HomeMy WebLinkAboutagenda.council.special.201006017'I-~E CITY (~F I~EI
ASPEN CITY COUNCIL
SPEICAL MEETING
TUESDAY, JUNE 1, 2010
2:00 P.M.
I. Ordinance #2, 2010 -Aspen Club Final SPA/PUD -Continued
public hearing from May 24, 2010
II. Adjourn
P1
MEMORANDUM
TO: Mayor Ireland and Aspen City Council
FROM: Jessica Garrow, Long Range Planner~';l
THRU: Jennifer Phelan, Community Development Deputy Director
~; 1450 Crystal Lake Road -Final SPA, Final PUD, Final Timeshare,
Multi-Year Growth Management, Rezoning, and Subdivision Reviews
Second Readin Ordinance No. 2 Series of 2010
continued from 5/24/2010
MEETING DATE: June 1, 2010 at 2PM (Special Meeting)
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
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 mazgin
review. They recommended the City Council
approve the other land use reviews.
SUMMARY:
The Applicant requests final PUD, final
SPA, final Timeshare, Growth
Management Reviews, Stream Mazgin
Review, Rezoning, and Subdivision
Review in order to develop 20 timeshare
units, 12 affordable housing units, and 132
pazking spaces on Lots 15 and 14A (the
existing 35 spaces on Lot 14A will not
change as part of this application) of the
Callahan Subdivision.
STAFF RECOMMENDATION:
Staff recommends City Council approve
the project, with conditions.
Aspen Club Council Second Reading - 6/1/2010
Page 1 of 5
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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 & 5/24/2010) are not being attached again. Please contact Jessica Garrow
if you need an additional copy of these exhibits. The only new Exhibit is a letter from the
applicant.
COUNCIL QUESTIONS: At the May 24`h public hearing, City Council asked the Applicant to
address the public benefits created by the project, and to incorporate those public benefits into
the language in the Ordinance. Attached as Exhibit Z.15 is the applicant's letter outlining the
commitments. Staff has summarized the Applicant's commitments below, and has incorporated
them into Section 24 of the Ordinance.
The Applicant has committed to implement a 0.25% assessment on the sale and re-sale of the
timeshare units for 25 years. The money raised from the assessment would go into a fund
administered by the Aspen Community Foundation. An Advisory Committee of three (3) people
(two appointed by City Council and one appointed by the Club owner) would oversee the fund.
The Applicant has outlined seven (7) specific commitments related to the public benefit of the
project. These include:
1. The Aspen Club will be available to host Project Graduation for as long as Project
Graduation wishes to be at the Club.
2. The Aspen Club will be made available for Local Olympic and other elite athletes who
wish to train at the Club.
3. The Aspen Club will be made available for local Paralympic athletes who wish to train at
Club.
4. The Aspen Club will continue to host occasional community events and social
gatherings.
5. Amanda Boxtel and other disabled members of our community will be allowed to train
on the Aspen Club's Alter G machine for the life of that equipment.
6. The Aspen Club will continue to hold seminars and -ectures during the year that are open
to the public.
7. The Aspen Club will continue to provide free office space to two local charities
The Applicant has committed to these items for fifteen (]5) years. If, for any reason, the Club
Owner does not provide these public benefits during those 15 years, the fund would be used to
provide those benefits elsewhere in the community. If, after fifteen (15) years the money from
the fund has not been used, then the Advisory Committee can begin providing grants to the
community that further health, wellness, and recreation.
Aspen Club Council Second Reading - 6/1/2010
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REFERRAL AGENCY COMMENTS: The Transportation, Engineering, and Environmental
Health Departments have reviewed the transportation portion of the Ordinance and the TDM
Plan.
ORDINANCE CHANGES: There have been a number of changes made to the aOnrdladded
since. These have been done in "track changes," so deleted text is in ,mod ~n n«~ 'o~e~-
text is in ~=reen u~ ~~c These changes have been reviewed by the Applicant and City Staff.
The changes are summazized as:
• Section 18, Transportation, and the TDM Plan attached as Ordinance Exhibit A have
been amended to include previous staff exhibit Z.S. This TDM Plan and Ordinance
language contemplates an updated Traffic Study and continuous traffic monitoring after
the project is completed. It requires an updated traffic count for one full yeaz prior to
Building Permit Submittal. The method of counting traffic (i.e. camera, rumble strips,
etc) would need to be approved by the Transportation and Engineering Departments
prior to the study beginning. The traffic study would count hourly and daily traffic to
arrive at the AADT, AM Peak, and PM Peak traffic numbers. The Applicant is required
to purchase, install, operate, and maintain a permanent traffic counting system at the
club. Traffic levels will be reported every six months, rather than every yeaz. The
report would indicate both daily and hourly traffic counts and would include the status
of required TDM program components.
• Section 29, Vested Rights, has been amended to be for five (5) yeazs. Staff recommends
this longer vesting to allow the applicant adequate time to conduct a traffic count prior
to building permit submittal
• Section 23, Accessibility of Club Membership has been eliminated.
• Section 26, Continuing Management Authority in Michael Fox, has been eliminated.
• Anew Section 24, Aspen Club Living Condominiums ("ACLC") Fractional lnteresl
Assessment, has been added.
• Addition of Exhibit E to the Ordinance. This the site plan recommended by Staff.
Staff will review all the Ordinance changes as part of the Staff Presentation on June 1 S`.
P&Z RECCOMENDATION: The P&Z recommended approval of the project by a vote of 4:2.
STAFF RECOMMENDATION: At this point and time, staff recommends the City Council
approve the application, with conditions.
Staff recommends approval of the massing and site plan.
Work with the Community Development and Pazks 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.
Aspen Club Council Second ReadingP gel3 of 5
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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 packet are bolded• all exhibits list the date thev 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, 5/10,
5/24)
EXHIBIT B - PUD Review Criteria, Staff Findings (provided 1/11, 2/8, 2/22, 3/8, 3/31, 5/10,
5/24)
EXHIBIT C -Timeshare Review Criteria, Staff Findings (provided 1/11, 2/8, 2/22, 3/8, 3/31,
5/10, 5/24)
EXHIBIT D -Growth Management Review Criteria, Staff Findings (provided I/1 1, 2/8, 2/22,
3/8, 3/31, 5/10, 5/24)
EXHIBIT E - Rezoning Review Criteria, Staff Findings (provided 1/1 ], 2/8, 2/22, 3/8, 3/31,
5/10, 5/24) `
EXHIBIT F-Subdivision Review Criteria, Staff Findings (provided 1/11, 2/8, 2/22, 3/8, 3/31,
5/10, 5/24)
EXHIBIT G - DRC Comments (provided 1/i l)
EXHIBIT H -Housing Comments (provided 1/11)
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)
EXHIBIT L -City Council minutes from Conceptual approval, July 14, 2008 (provided 1/I 1)
EXHIBIT M -Planning and Zoning Commission Minutes from Final approval, September 29,
October 6, and October 20 2009 (provided 1/11)
EXHIBIT N -Planning and Zoning Commission Resolution (provided 1/11)
ExHIBIT O -Application (Bound) (provided 1/11)
EXHBIT P -Application Appendix (Bound) (provided 1/11)
EXHIBIT Q -Letter from Applicant's Attorney dated January 14, 2010 regarding the continued
operation of the Club facility (provided 2/8)
Aspen Club Council Second Reading - 6/1/2010
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2010 regazding the public
EXHIBIT R -Letter from Applicant's Representative dated January 25,
accessibility to the proposed timeshaze units (provided 2/8)
ExHiBIT S -Site Plans from each stage of the proposed project (provided 2/8)
ExHtBiT T -Optional site plan provided by Applicant, per City Council request (provided 2/8)
EXHIBIT U -Updated TDM Plan (provided 2/8)
ExHtBiT V -Letters from the public (provided 2/8) rovided 2/8)
EXHIBIT W -Letters from the public entered at the 2/8/2010 public hearing (p
EXHIBIT X -Additional Comments from Environmental Health (provided 2/22~ovided 2/22)
EXHIBIT Y -Letters from the public entered at the 2/22/2010 public hearing (p
ExHtBiT Z -Letters from the public (provided 3/8)
EXHIBIT Z.1 -Letter from Michael Fox dated 3/1/2010 responding to Council questions
(provided 3/8, 3/31)
ExHtBiT Z.2 -Traffic Study Review conducted by Fehr & Peers on behalf of Gary Nathanson
and Citizens for Preservation of Zoning (provided 3/31)
ExHtBiT Z.3 -Letters from the public (provided 3/31)
3/31/2010 ExHtBiT Z.4-Letters from the public entered at the 3/31/2010 public hearing
(provided 3/31)
3/31/2010 EXHIBIT Z.5 -Proposed Ordinance changes entered at the 3/31/2010 public hearing
(provided 3/31)
EXHIBIT Z.4 -Letter from Michael Fox dated 4/28/2010 responding to Council questions
(provided 5/10) rovided
EXHIBIT Z.5 -Amended TDM Plan and Ordinance Language if AADT is to be used (p
5110)
EXHIBIT Z.6 -Letters from the public (provided 5/10)
ExHtBiT Z.7 -Letters from the public entered at the 5/10/2010 public hearing (provided 5/10)
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)
Exxtstr Z.10 -New Site Plan -Option 1 (provided 5/24)
EXHIBIT Z.11 -New Site Plan -Option 2 with massing views (provided 5/24)
ExHtBiT Z.12 -Letter from Applicant regarding Programming (provided 5/24)
EXHIBIT Z.13 -Letters from the public (provided 5/24)
EXHIBIT Z.14 -Letters from the public entered at the 5/24/2010 public hearing (provided 5/24)
ExHISiT Z.15 -Letter from the Applicant regarding public benefit commitments (provided
6/1)
Aspen Club Council Second ReadingP ge15 of 5
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ORDINANCE N0.2,
(SERIES OF 2010)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING FINAL SPECIALLY PLANNED AREA (SPA), FINAL PLANNED UNIT
DEVELOPMENT (PUD), FINAL TIMESHARE, MULTI-YEAR GROWTH
MANAGEMENT REVIEW, REZONING, AND SUBDIVISION FOR THE
DEVELOPMENT OF SUB-GRADE PARKING, TWENTY TIMESHARE UNITS,
REDESIGNED COMMERCIAL SPACE, AND TWELVE AFFORDABLE HOUSING
UNITS FOR THE PROPERTY LOCATED AT 1450 CRYSTAL LAKE ROAD (THE
ASPEN CLUB) CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2737-181-32-019
WHEREAS, on September 17, 2007, the Community Development Department received
an application from Aspen Club and Spa, LLC, represented by Sunny Vann of Vann Associates,
LLC requesting approval of conceptual commercial design review, conceptual approval for a
Specially Planned Area (SPA), Planned Unit Development (PUD), and Timeshaze, to develop a
sub-grade garage, nineteen (19) timeshare units and twelve (12) affordable housing units, and to
redesign existing commercial spaces; and,
WHEREAS, upon initial review of the application and the applicable code standards, the
Community Development Department recommended the Applicant amend the proposal to better
comply with the requirements of a Specially Planned Area (SPA), a Planned Unit Development
(PUD), Conceptual Timeshaze, 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, Mazch 4, 2008, Mazch 18, 2008, and April 1, 2008, the
Planning and Zoning Commission approved Resolution No. 9, Series of 2008, by a Four to One (4 -
1) vote, approving Conceptual Commercial Design Review, and recommending the Aspen City
Council approve a Conceptual PUD, Conceptual SPA, Conceptual Timeshaze; and,
WHEREAS, during a duly noticed public 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 Timeshaze; 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), fmal Planned Unit
Development (PUD), final Timeshaze, Stream Margin, Affordable Housing Growth Management
Allotments, Multi-Yeaz Growth Management Lodge Allotments, Rezoning, and Subdivision, to
develop asub-grade gazage, twenty (20) timeshaze units and twelve (12) affordable housing
units, and to redesign existing commercial spaces; and,
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshaze/Growth ManagemenUSubdivision
Page 1 of 21
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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 Mazgin Review
and twelve (12) Affordable Housing Growth Management Allotments, and recommended the
Aspen City Council approve a Final PUD, Final SPA, Final Timeshaze, Rezoning, one-hundred and
twenty-four (124) Multi-Yeaz 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 recontunendafion 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/Timeshaze/Growth Management/P ~ d2 of 21
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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, Mazch 8, 2010, Mazch 31,.2010, May 10, 2010 and May 24, 2010continued to June 1,
2010, the City Council approved Ordinance No. 2, Series of 2010, by a _ to _ ~ -~ vote,
approving Final SPA, Final PUD, Final Timeshare, 124 Multi-Yeaz Growth Management Lodge
Pillow Allotments, Rezoning, and Subdivision; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed
and considered the recommendation of the Planning and Zoning Commission, the Community
Development Director, the applicable referral agencies, and has taken and considered public
comment at a public hearing; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds all
applicable development standazds and that the approval of the development proposal, with
conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfaze.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN AS FOLLOWS:
Section 1•
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
City Council hereby approves a Final Specially Planned Area (SPA), Final Planiled Unit
Development (PUD), Final Timeshaze, Rezoning, one-hundred and twenty-four (124) Multi-
Yeaz Lodge Growth Management Allotments [one-hundred and twelve (112) from t(ie 2009
Growth Management Yeaz and twelve (12) from the 2010 Growth Management Yeaz], and
Subdivision, subject to the following conditions.
Section 2: Subdivision/PUD/SPA Plat and Agreement
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 2010
Aspen Club PUD/SPA/Timeshaze/Growth Management/Subdivision
Page 3 of 21
P9
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, pazking, and
dimensional requirements as approved.
c. A detailed landscaping plan.
d. A drawing representing the project's architectural chazacter, including building
elevations.
e. A final grading and drainage plan meeting all requirements of the City Engineer. The
Applicant shall receive Engineering Department approval for their drainage plan prior to
Engineering Department sign-off on the Final Plat.
£ A final utility and public facilities plan.
g. A nail 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 application, and
referred to herein, as follows:
Lot 1 shall be Lot 15-A
Lot 2 shall be Lot-15-B
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 timeshaze units after substantial completion of the
project. The condominium plat(s) shall be reviewed administratively. The Agreement shall
require recordation of a wndominium plat prior to issuance of a Certificate of Occupancy.
Section 3: Timeshare Documents
The Applicant shall record a Timeshaze Disclosure Statement and Development Instruments
concurrently with the Condominium Plat and Declazation. The documents shall meet all
requirements outlined in section 26.590 of the Land Use Code.
Section 4• Dimensional Requirements
The approved dimensional requirements aze based off the following standazdization: all front yazd
setbacks aze the south side of the lots, all the reaz yazd setbacks aze on the north side of the lots, and
all side yazd setbacks are the east and west sides of the lots.
RR
Dimensional Proposed Dimensional Requirements for subdivided lots
Lot 1: 161,251 sq. fi
Lot 2: N/A
Minimum Lot Lot 3: 11,482 sq. ft.
Size Lot 4: 31,169 sq. ft.
5: 11,332 sq. ft.
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshaze/Growth ManagemenUP ge 4 of 21
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RR
Dimensional Proposed Dimensional Requirements for subdivided lots
Re uirement
Minimum Lot
Area per N/A
dwellin 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 Yazd 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
for gazage access stair, 5 feet below grade
Minunum Side Lot 2: N/A
Yazd Setback
(West Side) Lot 3: 20 feet
Lot 4: 5 feet
Lot 5: 0 feet
Lot 1: 100 feet (15 feet from Top of Slope)
Minimum Reaz Lot 2: N/A
Yazd 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 Corner: 32 feet
Unit 12, Northwest Comer: 41 feet
Unit 12, Southwest Comer: 31.25 feet
Aspen Club Building (Lot 1): 28 feet
Minimum %
N/A
O en S ace
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshaze/Growth Management/Subdivision
Page 5 of21
P11
RR
Dimensional Proposed Dimensional Requirements for subdivided lots
Re uirement
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 s . ft.
132 spaces total:
Minimum Off- Lodge: 20 spaces
Aspen Club and Spa: 95 spaces (60 spaces on Lot 1; 35
Street Parking spaces on Lots 14A & 14V~
AH units: 17 s aces
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 Attomey 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 prepazed 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 further 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 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 apre-construction meeting with the City Community Development
Staff prior to submittal for a building permit application. This meeting shall include the general
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshaze/Growth Management/P S dfi of 21
P12
contractor, the azchitect producing the construction drawings, a representative of the Building
Depaztment, a representative of the Engineering Depaztment, and the Community Development
Department's case planner.
Section 7: Commercial Design Review
The Applicant shall submit an application for final Commercial Design Review within one (1)
year of the date of final SPA/PUD approval. The Applicant is required to receive final
Commercial Design Review prior to submission of a building permit.
Section 8: Building Permit Aaalication
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 azchitect of
record must determine the type of construction for the existing structure and the allowable azea
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.
£ An overall access plan for the site.
g. If the Club is intending to operate while under construction, a plan to maintain exits and
sepazation 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 mazgin azea and the stability of the hillside
above the trail.
Section 9: Engineering
The Applicant's design shall be compliant with all sections of the City of Aspen Municipal
Code, Title 21 and all construction and excavation standazds 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 standazds. The application has been
referred to the Colorado Geologic Survey for their review on the geologic hazazds 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 aze remaining on the
site. Aspen Club Trail access or use for any construction activities is nrohibited at all times; this
includes but is not limited to truck traffic, foot traffic, storage or materials.
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshaze/Growth Management/Subdivision
Page 7 of 21
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Section 10• Ute Trail Imarovements
The Applicant has agreed to contribute to the completion of the Ute Trail. This contribution will
occur no later than 60 days notice of the commencement date/notice to proceed of the Trail's
construction as provided by the City of Aspen. The Applicant has agreed upon a contribution in
the amount of $70,000 to be adjusted annually according to the Consumer Price Index (C.P.L)
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 Improvements
The Applicant agrees to improve the Cul de sac at Ute Ave to accommodate a 100 foot diameter
while maintaining the center island. Sheet 1 of 1 of plans dated 6/30/2009 shows conceptually
how this will be achieved. These plans aze 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 beaz all costs associated
with the proposed improvements to Ute Avenue.
Section 12• Affordable Housine
The Applicant shall provide twelve (12) on-site affordable housing units. Three (3) units of 850
sq. ft. of net livable azea shall be deed restricted to a Category 2, five (5) units of 950 sq. ft. of
net livable azea shall be deed restricted to a Category 3, and four (4) units of 950 sq. ft. of net
livable azea shall be deed restricted to a Category 4. The Applicant shall record a deed
restriction on each of the twelve (12) affordable housing units in conjunction with filing a
condominium plat for the property and prior to issuance of a Certificate of Occupancy (CO) on
the affordable housing units. The Certificate of Occupancy for the affordable housing units shall
be issued prior to or at the same time as the proposed timeshaze units.
The affordable housing units shall be owned and managed by the Aspen Club and Spa. More
detailed information regazding the management and maintenance of the units shall be provided to
APCHA with the proposed deed restriction prior to CO.
The owner shall have the right to rent the units to qualified employees of the Club. If the owner
cannot provide a qualified tenant, the units shall be rented through APCHA's normal advertising
process. At no time shall the tenancy of the units during a lease period be tied to continued
employment by the owner. Tenant leases, however, may be terminated for cause or at the end of
the lease period upon termination of employment.
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshaze/Growth Management/P B dg of 21
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Each tenant in the rental units shall be required to be requalified by APCHA on a yearly basis.
The owner shall convey an undivided 1/10' of 1% ownership interest in the lot on which the units
aze situated to APCFiA. The APCHA ownership interest shall be in perpetuity or until such time
as the units aze converted to ownership units, or the statutory restriction on rent control units is
eliminated.
The deed restriction shall allow the units to become ownership units at such time as the owner (the
Aspen Club and Spa) elects to condominiumize and sell the units, or at such time as APCHA
deternunes one or more units are found to be out of compliance with APCHA Guidelines for one
yeaz. If any of the units aze found to be out of compliance for one yeaz, or the owner elects to sell
the units, the units shall be listed for sale with APCHA at the categories specified in the deed
restriction. The sales price shall be as stated in the APCHA Guidelines in effect at the time of
recordation of the deed restriction plus appreciation calculated at three percent (3%) per annum or
the Consumer Price Index (simple appreciation not compounded), whichever is less, as of the
listing date of the units. If the units aze being sold due to noncompliance, all of the units shall be
sold through the lottery system. If the owner elects to sell the units, the owner may choose 1/3`d of
the initial buyers provided they qualify under APCHA's top priority for the unit.
If the owner elects to sell the units, or they aze required to be sold due to noncompliance, owner
shall condominiumize the units and form a condominium association for the management and
maintenance thereof The affordable housing association shall be sepazate from the fracfional
ownership unit's association.
In the event the rental units aze 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 Mitieation
All codes adopted by the Aspen Fire Protection District at the time of building permit submittal
shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003
Edition, Secfion 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section
903 and 90'7).
The Applicant shall provide an overall access plan for the site with the building permit submittal.
The subgrade gazage shall have adequate fire access. This shall be reviewed and approved by
the Fire Mazshall.
The proposed lawn pavers shall be engineered to support fire truck loads.
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshaze/Growth Management/Subdivision
Page 9 of 21
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Fire sprinklers and alarms aze 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 Standazds, with Title 25, and
with the applicable standazds of Title 8 (Water Conservation and Plumbing Advisory Code) of the
Aspen Municipal Code, as required by the City of Aspen Water Department. Utility placement and
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 standazds for a Type IIIB Commercial Building. This may be satisfied by an analysis
acceptable to the Aspen Water Department which demonstrates system delivery capabilities of
the existing water distribution system at the Ute Avenue side of the project of 3,000 gallons per
minute.
The Applicant shall beaz all costs associated with the proposed improvements to the water line
along Ute Avenue and metering connections that result from this project.
Section 15• Sanitation District Requirements
Since there is an existing Aspen Consolidated Sanitation District owned and maintained main
sanitary sewer line currently running through the proposed development, the proposed relocation
of this main ACSD sanitary sewer line must be approved by the District's consulting engineer
and boazd 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 aze required. Both aze ACSD Boazd of Director's action items. New easements will
be required for the sanitary relocation according to standazd district form. Additional access and
maintenance easements maybe required depending on the final sanitary sewer utility plans.
Service is contingent upon compliance with the District's rules, regulations, and specifications,
which aze 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 regazds to asbestos.
Additionally, code requirements to be awaze 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/Timeshaze/Growth ManagemenUSubdivision
Page ] 0 of 21
P16
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 Li~htin¢
All exterior lighting shail 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 azea (fifteen (15) foot setback azea from top of slope) or in any azea 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 mazgin azea. This shall be verified at time of
building pernut 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 1S1 two weeks of March and the 15` 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 aback-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 ten (10) yeazs after the project .
receives a CO. The report must indicate both daily and hourly traffic counts. The Report shall
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 11 of 21
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also include the status of required TDM program components. For each yeaz the Club does not
meet the zero growth goal, the annual reporting obligation shall be extended by one yeaz. If staff
reviews the report and fmds 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 pazkmg a roved b bthetTranesportation, Eng veering, Envilronmental
growth goal in some other way, as aPP y
Health, and Community Development Departments.
Section- 19: Perks
Building permit plans shall include a detailed plan submitted for stream mazgin protection an
stability of the hillside above the trail. The detailed planoVha lsdenf ations~ f n ededsiltminnnin~g
and erosion control along the hillside. The City can p P
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 fo torane ofcm t rials and ovation
shall detail how the construction will take place with staging, g
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 aze 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 planti~g tanbmittal nThis legend shallgnclude specbes name. ed by
the Pazks Department at building p
Building Permit Plans shall detail the material and width of the footpath proposed within the
stream mazgin azea. This footpath shall be installed with hand excavation tools only and set
azound all trees to remain on site. The utilities located under the trail should be developed and
installed with junction boxes so future repairs can be accomplished without the need to excavate
the new trail. This trail shall not be used for or provide access for any construction activities.
This includes but is not limited to truck traffic, foot traffic, storage or materials.
includes but is not 1 mited to truck traffic, foot trafficnstorage or maleo)u~'bited at all times. This
The Applicant will be subject to the Pazks Development Impact Fee in place at the time of Building
Peilrlit Submittal. Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshaze/Growth Manageme P gebdz of 21
P18
Section 20: Parkins
No pazlcing 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: Enerav Commitment
(a) An audit of the gas and electrical energy consumed by the existing 77,000 squaze
foot Aspen Club building during the preceding three yeazs was conducted by Resource
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/yeaz over the subject three yeaz 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 Timeshaze 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 fum,
in order to achieve the energy consumption Baseline Average for all anticipated uses of the
Property (including the Club, the Timeshaze 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 exisfing
systems) that are incorporated in the approved Building Permit.
(d) The fmal 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 yeaz period following the
issuance of the final Certificate of Occupancy for the Aspen Club Living development, the Club
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshaze/Growth ManagementlSubdivision
Page 13 of 21
P19
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.
(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 anon-compliance with
the Baseline Average, then the Club Owner shall continue its good faith efforts to upgrade the
energy consumption on the Property pursuant to the previous recommendations of the
engineering firm and shall have the right to draw funds from the Escrow Account to pay for such
remediation efforts.
(h) If said fifth year audit determines that the energy consumption on the Property
does not exceed the Baseline Average, the Escrow Account shall be closed and all remaining
funds therein shall be returned to the Club Owner and no further energy reports or audits shall be
required. If said fifth year audit determines that the energy consumption of the Property exceeds
the Baseline Average, the Club Owner shall be obligated to provide an additional energy
consumption audit six years following the date of issuance of the final Certificate of Occupancy
for the Aspen Club Living project, covering the preceding three year period and averaging the
energy consumption of the Property over said three year period. Such annual audit obligation
shall continue until such time as an audit determines that the energy consumption on the Property
does not exceed the Baseline Average.
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Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 14 of 21
P20
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Section 23=1: 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
• Pro~rammin~
• 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 powertap 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
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshare/Growth ManagementlSubdivision
Page 15 of 21
P21
• 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
• Ns
• spa entrance area
• signage°
• replace steam units
• equipment in spa
• redesign retail space
(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.
This assessment shall sunset 25 years from the date of this approval. Said ACLC Fractional
Interest Assessment shall be due and payable b~purchaser at the time of closin og f the
Fractional Interest transfer and shall be submitted and paid to the City Cashier in the Finance
Department and prior to the recording of the purchase deed in the Office of the Clerk and
Recorder of Pitkin County Colorado. If not paid when due, said Assessment shall bear interest
at the rate of 18% per annum until so paid and such Assessment and interest shall constitute a
All ACLC Fractional Interest Assessments received from time to time by the City Cashier shall
be promptly deposited in a fund to be known as the Aspen Club Community Health and
Recreation Fund (the "Community Recreation Fund"). The purpose of the Community
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshare/Growth ManagementlSubdivision
Page 16 of 21
P22
Recreation Fund is to protect the Ongoing Community Benefits currently taking place at the
Club, as defined below, that cease for any reason, to be carried out by the Club. Fifteen (15~
years from the approval of this project, the below commitments will be determined to be satisfied
and any remainingmonies in the Fund will become available to fund and advance worthy
projects and ideas around health and recreation in the Aspen Community. Aspen City Council
at their sole discretion, can agree to release some of these funds earlier than 15 nears so they can
be made available to fund worthy projects and ideas around health and recreation in Aspen to be
determined by the Community Advisory Committee.
List of Ongoing Community Benefits
• The Aspen Club will be available to host Project Graduation for as long as Project
Graduation wishes to be at the Club
• The Aspen Club will be made available for Local Olympic and other elite athletes
who wish to train at the Club.
• The Aspen Club will be made available for local Paralympic athletes who wish to
train at Club.
• The Aspen Club will continue to host occasional community events and social
athering_s.
• Amanda Boxtel and other disabled members of our community will be allowed to
train on the Aspen Club's Alter G machine for the life of that equipment.
• The Aspen Club will continue to hold seminars and lectures during the year that are
open to the public.
• The Aspen Club will continue to provide free office space to two local charities.
The monies in the Community Recreation Fund shall be administered by the Aspen Community
Council and one (1} of whom shall be appointed from time to time by the Club Owner. A vote
of a maiority of the members of the Committee shall be required for all Committee actions
including without limitation determinations as to the purpose or purposes for which the monies
in the Community Recreation Fund shall be disbursed from time to time.
The above-described ACLC Fractional Interest Assessment represents an entirely voluntarX
commitment on the part of the Club Owner, and is intended as an additional and pernetual
community benefit associated with the Aspen Club & Spa Subdivision/PUD/SPA that is the
subject of this Ordinance."
Section 25: Reporting Requirements
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 17 of 21
P23
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.
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• 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.
> >
Section 26~: Site Protection Fund
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 funds (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.
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 18 of 21
P24
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 Improvements
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 281: Detached Residential Development Right
The right to build detached residential dwellings on the property (Lot 15 of the Callahan
Subdivision/PUD, and as subdivided herein) is hereby terminated.
Section 293A: 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 tie-five (5~) years from
the date of issuance of the Development Order.
No later than fourteen (14) days following the final approval of all requisite reviews necessary to
obtain a Development Order as set forth in this ordinance, the City Clerk shall cause to be
published in a newspaper of general circulation within the jurisdictional boundaries of the City of
Aspen, a notice advising the general public of the approval of a site specific development plan
and creation of a vested property right pursuant to this Title. Such notice shall be substantially in
the following form:
Notice is hereby given to the general public of the approval of a vested property right,
pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado
Revised Statutes, pertaining to the following described property: 1450 Crystal Lake Road.,
City of Aspen, CO, by Ordinance No. 2 Series of 2010, of the Aspen City Council.
Section 30~:
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
the Planning and Zoning Commission or City Council, are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein, unless
amended by an authorized entity.
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Tuneshare/Growth Management/Subdivision
Page 19 of 21
P25
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 3L:
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.
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 8~' day of February, 2010, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall
be published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 11`i' day of January, 2010.
Attest:
Kathryn S. Koch, City Clerk
Michael C. Ireland, Mayor
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshare/Growth ManagementlSubdivision
Page 20 of 21
P26
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 2010
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 21 of 21
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 ** 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 remairi 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 tazgeting the
following groups:
• Employees commuting to the Club
P27
Ordinance No 2, Series 2010, Exhibit A
Aspen Club TDM Plan
Page 1 of 12
P28
• Employees living on-site in Aspen
Club affordable housing
• Club members
• Club guests
• Aspen Club Living owners
Ordinance 2, Series 2010
Exhibit A
Ordinance No 2, Series 2010, Exhibit A
Aspen Club TDM Plan
Page 2 of 12
P29
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P30
Ordinance 2, Series 2010
Exhibit A
Aspen Club Living - TDM Measure Detail
FIXED ROUTE ASPEN CLUB SHUTTLE
The Aspen Club will provide shuttle service to and from the Club at regularly scheduled intervals. These
would augment the Cross Town Shuttle services, operating on a fixed route and schedule.
Details
a. Shuttle vehicles will be reduced emissions or zero-emission.
b. Shuttle service will be free of charge for employees, members, owners and guests.
c. Signs and other information identifying the routes and times will be posted at the Club,
and, if permitted, at Rubey Park and other locations in town.
d. The shuttle will be publicized in Club marketing materials and inside the facility.
e. The shuttle schedule will coordinate pickups and drop offs to best accommodate
employees who are arriving/departing Rubey Park.
f. The shuttle route/schedule will be coordinated with hotel partners to minimize total
shuttle trips to the Aspen Club.
g. Employees will be allowed to access shuttle service for lunch, errands, etc.
Schedule
a. This service will be provided half-hourly from 7 AM to 9 PM every day during the peak
summer and winter seasons. (Peak summer season is defined as Food and Wine
Weekend -Labor Day; Peak winter season is defined as December 15th -the Close of
the Ski Mountains.) These hours may be increased or decreased depending on actual
demand experience, but will not be less 13 round trips daily operating at approximately
the morning (8-9:30am), mid-day (12-1:30pm) and evening (4-6:OOpm) peak hours, on
the half hour and the hour.
b. During shoulder seasons and before 7 AM and after 9 PM, there will be scheduled service
that at a minimum remain within those trip numbers outlined above unless agreed
otherwise with the Transportation department. A reduced service schedule in the off-
season may be appropriate.
c. Without the minimum level of service in place described above, the Club will be required
to contribute a fee equal to 13 trips per day to the operation of the Cross Town Shuttle.
Ordinance 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
P31
discussed above.
P32
Ordinance 2, Series 2010
Exhibit A
BUS PASS SUBSIDY
The Aspen Club will provide reduce priced bus passes for employees to use ItFTA. 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 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.
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.
P33
P34
Ordinance 2, Series 2010
Exhibit A
Phasing
This program must be approved by Transportation Department and in place no later than six months afrer
the date of issuance of Certificate of Occupancy. 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 afrer the date of issuance of Certificate of Occupancy.
Program must be marketed to employees, with marketing measures to be provided to Transportation no
later than six months afrer the date of issuance of Certificate of Occupancy. Measure to remain in place in
perpetuity unless approved for discontinuance by the Transportation Department.
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 2, Series 2010
Exhibit A
MEMBER INCENTIVE PROGRAM
The Aspen Club will create an incentive system for members who walk, ride their bikes or take either our
shuttle or the Cross Town Shuttle to and from the Club.
Details
a. Information on this incentive system will be provided in membership materials.
b. Members will have a punch card system to track their use of alternative transportation.
c. Incentives will potentially consisting of gifr cards, prize drawings or end of season raffles
for prizes and rewards.
Phasing
Program must be in place no later than six months after the date of issuance of Certificate of Occupancy.
Measure to remain in place in perpetuity unless approved for discontinuance by the Transportation
Department.
HOUSING PREFERENCE
Preference for access to On-Site Affordable Housing would be given to employees who agree not to park
a car at the Aspen Club. The Club will also develop move-in packets that will provide information on all
alternative transportation programs provided in Aspen.
Phasing
Program to be in place before first tenants move in and to remain in place for future tenants.
CAR RENTAL DISCOUNT
Arrangements will be made with a local car rental company for discounted car rentals.
Details
a. The Club will arrange for discounted car rentals for our employees who live on-site as
well as for Aspen Club Living owners.
b. Trips will be charged at the negotiated discounted car rental rates.
P35
P36
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.
Phasing
Program must be in place no later than six months after the date of issuance of Certificate of Occupancy.
Program must be marketed to employees, with marketing measures to be provided to Transportation no
later than six months after the date of issuance of Certificate of Occupancy. Measure to remain in place in
perpetuity unless approved for discontinuance by the Transportation Department.
CARSHARE PROGRAM
A Carshare vehicle will be available, on-site, for employees living in affordable housing as well as for
Aspen Club Living owners.
Details
a. Prior to opening of the project, the Aspen Club and Transportation Department will
determine how to best structure this program, possibly using the services of CAR TO
GO, or possibly being operated by the Aspen Club.
b. Issues to be addressed include:
i. Ownership of vehicle
ii. Access to the vehicle
iii. Payment of maintenance and operating costs
Ordinance 2, Series 2010
Exhibit A
Phasing
A complete plan for the implementation of an on-site carshaze program must be presented to and
approved by the Transportation Department no later than six months prior to the issuance of a Certificate
of Occupancy. This plan must include, at a minimum:
1. Purchase/ownership of vehicle(s)
2. Type of vehicle(s)
3. Parking location(s)
4. Allowable customers
5. Vehicle replacement plan
6. Operations plan including reservations, access, fueling, insurance
7. Subsidy/cost sharing plan for CAR TO GO, should CTG operate the vehicle
MONITORING PROGRAM
The effectiveness of the program will be measured in several ways:
l . 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 aback-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. Asemi-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 IS and July 15 annually for ten
(10) 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 Ctub 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.
P37
P38
Ordinance 2, Series 2010
Exhibit A
CHANGES TO THE PLAN
If the Applicant chooses to update the traffic counts from the baseline in the current TDA study and those
numbers are different than the current counts done by TDA (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.
~~~i~a~~Xh~~~J~ P39
Aspen Club Living
Traffic Impact Study
Prepared for:
Aspen Club & Spa, LLC
Aspen, GO
Prepared by
TDAColorado, Inc,
900 E, Louisiana Ave. p100
Denver, CO 80210
lda(c4ldacolorado oom
Under the diregion of
DAVID D. LEAHY, p.E.
August 4, 2009
P40
Aspen Ctub
Trq)Jlclnipac
TABLE OP CONTENTS
1
INTRODUCTION .................................................................... ...........................................................
.
3
EXISTING CONDITIONS ....................................................... ..
........................................................
3
Traffic Volumes ....................................................................... ...........................................................
.......................................
ortation
bli
T
P ........................................................... 4
......................
ransp
c
u
Pedestrian, Bicycle and Equestrian Transportation ................. ........................~..................................5
..
l ............:..............................................5
s .....................................................................
Traffic Contro 5
Turning Movement and Daily Volumes .................................. ...........................................................
......................................
.
ECT DESCRII'TION
PRO ...........................................................7
................
.
J
FUTURE BACKGROUND CONDITIONS ........................... ............................................................ 9
9
FUTURE PROJECT TRIPS ...................................................... ............................................................
Trip Generation, Standard ...................................................... ........................................................... 9
...................................................10
.
Trip Distribution .................................................................... ....
..
13
TRANSPORTATION DEMAND MANAGEMENT PLAN . ..........................................................
....................................................17
.
Phasing of Measures ................................................................
......................
i
P ....
.
..........................................................17
rogram ........................................
ng
Monitor
Trip Reduction with Proposed Management Actions ............ ..........................................................18
ENVISIONED UTE AVENUE SAFETY PROGRAM ........... .......................................................... 20
PARKING REQUIREMENTS &SUPPLY ............................. ........................................................... 22
QUALITY AND LEVEL OF SERVICE .................................. ........................................................... 22
SUMMARY 8i RECOMMEMDATIONS ............................... ........................................................... 2A
.......2E
...
APPENDIX A .......................................................................... ..
...............................................
............. 26
.
Glossary ................................................................ ................. .
............................................
LIST OP TABLES
1
bl
T Site Vehicle Trips .........................................................
Existin ........................................ . ~
e
a
ble 2
T g
Vehicle Trip Generation ........................................................... ......................................... 10
a 19
bl
3
T Reductions with Proposed TDM Plan .............................
Tri .........................................
a
e p
:
l 22
'T'
bl
4 .......
y ......................
uirements & Proposed Supp
Re
Parkin .........................................
e
a q
g
............................................
Mode
ice b
f S
li ......................................... 23
Table 5 ..........
y
erv
ty o
Qua
LIST OF PIGURES
Figure l Vicinity Map & Traffc Count Locations ....................... .....................................................3
.......................
Figure 2 Existing Stte Plan ............................................................ ..............................
Pigure 3 Existing Design Day Volumes ........................................ .....................................................8
...................
Figure A Proposed Site Plan .......................................................... ..................................
...................... l l
Pigure 5 Club Trip Distribution .................................................. ..............................
Figure 6 Residential Trip Distribution ........................................ ....................................................12
Pigure 8 Ute Avenue Traffic Calming ......................................... ....................................................21
Bi32co9 page i TDA Colorado
P41
CltrbLiving
INTRODUCTION
This report describes the traffic impacts associated wish the Aspen Club & Spa's planned renovation and
residential development project. The Aspen Club is situated between the Roaring Fork 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 projett 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 respectfor the residents along
that corridor. The report enumerates a series of measures to be undertaken by Clvb 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, Ute 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 settioas:
Existing Conditions - refers to today's traffic, pedestrian, bike, parking, and transit conditions.
Future Conditions without Transportation Demand Measures - a forecast of conditions in the
future project completion year with no formal vehicle tiip reduction measures,
Purure Conditions with 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.
&38009 Pago 1 TDA Colorado
P42
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7Y~a,/Jtc lmpacr Snedy
EXISTING CONDITIONS
The existing Aspen Club & Spa is located on a S-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 apedestrian/bike trail and bridge crossing the river, leading to the Club.
Figure 2 shows the existing site layout and access points.
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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 summer traffic counts performed at two
' Letter Report to Michael Fox, Aspen Club & Spa Traffic Count, TDA Colorado, Inc. October 29, 2008
ar~reoov Page 3 TDA Colorado
P44
Aspen Chrb Living
7Fo~c lmpncl 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 lOAM and 1PM, and
again between 3PM and 6PM for weekday and weekend.
Asa "design day" for assessing future development traffic, a Thursday during August would
represent a typical high traffic activity day for the surrounding neighborhood, when Club
traffic exhibiu 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.
e 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 BO% 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°k. oI 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
RPTA 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 RFT'A. 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 summer in the Aspen area.Z
' RFTA website.
8/3?009 Page 4 TDA Colorado
P45
Aspen Cltrb Lrvirrg
73~a~c bnpacl Shrdy
Pedestrian, Bicycle and Fyuestriart 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 U[e Cemetery where
it bends north around the Benedict property to follow the Roaring Pork 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 Tlursday 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 voJutnes occur during the PM peak hour at the Original/Cooper intersection
with 130 southbound left turns and 167 eastbound right turns. Both of these movements are links
in the State Highway 82 designated route through the city.
As depicted in Pigure 3, combining 610 daily Club vehicles on Ute Avenue with the 250 vehicles
using Crystal Lake Road indicates a total of S60.vehicle trips attributed to the Club & Spa on a
typical summer weekday.
si3iaoov Page 5 TDA Colorado
P46
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Aspen Chrb Lfving
TrafJ7c Impact Snrdy
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 she
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 SP to about 77,800
SF. However, for trip generation purposes, it is assumed that the current usage levels wip
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 offsite spaces across the river. The
new undergtound parking will access Ute 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.
sraaoov Page 7 7DA Colorado
P48
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n Club Ltving
lmpac! 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 east of the Club.
PUTURE 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 (ITE)
publication Trip Generation (7ih Edition). However, ITE states that when site•specific data (such
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 repott, showing Friday as the peak
usage day of the week, with about 860 total daily vehicle trip-ends. A vehicle trip•end represents
either the beginning or end of a visit to the project site; each with 2 trip-ends, referred to as nips,
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, the actual Club square footage will be
less than existing, yet for vehicle trip generation, the current level of travel to the site is assumed.
Table 1
Existing Site Vehicle Trips
Asoen Club & Spa
AM Pk Hr PM Pk Hr
Club Member&EmployeeTrlps In Out in Out
v+a Ule Avenue Entrance
via Crystal Lake Road Access 40
9 14
7.__ 30
9 34
_26
Total Pik Hour Directbnal Tri 49 21 39 60
Total Peak IiourTrips 70 89
August 2008 count date, TDA Colorado, Inc.
The existing 84,600 SF Club facility currently exhibits the following uip generation rates:
• 10.17 Daily vehicle trips per 1,000 SP
• 0.83 AM peak hour vehicle trips per 1,000 SF
• 1.17 PM peak hour vehicle [rips per 1,000 SF
s~aoov page 9 TDA Colorado
P50
Club Living
Residential Trips
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 (N233).
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 (1!223).
Vehicle trip generation is summarized in Table 2, showing tota3 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. \~/F7en creating a Transportation Demand
Management (TDM) 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
Wtth Residenlial Protect and No Trip Reduction Measures
Ashen Club Living
Duantly CunlBy 6 Trip
rt pN Px HIVrE` PM FkHrTdp 6lds AN pxHrViE~ Aa Pk Hr Tdp Beds Tobl Dtly VrE'
LaM Uwe 69n6r GanerNbn ~
CoOa Rib %b %oul ToW IN a1i Reb %In %Od Tdal IH WT Rab Tdpe
IsiMB Club Faci9tlae 8d.8 KGFA 89.6 KGFA 70A 1.17 ¢BK 61% 99 39 60 0.87 70% 30b 70 49 21 10.17 680
ropcead Reeldentbl
CIW Resldeniel; 7~bdlm q DD'a 6 keyso 233 056 23% 71% 4 7 3 ¢55 679'. 77% 6 3 - 2 8.20 W
Cllb Residadal; 2~Bdrm 2DUt 4 kaysr 233 0.56 2JK 77% 3 1 2 0.65 87% 77% 2 1 1 8.20 25
iownlnuse ReLOaMel:4-fidrm gDU's Bk¢ya° 233 056 23% 77% d 1 3 ¢65 63a 37% 5 7 2 6>D W
Townl'oe9B Retldetlbt7~D7rm 10 DUS 20 keAx 233 0.56 23% 7/% 17 3 9 0.S 67K 3796 tt ~ 7 4 67D tt4
Albnleble Haialr0; 2~Wrm 12 DU'S 12k x 223 0.79 68% 12% 6 0 2 0.30 ~3NK ~89% 3 1 .Z 4.60 S
dal Pro sed Reeitlendal 32 52 28 9 t8 28 15 11 704
opuaed Clu689 aRendrrellon 78.9 KGFA 84.6 KGFA TDA 1.17 39% 91% 99 39 80 0.83 70% 30% 70 48 21 10.17 680
Standard TOTAL Vehida Tripe wl91ProJed ~ PM Poak Hour M127 49 78 AM Peak Hour 96 64 72 Daly 7,184
Net AODEDVehkle7dps before Trlp Reductlon PM Peak Hour 29 9 18 AM Peak Hour ZB 75 11 Dely 304
11 VIE=lekbh Kpen9V reade6parbnproums anermem0asre amoo~ama aae~ary iw a.iw~..q
?, Nya•mn5orol peanMlw#MU9ts pa dadlre .
>) Sound Ix Wa u~dn8raun0R'r'x1B 4KK
ITETrfp (breratlon Cedes: 223 Mtl~RaeA~rMer9
233 luxury ColdNfwnhne
TDA Derived from AUgust2r08 colnla.
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 offsite and
walking via the Roaring Fnrk 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.
6i3aoov Page 10 TDA Colorado
P51
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P53
Pages 13 -19 are replaced with Exhibit A
to this Ordinance. Exhibit A is the up to
date TDM Plan.
P54
n Club
Impact
ENVISIONED UTE AVENUE SAFETY PROGRAM
One of the main issues today for the Aspen Club and its neighbors is safety along Ute Avenue.
\C/ith a few improvements, Ute Avenue today could be made into a much safer street. We would
propose:
1. NEW SIDEWALK - As shown in Pigure 7, we would propose a new sidewalk to 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
Examples of Pavement Markings for Speed Tables or Speed Humps with Crosswalks
Aspen Club Living
L09on0
OPTION A OPTION B h ntra[lan OI hAYB1
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Source: Manual on UMform Traffic Control Devices, 2003, FHWA
2. SPEED HUMPS with CROSS\GALKS -Two of these are shown in Figure 8: one at Aspen
Alps and one at the Ute 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 SUMMARY -Together this layout provides a speed hump about 1/4-mile
apart. This is generally consistent wish speed humps spacing used elsewhere in the Aspen
community.
a~.raony Page 20 iDA Colorado
P55
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P56
Aspen Clrrb Living
~nJJlc Impact S(udy
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 hiving 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
Units Required
a proposed
Requlremantr aces
S
P ParkingSpaces
Fractbnal Resldenthl 0.5 spaces per key 40 keys 20
AtfordableHousing 1.Ospeceperunit 12unlls 12
Atfdetic Club 91 s ces s 92 KGSF 91
Total Required Parkin 123
r ular HC
On•site Perking via Ule Avenue 92 5
Ofl•slle Parking across RNer 35 0
127 5
Total ProposedParkingSupply 132
1) VannAssoclates
Previously det~mined; see text.
QUALITY AND LEVEL OP 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.
--_
sirraoov Page 22 TD vote o
P57
crab
Table S
Quality of Service by Made of Arrival
a..,o~ rr„n r rvrv,
Qualify of Service Considerations Aspen Club Living
Pedestrian On•Site: New internal walkways connecting to RF River
pad bridge will pass through new trouaing courtyard with
• Presence, connectivity & sidewalk width landscaping, lighting, and benohes, connecting to Club
. Lateral Separation of Traffic entrance and continuing Io Ute Ave for access to transit
• Battlers & Buffers from Traffic stop. No ddveway crossings for pad access to transit atop.
• Crossing Opportunities New 10' troll along Club's Ute Ave. fromege will connect
with Jewish Community Center site on the east.
• Delays at Intersections
• Driveway Frequency & Volumes OH-Site: Ute Ave. bike Iped (rail leaves Ute Ave. alignment
• Visitor Experience -12D' NW of Club entrance. Club & JCC will provide capital
cost for missing Ute Ave Ilnk across Benedict property to
fhe west, When wnstructed, users will have Ute Ava.
pad/bike trail continuity from Original io JCC with few
driveway Interruptbns en route.
Existing -LOS C
Mltl erect - LOS B LOS A with Benedict (ink com lated
Blcvcle On-Site: Convenient end additional bicycle parking will be
added near entrances fo the Club and clustered near
• Presence of Dedicated Facility reaidenllal units. Shared bicycles will be avatlaMe for
• Network Connectivity employees to use for short tdps to town.
.Number & Width of Travel Lanes offSite: Off road frail along Ute Ave does not conned to
ad) scent to Route main entrance of Club. A 26 mph speed limit, relatively low
• Volume & Speed of Traffic vehlde vdumes end minimal trucks promote a sate
• Percent of Trucks & Buses encountered environment for cyclists on Ute. Ave. Siowar, more uniTOrm
• Pavement Condition vehlde speeds via lraitic calming measures will make Ute
more compatible with bicycle riders,
Existing -LOS C
MUi sled -LOS B
Transl Currently free RFTA cross-town shuttle service from Rubey
Park fo Aspen Club via Ute Ave twice per hour, on the half
• Frequency & Hours of Service hour from 8AM to BPM. Aburnlant seating is available even
• Rellabllity of Service during peak hours.
• Passenger Loads Aspen Club will add a pdvate shuttle serving several hotels
• Travel Times and other Irensfer points for employees, members and
residents. Service using mini buses or vans will be from
TAM to BPM, In addition to RFTA. Shuttles wlil have a set
route. Service information will be provided to members and
residents, as pad of marketing. Club vrill continue to
monitor service to meat demonstrated demands.
Existing -LOS C
Mltl erect -LOB A
Automobile Aspen Club Living with TDM plan is forecast to add a net
increase of 1 AM and 1 PM peak hour trip on Ule Avenue.
• Corfidot Travel Times Thls minimal addition of trai6c will not dtange IrafUc delay
• Intersection Delay or LOS at fhe any of the b intersections analyzed. Car
• Queue Length travel time will incfeasa slightly with implementation of the
Ute Ave. trefflo calming proposal.
aia~oov Page 23 TDA Colorado
P58
Chlb Lfving
mpacl Sludy
SUMMARY & RECOMMEMDATIONS
The Aspen Club and Spa's planned addition of fractional ownership and affordable housing
residential units within xhe 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 persona] 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 xravel corridor
Travel Demand Management Program
This report provides a detailed list of TAM 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 aew development.
Por these TDM tools to be successful, an aggressive marketing campaign offering high quality
alternative transportation services and a suong 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.
e 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.
e 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 employees.
Create incentive programs for Club members who walk, ride bikes or take shutxles to the
facility.
Continue to work with local hotel partners in marketing the Aspen Club shuttle services.
e 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.
s/3rzoov Page 24 ivn w~oiuuu
P59
CIu6 Livhrg
ntpaM Study
Qttality Df.Se!'DLCe
\Gith 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 service) 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 tote Ute Avenue uail across
the Benedict property west of the Club. When this link is completed there will be bike/ped trail
continuity along the fir11 extent of Ute Avenue from Original Street to the JCC site. With this
provision acting in concert with the amenities stated above, we anticipate ped/6ike travelers will
experience atwo-step level aE service enhancement in relation to existing conditions.
Taken together, she Club's developmen[ plan and TDM program make a clear statement of
promoting achievable alternatives to private auto travel in the City of Aspen.
sis¢oos Pege 25 TDA Colorado
P60
Aspen Club Living
APPENDIX A
Glossary
8/]/1009 Page 26 TDA Colorado
P61
~Ispen Club Livrng
TraJ~c tntpac7 Snrdy
GLOSSARY
AVO Avemge Vehicle Occupancy. The average number of people riding in a vehicle at nne time.
Also roferred to as ACO for Average Car Occupancy.
Background Growth A general level of traffic iticrease 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 aver a given section of
roadway or a specific lane during a given time period under prevailing roadway and prevailing Vaffic
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 busies! day of the season would result insubstantial excess capacity for
al] but a few days of the year, an unrealistic standard. The design day standard provides a balance:
adequate capacity for most days of the year with recognition that It Wray be exceeded on five to ton
days per year.
Design Year The year a development is scheduled to open.
Headway The time between vehicles moving in the same direction. Often used to indicate the
frequency of buses on a particular bus route.
HOV High•Occupancy Vehicle.
Level of Service (LOS) A measure of intersection or roadway operating quality ranging from I,OS 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.
Perking Generation The number of parking spaces occupied by one unit of measure {e.g., per
employee, per apartment) sometimos calculated as parking generation rate in ITB's Parking
Generation Manual.
Pass-By Trips In the case of s new development, particularly retail establishments; certain
restaurants, banks, serviu; stations, and convenience markets, Trips are attracted from the passing
traffle on adjacent streets - that is, traffic already "passing by" the site. Thus, when forecasted trips
based on standard trip generation rates or equations are distributed, some reduction is made to
account for those nips.
Peak Hour The hour of the day during which the heaviest volume of trairc occurs on a roadway.
Often there is an a.m. and p.m. peak hour.
Practicai Capacity 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
sianoov Pagc 27 TDA Colorado
P62
Aspen Cl:rb l,Iving
7S•aIJIclnrpacl Srsdy
generally 85% of the supply. For office employees who are familiar with a parking facility, practical
capacity generally rises to 95%.
Queue Area Storage space of a street or within a parking facility fa vehicles entering or exiting.
Shared Parking Parking space that can be used to service rivo or more individual land uses without
conflict or encroachment. The opportunity to implement shared parking is the result of hvo
conditions: variation in the peak accmnulation oPparked vehicles es 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 rivo or mare land uses on a single auto n•ip to a given area
or development.
Signal Phase That part of a traffic signal's tune-cycle allocated to a traffic movement (e.g., left turns)
or a combination of movements receiving llteright-of-way simultaneously.
SOV Single Occupant Vehicle
Traffic Warrants Criteria used to assess the necessity for traffic control devices (e.g. baffle signal).
Transportation Management
TDM - Transpo+iation Demand Management
TMA -Transportation Management Association
TMO -Transportation Management Ordinance
TMP -Transportation Management Plan
VMT -Vehicle Miles Trgveled
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 h•rp volumes to the roadway nerivork and the
assignment ofsite-generated vehicle h•ip volumes to individual driveways/roadways of the
development.
Tr•1p Distribution The expected directional distribution of site-generated traffic on roadway links
and intersections within the study area.
Trip Ends One trip end is equal to one trfp. 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 (rips exiting a site during that
designated time.
Trip Generation The number of trips generated by a development; sometimes calculated in h•ip
ends, as in ITE's Trip Generation Manual. Generally, trips both to and from a development are
counted.
V!C Ratio Volume to capacity mtlo behveen the flow rate of vehicles and/or people to the capacity
of a traffic facility.
italicized tw•nrs rvilhin n defrnilion are separately defined elsewhere in the glossary
Sources: TDA inc., ITE. Urban Land /ns(ilute, Highway Capacity Manual, FfA, APA.
8/3/1009 Page 28 - TDA Colorado
Car;ceptuat F~r~rgv & t~echanfcs! ~~arerns P4an: Ra;re,~ Giut~
f~
Aspen Club Living
Conceptual Energy & Mechanical Systems Plan
1300 Ute Avenue
Aspen, Colorado
Resource
Engineering
Group, Inc.
efficiency • sustainabllity • simplicity
Report prepared by:
Zack Gustafson
August Harz P.E.
Resowee Engineering Group, Inc.
November ?A, 2008
Table of contents
Section 1: Executive Summary
Section 2: Conceptual System Description
Section 3: Historical Data Breakdown
Section 4: Energy Savings Plan
Secflon 5: Final Development Energy Use Projections
Section 1: Executive Summary
Goal:
The total energy use of the entire 1300 Ute Avenue site after the Aspen Club Living
(At`7.) 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 Btutyr or 240 kBtulsf
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 snovvmelt) 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 kBm/sf yr or lower for affordable housing spaces.
• This energy goal is within reach. A 20% reduction in energy use of [he 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
3
Gurceptua! Energy ~ Nieci~crical Sys?eEtes °ian: aspen .`".tub
.~eCt1OII 2:
Whole site systems:
• AGround-Source Heat Pump (GSHP) loop field under patios and the parking
structure will provide 100% of peak cooling and approximately 40°l0 of peak
heating for the entire site. The loop field will consist of approximately 150
boreholes, 200 fr deep and 15 fr apazt.
• 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 lazger 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.
• Solaz thermal collectors were not included in this round of modeling but could
provide heat for DHW requirements and offset pool energy use.
Affordable housing units:
• The new affordable housing units will have in-floor radiant tubing and water-to-
water GSHPs attached to the central loop field for heating. Individual GSHPs per
unit will allow sub-metering of [he living units. No cooling will be provided for
these units.
Town homes:
• New town 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 ho[ and cold water for heating and cooling. Individual GSHPs will allow
for energy use sub-metering.
Page 2
Ps5
ic~n~;*pt+l~yt M:.n°r?;y S: Mcchenirai iYa?writs Plan: ABt:•£r. ~:,tuh
Section 3: Historical Energy Use Breakdown
Sn~
Tennis bu
heatin
7°h
Pool
The average annual energy consumption of the site based on utility bills from January
2006, to July 2008 is 18,600 million Btu/yr. We used several methods and strategies to
split total energy consumption into the following areas:
• Space heating and cooling: We created an Energy-10 model (an hourly analysis,
w/ Aspen weather data) based on building envelope, occupancy, and observed
HVAC operation 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 watts/sf installed. These peak loads were
scheduled in the Energy-]0 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 creased an Energy-10 model based on the existing pool
envelope to approximate yearly use. The air-handler is not currently operational
and was not modeled. All heating energy is provided by the pool and spa boilers.
• Tennis bobble: We created anEnergy-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 yeaz of runtime; ]25 btu/h-sf energy use. snowmelt
area was modeled at approximately 2500 sf.
Page 3
Existing Site Energy Use
18,600 Million Btu/yr
~.
Ge;nceNtund E!4erg;r & t~k"re%;a~¢i:_~t S/aierns Piwn: A>3we:r G!u6
Section 4:
Plan
Reductions to energy use in the existing Aspen
azeas using a combination of different methods.
Space heating & cooling:
The breakdown of the existing zoooo
energy bills shows an average
energy use of 7,450 million ~ 15000
Btu/yr of natural gas and 797
million Btu/yr of electricity to m
loooo
heat and cool the existing o`
building. This represents 45% of
the total use. Using the heating s soon
system described in Section 3,
our analysis shows a 68% o
will come from several different
Existing Club Space Heating
reduction in the energy required Total stte 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 zoooo
equipment totals 3,523 million
Btulyr (1033 MWh/yt), or about > tsooo
19% of total yeazly energy use.
This can be reduced as pazt of ~ toooo
the renovation using lower o
wattage lighting and control
~ sooo
strategies that turn off lights and
equipment when they are not in
1. h . o
~~- _ _ i
-All energy uses
-a s"E Savings ~
~~ _ , ughtlng & plugs
_~.
=,':rr~ .
_2_ ~~
_:_.~2i~v'.}c =ice::.-..
~-_/.13.x.
... .........-.
3,523
2,ai0
use. A 20% reducuon m rg hng
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.
_ _. _,
P67
C:oner,^.iu ? ~i~ercty e~ PP:~ itaniC-Ft .~,yStean.^., AFatt~ t~:;~en ~.taata
DHW:
Existing Club Domestic Hot Water
The energy spent heating water zoooo
for domestic use represents
3,170 million Btu/yt or about .. Isaoo
18% of the total site energy. The
majority of this is for laundry ~ Ioooo
and showers. Using GSHPs, we e
can reduce energy use by 50%,
which results in a savings of £ soon
1,670 million btus/yr or 9% of
the overall energy use. Solar o
thermal panels were not Total site Existing 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 zoooo
a major renovation to the pool
facility. A new building ~ Ioooo
envelope and air handling ~
system will greatly increase ° Ioooe
indoor air quality and thermal `o
comfort in the space, but will ~ sooo
result in a small increase in pool
energy use. Solar thermal panels
were not modeled, but could
provide additional energy
savings.
Existing Club Pool Heating
........
€~ All energy uses
Pool heating
Total Slte Existing use Incresed Use
Energy
Tennis bobble: Existing Club Tannic Bubble
Discazding the tennis bubble 20000 -- -'-"-'--------
and its heating system, as €~ -'~__'
=:~ .?: ~=An energy uses
planned, represents a 7% v 15000 - ~ * -s -""" Savings ""'""-
savings. The bubble is a fairly ; =-,yam - ~ :;
simple structure wrth a m
Ioooo
? ~ ...
,,.-
- ....... s7ennis bubble
straightforwazd hearing system _. `
and is easily modeled. Our z sooo ~
~:
model predicts an average ~
~~ -~~~_
~'' ~'~
327
1
327 1
energy use of 1,224 million ~ ~~~--+ ,
,
~:
Btu/yr of natural gas and 103 _
Total s¢e Extsnng use Reduced use
million B[u/yr of electricity for energy
Fans and lighting. This is based
on the optimistic 80% nameplate efficiency of the existing heating system, continuous
conditioning to SO°F, and a generous R-1.7 insulation value for the skin of the bubble.
Page 5
Reduced Use
cnnreptuae ~n~i~t`y7n s.£erhanicsf 5vs!:e^~i's Pian: t6spenCtuB
$nOwnleit: 200D0
The proposed azea for snowmelt
is 550% greater than the
existing azea, increasing the • 150D0
„
energy used. We estimated the ~
increased use with calculations ~ loooo
based on the Aspen-Pitkin
Energy Code and historic E sooD
snowfall data for the Aspen
azea. D
Exlstfng Club snowmelt
-. - r-=All energy uses -
~Snowmelt
Total Site Ewst!ng Use Increased Use
Eneryy
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 Btv/yr or 34% over recent historic
energy use. This represents enough energy to supply the planned new development as
well as a cushion to absorb small changes in construction design, and allow for vaziability
in energy use patterns of club guests and residential tenants.
Projected Site Energy Use
18,600 Million Btu/yr
pace heating &
cooling
14°k
snowmelt
18%
Tenr
0%
Lighting & Plugs
15 °/a
Page 6
Pool Heating
10°Po
_ P69
..-n C:~re: e-~?tua Nttzrc~y 1.!• NRa,han€c=s: S`da§;'.;"r-a. Fi[,n: k4[~en C:lula
Section 5: Final Development Energy Use
Affordable
housing
2°k
Townhomes
8%
Club residenti~
units
3%
The energy use of the affordable housing, town homes, and club residential units shown
in the graph above are based on Energy-]0 models developed from planned construction
design. System design was modeled as outlined in Section 2. The town homes as modeled
will require 39 kBtu/sf/yr. The club units will require 37 kBtu/sf/yr, and the affordable
housing units will require 34 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 squaze feet of residential space while
using the same or less annual site energy is achievable. We believe these results are
conservative. Detailed calculations and modeling results aze avaIIable 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
New Energy Use
18,600 Million Btu/yr or less
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EXHIBIT A
Chapter 26.440, SPECIALLY PLANNED AREA (SPA)
Sec 26.440.030(A) Standards for Designation. Any land in the City may be designated Specially
Planned Area (SPA) by the City Council if, because of its unique historic, natural, physical or
locational characteristics, it would be of great public benefit to the City for that land to be allowed
design flexibility and to be planned and developed comprehensively as a multiple use development.
A parcel of land designated Specially Planned Area (SPA) shall also be designated on the City's
Official Zone District Map with the underlying zone district designation which is determined the
most appropriate. The underlying zone district designation shall be used as a guide, but not an
absolute limitation, to the uses and development which may be considered during the development
review process.
Staff Finding:
In order for an SPA designation to be approved, this "Standards for Designation" requirement
must be met. That is, the City Council, aiier hearing a recommendation from the Planning and
Zoning Commission, must determine that because of the site's "unique historic, natural, physical
or locational chazacteristics, 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 pazcel, 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:
I. Whether the proposed development is compatible with or enhances the mix of
development in the immediate vicinity of the parcel in terms of land use, density, height,
bulk, architecture, landscaping and open space.
Staff Finding:
The uses in the azea aze quite mixed, with commercial, single-family free market residential,
multi-family affordable housing, and non-profit uses all on the adjacent properties. Along Ute
Avenue, there aze short term accommodations (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 azchitecture, the applicant has stated that the proposed mass, scale, and materials aze
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
P73
the azea, 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 similaz to residential uses in the area, modulation Typical of residential
townhomes) and changing the existing blank fapade of the club to be more articulated and
pedestrian friendly. 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 timeshaze units to the Club and the pazking areas.
In addition, the applicant is providing a permanent trai] 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 cleazer connection to the
ripazian azea 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 neaz the urban/rural fringe, and as such the azea has a more
rural feel than other areas of town. The elimination or relocation of units 5 and 6 on the lower
bench will help create the open space staff finds is needed in this proposal. The current
landscape plan includes a great deal of paving, and seems rather formal. Given the site's
context, staff believes less formal landscaping and less paving is needed.
Staff finds that the proposed use mix will fit in with and is consistent with the vaziety of uses on
the immediately adjacent parcels and the overall context of Ute Avenue. Staff believes the
proposed health and wellness program will be a good addition to the existing Club services and
to the community in general.
Overall, staff finds this criterion to not be met.
2. Whether sufficient public facilities and roads exist to service the proposed development.
Staff FindinE:
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
P74
Ute Avenue as a result of this development. The applicant has also committed to not increase the
amount of traffic on Ute Ave as a result of this project. The applicant has also committed to
paying for street improvements to Ute Avenue, including speed tables, a trail connection, and
paving part of the cul-de-sac. Further, the Applicant has agreed to upgrade the existing water
service line and to relocate a sewer line to accommodate the proposed units. Staff finds this
criterion to be met.
3. Whether the parcel proposed for development is generally suitable for development,
considering the slope, ground instability and the possibility of mudflow, rock falls,
avalanche dangers and flood hazards.
Staff Finding:
The Applicant has located all development outside the Roaring Fork River's mapped 100-year
floodplain. No other natural hazazds aze believed to affect the lot. The applicant conducted an
avalanche study as part of the final application, which found the affordable housing units aze in
the "blue zone." According to the study, "blue zone" avalanches have a return period of 30 to
100 years, or a 1% to 3% probability annually. The applicant and Engineering Department have
agreed to have the mudflow risk evaluated by the Colorado Geologic Survey. Staff finds this
criterion to be met at this time.
4. Whether the proposed development creatively employs land planning techniques to
preserve significant view planes, avoid adverse environmental impacts and provide
open space, trails and similar amenities for the users of the project and the public at
large.
Staff Finding:
The proposal replaces existing tennis courts with lodging units, adds lodging units to the existing
building, and adds affordable housing units to anunder-utilized portion of the site. While there
are no protected view planes in the vicinity, Staff believes it is important to retain the perception
of the ripazian 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 ripazian azea is made prominent in the design. Staff
believes the elimination or relocation of units 5 and 6 will help open the site plan and make the
riparian area more prominent.
There is an existing path that crosses the Aspen Club property near the river. This path will be
maintained in the proposal. Additionally, the applicant has committed to installing a sidewalk on
their property along Ute Avenue to help complete a needed pedestrian connection. The applicant
is also formally dedicating the trail running from the river to the 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 DeparUnent 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
P75
Overall, Staff finds this criterion is not met.
5. Whether the proposed development is in compliance with the Aspen Area
Comprehensive Plan.
Staff Findin,e:
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-mazket commercial
and free-mazket 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 aze proposed, which wilt 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 chaaacter, tends to return more money to the
local economy, and provides additional opportunities for upwazd mobility of people" and that
"the community and its governments should support local ownership as well as externally-owned
businesses that are locally-serving and locally-involved" (Philosophy, pg 31). The Aspen Club
Exhibit A -SPA Review Criteria
Page 4 of 8
P76
is owned by a vaziety of locals and non-locals, but it is a locally operated business. The stated
goal of this proposal is to provide a new health and wellness opportunity for residents and
visitors, and to use the money raised through the timeshaze sales to subsidize programs for
locals. The Club cunrently provides services and events that aze 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 towazd furthering the goals outlined Aspen
Area Community Plan.
The Economic Sustainability section also states that it is important to "encourage resource
efficiency, environmental responsibility, and cultural and community sensitivity in local
organizations and in construction" (Policies, pg 32). The applicant used the new LEED for
Neighborhood standards in developing the proposal. This requires that development be done
using environmentally friendly techniques. To that end, the applicant is investigating ways to
minimize construction impacts, utilizing alternative renewable energies and various energy
efficient materials. The applicant has committed to no net new energy use as a result of this
project.
Arts Culture. & Education:
The AACP states that "...arts, culture, and education aze acknowledged as essential to Aspen's
thriving yeaz-round economy, its vibrant international profile, and its future as a unique place to
live, work, and learn" (Philosophy. Pg 45). The Aspen Club currently works to promote the
Arts, Culture, and Education of the Aspen Area by supporting local non-profits through
provision of office space and financial support, and by facilitating educational and wellness
programs for Club members and community members at lazge. 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 ripazian azea on the site, and bringing the riparian area
into the site, however staff believes the current mass detracts from the natural beauty of the area.
The removal or relocation of units 5 and 6 would further help the development meet this section
of the AACP.
This section also states that "All Developments should be in accordance with the Wildlife and
Biodiversity map and the Pazks, Open Space, and the Environment map to protect sensitive
habitat azeas (e.g. ripazian corridor and Elk habitat)" (Policies, pg 35). The development is
respecting the required stream mazgin setback and the applicant has worked with the Pazks
Department to ensure that construction methods will not negatively impact the. riparian area.
Design Oualitv:
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
P77
sometimes not, as opposed to azbitrariness. `Context' refers first to region, then town,
neighborhood, and finally the natural and man made features joining a particular development
site. Decisions regazding 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 azchitecture. Further, Staff finds that the changes help
ensure the development will "enhance the special chazacter of our community." The Aspen Club
site is unique, and this Application proposes a unique addition to the Club. Staff believes the
changes to the site plan begin to reflect these opportunities. In terms of uses, the project does a
good job of relating to the immediate context which is comprised of a vaziety of uses. In terms
of massing, staff is concerned that there is too much mass on the site given its context of being
on the urban/rural fringe. The elimination or relocation of units 5 and 6 would help better meet
the Design Quality section of the AACP.
Transportation:
The AACP has a number of goals and policies related to Transportation, including a policy that
new growth should be structured "on compact, mixed-use patterns that enable and support travel
by foot, bicycle, and public transportation for all types of trips" (Policies, pg 22). Additionally,
the Transportation Chapter includes goals to maintain and improve "the appeal of bicycling and
walking...by adding sidewalk connections, replacing sidewalks, and requiring sidewalks as part
of development approvals, where appropriate..." (Goal C, pg 22) and "the appeal of carpool or
vanpooling for a wide variety of trip types" (Goal D, pg 22). The Transportation Chapter also
includes a policy to "require all employment, school, social, recreation or other activities that
generate demand for travel to mitigate traffic impacts through support of alternative
transportation modes in proportion to trips generated." (Policies, pg 22)
The applicant has worked with city staff to create a set of Transportation Demand Management
(TDM) tools that focus on alternative forms of transportation, including cazsharing, vanpools,
carpooling, biking, and walking. The applicant has also committed to installing a new sidewalk
along Ute Avenue to make walking and biking safer and more viable. The TDM plan includes a
commitment to continue use of the Cross Town Shuttle and the use of coordinated vans and
shuttles for employees as well as visitors who stay at other hotels but want to use the Aspen
Club. Coordinated pick up service at the airport is also proposed for the timeshare users. Staff
believes that the TDM plan meets the goals and policies of the AACP related to Transportation.
6. Whether the proposed development will require the expenditure of excessive public
funds to provide public facilities for the parcel or the surrounding neighborhood.
Staf(Findinp:
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 timeshaze owners.
Exhibit A -SPA Review Criteria
Page 6 of 8
P78
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 preliminazy report indicates there are
adequate flows. The applicant is working with the City Water and Fire Departments to confirm
this. The applicant is also working with the Engineering Department to ensure adequate
drainage exists on the site.
While no net new truck delivery traffic is anticipated as part of this project, it was found after
Conceptual approval that the existing cul-de-sac does not have adequate pavement to meet city
standazds. Some improvements to the existing cul-de-sac pavement will be needed to
accommodate truck traffic. The applicant is working with the Engineering Department to
determine to what extent the applicant is responsible for the improvements. Staff finds this
criterion to be met at this time.
7. Whether proposed development on slopes in excess of twenty percent (20%) meet the
slope reduction and density requirements of Subsection 26.445.040.B.2.
Staff Finding:
The property's northern lot line lies in the Roaring Fork River, and then the property slopes up to
meet Ute Ave on the south. There aze 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 squaze feet of land azea is available for floor area
calculations. The proposed development equals approximately 95,000 squaze feet, or an FAR of
approximately 0.55:1. Staff finds this criterion to be met.
8. Whether there are sufficient GMQS allotments for the proposed development.
Staff Finding:
The Applicant has requested the necessary Affordable Housing and Lodge Growth Management
Allotments. The proposal will decrease the amount of commercial space on site, so growth
management allotments aze not required. The applicant needs 12 affordable housing allotments
and 124 lodge pillow allotments. In a single growth management yeaz there aze 112 lodge pillow
allotments available. Because the applicant needs 12 more pillow allotments then aze available
in this growth management year, they have requested multi-yeaz allotments. Staff finds this
criterion to be met.
B. Variations permitted. The final development plan shall comply with the requirements of the
underlying zone district; provided, however, that variations from those requirements may be
allowed based on the standards of this Section. Variations may be allowed for the following
requirements: open space, minimum distance between buildings, maximum height, minimum
front yazd, minimum rear yard, minimum side yard, minimum lot width, minimum lot area, trash
access area, internal floor azea ratio, number of off-street pazking 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
P79
Staff Findine:
There aze no requests to vary the dimensional requirements as pazt of the SPA. These requests
aze made under the PUD request. Staff finds these criteria to not be applicable.
Exhibit A -SPA Review Criteria
Page 8 of 8
P80
EXHIBIT B
Chapter 26.445, PLANNED UNIT DEVELOPMENT
Sec. 26.445.050. Review Criteria conceptual, final, consolidated and minor PUD.
A development application for conceptual, final, consolidated, conceptual and final or minor
PUD shall comply with the Following standazds and requirements. Due to the limited issues
associated with conceptual reviews and properties eligible for minor PUD review, certain
standazds 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 standazds and
procedures of this Chapter"and this Title.
A. General requirements.
1. The proposed development shall be consistent with the Aspen Area Community Plan.
StaflFindinQ:
Staff believes that a number of the goals in the Aspen Area Community Plan aze 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-mazket 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.
Managine Growth:
The AACP Managing Growth Chapter lists one of the main goals of managing growth as "foster
a well-balanced community through integrated design that promotes economic diversity, transit
and pedestrian friendly lifestyles, and the mixing of people from different backgrounds." (Goal
E, pg 19). The proposal will promote a mix of backgrounds through the Club use as well as the
Exhibit B -PUD Review Criteria
Page 1 of 18
P81
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 aze locally-serving and locally-involved" (Philosophy, pg 31). The Aspen Club
is owned by a vaziety of locals and non-locals, but it is a locally operated business. The stated
goal of this proposal is to provide a new health and wellness opportunity for residents and
visitors, and to use the money raised through the timeshare sales to subsidize programs for
locals. The Club currently provides services and events that aze 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 towazd 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 standazds in developing the proposal. This requires that development be done
using environmentally friendly techniques. To that end, the applicant is investigating ways to
minimize construction impacts, utilizing alternative renewable energies and vazious energy
efficient materials. The applicant has committed to no net new energy use as a result of this
project.
Arts Culture. & Education:
The AACP states that "...arts, culture, and education are acknowledged as essential to Aspen's
thriving yeaz-round economy, its vibrant international profile, and its future as a unique place to
live, work, and learn" (Philosophy. Pg 45). The Aspen Club currently works to promote the
Arts, Culture, and Education of the Aspen Area by supporting local non-profits through
provision of office space and financial support, and by facilitating educational and wellness
programs for Club members and community members at large. The applicant has pledged to
continue this commitment if the application is approved.
Parks Onen Snace & Environment:
The Pazks, Open Space, & Environment section of the AACP discusses the need to "preserve,
enhance and restore the natural beauty of the environment of the Aspen Area" (Intent, pg 34).
Staff believes the changes made to the application during conceptual review help the proposal
move in the direction of enhancing the riparian azea on the site, and bringing the riparian azea
into the site, however staff believes the current mass detracts from the natural beauty of the azea.
The removal or relocation of units 5 and 6 would further help the development meet this section
of the AACP.
Exhibit B - PUD Review Criteria
Page 2 of 18
P82
This section also states that "All Developments should be in accordance with the Wildlife and
Biodiversity map and the Parks, Open Space, and the Environment map to protect sensitive
habitat azeas (e.g. riparian corridor and Elk habitat)" (Policies, pg 35). The development is
respecting the required stream margin setback and the applicant has worked with the Parks
Department to ensure that construction methods will not negatively impact the ripazian azea.
Design Ouality:
The Design Quality section of the AACP asks that development "retain and encourage an
eclectic mix of design styles to maintain and enhance the special character of our community."
The section also states that "we favor diversity tempered by context, sometimes historical,
sometimes not, as opposed to azbitraziness. `Context' refers first to region, then town,
neighborhood, and finally the natural and man made features joining a particulaz development
site. Decisions regarding scale, massing, form, materials, texture, and color must be first
measured by context. Contextual appropriateness transcends `style' alone" (Philosophy, pg 42).
Staff believes the ideas put forward in the Application for a health and wellness facility are good
goals, and that the site plan changes at Conceptual have moved the proposal in the direction of
combining this goal with the proposed azchitectute. Further, Staff finds that the changes help
ensure the development will "enhance the special character of our community." The Aspen Club
site is unique, and this Application proposes a unique addition to the Club. Staff believes the
changes to the site plan begin to reflect these opportunities. In terms of uses, the project does a
good job of relating to the immediate context which is comprised of a variety of uses. In terms
of massing, staff is concerned that there is too much mass on the site given its context of being
on the urban/rural fringe. The elimination or relocation of units 5 and 6 would help better meet
the Design Quality section of the AACP.
Transportation:
The AACP has a number of goals and policies related to Transportation, including a policy that
new growth should be structured "on compact, mixed-use patterns that enable and support travel
by foot, bicycle, and public transportation for all types of trips" (Policies, pg 22). Additionally,
the Transportation Chapter includes goals to maintain and improve "the appeal of bicycling and
walking...by adding sidewalk connections, replacing sidewalks, and requiring sidewalks as part
of development approvals, where appropriate..." (Goal C, pg 22) and "the appeal of carpool or
vanpooling for a wide variety of trip types" (Goal D, pg 22). The Transportation Chapter also
includes a policy to "require all employment, school, social, recreation or other activities that
generate demand for travel to mitigate traffic impacts through support of alternative
transportation modes in proportion to trips generated." (Policies, pg 22)
The applicant has worked with city staff to create a set of Transportation Demand Management
(TDM) tools that focus on alternative forms of transportation, including cazshazing, vanpools,
carpooling, biking, and walking. The applicant has also committed to installing a new sidewalk
along Ute Avenue to make walking and biking safer and more viable. The TDM plan includes a
commitment to continue use of the Cross Town Shuttle and the use of coordinated vans and
shuttles for employees as well as visitors who stay at other hotels but want to use the Aspen
Club. Coordinated pick up service at the airport is also proposed for the timeshare users. Staff
believes that the TDM plan meets the goals and policies of the AACP related to Transportation.
Exhibit B - PUD Review Criteria
Page 3 of 18
P83
2. The proposed development shall be consistent with the character of existing land uses
in the surrounding area.
Staff Finding:
The proposed development is consistent with the chazacter of the area. The neighborhood
consists of a variety of single-family and multi-family homes, as well as commercial, non-profit
and lodging uses. The proposed affordable housing is consistent with the adjacent properties,
which include a number of affordable housing projects. Additionally, adjacent parcels also
include non-profit and commercial uses. Staff finds this criterion to be met.
3. The proposed development shall not adversely affect the future development of the
surrounding area.
Staff Finding:
Staff believes that this development will not adversely affect the future development of the area.
Most of the azea is at or near build out, so there is not a great deal of future development
opportunities. Staff Finds this criterion to be met.
4. The proposed development has either been granted GMQS allotments, is exempt from
GMQS, or GMQS allotments are available to accommodate the proposed development
and will be considered prior to, or in combination with, final PUD development plan
review.
Staff Finding:
The Applicant has requested the needed Affordable Housing and Lodge Growth Management
Allotments. The proposal will decrease the amount of commercial space on site, so commercial
growth management allotments aze not required. The applicant needs 12 affordable housing
allotments and 124 lodge pillow allotments. In a single growth management yeaz there aze 112
lodge pillow allotments available. Because the applicant needs 12 more pillow allotments than
aze available in this growth management yeaz, they have requested multi-yeaz 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 [and uses and existing development
patterns shall be emphasized.
Staft Finding:
The PUD development plans establish dimensional requirements for all properties in a PUD.
The proposed dimensional requirements aze based on the proposed subdivision of the exiting lot
into 5 new lots. The dimensional requirements aze listed below. When listing the dimensional
Exhibit B -PUD Review Criteria
Page 4 of 18
P84
requirements, all front yard setbacks aze the south side of the lots, all the reaz yard setbacks aze on
the north side of the lots, and all the side yazd setbacks are the east and west sides of the lots.
Underlying
~ Proposed Dimensional Requirements Dimensional Requirements Zone District
Dimensional for subdivided lots based on fathering parcel Dimensional
Requirement Re uirements
Lot 1: 124,661 sq. ft. Total Lot Area: 4.941 acres,
Minimum Lot Lot 2: N/A
812 sq. ft.
Lot 3: 10 or 215,232 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 s . ft.
Minimum Lot Multi-Family:
Area per N/A N/A N/A
dwelling unit Lod e: N/A
Lot 1: 277 Feet
Lot 2: N/A
Minimum Lot Lot 3: 135 Feet 352 Feet 200 Feet
Width Lot 4: 266 Feet
Lot 5: 95 Feet
Lot 1: 30 feet above grade, 5 feet below
Fade
Minimum Lot 2: N/A 7.5 Feet for Affordable 30 Feet
Front Yard Lot 3: 10 feet Housing Units
Setback Lot 4: 0 feet
Lot 5: 7.5 feet
Lot 1: 0 feet above and below grade .
Minimum Side Lot 2: N/A 5 Feet on east side for
Yard Setback Lot 3: 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
Yazd Setback Lot 2: N/A subgrade garage; 20 feet for 20 Feet
(West Side) Lot 3: 20 feet timeshaze Unit ].
Lot 4: 5 feet
Lot 5: 0 feet
Lot 1: 100 feet (15 feet from Top of
Slope)
Minimum Reaz Lot 2: N/A 100 Feet 20 Feet
Yard Setback Lot 3: 10 feet
Lot 4: 10 feet
Lot 5: 10 feet
Maximum Townhouse Units (Lots 3 & 4) Affordable Housing Unit 28 Feet
Height Pitched Roofs (Units ], 7, 14): 28 feet 11, Northwest Corner: 32
Exhibit B - PUD Review Criteria
Page 5 of 18
P85
Underlying
RR Proposed Dimensional Requirements Dimensional Requirements Zone District
Dimensional for subdivided lots based on fathering parcel Dimensional
Requirement Re uirements
Flat Roofs (Units 2-5, 8-13):28 feet feet
Club Units (Lot 2): 28 feet Affordable Housing Unit
Affordable Housing Units (Lot 5): 28 12, Northwest Corner: 41
feet with the following exceptions: feet
Unit 11, Northwest Comer: 32 feet Affordable Housing Unit
Unit 12, Northwest Corner: 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 Sin le-famil
g y~
Total: 94,750 sq. ft.
Multi-family (affordable housing units):
housing units): 12,390 sq. ft. Same as R-15
zone district
Allowable
12,390 sq. ft. Lode 50,490 s ft.
g q'
Townhouse Units: 34,410
Multi-family:
Floor Area Lodge: 50,490 sq. fr. (Townhouse Units: sq. fr.; Club Units: 16,080 sq. N/A
Lodge: N/A
34,410 sq. ft.; Club Units: 16,080 sq. ft.) ft) Commercial: N/A
Commercial (Club): 31,870 sq. ft. Commercial (Club): 31,870
s . ft.
Lodge: .5 spaces
per key (20
132 spaces total: spaces)
132 spaces total: Lodge: 20 spaces Club and Spa: 1
Lodge: 20 spaces Aspen Club and Spa: 95 space per 1000
Minimum Off- Aspen Club and Spa: 95 spaces (60 spaces (60 spaces on Lot 1; sq. ft. of net
Street Parking spaces on Lot 1; 35 spaces on Lots 14A 35 spaces on Lots 14A & leasable (43
& ]4W) 14W) spaces)
AH units: 17 spaces AH units: 17 spaces AH units: 1 space
per unit (12
spaces)
1. The proposed dimensional requirements for the subject property are appropriate and
compatible with the following influences on the property:
a. The character of, and compatibility with, existing and expected future land uses
in the surrounding area.
Staff FindinP:
The uses in the azea aze 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
P86
variety of residential uses. The proposed uses aze consistent with the use mix on the
adjacent parcels as well as the overall use context of Ute Ave. Overall, the height of
the proposal is consistent with the underlying zoning. The three exceptions aze to
accommodate the affordable housing units. The affordable housing units aze located
in a portion of the upper bench of the site that is lower than the surrounding azeas. 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 ftnds this criterion to be met.
b. Natural or man-made hazards.
Staff Finding:
The Applicant has located all development outside the Roaring Fork River's mapped
100-year floodplain. No other natural hazards are believed to affect the lot. The
applicant conducted an avalanche study as part of the final application, which found
the affordable housing units are in the "blue zone." According to the study, "blue
zone" avalanches have a return period of 30 to 100 years, or a 1% to 3% probability
annually. The applicant and Engineering Department have agreed to have the
mudflow risk evaluated by the Colorado Geologic Survey. Staff finds this criterion to
be met at this time.
c. Existing natural characteristics of the property and surrounding area such as
steep slopes, waterways, shade, and significant vegetation and landforms.
Staff Finding:
Most of the development proposed is within areas of the site that have already been
impacted by development. The ripazian azea is being maintained through the fifteen
(15) foot top of slope setback required by the Stream Mazgin portion of the Land Use
Code. No development, including excavation, is permitted in this setback azea. The
applicant has worked with the Parks Department on the relocation of the existing
walkway that connects the Aspen Club Trail and the pazking 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 Finding:
The proposed TDM tools will assist in lowering the expected traffic impacts on Ute
Ave as a result of this development. These tools include the use of carpooling and
incentives for employees to use alternative modes of transportation, participation in
the CazShaze program, the availability of bikes for use by affordable housing
residents and timeshaze users, and coordinated shuttle service for visitors.
Exhibit B - PUD Review Criteria
Page 7 of 18
P87
Additionally, the applicant is installing a sidewalk along Ute Ave to create a more
pedestrian friendly environment. The applicant has also committed to zero growth in
traffic as a result of this project.
Staff finds this criterion to be met.
2. The proposed dimensional requirements permit a scale, massing, and quantity of open
space and site coverage appropriate and favorable to the character of the proposed
PUD and of the surrounding area.
Staff Finding:
No open space is currently proposed on-site. Staff recommends the Applicant look at ways
to consolidate the paths that aze used to access the individual timeshare units to help create
more opportunities for open space. Further, Staff believes the elimination of units 5 and 6
will help created needed visual relief from the massing and will create better quality open
space. Staff finds this criterion is not met.
3. The appropriate number of off-street parking spaces shall be established based on the
following considerations:
a. The probable number of cars used by those using the proposed development
including any non-residential land uses.
b. The varying time periods of use, whenever joint use of common parking is
proposed.
c. The availability of public transit and other transportation facilities, including
those for pedestrian access and/or the commitment to utilize automobile
disincentive techniques in the proposed development.
d The proximity of the proposed development to the commercial core and general
activity centers in the city.
Staff Finding:
The proposal includes 132 parking spaces divided as follows: 20 for the timeshaze units
(code required amount), 17 for the affordable housing units (code requires 12 spaces, and
an additional 5 spaces that aze being provided for short term use, i.e. for guest parking or
for grocery drop off), and 95 spaces for the club (this is 4 more spaces than was approved
by City Council in 1996). The applicant examined locating more pazking in the sub-
grade garage to help reduce the amount of surface pazking. 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
gazage. Employees of the Club will continue to use Lots 14A and 14W (located across
the river) for their pazking, 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
P88
and need for pazking. No parking is permitted along Ute Ave. Staff finds these criteria
to be met.
4. The maximum allowable density within a PUD may be reduced if there exists
insufficient infrastructure capabilities. Speciftcal[y, the maximum density of a PUD
may be reduced if.•
a. There is not sujficient water pressure, drainage capabilities or other utilities to
service the proposed development.
b. There are not adequate roads to ensure fire protection, snow removal and road
maintenance to the proposed development.
Staff Finding:
Adequate public facilities exist and will be upgraded at the owner's expense. 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 timeshaze
owners. A safety plan, which includes speed tables and humps, for Ute Ave has also
been proposed to ensure the road is safer for pedestrians. The applicant has committed to
zero growth in traffic as a result of this project. The applicant has hired consultants to
assess the existing water flows to determine if adequate flows exist for fire safety and the
preliminary report indicates there are adequate flows. The applicant is working with the
City Water and Fire Departments to confirm this. The applicant is also working with the
Engineering Department to ensure adequate drainage exists on the site. Staff finds this
criterion to be met at this time.
5. The maximum allowable density within a PUD may be reduced if there exists natural
hazards or critical natural site features. Speciftcally, the maximum density of a PUD
may be reduced if.•
a. The land is not suitable jor the proposed development because of ground
instability or the possibility of mudflow, rock falls or avalanche dangers.
b. The effects of the proposed development are detrimental to the natural
watershed, due to runoff, drainage, soil erosion and consequent water
pollution.
c. The proposed development will have a pernicious effect on air quality in the
surrounding area and the City.
d. The design and location ojany proposed structure, road, driveway or trail in the
proposed development is not compatible with the terrain or causes harmful
disturbance to critical natural features of the site.
Staff Finding:
Staff does not find any significant natural hazazds 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
P89
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 speciftc 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 a final PUD Development Plan.
b. The approved dimensional requirements for all lots within the PUD are
required to be reflected in the final PUD development plans.
Sta(lFinding:
There aze 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
azea of the site (say create additional club units). Staff finds this criterion to be met.
C. Site Design.
The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary
to the site's natural and man-made features and the adjacent public spaces, and ensures the
public's health and safety. The proposed development shall comply with the following:
1. Existing natural or man-made features of the site which are unique, provide visual
interest or a specific reference to the past, or contribute to the identity of the town are
preserved or enhanced in an appropriate manner.
Staff Finding:
The site has a great asset in the Roaring Fork River, which crosses the site. The Applicant
will abide by all requirements for stream mazgin review, which will help preserve the
ripazian azea. There is an existing path that crosses the stream mazgin azea, and the applicant
Exhibit B -PUD Review Criteria
Page 10 of 18
P90
has worked with the Pazks and Community Development Departments on a new location for
the path that will minimize the impact to the hillside. The realigned path will also be
formally dedicated through a trail easement. The proposed development and utilities are
located outside of the stream margin area. However, staff does not believe that the site plan
appropriately preserves or enhances this important natural feature. The elimination of units 5
and 6 would help alleviate staffls concems. At this time, staff finds this criterion is not met.
2. Structures have been clustered to appropriately preserve significant open spaces and
vistas.
Staff Finding:
No significant existing open spaces will be lost with this proposal, as the timeshare units aze
proposed where the tennis courts are currently located. During Conceptual approval the
applicant amended the site plan to create a larger open space on the lower bench of the
property. Staff does not believe this has created a large enough area to preserve and enhance
views of the river and riparian area. The elimination or relocation of units 5 and 6 would
help alleviate staff s concerns. At this time, staff finds this criterion is not met.
3. Structures are appropriately oriented to public streets, contribute to the urban or rural
context where appropriate, and provide visual interest and engagement of vehicular
and pedestrian movement.
Staff Finding:
The timeshaze units aze 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 chazacter
and neighborhood context. Additionally, the Club Units will help create a more pedestrian
friendly environment by providing fenestration and interest to the exiting blank wall that
exists as you enter the property from Ute Ave.
The Applicant has agreed to provide an easement along the Ute Ave portion of the site to
accommodate the eventual continuation of the Ute Ave trail. Additionally, a new bus
stop/pull out and shelter aze 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 azea that is on the
Urban/Rural fringe and adjacent to the Roazing 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 azea, 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 azeas on the site and the elimination of some of the mass
would help the overall design better relate to the rural context. The elimination of units 5 and
6 would help alleviate staff s concerns. At this time, staff finds this criterion is not met.
Exhibit B - PUD Review Criteria
Page 11 of 18
P91
4. Buildings and access ways are appropriately arranged to allow emergency and service
vehicle access.
Staff Finding:
The City of Aspen Fire Marshal has reviewed the proposal, and has found it to be in
compliance with all applicable life safety requirements. The Fire Marshall requested a
staircase be added to the western side of the site to connect the upper and lower bench. This
was added during the Conceptual review and resulted in the elimination of one parking space
(the total # of pazking spaces decreased from 133 at conceptual to ] 32 at final). The existing
surface parking area accommodates fire truck turn azounds, and must be maintained. The
applicant worked with the Fire and Community Development Departments to utilize grass
pavers that can accommodate fire truck loads. This was done to reduce the amount of
impervious surface on the site. Further, all structures will be required to include fire
sprinkler systems, and fire alarm systems. -The applicant will be required to ensure adequate
fire access exists in the subgrade garage. Staff finds this criterion to be met.
S. Adequate pedestrian and handicapped access is provided.
Staff Finding:
According to the Application, the project will comply with all applicable requirements. This
has been included as a condition in the Resolution. Two of the Club units aze ADA
Accessible, and a number of the other units include ADA bathrooms. As mentioned above,
the Club will dedicate an easement for the future completion of the Ute Avenue trail. Staff
finds this criterion to be met.
6. Site drainage is accommodated for the proposed development in a practical and
reasonable manner and shall not negatively impact surrounding properties.
Staff Finding:
According to a letter submitted by the Applicant's engineer, site drainage will be handled
with some drainage improvements to maintain historic runoff. Further, the Applicant's
engineer states that the timeshare units will have a similar footprint to the existing tennis
courts, so an expansion of the impervious surface will be minimal. The Applicant will be
required to pay the applicable Storm Water Fee assessed by the Engineering Department. If
areas are re-paved as part of the redevelopment, Staff recommends that the re-paving utilize
pervious paving materials. The applicant is working with the Engineering Department to
ensure runoff is properly treated. Staff finds this criterion to be met.
7. For non-residential land uses, spaces between buildings are appropriately designed to
accommodate any programmatic functions associated with the use.
Staff Finding:
There is a significant grade difference between the proposed timeshare units near the river
and the existing Club. The units that are located at the same grade as the Club do provide
sufficient spacing. Staff would like to the elimination of units 5 and 6, which would increase
Exhibit B - PUD Review Criteria
Page 12 of 18
P92
the amount of space available for outdoor programming elements. Staff finds this criterion is
not met at this time.
D. Landscape Plan.
The purpose of this standard is to ensure compatibility of the proposed landscape with the
visual character of the city, with surrounding parcels, and with existing and proposed features
of the subject property. The proposed development shall comply with the jo[lowing:
1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves
existing significant vegetation, and provides an ample quantity and variety of
ornamental plant species suitable for the Aspen area climate.
Sta((Findin~:
The Applicant has provided a landscaping plan with a number of new plantings proposed.
This has been reviewed by the Pazks Department, who is working with the applicant to
ensure proper native plants are used. Staff finds this criterion to be met.
Z. Significant existing natural and man-made site features, which provide uniqueness
and interest in the landscape, are preserved or enhanced in an appropriate manner.
Staff Finding:
The Pazks Department has requested a condition of approval to limit the construction of the
trail through the ripazian area to hand tools. This condition has been included. No
development is proposed in the protected riparian azea. Staff finds this criterion to be met.
3. The proposed method of protecting existing vegetation and other landscape features is
appropriate.
Sta((Findinp:
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 aze used.
In terms of landscaping, staff finds that additional refinement is needed for the landscape
plan. The site is located neaz the urban/rural fringe, and as such the azea 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 azea to the Club building and the parking
area. There is an existing path that is being reconfigured (after consultation with the Pazks
Department) and will be in the new trail easement. Only hand tools will be used in the
stream mazgin azea for this path. The applicant is also creating a fisherman's easement.
Exhibit B - PUD Review Criteria
Page 13 of 18
P93
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.
I. 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 Finding:
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 azchitecture 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 azea, 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
similaz to residential uses in the azea, modulation typical of residential townhomes) and
changing the existing blank fagade of the club to be more articulated and pedestrian
friendly. Staff has 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 pazking 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 azea.
The elimination or relocation of units 5 and 6 would help alleviate staffs concems. At
this time, staff finds this criterion is not met.
2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of
the property's solar access, shade and vegetation and by use of non- or less-intensive
mechanical systems.
Staff Finding:
The site plan utilizes the north/south exposure on the lot, and is participating in the new
LEED for Neighborhoods program. The applicant is also planning use of renewable energy,
Exhibit B -PUD Review Criteria
Page 14 of 18
P94
including a Growth Source Heat Pump loop for heating and cooling, as outlined in their
Conceptual Energy & Mechanical Systems Plan. Staff finds this criterion is met.
3. Accommodate the storage and shedding of snow, ice and water in a safe and
appropriate manner that does not require significant maintenance.
Staff Finding:
The Applicant has included a detailed snow removal and storage plan as part of the final
application. This plan includes snow melt systems and onsite storage of snow. In addition,
the parking and fire access azeas will be plowed. Staff finds this criterion to be met.
F. Lighting.
1. The purpose of this standard to ensure the exterior of the development will be lighted
in an appropriate manner considering both public safety and general aesthetic
concerns.
2. All exterior lighting shall in compliance with the outdoor lighting standards unless
otherwise approved and noted in the final PUD documents. Up-lighting of site features,
buildings, landscape elements and lighting to call inordinate attention to the property is
prohibited for residential development.
Stalf Finding:
The PUD will comply with all lighting regulations in place. No lighting shall be permitted in
the stream margin azea (fifteen (IS) foot setback area from top of slope) or in any area below
the top of slope line (towazd the river) unless it is in the exact location of the existing lighting
and requires no additional disturbance to the stream mazgin azea. 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 a[[ development in the proposed PUD, the following 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 built form, and is available to the mutual beneftt
ojthe various land uses and property users ojthe PUD.
2. A proportionate, undivided interest in all common park and recreation areas is deeded
in perpetuity (not for a number of years) to each lot or dwelling unit owner within the
PUD or ownership is proposed in a similar manner.
3. There is proposed an adequate assurance through a legal instrument for the
permanent care and maintenance of open spaces, recreation areas, and shared
facilities together with a deed restriction against future residential, commercial, or
industrial development.
Exhibit B.-PUD Review Criteria
Page 15 of 18
P95
Staff Finding:
There are no common spaces proposed as part of this application. Staff finds these criteria to be
not applicable.
H. Utilities and Public facilities.
The purpose of this standard is to ensure the development does not impose an undue burden
on the City's infrastructure capabilities and that the public does not incur an unjustifted
financial burden. The proposed utilities and public facilities associated with the development
shall comply with the following:
1. Adequate public infrastructure facilities exist to accommodate the development.
2. Adverse impacts on public infrastructure by the development will be mitigated by the
necessary improvements at the sole cost of the developer.
3. Oversized utilities, public facilities, or site improvements are provided appropriately
and where the developer is reimbursed proportionately for the additional improvement.
Staff Finding:
The application states that all costs associated with public infrastructure improvements will
be borne by the Applicant. This includes the realignment of a sewer line. The Applicant's
new traffic study indicates that Ute Avenue can accommodate the proposal's traffic
generation. In addition, the applicant has created a comprehensive TDM plan to encourage
alternative modes of transportation for club users, club employees, affordable housing
resident, and timeshare owners. A safety plan, which includes speed tables and humps, for
Ute Ave has also been proposed to ensure the road is safer for pedestrians. The applicant has
committed to zero growth in traffic as a result of this project. The applicant has hired
consultants to assess the existing water flows to determine if adequate flows exist for fire
safety. The preliminary report indicates there are. The applicant is working with the City
Water and Fire Departments to confirm this. The applicant is also working with the
Engineering Department to ensure adequate drainage exists on the site.
While no net new truck delivery traffic is anticipated as part of this project, it was found after
Conceptual approval that the existing cul-de-sac does not have adequate pavement to meet
city 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.
I. Access and Circulation. (Only standards 1 &2 apply to Minor PUD applications)
The purpose of this standard is to ensure the development is easily accessible, does not unduly
burden the surrounding road network, provides adequate pedestrian and recreational trail
facilities and minimizes the use of security gates. The proposed access and circulation of the
development shall meet the following criteria:
Exhibit B -PUD Review Criteria
Page 16 of 18
P96
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.
Stai(Finding:
Staff believes that all structures and uses have appropriate access to a public street. The
timeshare units, club, and affordable housing units have access from Ute Avenue, while the
additional parking on Lot 14A is accessed from Highway 82. There is also pedestrian access
available from the Aspen Club Trail located by the river. The trail that provides access from
Lot 14A to the club will be formally dedicated for public use as part of this application. Staff
finds this criterion to be met.
2. The proposed development, vehicular access points, and parking arrangement do not
create traffic congestion on the roads surrounding the proposed development, or such
surrounding roads are proposed to be improved to accommodate the development.
Staff Finding:
The Applicant has submitted a Traffic Report that indicates the proposed parking
configuration will not adversely impact traffic levels on Ute Avenue or the adjacent
Intersections. The applicant has committed to no new traffic as a result of this development.
Staff finds this criterion to be met.
3. Areas of historic pedestrian or recreational trail use, improvements of, or connections
to, the bicycle and pedestrian trail system, and adequate access to significant public
lands and the rivers are provided through dedicated public trail easements and are
proposed for appropriate improvements and maintenance.
Staff Finding:
The proposed development will not result in any changes to the existing Trail easements.
The Applicant has also agreed to provide an easement along Ute Avenue to continue the Ute
Avenue Trail. In addition a new trial easement will be provided for the trail that connects the
river to the Club building. Staff finds this criterion to be met.
4. The recommendations of the Aspen Area Community Plan and adopted specific plans
regarding recreational trails, pedestrian and bicycle paths, and transportation are
proposed to be implemented in an appropriate manner.
Staff Finding:
The Applicant has agreed to provide an easement along Ute Avenue to continue the Ute
Avenue Trail. In addition a new trial easement will be provided for the trail that connects
the river to the Club building. Staff finds this criterion to be met.
S. Streets in the PUD which are proposed or recommended [o be retained under private
ownership provide appropriate dedication to public use to ensure appropriate public
and emergency access.
Exhibit B -PUD Review Criteria
Page 17 of 18
P97
Staff Finding:
There are no internal streets proposed as part of this PUD. Staff finds this criterion to be met.
6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots
within the PUD, are minimized to the extent practical.
Staff Finding:
There aze no gates or guazd posts proposed as part of this PUD. Staff finds this criterion to
be met.
J. Phasing of Development Plan. (does not apply to Conceptual PUD applications)
The purpose of this criteria is to ensure partially completed projects do not create an
unnecessary burden on the public or surrounding property owners and impacts of an
individual phase are mitigated adequately. If phasing of the development plan is proposed,
each phase shall be defined in the adopted final PUD development plan.
Staff Finding:
No phasing is proposed as part of this development. The development will take place
approximately over a two (2) year period, however, the applicant has requested a seven (7) year
vesting period because of the national economic outlook and the availability of funding for
mixed use projects. Staff finds this criterion to be met, but recommends against the 7 year
vesting period.
Exhibit B -PUD Review Criteria
Page 18 of I8
P98
EXHIBIT C
Chapter 26.590, TIMESHARE DEVELOPMENT
Sec. 26.590.070. Review standards for timeshare lodge development.
An applicant for timeshare lodge development shall demonstrate compliance with each of
the following standards, as applicable to the proposed development. These standards are
in addition to those standazds 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 flue (5) years of its operation. This
projection shall include a statement of the expected sales prices for the
timeshare estates and the applicable tax rate that will be applied to each sale.
3. A summary of the City-portion of the property taxes paid for the lodge for
the prior flue (5) years of its operation and a projection of the property taxes
the proposed timeshare lodge development will pay to the. City over the trst
five (5) years of its operation. This projection shall include a statement of the
Exhibit C -Timeshare Review Criteria
Page I of 7
P99
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 £rve (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, 1ZETT tax),
then the applicant shall be required to propose a mitigation program that
resolves the problem, to the satisfaction of the City Council. Analysis of the
fiscal impact study shall compare existing tax revenues for a lodging
property with anticipated tax revenues. The accepted mitigation program
shall be documented in the PUD agreement for the project that is entered
into between the applicant and the City Council.
Staff Findings:
The proposal does not include any conversion of an existing lodge into a timeshare loge
development. Staff finds this criterion to not be applicable.
B. Upgrading of existing projects. Any existing project that is proposed to be
converted to a timeshare lodge development shall be physically upgraded and
modernized. The extent of the upgrading that is to be accomplished shall be
determined as part of the PUD review, considering the condition of the existing
facilities, with the intent being to make the development compatible in character
with surrounding properties and to extend the useful life of the building.
1. To the extent that it would be practical and reasonable, existing structures
shall be brought into compliance with the City's adopted Fire, Heath 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;s:
The Applicant proposes an entirely new project, which does not include any conversion
of an existing lodge into a timeshaze loge development. The new development will be
Exhibit C -Timeshare Review Criteria
Page 2 of 7
P100
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.
Staf(Findin~s:
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 Findines:
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 aze .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 neazly 145%.
No mitigation is required as part of the Club remodel, as there is no increase in the
amount of net leasable azea.
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
P101
provisions of Chapter 26.530, Resident Multi-Family Replacement Program,
even when there is no demolition of the existing multi-family dwelling unit.
There are currently no multi-family dwelling units on the property. Staff finds this
criterion to not be applicable.
E. Parking requirements.
1. The parking requirement for timeshare lodge development shall be
calculated by applying the parking standard for the underlying zone district
for lodge uses. The parking requirement shall be calculated based on the
maximum number of proposed lock out rooms in the development.
Staff Findings:
Pursuant to section 26.515.030 of the Land Use Code, 0.5 pazking 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 timeshaze units (40 * 0.5 = 20).
The Applicant has provided twenty (20) spaces in the sub-grade parking garage for the
timeshare units. Staff finds this criterion to be met.
2. The timeshare lodge development shall also provide an appropriate level of
guest transportation services, such as vans or other shuttle vehicles, to offer
an alternative to having owners and guests using their own vehicles in Aspen.
Staff Findings:
The Applicant has provided a detailed Transportation Demand Management (TDM) plan
as part of the final application. The TDM plan includes on-demand shuttle services to
and from the airport for owners and guests of the timeshaze units. This service will
operate sepazate 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
Shaze program, and on-site bikes. The applicant has also committed to having zero
growth in traffic trips as part of this project. Staff finds this criterion to be met.
3. The owner of a timeshare estate shall be prohibited from storing a vehicle in
a parking space on-site when the owner is not using that estate.
Staff Findings:
The timeshare owners will be prohibited from storing their cars in the garage when they
are not staying in their unit. Staff finds this criterion to be met.
F. Appropriateness of marketing and sales practices. The marketing and sale of
timeshare estates sha-1 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
P102
1. The following marketing and sales practices for a timeshare development
shall not be permitted:
a. The solicitation of prospective purchasers of timeshare units on any
street, mall or other public property or facility; and
b. Any unethical sales and marketing practices which would tend to
mislead potential purchasers.
2. Giving of gifts to encourage potential purchasers to attend a sales
presentation or to visit a timeshare development is permitted, provided the
gift reflects the local Aspen economy. For example, gifts for travel to or
accommodations in Aspen, restaurants in Aspen and local attractions (ski
passes, concert tickets, rafting trips, etc.) are permitted. Gifts that have no
relationship to the local Aspen economy are not permitted. The following
gifts are also not permitted:
a. Any gift for which an accurate description is not given;
b. Any gift package for which notice is not given to the prospective
purchaser that the purchaser will be required to attend a sales
presentation as a condition of receiving the gifts; and
c. Any gift package for which the printed announcement of the
requirement to attend a sales presentation is in smaller type face than
the information on the gift being offered.
Staff Findings:
The Applicant has committed to incorporating all the above requirements in the final
timeshare instruments. These requirements aze 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 manage~_.and__maintained in a manner that will be both stable and
continuous. This shall include an identification of when and how maintenance will
be provided and shall also address the following requirements:
1. A fair procedure shall be established for the estate owners to review and
approve any fee increases which may be made throughout the life of the
timeshare development, to provide assurance and protection to timeshare
owners that management/assessment fees will be applied and used
appropriately.
2. The applicant shall also demonstrate that there will be a reserve fund to
ensure that the proposed timeshare development will be properly maintained
throughout its lifetime.
Staff Findings:
The Applicant has committed to incorporating all the above requirements in the final
timeshaze instruments. These requirements are incorporated into the draft Disclosure
Exhibit C -Timeshare Review Criteria
Page 5 of 7
P103
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 Eve (5) day period for rescission
of a sales contract and the procedures for holding deposits or down payments in
escrow.
Staff Findings:
The Applicant has committed to incorporating all the above requirements in the final
timeshare instruments. These requirements are incorporated into the draft Disclosure
document. The final timeshare instruments will be recorded simultaneously with the
PUD/SPA Agreement. Staff finds this criterion to be met.
I. Approval by condominium owners. If the development that is proposed to be
timeshared is a condominium, the applicant shall submit written proof that the
condominium declaration allows timesharing, that one hundred percent (100%) of
the owners of the condominium units Gave 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 rosy 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
P104
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
P105
EXHIBIT D
Chapter 26.470, Growth Management Quota System
Sec. 26.470.OSO.B. General requirements: All development applications for growth
management review shall comply with the following standazds. The reviewing body shall
approve, approve with conditions or deny an application for growth management review based
on the following generally applicable criteria and the review criteria applicable to the specific
type of development:
1. Sufficient growth management allotments are available to accommodate the proposed
development, pursuant to Subsection 26.470.030.D. Applications for multi year
development allotment, pursuant to Paragraph 26.470.090.1 shall not be required to
meet this standard.
Staff Finding:
The Application includes a request for multi-year allotment for the timeshare portion of the
development and 12 allotments for affordable housing. There are sufficient affordable
housing allotments available. This review criterion is not applicable to the timeshare portion
of the applicant. Staff finds this criterion to be met.
2. The proposed development is consistent with the Aspen Area Community Plan.
Staff Finding:
Staff believes that a number of the goals in the Aspen Area Community Plan are met, but has
some concerns relating to other aspects of the AACP. The Application meets a number of
AACP goals related to affordable housing, economic sustainability, and arts and culture, and has
made changes since Conceptual Review to meet goals related to transportation. The Applicant
has also made changes to the site plan, which Staff believes brings the project closer to meeting
the goals related to community chazacter & design, and open space & environment. Overall,
Staff finds this review criterion to be met.
HousinP:
The Applicant is providing 145% of the required Affordable Housing, which is an important step
in helping the community meet the Affordable Housing goals outlined in the AACP. The
Housing section of the AACP states the intent of affordable housing is to "create an affordable
housing environment that is appropriately scaled and distributed throughout existing and new
neighborhoods..." (Intent, pg 25). This development proposal mixes free-market commercial
and free-market lodging with affordable housing. The affordable housing is scaled to relate to
the adjacent Club building and other surrounding buildings.
This section also states that, "Our housing policy should bolster our economic and social
diversity, reinforce variety, and enhance our sense of community by integrating affordable
housing into the fabric of our town. A healthy social balance includes all income ranges and
types of people. Each project should endeavor to further that mix and to avoid segregation of
economic and social classes by project." (Philosophy, pg 25). This proposal would provide 12
Exhibit D - GMQS Review Criteria
Page 1 of 10
P106
new affordable housing rental units for Aspen Club Employees. A mix of category 2, 3, and 4
units are proposed, which will ensure the housing is accessible to a wide range of income levels.
Mana~in¢ Growth:
The AACP Managing Growth Chapter lists one of the main goals of managing growth as "foster
a well-balanced community through integrated design that promotes economic diversity, transit
and pedestrian friendly lifestyles, and the mixing of people from different backgrounds." (Goal
E, pg 19). The proposal will promote a mix of backgrounds through the Club use as well as the
affordable housing residents and lodge visitors that will be on site. Additionally, a detailed
transportation plan is proposed that promotes pedestrian access to the site and the use of
alternative modes of transportation.
Economic Sustainability:
Further, the Economic Sustainability section of the AACP recognizes that "local ownership of
business helps maintain our community's unusual character, tends to return more money to the
local economy, and provides additional opportunities for upward mobility of people" and that
"the community and its governments should support local ownership as well asexternally-owned
businesses that are locally-serving and locally-involved" (Philosophy, pg 31). The Aspen Club
is owned by a vaziety of locals and non-locals, but it is a locally operated business. The stated
goal of this proposal is to provide a new health and wellness opportunity for residents and
visitors, and to use the money raised through the timeshare sales to subsidize programs for
locals. The Club currently provides services and events that aze designed for locals, including
the "Tuesdays with Michael" program that highlights a local non-profit and their activities every
week in the summer, as well as periodic health lectures. Staff believes that the concept of this
application is a good one, and will go a long way toward furthering the goals outlined Aspen
Area Community Plan.
The Economic Sustainability section also states that it is important to "encourage resource
efficiency, environmental responsibility, and cultural and community sensitivity in local
organizations and in construction" (Policies, pg 32). The applicant used the new LEED for
Neighborhood standards in developing the proposal. This requires that development be done
using environmentally friendly techniques. To that end, the applicant is investigating ways to
minimize construction impacts, utilizing alternative renewable energies and vazious energy
efficient materials. The applicant has committed to no net new energy use as a result of this
project.
Arts, Culture, & Education:
The AACP states that "...arts, culture, and education aze acknowledged as essential to Aspen's
thriving yeaz-round economy, its vibrant international profile, and its future as a unique place to
live, work, and learn" (Philosophy. Pg 45). The Aspen Club currently works to promote the
Arts, Culture, and Education of the Aspen Area by supporting local non-profits through
provision of office space and financial support, and by facilitating educational and wellness
programs for Club members and community members at large. The applicant has pledged to
continue this commitment if the application is approved.
Exhibit D - GMQS Review Criteria
Page 2 of 10
P107
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 ripazian area on the site, and bringing the riparian area
into the site, however staff believes the current mass detracts from the natural beauty of the area.
The removal or relocation of units 5 and 6 would further help the development meet this section
of the AACP.
This section also states that "All Developments should be in accordance with the Wildlife and
Biodiversity map and the Pazks, Open Space, and the Environment map to protect sensitive
habitat areas (e.g. ripazian corridor and Elk habitat)" (Policies, pg 35). The development is
respecting the required stream mazgin setback and the applicant has worked with the Parks
Department to ensure that construction methods will not negatively impact the riparian azea.
Design Ouality:
The Design Quality section of the AACP asks that development "retain and encourage an
eclectic mix of design styles to maintain and enhance the special character of our community."
The section also states that "we favor diversity tempered by context, sometimes historical,
sometimes not, as opposed to arbitrariness. `Context' refers first to region, then town,
neighborhood, and finally the natural and man made features joining a particulaz development
site. Decisions regarding scale, massing, form, materials, texture, and color must be first
measured by context. Contextual appropriateness transcends `style' alone" (Philosophy, pg 42).
Staff believes the ideas put forwazd in the Application for a health and wellness facility aze good
goals, and that the site plan changes at Conceptual have moved the proposal in the direction of
combining this goal with the proposed architecture. Further, Staff finds that the changes help
ensure the development will "enhance the special character of our community." The Aspen Club
site is unique, and this Application proposes a uniq"ue addition to the Club. Staff believes the
changes to the site plan begin to reflect these opportunities. In terms of uses, the project does a
good job of relating to the immediate context which is comprised of a vaziety of uses. In terms
of massing, staff is concerned that there is too much mass on the site given its context of being
on the urbazt/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
P108
The applicant has worked with city staff to create a set of Transportation Demand Management
(TDM) tools that focus on alternative forms of transportation, including cazshazing, vanpools,
carpooling, biking, and walking. The applicant has also committed to installing a new sidewalk
along Ute Avenue to make walking and biking safer and more viable. The TDM plan includes a
commitment to continue use of the Cross Town Shuttle and the use of coordinated vans and.
shuttles for employees as well as visitors who stay at other hotels but want to use the Aspen
Club. Coordinated pick up service at the airport is also proposed for the timeshare users. Staff
believes that the TDM plan meets the goals and policies of the AACP related to Transportation.
3. The development conforms to the requirements and limitations of the zone district.
Staff Finding:
The application is for an SPA and PUD to vary the underlying dimensional and use
requirements for this site. The project will comply with all dimensional and use
requirements that are established as part of the final PUD/SPA review. Staff finds this
criterion to be met.
4. The proposed development is consistent with the Conceptual Historic Preservation
Commission approval, the Conceptual Commercial Design Review approval and the
Conceptual Planned Unit Development approval, as applicable.
Sta(f Finding:
The project received conceptual commercial design review approval and conceptual PUD
approval. The final application is consistent with both those approvals. Staff finds this
criterion to be met.
5. Unless otherwise specified in this Chapter, sixty percent (60%) of the employees
generated by the additional commercial or lodge development, according to Subsection
26.470.IOO.A, Employee generation rates, are mitigated through the provision of
affordable housing. The employee generation mitigation plan shall be approved
pursuant to Paragraph 26.470.070.4, Affordable housing, at a Category 4 rate as
defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An
applicant may choose to provide mitigation units at a lower category designation.
Staff Finding:
The applicant has committed to meeting the 60% employee mitigation number for the
Growth Management Review, which is the highest mitigation level outlined in the code for
lodge development.
The lodge development includes 62 bedrooms (ten 3-bedroom units, four 4-bedroom units,
four 3-bedroom units, and two 2-bedroom units). Land Use Code section 26.470.]OO.A.I
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
P109
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 (12two-bedroom units * 2.25FTEs
= 27 FTEs). This is approximately 145% of the required affordable housing mitigation.
Staff finds this criterion to be met.
6. Affordable housing net livable area, for which .the finished floor level is at or above
natural or finished grade, whichever is higher, shall be provided in an amount equal to
at [east thirty percent (30%) of the additional free-market residential net livable area,
for which the finished floor level is at or above natural or finished grade, whichever is
higher.
Affordable housing shall be approved pursuant to Paragraph 26.470.070.4, Affordable
housing, and be restricted to a Category 4 rate as defined in the Aspen/Pitkin County
Housing Authority Guidelines, as amended. An applicant may choose to provide
mitigation units at a lower category designation. Affordable housing units that are
being provided absent a requirement ("voluntary units") may be deed-restricted at any
level of affordability, including residential occupied.
Staff Finding:
No free-market residential development is proposed as part of this application. Staff finds
this criterion is not applicable.
7. The project represents minima[ additional demand on public infrastructure, or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking and road and transit services. (Ord. No. 14, 2007, §I)
Staff Finding:
Adequate public facilities exist and will be upgraded at the owner's expense. This includes
the realignment of a sewer line. The Applicant's new traffic study indicates that Ute Avenue
can accommodate the proposal's traffic generation. In addition, the applicant has created a
comprehensive TDM plan to encourage alternative modes of transportation for club users,
club employees, affordable housing resident, and timeshare owners. A safety plan, which
includes speed tables and humps, for Ute Ave has also been proposed to ensure the road is
safer for pedestrians. The applicant has committed to zero growth in traffic as a result of this
project. The applicant has hired consultants to assess the existing water flows to determine if
adequate flows exist for fire safety and the preliminary report indicates there aze adequate
flows. The applicant is working with the City Water and Fire Departments to confirm this.
The applicant is also working with the Engineering Department to ensure adequate drainage
exists on the site. Staff finds this criterion to be met at this time.
Sec. 26.470.090.City Council applications.
Exhibit D - GMQS Review Criteria
Page 5 of 10
P110
The following types of development shall be approved, approved with conditions or denied by
the City Council, pursuant to Section 26.470.110, Procedures for review, and the criteria for each
type of development described below. Except as noted, all growth management applications
shall comply with the general requirements of Section 26.470.050. Except as noted, all City
Council growth management approvals shall be deducted from the respective annual
development allotments and development ceiling levels.
26.470.090.1. Multi-year development allotment. The City Council, upon a recommendation
from the Planning and Zoning Commission, shall approve, approve with conditions or deny a
multi-year development allotment request based on the following criteria:
a. The proposed development is considered "exceptional" considering the following
criteria: (Note: A project need not meet all of the following criteria, only enough to be
sufficiently considered "exceptional. ")
1) The proposal exceeds the minimum affordable housing required for a standard
project.
Staff Finding:
The applicant is providing housing for 27 FTEs, when housing for 18.6 FTEs is
required by the code. This represents housing at 145% of the requirement. Staff
finds this criterion to be met.
2) The proposed project represents an excellent historic preservation accomplishment.
A recommendation from the Historic Preservation Officer shall be considered for
this standard.
Staff Finding:
The proposed development does not include a historic preservation element. The
property is not designated and is not on the Ordinance 48 list of potentially significant
structures. Staff finds this criterion is not applicable.
3) The proposal furthers affordable housing goals by providing units established as
priority through the current Aspen/Pitkin County Housing Authority Guidelines
and provides a desirable mix of affordable unit types, economic levels and lifestyles
(e.g., singles, seniors, families, etc.). A recommendation from the Aspen/Pitkin
County Housing Authority shall be considered for this standard.
Staff Finding:
The applicant has proposed a mix of Category 2, 3, and 4 units, although the land use
code only requires the provision of Category 4 units. Category units that are below
Category 4 aze priority units for AHCPA. The mix of categories will enable a vaziety
of income levels to rent housing neaz where they work. The income requirements for
these categories are:
Maximum Income for Rental Units
Exhibit D - GMQS Review Criteria
Page 6 of 10
P111
Cate¢orv Cate~orv Category
No. of Adults 2 3 4
1 Adult $49,000 $79,000 $129,000
2 Adult $73,000 $119,000 $193,000
3 Adult $85,000 $139,000 $225,000
Net Assets not in Excess
of:
$125,000
$150,000
$175,000
Staff finds this criterion to be met.
4) The proposal minimizes impacts on public infrastructure by incorporating
innovative, energy-saving techniques.
Staff Finding:
The applicant is committing to a project that will contain no net new energy usage.
This is being done through upgrades to the existing Club building (insulation,
drainage, etc) and energy efficient building techniques, like radiant floors, energy
efficient materials, etc. In addition, the applicant is contemplating the use of solar
panels, and has committed to the use of Ground Source Heat Pumps (GSHP). The
project is participating in the LEED-ND program, and will exceed the City's adopted
energy codes. Staff finds this criterion to be met.
5) The proposal minimizes construction impacts to the extent practicable both during
and after construction.
Staff Findins:
The applicant has provided a preliminary construction management plan, which
indicates the project will meet all applicable city code requirements related to
construction. Amore detailed plan will be submitted at the time of the building
permit application.
Staff would like more detail on construction types. For instance, the applicant
indicated during the conceptual review that modular construction might be used in an
effort to decrease construction impacts. There is no information on the final
application regarding this issue.
At this time staff finds this criterion is met.
6) The proposal maximizes potential public transit usage and minimizes reliance on
the automobile.
Staff Findins:
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
P112
shuttles. Specific measures aze proposed for Aspen Club employees, those living in
the affordable housing units, owners and guests of the timeshaze units, and members
and guests of the Aspen Club & Spa. The plan has been reviewed by the
Transportation Department. Staff finds this criterion is met.
7) The proposal exceeds minimum requirements of the Efficient Building Code or for
LEEDS certification, as applicable. A recommendation from the Building
Department shall be considered for this standard
Staff Finding:
The applicant is participating in the LEED-ND pilot program, which requires specific
measures be taken to reduce the overall environmental footprint of the development.
The Applicant worked with Resource Engineering Group to do an energy use study of
the proposal (see Exhibit 2 in the Application Appendix D). The Applicant's goal is
to have the entire energy use on site after the development be equal to or less than the
energy used on site today. To do that, the applicant will use a Ground Source Heat
Pump (GSHP) loop for heating and cooling, improved insulation and HVAC systems
on the club building, and the use of radiant floors for efficient heating in the
timeshare and affordable housing units. The applicant has also committed to
exceeding the City's current energy code. Staff finds this criterion to be met.
8) The proposal promotes sustainabi[ity of the local economy.
Staff Finding:
One of the applicant's stated goals with this project is to ensure that the Aspen Club
and Spa remain an economically viable business. The timeshaze units will help
subsidize improvements to the Club and new programming opportunities. The Aspen
Club is a business that currently serves both locals and visitors, and the improvements
envisioned for the club will help ensure it is attractive to locals and visitors in the
future. Additionally, the provision of rental affordable housing for club employees
will provide opportunities for employees to put roots in the community. The
timeshare units will be subject to the Real Estate Transfer Tax (RETT) when they are
sold, creating tax revenue. Staff finds this criterion to be met.
9) The proposal represents a desirable site plan and an architectural design solution.
Staff Finding:
The site has a great asset in the Roaring Fork River, which crosses the site. The
Applicant will abide by all requirements for stream margin review, which will help
preserve the riparian azea. 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 azea.
Exhibit D - GMQS Review Criteria
Page 8 of 10
P113
In terms of architecture, the applicant has stated to staff that the proposed mass, scale,
and materials aze intended to convey a residential scale that is representative of the
different buildings and uses in the area, while also being true to the Club's use. The
applicant has done this by making the "townhome" units residential in chazacter (a
mix of pitched and flat roofs, a material palate of stone and wood that is similaz to
residential uses in the azea, modulation typical of residential townhomes) and
changing the existing blank fapade of the club to be more articulated and pedestrian
friendly. Staff has concerns related to the massing of the proposal.
In addition, the proposal will be subject to Final Commercial Design Review
following approval of the final PUD/SPA application. Staff anticipates having
concerns related to the specific Commercial Design Review Criteria, including
Building Design and Articulation. However the applicant has time to refine the
design between now and the future review.
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 timeshaze 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 aze 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
vaziety of residential uses. Staff finds that the proposed use mix will fit in with and is
consistent with the vaziety of uses on the immediately adjacent parcels and the overall
context of Ute Avenue. Staff believes the proposed health and wellness program will
be a good addition to the existing Club services and to the community in general.
Overall, staff finds this criterion is met.
b. The project complies with all other provisions of the Land Use Code and has obtained
al[ necessary approvals from the Historic Preservation Commission, the Planning and
Zoning Commission and the City Council, as applicable.
Staff Finding:
Exhibit D - GMQS Review Criteria
Page 9 of ]0
P114
The Growth Management Reviews aze part of a larger application. Assuming these
reviews are approved by City Council, this criterion is met.
c. The Community Development Director shall be directed to reduce the applicable
annual development allotments, as provided in Subsection 26.470.030.D, in subsequent
years as determined appropriate by the City Counci<.
Stall Finding:
The Community Development Director will reduce the annual development allotments as
applicable. 112 pillows will be deducted from 2009, and 12 pillows will be deducted
from 2010. Staff finds this criterion to be met.
Exhibit D - GMQS Review Criteria
Page 10 of 10
P115
EXHIBIT E
Chapter 26.310, Amendments to the Land Use Code and Of£~cial Zone District Map
Sec. 26.310.040. Standards of review. In reviewing an amendment to the text of this Title or
an amendment to the Official Zone District Map, the City Council and the Planning and Zoning
Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this Title.
Staff Finding:
Through the review criteria outlined in the exhibits, staff believes the requirements of the code
are met, although some minor changes are suggested, including the elimination or relocation of
units 5 & 6 and reconfiguration of internal paths. Overall, staff finds this criterion to be met.
B. Whether the proposed amendment is consistent with al[ elements of the Aspen Area
Commaniy Plan.
Staff Finding:
Staff believes that a number of the goals in the Aspen Area Community Plan are met, but has
some concerns relating to other aspects of the AACP. The Application meets a number of
AACP goals related to affordable housing, economic sustainability, and arts and culture, and has
made changes since Conceptual Review to meet goals related to transportation. The Applicant
has also made changes to the site plan, which Staff believes brings the project closer to meeting
the goals related to community character & design, and open space & environment. Overall,
Staff finds this review criterion to be met.
Housine:
The Applicant is providing 145% of the required Affordable Housing, which is an important step
in helping the community meet the Affordable Housing goals outlined in the AACP. The
Housing section of the AACP states the intent of affordable housing is to "create an affordable
housing environment that is appropriately scaled and distributed throughout existing and new
neighborhoods..." (Intent, pg 25). This development proposal mixes free-market commercial
and free-market lodging with affordable housing. The affordable housing is scaled to relate to
the adjacent Club building and other surrounding buildings.
This section also states that, "Our housing policy should bolster our economic and social
diversity, reinforce vaziety, 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 aze proposed, which will ensure the housing is accessible to a wide range of income levels.
Exhibit E -Rezoning Review Criteria
Page 1 of 6
P116
Managine 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 upwazd mobility of people" and that
"the community and its governments should support local ownership as well as externally-owned
businesses that aze 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 altemative renewable energies and vazious energy
efficient materials. The applicant has committed to no net new energy use as a result of this
project.
Arts, Culture, & Education:
The AACP states that "...arts, culture, and education aze acknowledged as essential to Aspen's
thriving yeaz-round economy, its vibrant international profile, and its future as a unique place to
live, work, and learn" (Philosophy. Pg 45). The Aspen Club currently works to promote the
Arts, Culture, and Education of the Aspen Area by supporting local non-profits through
provision of office space and financial support, and by facilitating educational and wellness
programs for Club members and community members at large. The applicant has pledged to
continue this commitment if the application is approved.
Parks, Open Space, & Environment:
The Parks, Open Space, & Environment section of the AACP discusses the need to "preserve,
enhance and restore the natural beauty of the environment of the Aspen Area" (Intent, pg 34).
Staff believes the changes made to the application during conceptual review help the proposal
Exhibit E -Rezoning Review Criteria
Page 2 of 6
P117
move in the direction of enhancing the ripazian azea on the site, and bringing the ripazian azea
into the site, however staff believes the current mass detracts from the natural beauty of the azea.
The removal or relocation of units 5 and 6 would further help the development meet this section
of the AACP.
This section also states that "All Developments should be in accordance with the Wildlife and
Biodiversity map and the Parks, Open Space, and the Environment map to protect sensitive
habitat areas (e.g. ripazian corridor and Elk habitat)" (Policies, pg 35). The development is
respecting the required stream margin setback and the applicant has worked with the Pazks
Department to ensure that construction methods will not negatively impact the riparian azea.
Design Quality:
The Design Quality section of the AACP asks that development "retain and encourage an
eclectic mix of design styles to maintain and enhance the special character of our community."
The section also states that "we favor diversity tempered by context, sometimes historical,
sometimes not, as opposed to azbitraziness. `Context' refers first to region, then town,
neighborhood, and finally the natural and man made features joining a particulaz development
site. Decisions regarding scale, massing, form, materials, texture, and color must be first
measured by context. Contextual appropriateness transcends `style' alone" (Philosophy, pg 42).
Staff believes the ideas put forward in the Application for a health and wellness facility are good
goals, and that the site plan changes at Conceptual have moved the proposal in the direction of
combining this goal with the proposed azchitecture. Further, Staff finds that the changes help
ensure the development will "enhance the special chazacter 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.
Transnortation:
The AACP has a number of goals and policies related to Transportation, including a policy that
new growth should be structured "on compact, mixed-use patterns that enable and support travel
by foot, bicycle, and public transportation for all types of trips" (Policies, pg 22). Additionally,
the Transportation Chapter includes goals to maintain and improve "the appeal of bicycling and
walking...by adding sidewalk connections, replacing sidewalks, and requiring sidewalks as part
of development approvals, where appropriate..." (Goal C, pg 22) and "the appeal of carpool or
vanpooling for a wide variety of trip types" (Goal D, pg 22). The Transportation Chapter also
includes a policy to "require all employment, school, social, recreation or other activities that
generate demand for travel to mitigate traffic impacts through support of altemative
transportation modes in proportion to trips generated." (Policies, pg 22)
The applicant has worked with city staff to create a set of Transportation Demand Management
(TDM) tools that focus on altemative forms of transportation, including cazsharing, vanpools,
carpooling, biking, and walking. The applicant has also committed to installing a new sidewalk
Exhibit E -Rezoning Review Criteria
Page 3 of 6
P118
along Ute Avenue to make walking and biking safer and more viable. The TDM plan includes a
commitment to continue use of the Cross Town Shuttle and the use of coordinated vans and
shuttles for employees as well as visitors who stay at other hotels but want to use the Aspen
Club. Coordinated pick up service at the airport is also proposed for the timeshaze users. Staff
believes that the TDM plan meets the goals and policies of the AACP related to Transportation.
C. Whether the proposed amendment is compatible with surrounding zone districts and land
uses, considering existing land use and neighborhood characteristics.
Staff Finding:
The proposed development is consistent with the chazacter of the azea. The neighborhood
consists of a vaziety of single-family and multi-family homes, and while the proposal is for new
timeshaze lodge units it will function in a more residential nature than a typical lodge downtown.
The proposed affordable housing is consistent with the adjacent properties, which include a
number of affordable housing projects. Additionally, adjacent parcels also include non-profit
and commercial uses. Staff finds this criterion to be met.
D. The effect of the proposed amendment on traffic generation and road safety.
Staff Finding:
The Applicant's new traffic study indicates that Ute Avenue can accommodate the proposal. In
addition, the applicant has created a comprehensive TDM plan to encourage alternative modes of
transportation for club users, club employees, affordable housing resident, and timeshaze owners.
A safety plan, which includes speed tables and humps, for Ute Ave has also been proposed to
ensure the road is safer for pedestrians. The applicant has committed to zero growth in traffic as
a result of this project. Staff finds this criterion to be met.
E. Whether and the extent to which the proposed amendment would result in demands on
public facilities and whether and the extent to which the proposed amendment would exceed
the capacity of such public facilities including, but not limited to, transportation facilities,
sewage facilities, water supply, parks, drainage, schools and emergency medical facilities.
Staff Finding:
The applicant has agreed to pay for any extension or improvement of utilizes if any aze 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 timeshaze 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 aze 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
P119
At this time, staff finds this criterion is met.
F. Whether and the extent to which the proposed amendment would result in significantly
adverse impacts on the natural environment.
Staff Finding:
The applicant has committed to ensuring the new development uses no more energy than the
existing development. This will be done through increased energy efficiency of the Aspen Club
building and the use of a GSHP loop.
There are some trees that need to be removed, but the applicant has worked with the Parks
Department to ensure the trees are properly mitigated for. In addition, the applicant is abiding by
all stream margin requirements.
Staff finds this criterion to be met.
C. Whether the proposed amendment is consistent and compatible with the community
character in the City.
Staff Finding:
The Rezoning is required because of the SPA designation (the SPA designation is required to
allow multi-family Affordable Housing and Lodging on the site). Other parcels in the immediate
area aze also zoned with an SPA overlay (Silverlining Ranch and the Benedict Building). The
proposed development is consistent with the chazacter of the area, as outlined in Review Criteria
C, above. Both Affordable Housing and Lodging aze uses that are located throughout town and
aze integral to the functionality of "Aspen the Resort" and "Aspen the Community". The city
has a number of small neighborhood lodges that are scattered throughout residential areas. This
proposal is similar to those lodges in term of size and character. Staff finds this criterion to be
met.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
Staff Finding:
The neighborhood already contains a mix of uses and the lodging component would add to that
diversity. In addition, there have been no recent changes in the azea or to the land use code that
address this kind of development. Staff finds this criterion is not applicable.
I. Whether the proposed amendment would be in conflict with the public interest and
whether it is in harmony with the purpose and intent of this Title.
Staff Finding:
There is no known conflict regazding this application. There aze a number of pazcels with SPA
overlays in the azea, 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
P120
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
P121
EXHIBIT F, SUBDIVISION
Chapter 26.480, SUBDIVISION
Section 26.480 of the City Land Use Code provides that development applications for
Subdivision must comply with the following standards and requirements.
A. General Requirements
1. The proposed subdivision shall be consistent with the Aspen Area Comprehensive
Plan.
Staff Finding:
Staff believes that a number of the goals in the Aspen Area Community Plan are met, but has
some concerns relating to other aspects of the AACP. The Application meets a number of
AACP goals related to affordable housing, economic sustainability, and arts and culture, and
has made changes since Conceptual Review to meet goals related to transportation. The
Applicant has also made changes to the site plan, which Staff believes brings the project
closer to meeting the goals related to community character & design, and open space &
environment. Overall, Staff finds this review criterion to be met.
Housing:
The Applicant is providing 145% of the required Affordable Housing, which is an important
step in helping the community meet the Affordable Housing goals outlined in the AACP.
The Housing section of the AACP states the intent of affordable housing is to "create an
affordable housing environment that is appropriately scaled and distributed throughout
existing and new neighborhoods..." (Intent, pg 25). This development proposal mixes free-
market commercial and free-market lodging with affordable housing. The affordable
housing is scaled to relate to the adjacent Club building and other surrounding buildings.
This section also states that, "Our housing policy should bolster our economic and social
diversity, reinforce variety, and enhance our sense of community by integrating affordable
housing into the fabric of our town. A healthy social balance includes all income ranges and
types of people. Each project should endeavor to further that mix and to avoid segregation of
economic and social classes by project." (Philosophy, pg 25). This proposal would provide
12 new affordable housing rental units for Aspen Club Employees. A mix of category 2, 3,
and 4 units are proposed, which will ensure the housing is accessible to a wide range of
income levels.
Managing Growth:
The AACP Managing Growth Chapter lists one of the main goals of managing growth as
"foster awell-balanced community through integrated design that promotes economic
diversity, transit and pedestrian friendly lifestyles, and the mixing of people from different
backgrounds." (Goal E, pg 19). The proposal will promote a mix of backgrounds through
the Club use as well as the affordable housing residents and lodge visitors that will be on site.
Additionally, a detailed transportation plan is proposed that promotes pedestrian access to the
site and the use of alternative modes of transportation.
Exhibit F -Subdivision Review Criteria
Page 1 of 6
P122
Economic Sustainability:
Further, the Economic Sustainability section of the AACP recognizes that "local ownership
of business helps maintain our community's unusual character, tends to return more money
to the local economy, and provides additional opportunities for upward mobility of people"
and that "the community and its governments should support local ownership as well as
externally-owned businesses that are locally-serving and locally-involved" (Philosophy, pg
31). The Aspen Club is owned by a variety of locals and non-locals, but it is a locally
operated business. The stated goal of this proposal is to provide a new health and wellness
opportunity for residents and visitors, and to use the money raised through the timeshaze
sales to subsidize programs for locals. The Club currently provides services and events that
are designed for locals, including the "Tuesdays with Michael" program that highlights a
local non-profit and their activities every week in the summer, as well as periodic health
lectures. Staff believes that the concept of this application is a good one, and will go a long
way towazd furthering the goals outlined Aspen Area Community Plan.
The Economic Sustainability section also states that it is important to "encourage resource
efficiency, environmental responsibility, and cultural and community sensitivity in local
organizations and in construction" (Policies, pg 32). The applicant used the new LEED for
Neighborhood standards in developing the proposal. This requires that development be done
using environmentally friendly techniques. To that end, the applicant is investigating ways
to minimize construction impacts, utilizing alternative renewable energies and various energy
efficient materials. The applicant has committed to no net new energy use as a result of this
project.
Arts, Culture, & Education:
The AACP states that "...arts, culture, and education aze acknowledged as essential to
Aspen's thriving year-round economy, its vibrant international profile, and its future as a
unique place to live, work, and learn" (Philosophy. Pg 45). The Aspen Club currently works
to promote the Arts,. Culture, and Education of the Aspen Area by supporting local non-
profits through provision of office space and financial support, and by facilitating educational
and wellness programs for Club members and community members at large. The applicant
has pledged to continue this commitment if the application is approved.
Parks, Open 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 ripazian area on the site, and
bringing the riparian area into the site, however staff believes the current mass detracts from
the natural beauty of the area. The removal or relocation of units 5 and 6 would further help
the development meet this section of the AACP.
This section also states that "All Developments should be in accordance with the Wildlife
and Biodiversity map and the Parks, Open Space, and the Environment map to protect
sensitive habitat areas (e.g. ripazian corridor and Elk habitat)" (Policies, pg 35). The
development is respecting the required stream mazgin setback and the applicant has worked
with the Pazks Department to ensure that construction methods will not negatively impact the
riparian area.
Exhibit F -Subdivision Review Criteria
Page 2 of 6
P123
Design Quality:
The Design Quality section of the AACP asks that development "retain and encourage an
eclectic mix of design styles to maintain and enhance the special character of our
community." The section also states that "we favor diversity tempered by context,
sometimes historical, sometimes not, as opposed to arbitrariness. `Context' refers first to
region, then town, neighborhood,' and finally the natural and man made features joining a
particulaz development site. Decisions regarding scale, massing, form, materials, texture,
and color must be first measured by context. Contextual appropriateness transcends `style'
alone" (Philosophy, pg 42).
Staff believes the ideas put forwazd 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 chazacter of our community."
The Aspen Club site is unique, and this Application proposes a unique addition to the Club.
Staff believes the changes to the site plan begin to reflect these opportunities. In terms of
uses, the project does a good job of relating to the immediate context which is comprised of a
variety of uses. In terms of massing, staff is concerned that there is too much mass on the
site given its context of being on the urban/rural fringe. The elimination or relocation of
units 5 and 6 would help better meet the Design Quality section of the AACP.
Transportation:
The AACP has a number of goals and policies related to Transportation, including a policy
that new growth should be structured "on compact, mixed-use patterns that enable and
support travel by foot, bicycle, and public transportation for all types of trips" (Policies, pg
22). Additionally, the Transportation Chapter includes goals to maintain and improve "the
appeal of bicycling and walking...by adding sidewalk connections, replacing sidewalks, and
requiring sidewalks as part of development approvals, where appropriate..." (Goal C, pg 22)
and "the appeal of carpool or vanpooling for a wide vaziety of trip types" (Goal D, pg 22).
The Transportation Chapter also includes a policy to "require all employment, school, social,
recreation or other activities that generate demand for travel to mitigate traffic impacts
through support of alternative transportation modes in proportion to trips generated."
(Policies, pg 22)
The applicant has worked with city staff to create a set of Transportation Demand
Management (TDM) tools that focus on alternative forms of transportation, including
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 timeshaze 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
P124
Staff Finding
The proposed development is consistent with the character of the area. The neighborhood
consists of a variety of single-family and multi-family homes, as well as commercial, non-
profit and lodging uses. The proposed affordable housing is consistent with the adjacent
properties, which include a number of affordable housing projects. Additionally, adjacent
parcels also include non-profit and commercial uses. Staff finds this criterion to be met.
3. The proposed subdivision shall not adversely affect the future development of
surrounding areas.
Staff Finding:
Staff believes that this development will not adversely affect the future development of the
area. Most of the azea is at or neaz 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.
Staf(Finding
Through the review criteria outlined in the exhibits, staff believes the requirements of the
code are met, although some minor changes aze suggested. Overall, staff finds this criterion
to be met.
B. Suitability ojLand for Subdivision
a. Land suitability. The proposed subdivision shall not be located on land unsuitable
for development because of flooding, drainage, rock or soil creep, mudflow,
rockslide, avalanche or snowslide, steep topography or any other natural
hazard or other condition that will be harmful to the health, safety, or welfare
of the residents in the proposed subdivision.
Staff Finding:
The Applicant has located all development outside the Roazing Fork River's mapped
100-year floodplain. The applicant conducted an avalanche study as part of the final
application, which found the affordable housing units are in the "blue zone." According
to the study, "blue zone" avalanches have a return period of 30 to 100 yeazs, or a 1 % to
3% probability annually. The applicant and Engineering Department have agreed to have
the mudflow risk to be evaluated by the Colorado Geologic Survey. Staff finds this
criterion to be met at this time.
b. Spatial pattern efficient. The proposed subdivision shall not be designed to create
spatial patterns that cause inefficiencies, duplication or premature extension of public
facilities and unnecessary public costs.
Staff Finding
Staff believes that the property is suitable for subdivision and development. There are
existing public utilities and services (including transportation) in the azea. Any cost
Exhibit F -Subdivision Review Criteria
Page 4 of 6
P125
associated with utility upgrades will be borne by the applicant. Staff finds this criterion
to be met.
C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for
the proposed subdivision. These standards may be varied by special review (See, Chapter
26.430) if the following conditions have been met:
1. A unique situation exists jor the development where strict adherence to the
subdivision design standards would result in incompatibility with the Aspen Area
Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the
community.
2. The applicant shall specify each design standard variation requested and
provide justification jor each variation request, providing design recommendations by
professional engineers as necessary.
Staff Finding
The Applicant has consented in the application to meet the applicable required improvements
pursuant to Section 26.580. Staff finds this criterion to be met.
D. Affordable housing. A subdivision which is comprised of replacement dwelling
units shall be required to provide affordable housing in compliance with the requirements
of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of
new dwelling units shall be required to provide affordable housing in compliance with the
requirements of Chapter 2ti.470, Growth Management Quota System.
Staff Finding
The applicant is providing 12 affordable housing units to mitigate the new timeshare lodge
units. No mitigation is required for the Club remodel. Further, more affordable housing than
is required is provided by this proposal. Staff finds this criterion to be met.
E. School Land Dedication. Compliance with the School Land Dedication Standards
set forth at Chapter 26.630.
Staff Finding
The proposed subdivision is required to meet the School Land Dedication Standards pursuant
to Land Use Code Section 26.630. The Applicant has proposed to pay cash-in-lieu of
providing land. The Applicant has consented to paying the applicable school land dedication
fee at the time of building permit issuance for development within the subdivision. Staff
finds this criterion to be met.
F. Growth Management ApprovaG 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
P126
approvals prior to development through a legal instrument acceptable to the Ciry Attorney.
(Ord. No. 44-2001, § 2)
Stall Finding
The application has requested the necessary growth management allocations for the proposed
development. Staff finds this criterion to be met.
Exhibit F -Subdivision Review Criteria
Page 6 of 6
~,~nbi~ x.15 P, 2~
MEMORANDUM
May 26, 2010
TO: Jessica Garrow, AICP, Long Range Planner (hand delivered)
John Worcester, Esq., Aspen City Attorney (hand delivered)
FROM: Michael Fox
RE: Aspen Club Community Health and Recreation Fund
Jessica and John, I'm enclosing for your review the following additional substantive commitment
about the Aspen Club Community Health and Recreation Fund and how this new commitment
addresses concerns raised by Council at our May 24th 2010 meeting.
We believe that we have come up with a further solution to Council's concern about the long
term continuing community benefit of the project. By placing an additional transfer fee of .25%
on every sale and re-sale, for 25 years, on the fractional units at Aspen Club Living, we will
create a long lasting fund -- the proceeds of which can be used protect the current community
benefits, as described in our commitment letter, that cease for any reason to be carried out by the
Club. At some point in the future, council can decide to also use these funds to advance health
and recreation needs in our community as an additional community benefit.
The monies in the fund will be overseen by an independent advisory committee with the sole
purpose of maintaining current community benefits and, in the future, worthy projects and ideas
azound health and recreation in our town. The fund is tied to the specific commitments laid out in
the memo from Art Daily of May 26th regarding ongoing community benefits provided by the
Aspen Club.
Tn this way, we create an additional lasting community benefit that is directly tied to the fractional
units being approved by City Council. W e set up a mechanism to continue all the Aspen Club
commitments that, for whatever reason, cannot be carried out at the Club. Control of the funds
will be independent of the Aspen Club and the Fractional Owners and will be distributed at the
discretion of an advisory committee selected to oversee the Fund. Because the transfer fee lasts
for 25 years, the Fund will be continually increasing for that entire time period. Additionally, at
some point if those funds are not needed to continue specific Aspen Club benefits, they will be
used to fund other community health and recreation needs.
This is an elegant and straightforwazd solution to the concerns raised at Council about lasting
community benefits.
Respectfully submitted,
-~.i-~
Michael Fox
cc: Art Daily (via email)
Sunny Vann (via email)
P128
HOLLAND & H A RT ~ Arthur C. Daily
adaily@hollandhart.com
MEMORANDUM
May 26, 2010
TO: Jessica Garrow, AICP, Long Range Planner (hand delivered)
John Worcester, Esq., Aspen City Attorney (hand delivered)
FROM: Art Daily
RE: Aspen Club & Spa Subdivision/PUDISPA
(Ordinance No. 2, Series of 2010)
Jessica and John, I'm enclosing for your review the following additional
substantive commitment that Michael Fox proposes be incorporated in the captioned
Ordinance, which is presently under consideration by the Aspen City Council. This
further commitment is intended to respond to concerns raised by Council at its May 24,
2010 meeting.
Assessment. The Club Owner hereby commits and agrees that the initial purchaser of
each Fractional Interest in the Aspen Club Living Condominiums, and each subsequent
purchaser of such Fractional Interest, in perpetuity, shall be obligated to pay to the City
of Aspen an ACLC Fractional Interest Assessment in the amount of 0.25 percent of the
Actual Cash Consideration paid for the Fractional Interest. This Assessment shall
sunset 25 years from the date of this approval. Said ACLC Fractional Interest
Assessment shall be due and payable by the purchaser at the time of closing of the
Fractional Interest transfer, and shall be submitted and paid to the City Cashier in the
Finance Department and prior to the recording of the purchase deed in the Office of the
Clerk and Recorder of Pitkin County, Colorado. if not paid when due, said Assessment
shall bear interest at the rate of 18°/D per annum until so paid, and such Assessment and
interest shall constitute a lien on the subject Fractional Interest Cor the amount thereof,
which lien shall continue until the amount thereof is paid or until its discharge of record
by foreclosure or otherwise. Said ACLC Fractional Interest Assessment shall be subject
to the same exemptions as are applicable to the Wheeler Real Estate Transfer Tax as set
forth in Chapter 23.48 of the Aspen Municipal Code.
All ACLC Fractional Interest Assessments received from time to time by the
City Cashier shall be promptly deposited in a fund to be known as the Aspen Club
Community Health and Recreation Fund. (the "Community Recreation Fund"). The
purpose of the Community Recreation Fund is to protect the Ongoing Community
Holland R Hart ur Attorneys at Law
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P129
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Page 2
Benefits currently taking place at the Club, as defined below, that cease for any reason
to be carried out by the Club. Fifteen (I S) years from the date of this approval, the
below commitments will be determined to be satisfied and any remaining monies in the
Fund will become available to fund and advance worthy projects and ideas around
health and recreation in the Aspen Community. Aspen City Council, sole discretion,
can agree to release some of these funds earlier than 15 years so they can be made
available to fund worthy projects and ideas around health and recreation in Aspen.
List of Ongoing Community Benefits
• The Aspen Club will be available to host Project Graduation for as long as
Project Graduation wishes to be at the Club
• The Aspen Club will be made available for Local Olympic and other elite
athletes who wish to train at the Club.
• The Aspen Club will be made available for local Paralympic athletes who
wish to train at Ctub.
• The Aspen Club will continue to host occasional community events and social
gatherings.
• Amanda Boxtel and other disabled members of our community will be
allowed to train on the Aspen Club's Alter G machine for the life of that
equipment.
• The Aspen Club will continue to hold seminars and lectures during the year
that are open to the public.
• The Aspen Club will continue to provide free office space to two local
charities.
The monies in the Community Recreation Fund shall be administered by the
Aspen Community Foundation, and grants from the Fund shall be distributed by a
Community Advisory Committee of three (3) members, two (z) of whom shalt be
appointed from time to time by the Aspen City Council and one (I) of whom shall be
appointed from time to time by the Club Owner. A vote of a majority of the members
of the Committee shall be required for all Committee actions, including without
limitation determinations as to the purpose or purposes for which the monies in the
Community Recreation Fund shall be disbursed from time to kime.
P130
HOLLAND&HART ~ Mayzb,zolo
Page 3
The above-described ACLC Fractional Interest Assessment represents an entirely
voluntary commitment on the part of the Club Owner, and is intended as an additional
community benefit associated with the Aspen Club & Spa Subdivision/PUD(SPA that is
the subject of this Ordinance."
We hope that you and the City Council conclude that the proposed ACLC
Fractional Interest Assessment will significantly further the interests of the Aspen
community. If you have questions of any kind, or if you need additional information,
please don't hesitate to get in touch with me.
We appreciate your continuing cooperation in this matter.
Respectfully s bmitted,
f- r ~ ~'
Arthur C. Daily
for Holland & Hart LLP
cr. Michael Fox (via email)
Sunny Vann (via email)
as~o~ae ~.uor
Exhibit Z.16: Chances to Ordinance Section 24
Section 24• Aspen Club Livinc Condominiums f"ACLC") Fractional Interest Assessment. The Club
Owner hereby commits and agrees that the initial purchaser of each Fractional Interest in the Aspen
Club Living Condominiums, and each subsequent purchaser of such Fractional Interest shall be obligated
to pay to the City of Aspen an ACLC Fractional Interest Assessment in the amount of 0.25 percent of the
Actual Cash Consideration paid for the Fractional Interest. This assessment shall sunset 25 years from
the date of this approval. Said ACLC Fractional Interest Assessment shall be due and payable by the
purchaser at the time of closing of the Fractional Interest transfer, and shall be submitted and paid to
the City Cashier in the Finance Department and prior to the recording of the purchase deed in the Office
of the Clerk and Recorder of Pitkin County, Colorado. If not paid when due, said Assessment shall bear
interest at the rate of 18'Yo per annum until so paid, and such Assessment and interest shall constitute a
lien on the subject Fractional Interest for the amount thereof, which lien shall continue until the amount
thereof is paid or until its discharge of record by foreclosure or otherwise. Said ACLC Fractional Interest
Assessment shall be subject to the same exemptions as are applicable to the Wheeler Real Estate
Transfer Tax asset forth in Chapter 23.48 of the Aspen Municipal Code.
All ACLC Fractional Interest Assessments received from time to time by the City Cashier shall be
promptly deposited in a fund to be known as the Aspen Club Community Health and Recreation Fund
(the "Community Recreation Fund"). The purpose of the Community Recreation Fund is to protect the
Ongoing Community Benefits currently taking place at the Club, as defined below, that cease for any
reason, to be carried out by the Club. Fifteen (15) years from the approval of this project, the below
commitments will be determined to be satisfied and any remaining monies in the Fund will become
available to fund and advance worthy projects and ideas around health and recreation in the Aspen
Community. Aspen City Council, at their sole discretion, can agree to release some of these funds earlier
than 15 years so they can be made available to fund worthy projects and ideas areand-related to health
and recreation in Aspen provided however that the Community Advisory Committee consents to the
proposed expenditure
List of Onaoina Community Benefits
• The Aspen Club will be available to host Project Graduation for as long as Project Graduation
wishes to be at the Club
• The Aspen Club will be made available for Local Olympic and other elite athletes who wish
to train at the Club.
• The Aspen Club will be made available for local Paralympic athletes who wish to train at
Club.
• The Aspen Club will continue to host occasional community events and social gatherings.
• Amanda Boxtel and other disabled members of our community will be allowed to train on
the Aspen Club's Alter G machine for the life of that equipment.
• The Aspen Club will continue to hold seminars and lectures during the year that are open to
the public.
• The Aspen Club will continue to provide free office space to two local charities.
The monies in the Community Recreation Fund shall be administered by the Aspen Community
Foundation, and grants from the Fund shall be distributed by a Community Advisory Committee of three
(3) members, two (2) of whom shall be appointed from time to time by the Aspen City Council and one
(1) of whom shall be appointed from time to time by the Club Owner. A vote of a majority of the
members of the Committee shall be required for all Committee actions, including without limitation
determinations as to the purpose or purposes for which the monies in the Community Recreation Fund
shall be disbursed from time to time.
The above-described ACLC Fractional Interest Assessment represents an entirely voluntary commitment
on the part of the Club Owner, and is intended as an additional and perpetual community benefit
associated with the Aspen Club & Spa Subdivision/PUD/SPA that is the subject of this Ordinance."
~viMb~~- ~.1~
~'~,~b,Gic. ~mment ~er~b~.e~
Jessica Garrow
From: Romero, Dwayne [DRomero@Relatedwestpac.com]
Sent: Wednesday, May 26, 2010 5:10 PM
To: 'Rob W'
Cc: Jessica Garrow
Subject: RE: aspen club project
Thx for the email. Best, Dwayne
From: Rob W [mailto:wholebodymt@msn.com]
Sent: Wednesday, May 26, 2010 9:13 AM
To: dwayne.romero@ci.aspen.co.us
Subject: aspen club project
Aspen Club Living is a great project for this community. I support it
and I'm urging you to vote 'yes.'
Robert Williamson
Jessica Garrow
From: Jeanette Darnauer [Jeanette@darnauer.com]
Sent: Tuesday, June 01, 2010 12:05 PM
To; Mick Ireland; Steve Skadron; Dwayne Romero; Derek Johnson
Cc: Jessica Garrow
Subject: Jeanette Darnauer letter on Aspen Club application
Attachments: Jeanette Darnauer letter to City Council for June 1 mtg.doc; image001.gif
Dear Mick, Steve, Dwayne and Derek,
I hope you have time to review my comments below and as attached before today's Council meeting.
Thank you for your thorough and insightful deliberation on this important issue.
Best of luck in your decisions.
Sincerely,
Jeanette Darnauer
I)AR.tir~L%i it
(ii2l~CI'.+: ~-
To: Mayor Mick Ireland and Councilmen Steve Skadron, Dwayne Romero and Derek Johnson
Fr: Jeanette Darnauer
Re: Aspen Club development application
Dt:lune 1, 2010
Dear Aspen City Council,
After months of meetings, letters, public comments and deliberation, the time has come for your decision on the Aspen
Club application. It is one of the most difficult decisions I believe you will have to make in your position on this City
Council. And I believe it is a watershed moment for Aspen in how future developers interpret the Land Use Code. This
decision, like many, is not easy. But you were elected to make these tough decisions that aren't always popular.
In my 30 years of covering county and city politics and sitting through hundreds of hours of meetings (as a former
reporter, a resident and a business woman), I have never seen an application so convoluted as this one.
You are being asked to support the vision for a private business, which isn't unlike most development requests. But this
request goes beyond what's reasonable and appropriate for government to do. When the fate of a private business lies
so heavily on government, there's a problem.
You are being asked to take all of the risk. As the Mayor so eloquently responded to the applicant at the May 24`h
meeting, "This doesn't provide an enforceable mechanism, any recourse. I can't come back to you and say, 'The
new owners closed the Club and I want my timeshares back'...What you're getting is guaranteed...We're being
asked to grant you something that has immediate value to you, and in return, you're asking us to take a
chance to gamble that subsequent owners will provide the public benefit we promised."
If this is the right project for the community, it shouldn't be so difficult. It all starts with the challenge of interpreting the
Land Use Code's "great public benefit". Your sentiments that the Club, as the reason forjustifying this massive
development, should remain open and accessible to the general public are appropriate. And yet, there is still nothing in
the Ordinance that guarantees the Club, if it does stay open, won't become another exclusive member-only facility and
nothing that guarantees the cost will remain reasonable. Your requests to ensure Local Accessibility also have been
ignored in the revised Ordinance.
Your deliberation at the May 24th meeting was brilliant. The insight you had, the questions you raised, the creative
concepts you came up with all are to be complimented. You've thrown the applicant a soft ball. And yet, the applicant
has chosen to ignore most of your requests, has appeared to be confused by them, hasn't seemed to understand the
underlying issues you are grappling with and has refused to comply with most of them.
That includes adding the traffic engineer David Millar's "performance-based system with consequences," as the Mayor
requested. The simple fact that the applicant has refused to incorporate that plan should make you suspect of his
intention of accomplishing your zero traffic growth commitment.
The applicant's answer to the need for permanence of the Club, in order to justify the "great public benefit" upon which
you must base your vote, is simply to toss the ball to the future buyers of the timeshare units, if there are any, and set
up a fund that will be used to help other non profit organizations in the community. While that is a good gesture, it has
nothing to do with maintaining the health club or its services for members into the future.
The assessment fee offer, the only new idea presented in the revised ordinance, is the applicant's only response to the
many issues discussed. As John Worcester summarized it at the May 24th meeting, "That's not the only issue. The
applicant has the burden of proving to Council that there is a great public benefit. This is one example of how we might
be able to do that. That's not the only issue."
I submit that the applicant has failed the test and that this application does not meet the standards in the Land Use Code
that you must follow. As such, your only choice is to vote "no".
Sincerely submitted,
Jeanette Darnauer
Aspen, Colorado
Jessica Garrow
From: Sally Spaulding
Sent: Tuesday, June 01, 2010 10:38 AM
To; City_Council
Cc: Tim Anderson; Jessica Garrow
Subject: FW: Aspen Club Vs Aspen Recreation Center
FYI,
Sally
Sally Spaulding, Community Relations Director City of Aspen ~ 130 South Galena ~ Aspen, CO
81611
Voice: 970-920-5082 ~ Fax: 970-920-5119 Web: www.asgenpitkin.com Follow the City of Aspen
on Facebook or Twitter.
-----Original Message-----
From: Timothy Reed [mailto:timreedpt@comcast.net]
Sent: Thursday, May 20, 2010 9:26 AM
To: Sally Spaulding
Cc: timreedpt@comcast.net
Subject: Aspen Club Vs Aspen Recreation Center
Dear City Council,
I was very disheartened to read the newspaper accounts of the council's discussion concerning
the proposed improvements to the
ARC. Since 2006, we have listened to the debate as to whether or not
the Aspen Club International LLC proposal for development should take place. At the heart of
that debate is the "exceptional community benefit" that must be derived from such a
development in order for an exemption to be allowed to the city ordinance.
I personally do not agree that the benefit to the community is exceptional when I consider
that the cost of joining the club, maintaining a membership, etc is beyond my means and
beyond the means of all but the members of the club and the few employees who do live in
Aspen. Having said that, I had a discussion with Michael Fox and realize that his heart IS
in the right place. I promised him I would not go to a council meeting and voice my strong
opinion on the matter because I had written to you and that was enough.
When I read about concerns that the ARC proposal were being considered for denial, I could no
longer contain myself. If EVER there was an entity in this town that offers community
benefit, it is the ARC. The cost must be minimized and the expansion must demonstrate the
most efficient use of taxpayer money: I AGREE.
But the comments that the ARC expansion might hurt private business misses the point of the
concept of a COMMUNITY recreation center. The ARC offers a place to maintain health and
fitness for those of us who cannot afford the Aspen Club, Maroon Creek Club, Snowmass Club,
or 7R's gym. Its expansion only furthers the implication that Aspen is a city that values the
health of its citizens. It is a way of life for many of us.
I IMPLORE you to consider the expansion of the ARC. I know that all of you have very busy
lives and business interests, etc. But please contact me, if you like, to discuss.
Respectfully yours,
i
Tim Reed 970-618-5559
Jessica Garrow
From: Sally Spaulding
Sent: Tuesday, June 01, 2010 9:46 AM
To; City_Council; Jessica Garrow; Chris Bendon
Subject: FW: No! to Aspen Club expansion-- and other thoughts for council
fyi
Sally Spaulding, Community Relations Director City of Aspen ~ 130 South Galena Aspen, CO
81611
Voice: 970-920-5082 ~ Fax: 970-920-5119 ~ Web: www.asDenpitkin.com Follow the City of Aspen
on Facebook or Twitter.
-----Original Message-----
From: Sandy 7ohnson [mailto:skjdesign@comcast.net]
Sent: Monday, May 24, 2010 5:16 PM
To: Sally Spaulding
Subject: No! to Aspen Club expansion-- and other thoughts for council
Hi!
I'm Sandy 7ohnson a city resident (for a long time)
I didn't write sooner, because I can't believe we're even still considering this...
1. NO on the Aspen Club expansion! URGENT!
it doesn't fit the community plan, and zoning, why have these plans and keep making
exceptions to develope?
too dense for the area,
it offers no protection for the future uses, and particularly sale of the property
traffic would be even worse on Ute Ave. which is already way over used
all the people who have been writing to the editor WORK for the Aspen Club!
2 .Traffic, enforce the 2S speed limit on Main Street, and side streets, or
make it 20 on back streets
not 20 mph everywhere, that's unworkable
No left turn from Power Plant to Cemetary Lane
3. I disagree with giving money to organizations ie. Fashion Week, thinking that it's going
to bring enough business to town
that's just subsidizing someone's creative idea. Great, make an
entreprenuerial gamble but the city doesn't need to spend taxpayer $
on someone's new business. (unless you make a subsidy to all new
businesses!)
4. Affordable Housing- we need to sell older units, as they come up,
on the open market, they need slot of work and homeowners can't
afford the assessments for major improvements.
I would like to see some affordable senior options, so that people
who have lived in affordable housing for many year, now retire and
move out of those units, making room for young people, and young families to move, and stay
here.
I would like to see closer scrutiny of qualifications, and financials, and maintenance
on everyone living in tax supported housing.
It not an entitlement, meant to be a help to get workers to be able to live here and
make the community diverse.
You guys ARE doing a great job! Thanks, it's a trying time to be in
your position...
z
Jessica Garrow
From: Jeanette Darnauer [Jeanette@darnauer.com]
Sent: Tuesday, June 01, 2010 10:01 AM
To: Mick Ireland; Dwayne Romero; Derek Johnson; Steve Skadron
Cc: Jessica Garrow
Subject: Paul Copaken's Letter to City Council on Aspen Club _
Attachments: Paul Copaken letter to Council for June 1 meeting.doc
Dear Council,
Paul Copaken asked me to email the attached letter to you and requested that you read it before today's meeting. I also
copied it in the body of this email. He posed several questions and points that he wants to make sure you see. He is
enroute back to Aspen for this afternoon's hearing.
Thank you,
Jeanette Darnauer
PAUL COPAKEN
6T UTE PLACE
ASPEN, CO 81611
Mayor Mick Ireland,
Councilmen Steve Skadron, Dwayne Romero, Derek Johnson May 29, 2010
City of Aspen
130 South Galena St.
Aspen, CO 81611
The Applicant for the Aspen Club has been sitting through hours of comment by City Council, and yet, he
appears to have not heard any of them. The revised ordinance for approval of the Aspen Club expansion does
not reflect Council's requests. Therefore, you must vote "no" tonight on the Aspen Club's re-development
request. You must vote to end this lack of compliance and absence of sincerity and trust.
Council has been loud and clear on its commitment to Zero Traffic Growth and its need for evidence of a
permanent, great community benefit. But the applicant refuses to acknowledge the public comments or the
council's questions and statements.
The revised ordinance does not incorporate any of the Mayor's requests for "a performance based system
with consequences, not just money." The applicant has not suggested any perpetual traffic control measures
that are set and administered by an independent entity with non-monetary sanctions that result in the jointly
agreed upon~oal of Zero Traffic Growth. Without compliance with such repeated demands, Council and the
public must conclude that the Aspen Club has no intention of meeting Zero Growth goals.
The Club's premise is that zero growth is possible if "100% of the employees and 5-10% of the members take
steps in its TDM Plan." So traffic on Ute Avenue will only have a chance of decreasing IF the employees are
currently driving on Ute Avenue. But employees are not driving and thus parking on the Ute side. At the May
24`h meeting, Michael Fox said employees are already prohibited from parking on the Ute Avenue side, and if
they do, they are fined $50.
The current Highway 82 lot contains spaces for 35 cars; the Ute lot contains 56 spaces; both are 100%full
most of the time you drive by. So is moving 56 cars to an already full 35 space lot possible? Moving the non
existent employees is fictitious.
Of the 200 employees how many can be converted to alternate transit? If not 100%, can 50% or 25%? All of
this assumes that the new spa attracts 0 new cars!
The staff's response to our traffic engineer's report was that continuous monitoring is in the ordinance.
However, it calls for only 10 years of monitoring and reporting, not perpetual as Council requested.
David Millar, traffic engineer, created a traffic management plan which provides Council with the mitigation
and enforcement solutions that the Mayor was seeking. Without the Mayor's requested "performance based
system with consequences" or an independent oversight agency, which the traffic engineer's report
accomplishes, traffic on Ute Avenue will assuredly increase, and management of traffic will be a perpetual
enforcement nightmare.
The fact that the Aspen Club refuses to include a process to set a baseline, monitor and add sanctions to
ensure compliance with stated Zero Growth is suspicious. You must vote "no" as there is noway for the Zero
Growth plan to mathematically work.
Council has correctly asked applicant many times to meet the code for providing a "great public benefit". The
revised Ordinance does not contain language or ideas to meet that requirement. Thus, Council must, per the
code, vote "no".
The Ordinance, in an attempt to meet Council's commitment and the code requirements for a permanent,
great public benefit, includes nothing that does so. Specifically, Council's requests fora "covenant" and "deed
restriction" that will limit the use of the property to a health club have been ignored. Steve Skadron indicated
he would consider in addition to the deed restriction offered, an Aspen Club cash payment as an inducement
not to close and as a replacement of an Aspen Club if the permanent commitment did not exist.
What the ordinance contains is a tax paid by others; others being a tax raised from the sale of the time share
units in the first instance and from future sales between other parties. This does not meet Council's requests
for a fund the Aspen Club itself provides. It does nothing to ensure that the health club continues to exist or
that the services, wisely suggested by Steve Skadron, remain available to the members. Even with any
size fund, it still does not meet the code requirement of great public benefit. The short list of items in the
Ordinance for use of the funds only cover a select few and do not meet the code requirements for a great
public benefit.
Considerable time has been spent discussing how to create a permanent benefit from an operating private
business.
Neither deed restriction nor cash provides the "...great public benefit..." required by the code. A private
business will open or close due to profits generated by demand for its product. A monetary payment, no
matter its size, cannot provide the benefit the code says must be provided or the permanency you are seeking.
Since the Club is already threatening to close, there must be some question about its long term viability even
at this moment. Can it survive till it generates $5,000,000 from the existence of the time share units? No one
with any knowledge of the real estate industry believes that financing can be obtained for time share units
anywhere in Aspen today or anytime in the near future. If producing the $5,000,000 for maintenance and
improvements is tied to the construction of time shares and that is the difference between being open and
closed, how can you consider this set of facts provides Aspen with a permanent "...great public benefit"?
Here is the basic question before you: Has the applicant presented facts that persuade you to vote to add 52
residential units to Aspen?
I can think of only one reason that applicant has presented that could persuade you to vote yes; that is
the guilt feelings you may have from comments associated with not helping the Aspen Club in any way
possible.
But the applicant presented no testimony to attempt to convince you that it will close if you do not provide it
with a means to generate $5,000,000 for improvements. The applicant had testified that the Aspen Club is
profitable and generates cash flow. He has not presented any financial information for you to conclude that a
closure will take place.
When Steve Skadron at the May 24t"meeting said, "...Yet, you're the one through this documentation that
doesn't provide the assurances that they (Club members) are getting what they're asking for. I'm looking out
for people who put me in this seat to protect them," the applicant replied that the Club has a better chance of
staying open with the approval than without.
Applicant presented no relationship between the Club staying open and the $5,000,000 needed for the list of
club improvements, many of which are deferred maintenance, like painting. Applicant has stated the time
shares will not be constructed immediately, which presumably means there would not be money available
immediately for the club improvements. Since no testimony was presented about the connection, you are left
to conclude that by your approval you have created an asset the applicant can sell that will generate sufficient
cash to allocate $5,000,000 of the profit to improvements at the Aspen Club. There was no testimony that this
amount will keep the Aspen Club open for one year, five years or any years.
The applicant talks about creating a world class spa. Yet he presented no data to show that there is a
relationship between the zoning application, 52 living units, and the world class spa. No numbers were
presented on the demand for a world class spa. No testimony on the additional income from 20 time share
residents who would be using the club or spa facilities was presented. Are these dollars generated the
difference between closing the club and it remaining open?
Without any testimony, the answer we can conclude is that the total dollars generated would be so low, it
would not make an impact on the decision.
There was no presentation showing a demand for additional time share units to be constructed in Aspen.
For applicants lack of presenting any testimony to convince you that the Aspen Club will close; you must not
feel guilty voting "no" to 32 new living units.
To conform to the Aspen land use codes which dictate Timeshare construction only in the Core, and since this
is far from the Core; you must vote "no".
The time share chapter in the Land Use Code states that time share units shall be constructed in the core. The
parking code follows this dictate. It provides for only 1/2 car per time share unit. This makes perfect sense
when considering the time share ordinance that says time share units shall be constructed in the core. Staying
in the core, you do not need a car; staying at the edge of the city, you need a car for things such as coming
home late at night or just having the "luxury' or independence to go where you want when you want. If the
Code permitted time share units on the edge of the city, the parking code would have provided for at least 1
car per unit.
The code does not allow for any cars for the lock off units, rationalizing again that people who rent lock off
units in the core will not need a car. This information reinforces the fact that the Land Use Code did NOT
anticipate timeshares outside of the commercial and lodging core.
In summary, the ordinance asks Council to agree to Zero Growth controls; it gives a private business that's not
guaranteed to remain in business as the only item to meet the SPA's requirement for a great public benefit; it
does not meet the AACP or the Timeshare codes on location in the Core; no testimony was presented on good
land use planning; no testimony was presented indicating that the Aspen Club will close if residential units are
not approved.
For all these reasons, you must vote "no".
PaulCopaken
Aspen, Colorado
Jessica Garrow
From: Romero, Dwayne [DRomero@Relatedwestpac.com]
Sent: Thursday, May 27, 2010 11:22 AM
To: Jessica Garrow
Subject: FW: Disappointed
fyi
From: Romero, Dwayne
Sent: Tuesday, May 25, 2010 8:50 AM
To: 'rklika@sopris.net'
Cc: 'mfox@aspenclub.com'
Subject: Re: Disappointed
Riggs, thanks for the email. I'd respectfully suggest you watch the tape of the hearing (again, perhaps) before you pitch
'shame' my way. I was direct and clear in my support of the final application, in part for some of the reasons you describe.
I will continue with this style/approach in the performance of my City Council duties.
Regards, Dwayne
From: Riggs Klika <rklika@sopris.net>
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:Tue May 25 10:35:37 2010
Subject: Disappointed
Dear Mayor and Council,
Three years ago, my wife and I wanted to add a small addition to our duplex so we could continue live and work in
Aspen with our growing family. The addition was neither complex nor'special' in any way and cost us $40,000 in order
to meet all city and county codes. However, the permit process took 13 months in order to receive approval. By the
time we got the permit, we couldn't afford to build because the costs of materials had sky-rocketed. Our experience
with our local government in this situation was horrible. We have contemplated a number of times leaving the valley
simply because we can't afford to stay here in such a small house.
In light of your decision to put off the Aspen Club and Spa project, I can only express my total disappointment at our
elected officials to help locals continue to live and survive in our town. Michael Fox has done everything you have asked
and still you are reticent to approve his application. Shame on all of you. Your job is not only to preserve the nature of
our valley but to assist those who call the valley their home. Ultimately you are going to approve this project. Why not
be clear on what needs to be done and expedite the process and help a local business owner.
Riggs Klika
PS: This is my personal opinion on the project and in no way represents the views of the Aspen Club and Spa nor
Michael Fox. No one from the Club or any representative has asked me to write this letter.
Riggs J. Klika, Ph.D.
Director
Cancer Survivor Center for Health and Wellbeing
1450 Crystal Lake Road
Aspen, CO 81611
970.920.5836
www.asnencancecore
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