Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Exhibit B.1_Application
ST. REGIS ASPEN RESORT MINOR PD AMENDMENT SUBMITTED BY ALAN RICHMAN PLANNING SERVICES, LLC P.O. BOX 3613 ASPEN, COLORADO 81612 970-920-1125 ALAN@ALANPLANS.COM DUNE, 2023 TABLE OF CONTENTS PAGE I. Introduction................................................... 1 II. History of Prior Development Approvals ............................ 3 Ill. Analysis of Key Issues Associated with the PD Amendment .......... 16 A. Employee Generation and Affordable Housing Mitigation .......... 17 B. Sustainable Operation of the Hotel ........................... 21 IV. Responses to Standards for Minor PD Amendment .................. 22 V. Growth Management Review .................................... 26 VI. Commercial Design Review ..................................... 29 VII. Standards for Review of Temporary Uses .......................... 32 VIII. Conclusion ................................................... 35 MAPS AND PHOTOS VicinityMap .................................................... 2 SiteSurvey .................................................... 4 Hotel Layout Identifying Major Courtyards ............................ 6 Photos of Fountain Courtyard Tent ................................. 718 Photo of Fountain Courtyard Yurts.................................. 9 Photos of Mill Street Courtyard Tent .............................. 10111 Photos of Mountain Plaza Dome ................................. 12113 Configuration of Special Events Tent and Connecting Tents ............. 15 EXHIBITS #1 Proof of Ownership #2 Letter Authorizing Submission of Application #3 HOA Compliance Form #4 Pre -Application Conference Summary - PD Amendment #5 Pre -Application Conference Summary - Temporary Uses #6 City Council Resolution No. 158 (Series of 2017) #7 City Council Resolution No. 102 (Series of 2018) #8 City Council Resolution No. 128 (Series of 2022) #9 Section 13.4 of First Amended PUD Agreement #10 City Council Ordinance 25 (Series of 2003) #11 2010 St. Regis Employee Generation Audit #12 St. Regis, Aspen Energy Efficiency Proposal OTHER CITY FORMS Agreement to Pay Application Fees Land Use Application Form I. Introduction This is an application to amend the Planned Development (PD; formerly known as PUD) for Lot 1 of the Aspen Mountain PUD/Subdivision, on which the St. Regis Aspen Resort is located. The purpose of the PD Amendment is to obtain permanent approval for certain seasonal structures which have previously received annual temporary use permits. Also included in this application is a request to amend the five (5) year temporary use permit which the Aspen City Council issued in 2022 for the tent which the St. Regis erects for special events in the Fountain Courtyard. The purpose of the amendment is to allow for two smaller tents (200 square feet each) which connect the special events tent to the hotel lobby and to the hotel's service area. The St. Regis Aspen Resort is legally described as the Aspen Residence Club and Hotel. It is located on Lot 1 of the Aspen Mountain Subdivision/PUD. The property's street address is 315 East Dean Street and its Parcel ID # is 273718285033. Lot 1 of the Aspen Mountain Subdivision/PUD 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 PD overlay applied to it. A vicinity map showing the location of the subject property can be found on the next page of this application package.. This application is being submitted by Aspen Owner LLC, the owner of the St. Regis Aspen Resort (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 Aspen Owner LLC as the owner of this property (see Exhibit #1). The applicant has designated Alan Richman Planning Services, LLC 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 the Community Development Department prior to submission of this application. Copies of the pre - application forms which staff provided to the applicant are attached as Exhibit #4 and #5. These forms direct the applicant to respond to the following Land Use Code sections: 26.445.110.D: Minor Amendment to a Project Review Approval; 26.445.070: PD Project Review Standards; 26.470.080: General Standards for GMQS Review; 26.470.050.0 : Employee Generation Review; 26.412: Commercial Design Review; and 26.450: Temporary and Seasonal Uses. The following sections of this application are organized to demonstrate how the proposal complies with the applicable review standards of the Land Use Code. First however, some background information is presented to describe the history of the prior land use approvals granted to the property and to summarize the existing conditions at the Hotel. Minor PD Amendment for St. Regis Aspen Resort Seasonal Structures Page i Il. History of Prior Land Use Approvals The Aspen Mountain Subdivision/PUD was originally approved by the City of Aspen in 1985. The Subdivision/PUD involved 6 distinct lots, as follows: Lot 1, referred to as Hotel Phase 1; Lot 2, referred to as Summit Place; Lot 3, referred to as Top of Mill; Lot 4, referred to as Galena Place; Lot 5, referred to as Hotel Phase 2; and Lot 6, referred to as the Ice Rink and Park. The PUD/Subdivision Plat documenting this approval is recorded in Plat Book 17 @ Page 99 of the Pitkin County Records. The original PUD Agreement was recorded in 1985 in Book 500 @ Page 656 of the Pitkin County Records. This Agreement comprehensively spelled out all of the owner's obligations with respect to the planned development of a new hotel on Lot 1 of the PUD, along with those associated with the planned development of residential projects on Lots 2, 3 and 4 and a second future hotel on Lot 5 of the PUD. 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 First Amended PUD Agreement is recorded in Book 574 @ Page 792 (Reception No. 304523). Subsequently, what was known as the "Section M Amendment to the First Amended PUD Agreement" was approved by the City Council, setting forth a new schedule for completion of the project. That amendment was recorded in 1990 in Book 627 @ Page 457 of the Pitkin County Records. Construction of the Hotel (originally known as the Ritz Carlton) was initiated shortly thereafter and was completed in 1992. The property changed ownership in 1998 and the project 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. The Second Amended PUD Agreement was recorded as Reception No. 493607 of the Pitkin County Records. Today, the St. Regis Aspen Resort 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 several retail spaces. A survey of the property can be found on the following page. The St. Regis has traditionally conducted events for its guests 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). Until 2017, the St. Regis would submit a Temporary Use Permit request for the tent prior to each event taking place and the permit was processed administratively. Minor PD Amendment for St. Regis Aspen Resort Seasonal Structures Page 3 ALTNNSPS LAND TM SURVEY OF LOT I, ASPEN MOUNTAIN SUBDIVISION AND PLANNED UNIT DEVELOPMENT CITY OF ASPEN, COUNTY OF PITYBLSPATE OFCOLORADO 9lwM1 fx96�1p1 xpF lMn6x Mrla[Sc®q fQld9�a wr aMl[i1ex 1, cnwrt tl nnpx s1aT a md.m. �a.wE a) a Ipx} NdS M [aTt[RYIa[ a xalafel Tla[r q6 M xdMRr u[ a .�.0 Sn1rG a1M•6xr�ga�CMmgMRr lNalM i�a%r�il�f Rxl lwi Ew6 ma1W0�tl�L�ry MgIQ Max adc sxm salKal lw[ s mint• r. 1xiu 1¢l, Mx¢ s rssc.r a Inxa r¢r. Mxa 3 lyW n' L +b n n[[ 10 a r1wS Ydc M wsaar rK tl atom xa xnR[r, rx[Tu xdc SfL riT¢RT ul Irt FQIa.IL ll]IL[ f]1 CGAY] ]1 WrR nm rcrr, } exxa 3 ]xM11' L LIS rt[1; I. 3 Lbra 1 nY]sY i ].•)b ml; sx nmmr a nw Rn. Mr,Q s 1.-sxc ,, ula ua,n run an; 1.a.a . nmor ,< sa ]nl. Pxxa .Is•nc L 1u]o m 1 to..n•r wac M awMtr L.c w wa.n sratl: lgrs wave sa6 xdMar rK x nmaF w to n nrl ro lK Ifw1 a f[orwra m.,xxxc . w Gars Rya w LLn am(Tdvnd�n nx[ a.Iwtaxt, [.( 1araR asm-w.xJ-xawaxxl xa 4 rwraQo Br T1ixw1 nx[ wk] vet xra mw[xm.l w,. wa[w ax[ax Que w1a xo1¢ mr6m.wwwl Kaa644 r6 Art W WaMw +ur 4 Wgf9 .Wur .. Na6 w wu ppae n ai rb p{ q 4[Ir A b 1WS1 arxS q pSxRP afa p[p1p r M aaiunr xb M1ax a ue mwwsar rQ aPp aPaar au we xmm wmw..r awn aw,xn n. >®u av,o1 xm ]Lur raven a M1Tid ilxp a awm !I¢ICsr I. r4�] uo imx[SS 6 315 [ql K. 1Mrl. a vex« orav ,a.s-roe c a.sm mar rcw ..P w m1r6]wa•*w .. rsncxw o-n tl w.a c nsl. 1 rA➢5T lwp w[. 6 ] a! .P[i x daamim rrtray, yqp d M Aa1 n6.r[x(!L\1 Ru6 rR lOr r..prx xgw,r y®vsa axp axa[a w1 4VLalRxr, afa.lrp r g[a y rpf .l-'P Ma as u. axr.,w[ vaPmx; vgri 5 untns P,ww .o< pao d Pn maRfauw a aw oew Rwm [wx1.� M }n car xa1 axw m xaw Qwgxs [wlx vpaxL M01•c �stwxluf d ea6xc mron ] ttmc.nn wacssl°a[n vxrPcw xmss [a xmuvd s,cn axs ]ww x:s sna[[ x MS [wYxa- x sx m[S xml awrx[ n now w{x uYo u • snu Rqx .axr upoLz ccs maarwt; w_ m xm a4]Pd r6rmc 0 116 stt� wrd[Rfr xrlTu rn ww van xtgsT lm ancrrm r16C IOurpz W ar6 F rwP.a ]I s IS awmxa aOiR f•'] nw ecd Al laBir 1CClii f'1 ra)x rMPxa Ilad glxS Mmrx. 11 gw9w.] as 44D xPd M ainwr l.4 tl tar 1. rtlSx xQ.ry A6mw9d awi Pglw rp.dazrzm[xr, ¢axT x t.]p11' L glr[fx 1rt r6xp lvxRaxn n 1 �P aTProZ RR ir[wai nt]] arMaxir 11 ®1 era[ laasYn w us aRAS ml as wdlus Mr[mf- . LLs Pwwe fsr K arMm az [Y.[L]' lA0/A]1 alus au Y.w1cT M[ r aatQz- ARxiaf-ttcmms r. iwr P[as<w we wo.rar axaw] an:xs d ¢rxa:s xwr nlalc l.xm awwr flpaax*] w u.m ®im.nr xv.vaxr d a[asror Lawn a ass rn f]I rso¢xwld M1parwl 1] vol salon 1a-.-sd cxs 15 �r urt[r M w %':lx� Iwf! a a�l[R Till iFsi a�HVYCp s �9Parcc1. w x6 [Yx1 wr Klgz 9aYp pxw xn ann w raz swNr faa[x¢m xaa m/w nx rtxrs f.1N wn a M aRMGia laws oGt xq xml 1l[x M1axac ro a[ somata. 1 x6 r.a[Hp awxfFi w ilpxl adl-tl-wr LI[5 w.S(tld wm[ arwA[ is M 1 W n1aw4 aawG lras R[aq[a w M PiR a WS{ !r M RIwwG a NrrG i o]oxa co-vwr, dar y o-Ra pAl/]mx vlx Ptt DE—/aawR rvn.-P. )axxC aPo-amLmli-RurRC awltlwfxl vur plhaxc Sx1-xIo[ Las aa.am xd,gapxw wwdC srrt/1a1aI . 1m rm sagxr wwaK wd] d z[bai mq r.Rswq lmY, [awl nxPuac alp rIIo-Ir5[ w¢icn. M ¢� x1.w r lmG wi iCA lam 886P aMh ram. w- 1rR abrwtx Ip-)-r Wwxq xmR Ram. Ma MI6 M0.pm SW Vf ff[1 .ai faom sbw.�ii IIEI ue. now vxawc v.txs atlxxu iA�a r""r`,ueac°pPls•eQ�] v- r4] xod: `` OUPHC 91A, f■mrl ib+r: F-rl yp-p}]y WOW 6 ry011 r ow"& r•c ralP.a:lxx] as6smw d roman � rnw d raRc.ur wxwr xR awrzr rovn r6 rwr nssx:Pi�ai �1x:ao'irrw a[ IQ:a.tia'�wfQcarvlxnd :.i )aovas e; sn'.+�v, nu a:vw,: Lwv.xt, [u[ .m lslra] axed n. •r. a am.ru[xl aax a rw.xr u, rau u[Rs axano w1n w asrlgx 1.1 .R[ xol [q6 swar wiRi Y. ax..xlds axp [aarraa r rxtn.lS d rn.uaioarc rrT sP1a:a igaa, r.alac M asaamaM ]aaE N fa>o b axlww waxnRffci'M Iinrxs q aYMb w wxn sl�ns� rapxl wmLtln fi.L x 1W w 9om[ �1 al R](F q l� �wm.[ tl ais6w[xl a 4as1Fx, ll,+r. RaiP,r ♦ xwax s¢xll am aw bWFt dl[Ine15 .rC udw[u a¢xx[I M. Ifn w eu61 ]ol xl xa¢ -as slaw ago- rva cananto w M an a asxw afaaxrl x6 +., srpxs tl nm a[aa[o �a1r n. »m r lCfll Ia1 of Pa*L n) -q POw •OLd �) [gf)pl a16 w6.S tl wr fi Vnxx• l�nm ruapss ra xp/ri4 dw[I LxnA'R4f ammm mcrmu .. txi w !ou La..l r.¢ IH al aar>pr w !t]nr _,s sbxx �axa '1] v.xtyp wr O[KIWlx1fP,®PPtw wx1 • tl —II 1 1M6 w Bove sn a vac[ nx. awww .wrsilxla 1sn r eo°dr'.n rtmcao rifw:R: ] tom] � r� xii'.`v.� ]pimmin wu`xr� en al raa .n, qma] M su q�n a.auRf R ]mr q qm+[M M Hii A' ]Aa aS aaI1GN xp nls5) axa +1 Lxi1Ml aG9OlL rar]•s >P.55 a[OwIC aarea 1., 1}p w Mxi l/1 al !ax .IY q R[¢PId 1q ]Lxar O A pAcII rn e�5 an�lur x6�si1]It�� {lla,wa YPxtl A[fY%ID JaxlMr>k twl w 65}I )pl -x[ P9rr rEad p rr paxxs Px1w d xx rz am sc ocla,[a y rr w xl.r Boa :r .l a.n 1� ..oat.a r� .i � 'mesr"c aas;1 i 1fn w)n.,ra"am1 nrl a�,.rc°n .°•a Mmliml�a+e ��y Boa > rr, MI of a al sa¢ tl •mns rw Iq[wxls ..a axrc[a ,w]r* xi)no• . ut Taal u -q 44w •p[d ©MAI . n ffx¢K b U.— am fmxaa[r•x4 4aP aWam .M4wY It Aa] w eaP1 n -q SxCw raQd •a rIIMIa wl ¢•naMxt)9aSSrtsp rglLExl i[MpfP awuRr+] tffe .z CL[P>tax xm .115n •w ¢m q 16ai,a xm anlu —II, LLc ao whit.[- is . tvPvwlOr K— xaxleu 1 xi --.I ro antra r>ax a.a Ex4Kx1 w at aPtx a[ws ME. I1[ wa SavaxW urna rYW •rxaavuMr 1R loot •S RltlRxd xa .SMSa 0al xai anxcl{t AB.f[r rpa[I1r 'Tt uyuT Ae5 ai aa0..� p 1ml>ti ra4r IPiiaSvww a[rx Sob rbxi �aw.d ammla R} A4f. rslrw; +b A•wc LaxxgPw aSaxna• K a gnSS tl A6� alrotlw[ a w.w(D wl a[w —T AI~.1 11 M St qrE rfia• aC6Y➢ r[aPlaer lx ]®Y Rrialaw xa ]GIYA •ax ]rwxuR tl cm•rai .•o r.xtw +.mcLso• a Ra.rs rd .s[r amxa Qu um wns cmro6ww�r aawao arcax .. A1a u aarlw• xa star. n. wmx¢ tl wxwsrl-.al]n ns[c[...a.o-.o- ss xs r.aunT .b [awrxr wrw.c amo[o fxr wr 1] r�1] u aavmr w, selra •n •ptR aarn[5 xA .+O AI=n apR[rpr f+Pta aaxa a+e f+q r6aL moa.a+l M1C�fxa awanl ]L >aw u af]r.d x6 ss].a •n ggwMraf acamm a¢w¢R Y ri1 q a¢Pbx +q .atoll fIM1 R-aWw10 aIIlHx 1i, rnl of rQ¢Aibr b fa15A al al4urpr qm�P .1-116, A13 az aarlar xp farm •H Oa11•fw¢ aaa1S[o )I1{ i0. Atf q W( — xm pt)m T qI+K a wrrtwc q�m auYTi ai t>,. wf atlrTd b xi)a•I. •n .ana a +°wa'4 araaxP wup r3, ]p) q;arm. w ewers ]t Tldx.anI ¢il xux¢xRt}. Ili tPIMTa1S M.a xMtGw¢ aO t[ 0 A1> a] Rlflriwl xo )]/p5) u wl xxlxa slow w M ula/at91 uln n'[L UNIT lr CGS fdi61x1¢ r P W xa.d 1] era] ab Va+RO aM t] All wpl[r b a]-UAIr w -xi 9Ar eaad cmt m r¢ nwMl na[ suwaxlr fzwwr rSid praA ILL x CQA— 1AAR0 zWlin [ar..t aIx wazA[xK uL x anxru[ Srxa l�axUry rawzxr. xP W1aL Pulaq w Pprsl l xMl<wq w][axss PxSI n6 [ad a Ma aw:cM 9�ssds m a Pas Rr6 6 A)t rwYN Siagr6 a[IN fiQL6Wx1Pt IE�IIrk1xIY95 1pw lAx 9Pl[ri 0.11'.]L6.6 fxm � 11 arvpirewr)aa KR S� w V�twin�l. firma sfvlA�r all+%�k ][4 a gar[ a RaS: uglwr ]r, An.�, p y f f� 1 1 "`� C.CS.CONSUI.FAAIS.P waL L rmxa L xP NM x�0iu��ns.r�or m In 2017, however, however, the St. Regis was informed of a change in City policy requiring any future requests to erect temporary structures on the property to receive approval of a Temporary Use Permit by the City Council. Therefore, the applicant submitted a request for a Temporary Use Permit for the events that were anticipated to occur at the St. Regis during the coming year. The application requested approval for a tent to be erected for up to forty (40) days during 2018, principally within the Fountain Courtyard, which is one of several outdoor spaces located within the St. Regis Aspen Resort. A drawing identifying the major courtyards within the St. Regis can be found on the following page. The City Council approved the application pursuant to Resolution 158, Series of 2017, attached hereto as Exhibit #6. In doing so, the Council took the following actions: • The Temporary Use Permit authorized a tent to be erected on -site for up to 40 days per year, with the vast majority of that use to occur in the Fountain Courtyard. • The Permit had a five (5) year term, making the Temporary Use Permit valid from 2018 through 2022. In 2018, the applicant submitted a request for a second Temporary Use Permit on the property, to allow ten (10) dining yurts to be erected in the Mill Street Courtyard during the winter season of 2018-2019. The City Council approved this application pursuant to Resolution 102, Series of 2018, attached hereto as Exhibit V. The approval authorized the yurts to be erected for a total of 135 days during the winter of 2018-2019. In 2020 and 2021, the City relaxed some of its rules regarding temporary outdoor structures in response to the COVID-19 pandemic. This enabled the St. Regis Aspen Resort to utilize several tent -type structures for a variety of uses beyond the 40 days which were authorized for the Fountain Courtyard. The temporary outdoor structures and uses which the City permitted during this period are as follows: • Four 16' diameter yurts were authorized to be erected in the Fountain Courtyard. The yurts were used for restaurant seating from November, 2021 until April, 2022. • A 20' x 50' tent was authorized to be erected in the Mill Street Courtyard. This tent was used for restaurant seating from mid -December, 2021 until early April, 2022. • A 30' diameter dome was authorized to be erected in the Mountain Plaza. The dome housed a retail operation from mid -December, 2021 until early April, 2022. Pictures illustrating the Fountain Courtyard tent, the Fountain Courtyard yurts, the Mill Street Courtyard tent and the Mountain Plaza dome can be found on the following pages. In 2022 the applicant submitted a request to the City for a five (5) year renewal of the Temporary Use Permit to re -authorize the use of these temporary structures on the property. The applicant requested approval for the temporary uses from 2022-2023 through 2026-2027. However, earlier that year, the City had begun to change its policies regarding temporary uses as it moved away from the relaxed policies adopted during the pandemic. Minor PD Amendment for St. Regis Aspen Resort Seasonal Structures Page 5 LOT L ASPEN MOUNTAIN SUBDIVISION AND PLANNED UNIT DEVELOPMENT CITY OF ASPEN, COUNTY OF Pn KIN, STATE OF COLORADO 1141,41,, Fountain Courtyard Mountain Plaza Mill Street Courtyard Pool Deck 14 WOO- f I f .iZZ a� -_ , rIF= owl A imi-- LL r ri FOUNTAIN COURTYARD WITH YURTS L-- - - . 1 11 -1 i Ll Im., 1 or Iowa 4r 4" I n A i �, a A' _ • .�'aw *1004 .. rr=� ::jrj 4 r 'i-' ��, is ♦ -�i UJI ., ♦ +� .. ��. �'.�. Nam. {} y Fly- , '• t 1'�' r/`. .. \ 9 /1 an / ur U. PitLl ` {t INC Is 711, a 111,110 A, Given this change in policy, the City Council decided to only grant a 1 year permit for the yurts, the tent in the Mill Street Courtyard and the dome in the Mountain Plaza Courtyard. In addition, the Council granted a five year renewal of the permit to erect the special events tent in the Fountain Courtyard, authorizing up to 40 days per year for that tent through 2027. These approvals were granted pursuant to Resolution 128, Series of 2022 (attached hereto as Exhibit #8). Early in 2023, the applicant requested building permit approval to erect the approved special events tent in the Fountain Courtyard. Upon review of this request, the City staff pointed out that there were two small tents which were proposed to be connected to the main special events tent which would also need to obtain a temporary use permit from the City Council. A diagram illustrating the special events tent configuration, including these two minor elements, can be found on the following page. The first of these tents connects the special events tent to the hotel lobby, so guests can walk from the lobby into the main tent within an enclosure. The second tent connects the special events tent to the hotel's supporting areas, so employees can walk from the main tent to the hotel's back of house operations in an enclosure. Each of these tents is approximately 10' x 20' (200 square feet) in size. Neither of the connecting tents is intended for congregating or other special events activities; they are simply used to allow guests or employees to pass through into the main tent. Therefore, as part of this application, the applicant is hereby requesting that the City Council amend the temporary use permit granted by Resolution 128 to also authorize the erection of these two small connecting elements. A response to the standards for temporary use review can be found in Section VII of this application. Minor PD Amendment for St. Regis Aspen Resort Seasonal Structures Page 14 .................................... — ................................... ........................................................... ........... Fountain Courtyard Tent Setup 5 Feet Fountain Courtyard Tent Setup for Hotel - March 1. 2022 at 12:00:00OPM Analysis of Key Issues Associated With the PD Amendment Following the 2022 approval of the temporary use permit, the applicant concluded that the City's Temporary Use Permit procedures could no longer offer a predictable way by which the St. Regis Aspen Resort could operate its commercial activities on a long term basis. The St. Regis Aspen Resort needs this kind of predictability in order to commit to long term leases with the operators of these spaces and to plan for the kinds of activities which it hopes can occur on this property each winter and summer season. These kinds of activities were not contemplated when the original PD review was being accomplished by the City in the late 1980's and so the adopted PD does not address them in any manner. Given this, the applicant entered into discussions with the staff to seek a way to more permanently approve these seasonal structures to achieve the goal of long term predictability in the operations of the resort. Staff and the applicant agreed that the way to accomplish this would be to amend the approved PD. Staff went on to inform the applicant that this could be accomplished through a minor PD Amendment which would primarily address the following three issues: 1. Employee generation/affordable housing mitigation for the proposed structures; 2. Ways to ensure that the structures are operated in a sustainable manner from an energy use standpoint; and 3. Commercial design review of the proposed structures. The first of these issues was addressed comprehensively in the original PD review for the facilities proposed at that time, but did not consider the possibility of seasonal structures. So staff and the applicant agreed that it would be necessary to evaluate the employee generation and affordable housing mitigation associated with the original PD approval and conduct an audit of the current level of employment of the entire St. Regis operation. Based on this analysis, a determination could be made of whether there is a deficit or surplus of affordable housing being provided today by the St. Regis and whether there would need to be additional mitigation provided to authorize these seasonal structures on a more permanent basis. The other two issues were not directly addressed in the original approval, since the kinds of standards which the City has in place today concerning these topics had not been adopted in the 1980's. Therefore, these two topics would need to be addressed considering current policies and regulation. Following below is an analysis of the employee generation/affordable housing mitigation and energy efficiency/sustainability issues. Commercial design review is addressed in Section VI. of this application booklet. Minor PD Amendment for St. Regis Aspen Resort Seasonal Structures Page 16 A. Employee Generation and Affordable Housing Mitigation The original development application for the Aspen Mountain Subdivision/PUD was approved by the City in 1985. The first amended PUD application was approved in 1988. These two applications contained comprehensive analyses of the number of employees which the PUD would generate and the affordable housing mitigation which the owner would be required to provide. The First Amended Agreement sets forth the understandings which the City and the owner reached and the obligations for providing affordable housing mitigation, which were to be met by the then -owner of the property. Exhibit #9 is a copy of the Employee Housing section (13.4) of that Agreement. It states that the owner's obligation was to provide off -site employee housing for 60% of the full time equivalent employees generated for Hotel Phase 1, Galena Place and Summit Place. The analyses conducted by the then -owner determined that to meet the 60% mitigation standard for the hotel, housing would need to be provided for 161.5 employees (269 FTE's x 0.6 = 161.4 FTE's). However, as an inducement to the City to approve the amended PUD, the then -owner agreed that affordable housing mitigation would instead be provided for up to 331 FTE's which the project might generate. The applicant was therefore required to mitigate for 60% of that larger number, for a mitigation requirement of 198.5 FTE's (331 x 0.6 =198.6 FTE's). The original 1985 PUD Agreement, as amended by the 1988 Agreement, set forth the following obligations for providing affordable housing mitigation for the.198.5 FTE's: The Alpina Haus was an existing small lodge which the owner converted to affordable housing for hotel employees. It contained 43 units, comprised of 40 hotel rooms, 2 studio apartments and 1 dorm apartment. The First Amended PUD Agreement credited the owner with housing 46 employees for converting and deed restricting these lodge units as affordable housing. The Copper Horse was also an existing small lodge which the owner converted to employee housing for hotel employees. It contained 14 units, comprised of one 1- person room, six 4-person rooms, four 3-person rooms and three 2-person rooms. The First Amended PUD Agreement credited the owner with housing 43 employees for converting and deed restricting these lodge units as affordable housing. • The Grand Aspen Hotel was the name given to the Hotel project which was to be built on Lot 5 of the Aspen Mountain PUD. Within that project, there were to be 4 units, comprised of four hotel rooms. The First Amended PUD Agreement credited the owner with housing 3.5 employees in these rooms. • Ute City Place was a new affordable housing project which the owner was required to build. It was to contain 22 units, comprised of six studios, twelve 1 bedroom units, and four 2 bedroom units. The First Amended PUD Agreement credited the owner with housing 37 employees for building this project and deed restricting it as affordable housing. Minor PD Amendment for St. Regis Aspen Resort Seasonal Structures Page 17 Hunter Longhouse was an existing affordable housing project which was facing a critical financial obligation in order to maintain its status as affordable housing. The then -owner delivered a one-time $250,000 subordinated equity capital investment which resolved this financial shortfall. The then -owner also recorded a new deed restriction for this project, ensuring it would remain affordable housing. In return for completing these two actions, the PUD Agreement credited the owner with housing 69 employees. In summary, following is the housing which the owner provided at the time of construction of the Hotel and associated residential projects: Alpina Haus 46 employees Copper Horse 43 employees Grand Aspen 3.5 employees Ute City Place 37 employees Hunter Longhouse 69 employees Total 198.5 employees An additional affordable housing obligation set forth in the First Amended PUD was that an audit of the hotel would be performed after the second full year of the hotel's operation to determine the actual number of full time equivalent employees (FTEE's) working in Hotel Phase 1. It went on to state the following: "in the event the audit determines that Hotel Phase 1 has a higher FTEE count than 269, the owner shall provide employee housing for sixty percent (6096) of the number in excess if such 60% number added to 161.5 is greater than 198.5." The City's records indicate that the required audit of Hotel Phase 1 was conducted using the 1993-1994 payroll records. The audit verified the original calculation of employment for the property and concluded that the mitigation which had been provided for 198.5 employees was acceptable. In 2003, when the property was being converted into a timeshare project, another comprehensive analysis of the Hotel's employee generation was conducted. The applicant prepared an evaluation of the total number of employees who were projected to work on the property, considering that there was to be a substantial reduction in lodge rooms due to the timeshare approval (from 257 units to 192 units) combined with an increase in support services such as the establishment of a spa use. The applicant's calculations indicated that the proposed changes would result in a net reduction in the number of employees. However, the City's calculations indicated that there would be a net increase in employees. Therefore, the City decided to approve the timeshare conversion, pursuant to Ordinance 25, Series of 2003 (see Exhibit #10). Condition 3 of the Ordinance required an audit to be conducted after one fiscal year of the date of issuance of a certificate of occupancy of the new facilities. Condition 4 stated that: Minor PD Amendment for St. Regis Aspen Resort Seasonal Structures Page 18 "Should the housing audit show an increase in the number of employees over those mitigated for in the original PUD (331 employees, or 60% of 331 which equals 198.5 employees)... the applicant shall provide deed restricted, affordable housing for 60% of any additional employees of the new facilities. The required audit was submitted to the Housing Authority in 2010 and covered operations in the Hotel and spa for the years 2006 through 2009. The audit verified the fact that at no time during this period did employment at the St. Regis exceed the 331 FTE limit for which 198.5 FTE's of affordable housing mitigation had been provided by the original owner (see Exhibit #11). The Housing Authority accepted the audit and no additional affordable housing was required at that time. As part of this current application to amend the PD, the applicant has performed an updated audit of the employment at the Hotel and all associated commercial operations, following the same methodology that was used in 2010. The audit was done during the winter of 2022-2023, at a time when all of the facilities for which permanent approval is being sought (that is, the Snow Lodge Tent, the Fountain Courtyard yurts and the retail dome) were in operation. Therefore, the following summary includes all of the employees who are generated to operate the Hotel and its associated commercial activities: Use Employees Generated St. Regis Aspen 292 FTE's Snow Lodge 24 FTE's Aspen Sports 6 FTE's Aspen Outfitting 5 FTE's Richard Mille 1 FTE Total 328 FTE's This audit demonstrates that the Hotel and all associated commercial uses are.expected to remain within the limits of the prior mitigation following the approval of this PD Amendment. The applicant would agree to conduct a follow-up audit of the operations within two years after the approval of this PD Amendment to confirm the results of the 2022-2023 audit. The basis for conducting a follow-up audit can be found in Section 26.470.050.c.5 of the Land Use Code which establishes the standards by which the City conducts an employee generation review. The applicable language from this section reads as follows: Any applicant who believes the employee generation rate is different than that outlined herein may request an employee generation review with the Planning and Zoning Commission during a duly noticed public heating, pursuant to Section 26.304.060(e). In establishing employee generation, the Planning and Zoning Commission shall consider the following: Minor PD Amendment for St. Regis Aspen Resort Seasonal Structures Page 19 (1) The expected employee generation of the use considering the employment generation pattern of the use or of a similar use within the City or a similar resort. (2) Any unique employment characteristics of the operation. (3) The extent to which employees of various uses within a mixed -use building or of a related off -site operation will overlap or serve multiple functions. (4) A proposed restriction requiring full employee generation mitigation upon vacation of the type of business acceptable to the Planning and Zoning Commission. (5) Any proposed follow-up analyses of the project (e.g., an audit) to confinn actual employee generation. The requirements of any proposed follow-up analysis shall be outlined in a Development Agreement, pursuant to Chapter 26.490. The employee generation rate for commercial, uses in the Lodge zone district is 4.7 employees per 1,000 square feet. The applicant believes that this generation rate is not applicable to this proposal because the proposed commercial operations within the Snow Lodge tent, the Fountain Courtyard yurts and the Mountain Courtyard dome would only take place during the winter ski season and not on a year round basis. That is the reason that the applicant has instead conducted a comprehensive inventory of the actual employment generated by these operations (and all of the other Hotel operations) to provide the most accurate and comprehensive possible picture of employment at the St. Regis Aspen Resort. The applicant requests that the City accept this audit as the employment generation rate for purposes of this application. As a final note, the applicant would point out that in addition to the 198.5 employees who are housed due to the original affordable housing actions which were accomplished by the original owner, the St. Regis also owns several properties outside of the City of Aspen which house current employees of the Hotel, as follows: Two properties along Twining Flats Road (Woody Creek area) contain 14 beds and 18 beds respectively, which provide a total of 32 beds of employee housing. A property in El Jebel, which provides 6 beds of employee housing. The Frontier Lodge in Glenwood Springs, which provides 26 beds of employee housing. The applicant recognizes that because these units are all located outside of the Aspen Growth Boundary, they would not qualify as mitigation units if the City were to require additional mitigation from the St. Regis. However, based on the analysis provided above, no such additional mitigation is required for this application. Nevertheless, the units do represent housing which is currently being provided by the St. Regis and are a demonstration of the applicant's continuing commitment to meeting the needs of its employees. Minor PD Amendment for St. Regis Aspen Resort Seasonal Structures Page 20 B. Sustainable Operation of the Hotel One of the concerns raised by the City Council during the review of the prior temporary use permit applications is that operating seasonal structures can consume significant levels of energy and is often done utilizing devices which are dependent upon fossil fuels for energy generation. The St. Regis shares this concern and is prepared at this time to put forth an energy efficiency proposal to make the Hotel's operations more sustainable. This proposal is attached hereto as Exhibit #12. The proposal points out that currently, exterior events in the courtyard of the Hotel are heated by propane outdoor heaters and tented events are heated by portable natural gas fired furnaces. The St. Regis intends to replace the existing natural gas furnaces with electric forced air furnaces. In order to do so, the St. Regis must first replace the existing outdoor receptacles and install additional dedicated adapters for powering the furnaces. The St. Regis will then take the next step of beginning to generate its own energy on -site. The rooftop is currently covered with abandoned solar thermal tubes on a previously installed steel beam racking system. This racking system has been evaluated and it -has been determined that new solar photovoltaic panels can be installed in the same location once the solar thermal panels are removed. This solar photovoltaic array is projected to be approximately 55-60 kw in size and is anticipated to potentially produce around 80,000 kwh's annually, according to preliminary calculations prepared by Sunsense Solar. Another sustainability opportunity comes in the form of installing EV charging stations and battery storage facilities in the hotel's parking garage. The St. Regis currently has two EV charging stations in the parking garage. The St. Regis would propose to install several additional EV charging stations in the garage. The number of EV stations to be installed will depend on the final calculations of the amount of energy which will be supplied by the solar array as well as the availability of garage space. The St. Regis will also install a battery storage facility to capture and utilize the energy from the rooftop solar facility. The battery storage will add to the Hotel's overall energy resiliency, provide a source of emergency power backup and allow for a reduction in the Hotel's peak -time energy demands. The work necessary to complete these tasks has been divided into three phases. The St. Regis would replace the outdoor receptacles, install additional adapters and purchase the electric forced air furnaces during the regularly scheduled fall closure (October -November, 2023) so that the new furnaces would be operational when the Hotel re -opens in the winter of 2023. The rooftop solar system would be replaced and the EV stations and storage battery would be installed following approval of this PD Amendment. The St. Regis would submit a building permit for installation of the new solar system, EV stations and battery during the spring of 2024 and would complete the installation within one year of when the City issues the building permit for the project. Minor PD Amendment for St. Regis Aspen Resort Seasonal Structures Page 21 IV. Responses to Standards for Minor PD Amendment Section 26.445.110 of the Land Use Code establishes the procedures and standards for PD Amendments. It states that amendments to. PD'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 PD Agreement exceeds the threshold for an "insubstantial amendment" and should be classified as a "Minor PD Amendment". Section 26.445.110 D. of the Land Use Code, which governs Minor PD 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 PD's (Sec. 26.445.050). Most of these review standards are more applicable to new development than to a minor amendment to an existing development for seasonal structures. Therefore, substantive responses are only provided to those standards which apply to this proposal. PUD Proiect Review Standards A. Compliance with Adopted Regulatory Plans. Response: The St. Regis is located within the heart of Aspen's mountain base area, where tourist uses are concentrated. The proposed seasonal structures are intended to meet the needs of tourists and therefore would be entirely consistent with the character of Aspen's principal tourist neighborhood. The St. Regis is also located within the Lodge zone district. The stated purpose of this 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 seasonal structures will be fully consistent with this purpose by enabling visitors to attend the kinds of events and to enjoy the type of year round outdoor dining and shopping they expect to find in a first class resort property like the St. Regis. The Aspen Area Community Plan (AACP) is Aspen's aspirational policy guide to land development and sets forth Aspen's vision for the future of the community. Two of the key policies in the AACP which address community and economic sustainability are as follows: • Achieve sustainable growth practices to ensure the long term viability and stability of our community and diverse visitor -based economy. • Explore and evaluate qualitative improvements to the Aspen area's visitor -based economy that address the interests of future generations. The proposed seasonal structures will provide an added measure of diversity and stability to Aspen's, visitor -based economy by offering a unique set of outdoor -oriented dining and shopping opportunities. The temporary structures which allowed such opportunities were a lifeline to Aspen's businesses during the pandemic. While the City has expressed its Minor PD Amendment for St. Regis Aspen Resort Seasonal Structures Page 22 intent that temporary uses should have a more limited role in the community going forward, there is still a need for certain businesses to offer winter outdoor dining and shopping experiences because our visitors have come to expect to find them when they travel and they enjoy the diversity and vitality that they offer. Many travel destinations have made these uses a permanent part of their economy. The St. Regis provides a place to have such uses occur entirely on private property, with no impacts on the public streets. It is also important to recognize that the hotelltimeshare units at the St. Regis fill an important niche in Aspen's overall tourist accommodations inventory. The commercial uses which will occur within the proposed seasonal structures provide an essential level of economic and functional support to the winter operations of the Hotel. Finally with respect to sustainable growth practices, Section III of this application provides a detailed description of the full set of actions the St. Regis is committed to undertaking to reduce its dependence upon fossil fuels and increase its use of renewable sources of energy. These actions, which will address how energy is used within the seasonal structures and also how it is supplied throughout the St. Regis Hotel, will help the City to achieve its goals for reducing the carbon footprint of the Aspen Area and minimizing greenhouse gas emissions from both existing and new development, both of which are key policies of the AACP. B. Development Suitability. Response: A comprehensive analysis of the suitability of this site for development was conducted 'at the time the PUD was originally reviewed and approved by the City. It found that there were no natural or man-made hazards which would prohibit the development of a hotel on the site. The locations planned for the seasonal structures are all within the footprint of the Hotel and so should not be threatened by any such hazards. C. Site Planning. Response: The proposed structures would all be erected within open courtyards which are located towards the center of the St. Regis Aspen Resort. These locations are identified on the site drawing which depicts the existing footprint of the Hotel. The St. Regis has erected tents in these locations for the past several years and has found that guests enjoy the special outdoor -style dining, entertainment and shopping experiences they have in these spaces. While these structures may have originally been needed for the resort to continue to operate during the pandemic, they have evolved into a more basic part of the visitor experience in Aspen. One need only look around during Aspen's annual Food and Wine weekend to see just how widespread the use of seasonal tents has become within the City, particularly within Aspen's tourist serving areas. The courtyards provide an appropriate setting for these uses and structures for the following reasons: Minor PD Amendment for St. Regis Aspen Resort Seasonal Structures Page 23 • The Fountain Courtyard is a year round location for special events such as weddings and receptions and is an integral part of the Hotel's operation. Having yurts operate within this Courtyard in the winter activates what might otherwise be an underutilized space. • The Mill Street Courtyard is used for outdoor dining in the warmer months of the year as part of the on -site restaurant and bar activities within the Hotel. Having a tent. erected in this area in the winter also brings this Courtyard back to life and keeps it functioning as it does in summer season. • The dome in the Mountain Plaza Courtyard allows a small retail business to operate there. The St. Regis Hotel has included retail uses dating back to its original approval, when the wing of the Hotel along Durant Street was designated as a commercial space. There are also several small retail spaces that operate within the Hotel lobby area. This small dome brings this courtyard to life as is depicted in the photos we have provided. The courtyard locations significantly reduce the visual impacts of these structures on the community. For example, the Fountain Courtyard is enclosed within the footprint of the Hotel, effectively eliminating any visual and lighting impacts from events and also helping to limit any noise impacts an event might have. A picture showing the planned layout of the yurts within the Courtyard has been provided. Another factor which limits the impacts to the public from these structures is that several of them will be installed where they are not visible off -site. The Mill Street Courtyard is located well below the public street, making that dining tent relatively invisible to the public. The Fountain Courtyard is located within the wings of the Hotel and has no visual presence from any of the surrounding public streets. The hotel's courtyards are all located entirely on private property, so having structures within them will place no demands whatsoever on the public right-of-way (streets' and sidewalks). The tents have been configured to allow pedestrians to continue to effectively circulate through the courtyard spaces. The St. Regis has a vested interest in managing noise levels from uses within these structures, since they are within the Courtyards and would impact Hotel guests and residence owners as much or more than anyone' in the neighborhood. Therefore, any loud amplified music or similar entertainment that occurs at special events has been, and will be, limited to 9 PM. Dining hours typically end at around 10 PM, which would control the impacts from occupancy of the dining tents. The St. Regis will also keep any music within the tents to background levels and will not use either outdoor lighting or outdoor amplified music as part of the dining experience. D. Dimensions. Response: The three types of seasonal structures which the applicant is proposing each represent new floor area being added to this property. The floor area of the proposed Minor PD Amendment for St. Regis Aspen Resort Seasonal Structures Page 24 structures would be as follows: • The tent in the Mill Street Courtyard would be 20' x 50', which equates to a floor area of 1,000 square feet. • Each yurt in the Fountain Courtyard has a 16' diameter, which equates to a floor area of 212 square feet. Therefore, the four yurts would comprise a total floor area of 848 square feet. • The dome in the Mountain Plaza has a 30' diameter. Therefore, it would contain approximately 707 square feet of floor area. The total floor area of these temporary structures would, therefore, be 2,555 square feet (1,000 + 848 + 707 = 2,555 square feet). According to the First Amended PUD Agreement, the approved floor area of Hotel Phase I was 190,000 square feet. Therefore, approval of the requested PD amendment would increase the approved floor area of the Hotel to 192,555 square feet. No changes are proposed to the other dimensions' established by the approved PUD plan. E. Design Standards. Response: Responses to the applicable provisions in the City's adopted Commercial Design Standards can be found in Section VI. of this application booklet. F. Pedestrian, Bicycle and Transit Facilities. G. Engineering Design Standards. H. Public lnfrastnrcture and Facilities. 1. Access and Circulation. Response: During the pre -application discussions held between the applicant and the staff, the applicant was informed that responses to the above standards would not be required as part of this application. Minor PD Amendment for St. Regis Aspen Resort Seasonal Structures Page 25 V. Growth Management Review The three types of seasonal structures which the applicant is proposing each represent new net leasable space being added to this property. As explained above, the area of these structures would be as follows: 1. The tent in the Mill Street Courtyard would be 20' x 50', for a net leasable area of 1,000 square feet. 2. Each yurt in the Fountain Courtyard has a 16' diameter. Therefore, each yurt would have a net leasable area of 212 square feet. The four yurts would have a net leasable area of 848 square feet. 3. The dome in the Mountain Plaza has a 30' diameter. Therefore, it would contain approximately 707 square feet of net leasable area. The total net leasable area of these temporary structures would be 2,555 square feet (1,000 + 848 + 707 = 2,555). According to Sec. 26.470.100.e, of the Land Use Code, "The expansion of an existing commercial building or commercial portion of a mixed -use building or the development of a new commercial building or commercial portion of a mixed -use building shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on general requirements outlined in Section 26.470.080." Sec. 26.470.080 sets for the general review standards for all growth management applications. This section requires that: "All Planning and Zoning Commission and City Council applications for growth management review shall comply with the following standards. (a) Sufficient allotments. Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Section 26.470.040(b). Applications for multi -year development allotment, pursuant to Section 26.470.110(a) shall be required to meet this standard for the growth management years from which the allotments are requested. Response: Section 26.470.040 of the Land Use Code authorizes up to 33,000 square feet of net leasable commercial square footage per year. The applicant is requesting that 2,500 square feet of that total be allocated to this project. (b) Development conformance. The proposed development conforms to the requirements and limitations of this Title, of the zone district or a site -specific development plan, any adopted regulatory master plan, as well as any previous approvals, including the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the Planned Minor PD Amendment for St. Regis Aspen Resort Seasonal Structures Page 26 Development - Project Review approval, as applicable. Response: The other sections of this application demonstrate that this application conforms to the applicable requirements of the Land Use Code and the Aspen Area Community Plan. Amendments to the adopted Planned Development (PD) for the St. Regis have been requested so the PD Plan properly addresses the proposed seasonal structures. (c) Public infrastructure and facilities. The proposed development shall upgrade public infrastructure and facilities necessary to serve the project. Improvements shall be at the sole costs of the developer. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking and road and transit services. Response: No new infrastructure or utilities will be needed to serve the proposed seasonal structures, as they have been part of the basic hotel operation for the past several years. In addition, a sustainability report has been provided demonstrating how the applicant proposes to convert major aspects of the Hotel's operations from fossil fuel sources to renewable energy sources, including a proposal for on -site solar energy generation, which will substantially reduce the property's dependence upon fossil fuels. (d) Affordable housing mitigation. For commercial development, sixty-five (65) percent of the employees generated by the additional commercial net leasable space, according to Section 26.470.050(b), . Employee Generation Rates,' shall be mitigated through the provision of affordable housing. Response: Section III of this application describes the affordable housing audit which the applicant conducted based on the operation of the Hotel and all of its associated commercial operations during the 2022-2023 winter season. That audit demonstrates that these operations are served by a workforce consisting of 328 full time employees. The current PD approvals for the Hotel were based on an analysis showing that the Hotel and all associated operations would generate a total of 331 employees. The original developers of the Hotel provided affordable housing mitigation for 198.5 employees, which represented 60% of the 331 employees generated. That level of housing mitigation complied with the City Code requirements which were in effect at that time. Follow-up audits conducted by the Housing Authority in 1993-1994 and again in 2010 found that the Hotel operations have employed. no more than 331 FTE's and therefore the original level of housing mitigation was deemed to be acceptable. Since the current level of employee generation, including the operation of these seasonal structures, also does not exceed 331 FTE's, the City should not require additional affordable housing mitigation as part of this PD Amendment. Instead, the applicant agrees to conduct a follow-up audit within two years of this approval to demonstrate the level of employment for all Hotel operations, to determine whether further affordable housing mitigation should be imposed. Minor PD Amendment for St. Regis Aspen Resort Seasonal Structures Page 27 Affordable housing mitigation does, however, need to be provided for the requested amendment to the temporary use permit which the City granted for the Fountain Courtyard special events tent. Section 26.470.090 (f of the Code' 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 two proposed connecting tent structures are subject to the mitigation requirement. Since the main tent has already utilized the 14 day exemption, mitigation is calculated based on the full 40 days these tents may be erected per year. Following is the calculation of the fee which applies to these proposed temporary structures, 'using the methodology specified in the Land Use Code. • Combined area of two connecting tents = 400 square feet 400 sq. ft. x 4.7 FTEs/1,000 sq. ft. =1.88 FTEs generated. • 1.88 FTEs x 65% mitigation rate = 1.22 FTEs to be. mitigated if structures were in use 100% of year. • 1.22 FTEs / 365 days per year = 0.0033479 daily rate. • 40 days to be mitigated. • 0.0033479 x 40 days = 0.133916 FTEs to be mitigated. • 0.133916 FTEs x $328,533 Category 4 cash -in -lieu rate = $43,995.83 • $43,995.83/ 30 year lifespan = $1,466.53 due annually for mitigation for the two connecting tents, to be erected for up to 40.days ($36.66 per day erected). The applicant agrees to make these payments in conjunction with the building permit applications to erect these tents. Minor PD Amendment for St. Regis Aspen Resort Seasonal Structures Page 28 VI. Commercial Design Review Section 26.412.010 of the Land Use Code states that: "The purpose of Commercial Design Review is to foster appropriate building design that creates walkable neighborhoods and supports Aspen's unique heritage. The review standards do not prescribe architectural style, but do require that certain building elements contribute to the streetscape and neighborhood character." According to Section 26.412.020, Commercial Design Review applies to all commercial, lodging and mixed -used development within the City which requires a building permit and which alters the exterior of a building. While this application does not propose a new building or a significant addition to or remodel of an existing building, the seasonal structures do require a building permit. Therefore, the applicant has been directed to respond to the applicable design guidelines. Section 26.412.060 of the Code sets forth the following criteria by which a Commercial Design Review may be approved: 1. The Commercial, Lodging and Historic District Design Standards and Guidelines are met as determined by the appropriate Commission. The Standards and Guidelines include design review criteria that are to be used to determine whether the application is appropriate. Response: The staffs review of the prior 2017, 2018 and 2022 Temporary Use Permit applications for the St. Regis identified the commercial design guidelines which most directly apply to the proposal to erect these seasonal structures on this site. Following are the applicant's responses to the applicable commercial design guidelines. 1.22 Complete and accurate identification of materials is required. Response: The photos provided in this application illustrate the type of materials that will be used. The exterior materials on the seasonal structures will be polyester or canvas coated with vinyl or acrylic, similar to most of the tents which are used at events throughout Aspen. Heaters will be provided within each of the structures and. there will also be lighting provided inside (but not on the outside) of the structures. 1.23 Building materials shall have these features. • Convey the quality and range of materials found in the current block context or seen historically in the Character Area; • Convey pedestrian scale; • Enhance visual interest through texture, application, and/or dimension; • Be non -reflective. Shiny or glossy materials are not appropriate as a primary material. • Have proven durability and weathering characteristics within Aspen's climate. Minor PD Amendment for St. Regis Aspen Resort Seasonal Structures Page 29 • A material with an integral color shall be a neutral color. Some variation is allowed for secondary materials. Response: This standard was first used by staff in the 2022 review. The applicant believes this standard is most applicable to a permanent structure or addition and has less applicability to a seasonal tent , yurt or dome. Nonetheless, the applicant would point out that all of the structures are made of non -reflective materials which have a neutral color. The structures are made from materials which have proven to be durable throughout their use at the St. Regis (the hotel owns all of the structures proposed to be erected) and elsewhere around Aspen. The structures are similar in style and materials to the tents which are erected at multiple sites in the downtown area and Lodge district during the Food and Wine weekend and for other special events and seasonal needs in Aspen. 6.2 Place building into the topography to minimize visual impacts from downtown and to reinforce a strong relationship to the mountain. Response: The location of the temporary structures below street grade in the Mill Street Courtyard and within the wings of the Hotel in the Fountain Courtyard will shield them from view from downtown and also from surrounding properties. The proposed dome will be visible from Monarch Street but not from downtown. 6.4 Incorporate open space into building placement and design. 6.6 Create interest along the street, for instance by providing places for the public to sit Response: All of the structures will be located in open courtyards on the property. This will bring vitality to what would otherwise be under-utilized outdoor spaces during the winter season. The dome will be visible to pedestrians along Monarch Street and will help to draw them into the property. 6.7 Carefully plan parking areas and loading zones to minimize visual impact. Response: There will be no need for a loading zone for delivery or removal of the structures since the St. Regis owns the structures and stores them on -site. The food, drink and other supplies served in the structures will be ' delivered through the on -site restaurants, with off-street delivery occurring at the main loading zone off Dean Street. 2. All applicable standards in the Commercial, Lodging and Historic District Design Standards and Guidelines shall be met unless granted a Variation pursuant to Section 26.412.040(d), Variations. Response: The applicant is not requesting any variations from the Design Standards and Guidelines. 3. Not every guideline will apply to each project, and some balancing of the guidelines must occur on a case -by -case basis. The applicable Commission must: Minor PD Amendment for St. Regis Aspen Resort Seasonal Structures Page 30 a. Determine that a sufficient number of the relevant guidelines are adequately met in order to approve a project proposal; and b. Weigh the applicable guidelines with the practicality of the measure. Response: The responses which are provided demonstrate that a sufficient number of the relevant Design Standards and Guidelines have been adequately met. 4. The proposed development shall meet the requirements of Section 26.412.070, Pedestrian Amenity. Response: The proposed seasonal structures will all be located in privately provided courtyards which represent ideal types of pedestrian amenity space. The structures will help to activate these spaces and make them usable by pedestrians throughout the year, which is the fundamental purpose of the pedestrian amenity section of the Code. Minor PD Amendment for St. Regis Aspen Resort Seasonal Structures Page 31 VII. Standards for Review of Temporary Uses As explained above, when the City Council granted the temporary use permit in 2022 for the special events tent in the Fountain Courtyard, the applicant was not aware of the need to inform the City that there are also two small tents which are typically connected to the main special events tent. The applicant has since learned that these connectors require City Council approval. Therefore, the applicant is hereby requesting that Council amend the temporary use permit granted by Resolution 128 to authorize the erection of these two minor connectors. The first of these tents connects the special events tent to the hotel lobby so guests can walk from the lobby into the main tent in an enclosure. The second tent connects the special events tent to the Hotel's supporting areas so employees can walk from the main tent to the Hotel's back of house operations in an enclosure. Each of these tents is approximately 10' x 20' (200 square feet) in size and is shown on the drawing illustrating the configuration of the special events tent. Neither of the connecting tents is intended for congregating or other special events activities; they are simply used to allow guests or employees to pass through into the main tent. 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: A. The location, size, design, operating characteristics and visual impacts of the proposed use. Response: The proposed temporary structures would be erected within the Fountain Courtyard which is located towards the center of the St. Regis Aspen Resort. This location is identified on the site drawing which depicts the existing footprint of the Hotel. In its approval of the main special events tent, the City Council determined that the courtyard location limits the visibility of the temporary structures from the public. The Fountain Courtyard is enclosed within the footprint of the Hotel, effectively minimizing any visual and lighting impacts from events and also helping to limit any noise impacts the event might have. This Courtyard has no visual presence from any of the surrounding public streets. B. The compatibility of the proposed temporary use with the character, density and use of strictures and uses in the immediate vicinity. Response: The St. Regis is located within the heart of Aspen's mountain base area, where tourist uses are concentrated. In its approval of the main special events tent, the City Council concluded that this proposed temporary structure would be fully compatible with the character of this tourist neighborhood. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic pattems, municipal services, noise levels and neighborhood character. Minor PD Amendment for St. Regis Aspen Resort Seasonal Structures Page 32 Response: The proposed tents will not have any significant impacts on pedestrian and vehicular traffic nor place unusual demands on municipal services. The St. Regis Aspen Resort owns the tents so there will be not be a need for these structures to be delivered to the site for -every special event. The St. Regis has a vested interest in managing noise levels from events since activities would occur within the Hotel's courtyards, which would impact Hotel guests and residence owners as much or more than anyone in the neighborhood. Therefore, any loud amplified music or similar entertainment that occurs at special events has been, and will be, limited to 9 PM. The St. Regis will also keep any music within the tents to background levels and will not use either outdoor lighting or outdoor amplified music as part of the dining experience. 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 City recently permitted the Fountain Courtyard Tent to be erected for up to 40 days . per year during the spring, summer and fall. The permit was issued for five (5) years, from 2022-2023 to 2026-2027. The applicant is requesting that the connector tents be authorized to be erected for the same number of days and time period. 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 and to enjoy the type of year round outdoor dining 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 erection of tents for special events has become quite commonplace in the central area of Aspen in recent years. These tents range from those erected on City and private properties for the Food and Wine Classic and other widely attended events, to the tents that are regularly erected throughout the year at other 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. One outcome of the 2020/2021 pandemic was that visitors to Aspen became accustomed to being able to dine outdoors not just in the warmer summer months but also throughout the rest of the year, whether in a tent, yurt or dome. It is reasonable to expect that the demand for these kinds of experiences will continue even as the effects of the pandemic Minor PD Amendment for St. Regis Aspen Resort Seasonal Structures Page 33 fade away. It is important to note though, that unlike many of the outdoor installations which were authorized in Aspen during the pandemic, which required use of the public right-of-way (streets and sidewalks), this proposal would occur solely on private property and would place no demands upon the public. G. How 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 desirable amenities for guests of the St. Regis Aspen Resort who visit Aspen to take part in special events and who also enjoy experiencing life in outdoor spaces throughout the year. The St. Regis has received considerable positive feedback from its guests about the outdoor opportunities which have been provided on -site. Minor PD Amendment for St. Regis Aspen Resort Seasonal Structures Page 34 Vlll. 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.. Minor PD Amendment for St. Regis Aspen Resort Seasonal Structures Page 35 EXHIBITS EXHIBIT #1 Aspen Office 625 East Hyman Avenue, suite 201 GAUIELD & HECHT, P.C. Aspen, Colorado 81611 ATTORNEYS AT LAW Telephone: (970) 925-1936 Since 1975 Facsimile: (970) 925-3008 www. garfiiel dhecht.com April 6, 2023 VIA EMAIL Chris LaCroix Aspen Owner, LLC Aspen Office c/o St. Regis Aspen Resort clacroix(a,earlieldhecht.com 315 East Dean Street Aspen, Colorado, 81611 Attn.: Kim French, Director of Event Planning and Operations Email: Kim. Frenchastre is.com RE: OWNERSHIP OF ST. REGIS ASPEN Dear Ms. French: 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 to my research of the real estate records of Pitkin County, Colorado, Aspen Owner, LLC, a Delaware limited liability company, 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. Sincerely, GARFIELD & HECHT, P.C. By: Cl�-- Chris LaCroix Copy via email to: Alan Richman DocuSign Envelope ID: 3260A61 E-E78G4236-A069-51 F11 1389A463 EXHIBIT #2 May 17, 2023 Mr. Ben Anderson, Deputy Director City of Aspen Community Development Department 427 Rio Grande Place Aspen, Colorado 81611 RE: LETTER OF AUTHORIZATION FOR ST. REGIS ASPEN RESORT Dear Mr. Anderson, Aspen Owner LLC is the owner of the property commonly known as the St. Regis Aspen Resort and I am the Manager of that entity. I hereby authorize Alan Richman Planning Services, LLC. to submit an application requesting a Minor Amendment to the approved PD for the property. Mr. Richman is authorized to submit the PD Amendment application on our behalf and to represent the St. Regis Aspen Resort in meetings with City staff and the Aspen City Council. Should you need any further information from us during the course of your review of this application, please contact Mr. Richman or you may contact me directly. Sincerely, ASPEN OWNER LLC DocuSkQeod by: V11 bads E8187619C1A94E4... Stephane De Baets, Manager 100 Campus Drive #400 Florham Park, NJ 07932 EXHIBIT #3 DocuSign Envelope ID: 3260A61 E-E78C4236-A069-51 F11689A463 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 that the scope of work Included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed b the property owner or Attomey representina the property owner. Property Name: Aspen Owner, LLC owner C": Email: stephane a@elevatedretum Phone No.: 970-429-9521 Address of St. Regis Aspen Resort Property: 315 East Dean Street (subject of Aspens pen, CO 81611 I certify as follows: (pick one) ❑ This property is not subject to a homeowner association or other form of private covenant. This property is subject to a homeowner 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 properly 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 1 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 do7-5-1-4 Lp public document. Owner signature: Date:5/17/2023 Owner printed name: epnaM De Baets or, Attorney signature: Date: Attorney printed name: April 2020 City of Aspen I i3c) S. Galena St. 1(970) 920 S090 EXHIBIT #4 ®0k CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PRE-23-043 DATE: March 21, 2023 PLANNER: Ben Anderson I ben.anderson@aspen.gov PROJECT: St. Regis — Seasonal Structures — PD Amendment PARCEL ID#: 273718285032, 315 E. Dean Street ZONING: Lodge, Aspen Mountain PD OWNER: Aspen Owner, LLC REPRESENTATIVE: Alan Richman; alan@alanplans.com REQUEST: Minor Amendment to a Project Review DESCRIPTION: The St. Regis Aspen Residence Club and Hotel Condominium is in the Lodge zone district on Lot 1 of the Aspen Mountain PUD. The Aspen Mountain Subdivision and PUD was originally approved in 1985 via Ordinance 14. In the 1990s this location was known as the Ritz Carlton Hotel until 1998, when the property ownership changed, and the location became the St. Regis Hotel. The property has used temporary and/or seasonal structures over the years to facilitate special events. During the City's COVID response, the St. Regis erected several temporary spaces to accommodate dining and retail uses on the property. In late fall of 2022, City Council granted a 1-year approval of these seasonal spaces through a temporary use approval (Resolution #128, Series of 2022). Following that process, St. Regis inquired with ComDev staff about the most appropriate path to permanently approve these structures in bringing long-term predictability to this aspect of the St. Regis' operations. Staff provided direction that a PD Amendment process was likely the path for a review. Staff has held a more detailed, subsequent discussion with St. Regis staff and their representative, Alan Richman. In these discussions, it was determined that a Minor PD Amendment (Project Review) would be the correct review path based on the discussed scope, with other related reviews — including GMQS and Commercial Design. Staff provided direction that two issues would likely be important to City Council consideration of the request: 1) an evaluation of employee generation of the proposed spaces, and 2) a description of the plan for heating these spaces during the winter season that aligns with the City of Aspen's climate goals. On the first topic, the applicant team described efforts to evaluate original employee mitigation required when the St. Regis was first developed, an audit of existing employment for the entirety of the St. Regis operation, and an evaluation of additional employees that would be required to serve these spaces. Staff supports these efforts and suggests that the application propose a mitigation requirement that considers both the realities of the St. Regis operation and the standard Commercial Net Leasable mitigation calculations provided by the Land Use Code. 13o South Galerta Street Aspen. C0 81611-1975 1 P: 970.920.5000 1 F. 970920.5197 1 cityofasnen.com D4021 CITY OF ASPEN On the second topic, staff encourages a description in the application of existing efforts and short and long-term plans of the St. Regis facility to move toward a more sustainable operation from an energy standpoint and to speak specifically about how to reduce the impacts of heating these spaces seasonally. For the Commercial Design Review, the application should respond to the review criteria in 26.412.060 and should also consider any possible implication to Pedestrian Amenity Requirements (26.412.070). Review for the proposal would be a one-step review with City Council. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use Code Land Use Application Commercial, Lodaing, and Historic District Design Standards and Guidelines Relevant Land Use Code Sections: 26.304 Common Development Review Procedures 26.412 Commercial Design Review 26.445.110.D Minor Amendment to a Project Review approval 26.445.070 Project Review Standards 26.470 Growth Management Quota System 26.470.050.0 Employee Generation Review 26.470.080 General Review Standards, GMQS Review by: Staff for complete application. City Council for decision. Public Hearing: Yes (Notice requirements per 26.304.060. E) Fees: Planning Fees: $4,550 (14-hour deposit) Any unbilled portion of the deposit will be refunded at the conclusion of the case. Additional staff hours, if needed, will be billed at $325 per hour. Engineering Referral, deposit of $325 for one hour of staff time. Additional hours may be billed as necessary. Total Deposit: $4,875.00 To apply, submit one PDF copy of the following information directly to ben.anderson@aspen.gov: 13o South Galena Street Aspen. CO 81611-1975 ( R 970,920.5000 1 F. 970.920.5197 1 cityofaspen.corn CITY OF ASPEN ❑ 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, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, 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. ❑ 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 to Application). ❑ Site Improvement Survey (no older than one year from date of application submittal) prepared by a registered land surveyor licensed in the State of Colorado. ❑ 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. To include: o Written responses to applicable review criteria. o Site Plan depicting locations and square footage of proposed structures o Drawings, photos, and/or spec sheets of proposed structures. o Narrative and tabular description of GMQS Employee Generation Review o Narrative of existing efforts and short and long-term plans at the St. Regis facility to improve sustainability of operations related to energy use and relationship to likely energy consumption of the proposed structures. o Narrative of the proposed uses within each structure and a proposed number of days for the season use. Once the application has been deemed to be complete by the Planning Director, you will be requested at that time to submit the application fees. If any additional information is necessary, you will be informed accordingly. t3o South Galena Street Aspen, CO M611.1975 I P: 970.920.5000 1 F. 970920.519*7 1 cityofnapenxom EXHIBIT #5p q�aa a� A� `h ��l CrrY OFASPEN PRE -APPLICATION CONFERENCE SUMMARY DATE: April 17, 2023 PLANNER: Kevin Rayes I kevin.raves@cityofaspen.com 1970.429.2797 PROJECT NAME AND ADDRESS: 315 E. Dean Street I The St. Regis I Installation of Temporary Outdoor Structures PARCEL ID# 2737-182-85-033 REPRESENTATIVE: Alan Richman, Alan Richman Planning Services I Alan@alanplans.com 1970.920.1125 DESCRIPTION: The St. Regis Hotel is located within the Lodge (L) zone district with a Planned Development Overlay (PD). The property is improved with 179 hotel rooms, 25 timeshare units and a variety of accessory uses, including conference/meeting space, ballrooms, a spa, multiple dining areas and retail areas. In 2017, City Council approved the seasonal installation of a tent for up to 40 days per year within the Fountain Courtyard for a total of ten years via Resolution #158, Series of 2017. Council later approved the installation of ten dining yurts adjacent to the Chef s Club for a total of 135 days during the 2018-2019 winter season via Resolution #102, Series 2018. During the height of the COVID pandemic, Council waived Temporary Use Review, Commercial Design Review, and Growth Management requirements for temporary structures via Resolution #86, Series of 2020. The St. Regis installed multiple yurts, tents, and domes throughout the property during the winter months of 2020- 2021 and 2021-2022. As COVID infection rates declined and public health orders were lifted, staff worked with businesses to ensure all temporary structures and related improvements would be removed no later than May 15 2022, at which point all provisions of the land use code went back into effect. In the fall of .2022, Council approved Resolution No. 128, Series 2022, allowing for the following temporary structures on the St. Regis property: Location Improvement I Length of Time I Dimensions 48 days (in 2022 only) & 40 days per year One Tent thereafter through 2027 (pursuant to 3,960 sq. ft. Fountain.Council Reso. #158, Series 2017) Courtyard 16 sq. ft. Four yurts Nov. 21, 2022 -April 9, 2023 diameter /yurt (140 days) 8 seats / yurt Chefs Club.; One tent December 1, 2022 - April 1, 2023 1,000 sq. ft. Courtyard (121 days) Mountain Plaza, One dome December 1, 2022 — January 29, 2023 900 sq. ft. Courtyard (60 days) The 3,960 sq. ft. tent:approved in the Fountain Courtyard accommodates events such as weddings and corporate retreats: The Applicant_seeks approval to erect two smaller tents - each roughly 200 sq. ft. — to supplement the 31960 'so. ft.. tent. One is intended to accommodate back -of -house activities and the other provides weather protection for guests walking between the building and the principal tent. Page 11 Installation of temporary structures requires City Council approval. Council shall consider the request pursuant to the following Land Use Code Sections: 1. Temporary and Seasonal Uses (Land Use Code Chapter 26.450) Temporary uses may be granted by City Council for a period not to exceed 180 consecutive days in a 12- month period. Council will consider the following criteria when reviewing the request to erect a temporary structure: • The location, size, design, operating characteristics, and visual impacts of the proposed use, • The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity, • The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels and neighborhood character, • 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, • The purpose and intent of the zone district in which the temporary use is proposed, • 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, and • How the proposed temporary use will enhance or diminish the public health, safety, and welfare. 2. Commercial Design Review (26.412) The subject property is located within the Mountain Base Character Area as defined in the Commercial, Lodging, and Historic District Design Standards and Guidelines. Improvements located within this character area should incorporate open space into building placement and site design to maximize visual connection with the mountain and to improve the pedestrian experience. Materials should be non -reflective. Use of shiny or glossy materials is not appropriate. The Applicant should carefully consider materials and the cumulative massing of tents proposed within the Fountain Courtyard. Additionally, enclosing the outdoor area will reduce the amount of pedestrian amenity space that currently exists. The Code requires Pedestrian Amenity spaces to be open to the sky, open to view and to contribute to an active street vitality. The applicant should contemplate how to minimize any adverse impacts to the existing pedestrian amenity space. 3. Growth Management Review: Pursuant to Land Use Code Section 26.470.090.F, Growth Management- Temporary Uses and Structures, a temporary tent, external airlock, or similar temporary enclosure is exempt from affordable housing mitigation requirements if erected for 14 days or less in a 12-month period, and approved pursuant to Chapter 26.540, Temporary and Seasonal Uses. If a structure is erected for longer than 14 days in a 12- month period, affordable housing mitigation is required only for the days exceeding 14. Cash -in -lieu may be paid by -right. Pursuant to Land Use Code Section 26.470.050, Growth Management- Calculations, 4.7 employees are generated per 1,000 square feet of Net Leasable space. Sixty-five percent of the employees generated by the additional commercial space are required to be mitigated. Affordable housing is required to be provided at the Category 4 rate. The mitigation calculation includes the expected lifespan of a building, which is currently 30 years. Assuming the outdoor space is 3,117 sq. ft. and the applicant wants to enclose 100 percent of the space for a total of 21 days, the following formula would be used to determine the affordable housing mitigation required: Page 12 3,117 / 1,000 = 3.117 3.117 x 4.7 FTEs = 14.6499 14.6499 x 65% mitigation rate = 9.522435 to be mitigated if the structure were used 100% of the year 9.522435/365 days per year= 0.02608886 daily rate 0.02608886 x 7 days = 0.18262202 FTEs 0.18262202 x $328,533 [Category 4] = $59,997.36 $59,997.36 / 30 years= $1,999.91 due for mitigation of the structure for 7 days* *This calculation is subject to change based on the final design and area that the enclosure covers. **The 14-day Growth Management exemption applies per property, not per structure. The St. Regis has already applied the 14-day exemption for other structures in 2023. Mitigation calculations should omit the 14-day exemption for any structures proposed in 2023. RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.412 Commercial Design Review 26.470 Growth Management Quota System 26.450 Temporary and Seasonal Uses For your convenience — links to the Land Use Application, the Land Use Code, and the Commercial, Lodging, & Historic District Design Standards are below: Land Use Application I Land Use Code I Commercial Design Standards ) REVIEW BY: Community Development staff for complete application and content City Council for Commercial Design Review, Temporary & Seasonal Uses, and Growth Management PUBLIC HEARING: Yes, City Council PLANNING FEES: $1,300 Deposit for 4 hours of staff time (additional or less hours will be billed or refunded at a rate of $325 per hour) REFERRAL FEES: None. TOTAL DEPOSIT: $1,300 APPLICATION CHECKLIST — PLEASE EMAIL APPLICATION TO: CDEHadmins@aspen.gov ❑ Completed Land Use Application and signed Fee Agreement. ❑ HOA Compliance form (Attached to Application) ❑ Pre -application Conference Summary (this document). ❑ An 8 Y:" by 11" vicinity map locating the parcel within the City of Aspen ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, 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 Page 13 agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. The purpose of this requirement is to show that the Applicant has the authority to apply for a Land Use Case. ❑ Applicant's name, address and phone number, within a letter signed by the applicant stating the name, address and phone number of the representative authorized to act on behalf of the applicant ❑ 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. ❑ Drawings/renderings of the proposed structures along with proposed dimensions and number of days to be erected. ❑ A summary of the number of days each tent has been erected so far in 2023. ❑ A recent site improvement survey (no older than 1 year) Once the copy is deemed complete by staff, the following items will then need to be submitted: ❑ Total fee 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. Page 14 li[[�f i![fil[ifillf[liif[fi[iI�[[[ii[[iliilfii[[if�[[f iii[iif ![i EXHIBIT #fi i Ei[[lfl[i RECEPTION#: 643546, R: $23.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 3, 12/05/2017 at 11:05:51 AM RESOLUTION NO. 158 Janice K. Vos Caudill, Pitkin County, CO (SERIES OF 2017) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE TEMPORARY USE OF VARIOUS TENT STRUCTURES AT 315 E. DEAN STREET, LEGALLY DESCRIBED AS LOT 19 OF THE FIRST AMENDED PLAT.OF ASPEN MOUNTAIN SUBDI VISION/PUD, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-182-85-001 WHEREAS, the Community Development Department received an application from Alan Richman of Alan Richman Planning Services, on behalf of 315 E Dean Associates, Inc. requesting Temporary Use approval to erect various temporary use structures on site from December 1, 2017 through November 30, 2018; and WHEREAS, pursuant to Chapter 26.450.050 of the Land Use Code, City Council may grant a temporary use approval for up to.180 days, and no more than ten (10) annual recurrences; and WHEREAS, the City Council reviewed the application and considered the Temporary Use proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing; and, WHEREAS, the City Council approves the tent structure, allowing for a temporary use for forty (40) days; and, WHEREAS, The City Council finds that the request for the extended temporary use proposal to be in accordance with the applicable development standards associated with the request, and has approved it for five (5) annual recurrences. WHEREAS, the City Council finds that this resolution furthers and is necessary for the promotion of public health, safety and welfare. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section I: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves a Temporary Use request to allow the erection of various tents on the subject site, in the Fountain Courtyard, Mountain Plaza, Pool Deck and Chef s Club Courtyard, for 40 days in each calendar year for five (5) years, from 2017 through 2022. After five (5) years, the applicant may submit an application to be reviewed administratively for an additional five (5) annual recurrences (2023-2027). Section 2- Temporary structures that are approved on a site for a period greater than fourteen (14) days are subject to growth management review, resulting in affordable housing mitigation. The applicant is required to provide housing mitigation for forty (40) days. Staff has calculated the amount of affordable housing due for thirty-five (35) days, based on the fees in 2017, as $4,554.44. Affordable Housing mitigation fees will be calculated at the current rate each year. Fees must be paid prior to the placement of any structures on the site. The methodology is shown in Exhibit A. ecti n 3: A tent permit approval, including verification from the Aspen Fire Department that the structure meets all necessary safety requirements, is required prior to the erection of the temporary structure. All material representations and commitments made by the Applicant pursuant to the temporary use proposal as herein awarded, whether in public hearing or documentation presented before the 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 • This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section • If any section, subsection, sentence, clause, phrase, or portion of this resolution 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. APPROVED BY the City Council of the City of Aspen on this 271 day of November 2017. Steve Skadro4, Mayor Approved as to form: J es4R.Tirue, City Attorney Attachments: Exhibit A — Affordable Housing Mitigation Methodology EXHIBIT #7 RESOLUTION NO.102 (SERIES OF 2018) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE TEMPORARY USE OF DINING YURTS IN THE CHEFS CLUB COURTYARD AT 315 E. DEAN STREET, LEGALLY DESCRIBED AS LOT 11 OF THE FIRST AMENDED PLAT OF ASPEN MOUNTAIN SUBDIVISION/PUD, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-182-85-001 WHEREAS, the Community Development Department received an application from Alan Richman of Alan Richman Planning Services, on behalf of 315 E Dean Associates, Inc. requesting Temporary Use approval to erect dining yurts on site from December 2018 through April 14, 2019; and WHEREAS, the applicant received temporary use approval via Resolution #158, Series of 2017 to erect various temporary use structures on site fora total of forty (40) days per year; and • WHEREAS, the applicant received approval for five ,(5) annual recurrences through 2022, with the ability to apply for an administrative approval to be granted by the Community Development Director for five (5) additional years, through 2027; and WHEREAS, pursuant to Chapter 26.450.050 of the Land Use Code, City Council may grant a temporary use approval for up to 180 days, and no more than ten (l 0) annual recurrences; and WHEREAS, the City Council reviewed the application and considered the Temporary Use proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing;' and, ' WHEREAS, the City Council approves the dining yurts, allowing for the temporary use for one -hundred and thirty (135) days during the 2018-2019 winter season; and, WHEREAS, the City Council finds that this resolution furthers and is necessary for the promotion of public health, safety and welfare. . NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves a Temporary Use request to allow the erection of dining yurts on the subject site, in the Chef s Club Courtyard, for 135 days from December 1, 2018-April 14, 2019, with the following conditions: . 1. The applicant is required to comply with all outdoor lighting requirements. ' 2. The applicant is required to pp eq provide adequate accessible seating per building code requirements. The applicant will work with the Building Department and Fire Department to determine all accessibility requirements and submit that plan with the tent permit application. 3. The applicant is required to comply with all ingress and egress requirements. Section 2: Temporary structures that are approved on a site for a period greater than fourteen (14) days are subject to growth management review, resulting in affordable housing mitigation. The applicant received temporary use approval via Resolution #158, Series of 2017 and the 14-day credit_toward the affordable housing mitigation was applied to that request, so the applicant will be required to mitigate for the entire one -hundred and thirty-five (135) day request. Staff has calculated the affordable housing mitigation due based on the fees in 2018, as $6,704.64. Fees must be paid prior to the placement of any structures on the site. The methodology is shown in Exhibit A. . Section 3: A tent permit approval, including verification from the Aspen Fire Department that the structure meets all necessary safety requirements, is required prior to the erection of the temporary structure. All material representations and commitments made by the Applicant pursuant to the temporary use proposal as herein awarded, whether in public hearing or documentation presented before the 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: This resolution shall not affect any existing litigation and shall not operate as an abatement of -any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. If any section, subsection, sentence, clause, phrase, or portion of this resolution 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. APPROVED BY the City Council of the City of Aspen on this 91' day of July 2018. t• Linda Manning, City Cler Steven Skad on, ayor 2 Approved as to form: . z - � �. mes R. True, City Attorney , Attachments: Exhibit A — Affordable Housing Mitigation Methodology Exhibit A Affordable Housing Mitigation Requirements Methodology: Chefs Club Dining Yurts: Yurt Size Number of Yurts Seating Capacfty Area In Sq, Ft B' diameter 2 1 4 seats each 8 50.26 each; 100.52 total IV dlauneter 6 6 seats each. 36 78.54 each; 471.24 total 12dtmeter 2 8-10 seats each 16-20 113.10 each; 226.20 total* Total Total of 10 Total of 60-64 seats- 797.96 sq. ft. In total • • 797.96 sq. ft./ 1,000 sq. ft. = .798 sq. ft. • .798 sq. ff. x 4.7 FTEs = 3.75 FTEs • 3.75 FTEs. x 65% mitigation rate = 2.43789 FTEs to be mitigated if structures are in use 100% of the year • 2.43789 FTEs / 365 days per year = .0066791 daily rate • .0066791 x 135 days = .90167851 FTEs • .90167851 x $223,072 cash -in -lieu rate = $201,139:23 • $201,139.23/30-year lifespan = $6,704.64 due for mitigation of *the structure for a period of 135 days. TOTAL DUE $ 6,704.64 3 EXHIBIT #8 RESOLUTION # 128 (SERIES OF 2022) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING MULTIPLE TEMPORARY USE STRUCTURES AT 315 EAST DEAN STREET, LEGALLY DESCRIBED AS HOTEL UNIT AND COMMERCIAL UNIT ASPEN RESIDENCE CLUB AND HOTEL CONDOMINIUM MAP ACCORDING TO THE PLAT RECORDED JANUARY 219 2005 IN PLAT BOOK 71 AT PAGE 86 AS RECEPTION NO.506237 AND AS DEFINED AND DESCRIBED IN THE DECLARATION AND PLAN OF THE CLUB OWNERSHIP FOR ASPEN RESIDENCE CLUB AND HOTEL CONDOMOMINIUM RECORDED JANUARY 219 20059 AS RECEPTION NO.5062369 COUNTY OF PITKIN, STATE OF COLORADO. Parcel ID: 2737-182-85-033 WHEREAS, the Community Development Department received an application from Aspen Owner, LLC c/o, St. Regis Aspen Resort, 315 E. Dean Street, Aspen, CO (the Applicant), requesting Temporary Use approval to erect two (2) tents, four (4) yurts, and one (1)-dome for periods ranging from five (5) days to one hundred and forty (140) days (depending on structure); and, WHEREAS, pursuant to Chapter 26.450.050, Temporary Uses of the Land Use Code, City Council may grant a temporary use approval for up to one hundred and eighty (180) days; and, WHEREAS, the Aspen City Council reviewed the application and considered the Temporary Use proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed, and considered the recommendation of the Community Development Director, has taken and considered public comment at a duly noticed public hearing; and, WHEREAS, the Aspen City Council finds that the request for Temporary Use, Commercial Design Review, and Growth Management Review meets the applicable land use standards and voted five to zero (5 - 0) on November 15, 2022 to approve the request; and, WHEREAS, the Aspen City Council approves the subject structures (identified in Table I), allowing for temporary use for one (1) year (2022-2023);and, WHEREAS, the Aspen City Council finds that this resolution furthers and is necessary for the promotion of public health, safety and welfare. Council Resolution #128, Series of 2022 Page 1 of 4 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Temeorary Use Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Aspen City Council hereby approves the Temporary use request for a total of one (1) year (2022- 2023) to erect the improvements listed in Table I, subjectto the conditions listed below. Table I: Temporary Structures Location Improvement Length of Time Dimensions 48 days (in 2022 only) & 40 days per 3,960 sq. ft. Fountain One Tent year thereafter through 2027 (pursuant Courtyard to Council Reso. #.158, Series 2017) 16 sq. ft. Four yurts Nov. 21, 2022 -April 9, 2023 diameter / yurt (140 days) 8 seats / yurt Chefs Club One tent December 1, 2022 - April 1, 2023 1,000 sq. ft. Courtyard (121 days) Mountain Pia7a One dome December 1, 2022 — January 29, 2023 900 sq. ft. Courtyard (60 days) 0 Conditions of Approval 1. A complete tent permit application shall be submitted at least ten (10) days prior to the day in which each improvement is to be erected. Permit approval shall require verification from the Aspen Fire Department that each structure meets necessary life -safety requirements. Section 2: Growth Msna ement Pursuant to Land Use Code Section 26.470.090.h, Temporary Uses and Structures, affordable housing mitigation shall be required for structures that are erected for more than fourteen (14) days within a twelve (12) month period. The first fourteen (14) days for which a structure is erected shall not require mitigation (applies to one structure per property). A tent was erected in the Fountain Courtyard for a total of forty-three (43) days during Winter 2021-2022. This tent may be erected for an additional five (5) days in 2022 (from December 27- December 31). The fourteen (14) day credit shall not apply to these five (5) days but rather shall apply starting in 2023. The mitigation owed for the remaining 5-days in 2022 is: $1,317.68 A credit of fourteen (14) days shall apply to the tent located within the Fountain Courtyard beginning in 2023. Remaining structures shall pay full mitigation and no credit shall apply as shown in Table H. Council Resolution #128, Series of 2022 Page 2 of 4 Tahle n_ Mitigation Required for Each Structure ^Location Improvement Length of Time Dimensions Mitigation Owed* 40 days —14 days = One Tent 26 days 3,960 sq. ft. $994370'23 (I4-daycredit applies Fountain starting Winter 2023 1,024 sq. ft. total for all $139140.26 Courtyard Four yurts 140 days four yurts total for all four (16ft. x16 yurts ft. diameter Chefs Club Courtyard One tent 121 days 1,000 sq. ft. $119090.76 Mountain Plaza One dome 60 days 900 sq. ft. $43,949.60 Courtyard *Total mitigation is subject to change, pending staff verification of structural dimensions at the time of building permit. Section 3: Material Reeresentations All material representations and commitments made by the Applicant pursuant to the temporary use proposal as herein awarded, whether in public hearing or documentation presented before the 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 4: Existing iti a 'on This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: Severability If any section, subsection, sentence, clause, phrase, or portion of this resolution 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. Council Resolution #128, Series of 2022 Page 3 of 4 i APPROVED BY the City Council of the City of Aspen on this 1514 day of November 2022. Approved as to form: Lei..++-�+ 7 d es R. True, City Attorney Attest: Nicole Henning, Citf Clerk Approved as to content: 7W� Torre, Mayor Council Resolution #128, Series of 2022 Page 4 of 4 -- - EXHIBIT #9 gam 574 9.%E809 Implementation of the financial assurances set forth, or otherwise described herein and required by section 20-16(o) of the Municipal Code. 4. Rmnloyee Housing --Hotel Phase r Based upon existing formulae approved by the City for calculating employee housing obligations, Owner's obligation to provide off -site employee housing is an obligation to house 60% of the currently estimated full -tine equivalent employees (11FTEB11) for Hotel Phase I, Galena Place (hereinafter described), and Summit Place (hereinafter described), or 161.5 in number, all as is more particularly described in Exhibit Be hereto annexed. Nonetheless, Owner has agreed to provide off -site housing for 198.5 employees in connection with Hotel Phase I, Galena Place, and Summit Place as an inducement to the City to approve the amendments to the Aspen Mountain P.U.D./Subdivision contemplated herein. Accordingly, Owner agrees that (i) in the case of the Alpina Haus Lodge and the Copper Horse Lodge, and, subject to the provisions of Paragraph 4(d), below, in the case of Ute City Place, effective contemporaneously with, but not before, the issuance of a Certificate of Occupancy for Hotel Phase I, (ii) in the case of the Hunter Longhouse, prior to the recording of this Agreement in the Records, and (III) in the case of the Grand Aspen Hotel, effective upon the issuance of the next phase building permit for Phase I, Owner shall simultaneously with the recordation of this First Amended PUD Agreement, cause to be recorded in the Records (except to the extent Owner has previously done so, as herein- after acknowledged) or escrowed as the case may be, as provided 18 !'V()X 574 PAcE81.0 below, deed restrictions acceptable in form to the City Attorney confirming the following about the employee housing for Hotel Phase I, Galena Place, and summit Places (a) AlQina Haul= Forty-three (43) units, comprised of 40 hotel rooms, 2 studio apartments and 1 dorm apartment, and housing a total of 46 employees, are hereby dedicated for fifty • (50) years to City employee housing rental only guidelines and restrictions, with rents (including all common utilities) not to exceed 25% of the employees' average monthly income or $200.00 y per month per person, whichever is less. Provided always, that i rental prices shall be indexed to the annually adopted employee housing guidelines approved by the City. I (b) Copper Horse: Fourteen (14) units, comprised • of one 1-person room, six 4-person rooms, four 3-person rooms, and three 2-person rooms, and housing a total of 43 employees, i are hereby dedicated for fifty (50) years to City employee 1 housing rental only guidelines and restrictions, with rents (including all common utilities) not to exceed 25% of the employees' average monthly income or $200,00 per month per person, whichever is less. Provided always, that rental prices shall be indexed to the annually adopted employee housing ! guidelines approved by the City. ! (c) Grand Ashen Hotel: Four (4) units comprised of four (4) hotel rooms housing a total of 3.5 employees are hereby dedicated for fifty (50) years to City employee housing rental only, guidelines and restrictions, with rents (including all common utilities) under moderate income rental guidelines of the 19 ` a i 1 r�. 'f = ,'..; :;off''• 'fr k. 4 ` i -J .a roux 574 F=81.1 City of Aspen. Provided always, that rental prices shall be indexed to the annually adopted employee housing guidelines approved by the City. Upon redevelopment of Lot 5 this employee housing requirement for 3.5 employees shall be relocated in a manner and on a site acceptable to the City of Aspen, pursuant to the provision therefor made in the employee housing dedication for the units in -the Grand Aspen Hotel more particularly below described. i (d) Ute City Placet Twenty-two (22) units, comprised of six studios, twelve 1-bedroom units, and four 2- bedroom units and housing a total of 37 employees, are hereby dedicated for fifty (50) years to City employee housing moderate income rental and sale price guidelines and restrictions. Unlike The Copper Horse Lodge and The Alpine Haus Lodge, which are in existence, Ute City Place has not yet been constructed. Accordingly, if at the time Owner is otherwise eligible to receive a Certificate of Occupancy for Hotel Phase I some or all of the units in Ute City Place are not ready for occupancy, Owner shall, if but only if it by that time is the owner of the Ute City Place property and has begun construction of the Ute City Place project, have the right to substitute such of the units of Ute City Place not then ready for occupancy with units in the Grand Aspen Hotel burdened with restrictions in the same manner as those described in Paragraph 4(c) above, in which event a Certificate of Occupancy for Hotel Phase I shall not be withheld by reason of the incompletion of Ute City Place at the time the Certificate of Occupancy is sought. Owner acknowledges that, if 20 j F � 574 i)=81.2 at the time it is otherwise eligible to receive a Certificate of Occupancy for Hotel Phase i it either does not own the Ute City Place property or construction of the Ute City Place Project has not begun, owner shall not be entitled to a Certificate of Occupancy for Hotel Phase i unless and until it furnishes alternate employee housing for 37 employees, which employee housing shall be acceptable to the City in its reasonable determination. The employee housing commitments described in subpara- graphs (a), (b), (c), and (d) above shall be performed in the following manners (1) Contemporaneously with the execution of this Agreement, Owner has signed, acknowledged and caused to be recorded in the Records a "Dedication of Real Property to Employee Housing Restrictions and Guidelines" covering four rooms in The Grand Aspen Hotel, a copy of which is annexed i hereto as Exhibit C. (2) Contemporaneously with the execution of this Agree- ment, Owner has signed, acknowledged and delivered into escrow with the Aspen City Clerk a "Dedication of Real Property to Employee Housing Restrictions and Guidelines" covering Ute City Place, a copy of which is hereto annexed f as Exhibit D, which is to be held by the City Clerk until the time that Owner closes upon its option to acquire title to the Ute City Place property, presently scheduled for November , 1988, whereupon the City Clerk shall and is hereby authorized, empowered, and instructed to record in 21 ♦A� .t { A MAD the Records the Dedication for Ute City Place. Owner covenants that from and after the date hereof any entities lending funds secured or to be secured by the Ute City Place property shall be given actual notice of the dedication requirement pertaining to Ute City Place. Moreover, immediately upon its acquiring title to the Ute City Pla.:e property, Owner shall present to the City Attorney a then current owner's and Encumbrancer*s report, or other evidence satisfactory to the City Attorney, confirming title to the Ute City Place property in owner and confirming that the employee housing dedication for Ute i City Place has been recorded and is binding upon all persons then with or thereafter acquiring an interest in the Ute City Place property, except only the benefici- ary(ies) of the purchase money deed of trust to be given to the sellers in connection with owner's acquisition of the Ute City Place property. With respect to such deed of trust, and provided Owner has not made alternative arrangements acceptable to the City for the housing of 37 employees in lieu of Ute City Place as above provided, Owner acknowledges that prior to and as a condition of the issuance of a Certificate of Occupancy for Hotel Phase It such deed of trust shall be fully discharged and released of record by the time construction on the Ute City Place project commences, to the end that from and after the time of issuance of such Certificate of occupancy the employee housing restrictions for Ute City Place shall be binding 22 �tAli '•'fry V V • •• i••� •vim. � ♦... � .�..• . .., •. .• . tRJ.- �..�.� rax 574 FAsE81.4 upon all then having.or thereafter acquiring any interest therein for the duration of such deed restrictions. (3) The employee housing Dedication for The Copper Horse Lodge was previously made in connection with the delivery, acceptance and recordation of that certain Special Warranty Deed of Conveyance from the owner of the Copper Horse Lodge, Commerce Savings Association, to Downhill Asso- ciates, Inc., dated April 10, 1987, and recorded in Book 533 at Page 781, St agq., of the Records, a copy of which is hereto annexed as Exhibit E, which dedication is hereby confirmed as being acceptable to the City for purposes of Owners obligation herein concerning employee housing in respect of the Copper Horse Lodge, to become effective upon issuance of a Certificate of Occupancy for Hotel Phase I. (4) The employee housing Dedication for the Alpina Haus Lodge was previously made in connection with the delivery, acceptance and recordation of that certain Special Warranty Deed of Conveyance from Owner to Riscor, Inc., dated March 10, 1988, and recorded in Book.V8 at Pages 8 L/, Dt sea., of the Records, a copy of which is hereto annexed as Exhibit P, which Dedication is hereby confirmed as being acceptable to the City for purposes of Owner's obligation herein concerning employee housing in respect of the Alpina Haus Lodge, to become effective upon issuance of a Certificate of Occupancy for Hotel Phase I. (a) Hunter Longhouses For and in consideration of (i) the making by Owner of a $250,000 subordinated equity 23 lam Pax 574 fixEM capital investment in the Hunter Longhouse project, which funds have already been delivered and receipted for, and (ii) the recording in Book 50 at Page 646 of the Records of a "Dedication of Real Property to Employee Housing Restrictions and Guidelines" covering the Hunter Longhouse project executed by Owner, the City, the Hoard of Pitkin County Commissioners, and Aspen-Pitkin Employee Housing, Inc., Owner has been credited with housing a total of 69 employees. Upon the city•s issuance to the Owner of a valid and effective Certificate of Occupancy for Hotel Phase I, 60.3 of said 69 employee housing credits shall be deemed automatically allocated to and consumed by the Hotel Phase I component of the Project. (f) 00mitment by Housing- Authority and owner: For and in consideration of (i) the non -interest -bearing nature of owner's equity investment in Hunter Longhouse, and (ii) the joint commitment made by the City/County Housing Authority and Aspen- Pitkin Employee Housing, Inc., to apply such invested capital and the interest earned thereon to the development and/or acquisition (and the dedication to City of Aspen low and/or moderate income employee housing restrictions and guidelines), prior to the issuance of a Certificate of Occupancy for Hotel Phase I of the Project, of housing for an additional 13 employees which commitment is embodied in an Agreement recorded in Book 5M at Page &5a of the Records, Owner has been credited with housing 13 additional employees. Accordingly, upon the City•s issuance to the Owner of valid and effective Certificate of Occupancy for Hotel Phase I, all of said 13 employee housing credits shall be 24 It� • em 574 pdcE81.6 deemed automatically allocated to and consumed by the Hotel Phase I component of the Project. (g) wit: Owner and City agree that there shall be an audit performed of the hotel after its second full year of operation to determine the actual number of FTTEs working in Hotel Phase I. In the event the audit determines that Hotel Phase I has a higher FTEB count than 269, the Owner shall provide employee housing for sixty percent (60%) of the number in excess if such 60% number added to 161.5 is greater than 198.5. Such additional employee housing (if any is required) shall be deed restricted based on the ratios of at least 56% low income and no more than 44% moderate income units. The Owner shall seek and obtain final approval of any plans for the pro- duction for any such housing within twelve (12) months of the published results of such audit and shall seek and obtain a Certificate of Occupancy for any such housing within twenty-four (24) months of the published results of such audit. For the purposes of this requirement, the audit shall be performed and FTSEs shall be defined according to the Housing Authority guidelines in effect at the time of this approval, a copy of which is hereto annexed as Exhibit G. The cost of the audit shall be paid for by the Owner, but the choice of auditor shall be that of the Housing Authority, so long as the auditor is an independent certified public accountant licensed to and doing business in Pitkin County, Colorado. 6. On -Site Parking - Hotel Phase I. Prior to the issuance of a Certificate of Occupancy for Hotel Phase I, and as a 25 ♦ t EXHIBIT #10 484489 Page: 1 of S 06/25/2003 10:46A SILVIA GAVIS PITKIN COUNTY CO R 26.00 0 0.00 ORDINANCE NO.25 (SERIES OF 2003) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A PLANNED UNIT DEVELOPMENT (PUD) AMEND51ENT9 GROIN711 MANAGEMENT QUOTA SYSTEM (GAIQS) EXEAIPTIOjNS, TIMESHARE, AND SUBDIVISION FOR TIE ST. REGIS IIOTEL, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 273 7-1828-5001 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, WIIEREAS, the 24 timeshare lodge units are proposed to be sold in a minimum • of 1/11 � fractional interests; and, IVHEREAS, 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 Iand 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, NN IEREAS, at its meeting on March S, 2003, the City of Aspen / Pitkin County Housing Authority forwarded a recommendation of approval to City Council at its meeting to approve the proposed employee mitigation through an audit program; and, WHEREAS, the Planning and Zoning Commission forwarded a recommendation of approval via Resolution No. 10, Series of 2003 by a vote of three to two (3 - 2), to City Council to approve a PUD Amendment, Growth Management Quota System Exemptions, Timeshare, and Subdivision; and, IVIN��I�N�q��1nN��NRI�IgQUNTY CC �°�uo� ,�;.:..a IVIiEREAS, the City of Aspen City Council rinds 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 NVIIEREAS, 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 rive to zero (5 - 0), approved this Ordinance (on Second Reading) for a PUD Amendment, GMQS Exemptions, Timeshare, and Subdivision; and NVIIEREAS, the City of Aspen City Council rinds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY TIIE ASPEN CITY COUNCIL THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Aspcn 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 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 484489 Pape: 3 of S eG/25/2003 10:064 SILVIA RAVIS PITKIN COUNTY CO It 26.00 C 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 of type A and type B units as it pertains to food/bcvcmge 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, WaterDepartment 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 B40 of the 1=` Amended and Restated Subdivision Agreement, recorded in Book 574, Page 792 of the Pitkin County Clerk and Recorder), after one full fiscal year from the date of issuance of the certificate of occupancy for the proposed new spa facility, hotel rooms, timeshare units, and residence under the following terms: a. The Housing Office Operations Manager shall select and retain the auditor. b. The applicant shall be fully responsible for all fees associated with retaining an auditor. c. The,audit shall occur after one full fiscal year of operation. 4. Should the housing audit show an increase in the number of employees over those mitigated for in the original PUD approval (331 employees, or 60% of 331 which equals 198.5 employees), the applicant shall return to the Housing Authority under the following terms: a. The applicant shall provide deed restricted, affordable housing for 60% of any additional employees of the new facilities. b. The applicant shall abide by the Aspen/Pitkin County Affordable Fiousin Guidelines in effect at the time of the audit. g c. The term employee shall include all payroll and non -payroll employees generated by the application. I��ul�l,'y�1III�I�IIIIIINUIEIl�l111141 u�m:4x°v9 ie:.e. 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 -terra 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 "sufficiently" shall be specifically defined, in tenns of minimum number of 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 anal approval by City Council and shall include the information required to be eluded in a PUD Agreement, pursuant to Section 26.445.070(C). 9. The applicant shall rite 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 o en for business year around. p 11 • The applicant shall pay a tax impact mitigation fee of $449,552 to the City of Aspen. T fee may be paid in quarterly installments, but the total amount shall be aid within twelve (12) months of the issuance of a buildin P g permit for the timeshare units. Section 2: I IIIIII IIIII illlll IIIII 111I III II Illl it RIIM I 1111 0484489 Page* 5 of 5 6// 5/20003 16:•6A SILVIA DAVIS FITKIN COUNTY CO R 26.00 11 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. Sectinn 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 of the remaining portions thereof. Section .5• A public hearing on this ordinances will be held the 270'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 04IFciA aNe City of Aspen on this 120 day of May, 2003. FINALLY, ADOPTED, PASSED, AND APPROVED this 91' day �n Worcestbr,CityAttorney Mayor Junc, 2003. EXHIBIT #11 Mrs. Cindy Christensen Operations Manager Aspen/Pitkin County Housing Authority 530 E. Main St. Ste. LL Aspen, CO 81611-1948 June 3, 2010 Dear Mrs. Christensen, As previously discussed with Gideon Kaufman, please find enclosed the requested Employee Audit for the St. Regis Aspen for the years 2006 through 2009. As you can see from the enclosed Employee Audit summary page, ,we determined the headcount for our employees through our payroll records for both the Hotel and Spa (see Appendices), and added in contract labor and tenant employees. The analysis shows that we did not exceed the previously established 331 employee count for any of the audited years. Please do not hesitate to contact me at 970-920-7339 if you have any questions as I am happy to walk you through the enclosed reports and analysis. I look forward to hearing from you and remain with best regards. Sincerely, -.;. WL'Im a - - �q MM0-8:a, Bridgette Anslyn Financial Controller ST REGIS ASPEN 315 EAST DEAN STREET. ASPEN. COLORADO 81611 • TEL 970 920 3300 FAX 970 920 9SSS • STRECIS.COA1/ASPEN t ST REGIS ASPEN Employee Audit 2006 through 2009 June 3, 2010 CONFIDENTIAL St. Regis Aspen SUMMARY - Employee Audit Initial Brid ette Ansi 2006 2007 2008 2009 Total FTE Total FTE Total FTE Total FTE 1) Hotel Payroll Analysis - see Appendix A Total FTE per Payroll report 221.82 244.29 217.48 190.84 Add: Contract labor not captured In Payroll report 5.77 9.91 27.41 9.60 { l''.:M � w6'"-a•. --.s--� 254.20_ z44ee - :200.44: 2) Spa Payroll Analysis - see Appendix B (1) Technicians payroll report for Remeded Spa 12.70 25.80 23.70 18.51 (2) Spa Manager and Front Desk Staff 6.00 7.00 6.00 6.00 .:.. :. ....-.. .. ..:. �M. �"°��_.. .. w....... ,.. .. '. .., ..-::.r.., -.... ,..,. ;....... ?T.... .., -. ... .. ...., •r,�. �'.�.,.,,. ac.. c• •zs <�.. i ..v ... . w.. .. Tota1S ..;: 87. 3) Leased/Retail Spaces ��'. - .a:.. _ -.: S t+^-'. _ -w^+�� --�. .:..�'•°•' �5+.�-.r i .�:' „:ac• ..ra. «"=rr: -.— .+e ^••r+..rx-..^--r�x.^'-- •-t�."�..,^_�.'^^"'-_'xT"._s^-. '_• o s 'r '!.1':• - .. s w y,�w �/�=�.."-'�-.. .r_ � _' G- �lr. ;:u,�,n ,3.ct��r, :.�sG�n- n'-m51150,;»..,.".._ Toial:hTE fiom�LeasedlRetall,S _ ,y. - <7. .ai`. *• .7•_: s7ir�^2 F.. ram. 'sY r r a P , ,� .., 979�: 00.50'��._ =F .288.08 Totaf.Number:of�Em to _- � � ...-�.. ..�. _.�_� _�_:_ ..�.-... �.... - - - 2S � 3 Notes: (1) Rernded Spa include: 2 Managers. 4 Front Desk staff and varying massage therapists and estheticians based an business levels (2) The Management of the Spa was taken over by the hole! in May 2009. Therefore employees for Jan -May are captured under the'Spa Payrol Analysis'; employees for Jun -Doc are captured under the'Motei Payroll Analysis' (3) LeasedlRetail Spaces include (# of FTEsk Aspen Sports (5), Aspen Bade & Body (6). Aspen Outfitters (? 5), Gift Shop (2 - for 2009 only) Confidential June 03. 2010 SR Aspen Employee Audit 2006-2009 060310 adj.xis EXHIBIT #12 St Regis, Aspen Energy Efficiency Proposal Overview of Proposal The proposal for addressing energy efficiency on the St Regis property as related to the pending PD amendment is as follows. Currently, exterior events in the courtyard of the Hotel are heated by propane outdoor heaters and tented events are heated by portable natural gas fired furnaces. Our intention is to replace the existing natural gas furnaces with electric forced air furnaces. To accomplish this task we will need additional electrical power availability in the courtyard which will include repairing or replacing the existing outdoor receptacles and installing additional dedicated 50 amp 208 three phase plug adapters specifically for powering the furnaces. Using three phase power will also make the furnaces run more efficiently during use according to our electrician. The rooftop is currently covered with abandoned solar thermal tubes on a previously installed steel beam racking system. We have evaluated the racking system and have determined that new solar photovoltaic panels can be installed in the same location once the solar thermal panels are removed. This solar photovoltaic array is projected to be approximately 55-60 kw in size and is anticipated to potentially produce around 80,000 kwh's annually, according to preliminary calculations prepared for us by Sunsense Solar. The St. Regis currently has two EV charging stations in our parking garage. The St. Regis would propose to install several additional EV charging stations in the garage. The number of EV stations to be installed will depend on the final calculations of the amount of energy which will be supplied by the solar array as well as the availability of garage space. The St. Regis will also install a battery storage facility to capture and utilize the energy from the rooftop solar facility. The battery storage will add to the Hotel's overall energy resiliency, provide a source of emergency power backup and allow for a reduction in the Hotel's peak -time energy demands. The work necessary to complete these tasks has been divided into three phases. The St. Regis would complete phases one and two during our regularly scheduled fall closure (October - November, 2023) so that the work would be completed when the Hotel re -opens in the winter of 2023. Phase three would be completed following approval of the PD Amendment. The St. Regis would submit a building permit for installation of the new solar system and EV stations during the spring of 2024 and would complete the installation within one year of when the City issues the building permit for the project. The benefits to the City of Aspen and the local community from this project would be a net reduction in the demand for carbon -based energy sources to power the proposed seasonal structures and also for the Hotel"s overall operations. The St. Regis is a large, high profile resort property. This project would demonstrate the commitment of the City of Aspen, Marriott Hotels, the St Regis and the Hotel"s ownership to an energy efficient, sustainable future and would contribute to an overall reduction in the amount of fossil fuels burned by the Hotel's operations. Phase 1: Item 1: Replace portable gas furnaces with electric furnaces for event heating. Potential Resale of five natural gas furnaces at estimated market value. T 1;V,1�1. Electric Heaters • Built-in thennostat (32° - 100° F) • Ductable to 50' • Overheat protection • Three power settings 100 °F Temperature Rise Montt kW anuN EieMd Ra4g Fr Temperable Rrsa Pmensms 4F¶IOA. NbpIM heat We90n € NM ® P6m 1]6000140 204 V60 1092M 132 t63.800148 %,600116 81.900124 416480V f301 Wmryn 440JBOVdbl30125s I8WCFM 18WCFM lVF 1WF 461a20W a25.11 4610OV a ]5H 1510s. 142 bs. • Item 2: Install additional 50 amp connections in the Courtyard to accommodate electric heating. Item 3: Upgrade/refurbish/repair existing GFI outdoor receptacles throughout the courtyard for event lighting, speakers and other electrical usage associated with outdoor events. Phase 2: Item 1: Acquire small portable forced air heaters for the four Yurts. lzoro =wxx �,•,.:.o,r...,. Q e xor„e w.,iwsr�orna : nerory cn+�wxe.l � x.n,ru cwo.as r eHOK xemw.eca...orx, i wnwxomac x..rw, ! oe,r,o�.na+=�o�.men.r xo.,i.,. rsmw vwnel e�.r.. < srw ul r>r.u. oRrrw x..i.� 8 imm..,mo,or. Wowon+5 �m.w• Phase 3: u55cxo ixousmes Portable Electric Ducted & Tent Heater, 1500W, 120V AC, 1 Phase W...4a:15p)fi a 1.150 $443.38 m,w m¢mis.er.va.r xro ceswe5 mox awwc save m son 0 ..vmro.n xov.c wMn: S' 1 f qpm: xerpr: i r salsa slas ce e nen.o wnxmw: i xumY.ulrw.5.rrnv 1 s..lnw�lexa. snwe.eswe�.,, xmry �8f. -_ - �r For 10\OIIYw h,l pErr y S9uNFw Frye Snlpwnym550•am, ® 56Wy Pelwm f� 125 VS:9ae.l Currarx•Samv.y.nr, Item 1: Remove abandoned solar hot water tubes and utilize existing racking for solar PV on the hotel roof. Item 2: Add battery storage component and install additional EV charging stations in the parking garage to utilize stored electricity. OTHER CITY FORMS Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Address of Property: 315 East Dean Street, Aspen Please type or Print in all caps Aspen Owner LLC A an Richman Planning Services Property Owner Name: p Representative Name(it different from Property owner)• Billing Name and Address -Send Bills to: Kim French, St. Regis Aspen, 315 East Dean Street, Aspen CO 81611 Contact info for billing: e-mail:kim.french@stregis.com Phone: 970-429-9521 I understand that the City has adopted, via Ordinance No. 20, Series of 2020, review fees for Land Use applications, and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner, 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. $. flat $. at fee $, fiat fee for $, at 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 sent 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 approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for processing my application at the hourly rates hereinafter stated. $4,550 deposit for 14 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ 325 deposit for 1 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Phillip Supino, AICP G� Community Development Director Signature: /lam /4r:"'LCZ PRINT Name: Kim French City Use: Title: Director of Event Planning & Operations Fees Due: $ Received $ Case q r r t r r r•t LAND USE APPLICATION Project Name and Address: St. Regis Aspen Resort Minor PD Amendment Parcel ID#(REQUIRED) 273718285033 APPLICANT: Name: Aspen Owner LLC Address: 315 East Dean Street, Aspen, CO 81611 Phone #: 970-429-9521 email: stephane@elevatedretums.com REPRESENTIVATIVE: Name: Alan Richman Planning Services, LLC Address: P.O. BOX 3613, Aspen, CO 81612 Phone#: 970-920-1125 email:alan@alanplans.com Description: Existing and Proposed Conditions See attached application packet Review: Administrative or Board Review Aspen City Council Required Land Use Revlew(s): Aspen City Council Growth Management Quota System (GMQS) required fields: Net Leasable square footage lodge Pillows Free Market dwelling units Affordable Housing dwelling units Essential Public Facility square footage Have you included the following? ✓ Pre -Application Conference Summary ✓ Signed Fee Agreement ✓ HOA Compliance form MAII items listed in checklist on PreApplication Conference Summary FEES DUE: $ 41875 ALAN RICHMAN PLANNING SERVICES, LLC P.O. BOX 3613 ASPEN, COLORADO 81612 970-920-112S January 3, 2023 Ms. Amy Simon, Planning Director City of Aspen Community Development Department 427 Rio Grande Place Aspen, CO 81611 RE: ST. REGIS HOTEL MINOR PD AMENDMENT Dear Amy, This is an application to amend the Planned Development (PD) 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 proposed minor amendment to the PD is to allow the existing fence along the Monarch Street side and along a short segment of the Juniata Street side of the Hotel to be replaced with a new fence which is six feet (6) in height. This increased height is necessary to provide greater security from wildlife and from human intruders who have been entering the courtyard, pool and spa areas from these sides of the property. The St. Regis Hotel is owned by Aspen Owner LLC. (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 as 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: 26.445.110.E: Minor Amendment to a Detailed Review Approval; and 26.575.020 (e): Allowed Projections into Setbacks Ms. Amy Simon January 3, 2023 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 an overview of existing conditions at the Hotel. Prior Approvals and Current Conditions 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 PD overlay applied to it. A vicinity map showing the location and overall configuration of the subject property is included in this application package. 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 documenting the amended approval 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 more technical amendments were approved by the City as the design evolved and can be found in Plat Book 22 @ Page 85, Plat Book 24 @ Page 77 and Plat Book 29 @ Page 71. 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. Then, 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 St. Regis Hotel and Residence Club currently consists of 179 hotel rooms (257 — 98 + 20 = 179), along with the 25 timeshare units. The timeshare residences 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, and several retail spaces. Ms. Amy Simon January 3, 2023 Page Three An updated survey of the property has been prepared and is included in this application package, showing the overall configuration of the Hotel. The primary improvements which are depicted on the survey include the retail building along Durant Street, the main entry into the Hotel along Dean Street, and the wings of the residences and Hotel. Description of this Application The portion of the property which is the sole focus of this Minor PD Amendment application is along the western and southern sides of the property, where the pool and spa are located, within the area known as the Mountain Courtyard. A more detailed drawing depicting the pool, spa and courtyard configuration has been provided. The pool, spa and courtyard have long been enclosed by a metal fence located along the properly boundary. Pictures have been provided illustrating the appearance of this fence. They show that the fence has a traditional design, with vertical steel posts spaced evenly and a horizontal upper and lower steel railing enclosure for the posts. The spacing between the fence posts makes it possible for persons along the street to readily see into the property, meaning that this is not a privacy fence but instead is for property security. There are two primary problems, however, with the current design of the fence. First, as is best illustrated in the photo of the southern fence along Juniata Street, there is a significant gap of approximately 12" to 18" between the ground and the bottom of the fence in this area. This gap has provided one way that bears and other animals can get into the property. Second, the fence is not a particularly tall barrier around the courtyard, with a height that ranges from about 48" to 56" above the ground. This rather modest height has allowed animals to get onto the property and also enables human intruders to climb over the fence. The Hotel has frequently had persons who are not guests use the pool and spa and has even had intruders attempt to sleep in this portion of the property from time -to - time. Because of this, the Hotel's insurance company has put the Hotel on notice that a more secure fence should be installed around this portion of the property. This is a primary factor which has motivated the applicant to submit this land use application. The proposed solution to this problem is to replace the existing fence with a 6' high fence of the same design which extends all the way down to the ground. A picture has been provided of a demonstration section of the proposed fence which the Hotel inserted along the Juniata Street side of the property. It shows that the new fence would extend both above and below the existing fence to provide a more effective safety barrier around this portion of the property. The fence materials and design would remain the same as today, allowing for persons to continue to see into the courtyard area and through to the Hotel. This design would comply with the requirement in Section 26.575.050 of the Code which states that: "Fences shall be constructed of wood, stone, wrought iron, concrete, metal, wire, or masonry. Chain link, plastic, vinyl or synthetic fences are prohibited." Ms. Amy Simon January 3, 2023 Page Four The applicant started the process of replacing this fence earlier this year. It was the applicant's understanding that the Code permitted a fence of up to 6' to be installed around the perimeter of the property. Therefore, the applicant submitted a building permit application to install the fence. The application was accepted by the City and the permit fee was paid. At this time the applicant began to install the fence. Subsequently, the applicant was told by the Building Department that there was a zoning problem with the fence. Therefore, the applicant stopped work on the fence before it was completed. However, a significant portion of the new fence along Monarch Street was installed before the applicant stopped the contractor from completing the fence (see attached photo). The Code provision which caused the zoning problem with the fence is found in Sec. 26.575.020 (q) of the Code. This sub -section of the Code addresses permitted encroachments into setbacks. It permits a fence to be located in a setback, because one would typically expect a fence to be on or near the property line. However, the Code sets forth the following unique limitation which affects the plans for the subject property: "q. Fences and hedges less than forty-two (42) inches in height, as measured from finished grade, are permitted in all required yard setbacks. Fences and hedges up to six (6) feet in height, as measured from finished grade, are permitted only in areas entirely recessed behind the vertical plane established by the portion of the building facade which is closest to the Street. This restriction applies on all Street -facing facades of a par7cel." The problem this language causes for the applicant is with regard to the statement that a six foot (6') fence is only permitted in areas which are recessed behind the vertical plane of the building fagade which is closest to the street. The improvement survey shows that the Hotel building fagade along Monarch Street, which is to the north of where the fence is located, has been set back from the property line. This was done as part of the original Hotel design review to provide some greater visual relief from the mass and height of the building along this street for neighbors. It also allowed for some articulation of the fagade in this area, again for the benefit of the neighbors. The approved PUD provided for the fagade to be set back by between 12' to 19' along Monarch Street, even though the minimum side yard setback in this zone district is just 5'. The detailed improvement survey and the photos show that there are two gates along this side of the property which control access into the courtyard area. Given the change in grade between the street and the courtyard, requiring that there be steps into the courtyard area, the most effective way to fence this area is for the fence to be along the property line. Therefore, this portion of the fence cannot be "recessed behind the vertical plane established by the building fagade". This is what necessitates the Minor PD Amendment. There is also a very short section along the Juniata Street side of the Hotel where the fence would extend in front of the building fagade. The remainder of the fence on that side is located behind the fagade and so need not be addressed in this Minor PD Amendment. Ms. Amy Simon January 3, 2023 Page Five Considering all of these factors, the applicant hereby requests that the City grant a dimensional variation to permit a fence which is up to six feet (6) in height to be located along the property line around the Mountain Courtyard. This location is in front of the vertical plane established by the building fagade along Monarch Street, requiring a variation from that dimensional limitation. Responses to Review Standards for Minor PD Amendment Section 26.445.110 of the Code establishes the procedures and standards for PD 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 Community Development Director found that the proposed amendment exceeds the threshold for an "insubstantial amendment" and classified it as a "Minor PD amendment". Section 26.445.110 E. of the Land Use Code, which governs Minor PD Amendments, does not contain its own standards for review of an amendment. It instead refers the applicant to the detailed 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 an existing development to change the height of a fence. Therefore, substantive responses are only provided to those standards which apply to this proposal. A. Compliance with Project Review Approval. Response: When this PD was approved there was no "Project Review" step. Rather, the Code provided for a conceptual and a final PUD review, which were then documented on the recorded architectural and site plans for the Hotel. The applicant has reviewed the recorded drawings in the County Clerk's Office for the original PUD and the four PUD amendments which were subsequently adopted prior to the completion of the construction of the Hotel. We have examined the architectural elevations, the landscape drawings and the other drawings in each of these sets. We could not find a single drawing which specified the design, height or materials for this fence. Therefore, it seems reasonable to conclude that the fence height, materials and design were most likely too minor of a detail to rise to the level of being reviewed as part of the original PUD and its amendments. It is also important to note that at the time the Hotel was built there were no limitations on fence height within the setback. At that time, fences were allowed to be 6' tall in the setback without limitation. The language about having a fence recessed behind the street fagade of a building was introduced into the Code at a much later date. Given all these factors, we believe that this proposed amendment is in compliance with the terms of the original and amended PUD approvals. Ms. Amy Simon January 3, 2023 Page Six B. Growth Management. Response: There are no growth management provisions which apply to the proposed fence. C. Site Planning and Landscape Architecture. The site plan is compatible with the context and visual character of the area. In meeting this standard, the following criteria shall be used. (1) The landscape plan exhibits a well -designed treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. Vegetation removal, protection, and restoration plans shall be acceptable to the Director of Parks. (2) Buildings and site grading provide simple, at -grade entrances and minimize extensive grade changes along building exteriors. The project meets or exceeds the requirements of the Americans with Disabilities Act and applicable requirements for emergency, maintenance, and service vehicle access. Adequate snow storage is accommodated. (3) Energy efficiency or production features are integrated into the landscape in a manner that enhances the site. (4) All site lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. All exterior lighting shall comply with the City's outdoor lighting standards. (5) Site drainage is accommodated for the proposed development in compliance with Title 29=Engineering Design Standards and shall not negatively impact surrounding properties. Response: The only proposed change to the site/landscape plan is the request to have a 6' high perimeter fence that is located within the side yard setback. The fence would continue to be located where it has historically been located and would have a design which is essentially identical to that of the existing fence. The design would continue to allow for views into the property as is the case today and would leave the existing site grading and landscaping untouched. The only notable change will be the increased security the new fence provides to guests of the Hotel. D. Design Standards and Architecture. The proposed architectural details emphasize quality construction and design characteristics. In meeting this standard, the following criteria shag be used.- Ms. Amy Simon January 3, 2023 Page Seven (1) The project architecture provides for visual interest and incorporates present-day details and use of materials respectful of the community's past without attempting to mimic history. (2) Exterior materials are of a high quality, durability, and comply with applicable design standards, including those outlined in Chapter 26.410, Residential Design Standards, Chapter 26.412, Commercial Design Standards, and Chapter 26.415, Historic Preservation. (3) Building entrances are sited or designed to minimize icing and snow shedding effects (4) Energy efciency or production features are integrated into structures in a manner that enhances the architecture. (5) All structure lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. All exterior lighting shall comply with the City's outdoor lighting standards. Response: The proposed steel fence will use high quality materials. The design, which is shown on the photographs, will be respectful of the community's past without attempting to mimic a particular historic style. E. Common Parks, Open Space, Recreation Areas or Facilities. F. Pedestrian, Bicycle and Transit Facilities. G. Engineering Design Standards. H. Public Infrastructure and Facilities. 1. Phasing of Development Plan. Response: None of the above standards apply to this proposal. Ms. Amy Simon January 3, 2023 Page Eight Conclusion The above responses and the attached drawings and 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, A MAN PLANNING SERVICES, LLC Z4 Alan Richman, FAICP EXHIBITS EXHIBIT #1 Aspen Office 625 East Hyman Avenue, Suite 201 Aspen, Colorado 81611 Telephone: (970) 925-1936 Facsimile: (970) 925-3008 VIA EMAIL Aspen Owner, LLC c/o St. Regis Aspen Resort 315 East Dean Street GARFIELD & HECHT, P.C. ATTORNEYS AT LAW Since 1975 www.garriieldhecht.com September 28, 2022 Aspen, Colorado, 81611 Attn.: Kim French, Director of Event Planning and Operations Email: Kim. Frenchastregis.com RE: OWNERSHIP OF ST. REGIS ASPEN Dear Ms. French: Chris LaCroix Aspen Office clacrobaZzarfieldhecht.com 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 to my research of the real estate records of Pitkin County, Colorado, Aspen Owner, LLC, a Delaware limited liability company, 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. Sincerely, GARFIELD & HECHT, P.C. By: Chris LaCroix Copy via email to: Alan Richman DocuSign Envelope ID: B32079A1-EFB1-4CS7 A80E-EE8F22AC8AD7 EXHIBIT #2 Ms. Amy Simon, Planning Director City of Aspen Community Development Department 427 Rio Grande Place Aspen, Colorado 81611 RE: LETTER OF AUTHORIZATION FOR ST. REGIS ASPEN RESORT Dear Ms. Simon, Aspen Owner LLC is the owner of the property commonly known as the St. Regis Aspen Resort and I am the Manager of that entity. I hereby authorize Alan Richman Planning Services, Inc. to submit an application requesting a Minor Amendment to the approved PD for the purpose of installing a taller fence around certain sections of the property. Mr. Richman is authorized to submit the PD Amendment application on our behalf and to represent the St. Regis Aspen Resort in meetings with City staff and the Aspen Planning and Zoning Commission. Should you need any further information from us during the course of your review of this application, please contact Mr. Richman or you may contact me directly. Sincerely, ASPEN OWNER LLC DocuStQned by: S� Pt, bAds E8187B18C1A84R... Stephane De Basts, Manager 100 Campus Drive #400 Florham Park, NJ 07932 DocuSign Envelope ID: 98FAl14A-8AE1-4286-82AF-286A140AE658 EXHIBIT #3 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 that the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be si nQ ed by the property owner or Atfomey r+eMsentin_a the property owner. Property Name: Aspen Owner LLC Owner M: Email: stephane@elevatedretum§„ Phone No.: 970-429-9521 Address of 315 East Dean Street, Aspen, CO 81611 Property: (subject of application) I certify as follows: (pick one) ❑ This property is not subject to a homeowner association or other form of private covenant. 19 This property is subject to a homeowner 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 dccun1enWu%pybfic document. Owner signature: I S1t'r&'a4A't' VE, i 2adS Date. 10/6/2022 Owner printed name: Stephane De Baets or, Attorney signature: Attorney printed name: Date: April 2020 City Of nsi)en 1 130 S. Galena St. 1(9 70) 920 5090 k4 EXHIBIT #4 CITY OFASPEN PRE -APPLICATION CONFERENCE SUMMARY PRE-22-123 DATE: November 11, 2022 PLANNER: Luis Prado I luis.prado@aspen.gov PROJECT: St. Regis Fence Height Variance Request PARCEL ID#: 273718285033 ZONING: Lodge, Aspen Mountain PD OWNER: ASPEN OWNER LLC REPRESENTATIVE: Brian M Pawl I brian.gawl@mardott.com 1 970-355-5715 REQUEST: Minor Amendment to a Detailed Review DESCRIPTION: The St. Regis Aspen Residence Club and Hotel Condominium is in the Lodge zone district on Lot 1 of the Aspen Mountain PUD. The Aspen Mountain Subdivision and PUD was originally approved in 1985 via Ordinance 14. In the 1990s this location was known as the Ritz Carlton Hotel until 1998, when the property ownership changed, and the location became the St. Regis Hotel. The Applicant has indicated that their fence must be raised in height, as instructed by their insurance provider, to better protect against bears and for pool area safety. The proposed height of the fence stands at six feet tall, while currently being restricted to a height of 42 inches by Municipal Code Sec. 26.575.020(e) (5) (q). Altering the height to surpass 42 inches requires an amendment to the Aspen Mountain PD Detailed Review. The request to increase the height of the fence to six feet requires review and approval by the Planning and Zoning Commission (P&Z) for a Minor Amendment to a Detailed Review approval. The P&Z may approve, approve with conditions, or deny the height variance request. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use Code Land Use Application Commercial, Lodaina, and Historic District Design Standards and Guidelines Relevant Land Use Code Sections: 26.304 Common Development Review Procedures 26.445.110.E Minor Amendment to a Detailed Review approval 26.445.040.B.3 Step Three - Detailed Review 26.445.070 Detailed Review Standards 26.575.020(e) Allowed Projections Into Setbacks Review by: Staff for complete application. Planning and Zoning Commission for decision. Public Hearing: Yes 130 South Galena Street Aspen, CO 81611-1975 1 P: 970.920.5000 1 F: 970.920.5197 1 cityofaspen.com i CITYOFASPEN Fees: Planning Fees: $3,250.00 (10 hour deposit) Any unbilled portion of the deposit will be refunded at the conclusion of the case. Additional staff hours, if needed, will be billed at $325 per hour. $975 Parks Department Referral Fee - Flat Fee. Total Deposit: $4,225.00 To apply, submit one PDF copy of the following information directly to luis.prado@aspen.gov: ❑ 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, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, 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. ❑ 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 to Application). ❑ Site Improvement Survey (no older than one year from date of application submittal) prepared by a registered land surveyor licensed in the State of Colorado. ❑ 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. ❑ Written responses to applicable review criteria. Once the application has been deemed to be complete by the Planning Director, you will be requested at that time to submit the application fees. if any additional information is necessary, you will be informed accordingly. 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 130 South Galena Street Aspen, CO 31611-1975 1 P: 970.92a5000 I F: 970.920.51971 ci tyofa sp a n.com CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement to Pay Application Fees An agreement between the City of Aspen ('City") and Address of Property: 315 East Dean Street, Aspen CO 81611 Plaase two or Print In all cans Property Owner Name,.AspenOWrI@r —I"'C Representative Name(d Merent from PtoperwOW Wrj; -IC�n Richman _.. Billing Name and Address - Send Bills to: Brian Pawl, St. Regis Aspen, 315 East Dean Street, Aspen CO 81611 Contact info for billing: e-mall-bdan.pawl@stregis.com Phone: 970-355-5715 I understand that the City has adopted, via Ordinance No. 20, Series of 2020, review fees for Land Use applications, and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner, 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. $. 975 flat fee for Parks Dep't S. flat fee for $ Jat fee for $, 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 possIle at this time to know the full extent or total costs involved In processing the application. I 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 sent 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 approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for processing my application at the hourly rates hereinafter stated. $ 3,250 deposit for 1 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. •. City of Aspen: , lhgff�ror Signature, Phillip Supino, AICP . Brian Pawl Community Development Director PRINT Name. City use: fees Due: $_Received $ Case q Title: Chief Engineer April 2020 City of Aspen 1 130 S. Gatena St.1(970) 920 5090 LAND USE APPLICATION Project Name and Address:St. Regis Aspen Resort Minor PD Amendment Parcel ID #(REQUIRED) 273718285033 APPLICANT: Name: Aspen Owner LLC, c/o St. Regis Aspen Resort Address: 315 East Dean Street, Aspen CO 81611 Phone #: 970-429-9500 email: stephane@elevatedreturns.com REPRESENTIVATIVE: Name: Alan Richman Planning Services, Inc. Address: P.O. Box 3613, Aspen, CO 81612 Phone#: 970-920-1125 email:-alan@alanplans.com Description: Existing and Proposed Conditions See attached application packet Review: Administrative or Board Review Planning and Zoning Commission Required Land Use Review(s): Planning and Zoning Commission Growth Management Quota System (GMQS) required fields: Net leasable square footage lodge Pillows Free Market dwelling units Affordable Housing dwelling units Essential Public Facility square footage Have you included the following? FEES DUE: $ 4, 225.00 ✓ Pre -Application Conference Summary ✓ Signed Fee Agreement ✓ HOA Compliance form MAII items listed in checklist on PreApplication Conference Summary DRAWINGS AND PHOTOS ALTOSPS LAND TITLE SURVEY OF LOT 1, ASPEN MOUNTAIN SUBDIVISION AND PLANNED UNIT DEVELOPMENT CITY OF ASPEN, COUNTY ONE O Sz ATEOF COLORADO ]./4e ppsa ArQ R1w[O wl QaLa,al, tMi, ff howl SIIF R Flf/M4 :oi'rY�.�.�roisrzmEa .s ff fnLo.!< I[d IT A n IL M E-FAY LRf V [4Aad n 7 AAA) W xP]K4r tK p y 11 Sr4L1 IKxq ride 5+0 f.slEwr N[ . I.PC.Y' L sOLl4 RE] m M Ittehf ut mR(R 6 t.6 LOf L nulvrl .xL..[, .,x R,] rRRIGs w,r1.4o W4. Kunrl mEx1c a¢vx kn.c sw sw�itr t.[ s Rar,r t. uufx rtri: iWI1Q s IKta; s ]s�LYt' L ,son 1[[1 ro R Pm.'I Rf9C n[ rlStt4r Lr[ w IW. nL SiPF[I: n[.tl AA ALdO SAO 1[fl[RYLa,C Rs £CupwS Msl W� LOWS[S 5 R, l 1 IKA[F S nPrll- L .I1 41t; S MrR S I,Y/.Y x xf].M IQS: Sidi Rlin Kt xQ i 15tg5o' L tY2a mS m apn>I'S r]Suc(In[r�ul9faf t[Ln[it6�axA al� n[.t¢ A, s.y rnuaa. tK . nmvc a In n rif t m rK niAT v RpwIC p•lArc ] M KKf vhK to LCTS QTP.Flx} PR nitf mrll[Al, R[ rRat ptD-m..wl uomt K a v4vAR:o n S[A.AI A. rortl e91 wtl mvE:vR uRl. aglt 4:nR¢ aLe Mo lam cu[pwRrs .QLau,c r6 M cpaoswRy YY 4[pIA, - ..r A. ]nP5 . Rai II h at A- A,M _.A.. 4PQKL [llB XL9 }�10 min ar�cat�0 +IfuYi n� Lin A, ._`AAA A. =1. _. [Oa'n p n,aL sia¢ ff fao,Yo ]04Y WES, Linnrs N5 [15t QM sIIUI. 3 w}px eN(R AKai-t0[ [ IxYil uId RW wAP M a101l055v]FwM M [ffECMT OxK p lr•[ 4 ,l0,. S Ptlif LMC M[A6 25f AtlFS . ,wQRPsarp PMuxG N4➢ d M ]ae] M.1[.p4Y1 RYS try LGt I, agFX YnRISM fi�CY111 Ala RYy[p W! QW1V4ti, 4CARP . m N ragl Xn-10 M4 ..[ I51 A.4AWf rMs.y YKiS 5 uh,tti Sr[w AI[ 9k[D pr Fs I8}[mnpl [ ry. WRI,m FrWQ K Pr[ POff Lin! WSY m *+N o.tuS [Yn Aoxxc ], SWt( Rps� r4T OR[CS R.PC.r �yS m IIINo• lrar un tvm rL Ta[[; R Lm[IFO fNLC St4[l. 6 Pf. ORSLVA[P [t4i 0.. 1K PR o¢s n! Yf[Y to wW ours eFO As R sno .asq LiIP. 9Y p TAYlYr 1a1Q4L L ci mgtipp K m Xm A0.4.G, KSmIC 9 O[ ..n04,[At5 P R[ 1®un AIfFM m w4 Ow!n Xtas ,O aSAs➢ RBC IwK ugyPL LLl. Aq QY SPUR , YOK. Wo,R (^1 f.p, AxP[p ROOa •1 IOIN Afti55 (•j 111d fw9[6 ROOX EtY FtOK r 4f41 n[ rttFRY LI.1 rr t01 I, A)I[A Y9wIM PeonPo, a1G S RRwKO wl IX1ROKn4 IX..1•l• x I.tP.a' L Rn[Fx M fa.a rYy4]Ltt a1 91011, 1[RI0. }]. 1��0....PPrOGtt511M LRRO. SUfPYIf I-x [r4Pf0�[ RX -..In¢E OIYwi, ,A gSSRYt4f APf EYR[SAO NN LLS 91XlEr 4[1 arp pf tlYls Sr[I[S- a us 91MY lOat Is p[fMP u R].cPr t]m(MS] u[FAS AIL C[El s'C5 rA]' n Qf%CS- Y w RRid w•o -1 Kw45, RRRS LR WI S M, RBSC I- P T 1 vduKxl R tAtO Bn.nMY 19RA[xl R AmMA, (pars R MSS Sb []3 IRfOfr(uM vW9.M1 m s¢F navtL lr.-1PG rs.s n .aln. Rttvmea ro caa.+Po I.w ]tu rrtr w.Rxrz w, ury. KPa uPn ,vo• w.r ufEn w n.s arKr rrw. rx4L rxA.11 AfrtX m, t.s, 4smwtt Pa Qf]n R ,9 FtP.I wY .f]p NRO R'q YS tll[OI • 1rI1 Ynfi Q [LR[,.�,aIF Swx x .N'xo ;coc�n°:s .poi sEl4ii win IW 9wxm al. M f.O.OSf9 [n.Kis h fPFiS PWl-p-w.f ulft wW ad .rQ RrrAeF 10 H 9Ar1fYOl Il K ]WIMrG x[x.Xf• xAs nmQP w M rLR 4nXt of M 0.wXwlc 4 ]OAW QI 11IbtIY O.A.',, O.yl ,, GW p/l1/]O}l. r}r 94 A -A. MAU Pialc lP•r{Q90rAluL 1-Po-tin-R.rrEo 4a,0=AfXr in01C 5[1-IOu Y[f KOAR ip•IryQAgY . ! 11[I lIROI•G 1(RYfo . w ]QS YAI.[.I N.IwG MLdI d Slp4t ,Y�9u4a a:a wi¢'u5[ WS M ¢II Of I [mtE 11.1 Kv siw 1W-rttl Q POSf LOi M[R- ]61[I1 FIp.0 Qxan fgayt. KR OaMhld tL-]�N Na>,IIW xOttL f[Odi MLA .Ara -]0.aa0 ]OU][ 11[I 4i0YW Xd-rettL-r l00.-A4A RDd .44 gOOtl SWY{ rift RAIIIIWLL tt��.LGI xu¢uR[R. Ad] ROp1T rxnxc 4y[S 4¢Mn! ] maw 9 RYl [ twine M 1plLpwa IttK IX[flhPrrL1R 011 EOnBR t[ w,w, p 1MnA¢Y wtwk SW AR{[! rctylttr .a uav K5[f.Y.v Pt Wx'1rf61[4 Kvc r[R'Rvf vmr]mir fl n SnRIIULiYMt� [plYr, IK I6 ISNIQ; 4L.SDI C, wp, • mrnn[xl P.s p aWaNr,[ Rma 1[.f IX.o+m .tn M w1xeP[ L•] a4 wl UIC soft rm[s 7 KY.tA,a, K .GP R.pEM M A.C41]w pl ,1 00[ F [rn ua q;14[6iu a n[Y 9apo +[ s.Y a[ £wo lv Iv4n.rz a .larxn x 1cw4z Y 4sRW�. wRn n.¢s w O tw�lnmoKF.l�rpxQ�xl�xl. Fr ro ..YI %...L.P -.s Paw xad Q [agAFxl Ala wut ff w, Rr TAVMM u 3 Tl"` .r d 10 .nv,IW iT dttA S 4cp4[O Qta[ .. tan . Bin[ ea .! vwr IH AS 4ftr9ox -As Paw r[ad •,] K--1 ift[LOWFxI/P.Fa,NO• apQw[xl .n L,e QI APsx 4494f0 QtLf[e ], ,1pf . m Srl 11 PKx m. 4[pmFO AWnI IS. ,/f0 r FIX[ L]1 .1 rA4 .1]: K@A Avs.9[v ]A tIn w eow IM a! rAQ m 4IXiSFP ]1. At Kw- .- .m 40s4 A MwMYA.w A 1o0I YK__ I�19Mpvr m ]m, 4 uP .v1va] w w-14GedRc r woa 5PA0.1 .-..wl I ,nx w Iau .111 NIX AIR Rs 4mta w »,eo. Q LAnwA' A10 ap! ¢ W, Ip r0.] L4)4 fll(twL ARIrq 4�0 Ywuv xi rws h m rn AS fKL p1 .f 4lFPIQ W 5511P! ,L CIAR Paw•�d r "vla� iAs][Pv4LIPRX �n .if IIAQ .1 K4 gKtf� ,��i1a grt�m n+lAl l- I nR.rmaxo ¢wvw.1, lw p ]a] T. RRImm rA4 .z -At 9axx WKm p i AI 4 n[ A]R1 W - 5a6111 roU maoMLry uN At. -1 V. NM w Iod T -Y 9a.x Wttd "6 R.XWD tY! QAFI6rFx1/y®'.9d .o![r[x, 400�o YuwY ,S lab rs 4cfP14x x0 .I]al -I. laaa 4 l 4 .11 la Y n .P145 Mel. GL Asw. m A O¢sou5w 4� w]wAe>t 4 —• A -'A +.Im.I.Rr�v, Fim ws nn>•11� m. MET. It[ Ya YqY., Ir¢O .frt[t rM AMa 5t8[_I -I, ,! Lw[A9v fq AY[x 45[IRQ aM MO •4r6 [P90XWA..[tDm[6 ♦V.Iwxr A, ]® As 4¢Fad •rP SwT]4 P.OKff Ip .SYS9atR Ktp uRp l 5[IILS G afa4 1]{Srxa A 0.5Lrf➢ Wr RKM[w(xl nfg4Xt In 51 Kvi rosL KCgQO I.- a xSOi Y q[gPcw W pr]y •] M 1A RSP[R 45aGtf 6u1 ..[ wrtL faaor...r 41]amEo Lcrrsn . ]nods 'Al srw1. •]. ROM O APwP�AL-Y,4L[II rzI[mRrw[And P.xQ] 1AOu n1 A10 IOF[(RS XWd4 .[-D r]w.wr 10. ]m] u naP,IVL w¢ snxm ,F5 vY uo amass -IWtl T (atri. KWIAX CAW ARO xettL LdrpwwR+l 4[P�aFP Aau+p a. xorn As 4¢vtla xo soez•5. •It 4[¢wP Q4.Hw ]. Mr1 .54Q11i4, M. WIOM MO K-4[¢a[O IXLiAaEe 1). 1LL1 M 40.vrp x6 soetN �11 g51uSd NfAgLO LLPB[R iF. ]p] Rf 4Qslp x0 p.tfJ. ']4 aWRQ 4mm lI[ 10. x0:. u Mtirtp .¢ auM] ']I xOM p .A'.Ox.t KfOYfO ayWr51 10. xplX Y 4Qrgs A. H1M b ROM 6 .m10.I1 4�0 wxp, ,4 rnr at 4rFPlp a].uf •1,. StpS9u,la ][Tr .MAQI[XS v.KMiT fR.A,OR W uwrtxY¢ w][[axl KmY[6 yK }], MLI Y 4Qatp• p 61W5] L, kt -FA.f Palh fw ]W ur./A[ LAxO IrIll :1.111Y n' GGT OPf Akl cG O.t[O RMip 15, xp5 .vo Isv.tm yr[ 14 rn4 sRotcl ro �-uYpruwr unnnm Tn M-1 W WAAAAW '.1 944 [Aunt It A LRAu -n IUBIIry -.1 At[w F451W AS{ [IL A Qlaor[ tpF9 4aRurt m/MT, aF t'al,th fMt4i6 La S.1l5i ,1 A YrLuq ?19Wi6 144L .,C Tud p sAl 4PrzGtnE fum9lef A•a ASPpti r n m 4fi, nul Oti ww a Rn .ro >H P{r[r d w.o, ,1 6 4YP xr 9rIX 4 .urAc+riQ wM m " w.nP.. SIh01R0."L 4[uitLnrS fm 41a.1@S lYp Am 11a4R. a[rLY 411f 1 14 11 an ti s t ruaa 1[E 0.6. G[ stAR v3llLRL1 D OI�.wMRY n. 10,411 ]lv1 6 u% . RAr .XIyXPr A. ]IO]R 4� ! MQL L POUR, l MO x5xn uEO Pdl PI.R.fie m4l 1L'L.a Wprrfol.rb1e011 .-- Fountain Courtyard Mountain Plaza LOT I, ASPEN MOUNTAIN SUBDIVISION AND PLANNED UNIT DEVELOPMENT CITY OF ASPEN, COUNTY OF PTTIGN, STATE OF COLORADO Mill Street Courtyard Pool Deck Fence and Gate Replacement St Regis Aspen-315 East Dean St. Aspen Colorado 81611 Red lines indicate Gate Locations - Yellow lines indicate Fence Locations All Existing to be increased to 6' height sr,- or 4A ft p 4441 �$ _ 722 r GAS Luc= WATER MICE � � \�.�✓ SNITCH 17 CABII1IETS / jc ! 504 ! HOLY MM ! ELECTRIC EASEMENT t OK. 701, K 818-$21 P ," B'Jil:ltrG � 6 foot Gates f / Emergency Exit W/key access � P 7 LS ZQp f GP.P.TEPOINT S r� BEG W% CO BETE k rFEt Rob, CURB 0 IV 6 foot Steel Rail Fence l 4 SGM S 29033 7r_ SEE DETAL-1 u 2 � LAW b •Yr`.� r' ` `Vy 4 . - 7-7 NO ? 'j�,kry a - ■ - �. 1 r 1 UJ ^ i(••p fi if I'n i 1 d .� i -goof two �' M.• .. W. MFM 2F '� "�• �w •w I i a ' S •ir I �,♦��t�nh. > wig � l 1 i _�,.. .4V 1 •��. JF \h \irk - Y - u F . rfr fir Np- ZAP Demonstration of New Fence Next To Existing Fence ft 1'�III lupi �. .- s;_sa_ ..- � - •.ate ���:� _ t TOP OF WALL CAPSTONE EDGE OF ST. REGIS STRUCTURE NEW BLACK METAL SECURITY FENCE 6' - 0 " 6' - 2 " 0' - 7 " 3' - 1 0 " 10 ' - 0 " 28'-3" Existing Grade NORTH GATE LOCATION: 6' HIGH GATE EMERGENCY EXIT WITH KEY ACCESS 6' HIGH BLACK STEEL FENCE STEPS DOWN WITH GRADE 3'-0" 6' - 0 " 3'-0" 6' - 0 " NORTH GATE Existing Grade SOUTH GATE 42" METAL SECURITY RAILING ALONG TOP OF WALL 3' - 6 " SOUTH GATE LOCATION: 6' HIGH GATE EMERGENCY EXIT WITH KEY ACCESS 3' - 6 1 2" 5' - 2 " 5' - 2 " 5' - 4 " 6' - 5 " 3' - 0 " 6' - 8 1 2" 7' - 5 " 7' - 8 " 4' - 0 " 5' - 3 " 8' - 1 1 " SOUTH GATE NORTH GATE PLANTER PLANTER PLANTER WITH 42" SECURITY RAILING 2 NORTH GATE ELEVATION 3 PLANTERS WITH RAILING ELEVATION 1 FENCE AT CORNER OF BUILDING 4 SOUTH GATE ELEVATION 6' - 9 " 6' - 7 1 2" 6' - 3 1 2" PLAN VIEW LOCATION OF ELEVATION piñon sage landscape architects carbondale, CO, 81623 devin@pinonsage.com (970) 379.0816 ST . R E G I S H O T E L 31 5 E A S T D E A N S T R E E T AS P E N , C O L O R A D O PS job# - 249 drawn - DG ckd - DG revisions description#date L2.0 FENCE ELEVATION AND PLAN ISSUE DATE - 08/18/23 VARIANCE REVIEW TOP OF WALL CAPSTONE EDGE OF ST. REGIS STRUCTURE NEW BLACK METAL SECURITY FENCE 6' - 0 " 6' - 2 " 0' - 7 " 3' - 1 0 " 10 ' - 0 " 28'-3" Existing Grade NORTH GATE LOCATION: 6' HIGH GATE EMERGENCY EXIT WITH KEY ACCESS 6' HIGH BLACK STEEL FENCE STEPS DOWN WITH GRADE 3'-0" 6' - 0 " 3'-0" 6' - 0 " NORTH GATE Existing Grade SOUTH GATE 42" METAL SECURITY RAILING ALONG TOP OF WALL 3' - 6 " SOUTH GATE LOCATION: 6' HIGH GATE EMERGENCY EXIT WITH KEY ACCESS 3' - 6 1 2" 5' - 2 " 5' - 2 " 5' - 4 " 6' - 5 " 3' - 0 " 6' - 8 1 2" 7' - 5 " 7' - 8 " 4' - 0 " 5' - 3 " 8' - 1 1 " SOUTH GATE NORTH GATE PLANTER PLANTER PLANTER WITH 42" SECURITY RAILING 2 NORTH GATE ELEVATION 3 PLANTERS WITH RAILING ELEVATION 1 FENCE AT CORNER OF BUILDING 4 SOUTH GATE ELEVATION 6' - 9 " 6' - 7 1 2" 6' - 3 1 2" PLAN VIEW LOCATION OF ELEVATION piñon sage landscape architects carbondale, CO, 81623 devin@pinonsage.com (970) 379.0816 ST . R E G I S H O T E L 31 5 E A S T D E A N S T R E E T AS P E N , C O L O R A D O PS job# - 249 drawn - DG ckd - DG revisions description#date L2.0 FENCE ELEVATION AND PLAN ISSUE DATE - 08/18/23 VARIANCE REVIEW