 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
'fhe Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and
with the applicable standazds of Title 8 (Water Conservation and Plumbing Advisory Code) of the
Aspen Municipal Code, as required by the City of Aspen Water Department. Utility placement and
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 9 of 25
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.
1'he 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 fora 'type IIIB Commercial Building. This may be satisfied by an analysis
acceptable to the Aspen Water Department which demonstrates system delivery capabilities of
the existing water distribution system at the Ute Avenue side of the project of 3,000 gallons per
minute.
The applicant shall bear all costs associated ti~ith the prc~sed improvements to the water line
along Ute A~'tnuc Enid meter~uxinectuns that result from this~~roject,
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.
Sinec 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 llirector's action items. New easements will
be required for the sanitary relocation according to standard district form. Additional access and
maintenance easements may be required depending on the final sanitary sewer utility plans.
Service is contingent upon compliance with the District's rules, regulations, and specifications,
which are on file at the District office.,.,, ~fhe annlu~rit_shall bear all uxtti associated ~sith the
nosed improvements to the sanitation 5~=stem that result i~rom this ~r~cct,
Section 16: Environmental Health
The state of Colorado mandates specific mitigation requirements with regazds 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 1'DM/Air Quality Impact Fee in place at the time of Building
Permit submittal.
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 10 of 25
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 margin area (fifteen (15) foot setback area from top of slope) or in any area below the top
of slope line (toward the river) unless it is in the exact location of the existing lighting and
requires no additional disturbance to the stream margin area. This shall be verified at time of
building permit submittal.
Section 18: Transportation
The applicant shall comply with all aspects of the Transportation Demand Management (TDM)
plan attached to this Ordinance (Exhibit A). The TDM Plan and the TDA l~ralfic Stud~_
attached as Fxhi~it B~shall be recorded as part of The Agreement.
The applicant may update the traffic counts and "fDM Plan prior to building permit submittal.
"this shall be conducted after working with the Transportation, Community Development,
Engineering, and Environmental Health Departments to ensure compliance with all approvals.
Any changes to the TDM plan based on updated traffic counts must be reviewed and approved
by the Transportation, Engineering, Environmental Health, and Community Development
Departments.
The Applicant shall conduct a meeting to review the Transportation Demand Management Plan
with the City Staff prior to submittal for a building permit application. "fhis 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 ]s` two weeks of March and the 1" two weeks
of August.
Section 19: Parks
Building permit plans shall include a detailed plan submitted for stream margin protection and
stability of the hillside above the trail. The detailed plan shall identify the location of silt fencing
and erosion control along the hillside. The City can provide specifications if needed: minimum
requirements include a silt fence and straw bales placed in a manner preventing erosion and
protect the river from residual run-off. All of these detailed at the 15' set back from top of
slope.
Building permit plans shall include a detailed plan submitted for Construction staging. "fhis 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 backtill, 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.
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshare/Growth ManagementJSubdivision
Page I 1 of 25
An approved tree permit is required before submission of the building permit set. Proper spacing
and a detailed legend for new plantings and plantings around existing trees shall be reviewed by
the Parks Department at building permit submittal. This legend shall include species name.
Building Permit Plans shall detail the material and width of the footpath proposed within the
stream margin area. Phis footpath shall be installed with hand excavation tools only and set
around all trees to remain on site. The utilities located under the trail should be developed and
installed with junction boxes so future repairs can be accomplished without the need to excavate
the new trail This trail shall not be used for or provide access for any construction activities.
phis includes but is not limited to truck traffic, foot traffic, storage or materials.
Aspen Club Trail access or use for any construction activities is prohibited at all times. This
includes but is not limited to truck traffic, foot traffic, storage or materials.
The Applicant will be subject to the Parks Development Impact Pee in place at the time of Building
Permit submittal.
Section 20: ParkinE
No parking is approved for Ute Ave or in the cul-de-sac.
Section 21: School Lands Dedication
The Applicant will be subject to the School Lands Dedication cash-in-lieu in place at the time of
Building Permit submittal.
Section 22: Vested Rights
The development approvals granted pursuant to Planning and "Coning Commission and
Resolution I5, 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. 2 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, aze hereby incorporated in such plan
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 12 of 25
development approvals and the same shall be complied with as if fully set forth herein, unless
amended by an authorized entity.
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, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competentjurisdiction, such portion shall be deemed a
separate, 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`h 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 ~' 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
Michael C. Ireland, Mayor
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 13 of 25
Approved as to form:
City Attorney
Attachments
Exhibit A: Approved TT1M Plan
F;xhibit H: Tll,4 'Traffic Study
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshare/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 c~+yhour. PM peak trips coming to the Club
should be limited to 99 per c#~tyhuur. Additional traffic studies may be prepared between now
and submission for a building permit and baseline trip limits and the "I DM 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, lnc 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. [n 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 guests
• Aspen Club Living owners
Club affordable housing
• Club members
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page IS of25
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Aspen Club Living - TDM Measure Detail
FIXED ROUTE ASPF,N 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 tixed 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. "1'he 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 [o the Aspen Cluh.
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 (8-930am), mid-day (12-I 30pm) and evening (4-6:OOpm) peak hours, on
the half hour and the hour.
b. During shoulder seasons and before 7 AM and after 9 PM, there will be scheduled service
that at a minimum remain within those trip numbers outlined above unless agreed
otherwise with the Transportation department. A reduced service schedule in the off-
season may be appropriate.
c. Without the minimum level of service in place described above, the Club will be required
to contribute a fee equal to 13 trips per day to the operation of the Cross Town Shuttle.
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshare/Growth ManagemendSubdivision
Page 17 of 25
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 "fransportation staff no later than six months prior to the issuance of a
Certificate of Occupancy.
ON-DEMAND ASPEN CLUB SHUTTLE
The Aspen Club will provide an on-demand shuttle service to serve guests traveling to/from the airport
and other areas not served by the fixed route service.
Details
a. Shuttle vehicles will be reduced emissions or zero-emission.
b. On-demand service will be free and available to Club members, owners and guests.
c. On-demand service is meant to serve as a backup to fixed route service and will not
replace fixed route service during peak summer and winter.
d. On-demand service may replace fixed route service during off seasons.
Schedule
a. On-demand service will be available daily during Club hours of operation.
Phasing
A detailed on-demand shuttle plan must be approved by the City of Aspen Transportation Department no
later six months prior to the issuance of a Certificate of Occupancy. This plan must meet the conditions
discussed above.
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 18 of 25
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 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 after
the date of issuance of Certificate of Occupancy. 'the program must be marketed to employees, with
marketing measures to be provided to Transportation no later than six months after the date of issuance of
Certificate of Occupancy. Measure to remain in place in perpetuity unless approved for discontinuance by
the Transportation Department.
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/'timeshare/Growth Management/Subdivision
Page 19 of 25
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 [he
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'fransportation Coordinator.
d. Employees parked in carpool spaces without appropriate permits/tags will be written up.
Phasing
This program must be approved by l ransportation 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
F,mployee parking will be limited to the Crystal Lake Parking lot located on Lots 14A & 14W.
Details
a. F,mployee parking is not allowed in Ute Avenue parking lot.
b. Preferential parking will be provided for employees who carpool.
c. Parking area will be monitored by Transportation Coordinator.
d. Employees parked inappropriately will be written up.
Phasing
This measure is currently in place. Measure to remain in place in perpetuity unless approved for
discontinuance by the Transportation Department.
NEW HIRE ORIENTATIONS
At all new hire orientations, the Aspen Club will provide information on all the different employee
options for commuting to the Club and reducing traffic on Ute Avenue.
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 20 of 25
Phasing
This program must be approved by Transportation Department and in place no later than six months after
the date of issuance of Certificate of Occupancy. Measure to remain in place in perpetuity unless
approved for discontinuance by the Transportation Department.
EMPLOYEE INCENTIVE PROGRAM
the Aspen Club will create incentive plans for carpoolers, bikers, walkers and RFTA riders.
Details
a. Program will consist of gift cards, punch cards, prize drawings or end of season raffles.
Phasing
Program must be in place no later than six months after the date of issuance of Certificate of Occupancy.
Program must be marketed to employees, with marketing measures to be provided to "1"ransportation 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.
F,MERGENCY 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. "Phis will give employees a sense of comfort that they can take the Bus into town but
get home quickly if they need to.
Details
i'he Aspen Club will be responsible for any trips taken beyond the TOP program's budgeted limit
each year.
Phasing
"this measure is currently in place. Measure to remain in place in perpetuity unless approved for
discontinuance by the Transportation Department.
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 21 of 25
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 [he Transportation
Department.
HOUSING PREFERENCF.
Preference for access to On-Site Affordable Housing would be given to employees who agree not to park
a car at the Aspen Club. 'fhe Club will also develop move-in packets that will provide information on all
alternative transportation programs provided in Aspen.
Phasing
Program to be in place before first tenants move in and to remain in place for future tenants.
CAR RENTAL DISCOUNT
Arrangements will be made with a local car rental company for discounted car rentals.
Details
a. The Club will arrange for discounted car rentals for our employees who live on-site as
well as for Aspen Club Living owners.
b. Trips will be charged at the negotiated discounted car rental rates.
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/'T'imeshare/Growth ManagemenUSubdivision
Page 22 of 25
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 1D 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 frx
Aspen Club Living owners.
Details
a. Prior to opening of the project, the Aspen Club and Transportation Department will
determine how to best structure this program, possibly using the services of CAR TO
GO, or possibly being operated by the Aspen Club.
b. Issues to be addressed include:
i. Ownership of vehicle
ii. Access to the vehicle
iii. Payment of maintenance and operating costs
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/'I~imeshare/Growth Management/Subdivision
Page 23 of 25
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 C'hG 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/I'ransportation 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. "fhe report must indicate
both daily and hourly traffic counts. Annual report shall also include status of required 'fDM
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 [he 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. "fhe Transportation Department may require interim check-ins as necessary.
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshare/Growth ManagemendSubdivision
Page 24 of 25
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 ~"UA (860 trips per day, 70 AM peak trips per
dayhour, and 99 PM peak trips per dayhour), then the Applicant shall also be required to update the "i DM
Plan. 'this update must be conducted prior to submission for a building permit, and must be reviewed by
the 'T'ransportation, Engineering, Environmental Flealth, 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 "1"DA traffic counts shall be submitted as part of the building
permit application.
FURTHEK TOOLS
Should monitoring show [hat the zero growth goal is exceeded at any time, the Aspen Club will be
required [o develop a plan for approval by the "I"ransportation Department to include a variety of the
following suggested "fDM 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
Ordinance No 2, Series 2010
Aspen Club PUD/SPA,iTimeshare/Growth Management/Subdivision
Page 25 of 25
EXHIBIT
TDA Transportation
COLORADO
~"k~'~~ INC.
October 29, 2008
Michael Fox
,W Aspen Club International
1450 Crystal Lake Road
Aspen, CO 81611
.. Deaz Michael,
.• As agreed, we have summarized high summer season traffic count data that was collected over
~- three consecutive days in August in the vicinity of the Aspen Club and Spa. This data, along
r, with prior traffic counts from this past March during the Spring Break period and in August
2004, will help establish benchmarks for monitoring actual traffic changes associated with
'~ your planned addition of 32 dwelling units at the Club property. We have also estimated
.. what level of Club traffic currently passes through the four key intersections that will be
"gauging stations° for monitoring future changes associated with the Club development plan.
Key findings from the combined data collection effons as further described below are:
• Weekday traffic volume on Ute Avenue is about 70% higher than the weekend day average
with Tuesday and Thursday being slightly higher than the other three weekdays.
"' Summer day 24-hour weekday traffic volumes on Ute Avenue are about 50% higher than
the corresponding winter weekday volumes.
,• Club and Spa daily traffic volume is slightly higher on Friday, as compared to mid week or
weekend days.
~. Hourly traffic activity at the Glub is highest and fairly uniform between lOAM and 1PM,
and again between 3PM and 6PM for weekday and weekend.
• Asa "design day" for assessing future development traffic, a Thursday during August
~, would represent a typical high traffic activity day for the surrounding neighborhood, when
Club traffic is near its daily peak volume.
• The 3:00 to 4:00 PM hour is the. combined peak traffic hour for Ute Avenue and Club &
'~' Spa trips. During this hour, Club trips comprised about 29% of the 200 vehicles on Ute
Avenue east of Original.
,,, During the nine-hour daytime video count, for all arrivals to the Club, approximately 81%
are via auto; 10% via bicycle and 99'o as pedestrians. Approximately 80% of arrivals are via
Ute Avenue entrance with 20% crossing the footbridge from Crystal Lake Road.
• On a 24-hour basis, Club traffic using Ute Ave is about the same level as the volume
attributed to Ute Place residences and the other abutting uses located between Ute Place
and Original Street.
900 E louisiona Ave. Safe 100 Dearer, Colorado 80210 ~ 3 03 825-7 101 ~ F.4X: 3038257108 ~ TDA®tdacolorado.com
r
Aspect CIMb & Spa Tsafftc
October 29. 2008
2
• Just a few Club members/workers currently use the Crosstown bus route that runs along
Ute Avenue.
"" • At the busiest intersection in the vicinity -Original Street/Cooper Avenue -Club & Spa
.. trips represents about 8% of summer day total traffic in the AM peak hour and 5% in the
higher overall volume PM peak hour.
INTRODUCTION
_ To augment and further identify peak traffic conditions in the vicinity of the Aspen Club &
Spa, recent summer traffic counts were collected to compare with winter counts at nearby
"' locations. Count locations and time periods were selected in concert with City engineering
.,,, staff. By design, counts performed at the same locations during the same calendar week in
future years will help identify changes associated with Aspen Club and Spa development
traffic. Specifically, future counts will help document the degree of success in implementing
[he wide ranging Transportation Demand Management Plan that is being designed for your
` planned mixed-use expansion program.
This report summarizes the new August 2008 summer counts and compares with available
Mazch 2008 winter counts, as well as the earlier August 2004 summer traffic counts performed
'~ at two intersections along South Original Street and the access drive to the Aspen Club & Spa.
The March 2008 counts were collected during the high winter season of Spring Break while
the August 2008 counts reflect high summer season conditions. Data were collected by the
firm All Traffic Data Services.
DATA COLLECTION
r 24-Hour Volume
^ In March 2008, Ute Avenue east of Original was counted for seven consecutive days. All
~„ vehicles passing each location were recorded separately for each travel direr[ion. This week-
long count identified daily variations in Ute Avenue traffic volumes throughout a Spring
Break week. Exhibit A illustrates the total and directional daily volumes for the full week. As is
r1 common in mountain resort towns, weekday volumes are higher than those on weekends. During the
count week Tuesday and Thursday each exceed 1,500 vehicles per day. The average weekd~a ~ total daily
_. ExhibA A
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r i To01 D••y Tr•Mlc try Dk•ctlon ~~
en Ulf I1YIIIY• ••YN W Otl•M•19tn•t
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'I Mm TEA ~~ WIG Tlw Fn SM Sw~ '.
ita/t COIOfOCIO
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._ October 29, 2008
Aspen Club fr Spa Traffic Count
volume of 1,300 is about 70% higher than the weekend average of 800 vehicles per day. For comparison,
CDOT data shows that SH 82, as it follows along Cooper Avenue, just southeast of Original St., caaied
_ 6,900 annual average daily vehicles in 2007.
The August 2008 count was conducted in collaboration with City public works staff. Three
r days of continuous traffic volume data were collected at six locations. 24-hour count data
were collected from midnight Thursday, 8/21 through midnight Saturday, 8/23. The six 24-
,~ hour count locations are listed here and identified in Figure 1:
,,, 1. on Ute Avenue east of Original Street
2. on Original Street south of Ute Avenue
'~ 3. on Aspen Club & Spa entrance north of Ute Avenue
.-. 4. on Ute Avenue east of Ute Place
5. on Crystal Lake Road west of SH 82
6. on Crystal Lake Road west of the X intersection
Locations #1, #3, and #41ie along Ute Avenue, the main road serving the Aspen Club & Spa.
'~ Locations #5 and #6 serve a parking area along the north side of the Roaring Fork River
,,., which connects to the Aspen Club & Spa via a footbridge over the river. Location #2 lies on
an alternate route for vehicles heading out of town.
.r
Intersection Peak Hour Volumes
Turning movement counts were recorded on Thursday, Friday, and Saturday, August 21-23,
2008, at four intersections along the usual travel path for vehicles accessing the Aspen Club &
Spa. Two-hour counts were performed from 7:00 to 9:00 AM and 4:00 to 6:00 PM to
determine the peak 60 minutes of traffic flow during the usual morning and evening peak
periods. The four turning movement count locations, also identified on Figure 1, are:
7. Cooper Avenue at Original Street
.. 8. Durant Avenue at Original Street
9. Cooper Avenue at West End
10. Duran[ Avenue at Spring Street
r Data were also collected at Locations #7 & #8 above during a Friday, Saturday, and Sunday in
-~ March, 2008 and a Wednesday & Thursday in August, 2004.
Aspen Club Entrance Volume
,_ Video recordings collected count data at the Ute Ave. entrance to the Aspen Club & Spa on
Friday, August 22"d for nine hours from 10:00 AM to 7:00 PM. This provides detailed
~' information on turning movements made by vehicles, bikes and pedestrians into and out of
the Aspen Club at both the main lot and side lot entrances. In addition, bus patronage was
noted, counting riders on and off each bus arriving on the half hour.
_ Secondary access to the Club is provided on the north side, via a pedestrian bridge over the
Roaring Fork River. This bridge and trail connects to a designated Club parking lot along
Crystal Lake Road, north of the river. A nine hour video count on Friday, August 22nd, from
10:00AM to 7:OOPM, recorded pedestrian activity there as well.
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October 29, 2008
Aspen Club f> Spa Tragic Count
oaee 5
DAILY VOLUME COMPARISONS
A summary of the 24-hour summer count data along Ute Avenue, shown in Figure 2, affirms
the common trend in resort towns that weekday volumes are higher than on weekends.
Figure 2 illustrates daily volumes, for the three days of the count, at three of the count
locations. Volume on Ute Place is calculated using data from Locations #f & N4. During the
count, Thursday represents the peak with nearly 2,200 vehicles per day on Ute Avenue just
east of Original Street. Friday volume on Ute Avenue is almost 90% of the peak Thursday
volume, while Saturday volume is just 60% of the Thursday peak. Similar percentages are
shown on Ute Avenue just east of Ute Place.
Also noted here, while weekday daily vehicle volume to and from the Aspen Club is fairly
consistent, Friday was marginally higher than Thursday, unlike traffic on the adjacent streets.
Figure 2
__ -- __ 1
Volume Profile
August 2006 Daily Volume Comparison
along Ule Ave & at Aspen Club Main Lot Entrance
zsoo -_ _ .._----- - --'
' ®Ute Ave e/o Original St
2,nz
z oao ~,e3z ~ Ute Ave elo llte PI
Is Aspen Club entrance
- ----
1,488 ,1,375
i,6oo -
N 1,277
a 868
_ i,ooo
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a -
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876
416 i
Sat
Frf
iDA Colorado
Aspen Club & Spa Traffic Count
October 29, 2008 Page 6
a
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Crystal Lake Road provides an alternate access to the Aspen Club & Spa site via SH 82.
Vehicles can park at a designated Club parking lot along this road and walk across a
footbridge over the Roaring Fork River to the Club entrance. As shown in Figure 3, nearly
60% of the volume on this road is headed [oward the parking area serving the Aspen Club.
The remainder accesses residential areas along Crystal Lake Road. Again, Thursday volumes
are highest with Friday at about 97% and Saturday at 60% near the highway and 40% closer to
the river.
Figure 3
Gyslal Lake Rostl Tafal Deiy Vdunes
August2oo8 ®Thurs
~ ato ---- D Fri
i~nl~l, ~
!!Ir! !
~ s,.;ii I :.:, i
WYy Voturres on Gystal Lake AoaC '
- i
south of SH82 Ld F~ttrance
Seasonal variations in traffic are depicted in Figure 4, comparing total daily volumes on Ute
Avenue east of Original Avenue during the winter season in March and high summer season
in August 2005. As shown, summer Thursday volumes are again higher than Friday or
Saturday, with the Friday and Saturday proportions nearly the same in winter and summer.
As is also common in mountain resort towns, summer volumes are again shown to be higher
than winter volumes. The August Thursday total is 50% higher than during a Spring Break
week in March, with similar percentage comparisons for Fridays and Saturdays.
Figure 4
Ute Avenue Total neily Volumes l~ Tl1UrS '
M arch vs. Aupst 2008
z,~TZ ®Fri
- --_
2~ ~~'~ o Sat
1DA Colorado
Aspen Clab f> Spa Traffic Covent
,~ October 29, 2008 Page 7
r
Hourly volume entering the Aspen Club & Spa varies throughout the day. Figure 5 illustrates howly
total volume accessing the Club from Ute Ave, showing variations for Thursday, Friday and Satwday.
Friday late morning exhibits the highest hour with a total of 67 vehicles in and out dwing the 9:00 to
10:00 AM period. Also shown are the peaking characteristics and how they vary by day of week.
Each day has amid-morning peak period from about 10 AM-Noon and a late afrernoon peak from
about 46 PM. Satwday afrernoon volume drops off stars earlier than the weekday 6 PM drop off.
Figure 5
Total Volumes at Aspen Club Main Entrance
n/o Ute Avenue
~ August 2008
i 70
X60
'~ 50
I!, > 40
t 30
c 20
i= 10
i 0
- Thurs
-Fri
-Sat
1 2 3 4 5 6 7 8 9 10 11 12 13 ib 15 i6 17 18 19 20 21 22 23 24 '
Hour Ending
'~ INTERSECTION PEAK HOUR VOLUMES
Figure 6 displays the Thursday AM and PM peak hour volumes for each turning movement at
the four intersections counted. Total Thursday volumes are also shown at each of the six 24-
hour locations. Turning movement counts are summarized every 15 minutes. The peak
volume is defined as the highest total of four consecutive 15-minute volumes. The AM peak
hour usually occurs between 7 and 9AM, while the PM peak hour occurs between 3:30 to
6:30PM.
T The highest turning volumes occur during the PM peak hour at the Original/Cooper
"' intersection with 130 southbound lefr turns and 187 eastbound right turns. Both of these
-. movements are links in the State Highway 82 designated route through the city.
CLUB & SPA TOTAL DAILY TRAFFIC VOLUME
-- As depicted in Figure 6, combining 610 daily Club vehicles on Ute Avenue with the 250
_. vehicles using Crystal Lake Road suggests a total of 860 vehicle trips attributed to the Club &
Spa on a typical summer weekday.
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Aspen Club & Spa Tra/ftc Count
Paee 9
VOLUME COMPARISON FROM PREVIOUS COUNTS
Data was also collected at two of the four intersections shown in Figure 6. These earlier
counts were during a Friday, Saturday, and Sunday in March, 2008 and midweek in August,
2004. The data show that at the Cooper and Durant intersections with Original Street, winter
weekday AM peak hour volumes are slightly higher than for summer weekday AM, but the
reverse is true in the PM, where summer weekday PM peak hour volumes are higher than in
winter.
Specifically, data show that ac the Cooper/Original intersection, the AM peak hour weekday
'~ August 2008 volumes are 14% lower than the August 2004 counts and 4% lower than the
... weekday March 2008 counts. However, the August 2008 PM peak hour volumes at the same
location are only 4% lower those in August 2004, yet 22% bigber than in March 2008. Figure
y 7 displays this data, showing that weekday PM peak hour volumes represent the highest
"" hourly volumes, regardless of the season.
Figure 7
Summer 2004
.__ Comparison of Peak Hour Total Volumes
Wm96r 2008
at Cooper 8 Original
.- - ! y~ 9~ Summer 2008
.,
0
Weekday Weekend
AM_-_ _-- -- PM _---- AM PM J
At the Durant/Original intersection, the available Thursday, Friday & Saturday data show
that summer and winter peak hour volumes have less variation, as shown in Figure 8.
However, weekday PM peak hour volumes are again the highest.
As stated earlier, total daily volumes are higher in the summer than in winter. This indicates
that a greater portion of total daily trips are occurring outside of the peak hours during the
summer than in winter due to longer days and usually better roadway conditions.
Figure 8
Comparison of Peak Hour Total Volumes
at Durant & Original
Summer 2004
1,000 _ _ .-._____-_ _........_ ntei 2681
I~
Z 75o Summer 2008
$~ 523 387 476 _.. _. i~ !!
500
358 292 338 (375 327 I I
25D r-_~?~.. 212 203
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AM PM AM PM
iDA Colorado
1,000
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6 500
250
Aspen Club fr Spa Trafftc Count
.. October 29, 2008 Page 10
CLUB & SPA TRAVEL MODES
- Vehicle Trips
by Hour of Day
"" As shown in Figure 9, Aspen Club trips tend to build gradually in the morning starting at 8
~- AM and to reach a plateau of about 55 vehicles per hour by 11 AM that lasts through 1 PM,
,~ picking back up to this level between 3 PM and 5 PM before tapering off steadily into the
evening hours. During the busy patt of the average day, from 8 AM to 7 PM, Club & Spa
^ traffic varies from 21% to 34% of total traffic on Ute Avenue at the Original Street
.._ intersection. As shown in Figure 9, the hours with higher proportional share of total traffic
attributed to the Aspen Club are 10 to 11 AM, when Club trips peak and 4 to 5 PM, when
~' Ute volume begins to taper off.
Figure 9
^
..'
...
i
Hourly portion of Aspen Club Trips ®Total on Ule e/o Orpinal
on lRe Avanus e/o Orignal Street ~ gspen CWb enVance vole
200 ~- __. - - --- ...
150 - - _ -_.
100 - - -..
50
° ~ ii ~ ~ § § i b lr `a_ # ~ ~ 1r ~ e f f f ~ ~ Is e
Hour Fnding
Peak Hour Volumes
At the Aspen Club entrance, the AM and PM peak hour volumes used in analyzing traffic
impacts at intersections in town occurred on Friday from 8:00-9:OOAM and from 3:30.
'° 4:30PM. The AM peak hour Club volume of 54 trips had 40 in and 14 out, while the PM
._ peak hour volume of 67 trips had 36 in and 31 out via the Ute Avenue entrances.
Alternate Modes of Arrival
^ Pedestrian Volumes
^^ There are residences in the surrounding neighborhood and some Club members do walk to
,~ the facility. From lOAM to 7PM on Friday, the daytime video count shows a total of 18
pedestrians into and 16 out the Club via the Ute entrance, contributing 6% of the combined
^ vehicle, pedestrian and bike access there during those nine hours.
'~ A secondary access to Aspen Club & Spa is via a footbridge over the Roaring Fork River,
serving the parking area along Crystal Lake Road north of the river. A video count of
pedestrian and bicycle activity hereon Friday, 8/22/08 from 10:00AM to 7:OOPM shows a
total of 154 pedestrians and 19 bicycles using the footbridge to access the Club. Of the
.. pedestrians, it is assumed that approximately 80% are walking to/from their vehicles parked
along Crystal Lake Road, with 20% either passengers in cars or walking in from the
neighborhood. Therefore, total pedestrian access to the Club via both entrances is
approximately 65 trips during the nine-hour count, representing 9% of total arrivals.
..
7DA Colorado
October 29, 2008
Aspen Club & Spa Tra/fu Count
Paze 11
Bicycle Volumes
During the nine-hour daytime video count, bicycle access to the Club along Ute Avenue
.. totaled 24 trips in and 34 out, while bicycle access via the footbridge was 6 in and 13 out. A
total of 77 bicycle trips contributed about 11% of the combined vehicle, pedestrian and bike
access to the Club during those nine hours.
' Bus Volumes
~- RFTA provides regularly scheduled Cross Town Route bus service to the Ute Avenue
_ neighborhood near the Club. Video count of the Club entrance along Ute Avenue on Friday,
8/22/08 from 10:00AM to 7:OOP.M shows bus arrivals and departures with passenger loading
"' and unloading. The bus is scheduled to arrive every 30 minutes on the hour and half hour.
_,,, During the nine-hour count, bus riders totaled 17 boarding and 10 alighting at the Aspen Club
entrance on Ute Ave. However, not all of those transit riders were oriented to/from the
Aspen Club.
_ The peak hour of bus usage a[ this location was Noon-1PM when 3 passengers got on and 1
got off the bus. Transit currently is used by just a few Aspen Club members/employees.
r
1[14 Colorado
Aspen Club & Spa Trafftc Count
„, Octobe:29, 2008 Page 12
CLUB & SPA VEHICLE TRIPS THRU KEY INTERSECTIONS
,„ Vehicle trips to and from the Club distribute to and through town via several routes. Using
existing trip distribution patterns noted at each of the four key interseceions counted, Figure 9
depicts the expected distribution of Aspen Club trips to the roadway network. Current
-r patterns show that all Club vehicle trips using the south entrance enter/exit via the west and
~„ continue to/from the north via Original Street. Overall, entering trips currently arrive
approximately 409'o from the north via SH82, 18% from the east via SH82, and 42% from the
"' west through other streets in Town. Exiting trips currently depart approximately 55% to the
~. north via SH 82, 17% to the east via SH 82, and 33% to the west through Town.
Table 1 presents the total morning and evening peak hour traffic volume through each of the
_ four intersections counted. The existing Aspen Club vehicle trips contribute 11% of the AM
peak hour volumes through the intersection of Durant Ave & Original Street. The PM
~-- hourly share is 9%. As Club trips distribute throughout the roadway network, the percentage
,,, of total traffic attributed to the Club is reduced.
.., The future expanded Aspen Club & Spa is estimated to yield a total of 70 AM and 88 PM
peak hour vehicle trips via Ute Avenue assuming no reductions applied for Club-sponsored
" travel demand management (TDM) measures that are currently under consideration. In the
-- morning peak hour, these could be SO trips heading to the Club and 20 departing. Itt the
evening peak hour there could be 46 inbound and 42 out bound Club trips.
Using the distribution patterns shown in Figure 10, the forecasted project trips are added to
existing peak hour intersection volumes. The percentage of traffic attributed to the Club
increases at the Durant/Original intersection only slightly from today's 16% to a future 17%
,,,, in the AM and from existing 14% to future 16% in the PM peak hours. At the high volume
Original/Cooper intersection (State Highway 82) the Club portion increases slightly from 8%
ti today to 9% in the future during the AM and from 4% to 6% in the higher volume PM peak
~- hour.
r
r
Table 1
Estimated Aspen Club Portion of Peak Hour Vehicle Trips
Through Four Key Intersections
Summer Weekda
August 2006 Future (vI CIUD Project) Trips
Analysis Intersectlon Total NN Aspen Club %Tdps Aspen Club Total thru % Aspen
intersection Trips Aspen Club Trips intersection Club Trips
AM PM AM PM AM PM AM PM AM PM AM PM
Cooper Avenue @ Original Street 437 929 ~. 75 45 6% 5% 45 59 482 966 9% 6%
Cooper Avenue @ West End 293 569 10 12 3% 2% 12 15 30.5 579 4% 3%
Durant Avenue @ Original Stf6el 336 476 54 67 76% 14% 70 BB 466 569 17% 16%
Durant Avenue @ Spring Street 273 370 16 19 6% 5% 20 24 293 399 7% 6%
1. from August 2008 fuming movement counts
2. Rom August 2008 tube counts at Club entrance
' 3. from August 2008 video mounts at Club enVanoe
4. existing with added residential trips using standard I7E Tnp Generation rates, no TDM mhigation
l0A Colorado
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October 29, 2008
Aspen Club fr Spa Traffu Count
Pace 14
FINDINGS
^~~ As in similar mountain towns, peak vehicle volumes in Aspen are higher during the summer
,~. months than in winter. Weekday volumes are generally higher than during a weekend.
Therefore, a design day for Aspen Club & Spa residential development traffic monitoring
'" should be alate-August mid-week day.
..
Mid morning and late afternoon volumes at the Club entrance in the August 2008 count were
comparable to the August 2004 peak hour volumes. We expect the daily volume is now
higher than it was in 2004 given the increase in Club membership and services offered during
the intervening years.
The August 2008 video traffic counts for the nine-hour period from lOM to 7PM show that
for all amvals to the Club, approximately 81% are via auto, 10% via bicycle and 9% as
_„ pedestrians. Approximately 80% of arrivals are via Ute Avenue with 20% crossing the
Roaring Fork footbridge from Crystal Lake Road.
.- Club and Spa trips currently represent about 5% of total traffic passing through the
Cooper/Original (State Highway 82) intersection in the summer weekday PM peak hour.
-' The Club contributes about 8% in the AM, when total volumes through the intersection are
less than half of that experienced during the evening peak hour. With the addition of 32
residential units at the Club, coupled with continuing membership growth, we estimate that
Club traffic could increase marginally to 6% of the future PM and 9% of the future AM peak
` hour totals. These impacts could be even less once the effects of the Club's on-going plans for
--- a TDM program are factored into future trip generation.
To assist in identifying actual postdevelopment~raffic changes, we recommend repeating late-
" August mid-week vehicle count at the same locations as the August 2008 counts. As such, we
.... can compare specific turning movements from year [o year to detect the magnitude of change
by specific traffic routes.
M- Please contact us if you have questions or comments on this data compilation and
_ presentation.
... Prepared under the direction of
Sincerely,
TDA Colorado Inc.
'4~"^'l
Audrey Girard
Senior Associate
w
Principal
7~
7D/t COIOfOC1O
David D. Leahy, P.E.
M
Aspen Club Living
Transportation Analysis
Prepared for:
Vann Associates, LLC
Aspen, CO
Prepared by:
TDA, Inc.
685 Spring Street, M195
Friday Hazbor, WA 98250
17-September-2007
TD~1
#21]1
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TABLE OF CONTENTS
ORGANIZATION OF THE TRANSPORTATION STUDY ..................»......._......................_................1
INTRODUCTION ......................._..................................._.......»....... ............................................................... 2
EXISTING CONDITIONS ................................................................ ...............................................................4
Roadway System and Classification ............................. ........................................................ 4
Public Transportation ...................................................... ........................................................ 4
Pedestrian, Bicycle and Equestrian Transportation .... ........................................................ 4
Intersection Operations ................................................... ........................................................ 7
BACKGROUND COND[TIONS .......................__.......................... .................»...................».......»..............8
Roadway Improvements ................................................. ........................................................ 8
Other Planned 1'rojects .................................................... ...............................:........................ 8
Public Transportation ...................................................... ........................................................ 8
PROJECT CONDITIONS ................................................................ ..............................................................11
Trip Generation ................................................................ ...................................................... 11
Fractional Ownership ...................................................... ...................................................... 11
Affordable Housing ......................................................... ...................................................... I 1
Winter Conditions ............................................................ ...................................................... 12
Transit ................................................................................ ...................................................... 12
Trip Distribution and Assignment ................................ ...................................................... 12
Turning Movement Volumes ......................................... ...................................................... 14
Traffic Operation .............................................................. ...................................................... 16
Width of Adjacent Streets ............................................... ...................................................... 16
Parking Requirements and Parking Supply ................ ...................................................... 16
MITIGATION .................................................................................... .............._..............................................18
Appendix A ....................................................................................................................................................... 20
INTERSECTION LEVEL OF SERVICE ...................... ...................................................... 21
GLOSSARY ...................................................................... ...................................................... 22
LIST OF TABLES
"' Table 7. Existing AM Peak Hour and PM Peak Hour LOS ........................ ........................... 7
-. Table 2. Background AM Peak Hour and PM Peak Hour LOS ................ ......................... 10
Table 3. Trip Generation Rates (Vehicle Trip-Ends per Unit)......._ .......... ......................... 11
Table 4. Project's AM Peak Hour and PM Peak Hour Trip Generation ... ......................... 11
'~ Table 5. With Project AM Peak Hour and PM Peak Hour LOS ................ ......................... 16
.. Table 6. Aspen Code Requirements .................................................................... ......................... 16
... LIST OF FIGURES
~ Figure 1. Site Location ..................................................................................... ........................... 3
Figure 2. Existing AM & PM Peak Hour Volumes- summer ..................... ........................... 6
Figure 3. Background AM & PM Peak Hour Volumes .............................. ........................... 9
Figure 4. Project'I'rips AM & PM Peak Hour .............................................. ......................... 13
Figure 5. With Project AM & PM Peak Hour -summer ............................. ......................... 15
J
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ORGANIZATION OF THE TRANSPORTATION STUDY
In describing the impacts and mitigation for the proposed project, this study follows typical
procedures of the transportation planning profession.
This report is divided into three major sections:
• Existing Conditions -refers to today~s traffic, parking, and transit conditions.
• Background Conditions - is a forecast of conditions in the future project completion yeaz
without construction of the project. This section takes into consideration such elements
as changes in traffic volumes, road construction and other developments likely to be
completed. It is referred ro as "background" because these changes provide a
background on which to apply the project.
• Project Conditions -examines conditions in the future yeaz with the project completed.
This section focuses on the impacts of the project and proposes actions to mitigate those
impacts.
Where appropriate, a figure of table illustrates each of the study's findings. Supplemental
information, including a glossary, is contained ro the Appendix.
Aspen Club and Spa
#2177heportdoc
17-Sep-07
TDA, Inc.
~,
INTRODUCTION
' This report describes the traffic impacts associated with the Aspen Club and Spa development
., project. The project consists of developing 19 fractional ownership units and 12 affordable
housing units on the existing Aspen Club and Spa property, and to remodel portions of the
existing Aspen Club and Spa building. No increase in net leasable azea of the existing building
~ is proposed.
.~ LAND USE QUANTITY UNITS
Fractional Ownership
r Club Units
3 bedroom 4 dwelling units
2 bedroom 2 dwelling units
-~
Townhouse Units
"" 3 bedroom 9 dwelling units
,,. 4 bedroom 4 dwelling units
Affordable Housing
2 bedroom 12 dwelling units
r
,~ in addition, the project will provide 19 spaces in a secure subgrade garage for the fractional
units, l2 spaces in the same garage for the affordable housing as well as 5 surface spaces in front
/ of the affordable housing units for temporary parking. There will also be 98 spaces available on
Lot 15 (45 surface spaces and 53 subgrade spaces), as well as 35 surface spaces on Lot 14A.
+~ The project will remove an existing portion of the club as 6 of the proposed fractional units will
be developed within and on the existing structure.
Figure 1 shows the location of the proposed project and study intersections.
~
~, 'T'his draft report is a revision of a draft done m 2005. It changes only the number of affordable
housing units from 8 to 12 and revises the proposed parking supply. Existing traffic volumes
'r are those of the 2005 report and were not recounted. Project trip generation changed slightly.
The level of service calculations were not redone. However, the increase in traffic volumes with
_ the increase in affordable housing is so small that the levels-of-service would not change from
~ their very favorable "A" and "B" levels. With recalculation, the average delays, as shown in
Table 5 might increase by a small, probably insignificant, amount.
U
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~ Aspen Club and Spa
,~ H2 ] 7 7 treportdoc
2
17-Sep-07
TDA, Inc.
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Aspen Club and Spa Site Location
Project Site -
'rp~ FIGURE 1
r_wc.
Aspen CIu6 and Spa 77-Sep-07
N2111treport.doc TDA, Inc.
3
~.
EXISTING CONDITIONS
~~ Roadway System and Classification
rV Roadway classifications for the streets in the study area are:
'" Cooper -arterial (verify)
~,,, • Durant -collector
• Original -collector
' ~ • Ute -residential
...
Traffic Controls
Two intersections were studied to determine project impacts. Both of the intersections aze four-
way stop-controlled intersections: S. Original Street/E. Cooper Avenue and S. Original Street/E.
' Durant Avenue. The driveway of the Aspen Club and Spa was also studied.
Public Transportation
The Roaring Fork Transportation Agency (BETA) provides both city and down-valley transit
service. The Rubey Park transit station is located on Durant Avenue, between Original Street
.. and Monarch Street. The transit station is served by all summer routes run by the RFTA, and
service is available from 6:30 AM to 2:00 AM. Service is generally described below:
s
City Routes -six routes, four of which serve residential areas, and one serves the post office and
Silver Queen Gondola on ten minute headways. The Cross-Town Shuttle specifically runs to the
w Aspen Club and Spa approximately ever 20 minutes.
~ Valley Routes -During the summer, there are 43 scheduled departures. Mid-valley- routes
,. depart every 30 minutes while routes serving Glenwood Springs are provided every two hours.
~ Seasonal Koutes -Special service is provided for events (such as the Aspen Music Festival)
throughout the summer in the Aspen area.'
,~ Pedestrian Bicycle and Ec~vestrian Transportation
'~ E~dsting pedestrian facilities are found on S. Original Street, E. Cooper Avenue, E. Durant
Avenue and Ute Avenue.
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Turning Movement Volumes
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Figure 2 shows the turning movement volumes at each of the study intersections during the AM
and the PM Peak hour. Volumes are based on counts collected by TDA, Inc. on August 18 and
19, 2004.
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Project Site
TDA
Existing AM (PM)
Traffic Volumes
FIGURE 2
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Intersection Orations
~~ Intersection operating conditions were evaluated using the Higlmray Cayacity Manual 2000,
"" updated 2000, and the latest version of Synchro 6.0 for signalized and unsignalized intersections.
,~ The intersection and operating conditions aze indicated by a level of service (LOS) letter
designation. LOS provides a measure of delay ranging from LOS A (free flowing, minimal
delay) to LOS F (extreme congestion, long delays). For signalized intersections, total delay is
estianated. Additional information on LOS is provided in Appendix A.
,~, Table 1 shows the existing LOS for each of the study intersections during the AM Peak hours
and the PM Peak hours. All intersections operate at LOS B or better under existing conditions.
.. Table 1. Existing AM Peak How and PM Peak How LOS.
.~ UnsignaEzed intersections Existing AM Peak how Existing PM Peak hour
S. Original St./E. Cooper Ave. B (]0.0 sec.) B (12.6 sec.)
_ S. Original St./E. Durant Ave. A (8.0 sec.} A (8.8 sec.)
Ute Ave./Aspen Club and Spa A (5.6 sec.) A (5.8 sect
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Note that summer traffic volumes in Aspen are generafly higher than winter volumes. This is
because more summer visitors arrive by automobile than do winter visitors.
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BACKGROUND CONDTCIONS
This section describes the estimated future traffic conditions th the study azea without
development of the proposed project. Because of the Cit}~s established policy of uro traffic
growth, no background increases in traffic volumes were included (Figure 3).
Roadway Improvements
No roadway or signalization improvements are planned for the study area during the period
from now through 2007.
Other Planned Projects
No other projects affecting this study area were identified.
Public Transportation
No significant changes are expected to the public transportafion system in the study area.
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Project SBe -
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Background AM (PM)
Traffic Volumes
FIGURE 3
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Traffic Operations
Table 2 shows the background LOS for the AM Peak hour and the PM Peak hour, compared
with the existing conditions LOS.
In the AM Peak Hour and the PM Peak hour, all intersections remain at a LOS B or higher.
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Peak hour Peak hour AM Peak PM Peak
hour hour
S. Original St./L. Cooper Ave. B (10.0 sec.) B (12.6 sec.) B (10.0 sec.) 6 (12.6 sec.)
S. Original St./E. Durant Ave. A (8.0 sec.) A (8.8 sec.) A (8.0 sec.) A (8.8 sec.)
Ute Ave./Aspen Club and Spa A (5.6 sec.) A (5.8 sec.) A (5.6 sec.) A (5.8 sec.)
Table 2. Background AM Peak Hour and PM Peak Hour LOS.
Unsignalized intersections Existing AM Existing PM Background Background
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PROJECT CONDITIONS
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This section describes estimated trip generation for the project, impact on study intersections,
estimated parking needs, and comparison with parking code requirements.
Tri~Generation
Estimates of project trips are based on adjusted trip generation data found in the Institute of
Transportation Engineers (ITE) Trip Generation (7'^ Edition). These are summarized in Table 3.
Adjustments are described following Table 3.
Table 3. Trip Generation Rates (Vehicle Trip-F,nds per Unit).
LAND USE ITE'I'rip Generation Code AM/PM Peak Hour VTE*
Rate Per Unit
Fractional Ownership
Club Units2
2 - 2 bedroom Resort Hotel (#330) 0.31/0.42 key
4 - 3 bedroom Resort Hotel (#330) 0.31/D.42 key
Townhouse Unitss
9 - 3 bedroom units Resort Hotel (#330) 0.31/0.42 key
4 - 4 bedroom units Resort Hotel (#330) 0.31/0.42 key
Affordable Housing
12 - 2 bedroom Mid-Rise Apartment (#223) 0.30/0.39 DU
' VTE =vehicle trip and (a vehicle trip~end represents either the begirvung or end of a hip; earh trip has 2 trip-ends)
Fractional Ownership
The fractional units are considered lodge units based on the Cit}/s Land Use Regulations. While
fractional interest will be sold, they will also be made available to the public for nightly rental.
Because the fractional units are considered lodge units the ITE figure for Resort Hotel was used.
Affordable Housine
The ITE figures for Mid-Rise apartulents make no distinctions for unit size
Using TTE trip generation rates, we estimate that the proposed developments will result in a net
increase of 16 trips th the AM Peak hour and 21 trips in PM Peak hour. Table 4 shows the
calculation of trip generation assumptions.
Table 4. Project's AM Peak Hour and PM Peak Hour Trip Generation.
LAND USE QUANTTIY AM (PM) Peak Hour'1'rip Ends
Trips In Trips Out _ Total _
Fractional Ownership 38 KEYS 8 (7) 4 (9) 12 (16) T
Affordable Housing
12 - 2 bedroom 12
DU 2~- 2(2) 4(5) ---
. TOTAL 10(10) 6(11 _ 16 (21)
Z Each unit will have one lockout bedroom for a total of 12 keys.
~ Nine units will each have one lockout bedroom for a Total of 22 keys.
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Winter Conditions
Note that summer traffic volumes in Aspen are generally higher than winter volumes. This is
because more summer visitors arrive by automobile than do winter visitors. Under winter
conditions with snow-packed roads, the projected excess capacity may be reduced measurably.
Operations would continue to be in the acceptable range. On a few days after a heavy snowfall,
,,,, road capacity will be further reduced. However, those conditions are infrequent enough that
they should not be used for design and evaluation.
Transit
These volumes are probably conservatively high, because they are based on data incorporating
little use of transit. In fact, the Aspen Spa is served every 30 minutes by RFI'A's Cross-town
'-' Shuttle (8 AM to 9 PM) and by the Spa's own van service.
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Trip Distribution and Assignment
Trip distribution refers to the direction trips travel to and from the site. Figure 4 shows the trip
distribution for new trips to and from the proposed project site during the AM peak hour and
PM peak hour. Yroject trips were assigned based upon existing distribution.
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Taming Movement Volumes
Figure 5 shows the AM and the PM peak hour turning volumes for the project year. These
volumes were determined by adding the estimated project trips for the proposed project to the
background volumes.
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Project Site -
TD.4
With Project AM (PM)
Traffic Volumes
FIGURE 5
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Traffic Operation
Table 5 shows the project LOS for the AM peak hour and the PM peak hour, compared with the
background conditions LOS. hr the AM peak hour and the PM peak hour, all intersections
operate at LOS B or better.
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Table 5. With Project AM Peak Hour and PM Peak Hour LOS.
Unsignalized intersections Background
AM Peak
hour Background
PM Peak
hour With Project
AM Peak
hour With Project
PM Peak
hour
S. Ori ' 1St. E. Coo r Ave. B 10.0 sec. B 12.6 sec. B 10.2 sec. B 72.8 sec.
S. Ori ' al Sk E. Durant Ave. A 8.0 sec. A 8.8 sec. A 8.0 sec. A 8.9 sec.
Ute Ave. As n Club and S a A 5.6 sec. A 5.8 sec. A 5.7 sec. A 6.0 sec.
Width of Ad~acentStreets
The width of Ute Avenue is 27 feet.
Parking_Reouirements and Parkine Suaoly
fable 6 summarizes the applicable minimum parking code requirements for the Fractional Units
and Affordable Housing Units. The existing Aspen Club has a total of 91 spaces (56 on Lot 15
and 35 on lot 14A, across the river).
Table 6. Aspen Code Requirements.
Source Land Uae Unit Parking Rate _
Aspen City Code (Parking Fractional Units (Lodge Unit 0.5 spaces per key
Supply) Units
Affordable Mousing Units Unit l space per unit
Existing Aspen Club
Source: Vann Aasodates.
Table 7 identifies estimated peak parking code requirement.
Table 7. Parking Code Requirement
LAND USE QUANTITY CODE REQUIREMENT Proposed Supply
ADDED Rate Stalls _
Fractional Lod a Units 38 ke s _ 0.5 79 19 in ra e
Affordable Housing
Units 12.units 1 ]2 12 garage + 5 surface
Existing Aspen Club 0 n.a.* 91* 40 Lot 15 + 22 Garage +35
on Lot 14
__._
total 122 133**
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n.a. =not applicable, because no expansion is planned. The 91 space maximum was
determined previously by the City at the time of a previous relocation of the Club's access to
Ute Avenue.
** The 40 surfam in Lot 15 and 35 stalls on Lot 14 exist; the 53 gazage spaces and 5 surface
spaces at the affordable housing units are new.
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MTITGATION
No mitigation is necessary. Traffic operations will remain at a high level-of-service, and the
parking supply is adequate.
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Appendix A
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INTERSECTION LEVEL OF SERVICE
Level of Service (LOS} s a qualitative assessment of intersection operations based on the average
delay (in seconds) incurred by vehicles. Delay is a surrogate measure of driver frustration, fuel
consumption, and lost travel time.
_, For unsignalized intersections, the total delay is calculated. Total delay is the difference between
vehicles actual travel time through the intersection and the travel time if the vehicle had not been
-° stopped or slowed. Only minor movements and major left-turning movements are reported at two-
way stop-controlled intersections. Major through movements have no delay.
.., For signalized intersections, stopped delay is estimated. Stopped delay is the time period when
vehicles are in afully-stopped position, and does not include deceleration/acceleration time or queue
"- move-up tame.
Level of Service "A" represents minimal delays and is associated with free•flowing traffic, while LOS
... "F" is associated with long delays and poor traffic flow. The range of delay for each LOS score for
unsignalized and signalized intersections is:
LOS UNSIGNALTZED INTERSECTIONS SIGNALIZED INTERSECTIONS
_ (Total Delay in Seconds) (Stopped Delay in Seconds)
pt <5 570
B >Sand510 >IOand520
" C >l0and520 >20and<_35
D > 20 and <_ 30 > 35 and <_ 55
F: > 30 and 5 45 > 55 and s 80
p > 45 > 80
Source: 1994 Highway Capacity Manual Update; Transyt 7F Users Guide
,,, Level of Service "F" is not necessarily indicative of intersection failure. Rather, LOS F may indicate
that drivers would experience long delays due to the timing of the traffic signal or other operational
^ problems. High volumes of traffic may still flow through an intersection at overall LOS F.
Further, an intersection may operate at overall LOS A, even though one or more approaches or
._ movements operates at LOS F. This is true because oftentimes the movement/approach which is
operating poorly has very low volumes. The LOS designation is based on the overa[! operation of the
"' intersection. In other words, an intersection with ],000 cars moving through it would still operate
well if the movement experiencing the long or unacceptable delay carries just a few cars.
~.. Delays derived from analyzing the rafio of critical volumes to capacity. The software module
cannot calculate LOS or delay when volumes exceed capacity by a certain amount. In that case, ""'
" may appear th the LOS calculation. Generally, LOS is shown as ""' when volume exceeds capacity.
„~ Although it is sometimes true that an intersection operates at LOS P when ""' appears, this is not
always true.
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GLOSSARY
AVO Average Vehicle Occupancy. The average number of people riding in a vehicle at one time.
Also referred to as ACO for Average Car Occupancy.
-• Background Growth A general level of traffic increase not related to a specific site or project. It is
.. usually expressed as an annual percentage rate of growth.
.-. Capacity The maximum number of vehicles that can be expected to travel over a given section of
roadway or a specific lane during a given time period under prevailing roadway and prevailing
traffic conditions.
CBD Central Business District.
Design Day A design day is generally a busy day during the peak business season, but not the
busiest. Selection of a design day is often used for determining parking needs and traffic volumes. A
_, facility designed to serve the busiest day of the season would result in substantial excess capacity for
al] but a few days of the year, an unrealistic standard. The design day standard provides a balance:
adequate capacity for most days of the year with recognition that it may be exceeded on five to ten
days per year.
Design Year The year a development is scheduled to open.
-~ Headway The time between vehicles moving in the same direction. Often used to indicate the
frequency of buses on a particular bus route.
.. HOV Iligh-Occupancy Vehicle.
Level of Service (LOS) A measure of intersection or roadway operating quality ranging from LOS A
W. (minimal delay) ro LOS F (long delay).
~, Mode Split The percentage of persons in a group which choose to travel by one of a variety of
different modal choices such as auto, pedestrian, transit, and others.
Parking Generation The number of parking spaces occupied by one unit of measure (e.g., per
employee, per apartment) sometimes calculated as parkinggeneration rate th ITE's Parking
Generation Manual.
"' Pass-By Trips In the case of a new development, particularly retail establishments; certain
,., restaurants, banks, service stations, and convenience markets, Mps are attracted from the passing
traffic on adjacent streets - that is, traffic already "passing by" the site. Thus, when forecasted Mps
w based on standard trip generation rates or equations ate distributed, some reduction is made to
_ account for thane trips.
,~ Peak Hour The hour of the day during which the heaviest volume of traffic occurs on a roadway.
Often there is an a.m. and p.m. peak hour.
Practical Capacity Parking facilities are rarely completely full due to turnover and the difficulty in
finding the few remaining open spaces. For examp]e, for retail cusromers, practical capacity is
generally 85% of the supply. For office employees who are familiar with a parking facility, practical
capacity generally rises to 95%.
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Queue Area Storage space of a street or within a pazking facility for vehicles entering or exiting.
Shared Pazking Parking space that can be used to service two or more individual land uses without
conflict or encroachment. The opportunity ro implement shazed parking is the result of two
-" conditions: variation in the peak accumulation of pazked vehicles as the result of different activity
~, pattern of adjacent or nearby land uses (by hour, by day, by season); relationships among land use
activities that result in people's attraction to two or more land uses on a single aura Mp to a given
area or development.
-' Signal Phase That part of a traffic signal's time-cycle allocated to a traffic movement (e.g., left turns)
or a combination of movements receiving the right-of-way simultaneously.
SOV Single Occupant Vehicle
Traffic Warrants Criteria used to assess the necessity for traffic control devices (e.g. traffic signal).
Transportation Management
1'DM -Transportation Demand Management
1'MA -Transportation Management Association
TMO -Transportation Management Ordinance
'1'MP -Transportation Management Plan
VMT Vehicle Miles Traveled
Trip A single or one-direction vehicle movement with either the origin or the destination (exiting or
entering) inside a study site.
Trip Assignment The assignment of vehicle trip volumes to the roadway network and the
"' assignment of site-generated vehicle trip volumes to individual driveways/ roadways of the
~, development.
Trip Distribution The expected directional distribution of site-generated traffic on roadway links
and intersections within the study area.
~, Trip F.nds One trip end is equal to one trip. For trip generation purposes, total trip ends for a land use
over a given period of time are the total of all trips entering plus all Mps exiting a site during that
~' designated time.
~~ Trip Generation The number of trips generated by a development; sometimes calculated in trig ends,
.. as in ITE's Trip Generation Manual. Generally, trips both to and from a development are counted.
"' V/C RaHo Volume to capacity ratio between the flow rate of vehicles and/or people to the capacity of
a traffic facility.
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Italicized terms unthin a definition are separately defined elsewhere in the glossary.
"' Sources: TDA Ine.,1'1'E, Urban Land Institute, Highway Capacity Manual, FTA, APA.
Version: 07/05
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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 Ilexibility 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 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". 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. ]n 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.
Staf(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 arc
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 chazacter (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 faFade 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
riparian 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. "I he 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 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 to not be met.
2. Whether sufScient public facilities and roads exist to service the proposed development.
Sta(! Findink:
Sufficient public facilities and roads exist to serve the proposed development. The traftic
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
t]oodplain. No other natural hazards are believed to affect the lot. The applicant conducted an
avalanche study as part of the final application, which lound 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. "I'he 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 significant 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 F'indinQ:
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 riparian corridor throughout the site. During Conceptual Review, the Applicant made
changes to the architecture and site plan to address Staff s 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 area 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 Avenge to help complete a needed pedestrian connection. "the applicant
is also formally dedicating the trail running from the river to the parking area 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 F indin~:
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 E lousing, which is an important step
in helping the community meet the Affordable Housing goals outlined in the AACP. 'Che
Housing section oC 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. "1'he 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. F.ach 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.
ManaainK 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 arc locally-serving and locally-involved" (Philosophy, pg 31). The Aspen Club
Exhibit A -SPA Review Criteria
Page 4 of 8
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
Aris, 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 llevelopments should be in accordance with the Wildlife and
13iodiversity map and the Parks, Open Space, and the Environment map to protect sensitive
habitat areas (c.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."
1'he section also states that "we favor diversity tempered by context, sometimes historical,
Exhibit A -SPA Review Criteria
Page 5 of 8
sometimes not, as apposed 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. [n 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:
fhe AACP has a number of goals and policies related to 7Yansportation, 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 1Yansportation 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 carsharing, vanpools,
carpooling, biking, and walking. "fhe applicant has also committed to installing a new sidewalk
along Ute Avenue to make walking and biking safer and more viable. The "fDM 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.
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. Phis 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 1'or 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
standards. 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 Finding:
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 arc sufficient GMQS allotments for the proposed development.
Staff Findinx:
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 are 112 lodge pillow
allotments available. Because the applicant needs 12 more pillow allotments then are available
in this growth management year, they have requested multi-year allotments. Staff finds this
criterion to be met.
B. Variations permitted. 1~he 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 S
Staff Finding:
There are no requests to vazy the dimensional requirements as part of the SPA. These requests
are made under the PiJD 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 DEVF,I.OPMENT
Sec. 26.445.050. Review Criteria conceptual, final, 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. Genera! requirements.
/. The proposed development shall be consistent with the Aspen Area Community Plan.
Stnft 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.
Housine:
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. "fhe
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. 'fhe 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 lurther 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 arc proposed, which will ensure the housing is accessible to a wide range of income levels.
Managin¢ Growth:
"fhe 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 I S
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 lbr
Neighborhood standards in developing the proposal. This requires that development be done
using environmentally friendly techniques. "Ib 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 largo 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.
fhe removal or relocation of units 5 and 6 would further help the development meet this section
of the AACP.
Exhibit 4 -- 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 Parks, Open Space, and the Environment map to protect sensitive
habitat areas (e.g. riparian corridor and I;lk 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 arc 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. 1'he 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 "Iransporiation 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 carsharing, vanpools,
carpooling, biking, and walking. "fhe 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 6 - PUD Review Criteria
Page 3 of 18
2. The proposed development shall be consistent with 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 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 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 l lousing 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 year there are 112
lodge pillow allotments available. Because the applicant needs 12 more pillow allotments than
are 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 Genera! 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
dimensiona/requirements, compatibility with surrounding [and 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 are listed below. When listing the dimensional
Exhibit Ei -PUD Review Criteria
Page 4 of 18
requirements, all front yard setbacks are the south side of the lots, all the rear yazd setbacks aze on
the north side of the lots, and all the side yard setbacks are the east and west sides of the lots.
- -
Underlying
RR proposed Dimensional Kequirements Dimensional Requirements Zone District
Dimensional for subdivided lots based on fathering parcel Dimensional
Requirement Re uireme_nts
Lot 1: 124,661 sq. ft. Total Lot Area: 4.941 acres,
Minimum Lot Lot 2: N/A
812 sq. ft.
Lot 3: 10 or 215,232 s ft.
q'
2.0 acres
Size , Lot Arca after Slope
Lot 4: 26,110 sq. ft. Reduction: 171,047 sq. ft.
Lot 5: 9,355 sq. fr.
Minimum Lot Multi-Family:
Area per N/A N/A N/A
dwelling unit __ ___ _._. __. - -__._- Lodge_N/A_ _
Lot 1: 277 Peet
Lot 2: N/A
Minimum l.ot
~ Lot 3: 135 Feet 352 Feet 200 Feet ~
Width I,ot 4: 266 Feet
Lot 5: 95 Feet _ __ _
Lot 1 30 feet above grade, 5 feet below
grade
Minimum Lot 2: N/A 7.5 Feet for Affordable 30 Feet
Front Yard Lot 3: 10 feet Housing Units
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) I,ot 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 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 "Fop of
Slope)
Minimum Rear I,ot 2: N/A 100 Feet 20 Feet
Yard Setback Lot 3: 10 feet
Lot 4: ] 0 feet
Lot 5: 10 feet _
Maximum _
'T'ownhouse lJnits (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
--- ---- -- ----- -- Underlying
RR proposed Dimensional Requirements Dimensional Requirements Zone District
Dimensional for subdivided lots based on fathering parcel Dimensional
Requirement _ Requirements
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 ] 2, Northwest Corner: 41
feet with the Following exceptions: feet
Unit 1 I, 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
O en Space
fotal FAR:.55:1
Total FAR:.55:1 Total: 94,750 sq. fr.
Multi-family (affordable Sin le-famil
g y'
Total: 94,750 sq. ft. housing units): 12,390 sq. fr. Same as R-15
Allowable Multi-family (affordable housing units): Lodge: 50,490 sq. ft. zone district
Floor Area 12,390 sq. ft.
490 sq. fr. (Townhouse Units:
Lodge: 50 (Townhouse Units: 34,410 Multi-family:
N/A
,
34,410 sq. ft.; Club Units: 16,080 sq. ft.) sq. ft.; Club Units: 16,080 sq.
ft) Lodge: N/A
Commercial (Club): 31,870 sq. fl. Commercial (Club): 31,870 Commercial: N/A
sq. It.
Lodge: .5 spaces
per key (20
132 spaces total: spaces)
132 spaces total: Lodge: 20 spaces Club and Spa: 1
Lodge: 20 spaces Aspen Club and Spa: 95 space per 1000
Minimum Off- Aspen Club and Spa: 95 spaces (60 spaces (60 spaces on Lot 1; sq. ft. of net
Street Parking spaces on Lot 1; 35 spaces on Lots 14A 35 spaces on Lots 14A & leasable (43
& 14W) 14W) spaces)
AH units: 17 spaces AH units: 17 spaces AH units: 1 space
per unit (12
spaces)
I. 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.
Staf(Findin~:
fhe 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
Exhibit B - PUU Review Criteria
Page 6 of 18
variety of residential uses. The proposed uses are 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. 7'he affordable housing units are located
in a portion of the upper bench of the site that is lower than the surrounding areas. [t
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:
fhe 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 "fhe
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 areas of the silt 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 lJsc
Code. No development, including excavation, is permitted in this setback area. "I'he
applicant has worked with the Parks Department on the relocation of the existing
walkway that connects the Aspen Club 7Yai1 and the parking across the river to the
club. Staff finds this criterion to he met.
d. Existing and proposed man-made characteristics of the property and the
surrounding aren such as noise, traffic, transit, pedestrian circulation, parking,
and historical resources.
Staff Findin,e:
The proposed "CDM 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 Q - PUD Review Criteria
Page 7 of I8
Additionally, the applicant is installing a sidewalk along Ute Ave to create a more
pedestrian friendly environment. The applicant has also committed Co 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 land 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 surlace parking. The water table is located in
such a way that additional subgrade parking cannot be accommodated on this site. The
20 timeshare and l2 of the affordable housing spaces will be located in the subgrade
garage. fimployees 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
ahernative 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 parking. 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 fire 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. "phis
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. ~1'he 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 mudflaw, 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 l3 -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
significant 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 5, above, those areas can be avoided or those
characteristics mitigated.
c. The increase in maximum density results in a development pattern compatible
with and complimentnry to, the surrounding existing and expected development
pattern, [and 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 fina/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 sct density requirements for the Rural Residential (RR) zone district, so density
is established by the PUll. 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 health 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 ar enhanced in an appropriate manner.
Staff Findin,e:
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. There is an existing path that crosses the stream margin area, and the applicant
Exhibit B -PUD Review Criteria
Page 10 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 significanl open spaces and
vistas.
Stall Finding:
No significant existing open spaces will be lost with this proposal, as the timeshare units are
proposed where the tennis courts are 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 lJte 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 are provided on
the Subdivision Ylat 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 1 I 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 parking area accommodates fire truck tum grounds, and must be maintained. The
applicant worked with the Fire and Community Development Departments to utilize grass
pavers that can accommodate fire truck loads. "fhis 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.
Staff Finding:
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 llte 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.
Staff Finding:
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 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 f nds 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 timeshare units near the river
and the existing Club. The units that arc located a[ 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 - VUD Review Criteria
Page 12 of 1 S
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:
/. The landscape plan exhibits a well designated lreatmenl of exterior spaces, preserves
existing significant vegetation, and provides an ample quantity and variety of
ornamental plan) species suitable for the Aspen area climate.
Sta((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. Significant 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:
I"he 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.
Staf(Flnding:
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 (after 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.
Sta((Findinp:
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 faFade 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/SYA application. Staff anticipates having concerns related to the specific
Commercial Design Review Criteria, including Building Design and Articulation.
fhe 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 Findink:
The site plan utilizes the norih/south exposure on the lot, and is pariieipating in the new
LEb"ll for Neighborhoods program. 'fhe 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 Finding:
The Applicant has included a detailed snow removal and storage plan as part of the tlnal
application. This plan includes snow melt systems and onsite storage of snow. In addition,
the parking and the 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 sajery and genera! aesthetic
concerns.
2. All exterior lighting shall in compliance with the outdoor lighting standards unless
otherwise approved and noted in the 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.
/f the proposed development includes n 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 all 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 t3 -PUD Review Criteria
Page 15 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 unjustified
financial burden. The proposed utilities and public facilities associated with the development
shall comply with the fallowing:
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. "Phis 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 standards. 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.
L 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 shat! meet the following criteria:
Exhibit I3 - PUD Review Criteria
Page 16 of I S
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
timeshaze 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:
fhe 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 PJan 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 frail. In addition a new trial casement 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 PUD which are proposed or recommended to be retained under private
ownership provide appropriate dedication to public use to ensure appropriate public
and emergency access.
F,xhibit B -PUD Review Criteria
Page 17 of 18
Sta((Findin~:
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, ar for lots
widhin the PUD, are minimized to the extenl practical.
Sta((F'indinQ:
There are no gates or guard 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. (f phasing of the development plan is proposed,
each phase shall be defined 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) year 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 year
vesting period.
Gxhibit H - PUU Review Criteria
Page 18 of 18
EXHIBIT C
Chapter 26.590, TIMESHARE UF,VF:LOPMENT
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:
1. 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 6na1 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 five (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 1 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 YUll agreement for the project that is entered
into between the applicant and the City Council.
Staff Findinxs:
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 F"fEs * 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 pari 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 lodge 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 FindinQS:
Pursuant to section 26.515.030 of the band 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. 1'he 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 Findin~+s:
7~hc 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 Pickets, 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. 'T'hese requirements are incorporated into the draft Disclosure
document. The timeshare instruments will he 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
Gxhibit 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.
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
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.
Staff Findings:
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 - l`imeshare Review Criteria
Page 7 of 7
EXHIBIT D
Chapter 26.470, Growth Management Quota System
Sec. 26.470.050.6. 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:
T'he Application includes a request for multi-year allotment for the timeshare portion of the
development and 12 allotments for affordable housing. "l'here 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.
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. 'fhe 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 I 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.
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). "1'he 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. 7'he 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. 'fhe 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:
fhe 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 3 of I U
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.
"fhe 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 riparian area.
Desigr~ualit~
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. [n 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. "fhe elimination or relocation of units 5 and 6 would help better meet
the Design Quality section of the AACP.
Transportation:
"fhe 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 Gravel
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..." (Coal 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 carsharing, 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.
3. The development conforms to the requirements and limitations of the Zone district.
Staff Finding:
The application is for an SPA and PIJD 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 pari 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 Findinx:
"the project received conceptual commercial design review approval and conceptual PUD
approval. "Che final application is consistent with both those approvals. Staff finds this
criterion to be met.
5. Unless otherwise specified in this Chapter, sixty percent (60%) of the employees
generated by the additional commercial or lodge development, according to Subsection
26.470.IOO.A, Employee generation rates, are mitigated through the provision of
affordable housing. The employee generation mitigation plan shat! be approved
pursuant to Paragraph 16.470.070.4, 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.
Staff Findinx:
"fhe 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.
1'he 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 F"fFs per lodging bedroom. Therefore, the employee generation is 31
FTEs (62 lodge bedrooms * .5 FTGs - 31 FTEs). At a mitigation level of 60%, the required
mitigation for the project is 18.6 FTEs (31 FTEs * 60%= 18.6 PTIis).
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 finished grade, whichever is higher, shall be provided in an amount equal to
at least thirty percent (30%) of the additional free-market residential net livable area,
for which the 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 defined in the Aspen/Pitkin County
Housing Authority Guidelines, as amended. An applicant may choose to provide
mitigation units at a lower category designation. Affordable housing units that are
being provided absent a requirement ("voluntary units") may be deed-restricted at any
level of affordability, including residential occupied.
Staff Finding:
No free-market residential development is proposed as part of this application. Staff finds
this criterion is not applicable.
Z 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 /s 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, §/)
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. "fhe applicant has committed to zero growth in traffic as a result of this
project. The applicant has hired consultants to assess the existing water Mows 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, Procedures 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 ")
1) The proposal exceeds the minimum affordable housing required for a standard
project.
Staff Find/n~:
The applicant is providing housing for 27 FTEs, when housing for 18.6 F'fLs is
required by the code. This represents housing at 145% of the requirement. Staff
finds this criterion to be met.
2) The proposed projecl represents an excellent historic preservation accomplishment.
A recommendation from the Historic Preservation Officer shall be considered for
this standard.
Staff Findinx:
"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 estab/fished as
priority through the current Aspen/Pitkin County Housing Authority Guidelines
and provides a desirable m/x 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 variety
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
Category Category Catet?ory
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 $2.25,000
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.
Staff Finding:
't'he 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 I[eat Pumps (GSHP). The
project is participating in the Ll?IsD-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:
1'he 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
fDM 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
fransportation 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 specilic
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. 'fo do that, the applicant will use a Ground Source Heat
Pump (GSITY) 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. I'he 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.
Staff 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. 'fhe 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. fhc
timeshare units will be subject to the Real Estate Transfer Tax (RE"fT) 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 Eork 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 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, 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 fapade 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. However the applicant has time to refine the
design between now and the future review.
I'he 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 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 area.
The elimination or relocation of units 5 and 6 would help alleviate staffs 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 iJte 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 all other provisions of the Land Use Code and has obtained
ail necessary approvals from the Historic Preservation Commission, the Planning and
Zoning Commission and the City Council, as app[icabie.
Staff Finding:
Exhibit D - GMQS Review Criteria
Page 9 of I O
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. "fhe 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. "Che 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 }lousing, 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. Gach 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 ] 2
new affordable housing rental units for Aspen Club limployees. 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 h: -Rezoning Review Criteria
Page I of 6
Managin¢ 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
F., pg 19). 'l"he 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 gb 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 [hat 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:
I"he 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). 'fhe Aspen Club currently works to promote the
Arts, Culture, and Education of the Aspen Arca 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 Opcn 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
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 Parks, 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 margin setback and the applicant has worked with the Pazks
Department to ensure that construction methods will not negatively impact the riparian area.
llesi~n 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 tinally 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." "fhe 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). "fhe 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 oC 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 oC
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. 'fhe 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 wou/d result in demands on
public facilities and whether and dhe 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 Cor 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. "I'he 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. 'fhe 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.
Stall 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
al] 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". "fhe 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 Ends 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.
L 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 P: -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.
F,xhibit F; -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 I lousing, 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-
mazket commercial and free-market lodging with affordable housing. 'fhe affordable
housing is scaled to relate to the adjacent Club building and other surrounding buildings.
"Phis 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. F,ach project should endeavor to further that mix and to avoid segregation of
economic and social classes by project.° (Philosophy, pg 25). "Phis 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 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 P -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 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. "fhe 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). "fhe applicant used the new LEED for
Neighborhood standards in developing the proposal. "Phis 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 Onen 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 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
riparian area.
Icxhibit 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 arbitrariness. `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
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.
lYansportation:
fhc 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 'Cansportation 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)
fhe applicant has worked with city staff to create a set of Transportation Demand
Management (fDM) tools that focus on alternative forms of transportation, including
eazsharing, 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 "fDM 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.
F.xhibi[ 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.
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 subdivision shall be in compliance with all applicable requirements
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. 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, mudJlow,
rockslide, avalanche or snowslide, steep topography or any other natural
hazard or other candilion 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 aze 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 F,ngineering 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 inefficiencies, duplication or premature extension of public
facilities and unnecessary public costs.
Staff Finding
Staff believes that the prpperty is suitable for subdivision and development. There are
existing public utilities and services (including transportation) in the area. Any cost
Rxhibit 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 justification 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.
Staff Finding
The proposed subdivision is required to meet the School Land Dedication Standards pursuant
to band Use Code Section 26.630. 'fhe 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 P -Subdivision Review Criteria
Page 5 of 6
approvals prior do development through a legal instrument acceptable to the City Attorney.
(Ord. No. 44-2001, § 2)
StaflFindinQ
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
F,xhibit X
MEMORANDUM
To: Jessica Garrow, Community Development Department
From: Lee Cassin, Environmental Health Department
Date: February 9, 2010
Re: Aspen Club Land Use Review
The Aspen Club Final PUD application was reviewed to evaluate consistency with the provisions of the
Land Use Codc related to environmental impacts. I believe you have already received comments on
stormwater and water quality, so this memo is limited to air quality impacts.
The land use code requires that the development not impose an undue burden on the City's infrastructure
capabilities, that the public not incur an unjustified financial burden, and that adequate public
infrastructure facilities exist to accommodate the development. Adverse impacts on public infrastructure
by the development must be mitigated by the necessary improvements at the sole cost of the developer.
The goal of "zero traffic increase" is commendable. Monitoring with automatic triggering of additional
measures if traffic does increase will help meet this goal. The applicant's commitment to a cleaz numeric
traffic goal will allow measures to be adjusted to be most effective.
One of the results of ensuring that traffic does not increase is that demands on the existing mass transit
system will occur both to RFTA (downvalley workers and guests), and in-town transit. To accommodate
the added trips, both RFTA and city transportation will have to carry more passengers if trips are not to
increase.
This application does not address how it will ensure that the development's impacts on RFTA and City
transit are "mitigated by the necessary improvements at the sole cost of the developer". The public transit
entities (the taxpayers) will have to absorb the added costs of carrying the additional passengers.
The present negligible use of transit to access the facility is a significant challenge. It is not clear whether
enough new, innovative measures can be implemented to change this situation. But the commitment to
implement new measures if traffic targets are exceeded is an excellent start. The proposed TDM program
is very well thought-out and the only un-addressed issues are the burden on the transit infrastructure, and
the air quality impacts that will result if the TDM measures are not adequate. Given the challenge of
creating new growth without additional traffic, there is a concern that the TDM measures will not be
enough to prevent any worsening of air quality.
The applicant's commitment to reduce the carbon footprint of the facility from today's levels through a
variety of renewable energy sources, and the use of the LEEDS neighborhood criteria will result in
reduction of several air pollutants, including PM-10, mercury and greenhouse gases.
Aspen Club, 2/22/2010 Council Meeting
Exhibit X