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HomeMy WebLinkAboutagenda.apz.20130917 AGENDA ASPEN PLANNING AND ZONING COMMISSION TUESDAY, September 17, 2013 REGULAR MEETING: 4:30 p.m. Sister Cities room 130 S. Galena Street, Aspen I. ROLL CALL II. COMMENTS A. Commissioners B. Planning Staff C. Public III. MINUTES A. 8/6/13 IV. DECLARATION OF CONFLICT OF INTEREST V. PUBLIC HEARINGS — A. St. Regis, 315 E. Dean St. - PUD Amendment VI. OTHER BUSINESS VII. EXECUTIVE SESSION VIII. ADJOURN Next Resolution Number: 20 Ro ular Meetin Plannin & Zoning Commission August 6 2013 U Erspamer called the meeting to order at 4:30 with members Myrin,Weiss,Gibbs,Tygre present. COMMISSIONER COMMENTS ested the P&Z draft a resolution of commendation for retiring deputy city clerk 1, Erspam er su gg Jackie Lothian. Council feels P&Z's 2. Erspamer said he would like P&Z to meet with City p&Zdiscuss ro ehl' ke where the P&Z is at role is. Weiss suggested some more substance to the topic t j o over P&Z's complaints and issues. with the AACP. Ms.Tygre said she would like time with Council to g 3. Jessica Garrow, community development department, thanked P&Z members who attended the Rube Y Park open house last month. Ms. Garrow said she tine endsh meeting minutes to P&Z. The next open house will be early September and P&Z can attend i Y 4, Ms.Garrow said Wednesday,August 14, at noon will be a work session with P&Z and HPC to discussion potential process changes on review ofodagindg p dom niumse Ms.Garrow said shell working streamline the process for upgrading existing lodges on a code amendment to consolidate the PUD/SPA chapter and P&Z will be included in all information in the future. MINUTES e 5. Weiss moved to approve the minutes of June 11,2013—Myrin noted his name is misspelled Myrin. n on pag favor, motion carried. June 11,2013 as amended; seconded by pointed out a correction on page 1; Erspamer said it should say"closed the June 18,2013—Ms.Tyg re p "public hearing". Myrin moved to approve the minutes of June 18, public comment section' rather G Gibbs. All in favor, motion carried. 2013, as amended; seconded by Y Myrin. All in favor, July 2,2013—Ms.Tygre moved to approve the minutes of Jul 2, 2013; seconded by motion carried. Gibbs said there should be a signature block on each set of minutes. DECLARATION OF CONFLICT OF INTEREST There were none. 1 Re ular Meetin U, � Planning& Zonin Commission Au ust 6 2013 P� ASPEN ALPS PUD AMENDMENT Jessica Garrow, community development department, noted this is a continued public hearing applicant,Aspen Alps, requesting rezoning, PUD and subdivision review. Council is the final review f he authority with a recommendation from P&Z. Ms. Garrow said this project should be renumbered as Resolution#18. At the previous meeting, staff outlined the project request, which is to memorialize th existing development with a PUD overlay. There are existing legally established non-conformities which e the applicant is requesting be memorialized. Ms. Garrow reminded P&Z there were man how the non-conforming chapter works, how it relates to this project and the effect of establishing ns on PUD for this property. a Ms. Garrow pointed out under the non-conformity chapter there are two ways a non-conformin g structure can be rebuilt. To be considered a legally established non-conformity,the building has to have been built under the code in place at the time. When the zoning changes over time, buildings built legally at the time become non-conforming, which is the situation of the Alps. A non-conforming structure can be rebuilt through non-purposeful destruction, acts of God or acts of nature. Another wa a non-conforming structure can be rebuilt is related to purposeful destruction when a building owner tears the building down and they can rebuild by complying with the existing code or the can y Special review process with P&Z. The latter is when a building wner wants to retain any s through non-conformity, like building over the adopted height limit. g y parts of the There are two non-conformities at the Aspen Alps that make this difficult. The first is unit size and the second is unit count. According to the non-conformity chapter, if one demolishes their building, they y have one year to rebuild it to maintain the density and unit count. If it is not rebuilt within one ear property owner has to get special permission to maintain the unit count. There is not the same a provision for unit size. Ms. Garrow told P&Z at the Alps every building is over the code in terms of unit size. If the Alps were to come through the non-conformities chapter of the code,they would re uest Hers and losers in a the ability to build back the exact unit count and unit size in order not to create win q redevelopment,where some owners might lose 700 square feet because they are a non-conformity in terms of unit size. Ms. Garrow said if the Alps does not receive approval to rebuild the same unit count and unit sizes, they will not go through with redevelopment. Ms. Garrow said going through the PUD or the non-conformity section of the code creates the sa situation—what is there today is the baseline of what can ha me in the dimensions for each unit and for each building. If one of the buildings wanted to hangeul to expand, to increase setback, they would be subject to a full PUD process. Establishing a PUD does give some benefits to the city by establishing recorded dimensions for each of the units. parking, property owner wants to remodel,they have to do floor area calculations and adopting a PUD would When a eliminate that work and that cost. Another benefit is that most of the utilities on the site are not located within easements or in sub-standard size easements. Going through the PUD process the will establish properly sized and located easements for the utilities: As part of the PUD process updated of descriptions will be created and will establish a clear legal description. Ms. Garrow noted adopting a PUD would provide some protection for the property owners to know what they have is legal and can be rebuilt rather than having to go through a discretionary process with an unknown outcome. Ms. Garrow reminded P&Z the parking for building 100 was discussed at the last' meeting and the application stated there were 16 parking spaces for building 100;one of those spaces is on the Glory Hole condominium property. The attorney for Glory Hole states it is 1.5 spaces; the 2 P Au ust 6 2 Re ular Meetin Planning& Zonin Commission 2013 applicant is working with Glory Hole on an easement to continue use of the 15th spot. Staff recommends approving this request. Gibbs asked if there is a difference in how the common areas and the PUD is locking nobuilding rsize. Ms. Garrow said the non-conformity deals with the structure Garrow said the common areas at the Alps are governed throughthe build ngdmelasurements'would be continue whether this is a PUD or not. Ms.Tygre asked whether memorialized whether this is a PUD or not. Ms.Garrow said PIUDss rpgcant t Iteco d these plans s an off vial recorded and without that requirement,there is no need f p document nor would it be recognized by the city. the Winter Ms.Garrow pointed out the Council ordinance and minutes intent regarding was put a PUD on the entire re property included in the packet. Ms.Garrow said staff feels the if it would but that is not the way the ordinance is written nor is it clear i within the city rather dthan adopting make more sense to adopt a general code amendment for projects ro osals and any code this rezoning for the Aspen Alps. Ms.Garrow said that is part earhlVls.Garrow stated Council may not amendment related to that will not be before P&Z until next y M rin asked if there is another want to determine that every short term rental building is conforming. y way to vary dimensions is way to establish dimensions without using the PUD. Ms. Garrow Y through a PUD process or a specific redevelopment through special Jim DeFrancia, representing the applicant, pointed out there is no specific development proposal. purpose of this request is to memorialize the existing Alps improvements in a regulatory way. DeFrancia and clean up issues like stated the PUD would create a consistency and what and s public,ownership of the South property and road and would give utility easements,what is private develo ment applications. DeFrancia said the city a better point from which to address any p infrastructure issues, like easements, mud flows, roads, neeement.aDeFranc a\reiterated the only point property and those issues would beidentified in a PUD atory context so the property owners can consider of this application is to bring the property what they need to do on some of the older buildings. Sunny Vann, representing the applicant,told P&Z this application was referred to all referral agencies and the water and fire departments indicate some of t PUD would co d a n conditions r quiir ng the Alps codes and to allow any redevelopment. Vann said the to comply with the city's new drainage requirements.er condom niums and chow to facilitate replacement retaining short term accommodations,especially o and upgrading of these facilities. Vann noted the lodge To ddre s the'concelrn o declining bed base, in P the past decades mostly multi-family has been butt. -f Council down zoned the lodge district regarding multi-family and the sfaoealization that existing g Bch made many properties no inventory Part o the current inventory and it should be maintained to benefit the tourist multi-family is important to the lodging properties can be base. Vann said with a PUD,the applicants have the certainty of knowing the p retained, upgraded and the Alps will remain an important asset of short term accommodations. DeFrancia said applying the PUD is not meant to be an endorsement of higher density individual r this is to address buildings that were butt legally. DeFrancia said an applications for special review through the non-conforming code,which I cat ons'have both uncertainty r pp the city's best interests..ress issues for the entire re complex or forvthep sty. Myrin asked about a and costs and do not address Re ular Meetin Planning& Zonin Commission Au ust 6 2013 P3 commitment to short term rentals as part of this application. DeFrancia said that is not the purpose of this PUD application. DeFrancia told the Commission that 50 to 65%of the units are in the short term rental pool and that probably will not change. Ms. Garrow said when a PUD is established,all dimensional requirements are established and if a PU adopted for the Alps, it will be conforming no matter what changes are adopted with the lodging D is program. Tom Todd, attorney, told the P&Z adding their resolution or Council ordinances to chain of title would not trigger a call of mortgage loans;these would be looked at as enhancing the value of he collateral as making regulations more clear. Vann said the fire department commented they would tike appropriate turn arounds at the culminations of the roads within the Alps as part of redevelopment. Vann pointed out other infrastructure the applicant would have to address would be adequacy of wa lines for fire protection purposes;adequacy of the roads for the fire trucks;and drainage. These issues are a benefit to the city and an encumbrance to the Alps. Erspamer asked about the deed restricted housing units. Todd said the Board approved the deed restriction and these will be presented to housing office for approval. the Myrin asked if this request could result in the units being rebuilt exactly as they are. Vann is to record elevations, floor plans and dimensional requirements. Currently small changes, like windows plan windows or doors, can be approved administratively. Larger changes would have to go through P&Z or a PUD amendment. Ms. Garrow pointed out the recommendation from the water department is for 2 easements, which is their standard requirement. The water department recognizes there are 0 constraints on this property and they can accept less in some circumstances. Erspamer opened the public comment. Jeanne Doremus, attorney for Glory Hole condominium association, reaffirmed there are 1.5 arkin spaces on their property and they are working with the Alps to resolve shared parking. p Gaines said the square footage in her unit has not been ratified. Ms. Gaines said since this has co g Susan g me up, 25/of the Alps owners have put their units for sale as they are concerned about this application. Ms. Gai nes told P&Z she lives at the Alps full time; she is not covered by insurance for landslides or unstable soi conditions. Ms. Gaines said this property is on a hill and there are a lot of unknowns. I John Corcoran,general manager Aspen Alps,told P&Z that 25%of the units have not been put on th market and no Board members have put their units up for sale;there are about 8 units for sale. Peter process and Carmen,Board member, said a number of owners have expressed concerns about this roce e some of them ran for the Board. The most incumbents were re-elected by the Alps owners. Larry Abramson,Alps owners, stated there is a communication problem between owners and the Board a nd perhaps this application will improve the communication better. Abramson said one of the big est problems is this application and lack of information to the owners. g Erspamer closed public comments. Myrin stated he is not comfortable with an application based on the number of non-conformities. Myrin said if this is a direction the community wants to take, it should be a code amendment, which he could support as opposed to this process. Ms.Tygre said she would like the Alps to be able to maintain its structures and to do improvements. Ms.Tygre said she supports the memorialization ho wever, she has issues with the process—this is not a PUD, it was built before PUDs existed. Ms.Tygre said calling something a PUD after the fact seems to be a bad use of the PUD process. Previous PUD applications have been in conjunction with proposed developments not to memorialize an existing development; p ent; 4 P 4 Re ular Meetin Planni ng Commission August 6 2013 there is no provision in the code for a "reverse PUD". Contorting a process to fit an individual need creates problems. Gibbs pointed out there is already a PUD designation on a portion of the Alps and the intent was to make the entire parcel a PUD. Gibbs stated he supports this application; staff has explained the rationale and the benefits,consistent with the code. Gibbs said he he Board and the Alps eve impacts of not see the approving this application. Weiss said there is a conflict between problem with this however,that is not under the P&Z's purview. Weiss said he does not have a p however,there are some application. Erspamer agreed this application will probably better the process; concerns. The first is the outreach process; the application instructs applicants to conduct outreach, which should include one's homeowners. Second, he i reluctant' ldrafto approvedan aamendme t that might knows what that code will entail and Erspamer said . Erspamer stated he would prefer to wait to see the lodging code be addressed by the code amendment amendment. Weiss told the commission he attended the lodging incentiver noakreed'with helwould like of see what W condominiums. My g major amendments,especially regarding lication, code amendments will come out of the lodging incentive.s said the Commis ion should dlook'at the app re co possibilities is an abuse of P&Z s discretion. Gibbs application was submitted in good look at what the code says and make he Commission should that. make a decision.faith, under the existing code, an of the current code and Myrin pointed out the chart in the packet illustrates that this does not meet any Myrin said before he cannot support applications under the existing code that are non-conforming. y and a site tin a PUD to vary these requirements,there should be things like a transportation study adopting process to build the Winter building under existing visit. Vann reminded P&Z the Alps went through the p through zone zoning. Vann said portions of the Alps were zoned Ctheec conservation, recommend lodge mend app d ov l of the Winter designations after the Alps was built. City staff said Y could review an application on a global building with a PUD and rezoning to lodge so that the elp �is no longer anon-conforming use an as a quid pro quo to put a PUD over the entire parcel so th Y basis. Vann said the ordinance that approved the Winter building is unclear regarding the parcel are no descriptions and staff recommended redoing the PUD overpay fr m a partial PUD to a total PUD with a DeFrancia reiterated the core issue is cleaning up the property PUD agreement, and identifying constraints and make it easier for the Alps addressing their future needs. recommending y Council approve a PUD subd Ms.Tygre moved to approve Resolution#18, 'iv sion for the Aspen Alp that memorializes m the existing amendment, PUD review, rezoning and development; seconded by Gibbs. as 4 indicates this project does not meet current code. Myrin reiterated he is opposed to this Weiss,yes; Myrin, no; Ms.Tygre, no; Gibbs,yes; Erspamer, no. Motion NOT carried. M rin moved to recommend to City Council to deny the application; seconded by Ms.Tygre. Weiss, no; Y • Myrin,yes; Ms.Tygre,yes, Gibbs, no; Erspamer,yes. STREAM MARGIN REVIEW— 1460 Red Butte Drive 5 Re ular Meetin Plannin & 2,( Commission Au ust 6 2013 P5 Jennifer Phelan,community development, told P&Z this application is to demolish the existi ng house and rebuild it with a new residence and an accessory dwelling unit. The requests are for special review approval to memorialize an alternative top of slope for stream margin review, approval of stream margin review, second special review to grant a variance to allow the proposed accessory dwelling unit to be attached to the residence, and variances from the residential design standards for the ro ose house. Ms. Phelan said the stream margin review is to insure minimal impact to the Roaring Fork r'aver d g and its tributaries and where development can occur is limited. The city has stream margin maps outlining engineer's surveys to locate the top of slope;there is an exhibit in the packet showing phe existing footprint of the house, a top of slope and the 100 year flood plain. Ms. Phelan told the Commission there is the ability for applicants to request an alternative top of slope shown and is closer to the river. The engineering department went to the site and reviewed it andn exhibit 2 recommends approval of the alternative top of slope and staff recommends approval of this special review request. Ms. Phelan said if the alternative top of slope is approved, stream margin standards which include setbacks from the t p of s ope an he ghtsrequiremen se Based will met the on the new top of slope, staff finds the stream margin review is met. The third request is residential design standards, and the applicant is requesting 4 variations. One variation is building orientation, having the facade of the building face the street. The seco request is from the standard that the garage width of a carport being no great than 24'wide the third variation request is that the front door of the house should not be more than 10' back from the front of the building. The applicant proposes an attached garage and the front fagade of the building is the ar e and the front door is 40' back from the fagade of the garage. The fourth variance regards the amount of windows. Ms. Phelan noted there are two standards for variances and applicants need to meet one them. One standard addresses specific site constraints. Ms. Phelan said this lot is over 31,000 square feet and staff does not feel there are site constraints. The other standard is neighborhood context are there similar features in the neighborhood which might allow granting a variance. Ms. Phelan said the neighborhood is single family dwellings, some with accessory dwelling units, lots of landscaping screening of the lots. p g and Ms. Phelan said the request regarding building orientation,the building would only be a few degrees and the neighborhood had a lot of houses facing the street and the request for building orientations meets the intent of having a street facing facade and should be su gees off ff garage or carport with the entry of no greater than 24'. Ms. Phelan pointed out the neighbo hoodthas a number of 3-car garages with widths of greater than 24'and staff supports width requirement because of neighborhood context. Staff does not recommend aance from the garage pproval of the setbacks from the front door. In the neighborhood one does see the front door near the front fagade o f the buildings. The request for windows full glass two-story element is not seen in the neighborhood and staff recommends against approving that request. Ms. Phelan said there is a special review request to have the accessory dwelling unit attached to the single family house. Ms. Phelan reminded P&Z that the ADU standards are geared to the unit be a separate, functional living unit, with a minimize size, minimum storage, kitchen requirements, and that the ADU be detached from the house. Staff recommends P&Z not approve this special review Staff recommends approval of the alternative to of slope, a request. Of two of the residential design standards regarding orientation rof the house and margin the garage staff recommends denial of the setback of the front door and the span of lass of approval t; width and and denial of the attached AUD. The resolution is separated by requests. g going through two stories 6 P 6 Re ular Meetin Planninp & Zoninp Commission Au ust 6 2013 rovin to of slope. Ms. Phelan said if there are questions, Myrin asked about the criteria for app g P engineering department. mmunit development staff defers to the delnoted ed by an author zed survey by a standards community for stream margin/top of slope determination are that it is e pat licenses surveyor showing a different determination and th an alternative top of slope and had the engineering the stream margin meneer ng e de criteria. artment applicant used a surveyor to determine o to the site, and they agreed to the change. Weiss asked if the change to top f sloo eels created, g of slope. Ms. Phelan said after the top P how close the house will be to that top P applicant said they are 25' nothing can go in 15' and from top of slopthere ard the eriver restriction. and(will be larger; however, it will meet from top of slope;the house is being moved, stream margin criteria. Myrin moved to extend the meeting to 7:15 pm; seconded by Erspamer. All in favor with the exception y of Ms.Tygre and XXX. Motion carried. applicants,told the commission that top of slope has been updated Charles Cunniffe, representing the app in is erroneous. The engineering firm with the city's agreement and on site one can tell the mapping proposed staked the top of slope and the city engineer agreed with the alternative. Cunniffe noted ants are willing size of the house is 600 square feet less than would be allowed. Cunniffe said the app recessed from to give up on the ADU being connected to the house.setback from'he street and is not being from the the front of the house is contradictory;the ho street. This is not a gridded area; it has large lots and a lot of greenery. Cunniffe said pulling the front just t the design standards would add unnecessary square footage. It is obvious where the do or 1 to meet to within 10' of the garage. The second variance is for the 9 to 12' front door is without pulling p ca band of windows and the applicants are interested in a only are 6" outside that lowed. Cunniffe said e seen from the outside. The other windows are 9 6 and only a intent uses in a neighborhood conform to each other and of the design standards are to have the ho the i , this is not trying to look like a traditional home. there are two provisions of the code from which this could Myrin said regarding the 9' to 12' windows,for reasons of fairness or provide appropriate design pattern be decided; it has to be clearly necessary licable as other structures considering context. Cunniffe said txnot be an ADU on be to orthe total square footage will be have large windows. Cunniffe said he a will less. ublic Erspamer opened the public comment section. There were no comments. Erspamer closed the p comment section. Myrin stated he supports the request based on the design pattern of the neighborhood and that the ADU has request been withdrawn. Myrin moved to approve Resolution#19,Series of 2013,as written,deleting section 2 and modifying exhibit 113; seconded by Ms.Tygre. onded by Erspamer. All in favor with the exception Gibb moved to extend the meeting to 7:20 p.m.;sec of Ms.Tygre. Motion carried. lied even) nor are they enforced. Y Weiss said he does not feel the design codes are app es. Motion carried. Roll call vote;Weiss, no; Gibbs,yes; Ms.Tygre,yes; Myrin,yes; Erspamer,y 7 Re ular Meetin Plannin & Zonin Commission Au ust 6 2013 P7 Gibb moved to adjourn at 7:20 p.m.;seconded by Erspamer. All in favor, motion carried. 8 P8 Community Development Update August 2013 Contact: Sara Nadolny Project: St. Regis PUD Amendment losing Date: Undetermined. Status: Pending Review by P&Z and Council C applicant proposes to amend the PUD approval that requires the Description: The app applicant tel portion of the St. Regis to remain open fortimeindus ng the off-seasons. The spa ho p would like the ability to close the hotel for a sho remain open to the public during the time of dentseof the St Reg saurant, amenity will the residents pool and exercise facility will remain open for use by Update: P&Z will ,review the application during public hearing on Sept. 17t", upon which time they will make a recommendation to the City Council. it at s: PUD Amendment will be scheduled for first reading before City Counc Next Steil a future date. „w, a,_.. Contact: Jennifer Phelan Project: South Aspen St PUD Closing Date: Undetermined. Status: Pending Review by Council royal through a Description: The applicant proposes to amend their townho o project approval phases and applicant proposes dividing the p 1 PUD Amendment. The app The proposed phasing would involve 5 free- reducing the amount of on-site housing. 10 affordable housing units built in phase 1, and 9free-market units built in market and provide the balance of their required housing phase 2. The applicant proposes to mitigation in the second phase through the use of affordable housing credits or off-site housing in Aspen city limits. City Council reviewed the application for first reading on June 10t" and second Update: Ci Y t" reading on July 7 PUD Amendment second reading before City Council is continued to Next Steps.• September 9th. a.. CB PawslZocalito) Contact: Sara Adams Project: 420 E Hyman ( Closing Date: Undetermined. Status: Pending review by P&Z and Council oses to redevelop the property at 420 E Hyman with a Description: The applicant p ro p new three-story mixed-use building. roved the project on July 25, 2012 by a vote of 3:2. City Council Update: HPC app rocedures and voted to remand the project reviewed the application under Call-Up p roved the massing on back to HPC for further review of the mass and scale. HPC app Page 1 of 6 P9 November 14t". The Applicant applied for subdivision and growth management reviews on February 15th. P&Z granted growth management approval by a vote of 5-0. Next Steps: This case is scheduled to go before Council for Subdivision review. The first reading was heard on July 8th, and tthe second reading scheduled for Au ust 12tH with a continuation date for September 9 . g Project: 700 Ute Ave (Aspen Alps) Status: Pending Review by Council Contact: Jessica Garrow Closing Date: Undetermined. Description: The applicant proposes to add a PUD to the entire Aspen Alps project to address a number of existing non-conformities. The applicant is also proposin g to update the existing infrastructure easements. Many of the utilities on site are not located within the prescribed easements. No new development is proposed as p art of this application. The Alps was constructed in the 1960s, before modern zoningand subdivision regulations. This has resulted in a number of areas where the buildings to do not conform with existing zoning requirements related to density, unit size, parking, floor area, height and setbacks. The PUD would establish that the existing buildin s as they are currently situated are permitted. g Update: DRC was held on May 8th. The Planning and'Zoning Commission reviewed the case on June 11th and continued the public hearing to August 6th. The P&Z voted 3:2 recommending City Council deny the request. Next Steps: City Council 1 st reading on August 26th and 2"d reading on September p ber 9th. Project: 110 WMain - Hotel Aspen Status: Pending Review by P&Z Contact: Sarah Adams Closing Date: Undetermined. Description: The applicant proposes to increase the number of lodge rooms on the property from 45 to 53, add 4 new free-market residential units, add on-site affordable housing, and create an underground parking garage. The lodge rooms avers than 300 square feet. average less Update: Staff is still reviewing the initial application. The project's conceptual commercial design review was conducted by HPC. HPC reviewed the project on January 9, February 13 and March 13 and continued their review to April 24, when the project was approved. Next Steps: The applicant will apply for growth management, PUD, and subdivision reviews. Page 2 of 6 P10 Contact: Sara Adams Project: 434 E Cooper Ave (Bidwell) Closing Date: Undetermined. Status: Pending Review by HPC The applicant is proposing to demolish and replace the building at 434 E Description p with a new commercial building. No Cooper, commonly known edtas Girt oflth uredevelopment. residential space is proposed p PC a r 12, 2012. City Council Update: H approved the conceptual design on Decembe did not call the project up. Ilcant will apply for final commercial design review. Next Steps: The app Contact: Amy Guthrie Project: 422 E Cooper Closing Date: Undetermined. Status: Pending Review by P&Z Description: The applicant proposed to demolish an existing one-story commercial commonly known as the Red Onion Annex (currents{ ho mixed use building shop). building, comm y The applicant proposes to replace one free-market unit.three story including commercial space an roved it on October Update: HPC reviewed the project on September authority, 20d remanded the project back to 24. City Council has exercised their call-up HPC for view plane review. Steps: HPC reviewed the remanded project, and approved it with no changes. Next Ste p The applicant will apply for growth management and final design reviews. No application has been made to date. ......... ._.. Contact: Jessica Garrow Project: Lodging Study Closing Date: Summer/Fall 2013 Status: Ongoing Ten Goals was to "examine more lodging Description: One of City Council's 2012 Texpisting lodging and producing desirability and sustainability of preserving in Aspen." As part of this effort staff conducted a g reat deal of background work and en's lodging sector. The stakeholder meetings to gain an understanding of the reports are available online at: background phase was completed in early May. goals to s en itkin.corn/De artments/Communit -Dei identified three (3) g nd htt ://www.a Council Zoning/Long Range-Planning/ In December, City enabling new lodge Enabling u grades to condominium units while maandl eina those units in the focus on: Ena g p upgrades to existing lodges, short-term rental pool, enabling p9 included product. These goals were reaffirmed at a June 25 hl ringencentive program.s included a 2013 Top Ten Goal related to adopting Page 3 of 6 P11 Update: City Council affirmed the goals related to supporting condominiums, existing lodges, and new lodges. Staff presented a detailed matrix of policy options at the June 25th work session, and Council prioritized changes to condominium and existing lod es. Staff presented specific recommendations to City Council as it relates to changes in Condominiums and Existing Lodges during the July 15th work session, and received direction to pursue the "Standard-Plus option, with particular focus on ensuring an height and floor area changes are consistent with community character. y Next Steps: Staff is working on draft Code amendments that will be presented to Council. This is tentatively scheduled for the fall. Project: ADUs Code Amendment Status: Ongoing Contact: Chris Bendon Closing Date: Undetermined Description: Council, P&Z, and APHCA have all expressed interest in eliminating ADUs as an option when mitigating for housing impacts in single-family and duplex development. This code amendment eliminates the ADU mitigation option, creates a system to remove existing ADUs, and changes the mitigation trigger to any time new floor area is created in a single-family or duplex development. Update: City Council approved policy direction on November 12th and approved language at first reading on November 26th. Second reading on December 10 as ode continued to January 28tH Next Steps: Staff is taking direction from the January 28th council meetin and wo on the proposal. It will come back to City Council at a later date. g rking Project: SCI Zone District Code Amendment Contact: Sara N adolny Status: Ongoing Closing Date: Fall/Winter 2013 Description: City Council requested staff to examine amendments to the SCI zone district to better address the current functioning of the zone. SCI is the only zone district that lists specific allowed uses (Coffee Roaster, for instance), rather than relying on general use categories (Commercial Uses, for instance). Update: Staff has met initially with business owners in the different SCI buildings, as well as with the P&Z to gain feedback on what goals they have for the zone district. Staff presented the findings and asked for initial Council direction at an April 23rd work session. Next Steps: Staff is working on continued outreach with SCI owners and businesses based on the direction from Council. Staff member Sara Nadolny is meeting with Wall Obermeyer to discuss the effects of changing the current SCI zoning to NC at y Obermeyer Place on May 29th. A meeting with the representatives of Clark's Market is Page 4 of 6 P12 also planned, to discuss any potential impacts of rezoning the Ace Hardware store at N. Mill St. Station to NC. Staff will return to Council this summer as more progress is made. _. . Contact: Jessica Garrow Project: PUDISPA Code Amendment Closing Date: FaIINVinter 2013 Status: Ongoing cri tion: City Council requested staff to update the PUD and SPA Chapters of the Des p Land Use Code to simplify and clarify the review process- et Update: In March staff met with the Planning and policy options to City get their feedback on potential changes. Staff presented policy p June 24th Council meeting. City Council passed a policy PUD Resolution ewdslrconlsol datesoand process a code amendment that combines the SPA a updates the review criteria, and creates a binding Conceptual ell as members asked members of the for feedback on the concepts and language from P&Z, as planning and development Next Steps: Public hearings on the code amendment are tentatively scheduled for September and October. -- Contact: Chris Bendon Project. Subdivision Code Amendment Closing Date: Fall/Winter 2013 Status: Ongoing Description: City bdivision Chapter of the Land Y Council requested staff to update the Su Use Code to simplify and clarify the review process. Commission to get their Update: In March staff met with the Planning p�ocyloptions to City Council at their feedback on potential changes. Staff presented June 24th Council meeting. City Council passed a Policy Resolution directing staff to process a code amendment that create u levels of a d updates the review criteria. establishes development document req Next Steps: Public hearings on the code amendment are tentatively scheduled for September and October. ESA Code Amendment Contact: Jessica Garrow Project: Closing Date: Winter 2013 Status: Ongoing scri tion: City Council requested staff update the a d clarify th Environmentally Description: processes. p Areas (ESA) Chapter of the Land Use Code e to simplify Upd Update: In March staff met with the Planning and Zowith t e Parks their ksand Engineering feedback on potential changes. Staff is coordinating Page 5 of 6 P13 Department on changes related to the Stream Margin, Hallam Lake Bluff, and 8040 Greenline reviews. Next Steps: Due to work load in the engineering department, staff has not had an opportunity to refine code language. Staff continues to make progress on this code amendment, and anticipates requesting formal policy direction from City Council at the end of 2013. Page 6 of 6 P15 MEMORANDUM TO: City of Aspen Planning and Zoning Commission FROM: Sara Nadolny, Planner Technician RE: 315 E. Dean St.,PUD Other Amendment for,St. Regis Hotel MEETING DATE: September 17, 2013 PPLICANT/OWNERS: SUMMARY: 315 East Dean Associates, Inc. he applicant requests an amendment to the PUD approvals for the St. Regis Aspen Residence Club an PRESENTATIVE: otel Condominiums that require the hotel to remai Alan Richman Planning Services, Inc. open year-round. The applicant intends to temporaril lose the hotel for short periods of time during the LOCATION: spring and fall off-seasons. 315 E. Dean St, Aspen, CO 81611, commonly known as the St. Regis Aspen STAFF RECOMMENDATION: Residence Club and Hotel Condominiums Staff recommends the Planning and Zoning Commission provide a favorable recommendation o CURRENT ZONING&USE approval to the City Council of the proposed PUD Lodge (L) with a Planned Unit amendment. evelopment(PUD)overlay PROPOSED LAND USE: he site is proposed to continue to be used as lodge, timeshare and residence. The =° applicant is requesting a change to the spen Mountain PUD to allow a brief eriod of closure during off-seasons. Figure A:Image of St.Regis Hotel Page 1 of 3 P16 LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval: Planned Unit Development (PUD) — Other Amendment, pursuant to Land Use Code • Section 26.445.100 (Cit Council is the final review authorit y in this instance due to the manner in which the related PUD Amendment was originally approved). PROJECT BACKGROUND: The St. Regis Aspen Residence Club and Hotel Condominium is located in the Lodge zone district on Lot 1 of the Aspen Mountain PUD. The Aspen Mountain Subdivision and PUD was originally approved in 1985 via Ordinance 14. As it currently exists, the St. Regis is comprised of 159 hotel rooms, 24 timeshare lodge units, one residential unit, and amenities such as the Remede Spa, a fitness center with a pool and hot tub, the Member's Club, and a restaurant and lounge. In the early 1990's this site was the home of the Ritz Carlton Hotel. In 1998 the property changed ownership, and became known as the St. Regis Hotel. In 2003 a significant PUD amendment was granted via Ordinance No. 25 that allowed the conversion of 98 of the existing 257 hotel rooms into 24 timeshare lodge units and one residential unit, the conversion of a portion of thhec meeting therex hotel facility on accessory space on the Ballroom Level into a spa, the the Second Level of Building B as use for hotel offices, and modification of the twenty-two hotel rooms in Building C into 20 hotel rooms. PROJECT SUMMARY: - approval for project requires the hotel portion of the St. Regis to remain open year round. A prior app ubsection 10 states: "With this approval, the applicant shall Ordinance rov 25, Series of 2003, S commit to having the St. Regis Hotel open for business all year around." The applicant is requesting to amend this approval to remove Subsection 10. The applicant would like the opportunity to close the hotel portion of the St. Regis for a short time during Aspen's spring and fall off-seasons, for approximately 2-4 weeks during these seasons each year. The applicant states the following reasons for this request: • During these off-season periods the hotel experiences very low occupancy rates; • The cost to operate the hotel far exceeds any erate the hotel;may generate due to the core group of employees that must be present to op • The full complement of utilities must be kept in operation with the hotel remaining open; • Employees working during this time count tips fewer hotel guestspand ent to their hourly wage experience a loss due to the significantly • Periodic closures of the hotel will allow maintenance projects to be completed. STAFF COMMENTS: Staff has examined the applicant's request in terms of the criterion for PUD—Other Amendment, which examines the degree to which the request is consistent with or an enhancement of the prior PU D approvals, and notes the following: Page 2 of 3 P17 • The applicant's request does not involve any changes to the Aspen Mountain PUD that will affect the permitted height, density, massing, or other physical variations on or around the St. Regis such as that related to landscaping, lighting, open space, access or architectural character. • There is no change in use associated with the applicant's request. The St. Regis Hotel will continue to be used as such. When the hotel units are not rented during any temporary periods of closure, they will not be used in any other manner. • The timeshare units that are part of the St. Regis are sold as 1/11 shares, which means the units are used for a total of 44 weeks of the 52 week year. The remaining eight weeks in which the units are not occupied are reserved for maintenance and for rental to the general public on a walk-in basis. This will help to off-set any possible inconvenience created by the closure of the hotel for would-be guests. • On-site amenities of the St. Regis include bellman assistance, in-residence dining options, the Shadow Mountain Lounge, the Member's Lounge, locker storage, the Remede Spa, transportation aroud own and to thebai po toconc concierge, housekeeping, and 24-hour security. These amenities will remain available for use b g owners of the timeshare units during any time of closure. The Remede Spa will continue to be available for use by the general public year-round. • It is common for hotels to close for a brief period of time during Aspen's "off-season" and can find no reason to deny the St. Regis the ability to do the same. The requirement for the St. Regis Hotel was initially discussed during the Planning and Zoning Commission meeting on April 15, 2003. A review of the meeting minutes (part of Exhibit C, Application) seem to indicate that the applicant agreed to keep the hotel open year-round as a response to concern Commissioner Cohen had regarding the loss of hotel rooms due to their conversion to time-share units. Ten years has passed since this hearing, and Staff does not believe this is a valid concern any longer. RECOMMENDATION: Staff finds the request meets the review criterion associated with PUD — Other Amendment and recommends approval of the request to amend the Aspen Mountain PUD. RECOMMENDED MOTION: "I move to approve the request for an Amendment to the Aspen Mountain PUD to allow the St. Regis Aspen Residence Club and Hotel Condominium to close temporarily during the year as noted in Resolution_, Series of 2013." ATTACHMENTS: • EXHIBIT A—PUD Review Criteria • EXHIBIT B —Public Comment • EXHIBIT C—Application Page 3 of 3 P18 Exhibit A Review Criterion Other amendment. An amendment found to be consistent with or an e�oe►s not me t he established ►►gal development plan by the Community Development Director,but which oved with conditions, or denied by the thresholds for an insubstantial amendment, may be approved, app n and Zoning Commission, at a public hearing pursuant to Subsect finio act o 4,5uo leOss the 3.sio The Planning s action by the Planning and Zoning ComillSSlo1 shall be cons►dere t appealed. Response: The applicant is requesting the removal of langu�g�Izotell po� oovfgloe development Staff P that requires the St. Regis Hotel(Ordinance No. 25, Series 2003) 9 remain open year-round. Section 1, subsection 10 of the ordinance tear around, applicant approval, the to rem p applicant shall commit to lit the St. Regis Hotel open for business that will affect the permitted The applicant is not proposing any changes to the Aspen Mountain PU landscaping, lighting, open density, height, massing, or other physical variations such as that requesting to be p mitted to take p y applicant►s simply space, access or architectural character. The app � ' o the slower business times during Aspen's off-season through e need of a fuhot.f r advantage f maintenance pu►poses and toso �oi�►olel►occupancye►Many hotels in the City of Aspen temporarily utilities, etc. during these times f low hotel and fitness center will close during the off-season. The amenities, during these times of closet e, and the Remede Spa will remain open to the residents for private '► open and available f br use by both residents and the general public Staff does not believe that remain p is in opposition to the approved.final development plan f° the criterion for fur PUD—Other erd this request PP fff will not significantly change the St. Regis in anyway. Sta ►ads that Amendment has been met. 1 P19 RESOLUTION NO.20 (Series of 2013) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING APPROVAL OF A PUD—OTHER AMENDMENT FOR THE ST. REGIS HOTEL PROPERTY DESCRIBED AS PART OF THE ASPEN MOUNTAIN PUD SUBDIVISION,BEING A PARCEL OF LAND COMMONLY DESCRIBED AS 315 E.DEAN ST.,CITY AND TOWNSITE OF ASPEN,PITKIN COUNTY, COLORADO. Parcel No. 2737-182-85-033 WHEREAS, the Community Development Department received an application from 315 East Dean Associates, Inc., represented by Alan Richman, requesting a recommendation of approval for a PUD—Other Amendment at the St. Regis Hotel, located at 315 E. Dean St.; and, WHEREAS, City Council formerly adopted Ordinance No. 25, Series of 2003, which approved a PUD Amendment for the subject site and awarded Vested Property Rights status for the conversion of 98 hotel units into 24 timeshare lodge units; and, WHEREAS, 315 East Dean Associates, Inc. has requested a PUD Amendment to the Aspen Mountain PUD to remove specific language in Ordinance No. 25, Series of 2003 that requires the St. Regis Hotel to remain open year-round; and, WHEREAS, pursuant to Section 26.445.100 Amendment of PUD development order of the Land Use Code, Planning and Zoning Commission may review the applicant's request and in this case may make a recommendation to the City Council for final decision; and, WHEREAS, the Community Development Director has reviewed the application and recommended approval of the applicant's request for a PUD — Other Amendment that will remove the requirement requiring the St. Regis Hotel to remain open year-round; and, WHEREAS,the Aspen Planning and Zoning Commission has reviewed and considered the request under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation-of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS,the Planning and Zoning Commission finds that the proposal meets or exceeds all applicable land use standards and provides a recommendation of approval of the requested PUD —Other Amendment to the Aspen City Council. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF ASPEN, COLORADO,THAT: Section 1: The Aspen Planning and Zoning Commission does hereby provide a recommendation of approval to the Aspen City Council for a PUD Amendment to the Aspen Mountain PUD that will grant the following: Resolution No.40, Series of 2013 Page 1 of 2 P20 1. An amendment to the recorded Planned foundeinlSect on Agreement 0 of OrdinancetNo. 25, 484489) to remove the following language, Series of 2003: ,With this approval, the applicant shall commit to having the St. Regis Hotel open for business year around.' Section 2: All material representations and commitments made the documentation presented before proposal approvals as herein awarded, whether public the Planning and Zoning Commission, are hereby incorporated n unles pamended by antaupthori eld and the same shall be complied with as if fully set forth herein entity. Section 3: This Resolution shall not affect any existing litigation ue of the ordinances repealed abatement of any as action or proceeding now pending under or by herein provided, and the same shall be conducted and concluded under such prior ordinances. Section _ hrase, or portion of this Resolution is for any reason If any section, subsection, sentence, clause, p be deemed a held invalid or unconstitutional in a court of competent all not affect the validity of the remaining portions separate,distinct and independent provision and shall thereof. ssion of the City of Aspen on this 17`x' day of APPROVED BY the Planning and Zoning Commi September,2013. PLANNING AND ZONING COMMISSION: LJ Erspamer,Chairman APPROVED AS TO FORM: Deb Quinn,Assistant City Attorney ATTEST: Kathy Strickland,Deputy City Clerk Attached: Exhibit A: Full legal description of property Resolution No.40, Series of 2013 Page 2 of 2 P21 EXHIBIT A LEGAL DESCRIPTION THE,ASPEN RESIDENCE CLUB&HOTEL LOT 1. FIRST AMENDED PLAT A.SPI:N MOUNTAIN SUBDIVISION AND PLANNED UNIT DEVELOPMENT, ACCORDING TO THE PLAT THEREOF, RECORDED AND FILE/ OCTOBER 3, 1988 1,N PLAT ROOK 21 AT PACh.'35 AND AMENDMENTS THERETO FILED JULY 1, 1989 IN PLAT BOOK 22 AT PAGE 85,DECEMBL'R 28, 1990 IN PLAT BOOK 25 AT PAGE'49,OCTOBER 1, 1992 IN PLAT ROOK 29 AT PAGE 71,AND FEBRUARY 9, 1993 IN PLAT BOOK 30 AT PACE 65, TOG WITH THE NON-FxCLUSIL'E EASEMENT FOR THE PURPOSE OF PROVIDING VEHICULAR AND PEDf TRIAN ACCESS, AS' CREATED, DEFINED AND ESTABLISHED BY EASEMENT AGREEMENT,RECORDED OCTOBER 4, 1989 IN BOOK 604A 7 PAGE 184,HAS BY THESE PRESENTS LAID OUT,PLATTED,CREATED AND SUBDIVIDED THE SAME AS CONDOMINIUMS AS SHOWN ON THIS MAP, UNDER THE NAME AND.STYLE OF THE ASPEN RESIDENCE CLUB AND HOTEL CONDOM/NIUM MAP.INITIALLY CONSISTING OF 25 RESIDENT/AL UNITS HEREBY DESIGNATED AS CLUB UNITS (AND FRACTIONAL OWNERS'"1P UNITS UNDER THE CITY OF ASPEN MUNICIPAL, CODE), ONE COMMERCIAL UNIT AND ONE HOTEL (/NIT, AND HEREBY SUBMITS THE RFA/, PROPERTY AND IMPROVEMENTS THE TO THE UF_CLARATION AND PLAN OF CLUB OWNL•R.SIIIP FOR TIIF ASPEN RESIDENCE.CLUB AND HOTEL.CONDOA4/NIUM,RECORDED JAN(IARY 21,2005,AT RECEPTIONT H 506236, AS MAY BEAMENDE'D FROM TIME I T/ME. COMMERCIAL UN/T,ASPEN RESIDENCE Cl,(/B&HOTEL HOTEL.UNIT,ASPEN RESIDENCE CLUB&HO'T67, (,NIT B20,ASPEN RESIDENCE CLUB&HOTEL UNIT B21.ASPEN RESIDENCE CLUB&HOTEL UNIT 812,ASPEN RESIDENCE CLUB&HOTEL UNIT B30,ASPEN RESIDENCE CLUB&HOTEL UNIT B3/,ASPEN RES/DENCE Cl.UB&MOTE/, UNIT 831,ASPh.N RESIDE'NCF.CL UB&110%E'/, UNIT 833,ASPEN RESIDENCE CL(,'B&HOTEL UNIT 834,ASPEN RESIDENCE CL(/B&HOTEL UNIT B35,ASPEN RESIDENCE CL(/B&HOTEL UNIT B40,ASPEN RESIDENCE CLUB&HOTEL UNIT B41,ASPEN RESIDENCE CLUB&HOTEL UNIT R42,ASPEN RESIDENCE CLUB&HOTEL UNIT B43,ASPEN RE:SIDENCF_CLUB&1/0 7'EL UNIT B44,ASPEN RE.S/DENCE CL UB&HOTEL UNIT B45,ASPEN RESIDENCE CL(/B&HOTEL UNIT 850,ASPEN RESIDENCE CL UB&HOTEL UNIT 851,ASPEN RESIDE NCE CLUB&HOTEL UNIT B52,ASPEN RF_SIDENCECI,08&HOTE'/, UNIT B53,ASPEN RE:SIDE'NCE Cl.UR&110TE'/, UNIT B54,ASPEN RES'/DE.NC'h:CLUB&110TF/, UNIT BSS,ASPEN RESIDENCE.CLUB&1lOTF.L UNIT B60,ASPEN RESIDENCE CLUB&l/p7EL UNIT B62,ASPEN RES/DENCE.CLI/B&HOTEL UNIT B64,ASPEN RESIDENCE CLUB&HOTEL UNIT B65,ASPEN RESIDENCE Cl,UB&HOTEL Sara Nadolny P23 From: Timothy Pappas ppas <tpappas @papent.com> Tuesday, August 27, 2013 2:34 PM Su Sara Nadolny Subject: St. Regis Dear Ms. Nadolny- I wanted to take a moment to express m support season. I am an original owner in the Residence Club and I have also enjoyed visiting Aspen at least twice annual) pport for the St. Regis plan—specifically allowing for the closure of the hotel during the off- St. Regis proposal seems reasonable given many years of operation, during which time the hotel has obviously experienced demand. I think that it is reasonable that operating requirements imposed on the hotel man Y since 1988. The hotel is financially viable. y years ago be relaxed to ensure that thef If the proposal is not approved, I would be concerned-that the burden on the hotel from the slow off-season might result in i ncreased fees for owners of the Residence Club, or a decline in the quality of the product. I hope that the City of Aspen will approve the request as submitted. Thank you, Tim Pappas Timothy A. Pappas 655 Summer Street Boston, MA 02210 1 P24 Sara Nadolny TT TRAN <tiffany.boydell @g mail.corn From: Friday, September 06, 2013 7:27 AM Sent: Sara Nadolny To: 315 E. DEAN ST.- PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT Subject: Dear Sara, opposed to 315 E Unit Development (PUD) to permit the hotel to re owners of a fractional interest at St Regis Residence J ce Club. We are strongly oPP be a We a request to amend their Plan Dean Street Associates' slow business periods during the year, or "off-season".in terns of(i)strongly our ability this would oy the close during typically detriment to the fractional owners of St Regis Residence Club - both t resale value; decrease amenities typically associated with our St Regis residence unit (as they were described to us when we originally purchased our St Regis Residence Club unit) as well as (ii) on an economic level ability to get unit rented out). art upon the fact that it was connected/ We purchased our fractional interest inld benefit from in nameeand the luxurious amenities icant affect adversely St part of the St Regis Resort and we would if the hotel is Regis. If the resort is allowed to close during certaiam nities would not be here. For example, st is St R g the enjoyment of our residence unit. All the expected What does this mean for the " is contemplated that breakfast be served in the members' lounge and such breakfast allowed to be closed, rt remises to eat dependent on "the availability of the resort food and no longer have the restaurant on n the residence current St Regis Residence Club owners? opened. In addition, this our breakfast as well as other meals, an amenity that Ce unP°were built and op ne i own for unit and one that we have had ever since the rest members' lounge area would be anything but ' lounge is tiny and does not provide sufficient space for breakfast-- the brand St Regis is n members to $ io osed breakfast setup in the luxury and comfort and this new proposed dependent on the availability of the resort food and beverage luxurious and comf ortable (and all this is also outlets!) is hotel part of the year, it would make it even harder vacationerseare likely to owners By closing the St Reg y Not ly like ourselves to rent out our units (since att next td door or the Little Nell a few blocks away). ost likely only stay at competing hotels such as the to se out on tenants, the rental rate for the St Rteus and other Residence lClub owners would we to This overall will affect down (to reflect fewer amen ities). opportunities but also resale value. Resale values for these economically-both in terms of rental opp he resale values would b about a third (since our purchase when the St Regis Residence Club units have already gone down y units were first launched) and if the hotel were to close for part of the year, drop even further. in to do is to cut costs and save money Overall, we think what the 315 E Dean Street Associates are trying ' e but this would have direct negative impact economic value interests The he St (and have a larger bottom l in ), Residence Club fractional owners, in Club terms racttional owners s needdto be protected. Regis i5 Residence Club interests of the current St Reg will refuse 315 E. Dean Street Asso s of the cu ciates' request to during We hope the City of Aspen wil owners of the S Regis certain times of the year as such closure would hurt the interest Residence Club owners. i If you would like to discuss, my # is 917.60 2782 or you can also email me. P25 Best regards, Tiffany and Paul Boydell (Current Aspen St Regis Residence Club Ownerso 2 P26 Dear Sara, As a follow up to my email of September 6, 2E D 13 an Street Associates this afternoon, St Regis y objection to the requested approval from 315 Aspen during certain weeks of the year are based on 2 main concerns: ers - We bought our 2 1. Economic Detriment to St Re is As en Residence Club Ow eks and one off season bedroom fractional interest (4 weeks consisting the years. When I was at St Regis week) for $295,000. The value has g one down as ours) Aspen this past March 2013, I found out that there were`owners still onsthe markets I spoke p who were trying to sell their unit for$200,000 butt they to Sheryl Goldman (who worked at St Regis Asp en he market for resale) about the valuet of listing agent for some of these units that were on 000 since our purchase, as these units and she said that price has dropped by $100, ng evidenced by the fact that units were trying to get sold for about$ 000,t0o 0. is e integral of St Regis hotel (and reduction in St Regis overall part of the St Regis Residence Club experienc`eould de-value our p opertyletven further, (restaurants, lounge, spa, pool, services, etc ) as the St Regis Residence Club units would have s amenities the Hyatt less atdactiv ro potential purchasers, who could easily look elsewhere less money) and the Little Nell a couple of blocks invest,nit (as the renters are Regis Hotel is closed, it would make it harder for us to rent out our not getting the full St Regis amenities package that is usually associated 315 EDeanl Street t Regis g brand) -- again negatively affecting us on an economic a protect the Associates needs to address how and As ten they are doing to Residence Club owners. adequately ECONOMIC interests of the St Regis p 2. Decrease in the En'o ment of the St Re is Facilities he St Regis Aspen well as that other owners) bought our unit on the notion that it was part •f �i e. all the shared facilities we would benefit from all the amenities of the St Regis hotel part the enjoyment of the St / amenities / services). If the hotel is shut down, duringrestaurants closed), as the usual St Regis Aspen Residence Club would be decreased (e.g., Regis amenities would be compromised. This was D lla s for our un t and should be able to bargained for when we made our investment purchase. We paid premium enjoy all the amenities/ facilities of the St Regis Aspen. We hoe that requested amendment will not be approved for the reasons stated above and in my p email to you dated Sept 6, 2013. Best regards, Tiffany Boydell EXHIBIT AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF OP RTY: � � �D e_CA.-t'1 Aspen, CO ACHEDULED PUBLIC HEARING DATE: t] STATE OF COLORADO ) ss. County of Pitkin ) T, (::7( Y`�'1 1 /Cl - n (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that 1 have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice., By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15) days prior to the public hearing arL d was continuously visible from the day of , 20_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred(300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governinental agencies so noticed is attached hereto. (Continued on next page) Rezoning or text amendment: Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived, However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen(15) days prior to the public hearing on such amendments. Signature The fo egoing "Affidavit of Notice" was acknowledged before e this y of , 20_G by PUBLIC NOTICE WITNESS MY HAND AND OFFICIAL SEAL RE:315 E.DEAN ST.-PLANNED UNIT DEVELOPMENT(PUD)AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday,September 17,2013,at a My commission expires: meeting to begin at 4:30 p.m.before the Aspen Planning and Zoning Commission,Sister Cities Meeting Room,City Hall,130 S.Galena St.,As- pen,to consider an application property by located E. I l Dean Street Associates,for the property located at 'j r 315 E.Dean St.(commonly known as the St. Regis),represented by Alan Richman Planning Notary Public Services.The applicant is requesting an amend- ment to their Planned Unit Development(PUD)to permit the hotel to close during typically slow busi- ness periods during the year,or'Off-season'.The property is legally described as Aspen Residence Club and Hotel,Parcel ID 273718285033. For further information,contact Sara Nadolny at the City of Aspen Community Development Depart- ment, 130 S.Galena St.,Aspen,CO,(970) 429.2739,sara.nadolny @cityofaspen.com. a/LJ Erspamer,Chair Aspen Planning and Zoning Commission p �CHMENTS AS APPLICABLE: • Published in the Aspen Times Weekly on Au�dV�TION 22nd,2013.[9469957] • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAIL • APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY- 315 S,o.k 4Zt,�,. 5 Srec , Aspen, CO SCHEDULED PUBLIC HEARING DATE: S e t y_;, vi ,20 3 STATE OF COLORADO ) ss. County of Pitkin ) 1, kLAv,, Q `��wwr. (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: ✓ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15) days prior to the public hearing on the 3 O day of X 5 wr*- , 20*-3 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) TAA Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. N�A Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice"was acknowledged before me this 5- day of 20 t3 , by '8''` Q I-0A ww. t► WITNESS MY HAND AND OFFICIAL SEAL 110T�Y'�• My m ission expires: ' PUBLIC ` ��'•••..••' Notary Public QF IvcMde"MonWN11 s ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE(SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. X24-65.5-103.3 PUBLIC NOTICE RE: 315 E. DEAN ST.—PLANNED UNIT DEVELOPMENT (PUD)AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, September 17, 2013, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by 315 E. Dean Street Associates, for the property located at 315 E. Dean St. (commonly known as the St. Regis), represented by Alan Richman Planning Services. The applicant is requesting an amendment to their Planned Unit Development (PUD) to permit the hotel to close during typically slow business periods during the year, or "off-season". The property is legally described as Aspen Residence Club and Hotel, Parcel ID 273718285033. For further information, contact Sara Nadolny at the City of Aspen Community Development Department, 130 S. Galena St.,Aspen, CO, (970)429.2739, sara.nadolny @cityofaspen.com. s/LJ Ersnamer,Chair Aspen Planning and Zoning Commission Published in the Aspen Times on August 22nd, 2013 City of Aspen Account Easy Peel®Labels s Bendalonglineto } Q AVERY®5160® 1 Use Avery®Template 51600 j Feed Paper�� expose Pop-up Edge M j 315 EAST DEAN ASSOC INC 5 SPOKES PARTNERSHIP LP 800 S MILL LLC 150 E 58TH ST 351 RANDALL WY 1200 CHEROKEE#407 14TH FLR OAKLAND, MD 21550 DENVER, CO 80204 NEW YORK, NY 10155 911 SOUTH MILL ST LLC ABRAHAMSON ERIK G 75% AGLEY ALISON FOTO C/O FRIAS PROP TOMC ARBUTINE MARY JANE 25% PO BOX 7911 730 E DURANT 2639 MC CORMICK DR ASPEN, CO 81612 ASPEN, CO 81611 CLEARWATER, FL 33759 ALYEMENI ALICE ANDERSON ANGUS A ANDERSON BRUCE J 400 E MAIN ST#2 277 WILLITS LN 700 S MONARCH#207 ASPEN, CO 81611 BASALT, CO 81621 ASPEN, CO 81611-1854 APRIL FAMILY TRUST ARGUETA NOLVIA A ASPEN ALPENBLICK NO 3 LLC 3501 S 154TH ST 922 S MILL ST#B 211 VINE ST WICHITA, KS 67232-9426 ASPEN, CO 81611 DENVER, CO 80206 ASPEN DOLOMITE ASSOCIATION NO 6 ASPEN RESIDENCE CLUB& HOTEL ASPEN RQ LLC LLC CONDO ASSOC INC 320 MARTIN ST#100 ATTT BRIAN G MCELWEE INVESTMENT C/O SVO ASSOCIATION MANAGEMENT BIRIMINGHAM, MI 480091485 CO 9002 SAN MARCO COURT PO BOX 837 ORLANDO, FL 32819 VALLEY FORGE, PA 19482 ASPEN SHAW PROPERTIES LLC ASPEN SKIING COMPANY LLC ASPENITALL LLC PO BOX 61347 PO BOX 1248 3755 NE 214TH ST DENVER, CO 80206 ASPEN, CO 81612 AVENTURA, FL 33180 ATTERBURY ANDREW L& PRENTICE AVERITT DON R BAKER KATHY GWYN A 6918 LUPTON 2960 BARCLAY WAY 2001 SHAWNEE MISSION PKY DALLAS,TX 75225 ANN ARBOR, MI 481059463 SHAWNEE MISSION, KS 66205 BARNES ROBERT M BASMA NADA BECKMAN SUSAN R REV TRUST 6445 SENECA RD 6318 NW 23 ST 5918 PRICE RD MISSION HILLS, KS 66208 BOCA RATON, FL 33434 MILFORD, OHIO 45150 BENNETT WOOD INTERESTS LTD BERSANI THOMAS A BILLINGSLEY FAMILY LP PO DRAWER 1011 3415 EAST LAKE RD 1206 N WALTON BLVD REFUGIO,TX 78377 SKANEATELES, NY 13152 BENTONVILLE,AR 72712 BISSET KAREN I BLEILER JUDITH A TRUST BORNEMAN BRADLEY A 6445 SENECA RD PO BOX 10220 LOUGHEAD EDWARD MISSION HILLS, KS 66208 ASPEN, CO 81612 PO BOX 552 BOYERTOWN, PA 19512 ttiquettesfacilesAReler ; 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Repliez h la hachure afln de; www.averycom Utilisez le gabarit AVERY®5160® j chargement r6veler le rebord Pop-uWm j 1-800-GO-AVERY ' 1 P"UBLIC NOTICC . Prii 1, :>t 'J!, 1"xr a"at a, r a�Ar°fit t. lir,f Offg1 g1tif-�� �Hl$ T RECORDING REQUESTED BY -.__ AND WHEN RECORDED RETURN TO: 5062��0 Starwood Hotels&Resorts Worldwide,Inc. IIIII� ((JJ Page: 1 of s IIII� 1 I III! 111 W �I��III estche II��I J _ Westchester Avenue enue I��IjjJJ SI RIIII� LVIA DA III 01/21/ DAVIS PITKIN COUNTY CO 280a 10.431 White Plains,NY 10604-3500 R 41.00 D ¢i.00 Attention: General Counsel HOTEL AMENITIES USE AND ACCESS AGREEMENT (Aspen Residence Club and Hotel Condominium) This Hotel Amenities Use and Access Agreement (this "Agreement') is made this day of En�d 005, by and between SLT Aspen Dean Street, LLC, a Delaware limited liability company (the and St.Regis Residence Club of Colorado,Inc., a Colorado corporation(the "Club Developer"). Club Developer are sometimes referred to collectively in this Agreement as the "Parties" and individually as a"Party". RECITALS A. Hotel Owner is the owner of a luxury hotel known as the St, Regis Aspen Hotel(the"Hotel")as more particularly described and shown as the Hotel Unit on the Condominium Map for Aspen Residence Club and Hotel Condominium (as supplemented from time to time, the "Condominium Map"), recorded on 5�tAa/ 2005 at Book 7 I ,page9 ,and in the Declaration and Plan of Club Ownership for Aspen Residence Club and Hotel Condomi,�Im (as amended front time to time, the "Condominium Declaration") recorded on / ,2005 at Beek SL 6ASIgl; ,all in land records of Pitkin County,Colorado. The Hotel Unit currently contains the following amenities: an outdoor heated swimming pool and fitness center containing a weight room. The above listed amenities (as may be modified or replaced from time to time by the Hotel Owner in accordance with Section 4 of this Agreement) shall herein be referred to as the "Amenities". Club Developer has developed a fractional club project consisting of residential condominium units in which fractional interests will be marketed and sold, as more particularly described and shown as "Club Units" on the Condominium Map and Condominium Declaration. B. Club Developer desires to secure rights in favor of Club Unit Users to use the Amenities upon and subject to the terms and conditions set forth in this Agreement. Hotel Owner desires to grant such rights to stimulate patronage of the Amenities by the Club Unit Users upon and subject to the terms and conditions set out in this Agreement. NOW THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. Definitions. In this Agreement,the terms defined in Exhibit"A"shall have the respective meanings set forth therein. 2. Grant of Rights. Hotel Owner hereby grants to Club Developer, for the benefit of all Club Unit Users, a license to access, use and enjoy the Amenities in common with, and in accordance with,the Policies and Procedures applicable from time to time to Hotel Guests. Such license shall be an irrevocable license except to the extent expressly provided in this Agreement. Hotel Owner may suspend a Club Unit User's privileges under this Agreement for any violation of Policies and Procedures or other wrongful conduct on the same basis as for Hotel Guests. A Club Unit User may exercise such right, liberty and privilege only during, or in connection with,the period when such Club Unit User is in occupancy of a Club Unit or any portion thereof. Except as otherwise provided herein,neither Club Developer, nor any person claiming rights through it or under it, including, without limitation,any Club Unit User,shall have or CO_DOCS_A#151607 v3 1 F:1AspenlTitle Matters0ocsIHOTEL AMENITIES USE&ACCESS AGMT 12-29-04.00C TffW CoArMy of THE RocI�ICI�c. Owner Information Page 103 8 I 5 0 6240 Page: 2 of 0 1,21,201 0.431 SILVIA DAVIS PITKIN COUNTY CO R al.ee v 0.a 0 claim,at any time,any interest or estate of any kind or extent in the Amenities,in the income or liabilities associated with such Amenities,or in the income of Hotel Owner. This provision is intended to constitute a general irrevocable license and not a grant of any exclusive or non-exclusive right to any specific portion of the Hotel Unit. 3.Amenities ties Fee Hotel Owner shall be entitled to charge the Association a reasonable and proportionate share of the actual costs of operating, maintaining and repairing the Amenities. The fee for the year 2005 shall be THIRTY SIX THOUSAND NINE HUNDRED AND SIXTY DOLLARS ($36,960). Hotel Owner or Hotel Manager may adjust this fee annually on the same percentage basis as the percentage change in the total cost of operating, maintaining and repairing the Amenities,excluding costs related to the Hotel Owner's sole use of the Amenities. The total operating,maintenance and repair costs shall be reasonably determined by Hotel Owner or Hotel Manager on an annual basis in accordance with generally accepted accounting principles. Such percentage change shall be measured based on the total costs to operate, maintain and repair the Amenities beginning August 1 and ending July 31 of each year,as compared with the total cost to operate,maintain and repair the Amenities over the same time period in the following year. The percentage change in the Amenities Fee for 2006,for example,shall be determined by the percentage change in the total cost of operating, maintaining and repairing the Amenities as measured from the time period of August 1,2003 until July 31,2004(2003/2004 Year)as compared to the total cost of operating,maintaining and repairing the Amenities from August 1,2004 through July 31,2005(2004/2005 Year). Therefore, if the total costs of operating, maintaining and repairing the Amenities between the 2003/2004 Year and the 20042005 Year increase by a percentage of 3%, the Hotel Owner shall be entitled to increase the 2006 Amenities Fee by 3%, so that the Association's reasonable and proportionate share of the Amenities Fees in 2006 would be $38,068.80. To the extent the Hotel Owner elects to close the entire or a portion of the Amenities for group use,special events,or otherwise for the Hotel Owner's sole use as permitted herein,the Hotel Owner and not the Association shall be responsible for costs applicable to such use or event during the period of closure. Either the Hotel Owner or the Association may seek a re-determination of the Amenities Fee amount to reflect the then actual costs of operating, maintaining and repairing the Amenities (determined in accordance with generally accepted accounting principles) and the Association's proportionate share thereof. Neither party may seek a re-determination within two years from the date of the last re-determination, unless such re-determination is required to reflect a substantial modification or alteration of the Amenities since the last re-determination of the Amenities Fee. The first re-determination shall not be held any sooner than January 1,2007. In order to commence such a re-determination,the party seeking the re-determination must give the other party at least 90 days notice that it is seeking a re-determination. In the event the parties do not, within thirty(30)days of such notice, agree on the new Amenities Fee, either party may,at any time thereafter,submit such matter to binding arbitration in accordance with Section 12 of this Agreement. Club Developer acknowledges on behalf of the Association that the Amenities Fee covers only the general use of the facilities constituting the Amenities. Club Unit Users may be charged additional fees for associated services and products (such as, by way of example and not limitation, for fitness or aerobics classes,personal training,snacks and beverages,etc.)on the same basis as Hotel Guests. 4. Performance Standards The Amenities will be maintained and operated in good condition and repair. Notwithstanding anything in this Agreement to the contrary, Hotel Owner may from time to time alter, modify, replace, relocate, enlarge, discontinue or temporarily or permanently close the Hotel and/or any of the Amenities provided that the Amenities to which Club Unit Users have rights under this Agreement shall remain available to the Club Unit Users to the same extent such Amenities continue to be used in the operation of the Hotel and made available to Hotel Guests. 5. Access to the Amenities. Club Unit Users shall have access to, use of and enjoyment of the Amenities, subject to(i)closure of the entire or a portion of the Amenities from time to time for group use and special events, and for maintenance and repairs,(ii)space availability,as reasonably determined by the Hotel Owner or Hotel Manager,and(iii)the Policies and Procedures of the Hotel Owner,provided that any restrictions on access or use of the Amenities shall apply equally to Club Unit Users and Hotel Guests. CO DOCS A#151607 v3 2 F:WspenlTitle Mattersk0ocsIHOTEL AMENITIES USE&ACCESS AGMT 12-29-04.DOC Owner Information Page 104 506240 I Il Page: 3 of 8 I IIII � l llll IIII I II III 111111 IIIII� IIIIIII 01/21/2005 10:431 6. Term,Termination. SILVIA DAVIS PITKIN COUNTY CO R 41.00 D 0.00 The use rights granted by Hotel Owner with respect to the Amenities shall commence on the date that a Club Unit in the Club Project is first occupied by a Club Unit User and shall not expire unless the Condominium Declaration is terminated and a substantially similar plan is not re-imposed on the Club Units and Hotel Unit within 60 days of the termination of the Declaration. The Association may terminate this agreement upon the affirmative vote of three quarters of the total number of voting interests held by owners of Club Interests. 7. Insurance:Indemnification. The Hotel Owner shall maintain a policy or policies of general liability insurance covering the Hotel Unit appropriate for its operations in its sole discretion. The Hotel Owner shall cause such policy or policies to be amended to name as additional insureds with respect to the exercise of the use and access rights granted under this Agreement, the Club Developer (so long as the Club Developer retains any interest in any Club Interests), the Association Manager and the Association. The Hotel Owner shall from time to time provide evidence of coverage as the Club Developer(if applicable), the Association Manager or the Association shall reasonably request. The Hotel Owner shall not be obligated to maintain a greater level of insurance coverage(s) with respect to claims by Club Unit Users than it does with respect to claims by Hotel Guests. The proportionate cost of providing such insurance shall be a cost of operating the Amenities. 8. The St.Regis Name and License. Hotel Owner has a licensing arrangement("Hotel Licensing Arrangement")with The Sheraton Corporation ("Licensor") to use the name "St. Regis" ("Brand") and all service marks and trademarks associated therewith ("Marks") in connection with the operation of the Hotel Unit. In addition, the Club Manager has a licensing arrangement("Club Licensing Arrangement")with Licensor to use the name"St. Regis"and,as a consequence,the Club will be designated as a St. Regis vacation ownership resort during the term of the Club Licensing Arrangement. Neither the Association nor Club Unit Users have, nor shall Association claim on its own behalf or on behalf of the Club Unit Users, any right, title, or interest in the Brand,Marks, Hotel Licensing Arrangement or the Club Licensing Arrangement,and neither Association nor the Owners are third party beneficiaries of the Brand, Marks,Hotel Licensing Arrangement or Club Licensing Arrangement, intended or otherwise. 9. Notices. (a) Any communication,notice or demand of any kind whatsoever which either Party may be required or may desire to give to or serve upon the other shall be in writing and delivered by personal service (including express or courier service), by facsimile (if confirmed in writing sent by overnight courier or by registered or certified mail, postage prepaid, return receipt requested), by a reputable national or international overnight courier such as Federal Express, or by registered or certified mail, postage prepaid, return receipt requested,in any case addressed as follows: (i) If to Hotel Owner: SLT Aspen Dean Street,LLC c/o The St.Regis Aspen Hotel 315 East Dean Street Aspen,Colorado 81611 Attention: Hotel General Manager Fax: (760)770-2155 With a copy to: 3 CO DOCS_A#151607 v3 FAWspen\Title Matters\Dots\HOTEL AMENITIES USE&ACCESS AGMT 12-29-04.DOC Owner Information Page 105 8/23/13 9:52 AM a ST REGIS R$PFU RESIDENCE CLUB *NOTICE:The public hearing date for the requested PUD amendment to allow seasonal closure of the Hotel has been changed from September 3,2013 to September 17,2013. Dear{FirstName}(LastName}, Please be informed the Aspen Planning and Zoning Commission public hearing has been rescheduled for Tuesday, September 17,2013 at 4:30 p.m.The meeting will be held at City Hall in the Sister Cities Meeting Room,130 S.Galena Street,Aspen,Colorado.If you are unable to attend the meeting,please submit questions or comments to Sara Nadolny at Sara nadolny(-)citvofas0en com at the City of Aspen Community Development Department no later than September 11, 2013.All queries will be included in a report to the Commission on September 17.Click here to view the revised public notice. If the proposed amendment is approved,guests of the Residences can expect the following amenities and services: •To be greeted by a bellman at the front drive and welcomed through the main entrance.The bellmen will assist with luggage and the check-in experience. •In-Residence dining options •Guests of the Residences will enjoy private access to the Shadow Mountain Lounge. •Cocktails and breakfast in the Member's lounge** •Access to pool and hot tubs •24-hour Security •On-call Engineering staff •Housekeeping •Concierge •DLocker storage •thel�Jus en Pe Remede®Spa,with limited daytime hours,which will include access to the specialized amenities like xyg •Access to the fitness center •Transportation to the airport as well as around town •Guests of the Residences can expect full access to the management team who will continue to be available throughout any closure of the guestrooms. We will continue to keep you updated on the results of the hearing.As always,please feel free to contact Member Services should you have any questions at 866 776 9637. Sincerely, Member Services *Date is subject to change. **Depending on the availability of the resort food and beverage outlets. .3... L",1;1s I I I .,,r�;, ',�, E, SPG,Preferred Guest,Starpoints,Starwood Residence Club,Aloft,Element,Four Points,Le Maridien,Sheraton,St. Regis,The Luxury Collection,W,Westin and their respective logos are the trademarks of Starwood Hotels&Resorts Worldwide,Inc.,or its affiliates. To ensure you receive your Starwood Residence Club emails,please add memberservices(o)starwoodresidenceclub cam to your address book. You are subscribed as(EMailAddr) See our Privacy Statement or call 877.782.0071 to learn more about our data collection and usage practices. Starwood Residence Club,9002 San Marco Court,Orlando,FL 32819 ©2013 Starwood Hotels&Resorts Worldwide,Inc. CID xxxx file:///Users/elizfra I/Documents/HOA%2OCommunicat ions/HOA%20HTML%2OFiles/SRA%2OPUD%2Oemail-woDean%2Ov2.htmi Page 1 of 1 EXECUTIVE SESSION Date September 17, 2013 Call to order at: m. I. Commission members present: Commission members not present: rt�rLJ Erspamer ❑ LJ Erspamer [Stan Gibbs ❑ Stan Gibbs ❑ Bert Myrin ❑ Bert Myrin [✓]Jasmine Tygre ❑ Jasmine Tygre [�Cliff Weiss ❑ Cliff Weiss ❑Keith Goode ❑ Keith Goode E3/Ryan Walterscheid ❑Ryan Walterscheid 11. Motion to go into executive session by ; seconded by Other persons present: AGAINST: VO : J Erspamer ❑ LJ Erspamer E Stann Gibbs ❑ Stan Gibbs ❑ Bert Myrin ❑ Bert Myrin Dasmine Tygre ❑ Jasmine Tygre Tiff Weiss ❑ Cliff Weiss ❑ Keith Goode ❑ Keith Goode E Ryan Walterscheid ❑ Ryan Walterscheid III. MOTION TO CONVENE EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSION OF: C.R.s. 24-6-402(4) (a)The purchase, acquisition, lease,transfer, or sale of any real, personal, or other property interest (b onferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions. (c)Matters required to be kept confidential by federal or state law or rules and regulations. (d) Specialized details of security arrangements or investigations, including defenses against terrorism, both domestic and foreign, and including where disclosure of the matters discussed might reveal information that could be used for the purpose of committing, or avoiding prosecution for, a violation of the law; (e)Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators; (f) (I) Personnel matters except if the employee who is the subject of the session has requested an open meeting, or if the personnel matter involves more than one employee, all of the employees have requested an open meeting. IV. ATTESTATION: The undersigned attorney, representing the Council and being present at the executive session, attests that the subject of the unrecorded portions of the session constituted confidential attorney-clien comrptio` , -TL The undersigned chair of the executive session attests that the discussio i th' executive session were limited to the topic(s)described in Section III, above. Adjourned at:— 'r �