Ordinance #2, 2010 - Aspen Club Final SPA/PUD 2
Transcription
Ordinance #2, 2010 - Aspen Club Final SPA/PUD 2
I Nieciiartc ystpEt Dian auren lest S Cnocapfuai Energy Section 2 Conceptual System Description Whole site systems GSHP loop field under patios and the parking provide peak cooling and approximately 40 of peak for the entire site The heating loop field will consist of approximately 150 boreholes 200 ft deep and 15 ft apazt A campus wide digital controls systems will allow advanced energy savings strategies remote access and monitoring and energy use analysis The systems will also provide data for energy use feedback to tenants Aspen Club building airGSHPs will provide space heating and cooling to water and water to Water pool heating and domestic hot water DHW A high efficiency condensing modulating boiler array will provide an auxilliary Source Heat Pump AGround kof 100 structure will heat source for peak heating events lazger using hot water coils will cooling replace all of the existing air building existing One or air handlers two media for the for heating and evaporative handlers in the main azea of The lower level spa and massage rooms wII be retrofitted with radiant hydronic ceiling panels for heating and Energy Recovery Ventilators ERVs for ventilation floor radiant tubing New residential units in the Aspen Club building will have in units connected GSHP and fan coil units for cooling Water water to for heating heating and cooling metering Individual GSHPs for each unit will allow for energy use sub Solar thermal collectors were not included in this round of modeling but could to the central provide Affordable The loop field will provide hot and cold water for heat for DHW requirements and offset housing new pool energy use units affordable housing water GSHPs attached unit will allow to floor radiant units will have in tubing and water to the central loop field for heating Individual GSHPs per of the living units No cooling will be provided for metering sub these units Town homes in radiant tubing for heating and fan coil units New town homes will have floor for water GSHP units connected o the central loop Field will to Water cooling provide hot and for energy use cold water for heating and cooling Individual GSHPs will allow metering sub Page 2 IUYJ n0nir EiyBtwrtiS ifFan SCn SI k i a FtU ry e t 4 Ei n idler i Section 3 Historical Energy Use Breakdown Existing Site Energy Use 600 Million Btu 18 yr Snowm h 3 Tennis bubble heating h 7 Pool fiesta god bills from January The average annual energy consumption of the site based on utility to 600 million Btu yr We used several methods and strategies 2006 to July 2008 is 18 split into the following areas and 10 model an hourly analysis cooling We created an Energy Space heating based on building envelope occupancy and observed w Aspen weather data total energy HVAC consumption operation to Lighting and plug estimate annual usage loads We used site observations to estimate sfinstalled and watts plug loads at sfinstalled These 6 watts 1 lighting at peak loads 5 I were occupancy patterns 10 Energy and laundry We DHW Most of the heated water used on site is used for showers in facility use trends calculated annual DHW energy use from overall water use use water temperature and occupancy and estimated end created an We Pool heating 0model based on the existing pool Energy handler is not currently operational to approximate yearly use The air envelope and spa boilers and was not modeled All heating energy is provided by the pool Tennis bubble We created anEnergy 10 model to approximate yearly energy 7 value of 1 used the approximate dimensions of the bubble an R use The model Fand the observed nameplate input for the material a temperature set point of 50 handler dedicated air 80 efficiency of the bubble s and model based scheduled in the on output snowmelt based on Aspen Pitkin Snowmelt We modeled yearly energy use for boiler of the snowmelt used the rating nameplate Energy Code calculations We snowmelt s h btu f use 125 energy and assumed 821 hours per yeaz of runtime area was modeled at approximately 2500 sf Page 3 7 El Ci3iCA IE R rir i6 eray I t s i L Et1 i5n r i u E7 EUb t 3 Section 4 Plan Reductions to energy azeas using in the existing use a combination Space heating will come from several different Aspen Club of different methods cooling Exfsting The breakdown of the existing energy bills shows an average 450 million energy use of 7 yr of natural gas and 797 Btu million Btu yr of electricity to heat and cool the existing building This represents 45 of the total use Using the heating Club Space Heating 20000 lsooo m toooo o sooo system described in Section 3 n our analysis shows a 68 o Total site Reduced use Existing use required Energy in for space heating resulting 625 million B 5 yr or 30 u savings in total energy use for the existing building Cooling energy will increase slightly to meet cooling demands of the existing club The increase is extremely small due to the use of primarily evaporative cooling reduction in the energy Lighting and plug loads Energy use by lights and Extsttng zti 523 million equipment totals 3 yror about Btulyr 033 MWh 19 of total This can yeazly energy be reduced the renovation using wattage lighting and as lsooo part of m an s All energy F 3 Savings uses Lightlng a plugs are not sooo jI in lighting additional 4savings in 13 x a a 523 3 810 2 o Total site and plug loads in the existing building results in 713 million yr or Btu plug Loaas 1nOn0 control A 20 reduction in ana o strafe gies that turn off ig tits and use Llgbttng use lower equipment when they club zooao Existing Use Reduced Use Energy overall energy use Page 4 Perhanicrt 5yaeeni E P Snn tec rt utuu @rCljr UE1 el Cnn W DFI Existing Th e energy spen t heat tng water for domestic use represents 70 million Btu 3 yr about or Ciub Domestic Hot Weter zoooo tsooo 18 of the total site energy The of his is for laundry Using GSHPs we reduce energy use by 50 majority and showers can which results in a savings m roooo o f of sooo 670 million btus 1 yr or 9of he overall thermal Boer panels gy use modeled but could additional energy round yeaz Pool The o Solaz total were not site Existing Use Reduced use Energy provide savings This technology would be especially appropriate given the nature of D1IW energy use in the club heating and ventilation development plan includes Existing Club Pool Heating zoooo major renovation to the pool facility A new building a envelope tsooo and air handling system will greatly increase roooo indoor air quality and thermal eo comfort in the space but will result in a small increase in pool f energy were use no Solaz thermal sooo panels modeled but could Total Slte iOnal energy pTOVlde add savings Tennis bubble Discarding and its heating system as planned represents a 7 savings The bubble is a fairly simple structure with a stralghtforwazd heating system and is easily modeled Our model predicts an average use of 1 224 million yr of natural Btu Use Incresed Use Existing club Tennis Bubble the tennis bubble energy Exlsting Energy gas and 103 zoooo NI energy trooo r3 a roooo o i i Savings Tennts bubme t i z sooo uses s 1 I 3n t 3v t E T sue Exlsting Use deduced use Btu of electricity for yr Ene r9v fans and lighting This is based on the optimistic 80 nameplate efficiency of the existing heating system continuous conditioning to 50 F and a generous R 7 insulation value for the skin of the bubble million Page 5 S t3n Pgpmn Cix i tl tuat13r ncet y7S hanicaE yVate Existing Snowmelt The proposed area Club Snowmelt zoooo for snowmelt is 550 greater than the existing azea increasing the a energy used We estimated the increased use with calculations based on Energy tsooo toooo the Aspen Pitkin Code and historic f sgoo snowfall data for the Aspen area o Total Site osting Use E Inveased Use Energy Energy Savings Plan Summary and The above savings measures in addition to increased energy use for pool heating historic or 34 over recent 370 million Btu yr snowmelt yield a total energy savings of 6 the new o supply development as planned energy use This represents enough energy allow for vaziability and well as a cushion to absorb small changes in construction design in energy use patterns ofclub guests and residential tenants Projected Site Energy Use yr 600 Million Btu 18 pace heating cooling 14 Lighting Plugs 15 0 Pool Heating 10 Page 6 A ar Jy ttr rc U t7i pfit ty I li Section 5 Final 4 s I nie c2r C F 14Ys Development Energy Use New Energy Use 600 Million Btu 18 yror less Affordable housing 2 Townhomes 8 Club residentl units 3 The energy use of the affordable housing town homes and club residential units shown in the graph above are based on Energy 0 models developed from planned construction was modeled as outlined in Section 2 The town homes as modeled design System design will require 39 kBtu yrand the affordable sf yr Tha club units will require 37 kBtu sf yrThese numbers will vary somewhat based on sf housing units will require 34 kBtu final construction details lighting design and occupant use patterns Conclusion 000 square feet of residential space while goal of adding 73 achievable We believe these results are less annual site is using the energy conservative Detailed calculations and modeling results aze available for review upon Our analysis shows that the same or cushion request The 21 overall savings shown above represents the differences between planned energy use and the actual future energy to absorb use of the site Page 7 EXHIBIT A Chapter 26 440 SPECIALLY PLANNED AREA SPA AStandards for Designation Any land in the City may be designated Specially 030 440 26 Planned Area SPA by the City Council if because of its unique historic natural physical or land to be allowed locational characteristics it would be of great public benefit to the City for that and as a multiple use development developed comprehensively design flexibility and to be planned shall also be designated on the City s A parcel of land designated Specially Planned Area SPA Official Zone District Map with the underlying zone district designation which is determined the as a guide but not an most appropriate The underlying zone district designation shall be used absolute limitation to the uses and development which may be considered during the development Sec review process lFindin Sta In order for an designation to be approved this is the City Council after hearing SPA must be met That Standards for a Designation requirement Planning and unique historic natural physical recommendation from the s Zoning Commission must determine that because of the site benefit to the City for that land to be or locational characteristics it would be of Great public use allowed design flexibility and to be planned and developed comprehensively as a multiple Staff believes that the SPA development designation would create a public benefit It will a housing to be developed on the parcel which is not currently some of its the Club to house permitted use in the underlying zone district This will enable on the transportation system employees that currently commute into Aspen reducing impacts the Club which and the entrance to Aspen Further the timeshare development will provide for allow family multi affordable to Club to applicant has committed to reinvest in the Club building thereby enabling the Club and adding s non profits upgrade continue to provide a home for many of the Valley to the public Staff finds this criterion to be new specialized programming to be made available the met 050 Review standards for development in a Specially Planned Area SPA 440 Sec 26 and a A General In the review of a development application for a conceptual development plan consider Council shall final plan the Planning and Zoning Commission and City the development following 1 Whether proposed development is compatible with development in the immediate vicinity of the parcel in terms bulk architecture landscaping and open space the or enhances of land use the mix of density height Staff Finding family free market residential quite mixed with commercial single profit uses all on the adjacent properties Along Ute family affordable housing and non multi as well as a variety of residential uses Avenue there are short term accommodations The Gant Both single Family residential are located across the river family residential and multi The uses in the In terms of area are architecture intended to convey a the applicant proposed mass scale and materials are representative of the different buildings and uses in has stated that the residential scale that is Exhibit A SPA Review Criteria Page I of 8 s use The applicant has done this by making the the area while also being true to the Club material palate of townhome units residential in chazacter a mix of pitched and flat roofs a the modulation typical of residential azea stone and wood that is similar to residential uses in the existing blank facade of the club to be more articulated and and townhomes changing The applicant friendly pedestrian changes to the site plan during conceptual visual connection with the river approval in an attempt to open the site up and create a greater the siting of the moving one unit from the lower bench to the upper bench reconfiguring area between the units moving the Club entrance to an area that overlooks proposed open townhome units The applicant has proposed a made a water feature number of as part of the landscaping plan This water feature is from the lower bench to the upper bench There are units to the Club and the pazking areas paths that run through the site to connect the timeshare the path cun ently exists on In addition the applicant is providing a permanent trail easement for The applicant worked site and connects the river area to the Club building and parking area a way to provide adequate fire with planning staff and the fire department to come up with in areas The solution is the installation of grass pavers access without creating additional paved located in the middle of the site and portions of the upper bench Staff continues to have runs area related to the scale and concerns mass of the townhouse units on the Staff and believes there is too much massing proposed on the site clearer connection to the believes the elimination or relocation of units 5 and 6 would create a in the proposed massing area and would provide a needed break lower bench of the site riparian for the and open space staff finds that additional refinement is needed rural fringe and as such the area has a more landscape plan The site is located near the urban relocation of units 5 and 6 on the lower rural feel than other areas of town The elimination or The current bench will help create the open space staff finds is needed in this proposal the site s formal Given deal of paving and seems rather includes a In terms of landscaping great landscape plan context staff believes less formal landscaping and less paving is needed with the of uses variety proposed use mix will fit in with and is consistent believes Avenue Staff of Ute the immediately adjacent parcels and the overall context will be a good addition to the existing Club services proposed health and wellness program to the community in general Staff finds that the Overall staff finds this criterion 2 Whether sufficient public on the and to not be met facilities and roads exist to service the proposed development Staff Finding The traffic public facilities and roads exist to serve the proposed development indicates that the proposed development will not engineering report provided in the application the on Ute Avenue or at the intersections between significantly alter the current service levels The applicant has worked with city staff to create a set of Aspen Club and Cooper Avenue Sufficient Transportation Demand Management TDM tools that will help control the number of trips on Exhibit A SPA Review Criteria Page 2 of 8 Ute Avenue as a result of this development applicant The has also committed to not increase the applicant has also committed to a trail connection and paying for street improvements to Ute Avenue including speed tables sac Further the Applicant has agreed to upgrade the existing water de paving part of the cul amount of traffic on Ute Ave service line and to relocate as a a result of this sewer project The line to accommodate the proposed units Staff finds this criterion to be met 3 parcel proposed for development is generally suitable for development of mudflow rock falls considering the slope ground instability and the possibility avalanche dangers and flood hazards Whether the Staff Finding has located all Applicant The No other natural hazards floodplain avalanche study agreed or a are outside the 1 to 3 year mapped 100 an conducted applicant Fork River s Roaring believed to affect the lot The which found the affordable part of the final application According to the study blue as the blue zone 100 years development probability annually to have the mudflow risk evaluated by zone The the housing units are in of 30 to avalanches period have and Department applicant Engineering Staff finds this Colorado Geologic Survey have a return criterion to be met at this time 4 preserve land proposed development creatively employs Whether the significant view planes planning techniques avoid adverse environmental and similar amenities for the open space trails users of the impacts project and the to provide and public at large Staff Finding The proposal replaces existing tennis courts with lodging units adds lodging units to the of the site existing While there portion are no protected important to retain the perception made of the riparian corridor throughout the site During Conceptual Review the Applicant the did move The applicant changes to the architecture and site plan to address Staffs concern building view club entrance to these housing units vicinity planes and adds affordable ensure go far changes in the enough believes the elimination riparian area more views to the river or to ensure the to utilized anunder Staff believes it is were maximized riparian area However Staff does not believe is made relocation of units 5 and 6 will help prominent in the open the site plan design Staff and make the prominent will be the river This path existing path that crosses the Aspen Club property near on maintained in the proposal Additionally the applicant has committed to installing a sidewalk The applicant their property along Ute Avenue to help complete a needed pedestrian connection for the use and is also formally dedicating the trail running From the river to the parking area There is an benefit of the public there is adequate provided information from SGM Engineering stating and is working with drainage on site The Engineering Department has reviewed the application the applicant to ensure there is adequate documentation provided for the proposed drainage The applicant has Exhibit A SPA Review Criteria Page 3 of 8 Overall 5 Staff finds this criterion is not met the Whether development proposed Comprehensive is in some concerns a with the Aspen Area Plan Staff Finding Staff believes that compliance number of the to other relating goals in the Aspen Community Plan are The Application meets Area aspects of the AACP housing economic Sustainability met but has a number of and arts and culture and has related to affordable The Applicant made changes since Conceptual Review to meet goals related to transportation closer to meeting the project has also made changes to the site plan which Staff believes brings environment Overall design and open space the goals related to community character AACP goals Staff finds this review criterion to be met Housin The in Applicant helping the is 145 of the providing community required Affordable meet the Affordable Housing Housing housing environment that is the adjacent Club important scaled and distributed throughout existing and new market commercial This development proposal mixes free The affordable housing is scaled to relate to pg 25 with affordable building and other housing surrounding buildings economic and social that Our housing policy should bolster our of community by integrating diversity reinforce variety and enhance our sense balance includes all income housing into the fabric of our town A healthy social This section also states types of people Each step appropriately neighborhoods Intent lodging an Housing goals housing section of the AACP states the intent of affordable and free market which is The outlined in the AACP affordable create an is to project affordable ranges and should endeavor to further that mix and to avoid segregation of would provide 12 pg 25 This proposal economic and social classes by project Philosophy Club Employees A mix of category 2 3 and 4 new affordable housing rental units for Aspen levels which will ensure the housing is accessible to a wide range of income units are proposed Growth of managing growth as foster The AACP Managing Growth Chapter lists one of the main goals transit balanced community through integrated design that promotes economic diversity a well different backgrounds Goal and pedestrian friendly lifestyles and the mixing of people from Club use as well as the a mix of backgrounds through the E pg 19 The proposal will promote on site Additionally a detailed affordable housing residents and lodge visitors that will be access to the site and the use of plan is proposed that promotes pedestrian Managing transportation alternative modes of transportation Economic Sustainability local ownership of Sustainability section of the AACP recognizes that the s unusual character tends to return more money to business helps maintain our community of people and that local economy and provides additional opportunities for upward mobility well as as owned externally the community and its governments should support local ownership Club involved Philosophy pg 31 The Aspen businesses that are locally serving and locally Further the Economic Exhibit A SPA Review Criteria Page 4 of 8 is owned by a variety of locals and locals non but it is a locally operated business the stated for residents and is to provide opportunity 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 is a good one and will go a long way towazd furthering the goals outlined Aspen goal proposal of this visitors and to a new health and wellness use application Area Community Plan The Economic efficiency section also Sustainability environmental states that it is and responsibility cultural and important to encourage community sensitivity resource in local The applicant used the new LEED for organizations and in construction Policies pg 32 that development be done Neighborhood standards in developing the proposal This requires to using environmentally friendly techniques To that end the applicant is investigating ways minimize construction efficient materials alternative renewable impacts utilizing The applicant has committed to no net new and various energy energy use as a result of this energies project Arts Culture Education The AACP states that arts culture and education are acknowledged as essential to s Aspen and its Future as a unique place to thriving year round economy its vibrant international profile Club currently works to promote the live work and learn Philosophy Pg 45 The Aspen profits through by supporting local non educational and wellness space and financial support and by facilitating Club members and community members at large The applicant has pledged to Culture and provision of office Arts Education of the programs for continue this commitment if the Parks Open Space Aspen application is Area approved Environment Envirorunent 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 on the site and bringing the riparian area move in the direction of enhancing the riparian area of the area into the site however staff believes the current mass detracts from the natural beauty the meet this section development The removal or relocation of units 5 and 6 would further help The Parks Open Space of the AACP Developments should be in accordance with the Wildlife and Open Space and the Environment map to protect sensitive The development is habitat azeas e g riparian corridor and Elk habitat Policies pg 35 worked with the Parks respecting the required stream mazgin setback and the applicant has the ripazian area Department to ensure that construction methods will not negatively impact This section also states that All Biodiversity map and the Pazks Design Ouality Design Quality section eclectic mix of design styles The of the AACP asks that development special diversity tempered by context to maintain and enhance the The section also states that we favor retain and encourage character of our an community historical sometimes Exhibit A SPA Review Criteria Page 5 of 8 sometimes not as to opposed Context arbitrariness region then town joining a particular development refers first to finally the natural and man made features Decisions regarding scale massing form materials texture and color must site measured by context Contextual appropriateness transcends style alone Philosophy and neighborhood be first pg 42 wellness facility are good put forward in the Application for a health and in the direction of goals and that the site plan changes at Conceptual have moved the proposal combining this goal with the proposed architecture Further Staff finds that the changes help our community The Aspen Club ensure the development will enhance the special character of site is unique and this Application proposes a unique addition to the Club Staff believes the of uses the project does a changes to the site plan begin to reflect these opportunities In terms of uses In terms good job of relating to the immediate context which is comprised of a variety its mass on the site context of being given of massing staff is concerned that there is too much 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 Staff believes the ideas Transportation The AACP has new a number of goals and policies related to Transportation including mixed patterns that enable and should be structured on compact use bicycle and transportation for all types of trips Policies pg 22 growth a policy that support travel Additionally public by foot and the Transportation Chapter includes goals to maintain and improve the appeal of bicycling as and requiring sidewalks part by adding sidewalk connections replacing sidewalks walking of or and the carpool appeal of development approvals where appropriate Goal C pg 22 also vanpooling for a wide variety of trip types Goal D pg 22 The Transportation Chapter includes a policy to require all employment school social recreation or other activities that generate demand transportation travel for modes in to impacts through trips generated Policies pg 22 traffic mitigate proportion to support of alternative 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 has also committed to installing a new sidewalk carpooling biking and walking The applicant more viable The TDM plan includes a along Ute Avenue to make walking and biking safer and coordinated vans and commitment to continue use of the Cross Town Shuttle and the use of to use the Aspen other hotels but want shuttles for employees as well as visitors who stay at service at the airport is also proposed for the timeshare users Staff Club Coordinated The applicant pick believes that the TDM 6 Whether the funds to up plan meets the goals and proposed development provide public policies of the will facilities for the require parcel or AACP related to Transportation expenditure of excessive public surrounding neighborhood the the Staff Finding application states that all borne by the Applicant This The traffic study indicates addition the applicant transportation costs associated with public infrastructure improvements will be includes the that Ute Avenue has created for club users club can realignment of a Applicant new s proposal traffic generation In s sewer accommodate the line The comprehensive TDM plan to encourage alternative modes of timeshare owners employees affordable housing resident and a Exhibit A SPA Review Criteria Page 6 of 8 ensure a speed tables and humps for Ute Ave pedestrians The applicant has committed which includes safety plan A the road is safer for result of this The project applicant has hired consultants to assess has also been to proposed to growth in traffic existing water flows as zero the to indicates there adequate flows exist for fire safety and the preliminary report and Fire the Water Departments to confirm City adequate flows The applicant is working with are determine if this The drainage applicant exists working is also with the Engineering Department to ensure adequate the site on delivery traffic is anticipated as part of this project it was found after sac does not have adequate pavement to meet city de Conceptual approval that the existing cul sac pavement will be needed to de Some improvements to the existing cul standards The applicant is working with the Engineering Department to accommodate truck traffic determine to what extent the applicant is responsible for the improvements Staff finds this While no net truck new criterion to be met at this time 7 Whether slope slopes in excess of twenty percent 20 2 B 040 445 density requirements of Subsection 26 proposed development reduction and on meet the Staff Finding snorthern property The meet Ute Ave on the south reduction appropriate slope 232 215 but after calculations The approximately Roaring Fork River and then the property slopes up to There are slopes in excess of 20 and the Applicant has made the and density reductions The total square footage on the lot is lot line lies in the of land is available for floor area 047 square feet slope reduction 171 95 square feet proposed development equals approximately 000 or an area FAR of 55 Staff finds this criterion to be met 0 1 8 Whether there are sufficient GMQS allotments for the proposed development Finding Stat1 Growth Management requested the necessary Affordable Housing and Lodge on site so growth commercial amount of will decrease the space The Allotments proposal allotments are not allotments required The applicant needs 12 affordable housing management 112 lodge pillow and 124 lodge pillow allotments In a single growth management year there are The Applicant has allotments available in this Because the growth management year applicant needs 12 more pillow yeaz they have requested multi allotments then are available allotments Staff finds this criterion to be met permitted The final development plan shall comply from underlying zone district provided however that variations B Variations with the those requirements requirements of the may be allowed based on the standazds of this Section Variations may be allowed for the following maximum height minimum requirements open space minimum distance between buildings minimum lot area trash front yard minimum rear yard minimum side yard minimum lot width street parking spaces and uses and design access azea internal floor azea ratio number of off 0 for streets and related improvements Any variations allowed shall 4 standards of Chapter 26 be specified in the SPA agreement and shown on the final development plan Exhibit A SPA Review Criteria Page 7 of 8 StaffFinding There are are no requests to vary the dimensional requirements as part made under the PUD request Staff finds these criteria to not be of the SPA These requests applicable Exhibit A SPA Review Criteria Page 8 of 8 EXHIBIT B 445 PLANNED Chapter 26 UNIT DEVELOPMENT conceptual final consolidated and minor PUD conceptual final consolidated conceptual and final Sec 445 26Review Criteria 050 A development application for or minor Due to the limited issues comply with the following standards and requirements certain conceptual reviews and properties eligible for minor PUD review show the shall an to rest upon standards shall not be applied as noted The burden Applicant reasonableness of the development application and its conformity to the standards and PUD shall associated with procedures of this A General requirements 1 Chapter The proposed and this Title development shall be consistent with the Aspen Area Community Plan Staff Finding Staff believes that some concerns AACP goals a number of the relating to other related to affordable goals in the Aspen Area Community Plan aspects of the AACP The Application housing economic sustainability and arts are meets met but has number of a and culture and has Conceptual Review to meet goals related to transportation The Applicant also made changes to the site plan which Staff believes brings the project closer to meeting environment Overall design and open space goals related to community character made has the changes since Staff finds this review criterion to be met Housing The Applicant is providing helping the community 145 of the required Affordable Housing which is an important step The Housing goals affordable housing is to create an affordable Housing section of the AACP states the intent of and new housing environment that is appropriately scaled and distributed throughout existing market commercial free neighborhoods Intent pg 25 This development proposal mixes market lodging with affordable housing The affordable housing is scaled to relate to and free the adjacent Club building and other surrounding buildings in meet the Affordable This section also states that Our housing policy outlined should bolster our in the AACP economic and social affordable diversity reinforce variety and enhance our sense of community by integrating and housing into the fabric of our town A healthy social balance includes all income ranges avoid further that mix and to segregation of types of people Each project should endeavor to economic and social classes by project Philosophy pg 25 This proposal would provide 12 Club Employees A mix of category 2 3 and 4 new affordable housing rental units for Aspen 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 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 the Club use as well as the E pg 19 The proposal will promote a mix of backgrounds through The AACP Managing Growth Exhibit B PUD Review Criteria Page I of I S a detailed housing residents and lodge visitors that will be on site Additionally the site and the use of transportation plan is proposed that promotes pedestrian access to affordable alternative modes of transportation Economic Sustainability Sustainability section of the AACP recognizes that local ownership of business helps maintain our community s unusual character tends to return more money to the local economy and provides additional opportunities for upward mobility of people and that owned the community and its governments should support local ownership as well as externally The Aspen Club and businesses that are locally Philosophy pg 31 serving involved locally is business The stated but it a is owned by a vaziety of locals and non locals locally operated Further goal the Economic proposal of this is to provide a new health and wellness opportunity for residents and the money raised through the timeshare sales to subsidize programs for locals The Club currently provides services and events that aze designed for locals including the Tuesdays with Michael program that highlights a local non profit and their activities every week in the summer as well as periodic health lectures Staff believes that the concept of this visitors and to use application is a good one Area Community Plan The Economic efficiency and will go Sustainability environmental a way toward long furthering section also states that it is responsibility and cultural and the important goals outlined encourage community sensitivity to used the Aspen resource in local LEED for organizations and in construction Policies pg 32 The applicant This requires that development be done Neighborhood standards in developing the proposal the applicant is investigating ways to using environmentally friendly techniques To that end 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 new project Arts Culture Education acknowledged as essential to Aspen s profile and its future as a unique place to the live work and learn Philosophy Pg 45 The Aspen Club currently works to promote profits through Arts Culture and Education of the Aspen Area by supporting local non and wellness and educational and financial by facilitating support provision of office space The has members at large pledged to applicant programs for Club members and community The AACP states that arts culture and education thriving yeaz round economy its vibrant international continue this commitment if the application is aze approved Parks Open Environment Space Environment section of the AACP discusses the need to preserve The 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 area on the site and bringing the riparian area move in the direction of enhancing the riparian into the site however staff believes the current mass detracts from the natural beauty of the area The removal or relocation of units 5 and 6 would further help the development meet this section of the AACP Exhibit B PUD Review Criteria Page 2 of 18 Developments should be in accordance with the Wildlife and Biodiversity map and the Parks Open Space and the Environment map to protect sensitive habitat azeas e g riparian corridor and Elk habitat Policies pg 35 The development is worked with the Parks respecting the required stream margin setback and the applicant has the riparian area Department to ensure that construction methods will not negatively impact This section also states that All Design The Quality Design Quality eclectic mix of section of the AACP asks that design styles retain and encourage an character of our community development to maintain and enhance the special 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 Decisions regarding scale massing form materials texture and color must be first site measured by context Contextual appropriateness transcends style alone Philosophy pg 42 Staff believes the ideas put forward in the Application for a health and wellness facility aze good in the direction of goals and that the site plan changes at Conceptual have moved the proposal the changes help Staff finds that combining this goal with the proposed architecture Further character of our community The Aspen Club will enhance the ensure the development special the unique and this Application proposes a unique addition to the Club Staff believes of uses the project does a changes to the site plan begin to reflect these opportunities 1n terms which is comprised of a variety of uses In terms good job of relating to the immediate context of being of massing staff is concerned that there is too much mass on the site given its context The elimination or relocation of units 5 and 6 would help better meet on the urban rural fringe the Design Quality section of the AACP site is Transportation Transportation including a policy that use patterns that enable and support travel new growth should be structured on compact mixed all types of trips Policies pg 22 Additionally by foot bicycle and public transportation for of bicycling and the Transportation Chapter includes goals to maintain and improve the appeal sidewalks as part by adding sidewalk connections replacing sidewalks and requiring walking and the appeal of carpool or of development approvals where appropriate Goal C pg 22 also vanpooling for a wide variety of trip types Goal D pg 22 The Transportation Chapter that includes a policy to require all employment school social recreation or other activities altemative traffic impacts through support of generate demand for travel to mitigate transportation modes in proportion to trips generated Policies pg 22 The AACP has The applicant a number of goals has worked with and city policies related to Transportation Demand Management of transportation including carsharing vanpools staff to create a set of TDM tools that focus on alternative forms carpooling biking and walking The applicant has also along Ute Avenue to make walking and biking safer and commitment to continue shuttles for committed to more installing viable The TDM a new plan sidewalk includes a of the Cross Town Shuttle and the use of coordinated vans and well as visitors who stay at other hotels but want to use the Aspen use employees as Club Coordinated pick up service at the airport is also proposed for the timeshare users Staff believes that the TDM plan meets the goals and policies of the AACP related to Transportation Exhibit P B UD Review Criteria Page 3 of 18 2 shall be consistent with the character The in proposed development the surrounding area of existing and uses Staff Finding proposed development The consists of and a lodging which include include 3 a and of single family variety The uses is consistent with the chazacter of the proposed number of affordable non and profit family homes multi affordable commercial uses The proposed development surrounding area housing as is consistent with housing projects neighborhood commercial non profit the adjacent properties The area well as Additionally adjacent parcels also Staff finds this criterion to be met shall not adversely affect the future development of the Staff Finding Staff believes that this Most of the The will not affect the future adversely build out so there is not Staff finds this criterion to be met is at area opportunities 4 development or near proposed development GMQS GMQS or has either been allotments and will be considered prior are to a great development deal of future granted GMQS allotments available to accommodate the or in combination with final is of the area development exempt from proposed development development plan PUD review Staff Finding The has Applicant Allotments The requested the needed Affordable Housing and Lodge Growth Management commercial proposal will decrease the amount of commercial space on site so allotments are not required The applicant needs 12 affordable housing growth management single growth management year there are 112 than lodge pillow allotments available Because the applicant needs 12 more pillow allotments Staff year allotments are available in this growth management year they have requested multi allotments and 124 lodge pillow allotments In a finds this criterion to be met B Establishment of Dimensional Requirements requirements for all 040 above The 445 26 within the PUD as described in General Provisions dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD During review of the proposed dimensional requirements compatibility with surrounding land uses and existing development PUD The final properties development plans shall establish the dimensional Section patterns shall be emphasized Staff Finding The PUD The development plans proposed into 5 new The requirements requirements are based on the proposed dimensional requirements are listed below dimensional lots establish dimensional for all properties subdivision of the When listing Exhibit B in a PUD exiting lot the dimensional PUD Review Criteria Page 4 of 18 requirements yard setbacks aze the south side of the lots all the reaz yard setbacks lots and all the side yard setbacks are the east and west sides of the lots the north side of the on aze all front Underlying RR Dimensional proposed Dimensional Requirements Requirements fathering parcel Dimensional based for subdivided lots on Requirement Size 661 124 sq ft 941 acres Total Lot Area 4 ft or 215 232 sq Lot 2 N A 10 812 sq ft Lot 4 26 110 sq ft Lot 3 Lot 5 Lot Area after Reduction 355 sq ft 9 Slope 047 sq 171 0 2 acres fr Family Multi Minimum Lot Area per Dimensional Re uirements Lot 1 Minimum Lot Zone District A N A N A N Lodge dwelling unit A N Lot l 277 Feet Minimum Lot Width A Lot 2 N Lot 3 200 Feet 352 Feet 135 Feet Lot 4 266 Feet Lot 5 95 Feet Lot 1 Minimum Front Yard Setback 30 feet above grade 5 feet below grade 5 Feet for Affordable 7 Lot 2 N A Lot 3 Housing 10 feet 30 Feet iJnits Lot 4 0 feet 5 feet Lot 5 7 Lot 1 Minimum Side 0 feet above and below grade 5 Feet Lot 2 N A 10 feet Yazd Setback Lot 3 East Side Lot 4 20 feet on east side for Affordable Housing Units 20 Feet Lot 5 5 feet Lot 1 60 feet above 20 feet above grade Minimum Side stair 5 feet below Yazd Setback Lot 2 N A West Side Lot 3 grade for for garage building access 5 Feet grade on west side for subgrade 20 Feet 100 Feet 20 Feet garage 20 feet for timeshare Unit 1 20 feet Lot 4 5 feet Lot 5 0 feet Lot 1 100 feet 15 feet from Top of Slope Minimum Rear A Lot 2 N Yard Setback Lot 3 10 feet Lot 4 10 feet Lot 5 0 feet Maximum Height 4 Lots 3 Roofs Units 1 7 14 Affordable Townhouse Units Pitched 28 feet Housing Unit 11 Northwest Corner 32 Exhibit B 28 Feet PUD Review Criteria Page 5 of 18 Underlying RR Dimensional Proposed Dimensional Requirements Dimensional based for subdivided lots Requirement 5 8 13 28 feet Units 2 feet 28 Lot 2 Affordable Housing Units Lot 5 28 feet with the following exceptions Unit 11 Northwest Corner 32 feet Flat Roofs Unit 12 Northwest Corner 41 feet 25 feet Unit 12 Southwest Corner 31 Minimum S Building Lot 1 Club Aspen en Requirements fathering parcel Dimensional Re uirements Club Units O on Zone District feet Affordable Housing Unit 12 Northwest Corner 41 feet Affordable Housing 12 Southwest Unit Corner 25 feet 31 28 feet A N A N A N ace Total FAR 1 55 Total Total FAR 1 55 94 sq ft 750 family affordable housing units Multi Total Allowable 12 390 sq fr Floor Area Lodge 410 34 50 490 sq fr townhouse Units 080 sq fr sq fr Club Units 16 Commercial 870 sq Club 31 ft 94 sq fr 750 family affordable Multi 390 sq fr housing units 12 490 sq ft Lodge 50 Townhouse Units 34 410 080 sq sq fr Club Units 16 fr Commercial Club 31 870 family Sin g le Same zone as 15 R district family Multi A N A N Lodge A Commercial N sq fr 132 spaces total Lodge 20 spaces 132 spaces total Lodge 20 spaces Minimum Off Street Parking 95 spaces 60 Lot 1 35 spaces on Lots 14A Aspen Club and spaces on Lodge 5 spaces per key 20 spaces Club and Spa 1 Spa 14W AH units 17 spaces Aspen Club and Spa 95 spaces 60 spaces on Lot 35 spaces on Lots 14A 1 space per 1000 sq ft of net leasable 43 14W spaces AH units 17 spaces AH units 1 space per unit 12 spaces 1 requirements for the subject property are appropriate compatible with the following influences on the property a The character of and compatibility with existing and expected future land in the surrounding area The proposed dimensional and uses Staff Finding family free market quite mixed with commercial single profit uses all on the adjacent multi affordable housing and non residential family accommodations as well as a properties Along Ute Avenue there are short term The uses in the area are Exhibit B PUD Review Criteria Page 6 of 18 vaziety of residential uses adjacent pazcels as well as the proposal is consistent The proposed the overall use uses are consistent with the context of Ute Ave use mix on the height of Overall the exceptions are to underlying zoning 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 ftt in the context of the lower than the The three with the development and neighborhood surrounding ground elevations because the ground elevation is much Staff finds this criterion to be met b Natural or man made hazards Staff Finding s mapped Applicant has located all development outside the Roaring Fork River the lot The yeaz floodplain No other natural hazards are believed to affect 100 final application which found applicant conducted an avalanche study as part of the 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 The annually The applicant mudflow risk evaluated by agreed to have the and have the Staff finds this criterion Engineering Department Colorado Geologic Survey to be met at this time c Existing natural characteristics of the property and surrounding area such and landforms steep slopes waterways shade and significant vegetation as Staff Finding been development proposed is within areas of the site that have already maintained through the fifteen impacted by development The riparian area is being of the Land Use 15 Foot top of slope setback required by the Stream Margin portion Code No development including excavation is permitted in this setback area The relocation of the existing applicant has worked with the Parks Department on the across the river to the walkway that connects the Aspen Club Trail and the parking Most of the club Staff finds this criterion to be met d made characteristics of the property and the Existing and proposed man surrounding area such as noise traffic transit pedestrian circulation parking and historical resources Staff Finding impacts on Ute and Ave as a result of this development These tools include the use of carpooling in incentives for employees to use alternative modes of transportation participation the CarShare program the availability of bikes for use by affordable housing The proposed residents and TDM tools will assist in timeshare users and lowering the coordinated expected shuttle traffic service Exhibit B for visitors PUD Review Criteria Page 7 of 18 Additionally the applicant is installing a sidewalk along Ute Ave to create a more in pedestrian friendly environment The applicant has also committed to zero growth traffic as a result of this project Staff finds this criterion to be met The proposed dimensional 2 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 site Staff recommends the Applicant look at ways No open space is currently proposed on units to help create to consolidate the paths that are used to access the individual timeshare more for open space Further Staff believes the elimination of units 5 and 6 opportunities will help and will create better massing created needed visual relief from the quality open space Staff finds this criterion is not met 3 The appropriate following a b c d number of off street parking based spaces shall be established on the considerations number The probable including any varying proposed The of cars used residential and non time periods of use by those using the proposed development uses whenever joint use of common parking is availability of public transit and other transportation facilities including or the commitment to utilize automobile those for pedestrian access and disincentive techniques in the proposed development The of the proposed development activity centers in the city The proximity to the commercial core and genera Staff Finding 20 for the timeshare units proposal includes 132 parking spaces divided as follows units code requires 12 spaces and code required amount 17 for the affordable housing e for guest parking or short term use i an additional 5 spaces that are being provided for The for grocery drop off and 95 spaces for the club this is 4 more spaces than was approved sub by City Council in 1996 The applicant examined locating more parking in the in is located The table water grade garage to help reduce the amount of surface parking such a way that additional subgrade parking cannot be accommodated on this site The 20 timeshare and 12 of the affordable housing spaces will be located in the subgrade Club will continue to use Lots 14A and 14W located across garage Employees of the 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 modes in an effort to reduce the project s dependence on the car alternative transportation Exhibit B PUD Review Criteria Page 8 of 18 and need for parking parking No is Ute Ave permitted along Staff finds these criteria to be met 4 density within a PUD may be reduced if there exists insufficient infrastructure capabilities Specifically the maximum density of a PUD 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 maximum allowable The Staff Finding s expense Adequate public facilities exist and will be upgraded at the owner new traffic study indicates includes the realignment of a sewer line The Applicant s Ute Avenue can accommodate the proposal s traffic generation In addition applicant has transportation created a comprehensive This that the TDM plan to encourage alternative modes of affordable housing resident and timeshare for club users club employees Ave has also A safety plan which includes speed tables and humps for Ute committed to to ensure the road is safer for pedestrians The applicant has owners proposed hired consultants to growth in traffic as a result of this project The applicant has exist for fire safety and the assess the existing water flows to determine if adequate flows with the is preliminary report indicates there are adequate flows The applicant working been zero Departments to confirm this The applicant is also working with the Staff finds this exists on the site Engineering Department to ensure adequate drainage City Water and Fire criterion to be met at this time 5 The maximum allowable hazards may or critical natural site features be reduced a b d PUD may be reduced if there exists natural a PUD Specifically the maximum density of a if for the proposed development because of ground instability or the possibility of mudflow rock falls or avalanche dangers The effects of the proposed development are detrimental to the natural The and is not suitable watershed c density within due to runoff drainage soil erosion and consequent water pollution the The proposed development will have a pernicious effect on air quality in surrounding area and the City the The design and location of any proposed structure road driveway or trail in or causes with the terrain harmful proposed development is not compatible the site natural disturbance to critical features of Staff Finding Staff does not find any significant natural hazards on the site that would necessitate a located in areas of the density reduction For the most part the proposed development is information on the Based provided in the site that currently contain development will involve a Staff does not believe the impact on the application s natural watershed site fhe proposal applicant is working with pernicious engineering to ensure drainage Exhibit B PUD Review Criteria Page 9 of 18 into the watershed and Roaring Fork River is properly treated Staff finds this criterion to be met at this time 6 PUD may be increased if there exists a goal to be achieved through such increase and the development s with its surrounding development patterns and with the site The maximum allowable significant community pattern is compatible within density a physical constraints a b 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 The site s physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site as identified fn The increase in Subparagraphs characteristics 4 and 5 those above can areas be avoided those or mitigated density results in a development pattern compatible and complimentary to the surrounding existing and expected development The increase in maximum c with pattern land uses and characteristics Notes a PUD may be established at a higher or lower rate than specified in the underlying Zone District as long as on average the entire PUD conforms to the maximum density provisions of the respective Lot sizes for individual lots within Zone District b or as a otherwise established as the maximum allowable pursuant to afinal PUD Development Plan The approved dimensional requirements for all lots within required to be reflected in the final PUD development plans the density PUD are Staff Finding There are no set density requirements for the Rural Residential RR zone district so density of is established by the PUD Staff believes that the density on site is appropriate in terms to the Staff does have concerns related massing of creating a critical mass for club services another the site and would like to see units 5 and 6 removed or at the very least relocated to criterion to be met Staff finds this area of the site say create additional club units C Site Design The purpose of this standard is to ensure the PUD enhances public spaces is complimentary s natural and man made features and the adjacent public spaces and ensures the to the site s health and safety The proposed development shall comply with the following public 1 natural Existing or made features man of the site which specific reference to the past or contribute preserved or enhanced in an appropriate manner interest or a are to the unique provide visual identity of the town are Staff Finding the site The great asset in the Roaring Fork River which will abide by all requirements for stream margin review which will help and riparian area There is an existing path that crosses the stream margin area The site has a crosses Applicant preserve the the applicant Exhibit B PUD Review Criteria Page 10 of 18 has worked with the Parks and the Community Development Departments that will minimize the path formally dedicated through a realigned path proposed development and to the hillside impact The trail easement on a new The location for will also be utilities are located outside of the stream margin However staff does not believe that the site plan appropriately preserves or enhances this important natural feature The elimination of units 5 area and 6 would 2 help alleviate staff s concerns Structures have been clustered to At this time appropriately staff finds this criterion is not met preserve significant open spaces and vistas Staff Findine proposed open spaces will be lost with this proposal where the tennis courts are currently located During applicant amended the site property Staff does not believe this has created No significant existing views of the river and help 3 alleviate staff s Structures are context where plan riparian to create area At this concerns a larger a open space large enough The elimination time or as the timeshare units Conceptual approval are the on the lower bench of the area to preserve and enhance relocation of units 5 and 6 would 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 Findine The timeshare units already are along Ute Avenue because most of the street frontage is existing Club The proposed affordable housing units are not located used to accommodate the adjacent to the street and Staff believes these will contribute to the street character and neighborhood context Additionally the Club Units will help create a more pedestrian friendly environment by providing fenestration and interest to the exiting blank wall that located exists The as you enter the Applicant has property from Ute Ave agreed to provide an easement along the Ute Ave portion of the site to Additionally a new bus accommodate the eventual continuation of the Ute Ave trail pull out and shelter are proposed to better accommodate the Cross Town Shuttle Most stop of these improvements are located in the the Subdivision Plat to accommodate the public right of way portions on site 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 of this and single homes in the Staff believes the mission wellness area development family and personal growth and it s unique location enable the design to be reflective of the s surrounding residences while providing a differenttake on the design that reflects the Club While the mass open areas on the site and the elimination of some of the of units 5 and the overall design better relate to the rural context The elimination mission Provision of would help more 6 would help alleviate staff s concerns At this time staff finds this criterion is Exhibit B not met PUD Review Criteria Page 11 of 18 4 Buildings vehicle and access ways are appropriately arranged to allow emergency and service access Staff Finding City of Aspen Fire Marshal has reviewed the proposal compliance with all applicable life safety requirements The The and has found Fire Marshall it 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 of parking spaces decreased from 133 at conceptual to 132 at final The existing parking area accommodates fire truck turn arounds and must be maintained applicant worked with the Fire and Community Development Departments to utilize The surface grass reduce the amount of done to pavers that can accommodate fire truck loads fire will be required to include impervious surface on the site Further all structures This was and fire alarm systems The applicant will be required to exists in the subgrade garage Staff finds this criterion to be met sprinkler systems fire 5 access Adequate pedestrian and handicapped access ensure adequate is provided Staff Finding According to the Application has been included as a the project will comply with all condition in the Resolution This applicable requirements Two of the Club units are ADA number of the other units include ADA bathrooms As mentioned above Staff the Club will dedicate an easement for the future completion of the Ute Avenue trail finds this criterion to be met Accessible 6 Site and a drainage reasonable for the proposed development in a practical not negatively impact surrounding properties is accommodated manner and shall and Staff Finding According with some letter submitted by drainage improvements to a the s engineer Applicant site drainage will be handled Further the Applicant s to maintain historic runoff existing tennis will be courts so an expansion of the impervious surface will be minimal The Applicant If required to pay the applicable Storm Water Fee assessed by the Engineering Department areas are re paving utilize paved as part of the redevelopment Staff recommends that the re to pervious paving materials The applicant is working with the Engineering Department engineer ensure 7 states runoff is that the timeshare units will have properly similar footprint to the treated Staff finds this criterion to be met For non residential land uses spaces between accommodate any a programmatic functions buildings are appropriately designed associated with the to use Staff Finding significant grade difference between the proposed timeshare units near the river and the existing Club The units that are located at the same grade as the Club do provide sufficient spacing Staff would like to the elimination of units 5 and 6 which would increase There is a Exhibit B PUD Review Criteria Page 12 of 18 programming the amount of space available for outdoor not met at this time elements Staff finds this criterion is D Landscape Plan with the The purpose of this standard is to ensure compatibility of the proposed landscape visual character of the city with surrounding parcels and with existing and proposedfeatures The proposed development shall comply with the following the subject of property I landscape plan exhibits a well designated treatment of exterior spaces preserves and variety of existing significant vegetation and provides an ample quantity ornamental plant species suitable for the Aspen area climate The Staff Finding The Applicant has This has been reviewed ensure 2 landscaping plan with a number of new plantings proposed to by the Parks Department who is working with the applicant provided proper native plants a are used Staff finds this criterion to be met made site features Significant existing natural and man are and interest in the landscape preserved or enhanced in Staff Finding Department has requested a condition trail through the riparian area to hand tools development is proposed in the protected riparian The Parks The 3 proposed method of protecting which an provide uniqueness appropriate manner of approval to limit the construction of the No This condition has been included area Staff finds this criterion to be met existing vegetation and other landscape features is appropriate Staff Finding The Applicant has provided a landscaping plan This has been reviewed ensure proper native with by the Parks Department plants are used a number of who is new working plantings proposed applicant to with the staff finds that additional refinement is needed for the landscape as such the area has a more rural feel plan The site is located near the urban rural fringe and 6 on the lower bench than other areas of town The elimination or relocation of units 5 and The current landscape will help create the open space staff finds is needed in this proposal s context staff and seems rather formal Given the site deal of includes a In terms plan of landscaping paving great landscaping and believes less formal less paving is needed the property and is applicant is maintaining the existing Aspen Club trail that crosses and the parking creating a new trial easement that connects the river area to the Club building consultation with the Parks area There is an existing path that is being reconfigured after hand tools will be used in the Department and will be in the new trail easement Only s easement The applicant is also creating a fisherman stream margin area for this path The Exhibit B PUD Review Criteria Page 13 of 18 applicant has committed to installing a sidewalk on help completed a needed pedestrian connection the Additionally Avenue to their property along Ute staff finds this criterion is not met Overall E Architectural Character 1 compatible with or enhance the visual character of the City appropriately relate to existing and proposed architecture of the property represent a character suitable for and indicative of the intended use and respect the scale and massing of nearby Be historical and cultural resources Staff Finding proposes a unique addition to the new health and wellness program Staff believes the azchitecture should In terms of architecture the applicant has stated that the reflect these opportunities residential scale that is proposed mass scale and materials are intended to convey a and uses in the area while also being true to the of the different Aspen Club Club through the The site is unique and this Application buildings representative the townhome units residential in and flat roofs materials palate of stone and wood that is character a mix similar to residential uses in the area modulation typical of residential townhomes and articulated and pedestrian changing the existing blank facade of the club to be more Staff has concerns related to the massing of the proposal In addition the s Club use friendly proposal The will be final PUD SPA Commercial applicant of pitched subject has by making Design Review following approval of the anticipates having concerns related to the specific to final Commercial Staff application Design applicant The has done this Review proposed Criteria including Building Design a water feature as and Articulation part of the landscaping plan This water feature is located in the middle of the site and runs from the lower bench to the upper bench There are paths that run through the site to connect the timeshare units to the Club areas and the In addition the applicant is providing a permanent trail easement parking for the Aspen planning access staff and the fire creating additional paved areas portions of the upper bench area without pavers in The elimination this 1 time or The solution is the installation of grass relocation of units 5 and 6 would help alleviate staff s concerns At staff finds this criterion is not met Incorporate the currently exists on site The applicant worked with fire department to come up with a way to provide adequate Club Trail that to the extent practical by taking advantage of intensive of non or less natural heating and cooling property solar access shade and s vegetation and by use mechanical systems StaflFindins utilizes the south north exposure on the lot and is participating in the new LEED for Neighborhoods program The applicant is also planning use of renewable energy The site plan Exhibit B PUD Review Criteria Page 14 of 18 including a Growth Conceptual Energy 3 Pump loop for heating and cooling as outlined in Mechanical Systems Plan Staff finds this criterion is met their Source Heat Accommodate the storage and shedding of snow ice and water appropriate manner that does not require significant maintenance in a safe and Staff Finding The Applicant has included a application This plan the parking and fire access F snow removal and storage plan as part of the final melt systems and onsite storage of snow In addition will be plowed Staff finds this criterion to be met detailed includes snow areas Lighting 1 The purpose in an of this standard to appropriate manner ensure of the development will be lighted public safety and general aesthetic the exterior considering both concerns 2 compliance with the outdoor lighting standards unless otherwise approved and noted in the final PUD documents Up lighting of site features buildings landscape elements and lighting to call inordinate attention to the property is prohibitedfor residential development All exterior lighting shall in Staff Finding The PUD will comply with all No lighting shall be permitted in from the stream margin area fifteen 15 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 lighting regulations foot setback in place area be met C Common Park Open Space or Recreation Area If the proposed development includes a common park open space or recreation mutual benefit of all development in the proposed PUD the following criteria shall area 1 3 the or amount location and design of the common park open space recreation area enhances the character of the proposed development considering and proposed structures and natural landscape features of the property The proposed existing s built form provides visual relief to the property of the various and uses and property users of the 2 for be met and is available to the mutual benefit PUD deeded proportionate undivided interest in al common park and recreation areas is in perpetuity notfor a number ofyears to each lot or dwelling unit owner within PUD or ownership is proposed in a similar manner A the proposed an adequate assurance through a legal instrument for the and shared permanent care and maintenance of open spaces recreation areas facilities together with a deed restriction against future residential commercial or industrial development There is Exhibit B PUD Review Criteria Page I S 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 burden The purpose of this standard is to ensure the development does not impose an undue incur an unjustified on the City s infrastructure capabi ides and that the public does not with the development associated utilities and burden The proposed public facilities financial shall 1 2 3 comply with the following Adequate public infrastructure facilities exist to accommodate the development Adverse impacts on public infrastructure by the development will be mitigated by the cost of the developer necessary improvements at the sole Oversized utilities public facilities or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement Staff Finding application states that be borne by the Applicant The new traffic study all costs associated with This includes the indicates that Ute public realigmnent Avenue can infrastructure of a sewer improvements line accommodate the will s Applicant proposal traffic s The TDM plan to encourage generation In addition the applicant has created a comprehensive alternative modes of transportation for club users club employees affordable housing which includes speed tables and humps for resident and timeshare owners A safety plan The applicant has Ute Ave has also been proposed to ensure the road is safer for pedestrians The applicant has hired committed to zero growth in traffic as a result of this project determine if adequate flows exist for fire consultants to assess the existing water flows to indicates there are The applicant is working with the City The preliminary report safety Departments to confirm this The applicant on the Engineering Department to ensure adequate drainage exists Water and Fire is also working with the site was found after delivery traffic is anticipated as part of this project it sac does not have adequate pavement to meet de Conceptual approval that the existing cul sac pavement will be needed to de city standards Some improvements to the existing cul accommodate truck traffic The applicant is working with the Engineering Department to Staff finds this determine to what extent the applicant is responsible for the improvements While no net new criterion to truck be met at this time I Access and Circulation Only standards 1 2 apply to Minor PUD applications development is easily accessible does not unduly recreational trail burden the surrounding road network provides adequate pedestrian and circulation and The proposed access of the facilities and minimizes the use of security gates development shall meet the following criteria The purpose of this standard is to ensure the Exhibit B PUD Review Criteria Page I6 of 18 1 Each lot structure or an within the PUD has adequate access to approved private road a pedestrian way use directly through dedicated to public or private street either area other land or a public or other street The use Staff Finding Staff believes that all structures and units have timeshare units club and affordable additional parking Lot 14A is accessed from available from the on Aspen housing Club Trail located Lot 14A to the club will be appropriate have uses by public from Ute Avenue while the access pedestrian access provides access from part of this application Staff 82 There is also Highway the river The trail that dedicated for formally access to a public use as finds this criterion to be met 2 parking arrangement do not or such create traffic congestion on the roads surrounding the proposed development surrounding roads are proposed to be improved to accommodate the development The proposed development vehicular access points and Staff Finding he T has Applicant configuration submitted Traffic a will not Intersections The adversely impact applicant has committed Report to that levels traffic no new indicates traffic the proposed parking Ute Avenue on a as or result of this the adjacent development Staff finds this criterion to be met 3 Areas of historic pedestrian or recreational trail use improvements trail system and adequate access to to the bicycle and pedestrian lands and the rivers are provided through proposedfor appropriate improvements dedicated public of or connections significant public trail easements and are and maintenance Staff Finding Trail easements proposed development will not result in any changes to the existing continue the Ute easement Ute Avenue to along Applicant has also agreed to provide an The The Avenue Trail In addition river to the Club 4 a new building trial easement will be provided for the trail that connects the Staff finds this criterion to be met Community Plan and adopted specific plans are regarding recreational trails pedestrian and bicycle paths and transportation proposed to be implemented in an appropriate manner The recommendations of the Aspen Area Staff Findins The Applicant Avenue Trail has In addition the river to the Club 5 agreed to a new building Streets in the PUD which Ute Avenue to continue the Ute trial easement will be provided for the trail that connects provide easement along Staff finds this criterion to be met are proposed ownership provide appropriate and emergency an or recommended to be retained under dedication to public use to ensure private appropriate public access Exhibit B PUD Review Criteria Page 17 of 18 Staff Finding There 6 are no internal streets of this PUD Staff finds this criterion to be met proposed as part Security gates guard posts or other entryway expressions for within the PUD are minimized to the extent practical the PUD or for lots Staff Finding There gates aze no guard posts proposed or as part of this PUD Staff finds this criterion to be met Phasing of Development Plan does not apply to Conceptual PUD applications an The purpose of this criteria is to ensure partially completed projects do not create owners and impacts of an unnecessary burden on the public or surrounding property the individual phase are mitigated adequately If phasing of development plan is proposed J each phase shall be defined in the adoptedfinal PUD development plan Staff Finding No phasing is The development will take place part of this development has requested a seven 7 year a two 2 year period however the applicant proposed approximately over vesting period because mixed use projects as of the national availability of funding for recommends against the 7 year economic outlook and the Staff finds this criterion to be met but vesting period Exhibit B PUD Review Criteria Page 18 of 18 EXHIBIT C 590 Chapter 26 TIMESHARE DEVELOPMENT 070 Review standards for timeshare lodge development 590 Sec 26 of An applicant for timeshare lodge development shall demonstrate compliance with each are These standards the standards as applicable to the proposed development following in addition to those standards applicable to the review of the PUD and Subdivision applications to convert an impact analysis and mitigation Any applicant proposing to demonstrate existing lodge to a timeshare lodge development shall be required that the proposed conversion will not have a negative tax consequence for the City A Fiscal In order to demonstrate the tax consequences of the applicant shall prepare a detailed fiscal impact study application between the of the final PUD part following comparisons proposed timeshare lodge shall contain at least the impact study existing lodge operation The fiscal the proposed conversion as and the development 1 A summary of the sales taxes paid to the City If the for rental of has lodge rooms stopped renting lodge prior five years of its operation the application then the summary submission of to the time of rooms prior shall reflect the final five 5 years the lodge was in operation The summary taxes the of past taxes paid shall be compared to a projection of the sales over the first five proposed timeshare lodge development will pay to the City the applicant shall 5 years of its operation As part of this projection each timeshare lodge specify the number of nights the applicant anticipates number of unit will be available for daily rental to visitors that is the annual s the owner or the owner nights when the unit will not be occupied by guests the expected visitor occupancy rate for these units the expected amount of sales tax that average daily cost to rent the unit and the resulting during the will be paid to the City paid to the City has if the existing lodge were to be sold If an actual sale of the property occurred within the last twelve 12 months then the real estate taxes paid for that sale shall be used This estimation shall be compared to a projection of the real estate transfer taxes the proposed timeshare lodge development will pay to the City over the first five 5 years of its operation This sales prices for the projection shall include a statement of the expected timeshare estates and the applicable tax rate that will be applied to each sale 2 would be An estimation of the real estate transfer taxes that 3 A summary of the five the prior the proposed five 5 years City of the property taxes paid for the lodge for portion taxes 5 years of its operation and a projection of the property first lodge development will pay to the City over the of the operation This projection shall include a statement timeshare of its Exhibit C Timeshare Review Criteria Page 1 of 7 expected value that will the applicable tax rate be assigned to the property by the Tax Assessor and contain such other information that the believes is relevant to understanding the tax consequences of the development For example the applicant may provide information The fiscal applicant proposed impact study demonstrating there will City from the occupancy may also be secondary or indirect tax benefits to the of the timeshare units in terms of increased retail activity in the community as compared to the to prove existing lodge development The applicant shall be expected such economic advantages definitively why the timeshare units would cause a traditional not be achieved lodge development Any such that would by the taxes paid during the additional information provided shall compare s operation to the first five 5 years of the prior five 5 years of the lodge sales and proposed other economic timeshare If the fiscal s operation lodge impact study demonstrates there will be an annual tax loss to the in any of City from the conversion of an existing lodge to a timeshare lodge the specific tax categories property tax sales tax lodging tax RETT tax that then the applicant shall be required to propose a mitigation program resolves the problem to the satisfaction of the City Council Analysis of the for a lodging fiscal impact study shall compare existing tax revenues 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 s StatlFindin proposal The development does not include any conversion of an existing Staff finds this criterion to not be applicable lodge into a timeshare loge to be existing projects Any existing project that is proposed and converted to a timeshare lodge development shall be physically upgraded shall be modernized The extent of the upgrading that is to be accomplished the condition of the existing determined as part of the PUD review considering in character the make compatible with intent to development the facilities being of the building with surrounding properties and to extend the useful life structures 1 To the extent that it would be practical and reasonable existing shall be brought into compliance with the City s adopted Fire Health and B Upgrading of Building 2 be closed until No sale of any interest in a timeshare lodge development shall a Certificate of Occupancy has been issued for the upgrading Sta FindinQS which does not include any conversion The new development will be Applicant proposes an entirely new project an existing lodge into a timeshare loge development The of Codes Exhibit C Timeshare Review Criteria Page 2 of 7 to meet all required be City health fire and building Staff finds this criterion to not codes applicable C Preservation of existing lodging inventory regulations is to preserve and Therefore any proposal to convert enhance An express of these purpose s existing lodging Aspen inventory existing lodge or other property that provides term accommodations to a timeshare lodge should at a minimum replace the short If the existing number of units on the property in the planned timeshare lodge the timeshare number of then lodge units applicant is unable to replace the existing or the on the number of bedrooms the shall property existing replace development how the proposal complies with the purposes of these shall demonstrate applicant the regulations even though the planned timeshare lodge will not replace either number of units existing or an bedrooms Staff Findings which does not include any conversion proposes an entirely new project will bring of an existing lodge into a timeshare loge development The new development criterion Staff finds this to not be additional lodge rooms to the City s Lodging stock The Applicant applicable housing requirements affordable a timeshare lodge development is required to provide the housing mitigation for the development shall be calculated by applying uses The affordable for lodge standards of the City s housing designee D Affordable 1 Whenever the maximum number of housing requirement shall be calculated based on proposed lock out rooms in the development and shall any retail restaurant conference or other functions also take into account proposed in Staff Findings While this section off lock rooms requires updates affordable to the land housing mitigation use to be based the lodge the number of on on bedrooms require mitigation requires projects to provide mitigation equal to be based code Section 470 26of the Land Use Code 050 1states that there are 5 FTEs A 100 470 60 of the employees generated Section 26 two 62 s twenty 20 units include sixty generated per lodging bedroom This project the mitigation Therefore bedrooms creating a generation of 31 FTEs 62 bedrooms 5 60 The applicant has proposed to provide 31 FTEs bedroom units This exceeds 2 seven 27 FTEs onsite in twelve 12 housing for twenty the code requirement by nearly 145 requirement No 18 FTEs is 6 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 mition of family dwelling unit that meets the de The conversion of any multi residential multi family housing to timesharing shall comply with the Exhibit C Timeshare Review Criteria Page 3 of 7 provisions even There when there is demolition of the no Multi Replacement Program Family family dwelling unit existing multi units family dwelling currently no multi to not be applicable are criterion E of Chapter 26 530 Resident on the property Staff finds this Parking requirements shall be 1 The parking requirement for timeshare lodge development 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 5 parking spaces are required for 26of the Land Use Code 0 030 Pursuant to section 515 each key in a lodge development There are a maximum of forty 40 keys resulting in a 5 0 20 of 20 spaces for the timeshare units 40 parking parking requirement twenty The Applicant has provided twenty 20 spaces in the grade parking sub garage for the timeshare units Staff finds this criterion to be met 2 lodge development shall also provide an appropriate evel of to offer guest transportation services such as vans or other shuttle vehicles in Aspen au alternative to having owners and guests using their own vehicles The timeshare Staff Findings The as Applicant part of the provided a detailed Transportation Demand Management TDM plan demand shuttle services to DM plan includes on final application The T has and guests of the timeshare units This service will shuttle services Additionally the sales and operate separate from their in town of the project healthy living as marketing materials will highlight the overall philosophy available at the club These include the use of the Car well as the and from the airport for owners transportation options site bikes Share program and on traffic trips as part of this growth in 3 The owner of a parking a The applicant project has also committed to zero Staff finds this criterion to be met prohibited from storing is not using that estate timeshare estate shall be site when the space on having owner a vehicle in Staff Findings The timeshare staying owners will be from storing their cars in the garage when they in their unit Staff finds this criterion to be met are not F Appropriateness of marketing and sales practices The marketing and sale of the real estate laws set forth in Title 12 and licensed S as may be amended from time to time The applicant R C the timeshare entity shall present to the City a plan for marketing timeshare estates shall be Article prohibited governed by 61 marketing development Exhibit C Timeshare Review Criteria Page 4 of 7 1 The following marketing shall not be and sales practices for a timeshare development permitted 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 The solicitation of a b a sales Giving of gifts to encourage potential purchasers to attend presentation or to visit a timeshare development is permitted provided the gift reflects the local Aspen economy For example gifts for travel to or accommodations in Aspen restaurants in Aspen and local attractions ski are permitted Gifts that have no passes concert tickets rafting trips etc relationship to the local Aspen economy are not permitted The following gifts are also not permitted a Any gift for which an accurate description is not given b Any gift package for which notice is not given to the prospective a sales purchaser that the purchaser will be required to attend presentation as a condition of receiving the gifts and of the c Any gift package for which the printed announcement face than requirement to attend a sales presentation is in smaller type the information on the gift being offered 2 lFindings Sta Applicant The timeshare instruments document the final incorporating all the above requirements in Disclosure requirements are incorporated into the drafr has committed to The These timeshare instruments will be recorded simultaneously with the SPA Agreement Staff finds this criterion to be met PUD of maintenance and management plan The applicant shall provide will be documentation and guarantees that the timeshare lodge development and maintained in a manner that will be both stable and G Adequacy appropriately managed continuous This shall include be an identiScation of when and how maintenance will and shall also address the following requirements to review and procedure shall be established for the estate owners made throughout the life of the approve any fee increases which may be timeshare development to provide assurance and protection to timeshare be applied and used fees will owners that provided 1 A fair assessment management appropriately 2 The applicant ensure that the throughout shall also demonstrate that there will be proposed timeshare development will be a reserve properly fund to maintained its lifetime Staff Findings The Applicant incorporating all the above requirements in the final requirements are incorporated into the draft Disclosure has committed to timeshare instruments These Exhibit C Timeshare Review Criteria Page 5 of 7 document instrtunents The timeshare will be recorded with simultaneously the SPA Agreement Staff finds this criterion to be met PUD Compliance with State Statutes The applicant shall demonstrate that the proposed timeshare lodge development will comply with all applicable requirements 3 of Title 12 Article 61 C S and Title 38 Article 33 R S Title 38 Article 33 C R for rescission S including the requirements concerning the five 5 day period R C of a sales contract and the procedures for holding deposits or down payments in H escrow Staff FindinQS incorporating all the above requirements in the final These requirements are incorporated into the draft Disclosure timeshare instruments document The final timeshare instruments will be recorded simultaneously with the The Applicant has committed to SPA Agreement PUD I Approval by Staff finds this criterion to be met condominium owners If the development that is proposed to be applicant shall submit written proof that the of condominium declaration allows timesharing that one hundred percent 100 the owners of the condominium units have approved the timeshare development the applicant may including any improvements to the common elements that timeshared is a condominium the condominium have approved the proposed propose that all mortgagees of the condominium units in the timeshare timeshare development and that all development will be included in the same sales and marketing program Staff FindinES The be project currently does not have condominium owners Staff finds this criterion to not applicable 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 g to the requirements of this Section Right use timeshare concepts e to in are considered inappropriate Aspen and holds and vacation clubs lease J Prohibited are 2 3 not permitted of the facts contained in any application for timeshare statement approval timeshare development instruments or disclosure for Failure to comply with any representations contained in any application to timesharing or misrepresenting the substance of any such application Misrepresentation another who may be 4 Manage operate a use prospective purchaser offer for sale therein in violation of any granted pursuant hereto or or requirement cause or sell of a timeshare interest a timeshare estate of this aid and Chapter or or any interest approval abet another to violate any Exhibit C Timeshare Review Criteria Page 6 of 7 requirement of this Chapter or an approval granted pursuant 2002 1 part 2002 Ord No 13 2005 5 Chapter Ord No 21 to this lFindinQS Sta The Applicant has committed that they will not mentioned activities Staff finds this criterion knowingly engage in any of the above to be met Timeshare Review Criteria Exhibit C Page 7 of 7 EXHIBIT D Growth 470 Chapter 26 Management Quota System All development applications for growth requirements standards The reviewing body shall management review shall comply with the following or deny an application for growth management review based approve approve with conditions criteria applicable to the specific on the following generally applicable criteria and the review B General OSO 470 26 Sec type of development accommodate the proposed Sufficient growth management allotments are available to D Applications for multiyear 030 470 26 Subsection to development pursuant 1shall not be required to 090 470 development allotment pursuant to Paragraph 26 1 meet this standard Staff Finding for the timeshare year allotment Application includes a request for multi There are development and 12 allotments for affordable housing housing allotments available This review criterion is not applicable to The of the the timeshare development is consistent with the Aspen Area some concerns portion Community Plan Staff Finding Staff believes that of the Staff finds this criterion to be met applicant The proposed 2 portion sufficient affordable a number of the relating to other goals in the Aspen Area aspects of the AACP Community The Plan Application are meets met but has number of a sustainability and arts and culture and has goals related to affordable housing The Applicant made changes since Conceptual Review to meet goals related to transportation closer to meeting has also made changes to the site plan which Staff believes brings the project environment Overall design and open space the goals related to community character economic AACP Staff finds this review criterion to be met Housing which is an important step Applicant is providing 145 of the required Affordable Housing in the AACP The in helping the community meet the Affordable Housing goals outlined affordable housing is to create an affordable Housing section of the AACP states the intent of and new housing environment that is appropriately scaled and distributed throughout existing mixes free market commercial neighborhoods Intent pg 25 fhis development proposal affordable housing is scaled to relate to market lodging with affordable housing The and free the adjacent Club building and other surrounding buildings The and social that Our housing policy should bolster our economic our sense of community by integrating affordable diversity reinforce variety and enhance balance includes all income ranges and housing into the fabric of our town A healthy social This section also states should endeavor to further that mix and to avoid segregation of would provide 12 economic and social classes by project Philosophy pg 25 This proposal types of people Each project xhibit D F GMQS Review Criteria Page I of 10 new units affordable are housing proposed which Managing Aspen Club Employees the housing is accessible to rental units for will ensure A mix of a category 2 3 and 4 wide range of income levels Growth foster Chapter lists one of the main goals of managing growth as balanced community through integrated design that promotes economic diversity transit a well and pedestrian friendly lifestyles and the mixing of people from different backgrounds Goal Club use as well as the E pg 19 The proposal will promote a mix of backgrounds through the Additionally a detailed affordable housing residents and lodge visitors that will be on site The AACP Managing proposed that promotes pedestrian of transportation transportation plan alternative modes Growth is access site and the to the use of Economic Sustainability Sustainability section of the AACP recognizes that local ownership of business helps maintain our community s unusual character tends to return more money to the that local economy and provides additional opportunities for upward mobility of people and owned the community and its governments should support local ownership as well as externally Club businesses that are locally serving and locally involved Philosophy pg 3 The Aspen Further the Economic is owned by a variety of locals and locals non locally operated business The stated wellness opportunity for residents and but it is a a new health and raised through the timeshare sales to subsidize programs for visitors and to use the money locals The Club currently provides services and events that are designed for locals including profit and their activities every the Tuesdays with Michael program that highlights a local non Staff believes that the concept of this week in the summer as well as periodic health lectures toward furthering the goals outlined Aspen application is a good one and will go a long way goal of this proposal is to provide Area Community Plan The Economic encourage sensitivity section also states that it is important to responsibility and cultural and community Sustainability efficiency environmental organizations and in construction Policies pg 32 Neighborhood standards in developing the proposal The This applicant requires used the that new resource in local LEED for development be done o that end the applicant is investigating ways to using environmentally friendly techniques I and various energy minimize construction impacts utilizing alternative renewable energies use as a result of this efficient materials The applicant has committed to no net new energy project Arts Culture Education The AACP states that arts culture and education thriving year round economy its vibrant international acknowledged as profile and its future are essential to as a Aspen s unique place to works to promote the live work and learn Philosophy Pg 45 The Aspen Club currently local non profits through Arts Culture and Education of the Aspen Area by supporting educational and wellness and by facilitating provision of office space and financial support and community members at large The applicant has pledged to programs for Club members continue this commitment if the application is approved Exhibit D GMQS Review Criteria 10 Page 2 0 Environment Open Space Environment section of the AACP discusses the need to preserve The 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 riparian area move in the direction of enhancing the riparian area on the site and bringing 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 has worked with the Parks respecting the required stream margin setback and the applicant the riparian area Department to ensure that construction methods will not negatively impact This section also states that All Design Ouality The Design Quality section eclectic mix of design styles development retain and encourage an our community to maintain and enhance the special character of 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 of the AACP asks that finally the natural and man made features joining a particular development Decisions regarding scale massing form materials texture and color must be first site measured by context Contextual appropriateness transcends style alone Philosophy pg 42 neighborhood and are good Staff believes the ideas put forward in the Application for a health and wellness facility direction of in the goals and that the site plan changes at Conceptual have moved the proposal finds that the changes help combining this goal with the proposed architecture Further Staff our will enhance the character of community The Aspen Club the development special the Club unique and this Application proposes a unique addition to In terms of uses changes to the site plan begin to reflect these opportunities of a variety good job of relating to the immediate context which is comprised ensure site is Staff believes the the of uses massing does a In terms its context of being the site given staff is concerned that there is too much 6 would of units 5 and or relocation The elimination on the urban rural fringe the Design Quality section of the AACP of mass on project help better meet Transportation that number of goals and policies related to Transportation including a policy use patterns that enable and support travel should be structured on compact mixed fhe AACP has new growth a 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 as part by adding sidewalk connections replacing sidewalks and requiring sidewalks walking or and the of where carpool appeal of development approvals appropriate Goal C pg 22 also vanpooling for a wide variety of Crip types Goal D pg 22 The Transportation Chapter by foot bicycle includes generate a and policy demand to require for transportation modes in all employment school social recreation or other activities that mitigate traffic impacts through support proportion to trips generated Policies pg 22 travel to of alternative Exhibit D GMQS Review Criteria Page 3 of 10 set of Transportation Demand Management including carsharing vanpools transportation TDM a new sidewalk has also committed to and The installing applicant walking carpooling biking and to make Ute Avenue biking safer and more viable The TDM plan includes a walking along The applicant has worked with tools that focus on commitment to continue shuttles for Club staff to create city a alternative forms of of the Cross Town Shuttle and the use of coordinated vans and well as visitors who stay at other hotels but want to use the Aspen use employees as timeshare users Staff pick up service at the airport is also proposed for the of the AACP related to Transportation that the TDM plan meets the goals and policies Coordinated believes 3 The development conforms to the requirements and imitations of the zone district Staff Finding The and PUD to vary the underlying dimensional and use The project will comply with all dimensional and use for this site Staff finds this SPA review that are established as part of the final PUD application requirements requirements is for an SPA criterion to be met 4 The proposed development Commission approval Conceptual Planned is consistent with the Conceptual Historic Preservation Conceptual Commercial Design Review approval Development approval as applicable the Unit and the Staff Finding The project approval received The final conceptual application commercial design approval and conceptual PUD those approvals Staff finds this review is consistent with both criterion to be met 5 Unless otherwise specified in this Chapter sixty percent 60 of the employees or lodge development according to Subsection generated by the additional commercial generation rates are mitigated through the provision of 26 Employee A IOO 470 shall be approved affordable housing The employee generation mitigation plan at a Category 4 rate as 4 Affordable housing 070 470 pursuant to Paragraph 26 Pitkin County Housing Authority Guidelines as amended An defined in the Aspen applicant may choose to provide mitigation units at a lower category designation Staff Finding number for applicant has committed to meeting the 60 employee mitigation Growth Management Review which is the highest mitigation level outlined in the code lodge development The the for bedroom units bedroom units four 4 lodge development includes 62 bedrooms ten 3 1 A 100 470 bedroom units Land Use Code section 26 bedroom units and two 2 four 3 the employee generation is 31 states that there are 5 FTEs per lodging bedroom Therefore At a mitigation level of 60 the required 31 FTEs 5 FTEs FTEs 62 lodge bedrooms 60 6 FTEs 18 fEs 6 FTEs 31 F mitigation for the project is 18 The Exhibit D GMQS Review Criteria Page 4 of 10 Land Use Code bedroom affordable housing units twelve 2 25 FTEs Therefore the 2states that each 2 bedroom unit houses 2 A 100 470 section 26 bedroom two units 25FTEs 2 proposed 12 affordable housing units will house 27 FTEs 12 applicant The 27 FTEs is providing This is approximately 145 of the required affordable housing mitigation Staff finds this criterion to be met Affordable housing net livable area for which the finished floor natural or finished grade whichever is higher shall be provided in 6 level is at market residential net thirty percent 30 of the additional free above natural or finished grade far which the finishedJloor level is at or higher at least Affordable housing shall be or an amount above equal to livable area whichever is 4Affordable 070 470 Paragraph 26 in the Aspen Pitkin County defined An applicant may choose to provide approved pursuant to 4 rate as housing and be restricted to Category Housing Authority Guidelines as amended units that mitigation units at a lower category designation Affordable housing restricted deed at being provided absent a requirement voluntary units may be level of affordability including residential occupied a are any Finding Staf market residential No free this criterion is not 7 The proposed as part of this application Staff finds applicable public infrastructure or such the project mitigated through improvement proposed as part of project represents additional demand is Public is development minimal additional demand infrastructure includes energy and communication waste disposal parking and on but is not limited to water supply sewage treatment police protection utilities drainage control fire road and transit services Ord No 14 2007 I and solid Staff Finding Adequate public facilities exist the realignment of a sewer line and will be upgraded owner expense at the s This includes indicates that Ute Avenue s new traffic study Applicant a traffic can accommodate the s generation In addition the applicant has created proposal of transportation for club users comprehensive TDM plan to encourage alternative modes A safety plan which club employees affordable housing resident and timeshare owners to ensure the road is includes speed tables and humps for Ute Ave has also been proposed result of this safer for pedestrians The applicant has committed to zero growth in traffic as a flows to determine if project The applicant has hired consultants to assess the existing water indicates there are adequate adequate flows exist for fire safety and the preliminary report confirm this flows The applicant is working with the City Water and Fire Departments to The applicant exists Sec on is also the site City 470A90 26 working The with the Engineering Department to ensure adequate drainage Staff finds this criterion to be met at this time Council applications Exhibit D GMQS Review Criteria Page 5 of 10 following types of development shall be approved approved with conditions or denied by 110 Procedures for review and the criteria for each 470 the City Council pursuant to Section 26 all growth management applications type of development described below Except as noted 050 Except as noted all City 470 shall comply with the general requirements of Section 26 The growth management approvals Council allotments and development shall development ceiling be deducted from the respective annual levels development allotment The City Council upon a recommendation or deny a from the Planning and Zoning Commission shall approve approve with conditions year development allotment request based on the following criteria multi 1 Multi 090 470 26 year a The proposed development is considered Note A project need not meet sufficiently considered exceptional criteria 1 proposal project The exceeds the minimum al exceptional considering the following of the following criteria only enough to be affordable housing required for a standard Staff Finding 6 FTEs is Es when housing for 18 I applicant is providing housing for 27 F of the requirement Staff required by the code This represents housing at 145 The finds this criterion to be met 2 represents an excellent historic preservation accomplishment recommendation from the Historic Preservation Officer shall be considered for The proposed project A this standard Staff Finding historic preservation element The proposed development does not include a on the Ordinance 48 list of potentially significant property is not designated and is not structures Staff finds this criterion is not applicable The 3 established as proposal furthers affordable housing goals by providing units Pitkin County Housing Authority Guidelines priority through the current Aspen and provides a desirable mix of affordable unit types economic levels and lifestyles A recommendation from the Aspen Pitkin g singles seniors families etc e this standard County Housing Authority shall be considered for The Staff Finding the land proposed a mix of Category 2 3 and units although code only requires the provision of Category 4 units Category units that are below will enable a variety Category 4 are priority units for AHCPA The mix of categories of income levels to rent housing near where they work The income requirements for The applicant these 4 has categories use are Maximum Income for Rental Units Exhibit D GMQS Review Criteria Page 6 of 10 No of Adults Category Category Cateeory 2 3 4 000 79 000 129 2 Adult 49 000 000 73 000 119 000 193 3 Adult 000 85 000 139 000 225 000 125 000 150 000 175 1 Adult Net Assets not in Excess of Staff finds this criterion to be met 4 proposal minimizes impacts The on public infrastructure by incorporating innovative energy saving techniques Staff Finding applicant is committing to a project that will contain no net new energy usage This is being done through upgrades to the existing Club building insulation radiant floors energy drainage etc and energy efficient building techniques like is contemplating the use of solar efficient materials etc In addition the applicant Source Heat Pumps GSHP The panels and has committed to the use of Ground ND program and will exceed the City s adopted project is participating in the LEED The Staff finds this criterion to be met energy codes 5 The and proposal minimizes after construction construction impacts to the extent practicable both during Staff Finding which provided a preliminary construction management plan related to indicates the project will meet all applicable city code requirements of the building construction Amore detailed plan will be submitted at the time permit application The applicant has For instance the applicant construction types in an indicated during the conceptual review that modulaz construction might be used There is no information on the final effort to decrease construction impacts Staff would like more application regarding detail on 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 plan has submitted a detailed and traffic study that commits to applicant TDM plan increase includes use specific of alternative measures Transportation Demand Management TDM a zero growth project in terms of traffic The to reduce the reliance on the automobile and modes including carpooling biking walking and using Exhibit D GMQS Review Criteria Page 7 of 10 Specific shuttles proposed measures are for Aspen employees those living in timeshare units and members Club housing units owners and guests of the The plan has and guests of the Aspen Club Spa is met this criterion Staff finds Transportation Department the affordable 7 been reviewed the by requirements of the Efficient Building Code or for LEEDS certification as applicable A recommendation from the Building Department shall be considered far this standard The exceeds minimum proposal Staff Finding The measures The the program which requires specific be taken to reduce the overall environmental footprint of the development worked with Resource Group to do an energy use study of is applicant participating Applicant proposal see energy used on site exceeding The development applicant will that the heating and cooling improved and the and affordable the site after the To do today Pump GSHP loop for on the club building 8 use on pilot Engineering Application Appendix D Exhibit 2 in the to have the entire energy timeshare ND in the LEED use housing Applicant goal is s equal to or less than the The be use a Ground Source Heat insulation and HVAC systems of radiant floors for efficient heating in the units The applicant has also committed to City current energy code s Staff finds this criterion to be met proposal promotes sustainability of the local economy Staff Finding One of the sstated goals applicant with this project is to ensure that the Aspen Club The timeshare units will help economically viable business 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 and Spa remain an visitors in the help ensure it is attractive to locals and future Additionally the provision of rental affordable housing for club employees he 7 will provide opportunities for employees to put roots in the community envisioned for the club will timeshare units will be sold creating 9 The proposal subject tax revenue represents a to the Real Estate Transfer Tax RETT when they are Staff finds this criterion to be met desirable site plan and an architectural design solution Staff Finding Roazing Fork River which crosses the site The which will help Applicant will abide by all requirements for stream mazgin review However staff does not believe that the site plan preserve the riparian area natural feature During appropriately preserves or enhances this important create a larger open space Conceptual approval the applicant amended the site plan to this has created a large not believe Staff does on the lower bench of the property The site has enough azea a great asset in the and to preserve and enhance views of the river riparian area Exhibit G D MQS Review Criteria Page 8 of 10 stated to staff that the proposed mass scale and materials are intended to convey a residential scale that is representative of the s use The different buildings and uses in the area while also being true to the Club has done this by making the townhome units residential in character a applicant has In terms of architecture the applicant mix of pitched residential and flat roofs in the uses changing the friendly Staff has existing area blank a material modulation facade of stone and wood that is similar to of residential townhomes and typical of the club to be related to the concerns palate massing more of the articulated and pedestrian proposal Review proposal will be subject to Final Commercial Design Staff anticipates having SPA application following approval of the final PUD concerns related to the specific Commercial Design Review Criteria including Building Design and Articulation However the applicant has time to refine the In addition design The the between applicant now and the future review proposed has a water feature as part of the landscaping plan This the water feature is located in the middle of the site and runs from the lower bench to the site to connect the timeshare units upper bench There are paths that run through a to the Club and the parking areas In addition the applicant is providing permanent the Club trail easement for the trail running from the river to building and parking with applicant worked with planning staff and the fire department to come up additional paved areas way to provide adequate fire access without creating The area a The solution is the installation of grass pavers in The elimination or portions relocation of units 5 and 6 would of the upper bench help alleviate staff s area concerns At this time staff finds this criterion is not met the existing 0 The proposed development is compatible with the character of the underlying zone district uses in the surrounding area and the purpose of land Staff Finding family free market quite mixed with commercial single profit uses all on the adjacent residential family multi affordable housing and non as a properties Along Ute Avenue there are short term accommodations as well with and is use mix will fit in variety of residential uses Staff finds that the proposed consistent with the variety of uses on the immediately adjacent parcels and the overall The uses in the area are context of Ute Avenue be good addition to Overall staff finds this b The a project complies health and wellness program will Club services and to the community in general Staff believes the the existing proposed criterion is met Land Use Code and has obtained the Historic Preservation Commission the Planning and with all other provisions of the all necessary approvals from Zoning Commission and the City Council as applicable Staff Finding Exhibit G D MQS Review Criteria Page 9 of 10 Assuming Management Reviews are part of a larger application are approved by City Council this criterion is met The Growth reviews c these Director shall be directed to reduce the applicable Din subsequent 030 470 annual development allotments as provided in Subsection 26 Council years as determined appropriate by the Ciry The Community Development Staff Finding Community Development Director will reduce the applicable 112 pillows will be deducted from 2009 The from 2010 Staff finds this criterion to annual development and 12 pillows allotments as will be deducted be met Exhibit D GMQS Review Criteria Page 10 of 10 EXHIBIT E Amendments to the Land Use Code and Official Zone District 310 Chapter 26 040 Standards of review In 310 Sec 26 an amendment to the Official Zone District reviewing Map the Map amendment to the text of this Title an City Council and the Planning and or Zoning Commission shalt consider A Whether the proposed amendment is in conflict with any applicable portions of this Title Staff Finding Through met units 5 are B the review criteria outlined in the exhibits staff believes the requirements of the code relocation of some minor changes are suggested including the elimination or although 6 and reconfiguration Whether the proposed of internal paths Overall amendment is consistent staff finds this criterion to be met with all elements of the Aspen Area Community Plan Staff Finding goals in the Aspen Area Community Plan are met but has the AACP The Application meets a number of some concerns relating to other aspects of and has AACP goals related to affordable housing economic sustainability and arts and culture Staff believes that made changes has also made the goals a number of the Conceptual Review to meet goals related to transportation The Applicant the project closer to meeting changes to the site plan which Staff believes brings since related to community character design and open space environment Overall Staff finds this review criterion to be met Housing The Applicant is providing 145 of the required Affordable Housing which is outlined an important step in the AACP The helping the community meet the Affordable Housing goals is to create an affordable Housing section of the AACP states the intent of affordable housing and new housing environment that is appropriately scaled and distributed throughout existing mixes free market commercial neighborhoods Intent pg 25 This development proposal affordable The housing is scaled to relate to market lodging with affordable housing and free the adjacent Club building and other surrounding buildings in economic and social that Our housing policy should bolster our of community by integrating affordable diversity reinforce variety and enhance our sense all income ranges and housing into the fabric of our town A healthy social balance includes should endeavor to further that mix and to avoid segregation of types of people Each project would provide 12 economic and social classes by project Philosophy pg 25 This proposal Club Employees A mix of category 2 3 and 4 new affordable housing rental units for Aspen levels units are proposed which will ensure the housing is accessible to a wide range of income This section also states Exhibit E Rezoning Review Criteria Page I of 6 Managing Growth Managing Growth Chapter lists one of the main goals of managing growth as foster balanced community through integrated design that promotes economic diversity transit a well and pedestrian friendly lifestyles and the mixing of people from different backgrounds Goal the Club use as well as the E pg 19 The proposal will promote a mix of backgrounds through The AACP affordable residents and housing lodge visitors that will be proposed that promotes pedestrian of transportation transportation plan alternative modes is on site access Additionally to the a site and the detailed use of Economic Sustainability Sustainability section of the AACP recognizes that local ownership of business helps maintain our community s unusual character tends to return more money to the local economy and provides additional opportunities for upward mobility of people and that owned the community and its governments should support local ownership as well as externally The Aspen Club and 31 businesses that are locally involved Philosophy pg locally serving business The stated locals but it is a locally operated is owned by a variety of locals and non Further goal the Economic of this visitors proposal and to use The Club locals is to provide a new health and wellness opportunity for residents and the money raised through the timeshare sales to subsidize programs for services and events that are designed for locals including currently provides profit and their activities every Tuesdays with Michael program that highlights a local non of this week in the summer as well as periodic health lectures Staff believes that the concept outlined the Aspen goals is a one and will go a long way toward furthering the good Community Plan application Area The Economic efficiency Sustainability environmental section also states that it is important to and cultural and community responsibility The encourage sensitivity used the impacts utilizing altemative renewable energies and The applicant has committed to no net new energy use as minimize construction efficient materials in local LEED for applicant organizations and in construction Policies pg 32 This requires that development Neighborhood standards in developing the proposal the applicant is investigating using environmentally friendly techniques To that end new resource be done ways to various energy a result of this project Arts Culture Education The AACP states that arts culture and education acknowledged as profile and its future are thriving year round economy its vibrant international Club live work and learn Philosophy Pg 45 The Aspen Arts Culture provision and of office essential to as a s Aspen unique place to currently works to promote the Education of the Aspen Area by supporting local non profits through educational and wellness space and financial support and by facilitating members and community members at large The applicant has pledged to programs for Club continue this commitment if the application is approved Environment Space Environment section of the AACP discusses the need to preserve The Parks Open Space enhance and restore the natural beauty of the environment of the Aspen Area Intent pg 34 the proposal Staff believes the changes made to the application during conceptual review help Parks Open Exhibit E Rezoning Review Criteria Page 2 of 6 bringing the riparian area the site however staff believes the current mass detracts from the natural beauty of the area removal or relocation of units 5 and 6 would further help the development meet this section move into The in the direction of enhancing the ripazian area on the site and of the AACP This section also states that All Developments should be in accordance with the Wildlife and and the Environment map to protect sensitive Pazks Open Space is areas e g riparian corridor and Elk habitat Policies pg 35 The development has worked with he Pazks respecting the required stream mazgin setback and the applicant the riparian area Department to ensure that construction methods will not negatively impact Biodiversity map and the habitat Design The Quality Design Quality eclectic mix of section of the AACP asks that design styles to maintain and enhance the special diversity tempered by context The section also states that we favor sometimes not as opposed to arbitrariness Context refers made features sometimes first to region and the natural and man a town particular development Decisions measured historical then joining finally and color must materials texture scale massing form regarding by context Contextual appropriateness transcends style alone Philosophy neighborhood site retain and encourage an character of our community development be first pg 42 Staff believes the ideas put forward in the Application for a health and wellness facility are good have moved the proposal in the direction of goals and that the site plan changes at Conceptual Staff finds that the changes help combining this goal with the proposed architecture Further Club of character our community The Aspen ensure the development will enhance the special the Club Staff believes the site is unique and this Application proposes a unique addition to In terms of uses the project does a changes to the site plan begin to reflect these opportunities of a variety of uses In terms of to the immediate context which is comprised relating good job its context of being of massing staff is concerned that there is too much mass on the site given of units 5 and 6 would help better meet on the urban rural fringe The elimination or relocation the Design Quality section of the AACP Transportation The AACP has a number of goals and policies related to Transportation including and a policy that travel use patterns that enable support growth should be structured on compact mixed of trips Policies pg 22 Additionally by foot bicycle and public transportation for all types maintain and to improve the appeal of bicycling and the Transportation Chapter includes goals and requiring sidewalks as part by adding sidewalk connections replacing sidewalks walking the appeal of carpool or of development approvals where appropriate Goal C pg 22 and also vanpooling For a wide variety of trip types Goal D pg 22 The Transportation Chapter activities that includes a policy to require all employment school social recreation or other traffic impacts through support of alternative generate demand for travel to mitigate transportation modes in proportion to trips generated Policies pg 22 new The has worked with city staff to create a set of Transportation Demand Management tools that focus on alternative forms of transportation including carsharing vanpools and walking The applicant has also committed to installing a new sidewalk applicant TDM carpooling biking Exhibit E Rezoning Review Criteria Page 3 of 6 along Ute Avenue to make commitment to continue shuttles for Club employees Coordinated walking Whether the uses safer and biking more viable The TDM plan includes a of the Cross Town Shuttle and the use of coordinated vans and well as visitors who stay at other hotels but want to use the Aspen for the timeshare users Staff is also service at the use as pick up plan meets believes that the TDM C and proposed proposed policies of the AACP airport the goals and related to compatible with surrounding zone use and neighborhood characteristics amendment is considering existing land Transportation districts and land Finding Staf neighborhood proposal is for new timeshare lodge units it will function in a more residential nature than a typical lodge downtown which include a The proposed affordable housing is consistent with the adjacent properties proposed development is consistent with the character family homes consists of a variety of single family and multi The housing projects and commercial Staff finds this criterion to be met D The area Additionally adjacent parcels number of affordable uses of the effect of the proposed amendment on The and while the traffic generation also include and road profit non safety Staff Finding The s Applicant new traffic study indicates that Ute Avenue can accommodate the proposal In alternative modes of applicant has created a comprehensive fDM plan to encourage timeshare owners and affordable housing resident transportation for club users club employees to A safety plan which includes speed tables and humps for Ute Ave has also been proposed traffic zero in as to has committed growth ensure the road is safer for pedestrians The applicant Staff finds this criterion to be met a result of this project addition the result in demands on Whether and the extent to which the proposed amendment would amendment would exceed public facilities and whether and the extent to which the proposed such the facilities including but not limited to transportation facilities E public supply parks drainage capacity of sewage facilities Staff Finding The applicant has water schools and emergency medical facilities for any extension or improvement of utilizes if any are needed water flows for the The Applicant has contracted with a consulting firm to determine available for required fire needs The site That study has indicated that there is enough water capability with the ACSD on a realignment of the sewer The proposal is currently is agreed working applicant reviewed being by the to pay board of directors s engineer site drainage will be handled with According to a letter submitted by the Applicant runoff Further the s Applicant engineer some drainage improvements to maintain historic footprint to the existing tennis courts so an minimal The Applicant will be required to pay the expansion of the impervious surface will be If areas of the site are re applicable Storm Water Fee assessed by the Engineering Department recommends that the re paving utilize pervious paving paved as part of the redevelopment Staff reviewed the materials The Engineering Department has application and is working with the states that the timeshare units will have applicant to ensure there is a similar adequate drainage onsite Exhibit E Rezoning Review Criteria Page 4 of 6 At this time staff finds this criterion is met Whether and the extent to which the proposed amendment would result in adverse impacts on the natural environment F significantly Staff Finding ensuring the new development uses no more energy than the Club existing development This will be done through increased energy efficiency of the Aspen building and the use of a GSHP loop The applicant There are trees that need to be some Department all stream has committed to to ensure the trees aze removed but the properly mitigated has worked with the Parks applicant for In addition the applicant is abiding by mazgin requirements Staff finds this criterion to be met G Whether the character in the and amendment is consistent proposed City compatible with the community Staff Finding is required to required because of the SPA designation the SPA designation on the site Other pazcels in the immediate allow multi family Affordable Housing and Lodging Ranch and the Benedict Building The azea are also zoned with an SPA overlay Silverlining of the area as outlined in Review Criteria proposed development is consistent with the chazacter uses that are located throughout town and C above Both Affordable Housing and Lodging are and Aspen the Community The city are integral to the functionality of Aspen the Resort residential areas This has a number of small neighborhood lodges that are scattered throughout Staff finds this criterion to be proposal is similar to those lodges in term of size and chazacter The is Rezoning met A Whether there been have changed surrounding neighborhood which support conditions the the affecting proposed subject parcel or the amendment Staff Finding neighborhood already contains a mix diversity In addition there have been no The of uses recent and the changes lodging component in the address this kind of development Staff finds this criterion is not 1 Whether the whether it is in proposed harmony amendment would be in conflict azea or would add to that to the land use code that applicable with the public interest and with the purpose and intent of this Title Staff Finding known conflict There is no overlays housing in he azea and which is a an goal regazding SPA 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 timeshare development will s non profits and will enable to Club to continue to provide a home for many of the Valley 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 480 SUBDIVISION Chapter 26 Section 26 480 of the City Land Use Code provides that development applications Subdivision must comply with the following standards and requirements A General Requirements The proposed subdivision shall be consistent with the I for Aspen Area Comprehensive Plan Findin Sta Staff believes that some related to goals closer to meeting environment the Overall in the Aspen Community Plan are met but has The Application meets a number of Area aspects of the AACP affordable housing economic sustainability and has also made Applicant goals to other since changes has made number of the relating concerns AACP a Conceptual changes goals Review to meet to the site plan community related to goals arts and related to transportation which Staff believes character design culture and brings the The project and open space Staff finds this review criterion to be met Housing Housing which is an important the Affordable Housing goals outlined in the AACP step in helping the community meet 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 mixes free existing and new neighborhoods Intent pg 25 This development proposal The affordable market lodging with affordable housing market commercial and free housing is scaled to relate to the adjacent Club building and other surrounding buildings The is Applicant providing 145 of the required Affordable and social This section also states that Our housing policy should bolster our economic affordable diversity reinforce variety and enhance our sense of community by integrating includes all income ranges and housing into the fabric of our town A healthy social balance mix and to avoid segregation of types of people Each project should endeavor to further that economic and social classes by project Philosophy pg 25 This proposal would provide rental units for Aspen Club Employees A mix of category 2 3 12 new affordable and 4 units are housing proposed which will ensure the housing is accessible to a wide range of income levels Managing Growth as The AACP Managing Growth Chapter lists one of the main goals of managing growth economic that balanced community through integrated design promotes foster swell of and the mixing transit and pedestrian friendly lifestyles people from different diversity a mix of backgrounds through pg 19 The proposal will promote well as the affordable housing residents and lodge visitors that will be on site detailed transportation plan is proposed that promotes pedestrian access to the backgrounds Goal E the Club use as Additionally site and the a use of alternative modes of transportation Exhibit F Subdivision Review Criteria Page 1 of 6 Economic Sustainability that local ownership tends to return more money unusual character community s helps 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 serving and locally involved Philosophy pg owned businesses that are locally externally locals but it is a locally 31 The Aspen Club is owned by a variety of locals and non wellness operated business The stated goal of this proposal is to provide a new health and timeshare raised the through opportunity for residents and visitors and to use the money Further the Economic Sustainability maintain of business section of the AACP recognizes our sales to subsidize programs for locals The Club currently provides services and events that Michael program that highlights a are designed for locals including the Tuesdays with local and their activities every week in the summer as well as periodic health profit non Staff believes that the concept of this application is a good one and will go Area Community Plan way toward furthering the goals outlined Aspen lectures a long section also states that it is important to encourage resource community sensitivity in local efficiency environmental responsibility The applicant used the new LEED for organizations and in construction Policies pg 32 that development be done Neighborhood standards in developing the proposal This requires using environmentally friendly techniques To that end the applicant is investigating ways and various energy to minimize construction impacts utilizing alternative renewable energies The Economic Sustainability and cultural and efficient materials The applicant has committed to no net new energy use as a result of this project Education essential to The AACP states that arts culture and education are acknowledged as and its future as a round economy its vibrant international profile s thriving year Aspen Club currently works to live work and learn Philosophy Pg 45 The Aspen Arts Culture unique place Area by supporting local non to promote the Arts Culture and Education of the Aspen and by facilitating educational profits through provision of office space and financial support and wellness programs for Club members and community members at large The applicant has pledged to continue this commitment if the application is approved Environment Open Space Environment section of the AACP discusses the need to The Parks Open Space environment of the Aspen Area preserve enhance and restore the natural beauty of the review Intent pg 34 Staff believes the changes made to the application during conceptual on the site and help the proposal move in the direction of enhancing the riparian area mass detracts from bringing the riparian area into the site however staff believes the current the natural beauty of the area The removal or relocation of units 5 and 6 would further help the development meet this section of the AACP Parks the Wildlife This section also states that All Developments should be in accordance with and Biodiversity map and the Parks Open Space and the Environment map to protect The corridor and Elk habitat Policies pg 35 sensitive habitat areas g riparian e development is with the Parks riparian respecting Department the required to ensure stream margin setback and the that construction methods will not applicant has worked negatively impact the area Exhibit F Subdivision Review Criteria Page 2 of 6 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 chazacter of our The section also states that we favor diversity tempered by context community sometimes historical sometimes not as opposed to arbitrariness Context refers first to a region then town neighborhood and finally the natural and man made features joining 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 wellness facility aze put forward in the Application for a health and good goals and that the site plan changes at Conceptual have moved the proposal in the direction of combining this goal with the proposed azchitecture Further Staff finds that the changes help ensure the development will enhance the special chazacter of our community The Aspen Club site is unique and this Application proposes a unique addition to the Club Staff believes the changes to the site plan begin to reflect these opportunities In terms of immediate context which is comprised of a uses the project does a good job of relating to the is too much mass on the variety of uses In terms of massing staff is concerned that there rnral 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 Staff believes the ideas Transportation Transportation including a policy use patterns that enable and mixed that new growth should be all types of trips Policies pg support travel by foot bicycle and public transportation for and improve the 22 Additionally the Transportation Chapter includes goals to maintain and by adding sidewalk connections replacing sidewalks appeal of bicycling and walking 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 The AACP has Policies pg a number of policies related structured on compact goals and to 22 Demand applicant has worked with city staff to create a set of Transportation of transportation including Management TDM tools that focus on alternative forms committed to carsharing vanpools carpooling biking and walking The applicant has also safer and more installing a new sidewalk along Ute Avenue to make walking and biking Cross Town Shuttle viable The TDM plan includes a commitment to continue use of the 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 and also proposed for the timeshare users Staff believes that the TDM plan meets the goals The policies of the AACP related to Transportation 2 The proposed subdivision shall be consistent with the character uses in the of existing and area Subdivision Review Criteria Exhibit F 3 of 6 Page StaffFinding The proposed development is consistent with the character of the The area neighborhood multi homes as well as commercial non family family single variety is consistent with the adjacent profit and lodging uses The proposed affordable housing 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 consists of The 3 proposed subdivision shall surrounding not adversely affect the future development of areas Staff Finding Staff believes that this Most of the area and of a development area is at development opportunities or will not near adversely build out so affect the future there is not a development of the great deal of future Staff finds this criterion to be met 4 The proposed subdivision shall be in of this Title compliance with a applicable requirements Staff Finding Through code are the the review criteria outlined in the exhibits staff believes the requirements of criterion staff finds this met although some minor changes are suggested Overall to be met Suitability of Landfor Subdivision B a unsuitable Land suitability The proposed subdivision shall not be located on land or soil creep mudJlow for development because offlooding drainage rock natural other or or avalanche snowslide any steep topography rockslide hazard or other condition that wlll be harmful to the health safety or welfare of the residents in the proposed subdivision Staff Finding Fork River s mapped Applicant has located all development outside the Roaring as avalanche study par of the final year floodplain The applicant conducted an 100 in the blue zone According application which found the affordable housing units are of 30 to 100 years or a 1 to to the study blue zone avalanches have a return period have agreed to have 3 probability annually The applicant and Engineering Department Staff finds this the mudflow risk to be evaluated by the Colorado Geologic Survey The criterion to be met at this time b Spatial pattern efficient spatial patterns facilities that cause and unnecessary The proposed subdivision shall not be designed to create duplication or premature extension ofpublic inefftciencies public costs StaffFinding Staff believes that the existing public property is suitable for subdivision and utilities and services including transportation development in the area There Any are cost Subdivision Review Criteria Exhibit F Page 4 of 6 associated with utility upgrades will be borne by the applicant Staff finds this criterion to be met C Improvements The 580 shall be providedfor Chapter 26 be varied by special review See Chapter improvements set forth at the proposed subdivision These standards may 430 if the following conditions have been met 26 A 1 unique situation exists far the development where strict adherence to the design standards wouldresult in incompatibility with the Aspen Area Comprehensive Plan the existing neighboring development areas andlor the goals of the community subdivision applicant shall specify each design standard variation requested and provide justificationfor each variation request providing design recommendations by professional engineers as necessary The 2 Staff Finding The Applicant pursuant D has consented in the application to meet the applicable required improvements 580 Staff finds this criterion to be met to Section 26 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 with the new dwelling units shall be required to provide affordable housing in compliance 470 Crowth Management Quota System requirements of Chapter 26 units shall be Staff Finding new timeshare lodge providing 12 affordable housing units to mitigate the affordable remodel more housing than Further units No mitigation is required for the Club is required is provided by this proposal Staff finds this criterion to be met The E applicant is School Land Dedication set forth at Compliance with the School Land Dedication Standards 630 Chapter 26 Staff Finding The proposed subdivision is to Land Use Code providing land required Applicant proposed Applicant has consented to paying the applicable building permit issuance for development within Section 26 630 The fee at the time of to meet the School Land Dedication Standards The has pursuant lieu of in to pay cash school land dedication the subdivision Staff finds this criterion to be met Management Approval Subdivision approval may only be granted to I growth management development allotments have been granted applications for which a 470 26 or growth management exemptions have been obtained pursuant to Chapter Subdivision approval may be granted to create a parcel s zoned Affordable Housing Planned Unit Development AH PDD without first obtaining growth management the created approvals if newly s is required to obtain such growth management parcel F Crowth Exhibit F Subdivision Review Criteria Page 5 of 6 approvals prior to development through Ord No 44 2001 1 a legal instrument acceptable to the City Attorney StallFinding application has requested the necessary growth management development Staff finds this criterion to be met The allocations for the proposed Subdivision Review Criteria Exhibit F Page 6 of 6 April 28 2010 Jessica Garrow AICP Long Range Planner City of Aspen Community Development Department 130 South Galena Street Aspen Colorado 81611 Re Aspen Club SPA PUD Spa Subdivision Dear Jessica by City Council at the February 22nd and the March 31 2010 public hearing on this matter the Applicant hereby proposes that the following substantive commitments be incorporated in the approval Ordinance that is currently being In response to the issues raised considered 1 by City Council Reinvestment in Club This commitment Council requested further information with respect be made to the Club The commitment been 2 incorporated previously was as well as tendered to the City and to the significant in this revised commitment attached proposed improvements as detail in that regard to have Exhibit A Continuing Management Authority in Michael Fox Council has expressed some from Michael Fox concern that the managerial control of the redevelopment might pass to some other person or persons after final consequence of change of ownership approval is granted whether as a otherwise Pursuant to the commitment or Exhibit B the Club Owner agrees that Michael Fox will continue to be the Manager of the Club throughout the period of construction of the Aspen Club Living development being approved by the captioned Ordinance and until a final Certificate of attached as Occupancy is issued for the development As such Manager Michael Fox will have the authority to make all Club decisions relating to the development and relating to the approvals granted by the Ordinance Seven Year Vesting The issue of 3 seven the City Council process Given the commitments I ask full for the full I respectfully through the complexities seven briefly discussed through personally making to this project year vesting has been year vesting of making this project a am to ensure we are able to reality in a patient and navigate thoughtful manner 4 Energy Conservation This commitment preparation for the March 8 was previously Council meeting submitted to the City in At the March 31 Council meeting no expressed for this language Accordingly the original commitment is concerns were attached here 5 as Exhibit C Site Protection Fund A concern was raised at the last City Council meeting about integrity and safety of the site in the case construction was stopped for an extended period of time Applicant has worked with the city attorney and building department to draft an acceptable commitment This commitment attached as Exhibit D will operate independent of the Performance ensuring mechanism a was place in to protect the Bond and will provide funds with which the City can implement site protection security measures in the event of a stoppage of work authorized by the Foundation Structural Frame Permit and use the Performance Bond described below to complete all remaining construction 6 Performance Bond Financial Assurances Given the number of unfinished in the city currently about a concern was providing assurances that started would continue 7 8 on to construction completion City in preparation submitted to the on the Aspen Club Living project This commitment attached for the March 8 projects Council meeting as once Exhibit E was Council meeting Memberships A concern was raised by Council at the February 22nd City Council meeting about ensuring that the Aspen Club continues to serve local health club members Draft language was submitted to City Council in preparation for the March Council 8 meeting At the March 31 Council meeting changes were requested to the Local originally submitted Parking A This revised commitment is attached language concern was perhaps as part parking on site of the traffic We understand and respect where this concern the project were indeed a mechanism to completed safety issues and concerns are All Public Improvements A meeting about creating Exhibit F by the Mayor at the March 31 City Council meeting that management plan there should also be no increase in members guests and neighbors These Completion of as raised that this restriction would create real strongly 9 February 22 City raised at the outlined concern was ensure comes from and feel problems as for our Exhibit G raised at the March 31 Council public improvement related is willing to commit that no that all The Club Owner to certificate of occupancy for the Timeshare units and Affordable Housing units would be granted until all public improvements have been completed 10 Mass and Scale At the March of the project Council was changed was that the discussed mass and mass 31 City Council meeting the issue of the mass and scale At the conclusion of the meeting the consensus of the scale priority issue Accordingly proposed project was and scale of the not a have not 31 City Council meeting to change the plan management suggestion regards to having permanent monitoring of monitoring from twice a year in March and August traffic at the Club This is an expensive alternative but something we are willing to do 11 Ensuring no a was The other penalties Increase in Traffic on Ute Avenue At the March we to the traffic put forth with suggestion was to place a hard capon daily traffic going for exceeding this hard cap We feel that this is not a to the Club with reasonable request and is far and above anything seen in the city management requirements We are in the original traffic management commitment 12 as including willing plan and we our what was proposed additional Exhibit H 31 City Council meeting residential zoning that if this project should be extinguished was The eliminating the underlying residential zoning issuance of a appreciate beyond have attached Elimination of Underlying Residential Zoning We would the city s own self imposed traffic to go above and A concern was to go raised that the March forward the underlying applicant permitted is willing in the RR to commit to zone district upon the Certificate of Occupancy for the Aspen Club Living project your consideration of these proposed commitments Respectfully submitted Michael Fox Manager Aspen Club Spa LLC Exhibit A Reinvestment in Club a The Club Owner hereby commits and agrees that prior to the issuance of a final Living development approved by this Ordinance the Spa of 000 000 in upgrades to the existing Aspen Club 5 Certificate of Occupancy for the Aspen Club Club Owner will facility spend a minimum Improvements are anticipated to include but not be limited to structural improvements throughout Club refurbished cardio room new weights in weight room new cardio in cardio equipment area painting performance center yoga studio bikes new spinning new powertap equipment swimming pool lockers in men sand women slocker steam room sauna sand women in men s locker retiling and regrouting in updated room in sand men s locker women room room wet areas of locker rooms rooms spa massage tables new carpeting throughout new entryway Club underground parking safer new access furniture in upgraded new to Club reception area HVAC system heating and cooling control systems clean energy initiatives such as geothermal and solar upgraded insulation new patio furniture and umbrellas update salon salon furniture and fixtures phone system repair roof employee lounge TRX furniture System entrance to Yoga Studio cord coverings on TVs spa entrance fix snowmelt signage area Cardio Deck on outdoor deck replace steam units equipment in spa redesign retail space Spa facility Upon substantial completion of the upgrades to the Aspen Club a the Club Owner shall provide to the Community Development Department summary of the costs and expenses incurred by the Club Owner in accomplishing the upgrades which cost the Community Development Department summary shall be reviewed and approved by bj c A final Certificate of Occupancy shall not be issued for the development project approved by Aspen Club Living this Ordinance until the Community Development 000 in 5 Department is satisfied that the Club Owner has expended a minimum of 000 Club to the Spa facility Aspen upgrades connection with the Exhibit B a Continuing Management Authority in Michael Fox The Club Owner hereby commits and agrees that Michael Fox shall continue to be the Manager of the Club Owner Aspen Club construction of the Aspen Club Living Spa LLC throughout the period of development approved by this Ordinance and until a final development As such Manager Michael Fox shall Owner decisions relating to the Aspen Club Living Certificate of Occupancy is issued for such have the authority to make all Club development b the and relating to the approvals granted by Should the Club Owner change its this Ordinance ownership Michael Fox shall continue to have development period reorganized and or in such c In the otherwise unable to new unlikely perform Club Owner shall appoint a structure in some manner ownership entity event that Michael Fox becomes physically mentally his management functions during the development capable and responsible management authority during during comparable management authority the remainder of the successor or period the to hold and exercise such development period Exhibit C Energy Conservation An audit of the gas and electrical energy consumed a the building during square foot Aspen Club Engineering Group and summarized in consumption reflected in that report year period the Baseline Average preceding three years The Applicant hereby to the uses Timeshare Units and the Affordable Housing The b Applicant conducted by Resource written report dated November 24 2008 The energy 600 million Btu averaged 18 year over the subject three of all consumption was the existing 77 000 a the redevelopment of the Property pursuant average annual energy by commits and agrees that approvals granted of the Property Units following in this Ordinance the including the Club the will not exceed the Baseline Average commits and agrees that the this Ordinance Building Permit Application for the Spa including the Aspen Club Aspen Club Living development approved by such energy facility upgrades discussed in Section 24 below will include the installation of conservation mechanical components firm in order existing systems may be engineering consumption Baseline Average for all anticipated uses of the the Club the Timeshare Units and the Affordable Housing Units The specifications and recommendations reviewed and approved by Building as other qualified or to achieve the energy including Property the provided by the qualified engineering firm must be and the Canary Initiative staff before City Building Department Permit is issued The c Performance Bond Applicant on the is also committing to project prior Performance Bond shall also cover components including upgrades Building to and recommended by Resource Engineering Group designed the including upgrades to provide to the issuance of a a copy of a Permit therefore The Building the City with the installation of the energy consumption mechanical existing systems that are incorporated in the approved Permit The final Certificate of Occupancy for the Aspen Club Living d approved by this Ordinance shall not be issued until the Building Department development has demonstrated to the Applicant required energy conservation existing systems have in fact been installed by and Canary Initiative staff that such mechanical components including upgrades to Applicant e Within 30 days following the expiration of the period following the Living development the one issuance of the final Certificate of Occupancy for the Aspen Club year the Building Department and Canary Initiative staff with a report said one year period With summarizing the energy consumed by all uses of the Property during such report the Applicant shall provide the Building Department and Canary Initiative staff with Applicant shall provide of all energy bills used to prepare the report for purposes of verification by the City If such report concludes that the energy consumed by all uses of Property during said one year within 30 days following the date of the report the exceeds the Baseline copies period Applicant Average shall open an County Title Inc subject to Escrow mutually approved by Applicant and the City Attorney and shall Escrow Account with Pitkin Instructions that have been fund that Escrow Account with the sum of 00and shall 000 100 provide deposit During the ensuing one year period the Applicant effort to bring the Property senergy consumption into compliance of such the City with evidence shall make a good faith with the Baseline Average f for the Aspen Three years following the date of issuance of the final Certificate of Occupancy Club Living project the Applicant shall have Resource Engineering Group or other qualified engineering firm perform a complete energy audit covering all uses of the Property during the preceding three year period and averaging the energy consumption of the Property If such audit concludes that the energy consumed during said three over said three year period year period exceeds the Baseline Average the engineering firm perform on the Property and thereof operation which to make such changes of the audit in or other qualified the to the upgrades the promised system as an Applicant shall have Resource Engineering Group updated evaluation of the energy systems and the Applicant shall have the year following the date in the operation of the energy system may be recommended Baseline Average The Applicant by said or and such firm in order to achieve engineering right to draw shall have the funds from the Escrow Account to pay for such remediation efforts Similar audits will be g following project in performed four years and five years respectively the date of issuance of the final Certificate of Occupancy for the Aspen Club Living each instance covering the consumption of the Property compliance preceding three year period over said three year with the Baseline Average then the the energy consumption upgrade the engineering on period Applicant and shall continue its the Property pursuant to the firm and shall have the right averaging the energy If either of said audits reflects previous good a non faith efforts to recommendations of to draw funds from the Escrow Account to pay for such remediation efforts If said fifth year audit determines that the energy consumption h on does not exceed the Baseline Average the Escrow Account shall be closed and all funds therein shall be returned to the required and Applicant no further energy reports If said fifth year audit determines that the energy consumption audit six years Applicant following the date for the Aspen Club Living project covering the energy consumption of the Property shall continue until such time Property does as an consumption shall be obligated to exceeds the Baseline Average the over provide or remaining audits shall be of the Property an additional energy of issuance of the final Certificate of Occupancy preceding three year period and averaging the period Such annual audit obligation said three year audit determines that the energy consumption not exceed the Baseline the Property Average on the Exhibit D Site Protection Fund hereby The Club Owner a commits and agrees that before a Building Permit is development approved by this Ordinance the Project the 000 in Club Owner will deposit with Pitkin County Title Inc Escrow Agent the sum of 100 the form of cash or wired funds the Escrow Funds and will execute an Escrow Agreement issued for the Aspen Club Living and Instructions with the Escrow Agent which recites and agrees b In the event construction work on the to a final longer work stoppage prior Structural Frame Permit Foundation on site and improvements from the an Project as cease then the City for sixty 60 days protecting or the Project site to otherwise pose by and securing the the elements or and from trespass improving attractive nuisance or the in its discretion may draw needed for purposes of damage by unauthorized persons and for purposes of that it does not become shall follows inspection by the City of the work authorized upon the Escrow Funds from time to time Project Project as a a by safe condition such threat to neighbors or other persons remaining balance thereof shall be returned to Owner upon completion by the City of a final inspection of the work authorized by the Structural Frame Permit on the Project Foundation c The Escrow Funds d The City shall be the express right and authority a or any named third party to enforce the same beneficiary Club of the Escrow Agreement with from time to time Exhibit E Performance Bond Financial Assurances The Club Owner commits and agrees that before a a Permit is issued for Building to Living development approved by this Ordinance the Club Owner will provide for review and the City Building Department and the City Attorney approval satisfactory evidence that the Club Owner has in place sufficient financing to accomplish and complete the construction of the development including all improvements covered by the Building Permit all SPA Agreement and the Aspen Club PUD public improvements required under the Subdivision the Aspen Club a Spa upgrades provided for in Section 3 above Such financing may include without limitation construction loan from an institutional lender or lenders and equity capital investments from the Club Owner b Building to the or and third party investors Supporting cost estimates for all improvements covered before the issued for the Aspen Club Living development issued to the or approved to which the surety agrees to provide the construction of the improvements covered under the Permit is a by the Performance Bond by an institutional the funds necessary to Building Permit all public Subdivision Agreement and the Aspen Club SPA PUD improvements required upgrades The Completion Bond shall or Building a by this Ordinance the Club Owner will sGeneral Contractor committed to be issued to the Club Owner beneficiaries requested Permit is issued City Building Department and the City Attorney for review surety company pursuant complete Building The Club Owner further commits and agrees that before c the the Club Owner sGeneral Contractor and shall be delivered Permit shall be prepared by City Building Department for review provide by insureds thereunder name the Club Owner and the City of Aspen as Spa additional Exhibit F Local Memberships The Club Owner a hereby commits and agrees that from and after the date of issuance of the final Certificate of Occupancy for the Aspen Club for so long as the Property Resident more than 50 percent of the dues paying members of the Club will be holders of in the Club The criterion for a Resident Membership is that the holder Memberships reside in the b and Living project and continuing approved use of aCity the timeshare condominium form of ownership remains Roaring Fork One year annually thereafter Valley for following more than 6 months each year the date of issuance of said final Certificate of Occupancy 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 c members of the Club hold Resident whatever steps may be Residential Memberships in the Club the Club Owner will take to increase the ratio of Resident required Memberships to greater than Membership vs Non 50 percent In the event the next annual audit reflects continuing non compliance with the requirement that Resident Memberships exceed 50 paying Memberships in the Club then the Club will reduce the cost of percent of the total dues a its 10 every 6 months until the Club is again in that Resident with the requirement Memberships exceed 50 percent of the total in the Club The membership rate will be allow to memberships for local profit employees by non compliance paying Memberships dues increase from that point only paying members profit non if Resident Memberships continue to exceed 50 of the total dues Exhibit G A question came up at the Aspen Club with proposed a the appropriateness of increased meeting regarding to our commitment to not increase traffic on regards parking and the practical matter the basic inconveniences for new Aspen our residential units Club is under required by as parked today members and PT patients to parking they fell on a slippery Ute s Clinic Valley Women avenue problems ranging from downright dangerous parking space at the Club This leads to placing them in a lot in the middle of winter and further injured happened woman Imagine if this new code situations We have had instances where PT patients could not find drove down to the Ute trail at Ute Avenue The site parking spaces for the project is almost entirely for the increase in on employee housing As last our Parking to a pregnant themselves going as to All negatively impact our neighbors and will increase traffic on Ute Avenue which is the opposite of what we are trying to do with Aspen Club Living People who s parking lot will either park on the street drive back cannot find parking in the Aspen Club down Ute Avenue to the Ute trail or drive around town to the Crystal Lake parking lot In some will also Inadequate parking cases they more traffic and parking even take a more While there others such as of this If the Aspen Club are some on a on of us who trying to find a than neighborhood can more moms easily who parking space This creates simply providing adequate transportation choose alternative are running shuttle for kids or right after work cannot the convenience of working out at lunch or bike or bus being proposed almost anywhere else in the country zoning compliance we have more parking on site not less For a health club use typical zoning between 4 and 5 spaces per 1 000 sf of Club 308 and 385 spaces based in its burden in the lots was would require that requires a parking parents with small children who count professionals easily negotiate between loop on the existing 000 sf 77 or in the building case of the Aspen Club between The Club is proposing 133 spaces plan Restricting the amount of spaces at the Club directly hurts the feasibility of this project endangers our members patients and guests and creates dissention with neighbors We have wholeheartedly committed to having no increase in traffic on Ute Avenue due to the project That is a worthy goal and a clear community benefit Artificially restricting parking at the Club creates a dangerous situation at the Club that we do not believe to be fair or practical Exhibit H In addition to the a has agreed to the Club no Ensuring owner Increase in Traffic existing Traffic is willing on Ute Avenue Demand Management to commit to installing hourly a and on an Owner would have this system reviewed and by the Transportation to basis daily monitor traffic coming into the Club from Ute Avenue approved program the Club TDM traffic counting system to The Club Department prior building permit issuance The b Club will Owner be for responsible maintenance of the system The Club Owner will also have in the event that the installed system malfunctions shall be provided to the Transportation Environmental Health Departments project receives d average daily e a The Club will be we June and Engineering July through Community December and Development January 15 and July 15 annually for five years after the required to maintain average AM traffic below the target levels for each annual The report will indicate both required components will be brought shall be by method of counting traffic CO also include status of f up aback and installation purchase does not work at any time covering January through annual Report A bi c or the to daily and peak and The Report shall traffic counts compliance Non with TDM required City Council for discussion and action if needed If the Club Owner does not meet the required average PM period hourly TDM program components peak to pay the cost of time and the goal of zero traffic growth operating zero growth goal for two 2 years the Cross Town Shuttle for six fi institute met as a months paid parking at the Club until we can show approved by the Transportation Department the rate in effect at that in we row at have Exhibit Z 5 May 10 Proposed Ordinance 2010 Public Hearing Language Section 18 Transaortation with all aspects of the Transportation Demand Management TDM TDM Plan and the TDA Traffic Study plan attached to this Ordinance Exhibit A The attached as Exhibit B shall be recorded as part of The Agreement The Applicant shall comply to building permit submittal may update the traffic counts and TDM Plan prior This shall be conducted after working with the Transportation Community Development and Environmental Health Departments to ensure compliance with all approvals The Applicant Engineering Any changes to the TDM plan based on updated traffic counts by the Transportation Engineering Environmental Health Departments Any updated of August traffic counts shall take place in the I two must be reviewed and and approved Development Community weeks of March and the ls two weeks Transportation Demand Management Plan with the City Staff prior to submittal for building permit application This meeting shall include the Applicant a representative of the Transportation Department a representative of the Health Department and the Engineering Department a representative of the Environmental The Applicant shall conduct a meeting to review the a scase planner Community Development Department Applicant shall be required to install a traffic counting system to monitor traffic on an hourly and daily basis The system to be installed shall be reviewed at the above referenced meeting and must be approved by the Transportation Department prior to building permit submittal The Club Owner shall be responsible for the purchase installation and maintenance of the system The Club Owner shall also include aback up method of counting traffic in the event that the The installed system malfunctions or does not work at any time December shall be Report covering January through June and July through and Environmental provided to the Transportation Engineering Community Development Health Departments by January 15 and July 15 annually for five years after the project receives a CO The report must indicate both daily and hourly traffic counts The Report shall also include annual A semi the status of required TDM program components For each year the Club does not meet the zero staff reviews the growth goal the annual reporting obligation shall be extended by one year If and finds it is not in compliance with the TDM Measures or does not include the required report reporting information the s issue shall be brought to City Council for discussion and action if needed growth goal for two 2 years in a row they shall be required Town Shuttle at the rate in effect at half1 to pay one 2 the Annual cost of operating the Cross that time and institute paid parking at the Club until they can show they have met the zero Environmental growth goal in some other way as approved by the Transportation Engineering If the Club does not meet the Health and zero Community Development Departments Exhibit Z 5 May 10 Club Aspen 010 Public Hearing Living TDM PLAN GOAL Have zero growth Club Aspen in traffic levels Living Project traffic levels to the coming on while Ute Avenue creating a to the coming safer street Club Aspen Based as the current TDA on Club shall remain at their stated baseline of Daily Trips AM average peak trips and result of the a Report Average average PM Annual peak trips A a1E n to p e t p 4 eu pt te deed ew se t 1 i t t l e and r T a p 311 d A d b revised traffic study shall be be conducted daily for Transportation and it is conducted to submittal for required prior Engineering Departments The study shall be used to listing the Average Annual Building Permit and shall include period a one a daily hourly this TDM Plan including Peak Tries and PM Peak Trips but study counts shall approve the method of the traffic update Dail AM ps and This The before study not shall limited to off of Ute Avenue BACKGROUND The goal in traffic of City traffic of Aspen Club on Living Ute Avenue due to Aspen Transportation engineers is to this create both project staff and who have been used by a safer Ute Avenue To achieve these engaged TDA the City goals locations in the have a designated Transportation of their in vicinity including job description perpetuity of Aspen to help counting system In Ute Avenue and the Aspen as limit any Transportation responsible Denver respected us create a set high season Club entrance of traffic for the continued with the safety traffic counts at The Club will as a function Coordinator shall manage all TDM programs operation addition the Aspen Club will remain Transportation Options Program growth have consulted with the Coordinator who will manage all TDM programs The Club and shall be we well Inc of Seattle and management tools Baseline conditions have been established via key as Transportation an and maintenance of the traffic active member of the Coordinator acting as the s City s City contact TARGET GROUPS Ordinance No 2 Series 010 Exhibit A Aspen Club TDM Plan Page 1 of l3 5 Exhibit Z May 10 A unique challenge distinct needs The following associated with this Aspen Club Living project is the existence of TDM program establishes a a 2010 Public variety variety Hearing of user groups with of tools targeting the groups Employees commuting to Employees living Club affordable the Club site in on Aspen housing Club members Club guests Aspen Club Living owners Ordinance No 2 Series 2010 Exhibit A Aspen Club TDM Plan Page 2 of 13 L O U O a N O Y k d fn L O U c x L Lit a v a L W a a C C C O a C R U N O d O N d V O ti VJ O O U U a 4 a Q a p a y y y N a G k X y O z V l aO 0 w C U c 7 C 7 7 3 7 7 7 O O U U fd lO U O y y s T p 0 U v U U U U L L L L U O O U U U U N U U U N c0 tl ttl cE etl etl O c0 tE y y y y y y y y y k Vl Vi y V C O c O t Y L y C O L p Y C O 0 c c k X k k iA VI i V N c c c L L t L G Y Y Y L Y o L Y L 0 G V Y U O y E o n C O c O Y L Y C k X y 41 3 s U G O y i Ld k h y 7 L V V 0 C 0 C O U U U U a a a a O U U U U a a a a a c c c c O Y c 00 l 0 C O L a o C td f a k U a S y o U U U W L a L U L L v w W U y V 0 O ttl a y L N 0 C i U C Y L O o C y Y o L a C p c o U U a O 00 7 Vl V1 O O U U U U U U U N U N U U N N bD bq bD bq bq b0 Oq bq bq bA b0 00 bq bq bq U b0 0 4 0 0 0 bD d d L y 0 0 0 0 0 A 0 0 0 0 0 ti C 1 0 c 7 7 3 a L m d eq i i a i i i i Y N N N N N N O O O O O O O a a a a a a a W 7 y W W W A C p O 0 W 0 7 O 3 O o y L E W N N O O a N a W W C s N y O O a W N L O y O L ai o a ai o W a a A h e e eu 0 A rl c U o 7 U V Q d U c d on on y L C Y p Yi ed o cai K U a fi 2 a d G y I N y Q F k W p a G O r Y L G c tl CQ U U C U v ai U O L a a L d 8 a v fx S T Q C U U W W N C y L N z L U O x L Ld V U c U W 3 NU d U V d N O z U R v U L fC t O y A U U C O L U F c G L Y 0 G O U d Y G O k L N O U M 1 F o r d A i d O L O e0 N Y a O L Y x L lE O L G O N U p U O O w 7 L U r d 7 L G O a 0 U C c L U U C G O O rn U C ed a s W U G C L y U c LY O v U G U Y L O a 3 ti C Y C y ti U L Y L ti y Cd y ti N M O oq 0 Exhibit Z 5 May 10 Aspen Club 2010 Public Hearing TDM Measure Detail Living FIXED ROUTE ASPEN CLUB SHUTTLE The Aspen Club will provide shuttle service would augment the Cross Town Shuttle to and from the Club services operating on a at regulazly scheduled intervals These fixed route and schedule Details a Shuttle vehicles will be reduced emissions b Shuttle service will be free of charge for a Signs and and other information if permitted at d The shuttle will be e The shuttle schedule who employees E the routes and times will be and guests posted materials and inside the marketing will coordinate pickups arriving Rubey departing are owners and drop offs trips to the Aspen Employees a This service will be facility Pazk to minimize total Club will be allowed g Club best accommodate to The shuttle route schedule will be coordinated with hotel partners shuttle at the and other locations in town in Club publicized emission zero employees members identifying Rubey Park or to access shuttle service for lunch errands etc Schedule and winter summer Weekend Labor seasons Day the Ski Mountains demand experience the provided half hourly Peak Peak winter from 7 AM summer season season is defined These hours may be increased but will not be to 9 PM every less 13 round morning 8 30am mid 9 day 12 30pm 1 is defined as or day during as peak Food and Wine December 15th the Close of decreased depending trips daily operating and the at on actual approximately evening 4 OOpm peak hours 6 on the half hour and the hour b During that at shoulder a seasons minimum otherwise with the season c may be and before 7 AM and after 9 PM there will be scheduled service remain within those trip Transportation department numbers outlined 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 place described above the Club will be required per day to the operation of the Cross Town Shuttle Exhibit Z 5 May d airport order to the town in service keep will be provided sepazately Service to the Hearing town service in from the scheduled in In addition fixed schedule on a 10 2010 Public shall be provided on demand only to avoid unnecessary the airport service trips Phasing A complete City of Aspen Occupancy As shuttle an plan detailing the Club shuttle Transportation Department This plan must alternative to as a fixed route later six months service the Aspen prior to the issuance approved by the of a Certificate of Club may contribute to the discussed above If this arrangement operate demand only in order to minimize on shuttle plan must be schedule and stops must be meet the conditions discussed above operating Cross Town Shuttle no s route trips approved by Transportation If this staff no operation of the s van service will is selected the Club arrangement is selected later than six months a prior demand detailed on to the issuance of a Certificate of Occupancy DEMAND ASPEN CLUB SHUTTLE ON The Aspen Club will provide and other azeas not served an by the demand shuttle service to on serve guests traveling from the to airport fixed route service Details a Shuttle vehicles will be reduced emissions b demand service will be free and available to Club members On c demand service is meant to On replace fixed route service serve during peak a emission zero 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 replace as or during off seasons Schedule daily during Club hours of operation Phasing demand shuttle A detailed on later six months discussed above prior to the plan must be approved by the City of Aspen Transportation Department no issuance of a Certificate of Occupancy This plan must meet the conditions Exhibit Z 5 May 10 2010 Public Hearing BUS PASS SUBSIDY The Aspen Club will provide reduce priced bus passes for employees to use RFTA The Club subsidizes 50 of employee sbus passes Subsidized bus passes will remain in currently place Phasing This is subsidy measures to be of Occupancy currently in The program place provided to Transportation Measure to remain in no place be marketed to must employees with marketing later than six months after the date of issuance of Certificate in perpetuity unless approved for discontinuance by the Transportation Department CARPOOL MATCHING The Aspen Club will organize carpools for employees who have to commute to the Aspen Club Details a First priority Transportation will be to match with employees other employee via the Club s Coordinator b Carpool matching will be c If no match is found software will be used discussed house in during the City new hire orientation of Aspen TOP program and carpool matching to seazch for external matches Phasing This program must be approved by Transportation Department the date of issuance of Certificate of Occupancy marketing measures to be provided to the Transportation Department The program Transportation Certificate of Occupancy Measure to remain in and in place no in place must no later than six months after be mazketed to employees with later than six months after the date ofissuance of perpetuity unless approved for discontinuance by Exhibit Z 5 May 10 2010 Public Hearing CARPOOL PARHING Preferential carpool parking spaces will be provided spaces will be and located in the for provided pazking carpooling employees area on Lots 14A A minimum of 3 carpool to the 14W closest to the path to allow preferential Aspen Club Details spaces will be a Carpool b Approved carpools designated will be with provided signage with a tag or permit access to spaces c Carpool pazking spaces d Employees parked in will be monitored carpool by Transportation spaces without Coordinator appropriate tags permits will be written up Phasing This program must be approved by Transportation Department the date of issuance of Certificate of approved for discontinuance by Occupancy the Transportation and in place no Measure to remain in later than six months after place in perpetuity unless Department RESTRICTED PARHING Employee pazking will be limited to the Crystal Lake Parking lot located on Lots 14A 14W Details is not allowed in Ute Avenue a Employee parking b Preferential c Parking d Employees parked inappropriately will be parking will azea be parking lot provided for employees will be monitored by Transportation who carpool Coordinator written up Phasing This measure discontinuance is currently in place Measure to remain in place in perpetuity unless approved for by the Transportation Department NEW HIRE ORIENTATIONS At all options new for hire orientations the commuting Aspen to the Club and Club will reducing provide information traffic on Ute Avenue on all the different employee Exhibit Z 5 May 10 2010 Public Hearing Phasing This program must be approved by Transportation Department the date of issuance of Certificate of approved for discontinuance and in place no Measure to remain in Occupancy later than six months after place in perpetuity unless by the Transportation Department EMPLOYEE INCENTIVE PROGRAM The will create incentive Aspen Club for plans bikers walkers and RFTA riders carpoolers Details a Program will consist of gift cards punch cards prize drawings end of season raffles or 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 to be provided to Transportation later than six months after the date of issuance of Certificate of Occupancy Measure to remain in perpetuity unless approved for discontinuance no place in by the 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 who take the bus to work but for This will give employees a sense in implementing one reason or an another ofcomfort 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 currently in place Measure to remain in by the Transportation Department place perpetuity approved for Exhibit Z 5 2010 Public May 10 Hearing MEMBER INCENTIVE PROGRAM The Aspen Club will shuttle or create an incentive system for members who walk ride their bikes or take either our the Cross Town Shuttle to and from the Club Details this incentive system will be provided in a Information b Members will have c Incentives will for prizes on a punch card system to track their potentially consisting of gift cazds membership use materials of alternative prize drawings or transportation end of season raffles and rewards Phasing Program must be in place no place Measure to remain in later than six months after the date ofissuance of Certificate of Occupancy in perpetuity unless approved for discontinuance by the Transportation Department HOUSING PREFERENCE Preference for a car at the alternative to access Aspen Site Affordable On Club The Club will also transportation programs provided Housing would be given develop in move in to packets employees that will 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 caz rentals Details a The Club will arrange for discounted well b as Trips for Aspen Club will be charged Living at the car rentals for our employees owners negotiated discounted car rental rates site as who live on Exhibit Z 5 May 10 2010 Public Hearing BICYCLE FLEET Shazed bicycles Living owners will be available for employees as well as tenants of employee housing and Aspen Club Details a A minimum of four bicycles will b Bicycles will c A check out check in system such be maintained be available at program by the outset s maintenance staff Club as using electronic ID cazd will be for implemented use d The program may expand as needed based on usage Phasing Program must be Program must in place no be marketed later than six months after the date of issuance of Certificate of Occupancy to employees with mazketing measures to be provided to Transportation later than six months after the date of issuance of Certificate of Occupancy Measure to remain in perpetuity unless approved for discontinuance by the place no in Transportation Department CARSIIARE PROGRAM A Carshare vehicle will be Aspen Club Living available on site for employees living 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 possibly using Club Issues to be addressed include i ii iii Ownership of vehicle Access to the vehicle Payment of maintenance and Transportation Depardnent operating costs will the services of CAR TO Exhibit Z 5 May 10 010 Public Hearing Phasing A complete plan approved by of the Occupancy for the implementation of Transportation Department This plan must include no site carshare on program an later than six months prior to must be presented to and the issuance of a Certificate at a minimum 1 ownership Purchase 2 Type 3 s Parking location 4 Allowable 5 Vehicle 6 Operations plan including reservations 7 cost sharing plan Subsidy of vehicles ofvehicle s customers replacement plan access fueling insurance for CAR TO GO should CTG operate the vehicle MONITORING PROGRAM The effectiveness ofthe program will be measured in several ways 1 The Applicant shall be required to install and daily basis The Club maintenance of the system is a traffic counting system to monitor traffic responsible for the purchase installation on an hourly operation and The Applicant shall also include aback up method of countine traffic in the event that the installed system malfunctions or does not work at any time The system to be installed shall be reviewed and approved by the Transportation and Eneineerin Departments prior to building permit issuance Fl r n Tr rinaa iil4at Report covering January through June and July through December shall Transportation Engineering Community Development and Environmental a annual Asemi b by January 15 and Julv l The report must annually for five years after the mil indicate both daily and hourly traffic the zero growth foal the annual project Tlie counts include the status of required TDM program components For each year the required reporting information 2 Survey be the issue s shall brought to City of above target groups to to the Departments receives eport Rt a CO shall also one or l o n year If staff does not include r a nn Tr Council for discussion and action if needed ensure Annua surveys must be pre approved provided the Club does not meet reporting obligation shall be extended by reviews the report and finds it is not in compliance with the TDM Measures vcir be Health their knowledge of and participation by the Transportation Department in the programs Exhibit Z 5 2010 Public May 10 3 Results will be summarized in Memorandum form year trends to 4 The are readily Hearing with tabulations and charts complete so that apparent Transportation Department require may interim check insas necessary CHANGES TO THE PLAN Ifthe Applicant numbers per hour Plan the are chooses to update peak trips must with all hour per must be conducted Transportation Engineering compliance traffic counts from the baseline in the current TDA different than the current counts done and X64 PM This update the prior then the and TDA 610 trips S Environmental Health and the approved by to the TDM per shall also be Applicant to submission for a approvals Any changes be reviewed by day 54 AM required building permit to and those study peak trips update the TDM and must be reviewed Community Development Departments plan based on revised base line traffic Environmental Transportation Engineering by for counts 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 show that the a plan for zero the approval by Community Development Departments following suggested TDM is exceeded growth goal at any time the Aspen Club will be Transportation Engineering that shall include but is to not cntal a inr 1 ir ieait f d limited to 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 of club activities to avoid aggressive paid parking converting for for employees avoid peak hour peak hour parking and guests spaces to carpool onl congestion congestion internal and external education employees and guests spaces a variety of the Exhibit Z 5 May 10 other measures as approved by 2010 Public Hearing Departments the listed above If the Club does not meet the zero rowth goal for two 2Zyears in a row they shall be half 1 2 the Annual cost of operating the Cross Town Shuttle to pay one that time and institute show paid parking they as approved by the Transportation Community Development Departments growth goal Health and at the Club until in some other way can they at required the rate in effect have met the zero En ingL eerin Environmental at t u c 2aoR 1k P b wc Jessica Garrow Cathy Zimmer czimmerpt@yahoo com 47 PM Friday April 30 2010 12 From Sent com letters@aspendailynews com erobinson@aspenclub Mick Ireland forward Steve Skadron forward hitorre@aol com Jessica Garrow Romero com djohnson@aspensnowmass Dwayne support for Aspen Club Living Project To Cc Subject first hand the energy and enthusiasm of the Aspen Club the Club s commitment to individual and community wellness its function and When one experiences staff and observes the extent of importance to Aspen becomes variety of local community health related services including a top rate Physical Therapy and s Care offering donation Sports Medicine Institute gym facility and the local office of All Valley Women its based Saturday Community Yoga classes and most recently extending physical therapy services to include an in town clinic location at 100 East Main Street the Aspen Club not only employs many locals but also reveals its commitment to being an integral vital and vibrant part of our extended community By supporting the Aspen Club Living project we not only support a cause that supports all of us but also expand upon a valuable community asset and help keep its vision sustainable Cathy Zimmer clear Housing 9438 544 a Jessica Garrow nicole chambers From Sent com nmc549@gmail 11 AM 2010 10 Mick Ireland forward hitorre@aol com Steve Skadron Steve Skadron forward Dwayne Romero Dwayne Romero djohnson@aspensnowmass com Jessica Garrow Tuesday April 27 To com com letters@aspendailynews mail@aspentimes Letter in support of The Aspen Club Living Project Subject s years and Aspen Club Living Project I worked at The Aspen Club for almost 3 be for time there Michael Fox on to a different in life I will moving chapter always grateful my currently started the front desk He then me in furthering my me be a of his team when I at the to supported gave opportunity part I am even writing this letter in support of the though I career in a am marketing position He believed in my capabilities and potential sales City Council should give him that same opportunity for success I believe that Nicole Chambers and gave me the opportunity to succeed Jessica Garrow com jeanette@darnauer From Sent 17 PM Sunday May 02 2010 11 To Jessica Garrow Cc Allison Miller FWD Ute Avenue Subject Summary Attachments Neighbors Applaud Zero Traffic Commitments of P straffic enforcement concerns ideas Z doc Jessica Since I wrote this letter record That means directly to Council I should send it to you also so it becomes part of the official pieces of correspondence from me in the packet there should be three different Thanks Jeanette PS Bob Hoover will have a letter to you in the morning Original Message Ute Avenue Subject Neighbors Applaud com jeanette@darnauer From Date Zero Traffic Commitments 32 pm Sun May 02 2010 7 net mick@sopris To Mick Ireland Cc Steve Skadron aspen stevesk@ci Dwayne Romero us co us co aspen usDerrick Johnson derrick@ci co aspen dwayner@ci May 2 To cc 2010 Aspen Mayor Mick Ireland Steve Skadron Dwayne Romero Derrick Dear Johnson Mick On behalf of my clients many of the Ute Avenue neighbors I would like to say thank you for balancing the needs of the Aspen Club with the needs of residents both in the Ute Avenue neighborhood and throughout Aspen I know that many of the citizens whose voices you heard through letters at Council meetings and in the newspaper also share our gratitude We greatly appreciate your concerns over traffic issues and applaud you and your colleagues For your commitment to zero traffic growth for the Aspen Club expansion You accurately stated that this is the heart of the objection in the neighborhood and we are pleased that you find it a legitimate objection Specifically we appreciate your desire to decrease the parking spaces and minimize the impacts on the neighborhood through a series of tough steps in the traffic department We hope those steps also recognize the increased traffic that will occur as a result of the service vehicles required to maintain the timeshares and the employee housing units your suggestion of putting in baseline traffic levels are exceeded However We also against support a current baseline is insufficient a counter and as consequences if realize simply tracking future traffic imposing m sure you I Stringent requirements severe and enforcement mechanisms are needed if you hope to accomplish your goal We believe that those tough steps must be identified and 31 3 agreed to in the Ordinance It is also vital that the severe consequences you talked about at the 10 meeting be clearly known and committed to in the Ordinance s there and protect that your primary concern is the need for a tool to maintain what But obvious adverse that tool needs to be determined the people against the most impacts again The neighbors and the town need assurances i e enforcement measures in order for the neighborhood We liked to be hearing protected I went back to my detailed notes to review the P s excellent and Z the October 6 and October could place help 20 2009 meetings They offered an impact on the goal to reduce traffic and have summary of their traffic concerns and ideas I sent the Rumbaugh last week to suggest that the City incorporate same a required of the thorough discussion on traffic at creative ideas that if put in numerous of zero traffic growth list to Jessica Garrow and some ve attached I Lynn of these ideas into the final provisions applicant leaving all decisions up to the Club users employees owners and renters to reduce their driving is risky With 32 new units plus lock off units logic says it will be impossible to reduce traffic without stringent requirements and enforcement mechanisms Simply providing only incentives and re adding 45 more October Planning and Zoning Commissioner Cliff Weiss noted You parking you llhave 45 more problems He asked How can you build more units and hold to t adequately address the future and existing traffic and stated his belief that the TDM doesn compensate with anything Last The s applicant answer at one 10 ofthe members take of the P Zmeetings last fall advantage will be achieved To us that simply was that if 100 of the of the steps in the TDM Plan their t a logical assumption isn goal employees and 5 of zero increased traffic plan with no meaningful consequences is no plan at all The plan needs teeth and they need to be sharp teeth or the standards will be violated for certain Past history tells us that t been successful leaving such enforcement tools up to the applicant after the final decision hasn A set of standards and The a and Zoning majority of the Planning wanted to see traffic solutions They system represent urge you to take the necessary stringent steps to assure t just a pipe dream but has the change to become reality growth isn Ute Avenue who we residents along that your goal of zero traffic Thank you for your Warm now Commission members asked for substance in the traffic plans he and a that wouldn trequire revisiting the issue 7 leadership on Regards Jeanette Darnauer Darnauer Group Communications St Galena 308 S Aspen CO 8161 I 0 9010 925 970 5746 c 379 970 com darnauer www this important issue for our community DARNAUER c Li l3P 4iRC 7mc wtark Siratc Lc RclaLOn A Pe Ideas s Traffic Enforcement Concerns Z Summary of P Aspen Club Application 09 20 09 and 10 6 Compiled from 10 Zmeetings P s Concerns Cliff 1 Concerned that from same conceptual to final application the Club is taking the issues after the route i e following up with the review and study to fact 2 3 6 present The Club is we 5 more units and holding to existing traffic difficult to hold traffic to I believe there will be a traffic increase and it will be the 4 building How are you levels going 000 sf sq ft to 190 monster at the end of Ute Ave from 80 t created haven a or 000 90 If you give your 1900 members any alternatives with transportation they will have to use the shuttle t support Z P In City Council left traffic plan to be reviewed I don 96 plans that require review solutions not traffic band aids 8 I feel we re not making the tough decisions now with the 9 I want substance in the traffic plans We need a solution site hats on and not require an enforcement officer on 10 We need disincentives to driving 11 I want to charge members for driving on a daily basis 7 d like to know that I I previously asked for TDM we can hang our 12 We need benchmarks 13 One of my big concerns for Ute Ave is in the winter 14 I want to charge members for driving on a daily basis hour in the hour in the AM and 90 15 There are 860 trips day which equals 70 PM Why is there no minimum level of shuttle service required or the applicant We need to be to be traffic 16 It is not our engineers job re adding 45 more parking assured that traffic is to be addressed You t adequately address the ll have 45 more problems The TDM doesn you t put a facility this large at future and compensate with anything You can needs to the end of a street until I feel good about the traffic The applicant we can off on They must make serious to us with a come plan sign concessions s Ideas Cliff a b Route shuttles to Crystal Lake side m concerned about Paid parking is a s the 1900 members I It and it will disincentive to the members but helps me with this issue train the members re c Look at the TDM again and include something that is enforceable Z don have to come back to P from the start so you t Michael 1 Wampler a gate across the Ute entrance to the Club Allow then do a progressive charge for driving and parking Put 4freebies 3 month but LJ 1 Traffic is my issue now I don t want to tie the Club down though so they t be flexible with changing their plans if traffic reduction isn can t happening 2 Teeth in the TDM is good but it takes time acceptable to the city s transportation head to develop something that is Stan 1 Traffic is the t think we can come up with an exact I don big issue for me d I like to see more creativity need a practical community solution need teeth something with real consequences a Re the phasing of the TDM plan paid parking shouldn tbe last item to be implemented to encourage use of the Hwy 82 side which would be free versus Ute Ave which would require payment solution as a b There has to be c d e f g h i What a review and enforcement happens keeps increasing Maybe take off the parking spaces by one Members are now the majority who drive but it will be the timeshares and employees in the future An idea employees pay a fee if they take their car out of the Members pay when they go to the Club Provide disincentives to driving if traffic Shuttles should be Cars should be on on garage Ute Ave Hwy 82 I have same issue as j Questions on the TDM which t required until isn monitoring program raised by Jeanette on a 2 years Bert 1 Agree 2 s include the strictest TDM Let with additional TDM tools other Commissioners down if 3 they we can come came up with up with and let Council water it want I agree with Cliff it is great to better traffic plan I will write Council ve tried to make suggestions and paragraph delineating my concerns We the applicant has refused each one The letter by Judy Wrigley saying she t get out of her car is an example of your greatest challenge With 100 won pillows that will be tough see a a 4 5 I don t like that the traffic reviews stop after five years the studies could t end but compliance shouldn 100 bus passes funded for employees now 6 We want to see traffic solutions now that will work without back to the 7 having to come transportation dept to revise the plan Agree with Cliff on t require transportation concerns A system has to be in place that doesn the issue visiting re Cross town shuttle funding to replace their Aspen Club shuttle Jessica Garrow jeanette@darnauer com 09 PM Sunday May 02 2010 11 From Sent Cc Mick Ireland forward Steve Skadron Dwayne Romero Derrick Johnson Jessica Garrow Subject Please To May 2 question re Timeshare Chapter 2010 Dear Mick Steve Dwayne As representative a answer attention to and Derrick neighbors of the Aspen Club addressed by Council of many of the Ute Avenue residents and one more concern that has not yet been d like to I bring your sconcerns over Aspen City Council meeting on March 31s Mick accurately summarized the neighbor In our as well as numerous other with addition to clients the proposed development one exception traffic that the Aspen Club proposed expansion violates citizens who have spoken out have another major concern of Land Use the and Intent section of the Timeshare Development an important segment the Code Purpose chapter At the This section states that The to areas impacts that the ensure by limiting this We have received also intends to to the seemingly so could have a unimportant on We other residential We would appreciate applicable in this for its adversely long term residential neighborhoods affect the character of these residential commercial zone districts repeated comments and questions asking why the very purpose ignored and how such a basic component of our Land Use Code is are concerned about the precedent that approving this zoning change request neighborhoods in Aspen a public answer so case you Group Communications 308 S Galena St Aspen do not development s lodge and selected City Jeanette Darnauer Darnauer provide protection response to our the Timeshare Chapter is being never governing Thank use City of timeshare CO 81611 we can understand why Council does not consider this provision Jessica Garrow Jeanette Darnauer Jeanette@darnauer com 40 PM Sunday May 02 2010 5 From Sent Cc Jessica Garrow Lynn Rumbaugh Allison Miller Robert Hoover Subject Documents for Council Attachments Summary To packet on Aspen Club to replace those I sent Friday of P straffic enforcement concerns ideas Z doc Memo to city staff on traffic docimage001 enforcement gif Jessica Please use the email and attachment I sent you more packet on the Aspen Club application instead of couple typos including the wrong date plus I added a couple the attached two documents to include in the City Council traffic concerns on Friday I found a Z and ideas from P Z members that I found in my notes from the Oct 6 and Oct 20 2009 P meetings Thank you Jeanette ARI I AUEK i f P GFOI l cSArkctm titrv hc Rclat Pa m Jeanette Darnauer Darnauer Group Communications 308 S Galena St Aspen CO 81611 5746 c 970 379 4075 fl 920 90190 ol 970 925 970 com darnauer www www com Boutiques International grboutiques s Academy Society of America Counselor Member PR Member Public Relations AUER l7ARN c i t GRCx wrtceic 11at un k Pua Lc Hcl bnn Ideas Concerns s Traffic Enforcement Z Summary of P Aspen Club Application 09 20 09 and 10 6 Compiled from 10 Zmeetings P Cliff Concerns 1 Concerned that from same conceptual to final application the Club is taking the e following up with the review and study to issues after the i route fact you building 3 I believe there will be 2 How the are present more a units and holding to existing traffic traffic increase and it will be difficult to hold traffic to levels d like to know that 000 sf I sq ft to 190 we haven tcreated a monster at the end of Ute Ave 5 If you give your 1900 members any alternatives with transportation they will have to use the shuttle t support Council left traffic plan to be reviewed I don 6 In Z P 4 The Club is going from 80 or 000 90 City 96 plans that require 7 8 9 review asked for solutions not traffic band aids previously not re I feel we making the tough decisions now with the TDM can I want substance in the traffic plans We need a solution we I hats on and not require an enforcement officer 10 We need disincentives to driving 11 I want to charge members for driving on a on daily hang our site basis 12 We need benchmarks 13 One of my big concerns for Ute Ave is in the winter 14 I want to charge members for driving on a daily basis hour in the 15 There are 860 trips hour in the AM and 90 day which equals 70 PM Why is there no minimum level of shuttle service required to be traffic engineers or the applicant We need to be 16 It is not our job re adding 45 more parking assured that traffic is to be addressed You The TDM t doesn adequately address the ll have 45 more problems you t put a facility this large at with You can future and anything compensate the end of come to us a street with a until I feel plan we good can sign about the traffic off on They The applicant needs to must make serious concessions Ideas a b Lake side m I concerned about Paid parking is a s the 1900 members It disincentive to the members but helps me with this issue and it will Route shuttles to Crystal train the members re c and include Look at the TDM again from the start t have to you don so something come that is enforceable back to P Z Michael 1 Wampler Put a gate then do a the Ute entrance to the Club Allow 3 4 for and driving parking progressive charge across month freebies but L7 t want to tie the Club down though so they I don t happening t be flexible with changing their plans if traffic reduction isn can Teeth in the TDM is good but it takes time to develop something that is acceptable to the city s transportation head 1 Traffic is my issue now 2 Sta n 1 I don t think we can come up with an exact big issue for me solution as a community I d like to see more creativity need a practical solution need teeth something with real consequences tbe last item to a Re the phasing of the TDM plan paid parking shouldn be implemented to encourage use of the Hwy 82 side which would be free versus Ute Ave which would require payment Traffic is the b There has to be c d e f g h a review and enforcement happens keeps increasing Maybe take off the one parking spaces by Members are now the majority who drive but it will be the timeshares and employees in the future An idea employees pay a fee if they take their car out of the Members pay when they go to the Club Provide disincentives to driving What if traffic Shuttles should be Cars should be i j Questions monitoring on on on garage Ute Ave Hwy the TDM 82 I have same t program which isn issue required as raised by Jeanette on a until 2 years Bert with additional TDM tools other Commissioners came up with 2 s Let include the strictest TDM we can come up with and let Council water it 1 Agree down if 3 they want I agree with Cliff a it is great to see a better paragraph delineating the applicant traffic plan I will write Council suggestions and by Judy Wrigley saying she greatest challenge With 100 ve tried to make We my concerns has refused each one The letter t get out of her car is an won pillows that will be tough example of your 4 t like that the traffic reviews stop after five years the studies could I don t end but compliance shouldn 5 100 bus passes funded for employees now We want to see traffic solutions now that will work without having to come back to the transportation dept to revise the plan Agree with Cliff on 6 transportation visiting the re 7 concerns A system has to be in place t require that doesn issue Cross town shuttle funding to replace their Aspen Club shuttle DARAtAUER C l iRl PJ 1 e Suv is 41xk anp d PuoLt 6dstio n Email sent 4 29110 to Staff City Dear Jessica and Lyn I understand you are both regarding Traffic Enforcement Mechanisms sexpectations for zero traffic growth into incorporate the Mayor of the Ute Avenue neighbors revised Ordinance for the Aspen Club application Our clients many commitments to curb any traffic growth other Council s member the sand Mayor greatly appreciate want to make sure working to that stringent traffic enforcement mechanisms are included in the approval the and language in their expectations indicating As you are aware Mick and other Council members were quite specific traffic in the department add even that the applicant needs to incorporate a series of tough steps maintain what sthere and utilize a tool to and tighter traffic mitigation plans than Silver Lining Ranch traffic which is basically obvious adverse impact protect the people against the most believe it is imperative that you add strict mechanisms to the Because of these strong statements we traffic growth can truly be achieved traffic mitigation plans now so that the goal and commitment to zero A set of standards and need to be sharp teeth a consequences is the standard will be violated for certain plan or with no meaningful no plan at all It needs teeth and they Commission detailed discussions at the s With that in mind we went back to the Planning and Zoning their traffic concerns and numerous creative and summarized October 6 and October 20 2009 meetings the Mayor sexpectations We encourage ideas I have attached them in hopes they help you accomplish Ordinance the revised language you to incorporate them into Thank you Jeanette Darnauer Darnauer Group Communications