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HomeMy WebLinkAboutagenda.council.special.20100331AGENDA SPECIAL MEETING ASPEN CITY COUNCIL MARCH 31, 2010 5:00 P.M. Appointments to Board of Examiners and Appeals II. Ordinance #2, 2010 -Aspen Club Final SPA/PUD MEMORANDUM TO: Mayor Ireland and Aspen City Council FROM: Stephen Kanipe, Chief Building Official ,~~/r! THROUGH: Chris Bendon, Community Development iD rector DATE OF MEMO: March 24, 2010 MEETING DATE: March 31, 2010 RE: Appointment of Building Code Board of Appeals members as required by the Aspen Municipal Code 8.08.070 and referenced in Ordinance 59 series 2003 sections 8.20.010 (s), 8.16.010 (n), 8.32.020 (i), 8.36.010 (i) and 8.44.020. REQUEST OF COUNCIL: Staff requests action from Council regarding a motion to appoint citizen volunteer members to two year terms on the Building Code Boazd of Appeals (BCBOA). SUMMARY: The International Codes each contain a section in the administrative chapter titled BOARD OF APPEALS that reads as follows: "In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a boazd of appeals. The boazd of appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The boazd shall adopt rules of procedure for conducting its business". On March 22, 2002 the BCBOA met and approved City of Aspen and Pitkin County Building Code Board of Appeals Resolution 02-1. This resolution agreed to combine two sepazate boazds (City and County) to form a single Boazd and adopt bylaws and procedures for conduct of hearing appeals. This joint boazd is supported by the City Charter. BACKGROUND: The administrative section of the building codes literally allows any person to appeal a decision of the building official. The boazd met several times a year from 1993 through 1998 to hear and rule on building official decisions. The last appeal hearing was in 2002. The BCBOA also met in 2002 to review and recommend adoption of the 2003 I-Codes. The BCBOA reviews new International Code editions and advises building department staff on recommended amendments to create building, plumbing, mechanical and electrical requirements and administrative regulations to ensure life safety and fire protection building practices appropriate to our community values without compromising the City's responsibility to building safety for our citizens and visitors. Most jurisdictions in the State aze reviewing the 2009 I-Codes for adoption. The BCBOA will perform an important role as the expert citizen boazd in matters of regulating construction practices regarding the adoption of the 2009 I-Codes. A request for an appeal hearing has been received by the attorney's office. The BCBOA will also meet regazding the appeal. Those volunteers that have stepped up to serve aze; Wayne Stryker, Don Westerlind, Steve Saunders, Jim Iglehart, David Guthrie and Chet Feldman. This group represents many decades of practical experience and demonstrated professional expertise in architectural design, new and remodel residential and commercial projects, construction management and electrical contracting. RECOMMENDATION: By adopting the Consent Agenda, Council is appointing the above named citizens to the Building Code Boazd of Appeals. CITY MANAGER COMMENTS CITY OF ASPEN APPOINTMENT APPLICATION CELL PHONE U~D-57~- SkYO _ t-mru~ ~~i~ \ . ~~~•*-•~`~~ BOARD OR COMMISSION FOR WHICH APPLICATION IS MADE: +** Planning 8 Zoning Commission + Board of Adjustment Board of Examiners & Appeal _~ +** Historic Preservation Commission Wheeler Board of Directors Commercial Core & Lodging + Roaring Fork Transit Agency + Housing Authority + Liquor License Authority Child Care Advisory Committee + Open Space Advisory Board Citizen Budget Task Force Aspen IPitkin Animal Shelter Board ** HISTORIC PRESERVATION COMMISSION OR P & Z APPLICANTS, PLEASE ATTACH A BRIEF STATEMENT ADDRESSING YOUR GENERAL PHILOSOPHY ON: 1.) Aspen Area Community Plan - on which aspects you may agree or disagree 2.) Growth in Aspen and the Aspen Area 3.) Affordable Housing + CITY RESIDENCY REQUIREMENT IS 1 YEAR IF SELF EMPLOYED, IDENTIFY NATURE OF EMPLOYMENT ~--~~~ ~n~~02 EMPLOYMENT PREVIOUS TWO YEARS: Crd~i°~""' ~n.v~,n,ulPna~ STREET ADDRESS PREVIOUS TWO INVESTMENTS ANDIOR LANDHOLDINGS IN PITKIN COUNTY: ~rw ~ O~`~'i-~ - I desire the appointment for the following reasons: T~ G-GUi~ .KAE'~k-- `~0~~ N6 SIGNATURE• DATE: MAILING ADDRESS fE. HOME PHONE 4'70 -A2S-~dS2( WORK PHONE Q-7O - X125- Sq'4b /1 n ~/ CITY OF ASPEN APPOINTMENT APPLICATION STREET ADDRESS log MAILING ADDRESS } o HOME PHONE qzs- 22 CELL PHONE 3'19-- t{ L BOARD OR COMMISSION FOR WHICH APPLICATION IS MADE: +** Planning & Zoning Commission + Board of Adjustment Board of Examiners & Appeal _~_ +*• Historic Preservation Commission Wheeler Board of Directors Commercial Core & Lodging + Roaring Fork Transit Agency + Housing Authority + Liquor License Authority Child Care Advisory Committee + Open Space Advisory Board Citizen Budget Task Force Aspen /Pitkin Animal Shelter Board ** HISTORIC PRESERVATION COMMISSION OR P & Z APPLICANTS, PLEASE ATTACH A BRIEF STATEMENT ADDRESSING YOUR GENERAL PHILOSOPHY ON: 1.) Aspen Area Community Plan - on which aspects you may agree or disagree 2.) Growth in Aspen and the Aspen Area 3.) Affordable Housing + CITY RESIDENCY REQUIREMENT IS 1 YEAR IF SELF EMPLOYED, IDENTIFY NATURE OF EMPLOYMENT EMPLOYMENT PREVIOUS TWO YEARS: ' ^-' '-~ IPc-~~~~- o r~,il e (- STREET ADDRESS PREVIOUS TWO YEARS: ~^ ..v~C 2 c ~ ~ d'P. INVESTMENTS AND/OR LANDHOLDINGS IN PITKIN COUNTY: I-eS i d(-.~~-Q I desire the appgintment foyr the following reasons: Jackie Lothian From: web_cityclerk@ci.aspen.co.us Sent: Tuesday, March 09, 2010 10:10 AM To: web_cityclerk Subject: City of Aspen Board & Commission Appointment Application Results From: City of Aspen Board &amp; Commission Appointment ApplicationSubmitted By: Unauthenticated User IP: 10.20.30.1 Name: David Guthrie Address: 34 Molly Ct # 103 City: Aspen State: Colorado Zip Code: 81611 Home Phone: 925-5521 Work Phone: Cell Phone: 274-0344 Email: daaspen(almsn. com Board Commission Selection: Board of Examiners &amp; Appeal Requirement Submission: No File Uploaded employment: Previous Employment: Silich Construction, Inc. Aspen Previous Address: 34 Molly Ct # 103 since May 09 920 W Hallam St since 1999? 1 Pitkin Holdings: VAST Own Burlingame unit at above address (34 Molly Ct) Desire for appointment: Because I want to give back to the community that has given me so much and Stephen Kanipe asked for some help with this board. 2 BOARD OF EXAMINERS AND APPEALS Wayne Stryker Don Westerlind Steve Saunders County (Chair) County City appointed term - 1999 1 /95 1 /01 Enabling Legislation Chapter 8.08.010, City of Aspen Municipal Code C.R.S. 30-28-206 Powers and Duties A. To hear and determine all applications for contractor's licenses and suspension or revocation of same in conformity with applicable Codes B. To perform such other duties as the City Council and BOCC may from time to time determine. C. May determine the suitability of alternate materials and methods of construction, provide for reasonable interpretations of building code, or make special exceptions to the terms of the building code in harmony with their general purpose and intent if, in the opinion of the Board, the exception or modification does not lessen any fire protection requirements or any requirements or any degree of structural integrity. Meetings 2nd Thursday at noon in the City Council chambers Membership Qualification - A citizen shall be qualified by experience and training to judge upon matters pertaining to building construction and shall have been a resident of Pitkin County for two years. The two ex officio members shall be employees or officers of the joint Building section. MEMORANDUM TO: Mayor Ireland and Aspen City Council THRU: Jennifer Phelan, Community Development Deputy Directo~ FROM: Jessica Garrow, Long Range Planner~(l RE: 1450 Crystal Lake Road -Final SPA, Fin``°°11a1 PUD, Final Timeshare, Multi-Year Growth Management, Rezoning, and Subdivision Reviews Second Reading, Ordinance No. 2, Series of 2010 continued from 3/8/2010 MEETING DATE: March 31, 2010 APPLICANT /OWNER: Aspen Club and Spa, LLC REPRESENTATIVE: Sunny Vann, Vann Associates, LLC LOCATION: 1450 Crystal Lake Road -Lot 15 of the Callahan Subdivision CURRENT ZONING: RR/PUD (Rural Residential) zone district with a Planned Unit Development (PUD) Overlay SLIMMARY: 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 1 ~2 parking spaces on Lots 15 and 14A (the existing 35 spaces on Lot 14A will not change as part of this application) of the Callahan Subdivision. P&Z RECOMMENDATION: The P&Z voted 4:2 in favor of the application. They approved 12 affordable housing growth management allotments and a stream margin review. They recommended the City Council approve the other land use reviews. STAFF RECOMMENDATION: Staff recommends City Council require the Applicant to eliminate or relocate units ~ & 6 prior to ~rantin~ approval. ~` .. ~h ~.. Aspen Club Council Second Reading - 3/8/2010 Page 1 of 6 Photo: Aspen Club building and location. NOTE: Staff has attached new Exhibits to this memo. Exhibits that were part of the first three packets (first reading on 1/11/2010 and second readings on 2/8/2010, 2/22/2010, & 3/8/2010) are not being attached again. Please contact Jessica Garrow if you need an additional copy of these exhibits. COUNCIL QUESTIONS: At the February 22°d public hearing, City Council asked the Applicant to address a number of issues and questions when they returned to Council. These issues are outlined below and the Applicant's response to these issues is attached as Exhibit Z.1. 1. How will the Applicant ensure that the Club is open to, and accessible by, local residents? a. The Applicant has proposed language to the Ordinance (new Section 23, Accessibility of Club Membership) that would require at least 50% of the Club's members be local residents. Local residents are defined as individuals living in the Roaring Fork Valley at least 6 months of the year. The Club would be required to provide an annual audit to the City indicating that they have or have not met the requirement. If they do not meet the requirement, they have 1 year to come into compliance. If they are not in compliance for 2 years in a row then all full-time City of Aspen employees would receive a free membership to the Club until such time as they are in compliance with the 50% requirement. The City of Aspen memberships would not count toward the 50% requirement. There is no reference to pricing as part of the Applicant's proposed language. The Applicant needs to be clearer in their commitment for re-investment in the Club. a. The Applicant has proposed language to the Ordinance (new Section 24, Club Reinvestment) that requires a minimum of $5 million be re-invested in the Club building. Verification would be provided to the Building Department prior to issuance of the Certificate of Occupancy (CO). The CO will not be issued until the Applicant has met the $5 million requirement. The Building Department has reviewed this language and believes it will be enforceable. How will the Club address the issue of re-investment over the years? a. The Applicant has not addressed this issue as part of proposed Ordinance language, but they will address this issue at the Public Hearing. 4. What happens if the Applicant does not meet their enemy commitments? How are they held responsible? a. The Applicant has committed to holding their energy use after completion of the project to today's levels, or to reduce net energy usage. The Applicant worked with Resource Energy Group to calculate their current energy usage. The three year average is 18,600 million BTUs per year, or 240 BTUs per square foot of the existing building. The energy usage of the new development (club building, timeshare units, and affordable housing units) will be required to be equal to or less than these numbers. Resource Energy Group provided a report on how the Applicant can meet the energy goal. This report is in the Applicant's Appendix D, Exhibit 2, and has been attached to the Ordinance as Exhibit C. Aspen Club Council Second Reading - 3/8/2010 Page 2 of 6 The Applicant and City Planning, Building, and Canary staff have agreed on a tracking mechanism for this commitment. The tracking mechanism requires a combination of yearly reports and audits for five (5) years, beginning after a CO is issued. The Applicant will be required to submit a report of energy usage one yeaz and two yeazs following Certificate of Occupancy. If the report shows that the Applicant is not meeting their stated energy goal, then they will be required to put $100,000 into an escrow account that can be used in future years for on-site systems to improve energy efficiency. Formal audits would be completed after the third, fourth, and fifth years using the three previous yeaz's average energy usage. If the Applicant does not meet the energy goal in any of those yeazs, they must make improvements to the property to bring it into compliance. The Applicant may use the money in the escrow account to help pay for the on-site improvements. The auditing requirements will be extended by a year for each year the Applicant does not meet the energy goal in yeaz five and after. If the Applicant reaches the goal in year five, the auditing requirement will be lifted. This language has been incorporated into the Ordinance (see new Section 22, Energy Commitments). 5. What financial assurances can the applicant provide regazding project completions We do not want to have a situation where there is a partially completed proiect and an/or an empty hole m the around a. The Applicant has proposed changes to the language in Section 5 of the Ordinance, Financial Assurances. This language requires that prior to receiving a Building Permit, the Applicant must provide evidence to the City Attorney and Building Department that there is sufficient funding to complete the project - including all proposed infrastructure improvements. The Applicant will provide a Completion Bond that is reviewed and approved by the City Attorney and Building Department. The Completion Bond will provide the funds necessazy to complete the project, including infrastructure improvements. These changes have been incorporated in the Ordinance. b. The City Attorney has proposed language that would also require a Reclamation Bond. This language is included in the Ordinance in Section 5. The Applicant believes that a Reclamation Bond is redundant if there is a Completion Bond, and would like to see one or the other incorporated, but not both. REFERRAL AGENCY COMMENTS: The Applicant has provided a copy of language related to Financial Assurances & a Completion Bond to the City Attorney. The City Attorney believes the language addresses Council concerns related to completion of the project. The Chief building Official has also reviewed the language. The Applicant has met with City Planning, Building, and Canary staff regarding the Energy Commitments, and all have agreed to the language incorporated into the Ordinance. ORDINANCE CHANGES: There have been a number of changes made to the Ordinance. These have been done in "track changes," so deleted teat is in ~~ and added text is in Aspen Club Council Second Reading - 3/8/2010 Page 3 of 6 underline. Changes made by Community Development are in green. These changes have been reviewed by the Applicant. The changes are summarized as: • Amended language in Section 5, Financial Assurances related to a Completion Bond. The Applicant proposed new language for a Completion Bond, which eliminated the Reclamation language. The City Attorney has proposed to include the Reclamation language in this section in addition to the Completion Bond. • Anew Section 22, Energy Commitment that outlines the tracking of the energy commitments. The Applicant's baseline Energy Study has been included as Exhibit C of the Ordinance. • Anew Section 23, Accessibility of Club Membership that includes the Applicant's commitment that 50% or more of the Club memberships will be local residents (defined as anyone who lives six (6) or more months in the Roaring Fork Valley. • Anew Section 24, Club Reirrvestment that requires at least $5 million be re-invested into the Club Building. • Anew Section 25, Reporting Requirements, that outlines all the reporting requirements contained in the Ordinance. This section was added to streamline the reporting efforts by requiring one report, rather than a number of individual reports. In addition, the City Attorney has reviewed the Ordinance and made some changes, which aze in purple. The Applicant has not had an opportunity to review most of these changes, so they may have comments or questions about them at the public hearing. Staff will review all the Ordinance changes as part of the Staff Presentation on March 31 S` P&Z RECCOMENDATION: The P&Z 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: • Eliminate 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. • Provide a more detailed drainage plan that meets Engineering Department Standards. PROPOSED MOTION: "I move to approve Ordinance #2, Series 2010, approving Final Specially Planned Area (SPA), Final Planned Unit Development (PUD), Final Timeshaze, 124 Multi-Yeaz Lodge Growth Management Allotments, Rezoning, and Subdivision for the Aspen Club project." CITY MANAGER COMMENTS: Aspen Club Council Second Reading - 3/8/2010 Page 4 of 6 Attachments• Exhibits included in this packet are bolded; all exhibits list the date then were included in the Council packet(s) EXHIBIT A -SPA Review Criteria, Staff Findings (provided 1/11, 2/8, 2/22, 3/8, 3/31) EXHIBIT B - PUD Review Criteria, Staff Findings (provided 1/11, 2/8, 2/22, 3/8, 3/31) EXHIBIT C -Timeshare Review Criteria, Staff Findings (provided 1/11, 2/8, 2/22, 3/8, 3/31) EXHIBIT D -Growth Management Review Criteria, Staff Findings (provided 1/11, 218, 2/22, 3/8, 3/31) EXHIBIT E - Rezoning Review Criteria, Staff Findings (provided 1/11, 2/8, 2/22, 3/8, 3/31) EXHIBIT F -Subdivision Review Criteria, Staff Findings (provided 1/11, 2/8, 2/22, 3/8, 3/31) Exx[s-T G - DRC Comments (provided 1/11) ExH-BtT H -Housing Comments (provided 1/11) Extt[sl`r I -Revised Transportation Demand Management (TDM) plan (provided 1/11) EXHIBIT J -Applicant's Letter Regarding Vesting (provided 1/11) EXHIBIT K -Applicant's Letter Regarding Continuing Operation of the Aspen Club & Spa (provided 1 / 11) 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 20 2009 (provided 1/11) EXHIBIT N -Planning and Zoning Commission Resolution (provided 1/11) EXHIBIT O -Application (Bound) (provided 1/11) EXHIBIT P -Application Appendix (Bound) (provided 1/11) EXHIBIT Q -Letter from Applicant's Attorney dated January 14, 2010 regarding the continued operation of the Club facility (provided 2/8) EXHIBIT R -Letter from Applicant's Representative dated January 25, 2010 regarding the public accessibility to the proposed timeshare units (provided 2/8) ExHt>3rT S -Site Plans from each stage of the proposed project (provided 2/8) ExxtstT T -Optional site plan provided by Applicant, per City Council request (provided 2/8) ExxtstT U -Updated TDM Plan (provided 2/8) EXHIBIT V -Letters from the public (provided 2/8) Ext11s1T 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) EXHIBIT Y -Letters from the public entered at the 2/22/2010 public hearing (provided 2/22) EXHIBIT Z -Letters from the public (provided 318) Aspen Club Council Second Reading - 3/8/2010 Page 5 of 6 EXHIBIT Z.1 -Letter from Michael Fox dated 3/1/2010 responding to Council questions (provided 3/8, 3/31) Ext-ttstT Z.2 -Traffic Study Review conducted by Fehr & Peers on behalf of Gary Nathanson and Citizens for Preservation of Zoning (provided 3/31) ExHIBIT Z.3 -Letters from the public (provided 3/31) Aspen Club Council Second Reading - 3/8/2010 Page 6 of 6 ORDINANCE N0. 2, (SERIES OF 2010) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING FINAL SPECIALLY PLANNED AREA (SPA), FINAL PLANNED UNIT DEVELOPMENT (PUD), FINAL TIMESHARE, MULTI-YEAR GROWTH MANAGEMENT REVIEW, REZONING, AND SUBDIVISION FOR THE DEVELOPMENT OF SUB-GRADE PARKING, TWENTY TIMESHARE UNITS, REDESIGNED COMMERCIAL SPACE, AND TWELVE AFFORDABLE HOUSING UNITS FOR THE PROPERTY LOCATED AT 1450 CRYSTAL LAKE ROAD (THE ASPEN CLUB) CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parce! ID: 2737-181-32-019 WHEREAS, on September 17, 2007, the Community Development Department received an application from Aspen Club and Spa, LLC, represented by Sunny Vann of Vann Associates, LLC requesting approval of conceptual commercial design review, conceptual approval for a Specially Planned Area (SPA), Planned Unit Development (PUD), and Timeshare, to develop a sub-grade garage, nineteen (19) timeshare units and twelve (12) affordable housing units, and to redesign existing commercial spaces; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended the Applicant amend the proposal to better comply with the requirements of a Specially Planned Area (SPA), a Planned Unit Development (PUD), Conceptual Timeshare, and the Commercial Design Standards; and, WHEREAS, 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 ~, 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. 6~, Series of 2008, by a Four to One (4 -1) vote, approving Conceptual PUU, 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, S[ream Margin, Affordable Housing Growth Management Allotments, Multi-Year Growth Management Lodge Allotments, Rezoning, and Subdivision, to develop asub-grade garage, twenty (20) timeshare units and twelve (12) affordable housing units, and to redesign existing commercial spaces; and, Ordinance No 2, Series 2010 Aspen Club PUD/SPA/timeshare/Growth Management/Subdivision Page ] of 19 WHEREAS, during a duly noticed public hearing on October 20, 2009, continued from September 29, 2009, and to October 6, 2009, the Planning and Zoning Commission approved Resolution No. 15, Series of 2009, by a four to two (4 - 2) vote, approving Stream Margin Review and twelve (12) Affordable Housing Growth Management Allotments, and recommended the Aspen City Council approve a Final PUD, Final SPA, Final Timeshare, Rezoning, one-hundred and twenty-four (124) Multi-Year Lodge Grovv~th Management Allotments (112 Allotments from 2009 and 12 Allotments from 2010), and Subdivision; and, WHEREAS, in response to concerns by the Planning and Zoning Commission and the Community Development Department the Applicant provided a letter dated December 16, 2009 indicating that there is an "inextricable connection between the continued operation of the Aspen Club & Spa facility and the proposed Aspen Club Living Condominiums" (the fractional units) and that "the Club Owner will not have the ability to shut down the Club operation or to substantially change the use of the Club Building without the express consent and approval of the City of Aspen and, at a minimum, the Association on behalf of the Fractional Owners," and; WHEREAS, pursuant to Section 26.310, the City Council may approve a Rezoning, during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, pursuant to Section 26.440, the City Council may approve a Final SPA, during a duly noticed public hearing otter considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and. WHEREAS, pursuant to Section 26.445, the City Council may approve a Final PUD, during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, pursuant to Section 26.470, the City Council may approve Multi-Year Growth Management Allotments, during a duly noticed public hearing otter considering a recommendation from [he Planning and Loning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and. WHEREAS, pursuant to Section 26.480, the City Council may approve a Subdivision, during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth ManagemenUSubdivision Page 2 of 19 WHEREAS, pursuant to Section 26.590, the City Council may approve a Final Timeshare, during a duly noticed public hearing after considering a recommendation from the Planning and Toning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, during a duly noticed public hearing on February 8, 2010 and February 22, 2010 and March 8, 2010, continued to March 31, 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 identitied herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development 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 finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE 1T RESOLVED BY THE C[TY COUNCIL OF THE C[TY OF ASPEN AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves a Final Specially Planned Area (SPA), Final Planned Unit Development (PUD), Final Timeshare, Rezoning, one-hundred and twenty-four (124) Multi- Year Lodge Growth Management Allotments [one-hundred and twelve (112) from the 2009 Growth Management Year and twelve (12) from the 2010 Growth Management Year], and Subdivision, subject to the following conditions. Section 2: Subdivision/PUD/SPA Plat and Agreement The Applicant shall record aSubdivision/PUD/SPA agreement (hereinafter "Agreement") that meets the requirements of Land Use Code within 180 days of approval. The 180 days shall commence upon the granting of Final Commercial Design Review approval by the Planning and L,oning Commission. Additionally, a final PUD/SPA/Subdivision Plat shall be recorded in the Pitkin County Clerk and Recorder's Office within 180 days of the final Commercial Design Approval and shall include the following: Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth ManagemenUSubdivision Page 3 of 19 a. A final plat meeting the requirements of the City Engineer and showing: easements, encroachment agreements and licenses (with reception numbers) for physical improvements, and location of utility pedestals. b. An illustrative site plan of the project showing the proposed improvements, parking, and dimensional requirements as approved. c. A detailed landscaping plan. d. A drawing representing the project's architectural character, including building elevations e. A final grading and drainage plan meeting all requirements of the City Engineer. The Applicant shall receive Engineering Department approval for their drainage plan prior to Engineering Department sign-off on the Final Plat. f. A final utility and public facilities plan. g. A trail easement for the trail to be dedicated to the public (crossing the property from the existing "Aspen Club Trail" through the site to Ute Avenue). Section 3: Timeshare Documents "fhe Applicant shall record a 'T'imeshare Disclosure Statement and Development Instrument concurrently with the Condominium Plat and Declaration. The documents shall meet all requirements outlined in section 26.90 of the Land Use Code. Section d: Dimensional Requirements The approved dimensional requirements are based off the following standardization: all front yard setbacks are the south side of the lots, alt the rear yard setbacks are on the north side of the lots, and all side yard setbacks are the east and west sides of the lots. Ordinance No 2, Series 2010 Aspen Club PUD/SPAlrimeshare/Growth Management/Subdivision Page 4 of 19 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. RR Dimensional Proposed Dimensional Requirements for subdivided lots Re uirement Lot 1: 124,661 sq. fr. Minimum Lot Lot 2: N/A Size Lot 3: 10,812 sq. ft. Lot 4: 26,110 sq. ft. Lot 5: 9,355 s . fr. Minimum Lot Area per N/A dwellin unit Lot 1: 277 Feet Minimum Lot [,ot 2: N/A Width I,ot 3: 135 Feet Lot 4: 266 Feet Lot 5: 9~ Feet Lot 1: 30 feet above grade, 5 feet below grade Minimum Lot 2: N/A Front Yard Lot 3: 10 feet Setback Lot 4: 0 feet Lot 5: 7.5 feet Lot 1: 0 feet above and below grade Minimum Side Lot 2: N/A Yard Setback Lot 3: 10 feet (East Side) Lot 4: 20 feet Lot 5: 5 feet Lot I : 60 feet above grade for building, 20 feet above grade for garage access stair, 5 feet below grade Minimum Side Lot 2: N/A Yard Setback (West Side) Lot 3: 20 feet Lot 4: 5 feet Lot 5: 0 feet Lot 1: 100 feet (15 feet from Top of Slope) Minimum Rear Lot 2: N/A Yard Setback Lot 3: 10 feet Lot 4: 10 feet Lot 5: 10 feet Townhouse Units (Lots 3 & 4) Pitched Roofs (Units 1, 7, 14): 28 feet Flat Roofs (Units 2-5, 8-13): 28 feet Maximum Club Units (Lot 2): 28 feet Height Affordable Housing Units (Lot ~): 28 feet with the following exceptions: Unit 11, Northwest Corner: 32 feet Unit 12, Northwest Corner: 41 feet Ordinance No 2, Series ?010 Aspen Club PUD/SPA/himeshare/Growth ManagementlSubdivision Pale 5 of 19 RR Dimensional Proposed Dimensional Requirements for subdivided lots Re uirement Unit 12, Southwest Corner: 31.25 feet Aspen Club Building (Lot 1): 28 feet Minimum % N/A O en S ace Total FAR:.55:1 Total: 94,70 sq. ft. Allowable Multi-family (affordable housing units): 12,390 sq. ft. Floor Area Lodge: 50,490 sq. ft. (Townhouse Units: 34,410 sq. ft.; Club Units: 16,080 sq. ft.) Commercial (Club): 31,870 s . 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 s aces public improvements required under the Subdivision/PUD/SPA Aereement and the Aspen Club institutional curet~panypursuant to which the surety a egr es to provide the funds necessary to complete the construction of the improvements covered by the Building Permit, all public Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth ManagemenUSubdivision Page 6 of ] 9 sanitation district requirements set forth at ~ 15 herein, the parks plans referenced in ~~' 19 herein, the_sch_ool land dedication reguircmcnt_sct t<~rth ate 21_hercin_.the__encrer commitment spelled tut_ ill ~ „ h~i in,_ una_ihr ~~luh _rr_int~,tn~rnt ~~hli ~a,it~n ~I~,c~ih~~~l_ ir~_ i_ ?4 herein. ~fhe '~ Comment [j2]: Tha section was added by the ~ City Attorney and uses the Reclamation language ~~ that the Apphcatu proposed to delete below Ordinance No 2, Series 2010 Aspen Club PUD/SPAlCimesharelGrowth Management/Subdivision Page 7 of l9 Section 6: Pre-Construction Meeting The Applicant shall conduct apre-construction meeting with the City Community Development Staff prior to submittal for a building permit application. This meeting shall include the general contractor, the architect producing the construction drawings, a representative of the Building Department, a representative of the Engineering Department, and the Community Development Departments case planner. Section 7: Commercial Design Review The Applicant shall submit an application for final Commercial Design Review within one (1) year of the date of final SPA/PUD approval. The Applicant is required to receive final Commercial Design Review prior to submission of a building permit. Section 8: BuildinE 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 reyuired. The proposed project will be subject to the Use Tax on building materials. The proposed project will be required to comply with all Efficient Building Programs in place at time of building permit submittal. Prior to building permit submittal the architect of record must determine the type of construction for the existing structure and the allowable area for building and addition based on the type of construction and modifications. 'The building permit application shall include the following: a. A copy of the final City Council Ordinance and P&Z Resolution. b. A copy of the final Commercial Design Review approval c. The conditions of approval printed on the cover page of the building permit set. d. A means of egress plan. e. An overall access plan for the site. f. [f the Club is intending to operate while under construction, a plan to maintain exits and separation from construction activity will be required. g. The TDM Plan and the Traffic Study on which its based h. A detailed Lighting Plan i. A plan showing protection of the stream margin area and the stability of the hillside above the trail Section 9: En~ineerinQ COInI11Cnt [j3]: The Applicant proposed to delete this Reclamation language after the Completion Bond was added to the ordinance. Ordinance No 2. Series 2010 Aspen Club PUD/SPA~imeshare/Growrth ManagemenUSubdivision Page 8 of 19 The Applicant's design shall be compliant with al] 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. "Chic information shall be provided as part of the building permit submittal. The construction management plan shall address construction while the Club remains open, and shall address how all construction activities will not impact all trees that are remaining on the site. Aspen Club Trail access or use for any construction activities is prohibited at all times; this includes but is not limited to truck traffic, foot traffic, storage or materials. Section ]0: Ute Trail Improvements The Applicant will agree to contribute to the completion of the Ute Trail based on the Review Standards for Development in a SPA. This contribution will occur no later than 60 days notice of the commencement date/notice to proceed of the Trail's construction as provided by the City of Aspen. The Applicant has agreed upon a contribution in the amount of $70,000 to be adjusted annually according to the Consumer Price Index (C.P.L) Prior to both the contribution and the building permit issuance the Applicant will need to provide the City of Aspen a Bond or Letter of Credit in the amount of $70,000. This bond will be released once the contribution is received. If the contribution is not made as described above the bond or letter of credit will be executed by the City of Aspen." Section 11: Ute Ave Improvements The Applicant agrees to improve the Cu] 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. ~'he 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. The Applicant shall bear all costs associated with the proposed improvements to Ute Avenue. Section 12: Affordable Housing "fhe Applicant shall provide twelve (12) on-site affordable housing units. Three (3) units of S50 sq. ft. of net livable area shall be deed restricted to a Category 2, five (~) units of 950 sq. ft. of net livable area shall be deed restricted to a Category 3, and four (4) units of 950 sq. ft. of net livable 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 Certitcate of Occupancy (CO) on the affordable housing units. The Certificate of Occupancy for the affordable housing units shall be issued prior to or at the same time as the proposed timeshare units. Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 9 of 19 The affordable housing units shall be owned and managed by the Aspen Club and Spa. More detailed information regarding the management and maintenance of the units shall be provided to APCHA with the proposed deed restriction prior to CO. The owner shall have the right to rent the units to qualified employees of the Club. If the owner cannot provide a qualified tenant, the units shall be rented through APCHA's normal advertising process. At no time shall the tenancy of the units during a lease period be tied to continued employment by the owner. Tenant leases, however, may be terminated for cause or at the end of the lease period upon termination of employment. Each tenant in the rental units shall be required to be requalified by APCHA on a yearly basis. The owner shall convey an undivided 1/10' of 1% ownership interest in the lot on which the units are situated to APCHA. The APCHA ownership interest shall be in perpetuity or until such time as the units are converted to ownership units, or the statutory restriction on rent control units is eliminated. The deed restriction shall allow the units to become ownership units at such time as the owner (the Aspen Club and Spa) elects to condominiumize and sell the units, or at such time as APCHA determines one or more units are found to be out of compliance with APCHA Guidelines for one year. li'any of the units are found to be out of compliance for one year, or the owner elects to sell the units, the units shall be listed for sale with APCHA at the categories specified in the deed restriction. The sales price shall be as stated in the APCHA Guidelines in effect at the time of recordation of the deed restriction plus appreciation calculated at three percent (3%) per annum or the Consumer Price Index (simple appreciation not compounded), whichever is less, as of the listing date of the units. If the units are being sold due to noncompliance, all of the units shall be sold through the lottery system. if the owner elects to sell the units, the owner may choose 1/3`d of the initial buyers provided they quality under APCHA's top priority for the unit. If the owner elects to sell the units, or they are required to be sold due to noncompliance, owner shall condominiumize the units and form a condominium association for the management and maintenance thereof: The affordable housing association shall be separate from the fractional ownership unit's association. In the event the rental units are required to become ownership units due to noncompliance, APCHA or the City may elect to purchase them for rental to qualified tenants in accordance with APCHA Guidelines. Section 13: Fire MitiEation All codes adopted by the Aspen Fire Protection District at the time of building permit submittal shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems ([FC, as amended, Section 903 and 407). Ordinance No 2. Series 2010 Aspen Club PUD/SPA/Timeshare/Growth ManagemendSubdivision Page l0 of 19 The Applicant shall provide an overall access plan for the site with the building permit submittal. The subgrade garage shall have adequate fire access. This shall be reviewed and approved by the Fire Marshall. The proposed lawn pavers shall be engineered to support fire truck loads. Pire sprinklers and alarms are required and shall be included in the project, including in all structures. Section 14: Public Works The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Utility placement and design shall meet adopted City of Aspen standards. Each of the units within the building shall have individual water meters. Nothing from the 1976 PUD water rights agreement may change as part of this current project The recorded plat shall provide adequate easements for all utility lines. This shall be reviewed by the Engineering and Water Departments prior to recordation. The project will demonstrate the delivery of fire flows adequate to satisfy Aspen Fire Protection District standards for a Type IIIB Commercial Building. This may be satisfied by an analysis acceptable to the Aspen Water Department which demonstrates system delivery capabilities of the existing water distribution system at the Ute Avenue side of the project of 3,000 gallons per minute. The Applicant shall bear all costs associated with the proposed improvements to the water line along Ute Avenue and metering connections that result from this project. Section 15: Sanitation District Requirements Since there is an existing Aspen Consolidated Sanitation District owned and maintained main sanitary sewer line currently running through the proposed development, the proposed relocation of this main ACSD sanitary sewer line must be approved by the District's consulting engineer and board of directors prior to the district committing to serve this application. The district will require a written verification from the Applicant that the revised sanitary sewer service for the Silver Lining Ranch is acceptable to the current owners of the Silver Lining Ranch property. Since it is apparent at this level of approval that the district's main sanitary sewer lines will be modified to serve the new proposed development, a line relocation request and collection system agreement are required. Both are ACSD Board of Director's action items. New easements will he required for the sanitary relocation according to standard district form. Additional access and maintenance easements may be required depending on the final sanitary sewer utility plans. Ordinance No 2, Series 2010 Aspen Club PUD/SPA%['imeshare/Growth Management/Subdivision Page 1 I of 19 Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. The Applicant shall bear all costs associated with the proposed improvements to the sanitation system that result from this project. Section 16: Environmental Health The state of Colorado mandates specific mitigation requirements with regards to asbestos. Additionally, code requirements to be aware of when filing a building permit include: a prohibition on engine idling, regulation of fireplaces, fugitive dust requirements, noise abatement and pool designs. The Applicant must meet all applicable requirements associated with the new pool. Wildlife protection/enclosures for the trash and recycle area is required. The Applicant will be subject to the TDM/Air Quality Impact Fee in place at the time of Building Permit submittal. Section 17: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Codc Section 26.57.150, 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 ~'he Applicant shall comply with all aspects of the Transportation Demand Management (TDM) plan attached to this Ordinance (Exhibit A). The TDM Plan and the "fDA Traffic Study (attached as Exhibit B) shall be recorded as part of The Agreement. The Applicant may update the traffic counts and TDM Plan prior to building permit submittal. 'this shall be conducted 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. "l'he Applicant shall conduct a meeting to review the Transportation Demand Management Plan with the City Staff prior to submittal for a building permit application. This meeting shall include the Applicant, a representative of the Transportation Department, a representative of the Engineering Department, a representative of the Environmental Health Department, and the Community Development Department's case planner. Any updated traffic counts shall take place in the 15` two weeks of March and the is` 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 Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 12 of 19 and erosion control along the hillside. The City can provide specifications if needed: minimum requirements include a silt fence and straw bales placed in a manner preventing erosion and protect the river from residual run-off. All of these detailed at the 15' set back from top of slope. Building permit plans shall include a detailed plan submitted for Construction staging. This plan shall detail how the construction will take place with staging, storage of materials and locations of vehicles so that trees remaining on site will not be impacted and remain protected. Building permit plans shall include a detailed plan submitted for Tree Protection. Tree protection fences must be in place and inspected by the city forester or his/her designee before any construction activities are to commence. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on site. There should be a location and standard for this fencing denoted on the plan. An approved tree permit is required before submission of the building permit set. Proper spacing and a detailed legend for new plantings and plantings around existing trees shall be reviewed by the Parks Department at building permit submittal. This legend shall include species name. Building Permit Plans shall detail the material and width of the footpath proposed within the stream margin area. 'this footpath shall be installed with hand excavation tools only and set around all trees to remain on site. The utilities located under the trail should be developed and installed with junction boxes so future repairs can be accomplished without the need to excavate the new trail. This trail shall not be used for or provide access for any construction activities. This includes but is not limited to truck traffic, foot traffic, storage or materials. Aspen Club Trail access or use for any construction activities is prohibited at all times. This includes but is not limited to truck traffic, toot traffic, storage or materials. 1'he Applicant will be subject to the Parks Development Impact Fee in place at the time of Building Permit submittal. Section 20: Parking No parking is approved for Ule Ave or in the cul-de-sac. Section 2l: School Lands Dedication "fhe Applicant will be subject to the School Lands Dedication cash-in-lieu in place at the time of Building Permit submittal. Section 22: Ener¢v Commitment fa) An audit of the has and electrical energy consumed by the existing 77 000 square foot Aspen Club buildin during the preceding three years w•as conducted by Resource En ing Bering Group and summarized in a written report dated November 24 2008 a copy of which report is attached as Exhibit C to the Ordinance. T'he energy consumption reflected in that report averaged 18.600 million Btu/year over the subiect three year period (the "Baseline Average"). The Applicant C-Its-9+x~t+et hereby commits and agrees that following the Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 13 of 19 redevelopment of the Property pursuant to the approvals granted in this Ordinance. the average .annual en~r~}~_eon_sumhti~~n of all uses of lhe_ Prn~crt~_ (includin~~ the Cluh. the Timeshare Units. (b) The Applicant ~--9vvr~ commits and agrees that the Building Permit Ic) Pursuant C~krAw+3er is also cor Inver the installation of'the energy consumption mechanical components (including upgrades to existin~systems) that are incorporated in the approved Building Permit. has demonstrated mechanical components (including upgrades to existing systems) have in fact been installed by Applicant ~~. e) Within 30 days following the expiration of the one year period fgllo~yn~the issuance of the tinal Certificate of Occupancy for the Aspen Club Living development, the Applicant C-~--A~teF shall provide the Building Department and Canary Initiative staff with a report summarizin tg he ene~y consumed by_all uses of the Property during said one near period. With such report. the Applicant ~-9wr}er shall provide the Building Department and Canary consumption into compliance with the Baseline Average. the Property_durinP the precedin tg hree~period and averat?ina the enere~ consumption of the Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth ManagemenUSubdivision Page 14 of 19 Group must be reviewed and approved by the City Building Department and the Canary Initiative staff before the Building Permit is issued. ~ shall have 9i+t~+ef effi~rts. ~k+13 (e) Similar audits will be performed four vears and five vears respectively followin„ the date of issuance of the final Certificate of Occupancy for the Aspen Club Livin„ project, in such remediation efforts. (h) [f said fifth near audit determines that the enemy consumption on the Proyertv does not esce~~l thr 13;t~rline ;~~er^sr. the f~scrc~~~ Account shall he closed and all remainine - -- - Funds , .. .. ~. ~, , ,:,: , =. iuH-A~vrter and _no_fu.rt.her energy reports or Property exceeds the Baseline Average, the Applicant ref shall be obli ate ed to provide an additional energy consumption audit six vears following the date of issuance of the final consumption on the Property does not exceed the Baseline Average. (c) If any such audit concludes that less than ~0 percent of the dues-pang members of the Club hold Resident Memberships in the Club, the Applicant ~r will take Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshaze/Growth ManagemendSubdivision Page 1 ~ of 19 whatever steps may be reauired to increase the ratio of Resident Membership vs. Non- Residential Memberships to greater than 50 percent. In the event the next annual audit retlects a continuing non-compliance with the requirement that Resident Memberships exceed 50 percent of the total dues-wing Memberships in the Club, then the Club will offer free one-year Resident Memberships to any and all full-time City of Aspen employees that wish to be Club Members, such offer to remain in effect until an annual audit concludes that the Club is again in compliance with the requirement that Resident MembershiEexceed 50 percent of the total dues- payinQ Memberships in the Club. When a compliance audit is obtained. each free Resident Membership held b•~~plovee will expire one year after the date on which the employee signed a Membership Agreement with the Club. and such employee will have the option of Section 24: Club Reinvestment (a) The Applicant N~-9~ter hereby commits and agrees that prior to the issuance of a tnal Certiticate of Occupancy for the Aspen Club Living development approved by this Ordinance. the Applicant nee will spend a minimum of $5,000,000 in upgrades to the existing Aspen Club & Spa facility, including but not limited to structural improvements. a new swimmingpool, new locker rooms, upgraded activity spaces, improvements to utilih~ systems. investments in clean energy initiatives, and a new entryway. (b) Upon substantial completion of the upgrades to the Aspen Club & Spa facility, the Applicant ~9~net` shall provide to the City Building Department a summarkof the costs and expenses incurred b ty he Applicant C~-9w+>e~ in accomplishin tg he upgrades, which cost summary shall be reviewed and approved by the City Building Department. (c) A final Certiticate of Occupancy shall not be issued for the Aspen Club Living development project approved by this Ordinance until the Ciri~ Buildine Department is satistied that the Applicant der has expended a minimum of $5,000,000 in connection with the Section 25: Reaortina Renuirements The Applicant shall be subject to a number of reporting requirements. as indentified herein. All reporting requirements shall, to the extent possible, be compiled into one report that goes to the City Community Development De~rtment. This report shall include: • The reporting and audit procedures as specitically outlined in Section 22. Any items required to ;;o to other City Departments by other sections of this ordinance shall be sent directly to those Departments h ty he Applicant. Ordinance No 2, Series 2010 Aspen Club PUD/SPAlTimeshare/Growth Management/Subdivision Page 16 of 19 Section 26?: Vested Rights The development approvals granted pursuant to Planning and Zoning Commission and Resolution 15. Series of 2009 and herein shall be vested for a period of three (3) years from the date of issuance of the Development Order. No later than fourteen (14) days following the final approval of all requisite reviews necessary to obtain a Development Order as set forth in this ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 140 Crystal Lake Road.. City of Aspen, CO, by Ordinance No. 2 Series of 2010, of the Aspen City Council. Section 273: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Ordinance No 2, Series 2010 Aspen Club PUD/SPAlI'imeshare/Growth ManagemenUSubdivision Page 17 of 19 - ~ ~mment [j5]: This language was added by the City Ailorncy Section 28-1: 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 29$: tf any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a couR of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. The 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 302b: A public hearing on this ordinance shall be held on the 8'~ day of February, 2010, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen. Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall he 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 `h day of January, 2010, Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this _ day of , 2010. Attest: Kathryn S. Koch, City Clerk Approved as to form: Michael C. Ireland, Mayor Ordinance Na 2, Series 2010 Aspen Club PUD/SPAffimeshare/Growth Management/Subdivision Page 1 S of 19 City Attorney Attachments Exhibit A: Approved TDM Plan Exhibit B: TDA Traffic Study Exhibit C: Energy Baseline Report by Resource Engineering Group Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Grou2h ManagementlSubdivision Page 19 of 19 Ordinance 2, Series 2010 Exhibit A Aspen Club Living TDM PLAN GOAL Have zero growth in traffic levels on Ute Avenue coming to the Aspen Club as a result of the Aspen Club Living Project, while creating a safer street. Based on the current TDA Report, traffic levels coming to the Club shall remain at their stated baseline of 860 trips per day. AM peak trips to the Club should be limited to 70 per hour. PM peak trips coming to the Club should be limited to 99 per hour. Additional traffic studies may be prepared between now and submission for a building permit and baseline trip limits and the TDM Plan will be updated as necessary. BACKGROUND The goal of Aspen Club Living is to create both a safer Ute Avenue as well as limit any growth in traffic on Ute Avenue due to this project. To achieve these goals we have consulted with the City of Aspen Transportation staff and engaged TDA, Inc of Seattle and Denver, respected traffic engineers who have been used by the City of Aspen, to help us create a set of traffic safety & management tools. Baseline conditions have been established via high season traffic counts at key locations in the vicinity, including Ute Avenue and the Aspen Club entrance. The Club will have a designated Transportation Coordinator who will manage all TDM programs as a function of their job description. The Transportation Coordinator shall manage all TDM programs in perpetuity. In addition, the Aspen Club will remain an active member of the City's Transportation Options Program, with the Transportation Coordinator acting as the City's contact. TARGET GROUPS A unique challenge associated with this project is the existence of a variety of user groups with distinct needs. The Aspen Club Living TDM program establishes a variety of tools targeting the following groups: • Employees commuting to the Club • Club guests • Employees living on-site in Aspen • Aspen Club Living owners Club affordable housing • Club members Ordinance No 2, Series 2010, Exhibit A Aspen Club TDM Plan Page I of 11 o d o }' N .D ~ X ~= W N C C b O Q d' .a 0. A F cu a .; a a 7 U C d d 0 0 ~ Y ~ ~ o ro v . o c c 0 0 c ~ ~ ~ ~ ~ ~ ~ a n . a a E o E ~ c c a o .. ~ :o U V ~ .Q ~ _ ~ v v ~ ~ ~ ~ ti ai ai ai ai ti ti ti ai w (n U7 Y U G U C U C U G U C U C U C G' C U C V G O C O O O C 7 7 7 ~ 7 ~ ~ 7 7 U ,O U U N V~ VI N N Vi N C. 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U O M V V1 Vl ~O ~O ~O 1~ ~ W 00 00 O~ D\ 0 w U N V V N N V Y ro U R V ~ U d N d U ~ 4l tl U ~ V d z ~ ctl ro td ~ ed t0 c t t c ~ a a a a a a a a a a a a a a a a ~; oq on ou L v ~ N ~ ~ C _ ~ lA O L VI p N p ~/ F " s 3 r ~'i Hr W vi ~ N ~ N ~ U ~ N ~ N a i N ~ N w ~ V d o N .. y o N ni y N rh L y T T T T T T T L N T T y T T y y T T y V ~ ~ O O O O O O O ~ O O G ' O L O L ~ E N n, n a. a a o. a E a a N a n. c a a c E E ~ ~ E _ _ F d ~ ocq W [x 7 U .] W W ri W ~. [v W s [ v o [ a i o d d °' " ~ E ~ _ E ` ~ E ~ ~ o ~ L ~ ~ o a O v W U U C ~ E n. ~ CG ~ c on ou o .. '- ~ ~ ~ c E im o. V ] Q ~ E ~ c u ~° ~' y o ro v, a i E - w W V G C N ~ a LO T C ~ b N d bq p i H ~ E O O `' T V V ~ C v N p v ' A U U v: O m ~ z ~ w ~ z U m U ~ U ~- °~cc' o G N u.1 ~ oq f- o ~ n. o U '~ c 4l y v a ~ Q N O z C c 'O Ordinance 2, Series 2010 Exhibit A Aspen Club Living - TDM Measure Detail FIXED ROUTE ASPEN CLUB SHUTTLE The Aspen Club will provide shuttle service to and from the Club at regularly scheduled intervals. These would augment the Cross Town Shuttle services, operating on a fixed route and schedule. Details a. Shuttle vehicles will be reduced emissions or zero-emission. b. Shuttle service will be free of charge for employees, members, owners and guests. c. Signs and other information identifying the routes and times will be posted at the Club, and, if permitted, at Rubey Park and other locations in town. d. The shuttle will be publicized in Club marketing materials and inside the facility. e. The shuttle schedule will coordinate pickups and drop offs to best accommodate employees who are arriving/departing Rubey Park. f The shuttle route/schedule will be coordinated with hotel partners to minimize total shuttle trips to the Aspen Club. g. Employees will be allowed to access shuttle service for lunch, errands, etc. Schedule a. This service will be provided half-hourly from 7 AM to 9 PM every day during the peak summer and winter seasons. (Peak summer season is defined as Food and Wine Weekend -Labor Day; Peak winter season is defined as December 15th -the Close of the Ski Mountains.) These hours may be increased or decreased depending on actual demand experience, but will not be less 13 round trips daily operating at approximately the morning (8-9:30am), mid-day (12-1:30pm) and evening (4-6: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 ManagemenUSubdivision Page 3 of 11 Ordinance 2, Series 2010 Exhibit A d. Service to the airport will be provided separately from the scheduled in-town service in order to keep the in-town service on a fixed schedule. In addition, the airport service shall be provided on-demand only to avoid unnecessary trips. Phasing A complete shuttle plan detailing the Club shuttle route(s), schedule and stops must be approved by the City of Aspen Transportation Department no later six months prior to the issuance of a Certificate of Occupancy. This plan must meet the conditions discussed above. As an alternative to operating a fixed route service, the Aspen Club may contribute to the operation of the Cross Town Shuttle as discussed above. If this arrangement is selected, the Club's van service will operate on-demand only in order to minimize trips. -f this arrangement is selected, a detailed on-demand shuttle plan must be approved by Transportation staff no later than six months prior to the issuance of a Certificate of Occupancy. ON-DEMAND ASPEN CLUB SHUTTLE The Aspen Club will provide an on-demand shuttle service to serve guests traveling to/from the airport and other areas not served by the fixed route service. Details a. Shuttle vehicles will be reduced emissions orzero-emission. b. On-demand service will be free and available to Club members, owners and guests. c. On-demand service is meant to serve as a backup to fixed route service and will not replace fixed route service during peak summer and winter. d. On-demand service may replace fixed route service during off seasons. Schedule a. On-demand service will be available daily during Club hours of operation. Phasing A detailed on-demand shuttle plan must be approved by the City of Aspen Transportation Department no later six months prior to the issuance of a Certificate of Occupancy. This plan must meet the conditions discussed above. Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 4 of I I Ordinance 2, Series 2010 Exhibit A 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 [he Transportation Department. Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 5 of 11 Ordinance 2, Series 2010 Exhibit A CARPOOL PARHING Preferential carpool parking spaces will be provided for carpooling employees. A minimum of 3 carpool spaces will be provided and located in the parking area on Lots 14A & 14W closest to the path to the Aspen Club. Details a. Carpool spaces will be designated with signage. b. Approved carpools will be provided with a tag or permit to allow access to preferential spaces. c. Carpool parking spaces will be monitored by Transportation Coordinator. d. Employees parked in carpool spaces without appropriate permits/tags will be written up. Phasing This program must be approved by Transportation Department and in place no later than six months after the date of issuance of Certificate of Occupancy. Measure to remain in place in perpetuity unless approved for discontinuance by the Transportation Department. RESTRICTED PARHING Employee parking will be limited to the Crystal Lake Parking lot located on Lots 14A & 14W. Details a. Employee parking is not allowed in Ute Avenue parking lot. b. Preferential parking will be provided for employees who carpool. c. Parking area will be monitored by Transportation Coordinator. d: Employees parked inappropriately will be written up. Phasing This measure is currently in place. Measure to remain in place in perpetuity unless approved for discontinuance by the Transportation Department. NEW HIRE ORIENTATIONS At all new hire orientations, the Aspen Club will provide information on all the different employee options for commuting to the Club and reducing traffic on Ute Avenue. Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth ManagemenUSubdivision Page 6 of 1 I Ordinance 2, Series 2010 Exhibit A Phasing This program must be approved by Transportation Department and in place no later than six months after the date of issuance of Certificate of Occupancy. Measure to remain in place in perpetuity unless approved for discontinuance by the Transportation Department. EMPLOYEE INCENTIVE PROGRAM The Aspen Club will create incentive plans for carpoolers, bikers, walkers and RFTA riders. Details a. Program will consist of gift cards, punch cards, prize drawings or end of season raffles. Phasing Program must be in place no later than six months afer the date of issuance of Certificate of Occupancy. Program must be marketed to employees, with marketing measures to be provided to Transportation no later than six months after the date of issuance of Certificate of Occupancy. Measure to remain in place in perpetuity unless approved for discontinuance by the Transportation Department. EMERGENCY RIDE HOME PROGRAM As a member of TOP, the Aspen Club will work with the City in implementing an Emergency Ride Home Program for employees who take the bus to work, but for one reason or another (e.g. sick child) need to get home in a hurry. This will give employees a sense of comfort that they can take the Bus into town but get home quickly if they need to. Details The Aspen Club will be responsible for any trips taken beyond the TOP program's budgeted limit each year. Phasing This measure is currently in place. Measure to remain in place in perpetuity unless approved for discontinuance by the Transportation Department. Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 7 of I I Ordinance 2, Series 2010 Exhibit A MEMBER INCENTIVE PROGRAM The Aspen Club will create an incentive system for members who walk, ride their bikes or take either our shuttle or the Cross Town Shuttle to and from the Club. Details a. Information on this incentive system will be provided in membership materials. b. Members will have a punch card system to track their use of alternative transportation. c. Incentives will potentially consisting of gift cards, prize drawings or end of season raffles for prizes and rewards. Phasing Program must be in place no later than six months afrer the date of issuance of Certificate of Occupancy. Measure to remain in place in perpetuity unless approved for discontinuance by the Transportation Department. HOUSING PREFERENCE Preference for access to On-Site Affordable Housing would be given to employees who agree not to park a car at the Aspen Club. The Club will also develop move-in packets that will provide information on all alternative transportation programs provided in Aspen. Phasing Program to be in place before first tenants move in and to remain in place for future tenants. CAR RENTAL DISCOUNT Arrangements will be made with a local car rental company for discounted car rentals. Details a. The Club will arrange for discounted car rentals for our employees who live on-site as well as for Aspen Club Living owners. b. Trips will be charged at the negotiated discounted car rental rates. Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 8 of 11 Ordinance 2, Series 2010 Exhibit A BICYCLE FLEET Shared bicycles will be available for employees as well as tenants of employee housing and Aspen Club Living owners. Details a. A minimum of four bicycles will be available at program outset. b. Bicycles will be maintained by the Club's maintenance staff. c. A check out /check in system such as using electronic [D card will be implemented for use. d. The program may expand as needed based on usage. Phasing Program must be in place no later than six months after the date of issuance of Certificate of Occupancy. Program must be marketed to employees, with marketing measures to be provided to Transportation no later than six months after the date of issuance of Certificate of Occupancy. Measure to remain in place in perpetuity unless approved for discontinuance by the Transportation Department. CARSHARE PROGRAM A Carshare vehicle will be available, on-site, for employees living in affordable housing as well as for Aspen Club Living owners. Details a. Prior to opening of the project, the Aspen Club and Transportation Department will determine how to best structure this program, possibly using the services of CAR TO GO, or possibly being operated by the Aspen Club. b. Issues to be addressed include: i. Ownership of vehicle ii. Access to the vehicle iii. Payment of maintenance and operating costs Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 9 of I I Ordinance 2, Series 2010 F,xhibit A Phasing A complete plan for the implementation of an on-site carshare program must be presented to and approved by the Transportation Department no later than six months prior to the issuance of a Certificate of Occupancy. This plan must include, at a minimum: 1. Purchase/ownership of vehicle(s) 2. Type of vehicle(s) 3. Parking location(s) 4. Allowable customers 5. Vehicle replacement plan 6. Operations plan including reservations, access, fueling, insurance 7. Subsidy/cost sharing plan for CAR TO GO, should CTG operate the vehicle MONITORING PROGRAM The effectiveness of the program will be measured in several ways: 1. Vehicle counts have been performed at Ute Avenue and at the Club and will continue twice a year during March and August for five years after the project receives a CO. Vehicle counts and surveys shall be undertaken in March and August annually in the same manner as the current TDA Report, using an Engineering/Transportation firm or using standard traffic counting devices. Report shall be provided to Transportation, Engineering and Environmental Health Departments by October 1 annually for five years after the project receives a CO. The report must indicate both daily and hourly traffic counts. Annual report shall also include status of required TDM program components. Non-compliance with required TDM components will be brought to City Council for discussion and action if needed. 2. Survey of above target groups to ensure their knowledge of and participation in the programs. Annual surveys must be pre-approved by the Transportation Department. 3. Results will be summarized in Memorandum form complete with tabulations and charts so that year-to-year trends are readily apparent. 4. The Transportation Department may require interim check-ins as necessary. Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 10 of I I Ordinance 2, Series 2010 Exhibit A CHANGES TO THE PLAN If the Applicant chooses to update the traffic counts from the baseline in the current TDA study and those numbers are different than the current counts done by TDA (860 trips per day, 70 AM peak trips per hour, and 99 PM peak trips per hour), then the Applicant shall also be required to update the TDM Plan. This update must be conducted prior to submission for a building permit, and must be reviewed by the Transportation, Engineering, Environmental Health, and Community Development Departments for compliance with all approvals. Any changes to the TDM plan based on revised base line traffic counts must be reviewed and approved by the Transportation, Engineering, Environmental Health, and Community Development Departments. The update or this plan and its associated TDA traffic counts shall be submitted as part of the building permit application. FURTHER TOOLS Should monitoring show that the zero growth goal is exceeded at any time, the Aspen Club will be required to develop a plan for approval by the Transportation Department to include a variety of the following suggested TDM measures: • additional transit service via Club shuttle • additional contribution to the Cross Town Shuttle • additional restrictions on employee driving • additional rewards/incentives programs for employees and guests • flexible scheduling for employees to avoid peak hour congestion • scheduling of club activities to avoid peak hour congestion • more aggressive internal and external education • paid parking for employees and guests • other measures as approved by the Transportation Department Ordinance No 2, Series 2010 Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision Page 11 of I I ~,C~.IV~~~ ~ CQ- ~~ TDA Transportation COLORADO :~~ INC. ' October 29, 2008 Michael Fox .W Aspen Club International _ 1450 Crystal Lake Road Aspen, CO 81611 -. Dear 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 ~ with prior traffic counts from this past Mazch dwing the Spring Break period and in August 2004, will help establish benchmazks for monitoring acrual xraffic 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 efforzs as further described below are: • Weekday traffic volume on Ute Avenue is about 70% higher than [he 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 Club is highest and fairly uniform between lOAM and 1PM, and again between 3PM and 6PM for weekday and weekend. • As a "design day" for assessing future development traffic, a Thursday during August ,,,, would represent a typical high traffic activity day for the surrounding neighborhood, when Club traffic 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 rune-hour daytime video count, for all arrivals to the Club, approximately 81% are via autof 10% via bicycle and 9% as pedestrians. Approximately 80% of arrivals are via " Ute Avenue entrance with 20% crossing the footbridge from Crystal Lake Road. • 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. Louisiana Ave. Suite 100 Derrer, Colorado 80210 ~ 38257101 ~ FAX 3CT!-8257108 ~ TDA®tdacobrado.com •~ Alpert Clab ~ Spa Traffer Coant .,. October 29, 2008 P Z • 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 neazby 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 the 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 24Hour 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 direction. This week- longcount 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 .. 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 weeks total daily "' Exhibit A u.. ~ Togl o•N Tx•Rk by DM•eUOn j i •n UU IWnM~ w•tn o1 Orq Ma181n•t Mwc~ ImB i,.. t.em ~ A6oulnDOUnU 1 X08 -- --. - cNpMUOUM "' I txm sr !D8 lmo - __ _.- -_-__ +• ~ em '~ I I rsuoe I xrts~m I >r~m I a~x>roe I 3rze~ae I xravm I yxaae I Man TW WN ~, Thu Fn ~ 8w ~ Bun 7DA Colorado 0 Arprtt Club & Spa TraJftc Count .- Cktober 29, 2008 Page 3 volume of 1,300 is about 70% higher than the weeken 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., carried 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 ql, q3, and g41ie along Ute Avenue, the main road serving the Aspen Club & Spa. Locations q5 and q6 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 q2 lies on y an alternate route for vehicles heading out of town. 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 r 8. Durant Avenue at Original Street 9. Cooper Avenue at West End 10. Durant Avenue at Spring Street Data were also collected at Locations q7 & q8 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. w 1DA Colorado r ~< _. ~ ~. r w+ ~ ... ~, r r r S ~ N N 6 r a \ F~ ~ ' I O ~~ / , ~ Qc4 ' ~ r: Y ~ ~ o ~ 0 .ter-- ~ i i - y _ , ~ ~ , . Clevela d St o V ro Q a M ~ ~ ~ ~ QQ~ H V ~ m~m V ~ o~ ° i7 3 ~ ~ z Z West E d a> ~° ~ ~ ~ g Original St o . r N rin S t g p N m a O 2 +. Vj Hunter t ~ ~ a w c 9 N ~ ~ c ' c$ C m °~ o U > > 8 ~ 7 mi ° 8 a ~ o ° ~ ~ „ ~ va °a Galena t v ~ ~ ~ e ~ g ~ s ~ . ' `~ E t g .-~ ~ ' m > Mill St ~ ... r~ ~ m > F~ N 0 ~~ ~~ m V C S ~~ ~ . :~ :... .... ..... p ~~ O ~ ^ LL F C a W Y ~ m ~ = T Aspers Club & Spa Tragic Count October 29, 2008 _ paee 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 pl dL 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 ` ~ Volums Proflls August 2006 Daily Volume Comparison "' along Ilb Ave 8 at Aspen Club Main Lot Entranp ' zsoo ---- --- ®U[e Ave elo Orginal Stl z,nz z,oo9 i,ea2 o Ute Ave e!o Ule PI r m ®Aspen Club entrance D 1,500 - i'4~ 1375 L r,zn i _'' x,900 9a9 .., i a 975 809 ... 500 411 ~I 0 TTurs _T Fri Sat __..._~ ... .. lUU1 Colorado Aspcm Club F+Spa Traffu Connt „ October 29, 2008 Pace 6 Crystal Lake Road provides an alternate access to the Aspen Club & Spa site via SH 82. " Vehicles can pazk 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 Pigure 3, nearly 60% of the volume on this road is headed toward 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 Crystal Lake Roca Taal Daily Vdumee Pugust2008 ®Thurs ~ 4t0 ~ Fri S _ e Sat t "rr,~ .Lliiirlq ~. ~,~ ,;~, ~~ j ° ~ u'~i~i~i~~li z~ -. - zee zes I ~~, I ii I,;h F s zoo ~~ii~l~ - ;;:: Ili. ~nll! Daiy Vdurtes on Crystal Lake Roatl __ south W SH82 Lot Entrance Seasonal variations in traffic are depicted in Figure 4, comparing total daily volumes on Ute Avenue east of Original Rvenue during the winter season in Mazch and high summer season in August 2008. 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 Avenw Total Dafly Volumes ®TIIUfS M arch vs. Algust 2008 z,trz ®Fri a ~ on Ute AverNa east of Original Sheet i M e rc h A uguet ---.._ hah wints season Ngh sumrer eeseon - J lDo4 Colorado Aspen CIWb Fs Spa Trafftc Covent ,,, Ottober 29, 2008 Pace 7 Hourly volume entering the Aspen Club & Spa varies throughout the day. Figure 5 illustrates hourly - total volume accessing the Club from Ute Ave, showing variations for Thursday, Friday and Saturday. ,,, Friday ]ate morning exhibits the highest hour with a total of 67 vehicles in and out during 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 afternoon peak from ~, about 46 PM. Saturday afrernoon volume drops off starts eazlier than the weekday 6 PM drop off. Figure 5 .. Total Volumes at Aspen Club Main Entrance No Ute Avenue '~ August 2008 70 - -Thurs a 60 _ --Fri 50 - -Sat m 40 - - - - _ ,~ 30 - c 20 - --_ - i= 10 _ p I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 j Hour Ending INTERSECTION PEAK HOUR VOLUMES r 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. _ The highest turning volumes occur during the PM peak hour at the Original/Cooper "' intersection with 130 southbound left turns and 187 eastbound right turns. Both of these ., movements are links in the State Highway 82 designated route through the city. CLUB & SPA TOTAL DAILY TRAFFIC VOLUME m- 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. lA4 Colorado ~~ z~ ~a ... ya w` -o a .~. U e ~` e .. .. .. $ N YO ~.J . ~~i . .~. ~ ~'•- _m ~ `~ o° = z° w I o w m ; ~ ~ 8 a '~offig ~~~~ N I ' ~ FL-Y~ ~o C a_~`33e ~ SP~P9 St i5 ~ °~~ i~u~Q.e~e '•n .-. •. m~v n o ~~' ~` ~~W ~J14~ , ~~ W~~ 60 (130) ~ L 10 (za> : 15 (z7),. 1z (as) o 58 (107) ~ X85 (133; 50 (89) ~ ~ 57 (94) 29 (51) ~ * r 5 (22) 43 (65) ~ * ••, 21 (36) Zh * ~ 21 (32) ~_y1~ / ~I I I~ v N / ~ vl ~ p .~i / YOB Q1O~ ~ ~ ~ ~ ^ v / F°~%~ ,:~~. 0 0 0 0 U Asjxn C[wb F, Spa Traffic Covent ,, October 29, 2006 Page 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 intersettions with Original Street, winter ' weekday AM peak hour volumes are slightly higher than for summer weekday AM, but [he reverse is true in the PM, where summer weekday PM peak hour volumes are higher than in winter. Specifically, data show that at 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 r, location are only 4% lower those in August 2004, yet 22% bigber than in March 2008. Figure 7 displays this data, showing that weekday PM peak hour volumes represent the highest hourly volumes, regardless of the season. Comparison of Peak Hour Total Volumes Summer 2004 <; at Cooper S Original WinOar 2008 988 929 Summer 2008 1.000 ------ ---~- _--.. _._-_-_------1 sect '721 77e ~ y 750 -- -- - 6 500 ' ~ 515 ~7 411 ~ i zea ~ 250 0 Weekday Weekend AM PM AM PM r. 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. r. 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 r 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 ... 1,000 751 50l 25f Comparison of Peak Hour Total Volumea at Durant & Original .. :::;: Summer 2004 Summer 2008 523 387 476 _..- 358 2B2 336 p3/7J/6 327 DIJJ.l c~. _ _ _ 212 203 r~/~ 0 Weekday Weekend AM PM AM PM 7DA Colorado Aspen Clttb f: Spa Trafftc Coant ,,, Oaober 29, 2008 Page 10 CLUB & SPA TRAVEL MODES Vehicle Trips by Hour o(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 part of the average day, from 8 AM to 7 PM, Club & Spa traffic varies from 21% to 34% of total traffic on Ute Avenue a[ 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 caper off. Figure 9 [burly portbn of Mpen Club Trips i e Total on Ule e/o Original r on LRf Avenue a/o Orlgnal Street ~ Aspen Club entrance volt 200 .-... ___.___._- _. _ _ 1 '~ _ __ ~ - i _ g ,oo ... 50 - o ~a 3;:'E3~~1Ea;Ea€€~ €~~f €f~€~ "" ~. _____._ Ibur Entling Peak Hour f~olumes ., 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. W 1DA Colorado Aspen Club fr Spa Traffu Count October 29, 2008 Page 11 Bicycle Yolames 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:OOPM 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 [he bus. Transit currently is used by just a few Aspen Club members/employees. iQ4 Colorodo Aspen Clab fi Spa TraJ~c Coant October 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 intersections counted, Figure 9 depicts the expected distribution of Aspen Club trips to the roadway network. Current .. 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 40% from the north via SH82, 18°!o 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 339'o 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 50 trips heading to the Club and 20 departing. In 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% today to 9% in the future during the AM and from 4% to 6% in the higher volume PM peak ~- hour. Table 1 r r r Estimated Aspen Club Portbn of Peak Hour V9ehicls Trips Through Four Key Intersections SYTm41r Waxikda August 2006 FuWre(vWqubProjaG)Tdps Analysis Intentaction Total thru ~ Aspen Club %Tdps Aspen Club 4 Total mN % Aspen intersection Trips Aspen Club Tri intersection Club Tri AM PM A PM AM PM AM PM AM PM AM PM Cooper Avenue ~ Original Street 407 929 35 45 B% 5% 45 59 482 988 9% 6% Cooper Avenue ~ West End 293 569 10 12 3% 2% 12 15 305 579 4% 3% Durant AvenueQOriginal Street 936 476 54 67 16% 14% 70 M 406 564 17% t6% Durant Avenue @ Spring S(reet 273 370 16 19 6% 5% 20 24 293 394 7% fi% t. IrOnt August 2006 fuming movement courts 2. tram August 2000 tube counts at Cluh entrance 3. from August 2008 video round at Club enhance 4. existing with added residential tdps using standard ITE Tnp Generatbn rates, no TDM mdgation a 7QA Colorado r ~^ x~ __,~F ... 0. H ~. .. S N 0 ~~' \ ~/ b a~ ~_ \N/ ~ ! ~~ de ~ pNp / O O M= F r /• ~. ~ • I ~ H Cleveland St w ¢ C W ~ Q J 0 ~ West End St ~ ~ %OL~ d ~a c o Original St m y C A Spring St St / ~~ %ov ~ F %ss ~ ~~a N s+ ~~'\~ / ~ \ 4 t X05 %08 ~ ~ %5L 1 ~ (- %SZ \ o~ eq d0~`~ '7 ~ n n ~ K~ 0 u m > G > ~ a ~E~ Emil 01 N M ae a ,~ h Ec~~ oU~~ ~ °1 ~:.~ ~~ iZaoQ~ a aU m ~ ~O ~ ~LL nn ~ ~~ d Y .Y tt ~ m 0 6 O U „ October 29, 2008 FINDINGS Aspen Club f> Spa Traffic Count Pace 14 "^'~~ 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 compazable to the August 2004 peak hour volumes. We expect the daily volume is now r higher than it was in 2004 given the increase in Club membership and services offered during the intervening yeazs. 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, 109'o via bicycle and 9% as .,, pedestrians. Approximately 809'0 of arrivals aze via Ute Avenue with 20% crossing the Roaring Fork footbridge from Crystal Lake Road. Club and Spa trips currently represent about 5°'0 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 aze factored into future trip generation. y To assist in identifying artstal post-development traffic changes, we recommend repeating late "' August mid-week vehicle coon[ a[ the same locations as the August 2008 counts. As such, we .... can compare specific turning movements from year to year to detect the magnitude of change by specific traffic routes. °- Please contact us if you have questions or comments on this data compilation and _ presentation. '~' Prepared under the direction of Sincerely, ~, TQA Colorado Inc. ~~~~~ Audzey Girard Senior Associate David D. Principal t0~~1~0~ P.E. 1GA Colorado w Aspen Club Living Transportation Analysis Prepared for: Vann Associates, LLC Aspen, CO Prepared 6y: TDA, Inc. 685 Spring Street, M195 Friday Hazbor, WA 98250 17-September-2007 TD~4 #2111 r TABLE OF CONTENTS OAGANL?ATION OF THE TRANSPORTATION STUDY ............................... 1 ....................._..........»..» INTRODUCTION .......» ........... ...»................................._».......»...................................................................». 2 EXISTWG CONDITIONS .......... _. ......... .........................._.......»......._................................... Roadway System and Classification »......................» 4 ............................................................. P bli T ........................ 4 u c ransportation ...................................................................................... Pedestrian, Bicycle and Equestrian Transportation ................. ................... ........................ 4 . 4 _ Intersection Operations ................................................................................. . ...................... 7 ... BACKGROUND COND[TIONS......_ ................._.......................................................... ... .................... 8 ......»». ........... Roadway Improvements ................................................................................ ...... 8 "' Other Planned Projects .................. ............. ...... .................................................................:. .......... ............. 8 _ Public Transportation ........... ............................................................................ PRO ECT C ....................... 8 J ONDITIONS ................................................................_..............»............................................11 Trip Generation .................. ......................................................................... ...... ..................... 11 .. Fractional Ownership ............................................ 11 ........................................... Affordable Housing .......................................................................................... ..................... ..................... 1 ] Winter Conditions ............................................................................................. ..................... 12 - Transit ................................................................................................................. .....................12 ,,, Trip Distribution and Assignment ................................................................. ..................... 12 Turning Movement Volumes .......................................................................... ................... . 14 r Traffic Operation ............................................................................................... . .................. . 16 Width of Adjacent Streets ................................................................................ .. ..................... 16 ,. Parking Requirements and Parking Supply .................................................. .................... ] 6 MITIGATION ...................................................................................... 18 ...................................... APPendix A ........................................ .. ...................... r . .........................................................................._................................ 20 INTERSECTION LEVEL OF SERVICE ............................................................................ 21 GLOSSARY ........................................................................................................ ....................22 LIST OF TABLES Table 1. Existing AM Peak Hour and PM Peak Ilour LOS ............................. ...................... 7 ~» Table 2. Background AM Peak Hour and PM Peak Hour LOS ..................... .................... ] 0 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 Trips AM & PM Peak Hour ........................... ........................ ...,,,, 13 ............. Figure 5. With Project AM & PM Peak Hour -summer ................................... ................... ] 5 ,~ ORGANIZATION OP TFIE TRANSPORTATION STUDY w 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 toda5/s traffic, parking, and transit conditions. • Background Conditions - is a forecast of conditions in the future project completion year _ 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 to 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 in the Appendix. r s w r Aspen Club and Spa 1 ~ ,Sep-~7 ,,,, #2117treport.doc TDA, Inc. I .__ __..._._.... _.......... _.. r +~ i r r • r r r INTRODUCTION This mport 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 area of the existing building is proposed. LAND USE QUANTITY UNITS Fractional Ownership 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 In addition, the project will provide 19 spaces in a secure subgrade garage for the fractional units, l2 spaces th 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. This draft report is a revision of a draft done in 2005. It changes only the number of affordable housing units from 8[012 and revises the proposed parking supply. Existing traffic volumes 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. Aspen Cfub and Sya N2117frepart.doc 2 ]7-Sep-07 TDA, Inc. r r a r s ,. w r ~• y' E_~nt gtre. Aspen Club and Spa '~~ Project SBe - ~TQA E. COpp~Ave. Site Location FIGURE 1 Aspen Club and Spa #2111heport.doc 3 17-Sep-07 TDA, Inc. EXISTING CONDITIONS Roadwa~System and Classification r Roadway classifications for the streets in the study azea 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 Transnortation The Roaring Fork Transportation Agency (BETA) provides both city and down-valley transit service. The Rubey Pazk 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: 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 ~- 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 Routes - Special service is provided for events (such as the Aspen Music Festival) throughout the summer in the Aspen area.t ,~ Pedestrian, Bic~+cle and Equestrian Transuortation °" Existing pedestrian facilities aze found on S. Original Street, E. Cooper Avenue, E. Durant Avenue and Ute Avenue. r r RFTA website. r Aspen Club and Spa y7_~p_07 1i2171treport.doc TDA, Inc. 4 Turning Movement Volumes r +~ r r w r w 1 y 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. Aspen Ciu6 and Spa H2111trepart.doc 17-Sep-07 TDA, Inc. 5 w w r r .. r r +. (~) l~ (z63) 33 61 176 ~S (82)54 ~~ •~ 63 (76) (31)18 ~ ~ Z1 (30) y ,~ t r nu3n / --__.~~E. Coppef Ava. (20) (138) (39) E ~°~Ava. s~ a ~`~ (3r1 h nlli~y \ ~I l2 (64) (61) (31) \ 33 ?! 14 «I 1 ~- (6Z) 41 1 i 21 (33) (48) 39 ~~ •~ 37 (96) (37) 39 ~ ~ 5 (7) qtr \ 23 34 1 139) (ee)1~l Aspen Club and Spa Project Site - TDL4 i ~rac. Existing AM (PM) Traffic Volumes FIGURE 2 Aspen Club and Spa ti2111 treport, doc 6 7 ~-Sep-07 TDA, Inc. +M Intersection Operations w~ Intersection operating conditions were evaluated using the Higlnuay Capacity 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 estimated. 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 Hour and PM Peak Hour LOS. .. Unsignalized intersections Existing AM Peak hour 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 sec.) r Note that summer traffic volumes in Aspen aze generally higher than winter volumes. This is because more summer visitors arrive by automobile than do winter visitors. r r r r Aspen Club and Spa ii2] ] 1 trepart.doc 7 t 7-Sep-07 TDA, 'Inc. r r r a BACKGROUND CONDITIONS This section describes the estimated future traffic conditions in the study area without development of the proposed project. Because of the City's established policy of zero 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 transportation system in the study area Aspen Club and Spa #2111 heport.doc 8 17-Sep-07 TDA, Inc. r 1 r r 33 81 776 (~-) (`nl (7~) y .~ 14 (60) 23 ~ L 124 (1%) ~. (82)54 ~~ ~~ 63 (76) O (31)18 ~ ~ 21 (30) y .~ 1 r ub3n / ~aerA~ (zo) (73°) (39) f~~QMAva. S~ i °4~ f371 (/~ J~~ ~ t f` 1 (~7 -- IZn71 / (64) (61) (31) \ 33 71 14 .111- (62) 91 ~ t 21 (33) (48) 39 ~~ ~~ 37 (46) (37) 39 ~ ~ 5 (7) qtr \ 23 34 1 (39) (88110 Aspen Club and Spa Project SBe - TDV4 ~~. Background AM (PM) Traffic Volumes FIGURE 3 Aspen Club and Spa #2111heport.doc 9 17-Sep-07 TDA, Inc. 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. Table 2. Background AM Peak Hour and PM Peak Hour LOS. Unsignalized intersections Existing AM Existing PM Background Background .. i .. .. Peak hour Peak hour AM Peak PM Peak hour hour S. Original St./E. Cooper Ave. B (10.0 sec.) B (12,6 sec.) B (10.0 sec.) B (12.6 sec.) S. Original St./E. Durant Ave. A (8.0 sec.) A (8.8 sec.) A (8.0 sec.) A (8.8 sect Ute Ave./Aspen Club and Spa A (5.6 sec.) A (5.8 sec.) A (5.6 sec.) A (5.8 sec.) Aspen Club and Spa H2711treport.doc 10 17-Sep-07 TDA, Inc. .. +. r .. PROJECT CONDTI'IONS This section describes estimated trip generation for the project, impact on study intersections, estimated parking needs, and comparison with parking code requirements. Tri~Generatron Estimates of project trips are based on adjusted trip generation data found in the Institute of Transportation Engineers (fl-E) Trip Genera Non (7~ Edition). These are summarized in Table 3. Adjustments are described following Table 3. Table 3. Trip Generation Rates (Vehicle Trip-Ends per Unit). AM/PM Peak Hour VTE• LAND USE TCE Trip Generation Code Rate per Unit Fractional Ownership Club Urritsz 2 - 2 bedroom Resort Hotel (#330) 0.31/0.42 key 4 - 3 bedroom Resort Hotel (#330) 0.31/0.42 key Townhouse Units 9- 3 bedroom units Resort Hotel (#330) 0.3]/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 hip end (a vehicle trip-end represents either the begiraung or end of a hip; each trip has 2 tripcnds) 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 Horel was used. Affordable Housin¢ The ITE figures for Mid-Rise apartments make no distinctions for unit size. Using 1TE trip generation rates, we estimate that the proposed developments will result in a net increase of ]6 trips in 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 QUAN'I'CI'Y AM (PM) Peak Hour Trip Ends Trips In Trips Out Total Fractional Ownership 38 KEYS _ 8 (7) 4 (9) 12 (16) 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 lockom bedroom for a total of 12 keys. ~ Nine units will each have one lockout bedroom for a total of 22 keys. Aspen Club and Spa 17-Sep-07 #2111heport.doc TDA, Inc. 11 Winter Conditions Note that summer traffic volumes in Aspen aze 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 aze 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. Trip Distribution and Assi~rwrent ,~ 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. Project trips were assigned based upon existing distrbutlon. r w r r Aspen Club and Spa 17-Sep-07 N2111heport.doc TDA, Inc. 12 w .wr 0 9 0 (0) 0 ~.J 1 ~-i 0 (o) (0) 0 -i .~ o (o) y 0 6 0 / --~E. Cocp~A~ (O) (9) (0) E ~~~Qntgt'e. 0 9 0 (0) u ~~ 1 ~i o (o) (o) o ...- ~ o (0) qtr \ 0 6 0 (1) (9) (1) ~ S~ eq~ (IZ) 6 to/O~lp~ ~`~ (oll Aspen Club and Spa Project Trips AM (PM) Roject Site - T~ FIGURE 4 ~~. Aspen CIu6 and Spa N2ll1 heport.da 13 ] 7-Sep-07 71JA, Inc. M W ~~ r r ur r ..~ Taming Movement Vo]umes Figure 5 shows the AM and the PM peak hour fuming volumes for the project year. These volumes were determined by adding the estimated project trips for the proposed project to the background volumes. Aspen Club and Spa #2111 trepart.doc 14 17-Sep-07 TDA, Inc. .. W r F ~~ y' ~__ E Con.,e. .. E=ni quo. 9~ \~ / f42! 29 (43) ~ n717Z ~ F/ 3 I2 (~) (1~) (1~) 33 90 176 .J 1 ~ (60) z3 ~ L 124 (196) (82)59 '~~ ~~ 63 (76) (31)18 ~ ~ Zl (30) qtr 11 69 Z1 (20) (139) (39) (65) (70) (31) 33 80 19 1 ~-t (62) 41 ~ 21(33) (48) 39 ~~ •~ 37 (96) (35) 90 ~ t s (7) Aspen Club and Spa Project Site - TD.4 uric. With Project AM (PM) Traffic Volumes FIGURE 5 Aspen Club and Spa #211 ] treport.doc 15 17-sev-o~ TDA, Inc. w r Traffic Operation Table 5 shows the project LOS for the AM peak hour and the PA4 peak hour, compared with the background conditions LOS. In the AM peak hour and the PM peak hour, all intersections operate at LOS B or better. 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 ' l St. E. Coo r Ave. B 10.0 sec. B 12.6 sec. B 10.2 sec. B 12.8 sec. S. Ori ' I St E. Durant Ave. A 8.0 sec. A 8.8 sec. A 8.0 sec. A 8.9 sec. Ube 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 Adjacent Streets The width of Ute Avenue is 21 feet. Parking_Reouvements and Parking Suouly Table 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 74A, across the river). Table 6. Aspen Code Requirements. Source Land Use Unit Parking Rate Aspen City Code (Parking Fractional Units (Lodge Unit 0.5 spaces per key Supply) Units Affordable Housing Units Unit 7 space per unit Existing Aspen Club Source: Vann A.cSOoates. 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 ]9 19 in aza e Affordable Housing Units 12.units 1 72 12 gazage + 5 surface Existing Aspen Club 0 n.a ` 91' 40 Lot 15 + 22 Garage +35 on Lot 14 total - 122 - _ -- 133"` Aspen CIu6 and Spa #2111 heport.doc 16 17-Sep-07 TDA, Inc. r 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 surface 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. Aspen Club and Spa #2111treport.doc 17 17-Sep-07 1DA, Inc. r +~ r MITIGATION No mitigation is necessary. Traffic operations will remain at a high level-of-service, and the parking supply is adequate. Aspen Club and Spa ti2111treport.doc 18 17-Sep-07 TDA, Inc. r r 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-fuming 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 tlme. Level of Service "A" represents minvaral 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 UNSIGNALIZED INTERSECTIONS SIGNALIZED INTERSECTIONS (Total Delay in Seconds) (Stopped Delay in Seconds) A <5 510 B >5and570 >l0and520 C >l0and520 >20and535 D > 20 and < 30 > 35 and S 55 E > 30 and 5 45 > SS and 580 • F > 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 sh71 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 ouerall operation of the '~ intersection. In other words, an intersection with 1,000 cars moving through it would still operate well if the movement experiencing the long or unacceptable delay carries just a few cars. Delay is derived from analyzing the ratio 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 F when "*" appears, this is not always true. r Aspen Club and Spa ~. g2111beport.doc 17-Sep-07 TDA, Inc. 21 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 relayed 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 pmvailing roadway and prevailing traffic conditions. CBD Central Business District. y 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 cwpanty for most days of the year with recognition that it may be exceeded on five ro 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 hequency of buses on a particular bus route. -~ HOV High-Occupancy Vehicle. Level of Service (LOS) A measure of intersection or roadway operating quality ranging from LOS A ,~ (minimal delay) to LOS F (long delay). ., Mode Split The percentage of persons in a group which choose to travel by one of a variety of different modal choices such as auto, pedestrian, transit, and others. ,,,, Parking Generation The number of parking spaces occupied by one unit of measure (e.g., per employee, per apartment) sometimes calculated as parking generation rate in ITE's Parking Generation Manual. '~ Pass-By Trips In the case of a new development, particularly retail establishments; certain ., restaurants, banks, service stations, and convenience markets, trips are attracted from the passing traffic on adjacent streets -that is, traffic already "passing by" the site. Thus, when forecasted hips +~ based on standard trip generation rates or equations are distributed, some reduction is made ro account for those trips. .~ Peak Hour The hour of the day during which the heaviest volume of traffic occurs on a roadway. Often there is an a.m. and p.m. peak hour. Practical Capacity Parking Facilities are rarely completely full due ro turnover and the difficulty m finding the few remaining open spaces. For example, 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%. Aspen Club and Spa 17-Sep-07 ,,, #2111treport.doc TDA,Inc. 22 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 to implement shazed pazking is the result of two conditions: variation in the peak accumulation of parked vehicles as the result of different activity pattern of adjacent or nearby land 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 auto trip to a given area or development. w 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 TDM -Transportation Demand Management TMA -Transportation Management Association TMO -Transportation Management Ordinance TMP -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 'fhe 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 haffic on roadway links and intersections within the study area. ~, Trip Ends One trip end is equal to one Mp. For Mp generation purposes, total trip ends for a land use over a given period of time are the total of all hips entering plus all trips exiting a site during that "" designated time. Trip Generation The number of Mps generated by a development; sometimes calculated in trry ends, .. as in ITE's Trip Generation Manual. Generally, trips both to and from a development are counted. "' V/C Ratio Volume to capacity ratio between the flow rate of vehicles and/or people to the capacity of W a traffic facility. Italicized terms unthin a definition are separately defined elsewhere in the glossary. '~ Sources: TDA Ine.,1TE, Urban Land Institute, Highway Capacity Manual, FTA, APA. Version: 07/05 Aspen Club and Spa 17-Sep-07 ,, #2111heport.doc TDA, Inc. 23 N y o17/i jtA >r1 Irv EXHIBI/T £;ermepP!?ul e,~:>..gy° a_ Mechanical ~~4teln Pig. : Asf+en c'tuh--k/tit ~Vw~ ~ V Aspen Club Living Conceptual Energy & Mechanical Systems Plan 1300 Ute Avenue Aspen, Colorado i~ Resource Engineering Group, Inc. officlency • wstainaplllty • simplicity Report prepared by: Zack Gustafson August Hasz P.E. Resource Engineering Group, Inc. November 24, 2008 Table of contents Section 1: Executive Summary Section 2: Conceptual System Description Section 3: Historical Data Breakdown Section 4: Energy Savings Plan Section 5: Final Development Energy Use Projections Section 1: Executive The total energy use of the entire 7300 Ute Avenue site after the Aspen Club Living (AFL) development is complete will be equivalent to or less than the site's recent historic energy use. Summary: • Energy bills over the last three yeazs average 18,600 million Btu/yr or 240 kBtu/sf yr for the existing 77,000 sf building. The high energy use per square foot of the existing site presents great opportunities for savings. • New development requires a complete HVAC retrofit for the existing building. Overall energy use for the existing building (including all site snowmel[) must be reduced to 15,900 million Btu/yr or less [o meet the stated goal. The remaining 2,700 million Btu will be allocated to the planned 73,000 sf of additional residen[ialspace. • New development must be designed fur 3R kBtu/sf yr or lower for fractional residential spaces and 34 kBtu/sf yr or lower for affordable housing spaces. • This energy goal is within reach. A 20% reduction in energy use of the existing site would free up enough energy annually to supply all new residential spaces on the site. The strategy for this reduction is addressed in Section 4. Page 1 ~n!:c~~tuai titt~rg:r & Ntecite!=Ef-af S'}~!te!tx;; ~,e~t. r1Gen teiF Section 2: Conceptual System Description Whole site systems: • AGround-Source Heat Pump (GSHP) loop field under patios and the parking structure will provide 100% of peak cooling and approximately 40% of peak heating for the entire site, The loop field will consist of approximately 150 boreholes, 200 ft deep and 15 ft apaz[. • A campus-wide digital controls systems will allow advanced energy savings strategies, remote access and monitoring, and energy use analysis. The systems will also provide data for energy-use feedback to tenants. Aspen Club building: • Water-to-water and water-to-air GSHPs will provide space heating and cooling, pool heating, and domestic hot water (DHW). • A high efficiency condensing-modulating boiler array will provide an auxilliary heat source for peak heating events. • One or two larger air handlers using hot water coils for heating and evaporative media for cooling will replace all of the existing air handlers in the main azea of the existing building. • The lower level spa and massage rooms will be retrofitted with radiant hydronic ceiling panels for heating and Energy Recovery Ventilators (ERVs) for ventilation. • New residential units in the Aspen Club building will have in-floor radiant tubing for heating and fan coil units for cooling. Water-to-water GSHP units connected [o [he central loop field will provide hot and cold water for heating and cooling. Individual GSHPs for each unit will allow for energy use sub-metering. • Solaz thermal collectors were not included in this round of modeling but could provide heat for DHW requirements and offset pool energy use. Affordable housing units: • The new affordable housing units will have in-floor radian[ tubing and water-to- water GSHPs attached to the central loop field for heating. Individual GSHPs per unit will allow sub-me[e~ing of the living units. No cooling will be provided for these units. Town homes: New [own homes will have in-floor radiant tubing for heating and fan coil units for cooling. Water-to-water GSHP units connected to the central loop field will provide hot and cold water for heating and cooling. Individual GSHPs will allow for energy use sub-metering. Page 2 _ _ .._ 1 a;n~'pr:(:'G°!~{3i : di=rqy n! Il~$Gi-vanir,M3 `rVx7t°rtiL< P18n: r.S~eP, e':1Uf3 Section 3: Historical Energy Use Breakdown Sn Tennis br heatir 7% Pool The average annual energy consumption of the site based on utility bills from January 2006, to July 2008 is 18,600 million Btu/yr. We used several methods and sVategies to split total energy consumption into [he following areas: • Space heating and cooling: We created an Energy-10 model (an hourly analysis, w/ Aspen weather data) based on building envelope, occupancy, and observed HVAC operation [o estimate annual usage. • Lighting and plug loads: We used site observations [o estimate lighting at 1.5 watts/sf installed and plug loads at 1.6 watts/sf installed. These peak loads were scheduled in the Energy-10 model based nn occupancy patterns. • DHW: Most of the heated water used on site is used for showers and laundry. We calculated annual DHW energy use from overall water use, Vends in facility use and occupancy, and estimated end-use water temperature. • Pool heating: We created an Energy-10 model based on the existing pool envelope to approximate yearly use. The air-handler is not currently operational and was not modeled. All heating energy is provided by the pool and spa boilers. • Tennis bubble: We created an Energy-10 model to approximate yearly energy use. The model used the approximate dimensions of the bubble, an R-value of 1.7 for the material, a temperature set point of 50°F, and the observed nameplate input and output of the bubble's dedicated air handler (80% efticiency). • snowmelt: We modeled yearly energy use for snowmelt based nn Aspen-Pitkin F,nergy Code calculations. We used the nameplate rating of the snowmelt boiler and assumed 821 hours per year of runtime, 125 btn/h-sf energy use. snowmelt area was modeled at approximately 2500 sf. Page 3 Existing Site Energy Use 18,600 Million Btu/yr M N M Crlr;ret:iu:i7 {.-.`,zC!g'r`..~ lY°s_ch&i1:=ai :ij~ii":[:t5 t•:9an: A3Ku^n Gkttt9 Section 4: Plan Keductions to energy use in the existing Aspen Club will come from azeas using a combination of different methods. Space heating & cooling: Extettng crab space Heating The breakdown of the existing zoooo energy bills shows an average energy use of 7,450 million ,. isDDo Btu/yr of natural gas and 797 ~ million Btu/yr of electricity to m heat and cool the existing o loooo building. This represents 45% of = the total use. Using the heating ~ sooo system described in Section 3, our analysis shows a G8% o reduction in the energy required Total Site Existing Use Reduced Use for space heating resulting in Energy 5,625 million Btu/yr or 30% savings in total energy use for [he existing building. Cooling energy will increase slightly to meet cooling demands of [he existing club. The increase is extremely small due to the use of primarily evaporative cooling. Lighting and plug loads: Existing crab t.ignting and Piug i.oaas Energy use by lights and zoooo T---- equipment totals 3,523 million i _~~' Btu/yr (]033 MWh/yr), or about ~ tsooo ~ ~- ` 19% of total yeazly energy use. ~ I ~ € ~' `" This can be reduced as part of m I ;'-` 1D000 ;- ~~ the renovation using lower i a wattage lighting and control = I strategies that turn off lights and f sooo ~ x-~ ,s equipment when they aze not in ~.3- ~~ ~ use. A 20% reduction in lighting T ' D and plug loads in the existing total 5¢e building results in 713 million Energy B[u/yr, or an additional 4% savin gs in overall energy use. ?All energy uses ...... Savings Lighting & plugs - _ ........7.13..--" 3,523 Zug rExisting Use Reduced Use Page 4 r _ G~~rn: ei:t=:.,~ E~,i~,-ear}r ~: P~P~ctiarfe.^€ 4.ysFe~n?. ^IaF~ t~ =n ;iuo DFIVy. Existing Ciub Domestic Hot Water The energy spent heating water zoooo for domestic use represents 3,170 million Btu/yr or about ~ ts°oo 18% of the total site energy. The ~ majority of this is for laundry ~ and showers. Using GSHPs, we `o toooo can reduce energy use by 50%, which results in a savings of £ sooo 1,670 million btus/yr or 9% of the overall energy use. Solar o thermal panels were not total site Existing Use Reduced Use modeled, but could provide Energy additional energy savings. This technology would be especially appropriate given the yeaz-round nature of DHW energy use in the club. Pool heating and ventilation: The development plan includes zoooo a major renovation to the pool facility. A new building .. tsooo envelope and air handling system will greatly increase ~ toooo indoor air quality and thermal o comfort in the space, but will ~ result in a small increase in pool sooo energy use. Solar thermal panels were no[ modeled, but could ° provide additional energy savings. Tennis bubble: Discarding the tennis bubble zoooo and its heating system, as planned, represents a 7% i. tsooo savings. The bubble is a fairly simple structure with a ~ toooo straightforwazd heating system o and is easily modeled. Our - model predicts an average ~ sooo energy use of 1,224 million Btu/yr of natural gas and 103 ° million Btu/yr of electricity for total site Existing use Reduced use Energy fans and lighting. This is based on the optimistic 80% nameplate efficiency of the existing heating system, continuous conditioning to 50°N', and a generous K-1.7 insulation value for the skin of the bubble. Existing Club Pool Heating Page 5 Total Slte Existing Use Incresed Use Energy Existing Club Tennis Bubbla ~oncepfuai ~=;s~r;3Y A•. ,s°rhanirat Svs!riszs t=tsn: ~:spen i:izlb Snowmelt: The proposed azea for Snowmelt is 550% greater than the existing azea, increasing [he energy used. We estimated the increased use with calculations based on the Aspen-Pitkin Energy Code and historic snowfall data for the Aspen area. zoooo Exlsting Club Snowmelt . isooo - ...... > - -°t All ener9Y uses ii ®Snowmelt ~1n000~~ ..........__.....__ _........ 0 E 5000 a Total Site ExisBng Use Increased Use Energy Energy Savings Plan Srunmary: The above savings measures in addition to increased energy use for pool heating and Snowmelt, yield a total energy savings of 6,370 million Btu/yr or 34% over recent historic energy use. This represents enough energy to supply the planned new development as well as a cushion to absorb small changes in construction design, and allow for vaziability in energy use patterns of club guests and residential tenants. Projected Site Energy Use 18,600 Million Btu/yr pace heating & cooling 14% M ~" Snowmelt 18% Tenr h, w.,, ,y 0% Lighting & Plugs 15% Page 6 Pool Heating 10% U tSZt ;.+F~t e_.r)i iy tg Y?t~:, ia+^+i .a ::,,.'= 2 . Pir;+t 4-t:4n C;it<' Section 5: Final Use Affordable housing 2% Townhomes 8% Qub resldenN~ units 3% The energy use of the affordable housing, town homes, and club residential units shown in [he graph above aze based on Energy-]0 models developed from planned construction design. System design was modeled as outlined in Section 2. The town homes as modeled will require 39 kBtu/sf/yr. The club units will require 37 kBtu/sf/yr, and the affordable housing units will require 34 kB[u/sf/yr. These numbers will vary somewhat based on final construction details, lighting design, and occupant use patterns. Conclusion: Our analysis shows that the goal of adding 73,000 square feet of residential space while using the same or less annual site energy is achievable. We believe these results are conservative. Detailed calculations and modeling results aze available for review upon request. The 21°J° overall savings shown above represents the cushion to absorb differences between planned energy use and the actual future energy use of the site. Page 7 New Energy Use 18,600 Mllllon Btu/yr or less 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 Iocational characteristics, it would be of great public benefit to the City for that land to be allowed design flexibility and to be planned and developed comprehensively as a multiple use development. A parcel of land designated Specially Planned Area (SPA) shall also be designated on the City's Official Zone District Map with the underlying zone district designation which is determined the most appropriate. The underlying zone district designation shall be used as a guide, but not an absolute limitation, to the uses and development which may be considered during the development review process. Staff Findinn: 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 erect public benefit to the Citv for that land to be allowed design flexibility and to be planned and developed comprehensively as a multiple use development". Staff believes that the SPA designation would create a public benefit. It will allow multi-family affordable housing to be developed on the parcel, which is not currently a permitted use in the underlying zone district. This will enable the Club to house some of its employees that currently commute into Aspen, reducing impacts on the transportation system and the entrance to Aspen. Further, the timeshare development will provide for the Club, which the applicant has committed to reinvest in the Club building, thereby enabling to Club to continue to provide a home for many of the Valley's non-profits, upgrade the Club, and adding new specialized programming to be made available to the public. Staff finds this criterion to be met. Sec. 26.440.050. Review standards for development in a Specially Planned Area (SPA). A. General. In the review of a development application for a conceptual development plan and a final development plan, the Planning and Zoning Commission and City Council shall consider the following: L 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. Staff Finding: The uses in the area are quite mixed, with commercial, single-family free market residential, multi-family affordable housing, and non-profit uses all on the adjacent properties. Along Ute Avenue, there are short term accommodations (The Gant) as well as a variety of residential uses. Both single-family residential and multi-family residential are located across the river. In terms of architecture, the applicant has stated that the proposed mass, scale, and materials are intended to convey a residential scale that is representative of the different buildings and uses in Exhibit A -SPA Review Criteria Page I of 8 the area, while also being true to the Club's use. The applicant has done this by making the "townhome" units residential in character (a mix of pitched and flat roofs, a material palate of stone and wood that is similar to residential uses in the area, modulation typical of residential townhomes) and changing the existing blank facade 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. 'T'here 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. The elimination or relocation of units 5 and 6 on the lower bench will help create the open space staff finds is needed in this proposal. The current landscape plan includes a great deal of paving, and seems rather formal. Given the site's context, staff believes less formal landscaping and less paving is needed. Staff finds that the proposed use mix will fit in with and is consistent with the 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 sufficient public facilities and roads exist to service the proposed development. Staff Findinn: Sufficient public facilities and roads exist to serve the proposed development. The traffic engineering report provided in the application indicates that the proposed development will not significantly alter the current service levels on Ute Avenue, or at the intersections between the Aspen Club and Cooper Avenue. 1'he 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 Findinr: The Applicant has located all development outside the Roaring Fork River's mapped 100-year floodplain. No other natural hazards are believed to affect the lot. The applicant conducted an avalanche study as part of the final application, which found the affordable housing units are in the "blue zone." According to the study, "blue zone" avalanches have a return period of 30 to 100 years, or a 1% to 3% probability annually. The applicant and Engineering Department have agreed to have the mudflow risk evaluated by the Colorado Geologic Survey. Staff finds this criterion to be met at this time. 4. Whether the proposed development creatively employs land planning techniques to preserve 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 Finding: The proposal replaces existing tennis courts with lodging units, adds lodging units to the existing building, and adds affordable housing units to anunder-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 Avenue 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. F,xhibit A -SPA Review Criteria Page 3 of 8 Overall, Staff finds this criterion is not met. 5. Whether the proposed development is in compliance with the Aspen Area Comprehensive Plan. Staff Finding: Staff believes that a number of the goals in the Aspen Area Community Plan are met, but has some concerns relating to other aspects of the AACP. The Application meets a number of AACP goals related to affordable housing, economic Sustainability, and arts and culture, and has made changes since Conceptual Review to meet goals related to transportation. The Applicant has also made changes to the site plan, which Staff believes brings the project closer to meeting the goals related to community character & design, and open space & environment. Overall, Staff finds this review criterion to be met. 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. The Housing section of the AACP states the intent of affordable housing is to "create an affordable housing environment that is appropriately scaled and distributed throughout existing and new neighborhoods..." (Intent, pg 25). This development proposal mixes free-market commercial and free-market lodging with affordable housing. The affordable housing is scaled to relate to the adjacent Club building and other surrounding buildings. This section also states that, "Our housing policy should bolster our economic and social diversity, reinforce variety, and enhance our sense of community by integrating affordable housing into the fabric of our town. A healthy social balance includes all income ranges and types of people. Each project should endeavor to further that mix and to avoid segregation of economic and social classes by project." (Philosophy, pg 25). This proposal would provide 12 new affordable housing rental units for Aspen Club Employees. A mix of category 2, 3, and 4 units are proposed, which will ensure the housing is accessible to a wide range of income levels. Managing Growth: The AACP Managing Growth Chapter lists one of the main goals of managing growth as "foster a well-balanced community through integrated design that promotes economic diversity, transit and pedestrian friendly lifestyles, and the mixing of people from different backgrounds." (Goal E, pg 19). The proposal will promote a mix of backgrounds through the Club use as well as the affordable housing residents and lodge visitors that will be on site. Additionally, a detailed transportation plan is proposed that promotes pedestrian access to the site and the use of alternative modes of transportation. Economic Sustainability' Further, the Economic Sustainability section of the AACP recognizes that "local ownership of business helps maintain our community's unusual character, tends to return more money to the local economy, and provides additional opportunities for upward mobility of people" and that "the community and its governments should support local ownership as well as externally-owned businesses that are locally-serving and locally-involved" (Philosophy, pg 31). The Aspen Club Exhibit A -SPA Review Criteria Page 4 of 8 is owned by a variety of locals and non-locals, but it is a locally operated business. The stated goal of this proposal is to provide a new health and wellness opportunity for residents and visitors, and to use the money raised through the timeshare sales to subsidize programs for locals. The Club currently provides services and events that are designed for locals, including the "Tuesdays with Michael" program that highlights a local non-profit and their activities every week in the summer, as well as periodic health lectures. Staff believes that the concept of this application is a good one, and will go a long way toward furthering the goals outlined Aspen Area Community Plan. The Economic Sustainability section also states that it is important to "encourage resource efficiency, environmental responsibility, and cultural and community sensitivity in local organizations and in construction" (Policies, pg 32). The applicant used the new LEED for Neighborhood standards in developing the proposal. This requires that development be done using environmentally friendly techniques. To that end, the applicant is investigating ways to minimize construction impacts, utilizing alternative renewable energies and various energy efficient materials. The applicant has committed to no net new energy use as a result of this project. Arts, Culture, & Education: The AACP states that "...arts, culture, and education are acknowledged as essential to Aspen's thriving year-round economy, its vibrant international profile, and its future as a unique place to live, work, and learn" (Philosophy. Pg 45). The Aspen Club currently works to promote the Arts, Culture, and Education of the Aspen Area by supporting local non-profits through provision of office space and financial support, and by facilitating educational and wellness programs for Club members and community members at large. The applicant has pledged to continue this commitment if the application is approved. Parks, Open Space, & Environment: The Parks, Open Space, & Environment section of the AACP discusses the need to "preserve, enhance and restore the natural beauty of the environment of the Aspen Area" (Intent, pg 34). Staff believes the changes made to the application during conceptual review help the proposal move in the direction of enhancing the riparian area on the site, and bringing the riparian area into the site, however staff believes the current mass detracts from the natural beauty of the area. The removal or relocation of units 5 and 6 would further help the development meet this section of the AACP. This section also states that "All Developments should be in accordance with the Wildlife and Biodiversity map and the Parks, Open Space, and the Environment map to protect sensitive habitat 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. Design Quality: The Design Quality section of the AACP asks that development "retain and encourage an eclectic mix of design styles to maintain and enhance the special character of our community." The section also states that "we favor diversity tempered by context, sometimes historical, Exhibit A -SPA Review Criteria Page 5 of 8 sometimes not, as opposed to arbitrariness. `Context' refers first to region, then town, neighborhood, and finally the natural and man made features joining a particular development site. Decisions regarding scale, massing, form, materials, texture, and color must be first measured by context. Contextual appropriateness transcends `style' alone" (Philosophy, pg 42). Staff believes the ideas put forward in the Application for a health and wellness facility are good goals, and that the site plan changes at Conceptual have moved the proposal in the direction of combining this goal with the proposed architecture. Further, Staff finds that the changes help ensure the development will "enhance the special character of our community." The Aspen Club site is unique, and this Application proposes a unique addition to the Club. Staff believes the changes to the site plan begin to reflect these opportunities. In terms of uses, the project does a good job of relating to the immediate context which is comprised of a variety of uses. In terms of massing, staff is concerned that there is too much mass on the site given its context of being on the urban/rural fringe. The elimination or relocation of units 5 and 6 would help better meet the Design Quality section of the AACP. Transportation: The AACP has a number of goals and policies related to Transportation, including a policy that new growth should be structured "on compact, mixed-use patterns that enable and support travel by foot, bicycle, and public transportation for all types of trips" (Policies, pg 22). Additionally, the Transportation Chapter includes goals to maintain and improve "the appeal of bicycling and walking...by adding sidewalk connections, replacing sidewalks, and requiring sidewalks as part of development approvals, where appropriate..." (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. 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. 6. Whether the proposed development will require the expenditure of excessive public funds to provide public facilities for the parcel or the surrounding neighborhood. Staf(Findine: The application states that all costs associated with public infrastructure improvements will be borne by the Applicant. This includes the realignment of a sewer line. The Applicant's new traffic study indicates that Ute Avenue can accommodate the proposal's traffic generation. In addition, the applicant has created a comprehensive 'fDM plan to encourage alternative modes of transportation for club users, club employees, affordable housing resident, and timeshare owners. Exhibit A -SPA Review Criteria Page 6 of 8 A safety plan, which includes speed tables and humps, for Ute Ave has also been proposed to ensure the road is safer for pedestrians. The applicant has committed to zero growth in traffic as a result of this project. The applicant has hired consultants to assess the existing water flows to determine if adequate flows exist for fire safety, and the preliminary report indicates there are adequate flows. The applicant is working with the City Water and Fire Departments to confirm this. The applicant is also working with the Engineering Department to ensure adequate drainage exists on the site. While no net new truck delivery traffic is anticipated as part of this project, it was found after Conceptual approval that the existing cul-de-sac does not have adequate pavement to meet city 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. H. Whether there are sufficient GMQS allotments for the proposed development. Staff Finding: The Applicant has requested the necessary Affordable Housing and Lodge Growth Management Allotments. The proposal will decrease the amount of commercial space on site, so growth management allotments are not required. The applicant needs 12 affordable housing allotments and 124 lodge pillow allotments. In a single growth management yeaz 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-yeaz allotments. Staff finds this criterion to be met. B. Variations permitted. The final development plan shall comply with the requirements of the underlying zone district; provided, however, that variations from those requirements may be allowed based on the standards of this Section. Variations may be allowed for the following requirements: open space, minimum distance between buildings, maximum height, minimum front yard, minimum rear yard, minimum side yard, minimum lot width, minimum lot area, trash access area, internal floor area ratio, number of off-street parking spaces and uses and design standazds of Chapter 26.410 for streets and related improvements. Any variations allowed shall be specified in the SPA agreement and shown on the final development plan. Exhibit A -SPA Review Criteria Page 7 of 8 Staff Finding: There are no requests to vary the dimensional requirements as part of the SPA. These requests are made under the PUD request. Staff finds these criteria to not be applicable. Exhibit A -SPA Review Criteria Page 8 of 8 EXHIBIT B Chapter 26.445, PLANNED UNIT DEVELOPMENT Sec. 26.445.050. Review Criteria conceptual, 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. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. Staff Findine: Staff believes that a number of the goals in the Aspen Area Community Plan are met, but has some concerns relating to other aspects of the AACP. The Application meets a number of AACP goals related to affordable housing, economic sustainability, and arts and culture, and has made changes since Conceptual Review to meet goals related to transportation. The Applicant has also made changes to the site plan, which Staff believes brings the project closer to meeting the goals related to community character & design, and open space & environment. Overall, Staff finds this review criterion to be met. Housing: The Applicant is providing 145% of the required Affordable Housing, which is an important step in helping the community meet the Affordable Housing goals outlined in the AACP. The Housing section of the AACP states the intent of affordable housing is to "create an affordable housing environment that is appropriately scaled and distributed throughout existing and new neighborhoods..." (Intent, pg 25). This development proposal mixes free-market commercial and free-market lodging with affordable housing. The affordable housing is scaled to relate to the adjacent Club building and other surrounding buildings. This section also states that, "Our housing policy should bolster our economic and social diversity, reinforce variety, and enhance our sense of community by integrating affordable housing into the fabric of our town. A healthy social balance includes all income ranges and types of people. Each project should endeavor to further that mix and to avoid segregation of economic and social classes by project." (Philosophy, pg 25). This proposal would provide 12 new affordable housing rental units for Aspen Club Employees. A mix of category 2, 3, and 4 units are proposed, which will ensure the housing is accessible to a wide range of income levels. Managua. Growth: The AACP Managing Growth Chapter lists one of the main goals of managing growth as "foster a well-balanced community through integrated design that promotes economic diversity, transit and pedestrian friendly lifestyles, and the mixing of people from different backgrounds." (Goal E, pg 19). The proposal will promote a mix of backgrounds through the Club use as well as the Exhibit B -PUD Review Criteria Page I of 18 affordable housing residents and lodge visitors that will be on site. Additionally, a detailed transportation plan is proposed that promotes pedestrian access to the site and the use of alternative modes of transportation. Economic Sustainability: Further, the Economic Sustainability section of the AACP recognizes that "local ownership of business helps maintain our community's unusual character, tends to return more money to the local economy, and provides additional opportunities for upward mobility of people" and that "the community and its governments should support local ownership as well as externally-owned businesses that are locally-serving and locally-involved" (Philosophy, pg 31). The Aspen Club is owned by a variety of locals and non-locals, but it is a locally operated business. The stated goal of this proposal is to provide a new health and wellness opportunity for residents and visitors, and to use the money raised through the timeshare sales to subsidize programs for locals. The Club currently provides services and events that are designed for locals, including the "Tuesdays with Michael" program that highlights a local non-profit and their activities every week in the summer, as well as periodic health lectures. Staff believes that the concept of this application is a good one, and will go a long way toward furthering the goals outlined Aspen Area Community Plan. The Economic Sustainability section also states that it is important to "encourage resource efficiency, environmental responsibility, and cultural and community sensitivity in local organizations and in construction" (Policies, pg 32). The applicant used the new LEED for Neighborhood standards in developing the proposal. This requires that development be done using environmentally friendly techniques. To that end, the applicant is investigating ways to minimize construction impacts, utilizing alternative renewable energies and various energy efficient materials. The applicant has committed to no net new energy use as a result of this project. Arts, Culture, & Education: The AACP states that "...arts, culture, and education are acknowledged as essential to Aspen's thriving year-round economy, its vibrant international profile, and its future as a unique place to live, work, and learn" (Philosophy. Pg 45). The Aspen Club currently works to promote the Arts, Culture, and Education of the Aspen Area by supporting local non-profits through provision of office space and financial support, and by facilitating educational and wellness programs for Club members and community members at large. The applicant has pledged to continue this commitment if the application is approved. Parks, Open Space, & F,nvironment: 7'he 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. Exhibit B - PUD Review Criteria Page 2 of 18 This section also states that "All Developments should be in accordance with the Wildlife and Biodiversity map and the 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 mazgin setback and the applicant has worked with the Parks Department to ensure that construction methods will not negatively impact the riparian azea. Design Quality: The Design Quality section of the AACP asks that development "retain and encourage an eclectic mix of design styles to maintain and enhance the special character of our community." The section also states that "we favor diversity tempered by context, sometimes historical, sometimes not, as opposed to arbitrariness. `Context' refers first to region, then town, neighborhood, and finally the natural and man made features joining a particular development site. Decisions regarding scale, massing, form, materials, texture, and color must be first measured by context. Contextual appropriateness transcends `style' alone" (Philosophy, pg 42). Staff believes the ideas put forward in the Application for a health and wellness facility are good goals, and that the site plan changes at Conceptual have moved the proposal in the direction of combining this goal with the proposed architecture. Further, Staff finds that the changes help ensure the development will "enhance the special character of our community." The Aspen Club site is unique, and this Application proposes a unique addition to the Club. Staff believes the changes to the site plan begin to reflect these opportunities. In terms of uses, the project does a good job of relating to the immediate context which is comprised of a vaziety of uses. In terms of massing, staff is concerned that there is too much mass on the site given its context of being on the urban/rural fringe. The elimination or relocation of units 5 and 6 would help better meet the Design Quality section of the AACP. Transportation: The AACP has a number of goals and policies related to Transportation, including a policy that new growth should be structured "on compact, mixed-use patterns that enable and support travel by foot, bicycle, and public transportation for all types of trips" (Policies, pg 22). Additionally, the Transportation Chapter includes goals to maintain and improve "the appeal of bicycling and walking...by adding sidewalk connections, replacing sidewalks, and requiring sidewalks as part of development approvals, where appropriate..." (Goal C, pg 22) and "the appeal of carpool or vanpooling for a wide variety of trip types" (Goal D, pg 22). The Transportation Chapter also includes a policy to "require all employment, school, social, recreation or other activities that generate demand for travel to mitigate traffic impacts through support of alternative transportation modes in proportion to trips generated." (Policies, pg 22) 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. Exhibit B - PUD Review Criteria Page 3 of 18 requirements, all front yard setbacks aze the south side of the lots, all the rear yard setbacks aze on the north side of the lots, and all the side yazd setbacks aze the east and west sides of the lots. RR Underlying Dimensional Proposed Dimensional Requirements Dimensional Requirements Zone District Requirement for subdivided lots based on fathering parcel Dimensional Re uirements Lot 1: 124,661 sq. ft. Lot 2: N/A Total Lot Area: 4.941 acres, Minimum Lot Lot 3: 10,812 sq. ft. or 215,232 sq. ft. 2.0 acres Size Lot Area afrer Slope Lot 4: 26,110 sq. ft. Lot 5: 9,355 s . fr. Reduction: 171,047 sq. fr. Minimum Lot Multi-Family: Area per N/A N/A N/A dwellin unit Lod e: N/A Lot 1: 277 Feet Lot 2: N/A Minimum Lot Lot 3: 135 Feet 352 Feet 200 Feet Width Lot 4: 266 Feet Lot 5: 95 Feet I,ot 1: 30 feet above grade, 5 feet below grade Minimum Lot 2: N/A 7.5 Feet for Affordable Front Yard Lot 3: 10 feet Housing Units 30 Feet Setback Lot 4: 0 feet Lot 5: 7.5 Feet Lot 1: 0 feet above and below grade Minimum Side Lot 2: N/A 5 Feet on east side for Yard Setback Lot 3: 10 feet Affordable Housing Units. 20 Feet (East Side) Lot 4: 20 feet Lot 5: 5 feet Lot 1: 60 feet above grade for building, 20 feet above grade for 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 I : 100 feet (15 feet from Top of Slope) Minimum Rear Lot 2: N/A 100 Feet 20 Feet Yard Setback Lot 3: 10 feet Lot 4: 10 feet Lot 5: 10 feet _ Maximum _ Townhouse Units (Lots 3 & 4) Affordable Housing Unit 28 Feet Height Pitched Roofs (Units 1, 7, 14): 28 feet 11, Northwest Corner: 32 Exhibit B - PUD Review Criteria Page 5 of 18 ~ Underlying Dimensional Proposed Dimensional Requirements Dimensional Requirements Zone District Requirement for subdivided lots based on fathering parcel Dimensional Re uireroents Flat Roofs (Units 2-5, 8-13): 28 feet feet Club Units (Lot 2): 28 feet Affordable Housing Unit Affordable Housing Units (Lot 5): 28 12, Northwest Corner: 41 feet with the following exceptions: feet Unit 11, Northwest Corner: 32 feet Affordable Housing Unit Unit 12, Northwest Corner: 41 feet 12, Southwest Corner: Unit 12, Southwest Corner: 31.25 feet 31.25 feet Aspen Club Building (Lot 1): 28 feet Minimum % N/A N/A N/A O en S ace Total FAR:.55:1 Total FAR:.55:1 Total: 94,750 sq. fr. Single-family: Total: 94,750 sq. fr. Multi-family (affordable Same as R-15 Multi-family (affordable housing units): housing units): 12,390 sq. ft. Zone district Allowable 12 390 sq. fr. Lodge: 50,490 sq. fr. Multi-family: Floor Area Lodge: 50,490 sq. ft. (Townhouse Units: (Townhouse Units: 34,410 N/A 34,410 sq. fr.; Club Units: 16,080 sq. ft.) sq. fr.; Club Units: 16,080 sq. Lodge: N/A Commercial (Club): 31,870 sq. ft. fr Commercial (Club): 31,870 Commercial: N/A - - -sq• ft. ---- Lodge:.5 spaces per key (20 132 spaces total: 132 spaces total: spaces) Lodge: 20 spaces Lodge: 20 spaces Club and Spa: 1 Minimum Off- Aspen Club and Spa: 95 spaces (60 Aspen Club and Spa: 95 space per 1000 Street Parking spaces on Lot 1; 35 spaces on Lots 14A spaces (60 spaces on Lot 1; sq. fr. of net & 14W) 35 spaces on Lots 14A & leasable (43 AH units: 17 spaces 14W) spaces) AH units: 17 spaces AH units: 1 space per unit (12 spaces) 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a. The character of, and compatibility with, existing and expected future land uses in the surrounding area. Staff Findins: The uses in the area are quite mixed, with commercial, single-family free market residential, multi-family affordable housing, and non-profit uses all on the adjacent properties. Along Ute Avenue, there are short term accommodations as well as a Exhibit B -- PUD Review Criteria Page 6 of I S variety of residential uses. 1'he proposed uses are consistent with the use mix on the adjacent pazcels as well as the overall use context of Ute Ave. Overall, the height of the proposal is consistent with the underlying zoning. The three exceptions are to accommodate the affordable housing units. The affordable housing units are located in a portion of the upper bench of the site that is lower than the surrounding areas: It is lower than the existing club structure, the adjacent Silverlining Ranch, and lower than the Ute Avenue right of way. Staff believes the proposed heights will fit in the context of the development and neighborhood because the ground elevation is much lower than the surrounding ground elevations. Staff finds this criterion to be met. b. Natural or man-made hazards. Staff Finding: The Applicant has located all development outside the Roazing Fork River's mapped 100-year floodplain. No other natural hazards are believed to affect the lot. The applicant conducted an avalanche study as part of the final application, which found the affordable housing units are in the "blue zone." According to the study, "blue zone" avalanches have a return period of 30 to 100 yeazs, 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 [andforms. Staf(Finding: Most of the development proposed is within areas of the site that have already been impacted by development. The riparian area is being maintained through the fifreen (15) foot top of slope setback required by the Stream Margin portion of the Land Use Code. No development, including excavation, is permitted in this setback area. 7'he applicant has worked with the Parks Department on the relocation of the existing walkway that connects the Aspen Club Trail and the parking across the river to the club. Staff finds this criterion to be met. d. Existing and proposed man-made characteristics of the property and the surrounding area such as noise, trafftc, transit, pedestrian circulation, parking, and historical resources. Staff Finding: The proposed TDM tools will assist in lowering the expected traffic impacts on Ute Ave as a result of this development. These tools include the use of carpooling and incentives for employees to use alternative modes of transportation, participation in the CarShare program, the availability of bikes for use by affordable housing residents and timeshare users, and coordinated shuttle service for visitors. Exhibit B - PUD Review Criteria Page 7 of 18 Additionally, the applicant is installing a sidewalk along Ute Ave to create a more pedestrian friendly environment. The applicant has also committed to zero growth in traffic as a result of this project. Staff finds this criterion to be met. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding: No open space is currently proposed on-site. Staff recommends the Applicant look at ways to consolidate the paths that are used to access the individual timeshare units to help create more opportunities for open space. Further, Staff believes the elimination of units 5 and 6 will help created needed visual relief from the massing and will create better quality open space. Staff finds this criterion is not met. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a. The probable number of cars used by those using the proposed development including any non-residential 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 faci/ides, 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 care 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 aze 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 gazage to help reduce the amount of surface parking. The water table is located in such a way that additional subgrade parking cannot be accommodated on this site. The 20 timeshare and 12 of the affordable housing spaces will be located in the subgrade garage. Employees of the Club will continue to use Lots 14A and 14W (located across the river) for their parking, which will make more onsite parking available for club users. In addition, the applicant has created a detailed TDM plan that employs a number of alternative transportation modes in an effort to reduce the project's dependence on the car Exhibit B -PUD Review Criteria Page 8 of 18 and need for parking. No parking is permitted along Ute Ave. Staff finds these criteria to be met. 4. The maximum allowable density within a PDD may be reduced if there exists insuffrcient infrastructure capabilities. Specifically, the maximum density of a PDD 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. Sta!lFinding: Adequate public facilities exist and will be upgraded at the owner's expense. This includes the realignment of a sewer line. The Applicant's new traffic study indicates that Ute Avenue can accommodate the proposal's traffic generation. In addition, the applicant has created a comprehensive TDM plan to encourage alternative modes of transportation for club users, club employees, affordable housing resident, and timeshare owners. A safety plan, which includes speed tables and humps, for Ute Ave has also been proposed to ensure the road is safer for pedestrians. The applicant has committed to zero growth in traffic as a result of this project. The applicant has hired consultants to assess the existing water flows to determine if adequate flows exist for fire safety and the preliminary report indicates there are adequate flows. The applicant is working with the City Water and Fire Departments to confirm this. The applicant is also working with the Engineering Department to ensure adequate drainage exists on the site. Staff finds this criterion to be met at this time. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if.• a. The land is not suitable for the proposed development because of ground instability or the possibility of mudflow, rock falls or avalanche dangers. b. The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion and consequent water pollution. c. The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d. The design and location of any proposed structure, road, driveway or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. Staff Finding: Staff does not find any significant natural hazards on the site that would necessitate a density reduction. For the most part, the proposed development is located in areas of the site that currently contain development. Based on the information provided in the application, Staff does not believe the proposal will involve a pernicious impact on the site's natural watershed. The applicant is working with engineering to ensure drainage Exhibit B -PUD Review Criteria Page 9 of 18 into the watershed and Roaring Fork River is properly treated. Staff finds this criterion to be met at this time. 6. The maximum allowable density within a PUD may be increased if there exists a 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 complimentary to, the surrounding ezisding 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 final PUD Development Plan. b. The approved dimensional requirements for all lots within the PUD are required to be reflected in the final PUD development plans. Staff Finding: There are no set density requirements for the Rural Residential (RR) zone district, so density is established by the PUD. Staff believes that the density on site is appropriate in terms of creating a critical mass for club services. Staff does have concerns related to the massing of the site, and would like to see units 5 and 6 removed, or at the very least relocated to another area of the site (say create additional club units). Staff finds this criterion to be met. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's 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 or enhanced in an appropriate manner. Staff Finding: "The site has a great asset in the Roaring Fork River, which crosses the site. The Applicant will abide by all requirements for stream margin review, which will help preserve the riparian area. There is an existing path that crosses the stream margin azea, 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 significant open spaces and vistas. Staff 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 staffs concerns. At this time, staff finds this criterion is not met. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. Staff Finding: The timeshare units are not located along Ute Avenue because most of the street frontage is already used to accommodate the existing Club. The proposed affordable housing units are located adjacent to the street, and Staff believes these will contribute to the street character and neighborhood context. Additionally, the Club Units will help create a more pedestrian friendly environment by providing fenestration and interest to the exiting blank wall that exists as you enter the property from Ute Ave. The Applicant has agreed to provide an easement along the Ute Ave portion of the site to accommodate the eventual continuation of the Ute Ave trail. Additionally, a new bus stop/pull out and shelter are proposed to better accommodate the Cross Town Shuttle. Most of these improvements are located in the public right of way, but easements are provided on the Subdivision Plat to accommodate the portions on site. While the landscaping plan outlines paths throughout the site, Staff believes a simplified plan is more appropriate in this context. This site is uniquely located in an area that is on the Urban/Rural fringe and adjacent to the Roaring Fork River. As such, there is an opportunity to provide unique structures that reflect the diverse settings. While there are multi-family and single-family homes in the area, Staff believes the mission of this development (wellness and personal growth) and iYs unique location enable the design to be reflective of the surrounding residences while providing a different take on the design that reflects the Club's mission. Provision of more open areas on the site and the elimination of some of the mass would help the overall design better relate to the rural context. The elimination of units 5 and 6 would help alleviate staff's concerns. At this time, staff finds this criterion is not met. Exhibit B-PUD Review Criteria Page 11 of 18 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. Staff Finding: The City of Aspen Fire Marshal has reviewed the proposal, and has found it to be in compliance with all applicable life safety requirements. The Fire Marshall requested a staircase be added to the western side of the site to connect the upper and lower bench. This was added during the Conceptual review and resulted in the elimination of one parking space (the total # of parking spaces decreased from 133 at conceptual to 132 at final). The existing surface parking azea accommodates fire truck turn 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. This was done to reduce the amount of impervious surface on the site. Further, all structures will be required to include fire sprinkler systems, and fire alarm systems. The applicant will be required to ensure adequate fire access exists in the subgrade garage. Staff finds this criterion to be met. 5. Adequate pedestrian and handicapped access is provided. 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 aze ADA Accessible, and a number of the other units include ADA bathrooms. As mentioned above, the Club will dedicate an easement for the future completion of the Ute Avenue trail. Staff finds this criterion to be met. 6. Site drainage is accommodaded 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 similaz footprint to the existing tennis courts, so an expansion of the impervious surface will be minimal. The Applicant will be required to pay the applicable Storm Water Fee assessed by the Engineering Department. If areas are re-paved as part of the redevelopment, Staff recommends that the re-paving utilize pervious paving materials. The applicant is working with the Engineering Department to ensure runoff is properly treated. Staff finds this criterion to be met. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Staff Finding: There is a significant grade difference between the proposed timeshare units near the river and the existing Club. The units that are located at the same grade as the Club do provide sufficient spacing. Staff would like to the elimination of units 5 and 6, which would increase Exhibit B - PUD Review Criteria Page 12 of 18 the amount of space available for outdoor programming elements. Staff finds this criterion is not met at this time. D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and .variety of ornamental plant species suitable for the Aspen area climate. Staff Finding: The Applicant has provided a landscaping plan with a number of new plantings proposed. This has been reviewed by the Parks Department, who is working with the applicant to ensure proper native plants are used. Staff finds this criterion to be met. 2. 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: The Parks Department has requested a condition of approval to limit the construction of the trail through the riparian area to hand tools. This condition has been included. No development is proposed in the protected riparian area. Staff finds this criterion to be met. .3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding: The Applicant has provided a landscaping plan with a number of new plantings proposed. This has been reviewed by the Parks Department, who is working with the applicant to ensure proper native plants are used. In terms of landscaping, staff finds that additional refinement is needed for [he 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. ]. Be compatible with or enhance the visual character of the City, appropriately relate to existing and proposed architecture of the property, represent a character suitable for and indicative of the intended use and respect the scale and massing of nearby historical and cultural resources. Staff Findine: The Aspen Club site is unique, and this Application proposes a unique addition to the Club through the new health and wellness program. Staff believes the architecture should reflect these opportunities. In terms of architecture, the applicant has stated that the proposed mass, scale, and materials are intended to convey a residential scale that is representative of the different buildings and uses in the area, while also being true to the Club's use. The applicant has done this by making the "townhome" units residential in character (a mix of pitched and flat roofs, materials palate of stone and wood that is similar to residential uses in the area, modulation typical of residential townhomes) and changing the existing blank 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. The applicant has proposed a water feature as part of the landscaping plan. This water feature is located in the middle of the site and runs from the lower bench to the upper bench. There are paths that run through the site to connect the timeshare units to the Club and the parking areas. In addition, the applicant is providing a permanent trail easement for the Aspen Club Trail that currently exists on site. The applicant worked with planning staff and the fire department to come up with a way to provide adequate fire access without creating additional paved areas. The solution is the installation of grass pavers in portions of the upper bench area. The elimination or relocation of units 5 and 6 would help alleviate staff's concerns. At this time, staff finds this criterion is not met. 1. Incorporate, to the extent practica/, 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 Findins: The site plan utilizes the north/south exposure on the lot, and is participating in the new LEED for Neighborhoods program. The applicant is also planning use of renewable energy, Exhibit B -PUD Review Criteria Page 14 of 18 including a Growth Source Heat Pump loop for heating and cooling, as outlined in their Conceptual Energy & Mechanical Systems Plan. Staff finds this criterion is met. 3. Accommodate the storage and shedding of snow, ice and water in a safe and appropriate manner that does not require significant maintenance. Stall Finding: The Applicant has included a detailed snow removal and storage plan as part of the final application. This plan includes snow melt systems and onsite storage of snow. In addition, the pazking and fire access areas will be plowed. Staff finds this criterion to be met. F. Lighting. 1. The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general 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. Stall Finding: The PUD will comply with all lighting regulations in place. No lighting shall be permitted in the stream margin area (fifteen (15) foot setback area from top of slope) or in any area below the top of slope line (toward the river) unless it is in the exact location of the existing lighting and requires no additional disturbance to the stream margin area. Staff finds these criteria to be met. G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in 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 B -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 following: 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cast of the developer. 3. Oversized utilities, public facilities, or sUe improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding: The application states that all costs associated with public infrastructure improvements will be borne by the Applicant. This includes the realignment of a sewer line. The Applicant's new traffic study indicates that Ute Avenue can accommodate the proposal's traffic generation. In addition, the applicant has created a comprehensive TDM plan to encourage alternative modes of transportation for club users, club employees, affordable housing resident, and timeshare owners. A safety plan, which includes speed tables and humps, for Ute Ave has also been proposed to ensure the road is safer for pedestrians. The applicant has committed to zero growth in traffic as a result of this project. The applicant has hired consultants to assess the existing water flows to determine if adequate flows exist for fire safety. The preliminary report indicates there are. The applicant is working with the City Water and Fire Departments to confirm this. The applicant is also working with the Engineering Department to ensure adequate drainage exists on the site. While no net new truck delivery traffic is anticipated as part of this project, it was found afrer Conceptual approval that the existing cul-de-sac does not have adequate pavement to meet city standazds. Some improvements to the existing cul-de-sac pavement will be needed to accommodate truck traffic. The applicant is working with the Engineering Department to determine to what extent the applicant is responsible for the improvements. Staff finds this criterion to be met at this time. I. Access and Circulation. (Only standards 1&2 apply to Minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: Exhibit B -PUD Review Criteria Page 16 of 18 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. Staff Finding: Staff believes that all structures and uses have appropriate access to a public street. The timeshare units, club, and affordable housing units have access from Ute Avenue, while the additional parking on Lot 14A is accessed from Highway 82. There is also pedestrian access available from the Aspen Club Trail located by the river. The trail that provides access from Lot 14A to the club will be formally dedicated for public use as part of this application. Staff finds this criterion to be met. 1. The proposed development, vehicular access points, and parking arrangement do not create trajfic congesdion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. Staff Finding: The Applicant has submitted a Traffic Report that indicates the proposed parking configuration will not adversely impact traffic levels on Ute Avenue or the adjacent Intersections. The applicant has committed to no new traffic as a result of this development. Staff finds this criterion to be met. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to signifccant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. Staff Finding: The proposed development will not result in any changes to the existing Trail easements. The Applicant has also agreed to provide an easement along Ute Avenue to continue the Ute Avenue Trail. In addition a new trial easement will be provided for the trail that connects the river to the Club building. Staff finds this criterion to be met. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. Staff Finding: The Applicant has agreed to provide an easement along Ute Avenue to continue the Ute Avenue Trail. In addition a new trial easement will be provided for the trail that connects the river to the Club building. Staff finds this criterion to be met. 5. Streets in the 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. Exhibit B -PUD Review Criteria Page 17 of 18 Staff Finding: There are no internal streets proposed as part of this PUD. Staff finds this criterion to be met. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. Staff Finding: 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 partla[ly 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. Exhibit B-PUD Review Criteria Page 18 of 18 EXHIBIT C Chapter 26.590, TIMESHARE DEVELOPMENT Sec. 26.590.070. Review standards for timeshare lodge development. An applicant for timeshare lodge development shall demonstrate compliance with each of the following standards, as applicable to the proposed development. These standards are in addition to those standards applicable to the review of the PUD and Subdivision applications. A. Fiscal impact analysis and mitigation. Any applicant proposing to convert an existing lodge to a timeshare lodge development shall be required to demonstrate that the proposed conversion will not have a negative tax consequence for the City. In order to demonstrate the tax consequences of the proposed conversion, the applicant shall prepare a detailed fiscal impact study as part of the final PUD application. The fiscal impact study shall contain at least the following comparisons between the existing lodge operation and the proposed timeshare lodge development: 1. A summary of the sales taxes paid to the City for rental of lodge rooms during the prior flue years of its operation. If the lodge has stopped renting rooms prior to the time of submission of the application, then the summary shall reflect the final five (5) years the lodge was in operation. The summary of past taxes paid shall be compared to a projection of the sales taxes the proposed timeshare lodge development will pay to the City over the first five (5) years of its operation. As part of this projection, the applicant shall specify the number of nights the applicant anticipates each timeshare lodge unit will be available for daily rental to visitors (that is, the annual number of nights when the unit will not be occupied by the owner or the owner's guests), the expected visitor occupancy rate for these units, the expected average daily cost to rent the unit and the resulting amount of sales tax that will be paid to the City. 2. An estimation of the real estate transfer taxes that would be paid to the City if the existing lodge were to be sold. If an actual sale of the property has occurred within the last twelve (12) months, then the real estate taxes paid for that sale shall be used. This estimation shall be compared to a projection of the real estate transfer taxes the proposed timeshare lodge development will pay to the City over the first 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 I of 7 expected value that will be assigned to the property by the Tax Assessor and the applicable tax rate. The fiscal impact study may also contain such other information that the applicant believes is relevant to understanding the tax consequences of the proposed development. For example, the applicant may provide information demonstrating there will be "secondary" or "indirect" tax benefits to the City from the oceupancy of the timeshare units, in terms of increased retail sales and other economic activity in the community as compared to the existing lodge development. The applicant shall be expected to prove definitively why the timeshare units would cause such economic advantages that would not be achieved by a traditional lodge development. Any such additional information provided shall compare the taxes paid during the prior five (5) years of the lodge's operation to the first five (5) years of the proposed timeshare lodge's operation. If the fiscal impact study demonstrates there will be an annual tax loss to the City from the conversion of an existing lodge to a timeshare lodge in any of the specific tax categories (property tax, sales tax, lodging tax, RETT tax), then the applicant shall be required to propose a mitigation program that resolves the problem, to the satisfaction of the City Council. Analysis of the fiscal impact study shall compare existing tax revenues for a lodging property with anticipated tax revenues. The accepted mitigation program shall be documented in the PUD agreement for the project that is entered into between the applicant and the City Council. Staff Findings: The proposal does not include any conversion of an existing lodge into a timeshare loge development. Staff finds this criterion to not be applicable. B. Upgrading of existing projects. Any existing project that is proposed to be converted to a timeshare lodge development shall be physically upgraded and modernized. The extent of the upgrading that is to be accomplished shall be determined as part of the PUD review, considering the condition of the existing facilities, with the intent being to make the development compatible in character with surrounding properties and to extend the useful life of the building. 1. To the extent that it would be practical and reasonable, existing structures shall be brought into compliance with the City's adopted Fire, Health and Building Codes. 2. No sale of any interest in a timeshare lodge development shall be closed until a Certificate of Occupancy has been issued for the upgrading. Sta!lFindings: 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. Au 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 Findinss: 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 FindinQS: While this section requires affordable housing mitigation to be based on the number of lock-off rooms, updates to the land use code require mitigation be based on bedrooms. Section 26.470.050 of the Land Use Code requires projects to provide mitigation equal to 60% of the employees generated. Section 26.470.100.A.1 states that there are .5 FTEs generated per lodging bedroom. This project's twenty (20) units include sixty-two (62) bedrooms, creating a generation of 31 FTEs (62 bedrooms * .5). Therefore, the mitigation requirement is 18.6 FTEs (31 FTEs * 60%). The applicant has proposed to provide housing for twenty-seven (27) FTEs onsite in twelve (12) 2-bedroom units. This exceeds the code requirement by nearly 145%. No mitigation is required as part of the Club remodel, as there is no increase in the amount of net leasable area. Staff finds this criterion to be met. 2. The conversion of any multi-family dwelling unit that meets the definition of residential multi-family housing to timesharing shall comply with the Exhibit C -Timeshare Review Criteria Page 3 of 7 provisions of Chapter 26.530, Resident Multi-Family Replacement Program, even when there is no demolition of the existing multi-family dwelling unit. There are currently no multi-family dwelling units on the property. Staff finds this criterion to not be applicable. E. Parking requirements. 1. The parking requirement for timeshare 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 Findings: Pursuant to section 26.515.030 of the Land Use Code, 0.5 parking spaces are required for each key in a lodge development. There are a maximum of forty (40) keys, resulting in a parking requirement of twenty (20) parking spaces for the timeshare units (40 * 0.5 = 20). The Applicant has provided twenty (20) spaces in the sub-grade parking garage for the timeshare units. Staff finds this criterion to be met. 2. The timeshare lodge development shall also provide an appropriate level of guest transportation services, such as vans or other shuttle vehicles, to offer an alternative to having owners and guests using their own vehicles in Aspen. Sta!lFindings: 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. Sta/lFindings: The timeshaze owners will be prohibited from storing their cars in the garage when they are not staying in their unit. Staff finds this criterion to be met. F. Appropriateness of marketing and sales practices. The marketing and sale of timeshare estates shall be governed by the real estate laws set forth in Title 12, Article 61, C.R.S., as may be amended from time to time. The applicant and licensed marketing entity shall present to the City a plan for marketing the timeshare development. Exhibit C -Timeshare Review Criteria Page 4 of 7 1. The following marketing and sales practices for a timeshare development shall not be permitted: a. The solicitation of prospective purchasers of timeshare units on any street, mall or other public property or facility; and b. Any unethical sales and marketing practices which would tend to mislead potential purchasers. 2. Giving of gifts to encourage potential purchasers to attend a sales presentation or to visit a timeshare development is permitted, provided the gift reflects the local Aspen economy. For example, gifts for travel to or accommodations in Aspen, restaurants in Aspen and local attractions (ski passes, concert tickets, rafting trips, etc.) are permitted. Gifts that have no relationship to the local Aspen economy are not permitted. The following gifts are also not permitted: a. Any gift for which an accurate description is not given; b. Any gift package for which notice is not given to the prospective purchaser that the purchaser will be required to attend a sales presentation as a condition of receiving the gifts; and c. Any gift package for which the printed announcement of the requirement to attend a sales presentation is in smaller type face than the information on the gift being offered. Staff Findings: The Applicant has committed to incorporating all the above requirements in the final timeshare instruments. These requirements are incorporated into the drafr Disclosure document. The timeshare instruments will be recorded simultaneously with the PUD/SPA Agreement. Staff finds this criterion to be met. G. Adequacy of maintenance and management plan. The applicant shall provide documentation and guarantees that the timeshare lodge development will be appropriately managed and maintained in a manner that will be both stable and continuous. This shall include an identification of when and how maintenance will be provided and shall also address the following requirements: 1. A fair procedure shall be established for the estate owners to review and approve any fee increases which may be made throughout the life of the timeshare development, to provide assurance and protection to timeshare owners that management/assessment fees will be applied and used appropriately. 2. The applicant shall also demonstrate that there will be a reserve fund to ensure that the proposed timeshare development will be properly maintained throughout its lifetime. Staff Findings: The Applicant has committed to incorporating all the above requirements in the final timeshaze instruments. These requirements are incorporated into the draft Disclosure Exhibit C -Timeshare Review Criteria Page 5 of 7 document. The timeshare instruments will be recorded simultaneously with the PUD/SPA Agreement. Staff finds this criterion to be met. H. Compliance with State Statutes. The applicant shall demonstrate that the proposed timeshare lodge development will comply with all applicable requirements of Title 12, Article 61, C.R.S.; Title 38, Article 33, C.R.S.; and Title 38, Article 33.3, C.R.S.; including the requirements concerning the five (5) day period for rescission of a sales contract and the procedures for holding deposits or down payments in escrow. Staff Findings: The Applicant has committed to incorporating all the above requirements in the final timeshaze instruments. These requirements aze incorporated into the drafr 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 § i (part), 2002; Ord. No. 13-2005, § 5) Staff Findinns: The Applicant has committed that they will not knowingly engage in any of the above mentioned activities. Staff finds this criterion to be met. Exhibit C-Timeshare Review Criteria Page 7 of 7 EXHIBIT D Chapter 26.470, Growth Managemeut Quota System Sec. 26.470.OSO.B. General requirements: All development applications for growth management review shall comply with the following standards. The reviewing body shall approve, approve with conditions or deny an application for growth management review based on the following generally applicable criteria and the review criteria applicable to the specific type of development: 1. Sujficient growth management allotments are available to accommodate the proposed development, pursuant to Subsection 26.470.030.D. Applications for multi year development allotment, pursuant to Paragraph 26.470.090.1 shall not be required to meet this standard. Staff Finding: The Application includes a request for multi-year allotment for the timeshare portion of the development and 12 allotments for affordable housing. There are sufficient affordable housing allotments available. This review criterion is not applicable to the timeshare portion of the applicant. Staff finds this criterion to be met. 2. The proposed development is consistent with the Aspen Area Community Plan. Staff Finding: Staff believes that a number of the goals in the Aspen Area Community Plan are met, but has some concerns relating to other aspects of the AACP. The Application meets a number of AACP goals related to affordable housing, economic sustainability, and arts and culture, and has made changes since Conceptual Review to meet goals related to transportation. The Applicant has also made changes to the site plan, which Staff believes brings the project closer to meeting the goals related to community character & design, and open space & environment. Overall, Staff finds this review criterion to be met. Housing: 'the Applicant is providing 145% of the required Affordable Housing, which is an important step in helping the community meet the Affordable Housing goals outlined in the AACP. The Housing section of the AACP states the intent of affordable housing is to "create an affordable housing environment that is appropriately scaled and distributed throughout existing and new neighborhoods..." (Intent, pg 25). This development proposal mixes free-market commercial and free-market lodging with affordable housing. The affordable housing is scaled to relate to the adjacent Club building and other surrounding buildings. This section also states that, "Our housing policy should bolster our economic and social diversity, reinforce variety, and enhance our sense of community by integrating affordable housing into the fabric of our town. A healthy social balance includes all income ranges and types of people. Each project should endeavor to further that mix and to avoid segregation of economic and social classes by project." (Philosophy, pg 25). This proposal would provide 12 Exhibit D - GMQS Review Criteria Page 1 of 10 new affordable housing rental units for Aspen Club Employees. A mix of category 2, 3, and 4 units are proposed, which will ensure the housing is accessible to a wide range of income levels. Managing Growth: The AACP Managing Growth Chapter lists one of the main goals of managing growth as "foster a well-balanced community through integrated design that promotes economic diversity, transit and pedestrian friendly lifestyles, and the mixing of people from different backgrounds." (Goal E, pg 19). The proposal will promote a mix of backgrounds through the Club use as well as the affordable housing residents and lodge visitors that will be on site. Additionally, a detailed transportation plan is proposed that promotes pedestrian access to the site and the use of alternative modes of transportation. Economic Sustainability: Further, the Economic Sustainability section of the AACP recognizes that "local ownership of business helps maintain our community's unusual character, tends to return more money to the local economy, and provides additional opportunities for upward mobility of people" and that "the community and its governments should support local ownership as well as externally-owned businesses that are locally-serving and locally-involved" (Philosophy, pg 3 ] ). 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 timeshaze sales to subsidize programs for locals. The Club currently provides services and events that are designed for locals, including the "Tuesdays with Michael" program that highlights a local non-profit and their activities every week in the summer, as well as periodic health lectures. Staff believes that the concept of this application is a good one, and will go a long way toward furthering the goals outlined Aspen Area Community Plan. The Economic Sustainability section also states that it is important to "encourage resource efficiency, environmental responsibility, and cultural and community sensitivity in local organizations and in construction" (Policies, pg 32). The applicant used the new LEED for Neighborhood standards in developing the proposal. This requires that development be done using environmentally friendly techniques. To that end, the applicant is investigating ways to minimize construction impacts, utilizing alternative renewable energies and various energy efficient materials. The applicant has committed to no net new energy use as a result of this project. Arts, Culture, & Education: The AACP states that "...arts, culture, and education are acknowledged as essential to Aspen's thriving year-round economy, its vibrant international profile, and its future as a unique place to live, work, and learn" (Philosophy. Pg 45). The Aspen Club currently works to promote the Arts, Culture, and Education of the Aspen Area by supporting local non-profits through provision of office space and financial support, and by facilitating educational and wellness programs for Club members and community members at large. The applicant has pledged to continue this commitment if the application is approved. Exhibit D-GMQS Review Criteria Page 2 of 10 Parks, Open 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. ripazian 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 Ouality; 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 aze good goals, and that the site plan changes at Conceptual have moved the proposal in the direction of combining this goal with the proposed architecture. Further, Staff finds that the changes help ensure the development will "enhance the special character of our community." The Aspen Club site is unique, and this Application proposes a unique addition to the Club. Staff believes the changes to the site plan begin to reflect these opportunities. In terms of uses, the project does a good job of relating to the immediate context which is comprised of a variety of uses. In terms of massing, staff is concerned that there is too much mass on the site given its context of being on the urban rural fringe. The elimination or relocation of units 5 and 6 would help better meet the Design Quality section of the AACP. Transportation: The AACP has a number of goals and policies related to Transportation, including a policy that new growth should be structured "on compact, mixed-use patterns that enable and support travel by foot, bicycle, and public transportation for all types of trips" (Policies, pg 22). Additionally, the Transportation Chapter includes goals to maintain and improve "the appeal of bicycling and walking...by adding sidewalk connections, replacing sidewalks, and requiring sidewalks as part of development approvals, where appropriate..." (Goal C, pg 22) and "the appeal of carpool or vanpooling for a wide variety of trip types" (Goal D, pg 22). The Transportation Chapter also includes a policy to "require all employment, school, social, recreation or other activities that generate demand for travel to mitigate traffic impacts through support of alternative transportation modes in proportion to trips generated." (Policies, pg 22) 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 PUD to vary the underlying dimensional and use requirements for this site. The project will comply with all dimensional and use requirements that are established as part of the final PUD/SPA review. Staff finds this criterion to be met. 4. The proposed development is consistent with the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the Conceptual Planned Unit Development approval, as applicable. Staff Finding: The project received conceptual commercial design review approval and conceptual PUD approval. The final application is consistent with both those approvals. Staff finds this criterion to be met. S. 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.]OO.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. Staff Finding: The applicant has committed to meeting the 60% employee mitigation number for the Growth Management Review, which is the highest mitigation level outlined in the code for lodge development. The lodge development includes 62 bedrooms (ten 3-bedroom units, four 4-bedroom units, four 3-bedroom units, and two 2-bedroom units). Land Use Code section 26.470.100.A.1 states that there are .5 FTEs per lodging bedroom. Therefore, the employee generation is 31 FTEs (62 lodge bedrooms * .5 FTEs = 31 FTEs). At a mitigation level of 60%, the required mitigation for the project is 18.6 FTEs (31 FTFs * 60% = 18.6 FTEs). Exhibit D - GMQS Review Criteria Page 4 of 10 The applicant is providing twelve 2-bedroom affordable housing units. Land Use Code section 26.470.100.A.2 states that each 2 bedroom unit houses 2.25 FTEs. Therefore, the proposed 12 affordable housing units will house 27 FTEs (12 two-bedroom units * 2.25FTEs = 27 FTEs). This is approximately 145% of the required affordable housing mitigation. Staff finds this criterion to be met. 6. Affordable housing net livable area, for which the finished floor level is at or above natural or ftnished grade, whichever is higher, shall be provided in an amount equal to at least thirty percent (30%) of the additional free-market residential net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher. Affordable housing shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, and be restricted to a Category 4 rate as 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. 7. The project represents minimal additional demand on public infrastructure, or such additional demand is mitigated through improvement proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking and road and transit services. (Ord. No. 14, 2007, §7) Staff Finding: Adequate public facilities exist and will be upgraded at the owner's expense. This includes the realignment of a sewer line. The Applicant's new traffic study indicates that Ute Avenue can accommodate the proposal's traffic generation. In addition, the applicant has created a comprehensive TDM plan to encourage alternative modes of transportation for club users, club employees, affordable housing resident, and timeshare owners. A safety plan, which includes speed tables and humps, for Ute Ave has also been proposed to ensure the road is safer for pedestrians. The applicant has committed to zero growth in traffic as a result of this project. The applicant has hired consultants to assess the existing water flows to determine if adequate flows exist for fire safety and the preliminary report indicates there are adequate flows. The applicant is working with the City Water and Fire Departments to confirm this. The applicant is also working with the Engineering Department to ensure adequate drainage exists on the site. Staff finds this criterion to be met at this time. Sec. 26.470.090.City Council applications. Exhibit D-GMQS Review Criteria Page 5 of 10 The following types of development shall be approved, approved with conditions or denied by the City Council, pursuant to Section 26.470.110, 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 Finding: The applicant is providing housing for 27 FTEs, when housing for 18.6 FTEs is required by the code. This represents housing at 145% of the requirement. Staff finds this criterion to be met. 2) The proposed project represents an excellent historic preservation accomplishment. A recommendation from the Historic Preservation Officer shall be considered for this standard. Staff Finding: The proposed development does not include a historic preservation element. The property is not designated and is not on the Ordinance 48 list of potentially significant structures. Staff finds this criterion is not applicable. 3) The proposal furthers affordable housing goals by providing units established as priority through the current Aspen/Pitkin County Housing Authority Guidelines and provides a desirable mix of affordable unit types, economic levels and lifestyles (e.g., singles, seniors, families, etc.). A recommendation from the Aspen/Pitkin County Housing Authority shall be considered for this standard. Staff Finding: The applicant has proposed a mix of Category 2, 3, and 4 units, although the land use code only requires the provision of Category 4 units. Category units that are below Category 4 are priority units for AHCPA. The mix of categories will enable a 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 CateE?orv Cateeory Cateeory No. of Adults 2 3 4 1 Adult $49,000 $79,000 $129,000 2Adult $73,000 $119,000 $193,000 3 Adult $85,000 $139,000 $225,000 Net Assets not in Excess of: $125,000 $150,000 $175,000 Staff finds this criterion to be met. 4) The proposal minimizes impacts on public infrastructure by incorporating innovative, energy-saving techniques. StaFf Findins: The applicant is committing to a project that will contain no net new energy usage. This is being done through upgrades to the existing Club building (insulation, drainage, etc) and energy efficient building techniques, like radiant floors, energy efficient materials, etc. In addition, the applicant is contemplating the use of solar panels, and has committed to the use of Ground Source Heat Pumps (GSHP). The project is participating in the LEED-ND program, and will exceed the City's adopted energy codes. Staff finds this criterion to be met. S) The proposal minimizes construction impacts to the extent practicable both during and after construction. Staff Finding: The applicant has provided a preliminary construction management plan, which indicates the project will meet all applicable city code requirements related to construction. Amore detailed plan will be submitted at the time of the building permit application. Staff would like more detail on construction types. For instance, the applicant indicated during the conceptual review that modulaz construction might be used in an effort to decrease construction impacts. There is no information on the final application regarding this issue. At this time staff finds this criterion is met. 6) The proposal maximizes potential public transit usage and minimizes reliance on the automobile. Staff Finding: The applicant has submitted a detailed Transportation Demand Management (TDM) plan and traffic study that commits to a zero growth project in terms of traffic. The TDM plan includes specific measures to reduce the reliance on the automobile and increase use of alternative modes, including carpooling, biking, walking, and using Exhibit D - GMQS Review Criteria Page 7 of 10 shuttles. Specific measures aze proposed for Aspen Club employees, those living in the affordable housing units, owners and guests of the timeshare units, and members and guests of the Aspen Club & Spa. The plan has been reviewed by the Transportation Department. Staff finds this criterion is met. 7) The proposal exceeds minimum requirements of the Efficient Building Code or for LEEDS certification, as applicable. A recommendation from the Building Department shall be considered for this standard. Staff Findinr: The applicant is participating in the LEED-ND pilot program, which requires specific measures be taken to reduce the overall environmental footprint of the development. The Applicant worked with Resource Engineering Group to do an energy use study of the proposal (see Exhibit 2 in the Application Appendix D). The Applicant's goal is to have the entire energy use on site afrer the development be equal to or less than the energy used on site today. To do that, the applicant will use a Ground Source Heat Pump (GSHP) loop for heating and cooling, improved insulation and HVAC systems on the club building, and the use of radiant floors for efficient heating in the timeshare and affordable housing units. The applicant has also committed to exceeding the City's current energy code. Staff finds this criterion to be met. 8) The proposal promotes sustainability of the local economy. 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. The timeshare units will help subsidize improvements to the Club and new programming opportunities. The Aspen Club is a business that currently serves both locals and visitors, and the improvements envisioned for the club will help ensure it is attractive to locals and visitors in the future. Additionally, the provision of rental affordable housing for club employees will provide opportunities for employees to put roots in the community. The timeshare units will be subject to the Real Estate Transfer Tax (RETT) when they aze sold, creating tax revenue. Staff finds this criterion to be met. 9) The proposal represents a desirable site plan and an architectural design solution. Staff Finding: The site has a great asset in the Roaring Fork River, which crosses the site. The Applicant will abide by all requirements for stream margin review, which will help preserve the riparian area. However, staff does not believe that the site plan appropriately preserves or enhances this important natural feature. During Conceptual approval the applicant amended the site plan to create a larger open space on the lower bench of the property. Staff does not believe this has created a large enough area to preserve and enhance views of the river and riparian area. Exhibit D ~- GMQS Review Criteria Page 8 of 10 In terms of architecture, the applicant has stated to staff that the proposed mass, scale, and materials 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 facade 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. 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 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 staff s concerns. At this time, staff finds this criterion is not met. 10) The proposed development is compatible with the character of the existing [and uses in the surrounding area and the purpose of the underlying zone district. Stall Finding: The uses in the area are quite mixed, with commercial, single-family free market residential, multi-family affordable housing, and non-profit uses all on the adjacent properties. Along Ute Avenue, there are short term accommodations 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 all necessary approvals from the Historic Preservation Commission, the Planning and Zoning Commission and the City Council, as applicable. Staff Finding: Exhibit D - GMQS Review Criteria Page 9 of 10 The Growth Management Reviews are paR 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 lti.470.030.D, in subsequent years as determined appropriate by the City Council. StaflFindinp: The Community Development Director will reduce the annual development allotments as applicable. 112 pillows will be deducted from 2009, and 12 pillows will be deducted from 2010. Staff finds this criterion to be met. Exhibit D-GMQS Review Criteria Page 10 of 10 EXHIBIT E Chapter 26.310, Amendments to the Land Use Code and Official Zone District Map Sec. 26.310.040. Standards of review. In reviewing an amendment to the text of this Title or an amendment to the Official Zone District Map, the City Council and the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. Staff Finding: Through the review criteria outlined in the exhibits, staff believes the requirements of the code are met, although some minor changes are suggested, including the elimination or relocation of units 5 & 6 and reconfiguration of internal paths. Overall, staff finds this criterion to be met. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. Staff Finding: Staff believes that a number of the goals in the Aspen Area Community Plan are met, but has some concerns relating to other aspects of the AACP. The Application meets a number of AACP goals related to affordable housing, economic sustainability, and arts and culture, and has made changes since Conceptual Review to meet goals related to transportation. The Applicant has also made changes to the site plan, which Staff believes brings the project closer to meeting the goals related to community character & design, and open space & environment. Overall, Staff finds this review criterion to be met. Housin>?: 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 new affordable housing rental units for Aspen Club Employees. A mix of category 2, 3, and 4 units are proposed, which will ensure the housing is accessible to a wide range of income levels. Exhibit E -Rezoning Review Criteria Page I of 6 Managina Growth: The AACP Managing Growth Chapter lists one of the main goals of managing growth as "foster a well-balanced community through integrated design that promotes economic diversity, transit and pedestrian friendly lifestyles, and the mixing of people from different backgrounds." (Goal E, pg 19). The proposal will promote a mix of backgrounds through the Club use as well as the affordable housing residents and lodge visitors that will be on site. Additionally, a detailed transportation plan is proposed that promotes pedestrian access to the site and the use of alternative modes of transportation. Economic Sustainability: Further, the Economic Sustainability section of the AACP recognizes that "local ownership of business helps maintain our community's unusual character, tends to return more money to the local economy, and provides additional opportunities for upward mobility of people" and that "the community and its governments should support local ownership as well as externally-owned businesses that are locally-serving and locally-involved" (Philosophy, pg 31). The Aspen Club is owned by a variety of locals and non-locals, but it is a locally operated business. The stated goal of this proposal is to provide a new health and wellness opportunity for residents and visitors, and to use the money raised through the timeshare sales to subsidize programs for locals. The Club currently provides services and events that are designed for locals, including the "Tuesdays with Michael" program that highlights a local non-profit and their activities every week in the summer, as well as periodic health lectures. Staff believes that the concept of this application is a good one, and will go a long way toward furthering the goals outlined Aspen Area Community Plan. The Economic Sustainability section also states that it is important to "encourage resource efficiency, environmental responsibility, and cultural and community sensitivity in local organizations and in construction" (Policies, pg 32). The applicant used the new LEED for Neighborhood standards in developing the proposal. This requires that development be done using environmentally friendly techniques. "fo that end, the applicant is investigating ways to minimize construction impacts, utilizing alternative renewable energies and various energy efficient materials. The applicant has committed to no net new energy use as a result of this project. Arts, Culture, & Education: The AACP states that "...arts, culture, and education are acknowledged as essential to Aspen's thriving year-round economy, its vibrant international profile, and its future as a unique place to live, work, and learn" (Philosophy. Pg 45). The Aspen Club currently works to promote the Arts, Culture, and Education of the Aspen Area by supporting local non-profits through provision of office space and financial support, and by facilitating educational and wellness programs for Club members and community members at large. The applicant has pledged to continue this commitment if the application is approved. Parks Open Snaee, & 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. riparian corridor and Elk habitat)" (Policies, pg 35). The development is respecting the required stream margin setback and the applicant has worked with the Parks Department to ensure that construction methods will not negatively impact the riparian azea. Design Quality: The Design Quality section of the AACP asks that development "retain and encourage an eclectic mix of design styles to maintain and enhance the special character of our community." The section also states that "we favor diversity tempered by context, sometimes historical, sometimes not, as opposed to azbitraziness. `Context' refers first to region, then [own, neighborhood, and finally the natural and man made features joining a particular development site. Decisions regarding scale, massing, form, materials, texture, and color must be first measured by context. Contextual appropriateness transcends `style' alone" (Philosophy, pg 42). Staff believes the ideas put forward in the Application for a health and wellness facility are good goals, and that the site plan changes at Conceptual have moved the proposal in the direction of combining this goal with the proposed architecture. Further, Staff finds that the changes help ensure the development will "enhance the special character of our community." The Aspen Club site is unique, and this Application proposes a unique addition to the Club. Staff believes the changes to the site plan begin to reflect these opportunities. In terms of uses, the project does a good job of relating to the immediate context which is comprised of a vaziety of uses. In terms of massing, staff is concerned that there is too much mass on the site given its context of being on the urban/rural fringe. The elimination or relocation of units 5 and 6 would help better meet the Design Quality section of the AACP. Transportation: The AACP has a number of goals and policies related to Transportation, including a policy that new growth should be structured "on compact, mixed-use patterns that enable and support travel by foot, bicycle, and public transportation for all types of trips" (Policies, pg 22). Additionally, the Transportation Chapter includes goals to maintain and improve "the appeal of bicycling and walking...by adding sidewalk connections, replacing sidewalks, and requiring sidewalks as part of development approvals, where appropriate..." (Goal C, pg 22) and "the appeal of carpool or vanpooling for a wide variety of trip types" (Goal D, pg 22). The Transportation Chapter also includes a policy to "require all employment, school, social, recreation or other activities that generate demand for travel to mitigate traffic impacts through support of altemative 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 'T'ransportation. C. Whether the proposed amendment is compatible with surrounding zone districts and [and uses, considering existing land use and neighborhood characteristics. Staff Finding: The proposed development is consistent with the character of the area. The neighborhood consists of a variety of single-family and multi-family homes, and while the proposal is for new timeshare lodge units it will function in a more residential nature than a typical lodge downtown. The proposed affordable housing is consistent with the adjacent properties, which include a number of affordable housing projects. Additionally, adjacent parcels also include non-profit and commercial uses. Staff finds this criterion to be met. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding: The Applicant's new traffic study indicates that Ute Avenue can accommodate the proposal In addition, the applicant has created a comprehensive TDM plan to encourage alternative modes of transportation for club users, club employees, affordable housing resident, and timeshare owners. A safety plan, which includes speed tables and humps, for Ute Ave has also been proposed to ensure the road is safer for pedestrians. The applicant has committed to zero growth in traffic as a result of this project. Staff finds this criterion to be met. E. Whether and the extent to which the proposed amendment would result in demands on public facilities and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools and emergency medico[ facilities. Staff Finding: The applicant has agreed to pay for any extension or improvement of utilizes if any are needed. The Applicant has contracted with a consulting firm to determine available water flows for the site. That study has indicated that there is enough water capability for required fire needs. The applicant is working with the ACSD on a realignment of the sewer. The proposal is currently being reviewed by the board of directors. According to a letter submitted by the Applicant's engineer, site drainage will be handled with some drainage improvements to maintain historic runoff. Further, the Applicant's engineer states that the timeshare units will have a similar footprint to the existing tennis courts, so an expansion of the impervious surface will be minimal. The Applicant will be required to pay the applicable Storm Water Fee assessed by the Engineering Department. If areas of the site are re- paved as part of the redevelopment, Staff recommends that the re-paving utilize pervious paving materials. The Engineering Department has reviewed the application and is working with the applicant to ensure there is adequate drainage onsite. Exhibit E -Rezoning Review Criteria Page 4 of 6 At this time, staff finds this criterion is met. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Staff Finding: The applicant has committed to ensuring the new development uses no more energy than the existing development. This will be done through increased energy efficiency of the Aspen Club building and the use of a GSHP loop. There are some trees that need to be removed, but the applicant has worked with the Parks Department to ensure the trees aze properly mitigated for. [n addition, the applicant is abiding by all stream margin requirements. Staff finds this criterion to be met. G. Whether the proposed amendment is consistent and compatible with the community character in the City. Staff Finding: The Rezoning is required because of the SPA designation (the SPA designation is required to allow multi-family Affordable Housing and Lodging on the site). Other pazcels in the immediate area are also zoned with an SPA overlay (Silverlining Ranch and the Benedict Building). The proposed development is consistent with the chaacter of the area, as outlined in Review Criteria C, above. Both Affordable Housing and Lodging are uses that are located throughout town and aze integral to the functionality of "Aspen the Resort" and "Aspen the Community". The city has a number of small neighborhood lodges that are scattered throughout residential areas. This proposal is similar to those lodges in term of size and character. Staff finds this criterion to be met. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: The neighborhood already contains a mix of uses and the lodging component would add to that diversity. In addition, there have been no recent changes in the azea or to the land use code that address this kind of development. Staff finds this criterion is not applicable. b Whether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent of this Title. Staff Finding: There is no known conflict regarding this application. There are a number of parcels with SPA overlays in the area, and an SPA on this site would enable the creation of additional affordable housing, which is a goal of the Aspen Area Community Plan. Staff believes that the SPA Exhibit E -Rezoning Review Criteria Page 5 of 6 designation would create a public benefit. It will allow affordable housing to be developed on the parcel, which is not currently a permitted use in the underlying zone district. This will enable the Club to house some of its employees that currently commute into Aspen, reducing impacts on the transportation system and the entrance to Aspen. Further, the timeshaze development will enable to Club to continue to provide a home for many of the Valley's non-profits, and will enable specialized programming to be made available to the public. Staff finds this criterion to be met. Exhibit E -Rezoning Review Criteria Page 6 of 6 EXHIBIT F, SUBDIVISION Chapter 26.480, SUBDIVISION Section 26.480 of the City Land Use Code provides that development applications for Subdivision must comply with the following standards and requirements. A. General Requirements 1. The proposed subdivision sha[i be consistent with the Aspen Area Comprehensive Pion. Staff Findins: 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). 'I~his development proposal mixes free- market commercial and free-market lodging with affordable housing. The affordable housing is scaled to relate to the adjacent Club building and other surrounding buildings. This section also states that, "Our housing policy should bolster our economic and social diversity, reinforce variety, and enhance our sense of community by integrating affordable housing into the fabric of our town. A healthy social balance includes all income ranges and types of people. Each project should endeavor to further that mix and to avoid segregation of economic and social classes by project." (Philosophy, pg 25). This proposal would provide 12 new affordable housing rental units for Aspen Club Employees. A mix of category 2, 3, and 4 units are proposed, which will ensure the housing is accessible to a wide range of income levels. Managing Growth: The AACP Managing Growth Chapter lists one of the main goals of managing growth as "foster 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 ] 9). The proposal will promote a mix of backgrounds through the Club use as well as the affordable housing residents and lodge visitors that will be on site. Additionally, a detailed transportation plan is proposed that promotes pedestrian access to the site and the use of alternative modes of transportation. Exhibit F -- Subdivision Review Criteria Page I 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. The Club currently provides services and events that are designed for locals, including the "Tuesdays with Michael" program that highlights a local non-profit and their activities every week in the summer, as well as periodic health lectures. Staff believes that the concept of this application is a good one, and will go a long way toward furthering the goals outlined Aspen Area Community Plan. The Economic Sustainability section also states that it is important to "encourage resource efficiency, environmental responsibility, and cultural and community sensitivity in local organizations and in construction" (Policies, pg 32). The applicant used the new LEED for Neighborhood standards in developing the proposal. This requires that development be done using environmentally friendly techniques. To that end, the applicant is investigating ways to minimize construction impacts, utilizing alternative renewable energies and various energy efficient materials. The applicant has committed to no net new energy use as a result of this project. Arts, Culture, & Education: The AACP states that "...arts, culture, and education aze acknowledged as essential to Aspen's thriving year-round economy, its vibrant international profile, and its Future as a unique place to live, work, and learn" (Philosophy. Pg 45). The Aspen Club currently works to promote the Arts, Culture, and Education of the Aspen Area by supporting local non- profits through provision of office space and financial support, and by facilitating educational and wellness programs for Club members and community members at large. The applicant has pledged to continue this commitment if the application is approved. Parks, Open Snace, & Environment: The Parks, Open Space, & Environment section of the AACP discusses the need to "preserve, enhance and restore 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 azea. 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 ripazian area. Exhibit F -Subdivision Review Criteria Page 2 of 6 Design Quality The Design Quality section of the AACP asks that development "retain and encourage an eclectic mix of design styles to maintain and enhance the special chazacter 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. Transportation: The AACP has a number of goals and policies related to Transportation, including a policy that new growth should be structured "on compact, mixed-use patterns that enable and support travel by foot, bicycle, and public transportation for all types of trips" (Policies, pg 22). Additionally, the Transportation Chapter includes goals to maintain and improve "the appeal of bicycling and walking...by adding sidewalk connections, replacing sidewalks, and requiring sidewalks as part of development approvals, where appropriate..." (Goal C, pg 22) and "the appeal of carpool or vanpooling for a wide variety of trip types" (Goal D, pg 22). The Transportation Chapter also includes a policy to "require all employment, school, social, recreation or other activities that generate demand for travel to mitigate traffic impacts through support of alternative transportation modes in proportion to trips generated." (Policies, pg 22) The applicant has worked with city staff to create a set of Transportation Demand Management (TDM) tools that focus on alternative forms of transportation, including 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. 2. The proposed subdivision shall be consistent with the character of existing land uses in the area. Exhibit F -Subdivision Review Criteria Page 3 of 6 Staff Finding The proposed development is consistent with the character of the area. The neighborhood consists of a variety of single-family and multi-family homes, as well as commercial, non- profit and lodging uses. The proposed affordable housing is consistent with the adjacent properties, which include a number of affordable housing projects. Additionally, adjacent parcels also include non-profit and commercial uses. Staff finds this criterion to be met. 3. The proposed subdivision shall not adversely affect the future development of surrounding areas. StaflFinding: 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 ojthis 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 ofJlooding, drainage, rock or soil creep, mudllow, rockslide, avalanche or snows[ide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. Staff Finding: The Applicant has located all development outside the Roaring Fork River's mapped 100-year floodplain. The applicant conducted an avalanche study as part of the final application, which found the affordable housing units are in the "blue zone." According to the study, "blue zone" avalanches have a return period of 30 to 100 years, or a 1% to 3% probability annually. The applicant and Engineering Department have agreed to have the mudflow risk to be evaluated by the Colorado Geologic Survey. Staff finds this criterion to be met at this time. b. Spatial pattern effuient. 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 property is suitable for subdivision and development. There are existing public utilities and services (including transportation) in the area. Any cost Exhibit F -Subdivision Review Criteria Page 4 of 6 associated with utility upgrades will be borne by the applicant. Staff finds this criterion to be met. C. /mprovements. 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: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the community. 2. The applicant shall specify each design standard variation requested and provide justiftcation for each variation request, providing design recommendations by professional engineers as necessary. Staff Finding The Applicant has consented in the application to meet the applicable required improvements pursuant to Section 26.580. Staff finds this criterion to be met. D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staff Finding The applicant is providing 12 affordable housing units to mitigate the new timeshare lodge units. No mitigation is required for the Club remodel. Further, more affordable housing than is required is provided by this proposal. Staff finds this criterion to be met. E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. Staff Finding The proposed subdivision is required to meet the School Land Dedication Standards pursuant to Land Use Code Section 26.630. The Applicant has proposed to pay cash-in-lieu of providing land. The Applicant has consented to paying the applicable school land dedication fee at the time of building permit issuance for development within the subdivision. Staff finds this criterion [o be met. F. Growth Management Approval. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AH-PUD) without first obtaining growth management approvals if the newly created parcel(s) is required to obtain such growth management Exhibit F --Subdivision Review Criteria Page 5 of 6 approvals prior to development through a legal instrument acceptable to the City Attorney. (Ord. No. 44-2001, § 2) Staff Finding The application has requested the necessary growth management allocations for the proposed development. Staff finds this criterion to be met. Exhibit F -Subdivision Review Criteria Page 6 of 6 ~~1~~01~ ~-. March 1, 2010 Jessica Gan•ow, AICP Long Range Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 8161 I Re: Aspen Club & Spa Subdivision/PUD/SPA Dear Jessica: In response to the issues raised by City Council at the February 22, 2010 public hearing on this matter, the Applicant hereby proposes that the following substantive commitments be incorporated in the approval Ordinance that is currently being considered by City Council. Accessibility of Club Membership. (a) The Club Owner hereby commits and agrees that from and after the date of issuance of the final Certificate of Occupancy for the Aspen Club Living project, and continuing for so long as the timeshare condominium form of ownership remains aCity-approved use of the Property, more than 50 percent of the dues-paying members of the Club will be holders of Resident Memberships in the Club. One of the criterion for a Resident Membership is that the holder reside in the Roazing Fork Valley for more than 6 months each year. (b) One year following the date of issuance of said final Certificate of Occupancy, and annually thereafter, the Club Owner will perform an audit of the ratio of Resident Memberships to Non-Resident Memberships in the Club and will deliver to the Community Development Department of the City of Aspen a written summary of the results of the audit accompanied by copies of the Club records and other data used in the conduct of the audit. (c) If any such audit concludes that less than 50 percent of the dues-paying members of the Club hold Resident Memberships in the Club, the Club Owner will take whatever steps may be required to increase the ratio of Resident Membership vs. Non-Residential Memberships to greater than 50 percent. In the event the next annual audit reflects a continuing non- compliance with the requirement that Resident Memberships exceed 50 percent of the total dues- paying Memberships in the Club, then the Club will offer free one-year Resident Memberships to any and all full-time City of Aspen employees that wish to be Club Members, such offer to remain in effect until an annual audit concludes that the Club is again in compliance with the requirement that Resident Memberships exceed 50 percent of the total dues-paying Memberships in the Club. When a compliance audit is obtained, each free Resident Membership held by a City employee will expire one year after the date on which the employee signed a Membership Agreement with the Club, and such employee will have the option ofbecoming adues-paying Resident Member of the Club or of allowing his or her Membership to expire. Free employee Memberships shall not count as Resident Memberships in determining the ratio of Resident Memberships to Non-Resident Memberships for audit purposes. Enerey Conservation. (a) An audit of the gas and electrical energy consumed by the existing 77,000 square foot Aspen Club building during the preceding three years was conducted by Resource Engineering and summarized in a written report dated November 24, 2008, a copy of which report is attached as Exhibit C to the Ordinance. The energy consumption reflected in that report averaged 18,600 million Btu/year over the subject three year period (the "Baseline Average"). The Club Owner hereby commits and agrees that following the redevelopment of the Property pursuant to the approvals granted in this Ordinance, the average annual energy consumption of all uses of the Property (including the Club, the Timeshare Units, and the Affordable Housing Units) will not exceed the Baseline Average. (b) The Club Owner commits and agrees that the Building Permit Application for the Aspen Club Living development approved by this Ordinance (including the Aspen Club & Spa facility upgrades discussed in Section 3 below) will include the installation of such energy conservation mechanical components (including upgrades to existing systems) as may be designed and recommended by Resource Engineering, or other qualified engineering fine, in order to achieve the energy consumption Baseline Average for all anticipated uses of the Property (including the Club, the Timeshare Units, and the Affordable Housing Units). The specifications and recommendations provided by Resource Engineering must be reviewed and approved by the City Building Department and the Canary Initiative staff before the Building Permit is issued. (c) Pursuant to Section 4 below (Financial Assurances), the Club Owner is also committing to provide the City with a copy of a Completion Bond on the project prior to the issuance of a Building Permit therefor. The Completion Bond shall also cover the installation of the energy consumption mechanical components (including upgrades to existing systems) that are incorporated in the approved Building Permit. (d) The final Certificate of Occupancy for the Aspen Club Living development approved by this Ordinance shall not be issued until the Club Owner has demonstrated to the Building Department and Canary Initiative staff that such required energy conservation mechanical components (including upgrades to existing systems) have in fact been installed by Club Owner. (e) Within 30 days following the expiration of the one year period following the issuance of the final Certificate of Occupancy for the Aspen Club Living development, the Club Owner shall provide the Building Department and Canary Initiative staff with a report summarizing the energy consumed by all uses of the Property during said one year period. With such report, the Club Owner shall provide the Building Department and Canary Initiative staff with copies of all energy bills used to prepare the report, for purposes of verification by the City. If such report concludes that the energy consumed by all uses of Property during said one year period exceeds the Baseline Average, within 30 days following the date of the report the Club Owner shall open an Escrow Account with Pitkin County Title, Inc., subject to Escrow Instructions that have been mutually approved by Club Owner and the City Attorney, and shall fund that Escrow Account with the sum of $ (based upon an amount to be determined by Building Department and Canary Initiative staff) and shall provide the City with evidence of such deposit. During the ensuing one year period, the Club Owner shall make a good faith effort to bring the Property's energy consumption into compliance with the Baseline Average. (f) Three years following the date of issuance of the final Certificate of Occupancy for the Aspen Club Living project, the Club Owner shall have Resource Engineering or other qualified engineering firm perform a complete energy audit covering all uses of the Propertyduring the preceding three year period and averaging the energy consumption of the Property over said three year period. If such audit concludes that the energy consumed during said three year period exceeds the Baseline Average, the Club Owner shall have Resource Engineering or other qualified engineering firm perform an updated evaluation of the energy systems (and the operation thereof) on the Property and the Club Owner shall have the year following the date of the audit in which to make such changes in the operation of the energy system and/or such upgrades to the system as may be recommended by said engineering fine in order to achieve the promised Baseline Average. The Club Owner shall have the right to draw funds from the Escrow Account to pay for such remediation efforts. (g) Similar audits will be performed four years and five years, respectively, following the date of issuance of the final Certificate of Occupancy for the Aspen Club Living project, in each instance covering the preceding three year period and averaging the energy consumption of the Property over said three year period. If either of said audits reflects anon-compliance with the Baseline Average, then the Club Owner shall continue its good faith efforts to upgrade the energy consumption on the Property pursuant to the previous recommendations of the engineering firm and shall have the right to draw funds from the Escrow Account to pay for such remediation efforts. . (h) If said fifth year audit determines that the energy consumption on the Property does not exceed the Baseline Average, the Escrow Account shall be closed and all remaining funds therein shall be returned to the Club Owner and no further energy reports or audits shall be required. If said fifth year audit determines that the energy consumption of the Property exceeds the Baseline Average, the Club Owner shall be obligated to provide an additional energy consumption audit six years following the date of issuance of the final Certificate of Occupancy for the Aspen Club Living project, covering the preceding three year period and averaging the energy consumption of the Property over said three year period. Such annual audit obligation shall continue until such time as an audit determines that the energy consumption on the Property does not exceed the Baseline Average. 3. Reinvestment in Club. (a) The Club Owner hereby commits and agrees that prior to the issuance of a final Certificate of Occupancy for the Aspen Club Living development approved by this Ordinance, the Club Owner will spend a minimum of $5,000,000 in upgrades to the existing Aspen Club & Spa facility, including but not limited to structural improvements, a new swimming pool, new locker rooms, upgraded activity spaces, improvements to utility systems, investments in clean energy initiatives, and a new entryway. (b) Upon substantial completion of the upgrades to the Aspen Club & Spa facility, the Club Owner shall provide to the City Building Department a summary of the costs and expenses incurred by the Club Owner in accomplishing the upgrades, which cost summary shall be reviewed and approved by the City Building Department. (c) A final Certificate of Occupancy shall not be issued for the Aspen Club Living development project approved by this Ordinance until the City Building Department is satisfied that the Club Owner has expended a minimum of $5,000,000 in connection with the upgrades to the Aspen Club & Spa facility. 4. Financial Assurances. (a) The Club Owner commits and agrees that before a Building Permit is issued for the Aspen Club Living development approved by this Ordinance, the Club Owner will provide to the City Building Department and the City Attorney for review and approval satisfactory evidence that the Club Owner has in place sufficient financing to accomplish and complete the construction of the development, including all improvements covered by the Building Permit, all public improvements required under the Subdivision/PUD/SPA Agreement, and the Aspen Club & Spa upgrades provided for in Section 3 above. Such financing may include, without limitation, a construction loan from an institutional lender or lenders and equity capital investments from the Club Owner and/or third party investors. (b) Supporting cost estimates for all improvements covered by the requested Building Permit shall be prepared by the Club Owner's General Contractor and shall be delivered to the City Building Department for review and approval before the Building Permit is issued. (c) The Club Owner further commits and agrees that before a Building Permit is issued for the Aspen Club Living development approved by this Ordinance, the Club Owner will provide to the City Building Department and the City Attorney for review and approval a copy of a Completion Bond issued or committed to be issued to the Club Owner's General Contractor by an institutional surety company pursuant to which the surety agrees to provide the funds necessary to complete the construction of the improvementscovered by the Building Permit, all public improvements required under the Subdivision/PUD/SPA Agreement, and the Aspen Club & Spa upgrades described in Section 3 above. The Completion Bond shall name the Club Owner and the City of Aspen as additional beneficiaries or insureds thereunder. We would appreciate your serious consideration of these proposed commitments. Respectfully submitted, i ~_......_-- - -z--- _ Michael Fox, Manager -- Aspen Club & Spa, LLC 4741301_1 DOC ~rk~ib~i ~.2 FEtlit & Per:Rs IRPNS40 RTP110N 1ON511l IAN rS MEMORANDUM Date: March 22, 2010 To: Mick Ireland Aspen City Council From: David Millar, P.E., PTOE___ Subject: Aspen Club Living Traffic Study Review DN10-0273 At the request of Gary Nathanson and Citizens for Preservation of Zoning, I have completed a review of several documents related to the proposed addition of 32 housing units at the Aspen Club. The review included the following documents: • Aspen Club Living Transportation Analysis dated September 17, 2007, prepared by TDA • Aspen Club & Spa Traffic Count Report dated October 29, 2008, prepared by TDA • Aspen Club Living Transportation Demand Management (TDM) Plan (no date) Aspen Club Living Traffic Analysis and Traffic Count I found two assumptions that are questionable and one issue that is not addressed. These include: • Assumption of zero growth in background traffic volumes • Determination of land use type for trip generation calculations • Lack of daily trip estimates The Aspen Club's Transportation Analysis includes statements that the proposed development will result in zero growth in traffic. Zero background traffic growth as a policy does not make it a reality. This development is an example. There will be new trips generated by the development; by the users, tenants, and required service vehicles. These users, whether in private autos or in Club-provided shuttles, will add trips to the transportation network. In analyzing traffic generation, engineers use nationally-accepted standards. The Institute of Transportation Engineers (ITE) Trip Generation Report is the industry standard for predicting trips from new development. In the Aspen Club's Transportation Analysis, the following land use types were used: Resort Hotel (ITE Code 330) and Mid-Rise Apartment (ITE Code 223). The land use types assumed for the purpose of calculating trips result in the lowest possible estimate of trip generation. Other land use categories that should have been applied to this project have higher rates. For instance, the use of mid-rise apartment (ITE Code 223) rather than the more general category of apartment (ITE Code 220) results in fewer trips being estimated. The mid-rise category data is based on only seven studies conducted in Montgomery County, Maryland. which is the suburban county adjacent to Washington, DC. 621 1 T" Street, #2301 Denver. CO 80293 (30312964300 Fax (303) 296-4302 www.lehra nd peers.com Mick Ireland and Aspen City Council March 22, 2010 Page 2 of 3 FtuH & Ptrlts ...>POh,..,o, <,,,,,,,..,, The trip generation rate for resort hotel (ITE Code 330), which the Club used, is substantially lower than the more appropriate category of timeshare (ITE Code 265). The use of a hotel category rather than the timeshare category is questionable given that these will be owner- occupied some of the time. The timeshare land use category has significantly higher trip generation rates than resort hotel, in fact it is nearly double the rate during the PM peak period. Note also that in the study of resort hotels, the smallest hotel in the sample had over 235 rooms, making it a poor predictor of trips for a much smaller development. The rates for that category are not well suited to the proposed development. Further, the trip generation estimates do not include daily trip volume estimates. Total daily trips will give a better indication of the overall impact on a residential street than the peak hour trips. Based on the land use types used by the Club in their study, the number of additional daily trips could range from 100 to 300 trips per day. Based on the land use categories of timeshare (ITE Code 265) and apartment (ITE Code 220) -which we believe are the best-suited categories for the project -the daily trip generation would be estimated at 280 daily trips. Based on the reported daily volumes along Ute Avenue east of Original Street (2170 vpd) and east of Ute Place (1500 vpd) an increase of 280 trips would represent increases of 13 percent and 19 percent, respectively. These would be noticeable increases that would detract from the livability of the street. Aspen Club Living TDM Plan The TDM plan covers many areas that have the potential, if tremendously successful, to reduce trips. If the plan is only somewhat successful it would reduce trips by a very small amount. There are several concerns that exist about the Aspen Club's plan being even somewhat successful. Keep in mind that the traffic on Ute Place is already being mitigated by existing TDM strategies at the Aspen Club. In performing or reviewing nearly 1,000 traffic impact studies, I have not come across any that included new, additional land development which did not acknowledge at least some new trips being generated. Even those with significant TDM strategies. This example is provided for a frame of reference. Based on our work with the City of Steamboat Springs and analysis of a resort hotel at the base of the ski hill: we found that a very aggressive TDM plan that was implemented during peak ski weekends resulted in a reduction of only 30 percent of the expected number of trips. This was achieved during the most intensive high traffic day. The exceptional, free, and well advertised transit alternative was a better alternative than private autos during high traffic peak periods. The same extra service provided during the same weekend resulted in only a 20 percent reduction during other days, and even less on non-peak ski weekends. Regardless of the potential for success, there is no guarantee of success. No assurances are made that the TDM plan will, in fact, result in no net increase in trips. There are no provisions on how to 'put the genie back in the bottle' so to speak. The plan does not quantify the number of trips that are expected to be reduced by each strategy. This is critical because many of the strategies are aimed at employees. There are strategies already in place regarding employee travel. The ability of any of those strategies to reduce or eliminate employee trips on Ute Avenue is questionable. Mick Ireland and Aspen City Council {~ March 22, 2010 ~ f Page3of3 FFIpIR & hGERti The plan includes several strategies that may alter parking demand, but could have little or no impact on trips. This includes car sharing and discounted car rental rates for employees who live on-site. The on-demand shuttle strategy would change the mode of travel but could actually increase trips when empty return shuttle trips are considered. In order for the on-demand shuttle to be successful it must provide excellent service, which requires frequent trips. Fewer trips would mean it is less capable of being 'on-demand' and less likely to be used. This is a Catch-22 situation. The primary trip type that would need to be reduced to have a significant impact on total trips on Ute Avenue is patron trips. The strategy to offer incentives and prizes to the patrons will have little impact, unless the prizes are of a very large magnitude. (Perhaps a trip for four to Hawaii, offered every three months.) QAikR-S ~Orv' WbG(~ Jessica Garrow From: Anthony Nitti [anitti@Withum.com] Sent: Tuesday, March 23, 2010 12:26 PM To: Mick Ireland forward; hitorre@aol.com; Steve Skadron; Steve Skadron forward; Dwayne Romero; Dwayne Romero; djohnson@aspensnowmass.com; Jessica. Garrow@ci.aspen.co. us. Cc: mail@aspentimes.com; letters@aspendailynews.com Subject: In support of the Aspen Club Attachments: image001.png While only a valley resident for the past four years, I've had more than enough time to witness first-hand Aspen's inherent-and completely justifiable -aversion to superfluous development and unchecked change. Change, of course, is inevitable. With that understood, it's incumbent upon both Aspen's leadership and its residents to stave off proposals that represent change merely for change's sake, and instead embrace those alterations to our local landscape that add value; leaving the town richer in body and spirit than it was prior. This is why I am adamant in my support for the development of the Aspen Club. The obvious benefits that come from improving a prominent health club in a destination resort are many. Aspen is, after all, a tourist attraction, enticing people from around the globe with the active pursuits it offers. As a result, while our average visitor doesn't comb downtown in search of a tricked out Wal-Mart or a kick-ass Krispy Kreme, they do expect to find aworld-class health club. For the development to meet the standard of adding value, it's imperative that Aspen locals also benefit from an improved Aspen Club. As a people, we aren't ones to catch up over coffee or close deals over dinner as much as we tend to foster relationships- business or otherwise - in a spin class or from neighboring yoga mats. For this reason, the Aspen Club is a valued resource, and an improved club would continue to entice the members of our town to a place where they can congregate and collaborate. Perhaps most importantly given the current climate, we also can't underplay the role that creating jobs -both through the construction of the fractional and affordable housing units and the new roles at the expanded club -can have in boosting our troubled local economy. This is not to say, of course, that the town should embrace all development. But when a project comes along such as the Aspen Club, which has been carefully considered from all aspects-from the traffic on Ute Avenue to the commitment to energy efficiency to the required minimum reinvestment of $5,000,000 into club expansion -perhaps it's time to put aside our natural tendencies and support change. Sincerely, Tony Nitti Anthony J. Nitti, CPA, MST Tax Senior Manager 117 South Spring Street Aspen, CO 81611 P.970-925-7382 F.970-925-8967 cell-609-658-9593 withum.com To ensure compliance with U.S. Treasury rules, unless expressly stated otherwise, any U.S. tax advice contained in this communication (including attachments) is not intended or written to be used, and cannot be used, by the recipient for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code. This email transmission, and any documents, files or previous email messages attached to it may contain confidential information that is legally privileged. If you are not the intended recipient or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender. Please destroy the original transmission and its attachments without reading or saving it in any manner. Visit our website at... www.withum.com! Jessica Garrow From: Carleen Joseph [antiguangirl1@yahoo.com] Sent: Monday, March 22, 2010 12:37 PM To: Mick Ireland forward; hitorre@aol.com; Steve Skadron; Steve Skadron forward; Dwayne Romero; Dwayne Romero; djohnson@aspensnowmass.com; Jessica Garrow Subject: Letter of Support for The Aspen Club Attachments: Aspen Club Letter to City Council.docx Dear City Council Member, Most of you have heard from me, in person, at the last 2 council meetings where issues surrounding the Aspen Club Living project was on the agenda. I have no doubt that you have heard the same comments repeatedly. [ may have nothing new to add to the discourse, and I am certainly not an expert on LEED-ND or traffic patterns, However, I do know quite a bit about the importance of using community resources to enhance the lives of members of our community who are economically challenged and under-served. I truly believe that this project will have great impact on the health and well-being of children and families from Aspen to Rifle. Since moving to town almost 5 years ago, Michael Fox and his staff have always opened the club to local at-risk youth, giving them an opportunity to use a facility that they might have only heazd about because their parents worked at the Club. With the new Aspen Club [.,wing project, I look forward to working with Michael and his staff to expand programs and services to our local under-served community. I won't be in town for the next meeting where this project will be a focus. Consequently, I hope you will accept the attached letter of support in my absence. Thank you! :~= arleen... March 22, 2010 Dear Aspen City Council, In May 2005, I took a leap of faith and moved to Aspen. I had previously visited this valley twice and had fallen in love with its environmental beauty. As a big city girl, I was unfortunately unprepared for small town life. During my first year in Aspen, having left my support system behind on the East Coast, I felt very isolated and out of place. To make matters worse, unforeseen circumstances meant that I was unable to continue my fitness and nutrition regimen, which was an important part of maintaining my physical and mental health. Thankfully, through my employment with a local youth non-profit, I was given the opportunity to become a member of what I initially believed to be a standard health club. When I walked through the doors of The Aspen Club & Spa, I quickly discovered that it was much more than I had expected. At the end of Ute Avenue, I not only found a home, I also found reason to stay in town beyond my first year. The Club has proven to be a "community" focused on more than just health and wellness. Michael Fox and his staff have opened the Club's doors to people in this valley who would otherwise have no opportunity to experience what the Club has to offer. You see, this isn't just about me and my need to indulge in my daily fitness regimen. Throughout the past 4 years, many groups of at-risk and economically challenged youth from here in the valley and across the country have been welcomed to the Aspen Club. It is thanks to the Club that the gap between the affluent and the underserved was made just a little bit smaller. It is because of the above that I fully support the Aspen Club redevelopment project currently before City Council. This is a progressive project that is appropriate for this town and will not only benefit those who live East of the roundabout, but those who reside in this entire valley. The Aspen Club is one of the largest employers in town and is a great place for members and the community to gather daily. The Club has been an integral part of the Aspen community for three decades and like most longstanding institutions, I completely understand its need to evolve as it continues to meet the growing needs of this valley. The project creates more reasons for visitors to come to Aspen, for locals like me to remain in town, and for the underserved to improve their health and wellness. After attending many PB,Z and Council meetings and listening to the concerns of many stakeholders, it appears that Michael Fox has been responsive to the concerns of neighbors and that all issues have been addressed in thoughtful ways. I especially appreciate their energy commitments and the fact that the project is fully aligned with the Aspen Area Community Plan in terms of transportation, housing, managing growth, economic sustainability and arts, culture and education. The Aspen Club adds a great deal of value to this community's quality of life. What happens to the Club will reverberate throughout this community. The upgraded Aspen Club will be great for the vitality of this valley. I urge you To give Michael and his staff at The Aspen Club your support for this project. Carleen Joseph Jessica Garrow From: Amanda Boxtel [aboxtel@comcast.net] Sent: Friday, March 19, 2010 11:05 AM To: Mick Ireland forward; hitorre@aol.com; Steve Skadron; Steve Skadron forward; Dwayne Romero; Dwayne Romero; djohnson@aspensnowmass.com; Jessica Garrow Subject: Letter from Amanda Boxtel in support of Aspen Club Living Friday, March 19, 2010 Dear Aspen City Council Members I am fully supportive of the Aspen Club and Spa re-development project titled Aspen Club Living. The project is a progressive land mark concept that combines holistic health with sustainable development. While the issue pertains largely to land use, I remind the governing leaders of our community who is at the helm of this project. Michael Fox is a respected businessman, he is compassionate, trustworthy, savvy, and has the interests of the community at mind. Michael has been responsive to the concerns of neighbors, P&Z and Council throughout the process. One of the most appealing aspects is the project's acceptance into the prestigious LEER- ND (Leadership in Energy and Environmental Design for Neighborhood Development) pilot program. The project is aligned with the Aspen Area Community Plan with regards to transportation through the submission of a comprehensive traffic study; offering affordable employee housing; managing growth; creating a low impact development that will wind up with a smaller carbon footprint than the buildings that exist today; while providing economic sustainability by serving as an integral part of the Aspen community. The Aspen Club is one of the few institutions left in town that encourages people in the community to gather employing over 200 individuals, serving 1,800 members who are mostly local, and accommodating weekly visitors involved with Aspen Sports Medicine, All Valley Women's Care, the Spa and Salon, Aspen Cycling and countless other programs. The Aspen Club and Spa also provides a platform for charities valley-wide to inspire and raise critical funds to sustain their programs. I firmly believe in Michael's commitment to see the project through while upgrading the existing thirty-year-old facility and ensuring that it remains a community asset for years to come. Aspen Club Living is an opportunity to provide a world class body, mind and spirit center combined with leading medical practitioners and cutting-edge technologies that can only expand the Aspen brand. The Aspen Club and Spa continues to impact my life. Twice a week I walk on their newest AlterG anti-gravity treadmill-a revolutionary approach to rehabilitation and athletic conditioning. With the use of this device and for the first time in 18 years of paralysis I am able to walk in the most normal unrestricted gait. I defy gravity in a pressure regulated machine and with determination I am able to work towards regaining function like never before. I am achieving something I never imagined possible. With such state-of--the-art technology, the Aspen Club and Spa stands out from the rest. It is the only facility within a hundred mile radius that owns an AlterG anti-gravity treadmill. I am reminded with sobering tears that I can be beautiful in my tallness and with a little help from my friends at the Aspen Club and Spa I can make my dreams my reality one baby step at a time. I encourage you to please support Michael Fox and the Aspen Club Living project Thank you, Amanda Boxtel Amanda Boxte/ PO Bar 3767 Ba~~all, C'O 81621 L'S_ 1 Ph: %70-379-9260 If"'ehrzle: ruavm/1n~uuclaBox6rl.rom 13/0: wwutanuurdirGoxlel.mord~e.~~.~~om "6e'bzle my epin«! Paz! injury look ma~raP my nfiilip~ to nad,C, i1 dirbt'l Inkr. am<g~ my abalzty~ ro c~rear~~. T urv m~akrng my rfreatn m}~ rre/ily nnr GaFry .rtcp nC u tln~e. " Jessica Garrow From: Eliza Mercanti [eliza.mercanti@gmail.com] Sent: Friday, March 19, 2010 3:16 PM To: Mick Ireland forward; hitorre@aol.com; Steve Skadron; Steve Skadron forward; Dwayne Romero; Dwayne Romero; djohnson@aspensnowmass.com; Jessica Garrow Subject: Aspen Club Living Project Deaz City Council, I believe you should approve the Aspen Club living project for two reasons. First, The Aspen Club is an Aspen institution. Second, the project will benefit members, employees, local athletes and non-profits, which ultimately encompass the majority of the Aspen community. For over 30 years, the Club has served the community as a tennis, then fitness and now wellness gathering place. Each evolution has improved services and offerings and has reflected the evolving needs of the Aspen community. It's not easy for a membership club to stay accessible and viable simultaneously, but The Aspen Club has done it. Valuable community assets are disappearing before our eyes daily, and over the yeazs, we have felt the impact of this loss. This project takes a great community asset and makes it better. Michael commits to not only improve the Club with a $5 million dollar investment, but also to build affordable housing for employees in excess of what is required for the development. He's dedicated private funding for many additional benefits including extended Ute trail access, a bus shelter on Ute Avenue, speed bumps on Ute Avenue; all part of a transportation plan with clear accountability. As part of this commitment to the community, The Aspen Club will continue operate as full-service wellness facility, which currently serves over 1800 members in addition to thousands of spa clients, sports medicine patients and a variety ofnon-profits. This project will allow the Club to become an even greater benefit to the community than it is today. While Aspen continues to struggle to determine who it serves, one thing is certain, we are a tourist economy. Yet, we don't yet have the kind of multi-day retreat, wellness and performance offerings that this next evolution of The Aspen Club proposes. We are a world class resort. We need to have a world class retreat center, club and spa for every walk of life to discover. Many generations of families will be able to spend time enhancing their well- being, health and performance, together. This is a unique idea that Aspen can be proud to offer. Programs and retreats delivered during shoulder seasons will benefit employees, restaurants, shops and lodging. As an additional benefit to this project, the city will collect taxes based on the sale and resale of the free market units; as well as benefit from less draw on the employee housing pool. The Aspen Club and the Aspen Club Living project has the large majority of the community's long time local support because we live work and play here everyday. We understand how important it is to support locally owned and operated businesses that serve the locals and visitors. We are truly aligned in this effort. However, the opposition is made up of second home owners and their PR firm, who don't want any change, regardless of how much it benefits the larger whole. The questions about the Club's permanence, being local serving and the guarantee that the project be finished, have been answered. We are so lucky to have a business owner in our town, which is willing to create and deliver a product so unique and exciting. Let's figure out how we can help! Sincerely, Eliza Mercanti 115 Boomerang Road, Unit 5401 Aspen, CO 1861 I Eliza Mercanti~~gmail.com r Jessica Garrow From: Gary Rappaport [garyr@venturian.com] Sent: Tuesday, March 09, 2010 5:11 PM To: Jessica Garrow Subject: Huh? Follow Up Flag: Follow up Flag Status: Completed Hi Jessica, Just perusing the revised proposed Ordnance regarding the Aspen Club Living project and happened on this set of paragraphs. Can you briefly tell me what the rationale for all this is? Thanks Gary B Rappaport Aspen Home: (970) 925-4155 Cell: (612) 309-1224 (a) The Club Owner hereby commits and agrees that from and after the date of issuance of the final Certificate of Occupancy for the Aspen Club Living project, and continuing for so long as the timeshare condominium form of ownership remains aCity-approved use of the Property, more than 50 percent of the dues-paying members of the Club will be holders of Resident Memberships in the Club. One of the criterion for a Resident Membership is that the holder reside in the Roaring Fork Valley for more than 6 months each year. (b) One year following the date of issuance of said final Certificate of Occupancy, and annually thereafter, the Club Owner will perform an audit of the ratio of Resident Memberships to Non-Resident Memberships in the Club and will deliver to the Community Development Department of the City of Aspen a written summary of the results of the audit accompanied by copies of the Club records and other data used in the conduct of the audit. (c) If any such audit concludes that less than SO percent of the dues-paying members of the Club hold Resident Memberships in the Club, the Club Owner will take whatever steps may be required to increase the ratio of Resident Membership vs. Non-Residential Memberships to greater than 50 percent. In the event the next annual audit reflects a continuing non-compliance with the requirement that Resident Memberships exceed SO percent of the total dues-paying Memberships in the Club, then the Club will offer free one-year Resident Memberships to any and all full- time City of Aspen employees that wish to be Club Members, such offer to remain in effect until an annual audit concludes that the Club is again in compliance with the requirement that Resident Memberships exceed 50 percent of the total dues-paying Memberships in the Club. When a compliance audit is obtained, each free Resident Membership held by a City employee will expire one year after the date on which the employee signed a Membership Agreement with the Club, and such employee will have the option of becoming adues-paying Resident Member of the Club or of allowing his or her Membership to expire. Free employee Memberships shall not count as Resident Memberships in determining the ratio of Resident Memberships to Non-Resident Memberships for audit purposes 1 Jessica Garrow From: Gary Rappaport [garyr@venturian.com] Sent: Thursday, March 11, 2010 12:19 PM To: Jessica Garrow Subject: RE: Huh? Thanks Jessica. Yes 1 heard about the postponement and will be here for it. "Open to locals' is no doubt a worthwhile objective, but to cure a 'default' in this requirement by handing out free memberships to City employees gives at least the appearance of creating a conflict of interest in the city's dealing with this application. I mean the cure looks weird. I'm not sure there are enough City employees to offset a severe imbalance situation anyway? I'd think a limit on the cost of membership (with COL adjustments) would serve the purpose better, but I could understand the applicant's reluctance to do that. For what it's worth. Regards, Gary B Rappaport Aspen Home: (970) 925-4155 Cell: (612) 309-1224 From: Jessica Garrow [mailto:Jessica.Garrow@ci.aspen.co.us] Sent: Wednesday, March 10, 2010 4:14 PM To: Gary Rappaport Subject: RE: Huh? Hi Gary- The applicant proposed this language in an effort to respond to Council's concern regarding membership at the Club. They want to make sure that the Club is still open to "locals" after the project is done. I don't know if they will think the proposal addresses their concerns, but it's a start. Also, did you hear that the hearing was continued to March 31"? it's a special meeting to just hear the Aspen Club project. Let me know if you have any other questions or want to chat about the project. Cheers, Jessica Jessica Garrow, AICP Long Range Planner City of Aspen Community Development Department 970.429.2780 www aspencommunityvision.com From: Gary Rappaport [mailto:garyr@venturian.com] Sent: Tuesday, March 09, 2010 5:11 PM To: Jessica Garrow Subject: Huh? Hi Jessica, Just perusing the revised proposed Ordnance regarding the Aspen Club Living project and happened on this set of paragraphs. Can you briefly tell me what the rationale for all this is? Thanks Gary B Rappaport Aspen Home: (970) 925-4155 Cell: (612) 309-1224 (a) The Club Owner hereby commits and agrees that from and after the date of issuance of the final Certificate of Occupancy for the Aspen Club Living project, and continuing for so long as the timeshare condominium form of ownership remains aCity-approved use of the Property, more than 50 percent of the dues-paying members of the Club will be holders of Resident Memberships in the Club. One of the criterion for a Resident Membership is that the holder reside in the Roaring Fork Valley for more than 6 months each year. (b) One year following the date of issuance of said final Certificate of Occupancy, and annually thereafter, the Club Owner will perform an audit of the ratio of Resident Memberships to Non-Resident Memberships in the Club and will deliver to the Community Development Department of the City of Aspen a written summary of the results of the audit accompanied by copies of the Club records and other data used in the conduct of the audit. (c) If any such audit concludes that less than 50 percent of the dues-paying members of the Club hold Resident Memberships in the Club, the Club Owner will take whatever steps may be required to increase the ratio of Resident Membership vs. Non-Residential Memberships to greater than 50 percent. In the event the next annual audit reflects a continuing non-compliance with the requirement that Resident Memberships exceed 50 percent of the total dues-paying Memberships in the Club, then the Club will offer free one-year Resident Memberships to any and all full- time City of Aspen employees that wish to be Club Members, such offer to remain in effect until an annual audit concludes that the Club is again in compliance with the requirement that Resident Memberships exceed 50 percent of the total dues-paying Memberships in the Club. When a compliance audit is obtained, each free Resident Membership held by a City employee will expire one year after the date on which the employee signed a Membership Agreement with the Club, and such employee will have the option of becoming adues-paying Resident Member of the Club or of allowing his or her Membership to expire. Free employee Memberships shall not count as Resident Memberships in determining the ratio of Resident Memberships to Non-Resident Memberships for audit purposes z Donna Rowlands 770 Cemetery Lane Aspen, CO 81611 March 16, 2010 Dear Mayor Ireland and City Council; As a concerned citizen I am asking that you do not approve the Aspen Club's proposal of 20 timeshare units, 12 employee housing units and 41 new parking spaces. I am opposed to this proposal because it does not adhere to the Land Use Code. It would totally alter the character of the neighborhood. This type and scale of construction is better suited to the commercial core or better still, to Vail. This development does NOT provide a "great public benefit". It is in private hands for use by its members and timeshare owners. It offers no benefit to me. Please say no to this proposal. Sincerely, Donna Rowlands March 18, 2010 Mayor Mick Ireland and Aspen City Council: I oppose the Aspen Club's proposal for redevelopment for all the reasons that are so evident: Far too large and all encompassing; we do not benefit from more units designed for second home owners, we do not benefit by adding more time share units to the community. This town needs to seriously consider what it means to continually develop for the wealthy, for second home owners, and time share. We're being diminished as an historic, intimate, highly valued community... for money. Elizabeth Farson 155 Lone Pine Road, B-6 Aspen, CO 81611 Dear Mayor and Councilmembers: March 18, 2010 I am a resident of 36 Ute Place, Aspen. I am opposed to the proposed development of the Aspen Club. My objection is based on the following points: 1. The application does not meet the requirements of the Land Use Code, nor does it meet the requirements of the Timeshare Ordinance. The Timeshare Ordinance intends to protect the character and quality of neighborhoods impacted by timeshare development. In this case, the subject zone is aRural-Residential zone, NOT a commercial or lodge zone where timeshares are required to be located. This is a slippery slope, inasmuch as a precedent would be set to allow timeshares anywhere outside the commercial area 2. The application also does not meet the requirements of the Aspen Area Community Plan (AACP) which requires that lodges, such as this one, be built in the Aspen core area. 3. No zoning variance shall be gamed where, as here, there is no public benefit, only benefits for the timeshare owners and their guests. 4. The proposed development will generate at least 10-15% increased traffic along Ute Avenue, based on traffic studies which predict increased traffic generation. The Ctub's application does not predict future traffic impacts attributed to the units .In addition, it is fair to say that the timeshares will be operated as a hotel, with attendant service and maintenance traffic. In addition, there is no enforcement mechanism to guarantee compliance with the traffic demand management plan. 5. The size and massing of the proposed development is incomparible with the nuaUresidentiaVsingle family dominated uses along Ute Avenue and in the vicinity of the project, which will irrevocably alter the natural tranquility of the azea For the foregoing reasons, I respectfully request denial of the Application and variance. Thank you. urs tnily, /~ JOS H L.L. FE~~ 36,Ute Place, Aspen. (510) 701-0773 celU (970)925-3654 hm Loretta DeRose 1039 Cooper St. CRF#18 Aspen, CO 81611 March 15, 2010 Dear City Council and Mayor Mick Ireland, This letter is in response to the Aspen Club's plan to develop a fractional ownership hotel. This year in Aspen occupancy has dropped. The economy of the country does not warrant the need for more development. I own a hotel in the Hamptons, Long Island, NY. As in Aspen, occupancy has dropped. Places without mortgages can survive. Businesses that are financed are having a hard time. I can see a fractional hotel being built, not being financially successful and our government having to bail out the lending agencies. Individuals and corporations alike should not be creating debt. The next issue is the visual aspect of the hotel. It will not add to the beauty of Aspen. Aspen's charm is open space. Leave well enough alone. Another fractional hotel is not needed and will be a negative financially and esthetically for the town. The Aspen City Council will be doing the developers and the city a favor by denying the application. Very truly yours, '~ c~~~~. ~~~~ ~ Loretta DeRose March 17, 2010 Mayor Ireland and Aspen City Council, 1 was shocked and appalled to read that the City Council was even considering the Aspen Club's application for their proposed 188,970 sq. ft. development. The fact that the area is not zoned for anything of the sort is reason enough to oppose it, but hasn't anyone noticed the huge structural skeletons that already exist in town? These are failed time share and mixed use projects that are a blight on our beautiful city, and never should have been approved in the first place! The fractional resorts that are here already are struggling to sell their inventory, and there is a huge glut of re-sales for which there are few takers. I cannot think of a worse location or more ill conceived development to foist on one of the most beautiful areas in Aspen. What ever happened to growth control? Our friends from Vail plan to move here to escape what they call "Vailmart". Please do not let us slip into that same mode. Roberta Allen Miller 907 Waters Ave. Aspen, CO 81611 970-925-7668 March 18, 2010 Mayor Mick Ireland and Councilmen Steve Skadron, Dwayne Romero, and Derek Johnson Gentlemen: Re: Aspen Club Development Application My wife, children plus eleven grandchildren and I have lived at 1105 Ute for the last 18 years. We have watched the deterioration of Ute Avenue after the Butero fiasco when traffic was changed from 82 to Ute. The speeding cars, noisy trucks and vans have made living on the street less safe and less pleasant. Now the new proposal not only violates the land use code and a host of other ordinances, but it goes to the heart of what is the "right thing to do" on the part of the elected officials and employees of the City. The applicant is asking the City to change the rules to save the Club. This ploy was tried before. 1 am a businessman, and we all know the only way for a business to succeed is with a workable business plan and not by a one time payoff for the investors. This proposed developp~ent is'WRONG". Please do not approve this project. TH AS B. COLEMA 1105 ast Ute Aspen, Colorado 8161 Phone: (970) 925-6197 - ' Cell: (917) 685-5240 TBC:et March 11, 2010 Dear City Council, My name is Tim Murray, and 1 am writing to express my concerns regarding the Aspen Club Development Proposal. To me, there is one selling point the Club has pushed throughout this entire proposal process: that the expansion of the Club will be good for the Aspen community. This point rings too familiar with the early marketing strategies of cigarette manufactures, that you should buy cigarettes because they are healthy for you. In the end, neither is true. The Aspen Club, a privately owned and members-only club, is asking Council to bend the rules. Let's take the competing Aspen Recreation Center for example: the Rec Center does not break even or turn a profit, so it can be said that it is subsidized by the taxpayers. If the Aspen Club would like to guarantee the shortfalls in operating costs of the City's competing Recreation Center, will the Council be asked to hear their plea for the privilege to have a timeshare hotel, in effect a bailout, of a club that fails to make enough income to satisfy its greedy owners? In short, the City is being asked to bailout a failing club that is in competition with the City's own club, which gets bailed out on a regular basis. 1 think the obvious answer is to let free market competition rule and let the Aspen Club die if so be it. The Council should at least have enough respect for the taxpayer's enormous investment in the newer Recreation Center, and insist on some kind of compensation to protect the investment. The point to consider remains: are we using public resources to hear an argument that may well cause the shortfalls of the Recreation Center to increase? Tim Murray 1275 Riverside Drive Aspen, CO 81611 To: Mayor Mick Ireland, Councilmen Steve Skadron, Dwayne Romero, & Derek Johnson Re: The Aspen Club Proposed Development March 22, 2010 The proposal before the Council to create a 188,000 square foot timeshare facility and expansion at the Aspen Club presents many negative issues: 1) The Aspen Area Community Plan specifically states that timeshare units will not be allowed in residential areas. There was clear intent in the thinking that point to this as a protection. This neighborhood is zoned rural residential. It is NOT zoned for lodging. The area will be heavily impacted by a development of this scope. 2) The TDM (Traffic Demand Management plan) does put forth many ways to mitigate the traffic. Unfortunately, none of them are enforceable. When Dick Butera promised to mitigate traffic coming into the Club on Ute, there was no enforcement. Whether it is the fault of the turnover of government or the laxity by the Club, the fact is that enforcement has not happened. We have no reason to think that enforcement will happen in the future. The Club's claim that it will not increase traffic is not realistic. A timeshare project of 40 units (with lock offs) has to increase daily car trips. Not only will there be more truck traffic, delivery vehicles, garbage pick-ups, but also the guests who come to stay there will want to go to town to restaurants and shops, the ski areas and all the other sites the valley has to offer. I suspect much of it will be in cars. Getting all the employees (which would obviously increase) to magically get to the club by shuttle is wishful thinking, and again, hardly enforceable. 3) The main developer, Michael Fox, only owns 35% of this project. His investors obviously would like to see some profit. He may, just like Butera, turn around and sell the Club once he receives approvals for development. Why does he have the right to cause such a huge change for our residential neighborhood? This is still a private club, not a public facility. So is this expansion really a "public benefit"? We-the neighbors of the Club-are also "the public," and if this is approved, it will cause the loss of the quiet, residential quality of our neighborhood and Ute Avenue forever. 4) It is not the responsibility of the City to guarantee that the Aspen Club stays in business by allowing them to develop a large commercial lodging venture in our residential area. Therefore, we respectfully request that you uphold the current zoning and vote NO. Linda and Gary Nathanson 1271 Ute Avenue To: Mayor Mick Ireland and Councilmen Steve Skadron, Dwayne Romero and Derick Johnson Re: Aspen Club development application DT: March 22, 2010 Council should direct a question to the developer: Why don't you improve your energy efficient now? If these efficiency actions can be applied under development, many (or most) of them can be done currently. So, is it a distracting "bribe" that is being offered? But more importantly, the issue before Council is not about energy efficiency. The issue is one of land use. Allowing improper land use -however energy efficient - is not in the public interest. One can build a very energy-efficient 30-story building on Main Street, but that is neither proper nor desired land use, however "green". Council needs to focus on the core issue: land use. And the proposed development is not proper land use for that sector of the City, nor is it in accord with the AACP. Jim DeFrancia 17 Ute Place Aspen, CO 81611 From: Kent Reed <irkentCa~mac.com> Date: March 24, 2010 10:49:42 AM MDT To: Dwayne RomeroCc~ci.aspen.co.us, Steve SkadronC~ci.aspen.co.us, Torre(a~ci.aspen.co.us, Derek.JohnsonCa)ci.aspen.co.us, Mick.lrelandCc~ci.aspen.co.us Subject: Aspen Club Extension Dear Council Member: I want to voice my concern about the proposed expansion of the ASPEN CLUB. We are already experiencing urban sprawl and density in the downtown core (with a number of projects halted)...and now it seems this out-of-proportion proliferation is spreading to the suburbs. Please vote no on this issue. Kent Reed Irkent,~a mac.com ~n~e,Yec~ 3 X31 201 v Citizens for Preservation of Zoning Petition Opposing Aspen Club LLC's Redevelopment Application We, as citizens of the Roaring Fork Valley, have come together under this petition to voice our disapproval of the Aspen Club redevelopment application. We feel that the building of 20 fractional ownership units -14 townhomes and six condominiums -operating as a hotel in a neighborhood zoned as Rural-Residential, is inappropriate. Rather than complying with the City's development guidelines and regulations, the Club is asking for a variance to change the zoning to allow for these timeshares. We believe the City Council must respect the integrity of the Land Use Code and the Aspen Area Community Plan and reject this proposal. The attached fact sheet explains our rationale in more detail. 1. John McBride 5463 E Sopris Creek Rd. Snowmass 2. Thomas Coleman 1105 S Ute Ave. Aspen 3. Loretta DeRose 713 Durant Ave. Aspen 4. Betty Buckley 326 Midland Ave. Aspen 5. Karen Kribs 631 S Galena St. Aspen 6. Olive Siegesmund 1024 E Hopkins Ave Aspen 7. Susan Rappaport 1115 S Ute Ave Asgen 8. Linda McCausland 609 W. Francis St. Asgen 9. 10. 11. Peter Meinig Nancy Meinig Marv Ann Dickie 74 Ute PI Aspen 74 Ute PI Aspen 718 S Galena St. Aspen 12. Sean Sebastian 1279 S Ute Ave. Aspen 13. Thomas Reagan 0125 Stillwater Ln Aspen 14. Clifton Morris 1275 S Ute. Ave. Aspen 15. Gordon Dickie 718 S Galena St Aspen 16. Dathel Coleman 1105 S Ute Ave. Aspen 17. Dusty Hamrick 1315 Riverside Dr. Aspen 18. Jennifer Hearn 23 Aspen Village Snowmass 19. Tatnall Hillman 504 W Sleeker St Aspen 20. Gary Nathanson 1271 S Ute Ave Aspen 21. Jack Leenev 525 S Original St. Aspen 22. Roberta Miller 907 Waters Ave. Aspen 23. Allen Chozen 971 S Ute Ave. Aspen 24. Susan O'Neal 205 E Durant Ave. Aspen 25. Lawrence Rosenfield 1119 Vine St. Aspen 26. Donna Rowlands 770 Cemetery Ln. Aspen 27. John Georges 1095 S Ute Ave. Aspen 28. Patty Simpson 116 Maple Ln. Aspen 29. Ron Hodge 10 Aspen Mountain Rd. Aspen 30. Bo Hale 42 Lazv Gln. Snowmass 31. Vicki Hale 42 Lazv Gln Snowmass 32. 33. Susan Welsh Jeff Novak 10 Ute PI. Aspen 1463 S Ute Ave. Aspen 34. Kathy Novak 1463 S Ute Ave. Aspen 35. Irma Prodinger 0210 Draw Dr. Aspen 36. Lorie D' Alessio 0031 Ute. Carbondale 37. Chuck Meyer 851 Ute Ave. Unit D. Aspen 38. Carol Mever 851 Ute Ave. Unit D. Aspen 39. 40. 41. Joseph Felson Sherry Felson Kelly Lasher 36 Ute PI Aspen 36 Ute PI. Aspen 1419 Crystal Lake Road. Aspen 42. Richard Friedman 851 Ute Ave Unit C. Aspen 43. Junee Kirk 0059 Herron Hollow Rd. Aspen 44. Betty Farson 155 Lone Pine Rd B-6. Aspen 45. Joe Myers 421 W Hallam St. Aspen 46. Jennine Hough 421 W Hallam St. Aspen 47. 48. Jim DeFrancia Rob Merritt 17 Ute PI Aspen 51 Twin Ridge Drive. Aspen 49. Tim Coonev Billings Place Condos Aspen Mountain Rd. Aspen 50. Michael McGarry 710 Castle Ridge Aspen 51. Julie Ford 851 Ute Ave Unit B. Aspen 52. Margo Winkler 851 S Ute Ave Aspen 53. Angela Young 413 W Hopkins Ave Aspen 54. Charles Hopton 0149E Lupine Drive 55. Allison Miller 101 Lone Pine Rd. Aspen 56. Peggv Mason 24 McSkimming Rd. Aspen 57. Paul Copaken 62 Ute PI Aspen 58. Tim Murrav 1275 Riverside Drive. Aspen 59. Tim Reed Prooector Rd. Aspen 60. Jasmine Tvgre 1050E Waters Ave.. #4 Aspen 61. Paul Youno 413 W Hopkins Ave Aspen 62. Ann Blackwell 124 E. Durant Ave.. Aspen 63. Clarence Blackwell 124E Durant Ave.. Aspen 64. Jeremy Bernstein 305 South Aspen St.. Aspen 65. Marv Janss 403 W Hallam. Aspen 66. Patsv Malone 0098 Glen Dee Rd.. Aspen 67. Linda Nathanson 1271 S Ute Ave. Aspen 68. Janet Guthrie PO Box 505. Aspen 69. Mike Flack P O Box 266 Woodv Creek 70. Sherrie Flack P.O Box 266 Woodv Creek 71. Bernard Mirin 904 Vine St. Aspen 72. Pat Sharp P O Box 7681 Aspen 73. Alan Brooks 1129 Vine St.. Aspen 74. Martin Horowitz 0798 Mountain Laurel Dr., Aspen 75. Dwight Shelman 0191 Woods Rd.. Woodv Creek 76. Gary Rappaport 1115 S Ute Ave Aspen 77. Suzanne Caskv 100 N. 8th Street, Aspen 78. Shirley Millard P.O. Box 6147. Snowmass Village 79. Marvbelle R Payne 352 Glen Eagle Dr.. Aspen 80. Deborah Krohn 1292 Ute Ave. Aspen 81. Denise Lock 320 Hyman Ave. Aspen 82. Sandy Simpson 864 Cemetery Lane. Aspen 83. Diane Stouffer 0044 Tumbledown Lane. Aspen 84. Jack B Caskev 100 N. 8th St. #30. Aspen 85. Lani White 909 Spruce St., Aspen 86. Ursular Freudiger 96 McSkimming Rd Aspen 87. Jan Fox 1525 Silver King Dr. Aspen 88. Joan Lebach 1322 Vine St. Aspen 89. James Jenkins 0269 Heather Ln. Aspen 90. Jane Jenkins 0269 Heather Ln. Aspen 91. Peter Mocklin 145 Miners Trail Rd. Aspen 92. Monica Mocklin 145 Miners Trail Rd. Aspen 93. Justine Rieke 3048 Country Rd 331. Silt 94. Ellen Halllett 113 14'" St Glenwood Springs 95. Chris Faison 0143 W. Lupine Drive. Aspen 96. David Hanner 1151 County Rd 106. Carbondale 97. Amanda Charles 9 Deer Run Carbondale 98. Leslie Holst 1118 Waters Ave. Aspen 99. Jim Smith 600 E. Main St.. Aspen 100 . Nicole Hammes 116 Robinson Road. Aspen 101 . Holly Reed 1114E Waters Ave. Aspen 102 . Dathel C Georges 1095 S Ute Ave Aspen 103 . Linda Harlan 601 S West end. #7, Aspen 104 . Bunni Copaken 62 Ute PI, Aspen 105. Jill Chozen 971 S Ute Ave. Aspen 106. Alex Forsythe 5501 Owl Creek Rd #22 Snowmass Village 107. Lindsay Smith 600 E. Main St.. Aspen 108. Sally Faison 0143 W. Lupine Drive. Aspen 109. Tom Payne 325 Glen Eagles Drive. Aspen 110. Bill Sharp P.O. Box 7681. Aspen 111. Jason Burns 133 Prospector Rd #4205. Aspen 112. Kent Reed Aspen 113. Andy Ross Aspen 114. Cary Thompson Aspen D.~xtv~atmt GRCxtP I.I.c Strste4ic \Lsrkeling A' Wblic ltelxtiona FACT SHEET Aspen Club Development Application March 10, 2010 What is Proposed: • 20 timeshare units (14 townhomes and 6 condominiums) with 20 lock off rooms operating as a hotel; 12 employee housing units; 41 more parking spaces (for a total of 132) The Facts: 1. The application does not meet the requirements of the Land Use Code. 2. The Timeshare Ordinance of the Land Use Code pledges to protect the character of its residential neighborhoods from the impacts of timeshare development by limiting their use to the lodge and commercial zone districts. The Club is located in aRural-Residential zone. 3. The proposal does not meet ALL provisions of the Aspen Area Community Plan as required. 4. The Aspen Area Community Plan (AACP) states that lodges should be built in the core. 5. The proposed development is 188,970 sq ft (above & below grade). That is 2'~4 times greater than the current size and 42% larger than the Glenwood Wal-Mart. 6. The mass and scale of the development is incompatible with this rural, riparian, public area. Views of Aspen Mountain from the public trail will be blocked by the timeshares. It will change the character of this tranquil area forever. 7. To receive the required zoning variance, the development must provide a "great public benefit". Other than a few proposed programs, there are no public benefits. The Club will remain in private hands and general use will be for its members, timeshare owners and their guests, not the public at large. 8. There is no assurance the Club will remain affordable to locals in perpetuity. 9. The Club claims there will be no net increase in traffic from the project. This claim that the expansion will create "no impacts" on traffic or on the Club's carbon footprint is absurd. 10. The timeshare units will operate as a hotel, requiring maintenance and service vehicle trips, which will compound the traffic and environmental impacts. 11. The Club's Traffic Demand Management plan assumes all traffic generated by the development will be mitigated by the traffic reduction strategies in the plan. Our traffic engineer has never conducted or reviewed a traffic study that claims zero growth in traffic due to a TDM plan. 12. The traffic demand management plan contains no enforcement mechanisms. Traffic experts say without adding large monetary incentives or restrictions like paid parking, there is no motivation for people to use alternative transportation, so the plan will reduce trips only slightly. 13. The Club has not complied with previous traffic management requirements. How can citizens trust that they will honor new promises to reduce traffic? 14. The Club claims it cannot survive without creating a real estate development. It is not the obligation of the City to help make any private business more profitable. 15. If approved, this would set a dangerous precedent, opening the door for every developer who wants to build timeshares outside the commercial core. For more information, contact Darnauer Group Communications, 970-925-9010, or allison@darnauer.com Page 1 of 2 From: "Junee Kirk" <junee.kirk@comcast.net> To: "Allison Miller" <allison@darnauer.com> Sent: Monday, March 29, 2010 7:22 PM Attach: ASPEN CLUB EXPANSION FACT SHEET.pdf Subject: Fw: Can we add your name to a list in Opposition? Linda Harlan, 601 S. West end. #7, Aspen, Co. is opposed to this proprosal and the existing traffic on this street.. Please add her name to the fist. The Aspen Club Development :Impacts on Density, Wildlife, Traffic, 8 Character of Neighborhood, 8~ as PUD ,is contrary to existing code: 1. The Aspen Club redevelopment proposal does NOT comply with the existing Land Use Code requirements. The developer is asking to change the existing zoning to allow timeshares. The code 2. Total size_of the new Aspen Club e 18~.~9"?0 sq. ft. (above and below grade. This is the equivalent to more than ~ ~~nc~ ~ i2 Wal : <;!~ts, with over 94,000 sf. feet of the development above ground, impa_cting_our views from. the Ute Trail. ?"mat's 2-114 times LAR' ;he existing Aspen CI~,~;_ 3. These timeshares will negatively impact the densi~ of the neighborhood. 4. The redevelopment of the Aspen Club site will occur nex~ to the lei=~tv~ic Benedict site. It will negatively impact public views from the trail systems. It is at the entrance to our Nature Preserve, and is loc: Beautiful riparian zone of the Robing Fork River. 5. This high end density project will produce more traffic, negatively impact Ute Avenue, because the Club has not included any enforcement "teeth" in its traffic mitigation plans. 6. This huge development will forever change the rural character of the neighborhood. The proposal does NOT comply with the Aspen Area Community Plan. 7. There are no guarantees that the Aspen Club will continue to function as a club once the zoning change is granted. Finally, this application does NOT benefit the community in general, but only existing club members, and it does NOT guarantee any community benefits in perpetuity, but only guarantees the negative impact in the future to this existing, rural neighborhood. What you can do to help 1. Please attend the ~ ~ ~~ `~~;e,r~ ~s~~ ~c~~~l-~~:~Y s>ry~~i~a-~~.b ~~~ ~~ ~ta't to voice your concerns to Council. If you need further information or have questions, you may contact Darnauer Group Communications at 925-9010 x201 or x203. Attached is a fact sheet from them with additional information. 2. ~c~',i.- ~; ; ,,; ~nCl As~.~en Tim _-~, either by delivering them personally, or go on line to Letters to the Editor, submit a letter, etc. 3. Email your Councilmen: Mick@sopris.net; Torre: hitorre@aol.com; Steve Skadron 3/29/2010 Page 2 of 2 steve,skadron@ci.aspen.co.us; Steve Skadron skadron@comcast.net Dwayne Romero dwayner a~ci.aspen.co.us ;Dwayne Romero dwayne.romero@ci.aspen.co.us ;Derek Johnson djohnson@_as_pensnowmass_._com 4. Please let Darnauer Group know if they can :add your name to the list of those opposing these enormous development plans by ~r~.<<~iliat.~ allison@darnauer.com. For latest information on City Council concerns, go to http:l/www.aspendailynews.comlrecent/2010/03/05 Page l of 2 Justine From: "Jeremy Bernstein" <jbernste@earthlink.net> To: "Junee Kirk" <junee.kirk@comcast.net> Sent: Thursday, March 25, 2010 11:35 AM Subject: Re: Can we add your name to a list in Opposition? yes ----Original Message ----- From: Junee Kirk To: ZZZ Sent: Thursday, March 25, 2010 9:23 AM I Subject: Fw: Can we add your name to a list in Opposition? The Aspen Club Development :Impacts on Density, Wildlife, Traffic, 8~ Character of Neighborhood, ~ as PUD ,is contrary to existing code: 1. The Aspen Club redevelopment proposal does NOT comply with the existing_Land Use Code requirements. The developer is asking to change the existing zoning to allow timeshares. The 2. Total size of the new Aspen Club :-ia Ise 188.970 sq. ft. (above and below grade). This is the equivalent to more than 1 and 1!~ Wal-Darts, with over 94,000 sf. feet of the development above ground, im acting our views_from the Ute Trail. That's 2-114 times LARGER than the existing Aspen Club. 3. These timeshares will negatively impact the density of the. neighborhood. 4. The redevelopment of the Aspen Club site will occur next to the historic_Benedict site_It will negatively impact public views from the trail systems. It is at the entrance to our Nature Preserve, and is Ic}c:.?=.ad along the beautiful riparian zone of the Roaring Fork River. 5. This high end density project will produce more traffic, negatively impact Ute Avenue, because the Club has not included any enforcement "teeth" in its trafFc mitigation plans. 6. This huge development will forever change the rural character of the neighborhood. The proposal does NOT comply with the Aspen Area Community Plan. 7. There are no guarantees that the Aspen Club will continue to function as a club once the zoning change is granted. Finally, this application does NOT benefit the community in general, but only existing club members, and it does NOT guarantee any community benefits in perpetuity, but only guarantees the negative impact in the future to this existing, rural neighborhood. 1. Please attend the IV~~i'cl7 :3 `f~~ :~~~~el~ ~R~y ~:~~st,~ncil nreeeting at 5 pm to voice your concerns to Council. If you need further information or have questions, you may contact Darnauer Group Communications at 925-9010 x201 or x203. Attached is a fact sheet from them with additional information. 2. Write a letter to Aspen Daily News, and Aspen Timis either by delivering them personally, or go on line to 3/25/2010 Page 2 of 2 Letters to the Editor, submit a letter. etc. 3. Email your Councilmen: Mick@sopris.net; Torre: hitorre@aol.com; Steve Skadron steve.skadron ci.aspen.co.us; Steve Skadron skadrgn_@comcast.net Dwayne Romero dwayner@c.aspen co.us ;Dwayne Romero dwayne romero a~ci aspen co.us ;Derek Johnson djohnson@aspensnowmass.com 4. Please let Darnauer Group know if they can add your name to the list of those opposing these enormous development plans by emailing allison ar7darnauer.com. For latest information on City Council concerns, go to http:l/www.aspendailynews.comlrecent/2010l03/05 3/25/2010 Page 1 of 2 From: "cablackwell" <cablackwell@gmail.com> To: "Junee Kirk" <junee.kirk@comcast.net> Sent: Thursday, March 25, 2010 10:50 AM Subject: Re: Fw: Can we add your name to a list in Opposition? Junee, We tried adding our name to list through Allison's a-mail, but I'm not sure it worked.. Please check for us.for us. Thanks, Anne and Clarence Blackwell On Thu, Mar 25, 2010 at 10:11 AM, Junee Kirk <junee.kirk comc_ast.net> wrote: The Aspen Club Development :Impacts on Density, Wildlife, Traffic, 8~ Character of Neighborhood, & contrary to existing code: 1. The Aspen Club redevelopment proposal does NOT comply with the existing Land Use Code. requirements. The developer is asking to change the existing zoning to allow timeshares. The code specifically states that all time shares belong in the commercial core and lodging zones and NOT rural, residential neighborhoods. 2. Total size of the new Aspen Club_vvill be 188.970 sq. ft. (above and below grade). This is the equivalent to more. than 1 and i!2 Wal-Marts, with over 94,000 sf. feet of the development above ground, impactng_our views from the Ute Trail. That's 2-1!4 tin~cs LRFZG~ R than the existing Aspen CIul7. __ 3. These timeshares will negatively impact the density of the neighborhood. 4. The redevelopment of the Aspen Club site will occur next to the Historic C3enedict site. It will negatively impact public views from the trail systems. It is at the entrance to our Nature Preserve, and is Ioc~Bted alo,res the k~e~~utiful s~iparian zone cif ti?e Roaring ~o.~,, '; ';•~c,. 5. This high end density project will produce more traffic, negatively impact Ute Avenue, because the Club has not included any enforcement "teeth" in its traffic mitigation plans. 6. This huge development will forever change the rural character of the neighborhood. The proposal does NOT comply with the Aspen Area Community Plan. 7. There are no guarantees that the Aspen Club will continue to function as a club once the zoning change is granted. Finally, this application does NOT benefit the community in general, but only existing club members, and it does NOT guarantee any community benefits in perpetuity, but only guarantees the negative impact in the future to this existing, rural neighborhood. 10~"6r~t ',~vt3 c~t~ ~a:~ ~: help: 1. Please attend the fVlar°~~~ 1st aspen pity Council meeting at 5 pm to voice your concerns to Council. If you need further information or have questions, you may contact Darnauer Group Communications at 925-9010 x201 or x203. Attached is a fact sheet from them with additional information. 2. ~_`~~! ~+. ~ a ~.~r-,, !~.~~ ,~ , ,~r~, Daily N :. .:?nd i~.~,~, ~:~-~ T,r;:~~s either by delivering them personally, or go on line to Letters to the Editor, submit a letter. etc. 3/25/2010 Page 2 of 2 3. Email your Councilmen: Mick@sopris.net; Torre: hito_rr~aol.,_com; Steve Skadron _steve.skadron ci.aspen.co.us; Steve Skadron skadron@comcast.net Dwayne Romero dwayner@ci.aspen.co.us ;Dwayne Romero dwayne.romero@ci.aspen.co.us ;Derek Johnson djohnson@aspensnowmass,c_om 4. Please let Damauer Group know if they can add your name to the list of those opposing these enormous development plans by emaiiing allison@darnauer.com. For latest information on City Council concerns, go to http://www.aspendailynews.com/recent/2010/03105 3/25/2010 Page 1 of 2 From: "Joany Lebach" <joanylebach~a yahoo.com> To: "Junee Kirk" <junee.kirk@comcast.net> Sent: Monday, March 29, 2010 2:25 AM Subject: Re: Can we add your name to a list in Opposition? yes. ok. thanks for doing all this. --- On Thu, 3/25/10, Junee Kirk <june~kirk@comcas~net> wrote: From: Junee Kirk <junee.kirk cr comcast.net> Subject: Can we add your name to a list in Opposition? To: "ZZZ" <junee.kirk@comcast.net> Date: Thursday, March 25, 2010, 9:54 AM The Aspen Club Development :Impacts on Density, Wildlife, Traffic, 8 Character of Neighborhood, 8~ contrary to existing code: 1. The Aspen Club redevelopment proposal does NOT comply with_the existing Land Use Code requirements. The developer is asking to change the existing Zoning to allow timeshares. 2. Total_size of the new Aspen Club ,:viii be; ~18~.970 sq. ft. (above and below grade). This is the equivalent to more than 1 and 112 Wal Marts, with over 94,000 sf. feet of the development above ground, impacting our. views from the Ute_Tr_a_il, That's 2-114 times LARGER than the existing Aspen Cl~st~. 3. These timeshares will negatively impact the density_of the_neighborhood. 4. The redevelopment of the Aspen Club site will occur next to the historic_3enec~~c~ site. It will negatively impact public views from the trail systems. It is at the entrance to our Nature Preserve, and is located along the beautiful riparian zone of tP~e ijaaring Fork Rive 5. This high end density project will produce more traffic, negatively impact Ute Avenue, because the Club has not included any enforcement "teeth" in its traffic mitigation plans. 6. This huge development will forever change the rural character of the neighborhood. The proposal does NOT comply with the Aspen Area Community Plan. 7. There are no guarantees that the Aspen Club will continue to function as a club once the zoning change is granted. Finally, this application does NOT benefit the community in general, but only existing club members, and it does NOT guarantee any community benefits in perpetuity, but only guarantees the negative impact in the future to this existing, rural neighborhood. 1IVh~t you ~;~~~ rio to lie l~: 1. Please attend the ~~rc~ 3'~~t e~~~er>; City COtatti~9k t~ea;l:Nt~g at ~ prxl to voice your concerns to Council. If you need further information or have questions, you may contact Darnauer Group Communications at 925-9010 x201 or x203. Attached is a fact sheet from them with additional information. 3/29/2010 Page 2 of 2 2. Wriie ~, letter to Asr>e;, C?_~ w ~~.°f,~s ai,d Aspen Tunes. either by delivering them personally, or go on line to Letters to the Editor, submit a letter, etc. 3. Email your Councilmen: Mick@so~ris net; Torre: hitorre@aol.co_m; _ Steve Skadron steve.skadron ci.aspen.co.us; Steve Skadron skadr_on~a comcast.net Dwayne Romero dw_ayner@ci.aspen.co.us ;Dwayne Romero dwayne.romero_@ci.aspen.co.us; DerekJohnson djohnson@espensnowmass.com 4. Please let Darnauer Group know if they can add your name to the list of those opposing these enormous development plans by emailing allison@darnauer.com. For latest information on City Council concerns, go to http:/1www.aspendailynews.com/recent/2010/03/05 3/29/2010 Page l of 2 Justine From: "donnarowlands" <donnarowlands@comcast.net> To: "Junee Kirk" <junee.kirk@comcast.net> Sent: Thursday, March 25, 2010 10:50 AM Subject: Re: Can we add your name to a list in Opposition? My name is already on your list and letters from me were in both papers yesterday. i can't come to the march 31 meeting as I have my 5 year old granddaughter moving in for 10 days. Did you read Amanda Boctel's letter in the papers today/ Well written but I will bet anything she is comped on all services. --- Original Message --- From: Junee Kirk To: ZZZ Sent: Thursday, March 25, 2010 9:54 AM Subject: Can we add your name to a list in Opposition? The Aspen Club Development :Impacts on Density, Wildlife, Traffic, & Character of Neighborhood, S contrary to existing code: 1. The Aspen Club redevelopment proposal does NOT comply with the existing Land Use Code requirements. The developer is asking to change the existing zoning to allow timeshares. The code specifically_states that all time shares belong in the commercial core and lodging zones and NOT rural, residentia_I_neighborhoods. 2. Total size of the new_Aspen Club will be 188.970 sq. ft. (above and below grade). This is the equivalent to_more than 1 and 112 Wal-Marts, with over 94,000 sf. feet of the development above ground, i_pactingour views from th_e_ Ute Trail. That's 2-1i4 times LARGER than the existing Aspen Club. 3. These timeshares will negatively impact the density_of_the ne_igh_borhood. 4. The redevelopment of the Aspen Club site will occur R~~xt to the historic Benedict sito._It will negatively impact public views from the trail systems. It is at the entrance to our Nature Preserve, and i~ locate cEiC;fiC; file beautiful rihariai~ zone of the Roat~in_~ '_~,,~;,:. %~ver. 5. This high end density project will produce more traffic, negatively impact Ute Avenue, because the Club has not included any enforcement "teeth" in its traffic mitigation plans. 6. This huge development will forever change the rural character of the neighborhood. The proposal does NOT comply with the Aspen Area Community Plan. 7. There are no guarantees that the Aspen Club will continue to function as a club once the zoning change is granted. Finally, this application does NOT benefit the community in general, but only existing club members, and it does NOT guarantee any community benefits in perpetuity, but only guarantees the negative impact in the future to this existing, rural neighborhood. What yot~ can Rio to help: 1. Please attend the March 31st Aspen City Council meeting at 5 pm to voice your concerns to Council. If you need further information or have questions, you may contact Darnauer Group Communications at 925-9010 x201 or x203. Attached is a fact sheet from them with additional information. 3/25/2010 Page 2 of 2 2. Write a letter to As;:;gin Daily News and Aspen Times either by delivering them personally, or go on line to Letters to the Editor, submit a letter, etc. 3. Email your Councilmen: Mick@sopris.net; Torre: hitorre~a aol.com~ Steve Skadron steve.skadron@ci.aspen.co.us; Steve Skadron ska_dron@comcast.net Dwayne Romero dwayner@ci.aspen,co.us ;Dwayne Romero dwayne.romero@ci.aspen.co.us ;Derek Johnson djohnson@aspensnowmass com 4. Please let Darnauer Group know if they can add your name to the list of those opposing these enormous development plans by emailing allison@darnauer.com. For latest information on City Council concerns, go to http:l/www.aspendailynews.comlrecent/2010/03/05 3/25/2010 Page 1 of 2 From: "Larry Rosenfield" <I.rosenfield@comcast.net> To: "Junee Kirk" <junee.kirk@comcast.net> Sent: Thursday, March 25, 2010 10:20 AM Subject: Re: Can we add your name to a list in Opposition? Yes add my name Lawrence I Rosenfield --- Original Message --- From: Junee Kirk To: 777 Sent: Thursday, March 25, 2010 9:54 AM Subject: Can we add your name to a list in Opposition? The Aspen Club Development :Impacts on Density, Wildlife, Traffic, ~ Character of Neighborhood, ~ contrary to existing code: 1. The Aspen Club redevelopment proposal does NOT comply_with the existing Land Use Code requirements. The developer is asking to change the existing zoning to allow timeshares. The code specifically states that all. time shares belong in the commercial_c__ore and lodging. zones and NOT rural residential neighborhoods... 2. Total size of the new Aspen Club will be 188.970 sq. ft. (above and below grade). This is the equivalent to more than 1 and 112 Wal-Marts, with over 94,000 sf. feet of the development above ground, impacting ou_r_vews from the Ute Trail. That's 2-1/4 times LARGER than the existing Aspen Club. 3. These timeshares will negatively impact the density of the neighborhood. 4. The redevelopment of the Aspen Club site will occur next to the historic Benedict_site. It will negatively impact public views from the trail systems. It is at the entrance to our Nature Preserve, and is located along the beautiful riparian zone of the Roaring Fork River. 5. This high end density project will produce more traffic, negatively impact Ute Avenue, because the Club has not included any enforcement "teeth" in its traffic mitigation plans. 6. This huge development will forever change the rural character of the neighborhood. The proposal does NOT comply with the Aspen Area Community Plan. 7. There are no guarantees that the Aspen Club will continue to function as a club once the zoning change is granted. Finally, this application does NOT benefit the community in general, but only existing club members, and it does NOT guarantee any community benefits in perpetuity, but only guarantees the negative impact in the future to this existing, rural neighborhood. What you can do to help: 1. Please attend the March 31st Aspen City Council meeting at 5 pm to voice your concerns to Council. If you need further information or have questions, you may contact Darnauer Group Communications at 925-9010 x201 or x203. Attached is a fact sheet from them with additional information. 2. Write a letter to Aspen Daily Ne~.vs and As;_~~,n T~~~,:_~s either by delivering them personally, or go on line to Letters to the Editor, submit a letter, etc. 3/25/2010 Page 2 of 2 3. Email your Councilmen: Mick@sopris.net; Torre: hitorre@aol.com~_Steve Skadron s_teve.skadron@a ci.aspen.co.us; Steve Skadron skadron~a comcast.net Dwayne Romero dwayner@ci.aspen.co.us ;Dwayne Romero dwayne.romero@ci.aspen.co.us ;Derek Johnson djohnson@aspensnowmass. com 4. Please let Darnauer Group know if they can add your name to the list of those opposing these enormous development plans by ernailing allison@darnauer.com. For latest information on City Council concerns, go to http://www.aspendailynews.com/recent/2010/03/05 3/25/2010 Page 1 of 2 Justine From: 'Tim McFlynn" <mcflynn@aspendisputeresolution.com> To: "Junee Kirk" <junee.kirk@comcast.net> Sent: Monday, March 29, 2010 12:13 PM Subject: Re: Can we add your name to a list in Opposition? Thaw you`.kun~e! On Mar 29, 2010, at 11:24 AM, Junee Kirk wrote: The Aspen Club Development :Impacts on Density, Wildlife, Traffic, 8~ Character of Neighborhood, 8~ as the PUD is contrary to existing code: 1. The Aspen Club redevelopment proposal does NOT comply with the existing Land Use Code requirements. The developer is asking to change the existing zoning to allow timeshares. The code specifically states that_all .time share 2. Total size of the new Aspen C_I_u_b__will he 188.970 sd. tt. (above and below grade). This is the equivalent to more than 1 and 1l2 Wal-Marts, with over 94,000 sf. feet of the development above ground, impacting our views from the Ute Trail. That's 2-114 times LAf~c=,f=R than the existlydg ;4spen Cfiit~. 3. These timeshares will negatively impact the density of the neighborhood. 4. The redevelopment of the Aspen Club site will occur next to the f~istoric t3enedict site. It will negatively impact public views from the trail systems. It is at the entrance to our Nature Preserve, and is located along the beautiful riparian zone of the Roaring Fork River. 5. This high end density project will produce more traffic, negatively impact Ute Avenue, because the Club has not included any enforcement "teeth" in its traffic mitigation plans. 6. This huge development will forever change the rural character of the neighborhood. The proposal does NOT comply with the Aspen Area Community Plan. 7. There are no guarantees that the Aspen Club will continue to function as a club once the zoning change is granted. Finally, this application does NOT benefit the community in general, but only existing club members, and it does NOT guarantee any community benefits in perpetuity, but only guarantees the negative impact in the future to this existing, rural neighborhood. What you can d® tcs help: 1. Please attend the March 31st Aspen City Council meeting at 5 pm to voice your concerns to Council. If you need further information or have questions, you may contact Darnauer Group Communications at 925-9010 x201 or x203. Attached is a fact sheet from them with additional information. 2. Write a letter to Aspen Daily tVews, and Aspen Times, either by delivering them personally, or go on line to Letters to the Editor, submit a letter, etc. 3/29/2010 Page 2 of 2 3. Email your Councilmen: Mick@sopris.net; Torre: hitorre@aol.com; Steve Skadron steve.skadron@ci.aspen,co.us; Steve Skadron skadron@comcast.net Dwayne Romero dwayner@ci.aspen.co.us ;Dwayne Romero dwayne.ro_mero@ci.aspen.co.us ;Derek Johnson djohnson@aspensnowmass.com 4. Please let Darnauer Group know if they can add your name to the list of those opposing these enormous development plans byemailing allison@darnauer.com. For latest information on City Council concerns, go to http:l/www.aspendailynews.com/recent/2010/03/05 <ASPEN CLUB EXPANSION FACT SHEET.pdf> Tim McFlynn Aspen Dispute Resolution 1280 Ute Avenue #10 Aspen, CO 81611 ph 970 925-2445 fx 970 925-2442 mcflynn@aspendisputeresolution.com www.aspendisputeresolution.com 3/29/2010 Pale 1 of 2 From: "marybelle payne" <marybellepayne@yahoo.com> To: "Junee Kirk" <junee.kirk@comcast.net> Sent: Saturday, March 27, 2010 7:59 PM Subject: Re: Can we add your name to a list in Opposition? YES ! Marybelle R. Pa_ynt 0~ ~ ~ ~~ '-a-~r~ ~' • ~Sn-~-~- , ~ mary_ bellepayne~c'~ryahoo.com 970/9? ~-9 l 83 From: Junee Kirk <junee.kirk@comcast.net> To: ZZZ <junee.kirk@comcast.net> Sent: Fri, March 26, 2010 10:13:28 AM Subject: Fw: Can we add your name to a list in Opposition? The Aspen Club Development :Impacts on Density, Wildlife, Traffic, 8~ Character of Neighborhood, 8 as PUD ,is cor}trary to existing code: ~Ir w 1 , 1. The Aspen Club redevelopment proposal does NOT comply with the existing Land Use Code requirements. The developer is asking to change the existing zoning to allow timeshares. The code specifically states that all time sh_are_ s belong in the commercial core and lodging zones and NOT rural, residential neighborhoods. 2. Total size of the new Aspen Club will be 188.970 sq. ft. (above and below grade. This is the e uivalent to more than _1_and_112 Wal-Marts, with over 94,000 sf. feet of the development above q - -- ground, impacting_ our_views from the Ute Trail, That's 2-114 times LARGER than the existing Aspen Club. 3. These timeshares will negatively impact the density of the neighborhood. 4. The redevelopment of the Aspen Club site will occur next to the. historic Benedict site.__It will negatively impact public views from the trail systems. It is at the entrance to our Nature Preserve, and is located along the beautiful riparian zone of the Roaring Fork River. 5. This high end density project will produce more traffic, negatively impact Ute Avenue, because the Club has not included any enforcement "teeth" in its traffic mitigation plans. 6. This huge development will forever change the rural character of the neighborhood. The proposal does NOT comply with the Aspen Area Community Plan. 7. There are no guarantees that the Aspen Club will continue to function as a club once the zoning change is granted. Finally, this application does NOT benefit the community in general, but only existing club members, and it does NOT guarantee any community benefits in perpetuity, but only guarantees the negative impact in the future to this existing, rural neighborhood. What you can do to help: 3/27/2010 Page ? of 2 1. Please attend the March 31st Aspen City Council meeting at 5 pm to voice your concerns to Council. If you need further information or have questions, you may contact Darnauer Group Communications at 925-9010 x201 or x203. Attached is a fact sheet from them with additional information. 2. Write a letter to Aspen Daily News, and Aspen Times, either by delivering them personally, or go on line to Letters to the Editor. submit a letter. etc. 3. Email your Councilmen: Mick@sopris.net; Torre: hitorre@aol.com; Steve Skadron steve.skadron@ci.aspen.co us; Steve Skadron skadron@comcast_net Dwayne Romero dwayner@ci.a5pen.co.us ;Dwayne Romero dwayne romero@ci aspen co us ;Derek Johnson djohnson@aspensnowmass. com 4. Please let Darnauer Group know if they can add your name to the list of those opposing these enormous development plans by emailing allison@darnauer.com. For latest information on City Council concerns, go to http:/lwww.aspendailynews.comlrecent/2010/03105 3/27/20 ] 0 Page 1 of 2 Justine From: "Shirley A Millard" <shirley.ltc@juno.com> To: <junee.kirk@comcast.net~ Sent: Saturday, March 27, 2010 1:04 AM Subject: Re: Fw: Can we add your name to a list in Opposition? Yes, add my name. Shirletr Millard. Thanks for your hard work. On Thu, 25 Mar 2010 10:11:16 -0600 "Junee Kirk" <junee,kirk cr comcast.net> writes: The Aspen Club Development :Impacts on Density, Wildlife, Traffic, 8~ Character of Neighborhood, 8 contrary to existing code: 1. The Aspen Club redevelopment proposal does NOT comply with_the existing Land Use Cod_e_reguirements. The developer is asking to change the existing zoning to allow timeshares. The code specifically states_that all time hares belong in_the commercial core and lodging zones and NOT rural, residential neighbo~oods. 2. Total size of the new Aspen Club will _be 188.970 sq. ft. (above and below grade). This is the equivalent to_more than 1 and 1/2 Wal-Marts, with over 94,Q00 sf. feet of the development above ground, impacting_o_ur views from the_Ute Trail. That's 2-114 times LARGER than the existing Aspen Club. 3. These timeshares will negatively impact the density of the neighborhood. 4. The redevelopment of the Aspen Clur site will occur next to the historic Benedict site. It will negatively impact public views from the trail systems. It is at the entrance to our Nature Preserve, and is located along the beautiful riparian zone of the Roaring Fork River. 5. This high end density project will pro~uce more traffic, negatively impact Ute Avenue, because the Club has not included any enforcement "teeth" in its traffic mitigation plans. 6. This huge development will forever change the rural character of the neighborhood. The proposal does NOT comply with the Aspen Area Community Plan. 7. There are ?1o guarantees that the Aspen Club will continue to function as a club once the zoning change is granted. Finally, this application does NOT benefit the community in general, but only existing club members, and it does NOT guarantee any community benefits in perpetuity, but only guarantees the negative impact in the future to this existing, rural neighborhood. What you can do to help: 1. Please attend the March 31st Aspen City Council meeting at 5 pm to 3127/2010 Page 2 of 2 voice your concerns to Council. If you need further information or have questions, you may contact Darnauer Group Communications at 925-9010 x201 or x203. Attached is a fact sheet from them with additional information. 2. Write a letter to Aspen Daily News, and Aspen Times, either by delivering them personally, or go on line to Letters to the Editor, submit a letter, etc. 3. Email your Councilmen: Mick@sopris.ne#; Torre: hitorre_@aol.com; _ Steve Skadron steve,skadron@ci.aspen.co _us; Steve Skadron skadron corncast,net Dwayne Romero dwayner@ci.asp_en.co,us ;Dwayne Romero dwayne:romer~(c~ci,aspen.co__.us :Derek Johnson djohns_o_n@asp_e_nsnowmass.com 4. Please let Darnauer Group know if they can add your name to the list of those opposing these enormous development plans by emailing allison~darnauer.co_m. For latest information on City Council concerns, go to http:/1www.aspendai~news.com/recent/2010/03/05 Hotel nics, into and virtual tours. Click here to book a hotel online. 3/27/2010 Page 1 of 2 From: "Junee Kirk" <junee.kirk@comcast.net> To: "Jeanette Darnauer" <jeanette@darnauer.com>; "Allison Miller" <allison@darnauer.com> Sent: Friday, March 26, 2010 7:01 PM Attach: ASPEN CLUB EXPANSION FACT SHEET.pdf Subject: Fw: Can we add your name to a list in Opposition? Ursula Freudinger, a long time Aspenite, has asked me to have you add her name to the list in opposition of this redevelopment of the Aspen Club; She lives at 0096 McSkimming Road, and is unhappy about because she will have to look at it. her te/ is 925-7524 The Aspen Club Development :Impacts on Density, Wildlife, Traffic, 8 Character of Neighborhood, 8 as PUD ,is contrary to existing code: 1. The Aspen Club redevelopment proposal does NOT comply with_the existing Land Use Code requirements. The developer is asking to change the existing zoning to allow timeshares. The code 2. Total size of the new_Aspen Clubwill be 188.970 sq. ft. (above and below grade). This is the equivalent to more than 1 and 1/2 Wal-Marts, with over 94,000 sf. feet of the development above ground, impacting our views from the_ _ Ute Trai_I. That's 2-114 times LARGER than the existing Aspen Club. 3. These timeshares will negatively impact the densit~of the_ neighbofiood. 4. The redevelopment of the Aspen Club site will occur next to the historic Benedict site. It will negatively impact public views from the trail systems. It is at the entrance to our Nature Preserve, and is located along the beautiful riparian zone of the Roaring Fork River. 5. This high end density project will produce more traffic, negatively impact Ute Avenue, because the Club has not included any enforcement "teeth" in its traffic mitigation plans. 6. This huge development will forever change the rural character of the neighborhood. The proposal does NOT comply with the Aspen Area Community Plan. 7. There are no guarantees that the Aspen Club will continue to function as a club once the zoning change is granted. Finally, this application does NOT benefit the community in general, but only existing club members, and it does NOT guarantee any community benefits in perpetuity, but only guarantees the negative impact in the future to this existing, rural neighborhood. What you can do to help: 1. Please attend the March 31st Aspen City Council meeting at 5 pm to voice your concerns to Council. If you need further information or have questions, you may contact Darnauer Group Communications at 925-9010 x201 or x203. Attached is a fact sheet from them with additional information. 2. Write a letter to Aspen Daily News, and Aspen Times.. either by delivering them personally, or go on line to Letters to the Editor, submit a letter, etc. 3. Email your Councilmen: Mick@sopris.net; Torre: hito_rre@_a__ol.com; Steve Skadron steve.skadron@ci.aspen,co.us; Steve Skadron skadron@comcast.net Dwayne Romero 3/26/2010 Page 2 of 2 dwayner ci.aspen.co.us ;Dwayne Romero dwayne.romero ci_aspen._co,us ;Derek Johnson djohnson@aspensnowmass.com 4. Please let Darnauer Group know if they can add your name to the list of those opposing these enormous development plans by emailing allison~damauer.com. For latest information on City Council concerns, go to httpa/www.aspendailynews.com/recent/2010/03/05 3/26/2010 Page l of 2 From: "Junee Kirk" <junee.kirk@comcast.net> To: "Jeanette Darnauer" <jeanette@darnauer.com>; "Allison Miller" <allison@darnauer.com> Sent: Friday, March 26, 2010 6:24 PM Attach: ASPEN CLUB EXPANSION FACT SHEET.pdf Subject: Fw: Can we add your name to a list in Opposition? Jan Fox who lives of 1525 Silverking Drive is opposed to this development. Please add her name to the list, as she does not agree with the proposal. Her tele is 343-345-9656. She has been a partime Aspenite for over 30 years. The Aspen Club Development :Impacts on Density, Wildlife, Traffic, 8 Character of Neighborhood, >~ as PUD ,is contrary to existing code: 1. The Aspen Club redevelopment proposal does NOT comply with_the existing Land Use Code_Mrequirements_ The developer is asking to change the existing zoning to allow timeshares. The coc 2. Total size of the new Aspen Club will be 188.970 sq, ft. (above and below grade). This is the equivalent to more than 1 and 1/2 Wal-Marts, with over 94,000 sf. feet of the development above ground, impacting our views from__the Ute Trail. That's 2-114 times LARGER than the existing Aspen Club. 3. These timeshares will negatively impact the d_e_nsty of the neighborhood. 4. The redevelopment of the Aspen Club site will occur next to the historic Benedict site. It will negatively impact public views from the trail systems. It is at the entrance to our Nature Preserve, and is located along the beautiful riparian zone of the Roaring Fork River. 5. This high end density project will produce more traffic, negatively impact Ute Avenue, because the Club has not included any enforcement "teeth" in its traffic mitigation plans. 6. This huge development will forever change the rural character of the neighborhood. The proposal does NOT comply with the Aspen Area Community Plan. 7. There are no guarantees that the Aspen Club will continue to function as a club once the zoning change is granted. Finally, this application does NOT benefit the community in general, but only existing club members, and it does NOT guarantee any community benefits in perpetuity, but only guarantees the negative impact in the future to this existing, rural neighborhood. What you can do to help: 1. Please attend the March 31st Aspen City Council meeting at 5 pm to voice your concerns to Council. If you need further information or have questions, you may contact Darnauer Group Communications at 925-9010 x201 or x203. Attached is a fact sheet from them with additional information. 2. Write a letter to Aspen Daily News, and Aspen Times, either by delivering them personally, or go on line to Letters to the Editor, submit a letter, etc. 3/26/2010 Page 2 of 2 3. Email your Councilmen: Mick@sopris.net; Torre: hitorre(c~aol.com, Steve Skadron steve.skadron@ci.aspen_co.us; Steve Skadron skadron c_omcast.net Dwayne Romero dwayner@ci.aspen.co.us ;Dwayne Romero dwayne.romero@ci.aspen.co.us ;Derek Johnson djohnson@aspensnowmass.com 4. Please let Darnauer Group know if they can add your name to the list of those opposing these enormous development plans by emailing allison _d_arnauer.com. For latest information on City Council concerns, go to http:/lwww.aspendailynews.comlrecent12010/03/05 3/26/2010 Page 1 of 1 Justine From: "Junee Kirk" <junee.kirk@comcast.net> To: "Allison Miller" <allison@darnauer.com> Sent: Friday, March 26, 2010 5:38 PM Attach: ASPEN CLUB EXPANSION FACT SHEET.pdf Subject: Fw: Why You Should Oppose the Aspen Club Redevelopment! Please add Joanie Lebach's name to the list of those in Opposition to this. She is against it because the height, mass and scale of the development. She said she would send council an email. 1. The Aspen Club redevelopment proposal does NOT comply with the existing. Land Use Code re~uiremen#s. The developer is asking to change the existing zoning to allow timeshares. The code 2. Total size_of the new Aspen Club will be 188.970 sq. ft. (above and below grade. This is the equivalent to more than_1 and 112 Wal-Marts, with over 94,000 sf. feet of the development above ground, impacting our views from-the. Ute Trail. That's 2-1/4 times LARGER than the existing Aspen Club. 3. These timeshares will negatively impact the density of the neighbofiood. 4. The redevelopment of the Aspen Club site will occur next to the historic Benedict site. It will negatively impact public views from the trail systems. It is at the entrance to our Nature Preserve, and is located along the beautiful riparian zone of the Roaring Fork River. 5. This high end density project will produce more traffic, negatively impact Ute Avenue, because the Club has not included any enforcement "teeth" in its traffic mitigation plans. 6. This huge development will forever change the rural character of the neighborhood. The proposal does NOT comply with the Aspen Area Community Plan. 7. There are no guarantees that the Aspen Club will continue to function as a club once the zoning change is granted. Finally, this application does NOT benefit the community in general, but only existing club members, and it does NOT guarantee any community benefits in perpetuity, but only guarantees the negative impact in the future to this existing, rural neighborhood. What you can do to help: 1. Please attend the March 31st Aspen City Council meeting at 5 pm to voice your concerns to Council. If you need further information or have questions, you may contact Darnauer Group Communications at 925- 9010 x201 or x203. Attached is a fact sheet from them with additional information. 2. Write a letter to Aspen Daily News. and Aspen Times, either by delivering them personally, or go on line to Letters to the Editor, submit a letter, etc. 3. Email your Councilmen: Mick@sopris.net; Torre: hitorre@aol.com; .Steve Skadron steye.skadron@ci.as~en.co.us; Steve Skadron skadron@comcast.net Dwayne Romero dwayner@ci.aspen.co.us ;Dwayne Romero dwayne.romero@ci.aspen.co.us ;Derek Johnson d~ohnson@aspens_nowmass,com 4. Please let Darnauer Group know if they can add your name to the list of those opposing these enormous development plans by emailing allison darnauer.com. For latest information on City Council concerns, go to http:llwww.aspendailynews.com/recent/2010103/05 - -- - _ 3/26/2010 Page I of 2 From: "Junee Kirk" <junee.kirk@comcast.net> To: "Jeanette Darnauer" <jeanette@darnauer.com>; "Allison Miller" <allison@darnauer.com> Sent: Friday, March 26, 2010 6:21 PM Attach: ASPEN CLUB EXPANSION FACT SHEET.pdf Subject: Fw: Can we add your name to a list in Opposition? Duvrd Hunner who works here is town u! the Meadows, i.s vppo.ced to the Redevelopment of the Aspen Cluh. He has asked to ucld hi.r Hume to the list: His tole is: 331-202-Q967 The Aspen Club Development :Impacts on Density, Wildlife, Traffic, ~ Character of Neighborhood, & as PUD ,is contrary to existing code: 1. The Aspen Club redevelopment proposal does NOT comply with the existing Land Use Code requirements. The developer is asking to change the existing zoning to allow timeshares. The code 2. Total size of the new Aspen Club will be 188.970 sq. ft. (above and below grade). This is the equivalent to more than 1 and 112 Wal-Marts, with over 94,000 sf. feet of the development above ground, impacting our views from the Ute Trail. That's 2-114 times LARGER than the existing Aspen Club. 3. These timeshares will negatively impact the density of the_neig_hborhood. 4. The redevelopment of the Aspen Club site will occur next to the historic Benedict site. It will negatively impact public views from the trail systems. It is at the entrance to our Nature Preserve, and is located along the beautiful riparian zone of the Roaring Fork River. 5. This high end density project will produce more traffic, negatively impact Ute Avenue, because the Club has not included any enforcement "teeth" in its traffic mitigation plans. 6. This huge development will forever change the rural character of the neighbofiood. The proposal does NOT comply with the Aspen Area Community Plan. 7. There are no guarantees that the Aspen Club will continue to function as a club once the zoning change is granted. Finally, this application does NOT benefit the community in general, but only existing club members, and it does NOT guarantee any community benefits in perpetuity, but only guarantees the negative impact in the future to this existing, rural neighborhood. What you can do to help: 1. Please attend the IVlarch 31st Aspen City Council meeting at 5 pm to voice your concerns to Council. If you need further information or have questions, you may contact Darnauer Group Communications at 925-9010 x201 or x203. Attached is a fact sheet from them with additional information. 2. Write a letter to Aspen Daily News. and Aspen Times. either by delivering them personally, or go on line to Letters to the Editor, submit a letter, etc. 3. Email your Councilmen: Mick~a sopris.net; Torre: hitorre@aol.com; _ Steve Skadron steve,skadro~ci.aspen,co.us; Steve Skadron skadron@comcast net Dwayne Romero dwavner@ci,aspen.co.us ;Dwayne Romero dwayne.romero@ci.aspen.co.us ;Derek Johnson 3/26/2010 Page 2 of 2 djohnso ~aspensnowm ass. com 4. Please let Damauer Group know if they can add your name to the list of those opposing these enormous development plans by emailing allison_@darnauer.com. For latest information on City Council concerns, go to http://www.aspendailynews.com/recent/2010J03l05 3/26/2010 Page 1 of 2 From: "Junee Kirk" <junee.kirk@comcast.net> To: "Jeanette Darnauer" <jeanette@damauer.com>; "Allison Miller" <allison@darnauer.com> Sent: Friday, March 26, 2010 3:30 PM Attach: ASPEN CLUB EXPANSION FACT SHEET.pdf Subject: Fw: Can we add your name to a list in Opposition? Jim and Jane Jenkins would like to have their names added to the list of opposition of the Aspen Club PUD proposed redevelopment. The Aspen Club Development :Impacts on Density, Wildlife, Traffic, & Character of Neighborhood, 8~ as the PUD is contrary to existing code: 1. The Aspen Club redevelopment proposal does NOT comply with the existing Land Use Code requirements. The developer is asking to change the existing zoning to allow timeshares. The_code specifically states_that all time shares belong in the co_m_m_ercial core and lodging zones and NOT rural, 2. Total size of th_e new Aspen Club will be 188.970 sq. ft. (above and below grade). This is the equivalent to more than 1 and 1/2 Wal-Marts, with over 94,000 sf. feet of the development above ground, impacting our v__iews from the Ute_Trail. That's 2-1 /4 times LARGER than the existing Aspen Club. 3. These timeshares will negatively impact the density of the neighborhood. 4. The redevelopment of the Aspen Club site will occur next to the historic Benedict site. It will negatively impact public views from the trail systems. It is at the entrance to our Nature Preserve, and is located along the beautiful riparian zone of the Roaring Fork River. 5. This high end density project will produce more traffic, negatively impact Ute Avenue, because the Club has not included any enforcement "teeth" in its traffic mitigation plans. 6. This huge development will forever change the rural character of the neighborhood. The proposal does NOT comply with the Aspen Area Community Plan. 7. There are no guarantees that the Aspen Club will continue to function as a club once the zoning change is granted. Finally, this application does NOT benefit the community in general, but only existing club members, and it does NOT guarantee any community benefits in perpetuity, but only guarantees the negative impact in the future to this existing, rural neighborhood. What you can do to help: ~. Please attend the March 31st Aspen City Council meeting at 5 pm to voice your concerns to Council. If you need further information or have questions, you may contact Darnauer Group Communications at 925-9010 x201 or x203. Attached is a fact sheet from them with additional information. 2. Write a letter to Aspen Daily News, and Aspen Times, either by delivering them personally, or go on line to Letters to the Editor, submit a letter, etc. 3. Email your Councilmen: Mick@sopris,net; Torre: hitorre@aol.com~ Steve Skadron Steve.ska_d_ron@ci.aspen.co,us; Steve Skadron skadron@comcast.net Dwayne Romero dwayner@ci,aspen.co.us ;Dwayne Romero dwayne.rom_ero@ci,_a~en.co.us ;Derek Johnson 3/26/2010 Page 2 of 2 djohnson@aspensnowm ass. com 4. Please let Darnauer Group know if they can add your name to the list of those opposing these enormous development plans by emailing allison darnauer.com. For latest information on City Council concerns, go to http://www.as~ndailynews.com/r__ece_n_t12010/03/05 3/26/2010 Yage 1 0~ 1 Justine From: "Junee Kirk" <junee.kirk@comcast.net> To: "zray koenig" <litlbitnl@aol.com> Sent: Tuesday, March 30, 2010 1:32 PM Attach: ASPEN CLUB EXPANSION FACT SHEET.pdf Subject: Fw: Can we add your name to a list in Opposition? Tilanksfor adding your name and Elizabeth Traggis's name to the list. The Aspen Club Devetflptt;ent :1tn-pacts fln Density, Wildlife, Trafiftc, 8 Charac#er csf Neigfitbflnc~>od, 8 as ~1fD ,is contrary to existing code: 1. The Aspen Club redevelopment proposal does NOT comply with the existingLand_Use Code_reguirements. The developer is asking to change the existing zoning to allow timeshares. The code specifically states_that all time shares belong in the commercial core and lodging zones and NOT rural, residential neighborhoods, 2. Total sze_of the new Aspen Club will be ~ 88.970 sq. ft. (above and below grade). This is the equivalent to more than 1 and 112 Wal-Marts, with over 94,000 sf. feet of the development above ground, impactingour views from the tite_Traii_, That's 2-114 times LARGER than the existing Aspen Club. 3. These timeshares will negatively impact the density of the neighborhood. 4. Tt~e redevelopment o#ttae Aspen Club site wiN occur next to the I~istoric Benedict_site. It will negatively impact public views from the trail systems. It is at the entrance to our Nature Preserve, and is located along the beautiful riparian zone of the Roaring Fork Ri~~er. 5. This high end density project will produce more traffic, negatively impact Ute Avenue, because the Club has not included any enforcement "teeth" in its traffic mitigation plans. 6. This huge development will forever change the rural character of the neighborhood. The proposal does NOT comply with the Aspen Area Community Plan. 7. There are no guarantees that the Aspen Club will continue to function as a club once the zoning change is granted. Finally, this application does NOT benefit the community in general, but only existing club members, and it does NOT guarantee any community benefits in perpetuity, but only guarantees the negative impact in the future to this existing, rural neighborhood. V'Jhat y+~u c~,,, eto to help: 1. Please attend the March 31st Aspen City Council meeting at 5 pm to voice your concerns to Council. tf you need further information or have questions, you may contact l3arnauer Group Communications at 925-9010 x201 or x203. Attached is a fact sheet from them with additional information. 2. ',/Write a letter to Aspen Uaily (dews. aniJ aspen 7~mes, either by delivering them personally, or go on line to Letters to the Editor, submit a letter, etc. 3. Email your Councilmen: Mick@sopris.net; Torre: hitorre@aol.com_; Steve Skadron steve.skadron@ci.aspen.co.us; Steve Skadron Skadron@comcast,net Dwayne Romero dwayner@ci.aspen,co.us ;Dwayne Romero dwayne.romer_o_@ci.ripen,co.us ;Derek Johnson djohnson@aspensnowmass.com 4. Please let Darnauer Group know if they can add your name to the list of those opposing these enormous development plans by ertiailing ailison@darnauer.com. for latest information on City Council concerns, go to http:liwww.aspendaifynews.com/recentl2010/03ifl5 3/30/2010 Page 1 of Z Justine From: "Junee Kirk" <junee.kirk@comcast.net> To: "Sandra and Jim Dukas" <dukas@rof.net> Sent: Tuesday, March 30, 2010 12:58 PM Attach: ASPEN CLUB EXPANSION FACT SHEET.pdf Subject: Fw: Can we add your name to a list in Opposition? Jim and Sandra: Thank you for adding your name to the list. Please email council members to below addresses. The Aspen Ciub Development :impacts on Density, Wildlife, Traffic, 8 Character of Neighborhood, 8~ as PUD ,is contrary to existing code: 1. The Aspen Club redevelopment proposal does NOT comply with the existing. Land Use Code requirements. The developer is asking to change the existing zoning to allow timeshares. The code specifically states that all-time shares belong in the commercial core and lodging zones and NOT rural, 2. Total size of the new Aspen Club will be 188.970 sq. ft. (above and below grade). This is the equivalent to more than- 1 and 112 Wal-Marts, with over 94,000 sf. feet of the development above ground, i~actiirtg our_v_iews from the Ute Trail. That's 2-114 times LARGER than the existing Aspen Club. 3. These timeshares will negatively impact the density of the neighborhood. 4. The redevelopment of the Aspen Club site will occur next to the fzistoric Benedict-site. It will negatively impact public views from the trail systems. It is at the entrance to our Nature Preserve, and is located aionct tine beautiful riparian zone of the Roaring Fork Ri~aer. 5. This high end density project will produce more traffic, negatively impact Ute Avenue, because the Club has not included any enforcement "teeth" in its traffic mitigation plans. 6. This huge development will forever change the rural character of the neighborhood. The proposal does NOT comply with the Aspen Area Community Plan. 7. There are no guarantees that the Aspen Club will continue to function as a club once the zoning change is granted. Finally, this application does NOT benefit the community in general, but only existing club members, and it does NOT guarantee any community benefits in perpetuity, but only guarantees the negative impact in the future to this existing, rural neighborhood. VIlhat you can clo to I~cll3: 1. Please attend the d~~rch 31~t Aspen City Council meetil~g ~t 5 pm to voice your concerns to Council. if you need further information or have questions, you may contact Darnauer Group Communications at 925-9010 x201 or x203. Attached is a fact sheet from them with additional information. 2. bl/nte ?letter to Aspen Daily News. and Aspen Times. either by delivering them personally, or go on line to Letters to the Editor, submit a letter, etc. 3. Email your Councilmen: Mick@sopris.net; Torre: hitorre@aol.com; Steve Skadron steve.skadron@c,aspen.co.us; Steve Skadron skadron@comcast.net Dwayne Romero dwayner ci.a~en.co,us ;Dwayne Romero dwayne.romero@ci.aspen.co.us ;Derek Johnson 3/30/2010 Page 1 of 2 From: "cary thompson" <carythompson@hotmail.com> To: "Junee Kirk" <junee.kirk@comcast.net> Sent: Tuesday, March 30, 2010 8:52 AM Subject: RE: Can we add your name to a list in Opposition? Add me as against the proposal. Cary From: junee.kirk@comcast.net To: carythompson@hotmail.com Subject: Fw: Can we add your name to a list in Opposition? Date: Mon, 29 Mar 2010 17:25:41 -0600 ---Original Message --- From: Junee Kirk To: ZZZ_ -- Sent: Friday, March 26, 2010 10:13 AM Subject: Fw: Can we add your name to a list in Opposition? The Aspen Club Development :Impacts on Density, Wildlife, Traffic, 8~ Character of Neighborhood, ~ as PUD ,is contrary to existing code: 1. The Aspen Club redevelopment proposal does NOT comply with the existing Land Use Cod_e_ _re_quireme_nts. The developer is asking to change the existing zoning to allow timeshares. The code 2. Tota_I_size of the new Aspen Club will be 188.970 sq. fit. (above and below grade). This is the equivalent to more than 1 and 112 Wal-Marts, with over 94,000 sf. feet of the development above ground, impacting_our views from the Ute Trail. That's 2-114 times LARGER than the existing Aspen Clua;. 3. These timeshares will negatively impact the density of the neighborhood. 4. The redevelopment of the Aspen Club site will occur next to the historic Bened_ ict site. -It will negatively impact public views from the trail systems. It is at the entrance to our Nature Preserve, and is located alone the beautiful riparian zone of the Roaring Fork Fiver. 5. This high end density project will produce more traffic, negatively impact Ute Avenue, because the Club has not included any enforcement "teeth" in its traffic mitigation plans. 6. This huge development will forever change the rural character of the neighborhood. The proposal does NOT comply with the Aspen Area Community Plan. 7. There are no guarantees that the Aspen Club will continue to function as a club once the zoning change is granted. Finally, this application does NOT benefit the community in general, but only existing club members, and it does NOT guarantee any community benefits in perpetuity, but only guarantees the negative impact in the future to this existing, rural neighborhood. 3/30/2010 Page 2 of 2 Vllhat you can do Co hip: 1. Please attend the March 31st Aspen City Council meeting at 5 ptri to voice your concerns to Council. If you need further information or have questions, you may contact Darnauer Group Communications at 925-9010 x201 or x203. Attached is a fact sheet from them with additional information. 2. 1rVnte ~ letter to Aspen Daly Nevvs. and Aspen Tines, either by delivering them personally, or go on line to Letters to the Editor, submit a letter, etc. 3. Email your Councilmen: Mick@sopris.net; Torre: hitorret7a aol.com; -Steve Skadron ste_ve.skadron@ci.aspen.co.us; Steve Skadron Skadron@com_cast.net Dwayne Romero dwayner@ci.aspen.co.us ;Dwayne Romero dwayne.romero ci.aspen.co,us ;Derek Johnson djohnson@aspensnow_ mass.com 4. Please let Darnauer Group know if they can add your name to the list of those opposing these enormous development plans by emailing allison@darnauer.com. For latest information on City Council concerns, go to http://www.aspendailynews.com/recent/2010/03/05 Hotmail: Powerful Free email with security by Microsoft. Get it_now. 3/30/2010 Page 1 of 2 From: "Junee Kirk" <junee.kirk@comcast.net> To: "Allison Miller" <allison@darnauer.com> Sent: Friday, March 26, 2010 3:21 PM Attach: ASPEN CLUB EXPANSION FACT SHEET.pdf Subject: Fw: Can we add your name to a list in Opposition? Peter and Monica Mocklin who are long time residents are opposed to this redevelopment of the Aspen Club. Please add both their names to the list! The Aspen Club Development :Impacts on Density, Wildlife, Traffic, 8 Character of Neighborhood, 8 as PUD ,is contrary to existing code: 1. The Aspen Club redevelopment proposal does NOT comply with th_e existiing Land_ _Use Code requirements_ The developer is asking to change the existing zoning to allow timeshares. The code 2. Total_siz_e of the new Aspen Club will be 188.970 sq. ft. (above and below grade). This is the equivalent to more than 1 and 1/2 Wal-Marts, with over 94,000 sf. feet of the development above ground, impacting our_views from the Ute Trail. That's 2-1 /4 times LARGER than the existing Aspen Club. 3. These timeshares will negatively impact the density of the neighborhood. 4. The redevelopment of the Aspen Club site will occur next to the historic Benedict site. It will negatively impact public views from the trail systems. It is at the entrance to our Nature Preserve, and is located along tl~e beautiful riparian zone of the Roaring Fork River. 5. This high end density project will produce more traffic, negatively impact Ute Avenue, because the Club has not included any enforcement "teeth" in its traffic mitigation plans. 6. This huge development will forever change the rural character of the neighborhood. The proposal does NOT comply with the Aspen Area Community Plan. 7. There are no guarantees that the Aspen Club will continue to function as a club once the zoning change is granted. Finally, this application does NOT benefit the community in general, but only existing club members, and it does NOT guarantee any community benefits in perpetuity, but only guarantees the negative impact in the future to this existing, rural neighborhood. What you can do to help: ~. Please attend the March 31st Aspen City Council meeting at 5 pm to voice your concerns to Council. If you need further information or have questions, you may contact Darnauer Group Communications at 925-9010 x201 or x203. Attached is a fact sheet from them with additional information. 2. Wrte a leitcr ic:.~'~,s,~~n U: and Aspen Times. either by delivering them personally, or go on line to Letters to the Editor, submit a letter. etc. 3. Email your Councilmen: Mick@s~ris._net; Torre: hitorre@aol.com; Steve Skadron steve.skadron a~)ci.aspen.co.us; Steve Skadron skadron@comcast.net Dwayne Romero dwayner@ci.aspen.co.us ;Dwayne Romero dwayne.romero@ci,aspen.co.us ;Derek Johnson 3/26/2010 Page 2 of 2 djohnson@as~ensnowmass.com 4. Please let Darnauer Group know if they can add your name to the list of those opposing these enormous development plans by emailing allison a~darnauer.com. For latest information on City Council concerns, go to http://www.as~endailynewscom/recent/2010/03/05 3/26/2010 Page 1 of 1 Justine From: "Junee Kirk" <junee.kirk@comcast.net> To: "Allison Miller" <allison@darnauer.com> Sent: Friday, March 26, 2010 2:17 PM Attach: ASPEN CLUB EXPANSION FACT SHEET.pdf Subject: Fw: Can we add your name to a list in Opposition? Dwight Shellman has requested you add his name to the list. The Aspen Club Development :Impacts on Density, Wildlife, Traffic, 8 Gharacter of Neighborhood, & as PUD ,is contrary to existing code: 1. The Aspen Club redevelopment proposal doesNOT comply with the existing_Land Use Code requirements. The developer is asking to change the existing zoning to allow timeshares. The code specifically states_that all time 2. Total_size of the new Aspen Club will be 188.970 sq. ft, (above and below grade). This is the equivalent to more than 1 and 112 Wal-Marts, with over 94,000 sf. feet of the development above ground, impacting our views from the Ute Trail. That's 2-1/4 times LARGER than the existing Aspen Club. 3. These timeshares will negatively impact the dens. ity of the_neghborhood. 4. The redevelopment of the Aspen Club site will occur next to the historic Benedict site. It will negatively impact public views from the trail systems. It is at the entrance to our Nature Preserve, and is located along the beautiful riparian zone of the Roaring Fork River. 5. This high end density project will produce more traffic, negatively impact Ute Avenue, because the Club has not included any enforcement "teeth" in its traffic mitigation plans. 6. This huge development will forever change the rural character of the neighborhood. The proposal does NOT comply with the Aspen Area Community Plan. 7. There are no guarantees that the Aspen Club will continue to function as a club once the zoning change is granted. Finally, this application does NOT benefit the community in general, but only existing club members, and it does NOT guarantee any community benefits in perpetuity, but only guarantees the negative impact in the future to this existing, rural neighborhood. What you can dv to help: 1. Please attend the March 31st Aspen City Council meeting at 5 pm to voice your concerns to Council. If you need further information or have questions, you may contact Darnauer Group Communications at 925-9010 x201 or x203. Attached is a fact sheet from them with additional information. 2. Write a letter io Aspen Daily News. and Aspen Times, either by delivering them personally, or go on line to Letters to the Editor, submit a letter, etc. 3. Email your Councilmen: Mick@sopris.net; Torre: hitorre@aol.com; Steve Skadron steve.skadro_n@ci.aspen.co.us; Steve Skadron Skadron@comcast.net Dwayne Romero dwa~n_er@ci.aspen.co.us ;Dwayne Romero dwayne.romero@ci,aspen,co.us ;Derek Johnson djohnson@aspensnowmass,com 4. Please let Darnauer Group know if they can add your name to the list of those opposing these enormous development plans by emailing allison@darnauer.com. For latest information on City Council concerns, go to httpJ/www.aspendalynew_s.com/recent/201.0l03/_05 3/26/2010 Page 1 of 2 Justine From: "Junee Kirk" <junee.kirk@comcast.net> To: "Allison Miller" <allison@darnauer.com> Sent: Friday, March 26, 2010 1:37 PM Attach: ASPEN CLUB EXPANSION FACT SHEET.pdf Subject: Fw: Can we add your name to a list in Opposition? Martin Horowitz is opposed to this redevelopment of the Aspen Club. P.O. Box 140 970- 309-8000 The Aspen Club Development :Impacts on Density, Wildlife, Traffic, 8~ Character of Neighborhood, & as PUD ,is contrary to existing code: 1. The Aspen Club redevelopment proposal does NOT comply with the existing_ Land Use Code reguireme_nts. The developer is asking to change the existing zoning to allow timeshares. The code 2. Total size of the new Aspen Club will be 188.970 sg. ft. (above and below grade). This is the equivalent to more than 1 and 1!2 Wal-Marts, with over 94,000 sf. feet of the development above ground, impacting our views from the Ute Trail. That's 2-114 times LARGER than the existing Aspen Club. 3. These timeshares will negatively impact the density of the neighborhood. 4. The redevelopment of the Aspen Club site will occur next to the historic Benedict_site. It will negatively impact public views from the trail systems. It is at the entrance to our Nature Preserve, and is located along the beautiful riparian zone of the Roaring Fork River. 5. This high end density project will produce more traffic, negatively impact Ute Avenue, because the Club has not included any enforcement "teeth" in its traffic mitigation plans. 6. This huge development will forever change the rural character of the neighborhood. The proposal does NOT comply with the Aspen Area Community Plan. 7. There are no guarantees that the Aspen Club will continue to function as a club once the zoning change is granted. Finally, this application does NOT benefit the community in general, but only existing club members, and it does NOT guarantee any community benefits in perpetuity, but only guarantees the negative impact in the future to this existing, rural neighborhood. What you can do to help: 1. Please attend the March 31st Aspen City Council meeting at 5 pm to voice your concerns to Council. If you need further information or have questions, you may contact Darnauer Group Communications at 925-9010 x201 or x203. Attached is a fact sheet from them with additional information. 2. Write a letter to Aspen Daily News, and Aspen Times, either by delivering them personally, or go on line to Letters to the Editor, submit a letter, etc. 3. Email your Councilmen: Mick@sopris_net; Torre: hitorre@aol.com; ___Steve Skadron steve.skadron@ci.aspen.co.us; Steve Skadron skadro~c_omcast.net Dwayne Romero dwayner@ci.aspen.co.us ;Dwayne Romero dwayne.romero@ci.aspen.co.us ;Derek Johnson 3/26/2010 Page 2 of 2 djohnson@aspensnowmass.com 4. Please let Darnauer Group know if they can add your name to the list of those opposing these enormous development plans by emailing allison@darnauer.com. For latest information on City Council concerns, go to httpa/www.aspendailynews.comlrecent/2010/03/05 3/26/2010 Page 1 of 2 From: "Junee Kirk" <junee.kirk@comcast.net> To: "Allison Miller" <allison@darnauer.com> Sent: Friday, March 26, 2010 1:26 PM Attach: ASPEN CLUB EXPANSION FACT SHEET.pdf Subject: Fw: Can we add your name to a list in Opposition? Add: Alan Braoks to the list of oppositon to this proposal. His address is 1129 Vine St. He wants his name added. 1-310-367-9091 The Aspen Club Development :Impacts on Density, Wildlife, Traffic, & Character of Neighborhood, 8~ as PUD ,is contrary to existing code: 1. The Aspen Club redevelopment proposal does NOT comply with the existiny_Land Use Code requirements. The developer is asking to change the existing zoning to allow timeshares. The cor 2. Total size of the_new Aspen Club will be 188.970 sq. ft. (above and below grade). This is the equivalent to more than 1 and 112 Wal-Marts, with over 94,000 sf. feet of the development above ground, impacting our views from the Ute Trail. That's 2-114 times LARGER than the existing Aspen Glub. 3. These timeshares will negatively impact the density_of.the neighborhood. 4. The redevelopment of the Aspen Club site will occur next to the historic Benedict site. It will negatively impact public views from the trail systems. It is at the entrance to our Nature Preserve, and is located along the beautiful riparian zone of the Roaring Fork River. 5. This high end density project will produce more traffic, negatively impact Ute Avenue, because the Club has not included any enforcement "teeth" in its traffic mitigation plans. 6. This huge development will forever change the rural character of the neighborhood. The proposal does NOT comply with the Aspen Area Community Plan. 7. There are no guarantees that the Aspen Club will continue to function as a club once the zoning change is granted. Finally, this application does NOT benefit the community in general, but only existing club members, and it does NOT guarantee any community benefits in perpetuity, but only guarantees the negative impact in the future to this existing, rural neighborhood. What you can do to help: 1. Please attend the March 31st Aspen City Council meeting at 5 pm to voice your concerns to Council. If you need further information or have questions, you may contact Darnauer Group Communications at 925-9010 x201 or x203. Attached is a fact sheet from them with additional information. 2. Write a letter to Aspen Daily News. and Aspen Times, either by delivering them personally, or go on line to Letters to the Editor, submit a letter, etc. 3. Email your Councilmen: Mick@sopris.net; Torre: hitorre@aol.com; Steve Skadron steve.skadron@ci,aspen.co,us; Steve Skadron skadro_n_@comcast.net Dwayne Romero dwayner ci.aspen.co.us ;Dwayne Romero dwayne.romero@ci.aspen co.us ;Derek Johnson 3/26/2010 Page 2 of 2 djohnson@aspensn_o_wmass.com 4. Please let Darnauer Group know if they can add your name to the list of those opposing these enormous development plans by emailing allison darnauer.com. For latest information on City Council concerns, go to http:J/www.aspendailynews.com/recent/2010J03/05 3/26/2010 Page 1 of 2 From: "Junee Kirk" <junee.kirk@comcast.net> To: "Allison Miller" <allison@darnauer.com> Sent: Friday, March 26, 2010 12:51 PM Attach: ASPEN CLUB EXPANSION FACT SHEET.pdf Subject: More Names to add in Opposiition Allison: Please add the following people, citizens and community members who are opposed to this expansion and development of the Aspen Club: 1. Sherry and Michael Flack P.O. Box 266, Woody Creek. Co. 81656 923-5964 2. Berni Mirin P.O. Box 7681 Aspen. C,O 920-2856 3. Pat Sharp, P.O. Box 8630, Aspen C) 81612 925-600.5 Subject: Fw: Can we add your name to a list in Opposition? The Aspen Club Development :Impacts on Density, Wildlife, Traffic, & Character of Neighborhood, 8~ as PUD ,is contrary to existing code: 1. The Aspen Club redevelopment proposal does NOT com_ ply with- the existing Land Use -Code requirements. The developer is asking to change the existing zoning to allow timeshares. The code 2. Total size of the new_Aspen Club will be 188.970 sq. ft. (above and below grade). This is the equivalent to more than_1 and 1/2 Wal-Marts, with over 94,000 sf. feet of the development above ground, impacting our views fro__m the Ute Trail. That's 2-1 /4 times LARGER than the existing Aspen Club. 3. These timeshares will negatively impact the density of_the neighborhood. 4. The redevelopment of the Aspen Club site will occur next to the historic Benedict site. It will negatively impact public views from the trail systems. It is at the entrance to our Nature Preserve, and is located along the beautiful riparian zone of tl~e Roaring Fork River. 5. This high end density project will produce more traffic, negatively impact Ute Avenue, because the Club has not included any enforcement "teeth" in its traffic mitigation plans. 6. This huge development will forever change the rural character of the neighborhood. The proposal does NOT comply with the Aspen Area Community Plan. 7. There are no guarantees that the Aspen Club will continue to function as a club once the zoning change is granted. Finally, this application does NOT benefit the community in general, but only existing club members, and it does NOT guarantee any community benefits in perpetuity, but only guarantees the negative impact in the future to this existing, rural neighborhood. What you can do to help: 3/26/2010 Page ? of 2 1. Please attend the March 31st Aspen City Council meeting at 5 pm to voice your concerns to Council. If you need further information or have questions, you may contact Darnauer Group Communications at 925-9010 x201 or x203. Attached is a fact sheet from them with additional information. 2. Write a letter to Aspen Daily News, and Aspen Times. either by delivering them personally, or go on line to Letters to the Editor, submit a letter, etc. 3. Email your Councilmen: Mick@sopris,net; Torre: hitorret~aol.com,___ Steve Skadron steve.skadron@ci.aspen_co.us; Steve Skadron skadron@comca_st.net Dwayne Romero dwayner@ci.aspen.co.us ;Dwayne Romero dw_.dyne.ro_me_ro_a~ci_aspen.co.us ;Derek Johnson djohnson@aspensnowmass. com 4. Please let Darnauer Group know if they can add your name to the list of those opposing these enormous development plans by emailing allison a~damauer,com. For latest information on City Council concerns, go to http:/lwww,aspendailynews.com/recent/2010/03/05 3/26/2010 Page 1 of 2 Justine From: "Junee Kirk" <junee.kirk@comcast.net> To: "Allison Miller" <allison@darnauer.com> Sent: Friday, March 26, 2010 11:44 AM Attach: ASPEN CLUB EXPANSION FACT SHEET.pdf Subject: Fw: Can we add your name to a list in Opposition? Please add Linda McClauslind's name to the listl Subject: Fw: Can we add your name to a list in Opposition? The Aspen Club Development :Impacts on Density, Wildlife, Traffic, & Character of Neighborhood, 8~ as PUD ,is contrary to existing code: 1. The Aspen Club redevelopment proposal does NOT comply with the existing Land U_ se Co_de_requirements. The developer is asking to change the existing zoning to allow timeshares. The code 2. Total size of the new Aspen Club will be 188.970 sq. ft. (above and below grade). This is the equivalent to more than 1 and 1/2 Wal-Marts, with over 94,000 sf. feet of the development above ground, impac_ti_ng our views from the Ute Trail. That's 2-1/4 times LARGER than the existing Aspen Club. 3. These times_ hares will negatively impact the density of the_neghborhood. 4. The redevelopment of the Aspen Club site will occur next to the historic Benedict site. _ It will negatively impact public views from the trail systems. It is at the entrance to our Nature Preserve, and is located along the beautiful riparian zone of the Roaring Fork River. 5. This high end density project will produce more traffic, negatively impact Ute Avenue, because the Club has not included any enforcement "teeth" in its traffic mitigation plans. 6. This huge development will forever change the rural character of the neighborhood. The proposal does NOT comply with the Aspen Area Community Plan. 7. There are no guarantees that the Aspen Club will continue to function as a club once the zoning change is granted. Finally, this application does NOT benefit the community in general, but only existing club members, and it does NOT guarantee any community benefits in perpetuity, but only guarantees the negative impact in the future to this existing, rural neighborhood. What you can do to help: 1. Please attend the March 31st Aspen City Council meeting at 5 pm to voice your concerns to Council. If you need further information or have questions, you may contact Darnauer Group Communications at 925-9010 x201 or x203. Attached is a fact sheet from them with additional information. 2. Write a letter to Aspen Daily News. and Aspen Times. either by delivering them personally, or go on line to Letters to the Editor, submit a letter, etc. 3/26/2010 Page 2 of 2 3. These timeshares will negatively impact the density of the neighborhood. 4. The redevelopment of the Aspen Club site will occur next to the historic ~enedict_site_ _It will negatively impact public views from the trail systems. It is at the entrance to our Nature Preserve, and is located along the beautiful riparian zone of the Roaring Fork Rive!. 5. This high end density project will produce more traffic, negatively impact Ute Avenue, because the Club has not included any enforcement "teeth" in its traffic mitigation plans. 6. This huge development will forever change the rural character of the neighborhood. The proposal does NOT comply with the Aspen Area Community Plan. 7. There are no guarantees that the Aspen Club will continue to function as a club once the zoning change is granted. Finally, this application does NOT benefit the community in general, but only existing club members, and it does NOT guarantee any community benefits in perpetuity, but only guarantees the negative impact in the future to this existing, rural neighborhood. What you ~.~ coo to help: 1. Please attend the March 31st Aspen City Council meeting at 5 pm to voice your concerns to Council. If you need further information or have questions, you may contact Darnauer Group Communications at 925-9010 x201 or x203. Attached is a fact sheet from them with additional information. 2. Write a letter to Aspen Daily News. and Aspen Times, either by delivering them personally, or go on line to Letters to the Editor, submit a letter, etc. 3. Email your Councilmen: Mick@sopris.net; Torre: hitorre@aol.com; .Steve Skadron steve,skadron@ci.aspen.co.us; Steve Skadron Skadron@comcast.net Dwayne Romero dwayner@ci.asp_en.co.us ;Dwayne Romero dwayne.romero@ci.aspen.co.us ;Derek Johnson djohnson@aspensnowmass. com 4. Please let Darnauer Group know if they can add your name to the list of those opposing these enormous development plans by emailing allison@darnauer.com. For latest information on City Council concerns, go to http://www.aspendailynews.com/recent/2010/03/05 3/26/2010 Page 1 of 2 ne From: "Elizabeth Farson" <efarson@sopris.net> To: "'Junee Kirk"' <junee.kirk@comcast.net> Sent: Monday, March 15, 2010 7:52 PM Subject: RE: Why You Should Oppose the Aspen Club Redevelopment! Thanks Junee. I sent an email to Janette's Group. Betty From: Junee Kirk [mailto:junee.kirk@comcast.net] Sent: Monday, March 15, 2010 7:00 PM To: ZZZ Cc: Carol;~n and Andy Popincha!k; Caro! Loe:a~enstern; Carol and Tom Kurt; Brian Andres; Brad l~rson; Bob Nix; Bob Klineman; Bob Hoover; Bob Fun; Bob Baum; Bob and Phylis Throm; Bill Wiener; Bill Wesson; Bill Jobe; Bill Capps; Betty Farson; Beth Hoff Blackmer; Bert Myrin; BERNARD PHILLIPS; Bernard Phillipps; Bates Hayes Subject: Fw: Why You Should Oppose the Aspen Club Redevelopment! [~ARI~AIJER GROI:P. t_t_c f Suattetc !.fuka-ttnp d. I'u5tt. I~claiton, _~ Jeanette Darnauer Darnauer Group Communications 308 S. Galena St. Aspen, CO 81611 970-925-9010 ph 970-920-4075 fax www_ ,dar•nauer.com Member, Public Relations Boutiques International (PRBI) Member, Counselor's Academy, Public Relations Society of America Why you should OPPOSED the Aspen Club Development 1. The Aspen Club redevelopment proposal does NOT comply with the exis_ tinq Land Use Code requirements. The developer is asking to change the existing zoning to allow timeshares. The__c_o_d__e 2. Total size of the new Ashen Club will lae_ 188.970 sa. ft.. (above and below grade). This is the equivalent to more than 1 and, 112 Wal_-Marts, with over 94,000 sf. feet of the development above ground, impacting our views from the Ute Trail. That's 2-1/4 times LARGER than the existing Aspen Cluh. 3. These timeshares will negatively impact the density of the neighborhood. 4. The redevelopment of the Aspen Club site will occur next to the hstoric__Benedict ste_. _It will negatively impact public views from the trail systems. It is at the entrance to our Nature Preserve, and is located along the beautiful riparian zone of the Roaring Fork River. Page 2 of 2 5. This high end density project will produce more traffic, negatively impact Ute Avenue, because the Club has not included any enforcement "teeth" in its traffic mitigation plans. 6. This huge development wilt forever change the rural character of the neighborhood. The proposal does NOT comply with the Aspen Area Community Plan. 7. There are no guarantees that the Aspen Club will continue to func#ion as a club once the zoning change is granted. Finally, this application does NOT benefit the community in general, but only existing club members, and it does NOT guarantee any community benefits in perpetuity, but only guarantees the negative impact in the future to this existing, rural neighborhood. What you can do to help: 1. Please attend the Marcie 31st Aspen City Council meeting at 5 pm to voice your concerns to Council. If you need further information or have questions, you may contact Darnauer Group Communications at 925-9010 xZ01 or x203. Attached is a fact sheet from them with additional information. 2. VVnte a letter to Asisen Gaily Ne~r;s a~,~ci f~~~s~,~:,~, i~~n,~s. either by delivering them personally, or go on line to Letters to the Editor, submit a letter, etc. 3. Email your Councilmen: Mick@sopris.net; Torre: hitorre@aol.com; Steve Skadron steve.skadron@ci.aspen.co.us; Steve Skadron skadron@comcast_net Dwayne Romero dwayne~ci.aspen.co.us ;Dwayne Romero dwayne.romero@ci.aspen,co,_us ;Derek Johnson djohnson@aspensnowmass. com 4. Please let Darnauer Group know if they can ~~dd your name to the list of those opposing these enormous development plans by E'P':1<Siiir~J allison@darnauer.corn. For latest information on City Council concerns, go to http://www.aspendailynews.com/recent/2010/03/05 3/26/2010 Page 1 of 1 From: "Kent Reed" <irkent@mac.com> To: "Jeanette Darnauer" <jeanette@darnauer.com>; "junee kirk" <junee.kirk@comcast.net> Sent: Wednesday, March 24, 2010 10:50 AM Subject: Fwd: Aspen Club Extension Begin forwarded message: From: Kent Reed <irkent@mac.com> Date: March 24, 2010 10:49:42 AM MDT To: Dwayne.Romero@ci.aspen.co,_u_s, Ste_ve.Skadron@ci.aspen.co.us, Torre@ci.aspen.co.us, Derek.Johnson@ci.aspen.co.us, Mick.lreland@ci.aspen.co.us Subject: Aspen Club Extension Dear Council Member: I want to voice my concern about the proposed expansion of the ASPEN CLUB. We are already experiencing urban sprawl and density in the downtown core (with a number of projects halted)...and now it seems this out-of-proportion proliferation is spreading to the suburbs. Please vote no on this issue. Kent Reed Irkent(c~mac.com 3/26/2010 Page 1 of 2 From: <skisnug@aol.com> To: <junee.kirk@comcast.net> Sent: Friday, March 26, 2010 8:03 AM Subject: Re: Can we add your name to a list in Opposition? Yes, Junee you can add my name to a list of opposition. Loretta Derose ---Original Message--- From: Junee Kirk <junee.kirk@comcast.net> Tc: ZZZ <june2.kirk@comcast.n2b Sent: Thu, Mar 25, 2010 11:02 am Subject: Fw: Can we add your name to a list in Opposition? The Aspen Club Development :Impacts on Density, Wildlife, Traffic, 8~ Character of Neighborhood, & contrary to existing code: 1. The Aspen Club redevelopment proposal does NOT comply. with the existi ~_Land Use Code requirements. The developer is asking to change the existing zoning to allow timeshares. The code. specifically states that a_II time shares belong in the commercial core and lodging zones and NOT rural, 2. Total size of the new Aspen_Club v~ill be 18i3.f~~; ~ sq. ft. (above and below grade). This is the equivalent to more than ~ and 7!2 Wal-Marts, with over 94,000 sf. feet of the development above ground, impacting. our views from the Ute Trail. Ti~at's 2-114 times LARGER than the existing Aspa~~ Club. - 3. These timeshares will negatively impact the density of_the neighborhood. 4. The redevelopment of the Aspen Club site will occur next to the historic Benedict site. _It will negatively impact public views from the trail systems. It is at the entrance to our Nature Preserve, and is Ioc:~Y~cl e~long the beautiful riparian zone of the Roaring !!=or!{ River. 5. This high end density project will produce more traffic, negatively impact Ute Avenue, because the Club has not included any enforcement "teeth" in its traffic mitigation plans. 6. This huge development will forever change the rural character of the neighborhood. The proposal does NOT comply with the Aspen Area Community Plan. 7. There are no guarantees that the Aspen Club will continue to function as a club once the zoning change is granted. Finally, this application does NOT benefit the community in general, but only existing club members, and it does NOT guarantee any community benefits in perpetuity, but only guarantees the negative impact in the future to this existing, rural neighborhood. Wht~t you rare do to help: 1. Please attend the ~~rcf~ alst Aspen City CO~unGil muting at 5 pm to voice your concerns to Council. If you need further information or have questions, you may contact Darnauer Group Communications at 925-9010 x201 or x203. Attached is a fact sheet from them with additional information. 3/26/2010 Page 2 of 2 2. Wnte a IetL~~ in Asper. _~~.~~,,~ I~tiel~t~s. and Aspen Times. either by delivering them personally, or go on line to Letters to the Editor, submit a letter, etc. 3. Email your Councilmen: Mick@sopris.net; Torre: hitorre~a aol.com; Steve Skadron steve.skadron ci.aspen.co.us; Steve Skadron skadron@comcast.net Dwayne Romero dwayner@ci.aspen.co.us ;Dwayne Romero dwayne.romero c~ci.aspen.co.us ;Derek Johnson djohnson@aspensnowmass.com 4. Please let Darnauer Group know if they can add your name to the list of those opposing these enormous development plans by emailing allison d_arnauer.com. For latest information on City Council concerns, go to http://www.aspendailynews.com/recent12010/03/05 3126/2010 Page 1 of 2 Justine From: "Jasmine Tygre" <jtygre@yahoo.com> To: ''Junes Kirk" ~junee.lcirk@comcasi.net> Sent: Thursday, March 25, 2010 7:45 PM Subject: Re: Fw: Can we add your name to a list in Opposition? Yes, please add my name to those opposed to this development. I have also sent a-mails to Council. Thanks for your work on this. Regards, Jasmine --- On Thu, 3/25/1, Junee Kirk <june~kirk@comcastnet> wrote: From: Junee Kirk <junee.kirk@comcast.net> Subject: Fw: Can we add your name to a list in Opposition? To: "ZZZ" <junee.kirk@comcast.net> Date: Thursday, March 25, 2010, 10:23 AM The Aspen Club Development :Impacts on Density, Wildlife, Traffic, 8 Character of Neighborhood, 8~ as PUD ,is contrary to existing code: 1. The Aspen Club redevelopment proposal does NOT comply with the existing. Land Use Code requirements.- The developer is asking to change the existing zoning to allow timeshares. The code specifcally states that all-time shares belong in the commercial core and_I_odgin_g zones and NOT rural, residential neighborhoods. 2. Total size of the new Aspen Club L>.-ib` >~e 188.970 sq, ft. (above and below grade). This is the equivalent to more than 1 and 112 Wal-iU~ ,arts, with over 94,000 sf. feet of the development above ground, im~actiny our views from the Ute Trail. That's 2-1/4 times LARGER than the existing Aspen Club. 3. These timeshares will negatively impact the density of the neighborhood. 4. The redevelopment of the Aspen Club site will occur next to the historic Benedict site- It will negatively impact public views from the trail systems. It is at the entrance to our Nature Preserve, and is located along the beautiful riparian zone of the Roaring Fork Riper. 5. This high end density project will produce more traffic, negatively impact Ute Avenue, because the Club has not included any enforcement "teeth" in its traffic mitigation plans. 6. This huge development will forever change the rural character of the neighbofiood. The proposal does NOT comply with the Aspen Area Community Plan. 7. There are no guarantees that the Aspen Club will continue to function as a club once the zoning change is granted. Finally, this application does NOT benefit the community in general, but only existing club members, and it does NOT guarantee any community benefits in perpetuity, but only guarantees the negative impact in the future to this existing, rural neighborhood. What you can do to help 3/26/2010 Page 2 of 2 ~. Please attend the 6Vlarch 31~~ ~~.~-r~a~:.~r~a ~;i~:y C;e~ta~~cil r~tee~:i~~~ a~ a pm to voice your concerns to Council. If you need further information or have questions, you may contact Darnauer Group Communications at 925-9010 x201 or x203. Attached is a fact sheet from them with additional information. 2. Write o letter to r~sl~en Daily News. ~:nd Ashen Times. either by delivering them personally, or go on line to Letters to the Editor, submit a letter, etc, 3. Email your Councilmen: Mick@sopris.net; Torre: hitorre@aol.com~ _Steve Skadron steve.skadron@ci.aspen.co.us; Steve Skadron skadron@comcast.net Dwayne Romero dwayner@ci.aspen,co.us ;Dwayne Romero dwayne.romeroLa7ci.aspen,co.us ;Derek Johnson djohnson@aspe_n_snowmass. com 4. Please let Darnauer Group know if they can add your name to the list of those opposing these enormous development plans by emailirg allison darnauer.com. For latest information on City Council concerns, go to http://www.aspendailynews.comlrecentl2010/03!05 ~IGOfG I V Page 1 of 2 Justine From: "Angela Young" <turtlemom02@hotmail.ccam> To: <junee.kirk@comcast.net> Sent: Thursday, March 25, 2010 10:46 AM Subject: RE: Can we add your name to a list in Opposition? Hi Junee! Of course you can & I just read another email re: opposition list. I have been out of country & out of town for almost 6 weeks--so I am really playing catchup w/ emails, etc. I will also plan on being @ council meeting-March 31??? Thanks for all that you do!!! Angela Young 413 W. Hopkins Ave. Aspen 970-925-8250 PS-If I need to sign something-I can do that also--I am @ home, cleaning, etc. From: junee.kirk@comcast.net To: junee.kirk@comcast.net Subject: Can we add your name to a list in Opposition? Date: Thu, 25 Mar 2010 09:54:02 -0600 The Aspen Club Development :Impacts on Density, Wildlife, Traffic, 8~ Character of Neighborhood, ~ contrary to existing code: 1. The Aspen Club redevelopment proposal does NOT com Code requirements. The developer is asking to change the to es. The code NOT rural, 2. Total size of the new Aspen Club ~~~ill he 188.970 sq. ft. (above and below grade). This is the equivalent to more. than 1 and 1/2 Wal-Marts, with over 94,000 sf. feet of the development above ground, impactin~c._our views from the Ute_Trail. That's 2-1/4 times LARGER than the existing Aspen Ciu~i~. 3. These timeshares will negatively impact the density of the neghb_o_rhood. 4. The redevelopment of the Aspen Club site will occur next to the historic Benedict site. It will negatively impact public views from the trail systems. It is at the entrance to our Nature Preserve, and is located along tt~e beautiful riparian zone of the Roaring Fork River. 5. This high end density project will produce more traffic, negatively impact Ute Avenue, because the Club has not included any enforcement "teeth" in its traffic mitigation plans. 6. This huge development will forever change the rural character of the neighborhood. The proposal does NOT comply with the Aspen Area Community Plan. 7. There are no guarantees that the Aspen Club will continue to function as a club once the zoning change is granted. Finally, this application does NOT benefit the community in general, but only existing club members, and it does NOT guarantee any community benefits in perpetuity, but only guarantees the negative impact in the future to this existing, rural neighborhood. 3/25/2010 Page 2 of 2 What you can do to I~el~>: 1. Please attend the March 31st Aspen City Council meeting at 5 pm to voice your concerns to Council. If you need further information or have questions, you may contact Darnauer Group Communications at 925-9010 x201 or x203. Attached is a fact sheet from them with additional information. 2. Uvrite a letter to Aspen Daily News, and Aspen Times. either by delivering them personally, or go on line to Letters to the Editor, submit a letter, etc. 3. Email your Councilmen: Mick sopris.net; Torre: hitorr~aol.com; _ Steve Skadron steve.skadron@ci,aspen.co.us; Steve Skadron skadron@comcast.net Dwayne Romero dwayner@ci.aspen.co.us ;Dwayne Romero dwayne.romero@ci.aspen.co.us ;Derek Johnson djohnson@aspensnowmass.com 4. Please let Darnauer Group know if they can add your name to the list of those opposing these enormous development plans by emailing allison(a~darnauer.com. For latest information on City Council concerns, go to http://www.aspendailynews.com/recent/2010/03/05 Hotmail: Trusted email with Microsoft's powerful SPAM protection. Sign up now. 3/2S/2~ 1 ~ Page 1 of 2 Justine From: "Junee Kirk" <junee.kirk@comcast.net> To: "Allison Miller" <allison@darnauer.com> Sent: Friday, March 26, 2010 10:42 AM Attach: ASPEN CLUB EXPANSION FACT SHEET.pdf Subject: Fw: Can we add your name to a list in Opposition? Add Karen Kribs to the list; She will write councilmen but cannot be here on the 3/31st because she is in Oklahoma. ----Original Message ---- From: Junee Kirk To: Karen Kribs Sent: Friday, March 26, 2010 10:34 AM Subject: Fw: Can we add your name to a list in Opposition? The Aspen Club Development :Impacts on Density, Wildlife, Traffic, 8~ Character of Neighborhood, 8~ as PUD ,is contrary to existing code: 1. The Aspen Club redevelopment proposal does NOT comply with the_existin_g Lan_d___Use Code requirements. The developer is asking to change the existing zoning to allow timeshares. The_code specifically states that all time shares belong in the com_ mercial core and_lodging zones and -NOT rural, residential- neighborhoods. 2. Tota_I_size of the new Aspen Club_will_be 1.88..970 sq. ft. above and below grade). This is the equivalent to more than 1 and 112 Wal-Marts, with over 94,000 sf. feet of the development above ground, impacting our views from the_Ute Trail. That's 2-1/4 times LARGER than the existing Aspen Club. 3. These times_h_ares will negatively impact the density of the neighborhood. 4. The redevelopment of the Aspen Club site will occur next to the historic Benedict site. It will negatively impact public views from the trail systems. It is at the entrance to our Nature Preserve, and is located along the beautiful riparian zone of tl~e Roaring Fork River. 5. This high end density project will produce more traffic, negatively impact Ute Avenue, because the Club has not included any enforcement "teeth" in its traffic mitigation plans. 6. This huge development will forever change the rural character of the neighborhood. The proposal does NOT comply with the Aspen Area Community Plan. 7. There are no guarantees that the Aspen Club will continue to function as a club once the zoning change is granted. Finally, this application does NOT benefit the community in general, but only existing club members, and it does NOT guarantee any community benefits in perpetuity, but only guarantees the negative impact in the future to this existing, rural neighborhood. What you can do to help: 1. Please attend the March 31st Aspen City Council meeting at 5 pm to voice your concerns to Council. If you need further information or have questions, you may contact Darnauer Group Communications at 925-9010 x201 or x203. Attached is a fact sheet from them with 3/26/20 ] 0 Page 2 of 2 additional information. 2. Write a letter to Aspen Daily News. and Aspen Times, either by delivering them personally, or go on line to Letters to the Editor, submit a letter, etc. 3. Email your Councilmen: Mick@sopris.net; Torre: hitorre@aol.com_;__ _Steve Skadron steve.skadron@ci.aspen.co.us; Steve Skadron skadron@comcast,net Dwayne Romero dwayner@ci.aspen.co.us ;Dwayne Romero dwa_yne.romero@ci.aspen.co.us ;Derek Johnson Johnson@aspensnowmass.com 4. Please let Darnauer Group know if they can add your name to the list of those opposing these enormous development plans by emailing allison a~ddarnauer.com. For latest information on City Council concerns, go to http:l/www.aspendailynews.com/recent/2010/03105 3/26/2010 Page 1 of 2 Justine From: "Jim Smith" <jimlindsaysmith@yahoo.com> To: "Junee Kirk" <junee.kiric@comcast.net> Sent: Monday, March 15, 2010 9:51 PM Subject: Re: Fw: Why You Should Oppose the Aspen Club Redevelopment! J, Thanks for the info. We'll do something on this but I don't think we can make the CC meeting that night. Also, thanks for the nice note about the bears. Lindsay --- On Mon, 3/15/10, Junee Kirk <june~kirk@comcas~net> wrote: From: Junee Kirk <junee.kirk@comcast.net> Subject: Fw: Why You Should Oppose the Aspen Club Redevelopment! To: "ZZZ" <junee.kirk@comcast.net> Date: Monday, March 15, 2010, 9:04 PM ----- Original Message I~:ARti.AUER S:ntccic ~Isrkctmg d~ Fa±lic Rclatwna Jeanette Darnauer Darnauer Group Communications 308 S. Galena St. Aspen, CO 81611 970-925-9010 ph 970-920-4075 fax www.darnauer.com Member, Public Relations Boutiques International (PRBI) Member, Counselor's Academy, Public Relations Society of America Why you should OPPOSED the Aspen Club Development 1. The Aspen Club redevelopment proposal does NOT comply with the existing Land Use Code requirements. The developer is asking to change the existing zoning to allow timeshares. 2. Total size of the new Aspen Club ~wiil i~~ ~ 88.970 sq. ft. (above and below grade). This is the equivalent to_more than 1 and 112 Wal-Mart, with over 94,000 sf. feet of the development above ground, impacting our views from the. Ute Trai_I. That's 2-114 times LARGER than the existing Asp~er~ Club. 3/26/2010 Page 2 of 2 I just learned that the Aspen Daily News is conducting an online poll, asking if people support or oppose the Aspen Club development plans. Please log on to www.aspendailynews.com < http://www.aspendailynew_s.com/> IMMEDIATELY and let your opposition be known. Right now, weare trailing way behind 62%to 34% in favor ofor of approval foor the Club. lti'OS'~' i lam not sure he how long you have to vote possibly thrrough Sunday - so please VOTE Thank you! Jeanette PS Please forward this to any friends who arenat on our list st or who I my have forgotten to add. Also EVERYONE in your family can vote! Jeanette Darnauer Darnauer Group Communications 308 South Galena Street Aspen, Colorado 816 i i 970-925-9010 (o) 970-379-5746 (c) 970-920-4075 (f)e C www.dar_n_auer.com < http:!/www.darnauer.com/> __ Member, Public Relations Boutiques International (PRBI) Member, Public Relations Society of America (PRSA) Member, PRSA Counselor's Academy 3/26/2010 Page 1 of 1 From: "Junee Kirk" <junee.kirk@comcast.net> To: "Allison Miller" <allison@darnauer.com> Sent: Friday, March 26, 2010 10:20 AM Attach: ASPEN CLUB EXPANSION FACT SHEET.pdf Subject: Fw: Can we add your name to a list in Opposition? Add Patsy Malone to the list The Aspen Club Development :Impacts on Density, Wildlife, Traffic, & Character of Neighborhood, & as PUD ,is contrary to existing code: 1. The Aspen Club redevelopment proposal does NOT comply_wth the existing Land Use Code requirements. The developer is asking to change the existing zoning to allow timeshares. The code specifically states that all time 2. Total size of the_nevr_Aspen_Club will be 188.970 sq. ft. (above and below grade}. This is the equivalent to more than 1 and 112 Wal-Marts, with over 94,000 sf. feet of the development above ground, impacting our views from. t_h__e Ute Trail. That's 2-114 times LARGER than the existing Aspen Club. 3. These timeshares will negatively impact the densitv_of the neighbor_ho_od. 4. The redevelopment of the Aspen Club site will occur next to the historic Benedict_site,_It will negatively impact public views from the trail systems. It is at the entrance to our Nature Preserve, and is located along the beautiful riparian zone of the Roaring Fork River. 5. This high end density project will produce more traffic, negatively impact Ute Avenue, because the Club has not included any enforcement "teeth" in its traffic mitigation plans. 6. This huge development will forever change the rural character of the neighborhood. The proposal does NOT comply with the Aspen Area Community Plan. 7. There are no guarantees that the Aspen Club will continue to function as a club once the zoning change is granted. Finally, this application does NOT benefit the community in general, but only existing club members, and it does NOT guarantee any community benefits in perpetuity, but only guarantees the negative impact in the future to this existing, rural neighborhood. What you can do to help: 1. Please attend the March 31st Aspen Gity Council meeting at 5 pm to voice your concerns to Council. If you need further information or have questions, you may contact Darnauer Group Communications at 925-9010 x201 or x203. Attached is a fact sheet from them with additional information. 2. Write a letter to Aspen Daily News. and Aspen Times.. either by delivering them personally, or go on line to Letters to the Editor, submit a letter, etc. 3. Email your Councilmen: Mick@sopris.net; Torre: hitorre@aol.com; ..Steve Skadron steve.skadron@ci.aspen.co.us; Steve Skadron Skadron@comcast.net Dwayne Romero d_wayner@ci.aspen,co.us ;Dwayne Romero dwayne.romero@ci.aspen.co.us ;Derek Johnson djohnson@aspensnowmass.com 4. Please let Darnauer Group know if they can add your name to the list of those opposing these enormous development plans by emailing allison_@darnauer.com. For latest information on City Council concerns, go to http:!/www.aspendailynews.com/recent/2010103105 Page 2 of 2 3. Email your Councilmen: Mick_ a~so~ris.net; Torre: hitorre@aol.com; Steve Skadron steve.skadron,@ci.aspen,co.us; Steve Skadron skadron@comcast.net Dwayne Romero dwayner@ci.aspen.co.us ;Dwayne Romero dwayne.rom_ero@ci.aspen.co.us ;Derek Johnson djohnson aspensnowmass.com 4. Please let Damauer Group know if they can add your name to the list of those opposing these enormous development plans by emailing allison(aadarnauer.com. For latest information on City Council concerns, go to http://www.aspendailynews.com/recent12010/03/05 <ASPEN CLUB EXPANSION PACT SHEET.pdf> 3/26/2010 Page 1 of 2 Justine From: "Irma Prodinger" <iprodinger@comcast.net> To: "Junee Kirk" <junee.kirk@comcast.net> Sent: Friday, March 26, 2010 10:28 AM Subject: Re: Can we add your name to a list in Opposition? JUNEE, YES PLEASE ADD MY NAME TO AND AGAINST THIS DEVELOPMENT, IT IS IN THE RESIDENTIAL ZONE, LETS SAFE THE ZONING FOR THE RESIDENCES IN THE NEIGHBORHOOD, IRMA. On Mar 26, ?010, at 10:13 AM, Junee Kirk wrote: The Aspen Club Development :Impacts on Density, Wildlife, Traffic, ~ Character of Neighborhood, 8 as PUD ,is contrary to existing code: 1. The Aspen Club redevelopment proposal does NOT comply with the existing Land Use Code requirements. The developer is asking to change the existing zoning to allow timeshares. The code specifically states that all time shares belong 2. Total size of the new Aspen Club will be 188.970 sq. ft. (above and below grade). This is the equivalent to more than 1 and 1I2 Wal-Marts, with over 94,000 sf. feet of the development above ground, i~acting our views from the Ute Trail. That's 2-1/4 times LARGER than the existing Aspen Club. 3. These timeshares will negatively impact the densi _of_the neighborhood. 4. The redevelopment of the Aspen Club site will occur next to the historic_Benedictsite. _It will negatively impact public views from the trail systems. It is at the entrance to our Nature Preserve, and is located along the beautiful riparian zone of the Roaring Fork River. 5. This high end density project will produce more traffic, negatively impact Ute Avenue, because the Club has not included any enforcement "teeth" in its traffic mitigation plans. 6. This huge development will forever change the rural character of the neighborhood. The proposal does NOT comply with the Aspen Area Community Plan. 7. There are no guarantees that the Aspen Club will continue to function as a club once the zoning change is granted. Finally, this application does NOT benefit the community in general, but only existing club members, and it does NOT guarantee any community benefits in perpetuity, but only guarantees the negative impact in the future to this existing, rural neighborhood. What you can do to help: 1. Please attend the March 31st Aspen City Council meeting at 5 pm to voice your concerns to Council. If you need further information or have questions, you may contact Darnauer Group Communications at 925-9010 x201 or x203. Attached is a fact sheet from them with additional information. 2. Write a letter to Aspen Daily News. and Aspen Times, either by delivering them personally, or go on line to Letters to the Editor, submit a letter, etc. 3/26/2010 Page 2 of 2 3. Email your Councilmen: Mick sopris.net; Torre: hitorre@aol.com; Steve Skadron steve.skadro_n ci.aspen.co.us; Steve Skadron skadron_@comcast.net Dwayne Romero dwayner@ci.aspen.co.us ;Dwayne Romero dwavne.romero@ci.aspen.co.us ;Derek Johnson d~odj hnso_n@aspensnowmass.com 4. Please let Darnauer Group know if they can add your name to the list of those opposing these enormous development plans by emailing allison@darnauer.com. 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