HomeMy WebLinkAboutLand Use Case.1450 Crystal Lake Rd.0051.2012.ASLU 40
THE CITY OF ASPEN
FILE 1 OF 3
City of Aspen Community Development Department
CASE NUMBER 0051.2012.ASLU
PARCEL ID NUMBERS 273718132019
PROJECTS ADDRESS 1450 CRYSTAL LAKE ROAD
PLANNER JESSICA GARROW
CASE DESCRIPTION ASPEN CLUB & SPA AMENDMENT
REPRESENTATIVE SUNNY VANN
DATE OF FINAL ACTION 6.30.14
CLOSED BY ANGELA SCOREY ON: 7.2.14
NOTICE OF APPROVAL
FOR PUD AMENDMENT AND SPA AMENDMENT FOR LOT 15, CALLAHAN
PUD & SUBDIVISION, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF
COLORADO, 1450 CRYSTAL LAKE ROAD, PARCEL ID 2737-181-32-019
APPLICANT: Aspen Club& Spa, LLC
REPRESENTATIVE: Sunny Vann, Vann Associates
SUBJECT & SITE OF AMENDMENT: PUD and SPA Amendment for Lot 15
Callahan PUD & Subdivision, commonly known as The Aspen Club, located at 1450
Crystal Lake Rd, involving the addition of six (6) lodge allotments and one (1) lodge
unit. The applicant is requesting a SPA Amendment, pursuant to Land Use Code Section
26.440.090(A), and a PUD Amendment, pursuant to Land Use Code Section
26.445.100(A).
SUMMARY:
The Applicant requests six (6) lodge pillow allotments in order to add three (3) new
bedrooms and one (1) new unit to the timeshare approval previously granted in 2012.
The site plan does not change and there are no external changes or new building
proposed. The proposed bedrooms are a result of internal reconfigurations.
A number of PUD Amendments have been made to the Callahan Subdivision since the
original approval, the most recent of which was the PUD amendment approved in 2010
(Ordinance 2, Series of 2010). This approval was for a redevelopment on the property of:
20 timeshare units, 12 2-bedroom affordable housing units, and a reconfigured recreation
club (the Aspen Club). A total of 132 parking spaces are approved for the development —
35 spaces across the river on lots 14A & 14W and 97 on the Club parcel (Lot 15-A).
After receiving all the final approvals, the Applicant began working on construction
drawings and perfecting the interior compilation of space. Based on some refinements,
the Applicant was able to reconfigure the space to create three new lodge bedrooms — one
in a new unit, and converting two approved 2-bedroom units into 3-bedroom units. This
change required 6 additional lodge pillow allotments (each bedroom requires 2 lodge
Pillow allotments). The applicant received the required Growth Management Allotments
from the Planning and Zoning Commission on September 9, 2012 via Resolution 16,
Series of 2012.
With this change, the project will have a total of 21 timeshare lodge units. It is important
to note that the proposed new unit will not be developed at the same time as the original
20 units. It is intended to be used as the timeshare sales office, as allowed in the original
approval. When all the timeshare units are sold, the applicant plans on converting that
space into the new lodge unit.
RECEPTION#: 596102, 01/14/2013 at
08:39:46 AM,
1 OF 2, R $16.00 Doc Code APPROVAL Pg 1of 6
Janice K. Vos Caudill, Pitkin County, CO
STAFF EVALUATION:
Staff finds that the request meets the requirements of Administrative PUD and SPA
Amendments. The required allotments were approved by the P&Z, and the proposal
represents a minimal change to the original PUD/SPA Approval. The proposal has no
impact on the exterior design of the Aspen Club. It will require an additional parking
space, which is a condition of the approval.
DECISION:
The Community Development Director finds the proposed PUD and SPA
Amendment as noted above and in Exhibit `B' is consistent with the review criteria
(Exhibit A) and thereby, APPROVES the exemption as specified below.
The approved SPA/PUD Amendment allows for the addition of 6 lodge pillows
through converting two (2) 2-bedroom units to two (2) 3-bedroom units, and adding
a 1-bedroom unit for a total of 21 approved units and 130 lodge pillows. The
applicant shall include an additional parking space on the final plat, or in a
subsequent PUD Amendment, for a total of 133 parking spaces. The new space is
required because of the additional lodge unit.
APP R,QVED BY:
hris Bendon � 2
Community Development Director Dat
Attachments:
Exhibit A—Review Standards (not recorded)
Exhibit B - Approved Plans (recorded)
pg. 2of 6
Exhibit A
26.445.100. Amendment of PUD development order.view Criteria and Staff Findings
Sec. 26.440.090.Amendment to development order. (SPA)
Note: Review criteria for Insubstantial SPA and PUD Amendments are the same, so one
set of review criteria is included below to satisfy both requirements.
A. Insubstantial Amendments. An insubstantial amendment to an approved
development order for a final development plan may be authorized by the Community
Development Director. The following shall not be considered an insubstantial
amendment:
1. A change in the use or character of the development.
The proposed change is consistent with the previously approved uses. The proposal
does not change the exterior of the project, and deals with internal changes only.
Staff finds the proposal is consistent with the use and character of the development
approval and finds this criterion is met.
2. An increase by greater than three percent (3%) in the overall coverage of
structures on the land.
No exterior changes are proposed and no additional structures will cover the land.
Staff finds this criterion is met.
3. Any amendment that substantially increases trip generation rates of the
proposed development or the demand for public facilities.
The applicant, as part of the original approval, committed to a net zero increase in
trips as a result of the project. That condition remains in effect. Therefore, the
proposed change will not impact trip numbers. Staff finds this criterion is met.
4. A reduction by greater than three percent (3%) of the approved open space.
No exterior changes are proposed and no changes to the open space will occur. Staff
finds this criterion is met.
5. A reduction by greater than one percent (1%) of the off-street parking and
loading space.
No parking is being eliminated by this proposal. The addition of one new lodge unit
requires the applicant to provide one additional parking space, bringing the total
parking spaces to 133 (21 total spaces for the lodge use, and a total of 98 spaces on
the Club parcel)
6. A reduction in required pavement widths or rights-of-way for streets and
easements.
No exterior changes are proposed and no changes to the pavement widths or rights-
of-way will occur. Staff finds this criterion is met.
pg. 3of 6
7. An increase of greater than two percent (2%) in the approved gross leasable
floor area of commercial buildings.
No new gross leasable space is proposed. Staff finds this criterion is met.
8. An increase by greater than one percent (1%) in the approved residential
density of the development.
No new residential units are proposed. Staff finds this criterion is met.
9. Any change which is inconsistent with a condition or representation of the
project's original approval or which requires granting a variation from the
project's approved use or dimensional requirements.
The proposed 6 new lodge pillows are consistent with the approved project. Staff finds
this criterion is met.
pg. 4of 6
EXHIBIT
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Enlarged Floor Plans-Upper Level Club Units AMENDED P.UD I SPA APPLICATION
RL .:r;:PTION#: 592664, 09/28/2012 at
03:05:53 PM,
1 OF 3, R $21.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION N0. 16�
(SERIES OF 2012)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION
APPROVING SIX (6) LODGE PILLOW ALLOTMENTS FOR THE PROPERTY
LOCATED AT 1450 CRYSTAL LAKE ROAD (THE ASPEN CLUB), LEGALLY
DESCRIBED AS LOT 15 OF CALLAHAN SUBDIVISION, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
Parcel ID:2737-181-32.019
WHEREAS, the Community Development Department .received an application from
Aspen Club and Spa, LLC, represented by Sunny Vann of Vann Associates, LLC requesting six
(6) lodge pillow allotments to add three lodge bedrooms to the Aspen Club Timeshare project;
and,
WHEREAS, the Applicant received Conceptual Commercial Design Review from the
Planning and Zoning Commission on April 1, 2008 via Resolution 9, Series of 2008; and,
WHEREAS, the Applicant received final Specially Planned Area (SPA), final Planned
Unit Development (PUD), final Timeshare, Stream Margin, Affordable Housing Growth
Management Allotments, Multi.�Year Growth Management Lodge Allotments, Rezoning, and
Subdivision, to develop a sub-grade garage, twenty (20) timeshare units and twelve (12)
affordable housing units, and to redesign existing commercial spaces, from the Aspen City
Council on June 1, 2010 via Ordinance 2, Series of 2010; and,
WHEREAS, the Applicant received Final Commercial Design Review frgm the
Planning and Zoning Commission on September 6, 2011 via Resolution 17, Series of 2011; and,
WHEREAS, the Applicant requests approval by the Planning and Zoning Commission
for Lodging and Affordable Housing Growth Management Reviews; and,
WHEREAS, upon initial review of the application and the applicable code standards, the
Community Development Department recommended approval of the application; and,
WHEREAS, during a duly noticed public hearing on September 18, 2012, the Planning
and Zoning Commission approved Resolution No. 16, Series of 2012, by a five to two (5 —2) vote,
approving Lodging and Affordable Housing Growth Management Reviews; and,
WHEREAS, the Planning and Zoning Commission 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 Community Development Director, and
has taken and considered public comment; and,
WHEREAS, the Planning and Zoning Commission finds that the development proposal
meets or exceeds all applicable development standards; and,
Resolution No 16, Series 2012
Page 1 of 3
WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is
necessary for the promotion of public health, safety,and welfare.
NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN,COLORADO THAT:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Planning and Zoning Commission hereby approves six (6) lodge allotments through its lodge
development Growth Management Review, and approves the Aspen Club to utilize the
previously approved affordable housing units as mitigation through its affordable housing
Growth Management Review.
The project is approved to consist of 21 timeshare lodge units, 14 located in "townhome units"
and 7 located in the Aspen Club building ("club units"). This approval converts two 2-bedroom
"club units" to 3-bedroom units, and allows the applicant to build a seventh "club studio unit."
The seventh unit is approved to be utilized as sales space for the timeshare units, as permitted in
Ordinance 10, Series of 2012, but may be converted to a timeshare lodge unit in the future.
Sect
All conditions outlined in City Council Ordinance 10, Series of 2011 and Planning & Zoning
Commission Resolution 17, Series of 2011 remain valid and in effect.
Section 3•
The affordable housing commitment made by the applicant represents a voluntary negotiated
agreement between the applicant, the City and APCHA which has been proposed by the applicant
as a public benefit in connection with the Aspen Club development approved by Ordinance No. 2
(Series 2010), and as amended. Owner and APCHA stipulate and agree that, in accordance with
CRS 38-12-301(1)(a) and (b), the deed restriction that shall be recorded prior to Certificate of
Occupancy constitutes a voluntary agreement and the deed restriction limits the rent on the
property and is subject hereto and is to otherwise provide affordable housing stock. Owner waives
any right it may have to claim that the deed restriction will violate CRS 38-12-301.
Section 4:
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.
Section 5•
This Resolution shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the ordinances repealed or amended
as herein provided, and the same shall be conducted and concluded under such prior ordinances.
Resolution No 16,Series 2012
Page 2 of 3
Section 6:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof,
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 18th day of
September, 2012.
APPROVED AS TO FORM: PLANNING AND ZONING
COMM ION:
.J
Deb Quinn,Special Counsel LJ rs amer, Chair
ATTEST:
Yckie Lothian,Deputy City Clerk
Resolution No 16, Series 2012
Page 3 of 3
J5 AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306
ASPEN LAND USE CODE
ADDRESS OF PROPERTY: A-
Aspen, CO
STATE OF COLORADO )
) ss.
County of Pitkin )
r^ c�cc�l' (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fourteen(14)
days after final approval of a site specific development plan. A copy of the
publication is attached hereto.
Publication of notice: By the publication in the legal notice section of an official
Paper or a paper of general circulation in the City of Aspen no later than fifteen
(15) days after an Interpretation has been rendered. A copy of the publication is
attached hereto.
Signature
The foregoing "Affidavit of Notice" was acknowledged before me this 2'? day
of 15"y , 20_L2, by
WITNESS MY HAND AND OFFICIAL SEAL
PUBLIC NOTICE My commission expires: a""- i`J
DEVELOPMENT APPROVAL
Notice is hereby given to the general public of the
approval of a site specific development plan,
the creation of a vested property right pursuant t to to
the Land Use Code of the City of Aspen and Title
24,Article 68,Colorado Revised Statutes,pertain-
ing Notary to the following described property:1450 Crys- y
tal Lake Road,Parcel ID 2737-181-32-019,by Af-
fordable Housing Growth Management Review and
Lodge Growth Management Review,approved by
the Planning and Zoning Commission in Resolu- 2014
tion 16,Series of 2012;and Insubstantial PUD and
SPA Amendments approved administratively. The
Applicant received approval for an additional 6 ATTACHMENTS:
lodge pillows for the previously approved time-
share project. The approval results in 3 bedrooms, COPY OF THE PUBLICATION
with a total of 6 pillows,and one new unit. For fur-
ther information contact Jessica Garrow,at the City
of Aspen Community Development Dept.130 S.
Galena St,Aspen,Colorado(970)429-2780.
s/City of Aspen
Published in the Aspen Times Weekly on Septem-
ber 27,2012. [8423480]
COMMUNITY DEVELOPMENT DEPARTMENT �:::► �`a�►:: ,�i,,,j�,{s. :s i- �
130 SOUTH GALENA STREET s r �:�,%a i#r Im.Oar °s
ASPEN,CO 81611
�ustice
FOREVER
REESE JOHN W
257 EASTWOOD DR
ASPEN, CO 81611
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
( U-L5 6 00151 A ._ Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
��F- I��I - 1 , 2012-
STATE OF COLORADO )
ss.
County of Pitkin )
ki A . (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that 1 have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice,which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15) days prior to the public hearing
and was continuously visible from the_day of , 20 , to
and including the date and time of the public hearing. A photograph of the posted
notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the o-wners and governmental agencies so noticed is attached hereto.
(Continued on next page)
Rezoning or text amendment: Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall be
waived. However,the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
A
Si at e
The fo egoing "Affidavit of Notice" was agknowledged before me thisday
of , 20�o�by
PUBLIC NOTICE
RE: 1450 CRYSTAL LAKE DRIVE-GROWTH
MANAGEMENT REVIEW
NOTICE IS HEREBY GIVEN that a public hearing WITNESS MY HAND AND OFFICIAL SEAL
will be held on Tuesday,September 18,2012,at a
meeting to begin at 4:30 p.m.before the Aspen
Planning and Zoning Commission,Sister Cities
Meeting Room,City Hall,130 S.Galena St.,
Aspen,to consider an application submitted by the M commission expires: 1��L�
Aspen Club and Spa,LLC,for the property located Y
at 1450 Crystal Lake Road(commonly known as
the Aspen Club ad he Spa),represented by Vann (1
Associates,LLC.� applicant is requesting 6 LT/
lodge pillow lotn and the following develop- < Q
ment approvals: MO ls:0 MOS Review for Lodging allot-
ments,and GM review for Affordable Housing. Notary Public
The property is Dally described as Lot 15,Callah-
an Subdivision,City of Aspen,Pitkin County,Colo-
rado. For further information,contact Jessica
Garrow at the City of Aspen Community Develop-
ment Department,130 S.Galena St.,Aspen,CO,
(970)429.2780,iessicag@ci.aspen co us.
s/LJ rsoamer.lanning anChair
Aspen E Pd Zoning Commission
Published in the Aspen Times Weekly on August
30,2012 (8324557] ATTACHMENTS AS APPLICABLE:
• COPY OF THE PUBLICATION
• PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
• LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED
BY MAIL
• APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24-65.5-103.3
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE
ADDRESS SS OF PROPERTY:
� 74k—'o G�f
Aspen, CO
SCHEDULE UBLIC HEARING DATE:
,20/2
STATE OF COLORADO )
County of Pitkin ) ss.
being or representing an Applicant to the City of Aspen, Colorado,herebyepersonally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said otice was posted at least fifteen(15) days prior to the public hearing
on the / day ofd- � 20/2 to and including the date and time
of the public hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing f not'
g a ice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
,00'� Neighborhood Outreach: Applicant attests that neighborhood outreach
summarized and attached, was conducted prior to the first public hearing asp
required in Section 26.304.035, Neighborhood Outreach. A co
neighborhood outreach summa py o.f the
summary, including the method of public notification and
a copy of any documentation that was presented to the public is attached hereto.
(continued on next page)
� Mineral Estate Owner Notice. By the certified mailing of notice return
requested, to affected mineral estate owners by at least thirty(30) days prior to the
date scheduled for the initial public hearing on the application of development.
The names and addresses of mineral estate owners shall be those on the current
tax records of Pitkin County. At a minimum, Subdivisions that create more than
one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are
subject to this notice requirement.
Rezoning or text amendment. Whenever the official zoni is
ng district map is in any
way to be changed or amended incidental to or as part of a general revision of th
Title, or whenever the text of this Title is to be amended, whether such revision be
made by repeal of this Title and enactment of a new land use regulation, or
otherwise, the requirement of an accurate survey map or other sufficient legal
description of, and the notice to and listing of names and addresses of owners of
real property in the area of the proposed change shall be waived. However, the
proposed zoning map shall be available for public inspection in the planning
agency during all business hours for fifteen 15
on such amendments. ( ) ys prior to e public hearing
Si ture
The foregoing "Affidavit of Notice"was acknowl ed before me th' I8
of--� �°il� , 20 , by day
V n
�P 1. 4F4 '
�P.b TA��'�'•.L WITNESS MY HAND AND OFFICIAL SEAL
• ; My com ission expires:
�f1
' �.
�OF COQ-�P,P
Notary Public
My Commission Expires 09/25PM
ATTACHMENTS AS APPLICABLE:
• COPYOFTHEPUBLICATION
• PHOTOGRAPH OF THE POSTED NOTICE(SIGN)
• LIST OF THE 0WNERSAND GOVERNMENTAL A GENCIES NOTICED
BYMAIL
• APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24-65.5-103.3
RE: 1450 CRYSTAL LAKE DRIVE-GROWTH
MANAGEMENT REVIEW
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, September 1
2012, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Co 8,
Cities Meeting Room, City Hall, 130 S. Galena St., mmission Si Aspen, to consider an application submitted b r
the Aspen Club and Spa, LLC, for the property located at 1450 Crystal Lake Road commonly
known as the Aspen Club and Spa), represented by Vann Associates, LLC. The applicant is
requesting 6 lodge pillow allotments and the following development approvals: GMQS Review
for Lodging allotments, and GMQS review for Affordable Housing. The Property is legally
described as Lot 15, Callahan Subdivision, City of Aspen, Pitkm h
County, Colorado. For further
ley
information, contact Jessica Garrow at the City of Aspen Community Development De artm er
130 S. Galena St.,Aspen,CO, (970)429.2780,jessicag @ci.aspen.co.us. p ent,
s/LJ Ersnamer, Chair
Aspen Planning and Zoning Commission
Published in the Aspen Times on August 30,2012
City of Aspen Account ---___
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10TWMTN DIVISION HUT ASSOC INC 1280 LITE LLC ALPHA FAMILY TRUST
1280 LITE AVE 1280 UTE AVE#16 C/O SARAN CAPITAL GROUP INC
ASPEN, CO 81611 ASPEN, CO 81611 10100 SANTA MONICA BLVD#2600
LOS ANGELES,CA 90067
ASPEN CLUB BASS EDWARD P
1450 CRYSTAL LAKE RD C/O DORSEY CROUSE BEHRHORST DAVID G
ASPEN,CO 81611 201 MAIN ST#2700 1280 LITE AVE STE 32
FORT WORTH,TX 76102 ASPEN,CO 81611
BURGESS JOHN K&ELIZABETH CITY OF ASPEN
25 CHESHAM ST ATTN FINANCE DEPT CLINE LEONARD J
LONDON UK SWX 8NQ, - - - -130 S GALENA ST 634 CARONDELET ST - - -
ASPEN, CO 81611 NEW ORLEANS, LA 70130-3504
COLEN TRUST COTE RICHARD
25 ORINDA WY#300 1280 LITE AVE CRICENTI-MUNVES PALMIRA
ORINDA, CA 94563 ASPEN, CO 81611 PO BOX 24
ASPEN,CO 81612
FALLIN RICHARD ALDEN FARVER JOAN LIVING TRUST
PO BOX 6819 617 FRANKLIN PL#200 FRETZ BRUCE R&BARBARA B
SNOWMASS VILLAGE, CO 81615-6819 PELLA, IA 50219 1432 CRYSTAL LAKE RD#2B
ASPEN, CO 81611-2250
GIBSON DYLAN J GOODMAN HERBERT I&MARY K
1280 LITE AVE 5710 TECUMSEH CIR GOODMAN LEONARD C
H
ASPEN, CO 81611 HOUSTON, TX H CIR 317 222 N LASALLE ST#800
CHICAGO, IL 60601
GORDON JOHN CHARLES HAHN TRUST HALCYON ASPEN LLC
PO BOX 69 1650 FARNAM ST C/O SMITHFIELD FOODS
TWIN LAKES, CO 81251-0069 OMAHA, NE 68102 200 COMMERCE ST
SMITHFIELD,VA 23430
HART H RODES&PATRICIA_ I - HEAD FREDERICK F
3001 HILLSBORO RD 1451 LIT
E AVE HOFFMAN EVELINE REV TRUST
BRENTWOOD,TN 37027 ASPEN,E 81611 1427 CRYSTAL LAKE RD
ASPEN, CO 81611
HUNT SUSAN M&HELEN M JONES WARREN D&KATHLEEN K LUTTRELL MARTHA
15700 S PARK BLVD 2105 LEE SHORE PL C/O FRANCIS&FREEDMAN
SHAKER HEIGHTS,OH 44120-1670 WILMINGTON, NC 28405 501 S BEVERLY DR 3RD FL
BEVERLY HILLS,CA 90212
MANAGING SPACES LLC MCCLAIN PETER K
PO BOX 4362 1461 LITE AVE MITCHELL TODD
ASPEN, CO 81612 ASPEN, CO 81611 1280 LITE AVE#7
ASPEN, CO 81611
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Re ular Ci Plannin, & Zonin Meetin —Minutes tember
18 2012
Comments
Conflicts of Interest 2
1450 C stal Lake Rd :— GM S Review 2
South Aspen Street Lod e— PUD Review 2
4
1
2— Minute tember 18 201
& zoning Meetin
Regular Ci r ae
and Zoning Commission
LJ Erspamer opened the regular meeting oofine Planning
Toners present were Ryan
in Sister Cities Meeting Room at 4:30. Commissioners
Tygre, Stan Gibbs
Walterscheid, Bert Myrin, Keith Goode, Cliff Weiss,
DeFrancia did not attend. Staff in attendance were Debbie
and LJ Erspamer. Jim ; Jessica Garrow and
Quinn, n, Municipal Assistant City Attorney Chris B
Clerk and Jackie Lothian,
Community Development; Reed Patterso
Deputy City Clerk.
Comments
VH site visit has been decided for the 30`" or the 6th.
Bert asked if the A
lied that she wasn't sure but Jennifer would list.back on ca said that was on the
rep on the check
how City CounciS following
City Council.
code amendment
Mi=S ust 21S` and
MOTION:
Bert Myrin moved to approve the minutes from Aug
September 4th seconded by Stan Gibbs; all in favor, APPROVED.
Declaration of Conflicts of Interest
Ryan stated that In
disclosure that he previously was an employee t f Ran said is
presenting both projects but he never worked on be o e it was changed. on
P g
the first project he helped with the LEAD certification el
comes up that he has knowledge of he can rec for tonight
Iself.
Ryan said if something application and memo
Debbie Quinn stated that she has reviewed the app to ee of the club.
ands spoke to Ryan about it. Keith said that e La been e did physical therapy at
P
Cliff said he was on the COWOP for the club.
the Club.
Public Hearing: S Review
1450 Crystal La i ce Rd — GMQ Crystal Lake Rd. LJ asked for
LJ Erspamer opened the public hearing ew d both affidavits and they are in order
proof of legal notice. Debbie Q i he property lines which Jessica reviewed and
and received someone q
found they were correct.
troduced herself and this was a request by Sunny Vann and
Jessica Garrow In
' tes fora 6 lot below growth management allotments to add new
Associates
Club timeshare. Jessica stated in 2010 the Aspen t timeshare
bedrooms to the Aspen
received final approval for a PUD, SPA and Time arand things like that. As the
units and a revamping of Club facilities, new parking
2
Re ular Ci Plannin & Zonin Meetin — Minutes a tember 18 2012
applicant has gone forward working towards construction level documents the
have had some internal changes that they are interested in pursuing; part of whic h
is adding 3 new bedrooms; each bedroom is considered to have 2 pillows. With
the 3 new bedrooms they need 6 lodge pillow allotments. Jessica said that the
request was to change 2 of the previously approved units in the Aspen Club to 3
bedroom units and to add 1 new studio unit that would not be actually used as
a
timeshare until a future point in time when it is no longer used as the timeshare
sales office. There is no change in the internal or external space of the building.
APCHA has reviewed the request and the applicant is going to use "credit" from
affordable housing that was part of the original approval that the original approval
over-mitigated for the employees that were generated; they created a credit of 8.4
FTEs that were in addition to what was required. Staff was in favor of the change.
g •
Bert asked about page 5 which is page 2 of the resolution. Jessica responded that
is a new unit one bedroom but they will be using this for the timeshare lodge unit
sales and then it will be converted to a 1 bedroom. Jessica said with this a roval
changes from 20 units to 21 units. pp
LJ asked on page 13 of the packet and asked if it was part of APCHAs
recommendation. Jessica replied that it was part of APCHAs recommendation and
has not been included in the Resolution because the Ordinance really g overns ho w
the affordable housing units were dealt with in terms of rental and for sale; if they
are not in compliance they transition into for sale units. LJ said there were some
requirements from Engineering and APCHA. Jessica said many of those
requirements have not been triggered yet because there is no issuance for a
building permit though they are within their vesting period and meetin all the
requirements to date and need to do those going forward. g
Sunny Vann stated that he didn't have much to add and the building was
proceeding toward its permits position.
Bert said your application has 107 pages why is that. Sunny replied that he
included the original application and approval so that everything could be found in
one simple place for everything that was done.
LJ said on the application number 3 those amendments do not increase traffic and
was it a daily study or more; he only found the study date of August 21St. Sunny
answered that they have a condition of approval that we can't increase trip travel
into the club. LJ asked if there was a method of monitoring that. Sunny replied
that it was incorporated in the TDM and in the Council Conditions of Final
3
— Minutes September 181_2012
Regular Ci an Zn Men
Approval. LJ said the proposed amendment does not involve original approval.
inconsistent with the condition or representation of the project's re lied es;
for 20. Sunny p Y
LJ asked if this was a change from
eam original approval otherwise it gets kicked up to
this is a threshold for an insubstantial
P&Z
for approval so the staff has exercised latitude historically as to whether it is
so far out of the approval that it has to come back to P&Z.
No public comments.
Cliff opposed this project and will not support it.
LJ said
now we are going back to add another unit and LJ felt it be here asking for
with. Sunny responded that had we built it smaller we wouldn't
the change.
MOTION
Bert Myrin moved to approve Resolution 16 approving Gibbs.r Roll
Management Review for the Aspen Club project, s eS;Clef Weiss, no; Bert Myrin,
• Keith Goode, y Cliff
call vote: Ryan Walterscheid, yes,
smine T gre, yes; Stan Gibbs, yes; LJ Erspamer, no. APPROVED 5-2.
yes; Ja Y
Public Hearing:
South As en Street Lod e — PUD Review
Ers amer opened the public hearing for South Aspen St bbieod Quinn UD reviewed
LJ p
Review. Chris Bendon presented the affidavit a d there was an information
the affidavit of notice for posting and mailing
meetin of a sketch plan with all of the requirements for that meeting was
outreach g
met.
Chris said this property was known as lots 1, 2, and 3 of the South Aspen Street
' ision south of Dean and north of the Shadow Mountain Condominiums.reiterations
t
Subdivision,
has been known as the Lodge at Aspen Mountain° of hi tory oft in v with an
over the last decade or so. Chris gay
al ranted in 2003 known as the Townhomes approval for 14tfree ub market
subsequent
units a g
units and 17 affordable units and is a vested approval unfortunate that was the
to that there was much discussion about zoning g
that a roval and there was a neighborhood master plan initiated involved this
for pp
that is also referred to as COWOP I. The neighborhood One Lodge, properties to the east
property and the property across the street,
p
were
Ski Com any properties and properties owned by the City of spa ollls
included into a master plan process; that plan was not approved.
4
Table 1
DEVELOPMENT DATA
Lot 15, Callahan Subdivision/PUD
1. Existing Zoning RR(PUD), Rural Residential,
Planned Unit Development Overlay
2. Existing Development
Gross Building Area (Sq. Ft.)'
Floor Area (Sq. Ft.)' 9,604
3
Net Leasable Commercial Area (Sq. Ft.)' 39,050
47
Parking Spaces' ,617
91
3. Proposed Zoning
RR(PUD)(SPA), Rural Residential,
Planned Unit Development/Specially
Planned Area Overlay
4. Minimum Lot Size (Acres)
2.0
5. Existing Lot Size3
Acres 4.941
Square Feet 215,232
6. Proposed Lot Size (Acres)
Lot 1
Lot 24 3.702
Lot 3 Not Applicable
Lot 4 0.264
Lot 5 0.716
0.260
7. Available Lot Area (Sq. Ft.)
For Density Purposes' Not Applicable
For Floor Area Purpose s6 171,047
8. Minimum Required Lot Area/Dwelling
Unit
Multi-Family No Requirement
Lodge No Requirement
9. Minimum Required Lot Width (Feet)
200
67
370
10. Existing Lot Width (Feet)'
11. Proposed Lot Width (Feet)?
305
Lot 1 Not Applicable
Lot 24 135
Lot 3 266
Lot 4 95
Lot 5
12. Minimum Required Setbacks (Feet)
30
Front Yard 20
Side Yards 20
Rear Yard
13. Proposed Setbacks (Feet)8
Lot 1
Front Yard 30
Above Grade 5
Below Grade
East Side Yard 0
Above Grade 0
Below Grade
West Side Yard 60
Above Grade 5
Below Grade 25
Rear Yard
Lot 24 Not Applicable
Front Yard Not Applicable
East Side Yard Not Applicable
West Side Yard Not Applicable
Rear Yard
Lot 3 10
Front Yard 10
East Side Yard 20
West Side Yard 10
Rear Yard
Lot 4 10
Front Yard 0
South Side Yard
68
West Side Yard 5
East Rear Yard 20
North Rear Yard 10
Lot 5
Front Yard 7.5
East Side Yard 5
West Side Yard 0
Rear Yard 10
14. Maximum Allowable Building Height (Feet) 28
15. Proposed Building Height (Feet)
Townhouse Units
Units 1, 7 and 149 28
Units 2 -5 and 8 - 1310 28
Club Units10 28
Affordable Housing Units10
Unit 11
Northwest Corner 32
Unit 12
Northwest Corner 41
Southwest Corner 31.25
16. Minimum Required Distance Between No Requirement
Buildings
17. Minimum Required Open Space No Requirement
18. Maximum Allowable Floor Area
Single-Family Same as R-15
Multi-Family No Requirement
Commercial No Requirement
Lodge No Requirement
19. Proposed Floor Area (Sq. Ft.)" 94,750
Townhouse Units 34,410
Club Units 16,080
Aspen Club & Spa 31,870
Affordable Housing Units 12,390
20. Proposed Floor Area Ratio 0.55:1
69
21. Proposed Net Leasable Commercial Area (Sq. Ft.)11 41,090
22. Minimum Required Off-Street Parking 71
Fractional Ownership Units @ 0.5 20
Spaces/Key 91
Aspen Club & Spa2 56
Lot 15 35
Lots 14A and 14W 12
Affordable Housing Units @ 1 Space/
Unit
23. Proposed Off-Street Parking
132
Fractional Ownership Units 20
Aspen Club & Spa 95
Lot 1 60
Lots 14A and 14W 35
Affordable Housing Units 17
1 Includes the tennis dome.
2 Per City Council Ordinance No. 20, Series of 1996.
3 Per Improvement Location Survey/Topographic Map dated April 20, 2009
prepared by Sopris Engineering, LLC.
4 Lot 2 is an airspace lot with no associated land area.
5 The RR, Rural Residential, zone district does not contain a density requirement
for either lodge or multi-family residential uses.
6 Excludes land under water. Calculated pursuant to the definition of lot area
contained in Section 26.575.020.C. of the Regulations.
Measured congruent to the front yard setback line.
8 Measured from the closest building face to the applicable property line.
9 Measured to a point 1/3 of the distance from the eave to the ridge of the roof.
10 Measured to the top of the roof.
11 Rounded to the nearest ten square feet.
70
MEMORANDUM M ,I
TO: Aspen Planning and Zoning Commission
THRU: Jennifer Phelan, Community Development Deputy Director
FROM: Jessica Garrow, Long Range Planner
RE: 1450 Crystal Lake Road—GMQS Review
Resolution No._, Series of 2012
MEETING DATE: September 18, 2012
F PLICANT/OWNER:
pen Club and Spa, LLC
PRESENTATIVE:
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) Overla �
y
SUMMARY:
The Applicant requests six (6) lodge pillow
allotments in order to add three (3) new
bedrooms to the timeshare approval previously
granted in 2012. The site plan does not change
and there are no external changes or new
r
building proposed. The proposed bedrooms are
a result of internal reconfigurations.
STAFF RECOMMENDATION:
Staff recommends approval of the Growth Photo: Aspen Club buildin
Management Request. g and location.
REQUEST OF THE PLANNING AND ZONING COMMISSION The Applicant is
requesting the following land use approvals from the Planning and Zoning Commission:
• A Growth Management Review (Chapter 26.470.040.C.7, Affordable Housing) for the
development of affordable housing. (The Plannin and Zonin Commission is the final
review.authority.)
Aspen Club Growth Management Review
Page 1 of 3
• A Growth Management Review (Chapter 26.470.080.3, Lodge development) for the
development of affordable housing. (The Plannin and Zonin Commission is the final
review authority.)
BACKGROUND AND PROJECT SUMMARY:
The Aspen Club is located in the Rural Residential (RR) zone district with a PUD overlay and an
SPA overlay. The Club is part of the Callahan Subdivision and PUD, which was initially
approved in 1976. The original approval included sixteen (16) lots. Lot 14A was designated as
a parking facility for the use and benefit of the clubhouse and recreational facility that was
proposed on Lot 15 (the current location of the Aspen Club). The parking area on Lot 14A
includes thirty-five (35) spaces, and is accessed from Lot 15 via a bridge over the Roaring Fork
River and through Lot 14.
A number of PUD Amendments have been made to the Callahan Subdivision since the original
approval, the most recent of which was the PUD amendment approved in 2010 (Ordinance 2,
Series of 2010). This approval was for a redevelopment on the property of 20 timeshare units,
12 2-bedroom affordable housing units, and a reconfigured recreation club (the Aspen Club). A
total of 132 parking spaces are approved for the development — 35 spaces across the river on lots
14A& 14W and 97 on the Club parcel (Lot 15-A).
After receiving all the final approvals, the Applicant began working on construction drawings
and perfecting the interior compilation of space. Based on some refinements, the Applicant was
able to reconfigure the space to create three new lodge bedrooms — one in a new unit, and
converting two approved 2-bedroom units into 3-bedroom units. This change requires 6
additional lodge pillow allotments (each bedroom requires 2 lodge pillow allotments). If
approved, the project will have a total of 21 timeshare lodge units. It is important to note that the
proposed new unit will not be developed at the same time as the original 20 units. It is intended
to be used as the timeshare sales office, as allowed in the original approval. When all the
timeshare units are sold, the applicant plans on converting that space into the new lodge unit.
STAFF COMMENTS:
LODGE AND AFFORDABLE HOUSING REVIEW:
This application amends the 2012 approval that included 20 timeshare units and 12 affordable
housing units. The applicant is requesting 6 lodge pillows from the 2012 Growth Management
year. The project is required to provide affordable housing mitigation for the increase in lodge
Pillows proposed.
The original 20 units required mitigation for 18.6 FTEs. (Land Use Code section 26.470.100.A.1
states that there are .5 FTEs per lodging bedroom. Therefore, the employee generation was 31
FTEs (62 lodge bedrooms * .5 FTEs = 31 FTEs). At a mitigation level of 60%, the required
mitigation for the project was 18.6 FTEs (31 FTEs * 60% = 18.6 FTEs).)
The 12 affordable housing provided mitigation for 27 FTEs, or approximately 145% of the
required affordable housing mitigation. The applicant has requested to use that "credit" to
mitigate for this proposal. (27 FTEs mitigated — 18.6 FTEs required = 8.4 FTE "credit"). The
APCHA Board recommended the Applicant be able to use the credit for this proposal.
Aspen Club Growth Management Review
Page 2 of 3
This application results in a need to mitigate for 0.9 FTEs (3 new bedrooms * .5 FTE per
bedroom = 1.5 FTEs, 1.5 FTE * 60% = 0.9 FTE mitigation requirement), which is significantly
less than the "credit" from the PUD/SPA approval. With the additional lodge pillows, the
Applicant is mitigating approximately 138% of the FTEs generated, or 72% of the total
employees generated by the development.
REFERRAL COMMENTS: The APCHA Board reviewed this application at their regular
meeting and recommends in favor of the request. Their comments are attached as Exhibit B
RECOMMENDATION: Staff recommends approval of the allotments.
PROPOSED MOTION: "I move to approve Resolution #_, Series 2012, approving Growth
Management Reviews for the Aspen Club project."
Attachments:
Exhibit A—Growth Management Review Criteria, Staff Findings
Exhibit B —APCHA Referral Comments
Exhibit C—Application (bound)
Aspen Club Growth Management Review
Page 3 of 3
RESOLUTION N0._
(SERIES OF 2012)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION
APPROVING SIX (6) LODGE PILLOW ALLOTMENTS FOR THE PROPERTY
LOCATED AT 1450 CRYSTAL LAKE ROAD (THE ASPEN CLUB), LEGALLY
DESCRIBED AS LOT 15 OF CALLAHAN SUBDIVISION, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
Parcel ID:2737-181-32-019
WHEREAS, the Community Development Department received an application from
Aspen Club and Spa, LLC, represented by Sunny Vann of Vann Associates, LLC requesting six
(6) lodge pillow allotments to add three lodge bedrooms to the Aspen Club Timeshare project;
and,
WHEREAS, the Applicant received Conceptual Commercial Design Review from the
Planning and Zoning Commission on April 1, 2008 via Resolution 9, Series of 2008; and,
WHEREAS, the Applicant received final Specially Planned Area (SPA), final Planned
Unit Development (PUD), final Timeshare, Stream Margin, Affordable Housing Growth
Management Allotments, Multi-Year Growth Management Lodge Allotments, Rezoning, and
Subdivision, to develop a sub-grade garage, twenty (20) timeshare units and twelve (12)
affordable housing units, and to redesign existing commercial spaces, from the Aspen City
Council on June 1, 2010 via Ordinance 2, Series of 2010; and,
WHEREAS, the Applicant received Final Commercial Design Review from the
Planning and Zoning Commission on September 6, 2011 via Resolution 17, Series of 2011; and,
WHEREAS, the Applicant requests approval by the Planning and Zoning Commission
for Lodging and Affordable Housing Growth Management Reviews; and,
WHEREAS, upon initial review of the application and the applicable code standards, the
Community Development Department recommended approval of the application; and,
WHEREAS, during a duly noticed public hearing on September 18, 2012, the Planning
and Zoning Commission approved Resolution No. _, Series of 2012, by a_to_
approving Lodging and Affordable Housing Growth Management Reviews; and, — vote,
WHEREAS, the Planning and Zoning Commission 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 Community Development Director, and
has taken and considered public comment; and,
WHEREAS, the Planning and Zoning Commission finds that the development proposal
meets or exceeds all applicable development standards; and,
Resolution No_, Series 2012
Pagel of 3
WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is
necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO THAT:
Section 1-
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Planning and Zoning Commission hereby approves six (6) lodge allotments through its lodge
development Growth Management Review, and approves the Aspen Club to utilize the
previously approved affordable housing units as mitigation through its affordable housing
Growth Management Review.
The project is approved to consist of 21 timeshare lodge units, 14 located in "townhome units"
and 7 located in the Aspen Club building ("club units"). This approval converts two 2-bedroom
"club units" to 3-bedroom units, and allows the applicant to build a seventh "club studio unit."
The seventh unit is approved to be utilized as sales space for the timeshare units, as permitted in
Ordinance 10, Series of 2012, but may be converted to a timeshare lodge unit in the future.
Section 2•
All conditions outlined in City Council Ordinance 10, Series of 2011 and Plannin & Z
Commission Resolution 17, Series of 2011 remain valid and in effect. g omng
Section 3•
The affordable housing commitment made by the applicant represents a voluntary negotiated
agreement between the applicant, the City and APCHA which has been proposed by he applicant
as a public benefit in connection with the Aspen Club development approved by Ordinance No. 2
(Series 2010), and as amended. Owner and APCHA stipulate and agree that, in accordance with
CRS 38-12-301(1)(a) and (b), the deed restriction that shall be recorded prior to Certificate of
Occupancy constitutes a voluntary agreement and the deed restriction limits the rent on the
property and is subject hereto and is to otherwise provide affordable housing stock. Owner waives
any right it may have to claim that the deed restriction will violate CRS 38-12-301.
Section 4:
All material representations and commitments made by he 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.
Section 5•
This Resolution shall not affect any existing litigation and shall not operate as an abatement
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.
Resolution No_, Series 2012
Page 2 of 3
Section 6:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this day of
September, 2012.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
Deb Quinn,Special Counsel LJ Erspamer, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
Resolution No_, Series 2012
Page 3 of 3
Exhibit A—GMQS Staff Findings
26.470.050. General requirements.
B. General requirements: All development applications for growth management review shall
comply with the following standards. The reviewing body shall approve, approve with
conditions or deny an application for growth management review based on the following
generally applicable criteria and the review criteria applicable to the specific type of
development:
1. Sufficient growth management allotments are available to accommodate the proposed
development, pursuant to Subsection 26.470.030.D. Applications f multi-year
development allotment, pursuant to Paragraph 26.470.090.1 shall not be required to
meet this standard.
Staff Findings: No other Growth Management Application has come forward in 2012, so all
lodge allotments are available. Staff finds this criterion is met.
2. The proposed development is compatible with land uses in the surrounding area, as well
as with any applicable adopted regulatory master plan.
Staff Findings: There are not applicable adopted Master Plans, and the development
conforms with the neighborhood and the vested approvals for the site. Staff finds this criterion
is met.
3. The development conforms to the requirements and limitations of the Zone district.
Staff Findings: The proposal is an internal change and does not change any of the approved
dimensions in the PUD/SPA. Staff finds this criterion is met.
4. The proposed development is consistent with the Conceptual Historic Preservation
Commission approval, the Conceptual Commercial Design Review approval and the
Conceptual Planned Unit Development approval, as applicable.
Staff Findings: This is an internal change only, and is consistent with the Conceptual and
Final Commercial Design approvals. Staff finds this criterion is met.
S. Unless otherwise specified in this Chapter, sixty percent (60%) of the employees
generated by the additional commercial or lodge development, according to Subsection
26.470.100.A, Employee generation rates, are mitigated throug h the provision of
affordable housing. The employee generation mitigation plan shall be approved
pursuant to Paragraph 26.470.070.4,Affordable housing, at a Category 4 rate as defined
in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant
may choose to provide mitigation units at a lower category designation. If an applicant
chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to
Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90
Criteria for Administrative Extinguishment of the Certificate.
Exhibit A—Staff Findings
Page 1 of 5
Staff Findings: This application amends a previously approved PUD/SPA that included 20
timeshare units and 12 affordable housing units. The original 20 units required mitigation for
18.6 FTEs. (Land Use Code section 26.470.100.A.1 states that there are .5 FTEs per lodging
bedroom. Therefore, the employee generation was 31 FTEs (62 lodge bedrooms * .5 FTEs =
31 FTEs). At a mitigation level of 60%, the required mitigation for the project was 18.6 FTEs
(31 FTEs * 60% = 18.6 FTEs).)
The 12 affordable housing mitigated for 27 FTEs, or approximately 145% of the required
affordable housing mitigation. The applicant has requested to use that "credit" to mitigate for
this proposal. (27 FTEs mitigated — 18.6 FTEs required = 8.4 FTE "credit"). The APCHA
Board recommended the Applicant be able to use the credit for this proposal.
This application results in a need to mitigate for 0.9 FTEs (3 new bedrooms * .5 FTE per
bedroom = 1.5 FTEs, 1.5 FTE * 60% = 0.9 FTE mitigation requirement), which is significantly
less than the "credit" from the PUD/SPA approval. With the additional lodge pillows, the
Applicant is mitigating approximately 138% of the FTEs generated, or 72% of the total
employees generated by the development. Staff finds this criterion is met.
6. Affordable housing net livable area, for which the finished floor level is at or above
natural or finished grade, whichever is higher, shall be provided in an amount equal to
at least thirty percent (30%) of the additional free-market residential net livable area,for
which the finished floor level is at or above natural or finished grade, whichever is
higher.
Affordable housing shall be approved pursuant to Paragraph 26.470.070.4, Affordable
housing, and be restricted to a Category 4 rate as defined in the Aspen/Pitkin County
Housing Authority Guidelines, as amended. An applicant may choose to provide
mitigation units at a lower category designation. Affordable housing units that are being
Provided absent a requirement ("voluntary units ) may be deed-restricted at any level of
affordability, including residential occupied. If an applicant chooses to use a Certificate
of Affordable Housing Credit as mitigation,pursuant to Chapter 26.540, such Certificate
shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative
Extinguishment of the Certificate, utilizing the calculations in Section 26.470.100
Employee/Square Footage Conversion.
Staff Findings: No free-market residential component is proposed as part of this application.
Staff finds this criterion is not applicable.
7. The project represents minimal additional demand on public infrastructure, or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control,fire and police protection, solid
waste disposal,parking and road and transit services.
Exhibit A—Staff Findings
Page 2 of 5
Staff Findings: The addition of one lodge unit and six total pillows represents a minimal
additional demand on public infrastructure. The Applicant remains bound by the PUD/SPA
approval, which states there cannot be an increase in trips to and from the Aspen Club. Staff
finds this criterion is met.
26.470.070. Minor Planning and Zoning Commission applications.
4. Affordable housing. The development of affordable housing deed-restricted in accordance
with the Aspen/Pitkin County Housing Authority Guidelines shall be approved, approved
conditions or denied by the Planning and Zoning Commission based on the following criteria:
a. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing
Authority. A recommendation from the Aspen/Pitkm County Housing Authority sha
be required for this standard. The Aspen/Pitkin County Housing Authority may
choose to hold a public hearing with the Board of Directors.
Staff Findings: The proposed units comply with all APCHA standards, and are required to
comply with all previous approvals. Staff finds this criterion is met.
b. Affordable housing required for mitigation purposes shall be in the form of actual
newly built units or buy-down units. Off-site units shall be provided within the City
limits. Units outside the City limits may be accepted as mitigation by the City Council,
pursuant to Paragraph 26.470.090.2. If the mitigation requirement is less than one (1)
full unit, a cash-in-lieu payment may be accepted by the Planning and Zoning
Commission upon a recommendation from the Aspen/Pitkin County Housing
Authority. If the mitigation requirement is one (1) or more units, a cash-in-lieu
payment shall require City Council approval, pursuant to Paragraph 26.470.090.3. A
Certificate of Affordable Housing Credit may be used to satisfy mitigation
requirements by approval of the Community Development Department Director,
pursuant to Section 26.540.080 Extinguishment of the Certificate. Required affordable
housing may be provided through a mix of these methods.
Staff Findings: The Applicant is constructing 12 affordable housing units, housing 27 FTEs.
This more than mitigates for the 19.5 employees required to be mitigated for in the project
(18.6 FTEs previously approved + 0.9 FTEs in this application = 19.5 FTEs). Staff finds this
criterion is met.
c. Each unit provided shall be designed such that the finished floor level of fifty percent
(50%) or more of the unit's net livable area is at or above natural or finished grade,
whichever is higher. This dimensional requirement may be varied through Special
Review, Pursuant to Chapter 26.430.
Staff Findings: All of the previously approved affordable housing units are located such that
50% or more of the net livable space is above grade. Staff finds this criterion is met.
Exhibit A—Staff Findings
Page 3 of 5
d. The proposed units shall be deed-restricted as 'for sale" units and transferred to
qualified purchasers according to the Aspen/Pitkin County Housing Authority
Guidelines. The owner may be entitled to select the first purchasers, subject to the
aforementioned qualifications, with approval from the Aspen/Pitkin County Housing
Authority. The deed restriction shall authorize the Aspen/Pitkin County Housing
Authority or the City to own the unit and rent it to qualified renters as defined in the
Affordable Housing Guidelines established by the Aspen/Pitkin County Housing
Authority, as amended.
The proposed units may be rental units, including but not limited to rental units owned
by an employer or nonprofit organization, #'a legal instrument in a form acceptable to
the City Attorney ensures permanent affordability of the units. The City encourages
affordable housing units required for lodge development to be rental units associated
with the lodge operation and contributing to the long-term viability of the lodge.
Units owned by the Aspen/Pitkin County Housing Authority, the City of Aspen, Pitkin
County or other similar governmental or quasi-municipal agency shall not be subject
to this mandatory 'for sale"provision.
Staff Findings: The affordable housing units have previously been approved as rental units.
The Applicant is required to comply with all previous approvals for the units. Staff finds this
criterion is met.
e. Non-Mitigation Affordable Housing. Affordable housing units that are not required
for mitigation, but meet the requirements of Section 26.470.070.4(a-d). The owner of
such non-mitigation affordable housing is eligible to receive a Certa ccate o Affordable
Housing Credit pursuant to Chapter 26.540. f f ff
Staff Findings: No non-mitigation units are not proposed in this application. Staff finds this
criterion is not applicable.
26.470.080. Major Planning and Zoning Commission applications.
3. Lodge development. The expansion of an existing lodge or the development of a new lodge
shall be approved, approved with conditions or denied by the Planning and Zoning Commission
based on the following criteria.
b. If the project contains less than one (1) lodge unit per five hundred (500) square feet of
lot area, the following affordable housing mitigation standards shall apply:
1) Affordable housing net livable area equaling thirty percent (30%) of the additional
free-market residential net livable area shall be mitigated through the provision of
affordable housing.
Staff Findings: No free-market residential component is proposed as part of this application.
Staff finds this criterion is not applicable.
2) Sixty percent (60%) of the employees generated by the additional lodge, timeshare
lodge, exempt timeshare units and associated commercial development, according to
Exhibit A—Staff Findings
Page 4 of 5
Paragraph 26.470.050.A.1, Employee generation, shall be mitigated through the
provision of affordable housing.
Staff Findings: This application amends a previously approved PUD/SPA that included 2
timeshare units and 12 affordable housing units. The original 20 units required mitigation for
p
18.6 FTEs. (Land Use Code section 26.470.100.A.1 states that there are .5 FTEs g lod in
bedroom. Therefore, the employee generation was 31 FTEs (62 lodge bedrooms * .5 FTE g
31 FTEs).* At a mitigation level of 60%, the required mitigation for the project was 18.6 FT
(31 FTEs 60% = 18.6 FTEs).) Es
The 12 affordable housing mitigated for 27 FTEs, or approximately 145% of the required
affordable housing mitigation. The applicant has requested to use that "credit" to mitigate for
this proposal. (27 FTEs mitigated — 18.6 FTEs required = 8.4 FTE "credit"). The APCHA
Board recommended the Applicant be able to use the credit for this proposal.
This application results in a need to mitigate for 0.9 FTEs (3 new bedrooms * .5 FTE per
bedroom = 1.5 FTEs, 1.5 FTE * 60% = 0.9 FTE mitigation requirement), which is significantly
less than the "credit" from the PUD/SPA approval. With the additional lodge glows the
Applicant is mitigating approximately 138% of the FTEs generated, or 72% of the total
employees generated by the development. Staff finds this criterion is met.
Exhibit A—Staff Findings
Page 5 of 5
MEMORANDUM
TO: Jessica Garrow, Community Development Department
FROM: Cindy Christensen, APCHA Operations Manager
DATE: September 5, 2012
RE: ASPEN CL UB AMENDMENT
Parcel ID No.
ISSUE: The Aspen Club is proposing to the City of Aspen to expand the approved project by
adding three lodge bedrooms (six lodging pillows). The issue is affordable housing mitigation to be
required in connection with this request.
BACKGROUND: The City Council approved the development under Ordinance No. 2 Series of
2010). The applicant was required to provide 12 on-site affordable housing units — 3 units 850
square feet at Category 2, 5 units 950 square feet at Category 3, and 4 units 950 square feet at
Category 4. The units will be rental units and owned and managed by the Aspen Club and S a.
p
MITIGATION:
Based on the previous requirements of Section 26.470.100.A.1, the mitigation requirement wa
calculated as follows: s
Free Market Units
Free Market Bedrooms
10 3-bedroom townhouse units
4 4-bedroom townhouse units 30 bedrooms
4 3-bedroom club units 16 bedrooms
2 2-bedroom club units 12 bedrooms
= 4 bedrooms
62 Total Bedrooms X 0.5 Employees/Bedroom =
31 Employees X 60% 31 Employees
= 18.6 Employees
The additional 3 lodge bedrooms create 6 lodge pillows. At the code requirement of 60%, this
calculates to an additional .9 employees (3 new bedrooms X 0.5 employees/bedroom = 1.5
employees X 60% = 0.9 employees); therefore, the total required mitigation per the Land Use Code
at 60% is 19.5 (18.6 + 0.9). The 12 on-site units provide mitigation for 27 FTE's, which exc
the minimum requirement by 7.5 employees, or approximately 38%. eeds
Aspen Club Amendment
Page 1
RECOMMENDATION: The APCHA Board reviewed the application at their regular meeting
held September 5, 2012 and recommended that the applicant be allowed to utilize the additional
credits to mitigate for the 6 lodging pillows. Staff recommends approval of the credits with the
following conditions (as stipulated in Ordinance No. 2 (Series 2010)):
1. The affordable housing commitment made by the applicant represents a voluntary
negotiated agreement between the applicant, the City and APCHA which has been proposed
by the applicant as a public benefit in connection with the Aspen Club development
approved by Ordinance No. 2 (Series 2010), and as amended. Owner and APCHA stipulate
and agree that, in accordance with CRS 38-12-301(1)(a) and (b), the deed restriction that
shall be recorded prior to Certificate of Occupancy constitutes a voluntary agreement and
the deed restriction limits the rent on the property and is subject hereto and is to otherwise
provide affordable housing stock. Owner waives any right it may have to claim that the
deed restriction will violate CRS 38-12-301.
2. The applicant shall require all potential tenants to receive approval by APCHA prior to
occupancy. If the applicant does not receive approval of any tenant prior to occupancy, the
applicant shall be required to pay any penalties and/or fines required by the Land Use Code
and/or as stated in the Aspen/Pitkin County Employee Housing Guidelines.
3. The 12 on-site, two-bedroom affordable housing units shall be deed restricted to Category 2
3 and 4 with the final category mix approved by APCHA in connection with the final
approval. The CO for the units shall be issued prior to or at the same time as the proposed
fractional ownership units.
4. The units shall be owned and managed by the Aspen Club and Spa. More detailed
information regarding the management and maintenance of the units shall be provided to
APCHA with the proposed deed restriction prior to CO.
5. 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.
6. Each tenant in the rental units shall be required to be requalified by APCHA on a yearly
basis.
7. The deed restriction shall allow the units to become ownership units at such time as the
owner (the Aspen Club and Spa) elects to condominiumize and sell the units, or at such
time as APCHA determines one or more units are found to be out of compliance for one
year. If any of the units are found to be out of compliance for one year, or the owner elects
to sell the units, the units shall be listed for sale with APCHA at the categories specified in
Aspen Club Amendment
Page 2
the deed restriction. The sales price shall be as stated in the APCHA Guidelines in effect at
the time of recordation of the deed restriction plus appreciation calculated at three percent
(3%) per annum or the Consumer Price Index (simple appreciation not compounded
whichever is less, as of the listing date of the units. If the units are being sold due to
noncompliance, all of the units shall be sold through the lottery system. If the owner elects
to sell the units, the owner may choose 1/3rd of the initial buyers provided they qualify under
APCHA's top priority for the unit.
8. If the owner elects to sell the units, or they are required to be sold due to noncompliance,
owner shall condominiumize the units and form a condominium association for the
management and maintenance thereof. The affordable housing association shall be separate
from the fractional ownership unit's association.
9. In the event the rental units are required to become ownership units due to noncompliance,
APCHA or the City may elect to purchase them for rental to qualified tenants in accordance
with APCHA Guidelines.
10. The rental deed restriction will be recorded with the following conditions:
a. The use and occupancy of the Employee Dwelling Units shall henceforth be limited exclusively to
housing for employees and their families who are employed in Pitkin County and who meet the
definition of"qualified employee" as that term is defined by the qualification guidelines established
and indexed by the Authority on an annual basis,and as stipulated in#3 above. The Owner shall have
the right to lease the Employee Dwelling Unit to a"qualified employee"of his own selection.
b. The Employee Dwelling Units shall not be occupied by the Owner or members of the immediate
family('Immediate Family"shall mean a person related by blood or marriage who is a first cousin[or
closer relative] and his or her children), unless the family member is a qualified employee and obtains
approval by APCHA prior to occupancy, The unit shall at no time be used as a guesthouse or guest
facility.
C. Written verification of employment of employee(s)
proposed
Units shall be completed and filed with the A thority bythe Owner of the Employ e l Dwelling Unit
prior to occupancy thereof, and such verification must be acceptable to the Authority. If found to be
occupied prior to approval, the applicant shall be required to pay any penalties and/or fines required
by the Land Use Code and/or as stated in the Aspen/Pitkin County Employee Guidelines and as they
are amended from time to time.
d• The Employee Dwelling Units shall be required to be rented for periods of no less than six (6)
consecutive months. Upon vacancy of the Employee Dwelling Units, the Owner is granted forty-five
(45) days in which to locate a qualified employee. If an employee is not placed by the Owner, the
Authority may rent the Employee Dwelling Units to a qualified employee.
e• The maximum rental rate shall not exceed the Category as stipulated in the deed restriction and as
stated in #1 above, and the rental rates shall be as set forth in the Rental Guidelines established by the
Authority and may be adjusted annually as set forth by the Guidelines. The maximum permitted rent
for the unit on the date of execution of this deed restriction as stated in the Guidelines at the time the
deed-restriction is recorded. Rent shall be verified and approved by the Authority upon submission
Aspen Club Amendment
Page 3
and approval of the lease. Employees shall be qualified by the Authority as to employment,maximum
income and asset limitations on a yearly basis. The signed lease must be provided to APCHA.
f The Unit must meet minimum occupancy; i.e.,one person per bedroom.
g• Owner agrees to provide to APCHA upon request all information reasonably necessary to determine
if there is full compliance with this Agreement.
h. In the event that APCHA has reasonable cause to believe the Owner and/or tenant is violating the
provisions of this Agreement,the APCHA, by its authorized representative, may inspect the Property
or Affordable Housing Unit between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday,
after providing the Owner with no less than 24 hours'written notice.
i• The APCHA, in the event a violation of this Agreement is discovered, shall send a notice of violation
to the Owner and/or tenant, as may be applicable, detailing the nature of the violation and allowing
the Owner or tenant fifteen (15) days to cure. Said notice shall state that the Owner or tenant may
request a quasi-judicial hearing before the APCHA Board pursuant to the Grievance Procedures of
the APCHA Guidelines within fifteen (15) days to determine the merits of the allegations. If no
hearing is requested and the violation is not cured within the fifteen (15) day period, the Owner or
tenant shall be considered in violation of this Agreement. If a hearing is held before the APCHA
Board, the decision of the APCHA Board based on the record of such hearing shall be final for the
Purpose of determining if a violation has occurred and for the purpose of judicial review.
j• There is hereby reserved to the parties'hereto any and all remedies provided by law for breach of this
Agreement or any of its terms. In the event the parties resort to litigation with respect to any or all
provisions of this Agreement, the prevailing party shall recover damages and costs, including
reasonable attorney's fees.
k. In the event an Affordable Housing Units is leased without compliance herewith, such lease shall be
wholly null and void and shall confer no title whatsoever upon the purported tenant. Each and every
lease, for all purposes, shall be deemed to include and incorporate by this reference, the covenants
herein contained, even without reference therein to this Agreement.
I• In the event that the Owner or tenant fails to cure any breach, the APCHA may resort to any and all
available legal action, including, but not limited to, specific performance of this Agreement or a
mandatory injunction requiring compliance by Owner and/or tenant, to include, but may not be
limited to, any penalty or fine as stipulated in the Land Use Code and/or Aspen/Pitkin County
Employee Housing Guidelines and as they are amended from time to time.
M. Whenever possible, each provision of this Agreement and any other related document shall be
interpreted in such a manner as to be valid under applicable law; but if any such provision shall be
invalid or prohibited under applicable law, such provision shall be ineffective to the extent of such
invalidity or prohibition without invalidating the remaining provisions of this Agreement or other
document.
n• This Agreement is to be governed and construed in accordance with the laws of the State of Colorado.
o• No claim of waiver, consent or acquiescence with respect to any provision of this Agreement shall be
valid against any part hereto except on the basis of a written instrument executed by the parties to this
agreement. However, the party for whose benefit a condition is inserted herein shall have the
unilateral right to waive such condition.
Aspen Club Amendment
Page 4
P. The parties to this Agreement agree that any modifications of this Agreement shall be effective only
when made in writing signed by both parties and recorded with the Clerk and Recorder of Pitkin
County,Colorado.
q. The terms and provisions of this Deed Restriction shall constitute covenants running with the title to
the Affordable Housing Units as a burden thereon for the benefit of, and shall be specifically
enforceable by, the Managing Agent, the Association and/or Owner, by the Housing Authority, the
City of Aspen, Colorado, and by their respective successors and assigns, by any appropriate legal
action including,but not limited to, injunction,abatement,or eviction of non-qualified tenants.
r. Lease agreements executed for occupancy of the Employee Dwelling Units shall provide for a rental
term of not less than six (6) consecutive months. A signed and executed copy of the lease shall be
provided to the Authority by the Owner within ten (10) days of approval of employee(s) for the
Employee Dwelling Unit.
S. Owner and APCHA stipulate and agree that, in accordance with CRS 38-12-301(1)(a)and (b),this
Deed Restriction constitutes a voluntary agreement and deed restriction to limit rent on the
property subject hereto and to otherwise provide affordable housing stock. Owner waives any
right it may have to claim that this Deed Restriction violates CRS 38-12-301.
t. When the option to convert any unit to a sale unit is exercised, the owner must adopt a new deed
restriction in the form adopted by APCHA that is applicable to sale units. A separate homeowner
association will be created for the 12 deed-restricted units. All condominium documents shall be
reviewed and approved by APCHA.
Sales Unit: Should the units become ownership units due to non-compliance or at the direction of
the Aspen Club:
1. The units shall be ownership units sold through the Aspen/Pitkin County Housing Authority
lottery system.
2. The unit shall be classified as stipulated in the recorded rental deed restriction.
3. The condominium documents shall reflect that any common area maintenance shall be
assessed based on the actual values of the free-market homes versus the deed-restricted
unit. Any property management fees or other fees associated with the commercial or
free-market aspect of the building shall not be charged to the deed-restricted owner. The
condominium documents shall be reviewed and approved by APCHA. The goal is to
protect the affordable housing unit from excessive monthly and/or special assessments
having to do with luxury items and/or expensive modifications.
Aspen Club Amendment
Page 5
PROFORMA TITLE REPORT
SCHEDULE A
1. Effective Date: August 15, 2012 at 8:00 AM Case No. PCT23547P2
2. Policy or Policies to be issued:
Proposed Insured:
TO BE DETERMINED
3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the
effective date hereof vested in:
ASPEN CLUB SPA, LLC, a Colorado limited liability company
4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is
described as follows:
See Attached Exhibit"A"
PITKIN COUNTY TITLE,INC.
601 E.HOPKINS,ASPEN,CO.81611
970-925-1766 Phone/970-925-6527 Fax
877-217-3158 Tall Free
AUTHORIZED AGENT
Countersigned:
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL A:
LOT 15, CALLAHAN 19 1976 in Plat Book SUBDIVISION,
at Page l7,,August according thereof
977 n Plat Book 6 at Page 16.
PARCEL B: gh A pedestrian access easement tf ou being 12 feet)inhwidtSubdivision sterly of and abutting the following described line:
Subdivision, City of Aspen, Co 9
Beginning at a point on the Southerly line 99.49 feet; thence N Subdivision
319'sW 125.28 feet; thence N 13 15' E 69.49Eeettto a
Callahan Subdivision bears N 88025,
point on the South line of Lot 14-A, Callahan Subdivision, as set forth in Deed of Access Easement recorded January 1 ,
1985 in Book 479 at Page 661.
PARCEL C:
A right of access and vehicular acce rcles Lot 14A,A Callahan Subdivision; thence following said private eroad Easterly rly
point of Lot 14, being the road that ci Road to
through Centennial Circle to Crystal La on the Final Plat and Developmentt plan of the Callahan Subdivision,l recorded
Colorado State Highway No. 82 as shown
May 19, 1976 in Plat Book 5 at Page 7, and as amended on August 17, 1977 in Plat Book 6 at Page 16.
PARCEL D:
A non-exclusive access easement and right-of-way ad adjacent at all points to feet in width along and
boundary of within the
Callahan vision,
of Lot 5, Stillwater Ranch Subdivision and
for the use and benefit of certain lands within Callahan Subdivision including Lot 15, Callahan Subdivision,for purposes of
roadway access to such lands and for utility, construction and service vehicular use.
PARCEL E: nd A non-exclusive easement and right-of-way as the Easement Are
a on the r drag attach d as Exhibit Lot 5,A t Shat certain
Ranch Subdivision, depicted and described
Easement Agreement recorded July 2012
use and enjoyment of certain erta'+n Infrastrusurerlmprovements described n the
repair, replacement, relocation,operation,
Easement Agreement for the benefit ee Ute Avenue and Lot Subdivision,
5, Callahan S bdivisiionp for ethe accvehicular
ss fuses permitt permitted by the
ingress, egress and travel betty
Easement Agreement.
Jennifer Phelan
From: Sunny Vann [vannassociates @ comcast.net]
Sent: Monday, August 20, 2012 4:05 PM
To: Jennifer Phelan
Subject: RE: Aspen Club
No problem, I've asked Art Daily to order an updated policy and will deliver it to Jessica ASAP.
Sunny Vann
Vann Associates, LLC
P.O. Box 4827
Basalt, CO 81621
van nassociatesCa@comcast.net
970/925-6958
970/920-9310 Fax
CONFIDENTIALITY NOTICE
This e-mail transmission and any accompanying documents contains information belonging to the sender that may be
confidential. This information is intended for the use of the individual or entity to whom this e-mail transmission was
sent as indicated above. If you have received this transmission in error, please advise the sender by reply e-mail and
destroy all copies of the original transmission including any accompanying documents.
From: Jennifer Phelan [mailto:Jennifer.Phelan @ci.aspen.co.us]
Sent: Monday, August 20, 2012 3:29 PM
To: vannassociates @comcast.net
Subject: Aspen Club
Hi Sunny: I reviewed your application and appreciate the time you spent on the GMQS points. Much appreciated. I did
notice that the title policy is from 2009 and, unfortunately, the code requires a current one. Either a title policy or
ownership and encumbrance report will do.
Thanks,Jennifer
Jennifer Phelan,AICP
Deputy Planning Director
Community Development Department
City of Aspen
130 S. Galena St.
Aspen, CO 81611
970-429-2759
www.aspenpitkin.com
Email secured by Check Point
1
VANN ASSOCIATES, LLC
Planning Consultants
August 15, 2012
HAND DELIVERED
Ms. Jessica Garrow
Aspen Community Development Department
130 South Galena Street
Aspen, CO 81611
Re: Aspen Club Living PUD/SPA Amendment and Lodge GMQS Application
Dear Jessica:
Please consider this letter an application for an insubstantial amendment to the
Planned Unit Development/Specially Planned Area ("PUD/SPA") approval for the
Aspen Club Living project. A lodge growth management quota system ("GMQS")
allotment is also requested in connection therewith (see Exhibit 1, Pre-Application
Conference Summary).
The application is submitted pursuant to Sections 26.440.090.A., 26.445.100.A.,
26.470.050.B., 26.470.070.4., 26.470.080.3.b) and 26.470.120 of the Aspen Land
Use Regulations (the "Regulations") by the Aspen Club & Spa, LLC (hereinafter
"Applicant"). A Commitment for Title Insurance evidencing the Applicant's owner-
ship of the Aspen Club & Spa property is attached as Exhibit 2. Permission for Vann
Associates, LLC, Planning Consultants, to represent the Applicant is attached as
Exhibit 3. A land use application form, dimensional requirements form, application
fee agreement, and a list of property owners located within three hundred feet of the
project site are attached as Exhibits 4, 5, 6 and 7, respectively.
Background
Final PUD/SPA approval for the development of twenty timeshare units and twelve
affordable housing units at the Aspen Club & Spa was granted by the City Council on
June 1, 2010 pursuant to Ordinance No. 2 (see Exhibit 8). The Ordinance also
granted the project's required GMQS allotments and approved a rezoning, subdivi-
sion, stream margin review, condominiumization, and an extended vested rights
period. Final commercial design review for the project was approved by the Planning
and Zoning Commission ("P&Z") on September 6, 2011 pursuant to Resolution No.
P.O. Box 4827 • Pasalt, Colorado 81621 * 970/925-6T38 ° , ;, ,� 93
�r-nnassociatesQc comcast.net
Ms. Jessica Garrow
August 15, 2012
Page 2
17 (see Exhibit 9). The Aspen Club Living project's approvals are vested until
September 17, 2016 (see Exhibit 10).
Proposed Amendment
The Applicant has been working with the project architect and Auberge Resorts, the
future operator of Aspen Club Living's fractional ownership component, to further
refine the project's architecture prior to submission for a building permit. In connec-
tion therewith, various revisions to the project's floor plans, elevations and site design
have occurred. One such revision involves the reconfiguration of the six so-called
"Club" units which are to be developed within the existing Aspen Club & Spa
building. As approved, the Club units consist of four, 3-bedroom units and two, 2-
bedroom units, each of which contains a lock-off bedroom for a total of twelve keys.
In the process of reconfiguring the Club units, the floor plans for the two, 2-bedroom
units (i.e., units number 16 and 20) were revised to include a third bedroom. In
addition, a small office space was added adjacent to unit number 20 to accommodate
the marketing and sale of the project's fractional ownership units. Following the sale
of the units, the Applicant proposes to convert the office space to a studio unit which
will also be sold pursuant to the project's fractional ownership plan. While no change
in the number of lock-off bedrooms within the 3-bedroom units is proposed, the future
addition of the studio unit will increase the number of Club units from six to seven,
and the Club units' key count from twelve to thirteen. The original layout of the six
Club units and the proposed revisions thereto are depicted on the attached floor plans
(see Exhibits 11 and 12, respectively).
Review Requirements
The proposed revisions will require an amendment to the Aspen Club Living project's
PUD approval to memorialize the increase in the number of Club units and their
associated bedrooms. An SPA amendment will also be required to allow for the
future conversion of the sales office to a fractional ownership unit. A lodge GMQS
allotment will be required to accommodate the increase in the Club units' pillow
count.
A. Insubstantial PUD/SPA Amendment
Pursuant to Sections 26.445.100.A. and 26.440.090.A. of the Regulations, the
Community Development Director may approve an insubstantial amendment to a final
PUD/SPA development plan subject to certain requirements. The specific require-
ments, which are the same in both Sections of the Regulations, and the proposed
amendment's compliance therewith, are summarized below.
Ms. Jessica Garrow
August 15, 2012
Page 3
1. The proposed amendment does not change the use or
character of the development.
development. The proposed amendment does not change the use or character of the
2. The proposed amendment does not increase overall coverage
of structures on the land by greater than three (3) percent.
The proposed amendment does not increase the overall coverage of
structures on the land.
3. The proposed amendment does not substantially increase trip
generation rates or the demand for public facilities.
The proposed amendment does not increase trip generation rates or the
demand for public facilities.
4. The proposed amendment does not reduce the approved open
space by greater than three (3) percent.
The proposed amendment does not reduce the Aspen Club Living
project's approved open space.
5. The proposed amendment does not reduce the approved off-
street parking and loading space by greater than one (1) percent.
The proposed amendment does not reduce the Aspen Club Living
project's approved parking or loading space.
6. The proposed amendment does not reduce the required
pavement widths or rights-of-way for streets and easements.
proposed. No reductions in required pavement widths or street rights-of-way are
7. The proposed amendment does not increase the approved
gross leasable floor area of commercial buildings by greater than two (2) percent.
The proposed amendment does not increase the Aspen Club Living
project's approved net leasable commercial area.
Ms. Jessica Garrow
August 15, 2012
Page 4
8. The proposed amendment does not increase the approved
residential density of the development by greater than one (1) percent.
This requirement is not applicable as the Aspen Club Living project
does not contain a residential component.
9. The proposed amendment does not involve changes which are
inconsistent with a condition or representation of the project's original approval
or which requires-granting a variation from the project's approved use or
dimensional requirements.
The proposed amendment does not involve changes that are inconsistent
with the Aspen Club Living project's original approval conditions.
B. Lodge GMQS Allotment
Pursuant to Section 26.470.080.3. of the Regulations, the development of new
lodge units is subject to P&Z approval. The reconfiguration of Club units number 16
and 20 as three bedroom units, and the conversion of the sales office to a studio
fractional ownership unit, will require the receipt of a GMQS allotment for six
additional lodge pillows as Section 26.470.020.B. states that each lodge bedroom
equates to two lodge pillows.
3 New Lodge Bedrooms x 2 Pillows/Bedroom = 6 Lodge Pillows
The proposed reconfiguration will also trigger an additional affordable housing
requirement. Pursuant to Section 26.470.080.3.b), the development of lodge units in
projects containing less than one unit per five hundred square feet of lot area must
provide affordable housing mitigation for 60 percent of the employees generated by
the additional lodge units. As the density of the Aspen Club Living project's fraction-
al ownership units is less than one unit per five hundred square feet, an additional 0.9
employees must be mitigated based on the requirements of Section 26.470.100.A.1.
3 New-Bedrooms x 0.5 Employees/Bedroom = 1.5 Employees
1.5 Employees x 60 Percent = 0.9 Employees
As approved, the Aspen Club Living project's affordable housing mitigation
requirement was 18.6 employees. Twelve on-site affordable housing units were
proposed which were credited with housing twenty-seven employees, or approximately
87 percent of the employees generated by the project's fractional ownership compo-
nent. As the approved mitigation substantially exceeds the Regulations' 60 percent
minimum requirement, no additional affordable housing mitigation need be provided
Ms. Jessica Garrow
August 15, 2012
Page 5
to accommodate the proposed reconfiguration of the two, 2-bedroom units and the
conversion of the sale office to a studio unit.
Pursuant to Section 26.470.110.C.2., applications for a GMQS allotment must
receive a minimum threshold score in each of the Regulations' community objective
scoring criteria. The applicable scoring criteria are contained in Sections 26.470.120.
A. and B., and are addressed below.
1. Workforce Housing
One point is assigned for each one percent by which a project exceeds
the Regulations' minimum affordable housing requirement. As 0.9 additional employ-
ees are generated by the proposed addition of three new lodge bedrooms, a total of
19.5 employees are required to be housed. - - - -
18.6 Employees + 0.9 Employees = 19.5 Employees
The Aspen Club Living project will house a total of 27 employees, which exceeds the
minimum requirement by 7.5 employees, or approximately 38 percent.
27 Employees - 19.5 Employees = 7.5 Employees
7.5 Employees _ 19.5 Employees = 0.38
As a result, the project is entitled to a score of 38 points as a result of the number of
employees housed.
One point is also assigned for each one percent by which the proposed
affordable housing units exceed the minimum net livable area requirements of the
Aspen/Pitkin County Housing Authority's ("APCHA") guidelines. Pursuant to
Section 12, Affordable Housing, of Ordinance No. 2, three of the project's twelve, 2-
bedroom units are required to be deed restricted to APCHA's Category 2 guidelines.
Five of the remaining nine units are-to be deed restricted to Category 3 while the four
remaining units are to be deed restricted to Category 4. The Category 2 units are
required to contain a minimum of 850 square feet of net livable area while the
Category 3 and 4 units must contain a minimum of 950 square feet. These square
footages represent APCHA's minimum requirement for 2-bedroom Category 2, 3 and
4 affordable housing units.
As the following table indicates, the project's three Category 2 units
will contain an average of approximately 902 square feet of net livable area per unit.
This figure exceeds the minimum requirement of 850 square feet by 52 square feet or
six percent. The remaining nine Category 3 and 4 units will contain an average of
Ms. Jessica Garrow
August 15, 2012
Page 6
approximately 976 square feet per unit, which exceeds the minimum requirement of
950 square feet by 26 square feet or three percent. As a result, the project is entitled
to a score of nine points for the size of the affordable housing units. The total
number of points to which the project is entitled in the Workforce Housing scoring
category, therefore, is 47 points (i.e., 38 points + 9 points).
Table 1
Affordable Housing Units/Net Livable Area
Unit Number Net Livable Area'
1. Category 2 4 858
8 924
12 924
Total 2,706
2,706 Sq. Ft. _ 3 = 902 Sq. Ft.
902 Sq. Ft. - 850 Sq. Ft. = 52 Sq. Ft.
52 Sq. Ft. - 850 Sq. Ft. = 0.06 or
6 Percent
2. Categories 3 and 4 1 960
2 961
3 961
5 991
6 973
7 973
9 1,025
10 973
11 973
Total 8,790
8,790 Sq. Ft. _ 9 = 976 Sq. Ft.
976 Sq. Ft. - 950 Sq. Ft. = 26 Sq. Ft.
Ms. Jessica Garrow
August 15, 2012
Page 7
26 Sq. Ft. _ 950 Sq. Ft. = 0.03 or
3 Percent
` Net livable square footage measured pursuant to Section 26.575.020.J.
2. Energy Conservation
Scoring for energy conservation is based on an applicant's commitment
to obtaining a specific LEED certification level from the US Green Building Council.
While Aspen Club Living's PUD/SPA approval does not require that the project
obtain LEED certification, the Applicant has committed to significant energy conser-
vation measures. Section 22, Energy Conservation, of Ordinance No. 2 requires that
the project not exceed the established "Baseline Average" energy consumption of the
existing Aspen Club & Spa. In other words, the average annual energy consumption
of all uses (i.e., the Club, the fractional ownership units, and the affordable housing
units) will not exceed the Baseline Average for the existing Club. This commitment
substantially exceeds the minimum requirement that the project comply with the City's
energy conservation regulations.
C. General GMQS Requirements
In addition to the above minimum scoring criteria, all applications for a GMQS
allotment must comply with certain general requirements. The requirements, which
are contained in Section 26.470.050.B. of the Regulations, and the proposed amend-
ment's compliance therewith, are summarized below.
1. Sufficient growth management allotments are available to
accommodate the proposed development.
Sufficient lodge GMQS allotments are believed to be available to
accommodate the proposed amendment.
2. The proposed development is compatible with land uses in
the surrounding area, as well as with any adopted regulatory master plan.
Compliance with this requirement was determined in connection with
the Aspen Club Living project's PUD/SPA approval. The Applicant's proposed
amendment is consistent with the project's approved uses.
3. The development conforms to the requirements and limita-
tions of the zone district.
Ms. Jessica Garrow
August 15, 2012
Page 8
The Aspen Club Living project's land uses and dimensional require-
ments were established in connection with the receipt of PUD/SPA approval. The
proposed amendment will result in no significant changes thereto.
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.
The Aspen Club Living project has received both final Commercial
Design Review and PUD approval.
5. Unless otherwise specified, sixty (60) percent of the employ-
ees generated by the additional commercial or lodge development, according to
Section 26.470.100.A., Employee Generation Rates, are mitigated through the
provision of affordable housing. The employee generation mitigation plan shall
be approved pursuant to Section 26.470.070.4., Affordable Housing, at a Catego-
ry 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.
As approved, the Aspen Club Living project committed to the provision
of affordable housing for approximately 87 percent of the employees generated by its
fractional ownership component. As discussed previously, the proposed addition of
three bedrooms to the project's Club units will result in an additional mitigation
requirement of 0.9 employees. The approved mitigation, however, will continue to
substantially exceed the Regulations' 60 percent minimum requirement. No additional
affordable housing mitigation, therefore, is required.
6. Affordable housing Net Livable Area, for which the finished
floor level is at or above Natural or Finished Grade, whichever is higher, shall be
provided in an amount equal to at least thirty (30) percent 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.
This requirement is not applicable as the Aspen Club Living project
does not include free-market residential units.
7. The project represents minimal additional demand on public
infrastructure or such additional demand is mitigated through an improvement
proposed as part of the project. Public infrastructure includes, but is not limited
to, water supply, sewage treatment, energy and communication utilities, drainage
Ms. Jessica Garrow
August 15, 2012
Page 9
control, fire and police protection, solid waste disposal, parking, and road and
transit services.
The proposed amendment represents minimal additional demand on
public infrastructure. Significant improvements to the area's infrastructure will be
undertaken by the Applicant in connection with the development of the project.
D. Miscellaneous
With respect to Section 26.470.070.4., Affordable Housing, the P&Z has
previously determined that the Aspen Club Living project's affordable housing
mitigation units comply with all applicable APCHA requirements. As no revisions to
the number and type of affordable housing units to be provided is proposed, further
review pursuant to this Section of the Regulations is not believed to be required.
Should you have any questions, or require additional information, please do not
hesitate to call.
Yours truly,
VANN ASSOCIA S, LLC
Su ann
SV:cwv
Attachments
d:\oldc\bus\city.app\app51807.gmp
EEXHIBIT
CITY'UF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Jessica Garrow, 429-2780
PROJECT: Aspen Club and Spa Timeshare: DATE: July 27, 2012
GMQS Review, Insubstantial PUD and SPA Amendment
REPRESENTATIVE: Sunny Vann
Vann Associates, 925.6958
DESCRIPTION:
The Applicant is interested in amending the PUD and SPA to increase the number of lodge pillows in the p ro'e
project was approved for 20 lodge units: 14 townhome units" and 6 "club units." As the applicant has prepared for
The
p p ed
construction, some reconfiguration of internal space in the Club has been explored, which would enable the addition
lodge pillows in the Club Units. The Club Units were approved as four 3-bedroom units and two 2-bedroom uni of
applicant is interesting is adding one bedroom to each of the approved 2-bedroom units. This would result in an increase o f
4 lodge pillows. a of
In addition, the applicant is interested in allowing for a future change in space for the portion of the Aspen Club that
will
he
used as sales office for the timeshare units. The applicant is interested in converting this space to a new studio unit when
the timeshare units are sold and the office space is no longer needed. n
The request results in a need for a total of 6 new lodge pillows, a PUD Amendment to memorialize the pillow count change,
and an SPA Amendment to allow for the conversion of commercial/office space to timeshare lodge. The PUD and SPA
amendments are insubstantial in nature. The lodge pillows require a Major Growth Management Review with the Planning
and Zoning Commission. These applications can only be made twice a year—on February 15th or August 15m— and are
subject to growth management scoring.
The applicant will also need to provide affordable housing mitigation for the increase in lodge pillows. The applicant
provided more mitigation than was required as part of the initial review, and can request that the mitigation provided be
used for this incremental increase in FTEs. This is at the option of P&Z following a recommendation from APCHA.
No exterior changes are proposed, so the project does not require Commercial Design Review.
Relevant Land Use Code Section(s): 26.304 Common 26.440.090-A ns bst nttiial SPA Amedm Review
26.445.100.A Insubstantial PUD Amendment
26.470.050 GMQS—General Requirements
26.470.070.4 GMQS—Affordable Housing
26.470.080.3 GMQS—Lodging Development
26.470.120 GMQS—Community Objective Scoring
Review by:
• Staff for complete application
• APCHA for affordable housing referral
• Planning and Zoning Commission for Growth Management Review
• Planning staff for Insubstantial PUD and SPA Amendments
Public Hearing: Yes, at P&Z
Planning Fees: $4,410. This includes fourteen (14) hours of staff review time. Additional time over f
hours will be billed at$315 per hour. fourteen (14)
Referral Fees: $945, APCHA Referral
Total Deposit: $5,355
Total Number of Application Copies: 13 Co ies,
(HPC = 12; PZ= 10; CC =7; Referral Agencies= 1/ea.; Planning Staff=2)
To apply, submit the following information:
❑ Proof of ownership with payment.
❑ Signed fee agreement.
❑ Applicant's name, address and telephone number in a letter signed by the applicant which states the name
El address and telephone number of the representative authorized to act on behalf of the applicant.
Street address and legal description of the parcel on which development is proposed to occur, consisting of a
current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listin
the names of all owners of the property, and all mortgages,judgments, liens, easements, contracts and g
agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application.
❑ Total deposit for review of the application.
❑ 13 Copies of the complete application packet and maps.
❑ An 8 112"by 11"vicinity map locating the parcel within the City of Aspen.
❑ Site improvement survey including topography and vegetation showing the current status, including all easemen ts
and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado.
(This requirement, or any part thereof, may be waived by the Community Development Department if the project is
determined not to warrant a survey document.) P 1
❑ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed
development complies with the review standards relevant to the development application. Please include existin
conditions as well as proposed. List of adjacent property owners within 300'for public hearing g
❑ Copies of prior approvals.
❑ Applications shall be provided in paper format(number of copies noted above) as well as the text only on either of
the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is
preferred. Text format easily convertible to Word is acceptable.
❑ Applicants are advised that building plans will be required to meet the International Building Code as adopted b
the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application y
submittal addresses these building-related and accessibility regulations. You may contact the Building Department
at 920-5090 for additional information.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning,
which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary
does not create a legal or vested right.
EXHIBIT
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: March 20,2009 at 8:00 AM Case No. PCT19050L4
2. Policy or Policies to be issued:
(a)ALTA Owner's Policy-(6/17/06) Amount$0.00
Premium$0.00
Proposed Insured: Rate:
PROFORMA
(b)ALTA Loan Policy-(6/17/06) Amount$0.00
Premium$0.00
Proposed Insured: Rate:
(c)ALTA Loan Policy-(6/17/06) Amount$
Premium$
Proposed Insured: Rate:
3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the
effective date hereof vested in:
ASPEN CLUB&SPA LLC,A COLORADO LIMITED and LIABILITY COMPANY
c_ The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is
described as follows:
See Attached Exhibit"A"
=t 1 KIN COUNTY TITLE,INC. Schedule A-PGA
-01 E.HOPKINS,ASPEN,CO.81611 This Commitment is invalid
70-925-1766 Phone/970-925-6527 Fax unless the Insuring
277-217-3158 Toll Free Provisions and Schedules
A and B are attached.
�Ji HORIZED AGENT
Countersigned:
kl
EXHIBIT
August 1, 2012
Ms. Jessica Garrow
Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Permission to Represent
Dear Ms. Garrow:
Please consider this letter authorization for Sunny Vann of Vann Associates, LLC,
Planning Consultants, to represent us in the processing of our application for a lodge
GMQS allotment and an insubstantial PUD/SPA amendment for the Aspen Club Living
project. Mr. Vann is hereby authorized to act on our behalf with respect to all matters
reasonably pertaining to the aforementioned application.
Should you have any questions, or if we can be of any further assistance, please do not
hesitate to call.
Yours truly,
ASPEN CLUB & SPA, LLC
Michael D. Fox, Manager
c:\oldc\bus\city.Itr\1tr51807 Jg4
EXHIBIT
a
9
APPLICANT: LAND USE APPLICATION
Name:
Location:
(Indicate street address, lot& block number, le gal descri ton where appropriate)
REPRESENTATIVE:
Name: `�,�Y /,r,/
Address:
Z/
Phone#: ZS- e,
PROJECT: i
F me:dress:ne
TYPE OF APPLICATION: (please check all that apply):
FConditional Use ❑ . Conceptual PUD
Special Review Final PUD(& PUD Amendment) ❑ Conceptual Historic Devt.
Design Review Appeal ❑ Final Historic Development
❑ Conceptual SPA
GMQS Allotment Subdivision ❑ Minor Historic Devt.
� Final SPA(& SPA Amendment)
❑ GMQS Exemption ❑ Historic Demolition
❑
❑ ESA—8040 Greenline, Stream ❑ Historic Designation
❑ Subdivision Exemption(includes
Margin, Hallam Lake Bluff, ❑ Small Lodge Conversion/
Mountain View Plane condominiumization)
Expansion
❑ Lot Split ❑ Temporary Use
❑ Lot Line Adjustment El Other:
❑ Text/Ma Amendment
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals,etc.)
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
Have you attached the following?
Pre-Application Conference Summary FEES DUE: $ ?j
(�,Attachment#l, Signed Fee Agreement
2"[Response to Attachment#3, Dimensional Requirements Form
Response to Attachment#4, Submittal Requirements- Including Written Responses to Review Standards
EXHIBIT
ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project: �'`,��� CALL-�/3 �-✓l//
Applicant:
Location: Sp �.fc
Zone District: 5
Lot Size:
Lot Area:
(for the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable: Existin g_
Number of residential units: Existing.• Proposed.
Number of bedrooms: -------Proposed:
Existing.•____ _proposed
Proposed% of demolition (Historic properties only):_
DIMENSIONS:
Floor Area: Existin
g_________Allowable: proposed.
Principal bldg. height: Existing:___,______Allowable:
_,__, Proposed:
Access. bldg. height: Existing:_________Allowable:
oposed•
On-Site parking: Existing Required: Pro osed:
% Site coverage: Existing:—
g' Required: Proposed:
% Open Space: Existing: uire
Re d:
q Proposed.-
Front Setback: Existing:___________Required: Pro P osed
Rear Setback: Existing: Required Proposed.
Combined F/R: Existing: Required: Proposed.-
Side Setback: Existing:_____,____Required: Proposed.-
Side Setback: Existing: Required.- Pro osed
Combined Sides: Existin P
g Required.• Proposed.
Distance Between Existing
Required.
Buildings Proposed:
Existing non-conformities or encroachments: O
Variations requested: . -4.
EXHIBIT
Agreement to Pay Application Fees
E t between the Ci of Aspen "Ci and
ty
y Phone No.:
Email:of y: Billing f Address:
) (send bills here)
I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications
and the payment of these fees is a condition precedent to determining application completeness. I understand
that as the property owner that I am responsible for paying all fees for this development application. p s
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these
flat fees are non-refundable.
$945 flat fee for APCHA (Housing) 0
0
flat fee for Select Dept
flat fee for Select Dept 0 Select Review
$—__flat fee for
For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed
project, it is not possible at this time to know the full extent or total costs involved in processing the application. I
understand that additional costs over and above the deposit may accrue. I understand and agree that it is
impracticable for City staff to complete processing, review, and presentation of sufficient information to enable
legally required findings to be made for project consideration, unless invoices are paid in full.
The City and I understand and agree that invoices mailed by the City to the above listed billing address and not
returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30
days of presentation of an invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment.
I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment
p
of a deposit does not render an application complete or compliant with a y
exceed the initial deposit, I agree to pay additional monthly billings to the City rto reimburse the corded
for costs
processing of my application at the hourly rates hereinafter stated.
$ 4,410
deposit for 14 hours of Community Development Department staff time. Additional tim e
above the deposit amount will be billed at$315 per hour.
$ for hours of Engineering Department staff time. Additional time above the deposit
amount will be billed at$265 per hour.
City of Aspen:
Property Owner:
Chris Bendon C� �` G!�
Community Development Director –
Name:
City use: 5355 Title:
Fees Due:$__Received: $
We
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1 i
MORRIS CLIFTON H JR&SHERIDAN C
1409 INDIAN CREEK 4 ASPEN INVESTMENTS LLC
WESTOVER HILLS,TX 76107 34 W DILIDO DR MUNVES ANDREW
MIAMI, FL 33139 PO BOX 24
ASPEN, CO 81612
NATHANSON FAMILY TRUST NOVAK JEFFERY T&KATHERINE PIKE
101 OCEAN AVE#C-600 OTTE WILSON MICHAEL
SANTA MONICA, CA 90402 1463 LITE AVE
ASPEN, CO 81611 1280 LITE AVE#16
ASPEN,CO 81611
PANTHERALLP
140 FOUNTAIN PKY STE 420 POGLIANO GINA POLGRAVE INVESTMENTS LTD
ST PETERSBURG, FL 33716 1467 LITE AVE PAAST
ASPEN,CO 81611 2121 PONCE DE LEON BLVD, STE 650
CORAL GABLES, FL 33134
POWDER HOUSE CONDO ASSOC
1280 LITE AVE#16 PUBLIC COUNSEL OF THE ROCKIES
1280 UTE AVE STE 4 RABINOW RICHARD A&KATHRYN L E
ASPEN, CO 81611
ASPEN, CO 81611 3711 SAN FELIPE #12-1
HOUSTON,TX 77027
RC ASPEN TRUST
222 N LASALLE ST#800 REESE JOHN W
CHICAGO, IL E ST 257 EASTWOOD DR ROESER ELLEN QPRT
ASPEN, CO 81611 1900 HIGHLAND PARK CIR
FORT WORTH,TX 76107
SALVADORE TERESA
ARMSTRONG BERNARD&TATIANA SEBASTIAN SEAN D S&AMY P S
1122 COUNTY RD 106 321 GRANT ST SHARPE HOLDINGS LP
CARBONDALE,CO 81623 SEWICKLEY, PA 15143 10490 WILSHIRE BLVD#1603
LOS ANGELES, CA 90024
SHELDON ROBERT&BARBARA
11 BROOKSIDE DR PA RUTH L
1120 SMITH BRADLEY&DOLECKI SMITH
WESTPORT,CT 06880 1120 PARK AVE JENNIFER
NEW YORK, NY 10128 1455 UTE AVE
ASPEN,CO 81611
STILLWATER RANCH OPEN SPACE
ASSOC UHALT HUGH C
PO BOX 11597 634 CARONDELET ST VALLEY GROUP LLC
ASPEN, CO 81612 NEW ORLEANS, LA 70130-3504 3001 ORO RD
BRENTTWOOWOOD,TN 37027
WAYNE WILLIAM&MARSHA TRUSTEES WILSON MIA&STEVEN
1483 BONNYMEDE DR WILSON THOMAS H
SANTA BARBARA, CA 93108 1465 S LITE AVE 645 E BLITHEDA AVE
ASPEN, CO 816112813 MILL VALLEY, CA 94941
WISE HUGH D III
)252 HEATHER LN WISE MARY
ASPEN, CO 81611 1280 LITE AVE
ASPEN, CO 81611
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10TH MTN DIVISION HUT ASSOC INC 1
1280 UTE AVE 1280 UTE LLC ALPHA FAMILY TRUST
ASPEN, CO 81611 1280 UTE AVE#16 C/O SABAN CAPITAL GROUP INC
ASPEN, CO 81611 10100 SANTA MONICA BLVD#2600
LOS ANGELES, CA 90067
ASPEN CLUB BASS EDWARD P
1450 CRYSTAL LAKE RD C/O DORSEY CROUSE BEHRHORST DAVID G
ASPEN, CO 81611 201 MAIN ST#2700 1280 LITE AVE STE 32
FORT WORTH, TX 76102 ASPEN, CO 81611
BURGESS JOHN K&ELIZABETH CITY OF ASPEN
25 CHESHAM ST ATTN FINANCE DEPT CLINE LEONARD J
LONDON UK SWX 8NQ, 130 S GALENA ST 634 CARONDELET ST
ASPEN, CO 81611 NEW ORLEANS, LA 70130-3504
COLEN TRUST COTE RICHARD
25 ORINDA WY#300 1280 LITE RICENTI-MUNVES PALMIRA
ORINDA, CA 94563 TE AVE
ASPEN, CO 81611 PO BOX 24
ASPEN, CO 81612
FALLIN RICHARD ALDEN
PO BOX 6819 EARNER JOAN LIVING TRUST
617 FRANKLIN PL#200 FRETZ BRUCE R& BARBARA B
SNOWMASS VILLAGE, CO 81615-6819 PELLA, IA 50219 1432 CRYSTAL LAKE RD#26
ASPEN, CO 81611-2250
GIBBON DYLAN J
1280 LITE AVE GOODMAN HERBERT I & MARY K
GOODMAN LEONARD C
5710 TECUMSEH CIR
ASPEN, CO 81611 HOUSTON,TX 770571317 222 N LASALLE ST#800
CHICAGO, IL 60601
GORDON JOHN CHARLES
PO BOX 69 HAHN TRUST HALCYON ASPEN LLC
TWIN LAKES, CO 81251-0069 1650 FARNAM ST C/O SMITHFIELD FOODS
OMAHA, NE 68102 200 COMMERCE ST
SMITHFIELD, VA 23430
HART H RODES&PATRICIA I
3001 HILLSBORO RD HEAD FREDERICK F HOFFMAN EVELINE REV TRUST
BRENTWOOD, TN 37027 1451 LITE AVE HOF
ASPEN, CO 81611 CRYSTAL LAKE RD
ASPEN,CO 81611
HUNT SUSAN M& HELEN M JONES WARREN D& KATHLEEN K
15700 S PARK BLVD LUTTRELL MARTHA
SHAKER HEIGHTS, OH 44120-1670 2105 LEE SHORE PL C/O FRANCIS& FREEDMAN
WILMINGTON, NC 28405 501 S BEVERLY DR 3RD FL
BEVERLY HILLS, CA 90212
1ANAGING SPACES LLC
'O BOX 4362 MCCLAIN PETER K
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EXHIBIT
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1 OF 71, R $361.00 D
ORDINANCE
ORDINANCE N0. 2, Janice K. Vos Caudill, Pitkin County, CO
(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
all application from Aspen Club and Spa, LLC, represented by Sunny Vann of Vann Associates,
LLC requesting approval of conceptual commercial design review, conceptual approval for a
Specially Planned Area (SPA), Planned Unit Development (PUD), and Timeshare, to develop a
sub-grade garage, nineteen (19) timeshare units and twelve (12) affordable housing units, and to
redesign existing commercial spaces; and,
WHEREAS, upon initial review of the application and the applicable code standards, the
Community Development Department recommended the Applicant amend the proposal to better
comply with the requirements of a Specially Planned Area (SPA), a Planned Unit Development
(PUD), Conceptual Timeshare, and the Commercial Design Standards; and,
WHEREAS, in order to address the concerns raised by the Community Development
Department, the Applicant amended the application to include twenty (20) timeshare units and
amended the site plan for the May 6, 2008 Planning and Zoning hearing; and,
WHEREAS, during a duly noticed public hearing on May 6, 2008, continued from
February 5, 2008, February 19, 2008, March 4, 2008, March 18, 2008, and April 1, 2008, the
Planning and Zoning Commission approved Resolution No. 9, Series of 2008, by a Four to One(4—
1) vote, approving Conceptual Commercial Design Review, and recommending the Aspen City
Council approve a Conceptual PUD, Conceptual SPA, Conceptual Timeshare; and,
WHEREAS, during a duly noticed public hearing on July 14, 2008, the City Council
approved Resolution No. 65, Series of 2008, by a Four to One (4 —1) vote, approving Conceptual
PUD, Conceptual SPA,Conceptual Timeshare; and,
WHEREAS, on May 4, 2009, the Community Development Department received an
application from Aspen Club and Spa, LLC, represented by Sunny Vann of Vann Associates,
LLC requesting approval of final Specially Planned Area (SPA), final Planned Unit
Development (PUD), final Timeshare, Stream Margin, Affordable Housing Growth Management
Allotments, Multi-Year Growth Management Lodge Allotments, Rezoning, and Subdivision, to
Ordinance No 2,Series Aspen Club PUD/SPA/Timeshare/Growth M agemendSubd vision
Page 1 of 20
develop a sub-grade garage, twenty (20) timeshare units and twelve (12) affordable housing
units, and to redesign existing commercial spaces; and,
( )
WHEREAS, during a duly noticed public hearing on October 20, 2009
September 29, 2009, and to October 6, 2009, the Planning
Resolution No. 15, Series of 2009, by a four to two 4 d continued from
g Zoning Commission approved
and twelve (12) Affordable Housing Growth ManagememtAllotmevtng and ram Margin Review
Aspen City Council approve a Final PUD, Final SPA,Final Timeshare, Rezoning,
twenty-four(124) Multi-Year Lodge Growth Management Allotments 11 recommended the
and 12 Allotments from 2010), and Subdivision; and, one-hundred and
( 2 Allotments from 2009
WHEREAS, in response to concerns by the Planning and Zoning Commission
Community Development Department the Applicant provided a letter dated
indicating that there is an "inextricable connection between the continued operation ton and the
Club & Spa facility and the proposed Aspen Club Living Condominiums,, 16, 2Q09
and that "the Club Owner will not have the ability to shut hefa ti the Aspen
substantially change the use of the Club a then g domini the Club fractional units)
the City of Aspen and, e a minimum, the Building down the Club operation al to
g without the express consent and approval of
Association on behalf of the Fractional Owners,"and;
WHEREAS, pursuant to Section 26.310, the City Council may approve a
during a duly noticed public hearing after considering a recommendation from
Zoning Commission made at a duly noticed public hearing co mments from the general public, a
p Rezoning,
recommendation from the Com mun ,
Director,Development Di the Planning and
relevant referral agencies; and, , and recommendations from
WHEREAS, pursuant to Section 26.440
during a duly noticed public hearing after considering a recommendation from
, the City Council may approve a Final SPA,
Zoning Commission made at a duly noticed public hearing, comments from the
recommendation from the Community Development Directo m the Planning and
relevant referral agencies; and, general public, a
r, and recommendations from
WHEREAS, pursuant to Section 26.445, the City Council may a
during a duly noticed public hearing after considering a recommendation from the
Zoning Commission made at a duly noticed public hearing, comments y pprove a Final PUD,
recommendation from the Community Development Director, and recommendations and
relevant referral agencies; and, from the general public, a
commendations from
WHEREAS, pursuant to Section 26.470, the City Council ma a
Growth Management Allotments, during a duly noticed public hearing after co
recommendation from the Planning and Zoning Commission made y approve Multi-Year
hearing, comments from the general public, a recommendation considering a
Development Director, and recommendations from relevant referral agencies; and,
d WHEREAS, pursuant to Section 26.480, the City Council may approve
uring a duly noticed public hearing after considering a recommendati n a from th a Subdivision,
Z oning Commission made at a duly noticed public hearing, comments from the Planning and
general public, a
No 2,Series 20 1
Aspen Club'UD/'PA/T'meshare/Growth Ordinance
t/Subdiv scion
Page 2 of 20
recommendation from the Community Development Director, and recommendations relevant referral agencies; and,
from
- WIIEREAS, pursuant to Section 26.590, the City Council may a
Planning and Zoning Commission made at_a duly noticed public hearing, Y approve a Final
Timeshare, during a duly noticed public he
g after considering a recommendation from the
general- public, a recommendation from the Community
recommendations from relevant referral agencies; arid, comments from the
Development Director, and
WHEREAS, during a duly noticed public hearing on February 8 201
2010, March 8, 2010, March 31, 2010, May
2010, the City Council approved Ordinance No 02 2010 and May 24, 2010 continued e onJune21,
approving Final SPA, Final PUD, Final Timeshare,S124 MultOYear Growth tO one (3 — 1) vote
Aliotments,Rezoning, and Subdivision; and,
Management Lodge
WHEREAS, the Aspen City Council has reviewed and considered
Proposal under the applicable provisions of the Municipal Code n identified he
and considered the recommendation of the Planning the development
Development Director, the a herein, has reviewed
pplicable referral agencies damning Commission, the Community
comment at a public hearing;and, has taken and considered
public
WHEREAS, the City Council finds that the development meets or exceeds
Planned Area Standards of Designation as outlined in Land Use Code sec
the Specially
WHEREAS, the City on 26.440.030(A); and
ty Council finds that the development proposal meets or exceeds all
applicable development standards and that the approval of the development conditions, is consistent with the goals and elements of the Aspen Area Community proposal, with
WHEREAS, the City ntty Plan' and'
promotion of public health,safety, finds that this Ordinance furthers and is necessary ty, and welfare. nary for the
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNC IL OF THE CITY OF
ASPEN AS FOLLOWS;
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen
City Council hereby approves a Final Specially Planned Municipal Code, the
Development (PUD), Final Timeshare, Rezoning, one-hundred eand t�,e
Year Lodge Growth Management Allotments [one-hundred )' Final Planned Unit
Growth Management Year and twelve (12) from the 2010 Growth my-four (124) Multi-
Subdivision, subject to the following conditions. ed and twelve (112) from the 2009
wth Management Year), and
Section 2: Subdivision/PUD/SPA Plat and A reement
The Applicant shall record a Subdivision/PUD/SPA agreement (herein after «
meets the requirements of Land Use Code within 180 days of approval. The that
commence upon the granting of Final Commercial Design Review approval 180 days shall
PProval by the Planning and
Ordinance No 2t Series 201
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdiv scion
Page 3 of 20
Zoning Commission. Additionally, a final PUD/SPA/Subdivision Plat shat
Pitkin County Clerk and Recorder's Office within 180 days of the final
Approval and shall include the following: 1 be recorded in the
Commercial Design
a. A final plat meeting the requirements of the City Engineer and showi
encroachment agreements and licenses
improvements, and location of utility (with reception n ng easements,
b• An illustrative site plan of the projects howinls the P numbers) for physical
dimensional requirements as approved. g Proposed improvements
c. A detailed landscaping plan. Parking, and
d- A drawing representing the project's architectural character,, including building
e. A final grading and drainage plan meeting all requirements of the City E
Applicant shall receive Engineering Department approval for their drainage nguteer. he
Engineering Department sign-off on the Final Plat.
f A final utility and public facilities plan. plan Prior to
9. A trail easement for the trail to be dedicated to the public (crossing the ro
existing"Aspen Club Trail"through the site to Ute Avenue). P PeTty from the
The final plat shall re-number the subdivided lots that were presented i
referred to herein, as follows:
Lot I shall be Lot 15-A n the application, and
Lot 2 shall be Lot-15-13
Lot 3 shall be Lot 15-C
Lot 4 shall be Lot 15-D
Lot 5 shall be Lot 15-E
The Applicant shall condominiumize the timeshare units after substantial
project. The condominium plats) shall be reviewed administrative)
require recordation of a condominium plat prior to issuance of a Certifi completion of the
Y• The Agreement shall
Section 3: Timeshare Documents sate of Occupancy.
The Applicant shall record a Timeshare Disclosure Statement and Development
concurrently with the Condominium Plat and Declaration. The documents shall meet all
requirements outlined in section 26.590.090 of the Land Use Code. Instruments
Section 4: Dimensional Re uirements
The approved dimensional requirements are based off the following standardizati
setbacks are the south side of the lots, all the rear Yard setbacks are on the north side
all side yard setbacks are the east and west sides of the lots. on all front yard
of the lots, and
Aspen Club PUD/SPA/Timeshare/Growth
Ordinance No 2,Series 1
M agement/Subd v s0ion
Page 4 of 20
RR
Dimensional Proposed Dimensional Requirements for subdivided lots
Re uirement
Lot 1: 161,251 sq. ft.
Minimum Lot Lot 2: N/A
Size Lot 3: 14,328 sq. ft.
Lot 4: 25,851 sq. ft.
Minimum Lot Lot 5: 11,332 sq. ft.
Area per N/A
dwellin unit
Minimum Lot
Width As recorded on the Final Plat
Lot 1: 30 feet above grade, 5 feet below grade
Minimum Lot 2: N/A
Front Yard Lot 3: 10 feet
Setback Lot 4: 0 feet
Lot 5: 7.5 feet
Lot 1: 0 feet above and below grade
Minimum Side Lot 2: N/A
Yard Setback Lot 3: 10 feet
(East Side) Lot 4: 20 feet
Lot 5: 5 feet
Lot 1: 60 feet above grade for building, 20 feet above grade
Minimum Side for garage access stair, 5 feet below grade
Yard Setback Lot 2: N/A
(West Side) Lot 3: 20 feet
Lot 4: 5 feet
Lot 5: 0 feet
Lot 1: 100 feet(15 feet from Top of Slope)
Minimum Rear Lot 2: N/A
Yard Setback Lot 3: 10 feet
Lot 4: 10 feet
Lot 5: 10 feet
Townhouse Units(Lots 3 &4)
Pitched Roofs (Units 1, 7, 14): 28 feet
Flat Roofs(Units 2-5, 8-13): 28 feet
Club Units(Lot 2): 28 feet
Maximum Affordable Housing Units (Lot 5): 28 feet with the
Height following exceptions:
Unit 11, Northwest Corner: 32 feet
Unit 12, Northwest Corner: 41 feet
Unit 12, Southwest Corner: 31.25 feet
Aspen Club Building(Lot 1): 28 feet
Ordinance No 2, Series 20 1
Aspen Club PUD/SPA/Timeshare/Growth Manageme t/Subdiv scion
Page 5 of 20
RR
Dimensional Proposed Dimensional Requirements for subdivided lots
Re uirement
Minimum
O n S ace N/A
Total FAR: .55:1
Total: 94,750 sq. ft.
Allowable Multi-famil
Floor Area y (affordable housing units): 12,390 sq. fl.
Lodge: 50,490 sq. ft. (Townhouse Units: 34,410 sq. ft.; Club
Units: 16,080 sq. f3.)
Commercial (Club): 31,870 sq. ft.
132 spaces toial:
Minimum Off- Lodge: 20 spaces
Street Parking Aspen Club and Spa: 95 spaces (60 spaces on Lot 1; 35
spaces on Lots 14A & 14W)
AH units: 17 s aces
Section 5: Financial Assurances-Performance Bond
(a) The Applicant commits and agrees that before a Building Permit is issued for the
Aspen Club Living development approved by this Ordinance, the Applicant shall provide to the
City Building Department and the City Attorney for review and approval satisfactory evident
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 27 herein and
covered by the Building Permit, all public improvements required under the
Subdivisiori/PUD/SPA Agreement, and the Aspen Club & Spa upgrades provided for in Section
23. Such financing may include, without limitation, a construction loan from an institutional
lender or lenders and equity capital investments from the Applicant and/or third party investors.
(b) Supporting cost estimates for all improvements covered by the requested Building
Permit shall be prepared by the Applicant's General Contractor and shall be delivered to the City
Building Department for review and approval before the Building Permit is issued. y
(c) The Applicant further commits and agrees that before a Building Permit is issued
to the City Building Department and the City Attorney for review and approval a cop
for the Aspen Club Living development approved by this Ordinance, the Applicant shall provide
of a
Performance Bond issued or committed to be issued to the Applicant's General Contractor b 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 Permscribed in Section 27
it, and all public
improvements required under the Subdivision/PUD/SPA Agreement an d de
herein. The Performance Bond shall name the Applicant and the City de 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 improvements covered by the Building Permit,
Ordinance No 2,Series 20 1
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 6 of 20
Section 6: Pre-Construction Meetin
The Applicant shall conduct a pre-construction meeting with the City Community Development
Staff prior to submittal for a building permit application. This meeting shall include the general
contractor, the architect producing the construction drawings, a representative of the Building
Department, a representative of the Engineering Department, and the Community Development
Department's case planner.
Section 7: Commercial Desi n 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• BuildinP Permit Annlication
The Applicant shall meet all adopted building codes and requirements in effect at the time the
building permit is submitted. Accessible routes to an
spaces will be required. The proposed y public right-of--way and accessible parking
materials. The proposed project will be required tt clomply with all Efficient Building npbo rams
in place at time of building permit submittal. Prior to building grams
record must determine the type of construction for the existing structure and the tallowable area
for building and addition based on the type of construction and modifications.
The building permit application shall include the following:
a. A copy of the Development Order issued by the Community Development Department
(see Section 26.304.075(A)(2), City of Aspen Municipal Code.)
b. A copy of the final City Council Ordinance and P&Z Resolution.
C. A copy of the final Commercial Design Review approval
d. The conditions of approval printed on the cover page of the building permit set.
e. A means of egress plan.
f. An overall access plan for the site.
g. If the Club is intending to operate while under construction, a plan to maintain exits and
separation from construction activity will be required.
h. The TDM Plan and updated Traffic Study.
i. A detailed Lighting Plan.
j. A plan showing protection of the stream margin area and the stability of the hillside
above the trail.
Section 9: Engineerine
The Applicant's design shall be compliant with all sections of the City of Aspen Municipal
Code, Title 21 and all construction and excavation standards published by the Engineering
Department. The Applicant shall be subject to the Stormwater System Development Fee. The
final drainage plan shall meet all Engineering Department standards. The application has been
referred to the Colorado Geologic Survey for their review on the geologic hazards to the site.
This information shall be provided as part of the building permit submittal.
nance No 2,Series Aspen Club PUD/SPA/Timeshare/GrowthdManagement/Subdiv s0ion
Page 7 of 20
The construction management plan shall address construction while the Club remains open, and
shall address how all construction activities will not impact all trees that are remaining on the
site. Aspen Club Trail access or use for any construction activities is prohibited at all times; this
includes but is not limited to truck traffic, foot traffic, storage or materials.
Section 10: Ute Trail Improvements
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.I.)
starting in 2009.
Prior to both the contribution and the building permit issuance the Applicant will need to provide
the City of Aspen a Bond or Letter of Credit in the amount of $70,000. This bond will be
released once the contribution is received. If the contribution is not made as described above the
bond or letter of credit will be executed by the City of Aspen.
Section 11: Ute Ave 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 are attached to the Ordinance as Exhibit D.
The Applicant agrees to install two speed tables along Ute Avenue prior to Certificate of
Occupancy for the Timeshare Units. One at the Ute Trail crossing and the other location to be
approved by the City Engineer. The final design of the speed tables must be approved by the City
Engineer.
The Applicant shall provide a cost estimate as approved by the City Engineer and provide
financial assurances for all public improvements. The Applicant shall bear all costs associated
with the proposed improvements to Ute Avenue.
Section 12: Affordable Housing
The Applicant shall provide twelve(12) on-site affordable housing units. Three (3) units of 850
sq. ft. of net livable area shall be deed restricted to a Category 2, five (5) units of 950 sq. ft. of
net livable area shall be deed restricted to a Category 3, and four (4) units of 950 sq. ft. of net
livable area shall be deed restricted to a Category 4. The Applicant shall record a deed
restriction on each of the twelve (12) affordable housing units in conjunction with filing a
condominium plat for the property and prior to issuance of a Certificate of Occupancy (CO) on
the affordable housing units. The Certificate of Occupancy for the affordable housing units shall
be issued prior to or at the same time as the Certificate of Occupancy for the timeshare units.
The affordable housing units shall be owned and managed by the Aspen Club and Spa. More
detailed information regarding the management and maintenance of the units shall be provided to
APCHA with the proposed deed restriction prior to CO.
Ordinance No 2,Series 2010
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 8 of 20
The owner shall have the right to rent the units to qualified employees of the Club. If the owner
cannot provide a qualified tenant, the units shall be rented through APCHA's normal advertising
process. At no time shall the tenancy of the units during a lease period be tied to continued
employment by the owner. Tenant leases, however, may be terminated for cause or at the end of
the lease period upon termination of employment.
Each tenant in the rental units shall be required to be requalified by APCHA on a yearly basis.
The owner shall convey an undivided I/10th of 1% ownership interest in the lot on which the units
are situated to APCHA. The APCHA ownership interest shall be in perpetuity or until such time
as the units are converted to ownership units, or the statutory restriction on rent control units is
eliminated.
The deed restriction shall allow the units to become ownership units at such time as the owner(the
Aspen Club and Spa) elects to condominiumize and sell the units, or at such time as APCHA
determines one or more units are found to be out of compliance with APCHA Guidelines for one
year. If any of the units are found to be out of compliance for one year, or the owner elects to sell
the units, the units shall be listed for sale with APCHA at the categories specified in the deed
restriction. The sales price shall be as stated in the APCHA Guidelines in effect at the time of
recordation of the deed restriction plus appreciation calculated at three percent (3%) per annum or
the Consumer Price Index (simple appreciation not compounded), whichever is less, as of the
listing date of the units. If the units are being sold due to noncompliance, all of the units shall be
sold through the lottery system. If the owner elects to sell the units, the owner may choose 1/3`d of
the initial buyers provided they qualify under APCHA's top priority for the unit.
If the owner elects to sell the units, or they are required to be sold due to noncompliance, owner
shall condominiumize the units and form a condominium association for the management and
maintenance thereof. The affordable housing association shall be separate from the fractional
ownership unit's association.
In the event the rental units are required to become ownership units due to noncompliance,
APCHA or the City may elect to purchase them for rental to qualified tenants in accordance with
zkPCIIA 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 Mitigation
All codes adopted by the Aspen Fire Protection District at the time of building permit submittal
shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003
Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section
903 and 907).
Ordinance No 2,Series 2010
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 9 of 20
The Applicant shall provide an overall access plan for the site with the building permit submittal.
The subgrade garage shall have adequate fire access. This shall be reviewed and approved by
the Fire Marshall.
The proposed lawn pavers shall be engineered to support fire truck loads.
Fire sprinklers and alarms are required and shall be included in the project, including in all
structures.
Section 14: Public Works
The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and
with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the
Aspen Municipal Code, as required by the City of Aspen Water Department. Utility placement and
design shall meet adopted City of Aspen standards. Each of the units within the building shall have
individual water meters.
Nothing from the 1976 PUD water rights agreement may change as part of this current project.
The recorded plat shall provide adequate easements for all utility lines. This shall be reviewed
by the Engineering and Water Departments prior to recordation.
The project will demonstrate the delivery of fire flows adequate to satisfy Aspen Fire Protection
District standards for a Type IIIB Commercial Building. This may be satisfied by an analysis
acceptable to the Aspen Water Department which demonstrates system delivery capabilities of
the existing water distribution system at the Ute Avenue side of the project of 3,000 gallons per
minute.
The Applicant shall bear all costs associated with the proposed improvements to the water line
along Ute Avenue and metering connections that result from this project.
Section 15: Sanitation District Requirements
Since there is an existing Aspen Consolidated Sanitation District owned and maintained main
sanitary sewer line currently running through the proposed development, the proposed relocation
of this main ACSD sanitary sewer line must be approved by the District's consulting engineer
and board of directors prior to the district committing to serve this application. The district will
require a written verification from the Applicant that the revised sanitary sewer service for the
Silver Lining Ranch is acceptable to the current owners of the Silver Lining Ranch property.
Since it is apparent at this level of approval that the district's main sanitary sewer lines will be
modified to serve the new proposed development, a line relocation request and collection system
agreement are required. Both are ACSD Board of Director's action items. New easements will
be required for the sanitary relocation according to standard district form. Additional access and
maintenance easements may be required depending on the final sanitary sewer utility plans.
Ordinance No 2,Series 2010
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 10 of 20
Service is contingent upon compliance with the District's rules, regulations, and specifications,
which are on file at the District office. The Applicant shall bear all costs associated with the
proposed improvements to the sanitation system that result from this project.
Section 16: Environmental Health
The State of Colorado mandates specific mitigation requirements with regards to asbestos.
Additionally, code requirements to be aware of when filing a building permit include: a prohibition
on engine idling, regulation of fireplaces, fugitive dust requirements, noise abatement and pool
designs. The Applicant must meet all applicable requirements associated with the new pool.
Wildlife protection/enclosures for the trash and recycle area is required.
The Applicant will be subject to the TDM/Air Quality Impact Fee in place at the time of Building
Permit submittal.
Section 17: Exterior Lighting
All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to
Land Use Code Section 26.575.150, Outdoor lighting. No exterior lighting shall be permitted in
the stream margin area (fifteen (15) foot setback area from top of slope) or in any area below the
top of slope line (toward the river) unless it is in the exact location of the existing lighting and
requires no additional disturbance to the stream margin area. This shall be verified at time of
building permit submittal.
Section 18: Transportation
The Applicant shall comply with all aspects of the Transportation Demand Management(TDM)
plan attached to this Ordinance (Exhibit A). The TDM Plan and the TDA Traffic Study
(attached as Exhibit B)shall be recorded as part of The Agreement.
The Applicant may update the traffic counts and TDM Plan prior to building permit submittal.
`Phis shall be conducted after working with the Transportation, Community Development,
Engineering, and Environmental Health Departments to ensure compliance with all approvals.
Any changes to the TDM plan based on updated traffic counts must be reviewed and approved
by the Transportation, Engineering, Environmental Health, and Community Development
Departments.
The Applicant shall conduct a meeting to review the Transportation Demand Management Plan
with the City Staff prior to submittal for a building permit application. This meeting shall
include the Applicant, a representative of the Transportation Department, a representative of the
Engineering Department, a representative of the Environmental Health Department, and the
Community Development Department's case planner.
The Applicant shall be required to install a traffic counting system to monitor traffic on an hourly
and daily basis. The system to be installed shall be reviewed at the above referenced meeting
and must be approved by the Transportation Department prior to building permit submittal. The
Club Owner shall be responsible for the purchase, installation, and maintenance of the system.
The Club Owner shall also include a back-up method of counting traffic in the event that the
Ordinance No 2,Series 2010
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 11 of 20
installed system malfunctions or does not work at any time. The system shall be installed prior
to issuance of a Certificate of Occupancy for the Timeshare Units.
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) years after the project
receives a CO. The report must indicate both daily and hourly traffic counts. The Report shall
also include the status of required TDM program components. For each year the Club does not
meet the zero growth goal, the annual reporting obligation shall be extended by one year. If staff
reviews the report and finds it is not in compliance with the TDM Measures or does not include
the required reporting information, the issue(s) shall be brought to City Council for discussion
and action if needed.
If the Club does not meet the zero growth goal for two (2) years in a row, they shall be required
to pay one-half(1/2)the Annual cost of operating the Cross-Town Shuttle(at the rate in effect at
that time), and institute paid parking at the Club until they can show they have met the zero
growth goal in some other way, as approved by the Transportation, Engineering, Environmental
Health, and Community Development Departments.
Section 19: Parks
Building permit plans shall include a detailed plan submitted for stream margin protection and
stability of the hillside above the trail. The detailed plan shall identify the location of silt fencing
and erosion control along the hillside. The City can provide specifications if needed: minimum
requirements include a silt fence and straw bales placed in a manner preventing erosion and
protect the river from residual run-off. All of these detailed at the 15' set back from top of
slope.
Building permit plans shall include a detailed plan submitted for Construction staging. This plan
shall detail how the construction will take place with staging, storage of materials and locations
of vehicles so that trees remaining on site will not be impacted and remain protected.
Building permit plans shall include a detailed plan submitted for Tree Protection. Tree protection
fences must be in place and inspected by the city forester or his/her designee before any
construction activities are to commence. No excavation, storage of materials, storage of
construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of
any tree on site. There should be a location and standard for this fencing denoted on the plan.
An approved tree permit is required before submission of the building permit set. Proper spacing
and a detailed legend for new plantings and plantings around existing trees shall be reviewed by
the Parks Department at building permit submittal. This legend shall include species name.
Building Permit Plans shall detail the material and width of the footpath proposed within the
stream margin area. This footpath shall be installed with hand excavation tools only and set
around all trees to remain on site. The utilities located under the trail should be developed and
installed with junction boxes so future repairs can be accomplished without the need to excavate
Ordinance No 2,Series 2010
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 12 of 20
the new trail. This trail shall not be used for or provide access for any construction activities.
This includes but is not limited to truck traffic, foot traffic, storage or materials.
Aspen Club Trail access or use for any construction activities is prohibited at all times. This
includes but is not limited to truck traffic, foot traffic, storage or materials.
The Applicant will be subject to the Parks Development Impact Fee in place at the time of Building
Permit submittal.
Section 20: Parking
No parking is approved for Ute Ave or in the cul-de-sac.
Section 21: School Lands Dedication
The Applicant will be subject to the School Lands Dedication cash-in-lieu in place at the time of
Building Permit submittal.
Section 22: Energy Commitment
(a) An audit of the gas and electrical energy consumed by the existing 77,000 square
foot Aspen Club building during the preceding three years was conducted by Resource
Engineering Group and summarized in a written report dated November 24, 2008, a copy of
which report is attached as Exhibit C to the Ordinance. The energy consumption reflected in that
report averaged 18,600 million Btu/year over the subject three year period (the "Baseline
Average"). The Club Owner ("Club Owner" for purposes of this Ordinance and the Agreement
shall mean the record owner from time to time of Lot 1, Aspen Club Living
Subdivision/PUD/SPA) hereby commits and agrees that following the redevelopment of the
Property pursuant to the approvals granted in this Ordinance, the average annual energy
consumption of all uses of the Property (including the Club, the Timeshare Units, and the
Affordable Housing Units) will not exceed the Baseline Average.
(b) The Club Owner commits and agrees that the Building Permit Application for the
Aspen Club Living development approved by this Ordinance (including the Aspen Club & Spa
facility upgrades discussed in Section 23 below) shall include the installation of such energy
conservation mechanical components (including upgrades to existing systems) as may be
designed and recommended by Resource Engineering Group,or other qualified engineering firm,
in order to achieve the energy consumption Baseline Average for all anticipated uses of the
Property (including the Club, the Timeshare Units, and the Affordable Housing Units). The
specifications and recommendations provided by Resource Engineering Group shall be reviewed
and approved by the City Building Department and the Canary Initiative staff before the
Building Permit is issued.
(c) Pursuant to Section 5 of this Ordinance (Financial Assurances),the Club Owner is
also committing to provide the City with a copy of a Performance Bond on the project prior to
the issuance of a Building Permit therefore. The Performance Bond shall also cover the
installation of the energy consumption mechanical components (including upgrades to existing
systems) that are incorporated in the approved Building Permit.
Ordinance No 2,Series 2010
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 13 of 20
(d) The final Certificate of Occupancy for the Aspen Club Living development
approved by this Ordinance shall not be issued until the Club Owner has demonstrated to the
Building Department and Canary Initiative staff that such required energy conservation
mechanical components (including upgrades to existing systems) have in fact been installed by
Club Owner.
(e) Within 30 days following the expiration of the one year period following the
issuance of the final Certificate of Occupancy for the Aspen Club Living development, the Club
Owner shall provide the Building Department and Canary Initiative staff with a report
summarizing the energy consumed by all uses of the Property during said one year period. With
such report, the Club Owner shall provide the Building Department and Canary Initiative staff
with copies of all energy bills used to prepare the report, for purposes of verification by the City.
If such report concludes that the energy consumed by all uses of Property during said one year
period exceeds the Baseline Average, within 30 days following the date of the report the Club
Owner shall open an Escrow Account with Pitkin County Title, Inc., subject to Escrow
Instructions that have been mutually approved by Club Owner and the City Attorney, and shall
fund that Escrow Account with the sum of$ 100,000.00 and shall provide the City with evidence
of such deposit. During the ensuing one year period, the Club Owner shall make a good faith
effort to bring the Property's energy consumption into compliance with the Baseline Average.
(f) Three years following the date of issuance of the final Certificate of Occupancy
for the Aspen Club Living project, the Club Owner shall have Resource Engineering Group or
other qualified engineering firm perform a complete energy audit covering all uses of the
Property during the preceding three year period and averaging the energy consumption of the
Property over said three year period. If such audit concludes that the energy consumed during
said three year period exceeds the Baseline Average, the Club Owner shall have Resource
Engineering Group or other qualified engineering firm perform an updated evaluation of the
energy systems (and the operation thereof) on the Property and the Club Owner shall have the
year following the date of the audit in which to make such changes in the operation of the energy
system and/or such upgrades to the system as may be recommended by said engineering firm in
order to achieve the promised Baseline Average. The Club Owner shall have the right to draw
funds from the Escrow Account to pay for such remediation efforts.
(g) Similar audits will be performed four years and five years, respectively, following
the date of issuance of the final Certificate of Occupancy for the Aspen Club Living_project, in
each instance covering the preceding three year period and averaging the energy consumption of
the Property over said three year period. If either of said audits reflects a non-compliance with
the Baseline Average, then the Club Owner shall continue its good faith efforts to upgrade the
energy consumption on the Property pursuant to the previous recommendations of the
engineering firm and shall have the right to draw funds from the Escrow Account to pay for such
remediation efforts.
(h) If said fifth year audit determines that the energy consumption on the Property
does not exceed the Baseline Average, the Escrow Account shall be closed and all remaining
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
Ordinance No 2,Series 2010
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 14 of 20
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.
Section 23: 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 and • steam room in men's and women's
Programming (as defined herein and locker room
in Exhibit F to this Ordinance) • sauna in men's and women's locker
• structural improvements throughout room
Club • retiling and regrouting in wet areas
• new entryway of locker rooms
• underground parking • updated spa rooms
• safer access to Club • massage tables
• upgraded HVAC system • new carpeting throughout Club
• new heating and cooling control • new furniture in reception area
systems • new patio furniture and umbrellas on
• clean energy initiatives such as outdoor deck
geothermal and solar • update salon
• upgraded insulation • salon furniture and fixtures
• fix snowmelt • phone system
• refurbished cardio room
• repair roof
• new weights in weight room • employee lounge furniture
• new cardio equipment in cardio area • TRX System
• painting • entrance to Yoga Studio
• performance center • cord coverings on Cardio Deck
• yoga studio • TVs
• new spinning bikes • spa entrance area
• new power tap equipment
signage
• swimming pool • replace steam units
• lockers in men's and women's locker . equipment in spa
room • 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 ih accomplishing the upgrades, which cost summary shall
be reviewed and approved by the Community Development Department. The Club Owner shall
Ordinance No 2,Series 2010
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 15 of 20
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.
(d) The Applicant has also committed to provide on-going benefits to the community. Said
benefits are listed below and in Exhibit F to this Ordinance.
• Program Development and Programming(as defined herein and in Exhibit F to this
Ordinance)
• 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.
• 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.
If, at any time, the Applicant and subsequent Club Owners are unable, for whatever reason, to
provide the benefits outlined in this section, the Community Recreation Fund, outlined in Section
24, may be used to provide said benefits elsewhere in the community.
Section 24: Aspen Club Living Condominiums ("ACLVI 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% 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
Ordinance No 2,Series 2010
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 16 of 20
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 Benefits currently taking place at the
Club, as defined in Section 23(d) herein and in Exhibit F to this Ordinance, that cease for any
reason, to be carried out by the Club.
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 community benefit
associated with the Aspen Club & Spa Subdivision/PUD/SPA that is the subject of this
Ordinance.
Section 25: Reporting Requirements
The Club Owner shall be subject to a number of reporting requirements, as indentified herein. All
reporting requirements shall,to the extent possible,be compiled into one report that goes to the City
Community Development Department. This report shall include:
• The traffic and TDM reporting and audit procedures as specifically outlined in Section 18
and Exhibit A to this Ordinance.
• An audit and report of programming elements, including,but not limited to those outlined in
Section 23, Club Reinvestment, and attached as Exhibit F to this Ordinance. This report
shall be required for the life of the recreational club use and shall be submitted on a yearly
basis.
• The reporting and audit procedures as specifically outlined in Section 22, Energy
Commitment.
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
Ordinance No 2, Series 2010
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 17 of 20
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.
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 27: 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 and Ute
Avenue improvements set forth at §§ 10 & I 1 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 § 23 herein.
Section 28: Detached Residential Development Riaht
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 29: Vested Riahts
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 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:
Ordinance No 2,Series 2010
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 18 of 20
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.
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 31:
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 32•
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 33:
A public hearing on this ordinance shall be held on the 8d'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,
Ordinance No 2,Series 2010
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 19 of 20
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'h day of January, 2010.
Attest:
Kathryn S. I ch,City Clerk Michael C.Ireland,Mayor
FINALLY,adopted,passed and approved this�S�day of J✓�(` 2010.
Attest:
Kathryn S.K ,City Clerk Michael C.Ireland,Mayor
Approved as to form:
--i " rney
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
Exhibit F: Programming Elements
Ordinance No 2,Series 2010
Aspen Club PUD/SPA/Timeshare/Growth Management/Subdivision
Page 20 of 20
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 remain an active member of the City's
Transportation Options Program, with the Transportation Coordinator acting as the City's
contact.
TARGET GROUPS
A unique challenge associated with this project is the existence of a variety of user groups with
distinct needs. The Aspen Club Living TDM program establishes a variety of tools targeting the
following groups:
• Employees commuting to the Club
Ordinance No 2, Series 2010,Exhibit A
Aspen Club TDM Plan
Page 1 of 12
Ordinance 2, Series 2010
Exhibit A
• Employees living on-site in Aspen
Club affordable housing
• Club members
• Club guests
• Aspen Club Living owners
Ordinance No 2,Series 2010,Exhibit A
Aspen Club TDM Plan
Page 2 of 12
Ordinance 2, Series 2010
Exhibit A
Aspen Club Living- TDM PLAN MATRIX
TDM MEASURE TARGET(S) MORE PHASING
INFO
Fixed route Aspen Club Shuttle All Page 3 Shuttle plan approved six months prior to CO. Service in place on date of !
CO issuance.
On-demand Aspen Club Shuttle Members, owners, Page e 4 Shuttle plan approved six months prior to CO. Service in place on date of
guests CO issuance.
Bus pass subsidy Employees Page 5 Already in place—to remain in place as part of this development.
Carpool matching Employees Page 5 In place no later than six months after CO issuance.
Carpool parking Employees Page 6 In place no later than six months after CO issuance.
Restricted parking Employees Page 6 In place no later than six months after CO issuance.
New hire orientations Employees Page 6 In place no later than six months after CO issuance.
Employee incentive program Employees Page 7 In place no later than six months after CO issuance.
Emergency ride home program Employees Page 7 In place no later than six months after CO issuance.
Member incentive program Members Page 8 In place no later than six months after CO issuance.
Housing preference Employee housing Page 8 In place at initial award of employee housing units and to remain in place
for all turnover.
Car rental discount Employee page 8 In place no later than six months after CO issuance.
housing,owners
Employees,
Bicycle fleet employee housing, Page 9 In place no later than six months after CO issuance.
owners
Employees,
Car share program employee housing, Page 9 Carshare plan approved six months prior to CO. Service in place no later
owners than six months after CO issuance.
Monitoring All Page 10 Conducted for five years after issuance of CO
. .....
Changes to Plan All [Page 1 I Optional—must be approved prior to submission for building permit
Ordinance No 2,Series 2010,Exhibit A
Aspen Club TDM Plan
Page 3 of 12
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.
c. 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 (4-6:00pm) peak hours, on
the half hour and the hour.
b. During shoulder seasons and before 7 AM and after 9 PM,there will be scheduled service
that at a minimum remain within those trip numbers outlined above unless agreed
otherwise with the Transportation department. A reduced service schedule in the off-
season may be appropriate.
c. Without the minimum level of service in place described above,the Club will be required
to contribute a fee equal to 13 trips per day to the operation of the Cross Town Shuttle.
Ordinance 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
a. Shuttle vehicles will be reduced emissions or zero-emission.
b. On-demand service will be free and available to Club members,owners and guests.
c. On-demand service is meant to serve as a backup to fixed route service and will not
replace fixed route service during peak summer and winter.
d. On-demand service may replace fixed route service during off seasons.
Schedule
a. On-demand service will be available daily during Club hours of operation.
Phasing
A detailed on-demand shuttle plan must be approved by the City of Aspen Transportation Department no
later six months prior to the issuance of a Certificate of Occupancy. This plan must meet the conditions
discussed above.
Ordinance 2, Series 2010
Exhibit A
BUS PASS SUBSIDY
The Aspen Club will provide reduce priced bus passes for employees to use RFTA. The Club currently
subsidizes 50%of employee's bus passes. Subsidized bus passes will remain in place.
Phasing
This subsidy is currently in place. The program must be marketed to employees, with marketing
measures to be provided to Transportation no later than six months after the date of issuance of Certificate
of Occupancy. Measure to remain in place in perpetuity unless approved for discontinuance-by the
Transportation Department.
CARPOOL MATCHING
The Aspen Club will organize carpools for employees who have to commute to the Aspen Club.
Details
a. First priority will be to match employees. with other employee via the Club's
Transportation Coordinator.
b. Carpool matching will be discussed during new hire orientation.
c. If no match is found in-house, the City of Aspen TOP program and carpool matching
software will be used to search for external matches.
Phasing
This program must be approved by Transportation Department and in place no later than six months after
the date of issuance of Certificate of Occupancy. The program must be marketed to employees, with
marketing measures to be provided to Transportation no later than six months after the date of issuance of
Certificate of Occupancy. Measure to remain in place in perpetuity unless approved for discontinuance by
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.
Ordinance 2, Series 2010
Exhibit A
Phasing
This program must be approved by Transportation Department and in place no later than six months after
the date of issuance of Certificate of Occupancy. Measure to remain in place in perpetuity unless
approved for discontinuance by the Transportation Department.
EMPLOYEE INCENTIVE PROGRAM
The Aspen Club will create incentive plans for carpoolers, bikers, walkers and RFTA riders.
Details
a. Program will consist of gift cards, punch cards, prize drawings or end of season raffles.
Phasing
Program must be in place no later than six months after the date of issuance of Certificate of Occupancy.
Program must be marketed to employees, with marketing measures to be provided to Transportation no
later than six months after the date of issuance of Certificate of Occupancy. Measure to remain_in place in
perpetuity unless approved for discontinuance by the Transportation Department.
EMERGENCY RIDE HOME PROGRAM
As a member of TOP,the Aspen Club will work with the City in implementing an Emergency Ride Home
Program for employees who take the bus to work, but for one reason or another(e.g. sick child) need to
get home in a hurry. This will give employees a sense of comfort that they can take the Bus into town but
get home quickly if they need to.
Details
The Aspen Club will be responsible for any trips taken beyond the TOP program's budgeted limit
each year.
Phasing
This measure is currently in place. Measure to remain in place in perpetuity unless approved for
discontinuance by the Transportation Department.
Ordinance 2, Series 2010
Exhibit A
MEMBER INCENTIVE PROGRAM
The Aspen Club will create an incentive system for members who walk, ride their bikes or take either our
shuttle or the Cross Town Shuttle to and from the Club.
Details
a. Information on this incentive system will be provided in membership materials.
b. Members will have a punch card system to track their use of alternative transportation.
c. Incentives will potentially consisting of gift cards, prize drawings or end of season raffles
for prizes and rewards.
Phasing
Program must be in place no later than six months after the date of issuance of Certificate of Occupancy.
Measure to remain in place in perpetuity unless approved for discontinuance by the Transportation
Department.
HOUSING PREFERENCE
Preference for access to On-Site Affordable Housing would be given to employees who agree not to park
a car at the Aspen Club. The Club will also develop move-in packets that will provide information on all
alternative transportation programs provided in Aspen.
Phasing
Program to be in place before first tenants move in and to remain in place for future tenants.
CAR RENTAL DISCOUNT
Arrangements will be made with a local car rental company for discounted car rentals.
Details
a. The Club will arrange for discounted car rentals for our employees who live on-site as
well as for Aspen Club Living owners.
b. Trips will be charged at the negotiated discounted car rental rates.
Ordinance 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 carshare program must be presented to and
approved by the Transportation Department no later than six months prior to the issuance of a Certificate
of Occupancy.This plan must include,at a minimum:
1. Purchase/ownership of vehicle(s)
2. Type of vehicle(s)
3. Parking location(s)
4. Allowable customers
5. Vehicle replacement plan
6. Operations plan including reservations,access, fueling, insurance
7. Subsidy/cost sharing plan for CAR TO GO, should CTG operate the vehicle
MONITORING PROGRAM
The effectiveness of the program will be measured in several ways:
1. The Applicant shall be required to install a traffic counting system to monitor traffic on an hourly
and daily basis. The Club is responsible for the purchase, installation, operation, and
maintenance of the system. The Applicant shall also include a back-up method of counting traffic
in the event that the installed system malfunctions or does not work at any time. The system to be
installed shall be reviewed and approved by the Transportation and Engineering Departments
prior to building permit issuance. A semi-annual Report covering January through June and July
through December shall be provided to the Transportation, Engineering, Community
Development, and Environmental Health Departments by January 15 and July 15 annually for 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 Club does not meet the zero growth goal, the annual reporting obligation shall be
extended by one year. 1f staff reviews the report and finds it is not in compliance with the TDM
Measures or does not include the required reporting information, the issue(s) shall be brought to
City Council for discussion and action if needed.
2. Survey of above target groups to ensure their knowledge of and participation in the programs.
Annual surveys must be pre-approved by the Transportation Department.
3. Results will be summarized in Memorandum form complete with tabulations and charts so that
year-to-year trends are readily apparent.
4. The Transportation Department may require interim check-ins as necessary.
Ordinance 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 (6 10 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.
C*,Jnarv2 , 2010
�Exhibit��
Aspen Club Living
Traffic Impact Study
Prepared for:
Aspen Club & Spa, LLC
Aspen, CO
Prepared by
TDA Colorado, Inc,
800 E,Loufefana Ave.#100
Denver,CO 80210
t d acts 1d acolorad o.com
t 22
Under the direction of
DAVID D.LEAHY,P.E.
August 4,2009
Aspen Club Living
Tra le Impact Study
TABLE OF CONTENTS
INTRODUCTION......................................
EXISTING CONDITIONS..................................................................................................................1
Traffic Volumes................................... . ........................3
Public Transportation........................................................................................................................3
Pedestrian,Bicycle and Equestrian Transportation......I.......I.................. ..................................5
TrafficControls.................................. .
Turning Movement and Daily Volumes.............................................................. ..............................5
PROJECT DESCRIPTION.........,.........................................................................................................7
.......... ...................
FUTURE BACKGROUND CONDITIONS...................................................... 9
FUTUREPROJECT TRIPS..................................................................................................................9
TripGeneration,Standard.................................................................................... ..... 9
Trip Distribution................................................................................................ .... ......................
TRANSPORTATION DEMAND MANAGEMENT PLAN...........................................................13
Phasingof Measures.................................................................................................................... .17
MonitoringProgram.......................................................... . ................................... . .....17
..... .. ..................
Trip Reduction with Proposed Management Actions......................................................................18
ENVISIONED UTE AVENUE SAFETY PROGRAM.....................................................................20
PARKING REQUIREMENTS&SUPPLY.................................................................................... .22
QUALITY AND LEVEL OF SERVICE.............................................................................................22
SUMMARY&RECOMMEMDATIONS.............................................. ...........................................24
APPENDIXA................................................................................................................................... .26
Glossary............................................................................................................................................26
LIST OF TABLES
Table 1 Existing Site Vehicle Trips...................................................................................................9
Table2 Vehicle Trip Generation....................................................................................................10
Table 3 Trip Reductions with Proposed TDM Plan......................................................................19
Table 4 Parking Requirements&Proposed Supply.......................................................................22
Table 5 Quality of Service by Mode...............................................................................................23
LIST OF FIGURES
Figure 1 Vicinity Map&Traffic Count Locations............................................................................2
Figure2 Existing Site Plan.................................................................................................................3
Figure 3 Existing Design Day Volumes.............................................................................................6
Figure4 Proposed Site Plan...............................................................................................................8
Figure5 Club Trip Distribut ion......................................................................................................11
Figure 6 Residential Trip Distribution............................................................................................12
Figure 8 Ute Avenue Traffic Calming...............................................,............................................21
31312009 Page i TDA Colorodo
4
Aspen Cub Living
7}•qfflc Impact Study
INTRODUCTION
This report describes the traffic impacts associated with the Aspen Club&Spa's planned renovation and
residential development project. The Aspen Club is situated between the Roaring 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 project vicinity and an assessment of the
potential impacts of the proposed project. The Aspen Club has committed to a proactive approach to
minimizing new trips to and from the Aspen Club via Ute Avenue out of respect-for the residents along
that corridor. The report enumerates a series of measures to be undertaken by Club management to
further promote alternatives to vehicle travel by members,employees and future guests and owners
residing at the Club. The transportation demand management(11)4 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 sitvbased vehicle trips on Ute Avenue by commissioning an
annual count of traffic on Ute Ave by mode:private vehicle,bike,pedestrian,private shuttle and RPTA.
This report is presented in three major sections:
• Existing Conditions-refers to today's traffic,pedestrian,bike,parking,and transit conditions,
• Future Conditions without Transportation Demand Measures-a forecast of conditions in the
future project completion year with no formal vehicle trip reduction measures,
e Future 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.
81312009 Page 1 TDA Colorado
4�pe�Club Ltvaig
Tr4ric Impact Study
Main St (SH 82)
NORTH
NO to Sale
Hopkins Ave
3 Cn 0 n
m m
Hyman Av �
to
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-•.•.•.'. •.•. Q.
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Buser park
rran it Durant Ave {
Dean ve Dean Av t s
Waters Ave _
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— =244V Directional Count (6) Q Foot
=Daylight PedSke Count (1)
F�
Figure 1
Vicinity Map 8 , , . .•
Traffic Monitoring Count Locations l
Aspen Club Living 3
Aspen,Colorado
81312009 Page 2
TDA Colorado
Aspen Clrrb LIv/ng
n-O le lmpact Sludy
EXISTING CONDITIONS
The existing Aspen Club&Spa is located on a 5-acre site, Main access is at the south end
via Ute Avenue and auxiliary access is north of the site,across the Roaring Fork River,via
Crystal Lake Road off of Hwy 82. Off--site parking(35 spaces)is provided along Crystal
Lake Road with a pedestrian/bike trail and bridge crossing the river, leading to the Club.
Figure 2 shows the existing site layout and access points.
""°r' ""`�„' � '•\� •`�'� for H
f
--�:---
ar
NORTH
Figure 2
I + _ !?,•.1 Existing Site Plan
�`♦ ',
Tim Club&Spa
Traffic Volumes
In October 2008,TDA completed a summary report'with detailed analysis of seasonal traffic
conditions in the project vicinity. It compares August 2008 summer counts with available March
2008 winter counts,as well as the earlier August 2004 summer traffic counts performed at two
1 Letter Report to Michael Fox,Aspen Club&Spa Traffic Count,TDA Colorado,Inc,October 29,2008
813/7009 Page 3 TDA Colorado
Aspen Club Living
7Y qfflc Impact Study
intersections along South Original Street and the access drive to the Aspen Club&Spa. This
report identifies peak traffic conditions by season,day of week and time of day in the vicinity of
the Aspen Club&Spa. '
Key findings noted in the TDA 2008 Traffic Count Report are:
• Total weekday traffic volumes in the project vicinity are higher than on weekend days.
• Summer daily traffic volumes are higher than winter daily volumes.
• Club and Spa daily traffic volume is slightly higher on Friday,as compared to mid week or
weekend days.
• Hourly traffic activity at the Club is highest and fairly uniform between IOAM and 1PM, and
again between 3PM and 6PM for weekday and weekend.
As a"design day"for assessing future development traffic,a Thursday during August would
represent a typical high traffic activity day for the surrounding neighborhood,when Club
traffic exhibits a high daily volume.
The 3:00 to 4:00 PM hour is the combined peak traffic hour for Ute Avenue and Club&Spa
trips. During this hour,Club trips comprised about 29%of the 200 vehicles on Ute Avenue
east of Original.
During the nine-hour daytime video count,for all arrivals to the Club,approximately 81%
are via auto, 10%via bicycle and 9%as pedestrians. Approximately 80%of arrivals are via
Ute Avenue entrance with 20%crossing the footbridge from Crystal Lake Road.
At the busiest intersection in the vicinity-Original Street/Cooper Avenue-Club&Spa
trips represents about 8%of summer total AM peak hour traffic and only 5%in the PM peak
hour,which has a higher total volum.-than during the AM.
Public Transportation
RFTA provides both City and down-valley transit service. The Rubey Park transit station is
centrally located along Durant Avenue,between Mill Street and Galena Street. The transit hub is
served by all summer routes run by RFTA. Service is available from 6:30 AM to 2:00 AM.
Service is generally described below:
City Routes-There are six in-town fare free routes,four of which serve residential areas,and one
serves the post office and Silver Queen Gondola on ten minute headways. The Cross-Town
Shuttle specifically runs to the Aspen Club and Spa approximately every 30 minutes,8 AM to 9
PM. Data from the October 2008 Traffic Count show that just a few Club members/workers
currently use the Cross-Town bus route that runs along Ute Avenue.
Valley Routes-During the summer,there are 43 scheduled departures. Mid-valley routes depart
every 30 minutes while routes serving Glenwood Springs are provided every two hours.
Seasonal Routes-Special service is provided for events(such as the Aspen Music Festival)
throughout the summer in the Aspen are-a!
1 RFTA websita.
81.317009 Page 4 TDA Colorado
Aspen Club LIvh?g
7>•afic hnpacl Study
Pedestrian,Bicycle and Equestrian Transportation
Existing sidewalks are found on S.Original Street,E. Cooper Avenue,E.Durant Avenue.Ute
Avenue has a trail along the north side from Original Street to just past the Ute Cemetery where
it bends north around the Benedict property to follow the Roaring Fork River along the north
side of the Club site.A second trail connects the Crystal Lake Road parking lot with the Club site
via a footbridge over the River.
Traffic Controls
Two intersections were studied to asses relative change in volume associated with the Club
project. Both intersections are four-way stop-controlled: S.Original Street/.E.Cooper Avenue
and S.Original Street/E.Durant Avenue. The Ute Avenue driveway of the Aspen Club&Spa
was also studied.
Turning Movement and Daily Volumes
Figure 3 shows the turning movement volumes at each of the study intersections during the
Thursday AM and the PM peak hour of the Design Day. Total Thursday volumes are also shown
at each of the six 24-hour locations. Volumes are based on 7-day late August 2008 counts
collected by All Traffic Data Services of Arvada.
The highest turning volumes occur during the PM peak hour at the Original/Cooper intersection
with 130 southbound left turns and 187 eastbound right turns. Both of these movements are links
in the State Highway 82 designated route through the city.
As depicted in Figure 3,combining 610 daily Club vehicles on Ute Avenue with the 250 vehicles
using Crystal Lake Road indicates a total of 860.vehicle trips attributed to the Club&Spa on a
typical summer weekday.
$1312009 Page 5 TDA Colorado
i
Aspen Club Living
N rn co Traffic lmpau Study
cn y c Main St (SH 82)
19(65) 81 (187y. No Scale \
45(84)--► t--44 6 _
828}� r� j�15(21) N O 0 2(1)_ A-2(2)
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w 'Cooper ve(SH 82) . .................... w
4M -4 IMarketj
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91 (99)—+ ~67(77) 'pia Ave �4
Waters Ave
IQYSW Law
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over river
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19(52) L 9(20) J� �F
70(54)- t-34(24)::' Figure 3 ! •� '�
38(31)--+ 5(9) E)dsbng Thursday 8/21108 mss,
AM(PM)Pk Hr Volumes -'
T &24-Hour Volumes a l
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N A v A;Dm Cabradb
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,
8/ 1009 Page 6 t
TDA Colorado
Aspen Club Vying
7raJjle Impact Study
PROJECT DESCRIPTION
The Aspen Club and Spa is proposing the addition of 20 fractional ownership residential units
and 12 affordable housing units on the existing 5-acre property. As a part of these residential
additions,the existing Aspen Club&Spa facilities will be renovated with new uses in some of the
currently underutilized spaces. The project will reallocate a portion of the existing club as
support space for the six proposed fractional units that will be developed within the renovation
area. The actual leasable Club area will be reduced from the existing 84,600 SP to about 77,800
SF. However,for trip generation purposes,it is assumed that the current usage levels will
continue. Figure 4 illustrates the proposed site plan.
The site currently provides 56 on-site plus 35 off-site parking spaces. This 91-sp2ce 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-sire spaces and continued use of the 35 off-site spaces across the river. The
new underground 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.
sii/1oo9 Page 7 TDA Colorado
I
Aspen Club Living
Traff-4-Pact Study
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1 I ! ;` 1' t �_ � `, �•:' ,' Figure 4
Proposed Site Plan
Aspen Club Living
Aspen,Colorado
Page 8 TDA Colorado
Aspen Club Living
7]•a,,lc Impact St,*
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.
FUTURE PROJECT TRIPS
The Aspen Club Living project will remodel the existing facility and add a residential element to
the site. Comprehensive vehicle,bicycle and pedestrian counts done in August 2008 provide site-
specific data for determining the expected vehicle trip patterns for the expanded Club facility.
Analysis of the project bounds the potential incremental increase in traffic as a result of the Club
expansion and added residential uses.
Trip Generation,Standard
Standard procedure for estimating traffic impact from new development is to use trip generation
ratios found in an industry standard reference:the Institute of Transportation Engineers(ITE)
publication Trip Generation(7"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 report,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 trips.
Summarized in Table 1,the existing facility generates 70 AM peak hour and 99 PM peak hour
vehicle trips on a typical summer day. With the project,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
Aspen Club&Spa
Club Member&Employee Trips AM Pk Hr PM Pk Hr
In I Out In I Out
via IAte Avenue Entrance 40 14 30 34
via Crystal Lake Road Access 9 7 9 28
Total Peak Hour Directional Tri 49 21 39 60
Total Peak Hour Trips 70 gQ
August 2008 count data, TDA Colorado,Inc.
The existing 84,600 SF Club facility currently exhibits the following trip generation rates:
• 10.17 Daily vehicle trips per 1,000 SF
• 0.83 AM peak hour vehicle trips per 1,000 SF
• 1.17 PM peak hour vehicle trips per 1,000 SF
81312009 Pago 9 TDA Colorado
Asper Club Uving
Traffic Impact Study
i
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(#233).
The affordable housing 2-bedroom units will not have lock-off capability and are assumed to be
renter occupied,functioning similar to the ITE code Mid-rise apartment(//223),
Vehicle trip generation is summarized in Table 2,showing total and net added vehicle trips to and
from the site. Buildout of the project could generate about 28 added PM peak how,26 added AM
peak hour and 304 added daily vehicle trips. When 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
With Residential Project and No Trip Reduction Measures
Aspen Club living
land Uwe Qu�tly iw TO dD PA1 pk Hr VfE PA)PItNf Trp 6dt AM pk t{f ViE! AA Pk W Tdp e* T DNb M r
bUnxe Gen moon Cade tas1. %M %Out Tota IN OUi RsM %In %oul Total W
OUi ReM Tdpe
elfigClubFtdNUee 84.6KGFA 8Q6 KGFA TDA 1.17 39% 61% 89 39 80 0.83 70% 30% 70 49 21 10.17 800
fdpdeed WdenHal
CkA RaWN11F,3-Wien 4 OVe B key3 r 233 0.66 23% 71% 4 1 3 Q55 631%"37% 5 3 2 820 60
Ckb R1"rAI142.tdrm 2 DVt 4 keys J Z33 0.56 23% 77% 3 1 2 Q65 63% 37% 2 1 1 SID 25
TownrlomROW MNA—bdrm 4 DVe B keyr= Z33 0.56 23% 77% 4 1 3 055 63% 37% b 3 2 020 ao
TownhomReWNW,,3.bdM 10 Mrs 20ken1 Z33 0.68 23% 77% 12 3 9 1155 63% 37% 11 7 4
6.2Q Y!4
N---Wle Hpid q;2•tdr 12 MA 12 K"' ZZ3 0.39 b8% 42% 6 3 2 Q� 31% 89% 3 1 .2 4.60 63
TOW Proposed RedderMed 32 52 ZB 910 2 1S .2 11 394
( oeedClub&9 ARenanllea 78.8KGFA "S KGFA TDA 1.17 3996 819: 99 39 80 0,83 7096 30% 70 19 21 10.17 0
Standard TOTAL Vehlde Tripe with Project PM Peak Hour 121 4$ 79 AM Peak Hour 86 81 12 Dally 1,181
Net ADDED Vehicle Trips berofe Trip Reduction PM Peak Hour 28 8 T 18 AMp��kNour 24 1S 11 D8 304
1) WE•whcp tip w dteveude ependwawnr eiwe,eaydroa.,daasb:"Ch rgkm2uwro9
�san•ro�or ae.rwkok�alwdk pw d+ie111p
3)awe na kx►de rMegrouW plrhe+v+cw
ITE Trip Gerormoncoam: ZZ3 Me•R'esApereMd
233 W wy Cmdonwame
TDA Derived from Au0u112008 counts.
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 s-•ction,approximately 80%of current vehicle arrivals access
the site via Ute Avenue to park on-site and 20%via Crystal River Road,parking off-site and
walking via the Roaring Fork River pedestrian bridge. Figure 6 shows trip distribution for the
Aspen Club Living residential trips. It is assumed that all residence based vehicles will access the
site via Ute Avenue and park on-site.
81312009 Page 10 TDA Colorado
Aspen Club Living
Trcojc Impact Study
Main St(SH 82)
NORTH
N
ot b Scale
0
lb m A
Coopei CL
Cooper Ave
3% ......... cny
DurantAve
15%
Dean Aw
air Waters Ave
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0%
�—Lasso Ln
t to'
Fo(9 P43th
over river
Figure 5
Club&Spa Trip Distribution
Perrentage of Tow)Trips [rol&FROM
Aspen Club Lh*q
Aspen,Cdarado
Page lI TDA C01010do
Aspen O Living
T'-ffc".,P=&.4
Main St(SH 82)
NORTH
3: w
0
V
m
CL
X CL
-Cooper'' Cooper Ave
(24%1--a. 4%
Durant Ave
5%
Dean Av.
Waters Ave
EakeRd
100% Lasco Ln
acme
0#A 40
Foot path
ow rNer
Figure 6
Residential Trip Distribution
Percentage of Total Trips ITol&FRom
Aspen Club Uw?g
Aspect,C*IWO 100%,Oj
Page 12
TDA COlOrOcjO
Pages 13 — 19 are replaced with Exhibit A
to this Ordinance. Exhibit A is the
up to
date TDM Plan.
Aspen Club Living
77•aJ�c lmpac!Study
ENVISIONED UTE AVENUE SAFETY PROGRAM
One of the main issues today for the Aspen Club and its neighbors is safety along Ute Avenue.
With a few improvements,Ute Avenue today could be made into a much safer street. We would
propose:
1. NEW SIDEWALK-As shown in Figure 7,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
OPTION A Lag and
OPTION B r Olroewn of traval
�---- -- q of Hood"
• 3.7m 12M �
lYPka) 37m 1211
1 0 m
(611) k Cents d 1.8 M 1 7yP"l
I T—di lens (alit
T:!-1
Al
t
0.3 m i
I (1 nI\300 mm I1P 1n1 I /13111 ' mm
Whim 300
h4MM10% ` � 112 b1►
1.taWny�
Source: Manual on Uniform Traffic Control Devices,2003,FHWA
2. SPEED HUMPS with CROSSWALKS-Two of these are shown in Figure 8: one at Aspen
Alps and one at the 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 with speed humps spacing used elsewhere in the Aspen
community.
81ja009 Page 20 TDA Colorodo
Aspen Club Living
Traffw Impact Sutdy
Station(100 feet each)
lo- 11- 12- 13- 14- 15- 16- 17- 18- 19- 112-
Lite PI.
ORIGINAL
Parking Curh� Packing
ULe avenue �1 —Speed NumP with Crosswalk
Na Curbs Asp- Gant
Alps Terinla
Aspect Mtn S.Alps U%R Ct Cowl;
Road Road
SCHEMATIC 1
UTE AVENUE TRAFFIC CALMING—WEST HALF
i
Station(f 00(feet eactr}
112- 1+3- 114- 1Is- Its- 177- Ira- 119- 120- 121- 122- 123- 124- 125-
11 i I
Fxistl+rg Tag —I► ned ASPEi4
de 11"I"y
=J_j gldg CLUB
/Curb `No curb PARKING
1� I� We Avenue 4 Speed Hump with Crosswalk O
No Cut We
A Trail Figure 8
NOS SCHEMATIC Ute Avenue Traffic Calming
U'ITE AVENUE TRAFFIC CALMING--EAST HALF- Aspen Club living
Scale along Ute Ave.centerline is approximate. Width of roads is exaggerated.
t
e/W312609 Page 21 TDA Colorado !
Aspen Club Living
9-afflc Impact Sludy
PARKING REQUIREMENTS&SUPPLY
Table 4 summarizes the applicable parking code requirements and proposed supply for the
project. The existing Aspen Club has a total of 91 spaces(56 via the Ute Avenue entrance and 35
spaces across the river). The Aspen City Code requirements for the residential elements of this
proposal are 0.5 spaces per fractional housing unit and 1.0 space per affordable housing unit.
As shown in Table 4,the minimum required parking for the Aspen Club Living is 123 spaces,
The proposal includes a 132-space parking supply. The 35 spaces along Crystal Lake Road will
remain. On-site parking via the Ute Avenue entrance will increase from 56 to 97 spaces,with 32
of them assigned to the residential uses,meeting the City requirement.
Table 4
Parking Requirements&Proposed Supply
Aspen Club Living
City of Aspen Required Proposed
Land Use Requirement Units Parking Parking Spaces
Spaces
Fractbnal Resldentbi 0.5 spaces per key 40 keys 20
Affordable Housing 1.0 space per unit 12 units 12
Athletic Club 91 spaces 82 KGSF 91
Total Required Parkin 123
regu lar HC
On-sile Perking via Ute Avan us 82 5
Off-sits Parking across Rber 35 0
Total Proposed Parking Supply 127 5
132
1) Vann Associates
Previously determined;see text.
QUALITY AND LEVEL OF SERVICE
The Transportation Demand Management(TDM)program discussed previously in this report
addresses the goal of limiting growth in automobile traffic on Ute Avenue due to this project. To
encourage members and residents to utilize the TDM measures,alternative multimodal options
are defined with the TDM, Determining the Level of Service(LOS)for alternate modes is
different from determining the LOS for vehicles. The City of Aspen and other jurisdictions are
developing guidelines to identify and determine Quality of Service for pedestrians,bicycles and
transit. Key to increasing alternative transportation is to create a safe,comfortable,and reliable
experience for those pedestrians,bike riders and transit users.
Table 5 describes an analysis of existing and future levels of service for pedestrians,cyclists,and
transit users.
81312009 Page 22 t'DA Colorado
i
Aspen Club Living
Trglfi'c Impact Study
Table 6
Quality of Service by Mode of Arrival
As on Club Uvin
Quality of Service Considerations Aspen Club Living
Pedestrian On•Site: New Internal walkways connecting to RF River
• Presence connectivity&sidewalk width ped bridge will pass through new housing courtyard with
Y landscaping,lighting,and benches,connecting to Chub
• Lateral Separation of Traffic entrance and continuing to Ute Ave for access to transit
• Barriers&Buffers from Traffic stop. No driveway crossings for pod access to transit stop.
• Crossing Opportunities New 10'trail along Club's Ute Ave.frontage will connect
• Delays at Intersections with Jewish Community Center site on the east.
• Driveway Frequency&Volumes Off-Site: Ule Ave.bike/pod trail leaves Ute Ave,alignment
• Visitor Experience -120'NW of Ciub entrance. Club&JCC will provide capital
cost for missing Ute Ave link across Benedict property to
the west. When constructed,users will have Ute Ave.
ped/btke trail continuity from Original to JCC with few
driveway interruptions an route.
Existing—LOS C
Mitt ated—LOS B LOS A with Benedict IInk completed
Bicycle On-Site. Convenient and additional bicycle parking will be
• Presence Of Dedicated Facility added near entrances to the Club and clustered near
tY residential units, Shared bicycles will be available for
• Network Connectivity employees to use for short trips to town.
• Number&Width of Travel Lanes Off-Site: Off road trail along Ute Ave does not connect to
adjacent to Route main entrance of Club. A 26 mph speed limit,relatively low
• Volume&Speed of Traffic vehicle volumes and minimal trucks promote a safe
• Percent of Trucks&Buses encountered environment for cyclists on Ute.Ave. Slower,more uniform
• Pavement Condition vehicle speeds via traffic calming measures will make Ute
more compatible with bicycle riders,
Existing—LOS C
Mltl ated—LOS B
Transit Currently free RFTA cross-town shuttle service from Rubey
• Frequency&Hours of Service Park to Aspen Club via Ule Ave twice per hour,on the half
q Y hour from 8AM to OPM. Abundant seating is available even
• Reliability of Service during peak hours.
• Passenger Loads Aspen Club will add a private shuttle serving several hotels
• Travel Times and other transfer points for employees,members and
residents. Service using mind buses or vans will be from
7AM to 9PM,in addition to RFTA. Shuttles will have a set
route.Service information will be provided to members and
residents,as part of marketing. Club wiU conlime to
monitor service to meet demonstrated demands.
Existing—LOS C
Mili aced—LOS A
Automobilg Aspen Club Living with TOM plan Is forecast to add a not
Increase of 1 AM and 1 PM peak hour trip on Ule Avenue.
• Corridor Travel,Times This minimal addition of traffic will not change traffic delay
• Intersection Delay or LOS at the any of the 4 Intersections analyzed. Car
• Queue Length travel time w81 inctease slightly with Implementation of the
Ute Ave.traffic calming proposal.
81312009 Page 23 TDA Colorado
Aspen Club Living
7Yylc Impact Study
SUMMARY 8t RECOMMEMDATIONS
The Aspen Club and Spa's planned addition of fractional ownership and affordable housing
residential units within the existing 5-acre site presents an opportunity to manage transportation
demand. By adding residential development(trip producer)to an existing fitness facility(trip
attractor),a palette of opportunities arise for managing vehicle trips to and from the site as a
product of increased density and diversity of land use. This type of urban infill provides a larger
and more diverse population base for implementing transportation demand management(TDM)
cools.
As a complement to encouraging alternatives to personal auto travel,the Club proposes traffic
calming and trail improvement measures along Ute Avenue that will enhance the experience of
bike and pedestrian users of this travel corridor
Travel Demand Management Program
This report provides a detailed list of TDM tools that can aid Aspen Club members,residents and
employees in reducing their dependence on travel by private car. This analysis shows that even
moderate trip reduction through application of these tools is sufficient to achieve a virtual net
zero growth in vehicle trips with this new development.
Por these TAM tools to be successful,an aggressive marketing campaign offering high quality
alternative transportation services and a strong incentive program are essential. Monitoring the
programs and resulting traffic volumes are key to continued success. This report presents
numerous concept plans and a monitoring program to show their effectiveness.
Highlights of the Club's planned TDM measures include;
• Providing a regularly scheduled Aspen Club shuttle service to and from the Club.
• Emergency ride home programs for employees,as needed.
• Housing for Club employees on-site.
• Car sharing by being a business member of the Aspen Car to Go program,providing a
vehicle stationed on-site.
• Bicycle sharing by providing bicycles available for employees and residents riding to
town.
• Negotiated rates for car rentals with local companies to accommodate longer trips for
residents or employees.
• Create incentive programs for Club members who walk,ride bikes or take shuttles to the
facility.
• Continue to work with local hotel partners in marketing the Aspen Club shuttle services.
• Provide airport shuttle service for resident owners and guests to further reduce their need
for personal vehicles while staying at the Aspen Club.
The TDM program tailored specifically for this project can be expected to reduce the industry
standard ITE vehicle trips generated from the unmitigated peak hour vehicle trip volumes of 96
AM and 127 PM hourly weekday volumes to 71 AM and 100 PM peak hour vehicle trips,
essentially the same as current peak period volumes.
91312009 Page 24 TDA Colorado
.!spun Club LIMig
7yaffl0lnipact Study
Quality of Service
With the TDM plan achieving the desired results--no net change in peak period traffic volumes--
(to be confirmed by annual monitoring),there will be no noticeable change in traffic operation
(level of 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 it more uniform 25 mph or less vehicle speeds. With
the addition of residences,the Club site will have an urban village feel with interconnected
walkways,trail connections,illumination,and around the clock ambient security and comfort
amenities. The collective measures will achieve a perceptible one level increase in the quality of
service for these travelers. Club shuttle service,augmenting current free RPTA service along Ute
Avenue will provide a convenient alternative to auto trips for future residents/guests as well as
Club members and staff. The quality of the transit experience is expected to advance from
adequate to highly attractive.
The Club's redevelopment plan includes a 10'-wide trail along the Ute Avenue frontage,
connecting to the new Jewish Community Center site east of the Club. The Club and JCC have
agreed to share in the capital cost of constructing the"missing link"of the Ute Avenue trail across
the Benedict property west of the Club. When this link is completed there will be bike/ped trail
continuity along the full extent of UteAvenue from Original Street to the JCC site. With this
provision acting in concert with the amenities stated above,we anticipate ped/bike travelers will
experience a two-step level of service enhancement in relation to existing conditions.
Taken together,the Club's development plan and TDM program make a clear statement of
promoting achievable alternatives to private auto travel in the City of Aspen.
31311009 Pago 25 TDA Colorado
Aspen Club Living
APPENDIX A
Glossary
f,
I
8IJ12oo9 Page 26 TDA Colorado
y
Aspen Club Living
Tra c im cr
R!Ldy
GLOSSARY
AVO Average Vehicle Occupancy. The average number of people riding in a vehicle at one time.
Also referred to as ACO for Average Car Occupancy.
Background Growth A general level of traille increase not related to a specific site or project, it is
usually expressed as an annual percentage rate of growth.
Capacity The maximum number of vehicles that can be expected to travel over a given section of
roadway or a specific lane during a given time period under prevailing roadway and prevailing traffio
conditions.
CBD Central Business District.
Design Day A design day is generally it busy day during the peak business season,but not the
busiest. Selection of a design day is often used for determining parking needs and trPfic volumes. A
facility designed to serve the busiest day of the season would result in substantial excess capacity for
all but a few days of the year,an unrealistic standard. The design day standard provides a balance:
adequate capacity for most days of the year with recognition that it may be exceeded on five to ten
days per year.
Design Year The year a development is scheduled to open.
Headway The time between vehicles moving In the same direction. Often used to Indicate the
frequency of buses on a padicular bus route.
HOV High-Occupancy Vehicle.
Level of Service (LOS)A measure of intersection or roadway operating quality ranging from LOS A
(minimal delay)to LOS F(long delay).
Mode Split The percentage of persons in a group which choose to travel by one of a variety of
different modal choices such as auto,pedestrian,transit,and others.
Parking Generation The number of parking spaces occupied by one unit of measure(e.g.,per
employee, per apartment)sometimes calculated as parking generation rate in ITE's Parking
Generation Manual.
Pass-By Trips In the case of a new development,particularly retail establishments;certain
restaurants, banks,service stations,and convenience markets,trips are attracted from the passing
traffic on adjacent streets-that is,traffic already"passing by"the site. Thus,when forecasted trips
based on standard trip generation rates or equations are distributed,some reduction is made to
account for those trips.
Peak Hour The hour of the day ducting which the heaviest volume of traffic occurs on a roadway.
Often there is an a.m.and p.m.peak hour.
Practical Capacity Parking facilities are rarely completely full due to turnover and the difficulty in
finding the few remaining open spaces. For example,for retail customers,practical capacity is
8131,2009 Pago 27 TbA Colorado
Aspen Club Living
Tra c!m c►Strtd
generally 85%of the supply. For office cmpfoyees 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 for vehicles entering or exiting.
Shared Parking Parking space that can be used to service two or more individual land uses without
conflict or encroachment. The opportunity to implement shared parking is the result of two
conditions: variation In the peak accumulation of parked vehicles as the result of different activity
pattern of adjacent or nearby land uses(by hour,by day,by season);relationships among land use
activities that result in people's attraction to two or more land uses on a single auto trip to a given area
or development.
Signal Phase That part of a traffic signal's time-cycle allocated to a traffic movement(e.g.,left turns)
or a combination of movements receiving the right-of-way simultaneously.
SOV Single Occupant Vehicle
Traffic Warrants Criteria used to assess the necessity for traffic control devices(e.g.traffic signal).
Transportation Management
TDM-Transportation Demand Management
TMA-Transportation Management Association
TMO-Transportation Management Ordinance
TMP-Transportation Management Plan
VMT-Vehicle Miles Traveled
Trip A single or one-direction vehicle movement with either the origin or the destination(exiting or
entering)inside a study site.
Trip Assignment The assignment of vehicle PIP volumes to the roadway network and the
assignment of site-generated vehicle tt-1p volumes to individual driveways/roadways of the
development.
Trip Distribution The expected directional distribution of site-generated traffic on roadway links
and intersections within tite study area.
Trip Ends One trip end is equal to one trip. For trip generation purposes,total trip ends for a land
use over a given period of time are the total of all trips entering plus all trips exiting a site during that
designated time.
Trip Generation The number of trips generated by a development;sometimes calculated in h-1p
ends,as in ITE's Trip Generation Manual. Generally,trips both to and from a development are
counted.
V/C Ratio Volume to capacity ratio betiveen the flow rate of vehicles and/or people to the capacity
of a traffic facility.
Italicized terns within a definition are separately defined elsewhere by the glossary.
Sources: FDA Inc..ITE. Urban Land btstitute,Highway Capacity Manrtal,F!'A,AN.
8/311009 Page 28 TDA Colorado
EXHIBIT
Cartce tual Energy gv& i•A-9chanicaf S),sieina P!en;Aspen Ciuh
Aspen Club Living
Conceptual Energy &Mechanical Systems y ms Plan
1300 Ute Avenue
Aspen,Colorado
Resource Report prepared by:
Engineering Zack Gustafson
Group, Inc. August Easz P.E.
efficiency • sustain MY • simplicity Resource Engineering Group,Inc.
Table of contents November 24,2008
I
Section 1:Executive Summary
Section 2: Conceptual System Description
Section 3: Historical Data Breakdown
Section 4: Energy Savings Plan
Section 5:Final Development Energy Use Projections
Section 1: Executive Summary
Goal:
The total energy use of the entire 1300 Ute Avenue site after the Aspen Club Living
(AFL.)development is complete will be equivalent to or less than the site's recent
historic energy use.
Summary:
• Energy bills over the last three years average 18,600 million Btu/yr or 240 kBtu/sf
yr for the existing 77,000 sf building.The high energy use per square foot of the
existing site presents great opportunities for savings.
• New development requires a complete BVAC retrofit for the existing building.
Overall energy use for the existing building(including all site snowmelt)must be
reduced to 15,900 million Btu/yr or less to meet the stated goal.The remaining
2,700 million Btu will be allocated to the planned 73,000 sf of additional
residential space.
• New development must be designed for 38 kBtu/sf yr or lower for fractional
residential spaces and 34 kBtu/sf yr or lower for affordable housing spaces.
• This energy goal is within reach.A 20%reduction in energy use of the existing,
site would free up enough energy annually to supply all new residential spaces on
the site.The strategy for this reduction is addressed in Section 4.
Page 1
i
Conceptual Energy& Mechanic-P.1 Syateim) MOW Aspen C11"b
Section Z: Conceptual System Description
Whole site systems:
• A Ground-Source Heat Pump(GSHP)loop field under patios and the parking
structure will provide 100%of peak cooling and approximately 40%of peak
heating for the entire site.The loop field will consist of approximately 150
boreholes,200 ft deep and 15 ft apart.
• A campus-wide digital controls systems will allow advanced energy savings
strategies,remote access and monitoring,and energy use analysis.The systems
will also provide data for energy-use feedback to tenants.
Aspen Club building:
• Water-to-water and water-to-air GSHPs will provide space heating and cooling,
pool heating,and domestic hot water(DHW).
• A high efficiency condensing-modulating boiler array will provide an auxitliary
heat source for peak heating events.
• One or two larger air handlers using hot water coils for heating and evaporative
media for cooling will replace all of the existing air handlers in the main area of
the existing building.
• The lower level spa and massage rooms will be retrofitted with radiant hydronic
ceiling panels for heating and Energy Recovery Ventilators(ERVs)for
ventilation.
• New residential units in the Aspen Club building will have in-floor radiant tubing
for heating and fan coil units for cooling.Water-to-water GSHP units connected
to the central loop field will provide hot and cold water for heating and cooling.
Individual GSHPs for each unit will allow for energy use sub-metering.
•' Solar thermal collectors were not included in this round of modeling but could
provide heat for DHW requirements and offset pool energy use.
Affordable housing units:
• The new affordable housing units will have in-floor radiant tubing and water-to-
water GSHPs attached to the central loop field for heating.Individual GSHPs per
unit will allow sub-metering of the living units,No cooling will be provided for
these units.
Town 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 hot and cold water for heating and cooling.Individual GSHPs will allow
for energy use sub-metering.
Page 2
r-OtIceptuai inPrgy$ Mechanlcal,Varems Phan:aspen club
Section 3: Historical Energy Use Breakdown
Existing Site Energy Use
18,600 Million Btu/yr
Snowmelt
3%
Tennls bubble
heating
7%
Pool Heating
9%
Ughting &Plugs
19%
I
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-10 model based on occupancy patterns.
• DHW:Most of the heated water used on site is used for showers and laundry.We
calculated annual DHW energy use from overall water use,trends in facility use
and occupancy,and estimated end-use water temperature.
• Pool heating:We created an Energy-10 model based on the existing pool
envelope to approximate yearly use.The air-handler is not currently operational
and was not modeled.All heating energy is provided by the pool and spa boilers.
• Tennis bubble:We created an Energy-10 model to approximate yearly energy
use.The model used the approximate dimensions of the bubble,an R-value of 1.7
for the material,a temperature set point of 50°F,and the observed nameplate input
and output of the bubble's dedicated air handler(80%efficiency).
• Snowmelt: We modeled yearly energy use for snowmelt based on Aspen-Pitkin
Energy Code calculations.We used the nameplate rating of the snowmelt boiler
and assumed 821 hours per year of runtime,125 btu/h-sf energy use.Snowmelt
area was modeled at approximately 2500 sf.
i
Page 3
i
Conceptual Energy& I+s??chai,f,?�I�/stems plan:Aspen Club
i
Section 4: Energy Savings Plan
Reductions to energy use in the existing Aspen Club will come from several different
areas using a combination of different methods.
Space heating&cooling:
The breakdown of the existing 20000 Existing Gub Space Heating
energy bills shows an average 41 AM energy uses
energy use of 7,450 million 15000
Btu/yr of natural gas and 797 savings
million Btu/yr of electricity to w rSpace heating e
heat and cool the existing c 10000 ........ cooling .........
building.This represents 45%of
the total use.Using the heating 5000 -
system described in Section 3,
our analysis shows a 68% 0
reduction in the energy required Total site Existing Use Reduced Use
for space heating resulting in Energy
5,625 million Btu/yr or 30%
savings in total energy use for the existing building.Cooling energy will increase slightly
to meet cooling demands of the existing club.The increase is extremely small due to the
use of primarily evaporative cooling.
Lighting and plug loads: Existing Club Lighting and Plug Loads
Energy use by lights and 20000
equipment totals 3,523 million z'An energy uses
- _
Btu/yr(1033 MWh/yr),or about ls000 "
•r3: � i
19%of total yearly energy use.
>.15000 r � issavings
This can be reduced as part of m N. . ` ........ Lighting 8 plugs
c 10000 ;�N .
the renovation using lower c � y �
wattage lighting and control = i
strategies that turn of lights and 5000.
.. .. .v.... . ............. . .
7i 3'----
equipment when they are not in ;L 3,5 23
2,&10
;;�
use.A 20%reduction in lighting o
and plug loads in the existing Total Site Existing Use Reduced Use
building results in 713 million Energy
Btu/yr,or an additional 4°7o savings in overall energy use.
Page 4
1
1
Cnncept+.rat Fperay& Mechanlcal Svstema plan:A$,W Club
DHW:
The energy spent heating water 20000 Existing Club DOmestic Hot Water
for domestic use represents
3,170 million Btu/yr or about EAU energy uses
15000
18%of the total site energy.The �
�' <;Sevings
majority of this is for laundry n�Hw
and showers.Using GSHPs,we a 10000 """"" .........
can reduce energy use by 50%,
which results in a savings of 5000 •--•-----••----•-••••-••.............
1,670 million btus/yr or 9%of
the overall energy use.Solar o j
thermal panels were not Total Site Existing Use Reduced Use
modeled,but could provide Energy
additional energy savings.This technology would be especially appropriate given the
year-round nature of DHW energy use in the club.
Pool heating and ventilation: Existing Club Pool Heating
The development plan includes 20000
a major renovation to the pool
facility.A new building 15000-
envelope and air handling 5!Ad energy uses
system will greatly incre ase m 10000 ...........................
61 Pool heating
indoor air quality and thermal a _ .
.•........
comfort in the space,but will
result in a small increase in pool E 5000 . . - .....................................
energy use.Solar thermal panels R' 1,733 1,860
were not modeled,but could 0 `J
provide additional energy Total Site Existing Use Incresed Use
Savings. Energy
Tennis bubble: Existing Club Tennis Bubb)
Discarding the tennis bubble 20000 e -
and its heating system,as
eB Ad energy uses
planned,represents a 7%0
savings.The bubble is a fairly 15000_ _ JIM Savings """" i
simple structure with a R — %TennIn bubble
10000 t
straightforward heating system o � .
z
and is easily modeled.Our
5000 E —.-- --------------•----.......... ..
model predicts an average •-•-.{
energy use of 1,224 million 1,327 1,327
Btu/yr of natural gas and 103 0
million Btu/yr of electricity for Total Site Existing Use Reduced Use
fans and lighting.This is based Energy
on the optimistic 80%nameplate efficiency of the existing heating system,continuous
conditioning to 50°F,and a generous R-13 insulation value for the skin of the bubble.
Page 5
Concepluai Enei•r3y& Mechanical Svst(-ni.a Plan:Aspen Club
Snowmelt: Exlattng Club Snowmen
The proposed area for snowmelt 20000
is 550%greater than the
existing area,increasing the rso00 ......... R fiJ
energy used.We estimated the energy uses
increased use with calculations °�° t0000 ■snowmelt
......... ........... _ ..........
based on the Aspen-Pitkin
Energy Code and historic 50100 ...................................
snowfall data for the Aspen
area. Sal
0
Total site E)dsUng Use Increased Use
Energy
Energy Savings Plan Summary:
The above savings measures in addition to increased energy use for pool heating and
snowmelt,yield a total energy savings of 6,370 million Btu/yr or 34%over recent historic
energy-use.This represents enough energy to supply the planned new development as
well as a cushion to absorb small changes in construction design,and allow for variability
in energy use patterns of club guests and residential tenants.
Projected Site Energy Use
18,600 Million Btu/yr
Space heating &
cooling
14%
I
Snowmelt
18% Lighting &Plugs
15%
Tennis bubble
heating
o% Pool Heating
10%
Page 6
C'Mcep?t ai Energy M(Xhvn►caf!�,yasema nlcr: Aspen glut;
Section 5: Final Development Energy Use
New Energy use
Affordable 18,600 Million Btu/yr or less
housing
2%
Townhomes��-'J
8%
Club residential
units -j
3%
The energy use of the affordable housing,town homes,and club residential units shown
in the graph above are based on Energy-10 models developed from planned construction
design.System design was modeled as outlined in Section 2.The town homes as modeled
will require 39 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 square feet of residential space while
using the same or less annual site energy is achievable.We believe these results are
conservative.Detailed calculations and modeling results are available for review upon
request.The 21%overall savings shown above represents the cushion to absorb
differences between planned energy use and the actual future energy use of the site.
Page 7
6P4WUM
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FINAL PUD l SPA APPLICATION OG
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Ordinance 2,Series of 2010
Exhibit F
Aspen Club Living
Envisioned Programming
May 11,2010
Aspen Club Living will enable us to create a broad range of exceptional programming
that will be available to members, Aspen locals, residence owners and weeklong visitors.
Much of the programming will be available throughout the year, while some of the
special programs below will be run only during certain weeks of the year. As part of the
new Aspen Club Living residences we will develop cutting edge healthy living programs.
Below are examples of the types of programs we are planning to create over time at
Aspen Club Living:
Armen Club Peak Performance Program
Aspen is a town that is passionate about sports. Aspen Club Living will offer continual
programs for members and non-members to work toward their peak personal
performance.
The Aspen Club Peak Performance Program is the chance to take your game to the next
level, whether you're a novice or professional athlete. With guidance from your own
personal team of expert coaches, you'll sharpen the skills, abilities and mindset needed to
improve all aspects of your performance.
Whether you want to improve your skills, run faster,climb higher, bike harder, train more
efficiently, enhance concentration, learn to relax or find your way to the perfect putt, our
integrated professional team will coordinate efforts and expertise to boost your athletic
performance.
The basic Aspen Club Peak Performance Program will include these core elements as
modules for specific performance areas:
• Pre-program interviews with a program guide
• Initial consult with a program guide
• 50-minute Sports Medicine consultation
• Laboratory testing
• DEXA Body Composition
• V02 Min/Max
• Metabolic testing
• Two exercise physiology consultations(testing strength and flexibility)
• Nutrition consultation
• Two Performance Enhancement sessions
• Final wrap-up session with a program guide
Ordinance 2,Series 2010 Exhibit F, Programming Information
Page 1 of 6
Ordinance 2,Series of 2010
Exhibit F
The program will then be tailored to the goals of each participant with additional
activities and services. The Peak Performance Program is an ongoing program that will
build on our existing expertise in Sports Performance and experience in training world
class athletes.
Aspen Club Health Programs
Though the Aspen Club Living project we will look to develop programs that delve into a
specific health topic with a customized experience, lasting from one week to many years,
that addresses your concerns and starts locals and visitors alike on their healthiest path.
Aspen Club Living will offer continual programs for members and non-members to focus
on specific issues affecting their health. Specific programs could include:
Aspen Club Stress Management
With our Aspen Life Stress Management program, you'll learn how to control
your body's response to stress with a basic prevention evaluation, heart rate
variability test, and behavioral health consultations.
Aspen Club Wei ht Management
Permanent weight loss and maintenance depend on following a long-term plan.
We can develop the best strategies for you. This program includes a
comprehensive medical/nutrition weight-loss consultation, exercise for weight
loss session and a behavioral health consultation.
Aspen Club Executive Health Program
Give yourself the best chance at a healthy future with an extensive, in-depth
Aspen Life executive health program. Spend one-on-one time with top
professionals at the Aspen Club, exploring all aspects of your well-being profile.
You'll take away a full health assessment and practical strategies developed from
an integrative perspective, including nutrition, fitness, lifestyle and preventive and
considerations of heredity and preference.
Aspen Club-Living with Diabetes Program
Living with Diabetes can be a challenge. Let an experienced team of Aspen Club
professionals work with you to unravel the mysteries of blood glucose levels,
exercise and healthy eating. Learn how to effectively manage your diabetes and
enhance your ability to live a healthy life.
Aspen Club Integrative Medicine Program
Ordinance 2,Series 2010 Exhibit F, Programming Information
Page 2 of 6
Ordinance 2,Series of 2010
Exhibit F
We will develop a comprehensive integrative medicine package that is ideal for
people with multiple medical issues or symptoms or those who need more
education on using this approach. You will meet with a physician and nutritionist
who will offer recommendations and prepare a personalized integrated treatment
plan.
We envision that all of these programs would be run on a continual basis with certain
weeks of the year scheduled for very specific seminars and retreats focusing in defined
areas.
Aspen Club Living,.—Cornorate/Professional Snorts Team Retreats
Currently the Aspen Club does a limited number of corporate retreats each year. We plan
on growing this capability to create a corporate/professional sports team retreat program
for local and national businesses that will energize, inspire and bring out the best in every
participant. Aspen is an ideal setting for business meetings, strategic planning sessions,
executive retreats and incentive vacations.
Whether the goal is team-building or just taking time away from the harried workplace
after a long season, this will be a relaxing health retreat environment that helps
participants reach their personal and professional potential. Aspen Club Living can
create an experience that each team will never forget including;
Group Experiences. Teams will learn about themselves and one another in
enlightening workshops and experiences while having access to world class
restaurants and activities.
Team-Building Adventures. Teams will get to know each other in different ways
through outdoor activities including hiking, biking, rock climbing, white water
rafting, skiing, snowshoeing and parasailing.
Healthy Lifestyle Suggestions. Companies can encourage busy staff members or
clients to take time for their health.
Choices & Opportunities. Teams can explore various aspects of wellness and
lifestyle through consultations with Aspen Club experts. Concentrate on
relationships,productivity, wellness in the workplace, and more.
High End Sports Training.
Aspen Club Living—Life Enhancement Program
Ordinance 2,Series 2010 Exhibit F, Programming Information
Page 3 of 6
Ordinance 2,Series of 2010
Exhibit F
We will look to develop programming where customers can immerse themselves in the
exhilarating, all-healthy, change-your-life experience of the Aspen Club Living — Life
Enhancement Program. This weeklong program will inspire and educate people about
their astounding possibilities. Whether participants have a specific medical concern or
just want to learn more about healthy living, they will find the perfect balance of physical
activity, private time and workshops tailored to their interests.
The Life Enhancement Program focuses on self-discovery, preventive and supportive
care, and the development of positive lifestyle habits. This will be one of the core
programs for our members and for residence owners. In addition, there will be special
weeks and programs in which guests can explore a targeted wellness concern. They will
have an invigorating, unforgettable experience and, most important, they'll learn how to
keep that healthy feeling for life.
The Life Enhancement Program is an organized, in-depth approach to healthy living —
which means staying fit, having fun, finding balance and becoming more of the person
you want to be.
Participants in this program will enjoy a lively and engaging schedule including exercise,
hands-on classes, workshops and group discussions. The schedule also gives participants
flexibility to explore their personal interests as well as the magic of Aspen.
Life Enhancement Program includes:
• Classes, workshops, group discussions and fitness activities
• Medical evaluation during the program and personal time with a physician to review
results
• Group exercise classes
• Spa services
•Nutritionally balanced gourmet meals each day
• Use of all Aspen Club facilities
Examples of envisioned programs include within Life Enhancement:
Heart Health
This weeklong program is for people who are at risk for heart disease or have had
a heart attack can learn strategies for taking a more active role in prevention and
recovery.
Aspen Women's Retreat
Ordinance 2,Series 2010 Exhibit F, Programming Information
Page 4 of 6
Ordinance 2,Series of 2010
Exhibit F
This weeklong program is developed for women in midlife and focuses on issues
such as life balance, developing and enjoying a healthy lifestyle, understanding
your body's changes and dealing with unexpected challenges.
Thriving with Arthritis
This weeklong program is focused on helping people with arthritis, fibromyalgia,
osteoporosis, and lupus enjoy a more active lifestyle through a combination of
exercise, nutrition and stress management.
Optimal Aging
This weeklong program explores how to live better longer with the right combination of
diet, exercise and stress management.
Oneoine Workshops,Retreats and Seminars
We will hold an array of weeklong workshops for yoga, Pilates, meditation, cancer
survivors, biking,hiking, skiing, snowboarding, orienteering, mountaineering, etc.
The new residences provide a residential base to develop destination programs focusing
on a myriad of health and lifestyle opportunities. These programs will be open to our
members and the general public.
The Aspen Club is an ideal setting for these types of retreats. Similar to our focus of
creating a community with our residence owners, we envision these programs creating a
devoted community of followers who come back annually to Aspen and their newfound
friends.
Ordinance 2,Series 2010 Exhibit F, Programming Information
Page 5 of 6
Ordinance 2,Series of 2010
Exhibit F
Aspen Club Living
Outdoor Programming
The Aspen Club currently has one space for outdoor classes such as Yoga, Pilates and Tai
Chi and an outdoor deck for events and parties. With the remodel of the Aspen Club we
are looking to expand from two areas to three areas for outdoor programming. Given the
short summer season and cold mornings deep into the spring and starting in the early fall,
the realistic season for summer programming is short - roughly three months.
In the current Club configuration, we are planning three very different outdoor areas.
The first outdoor space planned into the remodeled Club is an upgraded deck for events
and parties. This will be similar to the current outdoor deck, with a lower and upper area
and will allow us to have fun gatherings with up to 200 people in a beautiful outside
setting. It is directly connected to the Club and will allow easy access for our members
and guests. The second space will be a multipurpose outdoor exercise area on a rooftop
garden over the existing entrance to the Club. This space will allow us to do outdoor
exercise classes, such as body pump and aerobics, and outdoor personal training and its
proximity to the building will allow for plenty of storage of fitness equipment. Finally
we are planning a neat Yoga, Pilates and Tai Chi area in a secluded spot between units 6
and 7. The location of this space will allow the Yoga, Pilates and Tai Chi classes to be
conducted away from the Club and connect to the outdoors, especially the river. One of
the things we have found, especially with Yoga and Pilates classes, is that participants
like a sense of privacy while they are practicing. Getting in and out of certain poses can
be difficult and awkward and having the outdoor Yoga and Pilates area slightly secluded
and away from foot traffic, yet connected back to the river creates a very appealing
location. The three spaces give us plenty of flexibility to offer exciting outdoor
programming in the summer and given all of the other outdoor activities available right
from the Club, such as the Northstar Preserve and the Ute Trail, we don't envision the
need for further outdoor spaces on site.
In the primary alternative configuration, for the Club, the rooftop garden and the deck for
events will remain in their existing locations. The Yoga, Pilates and Tai Chi classes will
move to an area between the pathway to the Club and unit 6. The exercise area will be
approximately the same size as the requirements for the space do not change. It will be
on the path to the Club. This location is a less functional as it is not as private and will
not be the secluded environment that participants in Yoga and Pilates want. The area
between the path and unit 5 will be landscaped with trees and shrubs.
The weather will be beautiful and we're taking summer fitness outdoors! You will
absolutely love exercising at these beautiful locations! We invite you to enjoy the beauty
of nature, nurture your spirit, indulge all your senses, breathe in the fresh air, become
enveloped by the gently filtered sunlight through the trees, and listen to the soothing
sounds of the Roaring Fork River. We hope you'll join us outdoors at the Aspen Club
throughout the summer.
Ordinance 2,Series 2010 Exhibit F, Programming Information
Page 6 of 6
E HIBIT
RESOLUTION N0. 17,
(SERIES OF 2011)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION
APPROVING FINAL COMMERCIAL DESIGN, FOR THE DEVELOPMENT OF SUB-
GRADE PARKING, TWENTY TIMESHARE UNITS, AND TWELVE AFFORDABLE
HOUSING UNITS FOR THE PROPERTY LOCATED AT 1450 CRYSTAL LAKE ROAD
(THE ASPEN CLUB), LEGALLY DESCRIBED AS LOT 15 OF CALLAHAN
SUBDIVISION,CITY OF ASPEN, PITKIN COUNTY,COLORADO.
Parcel ID.2737-181-32-019
WHEREAS, 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 Commercial Design Review for a subgrade garage, twenty(20)timeshare units
and twelve(12) affordable housing units, and to redesign existing commercial spaces;and,
WHEREAS, the Applicant received Conceptual Commercial Design Review from the
Planning and Zoning Commission on April 1,2008 via Resolution 9, Series of 2008;and,
WHEREAS, the Applicant received final Specially Planned Area (SPA), final Planned
Unit Development (PUD), final Timeshare, Stream Margin, Affordable Housing Growth
Management Allotments, Multi-Year Growth Management Lodge Allotments, Rezoning, and
Subdivision, to develop a sub-grade garage, twenty (20) timeshare units and twelve (12)
affordable housing units, and to redesign existing commercial spaces, from the Aspen City
Council on June 1,2010 via Ordinance 2, Series of 2010; and,
WHEREAS, the Applicant requests approval by the Planning and Zoning Commission
for Final Commercial Design Review; and,
WHEREAS, upon initial review of the application and the applicable code standards, the
Community Development Department recommended approval of the application; and,
WHEREAS, during a duly noticed public hearing on September 6, 2011, the Planning
and Zoning Commission approved Resolution No. 17, Series of 2011, by a five to zero(5—0) vote,
approving Final Commercial Design Review; and,
WHEREAS, the Planning and Zoning Commission 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 Community Development Director, and
has taken and considered public comment;and,
WHEREAS, the Planning and Zoning Commission finds that the development proposal
meets or exceeds all applicable development standards;and,
RECEPTION#:582728, 09/1412011 at
09:40:14 AM, Resolution No 17,Series 2011
1 OF 9, R $51.00 Doc Code RESOLUTION Page I of 2
Janice K. Vos Caudill,Pitkin County, CO
WI IEREAS,the Planning and Zol1ing Commission finds that this resolution turtllers and is
necessary for the promotion of public health,safety, and welfare.
NOW, 'l[EREFORK HE IT RESOLVED BY THE PLANNING. ANI) ZONING
COMMISSION OF THE CITY OF ASPFN,COLORADO TIIAT:
Section I:
Pursuant to the procedures and standards set forth in 'title 26 of the Aspen Municipal Code, the
I'lannutg and Zoning Commission hereby approves l'inal Commercial Design Review for the
redevelopment of the Aspen Club (originally approved in Ordinance 2, Series of 2010), as
illustrated in Fxhibit A. In addition, the materials shall be consistent in quality and color among
the different uses on the site.
`section 2:
All material representations and conm►itmcnts 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 billy set forth herein, unless
amended by an authorized entity.
4iection 3•
This Resolution shall not affect any existing litigation and shall not operate as in 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 ordinanccs.
`section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
hold 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
retraining portions thereof.
APPROVED BY the Planning and Zoning, Commission of the City of Aspen on this 6th day of
September, 201 1.
1:xhibit A: Approved Counncreial 0mig it Review flints
A11PROV1,A) A°°TO VOUIVI: 11,ANN(NG AN1) '/JWINC
.l&vA 'l/...1�e '> �f
.tckie Lothian, llepuiy d_:iiy Cledi
Resolution No 17,Series 2011
Page 2 of 2
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EXHIBIT
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DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order,hereinafter"Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and
Section 26.308.010, "Vested Property Rights",of the City of Aspen Municipal Code. This Order allows development of a
site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective'date of
this Order shall also be the initiation date of a five-year vested property right. The vested property right shall expire on the
day after the fifth anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section
26.304.075,or unless an exemption,extension, reinstatement, or a revocation is issued by City Council pursuant to Section
26.308.010. After Expiration of vested property rights,this Order shall remain in full force and effect,excluding any growth
management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code
adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific development plan as described
below.
Aspen Club&Spa LLC 1450 Crystal Lake Road Aspen CO 81611 (970)925-8900.
Property Owner's Name,Mailing Address and telephone number
LOT 15 CALLAHAN PUD& SUBDIVISION CITY OF ASPEN COUNTY OF PITKIN STATE OF
COLORADO 1450 C stal Lake Road Parcel ID 2737-181-32-019
Legal Description and Street Address of Subject Property .
The applicant has received approval to constntct 20 timeshare units 12 affordable housin units and an
under round arking garage,and to subdivide the prope into five 5 tots as outlined in Ordinance 2 Series of
2010. The applicant received final Commercia] Desi A roval from the Plannin and Zonin Commission for
said improvements, ursuant to Resolution 17 Series of 2011.
Written Description of the Site Specific Plan and/or Attachment Describing Plan
eview and Strem
C A n nZonin Commission Affordable Housing Growth Management R
Mar in Review Resolution 15 Series of 2009.
Aspen City Council Approval,Final PUD SPA Timeshare Multi-Year Growth Mana ement Allotments for 124
Lodge Pillows Rezoning-Subdivision and Vesting for five ears Ordinance 2 Series of 2010.
Cily of As en Plannin and Zoning Commission ARprovalApgroval of Final Commercial Desip Review.
Resolution 17 Series of 2011.
Land Use Approval(s)Received and Dates(Attach Final Ordinances or Resolutions)
September 17 2011
Effective Date of Development Order(Same as date of publication of notice of approval.)
September 17 2016
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and
revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.)
Issued his 12`h day of September,2011, by the City of Aspen Community Development Director.
0
Chris *enon,Community Development Director
EXHIBIT
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UNIT 17 UNIT 16 UNIT 15
(3 BED) (3 BED) (3 BED)
ASPEN CLUB LIVING
Aspen,CO
PASS
� O � Enlarged Floor Plans- Upper Level Club Units AMENDED PUD/SPA APPLICATION 11
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Routing Status Fees j Fee Summary Main Actions I Attachments Routing History Valuation Arch DEng Custom Fields I Sub Permits 1
mit type aslu Aspen Land Use Permit# 0051.2012.ASLU
Address 1450 CRYSTAL LAKE RD AptJ5uite
City ASPEN Skate CC' Zip 81611
Information
ter permit Routing queue aslu07 Applied 8`161 012
Project Status pending Approved
Description APPLICATION FOR INSUBSTANTIAL PUD AND SPA AMENDMENT-GMGS-Fl Issued
FINAL SPA
FOR THE ASPEN CLUB LIVING ClosedrFinal C�
witted SUNNY VANN 925 6958 Clock Running Days 70J Expires 811 1 1101 3
Submitted via
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Last name ASPEN CLUB SFA LLC First name 1450 CRYSTAL LAKE RD
ASPEN CO 81611
Phone O - Address
pllcant
❑Owner is applicant? 0 Contractor is applicant?
Last name ASPEN CLUB LIVING First name 1450 CRYSTAL LAKE RD
Phone (9 70)925-8900 Cust# 29342 Address ASPEN CO 81611
Lender
Last name First name
Phone ( ) Address
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