HomeMy WebLinkAboutMemo_St. Regis_PD Amendment
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MEMORANDUM
TO: Mayor Torre and Aspen City Council
FROM: Kevin Rayes, Principal Planner
Haley Hart, Long-Range Planner
THRU: Phillip Supino, Community Development Director
MEETING DATE: October 10, 2023
RE: 1st Reading | Ordinance #18 | The St. Regis (315 E. Dean St.)
Minor Amendment to a Planned Development for Project Review |
Commercial Design Review | Growth Management Review
APPLICANTS:
Aspen Owner, LLC c/o St. Regis Aspen
Resort
LOCATION:
The St. Regis Resort (315 E. Dean St.)
CURRENT ZONING:
Lodge (L) with a Planned development
Overlay (PD)
REQUEST OF COUNCIL:
The Applicant requests a Minor
Amendment to a Planned Development
for Project Review, Growth Management
Review, and Commercial Design Review
to allow for the ability to erect seasonal
structures, to install renewable energy
equipment and to install fencing that
exceeds height limitations prescribed
pursuant to underlying zoning.
STAFF RECOMMENDATION:
Staff supports the request to amend the
PD to allow for seasonal structures and
for the installation of renewable energy
equipment subject to certain conditions.
Staff does not support the proposed
request for fencing and recommends all
fence height be no greater than 48” from
existing grade.
Figure 1: The St. Regis (315 E. Dean St.)
Figure 2: Site Location
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REQUEST OF COUNCIL:
The Applicant requests approval of the following land use reviews:
Minor Amendment to Project Review (Land Use Code Section 26.445.110.D)
The Applicant requests a Minor Amendment to a Planned Development for Project Review for
the following:
1. Install up to three seasonal structures on a yearly basis.
2. Amend the PD to accommodate up to three seasonal structures for up to 150 days
each year.
3. Install renewable energy equipment including solar panels and electric vehicle
charging stations.
4. Install a fence that exceeds height limitations prescribed pursuant to Title 26 of the
Land Use Code along Monarch Street and Juanita Street.
• Fences located between buildings and streets shall not be taller than 42 inches
in height. The Applicant seeks a variation from this standard (triggering a PD
amendment) and to set its own dimensional standards per a PD amendment to
maintain existing fencing, erected without permits or land use approvals, ranging
in height from 6 feet to 10 feet.
Growth Management Review (Land Use Code Section 26.470.050)
Applicants who believe the employee generation rate is different than what is prescribed in the
Land Use Code may request an employee generation review. In this instance, the Applicant
believes that the employees generated from the proposed seasonal structures vary from the
mitigation required for commercial uses and temporary uses. Staff will address this topic in the
discussion section of the memo.
Commercial Design Review (Land Use Code Section 26.412)
Temporary/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.
Fencing design within the Mountain Base of the Commercial Design Review is not explicitly
called out but standards around retaining walls and pedestrian experience along the street
apply to this request. The standards are intended to integrate development proposals into
neighborhood context and provide a sense of place for pedestrians.
SUMMARY AND BACKGROUND:
The St. Regis is located on approximately three acres of land at the base of Aspen Mountain. The
property is in the Lodge (L) zone district and contains a Planned Development (PD) overlay. The
property is improved with a total of 179 hotel rooms, 25 timeshare units and a variety of accessory
uses including conference/meeting space, ballrooms, a spa, multiple dining areas, outdoor pools,
and several retail spaces.
The Applicant requests a PD amendment to make several modifications to the site, triggering a
Minor Amendment to a Planned Development for Project Review. The requests are described
below:
1. Amend the PD to Allow Seasonal Structures:
The St. Regis has traditionally facilitated events associated with a lodge use, such as
conferences/seminars, weddings, Aspen Food and Wine, and corporate dinners. During
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winter months, these events are
generally housed within seasonal
structures such as tents and yurts,
triggering City Council review for
compliance with Temporary/Seasonal
Uses, Commercial Design Review, and
Growth Management. These are often
Council review processes to permit
seasonal and temporary uses beyond
the 14 days allowed by code. Table I
provides a timeline of the most recent
approvals Council has granted for
seasonal structures at the St. Regis.
Approval Location Improvement Length of
Time
Dimension
s
Resolution #158,
Series 2017
Fountain
Courtyard
One Tent 40 days per year
through 2027
3,960 sq. ft.
Resolution #102,
Series 2018
Chef’s Club
Courtyard
Ten dining yurts 135 days for one
year
1,000 sq. ft.
Resolution #86, Series 2020
Waived Commercial Design and Growth Management Reviews as a response to public
health orders related to social distancing when COVID-19 infection rates were elevated.
Resolution #128,
Series 2022
Fountain
Courtyard
One tent
48 days (in 2022)
& 40 days per
year thereafter
through 2027
3,960 sq. ft.
Four yurts 140 days for one
year
707 sq. ft.
Chef’s Club
Courtyard
One tent 121 days for one
year
1,000 sq. ft.
Mountain
Plaza
Courtyard
One dome 60 days for one
year
900 sq. ft.
Fountain
Courtyard
Mountain
Plaza
Mill Street
Courtyard
Figure 3: Proposed Locations of Structures
Table I: Recent Approvals of Seasonal Structures at the St. Regis
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Staff recommended approval of most the structures represented in Table I. The impetus of this
request is to permit the applicant to move away from yearly (or semi-yearly) seasonal-use
applications and provide long term predictability to the operations of the resort. The difference
between this application and those of previous years is how this request is approved. Instead of a
“one-off” temporary/seasonal use request, this application seeks to memorialize seasonal
structures as part of the Planned Development via the PD amendment process. Pending Council
approval, the structures will be allowed by-right within the PD on a seasonal basis (up to 150 days
per year) with no expiration or sunset on the number of years.
Specifically, the Applicant requests to amend the PD to allow for the following
temporary/seasonal structures:
Location Improvement Length of Time Per
Year
Dimensions
Mill Street
Courtyard
One Tent 150 days per year Up to 1,000 sq. ft.
Fountain
Courtyard
Four Yurts 150 days per year up to 848 sq. ft.
(cumulative of all yurts)
Mountain
Plaza
One dome 150 days per year up to 707 sq. ft.
2. Amend the PD to Allow Fencing
Ranging from Six Feet (6’) to
Ten Feet (10’) in Height
The applicant’s request is in
direct response to staff being
alerted to the non-compliant
fencing constructed at the St.
Regis during the winter season
of 2022-2023. Staff requested
the St. Regis submit for Land
Use Approval, because the
unpermitted fencing exceeded
fence height limitations per
underlying zoning.
When the PD was created and
approved in 1988 there was not
a ‘Project Review’ step. Rather,
the code at the time provided
for a conceptual and final PD
review, which were then
documented on the recorded
architectural and site plans for
the hotel. There are no existing
design, height, or materials
recorded for the existing fence
Figure 4: Fencing Locations with Heights
Table II: Proposed Seasonal Structures
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along Monarch Street and Juniata Street. The applicant requests to increase the fence and
gate height to deter human and wildlife along Monarch Street and Juniata Street with an
approximate range in height from 6’ to 10’ as identified in Figure 4. The requested section of
fencing is approximately 290 linear feet along these two street fronts.
DISCUSSION & STAFF FINDINGS:
Seasonal Structures:
Approving the request as a PD amendment has implications for affordable housing mitigation
requirements that should be considered. Given the seasonal nature of these structures, the
Applicant posits that the number of employees generated is inconsistent with the mitigation
prescribed for new commercial net leasable space. Pursuant to Land Use Code Section
26.470.050.c, Employee Generation Review, any Applicant who believes the employee
generation rate is different than code requirements may request an employee generation review.
The application includes a full audit and thorough analysis of the number of employees generated
by resort operations vs. the number of employees housed. According to the First Amended PUD
Agreement from 1988, a total of 331 employees were generated from lodge operations, requiring
mitigation for 198.5 FTEs (33 x 0.6 = 198.5)1. Although some aspects of the development have
evolved overtime (e.g., in 2003 Council approved the conversion of multiple lodge rooms into
timeshare units) the number of employees generated by the development has remained relatively
consistent. In 2010, the St. Regis submitted an audit to the City showing employment numbers
from 2006 to 2009. According to the audit, employment at the St. Regis never exceeded 331 FTEs
during that time.
The most recent audit covers employment numbers for winter 2022-2023, which comes to a total
of 330.6 FTEs – 0.4 FTEs below 331 for which mitigation has been provided. Staff agrees with
the application’s analysis that no new FTEs will be generated from the new structures, with two
caveats.
First, the uses allowed within the structures should be limited to those allowed by-right within the
Lodge (L) zone district such as one-off events like weddings and corporate retreats. Such uses
are appropriate as the staff and infrastructure required to host these events are integral to existing
resort operations and comply with underlying zoning. Conversely, using the structures to
accommodate uses unrelated to lodge operations such as third-party retail or restaurant
operations generates additional vehicular and customer foot traffic, employee demand, and other
infrastructure-related impacts without the mitigation typically exacted for adding commercial
space. Retail use is allowed only within certain designated areas of the PD (none of which are
included in this application). If the Applicant wishes to accommodate retail use in the future, a
subsequent application requesting Conditional Use Review, or a PD amendment should be
required.
Second, although the Applicant agrees to pay the mitigation annually assessed at the time of tent
permit, and use of the structures is limited to underlying zoning, staff remains concerned about
future mitigation constraints. The deed-restrictions associated with four of the affordable housing
units – Alpina Haus, Copper Horse, Grand Aspen, and Ute City Place – are set to expire in
approximately twelve years (around 2035). These units represent the mitigation provided for 129.5
FTEs when the PD was developed. Following their expiration, only the mitigation from Hunter
Longhouse will remain (representing 69 FTEs). Without additional action, the mitigation provided
for the St. Regis will fall from 60 percent to 21 percent. Unless the St. Regis voluntarily agrees to
work with the City to amend existing development agreements to top off mitigation, it will likely be
difficult to require additional mitigation when no development is proposed. As an alternative, staff
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recommends follow-up analyses (i.e., audits) be included as a condition of this approval. If future
audits determine that more than 331 FTEs are generated from resort operations, additional
mitigation may be assessed. Given the seasonal nature of the proposed structures, annual tent
permit approval is required. If Council desires, staff may withhold the issuance of future tent
permits until mitigation is provided. Staff encourages Council to discuss this topic with the
Applicant at Second Reading.
As for Commercial Design Review – although the materials associated with seasonal structures
tend to fall short of meeting Commercial Design Standards, the prominent walls, large courtyards,
and robust landscaping throughout the resort shield these structures from view from surrounding
streets and rights of way. Like previous years, the presence of these structures will likely have
little to no impact on the character or immediate vicinity of the surrounding area. Staff finds the
Commercial Design Standards to be met.
Renewable Energy Equipment
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 57% of Aspen’s carbon emissions come from the
building sector alone. The energy required to heat seasonal enclosures, which are carbon
emissions not counted in the community emissions inventory and not included in the 57%
attributed to the building sector, is in direct conflict with this goal. Seasonal structures do not have
a thermal envelope, which means heating these spaces is highly inefficient, consumes
exponentially more energy, and emits more carbon compared to a permanent structure. The
Applicant proposes installation of renewable energy equipment in various locations of the resort
to offset the impacts from these structures.
Outdoor events are currently heated by propane outdoor heaters and tented events are heated
by portable natural gas fired furnaces. The Applicant intends to replace existing natural gas
furnaces with electric forced air furnaces. The St. Regis must first replace existing outdoor
receptacles and install additional dedicated adapters for powering the furnaces. To offset the extra
energy load, the resort plans to install renewable energy equipment onsite. The rooftop is currently
covered with abandoned solar thermal tubes on a previously installed steel beam racking system.
The existing system will be replaced with new solar photovoltaic panels which are projected to
produce approximately 80,000 kwh’s annually.
The resort also plans to install a battery storage facility to capture and utilize the energy derived
from the rooftop solar facility. The battery storage is intended to bolster the resort’s overall energy
resiliency, provide a source of emergency power backup, and allow for a reduction in the resort’s
peak energy demands.
Lastly, the St. Regis plans to install EV charging stations and battery storage facilities in its parking
garage. The St. Regis currently has two EV charging stations onsite. The number of additional
EV stations installed will depend on the final calculations of the amount of energy that will be
supplied by the solar array as well as the availability of garage space.
Installing this renewable energy equipment in a timely manner is integral to staff’s
recommendation of approval for seasonal structures. Staff will work with the Applicant to ensure
PD dimensional standards and underlying zoning requirements are met. If Council desires, a
condition of approval to install the photovoltaic system and battery storage prior to next Winter
(2024-2025) is included in the ordinance.
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Fence Height
The fences along Monarch Street and Juanita Street are existing. The applicant requests to
significantly increase the height of the fencing to deter animal and human trespass. The applicant
proposes a deviation from underlying zoning, resulting in an increase in fence scale and height.
Therefore, Project Review shall be an appropriate procedure for review to amend the PD. The
Project Review shall focus on the general concept for the development and shall outline any
dimensional requirements that vary from those allowed in the underlying zone district. Typically,
fence height greater than what the Land Use Code allows is examined as a Dimensional Variance
under Chapter 26.314, yet as this is a PD, a minor amendment through Project Review provides
the review path for dimensional flexibility contrary to that of underlying zoning.
At the time the hotel was approved, in 1988, there were no limitations on fence height. Ordinance
#22, Series of 1995, set height limitations for fences for the first time in the Land Use Code. There
are no existing design, height, or materials recorded for the existing fence along Monarch Street
and Juniata Street within the PD.
Per Section 26.575.020.e.5.q, the fence should be no greater than 42” in height as measured
from finished grade as it is not entirely recessed behind the vertical plane of the building’s
façade and is within a street-facing side yard setback. When a PD is silent on a topic, the LUC
directs staff to use underlying zoning designations as a guide. Based on the location of the
current fencing, the underlying zoning would allow for a fence up to 42” in height. As this fence
is serving as a semi-barrier to a pool, staff believes the Building Code could apply which allows
for a fence to be up to 48” in height (2015 ISPSC).
The requested fence height, ranging from 6’ to 10’, increases due to change of grade along
Monarch Street. There is an existing retention wall/planter that currently ranges from finished
grade to 5’-3” in height along Monarch Street as seen in Figures 5 and Figure 6, below.
Figure 5: Proposed Fencing along Monarch Street, 10’ in height
Figure 6: Proposed Fencing along Monarch Street, 8’-11” in height
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The addition of a ‘6 fence in height on top of the retention wall as seen in Figure 5 and a 42” fence
in height on top of the retention wall as seen in Figure 6, in addition to retaining the unpermitted
6’ fence along the remaining parameter of Monarch Street and Juanita Street will significantly
increase the visual impacts to the pedestrian experience. The request creates approximately 290
feet of approximately 6’-10’ tall fencing. This visual impact is clear through the existing fencing as
juxtaposed to the existing retention wall/planter without fencing, see Figure 7.
The City has set many standards within the LUC to deter disconnection of pedestrian experiences.
These standards are
evident in chapters
such as the
Residential Design
Standards and
Calculations and
Measurements. Tall
fences create visual
obstructions, which
can negatively impact
the pedestrian
experience,
undermine
neighborhood
character, and
diminish a sense of
place. As the St. Regis
is a prominent building
in the City’s core, the
requested fence
retracts from the
historic, cultural, and
visual contributions to
the identify of town.
Criteria examined in the Project Review Standards as seen in Exhibit B, finds the height of the
fencing contrary to neighborhood character and the use of the project, nor is a community goal
achieved through the increased height. Staff finds that the applicant fails to provide sufficient
justification as to why 6’ – 10’ fences are needed on this site and use. This property is in the
Mountain Base Character Area, which is surrounded by similar lodge and hotel uses that do not
need this variance for human or wildlife issues. Staff finds the project does not enhance the
cohesiveness and identify of the neighborhood.
Staff finds the request to increase fence heights over 6’ and to its highest point at 10’ inconsistent
with underlying zoning and out of context with the neighborhood and goals of the LUC. Although
a PD amendment gives flexibility for dimensions, staff does not find that fences greater than 48”
in height are necessary along this pedestrian corridor.
Figure 7: Juxtaposition between requested fencing (right) and current
fencing/retaining wall (left)
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RECOMMENDATION:
Staff’s recommendation is broken into three parts based on the request:
1. Seasonal Structures:
Staff recommends approval of the request to amend the PD to allow for the seasonal structures
represented in the application with the following conditions:
• A tent permit is required each year a structure is erected.
o Affordable housing mitigation shall be assessed based on current code
requirements and fee-in-lieu rates at the time of permit. A credit of fourteen (14)
days shall be applied to one structure each twelve-month period.
o The Applicant reserves the right to reduce the number of structures, size of
structures and duration in which structures are erected each year. However,
mitigation shall be paid as a lump sum for all three structures for 150 days per year,
based on the dimensions set forth below, regardless of changes proposed in any
given year:
Location Improvement Length of Time
Per Year
Dimensions
Mill Street Courtyard One Tent 150 days per year Up to 1,000 sq. ft.
Fountain Courtyard Four Yurts 150 days per year up to 848 sq. ft.
(cumulative of all yurts)
Mountain Plaza One dome 150 days per year up to 707 sq. ft.
• The Community Development Director is authorized to require periodic employee
generation audits to confirm actual employee generation. Pending expiration of the
deed-restrictions memorialized in the First Amended PUD Agreement (Reception No.
304523), if future audits determine that more than 331 FTEs are generated from resort
operations, additional mitigation shall be assessed for sixty-five (65) percent of the
number in excess.
o If the total mitigation requirement resulting from an audit is less than 0.1 FTEs, a
cash-in-lieu payment may be made by right. If the total mitigation requirement is 0.1
or more FTEs, a cash-in-lieu payment shall require City Council approval.
o Mitigation exceeding 0.1 FTEs shall be in the form of affordable housing or
certificates of affordable housing credits as prescribed in Title 26 of the Land Use
Code.
o In the event that additional housing mitigation is required, the Community
Development Director reserves the right to withhold issuing tent permits for seasonal
structures until mitigation requirements are met to the satisfaction of the Director.
2. Renewable Energy Equipment:
The photovoltaic facility and battery storage system shall be fully installed and operational no
later than Winter 2024-2025. The Community Development Director reserves the right to
withhold issuance of future tent permits until this condition is met.
3. Fence Height:
Staff recommends that Council deny the applicant a PD amendment and that the St. Regis
remove the existing fence and install fencing that is the minimum height to meet Building Code.
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PROPOSED MOTION:
Staff recommends that Council approve the ordinance on First Reading and set a public
hearing date to review the application. The following motion can be made:
“I move to approve Ordinance #18, Series of 2023 on First Reading & set a public
hearing (Second Reading) for October 30, 2023.”
FINANCIAL IMPACTS: N/A
ENVIRONMENTAL IMPACTS: N/A
CITY MANAGER COMMENTS:
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
ATTACHMENTS:
Exhibit A.1 | Planned Development – Amendment for Project Review | Staff Findings
Exhibit A.2 | Commercial Design Review | Staff Findings
Exhibit A.3 | Growth Management Review | Staff Findings
Exhibit B.1 | Application