HomeMy WebLinkAboutagenda.council.regular.20100524CITY COUNCIL AGENDA
May 24, 2010
5:00 P.M.
Call to Order
II. Roll Call
III. Scheduled Public Appearances
a) 2010 Historic Preservation Awards
IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT
on the agenda. Please limit your comments to 3 minutes)
V. Special Orders of the Day
a) Councilmembers' and Mayor's Comments
b) Agenda Deletions and Additions
c) City Manager's Comments
d) Board Reports
VI. Consent Calendar (These matters may be adopted together by a single motion)
a) Resolution #34, 2010 — Brush Creek Park-n-Ride Lease Agreement Renewal
b) Resolution #36, 2010 — Red Brick Gymnastics Pit Construction Contract
c) Resolution #37, 2010 — Red Brick Gymnastics Equipment
d) Resolution #38, 2010 — Contract with Aspen Sanitation Agreement Burlingame
e) Resolution #39, 2010 — East of Aspen Trail Construction Contract
f) Resolution #40, 2010 - Support Process for Roaring Fork Watershed Plan
g) Minutes — May 10, 2010
VII. First Reading of Ordinances
a) Ordinance #13, 2010 — Urban Runoff Management Plan P.H. 6/7
Vill. Public Hearings
a) Ordinance #9, 2010 — Land Use Code Amendments
b) Ordinance #2, 2010 — Aspen Club Final PUD
IX. Action Items
X. Executive Session
XI. Adjournment
Next Regular Meeting June 7, 2010
COUNCIL'S ADOPTED GUIDELINES
✓ Stick to top priorities
✓ Foster a safe, supportive, innovative work environment that encourages creativity and acceptable
risk -taking
✓ Create structure and allow adequate time & resources for citizen processes
COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M.
NA a..
MEMORANDUM
TO: Mayor and Council
FROM: John D. Krueger, Transportation
THRU: Randy Ready, Assistant City Manager
DATE: May 17, 2010
MEETING DATE: May 24, 2010
RE: Resolution #rush Creek Park-N-Ride Lease Agreement
Renewal
SUMMARY:
Attached is Resolution o34- requesting City Council approval of the joint Lease
Agreement for the Brush Creek Park-N-Ride between the City of Aspen and RFTA as
joint Lessees and the State of Colora o acting by and through CDOT as the Lessor. City
Council approval of resolution #will authorize the City Manager to execute the
lease agreement on behalf of the City of Aspen.
PREVIOUS COUNCIL ACTION:
City Council and RFTA approved the original lease through resolution # 20 (series 2005)
on March 31, 2005.
L. 1 NKOM1110111
The Brush Creek Park N Ride lot is owned by the State of Colorado acting through the
CDOT. The City executed the current and original lease on behalf of the EOTC in 2005
because the EOTC is an advisory committee and has no authority to execute leases. The
Intergovernmental Agreement of 2005 between the EOTC members and RFTA governs
the management, maintenance, and use of the park n ride.
DISCUSSION:
The term of the lease is five years and ends in 2015. The rent is $250.00 for the five year
lease term. Staff and legal counsel from the City of Aspen, RFTA and CDOT have
reviewed the lease as to form and content. The terms and conditions of the lease
agreement are essentially the same for this new agreement.
Page 1 of 2
HABrush Creek LeasOBC Lease Council memo 2010.docx 5/17/2010
FINANCIAL IMPLICATIONS:
The City of Aspen will pay the one-time lease rental of $250.00 for the five year lease
and can be reimbursed by the EOTC.
RECOMMENDATION:
Staff recommends approval of Resolution #-to allow the City Manager to execute the
Brush Creek Park-N-Ride joint Lease Agreement.
ALTERNATIVES:
The Mayor and Council could decide to not approve the Brush Creek Park-N-Ride joint
Lease Agreement. If the joint Lease Agreement is not approved, all parking and transit
activities will have to cease.
PROPOSED MOTION:
"I move to approve Resolution # �'�to allow the City Manager to execute the Brush
Creek Park-N-Ride joint Lease Agreement with RFrA and CDOT."
Attachment: Resolution # (series 2010)
Brush Creek Park-N-Ride Lease Agreement
Page 2 of 2
HABmsh Creek Lease\BC Lease Council memo 2010.docx 5/17/2010
RESOLUTION NO.
(Series of 2010)
A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO APPROVING
A LEASE AGREEMENT FOR THE BRUSH CREEK PARK -AND -RIDE LOT
BETWEEN THE CITY OF ASPEN, COLORADO, THE ROARING FORK
TRANSPORTATION AUTHORITY (RFTA) AND THE STATE OF COLORADO
ACTING BY AND THROUGH THE COLORADO DEPARTMENT OF
TRANSPORTATION (CDOT), SETTING FORTH THE TERMS AND CONDITIONS
OF THE LEASE AGREEMENT AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID LEASE AGREEMENT.
WHEREAS, there has been submitted to the City Council a Lease Agreement for the Brush
Creek Park -and -Ride lot between the City of Aspen, Colorado, and the Roaring Fork Transportation
Authority, and the State of Colorado acting by and through the Colorado Department of
Transportation, a copy of which agreement is annexed hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby approves the Lease Agreement for the Brush
Creek Park -and -Ride Lot between the City of Aspen, Colorado, and the Roaring Fork Transportation
Authority, and the State of Colorado acting by and through the Colorado Department of
Transportation, a copy of which is annexed hereto and incorporated herein, and does hereby authorize
the City Manager of the City of Aspen to execute said Lease Agreement on behalf of the City of
Aspen.
Dated:
Michael C. Ireland, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true
and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at its
regular meeting held May 24, 2010.
Kathryn S. Koch, City Clerk
PROPERTY MGMT. NO.:100259
PROJECT NO.: STIR 0821-029, Unit 3
PROJ. CODE: 10211(original) 12269 (current)
PARCEL NO.:302-L
LOCATION: SH82 & Brush Creek Road (Brush
Creek Park N Ride Lot)
LEASE AGREEMENT
(Vacant Land)
THIS LEASE AGREEMENT made and entered into this day of , by and
between the State of Colorado acting by and through the Colorado Department of Transportation, CDOT,
hereinafter referred to as "Lessor", and the City of Aspen and the Roaring Fork Transportation
Authority, hereinafter referred to as "Lessee".
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree
as follows:
1. PREMISES, Lessor hereby leases and demises unto Lessee the Premises, hereinafter referred
to as "Premises" located in Lots 9 & 10 Section 21, Township 9 South, Ranae 85 West of the 61h
Principle Meridian in Pitkin County . The Premises, known and described as Parcel 302-L, of Project
STR 0821-029, Unit 3, includes approximately 21.440 acres of land area. The leased Premises being as
shown on the plat attached hereto, made a part hereof and marked "Exhibit A," and as shown on the plat
attached hereto, made part hereof and marked "Exhibit B."
2. TERM The term of this Lease shall begin on May 15, 2010 and end on May 14, 2016, subject to
the cancellation and termination provisions herein.
3. RENT. Lessee shall pay $250.00 for the term hereof. Payments shall be made payable to the
Colorado Department of Transportation at:
Colo. Dept. of Transportation
C/o Accounting Receipts & Deposits
4201 East Arkansas Ave., Rm. 212
Denver, CO 80222
or at such place as Lessor from time to time designates by notice as provided herein.
4. USE. It is understood and agreed that the Lessee intends to use the Premises only for a Park
and Ride Facility and associated landscaping. The Premises may not be used for any other purpose
without the specific written prior permission of the Lessor. Any other use of the Premises shall constitute
material breach of this Lease and may cause this Lease to terminate immediately at the Lessors option.
5. TAXES, UTILITIES, MAINTENANCE AND OTHER EXPENSES. It is understood and agreed that
this Lease shall be an absolute Net Lease with respect to Lessor, and that all taxes, assessments,
insurance, utilities and other operating costs and the cost of all maintenance, repairs, and improvements,
and all other direct costs, charges and expenses of any kind whatsoever respecting the Premises shall be
borne by Lessee and not by the Lessor so that the rental return to Lessor shall not be reduced, offset or
diminished directly or indirectly by any cost or charge. Lessee shall maintain the Premises in good repair
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and in tenable condition free of trash and debris during the term of this Lease. Lessor shall have the right
to enter the Premises at any time for the purpose of making necessary inspections.
6. HOLD HARMLESS. To the extent permitted by law the Lessee shall save, indemnify and hold
harmless the Lessor and FHWA for any liability for damage or loss to persons or property resulting from
Lessee's occupancy or use of the
Premises.
7. OWNERSHIP. The State of Colorado is the owner or the Premises. Lessor warrants and
represents himself to be the authorized agent of the State of Colorado for the purposes of granting this
Lease.
8. LEASE ASSIGNMENT. Lessee shall not assign this Lease and shall not sublet the demised
Premises without specific written permission of the Lessor and will not permit the use of said Premises to
anyone, other than Lessee, its agents or employees, without the prior written consent of Lessor.
9. APPLICABLE LAW. The laws of the State of Colorado and rules and regulations issued pursuant
thereto shall be applied in the interpretation, execution and enforcement of this Lease. Any provision of
this Lease, whether or not incorporated herein by reference, which provides for arbitration by any extra-
judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be
considered null and void. Nothing contained in any provision incorporated herein by reference which
purports to negate this or any other special provision in whole or in part shall be valid or enforceable or
available in any action at law whether by way of compliant, defense or otherwise. Any provision rendered
null and void by the operation of this provision will not invalidate the remainder of this Lease to the extent
that this Agreement is capable of execution.
10. CANCELLATION. Both parties understand that at any time before the scheduled expiration of
the term of this Lease, Lessor has the right to cancel the Lease without liability by giving the Lessee
90-dav written notice of its intention to cancel the Lease. The notice shall be hand delivered,
posted on the Premises, or sent to the Lessee, at the address of the Lessee contained herein by Certified
Mail, return receipt requested. This Lease may also be canceled by the Lessee by giving the Lessor
90-dav written notice of their intent to do so.
11. COMPLETE AGREEMENT. This Lease, including all exhibits, supersedes any and all prior
written or oral agreements and there are no covenants, conditions or agreements between the parties
except as set forth herein. No prior or contemporaneous addition, deletion, or other amendment hereto
shall have any force or affect whatsoever unless embodied herein in writing. No subsequent novation,
renewal, addition, deletion or other amendment hereto shall have any force or effect unless embodied in
a written contract executed and approved pursuant to the State Fiscal Rules.
12. CAPTIONS, CONSTRUCTION, AND LEASE EFFECT. The captions and headings used in this
Lease are for identification only, and shall be disregarded in any construction of the Lease provisions. All
of the terms of this Lease shall inure to the benefit of and be binding upon the respective heirs,
successors, and assigns of both the Lessor and the Lessee. If any provision of this Lease shall be
determined to be invalid, illegal, or without force by a court of law or rendered so by legislative act then
the remaining provisions of this Lease shall remain in full force and effect.
13. NO BENEFICIAL INTEREST. The signatories aver that to their knowledge, no state employee
has any personal or beneficial interest whatsoever in the service or property described herein.
14. NO VIOLATION OF LAW. The Lessee shall not commit, nor permit the commission of, any act or
thing, which shall be a violation of any ordinance of the municipality, City, County, or of any law of the
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State of Colorado or the United States. The Lessee shall not use the Premises for any manner, which
shall constitute a nuisance or public annoyance. The signatories hereto aver that they are familiar with
18-8-301, at seq., (Bribery and Corrupt Influences) and 18-8-401, et seq., (Abuse of Public Office),
C.R.S., as amended, and that no violation of such provisions is present. The signatories aver that to their
knowledge, no state employee has any personal or beneficial interest whatsoever in the service or
property described herein.
15. NOTICE. Any notice required or permitted by this Lease may be delivered in person or sent by
registered or certified mail, return receipt requested, to the party at the address as hereinafter provided,
and if sent by mail it shall be effective when posted in the U.S. Mail Depository with sufficient postage
attached thereto:
LESSOR:
Colo. Dept. of Transportation
Property Management Manager
15285 S. Golden Rd., Bldg. 47
Golden, Colorado 80401
Tel: (303) 512-5550
LESSEE:
John D. Krueger
Director of Transportation
City of Aspen
130 S. Galena St.
Aspen, CO 81611
(970) 920-5042
LESSEE:
Dan Blankenship
CEO - RFTA
Roaring Fork
Transportation Authority
2307 Wulfsohn Road,
Glenwood Springs,
CO 81601
(970)384-4981
Notice of change of address shall be treated as any other notice. The Lessee warrants that the address
listed above is the Lessee's current mailing address and that the Lessee will notify the Lessor in writing of
any changes in that address within ten (10) days of such change.
16. HOLDING OVER. If the Lessor allows the Lessee to occupy or use the Premises after the
expiration or sooner termination of this Lease, the Lessee becomes a Holdover Tenant and shall be a
month -to -month Lessee subject to all the laws of the State of Colorado applicable to such tenancy. The
rent to be paid by Lessee during such continued occupancy shall be the same being paid by Lessee as of
the date of expiration or sooner termination. Lessor and Lessee each hereby agree to give the other
party at least thirty (30) days written notice prior to termination of this holdover tenancy.
17. CHIEF ENGINEER'S APPROVAL. This Lease shall not be deemed valid until it has been
approved by the Chief Engineer of the Colorado Department of Transportation and by the Lessee.
18. HAZARDOUS MATERIALS. The Lessee agrees to defend, indemnify and hold harmless the
Lessor and any employees, agents, contractors, and officials of the Lessor against any and all damages,
claims, liability, loss, fines or expenses, including attorney's fees and litigation costs, related to the
presence, disposal, release or clean-up of any contaminants, hazardous materials or pollutants on, over,
under, from or affecting the property subject to this Lease, which contaminants or hazardous materials
the Lessee or its employees, agents, contractors or officials has caused to be located, disposed, or
released on the property. The Lessee shall also be responsible for all damages, claims and liability to the
soil, water, vegetation, buildings or personal property located thereon as well as any personal injury or
property damage related to such contaminants or hazardous materials.
19. NO NEW PERMANENT STRUCTURES OR IMPROVEMENTS. No new permanent structures or
improvements of any kind shall be erected or moved upon the Premises by the Lessee without the
express written prior permission of the Lessor. Any such structure or improvement erected or moved
upon the Premises without the express written consent of the Lessor may be immediately removed by the
Lessor at the expense of the Lessee. Further, any structures, improvements or items of any kind
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remaining on the Premises at the termination of the Lease will be considered abandoned by the Lessee
and may be immediately removed by Lessor at the Lessee's expense.
20. BINDING AGREEMENT. This Lease shall be binding upon and inure to the benefit of the
partners, heirs, executors, administrators, and successors of the respective parties hereto.
21. DEFAULT. If: (1) Lessee shall fail to pay any rent or other sum payable hereunder for a period of
10 days after the same is due; (2) Lessee shall fail to observe, keep or perform any of the other terms,
agreements or conditions contained herein or in regulations to be observed or performed by Lessee and
such default continues for a period of 30 days after notice by Lessor; (3) This Lease or any interest of
Lessee hereunder shall be levied upon by any attachment or execution, then any such event shall
constitute an event of default by Lessee. Upon the occurrence of any event of default by Lessee
hereunder, Lessor may, at its option and without any further notice or demand, in addition to any other
rights and remedies given hereunder or by law, do any of the following:
(a) Lessor shall have the right, so long as such default continues, to give notice of termination to
Lessee. On the date specified in such notice (which shall not be less than 3 days after the giving of such
notice) this Lease shall terminate.
(b) In the event of any such termination of this Lease, Lessor may then or at any time thereafter,
re-enter the Premises and remove there from all persons and property and again repossess and enjoy
the Premises, without prejudice to any other remedies that Lessor may have by reason of Lessee's
default or of such termination.
(c) The amount of damages which Lessor may recover in event of such termination shall include,
without limitation, (1) the amount at the time of award of unpaid rental earned and other sums owed by
Lessee to Lessor hereunder, as of the time of termination, together with interest thereon as provided in
this Lease, (2) all legal expenses and other related costs incurred by Lessor following Lessee's default
including reasonable attorneys' fees incurred in collecting any amount owed hereunder (3) any damages
to the property beyond its present condition.
(d) Upon the Lessee's failure to remove its personal property from the Premises after the
expiration of the term of this Lease, Lessor may in its sole discretion, without notice to or demand upon
Lessee, remove, sell or dispose of any and all personal property located on the Premises. Lessee waives
all claims for damages that may be caused by Lessor's removal of property as herein provided.
22. INSURANCE. (Revised 2006 per State Controller Requirements)
(a) The Lessee shall obtain and maintain, at all times during the duration of this Lease,
insurance in the kinds and amounts detailed below. The Lessee shall require any Contractor working for
Lessee on the Premises to obtain like coverage. The following insurance requirements must be in effect
during the entire term of the Lease. Lessee shall, at its sole cost and expense, obtain insurance on its
inventory, equipment and all other personal property located on the Premises against loss resulting from
fire, theft or other casualty.
(b) Workers' Compensation Insurance as required by State statute, and Employer's Liability
Insurance covering all employees acting within the course and scope of their employment and work on
the activities authorized by this Lease in Paragraph 4.
(c) Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93
or equivalent, covering Premises operations, fire damage, blanket contractual liability, personal injury,
and advertising liability with minimum limits as follows:
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$1,000,000 each occurrence;
2. $2,000,000 general aggregate;
3. $50,000 any one fire.
If any aggregate limit is reduced below $1,000,000 because of claims made or paid, the Lessee,
or as applicable, its Contractor, shall immediately obtain additional insurance to restore the full
aggregate limit and furnish to CDOT a certificate or other document satisfactory to CDOT
showing compliance with this provision.
(d) If any operations are anticipated that might in any way result in the creation of a pollution
exposure, Lessee shall also provide Pollution Legal Liability Insurance with minimum limits of liability of
$1,000.000 Each Claim and $1,000,000 Aggregate. CDOT shall be named as an Additional Insured to
the Pollution Legal Liability Policy. The Policy shall be written on a Claims Made form with an extended
reporting period of at least two years following the expiration date of the Lease or with the continuation of
policy coverage for at least two years following the expiration date of the Lease.
(e) Umbrella or Excess Liability Insurance with minimum limits of $1,000,000. This policy
shall become primary (drop down) in the event the primary Liability Policy limits are impaired or
exhausted. The Policy shall be written on an Occurrence form and shall be following form of the primary.
The following form Excess Liability shall include CDOT as an Additional Insured.
(f) CDOT shall be named as Additional Insured on the Commercial General Liability
Insurance policy. Coverage required by the Lease will be primary over any insurance or self-insurance
program carried by the State of Colorado.
(g) The Insurance shall include provisions preventing cancellation or non -renewal without at
least 30 days prior notice to CDOT by certified mail to the address contained in this document.
(h) The insurance policies related to the Lease shall include clauses stating that each carrier
will waive all rights of recovery, under subrogation or otherwise, against CDOT, its agencies, institutions,
organizations, officers, agents, employees and volunteers.
(i) All policies evidencing the insurance coverage required hereunder shall be issued by
insurance companies satisfactory to CDOT.
0) In order for this Lease to be executed, the Lessee, or as applicable, the Lessee's
Contractor, shall provide certificates showing insurance coverage required by this Lease to CDOT prior to
the execution of this Lease. No later than 30 days prior to the expiration date of any such coverage, the
Lessee or Contractor shall deliver to the Notice Address of CDOT certificates of insurance evidencing
renewals thereof. At any time during the term of this Lease CDOT may request in writing, and the Lessee
or Contractor shall thereupon within 10 days supply to CDOT, evidence satisfactory to CDOT of
compliance with the provisions of this section. Insurance coverage must be in effect or this Lease is in
default.
(k) Notwithstanding subsection (a.) of this section, if the Lessee is a "public entity" within the
meaning of the Colorado Governmental Immunity Act CRS 24-10-101, et sea., as amended ("Act'), the
Lessee shall at all times during the term of this Lease maintain only such liability insurance, by
commercial policy or self-insurance, as is necessary to meet its liabilities under the Act. Upon request by
CDOT, the Lessee shall show proof of such insurance satisfactory to CDOT. Public entity Lessees are
not required to name CDOT as an Additional Insured.
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(I) If the Lessee engages a Contractor to act independently from the Lessee on the Premises,
that Contractor shall be required to provide an endorsement naming CDOT as an Additional Insured on
Contractor's Commercial General Liability and Umbrella or Excess Liability policies.
IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement on the day and year
first above written.
LESSEE:
Roaring Fork
Trans rtatio Authori
(If Corporation) By: (O 1
Attest (Seal) Dan Blankenship,
Chief Executive Officer
By
Secretary Federal Tax Identification Number
STATE OF COLORADO )
) ss
COUNTY OF )
The foregoing instrument was subscribed and sworn to before me this _ day of ,
by
Witness my hand and official seal.
My commission expires
Notary Public
Address:
Rev.3/06
Page 6 of 7
(If Corporation)
Attest (Seal)
By
Secretary
STATE OF COLORADO )
) ss
COUNTY OF )
LESSEE:
City of Aspen
By:
(Name)
City Manager
Federal Tax Identification Number
The foregoing instrument was subscribed and sworn to before me this _ day of
by
Witness my hand and official seal.
My commission expires
ATTEST:
Bernhardt K. Rasmussen
Chief Clerk
Address:
Notary Public
LESSOR:
COLORADO DEPARTMENT OF
TRANSPORTATION
Pamela Hutton, P.E.
Chief Engineer
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Page 7 of 7
Exhibit "A"
Project No. STIR 0821-029 UNIT 3
Parcel No. 302-L
Page No. 1 of 2
EXHIBIT "A"
PROJECT NO, STIR 0821-029 UNIT 3
PARCEL NO. 302-L
PROJECT CODE 12269
October 29, 2004
DESCRIPTION
Printed: 10/29/04
A tract or parcel of land No.302-1 of the Department of Transportation, State of Colorado, Project
No. PROJECT NO. STIR 0821-029 UNIT 3 containing 21.440 acres, more or less, in Lots 9 and
10, Section 21, Township 9 South, Range 85 West, 6th Principal Meridian, in Pitkin County,
Colorado, said tract or parcel being more particularly described as follows:
Commencing at the Section Comer common Sections 21, 22,27 and 28, T. 9 S., R. 85 W. 6th
P.M., a 1992 3 112 inch diameter brass cap PLS 16129; thence N. 65"33'21" W. a distance of
1,130.76 feet to the TRUE POINT OF BEGINNING;
1. Thence N. 53"2522" E., a distance of 282.39 feet
2. Thence N. 28"41'45" W., a distance of 118.62 feet;
3. Thence N. 20"04'52" E., a distance of 127.06 feet;
4. Thence N. 4*32*160 E., a distance of 180.60 feet;
5. Thence N. 3"40'22" W., a distance of 949.49 feet;
6. Thence N. 11 "09'44" E., a distance of 252.30 feet;
7. Thence N. 12"28'42" W., a distance of 220.29 feet;
8. Thence N. 31 *19*11" W., a distance of 118.90 feet;
9. Thence S. 83*05*44" W., a distance of 410.40 feet;
10. Thence S. 0'49'01" W., a distance of 339.82 feet;
11. Thence S. 17"51'59" E., a distance of 209.25 feet;
10. Thence S. 17"41'59" E., a distance of 73.02 feet;
11. Thence S. 6021'59" E., a distance of 53.86 feet;
12. Thence N. 82006'28" E., a distance of 148.49 feet;
13. Thence S. 9049'53" E., a distance of 221.97 feet;
14. Thence S. 79°24'46" W., a distance of 235.73 feet;
Exhibit "A" Printed: 10/29/04
Project No. STIR 0821-029 UNIT 3
Parcel No. 302-L
Page No. 2 of 2
15. Thence S. 74°34'01" W., a distance of 185.51 feet;
16. Thence S. 15°04'47" E., a distance of 785.67 feet;
17. Thence S. 12*19'57" E., a distance of 342.54 feet;
18. Thence N. 85°41'23" E., a distance of 162.01 feet;
19, Thence N. 53°25'22" E., a distance of 282.39 feet;
20. Thence N. 28°41'45" W., a distance of 118.62 feet, more or less, to the TRUE
POINT OF BEGINNING.
The above described parcel contains 21.440 acres, mdre or less.
Basis of Bearings: S. 89°223G"E. along the Section Ilne common to Sections 21 and 28,
T. 9 S., R. 85 W., 6th P.M. from the Section Corner common Sections 21, 22,27
and 28, T. 9 S., R. 85 W. 6th P.M., a 1992 3 1/2 inch diameter brass cap PLS
16129 to the 1/4 comer common to sections 21 and 28 1994 31/4 inch diameter
C.D.O.H, aluminum cap monument PLS 17491.
This Description Written By: Keith J. Sours
The Department of Transportation, State of Colorado
222 South Sixth St. Room 317
Grand Junction, CO 81501
Checked By:
MEMORANDUM
TO: MAYOR & CITY COUNCIL
FROM: TIM ANDERSON, RECREATION DIRECTOR
CC: JEFF WOODS, MANAGER OF PARKS & RECREATION
MEETING DATE: MAY 24, 2010
RE: APPROVAL OF CONTRACT FOR GYMNASTICS
PITS CONSTRUCTION
REQUEST OF COUNCIL: Staff is requesting Council approval of the attached contract for the
construction of the Red Brick Gymnastics Pits by CHOPU Construction, a local contractor, in
the amount of $63,880. This is a great price for the City as well as the Gymnastics program
under the original $250,000 construction budget for this project.
PREVIOUS COUNCIL ACTION: Council asked staff to identify drop dead dates for certain
capital projects to move forward in 2010. The Gymnastics pits were one of those identified as a
project that needed approval within the 15` quarter of 2010 in order for it to be completed in a
timeline that disrupted the program the least (June thru August). In a March meeting with
Council, the Finance Department identified that revenue trends were showing a funding source
adequate to cover the cost of the Gymnastics Pits project.
Council approved moving forward with this project in March with the knowledge that it would
have another opportunity to review the contracts when they came forward for approval. A
project cost estimate was identified early in the process in 2008 by our engineering firm as
$250,000 for the construction of the pits. The contract is being awarded for a significantly
lower amount than originally estimated due to the conservative estimate by the engineering firm
at the peak of the construction boom when it was very difficult to get contractors to even bid on
small construction projects.
BACKGROUND: In recent years the construction of the gymnastics pits has been a topic of
discussion during the budget process. Due to concerns about available funding and trends in the
economy this project has been delayed.
While the gymnastics program is in no way unsafe, the gymnasts' level of ability has improved
greatly and the new pits will ensure the highest level of safety in the program for all levels of
participants. Gymnastics coach John Bakken along with parents of children participating in the
program have spoken to Council in the past as to how these pits will ensure the safety of the
program and make it easier for coaches to spot gymnasts while performing stunts.
DISCUSSION: Staff provided information to Council during the 2010 budget process that
identified the safety improvements that could be made for the participants of the program by
constructing gymnastics pits. The pits create a facility which is safer for the coaches and the
athletes by:
Bringing the trampolines and safety matting down to ground level to significantly
increase the level of safety for all of the three hundred participants involved in the
gymnastics program.
Providing in ground equipment as the safety standard for facilities that offer the types of
programming available here.
Bringing the trampolines and safety matting down to ground level to achieve two things:
First, if a participant falls off the trampoline s/he will not fall over three feet to the
ground. S/he will simply land on well -padded matting that surrounds the trampoline at
the same level of the tramp bed. Since everyone in the program uses the trampolines,
everyone will benefit from this safety improvement. Second, the surfaces provided by the
in -ground safety matting give participants a much softer and forgiving landing surface to
utilize while learning gymnastics progressions at every level of ability.
The gymnastics program has always achieved a very strong safety record and these facility
improvements will not only further increase the level of safety for the coaches and participants,
but will also provide the athletes with the training benefits of a state of the art facility.
Note: Also included in Council's packet is the contract for purchase of the equipment to fit the
new gymnastics pits. To keep a tight timeline on the construction and introduction of the
equipment associated with the pits, staff is requesting approval of both of these contracts at the
same meeting.
FINANCIAL IMPLICATIONS:
The original approved budgets for the construction and equipment installation were $330,000 as
follows:
Task:
Estimated Cost:
Pit Construction (to include mgmt.
Fees and staff time) $250,000
Equipment Purchase $ 50,000
Contingency (10%) 30,000
Total Estimated Cost: $330, 000
The City will be saving considerable money on this project over the original estimates as actual
costs are far below the original estimates:
Current Identified Costs:
Task: Identified Costs:
Pit Construction $63,880
Project Mgmt. (10%) $ 6,300
Staff Time $10,000
Equipment Purchase $61,328
Contingency $15,000
*Total Identified Costs: $156, 508
*The Red Brick is an old building and any surprises in creating access to the gym or in
excavation could require use of some of the project contingency, but the cost is still well below
original estimates.
Programming at the Red Brick Gym will be impacted during the construction of the gym pits and
the installation of the new equipment. The worst case scenario would be an impact of $12,000 in
reduced revenues for each month of construction. Currently construction is estimated to take up
to 2 months, but staff will do everything in its power to relocate programs and meet budget and
subsidy expectations.
The low bid price is due to a very conservative estimate by Schmueser Gordon Meyer Engineers
in 2008 at the height of the construction boom when it was difficult to even get contractors to bid
on small projects like this one. Staff and the engineers have carefully reviewed the winning bid
for completeness and Chopu Construction has all of the qualifications necessary to successfully
complete this project. The City and the Gymnastics program are benefitting greatly by the
favorable pricing we have received.
ENVIRONMENTAL IMPACTS: None other than usual construction impacts which will be
addressed in the building permit application and construction mitigation plan.
RECOMMENDED ACTION: Staff recommends approval of the attached contract with Chopu
Construction. Schmueser Gordon Meyer engineers have checked to make sure that all
components of the work have been included in the bid and they will assist in construction
management to ensure that the project is completed properly per drawings and specifications.
ALTERNATIVES: Alternatives are to maintain the current equipment set up at the Red Brick.
There are few alternatives for improving the quality of the equipment used for all of the levels of
athletes involved in the program.
PROPOSED MOTION: I move to approve Resolution #for the construction of the
Gymnastics Pits at the Red Brick Gym by Chopu Construction.
CITY MANAGER COMMENTS:
ATTACHMENTS:
Attachment "A" — Summary of the Project Scope of Work
RESOLUTION NO. _QV
Series of 2010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING THE CONSTRUCTION OF GYMNASTICS PITS, AND
AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE SAID
AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there exists between the City of Aspen and CHOPU
CONSTRUCTION; a mutual interest in providing Gymnastics Pits for the Gymnastics
Pits to be constructed at the Red Brick Recreation Center;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ASPEN, COLORADO:
That the City Council of the City of Aspen hereby approves this Procurement
Agreement for the construction of gymnastics pits being constructed in the Red Brick
Recreation Center; and does hereby authorize the Mayor or City Manager to execute said
agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 24th day of May, 2010.
Michael C. Ireland, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council of the
City of Aspen, Colorado, at a meeting held on the day hereinabove stated.
Kathryn S. Koch, City Clerk
H:\My Documents\Resolution.doc
CONTRACT FOR CONSTRUCTION
the Cih• orOspen
COr pporneYS Olpce
THIS AGREEMENT, made and entered into on May 24, 2010, by and between the CITY OF
ASPEN, Colorado, hereinafter called the "City", and CHOPU CONSTRUCTION, hereinafter
called the "Contractor".
WHEREAS, the City has caused to be prepared, in accordance with the law,
specifications and other Contract Documents for the work herein described, and has approved
and adopted said documents, and has caused to be published, in the manner and for the time
required by law, an advertisement, for the project: CONSTRUCTION OF THE RED BRICK
GYMNASTIC PITS, and,
WHEREAS, the Contractor, in response to such advertisement, or in response to direct
invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in
accordance with the terms of said Invitation for Bids; and,
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined,
and canvassed the Bids submitted in response to the published Invitation for Bids therefore, and
as a result of such canvass has determined and declared the Contractor to be the lowest
responsible and responsive bidder for the said Work and has duly awarded to the Contractor a
Contract For Construction therefore, for the sum or sums set forth herein;
NOW, THEREFORE, in consideration of the payments and Contract for Construction
herein mentioned:
1. The Contractor shall commence and complete the construction of the Work as fully
described in the Contract Documents.
2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and
other services necessary for the construction and completion of the Work described
herein.
3. The Contractor shall commence the work required by the Contract Documents within
seven (7) consecutive calendar days after the date of "Notice To Proceed" and will
complete the same by the date and time indicated in the Special Conditions unless the
time is extended in accordance with appropriate provisions in the Contract Documents.
4. The Contractor agrees to perform all of the Work described in the Contract Documents
and comply with the terms therein for a sum not to exceed SIXTY THREE THOUSAND
EIGHT HUNDRED EIGHTY ($63,880.00) DOLLARS or as shown on the BID proposal.
5. The term "Contract Documents" means and includes the documents listed in the City of
Aspen General Conditions to Contracts for Construction (version GC97-2) and in the
CC1-971.doc Page 1 "CC1
Special Conditions. The Contract Documents are included herein by this reference and
made a part hereof as if fully set forth here.
6. The City shall pay to the Contractor in the manner and at such time as set forth in the
General Conditions, unless modified by the Special Conditions, such amounts as
required by the Documents.
This Contract For Construction shall be binding upon all parties hereto and their
respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein or in the Contract Documents, this Contract For
Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the
Municipal Code, including the approval requirements of Section 4-08-040. This
agreement shall not be binding upon the City unless duly executed by the City Manager
or the Mayor of the City of Aspen (or a duly authorized official in his/her absence)
following a resolution of the Council of the City of Aspen authorizing the Mayor or City
Manager (or a duly authorized official in his/her absence) to execute the same.
8. This agreement and all of the covenants hereof shall inure to the benefit of and be
binding upon the City and the Contractor respectively and their agents, representatives,
employees. Successors, assigns, and legal representatives. Neither the City nor the
Contractor shall have the right to assign, transfer or sublet his or her interest or
obligations hereunder without the written consent of the other party.
9. This agreement does not and shall not be deemed or construed to confer upon or grant
to any third party or parties, except to parties to whom the Contractor or the City may
assign this Contract For Construction in accordance with the specific written consent, any
rights to claim damages or to bring suit, action or other proceeding against either the City
or the Contractor because of any breach hereof or because of any of the terms,
covenants, agreements or conditions herein contained.
10. No waiver of default by either party of any terms, covenants or conditions hereof to be
performed, kept and observed by the other party shall be construed, or operate as, a
waiver of any subsequent default of any of the terms, covenants or conditions herein
contained, to be performed, kept and observed by the other party.
11. The parties agree that this Contract For Construction was made in accordance with the
laws of the State'of Colorado and shall be so construed. Venue is agreed to be kept
exclusively in the courts of Pitkin County, Colorado.
12. In the event that legal action is necessary to enforce any of the provisions of this Contract
for Construction, the prevailing party shall be entitled to its costs and reasonable
attorney's fees.
13. This Contract For Construction was reviewed and accepted through the mutual efforts of
the parties hereto, and the parties agree that no construction shall be made or
presumption shall arise for or against either party based on any alleged unequal status of
the parties in the negotiation, review or drafting of this Contract For Construction.
M-971.dm Page "cc1
14. The undersigned representative of the Contractor, as an inducement to the City to
execute this Contract For Construction, represents that he/she is an authorized
representative of the Contractor for the purposes of executing this Contract For
Construction and that he/she has full and complete authority to enter into this Contract
For Construction for the terms and conditions specified herein.
IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For
Construction on the date first above written.
ATTESTED BY:
RECOMMENDED FOR APPROVAL:
CITY OF ASPEN, COLORADO
By:
Title:
APPROVED AS TO FORM:
By:
City Engineering Department
ATTESTED BY:
City Attorney
CONTRACTOR:
By:T
Title:�•�n� ,
Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a
partnership, the Contract shall be signed by a Principal and indicate title.
Certification and Supplemental Conditions to Contract for Services -
Conformance with 48-17.5.101. et sea.
PgWse During the 2006 Colorado legislative session, the Legislature passed House Bill 06-1343 that added a new article
17.5 to Title 8 of the Colorado Revised Statutes entitled "Illegal Aliens — Public Contracts for Services." This new law
prohibits all state agencies and political subdivisions, including the City of Aspen, from knowingly employing or contracting
with an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly employs
or contracts with an illegal alien to perform work under the contract. The new law also requires that all contracts for services
include certain specific language as set forth in the statutes. This Certification and Supplemental Conditions has been designed
to comply with the requirements of this new law.
Applicability. The certification and supplemental conditions set forth herein shall be required to be executed by all persons
having a public contract for services with the City of Aspen.
Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract
for services entered into with the City of Aspen.
"Basic Pilot Program" means the basic pilot employment verification program created in Public Law 208, 104th
Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United
States Department of Homeland Security.
"Contractor" means a person having a public contract for services with the City of Aspen.
"Public Contract for Services" means any type of agreement, regardless of what the agreement may be called,
between the City of Aspen and a Contractor for the procurement of services. It specifically means the contract or agreement
referenced below.
"Services" means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery
of a specific end product other than reports that are merely incidental to the required performance.
PURSUANT TO SECTION 8-17.5-101, C.R.S., et. seq.:
By signing this document, Contractor certifies and represents that at this time:
(i) Contractor does not knowingly employ or contract with an illegal alien; and
(ii) Contractor has participated or attempted to participate in the Basic Pilot Program in order to verify that it does not employ
illegal aliens.
The Public Contract for Services referenced below is hereby amended to include the following terms and conditions:
1. Contractor shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for
Services.
2. Contractor shall not enter into a contract with a subcontractor that fails to certify to the Contractor that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for
Services.
3. Contractor has verified or has attempted to verify through participation in the Federal Basic Pilot Program that
Contractor does not employ any illegal aliens; and if Contractor has not been accepted into the Federal Basic Pilot Program
prior to entering into the Public Contract for Services, Contractor shall forthwith apply to participate in the Federal Basic Pilot
Program and shall in writing verify such application within five (5) days of the date of the Public Contract Contractor shall
continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same every three (3) calendar
CC1-971.duc Page 5 "CC1
months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The
requirements of this section shall not be required or effective if the Federal Basic pilot program is discontinued.
4. Contractor shall not use the Basic Pilot Program procedures to undertake pre -employment screening of job applicants
while the Public Contract for Services is being performed.
5. If Contractor obtains actual knowledge that a subcontractor performing work under the Public Contract for Services
knowingly employs or contracts with an illegal alien, Contractor shall:
(i) Notify such subcontractor and the City of Aspen within three days that Contractor has actual knowledge that
the subcontractor is employing or contracting with an illegal alien; and
(ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required
pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor
shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides
information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien.
6. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in
the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant
to the authority established in Subsection 8-17.5-102 (5), C.R.S.
7. If Contractor violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection
8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so
terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of Contractor's
violation of Subsection 8-17.5-102, C.R.S. )
Public Contract for Services: RP(I R i r �C C�i�M r��'. t (t r' f l i S
Contractor( . Il t' N PU �j fi uCi (ul l
By:
Title: �J Wv-&'nG
rPW-saved:5/32010-867-M:\city\cityatty\wntmt\fo \certification-hb-06-1343.dm
GYMNASTICS PITS SCOPE OF WORK:
The Scope of Work for this contract will include the following:
• Demolition and reconstruction of a construction access point to the gymnasium interior.
• Excavation of pits per engineers drawings
• Setting of forms and rebar as identified in engineers drawings
• Pouring of concrete base and walls per the engineering drawings
• Dust mitigation such that construction dust does not migrate to other areas of the building
• Bring wood flooring in the gym back to the edge of the constructed pits
• Clean up such that the gym is left in the condition it was found prior to construction.
It is the responsibility of the Construction Company, and staff will ensure, that clear
communication and a clean handoff of the pits to the equipment company takes place such that
the equipment installation goes smoothly. Schmeuser Gordon Meyer will ensure depth and wide
of the pits are checked, testing of concrete is taking place and rebar is set properly.
PROJECT NO.: 1010 - 011a
BIDDATE: ti�j0��10
PROJECT: 1ZItD %MWA4- 2t UL6kTkW "A-3" rL C9'4C1NIkdV I(. tiS
PROPOSAL SUBMITTED BY: e-AOPU CI TR UCC 10tJ
CONTRACTOR
CONTRACTOR'S PROPOSAL
TO: The Governing Body of the City of Aspen, Colorado
The undersigned responsible bidder declares and stipulates that this proposal is made in good faith, without
collusion or connection with any other person or persons bidding for the same work, and that it is made in
pursuance of and subject to all the terms and conditions of the advertisement for bid, the invitation to bid
and request for bid, all the requirements of the bid documents including the plans and specifications for this
bid, all of which have been read and examined prior to signature. The bidder agrees to keep this bid open
for Sixty (60) consecutive calendar days from the date of bid opening.
The Contractor agrees that construction shall start immediately following a mandatory pre -construction
conference held by the Engineering Department, which also constitutes the Notice to Proceed. Submission
of this proposal will be taken by the City of Aspen as a binding covenant that the Contractor will finish
construction within the time specified in the Special Conditions of this contract document.
The City of Aspen reserves the right to make the award on the basis of the bid deemed most favorable to the
City, to waive any informalities or to reject any or all bids.
The City shall not pay the Contractor for defective work and/or for repairs or additional work required for
successful completion of the project. All work not specifically set forth as a pay item in the bid form shall
be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be
included in the prices bid for the various items of work. Prices shall include all costs in connection with
furnishing the proper and success completion of the work, including furnishing all materials, equipment and
toots, and performing all labor and supervision to fully complete the work to the City's satisfaction.
Poor quality and workmanship shall not be paid for by the City. Such work product must be removed
immediately and replaced properly at no cost to the City.
All quantities stipulated in the bid form at unit prices are approximate and are to be used only as a basis for
estimating the probable cost of work and for the purpose of comparing the bids submitted to the City. The
basis of payment shall be the actual amount of materials furnished and work done. The Contractor agrees
to make no claims for damages, anticipated profit, or otherwise on account of any differences between the
BP1971.dm 'BP1 ^_ Page 1
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amount of work actually performed and materials actually furnished and the estimated amount of work.
The City reserves the right to increase or decrease the amount of work to be done on the basis of the bid
unit price and up to plus or minus Twenty Five (25) Percent of the total bid.
By signing this document, Contractor certifies and represents that at this time:
(i) Professional shall confirm the employment eligibility of all employees who are newly
hired for employment in the United States; and
(ii) Professional has participated or attempted to participate in the Basic Pilot Program in
order to verify that it does not employ illegal aliens.
I hereby acknowledge receipt of ADDENDUM(s) numbered through
Unit
Description Unit Price Quantity Total Price
. Mobilization LS 1 (0406
Removal of Exitisting Flooring
System including removal of wood flooring and concrete slab SF �45 1,200 1i Too
Structure Excavation
CY 10.5 160 11 zw
Cast -in -Place Concrete CY 5-15 60 3-Lf 5-00
Total Price (03t UO
Total Bid in Words:
Sam► TKtt TIEOU,&W? tttOtk'ikuNP2QA> k J-tU" �,�da
BPI-ST1.doe
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Page 2
6VI
Credoes Initials
I acknowledge that in submitting this bid it is understood that the right to reject any and all bids has been
reserved by the owner.
Authorized Officer:
Full name signature:
Company address: 'd t IX \40?"tY>,WW A 521�^-o V 611
Telephone number:
Fax number:
Attested by:
BPI-971.doo
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Page 3
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Contradors Initials
Name:
Subcontractor & Material Supplier List
Phone #:
Address. b A OIL rl ibl lA( Sow' c,t,rc� u � s ates ca awez
Service or Product: �tGCa�'tL') ioln
Name: ROWVLtL COVXfLltllt COW'>T9U TlQtN WC Phone #:(`f riapf
Address: PO 13ft -+gip CPI.twljmt> Lp StWI
Service or Product: Wk-%-- C. yPL
Name:ykLWIF L-Me,4 Phone
Address: %A4k,-V
Service or Product: �ASQI?d.SUPI'I-lQfl_
Name: W> (D1YA'WA Phone 488
Address: 15010 Cfun-IY iky Mti CIA Woad SPtuNt S f 0 Sl (,61
Service or Product: CIiC�iNIGM it►.iio6��SouS Mails
Name:
Address.
Service or Product:
Name:
Address:
Service or Product:
Phone #:
Phone M
BPI-07i.doc 'BPI Page d
Contractor's Initials
LIQUIDATED DAMAGES
for
FAILURE TO COMPLETE THE WORK ON TIME
The undersigned contractor declares his/her full awareness of the content and terms of this contract and
affirms that the contractual time is the period mentioned in the contract Specifications plus the time
extension(s), if any, granted by the City of Aspen for successful completion of project. The
undersigned contractor further acknowledges he/she understands and agrees to liquidated damages to
be deducted from moneys due to him/her for any delayed calendar day beyond the total time at the rate
of $700.00 per day . This amount and the total allowed time by the City shall not be negotiable under
Attest:
Corporate Seal
STATE OF COLORADO )
COUNTY ?G�-� ) SS.
b. ko?u e 0PS--yNxzto -)
Cont=Wr
By: 6AiLkZtlt'('kt.0LC1 k
Before me OA91✓1i)g . /9,P1Yt2�e- a notary public and for
County, Colorado personally appeared eJ, 2� known to
me personally to be the person(s) whose signature(s) in my presence this 30 day of
A.D.2010.
L14n.d..
My commission expires: /Z 23 "2---")/l
a
Notary Public
*LD1
AFFIDAVIT OF COMPLIANCE
PROJECT NUMBER: 2010-016
The undersigned contractor has read a copy of the Contract Documents including the
construction plans, for this project and understands and hereby affirms that he/she does not now,
nor will he/she in the future, violate the provisions of said Contract Documents, so long as he/she
is under the Contract to the City of Aspen for the performance of a Contract. The undersigned
further acknowledges he(she understands and agrees to all terms and conditions of the Aspen
Municipal Code and its being part of the Contract with the City of Aspen.
Attest:
Corporate Seal
GaOPU C005-ygg- t1oo
Contractor
By: �%1Z1 l�lJrNulGl¢
STATE OF COLORADO )
SS.
�'� COUNTY Lkt' )
Before me a notarypublic and for �G+�
County, Colorado personally appeared known
to me personally to be the person(s) whose signawre(s) in my presence this �549
day of / , A.D. 20A6.
My commission expires:
C "o e/xl./��r'�
Notary Public
(Seal)
A0471.dw
•ACt
V1 G
MEMORANDUM
TO: MAYOR & CITY COUNCIL
FROM: TIM ANDERSON, RECREATION DIRECTOR
CC: JEFF WOODS, MANAGER OF PARKS & RECREATION
MEETING DATE: MAY 24, 2010
RE: PURCHASE CONTRACT FOR EQUIPMENT ASSOCIATED
WITH GYMNASTICS PITS
REQUEST OF COUNCIL: Staff is requesting the approval of the attached contract with
Gibson Athletic in the amount of $61,328.00 for the purchase and installation of gymnastics
equipment associated with the construction of the gymnastics pits. New equipment is necessary
to fit the new gymnastics pits.
PREVIOUS COUNCIL ACTION: Council had directed staff to move forward with the
bidding of certain AMP projects including the construction of the gymnastics pits and
equipment. The Finance Department identified that capital revenue streams are sufficient to act
upon these projects at this time.
BACKGROUND: Staff, parents and John Bakken, Gymnastics Director, have spoken
frequently to Council regarding the need to construct gymnastics pits for the benefit and safety of
the athletes. As part of the originally budgeted amount of $330,000 it was anticipated that new
gymnastics equipment would be purchased to fit the new gymnastic pits. The approval of this
contract along with approval of the gymnastic pits construction contract will bring the
gymnastics program up to a high level of safety.
DISCUSSION: The pits create a facility which is safer for the coaches and the athletes by:
Bringing the trampolines and safety matting down to ground level to significantly
increase the level of safety for all of the three hundred participants involved in the
gymnastics program.
Providing in ground equipment as the safety standard for facilities that offer the types of
programming available here.
Bringing the trampolines and safety matting down to ground level to achieve two things:
First, if a participant falls off the trampoline s/he will not fall over three feet to the
ground. S/he will simply land on well -padded matting that surrounds the trampoline at
the same level of the tramp bed. Since everyone in the program uses the trampolines,
everyone will benefit from this safety improvement. Second, the surfaces provided by the
in -ground safety matting give participants a much softer and forgiving landing surface to
utilize while learning gymnastics progressions at every level of ability.
It is important to emphasize that it is critical to approve the construction contract and the contract
to purchase the gymnastics equipment concurrently in order to minimize disruption to the
program. The reason is due to the fact that the equipment order will take about 4 to 6 weeks to
ship and the construction of the pits will take 4 to 6 weeks to complete, so the equipment needs
to be ordered at the time construction of the pits begins. This schedule will allow the Red Brick
to be back in use as soon as the project is completed, minimizing disruption to the many users of
the facility.
FINANCIAL/BUDGET IMPACTS: Programming at the Red Brick Gym will be impacted
during the construction of the gym pits and the installation of the new equipment. The worst
case scenario would be an impact of about $12,000 in reduced revenues for each month of
construction. Currently construction is estimated at 2 months, but staff will do everything in its
power to relocate programs and meet budget expectations.
Original budget and estimates for this project were $330,000 for the construction of the pits, the
purchase of the equipment and a 10% contingency. The combined total cost for construction,
equipment, project management, and contingency ($156,508) is going to be far lower than
original estimates to the benefit of the City and the gymnastics program.
ENVIRONMENTAL IMPACTS: Staff has selected a vendor within Colorado in order to
limit the travel distance of trucks to Aspen in the delivery of this equipment, thus reducing the
carbon footprint of this project.
RECOMMENDED ACTION: Staff recommends the purchase of this equipment as long as
the approval of the construction of the gymnastics pits coincides with this approval. One cannot
take place without the other.
ALTERNATIVES: At this time the alternative would be to stay with the current setup of the
Gymnastics program and perhaps replace the landing mats only which would be $15,000 to
$20,000.
PROPOSED MOTION: I move to approve Resolution#_ for the purchase of
Gymnastics Equipment from Gibson Athletic to complement the construction of the gymnastics
pits located at the Red Brick Gym.
CITY MANAGER COMMENTS:
ATTACHMENTS: Attachment "A" — Equipment purchase scope of work
RESOLUTION NO.
Series of 2010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING THE PURCHASE OF GYMNASTICS EQUIPMENT, AND
AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE SAID
AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there exists between the City of Aspen and GIBSON ATHLETIC; a
mutual interest in providing Gymnastics Equipment for the Gymnastics Pits to be
constructed at the Red Brick Recreation Center;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ASPEN, COLORADO:
That the City Council of the City of Aspen hereby approves this Procurement
Agreement for the purchase of gymnastics equipment for the gymnastics pits being
constructed in the Red Brick Recreation Center; and does hereby authorize the Mayor or
City Manager to execute said agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 24th day of May 2010.
Michael C. Ireland, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council of the
City of Aspen, Colorado, at a meeting held on the day hereinabove stated.
Kathryn S. Koch, City Clerk
H:\My Documents\Resolution.doc
fhe City of Aspen
CITY OF ASPEN STANDARD FORM OF AGREEMENT - 2010 citvflaunev'sOffice
PROCUREMENT SUPPLY AND PROFESSIONAL SERVICES
City of Aspen Project No.: 2010-016
AGREEMENT made as of 241h day of May in the year 2010
BETWEEN the City:
The City of Aspen
c/o _Tim Anderson_
130 South Galena Street
Aspen, Colorado 81611
Phone: (970) 544-4104
And the Professional:
c/o Allison Jones
National Sales
Phone: (800)275-5999
For the Following Project:
Contract Amount:
Procurement: $ 53,628.00
Professional Services: $ 7,700
Total: $ 61,328.00
Exhibits appended and made a part of this Agreement:
If this Agreement requires the City to pay
an amount of money in excess of
$25,000.00 it shall not be deemed valid
until it has been approved by the City
Council of the City of Aspen.
City Council Approval:
Date:
Resolution No.:
Exhibit A: List of supplies, equipment, or materials to be purchased.
Exhibit B: Scope of Work.
Exhibit C: Hourly Fee Schedule.
The City and Professional agree as set forth below.
Agreement for Procurement and Professional Services Page I
SUPPLY PROCUREMENT
1. Purchase. Professional agrees to sell and City agrees to purchase the supplies, equipment, or
materials as described in Exhibit A, appended hereto and by this reference incorporated
herein, for the sum of set forth above.
2. Delivery. (FOB 110 E. Hallam Street, Aspen, Colorado 81611 ).
3. Contract Documents. This Agreement shall include all Contract Documents as the same are
listed in the Invitation to Bid or Request for Proposals and said Contract Document are
hereby made a part of this Agreement as if fully set out at length herein.
4. Warranties. ( [Add Warranty provisions herel ).
5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the
benefit of and be binding upon the City and the Professional respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor
the Professional shall have the right to assign, transfer or sublet its interest or obligations
hereunder without the written consent of the other party.
6. Scope of Work. Professional shall perform in a competent and professional manner the
Scope of Work as set forth at Exhibit B attached hereto and by this reference incorporated herein.
7. Completion. Professional shall commence Work immediately upon receipt of a written
Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as
is consistent with professional skill and care and the orderly progress of the Work in a timely
manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later
than August 15th. 2010 with the installation and operation of all the equipment no later
thanAugust 15th, 2010 Upon request of the City, Professional shall submit, for the City's
approval, a schedule for the performance of Professional's services which shall be adjusted as
required as the project proceeds, and which shall include allowances for periods of time required by
the City's project engineer for review and approval of submissions and for approvals of authorities
having jurisdiction over the project. This schedule, when approved by the City, shall not, except for
reasonable cause, be exceeded by the Professional.
8. Payment. In consideration of the work performed, City shall pay Professional on a time and
expense basis for all work performed. The hourly rates for work performed by Professional shall
not exceed those hourly rates set forth at Exhibit C appended hereto. Except as otherwise mutually
agreed to by the parties the payments made to Professional shall not initially exceed the amount set
forth above. Professional shall submit, in timely fashion, invoices for work performed. The City
shall review such invoices and, if they are considered incorrect or untimely, the City shall review
the matter with Professional within ten days from receipt of the Professional's bill.
9. Non -Assignability. Both parties recognize that this Agreement is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the
Agreement for Procurement and Professional Services Page 2
other. Sub -Contracting, if authorized, shall not relieve the Professional of any of the responsibilities
or obligations under this Agreement. Professional shall be and remain solely responsible to the City
for the acts, errors, omissions or neglect of any subcontractors' officers, agents and employees, each
of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the
extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any
sums due which may be due to any sub -contractor.
10. Termination of Procurement. The sale contemplated by this Agreement may be canceled
by the City prior to acceptance by the City whenever for any reason and in its sole discretion the
City shall determine that such cancellation is in its best interests and convenience.
11. Termination of Professional Services. The Professional or the City may terminate the
Professional Services component of this Agreement, without specifying the reason therefor, by
giving notice, in writing, addressed to the other party, specifying the effective date of the
tetntination. No fees shall be earned after the effective date of the termination. Upon any
termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs, reports or other material prepared by the Professional pursuant to this Agreement shall
become the property of the City. Notwithstanding the above, Professional shall not be relieved of
any liability to the City for damages sustained by the City by virtue of any breach of this Agreement
by the Professional, and the City may withhold any payments to the Professional for the purposes of
set-off until such time as the exact amount of damages due the City from the Professional may be
determined.
12. Independent Contractor Status. It is expressly acknowledged and understood by the parties
that nothing contained in this agreement shall result in, or be construed as establishing an
employment relationship. Professional shall be, and shall perform as, an independent Contractor
who agrees to use his or her best efforts to provide the said services on behalf of the City. No
agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent
or servant of the City. City is interested only in the results obtained under this contract. The
manner and means of conducting the work are under the sole control of Professional. None of the
benefits provided by City to its employees including, but not limited to, workers' compensation
insurance and unemployment insurance, are available from City to the employees, agents or
servants of Professional. Professional shall be solely and entirely responsible for its acts and for the
acts of Professional's agents, employees, servants and subcontractors during the performance of this
contract. Professional shall indemnify City against all liability and loss in connection with, and
shall assume full responsibility for payment of all federal, state and local taxes or contributions
imposed or required under unemployment insurance, social security and income tax law, with
respect to Professional and/or Professional's employees engaged in the performance of the services
agreed to herein.
13. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with this contract, if such injury,
loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by,
the act, omission, error, professional error, mistake, negligence, or other fault of the Professional,
any subcontractor of the Professional, or any officer, employee, representative, or agent of the
Agreement for Procurement and Professional Services Page 3
Professional or of any subcontractor of the Professional, or which arises out of any workmen's
compensation claim of any employee of the Professional or of any employee of any subcontractor
of the Professional. The Professional agrees to investigate, handle, respond to, and to provide
defense for and defend against, any such liability, claims or demands at the sole expense of the
Professional, or at the option of the City, agrees to pay the City or reimburse the City for the
defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is
determined by the final judgment of a court of competent jurisdiction that such injury, loss, or
damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or
its employees, the City shall reimburse the Professional for the portion of the judgment attributable
to such act, omission, or other fault of the City, its officers, or employees.
14. Professional's Insurance.
(a) Professional agrees to procure and maintain, at its own expense, a policy or policies
of insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by the Professional pursuant to Section 8 above. Such insurance shall be in
addition to any other insurance requirements imposed by this contract or by law. The
Professional shall not be relieved of any liability, claims, demands, or other obligations
assumed pursuant to Section 8 above by reason of its failure to procure or maintain
insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts,
duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the
City. All coverages shall be continuously maintained to cover all liability, claims, demands,
and other obligations assumed by the Professional pursuant to Section 8 above. In the case
of any claims -made policy, the necessary retroactive dates and extended reporting periods
shall be procured to maintain such continuous coverage.
(i) Workers' Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this
contract, and Employers' Liability insurance with minimum limits of FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and
FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each
employee. Evidence of qualified self -insured status may be substituted for the
Workers' Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE
MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to
all premises and operations. The policy shall include coverage for bodily injury,
broad form property damage (including completed operations), personal injury
(including coverage for contractual and employee acts), blanket contractual,
independent contractors, products, and completed operations. The policy shall
contain a severability of interests provision.
Agreement for Procurement and Professional Services Page 4
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS
($1,000,000.00) aggregate with respect to each Professional's owned, hired and non -
owned vehicles assigned to or used in performance of the Scope of Work. The
policy shall contain a severability of interests provision. If the Professional has no
owned automobiles, the requirements of this Section shall be met by each employee
of the Professional providing services to the City under this contract.
(iv) Professional Liability insurance with the minimum limits of ONE
MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS
($1,000,000) aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the
City's officers and employees as additional insureds. Every policy required above shall be
primary insurance, and any insurance carried by the City, its officers or employees, or
carried by or provided through any insurance pool of the City, shall be excess and not
contributory insurance to that provided by Professional. No additional insured endorsement
to the policy required above shall contain any exclusion for bodily injury or property
damage arising from completed operations. The Professional shall be solely responsible for
any deductible losses under any policy required above.
(d) The certificate of insurance provided by the City shall be completed by the
Professional's insurance agent as evidence that policies providing the required coverages,
conditions, and minimum limits are in full force and effect, and shall be reviewed and
approved by the City prior to commencement of the contract. No other form of certificate
shall be used. The certificate shall identify this contract and shall provide that the coverages
afforded under the policies shall not be canceled, terminated or materially changed until at
least thirty (30) days prior written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and all monies so paid by City shall be
repaid by Professional to City upon demand, or City may offset the cost of the premiums
against monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently
$150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et
seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its
employees.
Agreement for Procurement and Professional Services Page 5
15. City's Insurance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance
Department and are available to Professional for inspection during normal business hours. City
makes no representations whatsoever with respect to specific coverages offered by CIRSA. City
shall provide Professional reasonable notice of any changes in its membership or participation in
CIRSA.
16. Completeness of Agreement. It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
17. Notice. Any written notices as called for herein may be hand delivered or mailed by
certified mail return receipt requested to the respective persons and/or addresses listed above.
18. Non -Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or
religion shall be made in the employment of persons to perform services under this contract.
Professional agrees to meet all of the requirements of City's municipal code, Section 13-98,
pertaining to non-discrimination in employment.
19. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or
condition of this Agreement can be waived except by the written consent of the City, and
forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any
term, covenant, or condition to be performed by Professional to which the same may apply and,
until complete performance by Professional of said term, covenant or condition, the City shall be
entitled to invoke any remedy available to it under this Agreement or by law despite any such
forbearance or indulgence.
20. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this Agreement shall not be binding upon the City unless
duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence)
following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a
duly authorized official in his absence) to execute the same.
16. Illegal Aliens — CRS 8-17.5-101 & 24-76.5-101
(a) Purpose. During the 2006 Colorado legislative session, the Legislature passed
House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added
new statutes relating to the employment of and contracting with illegal aliens. These new
laws prohibit all state agencies and political subdivisions, including the City of Aspen,
from knowingly hiring an illegal alien to perform work under a contract, or to knowingly
contract with a subcontractor who knowingly hires with an illegal alien to perform work
under the contract. The new laws also require that all contracts for services include
Agreement for Procurement and Professional Services Page 6
certain specific language as set forth in the statutes. The following terms and conditions
have been designed to comply with the requirements of this new law.
(b) Definitions. The following terms are defined in the new law and by this reference
are incorporated herein and in any contract for services entered into with the City of
Aspen.
"Basic Pilot Program" means the basic pilot employment verification program
created in Public Law 208, 104th Congress, as amended, and expanded in Public
Law 156, 108th Congress, as amended, that is administered by the United States
Department of Homeland Security.
"Public Contract for Services" means this Agreement.
"Services" means the Punishing of labor, time, or effort by a Contractor or a
subcontractor not involving the delivery of a specific end product other than
reports that are merely incidental to the required performance.
(c) By signing this document, Professional certifies and represents that at this time:
(i) Professional shall confirm the employment eligibility of all employees who are
newly hired for employment in the United States; and
(ii) Professional has participated or attempted to participate in the Basic Pilot
Program in order to verify that new employees are not employ illegal aliens.
(d) Professional hereby confirms that:
(i) Professional shall not knowingly employ or contract new employees
without confirming the employment eligibility of all such employees hired for
employment in the United States under the Public Contract for Services.
(ii) Professional shall not enter into a contract with a subcontractor that fails to
confirm to the Professional that the subcontractor shall not knowingly hire new
employees without confirming their employment eligibility for employment in the
United States under the Public Contract for Services.
(iii) Professional has verified or has attempted to verify through participation
in the Federal Basic Pilot Program that Professional does not employ any new
employees who are not eligible for employment in the United States; and if
Professional has not been accepted into the Federal Basic Pilot Program prior to
entering into the Public Contract for Services, Professional shall forthwith apply
to participate in the Federal Basic Pilot Program and shall in writing verify such
application within five (5) days of the date of the Public Contract. Professional
shall continue to apply to participate in the Federal Basic Pilot Program and shall
in writing verify same every three (3) calendar months thereafter, until
Professional is accepted or the public contract for services has been completed,
Agreement for Procurement and Professional Services Page 7
whichever is earlier. The requirements of this section shall not be required or
effective if the Federal Basic Pilot Program is discontinued.
(iv) Professional shall not use the Basic Pilot Program procedures to undertake
pre -employment screening of job applicants while the Public Contract for
Services is being performed.
(v) If Professional obtains actual knowledge that a subcontractor performing
work under the Public Contract for Services knowingly employs or contracts with
a new employee who is an illegal alien, Professional shall:
(1) Notify such subcontractor and the City of Aspen within three days
that Professional has actual knowledge that the subcontractor has newly
employed or contracted with an illegal alien; and
(2) Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to this section the
subcontractor does not cease employing or contracting with the new
employee who is an illegal alien; except that Professional shall not
terminate the Public Contract for Services with the subcontractor if during
such three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal
alien.
(vi) Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment made in the course of an investigation that
the Colorado Department of Labor and Employment undertakes or is undertaking
pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S.
(vii) If Professional violates any provision of the Public Contract for Services
pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of
Aspen may terminate the Public Contract for Services. If the Public Contract for
Services is so terminated, Contractor shall be liable for actual and consequential
damages to the City of Aspen arising out of Professional's violation of Subsection
8-17.5-102, C.R.S.
(ix) If Professional operates as a sole proprietor, Professional hereby swears or
affirms under penalty of perjury that the Professional (1) is a citizen of the United
States or otherwise lawfully present in the United States pursuant to federal law,
(2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall
produce one of the forms of identification required by CRS 24-76.5-103 prior to
the effective date of this Agreement.
21. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employed or
retained to solicit or secure this Contract upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
Agreement for Procurement and Professional Services Page 8
bona fide established commercial or selling agencies maintained by the Professional for
the purpose of securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of the
City during the term of this Agreement has or one (1) year thereafter shall have any
interest, direct or indirect, in this Agreement or the proceeds thereof, except those that
may have been disclosed at the time City Council approved the execution of this
Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right
to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
22. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
23. General Terms.
(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the
parties.
(b) If any of the provisions of this Agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or limitations
to this understanding except those as contained herein at the time of the execution hereof
Agreement for Procurement and Professional Services Page 9
and that after execution no alteration, change or modification shall be made except upon a
writing signed by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from time
to time in effect.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three copies each of which shall be deemed an original on
the date first written above.
CITY OF ASPEN, COLORADO:
[Signature]
By:
[Name]
Title:
Date:
Approved as to form:
City Attorney's Office
PROFESSIONAL
[SignaNrbl�/)
By: I Aw aYaZ . Sv�t'tl
[Name]
Title: (/ • t�-
Date: 5 —1 `i — 10
Agreement for Procurement and Professional Services Page 10
• 1PW-5/14/2010-6568448-M:\city\purchasing\Templates\Procurement & Prof Serv\Prmurement & Prof Serv.dm
Agreement for Procurement and Professional Services Page 11
List of supplies, equipment, or materials to be purchased
With attached specification sheets, cut sheets, information, etc.
Agreement for Procurement and Professional Services Page 12
Quotation #502C
4995 Lima Street, Denver CO 80239
(800) 275-5999 — (303) 937-1049 fax
Tim Anderson
Aspen
May 10, 2010
Thank you for the opportunity to quote this project. The following prices are good for 90 days from
the above date and are FOB your destination. Please do not issue purchase orders more than 90
days prior to the requested ship date.
MS-99999
17'4" x 18' x 32" Training Pit
1
$8,799.00
$8,799.00
MS-99999
7.5' x 23' x 32" Training Pit
1
$5,499.00
$5,499.00
MS-99999
38'In-Ground Tumble Tramp
1
$3,699.00
$3,699.00
MS-99999
Brackets to attach Frame Bar/Crossbars
1
$500.00
$500.00
MS-99999
Tx 14' In -Ground Tramp w/ Ausi Bed
1
$3,600.00
$3,600.00
MS-99999
8" Edge Matting form -Ground Tramp
1
$3,800.00
$3,800.00
FP-04222
AAI Floor Plate Style'BX'
24
$58.00
$1,392.00
MS-99999
Pit Edge Matting
51
$20.00
$1,020.00
BR-97078
AAI Space Saver System for Bars
1
$898.00
$898.00
BR-97890
AAI SRS Pads
1
$155.00
$155.00
MS-99999
Ross Athletic NF Double -Mini Tramp
1
$2,490.00
$2,490.00
VH-97551
AAI Vault Table - TAC/10
1
$3,538.00
$3,538.00
BE-97440
AAI Elite Reflex Adj. Balance Beam
1
$3,035.00
$3,035.00
MS-99999
AAI Low Beam Adaptor Kit
1
$165.00
$165.00
MS-99999
Rod Floor - 4' Section
10
$236.00
$2,360.00
MA-96712
Carpet -Bonded -Foam 6' x 42' x 1 3/8"
4
$725.00
$2,900.00
MA-96718
Cross -Link Foam 6' x 42' x 2"
1
$485.00
$485.00
BR-03341
Adj. Single Bar Trainer w/ 6' Rail
1
$775.00
$775.00
MS-99999
Repair of Mat Covers
5
$300.00
$1,500.00
MS-99999
Anson Consultation Fee
1
$2,500.00
$2,500.00
MS-99999
Gibson Installation Fee*
1
$7,700.00
$7,700.00
MS-99999
Elite Beam Recovery
1
$525.00
$525.00
*Gibson Installation fee to include: Travel, food,
$57,335.00
accommodations, tools, beam recovery,
$0.00
installation, clean up and liability
$3,993.00
$61,328.00
*Shipping quote is good for 30 days.
EXHIBIT B
Scope of Work
Agreement for Procurement and Professional Services Page 13
EXHIBIT C
Hourly Fee Schedule
Agreement for Procurement and Professional Services Page 14
WARRANTY
Gibson equipment / installation is guaranteed for a period of one year
from date of invoice against faulty manufacturing or defects in
material. The seller's sole obligation under this warranty shall be to
repair or, at its options, replace at its expense any defective part or
parts. Material claimed defective must be returned prepaid to us for
examination, if requested. Damage caused by extreme usage will not
be covered as it does not constitute defective material or faulty
workmanship.
GIBSON, INC. • 4995 Lima Street • Denver, Colorado 80239 • (303)-937-1012 • FAX (303) 937-1049
www.gibsonatliletic.com • www.ragefitness.com
GYMNASTICS EQUIPMENT SCOPE OF WORK:
The Scope of Work for this contract will include the following:
• Purchase and delivery of equipment
• Installation of equipment to include all labor and materials (fasteners) necessary to install
equipment.
• Communication with contractor as to the level of detail on finishes to the pits such that
installation is a smooth transition.
Quotation #502C
4995 Lima Street, Denver CO 80239
(800) 275-5999 — (303) 937-1049 fax
Tim Anderson
Aspen
May 10, 2010
Thank you for the opportunity to quote this project. The following prices are good for 90 days from
the above date and are FOB your destination. Please do not issue purchase orders more than 90
days prior to the requested ship date.
MS-99999
174" x 18' x 32" Training Pit
MS-99999
7.5' x 23' x 32" Training Pit
MS-99999
38' In -Ground Tumble Tramp
MS-99999
Brackets to attach Frame Bar/Crossbars
MS-99999
Tx 14' In -Ground Tramp w/ Ausi Bed
MS-99999
8" Edge Matting for In -Ground Tramp
FP-04222
AAI Floor Plate Style 'BX'
MS-99999
Pit Edge Matting
BR-97078
AAI Space Saver System for Bars
BR-97890
AAI SRS Pads
MS-99999
Ross Athletic NF Double -Mini Tramp
VH-97551
AAI Vault Table - TAC/10
BE-97440
AAI Elite Reflex Adj. Balance Beam
MS-99999
AAI Low Beam Adaptor Kit
MS-99999
Rod Floor - 4' Section
MA-96712
Carpet -Bonded -Foam G x 42' x 1 3/8"
MA-96718
Cross -Link Foam G x 42' x 2"
BR-03341
Adj. Single Bar Trainer w/ 6' Rail
MS-99999
Repair of Mat Covers
MS-99999
Anson Consultation Fee
MS-99999
Gibson Installation Fee*
MS-99999
Elite Beam Recovery
*Gibson Installation fee to include: Travel, food,
accommodations, tools, beam recovery,
installation.
clean up and liability
*Shipping quote is good for 30 days.
1
$8,799.00
$8,799.00
1
$5,499.00
$5,499.00
1
$3,699.00
$3,699.00
1
$500.00
$500.00
1
$3,600.00
$3,600.00
1
$3,800.00
$3,800.00
24
$58.00
$1,392.00
51
$20.00
$1,020.00
1
$898.00
$898.00
1
$155.00
$155.00
1
$2,490.00
$2,490.00
1
$3,538.00
$3,538.00
1
$3,035.00
$3,035.00
1
$165.00
$165.00
10
$236.00
$2,360.00
4
$725.00
$2,900.00
1
$485.00
$485.00
1
$775.00
$775.00
5
$300.00
$1,500.00
1
$2,500.00
$2,500.00
1
$7,700.00
$7,700.00
$57,335.00
$0.00
Normal delivery is two to four weeks after receipt of order and payment. It is your responsibility to
inspect your shipment(s) inside and out for damage. Open all packages and inspect them
thoroughly prior to signing any receipt from the delivery company.
Please call if you have any questions concerning this quotation.
Sincerely,
Allison Jones
allison ggibsonathletic.com
National Sales
Gibson,lnc.
THE CITY OF ASPEN
MEMORANDUM
TO: Mayor and City Council
FROM: John Laatsch — Capital Asset Project Manager
THRU: Barry Crook — Assistant City Manager and
Scott Miller — Capital Asset Director
DATE OF MEMO: May 17, 2010
MEETING DATE: May 24, 2010
RE: Aspen Consolidated Sanitation District Agreement for Burlingame
Ranch Phase II Sewer Design Service
REQUEST OF COUNCIL: To approve a contract with the As?en Consolidated Sanitation
District for the Design Service Fee Reimbursement to the Districts Engineering Company, 68
West Engineering, Inc.
PREVIOUS COUNCIL ACTION: City Council has approve contracts with the IPD team for
consultant service, Owners Agent, Design Consultants, Contractor at Risk, Commissioning
Agent from February 11, 2010 thru March 23, 2010 Resolutions #8, #9, #22, #23 series 2010 for
the design work for Burlingame Ranch Phase II. These approved contracts authorized services
for the following design efforts: Conceptualization, Criteria Design, and Detailed Design.
BACKGROUND: The Sanitation District's policy has been in place during the work of
Burlingame Ranch Phase I and the fees associated with design review and engineering work for
their consultant have been paid by the City of Aspen.
DISCUSSION: The Burlingame Phase II IPD design team is continuing with the Conceptual
Design effort and is moving into the Criteria Design Phase of work. As part of the ongoing work
effort by the design team coordination and design review by the Aspen Consolidated Sanitation
District engineers is required. It is the Sanitation District's policy that development projects pay,
for all consulting service as part of the District's design review and that the District's engineering
consultant design the sanitation system.
The district has agreed to work with the City and the IPD design team in the conceptual design
and detail design phase by allowing the IPD team to provide the preliminary design work with
review of the engineering by their consultant. This review process results in an unknown amount
of time and effort and thereby the District's consultant has suggested a retainer of $30,000. The
District is requiring a $10,000 payment with this agreement to permit work to begin.
Prior to the IPD team moving into the Document Implementation Phase of work and additional
charges required by the Sanitation District, we will present a detailed estimate of additional
service requirements to comply with the District's policies.
Page t of 2
7Lj
THE CITY OF ASPEN
FINANCIAL/BUDGET IMPACTS: The fees associated with this contract are included within
the projects budget for 2010.
ENVIRONMENTAL IMPACTS: There are no environmental impacts associated with this
contract.
RECOMMENDED ACTION: Recommend that City Council approve a contract with the
Aspen Consolidated Sanitation District in the amount of $30,000.
ALTERNATIVES: The alternative is not to fund this request and delay design efforts for
Burlingame Ranch Phase II.
?P..soll��z;K
PROPOSED MOTION: "I move to approve 9rdin== # .
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A — Agreement with Aspen Consolidated Sanitation District
Page 2 of 2
RESOLUTION #
(Series of 2010)
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF
ASPEN, COLORADO, AND ASPEN CONSOLIDATED SANITATION
DISTRICT SETTING FORTH THE TERMS AND CONDITIONS REGARDING
BURLINGAME RANCH PHASE II SEWER DESIGN SERVICES AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT
WHEREAS, there has been submitted to the City Council an agreement
between the City of Aspen, Colorado, and Aspen Consolidated Sanitation District,
a copy of which agreement is annexed hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby approves that agreement
between the City of Aspen, Colorado, and Aspen Consolidated Sanitation District
regarding Burlingame Ranch Phase II Sewer Design Services for the city of
Aspen, a copy of which is annexed hereto and incorporated herein, and does
hereby authorize the City Manager of the City of Aspen to execute said contract
on behalf of the City of Aspen.
Dated:
Michael C. Ireland, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held, May 24, 2010
Kathryn S. Koch, City Clerk
Aspen Consolidated Sanitation District
Michael Kelly • Chair Stoney Davis
John Keleher • Vice Chair Joe Zanin
Roy Holloway • Sec/Treas Bruce Matherly • Mgr
LIME EXTENSION REQUEST
Service Area: Burlingame II Affordable Housiatr
The undersigned hereby request that the Aspen Consolidated Sanitation District
provide such necessary collection line extension so as to provide sewer service to the
undersigned. The undersigned further state and represent as follows:
1. That the proposed service area which said line extension would serve is more
fully described in the study plan attached and marked "Exhibit A".
2. That the undersigned are landowners within the boundaries of such proposed
service area.
3. That the Exhibit A attached hereto also contains a proposed design for such
line extension; preliminary cost estimates therefor; a description of existing development
and future possible development within the proposed service area; an estimate of the total
sewer taps to be served by the line extension, expressed in terms of single family residential
taps or their equivalent; and a preliminary estimate of the unit cost per single family
residential tap or its equivalent. We the undersigned agree to pay to the District any
engineering fees incurred by the District to assist in developing the attached Exhibit A.
We, the undersigned, do hereby express our intent to the Aspen Consolidated
Sanitation District to connect to the District sewer system when such system becomes
available to serve the above described property. We offer this assurance to the District so it
can plan to provide such service based on the needs and desires of the anticipated users.
We further understand that this request does not bind the District to provide immediate
service, but in the event the request is granted, we agree to pay such line extension fee for
the use of such line as may be ultimately calculated pursuant to the regulations of the
District.
We also understand that should an easement be required by the District through
lands owned by the undersigned, we will each grant such an easement executed and
recorded on the standard District easement form and we recognize that if other landowners
within the proposed service area shown on Exhibit A do not agree to furnish such
easements on the same basis, the acquisition cost of such easements within the proposed
service area will be directly borne by the landowners within such area and the costs
therefor reflected in the line extension fee.
We, the undersigned, agree to pay the District for the District Engineer's plan and
profile review fee and construction observation fee, and for the District's cost to televise the
completed line extension.
We, the undersigned, are submitting with this Request for Line Relocation a check
for $10,000 as a partial payment for engineering design costs as described in "Exhibit B"
and we agree to pay the District for the cost of the line relocation.
565 N. Mill St., Aspen, CO 81611 / (970)925-3601 / FAX (970)925-2537
We, the undersigned, also agree: to pay any and all additional line and/or total
connection charges prior to connecting to the District's sanitary sewer line; to pay the
District for the District's costs to relocate the District's main sanitary sewer line; to provide
easements and a bill of sale on the standard District form of the line relocation, which shall
be executed and recorded with the Pitkin County Clerk; and to abide by all District rules,
regulations and specifications.
We, the undersigned, understand that this request and its representations are
contingent upon the undersigned executing a standard `Collection System Agreement" with
the district.
Legal Description of Property:
Attest:
See attached exhibit A.
Title
STATE OF COLORADO )
) ss:
COUNTY OF PITKIN )
Burlingame II Affordable Housiaa
Signature Title
Print Name Date
The foregoing instrument was acknowledged, subscribed, and sworn to before me
this day of , 20, by as
My commission
Notary Public
Page 1 of 1
tom@_aspensan.com
From: "Kevin O'Connell" <oconnell@68west.com>
To: "'Tom Bracewell"' <tom@aspensan.com>
Sent: Tuesday, May 11, 2010 1:22 PM
Subject•. Bulingame Ranch, Phase III retainer
Dear Tom,
We have received the conceptual design information from Alpine Engineering for Burlingame Ranch, Phase III. It is our
understanding that you would like 68West Engineering to prepare plans and specifications, and perform construction
observation services for sanitary sewer main extensions of approximately 900 feet in order to accommodate the new
development. Based on our review of the material provided to us at this time, we recommend a retainer in the amount of
$30,000 against which our design and construction services maybe billed. We will only bill actual time spent working on
the tasks, as directed by the District. Because of the changing nature of these types of projects and the nature of
construction it is possible that the actual fee will be less, or more, than the retainer amount.
Our estimated fee is based on the following
I. Plans and Specifications
• Prepare preliminary design based on base and field data provided by Alpine Engineering (Alpine)
• Coordinate with District and Alpine for Final Design
• Prepare Plans and Specifications and bid package based on District Standards
• Accept Proposals from District pre -qualified Contractors
• Evaluate Proposals and make recommendation to District
• Assume one iteration between Preliminary Design and Bid Set; and, Bid Set and Construction Set
Construction Phase
• Prepare Construction Drawings
• Attend pre -construction meeting
• Provide project staking
• Provide on site construction observation
• Assume 10 day construction time
• Prepare Record Drawing of completed project
As always, if another District related project is being constructed concurrently with the Burlingame Ranch project the
construction observation costs would be split between the projects.
Thanks,
Kevin
6011YYfts
;Enpifwering, InC.
Karin O'Connell, P.E.
Preied Manager
SW*d Engineering, ma
1860 Blake Street, Suite 200
Denier, CO 80202
p. 303.295.6806 • f. 303.295,6807
oconrell@66westmm
v w.68west. com
BY accepting this e-file and the information oontalned within, the Recipient will indemnify, to the fullest extent permitted by law, 68West Engineering, Ina, its officers, directors,
employees and subocnsultants against all damages, liabilities or costs. including reasonable allomeya fees and defense costs, for the use or misuse of the information
pmsided. In addition, the Recipient is solely responsible for the use or misuse of the pnwided Womhation by others to which this information may be tram md0a I a used, and
for any unauthorized changes, and the resulting damages that may occur as a result of the unauthorized use or char. If you do not agree with the above Hold -harmless
paragraph, you shall notify 68West Engineering, Inc, immediately. Consequences resulting from the unaumonzed use of the attached electronic data shall be the sole
responsibility of the recipient"
5/11/2010
►I V i - C�73:1►i11f"
vi e.
TO: Mayor and City Council
FROM: Scott Chism, Project Manager, Parks and Recreation Dept„
Austin Weiss, Trails Coordinator, Parks and Recreation �W
Dept.
THRU: Stephen Ellsperman, Parks and Open Space Dir or/
Jeff Woods, Manager of Parks and Recreation
DATE OF MEMO: May 17, 2010
MEETING DATE: May 24, 2010
RE: Resolution #2010-3 l : Approval of the Contract for
Construction for the East of Aspen Trail II Project
REQUEST OF COUNCIL: At this time we are requesting you to authorize a Contract for
Construction for the CONSTRUCTION OF THE EAST OF ASPEN TRAIL II PROJECT for the
amount of $870,000.00. This bid proposal came in significantly lower than the Engineer's
estimate and results in an overall project savings from budget estimates.
PREVIOUS COUNCIL ACTION: The City Open Space and Trails Board identified trail
improvements along the Highway,82 corridor leading into the eastern side of town as a priority
project for 2009. The design process was initiated in 2009 with Council approval of a
Professional Services Contract for Engineering Design Services for this project on April 13,
2009. City Council concurred with the approval of the 2009 budget for parks and open space
projects. City Council further concurred with the approval of the 2010 budget for parks and open
space projects.
BACKGROUND: The Construction Contractor, HEYL Construction, hic., was selected from a
group of six (6) qualified contractors to provide construction services for trail alignment
construction for the East of Aspen Trail II. The Contractor has developed a bid proposal that
should be acceptable to the City in order to complete construction of the trail improvements.
Following a detailed review by both staff and the consulting engineer, the bid proposal submitted
by HEYL Construction, Inc. was the lowest and most responsible of the six (6) bids received.
The bid proposal is a good value for the City when compared with the cost estimates prepared by
the design engineer. HEYL Construction, Inc. has completed civil work for the City in 2009 and
has a current contract with the City to complete replacement curb and gutter work in 2010.
Page 1 of 4
DISCUSSION:
The City of Aspen Open Space and Trails Board has identified this trail linkage as one of their
highest trail connection priorities. The Scope of Work includes placement of an 8-foot wide
paved pedestrian/bike trail along Highway 82 and a 6-foot wide crusher fines pedestrian/bike
trail along Stillwater Drive that will connect Pitkin County's East of Aspen Trail along the
Roaring Fork River to the City's sidewalk system in central Aspen just west of the Cooper
Avenue highway bridge over the Roaring Fork River. The site is located along the south side of
Highway 82 and along the east side of Stillwater Drive, north of the Roaring Fork River. The
trail alignment is located within State of Colorado right-of-way and crosses into property owned
by the Stillwater Affordable HOA into a trail easement that will be managed by Pitkin County.
The completed trail will create a safe pedestrian corridor where one does not currently exist. The
trail will contribute to a connection for the `seamless' trail system the City of Aspen is striving to
accomplish by connecting the residents of the east end neighborhoods and visitors to the James
H. Smith and Northstar open space parcels into the central Aspen sidewalk network. A key link
for the community trail system will result from the creation of this trail.
VICINITY MAP
Page 2 of 4
The existing condition of this connection is problematic due to disconnected sections of trail and
the necessity of pedestrians and bicyclists utilizing the highway shoulder as a trail corridor. A
number of dangerous areas of conflict exist within the corridor. The project includes four (4)
new pedestrian bridges, including two (2) new bridges over the Roaring Fork River at Stillwater
Drive and Cooper Avenue.
FINANCIAL/BUDGET IMPACTS: A comprehensive project budget of $1,099,813 has been
established, which has been revised downward as a result of budget deductions and wage
reductions established in 2009. The comprehensive project budget includes a financial
contribution from Pitkin County. The current competitive bidding climate has also contributed to
an anticipated project cost that will be under budget estimates.
Roughly 1,000 If. of the proposed trail is outside of the City limits, in Pitkin County, including
the entire 3501f. portion trail along Stillwater Drive. At a September 17th, 2009 Pitkin County
Open Space and Trails Board meeting, the Board indicated to City staff that they felt County
funding for this project was appropriate and committed to funding the County portion of the trail.
The Board then directed City staff to move forward with the planning of the project and to come
back to the Board once a solid cost for the County's portion of trail had been established. Staff
will be presenting the project to the Board on May 20 to confirm the County's financial
commitment to the project for a value of $313,431.00, which is the bid price together with a
contingency and a value for the City performed landscape restoration work.
Staff has prepared a comprehensive project budget (Attachment C) that illustrates design costs
that have been spent as well as anticipated construction costs, including this proposed contract
for construction.
A portion of the total Scope of Work will be completed by in-house Parks Department
construction staff and resources. The portion of work will include all landscape restoration work
associated with the trail corridor.
The Contractor, HEYL Construction, Inc. proposes to complete the contracted Scope of Work
covered under this Contract for Construction for Eight Hundred Seventy Thousand Dollars
($870,000.00). The contracted scope of work is illustrated on the attached vicinity map graphic
(Attachment C).
ENVIRONMENTAL IMPACTS: The East of Aspen Trail II will provide a connection
between the existing East of Aspen Trail located in Pitkin County and the city's eastern sidewalk
infrastructure located just west of the Roaring Fork River at Cooper Avenue. This corridor is
well used by pedestrians and bicyclists as a way to enter Aspen from the east, but is unsafe.
Users are forced to utilize the highway shoulders as a travel route. This `trail' experience is poor,
especially during the summer months when both community trail use and vehicular travel on
Highway 82 east of Aspen is high. A better, safer trail connection will potentially encourage
more trail use between the McSkimming, Mountain Valley and Riverside neighborhoods and
central Aspen and reduce vehicular trips on the highway.
Page 3 of 4
RECOMMENDED ACTION: Staff is recommending Council approval of the Contract for
Construction for the East of Aspen Trail U Project in order to allow the project to be completed
during summer 2010.
ALTERNATIVES: Council could choose not to approve this Contract for Construction, which
would delay construction work intended to make this proposed trail corridor safer to the general
public. Construction of any improvements would likely be delayed until at least 2011, which
would run counter to the intent and recommendations of the City Open Space and Trails Board.
PROPOSED MOTION: I move to approve the Contract for Construction between the City of
Aspen and the Construction Contractor, HEYL Construction, Inc. for the East of Aspen Trail H
construction for the amount of Eight Hundred Seventy Thousand Dollars ($870,000.00).
CITY MANAGER COMMENTS:
ATTACHMENTS:
Attachment A: Contract for Construction
Attachment B: Trail alignment plan drawings, 7 pages
Attachment C: Comprehensive Project Budget
Page 4 of 4
RESOLUTION #
(Series of 2010)
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF
ASPEN, COLORADO, AND HEYL CONSTRUCTION SETTING FORTH THE
TERMS AND CONDITIONS REGARDING EAST OF ASPEN TRAIL PHASE II
CONSTRUCTION AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID CONTRACT
WHEREAS, there has been submitted to the City Council an agreement
between the City of Aspen, Colorado, and Heyl Construction, a copy of which
agreement is annexed hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby approves that agreement
between the City of Aspen, Colorado, and Heyl Construction regarding East of
Aspen Trail Phase II construction for the city of Aspen, a copy of which is
annexed hereto and incorporated herein, and does hereby authorize the City
Manager of the City of Aspen to execute said contract on behalf of the City of
Aspen.
Dated:
Michael C. Ireland, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held May 24, 2010
Kathryn S. Koch, City Clerk
Attachment A
CONTRACT FOR CONSTRUCTION r"'CM 14 AqT'
THIS AGREEMENT, made and entered into on May 24'b, 2010 , by and between the CITY OF
ASPEN, Colorado, hereinafter called the "City", and HEYL Construction. Inc.
, hereinafter called the "Contractor".
WHEREAS, the City has caused to be prepared, in accordance with the law, specifications and
other Contract Documents for the work herein described, and has approved and adopted said documents,
and has caused to be published, in the manner and for the time required by law, an advertisement, for the
project East of Aspen Trail II Project, and,
WHEREAS, the Contractor, in response to such advertisement, or in response to direct invitation,
has submitted to the City, in the manner and at the time specified, a sealed Bid in accordance with the
terms of said Invitation for Bids; and,
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and
canvassed the Bids submitted in response to the published Invitation for Bids therefore, and as a result of
such canvass has determined and declared the Contractor to be the lowest responsible and responsive
bidder for the said Work and has duly awarded to the Contractor a Contract For Construction therefore,
for the sum or sums set forth herein;
NOW, THEREFORE, in consideration of the payments and Contract for Construction herein
mentioned:
1. The Contractor shall commence and complete the construction of the Work as fully described in
the Contract Documents.
2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and other
services necessary for the construction and completion of the Work described herein.
3. The Contractor shall commence the work required by the Contract Documents within seven (7)
consecutive calendar days after the date of "Notice To Proceed" and will complete the same by the
date and time indicated in the Special Conditions unless the time is extended in accordance with
appropriate provisions in the Contract Documents.
4. The Contractor agrees to perform all of the Work described in the Contract Documents and
comply with the terms therein for a sum not to exceed Eight Hundred Seventy Thousand
($ 870,000.00) DOLLARS or as shown on the BID proposal.
5. The term "Contract Documents" means and includes the documents listed in the City of Aspen
General Conditions to Contracts for Construction (version GC1-971) and in the Special
Conditions. The Contract Documents are included herein by this reference and made a part hereof
as if fully set forth here.
A. Notwithstanding anything to the contrary contained in Section 5.3.1 through Section 5.3.3
of the above referenced General Conditions, the following provisions shall apply with respect to
the types and limits of insurance that the Contractor shall procure (The remaining provisions of
Section 5.3, Contractor's Insurance shall remain the same.)
i. The Contractor shall provide certificates of insurance to the City which certificates
shall be made available to the Colorado Department of Transportation for the topes and limits
of insurance as set forth below.
ii. Workers' Compensation as required by state statute, and Employer's Liability
Insurance covering all employees acting within the course and scope of their employment and
work on the activities authorized by paragraph 4 of that certain License Agreement between the
City of Aspen and the Colorado Department of Transportation dated and by this
reference made a part of this Contract.
iii. Commercial General Liability Insurance written on ISO occurrence form CG 00 01
10/93 or equivalent, covering Premises operations, fire damage, Independent Consultants, blanket
contractual liability, personal injury and advertising liability with minimum limits as follows:
a. $1,000,000 each occurrence:
b. $2,000,000 general aggregate;
C. $50,000 any one fire.
If any aggregate limit is reduced below $1,000,000 because of claims made or paid,
Contractor shall immediately obtain additional insurance to restore the full aggregate limit and
furnish to the Colorado Department of Transportation and the City showing compliance with this
provision.
iv. Contractor shall provide Pollution Legal Liability Insurance with minimum limits
of liability of $1,0000,0000 Each Claim and $1,0000,000 Annual Aggregate. The Colorado
Department of Transportation shall be named additional insured to the Pollution Legal Liability
policy. The Policy shall be written on a Claims Made form, with an extended reporting period of
at least two years following finalization of the above referenced License Agreement.
V. Umbrella or Excess Liability Insurance with minimum limits of $1,000,000. This
policy shall become primary (drop down) in the event the primary Liability Policy limits are
impaired or exhausted. The policy shall be written on an Occurrence form and shall be following
form of the primary. The following form excess Liability shall include the Colorado Department
of Transportation as an Additional Insured.
vi. The Colorado Department of Transportation shall be named as Additional Insured
on the Commercial General Liability Insurance policy. Coverage required by the License shall be
primary over any insurance or self-insurance program carried by the State of Colorado.
vii. The Insurance shall include provisions preventing cancellation or non -renewal
without at least 30 days prior notice to the Colorado Department of Transportation and the City by
certified mail to the address contained in this document.
viii. The insurance policies related to the License shall include clauses stating that each
carrier will waive all rights of recovery, under subrogation or otherwise, against CDOT, its
agencies, institutions, organizations, officers, agents, employees and volunteers.
ix. All policies evidencing the insurance coverage required hereunder shall be issued
by insurance companies satisfactory to the Colorado Department of Transportation and the
City.
B. Section 5.2 of the General Conditions shall be amended to include a provision that
to the extent authorized by law, the Contractor shall indemnify, save and hold harmless the State,
their employees and agents, against any and all claims, damages, liability, and court awards
including costs, expenses, and attorney fees insured as a result of any act or omission by the
Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this
contract.
6. The City shall pay to the Contractor in the manner and at such time as set forth in the General
Conditions, unless modified by the Special Conditions, such amounts as required by the
Documents.
7. This Contract For Construction shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors, and assigns. Notwithstanding anything to the contrary
contained herein or in the Contract Documents, this Contract For Construction shall be subject to
the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval
requirements of Section 4-08-040. This agreement shall not be binding upon the City unless duly
executed by the City Manager or the Mayor of the City of Aspen (or a duly authorized official in
his/her absence) following a resolution of the Council of the City of Aspen authorizing the Mayor
or City Manager (or a duly authorized official in his/her absence) to execute the same.
8. This agreement and all of the covenants hereof shall inure to the benefit of and be binding upon
the City and the Contractor respectively and their agents, representatives, employees. Successors,
assigns, and legal representatives. Neither the City nor the Contractor shall have the right to
assign, transfer or sublet his or her interest or obligations hereunder without the written consent of
the other party.
9. This agreement does not and shall not be deemed or construed to confer upon or grant to any third
party or parties, except to parties to whom the Contractor or the City may assign this Contract For
Construction in accordance with the specific written consent, any rights to claim damages or to
bring suit, action or other proceeding against either the City or the Contractor because of any
breach hereof or because of any of the terms, covenants, agreements or conditions herein
contained.
10. No waiver of default by either party of any terms, covenants or conditions hereof to be performed,
kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent
default of any of the terms, covenants or conditions herein contained, to be performed, kept and
observed by the other party.
11. The parties agree that this Contract For Construction was made in accordance with the laws of the
State of Colorado and shall be so construed. Venue is agreed to be kept exclusively in the courts
of Pitkin County, Colorado.
12. In the event that legal action is necessary to enforce any of the provisions of this Contract for
Construction, the prevailing party shall be entitled to its costs and reasonable attorney's fees.
13. This Contract For Construction was reviewed and accepted through the mutual efforts of the
parties hereto, and the parties agree that no construction shall be made or presumption shall arise
for or against either party based on any alleged unequal status of the parties in the negotiation,
review or drafting of this Contract For Construction.
14. The undersigned representative of the Contractor, as an inducement to the City to execute this
Contract For Construction, represents that he/she is an authorized representative of the Contractor
for the purposes of executing this Contract For Construction and that he/she has full and complete
authority to enter into this Contract For Construction for the terms and conditions specified herein.
IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction on the
date first above written.
ATTESTED BY:
RECOMMENDED FOR APPROVAL:
City Engineering Department
ATTESTED BY:
CITY OF ASPEN, COLORADO
APPROVED AS TO FORM:
By:
City Attorney
CONTRACTOR:
Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a partnership, the
Contract shall be signed by a Principal and indicate title.
Certification and Supplemental Conditions to Contract for Services -
Conformance with &8-17.5.101, et seq.
Puroose. During the 2006 Colorado legislative session, the Legislature passed House Bill 06-1343 that added a new article
17.5 to Title 8 of the Colorado Revised Statutes entitled "Illegal Aliens — Public Contracts for Services." This new law
prohibits all state agencies and political subdivisions, including the City of Aspen, from knowingly employing or contracting
with an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly employs
or contracts with an illegal alien to perform work under the contract. The new law also requires that all contracts for services
include certain specific language as set forth in the statutes. This Certification and Supplemental Conditions has been designed
to comply with the requirements of this new law.
Applicability. The certification and supplemental conditions set forth herein shall be required to be executed by all persons
having a public contract for services with the City of Aspen.
Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract
for services entered into with the City of Aspen.
"Basic Pilot Program" means the basic pilot employment verification program created in Public Law 208, 104th
Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United
States Department of Homeland Security.
"Contractor" means a person having a public contract for services with the City of Aspen
"Public Contract for Services" means any type of agreement, regardless of what the agreement may be called, between
the City of Aspen and a Contractor for the procurement of services. It specifically means the contract or agreement referenced
below.
"Services" means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery
of a specific end product other than reports that are merely incidental to the required performance.
PURSUANT TO SECTION 8-17.5-101, C.R.S., et. seq.:
By signing this document, Contractor certifies and represents that at this time:
(i) Contractor does not knowingly employ or contract with an illegal alien; and
(ii) Contractor has participated or attempted to participate in the Basic Pilot Program in order to verify that it does not employ
illegal aliens.
The Public Contract for Services referenced below is hereby amended to include the following terms and conditions:
I. Contractor shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for
Services.
2. Contractor shall not enter into a contract with a subcontractor that fails to certify to the Contractor that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for
Services.
3. Contractor has verified or has attempted to verify through participation in the Federal Basic Pilot Program that
Contractor does not employ any illegal aliens; and if Contractor has not been accepted into the Federal Basic Pi lot Program
prior to entering into the Public Contract for Services, Contractor shall forthwith apply to participate in the Federal Basic Pilot
Program and shall in writing verify such application within five (5) days of the date of the Public Contract. Contractor shall
continue to apply to participate in the Federal Basic Pi lot Program and shall in writing verify same every three (3) calendar
months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The
requirements of this section shall not be required or effective if the Federal Basic Pi lot Program is discontinued.
4. Contractor shall not use the Basic Pilot Program procedures to undertake pre -employment screening ofjob applicants
while the Public Contract for Services is being performed.
5. If Contractor obtains actual knowledge that a subcontractor performing work under the Public Contract for Services
knowingly employs or contracts with an illegal alien, Contractor shall:
(i) Notify such subcontractor and the City of Aspen within three days that Contractor has actual knowledge that
the subcontractor is employing or contracting with an illegal alien; and
(ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required
pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor
shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides
information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien.
6. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in
the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to
the authority established in Subsection 8-17.5-102 (5), C.R.S.
7. If Contractor violates any provision of the Public Contract for Services pertaining to the duties imposed by
Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for
Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of
Contractor's violation of Subsection 8-17.5-102, C.R.S.
Public Contract for Services:
Contractor:
By:
Title:
JP W - saved: 5/10/2010-867-M:\city\cityatty\contract\forms\certi fication - hb-06-1343.doc
CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE OF
) SS.
COUNTY OF
On this day of , 19. before me appeared
to me personally known, who, being by
me first duly sworn, did say that s/he is of
and that the seal affixed to said
instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in
behalf of said corporation by authority of its board of directors, and said deponent acknowledged said
instrument to be the free act and deed of said corporation.
WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written.
Notary Public
Address
My commission expires:
BID PROPOSAL FORM
PROJECT NO: 2010-029
BID DATE: May 0, 2010
PROJECT: East of Aspen Trail II Project
PROPOSAL SUBMITTED BY: /7EyL CorJS IaT%orl 4 L�C C.
CONTRACTOR
CONTRACTOR'S PROPOSAL
TO: The Governing Body of the City of Aspen, Colorado
The undersigned responsible bidder declares and stipulates that this proposal is made in good faith,
without collusion or connection with any other person or persons bidding for the same work, and
that it is made in pursuance of and subject to all the terms and conditions of the advertisement for
bid, the invitation to bid and request for bid, all the requirements of the bid documents including the
plans and specifications for this bid, all of which have been read and examined prior to signature.
The bidder agrees to keep this bid open for Sixty (60) consecutive calendar days from the
date of bid opening.
The Contractor agrees that construction shall start immediately following a mandatory pre -
construction conference held by the Parks Department, which also constitutes the Notice to
Proceed. Submission of this proposal will be taken by the City of Aspen as a binding covenant that
the Contractor will finish construction within the time specified in the Special Conditions of this
contract document.
The City of Aspen reserves the right to make the award on the basis of the bid deemed most
favorable to the City, to waive any informalities or to reject any or all bids.
The City shall not pay the Contractor for defective work and/or for repairs or additional work
required for successful completion of the project. All work not specifically set forth as a pay item
in the bid form shall be considered a subsidiary obligation of the Contractor and all costs in
connection therewith shall be included in the prices bid for the various items of work. Prices shall
include all costs in connection with furnishing the proper and success completion of the work,
including furnishing all materials, equipment and tools, and performing all labor and supervision to
fully complete the work to the City's satisfaction.
Poor quality and workmanship shall not be paid for by the City. Such work product must be
removed immediately and replaced properly at no cost to the City.
All quantities stipulated in the bid form at unit prices are approximate and are to be used only as a
basis for estimating the probable cost of work and for the purpose of comparing the bids submitted
to the City. The basis of payment shall be the actual amount of materials furnished and work done.
The Contractor agrees
to make no claims for damages, anticipated profit, or otherwise on account of any differences
between the
amount of work actually performed and materials actually furnished and the estimated amount of
work.
The City reserves the right to increase or decrease the amount of work to be done on the basis of the
bid unit price and up to plus or minus Twenty Five (25) Percent of the total bid.
I hereby acknowledge receipt of ADDENDUM(s) numbered through -?
EAST OF ASPEN TRAIL II
BID SCHEDULE
APRIL 28, 2010
BID SCHEDULE A -CITY OF ASPEN WORK LIMITS
ITEM NO. DESCRIPTION
QUANTITY
UNIT
201-000W
Clearing and Grubbing
1
LS
20140001
Removal of Structure (Landscape Planter)
1
LS
202410019
Removal of Inlet
2
EA
202.00036
Removal of Pipe
22
LF
202-00165
Removal of Wall (Selvage Rock)
1
LS
202-00203
Removal of Curb & Gutter
605
LF
202.00210
Removal of Concrete Pavement
445
BY
202-00220
Removal of Asphalt Mal (Full Depth)
1177
BY
202.00250
Removal of Pavement Marking (Sand Blasting)
257
SF
202-W400
Removal of Bridge
1
LS
202-00503
Removal of Portions of Present Structure (Concrete Paso)
6
BY
203-00010
Unclassified Excavagan(CIP)
175
CY
203-00210
Borrmv(CIP)
100
CY
207-00205
Topsoil
350
CY
208-00000
Erosion Control
1
LS
210-00010
Reset Mailbox Structure
3
EA
21MM50
Reset Fire Hydrant
1
EA
210-00810
Reset Ground Sign
6
EA
21&04010
Adjust Manhole
7
EA
210.04050
Adjust Valve Box
6
EA
210-04051
Adjust Valve Box Special (lower water valve In planter pox)
i
EA
216-00035-000
Erosion Condrol Blanket
1000
BY
304-06000
Aggregate base Course (Class 6)
200
TN
30&01000
Reconditioning (MID Subtracts Preparation) 12' Depth
1495
BY
40343811
HMA (Grading S) (100) (PG 58.28). patching
31
TN
403-34711
HMA (Grading Sin (75) (PG 68-28)
220
TN
403-34811
HMA (Grading SX) (100) (PG S&28) - patching
9
TN
504-03410
NDn-Structural Retaining Wall (Boulder)
462
SF
504-03411
Retaining Wall (Boulder)
445
SF
504-04410
Block Facing [CIPI
478
SF
504-x]JOC(
Sop Nall
216
LF
504xxxxx
Soil Nail Wag Fading
288
SF
606-00212
Poprap It 2 Inch)
20
CY
601-03020
Concrete Class D (Flalwark) (V Depth)
114
BY
601-0302D
Concrete Class D (Flalwork) (8" Dep(h)
17
BY
601-03025
Concrete Class D (Flatwork) (V Depth) (San Diego Butt)
88
BY
601-03025
Concrete Class D (Flahvork) IS" Depth) (San Diego Butt)
155
BY
601-003052
Concrete Retaining Wall
402
SF
603-60012
121nch Plastic Pipe
50
LF
604-19DOO
Inlet Special (City of Aspan Eng 302-D)
1
EA
604-19001
Inlet Special (Prefabricated 24' Dla. Inlet wf Pedestrian Grate)
1
EA
604-19410
Inlet Type R Special It 0 Foot)
1
EA
606-00301
Guardrail Type 3 (6.3 Post Spacing) (Caden Finish)
154
LF
6D6.02005
End Anchorage(Ftared)
2
EA
607-11455
Fence Wood
170
LF
608-00012
Concrete Curb Ramp(Steel Truncated Domes)
137
SY
609,21020
Curb and Gutter Type 2(Section II-B)
1241
LF.
610-00024
Median Cover Material (4 Inch Patterned Concrete)
17
SF
61&00011
Sign Panel (Class I)
58
SF
614-01503
Steel Sign Support (2-Inch Round) (Poet and Socket)
6
EA
62&00000
Construction Surveying
1
LS
626.00DDO
Mobilization
1
LS
CITY PROJECT NO.2010.029
4
ee
EAST OF ASPEN TRAIL II
BID SCHEDULE
APRIL 28, 2010
627-00004
Expoxy Pavement Meddng
485 SF
$ Q • O-,) $ IQ41el
628-00000
Pre(abdceted Pad. Bridge (Hwy. 82 Roaring Fork Croseing)
1 LS
$ 000 °e $ OW, eO
628-00001
Pnefalmi ated Pod. Bridge (Saivelion Ditch Crossing)
1 LS
$ 1OCO. $ tDCO «
628*WD2
Prefabricated Pod. Bridge (UleAvenue)
1 LS
$052100o`O $ 5yxaO
63000000
Traffic Control
f LS
$ i 1,ar1D.60 $
T
203-00010
403.34711
412-00600
Undessifted Excavalim (CIP)
HMA (Grading SXX75)(PG 68-28)
Concrete Sidewalk (6- Depth) (San Diego Bu f)(STA 13+95 to STA 35+40 only)
00 CY 5 M. or,
10 TN $ 165. ea
1275 SY S S(o . eO
$ 1,400.
$ 1, 65o.'O
$'71,14W—°o
.5a,04Y
—7—� / /' 1 / � /� �
rwQ F)*, /we /�eA /`/ VlBid Alternate Total Written In Words)
TOTAL BID ALTERNATE
$$ 7�. �
BID SCHEDULE B - PITKIN COUNTY WORK LIMITS
ITEM NO.
DESCRIPTION QUANTITY UNIT UNIT PRICE
COST
201-00000
Clearing and Grubbing
i
LS
$ 1540.
201-90210
Removal of Corwrele Pavement (Heated Driveway)
15
SY
$ .a.$ • tl°
202-00220
Removal of Asphalt Mat (Full Depth)
736
BY
$ !� • as
202-00810
Removal of Ground Sign
2
EA
$ .alb•"
203-00010
Undassi8ed Excavation (CIP)
160
CY
$ [ 01 • ae
203-00210
Bwow(CIP)
60
CY
$ 19.M
207-00205
Topsoil
450
Cy
$ 112 ,e0
200-00000
Erosion Control
1
LS
$ DO. oD
210-00010
Reset Mailbox Structure
2
FA
$ "'IZO. 00
210.00810
Reset Ground Sign
2
FA
$ of I O Qe
210-04050
Adjust Valve Box
4
FA
$ •�
304-00000
Crusher Fines
22
CY
$ I5p•
304416000
Aggregate Base Course (Class B)
90
TN
$ .e0
306-01000
Reconditioning (MO Subgmde Preparation) 12" Depth
1053
SY
$
40334711
HMA (Grading SX) (75) (PG W28)
145
TN
$
504.03411
Retaining Wall (Boulder)
792
SF
504-04400
Wn-Slnxtural Bock Facing (CIP)
528
SF
$ ei•°O
504.04410
Black Faring [CIPI
998
SF
$ . a
606-00212
Riprep (12 Inch)
20
CY
$ 40.00
601-03025
Concrete Class D(Fielwmk)(8- Depth) (San Diego Buff)
104
SY
s 77•"
603-10180
181nch Corrugated Steel Pipe
8
LF
$ '20 Oo
607-11455
Fence Wood
397
LF
$ Ib.Se
608-00012
Concrete Curb Ramp (Sleet Truncated Dames)
18
SY
$
609-21020
Curb and Gutter Type 2 (Section 1143)
170
LF
$ oZb. Oo
625-00000
Construdlon Surveying
1
LS
$
626-00000
Mod$mtion
1
LS
$
628-00003
Prefabricated Pod. Bridge (Stillwater Dr.)
1
LS
$ ( 000.Oe
630.00000
TmlfoControl
1
LS
$3,gm
�µr �f,44y �7 �� /+5 ` TOTAL BID SCHEDULE B
O S%x 36//iws ,W?d r�s"�^�/ (Bid Schedule B Total Written in Words)
DM PPQIEC r NO. 201002D
w
eo
zs
.o
EAST OF ASPEN TRAIL 11
BID SCHEDULE
APRIL 28, 2010
ITEM NO. DESCRIPTION QUANTITY UNIT UNIT PRICE COST
TOTAL BID SCHEDULE A+ BID SCHEDULED IN NUMBERS:
7 �/�
�(•� O / n. UO
o
JT^'
1 • �WJp�(`%y/ �NW1Ml�
TOTAL BID SCHEDULE A+BID SCHEDULE B IN WORDS:
G II fJ�C�01
R/Y' A✓(d 2.&v Ce— *
I acknowledge that in submitting this bid it is understood that the
right to reject any and all bids has been reserved by the owner. j II
Contractor's Name
j'1 _L.. LDY\4rOG40/l C -
Authorized Officer.
1. j �I�Q[t (•{
Full name signature'.
Ji
Company address:
65 C> G2 335 F4ew CAle, CO
'.. Telephone number:
% 10 — 7S 5-' 34eo4e
Fax number
�D� 8T ' 3S5o3
Attested by:
�<
CT' PROJECT NO.2010426
Subcontractor & Material Supplier List
Name:�?9� klzifo ,Phone#: �ZrJ' eOs'
Address: 82 ScX 1979
Service or Product: �✓/br
Name: /—J(
Address: &aM
Service or P'rooduct:
Name: %vx
Address: t6 9:
Service or Product: 7A_a o c (ten 4.) L
FL[, MY,
Phone #: 94?Y- % au9
Phone #: C 02
Phone #: &' 52 "
Address: �Ammwwnlfdpf�':_
Service or Product:•� % %`
Name:
Address:
Service or Product
Name: / /0/G
Address.'
Service or Product: Y�i ✓%e �5
Phone #:y— 9602 _A00
Phone #: Fps -688- 95�6
Attachment B
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Attachment C
EAST OF ASPEN TRAIL 11
Comprehensive Project Budget / Construction Cost Estimate Aspen Parks Department
12-May- 10
WORK ITEM QTY UNIT UNIT COST TOTAL COST
DESIGN: 2010
Consulting Engineering Services I
LS 135,390.00
135,390.00
(contract value w/CO #2)
Consulting Engineering Services: Stillwater I
LS 19,650.00
19,650.00
(PitCo funded contract CO #I)
Consulting Engineering Services: Stillwater I
LS 3,000.00
3,000.00
(anticiapted CO #3 soil nail wall design
Pitkin County Land Use Review: 2010 1
LS 1,514.00
1,514.00
Subtotal Design 2010
159,554.00
SITE RESTORATION - COA scope
Seeding (Native: 0. 16 AQ
0.16 AC
4,000.00
640.00
Native Area Mulching (straw mulch)
I LS
1,575.00
1,575.00
Native Area Mulching (hydromulch)
I LS
2,660.00
2,660.00
Plant materials (trees, shrubs)
I Allow
8,000.00
8,000.00
Restoration Crew Labor
I LS
6,392.00
6,392.00
Subtotal
19,267.00
TRAIL CONSTRUCTION - CITY LIMITS -bid by HEYL
Construction
Bid Schedule A -City of Aspen limits
I LS
584,193.25
584,193.25
Subtotal
584,193.25
CONTINGENCY -CONTRACTED TRAIL CONSTRUCTION, CITY LIMITS
Trail Project Contingency (4%) 1 LS 23,367.73
Contingency Subtotal 23,367.73
TRAIL CONSTRUCTION - COUNTY LIMITS -bid by HEYL Construction
Bid Schedule B-Pitkin County limits I LS 285,806.75 285,806.75
Subtotal 285,806.75
CONTINGENCY -CONTRACTED TRAIL CONSTRUCTION, COUNTY LIMITS
Trail Project Contingency (4%) 1 LS 11,432.27
Contingency Subtotal 11,432.27
SITE RESTORATION - COUNTY LIMITS-COA scope
Seeding (Native: 0.28 AC)
0.28 AC
4,000.00
1,120.00
Native Area Mulching (straw mulch)
I LS
1,750.00
1,750.00
Native Area Mulching (hydromulch)
I LS
2,800.00
2,800.00
Plant materials (trees, shrubs)
I Allow
2,000.00
2,000.00
Restoration Crew Labor
I LS
8,522.00
8,522.00
Subtotal
16,192.00
Total East of Aspen Trail 11 Construction Estimate 1 1,099,813.001
2010 Carryforward: City of Aspen Partici
2010 Pitkin County Participation: Design
AMOUNT
766,731.98
19,650.00
2010 Pitkin County Participation: Construction 313,431.02
ITotal East of Aspen Trail 11 Development Budget 1,099,813.001
MEMORANDUM V1 *
TO: Mayor and City Council
FROM: Phil Overeynder, Utilities & Environmental Initiatives Director
CC: Randy Ready, Assistant City Manager
DATE OF MEMO: May 17,2010
MEETINGDATE: May24,2010
RE: Resolution in Support of Process for Roaring Fork Watershed Protection Plan
REQUEST OF COUNCIL: This is a request to approve a resolution in support of the process
being utilized to develop a watershed protection plan for the Roaring Fork Valley. The plan
addresses issues that affect local government jurisdictions in the Roaring Fork valley. Other
county and municipal jurisdictions are considering similar resolutions in support of this effort.
PREVIOUS COUNCIL ACTION: Together with other local jurisdictions in the Roaring Fork
valley, the City of Aspen supported Phase I of this project with a financial contribution towards
completion of a base document that provides a complete inventory of water resource information.
The Phase I document was prepared by the Roaring Fork Conservancy staff in cooperation with
local jurisdictions that participate in the Ruedi Water and Power Authority.
DISCUSSION: The first phase of the watershed plan was completed through the contributions
described above together with a grant from the Colorado Water Conservation Board. The second
phase of work on the watershed plan will focus on actions to be taken to protect and enhance the
watershed or otherwise improve water quality or water quantity considerations. By adopting the
attached resolution the City is indicating that it will consider these recommendations and take
any actions that City Council determines are both feasible and appropriate to further protect the
watershed.
FINANCIAL/BUDGET IMPACTS: Adopting the resolution has no financial implications at
the present time since it merely commits the City to evaluate recommendations and further action
steps. However, if after reviewing the plan recommendations, City Council may elect to
implement some or all of the measures recommended. These subsequent actions may have a
financial consequence to the extent that they are implemented. These financial impacts would
need to be considered at the time of plan adoption.
Page I of 2
ENVIRONMENTAL IMPACTS: Adopting the resolution in support of the process will not
have a direct environmental consequence. To the extent that City Council adopts specific
watershed plan recommendations at a future date, those actions may have a beneficial impact on
the environment.
RECOMMENDED ACTION: Staff recommends support for the next work phase of the
watershed plan. Staff further recommends support of the resolution to move forward in the
process with the other local jurisdictions in the Roaring Fork valley.
ALTERNATIVES: Staff has not identified any alternatives other than not participating in the
development of watershed policies or projects to implement the watershed plan. This alternative
would mean that no additional proposals would come before City Council in connection with the
development of the watershed protection plan.
PROPOSED MOTION: I move to approve Resolution # y)
CITY MANAGER
ATTACHMENTS:
Resolution #10- 7110
Page 2 of 2
fin
RESOLUTION 4
(Series of 2010)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, IN
SUPPORT OF THE ROARING FORK WATERSHED PLANNING PROCESS AND THE
PLAN'S OBJECTIVES, INCLUDING RESOURCE SUSTAINABILITY, ENVIRONMENTAL
QUALITY, PUBLIC SAFETY, RECREATIONAL VALUE AND AESTHETIC APPEAL.
WHEREAS, water is a critical natural resource to the environmental, social and
economic well-being of the Roaring Fork Watershed, and
WHEREAS, a collaboration of local governments, government agencies, non -profits,
associations, and citizens have come together to form the Roaring Fork Watershed Collaborative
Water Group; and
WHEREAS, this collaboration has undertaken the writing of the Roaring Fork
Watershed Plan; and
WHEREAS, the Ruedi Water and Power Authority (RWAPA) is the sponsor of the
Roaring Fork Watershed Plan; and
WHEREAS, the Municipal and County governments in the Roaring Fork Valley are
members and supporters of the Ruedi Water and Power Authority; and
WHEREAS, RWAPA and Roaring Fork Conservancy have been working diligently on
the Roaring Fork Watershed Plan since 2008 and have completed Phase I of the Plan, the State of
the Watershed Report; and
WHEREAS, RWAPA and Roaring Fork Conservancy are currently in the midst of
Phase 11 of the Plan which will produce recommendations for future water management in the
Roaring Fork Valley; and
WHEREAS, the Plan has engaged and involved hundreds of citizens of the Roaring
Fork Valley through many meetings, presentations and other activities publicizing the Plan and
soliciting contributions to and discussions of the Plan; and
WHEREAS, those efforts have resulted in broad support for the planning process and
significant and extensive public input into the Plan; and
WHEREAS, the local governments and agencies with responsibility for water
management, treatment, delivery, development and conservation wish to formally endorse the
concepts of resource sustainability, environmental quality, public safety, recreational value and
aesthetic appeal that are the objectives of the Plan.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO hereby expresses its support for the watershed planning process and
its intent to thoughtfully consider the recommendations of the Plan and to adopt those
recommendations which are found to be appropriate, feasible and beneficial to the citizens of
Aspen and the watershed as a whole.
Dated:
Michael C. Ireland, Mayor
1, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true
and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado,
at a meeting held May 24, 2010.
Kathryn S. Koch, City Clerk
V11
MEMORANDUM
TO: Mayor and Council
FROM: April Barker, Stormwater Manager, Engineering
THRU: Trish Aragon, P.E., City Engineer
Scott Miller, Capital Asset Director
DATE OF MEMO: May 17,2010
MEETING DATE: May 24,2010
RE: Urban Runoff Management Plan Update
Establishment of Title 28 — Stormwater
SUMMARY: Staff has prepared the final draft of the updated Urban Runoff Management
Plan (Manual). This Manual contains design criteria and technical guidance for addressing
stormwater drainage in development and redevelopment in Aspen. As a result of this
update, Title 28 of the Municipal Code has been established (ordinance attached, Manual
can be downloaded at htti)://www.aspennitkin.com/Departments/Engineerin ).
BACKGROUND: In December 2008, Council approved a professional services contract
with AMEC Earth and Environmental, Inc. for the development of an updated Urban Runoff
Management Plan aimed at improving stormwater management in the City. The Urban
Runoff Management Plan was originally adopted as the drainage design guidance document
in 1973. The City's stormwater drainage requirements and design criteria have been
periodically modified since then but never officially accepted through ordinance. Staff felt
this criteria was outdated and inadequate to efficiently and consistently review development
plans and to meet the goals of the Clean River Initiative. The goal of the Clean River
Initiative is to significantly reduce the amount of urban stormwater pollutants reaching the
Roaring Fork River.
Council has stated that staff should place focus on mitigating the impacts of development
and construction on the environment. Also, one of Council's Best Year Yet goals in 2009 is
to implement a development review and building permitting process that enables the City
Council to act as environmental stewards. There are currently no standards or requirements
to address water quality in the City's drainage criteria.
In April and August of 2009, staff and consultants presented an update on the manual's
progress. The major topic of discussion was the new water quality design standards. The
new criteria requires development and redevelopment to design and implement permanent
best management practices (BMPs) that can remove pollutants from their site's runoff
before it leaves their site. The pollutant of focus in Aspen and the Roaring Fork River is
TSS (total suspended solids). TSS can be removed from stormwater by filtration,
infiltration, and settling. Council supported this approach to improving the quality of
stormwater runoff in the City.
DISCUSSION: The Urban Runoff Management Plan is referenced in the Land Use Code
26.580.020.B.6.a as the guidance document for drainage design criteria. Since January
2009, the consulting team, staff, and a Technical Advisory Committee have been working to
update the Urban Runoff Management Plan, a draft of which is attached.
The goals of this update were to:
• Acquire Aspen -specific rainfall and snowmelt data for the development of equations
and standards used in Aspen's design criteria.
• Provide technical guidance on the latest and most relevant stormwater management
strategies and practices in the nation.
• Develop a water quality design standard for development and redevelopment.
• Clarify and standardized to the maximum extent practicable the minimum standards
required to meet the City's goals.
Provide a menu of options and effective tools for designers and engineers to reduce
both stormwater quality and quantity impacts, and protect downstream areas and
receiving waters.
The most significant changes to the design criteria include:
• An improved submittal process. Projects that must be reviewed by the engineering
department will be required to complete a sufficiency checklist and review this
checklist in a Pre -Application Meeting with the Development Engineer prior to
submission for a Building Permit.
• Exceptions made for smaller projects. Projects adding or disturbing less than 1000
square feet will be required to meet less strict standards and allowed to submit a
modified drainage plan and report that does not require a professional engineer's
review.
• Aspen specific rainfall and snowmelt data.
• Treatment for water quality. Sites will be required to capture and treat a certain
volume of runoff, the water quality capture volume (WQCV), to remove pollutants
from runoff before it leaves the site.
• Low Impact Development (LID). It is highly recommended that sites implement
LID or better site design practices. LID encourages the use of natural features on the
site (versus hard infrastructure), the reduction of impervious area, and increased
infiltration of runoff to reduce water quantity and quality impacts.
• Detention. Above the WQCV, sites that drain to the City's stormwater infrastructure
will be required to provide detention only if the proposed development will increase
peak runoff or volume from the site in the 10- or I 00-year events. (Detention was
required for these events previously.)
• New floodplain requirements.
o The lowest floor of structures built or improved in the I 00-year floodplain
must be located I foot above the base flood elevation.
o New or improved critical facilities must be protected from the 500-year
flood.
o In addition to sites located in the FEMA floodplain, sites located in areas that
drain greater than 130 acres will now be required to generate the I 00-year
floodplain and will be required to meet standard FEMA floodplain
regulations in those areas.
Sites located south of Durant and within 200 ft of a steep slope (>30%) or a two -foot
depth of mud during the 100-year mudflow event will be required to do a mudflow
analysis for their property. Mudflow impacts must be mitigated to the maximum
extent practicable.
Staff engaged the assistance of a Technical Advisory Committee (TAQ, composed of local
designers, planners, architects, contractors, developers, engineers, environmental experts,
and citizens, for review and discussion of this updated manual. The TAC met three times
throughout the process to discuss the goals of the update and the new design criteria and
technical guidance. Their comments and suggestions have been incorporated into this draft.
Overall, the TAC is supportive of the updated manual.
Staff also held two public meetings to discuss the updated manual — October 27, 2009 and
March 3, 2010. Their comments and suggestions have been incorporated into this draft.
Overall, the public that attended these meetings is supportive of the updated manual.
FINANCIAL/BUDGET IMPACTS: Adoption of this ordinance does not impact the
Stormwater Fund's budget.
ENVIRONMENTAL IMPACTS: By adopting this ordinance, an update to the design
criteria for drainage from developed and redeveloped sites, the quality of stormwater runoff
will be improved from developed and redeveloped sites. Sites developed following this
adoption will be encouraged to reduce runoff, thereby reducing stormwater pollutants, and
will be required to capture a volume of runoff from their site for removal of stormwater
pollutants.
RECOMMENDED ACTION: Staff recommends that a second reading and public hearing
for this ordinance be set for June 7, 2010.
CITY MANAGER COMMENTS:
ORDINANCE NO. I ��
Series of 2010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING THE ASPEN MUNICIPAL CODE BY ADDING A
NEW TITLE 28 CODE REGARDING STORMWATER.
WHEREAS, Title 28 establishes stormwater management policies to provide
reasonable guidance for the regulation of stormwater runoff for the purpose of
minimizing damage to public and private property and infrastructure and protecting and
enhancing local water resources, and
WHEREAS, the Urban Runoff Management Plan was developed as the guidance
manual for stormwater management on developing and redeveloping lots in the City of
Aspen in August, 1973, and
WHEREAS, Section 26.580.020.B.6.a of the City of Aspen Municipal Code
states that "the drainage plan for the proposed subdivision shall comply with the criteria
in the City's "Urban Runoff Management Plan," and
WHEREAS, the Urban Runoff Management Plan was updated in 2009 by staff
and consultants, with input from a Technical Advisory Group comprised of local
interested parties, to provide stormwater design guidance that reflects more recent science
and data, that provides a more efficient development review process, and that assists in
meeting the goals of the Clean River Initiative.
WHEREAS, Title 28 adopts the updated Urban Runoff Management Plan as the
design criteria and guiding document for stormwater management for construction and
development activities within the City of Aspen.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO, THAT:
Section 1.
That the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding a new
title, Title 28, Stonnwater and Mudflow, which said Title shall read as follows:
TITLE 28. STORMWATER AND MUDFLOW
Chapter 28.01
I Q1 I R-11 Dillon 030
See. 28.01.010 Introduction
It is hereby determined that:
Construction and development activities, and their associated changes to land cover, alter the
hydrologic response of local watersheds and increase stormwater runoff rates and volumes, which
in turn increase flooding, stream channel erosion, and sediment transport and deposition;
Construction and development activities also contribute to increased nonpoint source
pollution and degradation of receiving waters;
The impacts of development -related stormwater runoff quantity and quality can adversely
affect public safety, public and private property, drinking water supplies, recreation, fish
and other aquatic life, property values and other uses of lands and waters;
These adverse impacts can be controlled and minimized through the regulation of
stormwater runoff quantity and quality from new development and redevelopment, by the
use of both structural facilities as well as nonstructural measures;
Localities in the State of Colorado are required to comply with a number of both State
and Federal laws, regulations and permits which require a locality to address the impacts
of stormwater runoff qualityand nonpoint source pollution these include the Federal
Water Pollution Control Act, the Federal Water Quality Act, and the Colorado State
Water Quality Standards;
Therefore, the City of Aspen establishes this set of stormwater management policies to
provide reasonable guidance for the regulation of stormwater runoff for the purpose of
protecting local water resources from degradation. It is determined that the regulation of
stormwater runoff discharges from construction and development activities and other
construction activities in order to control and minimize increases in stormwater runoff
rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution
associated with stormwater runoff is in the public interest and will prevent threats to
public health and safety.
See. 28.01.0240 Purpose
The purpose of this Title is to protect, maintain and enhance the health, safety, and
welfare of the watersheds and public residing in watersheds within this jurisdiction by
establishing minimum requirements and procedures to control the adverse effects
mudflow and of increased effects of post -development stormwater runoff and nonpoint
source pollution associated with new development and redevelopment. It has been
determined that proper management of stormwater runoff and mudflow will minimize
damage to public and private property and infrastructure, safeguard the public health,
safety, environment and general welfare of the public, and protect water and aquatic
resources.
This Title seeks to meet that purpose through the following objectives:
(1) Minimize increases in stormwater runoff from any development in order to reduce
flooding, erosion, non -point source pollution and increases in stream temperature, and
maintain the integrity of stream channels and aquatic habitats;
(2) Minimize increases in nonpoint source pollution caused by stormwater runoff from
development which would otherwise degrade local water quality;
(3) Minimize the total annual volume of surface water runoff which flows from any specific
site during and following development to not exceed the pre -development hydrologic
regime to the maximum extent practicable; and
(4) Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution,
wherever possible, through stormwater management controls and to ensure that these
management controls are properly maintained and pose no threat to public safety.
(5) Minimize the impact of a mudflow event to the maximum extent practicable.
See. 28.01.030 Applicability
This Title shall be applicable to all construction or development activity, including but
not limited to subdivision, building permit, or site plan applications, unless eligible for an
exemption or granted a waiver by the City of Aspen. The Title also applies to
construction or development activities that are smaller than the minimum applicability
criteria if such activities are part of a larger common plan of development that meets the
following applicability criteria, even though multiple separate and distinct construction or
development activities may take place at different times on different schedules. In
addition, all plans must also be reviewed by City staff to ensure that stormwater
management measures and controls will be maintained during and after development of
the site.
Sec.28.01.040 Compatibility with Other Permit and Code Requirements
This Title is not intended to interfere with, abrogate, or annul any other municipal code,
rule or regulation, stature, or other provision of law. The requirements of this Title should
be considered minimum requirements, and where any provision of this Title imposes
restrictions different from those imposed by any other ordinance, rule or regulation, or
other provision of law, whichever provisions are more restrictive or impose higher
protective standards for human health or the environment shall be considered to take
precedence.
Chapter 28.02
STORMWATER AND MUDFLOW DESIGN MANUAL
See. 28.02.010. Adoption of Urban Runoff Management Plan.
Pursuant to the powers and authority conferred by the Charter of the City, there is hereby adopted
and incorporated herein by reference as if fully set forth those regulations contained in the Urban
Runoff Management Plan (Manual), as may be amended from time to time by the City Engineer.
At least one (1) copy of the aforementioned Manual shall be available for public inspection at the
Community Development Department and Engineering Department.
See. 28.02.020. Use of Urban Runoff Management Plan
The City of Aspen shall use the policies, criteria and information including specifications
and standards in the latest edition of the Urban Runoff Management Plan (Manual) for
the proper implementation of the requirements of this Title. The Manual may be updated
and expanded periodically, based on improvements in science, engineering, monitoring,
and local maintenance experience.
The Manual shall include a list of acceptable stormwater treatment practices, including
the specific design criteria for each stormwater practice. The Manual also includes
criteria for managing mudflows. The Manual may be updated and expanded from time to
time, at the discretion of the local review authority, based on improvements in
engineering, science, monitoring and local maintenance experience. Stormwater
treatment practices that are designed and constructed in accordance with these design and
sizing criteria shall be presumed to meet the minimum water quality performance
standards.
Sec. 28.02.030. Applicability.
The Urban Runoff Management Plan, as adopted pursuant to Section 28.02. 010, shall
apply to all construction, development or redevelopment activity within the City;
provided, however, that the City Engineer may waive one (1) or more specific provisions
of the Urban Runoff Management Plan. Requests for waivers and any waivers granted by
the City Engineers shall be in writing.
Section 2.
That Section 26.580.020(3)(6)(a) of the Aspen Municipal Code is hereby amended to
read as follows:
a. Drainage Plan. The drainage plan for the proposed subdivision shall comply with the
criteria in the City's "Urban Runoff Management Plan" set forth in Title 28.
Section 3.
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
pnor ordinances.
Section 4.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
A public hearing on the ordinance shall be held on the _ day of _, in the
City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the — day of
Michael C. Ireland, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved, this — day of
Michael C. Ireland, Mayor
Attest:
Kathryn S. Koch, City Clerk
MEMORANDUM Vitt
TO: Mayor Ireland and Aspen City Council
THRU: Drew Alexander, Interim Zoning Officer P4�
FROM: Chris Bendon, Community Development Director
RE: Land Use Code Amendments — Ordinance No. 9, Series 2010 — Second Reading
Temporary Outdoor Food Vending
Signage
Public Amenity Space
MEETING
DATE: May24,2010
SUMMARY:
The City of Aspen Community Development Department has initiated amendments to the
Aspen Land Use Code in the areas of outdoor merchandising, temporary food vending,
and signage in response to a work session held with City Council in September of 2009.
The work session referenced above was held in order to gain Council's opinion on
existing conditions related to the market environment in and around the Commercial
Core. More specifically, this discussion involved outdoor merchandising, temporary
outdoor food vending regulations, sandwich board signs, and outdoor dining. Staff
researched the code and drafted an implementation strategy for language changes. ne
following Land Use Code Sections were grouped together for the initial text amendment
review:
* 26.470.060.7, Temporary outdoor food vending,
* 26.510.1 10.B.4, Signs on public right-of-way, and
* 26.575.030.17, Public Amenity (outdoor merchandising)
These amendments have been reviewed by the P&Z on December 15 th, 2009 and January
5'h, 2010 where a recommendation of approval was granted under Resolution No. 1,
Series of 2010
A comprehensive Sign Code rewrite that includes changes to sandwich board signs
recently received a recommendation by the Planning and Zoning Commission on May 4
under Resolution No. 10, Series of 2010. Staff will be presenting this draft to City
Council at a future date.
Staff recommends the Council adopt the proposed code amendments.
MAIN ISSUFS:
1.) Temporary Food Vending on Private Property: City Council and Community
Development Staff were in agreement that more flexibility and choices for individuals
pursuing a food vending cart permit would aid in adding vitality to the downtown. The
proposed changes add to the existing program and maintain market fairness in the
community between outdoor food vendors and those that pay interior rents. The changes
to code include location, duration and signage revisions.
Location: The proposed code language allows for food vending carts to operate in new
locations. The first of these areas is the Commercial Lodge (CL) zone district and
Gondola Plaza. These areas occupy a portion of the base of Aspen Mountain and include
properties such as Aspen Square, Residences at Little Nell, and the North of Nell.
The second proposed location includes the interior arcade malls within properties in the
Commercial Core (CC) and the Commercial Lodge (CL) zone districts. Vending carts
located in arcades must obtain property owner consent and from all businesses who have
access along the arcade.
The proposed location language additionally states that the operator is limited to one
location and the cart shall be installed and not intended to move on a day-to-day basis.
Duration: Currently, temporary food vending permits are allowed to operate on a six
month basis. The code does not specify whether or not this is within an annual year, or if
the operator can stop vending for one day and then begin operating again for another six
months. The proposed code language allows for vendors to receive a yearlong permit,
starting May 15 and ending May 14. When the year duration has expired, the operator is
subject to review and resubmittal of fees. If the vendor is deemed noncompliant with the
code the permit may be revoked.
Signage: The proposed code language exempts food vending cart signage from those
requirements found within Land Use Code Section 26.510, Signs. This exemption does
not include the section on Prohibited Signs found within that Chapter. The size of the
sign shall be the lesser of fifty percent (50%) of the surface area of the front of the cart, or
eight (8) square feet. The sign shall be painted on or affixed to the cart. Any logos,
lettering, or sipage on umbrellas or canopies counts towards this calculation. Food carts
in locations that have no visibility along the public right-of-way shall be allowed one
sandwich board sip in accordance with the regulations found within Section
26.510.130.D.e.
2.) Outdoor Merchandising. The main concern with outdoor merchandising is that the code
prohibits it from occurring, yet it is commonplace throughout town. Most of the activity
includes clothing, sportswear, bicycles, or artwork. City Council informed staff that they
believed the current amount of outdoor merchandising was acceptable, but that the code
needs to match existing conditions and to have some level of control.
The proposed code language now allows for outdoor merchandising in public amenity
space or private property. Additionally, this language requires that outdoor
merchandising be in front of or proximate to the storefront it is associated with. The
merchandising must be associated with a commercial use on the same parcel. The code
language also prohibits the installation of umbrellas, retractable canopies, or similar
devices in conjunction with outdoor merchandising displays.
3.) Signage: This code language change to the sign code refers to signs (banners and
flags) on Main Street light posts. The proposed language addresses some repetition that
existed between the Purpose and Eligibility portions of this Section. This revision would
give the City Clerk more confidence in granting sign approvals, and would also greatly
reduce the number of banner or flag sign proposals being presented to the City Council.
No requirements or review standards have been altered. Staff would like to create a
separate Land Use Code chapter for Signs on Public Property. A more comprehensive
re -write of the Sign Code will be presented to Council at a later date.
APPLICANT:
City of Aspen
PREVIOUS ACTION:
Work sessions were held with CCLC and City Council in addition to a survey that was
distributed by ACRA to local retailers.
REVIEW PROCEDURE:
Text Amendment. At a duly noticed public hearing, the Planning and Zoning
Commission shall recommend by Resolution the City Council to approve, approve with
conditions, or deny the application. City Council is the final review authority.
RECOMMENDATION:
Staff recommends the City Council approve the City -initiated amendments to Temporary
Food Vending, Public Amenity, Signage, as described in Ordinance 9, Series of 2010.
CITV MANAGER COMMENTS:
RECOMMENDED MOTION:
"I move to approve Ordinance No. 9, Series of 2010."
ATTACHMENTS:
Ordinance No. 9, 2010, for Outdoor Merchandising, Outdoor Vending, and Main Street
Banners
Exhibit A. 1 — Existing text for Outdoor Vending
Exhibit A.2 — Redlined text for Outdoor Vending
Exhibit B. 1 — Existing text for Main Street banners
Exhibit B.2 — Redlined text for Main Street banners
Exhibit C. I — Existing text for Pedestrian Amenity
Exhibit C.2 — Redlined text for Pedestrian Amenity
Exhibit D — Planning and Zoning Minutes
ORDINANCE NO. 9
(SERIES OF 2010)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AMENDMENTS TO THE FOLLOWING SECTIONS
FO THE CITY OF ASPEN LAND USE CODE: 26.470.060.7,26.510.110.B.4, AND
26.575.030.F
WHEREAS, the Community Development Director of the City of Aspen initiated
an application proposing amendments to the Land Use Code, pursuant to Chapter 26.210;
and,
WHEREAS, the amendments requested relate to Section 26.470.060.7,
26.5 10.110.13.4, and 26.575.030.F of the Land Use Code of the Aspen Municipal Code;
and,
WHEREAS, pursuant to Section 26.3 10, applications to amend the text of Title
26 of the Municipal Code shall be reviewed and recommended for approval, approval
with conditions, or denial by the Community Development Director and then by the
Planning and Zoning Corrunission at a public hearing. Final action shall be by City
Council after reviewing and considering these recommendations; and,
WHEREAS, the Director recommended approval of amendments to the above
listed Sections as further described herein; and,
WHEREAS, at a duly noticed public hearing on December 15, 2009, the
Planning and Zoning Commission continued a hearing to consider the proposed
amendments as described herein to January 5, 2010.
WHEREAS, the Planning and Zoning Commission held a duly noticed public
hearing to consider the proposed amendments described herein on January 5, 2010, took
and considered public testimony and the recommendation of the Director and
recommended, by a 7 - 0 vote, City Council adopt the proposed amendments.
WHEREAS, during a duly noticed public hearing on May 24h, the City Council
took public testimony, considered pertinent recommendations from the Community
Development Director, referral agencies, Planning and Zoning Commission, and considered
the development proposal under the applicable provisions of the Municipal Code as
identified herein; and,
WHEREAS, the Aspen City Council finds that the development proposal meets or
exceeds all the 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.
City of Aspen City Council
Ordinance No. 9, Series of 2010
Page 1
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1:
Pursuant to Section 26.3 10 of the Municipal Code, the City of Aspen City Council hereby
approves the amendments to Section 26.470.060.7, Temporary Outdoor Food Vending,
which section defines, describes, authorizes, and regulates the process for establishing a
food vending cart within the City of Aspen to read as follows:
7. Temporary Food Vending. Temporary Food Vending on private property or public
property that is subject to a mail lease for food vending or outdoor restaurant seating
in the Gondola Plaza, Commercial Core (CC) or Commercial Lodge (CL) Zone
Districts shall be approved, approved with conditions or denied by the Community
Development Director based on the following criteria:
a) Location: All food vending shall be located in the upper and lower Gondola
Plaza, Commercial Core (CC) or Commercial Lodge (CL) zone districts. The
temporary operation shall under no circumstance be located in or along the public
right-of-way in a manner that inhibits the movement of pedestrian or vehicular
traffic. Temporary food vending may operate in interior arcades of buildings
within the Commercial Core and Commercial Lodge zone districts only if the
approval of the property owner and of all businesses that have access in the arcade
has been granted. Other criteria that applications must be in compliance with:
1 . Multiple vending sites shall not be allowed for any single owner or entity.
2. The food cart shall be in a consistent location as is practically reasonable
and not intended to move on a daily basis throughout the duration of the
permit.
3. The food vending cart shall be placed in a location that does not interfere
with required emergency egress or pose a threat to public health, safety and
welfare. A minimum of six (6) foot ingress/egress shall be maintained for
building entrances and exits.
4. Before a food vending cart can begin operating, it must receive approval
from the property owner and all adjacent businesses.
b) Duration: The temporary food vending operation shall be permitted to operate for
a period of one year, beginning May 15 and ending May 14. At the end of this
period, the operation shall be subject to review by the City Clerk and the
Community Development Department. If all criteria are still met then the
operator may receive a permit renewal.
City of Aspen City Council
Ordinance No. 9, Series of 20 10
Page 2
c) Fee: The permit fee for a food vending cart shall be the current fee listed in Land
Use Code Section 26.104.070, Land use application fees.
d) Size: The area of outdoor food vending activities does not exceed fifty (50) square
feet. The area of outdoor food vending activities shall be defined as a counter
area, equipment needed for the food vending activities (e.g. cooler with drinks,
snow cone machine, popcorn machine, etc.), and the space needed by employees
to work the food vending activity.
e) Signage: Signage for temporary food vending carts shall be exempt from those
requirements found within Land Use Code Section 26.510, Signs, but not
excluding Prohibited Signs. The total amount of signage shall be the lesser of
fifty percent (50%) of the surface area of the front of the cart, or six (6) square
feet. Sign(s) shall be painted on or affixed to the cart. Any logos, lettering, or
signage on umbrellas or canopies counts towards this calculation. Food carts may
have a sandwich board sign in accordance with the regulations found within
Chapter 26.5 10.
f) An application to the Community Development Director for temporary outdoor
food vending shall only be submitted and approved subsequent to submitting and
obtaining approval of a food service plan from the Environmental Health
Department. The area of outdoor food vending activities shall include recycling
bins and a waste disposal container that shall be emptied daily and stored inside at
night and when the outdoor food vending activities are not in operation.
Additionally, no outdoor, open -flame char -broiling shall be permitted pursuant to
Municipal Code Section 13.08.100, Restaurant Grills.
g) Affordable Housing Waiver: The Community Development Director shall waive
affordable housing mitigation fees associated with the temporary new net leasable
square footage being created by outdoor food vending activities.
h) The outdoor food vending activities may occur year-round. An application for an
approval of temporary outdoor vending activities shall not constitute nor be
interpreted by any property owner, developer, vendor, or court as a site specific
development plan entitled to vesting under Article 68 of Title 24 of the Colorado
Revised Statutes or Chapter 26.308 of this Title. Approvals granted in this
subsection are subject to revocation by the City Manager or Community
Development Director without requiring prior notice.
i) An application for temporary outdoor food vending activities shall not diminish
the general public health, safety or welfare and shall abide by applicable City
regulations, including but not limited to building codes, health safety codes, fire
codes, liquor laws, sign and lighting codes, and sales tax license regulations.
City of Aspen City Council
Ordinance No. 9, Series of 20 10
Page 3
Section 2:
Pursuant to Section 26.3 10 of the Municipal Code, the City of Aspen City Council hereby
approves the amendments to Section 26.510.110.B.4, Banners and Flags on Main St.
Light Posts, which section defines, describes, authorizes, and regulates the availability to
installed banners and flags on Main Street light posts, to read as follows:
4. Banners and flags on Main Street light posts.
a. Purpose. Banners and flags hung from light posts on Main Street have
traditionally been permitted to celebrate special events of community
interest. The purpose of these policies and regulations is to clarify
which events may be celebrated and advertised through the use of
banners or flags hung from the City -owned light posts on Main Street.
b. Eligibility. Banners hung from the Main Street light posts shall be
permitted for anniversaries of local nonprofit organizations beginning
at the organization's tenth (10th) year and for events that are
considered relevant to a large segment of the local community. The
United States, Colorado, Aspen or foreign country flags shall be
permitted at the discretion of the City Manager.
c. Size/number/material. All proposed banners or flags should meet the
City's specifications for size, mounting and material. Banners shall be
two feet wide and four feet high (2' x 4') to be compatible with
mounting system on the light posts. Banners and flags must be made
of nylon, plastic or similar material. Paper is not allowed.
d. Content. Banners shall only contain information identifying the event,
the date and time or a simple graphic/logo related to the event. Any
commercial advertising shall be minimized so that any commercial
content is not the most prominent information conveyed on the banner
or flag and shall be limited to no more than thirty percent (30%) of the
area of the sign. The City reserves the right to request changes to the
design, color or content in order to assist the applicant to comply with
this requirement.
e. Cost/fees/procedures. The cost of installation is outlined in the current
fee schedule set forth at Chapter 2.12, Miscellaneous fee schedules, of
this Code. A refundable security deposit as outlined in the current fee
schedule shall be required to assure replacement of damaged banners
and retrieval of the banners from the City (see Section g below for
maintenance requirements). The applicant shall be required to submit
an application to the City Manager's office showing the dimensions,
design and colors of the proposed banners or flags at least three (3)
months prior to the event. Flags are required to be delivered to the
City Parks Department one (1) week prior to the event. Banners shall
City of Aspen City Council
Ordinance No. 9, Series of 20 10
Page 4
be delivered to the Utility Department on Fridays at least two (2)
weeks prior to their installation.
f. Duration. Ile display of banners and flags on the Main Street light
posts shall not exceed fourteen (14) days or the duration of the event,
whichever is less.
g. Maintenance. Prior to the placement of banners or flags on City street
light posts, the applicant shall provide to the City a number of
replacement flags or banners to be determined by the City. These
replacement flags or banners shall be used by the City to replace
banners or flags that are stolen or damaged. The cost of replacing
banners or flags shall be deducted from the security deposit. Once
banners have been removed, the applicant shall be required to pick up
the banners from the City within three (3) days.
Section 3:
Pursuant to Section 26.3 10 of the Municipal Code, the City of Aspen City Council hereby
approves the amendments to Section 26.575.030.F, Public Amenity — Design and
Operational Standards for Public Amenity, which section defines, describes, authorizes,
and regulates the City of Aspen's required public amenity areas, included those
operations that can occur within, to read as follows:
F. Design and operational standards for public amenity. Public amenity, on all
privately owned land in which public amenity is required, shall comply with the
following provisions and limitations:
1. Open to vie . Public amenity areas shall be open to view from the street at
pedestrian level, which view need not be measured at right angles.
2. Open to s . Public amenity areas shall be open to the sky. Temporary and
seasonal coverings, such as umbrellas and retractable canopies, are permitted. Such
nonpermanent structures shall not be considered as floor area or a reduction in public
amenity on the parcel.
Trellis structures shall only be permitted in conjunction with commercial restaurant
uses on a designated historic landmark or within H, Historic Overlay Zones, and must
be approved pursuant to review requirements contained in Chapter 26.415,
Development Involving the Aspen Inventory of Historic Landmark Sites and
Structures or Development within an H, Historic Overlay District. Such approved
structures shall not be considered as floor area or a reduction in public space on the
parcel.
3. No walls/enclosures. Public amenity areas shall not be enclosed. Temporary
structures, tents, air exchange entries, plastic canopy walls and similar devices
designed to enclose the space are prohibited, unless approved as a temporary use,
City of Aspen City Council
Ordinance No. 9, Series of 2010
Page 5
pursuant to Chapter 26.450. Low fences or walls shall only be permitted within or
around the perimeter of public space if such structures shall permit views from the
street into and throughout the public space.
4. Prohibited uses. Public amenity areas shall not be used as storage areas�
utility/trash service areas, delivery areas or parking areas or contain structures of any
type, except as specifically provided for herein. Vacated rights -of -way shall be
excluded from public amenity calculations.
5. Grade limitations. Required public amenity shall not be more than four (4) feet
above or two (2) feet below the existing grade of the street or sidewalk which abuts
the public space, unless the public amenity space shall follow undisturbed natural
grade, in which case there shall be no limit on the extent to which it is above or below
the existing grade of the street, or if a second level public amenity space is approved
by the Commission.
6. Pedestrian links. In the event that the City shall have adopted a trail plan
incorporating mid -block pedestrian links, any required public space must, if the City
shall so elect, be applied and dedicated for such use.
7. Landscaping pl . Prior to issuance of a building permit, the Community
Development Director shall require site plans and drawings of any required public
amenity area, including a landscaping plan and a bond in a satisfactory form and
amount to ensure compliance with any public amenity requirements under this Title.
8. Maintenance of landscaping. Whenever the landscaping required herein is not
maintained, the Chief Building Official, after thirty (30) days' written notice to the
owner or occupant of the property, may revoke the certificate of occupancy until said
party complies with the landscaping requirements of this Section.
9. Outdoor Merchandising on Private Prope . Private property may be utilized for
merchandising purposes by those businesses located adjacent to and on the same
parcel as the outdoor space. This shall not grant transient sales from peddlers who are
not associated with an adjacent commercial operation. In addition, outdoor
merchandising must meet the following requirements:
a) Merchandise must be maintained, orderly and located in front of or proximate
to the storefront related to the sales.
b) The display of merchandise shall in no way inhibit the movement of
pedestrian traffic along the public right-of-way. All merchandising shall be
located on private property. A minimum of six (6) foot ingress/egress shall be
maintained for building entrances and exits.
c) The size and amount of merchandise allowed is under the discretion of the
property owner.
City of Aspen City Council
Ordinance No. 9, Series of 2010
Page 6
d) Umbrellas, retractable canopies, and similar devices are not permitted for
outdoor merchandising. See Section 26.304.070.F.2.
c) Merchandise shall be displayed for sale with the ability for pedestrians to view
the item(s). Outdoor areas shall not be used solely for storage.
The prohibition of storage shall be limited to merchandising on private
property and shall not apply to permitted commercial activity on an abutting
right-of-way or otherwise permitted by the City.
10. Outdoor Restaurant Seating on Private Prop . Private Property may be used for
cormnercial restaurant use if adequate pedestrian and emergency vehicle access is
maintained. Umbrellas, retractable canopies, and similar devices are permitted for
commercial restaurant uses. For outdoor food vending in the Commercial Core
District, also see Paragraph 26.470.040.B.3, Administrative growth management
review.
11. Design guideline compliance. The design of the public amenity shall meet the
parameters of the Commercial, Lodging and Historic District Design Objectives and
Guidelines,
(Ord. No. 55-2000, §15; Ord. No. 1-2002, §16; Ord. No. 23-2004, §3; Ord. No. 2-2005,
§2; Ord. No. 5, 2005, §2; Ord. No. 13, 2007, §2)
Section 4:
A public hearing on the Ordinance was held on the 24h day of May, 2010, at 5:00 p.m. in
Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same was published in a newspaper of general circulation
within the City of Aspen.
Section 5:
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 6:
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
ISignatures on following page)
City of Aspen City Council
Ordinance No. 9, Series of 2010
Page 7
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 12th day of April, 20 10.
Attest:
Kathryn S. Koch, City Clerk
Michael C. Ireland, Mayor
FINALLY, adopted, passed and approved this _ day of
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
City Attorney
City of Aspen City Council
Ordinance No. 9, Series of 2010
Page 8
Michael C. Ireland, Mayor
WHO
Exhibit A.1
Temporary Outdoor Food Vending
Revision of Land Use Code:
(Existing Language)
7. Temporary outdoor food vending. A temporary use of outdoor food vending by a
restaurant or retailer on private property, private open space or public property that is subject
to a mall lease for food vending or outdoor restaurant seating in the Commercial Core (CC)
Zone District shall be approved, approved with conditions or denied by the Community
Development Director based on the following criteria:
a) The temporary operation shall be permitted for a specified period not to exceed six (6)
months in durations or as otherwise limited by a mall lease.
b) The area of outdoor food vending activities does not exceed fifty (50) square feet. The
area of outdoor food vending activities shall be defined as a counter area, equipment
needed for the food vending activities (e.g. cooler with drinks, snow cone machine,
popcorn machine, etc.), and the space needed by employees to work the food vending
activity.
c) Temporary outdoor food vending may only occur by or in association with restaurant or
retail uses and with the approval of the restaurant or retail establishment's owner in
which the outdoor food vending is associated and located adjacent to.
d) An application to the Community Development Director for temporary outdoor food
vending shall only be submitted and approved subsequent to submitting and obtaining
approval of a food service plan from the Environmental Health Department. The area of
outdoor food vending activities shall include a waste disposal container that shall be
emptied daily and stored inside at night and when the outdoor food vending activities are
not in operation. Additionally, no outdoor, open -flame char -broiling shall be permitted
pursuant to Municipal Code Section 13.08. 100, Restaurant Grills.
e) The Community Development Director shall waive affordable housing mitigation fees
associated with the temporary new net leasable square footage being created by outdoor
food vending activities.
f) The outdoor food vending activities may occur year-round. An application for an an
approval of temporary outdoor vending activities shall not constitute nor be interpreted
by any property owner, developer, vendor, or court as a site specific development plan
entitled to vesting under Article 68 of Title 24 of the Colorado Revised Statutes or
Chapter 26.308 of this Title. Approvals granted in this subsection are subject to
revocation by the City Manager or Community Development Director without requiring
prior notice.
g) An application for temporary outdoor food vending activities shall not diminish the
general public health, safety or welfare and shall abide by applicable City regulations,
including but not limited to building codes, health safety codes, fire codes, liquor laws,
sign and lighting codes, and sales tax license regulations.
5]CVk%r6 I T- A. P—
Temporary Outdoor Food Vending
Revision of Land Use Code:
(Revised Redline)
7. Temporary Food Vending. Temporary Food Vending on private property or public
property that is subject to a mall lease for food vending or outdoor restaurant seating in the
Gondola Plaza , Commercial Core (CC) or Commercial Lodge (CL) Zone Districts shall be
approved, approved with conditions or denied by the Community Development Director
based on the following criteria:
a) Location: All food vendiniz shall be located in the upper and lower Gondola Plaza,
Commercial Core (CC) or Commercial Lodge (CL) zone districts. The temporary
operation shall under no circumstance be located in or along the public right-of-way in a
manner that inhibits the movement of pedestrian or vehicular traffic. Temporary food
vending may operate in interior arcades of buildings within the Commercial Core and
Commercial Lodge zone districts only if the gpproval of the property owner and of all
businesses that have access in the arcade has been granted. Other criteria that
avylications must be in compliance with:
I . Multii3le vending sites shall not be allowed for any sinale owner or entity.
2. The food cart shall be in a consistent location as is practically reasonable and not
intended to move on a daily basis throughout the duration of the permit.
3. The food vending cart shall be placed in a location that does not interfere with
required emergency egress or pose a threat to public health, safety and welfare. A
minimum of six (6) foot ingress/egress shall be maintained for building entrances an
exits.
4. Before a food vending cart can begin overating, it must receive al)l)roval from the
oroverty owner and all adiacent businesses.
b) Duration: The temporary food vending operationshall be permitted to operate for a
period of one year, beginning Mgy 15 and ending May 14. At the end of this period, the
operation shall be subject to review by the City Clerk and the Community Development
Department. If all criteria are still met then the operator may receive a permit renewal.
c) Fee: The permit fee for a food vending cart shall be the current fee listed in Land Use
Code Section 26.104.070, Land use avylication fees.
d) Size: The area of outdoor food vending activities does not exceed fifty (50) square feet.
The area of outdoor food vending activities shall be defined as a counter area, equipment
needed for the food vending activities (e.g. cooler with drinks, snow cone machine,
popcorn machine, etc.), and the space needed by employees to work the food vending
activity.
e) Signage: Signage for temporary food vending carts shall be exempt from those
requirements found within Land Use Code Section 26.510, Signs, but not excluding
Prohibited Sikm. The total amount of si2nage shall be the lesser of fifty percent (50%)
of the surface area of the front of the cart, or six (6) sguare feet. Sign(s) shall be painted
on or affixed to the cart. Any logos, lettering, or sianage on umbrellas or canopies counts
towards this calculation. Food carts may have a sandwich board sian in accordance with
the regulations found within Chapter 26.5 10.
f) An application to the Community Development Director for temporary outdoor food
vending shall only be submitted and approved subsequent to submitting and obtaining
approval of a food service plan from the Environmental Health Department. The area of
outdoor food vending activities shall include recycling bins and a waste disposal
container that shall be emptied daily and stored inside at night and when the outdoor food
vending activities are not in operation. Additionally, no outdoor, open -flame char -
broiling shall be permitted pursuant to Municipal Code Section 13.08.100, Restaurant
Grills.
g) Affordable Housing Waiver: The Community Development Director shall waive
affordable housing mitigation fees associated with the temporary new net leasable square
footage being created by outdoor food vending activities.
h) The outdoor food vending activities may occur year-round. An application for an
approval of temporary outdoor vending activities shall not constitute nor be interpreted
by any property owner, developer, vendor, or court as a site specific development plan
entitled to vesting under Article 68 of Title 24 of the Colorado Revised Statutes or
Chapter 26.308 of this Title. Approvals granted in this subsection are subject to
revocation by the City Manager or Community Development Director without requiring
prior notice.
i) An application for temporary outdoor food vending activities shall not diminish the
general public health, safety or welfare and shall abide by applicable City regulations,
including but not limited to building codes, health safety codes, fire codes, liquor laws,
sign and lighting codes, and sales tax license regulations.
Exhibit BA
Signs on Main St. Light Posts
Revision of Land Use Code:
(Existing Language)
4. Banners and flags on Main Street light posts.
a. Purpose. Banners and flags hung from light posts on Main Street have
traditionally been permitted to celebrate very special events of community
interest. The purpose of these policies and regulations is to clarify which
events may be celebrated and advertised through the use of banners or flags
hung from the City -owned light posts on Main Street. Banners hung from
the Main Street light posts shall be permitted for significant anniversaries
beginning at the organization's tenth (10th) year of local nonprofit
organizations and for prominent local, regional, state or national events.
Prominent local, regional, state or national events shall include recurring
annual events or events that are considered significant to a large segment of
the community. The United States, Colorado, Aspen and foreign country
flags shall be permitted at the discretion of the City Manager, Mayor or City
Council.
b. Size/number/material. All proposed banners or flags should meet the Citys
specifications for size, mounting and material. Banners shall be two feet
wide and four feet high (2' x 4') to be compatible with mounting system on
the light posts. Banners and flags must be made of nylon, plastic or similar
material. Paper is not allowed.
c. Content. Banners shall only contain information identifying the event, the
date and time or a simple graphic/logo related to the event. Any commercial
advertising shall be minimized so that any commercial content is not the
most prominent information conveyed on the banner or flag and shall be
limited to no more than thirty percent (30%) of the area of the sign. The City
reserves the right to request changes to the design, color or content in order
to assist the applicant to comply with this requirement.
d. Cost/fees/procedures. The cost of installation is outlined in the current fee
schedule set forth at Chapter 2.12, Miscellaneous fee schedules, of this Code.
A refundable security deposit as outlined in the current fee schedule shall be
required to assure replacement of darnaged banners and retrieval of the
banners from the City (see Section g below for maintenance requirements).
The applicant shall be required to submit an application to the City
Manager's office showing the dimensions, design and colors of the proposed
banners or flags at least three (3) months prior to the event. Flags are
required to be delivered to the City Parks Department one (1) week prior to
the event. Banners shall be delivered to the Utility Department on Fridays at
least two (2) weeks prior to their installation.
e. Eligibility. Only applications for significant anniversaries as defined in
Subparagraph 26.510.110.B.4.a of local nonprofit organizations shall be
eligible for consideration pursuant to this policy. All other requests from
other organizations or for other types of events shall be forwarded to City
Council.
f. Duration. The display of banners and flags on the Main Street light posts
shall not exceed fourteen (14) days or the duration of the event, whichever is
less.
g. Maintenance. Prior to the placement of banners or flags on City street light
posts, the applicant shall provide to the City a number of replacement flags
or banners to be determined by the City. These replacement flags or banners
shall be used by the City to replace banners or flags that are stolen or
damaged. The cost of replacing banners or flags shall be deducted from the
security deposit. Once banners have been removed, the applicant shall be
required to pick up the banners from the City within three (3) days.
6X" 1 t'3 17- 13 - O�L
Signs on Main St. Light Posts
Revision of Land Use Code:
4. Banners and flags on Main Street light posts.
a. Purpose. Banners and flags hung from light posts on Main Street have traditionally
been vermitted to celebrate special events of communijy interest. The purpose of
these policies and regulations is to clarify which events may be celebrated and
advertised throuah the use of banners or flags hung from the City -owned light posts
on Main Street.
b. Eligibility. Banners hung from the Main Street light posts shall be permitted for
anniversaries of local nonprofit organizations beginning at the organization's tenth
(10th) year and for events that are considered relevant to a large segment of the local
community. The United States, Colorado, Aspen or foreign country flags shall be
permitted at the discretion of the Ci!y Manager.
c. Size/number/material. All proposed banners or flags should meet the City's
specifications for size, mounting and material. Banners shall be two feet wide and
four feet high (2' x 4') to be compatible with mounting system on the light posts.
Banners and flags must be made of nylon, plastic or similar material. Paper is not
allowed.
d. Content. Banners shall only contain information identifying the event, the date and
time or a simple graphic/logo related to the event. Any commercial advertising shall
be minimized so that any commercial content is not the most prominent information
conveyed on the banner or flag and shall be limited to no more than thirty percent
(30%) of the area of the sip. The City reserves the right to request changes to the
design, color or content in order to assist the applicant to comply with this
requirement.
e. Cost/fees/procedures. The cost of installation is outlined in the current fee schedule
set forth at Chapter 2.12, Miscellaneous fee schedules, of this Code. A refundable
security deposit as outlined in the current fee schedule shall be required to assure
replacement of damaged banners and retrieval of the banners from the City (see
Section g below for maintenance requirements). The applicant shall be required to
submit an application to the City Manager's office showing the dimensions, design
and colors of the proposed banners or flags at least three (3) months prior to the
event. Flags are required to be delivered to the City Parks Department one (1) week
prior to the event. Banners shall be delivered to the Utility Department on Fridays at
least two (2) weeks prior to their installation.
f. Duration. The display of banners and flags on the Main Street light posts shall not
exceed fourteen (14) days or the duration of the event, whichever is less.
g. Maintenance. Prior to the placement of banners or flags on City street light posts, the
applicant shall provide to the City a number of replacement flags or banners to be
determined by the City. These replacement flags or banners shall be used by the City
to replace banners or flags that are stolen or damaged. The cost of replacing banners
or flags shall be deducted from the security deposit. Once banners have been
removed, the applicant shall be required to pick up the banners from the City within
three (3) days.
Exhibit C.1
Public Amenity
Revision of Land Use Code:
(Existing Language)
F. Design and operational standardsfor public amenity. Public amenity, on all privately owned land
in which public amenity is required, shall comply with the following provisions and limitations:
1. Open to view. Public amenity areas shall be open to view from the street at pedestrian level,
which view need not be measured at right angles.
2. Open to s . Public amenity areas shall be open to the sky. Temporary and seasonal coverings,
such as umbrellas and retractable canopies, are permitted. Such nonpermanent structures shall not be
considered as floor area or a reduction in public amenity on the parcel.
Trellis structures shall only be permitted in conjunction with commercial restaurant uses on a
designated historic landmark or within H, Historic Overlay Zones, and must be approved pursuant to
review requirements contained in Chapter 26.415, Development Involving the Aspen Inventory of
Historic Landmark Sites and Structures or Development within an H, Historic Overlay District. Such
approved structures shall not be considered as floor area or a reduction in public space on the parcel.
3. No walls/enclosures. Public amenity areas shall not be enclosed. Temporary structures, tents, air
exchange entries, plastic canopy walls and similar devices designed to enclose the space are
prohibited, unless approved as a temporary use, pursuant to Chapter 26.450. Low fences or walls
shall only be permitted within or around the perimeter of public space if such structures shall permit
views from the street into and throughout the public space.
4. Prohibited uses. Public amenity areas shall not be used as storage areas, utility/trash service
areas, delivery areas or parking areas or contain structures of any type, except as specifically provided
for herein. Vacated rights -of -way shall be excluded from public amenity calculations.
5. Grade limitations. Required public amenity shall not be more than four (4) feet above or two (2)
feet below the existing grade of the street or sidewalk which abuts the public space, unless the public
amenity space shall follow undisturbed natural grade, in which case there shall be no limit on the
extent to which it is above or below the existing grade of the street, or if a second level public
amenity space is approved by the Commission.
6. Pedestrian links. In the event that the City shall have adopted a trail plan incorporating mid -block
pedestrian links, any required public space must, if the City shall so elect, be applied and dedicated
for such use.
7. Landscgping plan. Prior to issuance of a building permit, the Community Development Director
shall require site plans and drawings of any required public amenity area, including a landscaping
plan and a bond in a satisfactory form and amount to ensure compliance with any public amenity
requirements under this Title.
8. Maintenance of landscgping. Whenever the landscaping required herein is not maintained, the
Chief Building Official, after thirty (30) days'written notice to the owner or occupant of the property,
may revoke the certificate of occupancy until said party complies with the landscaping requirements
of this Section.
9. Commercial activity. No area of a building site designated as required public amenity space
under this Section shall be used for any commercial activity, including but not limited to the storage,
display and merchandising of goods and services; provided, however, that the prohibition of this
Paragraph shall not apply when such use is in conjunction with permitted commercial activity on an
abutting right-of-way or is otherwise permitted by the City. For outdoor food vending in the
Commercial Core District, also see Paragraph 26.470.040.B.3, Administrative growth management
review.
10. Commercial restaurant use' The provisions above notwithstanding, required public amenity
space may be used for commercial restaurant use if adequate pedestrian and emergency vehicle
access is maintained.
11. Design guideline compliance. The design of the public amenity shall meet the parameters of the
Commercial, Lodging and Historic District Design Objectives and Guidelines,
(Ord. No. 55-2000, §15; Ord. No. 1-2002, §16; Ord. No. 23-2004, §3; Ord. No. 2-2005, §2; Ord. No. 5,
2005, §2; Ord. No. 13, 2007, §2)
F -2
Public Amenity
Revision of Land Use Code:
(Redline)
F. Design and operational standardsfor public amenity. Public amenity, on all privately owned land
in which public amenity is required, shall comply with the following provisions and limitations:
1. Open to vie . Public amenity areas shall be open to view from the street at pedestrian level,
which view need not be measured at right angles.
2. Open to s . Public amenity areas shall be open to the sky. Temporary and seasonal coverings,
such as umbrellas and retractable canopies, are permitted. Such nonpermanent structures shall not be
considered as floor area or a reduction in public amenity on the parcel.
Trellis structures shall only be permitted in conjunction with commercial restaurant uses on a
designated historic landmark or within H, Historic Overlay Zones, and must be approved pursuant to
review requirements contained in Chapter 26.415, Development Involving the Aspen Inventory of
Historic Landmark Sites and Structures or Development within an K Historic Overlay District. Such
approved structures shall not be considered as floor area or a reduction in public space on the parcel.
3. No walls/enclosures' Public amenity areas shall not be enclosed. Temporary structures, tents, air
exchange entries, plastic canopy walls and similar devices designed to enclose the space are
prohibited, unless approved as a temporary use, pursuant to Chapter 26.450. Low fences or walls
shall only be permitted within or around the perimeter of public space if such structures shall permit
views from the street into and throughout the public space.
4. Prohibited uses. Public amenity areas shall not be used as storage areas, utility/trash service
areas, delivery areas or parking areas or contain structures of any type, except as specifically provided
for herein. Vacated rights -of -way shall be excluded from public amenity calculations.
5. Grade limitations. Required public amenity shall not be more than four (4) feet above or two (2)
feet below the existing grade of the street or sidewalk which abuts the public space, unless the public
amenity space shall follow undisturbed natural grade, in which case there shall be no limit on the
extent to which it is above or below the existing grade of the street, or if a second level public
amenity space is approved by the Commission.
6. Pedestrian links. In the event that the City shall have adopted a trail plan incorporating mid -block
pedestrian links, any required public space must, if the City shall so elect, be applied and dedicated
for such use.
7. Landsegping plan. Prior to issuance of a building permit, the Community Development Director
shall require site plans and drawings of any required public amenity area, including a landscaping
plan and a bond in a satisfactory form and amount to ensure compliance with any public amenity
requirements under this Title.
8. Maintenance of landscgpin . Whenever the landscaping required herein is not maintained, the
Chief Building Official, after thirty (30) days'written notice to the owner or occupant of the property,
may revoke the certificate of occupancy until said party complies with the landscaping requirements
of this Section.
9. Outdoor Merchandising on Private Propedy. Private property may be utilized for merchandising
purposes by those businesses located adjacent to and on the same parcel as the outdoor space. This
shall not grant transient sales from peddlers who are not associated with an adjacent commercial
operation. In addition, outdoor merchandising must meet the following Muirements:
a) Merchandise must be maintained, orderly and located in front of or proximate to the
storefront related to the sales.
b) The display of merchandise shall in no way inhibit the movement of pedestrian traffic along
C) The size and amount of merchandise allowed is under the discretion of the proWay owner.
d) Umbrellas, retractable canopies, and similar devices are not permitted for outdoor
merchandising. See Section 26.304.070.F.2.
e) Merchandise shall be displayed for sale with the ability for pedestrians to view the itern(s).
Outdoor areas shall not be used solely for storage.
The prohibition of storage shall be limited to merchandising on private propeny and shall not
apply to permitted commercial activity on an abutting right-of-way or otherwise permitted by
the City.
10. Outdoor Restaurant Seating on Private Property. Private Propenty may be used for commercial
restaurant use if adequate pedestrian and emergency vehicle access is maintained. Umbrellas,
retractable canopies, and similar devices are Wnnitted for commercial restaurant uses. For outdoor
food vending in the Commercial Core District, also see Paragraph 26.470.040.B.3, Administrative
growth management review.
11. Design guideline compliance. The design of the public amenity shall meet the parameters of the
Commercial, Lodging and Historic District Design Objectives and Guidelines,
(Ord. No. 55-2000, §15; Ord. No. 1-2002, §16; Ord. No. 23-2004, §3; Ord. No. 2-2005, §2; Ord. No. 5,
2005, §2; Ord. No. 13, 2007, §2)
e)(vtl 15 1 r V
City Planning & Zoninjz Meeting — Minutes — Januaa 05, 20 10
COMMENTS........................................................................... 2
MINUTES............................................................................... 3
CONFLICTS OF INTEREST ....................................................... 3
CODEAMENDMENTS ............................................................................... 10
SIGN CODE AMENDMENTS ...................................................... 8
ELECTION OF CHAIR & VICE CHAIR ........................................ 9
City Planning & Zoning Meeting — Minutes — January 05, 2010
U Erspamer opened the regular meeting in Sister Cities Meeting Room at 4:30pm.
Commissioners present were Jasmine Tygre, Michael Wampler, Cliff Weiss, Bert
Myrin, Brian Speck, Stan Gibbs, U Erspamer and Jim DeFrancia. Staff present
were Jim True, Special Counsel; Chris Bendon and Drew Alexander, Community
Development; Jackie Lothian, Deputy City Clerk.
COMMENTS
Bert Myrin distributed the holiday construction hours from the Aspen Times; he
said that it seemed to him that the construction hours were supposed to be for the
resort area and the north rooms of the Hotel Jerome were adjacent to an area that
was exempted. Myrin asked if there was a way to include the space adjacent to the
hotel which also happens to be the neighborhood that he lives in. Cliff Weiss
asked who put this in action in the first place. Chris Bendon replied City
Engineering. Myrin wanted to know why was there a carve out for this area and if
it was just an oversight was there a way to change it. Bendon encouraged Myrin to
speak with engineering.
Myrin asked about the blanks in future calendars. Chris Bendon said that April 6th
was not on the schedule but it should be a regular meeting.
Brian Speck asked where the ethical handbook came from. Jackie Lothian replied
that was from the attorney. Bert Myrin asked if there were examples that were not
in there that the attorneys had difficult times making decisions on. Jim True
replied that questions often come up about the P&Z Commissioner residing within
300 feet of an applicant; you have to leave the room. U Erspamer asked if you
could hire an attorney. Jim True said that you could have someone representing
you; it depends on the nature of the issue; you are allowed if you redevelop your
house, you can have people represent on your behalf and you may even do it
yourself, if it's your personal house. Myrin said there were certain gifts that were
appropriate in the city as home rule that are not appropriate in the state; the state
has more stringent requirements. True said that the gifts issue was a tough one, an
example that we use is that Council does accept entrance into food and wine,
which is a theoretically a valuable gift but it is felt that it serves a significant
purpose to the City to have its elected officials participating in an event of that
nature. True said that if someone is providing a gift out of the ordinary you should
be very cautious.
Stan Gibbs asked if P&Z judges an issue and we want to testify before Council if
that was allowed. True replied that he actually thinks that it is allowed; it has
happened before and someone will show up and Council will inquire as to the
position or position as a whole; he didn't think that there was a problem with that.
2
City Planning & Zoning Meeting — Minutes — January 05, 2010
Bendon said that they usually ask commissioners to clarify whether they are
commenting on behalf of the entire commission or if just as a neighbor and not on
behalf of the commission.
MINUTES
MOTION: Bert Myrin moved to approve the minutes from December 15, 2009,
seconded by Brian Speck; all infavor, APPROVED
CONFLICTS OF INTEREST
None stated.
CONTINUED PUBLIC HEARING (12/15/09):
CODE AMENDMENTS — TEMPORARY OUTDOOR FOOD VENDING,
SIGNAGE, PUBLIC AMENITY SPACE
LJ Ersparner opened the continued public on the Code Amendments. Chris
Bendon said the Main Street Sign and Banner was back on for tonight, then the
Outdoor Merchandising and lastly to start drafting amendments to the sign code.
Brian Speck said that there was neon on the whole top deck of the Dancing Bear.
Drew Alexander said the changed language was on page 13. Alexander reiterated
that Kathryn Koch has had this on her agenda for quite a while. Alexander said it
was a pretty simple change; the current purpose statement repeats what is in the
eligibility section and there was some strange language that they cleaned up as
well. Alexander said that they clarified between meetings with Jim True and there
was a recurring statement on page 11 that mentioned "recurring annual events"
was taken out and replaced with local non-profit organizations but kept the element
of "significant interest of the community". Jim True said that there was concern
for making sure that the events that use banners are important for a large segment
of the local community as opposed to various national events that may or may not
be appropriate for this community. True said it had "content neutral" to apply with
freedom of speech issues; it's as simple as if it's a local political event then you
can have a banner. Cliff Weiss said that the edibility reads that you have to be
non-profit and local; he didn't think that the X-Games were local. True said that if
it was considered significant to a large segment of the community, it applied.
Erspamer said that's what he would like to see defined. True responded that it was
hard to define and would be hard to argue that the community doesn't support the
X-Games or the Broncos but there might be other things the community might not
support and puts us in a close area addressing content but they were trying to do it
where it was constitutional but what we believe the community wants. Weiss said
it was at the discretion of the City Manager, which was interesting, True replied
3
City Planning& Zoning Meeting, —Minutes —January 05, 2010
that was for flags. Erspamer asked if something does happen and then there was a
national event that discredits that group; can the City Manager take those flags
down and refund their money at his discretion. True said there was a difference
between flags and banners; the discretion of the City Manager is for the flags
(country flags). Bendon said the flags were on public property and the sign code
addressed everything on private property. Stan Gibbs asked if it would make sense
to change the "significant to a large segment" to "just events that are considered
relevant to the community". Gibbs said that relevance was easier to define. True
said that he had no objection to the word "relevant". Weiss said that he liked
"relevant". Jim DeFrancia said that the language can't be drafted in a manner that
is so perfect but if we have a reasonable guideline that's what we are trying to do.
Myrin said the old code had significant years or anniversaries; so was the tenth and
every year after that; so if a non-profit was significant for the first 10 years then
they could put up banners up every year after but if they were not they could not;
he asked what the intent was. True replied the intent is that if you made your I oth
anniversary you can apply for your I I Ih also. True said it was written that you
could only have banners on significant anniversaries and a year or so ago there was
a request for the 5 9th anniversary because it wasn't really their 60 Ih but they were
starting their 60th early. Myrin stated that it was very nice that Kathryn Koch has
been doing this for all these years and understands the problem. Weiss said
increments of 5 years after 10 years; otherwise there were a lot of non -profits that
were 10 years old. True responded that was what it was before and some
anniversaries may not be on the 5" or I 01h for whatever reason someone was doing
something significant for it and that's why that was changed. Bendon said that
Kathryn has been taking all of the odd year issues to City Council and Council
asked why they were looking at these again; so this language will fix the issue of
odd years.
Drew Alexander explained that Outdoor Merchandising was incorporated with
Public Amenity; page 15 #9. "Commercial Activity. No area of a building site
designated as a required public amenity space under this Section shall be used for
any commercial activity, including but not limited to the storage, display and
merchandising of goods and services provided, however, that the prohibition of
this Paragraph shall not apply when such use is in conjunction with permitted
commercial activity on an abutting right-of-way or is otherwise permitted by the
City. For outdoor food vending in the Commercial Core District, also see
Paragraph 26.470.040.133, Administrative growth management review."
Alexander said this was a direct conflict with what the town was doing in response
to the code because there was plenty of outdoor merchandising going on in public
amenity space in 2009 so the direction received from Council was to make this
El
City Plannina & Zoning Meeting — Minutes — January 05, 20 10
flexible and create language that does allow it and on page 17 there was some
revised code language that adapts to that direction. "Public amenity areas may be
utilized for merchandising purposes by those businesses located adjacent to and on
the same parcel as the amenity space. This shall not grant transient sales from
peddlers who are not associated with an adjacent commercial operation. In
addition, outdoor merchandising must meet the following requirements".
Alexander said there were 5 requirements under this section: it shall be maintained,
orderly and located in front of or approximate to the storefront (20 feet back from
the right-of-way); the display of merchandise shall in no way inhibit the movement
of pedestrian traffic along the public right-of-way; the size and amount of
merchandise allowed is at the discretion of the property owner (the landlord is the
one granting the size of the close rack); umbrellas, canopies and similar devices are
not allowed for outdoor merchandising; no area of a building site is designated as
required public amenity space under section shall be used for the overnight or long
term storage of merchandise this includes an exception of the Farmer's Market.
Alexander said the final change was for outdoor restaurant seating and deleted a
large clause.
Cliff Weiss said that public amenity area may be utilized. Chris Bendon responded
that was private property but it was called public amenity space and it was not
rights -of -way such as sidewalks or streets, which were public property. Bendon
said they also may introduce a width requirement for the entrance to a building;
engineering uses 5 or 6 feet sidewalk clear space. Stan Gibbs said that egress must
be maintained through the public amenity space. Gibbs asked to what extent
outdoor merchandising was permitted on any public property. Bendon replied that
the Farmer's Market and through special event licenses; outdoor restaurant seating
in the malls in the summer was issued by CCLC. Bendon said that also through
vending licenses which go through City Council or the City Manager. Bert Myrin
asked if the bicycles outside of the HUB was on private property, public amenity
space and the bronze statues on Cooper; did they have to come in at night and he
liked the idea of things coming in at night. LJ Erspamer asked Bert if the statutes
livened up the mall area.
Drew Alexander said the definition of storage was storage for merchandise; you
can't put out merchandise in public amenity space without the ability to be able to
purchase the merchandise. Bendon said the outdoor merchandising has to be
active merchandising. Alexander summarized that under "g" merchandise needs to
be cleaned up to "no merchandise in the public right-of-way and egress for front
entrances and exits must be maintained. The commission asked what the Fire
Marshall thought about the egress.
5
City Planning & Zoning Meetinjz — Minutes — JanuM 05, 20 10
Chris Bendon asked if the commission wanted to see this language again. Bendon
said that they would revise the language in the form of a resolution and email it out
to everyone. Bendon said if there are questions they will bring them back.
Drew Alexander distributed a photo from the gondola. The third code Amendment
was for temporary outdoor food vending found in the Growth Management Section
of the Land Use Code. Alexander said that in 2009 there was a lot of interest in
this (page 7 of the memo) but just a handful of people establish their carts and
operated their businesses mainly because the rules and regulations are a little strict
and staff presented Council with the current language and staff was given
direction. The primary changes were the duration of the permit; the locations that
a food vending cart could be set up and some minor things like signage
requirements and fees. Alexander said that you were able to receive a 6 month
permit but there wasn't any discussion; you take a day off and have another 6
month permit. The locations have been expanded to include the Commercial Core
but also the Commercial Lodge and Gondola Plaza. The Commercial Lodge was a
pretty small zone district in the city within arcades at the North of Nell, Aspen
Square and the Residences. Weiss said that Gondola Plaza would not work in the
winter because skiers were coming down. Bendon said the Ski Company would
have the say if they were interested in doing this as well as adjacent businesses
approval. Gibbs said that the cart should be operated from a fixed location.
Michael Wampler asked what was keeping the retailer from charging rent; he
objected to this because these 6 month vendors could skip payment of not only rent
but also taxes. Bendon said that this had to be on private property so you have to
talk to that property owner; it's just not setting up in front another coffee shop; you
have to also obtain the approvals of the adjacent businesses. LJ Erspamer asked
what is adjacent. Bendon said on all three sides. Erspamer said "immediately
adjacent".
Weiss said under #3 there was one run-on sentence and asked if temporary use of
outdoor food vending was only by a restaurants or retailers. Alexander responded
that section was not changed in the existing language it read that just restaurants
and retailers. Weiss asked about the snow cone shop by Radio the snowboard shop
and if they were related. Alexander replied no. Weiss said that staff wanted to
limit it to a restaurant or some kind of concession of a restaurant where a retailer is
already paying for bricks and mortar and you have to be one of those 2 things or
you are not going to get a food vending license. Bendon said that when this was
done 7 or 8 years ago that was the desire and no massage chairs or something else.
Gibbs said that as a retailer you could have someone on your property that you felt
M
City Planning & Zoning Meeting — Minutes — January 05, 2010
attracted them to you and so it might be good for the retailer. Michael Wampler
replied that it would be great if the landlords felt that way. Bendon said the reason
they put that the landlords and adjacent businesses (tenants) had to approve was
because it would be between businesses and businesses and staff. The
commissioners agreed to letting the arcades allow the number of carts. Myrin
asked to include Obermeyer in the district. Jasmine Tygre said that you can't just
include part of the SCI Zone and not another part; if you open SCI again the same
issues will come up as they have over the last 15-20 years or more.
Gibbs and the commission agreed to striking by "a restaurant or retailer" just on
private property on page 9.
Alexander said that the 6 months language was taken out and created a beginning
date and an ending date and created a requirement that at the end of this period the
operation shall be subject to review by the City Clerk and Community
Development to make sure that it meets the criteria.
Alexander said that in the fee section it was made clear that the operator shall be
assessed the current fees listed in the land use code. The area includes the cart and
the area for the operator to stand.
Alexander said the size of the sign that can be installed shall be the lesser of 50%
of the surface area of the front of the cart or 6 square feet. Alexander said that
food carts in locations with no visibility along the public right-of-way shall be
allowed on sandwich board sign; so if in an arcade you could put out a sandwich
board sign. Erspamer said as long as it doesn't impede pedestrian traffic in the
right-of-way. Bendon said that they will have a discussion about the sign code in
general; independent of what we do with the sign code on sandwich boards do you
want these vending carts the ability to have sandwich boards; this will take place in
the sign code revisions.
Erspamer said if they were going to have a trash can then they should have some
form of recycling.
Myrin asked if someone wanted to create food vending on the parking lot behind
Boogie's would there be affordable housing requirements. Myrin asked if the Ute
City Restaurant put a food cart in front of their 2 new restaurants would there be
any affordable housing mitigation required. Bendon answered no to both as long
as they were in compliance within 50 square feet. Myrin said the Popcorn Wagon
should have the same rules apply as any other business because it is not on wheels,
7
City Planning & Zoning Meeting — Minutes — January 05, 20 10
there were tables, chair and a fire pit and it is a permanent business; should it not
have the same requirements as someone else who has that permanent business.
Public Comments:
1. David Schoenberger, public, said that what Bert was talking about gets into
little a dangerous area when you ask someone to provide employee housing
with only a 6 month permit.
Bendon said that there were a lot of corrections to this resolution; is the
commission okay with staff making these amendments and just do a review by
email.
MOTION: Jim DeFrancia moved to approve Resolution #001-10; seconded by
Michael Wampler. Roll call vote.- Weiss, yes; Speck, yes; Wampler, yes; Gibbs,
yes; Myrin, yes; DeFrancia, yes; Erspamer, yes; APPROVED 7-0.
Chris Bendon said that staff would like to hear if there was anything that the
commissioners would like to amend in the sign code. Bendon said that the sign
code was very inordinately complicated and a point of fi-ustration for staff was
when a business comes in and there are existing businesses with signs; there is an
aggregate sign area so the size of the new business sign depends on the size of
everyone else's sign so the new business has to go and measure the sign area.
Bendon said that staff would look at this sign code as simplified as possible.
Weiss said that the City had some pretty stringent sign code rules; no neon was
allowed. Weiss said that the City was trying to downplay garish and to some
degree some things have relaxed since the 70's when there were little signs. Myrin
said that McStorlie's sign and each letter was large and ran a 20 foot length and to
somehow address that large of a sign. Erspamer said that it would not be the width
of each letter but the length by the width of the entire sign. Alexander said that
they do draw a line around the entire sign. Bendon noted there was a difference
between window signs and store signs. Gibbs said that his question was the
difference between signs that are on the bricks and the signs in the windows.
Gibbs asked what was a window display and what was a sign. Bendon said there
was a different provision for window displays. Bendon asked the commission if
they wanted staff to look at more conservative window displays. The
commissioners except for Bert agreed with more conservative windows displays.
Myrin said that the national vendors plan those displays for the whole country and
probably plan them to meet sign codes for as many cities as they can. Gibbs said
that if they want to do business here they have to come up with a new sign here.
Weiss said it was the way McDonald's blended into this community; they had to
n.
City Planning & Zoning Meeting — Minutes — JanuaEy 05, 2010
do something unique for Aspen. Bendon asked the commissioners to look around
at window displays between now and the next sign code hearing; some are very
nice.
MOTION: Jim DeFrancia moved the public hearing on the sign code to March 2,
2010, seconded by Cliff Weiss. All infavor, APPROVED.
OTHER BUSINESS — ELECTION OF OFFICERS —
MOTION: Jim DeFrancia moved to continue with the same officers, seconded by
Bert Myrin.
MOTION: Cliff Weiss moved to nominate Stan Gibbs as chair, Bert Myrin
seconded. Secret ballot vote: Stan Gibbs, 4; LJErspamer 3. Stan Gibbs is the
new chair.
MOTION: Michael Wampler moved to nominate Lf Erspamer as vice -chair,
seconded by Bert Myrin. Jim DeFrancia nominated Cliff Weissfor vice -chair,
seconded by Bert Myrin seconded. Secret ballot vote: LJ Erspamer, 4; Cliff Weiss
3. LJ Erspamer elected as vice -chair.
Adjourned at 6:50 pm.
Jackie Lothian, Deputy City Clerk
6
�[16 �� I --::t
IDEAS FOR RETAIL VENDING
why restrict to food vending and only on private property?
1) retail vending of unique items including food brings us back to the
incubator idea that was the original Sat market.
2) While the sat market is successful, there is room for additional retail
vending ie little "kiosk" or carts in designated places both for food and
retail of specialty items
3) Do they need to be on private property? Why? There are several areas
that seem appropriate for the city to allow them, with easy access and set
up ability
- clock tower by park
-behind ACRA info booth
-on mail toward mountain and bus barn
-by water fountain
-by skate park
-after roof repaired by parking garage
4) they can rotate by the week or have summer leases, winter If it seems
appropriate as well
5) vendors should be able to show that their product is unique to Aspen
handmade candies or soaps
wind chimes made from ski poles
unusual fip flop shoes
unique handcrafted jewelry or leather
specialty foods like indian or greek
hot dog stand
cupcake cart
6) the Sat market has become so successful with it's Sat. business that the
vendors do not need to nor do they consider opening a shop
7) this concept is 7 days in summer with rotating vendors of unique
products NOT necessarily handmade or a colorado product but in
keeping with specific criteria. Let them be set up long enough to get a real
feel for operating a small business in Aspen
MEMORANDUM
TO: Mayor Ireland and Aspen City Council
FROM: Jessica Garrow, Long Range Planner
Vill t7
THRU: Jennifer Phelan, Community Development Deputy Director
RE: 1450 Crystal Lake Road — Final SPA, Final PUD, Final Timeshare,
Multi -Year Growth Management, Rezoning, and Subdivision Reviews
Second Readina, Ordinance No. 2, Series of 2010
continued from 5/10/2010
MEETING DATE: May24,2010
APPLICANT /OWNER:
Aspen Club and Spa, LLC
REPRESENTATIVE:
Sunny Vann, Vann Associates, LLC
LOCATION:
1450 Crystal Lake Road — Lot 15 of the
Callahan Subdivision
CURRENT ZONING:
RR/PUD (Rural Residential) zone district
with a Planned Unit Development (PUD)
Overlay
SUMMARY:
The Applicant requests final PUD, final
SPA, final Timeshare, Growth
Management Reviews, Stream Margin
Review, Rezoning, and Subdivision
Review in order to develop 20 timeshare
units, 12 affordable housing units, and 132
parking spaces on Lots 15 and 14A (the
existing 35 spaces on 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 approve
the project, with conditions. Photo:
Club building and location.
Aspen Club Council Second Reading — 5/24/2010
Page 1 of 10
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,
3/31/2010, & 5/10/2010) are not being attached again. Please contact Jessica Garrow if you need
an additional copy of these exhibits.
COUNCIL OUESTIONS: At the May 10th public hearing, City Council raised a number of
issues. These issues are outlined below, followed by the Applicant's response and staff
comment, as appropriate.
Club Accessibilitv Issues.
a. In past meetings, City Council expressed a desire to include language in the Ordinance
regarding the accessibility of the Club to local residents. Based on comments at the May
loll public hearing, however, Section 23 of the Ordinance, Accessibility of Club
Membership has been deleted.
2. Proaramming costs should be included in the list of re -investment items.
a. Language in the Ordinance (Section 24, Club Reinvestment) has been amended to include
Program Development costs, and Programming. The applicant has provided a list of
Riture programming envisioned for the club. This is included as Exhibit Z. 12.
What assurances are there that ownership will not change between approval and final
certificate of occup y?
a. Two Councilmen expressed concern about the continued ownership of the club
throughout construction. Based on feedback from the May 1 Od' City Council meeting, the
Applicant is looking into the feasibility of language that would require Michael Fox
continue to control 50% or more of the Aspen Club & Spa LLC until the project receives
a final certificate of occupancy. The Applicant has stated to staff that the preliminary
feedback from potential lenders has been negative. However, the Applicant is continuing
discussions with lenders and other financing sources to better understand the concerns
and to see how this requirement might impact the ability to get financing for the project.
The Applicant will be able to discuss their findings in more detail at the next city council
meeting.
b. The previous language in Section 26, Continuing Management Authority in Michael Fox,
has been deleted. Staff has not deleted the section, however, and anticipates that this
matter will be resolved at the public hearing on May 24th either by language provided by
the Applicant or by deleting the section.
4. The right to build a Single Family Residence on the propegy should be eliminated if this
Project is approved.
a. The Ordinance (Section 29, Detached Residential Development Right) has been modified,
as discussed at the May I Ofl' public hearing, to eliminate the ability to develop a single
family home.
5. Require a longer reporting period for traffic.
Aspen Club Council Second Reading — 5/24/2010
Page 2 of 10
a. Staff recommends a ten year reporting requirement for the Aspen Club. This is
consistent with the reporting requirement that is proposed for the Aspen Valley Hospital.
This reporting requirement has been incorporated into the Ordinance and TDM Plan.
b. City staff from the Transportation, Engineering, Environmental Health and Community
Development Departments have reviewed the TDM plan and recommend it remain in
place as originally written (with twice yearly traffic counts). Staff has included Exhibit
Z.5 (which requires a daily traffic study for one year) if the City Council is interested in
discussing the two different plans.
6. Mass and Scale Issues
a. At the May I Ohpublic; hearing, two Councilmen re -iterated that Mass and Scale were a
concern. The Applicant met with City staff to determine what changes could be made to
the site plan and the massing to address the concerns. The current site plan (Attached as
Exhibit Z.9) includes three masses on the lower bench containing a total of ten (10) units.
Mass I contains Units 1 — 4; Mass 2 contains Units 5 and 6; and Mass 3 contains Units 7
— 10. An outdoor exercise area is located between Mass 2 and Mass 3. A path from the
river up to the Club building and landscaping improvements are located between Mass I
and Mass 2. The distance between Mass I and Mass 2 is approximately 36 feet, and the
distance between Mass 2 and Mass 3 is approximately 39 feet. (See site plan below)
a aS�
S 3
ss 3
7
Mass2
1! 1:2
J'L S/*1 Mass I
Aspen Club Council Second Reading — 5/24/2010
Page 3 of 10
Staff asked the Applicant to evaluate a number of different massing options, including the
following listed below. The applicant has evaluated each of these options in an email
message attached as Exhibit Z.8.
Option 1: Separate Units 5 and 6 and add them to the other townhouse masses on
the lower bench. This site plan (Attached as Exhibit Z. 10) creates a larger open
area in the middle of the lower bench, and creates a clearer connection from the
Club entrance to the river. There are additional landscaping opportunities in this
option, and staff believes the programming area is improved by being surrounded
by trees and landscaping instead of by buildings. Option I results in
approximately 75 feet of space between Mass 1 and Mass 3. While this does
provide the open area staff believes is important, it does not decrease the overall
mass on the site. (see site plan below) The applicant states in their summary of
this proposal (see Exhibit Z.8) that this option is not preferred due to the visual
W7—
Aspen Club Council Second Reading — 5/24/2010
Page 4 of 10
ii. Option 2: Eliminate Units 5 and 6 from the lower bench and relocate them to the
Club building. This site plan (Attached as Exhibit Z. 11) creates a significantly
larger open area on the lower bench, as well as additional opportunities for
landscaping. It results in approximately 130 feet of space between Mass I and
Mass 3, and an increase of approximately 2,600 square feet of open area. Staff
believes this will help ensure the overall site have a better connection to the
riparian area.
However, the sloped roof on the Club building limits the area new Club units can
be placed on the building. The building as currently proposed meets the zone
district's twenty-eight (28) foot height limit. If units 5 and 6 are relocated to the
club building, the height will increase by approximately ten (10) to twelve (12)
feet for the portion of the building located at the Club's main entrance off of Ute
Avenue. Staff and the Applicant are in agreement that this height increase is not
desirable. However, staff believes the amount of open area and landscaping this
option provides is a significant improvement over the current site plan. (see site
plan below) The applicant states in their summary of this proposal (see Exhibit
Z.8) that this option is not preferred due to the visual impacts to Ute Avenue.
Mass 3
(same)
t
7,
Mass 2 (relocated
to Club building)
Mass I
(same)
Aspen Club Council Second Reading — 5/24/2010
Page 5 of 10
iii. Option 3: Incorporate Units 5 and 6 into the mass of the other townhome units on
the lower bench. The Applicant did not provide a drawing of this option, as it
requires significant re -design of the internal floor plans and circulation of units.
This option would require lengthening the buildings toward the river and toward
the garage to accommodate necessary circulation and room size. This presents a
challenge because of site constraints related to utilities. All of the utility
easements are located on the river -side of the townhome units, so the buildings
cannot encroach in that area. The easements were placed in this location after
much discussion with referral agencies (including water and sanitation), and
relocating them potentially requires an entire site re -design. Moving the buildings
closer to the grade change between the upper bench and the lower bench
eliminates some of the landscaped areas that screen the garage and the surface
parking area from the units in Mass I and from the trail. (see example below).
The Applicant states in their summary of this proposal (see Exhibit Z.8) that this
option is not viable due to the impacts to the units. Specifically, the applicant has
stated that it would result in long and narrow units that are not as livable as the
current plans.
b. After evaluating all of the alternatives, Staff prefers the site plan presented in Option 2
because of the additional landscaping and open area is creates. However, staff cannot
recommend in favor of Us option as presented because of the height increase along Ute
Avenue. Staff does not believe the height increase is consistent with the neighborhood
character. Staff would be interested to see additional information on decreasing the unit
Aspen Club Council Second Reading — 5/24/2010
Page 6 of 10
sizes on the lower bench, as proposed in Option 3. However, staff cannot be certain that
this solution is viable given the utility easement constraints on the site.
While the overall massing has not decreased in Option 1, the reconfigured site plan
provides a clear improvement to the current proposal. It maintains a building mass and
scale along Ute Avenue that complies with the site's dimensional requirements, and also
enhances the visitor experience in regards to outdoor programming and riparian visibility.
Specifically, it provides a more consolidated area of open space and an improved outdoor
programming area that is surrounded by trees and landscaping instead of by buildings.
Given the height and mass implications of Option 2 as proposed, and the unforeseen
consequences of Option 3, Option I accomplishes the recommendations made by Staff
without any additional mass and scale changes.
Overall staff has varying opinions of the different options. Staff believes that
consolidating open space areas, as proposed in Options I and 2, is a significant
improvement to the site plan and the visual connections to the riparian area.
Some staff members felt that consolidating the density into the masses on the lower
bench by reducing the unit sizes most directly addressed staff concerns about mass and
open space. Others on staff felt that moving Units 5 and 6 to the other masses, as
proposed in Option 1, was an acceptable solution.
REFERRAL AGENCY COMMENTS: The Transportation, Engineering, and Environmental
Health Departments have reviewed the transportation portion of the Ordinance and the TDM
Plan. Their comments have been incorporated.
ORDINANCE CHANGES: There have been a number of changes made to the Ordinance since
the May 10th meeting. These have been done in "track changes," so deleted text is in red
stfikethfeugh and added text is in green underline. These changes have been reviewed by the
Applicant and City Staff. The changes are summarized as:
• Section 23, Accessibility of Club Membership has been eliminated.
• Section 24, Club Reinvestment that requires at least $5 million be re -invested into the
Club Building. Programming Development and Programming have been added to the
list.
• The text in Section 26, Continuing Management Authority in Michael Fox, has been
eliminated, but the section has not been deleted. The Applicant will have draft language
for this section at the May 24h public hearing.
• Section 29, Detached Residential Development Right, eliminates the ability of the
Applicant, or any future owner of the property, to build a single family home once
approval for the project is granted.
• Addition of Exhibit E to the Ordinance. This is a place -holder to attach the approved
site plan.
Staff will review all the Ordinance changes as part of the Staff Presentation on May 24h.
Aspen Club Council Second Reading — 5/24/2010
Page 7 of 10
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 the City Council
approve the application, with conditions.
Staff recommends approval of massing Option I as proposed by the Applicant.
Work with the Community Development and Parks Departments to revise the final
landscaping plan prior to filing of the final plat.
Provide a detailed drainage plan that meets Engineering Department Standards prior to
final plat.
PROPOSED MOTION: "I move to approve Ordinance #2, Series 2010, approving Final
Specially Planned Area (SPA), Final Planned Unit Development (PUD), Final Timeshare, 124
Multi -Year Lodge Growth Management Allotments, Rezoning, and Subdivision for the Aspen
Club project."
CITY MANAGER COMMENTS:
Attachments:
Exhibits included in this nacket are bolded; all exhibits list the date they 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, 5110,
5/24)
EXHIBIT B - PUD Review Criteria, Staff Findings (provided 1/11, 2/8, 2/22, 3/8, 3/31, 5110,
5/24)
EXHIBIT C - Timeshare Review Criteria, Staff Findings (provided 1/11, 2/8, 2/22, 3/8, 3/3 1,
5/10,5/24)
EXHIBIT D - Growth Management Review Criteria, Staff Findings (provided I/ 11, 2/8, 2/22,
3/8,3/31, 5/10,5/24)
EXHIBIT E - Rezoning Review Criteria, Staff Findings (provided 1/11, 2/8, 2/22, 3/8, 3/3 1,
5/10,5/24)
EXHIBIT F - Subdivision Review Criteria, Staff Findings (provided 1/11, 2/8, 2/22, 3/8, 3/3 1,
5/10,5/24)
EXHIBIT G - DRC Comments (provided 1/11)
ExH IB IT H - Housing Comments (provided I / 11)
EXHIBIT 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)
Aspen Club Council Second Reading - 5/24/2010
Page 8 of 10
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 0 — Application (Bound) (provided 1/11)
EXHIBIT P — Application Appendix (Bound) (provided I/ 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)
EXHI131T S — Site Plans from each stage of the proposed project (provided 2/8)
EXHIBIT T — Optional site plan provided by Applicant, per City Council request (provided 2/8)
EXHIBIT U — Updated TDM Plan (provided 2/8)
EXHIBIT V — Letters from the public (provided 2/8)
EXHIBIT 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 3/8)
EXHIBIT Z. I — Letter from Michael Fox dated 3/1/2010 responding to Council questions
(provided 3/8, 3/3 1)
EXHIBIT Z.2 — Traffic Study Review conducted by Fehr & Peers on behalf of Gary Nathanson
and Citizens for Preservation of Zoning (provided 3/3 1)
EXHIBIT Z.3 — Letters from the public (provided 3/3 1)
3/31/2010 EXHIBIT ZA — Letters from the public entered at the 3/31/2010 public hearing
(provided 3/3 1)
3/31/20 10 EXHIBIT Z.5 — Proposed Ordinance changes entered at the 3/31/2010 public hearing
(provided 3/3 1)
EXHIBIT ZA — Letter from Michael Fox dated 4/28/2010 responding to Council questions
(provided 5110)
EXHIBIT Z.5 — Amended TDM Plan and Ordinance Language if AADT is to be used (provided
5110)
EXHIBIT Z.6 — Letters from the public (provided 5110)
EXHIBIT Z.7 — Letters from the public entered at the 5/10/2010 public hearing (provided 5110)
EXHIBIT Z.8 — Letter from Applicant regarding Site Plan and Massing proposals (provided
5/24)
EXHIBIT Z.9 — Current Site Plan as proposed and approved conceptually (provided 5/24)
Aspen Club Council Second Reading — 5/24/2010
Page 9 of 10
EXHIBIT Z.10 — New Site Plan - Option 1 (provided 5/24)
EXHIBIT Z.11 — New Site Plan — Option 2 with massing views (provided 5/24)
EXHIBIT Z.12 — Letter from Applicant regarding Programming (provided 5/24)
EXHIBIT Z.13 — Letters from the public (provided 5/24)
Aspen Club Council Second Reading — 5/24/2010
Page 10 of 10
ORDINANCE NO. 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.
Parcel ID: 2 73 7-181-32-019
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 5, 2008, February 19, 2008, March 4, 2008, March 18, 2008, and April 1, 2008, the
Planning and Zoning Commission approved Resolution No. 9, Series of 2008, by a Four to One (4 —
1) vote, approving Conceptual Commercial Design Review, and reconunending the Aspen City
Council approve a Conceptual PUD, Conceptual SPA, Conceptual Timeshare; and,
WHEREAS, during a duly noticed public hearing on July 14, 2008, the City Council
approved Resolution No. 65, Series of 2008, by a Four to One (4 —1) vote, approving Conceptual
PUD, Conceptual SPA, Conceptual Timeshare; and,
WHEREAS, on May 4, 2009, the Community Development Department received an
application from Aspen Club and Spa, LLC, represented by Sunny Vann of Vann Associates,
LLC requesting approval of final Specially Planned Area (SPA), final Planned Unit
Development (PUD), final Timeshare, Stream Margin, Affordable Housing Growth Management
Allotments, Multi -Year Growth Management Lodge Allotments, Rezoning, and Subdivision, to
develop a sub -grade garage, twenty (20) timeshare units and twelve (12) affordable housing
units, and to redesign existing commercial spaces; and,
Ordinance No 2, Series 20 10
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page I 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 Growth Management Allotments (112 Allotments from 2009
and 12 Allotments from 2010), and Subdivision; and,
WHEREAS, in response to concerns by the Planning and Zoning Commission and the
Community Development Department the Applicant provided a letter dated December 16, 2009
indicating that there is an "inextricable connection between the continued operation of the Aspen
Club & Spa facility and the proposed Aspen Club Living Condominiums" (the fractional units)
and that "the Club Owner will not have the ability to shut down the Club operation or to
substantially change the use of the Club Building without the express consent and approval of
the City of Aspen and, at a minimum, the Association on behalf of the Fractional Owners," and;
WHEREAS, pursuant to Section 26.310, the City Council may approve a Rezoning,
during a duly noticed public hearing after considering a recommendation from the Planning and
Zoning Commission made at a duly noticed public hearing, comments from the general public, a
recommendation from the Community Development Director, and recommendations from
relevant referral agencies; and,
WHEREAS, pursuant to Section 26.440, the City Council may approve a Final SPA,
during a duly noticed public hearing after considering a recommendation from the Planning and
Zoning Commission made at a duly noticed public hearing, comments from the general public, a
recommendation from the Community Development Director, and recommendations from
relevant referral agencies; and,
WHEREAS, pursuant to Section 26.445, the City Council may approve a Final PUD,
during a duly noticed public hearing after considering a recommendation from the Planning and
Zoning Commission made at a duly noticed public hearing, comments from the general public, a
recommendation from the Community Development Director, and recommendations from
relevant referral agencies; and,
WHEREAS, pursuant to Section 26.470, the City Council may approve Multi -Year
Growth Management Allotments, during a duly noticed public hearing after considering a
recommendation from the Planning and Zoning Commission made at a duly noticed public
hearing, comments from the general public, a recommendation from the Community
Development Director, and recommendations from relevant referral agencies; and,
WHEREAS, pursuant to Section 26.480, the City Council may approve a Subdivision,
during a duly noticed public hearing after considering a recommendation from the Planning and
Zoning Commission made at a duly noticed public hearing, comments from the general public, a
recommendation from the Community Development Director, and recommendations from
relevant referral agencies; and,
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 2 of 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 Zoning Commission made at a duly noticed public hearing, comments from the
general public, a recommendation from the Community Development Director, and
recommendations from relevant referral agencies; and,
WHEREAS, during a duly noticed public hearing on February 8, 2010 and February 22,
2010, March 8, 2010, March 31, 2010 and May 10, 2010 continued to May 24, 2010, the City
Council approved Ordinance No. 2, Series of 2010, by a _ to _ (_ —_) vote, approving
Final SPA, Final PUD, Final Timeshare, 124 Multi -Year Growth Management Lodge Pillow
Allotments, Rezoning, and Subdivision; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed
and considered the recommendation of the Planning and 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 Rirthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN AS FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
City Council hereby approves a Final Specially Planned Area (SPA), Final Planned Unit
Development (PUD), Final Timeshare, Rezoning, one -hundred and twenty-four (124) Multi -
Year Lodge Growth Management Allotments [one -hundred and twelve (112) from the 2009
Growth Management Year and twelve (12) from the 2010 Growth Management Year], and
Subdivision, subject to the following conditions.
Section 2: Subdivision/PUD/SPA Plat and Agreemen
The Applicant shall record a Subdivision/PUD/SPA agreement (hereinafter "Agreement") that
meets the requirements of Land Use Code within 180 days of approval. The 180 days shall
commence upon the granting of Final Commercial Design Review approval by the Planning and
Zoning Commission. Additionally, a final PUD/SPA/Subdivision Plat shall be recorded in the
Pitkin County Clerk and Recorder's Office within 180 days of the final Commercial Design
Approval and shall include the following:
Ordinance No 2, Series 20 10
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
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).
The final plat shall re -number the subdivided lots that were presented in the gpplication, and
referred to herein, as follows:
Lot I shall be Lot 15-A
Lot 2 shall be Lot- 15-13
Lot 3 shall be Lot 15-C
Lot 4 shall be Lot 15-D
Lot 5 shall be Lot 15-E
The Applicant shall condominiumize the timeshare units after substantial completion of the
project. The condominium plat(s) shall be reviewed administratively. The Agreement shall
require recordation of a condominium plat prior to issuance of a Certificate of Occupancy.
Section 3: Timeshare Documents
The Applicant shall record a Timeshare Disclosure Statement and Development Instruments
concurrently with the Condominium Plat and Declaration. The documents shall meet all
requirements outlined in section 26.590 of the Land Use Code.
Section 4: Dimensional Reguirements
The approved dimensional requirements are based off the following standardization: all front yard
setbacks are the south side of the lots, all the rear yard setbacks are on the north side of the lots, and
all side yard setbacks are the east and west sides of the lots.
RR
Dimensional
Proposed Dimensional Requirements for subdivided lots
Requirement
Lot 1:
161,251 sq. ft.
Minimum Lot
Lot 2:
N/A
Lot 3:
11,482 sq. ft.
Size
Lot 4:
31,169 sq. ft.
Lot 5:
11,332 sq. ft.
Ordinance No 2, Series 20 10
Aspen Club PUD/SPA/Thneshare/Growth ManagementISubdivision
Page 4 of 19
RR
Dimensional
Proposed Dimensional Requirements for subdivided lots
Requirement
Minimum Lot
Area per
N/A
dwelling unit
Lot 1: 277 Feet
Minimum Lot
Lot 2: N/A
Width
Lot 3: 135 Feet
Lot 4: 266 Feet
Lot 5: 95 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 1: 60 feet above grade for building, 20 feet above grade
Minimum Side
for garage access stair, 5 feet below grade
Yard Setback
Lot 2: N/A
(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
Club Units (Lot 2): 28 feet
Maximum
Affordable Housing Units (Lot 5): 28 feet with the
Height
following exceptions:
Unit 11, Northwest Comer: 32 feet
Unit 12, Northwest Comer: 41 feet
Unit 12, Southwest Comer: 31.25 feet
Aspen Club Building (Lot 1): 28 feet
Minimum %
Open Space I
N/A
Ordinance No 2, Series 20 10
Aspen Club PUD/SPA/Tirneshare/Growth Management/Subdivision
Page 5 of 19
RR
Dimensional Proposed Dimensional Requirements for subdivided lots
Total FAR: .55:1
Total: 94,750 sq. ft.
Allowable Multi -family (affordable housing units): 12,390 sq. ft.
Floor Area Lodge: 50,490 sq. ft. (Townhouse Units: 34,410 sq. ft.; Club
Units: 16,080 sq. ft.)
Commercial (Club): 31,870 sq. ft.
132 spaces total:
Minimum Off- Lodge: 20 spaces
Street Parking Aspen Club and Spa: 95 spaces (60 spaces on Lot 1; 35
spaces on Lots 14A & 14W)
AH units: 17 spaces
Section 5: Financial Assurances - Performance Bond
(a) The Applicant commits and agrees that before a Building Permit is issued for the
Aspen Club Living development approved by this Ordinance, the Applicant shall provide to the
City Building Department and the City Attorney for review and approval satisfactory evidence
that the Applicant has in place sufficient financing to accomplish and complete the construction
of the development, including all public improvements as defined in Section 28 herein and
covered by the Building Permit, all public improvements required under the
Subdivision/PUD/SPA Agreement, and the Aspen Club & Spa upgrades provided for in Section
24. Such financing may include, without limitation, a construction loan from an institutional
lender or lenders and equity capital investments from the Applicant and/or third party investors.
(b) Supporting cost estimates for all improvements covered by the requested Building
Permit shall be prepared by the Applicant's General Contractor and shall be delivered to the City
Building Department for review and approval before the Building Permit is issued.
(c) The Applicant furthcr commits and agrees that before a Building Permit is issued
for the Aspen Club Living development approved by this Ordinance, the Applicant shall provide
to the City Building Department and the City Attomey for review and approval a copy of a
Performance Bond issued or committed to be issued to the Applicant's General Contractor by an
institutional surety company pursuant to which the surety agrees to provide the funds necessary
to complete the construction of the improvements covered by the Building Permit, all public
improvements required under the Subdivision/PUD/SPA Agreement, and described in Section 28
herein. The Performance Bond shall name the Applicant and the City of Aspen as additional
beneficiaries or insureds thereunder to grant to either or both of them a direct right of action
under the Performance Bond in order to construct or finish public improvements, and to
complete the construction of the improvement covered by the Buildign Permit.
Section 6: Pre -Construction Meetin
The Applicant shall conduct a pre -construction meeting with the City Community Development
Staff prior to submittal for a building permit application. This meeting shall include the general
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 6 of 19
contractor, the architect producing the construction drawings, a representative of the Building
Department, a representative of the Engineering Department, and the Community Development
Department's case planner.
Section 7: Commercial Desian Review
The Applicant shall submit an application for final Commercial Design Review within one (1)
year of the date of final SPA/PUD approval. The Applicant is required to receive final
Commercial Design Review prior to submission of a building permit.
Section 8: Building Permit Application
The Applicant shall meet all adopted building codes and requirements in effect at the time the
building permit is submitted. Accessible routes to any public right-of-way and accessible parking
spaces will be required. The proposed project will be subject 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 Development Order issued by the Community Development Department
(see Section 26.304.075(A)(2), City of Aspen Municipal Code.)
b. A copy of the final City Council Ordinance and P&Z Resolution.
c. A copy of the final Commercial Design Review approval
d. The conditions of approval printed on the cover page of the building permit set.
e. A means of egress plan.
f. An overall access plan for the site.
g. If the Club is intending to operate while under construction, a plan to maintain exits and
separation from construction activity will be required.
h. The TDM Plan and the Traffic Study on which it's based.
i. A detailed Lighting Plan.
j. A plan showing protection of the stream margin area and the stability of the hillside
above the trail.
Section 9: Eneineerin
The Applicant's design shall be compliant with all sections of the City of Aspen Municipal
Code, Title 21 and all construction and excavation standards published by the Engineering
Department. The Applicant shall be subject to the Stormwater System Development Fee. The
final drainage plan shall meet all Engineering Department standards. The application has been
shall be referred to the Colorado Geologic Survey for their review on the geologic hazards to the
site. This information shall be provided as part of the building permit submittal.
The construction management plan shall address construction while the Club remains open, and
shall address how all construction activities will not impact all trees that are remaining on the
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.
Ordinance No 2, Series 20 10
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 7 of 19
Section 10: Ute Trail Improvements
The Applicant A*41--has agreed to contribute to the completion of the Ute Trail hasted an the
Rd2q.4P.AA, Stgndgrds 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.I.) starting in 2009.
Prior to both the contribution and the building permit issuance the Applicant will need to provide
the City of Aspen a Bond or Letter of Credit in the amount of $70,000. This bond will be
released once the contribution is received. If the contribution is not made as described above the
bond or letter of credit will be executed by the City of Aspen.
Section 11: Ute Ave Iravrovements
The Applicant agrees to improve the Cul de sac at Ute Ave to accommodate a 100 foot diameter
while maintaining the center island. Sheet I of 1 of plans dated 6/30/2009 shows conceptually
how this will be achieved. These plans are attached to the Ordinance as Exhibit D.
The Applicant agrees to install two speed tables along Ute avenue. 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 Housin
The Applicant shall provide twelve (12) on -site affordable housing units. Three (3) units of 850
sq. ft. of net livable area shall be deed restricted to a Category 2, five (5) units of 950 sq. ft. of
net livable area shall be deed restricted to a Category 3, and four (4) units of 950 sq. ft. of net
livable area shall be deed restricted to a Category 4. The Applicant shall record a deed
restriction on each of the twelve (12) affordable housing units in conjunction with filing a
condominium plat for the property and prior to issuance of a Certificate of Occupancy (CO) on
the affordable housing units. The Certificate of Occupancy for the affordable housing units shall
be issued prior to or at the same time as the proposed timeshare units.
The affordable housing units shall be owned and managed by the Aspen Club and Spa. More
detailed information regarding the management and maintenance of the units shall be provided to
APCHA with the proposed deed restriction prior to CO.
The owner shall have the right to rent the units to qualified employees of the Club. If the owner
cannot provide a qualified tenant, the units shall be rented through APCHA's normal advertising
process. At no time shall the tenancy of the units during a lease period be tied to continued
employment by the owner. Tenant leases, however, may be terminated for cause or at the end of
the lease period upon termination of employment.
Ordinance No 2, Series 20 10
Aspen Club PUD/SPAfrhneshare/Growth Management/Subdivision
Page 8 of 19
Each tenant in the rental units shall be required to be requalified by APCHA on a yearly basis.
The owner shall convey an undivided 1/10fl' of 1% ownership interest in the lot on which the units
are situated to APCHA. The APCHA ownership interest shall be in perpetuity or until such time
as the units are converted to ownership units, or the statutory restriction on rent control units is
eliminated.
The deed restriction shall allow the units to become ownership units at such time as the owner (the
Aspen Club and Spa) elects to condominiumize and sell the units, or at such time as APCHA
determines one or more units are found to be out of compliance with APCHA Guidelines for one
year. If any of the units are found to be out of compliance for one year, or the owner elects to sell
the units, the units shall be listed for sale with APCHA at the categories specified in the deed
restriction. The sales price shall be as stated in the APCHA Guidelines in effect at the time of
recordation of the deed restriction plus appreciation calculated at three percent (3%) per annurn 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 1/3d of
the initial buyers provided they qualify under APCHA's top priority for the unit.
If the owner elects to sell the units, or they are required to be sold due to noncompliance, owner
shall condorniniumize 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.
The affordable housing commitment made by the Applicant pursuant to this Section represents in
part a voluntary negotiated agreement between the Applicant and the City which has been
proposed by the Applicant as a public benefit in connection with the Aspen Club development
approved by this Ordinance.
Section 13: Fire Mitigatio
All codes adopted by the Aspen Fire Protection District at the time of building permit submittal
shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003
Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section
903 and 907).
The Applicant shall provide an overall access plan for the site with the building permit submittal.
The subgrade garage shall have adequate fire access. This shall be reviewed and approved by
the Fire Marshall.
The proposed lawn pavers shall be engineered to support fire truck loads.
Ordinance No 2, Series 20 10
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 9 of 19
Fire sprinklers and alarms are required and shall be included in the project, including in all
structures.
Section 14: Public Works
The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and
with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of die
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 111B 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 Dishict Requirements
Since there is an existing Aspen Consolidated Sanitation District owned and maintained main
sanitary sewer line currently running through the proposed development, the proposed relocation
of this main ACSD sanitary sewer line must be approved by the District's consulting engineer
and board of directors prior to the district committing to serve this application. The district will
require a written verification from the Applicant that the revised sanitary sewer service for the
Silver Lining Ranch is acceptable to the current owners of the Silver Lining Ranch property.
Since it is apparent at this level of approval that the district's main sanitary sewer lines will be
modified to serve the new proposed development, a line relocation request and collection system
agreement are required. Both are ACSD Board of Director's action items. New easements will
be required for the sanitary relocation according to standard district form. Additional access and
maintenance easements may be required depending on the final sanitary sewer utility plans.
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
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 10 of 19
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 Lightin
All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to
Land Use Code Section 26.575.150, Outdoor lighting. No exterior lighting shall be permitted in
the stream margin area (fifteen (15) foot setback area from top of slope) or in any area below the
top of slope line (toward the river) unless it is in the exact location of the existing lighting and
requires no additional disturbance to the stream margin area. This shall be verified at time of
building permit submittal.
Section 18: Transportation
The Applicant shall comply with all aspects of the Transportation Demand Management (TDM)
plan attached to this Ordinance (Exhibit A). The TDM Plan and the TDA Traffic Study
(attached as Exhibit B) shall be recorded as part of The Agreement.
The Applicant may update the traffic counts and TDM Plan prior to building permit submittal.
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.
Any updated traffic counts shall take place in the I" two weeks of March and the I't two weeks
of August.
The Applicant shall conduct a meeting to review the Transportation Demand Management Plan
with the City Staff prior to submittal for a building permit application. This meeting shall
include the Applicant, a representative of the Transportation Department, a representative of the
Engineering Department, a representative of the Environmental Health Department, and the
Community Development Department's case planner.
The Applicant has committed to zero growth in traffic above today's levels, as outlined the TDM
Plan and Traffic Study. The Applicant shall be required to provide yearly Reports to the City for
a period of fiv&qen (10) years from the date of Certificate of Occupancy for the Timeshare
Units and Affordable Housing units. For each year the Club does not meet the goal, the annual
reporting obligation shall be extended by one year.
If the Club does not meet the zero growth goal for two (2) years in a row, they shall be required
to pay one-half (1/2) the Annual cost of operating the Cross -Town Shuttle (at the rate in effect at
that time), and institute paid parking at the Club until they can show they have met the zero
growth goal in some other way, as approved by the Transportation, Engineering, Environmental
Health, and Community Development Departments.
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page I I of 19
Section 19: Parks
Building permit plans shall include a detailed plan submitted for stream margin protection and
stability of the hillside above the trail. The detailed plan shall identify the location of silt fencing
and erosion control along the hillside. The City can provide specifications if needed: minimum
requirements include a silt fence and straw bales placed in a manner preventing erosion and
protect the river from residual run-off. All of these detailed at the 15' set back from top of
slope.
Building permit plans shall include a detailed plan submitted for Construction staging. This plan
shall detail how the construction will take place with staging, storage of materials and locations
of vehicles so that trees remaining on site will not be impacted and remain protected.
Building permit plans shall include a detailed plan submitted for Tree Protection. Tree protection
fences must be in place and inspected by the city forester or his/her designee before any
construction activities are to commence. No excavation, storage of materials, storage of
construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of
any tree on site. There should be a location and standard for this fencing denoted on the plan.
An approved tree permit is required before submission of the building permit set. Proper spacing
and a detailed legend for new plantings and plantings around existing trees shall be reviewed by
the Parks Department at building permit submittal. Tbis 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 track traffic, foot traffic, storage or materials.
The Applicant will be subject to the Parks Development Impact Fee in place at the time of Building
Permit submittal.
Section 20: Parkine
No parking is approved for Ute Ave or in the cul-de-sac.
Section 21: School Lands Dedication
The Applicant will be subject to the School Lands Dedication cash -in -lieu in place at the time of
Building Permit submittal.
Section 22: Enem Commitment
(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
Ordinance No 2, Series 20 10
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 12 of 19
Engineering Group and summarized in a written report dated November 24, 2008, a copy of
which report is attached as Exhibit C to the Ordinance. The energy consumption reflected in that
report averaged 18,600 million Btu/year over the subject three year period (the "Baseline
Average"). The Club Owner ("Club Owner" for purposes of this Ordinance and the Agreement
shall mean the record owner from time to time of Lot 1, Aspen Club Living
Subdivision/PUD/SPA) hereby commits and agrees that following the redevelopment of the
Property pursuant to the approvals granted in this Ordinance, the average annual energy
consumption of all uses of the Property (including the Club, the Timeshare Units, and the
Affordable Housing Units) will not exceed the Baseline Average.
(b) The Club Owner commits and agrees that the Building Permit Application for the
Aspen Club Living development approved by this Ordinance (including the Aspen Club & Spa
facility upgrades discussed in Section 24 below) shall include the installation of such energy
conservation mechanical components (including upgrades to existing systems) as may be
designed and recommended by Resource Engineering Group, or other qualified engineering firm,
in order to achieve the energy consumption Baseline Average for all anticipated uses of the
Property (including the Club, the Timeshare Units, and the Affordable Housing Units). The
specifications and recommendations provided by Resource Engineering Group shall be reviewed
and approved by the City Building Department and the Canary Initiative staff before the
Building Permit is issued.
(c) Pursuant to Section 5 of this Ordinance (Financial Assurances), the Club Owner is
also committing to provide the City with a copy of a Performance Bond on the project prior to
the issuance of a Building Permit therefore. The Performance Bond shall also cover the
installation of the energy consumption mechanical components (including upgrades to existing
systems) that are incorporated in the approved Building Permit.
(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 $ 100,000.00 and shall provide the City with evidence
of such deposit. During the ensuing one year period, the Club Owner shall make a good faith
effort to bring the Property's energy consumption into compliance with the Baseline Average.
Ordinance No 2, Series 20 10
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 13 of 19
(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 Group or
other qualified engineering firm perform a complete energy audit covering all uses of the
Property during the preceding three year period and averaging the energy consumption of the
Property over said three year period. If such audit concludes that the energy consumed during
said three year period exceeds the Baseline Average, the Club Owner shall have Resource
Engineering Group or other qualified engineering firm perform an updated evaluation of the
energy systems (and the operation thereof) on the Property and the Club Owner shall have the
year following the date 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 firm in
order to achieve the promised Baseline Average. The Club Owner shall have the right to draw
funds from the Escrow Account to pay for such remediation efforts.
(g) Similar audits will be performed four years and five years, respectively, following
the date of issuance of the final Certificate of Occupancy for the Aspen Club Living project, in
each instance covering the preceding three year period and averaging the energy consumption of
the Property over said three year period. If either of said audits reflects a non-compliance with
the Baseline Average, then the Club Owner shall continue its good faith efforts to upgrade the
energy consumption on the Property pursuant to the previous recommendations of the
engineering firm and shall have the right to draw funds from the Escrow Account to pay for such
remediation efforts.
(h) If said fifth year audit determines that the energy consumption on the Property
does not exceed the Baseline Average, the Escrow Account shall be closed and all remaining
ftmds 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.
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Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 14 of 19
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Section 234: Club Reinvestment
(a) The Club Owner hereby commits and agrees that prior to the issuance of a final
Certificate of Occupancy for the Aspen Club Living development approved by this Ordinance,
the Club Owner will spend a minimum of $5,000,000 in upgrades to the existing Aspen Club &
Spa facility. Improvements are anticipated to include, but not be limited to:
• Program Development
• Programming
• structural improvements
throughout Club
• new entryway
• underground parking
• safer access to Club
• upgraded HVAC system
• new heating and cooling control
systems
• clean energy initiatives such as
geothermal and solar
• upgraded insulation
• fix snowmelt
• refurbished cardio room
• new weights in weight room
• new cardio equipment in cardio
area
• painting
• performance center
• yoga studio
• new spinning bikes
• new power tap equipment
• swimming pool
• lockers in men's and women's
locker room
• steam room in men's and
women's locker room
• sauna in men's and women's
locker room
• retiling and regrouting in wet
areas of locker rooms
• updated spa rooms
• massage tables
• new carpeting throughout Club
• new furniture in reception area
• new patio furniture and
umbrellas on outdoor deck
• update salon
• salon furniture and fixtures
• phone system
• repair roof
• employee lounge furniture
• TRX System
• entrance to Yoga Studio
• cord coverings on Cardio Deck
• TVs
• spa entrance area
• signage
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 15 of 19
• replace steam units redesign retail space
• equipment in spa
(b) Upon substantial completion of the upgrades to the Aspen Club & Spa facility, the Club
Owner shall provide to the Community Development Department a summary of the costs and
expenses incurred by the Club Owner in accomplishing the upgrades, which cost summary shall
be reviewed and approved by the Community Development Department. The Club Owner shall
specifically explain all costs related to improving the snowmelt system, upgrading insulation,
clean energy initiatives, heating and cooling systems, improved HVAC systems, safe access to
the Club, underground parking, a new entryway, and structural improvements.
(c) A final Certificate of Occupancy shall not be issued for the Aspen Club Living
development project approved by this Ordinance until the Community Development Department
is satisfied that the Club Owner has expended a minimum of $5,000,000 in connection with the
upgrades to the Aspen Club & Spa facility.
Section 245: Reporting Requirements
The Club Owner shall be subject to a number of reporting requirements, as indentified herein. All
reporting requirements shall, to the extent possible, be compiled into one report that goes to the City
Community Development Department. This report shall include:
The traffic and TDM reporting and audit procedures as specifically outlined in Section 18
and Exhibit A to this Ordinance.
A yeafly aiidit, fellevAng Ceftifieate of Oeettpaney, of Club Memberships and t
pereentage of "loeal" memberships, as speeifieall), outlined in Seetieft 23.
The reporting and audit procedures as specifically outlined in Section 22.
Any items required to go to other City Departments by other sections of this ordinance shall be sent
directly to those Departments by the Club Owner.
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Ordinance No 2, Series 20 10
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 16 of 19
Section 267: Site Protection Fand
The Club Owner hereby commits and agrees that before a Building Permit is issued for the
Aspen Club Living development approved by this Ordinance (the 'Project'), the Club Owner will
deposit with Pitkin County Title, Inc. ("Escrow Agent") the sum of $100,000 in the form of cash
or wired flinds (the "Escrow Funds") and will execute an Escrow Agreement and Instructions
with the Escrow Agent which recites and agrees as follows:
In the event construction work on the Project shall cease for sixty (60) days or longer ('work
stoppage') prior to a final inspection by the City of the work authorized by the
Foundation/Structural Frame Permit on the Project, then the City in its discretion may draw upon
the Escrow Funds from time to time as needed for purposes of protecting and securing the
Project site and improvements from damage by the elements and/or from trespass by
unauthorized persons, and for purposes of improving the Project site to a safe condition such that
it does not become an attractive nuisance or otherwise pose a threat to neighbors or other
persons.
The Escrow Funds or any remaining balance thereof shall be returned to Club Owner upon
completion by the City of a final inspection of the work authorized by the Foundation/Structural
Frame Permit on the Project.
The City shall be a named third party beneficiary of the Escrow Agreement with the express
right and authority to enforce the same from time to time.
Section 278: Public Immovements
A Certificate of Occupancy (CO) or a Conditional Certificate of Occupancy (CCO) shall not be
issued for the project until all public improvements have been completed.
The public improvements shall include, but are not necessarily limited to, the trail improvements
set forth at § § 10 & 11 herein, the affordable housing described in § 12 herein, compliance with
the public works requirements set forth at §14 herein, the sanitation district requirements set
forth at § 15 herein, the parks plans referenced in § 19 herein, the school land dedication
requirement set forth at § 21 herein, the energy commitment spelled out in § 22 herein, and the
club reinvestment obligation described in § 24 herein.
Section 289: Detached Residential Development Righ
Upen issumee of t-he Geftifieate of 066"Paney (GO) far the Timpshafe Unitq and .4-44�qrdable
Housing t— right to build detached residential dwellings on the property (Lot 15 of the
Callahan Subdivision/PUD, and as subdivided herein) sha4-b�iLhereby terminated.
Section 2930: 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.
Ordinance No 2, Series 20 10
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 17 of 19
No later than fourteen (14) days following the final approval of all requisite reviews necessary to
obtain a Development Order as set forth in this ordinance, the City Clerk shall cause to be
published in a newspaper of general circulation within the jurisdictional boundaries of the City of
Aspen, a notice advising the general public of the approval of a site specific development plan
and creation of a vested property right pursuant to this Title. Such notice shall be substantially in
the following form:
Notice is hereby given to the general public of the approval of a vested property right,
pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado
Revised Statutes, pertaining to the following described property: 1450 Crystal Lake Road.,
City of Aspen, CO, by Ordinance No. 2 Series of 2010, of the Aspen City Council.
Section 30-1:
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.
The following representations have been made by the Applicant and shall be memorialized in the
Agreement:
(i) Applicant shall continue to operate the Club facility as a recreation club
for so long as the timeshare condominium form of ownership remains an
approved use on the Property;
(ii) Memberships in the Club shall continue to be made available to the
general public and to Fractional Interest Owners in the Aspen Club Living
Condominiums for so long as the timeshare condominium form of
ownership remains an approved use of the Property.
(iii) The Declaration of Condominium for Aspen Club Living Condominiums
shall provide that the Fractional Interest Owners have no right or authority
to terminate or otherwise restrict the operation of the Club facility.
It is expressly understood that in the event the timeshare condominium approvals set
forth in this Ordinance shall be vacated in future with the consent of the City,
representations (i) through (iii) shall be considered vacated as well.
Section 312:
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 323:
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Tiineshare/Growth Management/Subdivision
Page 18 of 19
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 334:
A public hearing on this ordinance shall be held on the 8h day of February, 2010, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall
be published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the I I'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:
City Attorney
Michael C. Ireland, Mayor
Attachments
Exhibit A: Approved TDM Plan
Exhibit B: TDA Traffic Study
Exhibit C: Energy Baseline Report by Resource Engineering Group
Exhibit D: Conceptual Cul-de-sac Improvements
Exhibit E: Approved Site Plan
Ordinance No 2, Series 20 10
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
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 610 average daily trips,
54 average AM peak trips, and 64 average PM peak trips. 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 Club 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 0 Aspen Club Living owners
Employees living on -site in Aspen
Club affordable housing
0 Club members
0 Club guests
Ordinance No 2, Series 2010, Exhibit A
Aspen Club TDM Plan
Page I of I I
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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
Schedule
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.
a. This service will be provided half-hourly from 7 AM to 9 PM every day during the peak
summer and winter seasons. (Peak summer season is defined as Food and Wine
Weekend — Labor Day; Peak winter season is defined as December 15th — the Close of
the Ski Mountains.) These hours may be increased or decreased depending on actual
demand experience, but will not be less 13 round trips daily operating at approximately
the morning (8-9:30am), mid -day (12-1:30pm) and evening (4-6:00pm) peak hours, on
the half hour and the hour.
b. During shoulder seasons and before 7 AM and after 9 PM, there will be scheduled service
that at a minimum remain within those trip numbers outlined above unless agreed
otherwise with the Transportation department. A reduced service schedule in the off-
season may be appropriate.
c. Without the minimum level of service in place described above, the Club will be required
to contribute a fee equal to 13 trips per day to the operation of the Cross Town Shuttle.
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 3 of I I
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. If this arrangement is selected, a detailed on -demand
shuttle plan must be approved by Transportation staff no later than six months prior to the issuance of a
Certificate of Occupancy.
ON -DEMAND ASPEN CLUB SHUTTLE
The Aspen Club will provide an on -demand shuttle service to serve guests traveling to/from the airport
and other areas not served by the fixed route service.
Details
Schedule
a. Shuttle vehicles will be reduced emissions or zero -emission.
b. On -demand service will be free and available to Club members, owners and guests.
c. On -demand service is meant to serve as a backup to fixed route service and will not
replace fixed route service during peak summer and winter.
d. On -demand service may replace fixed route service during off seasons.
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 20 10
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
the Transportation Department.
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivis ion
Page 5 of I I
Ordinance 2, Series 2010
Exhibit A
CARPOOL PARKING
Preferential carpool parking spaces will be provided for carpooling employees. A minimum of 3 carpool
spaces will be provided and located in the parking area on Lots 14A & 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.
'N"091" 0017.1911401t]
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 Management/Subdivision
Page 6 of I 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 after the date of issuance of Certificate of Occupancy.
Program must be marketed to employees, with marketing measures to be provided to Transportation no
later than six months after the date of issuance of Certificate of Occupancy. Measure to remain in place in
perpetuity unless approved for discontinuance by the Transportation Department.
EMERGENCY RIDE HOME PROGRAM
As a member of TOP, the Aspen Club will work with the City in implementing an Emergency Ride Home
Program for employees who take the bus to work, but for one reason or another (e.g. sick child) need to
get home in a hurry. This will give employees a sense of comfort that they can take the Bus into town but
get home quickly if they need to.
Details
The Aspen Club will be responsible for any trips taken beyond the TOP program's budgeted limit
each year.
Phasing
This measure is currently in place. Measure to remain in place in perpetuity unless approved for
discontinuance by the Transportation Department.
Ordinance No 2, Series 20 10
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 7 of I I
Ordinance 2, Series 20 10
Exhibit A
MEMBER INCENTIVE PROGRAM
The Aspen Club will create an incentive system for members who walk, ride their bikes or take either our
shuttle or the Cross Town Shuttle to and from the Club.
Details
a. Information on this incentive system will be provided in membership materials.
b. Members will have a punch card system to track their use of alternative transportation.
c. Incentives will potentially consisting of gift cards, prize drawings or end of season raffles
for prizes and rewards
Phasing
Program must be in place no later than six months after the date of issuance of Certificate of Occupancy.
Measure to remain in place in perpetuity unless approved for discontinuance by the Transportation
Department.
HOUSING PREFERENCE
Preference for access to On -Site Affordable Housing would be given to employees who agree not to park
a car at the Aspen Club. The Club will also develop move -in packets that will provide information on all
alternative transportation programs provided in Aspen.
Phasing
Program to be in place before first tenants move in and to remain in place for future tenants.
CAR RENTAL DISCOUNT
Arrangements will be made with a local car rental company for discounted car rentals.
Details
a. The Club will arrange for discounted car rentals for our employees who live on -site as
well as for Aspen Club Living owners.
b. Trips will be charged at the negotiated discounted car rental rates.
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 8 of I I
Ordinance 2, Series 2010
Exhibit A
BICYCLE FLEET
Shared bicycles will be available for employees as well as tenants of employee housing and Aspen Club
Living owners.
Details
a. A minimum of four bicycles will be available at program outset.
b. Bicycles will be maintained by the Club's maintenance staff.
c. A check out / check in system such as using electronic ID card will be implemented for
Use.
d. The program may expand as needed based on usage.
Pbasing
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
Exhibit 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:
I . 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
"UNT"I"t WV
The effectiveness of the program will be measured in several ways:
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 for a two week period in March and a two week period in August
annually in the same manner as the current TDA Report, using an Engineering/Transportation
firm or using standard traffic counting devices. A Report shall be provided to the Transportation,
Engineering, Community Development, and Environmental Health Departments by October I
annually for 4vc-Lan 10)
L_ -years after the project receives a CO. The report must indicate both
daily and hourly traffic counts. The Report shall also include the status of required TDM
program components. For each year the Club does not meet the zero growth goal, the annual
reporting obligation shall be extended by one year. If staff reviews the report and finds it is not in
compliance with the TDM Measures or does not include the required reporting information, the
issue(s) shall be brought to City Council for discussion and action if needed.
2. Survey of above target groups to ensure their knowledge of and participation in the programs.
Annual surveys must be pre -approved by the Transportation Department.
3. Results will be summarized in Memorandum form complete with tabulations and charts so that
year-to-year trends are readily apparent.
4. The Transportation Department may require interim check -ins as necessary.
Ordinance No 2, Series 20 10
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 10 of I I
Ordinance 2, Series 20 10
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 (610 trips per day, 54 AM peak trips per hour,
and 64 PM peak trips per hour), then the Applicant shall also be required to update the TDM Plan. This
update must be conducted prior to submission for a building permit, and must be reviewed by the
Transportation, Engineering, Environmental 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, Engineering, Environmental Health, and
Community Development Departments that shall include, but is not limited to, 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
• converting parking spaces to carpool only spaces
• other measures as approved by the Departments listed above
If the Club does not meet the zero growth goal for two (2) years in a row, they shall be required
to pay one-half (1/2) the Annual cost of operating the Cross -Town Shuttle (at the rate in effect at
that time), and institute paid parking at the Club until they can show they have met the zero
growth goal in some other way, as approved by the Transportation, Engineering, Environmental
Health, and Community Development Departments.
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page I I of I I
cWtnance E�Wif 16
Aspen Club Living
Traffic Impact Study
Preparedfor:
Aspen Club & Spa, LLC
Aspen, CO
Prepai-ed by
TDAColorado, Inc.
900 E, Louisiana Ave. #100
Denver, CO 60210
tda(ZZtdPw19rado.wM
Under the direction of
DAMD 0. LEAHY, P.E.
August 4, 2009
Club Living
npact Study
TABLE OF CONTENTS
INTRODUCTION............. ..................... I ..................... ....................... ... I ...... ... I... ... I
EXISTINGCONDITIONS ...................... ... I .... I I-. ......................................................
3
TrafficVolumes ............................................ .....................................................................................
3
PublicTransportation ................................................................................. ......................................
4
Pedestrian, Bicycle and Equestrian Transportation ............................................................................
5
TrafficControls ..................................................................................................................................
5
Turning Movement and Daily Volumes .............................................................................................
5
PROJECTDESCRIPTION ......................................................... ..........................................................
7
FUTURE BACKGROUND CONDITIONS ............................................ I ............ I .............................
9
FUTUREPROJECT TRIPS ........................................................................ ......................................
— 9
TripGeneration, Standard ................................................................................ ...................... ..........
9
TripDistribution ..............................................................................................................................
10
TRANSPORTATION DEMAND MANAGEMENT PLAN ...........................................................
13
Phasingof Measures ..........................................................................................................................
17
MonitoringProgram ....... ................................................................................................................
17
Trip Reduction with Proposed Management Actions ......................................................................
18
ENVISIONED UTE AVENUE SAFETY PROGRAM .....................................................................
20
PARKING REQUIREMENTS & SUPPLY ............................................................... ........................
22
QUALITY AND LEVEL OF SERVICE .............................................................................................
22
SUMMARY & RECOMMEMDATIONS ................................................................................ .........
24
APPENDIXA ............. ................................ I ...... ..... .... .................................................................
26
Glossary............................................................ ...............................................................................
26
LIST OF TABLES
Table I Existing Site Vehicle Trips ......... ......................................................................................... 9
Table2 Vehicle Trip Generation .................................................................................................... 10
Table 3 Trip Reductions with Proposed TDM Plan ................................ ..................................... 19
Table 4 Parking Requirements & Proposed Supply ...................... : ................................................ 22
Table 5 Quality of Service by Mode. ................................ ............................................................. 23
LIST OF FIGURES
Figure I Vicinity Map & Traffic Count Locations ............................................................................ 2
Figure 2 Existing Site Plan ........................................................................... ..................................... 3
Figure3 Existing Design Day Volumes ............................................................................................. 6
Figure4 Proposed Site Plan ............................................................................................. ................. 8
Figure5 Club Trip Distribution ............... ............. ........................................................................ 11
Figure 6 Residential Trip Distribution ................................. .......................................................... 12
Figure 8 Ute Avenue Traffic Calming ............................................................................................. 21
81312009 Page i TDA Colorodo
Aspen Club Living
Trqffic Inipact Study
INTRODUCTION
This report describes the traffic impacts associated with the Aspen Club & Spa's planned renovation and
residential development project. The Aspen Club is situated between the Roaring Pork River and S. Ute
Avenue in the southeast sector of the City of Aspen, See Figure 1. The project consists of developing 20
fractional ownership residential units and 12 affordable housing units on the existing 5-acre Aspen Club
and Spa property, and to renovate portions of the existing Club & Spa facilities.
This study presents an analysis of existing conditions in the project vicinity and an assessment of the
potential impacts of the proposed project, The Aspen Club has committed to a proactive approach to
minimizing new trips to and from the Aspen Club via Ute Avenue out of respect for the residents along
that corridor. The report enumerates a series of measures to be undertaken by Club management to
further promote alternatives to vehicle travel by members, employees and future guests and owners
residing at the Club. The transportation demand management (TDM) measures are the product of
discussions with City traffic management staff, Uto Avenue neighbors, Club management and the
professional transportation consultant engaged for this study. Furthermore, the Club plans to monitor the
effectiveness of the TDM plan in reducing site -based vehicle trips on Ute Avenue by commissioning an
annual count of traffic on Ute Ave by mode: private vehicle, bike, pedestrian, private shuttle and RPTA.
This report is presented in three major sections:
Existing Conditions - refers to today's traffic, pedestrian, bike, parking, and transit conditions,
Future Conditions udtbout Transportation Demand Measures - a forecast of conditions in the
future project completion year with no formal vehicle trip reduction measures.
Future Conditions witir Transportation Demand Measures - a forecast of conditions in the future
project completion year with implementation of specific measures designed to offset growth in the
number of site -based vehicle trips and promote alternative travel modes.
81312009 Page I TDA Colorado
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EXISTING CONDITIONS
The existing Aspen Club & Spa is located an a 5-acre site, Main access is at the South end
via Ute Avenue and auxiliary access is north of the site, across the Roaring Fork River, via
Crystal Lake Road off of Hwy 82. Off -site parking (35 spaces) is provided along Crystal
Lake Road with a pedestriaWbike trail and bridge crossing the river, leading to the Club.
Figure 2 shows the existing site layout and access points.
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Figure 2
g Existing Site Plan
Aspen Club & Spa
Traffic Volumes
In October 2008, TDA completed a summary report' with detailed analysis of seasonal traffic
conditions in the project vicinity, It compares August 2008 summer counts with available March
2008 winter counts, as well as the earlier August 2004 surnmer traffic counts performed at two
'Wter Report to Michael Fox, Aspen Club & Spa Traffic Count, TDAColorado, Inc. Ortobcr29, 2008
$1312009 Page 3 IDA Colomdo
Aspen Club LIvIng
7�qffrc Irnpact Study
intersections along South original Street and the access drive to the Aspen Club & Spa. This
report identifies peak traffic conditions by season, day of week and time of day in the vicinity of
the Aspen Club & Spa.
Key findings noted in the TDA 2008 Traffic Count Report are:
• Total weekday traffic volumes in the project vicinity are higher than on weekend days.
• Summer daily traffic volumes are higher than winter daily 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 IOAM and IPM, and
again between 3PM and 6PM for weekday and weekend.
As a "design day" for assessing future development traffic, a Thursday during August would
represent -a typical high traffic activity day for the surrounding neighborhood, when Club
traffic exhibits a high daily volume.
The 3:00 to 4:00 PM hour is the combined peak traffic hour for Ute Avenue and Club & Spa
trips. During this hour, Club trips comprised about 29% of the 200 vehicles on Ute Avenue
east of Original.
During the nine -hour daytime video count, for all arrivals to the Club, approximately 81%
are via auto, 10% via bicycle and 9% as pedestrians. Approximately 80% of arrivals are via
Ute Avenue entrance with 20% crossing the footbridge from Crystal Lake Road.
At the busiest intersection in the vicinity - Original Street/Cooper Avenue - Club & Spa
trips represents about 8% of summer total AM peak hour traffic and only 5% in the PM peak
hour, which has a higher total volume than during the AM,
Public Transportation
RFTA provides both City and down -valley transit service, The Rubey Park transit station is
centrally located along Durant Avenue, between Mill Street and Galena Street. The transit hub is
served by all summer routes run by RFTA. Service is available from 6:30 AM to 2:00 AM.
Service is generally described below:
City Routes - There are six in -town fare free routes, four of which serve residential areas, and one
serves the post office and Silver Queen Gondola on ten minute headways. The Cross -Town
Shuttle specifically runs to the Aspen Club and Spa approximately every 30 minutes, 8 AM to 9
PM, Data from the October 2008 Traffic Count show. that just a few Club members/workers
currently use the Cross -Town bus route that runs along Ute Avenue.
Valley Routes - During the summer, there are 43 scheduled departures, Mid -valley routes depart
every 30 minutes while routes serving Glenwood Springs are provided every two hours.
Seasonal Routes - Special service is provided for events (such as the Aspen Music Festival)
throughout the surruner in the Aspen area. 2
'RFTA websire.
81312009 Page 4 TDA Colorado
Aspen Club Living
7),affic hnpacl Study
Pedestrian, Bicycle and Equestrian Transportation
Existing sidewalks are found on S. Original Street, E. Cooper Avenue, E. Durant Avenue. Ute
Avenue has a trail along the north side from Original Street to just past the Ute Cemetery where
it bends north around the Benedict property to follow the Roaring Fork River along the north
side of the Club site, A second trail connects the Crystal Lake Road parking lot with the Club site
via a footbridge over the River.
Traffic Controls
Two intersections were studied to asses relative change in volume associated with the Club
Project. Both intersections are four-way stop -controlled; S. Original Street/E. Cooper Avenue
and S. Original Street/E. Durant Avenue. The Ute Avenue driveway of the Aspen Club & Spa
was also studied.
Turning Movement and Daily Volumes
Figure 3 shows the turning movement volumes at each of the study intersections during the
Thursday AM and the PM peak hour of the Design Day. Total Thursday volumes are also shown
at each of the six 24-hour locations. Volumes are based on 7-day late August 2008 counts
collected by All Traffic Data Services of Arvada.
The highest turning volumes occur during the PM peak hour at the Original/Cooper intersection
with 130 soluthbourid left turns and 187 eastbound right turns. Both of these movements are links
in the State Highway 82 designated route through the city.
As depicted in Figure 3, combining 610 daily Club vehicles on Ute Avenue with the 250 vehicles
using Crystal Lake Road indicates a total of 860.vehicle trips attributed to the Club & Spa on a
typical summer weekday.
81312009 Page 5 TDA Colorado
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Aspen Club Living
Traffic Impact Study
PROJECT DESCRIPTION
The Aspen Club and Spa is proposing the addition of 20 fractional ownership residential units
and 12 affordable housing units on the existing 5-acre property. As a part of these residential
additions, the existing Aspen Club & Spa facilities will be renovated with new uses in some of the
currently underutilized spaces. The project will reallocate a portion of the existing club as
support space for the six proposed fractional units that will be developed within the renovation
area. The actual leasable Club area will be reduced from the existing 84,600 SF to about 77,800
SF. However, for trip generation purposes, it is assumed that the current usage levels will
continue. Figure 4 illustrates the proposed site plan.
The site currently provides 56 on -site plus 35 off -site parking spaces. This 91-space maximum
supply was determined previously by the City at the time of the 1996 relocation of the Club's
-access to Ute Avenue. The proposal includes an on -site below grade parking garage with 53
spaces, 44 at -grade on -site spaces and continued use of the 35 off -site spaces across the river. The
new underground parking will access Lite Avenue directly, using an access location that currently
is used to access a small lot at the rear of the Club. Total parking supply for the mixed -use project
will increase from 91 to 132 parking spaces.
81312009 Page 7 TDA Colorado
l
i Club Living
Impacl Study
FUTURE BACKGROUND CONDITIONS
No roadway or signalization improvements are planned for the study area during the period from
now through 2012, the earliest likely date of occupancy for the Club's new residential units. No
other traffic projects affecting this study area are expected. No significant changes to the public
transit system serving the site are expected. Ute Avenue will likely continue to experience
nominal growth in traffic through the intervening years due to Club membership and business
growth trends and operation of the planned Aspen Community Center just cast of the Club,
FUTURE PROJECT TRIPS
The Aspen Club Living project will remodel the existing facility and add a residential element to
the site. Comprehensive vehicle, bicycle and pedestrian counts done in August 2008 provide site -
specific data for determining the expected vehicle trip patterns for the expanded Club facility.
Analysis of the project bounds the potential incremental increase in traffic as a result of the Club
expansion and added residential uses.
Trip Generation, Standard
Standard procedure for estimating traffic impact from new development is to use trip generation
ratios found in an industry standard reference: the Institute of Transportation Engineers OTE)
publication Trip Generation (711 Edition). However, ITE states that when site -specific data (Stich
as the 2008 counts at the site) is available, the first-hand information should be used for
determining future trip patterns.
Club Trips
Estimates of project trips for the Club & Spa portion of the development are based on the actual
count data presented in the Existing Conditions section of this report, showing Friday as the peak
usage day of the week, with about 860 total daUy vehicle trip -ends. A vehicle trip -end represents
either the beginning or end of a visit to the project sitei each with 2 trip -ends, referred to as trips,
Summarized in Table 1, the existing facility generates 70 AM peak hour and 99 PM peak hour
vehicle trips on a typical summer day, With the project, theactval Club square footage will be
less than existing, yet for vehicle trip generation, the current level of travel to the site is assumed.
Table I
Existing Site Vehicle Trips
Aspen Club & Spa
Cl ub Member & Employee TrI ps
AM Pk Hr
PM Pk Hr
via Lite Avenue Entrance
via Crystal Lake Road Access
40
9
_�9
14
7
21
30
9
34
26
1�6W6Fwtlonal fril
66
Total Peak Hour Trips
70
99
August 2008 count data, TDA Colorado, Inc.
The existing 84,600 SF Club facility currently exhibits the following trip generation rates;
10. 17 Daily vehicle trips per 1,000 SP
0,83 AM peak hour vehicle trips per 1,000 SP
0 1, 17 PM peak hour vehicle trips per 1,000 SF
81JI2009 Page 9 TDA Colorado
Aspen Club Living
Traffic Impact Study
Residential Trip
The Club and Townhouse residential units will all have lock -off capabilities within each unit, to
offer flexibility in use, Each of these lock -off Units, referred to as keys, is assumed to generate
trips as an individual dwelling, These units are assumed to generate trips as shown for the ITE
code Luxury Townhome/Condo (#233).
The affordable housing 2-bedroom units will not have lock -off capability and are assumed to be
renter occupied, functioning similar to the ITE code Mid -rise apartment (#223).
Vehicle trip generation is summarized in Table 2, showing total and net added vehicle trips to and
from the site, Buildout of the project could generate about 28 added PM peak hour, 26 added AM
peak hour and 304 added daily vehicle trips. When creating a Transportation Demand
Management (TDK program, these are the vehicle trips that targeted for reduction. TDM
measures, and the resulting change in vehicle trips from the "standard" estimating approach, are
discussed later in this report.
Table 2
Standard Vehicle Trip Generation Estimate
With Residential Project and No Trip Reduction Measures
Aspen Club Living
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ovollonl_
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1 TVA
1.17 39% 6`1%
99 39 60
0.83 70% 30%
70 49 21
-IL17_86L
T=
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79
AM Peak Hour
96
64 32
Dal� 1,164
Net ADDED Vehicle Trips botofe Trip Reductio
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TDA Derived from August 2008 counh,
Trip Distribution
Trip distribution refers to the direction trips travel to and from the site. Figure 5 shows trip
distribution for the Club & Spa trips to and from the proposed project site during the AM and
PM peak hours. It is -assumed that existing travel patterns will similar for the renovated Club. As
presented in the Existing Conditions section, approximately 80% of current vehicle arrivals access
the site via Ute Avenue to park on -site and 20% via Crystal River Road, parking off -site and
walking via the Roaring Fork River pedestrian bridge. Figure 6 shows trip distribution for the
Aspen Club Living residential trips. it is assumed that all residence based vehicles will access the
site via Ute Avenue and park on -site.
81312009 Page 10 TDA Colorado
0
4- M
Clevelqr
d Stn'
West E,
id
Original
St
it/
0
Spring f
io %9
0
Hun4r St 10 E%o9l 4- %9L
%oz
1\ I
/ 44
Pages 13 —19 are replaced with Exhibit A
to this Ordinance. Exhibit A is the up to
date TDM Plan.
i Club Living
Impact Study
ENVISIONED UTE AVENUE SAFETY PROGRAM
One of the main issues today for the Aspen Club and its neighbors is safety along Ute Avenue.
With a few improvements, Ute Avenue today could be made into a much safer street. We would
propose:
1. NEW SIDEWALK- As shown in Figure 7,wc would propose anew sidew-alkto the south
side of the Benedict Building and the Aspen Club, connecting to the existing trail from the
west and north. As there is not sufficient right-of-way for the addition of this sidewalk, an
agreement with the Benedict Building will be required.
Figure 7
Cxamples of Pavement Markings for Speed Tables or Speed Humps with Crosswalks
Aspen Club Living
LagoM
OPTION A OPTION 0 114val
L_ D.7 (12 ftj
1 0 Iyp�.' 18 ypol It)
R.A
'01
�X"
""v
�'T
03M
1W 112 101 (1 30 ,n'
Who. M Wng, t 112 In)
WNW
Marking
Source: Manual on Uniform Traffic Control Devices, 2003, FHwA
2. SPEED HUMPS with CROSSWALKS -Two of these are shown in Figure 8: one at Aspen
Alps and one at the Life Trail Their characteristics include:
a. Smooth transition to and from a flat crosswalk about 3 inches above the existing
pavement surface
b. Designed to encourage speeds not exceeding 25 mph
c. Pavement markings and advance signs in accordance with the Manual on Uniform
Traffic Control Devices (MUTCD). Please see the example attached,
d. We may have to work out some special design details when terminating at a curb on
the north side of Ute Avenue, to meet the requirements of the City of Aspen. This
will affect the Aspen Alps speed hump,
3, SPEED HUMP SLTMMARY - Together this layout provides a speed hump about 1/4-mile
apart. This is generally consistent with speed humps spacing used elsewhere in the Aspen
community.
,V$12009 Page 20 YDA Colorado
X9,
V A
.....
tz
CL
VA
A3pen Club Living
7)-afflo Impact Sludy
PARKING REQUIREMENTS & SUPPLY
Table 4 summarizes the applicable parking code requirements and proposed supply for the
project, The existing Aspen Club has a total of 91 spaces (56 via the Ute Avenue entrance and 35
spaces across the river), The Aspen City Code requirements for the residential elements of this
proposal are 0,5 spaces per fractional housing unit and 1.0 space per affordable housing unit.
As shown in Table 4, the minimum required parking for the Aspen Club Living is 123 spaces,
The proposal includes a 132-space parking supply, The 35 spaces along Crystal Lake Road will
remain. On -site parking via the Ute Avenue entrance will increase from 56 to 97 spaces, with 32
of them assigned to the residential uses, meeting the City requirement.
Table 4
Parking Requirements & Proposed Supply
Aspen Club Living
Land Use
City of Aspen
Requirement 1
Units
Requ r
Par"
Spaces
Proposed
parking Spaces
fractional Residential
0. 5 spaces per key
40 keys
20
Affordable Housing
1.0space per unit
12 units
12
AtNetic Club
911 space$
92 KGSF
91
Total Required Parking
123
regu at I HC
92 5
On -site Parking via Ute Avenue
Off -site Parking across River�
35 0
Total Proposed Parking Supply
127 5
132
1) Vann Associates
21 Previously determined; see text.
QUALITY AND LEVEL OF SERVICE
The Transportation Demand Management (TDM) program discussed previously in this report
addresses the goal of limiting growth in automobile traffic on Ute Avenue due to this project. To
encourage members and residents to utilize the TDM measures, alternative multimodal options
are defined with the TDM, Determining the Level of Service (LOS) for alternate modes is
different from determining the LOS for vehicles. The City of Aspen and other jurisdictions are
developing guidelines to identify and determine Quality of Service for pedestrians, bicycles and
transit. Key to increasing alternative transportation is to create a safe, comfortable, and reliable
experience for those pedestrians, bike riders and transit users.
Table 5 describes an analysis of existing and future levels of service for pedestrians, cyclists, and
transit users.
$1312009 Page 22 TDA Colorado
As,pen Club Living
Trqfpc impact Study
Table 6
Quality of Service by Mode of Arrival
Aspen Club Livino
Quality of Service Considerations
Aspen Club Living
Pedestrian
On -Site: New internal walkways connecting to RF River
ped bridge will pass through new housing courtyard with
• Presence, connectivity & sidewalk width
landscaping, lighting, and benches, connecting to Club
• Lateral Separation of Traffic
entrance and continuing to Ute Ave for access to transit
• Barriers & Buffers from Traffic
stop. No driveway crossings for pod access to transit stop.
• Crossing Opportunities
New 10'trail along Club's Ute Ave. frontage will connect
• Delays at Intersections
with Jewish Community Center site on the east.
• Driveway Frequency & Volumes
Off -Site: Ule Ave. bike /part trail leaves Uls Ave, alignment
• Visitor Experience
-120' NW of Club entrance. Club & JCC will provide capital
cost for missing Ute Ave link across Benedict property to
the west, When constructed, users will have Ute Ave.
pod/bike trail continuity from Original to JCC with few
driveway Interruptions an route.
Existing - LOS C
Mitigated - LOS B, LOS A with Benedict link completed
Bicycle
On-SIte: Convenient and additional bicycle parking will be
added near entrances to the Club and clustered near
• Presence of Dedicated Facility
residential units, Shared bicycles will be available for
• Network Connectivity
employees to use for short trips to town.
• Number & Width of Travel Lanes
Off -Site: Off road trail along Uto Ave does not connect to
adjacent to Route
main entrance of Club. A 26 mph speed limit, relatively low
• Volume & Speed of Traffic
vehicle volumes and minimal trucks promote a safe
• Percent of Trucks & Buses encountered
environment for cyclists on Ute. Ave. Slower. more uniform
• Pavement Condition
vehicle speeds via traffic calming measures will make Ute
more compatible with bicycle niders,
Existing - LOS C
Mitigated - LOS B
Transl
Currently free RFTA cross-town shuttle service from Rubey
Park to Aspen Club via Ute Ave twice per hour, on the half
• Frequency & Hours of Service
hour from 8AM to 913M, Abundant seating is available even
• Reliability of Service
during peak hours.
• Passenger Loads
Aspen Club will add a private shuttle serving several hotels
• Travel Times
and other transfer points for employees, members and
residents. Service using mini buses or vans Y411 be from
7AM to 9PM, In addition to RFTA. Shuttles will have a set
route. Service information will be provided to members and
residents, as part of marketing, Club will continue to
monitor service to meet demonstrated demands.
Existing - LOS C
Mitloated - LOS A
Automobile
Aspen Club Living with TOM plan is forecast to add a net
Increase of 1 AM and 1 PM peak hour trip on Uts Avenue.
• Corridor Travel Times
This minimal addition of traffic will not change traffic delay
• Intersection Delay
or LOS at the any of the 4 intersections analyzed. Car
• Queue Length
travel time will increase slightly with Implementation of the
Ute Ave. traffic calming proposal.
81312009 Page 23 TDA Colorado
Aspen Club Living
7)-qfflc linpact Study
SUMMARY & RECOMMEMDATIONS
The Aspen Club and Spa's planned addition of fractional ownership and affordable housing
residential units within the existing 5-acre site presents an opportunity to manage transportation
demand. By adding residential development (trip producer) to an existing fitness facility (trip
attractor), a palette of opportunities arise for managing vehicle trips to and from the site as a
product of increased density and diversity of land use. This type of urban infill provides a larger
and more diverse population base for implementing transportation demand management (TDM)
tools,
As a complement to encouraging alternatives to personal auto travel, the Club proposes traffic
calming and trail improvement measures along Ute Avenue that will enhance the experience of
bike and pedestrian users of this travel corridor
Travel Demand Management Program
This report provides -a detailed list of TDM tools that can aid Aspen Club members, residents and
employees in reducing their dependence on travel by private car. This analysis shows that even
moderate trip reduction through application of these tools is sufficient to achieve a virtual net
zero growth in vehicle trips with this new development.
For these TDM tools to be successitil, an aggressive marketing campaign offering high quality
alternative transportation services and a strong incentive program are essential, Monitoring the
programs and resulting traffic volumes are key to continued success. This report presents
numerous concept plans and a monitoring program to show their effectiveness.
Highlights of the Club's planned TDM measures include;
• Providing a regularly scheduled Aspen Club shuttle service to and from the Club,
• Emergency ride home programs for employees, as needed,
• Housing for Club employees on -site.
• Car sharing by being a business member of the Aspen Car to Go program, providing a
vehicle stationed on -site.
• Bicycle sharing by providing bicycles available for employees and residents riding to
town,
• Negotiated rates for car rentals with local companies to accommodate longer trips for
residents or cmployees.
• Create incentive programs for Club members who walk, ride bikes or take shuttles to the
facility.
• Continue to work with local hotel partners in marketing the Aspen Club shuttle services.
• Provide airport shuttle service for resident owners and guests to further reduce their need
for personal vehicles while staying at the Aspen Club.
The TDM program tailored specifically for this project can be expected to reduce the industry
standard ITE vehicle trips generated from the unmitigated peak hour vehicle trip volumes of 96
AM and 127 PM hourly weekday volumes to 71 AM and 100 PM peak hour vehicle trips,
essentially the same as current peak period volumes.
81312009 Page 24 TDA Colorado
Quality OfService
With the TDM plan achieving the desired results -- no net change in peak period traffic volumes --
(to be confirmed by annual monitoring), there will be no noticeable change in traffic operation
(level of smice) at the key intersections leading to Ute Avenue by virtue of this project.
Bike riders and pedestrians travelling along Ute Avenue will feel safer as planned speed humps
installed at two locations will help achieve a more uniform 25 mph or less vehicle speeds, With
the addition of residences, the Club site will have an urban village feel with interconnected
walkways, trail connections, illumination, and around the clock ambient security and comfort
amenities, The collective measures will achieve a perceptible one level increase in the quality of
service for these travelers. Club shuttle service, augmenting current free RPTA service along Ute
Avenue will provide a convenient alternative to auto trips for future residents/guests as well as
Club members and staff. The quality of the transit experience is expected to advance from
adequate to highly attractive.
The Club's redevelopment plan includes a 10'-wide trail along the Ute Avenue frontage,
connecting to the new Jewish Community Center site east of the Club. The Club and JCC have
agreed to share in The capital cost of constructing the "missing link" of the Ute Avenue trail across
the Benedict property west of the Club, When this link is completed there will be bike/ped trail
continuity along thefull extent of Ure Avenue from Original Street to the JCC site. Withthis
provision acting in concert with the amenities stated above, we anticipate ped/bike travelers will
experience a two-step level of service enhancement in relation to existing conditions.
Taken together, the Club's development plan and TDM program make a clear statement of
promoting achievable alternatives to private auto travel in the City of Aspen.
81312009 Page 25 TDA Colorado
Aspen Club Living
APPENDIX A
Glossary
81317009 Page 26 TDA Colorado
Aspen Club Living
Trafflic Impact Study
GLOSSARY
AVO, Average Vehicle Occupancy. The average number of people riding in a vehicle at one time,
Also referred to as ACO for Average Car Occupancy.
Background Growth A general level of traffic increase not related to a specific site or project, It is
usually expressed as an annual percentage rate of growth.
Capacity The maximum number of vehicles that can be expected to travel over a given section of
roadway or a specific lane during a given time period under prevailing roadway and prevailing traffic
conditions.
CBD Central Business District,
Design Day A design day is generally a busy day during the peak business season, but not the
busiest, Selection of a design day is often used for determining parking needs and traffic volumes. A
facility designed to serve the busiest day of die season would result in substantial excess capacity for
all hot a few days of the year, an unrealistic standard. The design day standard provides a balance:
adequate capacity for most days of the year with recognition that It may be exceeded on five to ten
days pei year.
Design Year The year a development is scheduled to open.
Headway The time between vehicles moving in the same direction. Often used to indicate the
frequency of buses on a particular bus route.
HOV nigh -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 Manuel.
Pass -By Trips In the case of a new development, particularly retail establishments; certain
restaurants, banks, service stations, and convenience markets, frips are attracted from the passing
traffic on adjacent streets - that is, traffic already "passing by" the site. Thus, when forecasted Irips
based on standard trip generation rates or equations are distributed, some reduction is made to
account for those trips.
Peak Hour The hour of the day during which the heaviest volume of traffic occurs on a roadway.
Often there is an a.m. and p.m. peak hour.
PracticidCapacity Parking facilities are rarely completely full due to turnover and the difficulty in
finding the few remaining open spaces. For example, for retail customers, practical capacity is
81312009 Page 27 TDA Colorado
Aspen Club Living
7)-elc Impacr Site
generally 85% of the supply. For office employees who ate familiar with a parking facility, practical
capacity generally rises to 95%.
Queue Area Storage space of a street or within a parking facility for vehicles entering or exiting,
Shared Parking Parking space that can be used to service two or more individual land uses without
conflict or encroachment Tire opportunity to implement shared parking is the result of two
condidons: 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.
Signal Phase That part of a traffic signal's timc-cycic allocated to a traffic movement (C.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. in affic 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 The assignment of vehicle trip volumes to the roadway network and the
assignment of site -generated vehicle trip volumes to individual driveways/roadways of the
development.
TrIp Distribution The expected directional distribution of site -generated traffic oil roadway links
and intersections within the study area.
Trip Ends One trip end is equal to one trip. For trip generation purposes, total trip ends for a land
use over a given period of time are the total of all trips entering plus all trips exiting a site during that
designated time.
Trip Generation The number of trips generated by a development; sometimes calculated in trip
ends, as in [TVs Trip Generation Manual. Generally, trips both to and from a de�velopment are
counted.
VIC Ratio Volume to capacity ratio between the flow rate of vehicles and/or people to the capacity
of a traffic facility.
Italicized terins within a definition are separately defined elsewhere h? the glossary.
Sofo-ces: TDA Inc., ITE, Urban Land Instifeele, Hi&vay Capacity Manual, PTA, 4PA
81312009 Page 28 TDA Colorado
a
a
:1-
Canreptital Energy & Mechanicl System.! Ptan: Aspen Ctub
Aspen Club Living
Conceptual Energy & Mechanical Systems Plan
1300 Ute Avenue
Aspen, Colorado
Resource
Engineering
Group, Inc.
effidency * Sustainablilty - simpliCity
Report prepared by:
Zack Gustafson
AugustHaszP.E.
Resource Engineering Group, Inc.
November 24,2008
Table of contents
Section 1: Executive Summary
Section 2: Conceptual System Description
Section 3: Ifistorical Data Breakdown
Section 4: Energy Savings Plan
Section 5: Final Development Energy Use Projections
Section 1: Executive
The total energy use of the entire 1300 Ute Avenue site after the Aspen Club Living
(ACL) development is complete will be equivalent to or less than the site's recent
historic energy use.
Summary.
• Energy bills over the last three years 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 snowmelt) must be
reduced to 15,900 million Btu/yr or less to meet the stated goal. The remaining
2,700 million Btu will be allocated to the planned 73,000 sf of additional
residential space.
• New development must be designed for 38 kBtu/sf yr or lower for fractional
residential spaces and 34 kBtu/sf yr or lower for affordable housing spaces.
• 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
EXHIBIT
C
I$
M
14
Ll
IN
G�n(�eptual Energy & Mectlaniell gyttq_!nf� F�qrr Asom 'Cint,
Section 2:
Whole site systems:
• A Ground -Source Heat Pump (GSBP) 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 It apart,
• 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 area 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
to the central loop field will provide hot and cold water for heating and cooling.
Individual GSHPs for each unit will allow for energy use sub -metering.
• Solar thermal collectors were not included in this round of modeling but could
provide heat for DHW requirements and offset pool energy use.
Affordable housing units:
The new affordable housing units will have in -floor radiant tubing and water -to -
water GSHPs attached to the central loop field for heating. Individual GSHPs per
unit will allow sub -metering of the living units. No cooling will be provided for
these units.
Town hornes:
Newtown 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
0
(,,cr,�.eptua. rnerq
, ys, tmecliani�al 9vstem� Pl�m; Asrjen U"b
Section 3: Historical Energy Use Breakdown
Existing Site Energy Use
18,600 Million Btu/yr
Snowm
3%
Tennis bubble
heating
7 9fo
Pool Heat
9%
The average annual energy consumption of the site based on utility bills from January
2006, to July 2008 is 18,600 million Btu/yr. We used several methods and strategies to
split total energy consumption into the following areas:
• Space heating and cooling: We created an Energy-10 model (an hourly analysis,
wt Aspen weather data) based on building envelope, occupancy, and observed
HVAC operation to estimate annual usage.
• Lighting and plug loads: We used site observations to estimate lighting at 1.5
watts/sf installed and plug loads at 1.6 wattsIsf installed. These peak loads were
scheduled in the Energy-10 model based on 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, trends 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 beating 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% efficiency).
• Snowmelt: We modeled yearly energy use for snowmelt based on Aspen-Pitkin
Energy Code calculations. We used the nameplate rating of the snowmelt boiler
and assumed 821 hours per year of runtime,'125 btu/h-sf energy use. Snowmelt
area was modeled at approximately 2500 sf.
Page 3
areas using a combination of different methods.
Space beating & cooling: Existing aub Space Heating
U___t,A _,r �u � I
e own c ex s ng 20000
energy bills shows an average
energy use of 7,450 million 15000
Btu/yr of natural gas and 797
million Btulyr of electricity to
M 10000
heat and cool the existing c
building. This represents 45% of
the total use. Using the beating 5000
system described in Section 3,
our analysis shows a 68% 0
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 the existing building, Cooling energy will increase slightly
to meet cooling demands of the existing club. The increase is extremely small due to the
use of primarily evaporative cooling.
Lighting and plug loads:
Existing Club Lighting and Plug Loads
Energy use by lights and
20000
T_
equipment totals 3,523 million
�TM72
iiw__1111
'-All energy uses
Btu/yr (1033 MWh/yr), or about
15000
_10
a Savings ........
19% of total yearly energy use.
This can be reduced 46 PUL UI
0 10000
Lighting & plugs
the renovation using lower
I, MN
wattage lighting and control
X
IMP
I HNIR
strategies that turn off lights and
5000
.
M
... ...
equipment when they are not in
3,523 2,810
use. A 20% reduction in lighting
0
and plug loads in the existing
Total Site
Existing Use Reduced Use
building results in 713 million
Energy
Btu/yr, or an additional 4% savings
in overall
energy use.
Page 4
IN
Existing Club Domestic Hot Water
The energy spent heating water
20000
for domestic use represents
i5 All energy uses
3,170 million Btu/yr or about
U 15000
n savings .......
18% of the total site energy. ne
-t'
majority of this is for laundry
10000
A DKW
........
and showers. Using GSHPs, we
can reduce energy use by 50-Ab,
which results in a savings of
5000
............ ............
1,670 million btus/yr or 9% of
the overall energy use. Solar
0-
thermal panels were not
Total Site Existing Use Reduced Use
modeled, but could provide
Energy
additional energy savings. This technology would be especially appropriate given the
year-round nature of DHW energy use in the club,
Pool heating and ventilation:
The development plan includes 20000
a major renovation to the pool
facility. A new building
15000
envelope and air handling
system will greatly increase
to 0000
indoor air quality and thermal
c
comfort in the space, but will
5000
result in a small increase in pool
energy use. Solar thermal panels
were not modeled, but could
0
provide additional energy
savings.
Existing Club Pool Heating
Total Site Existing Use Inaesed Use
Energy
Tennis bubble: Existing Club Tennis Bubble
Discarding the tennis bubble 20000
and its heating system, as
planned, represents a 7% 15000
savings. The bubble is a fairly
simple structure with a 9 10000
straightforward heating system S
and is easily modeled. Our
model predicts an average 5000
energy use of 1,224 million
0
Btutyr of natural gas and 1W Total Site Existing Use Reduced UsE
million Btu/yr of electricity for Energy
fans and lighfing. This is based
on the optimistic 80% nameplate efficiency of the existing heating system, continuous
conditioning to 50'F, and a generous R-13 insulation value for the skin of the bubble.
Page 5
W
0
No
No
IlIk"C'e'ptuai Ln"'rov a 'Mechiirfl(,,�d Systrno-� Fjow Aspen Ciub
I
Snowmelt:
The proposed area for snowmelt
20000
is 550% greater than the
existing area, increasing the
150DO
energy used. We estimated the
increased use with calculations
10000
based on the Aspen-Pitkin
Energy Code and historic
5000
snowfall data for the Aspen
area.
0
Existing Club Snowmelt
Total Site Existing Use Increased Use
Energy
Energy Savings Plan Summary:
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 variability
in energy use patterns of club guests and residential tenants.
Snowmelt
18%
Tenr
In
0%
Projected Site Energy Use
18,600 Million Btu/yr
Pool Heating
10%
;pace heating
cooling
14%
Lighting & Plugs
15%
Page 6
Cwweptui! Eoergy �P. Plail� A� pen Cluh
Section 5: Final Development Energy Use
New Energy Use
18,600 Million Btu/yr or less
Affordable
housing
2%
Townhomes
8%
Club residenth
units
3%
The energy use of the affordable housing, town homes, and club residential units shown
in the graph above are based on Energy-10 models developed from planned construction
design. System design was modeled as outlined in Section 2. The town homes as modeled
will require 39 kBtulsf/yr. The club units will require 37 kBtu/sf/yr, and the affordable
housing units will require 34 kBtu/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 are available for review upon
request. The 21% overall savings shown above represents the cushion to absorb
differences between planned energy use and the actual future energy use of the site.
Page 7
a
EXHIBIT A
Chapter 26.440, SPECIALLY PLANNED AREA (SPA)
See 26.440.030(A) Standards for Designation. Any land in the City may be designated Specially
Planned Area (SPA) by the City Council if, because of its unique historic, natural, physical or
locational characteristics, it would be of great public benefit to the City for that land to be allowed
design flexibility and to be planned and developed comprehensively as a multiple use development.
A parcel of land designated Specially Planned Area (SPA) shall also be designated on the City's
Official Zone District Map with the underlying zone district designation which is determined the
most appropriate. The underlying zone district designation shall be used as a guide, but not an
absolute limitation, to the uses and development which may be considered during the development
review process.
Staff Findin :
In order for an SPA designation to be approved, this "Standards for Designation" requirement
must be met. That is, the City Council, after hearing a recommendation from the Planning and
Zoning Commission, must determine that because of the site's "unique historic, natural, physical
or locational characteristics, it would be of great public benefit to the City for that land to be
allowed design flexibility and to be planned and developed comprehensively as a multiple use
development". Staff believes that the SPA designation would create a public benefit. It will
allow multi -family affordable housing to be developed on the parcel, which is not currently a
permitted use in the underlying zone district. This will enable the Club to house some of its
employees that currently commute into Aspen, reducing impacts on the transportation system
and the entrance to Aspen. Further, the timeshare development will provide for the Club, which
the applicant has committed to reinvest in the Club building, thereby enabling to Club to
continue to provide a home for many of the Valley's non -profits, upgrade the Club, and adding
new specialized programming to be made available to the public. Staff finds this criterion to be
met.
Sec. 26.440.050. Review standards for development in a Specially Planned Area (SPA).
A. General. In the review of a development application for a conceptual development plan and a
final development plan, the Planning and Zoning Commission and City Council shall consider
the following:
1. Whether the proposed development is compatible with or enhances the mix of
development in the immediate vicinity of the parcel in terms of land use, density, height,
bulk, architecture, landscaping and open space.
Staff Findin :
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 fiagade of the club to be more articulated and
pedestrian friendly. The applicant made a number of changes to the site plan during conceptual
approval in an attempt to open the site up and create a greater visual connection with the river
(moving one unit from the lower "bench" to the upper "bench," reconfiguring the siting of the
units, moving the Club entrance to an area that overlooks proposed open area between the
townhome units).
The applicant has proposed a water feature as part of the landscaping plan. This water feature is
located in the middle of the site and runs from the lower bench to the upper bench. There are
paths that run through the site to connect the timeshare units to the Club and the parking areas.
In addition, the applicant is providing a permanent trail easement for the path currently exists on
site and connects the river area to the Club building and parking area. The applicant worked
with planning staff and the fire department to come up with a way to provide adequate fire
access without creating additional paved areas. The solution is the installation of grass pavers in
portions of the upper bench area.
Staff continues to have concerns related to the scale and mass of the "townhouse" units on the
lower bench of the site, and believes there is too much massing proposed on the site. Staff
believes the elimination or relocation of units 5 and 6 would create a clearer connection to the
riparian area and would provide a needed break in the proposed massing.
In terms of landscaping and open space, staff finds that additional refinement is needed for the
landscape plan. The site is located near the urban/rural fringe, and as such the area has a more
rural feel than other areas of town. 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 Findin :
Sufficient public facilities and roads exist to serve the proposed development. The traffic
engineering report provided in the application indicates that the proposed development will not
significantly alter the current service levels on Ute Avenue, or at the intersections between the
Aspen Club and Cooper Avenue. The applicant has worked with city staff to create a set of
Transportation Demand Management (TDM) tools that will help control the number of trips on
Exhibit A — SPA Review Criteria
Page 2 of 8
Ute Avenue as a result of this development. The applicant has also committed to not increase the
amount of traffic on Ute Ave as a result of this project. The applicant has also committed to
paying for street improvements to Ute Avenue, including speed tables, a trail connection, and
paving part of the cul-de-sac. Further, the Applicant has agreed to upgrade the existing water
service line and to relocate a sewer line to accommodate the proposed units. Staff finds this
criterion to be met.
3. Whether the parcel proposed for development is generally suitable for development,
considering the slope, ground instability and the possibility of mudflow, rock falls,
avalanche dangers and flood hazards.
Staff Fin
The Applicant has located all development outside the Roaring Fork River's mapped 100-year
foodplain. 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, ora I%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 Findin :
The proposal replaces existing tennis courts with lodging units, adds lodging units to the existing
building, and adds affordable housing units to an under-utilized portion of the site. While there
are no protected view planes in the vicinity, Staff believes it is important to retain the perception
of the riparian corridor throughout the site. During Conceptual Review, the Applicant made
changes to the architecture and site plan to address Staff s concern. The applicant did move the
club entrance to ensure views to the river were maximized. However Staff does not believe
these changes go far enough to ensure the riparian area is made prominent in the design. Staff
believes the elimination or relocation of units 5 and 6 will help open the site plan and make the
riparian area more prominent.
There is an existing path that crosses the Aspen Club property near the river. This path will be
maintained in the proposal. Additionally, the applicant has committed to installing a sidewalk on
their property along Ute 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.
Exhibit A — SPA Review Criteria
Page 3 of 8
Overall, Staff finds this criterion is not met.
5. Whether the proposed development is in compliance with the Aspen Area
Comprehensive Plan.
Staff Findin :
Staff believes that a number of the goals in the Aspen Area Community Plan are met, but has
some concerns relating to other aspects of the AACP. The Application meets a number of
AACP goals related to affordable housing, economic sustainability, and arts and culture, and has
made changes since Conceptual Review to meet goals related to transportation. The Applicant
has also made changes to the site plan, which Staff believes brings the project closer to meeting
the goals related to community character & design, and open space & environment. Overall,
Staff finds this review criterion to be met.
Housing:
The Applicant is providing 145% of the required Affordable Housing, which is an important step
in helping the community meet the Affordable Housing goals outlined in the AACP. The
Housing section of the AACP states the intent of affordable housing is to "create an affordable
housing environment that is appropriately scaled and distributed throughout existing and new
neighborhoods..." (Intent, pg 25). This development proposal mixes free-market commercial
and free-market lodging with affordable housing. The affordable housing is scaled to relate to
the adjacent Club building and other surrounding buildings.
This section also states that, "Our housing policy should bolster our economic and social
diversity, reinforce variety, and enhance our sense of community by integrating affordable
housing into the fabric of our town. A healthy social balance includes all income ranges and
types of people. Each project should endeavor to further that mix and to avoid segregation of
economic and social classes by project." (Philosophy, pg 25). This proposal would provide 12
new affordable housing rental units for Aspen Club Employees. A mix of category 2, 3, and 4
units are proposed, which will ensure the housing is accessible to a wide range of income levels.
Managing Growth:
The AACP Managing Growth Chapter lists one of the main goals of managing growth as "foster
a well-balanced community through integrated design that promotes economic diversity, transit
and pedestrian friendly lifestyles, and the mixing of people from different backgrounds." (Goal
E, pg 19). The proposal will promote a mix of backgrounds through the Club use as well as the
affordable housing residents and lodge visitors that will be on site. Additionally, a detailed
transportation plan is proposed that promotes pedestrian access to the site and the use of
alternative modes of transportation.
Economic Sustainability:
Further, the Economic Sustainability section of the AACP recognizes that "local ownership of
business helps maintain our community's unusual character, tends to return more money to the
local economy, and provides additional opportunities for upward mobility of people" and that
"the community and its governments should support local ownership as well as exterrially-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.
Staff Fin
The application states that all costs associated with public infrastructure improvements will be
bome by the Applicant. This includes the realignment of a sewer line. The Applicant's new
traffic study indicates that Ute Avenue can accommodate the proposal's traffic generation. In
addition, the applicant has created a comprehensive TDM plan to encourage alternative modes of
transportation for club users, club employees, affordable housing resident, and timeshare owners.
Exhibit A — SPA Review Criteria
Page 6 of 8
A safety plan, which includes speed tables and humps, for Ute Ave has also been proposed to
ensure the road is safer for pedestrians. The applicant has committed to zero growth in traffic as
a result of this project. The applicant has hired consultants to assess the existing water flows to
determine if adequate flows exist for tire 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 Fin
The property's northern lot line lies in the Roaring Fork River, and then the property slopes up to
meet Ute Ave on the south. There are slopes in excess of 20%, and the Applicant has made the
appropriate slope reduction and density reductions. The total square footage on the lot is
215,232, but after slope reduction 171,047 square feet of land area is available for floor area
calculations. The proposed development equals approximately 95,000 square feet, or an FAR of
approximately 0.55: 1. Staff finds this criterion to be met.
8. Whether there are sufficient GMQS allotments for the proposed development.
Staff Findin :
The Applicant has requested the necessary Affordable Housing and Lodge Growth Management
Allotments. The proposal will decrease the amount of commercial space on site, so growth
management allotments are not required. The applicant needs 12 affordable housing allotments
and 124 lodge pillow allotments. In a single growth management year there are 112 lodge pillow
allotments available. Because the applicant needs 12 more pillow allotments then are available
in this growth management year, they have requested multi -year allotments. Staff finds this
criterion to be met.
B. Variations permitted. The final development plan shall comply with the requirements of the
underlying zone district; provided, however, that variations from those requirements may be
allowed based on the standards of this Section. Variations may be allowed for the following
requirements: open space, minimum distance between buildings, maximum height, minimum
front yard, minimum rear yard, minimum side yard, minimum lot width, minimum lot area, trash
access area, internal floor area ratio, number of off-street parking spaces and uses and design
standards of Chapter 26.410 for streets and related improvements. Any variations allowed shall
be specified in the SPA agreement and shown on the final development plan.
Exhibit A — SPA Review Criteria
Page 7 of 8
Staff Findinje:
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
See. 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 Findin :
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.
Manap,ing 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 extemally-owned
businesses that are locally -serving and locally -involved" (Philosophy, pg 3 1). 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, & 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.
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 margin setback and the applicant has worked with the Parks
Department to ensure that construction methods will not negatively impact the riparian area.
Design Quality:
The Design Quality section of the AACP asks that development "retain and encourage an
eclectic mix of design styles to maintain and enhance the special character of our community."
The section also states that "we favor diversity tempered by context, sometimes historical,
sometimes not, as opposed to arbitrariness. 'Context' refers first to region, then town,
neighborhood, and finally the natural and man made features joining a particular development
site. Decisions regarding scale, massing, form, materials, texture, and color must be first
measured by context. Contextual appropriateness transcends 'style' alone" (Philosophy, pg 42).
Staff believes the ideas put forward in the Application for a health and wellness facility are good
goals, and that the site plan changes at Conceptual have moved the proposal in the direction of
combining this goal with the proposed architecture. Further, Staff finds that the changes help
ensure the development will "enhance the special character of our community." The Aspen Club
site is unique, and this Application proposes a unique addition to the Club. Staff believes the
changes to the site plan begin to reflect these opportunities. In terms of uses, the project does a
good job of relating to the immediate context which is comprised of a variety of uses. In terms
of massing, staff is concerned that there is too much mass on the site given its context of being
on the urban/rural fringe. The elimination or relocation of units 5 and 6 would help better meet
the Design Quality section of the AACP.
Transportation:
The AACP has a number of goals and policies related to Transportation, including a policy that
new growth should be structured "on compact, mixed -use patterns that enable and support travel
by foot, bicycle, and public transportation for all types of trips" (Policies, pg 22). Additionally,
the Transportation Chapter includes goals to maintain and improve "the appeal of bicycling and
walking ... by adding sidewalk connections, replacing sidewalks, and requiring sidewalks as part
of development approvals, where appropriate..." (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
2. The proposed development shall he consistent with the character of existing land uses
in the surrounding area.
Staff Fin
The proposed development is consistent with the character of the area. The neighborhood
consists of a variety of single-family and multi -family homes, as well as commercial, non-profit
and lodging uses. The proposed affordable housing is consistent with the adjacent properties,
which include a number of affordable housing projects. Additionally, adjacent parcels also
include non-profit and commercial uses. Staff finds this criterion to be met.
3. The proposed development shall not adversely affect the future development of the
surrounding area.
Staff Findin :
Staff believes that this development will not adversely affect the future development of the area.
Most of the area is at or near build out, so there is not a great deal of future development
opportunities. Staff finds this criterion to be met.
4. The proposed development has either been granted GMQS allotments, is exempt from
GMQS, or GMQS allotments are available to accommodate the proposed development
and will be considered prior to, or in combination with, final PUD development plan
review.
Staff Findin :
The Applicant has requested the needed Affordable Housing and Lodge Growth Management
Allotments. The proposal will decrease the amount of commercial space on site, so commercial
growth management allotments are not required. The applicant needs 12 affordable housing
allotments and 124 lodge pillow allotments. In a single growth management year there are 112
lodge pillow allotments available. Because the applicant needs 12 more pillow allotments than
are available in this growth management year, they have requested multi -year allotments. Staff
finds this criterion to be met.
B. Establishment of Dimensional Requirements:
The final PUD development plans shall establish the dimensional requirements for all
properties within the PUD as described in General Provisions, Section 26.445.040, above. The
dimensional requirements of the underlying zone district shall be used as a guide in
determining the appropriate dimensions for the PUD. During review of the proposed
dimensional requirements, compatibility with surrounding land uses and existing development
patterns shall be emphasized.
Staff Fin
The PUD development plans establish dimensional requirements for all properties in a PUD.
The proposed dimensional requirements are based on the proposed subdivision of the exiting lot
into 5 new lots. The dimensional requirements are listed below. When listing the dimensional
Exhibit B — PUD Review Criteria
Page 4 of 18
requirements, all front yard setbacks are the south side of the lots, all the rear yard setbacks are on
the north side of the lots, and all the side yard setbacks are the east and west sides of the lots.
Underlying
RR
Proposed Dimensional Requirements
Dimensional Requirements
Zone District
Dimensional
for subdivided lots
based on fathering parcel
Dimensional
Requirement
Requirements
Lot 1: 124,661 sq. ft.
Total Lot Area: 4.941 acres,
Minimum Lot
Lot 2: N/A
Lot 3: 10,812 sq. ft.
or 215,232 sq. ft
2.0 acres
Size
Lot Area after Slope
Lot 4: 26,110 sq. ft.
Reduction: 171,047 sq. ft.
Lot 5: 9,355 sq. ft.
-Viinimum Lot
Multi -Family:
Area per
N/A
N/A
N/A
dwelling unit
-
Lodge: N/A
Lot 1: 277 Feet
Lot 2: N/A
Minimum Lot
Lot 3: 135 Feet
352 Feet
200 Feet
Width
Lot 4: 266 Feet
Lot 5: 95 Feet
Lot 1: 30 feet above grade, 5 feet below
grade
Minimum
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 1: 100 feet (15 feet from Top of
Slope)
Minimum Rear
Lot 2: N/A
100 Feet
20 Feet
Yard Setback
Lot 3: 10 feet
Lot 4: 10 feet
Lot 5: 10 feet
Maximum
Townhouse Units (Lots 3 & 4�
Affo�rdatb Housing Unit
e g t
28 Feet
Height
et
Pitched Roofs (Units 1, 7, 14).: 1�8 feet
11, North1west ComeUr: 32
I �, or st, m
Exhibit B — PUD Review Criteria
Page 5 of 18
Underlying
RR
Proposed Dimensional Requirements
Dimensional Requirements
Zone District
Dimensional
for subdivided lots
based on fathering parcel
Dimensional
Requirement
Requirements
Flat Roofs (Units 2-5, 8-13): 28 feet
feet
Club Units (Lot 2): 28 feet
Affordable Housing Unit
Affordable Housing Units (Lot 5): 28
12, Northwest Comer: 41
feet with the following exceptions:
feet
Unit 11, Northwest Comer: 32 feet
Affordable Housing Unit
Unit 12, Northwest Comer: 41 feet
12, Southwest Comer:
Unit 12, Southwest Comer: 31.25 feet
31.25 feet
Aspen Club Building (Lot 1): 28 feet
Minimum %
N/A
N/A
N/A
Open Space
Total FAR: .55:1
Total FAR: .55:1
Total: 94,750 sq. ft.
Multi -family (affordable
Single-family:
Total: 94,750 sq. ft.
housing units): 12,390 sq. ft.
Same as R- 15
Allowable
Multi -family (affordable housing units):
Lodge: 50,490 sq. ft.
zone district
Floor Area
12,390 sq. ft.
Lodge: 50,490 sq. ft. (Townhouse Units-
(Townhouse Units: 34,410
Multi -family:
N/A
34,410 sq. ft.; Club Units: 16,080 sq. ft.)
sq. ft.; Club Units: 16,080 sq.
Lodge: N/A
Commercial (Club): 31,870 sq. ft.
Commercial (Club): 31,870
Commercial: N/A
sq. ft.
Lodge: .5 spaces
per key (20
132 spaces total:
spaces)
132 spaces total:
Lodge: 20 spaces
Club and Spa: I
Lodge: 20 spaces
Aspen Club and Spa: 95
space per 1000
Minimum Off-
Aspen Club and Spa: 95 spaces (60
spaces (60 spaces on Lot I
sq. ft. of net
Street Parking
spaces on Lot 1; 35 spaces on Lots A
35 spaces on Lots 14A &
leasable (43
& 14W)
14W)
spaces)
AH units: 17 spaces
AH units: 17 spaces
AH units: I space
per unit ( 12
spaces)
1. The proposed dimensional requirements for the subject property are appropriate and
compatible with thefollowing influences on the property:
a. The character of, and compatibility with, existing and expectedfuture land uses
in the surrounding area.
Staff Findin :
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 18
variety of residential uses. The proposed uses are consistent with the use mix on the
adjacent parcels as well as the overall use context of Ute Ave. Overall, the height of
the proposal is consistent with the underlying zoning. The three exceptions are to
accommodate the affordable housing units. 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 Fin dinz:
The Applicant has located all development outside the Roaring Fork River's mapped
100-year floodplain. No other natural hazards are believed to affect the lot. The
applicant conducted an avalanche study as part of the final application, which found
the affordable housing units are in the "blue zone." According to the study, "blue
zone" avalanches have a return period of 30 to 100 years, or a 1% to 3% probability
annually. The applicant and Engineering Department have agreed to have the
mudflow risk evaluated by the Colorado Geologic Survey. Staff finds this criterion to
be met at this time.
c. Existing natural characteristics of the property and surrounding area such as
steep slopes, waterways, shade, and significant vegetation and landforms.
Staff Findinz:
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 fifteen
(15) foot top of slope setback required by the Stream Margin portion of the Land Use
Code. No development, including excavation, is permitted in this setback area. The
applicant has worked with the 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, traffic, transit, pedestrian circulation, parking,
and historical resources.
Staff Findin :
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 Fin din :
No open space is currently proposed on -site. Staff recommends the Applicant look at ways
to consolidate the paths that are used to access the individual timeshare units to help create
more opportunities for open space. Further, Staff believes the elimination of units 5 and 6
will help created needed visual relief from the massing and will create better quality open
space. Staff finds this criterion is not met.
3. The appropriate number of off-street parking spaces shall be established based on the
following considerations:
a. The probable number of cars used by those using the proposed development
including any non-residential land uses.
b. The varying time periods of use, whenever joint use of common parking is
proposed.
c. The availability of public transit and other transportation facilities, including
those for pedestrian access andlor the commitment to utilize automobile
disincentive techniques in the proposed development.
d. The proximity of the proposed development to the commercial core and general
activity centers in the city.
Staff Findink,:
The proposal includes 132 parking spaces divided as follows: 20 for the timeshare units
(code required amount), 17 for the affordable housing units (code requires 12 spaces, and
an additional 5 spaces that are being provided for short term use, i.e. for guest parking or
for grocery drop off), and 95 spaces for the club (this is 4 more spaces than was approved
by City Council in 1996). The applicant examined locating more parking in the sub -
grade garage to help reduce the amount of surface parking. The water table is located in
such a way that additional subgrade parking cannot be accommodated on this site. The
20 timeshare and 12 of the affordable housing spaces will be located in the subgrade
garage. Employees of the Club will continue to use Lots 14A and 14W (located across
the river) for their parking, which will make more onsite parking available for club users.
In addition, the applicant has created a detailed TDM plan that employs a number of
alternative transportation modes in an effort to reduce the project's dependence on the car
Exhibit B — PUD Review Criteria
Page 8 of 18
and need for parking. No parking is permitted along Ute Ave. Staff finds these criteria
to be met.
4. The maximum allowable density within a PUD may be reduced if there exists
insufficient infrastructure capabilities. Specifically, the maximum density of a PUD
may be reduced if.
a. There is not sufficient water pressure, drainage capabilities or other utilities to
service the proposed development.
b. There are not adequate roads to ensure fire protection, snow removal and road
maintenance to the proposed development.
Staff Findin :
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 sitefeatures. 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, rockfalls 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 naturalfeatures of the site.
Staff Fin
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 existing and expected development
pattern, land uses and characteristics.
Notes:
a. Lot sizes for individual lots within a PUD may be established at a higher or
lower rate than specified in the underlying Zone District as long as, on average,
the entire PUD conforms to the maximum density provisions of the respective
Zone District or as otherwise established as the maximum allowable density
pursuant to afinal PUD Development Plan.
b. The approved dimensional requirements for all lots within the PUD are
required to be reflected in thefinal PUD development plans.
Staff Findin :
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 thefollowing:
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 Findin :
The site has a great asset in the Roaring Fork River, which crosses the site. The Applicant
will abide by all requirements for stream margin review, which will help preserve the
riparian area. There is an existing path that crosses the stream margin area, and the applicant
Exhibit B — PUD Review Criteria
Page 10 of 18
has worked with the Parks and Community Development Departments on a new location for
the path that will minimize the impact to the hillside. The realigned path will also be
formally dedicated through a trail casement. 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.
Z Structures have been clustered to appropriately preserve significant open spaces and
vistas.
Staff Fin
No significant existing open spaces will be lost with this proposal, as the timeshare units are
proposed where the tennis courts are currently located. During Conceptual approval the
applicant amended the site plan to create a larger open space on the lower bench of the
property. Staff does not believe this has created a large enough area to preserve and enhance
views of the river and riparian area. The elimination or relocation of units 5 and 6 would
help alleviate staff s concerns. At this time, staff finds this criterion is not met.
3. Structures are appropriately oriented to public streets, contribute to the urban or rural
context where appropriate, and provide visual interest and engagement of vehicular
andpedestrian movement.
Staff Findin :
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 casement 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 it's unique location enable the design to be reflective of the
surrounding residences while providing a different take on the design that reflects the Club's
mission. Provision of more open areas on the site and the elimination of some of the mass
would help the overall design better relate to the rural context. The elimination of units 5 and
6 would help alleviate staff s concerns. At this time, staff finds this criterion is not met.
Exhibit B — PUD Review Criteria
Page I I of 18
4. Buildings and access ways are appropriately arranged to allow emergency and service
vehicle access.
Staff Findin :
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 4 of parking spaces decreased from 133 at conceptual to 132 at final). The existing
surface parking area accommodates fire truck turn arounds, 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 Findin :
According to the Application, the project will comply with all applicable requirements. This
has been included as a condition in the Resolution. Two of the Club units are ADA
Accessible, and a number of the other units include ADA bathrooms. As mentioned above,
the Club will dedicate an easement for the future completion of the Ute Avenue trail. Staff
finds this criterion to be met.
6. Site drainage is accommodated for the proposed development in a practical and
reasonable manner andshall not negatively impact surrounding properties.
Staff Findin :
According to a letter submitted by the Applicant's engineer, site drainage will be handled
with some drainage improvements to maintain historic runoff. Further, the Applicant's
engineer states that the timeshare units will have a similar footprint to the existing tennis
courts, so an expansion of the impervious surface will be minimal. The Applicant will be
required to pay the applicable Storm Water Fee assessed by the Engineering Department. If
areas are re -paved as part of the redevelopment, Staff recommends that the re -paving utilize
pervious paving materials. The applicant is working with the Engineering Department to
ensure runoff is properly treated. Staff finds this criterion to be met.
7. For non-residential land uses, spaces between buildings are appropriately designed to
accommodate any programmaticfunctions associated with the use.
Staff Findin :
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 andproposedJeatures
of the subject property. The proposed development shall comply with thefollowing:
The landscape plan exhibits a well designated treatment of exterior spaces, preserves
existing signijtcant vegetation, and provides an ample quantity and variety of
ornamentalplant species suitablefor the Aspen area climate.
Staff Findin :
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. Signijicant existing natural and man-made site features, which provide uniqueness
and interest in the landscape, are preserved or enhanced in an appropriate manner.
Staff Findin :
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 Findin :
The Applicant has provided a landscaping plan with a number of new plantings proposed.
This has been reviewed by the Parks Department, who is working with the applicant to
ensure proper native plants are used.
In terms of landscaping, staff finds that additional refinement is needed for the landscape
plan. The site is located near the urban/rural fringe, and as such the area has a more rural feel
than other areas of town. The elimination or relocation of units 5 and 6 on the lower bench
will help create the open space staff finds is needed in this proposal. The current landscape
plan includes a great deal of paving, and seems rather formal. Given the site's context, staff
believes less formal landscaping and less paving is needed.
The applicant is maintaining the existing Aspen Club trail that crosses the property, and is
creating a new trial easement that connects the river area to the Club building and the parking
area. There is an existing path that is being reconfigured (after consultation with the Parks
Department) and will be in the new trail easement. Only hand tools will be used in the
stream margin area for this path. The applicant is also creating a fisherman's easement.
Exhibit B — PUD Review Criteria
Page 13 of 18
Additionally, the applicant has committed to installing a sidewalk on their property along Ute
Avenue to help completed a needed pedestrian connection.
Overall, staff finds this criterion is not met.
E. Architectural Character.
1. Be compatible with or enhance the visual character of the City, appropriately relate to
existing and proposed architecture of the property, represent a character suitable for
and indicative of the intended use and respect the scale and massing of nearby
historical and cultural resources.
Staff Findin :
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 fa�ade of the club to be more articulated and pedestrian
friendly. Staff has concerns related to the massing of the proposal. In addition, the
proposal will be subject to final Commercial Design Review following approval of the
final PUD/SPA application. Staff anticipates having concerns related to the specific
Commercial Design Review Criteria, including Building Design and Articulation.
The applicant has proposed a water feature as part of the landscaping plan. This water
feature is located in the middle of the site and runs from the lower bench to the upper
bench. There are paths that run through the site to connect the timeshare units to the Club
and the parking areas. In addition, the applicant is providing a permanent trail easement
for the Aspen Club Trail that currently exists on site. The applicant worked with
planning staff and the fire department to come up with a way to provide adequate fire
access without creating additional paved areas. The solution is the installation of grass
pavers in portions of the upper bench area.
The elimination or relocation of units 5 and 6 would help alleviate staff s concerns. At
this time, staff finds this criterion is not met.
2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of
the property's solar access, shade and vegetation and by use of non- or less -intensive
mechanical systems.
Staff Findin :
The site plan utilizes the north/south exposure on the lot, and is participating in the new
LEED for Neighborhoods program. The applicant is also planning use of renewable energy,
Exhibit B — PUD Review Criteria
Page 14 of 18
including a Growth Source Heat Pump loop for heating and cooling, as outlined in their
Conceptual Energy & Mechanical Systems Plan. Staff finds this criterion is met.
3. Accommodate the storage and shedding of snow, ice and water in a safe and
appropriate manner that does not require significant maintenance.
Staff Findin :
The Applicant has included a detailed snow removal and storage plan as part of the final
application. This plan includes snow melt systems and onsite storage of snow. In addition,
the parking and fire access areas will be plowed. Staff finds this criterion to be met.
F. Lighting.
1. The purpose of this standard to ensure the exterior of the development will be lighted
in an appropriate manner considering both public safety and general aesthetic
concerns.
2. All exterior lighting shall in compliance with the outdoor lighting standards unless
otherwise approved and noted in thefinal PUD documents. Up -lighting of sitefeatures,
buildings, landscape elements and lighting to call inordinate attention to the property is
prohibitedfor residential development.
Staff Fin
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, thefollowing criteria shall be met:
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 builtJorm, and is available to the mutual benefit
of the various land uses andproperty users of the PUD.
2. A proportionate, undivided interest in all common park and recreation areas is deeded
in perpetuity (notfor a number ofyears) 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 Findinz:
There are no common spaces proposed as part of this application. Staff finds these criteria to be
not applicable.
H. Utilities and Publicfacilities.
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 unjustilled
financial burden. The proposed utilities and public facilities associated with the development
shall comply with thefollowing:
1. Adequate public infrastructurefacilities exist to accommodate the development.
2. Adverse impacts on public infrastructure by the development will be mitigated by the
necessaiy improvements at the sole cost of the developer.
3. Oversized utilities, public facilities, or site improvements are provided appropriately
and where the developer is reimbursed proportionatelyfor the additional improvement.
Staff Fin
The application states that all costs associated with public infrastructure improvements will
be borne by the Applicant. This includes the realignment of a sewer line. The Applicant's
new traffic study indicates that Ute Avenue can accommodate the proposal's traffic
generation. In addition, the applicant has created a comprehensive TDM plan to encourage
alternative modes of transportation for club users, club employees, affordable housing
resident, and timeshare owners. A safety plan, which includes speed tables and humps, for
Ute Ave has also been proposed to ensure the road is safer for pedestrians. The applicant has
committed to zero growth in traffic as a result of this project. The applicant has hired
consultants to assess the existing water flows to determine if adequate flows exist for fire
safety. The preliminary report indicates there are. The applicant is working with the City
Water and Fire Departments to confirm this. The applicant is also working with the
Engineering Department to ensure adequate drainage exists on the site.
While no net new truck delivery traffic is anticipated as part of this project, it was found after
Conceptual approval that the existing cul-de-sac does not have adequate pavement to meet
city standards. Some improvements to the existing cul-de-sac pavement will be needed to
accommodate truck traffic. The applicant is working with the Engineering Department to
determine to what extent the applicant is responsible for the improvements. Staff finds this
criterion to be met at this time.
L Access and Circulation. (Only standards 1 &2 apply to Minor PUD applications)
The purpose of this standard is to ensure the development is easily accessible, does not unduly
burden the surrounding road network, provides adequate pedestrian and recreational trail
facilities and minimizes the use of security gates. The proposed access and circulation of the
development shall meet thefollowing 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 Findin :
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.
Z The proposed development, vehicular access points, and parking arrangement do not
create traffic congestion on the roads surrounding the proposed development, or such
surrounding roads are proposed to be improved to accommodate the development.
Staff Findin :
The Applicant has submitted a Traffic Report that indicates the proposed parking
configuration will not adversely impact traffic levels on Ute Avenue or the adjacent
Intersections. The applicant has committed to no new traffic as a result of this development.
Staff finds this criterion to be met.
3. Areas of historic pedestrian or recreational trail use, improvements of, or connections
to, the bicycle and pedestrian trail system, and adequate access to significant public
lands and the rivers are provided through dedicated public trail easements and are
proposedfor appropriate improvements and maintenance.
Staff Findin :
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 Fin
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 IS
Staff Findinz:
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 Fin din :
There are no gates or guard posts proposed as part of this PUD. Staff finds this criterion to
be met.
I Phasing of Development Plan. (does not apply to Conceptual PUD applications)
The purpose of this criteria is to ensure partially completed projects do not create an
unnecessary burden on the public or surrounding property owners and impacts of an
individual phase are mitigated adequately. If phasing of the development plan is proposed,
each phase shall be defined in the adoptedfinal PUD development plan.
Staff Findin :
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
See. 26.590.070. Review standards for timeshare lodge development.
An applicant for timeshare lodge development shall demonstrate compliance with each of
the following standards, as applicable to the proposed development. These standards are
in addition to those standards applicable to the review of the PUD and Subdivision
applications.
A. Fiscal impact analysis and mitigation, Any applicant proposing to convert an
existing lodge to a timeshare lodge development shall be required to demonstrate
that the proposed conversion will not have a negative tax consequence for the City.
In order to demonstrate the tax consequences of the proposed conversion, the
applicant shall prepare a detailed fiscal impact study as part of the final PUD
application. The fiscal impact study shall contain at least the following comparisons
between the existing lodge operation and the proposed timeshare lodge
development:
1. A summary of the sales taxes paid to the City for rental of lodge rooms
during the prior five years of its operation. If the lodge has stopped renting
rooms prior to the time of submission of the application, then the summary
shall reflect the 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 rive (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
rive (5) years of its operation. This projection shall include a statement of the
Exhibit C — Timeshare Review Criteria
Page I of 7
expected value that will be assigned to the property by the Tax Assessor and
the applicable tax rate.
The fiscal impact study may also contain such other information that the
applicant believes is relevant to understanding the tax consequences of the
proposed development. For example, the applicant may provide information
demonstrating there will be "secondary" or "indirect" tax benefits to the
City from the occupancy of the timeshare units, in terms of increased retail
sales and other economic activity in the community as compared to the
existing lodge development. The applicant shall be expected to prove
definitively why the timeshare units would cause such economic advantages
that would not be achieved by a traditional lodge development. Any such
additional information provided shall compare the taxes paid during the
prior five (5) years of the lodge's operation to the first five (5) years of the
proposed timeshare lodge's operation.
If the fiscal impact study demonstrates there will be an annual tax loss to the
City from the conversion of an existing lodge to a timeshare lodge in any of
the specific tax categories (property tax, sales tax, lodging tax, RETT tax),
then the applicant shall be required to propose a mitigation program that
resolves the problem, to the satisfaction of the City Council. Analysis of the
fiscal impact study shall compare existing tax revenues for a lodging
property with anticipated tax revenues. The accepted mitigation program
shall be documented in the PUD agreement for the project that is entered
into between the applicant and the City Council.
Staff Fin din -es:
The proposal does not include any conversion of an existing lodge into a timeshare loge
development. Staff finds this criterion to not be applicable.
B. Upgrading of existing projects. Any existing project that is proposed to be
converted to a timeshare lodge development shall be physically upgraded and
modernized. The extent of the upgrading that is to be accomplished shall be
determined as part of the PUD review, considering the condition of the existing
facilities, with the intent being to make the development compatible in character
with surrounding properties and to extend the useful life of the building.
1. To the extent that it would be practical and reasonable, existing structures
shall be brought into compliance with the City's adopted Fire, Health and
Building Codes.
2. No sale of any interest in a timeshare lodge development shall be closed until
a Certificate of Occupancy has been issued for the upgrading.
Staff Findin-es:
The Applicant proposes an entirely new project, which does not include any conversion
of an existing lodge into a timeshare loge development. The new development will be
Exhibit C — Timeshare Review Criteria
Page 2 of 7
required to meet all City health, fire, and building codes. Staff finds this criterion to not
be applicable.
C. Preservation of existing lodging inventory. An express purpose of these
regulations is to preserve and enhance Aspen's existing lodging inventory.
Therefore, any proposal to convert an existing lodge or other property that provides
short-term accommodations to a timeshare lodge should, at a minimum, replace the
existing number of units on the property in the planned timeshare lodge. If the
applicant is unable to replace the existing number of units, then the timeshare lodge
development shall replace the existing number of bedrooms on the property or the
applicant shall demonstrate how the proposal complies with the purposes of these
regulations, even though the planned timeshare lodge will not replace either the
existing number of units or bedrooms.
Staff Findines:
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 Findinzs:
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 Findines:
Pursuant to section 26.515.030 of the Land Use Code, 0.5 parking spaces are required for
each key in a lodge development. There are a maximum of forty (40) keys, resulting in a
parking requirement of twenty (20) parking spaces for the timeshare units (40 * 0.5 = 20).
The Applicant has provided twenty (20) spaces in the sub -grade parking garage for the
timeshare units. Staff finds this criterion to be met.
2. The timeshare lodge development shall also provide an appropriate level of
guest transportation services, such as vans or other shuttle vehicles, to offer
an alternative to having owners and guests using their own vehicles in Aspen.
Staff Findinms:
The Applicant has provided a detailed Transportation Demand Management (TDM) plan
as part of the final application. The TDNI plan includes on -demand shuttle services to
and from the airport for owners and guests of the timeshare units. This service will
operate separate from their in town shuttle services. Additionally, the sales and
marketing materials will highlight the overall philosophy of the project (healthy living) as
well as the transportation options available at the club. These include the use of the Car
Share program, and on -site bikes. The applicant has also committed to having zero
growth in traffic trips as part of this project. Staff finds this criterion to be met.
3. The owner of a timeshare estate shall be prohibited from storing a vehicle in
a parking space on -site when the owner is not using that estate.
Staff Findin-es:
The timeshare owners will be prohibited from storing their cars in the garage when they
are not staying in their unit. Staff finds this criterion to be met.
F. Appropriateness of marketing and sales practices. The marketing and sale of
timeshare estates shall be governed by the real estate laws set forth in Title 12,
Article 61, C.R.S., as may be amended from time to time. The applicant and licensed
marketing entity shall present to the City a plan for marketing the timeshare
development.
Exhibit C — Timeshare Review Criteria
Page 4 of 7
1. The following marketing and sales practices for a timeshare development
shall not be permitted:
a. The solicitation of prospective purchasers of timeshare units on any
street, mail 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 Findinzs:
The Applicant has committed to incorporating all the above requirements in the final
timeshare instruments. These requirements are incorporated into the draft Disclosure
document. The 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 Findinjes:
The Applicant has committed to incorporating all the above requirements in the final
timeshare instruments. These requirements are incorporated into the draft Disclosure
Exhibit C - Timeshare Review Criteria
Page 5 of 7
document. The timeshare instruments will be recorded simultaneously with the
PUD/SPA Agreement. Staff finds this criterion to be met.
H. Compliance with State Statutes. The applicant shall demonstrate that the
proposed timeshare lodge development will comply with all applicable requirements
of Title 12, Article 61, C.R.S.; Title 38, Article 33, C.R.S.; and Title 38, Article 33.3,
C.R.S.; including the requirements concerning the rive (5) day period for rescission
of a sales contract and the procedures for holding deposits or down payments in
escrow.
Staff Fin dinzs:
The Applicant has committed to incorporating all the above requirements in the final
timeshare instruments. These requirements are incorporated into the draft Disclosure
document. The final timeshare instruments will be recorded simultaneously with the
PUD/SPA Agreement. Staff finds this criterion to be met.
1. Approval by condominium owners. If the development that is proposed to be
timeshared is a condominium, the applicant shall submit written proof that the
condominium declaration allows timesharing, that one hundred percent (100%) of
the owners of the condominium units have approved the timeshare development,
including any improvements to the common elements that the applicant may
propose, that all mortgagees of the condominium have approved the proposed
timeshare development and that all condominium units in the timeshare
development will be included in the same sales and marketing program.
Staff Findings:
The project currently does not have condominium owners. Staff finds this criterion to not
be applicable.
J. Prohibited practices and uses. Without in any way limiting any requirement
contained in this Chapter, it is unlawful for any person to knowingly engage in any
of the following practices:
1. The creation, operation or sale of a right -to -use interest or any other
timeshare concept which is not specifically allowed and approved pursuant
to the requirements of this Section. Right -to -use timeshare concepts (e.g.,
lease -holds and vacation clubs) are considered inappropriate in Aspen and
are not permitted.
2. Misrepresentation of the facts contained in any application for timeshare
approval, timeshare development instruments or disclosure statement.
3. Failure to comply with any representations contained in any application for
timesharing or misrepresenting the substance of any such application to
another who may be a prospective purchaser of a timeshare interest.
4. Manage, operate, use, offer for sale or sell a timeshare estate or interest
therein in violation of any requirement of this Chapter Or any approval
granted pursuant hereto or cause or aid and abet another to violate any
Exhibit C — Timeshare Review Criteria
Page 6 of 7
requirement of this Chapter or an approval granted pursuant to this
Chapter. (Ord. No. 21-2002 § 1 (part), 2002; Ord. No. 13-2005, § 5)
Staff Findings:
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
W. �011 I at
Chapter 26.470, Growth Management Quota System
Sec. 26.470.050.B. General requirements: All development applications for growth
management review shall comply with the following standards. The reviewing body shall
approve, approve with conditions or deny an application for growth management review based
on the following generally applicable criteria and the review criteria applicable to the specific
type of development:
1. Sufficient growth management allotments 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 Fin
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 Findin :
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 I of 10
new affordable housing rental units for Aspen Club Employees. A mix of category 2, 3, and 4
units are proposed, which will ensure the housing is accessible to a wide range of income levels.
Managing Growth:
The AACP Managing Growth Chapter lists one of the main goals of managing growth as "foster
a well-balanced community through integrated design that promotes economic diversity, transit
and pedestrian friendly lifestyles, and the mixing of people from different backgrounds." (Goal
E, pg 19). 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 local ly-involved" (Philosophy, pg 3 1). The Aspen Club
is owned by a variety of locals and non -locals, but it is a locally operated business. The stated
goal of this proposal is to provide a new health and wellness opportunity for residents and
visitors, and to use the money raised through the timeshare sales to subsidize programs for
locals. The Club currently provides services and events that are designed for locals, including
the "Tuesdays with Michael" program that highlights a local non-profit and their activities every
week in the summer, as well as periodic health lectures. Staff believes that the concept of this
application is a good one, and will go a long way toward furthering the goals outlined Aspen
Area Community Plan.
The Economic Sustainability section also states that it is important to "encourage resource
efficiency, environmental responsibility, and cultural and community sensitivity in local
organizations and in construction" (Policies, pg 32). The applicant used the new LEED for
Neighborhood standards in developing the proposal. This requires that development be done
using environmentally friendly techniques. To that end, the applicant is investigating ways to
minimize construction impacts, utilizing alternative renewable energies and various energy
efficient materials. The applicant has committed to no net new energy use as a result of this
project.
Arts, Culture, & Education:
The AACP states that "...arts, culture, and education are acknowledged as essential to Aspen's
thriving year-round economy, its vibrant international profile, and its future as a unique place to
live, work, and learn" (Philosophy. Pg 45). The Aspen Club currently works to promote the
Arts, Culture, and Education of the Aspen Area by supporting local non -profits through
provision of office space and financial support, and by facilitating educational and wellness
programs for Club members and community members at large. The applicant has pledged to
continue this commitment if the application is approved.
Exhibit D — GMQS Review Criteria
Page 2 of 10
Parks, Open 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,
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)
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 Findin :
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 Findin :
The project received conceptual commercial design review approval and conceptual PUD
approval. The final application is consistent with both those approvals. Staff finds this
criterion to be met.
5. Unless otherwise specified in this Chapter, sixty percent (60%) of the employees
generated by the additional commercial or lodge development, according to Subsection
26.470.100.A, Employee generation rates, are mitigated through the provision of
affordable housing. The employee generation mitigation plan shall be approved
pursuant to Paragraph 26.470.070.4, Affordable housing, at a Category 4 rate as
defined in the AspenlPitkin County Housing Authority Guidelines, as amended. An
applicant may choose to provide mitigation units at a lower category designation.
Staff Findin :
The applicant has committed to meeting the 60% employee mitigation number for the
Growth Management Review, which is the highest mitigation level outlined in the code for
lodge development.
The lodge development includes 62 bedrooms (ten 3-bedroom units, four 4-bedroom units,
four 3-bedroom units, and two 2-bedroom units). Land Use Code section 26.470.100.A.1
states that there are .5 FTEs per lodging bedroom. Therefore, the employee generation is 31
FTEs (62 lodge bedrooms * .5 FTEs = 31 FTEs). At a mitigation level of 60%, the required
mitigation for the project is 18.6 FTEs (31 FTEs * 60% = 18.6 FTEs).
Exhibit D — GMQS Review Criteria
Page 4 of 10
The applicant is providing twelve 2-bedroom affordable housing units. Land Use Code
section 26.470.100.A.2 states that each 2 bedroom unit houses 2.25 FTEs. Therefore, the
proposed 12 affordable housing units will house 27 FTEs (12 two -bedroom units * 2.25FTEs
= 27 FTEs). This is approximately 145% of the required affordable housing mitigation.
Staff finds this criterion to be met.
6. Affordable housing net livable area, for which the finished floor level is at or above
natural orfmished 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 thefinishedfloor level is at or above natural orfinished 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 Aspen1pitkin 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 Findin :
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, hut 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, §1)
Staff Findinv
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 deten-nine 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.
See. 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 thefollowing criteria, only enough to be
sufficiently considered "exceptional. ")
1) The proposal exceeds the minimum affordable housing requiredfor a standard
project.
Staff Findinv
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 Findinz:
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 AspenlPitkin 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 AspenlPitkin
County Housing Authority shall be consideredfor this standard.
Staff Fin
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:
I Maximum Income for Rental Units
Exhibit D — GMQS Review Criteria
Page 6 of 10
No. of Adults
Catego
Catego
Category
� 4
2
3
1 Adult
$49,000
$79,000
$129,000
2 Adult
$73,000
$119,000
$193,000
3 Adult
$85,000
$139,000
$225,000
Net Assets not in Excess
of.
$125,000
$150,000
$175,000
Staff finds this criterion to be met.
4) The proposal minimizes impacts on public infrastructure by incorporating
innovative, energy -saving techniques.
Staff Findinz:
The applicant is committing to a project that will contain no net new energy usage.
This is being done through upgrades to the existing Club building (insulation,
drainage, etc) and energy efficient building techniques, like radiant floors, energy
efficient materials, etc. In addition, the applicant is contemplating the use of solar
panels, and has committed to the use of Ground Source Heat Pumps (GSHP). The
project is participating in the LEED-ND program, and will exceed the City's adopted
energy codes. Staff finds this criterion to be met.
5) The proposal minimizes construction impacts to the extent practicable both during
and after construction.
Staff Findinz:
The applicant has provided a preliminary construction management plan, which
indicates the project will meet all applicable city code requirements related to
construction. A more detailed plan will be submitted at the time of the building
permit application.
Staff would like more detail on construction types. For instance, the applicant
indicated during the conceptual review that modular construction might be used in an
effort to decrease construction impacts. There is no information on the final
application regarding this issue.
At this time staff finds this criterion is met.
6) The proposal maximizes potential public transit usage and minimizes reliance on
the automobile.
Staff Finding:
The applicant has submitted a detailed Transportation Demand Management (TDM)
plan and traffic study that commits to a zero growth project in terms of traffic. The
TDM plan includes specific measures to reduce the reliance on the automobile and
increase use of alternative modes, including carpooling, biking, walking, and using
Exhibit D — GMQS Review Criteria
Page 7 of 10
shuttles. Specific measures are proposed for Aspen Club employees, those living in
the affordable housing units, owners and guests of the timeshare units, and members
and guests of the Aspen Club & Spa. The plan has been reviewed by the
Transportation Department. Staff finds this criterion is met.
7) The proposal exceeds minimum requirements of the Efflicient Building Code orfor
LEEDS certification, as applicable. A recommendation from the Building
Department shall be consideredfor this standard
Staff Fin
The applicant is participating in the LEED-ND pilot program, which requires specific
measures be taken to reduce the overall environmental footprint of the development.
The Applicant worked with Resource Engineering Group to do an energy use study of
the proposal (see Exhibit 2 in the Application Appendix D). The Applicant's goal is
to have the entire energy use on site after the development be equal to or less than the
energy used on site today. To do that, the applicant will use a Ground Source Heat
Pump (GSHP) loop for heating and cooling, improved insulation and HVAC systems
on the club building, and the use of radiant floors for efficient heating in the
timeshare and affordable housing units. The applicant has also committed to
exceeding the City's current energy code. Staff finds this criterion to be met.
8) The proposal promotes sustainability of the local economy.
Staff Findinz:
One of the applicant's stated goals with this project is to ensure that the Aspen Club
and Spa remain an economically viable business. The timeshare units will help
subsidize improvements to the Club and new programming opportunities. The Aspen
Club is a business that currently serves both locals and visitors, and the improvements
envisioned for the club will help ensure it is attractive to locals and visitors in the
future. Additionally, the provision of rental affordable housing for club employees
will provide opportunities for employees to put roots in the community. The
timeshare units will be subject to the Real Estate Transfer Tax (RETT) when they are
sold, creating tax revenue. Staff finds this criterion to be met.
9) The proposal represents a desirable site plan and an architectural design solution.
Staff Findinv
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 fayade 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 land
uses in the surrounding area and the purpose of the underlying zone district.
Staff Finding-:
The uses in the area are quite mixed, with commercial, single-family free market
residential, multi -family affordable housing, and non-profit uses all on the adjacent
properties. Along Ute Avenue, there are short term accommodations as well as a
variety of residential uses. Staff finds that the proposed use mix will fit in with and is
consistent with the variety of uses on the immediately adjacent parcels and the overall
context of Ute Avenue. Staff believes the proposed health and wellness program will
be a good addition to the existing Club services and to the community in general.
Overall, staff finds this criterion is met.
b. The project complies with all other provisions of the Land Use Code and has obtained
all necessary approvalsfrom the Historic Preservation Commission, the Planning and
Zoning Commission and the City Council, as applicable.
Staff Fin din :
Exhibit D — GMQS Review Criteria
Page 9 of 10
The Growth Management Reviews are part of a larger application. Assuming these
reviews are approved by City Council, this criterion is met.
c. The Community Development Director shall he directed to reduce the applicable
annual development allotments, as provided in Subsection 26.470.030.D, in subsequent
years as determined appropriate by the City Council.
Staff Findin :
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 20 10. 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 Findin :
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 Findin :
Staff believes that a number of the goals in the Aspen Area Community Plan are met, but has
some concerns relating to other aspects of the AACP. The Application meets a number of
AACP goals related to affordable housing, economic sustainability, and arts and culture, and has
made changes since Conceptual Review to meet goals related to transportation. The Applicant
has also made changes to the site plan, which Staff believes brings the project closer to meeting
the goals related to community character & design, and open space & environment. Overall,
Staff finds this review criterion to be met.
Housing:
The Applicant is providing 145% of the required Affordable Housing, which is an important step
in helping the community meet the Affordable Housing goals outlined in the AACP. The
Housing section of the AACP states the intent of affordable housing is to "create an affordable
housing environment that is appropriately scaled and distributed throughout existing and new
neighborhoods..." (Intent, pg 25). This development proposal mixes free-market commercial
and free-market lodging with affordable housing. The affordable housing is scaled to relate to
the adjacent Club building and other surrounding buildings.
This section also states that, "Our housing policy should bolster our economic and social
diversity, reinforce variety, and enhance our sense of community by integrating affordable
housing into the fabric of our town. A healthy social balance includes all income ranges and
types of people. Each project should endeavor to further that mix and to avoid segregation of
economic and social classes by project." (Philosophy, pg 25). This proposal would provide 12
new affordable housing rental units for Aspen Club Employees. A mix of category 2, 3, and 4
units are proposed, which will ensure the housing is accessible to a wide range of income levels.
Exhibit E — Rezoning Review Criteria
Page I of 6
Managing Growth:
The AACP Managing Growth Chapter lists one of the main goals of managing growth as "foster
a well-balanced community through integrated design that promotes economic diversity, transit
and pedestrian friendly lifestyles, and the mixing of people from different backgrounds." (Goal
E, pg 19). The proposal will promote a mix of backgrounds through the Club use as well as the
affordable housing residents and lodge visitors that will be on site. Additionally, a detailed
transportation plan is proposed that promotes pedestrian access to the site and the use of
alternative modes of transportation.
Economic Sustainability:
Further, the Economic Sustainability section of the AACP recognizes that "local ownership of
business helps maintain our community's unusual character, tends to return more money to the
local economy, and provides additional opportunities for upward mobility of people" and that
"the community and its governments should support local ownership as well as externally -owned
businesses that are locally -serving and locally -involved" (Philosophy, pg 3 1). 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 team" (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
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 area.
Design Quality:
The Design Quality section of the AACP asks that development "retain and encourage an
eclectic mix of design styles to maintain and enhance the special character of our community."
The section also states that "we favor diversity tempered by context, sometimes historical,
sometimes not, as opposed to arbitrariness. 'Context' refers first to region, then town,
neighborhood, and finally the natural and man made features joining a particular development
site. Decisions regarding scale, massing, form, materials, texture, and color must be first
measured by context. Contextual appropriateness transcends 'style' alone" (Philosophy, pg 42).
Staff believes the ideas put forward in the Application for a health and wellness facility are good
goals, and that the site plan changes at Conceptual have moved the proposal in the direction of
combining this goal with the proposed architecture. Further, Staff finds that the changes help
ensure the development will "enhance the special character of our community." The Aspen Club
site is unique, and this Application proposes a unique addition to the Club. Staff believes the
changes to the site plan begin to reflect these opportunities. In terms of uses, the project does a
good job of relating to the immediate context which is comprised of a variety of uses. In terms
of massing, staff is concerned that there is too much mass on the site given its context of being
on the urban/rural fringe. The elimination or relocation of units 5 and 6 would help better meet
the Design Quality section of the AACP.
Transportation:
The AACP has a number of goals and policies related to Transportation, including a policy that
new growth should be structured "on compact, mixed -use patterns that enable and support travel
by foot, bicycle, and public transportation for all types of trips" (Policies, pg 22). Additionally,
the Transportation Chapter includes goals to maintain and improve "the appeal of bicycling and
walking ... by adding sidewalk connections, replacing sidewalks, and requiring sidewalks as part
of development approvals, where appropriate..." (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
Exhibit E -- Rezoning Review Criteria
Page 3 of 6
along Ute Avenue to make walking and biking safer and more viable. The TDM plan includes a
commitment to continue use of the Cross Town Shuttle and the use of coordinated vans and
shuttles for employees as well as visitors who stay at other hotels but want to use the Aspen
Club. Coordinated pick up service at the airport is also proposed for the timeshare users. Staff
believes that the TDM plan meets the goals and policies of the AACP related to Transportation.
C. Whether the proposed amendment is compatible with surrounding zone districts and land
uses, considering existing land use and neighborhood characteristics.
Staff Findin :
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 Findinv
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,
sewagefacilities, water supply, parks, drainage, schools and emergency medicalfacilities.
Staff Findinjg:
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 Findinz:
The applicant has committed to ensuring the new development uses no more energy than the
existing development. This will be done through increased energy efficiency of the Aspen Club
building and the use of a GSHP loop.
There are some trees that need to be removed, but the applicant has worked with the Parks
Department to ensure the trees are properly mitigated for. In addition, the applicant is abiding by
all stream margin requirements.
Staff finds this criterion to be met.
G. Whether the proposed amendment is consistent and compatible with the community
character in the City.
Staff Findinv
The Rezoning is required because of the SPA designation (the SPA designation is required to
allow multi -family Affordable Housing and Lodging on the site). Other parcels in the immediate
area are also zoned with an SPA overlay (Silverlining Ranch and the Benedict Building). The
proposed development is consistent with the character of the area, as outlined in Review Criteria
C, above. Both Affordable Housing and Lodging are uses that are located throughout town and
are integral to the functionality of "Aspen the Resort" and "Aspen the Community". The city
has a number of small neighborhood lodges that are scattered throughout residential areas. This
proposal is similar to those lodges in term of size and character. Staff finds this criterion to be
met.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
Staff Findinje:
The neighborhood already contains a mix of uses and the lodging component would add to that
diversity. In addition, there have been no recent changes in the area or to the land use code that
address this kind of development. Staff finds this criterion is not applicable.
L Whether the proposed amendment would be in conflict with the public interest and
whether it is in harmony with the purpose and intent of this Title.
Staff Findinv
There is no known conflict regarding this application. There are a number of parcels with SPA
overlays in the area, and an SPA on this site would enable the creation of additional affordable
housing, which is a goal of the Aspen Area Community Plan. Staff believes that the SPA
Exhibit E — Rezoning Review Criteria
Page 5 of 6
designation would create a public benefit. It will allow affordable housing to be developed on
the parcel, which is not currently a permitted use in the underlying zone district. This will enable
the Club to house some of its employees that currently commute into Aspen, reducing impacts on
the transportation system and the entrance to Aspen. Further, the timeshare development will
enable to Club to continue to provide a home for many of the Valley's non -profits, and will
enable specialized programming to be made available to the public. Staff finds this criterion to
be met.
Exhibit E — Rezoning Review Criteria
Page 6 of 6
EXHIBIT F, SUBDIVISION
Chapter 26.480, SUBDIVISION
Section 26.480 of the City Land Use Code provides that development applications for
Subdivision must comply with the following standards and requirements.
A. General Requirements
1. The proposed subdivision shall be consistent with the Aspen Area Comprehensive
Plan.
Staff Findin :
Staff believes that a number of the goals in the Aspen Area Community Plan are met, but has
some concerns relating to other aspects of the AACP. The Application meets a number of
AACP goals related to affordable housing, economic sustainability, and arts and culture, and
has made changes since Conceptual Review to meet goals related to transportation. The
Applicant has also made changes to the site plan, which Staff believes brings the project
closer to meeting the goals related to community character & design, and open space &
environment. Overall, Staff finds this review criterion to be met.
Housing:
The Applicant is providing 145% of the required Affordable Housing, which is an important
step in helping the community meet the Affordable Housing goals outlined in the AACP.
The Housing section of the AACP states the intent of affordable housing is to "create an
affordable housing environment that is appropriately scaled and distributed throughout
existing and new neighborhoods..." (Intent, pg 25). This development proposal mixes free-
market commercial and free-market lodging with affordable housing. The affordable
housing is scaled to relate to the adjacent Club building and other surrounding buildings.
This section also states that, "Our housing policy should bolster our economic and social
diversity, reinforce variety, and enhance our sense of community by integrating affordable
housing into the fabric of our town. A healthy social balance includes all income ranges and
types of people. Each project should endeavor to further that mix and to avoid segregation of
economic and social classes by project." (Philosophy, pg 25). This proposal would provide
12 new affordable housing rental units for Aspen Club Employees. A mix of category 2, 3,
and 4 units are proposed, which will ensure the housing is accessible to a wide range of
income levels.
Managing Growth:
The AACP Managing Growth Chapter lists one of the main goals of managing growth as
"foster a well-balanced community through integrated design that promotes economic
diversity, transit and pedestrian friendly lifestyles, and the mixing of people from different
backgrounds." (Goal E, pg 19). The proposal will promote a mix of backgrounds through
the Club use as well as the affordable housing residents and lodge visitors that will be on site.
Additionally, a detailed transportation plan is proposed that promotes pedestrian access to the
site and the use of alternative modes of transportation.
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
extemally-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, & 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.
Exhibit F - Subdivision Review CriteTia
Page 2 of 6
Design Quality:
The Design Quality section of the AACP asks that development "retain and encourage an
eclectic mix of design styles to maintain and enhance the special character of our
community." The section also states that "we favor diversity tempered by context,
sometimes historical, sometimes not, as opposed to arbitrariness. 'Context' refers first to
region, then town, neighborhood, and finally the natural and man made features joining a
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 42j.
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 Findin
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 thefuture development of
surrounding areas.
Staff Fin
Staff believes that this development will not adversely affect the future development of the
area. Most of the area is at or near build out, so there is not a great deal of future
development opportunities. Staff finds this criterion to be met.
4. The proposed subdivision shall be in compliance with all applicable requirements
of this Title.
Staff Findin
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 Landfor Subdivision
a. Land suitability. The proposed subdivision shall not be located on land unsuitable
for development because offlooding, drainage, rock or soil creep, mudflow,
rockslide, avalanche or snowslide, steep topography or any other natural
hazard or other condition that will be harmful to the health, safety, or wetrare
of the residents in the proposed subdivision.
Staff Findin :
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 I% to
3% probability annually. The applicant and Engineering Department have agreed to have
the mudflow risk to be evaluated by the Colorado Geologic Survey. Staff finds this
criterion to be met at this time.
b. Spatial pattern efficient. The proposed subdivision shall not be designed to create
spatialpatterns that cause inefficiencies, duplication orpremature extension ofpublic
facilities and unnecessary public costs.
Staff Findin
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. Improvements. The improvements setforth at Chapter 26.580 shall be providedfor
the proposed subdivision. These standards may be varied by special review (See, Chapter
26.430) if thefollowing conditions have been met:
1. A unique situation existsfor 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, andlor the goals of the
community.
Z The applicant shall specify each design standard variation requested and
provide justilicationjor each variation request, providing design recommendations by
professional engineers as necessary.
Staff Findin
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 Fin
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
setforth at Chapter 26.630.
Staff Findin
The proposed subdivision is required to meet the School Land Dedication Standards pursuant
to Land Use Code Section 26.630. The Applicant has proposed to pay cash -in -lieu of
providing land. The Applicant has consented to paying the applicable school land dedication
fee at the time of building permit issuance for development within the subdivision. Staff
finds this criterion to be met.
F. Growth Management Approval. Subdivision approval may only be granted to
applications for which all growth management development allotments have been granted
or growth management exemptions have been obtained, pursuant to Chapter 26.470.
Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing
Planned Unit Development (AH-PUD) without first obtaining growth management
approvals if the newly created parcel(s) is required to obtain such growth management
Exhibit F — Subdivision Review Criteria
Page 5 of 6
approvals prior to development through a legal instrument acceptable to the City Attorney.
(Ord. No. 44-2001, § 2)
Staff Fin din
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
Exhibit Z.5
May 24, 2010 Public Hearing
Proposed Ordinance Language
Section 18: Transportation
The Applicant shall comply with all aspects of the Transportation Demand Management (TDM)
plan attached to this Ordinance (Exhibit A). The TDM Plan and the TDA Traffic Study
(attached as Exhibit B) shall be recorded as part of The Agreement.
The Applicant may update the traffic counts and TDM Plan prior to building permit submittal.
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.
Any updated traffic counts shall take place in the I" two weeks of March and the I" two weeks
of August.
The Applicant shall conduct a meeting to review the Transportation Demand Management Plan
with the City Staff prior to submittal for a building permit application. This meeting shall
include the Applicant, a representative of the Transportation Department, a representative of the
Engineering Department, a representative of the Environmental Health Department, and the
Community Development Department's case planner.
The Applicant shall be required to install a traffic counting system to monitor traffic on an hourly
and daily basis. The system to be installed shall be reviewed at the above referenced meeting
and must be approved by the Transportation Department prior to building permit submittal. The
Club Owner shall be responsible for the purchase, installation, and maintenance of the system.
The Club Owner shall also include a back-up method of counting traffic in the event that the
installed system malfunctions or does not work at any time.
A semi-annual Report covering January through June and July through December shall be
provided to the Transportation, Engineering, Community Development, and Environmental
Health Departments by January 15 and July 15 annually for 4v,—tcnL]_0)_years after the project
receives a CO. The report must indicate both daily and hourly traffic counts. The Report shall
also include the status of required TDM program components. For each year the Club does not
meet the zero growth goal, the annual reporting obligation shall be extended by one year. If staff
reviews the report and finds it is not in compliance with the TDM Measures or does not include
the required reporting information, the issue(s) shall be brought to City Council for discussion
and action if needed.
If the Club does not meet the zero growth goal for two (2) years in a row, they shall be required
to pay one-half (1/2) the Annual cost of operating the Cross -Town Shuttle (at the rate in effect at
that time), and institute paid parking at the Club until they can show they have met the zero
growth goal in some other way, as approved by the Transportation, Engineering, Environmental
Health, and Community Development Departments.
Exhibit Z.5
May 24, 2010 Public Hearing
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 * * Average Annual Daily
Trips, ** average AM peak trips, and ** average PM peak trips. A revised traffic study shall be
required prior to submittal for a Building Permit. This study shall be conducted daily for a one
year period and shall include daily and hourly counts. The Transportation and Engineering
Departments shall approve the method of the traffic study before it is conducted. The study shall
be used to update this TDM Plan, including but not limited to, listing the Average Annual Daily
Trips, AM Peak Trips, and PM Peak Trips off of Ute Avenue.
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 Club Transportation Coordinator shall manage all TDM programs
in perpetuity, and shall be responsible for the continued operation and maintenance of the traffic
counting system. In addition, the Aspen Club will remain an active member of the City's
Transportation Options Program, with the Transportation Coordinator acting as the City's
contact.
TARGET GROUPS
A unique challenge associated with this project is the existence of a variety of user groups with
distinct needs. The Aspen Club Living TDM program establishes a variety of tools targeting the
following groups:
a Employees commuting to the Club
Ordinance No 2, Series 2010, Exhibit A
Aspen ClubTDIA Plan
Page I of 12
0 Employees living on -site in Aspen
Club affordable housing
Club members
Club guests
* Aspen Club Living owners
Exhibit Z.5
May 24, 2010 Public Hearing
Ordinance No 2, Series 2010, Exhibit A
Aspen Club TDM Plan
Page 2 of 12
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Exhibit Z.5
May 24, 2010 Public Hearing
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
Scheduie
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.
a. This service will be provided half-hourly from 7 AM to 9 PM every day during the peak
summer and winter seasons. (Peak summer season is defined as Food and Wine
Weekend — Labor Day; Peak winter season is defined as December 15th — the Close of
the Ski Mountains.) These hours may be increased or decreased depending on actual
demand experience, but will not be less 13 round trips daily operating at approximately
the morning (8-9:30am), mid -day (12-1:30pm) and evening (4-6:00pm) peak hours, on
the half hour and the hour.
b. During shoulder seasons and before 7 AM and after 9 PM, there will be scheduled service
that at a minimum remain within those trip numbers outlined above unless agreed
otherwise with the Transportation department. A reduced service schedule in the off-
season may be appropriate.
c. Without the minimum level of service in place described above, the Club will be required
to contribute a fee equal to 13 trips per day to the operation of the Cross Town Shuttle.
Exhibit Z.5
May 24, 2010 Public Hearing
d. Service to the airport will be provided separately from the scheduled in -town service in
order to keep the in -town service on a fixed schedule. In addition, the airport service
shall be provided on -demand only to avoid unnecessary trips.
Phasing
A complete shuttle plan detailing the Club shuttle route(s), schedule and stops must be approved by the
City of Aspen Transportation Department no later six months prior to the issuance of a Certificate of
Occupancy. This plan must meet the conditions discussed above.
As an alternative to operating a fixed route service, the Aspen Club may contribute to the operation of the
Cross Town Shuttle as discussed above. If this arrangement is selected, the Club's van service will
operate on -demand only in order to minimize trips. If this arrangement is selected, a detailed on -demand
shuttle plan must be approved by Transportation staff no later than six months prior to the issuance of a
Certificate of Occupancy.
ON -DEMAND ASPEN CLUB SHUTTLE
The Aspen Club will provide an on -demand shuttle service to serve guests traveling to/from the airport
and other areas not served by the fixed route service.
Details
Schedule
a. Shuttle vehicles will be reduced emissions or zero -emission.
b. On -demand service will be free and available to Club members, owners and guests.
c. On -demand service is meant to serve as a backup to fixed route service and will not
replace fixed route service during peak summer and winter.
d. On -demand service may replace fixed route service during off seasons.
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.
Exhibit Z.5
May 24, 2010 Public Hearing
BUS PASS SUBSIDY
The Aspen Club will provide reduce priced bus passes for employees to use RFTA. The Club currently
subsidizes 50% of employee's bus passes. Subsidized bus passes will remain in place.
Phasing
This subsidy is currently in place. The program must be marketed to employees, with marketing
measures to be provided to Transportation no later than six months after the date of issuance of Certificate
of Occupancy. Measure to remain in place in perpetuity unless approved for discontinuance by the
Transportation Department.
CARPOOL MATCHING
The Aspen Club will organize carpools for employees who have to commute to the Aspen Club.
Details
a. First priority will be to match employees with other employee via the Club's
Transportation Coordinator.
b. Carpool matching will be discussed during new hire orientation.
c. If no match is found in-house, the City of Aspen TOP program and carpool matching
software will be used to search for external matches.
Phasing
This program must be approved by Transportation Department and in place no later than six months after
the date of issuance of Certificate of Occupancy. The program must be marketed to employees, with
marketing measures to be provided to Transportation no later than six months after the date of issuance of
Certificate of Occupancy. Measure to remain in place in perpetuity unless approved for discontinuance by
the Transportation Department.
Exhibit Z.5
May 24, 2010 Public Hearing
CARPOOL PARKING
Preferential carpool parking spaces will be provided for carpooling employees. A minimum of 3 carpool
spaces will be provided and located in the parking area on Lots 14A & 14W closest to the path to the
Aspen Club.
Details
a. Carpool spaces will be designated with signage.
b. Approved carpools will be provided with a tag or permit to allow access to preferential
spaces.
c. Carpool parking spaces will be monitored by Transportation Coordinator.
d. Employees parked in carpool spaces without appropriate permits/tags will be written up.
Phasing
This program must be approved by Transportation Department and in place no later than six months after
the date of issuance of Certificate of Occupancy. Measure to remain in place in perpetuity unless
approved for discontinuance by the Transportation Department.
RESTRICTED PARKING
Employee parking will be limited to the Crystal Lake Parking lot located on Lots 14A & 14W.
Details
a. Employee parking is not allowed in Ute Avenue parking lot.
b. Preferential parking will be provided for employees who carpool.
c. Parking area will be monitored by Transportation Coordinator.
d. Employees parked inappropriately will be written up.
Phasing
This measure is currently in place. Measure to remain in place in perpetuity unless approved for
discontinuance by the Transportation Department.
NEW HIRE ORIENTATIONS
At all new hire orientations, the Aspen Club will provide information on all the different employee
options for commuting to the Club and reducing traffic on Ute Avenue.
Exhibit Z.5
May 24, 2010 Public Hearing
Phasing
This program must be approved by Transportation Department and in place no later than six months after
the date of issuance of Certificate of Occupancy. Measure to remain in place in perpetuity unless
approved for discontinuance by the Transportation Department.
EMPLOYEE INCENTIVE PROGRAM
The Aspen Club will create incentive plans for carpoolers, bikers, walkers and RFTA riders.
Details
a. Program will consist of gift cards, punch cards, prize drawings or end of season raffles.
Phasing
Program must be in place no later than six months after the date of issuance of Certificate of Occupancy.
Program must be marketed to employees, with marketing measures to be provided to Transportation no
later than six months after the date of issuance of Certificate of Occupancy. Measure to remain in place in
perpetuity unless approved for discontinuance by the Transportation Department.
EMERGENCY RIDE HOME PROGRAM
As a member of TOP, the Aspen Club will work with the City in implementing an Emergency Ride Home
Program for employees who take the bus to work, but for one reason or another (e.g. sick child) need to
get home in a hurry. This will give employees a sense of comfort that they can take the Bus into town but
get home quickly if they need to.
Details
The Aspen Club will be responsible for any trips taken beyond the TOP program's budgeted limit
each year.
Phasing
This measure is currently in place. Measure to remain in place in perpetuity unless approved for
discontinuance by the Transportation Department.
Exhibit Z.5
May 24, 2010 Public Hearing
MEMBER INCENTIVE PROGRAM
The Aspen Club will create an incentive system for members who walk, ride their bikes or take either our
shuttle or the Cross Town Shuttle to and from the Club.
Details
a. Information on this incentive system will be provided in membership materials.
b. Members will have a punch card system to track their use of alternative transportation.
c. Incentives will potentially consisting of gift cards, prize drawings or end of season raffles
for prizes and rewards.
Phasing
Program must be in place no later than six months after the date of issuance of Certificate of Occupancy.
Measure to remain in place in perpetuity unless approved for discontinuance by the Transportation
Department.
HOUSING PREFERENCE
Preference for access to On -Site Affordable Housing would be given to employees who agree not to park
a car at the Aspen Club. The Club will also develop move -in packets that will provide information on all
alternative transportation programs provided in Aspen.
Phasing
Program to be in place before first tenants move in and to remain in place for future tenants.
CAR RENTAL DISCOUNT
Arrangements will be made with a local car rental company for discounted car rentals.
Details
a. The Club will arrange for discounted car rentals for our employees who live on -site as
well as for Aspen Club Living owners.
b. Trips will be charged at the negotiated discounted car rental rates.
Exhibit Z.5
May 24, 2010 Public Hearing
BICYCLE FLEET
Shared bicycles will be available for employees as well as tenants of employee housing and Aspen Club
Living owners.
Details
a. A minimum of four bicycles will be available at program outset.
b. Bicycles will be maintained by the Club's maintenance staff.
c. A check out / check in system such as using electronic ID card will be implemented for
use.
d. The program may expand as needed based on usage.
Phasing
Program must be in place no later than six months after the date of issuance of Certificate of Occupancy.
Program must be marketed to employees, with marketing measures to be provided to Transportation no
later than six months after the date of issuance of Certificate of Occupancy. Measure to remain in place in
perpetuity unless approved for discontinuance by the Transportation Department.
CARSHARE PROGRAM
A Carshare vehicle will be available, on -site, for employees living in affordable housing as well as for
Aspen Club Living owners.
Details
a. Prior to opening of the project, the Aspen Club and Transportation Department will
determine how to best structure this program, possibly using the services of CAR TO
GO, or possibly being operated by the Aspen Club.
b. Issues to be addressed include:
Ownership of vehicle
ii. Access to the vehicle
iii. Payment of maintenance and operating costs
Exhibit Z.5
May 24, 2010 Public Hearing
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:
I . 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:
The Applicant shall be required to install a traffic counting system to monitor traffic on an hourly
and daily basis. The Club is responsible for the purchase, installation, operation, and
maintenance of the system. The Applicant shall also include a back-up method of counting traffic
in the event that the installed system malfunctions or does not work at any time. The system to be
installed shall be reviewed and approved by the Transportation and Engineering Departments
prior to building permit issuance. A semi-annual Report covering January through June and July
through December shall be provided to the Transportation, Engineering, Community
Development, and Environmental Health Departments by January 15 and July 15 annually for
tWe-ten (10) ears after the project receives a CO. The report must indicate both daily and hourly
traffic counts. The Report shall also include the status of required TDM program components.
For each year the Club does not meet the zero growth goal, the annual reporting obligation shall
be extended by one year. If staff reviews the report and finds it is not in compliance with the
TDM Measures or does not include the required reporting information, the issue(s) shall be
brought to City Council for discussion and action if needed.
2. Survey of above target groups to ensure their knowledge of and participation in the programs.
Annual surveys must be pre -approved by the Transportation Department.
3. Results will be summarized in Memorandum form complete with tabulations and charts so that
year-to-year trends are readily apparent.
4. The Transportation Department may require interim check -ins as necessary.
Exhibit Z.5
May 24, 2010 Public Hearing
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 (610 trips per day, 54 AM peak trips per hour,
and 64 PM peak trips per hour), then the Applicant shall also be required to update the TDM Plan. This
update must be conducted prior to submission for a building permit, and must be reviewed by the
Transportation, Engineering, Environmental 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, Engineering, Environmental Health, and
Community Development Departments that shall include, but is not limited to, 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
• converting parking spaces to carpool only spaces
• other measures as approved by the Departments listed above
If the Club does not meet the zero growth goal for two (2) years in a row, they shall be required
to pay one-half (1 /2) the Annual cost of operating the Cross -Town Shuttle (at the rate in effect at
that time), and institute paid parking at the Club until they can show they have met the zero
growth goal in some other way, as approved by the Transportation, Engineering, Environmental
Health, and Community Development Departments.
bj,�AET�bm Aff�wyit _P E)h b+ 'L - b
Jessica Garrow aqdad4m CS.4 sfv)(�
From: Richard cle Campo [rdecampo@billposs.coml
Sent: Thursday, May 13, 2010 9:26 AM
To: Jessica Garrow
Cc: Michael Fox; vannassociates@comcast.net; Chris Ridings
Subject: alternate options
Attachments: 2713.00—REMASSING UTE AVENUE VIEW-2010.05.12.pdf; 2713.00—REMASSING
PARKING LOT VIEW 2010.05.12.pdf; 5-12-10ACL-LandscapeSitePlan.pdf; 1-25-IOACL-
Landscape P an-Sht20_pdf
Importance: High
Jessica —
Per Michael Fox's request, here is requested information about alternates to our proposed site plan.
Option #1 is a plan you received earlier this year showing Unit 5 combined with Units 1-4 and Unit 6 combined
with units 7-10. (Attached plan dated 1-25-10.) This creates a single, wider open space connection between the
upper "Entry" bench and the riparian area, but it also tends to make the buildings more of a "wall" of units,
which was something that both staff and P&Z directed us away from, and toward smaller clusters of buildings, in
order to better relate to the residential scale of surrounding single-family residences. The view to the riparian
corridor from the upper and lower patios is more cut off with this approach, so it seems to negate the intended
effect of providing more of a visual connection, at least from that side, which is used for a variety of functions
and is more important than the parking lot side.
Option #2 is the suggestion to relocate Units 5 & 6 to above the Club units on the west side. (Attached plan
dated 5-12-10.) Although that does the best job of opening up the connection from the patios and entry to the
riparian area (see attached site plan), it does so at a significant height and bulk impact to Ute Avenue, the 10"
Mountain Housing to the west, the affordable housing to the south, and the single family residences to the
southwest. Using the same floor -to -floor distance of 12'-0" (which will yield an interior finished ceiling height of
approximately 9') the Club building now exceeds the 28' height limit by ten to twelve feet along the west edge
of the building as one drives in to the complex (and possibly more at the elevator shaft on the parking lot side.)
This would be more of an impact to most of the public than leaving Units 5 & 6 where they are proposed. We
have attached comparative views (of the Club units as currently proposed, and with Option #2) from a Ute
Avenue vantage point at the driveway entrance, and from the parking lot looking at the NW corner of the Club
building, which is what you would see when driving out. The east part of the Benedict Building would also be
impacted, although their view of the Club is mostly obscured by trees in the summer.
Option #3, as requested by the Planning Department, was to investigate the possibility of merging Unit #5 into
the width of the footprint currently occupied by Units 1-4, and merging Unit #6 into the width of Units 7-10. The
3-bedroom townhouse units were originally designed with a 24'-0" overall width, which was reduced to 23'-0"
(along with a reduction in length) to achieve an approximate 10% size reduction as requested during conceptual
P&Z hearings. To put 5 units in the space of 4 would effectively create units with an 18'-6" overall width. At this
point, we have not investigated how this width could work for townhome layouts, but are skeptical that they
could work appropriately for the desired livability. In the current proposed designs (per floor plans on Sheet 12
of the PUD application) the internal bedroom length is about 15', with baths, closets, stairs and circulation
taking the balance of the unit width. If the overall unit width gets reduced to 18'-6 (approximately IT-6"
internally), the bedrooms get turned sideways in order to still fit a stair and circulation within the overall width.
To make that configuration work, it would probably add at least 10 feet to the length of the townhouses and
compromise the livability. Since the river townhouse units have to be set back from the top of slope, and the
parking footprint cannot be reduced in width while still providing fire -truck turning access, the space between
Units 1-5 and the garage would be compressed from 40' to about 30' or less with about a 12' high wall to the
parking structure. That starts to feel more like a narrow, urban streetscape than a comfortable green space in
front of the townhomes. The intent for these 3 and 4 bedroom units was that they were designed to function for
extended family stays, not as typical short-term hotel rentals.
In the past, we considered a number of site alternatives during the conceptual review process. Given the earlier
feedback from planning staff and P&Z, the current site plan appears to have the best positive benefits, and was
approved at the conceptual level. Re -opening this issue in front of Council, who have not seen a lot of the previous
iterations, could force not only a tremendous amount of re -work and coordination of the utility, lotting, access and
other issues, but also result in trade-offs to mass and scale, which we don't think would be beneficial for the public or
neighbors of the club. The concept of relocating Units 5 & 6 is possible, but the options seem to move the design in the
wrong direction. Thank you and other planning staff for your review of this information.
RICHARD L. de CAMPO, AIA, PE, LEED AIR
ARCHITECT I SENIOR ASSOCIATE
P 0 S S ARCHITECTURE + PLANNING
605 EAST MAIN STREET
ASPEN, COLORADO 81611
(t) 970/925-4755
(f) 970/920-2950
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Exhibit Z.12
May 24, 2010 Public Hearing
Aspen Club Living
Envisioned Programming
May 11, 2010
Aspen Club Living will enable us to create a broad range of exceptional programming
that will be available to members, Aspen locals, residence owners and weeklong visitors.
Much of the programming will be available throughout the year, while some of the
special programs below will be run only during certain weeks of the year. As part of the
new Aspen Club Living residences we will develop cutting edge healthy living programs.
Below are examples of the types of programs we are planning to create over time at
Aspen Club Living:
ASDeR Club Peak Performance Proeram
Aspen is a town that is passionate about sports. Aspen Club Living will offer continual
programs for members and non-members to work toward their peak personal
performance.
The Aspen Club Peak Performance Program is the chance to take your game to the next
level, whether you're a novice or professional athlete. With guidance from your own
personal team of expert coaches, you'll sharpen the skills, abilities and mindset needed to
improve all aspects of your performance.
Whether you want to improve your skills, run faster, climb higher, bike harder, train more
efficiently, enhance concentration, learn to relax or find your way to the perfect putt, our
integrated professional team will coordinate efforts and expertise to boost your athletic
performance.
The basic Aspen Club Peak Performance Program will include these core elements as
modules for specific performance areas:
• Pre-program interviews with a program guide
• Initial consult with a program guide
• 50-minute Sports Medicine consultation
• Laboratory testing
• DEXA Body Composition
• V02 Min/Max
• Metabolic testing
• Two exercise physiology consultations (testing strength and flexibility)
• Nutrition consultation
• Two Performance Enhancement sessions
• Final wrap-up session with a program guide
Exhibit Z.12, Programming Information
Page 1of6
Exhibit Z.12
May 24, 2010 Public Hearing
The program will then be tailored to the goals of each participant with additional
activities and services. The Peak Performance Program is an ongoing program that will
build on our existing expertise in Sports Performance and experience in training world
class athletes.
Aspen Club Health Pro2rams
Though the Aspen Club Living project we will look to develop programs that delve into a
specific health topic with a customized experience, lasting from one week to many years,
that addresses your concerns and starts locals and visitors alike on their healthiest path.
Aspen Club Living will offer continual programs for members and non-members to focus
on specific issues affecting their health. Specific programs could include:
Aspen Club Stress Management
With our Aspen Life Stress Management program, you'll learn how to control
your body's response to stress with a basic prevention evaluation, heart rate
variability test, and behavioral health consultations.
Aspen Club Weight Management
Permanent weight loss and maintenance depend on following a long-term plan.
We can develop the best strategies for you. This program includes a
comprehensive medical/nutrition weight -loss consultation, exercise for weight
loss session and a behavioral health consultation.
Aspen Club Executive Health Program
Give yourself the best chance at a healthy future with an extensive, in-depth
Aspen Life executive health program. Spend one-on-one time with top
professionals at the Aspen Club, exploring all aspects of your well-being profile.
You'll take away a full health assessment and practical strategies developed from
an integrative perspective, including nutrition, fitness, lifestyle and preventive and
considerations of heredity and preference.
Aspen Club - Living with Diabetes Program
Living with Diabetes can be a challenge. Let an experienced team of Aspen Club
professionals work with you to unravel the mysteries of blood glucose levels,
exercise and healthy eating. Learn how to effectively manage your diabetes and
enhance your ability to live a healthy life.
Aspen Club Integrative Medicine Program
Exhibit Z.12, Programming Information
Page 2 of 6
Exhibit Z.12
May 24, 2010 Public Hearing
We will develop a comprehensive integrative medicine package that is ideal for
people with multiple medical issues or symptoms or those who need more
education on using this approach. You will meet with a physician and nutritionist
who will offer recommendations and prepare a personalized integrated treatment
plan.
We envision that all of these programs would be run on a continual basis with certain
weeks of the year scheduled for very specific seminars and retreats focusing in defined
areas.
Aspen Club Living — Corporate/Professional Sports Team Retreats
Currently the Aspen Club does a limited number of corporate retreats each year. We plan
on growing this capability to create a corporate/professional sports team retreat program
for local and national businesses that will energize, inspire and bring out the best in every
participant. Aspen is an ideal setting for business meetings, strategic planning sessions,
executive retreats and incentive vacations.
Whether the goal is team -building or just taking time away from the harried workplace
after a long season, this will be a relaxing health retreat environment that helps
participants reach their personal and professional potential. Aspen Club Living can
create an experience that each team will never forget including:
Group Experiences. Teams will learn about themselves and one another in
enlightening workshops and experiences while having access to world class
restaurants and activities.
Team -Building Adventures. Teams will get to know each other in different ways
through outdoor activities including hiking, biking, rock climbing, white water
rafting, skiing, snowshoeing and parasailing.
Healthy Lifestyle Suggestions. Companies can encourage busy staff members or
clients to take time for their health.
Choices & Opportunities. Teams can explore various aspects of wellness and
lifestyle through consultations with Aspen Club experts. Concentrate on
relationships, productivity, wellness in the workplace, and more.
High End Sports Training
Aspen Club Living — Life Enhancement Program
Exhibit Z.12, Programming Information
Page 3 of 6
Exhibit Z.12
May 24, 2010 Public Hearing
We will look to develop programming where customers can immerse themselves in the
exhilarating, all -healthy, change -your -life experience of the Aspen Club Living — Life
Enhancement Program. This weeklong program will inspire and educate people about
their astounding possibilities. Whether participants have a specific medical concern or
just want to learn more about healthy living, they will find the perfect balance of physical
activity, private time and workshops tailored to their interests.
The Life Enhancement Program focuses on self-discovery, preventive and supportive
care, and the development of positive lifestyle habits. This will be one of the core
programs for our members and for residence owners. In addition, there will be special
weeks and programs in which guests can explore a targeted wellness concern. They will
have an invigorating, unforgettable experience and, most important, they'll learn how to
keep that healthy feeling for life.
The Life Enhancement Program is an organized, in-depth approach to healthy living —
which means staying fit, having fun, finding balance and becoming more of the person
you want to be.
Participants in this program will enjoy a lively and engaging schedule including exercise,
hands-on classes, workshops and group discussions. The schedule also gives participants
flexibility to explore their personal interests as well as the magic of Aspen.
Life Enhancement Program includes:
Classes, workshops, group discussions and fitness activities
Medical evaluation during the program and personal time with a physician to review
results
Group exercise classes
Spa services
Nutritionally balanced gourmet meals each day
Use of all Aspen Club facilities
Examples of envisioned programs include within Life Enhancement:
Heart Health
This weeklong program is for people who are at risk for heart disease or have had
a heart attack can learn strategies for taking a more active role in prevention and
recovery.
Aspen Women's Retreat
Exhibit Z.12, Programming Information
Page 4 of 6
Exhibit Z.12
May 24, 2010 Public Hearing
This weeklong program is developed for women in midlife and focuses on issues
such as life balance, developing and enjoying a healthy lifestyle, understanding
your body's changes and dealing with unexpected challenges.
Thriving with Arthritis
This weeklong program is focused on helping people with arthritis, fibrornyalgia,
osteoporosis, and lupus enjoy a more active lifestyle through a combination of
exercise, nutrition and stress management.
Optimal Aging
This weeklong program explores how to live better longer with the right combination of
diet, exercise and stress management.
Ongoing WorkshoDs. Retreats and Seminars
We will hold an array of weeklong workshops for yoga, Pilates, meditation, cancer
survivors, biking, hiking, skiing, snowboarding, orientecring, mountaineering, etc.
The new residences provide a residential base to develop destination programs focusing
on a myriad of health and lifestyle opportunities. These programs will be open to our
members and the general public.
The Aspen Club is an ideal setting for these types of retreats. Similar to our focus of
creating a community with our residence owners, we envision these programs creating a
devoted community of followers who come back annually to Aspen and their newfound
friends.
Exhibit Z.12, Programming Information
Page 5 of 6
Exhibit Z.12
May 24, 2010 Public Hearing
Aspen Club Living
Outdoor Programming
The Aspen Club currently has one space for outdoor classes such as Yoga, Pilates and Tai
Chi and an outdoor deck for events and parties. With the remodel of the Aspen Club we
are looking to expand from two areas to three areas for outdoor programming. Given the
short summer season and cold momings deep into the spring and starting in the early fall,
the realistic season for summer programming is short - roughly three months.
In the current Club configuration, we are planning three very different outdoor areas.
The first outdoor space planned into the remodeled Club is an upgraded deck for events
and parties. This will be similar to the current outdoor deck, with a lower and upper area
and will allow us to have fun gatherings with up to 200 people in a beautiful outside
setting. It is directly connected to the Club and will allow easy access for our members
and guests. The second space will be a multipurpose outdoor exercise area on a rooftop
garden over the existing entrance to the Club. This space will allow us to do outdoor
exercise classes, such as body pump and aerobics, and outdoor personal training and its
proximity to the building will allow for plenty of storage of fitness equipment. Finally
we are planning a neat Yoga, Pilates and Tai Chi area in a secluded spot between units 6
and 7. The location of this space will allow the Yoga, Pilates and Tai Chi classes to be
conducted away from the Club and connect to the outdoors, especially the river. One of
the things we have found, especially with Yoga and Pilates classes, is that participants
like a sense of privacy while they are practicing. Getting in and out of certain poses can
be difficult and awkward and having the outdoor Yoga and Pilates area slightly secluded
and away from foot traffic, yet connected back to the river creates a very appealing
location. The three spaces give us plenty of flexibility to offer exciting outdoor
programming in the summer and given all of the other outdoor activities available right
from the Club, such as the Northstar Preserve and the Ute Trail, we don't envision the
need for further outdoor spaces on site.
In the primary alternative configuration, for the Club, the rooftop garden and the deck for
events will remain in their existing locations. The Yoga, Pilates and Tai Chi classes will
move to an area between the pathway to the Club and unit 6. The exercise area will be
approximately the same size as the requirements for the space do not change. It will be
on the path to the Club. This location is a less functional as it is not as private and will
not be the secluded environment that participants in Yoga and Pilates want. The area
between the path and unit 5 will be landscaped with trees and shrubs.
The weather will be beautiful and we're taking summer fitness outdoors! You will
absolutely love exercising at these beautiful locations! We invite you to enjoy the beauty
of nature, nurture your spirit, indulge all your senses, breathe in the fresh air, become
enveloped by the gently filtered sunlight through the trees, and listen to the soothing
sounds of the Roaring Fork River. We hope you'll join us outdoors at the Aspen Club
throughout the summer.
Exhibit Z.12, Programming Information
Page 6 of 6
- -2
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We elect city council members to follow the law. They are our elected representatives to
enforce existing land use codes throughout the city. Council should make no exceptions
for a particular landowner in a neighborhood to change the "use" of a particular land use
code, just because it can. Once this happens, it can happen in any neighborhood.
The existing Aspen Club is asking for a timeshare hotel, where no change in "use" has
been made for decades from this RR Zone, rural residential zone. It has been single and
multi family use, but never a hotel timeshare use.
There has never been a determination or a Master Plan that says an addition of a
timeshare hotel is "needed" in this location. In fact the previous application was going to
be denied. There was no substantial change to this neighborhood to justify a change to
its zoning.
If it were proven that a timeshare hotel in this neighborhood was needed, then the
applicant could say, it is a public beneJit, because we need a time share hotel.
Instead, the applicant is saying that we need an Aspen Club, and the only way we can get
it is by "inserting" a timeshare hotel, in a RR zone and change its"use'. This is just to
bail out the developer, and to finance a "new use", not maintain the existing use of the
Club,
The development and expansion of the club itself, should be of "great public benefif'-
not some other benefit such as a" timeshare hotel". The great public benefit is only
benefiting the developer and not the community at large.
Council's mission is to protect neighborhoods from spot zoning. Since zoning does not
call for a timeshare hotel in the east end of Aspen, it should be denied, because it only
benefits the applicant as a specific landowner.
By granting a zoning code change, council is setting a dangerous precedent.
If this application is approved, every other developer in Aspen could do the same.
In other words, if a developer in the West End wants to approve a timeshare hotel as an
SPA, and give a million dollars to affordable housing (and council likes the application)
the applicant can do so.
City council members should follow the rules of the Aspen Area Community Plan and
our codes first, then find a "need" for the change in circumstances or "use" before they
simply change the land use code and leave every neighborhood in Aspen vulnerable and
at risk.
Junee Kirk
Sherman & Howard L.L.C.
Robert S. Hoover
Office Number: (970) 925-6300 Ext. 223
E-mail: rbooverAshermanboward.com
VIA HAND DELIVERY
Aspen City Council
130 S. Galena Street
Aspen, CO 81611
ATTORNEYS& COUNSELORS AT LAW
JEROME PROFESSIONAL BUILDING
201 NORTH MILL STREET, SUITE 201
ASPEN, COLORADO 81611-1557
TELEPHONE: (970) 925-6300
FAX: (970) 925-1181
OFFICES IN: DENVER - COLORADO SPRINGS ASPEN VAIL
STEAMBOAT SPRINGS - PHOENIX SCOT7SDALE
RENO LAS VEGAS - ST. LOUIS
Over 115 Yem ofservice Md commihmni to aw cliena
May 17, 2010
RE: Opposition to 1450 Crystal Lake Road — Application for Final SPA, Final PUD,
Final Timeshare, Multi -year Growth Management, Rezoning, and Subdivision
Reviews Ordinance #2, Series of 2010
Dear Members of City Council:
I am writing to provide solutions and suggestions to the remaining questions regarding
the Aspen Club's application for redevelopment. Without resolving the issues identified below,
City Council should not grant approval of the application.
In the March 31, 2010 meeting, the Mayor set forth a series of conditions and concerns,
including, but not limited to:
The Club must agree to change the underlying zoning classification to eliminate the right
to build singlefiamily homes on the properly,-
0 The membership interests in the LLC proposing the redevelopment are not transferable
until the project is completed, and
0 That there be zero growth in traffic cis a result of the project,
In the May 10, 2 010 publ ic hearings, it appears that the applicant agreed to the Mayor's
condition that upon approval of the application, the underlying zoning for the site be changed to
remove the right to construct single family homes. Additional questions remain unanswered:
Whether the Applicant must remain as an owner of the project until it is
completed;
(0030 t 23 1. DOC \ 2)
0 The mass and scale of the project;
How an effective, permanent solution to achieve zero growth in traffic can be
implemented and how the number of parking spaces requested can be reduced;
0 The permanency of the community benefits offered by the Club.
Restriction on Transfer of Ownership: Mayor Ireland and Councilman Skadron agreed
that the issue of the Applicant remaining owner of the project is an important issue. Both have
expressed the need to ensure that the project gets built, and that future Councils do not have to
face a new series of hearings if the project was to be sold to new developers who would want
additional changes to the project. The City has been repeatedly caught in a trap where approvals
for projects have been given, the projects have been sold, and are now incomplete because the
purchasers were unable to build what was approved, or wanted to make changes.
Mass and Scale: Council has indicated that the mass and scale of the project remains an
issue. While not necessarily a primary issue for both members, the Applicant's repeated failure
to address Staffs recommendation that the mass and scale be reduced is nothing short of
"hardball tactics." Staff has stated in its memoranda and on the record that the mass of the
project is too big, and is not in a position to change its recommendation until the Applicant
comes back with a suggestion. Staffs recommendation is reasonable and appears to beintended
to keep the project consistent with the semi -rural of the area in which the Club is located. The
Applicant has refused to provide an alternative, placing the onus on City Council to approve the
project without changes following Staff s recommendation for the reduction mass and scale,
Commitment to Zero -Growth in Traffic: The Applicant has pledged to maintain "zero-
growlh7' in traffic, but has yet to suggest an effective, permanent solution to monitor and control
traffic growth. The current proposed ordinance language provides that the Club's commitment
to traffic control is limited to only five years, and had no real mechanism in place to enforce the
pledge of zero -growth. The Mayor has indicated that the pledge to maintain zero -growth in
traffic must be perpetual, with perpetual monitoring, a backup for monitoring, and real, effective
enforcement mechanisms that are not controlled by the City or the Club.
It was suggested on May 10 that a separate commission, made up of representative(s)
from the City Transportation Department and the surrounding neighborhood be created to review
traffic counts and to ensure the Aspen Club Living project is in compliance with zero growth in
traffic. A limit on the number of cam would be enforced via a gate or other manner of
preventing cars from travelling down Ute Avenue to the Club when the limit is reached. There
needs to be consideration from traffic circling the Club on Ute Avenue, and for the increased car
trips resulting from use of the lock -off townhouses when fully utilized.
To date the Applicant has offered to either pay for the cross-town shuttle for six months
or impose paid parking at the Club for non-compliance. Both suggestions are ineffective, and
really impose no sanction on the Club for failing to live up to its promise. Both suggestions are
monetary in nature, and are inadequate and don't address the problem of maintaining zero -
growth.
(0030123 1. DOC \ 2)
Alternative ProDosal for Traffic Monitoring and Enforcement of Zero -Growth: We will
be presenting a detailed proposal from our traffic consultant that we would like Council to
consider. It includes permanent solutions for the monitoring and measurement of car trips, and
methods by which the Applicant's pledge of zcro-growth in traffic can be enforced.
Permanency and Appropriateness of Community Benefits: The Club has yet to include
any guarantee of continued existence of its athletic facility. The SPA review guidelines mandate
that and that any such public benefit be permanent. The Club has indicated in the proposed
ordinance that the athletic club will remain in existence for as long as the fractional form of
ownership remains. Ultimately there is no practical way a private business can remain a public
benefit in perpetuity — it is operated for profit. If the Club's operation is no longer profitable, the
owners of the property would demand a change, and the athletic facilities could be eliminated,
In order to guarantee the public benefits promised, the athletic facilities must exist in perpetuity.
Councilman Skadron stated: "I need to be persuaded that ordinance creates a degree of
accountability on the part of the applicant that ensures that the community benefits can be
realized where the community benefit in this case is the continued existence of an athletic
facility. I don't know that right now I'm comfortable on supporting this because it fails to meet
standard of great public benefit that's established in the review criteria for an SPA." Councilman
Skadron correctly characterized the Club as a for profit enterprise, as opposed to the Institute or
Silver Lining ranch, so the benefits derived from the continued existence of the Club must be
defined and be permanent.
The Mayor echoed Councilman Skadron's comments, stating: "There's nothing in this
application that speaks to the continuation of those programs; Nothing. There is no assurance of
continuity."
The Applicant responded by stating that the failure to include programming in the
application was an oversight, and would include programming in the packet for the May 24,
2010 public hearings. There has been no answer or suggestion of bow the Club would guarantee
the continued existence of public benefits.
We hope that Council will continue its review of the Club's application, and require the
Club to provide answers to these as -yet unresolved issues. Council must find a way to
permanently ensure that the community realizes the benefits offered in return for granting the
Club's application.The Applicant must address the unresolved issues before any approval can be
granted.
S, ly,
eroy,
Robert S. Hoover
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Jessica Garrow
From: Romero, Dwayne [DRomero@Relatedwestpac.coml
Sent: Monday, May 24, 2010 9� 57 AM
To: Jessica Garrow
Subject: FW: Aspen Club
----- original Message -----
From: Maureen Kerr [mailto:maureen@fcprentals-coml
Sent: Monday, May 17, 2010 1:57 PM
To: skadron@comcast.net; dwayne.romero@ci.aspen.co.us; djohnson@aspensnowmass-com
Subject: Aspen Club
i do not support the Aspen Club project
condos!!!
Maureen Kerr
Property Manager
First Choice Properties
970-923-4488
970-923-4702 fax
www.fcprentals.com
The last thing we need is more "luxury" empty
Jessica Garrow
From:
Romero, Dwayne [DRomero@Relatedwestpac.com]
Sent:
Monday, May 24, 2010 9:56 AM
To:
Jessica Garrow
Subject:
FW Aspen club
Attachments:
untitled-[2)
----- Original Message -----
From: denison@ROF.NET (mailto:denison@ROF.NET]
Sent: Monday, May 17, 2010 5:38 PM
To: mick@sopris.net; skadron@comcast.net; dwayne.romero@ci.aspen.co.us;
djohnson@aspensnowmass.com
Subject: Aspen club
Dear Aspen City Council Members,
As a long time Aspen Resident (32 years) and long time Aspen Club member, I am asking you to
vote AGAINST Michael's request for changes to the Aspen Club.
If he is able to do what he wants I believe before too long the Aspen Club as a health club
will be completely gone.
I also have a contract/membership with him and the Club for a tennis membership. If he
removes all the tennis courts where does that leave me?
He will be breaking his agreement with me and I will be left without a place to play tennis
in the winter.
Thank you,
Denison Levy
1335 Snowbunny Lane
Aspen, CO 81611
1
Jessica Garrow
From: Romero, Dwayne [DRomero@Relatedwestpac.coml
Sent: Monday, May 24, 2010 9:24 AM
To: Jessica Garrow
Subject: FK Aspen Club Land Use Change
From: cablackwell [mailto:cablackwell@gmail-com]
Sent: Monday, May 17, 2010 8:18 AM
To: Derek Johnson; Dwayne Romero; Mick Ireland; Steve Skadron; Torre
Subject: Aspen Club Land Use Change
bear Mayor and City Council,
We urge you to deny the request from the Aspen Club for a use change in the
existing Land Use Code. it is vital that we protect neighborhoods from "Spot
zoning". Granting a zoning code change will set a dangerous precedent.
Thank you for your consideration.
Sincerely,
Anne and Clarence Blackwell
925-5275
I
Jessica Garrow
From: Romero, Dwayne [DRomero@Relatedwestpac.com]
Sent: Monday, May 24, 2010 9:23 AM
To: Jessica Garrow
Subject: FW' Aspen Club expansion
----- Original Message -----
From: Jim Perry [mailto:jpcanvasback@comcast.net]
Sent: Tuesday, May 18, 2010 9:10 AM
To: skadron@comcast.net
Cc: dwayne.romero@ci.aspen.co.us; djohnson@aspensnowmass.com
Subject: Aspen Club expansion
Dear Sir,
I live on Original Street across from the Glory Hole park. I would respectfully ask you not
to approve this expansion. Currently, the traffic is dense and the majority of cars are going
to fast. Adding traffic, that will be associated with this project, could make the situation
in our neighborhood unbearable. Thank you. Jim Perry
1
Jessica Garrow
From: Romero, Dwayne [DRomero@Relatedwestpac.coml
Sent: Monday, May 24, 2010 11:48 AM
To: 'lauriemacgroup@comcast.net'
Cc: Jessica Garrow
Subject: RE: Aspen Club
Many thx for the email, Best, D
From: lauriemacgroup@comcast.net [mailto:lauriemacgroup@comcast.net]
Sent: Monday, May 24, 2010 11:27 AM
To: dwayne.romeroC&ci.aspen.co.us
Subject: Aspen Club
Mr Romero
As a member of this community for the past 20 years, we support the enhancements of the Aspen
Club
Best
Michael and Laurie Murray
1
Jessica Garrow
From:
Romero, Dwayne [DRomero@Relatedwestpac.coml
Sent:
Monday, May 24, 2010 11:48 AM
To:
'sarah pletts'
Cc:
Jessica Garrow
Subject:
RE: Concerning this evening's Aspen Club meeting & Trees
Thanks for the email. Best, D
From: sarah pletts [mailto:pletts — star@yahoo.co.uk]
Sent: Monday, May 24, 2010 11:09 AM
To: steve.skadron@ci.aspen.co.us; derek.johnson@ci.aspen.co.us;
Subject: Concerning this evening's Aspen Club meeting & Trees
dwayne.romero@ci.aspen.co.us
19 May 2010
Dear Editor & Council Members:
I want to be sure it is understood how important the Aspen Club is to this community. My profession is
international dance/theatre and writing. Five decades of dance and movement training has taught me lots about
the human body. 2 V2years of my 3-continent teaching career was as a yoga instructor at the University of New
England's medical school. My job included lecturing in the Graduate Medical School there. The Aspen Club
has (for 2 decades that I know), provided advanced mind -body training and healing. Not just for athletes and
physical therapy but most important - for saving lives. The club offers advanced Kundalini practice as well as
cancer recovery. Most medical institutions like our hospital do not yet provide services beyond allopathic
medicine. Someone very near and dear to me is still walking after a stroke and severe lymphoma (rapid -spread
cancer.) I have the Aspen Club to thank.
If the two council members opposed to the expansion, Steve and Mick are not satisfied with the recent mass
reduction just accepted by the planning department, then what size reduction would you accept?
My second issue is that chemical substances like the one proposed to "solve" the bear / fruit tree problem cause
lymphoma. We know it also kills bees. So this is not a solution. We're smarter than that.
Please work to find a solution for the Aspen Club and do not use that deadly chemical on our flowering
trees.
Sincerely,
Sarah Pletts/ 32-year Aspen resident
Jessica Garrow
From: Romero, Dwayne [DRomero@Relatedwestpac.coml
Sent: Monday, May 24, 2010 11:46 AM
To: chnstopher davenport'
Cc: Jessica Garrow
Subject: RE The Aspen Club Project
Many thx for the email Chris. Best, D
From: christopher davenport [mailto:chris@steepskiing.coml
Sent: Monday, May 24, 2010 10:24 AM
To: Mick@sopris.net; skadron@comcast.net; dwayne.romero@ci.aspen.co.us; djohnson@aspensnowmass.com
Subject: The Aspen Club Project
Gentlemen,
with the important meeting coining up tonight oil the Aspen Club project I would like to pass along my support and
endorsement for the project to you all. As a 15-year member of the Aspen Club I believe this will be a great project for the
community as a whole, and we will all be able to look back on this decision proudly years down the road.
Thanks for your time,
Chris
chris davenport
davenport mountainsport inc
90 katydid lane
snowmass colorado 81654
chrisCa)steepskiing.com
chrisdavenport.com
kaskhats-usa.com
Jessica Garrow
From:
Romero, Dwayne [DRomero@Relatedwestpac.coml
Sent:
Monday, May 24, 2010 1:38 PM
To:
'Liza Bakken'
Cc:
Jessica Garrow
Subject:
RE: Aspen Club Living project
Thanks Liza for the email. Best, D
From: Liza Bakken [mailto:ljzastherapy@aol.com]
Sent: Monday, May 24, 2010 12:04 PM
To: mick@sopris.net; skadron@comcast.net; dwayne.romero@ci.aspen.co.us; djohnson@aspensnowmass.com
Subject: Aspen Club Living project
In the interest of supporting local business, I hope that Council will approve the Aspen Club Living Project. There is no
question that the Aspen Club is an asset to the community offering several vital health and wellness programs and
services. The Aspen Club Living project will enable new levels of commitment to individual and combined needs of our
community. It will enrich the local community by improving the facility, creating jobs, becoming more energy efficient,
while continuing to provide essential, quality programs and services. I believe the potential for doing good for our local
and even global communities are infinite, given the chance.
Eighteen years ago, prior to my professional education, I was a patient and eventually became an employee of the
Aspen Club Sports Medicine department. I was inspired so much by what was going on there, that I uprooted myself and
put myself in debt to become a physical therapist. Shortly after I graduated, I became a small business owner as a
partner in a small PT clinic in Aspen. For personal and financial reasons, I closed up my business six months ago and
rejoined the Aspen Club, coming full circle to the place that was my original inspriation.
In my opinion, it is crucial in this economic climate to support the growth and evolution of a such a well -established and
rooted community asset such as the Aspen Club. I am confident that Michael Fox can satisfy council's and the public's
concerns, and he should be given the opportunity to move forward with his vision. Thank you.
Liza Bakken
Physical Therapist
Aspen Club Sports Medicine Institute
Jessica Garrow
From: Steven Skadron [skadron@comcast.net]
Sent: Monday, May 24, 2010 12:55 PM
To: Jessica Garrow
Cc: Steve Skadron forward
Subject: Fwd: aspen club
Begin forwarded message:
From: "Mark Rothman" <mrothrnan(@pa1evrothman.com>
Date: May 24, 2010 12:40:40 PM MDT
To: "Steve Skadron" <skadronC@comcast.ne >
Subject: aspen club
Steve
1 know you are busy but I saw that the Aspen Club is on agenda tonight and I wanted to give you my thoughts. I am typing
one handed since shoulder is still not recovered from surgery last week, so will be brief. Also, I know you and Mick are the
ones against this but I could not find his email address so you can forward this to him if you want. In the interest of full
disclosure, I am currently going to the Aspen Club 3 days a week for post op PT on my shoulder.
From what I read (which is not always accurate) the issues are as follows
1. Benefit to the community --- as I understand it, the Aspen Club is currently one of the largest non governmental
employers in Aspen, aside from Skico of course. The expansion would require hiring many more employees. What is in
the best interest of the community, hiring more employees, or the current ones losing their jobs?
Also, Aspen considers itself a world class resort. Is it not in the best interest of the community to have a world class health
and fitness facility? The Council is behind taxing the tourists more to give to ACCRA for promotion. What better promotion
to bring people here and create jobs than a world class facility as proposed by the Aspen Club? And, it does not involve
taxing anyone. There is no other facility like the proposed club, and not likely that one will be built.
2. Mass and view --- To the best of my knowledge, there is no legal right to a view. If that were the case, then Residences
of Little Nell would be illegal, since it blew away the view of North of Nell. Same for Limelight and Dancing Bear. The folks
at the end of Ute have no right to a view of the river. Anyway, it is my understanding that Aspen Club has tried to address
that. Same for the mass, This is not in the core but out in the East End. Takk about mass, what about Limelight and
Dancing Bear, which are in the core. They are ok, but Aspen Club is not?
3.Traffic --- I travel Ute ave all the time, and have not noticed any major traffic jams, certainly nothing like the West End in
late afternoon, Yes, there will be some more traffic, but they have tried to address that, and is the Aspen Club to be held
hostage by a few rich part timers on Ute who don't want a few more cars on their street during the few weeks a year they
are here.
And while I know that council may not care about polls, in today's Aspen Times it is interesting that the residents who
responded overwhelmingly favored the expansion of the club.
I have also heard that some are opposed because they think that it is too good a deal for the owners of the Aspen Club. I
practiced business and corporate law for over 40 years and was involved in hundreds of deals. Never once did I have a
client who made a decision based on how good a deal it was for the other side. The deciding factor was always how good
or bad it was for my client. I think making this decision based on how much money the owners of the Aspen Club may or
may not make is the wrong way to decide.
Guess this was longer than I thought, and my hand is tired, but for what it is worth I did want to let you know my thoughts
Mark
Jessica Garrow
From: Romero, Dwayne [DRomero@Relatedwestpac.com]
Sent: Monday, May 24, 2010 10:00 AM
To: Jessica Garrow
Subject: FW Aspen Club Project Approval
Importance: High
----- original Message -----
From: Robin Wittlin [mailto:rwittlin@wittlingroup.comI
Sent: Friday, May 21, 2010 9:06 AM
TO: mick.ireland@ci.aspen.co.us
Cc: dwayne.romero@ci.aspen.co.us; steve.skadron@ci.aspen.co.us; derek.johnson@ci.aspen.co.us;
derek.johnson@ci.aspen.co.us
Subject: Aspen Club Project Approval
Importance: High
I'm writing to encourage council to grant approval for this project for all the reasons that
have been stated by many before me.
There's been so much building approved over the last several years, most of which doesn't add
any value to the community, ie: Millenium Plaza, which is huge/intrusive and to date remains
empty. What benefit does it contribute to the community? None! The only benefit is for the
developers who have little or no interest in the community.
If that was approved, it defies logic that you wouldn't approve this project, which is far
less intrusive and adds tremendous value to the community.
so it will be interesting to see if council does it's job for the community it's been elected
to serve, or, in the case of the upcoming Bidwell proposal (which I oppose), if it's doing
it's job in service to the developers.
I look forward to a positive outcome by council on May 24th.
Thank you.
One last note. With regards to the concerns about traffic, I've been a member of the Club
for 20 years, and drive Ute Avenue 4-5 times a week, and it's rare that I pass more than 2 or
3 cars going in either direction. I also use the Crosstown shuttle when it's running and the
same holds true ..... virtually no traffic.
Robin S. Wittlin
The Wittlin Group
970-920-4598 - P
86e-866-8558 - m
http://www.linkedin.comZinZthewittlingroup20
1
Jessica Garrow
From:
Romero, Dwayne [DRomero@Relatedwestpac.com)
Sent:
Monday, May 24, 2010 10:00 AM
To:
Jessica Garrow
Subject:
FW: Aspen Club Project
From: ejchr2@sopris.net [mailto:ejchr2@sopris.net]
Sent: Monday, May 17, 2010 3:07 PM
To: Mick@sopris.net; skadron@comcast.net; dwayne.romero@ci.aspen.co.us; djohnson@aspensnowmass.com
Subject: Aspen Club Project
Definitely in support!
E.J. Christensen
Jessica Garrow
From: Romero, Dwayne [DRomero@Relatedwestpac.coml
Sent: Monday, May 24, 2010 10:00 AM
To: Jessica Garrow
Subject: FW: Aspen Club Project
From: Matthew Pfohl [malIto:MPfohl@dreamoutdoors.com]
Sent: Monday, May 17, 2010 2:13 PM
Subject: Aspen Club Project
I hope that Mr. Fox is successful in moving his club expansion forward. He and the quality brand he has established has
been a great asset to the community. I hope that you will vote yes in the upcoming decision.
Thank you in advance for your time and consideration.
Regards,
Matthew M. Pfohl
DREAM OUTDOORS & The ROC Collection/ Founder & CEO
ADVANTAGE BRANDING GROUP/ CEO
KODIAK LEGENDS LODGE/ Brand Strategy
T 970-300-2430 F 970.797.1434
7484 County Rd 100
Carbondale, CO 81623
www.dreamoutdoors.com
www.advantagebranding.com
www.kodiaklegendsiodge.com
APlease consider the enwonnnent ptior to choosing to print.
1
Jessica Garrow
From: Romero, Dwayne [DRomero@Relatedwestpac.coml
Sent: Monday, May 24, 2010 10 00 AM
To: Jessica Garrow
Subject: FW Aspen Club project
From: Chuck Frias [mailto:Chuck@friasproperties.comI
Sent: Tuesday, May 18, 2010 10:05 AM
To: Mick@sopris.net; skadron@comcast.net; dwayne.romero@ci.aspen.co.us; djohnson@aspensnowmass.com
Subject: Aspen Club project
I have been a member of the club since it opened and managed the home owners association across the river since
1985.
I think the community is best served by approving the Aspen Club's redevelopment plan.
Many communities in America would consider subsidies to help a local business owner provide a health club that is open
to the public.
The restrictions on traffic are reasonable. I think limiting the parking only increases traffic flow when spaces are not
available and pushes the parking into other areas of the neighborhood. The club has never had adequate parking for
guests since the lot across the river was replaced, and even from the beginning there was never enough for the guests.
Limiting parking has only created problems in all the developments were reduced from my experience.
I believe you have formally heard from the owners of the Aspen Club Condominiums who are also in support.
Please give Michael the approvals he needs to provide a quality health facility.
Chuck Frias
Managing Partner / Broker
Frias Properties of Aspen
730 E. Durant
Aspen,CO 81611
970.948.7979 cell
970.429.2411 direct
970.920.2000 main
970.920.2020 fax
VAVW FRIASPROPERTES.COM
REAL ESTATE I VACATION RENTALS I PROPERTY MANAGEMENT
Jessica Garrow
From:
Romero, Dwayne [DRomero@Relatedwestpac.coml
Sent:
Monday, May 24, 2010 10:00 AM
To:
Jessica Garrow
Subject:
FW: Aspen Club Project
----- Original Message -----
From: Pamela Zuker [mailto:Pamela@zuker.org]
Sent: Monday, May 17, 2010 9:01 PM
To: mick@sopris.net; skadron@comcast.net; dwayne.romero@ci.aspen.co.us;
djohnson@aspensnowmass.com
Subject: Aspen Club Project
Dear City Council,
Please approve the Aspen Club Project. The Aspen Club is a valuable asset to our community,
and the project will be an another valuable asset. Additionally, Michael Fox is a decent,
honest businessman who is a wonderful member of our community and whose lovely family is now
rooted here in our community of families.
Thank you for your service and your consideration,
Pamela Zuker
1
Jessica Garrow
From: Romero, Dwayne [DRomero@Relatedwestpac.com]
Sent: Monday, May 24, 2010 9:57 AM
To: Jessica Garrow
Subject: FW: Aspen Club & Spa
From: John Silich [mailto:jsilich@silichconstruction.com]
Sent: Friday, May 21, 2010 1:06 PM
To: Romero, Dwayne
Subject; RE: Aspen Club & Spa
Thanks for reading it. Keep up the good work.
John Silich
President
Silich Construction Inc.
970-920-2299
From: Romero, Dwayne [mailto:DRomero@Relatedwestpac-comI
Sent: Friday, May 21, 2010 12:45 PM
To: John Silich
Subject: Re: Aspen Club & Spa
Many thx for the email. Best, D
From: John Silich <jsilich@silichconstruction.com>
To: Mick@sopris.net <Mick@sopris.net>; skadron@comcast.net < skadron@comcast. net>;
dwayne.romero@ci.aspen.co.us <dwayne.romero@ci.aspen.co.us>; djohnson@aspensnowmass.com
<djohnson@aspensnowmass.com>
Sent: Fri May 21 14:00:14 2010
Subject: RE: Aspen Club & Spa
Dear Honorable Mayor and Esteemed Councilman,
Thank you in advance for reading this e-mail.
My first of many jobs in Aspen was as a male locker room attendant at the Aspen Club on weekends. Twenty
five years later, I have had the good fortune to be a member of the club for many years. Reflecting back on
that time, my association with the club and the entities that have owned and managed the facility, a
kalieclascope of images come flooding back. These images of the globally recognized individuals (endorsing the
club and staff) grace the club's walls as testimony to its longevity, commitment to excellence, diversity of
services and programming. To retain a competitive advantage, the club has relentlessly pursued innovative
implementation of technology, science and qualified staff to ensure it remains a viable option in today's
wellness market. The building upgrades necessary to facilitate industry shifts have served it well, until now.
Historically, the club has been a vital part of Aspen's tapestry on a number of levels. The advantages of having
a world class exercise, rehabilitation and spa facility on our doorstep are quantitative from a balance sheet
perspective, but this metric misses the mark when evaluating the vast array of qualitative health and wellness
benefits the club is able to offer the community and our guests, Moreover, the scale of the largesse that
Michael Fox and his staff, Dick Butera and Julie Anthony before him, have extended to the wider community is
astonishing. The club is also a place where blue collar guys like myself have been able to maintain affordable
membership.
The proposal that has been in front of you in various iterative forms for some time, is a game changer relevant
to the club remaining a sustainable business model for the next twenty five years and beyond. Approval of the
project will also ensure the club's vital contribution to the fiscal wellness of Aspen. The citizenry of Aspen and
their elected officials have a responsibility to recognize and reward entrepreneurship and innovation that has
overwhelmingly positive upstream and downstream impacts for the city. The plan is not perfect, no plan is.
However, the enduring benefits and merits of this project outweigh some of the non insurmountable issues
that go hand in hand when visionary projects are on the table for public review and comment.
Therefore, I respectfully urge you to approve the Aspen Club proposal.
John Silich - Aspen
Jessica Garrow
From: Romero, Dwayne [DRomero@Relatedwestpac.com]
Sent: Monday, May 24, 2010 9:57 AM
To: Jessica Garrow
Subject: FVV: Aspen Club
From: Jeannie Carter [mailto:eyeamble5sed@comcast.net]
Sent: Monday, May 17, 2010 2:51 PM
To: mick@sopris.net; skadron@comcast.net; dwayne.romero@ci.aspen.co.us; djohnson@aspensnowmass.com
Subject: Aspen Club
Dear City Council of Aspen,
I have been going to the Aspen Club for over 30 years and I love what this facility has meant to me,
my family and this community. I think the new proposed project for the Club is fantastic and strongly
urge you to vote YES for this project. Please consider, as so many of us do, that this is a GOOD
PROJECT for our community and will continue the viability of one of the most important aspects of
our community: The Aspen Club.
Thank you for your consideration!
Jeannie Carter
970-379-1559 Cell
PO Box 11336
Aspen CO 81612
Jessica Garrow
From: Romero, Dwayne [DRomero@Relatedwestpac.com]
Sent: Monday, May 24, 2010 9:56 AM
To: Jessica Garrow
Subject: FW Aspen club
----- original Message -----
From: Richard Pearlstone [mailto:richie@pearlstonegroup.com]
Sent: Monday, May 17, 2010 4:07 PM
TO: 'dwayne.romero@ci.aspen.co.us'
Subject: Aspen club
Dwayne
The deal at city for approval is in town's and citizen's best interest vote yes
Richie(@pearlstoneproup.com
9709481186
I
Jessica Garrow
From: Romero, Dwayne [DRomero@Relatedwestpac.coml
Sent: Monday, May 24, 2010 9:56 AM
To: Jessica Garrow
Subject: FW: Aspen Club
From: RIGNEY, JOHN [mailto:JRIGNEY@aspensnowmass.com]
Sent: Wednesday, May 19, 2010 12:19 PM
To: Mick@sopris.net; skadron@comcast.net; dwayne.romero@ci.aspen.co.us; Johnson, Derek
Subject: Aspen Club
Gentlemen -
Just wanted to say that I support what's being proposed on the Aspen Club front and I think Michael's
done a great job of listening to people along the way and modifying plans accordingly. I don't know what
else realistically he can do to meet the City's concerns and still build a viable project. I encourage you to
support this effort.
Good luck with the work session.
John Rigney
Jessica Garrow
From: Romero, Dwayne [DRomero@Relatedwestpac.com]
Sent: Monday, May 24, 2010 9�56 AM
To: Jessica Garrow
Subject: FW- ASPEN CLUB
----- Original Message -----
From: LINDA SPADA-MAGILL [mailto:spadamagill@comcast.net]
Sent: Thursday, May 20, 2010 4:55 PM
To: dwayne.romero@ci.aspen.co.us
Subject: ASPEN CLUB
I am writing in support of the Aspen Club project. One of the tremendous community benefits
over the years has been the Aspen High school " Project Graduation." The Club has allowed
parents to totally take over the facility to decorate and provide a safe environment for the
kids to celebrate graduation. The Aspen club has been around for a long time and provides a
valuable service to locals and visitors.
It is in great need of renovation and expansion.
Thank You,
Linda Spada -Magill
1
Jessica Garrow
From:
Romero, Dwayne [D Romero@ Relatedwestpac.com]
Sent:
Monday, May 24, 2010 9:56 AM
To:
Jessica Garrow
Subject:
FVV, Aspen Club
Attachments:
ATT00001.jpg
From: KFry@DesignWorkshop.com [mailto:KFry@DesignWorkshop.com]
Sent: Friday, May 21, 2010 8:38 AM
To: Mick@sopris.net; skadron@comcast.net; dwayne.romero@ci.aspen.co.us; djohnson@aspensnowmass.com
Subject: Aspen Club
Dear Council
I will keep this short and sweet- 1 fully support the Aspen Club Living project and hope you will do the right thing for this
community and vote "yes".
See you on Monday.
Sincerely,
Kathy
Kathy Fry
Human Resources
Associate
DESIGNV ORKS1 101)
120 East Main Street
Aspen, Colorado 81611
970 920-4005, Ext. 5143 (direct)
970 925-8354 (main)
ht1p Ywww.designworkshop.com
1
Jessica Garrow
From: Romero, Dwayne [DRomero@Relatedwestpac.coml
Sent: Monday, May 24, 2010 9:55 AM
To: Jessica Garrow
Subject: FW: Aspen Club
----- original Message -----
From: Georgeann Waggaman [mailto:gwagg@rof.net]
Sent: Friday, May 21, 2010 10:38 AM
TO: dwayne.romero@ci.aspen.co.us
Subject: Aspen Club
Dear Dwayne,
While I have tried to stay out of it up until now, I feel strongly that I have to put in my
vote to do all you can to retain the Aspen Club and allow its' expansion. As a resident in
the Aspen Club neighborhood, who walks Ute Avenue daily, I do not feel the added traffic nor
the larger scale are more than the area can handle. When the Aspen Club was built 30 years
ago, it was a sleepy remote neighborhood and zoned to reflect that. That area has totally
changed and I feel the new additions will only be an asset.
Georgeann Waggaman
I
Jessica Garrow
From: Romero, Dwayne [DRomero@Relatedwestpac.coml
Sent: Monday, May 24, 2010 9:55 AM
To: Jessica Garrow
Subject: FW: Aspen club
----- original Message -----
From: zalere@aol-com [mailto:zalere@aol.com]
Sent: Friday, May 21, 2010 11:28 AM
To: dwayne.romero@ci.aspen.co.us
Subject: Aspen club
Please vote yes for the aspen club project Sent from my Verizon Wireless BlackBerry
Jessica Garrow
From: Romero, Dwayne [DRomero@Relatedwestpac.coml
Sent: Monday, May 24, 2010 9:29 AM
To: Jessica Garrow
Subject: FW Aspen Club Living Vote
From: Heleninaspen@aol.com [mailto:Heleninaspen@aol.com]
Sent: Monday, May 17, 2010 2:33 PM
To: mick@sopris.net; skadron@comcast.net; dwayne.romero@ci.aspen.co.us; djohnson@aspensnowmass.com
Cc: joycerankin@yahoo.com
Subject: Aspen Club Living Vote
Aspen Club Living is a great project for Aspen. With 200 employees and 2000 members I think we
need to keep the jobs we have in Aspen. I support it and I'm urging you to vote YES for this project at
your Monday, May 24, 2010 council meeting.
Thank you for listening to the citizens of Aspen.
Helen L. Burnett
Aspen, CO
Jessica Garrow
From: Romero, Dwayne [DRomero@Relatedwestpac.coml
Sent: Monday, May 24, 2010 9:29 AM
To: Jessica Garrow
Subject: FW: Aspen Club Living supporter
From: Emily - Design 2B Fit [mailto:emily@design2bfit.coml
Sent: Monday, May 17, 2010 2:59 PM
To: djohnson@aspensnowmass.com; Mick@sopris.net; skadron@comcast.net; dwayne.romero@ci.aspen.co.us
Subject: Aspen Club Living supporter
This would create a lot of work for local businesses. We support the plan, and hope you will too!
Emily B. Garaffa
Design 2B Fit
"Fitness Architecture and Equipment for Distinguished Places"
970.379.9062 c
970.797.1746 f
emily(o)design2bfit.com
www.design2bfit.com
Jessica Garrow
From:
Romero, Dwayne [DRomero@Relatedwestpac.coml
Sent:
Monday, May 24, 2010 9:26 AM
To:
Jessica Garrow
Subject:
FW: Aspen Club Living Project
Attachments:
image001jpg
From: Amanda Perusse [mailto:aperusse@aspenclub.com]
Sent: Tuesday, May 04, 2010 12:10 PM
To: Mick@sopris.net; hitorre@aol.com; steve.skadron@ci.aspen.co.us; skadron@comcast.net; dwayner@ci.aspen.co.us;
dwayne.romero@ci.aspen.co.us; djohnson@aspensnowmass.com; Jessica.Garrow@ci.aspen.co.us.
Cc: Michael Fox
Subject: Aspen Club Living Project
The Aspen Club Living project is an exciting development that will bring new blood to the Roaring Fork
Valley. Over the past few years, this project has evolved into something the entire community can stand
behind and be proud of.
By listening to the suggestions from City Council, Michael has continued to improve the project from its
original form into an amazing landmark concept. It will be in the forefront of the holistic movement that the
world is turning to and set the bar high for others to follow.
I highly approve of this project and I urge council to say yes.
Amanda Perusse
Jessica Garrow
From: Romero, Dwayne [DRomero@Relatedwestpac.coml
Sent: Monday, May 24, 2010 9:26 AM
To: Jessica Garrow
Subject: FW: Aspen Club Living Project
Attachments: City Council letter 5-6-10.docx
From: Nikki Sebenaler [mailto:nsebenaler@aspenclub-comI
Sent: Thursday, May 06, 2010 5:41 PM
To: Mick@sopris.net; hitorre@aol.com; steve.skadron@ci.aspen.co.us; skadron@comcast.net; dwayner@ci.aspen.co.us;
dwayne.romero@ci.aspen.co.us; djohnson@aspensnowmass.com; Jessica.Garrow@ci.aspen.co.us.
Subject: Aspen Club Living Project
I have attached a letter to City Council.
Thank you for your time in reading this.
Nikki Sebenaler Lapin
Director of Membership & Fitness
The Aspen Club & Spa
970-920-5824
Dear Aspen City Council & Editor:
I am writing in support of the Aspen Club Living Project. I could write all day on why this
project should be approved, however I will just touch on a few comments that have been made
as to why it shouldn't be approved.
1. "A "timeshare" hotel does not belong in a rural residential zone." if you look around the
Aspen Club neighborhood there are several homes that are rented out consistently.
Really, what is the difference between "renting" and having different people in and out
or having a "timeshare"? To me, there is not much, different names, same purpose.
Also, look at the Aspen Meadows. That is hotel on the west end in the middle of a
residential area and has not hurt anything or devalued the area.
2. "City Council needs to follow the law and rules that have been set for zoning." The
world is always changing and evolving. Rules and laws change with it. That is why an
SPA was created, to look at project like this one and be able to make a change for
something that is for the better good of the community.
3. "This project is not a community benefit. It is to only benefit the applicant, employees
and its members." There are 1800 members, 200 employees and countless other
people in this community that use the many services that are offered. This town is not
that big and the services are open to the public for those that choose to use them. By
adding this component to the Aspen Club it will bring more people into Aspen to
benefit from its health and wellness programs, in turn these people will be eating in our
restaurants, shopping in our stores, buying lift tickets and taking advantage of all the
other services and amenities Aspen has to offer. Not to mention all the contractors,
designers and other jobs it will open.
4. City Council has stated that they have been let down before with big projects and
promises, such as the Limelight changing ownership after their remodel and Dick Butera
selling out of the Aspen Club when he got what he wanted. Look at these
businesses .... they are still successful and even better than they were before.
Let the Aspen Club continue to sprout and grow to the next level. Yes, the Aspen Club could
continue the way it is going, still be good, but why not let them be great! Give Aspen visitors
another reason to visit and offer something really unique. There is talk of sticking to the Aspen
Community Plan, what about the Aspen Idea of Mind, Body & Spirit that I hear about? If this
project doesn't speak to that, I don't know what does.
Nikki Lapin
Woody Creek
Jessica Garrow
From:
Romero, Dwayne [DRomero@Relatedwestpac.coml
Sent:
Monday, May 24, 2010 9:26 AM
To:
Jessica Garrow
Subject:
FW: Aspen Club Living project
From: Renee Fleisher [mailto:reneef@blazingadventures.com]
Sent: Monday, May 17, 2010 4:00 PM
To: dwayne.romero@ci.aspen.co.us
Subject: RE: Aspen Club Living project
Hi Dwayne,
I just wanted to let you know that I am one of the people that support the Aspen Club Living project. I think that Michael
Fox has done an excellent job with the Aspen Club and provides so much support to the Aspen community and people in
need, I am sure he will make this project a success.
Best regards,
Renge
Forget the box ... just get Outside!
Renee Fleisher
Director of Group Services
email: renee(d,)blazingadventures.com
phone: 970-923-4544 ex 302
cell: 970-618-0640
faxi 970-923-4994
Jessica Garrow
From:
Romero, Dwayne [DRomero@Relatedwestpac.coml
Sent:
Monday, May 24, 2010 9i26 AM
To:
Jessica Garrow
Subject:
FW: Aspen Club Living project
From: Colleen Barill [mailto:cbarill@nrcbroadcasting.com]
Sent: Thursday, May 20, 2010 2:59 PM
To: Mick@sopris.net; skadron@comcast.net; dwayne.romero@ci.aspen.co.us; djohnson@aspensnowmass.com
Subject: Aspen Club Living project
Hello,
I just wanted to pass along my support for the Aspen Club Living project. I believe it will benefit this
community in many ways. I support it and I'm urging you to vote'yes.'
Kind Regards,
Colleen
KSPN, KNFO, LA NUEVA AND JACK FM
Colleen Barill T: 970.925.5776 x218
General Manager F: 970.925.1142
402 AABC Suite D C: 970.274.1882
Aspen, CO 81611
Jessica Garrow
From: Romero, Dwayne [DRomero@Relatedwestpac.coml
Sent: Monday, May 24, 2010 9:25 AM
To: Jessica Garrow
Subject: FW: Aspen Club Living Project
From: Larry Stogel [mailto:larry@stogelads.com]
Sent: Friday, May 21, 2010 2:49 PM
To: Mick@sopris.net; skadron@comcast.net; dwayne.romero@ci.aspen.co.us; djohnson@aspensnowmass.com
Subject: Aspen Club Living Project
Dear Council Members,
Upon relocating to Aspen back in January one of my first tasks was finding a health club for my work-out routines. After being taken to
the Aspen Club I knew that my search had ended. Immediately greeted with the professionalism of the staff , great facility and warm
members I instantly was welcomed into the community. The bulk of these efforts came from Michael Fox personally, and having spent
some time with Michael I could see the the example of quality and dedication emanated from the top.
I am confident that any project Michael and his team would propose would carry all the characteristics and commitment that are
exemplified in the current facility. I ask the Council to support the Aspen Living Project and vote yes as I'm sure it would only enhance
the community and quality of life.
Thank you,
Larry Stogel
Larry Stogel
Stogel Advertising
212-302-5500
970-205-9346
,,k-",w.stop,elads.corn
Jessica Garrow
From: Romero, Dwayne [DRomero@Relatedwestpac.coml
Sent: Monday, May 24, 2010 9:25 AM
To: Jessica Garrow
Subject: FW Aspen Club Living - Not just for it's members
----- Original Message -----
From: Gabrielle Rafelson [mailto:gabrielle@rafelson.com]
Sent: Thursday, May 20, 2010 6:39 AM
To: Mick@sopris.net; skadron@comcast.net; dwayne.romero@ci.aspen.co.us;
djohnson@aspensnowmass.com
Subject: Aspen Club Living - Not just for it's members
Dear Council Members:
I have been an Aspen Club member for 10 years, but it wasn't until two years ago I realized
this club was more than just a fitness center. After discovering I had cancer, the first
place I turned to was the Aspen Cancer Survivor Center which is housed rent-free at the Aspen
Club. Anyone seeking help there is welcomed at the Aspen Club doors, guided through physical
and nutritional counseling, and is allowed to utilize the club's facilities. Also, the
physical trainers employed at the Aspen Club give a generous rate reduction to all cancer
survivors, not just club members.
I was also impressed with the physical therapy department (also open to the public). The care
and attention I got there after tearing my ACL could not have been better.
The concept they have created for the future of the Club is exciting and unique and in my
opinion would be a great asset to this community.
Thank you for your time. Gabrielle Rafelson
1
Jessica Garrow
From: Romero, Dwayne [DRomero@Relatedwestpac.coml
Sent: Monday, May 24, 2010 9:25 AM
To: Jessica Garrow
Subject: FW: Aspen Club Living
From: Mary Cate Hauenstein [mailto:m.c.hauenstein@gmaii.com]
Sent: Monday, May 17, 2010 2:39 PM
To: Mick@sopris.net; skadron@comcast.net; dwayne.romero@ci.aspen.co.us; djohnson@aspensnowmass.com
Subject: Aspen Club Living
Aspen Club Living is a great project for this community. I support it and I'm urging
you to vote 'yes.'
Thanks,
Mary Cate Hauenstein
1
Jessica Garrow
From: Romero, Dwayne [D Romero@ Relatedwestpac. com]
Sent: Monday, May 24, 2010 9:25 AM
To: Jessica Garrow
Subject: FW Aspen Club Living
----- Original Message -----
From: John Clendenin [mailto:john@skidoctors.com]
Sent: Tuesday, May 18, 2010 8:49 AM
To: dwayne.romero@ci.aspen.co.us
Subject: Aspen Club Living
Mr. Romero
My business has had a home at the Aspen Club and Spa for the last 15 years. About half of my
clients are locals with the balance traveling to Aspen for our ski and board lessons. A major
factor in our success is the fact that Mike Fox is a fair and supporting landlord for my
business.
Aspen Club Living is a great project for Aspen. I support it and urge you to vote yes'.
Sincerely,
JOHN CLENDENIN
Ski and Board Doctors
PO Box 1092
Aspen, CO 81612
970-544-0300
http://www.skidoctors.com
1
Jessica Garrow
From: Romero, Dwayne [DRomero@Relatedwestpac.com]
Sent: Monday, May 24, 2010 9:24 AM
To: Jessica Garrow
Subject: FW: Aspen Club Living
Attachments: imageOD2.jpg
From: Tim Clark [mailto:tim@friasproperties.com]
Sent: Friday, May 21, 2010 9:27 AM
To: Mick@sopris.net; skadron@comcast.net; dwayne.romero@ci.aspen.co.us; djohnson@aspensnowmass.com
Subject: Aspen Club Living
Mick, Steve, Dwayne and Derek,
With respect to the Aspen Club Living proposal, the project will benefit our community and as such please vote in favor
of the proposal.
Thank you for your consideration.
Tim Clark, GRI
Managing Partner
Frias Properties of Aspen
730 East Durant
Aspen, Colorado 81611
970.920.2000 main
970.920.2020 fax
970.925.4000 direct
www.friasproperties.co
Real Estate I Vacation Rentals I Property Management
Jessica Garrow
From: Romero, Dwayne [DRomero@Relatedwestpac.coml
Sent: Monday, May 24, 2010 9:23 AM
To: Jessica Garrow
Subject: FW: Aspen Club International dba The Aspen Club & Spa petition for Aspen Club Living
From: Steve Clemens [mailto:steve@cowest.com]
Sent: Friday, May 21, 2010 3:43 PM
To: Mick@sopris.net; skadron@comcast.net; dwayne.romero@ci.aspen.co.us; djohnson@aspensnowmass.com
Subject: Aspen Club International c1ba The Aspen Club & Spa petition for Aspen Club Living
Our firm is a professional small business. I have known Michael Fox in excess of ten years. Our firm is a business
associate and major vendor to The Aspen Club & Spa. I have watched Michael develop co-operative relationships within
the community to promote the well being of his employees, disabled members of the community, other businesses, and
his neighbors, always balancing their interests with those of The Club. Aspen is a unique destination facility with the
ability to maintain the small town ambience that keeps it special for those who live and work there.
I support the concept of Aspen Club Living which would convert current commercial space into additional habitational
space and bring additional sales and tax revenue into the community with less impact than most other habitational plans
in the valley. This is a chance to improve the community. This is the right project.
My vote would be'yes.' I hope yours is also.
Steve Clemens
ph, 720 524 9344
Jessica Garrow
From:
Romero, Dwayne [D Romero@ Relatedwestpac. coml
Sent:
Monday, May 24, 2010 9:23 AM
To:
Jessica Garrow
Subject:
FW: Aspen Club Family living
From: Ricky Fantini [mailto:bodyvibe@gmail.com]
Sent: Friday, May 21, 2010 8:13 AM
To: Mick@sopris.net; skadron@comcast.net; dwayne.romero@ci.aspen.co.us; djohnson@aspensnowmass.com
Subject: Aspen Club Family living
To whom it may concern,
"Aspen Club Living is a great project for this community. I support it and I'm urging you to vote 'yes."'
Thank you for considering my vote,
Kind Regards,
Richard Fantim
Riccardo Fantim
Cell: 970 366 1852
bodyvibeggmail.com
Jessica Garrow
From: Romero, Dwayne [DRomero@Relatedwestpac.coml
Sent: Monday, May 24, 2010 9:22 AM
To: 'Warren Klug'
Cc: Jessica Garrow
Subject: RE: Aspen Club Approval
Many thx Warren for the email. Best, D
From: Warren Klug [mailto:warren@aspensquarehotel.comI
Sent: Monday, May 24, 2010 9:15 AM
To: Mick@sopris.net; skadron@comcast.net; dwayne.romero@ci.aspen.co.us; djohnson@aspensnowmass.com
Subject: Aspen Club Approval
TO� City Council Members:
I am writing to urge your support of the Aspen Club expansion, helping to strengthen the economic health of our Aspen
community and protect jobs and income. As you make a final decision on Monday evening, I ask all the City Council
Members to consider these thoughts:
a. The aging club needs a major facelift — and this project will help make it happen.
b. The jobs that are already in place with the Aspen Club will be protected, and more valuable jobs will result.
c. While I am in favor of a focus on tourism as our major economic driver — no surprise — I also recognize that a
certain amount of construction and development in our town is a good thing. It means jobs, economic input and it
helps keep our town fresh and relevant.
d. The Aspen Club project will bring new "hot beds" to Aspen, and we need them. They will be new, quality oriented,
and they will attract people to the healthy living concept year round, not just peak seasons.
e. We need more business in aspen, and the Aspen Club Healthy Living project will provide more reasons for people
to come here. It is a new attraction in effect, and will bring new business to Aspen.
f. The Aspen Club Area has a history of short term lodging. The short-term lodging and time share owners visiting
for short periods will bring vitality and "new blood" to the area that mostly empty second homes around the area
do not.
g. I understand that Michael Fox has responded positively to the council concerns of "mass and scale" and has
offered a revised plan that should work for everyone.
h. Michael has also responded positively to the parking and traffic issues, the employee housing mitigation and
promises to stay to see the project through.
i. The good work of the P& Z and the City Council have made this a better project. Now, it is time to approve it.
I think it would be a tragedy if this project is not allowed to go through. It provides a significant public benefit in so many
ways, as you have heard. It is also clear that the great majority in our community wants it to happen, The Aspen Club
has community support, and I add my name to the list. Let's make it happen!
Warren Klug
Aspen Resident
Local Hotel Operator
Warren E. Klug
General Manager
Aspen Square Condominium Hotel
617 East Cooper Avenue
Aspen, Colorado 81611
970-925-1000
1-800-862-7736
warren (d�aspensq uarehotel.com
POWDERHOUSE CONDOMINIUM ASSOCIATION
The Benedict Building
1280 Ute Ave. Suite 16
Aspen, Colorado 81611
May 19,2010
Members of City Council
City of Aspen
13 0 S. Galena St.
Aspen, CO 81611
Jeff Woods
Parks Department, City of Aspen
585 Cemetary Lane
Aspen, CO 81611
Jessica Garrow
Planning Department
110 S. Galena St.
Aspen, CO 81611
Dear Members of City Council, Mr. Woods and Ms. Garrow:
I write you as President of the Powderhouse Condominium Association, next door
neighbor to the Aspen Club and Spa.
As an association, we do not take a position on the proposed development by the Aspen
Club, because we believe that our individual members should express their individual thoughts,
if they choose to do so.
We are a group of small business owners and we do have concerns, as a group and as an
association, that I am authorized and instructed to convey to you, which I am doing by this letter
which is also sent to each of you by email.
If there is a trail or path placed along Ute Avenue in front of our property, it will result in
no benefit to our businesses or to the building. There is already a bike and pedestrian path that
provides access to our property from the intersection of Original and Ute. As small property
owners, we will not agree to fund a path in front of our property that does not benefit us. In your
discussions, please take that into account.
Placement of such a trail or path will also disrupt the approved parking for the I O'h
Mountain affordable housing project and require mitigation. Our parking lot is filled to capacity
with our business needs and the unauthorized parking of others that unfortunately occurs. Please
take this into account.
Although these matters may seem small in the overall of this project, they are big to us.
Our concerns were previously conveyed to Mr. Fox, by letter from Ben Dodge of I 01h Mountain,
dated November 20, 2008 and to Mr. Woods and others from the City administration in a 2009
meeting with members of our association. We do not want our concerns to be overlooked or
forgotten.
,Sincerely,
Hugh D. Wise 111, President
cc. Michael Fox
Robert Hoover
ATTORNEYS & COUNSELORS AT LAW
Sherman & Howard L.L.C.
Robert S. Hoover
Office Number: (970) 925-6300 Ext. 223
E-mail: rhoover(a),shermanhoward.com
VIA HAND DELIVERY
And ELECTRONIC MAIL
Aspen City Council
130 S. Galena
Aspen, CO 81611
JEROME PROFESSIONAL BUILDING
201 NORTH MILL STREET, SUITE 201
ASPEN, COLORADO 81611-1557
TELEPHONE: (970) 925-6300
FAX: (970) 925-1181
OFFICES IN: DENVER COLORADO SPRINGS ASPEN- VAIL
STEAMBOAT SPRINGS -PHOENIX SCOTTSDALE
RENO LAS VEGAS ST. LOUIS
Over 115 Years ofservice and commitment to our clients
May 21, 2010
RE: Aspen Club Redevelopment Application — Ute Avenue Neighbors Traffic
Mitigation and Enforcement
Dear Council Members:
On behalf of the many of the Ute Avenue neighbors who remain opposed to the Aspen Club
redevelopment application, we agree with and appreciate your collective commitment to zero
traffic growth as related to the application. We, along with Council, Staff and the Applicant are
in line with the Mayor's repeated expectations for a cap on traffic and severe consequences for
exceeding that cap.
We previously submitted to you an analysis of the proposed TDM plan prepared by David
Millar, P.E. P.T.O.E, of Fehr & Peers Transportation Consultants, which outlined serious
problems with the Applicant's plan.
In response to comments made in the May 10, 2010 Council meeting, and our continuing
concerns over the lack of any real mechanism to monitor and enforce the goal of "zero -growth"
in traffic, we asked Mr. Millar to create a traffic management concept that provides solutions to
the identified traffic problems, sets criteria with which to judge traffic volume and defines
mitigation steps when baselines are exceeded.
In reviewing the most recent draft of the Applicant's TDM plan in the proposed ordinance, it
appears that the plan still lacks elements that address the "zero -growth" traffic goal.
The traffic count numbers are not representative of zero -growth; the numbers used in the
Applicant's TDM were generated from peak travel days only;
t00281819.130C \ 1)
LITIGATION\2502697.1
• The TDM plan does not provide a process to develop a year -long baseline;
• The TDM plan is not perpetual — as originally proposed by the Applicant, it lasts only
five (5) years, and Staff has recommended it only last ten (10) years;
• The TDM plan still lacks real sanctions for non-compliance. The proposed sanctions are
monetary only, and do not move the Applicant towards the defined goal of zero -growth;
If monetary sanctions are all the City will consider, then the sanctions suggested by the
Applicant are woefully inadequate to put the "teeth" in the enforcement of the plan.
• The City remains the enforcer — something that the Council has stated it is not interested
in doing.
Briefly summarized, the attached Traffic Management Concept corrects these deficiencies in
the ordinance. The Traffic Management Concept is divided into three pails: Monitoring,
Traffic Volume Limits and Mitigation. We propose continuous daily monitoring for a full year
to define the baseline, with counts recorded by an independent traffic data collection entity.
Reporting would be done every six months and available to the public through a website and
submitted to a non -governmental, independent agency.
There should be four criteria to determine whether traffic volumes exceed the baseline.
Collectively, the criteria prohibit the Club from exceeding by more than 3% the total number of
trips continually recorded for six months. The Club would be allowed up to 20 times per year
when they can exceed the baseline numbers. Our plan includes definitions for daily and hourly
threshold numbers.
Finally, exceeding the four traffic volume criteria will trigger mitigation plans which
have a graduated level of severity based on the Club's violations.
The Traffic Management Concept is a novel approach and is worth pursuing. The
Concept has the possibility of being a highly successful, landmark plan. This independently -
monitored system replaces the limited, weak and ineffective monetary sanctions with severe
consequences to ensure compliance with zero -growth in traffic.
Sincerely,
Robert S. Hoover
RSH:sk
cc: Gary Nathanson
Paul Copaken
Jeanette Damauer
Ute Avenue Homeowners
�00281819.DOC \ I I
LITIGATION\2502697.1
Ute Avenue Traffic Management Concept
Monitoring
Motor vehicle traffic shall be monitored continuously, at a permanent count station which counts motor
vehicles that enter and exit the site, as well as vehicles which drop off or pick up persons destined to or from the
site, via South Ute Ave. Counts shall be collected on an hourly basis. Counts shall be recorded by an
independent traffic data collection entity. Counting shall be paid for by the applicant.
Data shall be made publicly available at least on a monthly basis (e.g., as posted on a website).
Reporting shall be completed on a semi-annual basis, to be submitted to an independent authority (TBD) within
two weeks of the end of the previous six month period.
Reporting shall be increased to a quarterly basis if traffic volume 'thresholds are exceeded, as defined below.
Although produced quarterly, a quarterly report must evaluate the previous six month period.
Reporting shall be conducted by an independent traffic engineering firm, with Professional Traffic Operations
Engineer (PTOE) certification. Semi-annual reporting shall be paid for by the applicant.
Any person or entity may commission a traffic monitoring report at any time at their own expense, to be
conducted by an independent traffic engineering firm, with PTOE certification.
The traffic condition baseline shall be established for one year of normal operation of the Club, without
construction activity. The club may not promote any activity which would result in an increase in traffic volumes
above those normally occurring under current operations. (For example, restrictions on employee and hotel
shuttle bus access to the site via South Ute Avenue shall remain in effect and be strictly enforced)
Traffic Volume Limits
Traffic volumes will not exceed any of the following four criteria during the reporting period:
1. Total motor vehicle trip volume for a six month reporting period shall not exceed the total comparable
baseline six-month traffic volume by more than three percent (3%)
2. Total motor vehicle trip volume for any consecutive four week period shall not exceed the total baseline
four -week traffic volume by more than five percent (5%)
3. During a six month reporting period there will be no more than ten (10) occurrences where the motor
vehicle trip volume for any single day exceeds the annual baseline peak daily volume limit by more than
ten (10%)
4. During a six month reporting period there will be no more than ten (10) occurrences where the motor
vehicle trip volume for any one single hour exceeds the annual baseline peak hour volume limit by more
than fifteen percent (15%)
Traffic Volume Baseline
Motor vehicle traffic vo I umes for base I ine conditions sha I I be measured as fo I lows:
A total six month volume shall be established as the total of all motor vehicle trips occurring at the count
station, as continuously recorded, during six consecutive months.
A total four week volume shall be the total of all motor vehicle trips occurring at the count station, as
continuously recorded, during any consecutive four week period.
The annual daily threshold volume shall be established as the average of the forty (40) highest daily motor
vehicle volumes that occur during a year.
The annual peak hour threshold volume shall be established as the average of the single highest hourly motor
vehicle volumes that occurs during each of the forty (40) highest volume weekdays of the year.
Trip Mitigation
Level I Mitigation: If traffic volumes exceed the six month monitoring period thresholds the Aspen Club's
parking supply will be reduced by 25%.
0 This will be achieved by placing a physical barrier over parking spaces and installing a parking
information system
0 If compliance is not demonstrated in the next quarterly report Level 2 mitigation is required
Level 2 Mitigation: If modified parking supplies do not achieve the volume thresholds in the reporting period,
the Aspen Club will enact a self -determined schedule reduction over a three month period to reduce motor
vehicle trips on Ute Avenue.
* This will require the Aspen Club to strategically schedule events for peak and non- peak conditions
* This will include a minimum of one hour reduction in the hours of operation of the Aspen Club
0 If compliance is not demonstrated in the next quarterly report Level 3 mitigation is required
Level 3 Mitigation: If traffic volumes exceed the monitoring period thresholds after Level 1 and 2 mitigation
measures have been applied, the Aspen Club will be required to pay a traffic overage fee of $25,000 per month
plus for each motor vehicle trip that exceeds the any of the four thresholds.
0 This will include a further reduction of one hour in the hours of operation
Hours of operation will be further reduced by one hour every three months that the volume thresholds
are exceeded.
Required mitigation shall remain in effect for at least three months and until a report demonstrates that the
applicant is in compliance with all traffic volume limits. Mitigation restrictions will be lifted once compliance has
been demonstrated for six months
f-P
FFHR & PEERS
TRAK5PORTA71ON CONSULTANTS
MEMORANDUM
Date: March 22, 2010
To: Mick Ireland
Aspen City Council
From: David Millar, P.E., PTOE
Subject. Aspen Club Living Traffic Study Review
DNIO-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. I
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 17'N Street, #2301 Denver, DO 80293 (303) 296-4300 Fax (303) 296-4302
vim.felTrandpeers.corn
Mick Ireland and Aspen City Council
March 22, 2010
Page 2 of 3
f�
FEi-iR & PFFR.s
- R � SP OR TATIn N C 04 S U I TAN T S
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 TIDM 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 TOM 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 an 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�
Page 3of3 FEHR & PEERS
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.)
SPECIAL MEETING CALLED FOR EXECUTIVE SESSION
Date May 24, 2010
Councilmembers present:
a Mick Ireland
2 Steve Skadron
aDwayne Romero
P/l Torre
9 Derek Johnson
Call to order at: liaYeem.
incilmembers not present:
I
Mick Ireland
,Steve Skadron
Dwayne Romero
Torre
Derek Johnson
Motion to go into executive session by Z4.4 seconded by
Other persons present:
FOR:
El Mick Ireland
El Steve Skadron
E]Dwayne Romero
[-I Torre
E]Derck Johnson
AGAINST:
El Mick Ireland
El Steve Skadron
E]Dwayne Romero
El Torre
El Derek Johnson
III. MOTION TO CONVENE EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSION OF:
C.R.S. 24-6-402(4)
(a) The purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest
(b) Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal
questions.
(c) Matters required to be kept confidential by federal or state law or rules and regulations.
(d) Specialized details of security arrangements or investigations, including defenses against terrorism, both domestic
and foreign, and including where disclosure of the matters discussed might reveal information that could be used for the
purpose of committing, or avoiding prosecution for, a violation of the law;
e) etermining positions relative to matters that may be subject to negotiations; developing strategy for negotiations;
Or)
and instructing negotiators;
(f) (1) Personnel matters except if the employee who is the subject of the session has requested an open meeting, or if
the personnel matter involves more than one employee, all of the employees have requested an open meeting.
IV. ATTESTATION:
The undersigned attorney, representing the Council and being present at the executive session, attests that the
subject of the unrecorded portions of the session constituted confidential attomey-client communication:
The undersigned chair of the executive session attests that the discussions in this executiv ession were limited
to the topic(s) described in Section III, above.
Adjourned at: I Lozw