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Home My WebLink AboutLand Use Case.315 E Dean St.0083.2004.ASLU1 1 -V t. 9 I 1.j . -L. Ai . r r I /\ 4 LA) 7 4 -1 03 Ul IM . 00 0 I m Na 1 0 1 f 9Â¤ i w 1 N > 03 9 ('D 0 rt 11 ASLU ' ..- T ' 6+ Iq~-dit THE CITY oF ASPEN City of Aspen Community Development Dept. CASE NUMBER 0083.2004.ASLU PARCEL ID NUMBER 2737-18-2-85-001 PROJECT ADDRESS 315 E DEAN ST PLANNER JAMES LINDT CASE DESCRIPTION REMODEL FORMER WHISKEY ROCKS SPACE AT ST REGIS REPRESENTATIVE ALAN RICHMAN 920-1125 DATE OF FINAL ACTION 2/4/2005 CLOSED BY Denise Driscoll !@#*#@MIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII:lieJIGJ' [ile [dit Record Navigate Fgrm Reports Format Iab Help . iâ€¢J 21 *1.M] 11*. 0 11 38 j. Routing History j Conditions ~ Sub Permits ~ Valuation ~ Public Comment ~ Attachments 1 Main ~ Royting Status | Arch/Eng | Parcels | Custom Fjelds | Feei ~ Fee Summary | Actions ] Permit Type 1.*.--I~ Permit # | 0083.2004.ASLU Address |315 E DEAN ST /~ Apt/Suite ~ Citp |ASPEN State|CO _d Zip |81611 -0 I Permit Information Master Permit ~ Routing Queue ~aslu Applied |12/06/2004 LEI Proiect ~ .~ Status [pending Approved | Descliption |REMODEL FORMER WHISKEY ROCKS SPACE AT ST REGIS INTO A SPA AREA TO Issued 1 121 ~TREAT BACK INJURIES - Final ~ ~j Submitted ALAN RICHMAN 920-1125 Clock IRunning Days F-6 Expires ~12/01/2005 21 f-- Visible on the web? Permit ID: ~ 32275 Owner Last Name |ASPEN BACK INSTITUTE g~ First Name | 315 E DEAN ST ASPEN CO 81611 Phone 1{9701 - 12 Owner Is Applicant? Applicant Last Name [IDEN BACK INSTITUTE g| First Name| 315 E DERNST IASPEN CO 81611 Phone |[9701 Cust# |25515 -41 F-nterthe D-ermitdescriptign - _~ Record: 2-07 25 DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders". and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights. this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470. but shall be subject to any amendments to the I.and Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Aspen Back Institute hic, C/o Alan Richman Planning Services. PO Box 3613, Aspen. CO 81612 Property Owner's Name, Mailing Address and telephone number Lot 1 , Aspen Mountain PUD. 315 Dean Street Legal Description and Street Address of Subject Property PUD Amendment Approval to operate back iniury treatment facility w/in St. Regis Written Description ofthe Site Specific Plan and/or Attachment Describing Plan Planning and Zoning Commission Resolution No. 6, Series of 2005, Approved 2/1/05 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) February 13, 2005 Effective Date of Development Order (Same as date of publication of notice of approval.) February 14,2008 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation niay be pursued iii accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 13th day of Fe}pruary, 2Â®5, by the City of Aspen Community Development Director. Â»11% Chris Bendon, Community De-velopment Director PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24. Article 68, Colorado Revised Statutes. pertaining to the following described property: Lot 1 Aspen Mountain Subdivision/PUD, by resolution of the Aspen Planning and Zoning Commission numbered 6, Series of 2005 on February 1, 2005. The Applicant received approval of a PUD amendment to operate a back treatment facility in the St. Regis Hotel. For further information contact Chris Benlon. at the City of Aspen Community Development Dept. 130 S. Galena St. Aspen, Colorado (970) 920- 5090. s/ City o f Aspen Publish in The Aspen Times on February 13, 2005 1 AptÂ«,40 |01 PEL RESOLUTION N0.6 6/0 090\ 74 1/6 (SERIES OF 2005) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A PLANNED UNIT DEVELOPMENT AMENDMENT TO THE ST. REGIS HOTEL PLANNED UNIT DEVELOPMENT TO CONVERT 2,717 SQUARE FEET OF FOOD AND BEVERAGE SPACE TO A BACK INJURY TREATMENT FACILITY/SPA AREA ON THE PROPERTY DESCRIBED AS LOT 1, OF THE FIRST AMENDED PLAT OF ASPEN MOUNTAIN SUBDIVISION/PUD, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO Parcel No. 2737-182-85-001 WHEREAS, the Community Development Department received an application from the Aspen Back Institute. Inc. represented by Alan Richman Planning Services. requesting approval of a PUD amendment and an administrative GMQS exemption to convert 2.717 square feet of food and beverage space to a back injury treatment facility/ spa area in the St. Regis Hotel, Lot 1, of the first amended plat of the Aspen Mountain Subdivision/PUD. City and Townsite of Aspen; and, WHEREAS, the property ownet SLT Aspen Dean Street, LLC, provided the Applicant with a letter of consent to apply for the requested land use actions; and, WHEREAS, the subject property is located in the Lodge/Tourist Residential (L/TR) Zone District with a PUD overlay; and, WHEREAS, the back injury treatment facility/ spa use was considered as an accessory use to the operations ofthe hotel: and, WHEREAS, pursuant to Land Use Code Section 26.445, Planned Unit Development, the Planning and Zoning Commission may approve, approve with conditions. or deny an amendment to an approved PUD during a duly noticed public hearing. after taking and considering comments from the general public, and after considering recommendations from the Community Development Director. and relevant referral agencies; and, WHEREAS, during a duly noticed public hearing on February 1. 2005. the Planning and Zoning Commission approved Resolution No. 6, Series of 2005, by a six to zero (6-0) vote, approving with conditions, an amendment to the St. Regis Hotel (formerly known as the Ritz Carlton) PUD to convert 2,717 square feet of food and beverage space formerly occupied by the Whiskey Rocks Lounge into a back injury treatment facility/ spa area; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and. WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval o f the development proposal. with conditions, is consistent with the goals and elements of the Aspen Area Community Plan. and. WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion ofpublic health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code. the Planning and Zoning Commission hereby approves a PUD aniendment to the St. Regis PUD to convert 2,717 square feet of food and beverage space that formerly lioused the Whiskey Rocks Lounge into a back injury treatment facility/spa area. subject to the following conditions: 1. As was established in Condition No. 3 of Ordinance No. 25, Series of 2003, the St. Regis shall conduct a housing audit after one full fiscal year from the date of issuance of the certificate of occupancy for the remodeled spa facility, hotel rooms. timeshare units, and residence pursuant to the terms set forth iii Ordinance No. 25. The back injury treatment facility/ spa area shall be included in the audit. Pursuant to Ordinance No. 25, should the housing audit show an increase in the number of employees over those mitigated for in the original PUD (331 employees, or 60% of 331 which equals 198.5 employees), the St. Regis shall return to the Housing Authority under the following terms: a. The St. Regis shall provide deed restricted, affordable housing for 60% of any additional employees of the new facilities approved in Ordinance No. 25, Series of 2003 and approved herein. b. The St. Regis shall abide by the Aspen/Pitkin County Affordable housing Guidelines in effect at the time of the audit. c. The term employee shall include all payroll and non-payroll employees geiierated by the application. 2. The back injury treatment facility/spa shall operate generally consistent with the operations plan that was provided as Exhibit "6" (entitled "Executive Summary") in the application submitted by Alan Richman Planning Services. dated December of 2004. Significant changes to the operations plan approved herein shall require review and approval of a subsequent PUD amendment by tlie Community Development Director or by the Planning and Zoning Commission depending on the magnitude of the change. 3. All activities conducted within the facility shall comply with all necessary state and federal professional licensing requirements and inspections. Section 2: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for ally reason held invalid or unconstitutional in a court of competent .jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this lst day of February, 2005. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk IrA. MEMORANDUM A-fpr.0420, TO: Aspen Planning & Zoning Commission G-0 THRU: Chris Bendon, Community Development Director 1 11\UA A -7 Luwv, - Awl,ed-â‚¬(1 < L c.filf3 FROM: James Lindt, Planner 4 1 k~ Couid \ RE: St. Regis/Aspen Back Institute PUD Amendment- Public Hearing DATE: February 1,2005 =-- Al I Act'J 1-ks covidi4 <511(1 l | de-'vul#.1 K/ \A,7 O.l t 6/l@(L -1 2 12â‚¬ Â«) PROJECT: ST. REGIs/ASPEN BACK INSTITUTE PUD AMENDMENT f-*9244 REQUEST: The Applicant is requesting a PUD amendment to the site-specific development plan for the St. Regis Hotel/Timeshare in order to operate ~ ~ M**44 a back treatment facility/spa area where the Whiskey Rocks Lounge formerly existed. EXISTING ZONING: Lodge/Tourist Residential with a PUD Overlay. LAND USE PUD Amendment and subsequent administrative GMQS exemption for REQUESTS: an accessory use in a mixed used development. STAFF Staff recommends that the Planning and Zoning Commission approve RECOMMENDATION: the proposed request, with conditions. SUMMARY OF REQUEST: The Applicant, Aspen Back Institute, Inc, represented by Alan Richman Planning Services, is requesting the appropriate land use approvals to convert the space that was previously occupied by Whiskey Rocks Lounge into a back injury treatment facility/spa area. LAND USE ACT10NS REQUESTED AND REVIEW PROCEDURE: The Applicant is requesting the following land use actions: â€¢ PUD Amendment â€¢ Administrative GMQS exemption for accessory uses in a mixed use development Pursuant to Land Use Code Section 26.445, Planned Unit Development, the Planning and Zoning Commission shall approve, approve with conditions, or deny a request. for a PUD amendment after considering a recommendation from the Community Development Director. Aspen/Pitkin County Housing Authority, and after taking public comments. The Planning and Zoning Commission is the final review authority on PUD amendments considered generally consistent with the original approval, but which do not qualify for administrative review. If the Planning and Zoning Commission denies the PUD -1- Amendment request, the Applicant has the ability to appeal the Planning and Zoning Commission's decision to City Council. BACKGROUND: The St. Regis Hotel received PUD/timeshare approval to convert some of their hotel units into timeshare units and to convert 15,300 square feet of the hotel into a spa area pursuant to City Council Ordinance No. 25. Series of 2003 (attached as Exhibit "D"). The _ _ Applicant now wishes to convert the space that previously contained the Whiskey Rocks -- -- Lounge, consisting of 2,717 square feet5 to a back injury treatment facility/spa. DISCUSSION ISSUES AND STAFF ANALYSIS: APPROPRIATENESS OF PROPOSED USE: Staff believes that the proposed use of "back injury treatment facility" is similar iii definition to that of a spa and many spas contain back injury treatment facilities within them. Staff feels that the proposed use is compatible with the spa use that was approved pursuant to Ordinance No. 25, Series of 2003. Staff is concerned about losing another bar/lounge facility that accommodated visitors and locals alike, given the recent losses of the Double Diamond and other nightlife spots that have existed in Aspen. However, Staff does believe that the community benefit that will be derived from the proposed amendment exceeds the loss of the lounge facility in the St. Regis. The back treatment facility/spa area will provide greater occupancy for the hotel in the off-season because it is proposed to be a destination facility, which likely translates to more guests in town to support our local businesses. EMPLOYEE GENERATION: In approving the timeshare and spa operations, a condition of approval was included that required that the St. Regis conduct an employee audit after one year of operations in the remodeled hotel. As a result of the condition requiring an employee audit, the owners of the St. Regis are required to mitigate for any employees that are above their employee projections that were approved and mitigated for in Ordinance No. 25. Therefore, the Applicant believes that any increases in employee generation that result from the change to the former Whiskey Rocks space will be identified and mitigated for as a result of the audit condition in Ordinance No. 25. Staff agrees that any increases in employee generation would likely be identified in the employee audit and the St. Regis would have to mitigate for any increase in employee numbers at tliat time. Staff also feels that the lounge use is typically more employee intensive than the spa use. Thus, Staff and the Housing Authority are comfortable with al]owing for the employee audit on the hotel in it's entirety as a method of determining if there have been an increase iii the hotel's overall employee numbers. ONSITE PARKING: The Applicant has argued that the proposed back injury treatment facility will actually have less demand for off-street parking than the prior lounge use of the space since the back treatment facility is primarily geared towards guests that are already staying at the hotel and occupying off-street parking in the hotel's parking garage. Staff feels that the Applicant's argument related to the demand for parking is logical. The back treatment -2- facility will require less demand for off-street parking than the previous lounge use that attracted both visitors and locals that were not already occupying a parking space in the hotel's parking garage since they were not staying at the hotel. REFERRAL AGENCY ISSUES: The proposed application was referred to the Environmental Health Department. Building Department. and Aspen/Pitkin County Housing Authority for comments on technical issues. Comments from the referral agencies have been incorporated into the proposed conditions of approval as appropriate. STAFF RECOMMENDATION: Staff believes that the proposal is in compliance with the PUD amendment review standards and is consistent with the goals of the Aspen Area Community Plan relating to economic sustainability. Specifically, Staff feels that the proposal aids in the stated community objective of strengthening the community' s economy without getting bigger, iii that the application is requesting to utilize currently underutilized existing space for a profitable use that should have a positive economic ripple affect throughout the community's businesses. Additionally, the proposed use promotes the Aspen ldea of "mind. body, and spirit". Staff supports the proposed PUD amendment request. -RECOMMENDED MOTION: (ALL MOTIONS SHALL BE MADE IN THE AFFIRMATIVE) "I move to approve Resolution No.(* Series of 2005, approving a PUD amendment to the St. Regis PUD to allow for the 2,717 square feet of food and beverage space that formerly housed the Whiskey Rocks Lounge to be converted to a back inj ury treatment facility/spa area, on Lot 1, Aspen Mountain Subdivision/PUD." ATTACHMENTS EXHIBIT A - REVIEW CRITERIA AND STAFF FINDINGS EXHIBIT B - REFERRAL COMMENTS EXHIBIT C -APPLICATION EXHIBIT D - ORDINANCE NO. 25, SERIES OF 2003 LJ RESOLUTION N0. 66 (SERIES OF 2005) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A PLANNED UNIT DEVELOPMENT AMENDMENT TO THE ST. REGIS HOTEL PLANNED UNIT DEVELOPMENT TO CONVERT 2,717 SQUARE FEET OF FOOD AND BEVERAGE SPACE TO A BACK INJURY TREATMENT FACILITY/SPA AREA ON THE PROPERTY DESCRIBED AS LOT 1, OF THE FIRST AMENDED PLAT OF ASPEN MOUNTAIN SUBDIVISION/PUD, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO Parcel No. 2737-182-85-001 WHEREAS, the Community Development Department received an application from the Aspen Back Institute, Inc, represented by Alan Richman Planning Services, requesting approval of a PUD amendment and an administrative GMQS exemption to convert 2.717 square feet of food and beverage space to a back injury treatment facility/ spa area in the St. Regis Hotel, Lot 1, of the first amended plat of the Aspen Mountain Subdivision/PUD. City and Townsite ofAspen; and, WHEREAS, the property owner, SLT Aspen Dean Street. LLC, provided the Applicant with a letter of consent to apply for the requested land use actions; and, WHEREAS, the subject property is located in the Lodge/Tourist Residential (L/TR) Zone District with a PUD overlay; and, WHEREAS, the back injury treatment facility/ spa use was considered as an accessory use to the operations of the hotel; and, WHEREAS, pursuant to Land Use Code Section 26.445, Planned Unit Development, the Planning and Zoning Commission may approve, approve with conditions. or deny an amendment to an approved PUD during a duly noticed public hearing. after taking and considering comments from the general public, and after considering recommendations from the Community Development Director, and relevant referral agencies; and, WHEREAS, during a duly noticed public hearing on February 1, 2005, the Planning and Zoning Commission approved Resolution No. , Series of 2005, by a to (_--3 vote. approving with conditions, an amendment to the St. Regis Hotel (formerly known as the Ritz Carlton) PUD to convert 2,717 square feet of food and beverage space formerly occupied by the Whiskey Rocks Lounge into a back injury treatment facility/ spa area; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves a PUD amendment to the St. Regis PUD to convert 2,717 square feet of food and beverage space that formerly housed the Whiskey Rocks Lounge into a back injury treatment facility/spa area, subject to the following conditions: 1. As was established in Condition No. 3 of Ordinance No. 25, Series of 2003, the St. Regis shall conduct a housing audit after one full fiscal year from the date of issuance of the certificate of occupancy for the remodeled spa facility, hotel rooms, timeshare units, and residence pursuant to the terms set forth in Ordinance No. 25. The back injury treatment facility/ spa area shall be included in the audit. Pursuant to Ordinance No. 25, should the housing audit show an increase in the number of employees over those mitigated for in the original PUD (331 employees, or 60% of 331 which equals 198.5 employees), the St. Regis shall return to the Housing Authority under the following terms: a. The St. Regis shall provide deed restricted. affordable housing for 60% of any additional employees of the new facilities approved in Ordinance No. 25, Series of 2003 and approved herein. b. The St. Regis shall abide by the Aspen/Pitkin County Affordable housing Guidelines in effect at the time of the audit. c. The term employee shall include all payroll and non-payroll employees generated by the application. 2. The back injury treatment facility/spa shall operate generally consistent with the operations plan that was provided as Exhibit "6" (entitled "Executive Summary") in the application submitted by Alan Richman Planning Services, dated December of 2004. Significant changes to the operations plan approved herein shall require review and approval of a subsequent PUD amendment by the Community Development Director or by the Planning and Zoning Commission depending on the magnitude of the change. r Ail Atfl 01 2, 3 c ou~ko ofâ‚¬ R lk) -11-2- GUL El Jog 9(=1-t C ovug (40' ,-i idL- 14 3. All-qua&+-medie+baclcilliury treallIients to be wiiduitcd williin [lie space ~ ~1*lueted-ptn~:*tiatÂ·-40Â·=the necessary state and federal professional licensing requirements and inspections. Section 2: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided. and the same shall be conducted and concluded linder such prior ordinances. Section 4: If any section, subsection, sentence. clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court o f competent jurisdiction, such portion shall be deemed a separate. distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this lst day of February, 2005. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk EXHBIT A PLANNED UNIT DEVELOPMENT (PUD) Review Criteria & Staff Findings Land Use Code Section 26.445.100(B), Amendment to PUD development order, provides that PUD amendment applications must comply with the following standards aiid requirements. A. General Requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. Staff Finding As was stated in the body of the Staff memorandum, Staff believes that the proposal is consistent with the goals of the Aspen Area Community Plan relating to economic sustainability. Specifically, Staff feelsÂ· that the proposal aids in the stated community objective of strengthening the community's economy without getting bigger, in that the application is requesting to utilize currently underutilized existing space for a profitable use that should have a positive economic ripple affect throughout the community's businesses. Additionally, the proposed use promotes the Aspen Idea of "mind, body, and spirit". Staff finds this criterion to be met. 2. The proposed development shall be consistent with the character of existing land uses iii the surrounding area. Staff Finding Staff believes that the proposed use is consistent with the character of the existing uses on tlie same floor and within the hotel. The enlarged spa is located in close proximity to the space subject to this amendment request. Additionally, Staff feels that the proposal will provide a positive amenity for hotel guests and the community alike. Therefore, Staff finds this criterion to be met. 3. The proposed development shall not adversely affect the future development of the surrounding area. Staff Finding Staff does not believe that the proposed amendment will adversely affect the future development of the surrounding area. Staff finds this criterion to be met. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and Will be considered prior to, or in combination with, final PUD development plan review. -4- Staff Finding The Applicant has concurrently applied for administrative review of a GMQS exemption that will be reviewed and approved by the Community Development Director subsequent to review of the PUD amendment. Staff finds this criterion to be met. B. Establishment of Diniensional Requirements: The Â·final PUD development plans shall establish the dimensional requirements.for all properties within the PUD. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions .for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the.following influences on the property: a) The character Of, and compatibility with, existing und expected .future land uses in the surrounding area. b) Natural and man-made hazards. 0 Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and land forms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. Staff Finding The Applicant is not proposing to amend the approved dimensional requirements for the PUD. Staff finds this criterion not to be applicable. 2. The proposed dimensional requirements permit a scale, niassing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding The Applicant is not proposing to amend the approved dimensional requirements for the PUD. Staff finds this criterion not to be applicable. 3. The appropriate number of off-street parking spaces shall be established based on theD,Ilowing considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed c) The availability of public transit and other transportation.facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers iii the city. -5- Staff Finding The Applicant has argued that the proposed back injury treatment facility will actually have less demand for off-street parking than the prior lounge use of the space since the back treatment facility is primarily geared towards guests that are already staying at the hotel and occupying off-street parking iii the hotel's parking garage. Staff feels that the Applicant's argument related to the demand for parking is appropriate and that the back treatment facility will require less demand for off-street parking than the previous lounge use of the space that attracted both visitors as well as locals that were not already occupying a parking space in the hotel' s parking garage since they were not staying at the hotel. Staff finds this criterion to be met. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensurefire protection, snow removal, and road niaintenance to the proposed development. Staff Finding The proposed PUD amendment does not request to amend the maximum allowable density. Staff finds this criterion not to be applicable. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Speci.fically, the maximum density of a PUD may be reduced if: a) The landis not suitablefor the proposed development because of ground instability or the possibility of mudflow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious e.ffect oil air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. Staff Finding The proposed PUD amendment does not request to amend the maximum allowable density. Staff finds this criterion not to be applicable. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: -6- a) The increase in densitÂ¥ serves one or more goals of the community as expressed iii the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified iii subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics niitigated. c) The increase in maximum density results iii a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. Staff Findine The proposed PUD amendment does not request to amend the maximum allowable density. Staff finds this criterion not to be applicable. B. Site Design: The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or nian-made .features of the site which are unique, provide visual interest or a specific reference to the past, or contribute fo the identity of the town are preserved or enhanced in an appropriate manner. 2. Structures have been clustered to appropriately preserve significant open ,spaces and vistas. Staff Finding There is only one building proposed for the site and the proposal will not increase the height of the existing structure to block any significant vistas. Additionally, there are no significant open spaces on the site. Therefore. Staff finds this criterion not to be applicable to this proposal. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian nmvenient. Staff Finding The design does not propose to alter the lodge's street orientation or visual appearance. Staff finds this criterion not to be applicable. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. -7- Staff Finding The Fire Marshall and Building Department have reviewed the proposed amendment and have indicated that the internal access proposed is sufficient. Staff finds this criterion to be met. 5. Adequate pedestrian and handicapped access is provided. Staff Finding The Applicant has consented in the application to meeting all pedestrian and accessibility requirements that exist for the converted space. Staff finds this criterion to be met. 6. Site drainage is accommodated for the proposed development iii a practical and reasonable manner and shall not negatively impact surrounding properties. Staff Finding There are no external changes to the existing building being proposed. Staff finds this criterion not to be applicable. 7. For non-residential land uses, spaces between buildings are appropriately de-signed to accommodate any programmatic functions associated with the use. Staff Finding The Applicant is not proposing any changes to the exterior of the building. Staff finds this criterion not to be applicable. C. Landscape Plan: The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character Of the city, with surrounding parcels, and with existing and proposed .features of the subject property. The proposed development shall comply with the.following: 1. The landscape plan exhibits a well designed treatment of exterior spaces, preserving existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable.for the Aspen area climate. Staff Finding The Applicant has not proposed to change the exterior of the building. Staff finds this criterion not to be applicable. 2. Significant existing natural and man-made site features, which provide uniqueness and interest iii the landscape, are preserved or enhanced in an appropriate manner. -8- Staff Finding Tlie Applicant is not proposing changes to the exterior of the existing building or site. Staff finds this criterion not to be applicable. 3. The proposed method of proteding existing vegetation and other landscape features is appropriate. Staff Finding The Applicant is not proposing changes to the exterior of the existing building or site. Staff finds this criterion not to be applicable. D. Architectural Character: It is the purpose of this standard to encourage archifectural interest, variety, character, and visual identity iii the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building .for its purposes, legibility of the building's tise, the building's proposed massing, proportion, scale, orientation 1â€ž public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan and architectural character plan, which adequately depicts the character offlie proposed development. The proposed architecture of the development shall: 1. be compatible with or enhance the visual character Of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing Of nearby historical and cultural resources. Staff Finding The Applicant is not proposing changes to the exterior o f the existing building or site. Staff finds this criterion not to be applicable. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems. Staff Finding The Applicant is not proposing any changes to the heating or cooling capacity of the existing building. Staff finds this criterion not to be applicable. 3. Accommodate the storage and shielding o.f snow, ice, and water iii a safe an appropriate manner that does not require significant maintenance. Staff Finding The Applicant is not proposing any changes to the heating or cooling capacity of the existing building. Staff finds this criterion not to be applicable. -9- E. Lighting: The purpose of this standard is to ensure the exterior qf the development will be lighted in an appropriate nianner considering both public satety and general aesthetic concerns. The.following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any king to adjoining streets or lands. Lighting Of site .features, structures, and access ways is proposed in an appropriate nianner. Staff Finding The Applicaiit is not proposing any changes to the exterior lighting and the existing outdoor lighting is required to meet the lighting code pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. Staff finds this criterion to be met. 2. All exterior lighting shall be in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the .final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Staff Finding The Applicant is not proposing any changes to the exterior lighting and the existing outdoor lighting is required to meet the lighting code pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. Staff finds this criterion to be met. G. Common Park, Open Space, or Recreation Area: If the proposed development includes a common park, open space, or recreation area .for the mutual benefit of all development iii the proposed PUD, the following criteria shall be nick 1. The proposed amount, location, and design of the common park, open space, mÂ· recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. Staff Finding The Applicant is not proposing any changes to common park. open space, or recreation area. Staff finds this criterion not to be applicable. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpefuity (not .for a number Of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. Staff Finding The Applicant is not proposing any changes to common park, open space, 01- recreation area. Staff finds this criterion not to be applicable. -10- 3. There is proposed an adequate assurance through legal instrument .fi,r the pernianent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against .future residential, conimercial,or industrial development. Staff Finding Tlie Applicant is not proposing any changes to common park. open space, or recreation area. Staff finds this criterion not to be applicable. H. Utilities and Public Facilities: The purpose of this standard is to ensure the development does not impose any undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified .financial burden. The proposed utilities and public .facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. Staff Finding Staff believes that adequate public infrastructure exists to accommodate the proposed amendment. Staff finds this criterion to be met. 2. Adverse inipacts on public int rÂ£istructure by the development will be mitigated by the necessary improvements al f he sole cost of the developer. Staff Finding Staff does not believe that there will be any adverse iinpacts on public infrastructure created by the proposed amendment. Staff finds this criterion not to be applicable. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately .for the additional improvement. Staff Finding Tlie Applicant is not proposing to install oversized utilities or public facilities and it is not anticipated that the Applicant will be required by the City to provide oversized utilities as a result of the proposed amendment. Staff does not find this criterion to be applicable. I. Access and Circulation (Only standards 1 &2 apply to Minor PUD applications): The purpose Of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation cd- the development shall meet the D}Ilowing criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through and approved private road, a pedestrian way, or other area dedicated to public or private use. -11- Staff Finding The Applicant has consented to meeting all required pedestrian and ADA access requirements for the space subject to the proposed amendment. Staff finds this criterion to be met. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. Staff Finding The proposed amendment will not alter vehicular access points or the parking arrangement for the St. Regis. Staff finds this criterion not to be applicable. J. Phasing of Development Plan. The purpose of these criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. Uphasing ofthe development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the.following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shutl not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public Â·facilities, payment of impact Â·fees and fees-in-lieu, construction of any facilities to be used jointly by residents o.f the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding The amendment request does not propose to phase the construction. Staff finds this criterion not to be applicable. -12- l32#1161,1 \\A . 11 MEMORANDUM TO: James Lindt, Community Development Department FROM: Cindy Christensen, Housing Office DATE: January 5,2005 RE: ASPEN BACK INSTITUTE - ST. REGIS PUD AMENDMENT Parcel ID No. 2737-18-285-001 ISSUE: The applicant is seeking approval to convert the Whiskey Rocks space in the St. Regis to a back injury treatment facility/spa area. Mitigation Reg uirement: The applicant states that there are to be three full-time and two part- time employees, with the possibility if the business grows to liave a total of six full-time employees. According to condition number 3 of Ordinance 25, Series of 2003, an employee audit of the St. Regis will be required after one year of the of the Certificate of Occupancy for the remodeled Hotel. Condition number 4 of the same Ordinance requires that any additional employees from the original PUD approval would require the owner to provide additional employee housing. The applicant states that his employee numbers would be taken into account in the total count of the Hotel after one year from the Certificate of Occupancy. RECOMMENDATION: Staff would recommend approval with any other additional mitigation under the following conditions: 1. During the audit process, scheduled for one year after obtaining the Certificate of Occupancy for the remodeled hotel, all employees who work within the St. Regis shall be counted, even i f the employee works for a different employer other than the St. Regis. ALL employees working within the St. Regis Hotel iii Aspen shall be counted for the total employee count. 2. If the total amount of employees exceeds 198.5 employees, the applicant shall return to the Ilousing Authority under the following terms: a. The applicant shall provide deed restricted, affordable housing for 60% of any additional employees of the facilities (whether the employee works specifically for the St. Regis or for an employer within the St. Regis Hotel); b. The applicant shall abide by the Aspen/Pitkin County Employee Housing Guidelines in effect at the time ofthe audit. c. The term employee shall include all payroll and non-payroll employees generated by the application and the remodel done in 2003/2004. 3. The applicant shall abide by all other provisions stated in Ordinance No. 25 (Series of 2003). 8 .1 ' 1 11 f 'l/ 80(knbat l_) 4844gJ Pagâ€¢: 1 of 5 - u lum-11 -ill \\ 1\1\ 1 11 \\Imiliti I 06/25/2003 10:ASA SILLIA DAVIS PITKII CCJ.TY LD R 26.00 D 0.00 ORDINANCE NO. 25 (SERIES OF 2003) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT, GROWTH NIANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS, T]MESI{ARE, AND SUBDIVISION FOR THE ST. REGIS IIOTEL, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-1828-5001 WHEREAS, the Community Development Department received an application from the SLT Aspen Dean Street, LLC (Applicant), requesting a PUD Amendment, Growth Management Quota System Exemptions, Timeshare, and Subdivision to convert 98 of the existing 257 hotel rooms into 24 timeshare lodge units and one residential unit; to convert a portion of the existing meeting room, hotel office, and accessory space on the Ballroom Level into an approximately 15,300 square foot spa amenity; to convert the existing spa facility on the Second Level of Building B to the relocated hotel offices; and to modify the 22 approved, but un-built hotel rooms in Building C into 20 hotel rooms; and, WHEREAS, the 24 timeshare lodge units are proposed to be sold in a minimum of 1/1101 fractional interests; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Waste District, City Engineering, Building, Fire, Streets, Parks, Housing, Environmental Health, and Water Departments as a result of the Development Review Committee meeting; and, WHEREAS, the applicant has chosen to consolidate all of the land use approvals, in accordance with Section 26.304.060, so that City Council will bc the final reviewing body on at! land use requests; and, WHEREAS, upon 'review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Department recommended approval, with conditions, for the proposed land use requests for the St. Regis Hotel; and, WHEREAS, at its meeting on March 5,2003, tile City of Aspen / Pitkin County Housing Authority fonvarded a recommendation of approval to City Council at its meeting to approve the proposed employee mitigation through an audit program; and, WHEREAS, the Planning and Zoning Commission forwarded a recommendation of approval via Resolution No. 10, Series of 2003, by a vote of three to two (3 - 2), to City Council to approve a PUD Amendment, Growth Management Quota System Exemptions, Timesharc, and Subdivision; and, 111 lilli- Ill - 11 - lili 11Ill lillillil_ 11 484489 Page: 2 of 5 06/25/2003 10:46A S LV.A DAVIS PITKI,â€¢ CCUN-Y CO R 26.00 D 0.00 WIIEREAS, the City of Aspen City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and WHEREAS, the City of Aspen City Council reviewed and considered the - development proposal at a regular City Council meeting on June 9,2003 and, by a vote of five to zero (5 - 0), approved this Ordinance (on Second Reading) for a PUD Amendment, GMQS Exemptions, Timeshare, and Subdivision; and WHEREAS, the City of Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE ASPEN CITY COUNCIL TH AT: Section 1: Pursuant to the procedures and standards sct forlh in Title 26 0 f the Aspen Municipal Code, the Aspen City Council approves the PUD Amendment, GMQS Exemptions, Timeshare, and Subdivision, subject to the following conditions: 1. The building permit application shall include: a. A copy o f the final Ordinance. b. The conditions of approval printed on the cover page ofthc building permit set. c. A traffic management plan that addresses issues such as construction worker parking and hauling routes. 2. Prior to issuance ofa building permit: a. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. b. All tap fees, impacts fees, and building permit fccs shall be paid. c. A complete set of sprinkler and alarm plans shall be submitted to the Aspen Fire Marshal in order to determine if the fire sprinkler system and alarm system is adequate. d. The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed. All sanitation-related improvements below grade shall require the use of a pumping station. The conversion from lodge units may result in additional tap fees duc to the additional kitchens and other sources of wastewater. e. The applicant shalI comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Based on the sprinkler requirements of the Fire - 1-- imilill --ill-Ilill_fl#11/Ill ~ 48448- Page: 3 of 5 06/25/2003 10:46A Stli.IA-DAVIS PITAIN -OUNTY CO R 26.00 D e.00 Department, a new and larger water tap may be needed. An additional tap fee may be assessed due to the change in use. f. The applicant shall consult the Colorado Revised Statutes (CRS) to determine the required number of type A and type B units as it pertains to food/beverage service areas. American With Disabilities Act (ADA) Accessibility shal! be provided to all timesharc units and to the juice bar and spa. A Temporary Certificate of Occupancy (TCO) may bc issued subject to safety and Fire Deparrment concerns being addressed to the satisfaction of the Fire Marsha! and the Aspen Building Department. g. The applicant shall be subject to the soon to be adopted International Fire Code if adopted at time of building permit. The applicant shall submit a complete set of fire sprinkler and alarm plans to the Fire Department, Water Department and Sanitation District prior to sign-off o f building permit. In addition, the applicant shall comply with new regulations requiring sprinkler heads that provide a larger flow that may impact the plumbing design, the size of the water tap, and water service fees. h. At the time of building permit, Environmental Health shall review the plans for the juice bar sct-up and operations. 3. Per the Aspen Pitkin County Housing Authority Board approval o f the application on March 5,2003, the applicant shall conduct an audit, based on the standards of the previous audit (of Section BAG of the 1" Amended and Restated Subdivision Agreement, recorded in Book 574, Page 792 of the Pitkin County Clerk and Recorder), after onc full fiscal year from the date of issuance of the certificate of occupancy for the proposed new spa facility, hotel rooms, timesharc units, and residence under the following terms: a. The Housing Office Operations Manager shall select and retain the auditor. b. The applicant shall be fully responsible for all fees associated with retaining an auditor. c. The audit shall occur after one full fiscal year of operation. 4. Should the housing audit show an increase in the number of employees over those mitigated for in the original PUD approval (331 employees, or 60% of 331 which equals 198.5 employees), the applicant shall return to the IIousing Authority under the following terms: a. The applicant shall provide deed restricted, affordable housing for 60% of any additional employees of the new facilities. b. The applicant shall abide by the Aspen/Pitkin County Affordable Housing Guidelines in effect at the time of the audit. c. The term employee shall include all payroll and non-payroll employees generated by the application. 1 ill'll- 1 lill'1111-111 -illillillilill'1111]1 Pagâ€¢: 4 of 5 484489 06/25/2003 10:46A S.LVIA DAVIS PITKIN COUâ€žTY CO R 25.00 0 0.00 5. Final Condominium Declarations shall be submitted to the City concurrent with the submission of the Condominium Subdivision Plat and shall include the following language regarding timeshare: a. Timeshare estates shall be made available for short-term rental when the estate is not in usc by the owner o f the unit, the owner's guests, or persons occupying the unit under an exchange program. Units that are available for rental shall be listed - ~ at competitive rates in a central reservation system. b. The covenants o f the homeowners association shall permit walk-in rental o f units. The association shall not limit rental of units to such arrangements as only weekly rentals or Saturday-to-Saturday rentals; instead the association shall permit shorter stays, split-week rentals, and similar flexible arrangements. c. Owners o f timcshare estates shall be required to reserve their unit/time sufficiently far enough in advance to enable the public to obtain access to those units that are not so reserved. The term "sufficiently" shall be specifically defined, in terms of minimum number ofdays notice required. d. The owner of a timeshare estate shall not bc permitted to occupy that estate for any period in excess ofthirly (30) consecutive calendar days. e. The owner of a timesharc estate shall be prohibited from storing a vehicle in a parking space on-site when that owner is not using the estate. 6. The timeshare lodge units that remain in the developer's inventory shall be made available for renta! to the public while the estates are being sold, except for models and other units that arc needed for marketing or promotional purposes. 7. The Applicant shall pay the City of Aspen school land dedication fees for the additional residential unit. These fees shall be due and payable at the time of issuance of a building permit for the development. 8. A PUD Agreement and Amended PUD Plan shall be recorded within 180 days of the final approval by City Council and shall include the information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). 9. The applicant shall file a Notice of PUI) in the Clerk and Recorders office o f Pitkin County subsequent to receipt of a development order, or prior to issuance of a building permit. 10. With this approval, the applicant shall commit to having the St. Regis Hotel open for business year around. 11. The applicant shall pay a tax impact mitigation fee of $449,552 to the City of Aspen. The fee may be paid in quarterly installments, but the total amount shall be paid within twelve (12) months of the issuance of a building permit for the timeshare units. Section 2: â€ž84489 1 11111111 lilli lim 11111111 Pag.: 5 of 5 06/25/2003 10:46A 6ILF IA C.VIS PITKIN Â·_CJ.TY (.1 R 26.00 0 0.00 All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan approvals and the same shall bc complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Ordinance shall not effect any existing litigation and shall not operate as an abatement . of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall bc deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A public hearing on this ordinances will be held the 278 day ofMay 2003 at 5:00 p.m. in the City Council Chambers, 130 S. Galcna, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISIIED as provided by law, by the City ,..<64Â¥ci,4 9~14% City of Aspen on this 12thh day of May, 2003. - 4 " .9 . KathryNebch, ~ly Clerk 1461eK Ktflin Al~fid~d, Mayor FINALLY, ADOPTED, PASSED, AND APPROVED this 9h day 8(June, 2003. /: i c r 43/%2 f <#04UAliLiff.~. f - 1 1 re 1 ho''A:,4-6,0.j i -Glâ€¢=~t~/City Clerk 1-!61en'Kafin ]2~ aden?N,~layor APPROVED AS TO FORM: -4 A tala 41,1-1,003 liii-torcestor, City Attorney i ef- ' 'I L i i I Yll,u</ 1/ 5-1-01- ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ,As n f u 1 Park -1 -1 1 1 MS ki ' 64 1,<spen, CO : SCHEDULED PUBLIC HEARING DATE: Tb/1 / 05 , 200_ 1 1 STATE OF COLORADO ) ) SS. County of Pitkin ) #3&49 L ~ hoff (name, please print) being or representing an Applicant to the City of Aspen. Colorado. hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: A Publication of n,otice: By the publication in the legal notice section of an official ' paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting ofnotice: By posting of notice, which form was obtained from tb Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 200 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days,prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal governmGnt, Â« school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet o f the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) 4 54 Public Not PUBLIC NOTICE RE: ASPEN BACK INSTITUTE AT THE ST. REGIS HOTEL PUD AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, February 1. 2005 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room. 130 S. Galena St., Aspen, to consider an al>- plication submitted by the Aspen Back Institute, 1nc. requesting approval of a PUD amendment to operate a back injury treatment facility/ spa inl the food and beverage space that last housed ~0 "Whiskey Rocks" within the St. Regis Hotel. The property subject to the application is legally de- ~ ~ scribed as Lot 1, of the first amended plat of the Aspen Mountain Siabdivision/PUD. For further information, contact .lames Lindt at the City of Aspen Community Development De- partment. 130 S. Galena St.,Aspen, CO, (970) 429- t* 2763, james]@ci.aspen.co.us. s/Jasmine Tygre, Chair Aspel. Planning and Zoning Commission Published in The Aspen Times on January 16, 2005.(2295) LIST OF THE OWNERS AND GOVERN NTAL AGENCIES NOTICED PHOTOGRAPH OF THE POSTED NOTICE (SIGN) COPY OF THE PUBLICATION 0,71 0 1 -1 - â€¢*'12 9 s Â· Câ€¢ p cn * / O E- -0 2 & b â‚¬ 2- 23 f R - 8 E. 3 2. 5- A M 4 0.Â©4 8 2 Â©6 +V -., O 0-' 1, O Al 4 Â»,4 -) 04 2 J 990EEk O 0 4 R. , 1 0 . -ID 90 1-0 Z K f 22 - Â« 0 0. /1 OO |yl ~: (19 (~ ~ 2% 5, Rf Ck., 43 â‚¬ 3 g CPO .3 -O CD 0 24 C/D â‚¬ 3 "'% 2 e 1.33 rjR M 0 tA 8 i~ ft a g f,IÂ·Ii & 13 4 Â¤ CD "Ij C \I 8 * 0 2. R 0-4\ (RD R .Ii' ~0 9 2 3. CD 0 0 8 18 R S t; 8 C L.B 2 2. (--O 02 t; UW 3 ~1 -. 00 e o dE; N D E. * Â»6 O +6 2 22 N Â¢\ 0 * 9 C. ~ Â¤ 1 JQL (C tj .,72 jo PEE" 5% Er 2 - 1 .i' 1 2 0 5- R . p-'. ~g P . 2 R wa to be chan ged or amended incidental to or as part ral revision he w se of an accurate survey iap o itle or whene this Title is to be ame public hearin wners of r :SING[KH)Vily Rezoning or text amendment. Whenever the official zonii istrict map is in aimetfw#0. eency during a 1 business hours osed zoning map as been a' notice to an e and enactment of a ne land u e ~43.9.-1224% 7[VE[S UVIOIdd nge shall PUBLIC NOTICE DATE~wal_ TIME-139-Â£11 PLAL ITY HM L PURPÂ£3E PID AMENOMFI,1 10 OPERA i A HAu ,Â· TRF ATIÂ·W NT 2 A r./hyP. 1,1,1 i t,1 'TE,- 1!4J 4 Y 6 <6'9 3- i-. 3- p 0 i - County of Pitkin } AFFIDAVIT OF NOTICE & } SS. MAILING PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE CODE SECTION 4-90 I AL, b AL ul Al,AM , being or representing an , Applicant to the Pitkin County Development Permit, personally certify that I have complied with the public notice requirements pursuant to Section 4-90 of the Pitkin County Land Use Regulations in the following manner: 1. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days prior to the public hearing to all owners of property adjacent to the subject property, as indicated on the attached list, on the \ 1 day of 'I A- , 2003(which is .0. days prior to the public hearing date of 0-\ AÂ°f ). The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public hearing. 2. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days prior to the public hearing to the owner(s) o f the mineral estate underneath the subject property, as indicated on the attached list, on the ,4 day of JA+ , 2001 (which is 1% days prior to the public hearing date of 1(flof ). The names and addresses of the mineral estate owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public hearing. 3. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that said sign was posted and visible continuously from the \ 4 day of , 200.5 to the L day of Ve\0 , 200Â£ (Must be posted for at least fifteen (15) full days before the hearing date). A photograph of the posted sign is attached hereto. AOH- Skz- 9Â·Al +Ack Applicant' s name Signdture (Attach photograph here) Signed before me this / 3 day 003~*Â£<- +L.c-r 20Â®by gta--0 2200 v'naja ' J WITNESS MY HAND AND OFFICIAL SEAL My commission expfes: -0 / / 0/300 8' Elln 6 44Â« fi i A Notary Public 99 21-*d Notary Public's Signature . PUBLIC NOTICE RE: ASPEN BACK INSTITUTE AT THE ST. REGIS HOTEL PUD AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, February 1, 2005 at a meeting to begin at 4:30 p.m, before the Aspen Planning and Zoning Commission, Sister Cities Room, 130 S. Galena St., Aspen, to consider an application submitted by the Aspen Back Institute, Inc. requesting approval of a PUD amendment to operate a back injury treatment facility/spa in the food and beverage space that last housed "Whiskey Rocks" within the St. Regis Hotel. The property subject to the application is legally described as Lot 1, of the first amended plat of the Aspen Mountain Subdivision/PUD. For further information, contact James Lindt at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2763, jamesl@ci.aspen.co.us. s/Jasmine Tvere, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on January 15,2005 City of Aspen Account 710 S ASPEN LLC ALYEMENI MOHAMMED & ALICE ANDERSON BRUCE J 314 S GALENA ST STE 200 3109 OAKMONT DR 700 S MONARCH #207 ASPEN, CO 81611 STATESVILLE, NC 28625 ASPEN, CO 81611-1854 APRIL FAMILY TRUST 1/4 INT ASPEN ALPENBLICK NO 3 LLC ASPEN SKIING COMPANY 3501 S 154TH ST 211 VINE ST PO BOX 1248 WICHITA, KS 67232-9426 DENVER, CO 80206 ASPEN, CO 81612 BALDERSON CABELL LLC BATMALE MARK BECKMAN SUSAN R C/O BURKE AND NICKEL 519 EAST ST PO BOX 8167 3336 E 32ND ST STE 217 GLENWOOD SPRINGS, CO 81601 ASPEN, CO 81612 TULSA, OK 74135 BENT FORK LLC BENNETT WOOD INTERESTS LTD BIELINSKI JUDITH C/O FESUS GEORGE PO DRAWER 1011 2121 TROWBRIDGE CT P O BOX 9197 REFUGIO, TX 78377 GLENVIEW, IL 60025 ASPEN, CO 81612 BILLINGSLEY FAMILY LP BIRDMAN DIANE BLEILER JUDITH A 1206 N WALTON BLVD 307 S 21ST AVE PO BOX 10220 BENTONVILLE, AR 72712 HOLLYWOOD, FL 33020 ASPEN, CO 81612 BRENDAMOUR DOUGLAS P CHILDRENS BOURGAULT MARY JANE BRIDGE TIM TRUST 555 E DURANT AVE #4J 300 PUPPY SMITH ST STE 203-225 6105 PARK RD ASPEN, CO 81611 ASPEN, CO 81611 CINCINNATI, OH 45243 BRIGHT GALEN BUSH STEVEN S CAMERON JAMES & NANCY PO BOX 1848 0046 HEATHER LN 169 FAWN VALLEY DR ASPEN, CO 81612 ASPEN, CO 81611 MC MURRAY, PA 15317 CASTERLINE ROBERT A CHIATE KENNETH R & JEANNETTE CHILDS INVESTMENT COMPANY 67 PUBLIC SQ STE 505 20628 ROCKCROFT 0284 CR 102 WILKES-BARRE, PA 18701 MALIBU, CA 90265 CARBONDALE, CO 81623 CITY OF ASPEN CLAYCOMB J BARRY COHEN ARTHUR S 130 S GALENA ST 3157 D PINEHURST DR IBSEN 72 ASPEN, CO 81611 LAS VEGAS, NV 89109 MEXICO CITY MEXICO, 11560 COLBERT JAMES & ELIZABETH COLE THOMAS H CROW MARGERY K & PETER D C/O HERITAGE DEVELOPMENT 1647 E MAPLEWOOD AVE 46103 HIGHWAY 6 & 24 PO BOX 4 MIDLETON CENTENNIAL, CO 80121 GLENWOOD SPRINGS, CO 81601 CO CORK, IRELAND DEAN PHILLIPS INC CYS RICHARD L AND KAREN L DAVIS CAROL 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PAUL VANTONGEREN HAROLD V & LIDIA M VELMAR A COLORADO CORP P O BOX 6266 2000 E 12TH AVE BOX 8 400 E MAIN ST KEY WEST, FL 33041-6266 DENVER, CO 80206 ASPEN, CO 81611 WALDE WILLIAM L WAPITI RUNNING LLC WARGASKI ROBERT E TRUST 6501 GOLDLEAF DR PO BOX 1003 30353 N DOWELL RD BETHESDA, MD 20817 ASPEN, CO 81612 MCHENRY, IL 60050 WELCH PATRICK T & DEBORAH P WEBSTER HUNTER M WEIGAND N R ASPEN LODGING CO PO BOX 2366 150 N MARKET ST 747 S GALENA ST ASPEN, CO 81611 WICHITA, KS 67202 ASPEN, CO 81611 WHEELER CONNIE CHRISTINE WILSON CHARLES J WOODSON TATJANA D MC CALLION GERARD 2572 NE MILDRED ST P O BOX 125 322 E 57 TH ST #3B JENSEN BEACH, FL 34957 TETON VILLAGE, WY 83025 NEW YORK, NY 10022-2949 ZIMAND SHERRY ZUCKER HOWARD B & DEBRA L 5426 OSPREY ISLE LN 107 S MCINTYRE WY ORLANDO, FL 32819 GOLDEN, CO 80401 PUBLIC NOTICE RE: ASPEN BACK INSTITUTE AT THE ST. REGIS HOTEL PUD AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, February 1, 2005 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, 130 S. Galena St., Aspen, to consider an application submitted by the Aspen Back Institute, Inc. requesting approval of a PUD amendment to operate a back injury treatment facility/spa in the food and beverage space that last housed "Whiskey Rocks" within the St. Regis Hotel. The property subject to the application is legally described as Lot 1, of the first amended plat ofthe Aspen Mountain Subdivision/PUD. For further information, contact James Lindt at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2763,jamesl@ci.aspen.co.us. s/Jasmine Tvgre, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on January 15, 2005 City of Aspen Account 4.7Â·J 1. LÂ«90Â·Â·Â·Â·Â·. -..'ill'- 2004 STENEMAN ROBERT & MARY JANE PO BOX 9469 ASPEN, CO 81612 STEN469 816122007 1N 05 01/15/'05 RETURN TO SENDER NO FOP.WARD ORDER ON FILE UNABLE TO FORWARD RETURN TO SENDER kiei2#9463 MEMORANDUM TO: Plans were routed to those departments checked-off below: O Community Development Engineer O City Engineer Zoning Officer ............ Housing Authority Parks Department Aspen Fire Marshal City Water Aspen Consolidated Sanitation District Building Department Environmental Health Electric Department Holy Cross Electric City Attorney Streets Department Historic Preservation Officer Pitkin County Planning County & City Disaster Coordinator Parking Department FROM: James Lindt, Planner Community Development Department 130 S. Galena St.; Aspen, CO 81611 Phone-429-2763 Fax-920.5439 RE: Aspen Back Institute- St. Regis PUD Amendment DATE: 12/10/04 Cindy, Please review and return referral comments to me by January 7th. The Applicant wants to convert the Whiskey Rocks space in the St. Regis to a back injury treatment facility/spa area. We were thinking that because a housing audit is required on the entire hotel as part of their timeshare approvals (one year after CO), the employee generation analysis for this request would be wrapped into the housing audit. If the entire hotel shows an increase from the mitigation provided for the original PUD, they have to mitigate at that time. Please let me know what you think? Thanks, James Lindt ASPEN BACK INSTITUTE APPLICATION FOR PUD AMENDMENT AND GROWTH MANAGEMENT EXEMPTION SUBMITTED BY ALAN RICHMAN PLANNING SERVICES BOX 3613 ASPEN, COLORADO 81612 920-1125 DECEMBER, 2004 This is an application to amend the PUD Amendment recently granted for the St. Regis Hotel. The PUD Amendment was granted by the Aspen City Council pursuant to Ordinance No. 25, Series of 2003 (attached hereto as Exhibit #1). The St. Regis Hotel is located at 315 Dean Street and is zoned LTR/PUD. The purpose of this proposed PUD Amendment is to allow a portion of the space formerly known as the Whiskey Rocks Lounge to be converted into a spa area, where back injuries would be treated. As part ofthe 2003 PUD Amendment, the City authorized the conversion ofup to 15,300 sq. ft. of space on the Ballroom Level of the hotel into a spa area. In doing so, the City determined that a spa is an accessory use to a hotel, which is the principal use of the property. Therefore, this proposal would be an extension of this approval, by converting an existing accessory use (bar/lounge) to a different accessory use (spa). This application is being submitted by Aspen Back Institute, Inc. (hereinafter, "the applicant") which would lease the space ftom the owner of the property. The owner of the property is SLT Aspen Dean Street, LLC. Proof of the ownership of the property is provided by Exhibit #2, the commitment for title insurance. A letter from the owner authorizing Aspen Back Institute, Inc. to submit this application is attached as Exhibit #3. Authorization for Alan Richman Planning Services to represent Aspen Back Institute, Inc. is provided by Exhibit #4. The applicant has held several pre-application meetings with staff of the Community Development Department over the last several months. Following these meetings, staff issued a Pre-Application Conference Summary, which is attached as Exhibit #5. This summary states that the application will be processed as a PUD Amendment that is subject to review by the Aspen Planning and Zoning Commission. It also states that following review of the PUD Amendment, the Community Development Director will review the application to grant a GMQS exemption to the property. According to the Summary, this proposal qualifies as "remodeling or reconstruction of an existing lodge building which does not create additional hotel units or involve a change in use" and is therefore exempt from GMQS. The next section of this application identifies the applicable standards of the Aspen Land Use -Regulations for the PUD Amendment and provides a response to each of these standards. First, however, a description is provided of the Aspen Back Institute and how it plans to operate out of this location. The Aspen Back Institute Attached as Exhibit #6 is an executive summary ofhow the Aspen Back Institute (ABI) would propose to operate at the St. Regis Hotel. Following are the major elements ofthis proposed accessory use: 1. The Aspen Back Institute will be a destination spa for the treatment of spinal conditions. Clients will stay in accommodations at the Hotel and will receive daily treatments at the Institute and will also utilize the Hotel's spa facilities. 1 2. It is anticipated that approximately 20-25 patients will be treated at the Institute on a daily basis (6 days per week). Of these, approximately 75% of all of the patients are expected to be destination guests, staying at the Hotel. During the off-season (ApriFMay and October/November) virtually 100% of the patients will be destination guests. During the remainder of the year approximately 70% of the patients will be destination guests who stay at the Hotel, while the other 30% of the patients (6-8 persons per day) are likely to be persons who live in Aspen part time or full time. The applicant's lease agreement with the Hotel provides economic incentives for the applicant to meet or exceed these targets. Patients staying at the Hotel will receive priority for appointments at the Institute over those who are not staying at the Hotel. 3. Destination guests will be entered into a three week program that is similar to the Canyon Ranch Destination Spa (see description of Canyon Ranch attached to Exhibit #6). The program will follow a non-medical, holistic, therapeutic approach that addresses the body, mind, and spirit. The body component will include daily treatments of exercise, massage, electrotherapy, stretching, and similar activities. The mental and spiritual aspects will include lectures, reading, and related exercises. 4. The existing floor plan of this space and the proposed floor plan for the Back Institute are shown on the following pages. The proposed floor plan illustrates that the existing space will be remodeled into two primary areas. Upon entry, the participant will see a large central area, devoted to exercise machines and a floor exercise space. Around the perimeter of the facility will be a series of seven small treatment rooms, where participants will receive massage and other forms ofback therapy. 5. When the facility begins operating, there are planned to be 3 full time and 2 part time employees. These include the owner ofthe business and two physical therapists (one ofwhom is the owner's wife), a part time trainer, and a part time orthopedic doctor. Long term, it is anticipated that the business may grow to where it would have a total of six full time employees. If the City has any concerns about the level of employment planned for this use, we would point out that Condition #3 of Ordinance 25, Series of2003, requires an audit to be performed 1 year after the initial occupancy ofthe remodeled Hotel. This audit will provide the City with the opportunity to evaluate the overall employment at the Hotel, including the Aspen Back Institute. Condition #4 of that Ordinance then ensures that if there is an increase in employment at the Hotel from that mitigated in the original PUD approval, the owner of the property will be responsible for providing additional affordable housing based at the same level as represented in the original PUD. These conditions should provide all of the assurances the City requires regarding affordable housing generation and mitigation for this proposal. 2 1 +--lus->fL --22-1 1 --ill----9 - AR. 17 10 r T. 3 - w * WL-Â®- .41 W '49 /4 i ' ' ' ./1 I'-44' iâ€¢ I i ....... r. ..0 r I. Ill 1'91I0NI~01 ! 1' t 1 4. 0 1 1 0 , 1 i :. 1 1 1 1 L .1 r -4 f 71. ...........-I..-'-1 - .-'I.-.-.--t=. =r .....--.1-Â· ....Â® .2 - -4 . I '4 0 A 0 1 \ i 9 '2 -:r IL ' I m 4 ',1 1 $ 412& 1.1 #' i ld 1 1 Z â€ž- --1- .-.-1--, ....... 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PRIOR FLOOR PLAN (BAR/LOUNGE) 1 -i 11 1 1 , I 1 j ~ ~ f.1 4 i 1 i 1 1 1 I UI. , Enati 1~ -L / 1 **ENS 7REATMENT /'DEÂ¥ AREA 5/ \ /.1 j / T EATNEIâ‚¬ 34 27 17 Square //il MACHIN AREA lili / TREAT1* / j i lu Illj Â»AT.0 /, EXERCI AREA lo REATMENT REATMENf REATM j//31;ji 1 4 PROPOSED FLOOR PLAN (ASPEN BACK INSTITUTE) PUD Amendment 1% Section 26.445.100 of the Aspen Municipal Code describes two types ofPUD Amendments that may be processed. Sub-section A. provides a set of threshold standards for approval of an insubstantial amendment by the Community Development Director. Since this proposal only requires an internal modification of existing space, it clearly does not trigger any of these thresholds, which address issues such as increased site coverage, reduction in open space on the site, and increases in gross floor area. The only standard which requires any discussion is #9, which reads as follows: 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. It is the applicant's position that the proposal to use this space for a spa, which is accessory to the hotel use, is not inconsistent with any condition or representation ofthe prior approval. The applicant is not aware of any representation that would have required this space to continue to be used as a bar, nor was any condition established that limited its use. In fact, to the best of our knowledge, the bar never even received a distinct review by the City. Therefore, since the City has determined that a spa is an accessory use to the hotel and since the City agrees that this proposed use is a spa, we would ask the City to reconsider its decision to subject this application to the full PUD Amendment process and instead review this application as an Insubstantial PUD Amendment. If the City determines that this proposal cannot be authorized as an insubstantial amendment, then our response to sub-section B. follows below. However, a review of our responses to the standards for a full PUD Amendment illustrates that the proposed change involved in this application is not the type that should require full PUD review. This change does not alter the approved site plan or architecture, nor does it require the provision of additional parking or public facilities. Therefore, we do not believe there is anything to be gained through review ofthis application via the public hearing process. The sole standard for the review ofa PUD amendment under sub-section B. is that it must be shown to be "consistent with or an enhancement of the approved final development plan". It has been the practice ofthe City that to make such a finding, a PUD Amendment must comply with all of the criteria applied to a full PUD. Therefore, following is a response to these standards, most of which are not applicable to this proposed minor change to the interior ofthe Hotel. A. General Requirements 1. The proposed development shall be consistent with the Aspen Area Community Plan. Response: The City found the 2003 amendments to be consistent with this standard and we believe this should also be the case for this amendment. The finding in the staff memo was that the proposal for timesharing and for the planned hotel spa "will make the project more attractive to visitors" and thereby help to sustain the local economy. 5 The reason the Aspen Back Institute is attractive to the operators of the Hotel is that it will be an amenity for the Hotel and will help to draw additional visitation to the St. Regis, particularly during the off-season. The applicant has been conducting research on spa facilities and has found that an increasing number of these operations are placing an emphasis on health and wellness as part of their offerings to guests. Where spas may have originally started by catermg primarily to customers seeking facial treatments or massages, nowadays more spas are offering programs addressing healthy lifestyles, diet, exercise, and educational programs. Clearly, the leader in this field is the Canyon Ranch, where guests stay in on-site accommodations and participate in a full range of health and wellness programs. The Aspen Back Institute intends to model its program on the Canyon Ranch experience. Canyon Ranch has found that people are willing to organize a vacation around a health and wellness program, provided the program is located in an attractive resort setting and is part ofa high quality hotel. Aspen represents precisely the type of healthy mountain community that could attract such destination visitors and the new spa at the St. Regis Hotel provides an ideal setting for this type of program. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. 3. The proposed development shall not adversely ajfect the future development of the surrounding area. Response: This development will be consistent with the character of existing land uses and will not have a negative affect on the future development of the surrounding area. The proposed use of this space will be accessory to the Hotel. The Hotel has previously been determined to be an appropriate and compatible use in this location. This proposal will also complement the previously-approved spa by providing clients services that are not offered at the Hotel's spa. It will not draw significant day traffic to the Hotel, but will instead help to fill up the rooms at the Hotel with destination guests. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development andwill be considered prior to, or in combination with, jinal development plan review. Response: Staffhas determined that the proposed remodeling activity is exempt from GMQS. B. Establishment of Dimensional Requirements: The final PUD development plan shall establish the dimensional requirements for all properties within the PUD, as described in General ~ Provisions, Section 26.445.040, above. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During the review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. The proposed development requirements shall comply with the following: 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: 6 a. The character of, and compatibility with, existing and expected future land uses in the surrounding area. b. Natural or man-made hazards. c. Existing natural characteristics of the property and surrounding area, such as steep slopes, waterways, shade, and significant vegetation and landforms. d. Existing and proposed man-made characteristics of the property and the surrounding area, such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. Response: No change to the project's approved dimensional requirements is proposed. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate andfavorable to the character ofthe proposed PUD and ofthe surrounding areas. Response: No changes are proposed to the scale and massing ofthe structures on the property, nor to the quantity ofopen space that is present. The appropriate number of o#-street parking spaces shall be established based on the follow- ing considerations: a. The probable number of cars used by those using the proposed development, including any non-residential land uses. b. The varying time periods ofuse, when joint use of common parking is proposed. c. The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d The proximity of the proposed development to the commercial core and general activity centers in the City. Response: No change to the number of parking spaces is proposed, since this will be an accessory use that will serve primarily hotel guests. As compared to the prior use ofthis space as a bar/lounge, which attracted people from throughout the community, this use should result in a net reduction in demand for parking. It is also important to note that over the years it has operated, the hotel has generally had more parking spaces available than have been needed, so if any parking demand is generated by this use, it should be easily accommodated on-site. 4. The maximum density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: 7 a. There is not su@cient water pressure, drainage capabilities, or other utilities to service the proposed development. b. There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Response: The applicant is not proposing any change to the PUD's approved density. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density may be reduced if: a. The land is not suitable for the proposed development because of ground instability or the possibility of mudflow, rockfalls, and avalanche dangers. b. The e#ects of the proposed development are detrimental to the natural watershed due to runoff drainage, soil erosion and consequent water pollution. c. The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d. The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes disturbance to critical natural features Of the site. Response: There are no natural hazards or critical natural site features that should cause the density of the PUD to be reduced. 6. The maximum density within a PUD mqy be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a. The increase in density serves one or more goals of the community, as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is 1 subject. b. The site's physical capabilities can accommodate additional density and there exists U F no negative physical characteristics of the site, as identified in subparagraphs 4 and 5 above, those areas can be avoided, or those characteristics mitigated c. The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. 8 Response: The applicant does not propose to increase the project's density. C Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public'shealthandsafety. Theproposed developmentshall comply withthe following: 1. Existing natural or man-made features Of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. Response: There are no natural features that will be affected by the proposed development. All construction will be limited to a single space within the existing building. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Response: Not applicable. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. Response: Not applicable. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. Response: Not applicable. 5. Adequate pedestrianand handicapped access isprovidect Response: Not applicable. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Response: Not applicable. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Response: There are no changes planned to the spaces between the buildings. D. Landscape Plan. The purpose of this standard is to ensure the compatibility of the proposed 9 landscape with the visual character of the City, with surrounding parcels, and with existing and proposed features ofthe subjectproperty. The developmentplanshall comply withthe following: 1. The landscape plan exhibits a well designed treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Response: No are changes planned to the landscaping. i E. Architectural Character. It is the purpose of this standard to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as \ part of the final development plan an architectural character plan which adequately depicts the character ofthe proposed development. Theproposedarchitecture of the development shall: 1. Be compatible withorenhance the visualcharacter ofthecity, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. Response: There are no changes planned to the architecture ofthe building. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non-or-less intensive mechanical systems. Response: Not applicable. 3. Accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require signijicant maintenance. Response: Not applicable. F. Lighting. The purpose of this standard is to ensure the exterior of the development will be lighted in an appropriate manner, considering both public safety and general aesthetic concerns. The 10 following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall be in compliance with the Outdoor Lighting Standards, unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibitedfor residential development. Response: Not applicable. G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit Of the various land uses and property users of the PUD. A proportionate, undivided interest in all common park and recreation areas is deeded in perpeluity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legalinstrumentfor the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. Response: Not applicable. H. Utilities and Public Facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified,jinancial burden. The proposedutilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost Of the developer. 3. Oversized utilities, public facilities, or site improvements are provided appropriately where 11 the developer is reimbursedproportionately for the additional improvement. Response: Not applicable. L Access and Circulation. The purpose of this standard is to ensure the development is easily - accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and trail facilities, and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestricm way, or other area dedicated to public or private use. 01 Response: No changes to access will occur. 2. The proposed development, vehicular access points, and parking arrangement do not create traft~c congestion on the roads surrounding the proposed development, or such surrounding 5 roads are proposed to be improved to accommodate the development. Response: No new traffic will be generated by this proposal. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the i rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. Response: Not applicable. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans \ regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. Response: No additional trail recommendations from the AACP affect this property. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. Response: There are no streets planned within the project. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the \ PUD, are minimized to the extent practical. Response: No gates or other entryway expressions are planned as part ofthis project. 12 1 Phasing of Development Plan. The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees-in-lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required afordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associaledwith the phase. Response: A phased development is not proposed for this project. Conclusion The applicant has submitted all of the materials requested during the pre-application conference, has responded to the applicable standards of the Aspen Land Use Code, and has demonstrated the project's compliance with said standards. Please feel free to contact us if any additional information is required. 13 EXHIBITS ---11 f ---- - 11 EXHIBIT r - Pag 1 of 5 lima -m ummwwinnumanim 48 189 06/25/2003 10:46A SILVIA [mVIS PITKIN COUNTY CO R 26.00 D 0.00 ORDINANCE N0.25 (SERIES OF 2003) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT, GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS, TIMESHARE, AND SUBDIVISION FOR THE ST. REGIS HOTEL, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-1828-5001 WHEREAS, the Community Development Department received an application from the SLT Aspen Dean Street, LLC (Applicant), requesting a PUD Amendment, Growth Management Quota System Exemptions, Timeshare, and Subdivision to convert 98 of the existing 257 hotel rooms into 24 timeshare lodge units and one residential unit; to convert a portion of the existing meeting room, hotel office, and accessory space on the Ballroom Level into an approximately 15,300 square foot spa amenity; to convert the existing spa facility on the Second Level of Building B to the relocated hotel offices; and to modify the 22 approved, but un-built hotel rooms in Building C into 20 hotel rooms; i and, WHEREAS, the 24 timeshare lodge units are proposed to be sold in a minimum of 1 /11 th fractional interests; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Waste District, City Engineering, Building, Fire, Streets, Parks, Housing, Environmental Health, and Water Departments as a result of the Development Review Committee meeting; and, WHEREAS, the applicant has chosen to consolidate all of the land use approvals, in accordance with Section 26.304.060, so that City Council will be the final reviewing bodv on all land use requests: and. WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Department recommended approval, with conditions, for the proposed land use requests for the St. Regis Hotel; and, WHEREAS, at its meeting on March 5,2003, the City of Aspen / Pitkin County ~ Housing Authority forwarded a recommendation of approval to City Council at its - meeting to approve the proposed employee mitigation through an audit program; and, WHEREAS, the Planning and Zoning Commission forwarded a recommendation of approval via Resolution No. 10, Series of 2003, by a vote of three to two (3 - 2), to City Council to approve a PUD Amendment, Growth Management Quota System Exemptions, Timeshare, and Subdivision; and, 1 Ilil li Il 1 lill I 1 illi Ill Ilill 1 li li Page: 2 of 5 4489 06/25/2003 10:46A SILVIA DAVIS FI-KIA COLâ€ž-Y CO R 26.00 D 0.00 WHEREAS, the City of Aspen City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and WIIEREAS, the City of Aspen City Council reviewed and considered the development proposal at a regular City Council meeting on June 9,2003 and, by a vote of five to zero (5 - 0), approved this Ordinance (on Second Reading) for a PUD Amendment, GMQS Exemptions, Timeshare, and Subdivision; and WHEREAS, the City of Aspen City Council finds that this Ordinance furthers and is necessary for the promotion ofpublic health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE ASPEN CITY COUNCIL THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Aspen City Council approves the PUD Amendment, GMQS Exemptions, Timeshare, and Subdivision, subject to the following conditions: 1. The building permit application shall include: I a. A copy o f the final Ordinance. b. The conditions of approval printed on the cover page of the building permit set. c. A traffic management plan that addresses issues such as construction worker parking and hauling routes. 2. Prior to issuance ofabuilding permit: a. The primary contractor shall submit a letter to the Community Development Diieclui staling dialÂ·die colidilions uf zippioval have becii read and undersrood. b. All tap fees, impacts fees, and building permit fees shall be paid. - c. A complete set of sprinkler and alarm plans shall be submitted to the Aspen Fire Marshal in order to determine if the fire sprinkler system and alarm system is adequate. d. The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed. All sanitation-related improvements below grade shall require the use of a-pumping station. The conversion from lodge units may result in additional tap fees due to the additional kitchens and other sources of ~ , wastewater. e. The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the -applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Based on the sprinkler requirements of the Fire -1 lilli lilli --1 111 1 ----lilli lillill-i-11 Page: o of 5 484 3 06/25/2003 10:46A SILLIA DAVIS PITKIIL JOU.TY CJ R 26.00 D 0.00 Department, a new and larger water tap may be needed. An additional tap fee may be assessed due to the change in use. f The applicant shall consult the Colorado Revised Statutes (CRS) to detennine the required number of type A and type B units as it pertains to food/beverage service areas. American With Disabilities Act (ADA) Accessibility shall be provided to all timeshare units and to the juice bar and spa. A Temporary Certificate of Occupancy (TCO) may be issued subject to safety and Fire Department concerns being addressed to the satisfaction of the Fire Marshal and the Aspen Building Department. g. The applicant shall be subject to the soon to be adopted International Fire Code if adopted at time of building permit. The applicant shall submit a complete set of fire sprinkler and alarm plans to the Fire Department, Water Department and Sanitation District prior to sign-off of building permit. In addition, the applicant shall comply with new regulations requiring sprinkler heads that provide a larger flow that may impact the plumbing design, the size of the water tap, and water service fees. h. At the time of building permit, Environmental Health shall review the plans for the juice bar set-up and operations. 3. Per the Aspen Pitkin County Housing Authority Board approval of the application on March 5,2003, the applicant shall conduct an audit, based on the standards of the previous audit (of Section B-4G of the 1st Amended and Restated Subdivision Agreement, recorded in Book 574, Page 792 of the Pitkin County Clerk and Recorder), after one full fiscal year from the date of issuance of the certificate of occupancy for the proposed new spa facility, hotel rooms, timeshare units, and residence under the following terms: a. The Housing Office Operations Manager shall select and retain the auditor. b. The applicant shall be fully responsible for all fees associated with retaining an auditor. c. The audit shall occur after one full fiscal-year of operation. 4. Should the housing audit show an increase in the number of employees over those mitigated for in the original PUD approval (331 employees, or 60% of 331 which equals 198.5 employees), the applicant shall return to the Housing Authority under the following terms: a. The applicant shall provide deed restricted, affordable housing for 60% of any additional employees of the new facilities. b. The applicant shall abide by the Aspen/Pitkin County Affordable Housing Guidelines in effect at the time of the audit. c. The term employee shall include all payroll and non-payroll employees generated by the application. 489 ~plit ~ ~~ ~I1-1 ~~I'll' Ill Elli 'I k/:0~ ~0: 45A I lilli SILVIA DAVIS Fi-KIN COLN-Y CO R 26.00 D 0.00 5. Final Condominium Declarations shall be submitted to the City concurrent with the submission of the Condominium Subdivision Plat and shall include the following language regarding timeshare: a. Timeshare estates shall be made available for short-term rental when the estate is not in use by the owner of the unit, the owner's guests, or persons occupying the unit under an exchange program. Units that are available for rental shall be listed at competitive rates in a central reservation system. b. The covenants o f the homeowners association shall permit walk-in rental o f units. The association shall not limit rental of units to such arrangements as only weekly rentals or Saturday-to-Saturday rentals; instead the association shall permit shorter stays, split-week rentals, and similar flexible arrangements. c. Owners of timeshare estates shall be required to reserve their unit/time sufficiently far enough in advance to enable the public to obtain access to those units that are not so reserved. The term "sufficientlf' shall be specifically defined, in terms of minimum number of days notice required. d. The owner of a timeshare estate shall not be permitted to occupy that estate for any peiod in excess of thirty (30) consecutive calendar days. e. The owner of a timeshare estate shall be prohibited from storing a vehicle in a parking space on-site When that owner is not using the estate. 6. The timeshare lodge units that remain in the developer's inventory shall be made available for rental to the public while the estates are being sold, except for models and other units that are needed for marketing or promotional purposes. 7. The Applicant shall pay the City of Aspen school land dedication fees for the additional residential unit. These fees shall be due and payable at the time of issuance of a building permit for the development. 8. A PUD Agreement and Amended PUD Plan shall be recorded within 180 days of the final approval by City Council and shall include the information required to be inclmled in a PT TD A crrep.ment, plirqlignt tn <Qprtinn 76 445 070(73 9. The applicant shall file a Notice of PUD in the Clerk and Recorders office of Pitkin County subsequent to receipt of a development order, or prior to issuance of a building permit. 10. With this approval, the applicant shall commit to having the St. Regis Hotel open for business year around. 11. The applicant shall pay a tax impact mitigation fee of $449,552 to the City of Aspen. The fee may be paid in quarterly installments, but the total amount shall be pid within twelve (12) months o f the issuance of a building pennit for the timeshare units: Section 2: lili Il 1--1 1 1 lilli lilli illi li 484489 7 . Page: 5 of 5 06/25/2003 10:46A SILLIA DAVIS PIT,<Ilv :C-. TY CJ R 26.00 D 0.00 All material representations and commitments made by the applicant pursuant to this application, whether ill public hearings or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such pnor ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity o f the remaining portions thereo f. Section 5: A public hearing on this ordinances will be held the 27th day ofMay 2003 at 5:00 p.m, in the City Council Chambers, 130 S. Galena, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City -- ,..'Â§04]FiJ~ dfite City of Aspen on this 12th~ day of May, 2003. 'fRalld*@Moh, ~y Cferk -Ideled Kdlin -Al*dd&~d, Mayor FINALLY, ADOPTED, PASSED, AND APPROVED this 0 day ~June, 2003. BL i oF 43,2'4: , 119\ -1 F ; .,3/ji,F,11,EfjOI1Â£: -*- +19.JFC.12.~~Api.~.~.4-A j/L>.~ , E p,td*~14/City Cferk HJ]en'Kafin I~6iEGrthi1 Mayor t#1B=.././W3Â£.iv i d APPROVED AS TO FORM: /~~~24 A urk 4 Â£2404 E-JoiliT*orces*r, City Attorney EXHIBIT #2 First American Title Insurance Company COMMITMENT FOR TITLE INSURANCE ~â‚¬1-ar-pir** SCHEDULE A File No: 0700331 Customer Reference: 44*-; - : 1 3 ICommitment Date: December 20.2002,7:00 am 41 Issue Time: January 15,2003,3:37pm ALTA OWNER'S POLICY Policy Amount: Proposed Insured: A Buyer To Be Determined ALTA LOAN POLICIES Policy Amount: Proposed Insured: Proposed Insured: Policy Amount: The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple and title thereto is at the effective date hereof vested in: SLT Aspen Dean Street, I.LC., a Delaware limited liability company Owner's Premium: Loan Premium: Add'l Lender Chg: ISSUED BY: Add'] Charges: Tax Certificate: THE TITLE COMPANY OF THE ROCKIES, INC. Endorsement Chg: Wells Fargo Center Suitc 104 IBD Charges: $175.00 0070 Benchmark Road PO Box 980 Avon, Colorado 81620 TOTAL CHARGES: $175.00 (970) 949-9497 iâ‚¬95~9*W*0@1 L . - . _- 213 1Â¥tÂ·Â£04. . *2+24'. 82?: 155%-- 43Â»i~klkilia *%334423~ 49*999*41k;.. 1 SCHEDULE A -CONTINUED 4.SH**211 2 "612 lic land referred to in the Commitment is covering the land in the State of Colorado, County of Pitkin, described 39%'as follows: .:tmz...2- 1.2 Lot 1, RE-FIRST AMENDED PLAT ASPEN MOUNTAIN SUBDIVISION AND PLANNED UNIT F DEVELOPMENT, according to the Plat thereof filed October 3, 1988, in Plat Book 21 at Page 35 and +7: Amendments thereto filed July 1, 1989, in Plat Book 22 at Page 85, December 28, 1990, in Plat Book 25 at page 49, October 1,1992, in Plat Book 29 at Page 71 and February 9, 1993, in Plat Book 30 at Page 65. Together with the non-exclusive easement for the purpose of providing vehicular and pedestrian access, as created defined and established by Easement Agreement between Mountain Chalet Enterprises, Inc., a Colorado corporation and Savanall Limited Partnership, a District of Columbia limited partnership recorded October 4,1989 in Book 604 at Page 184. -I'll----.------I-- -ght . File No: 0700331 First American Title Insurance Company COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION 11 EXCEPTIONS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. Any loss or damage. including attorney fees, by reason of the matters shown below: STANDARD EXCEPTIONS: 1. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 2. Easements or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, cncroachments, and any other facts which a correct survey would disclose and which are not shown by the public records. 4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished. imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer-3EF*t:i"orfbranyÂ·othe#special..i=ing.djiI#Â£L ADDHIONAL EXCEPTIONS: 7. Right of the Proprietor of a Vein or Lode to extract and remove his ore therefrom, should thc same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded April 4, 1884, in Book 11 at Page 65. 8. Assignment ofEasement between Ralph P. Melville and Marian II. Melville, as Assignors and Mountain Chalet Enterprises, Inc., a Colorado corporation, as Assignec, recorded December 29, 1975, in Book 307 at Page 88. 9. Easement and right of way to construct, operate and maintain an underground facility for vehicle parking, conference T-ooms and other lodge related uses, as granted by Savanah Limited Partnership, a DiSIriet of Columbia limited partnership to Mountain 5 331>; 4 ~ 1 9.1. ~ 42Â·-- A.1-1&:-%391 1 1- Chalet Enterprises, lac,, a Colorado corporation by instrument recorded October 4. 0 -1 '-1 *:lam. - 5% 9 0 81-Lit-- . 1989, in Book 604 at Page 184, said easement being more particularly described -32'ORN :2 - therein. 'ft~ F z ' h : 10. Contract for Electric Service between Savanah Limited Partnership and Holy Cross Electric Association, Inc. recorded April 14, 1992, in Book 674 at Page 355. 11. Planned Unit Development/Subdivision Agreement between the City of Aspen, Colorado and Savanah Limited Partnership, recorded October 3, 1988, in Book 574 at Page 792, August 15, 1990, in Book 627 at Page 457, September 23, 1992, in Book 689 at Page 317, January 7, 1993, in Book 699 at Page 978 and February 9, 1993, in Book 703 at Page 221. 12. Covenant Designating Parking Spaces for Employee Use recorded December 14, 1992, in Book 697 at Page 499. 13. Easement and right of way to construct, reconstruct, repair, change, enlarge, re-phase, operate, and maintain an underground electric transmission or dishibution line, as granted by Savanah Limited Partnership, a District of Columbia limited partnership by Aspen Enterprises International Inc., a Colorado corporation, as general partner to Holy Cross Electric Association, Inc. by instrument recorded January 25, 1993, in Book 701 at Page 818, said easement being ten (10) feet in width. 14. Any and all leases and tenancies. 15. Easements and restrictions as shown on the Plats of said subdivision. 16. Aspen Mountain Trail and eight foot alpine frail as shown on the plats o f said subdivision. 17. Eascments and rights ofway for sewer, gas, water or similar pipelines and appurtenances, and for electric, telephone, cable and similar lines and appurtenances, and to use such midway for public emergency vehicles and thc light to divert public vehicular traffic during emergency situations as reservud by the City of Aspen in Ordinance No. 14 (Series of 1985) recorded June 26, 1985, in Book 488 at Page 717. "*---*--4Â®:--Â·â‚¬evenantÂ·and-Agmemen:tRegagingâ€žCgnmliance with Planned Unit Development/Subdivision Agreement between Savanah Limited Fartnership-ra -- District of Columbia limited partnership, and SLT Aspen Dean Street LLC, a Delaware limited liability company, recorded January 15, 1998, at Reception No. 412581. 19. Lease between SLC Aspen Dean Street, LLC d/b/a Ihe St. Regis Aspen, a Delaware limited liability company, Lessor(s), and Voicesweam PCS Il Corporation, I.essee(s), as evidenced by Memorandum of Lease recorded November 3, 1999, at Reception No. 437363. /*<4:iÂ»4Â«~tg.. 4 1-433 Starwood Real Estate Groi ip ~ 1111 WESTCHESTER AVENUE, WHITE PLAINS, NEW YORK 10604 PHONE 914.640.8100 EXHIBIT #3 Mr. James Lindt, Planner Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: APPLICATION FOR PUD AMENDMENT FOR ASPEN BACK INSTITUTE Dear Mr. Lindt, We are the owners of the St. Regis Hotel, located at 315 Dean Street in Aspen. We have entered into a lease with the Aspen Back Institute for a portion of the space formerly known as Whiskey Rocks. We hereby authorize Mr. Clint Phillips of the Aspen Back Institute to submit an application to amend the PUD for the property, so he can obtain City approval to occupy the space he is leasing from us. Should you have any need to contact us during the course of your review of this application, please contact Andrew D. Katz at 914-640-3668 or through the applicant's representatives, Mr. Hoffman or Mr. Richman, whose address and telephone number are included in the land development application. Sincerely, /VE I (uÂ», SLT Aspen Dean Street, LLC ce: Gideon Kaufman STARWOOD 1* Â® 5 '241 W - //f HOTELS & RESORTS WORLDWIDE. INC. WESTIN Sheraton FourPoints ST. REGIS Lt \I In Col.LEG'tioi HOTELS 1 , HurlÂ». !,L.ORT'â€¢ ---- Sheraton EXHIBIT #4 Mr. James Lindt, Planner Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: APPLICATION FOR PUD AMENDMENT FOR ASPEN BACK INSTITUTE Dear Mr. Lindt, I hereby authorize Michael Hoffman of Freilich, Myler, Leitner & Carlisle, and Alan Richman of Alan Richman Planning Services to act as my designated representatives with respect to the land use application being submitted to your office for the Aspen Back Institute, to be located at 315 Dean Street. Michael Hoffman and Alan Richman are authorized to submit an application to amend the PUD Amendment previously granted to this property. They are also authorized to represent me in meetings with City of Aspen staff and the Aspen Planning and Zoning Commission. Should you have any need to contact me during the course of your review of this application, please do so through Mr. Hoffman or Mr. Richman, whose address and telephone number are included in the land development application. Sincerely, I-. ffEnt Phillips Aspen Back Institute, LLC EXHIBIT #5 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: James Lindt, 920.5102 DATE: 10/25/04 PROJECT: St. Regis PUD Amendment REPRESENTATIVE: Alan Richman OWNER: Aspen Back Institute LLC TYPE OF APPLICATION: 1 Step. PUD Amendment DESCRIPTION: The Applicant would like to convert the existing Whiskey Rocks lounge space in the St. Regis into spa area to treat back injuries. Land Use Code Section(s) 26.304 Common Development Review Procedures. 26.445.100(A) Amendment to PUD Development Order. 26.470.070(A)(1) Remodeling, restoration, or reconstruction of existing commercial, lodge or multi- family buildings. Review by: â€¢ Staff for completeness. â€¢ The Housing Office (may refer the project to the Housing Board.) â€¢ Community Development Director for recommendation to Planning and Zoning Commission. â€¢ Planning and Zoning Commission for recommendation on all the required land use requests (PH). Ifthe Planning and Zoning Commission denies the proposed PUD amendment, City Council may hear an appeal ofthe Planning and Zoning Commission's action. In the case of an appeal, the Planning and Zoning Commission's decision becomes a recommendation to City Council. â€¢ Community Development Director for review of GMQS exemption after conclusion of PUD amendment review. Public Hearing: Yes, every Board as noted above by (PEI). Applicant must post property and mail notice at least 15 days prior tothepublichearing. Applicant willneed toprovide proof of posting and mailing with an affidavit at the public hearing. Referral Agencies: Housing, Building Planning Fees: Planning Deposit Major ($1,310 for 6 hours) Referral Agency Fees: Housing Minor ($185) Total Deposit: $1,495 (additional planning hours over deposit amount are billed at a rate of $220/hour) To apply, submit the following information: 1. Total deposit for review ofthe application. 2. Proofofownership. 3. Completed Land Use Application Form. 4. Signed fee agreement. 5. Applicant's name, address and telephone number in a letter signed by the applicant, which states the name, address and telephone number ofthe representative authorized to act on behalf ofthe applicant. 6. Street address and legal description ofthe parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners ofthe property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 7. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. i 8. A written description ofthe proposal and an explanation in written, graphic, or model form of how the proposed ~ development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. Please provide a written response to all applicable criteria. 9. Approved, existing, and proposed floor plan of the space subject to the proposal. 10. Employee Generation Analysis. 11. 12 Copies ofthe complete application packet and maps. 12. List of adjacent property owners within 300' forpublic hearing. Contact Bridgette Dolan in GIS Dept. 920.5453. 13. Copies ofprior approvals. 14. Additional application material as required for each specific review. (See application packet and Ordinances.) Notes: 1. The application should address the project's employee generation and provision of employee housing. Review Process: Apply. The Community Development Staff will then review the application for completeness. Following a detennination of completeness, the application will be referred to referral agencies for comment. Staff will then review the proposal and make a recommendation to the Planning and Zoning Commission. If the Planning and Zoning Commission were to deny the PUD amendment request, the Applicant would have the option to appeal the decision to City Council. Subsequently, the Community Development Director will review the GMQS amendment after the conclusion ofthe PUD amendment review. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. EXHIBIT #6 ASPEN BACK INSTITUTE The world's finest non-medical back institute EXECUTIVE SUMMARY The Aspen Back Institute will be an exclusive, non-medical, holistic back centre based at the distinguished St. Regis hotel in Aspen, Colorado. It will be a 'destination' spa, offering a three-week visit, with a unique approach to the growing back pain epidemic. THE CONCEPT The concept will be based on a three-week turnaround to prevalent back-related problems. The institute will be a credible, revolutionary combination of the most effective, non-medical treatments available for back pain today. It will consist of state-o f-the-art-equipment and highly-skilled therapists who focus only on the treatment of spinal conditions. The institute is unique in its focus on Body, Mind and Spirit (also the Aspen ideal). The following programs will be packaged: â€¢ Back pain solution â€¢ Osteoporosis turnaround â€¢ Posture perfect â€¢ Core concentration â€¢ Surgery prevention Each client will be entered into an 18 day program sirnilar to that o f Canyon Ranch Destination Spa. The 'Bo* ' component of the program includes daily treatments of exercise, massage, stretching etc. The 'Mental' and 'Spiritual' components will include lectures, reading and relaxation exercises. Clients will stay at the hotel and receive treatments from Aspen Back Institute and the Bliss Spa while their families enjoy other Aspen activities. The program plans to draw clients in the off-season when preferential rates are available at the St. Regis. Employees will all have a national reputation and aim to bring their clients to Aspen rather than working elsewhere. THE VISION The goal is to establish a world-renown back institute at the St. Regis Hotel in Aspen, CO. The program is aimed at upper-income individuals. To insure the highest possible personal attention for each client, capacity will be limited to 50 participants per month. THE PROGRAM An ABI consultant will design a 3-week program for each participant establishing how to provide that individual the most benefit from their daily 90 minutes o f treatment. They will regularly monitor the client's treatment to ensure participant satisfaction. On the last day of treatment each client will 1 have a follow-up consultation to discuss progress and how to maintain it. | BENEFITS OF TREATMENTS 1. Proven: Each treatment chosen has been medically validated with substantial scientific research. Each of the above-mentioned treatments alone is capable of providing significant relief to the client. 2. Objective: Most of the treatments provide objective measurements to accurately assess and gauge improvement. 3. Safe: A variety of complex spinal conditions can be treated with complete safety. 4. Medical reimbursement: Majority of treatments are reimbursable depending on the participant's medical insurance. Participants will pay upfront and be responsible for claims from their insurance companies. 5. Holistic Combination: The battle against back pain has made it clear that there is no single ' solution or treatment for back pain. The clinic is unique in that it brings the most current, effective treatments together under one roof including assessment and education o f stress and psychological fuctors. 6. Specialized therapists: Most clinics offer therapists trained to treat a large variety of conditions. However, it is clear that a therapist will be able to be far more skilled, effective and able to stay current on research when focusing on one particular aspect o f rehabilitation or therapy. 7. Cost-Effective: The average back surgery will cost in excess o f $30 000 and require 3-6 months rehabilitation, often without lasting relief. Significant or complete relief is achievable non-surgically within 3 weeks for an average of $4200 (excluding accommodation). This includes all costs of X-ray, assessment. treatment and education. The particinant will be given a specific program and the tools necessary to continue their progress at home. The combination of specialists under one roof greatly reduces costs and time. There is currently no other way for a participant to receive this type of combined input from spine-specialized therapists on state-of-the-art equipment in a non-surgical setting. 8. Credibility: Hundreds o f treatments have falsely claimed to give lasting relief leaving back pain sufferers confused and often disillusioned. The need is increasing for a holistically based, medical facility that is not given to lucrative surgical intervention or unproven fads. 45% of back pain sufferers will try chiropractic. Others will resort to medications (NSAID, steroids), acupuncture, physical therapy, surgery, bed rest, electro-stimulation, low-impact exercise (pilates, yoga) etc. Although medicine still dominates, alternative medicine continues to gin popularity but even with all the advances o f modern and alternative medicine the problem of back pain not only remains but is on the increase. Neither alternative nor modern medicine alone has provided a complete solution. 9. Education: A participant will receive a thorough understanding about their spine, their treatments and the impact of their daily activities. This will be demonstrated through visual and practical media and will be of lasting value to the participant. A participant will also be educated in the understanding of emotional and mental impacts on the spine; the right exercise program for their needs; and how to protect and heal their spines in the future. Each participant will watch a 30 minute video designed to address the participant's knowledge of their spine and the concept of the clinic. 10. Rejuvenation: The institute will be situated in Aspen, CO forcing the participant to remove themselves from the 'rat race' and come away to a healthy, holistically-based resort town. This alone is of significant benefit. 11. Current and progressive: The great majority of clinics have been using the same methods of massage, manipulation and electrotherapy for 3 or more decades. A wealth o f information over the past 3-8 years has shown the best solutions to resolve back problems, This will be the foundation of the clinic and will remain current in all of its approach and will not hesitate to abandon a treatment for more effective ones. 2 THE TREATMENTS 1. MEDEX BACK STRENGTHENING. This machine has an 80Â°/0 success rate on participants referred for lumbar surgery and generates specific reports for assessment and improvement. 2. A FLEXIBILITY specialist will perform and teach the participant appropriate stretching. 3. A POWERPLATE (vibration platform) is the treatment of choice to stimulate bone and muscle growth in osteoporosis and chronic back pain, done with a therapist. 4. A qualified therapist will perform DEEP TISSUE MASSAGE for relief from muscular spasm and trigger points. 5. CORE, STABILIZATION will be learnt on a Pilates Reformer and/or Gyrotonics machine along with Theraball and floor exercises with an exercise specialist. 6. Spinal and pelvic ALIGNMENT/ADJUSTMENTS will be performed by a chiropractor. 7. ELECTROTHERAPY including ultrasound will be applied with ice and heat packs for acute injuries. 8. MOVEMENT. Participants will be entered into a light, safe cardiovascular program e.g. elliptical machine, walking in swimming pool and light Tai Chi type exercise. 9. BALANCE (PROPRIOCEPTION) will also be improved where needed with the help of an exercise specialist. 3 ATTACHMENT 2 -LAND USE APPLICATION 'PLICANT: Name: A 6Â¢ A & A (A< 5,.$ 4. 14 te- , L L C ocation: -415 ge.4- 940-ett CL.4 \, 42.M Â¢%,~0 *0~.j~â€¢,. 9~)93 (Indicate street address, lot & block nuinber, legal description where appropriate) -arcel ID # (REQUIRED) nEPRESENTATIVE: ame ALA- a.c-\A_A- Â¢\444-~.\Se,Kv,C65 . .ddress: tox -6'Â·13 Afe- <2>\ 6 \1 1Olle#: 41-9 -/7< PROJECT: anie: kif *'~ 9> B,(AL SE , Xe \At QVQ 4--4- Ow,4 -$ Address: 1Olle #: FYPE OF APPLICATION: (please check all that apply) 2 Conditional Use U Conceptual PUD U Conceptual Historic Devt. Special Review E Final PUD (& PUD Amendment) U Final Historic Development 1 U Design Review Appeal U Conceptual SPA E] Minor Historic Devt. GMQS Allotment U Final SPA (& SPA Amendment) U Historic Del-nolition GMOS Exemption U Subdivision U Historic Designation ESA - 8040 Greenline, Stream U Subdivision Exemption (includes U Si-nail Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane | U Lot Split C Temporary Use E Other: U Lot Line Adjustment U Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) . ROPOSAL: (description of proposed buildings, uses, modifications, etc.) 0-t-Â·14 f\,t 90&-cÂ·R. '~'*425Â¥47 @ouÂ¥-5 9 r.ce- At (\'i. $4Â· 2.,brs A 524 NO-tA -4-4 44.4 6Ack L-Jut,Lit, ave you attached the following? FEES DUE: $ \,49 5 _f Pre-Application Conference Summary g Attachment #1, Signed Fee Agreement 3 Response to Attachment #3, Dimensional Requirements Form f Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ill plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written d (Microsoft Word Format) must be submitted as part of the application. num u External Media Located Here . 0 M-007782 1 1 1 RMMI %4