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HomeMy WebLinkAboutExhibit C -ApplicationALAN RICHMAN PLANNING SERVICES, INC. P.O. BOX 3613 ASPEN, COLORADO 81612 970-920-1125 October 10, 2017 Ms. Jessica Garrow, Director City of Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 RE: ST. REGIS HOTEL PUD TEMPORARY USE PERMIT TO ERECT TENTS Dear Jessica, This is an application for a Temporary Use Permit to authorize tents to be erected at various times during the coming year at the St. Regis Hotel in Aspen. The St. Regis Hotel's street address is 315 East Dean Street and its Parcel ID # is 273718285033. 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. A vicinity map showing the location of the subject property is included with this application package. This application is being submitted by 315 East Dean Street Associates, Inc., the owner of the St. Regis Hotel, (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). HOA authorization to submit this application has also been provided (see Exhibit #3). 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 #4. This form, directs the applicant to respond to the following section of the Land Use Code: 26.450: Temporary and Seasonal Uses; and 26.470.090 1 GMQS — Temporary Uses and Structures. Ms. Jessica Garrow October 10, 2017 Page Two The following sections of this application are organized to demonstrate how the proposal complies with the review standards of these Land Use Code sections. First however, some background information is presented describing the history of the prior land use approvals granted to the property. Background Information 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 (Reception No. 304523). 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 ownership in 1998 and the Hotel was re -branded as the St. Regis Hotel at that time. In 2003, the City granted approval to convert some of the hotel rooms into timeshare units and to make other modifications to the Hotel. Approval for these activities was granted pursuant to City Council Ordinance No. 25, Series of 2003. The amended PUD/Subdivision Plat documenting this approval was recorded in Plat Book 68 @ Page 42 of the Pitkin County records. Today, the St. Regis Hotel has 179 hotel rooms plus 25 timeshare units in the Residence Club. The property also contains a variety of accessory uses, including the conference/meeting space and ballrooms, the spa, several dining areas and bars, and four retail spaces. Temporary Use Permit The Hotel has traditionally conducted events for its guests throughout the year that require a temporary tent to be erected on the property. These events include weddings, receptions, corporate style dinners and conference/seminar/meeting activities (such as the Food and Wine Classic). In the past, a Temporary Use Permit has been requested for the tent prior to each event taking place and the permit was processed administratively. Recently, however, the City provided written notification provided to the Hotel that any future requests to erect tents on the property would require approval of a Temporary Use Permit by the City Council. Therefore, the applicant is requesting a Temporary Use Permit for the events that are anticipated to occur at the Hotel over the coming year. Events have traditionally taken place in the following four outdoor spaces: Ms. Jessica Garrow October 10, 2017 Page Three Fountain Courtyard; Mountain Plaza; Pool Deck; and Chefs Club Courtyard. The locations of these four spaces are shown on the drawing that depicts the existing footprint of the Hotel which is included in this application package. These event spaces have been utilized in the past both with and without a tent, depending upon expected weather and depending upon the client's preference as to using space inside of the Hotel as a backup versus renting and erecting a tent. Generally, while clients make reservations for one of these spaces many months ahead of time, the decision as to whether to use a tent has been made much closer to the actual time of the event. If a tent is to be used, the Hotel (or the client directly) would work directly with one of the local tent rental companies, who would obtain the necessary City permit. The tent is typically erected the day before the event and is taken down on the day after the event occurs. Since the decision on which events will use a tent is unknown in advance, the best predictor that the Hotel has for the number of tents that will be erected in the coming year is the Hotel's past experience. Accurate records of events are kept, indicating that the following number of days where a tent was in use took place in 2016 and 2017: 2016: 33 days (of which 30 days of use were in the Fountain Courtyard); and 2017: 30 days (of which 27 days of use were in the Fountain Courtyard. Given this experience, the Hotel projects that there will be 35 days, beginning on December 1, 2017 and continuing through to November 30, 2018, during which a tent will be in use. Tents usage will occur throughout the 12 month period, including primarily summer and winter dates, but also involving a few days during spring and fall. Following is a summary of projected tent usage during this period: • The vast majority of the events will continue to take place within the Fountain Courtyard. The Hotel projects that 32 of the projected 35 tent use days will take place in the Fountain Courtyard from 12/1/2017 to 11/30/2018. • The Mountain Plaza will have a tent in use for just 2 days and the Pool Deck will have a tent in use for just 1 day during this 12 month period. • The Chefs Club Courtyard did not experience any tent usage in 2016 or 2017 and is not projected at this time to have any tent usage in 2018. Section 26.450.030 of the Land Use Code sets forth the criteria applicable to the review of all temporary uses. The applicant's responses to those review criteria are as follows: Ms. Jessica Garrow October 10, 2017 Page Four A. The location, size, design, operating characteristics and visual impacts of the proposed use. Response: As the site drawing shows, all events at which tents are in use take place within the courtyards located towards the center of the Hotel property. This means that the front and side facades of the Hotel enclose the event from public view on three sides (all but the uphill side), effectively minimizing the visual and lighting impacts from the event and also helping to limit any noise impacts the event might have. Moreover, the Fountain Courtyard, where most of the events occur, sits at the lowest level of the Hotel, meaning that it has no visual presence whatsoever from any of the surrounding public streets. Included in this application package are schematic drawings showing the typical tent setup at the two primary locations which the Hotel has utilized in the past, which would continue to be utilized in 2018. The tent sizes and capacities are as follows: Fountain Courtyard: 66' x 60' (3,960 sq. ft.), can accommodate up to 350 guests. Mountain Plaza: 30' x 30' (900 sq. ft.), can accommodate approximately 70 guests. The Hotel also typically utilizes a small tent (10' x 10' = 100 sq. ft.) at the Pool Deck during the Food and Wine Classic, but this tent is only used to cover cooking areas and does not accommodate any guests. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. Response: As explained above, the layout of the St. Regis Hotel helps to ensure the compatibility of the temporary use with the surrounding uses. The outdoor courtyard is surrounded by the wings of the hotel, which tends to minimize the visibility of the events and shields neighbors from impacts such as noise and lighting. Further information about noise is provided in the response to Criterion C, below. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels and neighborhood character. Response: The proposed tents will not have any significant impacts on pedestrian and vehicular traffic nor place unusual demands on municipal services. The tent companies generally load from Monarch Street, using the existing gate into the Mountain Plaza space as their access to the Courtyard. Loading occurs during traditional business hours. While there is not a formal "loading zone" designation in this area, the companies have been able to park nearby and no complaints have been received to date by the Hotel from neighbors regarding either the tent setup or the events that have been held outdoors. Ms. Jessica Garrow October 10, 2017 Page Five The St. Regis has a vested interest in managing noise levels from events since activities occur within the Courtyard, which would impact Hotel guests and residence owners as much or more than anyone else. Therefore, any loud amplified music or similar entertainment that occurs at the events has been, and will be, limited to 9 PM. A dinner or similar event with basic background music would be allowed to run past 9 PM. The St. Regis also ensures that noise levels stay within 60 decibels beyond its property line. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. Response: The applicant requests permission to have a tent in use for 35 days in 2018. This tracks quite closely with the number of days for which tents have been permitted by the City at the St. Regis in 2016 (33 days) and 2017 (30 days). E. The purposes and intent of the zone district in which the temporary use is proposed. Response: The purpose of the Lodge zone district is to allow for the development of lodges "and ancillary uses compatible with lodging to support and enhance the City's resort economy". The proposed temporary use would be entirely consistent with this purpose by enabling visitors to attend the kinds of events they expect to find in a first class resort property like the St. Regis. F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed Response: The use of tents for special events has proliferated in the central area of Aspen in recent years. These tents range from those erected on City property for the Food and Wine Classic and other widely attended events, to the tents that are regularly erected throughout the year at downtown hotels, such as at the Little Nell and Hotel Jerome. Visitors to Aspen have come to expect that they will be able to attend events that take place outside but organizers need to know that their event can occur no matter what the weather, by having a tent in place to support the event. G. Now the proposed temporary use will enhance or diminish the general public health, safety or welfare. Response: The proposed temporary use will enhance the general public welfare by providing a desirable amenity for guests of the Hotel who visit Aspen to enjoy these kinds of special events. Ms. Jessica Garrow October 10, 2017 Page Six Growth Management Review Section 26.470.090 (1) provides a Growth Management review procedure for temporary uses and structures. This section sets forth a methodology for calculating the affordable housing impact fee that must be paid for setting up a temporary or seasonal enclosure on a commercial property that supports a commercial use. The section indicates that temporary or seasonal enclosures are only subject to affordable housing mitigation requirements if the structure is erected for more than 14 days in a 12 month period. In such cases, affordable housing mitigation is required only for the days in excess of 14 within the 12 month period and may be paid via cash -in -lieu as a matter of right. The mitigation also takes into account the expected lifespan of the building, which the Code defines as 30 years. Given this approach, the tent that would be in place in the Fountain Courtyard is subject to the mitigation requirement, since it will be erected for more than 14 days in 2018. The other (smaller) tents are not subject to mitigation since they will be in place for well less than 14 days each during 2018. Following is the application of the Code methodology to the tent that will be erected in the Fountain Courtyard: Code MethodoloQy: • 3,960 sq. ft. x 4.7 FTEs/1,000 sq. ft.=18.612 FTEs generated. • 18.612 FTEs x 65% mitigation rate = 12.10 FTEs to be mitigated if structures are in use 100% of year. • 12.10 FTEs / 365 days per year = .0331506 daily rate. • 32 days —14 days = 18 days to be mitigated. • .0331506 x 18 days = 0.5967108 FTEs. • .5967108 FTEs x $223,072 cash -in -lieu rate = $133,109.47. • $133,109.47/ 30 year lifespan = $4,436.98 due for mitigation of the structure for a period of 18 days. The applicant will make this payment to the City at such time as the City Council requires. Finally, the applicant would request as a condition of this Temporary Use Permit that the City Council grant to the staff the administrative authority to amend the terms of the permit. Specifically, the applicant requests the ability to have up to 5 more tent use days (for a total of 40 days) during the year which may prove necessary if weather or other unforeseen conditions dictate that more planned events have a tent. If this increased usage occurs, the applicant would agree to pay the increased affordable housing fee on a pro rata basis (at the rate of $246.50 per day, calculated as $4,436.98/18 = $246.50). Ms. Jessica Garrow October 10, 2017 Page Seven 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. 40000 Alan Richman, AICP EXHIBITS ASPEN OFFICE 625 East Hyman Avenue • Suite 201 Aspen, Colorado 81611 Telephone (970) 925-1936 Facsimile (970) 925-3008 VTA F,MAII. G AixrILLD &H�;"f 'll', P.C. ATTORNEYS AT LAW I SINCE 1975 www.garfieldhecht.com October 31, 2017 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: joelhocknell@gmail.com RE: OWNERSHIP OF ST. REGIS ASPEN Dear Mr. Hocknell: Chris LaCroix Aspen Office clacroi cr nr eldlreclat.cone Alan Richman 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 of the real property described as follows: Hotel 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 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. Si GARFI1EV,D#L HECHT, P.C. By: E AZ Chris L roix Copy via email to: Alan Richman ® Printed on recycled paper EXHIBIT # 1 ASPEN OFFICE GARFIELD & HECHT, RC. Victorian Square 601 East Hyman Avcnue Aspen, Colorado 81611 ATTORNEYS AT L A W Telephone (970) 925-1936 Since 1975 Facsimile (970) 925-3008 www.garfieldbecht.com 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: ioelhocknelingmail.com 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 of the real property described as follows: Hotel 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 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. Sinc el e, G e d & Hecht, P.C. By: Chris aCroix Copy via email to: Simon 14. Prisk, Esq. 978309_1 Aspen • Avon • Basalt * Glenwood Springs • Rifle ® Printed onrecycicdpaper EXHIBIT #2 Ms. Jessica Garrow, Director City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: LETTER OF AUTHORIZATION FOR ST. REGIS HOTEL Dear Ms. Garrow, We are the owners of the St. Regis Hotel, located 315 East Dean Street in Aspen. We hereby authorize Alan Richman Planning Services, Inc. to submit an application for a Temporary Use for tents that will be erected on the property over the coming year. Mr. Richman is authorized to submit the land use application on our behalf and to represent us in meetings with the staff and the applicable decision making bodies. Should you have any need to contact us during the course of your review of this application please do so through Mr. Richman or you may contact Mr. Tobias Rimkus, the Director of Catering and Event Management at the Hotel.. Sincerely, 315 East Dean Assoc. Inc. 150 E 58th St.14th Floor New York, NY 10155 EXHIBIT #3 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Jim Pomeroy, 429.2745 DATE: 8.28.17 PROJECT: St Regis Hotel Tent(s) REPRESENTATIVE: Tobias Rimkus, (tobias.rimkus@stregis.com) TYPE OF APPLICATION: Temporary Use DESCRIPTION: The prospective applicant, The St. Regis Hotel, would like to erect tents on their property located at 315 E. Dean Street. The tents would be erected at various times throughout the coming year for special events. The number of days in total that these tents would be erected would be more than 7 days. As per Chapter 26.450, Temporary Use, any temporary use longer than 7 days will be considered an Insubstantial Temporary Use, and will need to be approved by City Council during a public hearing. Council may allow a Temporary Use for up to 180 days, with the ability to request for one extension. The applicant will be required to respond to the criteria found in subsection 26.450.030. Temporary uses that exceed fourteen (14) days are subject to housing mitigation. Mitigation shall be based on the number of days in excess of 14 in a 12-month period, as calculated in Section 26.470.090.1. As a public hearing, this approval will require advance notice be posted. The applicant has the choice of either mapping out all of their days where they may need a tent over the course of the next year, or if time allows they may apply one by one for each event. The procedure and fees would be the same for either route, however, if the applicant wished to obtain approval for each event, the fees and paperwork would be required for each application. Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.450 Temporary and Seasonal Uses 26.470.090.1 GMQS — Temporary uses and structures Land Use Code: http://www.aspenpitkin.com/Business-Navigator/Get-Approval-to-Develop/Refer-to-Land-Use-Code/ Land Use Application: http://www.aspenpitkin.com/Portals/O/docs/businessnav/ApprovaltoDevelop/Land%20Use%2OApplica tion.0 ASLU Temporary Use 315 Dean St. — The St Regis Hotel Parcel ID: 273718285033 1 Review by: Staff for complete application and recommendation Public hearing before City Council for determination Planning Fees: $1,300 Deposit for 4 hours of staff time (additional planning hours are billed at a rate of $325/hour) Referral Fees: none Total Deposit: $1,300 To apply, first submit one copy of the following information: ❑ Completed Land Use Application and signed fee agreement. ❑ Pre -application Conference Summary (this document). ❑ Street address and legal description of the parcel on which development is proposed to occur. ❑ A letter or other approval from the property owner indicating they consent to the proposed use. ❑ Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ HOA Compliance form (Attached) ❑ 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 and relevant land use approvals associated with the property. ❑ Pictures of the proposed structure. ❑ A sketch plan of the site showing property lines and existing and proposed features relevant to the temporary use and its relationship to uses and structures in the immediate vicinity. ❑ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. Once the copy is deemed complete by staff, the following items will then need to be submitted: ❑ A complete digital copy of the application, including all items listed above. ❑ Total deposit for review of the application. ❑ 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. ASLU Temporary Use 315 Dean St. — The St Regis Hotel Parcel ID: 2737182850331 EXHIBIT #4 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 by the property owner or Attorney representing the property owner. 0*&. aSSoc. �•.c. Property Name: Ste hane DeBaets 3 � S f . Owner ("I'T Email: Phone No.: JoelhocknellQgmail.com 970-948-9354 Address of 315 E Dean St Property: Aspen, Co (subject of 81611 application) I certify as follows: (pick one) ❑ This property is not subject to a homeowners association or other form of private covenant. 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. ❑ 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. 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. I understand that this document is a`public document. Owner signature: te: 10 A/j7 Owner printed name: Attorney signature: Attorney printed name: Stephane DeBaets DRAWINGS LOT L ASPEN MOUNTAIN SUBDIVISION AND PLANNED UNIT DEVELOPMENT CITY OF ASPEN, COUNTY OF PnW. STATE OF COLORADO 4 IN Q• Fountain Courtyard Moutntain Plaza Chefs Club Courtyard Pool Deck a — ,am The Weekend 2016 Saturday Dinner Fountain Courtyard Saturday, September24th EO #: 9861307922 4' x 8' riser provided by Brian Reed d ` C �UV a�i C44D CpC)% 0 jl�'% %u& 0 ODU-S C c Cr 0 table ' *Seating for 228 *(19) Banquet Rounds of 12 w Buttermilk Monarch Hall fvountain Plaza Food & Wine Welcome Reception Thursday, June 16, 2016 6:00pm - 8:00pm 30' x 30' Tent To Monarch Street #3 p [[Ca//e 0 WEBa ( ,Ba ender To Pool Deck M 00010 1. dAr A mb.r_—`40~ ' 4 Let Ai 6 � ,: . � 1 f711 `� �9