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HomeMy WebLinkAboutcoa.lu.sp.1450 crystal lake rd record docs 0077.2013 10 THE CITY OF ASPEN FILE I OF 3 City of Aspen Community Development Department CASE NUMBER 0077.2013.ASLU PARCEL ID NUMBERS 273718132019 PROJECTS ADDRESS 1450 CRYSTAL LAKE ROAD PLANNER JESSICA GARROW CASE DESCRIPTION ASPEN CLUB & SPA RECORDATION DOCUMENTS REPRESENTATIVE SUNNY VANN DATE OF FINAL ACTION 6.30.14 CLOSED BY ANGELA SCOREY ON: 7.2.14 RECEr-JN#: 610263, 05/13/2014 at 10:40: M, 1 OF 96, R $486.00 Doc Code SUB AGREE Janice K.Vos Caudill, Pitkin County, CO ASPEN CLUB & SPA SUBDIVISION/PUD/SPA AGREEMENT THIS ASPEN CLUB & SPA SUBDIVISION/PUD/SPA AGREEMENT (the "Subdivision/PUD/SPA Agreement") is made and entered into this [� day of MAC 2014, by and between THE CITY OF ASPEN, COLORADO, a municipal corporation (hereinafter referred to as "City"), and ASPEN CLUB & SPA, LLC, a Colorado limited liability company (hereinafter referred to as "ACS"), WITNESSETH: WHEREAS, ACS has submitted to the City an Application for Final PUD/SPA Development Plan approval (the "Application") for that certain property in the City of Aspen, Colorado more particularly described on Exhibit A attached hereto and made a part hereof by this reference (the"Property"), which Application requests the approval, execution and recordation of a Final Plat of Aspen Club & Spa Subdivision/PUD/SPA (the "Final Plat"); and the approval and recordation of a Final PUD/SPA Development Plan and related documents (collectively, the "Final PUD/SPA Development Plan"); and WHEREAS, City has fully considered the Application, the Final Plat, the Final PUD/SPA Development Plan, the proposed development and improvement of the Property, and the effects of the proposed development and improvement of said Property on adjoining or neighboring properties and property owners; and WHEREAS, City has imposed certain conditions and requirements in connection with its approval, execution and recordation of the Final Plat and its approval and recordation of the Final PUD/SPA Development Plan, such matters being necessary to protect, promote and enhance the public safety, health and welfare; and WHEREAS, ACS is willing to acknowledge, accept, abide by and faithfully perform the conditions and requirements imposed by City in approving the Application, the Final Plat, and the Final PUD/SPA Development Plan; and WHEREAS, under the authority of Sections 26.445.070.C. and 26.480.070.C. and D. of Title 26, Land Use Regulations, of the Aspen Municipal Code, City is entitled to certain financial guarantees to ensure (i) that the required public facilities are installed and (ii) that the required landscaping is implemented and maintained, and ACS is prepared to provide such guarantees as hereinafter set forth; and Page 1 WHEREAS, contemporaneously with the execution and recording of this Subdivision/PUD/SPA Agreement, City and ACS have executed and recorded the Final Plat in Plat Book/ D�at Page_�7 as Reception No. �v1b2G,�and City and ACS have recorded the Final PUD/SPA Development Plan as Reception No. <::WaZG�both in the Office of the Clerk and Recorder of Pitkin County, Colorado. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the approval, execution and acceptance of the Final Plat and the approval and acceptance of the Final PUD/SPA Development Plan for recordation by City, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE I PURPOSE AND EFFECT OF SUBDIVISION/PUD/SPA AGREEMENT 1.1 Purpose. The purpose of this Subdivision/PUD/SPA Agreement is to set forth the complete and comprehensive understanding and agreement of the parties with respect to the renovation of the Aspen Club & Spa (the "Club"), the development of new timeshare lodge units and affordable housing units on the Property, and to enumerate all terms and conditions under which such activities may occur. 1.2 Effect on Prior Instruments and Approvals (Article VI Below). It is the intent of the parties that this Subdivision/PUD/SPA Agreement, together with the Final Plat and the Final PUD/SPA Development Plan, shall and do hereby effectively amend and supersede all inconsistent terms and provisions of those certain previously recorded subdivision and planned unit development agreements, plats, and land use approvals as they may affect the Property, as more specifically defined and described in Article VI below (collectively, the "Prior Instruments and Approvals"). City and ACS agree to cooperate in the execution and recording of such further documents (if any) as may be determined in future to be necessary or appropriate to accomplish the amendment and superseding of any such inconsistent terms and provisions of said Prior Instruments and Approvals as they affect the Property. Furthermore, in the event of any inconsistency between the provisions of the Approvals described in Section 2.1 below and the provisions of said Prior Instruments and Approvals, the provisions of the Approvals described in Section 2.1 below shall govern and control. 1.3 Termination of Detached Residential Development Right. The right to build detached residential dwellings on the Property (Lot 15 of the Callahan Subdivision/PUD, as further subdivided herein) is hereby terminated. Page 2 ARTICLE II ZONING AND REGULATORY APPROVALS 2.1 Approval Actions. (a) Aspen Planning and Zoning Commission Resolution No. 15 (Series of 2009) approved October 20, 2009 and recorded October 28, 2009 as Reception No. 563998 granted Stream Margin Review approval for the Project (as defined below) and a growth management allotment for the Project's twelve (12) affordable housing units. (b) City Council Ordinance No. 2 (Series of 2010) approved July 1, 2010 and recorded July 6, 2010 as Reception No. 571827 granted Final PUD/SPA development plan approval for the development of twenty (20) timeshare lodge units and twelve (12) affordable housing units on the Property, the reconfiguration and renovation of the existing Aspen Club & Spa building (the "Club Building"), and the construction of a fifty-four (54) space subgrade parking garage on the Property (collectively, the "Project"). Ordinance No. 2 also (i) rezoned the Property to Specially Planned Area (SPA) Overlay, (ii) granted subdivision approval to subdivide the Property into five (5) separate lots (two Townhouse Lots, one Club Unit Lot, one AH Unit Lot, and the Club Lot); (iii) granted a.growth management quota system allotment for one hundred twenty four (124) lodge pillows; and (iv) granted approval to condominiumize the timeshare lodge units and to sell the timeshare lodge units pursuant to a timeshare use plan (the "Fractional Ownership Plan"). (c) Aspen Planning and Zoning Commission Resolution No. 17 (Series of 2011) approved September 6, 2011 and recorded September 14, 2011 as Reception No. 582728 granted Final Commercial Design Review for the Project. (d) The Development Order for the above-described Approvals was issued by the Aspen Community Development Department (COMDEV) on September 12, 2011, with an Effective Date of September 17, 2011. (e) Aspen Planning and Zoning Commission Resolution No. 16 (Series of 2012) approved September 18,2012 and recorded September-28, 2012 as Reception No. 592664 granted an additional six (6) lodge pillow GMQS allotment to permit the reconfiguration of the two (2) previously approved 2-bedroom Club Units as 3-bedroom units and the future conversion of the timeshare sales office to a new studio Club Unit. (f) COMDEV Notice of Approval issued on September 24, 2012 and recorded January 14, 2013 as Reception No. 596102, approving the PUD and SPA Amendment for the Project to allow for the conversion of two Page 3 2-bedroom Club Units into 3-bedroom units and the creation of one new studio Club Unit, resulting in a total of 21 timeshare lodge units. (g) Aspen Planning and Zoning Commission Resolution No.24 (Series of 2012) approved December 18, 2012 and recorded January 8, 2013 as Reception No. 595908, approving a Commercial Design Review Amendment for the Project as illustrated on Exhibit A to the Resolution. (h) COMDEV Notice of Approval issued on July 12, 2013 and recorded July 24, 2013 as Reception No. 601690, approving certain Administrative PUD and SPA-Amendments involving various minor changes to the building, site plan, materials, and internal space design of the Project, as detailed in the Approval and on the drawings attached thereto as Exhibit A, and including approval of a Stream Margin Exemption for a proposed Aspen Consolidated Sanitation District (ACSD) sewer alignment on the Property. (i) The Development Order for the Approvals described in (e) through (h) above was issued by COMDEV on July 12, 2013 with an effective date of July 25, 2013. (j) Aspen Planning and Zoning Commission Resolution No. 5 (Series of 2014) approved April 15, 2014 and recorded May 2, 2014 as Reception No. 610004, approving a PUD Amendment that increased the allowable floor area for the Club Building on Lot 15-A from 31,870 square feet to 47,595 square feet. The Resolution also permitted retaining walls to exceed 30 inches above grade, and the adjustment of final grade by more than 30 inches, along the eastern-most property line as illustrated on Exhibit A to the Resolution. (k) COMDEV Notice of Approval issued on April 23, 2014 and recorded April 25, 2014 as Reception No. 609754, approving the height of certain site retaining walls as illustrated on Exhibit A to the Notice; a stream margin exemption for certain improvements depicted on Exhibit B, Approved Stream Margin Plan; and a Document/Plan/Fee Submission Schedule for the Project attached thereto as Exhibit C. (1) The Development Order for the Approvals described in 0) and (k) above was issued by COMDEV on April 23, 2014 with an effective date of May 1, 2014. 2.2 Development Orders Control. The provisions of the above-described Approvals, including the Development Orders, are incorporated herein and made a part of this Subdivision/PUD/SPA Agreement. To the extent that matters addressed in such Approvals (including the Development Orders) are also addressed in this Subdivision/PUD/SPA Agreement, the provisions of the Approvals and the Development Orders shall control. Page 4 2.3 Dimensional Requirements. Section 4 of Ordinance No. 2 (Series of 2010), as amended in Section 6 of the COMDEV Notice of Approval referenced in Section 2.1(h) above and in Section 1 of Resolution No. 5 (Series of 2014) referenced in Section 2.10) above, established and approved the following dimensional requirements for the Project: (a) Minimum Lot Size (Sq. Ft.) Lot 15-A 152,670 sq. ft. Lot 15-B N/A Lot 15-C 19,451 sq. ft. Lot 15-D 31,654 sq. ft. Lot 15-E 11,459 sq. ft. (b) Minimum Lot Area Per Dwelling Unit Lodge No Rqmt. Multi-Family No Rqmt. (c) Maximum Allowable Density (Units) Lodge Units 21 Lodge Pillows 130 Affordable Housing 12 (d) Minimum Lot Widths — As Depicted on Final Plat (e) Minimum Setbacks (Feet) (all front yard setbacks are measured on the south side of the Lots; all rear yard setbacks are measured on the north side of the Lots; all side yard setbacks are measured on the east and west sides of the Lots, respectively. Lot 15-A Front Yard Above Grade 29.25 feet Below Grade 5 feet East Side Yard Above Grade 0 Below Grade 0 Page 5 West Side Yard Above Grade 60 feet to building, 5 feet to garage, 20 feet to garage stair Below Grade 5 feet Rear Yard 25 feet Lot 15-B Front Yard N/A East Side Yard N/A West Side Yard N/A Rear Yard N/A Lot 15-C Front Yard 10 feet East Side Yard 10 feet West Side Yard 20 feet Rear Yard 10 feet Lot 15-D Front Yard 5 feet South Side Yard 0 West Side Yard 10 feet East Rear Yard 20 feet North Rear Yard 10 feet Lot 15-E Front Yard 7.5 feet East Side Yard 5 feet West Side Yard 0 Rear Yard 10 feet (f) Maximum Height (Feet) 28 feet for all uses (all heights shall be measured from and lots finished grade) (g) Minimum Distance Between Buildings No Rqmt. (h) Minimum Required Pedestrian Amenity Space No Rqmt. Page 6 (i) Maximum Allowable Floor Area (Sq. Ft.) 110,475 (total) Aspen Club & Spa 47,595 Townhouse Units 34,410 Club Units 16,080 Affordable Housing Units 12,390 (j) Maximum Allowable Commercial Net Leasable Area (Sq. Ft.) 63,199 (k) Minimum Required Off-Street Parking 133 spaces total Lodge Units - 21 spaces Aspen Club and Spa — 95 spaces (60 spaces on Lot 15-A; 35 spaces on Lots 14A and 14W) AH Units — 17 spaces 2.4 Vested Rights. Under Development Order of the City of Aspen Community Development Department issued September 12, 2011 with an effective date of September 17, 2011 (the "Development Order"), the right to undertake and complete the development and use of the Property pursuant to the terms and conditions of the site specific development plan for the Property is vested until September 17, 2016, and shall not be altered, impaired, diminished or delayed by any subsequent zoning or land use action that is prohibited by Section 24-68-105(1) of the Colorado Revised Statutes. In accordance with the requirements of CRS Section 24-68-103(b), a properly noticed public hearing concerning the establishment of such vested rights for the Property was conducted on July 1, 2010. As authorized by CRS Section 24-68-102(4)(a), City and ACS agree that the site specific plan for the Property consists of and includes, but is not limited to, the number, permitted size, and configuration of the Townhouse Units, the Club Units, the Affordable Housing Units, the parking spaces, and the other spaces and areas in the Project; all other matters set forth in the various Approvals referenced in Section 2.1 above, the F ctional Ownership Plan; the Final Plat recorded in Plat Book at Pagel ; the Final PUD/SPA Development Plan for Aspen Club & Spa Subdivision/PUD/SPA recorded as Reception No. �plO�li?all in the Office of the Clerk and Recorder of Pitkin County, Colorado; this Subdivision/PUD/SPA Agreement; and all other documents and plans recorded concurrently herewith. For purposes of this Section 2.4, this Subdivision/PUD/SPA Agreement shall be considered a "development agreement" as that term is used in CRS Section 24-68-104(2). Page 7 ARTICLE III DEVELOPMENT REQUIREMENTS AND RESTRICTIONS 3.1 The Components of the Project. The Project approved pursuant to the Approvals referenced in Section 2.1 above will consist of the following principal components: (a) Townhouse Units. The Project will contain fourteen (14) timeshare lodge units (the "Townhouse Units") in three (3) new structures (the "Townhouse Buildings"). The Townhouse Units will be configured as townhouses, and will consist of ten (10) three-bedroom units and four (4) four-bedroom units. Each Townhouse Unit will contain one (1) lock-off bedroom resulting in a total of twenty-eight (28) keys. The fourteen (14) Townhouse Units are limited to a maximum allowable floor area of 34,410 square feet calculated in accordance with the floor area regulations attached hereto as Exhibit B and made a part hereof by this reference. Vesting Period Note: such Exhibit B floor area calculation shall only be applicable during the vesting period. If such calculation is made after the vesting period expires, it shall be subject to the floor area regulations then in effect. (b) Club Units. The Project will also contain seven (7) timeshare lodge units to be located within the remodeled Aspen Club & Spa building (the "Club Units"). The Club Units will consist of six (6) three-bedroom units and one (1) studio unit. Each of the three-bedroom Club Units will contain one (1) lock-off bedroom, hence the Club Units will represent a total of thirteen (13) keys. The Club Units are limited to a maximum allowable floor area of 16,080 square feet inclusive of any ancillary unit space, circulation area and lobby area directly attributable to the Club Units. Floor area shall be calculated in accordance with the floor area regulations attached.hereto as Exhibit B, subject to the Vesting Period Note set forth in Section 3.1(a) above. (c) Condominiumization of Units. The Townhouse Units and Club Units will be condominiumized and sold pursuant to the Fractional Ownership Plan defined and described in the Declaration of Condominium for the Aspen Club Condominiums (the "Declaration") to be recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado contemporaneously with the recording of the Condominium Map therefor. As provided in the Declaration, the Townhouse Units and Club Units (collectively, the "Condominium Units") will be available for walk-in, short-term rental to the public when the Units are not being occupied by an Owner, an Owner's guest, or persons occupying the Unit under an exchange program. (d) Mandatory Physical Elements. The Project will contain the following mandatory physical elements which are specified in Section 26.590.060.A of the Land Use Regulations in effect on September 17, 2007. The Club, pursuant to contractual agreement with the Aspen Club Condominium Association (the "Association"), will provide for the benefit of the Condominium Units a fully-staffed, on-site front desk which will be located on the Club's main Page 8 entry level. The front desk will be sized to accommodate the needs of the Owners, guests and renters of the Units. The front desk will be staffed with the Club's normal front desk personnel during regular business hours, will provide full-time registration and reservation services, including late check-in and other off-hours guest and Owner services, and will accommodate walk-in rentals. The Club offers recreational activities and facilities which will be available to both Club members and to the owners of fractional interests in Condominium Units. The Club will also provide a lobby area for the use of Club members and Unit Owners. (e) Mandatory Operational Practices. The Project will also comply with the following mandatory operational practices, as set forth in Section 26.590.060.B of the Land Use Regulations in effect on September 17, 2007, to wit: (i) The Condominium Units will be available for short-term rental by the general public when a Unit is not occupied by an Owner, an Owner's guests, or persons occupying the Unit under an exchange program. Units that are available for rental will be listed at competitive rates in the Managing Agent's reservation system or with a central reservation system in Aspen. (ii) The Declaration will require that the Association permit walk-in rentals of Units on a nightly, split-week or weekly basis, subject to availability. (iii) The reservation system will require that Owners reserve their use periods sufficiently in advance to enable other Owners and the public to rent Units that are not so reserved. (iv) An Owner shall not be permitted to occupy the Owner's timeshare estate for any period in excess of thirty (30) consecutive days. (v) All Units in the developer's inventory will be made available for rental to the public while the timeshare estates are being sold, except for models and other Units that are needed for marketing or promotional purposes. (f) Aspen Club & Spa. (i) The Club Building shall be limited to 63,199 square feet of net leasable commercial area. The Club Building's floor area shall be limited to a maximum allowable floor area of 63,675 square feet inclusive of the 16,080 square feet of floor area attributable to the Club Units. Floor area shall be calculated in accordance with the floor area regulation attached hereto as Exhibit B and made a part hereof by this reference. Net leasable commercial area shall be calculated in accordance with the definition of such area on September 17, 2007, a copy of which is attached hereto as Exhibit C and made a part hereof by this reference. Page 9 Exhibits B and C are subject to the Vesting Period Note set forth in Section 3.1(a) above. (ii) The Aspen Club & Spa is a "Recreation Club" as such term is defined in the Land Use Regulations in effect on September 17, 2007, and is an approved conditional use in the RR, Rural Residential, Zone District. Allowed uses of the Aspen Club & Spa shall be those uses permitted from time to time in the RR, Rural Residential, Zone District, and those uses associated with the operation of the Property as a health club, spa, and integrated healthy living facility. (g) Affordable Housing Units. (i) The Project will contain twelve (12) Affordable Housing Units, to be located in a single new multi-family structure. Three (3) of the Affordable Housing Units will contain a minimum net livable area of 850 square feet while the remaining nine (9) Affordable Housing Units will contain a minimum net livable area of 950 square feet. The Affordable Housing Units are limited to a maximum allowable floor area of 12,390 square feet calculated in accordance with the floor area regulations attached hereto as Exhibit B and made a part hereof by this reference, subject to the Vesting Period Note set forth in Section 3.1(a) above. (ii) The three (3) smaller Affordable Housing Units will be deed restricted to the Aspen/Pitkin County Housing Authority ("APCHA") Category 2 income and occupancy guidelines for rental units in effect at the time of recording of the Condominium Map for the Condominium Units. Five (5) of the larger Affordable Housing Units will be deed restricted to APCHA's Category 3 guidelines and the remaining four (4) Affordable Housing Units will be deed restricted to APCHA's Category 4 guidelines. The deed restriction will reserve to ACS and its successors and assigns the first right from time to time to select and place qualified ACS employees as tenants in the Affordable Housing Units. If ACS does not provide a qualified tenant for a Unit, such Unit shall be rented through APCHA's normal advertising process. At no time shall the tenancy in a Unit during a lease period be tied to continued employment by ACS. Tenant leases may, however, be terminated for cause or at the end of the lease period upon termination of employment by ACS. Each tenant in a Unit shall be required to be requalified by APCHA on a yearly basis. (iii) The deed restriction shall allow the Units to become ownership units at such time as ACS elects to condominiumize and sell the Units, or at such time as APCHA determines that one or more Units are 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 if ACS 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 Page 10 APCHA Guidelines in effect at the time of recordation of the deed restriction plus appreciation calculated at three percent (3%) per annum or the CPI (simple appreciation not compounded), whichever is less, as of the listing date of the Units. The foregoing notwithstanding, if the Units are being sold due to noncompliance, all of the Units shall be sold through the lottery system, unless APCHA or the City elects to purchase the Units for rental to qualified tenants in accordance with APCHA Guidelines. If ACS has elected to sell the Units, ACS may choose one third (1/3) of the initial buyers provided they qualify under APCHA's top priority for the Unit. (iv) If ACS elects to sell the Units, or if the Units are required to be sold because of noncompliance, ACS shall condominiumize the Units and shall form a condominium association for the management and maintenance thereof, in compliance with the Colorado Condominium Ownership Act (CCIOA). Such affordable housing association shall be separate from the fractional ownership unit association. (v) The deed restriction shall be recorded prior to issuance of a Certificate of Occupancy for the last six Townhouse and/or Club Units. No Certificate of Occupancy shall be issued for the last six Townhouse and/or Club Units until a Certificate of Occupancy is issued for the Affordable Housing Units and until the deed restriction for the Affordable Housing Units has been executed and recorded. (vi) The Affordable Housing Units shall be owned and managed by ACS. More detailed information regarding management and maintenance of the Units will be provided to APCHA along with the draft of the proposed deed restriction and prior to issuance of a Certificate of Occupancy for the Units. (vii) The affordable housing commitment made by ACS represents a voluntary negotiated agreement between ACS, the City and APCHA, which has been proposed by ACS as a public benefit in connection with the Project approved by Ordinance No. 2 (Series of 2010), as amended. ACS and APCHA stipulate and agree that, in accordance with CRS Section 38-12-301(1)(a) and (b), the deed restriction that shall be recorded prior to Certificate of Occupancy for the Townhouse and Club Units 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. ACS waives any right it may have to claim that the deed restriction will violate CRS Section 38-12-301. (h) Parking. Pursuant to Ordinance No. 2 (Series of 2009) and the Notice of Approval dated September 24, 2012 and recorded as Reception No. 596102, the City Council and the Community Development Director approved a total of one hundred thirty three (133) off-street parking spaces for the Project: Forty-three (43) surface spaces and fifty-five (55) spaces in a subgrade parking Page 11 garage will be provided on the Property. Thirty-five (35) surface spaces shall continue to be provided on adjoining Lots 14A and 14W of the Callahan Subdivision. Of the ninety-eight (98) spaces on the Property, sixty (60) shall be reserved for members and guests of the Aspen Club & Spa. Twenty-one (21) of the spaces in the subgrade garage shall be reserved for use by Owners or guests of the Townhouse and Club Units, and twelve (12) spaces in the subgrade garage shall be reserved for use by tenants in the Affordable Housing Units. The remaining five (5) spaces on the Property, which are located adjacent to the Affordable Housing Units, shall be restricted to short-term tenant parking. The thirty-five (35) spaces on Lots 14A and 14W shall be reserved for use by members and guests of the Aspen Club & Spa. No parking is approved for Ute Avenue or in the cul-de-sac, including without limitation affordable housing parking. 3.2 Affordable Housing Mitigation. (a) Requirements. The Project's twenty-one (21) timeshare lodge units will contain sixty-five (65) bedrooms, which has been determined to generate thirty-two and one-half(32.5) FTEs based on the City's applicable employee generation factor of 0.5 employees per lodge bedroom. No employees are generated by the Club, as no increase to its commercial net leasable area is proposed. ACS has agreed to provide affordable housing mitigation for twenty-seven (27) FTEs. (b) Mitigation. As set forth in Section 3.1(g) above, three (3) Category 2, five (5) Category 3 and four (4) Category 4 two-bedroom units will be provided within the Project, which units will be credited with housing twenty-seven (27) FTEs. 3.3 Construction in Accordance with Building Codes and Plans, Pre-Construction Meeting. Construction of the Project, and all of its component parts, shall be accomplished in substantial compliance with all adopted building codes and requirements in effect at the time a Building Permit application is submitted, and with the Final PUD/SPA Development Plan and with all architectural plans and elevations, utility plans, grading and drainage plans, and landscape plans that are recorded contemporaneously therewith and this Subdivision/PUD/SPA Agreement. ACS shall conduct a pre-construction meeting with the City Community Development Staff prior to submittal of an application for an Access and Infrastructure Permit for the Project and a Building Permit application for the Club Building. 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. 3.4 Energy Commitment. (a) The Project shall comply with the energy conservation measures contained in the Conceptual Energy & Mechanical Systems Plan report Page 12 prepared by Resource Engineering Group dated November 24, 2008 and attached hereto as Exhibit D and made a part hereof by this reference. (b) An audit of the gas and electrical energy consumed by the existing Aspen Club building during the preceding three years was conducted by Resource Engineering Group and is summarized in their written report attached hereto as Exhibit D. The energy consumption reflected in that report averaged 18,600 million Btu/year over the subject three year period (the `Baseline Average"). ACS hereby commits and agrees that following the redevelopment of the Property pursuant to this Subdivision/PUD/SPA Agreement, 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. (c) ACS commits and agrees that the Building Permit applications for the Project approved by Ordinance No. 2 (Series of 2010), including the Aspen Club & Spa facility upgrades discussed in Section 3.23 (a) 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 Townhouse and Club Units, and the Affordable Housing Units). The specifications and recommendations provided by Resource Engineering Group or other qualified engineering firm shall be reviewed and approved by the City Building Department and the Canary Initiative staff before the Building Permit for the Club Building is issued. (d) The installation of the energy consumption mechanical components (including upgrades to existing systems) that are incorporated in the approved Building Permit shall constitute public improvements that are to be covered by the bond or letter of credit (or other form of financial security) to be provided by ACS to the City pursuant to Article IV(B)(d) below. (e) The final Certificate of Occupancy for the Project shall not be issued until ACS 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 ACS. (f) Within 30 days following the expiration of the one year period following the issuance of the final Certificate of Occupancy for the Project, ACS 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, ACS 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 the Property during said one year period exceeds the Baseline Average, within 30 days following the date of the report ACS shall open Page 13 an Escrow Account with Pitkin County Title, Inc., subject to Escrow Instructions that have been mutually approved by ACS 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, ACS shall make a good faith effort to bring the Property's energy consumption into compliance with the Baseline Average and shall have the right to draw funds from the Escrow Account to pay for such compliance efforts. (g) Three years following the date of issuance of the final Certificate of Occupancy for the Project, ACS 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, ACS 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 ACS 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. ACS shall have the right to draw funds from the Escrow Account to pay for such remediation efforts. (h) Similar audits will be performed four years and five years, respectively, following the date of issuance of the final Certificate of Occupancy for the 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 ACS 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. (i) 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 ACS and no further energy reports or audits shall be required. If said fifth year audit determines that the energy consumption of the Property exceeds the Baseline Average, ACS 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 Project, covering the preceding three year period and averaging the energy consumption of the Property over said three year period. Such annual audit obligation shall continue until such time as an audit determines that the energy consumption on the Property does not exceed the Baseline Average. 3.5 Ute Avenue Improvements. Prior to issuance of a Certificate of Occupancy for the last six Townhouse and/or Club Units, ACS shall accomplish at Page 14 its sole cost and expense, the following public improvements to Ute Avenue, to wit: (a) improvement of the cul-de-sac to accommodate a 100 foot diameter turning circle, while maintaining the center island; Sheet I of 1 of plans dated 6/30/2009 depicts conceptually how this will be achieved, which plans are attached as Exhibit D to Ordinance No. 2 (Series of 2010) and are attached hereto as Exhibit E; and (b) installation of two speed tables along Ute Avenue, one at the Ute Trail crossing and another at a location to be selected by the City Engineer; the final design of the speed tables must be approved by the City Engineer. Prior to building permit application for the Club Building, ACS shall provide a City Engineer-approved cost estimate for such Ute Avenue improvements. 3.6 Utilities/Water. (a) All uses and construction shall comply with the City of Aspen Water System Standards, with Title 25 of the Aspen Municipal Code, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City Water Department. Utility placement and design shall meet adopted City of Aspen standards. Each of the units within a building shall have an individual water meter. (b) The Project will demonstrate the delivery of fire flows adequate to satisfy Aspen Fire Protection District standards for a Type IIIA 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. (c) ACS shall accomplish, as a public improvement, the installation of the private internal water system depicted on the Master Water System Plan to be recorded contemporaneously with the Final PUD/SPA Development Plan, and in accordance with Article IV of this Subdivision/PUD/SPA Agreement. The parties acknowledge and agree that any such recorded drawings shall be considered conceptual/illustrative in nature, and that detailed drawings shall be required with the pertinent building permit application and such detailed drawings shall control. (d) Paragraph 8 of the original 1976 Subdivision and Planned Unit Development Agreement for the Callahan Subdivision granted water rights to the City in connection with subdivision approval. ACS and City agree that nothing in this Subdivision/PUD/SPA Agreement or in the Project approved hereby shall adversely affect or impair such grant of water rights in any way. (e) If the Project is constructed contemporaneously with the City's proposed Ute Avenue water line improvements, ACS and City agree to coordinate the Project waterline improvements, to the extent possible, with the City's improvements. Page 15 (f) ACS shall bear all costs associated with the proposed improvements to the water line along Ute Avenue and metering connections that result from the Project. 3.7 Utilities/Sewer. (a) ACS shall comply with the Aspen Consolidated Sanitation District ("ACSD") rules, regulations and specifications, which are on file at the District office, and shall bear all costs associated with the proposed improvements to the sanitation system resulting from this Project. (b) ACS shall accomplish, as a public improvement, the relocation of the existing sanitary sewer line which traverses the Property and the associated off-site sewer improvements, in compliance with the On-Site Sanitary Sewer Plan and Profile and the Off-Site Sanitary Sewer Plan to be recorded contemporaneously with the Final PUD/SPA Development Plan, and in accordance with Article IV of this Subdivision/PUD/SPA Agreement. The parties acknowledge and agree that any such recorded drawings shall be conceptual/illustrative in nature, and that detailed drawings shall be required with the pertinent building permit application and such detailed drawings shall control. (c) In connection with the sewer line relocation, a line extension request and a collection system agreement shall be approved by the ACSD Board prior to building permit application for the Club Building. Existing service lines shall be abandoned at the main sanitary sewer line, and ACS shall execute and deliver to the District a new easement for the relocated sanitary sewer line, in accordance with standard District forms and requirements. (d) One (1) service tap shall be allowed for each building in the Project. Shared service line agreements may be required where more than one (1) unit is served by a single service line. (e) In each case, all District fees shall be paid prior to the issuance of a Building Permit for the Club Building, for each Townhouse Building, or for the Affordable Housing Units. ACS shall pay forty percent (40%) of the estimated tap fees for the proposed building stubouts prior to issuance of such permit. (f) No clear water connections (roof, foundation, perimeter, patio drains) shall be allowed to the sanitary sewer system. ACS shall also verify the Club's existing roof drains do not discharge to the system. (g) An oil and grease interceptor shall be installed in a location outside the Club building for the Club's existing restaurant. An under the counter interceptor is not allowed. (h) Oil and sand separators shall be installed in the Project's parking garage and elevator shafts. Page 16 (i) Swimming pool drain sizes shall conform to District regulations. (j) ACS shall comply with the City's Urban Runoff Management Plan as it relates to the sewer access easement, including any paving and impervious surface discharge into the Property's top of slope area. (k) A revegetation plan for the sewer line realignment shall be included in the Building Permit application for the Club Building and shall be subject to review and approval by the Parks Department. (1) No laybacks are permitted in the stream margin area. (in) The portion of the sewer line located within the stream margin area shall, to the greatest extent practicable, be constructed in such manner as to minimize the need for future excavation work. This shall be reviewed by the Parks and Engineering Departments in coordination with recommendations from ACSD. Any future sewer line excavation work shall be mitigated with a revegetation plan. 3.8 Utilities/Cost Recovery. All Project public utilities, as depicted and described in the Master Utility Plan and as set forth in the PUD Plan Set, shall be undertaken and completed by ACS at its expense. In the event that property owners adjacent to those portions of Ute Avenue or along the alignment of the sanitary sewer line which are improved pursuant to this Subdivision/PUD/SPA Agreement seek to construct improvements on their property following completion of the public utilities required by this Subdivision/PUD/SPA Agreement, the City shall require, as a condition of the development, that such property owners reimburse ACS for a pro-rata share of the cost of such public utilities. The City shall not be obligated to require such reimbursement unless it is legally able to do so in connection with a development approval requested by such adjacent owners. Reimbursement shall be made to ACS prior to the issuance of a building permit for any development on such adjacent property. The pro-rata share for each adjacent property owner shall be determined based upon the linear feet of frontage along Ute Avenue, or in the case of the sanitary sewer improvements, the amount of equivalent residential units for each such property as compared to the total amount of property frontage on both sides of Ute Avenue uphill from manhole CS-3 on the Aspen Consolidated Sanitation District's sanitary sewer plans. The City, as the owner of property along Ute Avenue, shall not be subject to this cost recovery requirement. 3.9 Drainage; Stormwater System Development Fee. All development within the Project shall comply with the On-Site Drainage and Water Quality Basin Plan; the Off-Site Drainage Basin Plan; and the Off-Site Drainage Improvements Plan and Profile to be recorded contemporaneously with the Final PUD/SPA Development Plan. ACS shall be responsible for implementing the Plans, and drainage improvements shall be accomplished as public improvements Page 17 in accordance with Article IV of this Subdivision/PUD/SPA Agreement. The parties acknowledge and agree that any such recorded drawings shall be considered conceptual/illustrative in nature, and that detailed drawings shall be required with the pertinent building permit application and such detailed drawings shall control. The final Drainage Plan shall meet all Engineering Department standards. Before a Building Permit is issued for the Club Building, each Townhouse Building, or the Affordable Housing Units, ACS shall pay to the City a Stormwater System Development Fee for the permitted structure in an amount to be determined as Building Permit issuance based on regulations in effect at that time. The Project meets the requirements for Fee in Lieu as set forth in Ordinance Nos. 15 and 16, Series of 2011, due to the reduction in impervious surfaces post development. Since the Project does not fall within the City of Aspen Surface Drainage Master Plan area, the Fee in Lieu payment made by ACS shall be offset by the cost of the Right-of-Way improvements and the improvements to handle off-site drainage. In the event the Fee in Lieu is greater than the cost of these improvements, ACS shall pay to the City the difference (calculated based upon the regulations in effect at that time) before a Building Permit is issued for the Club Building. 3.10 Streets and Sidewalks/Cost Recovery. Ute Avenue and associated sidewalks, curbing and drainage improvements, as depicted and described in the PUD Plan Set, shall be constructed or reconstructed by or at the direction of ACS and at the expense of ACS. In the event that property owners adjacent to those portions of Ute Avenue which are improved pursuant to this Subdivision/PUD/SPA Agreement seek to construct improvements on their property following completion of the Ute Avenue street/sidewalk/curbing/drainage improvements required by this Subdivision/PUD/SPA Agreement, the City shall require, as a condition of development approval, that such property owners reimburse ACS for a pro-rata share of the cost of such Ute Avenue street/sidewalk/curbing/drainage improvements. The City shall not be obligated to require such reimbursement unless it is legally able to do so in connection with the development approval requested by such adjacent owners. Reimbursement shall be made to ACS prior to the issuance of a building permit for any development on such adjacent property. The pro-rata share for each adjacent property owner shall be determined based upon the linear feet of frontage along Ute Avenue for each such property as compared to the total amount of property frontage on both sides of Ute Avenue. The City, as the owner of property along Ute Avenue, shall not be subject to this cost recovery requirement. 3.11 Landscaping; Stream Margin Area. (a) All development within the Project shall comply with the Landscape Plan to be recorded contemporaneously with the Final PUD/SPA Development Plan. ACS shall be responsible for implementing the Landscape Plan, and the landscaping improvements shall be accomplished as public improvements in accordance with Article IV(A) of this Subdivision/PUD/SPA Page 18 Agreement. The parties acknowledge and agree that any such recorded drawings shall be considered conceptual/illustrative in nature, and that detailed drawings shall be required with the pertinent building permit application and such detailed_ drawings shall control. The detailed drawings shall be reviewed by the Parks Department and are subject to further changes as may be deemed necessary by the Department. (b) A tree removal permit shall be required for affected and impacted areas prior to application for an Access and Infrastructure Permit. Any required tree removal fee shall be paid to the City prior to the issuance of the Access and Infrastructure Permit for the Project. (c) The Access and Infrastructure Permit application shall include a detailed plan for protection of the stream margin and hillside above the Aspen Club Trail. Minimum requirements shall include a silt fence and straw bales placed in a manner to prevent erosion and to protect the river from residual run-off, such measures to be installed at the 15 foot setback from top of slope. The Access and Infrastructure Permit application shall also include a detailed plan for the protection of all existing trees which are to remain following development. (d) The use of the Aspen Club Trail for construction access or other construction activities shall be prohibited at all times. This shall include, but not be limited to, truck traffic, foot traffic and material storage. (e) Prior to building permit application for the Club Building, ACS shall restudy the proposed retaining walls along the easternmost property line of Lot 15-A to determine whether further stepping of the walls can be accommodated so as to better comply with the Land Use Regulations regarding allowable height above grade. ACS shall demonstrate to COMDEV that no other option exists that would meet applicable regulatory requirements. (f) ACS shall comply with the Urban Runoff Management Plan as it relates to all work in the stream margin area, including any paving and impervious surface discharge into the top of slope area. (g) A revegetation plan for all work in the stream margin area shall be included with the pertinent building permit application and is subject to review and approval by the Parks Department. (h) No laybacks are permitted within the stream margin area. (i) Utilities located within the stream margin area shall, to the greatest extent practical,be constructed in a manner to minimize the need for future excavation work. This shall be reviewed by the Parks and Engineering Departments in consultation with recommendations from the relevant utility entities. Any future excavation work performed shall be mitigated with a revegetation plan. Page 19 (j) ACS shall work with the electric, telephone and cable utility companies to determine the feasibility of relocating the utilities out of the stream margin areas. Letters from the utility companies addressing the feasibility of such relocation shall be submitted with the building permit application for the Club Building. 3.12 Exterior Lighting. All exterior lighting within the Property shall comply with Section 26.575.150, Outdoor Lighting, of the Land Use Regulations in effect on September 17, 2007 unless otherwise exempted by the Community Development Director. No exterior lighting shall be permitted in the stream margin area (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. Compliance with this requirement shall be verified at the time of building permit submittal for the Club Building. 3.13 Building Materials. The building materials throughout the Project shall be consistent in quality and color among the different uses on the site. In addition, the following conditions shall be met: (a) The trellis located on the roof of the Club shall not be enclosed, and shall be consistent in size with the approved roof plan. (b) The sloped roof material on the Townhouse Units shall be wood shingle, or non-reflective standing seam. Flat or low-slope roofs shall be single-ply membrane. (c) The Affordable Housing Units shall each have Juliette balconies, and the Units shall have access to a formalized usable courtyard space consistent with ACS's representations made at the December 18, 2012 hearing before the Planning and Zoning Commission and as depicted on the drawing attached hereto as Exhibit F. 3.14 Construction Management Plan. The Access and Infrastructure Permit application for the Project and the building permit application for the Club Building shall include a Construction Management Plan for review and approval by the City Engineering Department which shall comply with all construction management requirements in effect at the time the application is submitted. The Plan shall include a noise, fugitive dust control, and construction traffic and parking management plan which addresses, at a minimum, the following matters: (a) A fugitive dust control plan including proposed construction fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads, construction speed limits, and other measures necessary to prevent windblown dust from crossing the property line. (b) A description of construction debris hauling routes and associated impacts on adjoining streets. Page 20 (c) A description of how construction activities will not impact trees that are remaining on the site. (d) Construction parking mitigation. Except for essential trade trucks, no other personal trucks shall be parked in the area around the site. The City encourages that site workers be shuttled in from the airport parking area. (e) ACS shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. (f) ACS shall abide by all noise ordinances. Construction activity is limited to the hours between 7:00 a.m. and 7:00 p.m. Monday through Saturday. (g) If the Club will remain open during construction, the Construction Management Plan shall address potential construction impacts on the Club operation and shall contain a plan to maintain exits and separation from construction activity. 3.15 Building Permit Application. ACS shall meet all adopted building codes and requirements in effect at the time a building permit application is submitted. Accessible routes to any public right-of-way and accessible parking spaces will be required. The Project will be subject to the Use Tax on building materials. The Project will be required to comply with all Efficient Building Programs in place at the time of building permit submittal. In addition to the Construction Management Plan required pursuant to Section 3.14 above, the building permit application for the Club Building shall include the following: (a) Copies of the Development Orders referenced in Section 2.1(d) and 2.1 (1) above. (b) A copy of Ordinance No. 2 (Series of 2010) and copies of the P&Z Resolutions referenced in Section 2.1(a) and (g) above. (c) A copy of the Resolution granting final Commercial Design Review approval referenced in Section 2.1(c) above. (d) A copy of this Subdivision/PUD/SPA Agreement printed on the cover page of the building permit set. (e) A means of egress plan, overall access plan and fire access plan. (f) The Transportation Demand Management Plan ("TDM") referenced in Section 3.16 below. Page 21 (g) Detailed Water and Sewer Plans. (h) A detailed Drainage Plan. (i) A detailed Landscape Plan. 0) A detailed Lighting Plan. (k) A detailed plan describing the material and width of the footpath proposed within the stream margin area. The footpath shall be installed with hand excavation tools only and oriented around all trees to remain on site. Utilities located under the trail shall be developed and installed with junction boxes so that future repairs can be accomplished without the need to excavate the new footpath. This footpath/trail shall not be used for or provide access for any construction activities on the site, including but not limited to truck traffic, foot traffic, storage or materials. (1) A detailed plan for Tree Protection, including location and standards for tree protection fences which must be in place and inspected by the City Forester or his/her designee before any construction activities commence on the Project, and including a detailed construction staging plan describing how construction will take place with staging, storage of materials, and locations of vehicles so that trees remaining on site will not be impacted and will remain protected. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicular traffic shall be allowed within the drip line of any tree on site. Proper spacing and a detailed legend (including species name) for new plantings and plantings around existing trees shall be reviewed and approved by the Parks Department at building permit submittal. ACS shall be subject to the Parks Department Impact Fee in place at the time of the pertinent building permit application. (in) A copy of the Colorado Geologic Survey's referral comments regarding their review of geologic hazards on site. 3.16 Transportation Demand Management. ACS shall comply with all aspects of the Proposed Traffic Safety and Transportation Demand Management Tools reports (the "TDM Report") attached hereto as Exhibit G and made a part hereof by this reference. The TDA Traffic Study dated October 29, 2008 is attached hereto as Exhibit H and made a part hereof by this reference. (a) ACS may update the TDA Traffic Study and the TDM Report prior to building permit submittal for the Club Building, but any changes to the TDM Report based on updated traffic counts must first be reviewed and approved by the Transportation, Engineering, Environmental Health, and Community Development Departments. (b) Prior to submitting a building permit application for the Club Building, ACS shall conduct a meeting with City Staff to review the TDM Report, Page 22 such meeting to include ACS, 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. (c) ACS shall be required to install a traffic counting system to monitor traffic on an hourly and daily basis. The proposed system shall be reviewed at the above-referenced meeting with City Staff, and must be approved by the Transportation Department prior to building permit submittal for the Club Building. ACS shall be responsible for the purchase, installation and maintenance of the traffic counting system. ACS shall also establish a back-up method of counting traffic in the event that the installed system malfunctions or otherwise does not work at any time. The traffic counting system shall be installed prior to issuance of a Certificate of Occupancy for the last six Townhouse Units and/or Club Units. (d) 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 receipt of a final Certificate of Occupancy for the Project. The Report must indicate both daily and hourly traffic counts. The Report shall also include the status of the required TDM program components. For each year that ACS 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. (e) If ACS does not meet the zero growth goal for two (2) years in a row, ACS shall be required to pay one-half(1/2) of the annual cost of operating the Cross-Town Shuttle that serves the Aspen Club area (at the rate in effect at that time), and ACS shall also institute paid parking at the Club until ACS can show that it has met the zero growth goal in some other manner, as approved by the Transportation, Engineering, Environmental Health, and Community Development Departments. 3.17 Fire Mitigation. All codes adopted by the Aspen Fire Protection District at the time of building permit submittal shall be met. This requirement includes but is not limited to access (International Fire Code, 2003 Edition [IFC], Section 503), and approved fire sprinkler and alarm systems (IFC, as amended, Sections 903 and 907). ACS shall provide an overall fire access plan for the site prior to application for an Access and Infrastructure Permit for the Project and at the time of building permit submittal for the Club Building. The subgrade garage shall have adequate fire access. Such access plans 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 for the Project, including in all structures. Page 23 3.18 Avalanche Mitigation. ACS shall comply with the mitigation requirements contained in the Snow Avalanche Hazard Analysis and Defense Recommendations report dated December 10, 2008 attached hereto as Exhibit I and made a part hereof by this reference. 3.19 School Land Dedication Fee. Before a building permit is issued for the Project, ACS shall pay to the City a cash payment in lieu of school land dedication for the Project's twelve Affordable Housing Units in an amount to be determined at building permit issuance based on the regulations in effect at that time. 3.20 Park Development Impact Fee. Before a building permit is issued for the Club Building, each Townhouse Building or the Affordable Housing Units, ACS shall pay to the City a park development impact fee, for the Project's timeshare lodge and affordable housing components, in an amount to be determined at building permit issuance based on the regulations in effect at that time. No impact fee is required for the Club's existing net leasable commercial square footage. 3.21 Air Quality Impact Fee. Before a building permit is issued for the Club Building, each Townhouse Building or the Affordable Housing Units ACS shall pay to the City an Air Quality Impact Fee in an amount to be determined at building permit issuance based on regulations in effect at that time. 3.22 Ute Trail Improvements. ACS has agreed to contribute the sum of $70,000 (adjusted annually according to the CPI, starting in 2009) to the completion of the Ute Trail. The contribution shall be made no later than sixty (60) days following delivery by the City to ACS of written notice of the City's intent to proceed with the Trail's construction. If the contribution has not yet been made, prior to issuance of a building permit for the Club Building, each Townhouse Building or the Affordable Housing Units, ACS will be required to deliver to the City a bond or letter of credit in the amount of$70,000, such bond or letter of credit to be released when ACS delivers the requisite contribution to the City. If the contribution is not made as above required, the bond or letter of credit will be executed by the City. 3.23 Club Reinvestment. (a) ACS hereby commits and agrees that prior to the issuance of a final Certificate of Occupancy for the Project, ACS 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: Page 24 • Program Development and • Steam room in men's and women's locker Programming (as defined in room Exhibit F to Ordinance No. 2, Series of • Sauna in men's and women's locker room 2010) • Retiling and regrouting in wet areas of • Structural improvements throughout locker rooms Club • Updated spa rooms • New entryway • Massage tables • Underground parking • New carpeting throughout Club • Safer access to Club • New furniture in reception area • Upgraded HVAC system • New patio furniture and umbrellas on • New heating and cooling control outdoor deck systems • Update salon • Clean energy initiatives such as • Salon furniture and fixtures geothermal and solar • Phone system • Upgraded insulation • Repair roof • Fix snowmelt • Employee lounge furniture • Refurbished cardio room • TRX System • New weights in weight room • Entrance to Yoga Studio • New cardio equipment in cardio area . Cord coverings on Cardio Deck • Painting • TVs • Performance center • Spa entrance area • Yoga studio • Signage • New spinning bikes • Replace steam units • New power tap equipment . Equipment in spa • Swimming pool • Redesign retail space • Lockers in men's and women's locker room (b) Upon substantial completion of the upgrades to the Aspen Club & Spa facility, ACS shall provide to the Community Development Department a summary of the costs and expenses incurred by ACS in accomplishing the upgrades, which cost summary shall be reviewed and approved by the Community Development Department. ACS shall specifically explain all costs related to improving the snowmelt system, upgrading insulation, clean energy initiatives, heating and cooling systems, improved HVAC systems, safe access to the Club, underground parking, a new entryway, and structural improvements. (c) A final Certificate of Occupancy shall not be issued for the Project until the Community Development Department is satisfied that ACS has expended a minimum of$5,000,000 in connection with the upgrades to the Aspen Club & Spa facility. (d) ACS has also committed to provide on-going benefits to the community, to wit: Page 25 • Program Development and Programming (as defined herein and in Exhibit F to Ordinance No. 2 (Series of 2010) • 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 the 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 ACS and subsequent Club Owners are unable, for whatever reason, to provide the benefits outlined in this subsection (d), the Community Recreation Fund described in Section 3.24 below may be used to provide said benefits elsewhere in the community. 3.24 Aspen Club Condominiums ("ACC") Fractional Interest Assessment. (a) ACS hereby commits and agrees that the initial purchaser of each Fractional Interest in the Aspen Club Condominiums, and each subsequent purchaser of such Fractional Interest shall be obligated to pay to the City of Aspen a Fractional Interest Assessment in the amount of 0.25 percent of the Actual Cash Consideration paid for the Fractional Interest. This Assessment shall sunset on January 11, 2035. Said 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 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. (b) All ACC 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 Page 26 community benefits currently taking place at the Club, as defined in Section 3.23 (d) above that cease for any reason to be carried out by the Club. (c) 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 ACS. 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. (d) The above-described Fractional Interest Assessment represents an entirely voluntary commitment on the part of ACS, and is intended as an additional community benefit associated with the Aspen Club & Spa Subdivision/PUD/SPA. 3.25 Reporting Requirements. ACS shall be subject to a number of reporting requirements, as identified 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 3.16 above. • An audit and report of programming elements, including, but not be limited to those outlined in Section 3.23 (a), Club Reinvestment. 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 3.4 above (Energy Commitment). 3.26 Condominium Map. Upon substantial completion of construction of the Project, ACS shall submit a Condominium Map to the Community Development Director for review and approval. The purpose of the Condominium Map will be to submit Lots 15-13, 15-C and 15-D and the Townhouse Units and Club Units constructed thereon to a single condominium regime (the "Condominium"). Lots 1.5-A and 15-E will not be part of the Condominium. The Condominium Map, the Declaration, and a Timeshare Disclosure Statement shall be recorded prior to the issuance of a final Certificate of Occupancy for the Project, which documents shall meet all requirements outlined in Section 26.480.090 of the Land Use Regulations in effect on September 17, 2007, which provisions are attached hereto as Exhibit J and made a part hereof by this reference. The Page 27 Condominium Map shall be reviewed under the applicable provisions of the City's Land Use Regulations in effect on September 17, 2007, which provisions are attached hereto as Exhibit J. The condominiumization described above shall be accomplished prior to the closing of the sale of any timeshare interest in the Condominium. 3.27 Material Representations. All material representations and commitments made by ACS in connection with the Project development approvals contained or referenced herein, whether made in public hearings or in documentation presented before the Aspen Planning and Zoning Commission or the Aspen City Council, are hereby expressly incorporated in said Project development approvals and such representations and commitments shall be complied with by ACS as if fully set forth herein, unless amended by an authorized entity. Without limiting the generality of the foregoing, the following representations have been made by ACS: (a) ACS 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; (b) Memberships in the Club shall continue to be made available to the general public and to Fractional Interest Owners in the Aspen Club Condominiums for so long as the timeshare condominium form of ownership remains an approved use of the Property. (c) The Declaration of Condominium for Aspen Club Condominiums shall expressly 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 and agreed that in the event the timeshare condominium approvals set forth in this Subdivision/PUD/SPA Agreement shall be vacated in the future with the consent of the City, representations (a) through (c) above shall be considered vacated as well. ARTICLE IV A. PUBLIC IMPROVEMENTS 4.1 Prior to the issuance of a final Certificate of Occupancy for the Project, ACS shall accomplish certain public improvements, all as depicted and described on the Final PUD/SPA Development Plan and other related documents that are attached to or recorded concurrently with the Amended Plat, including without limitation: (a) The affordable housing described in Section 3.1(g) herein; Page 28 (b) The energy commitment set forth in Section 3.4 (a-e) herein; (c) The Ute Avenue improvements set forth at Section 3.5 herein; (d) The utilities/water requirements set forth at Section 3.6 herein; (e) The utilities/sewer requirements set forth at Section 3.7 herein; (f) The stream margin, footpath, and tree protection plans described in Sections 3.11(c) and 3.15(k) and (1) herein; and (g) The Club Reinvestment obligation set forth in Section 3.23 (a) herein. 4.2 Cost estimates (together with the detailed plans) and a construction schedule for the above-described public improvements shall be submitted by ACS to the City Engineering Department for review and approval at the time ACS files a building permit application for the Club Building, and any applicable right-of-way permits and licenses shall be obtained. 4.3 ACS shall complete the landscaping of the Property in accordance with the Landscape Plan no later than six (6) months following the issuance of a Certificate of Occupancy for the Project. ACS shall be responsible for ensuring the success of all landscaping installed pursuant to the Landscape Plan for a period of 2 years following the date of installation, and shall replace any landscaping that fails during such 2 year period. ACS or its successors or assigns shall have the right to plant additional native vegetation within the Aspen Club & Spa Subdivision/PUD/SPA, as it may consider appropriate from time to time, without further approvals being required. 4.4 A cost estimate for the landscaping of the Property in accordance with the Landscape Plan shall be submitted to the Parks Department for review and approval at the time ACS files a building permit application for the Club Building. B. FINANCIAL ASSURANCES (a) Before the issuance of a Building Permit for the Club Building, each Townhouse Building or the Affordable Housing Units, ACS shall provide to the Community Development Director and the City Attorney for their review and approval, not to be unreasonably withheld, satisfactory evidence that ACS has in place sufficient financing to accomplish and complete the construction of the Project, including all public improvements required by Article IV(A) above and covered by the requested Building Permit, all public improvements required under this Subdivision/PUD/SPA Agreement, and the Aspen Club & Spa upgrades described in Section 3.23(a) above. Such financing may include, without Page 29 limitation, a construction loan from an institutional lender or lenders and equity capital investments from ACS and/or third party investors. (b) Supporting cost estimates for improvements covered by the requested Building Permit shall be prepared by ACS's General Contractor and shall be delivered to the City Building Department for review and approval before the Building Permit is issued. (c) Before the issuance of a Building Permit for the Club Building, each Townhouse Building or the Affordable Housing Units, and as a condition of such issuance, ACS shall deposit with Pitkin County Title, Inc. ("Escrow Agent") the sum of$200,000 in cash or wired funds (the "Site Enhancement Escrow Funds") pursuant to an Escrow Agreement and Instructions made and entered into between ACS and the Escrow Agent, which shall provide as follows: (i) In the event construction work on the development of the Project shall cease for one hundred twenty (120) days or longer prior to a final inspection by the City of the work authorized by a Foundation/Structural Frame Permit ("F/SFP") on such Property, then the City in its discretion may draw upon the Site Enhancement Escrow Funds from time to time as needed for the purposes of improving the appearance of any construction work already completed, and for the installing of any public improvements on or adjacent to the Project as specified in Article IV(A) above. (ii) The City shall have sole discretion with respect to the manner of improving the appearance of construction work in progress as well as in determining the public improvements to be installed. (iii) The Site Enhancement Escrow Funds or any remaining balance thereof shall be returned to ACS upon completion by the City of a final inspection of the work authorized by the F/SFP for the Project, or when otherwise agreed to by ACS and the City. (iv) The City shall be named as a third party beneficiary of the Escrow Agreement with the express right and authority to enforce the same from time to time in accordance with the tenor and terms thereof. (d) Pursuant to Section 26.480.070.D. of the Land Use Regulations in effect on September 17, 2007, at the time a Building Permit is issued for the Club Building, each Townhouse Building or the Affordable Housing Units, ACS shall obtain and provide to the City a bond or letter of credit (or other financial security reasonably acceptable to the Community Development Director) for the estimated cost of the public improvements described in Article IV(A) above, based upon the cost estimates to be provided pursuant to (b) above. As portions of the public improvements are completed, the City shall provide releases in accordance with Section 26.480.050D. Page 30 (e) Site Protection Fund. Before the issuance of a Building Permit for the Club Building, each Townhouse Building or the Affordable Housing Units, ACS shall deposit with Pitkin County Title, Inc. ("Escrow Agent") the sum of $100,000 in the form of cash or wired funds (the "Escrow Funds") and will execute an Escrow Agreement and Instructions with the Escrow Agent which recites as follows: In the event construction work on the Project shall cease for sixty (60) days or longer (work stoppage) without a cure for such work stoppage after fifteen (15) days notice by the City and such work stoppage not being a result of any event of force majeure, 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 ACS 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 party to the Escrow Agreement with the express right and authority to enforce the same from time to time. It is the express understanding of the parties that compliance with the procedure set forth in Article V below pertaining to the procedure for default and amendment of this Subdivision/PUD/SPA Agreement shall be required with respect to the enforcement and implementation of these financial assurances and guarantees to be provided by ACS as set forth above. ARTICLE V NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS In the event that the City determines that ACS is not acting in substantial compliance with the terms of this Subdivision/PUD/SPA Agreement, the City shall notify ACS in writing specifying the alleged non-compliance and asking that ACS remedy the alleged non-compliance within such reasonable time as the City may determine, but not less than 30 days. If the City determines that ACS has not complied within such time, the City may issue and serve upon ACS a written order specifying the alleged non-compliance and requiring ACS to remedy the same within thirty (30) days. Within twenty (20) days of the receipt of such order, ACS may file with the City Engineering Department either a notice advising the City that it is in compliance or a written request to determine any one or both of the following matters: Page 31 (a) Whether the alleged non-compliance exists or did exist, or (b) Whether a variance, extension of time or amendment to this Subdivision/PUD/SPA Agreement should be granted with respect to any such non-compliance which is determined to exist. Upon the receipt of such request, the City shall promptly schedule a meeting of the parties to consider the matters set forth in the order of non-compliance. The meeting of the parties shall be convened and conducted pursuant to the procedures normally established by the City. If the City determines that a non-compliance exists which has not been remedied, it may issue such orders as may be appropriate, including the imposition of daily fines until such non-compliance has been remedied, the withholding of permits and/or certificate of occupancy, as applicable; provided, however, no order shall terminate any land use approval. The City may also grant such variances, extensions of time or amendments to this Subdivision/PUD/SPA Agreement as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City shall not unreasonably refuse to extend the time periods for performance hereunder if ACS demonstrates that the reasons for the delay(s) which necessitate said extension(s) result from acts of God or other events beyond the reasonable control of ACS, despite good faith efforts on its part to perform in a timely manner. ARTICLE VI PRIOR INSTRUMENTS AND APPROVALS 6.1 The Subdivision and Planned Unit Development Agreement for Callahan Subdivision recorded May 19, 1976 in Book 312 at Page 110, as modified by Notice recorded April 29, 1977 in Book 328 at Page 79, and as further modified by Amendment to Subdivision and Planned Unit Development Agreement Callahan Subdivision recorded November 1, 1996 as Reception No. 398668 and rerecorded March 31, 1997 as Reception No. 402937, and as further modified by unrecorded Insubstantial PUD Amendment executed by the Community Development Director on March 17, 2004. 6.2 The Final Plat and Development Plan of Callahan Subdivision recorded May 19, 1976 in Plat Book 5 at Page 7, as amended by Amended Final Plat and Development Plan recorded August 17, 1977 in Plat Book 6 at Page 16, and as amended by Amendment recorded November 1, 1996 in Plat Book 40 at Page 81. 6.3 Aspen City Council Ordinance No. 20, Series of 1996, approving an amendment to the Callahan Subdivision PUD Agreement for Lots 14A and 15, shall be deemed vacated and superseded in its entirety by Ordinance No. 2 (Series of 2010). Page 32 ARTICLE VII LIST OF EXHIBITS 7.1 The following Exhibits are attached hereto: (a) Legal Description (b) Floor Area Regulations (valid through vesting period) (c) Definition of Net Leasable Area (valid through vesting period) (d) Resource Engineering Energy Report (e) Ute Avenue Cul-de-Sac Plan (f) Affordable Housing Units Courtyard Plan (g) Proposed Traffic Safety & Transportation Demand Management Tools (h) TDA Colorado Traffic Study (i) Snow Avalanche Hazard Analysis and Defense Recommendations (j) Condominiumization Regulations (valid through vesting period) (k) PUD/SPA Plan Set (1) Document/Plan/Fee Submission Schedule ARTICLE VIII GENERAL PROVISIONS 8.1 The provisions hereof shall be binding upon and inure to the benefit of ACS and City and their respective successors and assigns. 8.2 This Subdivision/PUD/SPA Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. 8.3 If any of the provisions of this Subdivision/PUD/SPA Agreement or any paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstance is invalidated, such invalidity shall not affect the validity of the remainder of this Subdivision/PUD/SPA Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. Page 33 8.4 This Subdivision/PUD/SPA Agreement and the exhibits attached hereto contain the entire understanding between the parties hereto with respect to the transactions contemplated hereunder. ACS, its successors or assigns, may, on its own initiative, petition the City Council for an amendment to this Subdivision/PUD/SPA Agreement or for an extension of one or more of the time periods required for performance hereunder. The City Council shall not unreasonably deny such petition for amendment or extension after considering all appropriate circumstances. Any such amendments or extensions of time shall only become effective upon the execution by all parties hereto that are affected by the proposed amendment. If an amendment is proposed that relates to the Club building and/or the operation or use thereof, and which has no material adverse effect on the rights of Condominium Unit (or Fractional Interest) Owners, no consent to such amendment shall be required from said Condominium Unit (or Fractional Interest) Owners. 8.5 Numerical and title headings contained in this Subdivision/PUD/SPA Agreement are for convenience only, and shall not be deemed determinative of the substance contained herein. As used herein, where the context requires, the use of the singular shall include the plural and the use of any gender shall include all genders. 8.6 Upon execution of this Subdivision/PUD/SPA Agreement by all parties hereto, City agrees to approve and execute the Final Plat and to approve the Final PUD/SPA Development Plan and to accept the same for recordation in the Office of the Clerk and Recorder of Pitkin County, Colorado, upon payment of the recordation fees by ACS. 8.7 Notices to be given to the parties to this Subdivision/PUD/SPA Agreement shall be considered to be given if hand delivered or if deposited in the United States Mail to the parties by certified mail, return receipt requested, or when sent via facsimile transmission, at the addresses indicated below, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: CITY: City of Aspen City Manager 130 South Galena Street Aspen, CO 81611 (Fax No. 970-920-5119) ACS: Aspen Club & Spa, LLC Attention: Michael Fox, Manager 1450 Crystal Lake Road Aspen, CO 81611 (Fax No. 9704+ a- : � ) Page 34 8.8 This Subdivision/PUD/SPA Agreement may be executed in counterparts, in which case all such counterparts together shall constitute one and the same instrument which is binding on all of the parties thereto, notwithstanding that all of the parties are not signatory to the original or the same counterpart. Facsimile signatures shall be treated as original signatures hereon. 8.9 The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden the Property and any and all owners thereof or interests therein, their respective successors, grantees or assigns, and further shall inure to the benefit of and be specifically enforceable by or against the parties hereto, their respective successors, grantees or assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. CITY: CITY OF ASPEN, COLORADO, a Colorado municip corp ration By: V� Stev Ska ron, Mayor Att, st: JA6 Pt c City Clerk APPROVED AS TO F M: AJaines True, City Attorney ACS: ASPEN CLUB & SPA, LLC, a Colorado limited liability company By: Michael Fox, Manager Page 35 STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me his 2 day of , 2014, by Steven Skadron as Mayor andLihz fZnl>Z a as City Cler ofI the City of Aspen, Colorado, a municipal corporation. Witness my hand and official seal TARA L. NELSON NOTARY PUBLIC STATE OF COLORADO My commission expires: NOTARY ID 20014030017 p MY COMMISSION EXPIRES 09/26/2017 k1A f R(f_RT-V-) Notary Public STATE OF COLORADO ) ) ss. COUNTY OF P1 -MA A) ) The foregoing instrument was acknowledged before me this day of IN & , 2014, by Michael Fox as Manager of Aspen Club & Spa, LLC, a Colora o limited liability company. Witness my hand and official seal. My commission expires: �� /� ���It SHEILA BRENNAN ' NOTARY PUBLIC N tar Public STATE OF COLORADO y NOTARY ID 20144002543 MY COMMISSION EXPIRES 01/17/2018 Page 36 EXHIBIT w o e EXHIBIT "A" LEGAL DESCRIPTION PARCEL A: LOT 15, CALLAHAN SUBDIVISION, according to the maps thereof recorded May 19, 1976 in Plat Book 5 at Page 7, August 17, 1977 in Plat Book 6 at Page 16. PARCEL B: A pedestrian access easement through Lot 14, Callahan Subdivision and part of Crystal Circle within the Callahan Subdivision, City of Aspen, Colorado being 12 feet in width, lying westerly of and abutting the following described line: Beginning at a point on the Southerly line of Lot 14, Callahan Subdivision whence the Southwest corner of said Lot 14, Callahan Subdivision bears N 88'25'W 199.49 feet; thence N 07'39'W 125.28 feet; thence N 13°15' E 69.49 feet to a point on the South line of Lot 14-A, Callahan Subdivision, as set forth in Deed of Access Easement recorded January 11, 1985 in Book 479 at Page 661. PARCEL C: A right of access and vehicular access described as follows: a 24 foot wide private road adjacent to the most northerly point of Lot 14, being the road that circles Lot 14A, Callahan Subdivision;thence following said private road Easterly through Centennial Circle to Crystal Lake Road, and Northeasterly along the Westerly arm of said Crystal Lake Road to Colorado State Highway No. 82 as shown on the Final Plat and Development plan of the Callahan Subdivision, recorded 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 twenty-four(24) feet in width along and within the northerly boundary of Lot 5, Stillwater Ranch Subdivision and adjacent at all points to the southerly boundary of Lot 15, Callahan Subdivision, 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: A non-exclusive easement and right-of-way over, upon, across and under the portion of neighboring Lot 5, Stillwater Ranch Subdivision, depicted and described as the Easement Area on the drawing attached as Exhibit A to that certain Easement Agreement recorded July 23, 2012 as Reception No. 590784, for the construction, installation, maintenance, repair, replacement, relocation, operation, use and enjoyment of certain Infrastructure Improvements described in the Easement Agreement for the benefit of Lot 15, Callahan Subdivision, and for purposes of vehicular and pedestrian ingress, egress and travel between Ute Avenue and Lot 15, Callahan Subdivision for the access uses permitted by the Easement Agreement. EXHIBIT A�7 - - - - - - - - - - - - - - - - - - W t y Z. A 3•K to f.�� ds S 6 � 3 � 1 t 2] i Figure 1: Shared Driveway Easement D. Measuring Floor Area. In measuring floor areas for floor area ratio and allowable floor area, the following applies: 1. General. Floor area shall be attributed to the lot or parcel upon which it is developed. In measuring a building for the purposes of calculating floor area ratio and allowable floor area, there shall be included all areas within the surrounding exterior walls of the building or portion thereof. When measuring from the exterior walls, the measurement shall be taken from the exterior face of framing, exterior face of structural block, exterior face of straw bale, or similar exterior surface of the nominal structure excluding sheathing, vapor barrier, weatherproofing membrane, exterior-mounted insulation systems, and excluding all exterior veneer and surface treatments such as stone, stucco, bricks, shingles, clapboards or other similar exterior veneer treatments. (Also, see setbacks.) OUTSIDE INSIDE Property Window Exterior Face i Line of Framing Window Sill Wood Veneer '�---w Framing Stone Veneer I — Setback measured to Floor Area Measured to Face of Framing edge of veneer Figure 2: Measuring to Face of Framing City of Aspen Land Use Code Part 500—Miscellaneous Regulations Page 4 2. Vertical circulation. When calculating vertical circulation, the circulation element shall be counted as follows: a) For stairs and elevators, the area of the feature shall be projected down and counted on the lower of the two levels connected by the element and not counted as Floor Area on the top-most interior floor served by the element. b) When a stairway or elevator connects multiple levels, the area of the feature shall be counted on all levels as if it were a solid floor except that the area of the feature shall not be counted as Floor Area on the top-most interior level served by the element. c) Mechanical and overrun areas above the top-most stop of an elevator shall not be counted as Floor Area. Areas below the lowest stop of an elevator shall not be counted as Floor Area. 3. Attic Space. Unfinished and uninhabitable space between the ceiling joists and roof rafters of a structure which is either inaccessible or accessible only as a matter of necessity is exempt from the calculation of Floor Area Ratio and allowable Floor Area. If the space is conveniently accessible and is either habitable or can be made habitable it shall be counted in the calculation of Floor Area Ratio and allowable Floor Area. Examples: a) An area created above a"hung"or"false" ceiling is exempt. b) An area accessible only through an exterior access panel or crawl space is exempt. c) An area accessible only through an interior pull-down access ladder is exempt. d) A sleeping loft accessible via a stairway or a ladder is counted. e) An unfinished space which has convenient access is counted. If any portion of the attic level of a structure is to be counted, then the entire level shall be included in the calculation of Floor Area Ratio and allowable Floor Area regardless of other practical limitations to routine use. Areas of an attic level with thirty(30)vertical inches or less between the finished floor level and the finished ceiling shall be exempt, regardless of how that space is accessed or used Area of floor that does f not count a Figure 3: Thirty inch height exemption City of Aspen Land Use Code Part 500—Miscellaneous Regulations Page 5 4. Decks. Balconies, Loggias, Gazebos Exterior Stairways and non-Street-facing porches. The calculation of the Floor Area of a building or a portion thereof shall not include decks, balconies, exterior stairways, non.Street-facing porches, gazebos and similar features,unless the area of these features is greater than fifteen percent(15%)of the maximum allowable floor area for the property and the use and density proposed. If the area of these features exceeds fifteen percent (15%) of the property's maximum allowable Floor Area(for that use and density proposed) only the areas in excess of the fifteen percent(15%) shall be attributed towards the allowable Floor Area for the property. The area of these features shall be the maximum footprint of the feature including railings, fixed seating, fixed planter boxes,_ overhangs, _and similar structural components of the feature. Unenclosed areas beneath Decks, Balconies, and exterior stairways shall be exempt from Floor Area calculations unless that area is used as a carport. (See provisions for garages and carports, Subsection 7.) Enclosed and unconditioned areas beneath Porches, Gazebos, and Decks or Balconies when those elements have a finished floor level within thirty (30) inches of the surrounding finished grade shall be exempt from Floor Area calculations regardless of how that area is used. 5. Front Porches. Porches on Street-facing fagade(s) of a structure developed within thirty (30) inches of the finished ground level shall not be counted towards allowable Floor Area. Otherwise, these elements shall be attributed to Floor Area as a Deck. Area of porch not exempt rr f e S tr rf s e e F7 c t x k r* Exempt area of porch 6. Patios and Landscape Terraces. Patios and Landscape Terraces developed at finished grade shall not be counted towards allowable Floor Area. These features may be covered by roof overhangs or similar architectural projections of up to thirty (30) inches and remain exempt from Floor Area calculations. City of Aspen Land Use Code Part 500—Miscellaneous Regulations Page 6 7. Garages and carports. For all multi-family and mixed-use buildings or parcels containing residential units, 250 square feet of the garage or carport area shall be excluded from the calculation of floor area per residence on the parcel. All garage and carport area in excess of 250 square feet per residence shall be attributed towards Floor Area and Floor Area Ratio with no exclusion. Garage and carport areas for properties containing no residential units shall be attributed towards Floor Area and Floor Area Ratio with no exclusion. In the R-15B Zone District, garage and carport areas shall be excluded from the calculation of Floor Area up to a maximum exemption of five-hundred-square-foot total for the parcel. In zone districts other than the R-15B Zone District, properties containing solely a Single- Family, two single-family residences, or a Duplex, the garage and carport area shall be excluded from the calculation of Floor Area as follows: Table 26.575.020-2 Size of Garage or Carport Area excluded per primary dwelling unit (not including Accessory Dwelling Units or Carriage Houses) First 0 to 250 square feet 100% of the area Next 251 to 500 square feet 50%of the area Areas above 500 square feet No area excluded. For any property abutting an alley or private road entering at the rear or side of the property, the garage or carport area shall only be excluded from floor area calculations as described above if the garage or carport is accessed from said alley or road. If an alley or private road does exist and is not utilized for garage or carport access, the garage or carport area shall be attributed towards Floor Area calculations with no exclusion. If an alley or private road does not abut the property, the garage or carport area shall be excluded from floor area calculations as described above. 8. Subgrade areas. Subgrade or partially subgrade levels of a structure are included in the calculation of Floor Area based on the portion of the level exposed above grade. The percentage of the gross area of a partially subgrade level to be counted as Floor Area shall be the surface area of the exterior walls exposed above the lower of natural and finished grade divided by the total exterior wall area of that level. Subgrade stories with no exposed exterior surface wall area shall be excluded from floor area calculations. Example: If a the walls of a 2,000 square foot level are forty percent (40%) exposed above the lower of natural or finished grade then forty percent (40%) of that level, 800 square feet is counted as Floor Area. City of Aspen Land Use Code Part 500—Miscellaneous Regulations Page 7 s x Window Well i VII / / //<�i �//�%// /-// / -/i �/��%!i ,_ � r // �//,ice?/ ��/ <f � '• r� Exposed Percentage of exterior wall that's exposed equals Area below more restrictive grade i the amount of subgrade area that will count towards floor area calculation Figure 4: Determining the amount of a subgrade floor to be counted as Floor Area For the purposes of this section,the exterior wall area to be measured shall be the interior wall area projected outward and shall not include exterior wall areas adjacent to foundation or floors of the structure. _ rigor Stluctme Area of wa11 to be usedfai subgrade catculauon Fouadatian andFloocStructure Faund%ion Footor Figure 5:Measuring the Area of a SubWa& WaH When considering multi-level subgrade spaces, adjacent interior spaces shall be considered on the same story if the vertical separation between the ceilings of the spaces is less than 50% of the distance between the floor and ceiling of either space. City of Aspen Land Use Code Part 500—Miscellaneous Regulations Page 8 i i e s A I C ! Stairs I Space A and B are on the same level, while Space A and C are on different levels. Figure 6: Determining different building When a partially subgrade space also contains a vaulted ceiling within a pitched roof, the wall area shall include the area within the gable of the roof. Area counts towards wall calculation Figure 7: Pitched roof with subgrade calculation For garages that are part of a subgrade area,the garage exemption is taken from the total gross below-grade area prior to calculating the subgrade exemption. For example, a 2,000 square foot story containing a 350 square foot garage which is 40% above grade, the calculation shall be as follows: Garage exemption—the first 250 square feet is exempt and the next 100 square feet counts 50% or 50 square feet= 300 square feet of the garage which is exempt. City of Aspen Land Use Code Part 500—Miscellaneous Regulations Page 9 Subgrade exemption — 2,000 gross square feet minus 300 square feet of exempt garage — space = 1,700 gross square feet multiplied by 40% = 680 square feet of that level which counts towards allowable Floor Area. 9. Accessory Dwelling Units and Carriage Houses. An accessory dwelling unit or carriage house shall be calculated and attributed to the allowable floor area for a parcel with the same inclusions and exclusions for calculating floor area as defined in this Section. 10. Permanently Affordable Accessory Dwelling Units and Carriage Houses One hundred percent (100%) of the area of an Accessory Dwelling Unit or Carriage House which is detached from the primary residence and deed-restricted as a "for sale" affordable housing unit and transferred to a qualified purchaser in accordance with the Aspen/Pitkin County Housing Authority Guidelines, as amended, shall be excluded from the calculation of floor area, up to a maximum exemption of one thousand two hundred (1,200) square feet per parcel. In addition, the allowable floor area of a parcel containing such a permanently affordable Accessory Dwelling Unit or Carriage House shall be increased in an amount equal to fifty percent (50%) of the floor area of the Accessory Dwelling Unit or Carriage House, up to a maximum bonus of six hundred(600) square feet per parcel. 11. Sheds, Storage Areas, and similar Accessory Structures. Sheds, storage areas, greenhouses, and similar uninhabitable accessory structures, not within a garage, are exempt from floor area limitations up to a maximum exemption of thirty-two (32) square feet per residence. Storage areas within a garage shall be treated as garage space eligible for the garage —� exemption only. Accessory structures thirty-six inches or less in height, as measured from finished grade, shall be exempt from Floor Area calculations (also see setback limitations). Accessory structures larger than thirty-two square feet per primary residence and more than thirty-six inches in height shall be included in their entirety in the calculation of Floor Area. Properties which do not contain residential units are not eligible for this Floor Area exemption. 12. Historic Sheds and Outbuildings. The Community Development Director may provide a parcel containing an uninhabitable and limited function historic shed, outbuilding, or similar historic artifact with a Floor Area exemption to accommodate the preservation of the historic resource. The shed or outbuilding must be considered a contributing historic resource of the property. Functional outbuildings, such as garages, art studios, home offices, and the like shall not be eligible for an exemption. The Director may consult the Historic Preservation Commission prior to making a determination. The Director may require the property's potential to receive Floor Area bonuses be reduced to account for the structure. The exemption shall be by issuance of a recordable administrative determination and shall be revocable if the artifact is removed from the property. 13. Wildlife-Resistant Trash and Recycling Enclosures. Wildlife-resistant trash and recycling enclosures located in residential zone districts are exempt from floor area requirements of the zone district regulations if the enclosure is the minimum reasonably necessary to enclose the trash receptacles in both height and footprint, is an unconditioned space not located inside other structures on the property, and serves no other purpose such as storage, garage space, or other purposes unrelated to protecting wildlife. Wildlife-resistant dumpster enclosures City of Aspen Land Use Code Part 500—Miscellaneous Regulations Page 10 located in commercial, mixed-use, or lodging zone districts are not exempt from floor area requirements and shall comply with zone district requirements for Utility/Trash/Recycle areas. Enclosures shall be located adjacent to the alley if an alley borders the property and shall not be located in a public right-of-way. Unless otherwise approved by the Historic Preservation Commission, enclosures shall not abut or be attached to an historic structure. Enclosures may abut other non-historic structures. 14. Allocation of Non-Unit Space in a mixed-use building. In order to determine the total floor area of individual uses in a mixed-use building, the total floor area for non-unit space, which is common to all uses on the property, shall be allocated on a proportionate basis of the use categories outlined in the subject zone district's FAR schedule. The building's gross floor area, minus all non-unit space, shall be divided proportionately amongst the individual use categories in a building. These numbers shall then be calculated as a percent of the gross floor area number that does not include the non-unit space. A proportionate share of the non- unit floor area shall then be allocated towards each use category. This provision shall apply to all zone districts permitting mixed-use buildings. For instance, if a building was comprised of the following square footages: 2,000 sq. ft. commercial floor area + 4,000 sq. ft. free-market residential floor area + 2,000 sq. ft. affordable housing floor area + 1,000 sq. ft. nonunit floor area 9,000 sq. ft. total floor area Then the total unit floor area in the building would be eight thousand (8,000) square feet floor area. Using the allocation of nonunit space standard, the uses account for the following percentages of the total unit floor area: Commercial floor area=25% Free-market residential floor area= 50% Affordable housing floor area=25% Therefore, the one thousand (1,000) square feet of non-unit space is allocated to the different uses as follows: Commercial floor area=25% x 1,000 sq. ft. =250 sq. ft. Free-market residential floor area= 50%x 1,000 sq. ft. = 500 sq. ft. Affordable housing floor area=25%x 1,000 sq. ft. =250 sq. ft. When non-unit space is used exclusively by one use, the space shall be attributed to the floor area for that use. For example, if a lobby and elevator serve the free-market residential uses on the property, exclusively, then the area associated with the lobby and elevator shall be assigned to the floor area for free-market residential uses. 15. Airlocks. Permanently installed interior airlock spaces are exempt from the calculation of Floor Area Ratio and allowable Floor Area up to a maximum exemption of 100 square feet City of Aspen Land Use Code Part 500—Miscellaneous Regulations Page 11 per building. This exemption only applies to buildings containing non-residential uses and does not apply to single-family, duplex, or multi-family buildings. E. Measuring Setbacks. 1. General. Required setbacks shall be unoccupied and unobstructed within an area extending horizontally from the parcel boundary to the setback line and vertically above and below grade, excepting allowed projections as described below. Required setbacks shall be measured perpendicular from all points of the parcel boundary to the outmost exterior of a structure, including all exterior veneer such as brick, stone or other exterior treatments, but excluding allowed projections as further described in subsection E.5, below. Window Exterior Face of Framing a Window Sill Wood Veneer "-- Framing Stone Veneer Figure 8: Setback Measurement 2. Determining Front, Rear, and Side Yards. The front yard setback shall be measured from the front lot line. The Front Lot Line shall be the parcel boundary closest to or dividing a lot from a Street or street right-of-way. All parcels have a front lot line. There shall not be more than one front lot line. The rear yard setback shall be measured from the rear lot line. The Rear Lot Line shall be the parcel boundary opposite the front lot line. All parcels have a rear lot line. A parcel shall have only one rear lot line. Side yard setbacks shall be measured from the side lot lines. Side lot lines shall be those parcel boundaries other than a front or rear lot line. All parcels will have at least one side lot line and may have multiple side lot lines. City of Aspen Land Use Code Part 500—Miscellaneous Regulations Page 12 EXHIBIT a Mobile home park.A parcel or area of land upon which two(2)or more mobile homes,occupied or intended to be occupied for a dwelling, are located for any period of time, regardless of whether or not a charge is made for such accommodations, and whether or not the mobile homes and/or land are owned by the occupants. Monopole: A wireless communication facility which consists of a monopolar structure,erected to support wireless telecommunication antennas and connecting appurtenances. Motel. Same as "Hotel." Neighborhood.The area adjacent to or surrounding existing or proposed development character- ized by common use or uses, density, style and age of structures and environmental characteristics. Neighborhood Cafe:A commercial eating and drinking establishment where food is prepared and served for consumption on or off premises,limited to no more than 1,500 net leasable square feet and no limitation on outdoor seating and which may provide music or other performances and entertain- ment incidental to the primary use. Neighborhood Commercial Uses:Commercial establishments engaged in the selling or renting of consumer goods and merchandise to the general public and the rendering of services incidental to the sale or rental of such products. Neighborhood Commercial shall include Retail Uses(with the excep- tion of Restaurants and Nightclub and Bar), post office branch, Artist Studio, Commercial Kitchen, Bakery,Food Market,Neighborhood Cafd,broadcasting facility,movie theaters,and the sale or rental of Motorcycles, Motor-drive cycles, and Motorized bicycles as defined by Section 42-1-102 C.R.S, non-motorized vehicles such as bicycles,clothing,sporting goods,jewelry,books,videos,prescription drugs, liquor, hardware, furniture, and art, and similar uses and activities. Net leasable commercial and office space. Those areas within a commercial or office building which are,or which are designed to be, leased to a tenant and occupied for commercial or office pur- poses, exclusive of any area including, but not necessarily limited to, areas dedicated to bathrooms, stairways,circulation corridors,mechanical areas and storage areas provided,however,that these areas are used solely by tenants on the site. Net livable area.The area available within a building for habitation and human activity measured from interior wall to interior wall,including interior partitions,and inclusive of,but not limited to,hab- itable basements and interior storage areas, closets, and laundry areas; but excluding uninhabitable basements, mechanical areas, exterior storage, stairwells, garages (attached or unattached), patios, decks, and porches. Nightclub and Bar: A commercial establishment engaged in the sale or dispensing of liquor by the drink for on-site consumption in which the preparation and serving of food may be available and where music, dancing or other entertainment may be provided or conducted. City of Aspen Land Use Code. August, 2007 Part 100,Page 24 EXHIBIT Aspen Club Living Conceptual Energy & Mechanical Systems Plan 1300 Ute Avenue Aspen,Colorado Resource Report prepared by: Engineering Zack Gustafson �Group, Inc. August Hasz P.E. Resource Engineering Group,Inc. efficiency • sustainability • simplicity November 24,2008 Table of contents - - - - Section 1:Executive Summary Section 2: Conceptual System Description Section 3: Historical Data Breakdown Section 4: Energy Savings Plan Section 5: Final Development Energy Use Projections Section 1: Executive Summary Goal: The total energy use of the entire 1300 Ute Avenue site after the Aspen Club Living (ACL) development is complete will be equivalent to or less than the site's recent historic energy use. Summary: • Energy bills over the last three years average 18,600 million Btu/yr or 240 kBtu/sf yr for the existing 77,000 sf building.The high energy use per square foot of the existing site presents great opportunities for savings. • New development requires a complete HVAC retrofit for the existing building. Overall energy use for the existing building(including all site snowmelt)must be reduced to 15,900 million Btu/yr or less to meet the stated goal.The remaining 2,700 million Btu will be allocated to the planned 73,000 sf of additional residential space. • New development must be designed for 38 kBtu/sf yr or lower for fractional residential spaces and 34 kBtu/sf yr or lower for affordable housing spaces. • This energy goal is within reach.A 20%reduction in energy use of the existing site would free up enough energy annually to supply all new residential spaces on the site.The strategy for this reduction is addressed in Section 4. Page 1 Section 2: 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 auxilliary heat source for peak heating events. • One or two larger air handlers using hot water coils for heating and evaporative media for cooling will replace all of the existing air handlers in the main area of the existing building. • The lower level spa and massage rooms will be retrofitted with radiant hydronic ceiling panels for heating and Energy Recovery Ventilators (ERVs) for ventilation. • New fractional ownership 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. Townhouses: • New townhouses 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 y Section 3: Historical Energy Use Breakdown Existing Site Energy Use 18,600 Million Btu/yr Snowmelt 3% ". r EE, 4 Tennis bubble z �, heating 7% R. Pool Heating J/ 9% DHW Lighting & Plugs 17alo 19% 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. Page 3 _ _ — Reductions tm energy use iothe existing Aspen Club will come from several different areas using u combination ofdifferent methods. Space heating & : Existing Club Space Heating The breakdown of the existing 20000 energy bills shows auaverage - energy use of745Omillion 15000 0tu/»rof natural gas and 797 million ]�� /vrwfc}cztziciiytn B- — 1OOOO heat and cool the cxiudug building.This represents 45% 0f the total use. Using the heating SOOO system described in Section 3, our analysis shows a6896 U _ reduction in the energy required Thhs| Site Existing Use Reduced Use for space heating resulting io Energy 5,825 odDino Btu/vror3U96 _ 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 Uwadm: Existing Club Lighting and Plug Loads Energy use hv lights and Z0000 — equipment totals 3'523million All energy uses Bto/vr (lO33 r). urabout 150OO Savings 1946 nf total yearly energy use. — 7Y�iocan he reduced uo part nf CO 1000� L nrnQ&omus the renovation using \ovvcr 18,581 wattage lighting and control z 5000 strategies that turn off U-btsand 713 equipment when they are not in | use. �� 2O�� reduction inligbdog O �------- -'--- ~ "^~ — and plug loads io the oxisdo� Total Site Existing Use Reduced Use Energy building results iu7l3million Btu/«r, mrau additional 496 savings in overall energy use. Page 4 _ _ - DHW: Existing Club Domestic Hot Water The energy spent heating water 20000 for domestic use represents All energy uses 3,170 million Btu/yr or about 15000 18% of the total site energy.The = Savings majority of this is for laundry 9 10000 ----- DHW and showers. Using GSHPs, we `0 18,581 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 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 \ All energy uses envelope and air handling ++ Pool heating system well greatly increase 0a 10000 indoor air quality and thermal `o 18,581 comfort in the space,but will result in a small increase in pool 5000 ---•-----------------•-------•----••- -- energy use. Solar thermal panels 1,233 1,860 were not modeled,but could o provide additional energy Total Site Existing Use Incresed Use P gY Energy -- savings. Tennis bubble: - - - - Existing Club Tennis Bubble - Discarding the tennis bubble 20000 and its heating system,as All energy uses planned,represents a 7% 15000 ...... Savings ......... savings.The bubble is a fairly ; simple structure with a m 10000 --- - -'Tennis bubble - --------- straightforward heating system o 18,581 and is easily modeled. Our f 5000 .... ---•-•••--•- model predicts an average energy use of 1,224 million 013?? 1'322 Btu/yr of natural gas and 103 million Btu/ r of electricity for Total Site Existing Use Reduced Use Y Y Energy fans and lighting.This is based on the optimistic 80% nameplate efficiency of the existing heating system,continuous conditioning to 50°F, and a generous R-1.7 insulation value for the skin of the bubble. Page 5 Snowmelt: Existing Club Snowmelt The proposed area for snowmelt 20000 is 550% greater than the existing rea,increasing the 15000 ....... g g � All energy uses energy used.We estimated the Snowmelt increased use with calculations 10000 ss,581 ........ based on the Aspen-Pitkin Energy Code and historic f 5000 ------------------------------------- snowfall data for the Aspen - area. 581 3: 0 Total Site Existing Use Increased Use Energy Energy Savings Plan Summary: The above savings measures in addition to increased energy use for pool heating and _ snowmelt,yield a total energy savings of 6,370 million Btu/yr or 34% over recent historic energy use.This represents enough energy to supply the planned new development as well as a cushion to absorb small changes in construction design, and allow for variability - in energy use patterns of club guests and residential tenants. Projected Site Energy Use 18,600 Million Btu/yr Space heating & Total Sarhgs - — cooling 14% Snowmelt . 18% ----- Lighting & Plugs 1 15% Tennis bubble heating 0% Pool Heating 10% Page 6 Section 5: Final Development Energy Use New Energy Use 181600 Million Btu/yr or less Affordable housing 2% Townhouses x s ` 4 8% lv tea, l2enavated -- Asgen Club . Club units 3% The energy use of the affordable housing units, townhouses,and club 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 townhouses 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 72,000 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 PEP MIRE FENCf 80 _ xe oo'wIDE —anon AE�s¢isi.EHT ..Property Lr_ne� ��!_ D �s T'L EASEUENi PER PLAT 4P _---, -------------- II SILVER LINING RANCH PARCEL AHU 1 AHU 2 ---- / 5-C R pVE w z N. `\ $ 60' STI LWATE WAY RADIUS PER STILLWATER RANCH PAGDI BISIDN/P.U.D.BOOK 35 AHU 3 Nc � �� I�I t iI\ AHU 4 ���, �,� . I 1 � I I �I / u LnIEAY I PER PLAt T- d � I / i �� •/ LEGEND %RIGHT DF-WAY // -Y.� /', IK IXdnhL NRIFR YIIK II i I PER STILLWATER it I RANCH Y w EXdImG)?'RR/£R wuN I i-n SUBDINSION/P U D ✓ wv FRp�0.SfD PI'S/OPV npN [�rrc ` I BOOK 35 PAGE 88 ✓ ___ PMVFERry b�Y/NQIR/ lb Service __ _____ apovosm cw casnnc o/d r i+ .d R�RPS'e mrr or,LSVNUr R Service , ' - „s! c��roCOrx.m�cacE CUB-eE•-.uo 6 El ev. / Rlorra y ROCK RETAINING WALL 8029 - I Ntw axw essuv,wo Rnc-r ® rnrorosxa aw:wcc BISON VW WLEI �'r / � / �� W Nnr zr••�mm�c,�e•. tabbies' sR RAUPACE 'I iI I / Nom'�'I k<�'^�^' GRAPHIC SCALE -pP.A I r AR' eEE E..)u:. 1 1 I /�� 5o R RvARESUBp VISION/P.I I J OPEN e(a j3 �1 . X �r I�ecn•w n. 5 PRELIMINARY SCHMUESER GORDON MEYER o E zoos m NOT ,Bw. 'M treet.s I[B 2op Aspen Club and S a �m o§§ s,C 4 rd g1Bp p p CUL—DE—SAC FOR s�/'b�'OSXo� CONSTRUCTION SOHMUESER agRR ME ER SPen,Colorado(970)925-6727 Aspen, Colorado Improvements Crested Butte.Co 19 7 01 349-5 35 5 EXHIBIT 2. TF7✓� t t � �' ? y. t. rt r ( $ �4 t t n 0 Q o � e d / 9 o � e e { EXHIBIT Aspen Club & Spa PROPOSED TRAFFIC SAFETY TRANSPORTATION DEMAND MANAGEMENT TOOLS 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 worked with the City of Aspen Transportation Programs Manager,Lynn Rumbaugh 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. This will be a living,evolving program reinforcing the actions that work effectively and weeding out those measures that are not effective. Baseline conditions have been established via high season traffic counts at key locations in the vicinity, including Ute Avenue and the Club entrance. We understand that this process of creating a safer street is a continual work in progress. To manage this process, the CIub will have a designated Transportation Coordinator who will manage all of these programs as a function of their job description. In addition, the Aspen Club will remain an active member of the Transportation Options Program with a designated transportation contact for the City. Envisioned Traffic Management Measures As stated above we believe we can create a traffic management plan that limits any growth in traffic on Ute Avenue due to this project. We would do this through a flexible set of tools used to reduce overall traffic. Through the insights of Mrs. Rumbaugh, we have developed a management plan that breaks down traffic by different groups of users of the Club. We would further propose that we implement our plan in phases starting with those things that potentially have both the greatest impact on traffic creation, are the easiest to implement and utilize existing resources as much as possible. Along with our management tools we will continue our seasonal monitoring program where we can track the impact of our program on actual traffic. The target groups break out as follows: • Employees Commuting to the Club • Employees Living On-Site in Aspen Club Affordable Housing 1 • Members of the Club • Guests of the Club • Aspen Club Living Owners The initial set of traffic management tools per group would be: Employees Commuting to the Club 1. Employees will be encouraged to carpool, shuttle or ride the bus to the Club. Employee parking will be limited to the Crystal Lake Parking lot. This will be enforced by the designated Transportation Coordinator. - 2. The Aspen Club will provide reduce priced bus passes for employees to use RFTA.The Club currently subsidizes 50% of employee's bus passes and we will continue to do so into the future. 3. 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. 4. The Aspen Club will organize carpools for employees who have to commute to the Aspen Club. We will prioritize matching employees with other Aspen Club employees, but if necessary,we will look outside of the company as well to create carpools. 5. Shared bicycles for employee to take trips to town will be available at the Club. - a. Initially,up to ten bicycles will be available. This will be increased if justified by demand. b. A check out / check in system such as using electronic ID card will be implemented for use. 6. The Aspen Club will create incentive plans for carpoolers, bikers, walkers and RFTA riders potentially consisting of gift cards,punch cards,prize drawings or end of season raffles. -- 2 7. The Aspen Club will provide shuttle service to and from the Club at regularly scheduled intervals. These would augment the Cross Town Shuttle services and serve Ruby Park and set points in town to make commuting easier for our employees. a. Shuttle vehicles will be reduced emissions or zero-emission. This service is envisioned to be provided from 7 AM to 9 PM every day during the peak summer and winter seasons. These hours may be increased or decreased depending on actual demand experience. During shoulder seasons and before 7 AM and after 9 PM,service will determined by demand so as not to be running an empty shuttle. A route and a schedule will be developed and coordinated with the City Transportation Department on an annual basis for the first three years of operation. - b. Signs and other information identifying the routes and times will be posted at the Club,and,if permitted,at Ruby Park and in town. c. The shuttle service will look to coordinate pickups and drop offs at Ruby Park to coincide with RFTA bus arrival and departure times. d. Employees will be allowed to use the shuttle vehicles for errands they have in town. e. There will be no charge for the service. 8. 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. As we are planning to use the City's ERH program,we will work with them to set some limits on the extent of that use in terms of cost. Employees Living On-Site in Aspen Club Affordable Housing 1. Preference for access to On-Site Affordable Housing would be given to employees who agree not to park a car at the Aspen Club. Move-in packets will provide information on all alternative transportation programs provided in Aspen. 2. The Aspen Club will provide shuttle service to and from the Club at regularly - scheduled intervals. These would serve Ruby Park and set points in town to make not 3 having a car on-site easier for our employees who live on-site. The shuttle would also be available for on-call pickups and drop offs as it is today. a. Shuttle vehicles will be reduced emissions or zero-emission. b. This service is envisioned to be provided from 7 AM to 9 PM every day during the peak summer and winter seasons. These hours may be increased or decreased depending on actual demand experience. During shoulder seasons and before 7 AM and after 9 PM,service will be on-call. c. The shuttle will be available for errands such as grocery shopping trips into town. d. Signs and other information identifying the routes and times will be posted at the affordable housing units. e. Residents will be encouraged to use the Shuttle for errands they have in town. f. There will be no charge for the service. 3. Car sharing vehicle will be available, on-site, for employees living in affordable housing. a. We will work with Roaring Fork Valley Vehicles to have one car share car stationed at the Aspen Club for Aspen Club employee use. b. Employees living in the on-site affordable housing will have access to the car share program at the normal RFVV rate scale. c. The vehicles will remain on-site overnight. d. Electronic ID cards or monitoring method then in place by RFVV will be utilized. 4. Shared bicycles for employees to ride to town will be available at the Club. a_ Initially,up to ten bicycles will be available. This will be increased if justified by demand. b. A check out / check in system such as using electronic ID card will be implemented for use. 5. Arrangements will be made with a local car rental company for discounted car rentals. a. The Club will arrange for discounted car rentals for our employees who live on- site. 4 b. Employee living on-site will be able to use these vehicles to take trips outside of Aspen. c. Trips will be charged at the negotiated discounted car rental rates. Members of the Club 1. The Aspen Club will provide shuttle service to and from the Club at regularly scheduled intervals. These would serve set points in town to make it easy for our members who live or work in town to take our shuttle. a. Shuttle vehicles will be reduced emissions or zero-emission. b. Information on this service will be provided in membership materials. c. This service is envisioned to be provided from 7 AM to 9 PM every day during the peak summer and winter seasons. These hours may be increased or decreased depending on actual demand experience. During shoulder seasons and before 7 AM and after 9 PM,service will be on-call. d. Signs and other information identifying the routes and times will be posted at the Club,and,if permitted,in town. e. The shuttle will be on call as well as having a set route. f. There will be no charge for the service. 2. 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. - 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. Guests of the Club 1. The Aspen Club will provide shuttle service to and from the Club for guests at regularly scheduled intervals. a. These would serve set points in town, as well as be on demand, to make it easy for our guest who are visiting town to take our shuttle. b. Shuttle vehicles will be reduced emissions or zero-emission. 5 _ c. Information on this service will be provided in guest materials. d. The Club will work with Hotel partners in town pick to up their guests in a timely manner. e. This service is envisioned to be provided from 7 AM to 9 PM every day during the peak summer and winter seasons. These hours may be increased or decreased depending on actual demand experience. During shoulder seasons and before 7 AM and after 9 PM,service will be on-call. f. Signs and other information identifying the routes and times will be posted at the Club,and,if permitted,in town. g. The shuttle will be on call as well as having a set route. h. There will be no charge for the service. 2. Most guests today arrive by hotel shuttles. The Aspen Club will continue to work with our hotel partners to make the Aspen Club shuttle services known and minimize shuttle trips to the Club while maximizing shuttle utilization. Owners and Guests 1. Aspen Club Shuttle service to and from the Airport will be provided for owners and guests. a. Information on this service will be provided in reservation materials and - recommended to all incoming owners and guests. Also included will be information on all alternative transportation programs provided in Aspen. b. Service will be at the airport at the scheduled arrival time. A phone request for service will not be required, but a cell-phone contact will be provided in case of schedule changes. c. Low-emission vehicles will be used. d. There will be no charge for this service. 2. The sales and reservations program will emphasize the overall philosophy of the project and our alternative transportation beliefs. 3. Electric vehicle will be available,on-site,for owners and guests staying at the Club. 6 a. We will start with two or three electric cars available at the Aspen Club. Depending on the utilization and popularity of this opportunity we may purchase additional cars. b. Owners and guests will have access to the car program on a simple first come first served basis. c. The vehicles will remain on-site overnight. d. Electronic ID cards or other monitoring methods will be utilized to track usage of the vehicles. 4. Shared bicycles for owners and guests to ride to town will be available at the Club. a. Initially,up to ten bicycles will be available. This will be increased if justified by demand. b. A check out / check in system such as using electronic ID card will be implemented for use. 5. Arrangements will be made with a local car rental company for discounted car rentals. a. The Club will arrange for discounted car rentals for our owners and guests who want to take longer trips while they are in town. b. Owners and guests on-site will be able to use these vehicles to take trips outside of Aspen. c. Trips will be charged at negotiate discounted car rental rates. Phasing The above represents a comprehensive set of Traffic Demand Management tools. There are additional tools we can add to our Demand Management planning on an as needed basis depending on the results we are seeing in our Monitoring program below. Additional Traffic Demand Management tools might include: Additional Shuttle Service More aggressive internal advertising for Club's Transportation Options Better rewards program for employees and members who take alternative transportation to the Club 7 Additional Restrictions on Employees Driving to the Club Additional Restrictions on car ownership for residents in Club Affordable Housing. Paid Parking at the Club Monitoring Program The effectiveness of the program will be measured in several ways: 1. Vehicle counts have been performed at Ute Avenue and at the Club and will continue twice a year during March and August starting for five years after the project is completed. 2. Survey of above target groups to ensure their knowledge of the programs. 3. Results will be summarized in Memorandum form complete with tabulations and charts so that year-to-year trends are readily apparent. 4. A Year in Review TDM technical report will be prepared by Club management. The report will identify overall conformity with trip reduction goals and suggest improvements that could achieve better compliance and intended success. This report will be shared with the City staff each year so that together we can address issues before a formal review. 5. If additional phases of traffic management tools are needed, we will phase them in over time. 6. Two years after completion of project, results will be submitted and reviewed by city staff. Should staff see the need for program improvements, City Council will be consulted. Another review will occur five years after completion of the project. 7. If all else fails, we will implement a shame and beratement program in which we will taunt and throw rotten eggs at drivers on Ute Avenue. Envisioned Ute Avenue Safety Plan 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: 8 1. SPEED HUMPS with CROSSWALKS - Three of these are shown on the schematic below: one at Aspen Alps, one at the Gant tennis courts 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 two most westerly speed humps, 2. SPEED HUMP without CROSSWALK- One is shown in the vicinity of the Cemetery. Its characteristics include: a. Smooth transition to and from a height about 3 inches above the existing pavement surface,with no flat crosswalk 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). 3. SPEED HUMP SUMMARY - Together this layout provides a speed hump about every 450 feet,with a bit longer spacing between the Gant tennis courts and the cemetery. 4. NEW SIDEWALK- The Aspen Club will install a new sidewalk to the south side of the Aspen Club. It is our understanding that the City is exploring the feasibility of putting a sidewalk on the south side of the Benedict Building that would connect to the Aspen Club Trail and to the Aspen Club. 9 i Station(100 feet each) 10~ 11- 12_ 13_ 14- 15_ 16` 17- 18- 19- 111- 112- ORIGINAL Ute Pl. Parking Curb\ Parking Ute Avenue ) _Speed Humps with Crosswalk _ < No Curb c m y y a y Aspen Mtn S.Alps Ute Ct. M 0 Road Road SCHEMATIC UTE AVENUE TRAFFIC CALMING --WEST HALF Station(100 feet each) 112~ 113` 114` 115~ 116- 117- 118_ 119- 120-- 121_ 122- 123- 124- 125_ 1 / Existing Trail y 1 1 v I ASPEN NEW c Curb No Curb _________.t 1 SIDEWALK m m CLUB PARKING y' Speed Hump > Ute Avenue > 4. _Speed Hump with Crosswalk O No Curb , ♦ Lite Trail SCHEMATIC UTE AVENUE TRAFFIC CALMING -- EAST HALF NORTH T", Scale along Ute Ave.centerline is approximate. Width of loads is exaggerated. 7-Nov-05 EXHIBIT TDATransportation Consultants COLORADO INC. October 29, 2008 Michael Fox Aspen Club International 1450 Crystal Lake Road Aspen, CO 81611 Dear Michael, As agreed,we have summarized high summer season traffic count data that was collected over three consecutive days in August in the vicinity of the Aspen Club and Spa. This data, along with prior traffic counts from this past March during the Spring Break period and in August 2004, will help establish benchmarks for monitoring actual traffic changes associated with your planned addition of 32 dwelling units at the Club property. We have also estimated what level of Club traffic currently passes through the four key intersections that will be "gauging stations"for monitoring future changes associated with the Club development plan. Key findings from the combined data collection efforts as further described below are: • Weekday traffic volume on Ute Avenue is about 70%higher than the weekend day average with Tuesday and Thursday being slightly higher than the other three weekdays. • Summer day 24-hour weekday traffic volumes on Ute Avenue are about 50% higher than the corresponding winter weekday volumes. • Club and Spa daily traffic volume is slightly higher on Friday, as compared to mid week or weekend days. Hourly traffic activity at the Club is highest and fairly uniform between LOAM and 1PM, and again between 3PM and 6PM for weekday and weekend. • As a"design day"for assessing future development traffic, a Thursday during August would represent a typical high traffic activity day for the surrounding neighborhood,when Club traffic is near its daily peak volume. w • 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. • On a 24-hour basis, Club traffic using Ute Ave is about the same level as the volume attributed to Ute Place residences and the other abutting uses located between Ute Place and Original Street- 900E Louisiana Ave.Suite 10D-Denver.Cobrodo 80210-30a825-7101-FAX 303-825-7108-TDA @tdocolorado.com Aspen Club&Spa Traffic Count October 29,2008 page 5 DAILY VOLUME COMPARISONS A summary of the 24-hour summer count data along Ute Avenue, shown in Figure 2, affirms the common trend in resort towns that weekday volumes are higher than on weekends. Figure 2 illustrates daily volumes, for the three days of the count, at three of the count locations. Volume on Ute Place is calculated using data from Locations #1 & #4. During the count, Thursday represents the peak with nearly 2,200 vehicles per day on Ute Avenue just east of Original Street. Friday volume on Ute Avenue is almost 90% of the peak Thursday volume, while Saturday volume is just 60% of the Thursday peak. Similar percentages are shown on Ute Avenue just east of Ute Place. Also noted here, while weekday daily vehicle volume to and from the Aspen Club is fairly consistent, Friday was marginally higher than Thursday, unlike traffic on the adjacent streets. Figure 2 Volume Profile August 2008 Daily Volume Comparison along Ute Ave&at Aspen Club Main Lot Entrance ®Ute Ave e/o Original St 2,172 2,000 1,932 ®Ute Ave e/o Ute PI H ©Aspen Club entrance 1,499 L 1,500 1375 -- -- 1,277 i T 1,000 --- 866 0 676 609 500 414 - - - 0 Thurs Fri Sat MA Colorado Aspen Club&Spa Traffic Count October 29,2008 Page 2 • Just a few Club members/workers currently use the Crosstown bus route that runs along Ute Avenue. e At the busiest intersection in the vicinity- Original Street/Cooper Avenue - Club & Spa trips represents about 8% of summer day total traffic in the AM peak hour and 5% in the higher overall volume PM peak hour. INTRODUCTION To augment and further identify peak traffic conditions in the vicinity of the Aspen Club & Spa, recent summer traffic counts were collected to compare with winter counts at nearby locations. Count locations and time periods were selected in concert with City engineering staff. By design, counts performed at the same locations during the same calendar week in future years will help identify changes associated with Aspen Club and Spa development traffic. Specifically, future counts will help document the degree of success in implementing - the wide ranging Transportation Demand Management Plan that is being designed for your planned mixed-use expansion program. This report summarizes the new August 2008 summer counts and compares with available March 2008 winter counts, as well as the earlier August 2004 summer traffic counts performed at two intersections along South Original Street and the access drive to the Aspen Club & Spa. The March 2008 counts were collected during the high winter season of Spring Break while the August 2008 counts reflect high summer season conditions. Data were collected by the firm All Traffic Data Services. DATA COLLECTION 24-Hour Volume In March 2008, Ute Avenue east of Original was counted for seven consecutive days. All vehicles passing each location were recorded separately for each travel direction. This week- long count identified daily variations in Ute Avenue traffic volumes throughout a Spring Break week. Exhibit A illustrates the total and directional daily volumes for the full week. As is common in mountain resort towns,weekday volumes are higher than those on weekends. During the count week Tuesday and Thursday each exceed 1,500 vehicles per day. The average weeks total daily Exhibit A I Total Daily Traffic by Direction on Uts Avenue south of Original Street March 2008 1,600 53 Southbound 1.400 I Wrthbound -- i 1.200 > 800 - � 600 400 ''�a 200 d., 3124/08 3/25/08 I 3126108 3/27/08 1 3/28/08 3/29108 3130108 Mon Tue Wed 'I Thu Fn Sat Sun I MA Colorado Aspen Club&Spa Traffic Count October 29,2008 Page 4 Main St. (SH 82) NORTH Not to Scale Hopkins Ave i _ .p O n CA CD �' �. CD Hyman Av ''' �° 0 m ; ,� �• r* cn a CL / r* y Cooper Cooper Xve City / M rket Ruby*Pari Durant Ave Transit Dean Ave Dean Ave Waters Ave • aYsfalLake Rd 1 Lasco Ln / parking Q K� V O =Turning Movement Count (5) Z sGfe ` Q Foot — =24-hr Directional Count (6) q�e • • — • • . •oath 4t% ❑ = Daylight Ped/Bike Count (1) Figure 1 Traffic Monitoring Count Locationsw . Aspen Club&Spa Lodging Development 3 . Aspen,Colorado MA Colorado Aspen Club&Spa Traffic Count October 29,2008 Page 3 volume of 1,300 is about 70%higher than the weekend average of 800 vehicles per day. For comparison, CDOT data shows that SH 82,as it follows along Cooper Avenue,just southeast of Original St.,carried _ 6,900 annual average daily vehicles in 2007. The August 2008 count was conducted in collaboration with City public works staff. Three days of continuous traffic volume data were collected at six locations. 24-hour count data - were collected from midnight Thursday, 8/21 through midnight Saturday, 8/23. The six 24- hour count locations are listed here and identified in Figure 1: 1. on Ute Avenue east of Original Street 2. on Original Street south of Ute Avenue 3. on Aspen Club & Spa entrance north of Ute Avenue 4. on Ute Avenue east of Ute Place 5. on Crystal Lake Road west of SH 82 6. on Crystal Lake Road west of the X intersection Locations #1, #3, and#4 lie along Ute Avenue, the main road serving the Aspen Club & Spa. Locations #5 and#6 serve a parking area along the north side of the Roaring Fork River which connects to the Aspen Club & Spa via a footbridge over the river. Location#2 lies on an alternate route for vehicles heading out of town. Intersection Peak Hour Volumes Turning movement counts were recorded on Thursday, Friday, and Saturday, August 21-23, 2008, at four intersections along the usual travel path for vehicles accessing the Aspen Club & Spa. Two-hour counts were performed from 7:00 to 9:00 AM and 4:00 to 6:00 PM to determine the peak 60 minutes of traffic flow during the usual morning and evening peak periods. The four turning movement count locations, also identified on Figure 1, are: 7. Cooper Avenue at Original Street 8. Durant Avenue at Original Street 9. Cooper Avenue at West End 10. Durant Avenue at Spring Street Data were also collected at Locations #7 & #8 above during a Friday, Saturday, and Sunday in March, 2008 and a Wednesday & Thursday in August, 2004. Aspen Club Entrance Volume Video recordings collected count data at the Ute Ave. entrance to the Aspen Club & Spa on Friday, August 22 for nine hours from 10:00 AM to 7:00 PM. This provides detailed information on turning movements made by vehicles, bikes and pedestrians into and out of the Aspen Club at both the main lot and side lot entrances. In addition, bus patronage was noted, counting riders on and off each bus arriving on the half hour. Secondary access to the Club is provided on the north side, via a pedestrian bridge over the Roaring Fork River. This bridge and trail connects to a designated Club parking lot along Crystal Lake Road, north of the river. A nine hour video count on Friday, August 22nd, from 10:OOAM to 7:OOPM, recorded pedestrian activity there as well. MA Colorado Aspen Club&Spa Traffic Count October 29,2008 Page 7 Hourly volume entering the Aspen Club&Spa varies throughout the day. Figure 5 illustrates hourly total volume accessing the Club from Ute Ave,showing variations for Thursday,Friday and Saturday. Friday late morning exhibits the highest hour with a total of 67 vehicles in and out during the 9:00 to 10:00 AM period. Also shown are the peaking characteristics and how they vary by day of week. - Each day has a mid-morning peak period from about 10 AM-Noon and a late afternoon peak from about 4-6 PM. Saturday afternoon volume drops off starts earlier than the weekday 6 PM drop off. Figure 5 Total Volumes at Aspen Club Main Entrance No Ute Avenue August 2008 70 ---_.- ------- Thurs H 60 -- - - Fri °—' 50 - - Sat m 40 - - -- - -- ---- - >, 30 - - -- - --- c 20 --- - - - -- -- _ 10 1 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 j Hour Ending INTERSECTION PEAK HOUR VOLUMES Figure 6 displays the Thursday AM and PM peak hour volumes for each turning movement at the four intersections counted. Total Thursday volumes are also shown at each of the six 24- hour locations. Turning movement counts are summarized every 15 minutes. The peak volume is defined as the highest total of four consecutive 15-minute volumes. The AM peak hour usually occurs between 7 and 9AM, while the PM peak hour occurs between 3:30 to 6:30PM. The highest turning volumes occur during the PM peak hour at the Original/Cooper intersection with 130 southbound left turns and 187 eastbound right turns. Both of these movements are links in the State Highway 82 designated route through the city. CLUB & SPA TOTAL DAILY TRAFFIC VOLUME As depicted in Figure 6, combining 610 daily Club vehicles on Ute Avenue with the 250 vehicles using Crystal Lake Road suggests a total of 860 vehicle trips attributed to the Club& Spa on a typical summer weekday. MA Colorado Aspen Club&Spa Traffic Count October 29,2008 Page 6 Crystal Lake Road provides an alternate access to the Aspen Club & Spa site via SH 82. Vehicles can park at a designated Club parking lot along this road and walk across a footbridge over the Roaring Fork River to the Club entrance. As shown in Figure 3, nearly 60% of the volume on this road is headed toward the parking area serving the Aspen Club. The remainder accesses residential areas along Crystal Lake Road. Again, Thursday volumes are highest with Friday at about 97% and Saturday at 60% near the highway and 40%closer to the river. Figure 3 Crystal Lake Road Total Daily Volumes August 2008 O Thurs 422 410 Fri aoo ®EJ Sat 300 i 239 248 245 uai 200 -- -— m t n m >:_ 95 too Daily Volumes on Crystal Lake Road south of SH82 Lot Entrance Seasonal variations in traffic are depicted in Figure 4, comparing total daily volumes on Ute Avenue east of Original Avenue during the winter season in March and high summer season in August 2008. As shown, summer Thursday volumes are again higher than Friday or Saturday, with the Friday and Saturday proportions nearly the same in winter and summer. As is also common in mountain resort towns, summer volumes are again shown to be higher than winter volumes. The August Thursday total is 50% higher than during a Spring Break week in March, with similar percentage comparisons for Fridays and Saturdays. Figure 4 Ute Avenue Total Daily Volumes E3 ThUrS March vs.August 2008 2,172 a Fri 2,000 1,932 El Sat - -- 1,452 'O 1,500 -- 1,235 s 7T s , 872 �. X 1,000 X >; >. RE ' " `R Y? ? I 500 on Ute Avenue east of Original Street March August high winter season high summer season MA Colorado Aspen Club&Spa Traffic Count October 29,2008 Page 8 N O Main St. (SH 82) cn o w 1 NORTH 19(65) L 81 (187) Not to Scale 45(84) 44(76) 8(29) 15(21) 3.•a O (D 12 (228) --j, 4-133(2 7) a to A 1 (7) --i i--6(12) NON Cn4 EL CL v W N Cn /• O W^ • .a Cooper Ave(SH 82) .. ., 6,900 _ ,........ ....... w city / 0) v Market Durant 49(78) 8(24) 91 (99) x--67(77) Dean Ave Waters Ave LLsco Ln /V o, ?9� s _ Foot path ON • ..., ' 0) A. �taq Lpver river w I •� t 0 I • 1 t,. w 19(52) L 9(20) 70(54) 34(24) 38(31) r 5(9) $' Figure 6 Existing (Thursday 8/21/08) o. g AM (PM) Pk Hr Volumes p ••� • _ ° &24-Hour Volumes N A v Aspen Club&Spa Lodging Development Aspen,Colorado MA Colorado Aspen Club&Spa Traffic Count October 29,2008 Page 9 VOLUME COMPARISON FROM PREVIOUS COUNTS Data was also collected at two of the four intersections shown in Figure 6. These earlier counts were during a Friday, Saturday, and Sunday in March, 2008 and midweek in August, 2004. The data show that at the Cooper and Durant intersections with Original Street, winter weekday AM peak hour volumes are slightly higher than for summer weekday AM, but the reverse is true in the PM, where summer weekday PM peak hour volumes are higher than in winter. Specifically, data show that at the Cooper/Original intersection, the AM peak hour weekday August 2008 volumes are 14% lower than the August 2004 counts and 4% lower than the weekday March 2008 counts. However, the August 2008 PM peak hour volumes at the same location are only 4% lower those in August 2004, yet 22% higher than in March 2008. Figure 7 displays this data, showing that weekday PM peak hour volumes represent the highest hourly volumes, regardless of the season. Figure 7 Comparison of Peak Hour Total Volumes NSummer2008 Summer 2004 at Cooper& Original Winter 2008 a 968 929 1,000 — ----------- -- ---� 688 721 778 750 _ - - - 515437 ..... 505 500 ;.;::,;. --- 4t-t 2 284 50 0 Weekday Weekend AM PM AM PM At the Durant/Original intersection, the available Thursday, Friday& Saturday data show that summer and winter peak hour volumes have less variation, as shown in Figure 8. However, weekday PM peak hour volumes are again the highest. As stated earlier, total daily volumes are higher in the summer than in winter. This indicates that a greater portion of total daily trips are occurring outside of the peak hours during the summer than in winter due to longer days and usually better roadway conditions. Figure 8 i Comparison of Peak Hour Total Volumes at Durant& Original 1,000 --------- :>: Summer 2004 Winter 26t5$ 750 - - - - Summer2008 -- - > 500 523 387 476 --- --- ---- 358 292 336 375 327 :•;:: _ - 250 ::: 212 203 - -..... a 0 Weekday Weekend -- AM PM AM PM MA Colorado Aspen Club&Spa Traffic Count October 29,2008 Page 10 CLUB & SPA TRAVEL MODES Vehicle Trips by Hour of Day As shown in Figure 9, Aspen Club trips tend to build gradually in the morning starting at 8 - AM and to reach a plateau of about 55 vehicles per hour by 11 AM that lasts through 1 PM, picking back up to this level between 3 PM and 5 PM before tapering off steadily into the evening hours. During the busy part of the average day, from 8 AM to 7 PM, Club & Spa traffic varies from 21%to 34% of total traffic on Ute Avenue at the Original Street intersection. As shown in Figure 9, the hours with higher proportional share of total traffic attributed to the Aspen Club are 10 to 11 AM, when Club trips peak and 4 to 5 PM_, when Ute volume begins to taper off. Figure 9 Hourly portion of Aspen Club Trips ®Total on Ute e/o Original on Me Avenue e/o Orignal Street ■Aspen Club entrance vols 200 —_------ — i 150 a ,00 KI I I � - - - - 50 0 pal 'Hour Ending - Peak Hour Volumes At the Aspen Club entrance, the AM and PM peak hour volumes used in analyzing traffic impacts at intersections in town occurred on Friday from 8:00-9:OOAM and from 3:30- 4:30PM. The AM peak hour Club volume of 54 trips had 40 in and 14 out, while the PM peak hour volume of 67 trips had 36 in and 31 out via the Ute Avenue entrances. Alternate Modes of Arrival Pedestrian Volumes There are residences in the surrounding neighborhood and some Club members do walk to the facility. From LOAM to 7PM on Friday,the daytime video count shows a total of 18 pedestrians into and 16 out the Club via the Ute entrance, contributing 6% of the combined vehicle, pedestrian and bike access there during those nine hours. A secondary access to Aspen Club & Spa is via a footbridge over the Roaring Fork River, serving the parking area along Crystal Lake Road north of the river. A video count of pedestrian and bicycle activity here on Friday, 8/22/08 from 10:OOAM to 7:OOPM shows a total of 154 pedestrians and 19 bicycles using the footbridge to access the Club. Of the pedestrians, it is assumed that approximately 80% are walking to/from their vehicles parked along Crystal Lake Road, with 20% either passengers in cars or walking in from the neighborhood. Therefore, total pedestrian access to the Club via both entrances is approximately 65 trips during the nine-hour count, representing 9% of total arrivals. MA Colorado Aspen Club&Spa Traffic Count October 29,2008 Page 11 Bicycle Volumes During the nine-hour daytime video count, bicycle access to the Club along Ute Avenue totaled 24 trips in and 34 out, while bicycle access via the footbridge was 6 in and 13 out. A - total of 77 bicycle trips contributed about 11% of the combined vehicle, pedestrian and bike access to the Club during those nine hours. Bus Volumes RFTA provides regularly scheduled Cross Town Route bus service to the Ute Avenue neighborhood near the Club. Video count of the Club entrance along Ute Avenue on Friday, 8/22/08 from 10:OOAM to 7:OOPM shows bus arrivals and departures with passenger loading and unloading. The bus is scheduled to arrive every 30 minutes on the hour and half hour. During the nine-hour count, bus riders totaled 17 boarding and 10 alighting at the Aspen Club entrance on Ute Ave. However, not all of those transit riders were oriented to/from the Aspen Club. The peak hour of bus usage at this location was Noon-1PM when 3 passengers got on and 1 got off the bus. Transit currently is used by just a few Aspen Club members/employees. MA Colorado Aspen Club&Spa Traffic Count October 29,2008 Page 12 CLUB & SPA VEHICLE TRIPS THRU KEY INTERSECTIONS - Vehicle trips to and from the Club distribute to and through town via several routes. Using existing trip distribution patterns noted at each of the four key intersections counted, Figure 9 depicts the expected distribution of Aspen Club trips to the roadway network. Current patterns show that all Club vehicle trips using the south entrance enter/exit via the west and continue to/from the north via Original Street. Overall, entering trips currently arrive approximately 40% from the north via SH82, 18% from the east via SH82, and 42% from the west through other streets in Town. Exiting trips currently depart approximately 55% to the north via SH 82, 17% to the east via SH 82, and 33% to the west through Town. Table 1 presents the total morning and evening peak hour traffic volume through each of the four intersections counted. The existing Aspen Club vehicle trips contribute 11% of the AM peak hour volumes through the intersection of Durant Ave & Original Street. The PM hourly share is 9%. As Club trips distribute throughout the roadway network, the percentage of total traffic attributed to the Club is reduced. The future expanded Aspen Club & Spa is estimated to yield a total of 70 AM and 88 PM peak hour vehicle trips via Ute Avenue assuming no reductions applied for Club-sponsored travel demand management (TDM) measures that are currently under consideration. In the morning peak hour, these could be 50 trips heading to the Club and 20 departing. In the evening peak hour there could be 46 inbound and 42 out bound Club trips. Using the distribution patterns shown in Figure 10, the forecasted project trips are added to existing peak hour intersection volumes. The percentage of traffic attributed to the Club increases at the Durant/Original intersection only slightly from today's 16% to a future 17% — in the AM and from existing 14% to future 16% in the PM peak hours. At the high volume Original/Cooper intersection (State Highway 82) the Club portion increases slightly from 8% today to 9% in the future during the AM and from 4% to 6% in the higher volume PM peak hour. Table 1 Estimated Aspen Club Portion of Peak Hour Vehicle Trips Through Four Key Intersections Summer Weekday August 2008 Future(wl Club Project)Trips Analysis Intersection Total thru Aspen Club %Trips Aspen Club Total thru % Aspen intersection Trips Aspen Club Trips" intersection Club Trips AM PM AMZ PM3 AM PM AM PM AM PM AM PM Cooper Avenue @ Original Street 437 929 35 45 8% 5% 45 59 482 988 9% 6% Cooper Avenue @ West End 293 564 10 12 3% 2% 12 15 305 579 4% 3% Durant Avenue @ Original Street 336 476 54 67 16% 14% 70 88 406 564 17% 16% Durant Avenue @ Spring Street- 273- 370 1 16 19 6% 5% - 20 24 293 394- 7% 6% 1.from August 2008 turning movement counts 2.from August 2008 tube counts at Club entrance 3.from August 2008 video counts at Club entrance 4.existing with added residential trips using standard ITE Trip Generation rates,no TDM mitigation MA Colorado Aspen Club&Spa Traffic Count October 28,2008 Page 13 Main St. (SH 82) °- - t--8% NORTH OR No t to Scale V� t r- C: o m , � a a N — ray t°i c.; f.+n .+ Q) Cooper Cooper Ave (SH82) m City �� 4'C+ Market oo�° -- P 4% s --► 9 r � Durant Ave Dean Ave 30%�, 4-10% 11130% Waters Ave COW LB*b Rd 5► r Lasco Ln * \'i 0015,11 parking 091 ` % Footpath over river Figure 10 � Aspen Club 8 Spa Ute Ave Vehicle Trips Distribution Pattern Aspen Club&Spa Lodging Development ! Aspen,Colorado Legend 1 X% =Vehicle Trips TO the Club rF `'• , , / f % =Vehicle Trips FROM the Club 100% 100% MA Colorado Aspen Club&Spa Traffic Count October 29,2008 Page 14 FINDINGS As in similar mountain towns, peak vehicle volumes in Aspen are higher during the summer months than in winter. Weekday volumes are generally higher than during a weekend. Therefore, a design day for Aspen Club & Spa residential development traffic monitoring should be a late-August mid-week day. Mid morning and late afternoon volumes at the Club entrance in the August 2008 count were comparable to the August 2004 peak hour volumes. We expect the daily volume is now higher than it was in 2004 given the increase in Club membership and services offered during the intervening years. The August 2008 video traffic counts for the nine-hour period from 10M to 7PM show that 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 with 20% crossing the Roaring Fork footbridge from Crystal Lake Road. Club and Spa trips currently represent about 5% of total traffic passing through the Cooper/Original (State Highway 82) intersection in the summer weekday PM peak hour. The Club contributes about 8% in the AM, when total volumes through the intersection are less than half of that experienced during the evening peak hour. With the addition of 32 residential units at the Club, coupled with continuing membership growth, we estimate that Club traffic could increase marginally to 6% of the future PM and 9% of the future AM peak hour totals. These impacts could be even less once the effects of the Club's on-going plans for a TDM program are factored into future trip generation. To assist in identifying actual post-development traffic changes, we recommend repeating late- August mid-week vehicle count at the same locations as the August 2008 counts. As such, we can compare specific turning movements from year to year to detect the m_ agnitude of change by specific traffic routes. Please contact us if you have questions or comments on this data compilation and - presentation. Prepared under the direction of Sincerely, g TDA Colorado Inc. ��i 2247- Audrey Girard Senior Associate _ David D. Leahy, P.E. Principal MA Colorado - EEXHIBIT SNOW AVALANCHE HAZARD ANALYSIS AND DEFENSE RECOMMENDATIONS ASPEN CLUB LIVING ASPEN, COLORADO Prepared For Mr. Sunny Vann Vann Associates Prepared By Arthur I. Mears, P.E., Inc. Gunnison, Colorado December, 2008 I STUDY OBJECTIVES AND LIMITATIONS As outlined in my proposal of November 15, 2008, this report has the following objectives: 1. Field evaluation of terrain (accomplished on earlier site visits to the area and on November 11, 2008); 2. Computation of design (100-year) avalanche dynamics (runout distance, velocity, energy, flow height) through application of an appropriate avalanche-dynamics simulation model; _ 3. Computation of avalanche forces on the proposed units, if these units are reached by the design avalanche; 4. Recommendation of performance standards (strength, size) of protective structures or wall reinforcement, if this is required; 5. Preparation of a report to satisfy Aspen standards for development in hazard areas and to ensure safety of people. — This report also has the following limitations which must be understood by all those relying on the conclusions and recommendations: Site-specific limitations The analysis, conclusions and recommendations apply exclusively to the Aspen Club site and proposed development. Any significant changes to the development plans we reviewed ("Option D," Figure 3 of this report) may invalidate the conclusions; Avalanches larger but less likely than the design-magnitude 100-year' avalanche are possible and may exceed the limits and energies of the 100-year _ design avalanche assumed in this analysis; We also assumed current forest conditions in the avalanche path; removal of _ some or all of the forest may increase the size, runout distance and energy of the design avalanche. General limitations You as my client should know that while our company can and does attempt to uphold high professional standards, the state of scientific and engineering knowledge is incomplete, and does not always permit certainty. The complex phenomena involved in avalanches cannot be perfectly evaluated and predicted, and methods used to predict avalanche behavior change as new research 'The design avalanche in the Pitkin County/Aspen area has a return period of 100 years(a constant 1%annual probability). This conforms with risk tolerance in this area. A.I. Mears, P.E., Inc. 1 Aspen Club Living Avalanche Hazard & Mitigation becomes available. While we can and will offer our best professional judgment, we cannot and do not offer any warranty or guarantee of results. 2. LOCATION AND AVALANCHE TERRAIN The proposed Aspen Club Living consists of 14 free-market and 4 deed- restricted units immediately southeast of downtown Aspen (Figure 1). The — current Aspen Club and proposed/development (Figure 2) is located at the base Ma - S\♦ "` \ TaS�CJ' jhtl ` •1 ,\ wit "• , ii ' J)1 n Of �11111t. tq-VJ_ g 1 •sn_. .-.._ fit. 1 ti „. ',\7y Gravel VRtS Ilk t, f x NN- a@. `aC ol : .loco Figure 1 . Overview map showing development site&avalanche path affecting it Additional avalanche terrain exists in area but is not shown. See Figure 3 for topographic detail and avalanche red and blue zones. A.I. Mears, P.E., Inc. 2 Aspen Club Living Avalanche Hazard & Mitigation of a steep densely-forested slope. This reaches 9,000 to 9,400 feet, approximately 1,000 to 1,400 feet above the Aspen Club. Unforested and/or sparsely-forested areas in excess of 300 steepness are locations where snow avalanches can begin. Tree damage on the slope indicates that avalanches - have occurred in the past decades. The current(August 26, 2008) development plans for the living units are shown on Figure 2. i / d �"-- Revised Sib Ptmn OPHrn D t ` M-� Aspen Chub Living �m — PtEi,. Figure 2. Development plans and deed-restricted units exposed to minor avalanche impact forces during extreme,design-magnitude avalanche. Exposed building surfaces that can be reached are highlighted in red. Avalanche mitigation details are discussed in Section 4 and sketched in Figure 4. 3. DESIGN AVALANCHE CHARACTERISTICS Design avalanche boundaries and runout are shown on Figure 3. This detailed topographic map was provided by the Pitkin County/Aspen GIS department. The 100-year event starts in steep, relatively unforested terrain generally between - 8,650 and 8,950 feet elevation. The major avalanche-producing storms will usually be accompanied by southwest through northwest winds. They may deposit a snow slab 3 to 4 feet thick in the steep upper terrain during major storms. When the design avalanche releases it will flow down a broad gully, spread into the runout zone and cross the cul-de-sac south of the Aspen Club. The design avalanche can reach this building and two of the proposed units AHU 1 &AHU 4 (Figure 2). A.I. Mears, P.E., Inc. 3 Aspen Club Living Avalanche Hazard & Mitigation r � a ' C t y I Figure 3. Boundaries of design(100-year)avalanche path. This avalanche has been subdivided into red and blue zones. Additional avalanche areas do not affect the proposed development and have not been mapped. The design-avalanche boundaries have been subdivided into red and blue zones of hazard intensity. Definitions of these zones used in Pitkin County 2are as — follows: Red Zone—Within the red zone avalanches have return periods of 30 years or less (3% annual probabilities) or produce impact pressures of 600 Ibs/ft2 or more on flat surfaces normal to the flow direction. Residential or commercial development is generally not allowed in the red zone because of high forces. Furthermore, the more frequent avalanches in the red zone may expose people outside of buildings to an unacceptably high risk. Blue Zone—With the blue zone avalanches have return periods of 30 to 100 years (1% to 3% annual probabilities) and also produce impact pressures of less than 600 Ibs/ft2. Building is sometimes permitted in the blue zone if site-specific design and structural protection is used. The risk to persons outside buildings is generally considered acceptable because of reduced avalanche frequency and the small exposure time. 2 We understand the City of Aspen does not have similar avalanche-hazard zones defined. The Pitkin County zones are used here for reference. A.I. Mears, P.E., Inc. 4 Aspen Club Living Avalanche Hazard & Mitigation The design avalanche characteristics were determined through the following two- step procedure: • First the runout distance (stopping position) of the avalanche was determined by comparison with paths of similar size and terrain in this area; runout was also predicted using statistical analysis of a regional database of long-return-period avalanches; • Second, to develop the design parameters, the dynamics of the - design avalanche was modeled by applying a Swiss avalanche- simulation computer model and requiring this model to stop at the runout position referred to above. Application of these two steps enabled the avalanche design parameters (required strength and size) of the defense structures to be specified. Because units AHU 1 and AHU 4 of the proposed of the Aspen Club living development are located within the outer margin of the avalanche blue zone, we recommend building reinforcement. At this location far into the runout zone, the avalanche will have nearly stopped, having dissipated most of its energy on the nearly flat terrain above the development. The majority of the avalanche debris will also have been deposited on the flat terrain above the Aspen Club. Because avalanche velocities and energies will have been largely dissipated at the building locations, avalanche mitigation is feasible. We feel mitigation (Section 4) can easily be incorporated into building plans. 4 MITIGATION DESIGN CRITERIA Units AHU 1 and AHU 4 are best protected by reinforcement of the lower portion of walls, doors and windows exposed on the side toward the avalanche. The strength and recommended size of this reinforcement is shown on Figure 4. We assumed a modest avalanche impact velocity at the building walls of 5m/sec (16 ft/sec) and flow height of 0.84m (2.8 ft). These parameters were determined from avalanche-dynamics modeling fit to the terrain. Figure 4 shows the height of a suggested reinforced surface on the lower uphill facing sides of units AHU 1 and AHU 4. The shape of the pressure surface is "trapezoidal."The design force is a uniform 80 Ibs/ft2 over the lower 6 feet and decreases to zero at a height of 8 feet. Any doors and/or windows within this part of the wall should also be design to withstand the pressures. A.I. Mears, P.E., Inc. 5 Aspen Club Living Avalanche Hazard & Mitigation O C _ 1 Figure 4. Schematic showing heights of uphill surface of units AHU 1 &AHU 4 reinforced for avalanche loads. the uniform load of 80 lbs/ft,is approximately 3 to 4 times the standard horizontal wind load usually assumed in design. However the increased load will act only over the lower 8 feet. Exposed windows and doors should be reinforced. A free standing wall designed to resist avalanche impact and located on the lower side of the cul-de-sac uphill above the buildings was also considered. This Y option was rejected because a) the wall would need to be at least 10 feet high and be designed to resist larger forces then those specified in Figure 4, b) access to the buildings through the wall would leave a gap exposed to the design avalanche, and c) a free-standing wall would require a large foundation to resist overturning. We reiterate that the design avalanche that can reach the units is a rare event likely to occur only onetime in 100 years, on the average. The area is located near the outer limit of the avalanche runout zone. Because of the long return period (small probability) of an avalanche at this location, the exposure of people outside the buildings is small. 5 DISCLAIMER You as my client should know that while our company can and does attempt to uphold high professional standards, the state of scientific and engineering A.I. Mears, P.E., Inc. 6 Aspen Club Living Avalanche Hazard & Mitigation knowledge is incomplete, and does not always permit certainty. The complex phenomena involved in avalanches cannot be perfectly evaluated and predicted, and methods used to predict avalanche behavior change as new research becomes available. While we can and will offer our best professional judgment, _ we cannot and do not offer any warranty or guarantee of results. Report prepared by, 0 zZW4,�"te W Arthur I. Mears, P.E. Avalanche-control engineer A.I. Mears, P.E., Inc. 7 Aspen Club Living Avalanche Hazard & Mitigation anticipated during the approval process, or any other minor change to a EXHIBIT Community Development Director finds has no effect on the conditions and representations limiting the approved plat. B. Other Amendment. Any other amendment shall be approved by the City Council, provided that the proposed change is consistent with the approved plat. If the proposed change is not consistent with the approved plat, the amendment shall be subject to review as a new development application for plat. C. Plat vacation. Vacation of an approved plat or any other document recorded in conjunction with a plat shall be considered a plat amendment, and shall only be approved by the City Council if good cause is demonstrated. 26.480.090 Condominiumization. A. General. Where a proposed development is to include a condominium form of ownership, or if an existing development is to be converted to a condominium form of ownership, in whole or in part, a condominium subdivision plat reflecting all condominiumized units, or that portion of the development to be condominiumized, shall be submitted to the Community Development Director for review and approval as a subdivision pursuant to the terms and provisions of this section. B. Procedure. A development application for a condominiumization shall be reviewed and approved, approved with conditions, .or denied by the Community Development Director, pursuant to the procedures and standards in this section and Common Development Review Procedures set forth at Chapter 26.304. No condominiumization shall be approved by the Community Development Director unless compliance with all application portions of this Section, applicable portions of this Chapter, and applicable portions of this Title are demonstrated. 1. Contents of Application. The contents of a development application for a condominium or condominiumization shall include the following: a. The general application information required in Common Development Review Procedures set forth at Section 26.304.030. b. A condominium subdivision plat drawn with permanent ink on reproducible mylar. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches with an unencumbered margin of one and one-half(1-1/2) inches on the left hand side of the sheet and a one-half(1/2) inch margin around the other three (3) sides of the sheet. It shall include: (1) Accurate dimensions for all lines, angles and curves used to describe boundaries, streets, setbacks, alleys, easements, structures, areas to be reserved or dedicated for public or common use and other important City of Aspen Land Use Code. August,2007. Part 400,Page 171 features. All curves shall be circular arcs and shall be defined by the radius, central angle, tangent, arc and chord distances. All dimensions, both linear and angular, are to be determined by an accurate control survey in the field which must balance and close within a limit of one (1) in ten thousand (10,000). (2) The plat shall be drawn at a scale of one (1) inch equals one hundred (100) feet or larger. Architectural scales are not acceptable. If it is necessary to place the plat on more than one (1) sheet, an index shall be included on the first sheet. A vicinity map shall also appear on the first sheet showing the condominium project as it relates to the rest of the city and the street system in the area of the proposed condominium. (3) A description of all survey monuments, both found and set, which mark the boundaries of the subdivision, and description of all monuments used in conducting the survey. The Colorado Coordinate System may be used. (4) A statement by the land surveyor explaining how bearings, if used, were determined. (5) A certificate by the registered land surveyor as to the accuracy of the survey and plat, and a statement that the survey was performed in accordance with Colorado Revised Statutes 1973, Title 38, Article, 51, as amended from time to time. (6) A certificate by a corporate Title insurer, that the person or person dedicating to the public the public rights-of-way, areas or facilities as shown thereon are the owners thereof in fee simple, free and clear of all liens and encumbrances. (7) Certificates showing approval of the final plat by the City Engineer and Community Development Director. (8) A certificate of filing for the Pitkin County Clerk and Recorder. (9) Copies of any monument records required of the land surveyor in accordance with Colorado Revised Statutes 1973, Title 38, Article 53, as amended from time to time. 2. Recordation. The approved condominium subdivision plat shall be recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of its approval by the Community Development Director. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the Community Development Director shall render the plat invalid and a new application and approval will be required. City of Aspen Land Use Code. August,2007. Part 400,Page 172 3. Subdivision Agreement. No subdivision agreement need be prepared or entered into between the applicant and the city pursuant to a condominium or condominiumization approval unless the Community Development Director determines such an agreement is necessary. 4. Minimum Lease Deed Restriction. Minimum lease deed restrictions imposed by the City Council as a condition of condominiumization approval prior to July 1, 1992, shall only be modified or removed with the consent of the City Council. (Ord. No. 55-2000, § 12) City of Aspen Land Use Code. August, 2007. Part 400,Page 173 EXHIBIT PUD/SPA PLAN SET Aspen Club & Spa Subdivision/PUD/SPA The following drawings are recorded contemporaneously with-the attached Subdivi- sion/PUD/SPA Agreement. Cover Sheet 1.0 Lower Level Final PUD/SPA Development Plan 2.0 Main Level Final PUD/SPA Development Plan Ll Landscape Plan Al Basement Level Plan A2 Lower Level Plan A3 Main Level Plan A4 Upper Level Plan A5 Upper Level AHU Plan A6 Roof Level Plan A7 Club Building Character A8 Townhouse Building Character A9 AHU Building Character C1 Grading Plan C2 On-Site Drainage and Water Quality Basin Plan C3 Off-Site Drainage Basin Plan C4 Off-Site Drainage and R.O.W. Improvements Plan C5 Master Utility Plan C6 Master Water System Plan C7 On-Site Sanitary Sewer Plan and Profile C8 Off-Site Sanitary Sewer Plan EXHIBIT G DOCUMENT/PLAN/FEE SUBMISSION SCHEDULE Aspen Club & Spa Subdivision/PUD/SPA The following document/plan/fee requirements are addressed in detail in the referenced Sections of the Aspen Club& Spa Subdivision/PUD/SPA Agreement attached hereto. A. Required prior to Access and Infrastructure Permit application: 1. Pre-construction meeting with Community Development, Building and Engineering Departments; project architect; project engineer; and general contractor. Section 3.3 2. Tree removal permit for affected and impacted area. Section 3.11(b) 3. Detailed plan for protection of trees to remain following development in affected area. Section 3.11(c) 4. Detailed plan for protection of stream margin and hillside above Aspen Club Trail during construction. Section 3.11(c) 5. Construction management plan for work under permit application. Section 3.14 6. A means of egress plan,overall access plan and fire access plan for the work under the permit application. Section 3.15(e) 7. Payment of tree removal fee for affected and impacted area. Section 3.11(b) B. Required prior to "Club Building" building permit application: 1. Pre-construction meeting with Community Development, Building and Engineering Departments;project architect; and general contractor. Section 3.3 2. Submission of cost estimates to City Engineer for Ute A venue Improvements. Section 3.5 3. ACSD line extension request and collection system agreement. Section 3.7(c) 4. Further study and resolution of the height of retaining walls located along the eastern-most property line of Lot 15-A. Section 3.11(e) 5. Meeting with Community Development, Transportation, Engineering and Environmental Health Departments to review the TDM plan. Section 3.16(b) 6. Transportation Department approval of traffic counting system for the project. Section 3.16(c) C. Required at"Club Building "building permit application: 1. City Engineer approved cost estimates and construction schedule for all public improvements. Section 4.2 2. Detailed water and sewer plans. Sections 3.6(c) and 3.7(b) 3. Detailed drainage plan. Section 3.9 4. Detailed landscape plan including revegetation plan for the realigned sewer on property. Section 3.11 (a) 5. Detailed plan for the footpath that is relocated within the stream margin area. Section 3.15(k) 6. Detailed site lighting plan. Section 3.12 7. Construction management plan for work under permit application. Section 3.14 8. Copies of all project approval ordinances, resolutions and development orders. Sections 3.15(a), (b) and(c) 9. A means of egress plan, overall access plan and fire access plan. Section 3 .15(e) 10. Transportation demand management plan. Section 3.15( f) 11. Parks Department approved cost estimate for landscape improvements. Section 4.4 12. Copy of Colorado Geologic Survey referral comments regarding geologic hazards. Section 3.15(m) 13. Letters from electric,telephone and cable companies addressing the feasibility of relocating their respective utilities out of the stream margin area. Section 3.110) D. Required prior to issuance of individual building permit for"Club Building", each "Townhouse Building" or"AHU Building": 1. Building Department review and approval ofenergy conservation mechanical components for the project as a whole. Section 3.4(c) 2. Payment of ACSD fees for permitted structure. Section 3.7(e) 3. Payment of the City's Stormwater System Development Fee for permitted structure. Section 3.9 4. Payment of School Land Dedication Fee (AHU units only). Section 3.19 5. Payment of Park Development Impact Fee for permitted structure. Section 3.20 6. Payment of Air Quality Impact Fee for permitted structure. Section 3.21 7. Satisfactory evidence that sufficient financing is in place to complete the project under the permitted structure. Section 4.4(a) 8. Site Enhancement Escrow Fund deposit under the permitted structure. Section 4.4(c) 9. Bond or letter of credit for public improvements. Section 4.4(d) 10. Site Protection Fund escrow deposit for the impacted area. Section 4.4(e) 11. Bond or letter of credit for Ute Trail improvements. Section 3.22 E. Required upon substantial completion of construction of the Project: 1. Submission of condominium map to Community Development. Section 3.26 2. Summary of club reinvestment expenditures to Community Development. Section 3.23(b) F. Required prior to issuance of Certificate of Occupancy for the last six Townhouse, Club Units or any combination thereof: 1. Certificate of Occupancy for the Affordable Housing Units. Section 3.1 (g)(v) 2. Recordation of deed restriction for affordable housing units. Section3.1 (g) (v) 3. Completion of the required improvements to Ute Avenue. Section 3.5 4. Installation of required traffic counting system. Section 3.16( c) G. Required prior to issuance of Certificate of Occupancy for Affordable Housing Units: 1. Submission of detailed information regarding management and maintenance of Affordable Housing units to APCHA. Section 3.1 (g)(vi) 2. Submission of draft deed restriction to APCHA. Section 3. 1 (g)(vi) H. Required prior to issuance of final Certificate of Occupancy for the Project: 1. Demonstration to Building Department and Canary Initiative staff that energy conservation mechanical components have been installed. Section 3.4(e) 2. Completion of club reinvestment improvements. Section 3.23(a)(c) 3. Recordation of condominium map, declaration and timeshare disclosure statement. Section 3.26 4. Completion of Ute Avenue improvements. Section 4.1(c) 5. Completion of required water improvements. Section 4.1(d) 6. Completion of required sewer improvements. Section 4.1 (e) 7. Completion of required stream margin, footpath and tree protection improvements. Section 4.1 (f) I. Required to be recorded contemporaneously with the recordation of the condominium map for the Townhouse and Club Units: 1. Declaration of Condominium for Aspen Club& Spa Condominiums. Section 3.1(c) J. Required subsequent to issuance of final Certificate of Occupancy for the Project: 1. Submission of a report to the Building Department and Canary Initiative staff within 30 days of the expiration of the one-year period following the issuance of the final Certificate of Occupancy for the Project summarizing the energy consumed during the preceding one-year period. Section 3.4(f) 2. Energy audit of all uses of the property on the third anniversary of the issuance of the final Certificate of Occupancy for the Project. Section 3.4(g) 3. Additional energy audits on the fourth and fifth anniversary of the issuance of the final Certificate of Occupancy for the Project. Section 3.4(h) 4. Annual traffic report on the first through the tenth anniversary of the final Certificate of Occupancy for the Project. Section 3.16(d) 5. Completion of landscape improvements within 6 months of issuance of final Certificate of Occupancy for the Project. K. Prior to the closing of the sale of any timeshare interest: 1. Recordation of all condominium and timeshare documents. cc * (DIC&oz FINAL PLAT OF: e S ASPEN CLUB & SPA SUBDIVISION/PUD/SPA AN AMENDMENT OF LOT 15, CALLAHAN SUBDIVISION, A PARCEL OF LAND SITUATED IN THE NWY4 OF SECTION 14 e"' TOWNSHIP 10 SOUTH, RANGE 65 WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO; y,p r.N wr,r,a.,,aonaxr n«rs r,,,.r.x aaa.aa,e,�aa w",s �:ria�'*emwn=xA 4.. ZUET I OF 5 4. i� a {d w �5 w•� ° _ T �� �,�� lea n�eae, waanx� � 1 � �� k •" 1�1 ,mr m ms envy rim,nrt ra ,s swr w aar a rmra. ry rswa sn e.4'14.0 ��°uw'b� ' ,^�„art_ ro mxars.er rw a..,,a.aw rt a,,.°rmea,.....,«w„rs.aw as,a,we,.mar aw aaaea ra.er a awex w ga lll4R \, •� �,7�}y/ lAl rm,s,a.x- a,rro sas °°'"b's n"erm,aarmxe mr<wooewer wn ro s rnrsn.,vrm`a,,on rMa e .wui M aNn,�weM ,sn' '• •� ' ss R` 1 ".s uao, ^ �ICINITV MAP (s�irsi'irer,mre) - II // iaeeC°.orcnnnw Ma:°r°1,w',ii' eYr°,ae,aw enenwno«,i`u -Min�M;:,:`a=ter.°: ZZ R M A 1 m ...,,x..U^�. ��,. eu. w,""n no,ww r,.sQV. •.\ ��� maowM, nrw rf a•s rco e,Ra�n.�rti�wo-v.',mm°w^-x'w�4rtra,ii,-.ous d,.,"s u`v`, .onennuvu`ru^"i^rrr,�""a°i eero',r ar c rnvxai ;Am . 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(smROVUr°O ) PLLtl4S69. crtP evn?,�S y,� _ -� - ) o,rt a torso^rn,. aw y„ nor,mx ma�1Oim�i,es^ ^e°rea aws cr us,a u T n s. rs^^�4 ne saws ues w,u e,u,XU er,cs,w.,u,es uwrvm er,o x rmnou,¢wm me w���uD. s) 9iF° `/ try a r,uretr a.awrus°rescrcw _ .rto/mn-mn xorts^,wry u,r - ms nu.,^wo ssciarz[�^cn,°re,'"i.x,xr mrrz"u.�s +wr ro-n.rte,v,ru„orrw ertvmm�,ayss scnm vuwa swaars w smm Zr- - �"T1 ” m�Y. �$n ax rv'�uaieomro a rt w a "' 6f?� M�l3naB�€ Rrm 1°_w _rs 9.r 3 lldh le mw SOP US ENGINEERING - I.LC •)w rv„�A- �'ro� It-7115 CIVIL CONSULTANTS ,° w .raw m ro,.�cvoa caar,q CO°JUi 502 MAIN STREET, SUITE A3 'S�•'�1-w—^^ ° CARBONDALE, COLORADO 81623 ^•^n. peuc 8 u*"F tee rs n (970) 704-0311 ,6° 44y/ luo 'p 98 FINAL PLAT OF: i q 8 ASPEN CLUB_ & SPA SUBDIVISION/PUD/SPA �a AN AMENDMENT OF LOT 15, CALLAHAN SUBDIVISION, A PARCEL OF LAND SITUATED IN THE NWya OF SECTION 14 4� TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO :o.a ow.r o�K awraa 8 v e.rrasr,ucwuwr ro rrc SHEET 2 OF 5 a a �rt enm aewavw mr se ro ro, 1PN'O""zs�n`rv"°r PROPOSED LOTTING 8 UTILITY EASEMENT DETAIL v,atty rregf� S e � I pnmgaae� , -�L�re �ea. svedNVw��w / ��j .�,��,a``°:a%��' .�� 4 r �� i 1 l /r�fxsmsnc.vaT erH I II s la I�' o�.a, � i s s��' �I rnsrrerszorl r I f F'�k'4S x�4� r- -ai4a I.',r' 77 I'I II P SROBU .Kj`� >a'i ae r I ' $ oo' 0 6 coeo-c�nr urn>_z rear rgep,rv,N roierew o.ae na7 lsaay .rw.w./ LL (rvrwoeeo,l air? �/��mvar racer /" �r? GRAPHIC SCALE �r�n a n-e rsseee..rr. s. r r^en-m r. /../ '��•e�_A- �er SOPRIS ENGINEERING _LLC CIVIL CONSULTANTS S02 MAIN STREET, SIIITF AA CARD ONDALE, COLORADO 81623 (970) 704-0311 IOU 'F 99 ci I �f FINAL PLAT OF: ° ASPEN CLUB & SPA SUBDIVISION/PUD/SPA c AN AMENDMENT OF LOT 15, CALLAHAN SUBDIVISION, A PARCEL OF LAND SITUATED IN THE NWY. OF SECTION 14 .: 4.5 �,+t'+ y" _ TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. 4 i I CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO e as.m.• ,F �\ SHEET 3 OF 5 PUBLIC TRAIL, DRIVEWAY AND SURFACE PARKING AND ACCESS EASEMENT DETAIL G: au— u z3s_. .: '' Zr JJ � v*' idit7' erw I Is ,.@ �� ,r'. �.f ko r f a / / a /- r GRAPHIC SCALE DR ACE PARKING A' •ENT SOPRIS ENGINEERING — LLC Rq 'pz 'X44 sr.��-WADY AND F CIVIL CONSULTANTS ( 502 MAIN STREET, SUITE A3 " - CARBONDALE, COLORADO 81623 (970) 704-0311 icI FINAL PLAT OF: ASPEN CLUB & SPA SUBDIVISION/PUD/SPA AN AMENDMENT OF LOT 15, CALLAHAN SUBDIVISION, A PARCEL OF LAND SITUATED IN THE NWS/4 OF SECTION 14 TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO " SHEET 4 OF 5 LOT 15-A&15-B VERTICAL LOTTING PLAN VIEWS 7771 �,� n✓,rs.ro r�rsr sfarmn�ic� nwY" �� �, r , omru / o�G j.nnw AT/ ppx[x cm r, a earmc " r ssrnr w'(.tlr m... I uY tt'/MiAT AC uP IIJ YNO/n'/a.W,R T/S w F/l✓ T 5/ T STal Ell FL6Y6NTl. 1' I I y/.arnr„ � mr,:A l � r�,'i i -.�_../✓� � aor,s-s / I/ /// / Wr a , , LOT 15-R CONFIGURATION AT 1 T Fy , / _ J/ LOT 15-B CONFIGURATIgfLg'L2ND LEV}y / rename Imp[soma w r i ttnixc amsritah[st-semun�ueurx�ns aw.n xsaw. w� ��nnw m ms eartw u ms an isw. D LM cesittwxrzas nrorvi ossmn cwsTarcnw tamwonrx xuamn rw suo Lor,y e. nws a nS sot unr mlexi.m[s[ns eutr for ro-e wrs wLL x e6sccrzn w nR Post 1l IOI.14:1 C9ll➢GYG'Nltl rn1 ms - - _ 3ZZZN_ e m �= l=� es cax[o m .Wrwnncuir nxrM[o m�.ctt wm m[.s-arts ia�ry v m[for toot wrzxs. rAw mv.[pEAw9N wRw Mr GRAPHIC SCALF, x SOPRIS ENGINEERING — LLC CIVIL CONSULTANTS U 502 MAIN STREET SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 FINAL PLAT OF: ASPEN CLUB & SPA SUBDIVISI0N/Pi1D/SPA § AN AMENDMENT OF LOT 15, CALLAHAN SUBDIVISION, A PARCEL OF LAND SITUATED IN THE NWS'i OF SECTION 14 TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 8th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 5 OF 5 LOT 15-A& 15-R VERTICAL LOTTTNG ELEVATIONS&CROSS SECTIONS !ax�eicmmc�enor ® »Ea,�R,.w.n«o.maFu,rm�a R enr..�ar�,o H«terose eE o i� A I NORTN ELEVATION VIJiM SCALE 1'=20 L I � �amro wm mf ns xrr rwn 5 r°""TS'`nr.r.FrmEO �. J - w a nw ror Lrr«rzrvr. SA ELEVATION VEER SCALE 1'-20' GRAPHIC SCALE (nnZ*1 �� A mcLwes ALL ROOP ANO AIR RIGNHi 3 n�nmse.ro' nfv-roae.as wR*v r,r[E a wul m.rwE ¢uwc rv.w6(BOrtav a _ wnu .4sr�tax[sr s,^uCrrMU nt«tvr) r�a-e fNArow'c) Nav-aESU!fRnu mnc[ R_R '. NOR2oNTAL LIYH9 REST ES.CYATIHN VIEM AESVCx^^m.a ^u „r SCALE 1'=20' U rvw-.cmwnu v.¢ ORIZOxTIL WYI'13 __- /r.wrus Axo PnoIXS-�r eoie.n I 9YRPIOOWNo ��� t¢ rl'I! I• I r ry a i• k vp 1 f y.:f f y w f.,9sm� � �'c �� r�e�,�lv'�4 f� ,'af���'� S OPRIJ`' LLC ENGINEERING - Vj.° SUHFIOOR A H CEll NC FETAL SITE OVER%rfEl! CIVIL CONSULTANTS NIS Sn2 MAIN CTREET SMITE e CARBONDALE, COLORADO 81623 (970) 704-0311 I oo P 02— s a P; Ce �5 4: i 5 1.0 Lower Level Final PUD/SPA Development Plan 2.0 Main Level Final PUD/SPA Development Plan L1 Landscape Plan Final PUD/SPA Development Plan Al Basement Level Plan A2 Lower Level Plan A3 Main Level Plan A4 Upper Level Plan A5 Upper Level AHU Plan A6 Roof Level Plan A7 Club Building Character A8 Townhouse Building Character A9 AHU Building Character C1 Grading Plan C2 On-Site Drainage and Water Quality Basin Plan C3 Off-Site Drainage Basin Plan C4 Off-Site Drainage&R.O.W Improvements Plan C5 Master Utility Plan C6 Master Water System Plan C7 On-Site Sanitary Sewer Plan and Profile C8 Off-Site Sanitary Sewer Plan These plans are conceptual or illustrative in nature. Precise information shall be provided as part of the building permit application,and in situations where the final PUD Aspen Club and Spa Development Plans and approved building permit differ,the approved building permit 4/16/14 shall rule. (Per requirement#12 of the Notice of Approval recorded on 7/24/13) Subdivision/PUD/SPA I OLe i +- -� j l j / HUNIT IO i/j/ AMU BASEMENT NT //TOWNHOUSE CRAWL / /// �/�Oj T j 1/5/j/G�/ / yey Y % ! TH UNITS TH UNIT g TH UNIT 1 I H,t,h•d A—-Moin Level ` TH UNITE 70.0 E—i. Run LOT 15- � Gmd.n A / (Including area not In other lots) Rain Goal— TH UNIT 6 LIST JI / 15-C 1 I ` TH UNIT/ - I 1 ; TM UNIT J TH UNIT 4 •' "t 55 Spacer on Lower Levsi os a'0 1V o \\ ; TH UNIT I 1 These plans are conceptual or illustrative in nature.Precise information shall be provided as part of the building permit application,and in situations where the final PUD Development Plans and approved building permit differ,the approved building permit shall rule. (Per requirement#12 of the Notice of Approval recorded on 7/24/13.) ASPEN CLUB & SPA SUBDIVISION / PUD / SPA Aspen,CC S91 i f5 r,a'z '110 .00 ®�g�c M"$'N�'AND�AB90 AlEy O 7U� LOWER LEVEL FINAL PUD If SPA DEVELOPMENT PLAN 1 r O FRCHI'ECNRE�PLANNWG W upe 1[alue 8•.La W gl n.ma mmfr•' vnr°�m rua...�..p.a..a. t'•7C ogs'igemFiurt�,., O111.t/ w/ AMU UNIT AMU UNIT /� ' b 5� 10'A 2,6It 10 ,,ssv sv Nmchad Area-lower L-v-I I// �/ �� rMui /. iNg.fo / / --- —I AHU UNIT L Te TH TH UNIT 14 _ 15-E TH UNIT 11 UNIT 13 5 Sh rt T—Parkin = UNIT II OO SP tlo Alferdobl r / ' "i//f P6f(.bi(-� / ® AHU UNIT [ / LOT --- / LOT 15-A (Including remainder of area not In other lots) "% i / Ll....... 15 C /, / 1 j LOT 15-B j Ap !/TivalTi AIRSPACE (Note:This boundary Is three dimensional and changes on other levels) / ITT /T N17 1 // $ g pans Mam L-r-I » 6. / These plans are conceptual or Illustrative in nature Precise Information shall be provided as part of the building permit application,and In situations where the final PUD Development Plans and approved building permit differ,the approved building permit shall rule. (Per requirement p12 of the Notice of Approval recorded on 7/24/13.) ASPEN CLUB & SPA SUBDIVISION / PUD / SPA Aspen,CO p cnr�c M" t "off°°p° �'°N^ —� MAIN LEVEL FINAL PUD 1 SPA DEVELOPMENT PLAN 2.0 ARLYITELTJRE•FLMMINo Lm p- ........„.,..,.. ro,o....�,, ......n..........,.y.e�x uL..e.•un a T-70'oMt9H;#S� ''„s" 00.70.71 r • ISO 1lRO q4111',111J��� �`lgImg4N�� C � Naa7Jln �. � If�1bn �nl �lil`.. -, � •I u( i�:.r ♦..rte a il�r�A�� �� r II �', y ', a �� �ul� H ! h ! I 1 'I III s I -MIZ ;al d� tlq��s �1 `'gN II I� • r ur�� �m � ME .II.IT, S�1 P�„ zn+ .R I 7� III • q � 5N41�'�fPp ���"N II�x�L �I1 I rNLI�� PAW- MIT �'L i 1 / and I 1 ppp y. ILI TO � 1 pull Im • 1 I� H I M , r n „1n alg4,� J 7r ��``l ll, �Ir k ' 1 � I "iP .111':." "III , �r�•,y w III ' _ 1 / j I / 1, _ -__ - ------- These plans are conceptual or illustrative in nature. Precise information shall be provided as part of the building permit application,and in situations where the final PUD Aspen Club & Spa Development Plans and approved building permit differ,the approved building permit shall rule. (Per requirement#12 of the Notice of Approval recorded on 7/24/13) Subdivision/PUD/SPA pOSS ARCHIIEGIURf+PLANVING 4/16/14-BASEMENT LEVEL PLAN-Al �;� UNIT9• POOL ABOVE To,"" / TowrvN uNln• //�� rowrvnqusE i 10WNHOU UNIT TOwNNOUSE I I III UNIT TO— I i � I � � it �/r,.��� � �/ /// //'/ � /•/, II UNITS USE .�_— j I it '� // Towrveous II UNIT 2 / I / L� j NIT r TowNNO I` �S j. �/ These plans are conceptual or illustrative in nature. Precise information shall be provided Aspen Club & Spa as part of the building permit application,and in situations where the final PUD Development Plans and approved building permit differ,the approved building permit shall rule. (Per requirement#12 of the Notice of Approval recorded on 7/24/13) Subdivision/PUD/SPA pO$SARCNITEMIRE-PLP.... 4/16/14-LOWER LEVEL PLAN-A2 �;� 1 TOWNHOUSE To -------- E TOWN U / ____ ____________ — 1/ r o CC / i I i / G _- l Z / I I — I I I I1 Y i i These plans are conceptual or illustrative in nature. Precise information shall be provided Aspen Club & Spa as part of the building permit application,and in situations where the final PUD Development Plans and approved building permit differ,the approved building permit shall rule. (Per requirement#12 of the Notice of Approval recorded on 7/24/13) Subdivision/PUD/SPA pOSS AR_Cil!?ECIURF PLANNING 4/16/14-MAIN LEVEL PLANp3 �� i I oq e€ ILI o El El 12 a TIO hl I L Li T � r � 1 i I , These plans are conceptual or illustrative in nature. Precise information shall be provided as part of the building permit application,and in situations where the final PUD Aspen Club & Spa Development Plans and approved building permit differ,the approved building permit shall rule. (Per requirement#12 of the Notice of Approval recorded on 7/24/13) \ � S u bd i�/iSion/PU D/S FA -_ PUSS ARCHITECTURE. PLANNIM — """"`"""""` 4/16/14-UPPER LEVEL PLAN-A4 'Pilo _ 1 D I ❑ ❑ cl El 0 El 1 � / � � �li� � , e�me, rnw��pmenai 'i ❑ ❑ ❑ -- li i i ' I J J ❑ , ❑ ❑ El Ll El El LI l 1 1 - - ,-1- i ��A - � '\x - LL I i These plans are conceptual or illustrative in nature. Precise information shall be provided Aspen Club 8c Spa as part of the building permit application,and in situations where the final PUD Development Plans and approved building permit differ,the approved building permit Subdivision/PUD/SPA shall rule. (Per requirement#12 of the Notice of Approval recorded on 7/24/13) p0$$AR.CEITLCiiIRF,PLANNING 4/16/14-UPPER LEVEL AHU PLAN-AS .,. os ___----------- r �J E7, 0 El �., l - % C-1 El ❑ El ❑ ❑ ❑ ID RA LI ILL I I � i i � Home,i oo.wee oo«naai i i � J y i \ — Y �\ I � n _ — v These plans are conceptual or illustrative in nature. Precise information shall be provided p as part of the building permit application,and in situations where the final PUD Aspen Club & Spa Development Plans and approved building permit differ,the approved building permit shall rule, (Per requirement#12 of the Notice of Approval recorded on 7/24/13) Subdivision/PUD/SPA p0S$ A.RC.,.I.II[CTUkE+PA lm 4/16/14-ROOF LEVEL PLAN-A6 .1-1-1. .- e : a,. I M1prironlal wootl sidln8\ ' \ �board iwm concrete o�stone venett mfleGiva stendin __ 'Jj I ���ai roof on oz sl'ngs op n ^ 12a -mil Ip,+—_J'1 I�ICII�lN11117i! iil�l�l�(�Ul� v� Soul„Elevation PUD /approvep pplen�ial lulus pool enclosure / � nH roof i aapai g� t i,00r f lop n i capon emH / I H r _ I Np,t„El—en PAD a�p�e�a�eer I n ng aloe Eaa Elevation PUD pool stone venee vad—I wood 1id118 board farm concrete w� near� _ — If - �_� _ West Elevat—PUD These plans are conceptual or illustrative in nature. Precise information shall be provided as part of the building permit application,and in situations where the final PUD Aspen Club & Spa Development Plans and approved building permit differ,the approved building permit shall rule. (Per requirement#12 of the Notice of Approval recorded on 7/24/13) Subdivision/PUD/SPA p�$$ ARCiIITECiURE-PLINNING 4/16/14-CLUB BUILDING CHARACTER-A7 �� M1ori Ix wool s tl ng -- -- f� tl talntl 8 tal roof I — 1 - to I �LL 1 Al TOWNHOUSES 1-5 NORTH ELEVATION-OTHERS SIMILIAR TOWNHOUSE 5 EAST ELEVATION-OTHERS SIMILIAR 1-4 mrn�ai wood smme _ /ao.renecasre ataoamq seam metal root i = ,ator,e.ancer I I TOWNHOUSES 1-5 SOUTH ELEVATION-OTHERS SIMILIAR TOWNHOUSE 1 WEST ELEVATION-OTHERS SIMILIAR These plans are conceptual or illustrative in nature. Precise information shall be provided as part of the building permit application,and in situations where the final Aspen Club & Spa PUD Development Plans and approved building permit differ,the approved building permit shall rule. (Per requirement#12 of the Notice of Approval recorded on 7/24/13) Subdivision/PUD/SPA pOSS aRrl'IIjECTUR( PLANNING 4/16/14-TOWNHOUSE BUILDING CHARACTER-A8 �� �g �P s c� vertical wood siding ttorizontel wood siding im-eue cainr.JJ — , � 8 i — I i boam iorn co��re m�e�enear AHU-West Elevation _ AHU North Elevation /vertval woN siding Joliette balcony\ naaomal w x smmg F,. eoam i«m nn�rer-orsmne arwer AHU East Elevation AHU South Elevation These plans are conceptual or illustrative in nature. Precise information shall be provided as part of the building permit application,and in situations where the final PUD Aspen Club & Spa Development Plans and approved building permit differ,the approved building permit shall rule. (Per requirement#12 of the Notice of Approval recorded on 7/24/13) Subdivision/PUD/SPA pUSS AI2CHITF.CTUIIi� PLFlNNtNG 04/16/14-AHU BUILDING CHARACTER-A9 c� �A I PROPOSED LEGEND All c eow I W 4 n. `Nw. O VVVVV�� mc.o„ b kA EXISTING LEGEND 4� Z �n o r � onb U a Y w Cl. _ a GRAPHIC KALE N tMiow. re I C4 I &, ro xno v e _ r. �,ww �v sm.w o.re i OSA e !7 ra ttawnrnnn.o f t/ �/ t `i / I I O V hasty ii �� mein 7 fL DRAINAGE NOTES'. 1 4' �i ��� _ �. � �� .wra 4y / avu..sxuvw�u,use r.m o=w .,urvµorovmsnE OS.srEx x.m.n o I x .JJ _ -_ .owenwc.sue � __ i s�a�..o.wa..»wev so.xAUnmasTU. r P1h/."1 ^I —_�_ qty \',e,�� �"� _ _ ' e vasmv.vs¢erw�us ooermin rre nv+on werrwevrs.an nu ory vrou we vs�xsP z 8 LEGEND Z a u 1 1 N.1 ".0 T. 1 rsI c,v INMI Iasi O en e s m _ ' .B9 bs ens Fw- qqs "- I Mc/s.o Iw.w4 ro -ttvu --_..M4.w4cv svvrtARi vFmN w4 N a G w4cv wgcv n n a as rt HE . w < 05 � < N ­I`­SCREE .f, O IT) Calln.ro or,h: S.EET C2 m R. mb �p LQ --p 177 OFFSITE PEAK RUNOFF SUMMARY LEGEND: `►r+a''( � nW y ry, R r m � I � as :o .a VA N, w s ,r."" .r w ata Iwa .� �4 ¢ ,�r - r �, v'> i5"I�°f y6 1id/1 ­ud �777 DRAINAGE NOTES. - �� #�� WE y wf a i Lr g2 rr d` A "r��F ,,E**"; x 3 i d �`"'I"±,y / o Z ,a, 6 i• o a SF b s" � a �``1 o m ffj ; ,a `� y�ry �V1 ,+t� '? 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SHEET xtx nm♦n t,m Cell bNME you aq. rx,iwoaan�,xo rve o.xu icunm Tn.rxn,rxeanr nt[m txexu, .q9 N0_ ,w rixu�,Ln°n'� oox,n.n, °e,.a .,w,erk,nus.a nea.ew „arem., _ _ \ EXISTING LEGEND °E v e� �M A, s. °1111= „ �ax Re, , t _ ..e aa,.eW.x.r M�me PROPOSEDLEGEND (/1 F c � xe ro _ GENERAL UTILITY NOTES ra,c,oa rs coxr.,cr,LL ry MECOx url corm wESraaruo,oc, f_-- •eL•ws v,.r TI-1 a.e,wr0os,ux-11 Or ILL E,vs w„1r FSwrors,s e M �`\ '�� a«rene,a„K. �I I � / s ��� wuoae uueE aesPOxs e�ex0un m o rro.mEau,,.,r . 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Q M < -_1, `\� �\ "�'����`/—�ti b u�oWOaax„EOwnR ME UruttvROnoEa PFRUi.rv,caEERExr9 ani6w,l eECOxE aREO GRAPHICS kLE (p s' 4oEP 1 r .xo.a0ss sPV.w,rEa oEP,artf n - I ILI .En s nu na,cFwFEHFvOSU, o-srupES.xo o�MSSF R,.a.,aswx,.xeo xsr,Hw,aMxcuvECrvsa, m E.I w a xcr Es n a • wx o sE,w oxasox r,a, aM w,a a, sFWF o re sE pE, ° .Ea axxo,aE,cu rx .wReo.rEO EsEwERP ""°”" Eaw� � +vs eE s.xcxES SE�nw raE w,rERSEmcE � ° -"�„`� - rcmwwe�Wl , ,WO,E. -<s„o,aowa,oa oExs rv. Poxc,�ss,00aE1,,,F aesECwRSF w,ca,.l aHOw.xo `\ ,ati\ "�.-\�� Call Mun lrou dig. ,ae rw Jun FF �I _ E%ISTING LEGEND q: / e i .a o / N / / @ pp ,w - m w _ w r k ' I I e I I t PROPOrs�DoewEND.M vE,sn z WATER PLAN NOTES' a U GMPHIC SCALE . eg EE Zc� rr EXISTING LEGEND ,. .. «. .elm � � ^'--F� — „max C. 1 `� +,,� t �� �_ _ •� �.� o- F / � �•_ �� I� PROPOSED LEGEND J W W o g 8 .,— f �' d d , - �E➢«FwFR�,F.xar �= 5 N SANITARY S:VVER LINE cINSTALLATION NOTES: ErnxxsW u—x„En-r—LwYOFALL 11,1NIl 11—T 1. FRY , �— _ r,.„clr�,�,.,r:,. 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ILI ,o N S x eu.. c x i x xx y ¢¢•o a -_ — _- m E ccoRwxcE VnrxoEt..rsswxx cx rxEmusmucrrcr� 'N rc E Z F r $ @ i wuvnres. m em SANITARY SEWER PROFILE rm "m •gym r.so "^ R�LFD,xE F SSWa munvf w.TERraxr—LES R � iNl rM WnEi. � G.) y O U 1 b e 8 O op ..PROVFn rwFEx O o ga N.xuucTVREOmxxEC,oas. auFealm 0U _PY ot,s� s«xawLSFraw,,oR.xoxcoxx oFrosFwERwx�xo•sroRNOwx. = Z w «v II !a- av I I I O GE PNICSCALE SANITARY SEWER'ACCESSEASEMENTPROFILE "r N allbW—OW. .wuumeueox./+V:ei oxmuxeruwrrxu:nine�r[«uouaem[xeu:orn�[xma[n x1<I.FLAI Cl�IaM�R p SLIP 4 a �', T 4a�,• '" i 41�1'� �i a �1 ,.d, ,� IY I !fy i k .l�. 6 I 1 y3-"♦ .Ir j n .. m,t 1fi"@" ra pia nl'iMhl �F` n iv gill �,pl di'. � 5 iltS� ' r1 t 1 v .. A "wk � u i .. sppyy�v Skit, 7�y;: „�a il& I�NIhM .� 6. kN��,eh K' 'iQMlnni y�~�g y,1 a Ohl r i "'"jylii -p`• '!, "t r r �ti P t k *14a"i common plmll n II s 1 >m � ^I� e `b �4, 'xr,h I� lidwp � f �>���` r ,�`• ' Ohl xc rl �4, >erx ' OW, �r MEN p�x'; r a'x,A•�3_ J 8�1 RECEIVED VANN ASSOCIATES, LLC Nov z 0 ,n,3 Planning Consultants CITY OF ASPEN OOWNffy DEVELOPMENT November 25, 2013 Ms. Jessica Garrow Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Aspen Club & Spa Subdivision/PUD/SPA Recordation Documents Dear Jessica: Enclosed herewith are the recordation documents memorializing the various approvals granted to the Aspen Club & Spa Subdivision/PUD/SPA (see Exhibit 1, Pre-Applica- tion Conference Summary, attached hereto). The recordation deadline was extended by Chris Bendon on May 31, 2013 until November 27, 2013 (see Exhibit 2). As we discussed, an additional recordation extension request accompanies this submittal to accommodate your review of the documents upon your return from maternity leave. It is my understanding that the documents will not be referred to the appropriate City Departments for review and comment until your return to the Community Development Department. The documents are submitted pursuant to Sections 26.440.070, 26.445.070 and 26.480.070 of the Aspen Land Use Regulations by the Aspen Club & Spa, LLC (hereinafter "Applicant"). A Commitment for Title Insurance evidencing the Appli- cant's ownership of the Aspen Club & Spa property is attached as Exhibit 3. Permission for Vann Associates, LLC to submit the documents for recordation is attached as Exhibit 4. An executed fee agreement is attached as Exhibit 5. Subdivision/PUD/SPA Agreement The enclosed Subdivision/PUD/SPA Agreement (the "Agreement") incorporates all of the conditions of the various land use approvals which have been granted to the project, each of which is identified in Article II, paragraph 2.1 of the Agreement. To facilitate your review of the Agreement, the relevant conditions of each of the approval documents, and their location within the Agreement, are summarized as follows. P.O. Box 4827 ° Basalt, Colorado 81621 • 970/525-5958 ° Fax 970/920-9310 vannassociates @comcast.net Ms. Jessica Garrow November 25, 2013 Page 2 A. P&Z Resolution No. 15, Series of 2009 Resolution No. 15 granted stream margin review approval for the project and a growth management quota system ("GMQS") allotment for the project's twelve affordable housing units. The Resolution also recommended that the City Council grant a multi-year lodge GMQS allotment for the project, rezone the project site, and grant subdivision and final PUD/SPA approval. The Resolution was approved subject to various conditions all of which are contained in City Council Ordinance No. 2, Series of 2010. As a result, the conditions and their location within the Agreement are addressed in paragraph B., below. B. City Council Ordinance No. 2, Series of 2010 Ordinance No. 2 granted a lodge GMQS allotment of 124 pillows for the project's 20 lodge units and approved its final PUD/SPA development plan. The Ordinance also rezoned the property to SPA Overlay; subdivided the project site into five lots; and granted approval to condominiumize the lodge units and sell them pursuant to a timeshare; use plan. The Ordinance was approved subject to numerous conditions which are contained in Sections 2 through 30 thereof. The applicable Sections, and the location of their respective conditions within the Agreement, are summarized as follows. 1. Section 2: Subdivision/PUD/SPA Plat and Agreement A subdivision plat and the various drawings referred to in Section 2 of the Ordinance are enclosed herewith. The required trail easement is depicted on the plat, and the subdivision lots have been renumbered as required. Please note that the requirements for the final grading and drainage plan, and the final utility and public facility plan, were modified pursuant to condition 12 of the Notice of Approval issued by COMDEV on July 12, 2013 (see paragraph H., condition 12, herein). The condition that a condominium plat be recorded prior to issuance of a Certificate of Occupancy is addressed in Article III, paragraph 3.26 of the Agreement. 2. Section 3: Timeshare Documents The requirements of this section are addressed in Article III, paragraph 3.26 of the Agreement. 3. Section 4: Dimensional Requirements The project's dimensional requirements are contained in Article II, paragraph 2.3 of the Agreement and are also depicted on the Final PUD/SPA Ms. Jessica Garrow November 25, 2013 Page 3 Development Plan enclosed herewith. Please note that the dimensional requirements were revised pursuant to condition 6 of the July 12, 2013 Notice of Approval (see paragraph H., condition 6, herein). 4. Section 5: Financial Assurances - Performance Bond The requirements of this section are addressed in Article IV, Section B. of the Agreement. 5. Section 6: Pre-Construction Meeting The requirements of this section are addressed in Article III, paragraph 3.3 of the Agreement. 6. Section 7: Commercial Design Review Final Commercial Design Review approval was granted pursuant to P&Z Resolution No. 17 on September 6, 2011. The approval conditions are ad- dressed in paragraph C., herein. 7. Section 8: Building Permit Application The requirements of this section are addressed in Article III, paragraph 3.15 of the Agreement. 8. Section 9: Engineering The required Stormwater System Development Fee is addressed in Article III, paragraph 3.9 of the Agreement. Article III, paragraph 3.9 also requires that the final drainage plan to meet all Engineering Department standards. Article III, paragraph 3.15(o) requires that the Colorado Geologic Survey's referral comments be included in the project's building permit application submittal. The conditions pertaining to the project's Construction Management Plan are addressed Article III, paragraph 3.14. The prohibited use of the Aspen Club Trail for construction activi- ties is addressed in Article III, paragraph 3.11(d). 9. Section 10: Ute Trail Improvements The requirements of this section are addressed in Article III, paragraph 3.22 of the Agreement. Ms. Jessica Garrow November 25, 2013 Page 4 10. Section 11: Ute Avenue Improvements The requirements of this section are addressed in Article III, paragraph 3.5 of the Agreement. 11. Section 12: Affordable Housing The requirements of this section are addressed in Article III, paragraphs 3.1(g) and 3.2 of the Agreement. Please note that the conveyance of an undivided ownership interest to the Aspen/Pitkin County Housing Authority is no longer required. The requirement has been superseded by the language contained in para- graph 3.1(g)(vii). 12. Section 13: Fire Mitigation The requirements of this section are addressed in Article III, paragraph 3.17 of the Agreement. 13. Section 14: Public Works The requirements of this section are addressed in Article III, paragraph 3.6 of the Agreement. 14. Section 15: Sanitation District Requirements The requirements of this section are addressed in Article III, paragraph 3.7 of the Agreement. 15. Section 16: Environmental Health The requirement that the project is subject to the TDM/Air Quality Impact Fee is addressed in Article III, paragraph 3.21. 16. Section 17: Exterior Lighting - The requirements of this section are addressed in Article III, paragraph 3.12 of the Agreement. 17. Section 18: Transportation The requirements of this section are addressed in Article III, paragraph 3.16 of the Agreement. Ms. Jessica Garrow November 25, 2013 Page 5 18. Section 19: Parks The requirements of this section are addressed in Article III, paragraphs 3.11, 3.14 and 3.20 of the Agreement. 19. Section 20: Parking The requirements of this section are addressed in Article III, paragraph 3.1(h) of the Agreement. 20. Section 21: School Lands Dedication The requirements of this section are addressed in Article III, paragraph 3.19 of the Agreement. 21. Section 22: Energy Commitment The requirements of this section are addressed in Article III, paragraph 3.4 of the Agreement. 22. Section 23: Club Reinvestment The requirements of this section are addressed in Article III, paragraph 3.23 of the Agreement. 23. Section 24: Aspen Club Living Condominiums Fractional Interest Assessment The requirements of this section are addressed in Article III, paragraph 3.24 of the Agreement. Please note that, for purposes of the recordation documents, we are referring to the Aspen Club Living Condominiums as the "Aspen Club Condo- miniums".- 24. Section 25: Reporting Requirements The requirements of this section are addressed in Article III, paragraph 3.25 of the Agreement. 25. Section 26: Site Protection Fund The requirements of this section are addressed in Article IV.B., paragraph (e) of the Agreement. Ms. Jessica Garrow November 25, 2013 Page 6 26. Section 27: Public Improvements The requirements of this section are addressed in Article IV, paragraph 4.1 of the Agreement. 21. Section 28: Detached Residential Development Right The requirements of this section are addressed in Article I, paragraph 1.3 of the Agreement. 28. Section 29: Vested Rights The requirements of this section are addressed in Article II, paragraph 2.4 of the Agreement. 29. Section 30: Material Representations The requirements of this section are addressed in Article III, paragraph 3.27 of the Agreement. C. P&Z Resolution No. 17, Series of 2011 Resolution No. 17 granted final commercial Design review for the project subject to one condition. The condition that building materials be consistent in quality and color among the different uses on the project site is addressed in Article III, paragraph 3.13. The approval granted pursuant to Resolution No. 17, however, was subsequently amended, the conditions of which are contained in P&Z Resolution No. 24; Series of 2012. Resolution No. 24 and its conditions are addressed in paragraph G., herein. D. Development Order dated September 12, 2001 The Development Order for the approvals granted pursuant to P&Z Resolution Nos. 15 and 17 and City Council Ordinance No. 2 contains no conditions which must be addressed in the Agreement. E. P&Z Resolution No. 16, Series of 2012 Resolution No. 16 granted an additional six lodge pillows for the project to permit the reconfiguration of two of the previously approved 2-bedroom Club Units into 3-bedroom units and the creation of one new 1-bedroom Club Unit. As a result, the project's total number of condominium/fractional ownership units increased from Ms. Jessica Garrow November 25, 2013 Page 7 20 units to 21 units. The applicable approval conditions, which are contained in Sections 2 and 3 of the Resolution, are addressed below. 1. Section 2 Section 2 reiterates that the approval conditions contained in P&Z Resolution No. 17 and City Council Ordinance No.2 remain in full force and effect. Please note, however, that Ordinance No. 2 is incorrectly referenced as Ordinance No. 10, Series of 2011 in Section 2 of Resolution No. 16. The conditions contained in both the Resolution and the Ordinance have been incorporated in the Agreement as discussed above. 2. Section 3 The requirements of this section are addressed in Article III, paragraph 3.1(g)(vii) of the Agreement. F. Notice of Approval dated September 24, 2012 The Notice of Approval memorialized the additional lodge GMQS allotment granted pursuant to P&Z Resolution No. 16, and granted an insubstantial PUD/SPA amendment to accommodate the reconfigured Club Units and the associated increase in lodge units and pillows. The approval required the provision of one additional off- street parking space which increased the project's total parking from 132 spaces to 133 spaces. The 133 space requirement is addressed in both Article II, paragraph 2.3(k) and in Article III, paragraph 3.1(h) of the Agreement. G. P&Z Resolution No. 24, Series of 2012 Resolution No. 24 amended the commercial design review approval granted pursuant to P&Z Resolution No. 17. The approval conditions are contained in Section 1 of the Resolution and addressed in Article III, paragraph 3.13 of the Agreement. H. Notice of Approval dated July 12, 2013 The Notice of Approval granted an insubstantial PUD/SPA amendment to accommodate various minor revisions to the project including a relocation of an Aspen Consolidated Sanitation District sewer alignment. A stream margin exemption was granted for the realigned sewer. The relevant approval conditions are summa- rized below. Ms. Jessica Garrow November 25, 2013 Page 8 1. Condition 5 Condition 5 reiterated the 133 space parking requirement referenced in Section F., above, and has been incorporated in the Agreement. 2: Condition 6 Condition 6 amends several of the dimensional requirements contained in Ordinance No. 2. The revised requirements are reflected in Article II, paragraph 2.3 of the Agreement. 3. Condition 7 The requirements of this condition are addressed in Article III, para- graphs 3.11(a) and (b) of the Agreement. 4. Condition 8 The requirements of this condition are addressed in Article III, para- graphs 3.9 and 3.15 of the Agreement. 5. Condition 9 The requirements of this condition are addressed in Article III, para- graph 3.7 of the Agreement. 6. Condition 10 The requirements of this condition are addressed in Article III, para- graph 3.12 of the Agreement. 7. Condition 11 Condition 11 restates the approved development program which is addressed in Article III, paragraph 3.1 of the Agreement. 8. Condition 12 Condition 12 modifies the requirements of Section 2 of Ordinance No. 2 to allow the PUD/SPA recordation drawings (Le, grading and drainage plan, utility plans, etc.) to be "conceptual or illustrative" in nature. Detailed drawings meeting applicable department requirements are required at building permit submission. Ms. Jessica Garrow November 25, 2013 Page 9 9. Condition 13 Condition 13 requires that the detailed PUD/SPA drawings to be submitted with the project's building permit application be substantially in compliance with the drawings attached to the Notice of Approval. This requirement is addressed in Article III, paragraph 3.3 of the Agreement. I. Development Order dated July 12, 2013 The Development Order for the approvals granted pursuant to P&Z Resolution Nos. 16 and 24, and the insubstantial PUD/SPA amendment approvals granted on September 24, 2012 and July 12, 2013, contains no conditions which must be ad- dressed in the Agreement. Subdivision Plat and Architectural/Landscape/Engineering Plans The following documents will be recorded concurrently with the Subdivi- sion/PUD/SPA Agreement, copies of which are enclosed herewith. A. Subdivision Plat The subdivision plat consists of five (5) sheets, and subdivides the project site into four surface lots and one air-space lot which are depicted thereon as Lots 15A through 15E. B. PUD/SPA Plan Set The PUD/SPA plan set consists of twenty-one (21) sheets which depict the project's final PUD/SPA development plan; its landscape plan; its architectural floor plans; its architectural character; and the required engineering drawings. The specific sheets are listed below. Cover Sheet 1.0 Lower Level Final PUD/SPA Development Plan 2.0 Main Level Final PUD/SPA Development Plan L1 Landscape Plan Al Basement Level Plan A2 Lower Level Plan A3 Main Level Plan A4 Upper Level Plan A5 Upper Level AHU Plan A6 Roof Level Plan Ms. Jessica Garrow November 25, 2013 Page 10 A7 Club Building Character A8 Townhouse Building Character A9 AHU Building Character C 1 Grading Plan C2 On-Site Drainage and Water Quality Basin Plan 0 Off-Site Drainage Basin Plan C4 Off-Site Drainage and R.O.W. Improvements Plan C5 Master Utility Plan C6 Master Water System Plan C7 On-Site Sanitary Sewer Plan and Profile C8 Off-Site Sanitary Sewer Plan An Engineering Report addressing the project's access; water system and fire flow; sanitary sewer service; and on and off-site drainage is also enclosed to facilitate the review of the various engineering drawings. As presently envisioned, the report will not be recorded. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, VANN ASSOCIATES, LLC nn ann SV:cwv Enclosures cc: Michael Fox Bob Daniel d:\o1dc\bus\city.ltr\1tr51807.807J g6 E C E I E D oo77 -26 1 5 - ASL , EXHIBIT NOV 2 5 2013 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY CITY OF ASPEN PLAMY4"DEVELOPMENT Jessica Garrow,429-2780 DATE: September 18, 2013 PROJECT: Aspen Club and Spa PUD, SPA and Subdivision—Recordation Documents REPRESENTATIVE: Sunny Vann, Vann Associates, 925.6958 DESCRIPTION: The Applicant has land use approvals to develop the Aspen Club & Spa property with 21 lodge units, 12 affordable housing units, and reconfigured commercial space. It included the subdivision of the property into five (5) new lots. The following final documents are required to be recorded: PUD/SPA/Subdivision Agreement, Timeshare Documents, Final PUD and Subdivision Plat. The project currently has a deadline of November 27, 2013 to record the documents. If additional time is needed, the applicant may request an extension. All documents are reviewed administratively. No public hearings are required. Pursuant to Section 3 of Ordinance 2, Series 2010, the Timeshare Documents may be recorded in conjunction with condominiumization of the timeshare units, which will occur after substantial completion of construction. In addition to Planning staff review, the Engineering and Parks Departments, and City Attorney's Office will review the recordation documents. Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.440 SPA 26.445 PUD 26.590 Timeshare http:ll www.aspenpitkin.com/depts/38/citycode.cfm Review by: Staff for complete application and approval of documents Planning Fees: Planning Deposit—$975 for 3 hours (additional time is billed at$325 per hour) Referral Fees: Parks Department-$650 flat fee Engineering Department-$265 deposit(additional time is billed at$265 per hour) City Attorney's Office—no deposit, but time is billed at$325 per hour Total Deposit: $1,890 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, 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, listing the names of all owners of the property, and all mortgages,judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ❑ Total deposit for review of the application. ❑ 4 Hard copies of the complete application packet and maps; 2 sets of Plats. ❑ Electronic copy of all document. Word format is preferred for all text documents (Timeshare Documents, PUD/SPA/Subdivision Agreement, etc). 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 � Z VANN ASSOCIATES, LLC Planning Consultants May 30, 2013 HAND DELIV—MED Mr. Chris Bendon, Director Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Aspen Club Living Subdivision/PUD/SPA Recordation Deadline Dear Chris: Please consider this letter a request to extend the recordation deadline for the final plat, final PUD/SPA development plan, and associated documents for the Aspen Club Living Subdivision/PUD/SPA. The request is submitted pursuant to Sections 26.480. 070.E. and 26.445.070.A. of the Land Use Regulations by Aspen Club and Spa, LLC, the project Applicant. The above regulations permit the Community Develop- ment director to extend the deadline if the request is submitted within the approval's vested rights period and there is a community interest for granting the extension. The current recordation deadline is June 1, 2013. As you know, the Aspen Club submitted an application requesting an insubstantial amendment to the prior approvals on September 13, 2012. The application requested approval for various changes to the project that have occurred in connection with the design development process, and as a result of Auberge Resorts involvement. The majority of the changes have been approved administratively, while the remainder were reviewed and approved by the Planning and Zoning Commission on December 18, 2013. Issuance of a Development Order memorializing the approvals, however, has been on hold pending approval of an additional revision involving the required relocation of the project's internal sewer line. Resolution of the line relocation issue has been extremely time consuming, and has entailed lengthy negotiations with the Aspen Consolidated Sanitation District. The issue is now believed to have been resolved, and the Applicant's engineer can focus on the project's remaining infrastructure requirements, the conceptual drawings for which will be included with the PUD recordation documents. _ P.O.Box 4827 4 Basalt,Colorado 81621 • 970/925-6958 • Fax 970/920-9310 vannassociates@comcast.net Mr. Chris Bendon May 30, 2013 Page 2 As addressing the remaining infrastructure issues (e.g., the City's new drainage requirements), and any site plan revisions potentially arising therefrom, will require additional time to resolve, I would appreciate it if you would extend the recordation deadline as provided for in the Regulations. The project's vested rights status remains in full force and effect, and the project has been found to be in the community's best interests as evidenced by its land use approvals. A one hundred and eighty (180) day extension of the June 1, 2013 deadline would appear sufficient to finalize the recordation documents and accommodate the City's review thereof. -The extended recordation deadline, therefore, would be November 27, 2013. Should you have any questions, or require additional information,_please do not hesitate to call. Yours truly, Approved VANN SSOCIATES, LLC crate: Chris Bendon,Atop Community Development Director City of Aspen Vann S :cwv cc: Michael Fox Arthur C. Daily, Esq. i d:\oldc\bus\city.itrldtr5l8O7.cb4 EXHIBIT PROFORMA TITLE REPORT SCHEDULE A 1. Effective Date: September 24,2013 at 8:00 AM Case No. PCT23547P4 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 Toll Free AUTHORIZED AGENT Countersigned: EXHIBIT "A" LEGAL DESCRIPTION PARCEL A: LOT 15, CALLAHAN SUBDIVISION, according to the maps thereof recorded May 19, 1976 in Plat Book 5 at Page 7, August 17, 1977 in Plat Book 6 at Page 16. PARCEL B: A pedestrian access easement through Lot 14, Callahan Subdivision and part of Crystal Circle within the Callahan Subdivision, City of Aspen, Colorado being 12 feet in width, lying westerly of and abutting the following described line: Beginning at a point on the Southerly line of Lot 14, Callahan Subdivision whence the Southwest corner of said Lot 14, Callahan Subdivision bears N 88025'W 199.49 feet; thence N 07"39'W 125.28 feet; thence N 13 015' E 69.49 feet to a point on the South line of Lot 14-A, Callahan Subdivision, as set forth in Deed of Access Easement recorded January 11, 1985 in Book 479 at Page 661. PARCEL C: A right of access and vehicular access described as follows: a 24 foot wide private road adjacent to the most northerly point of Lot 14, being the road that circles Lot 14A, Callahan Subdivision;thence following said private road Easterly through Centennial Circle to Crystal Lake Road, and Northeasterly along the Westerly arm of said Crystal Lake Road to Colorado State Highway No. 82 as shown on the Final Plat and Development plan of the Callahan Subdivision, recorded 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 twenty-four(24)feet in width along and within the northerly boundary of Lot 5, Stillwater Ranch Subdivision and adjacent at all points to the southerly boundary of Lot 15, Callahan Subdivision, 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: A non-exclusive easement and right-of-way over, upon, across and under the portion of neighboring Lot 5, Stillwater Ranch Subdivision, depicted and described as the Easement Area on the drawing attached as Exhibit A to that certain Easement Agreement recorded July 23, 2012 as Reception No. 590784,for the construction, installation, maintenance, repair, replacement, relocation, operation, use and enjoyment of certain Infrastructure Improvements described in the Easement egress an Agreement ravveltbetwe benefit of Lot 15, Utte Avenue and d Lot 15, Callahan Subdivision for the access vehicular uses permitted by the ingress, egress and Easement Agreement. EXHIBIT November 21,2013 Ms. Jessica Garrow Community Development Department 130 South Galena Street Aspen, Coloradd 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 recordation of subdivision plat; subdivi- sion/PUD/SPA agreement; and the final PUD/SPA Development plan and associated documents for the Aspen Club & Spa Subdivision/PUD/SPA. Mr. Vann is hereby autho- rized to act on our behalf with respect to all matters reasonably pertaining to the afore- mentioned recordation. 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\Itr51807.jg7 LAA EXHIBIT r . � r 5 Agreement to Pay Application Fees An agreement between the City of Aspen ("City")and Property Phone No.: Owner('7): �`yo GG-G Email REc1��� Address of Z¢rJO Billing Vie., 45 Property: Address: NOV 2 5-2013 (subject of lam' (send bills here) application) 4y cv CITY OF ASPEN MENT 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. 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. $ e!ocS�� flat fee for � /��SS $ flat fee for $ flat fee for $ 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 of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ �� ° deposit for 3 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at$3 5 per hour. $ ZG 5 deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at$265 per hour. City of Aspen: Property Owner: e c Chris Bendon t �lC �.� • ,-7 `��If Community Development Director Name: �'! ,!�`'" City Use: /fin Title: � --_ ,_------__ Fees Due: Received:$ November 22, 2013 ASPEN CLUB & SPA SUBDIVISION/PUD/SPA AGREEMENT THIS ASPEN CLUB & SPA SUBDIVISION/PUD/SPA AGREEMENT (the "Subdivision/PUD/SPA Agreement") is made and entered into this day of , 2014, by and between THE CITY OF ASPEN, COLORADO, a municipal corporation (hereinafter referred to as "City"), and ASPEN CLUB & SPA, LLC, a Colorado limited liability company (hereinafter referred to as "ACS"), WITNESSETH: WHEREAS, ACS has submitted to the City an Application for Final PUD/SPA Development Plan approval (the "Application") for that certain property in the City of Aspen, Colorado more particularly described on Exhibit A attached hereto and made a part hereof by this reference (the "Property"), which Application requests the approval, execution and recordation of a Final Plat of Aspen Club & Subdivision/PUD/SPA (the "Final Plat"); and the approval and recordation of a Final PUD/SPA Development Plan and related documents (collectively, the "Final PUD/SPA Development Plan"); and WHEREAS, City has fully considered the Application, the Final Plat, the Final PUD/SPA Development Plan, the proposed development and improvement of the Property, and the effects of the proposed development and improvement of said Property on adjoining or neighboring properties and property owners; and WHEREAS, City has imposed certain conditions and requirements in connection with its approval, execution and recordation of the Final Plat and its approval and recordation of the Final PUD/SPA Development Plan, such matters being necessary to protect, promote and enhance the public safety, health and welfare; and WHEREAS, ACS is willing to acknowledge, accept, abide by and faithfully perform the conditions and requirements imposed by City in approving the Application, the Final Plat, and the Final PUD/SPA Development Plan; and WHEREAS, under the authority of Sections 26.445.070.C. and 26.480.070.C. and D. of Title 26, Land Use Regulations, of the Aspen Municipal Code, City is entitled to certain financial guarantees to ensure (i) that the required public facilities are installed and (ii) that the required landscaping is implemented and maintained, and ACS is prepared to provide such guarantees as hereinafter set forth; and WHEREAS, contemporaneously with the execution and recording of this Subdivision/PUD/SPA Agreement, City and ACS have executed and recorded the Final 1 Plat in Plat Book at Page as Reception No. , and City and ACS have recorded the Final PUD/SPA Development Plan as Reception No. , both in the Office of the Clerk and Recorder of Pitkin County, Colorado. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the approval, execution and acceptance of the Final Plat and the approval and acceptance of the Final PUD/SPA Development Plan for recordation by City, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE I PURPOSE AND EFFECT OF SUBDIVISION/PUD/SPA AGREEMENT 1.1 Purpose. The purpose of this Subdivision/PUD/SPA Agreement is to set forth the complete and comprehensive understanding and agreement of the parties with respect to the renovation of the Aspen Club and Spa (the "Club"), the development of new timeshare lodge units and affordable housing units on the Property, and to enumerate all terms and conditions under which such activities may occur. 1.2 Effect. It is the intent of the parties that this Subdivision/PUD/SPA Agreement shall effectively amend or supersede certain previously recorded subdivision and planned unit development agreements, plats, land use approvals, easements and other documents and agreements encumbering the Property, as more specifically set forth in Article VI below (collectively, the "Prior Instruments and Approvals"), and City and ACS agree to cooperate in the execution and recording of such documents as may be necessary or appropriate to accomplish the amendment and/or termination of said Prior Instruments and Approvals. The parties anticipate that these recordings will take place contemporaneously with the recording of the Final Plat and of the Final PUD/SPA Development Plan. However, a delay in the recording of any such amendment/termination documents shall not affect or delay the recording of this Subdivision/PUD/SPA Agreement, the Final Plat, or the Final PUD/SPA Development Plan. All prior land use approvals and agreements associated with the Property that are not identified as Prior Instruments and Approvals in Article VI below shall remain unmodified hereby and in full force and effect. 1.3 Termination of Detached Residential Development Right. The right to build detached residential dwellings on the Property (Lot 15 of the Callahan Subdivision/PUD, as further subdivided herein) is hereby terminated. ARTICLE II ZONING AND REGULATORY APPROVALS 2.1 Approval Actions. (a) Aspen Planning and Zoning Commission Resolution No. 15 (Series of 2009) approved October 6, 2009 and recorded October 28, 2009 as Reception No. 563998 granted Stream Margin Review approval for the Project (as defined 2 below) and a growth management allotment for the Project's twelve (12) affordable housing units. (b) City Council Ordinance No. 2 (Series of 2010) approved July 1, 2010 and recorded July 6, 2010 as Reception No. 571827 granted Final PUD/SPA development plan approval for the development of twenty (20) timeshare lodge units and twelve (12) affordable housing units on the Property, the reconfiguration and renovation of the existing Aspen Club and Spa building, and the construction of a fifty-four (54) space subgrade parking garage on the Property (collectively, the "Project"). Ordinance No. 2 also (i) rezoned the Property to Specially Planned Area (SPA) Overlay, (ii) granted subdivision approval to subdivide the Property into five (5) separate lots (two Townhouse Lots, one Club Unit Lot, one AH Unit Lot, and the Club Lot); (iii) granted a growth management quota system allotment for one hundred twenty four (124) lodge pillows; and (iv) granted approval to condominiumize the timeshare lodge units and to sell the timeshare lodge units pursuant to a timeshare use plan (the "Fractional Ownership Plan"). (c) Aspen Planning and Zoning Commission Resolution No. 17 (Series of 2011) approved September 6, 2011 and recorded September 14, 2011 as Reception No. 582728 granted Final Commercial Design Review for the Project. (d) The Development Order for the above-described Approvals was issued by the Aspen Community Development Department (COMDEV) on September 12, 2011, with an Effective Date of September 17, 2011. (e) Aspen Planning and Zoning Commission Resolution No. 16 (Series of 2012) approved September 18, 2012 and recorded September 28, 2012 as Reception No. 592664 granted an additional six (6) lodge pillow GMQS allotment to permit the reconfiguration of the two (2) previously approved 2- bedroom Club Units as 3-bedroom units and the future conversion of the- - - timeshare sales office to a new 1-bedroom Club Unit. (f) COMDEV Notice of Approval issued on September 24, 2012 and recorded January 14, 2013 as Reception No. 596102, approving the PUD and SPA Amendment for the Project to allow for the conversion of two 2-bedroom Club Units into 3-bedroom units and the creation of one new 1-bedroom Club Unit, resulting in a total of 21 timeshare lodge units. (g) Aspen Planning and Zoning Commission Resolution No.24 (Series of 2012) approved December 18, 2012 and recorded January 8, 2013 as Reception No. 595908, approving a Commercial Design Review Amendment for the Project as illustrated on Exhibit A to the Resolution. (h) COMDEV Notice of Approval issued on July 12, 2013 and recorded July 24, 2013 as Reception No. 601690, approving certain Administrative PUD and SPA Amendments involving various minor changes to 3 the building, site plan, materials, and internal space design of the Project, as detailed in the Approval and on the drawings attached thereto as Exhibit A, and including approval of a Stream Margin Exemption for a proposed ACSD sewer alignment on the Property. (i) The Development Order for the Approvals described in (e) through (h) above was issued by COMDEV on July 12, 2013 with an effective date of July 25, 2013. 2.2 Development Orders Control. The provisions of the above-described Approvals, including the Development Orders, are incorporated herein and made a part of this Subdivision/PUD/SPA Agreement. To the extent that matters addressed in such Approvals (including the Development Orders) are also addressed in this Subdivision/PUD/SPA Agreement, the provisions of the Approvals and the Development Orders shall control. 2.3 Dimensional Requirements. Section 4 of Ordinance No. 2 (Series of 2010), as amended in Section 6 of the COMDEV Notice of Approval referenced in Section 2.1(h) above, established and approved the following dimensional requirements for the Project: (a) Minimum Lot Size (Sq. Ft.) Lot 15-A 152,670 sq. ft. Lot 15-B N/A Lot 15-C 19,451 sq. ft. Lot 15-D 31,654 sq. ft. Lot 15-E 11,459 sq. ft. (b) Minimum Lot Area Per Dwelling Unit Lodge No Rqmt. Multi-Family No Rqmt. (c) Maximum Allowable Density (Units) Lodge Units 21 Lodge Pillows 130 Affordable Housing 12 (d) Minimum Lot Widths — As Depicted on Final Plat (e) Minimum Setbacks (Feet) (all front yard setbacks are measured on the south side of the Lots; all rear yard setbacks are measured on the north side of the Lots; all side yard setbacks are measured on the east and west sides of the Lots, respectively. 4 Lot 15-A Front Yard Above Grade 29.25 feet Below Grade 5 feet East Side Yard Above Grade 0 Below Grade 0 West Side Yard Above Grade 60 feet to building, 5 feet to garage, 20 feet to garage stair Below Grade 5 feet Rear Yard 25 feet Lot 15-B Front Yard N/A East Side Yard N/A West Side Yard N/A Rear Yard N/A Lot 15-C Front Yard 10 feet East Side Yard 10 feet West Side Yard 20 feet Rear Yard 10 feet Lot 15-D Front Yard 5 feet South Side Yard 0 West Side Yard 10 feet East Rear Yard 20 feet North Rear Yard 10 feet Lot 15-E Front Yard 7.5 feet East Side Yard 5 feet West Side Yard 0 Rear Yard 10 feet (f) Maximum Height (Feet) 28 feet for all uses (all heights shall be measured from and lots 5 finished grade) (g) Minimum Distance Between Buildings No Rqmt. (h) Minimum Required Pedestrian Amenity Space No Rqmt. (i) Maximum Allowable Floor Area (Sq. Ft.) 94,750 (total) Aspen Club & Spa 31,870 Townhouse Units 34,410 Club Units 16,080 Affordable Housing Units 12,390 (j) Maximum Allowable Commercial Net Leasable Area (Sq. Ft.) 63,199 (k) Minimum Required Off-Street Parking 133 spaces total Lodge Units - 21 spaces Aspen Club and Spa — 95 spaces (60 spaces on Lot 15-A; 35 spaces on Lots 14A and 14W) AH Units — 17 spaces 2.4 Vested Rights. Under Development Order of the City of Aspen Community Development Department issued September 12, 2011 with an effective date of September 17, 2011 (the "Development Order"), the right to undertake and complete the development and use of the Property pursuant to the terms and conditions of the site specific development plan for the Property is vested until September 17, 2016, and shall not be altered, impaired, diminished or delayed by any subsequent zoning or land use action that is prohibited by Section 24-68-105(1) of the Colorado Revised Statutes. In accordance with the requirements of CRS Section 24-68-103(b), a properly noticed public hearing concerning the establishment of such vested rights for the Property was conducted on July 1, 2010. As authorized by CRS Section 24-68-102(4)(a), City and ACS agree that the site specific plan for the Property consists of and includes, but is not limited to, the number, permitted size, and configuration of the Townhouse Units, the Club Units, the Affordable Housing Units, the parking spaces, and the other spaces and areas in the Project; all other matters set forth in the various Approvals referenced in Section 2.1 above; the Fractional Ownership Plan; the Final Plat recorded in Plat Book at Page ; the Final PUD/SPA Development Plan for Aspen Club & Spa Subdivision/PUD/SPA recorded as Reception No. , all in the Office of the Clerk and Recorder of Pitkin County, Colorado; this Subdivision/PUD/SPA Agreement; and all other documents and plans recorded concurrently herewith. For purposes of this Section 2.4, this Subdivision/PUD/SPA Agreement shall be considered a "development agreement" as that term is used in CRS Section 24-68-104(2). 6 ARTICLE III DEVELOPMENT REQUIREMENTS AND RESTRICTIONS 3.1 The Components of the Project. The Project approved pursuant to the Approvals referenced in Section 2.1 above will consist of the following principal components: (a) Townhouse Units. The Project will contain fourteen (14) timeshare lodge units in three (3) new structures (the "Townhouse Units"). The Townhouse Units will be configured as townhouses, and will consist of ten (10) three- bedroom units and four (4) four-bedroom units. Each Townhouse Unit will contain one (1) lock-off bedroom resulting in a total of twenty-eight (28) keys. The fourteen (14) Townhouse Units are limited to a maximum allowable floor area of 34,410 square feet calculated in accordance with the floor area regulations attached hereto as Exhibit B and made a part hereof by this reference. (b) Club Units. The Project will also contain seven (7) timeshare lodge units to be located within the remodeled Aspen Club & Spa building (the "Club Units"). The Club Units will consist of six (6) three-bedroom units and one (1) studio unit. Each of the three-bedroom Club Units will contain one (1) lock-off bedroom, hence the Club Units will represent a total of thirteen (13) keys. The Club Units are limited to a maximum allowable floor area of 16,080 square feet inclusive of any ancillary unit space, circulation area and lobby area directly attributable to the Club Units. Floor area shall be calculated in accordance with the floor area regulations attached hereto as Exhibit B. (c) Condominiumization of Units. The Townhouse Units and Club Units will be condominiumized and sold pursuant to the Fractional Ownership Plan defined and described in the Declaration of Condominium for the Aspen Club Condominiums (the "Declaration") to be recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado contemporaneously with the recording of the Condominium Map therefor. As provided in the Declaration, the Townhouse Units and Club Units (collectively, the "Condominium Units") will be available for walk-in, short-term rental to the public when the Units are not being occupied by an Owner, an Owner's guest, or persons occupying the Unit under an exchange program. (d) Mandatory Physical Elements. The Project will contain the following mandatory physical elements which are specified in Section 26.590.060.A of the Land Use Regulations in effect on September 17, 2007. The Club, pursuant to contractual agreement with the Aspen Club Condominium Association (the "Association"), will provide for the benefit of the Condominium Units a fully-staffed, on-site front desk which will be located on the Club's main entry level. The front desk will be sized to accommodate the needs of the Owners, guests and renters of the Units. The front desk will be staffed with the Club's normal front desk personnel during regular business hours, will provide full-time registration and reservation services, including late check-in and other off-hours guest and Owner services, and will accommodate walk-in rentals. The Club offers recreational activities and facilities 7 which will be available to both Club members and to the owners of fractional interests in Condominium Units. The Club will also provide a lobby area for the use of Club members and Unit Owners. (e) Mandatory Operational Practices. The Project will also comply with the following mandatory operational practices, as set forth in Section 26.590.060.B of the Land Use Regulations in effect on September 17, 2007, to wit: (i) The Condominium Units will be available for short-term rental by the general public when a Unit is not occupied by an Owner, an Owner's guests, or persons occupying the Unit under an exchange program. Units that are available for rental will be listed at competitive rates in the Managing Agent's reservation system or with a central reservation system in Aspen. (ii) The Declaration will require that the Association permit walk-in rentals of Units on a nightly, split-week or weekly basis, subject to availability. (iii) The reservation system will require that Owners reserve their use periods sufficiently in advance to enable other Owners and the public to rent Units that are not so reserved. (iv) An Owner shall not be permitted to occupy the Owner's timeshare estate for any period in excess of thirty (30) consecutive days. (v) All Units in the developer's inventory will be made available for rental to the public while the timeshare estates are being sold, except for models and other Units that are needed for marketing or promotional purposes. (f) Aspen Club & Spa. (i) The Aspen Club & Spa shall be limited to 63,199 square feet of net leasable commercial area. The Club's floor area shall be limited to a maximum allowable floor area of 47,950 square feet inclusive of the 16,080 square feet of floor area attributable to the Club Units. Floor area shall be calculated in accordance with the floor area regulation attached hereto as Exhibit B and made a part hereof by this reference. Net leasable commercial area shall be calculated in accordance with the definition of such area on September 17, 2007, a copy of which is attached hereto as Exhibit C and made a part hereof by this reference. (ii) The Aspen Club & Spa is a "Recreation Club" as such term is defined in the Land Use Regulations in effect on September 17, 2007, and is an approved conditional use in the RR, Rural Residential, Zone District. Allowed uses of the Aspen Club & Spa shall be those uses permitted from time to time in the RR, Rural Residential, Zone District, and those uses associated 8 with the operation of the Property as a health club, spa, and integrated healthy living facility. (g) Affordable Housing Units. (i) The Project will contain twelve (12) Affordable Housing Units, to be located in a single new multi-family structure. Three (3) of the Affordable Housing Units will contain a minimum net livable area of 850 square feet while the remaining nine (9) Affordable Housing Units will contain a minimum net livable area of 950 square feet. The Affordable Housing Units are limited to a maximum allowable floor area of 12,390 square feet calculated in accordance with the floor area regulations attached hereto as Exhibit B and made a part hereof by this reference. (ii) The three (3) smaller Affordable Housing Units will be deed restricted to the Aspen/Pitkin County Housing Authority ("APCHA") Category 2 income and occupancy guidelines for rental units in effect at the time of recording of the Condominium Map for the Condominium Units. Five (5) of the larger Affordable Housing Units will be deed restricted to APCHA's Category 3 guidelines and the remaining four (4) Affordable Housing Units will be deed restricted to APCHA's Category 4 guidelines. The deed restriction will reserve to ACS and its successors and assigns the first right from time to time to select and place qualified ACS employees as tenants in the Affordable Housing Units. If ACS does not provide a qualified tenant for a Unit, such Unit shall be rented through APCHA's normal advertising process. At no time shall the tenancy in a Unit during a lease period be tied to continued employment by ACS. Tenant leases may, however, be terminated for cause or at the end of the lease period upon termination of employment by ACS. Each tenant in a Unit shall be required to be requalified by APCHA on a yearly basis. (iii) The deed restriction shall allow the Units to become ownership units at such time as ACS elects to condominiumize and sell the Units, or at such time as APCHA determines that one or more Units are 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 if ACS 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 CPI (simple appreciation not compounded), whichever is less, as of the listing date of the Units. The foregoing notwithstanding, if the Units are being sold due to noncompliance, all of the Units shall be sold through the lottery system, unless APCHA or the City elects to purchase the Units for rental to qualified tenants in accordance with APCHA Guidelines. If ACS has elected to sell the Units, ACS may choose one third (1/3) of the initial buyers provided they qualify under APCHA's top priority for the Unit. 9 (iv) If ACS elects to sell the Units, or if the Units are required to be sold because of noncompliance, ACS shall condominiumize the Units and shall form a condominium association for the management and maintenance thereof, in compliance with the Colorado Condominium Ownership Act (CCIOA). Such affordable housing association shall be separate from the fractional ownership unit association. (v) The deed restriction shall be recorded contemporaneously with the recording of the Condominium Map for the Project. No Certificate of occupancy shall be issued for the Townhouse and Club Units until a Certificate of Occupancy is issued for the Affordable Housing Units and until the deed restriction for the Affordable Housing Units has been executed and recorded. (vi) The Affordable Housing Units shall be owned and managed by ACS. More detailed information regarding management and maintenance of the Units will be provided to APCHA along with the draft of the proposed deed restriction and prior to issuance of a Certificate of Occupancy on the Units. (vii) The affordable housing commitment made by ACS represents a voluntary negotiated agreement between ACS, the City and APCHA, which has been proposed by ACS as a public benefit in connection with the Project approved by Ordinance No. 2 (Series of 2010), as amended. ACS and APCHA stipulate and agree that, in accordance with CRS Section 38-12- 301(1)(a) and (b), the deed restriction that shall be recorded prior to Certificate of Occupancy for the Townhouse and Club Units 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. ACS waives any right it may have to claim that the deed restriction will violate CRS Section 38- 12-301. (h) Parking. Pursuant to Ordinance No. 2 (Series of 2009) and the Notice of Approval dated September 24, 2012 and recorded as Reception No. 596102, the City Council and the Community Development Director approved a total of one hundred thirty three (133) off-street parking spaces for the Project: Forty-three (43) surface spaces and fifty-five (55) spaces in a subgrade parking garage will be provided on the Property. Thirty-five (35) surface spaces shall continue to be provided on adjoining Lots 14A and 14W of the Callahan Subdivision. Of the ninety-eight (98) spaces on the Property, sixty (60) shall be reserved for members and guests of the Aspen Club & Spa. Twenty-one (21) of the spaces in the subgrade garage shall be reserved for use by Owners or guests of the Townhouse and Club Units, and twelve (12) spaces in the subgrade garage shall be reserved for use by tenants in the Affordable Housing Units. The remaining five (5) spaces on the Property, which are located adjacent to the Affordable Housing Units, shall be restricted to short-term tenant parking. The thirty-five (35) spaces on Lots 14A and 14W shall be reserved for use by members and guests of the Aspen Club & Spa. No parking is approved for Ute Avenue or in the cul-de-sac, including without limitation affordable housing parking. 10 3.2 Affordable Housing Mitigation. (a) Requirements. The Project's twenty-one (21) timeshare lodge units will contain sixty-five (65) bedrooms, which has been determined to generate thirty-two and one-half(32.5) employees based on the City's applicable employee generation factor of 0.5 employees per lodge bedroom. No employees are generated by the Club, as no increase to its commercial net leasable area is proposed. ACS has agreed to provide affordable housing mitigation for twenty-seven (27) employees. (b) Mitigation. As set forth in Section 3.1(g) above, three (3) Category 2, five (5) Category 3 and four (4) Category 4 two-bedroom units will be provided within the Project, which units will be credited with housing twenty-seven (27) employees. 3.3 Construction in Accordance with Building Codes and Plans; Pre- Construction Meeting. Construction of the Project, and all of its component parts, shall be accomplished in substantial compliance with all adopted building codes and requirements in effect at the time the building permit application is submitted, and with the Final PUD/SPA Development Plan and with all architectural plans and elevations, utility plans, grading and drainage plans, and landscape plans that are recorded contemporaneously therewith and this Subdivision/PUD/SPA Agreement. ACS shall conduct a pre-construction meeting with the City Community Development Staff prior to submittal of an application for a building permit. 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. 3.4 Energy Commitment. (a) The Project shall comply with the energy conservation measures contained in the Conceptual Energy & Mechanical Systems Plan report prepared by Resource Engineering Group dated November 24, 2008 and attached hereto as Exhibit D and made a part hereof by this reference. (b) 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 is summarized in their written report attached hereto as Exhibit D. The energy consumption reflected in that report averaged 18,600 million Btu/year over the subject three year period (the "Baseline Average"). ACS hereby commits and agrees that following the redevelopment of the Property pursuant to this Subdivision/PUD/SPA Agreement, 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. (c) ACS commits and agrees that the Building Permit Application for the Project approved by Ordinance No. 2 (Series of 2010), including the Aspen Club & Spa facility upgrades discussed in Section 3.22(a) below, shall include the installation 11 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 or other qualified engineering firm shall be reviewed and approved by the City Building Department and the Canary Initiative staff before the Building Permit is issued. (d) The installation of the energy consumption mechanical components (including upgrades to existing systems) that are incorporated in the approved Building Permit shall constitute public improvements that are to be covered by the bond or letter of credit (or other form of financial security) to be provided by ACS to the City pursuant to Article IV(B)(d) below. (e) The final Certificate of Occupancy for the Project shall not be issued until ACS 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 ACS. (f) Within 30 days following the expiration of the one year period following the issuance of the final Certificate of Occupancy for the Project, ACS 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, ACS 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 the Property during said one year period exceeds the Baseline Average, within 30 days following the date of the report ACS shall open an Escrow Account with Pitkin County Title, Inc., subject to Escrow Instructions that have been mutually approved by ACS 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, ACS shall make a good faith effort to bring the Property's energy consumption into compliance with the Baseline Average and shall have the right to draw funds from the Escrow Account to pay for such compliance efforts. (g) Three years following the date of issuance of the final Certificate of Occupancy for the Project, ACS 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, ACS 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 ACS 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 12 Average. ACS shall have the right to draw funds from the Escrow Account to pay for such remediation efforts. (h) Similar audits will be performed four years and five years, respectively, following the date of issuance of the final Certificate of Occupancy for the 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 ACS 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. (i) 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 ACS and no further energy reports or audits shall be required. If said fifth year audit determines that the energy consumption of the Property exceeds the Baseline Average, ACS 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 Project, covering the preceding three year period and averaging the energy consumption of the Property over said three year period. Such annual audit obligation shall continue until such time as an audit determines that the energy consumption on the Property does not exceed the Baseline Average. 3.5 Ute Avenue Improvements. Prior to issuance of a Certificate of Occupancy for the Timeshare Units, ACS shall accomplish at its sole cost and expense, the following public improvements to Ute Avenue, to wit: (a) improvement of the cul- de-sac to accommodate a 100 foot diameter turning circle, while maintaining the center island; Sheet 1 of 1 of plans dated 6/30/2009 depicts conceptually how this will be achieved, which plans are attached as Exhibit D to Ordinance No. 2 (Series of 2010) and are attached hereto as Exhibit E; and (b) installation of two speed tables along Ute Avenue, one at the Ute Trail crossing and another at a location to be selected by the City Engineer; the final design of the speed tables must be approved by the City Engineer. At the time of building permit application for the Project, ACS shall provide a City Engineer-approved cost estimate for such Ute Avenue improvements. 3.6 Utilities/Water. (a) All uses and construction shall comply with the City of Aspen Water System Standards, with Title 25 of the Aspen Municipal Code, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City Water Department. Utility placement and design shall meet adopted City of Aspen standards. Each of the units within a building shall have an individual water meter. (b) The Project will demonstrate the delivery of fire flows adequate to satisfy Aspen Fire Protection District standards for a Type IIIA Commercial Building. 13 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. (c) ACS shall accomplish, as a public improvement, the installation of the private internal water system depicted on the Master Water System Plan to be recorded contemporaneously with the Final PUD/SPA Development Plan, and in accordance with Article IV of this Subdivision/PUD/SPA Agreement. The parties acknowledge and agree that any such recorded drawings shall be considered conceptual/illustrative in nature, and that detailed drawings shall be required with the pertinent building permit application and such detailed drawings shall control. (d) Paragraph 8 of the original 1976 Subdivision and Planned Unit Development Agreement for the Callahan Subdivision granted water rights to the City in connection with subdivision approval. ACS and City agree that nothing in this Subdivision/PUD/SPA Agreement or in the Project approved hereby shall adversely affect or impair such grant of water rights in any way. (e) If the Project is constructed contemporaneously with the City's proposed Ute Avenue water line improvements, ACS and City agree to coordinate the Project waterline improvements, to the extent possible, with the City's improvements. (f) ACS shall bear all costs associated with the proposed improvements to the water line along Ute Avenue and metering connections that result from the Project. 3.7 Utilities/Sewer. (a) ACS shall comply with the Aspen Consolidated Sanitation District ("ACSD") rules, regulations and specifications, which are on file at the District office, and shall bear all costs associated with the proposed improvements to the sanitation system resulting from this Project. (b) ACS shall accomplish, as a public improvement, the relocation of the existing sanitary sewer line which traverses the Property and the associated off-site sewer improvements, in compliance with the On-Site Sanitary Sewer Plan and Profile and the Off-Site Sanitary Sewer Plan to be recorded contemporaneously with the Final PUD/SPA Development Plan, and in accordance with Article IV of this Subdivision/PUD/SPA Agreement. The parties acknowledge and agree that any such recorded drawings shall be conceptual/illustrative in nature, and that detailed drawings shall be required with the pertinent building permit application and such detailed drawings shall control. (c) In connection with the sewer line relocation, a line extension request and a collection system agreement shall be approved by the ACSD Board. Existing service lines shall be abandoned at the main sanitary sewer line, and ACS shall execute and deliver to the District a new easement for the relocated sanitary sewer line, in accordance with standard District forms and requirements. 14 (d) One (1) service tap shall be allowed for each building in the Project. Shared service line agreements may be required where more than one (1) unit is served by a single service line. (e) All District fees shall be paid prior to the issuance of an excavation/foundation or access/infrastructure permit for the Project. ACS shall pay forty percent (40%) of the estimated tap fees for the proposed building stubouts prior to issuance of such permit. (f) No clear water connections (roof, foundation, perimeter, patio drains) shall be allowed to the sanitary sewer system. ACS shall also verify the Club's existing roof drains do not discharge to the system. (g) An oil and grease interceptor shall be installed in a location outside the Club building for the Club's existing restaurant. An under the counter interceptor is not allowed. (h) Oil and sand separators shall be installed in the Project's parking garage and elevator shafts. (i) Swimming pool drain sizes shall conform to District regulations. (j) ACS shall comply with the City's Urban Runoff Management Plan as it relates to the sewer access easement, including any paving and impervious surface discharge into the Property's top of slope area. (k) A revegetation plan for the sewer line realignment shall be included in the Building Permit application and shall be subject to review and approval by the Parks Department. (1) No laybacks are permitted in the stream margin area. (m) The portion of the sewer line located within the stream margin area shall, to the greatest extent practicable, be constructed in such manner as to minimize the need for future excavation work. This shall be reviewed by the Parks and Engineering Departments in coordination with recommendations from ACSD. Any future sewer line excavation work shall be mitigated with a revegetation plan. 3.8 Utilities/Cost Recovery. All Project public utilities, as depicted and described in the Master Utility Plan and as set forth in the PUD Plan Set, shall be undertaken and completed by ACS at its expense. In the event that property owners adjacent to those portions of Ute Avenue or along the alignment of the sanitary sewer line which are improved pursuant to this Subdivision/PUD/SPA Agreement seek to construct improvements on their property following completion of the public utilities required by this Subdivision/PUD/SPA Agreement, the City shall require, as a condition of the development, that such property owners reimburse ACS for a pro-rata share of the cost of such public utilities. The City shall not be obligated to require such reimbursement unless it is legally able to do so in connection with a development 15 approval requested by such adjacent owners. Reimbursement shall be made to ACS prior to the issuance of a building permit for any development on such adjacent property. The pro-rata share for each adjacent property owner shall be determined based upon the linear feet of frontage along Ute Avenue, or in the case of the sanitary sewer improvements, the amount of equivalent residential units for each such property as compared to the total amount of property frontage on both sides of uphill from . The City, as the owner of property along Ute Avenue, shall not be subject to this cost recovery requirement. 3.9 Drainage; Stormwater System Development Fee. All development within the Project shall comply with the On-Site Drainage and Water Quality Basin Plan; the Off-Site Drainage Basin Plan; and the Off-Site Drainage Improvements Plan- - - - - - and Profile to be recorded contemporaneously with the Final PUD/SPA Development Plan. ACS shall be responsible for implementing the Plans, and drainage improvements shall be accomplished as public improvements in accordance with Article IV of this Subdivision/PUD/SPA Agreement. The parties acknowledge and agree that any such recorded drawings shall be considered conceptual/illustrative in nature, and that detailed drawings shall be required with the pertinent building permit application and such detailed drawings shall control. The final Drainage Plan shall meet all Engineering Department standards. Before a Building Permit is issued for the Project, ACS shall pay to the City a Stormwater System Development Fee in an amount to be determined as Building Permit issuance based on regulations in effect at that time. The Project meets the requirements for Fee in Lieu as set forth in Ordinance Nos. 15 and 16, Series of 2011, due to the reduction in impervious surfaces post development. Since the Project does not fall within the City of Aspen Surface Drainage Master Plan area, the Fee in Lieu payment made by ACS shall be offset by the Right-of- Way improvements and the improvements to handle off-site drainage. In the event the Fee in Lieu is greater than the cost of these improvements, ACS shall pay to the City the difference (calculated based upon the regulations in effect at that time) before a Building Permit is issued for the Project. 3.10 Streets and Sidewalks/Cost Recovery. Ute Avenue and associated sidewalks, curbing and drainage improvements, as depicted and described in the PUD Plan Set, shall be constructed or reconstructed by or at the direction of ACS and as the expense of ACS. In the event that property owners adjacent to those portions of Ute Avenue which are improved pursuant to this Subdivision/PUD/SPA Agreement seek to construct improvements on their property following completion of the Ute Avenue street/sidewalk/curbing/drainage improvements required by this Subdivision/PUD/SPA Agreement, the City shall require, as a condition of development approval, that such property owners reimburse ACS for a pro-rata share of the cost of such Ute Avenue street/sidewalk/curbing/drainage improvements. The City shall not be obligated to require such reimbursement unless it is legally able to do so in connection with the development approval requested by such adjacent owners. Reimbursement shall be made to ACS prior to the issuance of a building permit for any development on such adjacent property. The pro-rata share for each adjacent property owner shall be 16 determined based upon the linear feet of frontage along Ute Avenue for each such property as compared to the total amount of property frontage on both sides of Ute Avenue. The City, as the owner of property along Ute Avenue, shall not be subject to this cost recovery requirement. 3.11 Landscaping. (a) All development within the Project shall comply with the Lower Level Site and Landscape Plan and the Main Level Site and Landscape Plan to be recorded contemporaneously with the Final PUD/SPA Development Plan. ACS shall be responsible for implementing the Landscape Plan, and the landscaping improvements shall be accomplished as public improvements in accordance with Article IV(A) of this Subdivision/PUD/SPA Agreement. The parties acknowledge and agree that any such recorded drawings shall be considered conceptual/illustrative in nature, and that detailed drawings shall be required with the pertinent building permit application and such detailed drawings shall control. The detailed drawings shall be reviewed by the Parks Department and are subject to further changes as may be deemed necessary by the Department. (b) A tree removal permit shall be required prior to building permit submission. Any required tree removal fee shall be paid to the City prior to the issuance of a building permit for the Project. (c) The building permit application shall include a detailed plan for protection of the stream margin and hillside above the Aspen Club Trail. Minimum requirements shall include a silt fence and straw bales placed in a manner to prevent erosion and to protect the river from residual run-off, such measures to be installed at the 15 foot setback from top of slope. The building permit application shall also include a detailed plan for the protection of all existing trees which are to remain following development. (d) The use of the Aspen Club Trail for construction access or other construction activities shall be prohibited at all times. This shall include, but not be limited to, truck traffic, foot traffic and material storage. 3.12 Exterior Lighting. All exterior lighting within the Property shall comply with Section 26.575.150, Outdoor Lighting, of the Land Use Regulations in effect on September 17, 2007 unless otherwise exempted by the Community Development Director. No exterior lighting shall be permitted in the stream margin area (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. Compliance with this requirement shall be verified at the time of building permit submittal. 17 3.13 Building Materials. The building materials throughout the Project shall be consistent in quality and color among the different uses on the site. In addition, the following conditions shall be met: (a) The trellis located on the roof of the Club shall not be enclosed, and shall be consistent in size with the approved roof plan. (b) The sloped roof material on the Townhouse Units shall be wood shingle, or non-reflective standing seam. Flat or low-slope roofs shall be single-ply membrane. (c) The Affordable Housing Units shall each have Juliette balconies, and the Units shall have access to a formalized usable courtyard space consistent with ACS's representations made at the December 18, 2012 hearing before the Planning and Zoning Commission and as depicted on the drawing attached hereto as Exhibit F. 3.14 Construction Management Plan. The building permit application shall include a Construction Management Plan for review and approval by the City Engineering Department which shall comply with all construction management requirements in effect at the time the application is submitted. The Plan shall include a noise, fugitive dust control, and construction traffic and parking management plan which addresses, at a minimum, the following matters: (a) A fugitive dust control plan including proposed construction fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads, construction speed limits, and other measures necessary to prevent windblown dust from crossing the property line. (b) A description of construction debris hauling routes and associated impacts on adjoining streets. (c) A description of how construction activities will not impact trees that are remaining on the site. (d) Construction parking mitigation. Except for essential trade trucks, no other personal trucks shall be parked in the area around the site. The City encourages that site workers be shuttled in from the airport parking area. (e) ACS shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. (f) ACS shall abide by all noise ordinances. Construction activity is limited to the hours between 7:00 a.m. and 7:00 p.m. Monday through Saturday. (g) If the Club will remain open during construction, the Construction Management Plan shall address potential construction impacts on the Club operation and shall contain a plan to maintain exits and separation from construction activity. 18 3.15 Building Permit Application. ACS shall meet all adopted building codes and requirements in effect at the time the building permit application is submitted. Accessible routes to any public right-of-way and accessible parking spaces will be required. The Project will be subject to the Use Tax on building materials. The Project will be required to comply with all Efficient Building Programs in place at the time of building permit submittal. In addition to the Construction Management Plan required pursuant to Section 3.14 above, the building permit application shall include the following: (a) Copies of the Development Orders referenced in Section 2.1(d) and (i) above. (b) A copy of Ordinance No. 2 (Series of 2010) and copies of the P&Z Resolutions referenced in Section 2.1(a) and (g) above. (c) A copy of the Resolution granting final Commercial Design Review approval referenced in Section 2.1(d) above. (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) The Transportation Demand Management Plan ("TDM") referenced in Section 3.16 below. (h) Detailed Water and Sewer Plans. (i) Detailed Drainage Plans. 0) A detailed Landscape Plan. (k) A detailed Lighting Plan. (1) A detailed plan showing protection of the stream margin area and the stability of the hillside above the trail. The plan shall identify the location of silt fencing and straw bales placed in such manner to prevent erosion along the hillside and to protect the river from residual run-off. All of these matters shall be detailed at the 15' setback from the top of slope. (m) A detailed plan describing the material and width of the footpath proposed within the stream margin area. The footpath shall be installed with hand excavation tools only and oriented around all trees to remain on site. Utilities located under the trail shall be developed and installed with junction boxes so that future 19 repairs can be accomplished without the need to excavate the new footpath. This footpath/trail shall not be used for or provide access for any construction activities on the site, including but not limited to truck traffic, foot traffic, storage or materials. (n) A detailed plan for Tree Protection, including location and standards for tree protection fences which must be in place and inspected by the City Forester or his/her designee before any construction activities commence on the Project, and including a detailed construction staging plan describing how construction will take place with staging, storage of materials, and locations of vehicles so that trees remaining on site will not be impacted and will remain protected. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicular traffic shall be allowed within the drip line of any tree on site. An approved Tree Permit is required before submittal of the building permit set. Proper spacing and a detailed legend (including species name) for new plantings and plantings around existing trees shall be reviewed and approved by the Parks Department at building permit submittal. ACS shall be subject to the Parks Department Impact Fee in place at the time of building permit submittal. (o) A copy of the Colorado Geologic Survey's referral comments regarding their review of geologic hazards on site. 3.16 Transportation Demand Management. ACS shall comply with all aspects of the Proposed Traffic Safety and Transportation Demand Management Tools reports (the "TDM Report") attached hereto as Exhibit G and made a part hereof by this reference. The TDA Traffic Study dated October 29, 2008 is attached hereto as Exhibit H and made a part hereof by this reference. (a) ACS may update the TDA Traffic Study and the TDM Report prior to building permit submittal, but any changes to the TDM Report based on updated traffic counts must first be reviewed and approved by the Transportation, Engineering, Environmental Health, and Community Development Departments. (b) Prior to submitting a building permit application, ACS shall conduct a meeting with City Staff to review the TDM Report, such meeting to include ACS, 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. (c) ACS shall be required to install a traffic counting system to monitor traffic on an hourly and daily basis. The proposed system shall be reviewed at the above-referenced meeting with City Staff, and must be approved by the Transportation Department prior to building permit submittal. ACS shall be responsible for the purchase, installation and maintenance of the traffic counting system. ACS shall also establish a back-up method of counting traffic in the event that the installed system malfunctions or otherwise does not work at any time. The traffic counting system shall be installed prior to issuance of a Certificate of Occupancy for the Timeshare Units. 20 (d) 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 Certificate of Occupancy. The Report must indicate both daily and hourly traffic counts. The Report shall also include the status of the required TDM program components. For each year that ACS 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. (e) If ACS does not meet the zero growth goal for two (2) years in a row, ACS shall be required to pay one-half(1/2) of the annual cost of operating the Cross-Town Shuttle that serves the Aspen Club area (at the rate in effect at that time), and ACS shall also institute paid parking at the Club until ACS can show that it has met the zero growth goal in some other manner, as approved by the Transportation, Engineering, Environmental Health, and Community Development Departments. 3.17 Fire Mitigation. All codes adopted by the Aspen Fire Protection District at the time of building permit submittal shall be met. This requirement includes but is not limited to access (International Fire Code, 2003 Edition [IFC], Section 503), and approved fire sprinkler and alarm systems (IFC, as amended, Sections 903 and 907). ACS shall provide an overall fire access plan for the site at the time of building permit submittal. The subgrade garage shall have adequate fire access. Such access plans 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 for the Project, including in all structures. 3.18 Avalanche Mitigation. ACS shall comply with the mitigation requirements contained in the Snow Avalanche Hazard Analysis and Defense Recommendations report dated December 10, 2008 attached hereto as Exhibit I and made a part hereof by this reference. 3.19 School Land Dedication Fee. Before a building permit is issued for the Project, ACS shall pay to the City a cash payment in lieu of school land dedication for the Project's twelve Affordable Housing Units in an amount to be determined at building permit issuance based on the regulations in effect at that time. 3.20 Park Development Impact Fee. Before a building permit is issued for the Project, ACS shall pay to the City a park development impact fee, for the Project's timeshare lodge and affordable housing components, in an amount to be determined at building permit issuance based on the regulations in effect at that time. No impact fee is required for the Club's existing net leasable commercial square footage. 3.21 Air Quality Impact Fee. Before a building permit is issued for the Project, ACS shall pay to the City an Air Quality Impact Fee in an amount to be determined at building permit issuance based on regulations in effect at that time. 21 3.22 Ute Trail Il 'brovements. ACS has agreed to cote ibute the sum of $70,000 (adjusted annually according to the CPI, starting in 2009) to the completion of the Ute Trail. The contribution shall be made no later than sixty (60) days following delivery by the City to ACS of written notice of the City's intent to proceed with the Trail's construction. If the contribution has not yet been made, prior to issuance of the initial building permit for the Project ACS will be required to deliver to the City a bond or letter of credit in the amount of$70,000, such bond or letter of credit to be released when ACS delivers the requisite contribution to the City. If the contribution is not made as above required, the bond or letter of credit will be executed by the City. 3.23 Club Reinvestment. (a) ACS hereby commits and agrees that prior to the issuance of a final Certificate of Occupancy for the Project, ACS 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 in locker room Exhibit F to Ordinance No. 2, • Sauna in men's and women's locker Series of 2010) room • Structural improvements throughout • Retiling and regrouting in wet areas of Club locker rooms • New entryway • Updated spa rooms • Underground parking • Massage tables • Safer access to Club • New carpeting throughout Club • Upgraded HVAC system • New furniture in reception area • New heating and cooling control • New patio furniture and umbrellas on systems outdoor deck • Clean energy initiatives such as • Update salon geothermal and solar • Salon furniture and fixtures • Upgraded insulation • Phone system • Fix snowmelt • Repair roof • Refurbished cardio room • Employee lounge furniture • New weights in weight room • TRX System • New cardio equipment in cardio • Entrance to Yoga Studio area • Cord coverings on Cardio Deck • Painting . TVs • Performance center • Spa entrance area • Yoga studio • Signage • New spinning bikes • Replace steam units • New power tap equipment • Equipment in spa • Swimming pool • Redesign retail space • Lockers in men's and women's locker room 22 (b) Upon substantial completion of the upgrades to the Aspen Club & Spa facility, ACS shall provide to the Community Development Department a summary of the costs and expenses incurred by ACS in accomplishing the upgrades, which cost summary shall be reviewed and approved by the Community Development Department. ACS shall specifically explain all costs related to improving the snowmelt system, upgrading insulation, clean energy initiatives, heating and cooling systems, improved HVAC systems, safe access to the Club, underground parking, a new entryway, and structural improvements. (c) A final Certificate of Occupancy shall not be issued for the Project until the Community Development Department is satisfied that ACS has expended a minimum of$5,000,000 in connection with the upgrades to the Aspen Club & Spa facility. (d) ACS has also committed to provide on-going benefits to the community, to wit: • Program Development and Programming (as defined herein and in Exhibit F to Ordinance No. 2 (Series of 2010) • 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 the 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 ACS and subsequent Club Owners are unable, for whatever reason, to provide the benefits outlined in this subsection (d), the Community Recreation Fund described in Section 3.24 below may be used to provide said benefits elsewhere in the community. 3.24 Aspen Club Condominiums ("ACC") Fractional Interest Assessment. (a) ACS hereby commits and agrees that the initial purchaser of each Fractional Interest in the Aspen Club Condominiums, and each subsequent purchaser of such Fractional Interest shall be obligated to pay to the City of Aspen a Fractional Interest Assessment in the amount of 0.25 percent of the Actual Cash Consideration paid for the Fractional Interest. This Assessment shall sunset on January 11, 2035. Said Fractional Interest Assessment shall be due and payable by the purchaser at the 2 3 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 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. (b) All ACC 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 3.21(d) above that cease for any reason to be carried out by the Club. (c) 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 ACS. 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. (d) The above-described Fractional Interest Assessment represents an entirely voluntary commitment on the part of ACS, and is intended as an additional community benefit associated with the Aspen Club & Spa Subdivision/PUD/SPA. 3.25 Reporting Requirements. ACS shall be subject to a number of reporting requirements, as identified 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 3.13 above. • An audit and report of programming elements, including, but not be limited to those outlined in Section 3.21(a), Club Reinvestment. 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 3.4 above (Energy Commitment). 24 3.26 Condominium Map. Upon substantial completion of construction of the Project, ACS shall submit a Condominium Map to the Community Development Director for review and approval. The purpose of the Condominium Map will be to submit Lots 15-13, 15-C and 15-D and the Townhouse Units and Club Units constructed thereon to a single condominium regime (the "Condominium"). Lots 15-A and 15-E will not be part of the Condominium. The Condominium Map, the Declaration, and a Timeshare Disclosure Statement shall be recorded prior to the issuance of a Certificate of Occupancy for the Project, which documents shall meet all requirements outlined in Section 26.480.090 of the Land Use Regulations in effect on September 17, 2007, which provisions are attached hereto as Exhibit J and made a part hereof by this reference. The Condominium Map shall be reviewed under the applicable provisions of the City's Land Use Regulations in effect on September 17, 2007, which provisions are attached hereto as Exhibit J. The condo miniumization described above shall be accomplished prior to the closing of the sale of any timeshare interest in the Condominium. 3.27 Material Representations. All material representations and commitments made by ACS in connection with the Project development approvals contained or referenced herein, whether made in public hearings or in documentation presented before the Aspen Planning and Zoning Commission or the Aspen City Council, are hereby expressly incorporated in said Project development approvals and such representations and commitments shall be complied with by ACS as if fully set forth herein, unless amended by an authorized entity. Without limiting the generality of the foregoing, the following representations have been made by ACS: (a) ACS 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; (b) Memberships in the Club shall continue to be made available to the general public and to Fractional Interest Owners in the Aspen Club Condominiums for so long as the timeshare condominium form of ownership remains an approved use of the Property. (c) The Declaration of Condominium for Aspen Club Condominiums shall expressly 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 and agreed that in the event the timeshare condominium approvals set forth in this Subdivision/PUD/SPA Agreement shall be vacated in future with the consent of the City, representations (a) through (c) above shall be considered vacated as well. 25 ARTICLE IV A. PUBLIC IMPROVEMENTS 4.1 Prior to the issuance of a Certificate of Occupancy or a Conditional Certificate of Occupancy for the Project, ACS shall accomplish certain public improvements, all as depicted and described on the Final PUD/SPA Development Plan and other related documents that are attached to or recorded concurrently with the Amended Plat, including without limitation: (a) The affordable housing described in Section 3.1(g) herein; - - - - (b) The energy commitment set forth in Section 3.4 (a-e) herein; (c) The Ute Avenue improvements set forth at Section 3.5 herein; (d) The utilities/water requirements set forth at Section 3.6 herein; (e) The sanitation district requirements set forth at Section 3.7 herein; (f) The stream margin, footpath, and tree protection plans described in Section 3.12 (i), 0) and (k) herein; and (g) The Club Reinvestment obligation set forth in Section 3.21(a) herein. 4.2 Cost estimates (together with the detailed plans) and a construction schedule for the above-described public improvements shall be submitted by ACS to the City Engineering Department for review and approval at the time ACS files its application for an excavation/foundation permit or for an access and infrastructure permit, whichever is earlier, and any applicable right-of-way permits and licenses shall be obtained. 4.3 ACS shall complete the landscaping of the Property in accordance with the Landscape Plan no later than six (6) months following the issuance of a Certificate of Occupancy for the Project. ACS shall be responsible for ensuring the success of all landscaping installed pursuant to the Landscape Plan for a period of 2 years following the date of installation, and shall replace any landscaping that fails during such 2 year period. ACS or its successors or assigns shall have the right to plant additional native vegetation within the Aspen Club & Spa Subdivision/PUD/SPA, as it may consider appropriate from time to time, without further approvals being required. 4.4 A cost estimate for the landscaping of the Property in accordance with the Landscape Plan shall be submitted to the City Engineering Department for review and approval at the time ACS files its application for an excavation/foundation permit or for an access and infrastructure permit, whichever is earlier. B. FINANCIAL ASSURANCES 26 (a) Before the issuance of a Building Permit for the Project, ACS shall provide to the Community Development Director and the City Attorney for their review and approval, not to be unreasonably withheld, satisfactory evidence that ACS has in place sufficient financing to accomplish and complete the construction of the Project, including all public improvements required by Article IV(A) above and covered by the requested Building Permit, all public improvements required under this Subdivision/PUD/SPA Agreement, and the Aspen Club & Spa upgrades described in Section 3.23(a) above. Such financing may include, without limitation, a construction loan from an institutional lender or lenders and equity capital investments from ACS and/or third party investors. (b) Supporting cost estimates for improvements covered by the requested Building Permit shall be prepared by ACS's General Contractor and shall be delivered to the City Building Department for review and approval before the Building Permit is issued. (c) Before the issuance of a Building Permit for the Project, and as a condition of such issuance, ACS shall deposit with Pitkin County Title, Inc. ("Escrow Agent") the sum of$200,000 in cash or wired funds (the "Site Enhancement Escrow Funds") pursuant to an Escrow Agreement and Instructions made and entered into between ACS and the Escrow Agent, which shall provide as follows: (i) In the event construction work on the development of the Project shall cease for one hundred twenty (120) days or longer prior to a final inspection by the City of the work authorized by a Foundation/Structural Frame Permit ("F/SFP") on such Property, then the City in its discretion may draw upon the Site Enhancement Escrow Funds from time to time as needed for the purposes of improving the appearance of any construction work already completed, and for the installing of any public improvements on or adjacent to the Project as specified in Article IV(A) above. (ii) The City shall have sole discretion with respect to the manner of improving the appearance of construction work in progress as well as in determining the public improvements to be installed. (iii) The Site Enhancement Escrow Funds or any remaining balance thereof shall be returned to ACS upon completion by the City of a final inspection of the work authorized by the F/SFP for the Project, or when otherwise agreed to by ACS and the City. (iv) The City shall be named as a third party beneficiary of the Escrow Agreement with the express right and authority to enforce the same from time to time in accordance with the tenor and terms thereof. (d) Pursuant to Section 26.480.070.D. of the Land Use Regulations in effect on September 17, 2007, at the time the first Building Permit is issued for the Project, ACS shall obtain and provide to the City a bond or letter of credit (or other financial 27 security reasonably acceptable to the Community Development Director) for the estimated cost of the public improvements described in Article IV(A) above, based upon the cost estimates to be provided pursuant to (b) above. As portions of the public improvements are completed, the City shall provide releases in accordance with Section 26.480.050D. (e) Site Protection Fund. Before the issuance of a Building Permit for the Project, ACS shall deposit with Pitkin County Title, Inc. ("Escrow Agent") the sum of $100,000 in the form of cash or wired funds (the "Escrow Funds") and will execute an Escrow Agreement and Instructions with the Escrow Agent which recites as follows: In the event construction work on the Project shall cease for sixty (60) days or longer (work stoppage) without a cure for such work stoppage after fifteen (15) days notice by the City and such work stoppage not being a result of any event of force majeure, 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 ACS 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 party to the Escrow Agreement with the express right and authority to enforce the same from time to time. It is the express understanding of the parties that compliance with the procedure set forth in Article V below pertaining to the procedure for default and amendment of this Subdivision/PUD/SPA Agreement shall be required with respect to the enforcement and implementation of these financial assurances and guarantees to be provided by ACS as set forth above. ARTICLE V NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS In the event that the City determines that ACS is not acting in substantial compliance with the terms of this Subdivision/PUD/SPA Agreement, the City shall notify ACS in writing specifying the alleged non-compliance and asking that ACS remedy the alleged non-compliance within such reasonable time as the City may determine, but not less than 30 days. If the City determines that ACS has not complied within such time, the City may issue and serve upon ACS a written order specifying the alleged non-compliance and requiring ACS to remedy the same within thirty (30) days. Within twenty (20) days of the receipt of such order, ACS may file with the City Engineering Department either a notice advising the City that it is in compliance or a written request to determine any one or both of the following matters: 28 (a) Whether the alleged non-compliance exists or did exist, or (b) Whether a variance, extension of time or amendment to this Subdivision/PUD/SPA Agreement should be granted with respect to any such non- compliance which is determined to exist. Upon the receipt of such request, the City shall promptly schedule a meeting of the parties to consider the matters set forth in the order of non-compliance. The meeting of the parties shall be convened and conducted pursuant to the procedures normally established by the City. If the City determines that a non-compliance exists which has not been remedied, it may issue such orders as may be appropriate, including the imposition of daily fines until such non-compliance has been remedied, the withholding of permits and/or certificate of occupancy, as applicable; provided, however, no order shall terminate any land use approval. The City may also grant such variances, extensions of time or amendments to this Subdivision/PUD/SPA Agreement as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City shall not unreasonably refuse to extend the time periods for performance hereunder if SPA demonstrates that the reasons for the delay(s) which necessitate said extension(s) result from acts of God or other events beyond the reasonable control of ACS, despite good faith efforts on its part to perform in a timely manner. ARTICLE VI PRIOR INSTRUMENTS AND APPROVALS 6.1 The Subdivision and Planned Unit Development Agreement for Callahan Subdivision recorded May 19, 1976 in Book 312 at Page 110, as modified by Notice recorded April 29, 1977 in Book 328 at Page 79, and as further modified by Amendment to Subdivision and Planned Unit Development Agreement Callahan Subdivision recorded November 1, 1996 as Reception No. 398668 and rerecorded March 31, 1997 as Reception No. 402937, and as further modified by unrecorded Insubstantial PUD Amendment executed by the Community Development Director on March 17, 2004, shall be amended as appropriate so as to be consistent with the Approvals referenced in Section 2.1 above. 6.2 The Amended Plat and Development Plan of Callahan Subdivision recorded May 19, 1976 in Plat Book 5 at Page 7, as amended by Amended Plat recorded August 17, 1977 in Plat Book 6 at Page 16, and as amended by Amendment recorded November 1, 1996 in Plat Book 40 at Page 81, shall be deemed further amended by the matters shown on the Amended Plat of Lot 15, Callahan Subdivision. 6.3 Aspen City Council Ordinance No. 20, Series of 1996, approving an amendment to the Callahan Subdivision PUD Agreement for Lots 14A and 15, shall be vacated and superseded in its entirety by Ordinance No. 2 (Series of 2010). 29 ARTICLE VII GENERAL PROVISIONS 7.1 The provisions hereof shall be binding upon and inure to the benefit of ACS and City and their respective successors and assigns. 7.2 This Subdivision/PUD/SPA Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. 7.3 If any of the provisions of this Subdivision/PUD/SPA Agreement or any paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstance is invalidated, such invalidity shall not affect the validity of the remainder of this Subdivision/PUD/SPA Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. 7.4 This Subdivision/PUD/SPA Agreement and the exhibits attached hereto contain the entire understanding between the parties hereto with respect to the transactions contemplated hereunder. ACS, its successors or assigns, may, on its own initiative, petition the City Council for an amendment to this Subdivision/PUD/SPA Agreement or for an extension of one or more of the time periods required for performance hereunder. The City Council shall not unreasonably deny such petition for amendment or extension after considering all appropriate circumstances. Any such amendments or extensions of time shall only become effective upon the execution by all parties hereto that are affected by the proposed amendment. If an amendment is proposed that relates to the Club building and/or the operation or use thereof, and which has no material adverse effect on the rights of Condominium Unit (or Fractional Interest) Owners, no consent to such amendment shall be required from said Condominium Unit (or Fractional Interest) Owners. 7.5 Numerical and title headings contained in this Subdivision/PUD/SPA Agreement are for convenience only, and shall not be deemed determinative of the substance contained herein. As used herein, where the context requires, the use of the singular shall include the plural and the use of any gender shall include all genders. 7.6 Upon execution of this Subdivision/PUD/SPA Agreement by all parties hereto, City agrees to approve and execute the Final Plat and to approve the Final PUD/SPA Development Plan and to accept the same for recordation in the Office of the Clerk and Recorder of Pitkin County, Colorado, upon payment of the recordation fees by ACS. 7.7 Notices to be given to the parties to this Subdivision/PUD/SPA Agreement shall be considered to be given if hand delivered or if deposited in the United States Mail to the parties by certified mail, return receipt requested, or when sent via facsimile transmission, at the addresses indicated below, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: 30 CITY: City of Aspen City Manager 130 South Galena Street Aspen, CO 81611 (Fax No. 970-920- ) ACS: Aspen Club & Spa, LLC Attention: Michael Fox, Manager 1450 Crystal Lake Road Aspen, CO 81611 (Fax No. 970-925- ) 7.8 This Subdivision/PUD/SPA Agreement may be executed in counterparts, in which case all such counterparts together shall constitute one and the same instrument which is binding on all of the parties thereto, notwithstanding that all of the parties are not signatory to the original or the same counterpart. Facsimile signatures shall be treated as original signatures hereon. 7.9 The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden the Property and any and all owners thereof or interests therein, their respective successors, grantees or assigns, and further shall inure to the benefit of and be specifically enforceable by or against the parties hereto, their respective successors, grantees or assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. CITY: CITY OF ASPEN, COLORADO, a Colorado municipal corporation By: Steve Skadron, Mayor Attest: Kathryn S. Koch, City Clerk APPROVED AS TO FORM: James True, City Attorney 31 ACS: ASPEN CLUB & SPA, LLC, a Colorado limited liability company By: Michael Fox, Manager STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of 2014, by Steve Skadron as Mayor and Kathryn S. Koch as City Clerk of the City of Aspen, Colorado, a municipal corporation. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of _, 2014, by Michael Fox as Manager of Aspen Club & Spa, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: Notary Public 3188793_16 32 -, EXHIBIT EXHIBIT "A" LEGAL DESCRIPTION PARCEL A.- LOT 15, CALLAHAN SUBDIVISION, according to the maps thereof recorded May 19,-1976 in Plat Book 5 at Page 7, August 17, 1977 in Plat Book 6 at Page 16. PARCEL B: A pedestrian access easement through Lot 14, Callahan Subdivision and part of Crystal Circle within the Callahan Subdivision, City of Aspen, Colorado being 12 feet in width, lying westerly of and abutting the following described line: Beginning at a point on the Southerly line of Lot 14, Callahan Subdivision whence the Southwest corner of said Lot 14, Callahan Subdivision bears N 88025'W 199.49 feet; thence N 07039'W 125.28 feet; thence N 13°15' E 69.49 feet to a point on the South line of Lot 14-A, Callahan Subdivision, as set forth in Deed of Access Easement recorded January 11, 1985 in Book 479 at Page 661. PARCEL C: A right of access and,vehicular access described as follows: a 24 foot wide private road adjacent to the most northerly point of Lot 14, being the road that circles Lot 14A, Callahan Subdivision;thence following said private road Easterly through Centennial Circle to Crystal Lake Road, and Northeasterly along the Westerly arm of said Crystal Lake Road to Colorado State Highway No. 82 as shown on the Final Plat and Development plan of the Callahan Subdivision, recorded 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 twenty-four(24) feet in width along and within the northerly boundary of Lot 5, Stillwater Ranch Subdivision and adjacent at all points to the southerly boundary of Lot 15, Callahan Subdivision, 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: A non-exclusive easement and right-of-way over, upon, across and under the portion of neighboring Lot 5, Stillwater Ranch Subdivision, depicted and described as the Easement Area on the drawing attached as Exhibit A to that certain Easement Agreement recorded July 23, 2012 as Reception No. 590784, for the construction, installation, maintenance, repair, replacement, relocation, operation, use and enjoyment of certain Infrastructure Improvements described in the Easement Agreement for the benefit of Lot 15, Callahan Subdivision, and for purposes of vehicular and pedestrian ingress, egress and travel between Ute Avenue and Lot 15, Callahan Subdivision for the access uses permitted by the Easement Agreement. EXHIBIT - -- - - - - - - - - - - - - - - - - w 1 " 1 Figure 1: Shared Driveway Easement D. Measuring Floor Area. In measuring floor areas for floor area ratio and allowable floor area, the following applies: 1. General. Floor area shall be attributed to the lot or parcel upon which it is developed. In measuring a building for the purposes of calculating floor area ratio and allowable floor area, there shall be included all areas within the surrounding exterior walls of the building or portion thereof. When measuring from the exterior walls, the measurement shall be taken from the exterior face of framing, exterior face of structural block, exterior face of straw bale, or similar exterior surface of the nominal structure excluding sheathing, vapor barrier, weatherproofing membrane, exterior-mounted insulation systems, and excluding all exterior veneer and surface treatments such as stone, stucco, bricks, shingles, clapboards or other similar exterior veneer treatments. (Also, see setbacks.) UO TSIDE INSIDE Window Exterior Face Property of Framing Line Window Sill r- Wood Veneer �--~ Framing Stone Veneer Setback measured to —' Floor Area Measured to Face of Framing edge of veneer Figure 2: Measuring to Face of Framing City of Aspen Land Use Code Part 500—Miscellaneous Regulations Page 4 2. Vertical circulation. When calculating vertical circulation, the circulation element shall be counted as follows: a) For stairs and elevators, the area of the feature shall be projected down and counted on the lower of the two levels connected by the element and not counted as Floor Area on the top-most interior floor served by the element. b) When a stairway or elevator connects multiple levels, the area of the feature shall be counted on all levels as if it were a solid floor except that the area of the feature shall not be counted as Floor Area on the top-most interior level served by the element. c) Mechanical aria overrun areas above the top-most stop of an elevator shall not be counted as Floor Area. Areas below the lowest stop of an elevator shall not be counted as Floor Area. 3. Attic Space. Unfinished and uninhabitable space between the ceiling joists and roof rafters of a structure which is either inaccessible or accessible only as a matter of necessity is exempt from the calculation of Floor Area Ratio and allowable Floor Area. If the space is conveniently accessible and is either habitable or can be made habitable it shall be counted in the calculation of Floor Area Ratio and allowable Floor Area. Examples: a) An area created above a"hung" or"false" ceiling is exempt. b) An area accessible only through an exterior access panel or crawl space is exempt. c) An area accessible only through an interior pull-down access ladder is exempt. d) A sleeping loft accessible via a stairway or a ladder is counted. e) An unfinished space which has convenient access is counted. If any portion of the attic level of a structure is to be counted, then the entire level shall be included in the calculation of Floor Area Ratio and allowable Floor Area regardless of other practical limitations to routine use. Areas of an attic level with thirty(30) vertical inches or less between the finished floor level and the finished ceiling shall be exempt, regardless of how that space is accessed or used Area of floor that does ^ not count r 'f 0" i1 1 ' ' f i Figure 3: Thirty inch height exemption City of Aspen Land Use Code Part 500—Miscellaneous Regulations Page 5 4. Decks, Balconies, Loggias, Gazebos, Exterior Stairways and non-Street-facing-porches. The - calculation of the Floor Area of a building or a portion thereof shall not include decks, balconies, exterior stairways, non.Street-facing porches, gazebos and similar features,unless the area of these features is greater than fifteen percent(15%) of the maximum allowable floor area for the property and the use and density proposed. If the area of these features exceeds fifteen percent (15%) of the property's maximum allowable Floor Area(for that use and density proposed) only the areas in excess of the fifteen percent(15%) shall be attributed towards the allowable Floor Area for the property. The area of these features shall be the maximum footprint of the feature including railings, fixed seating, fixed planter boxes, overhangs, and similar structural components of the feature. Unenclosed areas beneath Decks, Balconies, and exterior stairways shall be exempt from Floor Area calculations unless that area is used as a carport. (See provisions for garages and carports, Subsection 7.) Enclosed and unconditioned areas beneath Porches, Gazebos, and Decks or Balconies when those elements have a finished floor level within thirty (30) inches of the surrounding finished grade shall be exempt from Floor Area calculations regardless of how that area is used. 5. Front Porches. Porches on Street-facing farade(s) of a structure developed within thirty (30) inches of the finished ground level shall not be counted towards allowable Floor Area. Otherwise, these elements shall be attributed to Floor Area as a Deck. 7- F Area of porch F not exempt S IRA C 'K. tr � e LL 'f e J� E yc F t d � Exempt area of porch a P 5 . f,fin 6. Patios and Landscape Terraces. Patios and Landscape Terraces developed at finished grade shall not be counted towards allowable Floor Area. These features may be covered by roof overhangs or similar architectural projections of up to thirty (30) inches and remain exempt from Floor Area calculations. City of Aspen Land Use Code Part 500—Miscellaneous Regulations Page 6 7. Garages and carports. For all multi-family and mixed-use buildings or parcels containing residential units, 250 square feet of the garage or carport area shall be excluded from the calculation of floor area per residence on the parcel. All garage and carport area in excess of 250 square feet per residence shall be attributed towards Floor Area and Floor Area Ratio with no exclusion. Garage and carport areas for properties containing no residential units shall be attributed towards Floor Area and Floor Area Ratio with no exclusion. In the R-15B Zone District, garage and carport areas shall be excluded from the calculation of Floor Area up to a maximum exemption of five-hundred-square-foot total for the parcel. In zone districts other than the R-15B Zone District, properties containing solely a Single- Family, two single-family residences, or a Duplex, the garage and carport area shall be excluded from the calculation of Floor Area as follows: Table 26.575.020-2 Size of Garage or Carport Area excluded per primary dwelling unit (not including Accessory Dwelling Units or Carriage Houses) First 0 to 250 square feet 100% of the area Next 251 to 500 square feet 50% of the area Areas above 500 square feet No area excluded. For any property abutting an alley or private road entering at the rear or side of the property, the garage or carport area shall only be excluded from floor area calculations as described above if the garage or carport is accessed from said alley or road. If an alley or private road does exist and is not utilized for garage or carport access, the garage or carport area shall be attributed towards Floor Area calculations with no exclusion. If an alley or private road does not abut the property, the garage or carport area shall be excluded from floor area calculations as described above. 8. Subgrade areas. Subgrade or partially subgrade levels of a structure are included in the calculation of Floor Area based on the portion of the level exposed above grade. The percentage of the gross area of a partially subgrade level to be counted as Floor Area shall be the surface area of the exterior walls exposed above the lower of natural and finished grade divided by the total exterior wall area of that level. Subgrade stories with no exposed exterior surface wall area shall be excluded from floor area calculations. Example: If a the walls of a 2,000 square foot level are forty percent (40%) exposed above the lower of natural or finished grade then forty percent (40%) of that level, 800 square feet is counted as Floor Area. City of Aspen Land Use Code Part 500—Miscellaneous Regulations Page 7 a � � !% w Window Well Exposed - Percentage of exterior wall that's exposed equals Area below more restrictive grade L-711 the amount of subgrade area that will count towards floor area calculation Figure 4: Determining the amount of a subgrade floor to be counted as Floor Area For the purposes of this section, the exterior wall area to be measured shall be the interior wall area projected outward and shall not include exterior wall areas adjacent to foundation or floors of the structure. _ Floor Structure Area of wall to be usedfor subgrade calculation. Fauadatiorr sadFioorBtrocture FouadationFootar Figure 5:Measuring the Area of a Subgrade Wall When considering multi-level subgrade spaces, adjacent interior spaces shall be considered on the same story if the vertical separation between the ceilings of the spaces is less than 50% of the distance between the floor and ceiling of either space. City of Aspen Land Use Code Part 500—Miscellaneous Regulations Page 8 i e t A c Stairs Space A and B are on the same level, while Space A and C are on different levels. Figure 6: Determining different building When a partially subgrade space also contains a vaulted ceiling within a pitched roof, the wall area shall include the area within the gable of the roof. Area counts towards wall calculation rye � 7" <t 4 •:�-'' air Y�K � �5���x+� x ��x,, Figure 7: Pitched roof with subgrade calculation For garages that are part of a subgrade area, the garage exemption is taken from the total gross below-grade area prior to calculating the subgrade exemption. For example, a 2,000 square foot story containing a 350 square foot garage which is 40% above grade, the calculation shall be as follows: Garage exemption—the first 250 square feet is exempt and the next 100 square feet counts — 50% or 50 square feet= 300 square feet of the garage which is exempt. City of Aspen Land Use Code Part 500—Miscellaneous Regulations Page 9 Subgrade exemption — 2,000 gross square feet minus 300 square feet of exempt garage -- space = 1,700 gross square feet multiplied by 40% = 680 square feet of that level which counts towards allowable Floor Area. 9. Accessory Dwelling Units and Carriage Houses. An accessory dwelling unit or carriage house shall be calculated and attributed to the allowable floor area for a parcel with the same inclusions and exclusions for calculating floor area as defined in this Section. 10. Permanently Affordable Accessory Dwelling Units and Carriage Houses One hundred percent (100%) of the area of an Accessory Dwelling Unit or Carriage House which is detached from the primary residence and deed-restricted as a "for sale" affordable housing unit and transferred to a qualified purchaser in accordance with the Aspen/Pitkin County Housing Authority Guidelines, as amended, shall be excluded from the calculation of floor area, up to a maximum exemption of one thousand two hundred (1,200) square feet per parcel. In addition, the allowable floor area of a parcel containing such a permanently affordable Accessory Dwelling Unit or Carnage House shall be increased in an amount equal to fifty percent (50%) of the floor area of the Accessory Dwelling Unit or Carriage House, up to a maximum bonus of six hundred(600) square feet per parcel. 11. Sheds, Storage Areas, and similar Accessory Structures Sheds, storage areas, greenhouses, and similar uninhabitable accessory structures, not within a garage, are exempt from floor area limitations up to a maximum exemption of thirty-two (32) square feet per residence. Storage areas within a garage shall be treated as garage space eligible for the garage exemption only. Accessory structures thirty-six inches or less in height, as measured from finished grade, shall be exempt from Floor Area calculations (also see setback limitations). Accessory structures larger than thirty-two square feet per primary residence and more than thirty-six inches in height shall be included in their entirety in the calculation of Floor Area. Properties which do not contain residential units are not eligible for this Floor Area exemption. 12. Historic Sheds and Outbuildings. The Community Development Director may provide a parcel containing an uninhabitable and limited function historic shed, outbuilding, or similar historic artifact with a Floor Area exemption to accommodate the preservation of the historic resource. The shed or outbuilding must be considered a contributing historic resource of the property. Functional outbuildings, such as garages, art studios, home offices, and the like shall not be eligible for an exemption. The Director may consult the Historic Preservation Commission prior to making a determination. The Director may require the property's potential to receive Floor Area bonuses be reduced to account for the structure. The exemption shall be by issuance of a recordable administrative determination and shall be revocable if the artifact is removed from the property. 13. Wildlife-Resistant Trash and Recycling Enclosures. Wildlife-resistant trash and recycling enclosures located in residential zone districts are exempt from floor area requirements of the zone district regulations if the enclosure is the minimum reasonably necessary to enclose the trash receptacles in both height and footprint, is an unconditioned space not located inside other structures on the property, and serves no other purpose such as storage, garage space, or other purposes unrelated to protecting wildlife. Wildlife-resistant dumpster enclosures City of Aspen Land Use Code Part 500—Miscellaneous Regulations Page 10 located in commercial, mixed-use, or lodging zone districts are not exempt from floor area requirements and shall comply with zone district requirements for Utility/Trash/Recycle areas. Enclosures shall be located adjacent to the alley if an alley borders the property and shall not be located in a public right-of-way. Unless otherwise approved by the Historic Preservation Commission, enclosures shall not abut or be attached to an historic structure. Enclosures may abut other non-historic structures. 14. Allocation of Non-Unit Space in a mixed-use building. In order to determine the total floor area of individual uses in a mixed-use building, the total floor area for non-unit space, which is common to all uses on the property, shall be allocated on a proportionate basis of the use categories outlined in the subject zone district's FAR schedule. The building's gross floor area, minus all non-unit space, shall be divided proportionately amongst the individual use categories in a building. These numbers shall then be calculated as a percent of the gross floor area number that does not include the non-unit space. A proportionate share of the non- unit floor area shall then be allocated towards each use category. This provision shall apply to all zone districts permitting mixed-use buildings. For instance, if a building was comprised of the following square footages: 2,000 sq. ft. commercial floor area + 4,000 sq. ft. free-market residential floor area + 2,000 sq. ft. affordable housing floor area + 1.000 sa. ft. nonunit floor area 9,000 sq. ft. total floor area Then the total unit floor area in the building would be eight thousand (8,000) square feet floor area. Using the allocation of nonunit space standard, the uses account for the following percentages of the total unit floor area: Commercial floor area=25% Free-market residential floor area= 50% Affordable housing floor area= 25% Therefore, the one thousand (1,000) square feet of non-unit space is allocated to the different uses as follows: Commercial floor area=25% x 1,000 sq. ft. =250 sq. ft. Free-market residential floor area= 50% x 1,000 sq. ft. = 500 sq. ft. Affordable housing floor area= 25% x 1,000 sq. ft. =250 sq. ft. When non-unit space is used exclusively by one use, the space shall be attributed to the floor area for that use. For example, if a lobby and elevator serve the free-market residential uses on the property, exclusively, then the area associated with the lobby and elevator shall be assigned to the floor area for free-market residential uses. 15. Airlocks. Permanently installed interior airlock spaces are exempt from the calculation of Floor Area Ratio and allowable Floor Area up to a maximum exemption of 100 square feet City of Aspen Land Use Code Part 500—Miscellaneous Regulations Page 11 per building. This exemption only applies to buildings containing non-residential uses and does not apply to single-family, duplex, or multi-family buildings. E. Measuring Setbacks. 1. General. Required setbacks shall be unoccupied and unobstructed within an area extending horizontally from the parcel boundary to the setback line and vertically above and below grade, excepting allowed projections as described below. Required setbacks shall be measured perpendicular from all points of the parcel boundary to the outmost exterior of a structure, including all exterior veneer such as brick, stone or other exterior treatments, but excluding allowed projections as further described in subsection E.5, below. Window Exterior Face of Framing Window Sill Wood Veneer �-- Framing Stone Veneer i - L�� Figure 8: Setback Measurement 2. Determining Front, Rear, and Side Yards. The front yard setback shall be measured from the front lot line. The Front Lot Line shall be the parcel boundary closest to or dividing a lot from a Street or street right-of-way. All parcels have a front lot line. There shall not be more than one front lot line. The rear yard setback shall be measured from the rear lot line. The Rear Lot Line shall be the parcel boundary opposite the front lot line. All parcels have a rear lot line. A parcel shall have only one rear lot line. Side yard setbacks shall be measured from the side lot lines. Side lot lines shall be those parcel boundaries other than a front or rear lot line. All parcels will have at least one side lot line and may have multiple side lot lines. City of Aspen Land Use Code Part 500—Miscellaneous Regulations Page 12 EXHIBIT a � Mobile home park. A parcel or area of land upon which two(2)or more mobile homes,occupied or intended to be occupied for a dwelling, are located for any period of time, regardless of whether or not a charge is made for such accommodations, and whether or not the mobile homes and/or land are owned by the occupants. Monopole: A wireless communication facility which consists of a monopolar structure,erected to support wireless telecommunication antennas and connecting appurtenances. Motel. Same as "Hotel." Neighborhood.The area adjacent to or surrounding existing or proposed development character- ized by common use or uses, density, style and age of structures and environmental characteristics. Neighborhood Cafe:A commercial eating and drinking establishment where food is prepared and served for consumption on or off premises,limited to no more than 1,500 net leasable square feet and no limitation on outdoor seating and which may provide music or other performances and entertain- ment incidental to the primary use. Neighborhood Commercial Uses:Commercial establishments engaged in the selling or renting of consumer goods and merchandise to the general public and the rendering of services incidental to the sale or rental of such products. Neighborhood Commercial shall include Retail Uses(with the excep- tion of Restaurants and Nightclub and Bar), post office branch, Artist Studio, Commercial Kitchen, Bakery,Food Market,Neighborhood Cafd,broadcasting facility,movie theaters,and the sale or rental of Motorcycles, Motor-drive cycles, and Motorized bicycles as defined by Section 42-1-102 C.R.S, non-motorized vehicles such as bicycles,clothing,sporting goods,jewelry,books,videos,prescription drugs, liquor, hardware, furniture, and art, and similar uses and activities. Net leasable commercial and office space.Those areas within a commercial or office building which are, or which are designed to be, leased to a tenant and occupied for commercial or office pur- poses, exclusive of any area including, but not necessarily limited to, areas dedicated to bathrooms, stairways,circulation corridors,mechanical areas and storage areas provided,however,that these areas are used solely by tenants on the site. Net livable area.The area available within a building for habitation and human activity measured from interior wall to interior wall,including interior partitions,and inclusive of,but not limited to,hab- itable basements and interior storage areas, closets, and laundry areas; but excluding uninhabitable basements, mechanical areas, exterior storage, stairwells, garages (attached or unattached), patios, decks, and porches. Nightclub and Bar: A commercial establishment engaged in the sale or dispensing of liquor by the drink for on-site consumption in which the preparation and serving of food may be available and where music, dancing or other entertainment may be provided or conducted. City of Aspen Land Use Code. August, 2007 Part 100,Page 24 EXHIBIT Aspen Club Living Conceptual Energy & Mechanical Systems Plan 1300 Ute Avenue Aspen,Colorado Resource Report prepared by: Engineering Zack Gustafson August Hasz P.E. Group, Inc. Resource Engineering Group,Inc. efficiency • sustainability • simplicity November 24,2008 Table of contents Section 1:Executive Summary Section 2: Conceptual System Description Section 3: Historical Data Breakdown Section 4:Energy Savings Plan Section 5: Final Development Energy Use Projections Section 1: Executive Summary Goal: The total energy use of the entire 1300 Ute Avenue site after the Aspen Club Living (ACL) development is complete will be equivalent to or less than the site's recent historic energy use. Summary: • Energy bills over the last three years average 18,600 million Btu/yr or 240 kBtu/sf yr for the existing 77,000 sf building.The high energy use per square foot of the existing site presents great opportunities for savings. • New development requires a complete HVAC retrofit for the existing building. Overall energy use for the existing building(including all site snowmelt)must be reduced to 15,900 million Btu/yr or less to meet the stated goal.The remaining 2,700 million Btu will be allocated to the planned 73,000 sf of additional residential space. • New development must be designed for 38 kBtu/sf yr or lower for fractional residential spaces and 34 kBtu/sf yr or lower for affordable housing spaces. • This energy goal is within reach.A 20%reduction in energy use of the existing site would free up enough energy annually to supply all new residential spaces on the site.The strategy for this reduction is addressed in Section 4. Page 1 Section 2: 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 auxilliary heat source for peak heating events. • One or two larger air handlers using hot water coils for heating and evaporative media for cooling will replace all of the existing air handlers in the main area of the existing building. • The lower level spa and massage rooms will be retrofitted with radiant hydronic ceiling panels for heating and Energy Recovery Ventilators (ERVs)for ventilation. • New fractional ownership 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. Townhouses: • New townhouses 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 Section 3: Historical Energy Use Breakdown Existing Site Energy Use -- 18,600 Million Btu/yr Snowmelt , e 0 Tennis bubble =, , heating - 7% Pool Heating 7 i 9 /o 2 Fn �� 4YUx ThF'2'''v�' � y Lighting & Plugs 19% 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. Page 3 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: Existing Club Space Heating The breakdown of the existing 20000 energy bills shows an average All energy uses energy use of 7,450 riillion 15000 •••..... :-j Savings Btu/yr of natural gas and 797 million Btu/yr of electricity to m 10000 Space heating & heat and cool the existing c 18,581 ------ cooling __•_ building.This represents 45% of = °k 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 All energy uses Btu/yr (1033 MWh/yr), or about 15000 ••••••• Savings ........- 19% of total yearly energy use. This can be reduced as part of m 10000 18,581 - Lighting&plugs •-•-••••- the renovation using lower c c wattage lighting and control 5000 •--•-- strategies that turn off lights and - •••••�--�•-•-••••-•�-� ii3- equipment when they are not in 3,523 2,810 use. A 20% reduction in lighting 0 -- --- and plug loads in the existing Total Site Existing Use Reduced Use building results in 713 million Energy Btu/yr, or an additional 4% savings in overall energy use. Page 4 DHW: Existing Club Domestic Hot Water The energy spent heating water 20000 for domestic use represents All energy uses 3,170 million Btu/yr or about 15000 18% of the total site energy.The savings majority of this is for laundry m DHw c 10000 18,581 ........ ......... and showers. Using GSHPs, we c can reduce energy use by 50%, which results in a savings of 5000 •••.........•.....•••- 1,670 million btus/yr or 9% of 5 ': _ the overall energy use. Solar 0 thermal panels were not Total Site Existing Use Reduced Use modeled,but could provide Energy additional energy savings.This technology would be especially appropriate given the year-round nature of DHW energy use in the club. Pool heating and ventilation: Existing Club Pool Heating The development plan includes 20000 a major renovation to the pool facility. A new building 15000 ... envelope and air handling 3 All energy uses system will greatly increase m 10000 .... . Pool heating indoor air quality and thermal C 18,581 l comfort in the space,but will s000 result in a small increase in pool energy use. Solar thermal panels 1,733 1,860 were not modeled,but could ° provide additional energy Total Site Existing Use Incresed Use Energy savings. Tennis bubble: Existing Club Tennis Bubble Discarding the tennis bubble 20000 and its heating system, as All energy uses planned,represents a 7% 15000 •....... ,Savings ......•.. savings. The bubble is a fairly simple structure with a m l0000 ---- iTennis bubble ......... straightforward heating system o 18,581 and is easily modeled. Our f s000 model predicts an average energy use of 1,224 million 1'327 1'327 Btu/yr of natural gas and 103 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-1.7 insulation value for the skin of the bubble. Page 5 Snowmelt: Existing Club Snowmelt The proposed area for snowmelt z0000 is 550% greater than the existing increasin the 15000 .--"---- g g � All energy uses energy used. We estimated the !Snowmelt increased use with calculations 10000 16F581' ."""""""" based on the Aspen-Pitkin Energy Code Code and historic f 5000 ----------------------------------•- snowfall data for the Aspen area. 581 t' � ik Total Site Existing Use Increased Use Energy Energy Savings Plan Summary: The above savings measures in addition to increased energy use for pool heating and snowmelt,yield a total energy savings of 6,370 million Btu/yr or 34% over recent historic energy use.This represents enough energy to supply the planned new development as well as a cushion to absorb small changes in construction design, and allow for variability in energy use patterns of club guests and residential tenants. Projected Site Energy Use 18,600 Million Btu/yr r Space heating & cooling 14% Snowmelt 180/0 v .—Lighting & Plugs 15% Tennis bubble heating -- " 0% Pool Heating 10% Page 6 I_, 1 Section 5: Final Development Energy Use New Energy Use 18,600 Million Btu/yr or less - Affordable housings ' 2% Townhouses 8% ' r /� J. P h r ry.C'�tBY."' A4�. �N� �'�✓l•"a y� ��•'*7J� Club units 3°/O -51,ri N r nir Fe yi i A '�,{1fWe`, ;sue r The energy use of the affordable housing units, townhouses, and club 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 townhouses 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 72,000 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 Lrne" v/' d . 6%_Property _ _____-- _____________ I I S/L bE'R L/NINC RANCH PARCEL - I AHU 1 \ +A ---_ - - ° aHU2 � \ / 3-EIF/wpCWE ti �. 1 _ ,. \ s 1 M1 / — \ 60'RIGHT-OF-WAY RADIUS PER S7IL1WATER RANCH \ PAGDYVISION/P.U.D.BOOK 35 \ PAGE 86 AHU 3 —��—� t\ I I I�I rO� \ .1 / O� J AHU 4 M G 4 1 .4• A~ I / `I. D vCP> T ' III 1 O � LEGEND enfrae mr Nmwwr WAY III 1 / PER STILLWATER �� � Y I"I fb51dG el1LR ww V _II I<0 RANCH 'f' fYdAN6'II'ee£R YAW I > / SU BDIVISIDN/P U Day�r —�..� /1ppW,fD T�-SICRU w¢uv cwE 1 I I BOOK 35 PAGE aG / ,Ili 1'' I / 1 - ��� rmcwEnrr eolwxer Service carmwr Yo/d 3 Service I 1 -�=,%y - - rmwosm ear arc-ar-sc Elev. .:8029 � �Lr ,� ,Ww wew eaw AAV wer - ® n�ewv 241 AW nD aT. tabbies' AueK cARncE I i r' / / ; Nnr; .,yH, GRAPHIC SCALE PARA B� '..I 1 1 / / �� �IitLWSPAfFR 511Bg GNIOG EN VAPCf 5 PRELIMINARY SCHMUESER GORDON MEYER NOT ew. t slreal,s Ile o Aspen Club and S a e_ X (� 0 s.CoYyr 2p Ug75o7 P P CUL—DE—SAC //�� � FOR V C pen,Col.rado 7 `920-945-5946 uN. 6 CONSTRUCTION SCHMUESHR I CORDON I MEYER span,Ca lofad0(970)925-6727 Aspen, Colorado Improvements � �. ♦♦ Crested Butte.CO 19701 349-5355 P �x r yF F j}Jp hY k 3- NIP-"M ILI 1 1. t EXHIBIT Aspen Club & Spa PROPOSED TRAFFIC SAFETY TRANSPORTATION DEMAND MANAGEMENT TOOLS 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 worked with the City of Aspen Transportation Programs Manager,Lynn Rumbaugh 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. This will be a living,evolving program reinforcing the actions that work effectively and weeding out those measures that are not effective. Baseline conditions have been established via high season traffic counts at key locations in the vicinity, including Ute Avenue and the Club entrance. We understand that this process of creating a safer street is a continual work in progress. To manage this process, the Club will have a designated Transportation Coordinator who will manage all of these programs as a function of their job description. In addition, the Aspen Club will remain an active member of the Transportation Options Program with a designated transportation contact for the City. Envisioned Traffic Management Measures As stated above we believe we can create a traffic management plan that limits any growth in traffic on Ute Avenue due to this project. We would do this through a flexible set of tools used to reduce overall traffic. Through the insights of Mrs. Rumbaugh, we have developed a management plan that breaks down traffic by different groups of users of the Club. We would further propose that we implement our plan in phases starting with those things that potentially have both the greatest impact on traffic creation, are the easiest to implement and utilize existing resources as much as possible. Along with our management tools we will continue our seasonal monitoring program where we can track the impact of our program on actual traffic. The target groups break out as follows: • Employees Commuting to the Club • Employees Living On-Site in Aspen Club Affordable Housing 1 _ • Members of the Club • Guests of the Club • Aspen Club Living Owners The initial set of traffic management tools per group would be: Employees Commuting to the Club 1. Employees will be encouraged to carpool, shuttle or ride the bus to the Club. Employee parking will be limited to the Crystal Lake Parking lot. This will be enforced by the designated Transportation Coordinator. 2. The Aspen Club will provide reduce priced bus passes for employees to use RFTA.The Club currently subsidizes 50% of employees bus passes and we will continue to do so into the future. 3. 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. 4. The Aspen Club will organize carpools for employees who have to commute to the Aspen Club. We will prioritize matching employees with other Aspen Club employees, but if necessary,we will look outside of the company as well to create carpools. 5. Shared bicycles for employee to take trips to town will be available at the CIub. a. Initially,up to ten bicycles will be available. This will be increased if justified by demand. b. A check out / check in system such as using electronic ID card will be implemented for use. 6. The Aspen Club will create incentive plans for carpoolers, bikers, walkers and RFTA riders potentially consisting of gift cards,punch cards,prize drawings or end of season raffles. _ 2 7. The Aspen Club will provide shuttle service to and from the Club at regularly scheduled intervals. These would augment the Cross Town Shuttle services and serve Ruby Park and set points in town to make commuting easier for our employees. a. Shuttle vehicles will be reduced emissions or zero-emission. This service is envisioned to be provided from 7 AM to 9 PM every day during the peak summer and winter seasons. These hours may be increased or decreased depending on actual demand experience. During shoulder seasons and before 7 AM and after 9 PM,service will determined by demand so as not to be running an empty shuttle. A route and a schedule will be developed and coordinated with the City Transportation Department on an annual basis for the first three years of operation. -- b. Signs and other information identifying the routes and times will be posted at the Club,and,if permitted,at Ruby Park and in town. c. The shuttle service will look to coordinate pickups and drop offs at Ruby Park to coincide with RFTA bus arrival and departure times. d. Employees will be allowed to use the shuttle vehicles for errands they have in town. e. There will be no charge for the service. 8. 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. As we are planning to use the City's ERH program, we will work with them to set some limits on the extent of that use in terms of cost. Employees Living On-Site in Aspen Club Affordable Housing 1. Preference for access to On-Site Affordable Housing would be given to employees who agree not to park a car at the Aspen Club. Move-in packets will provide information on all alternative transportation programs provided in Aspen. 2. The Aspen Club will provide shuttle service to and from the Club at regularly scheduled intervals. These would serve Ruby Park and set points in town to make not having a car on-site easier for our employees who live on-site. The shuttle would also be available for on-call pickups and drop offs as it is today. a. Shuttle vehicles will be reduced emissions or zero-emission. b. This service is envisioned to be provided from 7 AM to 9 PM every day during the peak summer and winter seasons. These hours may be increased or decreased depending on actual demand experience. During shoulder seasons and before 7 AM and after 9 PM,service will be on-call. c. The shuttle will be available for errands such as grocery shopping trips into town. d. Signs and other information identifying the routes and times will be posted at the affordable housing units. e. Residents will be encouraged to use the Shuttle for errands they have in town. f. There will be no charge for the service. 3. Car sharing vehicle will be available, on-site, for employees living in affordable housing. a. We will work with Roaring Fork Valley Vehicles to have one car share car stationed at the Aspen Club for Aspen Club employee use. b. Employees living in the on-site affordable housing will have access to the car share program at the normal RFW rate scale. c. The vehicles will remain on-site overnight. d. Electronic ID cards or monitoring method then in place by RFW will be utilized. 4. Shared bicycles for employees to ride to town will be available at the Club. a. Initially,up to ten bicycles will be available. This will be increased if justified by demand. b. A check out / check in system such as using electronic ID card will be implemented for use. S. Arrangements will be made with a local car rental company for discounted car rentals. a. The Club will arrange for discounted car rentals for our employees who live on- site. 4 b. Employee living on-site will be able to use these vehicles to take trips outside of Aspen. c. Trips will be charged at the negotiated discounted car rental rates. Members of the Club 1. The Aspen Oub will provide shuttle service to and from the Club at regularly scheduled intervals. These would serve set points in town to make it easy for our members who live or work in town to take our shuttle. a. Shuttle vehicles will be reduced emissions or zero-emission. b. Information on this service will be provided in membership materials. c. This service is envisioned to be provided from 7 AM to 9 PM every day during the peak summer and winter seasons. These hours may be increased or decreased depending on actual demand experience. During shoulder seasons and before 7 AM and after 9 PM,service will be on-call. d. Signs and other information identifying the routes and times will be posted at the Club,and,if permitted,in town. e. The shuttle will be on call as well as having a set route. f. There will be no charge for the service. 2. 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 CIub. - 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. Guests of the Club 1. The Aspen Club will provide shuttle service to and from the Club for guests at regularly scheduled intervals. a. These would serve set points in town, as well as be on demand, to make it easy for our guest who are visiting town to take our shuttle. b. Shuttle vehicles will be reduced emissions or zero-emission. 5 c. Information on this service will be provided in guest materials. d. The Club will work with Hotel partners in town pick to up their guests in a timely manner. e. This service is envisioned to be provided from 7 AM to 9 PM every day during the peak summer and winter seasons. These hours may be increased or decreased depending on actual demand experience. During shoulder seasons and before 7 AM and after 9 PM,service will be on-call. f. Signs and other information identifying the routes and times will be posted at the Club,and,if permitted,in town. g. The shuttle will be on call as well as having a set route. h. There will be no charge for the service. 2. Most guests today arrive by hotel shuttles. The Aspen Club will continue to work with our hotel partners to make the Aspen Club shuttle services known and minimize shuttle trips to the Club while maximizing shuttle utilization. Owners and Guests 1. Aspen Club Shuttle service to and from the Airport will be provided for owners and guests. a. Information on this service will be provided in reservation materials and — recommended to all incoming owners and guests. Also included will be information on all alternative transportation programs provided in Aspen. b. Service will be at the airport at the scheduled arrival time. A phone request for service will not be required, but a cell-phone contact will be provided in case of schedule changes. c. Low-emission vehicles will be used. d. There will be no charge for this service. 2. The sales and reservations program will emphasize the overall philosophy of the project and our alternative transportation beliefs. 3. Electric vehicle will be available,on-site,for owners and guests staying at the Club. 6 a. We will start with two or three electric cars available at the Aspen Club. Depending on the utilization and popularity of this opportunity we may purchase additional cars. b. Owners and guests will have access to the car program on a simple first come first served basis. c. The vehicles will remain on-site overnight. d. Electronic ID cards or other monitoring methods will be utilized to track usage of the vehicles. 4. Shared bicycles for owners and guests to ride to town will be available at the Club. a. Initially,up to ten bicycles will be available. This will be increased if justified by demand. b. A check out / check in system such as using electronic ID card will be implemented for use. 5. Arrangements will be made with a local car rental company for discounted car rentals. a_ The Club will arrange for discounted car rentals for our owners and guests who want to take Ionger trips while they are in town. b. Owners and guests on-site will be able to use these vehicles to take trips outside of Aspen. c. Trips will be charged at negotiate discounted car rental rates. Phasing The above represents a comprehensive set of Traffic Demand Management tools. There are additional tools we can add to our Demand Management planning on an as needed basis depending on the results we are seeing in our Monitoring program below. Additional Traffic Demand Management tools might include: Additional Shuttle Service More aggressive internal advertising for Club's Transportation Options Better rewards program for employees and members who take alternative transportation to the Club 7 Additional Restrictions on Employees Driving to the Club Additional Restrictions on car ownership for residents in Club Affordable Housing, Paid Parking at the Club Monitoring Program The effectiveness of the program will be measured in several ways: 1. Vehicle counts have been performed at Ute Avenue and at the Club and will continue - twice a year during March and August starting for five years after the project is completed. Z. Survey of above target groups to ensure their knowledge of the programs. 3. Results will be summarized in Memorandum form complete with tabulations and charts so that year-to-year trends are readily apparent. 4. A Year in Review TDM technical report will be prepared by Club management. The report will identify overall conformity with trip reduction goals and suggest improvements that could achieve better compliance and intended success. This report will be shared with the City staff each year so that together we can address issues before a formal review. 5. If additional phases of traffic management tools are needed, we will phase them in over time. 6. Two years after completion of project, results will be submitted and reviewed by city staff. Should staff see the need for program improvements, City Council will be consulted. Another review will occur five years after completion of the project. _ 7. If all else fails, we will implement a shame and beratement program in which we will taunt and throw rotten eggs at drivers on Ute Avenue. Envisioned Ute Avenue Safety Plan 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: 8 1. SPEED HUMPS with CROSSWALKS - Three of these are shown on the schematic below: one at Aspen Alps, one at the Gant tennis courts 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 two most westerly speed humps, 2. SPEED HUMP without CROSSWALK - One is shown in the vicinity of the Cemetery. Its characteristics include: a. Smooth transition to and from a height about 3 inches above the existing pavement surface,with no flat crosswalk 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). 3. SPEED HUMP SUMMARY - Together this layout provides a speed hump about every 450 feet,with a bit longer spacing between the Gant tennis courts and the cemetery. 4. NEW SIDEWALK- The Aspen Club will install a new sidewalk to the south side of the Aspen Club. It is our understanding that the City is exploring the feasibility of putting a sidewalk on the south side of the Benedict Building that would connect to the Aspen Club Trail and to the Aspen Club. 9 Station(100 feet each) 10~ 11_ 12- 13- 14_ 15_ I6_ 17_ 18~ 19- 110- 111- I12- ORIGINAL Ute PI. / Parking Curb\ Parking �1 Ute Avenue > 4 Speed Humps with Crosswalk _♦ No Curb c � N N d N' Q Q C F -E Aspen Mtn S.Alps Ute Ct. M ci Road Road SCHEMATIC UTE AVENUE TRAFFIC CALMING --WEST HALF Station(100 feet each) 112~ 113- 114- 115- 116- 117- 118- 119- 120" 121- 122- 123- 124- 125-- 1 1 Existing Trail y 1 1 v ASPEN NEW v CLUB SIDEWALK m / Curb /No Curb m� �( I� PARKING Speed Hump > Ute Avenue q Speed Hump with Crosswalk O No Curb ' i♦ Ute Trail SCHEMATIC UTE AVENUE TRAFFIC CALMING -- EAST HALF NORTH Scale along Ute Ave.centerline Is approximate. Width of {gads is exaggerated. ms`s,. 7-Nov-05 EXHIBIT TDATransportation Consultants COLORADO 6TU -:-rF INC. October 29,2008 Michael Fox Aspen Club International 1450 Crystal Lake Road Aspen, CO 81611 Dear Michael, As agreed,we have summarized high summer season traffic count data that was collected over three consecutive days in August in the vicinity of the Aspen Club and Spa. This data, along with prior traffic counts from this past March during the Spring Break period and in August 2004, will help establish benchmarks for monitoring actual traffic changes associated with your planned addition of 32 dwelling units at the Club property. We have also estimated what level of Club traffic currently passes through the four key intersections that will be "gauging stations" for monitoring future changes associated with the Club development plan. - Key findings from the combined data collection efforts as further described below are: • Weekday traffic volume on Ute Avenue is about 70%higher than the weekend day average with Tuesday and Thursday being slightly higher than the other three weekdays. • Summer day 24-hour weekday traffic volumes on Ute Avenue are about 50% higher than the corresponding winter weekday volumes. Club and Spa daily traffic volume is slightly higher on Friday, as compared to mid week or weekend days. • Hourly traffic activity at the Club is highest and fairly uniform between LOAM and 1PM, and again between 3PM and 6PM for weekday and weekend. . As a."design day"for assessing future development traffic, a Thursday during August would represent a typical high traffic activity day for the surrounding neighborhood, when Club traffic is near its daily peak volume. • The 3:00 to 4:00 PM hour is the combined peak traffic hour for Ute Avenue and Club & Spa trips. During this hour, Club trips comprised about 29% of the 200 vehicles on Ute Avenue east of Original. • During the 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. • On a 24-hour basis, Club traffic using Ute Ave is about the same level as the volume attributed to Ute Place residences and the other abutting uses located between Ute Place and Original Street. 900E Louisiana Ave.suite 100•Denver,Colorado 80210-303825-7101•FAX:303.825.7108•TDA @tdocolorado.com Aspen Club&Spa Traffic Count October 29,2008 Page 2 • Just a few Club members/workers currently use the Crosstown bus route that runs along Ute Avenue. At the busiest intersection in the vicinity- Original Street/Cooper Avenue- Club & Spa trips represents about 8% of summer day total traffic in the AM peak hour and 5% in the higher overall volume PM peak hour. INTRODUCTION To augment and further identify peak traffic conditions in the vicinity of the Aspen Club & Spa, recent summer traffic counts were collected to compare with winter counts at nearby locations. Count locations and time periods were selected in concert with City engineering staff. By design, counts performed at the same locations during the same calendar week in future years will help identify changes associated with Aspen Club and Spa development traffic. Specifically, future counts will help document the degree of success in implementing the wide ranging Transportation Demand Management Plan that is being designed for your planned mixed-use expansion program. This report summarizes the new August 2008 summer counts and compares with available March 2008 winter counts, as well as the earlier August 2004 summer traffic counts performed at two intersections along South Original Street and the access drive to the Aspen Club & Spa. The March 2008 counts were collected during the high winter season of Spring Break while the August 2008 counts reflect high summer season conditions. Data were collected by the firm All Traffic Data Services. DATA COLLECTION 24-Hour Volume In March 2008, Ute Avenue east of Original was counted for seven consecutive days. All vehicles passing each location were recorded separately for each travel direction. This week- long count identified daily variations in Ute Avenue traffic volumes throughout a Spring Break week. Exhibit A illustrates the total and directional daily volumes for the full week. As is common in mountain resort towns,weekday volumes are higher than those on weekends. During the count week Tuesday and Thursday each exceed 1,500 vehicles per day. The average weeks total daily Exhibit A i Total Daily Traffic by Direction on Ute Avenue south of Original Street March 2008 1,600 m Southbound 1,400 � v e,Wrthbound 1,200 1,4`'\---- \\ -.._ ♦ — ♦ -- 1.000 u \\ > 800 -\:. �.f� �" \♦ g 600 400 f - ✓t' 'J `� .— 200 — ,J ,',— ✓ ,k- �'" ✓ J,+ '- 0 3/24/08 I 3125108 3126/08 3/27/08 3128/08 3129108 3/30108 Mon Tue Wed Thu Fn Sat Sun j li MA Colorado Aspen Club&Spa Traffic Count October 29,2008 Page 3 volume of 1,300 is about 70%higher than the weekend average of 800 vehicles per day. For comparison, CDOT data shows that SH 82,as it follows along Cooper Avenue,just southeast of Original St., carried 6,900 annual average daily vehicles in 2007. The August 2008 count was conducted in collaboration with City public works staff. Three days of continuous traffic volume data were collected at six locations. 24-hour count data were collected from midnight Thursday, 8/21 through midnight Saturday, 8/23. The six 24- hour count locations are listed here and identified in Figure 1: 1. on Ute Avenue east of Original Street 2. on Original Street south of Ute Avenue 3. on Aspen Club & Spa entrance north of Ute Avenue 4. on Ute Avenue east of Ute Place 5. on Crystal Lake Road west of SH 82 6. on Crystal Lake Road west of the X intersection Locations #1, #3, and#4 lie along Ute Avenue, the main road serving the Aspen Club & Spa. Locations #5 and#6 serve a parking area along the north side of the Roaring Fork River which connects to the Aspen Club & Spa via a footbridge over the river. Location #2 lies on an alternate route for vehicles heading out of town. Intersection Peak Hour Volumes Turning movement counts were recorded on Thursday, Friday, and Saturday, August 21-23, 2008, at four intersections along the usual travel path for vehicles accessing the Aspen Club & Spa. Two-hour counts were performed from 7:00 to 9:00 AM and 4:00 to 6:00 PM to determine the peak 60 minutes of traffic flow during the usual morning and evening peak periods. The four turning movement count locations, also identified on Figure 1, are: 7. Cooper Avenue at Original Street 8. Durant Avenue at Original Street 9. Cooper Avenue at West End 10. Durant Avenue at Spring Street Data were also collected at Locations #7 &#8 above during a Friday, Saturday, and Sunday in March, 2008 and a Wednesday& Thursday in August, 2004. Aspen Club Entrance Volume Video recordings collected count data at the Ute Ave. entrance to the Aspen Club & Spa on Friday, August 22nd for nine hours from 10:00 AM to 7:00 PM. This provides detailed information on turning movements made by vehicles, bikes and pedestrians into and out of the Aspen Club at both the main lot and side lot entrances. In addition, bus patronage was noted, counting riders on and off each bus arriving on the half hour. Secondary access to the Club is provided on the north side, via a pedestrian bridge over the Roaring Fork River. This bridge and trail connects to a designated Club parking lot along Crystal Lake Road, north of the river. A nine hour video count on Friday, August 22nd, from 10:OOAM to 7:OOPM, recorded pedestrian activity there as well. MA Colorado Aspen Club Fr Spa Traffic Count October 29,2008 Page 4 Main St. (SH 82) NORTH Not to Scale Hopkins Ave i i G _ -a. O : c cu cn r �' (D Hyman Avg '" w �_ m as ; r* cn . . Cooper Cooper hve City / Market Ruby Park Durant Ave Transit Dean Ave Dean Ave Waters Ave C'PW WPM Lake Rd �Lasco Ln ' parking I<� O =Turning Movement Count (5) Foot — =24-hr Directional Count (6) q�9 • • — • • �•;. Dath y , ❑ = Daylight Ped/Bike Count (1) J 4 s ,. ,. Figure 1 Traffic Monitoring Count Locations Aspen Club&Spa Lodging Development 3 Aspen,Colorado MA Colorado Aspen Club&Spa Traffic Count October 29,2008 page 5 DAILY VOLUME COMPARISONS A summary of the 24-hour summer count data along Ute Avenue, shown in Figure 2, affirms the common trend in resort towns that weekday volumes are higher than on weekends. Figure 2 illustrates daily volumes, for the three days of the count, at three of the count locations. Volume on Ute Place is calculated using data from Locations #1 &#4. During the count, Thursday represents the peak with nearly 2,200 vehicles per day on Ute Avenue just - east of Original Street. Friday volume on Ute Avenue is almost 90% of the peak Thursday volume, while Saturday volume is just 60% of the Thursday peak. Similar percentages are shown on Ute Avenue just east of Ute Place. Also noted here, while weekday daily vehicle volume to and from the Aspen Club is fairly consistent, Friday was marginally higher than Thursday, unlike traffic on the adjacent streets. Figure 2 Volume Profile August 2008 Daily Volume Comparison along Ute Ave&at Aspen Club Main Lot Entrance 2,500 — ---------- - ®L to Ave e/o Original St 2,000 2,172 1,932 ®Ute Ave e/o Ute PI H ®Aspen Club entrance 1,499 V 1,500 1 375 -- - 1,277 T 1.000 0 676 609 414 � 500 --- -- i 0 Thurs Fri Sat TDA Colorado Aspen Club&Spa Traffic Count October 29,2008 Page 6 Crystal Lake Road provides an alternate access to the Aspen Club & Spa site via SH 82. Vehicles can park at a designated Club parking lot along this road and walk across a footbridge over the Roaring Fork.River to the Club entrance. As shown in Figure 3, nearly 60% of the volume on this road is headed toward the parking area serving the Aspen Club. The remainder accesses residential areas along Crystal Lake Road. Again, Thursday volumes are highest with Friday at about 97% and Saturday at 60% near the highway and 40% closer to the river. Figure 3 Crystal Lake Road Total Daily Volumes 422 August 2008 III Thurs 410 0 Fri aoo 53 Sat i 300 m 239 248 245 m 200 ::.... t k�' 95 100 0 , Daily Volumes on Crystal Lake Road south of SH82 Lot Entrance Seasonal variations in traffic are depicted in Figure 4, comparing total daily volumes on Ute Avenue east of Original Avenue during the winter season in March and high summer season in August 2008. As shown, summer Thursday volumes are again higher than Friday or Saturday, with the Friday and Saturday proportions nearly the same in winter and summer. As is also common in mountain resort towns, summer volumes are again shown to be higher than winter volumes. The August Thursday total is 50% higher than during a Spring Break week in March, with similar percentage comparisons for Fridays and Saturdays. Figure 4 Ute Avenue Total Daily Volumes O Thurs M arch vs.August 2008 2,172 El Fri 1,932 2,000 - - _ ® Sat xt 1,452 z - _ - ` 1,500 1,235 ,:a 1,27T ° - x 872 x 1,000 0 on Ute Avenue east of Original Street March August high winter season high sunTner season MA Colorado Aspen Club&Spa Traffic Count _ October 29,2008 Page 7 Hourly volume entering the Aspen Club &Spa varies throughout the day. Figure 5 illustrates hourly total volume accessing the Club from Ute Ave,showing variations for Thursday,Friday and Saturday. Friday late morning exhibits the highest hour with a total of 67 vehicles in and out during the 9:00 to 10:00 AM period. Also shown are the peaking characteristics and how they vary by day of week. Each day has a mid-morning peak period from about 10 AM-Noon and a late afternoon peak from about 4-6 PM. Saturday afternoon volume drops off starts earlier than the weekday 6 PM drop off. Figure 5 .Total Volumes at Aspen Club Main Entrance No Ute Avenue August 2008 70 ---- - Thurs H 60 - - - -------- — Fri m Sat ----- - - 0 20 -- - -_. - --- --- - --- -- - ---- --- _ .- ----- 0 1 2 3 4 5 6 7 8 9 1011 12 13 14 15 16 17 18 19 20 21 22 23 24 Hour Ending INTERSECTION PEAK HOUR VOLUMES Figure 6 displays the Thursday AM and PM peak hour volumes for each turning movement at the four intersections counted. Total Thursday volumes are also shown at each of the six 24- hour locations. Turning movement counts are summarized every 15 minutes. The peak volume is defined as the highest total of four consecutive 15-minute volumes. The AM peak hour usually occurs between 7 and 9AM, while the PM peak hour occurs between 3:30 to 6:30PM. The highest turning volumes occur during the PM peak hour at the Original/Cooper intersection with 130 southbound left turns and 187 eastbound right turns. Both of these movements are links in the State Highway 82 designated route through the city. CLUB & SPA TOTAL DAILY TRAFFIC VOLUME As depicted in Figure 6, combining 610 daily Club vehicles on Ute Avenue with the 250 vehicles using Crystal Lake Road suggests a total of 860 vehicle trips attributed to the Club,& Spa on a typical summer weekday. MA Colorado Aspen Club&Spa Traffic Count October 29,2008 Page 8 N w `°,T'2 \\` Main St. (SH 82) c^noow .� NORTH 19(65) 81 187) ( Not to Scale 45(84)-�► 4--4-44(76) 8(29) 15(21) .�•'�� • 2(1) 2(2) * •a m ; 12 (228) --110- 133(2 7) I = in < 1 (7) r-.6(12)ID� 0') tom. � cn o o� \\'�" M o� N..^ N'. 3 G7 W^ '► " T ja Cooper Ave(SH 82) ° -\ 6,900 ................... city °�' K) = Market 9(78)--,+ 8(24) Durant 91 (99) x---67(77) Dean Ave Waters Ave ! �4' ILRd Ln �—Lasco parking C„ s ?9� � s � Foot path —�.p • ver river wrnA �feq �. , y, R, 19(52) t. 9(20) 70(54) f-- 34(24) 38(31) 5(9) h Figure 6 ;: +h Existing (Thursday 8/21/08) o� I AM (PM) Pk Hr Volumes p j al° & 24-Hour Volumes N A v Aspen Club&Spa Lodging Development Aspen,Colorado MA Colorado Aspen Club&Spa Traffic Count October 29,2008 Page 9 VOLUME COMPARISON FROM PREVIOUS COUNTS Data was also collected at two of the four intersections shown in Figure 6. These earlier counts were during a Friday, Saturday, and Sunday in March, 2008 and midweek in August, 2004. The data show that at the Cooper and Durant intersections with Original Street, winter weekday AM peak hour volumes are slightly higher than for summer weekday AM, but the reverse is true in the PM, where summer weekday PM peak hour volumes are higher than in winter. Specifically, data show that at the Cooper/Original intersection, the AM peak hour weekday August 2008 volumes are 14% lower than the August 2004 counts and 4% lower than the weekday March 2008 counts. However, the August 2008 PM peak hour volumes at the same location are only 4% lower those in August 2004, yet 22% higher than in March 2008. Figure 7 displays this data, showing that weekday PM peak hour volumes represent the highest hourly volumes, regardless of the season. Figure 7 Comparison of Peak Hour Total Volumes Summer 2004 at Cooper& Original Winter 2008 1,000 968 929 __ MSummer2008 750 688 721 - --- 778 - 515 ;. 437 505 - 500 4t1- j 250 284 0 Weekday Weekend AM PM AM PM At the Durant/Original intersection, the available Thursday, Friday & Saturday data show that summer and winter peak hour volumes have less variation, as shown in Figure 8. However, weekday PM peak hour volumes are again the highest. As stated earlier, total daily volumes are higher in the summer than in winter. This indicates that a greater portion of total daily trips are occurring outside of the peak hours during the summer than in winter due to longer days and usually better roadway conditions. Figure 8 Comparison of Peak Hour Total Volumes at Durant& Original Summer 2004 i 1,000 - Winter 20 Z�' 750 _ Summer 2008y ---- 387 500 - 523 476 - -- -- ----- 358 292 336 375 327 250 212 203 Weekday Weekend AM PM AM PM MA Colorado Aspen Club&Spa Traffic Count October 29,2008 Page 10 CLUB & SPA TRAVEL MODES Vehicle Trips by Hour of Day As shown in Figure 9, Aspen Club trips tend to build gradually in the morning starting at 8 AM and to reach a plateau of about 55 vehicles per hour by 11 AM that lasts through 1 PM, picking back up to this level between 3 PM and 5 PM before tapering off steadily into the evening hours. During the busy part of the average day, from 8 AM to 7 PM, Club &Spa traffic varies from 21%to 34% of total traffic on Ute Avenue at the Original Street intersection. As shown in Figure 9, the hours with higher proportional share of total traffic attributed to the Aspen Club are 10 to 11 AM, when Club trips peak and 4 to 5 PM, when Ute volume begins to taper off. Figure 9 Hourly portion of Aspen Club Trips ®Total on Ute e/o Original on Lite Avenue e/o Orignal Street ■Aspen Club entrance vols 200 --- - --------- —. __-. ----. -- 150 -- - ' 2 100 u ' i 50 0 a a E E E E E ^ E E E E Z E E E E Z E E E E Z ^Hour Ending Peak Hour Volumes At the Aspen Club entrance, the AM and PM peak hour volumes used in analyzing traffic impacts at intersections in town occurred on Friday from 8:00-9:OOAM and from 3:30- 4:30PM. The AM peak hour Club volume of 54 trips had 40 in and 14 out, while the PM peak hour volume of 67 trips had 36 in and 31 out via the Ute Avenue entrances. Alternate Modes of Arrival Pedestrian Volumes There are residences in the surrounding neighborhood and some Club members do walk to the facility. From 10AM to 7PM on Friday, the daytime video count shows a total of 18 pedestrians into and 16 out the Club via the Ute entrance, contributing 6% of the combined vehicle, pedestrian and bike access there during those nine hours. A secondary access to Aspen Club & Spa is via a footbridge over the Roaring Fork River, serving the parking area along Crystal Lake Road north of the river. A video count of pedestrian and bicycle activity here on Friday, 8/22/08 from 10:OOAM to 7:OOPM shows a total of 154 pedestrians and 19 bicycles using the footbridge to access the Club. Of the pedestrians, it is assumed that approximately 80% are walking to/from their vehicles parked along Crystal Lake Road, with 20% either passengers in cars or walking in from the neighborhood. Therefore, total pedestrian access to the Club via both entrances is approximately 65 trips during the nine-hour count, representing 9% of total arrivals. MA Colorado Aspen Club&Spa Traffic Count October 29,2008 Page 11 Bicycle Volumes During the nine-hour daytime video count, bicycle access to the Club along Ute Avenue totaled 24 trips in and 34 out, while bicycle access via the footbridge was 6 in and 13 out. A total of 77 bicycle trips contributed about 11% of the combined vehicle, pedestrian and bike access to the Club during those nine hours. Bus Volumes RFTA provides regularly scheduled Cross Town Route bus service to the Ute Avenue neighborhood near the Club. Video count of the Club entrance along Ute Avenue on Friday, 8/22/08 from 10:00AM to 7:OOPM shows bus arrivals and departures with passenger loading and unloading. The bus is scheduled to arrive every 30 minutes on the hour and half hour. During the nine-hour count, bus riders totaled 17 boarding and 10 alighting at the Aspen Club entrance on Ute Ave. However, not all of those transit riders were oriented to/from the Aspen Club. The peak hour of bus usage at this location was Noon-1PM when 3 passengers got on and 1 got off the bus. Transit currently is used by just a few Aspen Club members/employees. TDA Colorado Aspen Club&Spa Traffic Count October 29,2008 Page 12 CLUB & SPA VEHICLE TRIPS THRU KEY INTERSECTIONS Vehicle trips to and from the Club distribute to and through town via several routes. Using existing trip distribution patterns noted at each of the four key intersections counted, Figure 9 depicts the expected distribution of Aspen Club trips to the roadway network. Current patterns show that all Club vehicle trips using the south entrance enter/exit via the west and continue to/from the north via Original Street. Overall, entering trips currently arrive approximately 40% from the north via SH82, 18% from the east via SH82, and 42% from the west through other streets in Town. Exiting trips currently depart approximately 55% to the north via SH 82, 17% to the east via SH 82, and 33% to the west through Town. Table 1 presents the total morning and evening peak hour traffic volume through each of the four intersections counted. The existing Aspen Club vehicle trips contribute 11% of the AM peak hour volumes through the intersection of Durant Ave & Original Street. The PM hourly share is 9%. As Club trips distribute throughout the roadway network, the percentage of total traffic attributed to the Club is reduced. The future expanded Aspen Club &Spa is estimated to yield a total of 70 AM and 88 PM peak hour vehicle trips via Ute Avenue assuming no reductions applied for Club-sponsored travel demand management (TDM) measures that are currently under consideration. In the morning peak hour, these could be 50 trips heading to the Club and 20 departing. In the evening peak hour there could be 46 inbound and 42 out bound Club trips. Using the distribution patterns shown in Figure 10, the forecasted project trips are added to existing peak hour intersection volumes. The percentage of traffic attributed to the Club increases at the Durant/Original intersection only slightly from today's 16% to a future 17% in the AM and from existing 14% to future 16% in the PM peak hours. At the high volume Original/Cooper intersection (State Highway 82) the Club portion increases slightly from 8% today to 9% in the future during the AM and from 4% to 6% in the higher volume PM peak hour. Table 1 Estimated Aspen Club Portion of Peak Hour Vehicle Trips Through Four Key Intersections Summer Weekday August 2008 Future(wl Club Project)Trips Analysis Intersection Total thru Aspen Club %Trips Aspen Club Total thru % Aspen intersection Trips Aspen Club Trips intersection Club Trips AM I PM AMZ PM3 AM PM AM PM AM PM AM PM Cooper Avenue @ Original Street 437 929 35 45 8% 5% 45 59 482 988 9% 6% Cooper Avenue @ West End 293 564 10 12 3% 2% 12 15 305 579 4% 3% Durant Avenue @ Original Street 336 476 54 67 16% 14% 70 88 406 564 17% 16% Durant Avenue @ Spring Street 273 370 16 19 6% 5% 20 24 293 394 7% 6% 1.from August 2008 turning movement counts 2.from August 2008 tube counts at Club entrance 3.from August 2008 video counts at Club entrance 4.existing with added residential trips using standard ITE Trip Generation rates, no TDM mitigation MA Colorado Aspen Club&Spa Traffic Count October 28,2008 Page 13 Main St. (SH 82) —8% o NORTH ��%--► �9% p No t to Scale I � 12% Cn 0 0 o m U) to na Q a to rn �' Cooper Cooper Ave (SH82) m I City 0 Durant Ave o Dean Ave o Waters Ave �7 ita6 Rd 30%-1, 100% 'i00% Lasco Ln parking \ \ S , Foot path qiy over river Aspen Club& Spa Ute Ave Vehicle Trips jY, •` ' r, �'' Distribution Pattern Aspen Club&Spa Lodging Development Aspen,Colorado Legend , X% =Vehicle Trips TO the Club ` '• , . =Vehicle Trips!=/-?Ow)the Club 100 100% 'A MA Colorado Aspen Club&Spa Traffic Count October 29,2008 Page 14 FINDINGS As in similar mountain towns, peak vehicle volumes in Aspen are higher during the summer months than in winter. Weekday volumes are generally higher than during a weekend. Therefore, a design day for Aspen Club & Spa residential development traffic monitoring should be a late-August mid-week day. Mid morning and late afternoon volumes at the Club entrance in the August 2008 count were comparable to the August 2004 peak hour volumes. We expect the daily volume is now higher than it was in 2004 given the increase in Club membership and services offered during the intervening years. The August 2008 video traffic counts for the nine-hour period from 10M to 7PM show that 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 with 20% crossing the Roaring Fork footbridge from Crystal Lake Road. Club and Spa trips currently represent about 5% of total traffic passing through the Cooper/Original (State Highway 82) intersection in the summer weekday PM peak hour. The Club contributes about 8% in the AM, when total volumes through the intersection are less than half of that experienced during the evening peak hour. With the addition of 32 residential units at the Club, coupled with continuing membership growth, we estimate that Club traffic could increase marginally to 6% of the future PM and 9% of the future AM peak hour totals. These impacts could be even less once the effects of the Club's on-going plans for a TDM program are factored into future trip generation. To assist in identifying actual post-development traffic changes, we recommend repeating late- August mid-week vehicle count at the same locations as the August 2008 counts. As such, we can compare specific turning movements from year to year to detect the magnitude of change by specific traffic routes. Please contact us if you have questions or comments on this data compilation and presentation. Prepared under the direction of Sincerely, REC,s TDA Colorado Inc. p�,Jp. p;�, -•,��� 2247- i Audrey Girard SSG�`' W11 Ile Senior Associate _ David D. Leahy, P.E. Principal MA Colorado EXHIBIT z- SNOW AVALANCHE HAZARD ANALYSIS AND DEFENSE RECOMMENDATIONS ASPEN CLUB LIVING ASPEN, COLORADO Prepared For Mr. Sunny Vann Vann Associates Prepared By Arthur 1. Mears, P.E., Inc. Gunnison, Colorado December, 2008 I STUDY OBJECTIVES AND LIMITATIONS As outlined in my proposal of November 15, 2008, this report has the following objectives: 1. Field evaluation of terrain (accomplished on earlier site visits to the area and on November 11, 2008); 2. Computation of design (100-year) avalanche dynamics (runout distance, velocity, 9nergy, flow height) through application of an appropriate avalanche-dynamics simulation model; 3. Computation of avalanche forces on the proposed units, if these units - - - are reached by the design avalanche; 4. Recommendation of performance standards (strength, size) of protective structures or wall reinforcement, if this is required; 5. Preparation of a report to satisfy Aspen standards for development in hazard areas and to ensure safety of people. This report also has the following limitations which must be understood by all those relying on the conclusions and recommendations: Site-specific limitations The analysis, conclusions and recommendations apply exclusively to the Aspen Club site and proposed development. Any significant changes to the development plans we reviewed ("Option D," Figure 3 of this report) may invalidate the conclusions; Avalanches larger but less likely than the design-magnitude 100-year avalanche are possible and may exceed the limits and energies of the 100-year design avalanche assumed in this analysis; We also assumed current forest conditions in the avalanche path; removal of some or all of the forest may increase the size, runout distance and energy of the design avalanche. General limitations You as my client should know that while our company can-and does attempt#o - uphold high professional standards, the state of scientific and engineering knowledge is incomplete, and does not always permit certainty. The complex phenomena involved in avalanches cannot be perfectly evaluated and predicted, and methods used to predict avalanche behavior change as new research ' The design avalanche in the Pitkin County/Aspen area has a return period of 100 years(a constant 1%annual probability). This conforms with risk tolerance in this area. A.I. Mears, P.E., Inc. 1 Aspen Club Living Avalanche Hazard & Mitigation becomes available. While we can and will offer our best professional judgment, we cannot and do not offer any warranty or guarantee of results. 2. LOCATION AND AVALANCHE TERRAIN The proposed Aspen Club Living consists of 14 free-market and 4 deed- restricted units immediately southeast of downtown Aspen (Figure 1). The current Aspen Club and proposed development (Figure 2) is located at the base Y •�'i/�i 4 1 ♦ ti.y \` P'tf�(J;� ,my• � .•_ ;.♦ � a ♦ '$r' '° 4 !i7>ap.� �% �``� 113{t��t �1 5 � 4 f �, .`�S { 7b �i� ifff' •� r �`�as dL i•( '°T�'n. g4�i �i t� .�A FE IN zl, '! �`� 'I J, C • • •p j [ ff w M #ti •i I r`•"l t tiP 4 f low, 6jeUb -pax. J S:YC,.12,f GQ Figure 7 . Overview map showing development site&avalanche path affecting it Additional avalanche terrain exists in area but is not shown. See Figure 3 for topographic detail and avalanche red and blue zones. A.l. Mears, P.E., Inc. 2 Aspen Club Living Avalanche Hazard & Mitigation of a steep densely-forested slope. This reaches 9,000 to 9,400 feet, approximately 1,000 to 1,400 feet above the Aspen Club. Unforested and/or sparsely-forested areas in excess of 300 steepness are locations where snow avalanches can begin. Tree damage on the slope indicates that avalanches have occurred in the past decades. The current (August 26, 2008) development plans for the living units are shown on Figure 2. _ d 1 l .' : e � Ian. tT A "• �+> - + Aspen Club Living: Revisod Site Plan % ;•;,;, aR Option D Aspen Clio Living ltEE..,,•-. �.. :.- .. +a c-._c;vtn rar c:,xcFa-xra'7s xnYa.,s -g Figure 2. Development plans and deed-restricted units exposed to minor avalanche impact forces during extreme,design-magnitude avalanche. Lxposed building surfaces that can be reached are highlighted in red. Avalanche mitigation details are discussed in Section 4 and sketched in Figure 4. 3. DESIGN AVALANCHE CHARACTERISTICS Design avalanche boundaries and runout are shown on Figure 3. This detailed topographic map was provided by the Pitkin County/Aspen GIS department. The 100-year event starts in steep, relatively unforested terrain generally between 8,650 and 8,950 feet elevation. The major avalanche-producing storms will usually be accompanied by southwest through northwest winds. They may deposit a snow slab 3 to 4 feet thick in the steep upper terrain during major storms. When the design avalanche releases it will flow down a broad gully, spread into the runout zone and cross the cul-de-sac south of the Aspen Club. The design avalanche can reach this building and two of the proposed units AHU 1 &AHU 4 (Figure 2). A.I. Mears, P.E., Inc. 3 Aspen Club Living Avalanche Hazard & Mitigation yn i' 4 xrr. i4— �f KA d Y:r i M 1 F' t t i t.^4Pq 1' AT r ra :Y 'gA,q rI 1 Ysn Ae9..1 1 rrd b1 �,j. a'' 84 mvzi Figure 3. Boundaries of design(100-year)avalanche path. This avalanche has been subdivided into red and blue zones. Additional avalanche areas do not affect the proposed development and have not been mapped. The design-avalanche boundaries have been subdivided into red and blue zones of hazard intensity. Definitions of these zones used in Pitkin County 2are as follows: Red Zone—Within the red zone avalanches have return periods of 30 years or less (3% annual probabilities) or produce impact pressures of 600 Ibs/ft2 or more on flat surfaces normal to the flow direction. Residential or commercial development is generally not allowed in the red zone because of high forces. Furthermore, the more frequent avalanches in the red zone may expose people outside of buildings to an unacceptably high risk. Blue Zone—With the blue zone avalanches have return periods of 30 to 100 years (1% to 3% annual probabilities) and also produce impact pressures of less than 600 Ibs/ft2. Building is sometimes permitted in the blue zone if site-specific design and structural protection is used. The risk to persons outside buildings is generally considered acceptable because of reduced avalanche frequency and the small exposure time. 2 Vjle understand the City of Aspen does not have similar avalanche-hazard zones defined. The Pitkin County zones are used here for reference. A.I. bears, P.E., Inc. 4 _ Aspen Club Living Avalanche Hazard & Mitigation The design avalanche characteristics were determined through the following two- step procedure: • First the runout distance (stopping position) of the avalanche was determined by comparison with paths of similar size and terrain in this area; runout was also predicted using statistical analysis of a regional database of long-return-period avalanches; • Second, to develop the design parameters, the dynamics of the design avalanche was modeled by applying a Swiss avalanche- simulation computer model and requiring this model to stop at the runout position referred to above. Application of these two steps enabled the avalanche design parameters (required strength and size) of the defense structures to be specified. Because units AHU 1 and AHU 4 of the proposed of the Aspen Club living development are located within the outer margin of the avalanche blue zone, we recommend building reinforcement. At this location far into the runout zone, the avalanche will have nearly stopped, having dissipated most of its energy on the nearly flat terrain above the development. The majority of the avalanche debris will also have been deposited on the flat terrain above the Aspen Club. Because avalanche velocities and energies will have been largely dissipated at the building locations, avalanche mitigation is feasible. We feel mitigation (Section 4) can easily be incorporated into building plans. 4 MITIGATION DESIGN CRITERIA Units AHU 1 and AHU 4 are best protected by reinforcement of the lower portion of walls, doors and windows exposed on the side toward the avalanche. The strength and recommended size of this reinforcement is shown on Figure 4. We assumed a modest avalanche impact velocity at the building wails of 5m/sec (16 ft/sec) and flow height of 0.84m (2.8 ft). These parameters were determined from avalanche-dynamics modeling fit to the terrain. Figure 4 shows the height of a suggested reinforced surface on the lower uphill facing sides of units AHU 1 and AHU 4. The shape of the pressure surface is "trapezoidal."The design force is a uniform 80 Ibs/ft2 over the lower 6 feet and decreases to zero at a height of 8 feet.Any doors and/or windows within this part of the wall should also be design to withstand the pressures. A.I. Mears, P.E., Inc. 5 Aspen Club Living Avalanche Hazard & Mitigation _V------ Figure 4. Schematic showing heights of uphill surface of units AHU 1 &AHU 4 reinforced for avalanche loads. The uniform load of 80 lbs1ft2is approximately 3 to 4 times the standard horizontal wind load usually assumed in design. However the increased load will act only over the lower 8 feet Exposed windows and doors should be reinforced. A free standing wall designed to resist avalanche impact and located on the lower side of the cul-de-sac uphill above the buildings was also considered. This option was rejected because a) the wall would need to be at least 10 feet high and be designed to resist larger forces then those specified in Figure 4, b) access to the buildings through the wall would leave a gap exposed to the design avalanche, and c) a free-standing wall would require a large foundation to resist overturning. We reiterate that the design avalanche that can reach the units is a rare event likely to occur only onetime in 100 years, on the average. The area is located near the outer limit of the avalanche runout zone. Because of the long return period (small probability) of an avalanche at this location, the exposure of people outside the buildings is small. 5 DISCLAIMER You as my client should know that while our company can and does attempt to uphold high professional standards, the state of scientific and engineering A.I. Mears, P.E., Inc. 6 Aspen Club Living Avalanche Hazard & Mitigation knowledge is incomplete, and does not always permit certainty. The complex phenomena involved in avalanches cannot be perfectly evaluated and predicted, and methods used to predict avalanche behavior change as new research becomes available. While we can and will offer our best professional judgment, we cannot and do not offer any warranty or guarantee of results. Report prepared by, QCoe Arthur 1. Mears, P.E. Avalanche-control engineer A.I. Mears, P.E., Inc. 7 Aspen Club Living Avalanche Hazard & Mitigation anticipated during the approval process, or any other minor change to a EXHIBIT Community Development Director finds has no effect on the conditions and representations limiting the approved plat. B. Other Amendment. Any other amendment shall be approved by the City Council, provided that the proposed change is consistent with the approved plat. If the proposed change is not consistent with the approved plat, the amendment shall be subject to review as a new development application for plat. C. Plat vacation. Vacation of an approved plat or any other document recorded in conjunction with a plat shall be considered a plat amendment, and shall only be approved by the City Council if good cause is demonstrated. 26.480.090 Condominiumization. A. General. Where a proposed development is to include a condominium form of ownership, or if an existing development is to be converted to a condominium form of ownership, in whole or in part, a condominium subdivision plat reflecting all condominiumized units, or that portion of the development to be condominiumized, shall be submitted to the Community Development Director for review and approval as a subdivision pursuant to the terms and provisions of this section. B. Procedure. A development application for a condominiumization shall be reviewed and approved, approved with conditions, .or denied by the Community Development Director, pursuant to the procedures and standards in this section and Common Development Review Procedures set forth at Chapter 26.304. No condominiumization shall be approved by the Community Development Director unless compliance with all application portions of this Section, applicable portions of this Chapter, and applicable portions of this Title are demonstrated. 1. Contents of Application. The contents of a development application for a condominium or condominiumization shall include the following: a. The general application information required in Common Development Review Procedures set forth at Section 26.304.030. b. A condominium subdivision plat drawn with permanent ink on reproducible mylar. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches with an unencumbered margin of one and one-half(1-1/2) inches on the left hand side of the sheet and a one-half(1/2) inch margin around the other three (3) sides of the sheet. It shall include: (1) Accurate dimensions for all lines, angles and curves used to describe boundaries, streets, setbacks, alleys, easements, structures, areas to be reserved or dedicated for public or common use and other important City of Aspen Land Use Code. August,2007. Part 400,Page 171 features. All curves shall be circular arcs and shall be defined by the radius, central angle, tangent, arc and chord distances. All dimensions, both linear and angular, are to be determined by an accurate control survey in the field which must balance and close within a limit of one (1) in ten thousand (10,000). (2) The plat shall be drawn at a scale of one (1) inch equals one hundred (100) feet or larger. Architectural scales are not acceptable. If it is necessary to place the plat on more than one (1) sheet, an index shall be included on the first sheet. A vicinity map shall also appear on the first sheet showing the condominium project as it relates to the rest of the city and the street system in the area of the proposed condominium. (3) A description of all survey monuments, both found and set, which mark the boundaries of the subdivision, and description of all monuments used in conducting the survey. The Colorado Coordinate System may be used. (4) A statement by the land surveyor explaining how bearings, if used, were determined. (5) A certificate by the registered land surveyor as to the accuracy of the survey and plat, and a statement that the survey was performed in accordance with Colorado Revised Statutes 1973, Title 38, Article, 51, as amended from time to time. (6) A certificate by a corporate Title insurer, that the person or person dedicating to the public the public rights-of-way, areas or facilities as shown thereon are the owners thereof in fee simple, free and clear of all liens and encumbrances. (7) Certificates showing approval of the final plat by the City Engineer and Community Development Director. (8) A certificate of filing for the Pitkin County Clerk and Recorder. (9) Copies of any monument records required of the land surveyor in accordance with Colorado Revised Statutes 1973, Title 38, Article 53, as amended from time to time. 2. Recordation. The approved condominium subdivision plat shall be recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of its approval by the Community Development Director. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the Community Development Director shall render the plat invalid and a new application and approval will be required. City of Aspen Land Use Code. August, 2007. Part 400,Page 172 3. Subdivision Agreement. No subdivision agreement need be prepared or entered into between the applicant and the city pursuant to a condominium or condominiumization approval unless the Community Development Director determines such an agreement is necessary. 4. Minimum Lease Deed Restriction. Minimum lease deed restrictions imposed by the City Council as a condition of condominiumization approval prior to July 1, 1992, shall only be modified or removed with the consent of the City Council. (Ord. No. 55-2000, § 12) City of Aspen Land Use Code. August, 2007. Part 400,Page 173 EXHIBIT PUD/SPA PLAN SET Aspen Club & Spa Subdivision/PUD/SPA The following drawings are recorded contemporaneously with the attached Subdivi- sion/PUD/SPA Agreement. Cover Sheet 1.0 Lower Level Final PUD/SPA Development Plan 2.0 Uyper Level Final PUD/SPA Development Plan Ll Landscape Plan Al Basement Level Plan A2 Lower Level Plan A3 Main Level Plan A4 Upper Level Plan A5 Upper Level AHU Plan A6 Roof Level Plan A7 Club Building Character A8 Townhouse Building Character A9 AHU Building Character Cl Grading Plan C2 On-Site Drainage and Water Quality Basin Plan C3 Off-Site Drainage Basin Plan C4 Off-Site Drainage and R.O.W. Improvements Plan C5 Master Utility Plan C6 Master Water System Plan C7 On-Site Sanitary Sewer Plan and Profile C8 Off-Site Sanitary Sewer Plan Aspen Club&Spa SuWivision/PUD/SPA November 22,2013 Engineering Report for Aspen Club & Spa Subdivision/PUD/SPA Aspen, Colorado Submitted To: City of Aspen Engineering Department 517 E. Hopkins St. Aspen, CO 81611 Prepared by: Sopris Engineering, LLC 502 Main Street Suite A3 Carbondale, Colorado 81623 SE Project Number: 12221.01 November 22, 2013 Aspen Club&Spa Subdivision/PUD/SPA November 22 2013 Table of Contents A. Introduction........................................................................................................................................................2 B. Background........................................................................................................................................................2 C. Project Summary...............................................................................................................................................2 D. Site Utilities........................................................................................................................................................2 A. Water Service&Fire Flow Analysis.............................................................................................................3 B. Sanitary Sewer.............................................................................................................................................3 C. Shallow Utilities.....................................................................................................................................:.......4 E. Drainage Analysis.............................................................................................................................................5 F. Conclusion...................................................................................................................................................... 11 "i.+7 Aspen Club&S,oa Subdivision/PUD/SPA November 22 2013 A. Introduction This report has been prepared in support of the proposed improvements associated with the Aspen Club & Spa Subdivision/PUD/SPA application. The subject property is located at 1450 Crystal Lake Road, Aspen, Colorado. The information within this report presents our summary of engineering analysis and findings associated with the proposed utilities and stormwater infrastructure associated with the re-development of the property. Preliminary civil drawings have been included with this report for illustrational support of his document. B. Background The Aspen Club is located within the Rural Residential (RR) zone district with a PUD and SPA overlay. The Club is part of the Callahan Subdivision/PUD which was approved in 1976. Several amendments to this originally approved subdivision have occurred over the years. The most recent was the PUD amendment approved in 2010 under Ordinance 2, Series of 2010. This approval consisted of 20 timeshare units, 12 2- bedroom affordable housing units, remodel/expansion of the Club's building, sub-grade parking garage, Final Specially Planned Area, Final Planned Unit Development, Final Timeshare, Rezoning, 124 Multi-Year growth management allotments and Subdivision of the subject property. Since the amended approval in 2010 various minor revisions to the proposed improvements have taken place which is requiring another amendment to the PUD. The revisions are outlined within the Development Order dated and approved on July 12, 2013. This document has been included as an attachment to this report for referencing. In summary, the revisions include changes to the landscape plan, building floor plans, townhome cluster footprints and elevations, total number of parking spaces, and setback dimensional requirements. C. Project Summary Overall the proposed improvements associated with the re-development of the subject property are consistent with the previously approved amendment to the PUD per Ordinance 2, Series of 2010. The revisions include an additional timeshare unit and some minor revisions to the site layout. In general ten (10) townhome style units are proposed along the"lower tier'of the site. These units are located above the Roaring Fork River and associated top of slope setback. Four(4) additional townhome style units are proposed along the "upper ties" and adjacent to the Club's building. Seven (7) additional units are contained within the remodeled Club building. 12 2-bedroom affordable housing units (AHUs) are proposed at the southeast corner of the property. An expansion and remodel to the existing Club's building are also proposed. Lastly, a sub-grade parking structure is proposed along the west side of the Club. This report outlines the utility and stormwater infrastructure required to support the service requirements for these improvements. D. Site Utilities Coordination with all utility providers has taken place to verify layouts, routing and feasibility of serving the proposed improvements. This section describes our findings. Additional details and routing will be finalized prior to submitting for a building permit application. Preliminary utility, water and sanitary sewer plans have been included within the attached civil drawings. 21 Aspen Gub&Spa Subdivision/PUD/SPA November 22 2013 A. Water Service&Fire Flow Analysis The City of Aspen Water Department is the provider of potable water for the subject property. Currently the Club's building is served by an 8-inch service tapped off the existing 12"diameter ductile iron water main that runs along Ute Avenue. This existing service will be routed to the relocated mechanical room proposed at the southwest corner of the Club. From the mechanical room the service will branch out to serve the various buildings proposed throughout the site as well as a proposed fire hydrant located along the "upper tier" and north of the Club. This entire water delivery system will be private, including the fire hydrant. This design concept was presented to and accepted by (at the conceptual level) the City of Aspen's Water Department and Aspen Fire Protection District (AFPD) on May 10, 2013. Final design of this system will be provided at the time of building permit application. - - - - - - - Fire Flow Analysis A fire flow analysis was performed to verify the capacity of the City's existing water system serving this area. The fire flow requirements for this project was determined to be 1,500 gpm and was based on proposed structure types and that all structures will be fitted with a fire suppressant system. In order to obtain a baseline of existing fire flows in the service area three of the surrounding fire hydrants were flow tested on May 25, 2013 by AFDP personnel. The results are as follows: • Fire Hydrant#1744: Static=63 psi; Residual=53 psi; Flow= 1,067 gpm • Fire Hydrant#1745: Static=72 psi, Residual=60 psi; Flow= 1,144 gpm • Fire Hydrant#1746: Static=59 psi, Residual=45 psi; Flow= 1,026 gpm These results were used to calibrate the water model for the City's distribution system. The results indicate that the existing distribution system is adequately sized to provide the required fire flows to the proposed development. It was noted by the City Water Department that there is a section of water main along the Ute Avenue corridor that is likely cast iron pipe; however based on the meeting held on May 10, 2013 Water Department Staff indicated that any water capacity issues serving the proposed improvements shall be the responsibility of the applicant; however any upgrades to the existing water system due to inferior materials will be the City's responsibility. A copy of the Aspen Club Fire Flow Analysis prepared by SGM has been included as an attachment to this report. Based on the results of this conservative analysis it has been determined that the required fire flows can be achieved and therefore no offsite water improvements are required by the applicant. B. - -Sanitary Sewer Aspen Consolidated Sanitation District(ACSD) is the supplier of sanitary sewer service to the subject property and surrounding area. An existing 8-inch sewer main currently extends through the northern portion of the subject property and provides service to the neighboring property to the east (Silver Lining Ranch). The current alignment poses some challenges for supplying sanitary sewer service to the proposed improvements. In addition, ACSD had three primary concerns that they wanted considered during the preliminary design of sewer service to the proposed development. The first concern was the downstream constraints of the existing system. According to ACSD there is a section 31 Aspen-Club&Spa Subdivision/PUD/SPA November 22 2013 of sewer main west and downstream of the subject property that has irregular slopes and may not have capacity for the anticipated demands with the redevelopment of the Aspen Club property. The second is providing and maintaining access to any sanitary sewer main that is realigned to accommodate the redevelopment of the Aspen Club. Lastly, the property(Silver Lining Ranch) east of the Aspen Club currently benefits from a gravity service to a dedicated ACSD sewer main. ACSD does not want to negatively impact this existing user. Several solutions to providing sanitary sewer to the proposed development were explored and included a utility cotridor routed under the proposed Townhome clusters located on the "lower tier", lowering the main along Ute Avenue (north of the project) and re-routing service connections from the Club and Silver Lining Ranch to this lowered main, installation of a lift station, routing a sewer main across the Roaring Fork River via the existing bridge, and re-routing the sewer main along the north side of Townhome Units 6-10. After contemplating all options and considering ACSD's concerns it was determined that routing the sanitary sewer main along the north side of Units 6-10 was the most feasible. This not only provided an accessible route through lower tier of the project for ACSD to jet and maintain their sewer main it also maintained a District owned gravity system to Silver Lining Ranch. In addition, in order to provide adequate cover over the re-aligned onsite sewer main approximately 1,200 L.F. of existing offsite sewer main will need to be lowered. Portions of this offsite downstream system were in need of replacement based on concerns ACSD had regarding irregular slopes and capacity constraints. Unfortunately, however, this option will result in portions of the onsite sewer main and associated easement falling within the Roaring Fork River's top of slope setback. This area currently consists of a concrete tennis court that will have to be removed so disturbance within this area is inevitable. Preliminary plan and profile design of the onsite sanitary sewer improvements as well as the anticipated extents of offsite sanitary sewer improvements are illustrated on the attached Civil PUD documents. Per ACSD's regulations their "on-call" civil engineer will complete the design of both onsite and offsite sanitary sewer improvements associated with this project. C. Shallow Utilities Shallow utilities serving the Aspen Club property include electric, cable, gas and telephone. The information provided within this section includes utility locates obtained during the improvement survey as well as discussions with the individual utility providers. Holy Cross Energy currently services the Club via a transformer located along the north side of the building. Re-development of the subject property includes abandoning this existing transformer and installing two new transformers. One of these transformers will serve all the Townhome Units (1-14). This transformer is proposed along the northwest comer of the parking structure. Access to this transformer will be provided via the same maintenance and access easement proposed for the onsite sanitary sewer main. The second transformer is proposed along the south side of the Club. This transformer will be fed by the existing transformer located along the south side of Ute Avenue and will serve the Club and affordable housing complex. Easements for both transformers will be provided to Holy Cross Energy. 41 Aspen Club&Spa Subdivision/PUD/SPA November 22 2013 Comcast Cable service is currently provided along the north side of the Club by a pedestal located between the two existing tennis courts. The original proposal was to abandon this pedestal and associated service alignment and utilize the existing pedestal located along the south side of Ute Avenue. After coordination with Comcast it was determined that the existing pedestal along the south side of Ute Avenue did not have adequate capacity and therefore the existing service alignment and pedestal will need to be maintained. The proposed improvements will likely require location and grade adjustments to the existing pedestal but all services to serve the townhome clusters, Club and affordable housing complex will be extended from this location. Century Link Telephone service is provided via a pedestal located north of the Club and adjacent to the existing cable pedestal. The original proposal included abandoning this pedestal and extending service from an existing telephone pedestal located along the south side of Ute Avenue. After discussions with Century Link it was determined that this pedestal does not have adequate service to serve the proposed improvements. Consequently telephone service will have to be maintained from the north. Proposed improvements will likely require adjustments to the location and grade of this existing pedestal but all services to the townhome cluster, Club and affordable housing complex will be routed from this pedestal. Source Gas currently provides gas service to the Club from the gas main that runs along Ute Avenue. The proposed improvements require gas service to be extended throughout the property. Routing of this gas service will be through the Club building and/or parking structure. Final routing will be determined by the mechanical engineer prior to building permit application. Will serve letters from all shallow utility providers are included as attachments to this report. Further coordination and refining pedestal, transformer and service alignments may occur as the project progresses into final design. A final utility plan will be prepared in support of any future building permit applications. E. Drainage Analysis Introduction The intent of this Section is to outline the overall onsite and offsite drainage mitigation concepts associated with the redevelopment of the subject property. The requirements outlined with the City's Urban Runoff Management Plan were used to preliminarily design the onsite stormwater infrastructure with a strong emphasis on water quality treatment. Offsite flows were analyzed to determine the most effective approach for routing flows through the subject property. A meeting with Engineering Staff was held on October 4, 2013 at which time the information outlined within this Section was presented for conceptual sign-off. Final details, construction documents and drainage report(s)will be submitted with future building permit applications. Background&Overview The subject property falls outside of the study area as described within the Surface Drainage Master Plan (SDMP) for the City of Aspen, dated November 2001 prepared by WRC Engineering, Inc. A drainage report titled Aspen Club Living Drainage Study, dated February 2, 2010 was prepared by SGM in support of the previously amended PUD submittal. This report outlines the offsite drainage basins and associated offsite drainage improvements proposed under the previous PUD application. The overall offsite drainage mitigation 51 Aspen Club&Spa Subdivision/PUD/SPA November 22 2013 approach outlined within this previous report has been adopted; however the offsite drainage basins and contributing flows have been slightly modified. The onsite drainage improvements and design is no longer relevant given the various revisions to the site layout and grading plan as well as current requirements under the City's URMP. According to FEMA Flood Insurance Rate Map panel number 08097CO204C with effective date of June 4, 1987 the northern portion of the property falls within Zone AE while the remaining property falls within Zone X. FEMA designates Zone AE as an area subject to inundation by the 1% (100 year storm) annual chance flood event. The corresponding 100-year floodplain delineation has been included on our civil drawings. Areas within Zone X are outside the 0.2% (500 year storm) annual chance floodplain. Existing Drainage Conditions According to survey information and site investigations onsite drainage is routed to one of several dry wells located throughout the property or routed directly to the Roaring Fork River over the top of slope embankment. This section outlines what is believed to be the existing routing of runoff onsite. The southern and southeast portion of the site create low points between the building and surrounding grades. Runoff generated from these areas includes the south parking area, southern portion of the Club's roof and landscaping areas. Three inlets were identified within the southern parking area along the south side of the Club. These inlets appear to be connected to a dual dry well system located within the landscaping area along the southeast comer of the Club. Runoff from this landscaping area is also routed to these dry well structures. The existing parking lot along the north and west side of the club currently convey runoff towards two curb inlets. It is believed that a portion of the Club's roof area is also routed to these curb inlets. Both inlets are connected to a dry well located at the northwest corner of the parking lot. This dry well is equipped with an overflow outfall pipe which conveys flows along the western property line towards the Roaring Fork River. An access garage is located at the southwest corner of the Club. This area is approximately 5-10 ft below surrounding grades. A storm inlet and trench drain are provided within this low lying area to intercept runoff primarily from the access ramp. Each of these inlets are tied to an existing dry well located under the access ramp. No other dry wells were identified and it is believed that all other portions of the site are conveyed over the surface and directed towards the Roaring Fork River. Hydrologic Method The drainage criteria used for this study was based on the COA's URMP. The improvements associated with this project classify it as a "Major Design". The previous drainage study provided peak runoff rates associated with the 10- and 100-year storm events. Typically when a project does not connect to the City's system the storm event analysis is for the 5- and 100-year storm events. Despite this discrepancy and in an attempt to remain consistent with previously approved documents, the preliminary peak runoff rates for onsite and offsite basins were performed for the 10- and 100-year storm events. This section describes the hydrological assumptions and methods used to estimate these peak flow rates. sl Aspen Club&Spa Subdivision/PUD/SPA November 22 2013 Peak Runoff rates for the 10- and 100-year storm events were calculated using the Rational Hydrologic Method (Eq. 1)since the cumulative total of basin areas was less than 90 acres. Eq. 1: Q= C*I *A Q= Runoff Flow Rate(cfs) C= Runoff Coefficient I=Rainfall Intensity(in/hr) A=Area of Basin (acres) The runoff coefficient (C) is a variable that represents the ratio of runoff to rainfall volumes during a storm event. The determination of C mainly depends on the soil type, watershed impervious and storm event frequency. Each drainage basin was studied to determine the percent of impervious area. Landscaping areas were assumed to be 0% impervious or 0.15 and 0.35 for the 10- and 100-year runoff coefficients, respectively. Roofs, patios and concrete areas were all assumed to be 100% impervious or 0.92 and 0.96 for the 10 and 100-year runoff coefficients, respectively. Areas with impervious areas different from 0% or 100% were entered into UD-Rational Spreadsheets to determine the corresponding 10- and 100-year runoff coefficients. UD-Rational Spreadsheet was developed by Urban Drainage Flood Control District(UDFCD). The design rainfall duration used in the Rational Method is referred to as the time of concentration. The time of concentration is the cumulative travel time, including overland flow and channelized flow, for runoff to get from the furthest point upstream of a basin to a designated design point. Per COA URMP, 5 minutes was used as the absolute minimum time of concentration. This minimum value was adopted for the smaller basins. Times of concentration for the larger offsite basins were determined using UD-Rational Spreadsheets. The resultant times of concentration and corresponding rainfall intensities were used to estimate the peak runoff rates for each of the offsite and onsite drainage basins. A summary of the results are illustrated within Table 1 &Table 2. Offsite Drainage Basins Several offsite basins contributing runoff to the subject property were delineated based on aerial and survey topography. The majority of these basins are located on the steep north facing hillside located directly south of the property and Ute Avenue. There are also contributing offsite basins located at the southeast corner of the site as well as along the east property line. The delineation of these basins is illustrated on the Offsite Drainage Basin Plan and the peak runoff rates are summarized within Table 1. Table 1: Offsite Peak Runoff Rates BASIN AREA TC 110 to BASIN I AREA TC Imp 4100 I.D. (ACRES) Ci0 (min) (in/hr) (cfs) I.D. (ACRES) C1� (min) (In/hr) (Cfs) OS-1 19.57 0.17 19.7 1.97 6.55 OS-1 19.57 0.36 19.7 2.78 19.6 OS-2 7.05 0.17 16.05 2.7 3.24 OS-2 7.05. 0.37 16.05 3.81 9.9 OS-3 1.70 0.28 15.51 2.75 1.31 OS-3 1.70 0.44 15.51 3.87 2.9 OS-4 0.30 0.33 5.0 4.18 0.42 OS-4 0.30 0.47 5.0 5.89 0.84 OS-5 0.32 0.26 5.0 4.18 0.35 05-5 0.32 0.43 5.0 5.89 0.81 OS-6 0.25 0.38 5.0 4.18 0.40 OS-6 0.25 0.51 5.0 5.89 1 0.76 It should be noted that the total peak runoff rates associated with OS-1, OS-2 and OS-3 aren't necessarily conveyed onto the subject property since this analysis neglects the existing ditch located along the south edge 71 Aspen Club&Spa Subdivision/PUD/SPA November 22 2013 of Ute Avenue. Further capacity analysis of this ditch and various culverts should be analyzed prior to final design to determine the interception capacity of this system. Mite Drainage Improvements A drainage collection system is proposed along the north side of Ute Avenue to reduce the impact of the southern offsite drainage basins. This concept was approved under the previous amendment and has been refined for this proposal. The drainage collection system will include curb/gutter, trench drains, collection ditch and storm pipes. Captured flows will be routed through the storm system to an open channel proposed along the west side of the parking structure. The downstream end of this open channel will include an inlet to direct flows to a storm pipe that will be connected to a proposed 6-ft diameter dry well located at the northwest corner of the property. This dry well will be fitted with a grated inlet that will be located within a shallow depression. The design concept with this approach is that runoff will be captured within the dry well and allowed to perc into the underlying soils. Flows that exceed the capacity of the dry well will overflow through the grated inlet and fill in the shallow depression. If the shallow depression is ever completely inundated it will act as a level spreader, distributing flows over a wider distance to prevent erosion along the Roaring Fork River's riparian zone. This is essentially the same concept that was proposed and approved under the previous PUD. The ownership of this system was also outlined under the previous amendment and included the City to own and maintain the section of storm sewer located within Ute Avenue's ROW. This would allow the City the opportunity to connect to this section if their system is ever extended up Ute Avenue. The remaining storm infrastructure will be owned and maintained by the Club. The system as illustrated on the Civil PUD drawings accommodates the 100-yr anticipated peak runoff rates from the contributing offsite basins, neglecting the interception capacity of the existing ditch that runs along the south side of Ute Avenue. Final construction drawings with supporting details will be prepared for building permit application. Onsite Drainage Basin Descriptions The onsite basin delineations outlined within this section and illustrated on the Onsite Drainage and Water Quality Plan are based on preliminary water quality basins and are confined to the top of slope setback. A final landscaping plan and further coordination with other design consultants, particularly the mechanical engineer, will be required prior to finalizing the overall drainage mitigation approach. The delineation of the basins for this preliminary analysis were based on conceptual water quality treatment locations. Table 2 summarizes the estimated 10 and 100-year peak runoff rates associated with these delineated basins. Table 2: Onsite Post Development Peak Runoff Rates BASIN AREA I" Qvo BASIN AREA lip Q_ I.D. (ACRES) C, (in/hr) (Cfs) I.D. (ACRES) Ci. (in/hr) (Cfs) BASIN 1 0.18 0.71 4.18 0.52 BASIN 1 0.18 0.77 5.89 0.80 BASIN 2 0.39 0.48 4.18 0.78 BASIN 2 0.39 0.58 5.89 1.32 BASIN 3 0.50 0.55 4.18 1.16 BASIN 3 0.50 0.63 5.89 1.87 BASIN 4_ 0.20 0.47 4.18 0.38 BASIN 4 0.20 0.57 5.89 0.65 BASIN 5 0.13 1 0.49 1 4.18 0.27 1 BASIN 5 0.13 0.59 5.89 0.46 BASIN 6 0.15 0.74 4.18 0.45 BASIN 6 0.15 0.80 5.89 0.69 BASIN 7 0.89 0.75 4.18 2.80 BASIN 7 0.89 0.81 5.89 4.26 BASIN 8 0.73 0.6 4.18 1.83 BASIN 8 0.73 0.67 5.89 2.89 BASIN 9 0.04 0.32 4.18 0.05 BASIN 9 0.04 0.47 5.89 0.10 BASIN 10 0.06 0.28 4.18 0.07 BASIN 10 0.06 0.44 5.89 0.16 BASIN 11 0.17 0.39 4.18 0.28 BASIN 11 0.17 0.51 5.89 0.52 BSAIN 12 0.21 0.52 4.18 0.46 MAIN 121 0.21 0.61 5.89 0.76 81 Aspen Club&Spa Subdivision/PUD/SPA November 22 2013 Overall routing of stormwater through the site and resultant drainage basins will be refined prior to building permit application and will include delineation of sub-basins. The Onsite Drainage and Water Quality Plan has been included as an attachment to this report for illustrational support. The proposed storm sewer sizes illustrated on this plan were based on 100-year peak flow rates, I% minimum slope, 80% design depth and a Manning's runoff coefficient of 0.013. Final site design will likely impact the contributing basins, total impervious areas and associated peak runoff rates and therefore pipe sizes will be confirmed prior to building permit. Given the higher flows anticipated with Basin 7, which is the majority of the Club's roof area, an energy dissipater vault will likely be required to reduce the outfall velocities prior to entering the proposed treatment area. This structure will likely be installed within a chase and within the lower parking structure. It is possible that this structure may include a sand filter water quality chamber; however this preliminary design contemplates water quality treatment for the roof area to be provided by the proposed bio-retention celllsand filter located north of the parking structure as described in the following Section. As with all final design elements this structure will be designed prior to building permit application. Water Quality Capture Volume(WQCV) WQCV is the amount of runoff generated from the 80th percentile storm event and is a function of impervious area. The water quality treatment concepts proposed for the redevelopment of the subject property currently include, grass swales, bio-retention cells,green roofs, proprietary treatment vaults and dry wells. Incorporating the water quality requirements outlined within the URMP into a plan that was previously approved under varying criteria has proven to be a challenge. Despite the numerous design constraints the majority of the site's impervious areas, including portions of offsite basins will be provided water quality treatment via one of the previously mentioned Best Management Practices (BMPs). However, given the limitations associated with disturbance within the Roaring Fork River's riparian zone there are impervious areas that will not be provided water quality treatment volumes. These areas include the existing Ute Trail that pass through the property and the proposed trail connection for the redeveloped site to Ute Trail. Despite the inability to provide water quality treatment volume for these areas it is believed that some level of treatment is being provided by the densely vegetated hillside located between the trail and river and the proposed development will not adversely impact the current conditions of these areas. Onsite water quality treatment has been conceptually laid out based on current landscape plans and proposed site improvements. As mentioned above, dry wells and/or proprietary treatment vaults have been proposed for some areas. These types of treatment structures have been limited to Basins 1, 6, and potentially Basin 8. The sizing of these facilities will be confirmed at the time of building permit. The remaining impervious areas outlined within Table 2 will be treated with bio-retention cells and/or sand filter detention basins. These facilities have been strategically located to capture runoff from contributing basins. Table 3 summarizes the required WQCV and preliminary sizes of these facilities. 91 Aspen Club&Spa Subdivision/PUD/SPA November 22 2013 Table 3:Water Quality Treatment Volume Summary BRC CONTRIBUTING TOTALAREA TOTAL % WQCV REQ.WQCV FOOTPRINT WQDEPTH WQCV ID BASINS (SF) I IMPERV IMPERV (IN) (CF) (SF) (IN) PROVIDED(d) A 2&05-5 30760 13032 42% 0.08 205 315 8 210 B 7&9 36497 36497 100% 0.26 791 800 12 800 C 5 5800 3788 65% 0.13 63 138 6 69 D 8&10 34570 25023 72% 0.14 403 555 9 416 E 1 11 7578 3580 47% 0.10 1 63 133 1 6 1 67 F 12 9171 6348 69% 0.14 1 107 378 4 126 Bio-retention cell "B" accounts for the 4,000+/- square feet of green roof area proposed for the Club Building. Each of the above described bio-retention cells may be converted to sand filter detention basins as the final design of this project develops. In addition, given the proximity of each of these facilities they will likely require the installation of an underdrain system. Given the constraints associated with daylighting these underdrains dry wells have been proposed. These dry wells will not only be utilized for terminating underdrain pipes but will also serve as terminus locations for routing flows exceeding water quality storm events. This approach promotes infiltration which will provide another layer of water quality treatment. It will also reduce the risk of erosion to the Roaring Fork River's riparian zone. The concept is similar to the proposed offsite dry well. Captured flows will infiltrate into underlying soils. If the dry well becomes inundated staged flows will overtop the grated inlets and flow towards the Roaring Fork River. This will reduce discharge velocities and minimize the risk of erosion. Finally, it should be noted that the locations, footprints and depths of these preliminary water quality treatment facilities will likely be revised as the design finalizes. The purpose of this preliminary analysis is to illustrate the intent and feasibility of the water quality approach proposed for the redevelopment. Fee-In-Lieu of Onsite Detention Fee-in-Lieu (FIL) of detention is an option that the City offers to qualifying projects under Ordinance 15 & 16. Qualifications include post development impervious areas equal to or less than impervious areas based on the 2008 aerial imagery. The existing impervious area for the entire property currently consists of approximately 132,060 square feet of impervious area while the post development impervious area for the entire site has been estimated to be 123,950 square feet. This post development impervious area estimate is considered to be on the high end given the fact that a complete landscaping plan will likely include the addition of numerous planters that are not yet incorporated into the site plan. Due to the numerous site constraints associated with providing onsite detention this project will likely pursue the FIL of onsite detention. This option was discussed with Engineering Staff at the October 4th meeting and was approved at the conceptual level. Based on the fee structure outlined within Ordinance 15, Series 2011 the estimated FIL for this project is $537,943. Again, this number is likely on the high end and will be refined prior to building permit application. On a final note this project does not fall within the City's SDMP and therefore stormwater improvements are not proposed or contemplated for this area of the Clty. The FIL was established to assist the City in funding the improvements as recommended within the SDMP which includes storm sewer upgrades and regional detention facilities. It is our suggestion that the FIL for this project should be allocated to the expenses associated with the offsite drainage and Right-of-Way improvements as depicted on the attached civil PUD drawings. These improvements will not only benefit the project but also the City and neighboring properties. These seems like a reasonable request; otherwise this project will not benefit from the hefty fee associated 101 Aspen Club&Spa Subdivision/PUD/SPA November 22 2013 with the FIL. A cost estimate of the improvements has been prepared and has been included as an attachment to this report. F. Conclusion The improvements proposed under the amended Aspen Club & Spa Subdivision/PUD are consistent with previously approved PUD under Ordinance 2, series of 2010. In fact, the amended application enhances the project by providing improved sanitary sewer service, utility routing and water supply system. In addition, the amended plan incorporates Current stormwater requirements as outlined within the URMP. Final design of all site grading, utilities and proposed stormwater infrastructure will be provided during building permit application. Some of the information outlined within this report may be revised to accommodate slight adjustments but the overall intent will be maintained. 11 � Aspen Club&Spa Subdivision/PUD/SPA Attachments SE Pro ect No.12221.01 ATTACHMENT A Development Order,dated July 12,2013 SOPRIS ENGINEERING ' LLC civil consultants 502 Main Street Suite A3 Carbondale Colorado 81623 (970)704-0311 Fax:(970)704-0313 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. Tlie effective date of this Order shall also be the initiation date of a five-year vestedproperty 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 CALL AHAN PUD&SUBDNISION CITY OF ASPEN COUNTY OF PITKIN STATE OF COLORADO, 1450 Crystal Lake Road,Parcel ID 2737-181-32-019 Legal Description and Street Address of Subject Property The applicant has received approval to construct 21 timeshare units 12 affordable housing units, reconfigure the club,and construct an underground parking garage, and to subdivide thepropelty_into five (5) lots. The amendments listed in the next section have been approved for the rp olect. Written Description of the Site Specific Plan and/or Attachment Describing Plan City of Aspen Planning and Zoning Commission Approval Approval of GMQS Allotments Resolution 16, Series of 2012, recorded at Reception#592664. City of Aspen Administrative Approval Apoval of PUD and SPA Amendment September 24 2012 recorded at Reception#596102. City of Aspen Planning,and Zoning Commission Approval of Commercial Design Amendment Resolution 24, Series of 2012, recorded at Reception# 595908. Administrative Approval Approval of I'UD Amendment, SPA Amendment, and Stream Margin Exemption, July 12, 2013, recorded at Reception #601690. Land Use Approval(s)Received and Dates(Attach Final Ordinances or Resolutions) July 25,2013 Effective Date of Development Order(Same as date of publication of notice of approval.) September 17,2016.(same date as vesting received through Ordinance 2 Series 2010 and P&Z Reso 17, Series 20 11) 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.) I Issued this 12`h d y of July,2013, by the City of Aspen Community Development Director. c Chris Ben-don,Community Development Director I RECEPTION#: 601690, 07. '2013 at 09:26:00 AM, 1 OF 19, R $1' )0 Janice K. Vos Cauc'" Pitkin County, CO NOTICE OF APPROVAL FOR PUD AMENDMENT,SPA AMENDMENT AND STREAM MARGIN EXEMPTION 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 N� APPLICANT: Aspen Club&Spa,LLC _REPRESENTATIVE: Sunny Vann,Vann Associates SUBJECT&SITE OF AMENDMENT: PUD and SPA Amendment for Lot Callahan PUD & Subdivision, commonly known as The Aspen Club, located at 1450 Crystal Lake Rd, involving site plan,design,and landscaping changes. 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). In addition,the � •,. applicant requested and received a Commercial Design Review Amendment on December 18,2012 (P&Z Resolution 24, Series 2012) related to the changes proposed ��° m✓,h herein. RELEVANT PAST APPROVALS: The following approvals are related to the PUD and SPA Amendment herein,and are briefly summarized below: • City Council Ordinance 2, Series of 2010: Original Approval Ordinance for the Aspen Club Living Project • P&Z Resolution 17,Series of 2011:Final Commercial Design Approval • P&Z Resolution 16,Series of 2012: Growth Management approval to add six(6) lodge pillows to the Aspen Club Living Project • Administrative PUD and SPA Amendment recorded at Reception Number 596102: PUD and SPA Amendment memorializing the six(6)new lodge pillows • P&Z Resolution 24,Series of 2012:Commercial Design Amendment 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 consisting of: 20 timeshare units, 12 2-bedroom affordable housing units, and a reconfigured recreation club(the Aspen Club). Fourteen(14)of the timeshare units were pg. lof 19 RECEPTION#: 601690, 07, 2013 at 09:26:00 AM, 2 OF 19, Janice K. Vos Caudill Atkin County, CO approved as stand-alone"townhouse"units in three buildings—10 of the units are on the "lower bench"by the river and 4 of the units are on the"upper bench"by the Club. Six(6) of the units were approved to be added to the existing Club building(the`club"units).A total of 132 parking spaces were approved for the development—35 spaces across the river on lots 14A&14W and 97 on the Club parcel(Lot 15-A). The Planning and Zoning Commission approved additional Growth Management Allotments earlier this year(Resolution 16,Series of 2012)to add six(6)pillows in three(3) bedrooms to the property. The approval resulted in a total of twenty-one (2 1) timeshare units permitted on the property. In conjunction with the GMQS approval,an insubstantial PUD and SPA amendment was approved administratively to memorialize the pillow and unit increase. Final Commercial Design approval was granted by the Planning and Zoning Commission in 2011. As the applicant has begun preparing to submit for building permit, they have started to refine the architecture with the project architects and Auberge Resorts, the future lodge operator. This has resulted in a number of minor changes to the project, which,when taken together,represented enough changes to require an Amendment to the Commercial Design approval and a second PUD and SPA Amendment. The Planning and Zoning Commission approved a Commercial Design Amendment in 2012. This PUD and SPA Amendment request addresses multiple minor changes to the building, site plan, materials, and internal space changes. The approved changes are detailed in the approval,below,as well as the drawings attached in Exhibit A. The applicant has worked with the Aspen Consolidated Sanitation District (ACSD) to determine the most appropriate sewer alignment. The proposed alignment is located along the river-side (north)of the townhomes located on the lower bench of Lot 4, and partially encroaches into the stream margin area. ACSD has indicated this is the best solution for the property. Because this is utility work, it qualifies for a Stream Margin exemption and is included in this approval. The conceptual plans are attached in Exhibit A. 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. This amendment has no impact on the exterior design of the .Aspen Club. It includes minor interior and landscaping changes. Technical measuring errors are also rectified in this amendment. DECISION: The Community Development Director finds the proposed PUD and SPA Amendment as noted below and in Exhibit`A' is consistent with the review criteria (Exhibit B)and thereby,APPROVES the amendment as specified below- pg.2o£19 RECEPTION#: 601690, 07 /2013 at 09:26:00 AM, 3 OF 19, Janice K. Vos Caudill -tkin County, CO 1) Changes related to the Landscape Plan (Page 20) and Site Plan (Page 5). The attached pages reflect the approved Landscape Plan and Site Plan. The following is a summary of changes: a) Stairs running from surface parking area to underground parking are removed and replaced with a planter. b) Double loaded angled surface parking is changed to single loaded parking. c) The upper and lower patio areas (located on the upper bench of the site) are reconfigured. d) Water feature running through the site is eliminated and replaced with a stand- alone.Feature located on the upper and lower benches between the surface parking area and the exercise area. e) Exercise area is more formalized, with a wrap-around path and bench/wall features. f) Additional entry paths are added to the "townhouse" fractional units, with one path to each entrance. g) Planters,paths and sidewalks throughout the site are slightly changed in terms of location. The stairs leading from the lower bench to the upper bench are moved to the west. The Final PUD/SPA documents shall substantially comply with the attached plans. h) Additional egress from the"club"units to the property line is added. i) The Service Yard located along Ute Avenue is reconfigured and enlarged. The area has been combined with the underground parking ramp. The Applicant is required to provide a letter from the trash hauler indicating how the trash compactor and recycling will be accessed,and if there space is adequate to service the different uses on the site as part of the Final PUD/SPA Document application. The area may be amended from the attached plans in the final recorded documents based on the information in said letter. j) Window Wells for existing lower level club windows are deleted. The stepped retaining walls going down to existing low window have been removed and finish grade is raised to an intermediate level between the pool patio and the first level of affordable housing units. k) The Lot Lines for Lot 3 (aka Lot 15-C)have been modified slightly to fit revised building footprints,while maintaining all prior setback requirements. 1) The Lot Lines for Lot 4(aka Lot 15-D)have been modified slightly to fit revised footprints,while maintaining all prior setback requirements,except the West Side Yard setback between Unit#14 and the pool area has been increased from zero to five(5)feet. m) The Lot Lines for Lot 5(aka Lot 15-E)have been modified slightly to fit revised footprints,while maintaining all prior setback requirements. 2) Changes related to the Club Building Floor Plans (Pages 6-11). The attached pages reflect the approved Floor Plans. The following is a summary of changes: a) The subgrade garage is reconfigured to include a turn-around instead of dead-end to facilitate vehicle circulation,an exterior garage wall along the lower bench that is mostly open to outside(water feature is now integrated into parking structure on both levels),and to remove all exterior egress stairs. pg.3of 19 RECEPTION#: 601690, 07 '2013 at 09:26:00 AM, 4 OF 19, Janice K. Vos Caudill _r-kin County, CO b) The garage level club entry is re-configured and the timeshare owner storage in the garage is consolidated and reconfigured as bi-level. c) The sub-grade gymnasium returns to being a multi-purpose gym rather than office space,and a run-out sprint track is added. d) Floor plans for the Club Units and associated stairs and hallways are updated to reflect the changes approved in P&Z Resolution 16,Series of 2012 and the previous Insubstantial PUD Amendment: Unit#20 changed from a 2-bedroom unit to a 3-bedroom unit;Unit#21 has been added as a temporary sales office that can be converted into a studio unit;Unit#16 changed from a 2-bedroom unit to a 3-bedrA om unit. e) Various roof changes are included that reflect the changes approved in P&Z Resolution 24,Series of 2012,including:an expanded green roof,changes to roof pitches,changes to the elevator and stairs serving the green roof and roof deck, changes to the roof over circulation,and the addition of a second stair to access the roof deck. f) A service elevator,stair&circulation were extended along Ute Ave for proper egress and functionality of the service yard. g) Upper floor hallway has been extended with a glass-enclosed element to improve the entry/exit direct to Ute Ave for the Club Units. h) Ground level partially-enclosed patios have been added at the ground floor club timeshare units. i) The south exit corridor is now joint egress for the club units and the club itself. j) Various floor plan changes,including removing the guest lounge/business center and replacing it as restrooms for the Club,and expanded hallways and circulation spaces. k) The pool area has been changed to be partially enclosed and partially unenclosed, with an updated design approved as part of Resolution 24,Series of 2012. In addition,the pool mechanical equipment is tucked under pool itself. 3) Changes related to the Townhome Building Floor Plans (Pages 9, 12). The attached pages reflect the approved Floor Plans. The following is a summary of changes: a) The three townhouse cluster footprints&entries have changed slightly,primarily to allow direct exterior access to lock-off units,rather than a shared entry,but entries share a common walkway where possible. b) There are no upper floor balconies on the river-side townhomes on the south side, only small roofs over the entries below. c) Skylights have been added above internal stair circulation space at the townhome units. d) Decks of townhome end units wrap around the units. e) There are small roofs over the entries below. f) 4-Bedroom units have wrap-around decks. g) Minor floor plan adjustments. h) Shallow crawlspaces are now shown under the townhomes.All crawlspaces shall be entirely below grade. pg.4of 19 RECEPTION#: 601690, 07 /2013 at 09:26:00 AM, 5 OF 19, Janice K. Vos Caudill _tkin County, CO 4) Changes related to the Affordable Housing Floor Plans (Pages 6, 17, 18). The attached pages reflect the approved Floor Plans. The following is a summary of changes: a) AHU crawlspaces are now shown.Crawlspaces have been added under two of the unit pods.All crawlspaces shall be entirely below grade. b) A handicapped-accessible lift has been added for ground level Type"B"units to be able to access their basement storage. c) Separate privacy/avalanche-protection walls have been deleted.Avalanche protection can be more feasibly achieved by being integrated with the structure at the walk line. Verification that this change provides adequate avalanche protection shall be included as part of the building permit application. d) Partial-height walls in the internal courtyard have been removed to give a more open feeling instead of partitioning off outdoor spaces. e) A decorative trellis feature has been added to soften the impact of the affordable housing units on the pool areas. f) Individual exterior decks have been removed on units 5,8,9 and 12."Juliette" balconies(sliding doors with a wood railing in front)have been incorporated into all units instead. g) The exterior wall planes have been articulated by"bumping"some elements out slightly. 5) A total of 133 parking spaces are approved and shall be shown on the Final PUD/SPA documents. 6) Section 4 of Ordinance 2, Series 2010 outlined the approved dimensional requirements for the project. Only the following dimensions are amended, all others remain those outlined in Section 4 of Ordinance 2. RR —� Dimensional Proposed Dimensional Requirements for subdivided lots Requirement Lot] (15-A): 152,670 sq.ft. Minimum Lot Lot 2(15-B): N/A Size Lot 3(15-C): 19,451 sq.ft. Lot 4(15-D): 31,654 sq.ft. Lot 5(15-E): 11,459 sq.ft. Minimum I Lot 1(15-A): 29 feet 3 inches Front Yard Lot 4(15-D): 5 feet Setback Minimum Side Yard Setback Lot 1 (15-A): 60 feet to building,5 feet to garage (West Side Maximum 28 feet for all uses and lots Height All height shall be measured from finished rade Minimum Off- 133 spaces total: Street Parkin Lodge:21 spaces pg.50f 19 RECEPTION#: 601690, 07/ 2013 at 09:26:00 AM, 6 OF 19, Janice K. Vos Caudill . -.kin County, CO RR Dimensional Proposed Dimensional Requirements for subdivided lots Requirement Aspen Club and Spa: 95 spaces (60 spaces on Lot 1; 35 spaces on Lots 14A& 14W) AH units: 17 spaces 7) Applicant is required to receive a tree-removal permit for all trees proposed to be removed. The landscape plan shall also be reviewed by the Parks Department as part of the building permit application,and is subject to further changes deemed necessary by the Parks Department. 8) Applicant is required to comply with applicable engineering requirements, including stormwater regulations. These shall be addressed as part of the building permit application. 9) The sewer alignment is amended to comply with ACSD requirements,a copy of which is attached in Exhibit A. A portion of the line and associated easement is located within the stream margin area. All conditions of the original approval Ordinance,Ordinance 2,Series 2010 related to work in the stream margin area apply. In addition, the following conditions are added related to the revised sewer alignment: a) Applicant shall comply with the Urban Runoff Management Plan as it relates to the sewer access easement, including any paving and impervious surface discharge into the top of slope area. b) A revegetation plan shall be included in the building permit application and is subject to review and approval by the Parks Department. c) No iaybacks are permitted in the stream margin area. d) The portion of the sewer line located within the stream margin area shall,to the greatest extent practical, be constructed in a manner to minimize the need for future excavation work. This shall be reviewed by the Parks and Engineering Departments in consultation with recommendations from ACSD. Any future excavation work performed shall be mitigated with a revegetation plan. 10)All exterior lighting shall meet the requirements of the Land Use Code in place at the time of building permit submission,as amended from time to time. 11)The approved use program does not change with this approval. The previously approved uses,as related to Growth Management,are: a) 12 Affordable Housing Units, b) 130 Lodging Pillows(in 21 timeshare lodge units) c) 63,199 square feet of commercial space for the recreation club 12)The Final PUD Development Plans that are required to be recorded pursuant to Section 26.445.070.11 of the Aspen Land Use Code shall be consistent with all approvals,but shall be conceptual or illustrative in nature. Precise information pg.6of 19 RECEPTION#: 601690, 07 '2013 at 09:26:00 AM, 7 OF 19, Janice K. Vos Caudill .-tkin County, CO shall be provided as part of the building permit application, and in situations where the final PUD Development Plans and approved building permit differ, the approved building permit shall rule. This shall be indicated on the Final PUD Development Plans. 13)The approved plans are attached as Exhibit A. The numbers and bubbles on these plans were for illustrative purposes for staff review of the application,and do not indicate,demarcate, or approve anything not otherwise outlined in this Notice of Approval. The Final PUD/SPA documents shall be substantially similar to tlgc plans in Exhibit A. APPROVED BY: �Tvl�., 12 �ot3 C s endon Date Community Development Director Attachments: Exhibit A—Approved Plans,recorded • Final PUD/SPA Development Plan(05) • Final Landscape Plan(20) • Club Building Floor Plans(06-11) • Townhome Building Floor Plans(09, 12) • Affordable Housing Floor Plans(06,17, 18) • Conceptual Sewer Alignment Exhibit B- Review Standards,not recorded pg.7of 19 Aspen Club&Spa Subdivision/PUD/SPA Attachments SE Project No.12221.01 ATTACHMENT B Aspen Club Fire Flow Analysis Soms ENGINEERING • LLC civil consultants 502 Main Street Suite A3 Carbondale Colorado 81623 (970)704-0311 Fax:(970)704-0313 6SGM MEMORANDUM TO: Jesse Swann, Sopris Engineering, PE FROM: Shannon Ullmann, SGM, PE (' D DATE: July 9, 2013 RE: Aspen Club Fire Flow Analysis The purpose of this memorandum is to provide estimates of safely available fire flow for the Aspen Club in Aspen, Colorado as part of the club's expansion project. This analysis considered distribution system testing and model calibration, as well as up- to-date service line alignment and sprinkler demands. Results' Model simulations indicate the existing fire hydrants, 1744, 1745 and 1746 and the proposed fire hydrant on the Aspen Club property can achieve a minimum of 1,500 GPM as a combination of 750 GPM among any two of the hydrants, simultaneously, as approved by the Aspen Fire Protection District. In addition, the modeled fire flow available at each of the hydrants (individually) is as follows: • FH1744 = 1,755 GPM • FH1745 = 1,775 GPM • FH1746 = 1,445 GPM • Proposed Aspen Club Hydrant = 1,335 GPM The model simulations indicate that: • No additional distribution system upgrades are necessary to achieve the fire flows required at the Aspen Club. • Field-recorded pressure loss/flow data suggest that some additional line blockage may be occurring between the Aspen Club and the Aspen Mountain Tank. SGM recommends the water department locate and remove these blockages in order to increase available fire flows system-wide. ' Results reflect calibrated model, including waterline restriction as detailed in the Assumptions. 118 W. 6,h St, Ste 200 Glenwood Springs, CO 81601 Phone: 970-945-1004 Fax: 970-945-5948 Assumptions Infrastructure Calibration: The water model was calibrated to reflect field-recorded pressures and flow rates obtained from Sopris Engineering via email on April 25, 2013. The calibration included adjustment of pipe friction factors to a reasonable degree. Recorded pressure losses suggest some additional throttling occurred at the time of the test. Common causes could include rocks or debris in the line, or unintended valve throttling or closure. To accurately reflect field-collected data, the modeled pipe sizes to the Aspen Club were further reduced (12-inch main on Ute Ave. from S. Alps intersection to the existing 8-inch was modeled as 10-inch to simulate fire flows with the apparent blockage). Additional investigation into these potential blockages would likely yield improved fire flow availability at the Aspen Club. Service Line Alignment: The water service line to the Aspen Club and the proposed hydrant was modified to reflect the 8-inch internal routing plan identified in the 5-29-13 Water Plan Sheet (Attachment 1). Fire Flow Requirements: Fire flow requirements for the Aspen Club's structures are based on the 2009 International Fire Code and additional input from the Aspen Fire District2. Table 1 summarizes those requirements. Table 1 As en Club Fire Flow Requirements � �--� 2009 IFC Fire Flow Required i Size Structure Flow Rate 75% Reduction Duration Building SF Type GPM GPM HR Affordable Housing Units 12,400 Type V-B 3,000 1,500 3 Townhomes 12,200 1 Type V-B 3,000 1,500 3 Combined Club&Garage 133,800 1 Type III-A 5,250 1,500 4 1. Minimum Fire Flow Requirement is 1,500 GPM. In cases where 75%reduction results in flows less than 1,500 GPM,that minimum is applied. Operational Conditions: Demands are estimated to be Maximum Day Demands. In addition, 640 GPM sprinkler demand was imposed at the Aspen Club. Water Storage Tank Levels are simulated as '/2-full. Booster Pump Stations and Water Sources are off. Pressure Minimums: Minimum pressure applied to fire flow simulations was 20 PSI, excluding of the elevated fire hydrant on the 8-inch main east of the Aspen Club (currently out of service as indicated by the City of Aspen Water Department). 2 Fire flow requirements verifications were made via phone with Edward van Walraven, Fire Marshal in July 2012. 118 W. 6'h St, Ste 200 Glenwood Springs, CO 81601 Phone: 970-945-1004 Fax: 970.945-5948 Individual hydrant fire flow availability simulations reflect the maximum flow that can be obtained when system pressures are allowed to drop to 20 PSI. Combination hydrant flow simulations were conducted by imposing 750 GPM on the combination of all four hydrants. Then, system-wide pressures were verified to confirm that all model nodes were greater than 20 PSI for each combination. Additional Results The above assumptions indicate pressure minimums of 20PSI for model results3. Per City of Aspen request, SGM also simulated fire flow availability within the distribution system with stricter pressure minimums. Those results are provided in Table 2. Table 2 Model-Simulated Fire Flow Available and Various Minimum Pressure Set points Fire Flow Available GPM Hydrant 20 PSI 30 PSI 40 PSI 50 PSI 1744 1,755 1,240 505 0 1745 1,775 1,255 515 0 1746 1,445 1,055 500 0 Proposed Aspen Club Hydrant 1,335 970 1 470 1 0 Is 1,500 GPM available for fire flow at two h drants2? I Yes No No No 1. Simulated minimum pressure to obtain available fire flow. 2. Two-hydrant combination simulation results indicate minimum system-wide pressures was between 20 and 30 PSI in at least one location in all cases. Therefore, two-hydrant fire flows of 1,500 GPM will be available only if system wide minimum pressures are allowed to drop below 30 PSI. Please feel free to call or email me with any additional questions that you may have. I can be reached by phone at 970-384-9060, or by email at shannonu(a-)slm-inc.com. Attachment 1: May 29, 2013 Coordination Exhibit. Aspen Club Living PUD, Water Plan. Sopris Engineering. 3 CDPHE standard minimum. 118 W. 61h St, Ste 200 Glenwood Springs, CO 81601 Phone: 970-945-1004 Fax: 970.945-5948 ATTACHMENT 1 May 29, 2013 Coordination Exhibit. Aspen Club Living PUD, Water Plan. Sopris Engineering. 118 W. 6th St, Ste 200 Glenwood Springs, CO 81601 Phone: 970-945-1004 Fax: 970-945-5948 .��< �\ MITI-LEGEND He I ® I I I PROPOSED LEGEND N 1 \ � m WATER PLAN NOTES: /// i ® � � � .uw/cxs.,awcs�s roeevux�o wuox,oeiowceurar. i / r / r ( ' �u,ww..a-aw,�rxrswu a.vExxeocxox,oeuzicrcnn. I a o �T rr I Jo a l r I GMPHIC SGIE Q CALL BEFORE YOU DIG 1 .o.v Aspen Club&Spa Subdivision/PUDISPA Attachments SE Project No.12221.01 ATTACHMENT C Shallow Utility Will Serve Letters �, /✓ y �r '"V r SOPRIS ENGINEERING • LLC civil consultants 502 Main Street Suite A3 Carbondale Colorado 81623 (970)704-0311 Fax:(970)704-0313 A CROSS F O � -r 3799 HIGHWAY 82• P.O. BOX 2150 > 1 GLENWOOD SPRINGS,COLORADO 81602 O O (970)945-5491 FAX(970)945-4081 d, r SSO'AO October 8, 2013 Sopris Engineering Jesse Swann 502 Main Street, Suite A3 Carbondale, CO 81623 RE: Aspen Club Dear Mr. Swann: The above mentioned development is within the certificated service area of Holy Cross Energy. Holy Cross Energy has existing power facilities located on or near the above mentioned project. These existing facilities have adequate capacity to provide electric power to the development, subject to the tariffs, rules and regulations on file. Any power line enlargements, relocations, and new extensions necessary to deliver adequate power to and within the development will be undertaken by Holy Cross Energy upon completion of appropriate contractual agreements and subject to necessary governmental approvals. Please advise when you wish to proceed with the development of the electric system for this project. Sincerely, HOLY CROSS ENERGY J frey A. r ke, Engineering Department jfranke @holvcross.com (970) 947-5416 JAF:vw W/O#13-21649:90-77:Aspen Club 13-21649 Swann A Touchstone Energy Cooperative ' Ccomcast. November 14, 2013 ASPEN CLUB SPA, LLC c/o Sopris Engineering 1450 Crystal Lake Rd Aspen, Colorado 81611 RE: Aspen Club Spa, LLC. Aspen, Colorado Please accept this letter as confirmation that Comcast of Colorado has the ability to provide cable service to the captioned location. The provision of service is contingent upon successful negotiations of an Agreement between the developer and Comcast Cable Communications, Inc. Should you require additional information, please contact Michael Johnson. I can be reached at (970) 930-4713. Sincerely, / U- Cj ` ------- Michael Johnson Construction/Engineering Comcast Cable Communications This letter is not intended to give rise to binding obligations for either party. Any contractual relationship between the parties will be the result of formal negotiations and will only become effective upon execution of the contract by representatives of the parties authorized to enter into such agreements. During any negotiations,each party will bear its own costs and will not be responsible for any costs or expenses of the other party, unless separately agreed to in writing. .A Attu r L i k r� Stronger Connected' 11/20/2013 Attn: Michael Fox Aspen Club Spa, LLC 1450 Crystal Lake Rd Aspen, CO. 81611 Re: Aspen Club Qwest Corporation d/b/a CenturyLink QC will provide telephone facilities to Aspen Club as defined by the current PUC Tariffs. Jason Sharpe Senior Field Engineer 970-384-0238 �J �S urce Gas October 17, 2013 From: Todd Ellsworth SourceGas 0096 County Rd. 160 Glenwood Springs, CO 81601 970-928-0407 I To: Jesse Swann Sopris Engineering,LLC 502 Main Street Suite A-3 Carbondale, CO 81623 RE: Aspen Club Living PUD,Aspen, CO Dear Jesse: The above mentioned development is within the certificated service area of SourceGas. SourceGas has existing natural gas facilities located on or near the above mentioned project. At this time it appears that these existing facilities have adequate capacity to provide natural gas service to your project, subject to the tariffs,rules and regulations on file. Any upgrading of our facilities necessary to deliver adequate service to and within j dte development will be undertaken by SourceGas upon completion of appropriate contractual agreements and subject to necessary governmental approvals. Please contact us with any questions regarding this project,and with a timeline of when you would like to proceed with your project. Sincerely, To Ellsworth Field Coordinator As en Club&Spa Subdivision/PUD/SPA Attachments SE Project No.12221.01 ATTACHMENT D Supporting Drainage Calculations • LID-Rational Spreadsheets • Drainage Pipe Capacities Sems ENGINEERING • LLC civil consultants 502 Main Street Suite A3 Carbondale Colorado 81623 (970)704-0311 Fax:(970)704-0313 CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD Project Title: ASPEN CLUB Catchment ID: OS 1 10-YR I. Catchment Hydrologic Data Catchment ID=OS-1 Area= 19.57 Acres Percent Imperviousness= 2.00 % NRCS Soil Type= B A,B,C,or D 11. Rainfall Information I(inch/hr)=C1"P1/(C2+Td)AC3 Design Storm Return Period,Tr= 10 years (input return period for design storm) C1 = 29.50 (input the value of Cl) 02= 10.00 (input the value of C2) C3= 0.789 (input the value of C3) P1= 1.20 inches (input one-hr precipitation--see Sheet"Design Info") 111. Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient,C= 0.17 Overide Runoff Coefficient,C= (enter an overde C value if desired,or leave blank to accept calculated C.) 5-yr.Runoff Coefficient,C-5= 0.08 Overide 5-yr.Runoff Coefficient,C= (enter an overide C-5 value if desired,or leave blank to accept calculated C-5.) Illustration overland LEGEND Reach 1 flow Reach 2 Q B 0midn Flaw Dixecdon F Catchment Reach 3 Beund�7 NRCS Land IF—H—ea—vy Ti illa e/ Short Nearl Grassed Paved Areas& Type Meadow Fied Pasture/ Bare Swale Y Sha1110 Paved S;ales Lawns Ground Waterwa s Sheet Flow Conve ance 10 E15 l 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Time Coeff ance V Tf ft/ft ft C-5 fps minutes input input output input output output Overland 0.6500 300 0.08 N/A 0.62 8.03 1 0.6000 2,417 2.50 1.94 20.80 2 20.00 3 4 5 Sum 2,717 Computed Tc= 28.83 Regional Tc= 25.09 User-Entered Tc IV. Peak Runoff Prediction Rainfall Intensity at Computed Tc,I= 1.97 inch/hr Peak Flowrate,Qp= 6.39 cfs Rainfall Intensity at Regional Tc,I= 2.14 inch/hr Peak Flowrate,Op= 6.92 cfs Rainfall Intensity at User-Defined Tc,I= 1.97 inch/hr Peak Flowrate,Op= 6.39 cfs 10-YR OS-1.x1s,Tc and PeakQ 11/20/2013,10:22 AM CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD Project Title: ASPEN CLUB Catchment ID: OS 210-YR I.Catchment Hydrologic Data Catchment ID= OS-2 Area= 7.05 Acres Percent Imperviousness= 3.00 % NRCS Soil Type;= B A,B,C,or D II. Rainfall Information I(Inch/hr)=C1*P1/(C2+Td)AC3 Design Storm Return Period,Tr= 10 years (input return period for design storm) C1 = 29.50 (input the value of Cl) C2= 10.00 (input the value of C2) C3= 0.789 (input the value of C3) P1= 1.20 inches (input one-hr precipitation--see Sheet"Design Info") III. Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient,C= 0.17 Civeride Runoff Coefficient,C= (enter an overide C value if desired,or leave blank to accept calculated C.) 5-yr.Runoff Coefficient,C-5= 0.08 Overide 5-yr.Runoff Coefficient,C= (enter an overide C-5 value if desired,or leave blank to accept calculated C-5.) Illustration aver LEGEND Reach 1 Reach 2 0 Beemdn Flow Direction E catchment Reach Hsundary NRCS Land Hea Tillage/ Short Nearly GraE Paved Areas& "Y 9 Y Type Meadow Field Pasture/ Bare SwShallow Paved Swales Lawns Ground Wat (Sheet Flow) Conveyance_ 2.5 0[7 10 15 l 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Time Coeff ance V Tf ft/ft ft C-5 fps minutes input input output input output output Overland 0.8000 300 0.08 N/A 0.67 7.48 1 0.5000 910 2.50 1.77 8.58 2 3 4 5 Sum 1,210 Computed Tc= 16.05 Regional Tc= 16.72 User-Entered Tc IV. Peak Runoff Prediction Rainfall Intensity at Computed Tc,I= 2.70 inch/hr Peak Flowrate,Qp= 3.30 cfs Rainfall Intensity at Regional Tc,I= 2.65 inch/hr Peak Flowrate,Qp= 3.23 cfs Rainfall Intensity at User-Defined Tc,I= 2.70 inch/hr Peak Flowrate,Op= 3.30 cis 10-YR OS-2.xls,Tc and PeakQ 11/20/2013,10:20 AM CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD Project Title: ASPEN CLUB Catchment ID: OS 310-YR I. Catchment Hydrologic Data Catchment ID= OS-3 Area= 1.70 Acres Percent Imperviousness= 21.00 % NRCS Soil Type.= B A,B,C,or D IL Rainfall Information I(Inch/hr)=C1'P1/(C2+Td)AC3 Design Storm Return Period,Tr= 10 years (input return period for design storm) C1 = 29.50 (input the value of Cl) C2= 10.00 (input the value of C2) C3= 0.789 (input the value of C3) P1= 1.20 inches (input one-hr precipitation--see Sheet"Design Info") 111. Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient,C= 0.28 Overide Runoff Coefficient,C= (enter an overide C value if desired,or leave blank to accept calculated C.) 5-yr.Runoff Coefficient,C-5= 0.20 Overide 5-yr.Runoff Coefficient,C= (enter an overide 0-5 value if desired,or leave blank to accept calculated C-5.) Illustration 51�LEGEND Reazh 1 Reach 2 BeOnming Flaw Direction Catchment Reach 3 Boundary NRCS Land Heavy Tillage/ Short Nearly Grassed Paved Areas& Type Meadow Field Pasture/ Bare Swales/ Shallow Paved Swales Lawns Ground Waterways (Sheet Flow) Conveyance 2.5 5 10 15 I 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Time Coeff ance V Tf ft/ft ft C-5 fps minutes input input output input output output Overland 0.4800 300 0.20 N/A 0.64 7.82 1 0.1600 461 2.50 1.00 7.68 2 3 4 5 Sum 761 Computed Tc= 15.51 Regional Tc= 14.23 User-Entered Tc= 15.51 IV. Peak Runoff Prediction Rainfall Intensity at Computed Tc,I= 2.75 inch/hr Peak Flowrate,Qp= 1.29 cfs Rainfall Intensity at Regional Tc,I= 2.86 inch/hr Peak Flowrate,Qp= 1.35 cfs Rainfall Intensity at User-Defined Tc,I= 2.75 inch/hr Peak Flowrate,Op= 1.29 cfs 10-YR OS-3.xls,Tc and PeakQ 11/20/2013,10:21 AM CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD Project Title: ASPEN CLUB Catchment ID: OS 410-YR I. Catchment Hydrologic Data Catchment ID=OS-4 Area- 0.30 Acres Percent Imperviousness= 32.00% NRCS Soil TYPe= B A,B,C,or D II. Rainfall Information I(inch/hr)=C1"P1/(C2+Td)AC3 Design Storm Return Period,Tr= 10 years (input return period for design storm) C1 = 29.50 (input the value of Cl) C2= 10.00 (input the value of C2) C3= 0.789 (input the value of C3) P1= 1.20 inches (input one-hr precipitation--see Sheet"Design Info") III.Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient,C= 0.33 Overide Runoff Coefficient,C= (enter an overide C value if desired,or leave blank to accept calculated C.) 5-yr.Runoff Coefficient,C-5= 0.26 Overide 5-yr.Runoff Coefficient,C= (enter an overide C-5 value if desired,or leave blank to accept calculated C-5.) Illustration O1"B1land LEGEND Reach 1 }�. Reach 2 O Be&ming Flaw Duectio Catcluaent Reach 3 Boundary NRCS Land Heavy illa e/ Short Near) Grassed Paved Areas 8 vY 9 y Type Meadow Field Pasture/ Bare Swales/ Shallow Paved Swales Lawns Ground Waterwa s (Sheet Flow) Conveyance 2.5 �5 E 10 E15 l 20 Calculations: Reach Slope Length 5-yr NRCS Flow Fiow ID S L Runoff Convey- Velocity Time Coeff ance V Tf ft/ft It C-5 fps minutes input input output input output output Overland 0.26 N/A 0.00 0.00 1 2 3 4 5 Sum 0 Computed Tc= 0.00 Regional Tc= 10.00 User-Entered Tc= 5.00 IV. Peak Runoff Prediction Rainfall Intensity at Computed Tc,I= inch/hr Peak Flowrate,Qp= cfs Rainfall Intensity at Regional Tc,I= inch/hr Peak Flowrate,Op= cfs Rainfall Intensity at User-Defined Tc,I= 4.18 inch/hr Peak Flowrate,Op= 0.41 cfs 10-YR OS-4.xis,Tc and PeakQ 11/20/2013,10:21 AM CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD Project Title: ASPEN CLUB Catchment ID: OS 510-YR 1. Catchment Hydrologic Data Catchment ID=OS-5 Area= 0.32 Acres Percent Imperviousness= 17.00% NRCS Soil Type;.= B A,B,C or D II. Rainfall Information I(inch/hr)=C1*P1/(C2+Td)AC3 Design Storm Return Period,Tr= 10 years (input return period for design storm) C1 = 29.50 (input the value of CI) C2= 10.00 (input the value of C2) C3= 0.789 (input the value of C3) P1= 1.20 inches (input one-hr precipitation--see Sheet"Design Info") III.Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient,C= 0.26 Overide Runoff Coefficient,C= (enter an overide C value if desired,or leave blank to accept calculated C.) 5-yr.Runoff Coefficient,C-5= 0.18 Overicle 5-yr.Runoff Coefficient,C= (enter an overide C-5 value if desired,or leave blank to accept calculated C-5.) Illustration overland LEGEND Reuhl fly Reach 2 Q Beein'in Flaw Direction Catch-t Reach 3 i0_d_ NRCS Land Heavy Tillage/ Short Nearly Grassed Paved Areas& Type Meadow Field Pasture/ =Bare Shallow Paved Swales Lawns Ground Waterways I (Sheet Flow) Conveyance 2.5 0T7 7 77= 15 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Time Coeff ance V Tf Wit ft C-5 fps minutes input input output input output output Overland 0.18 N/A 0.00 0.00 1 2 3 4 5 Sum 0 Computed Tc= 0.00 Regional Tc= 10.00 User-Entered Tc= 5.00 IV. Peak Runoff Prediction Rainfall Intensity at Computed Tc,I= inch/hr Peak Flowrate,Op= cfs Rainfall Intensity at Regional Tc,I= inch/hr Peak Flowrate,Op= cfs Rainfall Intensity at User-Defined Tc,I= 4.18 inch/hr Peak Flowrate,Qp= 0.34 cfs 10-YR OS-5.xis,Tc and PeakQ 11/20/2013,10:21 AM CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD Project Title: ASPEN CLUB Catchment ID: OS 610-YR I. Catchment Hydrologic Data Catchment ID=OS-6 Area= 0.25 Acres Percent Imperviousness= 44.00% NRCS Soil Type,= B A,B,C,or D II. Rainfall Information I(Inch/hr)=C1'P1/(C2+Td)AC3 Design Storm Return Period,Tr= 10 years (input return period for design storm) C1 = 29.50 (input the value of Cl) C2= 10.00 (input the value of C2) C3= 0.789 (input the value of C3) P1= 1.20 inches (input one-hr precipitation--see Sheet"Design Info") III. Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient,C= 0.38 Overide Runoff Coefficient,C= (enter an overide C value if desired,or leave blank to accept calculated C.) 5-yr.Runoff Coefficient,C-5= 0.32 Overide 5-yr.Runoff Coefficient,C= (enter an overide C-5 value if desired,or leave blank to accept calculated C-5.) Illustration Overland LEGEND Reach 1 tom. Reach 2 Q s emtin° Flaw Dirmfie cakhl nt Reach 3 Hu,uidawT NRCS Land Hea Till e/ Short Nearl Grassed Paved Areas& N 9 �� Type Meadow Field Pasture/ Bare Swales/ Shallow Paved Swales Lawns Ground Waterways (Sheet Flow) Conveyance 2.5 00 10 15 20 Calculations: Reach Slope Length 5-yr NRCS ;Flow Flow ID S L Runoff Convey- Time Coeff ance Tf fvft It C-5 minutes in ut in ut out ut in ut out ut Overland 0.32 N/A 0.00 1 2 3 4 5 Sum 0 Computed Tc= 0.00 Regional Tc= 10.00 User-Entered Tc IV. Peak Runoff Prediction Rainfall Intensity at Computed Tc,I= inch/hr Peak Flowrate,Op= cfs Rainfall Intensity at Regional Tc,I= inch/hr Peak Flowrate,Op= cfs Rainfall Intensity at User-Defined Tc,I= 4.18 inch/hr Peak Flowrate,Qp= 0.40 cfs 10-YR OS-6.xls,Tc and PeakQ 11/20/2013,10:20 AM CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD Project Title: ASPEN CLUB Catchment ID: OS 1 100-YR I. Catchment Hydrologic Data _ -Catchment ID_OS_-1 Area= 19.57 Acres Percent Imperviousness= 2.00% NRCS Soil Type,= B A,B,C,or D II. Rainfall Information I(inch/hr)=C1.P1/(C2+Td)AC3 Design Storm Return Period,Tr= 100 years (input return period for design storm) C1 = 29.50 (input the value of C1) C2= 10.00 (input the value of C2) C3= 0.789 (input the value of C3) P1= 1.69 inches (input one-hr precipitation--see Sheet"Design Info") III. Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient,C= 0.36 Overide Runoff Coefficient,C= (enter an overide C value if desired,or leave blank to accept calculated C.) 5-yr.Runoff Coefficient,C-5= 0.08 Overide 5-yr. Runoff Coefficient,C= (enter an overide C-5 value if desired,or leave blank to accept calculated C-5.) Illustration Over LEGEND Rauh 1 gay Reach 2 Q B Onning Flew Direction E Catehnunt Reach 3 NRCySLand Heavy Tillage/ Short Nearly Grassed Paved Areas& Type Meadow Field Pasture/ Bare Swales/ Shallow Paved Swales Lawns Ground Waterwa s Sheet Flow Conve ance 2.5 =5 10 15 J 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Time Coeff ance V Tf tuft It C-5 fps minutes input input output input output output Overland 0.6500 300 0.08 N/A 0.62 8.03 1 1 0.6000 2,417 2.50 1.94 20.80 2 20.00 3 4 5 Sum 2,717 Computed Tc= 28.83 Regional Tc= 25.09 User-Entered Tc= 28.83 IV. Peak Runoff Prediction Rainfall Intensity at Computed Tc,I= 2.78 inch/hr Peak Flowrate,Op= 19.70 cfs Rainfall Intensity at Regional Tc,I= 3.01 inch/hr Peak Flowrate,Qp= 21.34 cfs Rainfall Intensity at User-Defined Tc,I= 2.78 inch/hr Peak Flowrate,Op= 19.70 cfs 100-YR OS-1 As,Tc and PeakQ 11/20/2013,10:20 AM CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD Project Title: ASPEN CLUB Catchment ID: OS 2100•YR I. Catchment Hydrologic Data Catchment ID=OS-2 Area= 7.05 Acres Percent Imperviousness= 3.00% NRCS Soil Type B A,B,C,or D II. Rainfall information I(inch/hr)=C1.P1/(C2+Td)AC3 Design Storm Return Period,Tr= 100 years (input return period for design storm) C1 = 29.50 (input the value of Cl) C2= 10.00 (input the value of C2) C3= 0.789 (input the value of C3) P1= 1.69 inches (input one-hr precipitation--see Sheet"Design Info") Ill. Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient,C= 0.37 Overide Runoff Coefficient,C= (enter an overide C value if desired,or leave blank to accept calculated C.) 5-yr. Runoff Coefficient,C-5= 0.08 Overide 5-yr.Runoff Coefficient,C= (enter an overide C-5 value if desired,or leave blank to accept calculated C-5.) Illustration overland LEGEND Reach 1 How Reach 2 0 B owdn Flew Direction 4 Catchment Reach 3 $eU-1-7 NRCS Land -Heavy illa e/ Short Nearly G Paved Areas 8 vY 9 Y Type Meadow Field Pasture/ Bare Shallow Paved Swales Lawns Ground (Sheet Flow) Conveyance 2.5 1 7 10 15 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Time Coeff ance V TT ft/ft ft C-5 fps minutes input input output input output output Overland 0.8000 300 0.08 N/A 0.67 7.48 1 1 0.5000 910 1 2.50 1.77 8.58 2 3 4 5 Sum 1,210 Computed Tc= 16.05 Regional Tc= 16.72 User-Entered Tc= 16.05 IV. Peak Runoff Prediction Rainfall Intensity at Computed Tc,I= 3.81 inch/hr Peak Flowrate,Qp= 9.88 cfs Rainfall Intensity at Regional Tc,I= 3.73 inch/hr Peak Flowrate,Qp= 9.69 cfs Rainfall Intensity at User-Defined Tc,I= 3.81 inch/hr Peak Flowrate,Op= 9.88 cfs 100-YR OS-2.xls,Tc and PeakQ 11/20/2013,10:18 AM CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD Project Title: ASPEN CLUB Catchment ID: OS 3100-YR I. Catchment Hydrologic Data Catchment ID=OS-3 Area= 1.70 Acres Percent Imperviousness= 21.00% NRCS Soil Type.= B A,B,C,or D II. Rainfall Information I(Inch/hr)=C1.P1/(C2+Td)AC3 Design Storm Return Period,Tr= 100 years (input return period for design storm) Ci= 29.50 (input the value of Cl) C2= 10.00 (input the value of C2) C3= 0.789 (input the value of C3) P1= 1.69 inches (input one-hr precipitation--see Sheet"Design Info") III. Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient,C= 0.44 Overide Runoff Coefficient,C= (enter an overide C value if desired,or leave blank to accept calculated C.) 5-yr.Runoff Coefficient,C-5= 0.20 Overide 5-yr.Runoff Coefficient,C= (enter an overide C-5 value if desired,or leave blank to accept calculated C-5.) Illustration overland LEGEND Reach 1 flow Reach Z Q Bee—in Flow Directio E Catchment Reach 3 Heundary NRCS Land Hea Tilla e/ Short Nearly Grassed Paved Areas& vY g I � Type Meadow Field Pasture/ Bare Swales/ Shallow Paved Swales Lawns Ground Waterways (Sheet Flow) Conveyance 2.5 [=F-7 10 15 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Time Coeff ance V Tf Wit ft C-5 fps minutes input input output input output output Overland 0.4800 300 0.20 N/A 0.64 7.82 1 0.1600 461 2.50 1.00 7.68 2 3 4 5 Sum 761 Computed Tc= 15.51 Regional Tc= 14.23 User-Entered Tc IV. Peak Runoff Prediction Rainfall Intensity at Computed Tc,I= 3.87 inch/hr Peak Flowrate,Qp= 2.91 cfs Rainfall Intensity at Regional Tc,I= 4.03 inch/hr Peak Flowrate,Op= 3.04 cfs Rainfall Intensity at User-Defined Tc,I= 3.87 inch/hr Peak Flowrate,Op= 2.91 cfs 100-YR OS-3.As,Tc and PeakQ 11/20/2013,10:19 AM CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD Project Title: ASPEN CLUB Catchment ID: OS 4100-YR 1. Catchment Hydrologic Data Catchment ID=OS-4 Area= 0.30 Acres Percent imperviousness= 32.00 % NRCS Soil Type,= B A,B,C,or D II. Rainfall Information 1(inch/hr)=C1"P1/(C2+Td)AC3 Design Storm Return Period,Tr= 100 years (input return period for design storm) Ci = 29.50 (input the value of Cl) C2= 10.00 (input the value of C2) C3= 0.789 (input the value of C3) P1= 1.69 inches (input one-hr precipitation--see Sheet"Design Info") III. Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient,C= 0.47 Overide Runoff Coefficient,C= (enter an overide C value if desired,or leave blank to accept calculated C.) 5-yr.Runoff Coefficient,C-5= 0.26 Overide 5-yr.Runoff Coefficient,C= (enter an overide C-5 value if desired,or leave blank to accept calculated C-5.) Illustration 510 LEGEND !teach 1 Reach 2 0 Beginnung Flow Direction -- Reach Catchment Boundary NRCS Land Heavy Till e/ Short Nearl y Grassed Paved Areas& Type Meadow Fied Pasture/ Bare Swales/ Shallow Paved Swales Lawns Ground Waterways (Sheet Flow) conveyance 2.5 7 10 15 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Time Coeff ance V Tf tuft ft C-5 fps minutes input input output input output output Overland 0.26 N/A 0.00 0.00 1 2 3 4 5 Sum 0 Computed Tc= 0.00 Regional Tc= 10.00 User-Entered Tc= 5.00 IV. Peak Runoff Prediction Rainfall Intensity at Computed Tc,I= inch/hr Peak Flowrate,Op= cfs Rainfall Intensity at Regional Tc,I= inch/hr Peak Flowrate,Op= cfs Rainfall Intensity at User-Defined Tc,I= 5.89 inch/hr Peak Flowrate,Qp= 0.85 cfs 100-YR OS-4.KIs,Tc and PeakO 11/20/2013,10:21 AM CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD Project Title: ASPEN CLUB Catchment ID: OS 5100-YR I. Catchment Hydrologic Data Catchment ID=OS-5 Area= 0.32 Acres Percent Imperviousness= 17.00 % NRCS Soil Type;.= B A,B,C,or D II. Rainfall Information I(inch/hr)=C1.P1/(C2+Td)AC3 Design Storm Return Period,Tr= 100 years (input return period for design storm) C1= 29.50 (input the value of Cl) C2= 10.00 (input the value of C2) C3= 0.789 (input the value of C3) P1= 1.69 inches (input one-hr precipitation--see Sheet"Design Info") Ill.Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient,C= 0.43 Overide Runoff Coefficient,C= (enter an overide C value if desired,or leave blank to accept calculated C.) 5-yr.Runoff Coefficient,C-5= 0.18 Overide 5-yr.Runoff Coefficient,C= (enter an overide C-5 value if desired,or leave blank to accept calculated C-5.) Illustration ! overland LEGEND Reach 1 tt,�. Reach 2 Q Beoming Flew Directio E catch a .t Reach 3 Boundary. NRCS Land Heavy Tillage/ Short Nearly Grassed Paved Areas& Type Meadow Field Pasture/ Bare Swales/ Shallow Paved Swales Lawns Ground Waterwa s (Sheet Flow) Conveyance= 2.5 07 10 15 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Time Coeff ance V Tf ft/ft ft C-5 fps minutes input input output input output output Overland 0.18 N/A 0.00 0.00 1 2 3 4 5 Sum 0 Computed Tc= 0.00 Regional Tc= 10.00 User-Entered Tc= 5.00 IV. Peak Runoff Prediction Rainfall Intensity at Computed Te,I= inch/hr Peak Flowrate,Op= cfs Rainfall Intensity at Regional Tc,I= inch/hr Peak Flowrate,Qp= cfs Rainfall Intensity at User-Defined Tc,I= 5.89 inch/hr Peak Flowrate,Op= 0.81 cfs 100-YR OS-5.As,Tc and PeakQ 11/20/2013,10:19 AM CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD Project Title: ASPEN CLUB Catchment ID: OS 6100-YR I. Catchment Hydrologic Data Catchment ID=OS-6 Area= 0.25 Acres Percent Imperviousness= 44.00% NRCS Soil Type= B A,B,C,or D II. Rainfall Information I(inch/hr)=C1*Pi/(C2+Td)AC3 !) . Design Storm Return Period,Tr= 100 years (input return period for design storm) w. C1 = 29.50 (input the value of Cl) C2= 10.00 (input the value of C2) C3= 0.789 (input the value of C3) 4`;r ` �. P1= 1.69 inches (input one-hr precipitation--see Sheet"Design Info") K� + III. Analysis of Flow Time(Time of Concentration)for a Catchmente� Runoff Coefficient,C= 0.51 Overide Runoff Coefficient,C= (enter an overide C value if desired,or leave blank to accept calculated C.) 5-yr.Runoff Coefficient,C-5= 0.32 Overice 5-yr.Runoff Coefficient,C= (enter an overide C-5 value if desired,or leave blank to accept calculated C-5.) Illustration ` overland LEGEND Reach 1 flaw Reach 2 Q Begitmufg Flow Directio Reach 3 Catchment Boundary NRCS Land Heavy Tills e/ Short Nearly Grassed Paved Areas& Type Meadow Field Pasture/ Bare Swales/ Shallow Paved S)ales Lawns Ground Waterwa s Sheet Flow Conveyancee 2.5 0-7 10 15 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Time Coeff ance V Tf Tit ft C-5 fps minutes input input output input output output Overland 0.32 N/A 0.00 0.00 1 2 3 4 5 Sum 0 Computed Tc= 0.00 Regional Tc= 10.00 User-Entered Tc IV. Peak Runoff Prediction Rainfall Intensity at Computed Tc,I= inch/hr Peak Flowrate,Qp= cfs Rainfall Intensity at Regional Tc,I= inch/hr Peak Flowrate,Qp= cfs Rainfall Intensity at User-Defined Tc,I= 5.89 inch/hr Peak Flowrate,Qp= 0.76 cfs 100-YR OS-6.:Kls,Tc and PeakQ 11/20/2013,10:22 AM CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD Project Title: ASPEN CLUB Catchment ID: BASIN 1 10-YR I. Catchment Hydrologic Data Catchment ID= BASIN 1 Area= 0.18 Acres Percent Imperviousness= 87.0 % NRCS Soil Type L= B A,B,C,or D 11. Rainfall Information I(inch/hr)=C1'P1/(C2+Td)AC3 Design Storm'Return Period,Tr= 10 years (input return period for design storm) C1 = 29.50 (input the value of Cl) C2= 10.00 (input the value of C2) C3= 0.789 (input the value of C3) P1= 1.20 inches (input one-hr precipitation--see Sheet"Design Info") Ill.Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient,C= 0.71 Overide Runoff Coefficient,C= (enter an overide C value if desired,or leave blank to accept calculated C.) 5-yr.Runoff Coefficient,C-5= 0.68 Overide 5-yr.Runoff Coefficient,C= (enter an overide C-5 value if desired,or leave blank to accept calculated C-5.) Illustration overland LEGEND Reach 1 gam. Reach 2 Q B* ,. Flow Direction E Catchme Reach 3 nt Boundary NRCS Land [_H_eavy_� Tilla e/ Short Nearly Grassed Paved Areas& Type Meadow Field Pasture/ Bare Swales/ Shallow Paved Swales Lawns Ground lWaterwaysl (Sheet Flow) Conveyance 2.5 � 7 10 15 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Time Coeff ance V Tf ft/ft ft C-5 fps minutes input input output input output output Overland 0.68 N/A 0.00 0.00 1 2 3 4 5 Sum 0 Computed Tc= 0.00 Regional Tc= 10.00 User-Entered Tc IV. Peak Runoff Prediction Rainfall Intensity at Computed Tc,I= inch/hr Peak Flowrate,Op= cfs Rainfall Intensity at Regional Tc,I= inch/hr Peak Flowrate,Qp= cfs Rainfall Intensity at User-Defined Tc,I= 4.18 inch/hr Peak Flowrate,Op= 0.53 cfs 10-YR BASIN-1.xls,Tc and PeakQ 11/20/2013,11:12 AM CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD Project Title: ASPEN CLUB Catchment ID: BASIN 210-YR 1. Catchment Hydrologic Data Catchment ID= BASIN 2 Area= 0.39 Acres Percent Imperviousness= 63.0% NRCS Soil Type,.= B A,B,C,or D II. Rainfall Information I(inch/hr)=C1*P1/(C2+Td)AC3 Design Storm Return Period,Tr= 10 years (input return period for design storm) C1 = 29.50 (input the value of Cl) C2= 10.00 (input the value of C2) C3= 0.789 (input the value of C3) P1= 1.20 inches (input one-hr precipitation--see Sheet"Design Info") III. Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient,C= 0.48 Overide Runoff Coefficient,C= (enter an overide C value if desired,or leave blank to accept calculated C.) 5-yr.Runoff Coefficient,C-5= 0.43 Overice 5-yr.Runoff Coefficient,C= (enter an overide C-5 value if desired,or leave blank to accept calculated C-5.) Illustration ! avaIland LEGEND Reach 1 }�. Reach 2 O Bed Flaw Direction E Catchment Reach 3 gamey NRCS Land Hea Tilla e/ Short Nearly Grassed Paved Areas& YP 9 Y Type Meadow Field Pasture/ Bare Swales/ Shallow Paved Swales Lawns I Ground Waterways (Sheet Flow) Conveyance 2.5 E= 16 15 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Time Coeff ance V Tf ft/ft It C-5 fps minutes input input output input output output Overland 0.43 N/A 0.00 0.00 1 2 3 4 5 Sum 0 Computed Tc= 0.00 Regional Tc= 10.00 User-Entered Tc= 5.00 IV. Peak Runoff Prediction Rainfall Intensity at Computed Tc,I= inch/hr Peak Flowrate,Qp= cfs Rainfall Intensity at Regional Tc,I= inch/hr Peak Flowrate,Qp= cfs Rainfall Intensity at User-Defined Tc,I= 4.18 inch/hr Peak Flowrate,Qp= 0.78 cfs 10-YR BASIN-2.xls,Tc and PeakQ 11/20/2013,11:13 AM CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD Project Title: ASPEN CLUB Catchment ID: BASIN 310-YR I. Catchment Hydrologic Data Catchment ID= BASIN 3 Area= 0.50 Acres Percent Imperviousness= 72.0 % NRCS Soil Type,= B A,B,C,or D II. Rainfall Information I(inch/hr)=C1*Pi/(C2+Td)AC3 Design Storm Return Period,Tr= 10 years (input return period for design storm) C1 = 29.50 (input the value of C1) C2= 10.00 (input the value of C2) C3= 0.789 (input the value of C3) P1= 1.20 inches (input one-hr precipitation--see Sheet"Design Info") 111. Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient,C= 0.55 Overde Runoff Coefficient,C= (enter an overide C value if desired,or leave blank to accept calculated C.) 15-yr.Runoff Coefficient,C-5= 0.51 Overide 5-yr.Runoff Coefficient,C= (enter an overide C-5 value if desired,or leave blank to accept calculated C-5.) Illustration ' overland LEGEND Reach 1 flaw Reach 2 0 Beguaung Flaw Direction Catchment Reach 3 gO- NRCS Land Hea Tilla e/ Short Nearly Grassed Paved Areas& vY g Y Type Meadow Field Pasture/ Bare Swales/ Shallow Paved Swales Lawns Ground waterways (Sheet Flow) Conveyance 2.5 0J 7 10 15 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Time Coeff ance V Tf ft/ft ft C-5 fps minutes input input output input output output Overland 0.51 N/A 0.00 0.00 1 2 3 4 5 Sum 0 Computed Tc= 0.00 Regional Tc= 10.00 User-Entered Tc= 5.00 IV. Peak Runoff Prediction Rainfall Intensity at Computed Tc,I= inch/hr Peak Flowrate,Qp= cfs Rainfall Intensity at Regional Tc,I= inch/hr Peak Flowrate,Qp= cfs Rainfall Intensity at User-Defined Tc,I= 4.18 inch/hr Peak Flowrate,Qp= 1.16 cfs 10-YR BASIN-3.xls,Tc and PeakQ 11/20/2013,11:16 AM CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD Project Title: ASPEN CLUB Catchment ID: BASIN 410-YR I. Catchment Hydrologic Data Catchment ID= BASIN 4 Area= 0.20 Acres Percent Imperviousness= 62.0 % NRCS Sal Type, B A,B,C,or D II. Rainfall Information I(Inch/hr)=C1'P1/(C2+Td)AC3 Design Storm Return Period,Tr= 10 years (input return period for design stone) C1 = 29.50 (input the value of CI) C2= 10.00 (input the value of C2) C3= 0.789 (input the value of C3) P1= 1.20 inches (input one-hr precipitation--see Sheet"Design Info") III.Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient,C= 0.47 Cveride Runoff Coefficient,C= (enter an overide C value if desired,or leave blank to accept calculated C.) 5-yr.Runoff Coefficient,C-5= 0.43 Overids 5-yr.Runoff Coefficient,C= (enter an overide C-5 value if desired,or leave blank to accept calculated C-5.) Illustration overland LEGEND Reach 1 tom. Reach 2 O Bey Flaw Direction E-- catc]m At Reach 3 20--d- NRCS Land Heavy I Tillage/ Short Nearly Grassed Paved Areas& Type Meadow Field Pasture/ Bare Swales/ Shallow Paved Swales Lawns Ground Waterwa s Sheet Flow Conveyance 2.5 E 10 15 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Time Coeff ance V Tf ft/ft It C-5 fps minutes input input output input output output Overland 0.43 N/A 0.00 0.00 1 2 3 4 5 Sum 0 Computed Tc= 0.00 Regional Tc= 10.00 User-Entered Tc IV. Peak Runoff Prediction Rainfall Intensity at Computed Tc,I= inch/hr Peak Flowrate,Qp= cfs Rainfall Intensity at Regional Tc,I= inch/hr Peak Flowrate,Qp= cfs Rainfall Intensity at User-Defined Tc,I= 4.18 inch/hr Peak Flowrate,Qp= 0.39 cfs 10-YR BASIN-4.xls,Tc and PeakO 11/20/2013,11:17 AM CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD Project Title: ASPEN CLUB Catchment ID: BASIN 510-YR I. Catchment Hydrologic Data Catchment ID= BASIN 5 Area= 0.13 Acres Percent Imperviousness= 65.0% NRCS Soil TYPe,= B A,B,C,or D II. Rainfall Information I(inch/hr)=C1*P1/(C2+Td)AC3 Design Storm Return Period,Tr= 10 years (input return period for design storm) C1 = 29.50 (input the value of Cl) C2= 10.00 (input the value of C2) C3= 0.789 (input the value of C3) P1= 1.20 inches (input one-hr precipitation--see Sheet"Design Info") Ill. Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient,C= 0.49 Overide Runoff Coefficient,C= (enter an overide C value if desired,or leave blank to accept calculated C.) 5-yr.Runoff Coefficient,C-5= 0.45 Overide 5-yr.Runoff Coefficient,C= (enter an overide C-5 value if desired,or leave blank to accept calculated C-5.) Illustration overland LEGEND Reach t How Reach 2 0 Benin Flaw Direcdo Catehment Reach 3 Boundary NRCS Land Hea Tillage/ Short Neari Grassed Paved Areas& �� g y Type Meadow Field Pasture/ Bare Swales/ Shallow Paved Swales Lawns Ground Waterwa s (Sheet Flow) Conveyance= 2.5 0J7 10 15 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Time Coeff ance V Tf ft/ft ft C-5 fps minutes input input output input output output Overland 0.45 N/A 0.00 0.00 1 2 3 4 5 Sum 0 Computed Tc= 0.00 Regional Tc= 10.00 User-Entered Tc IV. Peak Runoff Prediction Rainfall Intensity at Computed Tc,I= inch/hr Peak Flowrate,Op= cfs Rainfall Intensity at Regional Tc,I= inch/hr Peak Flowrate,Op= cfs Rainfall Intensity at User-Defined Tc,I= 4.18 inch/hr Peak Flowrate,Op= 0.27 cfs 10-YR BASIN-5.xis,Tc and PeakQ 11/20/2013,11:18 AM CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD Project Title: ASPEN CLUB Catchment ID: BASIN 610-YR I. Catchment Hydrologic Data Catchment ID= BASIN 6 Area= 0.15 Acres Percent Imperviousness= 89.0 % NRCS Soil Type,= B A,B,C,or D II. Rainfall Information I(inch/hr)=C1"P1/(C2+Td)AC3 Design Storm Return Period,Tr= 10 years (input return period for design storm) C1 = 29.50 (input the value of Cl) C2= 10.00 (input the value of C2) C3= 0.789 (input the value of C3) P1= 1.20 inches (input one-hr precipitation--see Sheet"Design Info") 111.Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient,C= 0.74 Overide Runoff Coefficient,C= (enter an overide C value if desired,or leave blank to accept calculated C.) 5-yr.Runoff Coefficient,C-5= 0.71 Overide 5-yr.Runoff Coefficient,C= (enter an overide C-5 value if desired,or leave blank to accept calculated C-5.) Illustration aveTland LEGEND Reach 1 f]eYS. Reach 2 O Be*dn F1mv Dimctio 14 catchment Reach 3 Boundary NRCS Land IF_H`eav­y__JJ Til la e/ Short Nearl Grassed Paved Areas 8 g �� Type Meadow Field Pasture/ Bare Swales/ Shallow Paved Swales Lawns Ground Waterways (Sheet Flaw) Conve ance 2.5 [ ==E=115 1 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Time Coeff ance V Tf tuft ft C-5 fps minutes input input output input output output Overland 0.71 N/A 0.00 0.00 1 2 3 4 5 Sum 0 Computed Tc= 0.00 Regional Tc= 10.00 User-Entered Tc= 5.00 IV. Peak Runoff Prediction Rainfall Intensity at Computed Tc,I= inch/hr Peak Flowrate,Qp= cfs Rainfall Intensity at Regional Tc,I= inch/hr Peak Flowrate,Op= cfs Rainfall Intensity at User-Defined Tc,I= 4.18 inch/hr Peak Flowrate,Qp= 0.45 cfs 10-YR BASIN-6.xls,Tc and PeakQ 11/20/2013,11:18 AM CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD Project Title: ASPEN CLUB Catchment ID: BASIN 710-YR I. Catchment Hydrologic Data Catchment ID= BASIN 7 Area= 0.89 Acres Percent Imperviousness= 90.0% NRCS Soil Typey= B A,B,C,or D II. Rainfall Information I(inch/hr)=C1"P1/(C2+Td)AC3 Design Storm Return Period,Tr= 10 years (input return period for design storm) C1 - 29.50 (input the value of Cl) C2= 10.00 (input the value of C2) C3= 0.789 (input the value of C3) P1= 1.20 inches (input one-hr precipitation--see Sheet"Design Info") Ill.Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient,C= 0.75 Overide Runoff Coefficient,C= (enter an overide C value if desired,or leave blank to accept calculated C.) .5-yr.Runoff Coefficient,C-5= 0.73 Overide 5-yr.Runoff Coefficient,C= (enter an overide C-5 value if desired,or leave blank to accept calculated C-5.) Illustration O1"BTlana LEGEND Rauh 1 flow Reach 2 Q Reen i g Flaw Direction E Catchment Reach 3 Beery NRCS Land Hea Tillage/ Short Near) Grassed Paved Areas& "Y 9 Y Type Meadow Field Pasture/ Bar Shallow Paved Swales Lawns Ground Waterwa s (Sheet Flow) Conveyance 2.5 M:=E=E10 E=l 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Time Coeff ance V Tf ft/ft ft C-5 fps minutes input input output input output output Overland 0.73 N/A 0.00 0.00 1 2 3 4 5 Sum 0 Computed Tc= 0.00 Regional Tc= 10.00 User-Entered Tc= 5.00 IV. Peak Runoff Prediction Rainfall Intensity at Computed Tc,I= inch/hr Peak Flowrate,Qp= cfs Rainfall Intensity at Regional Tc,I= inch/hr Peak Flowrate,Op= cfs Rainfall Intensity at User-Defined Tc,I= 4.18 inch/hr Peak Flowrate,Op= 2.81 cfs 10-YR BASIN-7.xis,Tc and PeakQ 11/20/2013,11:19 AM CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD Project Title: ASPEN CLUB Catchment ID: BASIN 810-YR I. Catchment Hydrologic Data Catchment ID= BASIN 8 Area= 0.73 Acres Percent Imperviousness= 77.0% NRCS Soil Type, B A,B,C,or D II. Rainfall Information 1(Inch/hr)=C1*P1/(C2+Td)AC3 Design Storm Return Period,Tr= 10 years (input return period for design storm) C1 = 29.50 (input the value of Cl) C2= 10.00 (input the value of C2) C3= 0.789 (input the value of C3) P1= 1.20 inches (input one-hr precipitation--see Sheet"Design Info") III. Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient,C= 0.60 Overide Runoff Coefficient,C= (enter an overide C value if desired,or leave blank to accept calculated C.) 5-yr.Runoff Coefficient,C-5= 0.56 Overide 5-yr.Runoff Coefficient,C= (enter an overide C-5 value if desired,or leave blank to accept calculated C-5.) Illustration ° r LEGEND Reach 1 flow Reach 2 Q Heemdn Flow Direction 4 catdu nt Reath 3 Re--a-7 NRCS Land Hea T115E e/ Short Nearf Grassed Paved Areas& Type Meadow Fied Pasture/ Bare Swales/ Shallow Paved Swales Lawns Ground Waterways (Sheet Flow) Conveyance 2.5 07 10 15 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Time Coeff ance V Tf Wit ft C-5 fps minutes input input output input output output Overland 0.56 N/A 0.00 0.00 1 2 3 4 5 Sum 0 Computed Tc= 0.00 Regional Tc= 10.00 User-Entered Tc IV. Peak Runoff Prediction Rainfall Intensity at Computed Tc,I= inch/hr Peak Flowrate,Qp= cfs Rainfall Intensity at Regional Tc,I= inch/hr Peak Flowrate,Qp= cis Rainfall Intensity at User-Defined Tc,I= 4.18 inch/hr Peak Flowrate,Qp= 1.82 cfs 10-YR BASIN••8.xls,Tc and PeakQ 11/20/2013,11:20 AM CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD Project Title: ASPEN CLUB Catchment ID: BASIN 910-YR I. Catchment Hydrologic Data Catchment ID= BASIN 9 Area= 0.04 Acres Percent Imperviousness= 30.0% NRCS Soil Type B A,B,C,or D II. Rainfall Information I(inch/hr)=C1'P1/(C2+Td)AC3 Design Storm Return Period,Tr= 10 years (input return period for design storm) C1 = 29.50 (input the value of Cl) C2= 10.00 (input the value of C2) C3= 0.789 (input the value of C3) P1= 1.20 inches (input one-hr precipitation--see Sheet"Design Info") Ill.Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient,C= 0.32 Overide Runoff Coefficient,C= (enter an overide C value if desired,or leave blank to accept calculated C.) 5-yr.Runoff Coefficient,C-5= 0.25 Overida 5-yr.Runoff Coefficient,C= (enter an overide C-5 value if desired,or leave blank to accept calculated C-5.) Illustration O1"Q1land LEGEND Reach 1 }yam. Reach 2 Q a nning Flaw Direction Catchment Reach 3 Bogy NRCS Land Heavy Tillage/ Short Nearl Grassed Paved Areas 11 Type Meadow Field Pasture/ Bare Swales/ Shallow Paved Swales Lawns Ground 'atenva (Sheet Flow) Conveyance I 00 Z 10 15 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Time Coeff ance V Tf Wit It C-5 fps minutes input input output input output output Overland 0.25 N/A 0.00 0.00 1 2 3 4 5 Sum 0 Computed Tc= 0.00 Regional Tc= 10.00 User-Entered Tc= 5.00 IV. Peak Runoff Prediction Rainfall Intensity at Computed Tc,I= inch/hr Peak Flowrate,Qp= cfs Rainfall Intensity at Regional Tc,I= inch/hr Peak Flowrate,Qp= cis Rainfall Intensity at User-Defined Tc,I= 4.18 inch/hr Peak Flowrate,Qp= 0.05 cis 10-YR BASIN-9.xis,Tc and PeakQ 11/20/2013,11:20 AM CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD Project Title: ASPEN CLUB Catchment ID: BASIN 1010-YR I. Catchment Hydrologic Data Catchment ID= BASIN 10 Area= 0.06 Acres Percent Imperviousness= 21.0% NRCS Soil Type,= B A,B,C,or D 11. Rainfall Information I(inch/hr)=C1*P1/(C2+Td)AC3 Design Storm Return Period,Tr= 10 years (input return period for design storm) C1= 29.50 (input the value of Cl) C2= 10.00 (input the value of C2) C3= 0.789 (input the value of C3) P1= 1.20 inches (input one-hr precipitation--see Sheet"Design Info") Ill. Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient,C= 0.28 Cveride Runoff Coefficient,C= (enter an overide C value if desired,or leave blank to accept calculated C.) 5-yr.Runoff Coefficient,C-5= 0.20 Overide 5-yr.Runoff Coefficient,C= (enter an overide C-5 value if desired,or leave blank to accept calculated C-5.) Illustration -overland LEGEND Reach 1 flaw Reach Z O Beginning Flaw Direction catehreent Reach 3 Boundary NRCS Land Hea TiIIa :e/ Short Nearl Grassed Paved Areas& vY 9 Y Type Meadow Fiel Pasture/ Bare Swales/ Shallow Paved Swales Lawns Ground Waterways (Sheet Flow) conveyance 2.5 0== 10 15 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Time Coeff ance V Tf Wit It C-5 fps minutes input input output input output output Overland 0.20 N/A 0.00 0.00 1 2 3 4 5 Sum 0 Computed Tc= 0.00 Regional Tc= 10.00 User-Entered Tc= 5.00 IV. Peak Runoff Prediction Rainfall Intensity at Computed Tc,I= inch/hr Peak Flowrate,Qp= cfs Rainfall Intensity at Regional Tc,I= inch/hr Peak Flowrate,Qp= cfs Rainfall Intensity at User-Defined Tc,I= 4.18 inch/hr Peak Flowrate,Qp= 0.07 cfs 10-YR BASIN-10.xls,Tc and PeakQ 11/20/2013,11:21 AM CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD Project Title: ASPEN CLUB Catchment ID: BASIN 11 10-YR I. Catchment Hydrologic Data Catchment ID= BASIN 11 Area= 0.17 Acres Percent Imperviousness= 47.0 % NRCS Soil Type= B A,B,C,or D IL Rainfall Information I(Inch/hr)=C1*P1/(C2+Td)^C3 Design Storm Return Period,Tr= 10 years (input return period for design storm) C1 = 29.50 (input the value of C1) C2= 10.00 (input the value of C2) C3= 0.789 (input the value of C3) P1= 1.20 inches (input one-hr precipitation--see Sheet"Design Info") III. Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient,C= 0.39 Overide Runoff Coefficient,C= (enter an overide C value if desired,or leave blank to accept calculated C.) 5-yr.Runoff Coefficient,C-5= 0.33 Ove de 5-yr.Runoff Coefficient,C= (enter an overide C-5 value if desired,or leave blank to accept calculated C-5.) Illustration overland LEGEND Reach 1 flow Reach 2 0 B oming Flow Directio Catelunent Reach 3 NRCS Land Heavy Tillage/ Short Nearf Grassed Paved Areas 8 Type Meadow Field Pasture/ Bare Swales/ Shallow Paved Swales Lawns Ground Waterwa s (Sheet Flow) Conveyance= 2.5 E_5 15 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Tme Coeff ance V Tf ft/ft It C-5 fps minutes input input output input output output Overland 0.33 N/A 0.00 0.00 1 2 3 4 5 Sum 0 Computed Tc= 0.00 Regional Tc= 10.00 User-Entered Tc= 5.00 IV. Peak Runoff Prediction Rainfall Intensity at Computed Tc,I= inch/hr Peak Flowrate,Qp= cfs Rainfall Intensity at Regional Tc,I= inch/hr Peak Flowrate,Qp= cfs Rainfall Intensity at User-Defined Tc,I= 4.18 inch/hr Peak Flowrate,Qp= 0.28 cfs 10-YR BASIN-11.x1s,Tc and PeakO 11/20/2013,11:22 AM CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD Project Title: ASPEN CLUB Catchment ID: BASIN 1210-YR 1. Catchment Hydrologic Data Catchment ID= BASIN 12 Area= 0.21 Acres Percent Imperviousness= 69.0 % NRCS Soil Type,= B A,B,C,or D II. Rainfall Information I(Inch/hr)=C1`P1/(C2+Td)AC3 Design Storm Return Period,Tr= 10 years (input return period for design storm) C1 = 29.50 (input the value of Cl) C2= 10.00 (input the value of C2) C3= 0.789 (input the value of C3) P1= 1.20 inches (input one-hr precipitation--sea Sheet"Design Info") III. Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient,C= 0.52 ,f, ' Overide Runoff Coefficient,C= (enter an overide C value if desired,or leave blank to accept calculi C.) 5-yr.Runoff Coefficient,C-5= 0.48 Overide 5-yr.Runoff Coefficient,C= (enter an overide C-5 value if desired,or leave blank to accept calc Illustration Re overland LEGEND Reach 1 flow Reach 2 0 Hegimung Flow Directio f Catchment Reach 3 Boundary NRCS Land Heavy Tilla e/ Short Nearly Grassed Paved Areas& Type Meadow Fied Pasture/ Bare Swales! Shallow Paved Swales Lawns Ground Waterways (Sheet Flow) Conveyance 2.5 0 10 15 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Time Coeff ance V Tf tuft It C-5 fps minutes input input output input output output Overland 0.48 N/A 0.00 0.00 1 2 3 4 5 Sum 0 Computed Tc= 0.00 Regional Tc= 10.00 User-Entered Tc= 5.00 IV. Peak Runoff Prediction Rainfall Intensity at Computed Tc,I= inch/hr Peak Flowrate,Qp= CIS Rainfall Intensity at Regional Tc,I= inch/hr Peak Flowrate,Qp= CIS Rainfall Intensity at User-Defined Tc,I= 4.18 inch/hr Peak Flowrate,Qp= 0.46 cfs 10-YR BASIN-12.xls,Tc and PeakQ 11/20/2013,11:22 AM CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD Project Title: ASPEN CLUB Catchment ID: BASIN 1 100-YR I. Catchment Hydrologic Data Catchment ID= BASIN 1 Area= 0.18 Acres Percent Imperviousness= 87.0% NRCS Soil Type,= B A,B,C,or D II. Rainfall information I(inch/hr)=C1*P1/(C2+Td)AC3 Design Storm Return Period,Tr= 100 years (input return period for design storm) C1 = 29.50 (input the value of CI) C2= 10.00 (input the value of C2) C3= 0.789 (input the value of C3) P1= 1.69 inches (input one-hr precipitation--see Sheet"Design Info") III. Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient,C= 0.77 Ovedde Runoff Coefficient,C= (enter an overide C value if desired,or leave blank to accept calculated C.) 5-yr. Runoff Coefficient,C-5= 0.68 Overicle 5-yr.Runoff Coefficient,C= (enter an overide C-5 value if desired,or leave blank to accept calculated C-5.) Illustration overland LEGEND Reach 1 flow Reach 2 O Big Flow Direction catchment Reach 3 ROIL_,_, NRCS Land Hea Tilla e/ Short Nearl Grassed Paved Areas& Type Meadow Field Pasture/ Bare Swales/ Shallow Paved Swales vY 9 Y Lawns Ground Waterways (Sheet Flow) Conveyance 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Time Coeff ance V Tf Wit ft C-5 fps minutes input input output input output output Overland 0.68 N/A 0.00 0.00 1 2 3 4 5 Sum 0 Computed Tc= 0.00 Regional Tc= 10.00 User-Entered Tc=1 5.00 IV. Peak Runoff Prediction Rainfall Intensity at Computed Tc,I= inch/hr Peak Flowrate,Qp= cfs Rainfall Intensity at Regional Tc,I= inch/hr Peak Flowrate,Qp= cfs Rainfall Intensity at User-Defined Tc,I= 5.89 inch/hr Peak Flowrate,Qp= 0.80 cfs 100-YR BASII4-1.xis,Tc and PeakQ 11/20/2013,11:29 AM CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD Project Title: ASPEN CLUB Catchment ID: BASIN 2100-YR 1. Catchment Hydrologic Data Catchment ID= BASIN 2 Area= 0.39 Acres Percent Imperviousness= 63.0 % NRCS Soil Type,,= B A,B,C,or D II. Rainfall Information I(inch/hr)=C1'P1/(C2+Td)AC3 Design Storm Return Period,Tr= 100 years (input return period for design storm) C1 = 29.50 (input the value of CI) C2= 10.00 (input the value of C2) C3= 0.789 (input the value of C3) P1= 1.69 inches (input one-hr precipitation--see Sheet"Design Info") III.Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient,C= 0.58 Overide Runoff Coefficient,C= (enter an overide C value if desired,or leave blank to accept calculated C.) 5-yr.Runoff Coefficient,C-5= 0.43 Overide 5-yr.Runoff Coefficient,C= (enter an overide C-5 value if desired,or leave blank to accept calculated C-5.) Illustration ! overland LEGEND Reach 1 gap, Reach 2 O Beginning Flow Direction Reach 3 Catchment J�lBoundary NRCS Land Hea Tillage/ Short Nearl Grassed Paved Areas 1, Type Meadow Field Pasture/ Bare SwalesI Shallow Paved S>ales Lawns Ground Watenva s Sheet Flow Conveyance 2.5 07 10 15 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Time Coeff ance V Tf ft/ft ft C-5 fps minutes input input output input output output Overland 0.43 N/A 0.00 0.00 1 2 3 4 5 Sum 0 Computed Tc= 0.00 Regional Tc= 10.00 User-Entered Tc= 5.00 IV. Peak Runoff Prediction Rainfall Intensity at Computed Tc,I= inch/hr Peak Flowrate,Qp= cfs Rainfall Intensity at Regional Tc,I= inch/hr Peak Flowrate,Qp= cfs Rainfall Intensity at User-Defined Tc,I= 5.89 inch/hr Peak Flowrate,Qp= 1.32 cfs 100-YR BASIN-2.xls,Tc and PeakQ 11/20/2013,11:29 AM CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD Project Title: ASPEN CLUB Catchment ID: BASIN 3100-YR I. Catchment Hydrologic Data Catchment ID= BASIN 3 Area= 0.50 Acres Percent Imperviousness= 72.0 % NRCS Soil Type= B A,B,C,or D II. Rainfall Information 1(inch/hr)=C1"P1/(C2+Td)AC3 Design Storm Return Period,Tr= 100 years (input return period for design storm) C1 = 29.50 (input the value of Cl) C2= 10.00 (input the value of C2) C3= 0.789 (input the value of C3) P1= 1.69 inches (input one-hr precipitation--see Sheet"Design Info") III. Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient,C= 0.63 Overide Runoff Coefficient,C= (enter an overide C value if desired,or leave blank to accept calculated C.) 5-yr.Runoff Coefficient,C-5= 0.51 Overide 5-yr. Runoff Coefficient,C= (enter an overide C-5 value if desired,or leave blank to accept calculated C-5.) Illustration Overland LEGEND Reach 1 }may Reach 2 Q Beemning Flow Directia F caielu t Reach 3 Boundary NRCS Land f Heavy Tillage/ Short Nearly Grassed Paved Areas& Type Meadow Fied Pasture/ Bare Swales� Shallow Paved S)ales Lawns Ground Waterwa s Sheet Flow Conveyance 15 E 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Time Coeff ance V Tf full: It C-5 fps minutes input input output input output output Overland 0.51 N/A 0.00 0.00 1 2 3 4 5 Sum 0 Computed Tc= 0.00 Regional Tc= 10.00 User-Entered Tc= 5.00 IV. Peak Runoff Prediction Rainfall Intensity at Computed Tc,I= inch/hr Peak Flowrate,Qp= cfs Rainfall Intensity at Regional Tc,I= inch/hr Peak Flowrate,Qp= cfs Rainfall Intensity at User-Defined Tc,I= 5.89 inch/hr Peak Flowrate,Qp= 1.88 cfs 100-YR BASIN-3.xls,Tc and PeakQ 11/20/2013,11:27 AM CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD Project Title: ASPEN CLUB Catchment ID: BASIN 4100-YR I. Catchment Hydrologic Data Catchment ID= BASIN 4 Area= 0.20 Acres Percent Imperviousness= 62.0% NRCS Soil Typq= B A,B,C,or D II. Rainfall Information I(inch/hr)=C1.P1/(C2+Td)AC3 Design Storm Return Period,Tr= 100 years (input return period for design storm) C1 = 29.50 (input the value of C1) C2= 10.00 (input the value of C2) C3= 0.789 (input the value of C3) P1= 1.69 inches (input one-hr precipitation--see Sheet"Design Info") III. Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient,C= 0.57 Overide Runoff Coefficient,C= (enter an overide C value if desired,or leave blank to accept calculated C.) 5-yr.Runoff Coefficient,C-5= 0.43 Overide 5-yr. Runoff Coefficient,C= (enter an overide C-5 value if desired,or leave blank to accept calculated C-5.) Illustration overland LEGEND Reach 1 tyoy Reach 2 0 Beoming Flaw Direction 4 Catchment Reach 3 Boundary NRCS Land F Heavy Tillage/ Short Nearly Grassed Paved Areas& Type Meadow Field Pasture/ Bare Swales/ Shallow Paved Swales Lawns Ground Waterways (Sheet Flow) conveyance_ 2.5 [5 E10 E15 l 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Time Coeff ance V Tf ft/ft ft C-5 fps minutes input input output input output output Overland 0.43 N/A 0.00 0.00 1 2 3 4 5 Sum 0 Computed Tc= 0.00 Regional Tc= 10.00 User-Entered Tc=1 5.00 IV. Peak Runoff Prediction Rainfall Intensity at Computed Tc,I= inch/hr Peak Flowrate,Op= cfs Rainfall Intensity at Regional Tc,I= inch/hr Peak Flowrate,Op= cfs Rainfall Intensity at User-Defined Tc,I= 5.89 inch/hr Peak Flowrate,Op= 0.66 cfs 100-YR BASIV-4.xis,Tc and PeakO 11/20/2013,11:26 AM CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD Project Title: ASPEN CLUB Catchment ID: BASIN 5100-YR I. Catchment Hydrologic Data Catchment ID= BASIN 5 Area= 0.13 Acres Percent Imperviousness= 65.0% NRCS Soil Type= B A,B,C,or D II. Rainfall Information I(inch/hr)=C1*P1/(C2+Td)AC3 Design Storm Return Period,Tr= 100 years (input return period for design storm) Ci = 29.50 (input the value of C1) C2= 10.00 (input the value of C2) C3= 0.789 (input the value of C3) P1= 1.69 inches (input one-hr precipitation--see Sheet"Design Info") III. Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient,C= 0.59 Overide Runoff Coefficient,C= (enter an overide C value if desired,or leave blank to accept calculated C.) 5-yr.Runoff Coefficient,C-5= 0.45 Overide 5-yr.Runoff Coefficient,C= (enter an overide C-5 value if desired,or leave blank to accept calculated C-5.) Illustration ! overland LEGEND Reach 1 fly Reach 2 10 Beomd g Flow Directia 1 Catchment Reach 3 NRCS Land Heavy Tilla e/ Short Nearly Grassed Paved Areas& Type Meadow i Field Pasture/ Bare Swales/ Shallow Paved S)ales Lawns Ground Waterways Sheet Flow Conve ance 2.5 r— 10 15 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Time Coeff ance V Tf ft/ft It C-5 fps minutes input input output input output output Overland 0.45 N/A 0.00 0.00 1 2 3 4 5 Sum 0 Computed Tc= 0.00 Regional Tc= 10.00 User-Entered Tc= 5.00 IV. Peak Runoff Prediction Rainfall Intensity at Computed Tc,I= inch/hr Peak Flowrate,Qp= cfs Rainfall Intensity at Regional Tc,I= inch/hr Peak Flowrate,Qp= cfs Rainfall Intensity at User-Defined Tc,I= 5.89 inch/hr Peak Flowrate,Qp= 0.46 cfs 100-YR BASIN-5.xls,Tc and PeakQ 11/20/2013,11:28 AM CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD Project Title: ASPEN CLUB Catchment ID: BASIN 6100-YR I. Catchment Hydrologic Data Catchment ID= BASIN 6 Area= 0.15 Acres Percent Imperviousness= 89.0 % NRCS Soil Type, B A,B,C,or D II. Rainfall Information I(Inch/hr)=C1'P1/(C2+Td)AC3 Design Storm Return Period,Tr= 100 years (input return period for design storm) C1= 29.50 (input the value of Ci) C2= 10.00 (input the value of C2) C3= 0.789 (input the value of C3) P1= 1.69 inches (input one-hr precipitation--see Sheet"Design Info") III. Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient,C= 0.80 Overide Runoff Coefficient,C= (enter an overide C value if desired,or leave blank to accept calculated C.) 5-yr.Runoff Coefficient,C-5= 0.71 Overide 5-yr.Runoff Coefficient,C= (enter an overide C-5 value if desired,or leave blank to accept calculated C-5.) Illustration dNBTiand LEGEND Reach 1 now Reach 2 0 B Flow Direction E Reach 3 Catchment Boundary NRCS Land Heavy Tillage/ Short Nearly Grassed Paved Areas& Type Meadow Field Pasture/ Bare Swales/ Shallow Paved Swales Lawns I Ground Waterways (Sheet Flow) Conve ance 2.5 00 E= 15 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Time Coeff ance V Tf ft/ft It C-5 fps minutes input input Output input output output Overland 0.71 N/A 0.00 0.00 1 2 3 4 5 Sum 0 Computed Tc= 0.00 Regional Tc= 10.00 User-Entered Tc= 5.00 IV. Peak Runoff Prediction Rainfall Intensity at Computed Tc,I= inch/hr Peak Flowrate,Op= cfs Rainfall Intensity at Regional Tc,I= inch/hr Peak Flowrate,Op= cfs Rainfall Intensity at User-Defined Tc,I= 5.89 inch/hr Peak Flowrate,Op= 0.69 cfs 100-YR BASIN-6.xls,Tc and PeakO 11/20/2013,11:27 AM CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD Project Title: ASPEN CLUB Catchment ID: BASIN 7100-YR I. Catchment Hydrologic Data Catchment ID= BASIN 7 Area= 0.89 Acres Percent Imperviousness= 90.0% NRCS Soil Types B A,B,C,or D II. Rainfall information I(inch/hr)=-C1­1211 I(C2€Td)4C3- - - - - Design Storm Return Period,Tr= 100 years (input return period for design storm) C1 = 29.50 (input the value of CI) C2= 10.00 (input the value of C2) C3= 0.789 (input the value of C3) P1= 1.69 inches (input one-hr precipitation--see Sheet"Design Info") III. Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient,C= 0.81 Overide Runoff Coefficient,C= (enter an overide C value if desired,or leave blank to accept calculated C.) 5-yr.Runoff Coefficient,C-5= 0.73 Overicle 5-yr.Runoff Coefficient,C= (enter an overide C-5 value if desired,or leave blank to accept calculated C-5.) Illustration overland LEGEND Reach 1 gam. Reach 2 O Be0nourg Flaw Dinectie Catchment Reach 3 Ha,uidarr NRCS pLand Heavy Tillage/ Short Nearly Grassed Paved Areas& T y e Meadow Field Pasture/ Bare Swales/ i Shallow Paved Swales Lawns Ground Waterways (Sheet Flow) Conveyance 2.5 7 :] 10 15 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Time Coeff ance V Tf ft/ft ft C-5 fps minutes input input output input output output Overland 0.73 N/A 0.00 0.00 1 2 3 4 5 Sum 0 Computed Tc= 0.00 Regional Tc= 10.00 User-Entered Tc IV. Peak Runoff Prediction Rainfall Intensity at Computed Tc,I= inch/hr Peak Flowrate,Op= cfs Rainfall Intensity at Regional Tc,I= inch/hr Peak Flowrate,Op= cfs Rainfall Intensity at User-Defined Tc,I= 5.89 inch/hr Peak Flowrate,Qp= 4.25 cfs 100-YR BASIN-7.xls,Tc and PeakQ 11/20/2013,11:28 AM CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD Project Title: ASPEN CLUB Catchment ID: BASIN 8100-YR I. Catchment Hydrologic Data Catchment ID= BASIN 8 Area= 0.73 Acres Percent imperviousness= 77.0 % NRCS Soil Type= B A,B,C,or D 11. Rainfall Information 1(inch/hr)=C1*P1/(C2+Td)AC3 Design Storm Return Period,Tr= 100 years (input return period for design storm) C1= 29.50 (input the value of Cl) C2= 10.00 (input the value of C2) C3= 0.789 (input the value of C3) P1= 1.69 inches (input one-hr precipitation--see Sheet"Design Info") III. Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient,C= 0.67 Overide Runoff Coefficient,C= (enter an overide C value if desired,or leave blank to accept calculated C.) 5-yr.Runoff Coefficient,C-5= 0.56 Overide 5-yr.Runoff Coefficient,C= (enter an overide C-5 value if desired,or leave blank to accept calculated C-5.) Illustration °NETS LEGEND Reach 1 tom. Reach 2 Q Bqftin Flaw Direction Catchment Reach 3 1 Boundary NRCS Land Hea Tillage/ Short Nearl Grassed Paved Areas& tY 9 �� Type Meadow Field Pasture/ Bare Swales/ Shallow Paved Swales Lawns Ground Waterways (Sheet Flow) Conve ante 2.5 E=1 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Time Coeff ance V Tf Wit ft C-5 fps minutes input input output input output output Overland 0.56 N/A 0.00 0.00 1 2 3 4 5 Sum 0 Computed Tc= 0.00 Regional Tc= 10.00 User-Entered Tc=1 5.00 IV. Peak Runoff Prediction Rainfall Intensity at Computed Tc,I= inch/hr Peak Flowrate,Qp= cfs Rainfall Intensity at Regional Tc,I= inch/hr Peak Flowrate,Qp= cfs Rainfall Intensity at User-Defined Tc,I= 5.89 inch/hr Peak Flowrate,Qp= 2.90 cfs 100-YR BASIN-8.xls,Tc and PeakQ 11/20/2013,11:26 AM CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD Project Title: ASPEN CLUB Catchment ID: BASIN 9100-YR I. Catchment Hydrologic Data Catchment ID= BASIN 9 Area= 0.04 Acres Percent Imperviousness= 30.0 % NRCS Soil Type,,= B A,B,C,or D II. Rainfall information I(inch/hr)=C1'P1/(C2+Td)AC3 Design Storm Return Period,Tr= 100 years (input return period for design storm) C1 = 29.50 (input the value of Cl) C2= 10.00 (input the value of C2) C3= 0.789 (input the value of C3) P1= 1.69 inches (input one-hr precipitation--see Sheet"Design Info") III. Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient,C= 0.47 Overide Runoff Coefficient,C= (enter an overide C value if desired,or leave blank to accept calculated C.) 5-yr.Runoff Coefficient,C-5= 0.25 Overide 5-yr.Runoff Coefficient,C= (enter an overide C-5 value if desired,or leave blank to accept calculated C-5.) Illustration ` every LEGEND Reach 1 gam. Reach 2 Q Beenn31g Flaw Direction 4 catchment Reach 3 Boundary NRCS Land Heavy Tillage/ Short Nearl y Grassed Paved Areas& Type Meadow Field Pasture/ Bare Swales/ Shallow Paved Swales Lawns Ground Waterways Sheet Flow) Conveyance 2.5 0==1=E=1 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow 10 S L Runoff Convey- Velocity Time Coeff ance V Tf tt/ft ft C-5 fps minutes input input output input output output Overland 0.25 N/A 0.00 0.00 1 2 3 4 5 Sum 0 Computed Tc= 0.00 Regional Tc= 10.00 User-Entered Tc IV. Peak Runoff Prediction Rainfall Intensity at Computed Tc,I= inch/hr Peak Flowrate,Op= cfs Rainfall Intensity at Regional Tc,I= inch/hr Peak Flowrate,Op= cfs Rainfall Intensity at User-Defined Tc,I= 5.89 inch/hr Peak Flowrate,Qp= 0.10 cfs 100-YR BASIN-9.xis,Tc and PeakQ 11/20/2013,11:25 AM CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD Project Title: ASPEN CLUB Catchment ID: BASIN 10100-YR I. Catchment Hydrologic Data Catchment ID= BASIN 10 Area= 0.06 Acres Percent Imperviousness= 21.0 % NRCS Soil Type.= B A,B,C,or D II. Rainfall Information i(inch/hr)=C1*P1/(C2+Td)AC3 Design Storm Return Period,Tr= 100 years (input return period for design storm) C1 = 29.50 (input the value of Cl) C2= 10.00 (input the value of C2) C3= 0.789 (input the value of C3) P1= 1.69 inches (input one-hr precipitation--see Sheet"Design Info") III. Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient,C= 0.44 Overide Runoff Coefficient,C= (enter an overide C value if desired,or leave blank to accept calculated C.) 5-yr.Runoff Coefficient,C-5= 0.20 Overide 5-yr.Runoff Coefficient,C= (enter an overide C-5 value if desired,or leave blank to accept calculated C-5.) Illustration overland LEGEND Reach 1 flaw Reach 2 0 Rem Flaw Direction Catchment Reach 3 Beu dww NRCS Land Hea Tilla e/ Short Nearl Grassed Paved Areas& Type Meadow Field Pasture/ Bare Swales/ Shallow Paved Swales 'N 9 Y Lawns Ground Waterwa s Sheet Flow) Conveyance 2.5 L=E=l 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Time Coeff ance V Tf ft/ft ft C-5 fps minutes input input output input output out ut Overland 0.20 N/A 0.00 0.00 1 2 3 4 5 Sum 0 Computed Tc= 0.00 Regional Tc= 10.00 User-Entered Tc= 5.00 IV. Peak Runoff Prediction Rainfall Intensity at Computed Tc,I= inch/hr Peak Flowrate,Qp= cfs Rainfall Intensity at Regional Tc,I= inch/hr Peak Flowrate,Op= CIS Rainfall Intensity at User-Defined Tc,I= 5.89 inch/hr Peak Flowrate,Op= 0.16 cfs 100-YR BASIN-10.xls,Tc and PeakQ 11/20/2013,11:24 AM CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD Project Title: ASPEN CLUB Catchment ID: BASIN 11 100-YR I. Catchment Hydrologic Data Catchment ID= BASIN 11 Area= 0.17 Acres Percent Imperviousness= 47.0 % NRCS Soil Type,- B A,B,C,or D II. Rainfall Information I(inch/hr)=C1'P1/(C2+Td)AC3 Design Storm Return Period,Tr= 100 years (input return period for design storm) C1 = 29.50 (input the value of Cl) C2= 10.00 (input the value of C2) C3= 0.789 (input the value of C3) P1= 1.69 inches (input one-hr precipitation--see Sheet"Design Info") III.Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient,C= 0.51 Overide Runoff Coefficient,C= (enter an overide C value if desired,or leave blank to accept calculated C.) 5-yr.Runoff Coefficient,C-5= 0.33 Overide 5-yr.Runoff Coefficient,C= (enter an overide C-5 value if desired,or leave blank to accept calculated C-5.) Illustration O"fland LEGEND Reach I tom. Reach 2 Q Bq*dng Flaw Direction Catchment Reach 3 Bovndvey NRCS Land Hea Tilla e/ Short Nearly Grassed Paved Areas& Type Meadow Field Pasture/ Bare Swales/ Shallow Paved Swales lawns Ground Waterwa (Sheet Flow) Conveyance 2.5 E F 10 15 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Time Coeff ance V Tf ft/ft ft C-5 fps minutes input input output input output output Overland 0.33 N/A 0.00 0.00 1 2 3 4 5 Sum 0 Computed Tc= 0.00 Regional Tc= 10.00 User-Entered Tc= 5.00 IV. Peak Runoff Prediction Rainfall.Intensity at Computed Tc,I= inch/hr Peak Flowrate,Qp= cis Rainfall Intensity at Regional Tc,I= inch/hr Peak Flowrate,Qp= cfs Rainfall Intensity at User-Defined Tc,I= 5.89 inch/hr Peak Flowrate,Qp= 0.53 cfs 100-YR BASIN-11.xis,Tc and PeakQ 11/20/2013,11:31 AM CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD Project Title: ASPEN CLUB Catchment ID: BASIN 12100-YR 1. Catchment Hydrologic Data Catchment ID= BASIN 12 Area= 0.21 Acres Percent Imperviousness= 69.0% NRCS Soil Type, B A,B,C,or D II. Rainfall Information I(inch/hr)=C1.P1/(C2+Td)AC3 Design Storm Return Period,Tr= 100 years (input return period for design storm) C1 = 29.50 (input the value of Ci) C2= 10.00 (input the value of C2) C3= 0.789 (input the value of C3) P1= 1.69 inches (input one-hr precipitation--see Sheet"Design Info") III. Analysis of Flow Time(Time of Concentration)for a Catchment Runoff Coefficient,C= 0.61 Overide Runoff Coefficient,C= (enter an overide C value if desired,or leave blank to accept calculated C.) 5-yr.Runoff Coefficient,C-5= 0.48 Overide 5-yr.Runoff Coefficient,C= (enter an overide C-5 value if desired,or leave blank to accept calculated C-5.) Illustration avert LEGEND Reach 1 fly Reach 2 0 Beeming Flaw Direction Reach 3 ovn oun a BJary NRCS Land Hea Tilla e/ Short Nearly Grassed Paved Areas& Type Meadow Field Pasture/ Bare Swales/ Shallow Paved Swales Lawns Ground Watenva s (Sheet Flow) Conveyance 2.5 E5 17 10 15 20 Calculations: Reach Slope Length 5-yr NRCS Flow Flow ID S L Runoff Convey- Velocity Time Coeff ance V Tf Wit ft C-5 fps minutes input I input output input output output Overland 0.48 N/A 0.00 0.00 1 2 3 4 5 Sum 0 Computed Tc= 0.00 Regional Tc= 10.00 User-Entered Tc= 5.00 IV. Peak Runoff Prediction Rainfall Intensity at Computed Tc,I= inch/hr Peak Flowrate,Op= cfs Rainfall Intensity at Regional Tc,I= inch/hr Peak Flowrate,Op= cfs Rainfall Intensity at User-Defined Tc,I= 5.89 inch/hr Peak Flowrate,Op= 0.76 cfs 100-YR BASIN-12.xls,Tc and PeakQ 11/20/2013,11:23 AM Channell Report Hydraffow Express E=xtension for AutoCAD®Civil 3D®2009 by Autodesk,Inc. Wednesday,Nov 20 2013 6-inch Drain Capacity @ 1% Slope Circular Highlighted Diameter (ft) = 0.50 Depth (ft) = 0.40 Q (cfs) = 0.548 Area (sqft) = 0.17 Invert Elev (ft:) = 1.00 Velocity (ft/s) = 3.26 Slope (%) = 1.00 Wetted Perim (ft) = 1.11 N-Value = 0.013 Crit Depth, Yc (ft) = 0.38 Top Width (ft) = 0.40 Calculations, EGL (ft) = 0.56 Compute by: Known Depth Known Depth (ft) = 0.40 Elev (ft) Section 2.00 1.75 1.50 1.25 1.00 -- --- -- -- ----- - - 0.75 - - --- ----- -- _ - - ---- --- 0 1 Reach (ft) Channell Report Hydraflow Express E=xtension for AutoCAD®Civil 3D®2009 by Autodesk,Inc. Wednesday,Nov 20 2013 8-inch Draiin Capacity @ 1% Slope Circular Highlighted Diameter (ft) = 0.67 Depth (ft) = 0.54 Q (cfs) = 1.205 Area (sqft) = 0.30 Invert Elev (ft) = 1.00 Velocity (ft/s) = 3.96 Slope (%) = 1.00 Wetted Perim (ft) = 1.49 N-Value = 0.013 Crit Depth, Yc (ft) = 0.52 Top Width (ft) = 0.53 Calculations EGL�ft)- = 0.78 -- - - - - - Compute by: Known Depth Known Depth (ft) = 0.54 Elev (ft) Section 2.00 1.75 1.50 1.25 1.00 --- _ - - - --- ------ _ -------- -- 0.75 ------ - 0 1 Reach (ft) Channel Report Hydraf low Express Extension for AMCAD®Civil 3D@2009 by Autodesk,Inc. Wednesday,Nov 20 2013 10-inch Drain Capacity @ 1% Slope Circular Highlighted Diameter (ft) = 0.83 Depth (ft) = 0.66 Q (cfs) = 2.108 Area (sqft) = 0.46 Invert Elev (ft) = 1.00 Velocity (ft/s) = 4.56 Slope (%) = 1.00 - Wetted Perim (ft) = 1.83 N-Value = 0.013 Crit Depth, Yc (ft) = 0.66 Top Width (ft) = 0.67 Calculation: EGL (ft) = 0.98 Compute by: Known Depth Known Depth (ft) = 0.66 Elev (ft) Section 2.00 1.75 v 1.50 1.25 1.00 ___ -- ------ ----- - - ------- --- ------ 0.75 - ----- -- —--- ---- --- - - ------ -- 0 1 Reach (ft) Channell Report Hydraf low Express Extension for AutoCAD®Civil 3D@2009 by Autodesk,Inc. Wednesday,Nov 20 2013 12-inch Drain Capacity @ 1% Slope Circular Highlighted Diameter (ft) = 1.00 Depth (ft) = 0.80 Q (cfs) = 3.482 Area (sqft) = 0.67 Invert Elev (fit) = 1.00 Velocity (ft/s) = 5.17 Slope (%) = 1.00 Wetted Perim (ft) = 2.22 N-Value = 0.013 Crit Depth, Yc (ft) = 0.80 Top Width (ft) = 0.80 Calculation: EGL (ft) = 1.22 Compute by: Known Depth Known Depth (ft) = 0.80 Elev (ft) Section Depth (fl 3.00 2.00 2.50 1.50 2.00 1.00 1.50 0.50 1.00 0.00 0.50 -0.50 0 1 2 3 Reach (ft) As en Club&Spa Subdivision/PUD/SPA Attachments SE Project No.12221.01 ATTACHMENT E Engineer's Opinion of Probable Costs Associated with Offsite ROW Improvements SOPRIS ENGINEERING • LLC civil consultants 502 Main Street Suite A3 Carbondale Colorado 81623 (970)704-0311 Fax:(970)704-0313 ENGINEER'S OPINION OF PROBABLE COST FOR LITE AVENUE IMPROVEMENTS Associated with Re-Development of Aspen Club and Spa SE JOB#:12221 11-22-2013 OFF-SITE IMPROVEMENTS ITEM# ITEM QUANTITY UNIT UNIT COST ITEM COST 1 MOBILIZATION 1 L.S. $ 17,000.00 $ 17,000 2 TRAFFIC CONTROL 1 L.S. $ 17,000.00 $ 17,000 3 EARTH WORK 1 L.S. $ 15,000.00 $ 15,000 4 IMPORT(CL 2 OR PITRUN) 67 C.Y. $ 50.00 $ 3,350 5 SAW CUT EXISTING ASPHAL7(2'WIDE FOR ADDITIONAL PAVING AND C/G 1,100 S.F. $ 3.00 $ 3,300 6 RELOCATE EXISTING FIRE HYDRANT 1 L.S. $ 3,500.00 $ 3,500 7 STRIP AND STOCKPILE TOPSOIL 70 C.Y. $ 15.00 $ 1,050 8 REMOVE EXISTING TREES 13 EA $ 500.00 $ 6,500 9 CL.6 AGGREGATE BASE COURSE 225 C.Y. $ 40.00 $ 9,000 10 8'WIDE CROSS PANS 3 EA. $ 5,000.00 $ 15,000 11 2'GUTTER W/6"VERT.CURB 285 L.F. $ 48.00 $ 13,680 12 4"CONCRETE SIDEWALK 965 S.F. $ 9.00 $ 8,685 13 6"THICK CONC.DRIVEWAYS&SHUTTLE PULLOUT 1,750 S.F. $ 12.00 $ 21,000 14 3"ASPHALT PAVING(ADDITIONAL WIDTH FOR CUL-DE-SAC) 70 S.Y. $ 22.00 $ 1,540 15 2"OVERLAY 1,510 S.Y. $ 17.00 $ 25,670 16 JADA RAMPS W/DETECTABLE WARNING PADS 2 EA $ 1,000.00 $ 2,000 17 15"HDPE STORM LINE 95 L.F. $ 30.00 $ 2,850 18 124"HDPE STORM LINE 265 L.F. $ 45.00 $ 11,925 19 ''4'DIAMETER STORM MANHOLE 4 EA. $ 2,200.00 $ 8,800 20 12"WIDE TRENCH DRAINS&ASSOCIATED DRAIN LINES 3 EA $ 4,500.00 $ 13,500 21 HAND-I-CAP RAMP W/DETECTABLE WARNING PAD 5 EA. $ 500.00 $ 2,500 j 24REMOVE&RESET EXISTING"NO PARKING"SIGNS 7 EA. $ 500.00 $ 3,500 ENGINEERING COST(15%CONSTRUCTION COST; 1 L.S. $ 25,327.50 $ 25,328 SURVEY/DESIGN/AS-BUILT(10%CONSTRUCTION COST) 1 L.S. $ 25,327.50 $ 25,328 SUB TOTAL ITEMS 1-24 $ 257,OOS 115%CONTINGENCY $ 38,551 OFF-SITE TOTAL $ 295,556 Note:This opinion of probable construction cost was prepared for budgeting purposes only.Sopris Engineering,LLC.cannot be held responsible for variances from this estimate as actual costs may vary due to bid and market fluctuations. VANN ASSOCIATES, LLC Planning Consultants November 25, 2013 HAND DELIVERED Mr. Chris Bendon, Director Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Aspen Club & Spa Subdivision/PUD/SPA Recordation Deadline Dear Chris: Please consider this letter a request to extend for the Aspen Club plat, final PUD/SPA development plan, an d associated documents & Spa Subdivision/PUD/SPA. The request is submitted pursuant to Sections 26.480. 070.E. and 26.445.070.A. of the Land Use Regulations by Aspen Club & Spa, LLC, the project Applicant. The above regulations permit the Community Development director to extend the deadline if the request is submitted within the approval's vested rights period and there is a community interest for granting the extension. The current recordation deadline is November 27, 2013, and the project's approvals. are vested until September 17, 2016. While the required documents have been submitted to the Community Development Department concurrently with this letter, an extension of the recordation deadline is hereby requested to permit Jessica Garrow's review of the documents following her return to COMDEV at the end of her materni- ty leave. It is my understanding that she will not refer the documents to the various City departments for review and comment until her return which is expected in mid to late December. At Jessica's suggestion, a one hundred and eighty (180) day extension of the Novem- ber 27, 2013 deadline is requested to accommodate the City's review of the docu- ments and any required revisions thereto. The extended recordation deadline, there- fore, would be May 26, 2014. P.O. Box 4827 ° Basalt, Colorado 81621 • 970/925-6958 , Fax 970/920-9310 vannassociates@comcast.net Mr. Chris Bendon November 25, 2013 Page 2 Should you have any questions, or require additional information, please do not hesitate to call. Yours truly, VANN - SSOCIATES, LLC proved ,, h B ` endon, Community AICP rnty Development Director City of Aspen S iuly SV:cv cc: Michael Fox Bob Daniel d:\oldc\bus\city.Itr\ltr5l8O7.cb5 VANN ASSOCIATES, LLC Planning Consultants May 30, 2013 HAND DELIVERED Mr. Chris Bendon, Director Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Aspen Club Living Subdivision/PUD/SPA Recordation Deadline Dear Chris: Please consider this letter a request to extend the recordation deadline for the final plat, final PUD/SPA development plan, and associated documents for the Aspen Club Living Subdivision/PUD/SPA. The request is submitted pursuant to Sections 26.480. 070.E. and 26.445.070.A. of the Land Use Regulations by Aspen Club and Spa, LLC, the project Applicant. The above regulations permit the Community Develop- ment director to extend the deadline if the request is submitted within the approval's vested rights period and there is a community interest for granting the extension. The current recordation deadline is June 1, 2013. As you know, the Aspen Club submitted an application requesting an insubstantial amendment to the prior approvals on September 13, 2012. The application requested approval for various changes to the project that have occurred in connection with the design development process, and as a result of Auberge Resorts involvement. The majority of the changes have been approved administratively, while the remainder were reviewed and approved by the Planning and Zoning Commission on December 18, 2013. Issuance of a Development Order memorializing the approvals, however, has been on hold pending approval of an additional revision involving the required relocation of the project's internal sewer line. Resolution of the line relocation issue has been extremely time consuming, and has entailed lengthy negotiations with the Aspen Consolidated Sanitation District. The issue is now believed to have been resolved, and the Applicant's engineer can focus on the project's remaining infrastructure requirements, the conceptual drawings for which will be included with the PUD recordation documents. P.O. Box 4827 • Basalt, Colorado 81621 • 970/925-6958 • Fax 970/920-9310 vannassociates@comcast.net Mr. Chris Bendon May 30, 2013 Page 2 As addressing the remaining infrastructure issues (e.g., the City's new drainage requirements), and any site plan revisions potentially arising therefrom, will require additional time to resolve, I would appreciate it if you would extend the recordation deadline as provided for in the Regulations. The project's vested rights status remains in full force and effect, and the project has been found to be in the community's best interests as evidenced by its land use approvals. A one hundred and eighty (180) day extension of the June 1, 2013 deadline would appear sufficient to finalize the recordation documents and accommodate the City's review thereof. The extended recordation deadline, therefore, would be November 27, 2013. Should you have any questions, or require additional information, please do not hesitate to call. Yours truly, Approved VANN SSOCIATES, LLC m� date: Chris Bendon,AICP Community Development Director City of Aspen e d` u Vann S :cwv cc: Michael Fox Arthur C. Daily, Esq. d:\oldc\bus\city.]tr\1tr51807.04 VANN ASSOCIATES, LLC Planning Consultants December 18, 2012 HAND DELIVERED Mr. Chris Bendon, Director Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Aspen Club Living Subdivision/PUD/SPA Recordation Deadline Dear Chris: Please consider this letter a request to extend the recordation deadline for the final plat, final PUD/SPA development plan, and associated documents for the Aspen Club Living Subdivision/PUD/SPA. The request is submitted pursuant to Sections 26.480. 070.E. and 26.445.070.A. of the Land Use Regulations by Aspen Club and Spa, LLC, the project Applicant. The above regulations permit the Community Develop- ment director to extend the deadline if the request is submitted within the approval's vested rights period and there is a community interest for granting the extension. The current recordation deadline is January 1, 2013. As you know, the Aspen Club submitted an application requesting an insubstantial amendment to the prior approvals on September 13, 2012. The application requests approval for various changes to the project that have occurred in connection with the design development process, and as a result of Auberge Resorts involvement. Jessica Garrow had indicated that the majority of the changes will be approved administratively, while the remainder are being reviewed by the Planning and Zoning Commission this evening. While it was the Applicant's intent to prepare and submit the recordation documents following the amendment's approval, a recent change in the project team has resulted in further delays. Yancy Nichol, P.E. and Sopris Engineering, has replaced Jay Hammond, P.E. of Schmueser Gordon Meyer as the project engineer. As it will take time for Yancy and his firm to get up to speed on the project, I would appreciate it if you would extend the recordation deadline as provided for in the Regulations. The project's vested rights status remains in full force and effect, and the project has been found to be in the community's best interests as evidenced by its land use approvals. P.O. Box 4827 • Basalt,Colorado 81621 • 970/925-6958 • Fax 970/920-9310 vannassociates @comcast.net Mr. Chris Bendon December 18, 2012 Page 2 A one hundred and eighty (180) day extension of the January 1, 2013 deadline would appear sufficient to finalize the recordation documents and accommodate the City's review thereof. The extended recordation deadline, therefore, would be June 1, 2013. Should you have any questions, or require additional information, please do not hesitate to call. Yours truly, VAi`1N ASSOCIATES, LLC Approved nn 'Vann SV:CWV date:C 1� Chris ndon, AICP cc: Michael Fox Community Development Director City of Aspen Arthur C. Daily, Esq. d:\oldc\bus\city.Itr\ltr5l8O7.cb3 VANN ASSOCIATES, LLC Planning Consultants September 25, 2012 HAND DELIVERED Mr. Chris Bendon, Director Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Aspen Club Living Subdivision/PUD/SPA Recordation Deadline Dear Chris: Please consider this letter a request to extend the recordation deadline for the final plat, final PUD/SPA development plan, and associated documents for the Aspen Club Living Subdivision/PUD/SPA. The request is submitted pursuant to Sections 26.480. .070.E. and 26.445.070.A. of the Land Use Regulations by Aspen Club and Spa, LLC, the project Applicant. The above regulations permit the Community Develop- ment director to extend the deadline if the request is submitted within the approval's vested rights period and there is a community interest for granting the extension. The current recordation deadline is October 1, 2012. As you may know, the Aspen Club submitted an application requesting an insubstantial amendment to the prior approvals on September 13, 2012. The application has been certified complete and is currently being reviewed by Jessica Garrow. The application requests approval for various changes to the project that have occurred in connection with the design development process, and as a result of Auberge Resorts involvement. As it does not make sense to record the subdivision/PUD/SPA documents only to revise them a short time later to reflect the hopefully forthcoming amendment approval, an extension of the current recordation deadline is requested. As the project's vested rights status remains in full force and effect, and the project has been found to be in the community's best interests as evidenced by its land use approvals, I would appreciate it if you would extend the recordation deadline as provided for in the Regulations. A ninety (90) day extension of the October 1, 2012 deadline would appear sufficient to obtain approval of the insubstantial amendment, and accommodate the City's review of the recordation documents and any changes P.O. Box 4827 • Basalt, Colorado 81621 • 970/925-6958 • Fax 970/920-9310 van nassociatesC corncast.net Mr. Chris Bendon September 25, 2012 Page 2 which may result therefrom. The extended recordation deadline, therefore, would be January 1, 2013. Should you have any questions, or require additional information, please do not hesitate to call. Yours truly, VANN ASSOCIATES, LLC m App over! d atettt& urn ann Chris Bendon,AICP Community Development Director City of Aspen SV:cwv cc: Michael Fox Arthur C. Daily, Esq. d:\oldc\bus\city.itr\ltr5l8O7.cb3 M _ VANN ASSOCIATES, LLC Planning Consultants June 26, 2011 HAND DELIVERED Mr. Chris Bendon, Director Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Aspen Club Living Subdivision/PUD/SPA Recordation Deadline Dear Chris: Please consider this letter a formal request to extend the recordation deadline for the final plat, final PUD/SPA development plan, and associated documents for the Aspen Club Living Subdivision/PUD/SPA. The request is submitted pursuant to Sections 26.480.070. E. and 26.445.070.A. of the Land Use Regulations by Aspen Club and Spa, LLC, the project Applicant. The above regulations permit the Community Development director to extend the deadline if the request is submitted within the approval's vested rights period and there is a community interest for granting the extension. The current recordation deadline is July 2, 2012. As you have discussed with Michael Fox, the project architect is currently making various revisions to the ap- proved site plan and architectural plans and elevations in connection with the design development process. Minor revisions to the project's utilities layout are also been considered to simplify construction. An application requesting an insubstantial amendment to the prior approvals will be submitted following the completion of this process. As it does not make sense to record the subdivision/PUD/SPA documents only to revise them a short time later, an extension of the current recordation deadline is requested. As the project's vested rights status remains in full force and effect, and the project has been found to be in the community's best interests as evidenced by its land use approvals, I would appreciate it if you would extend the recordation deadline as provided for in the Regulations. A ninety (90) day extension of the July 2, 2012 deadline would appear sufficient to obtain approval of the insubstantial amendment, and accommodate the City's review of the recordation documents and any changes P.O. Box 4827 • Basalt, Colorado 81621 • 970/925-6958 • Fax 970/920-9310 vannassociates@comcast.net Mr. Chris Bendon June 26, 2012 Page 2 which may result therefrom. The extended recordation deadline, therefore, would be October 1, 2012. Should you have any questions, or require additional information, please do not hesitate to call. Yours truly, V ANN ASSOCIATES, LLC Approved d Su ann Chris Bendon, AICP Community Development Director S wv City of Aspen cc: Michael Fox Arthur C. Daily, Esq. d:\oldc\bus\city.itr\ltr5l8O7.cb2 VANN ASSOCIATES, LLC Planning Consultants February 27, 2012 XPPROVED HAND DELIVERED DIRECTOR Mr. Chris Bendon, Director C�t>RMUd�TYCITY OF ASPEN < Community Development Department ` �TI 130 South Galena Street Aspen, CO 81611 Re: Aspen Club Living Subdivision/PUD/SPA Recordation Deadline Dear Chris: Please consider this letter a formal request to extend the recordation deadline for the final plat, final PUD/SPA development plan, and associated documents for the Aspen Club Living Subdivision/PUD/SPA. The request is submitted pursuant to Sections 26.480.070. E. and 26.445.070.A. of the Land Use Regulations by Aspen Club and Spa, LLC, the project Applicant. The above regulations permit the Community Development director to extend the deadline if the request is submitted within the approval's vested rights period and there is a community interest for granting the extension. Pursuant to Section 2 of Ordinance No. 2, Series of 2010, the project's subdivi- sion/PUD/SPA documents are required to be recorded within 180 days of the receipt of final Commercial Design Review approval. Final Commercial Design Review approval was granted on September 6, 2011 pursuant to P&Z Resolution No. 17, Series of 2011. Consequently, the subdivision/PUD/SPA documents must be recorded no later than March 4, 2012. As you have discussed with Michael Fox, the project architect is currently making various revisions to the approved site plan and architectural plans and elevations in connection with the design development process. Minor revisions to the project's utilities layout are also been considered to simplify construction. An application requesting an insubstantial amendment to the prior approvals will be submitted following the completion of this process. As it does not make sense to record the subdivision/PUD/SPA documents only to revise them a short time later, an extension of the initial recordation deadline is requested. P.O. Box 4827 • Basalt,Colorado 81621 ° 970/925-6958 • Fax 970/920-9310 vannassociates @comcast.net Mr. Chris Bendon February 27, 2012 Page 2 As the project's vested rights status remains in full force and effect, and the project has been found to be in the community's best interests as evidenced by its recent approvals, I would appreciate it if you would extend the recordation deadline as provided for in the Regulations. A one hundred and twenty (120) day extension of the original March 4, 2012 deadline would appear sufficient to obtain approval of the insubstantial amendment, and accommodate the City's review of the recordation docu- ments and any changes which may result therefrom. The extended recordation deadline, therefore, would be July 2, 2012. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, VANN SSOCIATES, LLC nny ann SV: v cc: Michael Fox Arthur C. Daily, Esq. d:\oldc\bus\city.Itr\Itr51807.cb1 x.131 -�g ov�-� • 2013 •AS LU y y , Perms File Edit Record Navigate Farm Repots Format Tab Delp ixi �"' Routing Stratus Pees Pee Summary g yaluatim Ardrt`Eng Iulom.Fr Is Sub Permits Parcel 1 Permit type aslu Aspen Land Use Permit t 077 2013.ASLU Address 180 CRYSTAL LAKE RD ApfSuite —� E r City SPEN state jC0 Zip 81811 Permit Information master permit Routing queue aslu0? Applieri''112:=2013 Project status jpending 1 Approve I HE PEN CLUB S SUBDIVISION PU PA.RECORATCd DOCUMENTS Issued Closed;Rnal i Submitted Clock Running Days 70 Expires 111'21V2014 r OwTT eer 1 Last name ASPEN CLUB CONQOPd1hdIU' Firs#name IACCA,It1C '30 E DURNff AVE ;ASPEN CO 81811-20?2 Phone x;9'0;423 2111 Address Applicant r ' Owner is applicant? 17 Contractor is applicant? Last name ASPEN CLUB CONDOf IfdlU First name ACCA,INC 130 E DUN RAT ASPEN Ca 8181120'2 Phone f9'0 X129.2411 Oust 129607 addre�t lender Last name First name Phone 1( ) Address r I - AspenGolds(server angelas 0­1,of 1 351 wL ?kJ D -00 �� ?10J_ ��5