agenda special meeting aspen city council march 31 2010 50 0 pm
Transcription
agenda special meeting aspen city council march 31 2010 50 0 pm
AGENDA SPECIAL MEETING ASPEN CITY COUNCIL MARCH 31 2010 M 00 P 5 Appointments II to Board of Examiners and Ordinance 2 2010 Aspen Club Final Appeals PUD SPA MEMORANDUM TO Mayor FROM Stephen Kanipe THROUGH Chris DATE OF MEMO March 24 2010 MEETING DATE March 31 2010 RE Appointment by Ireland and Aspen City Council Chief Building Official r Bendon Community Development the iDrector of Building Code Board of Appeals members as required Aspen Municipal Code 070 08and referenced in Ordinance 59 8 series 2003 sections 8 010 2 0 and 020 44 8 s 16n 020 8 010 32i 010 8 36i 8 REQUEST OF COUNCIL Staff requests action from Council regarding a motion to appoint citizen volunteer members to two year terms on the Building Code Boazd of Appeals BCBOA SUMMARY The International Codes each contain BOARD OF APPEALS that reads as follows a section in the administrative In order to hear and decide appeals of orders decisions official relative to the application and building and is hereby created 22 interpretation This boazd is code approved City supported by the adopt County Building agreed to combine two sepazate boazds adopt bylaws and procedures for conduct of hearing City Charter 1998 to hear and rule on building official decisions The last BCBOA also met in 2002 to review and recommend any person 1993 through appeal hearing was in 2002 Codes adoption of the 2003 I new the of Aspen and Pitkin BACKGROUND The administrative section of the building codes literally allows to appeal a decision of the building official The boazd met several times a year from The BCBOA reviews by there shall be pleasure its business 2002 the BCBOA met and joint of this boazd of appeals The boazd of appeals shall be appointed by the authority and shall hold office at its The boazd shall Code Board of Appeals Resolution 02 1 This resolution City and County to form a single Boazd and appeals determinations made titled a applicable governing rules of procedure for conducting On March or chapter International Code editions and advises recommended amendments to create building plumbing The building department staff on requirements mechanical and electrical protection building practices without compromising the City s responsibility to building appropriate to our community values Codes in the State aze reviewing the 2009 I safety for our citizens and visitors Most jurisdictions and administrative regulations to ensure life safety and fire the citizen boazd in matters of role as expert adoption The BCBOA will perform an important Codes A request for an I of the 2009 the adoption regulating construction practices regarding s office The BCBOA will also meet regazding appeal hearing has been received by the attorney the appeal for Don Westerlind Steve Those volunteers that have stepped up to serve aze Wayne Stryker decades of This Feldman group represents many Saunders Jim Iglehart David Guthrie and Chet expertise in architectural design new and and demonstrated practical experience professional remodel residential and commercial projects construction management RECOMMENDATION By adopting the Consent Agenda named citizens to the Building Code Boazd of Appeals CITY MANAGER COMMENTS and electrical Council is contracting appointing the above CITY OF ASPEN APPOINTMENT APPLICATION fE MAILING ADDRESS dS2 70 A2S HOME PHONE 4 PHONE U 5 D 7 SkYO CELL 7O WORK PHONE Q 8 Zoning Commission Board of Adjustment Board of Examiners n mru t i BOARD OR COMMISSION FOR WHICH Planning 4b X125 Sq 1 APPLICATION IS MADE Appeal Historic Preservation Commission Wheeler Board of Directors Commercial Core Lodging Transit Agency Roaring Fork Housing Authority Liquor License Authority Child Care Advisory Committee Open Space Advisory Board Citizen Budget Task Force Aspen IPitkin Animal Shelter Board ATTACH A OR P Z APPLICANTS PLEASE HISTORIC PRESERVATION COMMISSION GENERAL PHILOSOPHY ON BRIEF STATEMENT ADDRESSING YOUR which aspects you may agree or disagree 1 Aspen Area Community Plan on Area 2 Growth in Aspen and the Aspen 3 Affordable Housing YEAR CITY RESIDENCY REQUIREMENT IS 1 IF SELF 02 n EMPLOYED IDENTIFY NATURE OF EMPLOYMENT EMPLOYMENT PREVIOUS TWO YEARS i Crd ulPna v n STREET ADDRESS PREVIOUS TWO INVESTMENTS ANDIOR LANDHOLDINGS I desire the appointment for the following IN PITKIN COUNTY reasons rw k0 T G GUi KAE N6 SIGNATURE i O DATE CITY OF ASPEN APPOINTMENT APPLICATION STREET ADDRESS MAILING ADDRESS log L o 22 HOME PHONE qzs CELL PHONE 3 1 9 t BOARD OR COMMISSION FOR WHICH APPLICATION IS MADE Zoning Commission Adjustment of Examiners Appeal Planning Board of Board Historic Preservation Commission Wheeler Board of Directors Commercial Core Lodging Agency Fork Transit Roaring Housing Authority Liquor License Authority Child Care Advisory Committee Open Space Advisory Board Citizen Budget Task Force Pitkin Animal Shelter Board Aspen P Z APPLICANTS PLEASE ATTACH A HISTORIC PRESERVATION COMMISSION OR PHILOSOPHY ON BRIEF STATEMENT ADDRESSING YOUR GENERAL 1 Aspen Area Community Plan on which aspects you 2 Growth in Aspen and the Aspen Area 3 Affordable Housing CITY RESIDENCY REQUIREMENT IS 1 YEAR IF SELF EMPLOYED IDENTIFY NATURE EMPLOYMENT OF I desire the IPc PREVIOUS TWO YEARS C v o 2 c OR LANDHOLDINGS IN PITKIN COUNTY AND appgintment foyr the following or disagree EMPLOYMENT STREET ADDRESS PREVIOUS TWO YEARS INVESTMENTS may agree reasons il e r P d eS i Q I d since19991 Jackie Lothian From us co aspen cityclerk@ci web Sent To Tuesday March 09 cityclerk web Subject City of Aspen Board Results City From By 10AM 2010 10 of Aspen Board Unauthenticated User 30 20 10 IP Name David Guthrie 34 Molly Ct 103 City Aspen State Colorado Zip Code 81611 Home 925 Phone 5521 Work Phone Cell 274 Phone 0344 daaspen almsn Email com Board Commission Selection Board of Examiners amp Appeal Requirement Submission No File Uploaded employment Previous Employment Silich Construction Inc Aspen Previous Address May 09 920 W 34 Molly Hallam Ct St 103 Appointment Application amp 1 Address Commission since Commission Appointment ApplicationSubmit ed Pitkin Holdings VAST Own Burlingame 34 Molly Ct Desire for unit at above address appointment Because I want to Kanipe asked for some give back to help with this the community board 2 that has given me so much and Stephen BOARD OF EXAMINERS AND APPEALS term appointed Don Westerlind County Chair County Steve Saunders City Wayne Stryker Enabling 1999 1 01 1 95 Legislation of Aspen 08 City 8 Chapter 010 Municipal Code 206 28 S 30 R C Powers and Duties A To suspension or B hear and revocation of same in perform To s applications for contractor conformity with applicable Codes determine all such other duties as the City Council licenses and and BOCC may from time to time determine of suitability of alternate materials and methods make special construction provide for reasonable interpretations of building code or with their general purpose and exceptions to the terms of the building code in harmony does not lessen any fire modification intent if in the opinion of the Board the exception or of structural integrity protection requirements or any requirements or any degree C determine May the Meetings 2nd Thursday at noon in the City Council chambers Membership Qualification matters pertaining for two years to A citizen shall be building construction The two Building section qualified by experience and training ex and shall have been officio members shall be a to judge resident of Pitkin employees or upon County officers of the joint MEMORANDUM TO Mayor THRU Jennifer FROM Jessica RE 1450 Ireland and Aspen City Council Phelan Community Development Deputy Garrow Long Range l Planner Lake Road Final SPA Crystal Year Growth Multi Directo 11a1 Fin PUD Final Timeshare Management Rezoning and Subdivision Reviews Second Reading Ordinance No 2 Series of 2010 continued from 3 2010 8 March 31 2010 MEETING DATE ZRECOMMENDATION P APPLICANT OWNER Aspen Club and Spa The P Z voted 4 2 in favor of the LLC They approved Vann Associates affordable management allotments and review They recommended REPRESENTATIVE Sunny Vann 12 LLC approve the other land use application housing growth a stream margin the City Council reviews LOCATION 1450 Crystal Lake Road Lot 15 of the Callahan Subdivision CURRENT ZONING PUD Rural RR with a Residential Planned Unit zone district Development PUD Overlay SLIMMARY The Applicant requests final PUD final h final SPA Timeshare Stream Reviews Management Review Rezoning Review in order units to 12 affordable and Growth Margin Subdivision develop 20 timeshare housing units and 1 2 Lots 15 and 14A the parking spaces on existing 35 spaces on Lot 14A will not change as part of this application of the Callahan Subdivision STAFF RECOMMENDATION Staff recommends Applicant 6 prior to City to eliminate Council or require relocate units the Photo Aspen Club building and location rantin approval Aspen Club Council Second Reading 2010 8 3 Page 1 of 6 NOTE Staff has attached new Exhibits to this memo Exhibits that were part of the first three 11and second readings on 2 1 2010 2010 8 packets first reading on 2010 22 2 2010 are 8 3 not being attached again Please contact Jessica Garrow if you need an additional copy of these exhibits COUNCIL QUESTIONS At the Applicant to address issues outlined below and the 1 are How will the a 22 public February d hearing City questions when they returned number of issues and Applicant s Applicant ensure Council to Council response to these issues is attached that the Club is open to and asked the as These Exhibit Z 1 accessible local by residents a The Applicant has proposed language to the Ordinance new Section 23 s Accessibility of Club Membership that would require at least 50 of the Club members be local residents the Local residents are defined as individuals living in Fork Roaring Valley at least 6 months of the year The Club would be required to provide an annual audit to the City indicating that they have or have not met the requirement If they do not meet the requirement they have 1 year to come into compliance If they are not in compliance for 2 years in a row then all time City of Aspen employees would receive a free membership to the Club full until such time as they are in compliance with the 50 requirement The City of Aspen memberships would not count toward the 50 requirement There is no reference to pricing as part of the Applicant sproposed language The Applicant a needs to be clearer in their commitment for re investment in the Club Applicant has proposed language to the Ordinance new Section 24 Club invested in the Club Reinvestment that requires a minimum of 5 million be re building Verification would be provided to the Building Department prior to issuance of the Certificate of Occupancy CO The CO will not be issued until the Applicant has met the 5 million requirement The Building Department has reviewed this language and believes it will be enforceable The investment How will the Club address the issue of re a 4 over the years The Applicant has not addressed this issue as part of proposed language but they will address this issue at the Public Hearing Ordinance What happens if the Applicant does not meet their enemy commitments How are they held responsible a The Applicant has committed to holding their energy use after completion of the project to today s levels or to reduce net energy usage The Applicant worked with Resource Energy Group to calculate their current energy usage The three year average is 600 million BTUs 18 per year or 240 BTUs per square foot of the The energy usage of the new development club building timeshare units and affordable housing units will be required to be equal to or less than these numbers Resource Energy Group provided a report on how the existing building Applicant can meet the energy goal D Exhibit 2 and has been attached to This report is in the Applicant s the Ordinance as Exhibit C Aspen Club Council Second Reading Appendix 2010 8 3 Page 2 of 6 The Applicant and City Planning Building and Canary staff have agreed on a mechanism for this commitment The tracking mechanism requires a combination of yearly reports and audits for five 5 years beginning after a CO is issued The Applicant will be to submit a required report of energy usage one yeaz and two yeazs following Certificate of Occupancy If the report shows that the Applicant is not meeting their stated energy goal then they will be required to put 100 000 into an escrow account that can be used in future years for on site systems to improve energy efficiency tracking Formal audits would be completed after the third fourth and fifth years using the previous s yeaz average energy usage If the Applicant does not meet the energy goal in any of those yeazs they must make improvements to the property to bring it into compliance The Applicant may use the money in the escrow three account to site improvements help pay for the on by a year for each year the Applicant The auditing requirements will does not meet the energy goal in yeaz five and after If the Applicant reaches the goal in year five the auditing requirement will be lifted This language has been incorporated into the Ordinance see new Section 22 Energy be extended Commitments 5 What financial assurances can do not want to have empty hole a m the applicant provide regazding project completions We a partially completed or an proiect and an situation where there is the around a The Applicant has proposed changes to the language in Section 5 of the Ordinance Financial Assurances This language requires that prior to receiving a Building Permit the Applicant must provide evidence to the City Attorney and Building Department that there is sufficient funding to complete the project including all proposed infrastructure improvements The Applicant will provide a Completion Bond that is reviewed and approved by the City Attorney and Building Department The Completion Bond will provide the funds necessazy to complete the project including infrastructure improvements These changes have been b incorporated in the Ordinance City Attorney has proposed language that would also require Bond This language is included in the Ordinance in Section 5 The believes that a Reclamation The Reclamation Bond is redundant if there is a Completion would like to see one or the other incorporated but not both a REFERRAL AGENCY COMMENTS related to Financial Assurances a The Applicant Applicant Bond and has provided a copy of language Completion Bond to the City Attorney The City Attorney believes the language addresses Council concerns related to completion of the project The Chief building Official has also reviewed the language The Applicant has met with City Planning Building and Canary staff regarding Commitments and all have agreed to the language incorporated into the Ordinance ORDINANCE CHANGES There have been a number of These have been done in track changes so deleted teat is in Aspen changes the Energy made to the Ordinance Club Council Second and added text is in Reading 2010 8 3 Page 3 of 6 Changes made by Community Development are in green These changes have been by the Applicant The changes are summarized as Amended language in Section 5 Financial Assurances related to a Completion Bond The Applicant proposed new language for a Completion Bond which eliminated the Reclamation language The City Attorney has proposed to include the Reclamation in addition to the Completion Bond in this section language Anew Section 22 Energy Commitment that outlines the tracking of the energy commitments The Applicant s baseline Energy Study has been included as Exhibit C underline reviewed of the Ordinance Membership that includes the Applicant s commitment that 50 or more of the Club memberships will be local residents defined as anyone who lives six 6 or more months in the Roaring Fork Valley Anew Section 24 Club Reirrvestment that requires at least 5 million be re invested Anew Section into the Club 23 Accessibility of Club Building 25 Reporting Requirements Anew Section contained in the Ordinance This section by requiring one report that outlines all the reporting requirements reporting efforts added to streamline the was rather than a number of individual reports addition the City Attorney has reviewed the Ordinance and made some changes purple The Applicant has not had an opportunity to review most of these changes have comments or questions about them at the public hearing In Staff will review all the Ordinance changes as the Applicant applicant revise their Eliminate or Revise the plans prior point to any landscaping plan Provide more Provide a more approval of the project by a aze they in may S vote of 4 2 and time staff recommends City Council require approvals Specifically staff recommends the relocate units 5 and 6 from the site rural nature of the so part of the Staff Presentation on March 31 ZRECCOMENDATION The P P Zrecommended STAFF RECOMMENDATION At this which to consolidate the plan paved areas so it fits in better with the area programming elements of the proposal drainage plan that meets Engineering Department Standards detailed information detailed on the 2 Series 2010 approving Final 124 Specially Planned Area SPA Final Planned Unit Development PUD Final Timeshaze Yeaz Lodge Growth Management Allotments Rezoning and Subdivision for the Aspen Multi Club project PROPOSED MOTION I move to approve Ordinance CITY MANAGER COMMENTS Aspen Club Council Second Reading 2010 8 3 Page 4 of 6 Attachments Exhibits included in this Council packet are bolded all exhibits list the date then were included in the s packet EXHIBIT A SPA Review Criteria Staff 8 2 22 3 8 3 Findings provided 1 11 2 31 EXHIBIT B Criteria Staff 11 2 Findings provided 1 82 22 3 8 3 31 PUD Review EXHIBIT C Timeshare Review EXHIBIT D Growth Criteria Management Staff Findings Review Criteria provided 1 11 2 82 22 3 83 31 Staff Findings provided 1 11 218 2 22 8 3 3 31 EXHIBIT E Rezoning Review Criteria EXHIBIT F Subdivision Review G T s Exx DRC Comments BtT H ExH Housing r sl Extt I Revised EXHIBIT J Staff Criteria Findings provided 1 11 2 82 22 3 83 31 Staff Findings provided 1 11 2 82 22 3 83 31 provided 1 11 Comments provided 1 11 Transportation Demand Management TDM plan provided 1 11 11 sLetter Regarding Vesting provided 1 Applicant EXHIBIT K Letter Applicant s provided 11 Regarding Continuing Operation of the Aspen Club Spa 1 EXHIBIT L City Council minutes from Conceptual approval July 14 EXHIBIT M October Planning and Zoning Commission Minutes 6 and October 20 2009 provided 1 11 from Final EXHIBIT N Planning and Zoning Commission Resolution EXHIBIT O Application Bound provided 1 11 EXHIBIT P Application Appendix Bound provided 1 11 EXHIBIT Q Letter from Applicant s Attorney operation of the Club facility provided 2 8 EXHIBIT R Letter from dated sRepresentative Applicant accessibility to the proposed timeshare units ExxtstT T Optional site ExxtstT U Updated TDM Plan provided 1 11 approval September 29 11 provided 1 January 14 2010 regarding the continued dated January 25 provided 2 8 3rT S Site Plans from each stage of the ExHt 2008 2010 regarding the public proposed project provided 2 8 plan provided by Applicant per City Council request provided 2 8 provided 2 8 EXHIBIT V Letters from the public provided 2 8 Ext11s1T W Letters from the public entered at the 2 2010 public 8 EXHIBIT X Additional Comments from Environmental Health EXHIBIT Y Letters from the public EXHIBIT Z Letters from the public provided 318 provided 2 22 entered at the 2010 22public 2 Aspen Club hearing provided 2 8 hearing provided 2 22 Council Second Reading 2010 8 3 Page 5 of 6 EXHIBIT Z 1 Letter from Michael Fox dated 3 2010 responding to Council 1 questions provided 3 83 31 ttstT Z Ext 2Traffic Study Review conducted by Fehr Nathanson and Citizens for Preservation of Zoning Z Letters from the ExHIBIT 3 Peers on behalf of Gary provided 3 31 public provided 3 31 Aspen Club Council Second Reading 2010 8 3 Page 6 of 6 ORDINANCE N0 2 SERIES AN OF 2010 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN COLORADO APPROVING FINAL SPECIALLY PLANNED AREA SPA FINAL PLANNED UNIT DEVELOPMENT PUD FINAL TIMESHARE MULTI YEAR GROWTH MANAGEMENT REVIEW REZONING AND SUBDIVISION FOR THE DEVELOPMENT OF SUB GRADE PARKING TWENTY TIMESHARE UNITS REDESIGNED COMMERCIAL SPACE AND TWELVE AFFORDABLE HOUSING UNITS FOR THE PROPERTY LOCATED AT 1450 CRYSTAL LAKE ROAD THE ASPEN CLUB CITY OF ASPEN PITKIN COUNTY COLORADO Parce ID 2737 019 32 181 WHEREAS September 17 2007 the Community Development Department received application from Aspen Club and Spa LLC represented by Sunny Vann of Vann Associates LLC requesting approval of conceptual commercial design review conceptual approval for a Specially Planned Area SPA Planned Unit Development PUD and Timeshare to develop a grade garage nineteen 19 timeshare units and twelve 12 affordable housing units and to sub redesign existing commercial spaces and on an WHEREAS upon initial review of the application and the applicable code standards the Community Development Department recommended the Applicant amend the proposal to better comply with the requirements of Specially Planned Area SPA a Planned Unit Development PUD Conceptual Timeshare and the Commercial Design Standards and a WHEREAS the Applicant amended the application units and amended the site plan for the May 6 2008 Planning to and include twenty 20 timeshare Zoning hearing and WHEREAS during a duly noticed public hearing on May 6 2008 continued from 2008 February 19 2008 March 4 2008 March 18 2008 and April 1 2008 the February Planning and Zoning Commission approved Resolution No 9 Series of 2008 by a Four to One 4 1 vote approving Conceptual Commercial Design Review and recommending the Aspen City Council approve a Conceptual PUD Conceptual SPA Conceptual Timeshare and WHEREAS during approved a duly noticed public hearing Resolution No 6 Series of 2008 by a on July 14 2008 the City Council approving Conceptual Four to One 4 1 vote PUU Conceptual SPA Conceptual Timeshare and WHEREAS application on May 4 2009 the Community Development Department received an from Aspen Club and Spa LLC represented by Sunny Vann of Vann Associates LLC requesting approval of final Specially Planned Area SPA final Planned Unit ream Margin Affordable Housing Growth Management Development PUD final Timeshare S Year Growth Management Lodge Allotments Rezoning and Subdivision to Allotments Multi grade garage twenty 20 timeshare units and twelve 12 affordable housing develop asub units and to redesign existing commercial spaces and Ordinance No 2 Series 2010 Growth timeshare SPA Aspen Club PUD Subdivision Management Page of 19 WHEREAS during a duly noticed public hearing on October 20 2009 continued from September 29 2009 and to October 6 2009 the Planning and Zoning Commission approved Resolution No 15 Series of 2009 by a four to two 4 2 vote approving Stream Margin Review and twelve 12 Affordable Housing Growth Management Allotments and recommended the Council hundred and Aspen City approve a Final PUD Final SPA Final Timeshare Rezoning one Year Lodge Grovv th Management Allotments 112 Allotments from 2009 four 124 Multi twenty and 12 Allotments from 2010 and Subdivision and WHEREAS in response to concerns by the Planning and Zoning Commission and the Community Development Department the Applicant provided a letter dated December 16 2009 inextricable connection between the continued operation of the Aspen indicating that there is Club Spa facility and the proposed Aspen Club Living Condominiums the fractional units and that the Club Owner will not have the ability to shut down the Club operation to of the Club Building without the express consent and approval of substantially change the the City of Aspen and at minimum the Association on behalf of the Fractional Owners and an or use a WHEREAS pursuant to Section 26 310 the City Council may approve Rezoning during duly noticed public hearing after considering recommendation from the Planning and Zoning Commission made at duly noticed public hearing comments from the general public recommendation from the Community Development Director and recommendations from relevant referral agencies and a a a a a WHEREAS pursuant to Section 26 440 the City Council may approve a Final SPA a duly noticed public hearing otter considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing comments from the general public a during recommendation from the Community Development relevant referral agencies and Section 445 26 the hearing after considering WHEREAS pursuant noticed during duly Zoning Commission a recommendation relevant referral public made at from a to duly Director and recommendations from Council may approve a Final PUD recommendation from the Planning and City a noticed the Community public hearing comments from the general public a Development Director and recommendations from agencies and Year WHEREAS pursuant to Section 470 26 the City Council may approve Multi Management Allotments during a duly noticed public hearing otter considering a recommendation from he Planning and Loning Commission made at a duly noticed public hearing comments from the general public a recommendation from the Community Growth Development Director and recommendations from relevant referral agencies and WHEREAS pursuant to Section 26 480 the City Council may approve Subdivision during duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing comments from the general public a recommendation from the Community Development Director and recommendations from relevant referral agencies and a a Ordinance No 2 Series 2010 Growth ManagemenUSubdivision Timeshare SPA Aspen Club PUD Page 2 of 19 590 the City Council may approve a Final 26 after considering a recommendation from the hearing Timeshare during duly public Commission made at a duly noticed public hearing comments from the and Toning Planning and general public a recommendation from the Community Development Director WHEREAS pursuant a to Section noticed agencies and recommendations from relevant referral WHEREAS during a duly noticed public hearing on February 8 2010 and February 22 2010 and March 8 2010 continued to March 31 2010 the City Council approved Ordinance No to vote approving Final SPA Final PUD Final 2 Series of 2010 by a Timeshare 124 Year Growth Multi Management Lodge Pillow Allotments Rezoning and Subdivision and WHEREAS the Aspen City Council has reviewed and considered the development under the applicable provisions of the Municipal Code as identitied herein has reviewed proposal and considered the recommendation of the Planning and Zoning Commission the Community Development Director the applicable referral agencies and has taken and considered public comment at a public hearing and WHEREAS the City Council finds that the development proposal applicable development standards and conditions is consistent with the goals meets or exceeds all approval of the development proposal elements of the Aspen Area Community Plan and that the and with WHEREAS the City Council finds that this Ordinance furthers and is necessary for the of public health safety and welfare promotion TY OF TY COUNCIL OF THE C NOW THEREFORE BE 1T RESOLVED BY THE C ASPEN AS FOLLOWS Section 1 Pursuant City to the procedures and standards set forth in Title 26 of the Aspen Municipal Code the Unit hereby approves a Final Specially Planned Area SPA Final Planned Multi hundred one and 124 Final Timeshare four twenty Council Development PUD Year Lodge Growth Management Rezoning hundred one Allotments and twelve 112 from the 2009 Growth Management Year and twelve 12 from the 2010 Growth Management Year and Subdivision subject to the following conditions Subdivision Plat and Agreement SPA Section 2 PUD SPA agreement hereinafter PUD Applicant shall record aSubdivision The the Agreement that days of approval The 180 days shall Design Review approval by the Planning and of Land Use Code within 180 requirements Commercial upon the granting of Final Subdivision Plat shall be recorded in the SPA oning Commission Additionally a final PUD L s Office within 180 days of the final Commercial Design Pitkin County Clerk and Recorder Approval and shall include the following meets commence Ordinance No 2 Series 2010 Growth ManagemenUSubdivision Timeshare SPA Aspen Club PUD Page 3 of 19 A a final plat meeting encroachment improvements and location of of the licenses City Engineer reception with and showing easements numbers for physical utility pedestals proposed improvements parking and detailed landscaping plan drawing representing the project s architectural character including building elevations A final grading and drainage plan meeting all requirements of the City Engineer The Applicant shall receive Engineering Department approval for their drainage plan prior to Engineering Department sign off on the Final Plat A final utility and public facilities plan A trail easement for the trail to be dedicated to the public crossing the property from the existing Aspen Club Trail through the site to Ute Avenue A d A g and illustrative site plan of the project showing the dimensional requirements as approved c f requirements An b e the agreements The Applicant shall condominiumize the timeshare units after substantial completion of the project The condominium plat s shall be reviewed administratively The Agreement shall require recordation of a condominium plat prior to issuance of a Certificate of Occupancy Section 3 Timeshare Documents fhe imeshare Disclosure Statement and Development Instrument T Applicant shall record concurrently with the Condominium Plat and Declaration The documents shall meet all 90 of the Land Use Code requirements outlined in section 26 a Section d Dimensional Requirements The approved setbacks dimensional requirements are based off the following the south side of the lots alt the rear yard setbacks all side yard setbacks are the east and west sides of the lots are standardization are on all front yard the north side of the lots and Ordinance No 2 Series 2010 Growth Management SPAlrimeshare Aspen Club PUD Subdivision Page 4 of 19 RR Dimensional Re Dimensional Requirements for subdivided lots Proposed uirement Lot 1 Lot 2 Minimum Lot 661 sq fr 124 A N Lot 3 812 sq ft 10 Lot 4 26 110 sq ft Size Lot 5 3 9 55 s Minimum Area per unit dwellin fr Lot A N Lot 1 277 Feet ot Minimum Lot 2 N A ot 3 I Width 135 Feet Lot 4 266 Feet Lot 5 9 Feet Lot 1 30 feet above Minimum Front grade 5 feet below grade Lot 2 N A Yard Setback Lot 3 10 feet Lot 4 0 feet Lot 5 5 feet 7 Lot 1 0 feet above and below Minimum Side Lot 2 N A Yard Lot 3 10 feet Lot 4 20 feet Lot 5 5 feet Lot I 60 feet above grade for Setback East Side Minimum Side Yard Setback West Side Yard Setback building 20 grade feet above grade for garage access stair 5 feet below Lot 2 N A Lot 3 20 feet Lot 4 5 feet Lot 5 0 feet Lot 1 100 feet 15 feet from Lot 2 N A Minimum Rear grade Lot 3 10 feet Lot 4 10 feet Lot 5 10 Top of Slope feet Townhouse Units Lots 3 4 Pitched Roofs Units 1 7 14 28 feet Flat Roofs Units 2 58 13 28 feet Maximum Club Units Lot 2 28 feet Height Affordable Housing Units Lot 28 feet with the following exceptions Unit 11 Northwest Corner 32 feet Unit 12 Northwest Corner 41 feet Ordinance No 2 Series 010 Aspen Club PUD Growth ManagementlSubdivision himeshare SPA Pale 5 of 19 RR Dimensional Re Proposed Dimensional Requirements for subdivided lots uirement Unit 12 Southwest Corner 25 31 feet Club Building Lot 1 28 feet Aspen Minimum O en S A N ace Total FAR 1 55 Total 94 70 sq ft Allowable Floor Area 390 sq ft Multi affordable housing units 12 family 410 sq ft 490 sq ft Townhouse Units 34 Lodge 50 Club Units 16 080 sq ft Commercial Club 31 870 s Minimum Off Street Parking ft 132 spaces total Lodge 20 spaces Aspen Club and Spa 95 spaces 60 spaces spaces on Lots 14A AH units 17 s aces public improvements required on Lot 1 35 14W under the Subdivision SPA Aereement and the Aspen Club PUD institutional panypursuant curet to which the surety aegr es to provide the funds necessary to complete the construction of the improvements covered by the Building Permit all public Ordinance No 2 Series 2010 Growth ManagemenUSubdivision Timeshare SPA Aspen Club PUD Page 6 of 9 sanitation district ool sch the tut ill 19 herein requirements set forth at 15 herein the parks plans referenced in commitment t r th ate spelled sct reguircmcnt 21 encrer the hercin land dedication i in una h ihr luh rr rnt hli n tn int it l a ih ir i 4 c I herein fhe Comment j2Tha section was added by the City Attorney and uses the Reclamation language that the Apphcatu proposed to delete below Ordinance No 2 Series 2010 SPAlCimesharelGrowth Management Aspen Club PUD Subdivision Page 7 of l9 COInI11Cnt j3The Applicant proposed to delete this Reclamation language after the Completion Bond Section Construction Meeting 6 Pre construction meeting with the City Community Development Applicant shall conduct apre to submittal for a prior building permit application This meeting shall include the general contractor the architect producing the construction drawings representative of the Building Department a representative of the Engineering Department and the Community Development Departments case planner The Staff a Section 7 Commercial Design Review The Applicant shall submit an application for final Commercial Design Review within one 1 PUD approval The Applicant is required to receive final year of the date of final SPA Commercial Design Review prior to submission of a building permit Section 8 BuildinE Permit Application Applicant shall meet all adopted building codes and requirements in effect at the time the way and accessible parking of building permit is submitted Accessible routes to any public right will be The will be building reyuired proposed project subject to the Use Tax spaces materials The proposed project will be required to comply with all Efficient Building Programs in place at time of building permit submittal Prior to building permit submittal the architect of record must determine the type of construction for the existing structure and the allowable for building and addition based on the type of construction and modifications The on area The building permit application a A b A c d e f shall include the following Z Resolution copy of the final City Council Ordinance and P copy of the final Commercial Design Review approval The conditions of approval printed on the cover page of the building permit set of egress plan An overall access plan for the site A means fthe Club is intending separation to operate while under construction from construction activity g h The TDM Plan and the Traffic Study A detailed Lighting Plan i A plan showing protection will be on a plan to maintain exits and required which its based of the stream margin area and the stability of the hillside above the trail Section 9 En ineerinQ Ordinance No 2 Series 2010 GrowrthManagemenUSubdivision imeshare SPA Aspen Club PUD Page 8 of 19 was added to the ordinance The s design shall be compliant with al sections of the City of Aspen Municipal Applicant Code Title 21 and all construction and excavation standards published by the Engineering Department The Applicant shall be subject to the Stormwater System Development Fee The final drainage plan shall meet all Engineering Department standards The application shall be referred to the Colorado Geologic Survey for their review on the geologic hazards to the site Chic information shall be provided as part of the building permit submittal The construction management plan shall address construction while the Club remains open and shall address how all construction activities will not impact all trees that are remaining on the site Aspen Club Trail access or use for any construction activities is prohibited or materials at all times this includes but is not limited to truck traffic foot traffic storage Section 0 Ute Trail Improvements The Applicant will agree to contribute to the completion of the Ute Trail based on the Review Standards for Development in a SPA This contribution will occur no later than 60 days notice of the notice to date commencement of Aspen The Applicant annually according to the s construction as provided by the City proceed of the Trail 000 to be adjusted agreed upon contribution in the amount of 70 Consumer Price Index C L P has a Prior to both the contribution and the the building permit issuance the Applicant will need to provide of Aspen a Bond or Letter of Credit in the amount of 000 70 This bond will be released once the contribution is received If the contribution is not made as described above the City bond or letter of credit will be executed Section 11 by the City of Aspen Ute Ave Improvements The Applicant agrees while maintaining the to improve the Cu de center sac island Sheet at Ute Ave to accommodate of plans dated a shows 100 foot diameter conceptually how this will be achieved he Applicant agrees to install two speed tables along Ute avenue One at the trail crossing and the other location to be approved by the City Engineer The final design of the speed tables must be approved by The Applicant financial the City shall assurances Engineer provide a cost for all public with the proposed improvements estimate as improvements to approved by the City Engineer and provide The Applicant shall bear all costs associated Ute Avenue Section 12 Affordable Housing fhe site affordable housing units Three 3 units of S50 Applicant shall provide twelve 12 on units of 950 sq ft of sq ft of net livable area shall be deed restricted to a Category 2 five net livable area shall be deed restricted to a Category 3 and four 4 units of 950 sq ft of net livable a Category 4 The Applicant shall record a deed 12 affordable housing units in conjunction with filing a condominium plat for the property and prior to issuance of a Certitcate of Occupancy CO on the affordable housing units The Certificate of Occupancy for the affordable housing units shall area restriction be issued shall on prior be deed restricted to each of the twelve to or at the same time as the proposed timeshare units Ordinance No 2 Series 2010 Growth Management Timeshare SPA Aspen Club PUD Subdivision Page 9 of 19 The affordable housing units shall be owned and managed by the Aspen Club and Spa More regarding the management and maintenance of the units shall be provided to detailed information APCHA with the proposed deed restriction prior to CO The shall have the owner provide cannot At process no employment by the lease period Each The are as right to rent the units to qualified employees of the Club If the s normal advertising qualified tenant the units shall be rented through APCHA time shall the tenancy of the units during lease period be tied to continued owner a a the Tenant leases however may be terminated for upon termination of employment owner in the rental units shall be tenant required to be requalified by APCHA cause or on a shall convey an undivided 1 10 of 1 ownership interest in the lot to APCHA The APCHA ownership interest shall be in perpetuity owner situated the units are converted to ownership units or the statutory restriction on at basis yearly which the units on until such time or rent the end of control units is eliminated The deed restriction shall allow the units Aspen Club and determines year one to become ownership units any of the units li are found to be out of compliance for one the units the units shall be listed for sale with APCHA at the restriction at such time as the owner the elects to condominiumize and sell the units or at such time as APCHA or more units are found to be out of compliance with APCHA Guidelines for one Spa The sales price shall be as year or the owner categories specified elects to sell in the deed stated in the APCHA Guidelines in effect at the time of recordation of the deed restriction plus appreciation calculated at three percent 3per simple appreciation not compounded whichever is less as of the listing date of the units If the units are being sold due to noncompliance all of the units shall be sold through the lottery system if the owner elects to sell the units the owner may choose 1 d of 3 annum or the Consumer Price Index the initial If the buyers provided they quality owner elects to sell the units or under s APCHA top they shall condominiumize the units and form maintenance thereof ownership In the required to for the unit be sold due to noncompliance owner condominium association for housing association the management and shall be separate from the fractional s association unit event APCHA The affordable are a priority or the the rental units City may elect are to required to become ownership units due purchase them for rental to qualified tenants to noncompliance in accordance with APCHA Guidelines Section 13 Fire MitiEation All codes adopted by the Aspen Fire Protection District at the time of shall be met This includes but is not limited to building permit submittal International Fire Code IFC 2003 Edition Section 503 approved fire sprinkler and fire alarm systems FC as amended Section 903 and 407 access Ordinance No 2 Series 2010 Growth ManagemendSubdivision Timeshare SPA Aspen Club PUD Page l0 of 19 The The Applicant shall provide an overall access plan for the site with the building permit submittal subgrade garage shall have adequate fire access This shall be reviewed and approved by the Fire Marshall The Pire proposed lawn pavers shall be sprinklers and alarms are engineered required to support fire truck loads and shall be included in the project including in all structures Section 14 Public Works The Applicant shall comply with the City of Aspen Water System Standards with Title 25 and applicable standards of Title 8 Water Conservation and Plumbing Advisory Code of the Aspen Municipal Code as required by the City of Aspen Water Department Utility placement and design shall meet adopted City of Aspen standards Each of the units within the building shall have with the individual water meters Nothing from the 1976 PUD water rights agreement may change The recorded by the The as plat shall provide adequate easements for all utility Engineering and Water Departments prior to recordation project will demonstrate the lines current project This shall be reviewed of fire flows adequate to satisfy Aspen Fire Protection 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 District standards for a Type delivery part of this IIIB Commercial minute The Applicant shall bear all costs associated with the proposed improvements along Ute Avenue and metering connections that result from this project to the water line Section 15 Sanitation District Requirements Since there is an sanitary line existing Aspen Consolidated Sanitation District owned and maintained main currently running through the proposed development the proposed relocation of this main ACSD sanitary sewer line must be s consulting engineer approved by the District and board of directors prior to the district to serve this committing application The district will require a written verification from the Applicant that the revised sanitary sewer service for the Silver Lining Ranch is acceptable to the current owners of the Silver Lining Ranch property sewer Since it is apparent at this level of approval that the district smain sanitary sewer lines will be modified to serve the new proposed development a line relocation request and collection system s action items New easements will agreement are required Both are ACSD Board of Director he required for the sanitary relocation according to standard district form Additional access and maintenance easements may be required depending on the final sanitary sewer utility plans Ordinance No 2 Series 2010 Growth imeshare SPA Aspen Club PUD Subdivision Management Page 1 I of 19 Service is which contingent are on s rules regulations and specifications upon compliance with the District file at the District office The Applicant shall bear all costs associated with the proposed improvements Section 16 The state to the sanitation system that result from this project Environmental Health of Colorado mandates specific mitigation requirements with regards to asbestos Additionally code requirements to be aware of when filing building permit include prohibition on engine idling regulation of fireplaces fugitive dust requirements noise abatement and pool designs The Applicant must meet all applicable requirements associated with the pool Wildlife protection enclosures for the trash and recycle area is required a a new The Applicant will be subject to the TDM Air Quality Impact Fee in place at the time of Building Permit submittal Section 17 Exterior Lighting All exterior lighting shall meet the requirements of the s City Outdoor Lighting Code pursuant to Section 57 26 Outdoor lighting No lighting shall be permitted in the 150 stream margin area fifteen 15 foot setback area from top of slope or in any area below the top of slope line toward the river unless it is in the exact location of the existing lighting and Land Use Codc requires no additional disturbance to the stream margin area This shall be verified at time of building permit submittal Section 18 Transportation he Applicant plan attached attached The as shall to with all aspects of the Transportation Demand Management TDM A The TDM Plan and the fDA Traffic Study comply this Ordinance Exhibit Exhibit B shall be recorded as part of The Agreement may update the traffic counts and TDM Plan prior to building permit submittal be conducted after working with the Transportation Community Development Applicant this shall Engineering and Environmental Health Departments to ensure compliance with all approvals Any changes to the TDM plan based on updated traffic counts must be reviewed and approved by the Transportation Engineering Environmental Health and Community Development Departments he Applicant shall conduct l meeting to review the Transportation Demand Management Plan prior to submittal for a building permit application This meeting shall include the Applicant a representative of the Transportation Department representative of the Engineering Department a representative of the Environmental Health Department and the Community Development Department s case planner a with the City Staff a Any updated traffic of counts shall take place in the 15 two weeks of March and the is two weeks August Section 19 Parks Building permit plans stability of the hillside shall include a detailed plan above the trail The detailed submitted for stream plan shall identify margin protection and fencing the location of silt Ordinance No 2 Series 2010 Growth Timeshare SPA Aspen Club PUD Subdivision Management Page 12 of 19 and erosion control requirements along include a the hillside The City off protect the river from residual run provide specifications if needed minimum placed in a manner preventing erosion and can silt fence and straw bales All of these detailed at the 15 set back from top of slope shall include a detailed plan submitted for Construction staging This plan shall detail how the construction will take place with staging storage of materials and locations of vehicles so that trees remaining on site will not be impacted and remain Building permit plans protected Building permit plans shall include detailed plan submitted for Tree Protection Tree protection fences must be in place and inspected by the her designee before any city forester or his a construction activities are to commence No excavation storage of materials storage of construction backfill storage of equipment foot or vehicle traffic allowed within the drip line of any tree on site There should be a location and standard for this fencing denoted on the plan An and permit is required before submission of the building permit set Proper spacing legend for new plantings and plantings around existing trees shall be reviewed by Department at building permit submittal This legend shall include species approved a tree detailed the Parks name Building Permit Plans shall detail the material and width of the footpath proposed within the stream margin area this footpath shall be installed with hand excavation tools only and set around all trees to remain on site The utilities located under the trail should be developed and installed with junction boxes so future repairs can be accomplished without the need to excavate the This trail shall not be used for or provide access for any construction activities trail new This includes but is not limited to truck traffic foot traffic storage or materials Aspen Club Trail access or use for any construction activities is prohibited at all times includes but is not limited to truck traffic toot traffic storage or materials he Applicant will be subject to the Parks 1 Permit submittal Development Impact Fee in place at the time of This Building Section 20 Parking No parking is approved for Ule Ave or in the cul sac de Section 2l School Lands Dedication Applicant will be subject Building Permit submittal fhe to the School Lands Dedication cash lieu in place at the time of in Section 22 Ener v Commitment fa An audit of the has and electrical energy consumed by the existing 77 000 square as conducted preceding three years w by Resource foot Aspen Club buildin during the En ing Bering Group and summarized in a written report dated November 24 2008 a copy of which report is attached as Exhibit C to the Ordinance T he energy consumption reflected in that 600 million Btu report averaged 18 year over the subiect three year period the Baseline Average The Its C e t x thereby commits Applicant 9 and agrees that following Ordinance No the 2 Series 2010 Growth Timeshare SPA Aspen Club PUD Subdivision Management Page 13 of 19 redevelopment of the Property pursuant to the approvals granted in this Ordinance the average annual sumhti crt includinthe Cluh the Timeshare Units eon of all uses of lhe Prn r en n b Group must The be 9vvr Applicant reviewed and commits approved by the and City agrees Building that the Department Building Permit and the Canary Initiative staff before the Building Permit is issued Ic Pursuant krAw is also C 3er cor installation of the energy consumption mechanical components including that are incorporated in the approved Building Permit systems existin Inver the upgrades to has demonstrated mechanical components includingupgrades to existing systems have in fact been installed by Applicant e Within 30 days following the expiration of the issuance of the tinal Certificate of Occupancy for the Aspen one Club year period fgllo the yn Living development the teFshall provide the Building Department and Canary Initiative staff with a A Applicant C report summarizintg he ene all uses of the Property during said one near period y consumed by With such report the consumption the into Applicant compliance durinP Property the er shall 9wr provide the BuildingDepartment and Canary with the Baseline Average precedin tg hree period and averat ina the enere consumption Ordinance No of the 2 Series 2010 Growth ManagemenUSubdivision Timeshare SPA Aspen Club PUD Page 14 of 19 shall have 13 k ef t 9i rts effi e Similar audits will be performed four vears and five vears respectively the date of issuance of the final Certificate of Occupancy for the Aspen Club Livin followin project in such remediation efforts f said fifth near audit determines that the enemy consumption on the Proyertv rline er t sr the f scrc Account shall he closed and all remainine lthr 13 esce h does not vrter and A iuH Funds Property an exceeds the Baseline Average the additional energy consumption c on the If Property any of the Club hold consumption audit her energy reports rt fu no or Applicant ref shall be obli ateed to provide vears following the date of issuance of the final six does not exceed the Baseline Average such audit concludes that less than 0 percent of the dues pang members will take Memberships in the Club the Applicant r Resident Ordinance No 2 Series 2010 Growth ManagemendSubdivision Timeshaze SPA Aspen Club PUD Page 1 of 19 whatever steps be may Residential Memberships reauired to to increase the ratio of Resident Membership greater than 50 percent In the with the event Non vs the next annual audit retlects a continuing non compliance requirement Memberships exceed 50 percent of the total dues wing Memberships in the Club then the Club will offer free one year Resident Memberships Members such offer to that Resident time City of Aspen employees that wish to be Club any and all full remain in effect until an annual audit concludes that the Club is again in to compliance with the requirement that Resident MembershiEexceed 50 percent of the total dues payinQ Memberships in the Club When a compliance audit is obtained each free Resident Membership held b plovee will expire one year after the date on which the employee a signed Membership Agreement with the Club and such employee will have the option of Section 24 Club Reinvestment a of a The Applicant ter hereby commits and agrees that 9 N tnal Certiticate of Occupancy for the Aspen Club prior to the issuance development Living approved by this nee will spend a minimum of 000 Ordinance the Applicant 000 in upgrades to the 5 existing Aspen Club Spa facility including but not limited to structural improvements a new swimmingpool new locker rooms upgraded activity spaces improvements to utilih systems investments in clean energy initiatives and a new entryway b Upon substantial completion of the upgrades to the Aspen Club Spa facility the net shall provide to the City Building Department a summarkof the costs and Applicant 9 expenses incurred b tyhe 9w in accomplishin tghe upgrades C Applicant e approved by the City Building Department which cost summary shall be reviewed and c A final Certiticate of Occupancy shall not be issued for the Aspen Club Living development project approved by this Ordinance until the Ciri Buildine Department is satistied that the Applicant derhas expended a minimum of 000 000 in connection with the 5 Section 25 Reaortina Renuirements Applicant shall be subject to number of reporting requirements as indentified herein All reporting requirements shall to the extent possible be compiled into one report that goes to the City Community Development De rtment This report shall include The a The reporting and audit procedures as specitically Any items required to o to other City Departments directly to those Departments h tyhe Applicant outlined in Section 22 by other sections of this ordinance shall be sent Ordinance No 2 Series 2010 Growth Management SPAlTimeshare Aspen Club PUD Subdivision Page 16 of 19 Section 26 Vested Rights The approvals granted pursuant development to Planning and Zoning Commission and period of three 3 years from the Resolution 15 Series of 2009 and herein shall be vested for date of issuance of the Development No later than fourteen 14 days obtain a Development Order published in a newspaper Aspen a notice advising and creation of the following a approval of all requisite reviews necessary to in this ordinance the City Clerk shall cause to be circulation within the jurisdictional boundaries of the City of following as set of a Order the final forth general general public of vested property right pursuant the the to approval of a site specific development plan this Title Such notice shall be substantially in form Notice is general public of the approval of a vested property right City of Aspen and Title 24 Article 68 Colorado Revised Statutes pertaining to the following described property 140 Crystal Lake Road City of Aspen CO by Ordinance No 2 Series of 2010 of the Aspen City Council pursuant hereby given to to the the Land Use Code of the Section 273 representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein unless amended by authorized entity All material an Ordinance No 2 Series 2010 Growth ManagemenUSubdivision imeshare SPAlI Aspen Club PUD Page 17 of 19 j5 This language City Ailorncy mment 1 Section 28 This ordinance shall action not affect any proceeding now pending herein provided and the shall or same existing litigation and shall not operate as an abatement of any amended under by virtue of the ordinances repealed be conducted and concluded under such prior ordinances or or as Section 29 tf any section subsection sentence clause phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a couR of competent jurisdiction such portion shall be deemed a separate distinct and independent provision and shall not affect the validity of the remaining portions The thereof City Clerk is directed upon the adoption of this ordinance to record County Clerk and Recorder a copy of this ordinance in the office of the Pitkin Section 302b A public hearing on this ordinance shall be held on the 8 day of February 2010 at a meeting of the 00 p Aspen City Council commencing at 5 m in the City Council Chambers Aspen City Hall Aspen Colorado a minimum of fifteen days prior to which hearing a public notice of the same shall he published in a newspaper of general INTRODUCED READ AND ORDERED PUBLISHED of the City of Aspen on the 11 City circulation within the as of Aspen provided by law by the City Council h day of January 2010 Attest Kathryn S Koch City Clerk FINALLY adopted passed and Michael C Ireland Mayor approved this day of 2010 Attest Kathryn S Koch City Clerk Approved as to Michael C Ireland Mayor form Ordinance Na 2 Series 2010 Growth Management SPAffimeshare Aspen Club PUD Subdivision Page 1 S of 19 was added by the City Attorney Attachments Exhibit A Approved TDM Plan Exhibit B TDA Traffic Study Exhibit C Energy Baseline Report by Resource Engineering Group Ordinance No Aspen 2 Series 2010 Club PUD Grou2hManagementlSubdivision Timeshare SPA Page 19 of 19 Ordinance 2 Series 2010 Exhibit A Aspen Club Living TDM PLAN GOAL Have Aspen in traffic levels on Ute Avenue growth zero Club traffic levels Living Project coming while creating a on Additional trip trips a result of the AM day per between prepared Report the Club should peak trips coming to PM traffic studies may be and baseline building permit as the current TDA to the Club shall remain at their stated baseline of 860 be limited to 99 per hour submission for Club Aspen Based safer street a to the Club should be limited to 70 per hour peak trips to the coming limits and the TDM Plan will be now and updated as necessary BACKGROUND goal The in traffic of City traffic of Aspen Club on is to create both Living Ute Avenue due to this engineers who have been used by safer Ute Avenue To achieve these project staff and Aspen Transportation a engaged TDA the goals locations in the have a vicinity including job description perpetuity In The limit any as City of Aspen to help Ute Avenue and the us via Aspen Transportation with the respected create high a set of traffic season safety traffic counts at Club entrance The Club will as a function Coordinator shall manage all TDM programs in addition the Aspen Club will Transportation Options Program growth have consulted with the Coordinator who will manage all TDM programs designated Transportation of their we well Inc of Seattle and Denver management tools Baseline conditions have been established key as remain an Transportation active member Coordinator acting of the s City the s City as contact TARGET GROUPS A unique challenge associated with this distinct needs The following Aspen Club project Living TDM is the existence of program establishes a a variety variety of user of tools groups with targeting the groups Employees commuting to Employees living Club affordable the Club site in on Aspen Club guests Aspen Club Living owners housing Club members Ordinance No 2 Series 2010 Exhibit A Aspen Club TDM Plan Page I of 11 0 o 0 d Y v o N D 0 ro o o c c 0 cc c G X n a W a a c E o o 4l C C b V v v n U7 O O v Y O O U U 0 o O a r C O O E E k m N ai ai ai ti ti U U U U U U G C C G C C C C 7 7 7 N V n O O O U U L v ctl r C ai U o n a as O O U U U U U w O O O U U L L L L ti y y cd T o L fl E C C O O E E E E E E E X X k k X X X L VI Vi Vi V1 N N Vi o c c c c c c ro c c 3 O o o L L ro c c c L T 0 L L L L O o E E p X X A VI c c 0 0 0 0 c c c c 0 e U N V V N U V C V1 Vl V V ctl ro td a a a C O N a C C C C O O 1 N V Y U ed t0 ro R a a a a C g L ttl a U a L p v n a L d y L ro E U Y 40 W 00 V U a d a o c c n v y c 00 N w E E o i v U G U as U O O D U 4l d c U V a a d d d tl t c t a j c o X U O y L Y a c o a a on ou C N L 3 s ai vi L y V E F O O O s N ocq d N N U N N N N w L T O T O T T T O N O T O T O n n E a E a o x7 U W a W W ri O a E W o d V T O N a a T O G v W N s N VI O d C L L C c y y c E 0 c E C O lA rh fi c v O i G U y Y c U c ti oq W z s ro s Y y n L h r N V ea y L C O E U L L ate L L v Q O O O L F N C U 7 o O U o a O C d z G C C O UI c w O i U N C O J 0 O ro v M N C O E a a m V C N a G 0 41 ai U N u C v j Vi ti 7 N a X n VI 7 G C i o N p r y T T O a p Hr y y L nc v o ni N y T O T a y y L ac E ai o a 0 A F E E cu a a a 7 U C o W CG im U o c a E L v O E n ou on c E y o o V W C U o Q V G E v C c ai a N LO u E w T C b N V V C v d ro bq p H d E O T O N p v d A v O m U U z w z U m U U y a Q C O V a L ti U c Q U f o E o a o c N 1 u i o N oq n Ordinance Series 2010 2 Exhibit A Aspen Club TDM Measure Detail Living FIXED ROUTE ASPEN CLUB SHUTTLE The Aspen Club will provide shuttle service to and from the Club at would augment the Cross Town Shuttle services operating on a regularly scheduled intervals These fixed route and schedule Details a Shuttle vehicles will be reduced emissions b Shuttle service will be free of c Signs and other information and if permitted d The shuttle will be e The who for identifying emission zero employees owners the routes and times will be in Club marketing will coordinate and guests posted materials and inside the pickups and drop at the Club offs facility best to accommodate Park departing Rubey arriving are members Park and other locations in town publicized shuttle schedule employees f Rubey at charge or The shuttle route schedule will be coordinated with hotel partners to minimize total shuttle trips to the Aspen Club will be allowed to g Employees a This service will be access shuttle service for lunch errands etc Schedule summer and winter Weekend Labor Mountains demand experience the seasons Day the Ski 7 AM to 9 PM every half from provided hourly Peak Peak winter summer season season is defined These hours may be increased but will not be less 13 round is as or defined day during as the peak Food and Wine December 15th the Close of decreased depending trips daily operating at on actual approximately 30am mid 9 day 12 30pm and evening 6 1 4 O Opm peak morning 8 hours on the half hour and the hour b During that at shoulder seasons and before 7 AM and after 9 PM there will be scheduled service a minimum remain otherwise with the season c may be within those trip numbers outlined Transportation department above unless A reduced service schedule agreed in the off appropriate Without the minimum level of service in to contribute a fee equal to 13 trips per place day to described above the Club will be the operation required of the Cross Town Shuttle Ordinance No 2 Series 2010 Growth ManagemenUSubdivision Timeshare SPA Aspen Club PUD Page 3 of 11 Ordinance 2 Series 2010 Exhibit A d Service to the airport order to the in town service shall be keep provided will be provided separately on a from the scheduled in town service in fixed schedule demand only to avoid unnecessary on In addition the airport service trips Phasing A complete City of an This plan alternative to as a must be Certificate of later six months fixed route service the Aspen prior to the issuance of Club may contribute to the discussed above If this arrangement demand only in order operate on plan no approved by a the Certificate of must meet the conditions discussed above operating Cross Town Shuttle shuttle the Club shuttle route s schedule and stops must be plan detailing Aspen Transportation Department Occupancy As shuttle to minimize trips approved by Transportation is selected the Club s f this arrangement is selected staff no later than six months a prior operation van of the service will demand detailed on to the issuance of a Occupancy DEMAND ASPEN CLUB SHUTTLE ON The Aspen Club will provide and other areas not served by an demand shuttle service to on serve from the guests traveling to airport the fixed route service Details a emission Shuttle vehicles will be reduced emissions orzero b demand service will be free and available to Club On c demand service is meant to On replace fixed route service serve during peak replace as a backup summer demand service may On a demand service will be available On owners and guests to fixed route service and will not and winter fixed route service d members during off seasons Schedule daily during Club hours of operation Phasing A detailed on demand shuttle later six months prior plan must be approved by the City of Aspen to the issuance of a Certificate of Occupancy This Transportation Department plan no must meet the conditions discussed above Ordinance No 2 Series 2010 Growth Management Timeshare SPA Aspen Club PUD Subdivision Page 4 of I I Ordinance 2 Series 2010 Exhibit A BUS PASS SUBSIDY The Aspen Club will provide reduce priced bus passes for employees to use RFTA The Club subsidizes 50 of employee s bus passes Subsidized bus passes will remain in currently place Phasing This subsidy measures of is to be Occupancy in currently provided to The program place Transportation Measure to remain in be marketed to must with employees marketing later than six months after the date of issuance ofCertificate no place in perpetuity unless approved for discontinuance by the Transportation Department CARPOOL MATCHING The Aspen Club will for organize carpools employees who have to commute to the Aspen Club Details a First priority Transportation will Carpool matching c if match match to employees with other employee via the s Club Coordinator b no be will be discussed during is found in house the City new of hire orientation TOP program Aspen and carpool matching software will be used to search for external matches Phasing This program must be approved by Transportation Department the date of issuance of Certificate of marketing measures to be Occupancy he place no later than six months after The program must be marketed to provided to Transportation Certificate of Occupancy Measure to remain in and in place no in employees with later than six months after the date of issuance of perpetuity unless approved for discontinuance by Transportation Department Ordinance No 2 Series 2010 Growth Management Timeshare SPA Aspen Club PUD Subdivision Page 5 of 11 Ordinance 2 Series 2010 Exhibit A CARPOOL PARHING Preferential spaces will be provided and located in the parking carpool parking spaces will be provided for carpooling employees area on A minimum of 3 14W closest to the Lots 14A carpool path to the Club Aspen Details spaces will be a Carpool b Approved carpools designated will be with provided signage with a tag or preferential to allow access to permit spaces monitored spaces will be c Carpool parking d Employees parked in carpool by Transportation spaces without Coordinator appropriate permits tags will be written up Phasing This program must be the date of issuance of Certificate of Occupancy approved and in approved by Transportation Department place no Measure to remain in later than six months after place in perpetuity unless by the Transportation Department for discontinuance RESTRICTED PARHING Employee parking will be limited to the Crystal Lake lot located Parking Lots 14A on 14W Details is not allowed in Ute Avenue a Employee parking b Preferential c Parking d Employees parked inappropriately parking area will be provided will be monitored for parking employees by Transportation who lot carpool Coordinator will be written up Phasing This measure discontinuance is by currently the in place Measure to remain in place in perpetuity unless approved for Transportation Department NEW HIRE ORIENTATIONS At all options new for hire orientations the commuting to the Aspen Club will provide Club and reducing traffic on information on all the different employee Ute Avenue Ordinance No 2 Series 2010 Growth ManagemenUSubdivision Timeshare SPA Aspen Club PUD Page 6 of 1 I Ordinance 2 Series 2010 Exhibit A Phasing This program must be approved by Transportation Department the date of issuance of Certificate of for discontinuance approved by the and in place no Measure to remain in Occupancy later than six months after place in perpetuity unless Transportation Department EMPLOYEE INCENTIVE PROGRAM The Club will create incentive Aspen plans for carpoolers bikers walkers and RFTA riders Details Program a will consist of gift cards punch cards prize drawings or end of season raffles Phasing Program must be in Program must be place no marketed later than six months afer the date of issuance of Certificate of Occupancy to employees with marketing measures later than six months after the date of issuance of Certificate of perpetuity unless for discontinuance approved by the to be Occupancy provided to Transportation Measure to remain in place no in Transportation Department EMERGENCY RIDE HOME PROGRAM As a member of TOP the Program for get home in get home employees a hurry quickly Aspen Club will work with the City in who take the bus to This will work give employees but for a sense implementing one reason or an another of comfort that they can Emergency Ride Home g sick child e need to take the Bus into town but if they need to Details The Aspen Club will be responsible for any trips taken beyond the TOP s budgeted program in unless limit each year Phasing This measure discontinuance is by currently the in place Measure to remain in place perpetuity approved for Transportation Department Ordinance No 2 Series 2010 Growth Management Timeshare SPA Subdivision Aspen Club PUD Page 7 of I I Ordinance 2 Series 2010 Exhibit A MEMBER INCENTIVE PROGRAM The Aspen shuttle or Club will create incentive system for members who an walk ride their bikes or take either our the Cross Town Shuttle to and from the Club Details this incentive system will be a Information b Members will have c Incentives will for prizes on a punch provided card system to track their potentially consisting of gift cards in materials membership use of alternative prize drawings or transportation end of season raffles and rewards Phasing Program Measure must be in remain to place in no place later than six months afrer the date of issuance of Certificate of Occupancy in perpetuity unless approved for discontinuance the by Transportation Department HOUSING PREFERENCE Preference for a car at the to access Aspen Site Affordable On Housing would be given to employees in packets that will Club The Club will also develop move alternative transportation programs provided in who agree not to provide information park on all Aspen Phasing Program to be in place before first tenants move in and to remain in place for future tenants CAR RENTAL DISCOUNT Arrangements will be made with a local car rental company for discounted car rentals Details a The Club will arrange for discounted well b as Trips for Aspen will be Club charged Living at the car rentals for our employees site who live on as owners negotiated discounted car rental rates Ordinance No 2 Series 2010 Growth Management Timeshare SPA Subdivision Aspen Club PUD Page 8 of 11 Ordinance 2 Series 2010 Exhibit A BICYCLE FLEET Shared Living bicycles will be available for employees as well as tenants of employee and housing Aspen Club owners Details a A minimum of four will be available at program outset b Bicycles c A check out check in system such bicycles will be maintained by the smaintenance staff Club as using electronic D card will be for implemented use d The program may expand as needed based on usage Phasing later than six months after the date of issuance of Certificate of Occupancy Program must be in Program must be marketed to place no employees with marketing measures later than six months after the date of issuance of Certificate of perpetuity unless approved for discontinuance by the to be Occupancy provided to Transportation Measure to remain in place no in Transportation Department CARSHARE PROGRAM A Carshare vehicle will be Aspen Club Living site for employees living available on in affordable housing as well as for owners Details a Prior to opening of the project the Aspen Club and determine how to best structure this program GO b or possibly being operated by the Aspen Transportation Department possibly using will the services of CAR TO Club Issues to be addressed include i ii iii Ownership of vehicle Access to the vehicle Payment of maintenance and operating costs Ordinance No 2 Series 2010 Growth Management Timeshare SPA Subdivision Aspen Club PUD Page 9 of I I Ordinance 2 Series 2010 xhibit A F Phasing A complete plan for the implementation approved by the Transportation Department of Occupancy This plan must of no site carshare program on an later than six months prior be must to presented and to the issuance of a Certificate at a minimum include 1 ownership Purchase of vehicle s 2 Type of vehicle s 3 s Parking location 4 Allowable customers 5 Vehicle 6 Operations plan including reservations 7 cost sharing plan Subsidy for CAR TO GO should CTG operate the vehicle replacement plan access insurance fueling MONITORING PROGRAM The effectiveness of the program will be measured in several ways 1 Vehicle counts have been during year March and performed Report using TDA Report by shall be October 1 both daily an provided hourly program components in March and to project August annually Transportation Engineering firm or Transportation Engineering for five years after the annually and for five years after the August surveys shall be undertaken at Ute Avenue and at the Club and will traffic counts project receives in the a CO same with required manner as the current counting devices and Environmental Health Departments receives a The report must indicate CO Annual report shall also include compliance Non a Vehicle counts and traffic using standard continue twice status of TDM components will be required brought TDM to City Council for discussion and action if needed 2 Survey of above target groups to Annual surveys must be 3 approved by pre their the knowledge The are readily of and participation in the programs Transportation Department Results will be summarized in Memorandum form year trends to 4 ensure complete with tabulations and charts so that apparent Transportation Department may require insas necessary interim check Ordinance No 2 Series 2010 Growth Management Timeshare SPA Subdivision Aspen Club PUD Page 10 of I I Ordinance 2 Series 2010 Exhibit A CHANGES TO THE PLAN Ifthe Applicant numbers peak trips must update per hour be conducted must be submission for to approvals Any changes with all and reviewed a also be approved by per day required to the TDM update to and those peak trips per hour This the TDM Plan the Community Development Departments for plan based on and must be reviewed revised base line traffic counts Transportation Engineering the 70 AM study by building permit Environmental Health and Transportation Engineering compliance by TDA 860 trips Applicant shall then the prior the baseline in the current TDA counts from traffic update the to different than the current counts done are and 99 PM chooses Environmental Health and Community Development Departments The update or this plan and its associated TDA traffic counts shall be submitted as part of the building permit application FURTHER TOOLS Should required monitoring to develop following suggested show that the a plan TDM for zero growth goal approval by the is exceeded at any time the Transportation Department Aspen Club will include to a variety be of the measures additional transit service via Club shuttle additional contribution to the Cross Town Shuttle additional restrictions on employee driving additional rewards incentives programs for flexible scheduling scheduling more employees to avoid of club activities to avoid aggressive paid parking other for for measures peak employees and guests congestion peak hour hour congestion internal and external education employees as and guests approved by the Transportation Department Ordinance No 2 Series 2010 Growth Management Timeshare SPA Subdivision Aspen Club PUD Page 11 of I I IV C TDA CQ Transportation COLORADO INC October 29 2008 Michael Fox W Aspen Club International 1450 Crystal Lake Road Aspen Dear CO 81611 Michael As agreed we have summarized high summer season traffic count data that was collected over three consecutive days in August in the vicinity of the Aspen Club and Spa This data along with prior traffic counts from this past Mazch dwing the Spring Break period and in August 2004 will help establish benchmazks for monitoring acrual xraffic changes associated with your planned addition of 32 dwelling units at the Club property We have also estimated what level of Club traffic currently passes the four key intersections that will be through gauging stations for monitoring future changes associated with the Club development plan Key findings from Weekday with the combined data collection efforzs traffic volume Tuesday on as further described below Ute Avenue is about 70 higher than he weekend and are day average Thursday being slightly higher than the other three weekdays Summer day 24 hour weekday traffic volumes on Ute Avenue are about 50 higher the corresponding winter weekday volumes Club and Spa daily traffic days weekend Hourly traffic activity at and As again a volume is slightly higher the Club is between 3PM and 6PM for design day for on Friday as compared highest and fairly uniform between weekday and weekend to than mid week lOAM and 1PM assessing future development traffic a Thursday during August day for the surrounding neighborhood would represent a typical high traffic activity Club traffic is near its daily peak volume The 3 00 to 00 PM hour is 4 hour Spa trips During east of Original this or when the combined peak Club trips traffic hour for Ute Avenue and Club comprised about 29 of the 200 vehicles on Ute Avenue During the rune hour daytime video count for all arrivals to the Club approximately 81 bicycle and 9 as pedestrians Approximately 80 of arrivals are via entrance with 20 crossing the footbridge from Crystal Lake Road via autof 10 via are Ute Avenue On a hour basis Club traffic using Ute Ave is about the same level as the volume 24 to Ute Place residences and the other abutting uses located between Ute Place attributed and Original 900 E Street Louisiana Ave Suite 100 Derrer Colorado 80210 38257101 FAX 8257108 3CT tdacobrado TDA com Alpert Clab October 29 2008 Just a Spa Traffer Coant P few Club members workers currently use the Crosstown bus that route runs Ute Avenue At the busiest intersection in the Z along vicinity Original Cooper Street Avenue Club Spa traffic in the AM peak hour and 5in the trips represents about 8 of summer day total higher overall volume PM peak hour INTRODUCTION To augment and Spa further recent summer identify peak traffic locations Count locations and time staff By design traffic conditions in the vicinity of the Aspen Club collected to compare with winter counts at counts were periods were selected in concert with neazby City engineering 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 counts mixed expansion planned use This report summarizes the program August and compares with available Mazch 2008 winter counts as well as the earlier 2004 summer traffic counts performed August at two intersections along South Original Street and the access drive to the Aspen Club Spa The March 2008 counts were collected the winter of season Break while during high Spring the August 2008 counts reflect high summer season conditions Data were collected the new 2008 summer counts by firm All Traffic Data Services DATA COLLECTION 24Hour Volume In March 2008 Ute Avenue of Original counted for seven consecutive days All passing each location were recorded separately for each travel direction This week longcount identified daily variations in Ute Avenue traffic volumes throughout a Spring east was vehicles Break week Exhibit A illustrates the total and directional daily volumes for the full week As is common in mountain resort towns weekday volumes are higher than those on weekends During the count week Tuesday and Thursday each exceed 1 500 vehicles per day The average weeks total daily Exhibit A u j Togl o NTx Rk by DM eUOn nUU IWnM w tn o1 i t Orq Ma181n Mwc ImB i A6oulnDOUnU tem 1 X08 cNpMUOUM txm I lmo sr D8 em I I rsuoe I Man I m xrts TW I rm WN I I roe x a ae 3rze Thu Fn I xravm 8w I yxaae Bun 7DA Colorado 0 Arprtt Cktober 29 2008 r Club Spa TraJftc Count Page 3 volume of 1 300 is about 70 higher than the weeken average of 800 vehicles per day For comparison CDOT data shows that SH 82 as it follows along Cooper Avenue just southeast of Original St carried 900 annual average daily vehicles in 2007 6 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 hour count 21 midnight Thursday 8 through midnight Saturday locations are listed here and identified in Figure 1 1 on Ute Avenue 2 on Original Street south of Ute Avenue Aspen Club Spa entrance north of Ute Avenue Ute Avenue east of Ute Place 3 on 4 on 5 on 6 on Crystal Lake Crystal Lake east of 23 The six 24 8 Original Street Road west of SH 82 Road west of the X intersection Locations ql q3 and g41ie along Ute Avenue the main road serving the Aspen Club Spa Locations q5 and q6 serve a parking area along the north side of the Roaring Fork River which connects to the Aspen Club Spa via footbridge over the river Location q2 lies on an alternate route for vehicles heading out of town a y Intersection Peak Hour Volumes Turning 2008 Spa at recorded movement counts were four intersections hour Two along counts were on Thursday Friday and Saturday August 21 23 path for vehicles accessing the Aspen Club the usual travel performed from 7 00 to 9 00 AM and 00 to 6 4 00 PM to determine the peak 60 minutes of traffic flow during the usual morning and evening peak The four periods turning movement count locations also identified on Figure 1 are r 7 Cooper 8 Durant Avenue 9 Avenue Cooper Avenue 10 Durant Avenue Data were also collected at at Original Street at Original Street at at Spring Street Locations q7 March 2008 and Aspen Club Entrance Volume a West End Wednesday Thursday q8 above in during a Friday Saturday August 2004 and Sunday Video recordings collected count data at the Ute Ave entrance to the Aspen Club Spa d for nine hours from 10 00 AM to 7 00 PM This provides detailed Friday August 22 information on turning movements made by vehicles bikes and pedestrians into and out the Aspen Club at both the main lot and side lot entrances In addition noted counting riders on and off each bus arriving on the half hour bus patronage in on of was 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 00AM to 7 10 OOPM recorded pedestrian activity there as well 1DA Colorado r w F O I Qc4 r r Y 0 w o ter i i y o Clevela d St V r ro Q a M H QQ V i7 o z m V 3 West E d Z a Original o St g r N S p rin g t a N m O 2 a Vj Hunter t c w N r o m C a t c 7 U 8 o Galena 9 c mi 8 va a e v g s E r S m Mill St N N p C Y 6 r a a r m W m T F O t g N 0 m V CS LL F Aspers Club October 29 2008 Spa Tragic Count paee 5 DAILY VOLUME COMPARISONS A summary of the 24 hour summer count data the common trend in resort towns that along Ute Avenue shown weekday volumes are higher than Figure 2 illustrates daily volumes for the three Ute Place is calculated in Figure 2 on affirms weekends of the count at three of the count locations Volume on using data from Locations pl dL N4 During the count Thursday represents the peak with nearly 2 200 vehicles per day on Ute Avenue just east of Original Street Friday volume on Ute Avenue is almost 90 of the peak Thursday volume while Saturday volume is just 60 of the Thursday peak Similar percentages are shown on Ute Avenue just east of Ute Place Also noted here while consistent Friday was days weekday daily vehicle volume to and from the Aspen Club is fairly marginally higher than Thursday unlike traffic on the adjacent streets Figure 2 Volums Proflls August 2006 Daily Volume Comparison along Ilb Ave 8 at Aspen Club Main Lot Entranp zsoo e Ave elo U nz z Aspen Club m D 500 1 4 i Stl entrance 1375 L zn r i 900 x 9a9 a i 975 809 411 500 I 0 TTurs Fri Sat T r oo9 z Orginal o Ute Ave e oUle PI ea2 i lUU1 Colorado Aspcm Club F Spa Traffu Connt October 29 2008 Crystal Pace 6 Lake Road provides an alternate access to the Aspen Club Spa site via SH 82 pazk at a designated Club parking lot along this road and walk across a over the footbridge Roaring Fork River to the Club entrance As shown in Pigure 3 nearly 60 of the volume on this road is headed toward the parking area serving the Aspen Club The remainder accesses residential areas along Crystal Lake Road Again Thursday volumes are highest with Friday at about 97 and Saturday at 60 near the highway and 40 closer to Vehicles can the river Figure Crystal Lake 3 Roca Taal Daily Vdumee Pugust2008 Thurs 4t0 Fri e Sat S t rr Lliiirlq li i u zee z ii s j I zes I F h I l ii zoo Ili nll Daiy Vdurtes on Crystal south W SH82 Seasonal variations in traffic Lake Roatl Lot Entrance depicted in Figure 4 comparing total daily volumes on Ute Avenue east Original Rvenue during the winter season in Mazch and high summer season in August 2008 As shown summer Thursday volumes are again higher than Friday or with the the same in winter and summer Saturday Friday and Saturday proportions nearly 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 are of Figure 4 TIIUfS Ute Avenw Total M arch vs Dafly Volumes Algust 2008 trz z Fri a M e rc Ute AverNa east of Original Sheet h hah wints season A Ngh uguet sumrer eeseon J on i lDo4 Colorado Aspen CIWb Fs Spa Trafftc Covent Ottober 29 2008 Pace 7 Hourly volume entering the Aspen Club Spa varies throughout the day Figure 5 illustrates hourly accessing the Club from Ute Ave showing variations for Thursday Friday and Saturday ate Friday morning exhibits the highest hour with a total of 67 vehicles in and out during the 9 00 to 00 AM period Also shown are the peaking characteristics and how 10 they vary by day of week Each day has amid Noon and a late afternoon peak from morning peak period from about 10 AM about 46 PM Saturday afrernoon volume drops off starts eazlier than the weekday 6 PM drop off total volume Figure 5 Total Volumes at Aspen Club Main Entrance No Ute Avenue August a 2008 70 Thurs 60 Fri Sat 50 m 40 30 c 20 i 10 I p 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Hour 17 18 19 20 21 22 23 24 j Ending INTERSECTION PEAK HOUR VOLUMES r 6 AM peak hour volumes for each turning movement at Thursday volumes are also shown at each of the six 24 locations hour 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 Figure displays the Thursday the four intersections counted and PM Total 30PM 6 The highest turning volumes occur during intersection with 130 southbound left movements are CLUB m links in the State the PM peak hour at and 187 eastbound the Cooper Original right turns Both 82 Highway designated route through the city turns of these SPA TOTAL DAILY TRAFFIC VOLUME As depicted in Figure 6 combining 610 daily Club vehicles on Ute Avenue with the 250 using Crystal Lake Road suggests a total of 860 vehicle trips attributed to the Club Spa on a typical summer weekday vehicles lA4 Colorado F I 0 z 0 a 0 0 U ya w o a U e i e m o z o w m 8 offig a w N Y FL I C P9 SP St o a 3 3e e Q u i i5 n n v m J14 60 130 58 107 L 10 za X85 133 5 22 29 51 N YO J r y1 vN o W W 15 z7 1z as o 50 89 21 36 43 65 I vl YOB 57 94 21 32 Zh I I p vi Q1O Asjxn wb F Spa C Traffic October 29 2006 Covent Page 9 VOLUME COMPARISON FROM PREVIOUS COUNTS Data was also collected counts were at two during Friday Saturday 2004 The data show that is true in and the 6 These earlier Figure in Sunday March 2008 and midweek in August and Durant intersettions with Street winter Cooper Original are slightly higher than for summer weekday AM but he the PM where summer weekday PM peak hour volumes are higher than in weekday AM peak reverse of the four intersections shown in a at hour volumes winter Specifically 2008 volumes August weekday r location 7 data show that March 2008 are at the Original intersection Cooper 14 lower than the counts However only displays this data showing hourly volumes regardless that weekday of the Comparison 2008 PM PM peak of at the same 22 bigber than in March 2008 Figure hour volumes represent the highest Summer 2004 Peak Hour Total Volumes 988 2008 WinOar Original Summer 2008 929 000 1 1 721 sect 515 y 6 peak hour volumes season at Cooper S 750 peak hour weekday 2004 counts and 4 lower than the August August 2004 yet 4 lower those in are August the the AM 77e 7 500 411 i zea 250 0 Weekend Weekday AM PM AM PM r At the that Original intersection Durant summer and winter However weekday r As stated that r a PM the available Thursday Friday peak hour volumes have less variation as peak hour volumes are again the highest earlier total daily volumes are higher in the summer Saturday shown in data show Figure 8 than in winter This indicates greater portion of total daily trips are occurring outside of the peak hours during the than in winter due to longer days and usually better roadway conditions summer Figure Comparison at 8 of Peak Hour Total Volumea Durant Original Summer 2004 000 1 Summer 2008 751 523 387 50l 358 2B2 25f 476 336 6 7J p3 r 327 l DIJJ c 212 203 0 Weekday AM PM Weekend AM PM 7DA Colorado Aspen Clttb fSpa Trafftc Coant Oaober 29 2008 CLUB Page SPA TRAVEL Vehicle 10 MODES Trips Day by Hour o As shown in AM and to Aspen Club trips tend to build gradually in the morning starting at 8 a plateau of about 55 vehicles per hour by 11 AM that lasts through 1 PM Figure reach 9 picking back up to this level between evening hours During Ute volume the Figure 9 the Aspen Club begins to tapering off steadily into the busy part of the average day from 8 AM to 7 PM Club 34 of total traffic on Ute Avenue athe Original Street intersection As shown in to before the traffic varies from 21 to attributed 3 PM and 5 PM are 10 to hours with 11 AM Spa higher proportional when Club trips peak share of total traffic and 4 to 5 PM when caper off Figure 9 burly portbn of Mpen Club Trips on LRf Avenue a oOrlgnal Street i e Total on Aspen r 200 Ule e oOriginal Club entrance volt 1 i g oo 50 o a 1Ea E 3 Ea 3 f f Ibur Entling Peak Hour f olumes At the Aspen Club entrance the AM and PM peak hour volumes used in analyzing traffic 30 0 8 O OAM 0and from 3 impacts at intersections in town occurred on Friday from 9 The hour Club volume of 54 30PM 4 AM peak trips had 40 in and 14 out while the PM hour volume of 67 had 36 in and 31 out via the Ute Avenue entrances peak trips Alternate Modes of Arrival Pedestrian Volumes There 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 6of the combined vehicle pedestrian and bike access there during those nine hours are 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 22 8 00AM to 7 10 OOPM shows a pedestrian and bicycle activity hereon Friday 08from total of 154 pedestrians and 19 bicycles using the footbridge to access the Club Of the from their vehicles parked pedestrians it is assumed that approximately 80 are walking to Lake with 20 either in cars Road or walking in from the along Crystal passengers neighborhood Therefore total pedestrian access to the Club via both entrances is hour count representing 9of total arrivals approximately 65 trips during the nine W 1DA Colorado Aspen Club fr Spa Traffu October 29 2008 Count Page 11 Yolames Bicycle During the nine hour totaled 24 daytime in and 34 video count out while access to the Club via the trips bicycle access bicycle trips contributed about 11 of the the Club during those nine hours total of 77 access to bicycle footbridge combined along Ute was Avenue 6 in and 13 vehicle pedestrian out A and bike Bus Volumes RFTA provides regularly neighborhood near scheduled Cross Town Route bus service to the Ute Avenue the Club Video 22 from 10 8 08 00AM to and unloading The count of the Club entrance OOPM shows bus arrivals and 7 bus is scheduled along Ute Avenue on Friday with passenger loading the hour and half hour departures arrive every 30 minutes on nine count bus riders totaled 17 boarding and 10 alighting at the Aspen Club During the hour entrance on Ute Ave However not all of those transit riders were oriented to from the Aspen to Club The peak hour of bus usage a this location was Noon 1PM when 3 passengers got on and 1 off he bus Transit is used got currently by just a few Aspen Club members employees iQ4Colorodo Aspen Clab fi Spa TraJ c Coant October 29 2008 CLUB Page 12 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 40 the north via from o 18 from the east via SH82 and 42 from the approximately SH82 west through other streets in Town Exiting trips currently depart approximately 55 to the north via SH 82 17 to the east via SH 82 and 339 o to the west through Town Table 1 presents the total morning and evening peak hour traffic volume through each of the existing Aspen Club vehicle trips contribute 11 of the AM hour volumes the intersection of Durant Ave peak through Original Street The PM hourly share is 9 As Club trips distribute throughout the roadway network the percentage four intersections counted The of total traffic attributed The future to the Club is reduced expanded Aspen Club Spa is estimated to yield a total of 70 AM and 88 PM trips via Ute Avenue assuming no reductions applied for sponsored Club hour vehicle peak 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 intersection the Club increases Cooper Original State Highway 82 portion slightly from 8 to 9in the future AM to and from 4 6 in the higher volume PM peak today during the hour Table 1 Estimated Aspen Club Portbn of Peak Hour V9ehicls Trips Through Four Key Intersections SYTm41r Waxikda August Analysis Intentaction r r Total thru intersection 2006 Tdps vWqubProjaG FuWre Aspen Club Tdps Trips Aspen Club Aspen Club 4 Tri Total mN intersection Aspen Club Tri AM PM PM AM PM AM PM AM PM AM PM 407 929 35 45 B 5 45 59 482 988 9 6 293 569 10 12 3 2 12 15 305 579 4 3 Durant AvenueQOriginal Street 936 476 54 67 16 14 70 M 406 564 17 t6 Durant Avenue 273 370 16 19 6 5 20 24 293 394 7 fi Cooper Avenue Original Cooper Avenue West End r Street reet @ Spring S A t IrOnt August 2006 fuming movement courts August 2000 tube counts at Cluh entrance 3 from August 2008 video round at Club enhance 4 existing with added residential tdps using standard 2 tram ITE Tnp Generatbn rates no TDM mdgation a r 7QA Colorado 0 x 6 F O U 0 b H a N de pNp O F M O r I Cleveland St w Q C W d0 J 7 a H 0 aU West End St OL m d O a LL c Original nn o St d Y Y tt m n Spring St K 0 u m m 08 St 4 t X05 5L SZ 1 y o C A eq G a E Emil N ae 01 M a h oU Ec 1 S ov F ss N 0 a N s n iZaoQ Aspen Club fSpa October 29 2008 Traffic Count Pace 14 FINDINGS As in similar mountain towns peak vehicle volumes in months than in winter Weekday volumes are Therefore a design day for Aspen should be alate week August mid Aspen are higher during the summer generally higher than during a weekend Spa residential development traffic monitoring Club day Mid r morning and late afternoon volumes at the Club entrance in the August 2008 count were compazable to the August 2004 peak hour volumes We expect the daily volume is now higher than it was in 2004 given the increase in Club membership and services offered during the intervening yeazs The August 2008 for all amvals the counts for the nine hour period from lOM to 7PM show that o via bicycle and 9 as approximately 81 are via auto 109 of arrivals via 0 aze Ute Avenue with 20 crossing the Approximately 809 pedestrians Roaring video traffic Fork to Club footbridge from Crystal Lake Road Club and 0 of total traffic Spa trips currently represent about 5 passing through the intersection in the summer weekday PM peak hour Original State Highway 82 Cooper The Club contributes about 8 in the AM when total volumes through the intersection are less than half of that hour With the addition of 32 experienced during the evening peak residential units at the Club coupled with continuing we estimate that membership growth Club traffic could increase hour totals These a TDM program impacts aze 6of the future PM and 9of the future AM peak could be even less once the effects of the Club son going plans for marginally to factored into future trip generation y To assist in August can identifying artstal post development traffic changes we midvehicle week compare by specific Please coon a specific turning traffic contact us the same movements locations as the from year to year August to recommend repeating 2008 counts As detect the magnitude late such we of change routes if you have questions or comments on this data compilation and presentation Prepared under the direction of Sincerely TQA Colorado Inc 0 1 t0 Audzey Girard Senior Associate David D E P Principal 1GA Colorado Aspen Club Living Transportation Analysis Prepared for Vann Associates Aspen LLC CO Prepared 6y TDA Inc 685 Spring Street M195 Friday Hazbor WA 98250 2007 September 17 w 4 TD r 2111 TABLE OF CONTENTS ATION OF THE TRANSPORTATION STUDY OAGANL 1 INTRODUCTION 2 EXISTWG CONDITIONS Roadway System 4 and Classification 4 P u bli c Transportation Pedestrian Bicycle Intersection and 4 Equestrian Transportation 4 Operations 7 BACKGROUND COND TIONS 8 Roadway Improvements 8 Other Planned Projects Public Transportation PROJ ECT C ONDITIONS Trip Generation 8 8 11 11 Fractional Ownership Affordable Housing 11 1 Winter Conditions 12 Transit 12 r Trip Distribution and Assignment Turning Movement Volumes Traffic Operation Width of Adjacent Streets Parking Requirements and Parking Supply 12 14 16 16 6 MITIGATION r APPendix 18 A 20 INTERSECTION LEVEL OF SERVICE 21 GLOSSARY 22 LIST OF TABLES Table 1 Table 2 Existing AM Peak Hour and PM Background AM Peak Hour and Table 3 Trip Table 4 Project AM Peak Hour and PM s With Project AM Peak Hour and Table 5 Table 6 Generation Rates Aspen Code Peak Ilour LOS 7 PM Peak Hour LOS 0 Vehicle Trip Ends per Unit Peak Hour Trip Generation PM Peak Hour LOS Requirements 11 11 16 16 LIST OF FIGURES Figure 1 Site Location Figure 2 Existing AM PM Figure 3 Background AM Figure 4 Project Trips AM Figure 5 With Project AM 3 Peak Hour Volumes summer PM Peak Hour Volumes PM Peak Hour PM Peak Hour 6 9 13 summer 5 ORGANIZATION OP TFIE TRANSPORTATION STUDY w In describing the impacts and mitigation for the proposed project this study follows typical procedures of the transportation planning profession This report is divided into three major sections Existing Conditions refers to toda5 straffic parking and transit conditions Background Conditions is a forecast ofconditions in the future project completion year without construction of the project This section takes into consideration such elements as changes in traffic volumes road construction and other developments likely to be completed It is referred to as background because these changes provide a background on which to apply the project Project Conditions examines conditions in This section focuses on the impacts of the the future yeaz with the project project impacts Where appropriate a figure of table illustrates each information including a glossary and proposes actions to completed mitigate those ofthe is contained in the sfindings Supplemental study Appendix r s w r Aspen Club and Spa 1 doc 2117treport TDA Inc I 7 Sep INTRODUCTION This mport describes the traffic impacts associated with the Aspen Club and Spa development project The project consists of developing 19 fractional ownership units and 12 affordable r units on the existing housing existing Aspen is proposed Club and Aspen Club and Spa property and to remodel portions of the Spa building No increase in net leasable area of the existing building LAND USE Fractional UNITS QUANTITY Ownership Club Units i 3 bedroom 4 2 bedroom 2 dwelling units dwelling units Townhouse Units 3 bedroom 9 dwelling units 4 bedroom 4 dwelling 12 dwelling units units Affordable Housing 2 bedroom r r In addition the project will provide 19 spaces in a secure subgrade garage for the fractional units l2 spaces th the same garage for the affordable housing as well as 5 surface spaces in front of the affordable housing units for temporary parking There will also be 98 spaces available on Lot 15 45 surface spaces and 53 subgrade spaces as well The project will remove an existing portion of the club be developed Figure 1 within and on the existing as as 35 surface spaces on Lot 14A 6 of the proposed fractional units will structure shows the location of the proposed project and study intersections This draft report is a revision of a draft done in 2005 It changes only the number of affordable 8 12 and revises the proposed parking supply Existing traffic volumes housing units from 0 are those of the 2005 report and were not recounted Project trip generation changed slightly The level of service calculations r were not redone However the increase in traffic volumes with service would not change from of the increase in affordable housing is so small that the levels their very favorable A and B levels With recalculation the average delays as shown in Table 5 might increase by a small probably insignificant amount r r Aspen Cfub and Sya doc N2117frepart Sep 7 07 TDA 2 Inc y E r Ave COpp r nt gtre E a r s r w Aspen Club and Site Location Spa Project SBe FIGURE 1 TQA Aspen Club and Spa 07 Sep 17 doc 2111heport TDA Inc 3 EXISTING CONDITIONS and Classification System Roadwa r Roadway classifications for the streets arterial verify Cooper in the study azea are Durant collector Original collector Ute residential Traffic Controls Two intersections were studied to determine project impacts Both of the intersections aze four E Cooper Avenue and S Original Street E Original Street Durant Avenue The driveway of the Aspen Club and Spa was also studied controlled way stop intersections S Public Transnortation The Roaring Fork Transportation Agency BETA provides both city and valley transit down service The Rubey Pazk transit station is located on Durant between Street Avenue Original and Monarch Street The transit station is served service is available from 6 30 AM City Routes to 00 AM Service is 2 six routes four of which Silver Queen Gondola on ten minute Aspen Club and Spa approximately by all summer serve by the RFTA and described below generally residential areas and headways ever routes run one serves the post office and The Cross Town Shuttle specifically runs to the 20 minutes Valley Routes During the summer there are 43 scheduled departures Mid valley routes depart every 30 minutes while routes serving Glenwood Springs are provided every two hours Seasonal Routes Special service is provided for events such the summer in the Aspen area t throughout Pedestrian as the Aspen Music Festival cle and Equestrian Transuortation Bic Existing pedestrian facilities aze found on S Original Street E Cooper Avenue E Durant Avenue and Ute Avenue r r RFTA website r Aspen Club and Spa doc 1i2171treport 07 p y7 TDA Inc 4 Turning Movement Volumes Figure 2 shows the turning movement volumes at each of the and the PM Peak hour Volumes are based on study intersections during the AM by TDA Inc on August 18 and counts collected 19 2004 r r r w r w 1 y Aspen Ciu6 and Spa 07 Sep 17 TDA Inc doc H2111trepart 5 l z63 33 61 176 63 82 54 18 31 S Z1 y 76 30 t r nu3n ECoppef Ava 20 138 39 w w E Ava 64 61 31 r 33 14 I 1 6Z 41 1 33 i 21 37 48 39 37 39 96 5 7 qtr 23 34 1 139 ee l 1 s a 3r1 h r y nlli I l2 r r Aspen Club and Existing AM PM Spa Traffic Volumes Project Site i FIGURE 2 TDL4 rac Aspen Club and 7 Spa 07 Sep TDA ti2111 treport doc 6 Inc M Intersection Operations w Intersection conditions were evaluated using the Higlnuay Capacity Manual 2000 and the latest version of Synchro 6 0 for signalized and updated 2000 unsignalized intersections The intersection and operating conditions aze indicated a level of service LOS letter operating by designation LOS provides a measure of delay ranging from LOS A free flowing minimal delay to LOS F extreme congestion long delays For signalized intersections total delay is estimated Additional information on LOS is provided in Appendix A Table 1 shows the existing LOS for each of the study intersections during the and the PM Peak hours All intersections operate Table 1 Existing at LOS B or AM Peak hours better under existing conditions AM Peak Hour and PM Peak Hour LOS Unsignalized intersections S Original St E Cooper Existing AM Peak hour Ave S Original St E Durant Ave Ute Ave Aspen Club and B 0sec B A A A Spa Existing PM Peak hour 8 sec 0 6 sec 5 A 6 sec 12 8 sec 8 sec 5 r Note that because summer traffic volumes in Aspen more summer visitors arrive by aze generally higher than winter volumes This is automobile than do winter visitors r r r r Aspen Club and Spa ii2 1 t 07 Sep 7 doc trepart TDA Inc 7 BACKGROUND CONDITIONS This section describes the estimated future traffic conditions in the study growth no area of the proposed project Because of the City sestablished background increases in traffic volumes were included development policy Figure 3 without of zero traffic Roadway Improvements No roadway from now or signalization improvements through are planned for the study area during the period 2007 Other Planned Projects No other projects affecting this study area were identified Public Transportation No significant changes are expected to the public transportation system in the study area r r r Aspen Club and Spa 07 Sep 17 2111 heport doc TDA Inc 8 a nl 7 33 81 776 14 y L 60 23 54 82 18 31 O y 124 63 21 1 76 30 1 r ub3n zo 73 39 aerA r 1 QMAva f 64 61 31 r 33 71 14 111 t 21 33 62 91 48 39 37 37 39 5 46 7 qtr 23 34 1 39 88110 S 4 i f371 J t f 1 7 IZn71 Aspen Club and Spa Background PM Traffic Volumes Project SBe TDV4 FIGURE 3 Aspen Club and Spa doc 2111heport 07 Sep 17 TDA 9 r AM Inc Traffic Operations Table 2 shows the background LOS for the AM Peak hour and the PM Peak hour with the existing conditions LOS In the AM Peak Hour and the PM Peak Table 2 Background Unsignalized hour all intersections remain intersections E Cooper Original St Ave Original St E Durant Ave Ute Ave Aspen Club and Spa S higher AM Peak Hour and PM Peak Hour LOS Existing AM Peak hour S at a LOS B or compared B 0 sec 10 Existing PM Peak hour B 6 sec 12 sec Background Background AM Peak PM Peak hour hour B 0 sec 10 B 6 sec 12 A8 0 sec A8 A 8 0 sec A 8 sect A A A 5 6 sec A 6 sec 5 8 sec 5 8 sec 5 i Aspen Club and Spa 17 07 Sep TDA Inc doc H2711treport 10 PROJECT CONDTI IONS This section describes estimated trip generation for the project impact on study intersections estimated parking needs and comparison with parking code requirements Generatron Tri Estimates of project trips are based on adjusted trip generation data found in the Institute of Transportation Engineers fl E Trip Genera Non 7 Edition These are summarized in Table 3 Adjustments Table 3 are Trip described following Table 3 Generation Rates Vehicle Trip Ends per Unit LAND USE TCE PM AM Trip Generation Code Peak Hour VTE Rate per Unit Resort Hotel 330 Resort Hotel 330 32 4 0 1 key 32 4 0 1 key 9 3 bedroom units Resort Hotel 330 Resort Hotel 42 0 3 32 4 0 1 key 4 39 0 0 DU Fractional Ownership Club Urritsz 2 2 bedroom 4 3 bedroom Townhouse Units 4 bedroom units 330 key Affordable Housing 12 2 bedroom VTE vehicle hip end Rise Mid Apartment 223 a vehicle trip end represents either the begiraung or end of a hip each trip has 2 tripcnds Fractional Ownership The fractional units r are considered fractional interest will be sold they lodge units based the Cit Land Use Regulations While s to the public for nightly rental units ITE Resort Horel was used the for lodge figure on will also be made available Because the fractional units are considered Affordable Housin The ITE figures for Mid Rise apartments make Using 1TE no distinctions for unit size trip generation rates we estimate that the proposed developments will result in a trips in the AM Peak hour and 21 trips in PM Peak hour Table 4 shows the net increase of 6 calculation of trip generation assumptions Table 4 Project AM Peak Hour and s PM Peak Hour LAND USE Trip Generation CI I QUAN Y Fractional Ownership 38 KEYS AM PM Peak Hour Trip Ends Trips In 87 Trips Out 4 9 Total 12 16 Affordable Housing 12 2 bedroom DU 12 TOTAL Z Each unit will have one lockom bedroom Nine units will each have Aspen Club and one for a total lockout bedroom for 2 2 5 4 10 11 6 21 16 of 12 keys a total of 22 keys Spa 07 Sep 17 doc 2111heport TDA Inc 11 Winter Conditions Note that summer traffic volumes in Aspen aze generally higher than winter volumes This is because more summer visitors arrive by automobile than do winter visitors Under winter conditions with packed roads the projected excess capacity may be reduced measurably snow Operations would continue to be in the acceptable range On a few days after a heavy snowfall road capacity will be further reduced However those conditions are infrequent enough that they should not be used for design and evaluation Transit These volumes aze probably conservatively high because they are based on data incorporating of transit In fact the Aspen Spa is served every 30 minutes sCross A town by RFI Shuttle 8 AM to 9 PM and by the Spa s own van service little use Trip Distribution and Assi rwrent Trip distribution refers to the direction trips travel to and from the site distribution for new PM Project trips peak hour trips Figure 4 shows the trip to and from the were proposed project site during the AM peak hour and assigned based upon existing distrbutlon r w r r Aspen Club and Spa 07 Sep 17 doc N2111heport TDA Inc 12 0 0 0 0 0 9 0 J 1i i 0 o o o y 0 6 0 O 90 ECocp A E e Qntgt 0 9 1 0 u o o 0 i o o o 0 qtr 0 6 0 1 9 1 w S eq wr IZ 6 lp O to oll Aspen Club and Spa Project Trips AM PM Roject Site T FIGURE 4 Aspen CIu6 and Spa N2ll1 heport da Sep 7 07 71JA Inc 13 umes Taming Movement Vo Figure 5 shows the AM and the PM volumes were determined by peak hour fuming volumes for the project year These adding the estimated project trips for the proposed project to the background volumes M W r r ur r Aspen Club and 07 Sep 17 Spa TDA Inc 2111 trepart doc 14 11 33 90 176 J 1 L 124 60 z3 59 82 18 31 F y 63 Zl 196 76 30 qtr 11 69 Z1 20 139 39 E Con e W ni quo E 65 70 31 33 80 1 62 41 48 39 35 90 19 t t 21 33 37 96 s 7 9 f42 29 43 n717Z F 3 I2 r Aspen Club and Spa With Project AM PM Traffic Volumes Project Site 4 TD FIGURE 5 uric Aspen Club and Spa 211 treport doc 17 o sev TDA Inc 15 Traffic Operation Table 5 shows the project LOS for the AM peak hour and the PA4 peak hour compared with the background conditions LOS In the AM peak hour and the PM peak hour all intersections operate at LOS B Table 5 With or better Project Unsignalized AM Peak Hour and PM Peak Hour LOS intersections S Ori l St E Coo S Ori ISt E Durant Ave Ube Ave As Width of n With Background AM Peak PM Peak AM Peak PM Peak hour hour hour hour B 10 0sec 6 sec B 12 2 sec B 10 B 12 8sec 0 sec A 8 A 8sec A A A 8 sec 5 A 5 7 sec r Ave Club and S With Background a 6 sec 5 Project 0 sec 8 A Project 9sec 8 A 6 0 sec Streets Adjacent The width of Ute Avenue is 21 feet Parking and Parking Suouly Reouvements Table 6 summarizes the applicable minimum parking code requirements and Affordable and 35 on Housing Units The existing Aspen lot 74A across the river Table 6 Aspen Code Club has a for the Fractional Units total of 91 spaces 56 on Lot 15 Requirements Source Land Use Aspen City Code Parking Supply Fractional Units Lodge Unit Parking Rate Unit 5 spaces per 0 Unit 7 space per unit key Units Affordable Housing Units Existing Aspen Club Source Vann cSOoates A w Table 7 identifies estimated peak parking code requirement Table 7 Parking Code Requirement r LAND USE Fractional Lod Affordable a Units Housing QUANTITY CODE REQUIREMENT ADDED Rate Stalls 38 ke Proposed Supply 5 0 9 19 in units 12 1 72 12 gazage 0 a n 91 40 Lot 15 s aza e 5 surface Units Existing Aspen Club on total Aspen CIu6 and 122 22 Garage 35 Lot 14 133 17 07 Sep TDA Inc Spa 2111heport doc 16 a n applicable because no expansion is planned The 91 space maximum was saccess to previously by the City at the time of a previous relocation of the Club not determined Ute Avenue The 40 surface in Lot 15 and 35 stalls on Lot 14 exist the 53 gazage spaces and 5 surface housing units are new spaces at the affordable Aspen Club and Spa doc 2111treport 17 07 Sep 1DA Inc 17 r MITIGATION No mitigation is necessary Traffic parking supply is operations will remain at a service and of high level the adequate r Aspen Club and Spa 07 Sep 17 doc ti2111treport TDA Inc 18 r r r INTERSECTION LEVEL OF SERVICE Level ofService LOS s a qualitative assessment ofintersection operations based on the average delay in seconds incurred by vehicles Delay is a surrogate measure of driver frustration fuel and lost travel time consumption For unsignalized intersections the total delay is calculated Total delay is the difference between through the intersection and the travel time if the vehicle had not been vehicles actual travel time fuming movements Only minor movements and major left intersections Major through movements have delay way stop controlled or slowed stopped are reported at two no For intersections stopped delay is estimated Stopped delay is the time period when in afully acceleration time or queue stopped position and does not include deceleration signalized vehicles are uptlme move Level of Service A represents minvaral unsignalized and delays and is flowing traffic free signalized poor traffic flow The range of delay for each LOS intersections is UNSIGNALIZED INTERSECTIONS LOS associated with long delays and F is associated with Total Delay in Stopped Delay Seconds in Seconds 5 B 5and570 l0and520 C l0and520 20and535 D 20 and 30 35 and S 55 E 30 and 5 45 SS and 580 F 45 80 Highway Source 1994 for SIGNALIZED INTERSECTIONS 510 A while LOS score Capacity Manual Update Transyt 7F Users Guide necessarily indicative ofintersection failure Rather LOS F may indicate experience long delays due to the timing of the traffic signal or other operational volumes oftraffic may sh71 flow through an intersection at overall LOS F problems High Level of Service F is not that drivers would Further an movements intersection may operate at overall LOS A even though one or more approaches or approach which is operates at LOS F This is true because oftentimes the movement very low volumes The LOS designation is based on the ouerall operation of the intersection In other words an intersection with 1 000 cars moving through it would still operate operating poorly has well if the Delay movement experiencing the long or unacceptable delay carries just a few cars analyzing the ratio of critical volumes to capacity The software module delay when volumes exceed capacity by certain amount In that case when volume exceeds capacity the LOS calculation Generally LOS is shown as is derived from cannot calculate LOS may appear Although always th a or it is sometimes true that an intersection operates at LOS F when appears this is not true r 07 Sep 17 Aspen Club and Spa TDA Inc doc g2111beport 21 GLOSSARY AVO Average Vehicle Occupancy The average number of people riding Also referred to as ACO for Average Car in a vehicle at one time Occupancy Background Growth A general level of traffic increase not relayed usually expressed as an annual percentage rate of growth to a specific site or project It is Capacity The maximum number ofvehicles that can be expected to travel over a given section of roadway or a specific lane during a given time period under pmvailing roadway and prevailing traffic conditions CBD Central Business District y design day is generally a busy day during the peak business season but not the design day is often used for determining parking needs and traffic volumes A the busiest day ofthe season would result in substantial excess capacity for to serve facility designed al but a few days of the year an unrealistic standard The design day standard provides a balance adequate cwpanty for most days of the year with recognition that it may be exceeded on five ro ten days per year Design Day A busiest Selection of a Design Year The year a development is scheduled to open Headway The time between vehicles moving of buses hequency HOV on a particular in the same direction Often used to indicate the bus route High Vehicle Occupancy Level of Service minimal delay LOS to A measure of intersection or LOS F roadway operating quality ranging from LOS A long delay Split The percentage of persons in a group which choose to travel different modal choices such as auto pedestrian transit and others Mode by one of a variety of The number of parking spaces occupied by one unit of measure e g per as s Parking parking generation rate in ITE per apartment sometimes calculated Generation Manual Parking Generation employee By Trips In the case of a new development particularly retail establishments certain Pass restaurants banks service stations and convenience markets trips are attracted from the passing traffic on adjacent streets that is traffic already passing by the site Thus when forecasted hips based on standard trip generation rates or equations are distributed some reduction is made ro account for those trips Peak Hour The hour of the day Often there is an m a and during which the heaviest m peak hour p volume of traffic occurs on a roadway rarely completely full due ro turnover and the difficulty m finding the few remaining open spaces For example for retail cusromers practical capacity is generally 85 ofthe supply For office employees who are familiar with a parking facility practical capacity generally rises to 95 07 Sep 17 Aspen Club and Spa Inc TDA doc 2111treport Practical Capacity Parking Facilities are 22 Queue Area Storage space of a street or within a pazking facility for vehicles entering or exiting Shared Pazking Parking space that can be used to service two or more individual land uses without conflict or encroachment The opportunity to implement shazed pazking is the result of two conditions variation in the peak accumulation of parked vehicles as the result of different activity pattern of adjacent or nearby area or land s people activities that result in uses by hour attraction to land by day by season relationships among single auto trip to two or more land uses on a a use given development w Phase That part of a traffic signal cycle allocated to a traffic movement s time combination of movements receiving the right way simultaneously of Signal or a SOV Single Occupant left turns g e Vehicle Traffic Warrants Criteria used to assess the necessity for traffic control devices g e traffic signal Transportation Management TDM Transportation Demand Management TMA Transportation Management Association TMO Transportation Management Ordinance TMP Transportation Management Plan VMT Vehicle Miles Traveled direction vehicle Trip A single or one inside a study site entering of origin or the destination exiting or assignment of vehicle trip volumes to the roadway network and the roadways of the generated vehicle trip volumes to individual driveways site Trip Assignment assignment movement with either the fhe development Trip Distribution The expected and intersections within the Trip Ends One trip end given period designated time over a is study equal of time directional distribution of generated site haffic on roadway links area to one are the Mp Mp generation purposes total trip ends for a land hips entering plus all trips exiting a site during that For total of all use calculated in trry ends Trip Generation The number of Mps generated by a development sometimes s Trip Generation Manual Generally trips both to and from a development are counted as in ITE W C Ratio Volume to capacity V a traffic facility Italicized terms unthin a ratio between the flow rate of vehicles definition are separately defined elsewhere in Sources TDA Ine 1TE Urban Land Institute Version Aspen the or people and to the capacity of glossary Highway Capacity Manual FTA APA 05 07 07 Sep 17 Club and Spa TDA Inc doc 2111heport 23 o17 jtA i N y r1 Irv Vw ul e ermepP gy a Mechanical 4teln Pig en Asf T EXHIBI tuh c t k it V Aspen Club Living Conceptual Energy Mechanical Systems Plan 1300 Ute Avenue Aspen Resource Report prepared by Zack Gustafson August Hasz P E Engineering Group Inc officlency wstainaplllty Colorado Resource simplicity Engineering Group Inc November 24 2008 Table of contents Section 1 Executive Summary Section 2 Conceptual System Description Section 3 Historical Data Breakdown Section 4 Energy Section 5 Final Savings Plan Development Energy Use Projections Section 1 Executive The total energy use AFL development historic energy of the entire 7300 Ute Avenue site after the is complete will be equivalent Aspen Club Living to or less than the site s recent use Summary Energy bills over the last three sf 600 million Btu yeazs average 18 yr or 240 kBtu 000 sf building The high energy use per square foot of the yr for the existing 77 existing site presents great opportunities for savings New development requires a complete HVAC retrofit for the existing building Overall energy use for the existing building including all site snowmel must be reduced to 15 900 million Btu yr or less o meet the stated goal The remaining 700 million Btu will be allocated 2 to the 000 sf of additional planned 73 residen ialspace New development must be designed fur 3R kBtu sfyr 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 the site The strategy for this reduction is addressed in Section 4 on Page 1 i tuai titt c n Ntecite S af r Ef rg tx t ee t r1Gen Section 2 teiF Conceptual System Description Whole site systems Source Heat AGround structure will Pump GSHP loop field under patios and the parking cooling and approximately 40 of peak provide heating for the entire site The loop field will consist of approximately 150 boreholes 200 ft deep and 15 ft apaz A campus wide digital controls systems will allow advanced energy savings 100 of peak strategies remote access and monitoring and energy use analysis will also provide data for energy use feedback to tenants Aspen Club building water and water to Water airGSHPs will provide space to pool heating and domestic hot water DHW heating The systems and cooling A high efficiency condensing modulating boiler array will provide an auxilliary source for peak heating events One or two larger air handlers using hot water coils for heating and evaporative media for cooling will replace all of the existing air handlers in the main azea of the existing building heat The lower level spa and massage rooms will be retrofitted with radiant hydronic ceiling panels for heating and Energy Recovery Ventilators ERVs for ventilation New residential units in the floor radiant tubing Aspen Club building will have in water GSHP units connected to cooling Water o he central loop field will provide hot and cold water for heating and cooling Individual GSHPs for each unit will allow for energy use sub metering Solaz thermal collectors were not included in this round of modeling but could provide heat for DHW requirements and offset pool energy use Affordable housing units The new affordable housing units will have in floor radian tubing and water to GSHPs water attached to the central loop field for heating Individual GSHPs per unit will allow sub ing of the living units No cooling will be provided for e me for and fan coil units for heating these units Town homes New own homes will have in floor radiant tubing for for cooling provide hot and cold water for heating and cooling for energy heating and fan coil units water GSHP units connected to the central to Water use loop field will Individual GSHPs will allow metering sub Page 2 1 pr n a 3 G i di Il rtiL M3 vanir rqy n Gi 1Uf3 rVx7t P18n r eP e S Section 3 Historical Energy Use Breakdown Existing Site Energy Use yr 600 Million Btu 18 Sn Tennis br heatir 7 Pool The average annual energy consumption of the site based on utility bills from January 2006 to July 2008 is 18 600 million Btu yr We used several methods and sVategies to split total energy consumption into he following areas Space heating and cooling We created an Energy 10 model an hourly analysis w Aspen weather data based on building envelope occupancy and observed operation o estimate annual usage Lighting and plug loads We used site observations HVAC sfinstalled and watts plug o estimate loads at 1 6 watts sfinstalled These scheduled in the Energy 10model based DHW Most of the heated water used on nn occupancy 5 lighting at 1 loads were peak patterns site is used for showers and calculated annual DHW energy use from overall water use Vends in and occupancy and estimated end use water temperature laundry We facility use heating We created an Energy 10 model based on the existing pool to approximate handler is not currently operational envelope yearly use The air and was not modeled All heating energy is provided by the pool and spa boilers Tennis bubble We created an Energy 10model to approximate yearly energy value of 1 7 use The model used the approximate dimensions of the bubble an R set of and the observed for the material a temperature F 50 point nameplate input and output of the bubble sdedicated air handler 80 efticiency snowmelt We modeled yearly energy use for snowmelt based nn Aspen Pitkin nergy Code calculations We used the nameplate rating of the snowmelt boiler F Pool sfenergy h and assumed 821 hours per year of runtime 125 btn area was modeled at approximately 2500 sf use snowmelt Page 3 i7zC iu ret Crlr ch ij s lY ai i1 r g t5t ii 9an A3Ku Gkttt9 n M Section 4 Keductions to energy azeas N Plan using a use in the existing Aspen Space heating cooling The breakdown ofthe yr of natural Btu Btu of electricity to yr crab space Heating zoooo isDDo existing m loooo o This represents 45 of building M from gas and 797 heat and cool the the total come Extettng existing energy bills shows an average energy use of 7 450 million million Club will combination of different methods use Using the sooo heating system described in Section 3 our analysis shows a G8 o reduction in the energy required for space resulting in Total Site heating Existing Use Reduced Use Energy 625 million Btu 5 yror 30 savings in total energy to meet cooling demands of he existing use use for he existing of primarily evaporative can be reduced the renovation using as part of lower wattage lighting and control that turn off lights and strategies equipment use when they aze A 20 reduction in an Existing zoooo extremely lighting crab slightly small due to the T i it gnting and Piug All energy tsooo m a f Lighting I 1D000 oaas i uses Savings I plugs i I sooo x s 3 not in and plug loads in the existing building results in 713 million yr or u B energy will increase cooling Lighting and plug loads Energy use by lights and 523 million equipment totals 3 yr 033 MWh Btu yr or about 19 of total yeazly energy use This building Cooling club The increase is D 13 7 523 3 T total 5 e rExisting Use Zug Reduced Use Energy additional 4savin gs in overall energy use Page 4 r rn ei G t ear P i E r ctiarfe n ysFe IaF t 4 n iuo DFIVy The energy spent for domestic use Existing heating water represents 3 1 70 million Btu yr or about 18 ofthe total site energy The oo ts laundry Using GSHPs we energy use by 50 and showers reduce which results in 670 million 1 the overall thermal a savings btus or yr energy panels use toooo o sooo of 9of Solar o total site were not modeled but could provide additional energy savings This technology use heating and ventilation development plan includes a major renovation to the pool facility A new building envelope and air handling use Solar thermal Heating toooo o sooo panels modeled but could provide additional Total Slte energy Tennis bubble Use Incresed Use Existing Club Tennis Bubbla Discarding the tennis bubble and its heating system as planned represents a 7 savings The bubble is a fairly simple structure with a straightforwazd heating system and is easily modeled Our model predicts an average use Existing Energy savings energy Pool the tsooo comfort in the space but will result in a small increase in pool were no Reduced Use zoooo system will greatly increase and thermal Use especially appropriate given Existing Club The quality would be in the club Pool indoor air Existing Energy round nature of DHW energy yeaz energy Hot Water of this is for majority can Ciub Domestic zoooo zoooo i tsooo toooo o sooo of 2 1 24 million yr of natural gas and 103 Btu million Btu yr of electricity for fans and lighting This is based on the optimistic 80 nameplate efficiency conditioning to N and 50 a total site Existing use Reduced use Energy of the existing heating system continuous 7 1 K insulation value for the skin of the bubble generous Page 5 s 3 YA oncepfuai r rhanirat s riszs Svs Exlsting Snowmelt The izlb tsn spen i t proposed azea Club Snowmelt zoooo for Snowmelt is 550 greater than the isooo increasing he the energy used We estimated increased use with calculations existing based azea on the t All ener9Y ii uses Snowmelt 1n000 0 Pitkin Aspen Energy Code and historic snowfall data for the Aspen E 5000 area a Total Site ExisBng Use Increased Use Energy Energy Savings Plan Srunmary The above savings measures in addition to increased energy use for pool heating and 370 million Btu yr or 34 over recent historic savings of 6 to supply the planned new development as energy use This represents enough energy small in construction design and allow for vaziability changes well as a cushion to absorb Snowmelt yield in energy use a total energy patterns of club guests and residential tenants Projected Site Energy Use yr 600 Million Btu 18 pace heating cooling 14 Snowmelt Lighting 18 Plugs 15 Tenr M h w y 0 Pool Heating 10 Page 6 U tSZt i iy r e t F tg t Y i ia a 2 Section 5 Final t Pir it 4n C t 4 Use New Energy Use 600 Mllllon Btu 18 yror less Affordable housing 2 Townhomes 8 Qub resldenN units 3 The energy use ofthe affordable housing town homes and club residential units shown in he graph above aze based on Energy 0 models developed from planned construction design System design was modeled as outlined in Section 2 The town homes as modeled will require 39 kBtu yr The club units will require 37 kBtu sf yr and the affordable sf units will 34 These will require numbers housing sf u kB yr vary somewhat based on final construction details and use lighting design occupant patterns Conclusion Our analysis shows that the goal of adding 73 000 square feet ofresidential space while less annual site energy is achievable We believe these results are conservative Detailed calculations and modeling results aze available for review upon J overall savings shown above represents the cushion to absorb request The 21 using the same or differences between planned energy use and the actual future energy use of the site Page 7 EXHIBIT A Chapter 26 440 Sec SPECIALLY PLANNED AREA SPA A Standards 030 440 26 for Designation Any land in the City may be designated Specially SPA by the City Council if because of its unique historic natural physical or Iocational characteristics it would be of great public benefit to the City for that land to be allowed design flexibility and to be planned and developed comprehensively as a multiple use development A parcel of land designated Specially Planned Area SPA shall also be designated on the City s Official Zone District Map with the underlying zone district designation which is determined the most appropriate The underlying zone district designation shall be used as a guide but not an absolute limitation to the uses and development which may be considered during the development review Planned Area process StaffFindinn In order for SPA designation to be approved this Standards for Designation requirement is the City Council after hearing a recommendation from the Planning and Zoning Commission must determine that because of the site s unique historic natural physical or locational characteristics it would be of erect public benefit to the Citv for that land to be allowed design flexibility and to be planned and developed comprehensively as a multiple use development Staff believes that the SPA designation would create a public benefit It will allow multi family affordable housing to be developed on the parcel which is not currently a permitted use in the underlying zone district This will enable the Club to house some of its employees that currently commute into Aspen reducing impacts on the transportation system and the entrance to Aspen Further the timeshare development will provide for the Club which the applicant has committed to reinvest in the Club building thereby enabling to Club to continue to provide a home for many of the profits non s Valley upgrade the Club and adding new specialized be made available to to the programming public Staff finds this criterion to be an must be met That met Sec 440 26Review standards for development in a 050 Specially Planned Area SPA A General In the review of a for a conceptual development and development application final development plan the following L Whether the plan Planning and Zoning Commission and the proposed development is compatible with development in the immediate vicinity of the parcel in terms bulk architecture landscaping and open space City or a Council shall consider enhances of land use the mix of density height Staff Finding The uses in the family multi Avenue there Both quite mixed with commercial single family free market residential and uses all on the adjacent properties Along Ute housing profit non short term accommodations The Gant as well as a variety of residential uses area are affordable are family single residential and In terms of architecture the intended to convey a family residential multi applicant are located across the river has stated that the residential scale that is proposed mass scale and materials are representative of the different buildings and uses in Exhibit A SPA Review Criteria Page I of 8 the area while also being true to the Club s use The townhome units residential in character mix of applicant has done this by making the a pitched and flat roofs a material palate of stone and wood that is similar to residential uses in the area modulation typical of residential townhomes and changing the existing blank facade of the club to be more articulated and pedestrian friendly The applicant made a number of changes to the site plan during conceptual approval in an attempt to open the site up and create a greater visual connection with the river moving one unit from the lower bench to the upper bench reconfiguring the siting of the units moving the Club entrance to an area that overlooks proposed open area between the townhome units The applicant has proposed a water feature as part of the landscaping plan This water feature is located in the middle of the site and runs from the lower bench to the here are upper bench T paths that run through the site to connect the timeshare units to the Club and the parking areas In addition the applicant is providing a permanent trail easement for the exists on site and connects the river with planning access without portions to the Club area staff and the fire creating additional of the upper bench Staff continues to have department paved building and parking to come up with areas a path currently The applicant worked to provide adequate fire area way The solution is the installation of grass pavers in area related to the scale and mass of the townhouse units on the and believes there is too much massing proposed on the site Staff believes the elimination or relocation of units 5 and 6 would create a clearer connection to the lower bench of the riparian area In terms of concerns site and would provide a needed break in the proposed massing landscaping and open space staff finds that additional refinement is needed for the The site is located near the urban landscape plan rural fringe and as such the area has a more rural feel than other areas of town The elimination or relocation of units 5 and 6 on the lower bench will help create the open landscape plan includes a great space staff finds is needed in this proposal The current deal of paving and seems rather formal Given the site s context staff believes less formal landscaping and less paving is needed Staff finds that the proposed use mix will fit in with and is consistent with the variety of uses on immediately adjacent parcels and the overall context of Ute Avenue Staff believes the proposed health and wellness program will be a good addition to the existing Club services and to the community in general the Overall staff finds this criterion 2 Whether sufficient public to not be met facilities and roads exist to service the proposed development Staff Findinn Sufficient public facilities and roads exist to serve the proposed development The traffic engineering report provided in the application indicates that the proposed development will not significantly alter the current service levels on Ute Avenue or at the intersections between the he applicant has worked with city Aspen Club and Cooper Avenue 1 Demand Transportation Management TDM tools that will help control staff to create a set of the number of trips on Exhibit A SPA Review Criteria Page 2 of 8 Ute Avenue result of this as a amount of traffic development Ute Ave The result of this applicant project has also committed to not increase the The applicant has also committed to paying for street improvements to Ute Avenue including speed tables a trail connection and sac Further the Applicant has agreed to de paving part of the cul upgrade the existing water service line and to relocate a sewer line to accommodate the proposed units Staff finds this on as a criterion to be met 3 Whether the parcel proposed for development is generally suitable for development considering slope ground instability and the possibility of mudflow rock falls avalanche dangers and flood hazards the Staff Findinr The has located all Applicant floodplain avalanche study as the blue zone 100 years agreed development No other natural hazards part of the final According are outside the s mapped 100 Roaring Fork River year believed to affect the lot The applicant conducted an application which found the affordable housing units are in to the study blue zone avalanches have a return period of 30 to 1 to 3 probability annually The applicant and Engineering Department have the mudflow risk evaluated by the Colorado Geologic Survey Staff finds this or a to have criterion to be met at this time 4 Whether the proposed development creatively employs land planning techniques to significant view planes avoid adverse environmental impacts and provide preserve open space trails and similar amenities for the users of the project and the public at large Staff Finding The proposal replaces existing building and adds affordable tennis courts with housing lodging units adds lodging units to the units to anunder utilized portion of the site existing While there protected view planes in the vicinity Staff believes it is important to retain the perception of the riparian corridor throughout the site During Conceptual Review the Applicant made to the architecture changes and site plan to address Staff s concern The applicant did move the are no club entrance to ensure views to the river were maximized However Staff does not believe these changes go far enough to ensure the riparian area is made prominent in the design Staff believes the elimination or relocation of units 5 and 6 will help open the site plan and make the riparian area more prominent There is an existing path that crosses the Aspen Club property near the river This path will be maintained in the proposal Additionally the applicant has committed to installing a sidewalk on their property along Ute Avenue to help complete a needed pedestrian connection The applicant is also formally dedicating the trail from the river to the area for the use and running benefit of the The applicant drainage the on has provided information from SGM Engineering stating there is adequate Engineering Department has reviewed the application and is working with ensure there is adequate documentation provided for the proposed drainage site applicant parking public to The xhibit A SPA Review Criteria F Page 3 of 8 Overall 5 Staff finds this criterion is not met Whether the proposed development is in compliance with the Aspen Area Plan Comprehensive Staff Finding Staff believes that in the Aspen Area Community Plan are met but has of the AACP The Application meets a number of relating aspects AACP goals related to affordable housing economic Sustainability and arts and culture and has made changes since Conceptual Review to meet goals related to transportation The Applicant has also made changes to the site plan which Staff believes the closer to some number of the a goals to other concerns brings the related to goals community character design project and open space environment Staff finds this review criterion to be met meeting Overall Housine The Applicant is providing 145 of the required Affordable Housing which is an important step helping the community meet the Affordable Housing goals outlined in the AACP The Housing section of the AACP states the intent of affordable housing is to create an affordable housing environment that is appropriately scaled and distributed throughout existing and new in neighborhoods Intent and free market the adjacent pg 25 This with affordable lodging building Club and other development proposal housing mixes free market commercial The affordable housing is scaled to relate to surrounding buildings This section also states that Our housing policy should bolster our economic and social variety and enhance our sense of community by integrating affordable housing into the fabric of our town A healthy social balance includes all income ranges and types of people Each project should endeavor to further that mix and to avoid segregation of economic and social classes by project Philosophy pg 25 This proposal would provide 12 new affordable rental units for housing Aspen Club Employees A mix of category 2 3 and 4 units are proposed which will ensure the housing is accessible to a wide range of income levels diversity reinforce Managing Growth The AACP Chapter lists one of the main goals of managing growth as foster through integrated design that promotes economic diversity transit and pedestrian friendly lifestyles and the mixing of people from different backgrounds Goal E pg 19 The proposal will promote a mix of backgrounds through the Club use as well as the affordable housing residents and lodge visitors that will be on site Additionally a detailed transportation plan is proposed that promotes pedestrian access to the site and the use of alternative modes of transportation a Managing Growth balanced community well Economic Sustainability Further the Economic Sustainability section of the AACP recognizes that local ownership of helps s community character tends to return more money to the local economy and provides additional opportunities for upward mobility of people and that the community and its governments should support local ownership as well as owned externally businesses that are locally serving and locally involved Philosophy pg 31 The Aspen Club business maintain our unusual Exhibit A SPA Review Criteria Page 4 of 8 is owned by variety proposal a of this goal visitors locals the and to of locals and is to provide locals non a new but it is a locally operated business The stated opportunity for residents and health and wellness the money raised through the timeshare sales to subsidize programs for The Club currently provides services and events that are designed for locals including use with Michael program that highlights a local non profit and their activities every week in the summer as well as periodic health lectures Staff believes that the concept of this Tuesdays application is good one Area Community Plan a and will go a long way toward furthering the goals outlined Aspen The Economic Sustainability section also states that it is important to encourage resource efficiency responsibility and cultural and community sensitivity in local organizations and in construction Policies pg 32 The applicant used the new LEED for Neighborhood standards in developing the proposal This requires that development be done using environmentally friendly techniques To that end the applicant is investigating ways to minimize construction impacts utilizing alternative renewable energies and various energy efficient materials The applicant has committed to no net new energy use as a result of this project environmental Arts Culture Education The AACP states that arts culture and education are acknowledged as essential to s Aspen thriving year round economy its vibrant international profile and its future as a unique place to live work and learn Philosophy Pg 45 The Aspen Club currently works to promote the profits through Arts Culture and Education of the Aspen Area by supporting local non of office space and financial support and by programs for Club members and community members at continue this commitment if the application is approved provision facilitating educational and wellness large The applicant has pledged to Environment Open Space The Parks Open Space Environment section of the AACP discusses the need to preserve enhance and restore the natural beauty of the environment of the Aspen Area Intent pg 34 Staff believes the changes made to the application during conceptual review help the proposal move in the direction of enhancing the riparian area on the site and bringing the riparian area into the site however staff believes the current mass detracts from the natural beauty of the area The removal or relocation of units 5 and 6 would further help the development meet this section Parks of the AACP Developments should be in accordance with the Wildlife and Biodiversity map and the Parks Open Space and the Environment map to protect sensitive habitat areas e g riparian corridor and Elk habitat Policies pg 35 The development is respecting the required stream margin setback and the applicant has worked with the Parks Department to ensure that construction methods will not negatively impact the riparian area This section also states that All Design Quality The Design Quality eclectic mix of design styles The section also development retain and encourage an and enhance the special character of our community diversity tempered by context sometimes historical section of the AACP asks that to maintain states that we favor Exhibit A SPA Review Criteria Page 5 of 8 sometimes opposed to arbitrariness Context refers first to region then town neighborhood finally the natural and man made features joining a particular development site Decisions regarding scale massing form materials texture and color must be first measured by context Contextual appropriateness transcends style alone Philosophy pg 42 not as and Staff believes the ideas put forward in the Application for a health and wellness facility are good goals and that the site plan changes at Conceptual have moved the proposal in the direction of combining ensure the this goal with the development proposed architecture will enhance the special Further Staff finds that the changes help character of our community The Aspen Club site is unique and this Application proposes a unique addition to the Club Staff believes the changes to the site plan begin to reflect these opportunities In terms of uses the project does a good job of relating to the immediate context which is comprised of a variety of uses In terms of massing staff is concerned that there is too much mass on the site given its context of being on the urban rural fringe The elimination or relocation of units 5 and 6 would help better meet the Design Quality section of the AACP Transportation The AACP has a number of goals and policies related to Transportation including a that policy mixed patterns that enable and support travel growth should be structured on compact use foot bicycle and public transportation for all types of trips Policies pg 22 Additionally new by Transportation Chapter includes goals to maintain and improve the appeal of bicycling and by adding sidewalk connections replacing sidewalks and requiring sidewalks as part walking of development approvals where appropriate Goal C pg 22 and the appeal of carpool or vanpooling for a wide variety of trip types Goal D pg 22 The Transportation Chapter also includes a policy to require all employment school social recreation or other activities that generate demand for travel to mitigate traffic impacts through support of alternative transportation modes in proportion to trips generated Policies pg 22 the applicant has worked with city staff to create a set of Transportation Demand Management TDM tools that focus on alternative forms of transportation including carsharing vanpools carpooling biking and walking The applicant has also committed to installing a new sidewalk along Ute Avenue to make walking and biking safer and more viable The TDM plan includes a The commitment to continue use of the Cross Town Shuttle and the use of coordinated and vans as visitors who stay at other hotels but want to use the Aspen service at the airport is also proposed for the timeshare users Staff pick up believes that the TDM plan meets the goals and policies of the AACP related to Transportation shuttles for Club 6 employees as well Coordinated proposed development will require the expenditure of excessive public provide public facilities for the parcel or the surrounding neighborhood Whether the funds to Findine Staf application states that all costs associated with public borne by the Applicant This includes the realignment of The traffic study indicates that Ute Avenue addition the applicant transportation for club has created users club can infrastructure a sewer accommodate the line s proposal improvements will be The Applicant s new traffic generation In comprehensive fDM plan to encourage alternative modes of employees affordable housing resident and timeshare owners a Exhibit A SPA Review Criteria Page 6 of 8 speed tables and humps for Ute Ave has also been proposed to ensure the road is safer for pedestrians The applicant has committed to zero growth in traffic as a result of this project The applicant has hired consultants to assess the existing water flows to determine if adequate flows exist for fire safety and the preliminary report indicates there are adequate flows The applicant is working with the City Water and Fire Departments to confirm this The applicant is also working with the Engineering Department to ensure adequate drainage exists on the site A safety plan While no net which includes truck new delivery traffic is that the Conceptual approval existing standards Some improvements to accommodate truck traffic anticipated the part of this project it applicant applicant is responsible for the was adequate pavement sac pavement will de cul is working with the Engineering existing The determine to what extent the as sac does not have de cul improvements found after city to meet be needed to Department to Staff finds this criterion to be met at this time 7 Whether proposed development on slopes in excess of twenty percent 20 2 B 040 445 slope reduction and density requirements of Subsection 26 meet the Staff Finding The s property meet Ute Ave northern lot line lies in the on the south There are Fork River and then the property slopes up to in excess of 20 and the Applicant has made the Roaring slopes density reductions The total square footage appropriate slope 047 square feet of land area is available 232 but after slope reduction 171 215 calculations The proposed development equals approximately 95 000 square feet reduction and approximately on the lot is for floor or an area FAR of 55 Staff finds this criterion to be met 0 1 H Whether there are sufficient GMQS allotments for the proposed development Staff Finding requested the necessary Affordable Housing and Lodge Growth Management Allotments The proposal will decrease the amount of commercial space on site so growth management allotments are not required The applicant needs 12 affordable housing allotments and 124 lodge pillow allotments In a single growth management yeaz there are 112 lodge pillow allotments available Because the applicant needs 12 more pillow allotments then are available in this growth management year they have requested multi yeaz allotments Staff finds this The Applicant has criterion to be met requirements of the underlying zone district provided however that variations from those requirements may be allowed based on the standards of this Section Variations may be allowed for the following requirements open space minimum distance between buildings maximum height minimum front yard minimum rear yard minimum side yard minimum lot width minimum lot area trash access area internal floor area ratio number of off street parking spaces and uses and design standazds of Chapter 26 410 for streets and related improvements Any variations allowed shall be specified in the SPA agreement and shown on the final development plan B Variations permitted The final development plan shall comply with the Exhibit A SPA Review Criteria Page 7 of 8 Staff Finding There are are no requests to vary the dimensional requirements as part of the SPA made under the PUD request Staff finds these criteria to not be These requests applicable Exhibit A SPA Review Criteria Page 8 of 8 EXHIBIT B 445 Chapter 26 PLANNED UNIT DEVELOPMENT Sec 26 050 Review Criteria 445 A for development application PUD shall comply associated with with the conceptual following requirements properties eligible or minor Due to the limited issues for minor PUD review certain noted The burden shall rest upon an Applicant to show the applied of the development application and its conformity to the standards and as procedures of this A General requirements development 1 standards and reviews and standards shall not be reasonableness conceptual final consolidated and minor PUD conceptual final consolidated conceptual and final Chapter and The proposed this Title shall be consistent with the Aspen Area Community Plan Staff Findine Community Plan are met but has some concerns relating The Application meets a number of AACP goals related to affordable housing economic sustainability and arts and culture and has made changes since Conceptual Review to meet goals related to transportation The Applicant has also made changes to the site plan which Staff believes brings the project closer to meeting environment Overall the goals related to community character design and open space Staff believes that a number of the goals in the Aspen Area to other aspects of the AACP Staff finds this review criterion to be met Housing The Applicant is providing community 145 of the required Affordable Housing which is an important step Housing goals outlined in the AACP The helping section of the AACP the intent of affordable housing is to create an affordable states Housing housing environment that is appropriately scaled and distributed throughout existing and new market commercial neighborhoods Intent pg 25 This development proposal mixes free and free market lodging with affordable housing The affordable housing is scaled to relate to the adjacent Club building and other surrounding buildings the in This section also states meet the Affordable that Our housing policy variety and enhance our sense should bolster our economic and social of community by integrating affordable diversity reinforce housing into the fabric of our town A healthy social balance includes all income ranges and types of people Each project should endeavor to further that mix and to avoid segregation of economic and social classes by project Philosophy pg 25 This proposal would provide 12 new affordable housing rental units for Aspen Club Employees A mix of category 2 3 and 4 units are proposed which will ensure the housing is accessible to a wide range of income levels Managua Growth Managing Growth Chapter lists one of the main goals of managing growth as foster a well balanced community through integrated design that promotes economic diversity transit and pedestrian friendly lifestyles and the mixing of people from different backgrounds Goal E pg 19 The proposal will promote a mix of backgrounds through the Club use as well as the The AACP Exhibit B PUD Review Criteria Page I of 18 affordable housing residents transportation plan is and proposed lodge visitors that will be that promotes pedestrian on site access Additionally to the site a detailed and the use of alternative modes of transportation Economic Sustainability Further the Economic business helps Sustainability section of the AACP recognizes that local ownership of community unusual character tends to return more money to the s local economy and provides additional opportunities for upward mobility of people and that the community and its governments should local support ownership as well as externally owned businesses that are locally and serving involved Philosophy pg 31 The Aspen Club locally is owned by a variety of locals and non locals but it is a locally operated business The stated of this is to goal proposal provide a new health and wellness opportunity for residents and visitors and to use the money raised through the timeshare sales to subsidize programs for locals The Club currently provides services and events that are designed for locals including the Tuesdays with Michael program that highlights a local non and their activities profit every week in the summer as well as periodic health lectures Staff believes that the concept of this application is a good one and will go a long way toward furthering the goals outlined Aspen Area maintain Community our Plan The Economic Sustainability section also states that it efficiency environmental responsibility and cultural is and important to encourage community sensitivity resource in local and in construction organizations Policies pg 32 The applicant used the new LEED for Neighborhood standards in developing the proposal This requires that development be done using environmentally friendly techniques To that end the applicant is investigating ways to minimize construction impacts utilizing alternative renewable energies and various energy efficient materials The applicant has committed to no net new energy use as a result of this project Arts Culture Education The AACP states that arts culture and education round economy its vibrant international thriving year acknowledged as essential to Aspen s profile and its future as a unique place to live work and learn Philosophy Pg 45 The Aspen Club currently works to promote the Arts Culture and Education of the Aspen Area by supporting local non profits through of office and financial and educational and wellness provision space support by facilitating for Club members and community members at large The applicant has pledged to programs continue this commitment if the application is approved Parks Open Space he 7 are nvironment F Parks Open Space Environment section of the AACP discusses the need to preserve Aspen Area Intent pg 34 Staff believes the changes made to the application during conceptual review help the proposal move in the direction of enhancing the riparian area on the site and bringing the riparian area into the site however staff believes the current mass detracts from the natural beauty of the area enhance and restore the natural the removal or beauty of the environment of the relocation of units 5 and 6 would further help the development meet this section of the AACP Exhibit B PUD Review Criteria Page 2 of 18 This section also states that All Developments should be in accordance with the Wildlife and Biodiversity Parks Open Space and the Environment map to protect sensitive habitat areas e g riparian corridor and Elk habitat Policies pg 35 The development is respecting the required stream mazgin setback and the applicant has worked with the Parks Department to ensure that construction methods will not negatively impact the riparian azea map and the Design Quality The Design Quality section eclectic mix of design styles of the AACP asks that to maintain and enhance The section also states that we favor development retain and encourage an the special character of our community diversity tempered by context sometimes historical sometimes not as opposed to arbitrariness Context refers first to region then town neighborhood and finally the natural and man made features joining a particular development site Decisions measured by regarding scale massing form materials texture and color must appropriateness transcends style alone Philosophy context Contextual be first pg 42 Staff believes the ideas put forward in the Application for a health and wellness facility are good goals and that the site plan changes at Conceptual have moved the proposal in the direction of combining this goal with the proposed architecture Further Staff finds that the changes help ensure the development will enhance the special character of our community The Aspen Club site is unique and this Application proposes a unique addition to the Club Staff believes the changes to the site plan begin to reflect these opportunities In terms of uses the project does a good job of relating to the immediate context which is comprised of a vaziety of uses In terms of massing staff is concerned that there is too much mass on the site given its context of being on the urban rural fringe The elimination or relocation of units 5 and 6 would help better meet the Design Quality section of the AACP Transportation The AACP has a number of goals and policies related to Transportation including a that policy use patterns that enable and support travel growth should be structured on compact mixed and for all by foot bicycle public transportation types of trips Policies pg 22 Additionally the Transportation Chapter includes goals to maintain and improve the appeal of bicycling and by adding sidewalk connections replacing sidewalks and requiring sidewalks as part walking of development approvals where appropriate Goal C pg 22 and the appeal of carpool or vanpooling for a wide variety of trip types Goal D pg 22 The Transportation Chapter also includes a policy to require all employment school social recreation or other activities that generate demand for travel to mitigate traffic impacts through support of alternative transportation modes in proportion to trips generated Policies pg 22 new The applicant has worked with city staff to create a set of Transportation Demand Management TDM tools that focus on alternative forms of transportation including carsharing vanpools carpooling biking and walking The applicant has also committed to installing a new sidewalk along Ute Avenue to make walking and biking safer and more viable The TDM plan includes a commitment to continue shuttles for Club employees Coordinated believes that use as of the Cross Town Shuttle and the well as use of coordinated visitors who stay at other hotels but want to use the airport is also proposed for the timeshare users up service at the pick the TDM plan vans meets the goals and policies of the AACP related to Exhibit B and Aspen Staff Transportation PUD Review Criteria Page 3 of 18 requirements all front the north side of the yard lots setbacks aze and all the side the south side of the lots all the yazd setbacks aze the rear east and west yard setbacks sides of the lots Underlying RR Dimensional Proposed Dimensional Requirements for subdivided lots Dimensional based Requirement Size on Requirements fathering parcel sq ft 661 124 Total Lot Area 4 941 acres or 215 232 sq ft Lot 2 N A Lot 3 812 sq ft 10 Lot 4 sq ft fr Lot 5 26 110 355 s 9 Lot Area afrer Reduction Slope per dwellin unit Dimensional 0 2 acres 047 sq fr 171 Minimum Lot Area Zone District Re uirements Lot 1 Minimum Lot aze on Family Multi A N A N A N Lod e A N Lot 1 277 Feet Minimum Lot Width Lot 2 N A Lot 3 135 Feet 352 Feet 200 Feet Lot 4 266 Feet Lot 5 95 Feet ot 1 30 feet above I Minimum Front Yard Setback grade 5 feet below grade 5 Feet for Affordable 7 Lot 2 N A Lot 3 10 feet Housing 30 Feet Units Lot 4 0 feet Lot 5 5 Feet 7 Lot 1 0 feet above and below grade Minimum Side Lot 2 N A 5 Feet Yard Setback Lot 3 Affordable East Side Lot 4 20 feet Lot 5 10 feet east side for Housing Units 20 Feet 5 feet Lot 1 60 feet above 20 feet above feet grade for for garage grade below grade Minimum Side stair 5 Yard Setback A Lot 2 N West Side Lot 3 20 feet Lot 4 on building access 5 Feet on west side for subgrade garage 20 feet for timeshare Unit 1 20 Feet 100 Feet 20 Feet 5 feet Lot 5 0 feet Lot I 100 feet 15 feet from Top of Slope Minimum Rear Lot 2 N A Yard Setback Lot 3 10 feet Lot 4 10 feet Lot 5 Maximum Height 10 feet Pitched Roofs Lots 3 4 Units 1 7 14 Affordable Townhouse Units 28 feet Housing 11 Northwest Unit Corner Exhibit B 28 Feet 32 PUD Review Criteria Page 5 of 18 Underlying Proposed Dimensional Dimensional Zone District Dimensional Requirements for subdivided lots based Requirement Requirements fathering parcel on Dimensional Re uireroents Flat Roofs Units 5 2 8 13 28 feet Club Units Lot 2 28 feet Affordable Housing Units Lot 5 28 feet with the following exceptions Unit 11 Northwest Corner 32 feet Unit 12 Northwest Corner 41 feet feet Unit 12 Southwest Corner 31 25 feet Aspen Club Building Lot 1 28 feet 25 feet 31 Affordable 12 Housing Unit Northwest Corner 41 feet Affordable 12 Housing Unit Southwest Corner Minimum O en S A N A N A N ace Total FAR 1 55 Total 94 750 sq fr 1 55 Total FAR 94 sq fr 750 family affordable housing units Multi Allowable housing units 12 390 sq ft Lodge 50 490 sq fr 410 Townhouse Units 34 sq fr Club Units 16 080 sq 12 390 sq fr Floor Area Lodge 410 34 490 sq ft Townhouse Units 50 sq fr Club Units 16 080 sq ft Commercial 870 Club 31 family Single family affordable Multi Total fr sq ft Commercial Club 31 870 Same Zone 15 R as district family Multi A N A N Lodge Commercial N A sq ft 132 spaces total Lodge 20 spaces 132 spaces total Minimum Off Street Parking Lodge 20 spaces Aspen Club and Spa spaces on Lodge spaces 5 per key 20 spaces Club and Spa 1 95 spaces 60 Lot 1 35 spaces on Lots 14A Aspen Club and spaces 60 35 spaces 14W AH units 17 spaces Spa spaces on on 95 Lot 1 Lots 14A space per 1000 sq fr of net leasable 43 14W spaces AH units 17 spaces AH units 1 space per unit 12 spaces 1 The proposed dimensional requirements for the subject property compatible a with the following influences The character in the and of surrounding on are appropriate and land uses the property compatibility with existing and expected future area StaffFindins The uses in the area are quite mixed with commercial single family housing and non profit uses all on residential multi family affordable properties Along Ute Avenue there are short term accommodations Exhibit B free market the as adjacent well as a PUD Review Criteria Page 6 of I S variety of residential uses adjacent pazcels as well as the proposal is consistent he 1 proposed the overall uses are consistent with the use mix the on context of Ute Ave Overall the height of underlying zoning exceptions are to accommodate the affordable housing units The affordable housing units are located in a portion of the upper bench of the site that is lower than the surrounding areas It is lower than the existing club structure the adjacent Silverlining Ranch and lower than the Ute Avenue right of way Staff believes the proposed heights will fit in the context of the development and neighborhood because the ground elevation is much lower than the surrounding ground elevations use with the The three Staff finds this criterion to be met b Natural or made hazards man Staff Finding The has located all Applicant development outside the Roazing Fork River s mapped 100 floodplain No other natural hazards are believed to affect the lot The year applicant conducted an avalanche study as part of the final application which found the affordable housing units are in the blue zone According to the study blue zone avalanches have a return period of 30 to 100 yeazs or a 1 to 3 probability annually The applicant and Engineering Department have agreed to have the mudflow risk evaluated by the Colorado Geologic Survey Staff finds this criterion to be met at this time c Existing natural characteristics of the property and surrounding area such steep slopes waterways shade and significant vegetation and andforms as Finding Staf Most of the already been impacted by development The riparian area is being maintained through the fifreen 15 foot top of slope setback required by the Stream Margin portion of the Land Use he Code No development including excavation is permitted in this setback area 7 has worked on the relocation of the existing with the Parks applicant Department walkway that connects the Aspen Club Trail and the parking across the river to the development proposed club Staff finds this criterion to be d is within areas of the site that have met made characteristics of the property and the Existing and proposed man area such as noise trafftc transit pedestrian circulation parking surrounding and historical resources Staff Finding The Ave proposed as a lowering the expected traffic impacts on Ute result of this incentives for the CarShare residents TDM tools will assist in and development These tools include the use of carpooling and employees to use alternative modes of transportation participation in program the availability of bikes for use by affordable housing timeshare users and coordinated shuttle service Exhibit B for visitors PUD Review Criteria Page 7 of 18 Additionally the applicant pedestrian friendly traffic as a is installing environment result of this The a sidewalk applicant along Ute Ave to create has also committed to zero a more growth in project Staff finds this criterion to be met 2 The proposed dimensional requirements permit a scale massing and quantity of open favorable to the character of the proposed space and site coverage appropriate and PUD and of the surrounding area Staff Finding No open space is currently proposed on site Staff recommends the Applicant look at ways to consolidate the paths that are used to access the individual timeshare units to help create more will help Staff finds this criterion is not met space 3 for open space Further Staff believes the elimination of units 5 and 6 created needed visual relief from the massing and will create better quality open opportunities The appropriate number of off street parking spaces shall be established based on the following considerations a The probable number of cars used by those using the proposed development including b The residential land any non varying proposed time periods of use uses whenever joint use of common parking is The c availability of public transit and other transportation faci ides including those for pedestrian access and or the commitment to utilize automobile disincentive techniques in the proposed development d The proximity of the proposed development activity centers in the city to the commercial care and general Staff Finding The proposal includes 132 code required amount an parking spaces divided as follows 20 for the timeshare units 17 for the affordable housing units code requires 12 spaces and additional 5 spaces that aze being provided for short term use i e for guest parking or and 95 for the club is 4 more drop off spaces this spaces than was approved for grocery by City Council in 1996 grade gazage to help reduce such The applicant examined the amount of surface locating more parking in the sub parking The water table is located in subgrade parking cannot be accommodated on this site The 20 timeshare and 12 of the affordable housing spaces will be located in the subgrade garage Employees of the Club will continue to use Lots 14A and 14W located across the river for their parking which will make more onsite parking available for club users In addition the applicant has created a detailed TDM plan that employs a number of alternative transportation modes in an effort to reduce the project s dependence on the car a way that additional Exhibit B PUD Review Criteria Page 8 of 18 and need for parking No parking is permitted along Ute Ave Staff finds these criteria to be met 4 The maximum allowable density within a PDD may be reduced if there exists insuffrcient infrastructure capabilities Specifically the maximum density of a PDD may be reduced if There is not sufficient water pressure drainage capabilities or other utilities to a service the proposed development b There are not adequate roads to ensure fire protection snow removal and road maintenance to the proposed development lFinding Sta s expense This Adequate public facilities exist and will be upgraded at the owner includes the realignment of a sewer line The Applicant new traffic indicates that s study Ute Avenue can accommodate the proposal In addition the s traffic generation has created a TDM to alternative modes of applicant comprehensive plan encourage transportation for club users club employees affordable housing resident and timeshare A safety plan which includes speed tables and humps for Ute Ave has also owners been proposed to ensure the road is safer for pedestrians The applicant has committed to zero growth in traffic as a result of this project The applicant has hired consultants to the assess existing water flows to determine if adequate flows exist for fire safety and the preliminary report indicates there are adequate flows The applicant is working with the City Water and Fire Departments to confirm this The applicant is also working with the Engineering Department to ensure adequate drainage exists on the site Staff finds this criterion to be met at this time 5 The maximum allowable hazards or density within a PUD may be reduced if there exists natural features Specifically the maximum density of a PUD critical natural site may be reduced if a The land is not suitable b instability The effects of the due to or watershed c d for the proposed development because of ground of mudflow rock falls or avalanche dangers proposed development are detrimental to the natural runoff drainage soil erosion and consequent water the possibility pollution The proposed development will have a pernicious effect on air quality in the surrounding area and the City The design and location of any proposed structure road driveway or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site Staff Finding Staff does not find any significant natural hazards on the site that would necessitate a density reduction For the most part the proposed development is located in areas of the site that currently application contain development Staff does not believe the s natural watershed site The Based proposal applicant is on the information will involve working with a provided pernicious impact engineering to ensure in the on the drainage Exhibit B PUD Review Criteria Page 9 of 18 into the watershed and Roaring Fork River is properly treated Staff finds this criterion to be met at this time 6 The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site s physical constraints a The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan AACP or a specific area plan to which the property is subject b The site sphysical capabilities can accommodate additional density and there exists no negative physical characteristics of the site as identified in Subparagraphs 4 and 5 above those areas can be avoided or those characteristics mitigated c The increase in maximum density results in a development pattern compatible with and complimentary to the surrounding ezisding and expected development pattern and uses and characteristics Notes Lot sizes for individual lots within a PUD may be established at lower rate than specified in the underlying Zone District as long as a the entire PUD Zone District conforms or as to the maximum otherwise established pursuant b higher on or average density provisions of the respective as the maximum allowable density PUD final Development Plan approved dimensional requirements for all lots within required to be reflected in the final PUD development plans to a a The the PUD are Staff Finding There set are no is established creating a density requirements the PUD by critical mass for the Rural Residential Staff believes that the for club services density Staff does have on RR district so density appropriate in terms of related to the massing of zone site is concerns the site and would like to see units 5 and 6 removed or at the very least relocated to another area of the site say create additional club units Staff finds this criterion to be met C Site Design The purpose of this standard is to ensure the PUD enhances public spaces is complimentary s natural and man to the site made features and the adjacent public spaces and ensures the s public 1 health and safety The Existing interest natural or a preserved or or proposed development made features man of shall comply with the following the site which specific reference to the past or contribute an appropriate manner are to the unique provide visual identity of the town are enhanced in StaffFinding The site has asset in the River which crosses the site The Applicant will abide by all requirements for stream margin review which will help preserve the riparian area There is an existing path that crosses the stream margin azea and the applicant a great Roaring Fork Exhibit B PUD Review Criteria Page 10 of 18 has worked with the Parks and Community Development Departments on a new location for the path that will minimize the impact to the hillside The realigned path will also be dedicated a trail easement The proposed development and utilities are formally through located outside of the stream margin area However staff does not believe that the site plan appropriately preserves or enhances this important natural feature The elimination of units 5 and 6 would help alleviate staff s concerns At this time staff finds this criterion is not met 2 Structures have been clustered to appropriately preserve significant open spaces and vistas Staff Finding significant existing open No where the tennis courts proposed applicant amended the site property Staff does 3 alleviate staffs Structures are context where plan are proposal as the timeshare units currently located During Conceptual approval to create a larger not believe this has created views of the river and help spaces will be lost with this riparian or the on the lower bench of the area to preserve and enhance open space large enough The elimination area At this concerns a are relocation of units 5 and 6 would time staff finds this criterion is not met appropriately oriented to public streets contribute to the urban or rural appropriate and provide visual interest and engagement of vehicular and pedestrian movement Staff Finding The timeshare units are already used to accommodate the located adjacent and to neighborhood along Ute Avenue because most of the street frontage is existing Club The proposed affordable housing units are not located the street and Staff believes these will contribute to the street character context Additionally the Club Units will help create a more pedestrian by providing fenestration and interest to the friendly environment exists you enter the property from Ute Ave The as Applicant has agreed to provide an easement along exiting blank wall that portion of the site to Additionally a new bus the Ute Ave accommodate the eventual continuation of the Ute Ave trail stop out and shelter are proposed to better accommodate pull of these improvements are located in the public right of way the Subdivision Plat to accommodate the portions on site the Cross Town Shuttle Most but easements are provided on landscaping plan outlines paths throughout the site Staff believes a simplified plan is more appropriate in this context This site is uniquely located in an area that is on the Rural fringe and adjacent to the Roaring Fork River As such there is an opportunity Urban While there are multi to provide unique structures that reflect the diverse settings family Staff believes the mission of this and single homes in the area development wellness family to reflective of the location enable the be and personal growth and iYs unique design s surrounding residences while providing a different take on the design that reflects the Club While the open areas on the site and the elimination of some of the mass would help the overall design better relate to the rural context The elimination of units 5 and s concerns At this time staff finds this criterion is not met 6 would help alleviate staff mission Provision of more PUD Review Criteria Exhibit B Page 11 of 18 4 Buildings vehicle and access ways are appropriately arranged to allow emergency and service access Staff Finding The City of Aspen Fire Marshal has reviewed the proposal compliance with all applicable life safety requirements The and has found it Fire Marshall to be in requested a staircase be added to the western side of the site to connect the upper and lower bench This was added during the Conceptual review and resulted in the elimination of one parking space the total surface of parking spaces decreased from 133 at parking azea accommodates fire truck turn applicant worked with the Fire and pavers that conceptual to 132 at final The existing grounds and must be maintained The Community Development Departments to utilize grass accommodate fire truck loads can This was done to reduce the amount of the site impervious surface on Further all structures will be required to include fire and fire alarm sprinkler systems systems The applicant will be required to ensure adequate fire access exists in the subgrade garage Staff finds this criterion to be met 5 Adequate pedestrian and handicapped access is provided Staff Finding According to the Application has been included Accessible and a as a the project condition will comply with all in the Resolution Two of the Club units number of the other units include ADA bathrooms the Club will dedicate an easement for the future completion This applicable requirements aze As mentioned ADA above of the Ute Avenue trail Staff finds this criterion to be met 6 Site proposed development in a practical manner and shall not negatively impact surrounding properties drainage reasonable is accommodaded for the and Staff Finding drainage will be handled with some to maintain historic runoff Further the Applicant s states that the timeshare units will have a similaz footprint to the existing tennis engineer courts so an expansion of the impervious surface will be minimal The Applicant will be required to pay the applicable Storm Water Fee assessed by the Engineering Department If areas are re paved as part of the redevelopment Staff recommends that the re paving utilize pervious paving materials The applicant is working with the Engineering Department to ensure runoff is properly treated Staff finds this criterion to be met According 7 letter submitted by drainage improvements to a the s engineer Applicant site For non residential land uses spaces between buildings are appropriately accommodate any programmatic functions associated with the use designed to Staff Finding There is and the a significant grade difference between the The units that existing Club spacing Staff would sufficient are proposed located at the same timeshare units grade as near the river the Club do provide like to the elimination of units 5 and 6 which would increase Exhibit B PUD Review Criteria Page 12 of 18 the amount of space available for outdoor not met at this time programming elements Staff finds this criterion is D Landscape Plan The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city with surrounding parcels and with existing and proposed features of the subject property The proposed development shall comply with the following 1 The landscape plan exhibits a well designated treatment of exterior existing significant vegetation and provides an ample quantity ornamental plant species suitable for the Aspen area climate spaces preserves and variety of Staff Finding The has Applicant provided This has been reviewed ensure 2 proper native by plants the Parks are with landscaping plan Department a number of who is plantings proposed applicant to new working with the used Staff finds this criterion to be met natural and man made site Significant existing and interest in the a landscape are preserved or features enhanced in which an provide uniqueness appropriate manner Staff Finding The Parks trail Department has the riparian is in proposed development 3 through requested area the a condition of approval to limit the construction of the to hand tools This condition protected riparian The proposed method of protecting area has been included No Staff finds this criterion to be met existing vegetation and other landscape features is appropriate Staff Finding The provided a landscaping plan with a number of new plantings proposed by the Parks Department who is working with the applicant to native plants are used Applicant has This has been reviewed ensure proper In terms of plan The site is located than other will landscaping help areas staff finds that additional refinement is needed for he near of town the urban rural The elimination fringe or and as such the plan great deal of paving and believes less formal landscaping and less a has relocation of units 5 and 6 create the open space staff finds is needed in this includes area seems paving proposal rather formal on a more landscape rural feel the lower bench The current landscape Given the s site context staff is needed The applicant is maintaining the existing Aspen Club trail that crosses the property and is creating a new trial easement that connects the river area to the Club building and the parking area There is an existing path that is being reconfigured after consultation with the Parks Department and will be in the new trail easement Only hand tools will be used in the The applicant is also creating a fisherman s easement stream margin area for this path Exhibit B PUD Review Criteria Page 13 of 18 Additionally Avenue to Overall the applicant has committed to installing a sidewalk help completed a needed pedestrian connection on their property along Ute staff finds this criterion is not met E Architectural Character Be compatible with or existing and proposed and indicative of the enhance the visual character historical and cultural resources architecture intended of the City appropriately of the property represent use and a relate to character suitable respect the scale and for massing of nearby Staff Findine The Club Aspen Club through the site is unique and this Application proposes a unique addition to the health and wellness program Staff believes the architecture should reflect these opportunities In terms of architecture the applicant has stated that the new proposed mass scale and materials are intended to convey a residential scale that is representative of the different buildings and uses in the area while also being true to the s Club use character a The applicant mix of similar to residential changing the and flat pitched by making roofs the townhome units residential in materials of stone and wood that is palate in the area modulation typical of residential townhomes and blank fapade of the club to be more articulated and pedestrian uses existing proposal In addition the subject following approval of the final PUD SPA application Staff anticipates having concerns related to the specific Commercial Design Review Criteria including Building Design and Articulation friendly proposal The Staff has has done this concerns will be applicant related to the to final Commercial has proposed a water feature massing Design part of the as feature is located in the middle of the site and bench There landscaping plan This water from the lower bench to the upper runs the site to connect the timeshare units to the Club through addition the applicant is providing a permanent trail easement for the Aspen Club Trail that currently exists on site The applicant worked with and staff the fire to come with a planning department up way to provide adequate fire access without creating additional paved areas The solution is the installation of grass in portions of the upper bench area pavers and the are parking paths that of the Review areas run In The elimination or relocation of units 5 and 6 would this time staff finds this criterion is not met 1 help alleviate staff s concerns At Incorporate to the extent practica natural heating and cooling by taking advantage of the property intensive s solar access shade and vegetation and by use of non or less mechanical systems Staff Findins The site south plan utilizes the north for Neighborhoods program exposure LEED The on the applicant lot is also and is participating in the new planning use of renewable energy Exhibit B PUD Review Criteria Page 14 of 18 including a Growth Conceptual Energy Source Heat 3 the storage and shedding of snow ice and water that does not require significant maintenance Accommodate appropriate Pump loop for heating and cooling as outlined in Systems Plan Staff finds this criterion is met their Mechanical in safe a and manner Stall Finding The Applicant has included a detailed snow removal and storage plan as part of the final application This plan includes snow melt systems and onsite storage of snow In addition the pazking and fire access areas will be plowed Staff finds this criterion to be met F Lighting 1 The purpose in an of this appropriate standard to manner ensure the exterior of the development will be lighted public safety and general aesthetic both considering concerns 2 All exterior lighting shall in compliance with the outdoor lighting standards unless approved and noted in the final PUD documents Up lighting of sitefeatures buildings landscape elements and lighting to call inordinate attention to the property is prohibited for residential development otherwise Stall Finding The PUD will comply with all lighting regulations in place No lighting shall be permitted in the stream margin area fifteen 15 foot setback area from top of slope or in any area below the top of slope line toward the river unless it is in the exact location of the existing lighting and requires no additional disturbance to the stream margin area Staff finds these criteria to be met G Common If the proposed development mutual 1 Park Open Space or benefit of all development The proposed recreation Recreation Area includes in park the proposed PUD a common open space or recreation area for the the following criteria shall be met amount location and design of the common park open space or enhances the character of the proposed development considering area existing and proposed structures and natural landscape features of the property provides visual relief to the property s builtform and is available to the mutual benefit the various land and uses of property users of the PUD 2 A proportionate undivided interest in all in perpetuity notfor a number ofyears PUD 3 or ownership There is permanent is proposed in proposed care a park to each lot similar adequate an common or and recreation dwelling unit is deeded areas owner within the manner assurance through a legal instrument for the and maintenance with facilities together industrial development a of open spaces recreation areas and shared deed restriction against future residential commercial or Exhibit B PUD Review Criteria Page 15 of 18 Staff Finding There not are no common spaces proposed as part of this application Staff finds these criteria to be applicable H Utilities and Publicfacilities The purpose of this standard is to ensure the development does not impose an undue burden the City s infrastructure capabilities and that the public does not incur an unjustified financial burden The proposed utilities and public facilities associated with the development on shall comply with the following 1 2 3 Adequate public infrastructure facilities exist to accommodate the development Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cast of the developer Oversized utilities public facilities or sUe improvements are provided appropriately and where the developer is reimbursed proportionatelyfor the additional improvement Staff Finding The improvements will be borne by the Applicant This includes the of a sewer line The Applicant s traffic study indicates that Ute Avenue can accommodate the proposal new s traffic the has created a generation In addition applicant comprehensive TDM plan to encourage alternative modes of transportation for club users club employees affordable housing resident and timeshare owners A safety plan which includes speed tables and humps for Ute Ave has also been proposed to ensure the road is safer for pedestrians The applicant has committed to zero growth in traffic as a result of this project The applicant has hired consultants to assess the existing water flows to determine if adequate flows exist for fire safety The preliminary report indicates there are The applicant is working with the City Water and Fire Departments to confirm this The applicant is also working with the to ensure Engineering Department adequate drainage exists on the site application While states that all costs associated with public realignment infrastructure delivery traffic is anticipated as part of this project it was found afrer sac does not have adequate pavement to meet de Conceptual approval existing cul sac pavement will be needed to de city standazds Some improvements to the existing cul accommodate truck traffic The applicant is working with the Engineering Department to determine to what extent the applicant is responsible for the improvements Staff finds this no net new truck that the criterion to be met at this time IAccess and Circulation Only standards 1 2 The purpose of this standard is to burden the road ensure the apply to Minor PUD applications development is easily accessible does network provides adequate pedestrian surrounding facilities and minimizes the use of security gates The proposed access development shall meet the following criteria not unduly and recreational trail and circulation of the Exhibit B PUD Review Criteria Page 16 of 18 1 Each lot structure or other land use within the PUD has street either directly or through an approved private road area dedicated to public or private use adequate access to a pedestrian way a public or other Staff Finding Staff believes that all structures and timeshare units club and affordable additional parking available from the on have housing Aspen Club Trail located finds this criterion to be formally appropriate units have Lot 14A is accessed from Lot 14A to the club will be 1 uses by access to a public street The Highway from Ute Avenue while the 82 There is also pedestrian access the river The trail that dedicated for public access use as part provides access of this application from Staff met The proposed development vehicular access points and parking arrangement do not trajfic congesdion on the roads surrounding the proposed development or such surrounding roads are proposed to be improved to accommodate the development create Staff Finding The Applicant has submitted a Traffic Report that configuration will not adversely impact traffic levels Intersections The applicant Staff finds this criterion 3 to has committed to no new indicates on traffic the proposed parking or the adjacent of this development Ute Avenue as a result be met Areas of historic pedestrian or recreational trail use improvements of or connections to the bicycle and pedestrian trail system and adequate access to signifccant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance Staff Finding The proposed development will not result in any changes to the existing Trail easements Applicant has also agreed to provide an easement along Ute Avenue to continue the Ute Avenue Trail In addition a new trial easement will be provided for the trail that connects the river to the Club building Staff finds this criterion to be met The 4 The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails pedestrian and bicycle paths and transportation are proposed to be implemented in an appropriate manner Staff Finding The Applicant Avenue Trail has agreed In addition the river to the Club 5 to provide a new building Streets in the PUD which an easement along trial easement will be Ute Avenue to continue the Ute provided for the trail that connects Staff finds this criterion to be met proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency are access Exhibit B PUD Review Criteria Page 17 of 18 StaffFinding There 6 are no internal streets proposed Security gates guard posts within the PUD are as part of this PUD Staff finds this criterion to be met other entryway expressions minimized to the extent practical or for the PUD or for lots Staff Finding There are no gates or guard posts proposed as part of this PUD Staff finds this criterion to be met J Phasing of Development Plan does not apply to Conceptual PUD applications partla completed projects do not create an ly unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately fphasing of the development plan is proposed each phase shall be defined in the adopted final PUD development plan The purpose of this criteria is to ensure Staff Finding The development phasing is proposed as part of this development over a two the year approximately 2 period however applicant has requested No vesting period mixed use because of the national economic outlook and the projects will a availability of against Staff finds this criterion to be met but recommends take place 7 year funding for seven the 7 year vesting period PUD Review Criteria Exhibit B Page 18 of 18 EXHIBIT C Chapter 26 590 TIMESHARE DEVELOPMENT Sec 26 070 Review standards for timeshare 590 An the lodge development lodge development shall demonstrate compliance with each of following standards as applicable to the proposed development These standards are applicant for timeshare in addition to those standards applicable to the review of the PUD and Subdivision applications A Fiscal impact analysis and mitigation Any applicant proposing to convert an existing lodge to a timeshare lodge development shall be required to demonstrate that the proposed conversion will not have a negative tax consequence for the City In order to demonstrate the tax consequences of the proposed conversion the applicant shall prepare a detailed fiscal impact study as part of the final PUD application The fiscal impact study shall contain at least the following comparisons between the existing lodge operation and the proposed timeshare lodge development 1 A summary of the sales taxes paid to the City for rental of lodge rooms during the prior flue years of its operation If the lodge has stopped renting prior to the time of submission of the application then the summary 5 lodge was in operation The summary of past taxes paid shall be compared to a projection of the sales taxes the proposed timeshare lodge development will pay to the City over the first five 5 years of its operation As part of this projection the applicant shall specify the number of nights the applicant anticipates each timeshare lodge unit will be available for daily rental to visitors that is the annual number of s nights when the unit will not be occupied by the owner or the owner guests the expected visitor occupancy rate for these units the expected average daily cost to rent the unit and the resulting amount of sales tax that will be paid to the City rooms shall reflect the final five 2 years the An estimation of the real estate transfer taxes that would be if the existing lodge were to be sold If occurred within the last twelve an 12 months paid to the City actual sale of the property has then the real estate taxes paid compared projection of the real estate transfer taxes the proposed timeshare lodge development will pay to the City over the first five 5 years of its operation This projection shall include a statement of the expected sales prices for the timeshare estates and the applicable tax rate that will be applied to each sale for that sale shall be used This estimation shall be 3 to a A summary of the City portion of the property taxes paid for the lodge for the prior five 5 years of its operation and a projection of the property taxes the proposed five 5 years lodge development will pay to the City over the first operation This projection shall include a statement of the timeshare of its Exhibit C Timeshare Review Criteria Page I of 7 expected value that will the applicable tax rate The fiscal be impact study assigned to the property by the Tax Assessor and may also contain such other information that the believes is relevant to applicant understanding the tax consequences of the For proposed development example the applicant may provide information demonstrating there will be secondary or indirect tax benefits to the City from the oceupancy of the timeshare units in terms of increased retail sales and other economic activity in the community as compared to the existing lodge development The applicant shall be expected to prove definitively why the timeshare units would cause such economic advantages that would not be achieved by a traditional lodge development Any such additional information provided shall compare the taxes paid during the prior five 5 years of the lodge s operation to the first five 5 years of the timeshare proposed s operation lodge If the fiscal impact study demonstrates there will be from the conversion of an annual tax loss to the timeshare an existing lodge to a City lodge in any of the specific tax categories property tax sales tax lodging tax RETT tax then the applicant shall be required to propose a mitigation program that resolves the problem to the satisfaction of the City Council Analysis of the fiscal impact study shall compare existing tax revenues for a lodging property with anticipated tax revenues The accepted mitigation program shall be documented in the PUD agreement for the project that is entered into between the applicant and the City Council Staff Findings The proposal development B does not include any conversion of an existing Staff finds this criterion to not be applicable lodge into a timeshare loge existing projects Any existing project that is proposed to be converted to a timeshare lodge development shall be physically upgraded and modernized The extent of the upgrading that is to be accomplished shall be determined as part of the PUD review considering the condition of the existing facilities with the intent being to make the development compatible in character with surrounding properties and to extend the useful life of the building 1 To the extent that it would be practical and reasonable existing structures shall be brought into compliance with the City s adopted Fire Health and Building Codes of Upgrading 2 No sale of any interest in a a timeshare lodge development shall upgrading be closed until Certificate of Occupancy has been issued for the lFindings Sta The of Applicant an existing proposes an entirely new project which does not include any conversion lodge into a timeshare loge development The new development will be Exhibit C Timeshare Review Criteria Page 2 of 7 required be to meet all City health fire and building codes Staff finds this criterion to not applicable C Preservation existing lodging inventory Au express purpose of these regulations s existing lodging inventory preserve and enhance Aspen Therefore any proposal to convert an existing lodge or other property that provides term accommodations to a timeshare lodge should at a minimum replace the short existing number of units on the property in the planned timeshare lodge If the applicant is unable to replace the existing number of units then the timeshare lodge development shall replace the existing number of bedrooms on the property or the applicant shall demonstrate how the proposal complies with the purposes of these regulations even though the planned timeshare lodge will not replace either the existing number of units or bedrooms is of to Staff Findinss The Applicant proposes an entirely new project which does not include any conversion of an existing lodge into a timeshare loge development The new development will bring additional lodge rooms to the City s Lodging stock Staff finds this criterion to not be applicable D Affordable 1 housing requirements a timeshare lodge development is required to provide affordable housing mitigation for the development shall be calculated by applying the standards of the City s housing designee for lodge uses The affordable housing requirement shall be calculated based on the maximum number of proposed lock out rooms in the development and shall also take into account any retail restaurant conference or other functions proposed in the lodge Whenever StaffFindinQS While this section affordable offrooms lock the land requires updates to housing mitigation use to be based on the number of code Section 470 26of the Land Use Code 050 require mitigation be based on bedrooms requires projects to provide mitigation equal to 1 A 100 470 states that there are 5 FTEs employees generated Section 26 bedroom This two 62 generated per lodging s twenty 20 units include sixty project a 31 FTEs bedrooms bedrooms creating generation of 62 5 Therefore the mitigation 6 FTEs 31 FTEs requirement is 18 60 The applicant has proposed to provide in twelve 12 2 for FTEs onsite bedroom units This exceeds seven 27 twenty housing the code requirement by nearly 145 60 of the No mitigation is required amount of net leasable as part of the Club remodel as there is no increase in the area Staff finds this criterion to be met 2 multi dwelling unit that meets the definition of family family housing to timesharing shall comply with the multi The conversion of any residential Exhibit C Timeshare Review Criteria Page 3 of 7 of provisions even There are when there is currently criterion to not be E Chapter 26 530 no no Resident demolition of the family dwelling multi Family Replacement Program Multi existing multi family dwelling unit units on the property Staff finds this applicable Parking requirements 1 The parking requirement for timeshare lodge development shall be calculated by applying the parking standard for the underlying zone district for lodge uses The parking requirement shall be calculated based on the maximum number of proposed lock out rooms in the development Staff Findings Pursuant to section 26 030 of the Land Use Code 0 515 5 parking spaces are required for each key in a lodge development There are a maximum of forty 40 keys resulting in a parking requirement The has Applicant of twenty 20 parking spaces for the timeshare units 40 0 5 20 provided twenty 20 spaces in the sub grade parking garage for the timeshare units Staff finds this criterion to be met 2 The timeshare lodge development shall also provide an appropriate level of guest transportation services such as vans or other shuttle vehicles to offer an alternative to having owners and guests using their own vehicles in Aspen lFindings Sta The Applicant has provided a detailed Transportation Demand Management TDM plan demand shuttle services to part of the final application The TDM plan includes on and from the airport for owners and guests of the timeshare units This service will as operate separate from their in town shuttle marketing highlight the well as the materials will transportation options The a owner parking Additionally the sales and philosophy of the project healthy living as available at the club These include the Share program and site on bikes growth in traffic trips as part of this 3 overall services The applicant project site when the space on has also committed to Staff finds this criterion of a timeshare estate shall be owner use to of the Car having zero be met prohibited from storing using that estate a vehicle in is not lFindings Sta The timeshaze are F not staying owners will be prohibited from storing their cars in the garage when they in their unit Staff finds this criterion to be met Appropriateness of marketing and sales practices The marketing and sale of governed by the real estate laws set forth in Title 12 Article 61 C as be amended from time to time The applicant and licensed S may R marketing entity shall present to the City a plan for marketing the timeshare development timeshare estates shall be Exhibit C Timeshare Review Criteria Page 4 of 7 1 The following marketing shall not be permitted for practices timeshare a development The solicitation of prospective purchasers of timeshare units on any street mall or other public property or facility and Any unethical sales and marketing practices which would tend to mislead potential purchasers a b 2 and sales Giving of gifts presentation gift reflects to encourage potential purchasers to attend a sales a timeshare development is permitted provided the to visit or the local Aspen economy For example gifts for travel to or Aspen restaurants in Aspen and local attractions ski concert passes tickets rafting trips etc are permitted Gifts that have no to the local Aspen relationship economy are not permitted The following are also not gifts permitted a Any gift for which an accurate description is not given b Any gift package for which notice is not given to the prospective purchaser that the purchaser will be required to attend a sales presentation as a condition of receiving the gifts and c Any gift package for which the printed announcement of the requirement to attend a sales presentation is in smaller type face than the information on the gift being offered accommodations in Staff Findings The has committed to Applicant timeshare instruments document SPA PUD G The These timeshare requirements instruments of maintenance and documentation and 1 an recorded requirements in the final into the drafr Disclosure simultaneously with the procedure The applicant shall provide lodge development will be a manner that will be both stable and identification of when and how maintenance will and shall also address the A fair be the timeshare and maintained in continuous This shall include provided incorporated are will management plan that guarantees appropriately managed be all the above Staff finds this criterion to be met Agreement Adequacy incorporating following requirements shall be established for the estate owners to review and approve any fee increases which may be made throughout the life of the timeshare development to provide assurance and protection to timeshare that owners assessment management fees will be applied and used appropriately 2 The applicant ensure that the throughout shall also demonstrate that there will be proposed timeshare development will be a reserve fund to properly maintained requirements in the final its lifetime Staff Findings The Applicant has committed to timeshaze instruments These incorporating requirements are all the above incorporated into the draft Disclosure Exhibit C Timeshare Review Criteria Page 5 of 7 document The timeshare SPA Agreement PUD instruments will be recorded simultaneously with the Staff finds this criterion to be met H Compliance with State Statutes The applicant shall demonstrate that the proposed timeshare lodge development will comply with all applicable requirements of Title 12 Article 61 C S Title 38 Article 33 C R S and Title 38 Article 33 R 3 S including the requirements concerning the five 5 day period for rescission R C of a sales contract and the procedures for holding deposits or down payments in escrow Staff Findings The Applicant has committed to timeshaze instruments document These incorporating all the above requirements in the final requirements aze incorporated into the drafr Disclosure The final timeshare instruments will be recorded simultaneously with the SPA Agreement Staff finds this criterion to be met PUD I Approval by condominium If the owners development that is proposed to be condominium the applicant shall submit written proof that the condominium declaration allows timesharing that one hundred percent 100 of the owners of the condominium units have approved the timeshare development the common elements that the to any improvements including applicant may propose that all mortgagees of the condominium have approved the proposed timeshare development and that all condominium units in the timeshare will be included in the same sales and development marketing program timeshared is a Staff Findings The be project currently applicable J Prohibited does not have condominium owners Staff finds this criterion to not practices and uses Without in any way limiting any requirement contained in this Chapter it is unlawful for any person to knowingly engage in any of the following practices 1 The creation operation or sale of a right use interest or any other to timeshare concept which is not specifically allowed and approved pursuant to the requirements of this Section Right use timeshare concepts e to g holds and vacation clubs are considered inappropriate in Aspen and lease are not permitted 2 Misrepresentation of the facts contained in any application for timeshare approval timeshare development instruments or disclosure statement 3 Failure to comply with any representations contained in any application for timesharing or misrepresenting the substance of any such application to another who may be a prospective purchaser of a timeshare interest 4 Manage operate use offer for sale or sell a timeshare estate or interest therein in violation of any requirement of this Chapter or any approval granted pursuant hereto or cause or aid and abet another to violate any Exhibit C Timeshare Review Criteria Page 6 of 7 requirement of this Chapter or an approval granted pursuant 2002 i part 2002 Ord No 13 Chapter Ord No 21 2005 5 to this Staff Findinns The Applicant has committed that mentioned activities they will not knowingly engage in any of the above Staff finds this criterion to be met Exhibit C Timeshare Review Criteria Page 7 of 7 EXHIBIT D Chapter 26 470 Growth Managemeut Quota System Sec B General OSO 470 26 All requirements development applications for growth following standards The reviewing body shall application for growth management review based following generally applicable criteria and the review criteria applicable to the specific management review shall comply with the approve approve with conditions or deny an the on type of development Sujficient growth 1 management allotments available to accommodate the proposed Subsection 26 D Applications for multiyear 030 470 development pursuant 1shall not be required to 090 470 development allotment pursuant to Paragraph 26 are to meet this standard Staff Finding The Application includes a request for multi year allotment for the timeshare portion of the development and 12 allotments for affordable housing There are sufficient affordable housing allotments available This review criterion is not applicable to the timeshare portion of the applicant Staff finds this criterion to be met 2 The proposed development is consistent with the Aspen Area Community Plan Staff Finding Staff believes that number of the Community Plan are met but has relating to other aspects of the AACP The Application meets a number of AACP goals related to affordable housing economic sustainability and arts and culture and has made changes since Conceptual Review to meet goals related to transportation The Applicant has also made changes to the site plan which Staff believes brings the project closer to meeting the goals related to community character environment Overall design and open space some a goals in the Aspen Area concerns Staff finds this review criterion to be met Housing the in Applicant helping the is providing community 145 of the required Affordable meet the Affordable Housing which is an important step Housing goals outlined in the AACP The Housing section of the AACP states the intent of affordable housing is to create an affordable housing environment that is appropriately scaled and distributed throughout existing and new market commercial neighborhoods Intent pg 25 This development proposal mixes free and free market lodging with affordable housing The affordable housing is scaled to relate to the adjacent Club building and other surrounding buildings This section also states that Our housing policy should bolster our economic and social diversity variety and enhance our sense of community by integrating affordable housing into the fabric of our town A healthy social balance includes all income ranges and types of people Each project should endeavor to further that mix and to avoid segregation of economic and social classes by project Philosophy pg 25 This proposal would provide 12 reinforce Exhibit D GMQS Review Criteria Page 1 of 10 affordable new units are proposed Managing rental units for which will ensure the Aspen Club housing A mix of Employees is accessible to a category 2 3 and 4 wide range of income levels Growth The AACP a housing Managing Growth Chapter lists one of the main balanced community well goals of managing growth as foster through integrated design diversity transit pedestrian friendly lifestyles and the mixing of people from different backgrounds Goal E pg 19 The proposal will promote a mix of backgrounds through the Club use as well as the affordable housing residents and lodge visitors that will be on site Additionally a detailed that promotes economic and transportation plan is proposed that promotes pedestrian access to the site and the use of alternative modes of transportation Economic Sustainability Further the Economic Sustainability section of the AACP recognizes that local ownership of helps s community character tends to return more money to the local economy and provides additional opportunities for upward mobility of people and that the community and its governments should support local ownership as well as externally owned businesses that are locally The Aspen Club serving and locally involved Philosophy pg 3 is owned by a variety of locals and non but it is a business The stated locals locally operated goal of this proposal is to provide a new health and wellness opportunity for residents and visitors and to use the money raised through the timeshaze sales to subsidize programs for locals The Club currently provides services and events that are designed for locals including the Tuesdays with Michael program that highlights a local non profit and their activities every business maintain our unusual week in the summer as well as periodic health lectures Staff believes that the concept of this application is a good one and will go a long way toward furthering the goals outlined Aspen Area Community Plan The Economic Sustainability section also states that it is important to encourage resource responsibility and cultural and community sensitivity in local efficiency and in construction Policies pg 32 The applicant used the new LEED for organizations Neighborhood standards in developing the proposal This requires that development be done using environmentally friendly techniques To that end the applicant is investigating ways to minimize construction impacts utilizing alternative renewable energies and various energy efficient materials The applicant has committed to no net new energy use as a result of this project environmental Arts Culture Education The AACP states that arts culture and education are acknowledged as essential to s Aspen thriving year round economy its vibrant international profile and its future as a unique place to live work and learn Philosophy Pg 45 The Aspen Club currently works to promote the Arts Culture and Education of the Aspen Area by supporting local profits through non provision of office space and financial support and by programs for Club members and community members at continue this commitment if the application is approved facilitating large The educational and wellness applicant has pledged to Exhibit D GMQS Review Criteria Page 2 of 10 Parks Environment Open Space Environment section of the AACP discusses the need to preserve Parks Open Space enhance and restore the natural beauty of the environment of the Aspen Area Intent pg 34 Staff believes the changes made to the application during conceptual review help the proposal move in the direction of enhancing the riparian area on the site and bringing the riparian area into the site however staff believes the current mass detracts from the natural beauty of the area The removal or relocation of units 5 and 6 would further help the development meet this section The of the AACP This section also states that All Biodiversity habitat map and the Developments should be in accordance with the Wildlife and Parks Open Space and the Environment map to protect sensitive corridor and Elk habitat Policies pg 35 The development is g ripazian e respecting the required stream margin setback and the applicant has worked with Department to ensure that construction methods will not negatively impact the riparian areas the Parks area Design Ouality Design Quality section of the AACP asks that development retain and encourage an eclectic mix of design styles to maintain and enhance the special character of our community The section also states that we favor diversity tempered by context sometimes historical sometimes not as opposed to arbitrariness Context refers first to region then town neighborhood and finally the natural and man made features joining a particular development site Decisions regarding scale massing form materials texture and color must be first measured by context Contextual appropriateness transcends style alone Philosophy pg 42 The Staff believes the ideas put forward in the Application for a health and wellness facility aze good goals and that the site plan changes at Conceptual have moved the proposal in the direction of combining this with the the development will proposed architecture Further Staff finds that the changes help special character of our community The Aspen Club site is unique and this Application proposes a unique addition to the Club Staff believes the changes to the site plan begin to reflect these opportunities In terms of uses the project does a good job of relating to the immediate context which is comprised of a variety of uses In terms of massing staff is concerned that there is too much mass on the site given its context of being on the urban rural fringe The elimination or relocation of units 5 and 6 would help better meet the Design Quality section of the AACP ensure goal enhance the Transportation The AACP has a number of goals and policies related to Transportation including a policy that use patterns that enable and support travel growth should be structured on compact mixed for all foot bicycle and public transportation types of trips Policies pg 22 Additionally new by the Transportation Chapter includes goals to maintain and improve the appeal of bicycling and by adding sidewalk connections replacing sidewalks and requiring sidewalks as part walking of development approvals where appropriate Goal C pg 22 and the appeal of carpool or vanpooling for a wide variety of trip types Goal D pg 22 The Transportation Chapter also includes a policy to require all employment school social recreation or other activities that generate demand for travel to mitigate traffic impacts through support of alternative transportation modes in proportion to trips generated Policies pg 22 Exhibit D GMQS Review Criteria Page 3 of 10 The applicant has TDM tools that worked with focus carpooling biking along and on staff to create a set of Transportation Demand alternative forms of transportation city Management including carsharing vanpools walking The applicant has also walking and biking safer and Ute Avenue to make commitment to continue use committed to more viable of the Cross Town Shuttle and the installing The TDM use a new plan of coordinated sidewalk includes vans a and shuttles for employees as well as visitors who stay at other hotels but want to use the Aspen Club Coordinated pick up service at the airport is also proposed for the timeshare users Staff believes that the TDM plan meets the goals and policies of the AACP related to Transportation 3 The development conforms to the requirements and limitations of the zone district StaffFinding The application requirements requirements is for for that this are an site SPA and PUD to vary the The project will comply established as underlying dimensional and use with all dimensional and use SPA review Staff finds this part of the final PUD criterion to be met 4 The proposed development is consistent with the Conceptual Historic Preservation Commission approval the Conceptual Commercial Design Review approval and the Planned Unit as Conceptual Development approval applicable Staff Finding The project received conceptual approval The final application commercial design review approval and conceptual PUD approvals Staff finds this is consistent with both those criterion to be met S Unless otherwise specified in this Chapter sixty percent 60 of the employees generated by the additional commercial or lodge development according to Subsection A Employee generation rates are mitigated through the provision of OO 470 26 The employee generation mitigation plan shall be approved affordable housing to pursuant Paragraph 26 4Affordable housing at a Category 4 rate as 070 470 defined in the Aspen Pitkin County Housing Authority Guidelines as amended An choose to provide mitigation units at a lower applicant may category designation Staff Finding The applicant has committed Growth Management Review lodge development to meeting which is the the 60 employee mitigation number for highest mitigation level outlined in the code the for The lodge development includes 62 bedrooms ten 3 bedroom units four 4 bedroom units four 3 bedroom units and two 2 bedroom units Land Use Code section 26 1 A 100 470 states that there are 5 FTEs per lodging bedroom Therefore the is 31 FTEs 62 lodge bedrooms mitigation for the project is 5 FTEs 31 FTEs At 6 FTEs 18 31 FTFs 60 a employee generation mitigation level of 60 the required 6 FTEs 18 Exhibit D GMQS Review Criteria Page 4 of 10 The bedroom affordable housing units applicant is providing twelve 2 Land Use Code section 26 2states that each 2 bedroom unit houses 2 A 100 470 2 5 FTEs Therefore the bedroom units 25FTEs 2 proposed 12 affordable housing units will house 27 FTEs 12 two 27 FTEs This is approximately 145 of the required affordable housing mitigation Staff finds this criterion to be met 6 Affordable housing net livable area for which the finished floor level is at or above natural or ftnished grade whichever is higher shall be provided in an amount equal to at least thirty percent 30 of the additional free market residential net livable area for which the finishedfloor level is at or above natural or finished grade whichever is higher Affordable housing shall be approved pursuant to Paragraph 26 4Affordable 070 470 housing and be restricted to a Category 4 rate as defined in the Aspen Pitkin County Housing Authority Guidelines as amended An applicant may choose to provide mitigation units at a lower category designation Affordable housing units that are restricted at any being provided absent a requirement voluntary units may be deed level of affordability including residential occupied Staff Finding No free market residential this criterion is not 7 development applicable is proposed as part of this application Staff finds The project represents minimal additional demand on public infrastructure or such additional demand is mitigated through improvement proposed as part of the project Public infrastructure includes but is not limited to water supply sewage treatment energy and communication utilities drainage control fire and police protection solid waste disposal parking and road and transit services Ord No 14 2007 7 Staff Finding s expense This includes Adequate public facilities exist and will be upgraded at the owner the realignment of a sewer line The Applicant s new traffic study indicates that Ute Avenue can accommodate the proposal traffic s generation In addition the applicant has created a comprehensive TDM plan to encourage alternative modes of transportation for club users club employees affordable housing resident and timeshare owners A safety plan which includes speed tables and humps for Ute Ave has also been proposed to ensure the road is safer for pedestrians The applicant has committed to zero growth in traffic as a result of this project The applicant has hired consultants to assess the existing water flows to determine if adequate flows exist for fire safety and the preliminary report indicates there are adequate flows The applicant is working with the City Water and Fire Departments to confirm this The applicant is also working with the Engineering Department to ensure adequate drainage exists Sec on the site Staff finds this criterion to be met at this time City Council applications 090 470 26 Exhibit D GMQS Review Criteria Page 5 of 10 The following types of shall be approved approved with conditions or denied by City Council pursuant to Section 26 110 Procedures for review and the criteria for each 470 type of development described below Except as noted all growth management applications shall comply with the general requirements of Section 26 050 Except as noted all City 470 Council growth management approvals shall be deducted from the respective annual development allotments and development ceiling levels development the 1 Multi 090 470 26 year from the Planning and multi development year a development allotment The City Council upon a recommendation Zoning Commission shall approve approve with conditions or deny a allotment request based on the following criteria The proposed development is considered exceptional considering the following criteria Note A project need not meet all of the following criteria only enough to be sufficiently considered exceptional 1 The exceeds the minimum proposal project affordable housing required for a standard Staff Finding The applicant required by is providing housing the code for 27 FTEs when This represents housing 6 FTEs is housing for 18 requirement Staff at 145 of the finds this criterion to be met 2 The proposed project represents an excellent historic preservation accomplishment from the Historic Preservation Officer shall be considered for A recommendation this standard Staff Finding The proposed development does not include a historic preservation element property is not designated and is not on the Ordinance 48 list of potentially structures Staff finds this criterion is not applicable 3 The significant The proposal furthers affordable housing goals by providing units established as priority through the current Aspen Pitkin County Housing Authority Guidelines and provides a desirable mix of affordable unit types economic levels and lifestyles g singles seniors families etc A recommendation from the Aspen e Pitkin County Housing Authority shall be considered for this standard Staff Finding The applicant has proposed a mix of Category 2 3 and 4 units although the land use only requires the provision of Category 4 units Category units that are below Category 4 are priority units for AHCPA The mix of categories will enable a variety of income levels to rent housing near where they work The income requirements for these categories are code Maximum Income for Rental Units Exhibit D GMQS Review Criteria Page 6 of 10 No of Adults orv CateE Cateeory Cateeory 2 3 4 1 Adult 2Adult 49 000 000 73 79 000 000 119 129 000 000 193 3 Adult 000 85 000 139 000 225 000 125 000 150 000 175 Net Assets not in Excess of Staff finds this criterion to be met 4 The proposal minimizes impacts on public innovative energy saving techniques infrastructure by incorporating StaFf Findins The is committing to a project that will contain no net new energy usage This is being done through upgrades to the existing Club building insulation drainage etc and energy efficient building techniques like radiant floors energy efficient materials etc In addition the applicant is contemplating the use of solar panels and has committed to the use of Ground Source Heat Pumps GSHP The ND program and will exceed the City project is participating in the LEED s adopted applicant energy codes S Staff finds this criterion to be The proposal minimizes construction met impacts to the extent practicable both during and after construction Staff Finding The has provided a preliminary construction management plan which project will meet all applicable city code requirements related to Amore detailed plan will be submitted at the time of the building construction permit application applicant indicates the Staff would like indicated effort during more the decrease to detail For instance the construction types applicant review that modulaz construction might be used in an on conceptual construction application regarding impacts There is no information on the final this issue At this time staff finds this criterion is met 6 The proposal maximizes potential public transit usage and minimizes reliance on the automobile Staff Finding The applicant plan and traffic TDM plan increase has submitted a detailed Transportation Demand Management TDM growth project in terms of traffic The study that commits to specific measures to reduce the reliance on the automobile and alternative modes including carpooling biking walking and using a zero includes use of Exhibit D GMQS Review Criteria Page 7 of 10 shuttles Specific measures aze proposed for Aspen Club employees those living in the affordable housing units owners and guests of the timeshare units and members and guests of the Aspen Club The plan has been reviewed by the Spa Transportation Department Staff finds this criterion is met 7 The proposal exceeds minimum requirements of the Efficient Building Code or for certification as applicable A recommendation from the Building Department shall be considered for this standard LEEDS Staff Findinr The is applicant participating in the LEED ND 8 pilot program which requires specific footprint of the development The Applicant worked with Resource Engineering Group to do an energy use study of the proposal see Exhibit 2 in the Application Appendix D The Applicant s goal is to have the entire energy use on site afrer the development be equal to or less than the To do that the applicant will use a Ground Source Heat energy used on site today Pump GSHP loop for heating and cooling improved insulation and HVAC systems on the club building and the use of radiant floors for efficient heating in the timeshare and affordable housing units The applicant has also committed to the City code Staff finds this criterion to be met current s exceeding energy measures be taken to reduce the overall environmental The proposal promotes sustainability of the local economy Staff Finding One of the applicant stated goals with this project is to ensure that the Aspen Club s and Spa remain an economically viable business The timeshare units will help subsidize improvements to the Club and new programming opportunities The Aspen Club is a business that currently serves both locals and visitors and the improvements envisioned for the club will help ensure it is attractive to locals and visitors in the future Additionally the provision of rental affordable housing for club employees will provide opportunities for employees to put roots in the community The timeshare units will be subject to the Real Estate Transfer Tax RETT when they aze sold creating tax revenue Staff finds this criterion to be met 9 The proposal represents a desirable site plan and an architectural solution design StaffFinding The site has Applicant preserve a great asset in the Roaring Fork River which crosses the site The by all requirements for stream margin review which will help will abide the riparian area However staff does enhances appropriately preserves Conceptual approval the applicant amended on the lower bench of the property Staff or enough area this not believe that the site natural important plan to the site create feature a larger open space does not believe this has created to preserve and enhance views of the river and riparian Exhibit D plan During a large area GMQS Review Criteria Page 8 of 10 In terms of architecture the and materials applicant has stated to staff that the proposed mass scale intended to convey a residential scale that is representative of the different buildings and uses in the area while also being true to the Club s use The are by making the townhome units residential in character a pitched roofs a material palate of stone and wood that is similar to residential uses in the area modulation typical of residential townhomes and changing the existing blank facade of the club to be more articulated and pedestrian friendly Staff has concerns related to the massing of the proposal applicant has done this mix of and flat In addition the proposal following approval of the concerns related to the will be specific and Articulation Building Design design between now The applicant has subject final PUD SPA to Final Commercial Staff application Commercial Review Design However the applicant Design Review anticipates having Criteria including has time to refine the and the future review proposed a water feature as part of the landscaping plan water feature is located in the middle of the site and runs This from the lower bench to the upper bench There are paths that run through the site to connect the timeshare units to the Club and the parking areas In addition the applicant is providing a permanent running from the river to the Club building and parking The applicant worked with planning staff and the fire department to come up area with a way to provide adequate fire access without creating additional paved areas The solution is the installation of grass pavers in portions of the upper bench area trail easement for the trail The elimination At this or relocation of units 5 and 6 would help alleviate staff s concerns time staff finds this criterion is not met proposed development is compatible with the character of the existing uses in the surrounding area and the purpose of the underlying zone district The 10 and Stall Finding family free market quite mixed with commercial single residential family multi affordable housing and non profit uses all on the adjacent Ute there are short term accommodations as well as a Avenue properties Along Staff finds that the variety of residential uses proposed use mix will fit in with and is consistent with the variety of uses on the immediately adjacent parcels and the overall context of Ute Avenue Staff believes the proposed health and wellness program will be a good addition to the existing Club services and to the community in general Overall staff finds this criterion is met The b uses in the area are project complies with all other provisions of the Land Use Code all necessary approvals from the Historic Preservation Commission Zoning Commission and the City Council as applicable The and has obtained the Planning and StaffFinding Exhibit D GMQS Review Criteria Page 9 of 10 The Growth reviews c are Management Reviews are paR of a larger application approved by City Council this criterion is met Assuming these The Community Development Director shall be directed to reduce the applicable annual development allotments as provided in Subsection lti Din subsequent 030 470 years as determined appropriate by the City Council StaflFindinp The Community Development Director will reduce the applicable 112 pillows will be deducted from 2009 annual and development allotments as 12 pillows will be deducted from 2010 Staff finds this criterion to be met Exhibit G D MQS Review Criteria Page 10 of 10 EXHIBIT E Amendments to the Land Use Code and Official Zone District 310 Chapter 26 Map 040 Standards of review In 310 Sec 26 an amendment to the Official Zone reviewing an amendment to the text of this Title or District Map the City Council and the Planning and Zoning Commission shall consider A Whether the proposed amendment is in conflict with any applicable portions of this Title Staff Finding Through the review criteria outlined in the met units 5 although are B 6 and minor reconfiguration Whether the Community some proposed changes are of internal exhibits staff believes the suggested including paths Overall requirements the elimination or of the code relocation of staff finds this criterion to be met amendment is consistent with all elements of the Aspen Area Plan Staff Finding Staff believes that some has also made the number of the goals goals in the Aspen Area Community Plan are met but has relating aspects of the AACP The Application meets a number of related to affordable housing economic sustainability and arts and culture and has goals changes AACP made a to other concerns since Conceptual Review to meet goals related to the changes to the site plan which Staff believes brings design and open space community character related to The Applicant project meeting environment Overall transportation closer to Staff finds this review criterion to be met Housin Housing which is an important step The in helping the meet the Affordable Housing goals outlined in the AACP Housing section of the AACP states the intent of affordable housing is to create an affordable housing environment that is appropriately scaled and distributed throughout existing and new market commercial neighborhoods Intent pg 25 This development proposal mixes free and free market lodging with affordable housing fhe affordable housing is scaled to relate to the adjacent Club building and other surrounding buildings The Applicant is providing community 145 of the required Affordable that Our housing policy should bolster our economic and social diversity reinforce variety and enhance our sense of community by integrating affordable housing into the fabric of our town A healthy social balance includes all income ranges and types of people Each project should endeavor to further that mix and to avoid segregation of economic and social classes by project Philosophy pg 25 This proposal would provide 12 new affordable housing rental units for Aspen Club Employees A mix of category 2 3 and 4 to a wide range of income levels are which will ensure the is accessible units housing proposed This section also states Exhibit E Rezoning Review Criteria Page I of 6 Managina Growth Chapter lists one of the main goals of managing growth as foster a well balanced community through integrated design that promotes economic diversity transit and pedestrian friendly lifestyles and the mixing of people from different backgrounds Goal E pg 19 The proposal will promote a mix of backgrounds through the Club use as well as the affordable housing residents and lodge visitors that will be on site Additionally a detailed transportation plan is proposed that promotes pedestrian access to the site and the use of The AACP Managing Growth alternative modes of transportation Economic Sustainability Further the Economic Sustainability section of the AACP recognizes that local ownership of community unusual character tends to return more money to the s local economy and provides additional opportunities for upward mobility of people and that the community and its governments should support local ownership as well as externally owned businesses that are locally involved Philosophy pg 31 The Aspen Club serving and locally locals but it is a locally operated business The stated is owned by a variety of locals and non goal of this proposal is to provide a new health and wellness opportunity for residents and visitors and to use the money raised through the timeshare sales to subsidize programs for locals The Club currently provides services and events that are designed for locals including the Tuesdays with Michael program that highlights a local non profit and their activities every business maintain helps week in the summer application Area is a good Community as our well as periodic one and will go a Staff believes that the concept of this outlined Aspen way toward furthering the goals health lectures long Plan important to encourage resource in local efficiency environmental responsibility and cultural and community sensitivity LEED for organizations and in construction Policies pg 32 The applicant used the new This that requires development be done Neighborhood standards in developing the proposal using environmentally friendly techniques fo that end the applicant is investigating ways to minimize construction impacts utilizing alternative renewable energies and various energy efficient materials The applicant has committed to no net new energy use as a result of this project The Economic Arts Culture Sustainability section also states that it is Education essential to s Aspen profile and its future as a unique place to live work and learn Philosophy Pg 45 The Aspen Club currently works to promote the profits through Arts Culture and Education of the Aspen Area by supporting local non educational and wellness and by facilitating provision of office space and financial support The applicant has pledged to programs for Club members and community members at large continue this commitment if the application is approved The AACP states that arts culture and education thriving year round economy its vibrant international are acknowledged as Parks Environment Open Snaee Environment section of the AACP discusses the need to preserve Parks Open Space enhance and restore the natural beauty of the environment of the Aspen Area Intent pg 34 Staff believes the changes made to the application during conceptual review help the proposal The Exhibit E Rezoning Review Criteria Page 2 of 6 move in the direction of into the site enhancing the riparian however staff believes the current The removal or area on mass the site and detracts from the relocation of units 5 and 6 would further help the bringing the riparian area natural beauty of the area development meet this section of the AACP This section also states that All Developments should be in accordance with the Wildlife and Biodiversity map and the Parks Open Space and the Environment map to protect sensitive habitat areas e g riparian corridor and Elk habitat Policies pg 35 The development is respecting the required stream margin setback and the applicant has worked with the Parks Department to ensure that construction methods will not negatively impact the riparian azea Design The Quality Design Quality section of the AACP asks that development retain and encourage an design styles special character of our community The section also states that we favor diversity tempered by context sometimes historical sometimes not as opposed to azbitraziness Context refers first to region then own neighborhood and finally the natural and man made features joining a particular development site Decisions regarding scale massing form materials texture and color must be first measured by context Contextual appropriateness transcends style alone Philosophy pg 42 eclectic mix of to maintain and enhance the Staff believes the ideas put forward in the Application for a health and wellness facility are good goals and that the site plan changes at Conceptual have moved the proposal in the direction of combining ensure site is this goal with the proposed architecture Further Staff finds that the changes help development will enhance the special character of our community The Aspen Club unique and this Application proposes a unique addition to the Club Staff believes the the changes to the site of plan begin to reflect these opportunities In terms of uses the to the immediate context which is of project of uses does a In terms good job relating comprised vaziety massing staff is concerned that there is too much mass on the site given its context of being on the urban rural fringe The elimination or relocation of units 5 and 6 would help better meet the Design Quality section of the AACP a of Transportation The AACP has a number of goals and policies related to Transportation including a policy that use patterns that enable and support travel growth should be structured on compact mixed foot bicycle and public transportation for all types of trips Policies pg 22 Additionally new by the Transportation Chapter includes goals to maintain and improve the appeal of bicycling and by adding sidewalk connections replacing sidewalks and requiring sidewalks as part walking of development approvals where appropriate Goal C pg 22 and the appeal of carpool or vanpooling for a wide variety of trip types Goal D pg 22 The Transportation Chapter also includes a policy to require all employment school social recreation or other activities that generate demand transportation for modes in travel to proportion mitigate to traffic impacts through support trips generated Policies pg of altemative 22 The applicant has worked with city staff to create a set of Transportation Demand Management TDM tools that focus on alternative forms of transportation including carsharing vanpools carpooling biking and walking The applicant has also committed to installing a new sidewalk Exhibit E Rezoning Review Criteria Page 3 of 6 along Ute Avenue to make walking and commitment to continue biking safer and more viable The TDM of the Cross Town Shuttle and the use plan of coordinated use includes vans a and shuttles for employees as well as visitors who stay at other hotels but want to use the Aspen Club Coordinated pick up service at the airport is also proposed for the timeshare users Staff believes that the TDM plan meets the goals and policies of the AACP related to T ransportation C Whether the proposed amendment is compatible with surrounding uses considering existing land use and neighborhood characteristics zone districts and and Staff Finding The proposed development is consistent with the character of the consists of a variety of single family and family homes multi area and while the The neighborhood proposal is for new timeshare lodge units it will function in a more residential nature than a typical lodge downtown The proposed affordable housing is consistent with the adjacent properties which include a number of affordable housing projects Additionally adjacent parcels also include non profit and commercial D The uses Staff finds this criterion to be met effect of the proposed amendment on traffic generation and road safety Staff Finding The snew Applicant the traffic study has created indicates that Ute Avenue can accommodate the addition applicant comprehensive plan transportation for club users club employees affordable housing resident A safety plan which includes speed tables and humps for Ute Ave has ensure a the road is safer for result of this E project TDM a pedestrians The applicant proposal In to encourage alternative modes of has committed to and timeshare owners also been proposed to growth in traffic as zero Staff finds this criterion to be met Whether and the extent to which the proposed amendment would result in demands on public facilities and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities including but not limited to transportation facilities sewage facilities water supply parks drainage schools and emergency medicofacilities Staff Finding The applicant has agreed to pay for any extension or improvement of utilizes if any are needed Applicant has contracted with a consulting firm to determine available water flows for the site That study has indicated that there is enough water capability for required fire needs The applicant is working with the ACSD on a realignment of the sewer The proposal is currently being reviewed by the board of directors The According to a letter submitted by the Applicant s engineer site drainage will be handled with some drainage improvements to maintain historic runoff Further the Applicant s engineer states that the timeshare units will have a similar footprint to the existing tennis courts so an expansion of the impervious surface will be minimal The Applicant will be required to pay the applicable Storm Water Fee assessed by the Engineering Department If areas of the site are re paved as part of the redevelopment Staff recommends that the re paving utilize pervious paving materials The Engineering Department has reviewed the application and is working with the applicant to ensure there is adequate drainage onsite Exhibit E Rezoning Review Criteria Page 4 of 6 At this F time staff finds this criterion is met proposed Whether and the extent to which the adverse impacts on amendment would result in significantly the natural environment Staff Finding The applicant has committed to ensuring the new existing development This will be done through building and the use of a GSHP loop There are trees that need to be some Department to ensure the trees all stream margin requirements aze development properly mitigated efficiency for n energy than the of the Aspen Club has worked with the Parks applicant removed but the no more uses increased energy addition the applicant is abiding by Staff finds this criterion to be met G Whether the character in the proposed City amendment is consistent and compatible with the community Staff Finding Rezoning is required because of the SPA designation the SPA designation is required to allow multi family Affordable Housing and Lodging on the site Other pazcels in the immediate and the Benedict Building The area are also zoned with an SPA overlay Silverlining Ranch The is consistent with the chaacter of the area as outlined in Review Criteria that are located throughout town and C above Both Affordable Housing and Lodging are uses The city aze to the functionality of Aspen the Resort and Aspen the Community proposed development integral has a number of small proposal neighborhood lodges is similar to those lodges that are scattered throughout residential areas This Staff finds this criterion to be in term of size and character met H Whether there been have surrounding neighborhood changed conditions affecting the subject parcel or the to that which support the proposed amendment Staff Finding The neighborhood already diversity addition there have kind of development In address this b contains a mix of been no uses recent and the changes lodging component in the Staff finds this criterion is not azea or to the land use code that applicable proposed amendment would be in conflict with harmony with the purpose and intent of this Title Whether the whether it is in would add the public interest and Staff Finding There is overlays housing no known conflict regarding in the area and an SPA which is a goal of the on this application There are a number of parcels with SPA this site would enable the creation of additional affordable Staff believes that the SPA Area Community Plan Aspen Exhibit E Rezoning Review Criteria Page 5 of 6 designation would create a public benefit It will allow affordable housing to be developed on the parcel which is not currently a permitted use in the underlying zone district This will enable the Club to house some of its employees that currently commute into Aspen reducing impacts on the transportation system and the entrance to Aspen Further the timeshaze development will enable to Club to continue to provide a home for many of the Valley profits and will s non enable specialized programming to be made available to the public Staff finds this criterion to be met Exhibit E Rezoning Review Criteria Page 6 of 6 EXHIBIT F SUBDIVISION Chapter 26 480 SUBDIVISION 480 of the City Land Use Code provides that development applications Section 26 Subdivision must comply with the following standards and requirements A for General Requirements 1 The proposed subdivision sha i be consistent with the Aspen Area Comprehensive Pion Staff Findins goals in the Aspen Area Community Plan are met but has some relating aspects of the AACP The Application meets a number of AACP goals related to affordable housing economic sustainability and arts and culture and The has made changes since Conceptual Review to meet goals related to transportation the project Applicant has also made changes to the site plan which Staff believes brings and closer to meeting the goals related to community character design open space environment Overall Staff finds this review criterion to be met Staff believes that a number of the to other concerns Housing Applicant is providing 145 of the required Affordable Housing which is an important step in helping the community meet the Affordable Housing goals outlined in the AACP The Housing section of the AACP states the intent of affordable housing is to create an affordable housing environment that is appropriately scaled and distributed throughout his development proposal mixes free existing and new neighborhoods Intent pg 25 I affordable housing The affordable market free with market commercial and lodging housing is scaled to relate to the adjacent Club building and other surrounding buildings The This section also states that Our diversity reinforce variety should bolster housing policy and enhance our sense of our economic and social community by integrating affordable social balance includes all income ranges and into the fabric of our town A healthy of people Each project should endeavor to further that mix and to avoid segregation of types economic and social classes by project Philosophy pg 25 This proposal would provide 12 new affordable housing rental units for Aspen Club Employees A mix of category 2 3 housing and 4 units are proposed which will ensure the housing is accessible to a wide range of income levels Managing Growth Chapter lists one of the main goals of managing growth as balanced community through integrated design that promotes economic foster awell diversity transit and pedestrian friendly lifestyles and the mixing of people from different backgrounds Goal E pg 9 The proposal will promote a mix of backgrounds through the Club use as well as the affordable housing residents and lodge visitors that will be on site Additionally a detailed transportation plan is proposed that promotes pedestrian access to the site and the use of alternative modes of transportation The AACP Managing Growth Exhibit F Subdivision Review Criteria Page I of 6 Economic Sustainability Further the Economic of business helps Sustainability section our community s to the local economy and and that the The operated recognizes that local ownership provides and its governments should support local ownership as well as businesses that are locally serving and locally involved Philosophy pg Club is owned by a variety of locals and non locals but it is a locally community owned externally 31 of the AACP unusual character tends to return more money additional opportunities for upward mobility of people maintain Aspen business The stated goal of this proposal is to provide a new health and wellness for residents and visitors and to use the money raised through the timeshare sales to subsidize programs for locals The Club currently provides services and events that are designed for locals including the Tuesdays with Michael program that highlights a local non profit and their activities every week in the summer as well as periodic health lectures Staff believes that the concept of this application is a good one and will go a long opportunity way toward furthering the goals outlined Aspen Area Community Plan The Economic Sustainability section also states that it is important to encourage resource efficiency environmental responsibility and cultural and community sensitivity in local organizations and in construction Policies pg 32 The applicant used the new LEED for Neighborhood standards in developing the proposal This requires that development be done using environmentally friendly techniques To that end the applicant is investigating ways to minimize construction impacts utilizing alternative renewable energies and various energy efficient materials The applicant has committed to no net new energy use as a result of this project Arts Culture Education The AACP states that arts culture and education aze acknowledged as profile and its essential to Future as a Aspen thriving year s round unique place to live work and learn Philosophy Pg 45 The Aspen Club currently works to promote the Arts Culture and Education of the Aspen Area by supporting local non profits through provision of office space and financial support and by facilitating educational and wellness programs for Club members and community members at large The applicant has pledged to continue this commitment if the application is approved economy its Parks Open Snace vibrant international Environment Environment section of the AACP discusses the need to Parks Open Space preserve enhance and restore the natural beauty of the environment of the Aspen Area Intent pg 34 Staff believes the changes made to the application during conceptual review help the proposal move in the direction of enhancing the riparian area on the site and bringing the riparian area into the site however staff believes the current mass detracts from the natural beauty of the azea The removal or relocation of units 5 and 6 would further help The the development meet this section of the AACP Developments should be in accordance with the Wildlife and Biodiversity map and the Parks Open Space and the Environment map to protect sensitive habitat areas e g riparian corridor and Elk habitat Policies pg 35 The development is respecting the required stream margin setback and the applicant has worked with the Parks Department to ensure that construction methods will not negatively impact the This section also states that All ripazian area Exhibit F Subdivision Review Criteria Page 2 of6 Design Quality The Design Quality eclectic mix of section of the AACP asks that design styles to maintain and development enhance the retain and encourage an special chazacter of our that we favor community diversity tempered by context sometimes as arbitrariness Context refers first to sometimes historical not opposed to region then town neighborhood and finally the natural and man made features joining a particulaz development site Decisions regarding scale massing form materials texture and color must be first measured by context Contextual appropriateness transcends style alone Philosophy pg 42 The section also states Staff believes the ideas put forward in the Application for a health and wellness facility are good goals and that the site plan changes at Conceptual have moved the proposal in the goal with the proposed architecture Further Staff finds that the changes help ensure the development will enhance the special character of our community The Aspen Club site is unique and this Application proposes a unique addition to the Club Staff believes the changes to the site plan begin to reflect these opportunities In terms of uses the project does a good job of relating to the immediate context which is comprised of a variety of uses In terms of massing staff is concerned that there is too much mass on the rural fringe The elimination or relocation of site given its context of being on the urban units 5 and 6 would help better meet the Design Quality section of the AACP direction of combining this Transportation The AACP has that new a growth by support travel number of goals and policies related to Transportation including a policy should be structured on compact mixed use patterns that enable and foot bicycle and public transportation for all types of trips Policies pg 22 Additionally the Transportation Chapter includes goals to maintain and improve the appeal of bicycling and walking by adding sidewalk connections replacing sidewalks and requiring sidewalks as part of development approvals where appropriate Goal C pg 22 and the appeal of carpool or vanpooling for a wide variety of trip types Goal D pg 22 The Transportation Chapter also includes a policy to require all employment school social recreation or other activities that generate demand for travel to mitigate traffic impacts through support of alternative transportation modes in proportion to trips generated Policies pg 22 applicant has worked with city staff to create a set of Transportation Demand Management TDM tools that focus on alternative forms of transportation including carsharing vanpools carpooling biking and walking The applicant has also committed to installing a new sidewalk along Ute Avenue to make walking and biking safer and more viable The TDM plan includes a commitment to continue use of the Cross Town Shuttle and the use of coordinated vans and shuttles for employees as well as visitors who stay at other hotels but want to use the Aspen Club Coordinated pick up service at the airport is also proposed for the timeshare users Staff believes that the TDM plan meets the goals and policies of the AACP related to Transportation The 2 uses The proposed subdivision shall be consistent with the character in the of existing land area Exhibit F Subdivision Review Criteria Page 3 of 6 Staff Finding proposed development is consistent with the character of the area The neighborhood consists of a variety of single family and multi family homes as well as commercial non and uses The affordable profit lodging proposed housing is consistent with the adjacent properties which include a number of affordable housing projects Additionally adjacent parcels also include non profit and commercial uses Staff finds this criterion to be met The The proposed subdivision shall not adversely 3 surrounding affect the future development of areas StaflFinding Staff believes that this Most of the area development area development opportunities will not adversely affect the future build out so there is not this criterion to be met Staff finds is at or near 4 The proposed subdivision shall be in ojthis Title compliance with all a development of the great deal of future applicable requirements Staff Finding Through code are the review criteria outlined in the exhibits staff believes the requirements of the met although some minor changes are suggested Overall staff finds this criterion to be met Suitability of Landfor B a Subdivision Land suitability The proposed subdivision shall not be located on land unsuitable ofJlooding drainage rock or soil creep mudllow rockslide avalanche or snows ide steep topography or any other natural hazard or other condition that will be harmful to the health safety or welfare of the residents in the proposed subdivision for development because Staff Finding s mapped Applicant has located all development outside the Roaring Fork River year floodplain The applicant conducted an avalanche study as part of the final 100 application which found the affordable housing units are in the blue zone According to the study blue zone avalanches have a return period of 30 to 100 years or a 1 to 3 probability annually The applicant and Engineering Department have agreed to have Staff finds this the mudflow risk to be evaluated by the Colorado Geologic Survey The criterion to be met at this time Spatial pattern effuient The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies duplication or premature extension ofpublic facilities and unnecessary public costs b Staff Finding Staff believes that the property is suitable for subdivision and development existing public utilities and services including transportation in the area There Any are cost Exhibit F Subdivision Review Criteria Page 4 of 6 associated with utility upgrades will be borne by the applicant Staff finds this criterion to be met 580 shall be providedfor mprovements The improvements set forth at Chapter 26 These standards be varied subdivision by special review See Chapter proposed may conditions have been met 430 if the following 26 C the unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area or the goals of the Comprehensive Plan the existing neighboring development areas and community 1 A applicant shall specify each design standard variation requested and providejustiftcation for each variation request providing design recommendations by professional engineers as necessary 2 The Staff Finding The Applicant pursuant has consented in the application to meet the applicable required improvements to Section 26 580 Staff finds this criterion to be met Affordable housing A subdivision which is comprised of replacement dwelling required to provide affordable housing in compliance with the requirements 520 Replacement Housing Program A subdivision which is comprised of of Chapter 26 new dwelling units shall be required to provide affordable housing in compliance with the 470 Growth Management Quota System requirements of Chapter 26 D units shall be Staff Finding applicant is providing 12 affordable housing units to mitigate the new timeshare lodge units No mitigation is required for the Club remodel Further more affordable housing than is required is provided by this proposal Staff finds this criterion to be met The E School Land Dedication set forth at Chapter Compliance with the School Land Dedication Standards 630 26 Staff Finding subdivision is required to meet the School Land Dedication Standards pursuant lieu of in The Applicant has proposed to pay cash 630 to Land Use Code Section 26 the school land dedication has consented to land The Applicant paying applicable The proposed providing fee at the time of building permit issuance for development within the subdivision Staff finds this criterion o be met approval may only be granted to applications for which all growth management development allotments have been granted 470 or growth management exemptions have been obtained pursuant to Chapter 26 Subdivision approval may be granted to create a parcel s zoned Affordable Housing Planned Unit Development AH without first obtaining growth management PUD approvals if the newly created parcel s is required to obtain such growth management F Growth Management Approval Subdivision Exhibit F Subdivision Review Criteria Page 5 of 6 approvals prior to development through Ord No 44 2001 2 a legal instrument acceptable to the City Attorney Staff Finding application has requested the necessary growth management development Staff finds this criterion to be met The allocations for the proposed Exhibit F Subdivision Review Criteria Page 6 of6 01 1 March 1 2010 Jessica Gan ow AICP Long Range Planner City of Aspen Community Development Department 130 South Galena Street Aspen Colorado 8161 I Re Aspen Club Spa SPA PUD Subdivision Dear Jessica In response to the issues raised on this matter the incorporated in the by City Council at the 2010 public hearing substantive commitments be proposes that the following Ordinance that is currently being considered Applicant hereby approval February 22 by City Council Accessibility of Club Membership hereby commits and agrees that from and after the date of issuance of the final Certificate of Occupancy for the Aspen Club Living project and continuing for so long as the timeshare condominium form of ownership remains aCity approved use of the will be holders of members of the Club Property more than 50 percent of the dues paying Resident Memberships in the Club One of the criterion for a Resident Membership is that the holder reside in the Roazing Fork Valley for more than 6 months each year a The Club Owner One year following the date of issuance of said final Certificate of Occupancy b and annually thereafter the Club Owner will perform an audit of the ratio of Resident Resident Memberships in the Club and will deliver to the Community Memberships to Non Development Department of the City of Aspen a written summary of the results of the audit accompanied by copies of the Club records and other data used in the conduct of the audit If any such audit concludes that less than 50 percent of the dues paying members of the Club hold Resident Memberships in the Club the Club Owner will take whatever steps vs Non Residential Memberships may be required to increase the ratio of Resident Membership c to greater than 50 percent In the event the next annual audit reflects a continuing non compliance with the requirement that Resident Memberships exceed 50 percent of the total dues year Resident Memberships paying Memberships in the Club then the Club will offer free one to any and all full time City of Aspen employees that wish to be Club Members such offer to remain in effect until an annual audit concludes that the Club is again in compliance with the paying Memberships requirement that Resident Memberships exceed 50 percent of the total dues held by a each free Resident a audit is obtained Membership in the Club When compliance City employee will expire one year after the date on which the employee signed a Membership paying Agreement with the Club and such employee will have the option ofbecoming adues Free employee Resident Member of the Club or of allowing his or her Membership to expire in ratio of Resident the shall count as Resident not Memberships determining Memberships Resident Memberships for audit purposes Memberships to Non Enerey Conservation 000 square An audit of the gas and electrical energy consumed by the existing 77 conducted Resource was three by Club building during the preceding foot years dated November 24 2008 a copy of which a written summarized in and report Engineering The energy consumption reflected in that report report is attached as Exhibit C to the Ordinance Baseline Average averaged 18 600 million Btu year over the subject three year period the of the Property The Club Owner hereby commits and agrees that following the redevelopment annual the average energy consumption of pursuant to the approvals granted in this Ordinance Affordable Housing all uses of the Property including the Club the Timeshare Units and the Units will not exceed the Baseline Average a Aspen for the The Club Owner commits and agrees that the Building Permit Application Club this Ordinance including the Aspen Spa Aspen Club Living development approved by installation of such will include the energy facility upgrades discussed in Section 3 below as may be to existing systems conservation mechanical components including upgrades or other qualified engineering fine in designed and recommended by Resource Engineering of the order to achieve the energy consumption Baseline Average for all anticipated uses the Timeshare Units and the Affordable Housing Units The the b Property including Club provided by Resource Engineering must be specifications and the Canary Initiative staff before approved by the City Building Department and recommendations reviewed and the Building Permit is issued Financial Assurances the Club Owner is also Bond on the project prior to the to provide the City with a copy of a Completion installation issuance of a Building Permit therefor The Completion Bond shall also cover the that the energy consumption mechanical components including upgrades to existing systems Permit are incorporated in the approved Building c committing Pursuant to Section 4 below of The final Certificate of Occupancy for the Aspen Club Living development d Club Owner has demonstrated to the approved by this Ordinance shall not be issued until the such required energy conservation Building Department and Canary Initiative staff that mechanical components including upgrades to existing systems have in fact been installed by Club Owner the days following the expiration of the one year period following the Club issuance of the final Certificate of Occupancy for the Aspen Club Living development Initiative staff with a report Owner shall provide the Building Department and Canary said one year period With summarizing the energy consumed by all uses of the Property during and Canary Initiative staff such report the Club Owner shall provide the Building Department of verification by the City with copies of all energy bills used to prepare the report for purposes said one year If such report concludes that the energy consumed by all uses of Property during the date of the report the Club period exceeds the Baseline Average within 30 days following to Escrow Owner shall open an Escrow Account with Pitkin County Title Inc subject the Club Owner and City Attorney and shall Instructions that have been mutually approved by e Within 30 fund that Escrow Account with the sum of Building Department and Canary Initiative staff and shall upon deposit During the one an provide amount to be determined the City by with evidence of the Club Owner shall make ensuing year period Property energy consumption into compliance bring the s such to based with the Baseline a good faith effort Average Three years following the date of issuance of the final Certificate of Occupancy f or other for the Aspen Club Living project the Club Owner shall have Resource Engineering all uses of the qualified engineering firm perform a complete energy audit covering of the Propertyduring the preceding three year period and averaging the energy consumption that the energy consumed during Property over said three year period If such audit concludes Owner shall have Resource period exceeds the Baseline Average the Club Engineering or other qualified engineering firm perform an updated said three year evaluation of the energy and the Club Owner shall have the year systems and the operation thereof on the Property the energy following the date of the audit in which to make such changes in the operation of or such upgrades to the system as may be recommended by said engineering fine in system and Baseline Average The Club Owner shall have the right to draw order to achieve the promised funds from the Escrow Account to pay for such remediation efforts Similar audits will be performed four years and five years respectively following in the date of issuance of the final Certificate of Occupancy for the Aspen Club Living project of each instance covering the preceding three year period and averaging the energy consumption with compliance the Property over said three year period If either of said audits reflects anon faith efforts to upgrade the continue its Club Owner shall good the Baseline Average then the the previous recommendations of the energy consumption on the Property pursuant to such to draw funds from the Escrow Account to pay for firm and shall have the g right engineering remediation efforts If said fifth year audit determines that the energy consumption on the Property closed and all remaining does not exceed the Baseline Average the Escrow Account shall be and no further energy reports or audits shall be funds therein shall be returned to the Club Owner of the Property exceeds required If said fifth year audit determines that the energy consumption the Baseline Average the Club Owner shall be obligated to provide an additional energy audit six years following the date of issuance of the final Certificate of Occupancy h consumption Living project covering the preceding three consumption of the Property over said three year period for the Aspen Club energy the year period and averaging Such annual audit obligation shall continue until such time as an audit determines that the energy does not exceed the Baseline Average 3 consumption on the Property Reinvestment in Club prior to the issuance of a final Certificate of Occupancy for the Aspen Club Living development approved by this Ordinance 000 in upgrades to the existing Aspen Club 5 the Club Owner will spend a minimum of 000 a new swimming pool new Spa facility including but not limited to structural improvements in clean locker rooms upgraded activity spaces improvements to utility systems investments a The Club Owner hereby commits and agrees that energy initiatives and a new entryway Spa facility the Upon substantial completion of the upgrades to the Aspen Club Club Owner shall provide to the City Building Department a summary of the costs and expenses incurred by the Club Owner in accomplishing the upgrades which cost summary shall be reviewed and approved by the City Building Department b A final Certificate of Occupancy shall not be issued for the Aspen Club Living c is satisfied development project approved by this Ordinance until the City Building Department that the Club Owner has expended a minimum of 000 000 in connection with the upgrades to 5 the Aspen Club Spa facility 4 Financial Assurances issued for The Club Owner commits and agrees that before a Building Permit is a Club Owner will provide to the Aspen Club Living development approved by this Ordinance the the City Building Department and the City Attorney for review and approval satisfactory the evidence that the Club Owner has in place sufficient financing to accomplish and complete all construction of the development including all improvements covered by the Building Permit Club and the Aspen SPA Agreement PUD required under the Subdivision public improvements Spa upgrades provided for in Section 3 above Such financing may include without or lenders and equity capital limitation a construction loan from an institutional lender third investors or investments from the Club Owner and party the requested Building Supporting cost estimates for all improvements covered by shall be delivered to the s General Contractor and Permit shall be prepared by the Club Owner before the Building Permit is issued City Building Department for review and approval b Permit is The Club Owner further commits and agrees that before a Building Club Owner will the issued for the Aspen Club Living development approved by this Ordinance and the City Attorney for review and approval a copy of the c City Building Department provide to Bond issued or committed to be a Completion s General Contractor by issued to the Club Owner to provide the funds an institutional surety company pursuant to which the surety agrees construction of the improvementscovered by the Building Permit all necessary to complete the under the Subdivision SPA Agreement and the Aspen Club PUD public improvements required The Completion Bond shall name Spa upgrades described in Section 3 above insureds thereunder Owner and the City of Aspen as additional beneficiaries or We would appreciate consideration of these your serious proposed the Club commitments Respectfully submitted i z Michael Fox Manager Aspen DOC 1 4741301 Club Spa LLC i2 ib rk FEtlit IRPNS40 RTP110N Rs Per 1ON511l IAN rS MEMORANDUM Date March 22 2010 To Mick Ireland Aspen City Council From David Millar P E PTOE Subject Aspen Club Living Traffic Study Review 0273 DN10 At the request of Gary Nathanson and Citizens for Preservation of Zoning I have completed a proposed addition of 32 housing units at the Aspen review of several documents related to the Club The review included the following documents Aspen Club Living Transportation Analysis dated September 17 2007 prepared by Spa Traffic Count Report dated October 29 2008 prepared by TDA Aspen Club Aspen Club Living Transportation Demand Management TDM Plan no date Aspen Club Living Traffic Analysis and Traffic Count I found two assumptions that are questionable and one issue that is not TDA addressed These include Assumption of zero in growth Determination of land use background traffic volumes for trip generation calculations type Lack of daily trip estimates Club Transportation Analysis includes statements that the proposed development Aspen s does not make it a in will result zero growth in traffic Zero background traffic growth as a policy There will be the development is new trips generated by This an example reality development These users whether in private autos or in the service vehicles tenants and required users by provided shuttles will add trips to the transportation network Club The accepted standards The Institute of analyzing traffic generation engineers use nationally Transportation Engineers ITE Trip Generation Report is the industry standard for predicting trips from new development In the Aspen Club sTransportation Analysis the following land use types Rise Apartment ITE Code 223 The land use Mid were used Resort Hotel ITE Code 330 and in the lowest possible estimate of trip types assumed for the purpose of calculating trips result been land have use categories that should applied to this project have higher generation Other rise apartment ITE Code 223 rather than the more general rates For instance the use of mid The mid rise category of apartment ITE Code 220 results in fewer trips being estimated in Montgomery County Maryland which category data is based on only seven studies conducted In is the suburban county adjacent to Washington DC 621 1 T Street 2301 Denver CO 80293 30312964300 lehra nd peers www com Fax 4302 303 296 Mick Ireland and Aspen City Council March 22 2010 Page FtuH 2 of 3 Ptrlts o POh ITE Code 330 which the Club used is substantially The use of a hotel lower than the more appropriate category of timeshare ITE Code 265 is questionable given that these will be owner than rather the timeshare category category occupied some of the time The timeshare land use category has significantly higher trip generation rates than resort hotel in fact it is nearly double the rate during the PM peak period Note also that in the study of resort hotels the smallest hotel in the sample had over 235 rooms making it a poor predictor of trips for a much smaller development The rates for that category are not well suited to the proposed development The trip generation rate for resort hotel Further the trip generation estimates do not include daily trip volume estimates Total daily trips will give a better indication of the overall impact on a residential street than the peak hour trips Based on the land use types used by the Club in their study the number of additional daily trips could range from 100 to 300 trips per day Based on the land use categories of timeshare ITE suited categories for Code 265 and apartment ITE Code 220 which we believe are the best the project the daily trip generation would be estimated at 280 daily trips Based reported daily volumes along Ute Avenue east of Original Street 2170 vpd and 1500 vpd an increase of 280 trips would represent increases of 13 percent These would be noticeable increases that would detract from the respectively percent on the east of Ute Place and 19 street livability of the Aspen Club Living TDM Plan The TDM plan covers many areas that have the potential if tremendously successful to reduce a very small amount There trips If the plan is only somewhat successful it would reduce trips by s plan being even somewhat successful are several concerns that exist about the Aspen Club TDM strategies at Keep in mind that the traffic on Ute Place is already being mitigated by existing the Aspen Club 000 traffic impact studies I have not come reviewing nearly 1 included new additional land development which did not acknowledge at least being generated Even those with significant TDM strategies In performing or across some any that new trips example is provided for a frame of reference Based on our work with the City of Steamboat that a very aggressive Springs and analysis of a resort hotel at the base of the ski hill we found 30 TDM plan that was implemented during peak ski weekends resulted in a reduction of only intensive achieved the most traffic during high percent of the expected number of trips This was better alternative than day The exceptional free and well advertised transit alternative was a the same private autos during high traffic peak periods The same extra service provided during less on non peak weekend resulted in only a 20 percent reduction during other days and even This ski weekends Regardless of the potential for success there is no guarantee of success made that the TDM plan will in fact result in no net increase in trips There how to put the genie back in the bottle so to speak No are assurances are no provisions on quantify the number of trips that are expected to be reduced by each strategy There are strategies This is critical because many of the strategies are aimed at employees to reduce or The of of those strategies travel ability any already in place regarding employee eliminate employee trips on Ute Avenue is questionable The plan does not Mick Ireland and Aspen City Council f March 22 2010 FFIpIR Page3of3 hGERti but could have little or no The plan includes several strategies that may alter parking demand and car rental rates for employees who live on includes car discounted trips This sharing impact site on The demand onshuttle strategy would change the mode of travel but could actually increase trips on shuttle to be the demand empty which successful it must provide excellent service requires frequent trips Fewer trips would 22 less demand on and mean it is less capable of being likely to be used This is a Catch when return shuttle trips are considered In order for situation The primary trip type that would need to be reduced to have a significant impact on total trips on will have Ute Avenue is patron trips The strategy to offer incentives and prizes to the patrons unless the are of a very large magnitude Perhaps a trip for four to Hawaii little impact prizes offered every three months WbG Orv S QAikR Jessica Garrow Nitti From Anthony Sent 26 PM Tuesday March 23 2010 12 Mick Ireland forward hitorre@aol com Steve Skadron Steve Skadron forward Dwayne Romero Dwayne Romero djohnson@aspensnowmass com To com anitti@Withum Jessica Garrow@ci cous aspen Cc com letters@aspendailynews mail@aspentimes com Subject In support of the Aspen Club Attachments png image001 hand first ve had more than enough time to witness valley resident for the past four years I and completely justifiable aversion to superfluous development and unchecked change inherent While only Change a of course is inevitable With that that add value leaving the town richer in landscape why improving people I am adamant in my support for the health club in prominent a from around the downtown in search of s incumbent upon both it sleadership Aspen and its residents to represent change merely for change s sake and instead embrace those alterations stave off proposals that This is understood s Aspen a globe a body pursuits tricked out Wal Mart spirit than it or a are was prior Club The obvious benefits that development of the Aspen destination resort with the active and many Aspen is after all it offers As a they a come from tourist attraction enticing t comb average visitor doesn class health do expect to find aworld result while ass Krispy Kreme kick to our local our club For the development to meet the standard of adding value s it imperative that Aspen locals also benefit from t ones to catch up over coffee or close deals improved Aspen Club As a people we aren in a spin class or from neighboring yoga business or otherwise to foster relationships Aspen Club is where they a can valued resource and an improved over dinner as much an as we tend mats For this reason the club would continue to entice the members of our town to a place congregate and collaborate both t through underplay the role that creating jobs Perhaps most importantly given the current climate we also can and the new roles at the expanded club can have in affordable units the and the construction of fractional housing boosting our troubled local economy when a project comes along such as the This is not to say of course that the town should embrace all development But the traffic on Ute Avenue to the commitment from Club which has been carefully considered from all aspects Aspen to the required minimum reinvestment of to energy efficiency aside natural tendencies and support change our Sincerely Tony Nitti Anthony J Nitti CPA MST Manager Spring Street Tax Senior 117 South Aspen CO 81611 970 P 7382 925 970 F 8967 925 9593 658 609 cell 000 5 000 s time to put into club expansion perhaps it com withum To contained in used by S tax advice rules unless expressly stated otherwise any U or be is intended written to not used and cannot be this communication including attachments under the Internal Revenue recipient for the purpose of avoiding penalties that may be imposed compliance ensure the with U S Treasury Code This email transmission and any documents files or previous email messages attached to it may contain or a person responsible confidential information that is legally privileged If you are not the intended recipient distribution or notified that are disclosure copying for delivering it to the intended recipient you hereby any If you is STRICTLY PROHIBITED of the information contained in or attached to this transmission use of any have received this transmission in error please immediately notify the sender Please transmission and its attachments without reading or saving it in any manner Visit our com withum website at www destroy the original Jessica Garrow From Carleen Sent Monday Joseph antiguangirl1@yahoo com To March 22 2010 12 37 PM Mick Ireland forward hitorre@aol com Steve Skadron Steve Skadron forward Dwayne Romero Dwayne Romero djohnson@aspensnowmass com Jessica Garrow Subject Letter of Support for The Aspen Club docx Aspen Club Letter to City Council Attachments Dear City Council Member Most of you have heard from me in person at the last 2 council meetings where issues surrounding the Aspen Club Living project was on the agenda I have no doubt that you have heard the same comments repeatedly ND or traffic certainly not an expert on LEED of using community resources to enhance patterns However I do know quite a bit about the importance served lives of members of our community who are economically challenged and under may have nothing new to add to the discourse and I am the will have great impact on the health and well being of children and families from staff have always opened the Aspen to Rifle Since moving to town almost 5 years ago Michael Fox and his risk youth giving them an opportunity to use a facility that they might have only heazd about club to local at I truly believe that this project because their parents worked at the Club With the new Aspen Club programs and services to our local I won t be in town for the next I look forward working served community under wing project meeting where this the attached letter of support in my absence Thank you arleen project to will be a with Michael and his staff to focus Consequently I hope expand you will accept March 22 2010 Dear Aspen City Council In May 2005 I took a leap of faith and moved to Aspen I had previously visited this valley twice and had fallen in love with its environmental beauty As first year in Aspen having left my a big city girl I behind support system unfortunately unprepared for small town life During my was on the East Coast I felt very isolated and out of place To make matters worse unforeseen circumstances meant that I regimen which was an Thankfully through with member of what I initially believed to be Club found Spa I quickly discovered that it I also found home a The Club has proven to be staff have opened reason a the valley and the progressive project much more that is the opportunity to become a the doors of The Aspen through than I had expected At the end of Ute Avenue I not only people You on more in this valley than just health and wellness Michael Fox and his who would otherwise have this isn t just about see risk and 4 years many groups of at me was support made just a the Aspen Club appropriate for no opportunity to and my need to indulge in my daily fitness economically challenged youth have been welcomed to the Aspen Club It is because of the above that I fully a given standard health club When I walked was to offer country was a between the affluent and the underserved This is I local to stay in town beyond my first year the Club sdoors to across youth non profit a community focused experience what the Club has regimen Throughout the past unable to continue my fitness and nutrition of maintaining my physical and mental health important part employment my was from here in It is thanks to the Club that the gap little bit smaller redevelopment project currently before City Council this town and will not only benefit those who live East of the roundabout but those who reside in this entire valley The Aspen Club is gather daily of the one largest employers The Club has been an integral part longstanding institutions I completely this valley The project for the underserved to After attending creates improve thoughtful more reasons for visitors to come as it continues to meet the to Aspen for locals like me growing to needs of to remain in town and their health and wellness responsive ways I especially of the a understand its need to evolve Z and Council many PB that Michael Fox has been great place for members and the community Aspen community for three decades and like most in town and is meetings to the appreciate and listening to the concerns of neighbors concerns of many stakeholders it appears and that all issues have been addressed in their energy commitments and the fact that the with the Aspen Area Community Plan in terms of project is fully aligned transportation housing managing growth economic sustainability and arts culture and education The Aspen Club adds a great s deal of value to this community quality of life What happens to the Club will reverberate throughout this community The upgraded Aspen Club will be great for the for this project you To give Michael and his staff at The Aspen Club your support Carleen Joseph vitality of this valley I urge Jessica Garrow Amanda Boxtel From Sent To Subject Friday March 19 2010 Council Members Dear Aspen City I fully supportive is am a net aboxtel@comcast 05 AM Friday March 19 2010 11 Mick Ireland forward hitorre@aol com Steve Skadron Steve Skadron forward Dwayne Romero Dwayne Romero djohnson@aspensnowmass com Jessica Garrow Letter from Amanda Boxtel in support of Aspen Club Living progressive of the Aspen Spa re development project titled Aspen Club Living combines holistic health with sustainable development Club and land mark concept that The project pertains largely to land use I remind the governing leaders of our community who is at the helm of this project Michael Fox is a respected businessman he is compassionate trustworthy savvy and has Zand the interests of the community at mind Michael has been responsive to the concerns of neighbors P Council throughout the process One of the most appealing aspects is the project sacceptance into the Environmental Design for Neighborhood Development pilot prestigious LEER ND Leadership in Energy and Plan with regards to transportation through program The project is aligned with the Aspen Area Community While the issue employee housing managing growth footprint than the buildings that creating impact development exist today while providing economic sustainability by serving as an integral part of the Aspen community The Aspen Club is one of the few institutions left in town that encourages people in the community to gather employing over 200 individuals serving 1 800 members who are mostly local and accommodating weekly s Care the Spa and Salon Aspen Cycling visitors involved with Aspen Sports Medicine All Valley Women Club and also and countless other programs The Aspen wide to Spa provides a platform for charities valley the submission of a comprehensive traffic a inspire study offering that will wind up with low affordable a smaller carbon and raise critical funds to sustain their programs s commitment to see the project through while upgrading the existing thirty old year firmly believe in Michael a asset for to come years facility and ensuring that it remains community an opportunity to provide a world class body mind and spirit center combined with Club is Living Aspen edge technologies that can only expand the Aspen brand leading medical practitioners and cutting I gravity Spa continues to impact my life Twice a week I walk on their newest AlterG anti the use of this device and and athletic With arevolutionary approach to rehabilitation treadmill conditioning for the first time in 18 years of paralysis I am able to walk in the most normal unrestricted gait I defy gravity in towards regaining function like never a pressure regulated machine and with determination I am able to work art technology the Aspen the of before I am achieving something I never imagined possible With such state Club and Spa stands out from the rest It is the only facility within a hundred mile radius that owns an AlterG gravity treadmill I am reminded with sobering tears that I can be beautiful in my tallness and with a little anti a help from my friends at the Aspen Club and Spa I can make my dreams my reality one baby step at time The Aspen Club and I encourage you to please support Thank you Amanda Boxtel Amanda Boxte PO Bar 3767 Michael Fox and the Aspen Club Living project O 81621 all C Ba S1 L Ph 9260 379 70 ehrzle ruavm If rom uuclaBox6rl 1n 0 wwutanuurdirGoxlel 13 om e mord bzle my 6e epin Paz injury look ily nnr GaFry rtcp rre nC u tln e raP my ma nfiilip to C i1 dirbt nad l Inkr g my am abalzty rear T urv ro c akrng my m rfreatn m Jessica Garrow Eliza Mercanti From Sent To Subject Deaz com mercanti@gmail eliza 16 PM Friday March 19 2010 3 Mick Ireland forward hitorre@aol com Steve Skadron Steve Skadron forward Dwayne com Jessica Garrow Romero Dwayne Romero djohnson@aspensnowmass Club Aspen Living Project City Council I believe you should approve the Aspen Club living project for two reasons First The Aspen Club is an profits which institution Second the project will benefit members employees local athletes and non ultimately encompass the majority of the Aspen Aspen community 30 years the Club has served the community as a tennis then fitness and now wellness gathering place Each evolution has improved services and offerings and has reflected the evolving needs of the Aspen s not easy for a membership club to stay accessible and viable simultaneously but The Aspen community It For over disappearing before our eyes daily and over the yeazs we have felt the impact of this loss This project takes a great community asset and makes it better Michael commits to not only improve the Club with a 5 million dollar investment but also to build affordable housing s dedicated for employees in excess of what is required for the development He private funding for many a shelter on Ute Avenue speed bumps on Ute additional benefits including extended Ute trail access bus Avenue all part of a transportation plan with clear accountability As part of this commitment to the service wellness facility which currently serves over community The Aspen Club will continue operate as full profits 1800 members in addition to thousands of spa clients sports medicine patients and a variety ofnon Club has done it This community assets are community than it is today While we to struggle to determine who it serves one thing is certain we are a tourist economy Yet of The that this evolution next the kind of multi day retreat wellness and performance offerings project will Aspen continues t yet have don Valuable allow the Club to become an even greater benefit to the Club proposes We are a world class resort We need to have a world class retreat center club and spa for every walk of life to discover Many generations of families will be able to spend time enhancing their well and being health and performance together This is a unique idea that Aspen can be proud to offer Programs Aspen retreats delivered during additional benefit to this as well as shoulder project benefit from less draw seasons will benefit restaurants shops and lodging As an based on the sale and resale of the free market employees city will collect taxes on the employee housing pool the units s long time local Aspen Club and the Aspen Club Living project has the large majority of the community understand how important it is to support locally support because we live work and play here everyday We owned and operated businesses that serve the locals and visitors We are truly aligned in this effort However t want any change regardless of the opposition is made up of second home owners and their PR firm who don s permanence being local serving and the how much it benefits the larger whole The questions about the Club answered We are so lucky to have a business owner in our guarantee that the project be finished have been s figure out how we can help town which is willing to create and deliver a product so unique and exciting Let The Sincerely Eliza Mercanti Boomerang Road Unit 5401 Aspen CO 1861 I Eliza Mercanti com gmail 115 r Jessica Garrow Gary Rappaport garyr@venturian com 11 PM Tuesday March 09 2010 5 From Sent Jessica Garrow Huh To Subject Follow up Follow Up Flag Flag Status Completed Hi Jessica Just perusing paragraphs the revised Can you proposed briefly tell me Ordnance regarding the Aspen Club Living project and happened on this set of what the rationale for all this is Thanks Gary B Rappaport Aspen Home 970 4155 Cell 925 612 1224 309 of commits and agrees that from and after the date of issuance of the final Certificate form of the timeshare condominium Occupancy for the Aspen Club Living project and continuing for so long as paying members of the Club ownership remains aCity approved use of the Property more than 50 percent of the dues Resident Membership is that the holder will be holders of Resident Memberships in the Club One of the criterion for a The Club Owner a reside in the Roaring Fork b hereby Valley One year the Club Owner will for more than 6 months each year and annually thereafter the date of issuance of said final Certificate of Occupancy Resident Memberships in the Club audit of the ratio of Resident Memberships to Non following perform an of the results of the and will deliver to the Community Development Department of the City of Aspen a written summary of the Club records and other data used in the conduct of the audit audit accompanied by copies If any c Resident Memberships Resident Membership such audit concludes that less than SO percent of the paying dues in the Club the Club Owner will take whatever steps may be vs Residential Memberships Non to greater than 50 percent members of the Club hold required to increase the ratio of In the event the next annual audit of the total reflects a continuing non compliance with the requirement that Resident Memberships exceed SO percent to any and all full year Resident Memberships paying Memberships in the Club then the Club will offer free one dues effect until an annual audit time City of Aspen employees that wish to be Club Members such offer to remain in exceed 50 percent of concludes that the Club is again in compliance with the requirement that Resident Memberships Resident Membership the total dues paying Memberships in the Club When a compliance audit is obtained each free one year after the date on which the employee signed a Membership Agreement will have the option of becoming paying adues Resident Member of the Club or of with the Club and such employee count as Resident Memberships in his or her Membership to expire Free employee Memberships shall not held by a City employee will expire allowing determining the ratio of Resident Memberships Resident Memberships for audit purposes to Non 1 Jessica Garrow Gary Rappaport garyr@venturian com 19 PM Thursday March 11 2010 12 From Sent Jessica Garrow RE Huh To Subject Thanks Jessica Yes 1 heard about the postponement and will be here for it out free Open to locals is no doubt a worthwhile objective but to cure a default in this requirement by handing s dealing with memberships to City employees gives at least the appearance of creating a conflict of interest in the city to offset a severe imbalance m not sure there are enough City employees this application I mean the cure looks weird I d think a limit on the cost of membership with COL adjustments would serve the purpose better situation anyway I but I could understand the s applicant reluctance to do that s worth For what it Regards Gary B Rappaport Aspen Home 4155 Cell 612 970 925 From Jessica Garrow Sent Wednesday 1224 309 us co aspen Garrow@ci Jessica mailto March 10 2010 4 14 PM Gary Rappaport Subject RE Huh To Hi Gary The applicant proposed They want proposal this language in an effort to respond to s Council to make sure that the Club is still open to locals after the project is s a start addresses their concerns but it Also did you hear that the hearing was continued to March 31 it s a special meeting project Let me know if you have any other questions or want to chat about the Cheers Jessica Jessica Garrow AICP Long Range Planner City of Aspen Community Development Department 2780 429 970 www com aspencommunityvision com garyr@venturian Rappaport mailto March 2010 5 11 PM 09 Tuesday From Gary Sent To Jessica Garrow Subject regarding membership at the Club t know if they will think the done I don concern Huh Hi Jessica project to just hear the Aspen Club Just the revised perusing paragraphs briefly Can you Ordnance proposed tell me regarding the Aspen Club Living project and happened on this set of what the rationale for all this is Thanks Gary B Rappaport Aspen Home 970 612 4155 Cell 925 1224 309 commits and agrees that from and after the date of issuance of the final Certificate of form of Occupancy for the Aspen Club Living project and continuing for so long as the timeshare condominium paying members of the Club approved use of the Property more than 50 percent of the dues ownership remains aCity Resident of the criterion for a Membership is that the holder will be holders of Resident Memberships in the Club One The Club Owner hereby reside in the Roaring Fork Valley a One year b the Club Owner will for than 6 months each year the date of issuance of said final Certificate of Occupancy and annually thereafter Resident Memberships in the Club to Non audit of the ratio Resident following perform an accompanied by copies Memberships of of the Development Department and will deliver to the Community audit more City of Aspen a written summary of the results of the of the Club records and other data used in the conduct of the audit paying members of the Club hold If any such audit concludes that less than 50 percent of the dues the ratio of Resident Memberships in the Club the Club Owner will take whatever steps may be required to increase Resident Membership vs Non Residential Memberships to greater than 50 percent In the event the next annual audit exceed 50 percent of the total reflects a continuing non compliance with the requirement that Resident Memberships to any and all full year Resident Memberships paying Memberships in the Club then the Club will offer free one dues effect until an annual audit time City of Aspen employees that wish to be Club Members such offer to remain in exceed 50 percent of concludes that the Club is again in compliance with the requirement that Resident Memberships c the total held by paying Memberships dues a City employee will expire with the Club and such her in the Club When one a compliance year after the date on audit is obtained each free Resident which the employee signed a Membership Agreement paying Resident Member of the Club or of will have the option of becoming adues to Free Memberships shall not count as Resident Memberships in employee allowing his or determining the ratio of Resident Membership Membership expire Memberships employee to Non Resident Memberships for audit purposes z Donna Rowlands 770 Cemetery Lane Aspen CO 81611 March 16 2010 Dear Mayor Ireland and City As a concerned citizen I timeshare units 12 I am opposed asking that you employee housing units to this am This core or development no does NOT to this Sincerely Donna Rowlands because it does not adhere to the Land Use Code It would totally neighborhood This type and scale of construction is better suited to the better still to Vail members and timeshare Please say s proposal of 20 do not approve the Aspen Club and 41 new parking spaces proposal alter the character of the commercial Council provide owners proposal a great public benefit It offers no benefit to me It is in private hands for use by its March 18 2010 Mayor Mick Ireland and Aspen City Council s proposal for redevelopment for all the reasons that are so evident I oppose the Aspen Club Far too large and all encompassing we do not benefit from more units designed for second home owners we do not benefit by adding more time share units to the community This town needs to seriously consider what it means to continually develop for the wealthy for second home owners and time share community for money Elizabeth Farson 155 Lone Pine Road B 6 Aspen CO 81611 re We being diminished as an historic intimate highly valued Dear Mayor Iam a resident of 36 Ute I March 18 2010 and Councilmembers Place Aspen opposed to the proposed development of the Aspen am My objection 1 The is based on the application does meet the Club following points of the Land Use Code nor does it of the Timeshare Ordinance The Timeshare Ordinance not meet the requirements requirements intends to protect the character and quality of neighborhoods impacted by Residential zone timeshare development In this case the subject zone is aRural NOT a commercial or lodge zone where timeshares are required to be located This is a slope inasmuch as a precedent would be set to allow timeshares slippery anywhere 2 The outside the commercial application also does Community Plan AACP the Aspen core area area requirements of the Aspen Area requires that lodges such as this one be not meet the which built in zoning variance shall be gamed where as here there is no public benefit only benefits for the timeshare owners and their guests 3 No 4 The proposed development 10increased traffic will generate at least 15 along traffic studies which predict increased traffic generation does not predict future traffic impacts attributed to the Ute Avenue based s application The Ctub on units In addition it is fair to say that the timeshares will be operated as with attendant service and maintenance traffic In addition there is no enforcement mechanism to guarantee compliance a hotel with the traffic demand management plan massing ofthe proposed development is incomparible with the nuaUresidentiaVsingle family dominated uses along Ute Avenue and in the ofthe vicinity of the project which will irrevocably alter the natural tranquility The size and 5 azea For the foregoing reasons I respectfully request denial ofthe Application and variance Thank you urs JOS tnily FE H L Ute Place 36 0773 celU 925 970 hm 3654 Aspen 510 701 Loretta DeRose 1039 Cooper St 18 CRF Aspen CO 81611 March 15 2010 Dear City Council and Mayor Mick Ireland splan to develop a fractional ownership hotel This This letter is in response to the Aspen Club of the country does not warrant the need for more The in has economy Aspen occupancy dropped year I own a hotel in the Hamptons Long Island NY As in Aspen occupancy has dropped development Places without mortgages can survive Businesses that are financed are having a hard time I can see a fractional hotel being built not being financially successful and our government having to bail out the lending agencies Individuals and corporations alike should not be creating debt s The next issue is the visual aspect of the hotel It will not add to the beauty of Aspen Aspen charm is open space Leave well enough alone Another fractional hotel is not needed and will be a and esthetically for the town The Aspen City Council will be doing the developers negative financially city a favor by denying and the Very truly yours c Loretta DeRose the application March 17 2010 Mayor Ireland and Aspen City Council appalled to read that the City Council was even considering the Aspen Club s application for their proposed 188 970 sq ft development The fact that the area is not zoned for anything of the sort is reason enough to oppose tanyone noticed the huge structural skeletons that already exist in it but hasn town These are failed time share and mixed use projects that are a blight on our beautiful city and never should have been approved in the first place The fractional resorts that are here already are struggling to sell their inventory and sales for which there are few takers there is a huge glut of re 1 was shocked and development to foist on happened to growth control I cannot think of a worse location or more ill conceived one of the most beautiful areas in Our friends from Vail Please do not let us Roberta Allen Miller 907 Waters Ave Aspen CO 81611 7668 925 970 ever here to escape what they call Vailmart into that same mode plan slip Aspen What to move March 18 2010 Mayor Mick Ireland and Councilmen Steve Skadron Dwayne Romero and Derek Johnson Gentlemen Re Aspen Club Development Application children My wife eleven grandchildren and I have lived at 1105 Ute for the plus last 18 years We have watched the deterioration ofUte Avenue after the Butero fiasco when traffic was changed from 82 to Ute The speeding cars noisy trucks and vans have made living on the street less safe and less pleasant violates the land use code and a host of other ordinances but it goes to the heart of what is the right thing to do on the part of the elected officials and employees of the City Now the The was applicant tried before 1 succeed is with This new a not proposal is asking am a only the businessman to and change we the rules to all know the the Club This ploy way for a business to save only and not by a one time payoff for the investors WRONG Please do not approve this project is workable business proposed developp ent plan TH AS B COLEMA 1105 ast Ute Aspen Colorado 8161 Phone 6197 970 925 5240 685 917 Cell et TBC City March 11 2010 Dear City Council My name is Tim Murray and 1 am writing to express my concerns regarding the Aspen Club Development Proposal To me there is one selling point the Club has pushed throughout this entire proposal process that the expansion of the Club will be good for the Aspen community This point rings too familiar with the early marketing strategies of cigarette manufactures that you should buy cigarettes because they are healthy for you In the end neither is true The Aspen Club a privately owned and s take the bend the rules Let Rec Center does not break members club only competing Aspen even or turn a is asking Recreation Center for profit so it can Council to example the be said that it is subsidized by the taxpayers If the Aspen Club would like to guarantee the shortfalls in be asked operating costs of the City s competing Recreation Center will the Council in a effect bailout of a to hear their plea for the privilege to have a timeshare hotel club that fails to make enough income to satisfy its greedy owners In short the City is being asked to bailout a failing club that is in competition with the City s own club which gets bailed out on 1 think the obvious Club die if so a answer regular competition rule and let the Aspen least have enough respect for the is to let free market be it The Council should at senormous taxpayer investment in the newer Recreation Center and insist on some compensation to protect the investment The point to consider remains are using public resources to hear an argument that may well cause the shortfalls of kind of we basis the Recreation Center to increase Tim Murray 1275 Riverside Drive Aspen CO 81611 To Mayor Re The March Aspen 22 Ireland Councilmen Mick Club Steve Skadron Dwayne Romero Proposed Development 2010 000 square foot proposal before the Council to create a 188 expansion at the Aspen Club presents many negative issues The 1 The Derek Johnson Area Aspen be allowed in residential to this protection lodging The as a zoned for Plan Community areas This area specifically There was timeshare facility and states that timeshare units will not clear intent in the thinking that is zoned rural residential neighborhood will be heavily impacted by a development point It is NOT of this scope 2 Management plan does put forth many ways to mitigate the traffic Unfortunately none of them are enforceable When Dick Butera promised to mitigate traffic coming into the Club on Ute there was no enforcement Whether it is the fault of the turnover of government or the laxity by the Club the fact is that enforcement has not happened We have no reason The TDM Traffic Demand to think that enforcement will happen in the future The Club s claim that it will not increase traffic is not realistic A timeshare project of 40 units with lock offs has to increase daily car trips Not only will there be ups but also the guests who traffic delivery vehicles garbage pick come to stay there will want to go to town to restaurants and shops the ski areas and all the other sites the valley has to offer I suspect much of it will be in cars to Getting all the employees which would obviously increase to magically get the club by shuttle is wishful thinking and again hardly enforceable more truck 3 only owns 35 of this project His investors obviously would like to see some profit He may just like Butera turn around and sell the Club once he receives approvals for development Why does he have the right to cause such a huge change for our residential neighborhood developer The main Michael Fox public facility So is this expansion really a the neighbors of the Club are also the public and public benefit We this is approved it will cause the loss of the quiet residential quality of our This is still a private club neighborhood 4 It is not the business zoning if and Ute Avenue forever responsibility by allowing residential not a area City to guarantee that the Aspen Club stays in develop a large commercial lodging venture in our of the them to Therefore we respectfully request that you uphold and vote NO Linda and Gary Nathanson 1271 Ute Avenue the current To Mayor Mick Ireland and Councilmen Steve Skadron Dwayne Romero and Derick Johnson Re Aspen DT March Club 22 development application 2010 Council should direct a question to the developer Why t you don improve your energy efficient now efficiency actions can be done currently So is If these can be it a applied under distracting development bribe that is many or most of them being offered The issue importantly the issue before Council is not about energy efficiency is not in the is one of land use Allowing improper land use however energy efficient story building on Main Street efficient 30 public interest One can build a very energy but that is neither proper nor desired land use however green But more Council needs to focus not proper land use Jim DeFrancia 17 Ute Place Aspen CO 81611 on the core issue land for that sector of the City use nor And the proposed development is it in accord with the AACP is com mac From Kent Reed irkentCa Date March To 42 AM MDT 49 24 2010 10 us co aspen ci usSteve SkadronC co aspen ci Dwayne RomeroCc us co aspen ci JohnsonCa Derek ci a Torre us co aspen Mick us co aspen ci lrelandCc Subject Aspen Club Extension Dear Council Member I want to voice my concern about the proposed expansion of the ASPEN CLUB We are already the downtown core with a number of projects experiencing urban sprawl and density in Please now it seems this out proportion proliferation is spreading to the suburbs of and halted vote no on this issue Kent Reed amac Irkent com