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Home My WebLink AboutLand Use Case.315 E Dean St.0018.2014.ASLU0018.2014.ASLU 315 E DEAN (ST. AEGIS) PUD AMENDMENT 2737 182 85 033 & 1 Ent i * 4 U T J THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0018.2014.ASLU PARCEL ID NUMBERS 273718285033 PROJECTS ADDRESS 315 E DEAN ST ( ST REGIS) PLANNER JUSTIN BAKER CASE DESCRIPTION PUDAMENDMENT REPRESENTATIVE ALAN RICHMAN DATE OF FINAL ACTION 6.10.14 CLOSED BY ANGELA SCOREY ON: 7.2.14 1 De/'51'3 1,/ 4/"I â€¢..1 I. .7,+ ... -- ' file Edit Becord Navigate Firm Repots Format Iab L Help , i b? 0 9, .J 3 ip:~: :.; 3, I "' ; , % Jump 1 4' 3 1 ' ' 2 94 3 I. -2 +27 V I. Vf f'* . 7 01 7 U 1 -1 11 11 j,& 1 1 "1 Main Custom Fields Royling Stalus Fee Summaw Actions ~ Routing.Histow 1 Permit Ippe L :Aspen Lan:d Use Pemit It 0018,2014.ASLU 11 | Addiess 315 E DEAN ST Apt/Su~te 04 ASPEN State 00 . Zip 21611 i - Pelmit Itio[mation Master pemil Routhg queue as.007 Appied 01Â·'13Â·2012 Proied Status pendiog Apployed Desalpfion 3-.REGIS HO-EL PJC AMEIJDMENT REGARDING ACCESSORY AND CONDFIONAL Issued RE-41L USES Clo*ed.,Fir ial ' ~ Submitted Â«=2, RIC-'W, 520-1125 Clock Runnhg Daps 0 Expes u./1 .C N Submitted via :018 : ~ Lastname Â·SI DEAN.ADICIATES. INC First name 315 EAST DEAN ST : ASPEN co 81611 Phone (970)949354 Add~.5 A,pphcant h i OwneT ly applican[7 - Cont[actor k applicant? | Last name ST REGEASPEN HOTEL Fist name : , .r - ......m'.. Â·?' t: râ€¢f . .ASPEN CO 31611 -IrÂ· ....i .Dr Phone i: i Hz,-...0 Cust # 2:162 Addwu ' Lendel i Last name Fld name 1 Phone (}- Addie AspenG0145 Iyeiver] dj3nam View 1011 ~ SWON )10!no xogioo.D . sdnoig qell RECEPTION#: 611207, 06/18/2014 at 01:13:05 PM, 1 OF 3, R $21.00 Janice K. Vos Caudil itkin County, CO ORDINANCE NO. 11 (SER]ES OF 2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AMENDMENT TO THE ASPEN MOUNTAIN SUBDIVISION FIRST AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE PROPERTY LOCATED AT 315 E. DEAN STREET, LEGALLY DESCRIBED AS HOTEL UNIT AND COMMERCIAL UNIT, ASPEN RESIDENCE CLUB AND HOTEL, CITY OF ASPEN, PITKIN COUNTY, COLORADO. PARCEL ID: 2737-182-85-033. WHEREAS, the Community Development Department received an application from the St. Regis Hotel, represented by Alan Richman Planning Services, requesting approval of an amendment to the Aspen Mountain Subdivision First Amended and Restated Planned Unit Development/Subdivision Agreement; and, WHEREAS, the property is currently zoned (L) Lodge; and, WHEREAS, pursuant to Section 26.445.110.D, Minor Amendment to a Project Review approval, an amendment found by the Community Development Director to be generally consistent with the allowances and limitations of a Project Review approval or which otherwise represents an insubstantial change but which does not meet the established thresholds for an insubstantial amendment, may be approved, approved with conditions or denied by the City Council, pursuant to 26.445.040.B.2; and, WHEREAS, upon review of the application and the applicable Land Use Code standards, the Community Development Department recommends approval of this application with condition; and, WHEREAS, City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable re ferral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on June 9, 2014, the City Council approved Ordinance No. 11, Series of 2014, by a five to zero (5 - 0) vote, approving an amendment to the Aspen Mountain Subdivision First Amended and Restated Planned Unit Development/Subdivision Agreement; and, WHEREAS, City Council finds that the proposal meets or exceeds all applicable development standards; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion ofpublic health, safety, and welfare. Ordinance No. 11, Series of 2014 Page 1 of 3 RECEPTION#: 611207, 06/18/2014 at 01:13:05 PM, 2 OF 3, Janice K. Vos Caudill, 'tkin County, CO NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby amends Section H.17 of the Aspen Mountain Subdivision First Amended and Restated Planned Unit Development/Subdivision Agreement to state: 17. The uses permitted in the commercial spaces in the hotel shall be retail and restaurant uses and those permitted in the under]ying zoning. Section 2: Severabilitv 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 jurisdictions such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 3: Existing Litigation This Ordinance 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: Approvals 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 City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5: Public Hearing A public hearing on this Ordinance shall be held on the 96 day of June. 2014, at a meeting of the Aspen City Council commencing at 5:00 pm in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 28'h day of April, 2014. Atty?t: 4 { 9\ CY,ial 0.1*uy , \\ 6\4 Linda Manning, City Clef, Steven Ska(iron, Mayor Ordinance No. 11, Series of 2014 Page 2 of 3 RECEPTION#: 611207, 06/18/2014 at 01:13:05 PM, 3 OF 3, Janice K. Vos Caudill, 'tkin County, CO FINALLY, adopted, passed and approved this _~. day of ~UN\-41_ , 2014. Attwt: 31 ~ /\ < NAA~& t. 3 9.Â« Linda Manning, City Clerl~ Stevelhkad,lon, Nia?or Approved as to form: 4- 23. /James R. True, City Attorney Ordinance No. 11, Series of 2014 Page 3 of 3 0 Regular Meeting Aspen Citv Council June 9, 2014 Mayor Skadron asked Mr. Oliver what we do about the placement of speakers. Mr. Oliver said the mall lease prohibits amplified music on the mall and this sounds like a creative way of getting around that. Councilman Frisch said the focus needs to remain on the decibel level and not the source. Mayor Skadron closed the public comment. Councilwoman Mullins moved to adopt Ordinance #15, Series of 2014 as written; seconded by Councilman Frisch. Roll call vote, Councilmembers Frisch, yes; Daily, yes; Romero, yes; Mullins. yes; Mayor Skadron, yes. All in favor, motion carried. Ordinance #11, Series of 2014 - St. Regis- Minor PD Amendment Justin Barker, community development, said this would pertain to use of commercial spaces within the hotel. The 1988 amendment contained a condition that limited the uses for the commercial spaces. The applicant has requested an amendment to free up these uses. Staff is supportive of the amendment but recommends modifying the proposed ordinance to eliminate the specific uses and to include uses allowed in the underlying zoning. Alan Richman said they are comfortable with the proposed language. Councilwoman Mullins asked if there are restrictions on the number of spaces. Mr. Barker said it was written to be maintained as four spaces but there was no evidence that it was ever used that way. He said it is not necessary to limit the spaces at this time. Councilman Frisch said he is supportive of not limiting the uses. Mayor Skadron asked what the community's concern of unrestricted retail was when the code was put in place. Mr. Richman said at the time there was concern that the lodge district was not the place for retail. Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public comment. Councilman Daily moved to adopt Ordinance #11, Series of 2014 with changes; seconded by Councilman Frisch. Roll call vote; Councilmembers Mullins, yes; Romero, yes; Daily, yes; Frisch, yes; Mayor Skadron, yes. Motion carried. Resolution#70, Series of 2014 - HUBAspen Temporary Use - 557 North Mill Street Chris Bendon recommended continuation to June 23rd due to an issue with the notice. Councilman Frisch moved to continue to June 23,2014; seconded by Councilman Romero. All in favor, Motion carried. Resolution #64, Series of 2014 - Lodge Incentive Program Code Amendment - Policy Resolution Chris Bendon and Jessica Garrow, community development, said this hearing will provide answers to the questions from the last meeting. Ms. Garrow said pillow count equals heads in beds where units are the total number of rooms available. Staff has information from Stay Aspen Snowmass and updated Mtrip data. She said there are discrepancies between the data since they are counting different things. She said no matter the data or the methodology both sets of data point to a decline in the bed base. The Stay Aspen data from 1995 to 2005/6 shows a 27% decrease. Comparing to MTRIP it's about a 3.25% 7 MEMORANDUM TO: Mayor Skadron and Aspen City Council THRU: Chris Bendon, Community Development Director FROM: Justin Barker, Planner RE: Second Reading of Ordinance No. 11, Series of 2014 - St. Regis, Minor PD Amendment MEETING DATE: June 9,2014 APPLICANT: SUMMARY: St. Regis Hotel The applicant proposes to amend Section H.17 of the First Amended and Restated Aspen REPRESENTATIVE: Mountain Subdivision/PUD Agreement to Alan Richman Planning Services allow the full range of retail uses as allowed by the underlying zoning within the St. Regis LOCATION: Hotel. 315 E. Dean Street Lot 1, Aspen Mountain Subdivision/PUD STAFF RECOMMENDATION: Staff recommends amending Section H. 17 of CURRENT ZONING & USE: the First Amended and Restated Aspen (L) Lodge / Hotel Mountain Subdivision/PUD Agreement to state: "The uses allowed in the commercial spaces shall be uses accessory to the lodge and those permitted in the underlying zoning." LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval: â€¢ Minor Amendment to a Proiect Review approval - An amendment found by the Community Development Director to be generally consistent with the allowances and limitations of a Project Review approval or which otherwise represents an insubstantial change but which does not meet the established thresholds for an insubstantial amendment, may be approved, approved with conditions or denied by the City Council, pursuant to 26.445.040.B.2 - Step Two. City Council is the final review authority. PROJECT BACKGROUND: The St. Regis Hotel is located on Lot 1 of the Aspen Mountain Subdivision/PUD. The Aspen Mountain Subdivision/PUD was approved in 1985 and has been amended several times since. The original hotel (Ritz Carlton) was built in 1992 on Lot 1 (also designated as Hotel Phase I in 1 the PUD Agreement), then changed ownership in 1998 and became the St. Regis Hotel. The property is currently zoned as (L) Lodge with a (PD) Planned Development Overlay. In 1988, the PUD Agreement was substantially amended. Section H.17 of the First Amended and Restated PUD/Subdivision Agreement (hereinafter "Amendment") reads as follows: "The accessory retail uses permitted within the Hotel Phase I shall be limited to the.following and similar uses: sundry shop; car rental desk; travel desk; ski rental and repair store; ski and sports activity center; hotel operator souvenir store; beauty shop; florist shop; and gift shop. The four accessory retail spaces depicted in the building on Durant Street shall not be combined to create larger retail spaces. PROJECT SUMMARY: The applicant would like to amend Section H.17 of the Amendment to continue to allow those uses already listed within the Amendment as a right, while also allowing other retail uses to apply for a conditional use as allowed by the underlying zone district. The proposed amended language would be as follows (changes bolded): "A. The accessory retail uses permitted within the Hotel Phase I shall be limited to the following and similar uses: sundry shop; car rental desk; travel desk; ski rental and repair store; ski and sports activity center; hotel operator souvenir store; beauty shop; florist shop; and gift shop. B. Any retail use that is not on this list or that the City's Community Development Director determines is not similar to any of the uses on this list shall be considered to be a "conditional retail use". Conditional retail uses shall only be permitted to occupy the retail spaces in the Hotel if they shall first receive conditional use approval from the City of Aspen. C. The two accessory retail spaces located in the building on Durant Street shall not be combined to create larger retail spaces. 8TAFF EVALUATION: At the time of the Amendment, the property was zoned (L/TR) Lodge/tourist Residential. Customary accessory uses were included as a permitted use, though what uses were considered customary accessory uses was not clearly identified. Section H. 17 of the Amendment was most likely added in order to clarify what could be considered a customary accessory use that could occupy those spaces within the hotel. Unfortunately, this has placed a limitation on the spaces to only allow for those types of uses. Staff often must deny businesses or burden a new business due to these limitations. One of Council' s top ten goals for 2014 is to "identify strategies to expand business diversity and ,' enhance business sustainability by reducing business start-up obstacles. Many properties, like the St. Regis, have these approval conditions that were a response to issues at the time, but may no longer be relevant. As part of a Council Work Session held on January 6, 2014, Staff suggested encouraging the process of "unbinding" existing commercial spaces from these conditions (Exhibit B). Council supported this process on an individual proposal basis as part of a work program (Exhibit C). 2 The amendment proposed by the applicant achieves the idea of broadening allowable uses within the Hotel, however it does not fully "unbind" the property and adds further confusion. Staff recommends amending Section H. 17 of the First Amended and Restated Aspen Mountain Subdivision/PUD Agreement to state: "The uses allowed in the commercial spaces shall be uses accessory to the lodge and those permitted in the underlying zoning." This would allow for any accessory uses to the lodge by right without defining specific uses, while any other use of the spaces would be according to the underlying zoning (currently Lodge), as may change from time to time. Staff finds this as a simpler method to expand the possible uses of the spaces while also bringing the property up-to-date with current zoning. Originally there were four spaces in the building on Durant Street. Over time, these spaces have been remodeled and at some point were combined to create two retail spaces, one currently occupied by Aspen Sports, and the other vacant. Staff does not find that the restriction requiring four spaces is no longer necessary and recommends that it is removed entirely. At first reading, the applicant discussed including a list of example uses that would be considered accessory to the hotel. Council expressed support for this inclusion. The proposed additional language would state: "Commercial uses that are accessory to the hotel include, by way of example, the following: Art gallery, beauty shop, book store/news stand, clothing store, coffee shop/ice cream stand, florist shop, gift shop/souvenir store, ski rental and repair store, sports activity center, travel desk/car rental desk and sundry shop." STAFF RECOMMENDATION: Staff recommends amending Section H. 17 of the First Amended and Restated Aspen Mountain Subdivision/PUD Agreement to state: "The uses allowed in the commercial spaces shall be uses accessory to the lodge and those permitted in the underlying zoning. Commercial uses that are accessory to the hotel include, by way of example, the following: Art gallery, beauty shop, book store/news stand, clothing store, coffee shop/ice cream stand, florist shop, gift shop/souvenir store, ski rental and repair store, sports activity center, travel desk/car rental desk and sundry shop." RECOMMENDED MOTION (ALL MOTIONS ARE IN THE AFFIRMATIVE): "I move to approve Ordinance No. 11, Series of 2014, approving a Minor Amendment to the Aspen Mountain Subdivision/PUD Agreement." EXHIBITS: A. Review Criteria - Planned Development Use Variation Standards B. Council Work Session Memo - 1.6.2014 C. Council Work Program Memo - 1.6.2014 D. Application E. Supplement to Application 3 Regular Meeting Aspen Citv Council April 28,2014 ORDINANCE #11, SERIES OF 2014 - St. Regis - Minor PUD Amendment Chris Bendon, community development department, told Council this is an amendment to the approvals of the St. Regis that would remove some restrictions on the commercial spaces. The 1985 approval had very prescriptive uses and limitations on combining commercial spaces. The proposed ordinance is a result of one of Councils top ten goals dealing with commercial diversity. This ordinance will allow commercial spaces in the St. Regis to function like any commercial space in town. Alan Richman said he is comfortable with the language in the ordinance but would like to see a list of uses considered to be accessory uses in a hotel. Councilman Frisch asked about the downside to making it a commercial space without limitations. Mr. Bendon said they do not see a lot of downside as long as it works with the operation of the lodge. He said they are more interested in who it is for; the guest, community or a blend. Councilman Daily said he is comfortable as long as the language can be worked out. Mayor Skadron said he would like to see steps to prevent excessive accessory uses as being considered conditional uses. Councilman Frisch made a motion to read Ordinance #11, seconded by Councilman Daily. All in favor, motion carried. ORDINANCENO. 11 (SERIES OF 2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AMENDMENT TO THE ASPEN MOUNTAIN SUBDIVISION FIRST AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT, FOR THE PROPERTY LOCATED AT 315 E. DEAN STREET, LEGALLY DESCRIBED AS HOTEL UNIT AND COMMERCIAL UNIT, ASPEN RESIDENCE CLUB AND HOTEL, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Councilwoman Mullins made a motion to adopt Ordinance #11, series of 2014, on first reading; seconded by Councilman Frisch. Roll call vote; Councilmembers Mullins, yes; Frisch, yes; Daily, Yes; Mayor Skadron, yes. Motion carried. ORDINANCE #9, SERIES OF 2014 - Supplemental Appropriation Mr. Stricker told Council the spring supplemental request is for 22 million dollars and is one of the two regular supplemental requests for the year. Included in the request is 18 million dollars of capital projects that were multi-year or were not able to be completed during the year. This includes 5 million for Burlingame, 2.3 for the Galen Plaza project and a host of dollars for utilities, storm water and parks. In addition to capital projects there is about 3 million dollars in departmental and central savings. There are recently approved items of roughly 500 thousand dollars including the gondola crossing project with 260 thousand dollars. The new requests are about 500 thousand dollars including grant requests, quality improvement grants, radon testing 1 MEMORANDUM TO: Mayor Skadron and Aspen City Council THRU: Chris Bendon, Community Development Director //t#1 V' FROM: Justin Barker, Planner RE: First Reading of Ordinance No. 11, Series of 2014 - St. Regis, Minor PD Amendment MEETING DATE: April 28,2014 (Second Reading scheduled June 9,2014) APPLICANT: SUMMARY: St. Regis Hotel The applicant proposes to amend Section H. 17 of the First Amended and Restated Aspen REPRESENTATIVE: Mountain Subdivision/PUD Agreement to Alan Richman Planning Services allow the full range of retail uses as allowed by the underlying zoning within the St. Regis LOCATION: Hotel. 315 E. Dean Street Lot 1, Aspen Mountain Subdivision/PUD STAFF RECOMMENDATION: Staff recommends amending Section H. 17 of CURRENT ZONING & USE: the First Amended and Restated Aspen (L) Lodge / Hotel Mountain Subdivision/PUD Agreement to state: "The uses allowed in the commercial spaces shall be uses accessory to the lodge and those permitted in the underlying zoning." LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval: â€¢ Minor Amendment to a Project Review approval - An amendment found by the Community Development Director to be generally consistent with the allowances and limitations of a Project Review approval or which otherwise represents an insubstantial change but which does not meet the established thresholds for an insubstantial amendment, may be approved, approved with conditions or denied by the City Council, pursuant to 26.445.040.B.2 - Step Two. City Council is the final review authority. PROJECT BACKGROUND: The St. Regis Hotel is located on Lot 1 of the Aspen Mountain Subdivision/PUD. The Aspen Mountain Subdivision/PUD was approved in 1985 and has been amended several times since. The original hotel (Ritz Carlton) was built in 1992 on Lot 1 (also designated as Hotel Phase I in 1 the PUD Agreement), then changed ownership in 1998 and became the St. Regis Hotel. The property is currently zoned as (L) Lodge with a (PD) Planned Development Overlay. In 1988, the PUD Agreement was substantially amended. Section H.17 of the First Amended and Restated PUD/Subdivision Agreement (hereinafter "Amendment") reads as follows: "The accessory retail uses permitted within the Hotel Phase I shall be limited to the following and similar uses: sundry shop; car rental desk; travel desk: ski rental and repair store; ski and sports activity center: hotel operator souvenir store; beauty shop; florist shop; and gift shop. The four accessory retail spaces depicted in the building on Durant Street shall not be combined to create larger retail spaces. PROJECT SUMMARY: The applicant would like to amend Section H. 17 of the Amendment to continue to allow those uses already listed within the Amendment as a right, while also allowing other retail uses to apply for a conditional use as allowed by the underlying zone district. The proposed amended language would be as follows (changes bolded): -A. The accessory retail uses permitted within the Hotel Phase I shall be limited to the following and similar uses: sundry shop; car rental desk; travel desk; ski rental and repair store: ski and sports activity center; hotel operator souvenir store; beauty shop; florist shop: and gift shop. B. Any retail use that is not on this list or that the City's Community Development Director determines is not similar to any of the uses on this list shall be considered to be a "conditional retail use". Conditional retail uses shall only be permitted to occupy the retail spaces in the Hotel if they shall first receive conditional use approval from the City of Aspen. C. The two accessory retail spaces located in the building on Durant Street shall not be combined to create larger retail spaces. STAFF EVALUATION: At the time of the Amendment, the property was zoned (L/TR) Lodge/tourist Residential. Customary accessory uses were included as a permitted use, though what uses were considered customary accessory uses was not clearly identified. Section H.17 of the Amendment was most likely added in order to clarify what could be considered a customary accessory use that could occupy those spaces within the hotel. Unfortunately, this has placed a limitation on the spaces to only allow for those types of uses. Staff often must deny businesses or burden a new business due to these limitations. One of Council's top ten goals for 2014 is to "identify strategies to expand business diversity and enhance business sustainability by reducing business start-up obstacles." Many properties, like the St. Regis, have these approval conditions that were a response to issues at the time, but may no longer be relevant. As part of a Council Work Session held on January 6, 2014, Staff suggested encouraging the process of "unbinding" existing commercial spaces from these conditions (Exhibit B). Council supported this process on an individual proposal basis as part of a work program (Exhibit C). 2 The amendment proposed by the applicant achieves the idea of broadening allowable uses within the Hotel, however it does not fully "unbind" the property and adds further confusion. Staff recommends amending Section H. 17 of the First Amended and Restated Aspen Mountain Subdivision/PUD Agreement to state: "The uses allowed in the commercial spaces shall be uses accessory to the lodge and those permitted in the underlying zoning." This would allow for any accessory uses to the lodge by right without defining specific uses, while any other use of the spaces would be according to the underlying zoning (currently Lodge), as may change from time to time. Staff finds this as a simpler method to expand the possible uses of the spaces while also bringing the property up-to-date with current zoning. Originally there were four spaces in the building on Durant Street. Over time, these spaces have been remodeled and at some point were combined to create two retail spaces, one currently occupied by Aspen Sports, and the other vacant. Staff does not find that the restriction requiring four spaces is no longer necessary and recommends that it is removed entirely. STAFF RECOMMENDATION: Staff recommends amending Section H. 17 of the First Amended and Restated Aspen Mountain Subdivision/PUD Agreement to state: "The uses allowed in the commercial spaces shall be uses accessory to the lodge and those permitted in the underlying zoning." RECOMMENDED MOTION (ALL MOTIONS ARE IN THE AFFIRMATIVE): "I move to approve Ordinance No. 11, Series of 2014, approving a Minor Amendment to the Aspen Mountain Subdivision/PUD Agreement, on First Reading." EXHIBITS: A. Review Criteria - Planned Development Use Variation Standards B. Council Work Session Memo - 1.6.2014 C. Council Work Program Memo - 1.6.2014 D, Application E. Supplement to Application 3 ORDINANCE NO. 11 (SERIES OF 2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AMENDMENT TO THE ASPEN MOUNTAIN SUBDIVISION FIRST AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE PROPERTY LOCATED AT 315 E. DEAN STREET, LEGALLY DESCRIBED AS HOTEL UNIT AND COMMERCIAL UNIT, ASPEN RESIDENCE CLUB AND HOTEL, CITY OF ASPEN, PITKIN COUNTY, COLORADO. PARCEL ID: 2737-182-85-033. WHEREAS, the Community Development Department received an application from the St. Regis Hotel, represented by Alan Richman Planning Services, requesting approval of an amendment to the Aspen Mountain Subdivision First Amended and Restated Planned Unit Development/Subdivision Agreement; and, WHEREAS, the property is currently zoned (L) Lodge; and, WHEREAS, pursuant to Section 26.445.110.D, Minor Amendment to a Project Review approval, an amendment found by the Community Development Director to be generally consistent with the allowances and limitations of a Project Review approval or which otherwise represents an insubstantial change but which does not meet the established thresholds for an insubstantial amendment, may be approved, approved with conditions or denied by the City Council, pursuant to 26.445.040.B.2; and, WHEREAS, upon review of the application and the applicable Land Use Code standards, the Community Development Department recommends approval of this application with condition; and, WHEREAS, City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on June 9, 2014, the City Council approved Ordinance No. 11, Series of 2014, by a to L - _) vote, approving an amendment to the Aspen Mountain Subdivision First Amended and Restated Planned Unit Development/Subdivision Agreement; and, WHEREAS, City Council finds that the proposal meets or exceeds all applicable development standards; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and wel fare. Ordinance No. 11, Series of 2014 Page 1 of 3 NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby amends Section H.17 of the Aspen Mountain Subdivision First Amended and Restated Planned Unit Development/Subdivision Agreement to state: 17. The uses allowed in the commercial spaces shall be uses accessory to the lodge and those permitted in the underlying zoning. Section 2: Severability 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 of the remaining portions thereof. Section 3: Existing Litigation This Ordinance 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: Approvals 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 City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5: Public Hearing A public hearing on this Ordinance shall be held on the 9111 day of June, 2014, at a meeting of the Aspen City Council commencing at 5:00 pm in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 28th day of April, 2014. Attest: Kathryn S. Koch, City Clerk Steven Skadron, Mayor Ordinance No. 11, Series of2014 Page 2 0 f 3 FINALLY, adopted, passed and approved this day of ,2014. Attest: Kathryn S. Koch, City Clerk Steven Skadron, Mayor Approved as to form: Jim True, City Attorney Ordinance No. 11, Series of 2014 Page 3 0 f 3 EXHIBIT A 26.445.060. Use Variation Standards. A development application may request variations in the allowed uses permitted in the zone district. The burden shall rest upon an applicant to show the reasonableness of the request and its conformity to the standards and procedures of this Chapter and this Title. The permitted and conditional uses allowed on the property according to its zoning shall be used as a guide, but not an absolute limitation, to the land uses which may be considered during the review. Any use variation allowed shall be specified in the ordinance granting Project Review approval. In the review of a development application for a Project Review, the Planning and Zoning Commission or the }fistoric Preservation Commission, as applicable, and City Council shall consider the following standards related to Use Variations: A. The proposed use variation is compatible with the character of existing and planned land uses in the project and surrounding area. In meeting this standard, consideration shall be given to the existence of similar uses in the immediate vicinity, as well as how the proposed uses may enhance the project or immediate vicinity. Staff Findings: There are currently a variety of retail and restaurant uses located within the Hotel as well as in the nearby vicinity. The restriction on particular types of retail uses has limited the use of retail space, particularly along Durant Avenue where one space has remained vacant for quite some time. The allowance for a wider variety of uses can help to ensure the continued occupancy of retail spaces within the Hotel. Stafffinds this criterion to be met. B. The proposed use variation is effectively incorporated into the project's overall mix of uses. In meeting this standard, consideration shall be given to how the proposed uses within a project will interact and support one another. Staff Findings: There are only a handful of spaces within the Hotel that are currently dedicated to retail or restaurant use. The interior location of these spaces suggests use primarily .for the Hotel guests, but do not necessarily limit who may use them. These spaces are currently used as a gift shop and sports activity center, both intended specifically for Hotel guests. The spaces located along Durant Street have more of an on-street visual presence and are more likely to attract additional business #om those not staying at the Hotel. The provision of a variety of shops .for both internal and external customers will create a diverse mix of business to help create vibrancy for the Hotel and surrounding area. Stafffinds this criterion to be met. C. The location, size, design, and operating characteristics of the proposed use variation minimizes adverse effects on the neighborhood and surrounding properties. Staff Findings: The spaces within the Hotel have almost no impact on the neighborhood or surrounding properties as they are primarily intended for Hotel guests and are not visible unless you are within the Hotel The spaces along Durant Street would attract more attention from external customers, but would still be required to comply with underlying zoning. Under the current Lodge zone district, any retail use that is accessory to the Hotel would be permitted by right. Any other retail or restaurant use would require a Conditional Use approval, providing surrounding property owners the chance for input at a public hearing. Stafffinds this criterion to be met. D. The proposed use variation complies with applicable adopted regulatory plans. Stat.f Findings: Allowing a wider variet-y of commercial uses within the Hotel spaces helps to create a diverse commercial mix and enhance lodging amenities. This is in line with the goals Of the AACP. Stafffinds this criterion to be met. EXHIBIT B MEMORANDUM TO: Mayor Skadron and Aspen City Council FROM: Chris Bendon, Community Development Director RE: Work Session: Best Year Yet Goal #10 DATE: January 6,2014 BACKGROUND: The City's Best Year Yet plan includes a goal regarding business diversity. The purpose of this work session is to gain clarity on the goal and strategies to achieve it. The number and scope of potential strategies are broad. Narrowing the efforts will enable staff to focus on Council's priorities. THE GOAL: #10. By August 31, 2014 help insure the livability of Aspen for future generations by identifying strategies to expand business diversity and enhance business sustainability by reducing business start-up obstacles. CURRENT EFFORTS: Business Navigator. City staff is developing a web-based navigator for local businesses and others conducting business within the City. This site provides information on how to start or relocate a business with the ability to apply for and obtain a business license, sign permits and most other City permits. It will connect with the City's online building permitting software, as well as the City's business licensing software. One set of pages is geared to new and prospective businesses not familiar with the local business license process and should serve as a resource for local commercial brokers. Additional pages are geared toward explaining the City's land use, building and engineering permit processes. A final set of pages will walk applicants through the Special Events permit process. Roll-out is expected by March 1 st. Welcoming New Businesses. City staff is developing, in cooperation with Aspen Chamber Resort Association, a welcome package to give out to all new businesses opening in Aspen. A few times a month, this package would be given out to new businesses by local officials, perhaps by the mayor or council members, and a representative from ACRA. The packet would include information on accessing City documents and how to fill those documents out. SUGGESTED EFFORTS: Expanding Retail to the Mixed-Use Zone. The Mixed-Use zone allows retail operations within historic buildings only. The MU zone is primarily Main Street, but also includes properties east of Spring Street downtown and the Jerome Professional building (under construction). Permitting retail in all buildings in this zone may create new opportunities for retail start-ups. The lease rates would reflect the non-prime locations. If this is pursued, staff would discuss the potential with the HPC - the allowance for historic buildings is an incentive although staff believes the value of the incentive is marginal. Aspen Brand Aspen enjoys a high profile and international identity as a luxury resort. Like any brand, the Aspen brand is susceptible to degradation through complacency, Businesses reliant on strong identity constantly evolve their identity to stay current and fresh. This is especially prevalent in retail fashion as each season presents a challenge to be cutting-edge while still true to the brand legacy. This effort would focus on the Aspen identity and attempt to broaden what Aspen is known for. Some areas may need little emphasis - like epic skiing and happening nightlife. Other areas may need extra effort - such as healthy living and business innovation. A more selective approach to special events would be necessary. For high-profile events, Aspen would look to ensure each relationship broadens and strengthens Aspen's long-term identity. In particular, Aspen would seek relationships that bolster a high quality of living and a respect for Aspen's past. This effort should also support eccentric, quirky, only-in-Aspen activities. The unusual and sometimes bizarre happenings are part of the Aspen identity. Off-season capture-the-flag and townie rides ending at the Brewery add to a funky vibe that's been here since the 70's. The City may be able to assist these "events as part o f an overall strategy. This includes the Mayor's recent efforts regarding outdoor gear and previous efforts to secure the bike race. "Tested in Aspen" could become an important status within the outdoor gear manufacturing realm and an example of mutually beneficial cross branding. Having Aspen known for where the world' s best outdoor gear is put through its paces can have long-term benefit to our sustainability as a resort and to local businesses. The near term could involve a master plan or visioning document related to branding and a strategy for special events - both sophisticated and quirky. Brainstorming with local businesses regarding identity and branding ideas is also suggested. Commercial Space within New Lodges. Commercial space within lodge properties are usually limited as ~'accessory to the lodge " operation. A coffee shop, for example, could be an on-site amenity for lodge guests but could not be open to the general public. This can become an obstacle and many see it as unproductive. Staff believes the City should remove this limitation and allow commercial spaces within lodges to function like other commercial/retail spaces. This will also assist the City's lodging efforts. POSSIBLE EFFORTS: Selective SCI Rezoning. In April 2013 staff presented various options to City Council regarding rewriting or rezoning the SCI properties. The SCI zone has long been a difficult zone to manage - the list of uses is very specific and antiquated. Staff must review the business plan of each new operation and prospective business operators are usually left wondering why the City is so restrictive, New businesses express their frustration with: "why are you so anti-business, "but my business serves locals, . " all the other places are way too expensive," etc.. Staff supports a rezoning of the Obermeyer Place development to Neighborhood Commercial. This would enable SCI spaces within Obermeyer to house a broader range of businesses, including offices. The SCI spaces in Obermeyer have struggled to find tenants, some of which have been mostly vacant since inception. Staff has discussed this with the Obermeyer Place HOA board president but has not heard back. The same approach could also be beneficial for the North Mill properties located along the river. These buildings are mostly professional offices and staff often receives requests for additional professional offices in this location. The City would need to consider whether a simple rezoning to Neighborhood Commercial, which allows free-market residential, would encourage a redevelopment and i f such redevelopment would be desirable. Public/Private Redevelopment of SCI Properties. The SCI properties along North Mill Street are redevelopment candidates. The City has previously explored rezoning options to adjust the types of allowable businesses. This effort was met with significant concern about the effects on existing businesses. (also see "rewrite of SCI," below.) Redevelopment ofthe property could be an opportunity to create small business start-up spaces ranging from quasi-industrial type operations to professional offices. The property enjoys good access and low topography to minimize the effects of larger structures. This would not be a small undertaking. Determining the types of businesses, types of spaces, potential transition planning for existing businesses, and negotiating with the property owner would be complicated. Redevelopment of Zupancis Parcel. The 540 Main Street property was originally purchased to assist the Fire Station in their efforts to relocate to Main Street. It has since been seen as a potential expansion opportunity for County Administration. The County is currently considering options that do not involve the Zupancis property. The property has never been considered as a long-term city asset - proceeds from the sale of the property have been earmarked for City Hall renovations. The City's long-range plan is to relocate the parking department to an expanded building along Rio Grande Place. The property has been informally considered in various discussions for affordable housing, a lodge, a commercial incubator, or as a mixed-use development. The City could undertake an effort to identify an ideal development program for the property, provide a basic level of development entitlement, and then either sell the property or pursue a development partner. This would not be a small undertaking as the City has little experience as a "redevelopment authority." Development of the property would need to consider the historical assets currently at the rear of the property, access from Main Street, and proximity to adjacent development. "Unbinding" Existing Commercial Spaces. Some properties are burdened with approval conditions dating back to the original approval. The conditions were responsive to issues of the time but, in staff' s opinion, may no longer be relevant. Many of the lodges, for example, have commercial spaces that only allow retail accessory to the hotel operation and often include a specific list of allowable uses - travel agent, car rental desk, sundry store, gift shop, etc. Staff often must deny business proposals because they don't fit the specific list of uses or burden the new business with unworkable limitations. For example, a gym within a hotel may be limited to being a hotel amenity and able to offer memberships to the general public. If these spaces allowed general commercial uses, many more businesses could locate is these spaces. These limitations are usually specified in an Ordinance and within a development agreement - making for a cumbersome process to modify them. City could search for these outdated requirements and encourage property owners to seek modification. Each request would need to be reviewed on its own. Encouraging Commercial Expansions The process and mitigation requirements to expand an existing business space can be prohibitive. "Lowering" the requirements for new commercial space may enable some expansions. The City recently amended the code to permit small expansions (up to 500 square feet) without requiring mitigation. One property has utilized this provision. This concept should not be expected to lower lease rates. Selective Public/Private Partnerships. City staff could seek-out opportunities for commercial expansions and contact property owners. Opportunities may exist within existing structures or may involve new development. This is a very different role for staff and the community is not used to seeing staff "drumming-up business." However, some opportunities for additional or higher quality commercial space may exist. Cooper Street Basement. The basement of 508 E. Cooper contains a commercial space, currently vacant. The project was approved through a settlement agreement which requires this space be rented to a restaurant with a limitation on the prices of food. The 1,800 s.f. space is unfinished with a tenant finish estimate of roughly $1 million. The landowner has not been successful in their attempt to secure a tenant. The City has the right to request proposals and "name a tenant for consent by the landowner." City staff would like to know if a request for proposals should be drafted and advertised. lf the City were to issue an RFP. staff recommends the proposals initially be forwarded directly to the landowner for their consideration. PREVIOUS EFFORTS: Wholesale Rewrite of SCI. In April 2013 staff presented various options to City Council regarding rewriting or rezoning the SCI properties. The SCI zone has long been a difficult zone to manage - the list of uses is very specific and antiquated. Staff must review the business plan of each new operation and prospective business operators are usually left wondering why the City is so restrictive. New businesses express their frustration with: "why are you so anti-business," "but my business serves locals, "', all the other places are way too expensive," etc.. Business owners currently operating in the SCI district are very fearful of zoning changes and their expected redevelopment of the properties. Many of the businesses report that they are on month-to-month leases. During the last effort, current business expressed their frustrations with: "why is the City trying to kick us out," and "why is the city encouraging a redevelopment. Staff does still believe a wholesale redefinition of SCI is needed. Many of the permitted uses aspire to a bygone era. The current zoning does, however, provide a safe-haven for nearly- extinct but needed businesses - like the laundromat. Staff suggests the any rewrite to allow new uses be done in coordination with a redevelopment or partnership redevelopment. Specific development incentives could be offered by the City in exchange for protecting certain uses or creating specific types of commercial spaces in a new development. (Also see selective SCI rezoning and Public/Private Redevelopment, above) Defining and Regulating "Locally-Serving." The community has had some version of a 'locally-serving-commercial' aspiration for 40-some years. The stumbling point has always been around definition - deciding who's in (and not). Most-recently, the City installed a two-year moratorium with the aim of defining locally-serving commercial uses. The City looked at business quotas, special reviews by a new board to determine what businesses can open, ways to prohibit "chain" stores, ways to regulate non-local ownership, ways to regulate price-point, ways to dictate products, ways to prohibit ~'high-end" or "luxury" brands, etc. The City even researched direct subsidies for some essential business types. As part of this effort, the City contemplated quotas or limits on jewelry stores, fur stores, and galleries. None of the concepts gained community favor and many in the community started to question if this was a legitimate role for local government. One idea that gained mediocre support was for the City to open its own store and sell whatever it decided to sell. After two years the City lifted the moratorium with no changes to the Code. Eventually all locally-serving discussions return to a fundamental question of definition - who's in and who's not in. Does a jewelry store qualify? Does a ski shop? The question gets tougher with real examples - is Peach's locally-serving? Is Pitkin County Dry Goods locally-serving? The gas station, the Wheeler, Ute Mountaineer, etc.. Most of the work staff has done on this topic has been a way to deflect the core question of who's in and who's not in. Staff does not recommend pursuing this concept again. Previous efforts have been a quagmire and repeating the effort is likely to produce the same result. Plus, limiting certain business types may not be in-line with Council's goal of minimizing business obstacles. EXHIBIT C MEMORANDUM TO: Mayor Skadron and Aspen City Council FROM: Chris Bendon, Community Development Director RE: Work Session: Best Year Yet Goal #10 DATE: January 6, 2014 The City Council reviewed this goal on January 6th and set the following work program. Business Navigator. City staff is developing a web-based navigator for local businesses and others conducting business within the City. This site provides information on how to start or relocate a business with the ability to apply for and obtain a business license, sign permits and most other City permits. It will connect with the City's online building permitting software, as well as the City's business licensing software. One set of pages is geared to new and prospective businesses not familiar with the local business license process and should serve as a resource for local commercial brokers. Additional pages are geared toward explaining the City's land use, building and engineering permit processes. A final set of pages will walk applicants through the Special Events permit process. Roll-out is expected by March 1 st. Welcoming New Businesses. City staff is developing, in cooperation with Aspen Chamber Resort Association, a welcome package to give out to all new businesses opening in Aspen. A few times a month, this package would be given out to new businesses by local officials, perhaps by the mayor or council members, and a representative from ACRA. The packet would include information on accessing City documents and how to fill those documents out. Expanding Retail to the Mixed-Use Zone. Staff is undertaking an analysis of the Mixed-Use zone. The MU zone is primarily Main Street, but also includes properties east of Spring Street downtown and the Jerome Professional building (under construction). The MU zone allows retail operations within historic buildings only. Permitting retail in all buildings in this zone may create new opportunities for retail start-ups. The lease rates would reflect the non-prime locations. Staff is reviewing the potential change with commercial brokers and will discuss the potential with the HPC before returning to City Council. Aspen Brand Aspen enjoys a high profile and international identity as a luxury resort. Like any brand, the Aspen brand is susceptible to degradation through complacency. Businesses reliant on strong identity constantly evolve their identity to stay current and fresh. This is especially prevalent in ' retail fashion as each season presents a challenge to be cutting-edge while still true to the brand legacy. This effort would focus on the Aspen identity and attempt to broaden what Aspen is known for. Some areas may need little emphasis - like epic skiing and happening nightlife. Other areas may need extra effort - such as healthy living and business innovation. A more selective approach to special events would be necessary. For high-profile events, Aspen would look to ensure each relationship broadens and strengthens Aspen's long-term identity. In particular, Aspen would seek relationships that bolster a high quality of living and a respect for Aspen's past. This effort should also support eccentric, quirky, only-in-Aspen activities. The unusual and sometimes bizarre happenings are part of the Aspen identity. Off-season capture-the-flag and townie rides ending at the Brewery add to a funky vibe that's been here since the 70's. The City may be able to assist these "events" as part of an overall strategy. This includes the Mayor's recent efforts regarding outdoor gear and previous efforts to secure the bike race. "Tested in Aspen" could become an important status within the outdoor gear manufacturing realm and an example of mutually beneficial cross branding. Having Aspen known for where the world's best outdoor gear is put through its paces can have long-term benefit to our sustainability as a resort and to local businesses. The near term could involve a master plan or visioning document related to branding and a strategy for special events - both sophisticated and quirky. Brainstorming with local businesses regarding identity and branding ideas is also suggested. Commercial Space within New Lodges. Commercial space within lodge properties are usually limited as "accessory to the lodge operation." A coffee shop, for example, could be an on-site amenity for lodge guests but could not be open to the general public. This can become an obstacle and many see it as unproductive. Staff will propose removing this limitation and allow commercial spaces within lodges to function like other commercial/retail spaces. This will also assist the City's lodging efforts. Selective SCI Rezoning. In April 2013 staff presented various options to City Council regarding rewriting or rezoning the SCI properties. This would enable SCI spaces within Obermeyer to house a broader range of businesses, including offices. Staff has discussed this with the Obermeyer Place HOA board president but has not heard back. Public/Private Redevelopment of SCI Properties. The SCI properties along North Mill Street are redevelopment candidates. The City has previously explored rezoning options to adjust the types of allowable businesses. This effort was met with significant concern about the effects on existing businesses. Redevelopment of the property could be an opportunity to create small business start-up spaces ranging from quasi-industrial type operations to professional offices. Staff is currently working with a potential tenant to create a business incubator in the near term. This may evolve into a redevelopment discussion if interest in the incubator is strong. Redevelopment of Zupancis Parcel. The 540 Main Street property was originally purchased to assist the Fire Station in their efforts to relocate to Main Street. The property has never been considered as a long-term city asset. The City could undertake an effort to identify an ideal development program for the property, provide a basic level of development entitlement, and then either sell the property or pursue a development partner. This was of interest to City Council be less ofa priority. "Unbinding" Existing Commercial Spaces. Some properties are burdened with approval conditions dating back to the original approval which are no longer relevant. Many of the lodges, for example, have commercial spaces that only allow retail accessory to the hotel operation and often include a specific list of allowable uses - travel agent, car rental desk, sundry store, gift shop, etc. These limitations are usually specified in an Ordinance and within a development agreement. Individual proposals may come forward although none are currently underway. Cooper Street Basement. The basement of 508 E. Cooper contains a commercial space, currently vacant. The project was approved through a settlement agreement which requires this space be rented to a restaurant with a limitation on the prices of food. The 1,800 s.f. space is unfinished with a tenant finish estimate of roughly $1 million. The landowner has not been successful in their attempt to secure a tenant. Staff will be releasing an RFP with potential tenant responses forwarded to the landowner. There is no timetable for this needing Council input. t i ALAN RICHMAN PLANNING SERVICES, INC. P.O. BOX 3613 ASPEN, COLORADO 81612 970-920-1125 March 12, 2014 Mr. Justin Barker, Planner City of Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 RE: ST. REGIS HOTEL PUD AMENDMENT REGARDING ACCESSORY AND CONDITIONAL RETAIL USES Dear Justin, This is an application to amend the Planned Unit Development (PUD) that applies to Lot 1 of the Aspen Mountain PUD/Subdivision, on which the St. Regis Hotel is located. The property's street address is 315 East Dean Street and its Parcel ID # is 273718285033. The purpose of the PUD amendment is revise the language of Section 17 of the 1988 PUD Agreement for the property, which addresses the accessory retail uses that are permitted within the Hotel. A vicinity map showing the location of the subject property is attached to this application letter. The St. Regis Hotel is owned by 315 E. Dean Street Associates, Inc. (hereinafter, "the applicant"). Proof of the ownership of the subject property is provided in the form of a letter from Mr. Chris LaCroix, an attorney licensed to practice in Colorado, certifying as to the ownership of the property (see Exhibit #1). The applicant has designated Alan Richman Planning Services, Inc. as its representative for purposes of this application (see the letter attached hereto as Exhibit #2). Several pre-application discussions were held between the applicant and staff of the Community Development Department prior to submission of this application. A copy of the pre-application form staff provided to the applicant is attached hereto as Exhibit #3. According to the form, the applicant has been directed to respond to the following section of the Land Use Code: '14,(t .4 ; 14 , Vt.D 26.445.100.D: Minor Amendment to a Project Review Approval. MAR lk20 14 CITY OP ASPEN Cm,NUNITY DEVELOPMENT Mr. Justin Barker March 12,2014 Page Two The following sections of this application are organized to demonstrate how the proposal complies with the applicable review standards of the Aspen Land Use Code. First however, some background information is presented describing the history of the prior land use approvals granted to the property and providing a summary of existing conditions at the hotel. Background Information The St. Regis Hotel (legally described as the Aspen Residence Club and Hotel) is located on Lot 1 of the Aspen Mountain Subdivision/PUD. Lot 1 consists of approximately 3 acres of land (+A 128,941 sq. ft.) that is centrally located at the base of Aspen Mountain. The property is zoned Lodge and has a PUD overlay applied to it. The Aspen Mountain Subdivision/PUD was originally approved by the City of Aspen in 1985. The PUD/Subdivision Plat documenting this approval is recorded in Plat Book 17 @ Page 99 of the Pitkin County Records. The original PUD Agreement is recorded in Book 500 @ Page 656. The first significant amendment to the PUD/Subdivision was approved by the City Council in 1988. The amended PUD/Subdivision Plat was recorded in Plat Book 21 @ Page 35 and the amended PUD Agreement is recorded in Book 574 @ Page 792. Several other amendments were approved by the City in later years. Construction of the Hotel (originally known as the Ritz Carlton) was completed in 1992. The property changed in ownership in 1998 and the Hotel was re-branded as the St. Regis Hotel. In 2003, the then owner of the property obtained approval for a land use application to convert 98 of the then existing 257 hotel rooms into 25 timeshare units. Approval was also given to modify the 22 approved but at that time un-built hotel rooms in Building C into 20 hotel rooms and to convert a portion of the space on the Ballroom Level into a spa. Approval for these activities was granted pursuant to City Council Ordinance No. 25, Series of 2003 (see Exhibit #4). The amended PUD/Subdivision Plat documenting this approval was recorded in Plat Book 68 @ Page 42 of the Pitkin County records. The Residence Club and Hotel currently consists of 179 hotel rooms (257 - 98 + 20 = 179), along with the 25 timeshare units. The timeshare lodge units are located in their own wing of the hotel. The property also contains a variety of accessory uses, including the conference/meeting space and ballrooms, the spa, several dining areas and bars, including the Chefs Club Restaurant, and four retail spaces. Two of the retail spaces are located inside of the hotel lobby area, these being a gift shop/sundry shop and an outfitter/guide (fishing, etc.) type of activity shop. The other two spaces are in the building along Durant Avenue. One of these spaces is occupied by Aspen Sports while the second space is currently empty. K b.~211'7â€¢ â€ž 7 4 - MA < 1 3 7 014 CITY Or AUPEN ,Â© : . clfeLUMEArr Mr. Justin Barker March 12, 2014 Page Three PUD Amendment The applicant is requesting a single change to the approved PUD for Lot 1 of the Aspen Mountain Subdivision/PUD. The applicant requests that Section #17 of the amended PUD Agreement (see Exhibit #5) for the Hotel be revised. This section reads as follows: "17. The accessory retail uses permitted within the Hotel Phase I shall be limited to the following and similar uses: Sundry shop; Car rental desk; Travel desk; Ski rental and repair store; Ski and sports activity center; Hotel operator souvenir store; Beauty shop; Florist shop; and Gift shop. The four accessory retail spaces depicted in the building on Durant Street shall not be combined to create larger retail spaces." The reason that this section was included within the PUD Agreement is relatively easy to explain. When the Aspen Mountain PUD was originally being processed the underlying zoning of the property was known as the Lodge Two (L-2) zone district. Attached as Exhibit #6 is a list of the permitted uses in the L-2 zone district. You can see that this was a very basic use list, allowing restaurants as a conditional use, with no other commercial uses allowed. Instead, commercial uses were allowed in the Commercial Lodge (CL) zone district. Therefore, as part of the original hotel application, the applicant sought a rezoning of a portion of the project to CL and sought an allocation of commercial square footage for the hotel through the Commercial GMQS. That portion of the application was not well received by the City at that time and was ultimately withdrawn. After the original approval of the hotel in 1985 the project changed hands and a PUD Amendment was processed. An amended PUD was ultimately adopted by the City and a revised PUD Agreement was recorded in Book 574 @ Page 792 of the Pitkin County Records. It is that PUD Agreement that is the subject of this PUD Amendment application. During the time the amended PUD was being processed, the City was engaged in the process of comprehensively revising its zoning and subdivision regulations into a unified Land Use Code. That Code was adopted in mid-1988. Attached as Exhibit #7 is a copy of the permitted and conditional use district for the L/TR zone district from that Code. M. .,4 1 b 2014 CITY Ob AUPEN COANWONITY DEVELONENT Mr. Justin Barker March 12, 2014 Page Four The L/TR zone district was created when the City merged the L-1 and L-2 zone districts into a new zone district as part of the new unified Land Use Code. You can see that the Code as that time listed the following as a permitted use: 6. "Dining rooms, customary accessory commercial uses, laundry and recreational facilities located on the same site of and for guests of lodge units, boardinghouses, hotels and dwelling units." The purpose of Section 17 of the 1988 PUD Agreement was to provide some specificity as to what the applicant and the City had agreed were the "customary accessory commercial uses" that would be allowed in the retail spaces that were to be included in the Hotel. Since that time the retail spaces in the Hotel have been limited to these uses only. In 2005 the City adopted substantial amendments to the L/TR zone district and renamed that district the Lodge (L) zone district. Among the changes made, the permitted and conditional use list for the district was changed in a significant manner. Attached as Exhibit #8 is a copy of the current use list for the Lodge zone district. You can see that permitted use #8 refers to "Accessory uses and structures" and specifically allows food service for guests" as an accessory use. No further specificity is provided for this use. However, under conditional uses, the zone district now allows "Retail and restaurant uses" as a conditional use. While restaurant was listed as a conditional use in the L-2 and L/TR zone districts, having retail as a conditional use in the zone district is a change that has only been codified since 2005. Proposed PUD Amendment The St. Regis would like to have the opportunity to occupy its retail spaces with the full range of retail uses, as is now permitted of any other property in the Lodge zone district. They recognize that any new retail use would need to receive conditional use approval to occupy the retail spaces. To accomplish this objective, the applicant proposes to amend Section #17 of the PUD Agreement. The applicant proposes a hybrid approach to this amendment. Since the Code continues to allow accessory uses, the applicant would like to retain the definition from the current agreement as to what are considered to be accessory retail uses, which would continue to be permitted by right in the hotel. Any commercial use not on the list or which is found to not be similar to use on the list would be considered to be a "conditional retail use" that would require conditional use review and approval from the Planning and Zoning Commission before it could occupy a retail space in the Hotel. Following is the language which the applicant proposes for the replacement of Section 17 (new language is underlined): 4, r* - - -L MAR 1 2 2014 727 6 1 IMP 44'.'F CO'Fri.Al?1'.DAÂ»&7 Mr. Justin Barker March 12, 2014 Page Five "A. The accessory retail uses permitted within the Hotel Phase I shall be limited to the following and similar uses: Sundry shop; Car rental desk; Travel desk; Ski rental and repair store; Ski and sports activity center; Hotel operator souvenir store; Beauty shop; Florist shop; and Gift shop. B. Any retail use that is not on this list or that the City's Community Development Director determines is not similar to anv of the uses on this list shall be considered to be a "conditional retail use". Conditional retail uses shall only be permitted to occupy the retail spaces in the Hotel if they shall first receive conditional use approval from the City of Aspen. C. The two accessory retail spaces located in the building on Durant Street shall not be combined to create larger retail spaces." This proposal adds a new sub-section B to Section 17, to specify how the new retail uses (a/Ida, "conditional retail uses') will be allowed via conditional use review. Please also note that two words are proposed to be amended in Section C., to reflect the fact that for many years there have been two, not four retail spaces in the building on Durant Street. There are at least two reasons that we believe the City should support this amendment. First of all, the purpose of the City's PUD regulations is to provide flexibility to applicants to create projects that are more consistent with public policy objectives than can typically be achieved through standard zoning. In this case, due to the age of the Aspen Mountain PUD (more than 25 years), the use provisions of the Aspen Mountain PUD are not creating any flexibility for the applicant and have instead actually become more restrictive than the underlying zoning. The applicant does not seek any variances or special treatment for this property. Instead the applicant seeks equal treatment in how the 1-/TR zone district use limitations are applied to this property so that the same uses that are permitted to be established at all other properties in the Lodge zone ican be established at the St. Regis. d 41 * .t. Â·-d .4, 4== 44 MAR 1 2 2 2 4 CITY Ok a.or' cN COMMUNITY DEVELOPMENT Mr. Justin Barker March 12, 2014 Page Six Secondly, this amendment is appropriate because it will give the St. Regis the opportunity to create a bit more vitality in the Lodge zone district. Today a prime commercial space that is located at the corner of Durant and Monarch Streets, right across from Wagner Park, is sitting empty because of the limits placed on the permitted commercial use list for this PUD. This amendment will allow this space to be filled with a retail use, subject to conditional use review to ensure that the propose use is appropriate in this location. Section 26.445.110 of the Land Use Code establishes the procedures and standards for PUD Amendments. It states that amendments to PUD's approved prior to the adoption of Ordinance 36, Series of 2013 shall be processed by having the Community Development Director determine whether the amendment is insubstantial, minor or major. The Director has found that the proposed amendment to the PUD Agreement exceeds the threshold for an "insubstantial amendment" and should be classified as a "minor PUD amendment". Section 26.445.110 D. of the Land Use Code, which governs minor PUD amendments, does not contain its own standards for review of an amendment. It instead refers the applicant to the project review standards that apply to all PUD's (Sec. 26.445.050). Most of these review standards are more applicable to new development than to a minor amendment to a development agreement. Therefore, substantive responses are only provided to those few standards which apply to this proposal. PUD Proiect Review Standards A. Compliance with Adopted Regulatory Plans. Response: This proposal complies with the Aspen Area Community Plan (AACP) by helping to create more vitality and diversity at the base of Aspen Mountain. The City made the decision nearly a decade ago to allow a wide range of retail uses to occur in the Lodge zone district, subject to conditional use review. This proposal will extend that decision to the St. Regis Hotel, one of the most prominent hotels in the Lodge zone district, which has until now been unable to avail itself of the options that are available to all other surrounding properties that are designated Lodge. B. Development Suitability. Response: Primary retail uses will only be able to occupy the retail spaces if they obtain conditional use approval. Conditional use review will ensure that any primary retail uses proposed are suitable in this location. C. Site Planning. Response: No changes are proposed to the approved site plan for the Hotel. Mr. Justin Barker March 12, 2014 Page Seven D. Dimensions. Response: No changes are proposed to the dimensions established by the approved PUD plan. E. Design Standards. Response: No changes are proposed to the exterior appearance of the Hotel, and there will be no changes to the visual character of the PUD. F. Pedestrian, Bicycle and Transit Facilities. G. Engineering Design Standards. H. Public Infrastructure and Facilities. 1. Access and Circulation. Response: None of the above standards apply to this proposal. Conclusion The above responses and the attached exhibits provide the information the City has requested to process this application. The materials submitted demonstrate that the application complies with the applicable provisions of the Aspen Land Use Code. Please do not hesitate to contact us if you need anything else during the review process. Very truly yours, ALAN RICHMAN PLANNING SERVICES, INC. 74 w Alan Richman, AICP -r= r rem.r r neckikED MAR I 2 2014 CITY OP ASPEN CO>th,ll;NITY DEVELOPMENT 110 EXHIBITS F Â·: orÂ·,8 6! 1 60 /4 .,Â· , - 6-XÂ· if' V r, 't' h tÂ·'I.: MAR 1 2 2014 ,/77/ n r. t 2, ciOFIÂ¢,ENT Map oi Aspen, Aspen vulage street map - M. Aegis Aspen liesort illip.// VÂ¥ W W.bU Cglbtlbpoll.(Ully elbp(11./ J~Lill15-1101 9/ illapl Ilia.,St. Reqis Aspen Resort (http iw.stregisaspen.con~) est Rooms- (http:Uwww.stregisas~en.com/guest-rooms/) - ./2 3 A ' asperli 1 ' Â·11 - . f ff 4Â· Â·414 :161.4 ~ 119 - - ..i g.har - 4,12 2- I . 1.--- ... U :f * % 6 3 . - !1~~~6 . -1. J I.-p. g ,- , !-t#A '' , .1 .I--- ' 2 1 1 Home (hup:#www.stregisaspen.com) / Aspen (http:/twww.stregisaspen.corn/aspen/) / Reservations Getting Here (http:Hwww.stregisaspen.com/aspen/getting-here/) / Map Check In 06/19/2013 Check Out GETTING HERE (HTTP://WWW.STREGISASP Map < 06/20/2013 ~ ~ /ASPEN/GETTING- â‚¬ -gy â‚¬ S -Gre,44 4 Room(s) Adults Per Room HERED - 2 0 2 2 0 [-1 [7] Air Services E Main St (http:/twww. stregisaspe * E Bleekef /aspen/getting- Paepcke Park E Hopkbs Ave ~ . Main St Reserve () here/air- services/) - Driving m * Best Rates Guaranteed. Cio Plus Earn StarpointsÂ® (http:/twww.stregisaspe 0 (https:/twww.starwoodhoteIs.com g E Cooper Ave ~ E Cooper Ave /aspen/getting- /bestrate/index,html) ~ EHYManAVe ~ 2 00 here/driving/) 2. co E Map Wagner Park (httpitwww. stregisaspe EDeao Or (~ OP /aspen/getting- Juan St E Dean St , here/map/) 4 G P 7 E Durant Ave < 1 4 22 f.t 2, 1 E 4, 11 .3 3.f, 0, 0 6.jÂ· , p 1. 14 1. 1/ i 1 0Â¥45 : ' -3.-w,&tt.*vel,2, i :%t. 2 i ; 1 - â‚¬ Â·; Ap Â©2cANC~gle- ~7'~. 4//3 1 14 2 1 5 -2, 1 1-1 0 Map data Â©2013 Google - Exceptional accommodations notwithstanding, Aspen's unrivaled beauty is itself reason enough to make the journey. Perched high in the Elk Mountains branch of the Rockies, Aspen and its sister town of Snowmass Village boast four major ski areas, the highest concentration in all of Colorado. The St. Regis Aspen Resort is ideally located at the base of Aspen Mountain, in perfect proximity to the area's primary ski lifts as well as walking distance .-4,4/: to all of Aspen's shopping, dining and entertainment. The resort is conveniently located just 10 minutes from Aspen Airport, eight minutes from Aspen Golf Course, 12 minutes from Aspen Highlands Ski Area, 10 minutes from 1 of 3 6/19/2013 4:44 PM ASPEN OFFICE Victorian Square GARFIELD & HECHT, RC. 601 East Hyman Avenue Aspen, Colorado 81611 ATTORNEYS AT LAW Telephone (970) 925-1936 Facsimile (970) 925-3008 Since 1975 www.garfieldhecht.com I July 1, 2013 Via Email 315 East Dean Associates, Inc. c/o St. Regis Aspen Resort 315 East Dean Street Aspen, Colorado, 81611 i Attn.: Mr. Joel Hocknell, Director ofProject Development ! Email: ioelhocknell@gmail.com i Re: Ownership of St. Regis Aspen Dear Mr. Hocknell: Simon Prisk asked me to write to you because I understand that you need a letter from a Colorado lawyer to confirm ownership of certain real property in Pitkin County, Colorado known as the "St. Regis Aspen" which is located at 315 East Dean Street in Aspen, Colorado 81611. Please accept this letter to confirm that according my research of the real estate records of Pitkin County, Colorado, 315 East Dean Associates, Inc., a Delaware corporation, is the owner ofthe real property described as follows: Hotel Unit and Commercial Unit Aspen Residence Club and Hotel Condominium Map I According to the Plat recorded January 21,2005 in Plat Book 71 at Page 86 as Reception No., 506237 and as defined and described in the Declaration and Plan of Club Ownership i for Aspen Residence Club and Hotel Condominium recorded January 21, 2005 as Reception No. 506236. County of Pitkin, State of Colorado. Please contact me with any questions. Sincgrely, Garf~eld& Hecht, P.C. 6-Â·14'0- Chris LaCroix 4*, Copy via email to: Simon H. Prisk, Esq. 7, -~, / 2 2/7,4 978309_1 1 1,31 ) pga 41 Â® Printed on recycled paper Aspen â€¢ Avon â€¢ Basalt â€¢ Glenwood Springs â€¢ Rifle EXHIBIT #2 Mr. Chris Bendon, Director City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: LETTER OF AUTHORIZATION FOR LAND USE APPLICATION FOR 315 EAST DEAN STREET Dear Mr. Bendon, 315 E. Dean Street Associates is the owner of the property located at 315 East Dean Street. I am the Director of Development Services for 315 E. Dean Street Associates. I hereby authorize Alan Richman Planning Services, Inc. to submit a land use application for a PUD Amendment (Other) to amend a condition the City previously applied to the use of this property. Mr. Richman is authorized to submit this application on our behalf and to represent us in meetings with City of Aspen staff and the City's review bodies. Should you have any need to contact us during the course of your review of this application please do so through Alan Richman Planning Services or you may also contact me directly at the address or phone number listed below Sincerely~ 316*.Dean Street Associates Joel Hocknell, Director of Development Services 315 East Dean Street Aspen, CO 81611 970-948-9354 il-'' 01,4 'f Â° r .. - MAR 1 2 2014 CiTY OP A#f 7 CCIMUNITY DEVE,C:Pi.:uNT CITY ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Justin Barker, 429.2797 DATE: February 28, 2014 PROJECT: St. Regis, PD Amendment REPRESENTATIVE: Alan Richman, 920.1125 DESCRIPTION: The St. Regis Hotel is located on Lot 1 of the Aspen Mountain Subdivision. The property is currently zoned (L) Lodge with a (PD) Planned Development Overlay. Section H.17. of the lst Amended and Restated PUD/Subdivision Agreement for the Aspen Mountain Subdivision (reception #304523) only permits specific accessory retail uses within the Hotel Phase I (Lot 1, currently the St. Regis). The Applicant is proposing to amend this section to retain those uses as permitted, while also allowing the property owner the ability to apply for conditional uses within underlying zoning. The applicant will need to submit a Land Use Application requesting a Minor Amendment to a Project Review approval. This requires one public hearing before City Council. Below are links to the Land Use Application form and Land Use Code for your convenience. Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.445.110.D Minor Amendment to a Project Review approval Land Use Code link: http://www.aspenpitkin.com/Departments/Community-Developmen#Planninq-and-Zoning/Title-26-Land-Use-Code/ Land Use Application: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2013%20land'/020use%20app%20form.pdf Review by: Staff for complete application City Council Public Hearing: Yes, at City Council Planning Fees: $4,550. This includes fourteen (14) hours of staff review time. Additional time over fourteen (14) hours will be billed at $325 per hour. Referral Fees: None Total Deposit: $4,550 --i 3 '6%11-'Â· Total Number of Application Copies: 10 Copies, MAR i Z /:r d To apply, submit the following information: CITY Or Aot 2.4 Il Proof of ownership with payment. ~mulgfY DEVELONENT Il Signed fee agreement. Â¤ Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. Il Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. Â¤ Total deposit for review of the application. D licopies of the complete application packet and maps. El An 81/2" by 11" vicinity map I ng the parcel within the City of Aspen. 0 Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) 0 A written description of the 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. Il List of adjacent property owners within 300' for public hearing. Il Copies of prior approvals. 0 Applications shall be provided in paper format (number of copies noted above) as well as either of the following digital formats. Compact Disk (CD)-preferred or thumbdrive. 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. L.54 7- 4 umâ€¢ MAR 1 2 2014 CITY OP ASPEN COAMUNITY DEVELOPMENT EXHIBIT #4 48448= 111 lilli 1111'l lili 11-lil li Ill'1111--1 06/25/2003 10:46A Pagâ€¢: 1 of 5 SILLIA DAVIS PITKIN -CJ. TY CO R 28,00 0 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 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; and, WHEREAS, the 24 timeshare lodge units are proposed to be sold in a minimum of 1/11th 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 body on all land use requests; and, WHEREAS, upon review of the application, referral comments, and the applicable Land LIse 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 - 3 f*,~ Exemptions, Timeshare, and Subdivision; and, .4 MAR 1 2 2014 Cnly --t t~# QU. 3' liÂ·t: 0 . 2.-2 4'.1.7(74 '-1.1.'9,1 i. OU'(r -Â·, CWPALVT 111111 Ililll 1 111111 11 lili 1 li Ill 06/25/2003 10:46A 484489 Page: 2 of 5 S.'Lk.A DRVIS PITKIr, CC-..7 CO R 26.00 0 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 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 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: a. A copy of 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 of a 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 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. 9ther. sources of wastewater. e. The applicant shall comply with the City of Aspen Water System Standards, with -0 Title 25, and with the applicable standards of Title 8 (Water CgIWervatiolt And Plumbing Advisory Code) of the Aspen Municipal Code, as requirell by The City of Aspen Water Department. Based on the sprinkler requirements of the Fire. wt...,i,,v~Â·AT -21:'c~OF@Effl' ~ ~ Â·~ -~~ ~~ ~~~~ ~~~~ ~ 484489 Pago: 3 of 5 08/25/2003 10:46A s:LEIA t..vts PITRIA COLNTY C) 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 determine the required number o f 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 fucility, 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 o f the audit. c. The term employee shall include all payroll and non-payroll employees generated by the application. Ft 70. Tl~! r' Â·Â· c.-/ ~10. MAR 1 2 2014 CRY OF AUQEN COMMUNITY DEVELONENT \1'Hilm'111 Il ~1 & Immilmil~ 1 06/25/2003 10: 469 ~ 48448= Page: 4 of 5 S 'LVIA DAVIS Pri<IN COL..-7 CO R 26.00 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 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 of the homeowners association shall permit walk-in rental of 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 o f days notice required. d. The owner of a timeshare estate shall not be permitted to occupy that estate for any period 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 included in a PUD Agreement, pursuant to Section 26.445.070(C). 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 o f $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. p rm r L,M~ :f Section 2: .=%: r.- i. I~ Ma 1 0 2014 CRY Olu ac;FEN COMMUNFA DEVELOMÂ¢ENT 11 lilill I lil li I# lilli lili ll 404489 Page: 5 of 5 06/25/2003 10:46A SILL.A DAVIS PITKIt _C J .TY CJ R 26.00 D 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 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 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 be deemed a separate, distinct and independent provision and shall not affect the validity ofthe remaining portions thereof. Section 5: A public hearing on this ordinances will be held the 27th day of May 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 ".AO,Â¥CiA 91142 City ofAspen onthis 12th~ day ofMay, 2003. . '2~4111*tah, 0ty Cierk 14elen I<diin h~~aeq~d, Mayor FINALLY, ADOPTED, PASSED, AND APPROVED this gh day~June, 2003. , T.ihut/ke/74 =i quE--- Â»07/ It In ..A#vy-11, City Cferk HJIen Kafin I~afltleru~Mayor C. 2.00 APP OVED AS TO FORM: , ..1/ 3-1 .////-24 #â„¢Â£15 61Â£*lÂ®ca d.-Jolih Worcester, City Attorney MAR 1 2 2014 C . 2 ' --' 41.1 t OC'Al JTÂ¥ d'OEiT *414"944 , I ALI em 574 PAG[838 1 Jim Wilson of March 20 and March 21, 1985, respectively, copies of which memoranda are attached as Schedule 5 and 6, respec- tively, to this First Amended PUD Agreement. For its part the City has issued a written acknowledgement of such fact, attached hereto as Schedule 7. 15. The following limits shall be placed on the construe- 1:/i. , tien schedule in addition to those proposed by the Owner or w required by the City Engineer: a. A "tennis" fence material shall be used to screen ! all staging areas on the site. b. All construction (except painting or similar "quiet" ., activities) shall be prohibited on the site between the hours of 10:00 p.m. and 7:00 a.m. C. Owner shall demonstrate to the City Engineering 0 Department that permission has been obtained from adjacent owners for the booms on the tower cranes to swing over their properties. d. The Owner shall provide the City Engineer with an ~ ' updated construction schedule prior to obtaining any additional building permits for the Project. 16. The Owner shall commit to meeting the Health Depart- ' ment requirements identified by Tom Dunlop in his memo regarding the Project dated February 18, 1988 and attached hereto as 1 Exhibit I. 17. The accessory retail uses permitted within the Hotel , Phase I shall be limited to the following and similar uses: sundry shop; car rental desk; travel desk; ski rental and repair .~ 1 47 '1 *11142- , .31*01. 1.2 t. MAN 1 6,7:, , C U 14 Cop i ,~.1'y DmÂ·'C"of?ENT a .1 21 .:,O.'7 48 ' .,1 MUL' Lail 44,4&,14.,S 6.y61.WAh d'.-0:.Ic 1,/ 1 4 1 1 =4 574 ma839 store; ski and sports activity center; hotel operator souvenir store; beauty shop; florist shop; and gift shop. The four accessory retail spaces depicted in the building on Durant Street shall not be combined to create larger retail spaces. 18. In order to maintain the employee generation repre- sented by Owner, there shall be no more than 204 dining seats and K . 1 4,500 sq. ft. of net (defined as 80% of gross) dining area, exclusive of lounge area and exclusive of seasonal outdoor dining, within the Hotel Phase I. 19. The Owner's commitment in the Initial PUD Agreement to participation in the Lodge Improvement District is hereby revised to a commitment to provide improvements on all project frontages ; which correspond to those planned for the South Galena/South Mill Improvement District. The Owner commits to construct those O improvements adjacent to the hotel which were originally intended for construction by the district contractor, using funds which will be transferred from the district to the Owner. These 1 improvements and the approximate scheduling for their installa- tion are more particularly described in Schedule 8, attached 1 i hereto and made a part hereof by reference, and Owner agrees to 09 complete such improvements to the reasonable satisfaction of the 1 City Engineer within the approximate time schedules indicated VM therein. 1 I. PERIODIC PROJECT REVIEWS Owner agrees that every six (6) months following the date r i. of final City apprbval of this Project until the construction of ~ , L- ..>2? 48 I W. 2,11 v .1,71. -' !: W. I title? 1 .Or :.1 . 0\1 , . I .-! ma ' .... ... m -- U./ ..... 6 U, 46 106, ------ MAR 12 2014 L t~-,J 4- .1 - 1~ ~~ ~ ~ ./Â»ttl V ..L' . --1 CLU . 2, 214'.VT Ir,%: 4: . DISTRICT INTENTION PERMITTED USES CONDITIONAL USES Lodge-One To encourage construction and ren- Lodge units; boarding houses; hotel; Restaurant; timesharing; satellite ovation of lodges in the areas ad- dining room, laundry and recrea- dish antennae. L-1 jacent to the commercial core and tional facilities for guests only. to prevent the conversion of exist- ing lodges into long-term residences. Lodge-Two To encourage construction and ren- Lodge units; boarding houses; hotel; Restaurant; timesharing; satellite ovation of lodges in the area at dining room, laundry and recreation dish antennae. L-2 the base of Aspen Mountain and facilities for guests only; multi- to allow construction of tourist- family residences; single-family and oriented single-family, duplex and duplex residences. multi-family units. Commercial To provide for the establishment All street level uses same as CC; Timesharing; satellite dish anten- Lodge of.commercial uses at street level lodge accommodations on second nae. j,> -but requiring that all additional and other stories. CL 3-- stories be lodge accommodations. Academic To establish areas used for educaÂ· Private school or university; teach- Boardinghouse and dormitory for tion and cultural activities with ing hospital; research facility and housing students and faculty; stu- A attendant research, housing and testing laboratory provided that dent health care facility; student administrative facilities. All devel- such facilities are enclosed and there and faculty dining hall; satellite opment is to proceed according to are no adverse noise or environ- dish antennae. - a site plan approved pursuant to the mental effects; auditorium and other ~ IE ONd(Ins Â§ 24-3.2 ASPEN CODE 09*I A Aspen Land Use Regulations 11. Internal floor area ratio: 0.75:1, increasable to 1:1; however, if the external floor area ratio is increased by Special Review pursuant to Art. 7, Div. 4, then sixty percent (60%) of the additional floor area must be approved for residential use restricted to affordable housing. E. Off-Street parking requirement. The following off- street parking spaces shall be provided for each use in the Office (0) Zone District, subject to the provisions of Art. 5, Div. 3. 1. All residential uses: 1 space/bedroom, fewer spaces may be provided by special review pursuant to Art. 7, Div. 4, for historic landmarks only. 2. Lodge uses: N/A 3. All other uses: 3 spaces/1,000 sq. ft. of net, leasable area; fewer spaces may be provided via a payment in lieu pursuant to Art. 7, Div. 4, but no fewer than 1.5 spaces per 1,000 square feet of net leasable area shall be provided on-site. Sec. 5-215. Lodge/Tourist Residential (L/TR). A. Purpose. The purpose of the Lodge/Tourist Residential (L/TR) Zone District is to encourage construction and renovation of lodges in the area at the base of Aspen Mountain and to allow construction of tourist-oriented detached, duplex and multi-family residential dwel- lings. B. Permitted uses. The following uses are permitted as of right in the Lodge/Tourist Residential (L/TR) Zone District. 1. Lodge units; 2. Boardinghouse; 3. Hotel; 4. Multi-family dwellings; 5. Detached residential or duplex dwellings, only on lots of 6,000 square feet or less; 6. Dining rooms, customary accessory commercial uses, laundry and recreational facilities located on the same site of and for guests of lodge units, boardinghouses, hotels and dwelling units; 7. Accessory residential dwellings restricted to affordable housing guidelines; and 8. Accessory buildings and uses. 5-50 Revisions incorporated through August 14, 1989 26.710.190 Lodge (L). A. Purpose. The purpose of the Lodge (L) Zone District is to encourage construction, renovation and operation of lodges, tourist-oriented multi-family buildings through short term vacation rentals, high occupancy timeshare facilities and ancillary uses compatible with lodging to support and enhance the City's resort economy. The City encourages high- occupancy lodging development in this zone district. Therefore, certain dimensional incentives are provided in this zone district, as well as other development incentives in Chapter 26.470, Growth Management Quota System (GMQS). B. Permitted uses. The following uses are permitted as of right in the Lodge (L) Zone District: 1. Hotel or lodge. 2. Timeshare lodge. 3. Exempt timesharing, 4. Offices and activities accessory to timeshare unit sales (see Section 26.590). 5. Bed and breakfast. 6. Conference facilities. 7. Uses associated with outdoor recreation facilities and events. 8. Accessory uses and structures. (Food service for on-site lodge guests is an accessory use.) 9. Storage accessory to a permitted use. 10. Affordable multi-family housing accessory to a lodging or timeshare operation and for employees of the operation. 11. Free-market multi-family housing. 12. Home occupations. 13. Vacation rentals. Pursuant to Section 26.575.220 C. Conditional uses. The following uses are permitted as conditional uses in the Lodge (L) Zone District, subject to the standards and procedures established in Chapter 26.425: 1. Retail and restaurant uses. 2. Neighborhood commercial uses. 3. Service uses. 4. Arts, cultural and civic uses. 5. Public uses. City of Aspen Land Use Code Part 700, L zone Page 1 ALAN RICHMAN PLANNING SERVICES, INC. P.O. BOX 3613 ASPEN, COLORADO 81612 970-920-1125 April 16, 2014 Mr. Justin Barker, Planner City of Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 RE: SUPPLEMENT TO ST. REGIS HOTEL PUD AMENDMENT REGARDING ACCESSORY AND CONDITIONAL RETAIL USES Dear Justin, On March 12, 2014 I submitted an application for a PUD Amendment on behalf of the St. Regis Hotel. The purpose of that amendment is to revise the language of the PUD Agreement for the property, to allow those retail uses which are listed today as conditional uses in the Lodge zone district to be conditional uses for the St. Regis Hotel. Since the application was submitted, staff has been reviewing our request and preparing its staff report to City Council on this application. As part of that review, you have asked that we provide a response to the recently-adopted review standards for "use variations" in the PUD section of the Land Use Code. You explained to me that while staff recognizes that the application does not require a variation from the uses allowed in the underlying zone district for this property, the application does request a use-based amendment to the PUD. Therefore, you have stated to me that it would be helpful to staff and City Council if we responded to these standards, particularly since the general standards for PUD Amendments provide so little guidance to the reviewer of this particular application. We are hereby providing these responses, with the stipulation that by doing so the applicant is NOT conceding that this application represents a request for a use variation. This application does not require a use variation since the applicant's request is to allow retail uses as a conditional use at the St. Regis. Retail uses have been listed as a conditional use in the Lodge zone district since 2005. Therefore, the purpose of these responses is solely to provide additional information to staff and City Council as they review and, we hope, approve this application for a PUD Amendment. The applicant's responses to the review standards follow below. Mr. Justin Barker April 16, 2014 Page Two Response to Standards for Use Variations Section 26.445.060 of the Code authorizes an applicant for a PUD to request variations in the allowed uses permitted in the zone district. It states that "The permitted and conditional uses allowed on the property shall be used as a guide, but not an absolute limitation, to the land uses which may be considered during the review". It requires the following standards to be considered when granting a use variation: A. The proposed use variation is compatible with the character of existing and planned land uses in the project and surrounding area. In meeting this standard, consideration shall be given to the existence of similar uses in the immediate vicinity, as well as how the proposed uses may enhance the project or immediate vicinity. Response: Section 17 of the original PUD Agreement, which is attached as Exhibit #7 to our original application, provides a list of "accessory retail uses" that are permitted in the St. Regis Hotel. The list includes a range of retail uses that commonly occur in full service hotels in resort communities and larger cities throughout the country. The list includes uses such as gift shop, sundry shop, souvenir shop, florist shop, beauty shop, ski rental and repair store, sports activity center and car rental desk. This list represented an effort by the City and the applicant in the 1980's to permit certain retail uses to occupy the small commercial spaces that were planned to be developed as part of the hotel. This list was necessary because at the time the underlying zoning of the property was Lodge Two (L-2). That zone did not list any retail uses as allowed or conditional uses (although it did list restaurant as a conditional use). In 2005 the City adopted amendments to what was then known as the Lodge/Tourist Residential Zone (L/TR), changing its name back to the Lodge (L) zone district. Among those amendments, "Retail and restaurant" was listed as a conditional use in this district. When it made retail and restaurant a conditional use in this zone, the City was making a finding that this use may be compatible with the character of the Lodge district, but that a case-by-case review by P&Z of any proposal to establish this use in this zone was needed before the use could actually be established. The applicant believes that amending the PUD Agreement in the manner proposed would be compatible with the character of the Hotel and the surrounding neighborhood. Retail uses have operated in the Hotel since its construction. Today the retail uses on site include Aspen Sports (located along Durant Avenue), a gifUsundry shop and a sports activity center (fishing and similar activities), the latter two of which are located within the lobby of the Hotel. There is a second retail space along Durant Avenue that has been empty for some time. This retail space is directly across from Wagner Park, in a prominent area of tourist activity. Having an empty storefront in this location limits the vitality of this area and is not of benefit to the Hotel, the City or the neighborhood. Mr. Justin Barker April 16, 2014 Page Three The proposed amendment to the PUD Agreement would provide better options for keeping the Hotel's commercial spaces filled with retail uses by allowing those spaces to be occupied by a wider range of uses than is presently allowed by the PUD Agreement. If a new retail use is proposed that it is on the accessory retail use list, it would be allowed by right. If the proposed new use were not on the list it would be subject to conditional use review. This will ensure that only uses which are compatible with the character of the Hotel and the neighborhood are allowed to locate in the Hotel. Having retail uses in the Hotel provides a service to Hotel guests and other Aspen visitors, generating tax revenue for the City and creating a more lively environment in the center of Aspen's tourist district. B. The proposed use variation is effectively incorporated into the projecfs overall mix of uses. In meeting this standard, consideration shall be given to how the proposed uses within a project will interact and support one another. Response: There are only a very limited number of spaces dedicated to commercial use within the Hotel. As explained above, there are two small spaces within the Hotel lobby that offer traditional accessory commercial services for Hotel guests. These small shops generally do not attract customers from outside of the Hotel and fit within the definition of accessory retail uses. For this reason, the applicant wants to retain the language in the PUD Agreement that allows such uses by right, since accessory retail uses do not cause additional impacts on the neighborhood and offer an essential service to Hotel guests. The two commercial spaces along Durant Avenue have a somewhat different character than the spaces within the Hotel lobby. Their entry doors front on Durant Avenue and the shops are visible from outside the Hotel. So while the shops clearly provide a service to Hotel guests, they can also attract customers who pass by along Durant and see these shops. We would anticipate that the proposed PUD Amendment would have the greatest benefit for these spaces. The amendment will allow the spaces to be occupied by other retail uses (for example, a jewelry shop or a clothing store) that would clearly provide a service to Hotel guests and compliment the mix of uses already present in the Hotel, which already includes not only the retail uses listed above, but also restaurants and a spa. These new retail uses would also compliment the uses in the surrounding area, which includes hotels, restaurants, the Ice Rink and the nearby shops along Durant Avenue. C. The location, size, design, and operating characteristics of the proposed use variation minimize adverse effects on the neighborhood and surrounding properties. Response: As noted above, the spaces within the Hotel lobby are small and hidden from public view, making them best suited for uses that serve primarily Hotel guests. The spaces along Durant Avenue more naturally can attract some customers from the general tourist population, although these spaces are also expected to serve Hotel guests, creating minimal impacts on the neighborhood. Mr. Justin Barker April 16, 2014 Page Four It is also important to note that since any new retail use proposed for the Hotel will require conditional use review, the City and neighbors will have the opportunity to review each such proposal and to impose appropriate conditions to ensure the use minimizes its impacts on the neighborhood and surrounding properties. D. The proposed use variation complies with applicable adopted regulatory plans. Response: When the City amended the underlying zone district in 2005, the adopting Ordinance found that the amendments, including the proposal to allow retail and restaurant uses as conditional uses in the Lodge zone district, complied with the Aspen Area Community Plan. Therefore, allowing these uses as conditional uses at the St. Regis Hotel, which is located in the Lodge zone district, is similarly in compliance with the AACP. Conclusion The above responses provide the supplemental information you have requested to process this application. These responses demonstrate that the application complies with all applicable provisions of the Aspen Land Use Code. Please do not hesitate to contact me if you need anything else during the review process. Very truly yours, ALAN RICHMAN PLANNING SERVICES, INC. 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Aspen, Colorado 81611 MILES LAURENCE 25% 731 S MILL ST# 1 B ASPEN, CO 81611 KE h (1 ~ 94 \414 1 1009 0006/13/14 i 802, 7_ NI XI E RETURN TO SENDER b ATTEMPTED L NOT KNOWN UNABLE TO FORWARD ~ *2079-05093-23-47 kil i Ei'%1#(,11,~1,~ptlthij)'1j~141,1&11hpdthP,plitl - 3 BC:81611. 1 Bi 21$21 +18*84 0 2 AFFIDAVIT OF PUBLIC NOTICE , REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRISS OF<ROPERTY: â€ž ~ 315 82 U ect il St N Rec,3 i s Holedkspen, Co SCHEDULED PUBLIC BEARING DATE: KoncdÂ« U >-31.un e 01 , 20 1 2-1 STATE OF COLORADO ) County of Pitkin ) I, Eh ci-r-77 1 \ V n 49(L 114 & 0 (name, please print) being or representing al{ 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) o f 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 day of , 20 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached-hereto. Afailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the infonnation described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public bearing, 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 oftlie 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 suniniary, including the method ofpublic notdication and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) J Mineral Estate OM'ner Notice. By the certified mailing of notice, return receipt I 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. Rezoning or text aniendment. 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 tin the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. 4 (v o 52) u~r UO" >L_j I jÂ»Jn.-3Â« I .- sÂ»fGe The *Agoing "Affidavit of Notice" was ackns~lpdged before me this 523day of T vil , 201~ by t, Fl/1~ 1 ' 7/L OrkÂ« 4-fla WITNESS MY HAND AND OFFICIAL SEAL My (41--ssiex-*e. LP li- F VfLy--, CHRISTOPHER LUNDGREN NOTARY PUBLIC ATTACHMENTS AS APPLICABLE: STATE OF COLORADO NOTARY ID 20144000722 â€¢ COPY OF THE PUBLICATION COMMISSION EXPIRES JAN. 09, 2018 â€¢ PHOTOGRAPH OF THE POSTED NOTICE (SIGN) e LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL â€¢ APPLICANT CERTIFICATION OF MINE]UL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 P.r- 9 PUBLIC NOTICE ~ RE: ST. AEGIS HOTEL - MINOR PLANNED DE- VELOPMENT AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, June 9, 2014, at a meet- ing to begin at 5:00 p.m..before the Aspen City Council, Council Chambers, City Hall, 130 S. Gale- na St. Aspen, to consider an application submitted by the St Regis Hotel (315 E. Dean St., Aspen, CO 81611),for the property located at 315 E. Dean St, (commonly known as the St Aegis Hotel), repre- sented by Alan Richman Planning Services. The applicant is requesting a Minor Amendment to their Planned Development (PD) to amend a condition pertaining to allowable uses within the hotel retail spaces. The property is legally described as Hotel Unit and Commercial Unit, Aspen Residence Club and Hotel, Parcel ID 2737-182-85-033. For further information, contact Justin Barker at the City of As- pen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2797, justin.barker@cityofaspen.com. 0/ Steven Skadron. Mayor Aspen City Council Published in the Aspen Times on May 22, 2014 (10203263) 39 One may take 99 you in 41 Mists 100 42 Bird on a Canadian 101 dolar 104 43 All-human bridge? 106 44 Barely bite 46 When the day's 107 done, to Dorine 47 Insh algebra teacher? 110 51 Missile Command maker 112 52 Noodges 113 54 Big name in restaurant reviews 114 55 "Hard !" 115 {nautical command] 116 56 Digs of Bgs 117 57 When the day's 118 done. to Den. 59 End of a game? 119 61 Long, angry 120 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 3 \ s O,1 4 04_ , kur , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 0 44& 4 120(H STATE OF COLORADO ) ) SS. County of Pitkin ) I, 14 6*-, 9-VOL -6- (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 ofthe 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 Â·Â· on the 24 day of FÂ»'7 , 20 17, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. V 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. 6~A 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) 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. 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 ofthis 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. tu Signature 1 =1Â· h The foregoing "Affidavit of Notice" was acknowledged before me this JT-Way of Thu ne , 20 ILL by 1--]11 an \6*okl Y'not + WITNESS MY HAND AND OFFICIAL SEAL My commission expires: I O - 250 - 2 011 NOTARY PUBUC STATE OF COLORADO '-53~ ~,â€ž~ <_, L <31,-6 \ =2 S NOTARY ID 20054038739 MY COMMISSION EXPIRES OCTOBER 30,2017 Notary Public ATTACHMENTS AS APPLICABLE: â€¢ COPY OF THE PUBLICATION â€¢ PHOTOGRAPH OF THE POSTED NOTICE (SIGN) â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 PUBLIC NOTICE RE: ST. REGIS HOTEL - MINOR PLANNED DEVELOPMENT AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, June 9, 2014, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the St. Regis Hotel (315 E. Dean St., Aspen, CO 81611), for the property located at 315 E. Dean St. (commonly known as the St. Regis Hotel), represented by Alan Richman Planning Services. The applicant is requesting a Minor Amendment to their Planned Development (PD) to amend a condition pertaining to allowable uses within the hotel retail spaces. The property is legally described as Hotel Unit and Commercial Unit, Aspen Residence Club and Hotel, Parcel ID 2737-182-85-033. For further information, contact Justin Barker at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2797, justin.barker@cityofaspen.com. s/ Steven Skadron, Mavor Aspen City Council Published in the Aspen Times on May 22, 2014 City of Aspen Account Easy Peel(W Labels i A m Bend along line to i ~ AVERYÂ® 5160Â® 2 Use AveryÂ® Template 5160Â® J '-ed paper expose Pop-up Edgeâ„¢ 1 315 EAST DEAN ASSOC INC 5 SPOKES PARTNERSHIP LP 5C GALENA LLC 150 E 58TH ST 351 RANDALL WY 738 S GALENA ST #5C 14TH FLR OAKLAND, MD 215506965 ASPEN, CO 81611 NEW YORK, NY 10155 911 SOUTH MILL ST LLC ABRAHAMSON ERIK G 75% 800 S MILL LLC C/O FRIAS PROP TOMC ARBUTINE MARY JANE 25% 1200 CHEROKEE #407 730 E DURANT 2639 MC CORMICK DR DENVER, CO 80204 ASPEN, CO 81611 CLEARWATER, FL 33759 AGLEY ALISON FOTO AHEARN GRANT KEVIN ALYEMENI ALICE PO BOX 7911 420 36TH ST 400 E MAIN ST #2 ASPEN, CO 81612 MANHATTAN BEACH, CA 90266 ASPEN, CO 81611 ANDERSON ANGUS A ANDERSON BRUCE J APRIL FAMILY TRUST 277 WILLITS LN 700 S MONARCH #207 3501 S 154TH ST BASALT, CO 81621 ASPEN, CO 81611-1854 WICHITA, KS 67232-9426 ASPEN DOLOMITE ASSOC NO 6 LLC ARGUETA NOLVIA A ASPEN ALPENBLICK NO 3 LLC ATTT BRIAN G MCELWEE INVEST CO 922 S MILL ST #B 211 VINE ST PO BOX 837 ASPEN, CO 81611 DENVER, CO 80206 VALLEY FORGE, PA 19482 ASPEN RESIDENCE CLUB & HOTEL ASPEN MFL PROPERTIES LLC ASPEN RQ LLC CONDO ASSOC INC 205 E DEAN ST #1 B 320 MARTIN ST #100 9002 SAN MARCO CT ASPEN, CO 81611 BIRIMINGHAM, MI 480091485 ORLANDO, FL 32819 ASPEN/PITKIN COUNTY HOUSING AUTH ASPEN SHAW PROPERTIES LLC ASPEN SKIING COMPANY LLC 0.01% PO BOX 61347 PO BOX 1248 530 E MAIN ST #001 DENVER, CO 80206 ASPEN, CO 81612 ASPEN, CO 81611 ASPENITALL LLC ATTERBURY ANDREW L AV 30 PROPERTIES LLC 3755 NE 214TH ST 2001 SHAWNEE MISSION PKY 5773 WOODWAY DR #800 AVENTURA, FL 33180 SHAWNEE MISSION, KS 66205 HOUSTON, TX 77057 AVERITT DON R BAKER DANA B BAKER KATHY 6918 LUPTON 200 CRESCENT CT #1450 2960 BARCLAY WAY DALLAS, TX 75225 DALLAS, TX 75201 ANN ARBOR, MI 481059463 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 lA 1 ttiquettes faciles A peler 9 Sens de Repliez & la hachure afin de | www. avery. com Utilisez le gabarit AVERYÂ® 5160Â® chargement ravaler le rebord Pop-upâ„¢; 1-800-GO-AVERY 1 Easy PeelÂ® Labels 1 A Bend along line to | Use AveryÂ® Template 5160Â® J t.-d Paper expose Pop-up EdgeTM ,| ~ AVERYÂ® 5160Â® A BENNETT WOOD INTERESTS LTD BERSANI THOMAS A BILLINGSLEY BOYCE W TRUST PO DRAWER 1011 3415 EAST LAKE RD 1206 N WALTON BLVD REFUGIO, TX 78377 SKANEATELES, NY 13152 BENTONVILLE, AR 72712 BORNEMAN BRADLEY A BISSET KAREN I BLEILER JUDITH A TRUST LOUGHEAD EDWARD 6445 SENECA RD PO BOX 10220 PO BOX 552 MISSION HILLS, KS 66208 ASPEN, CO 81612 BOYERTOWN, PA 19512 BRENDAMOUR DOUGLAS P CHILDRENS BROADSCOPE PTY LTD BRIGHT GALEN TRUST CATLOW TRUST 407 S HUNTER ST #3 6105 PARK RD 223 RIVERTON DR ASPEN, CO 81611 CINCINNATI, OH 45243 SHELLEY AUSTRALIA 6148, BUSH STEVEN S CADER ANDREW CANAS HUGO 0046 HEATHER LN 600 E MAIN ST #103 922 S MILL ST #2B ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 CANOE LAKE DEVELOPMENT LLC CHAPLIN ARLENE & WAYNE CHART HOUSE PROJECT OWNER LLC 1775 SHERMAN ST#2015 54 LAGORCE CIR 0115 BOOMERANG RD #5201 B DENVER, CO 80203 MIAMI BEACH, FL 33141 ASPEN, CO 81611 CHETNER PARTNERSHIP LP CHIATE PROPERTIES LLC CHILDS INVESTMENT COMPANY 200 1010 8TH AVE SW 20628 ROCKCROFT DR 0284 COUNTY RD 102 CALGARY ALBERTA T2P 1J2, MALIBU, CA 90265-5342 CARBONDALE, CO 81623 CITY OF ASPEN CHRISTY JOAN CJW BUNGALOW LLC ATTN FINANCE DEPT 3415 EAST LAKE RD 9039 KATY FWY #230 130 S GALENA ST SKANEATELES, NY 13152 HOUSTON, TX 77024 ASPEN, CO 81611 COHEN ASPEN LLC COHN PETER COLORADO 2012 TRUST 289 LAUREL AVE 1601 S CENTRAL 2 LONGFELLOW LN HIGHLAND PARK, IL 60035 GLENDALE, CA 91204 LITTLE ROCK, AR 72207 COSTANZA CHARLES & PHYLLIS K COOPER TWO LLC COWEN ROBERTA REV TRUST HINTERE BERGSTRASSE 36B 950 HILL RD 5471 PARKVIEW DR 8942 OBERRIEDEN WINNETKA, 1 L 60093 LA JOLLA, CA 92037 SWITZERLAND, COX DONALD L & CLARE F CROW MARGERY K CYS RICHARD L AND KAREN L 500 W JEFFERSON ST #2100 46103 HIGHWAY 6 5301 CHAMBERLIN AVE LOUISVILLE, KY 40202 GLENWOOD SPRINGS, CO 81601 CHEVY CHASE, MD 20815 1. 1 1 ttiquettes faciles & peler Sens de Repliez & la hachure afin de ~ www.avery.com Utilisez le gabarit AVERYÂ® 5160Â® chargement r*vdler le rebord Pop-upâ„¢ 1 1-800-GO-AVERY 1 Easy Peelw Labels ' A Bend along line to i Use AveryÂ® Template 5160Â® / c-ed Paper expose Pop-up Edgeâ„¢ ; ~ AVERYÂ® 5160Â® i DANCING BEAR RESIDENCES OWNERS DANCING BEAR PROJECT OWNER LLC DAUBENMIER STEVE 25% ASSOC INC 0115 BOOMERANG RD #5201 B 731 S MILL ST #1 B 411 S MONARCH ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 DAUBENMIER STEVE R TRUST DAVIDSON PAUL & DANIELLE DAYBREAK ASPEN LLC 23623 N SCOTTSDALE RD #D3 PO BOX 8562 22 PERKINS RD SCOTTSDALE, AZ 85255-3471 ASPEN, CO 81612 GREENWICH, CT 06830 DELANEY ANTHONY JAMES DESTINATION HOLDINGS FIFTH AVE LLC DIMITRIUS RALLI TRUST 6 BANCROFT AVE 333 RIVER VALLEY RANCH DR 535 FREMONT DR ROSEVILLE NSW 2069 CARBONDALE, CO 81623 PASADENA, CA 91103 AUSTRALIA, DK TRUST DOBSON CAROL FAMILY TRUST DOLINSEK JOHN 50% PO BOX 3097 7507 E ARLINGTON RD 619 S MONARCH ST QUINCY, IL 62305 SCOTTSDALE, AZ 85250 ASPEN, CO 81611 DOLOMITE 12 LLC DONCER ASPEN LP DUNN SHAWN C 141 W JACKSON BLVD STE 2900 9651 W 196TH ST 300 CENTER DR #G144 CHICAGO, IL 60604 MOKENA, IL 60448 LOUISVILLE, CO 80027 DUPLEX INVESTMENTS LLC 50% DURANT ASPEN 4C LLC DURANT CONDOMINIUM ASSOCIATION 10601 N PENNSYLVANIA AVE 492 COLUMBINE ST 747 S GALENA ST OKLAHOMA CITY, OK 73120 DENVER, CO 80206 ASPEN, CO 81612 DURANT CONDOMINIUM ASSOCIATION EDH TRUST 11/17/2012 45% EDLIN RICHARD & JANENE EMPLOYEE HOUSING UNIT 14 417 MONTGOMERY ST 3RD FL 85 BUCKINGHAM RD 747 S GALENA SAN FRANCISCO, CA 94104 TENAFLY, NJ 07670 ASPEN, CO 81611 EDWARDS TRICIA TEEGARDIN ELDER TRUST EIDAM KAREN A TRUST 500 N CAPITAL OF TEXAS H\An' BLDG 4- ELDER JERRY TRUSTEE 8432 CASTLE DR 100 PO BOX 308 MUNSTER, IN 46321 AUSTIN, TX 78746 LA JOLLA, CA 92038-0308 ELLERBECK FAMILY PTNRSHP LTD 11 ELLERSTEIN DAVID ERICKSON CLAIRE L & BETTY LOU FLP 2101 WAUKEGAN RD #210 PO BOX 552 1231 INDUSTRIAL RD BANNOCKBURN, IL 60015 BOYERTOWN, PA 19512 HUDSON, WI 54016 ESENJAY PETROLEUM CORP EVANS DAVID COURTNEY FASCHING HAUS CONDO ASSOC 500 N WATER ST #1100 SOUTH PO BOX 952 730 E DURANT AVE CORPUS CHRISTI, TX 78471 ASPEN, CO 81612 ASPEN, CO 81611 1. 1 1 ttiquettes faciles & peler Sens de Repliez & la hachure afin de I www. avery.com ' Utilisez le gabarit AVERYÂ® 5160Â® chargement rav*ler le rebord PoP-upT. i 1-800-GO-AVERY 1 Easy PeelÂ® Labels i A I Bend along line to i ~ AVERYÂ® 5160Â® l Use AveryÂ® Template 5160Â® Paper expose Pop-up EdgeTM ; FH ASPEN LLC FINKLE ARTHUR A & AMELIA FJR PROPERTIES LLC 4720 ROCKCLIFF RD # 3 2100 PONCE DELEON BLVD #901 PO BOX 1403 AUSTIN, TX 78746 CORAL GABLES, FL 33134 VAIL, CO 81658 FLYNN MICHAEL T FORD NOLA M TRUST 11/13/1998 FORT FAMILY 11 LLC 509 VIRGINIA DARE DR 700 MONARCH ST #203 2900 OAK AVE VIRGINIA BEACH, VA 23451 ASPEN, CO 81611 MIAMI, FL 33133 FRANCIS ROBERT A REV FAM TRUST FORT FAMILY 12 UPPER ASPEN LLC FOX PAUL M & AMY L 50% 210 S GALENA ST #31 570 PARK AVE #MD 0201 HEATHER LN ASPEN, CO 81611 NEW YORK, NY 10065 ASPEN, CO 81611 FREEDMAN MICHAEL W & NANCI FREIRICH MARK A FRIEDKIN THOMAS H & SUSAN J 32460 EVERGREEN RD PO BOX 774056 PO BOX 1116 BEVERLY HILLS, MI 48025 STEAMBOAT SPRINGS, CO 80477 RANCHO SANTA FE, CA 95067 FRIEDMAN KARL FRONSDAL ARNE FUN HOUSE PROPERTIES LLC 10 CHERRY HILLS DR PO BOX 2709 200 E LONG LAKE RD STE300 ENGLEWOOD, CO 80113 ASPEN, CO 81612 BLOOMFIELD HILLS, MI 48304 GA RESORT CONDO ASSOC FUREY JAMES H G A RESORT CONDO ASSOC INC C/O VIC GIANNELLI 19 LOCHMOOR LN 1000 S MILL ST 415 E DEAN ST NEWPORT BEACH, CA 926605214 ASPEN, CO 81611 ASPEN, CO 81611-3800 GALENA STREET LLC GERBER ANDREW GETTEL JAMES C 4849 GREENVILLE AVE #1600 465 N MILL ST 15-102 30 LIGHTHOUSE PT DR DALLAS, TX 75206 ASPEN, CO 81611 LONGBOAT KEY, FL 34228 GLOBAL FAMILY AFFAIRS LLC GM & MJ PROPERTIES LLC GOERES NANCY E REVOCABLE TRUST 1755 S NAPERVILLE RD #200 1900 MYRTLE ISLAND DR 826 SAVANNAH AVE WHEATON, IL 60189 LAS VEGAS, NV 89117 PITTSBURGH, PA 15221 GOLAY FRANK H JR & INGA M GOLDSMITH ADAM D GOOCH WILLIAM A C/O SULLIVAN & CROMWELL LLP SMITH RONA K 509 VIRGINIA DARE DR 1888 CENTURY PARK EAST #2100 PO BOX 9069 VIRGINIA BEACH, VA 23451 LOS ANGELES, CA 90007 ASPEN, CO 81612 GOODMAN MARK GORSUCH COOPER LLC GRAND ASPEN LODGING LLC 700 MONARCH ST #103 263 E GORE CREEK DR PO BOX S ASPEN, CO 81611 VAIL, CO 81657 ASPEN, CO 81612-7420 lAi , ttiquettes faciles & peler 1 Sens de Repliez & la hachure afin de 1 www.avery.com Utilisez le gabarit AVERYÂ® 5160Â® ,1 chargement r@v6ler le rebord Pop-uPTM ; 1-800-GO-AVERY 1 Easy PeelÂ® Labels i A I Bend along line to i ,Use AveryÂ® Template 5160Â® Paper expose Pop-up Edgeâ„¢ ~ ~ AVERYÂ® 5160Â® 9 A GRAY W CALVIN JR & CONSTANCE M GRUMBACHER MATTHEW R GSS MONARCH LLC PO BOX 140 15575 FRYING PAN RD PO BOX 3377 CENTREVILLE, MD 21617-0140 BASALT, CO 81621 BASALT, CO 81621 HALL THOMAS L PERS INCOME & ASSET H2 ASPEN LLC HANSEN BRUCE G TRUST 501 ALLIS RANCH RD 2020 S ONEIDA ST #210 15145 PAWNEE CIRCLE SEDALIA, CO 80135 DENVER, CO 80224 LEAWOOD, KS 66224 HANSEN JULIA S 2012 TRUST FBO CC HAZELL LOUISE ANNE HATCHER HUGH S HANSEN 6 BANCROFT AVE 205 E DURANT AVE APT 2E 255 SEASPRAY AVE ROSEVILLE NSW 2069 ASPEN, CO 81611 PALM BEACH, FL 33480 AUSTRALIA, HILL EUGENE D B 111 & JOAN L TRUST HEARST BARBARA BIRCH REV TRUST HIBBERD LORNA W FAMILY TRUST 10% 131 TREASURE HILLRD 310 PLUM ST 3310 KINGSLEY CT SOUTH KENT, CT 06785 W BARNSTABLE, MA 02668 MONTEREY, CA 93953 HILLMAN RICHARD HAYES TRUST HOLLY TREE INVESTMENTS LLC HOROWITZ REV LIVING TRUST 99.9% 13564 D ESTE DR 4823 HOLLY TREE DR PO BOX 5620 PACIFIC PALISADES, CA 902722718 DALLAS, TX 75287 NEWPORT BEACH, CA 92662 HUDSON KAREN DAY HYATT GRAND ASPEN IANJAY LLC 409 E COOPER AVE 415 E DEAN ST 211 E 70TH ST #176 ASPEN, CO 81611 ASPEN, CO 81611 NEW YORK, NY 10021 IMESON PATRICK ICAHN LIBA IMMO SASSAFRAS INC BARRENA VICTORIA PO BOX 11137 3290 NORTHSIDE PKWY NW#225 1610 WYNKOOP ST #400 ASPEN, CO 81612-9627 ATLANTA, GA 30327 DENVER, CO 802021137 IRVINE JOHN ALASTAIR JACOB P & FLAVIN P REV TRUST JAMES FAMILY TRUST CP 2097 140 RUA ALVA 542 11TH ST #4-R 1 CASTLEWOOD CT PARQUE ATLANTICO QUINTA DO LAGO BROOKLYN, NY 11215 NASHVILLE, TN 37215-4617 ALMANCIL 8135-024 PORTUGAL, JLB PECAN ANTONIO INVEST LLC JBMARSHIILLC JLH TRUST 11/17/2012 45% C/O BARSHOP VENTURES 2677 S TAMIAMI TRAIL 417 MONTGOMERY ST 3RD FL 900 ISOM RD #300 SARASOTA, FL 34239 SAN FRANCISCO, CA 94104 SAN ANTONIO, TX 78216 KAMINS GARY & LUCIA KAPLAN BARBARA KAY JENNIFER HARRIS 1415 VIA CRESTA 3076 EDGEWOOD RD 504 N PARKWAY PACIFIC PALISADES, CA 90272 PEPPER PIKE, OH 44124 GOLDEN BEACH, FL 33160 1 A I ttiquettes faciles A peler Repliez & la hachure afin de t www. avery. com Sens de Utilisez le gabarit AVERYÂ® 5160Â® chargement ravaler le rebord POP-upT. 3 1-800-GO-AVERY 1 Easy PeelÂ® Labels i A I 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RD 5340 CORAL AVE NEWPORT COAST, CA 92657 BOULDER, CO 80302 CAPE CORAL, FL 339045954 1 A ttiquettes faciles A peler | Sens de Repliez & la hachure afin de ~ www.avery.com Utilisez le gabarit AVERYÂ® 5160Â® chargement ravaler le rebord Pop-UpTM J 1-800-GO-AVERY 1 Easy PeelÂ® Labels i A I Bend along line to | Use AveryÂ® Template 5160Â® Paper expose Pop-up Edgeâ„¢ ~ ~ AVERYÂ® 5160Â® Â£ A PRENTICE GWYN A RAMIREZ JORGE RAMPAL LLC 2001 SHAWNEE MISSION PKY 130 CREEK DR 1630 WOODS DR SHAWNEE MISSION, KS 66205 APTOS, CA 95003 WEST HOLLYWOOD, CA 90069 REARDON DIANA RESTAINO-BECKER TRUST 7/27/2007 RHOADES CHRISTINE ANN LYON L T PO BOX XX 72 ALDER AVE 644 GRIFFITH WAY ASPEN, CO 816127443 SAN ANSELMO, CA 94960 LAGUNA BEACH, CA 92651 RIDOUT WAYNE E REV TRUST RHS ASPEN INVESTMENTS LLC RIVERSTONE 2 LLC RIDOUT ROBBYE L REV TRUST 2626 E ARIZONA BILTMORE CIR #33 132 MIDLAND AVE #4 42 COUNTRY CLUB CIR PHOENIX, AZ 85016 BASALT, CO 81621 SEARCY, AR 72143 ROANOKE INVESTORS LP RLC ASPEN LLC ROARING FORK MTN LODGE ASPEN LLC 109 CLUB CREEK CT 12500 PARK POTOMAC AVE #207N PO BOX 1358 PO BOX 17 POTOMAC, MD 20854 ASPEN, CO 81612 ST ALBANS, MO 63073 ROSENFELD EUGENE S & MAXINE M ROBERT FAMILY TRUST ROTMAN KENNETH B TRST 771 FERST DR 22 ST CLAIR AVE EAST #1700 10601 WILSHIRE BLVD #20 EAST ATLANTA, GA 30332-0245 TORONTO ONTARIO CANADA M4T 2S3, LOS ANGELES, CA 90024 RUNAMOK LLC RUPERT INVESTMENTS LP RUTKOWSKI AMY 1647 E MAPLEWOOD AVE 150 N MARKET 922 S MILL ST #4D CENTENNIAL, CO 80121 WICHITA, KS 67202 ASPEN, CO 81611 S C JOHNSON AND SON INC SABARESE WILLIAM F SAND & SNOW INVESTMENTS LLC TAX DEPT 412 0023 HOLLAND HILLS RD 2519 N MCMULLAN BOOTH RD #510-307 1525 HOWE ST BASALT, CO 81621 CLEARWATER, FL 33761-4173 RACINE, WI 53403 SANS SOUCI ASPEN LLC SASSAFRASIMMOINC SCHAINUCK LEWIS I & MICHELLE T 10463 LA REINA RD 3290 NORTHSIDE PK\NY NW#225 3235 HARBOR VIEW DR DEL RAY BEACH, FL 33446 ATLANTA, GA 30327 SAN DIEGO, CA 921062917 SCHAYER CHARLES M 111 SCHERER ROBERT P TRUST SCHIFFMAN ROBIN 2601 S QUEBEC ST#17 239 GILBERT ST 700 MONARCH ST #103 DENVER, CO 80231 ASPEN, CO 81611 ASPEN, CO 81611 SCOTT OSWALD VIRGIL JR SHAPIRO DONALD & RANDIE SHEFFER DOUGLAS & BARBARA 500 N CAPITAL OF TEXAS HWY BLDG 4- 1221 W MONTANA ST PO BOX 2763 100 CHICAGO, IL 60614 BASALT, CO 81621 AUSTIN, TX 78746 1. 1 1 ttiquettes faciles A peler Sens de Repliez & la hachure afin de ~ www.avery.com Utilisez le gabarit AVERYÂ® 5160Â® chargement ruvdler le rebord Pop-upâ„¢ J 1-800-GO-AVERY 1 Easy PeelÂ® Labels i A Bend along line to i Use AveryÂ® Template 5160Â® ; Paper expose Pop-up EdgeTM ~ ~ AVERYÂ® 5160Â® ~ A SILVER SHADOW AKA 651 MONARCH SHINE FAMILY LLC SILVERMAN MARC A & MARILYN L CONDO ASSOC 8677 LOGO 7 COURT 937 DALE RD 651 MONARCH INDIANAPOLIS, IN 46219-1430 MEADOWBROOK, PA 19046 ASPEN, CO 81611 SIMMONS SARAH ELIZABETH SIMON HERBERT REV TRUST SIMPSON JANET MARIE 9015 KEITH AVE 8765 PINE RIDGE DR 233 E COOPER AVE #205 WEST HOLLYWOOD, CA 90069 INDIANAPOLIS, IN 46260-1778 ASPEN, CO 81611 SMITH CARLETON K SISO LLC SLY ROBERT STANLEY CO MCVICKER JULIET 320 MARTIN ST #100 PO BOX 5093 PO BOX 567 BIRMINGHAM, MI 48009 LYNEHAM ACT 2602 AUSTRALIA, MIDDLEBURY, VT 05753 SMITH FRANK FORD JR & KATHARINE SMITH FREDERICK P SOL HOLDINGS LLC LINDSAY 5454 WISCONSIN AVE #1300 5 LINDLEY DR 2506 STRATFORD DR CHEVY CHASE, MD 208156908 LARCHMONT, NY 10538 AUSTIN, TX 78746 SOLOMON GARY GRANDCHILDRENS SOUTH POINT CONDO ASSOC SOUTH POINT CONDO LLC TRUST 205 E DURANT AVE #2F 150 N MARKET 3139 N LINCOLN AVE #212 ASPEN, CO 81611 WICHITA, KS 67202 CHICAGO, IL 60657 SPAULDING RICHARD W & THOMPSON SOUTHPOINT-SUMNER CORP SPACCARELLISELMAI ELEANOR M 3940 7TH AVE #212 300 S POINTE DR #2403 200 WHEELER RD FL 2 SAN DIEGO, CA 92103 MIAMI BEACH, FL 33139 BURLINGTON, MA 018035501 STANTON JAMES STARK RENEE A STRAWBRIDGE R STEWART C/O WORLD-WIDE HOLDINGS CORP 2295 S OCEAN BLVD #307 515 SHARITZ RD 950 THIRD AVE 18TH FL PALM BEACH, CO 33480 COATESVILLE, PA 19320 NEW YORK, NY 10022 SUMMIT PLACE CONDOS STUART FAMILY TRUST STUDIOTME LLC C/O PETER S HEARST 1 CASTLEWOOD CT 10003 E MILLIRON RD 747 S GALENA ST NASHVILLE, TN 37215-4617 CHEYENNE, WY 82009 ASPEN, CO 81611 TALLICHET FAMILY ASPEN LLC TARBY THOMAS N REV TRUST TELEMARK APARTMENT 2 LLC 24 RUE GRAND VALLEE 18417 PELLETT DR 4950 E PRESERVE LANE NEWPORT BEACH, CA 92660 FENTON, MI 48430 GREEENWOOD VILLAGE, CO 80121 TELEMARKASPEN LLC TEXAS ROYALTY CORP TOP OF MILL INVESTMENTS LLC 55 SECOND ST 500 N CAPITAL OF TX HWY #4-200 3245 ELLA LEE LN COLORADO SPRINGS, CO 80906 AUSTIN, TX 78746 HOUSTON, TX 77019 lA 1 1 ttiquettes faciles A peler Repliez & la hachure afin de I www.avery.com ~ Sens de Utilisez le gabarit AVERYÂ® 5160Â® chargement ravaler le rebord Pop-upâ„¢ J 1-800-GO-AVERY ABBAV-09-008-L f rudn-dod PJOCIa, 31 Jal,A#J wauladelp f Â®0915 Â®A~AV Wecle[3 al zes!1!;n ap sues I , LUO)*013Ae'MAAM , u!.le ein4)24 el ? ze!.idekl feled ? salpe, seuenbng TOP OF MILL INVESTORS LLC TOP OF MILL LLC TOP OF MILL TH HOA PO BOX S 211 NORTH STADIUM #201 1000 S MILL ST ASPEN, CO 81612-7420 COLUMBIA, MO 65203 ASPEN, CO 81611-3800 TOWNE PLACE OF ASPEN CONDO TRIPP PAUL TYLER SANDRA SCOTT TRUST ASSOCINC PO BOX 326 2190 ALISOS DR C/O ASPEN LODGING COMPANY THREE FORKS, MT 59752 SANTA BARBARA, CA 93108 747 S GALENA ST ASPEN, CO 81611 VANSTONE NATALIE ANNE & SIMON UNIFIEDCREDITTRUST VALLEY INVESTMENTS LLC BRUCE 300 S POINTE DR #2403 602 E COOPER #202 604 W MAIN ST MIAMI BEACH, FL 33139 ASPEN, CO 81611 ASPEN, CO 81611 VANTONGEREN HAROLD V & LIDIA M VELMAR A COLORADO CORP VORTEX INVESTMENTS LLC 50% 2000 E 12TH AVE BOX 8 400 E MAIN ST 3336 EAST 32ND ST #217 DENVER, CO 80206 ASPEN, CO 81611 TULSA, OK 74135 WACHTMEISTER ERIK C R WALDE WILLIAM L WARGASKI ROBERT E TRUST 6248 WHITEHALL FARM LN PO BOX 719 30353 N DOWELL RD WARRENTON, VA 201877247 GLEN ECHO, MD 20812-0719 MCHENRY, IL 60050 WASERSTEIN ALAN I & TRACI WEINGLASS GABRIELE PEPPER TRUST WEISS AUSTIN R & REBECCA L 6555 ALLISON RD PO BOX 7816 922 S MILL ST #1 (A) MIAMI BEACH, FL 33141 ASPEN, CO 81612 ASPEN, CO 81611 WHEELER CONNIE CHRISTINE WELLS RICH WERNER STEFANIA P TRUST BRISTOL MEDICAL BUILDING PO BOX 4867 212 LINDEN AVE 305 E 55TH ST #202 ASPEN, CO 81612 ST LOUIS, MO 63105 NEW YORK, NY 10022-4148 WILSON CHARLES J WISEMAN ROBERT TENNANT WOLOFSKY MOIRA 2572 NE MILDRED ST 449 MOUNTAIN LAUREL DR #2 PO BOX 1026 JENSEN BEACH, FL 349575926 ASPEN, CO 81611 PALM BEACH, FL 33480 WOLPERT BILL H & WOLPERT JUDE WOODSON TATJANA REV TRUST VWVSP3G LLC 2280 KOHLER DR PO BOX 1845 PO BOX 4290 BOULDER, CO 80305 WILSON, V\A' 83014 ASPEN, CO 81612 ZEFF CAPITAL LP ZUCKER HOWARD B 555 E DURANT AVE 303 E 17TH AVE #340 ASPEN, CO 81611 DENVER, CO 802031255 T r Â®09~ ale'dulal Â®Alew asn ~ wi@Bpl dn-dod esodxe Jaded peed 1 ~ Â®09L5 Â®ANBAV ~ : 01 00!l 6uole pues v siege-1 Â®lead Aseg + PUBLIC NOTICE *8Â»0 Date: Monday, June 9,2014 ..1 ..4 Time: 5:00 PM .5,3 . + 1 2+ .+ .* ..a ...V.4 . J . 1-'"mid -1.ir' . . 1 -3;,Â¢40 1 , I.. . I .. d LI Place: Council Chambers .:7 City Ha-Il, 130 S. Galena St kli{ _ - . .. h.. I ... .*Ry<tÂ·vÂ·.:-:*22*.13 .' I . I :Â·'*91'Kt V.*):~ : C) 41.. 1. < : Purpose: - ...96'.:fi--a.85-9.Wgiall=- I I. *.: :Â·:i.tw*- 24 Applicant (St. Regis Hotel, 315 E. i. Â· A..6 ..il 3 'hy/Jil, I *1/42 *3*~3..1 .Â· A- fl" .- Â¢4 Â· T,~Â·{ 31.* .f.:15*Bit :Â·ff-Â«*I Dean St., Aspen, CO 81611) I till â€¢ " .- ~'** I Jit.41 Â·4*e.V:"7 . I. - . 4 ... I .. . .t I. ; requests a Minor Amendment to their .. .. . . 9. I .. ... .... I .. -+ I - -V .,2 + 2 $ Â·r . I. . 2. . ' i Planned Development to amend a 44 1/9 .7 + . f . . ..4 .. t 1 condition pertaining to allowable uses .. .4 4 * Â· il:_211*:-Â·t . -Â·-Â·Â·Â·--Â· . c. 4. .:~22~.iAN + - *:z within the retail spaces for this . I y ...el + + .,t b . ' 0 * i *423'. t . U property. For further information * * . . I 9 .C, .:9110:110* Â· t, contact Aspen Planning Dept. at . .. : -1, + + Â£ I 1 970-429-2797. .. le' . I . . ... 4 *" 4 0 .. AtÂ«t :â€¢ - . I ...%. .. ALAN RICHMAN PLANNING SERVICES, INC. P.O. BOX 3613 ASPEN, COLORADO 81612 970-920-1125 April 16, 2014 Mr. Justin Barker, Planner City of Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 RE: SUPPLEMENT TO ST. REGIS HOTEL PUD AMENDMENT REGARDING ACCESSORY AND CONDITIONAL RETAIL USES Dear Justin, On March 12, 2014 I submitted an application for a PUD Amendment on behalf of the St. Regis Hotel. The purpose of that amendment is to revise the language of the PUD Agreement for the property, to allow those retail uses which are listed today as conditional uses in the Lodge zone district to be conditional uses for the St. Regis Hotel. Since the application was submitted, staff has been reviewing our request and preparing its staff report to City Council on this application. As part of that review, you have asked that we provide a response to the recently-adopted review standards for "use variations" in the PUD section of the Land Use Code. You explained to me that while staff recognizes that the application does not require a variation from the uses allowed in the underlying zone district for this property, the application does request a use-based amendment to the PUD. Therefore, you have stated to me that it would be helpful to staff and City Council if we responded to these standards, particularly since the general standards for PUD Amendments provide so little guidance to the reviewer of this particular application. We are hereby providing these responses, with the stipulation that by doing so the applicant is NOT conceding that this application represents a request for a use variation. This application does not require a use variation since the applicant's request is to allow retail uses as a conditional use at the St. Regis. Retail uses have been listed as a conditional use in the Lodge zone district since 2005. Therefore, the purpose of these responses is solely to provide additional information to staff and City Council as they review and, we hope, approve this application for a PUD Amendment. The applicant's responses to the review standards follow below. RECEWED APR 1 6 2014 CITY OF ASPEN COMMUNITY DEVELOPMENT Mr. Justin Barker April 16,2014 Page Two Response to Standards for Use Variations Section 26,445.060 of the Code authorizes an applicant for a PUD to request variations in the allowed uses permitted in the zone district. It states that "The permitted and conditional uses allowed on the property shall be used as a guide, but not an absolute limitation, to the land uses which may be considered during the review". It requires the following standards to be considered when granting a use variation: A. The proposed use variation is compatible with the character of existing and planned land uses in the project and surrounding area. In meeting this standard, consideration shall be given to the existence of similar uses in the immediate vicinity, as well as how the proposed uses may enhance the project or immediate vicinity. Response: Section 17 of the original PUD Agreement, which is attached as Exhibit #7 to our original application, provides a list of :'accessory retail uses" that are permitted in the St. Regis Hotel. The list includes a range of retail uses that commonly occur in full service hotels in resort communities and larger cities throughout the country. The list includes uses such as gift shop, sundry shop, souvenir shop, florist shop, beauty shop, ski rental and repair store, sports activity center and car rental desk. This list represented an effort by the City and the applicant in the 1980's to permit certain retail uses to occupy the small commercial spaces that were planned to be developed as part of the hotel. This list was necessary because at the time the underlying zoning of the property was Lodge Two (L-2). That zone did not list any retail uses as allowed or conditional uses (although it did list restaurant as a conditional use). In 2005 the City adopted amendments to what was then known as the Lodge/Tourist Residential Zone (L/TR), changing its name back to the Lodge (L) zone district. Among those amendments, "Retail and restaurant" was listed as a conditional use in this district. When it made retail and restaurant a conditional use in this zone, the City was making a finding that this use may be compatible with the character of the Lodge district, but that a case-by-case review by P&Z of any proposal to establish this use in this zone was needed before the use could actually be established. The applicant believes that amending the PUD Agreement in the manner proposed would be compatible with the character of the Hotel and the surrounding neighborhood. Retail uses have operated in the Hotel since its construction. Today the retail uses on site include Aspen Sports (located along Durant Avenue), a gift/sundry shop and a sports activity center (fishing and similar activities), the latter two of which are located within the lobby of the Hotel. There is a second retail space along Durant Avenue that has been empty for some time. This retail space is directly across from Wagner Park, in a prominent area of tourist activity. Having an empty storefront in this location limits the vitality of this area and is not of benefit to the Hotel, the City or the neighborhood. Mr. Justin Barker April 16, 2014 Page Three The proposed amendment to the PUD Agreement would provide better options for keeping the Hotel's commercial spaces filled with retail uses by allowing those spaces to be occupied by a wider range of uses than is presently allowed by the PUD Agreement. If a new retail use is proposed that it is on the accessory retail use list, it would be allowed by right. If the proposed new use were not on the list it would be subject to conditional use review. This will ensure that only uses which are compatible with the character of the Hotel and the neighborhood are allowed to locate in the Hotel. Having retail uses in the Hotel provides a service to Hotel guests and other Aspen visitors, generating tax revenue for the City and creating a more lively environment in the center of Aspen's tourist district. B. The proposed use variation is effectively incorporated into the projecfs overall mix of uses. In meeting this standard, consideration shall be given to how the proposed uses within a project will interact and support one another. Response: There are only a very limited number of spaces dedicated to commercial use within the Hotel. As explained above, there are two small spaces within the Hotel lobby that offer traditional accessory commercial services for Hotel guests. These small shops generally do not attract customers from outside of the Hotel and fit within the definition of accessory retail uses. For this reason, the applicant wants to retain the language in the PUD Agreement that allows such uses by right, since accessory retail uses do not cause additional impacts on the neighborhood and offer an essential service to Hotel guests. The two commercial spaces along Durant Avenue have a somewhat different character than the spaces within the Hotel lobby. Their entry doors front on Durant Avenue and the shops are visible from outside the Hotel. So while the shops clearly provide a service to Hotel guests, they can also attract customers who pass by along Durant and see these shops. We would anticipate that the proposed PUD Amendment would have the greatest benefit for these spaces. The amendment will allow the spaces to be occupied by other retail uses (for example, a jewelry shop or a clothing store) that would clearly provide a service to Hotel guests and compliment the mix of uses already present in the Hotel, which already includes not only the retail uses listed above, but also restaurants and a spa. These new retail uses would also compliment the uses in the surrounding area, which includes hotels, restaurants, the Ice Rink and the nearby shops along Durant Avenue. C. The location, size, design, and operating characteristics of the proposed use variation minimize adverse effects on the neighborhood and surrounding properties. Response: As noted above, the spaces within the Hotel lobby are small and hidden from public view, making them best suited for uses that serve primarily Hotel guests. The spaces along Durant Avenue more naturally can attract some customers from the general tourist population, although these spaces are also expected to serve Hotel guests, creating minimal impacts on the neighborhood. Mr. Justin Barker April 16, 2014 Page Four It is also important to note that since any new retail use proposed for the Hotel will require conditional use review, the City and neighbors will have the opportunity to review each such proposal and to impose appropriate conditions to ensure the use minimizes its impacts on the neighborhood and surrounding properties. D. The proposed use variation complies with applicable adopted regulatory plans. Response: When the City amended the underlying zone district in 2005, the adopting Ordinance found that the amendments, including the proposal to allow retail and restaurant uses as conditional uses in the Lodge zone district, complied with the Aspen Area Community Plan. Therefore, allowing these uses as conditional uses at the St. Regis Hotel, which is located in the Lodge zone district, is similarly in compliance with the AACP. Conclusion The above responses provide the supplemental information you have requested to process this application. These responses demonstrate that the application complies with all applicable provisions of the Aspen Land Use Code. Please do not hesitate to contact me if you need anything else during the review process. Very truly yours, ALAN RICHMAN PLANNING SERVICES, INC. A 22 Alan Richman, AICP COMMUNITY DEVELOPMENT DEPARTMENT .. Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed bv the property owner or Attorney representing the property owner. Name: 315 East Dean Associates, Inc Property Owner ("1"): Email: joelhocknell@gmail com Phone No. 970948 9354 Address of 315 East Dean St., Aspen, CO81611 Property: (subject of application) I certify as follows: (pick one) U This property is not subject to a homeowners association or other form of private covenant. E This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. E This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. Evidence of approval is attached. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. 1 understand that this document is a public document. LJFL-1/ Owner signature: date March 28, 2014 Owner printed name: Dr. Tanasak Wahawisan RECEIVED or, ME /3 1 7014 Attorney signature: date: CITY OF ASPEN COMMUNITY DEVELOPMENT Attorney printed name: October, 2013 City of Aspen I 130 S. Galena St. 1 (970) 920-5090 315 East Dean Associates, Inc 150 East 580' Street, 22"Floor, New York New York 10155 Tel: 212-755-3333 March 24, 2014 Mr. Justin Barker, Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: LETTER OF AUTHORIZATION FOR LAND USE APPLICATION FOR 315 EAST DEAN STREET Dear Mr. Barker, I am the owner of the Hotel Unit and Commercial Unit located at 315 East Dean Street in Aspen, commonly known as the St. Regis Aspen Resort. I hereby authorize Alan Richman Planning Services, Inc. and Mr. Joel Hocknell, Director of Development Services, to submit a land use application to amend the PUD for the subject property. Mr. Richman and Mr. Hocknell are authorized to submit said application on my behalf and to represent me in meetings with City of Aspen staff and the City's review bodies concerning said application. Should you have any need to contad me during the course of your review of this application please do so through Mr. Richman or Mr. Hoc:knell. Sincerely, RECEIVED MAR 2 5 2014 Dr. Tanasak Wahawisan President CITY OF ASPEN 315 East Dean Associates, Inc. COMMUNITI' DEVELOPMENT 315 East Dean Street, Aspen CO 81611 970-948-9354 RECEIVED f 8 7 0 14 CITY OF ASPEN 1OMMUNITY DEVELOPMENT ASPEN OFFICE Victorian Square GARFIELD & HECHT, RC. 601 East 1-lyman Avenue Aspen. Colorado 81611 ATTORNEYS AT LAW Telephone (970) 925-1936 Facsimile (970) 925-3008 Since 1975 www. garfieldhecht.com March 20,2014 VIA EMAIL Chris LaCroix 315 East Dean Associates, Ine. Aspen Office c/o St. Regis Aspen Resort clacroixtiogarfieldhecht.com 315 East Dean Street Aspen, Colorado, 81611 Attn. Mr. Joel Hocknell, Director of Project Development 1(Inall: ioelhocknell@gmail.coin RE: OWNERSHIP OF ST. REGIS ASPEN Dear Mr. liocknell: Alan Richman asked me to write to you because I understalid that you need a letter from a Colorado lawyer to confirm ownership of certain real property in Pitkin County, Colorado known as the "St. Regis Aspen' which is located at 315 East Dean Street in Aspen, Colorado 81611. Please accept this letter to confirm that according my research of the real estate records of Pitkin County. Colorado. 3 15 East Dean Associates. Inc., a Delaware corporation. is the owner of the real property described as follows: I lotel Unit and Commercial Unit Aspen Residence Club and Hotel Condominium Map According to the Plat recorded January 21,2005 in Plat Book 71 at Page 86 as Reception No., 506237 and as defined and described iii the Declaration and Plan of Club Ownership for Aspen Residence Club atid Hotel Condominium recorded January 21, 2005 as Reception No. 506236. County of Pitkin. State of Colorado. Please contact me with any questions. Sincerely. C. GARIfirlf & HECHT. P.C. i 9 -4 Bv: 1 /1 : 1 4...0 f Chris LaCÂ¥6ix g Copy via email to: Sinion I I. Prisk. Esq. RECEIVED Alan Richman MAR 2 0 2014 CITY OF ASPEN COMMUNITY DEVELOPMENT Â® Printed on recycled Paper Aspen â€¢ Avon Â· Basalt Â· Glenwood Springs Â· Rifle Jennifer Phelan From: Jennifer Phelan Sent: Wednesday, March 19,2014 2:46 PM To: 'Alan Richman' Subject: St. Regis Application Attachments: HOA Policy LAND USE.docx Hi Alan: I looked over the St Regis application and need some additional information due to some changes to the land use code. 1) The ownership disclosure letter from Chris Lacroix should be updated as we do not accept letters older than 6 months from the submission date. 2) An application can be submitted by "a person or persons who represents they have legal authority to affect title to the property subject to the development application." So we will need verification that Mr. Hocknell has proper authority to issue a letter of authorization. 3) The hotel is part of a condominium form of ownership and the attached affidavit should be completed and submitted back to the city. Otherwise, the application looks fine. Justin will be the case planner. You asked to have first reading on 4/28 and second reading 6/9. That will work but Chris or I will cover first reading for Justin since he will be at the national conference. Just get the three items to us prior to first reading, preferably by 4/7. Thanks, Jen Jennifer Phelan, AICP Deputy Planning Director Community Development Department City of Aspen 130 S. Galena St. Aspen, CO 81611 970-429-2759 www.aspenpitkin.com Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. 1 LAND USE APPLICATION APPLICANT: Name: 64 Â·44, Lit\ Location: 3LT i. Q.uu 5 kupl , Ar 24- 906 U (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 1131 .2 19 5 0."b REPRESENTATIVE: Name: Ar i A. 2.- u\---4.- fLÂ·-c~ 5(-4 1 â‚¬*1 Address: b L.x Jun Agre. 9,6.1 Phone #: Q.1-0 41/0 in,5 PROJECT: Name: 5-4 . 4-U 4-4-6\ gv 0 A-Â£.0 -t-3 Address: 3.9 â‚¬. 4.-4 fLJ Â·Aâ€¢it.e- S,&,I Phone #: 410- q.4.9-41'f LI TYPE oF APPLICATION: (please check all that apply): 8 Conditional Use El Conceptual PUD U Conceptual Historic Devt. D Special Review 52 Final PUD (& P-UD Amendme~1 U Final Historic Development E Design Review Appeal U Conceptual SPA D Minor Historic Devt. D GMQS Allotment E Final SPA (& SPA Amendment) El Historic Demolition El GMQS Exemption U Subdivision U Historic Designation D ESA - 8040 Greenline, Stream U Subdivision Exemption (includes j Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane 2 Lot Split D Temporary Use U Other: E Lot Line Adjustment El Text/Map Amendment EXISTING CONDITIONS: (description ofexisting buildings, uses, previous appr als SÂ«- 4nal Law 1132 tv ED '0 - ) 0 4 'la PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) CITY OF ASPEN Â«L â€¢4.11 UAL JOMMUNITY 00 'n OPURNI Have you attached the following? FEES DUE: $ 13-50 Â® Pre-Application Conference Summary [3Â· Attachment # 1, Signed Fee Agreement E] Response to Attachment #3, Dimensional Requirements Form A \A 23 Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards FNAm MÂ· 0018. 2-0 14. A-,5 L-Â· u Rot w 366 (8 ClierÂ«.B q 3 OR - 0.5-le{ ,-1 2 COMMUNITY DEVELOPMENT DEPARTMENT Ivl Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Property 315 East Dean Street Associates Phone No. 970-948-9354 Owner ("1') Email: joelhocknell@gmail.com Address of 315 East Dean Street Address: Billing same as mailing address Property: Aspen, CO 81611 (subject of (send bills here) application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. 0 0 Select Dept $ flat fee for Select Dept . $ flat fee for 0 $ flat fee for Select Dept 0 Select Review $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. 1 understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment, I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approj// v le,irlf ectual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the' Mi~Lr@Mbllf-sJ 110 City for the processing of my application at the hourly rates hereinafter stated. $4,550 14 MAN 1 3 201& deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. CITY OF ASPEN $0 0 deposit for hours of Engineering Department staff ti~~'J~Or(*4149'*EN* the deposit amount will be billed at $265 per hour. Cityof Aspen: Prope *RA. AF 4 Chris Bendon Community Development Director Nark<i6el Ho6411 Title: Director of Development Services City Use: 4550 Fees Due: $ Received: $ January, 2013 City of Aspen I 130 S. Galena St. I (970) 920-5090 GR ALAN RICHMAN PLANNING SERVICES, INC. P.O. BOX 3613 ASPEN, COLORADO 81612 970-920-1125 March 12, 2014 Mr. Justin Barker, Planner City of Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 RE: ST. REGIS HOTEL PUD AMENDMENT REGARDING ACCESSORY AND CONDITIONAL RETAIL USES Dear Justin, This is an application to amend the Planned Unit Development (PUD) that applies to Lot 1 of the Aspen Mountain PUD/Subdivision, on which the St. Regis Hotel is located. The property's street address is 315 East Dean Street and its Parcel ID # is 273718285033. The purpose of the PUD amendment is revise the language of Section 17 of the 1988 PUD Agreement for the property, which addresses the accessory retail uses that are permitted within the Hotel. A vicinity map showing the location of the subject property is attached to this application letter. The St. Regis Hotel is owned by 315 E. Dean Street Associates, Inc. (hereinafter, "the applicant"). Proof of the ownership of the subject property is provided in the form of a letter from Mr. Chris LaCroix, an attorney licensed to practice in Colorado, certifying as to the ownership of the property (see Exhibit #1). The applicant has designated Alan Richman Planning Services, Inc. as its representative for purposes of this application (see the letter attached hereto Aq Exhibit #2). Several pre-application discussions were held between th 5Â£E#MEAff of the Community Development Department prior to submission of 1 ipplication. A copy of the pre-application form staff provided to the applicant is att d hereto 'as Exhibit #3. According to the form, the applicant has been directed to ref Â¥Cdith?cip'~wing section of the Land Use Code: .Â·IMMUNITY DEVELOPMENT 26.445.100.D: Minor Amendment to a Project Review Approval. I - J., Mr. Justin Barker March 12, 2014 Page Two The following sections of this application are organized to demonstrate how the proposal complies with the applicable review standards of the Aspen Land Use Code. First however, some background information is presented describing the history of the prior land use approvals granted to the property and providing a summary of existing conditions at the hotel. Background Information The St. Regis Hotel (legally described as the Aspen Residence Club and Hotel) is located on Lot 1 of the Aspen Mountain Subdivision/PUD. Lot 1 consists of approximately 3 acres of land (+/- 128,941 sq. ft.) that is centrally located at the base of Aspen Mountain. The property is zoned Lodge and has a PUD overlay applied to it. The Aspen Mountain Subdivision/PUD was originally approved by the City of Aspen in 1985. The PUD/Subdivision Plat documenting this approval is recorded in Plat Book 17 @ Page 99 of the Pitkin County Records. The original PUD Agreement is recorded in Book 500 @ Page 656. The first significant amendment to the PUD/Subdivision was approved by the City Council in 1988. The amended PUD/Subdivision Plat was recorded in Plat Book 21 @ Page 35 and the amended PUD Agreement is recorded in Book 574 @ Page 792. Several other amendments were approved by the City in later years. Construction of the Hotel (originally known as the Ritz Carlton) was completed in 1992. The property changed in ownership in 1998 and the Hotel was re-branded as the St. Regis Hotel. In 2003, the then owner of the property obtained approval for a land use application to convert 98 of the then existing 257 hotel rooms into 25 timeshare units. Approval was also given to modify the 22 approved but at that time un-built hotel rooms in Building C into 20 hotel rooms and to convert a portion of the space on the Ballroom Level into a spa. Approval for these activities was granted pursuant to City Council Ordinance No. 25, Series of 2003 (see Exhibit #4). The amended PUD/Subdivision Plat documenting this approval was recorded in Plat Book 68 @ Page 42 of the Pitkin County records. The Residence Club and Hotel currently consists of 179 hotel rooms (257 - 98 + 20 = 179), along with the 25 timeshare units. The timeshare lodge units are located in their own wing of the hotel. The property also contains a variety of accessory uses, including the conference/meeting space and ballrooms, the spa, several dining areas and bars, including the Chefs Club Restaurant, and four retail spaces. Two of the retail spaces are located inside of the hotel lobby area, these being a gift shop/sundry shop and an outfitter/guide (fishing, etc.) type of activity shop. The other two spaces are in the building along Durant Avenue. One of these spaces is occupied by Aspen Sports while the second space is currently empty. nECEIVED MAR 1 2 2014 CITY OF ASPEN COMMUNITYDEVELOPMENT ral Mr. Justin Barker March 12, 2014 Page Three PUD Amendment The applicant is requesting a single change to the approved PUD for Lot 1 of the Aspen Mountain Subdivision/PUD. The applicant requests that Section #17 of the amended PUD Agreement (see Exhibit #5) for the Hotel be revised. This section reads as follows: "17. The accessory retail uses permitted within the Hotel Phase I shall be limited to the following and similar uses: Sundry shop; Car rental desk; Travel desk; Ski rental and repair store; Ski and sports activity center; Hotel operator souvenir store; Beauty shop; Florist shop; and Gift shop. The four accessory retail spaces depicted in the building on Durant Street shall not be combined to create larger retail spaces." The reason that this section was included within the PUD Agreement is relatively easy to explain. When the Aspen Mountain PUD was originally being processed the underlying zoning of the property was known as the Lodge Two (L-2) zone district. Attached as Exhibit #6 is a list of the permitted uses in the L-2 zone district. You can see that this was a very basic use list, allowing restaurants as a conditional use, with no other commercial uses allowed. Instead, commercial uses were allowed in the Commercial Lodge (CL) zone district. Therefore, as part of the original hotel application, the applicant sought a rezoning of a portion of the project to CL and sought an allocation of commercial square footage for the hotel through the Commercial GMQS. That portion of the application was not well received by the City at that time and was ultimately withdrawn. After the original approval of the hotel in 1985 the project changed hands and a PUD Amendment was processed. An amended PUD was ultimately adopted by the City and a revised PUD Agreement was recorded in Book 574 @ Page 792 of the Pitkin County Records. It is that PUD Agreement that is the subject of this PUD Amendment application. During the time the amended PUD was being processed, the City was engaged in the process of comprehensively revising its zoning and subdivision regthtion*into a unified Land Use Code. That Code was adopted in mid-1988. Attached as Exhibit 87 2446Epy of the permitted and conditional use district for the L/TR zone district from.,that (;ocie. ,Â« 1 4 2014 CITY OF ASPEN COMMIINITY OEVELOPMENT Mr. Justin Barker March 12, 2014 Page Four The L/TR zone district was created when the City merged the L-1 and L-2 zone districts into a new zone district as part of the new unified Land Use Code. You can see that the Code as that time listed the following as a permitted use: 6. "Dining rooms, customary accessory commercial uses, laundry and recreational facilities located on the same site of and for guests of lodge units, boardinghouses, hotels and dwelling units." The purpose of Section 17 of the 1988 PUD Agreement was to provide some specificity as to what the applicant and the City had agreed were the "customary accessory commercial uses" that would be allowed in the retail spaces that were to be included in the Hotel. - Since that time the retail spaces in the Hotel have been limited to these uses only. In 2005 the City adopted substantial amendments to the L/TR zone district and renamed that district the Lodge (L) zone district. Among the changes made, the permitted and conditional use list for the district was changed in a significant manner. Attached as Exhibit #8 is a copy of the current use list for the Lodge zone district. You can see that permitted use #8 refers to "Accessory uses and structures" and specifically allows food service for guests" as an accessory use. No further specificity is provided for this use. However, under conditional uses, the zone district now allows "Retail and restaurant uses" as a conditional use. While restaurant was listed as a conditional use in the L-2 and L/TR zone districts, having retail as a conditional use in the zone district is a change that has only been codified since 2005. Proposed PUD Amendment The St. Regis would like to have the opportunity to occupy its retail spaces with the full range of retail uses, as is now permitted of any other property in the Lodge zone district. They recognize that any new retail use would need to receive conditional use approval to occupy the retail spaces. To accomplish this objective, the applicant proposes to amend Section #17 of the PUD Agreement. The applicant proposes a hybrid approach to this amendment. Since the Code continues to allow accessory uses, the applicant would like to retain the definition from the current agreement as to what are considered to be accessory retail uses, which would continue to be permitted by right in the hotel. Any commercial use not on the list or which is found to not be similar to use on the list would be considered to be a "conditional retail use" that would require conditional use review and approval from the Planning and Zoning Commission before it could occupy a retail space in the Howt-GEIVED Following is the language which the applicant proposes for the replag#ment of Section 17 n I 4 7014 (new language is underlined): CITY OF ASPEN COMMUNflY DEVELOPMENT Mr. Justin Barker March 12, 2014 Page Five "A. The accessory retail uses permitted within the Hotel Phase I shall be limited to the following and similar uses: Sundry shop; Car rental desk; Travel desk; Ski rental and repair store; Ski and sports activity center; Hotel operator souvenir store; Beauty shop; Florist shop; and Gift shop. B. Any retail use that is not on this list or that the City's Community Development Director determines is not similar to anv of the uses on this list shall be considered to be a "conditional retail use". Conditional retail uses shall only be permitted to occupy the retail spaces in the Hotel if they shall first receive conditional use approval from the City of Aspen. C. The two accessory retail spaces located in the building on Durant Street shall not be combined to create larger retail spaces." This proposal adds a new sub-section B to Section 17, to specify how the new retail uses (a/Ida, "conditional retail uses") will be allowed via conditional use review. Please also note that two words are proposed to be amended in Section C., to reflect the fact that for many years there have been two, not four retail spaces in the building on Durant Street. There are at least two reasons that we believe the City should support this amendment. First of all, the purpose of the City's PUD regulations is to provide flexibility to applicants to create projects that are more consistent with public policy objectives than can typically be achieved through standard zoning. In this case, due to the age of the Aspen Mountain PUD (more than 25 years), the use provisions of the Aspen Mountain PUD are not creating any flexibility for the applicant and have instead actually become more restrictive than the underlying zoning. The applicant does not seek any variances or special treatment for this property. Instead the applicant seeks equal treatment in how the 1-/TR zone district use limitations are applied to this property so that the same uses that are permitted to be established at all other properties in the Lodge zone can be established at the St. Regis. Mr. Justin Barker March 12, 2014 Page Six Secondly, this amendment is appropriate because it will give the St. Regis the opportunity to create a bit more vitality in the Lodge zone district. Today a prime commercial space that is located at the corner of Durant and Monarch Streets, right across from Wagner Park, is sitting empty because of the limits placed on the permitted commercial use list for this PUD. This amendment will allow this space to be filled with a retail use, subject to conditional use review to ensure that the propose use is appropriate in this location. Section 26.445.110 of the Land Use Code establishes the procedures and standards for PUD Amendments. It states that amendments to PUD's approved prior to the adoption of Ordinance 36, Series of 2013 shall be processed by having the Community Development Director determine whether the amendment is insubstantial, minor or major. The Director has found that the proposed amendment to the PUD Agreement exceeds the threshold for an "insubstantial amendment" and should be classified as a "minor PUD amendment". Section 26.445.110 D. of the Land Use Code, which governs minor PUD amendments, does not contain its own standards for review of an amendment. It instead refers the applicant to the project review standards that apply to all PUD's (Sec. 26.445.050). Most of these review standards are more applicable to new development than to a minor amendment to a development agreement. Therefore, substantive responses are only provided to those few standards which apply to this proposal. PUD Proiect Review Standards A. Compliance with Adopted Regulatory Plans. Response: This proposal complies with the Aspen Area Community Plan (AACP) by helping to create more vitality and diversity at the base of Aspen Mountain. The City made the decision nearly a decade ago to allow a wide range of retail uses to occur in the Lodge zone district, subject to conditional use review. This proposal will extend that decision to the St. Regis Hotel, one of the most prominent hotels in the Lodge zone district, which has until now been unable to avail itself of the options that are available to all other surrounding properties that are designated Lodge. B. Development Suitability. Response: Primary retail uses will only be able to occupy the retail spaces if they obtain conditional use approval. Conditional use review will ensure that any primary retail uses proposed are suitable in this location. C. Site Planning. OcrgIVED Response: No changes are proposed to the approved site plan for the Hoat.41- MAR 1 2 2014 CITY OF ASPEN COMMIINITY DEVELOPMENT Mr. Justin Barker March 12, 2014 Page Seven D. Dimensions. Response: No changes are proposed to the dimensions established by the approved PUD plan. E. Design Standards. Response: No changes are proposed to the exterior appearance of the Hotel, and there will be no changes to the visual character of the PUD. F. Pedestrian, Bicycle and Transit Facilities. G. Engineering Design Standards. H. Public Infrastructure and Facilities. 1. Access and Circulation. Response: None of the above standards apply to this proposal. Conclusion The above responses and the attached exhibits provide the information the City has requested to process this application. The materials submitted demonstrate that the application complies with the applicable provisions of the Aspen Land Use Code. Please do not hesitate to contact us if you need anything else during the review process. Very truly yours, ALAN RICHMAN PLANNING SERVICES, INC. /4 0 Alan Richman, AICP RECENED 9114 MAK 1 6 .L CITY OF ASPEN COMMUNITY DEVELOPMENT EXHIBITS RECEIVE[) MAR 1 2 2014 CJTY 02 HOPEN COMMUNITY DEVELOPMENT Map oi Aspen, Aspen village streer map - 31. Aegis Aspen Nesort ill.lp.// W W W.bUCglbelbpoll.ll.;111/,13991115(tull*-1.glgillap/ ' Iha-St. Reais Aspen Resort (http iw.stregisaspen.corr~) est Rooms- (http:#www.stregisas~en.com/guest-rooms/) 81 -featured-3) aspe + r -- D I'll A ' 4-_ 40 -7 75177* .. + I 1 2 ... f .2 8 ' 71 AL - I #1 -,1 >r I ... 1 ./ + I 1 lr - I F- .U' . 1 lial Â·Â· 1 f . '#1214. 11 # r. Home (http:#www.stregisaspen.com) / Aspen (http:/twww.stregisaspen.corn/aspen/) / Reservations Getting Here (http://wvm stregisaspen.com/aspen/getting-here/) / Map Check In 06/19/2013 --1 0 Check Out GETTING HERE (HTTP:#WWW STREGISASP~~ ~ 06/20/2013 ~ ~ /ASPEN/GETTING- 4 1 5 1/. --4, HERED e Room(s) Adults Per Room 04. Air Services CO E Main St (http:/Mww.stregisaspe . E Steeker /aspen/getting- Paepcke Park 4 Â® â‚¬44sr Reserve () here/air- E Hopkins Ave Â§ Pkins Ave - 4 services/) - * 4 g ~ ~ ENymenAve 4 E 310 ~ Best Rates Guaranteed. Driving 0 Plus Earn StarpointsÂ® Chttp:/twww.stregisaspe : 1--1.--:--. 40=, ECoo~Ave 4 (hups:#www.starwoodhotels.com /aspen/getting- co 0 "020 Ave 'f /bestrate/index. html) here/driving/) :I - U -gy C . 65 1 . , 40, Map Wagner Park . E E (http:#www. stregisaspe 0% Cooper A ve EDean Ct ~ E Dean St /aspen/getting- juan St T here/maÂ® 0 e â‚¬ E Durant Ave & & f e 0 2 4. $ 2, 4 1 *- 2, 1 1 . Snarks9>' 3 4:1 ? 1 E ..1 y 04, il f; Iii % SVE Z 3/ 8 0'45 .,%,1 , : ryâ‚¬671 \ 1] i ~RS Â©20~~ogle- 3,1 o , - ~ Map data Â©2013 Google- ... 61 . e 4<. 40 Exceptional accommodations notwithstanding, Aspen's unrivaled beauty is itself reason enough to make the journey. NIAK 1 2 72'4 Perched high in the Elk Mountains branch of the Rockies, Aspen and its sister town of CITY OF ASPEN Snowmass Village boast four major ski areas, the highest concentration in all of COMMUNITY DEVELOPMENT Colorado. The St. Regis Aspen Resort is ideally located at the base of Aspen Mountain, in perfect proximity to the area's primary ski lifts as well as walking distance to all of Aspen's shopping, dining and entertainment. The resort is conveniently located just 10 minutes from Aspen Airport, eight minutes from Aspen Golf Course, 12 minutes from Aspen Highlands Ski Area, 10 minutes from 1 of 3 6/19/2013 4:44 PM ASPEN OFFICE Victorian Square GARFIELD & HECHT, RC. 601 East Hyman Avenue Aspen, Colorado 81611 ATTORNEYS AT LAW Telephone (970) 925-1936 Since 1975 Facsimile (970) 925-3008 www.garfieldhecht.com I July 1, 2013 Via Email 315 East Dean Associates, Inc. c/o St. Regis Aspen Resort 315 East Dean Street Aspen, Colorado, 81611 Attn. : Mr. Joel Hocknell, Director of Project Development ; Email: ioelhocknell@gmail.com I Re: Ownership of St. Regis Aspen ' Dear Mr. Hocknell: Simon Prisk asked me to write to you because I understand that you need a letter from a Colorado lawyer to confirm ownership of certain real property in Pitkin County, Colorado known as the "St. Regis Aspen" which is located at 315 East Dean Street in Aspen, Colorado 81611. Please accept this letter to confirm that according my research of the real estate records of Pitkin County, Colorado, 315 East Dean Associates, Inc., a Delaware corporation, is the owner ofthe real property described as follows: i Hotel Unit and Commercial Unit i Aspen Residence Club and Hotel Condominium Map According to the Plat recorded January 21, 2005 in Plat Book 71 at Page 86 as Reception No., 506237 and as defined and described in the Declaration and Plan of Club Ownership ~ for Aspen Residence Club and Hotel Condominium recorded January 21,2005 as Reception No. 506236. County of Pitkin, State of Colorado. Please contact me with any questions. Sincgrely, Garfteld & Hecht, P.C, RECEIVED By: CJ/A---- *AN 1 2 2014 Chris Lacroix CITY OF ASPEN Copy via email to: Simon H. Prisk, Esq. COMMUNITY DEVELOPMENT 978309_1 Â®Printed on recycled paper Aspen â€¢ Avon â€¢ Basalt â€¢ Glenwood Springs â€¢ Rifle EXHIBIT #2 Mr. Chris Bendon, Director City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: LETTER OF AUTHORIZATION FOR LAND USE APPLICATION FOR 315 EAST DEAN STREET Dear Mr. Bendon, 315 E. Dean Street Associates is the owner of the property located at 315 East Dean Street. I am the Director of Development Services for 315 E. Dean Street Associates. I hereby authorize Alan Richman Planning Services, Inc. to submit a land use application for a PUD Amendment (Other) to amend a condition the City previously applied to the use of this property. Mr. Richman is authorized to submit this application on our behalf and to represent us in meetings with City of Aspen staff and the City's review bodies. Should you have any need to contact us during the course of your review of this application please do so through Alan Richman Planning Services or you may also contact me directly at the address or phone number listed below Sincer*n - I 316*0. Dean Street Associates Joel Hocknell, Director of Development Services 315 East Dean Street Aspen, CO 81611 970-948-9354 RECEIVED MAR 1 2 2014 CITY OF ASPEN COMMUNITY DEVELOPMENT CITY ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Justin Barker, 429.2797 DATE: February 28, 2014 PROJECT: St. Regis, PD Amendment REPRESENTATIVE: Alan Richman, 920.1125 DESCRIPTION: The St. Regis Hotel is located on Lot 1 of the Aspen Mountain Subdivision. The property is currently zoned (L) Lodge with a (PD) Planned Development Overlay. Section H.17. of the 1St Amended and Restated PUD/Subdivision Agreement for the Aspen Mountain Subdivision (reception #304523) only permits specific accessory retail uses within the Hotel Phase I (Lot 1, currently the St. Regis). The Applicant is proposing to amend this section to retain those uses as permitted, while also allowing the property owner the ability to apply for conditional uses within underlying zoning. The applicant will need to submit a Land Use Application requesting a Minor Amendment to a Project Review approval. This requires one public hearing before City Council. Below are links to the Land Use Application form and Land Use Code for your convenience. Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.445.110.D Minor Amendment to a Project Review approval Land Use Code link: http://www.aspenpitkin.com/Departments/Community-Developmen#Planning-and-Zoning/Title-26-Land-Use-Code/ Land Use Application: http:#www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2013%20land%20use%20app%20form.pdf Review by: Staff for complete application City Council Public Hearing: Yes, at City Council Planning Fees: $4,550. This includes fourteen (14) hours of staff review time. Additional time over fourteen (14) hours will be billed at $325 per hour. Referral Fees: None Total Deposit: $4,550 Total Number of Application Copies: 10 Copies, RECEIVED To apply, submit the following information: 0 Proof of ownership with payment. MA < 1 1 2014 0 Signed fee agreement. 0 Applicant's name, address and telephone number in a letter signed by the applicant whigh;tates th@h'ithlt address and telephone number of the representative authorized to act on behalf of the applicant.- '- Â£ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. O Total deposit for review of the application. 1 19_copies of the complete application packet and maps. Â£ An 81/2" by 11" vicinity map I ig the parcel within the City of Aspen. 0 Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) Il A written description of the 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. Il List of adjacent property owners within 300' for public hearing. 0 Copies of prior approvals. 0 Applications shall be provided in paper format (number of copies noted above) as well as either of the following digital formats. Compact Disk (CD)-preferred or thumbdrive. 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. r 1 2 70 14 C' 1 Â¥ Of MOPEN COMMUNITY DEVELOPMENT EXHIBIT #4 ~ 484489 06/25/2003 10:46A Page: 1 of 5 BILLIA [AVIS PITKII -C. .TY C.> R 20.00 0 0.00 ORDINANCE NO. 25 (SERIES OF 2003) AN ORDINANCE OP 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; and, WHEREAS, the 24 timeshare lodge units are proposed to be sold in a minimum of 1/11lh fractional interests; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Waste Distict, 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 body 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 ofAspen / 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, RECEIVED MAR 1 2 2014 CITY OF ASPEN COMMUNITY DEVELOPMENT 484489 I Im Ilill 1 Il -1I1 ll jilll Ill lili Page: 2 of 5 06/25/2003 10:46A S LVIA DAVLS PI-KIrâ€¢ COUN-Y CO R 26.00 0 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 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 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: a. A copy of 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 o f a 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 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. Ali 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 RECEIVED MAR 1 2 2014 CITY OF ASPEN COMMUNITY DEVELOPMENT I ll 11111 il 11 111111111 lilli li lilli 08/25/2003 10:46A 484489 Page: 3 of 5 S.DvIA CÂ¢.VIS PITKIN -OC.TY CO 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 determine the required number o f 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 ternls: 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 ofthe audit. c. The term employee shall include all payroll and non-payroll employees generated by the application. RECEIVED MAR 1 2 ?014 CITY OF ASPEN COMMUNITY DEVELOPMENT 111 11111111111 Ill lilli'111111111111111 06/25/2003 10:46A 48448=, Page: 4 of 5 S-LV~A DAVIS PI-KIN COUN-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 of the homeowners association shall permit walk-in rental of units. The association shall not limit rental o f 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 "sufficiently" shall be specifically defined, in terms of minimum number o f days notice required. d. The owner of a timeshare estate shall not be permitted to occupy that estate for any period 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 included in a PUD Agreement, pursuant to Section 26.445.070(C). 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 paid within twelve (12) months of the issuance of a building permit for the timeshare units. Section 2: HECE'VED MAR 1 2 7014 CITY OR A COMMUN'19 ~- APEN ut,ELOPIENT Ill- 11111111-1-1111111111111111111 06/25/2003 10:46A 404489 Page: S of 5 SILWA LAVIS PITKIN _C...TY CO R 28.00 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 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 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 be deemed a separate, distinct and independent provision and shall not affect the validity ofthe remaining portions thereof. Section 5: A public hearing on this ordinances will be held the 27th day of May 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 ,..ip.ci,49ftÂ® City ofAspen onthis 12th~ dayofMay, 2003. f :STE"Billi, 3 4 - -1 ...m---~ r ~tl~DErjÂ»'--1 Kath*Gitoch, 0ty 'Clerk Vele& Kdtin ]N~Â¢kiN~d, Mayor FINALLY, ADOPTED, PASSED, AND APPROVED this 9h day of June, 2003. j 1-- j t. li:..-: -0-: City Clerk H;len'Kafln K~afitteru~(~Mayor 1 le '00 APP OVED AS TO FORM: /46Â¢7 Rcâ‚¬6 6{11-11003 Rsepilfea ''=1#Â· Â¥ 9Â· f - -7 -f; 6-JotifiWorcestor, City Attorney - .i 414& 1 1 >", -vrÂ·i,NUNITY 29Ft=N ueVELOPMENT . , 1,00;1 574 P,19838 1 1 Jim Wilson of March 20 and March 21, 1985, respectively, copies of which memoranda are attached as Schedule 5 and 6, respec- tively, to this First Amended PUD Agreement. For its part the City has issued a written acknowledgement of such fact, attached hereto as Schedule 7. 15. The following limits shall be placed on the construe- tion schedule in addition to those proposed by the Owner or i,Â· required by the City Engineer: a. A "tennis" fence material shall be used to screen ; all staging areas on the site. b. All construction (except painting or similar "quiet" , activities) shall be prohibited on the site between the hours of 10:00 p.m. and 7:00 a.m. C. Owner shall demonstrate to the City Engineering 0 Department that permission has been obtained from ---- adjacent owners for the booms on the tower cranes to swing over their properties. d. The Owner shall provide the City Engineer with an ~ ' updated construction schedule prior to obtaining any additional building permits for the Project. 09 16. The Owner shall commit to meeting the Health Depart- . I ment requirements identified by Tom Dunlop in his memo regarding the Project dated February 18, 1988 and attached hereto as I Exhibit I. 17. The accessory retail uses permitted within the Hotel i Phase I shall be limited to the following and similar uses: .. sundry shop; car rental desk; travel desk; ski rental and repair 47 L i., WBOL t.*9 - ------MAN 1 2 2014 CITY OF AS 971. 9 PEN COMMUNITy DEVELOPMENT â‚¬14;- 29:1: 1 A-'FL. . 1 1-17 ';it,ft,? Iym 574 ~839 stere; ski and sports activity center; hotel operator souvenir store; beauty shop; florist shop; and gift shop. The four accessory retail spaces depicted in the building on Durant Street shall not be combined to create larger retail spaces. , 18. In order to maintain the employee generation repre- :i.:....,, sented by Owner, there shall be no more than 204 dining seats and ':,}.. 4,500 sq. ft. of net (defined as 80% of gross) dining area, exclusive of lounge area and exclusive of seasonal outdoor dining, within the Hotel Phase I. 19. The Owner's commitment in the Initial PUD Agreement to participation in the Lodge Improvement District is hereby revised to a commitment to provide improvements on all proiect frontages which correspond to those planned for the South Galena/South Mill Improvement District. The Owner commits to construct those improvements adjacent to the hotel which were originally intended for construction by the district contractor, using funds which will be transferred from the district to the Owner. These improvements and the approximate scheduling for their installa- tion are more particularly described in Schedule 8, attached hereto and made a part hereof by reference, and Owner agrees to complete such improvements to the reasonable satisfaction of the City Engineer within the approximate time schedules indicated therein. Â·t 1 I. PERIODIC PROJECT REVIEWS Owner agrees that every six (6) months following the date of final City apprbval of this Project until the construction of ., 1; 48 Â·Â· i , 1Â· ''.*t 11,Â· ,.Â·;ptl 114;4,64\ 5,*33 + 1.* t. , 1 1 RECE'Vki MAR 1 2 2014 CO@44*%7 )0:,3-2.B 8- - ,2 DISTRICT INTENTION PERMITTED USES CONDITIONAL USES Lodge-One To encourage construction and ren- Lodge units; boarding houses; hotel; Restaurant; timesharing; satellite ovation of lodges in the areas ad- dining room, laundry and recrea- dish antennae. L-1 jacent to the commercial core and tional facilities for guests only. to prevent the conversion of exist- ing lodges into long-term residences. - Lodge-Two To encourage construction and ren- udge units; boarding houses; hotel; Restaurant; timesharing; satellite ovation of lodges in the area at dining room, laundry and recreation dish antennae. L-2 the base of Aspen Mountain and facilities for guests only; multi- to allow construction of tourist- family residences; single-family and oriented single-family, duplex and duplex residences. multi-family units. Commercial To provide for the establishment All street level uses same as CC; Timesharing; satellite dish anten- Lodge of.commercial uses at street level lodge accommodations on second nae. 2,0 *but requiring that all additional and other stories. CL ' stories be lodge accommodations. Academic To establish areas used for educa- Private school or university; teach- Boardinghouse and dormitory for tion and cultural activities with ing hospital; research facility and housing students and faculty; stu- A attendant research, housing and testing laboratory provided that dent health care facility; student administrative facilities. All devel- such facilities are enclosed and there and faculty dining hall; satellite opment is to proceed according to are no adverse noise or environ- dish antennae. a site plan approved pursuant to the mental effects; auditorium and other 0 90 mq 22< f re O X, 0 M N 63 m 2 Ri ..A, IeoN 'ding 09*I iN]WdOEA. Al 0 Aspen Land Use Regulations 11. Internal floor area ratio: 0.75:1, increasable to 1:1; however, if the external floor area ratio is increased by Special Review pursuant to Art. 7, Div. 4, then sixty percent (60%) of the additional floor area must be approved for residential use restricted to affordable housing. E. Off-Street parking requirement. The following off- street parking spaces shall be provided for each use in the Office (0) Zone District, subject to the provisions of Art. 5, Div. 3. 1. All residential uses: 1 space/bedroom, fewer spaces may be provided by special review pursuant to Art. 7, Div. 4, for historic landmarks only. 2. Lodge uses: N/A 3. All other uses: 3 spaces/1,000 sq. ft. of net. leasable area; fewer spaces may be provided via a payment in lieu pursuant to Art. 7, Div. 4, but no fewer than 1.5 spaces per 1,000 square feet of net leasable area shall be provided on-site. Sec. 5-215. Lodge/Tourist Residential (L/TR). A. Purpose. The purpose of the Lodge/Tourist Residential (L/TR) Zone District is to encourage construction and renovation of lodges in the area at the base of Aspen Mountain and to allow construction of tourist-oriented detached, duplex and multi-family residential dwel- lings. B. Permitted uses. The following uses are permitted as of right in the Lodge/Tourist Residential (L/TR) Zone District. 1. Lodge units; 2. Boardinghouse; 3. Hotel; 4. Multi-family dwellings; 5. Detached residential or duplex dwellings, only on lots of 6,000 square feet or less; 6. Dining rooms, customary accessory commercial uses, laundry and recreational facilities located on the same site of and for guests of lodge units, boardinghouses, hotels and dwelling units; 7. Accessory residential dwellings restricted to affordable housing guidelines; and 8. Accessory buildings and uses. A.467'En, fED 5-50 4/1 <1 2 7014 Revisions incorporated through August,14 1989 26.710.190 Lodge (L). A. Purpose. The purpose of the Lodge (L) Zone District is to encourage construction, renovation and operation of lodges, tourist-oriented multi-family buildings through short term vacation rentals, high occupancy timeshare facilities and ancillary uses compatible with lodging to support and enhance the City's resort economy. The City encourages high- occupancy lodging development in this zone district. Therefore, certain dimensional incentives are provided in this zone district, as well as other development incentives in Chapter 26.470, Growth Management Quota System (GMQS). B. Permitted uses. The following uses are permitted as of right in the Lodge (L) Zone District: 1, Hotel or lodge. 2. Timeshare lodge. 3. Exempt timesharing. 4. Offices and activities accessory to timeshare unit sales (see Section 26.590). 5. Bed and breakfast. 6. Conference facilities. 7. Uses associated with outdoor recreation facilities and events. 8. Accessory uses and structures. (Food service for on-site lodge guests is an accessory use.) 9. Storage accessory to a permitted use. 10. Affordable multi-family housing accessory to a lodging or timeshare operation and for employees of the operation. 11. Free-market multi-family housing. 12. Home occupations. 13. Vacation rentals. Pursuant to Section 26.575.220 C. Conditional uses. The following uses are permitted as conditional uses in the Lodge (L) Zone District, subject to the standards and procedures established in Chapter 26.425: 1. Retail and restaurant uses. 2. Neighborhood commercial uses. 3. Service uses. 4. Arts, cultural and civic uses. 5. Public uses. /4 1/2/11& C,=,= a:'.1 4.:My.1 1 City of A.Agen Land Use Code 'r~'Part 700, L zone CITÂ¥ UF Â· kirEPage 1 CGit;IÂ·:UNiTY DEVEL@MENT