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HomeMy WebLinkAboutSt. Regis_Temporary Use Request_Memo Page | 1 MEMORANDUM TO: Mayor Torre and Aspen City Council FROM: Kevin Rayes, Principal Planner THRU: Phillip Supino, Community Development Director MEETING DATE: October 30, 2023 RE: Temporary/Seasonal Use Request The St. Regis (315 E. Dean St.) | Resolution #158, Series of 2023 NOTE: On October 30th, Council is reviewing two separate and distinct requests relating to temporary/seasonal uses at the St. Regis. The requests are separated because they trigger different sections of the Land Use Code – one requires approval via ordinance and the other via resolution. APPLICANT: Aspen Owner, LLC c/o St. Regis Aspen Resort LOCATIONS: The St. Regis Resort (315 E. Dean St.) CURRENT ZONING: Lodge (L) with a Planned development Overlay (PD) REQUEST OF COUNCIL: The Applicant requests temporary/seasonal use approval to erect two seasonal tents within the Fountain Courtyard for forty days per year from winter 2023-2024 – winter 2026 – 2027. STAFF RECOMMENDATION: Staff recommends approval of the proposed tents subject to the conditions set forth in the resolution. REQUEST OF COUNCIL: The Applicant requests the following land use approvals: Temporary/Seasonal Use Review (Land Use Code Section 26.450.030) The Applicant requests Temporary/Seasonal Use approval to erect two seasonal tents within the Fountain Courtyard for 40 days per year through winter 2026 – 2027. The Community Development Director may approve temporary structures that are erected for 14 days or less within a 12-month period. Alternatively, Council may approve temporary uses for up to 180 days within a 12-month period, for up to ten years of annual recurrences. City Council is the final review authority. Commercial Design Review (Land Use Code Section 26.412) Seasonal structures located within the Lodge (L) zone district are subject to Commercial Design review. The standards are intended to ensure appropriate building mass and to foster well- designed and meaningful open space that conveys human scale, provides relief from the built environment, and preserves historic neighborhood context. City Council is the final review authority. Figure 1: The St. Regis (315 E. Dean St.) Page | 2 Growth Management Review (Land Use Code Section 26.470) Temporary and seasonal uses erected for longer than 14 days in a twelve-month period are subject to affordable housing requirements. Mitigation is required only for the days in excess of 14 in a 12-month period. Cash-in-lieu may be paid by-right. City Council is the final review authority. SUMMARY AND BACKGROUND: The St. Regis resort 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 several retail spaces. The St. Regis has historically hosted events that require use of a temporary tent. Such events have included conferences/seminars, weddings, Aspen Food and Wine and corporate dinners. In 2017, City Council adopted Resolution #158, Series of 2017 approving the installation of various tents in the Fountain Courtyard, Mountain Plaza, Pool deck and Mill Street Courtyard for five years (2017-2022). In 2022, Council adopted Resolution #128, Series of 2022, extending the ability to erect the Special Events Tent for an additional five years. As described in the approval, the tent is 3,960 sq. ft. and can be erected for up to 40 days per year between 2023 – 2027. In early 2023, the Applicant applied for a building permit to erect the tent. In addition to the Special Events tent, the permit application included two smaller tents in the Fountain Courtyard that were not represented when Council reviewed the request. Staff issued the permit for the events tent, but denied the request for the two smaller tents, which is the subject of this review. The two tents proposed are each approximately 200 sq. ft. in area and are intended to supplement operations of the special events tent. The first tent connects the special events tent to the hotel lobby so that guests can walk from the lobby to the main tent under 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 under an enclosure. Accounting for the area associated with the special events tent (which is approved through winter 2027), and the two smaller tents, approximately 1,400 sq. ft. of tent area is proposed within the Fountain Courtyard. Fountain Courtyard Figure 2: Location of Fountain Courtyard Page | 3 DISCUSSION & STAFF FINDINGS Staff is generally supportive of the proposed tents for two reasons: (1) they are compatible with uses allowed within the Lodge (L) zone district and will complement existing resort operations; and (2) they are modest in size resulting in little to no visual impact on the surrounding neighborhood. As previously mentioned, Council approved the special events tent within the Fountain Courtyard for 40 days per year through 2027. The tent is intended to accommodate one-off events that are typically associated with a resort such as weddings, corporate retreats, etc. Because these types of functions are integral to a resort operation, staff finds that impacts related to traffic congestion, parking management and employee generation to be minimal. Aspen’s 19th century historic context should be reinforced using appropriate building materials. High quality materials that relate to the context of the neighborhood and building type are important. Pursuant to Guideline 1.23, building materials should be non-reflective; shiny or glossy materials are not appropriate. Materials should also have proven durability and weathering characteristics within Aspen’s climate. The proposed tents are primarily made of plastic, canvas, and cloth. These types of materials do not have the durability or weathering characteristics typically seen in Aspen, nor do these types of materials relate to the 19th century context of town. Staff would normally oppose installation of this type of material, however, it’s important to consider the location of where these structures are contemplated. The Fountain Courtyard is surrounded by prominent four-story walls of the hotel, shielding these structures from view from the adjacent neighborhood and rights-of-way. The presence of the proposed structures will likely have little to no impact on the character of the immediate vicinity. Special Events Tent Approved via Council Resolution No. 128, Series 2022 Locations of two proposed tents. Each tent is approximately 200 sq. ft. Figure 3: Fountain Courtyard Tent Page | 4 Impact Fees and Affordable Housing Mitigation The two tents will add 200 sq. ft. of Net Leasable Area for 40 days of the year. The Applicant will be required to mitigate for these tents (in addition to the special events tent). Approximately $1,466.54 worth of mitigation is required for the two tents. The Applicant is required to verify the size of the tents at the time of Building Permit. Greenhouse Gas Emissions One of Councils goals is to take meaningful action and provide leadership in reducing the Aspen community’s contribution to greenhouse gas emissions. Reducing energy consumption and carbon emissions in all inventories plays a big role in this endeavor. Minimizing impacts from the built environment is particularly important as most of Aspen’s carbon emissions come from the building sector alone. Although a separate review, the representations and conditions set forth in Ordinance #18, Series of 2023 require the Applicant to install an array of renewable energy equipment onsite to offset the increased energy load required to heat these structures. Staff is supportive of this work and believes it is consistent with community expectations. As described in Ordinance #18, Series of 2023, the Community Development Director may withhold issuance of future tent/building permits for seasonal structures until the equipment is installed to the satisfaction of the City. RECOMMENDATION: Staff supports approval of the proposed tents. They are relatively modest in size (and won’t be visible from the surrounding neighborhood) and are compatible with uses typically associated with a lodge use.  Staff’s Recommendation: • Staff recommends approval of the two smaller tents to supplement operations of the special events tent, subject to the conditions set forth in Resolution #158. PROPOSED MOTION: If Council wishes to approve the applications, the following motions can be made: 1. “I move to approve Resolution #158, Series of 2023, allowing for the installation of two tents within the Fountain Courtyard to support operations of the special events tent.” FINANCIAL IMPACTS: N/A ENVIRONMENTAL IMPACTS: N/A CITY MANAGER COMMENTS: _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ ATTACHMENTS: Exhibit A.1 | Temporary Use Review | Staff Findings Exhibit A.2 | Growth Management Review | Staff Findings Exhibit A.3 | Commercial Design Review | Staff Findings Exhibit B.1 | Application