HomeMy WebLinkAboutagenda.apz.20030318 AGENDA
ASPEN PLANNING & ZONING COMMISSION
REGULAR MEETING
TUESDAY, MARCH 18, 2003
4:30 PM
SISTER CITIES ROOM
I. COMMENTS
A. CommissiOners
B. Planning Staff
C. Public
II. MINUTES
III. DECLARATION OF CONFLICTS OF INTERESTS
IV. PLANNING AND ZONING COMMISSION PUBLIC HEARINGS
A. DANCING BEAR LODGE MINOR PUD, REZONING,
MOUNTAIN VIEW PLANE, TIMESHARE, SUBDIVISION,
AND GMQS EXEMPTIONS FOR LODGE PRESERVATION
AND AFFORDABLE HOUSING, James Lindt- contid from 2/18
B. PARK-DALE SUBDIVISION, James Lindt
C. ST. REGIS PUD AMENDMENT, TIMESHARE, Scott Woodford
V. BOARD REPORTS
VI. ADJOURN
CITY AGENDA
City Council-2nd and 4"' Mon. @ 5:00 PM, P/Z-1st and 3'd Tues. @ 4:30 PM;
HPC-2"d & 4" Wed. @ 5:00 PM. BOA Thurs. @ 4:00 PM, or as needed
Revised 3/10/03
3/10/03 Council 5:00
Notice: 2/18
1" Reading, 321 W. Bleeker Lot Split-JL
2nd Reading, Infill Code Amendments PH cont. from 2/24-CB (cont. if necessary)
2nd Reading Maroon Creek Rd.- Assignment of Zoning after Annexation -SO
Boogie's Diner Temp. Use PH-JL
Harley Baldwin Temp. Use PH -SO
Little Ajax Resolution re. Annexation (1st step)
3/10/03 HPC 5:00 Special Meeting CANCELLED
Nore Winter re: Design Guidelines (to be rescheduled)
3/11103 Work Session lnfill 4:00
3/12/03 HPC 5:00 FULL
Notice 2/18
Sardy House Minor Development PH-KE
980 & 990 Gibson -Work. session
308 Park Ave — Work session
515 (507) Gillespie Lot B — Work session
3118/03 Planning and Zoning -Corn mission 4:30
Notice 2/25
Dancing Bear Lodge PUD-PH cont. from 2/18-JL
Park -Dale subdivision-PH-JL
St. Regis-PUD Amendment Timesharing PH -SW (cont. to 4/8, if needed)
3/24/03 Council 5:00
Notice: 3/4
2"d Reading; lnfill Code Amendments PH -CB (cont. if. necessary)
2"d Reading, Holland House -Request to de -list from the Aspen Invent of Historic Landmark Sites
and Structures-PH-KE
Residences .@ Little Nell Conceptual PUD/Timeshare/SPA-Reso-PH—SW-(Cont'd from 2/24) -
3/25/03 Planning and Zoning Commission 4:30 (Extra Meeting)
Tipple Lodge, GMQS Ex., Sub. Ex., Timeshare Ex., PH -SW (cont. from 3/4)
Tnp,_,af...M.ill,Pa.rcel..5..,,.8.0.40..Green. Line-PH.-S1/.. (,cont....fro,m.
3/26103 HPC 5:00 FULL
Notice 3/4
Meadows/Trustee Townhomes Unit 2 Minor Development PH-KE
Meadows/Trustee Townhomes Unit 3 Minor Development PH-KE
331 W. Bleeker, Conceptual PH-KE
819 E. Hopkins, Conceptual PH - KE
4/1/03 P&Z 4:30-CANCEL (APA Conference
4/8/03 P&Z-Special meeting instead of 4/1
Notice 3/18
Dancing Bear PUD PH (if needed) -JL
Sagewood Condos PH -SW
St. Regis-PUD Amendment Timesharing P.H-SW
419/03 HPC 5:00
Notice 3/18
114 Neale/17 Queen St., Conceptual PH — KE (continued from 2/26)
819 E. Hopkins, Conceptual PH — KE (continued from 3/26 if needed)
470 N. Spring, Worksession — KE
4/14/03 Council 5:00
Notice: 3/25
2" d Reading, 321 W. Bleeker Lot Split-JL
Little Ajax Annexation PH (on compliance)
1" Reading, Tipple Lodge, GMQS Ex., Sub. Ex., Timeshare Ex., -SW
4/15/03 P&Z 4:30
Notice: 3/25
210 East Hyman, Change in Use PH-JL
Centennial PUD Amendment-PH-JL
Miscellaneous Code Amendments -SW
4123/03 HPC 5:00
Notice: 4/1
819 E. Hopkins, Conceptual PH — KE (continued from 4/9 if needed)
320 W. Hallam, Conceptual PH - KE
28 Smuggler Grove, Worksession - KE
4/28/03 Council 5:00
Notice: 4/8
1" Reading Ordinance re. Little Ajax Annexation
1 t Reading of Little Ajax PUD-JAO
5/6/03 P&Z 4:30
Notice: 4/15
5/12/03 Council 5:00
Notice: 4/22 j
2" Reading, Tipple Lodge, GMQS Ex., Sub. Ex., Timeshare Ex:, Ord. PH -SW
2nI Readi.ng, , Ldtttec:Ayax� Anne atia ; tec�tatiue .pe dingo:: P..IJD . actin c .
2"d Reading Little Ajax PUD PH-JAO PRENOTICE
=4. - -
5/14/03 HPC 5:00
Notice: 4/22
Request for HPC to endorse applications for historic designation
5/20/03 P&Z 4:30
Notice: 4/29
H:\city\ASPEN\agendas\comingupmeetingsi.doc2
1V%A 6 ,
MEMORANDUM
TO: Aspen Planning & Zoning Commission
THRU: Julie Ann Woods, Community Development Director
Joyce Ohlson, Community Development Deputy Direct r
FROM: James Lindt, Planner ZI-L_
RE: Dancing Bear Lodge Rezoning, Lodge Preservation GMQS
Exemption, Planned Unit Development, Subdivision, and Mountain
View Plane Review- Continued Public Hearing
DATE: March 18, 2003
SUMMARY OF PROCEEDINGS:
Due to time constraints on February 18th, the Planning and Zoning Coinlinnlssion
continued the public hearing on the Dancing Bear proposal to March 18t". - During the
February 18 hearing, it appeared that the Commission expressed concern over several
prevalent issues. In an effort to respond to the Commission's concerns, the applicant has
proposed some changes to the design of the project. The amendments to the design are
detailed below.
SUMMARY OF DESIGN CHANGES:
The applicant has altered the design of the proposal in an attempt to address some of the
concerns of Staff and the Commission. The design has been amended to step it down on
the west side of the building to transition better with the two story condominiums to the
west. The very southwest corner of the building has been reduced to two (2) stories in
height, with a majority of the remainder of the western side of the structure being
dropped to three (3) stories. In addition, the applicant has proposed to remove the turret
at the southeast corner and has stepped the northeast and southeast corners down to three
(3) stories at a height of approximately 31 feet above grade. These corners will be used
as private outdoor balcony spaces for the corner units. The overall height of the proposal
has also been reduced by reducing the floor -to -floor height to 10'3" and the parapet wall
has been removed from the design. Therefore, the overall height has been reduced from
63 feet above grade to 57 feet above grade at the highest point.
The proposed changes to the exterior of the building have also translated to amendments
to the interior floor plan. The southernmost exterior wall (on Durant Ave.) of the
bar/lounge area on the first floor has been cantilevered under the facade of the upper
floors to create a covered, at -grade patio area to be used as seating for the lounge/coffee
bar. Additionally, the number of keys, bedrooms, and sizes of the proposed units have
also changed. The applicant is now proposing a total of eleven (11) units with lock -off
capabilities that will provide for twenty-two (22) total keys. The first floor unit that was
originally approximately 2,850 square feet has been reduced to a two (2) bedroom unit of
approximately 1,400 square feet. Similarly, one of the 2,850 square foot units on the
second floor has been divided into two (2) units of approximately 1,400 square feet. In
reconfiguring the upper floors of the proposal, the applicant reduced the size of the
westernmost unit on the fourth floor from 2,850 square feet to 1,400 square feet 'to
acconnmodate the requested changes to the massing of the structure.
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In addition to the proposed changes to the lodging units, the applicant has proposed to
construct two (2) deed restricted affordable housing units on the ground floor to satisfy a
portion of their required employee housing mitigation. The two (2) affordable housing
units have been proposed as a studio and a three -bedroom unit that will be available as
rental units with first priority of use to go to employees of the lodge.
The revised dimensional requirements are proposed as follows:
Minimum Lot Size. ;, 6,000 square Feet
Minimum LotAreaPer,Dvs'elling Unit =, No requirement
One lodge or residential (29 lodge rooms and 4
=Qen affordable housing) bedroom per 360 square feet of
lot area.
M axi'MIU01-Site (overage No Requirement
'777777
57 feet from existing grade to the midpoint of the
MaxII1 unt'Hei lit
roof on the rooftop Gazebo.
Nhii, Distance betvv een Buildings Qn a 1Qt No Requirement
Min. Pereent of Onen �nacc 9 Percent
Trash Access: Area 35 square feet, plus loading area
Allowable 'Exteirna FAR 3.5:1
Minimum Off -Street Parking-' 0.72 spaces per bedroom (24 spaces for 33
bedrooms)
STAFF ANALYSIS OF AMENDMENTS TO PROPOSAL:
HEIGHT AND MASS:
Staff and the Commission expressed concerns about the height and mass of the proposal
at the February 18"' hearing. The applicant has responded to these concerns by reducing
the height of the structure and by stepping back portions of the upper floors as was
requested by staff. Additionally, the applicant has stepped the west side of the building
down to about three (3) stories in height to allow for it to transition better with the
neighboring condominiums, which contain approximately two and a half stories.
At the February 18"' hearing, staff requested that the applicant reduce the height of the
structure to around 52 feet in height throughout the property to make the proposal more
consistent with the height recommendations of the infill committee. The project was
originally proposed with a maximum height of about 63 feet above grade and a majority
of the structure was around 56 feet tall to the top of the parapet wall. The amended
proposal contains a maximum height of approximately 57 feet to the midpoint of the fifth
-2-
floor gazebo. More importantly, the applicant has removed the parapet wall and the
turret from the rooftop and stepped the building down on the west side. Therefore, with
the exception of the rooftop gazebo, the rest of the building is now between 42 and 50
feet above grade.
Staff believes that the amended elevations are a vast improvement over the original
proposal and that the applicant has successfully broken up the mass of the project
by stepping the west side of the structure down and by stepping back the upper
floors in certain areas. Staff also feels that the applicant has amended the elevations
to a height that is more consistent with that of other Lodge Planned Unit
Developments that have been approved throughout town, such as the Mountain
Chalet (51 feet tall), the Grand Aspen Hotel (48 feet tall), and the St. Regis (mid to
upper 50s). Staff understands that the Commission is caught between two possible
height regulations (current L/TR height limit of 28 feet, and proposed infill code
amendments height limit of 52 feet with special review) in making their decision on
this project. Staff is having a similar quandary in. making a recommendation on the
proposed height. Staff is still somewhat concerned with the fact that the proposal
has a maximum height over the 52-foot height requirements that were
recommended by the infill committee. If the Commission has a similar concern
about the proposed height being greater than that suggested by the infill committee,
they should ask that the applicant remove the fifth floor.
EMPLOYEE HOUSING MITIGATION:
At the February 18t" hearing, the applicant had proposed to provide employee -housing
mitigation for the addition of lodge bedrooms and accessory commercial space by
providing a combination of deed restricted buy -down units and a cash -in -lieu payment.
However, the amended plans now call for the construction of two. (2) affordable housing
units to be constructed on the ground floor of the building. The affordable housing units
are proposed as a studio unit and a three -bedroom unit. The units are proposed to be deed
restricted as rental units much like those that have been approved at the Innsbruck Inn
and the Mountain Chalet.
The Housing Board reviewed the original proposal and recommended that the applicant
be required to mitigate for the generation of 5.75 employees. Due to the fact that the
number of lodging bedrooms and the amount of accessory net leasable square footage
have changed since the original proposal that the Housing Board reviewed, the Housing
Authority Staff has determined that the required employee housing mitigation has also
changed. The new required amount of employee housing mitigation has been reduced to
require that housing be provided for 5.16 full-time employees.
In determining the revised mitigation requirements, the Housing Authority Staff used the
same methodology that they used in evaluating the original proposal. The Aspen Manor
structure was given credit for containing 23 lodging bedrooms when it was last open as a
lodge. Therefore, because the revised proposal includes a total of 29 lodging bedrooms,
the land use code requires that the applicant be held responsible for mitigating for the net
increase of six (6) lodging bedrooms. The mitigation requirement for the revised
-3-
proposal is based on an employee generation factor of .3225 new employees per
additional lodge room, which is the same factor that was used by the Housing Board in
evaluating the original proposal. In evaluating the required employee housing
requirements for the proposed lodge expansion, the applicant is required to house 60% of
the expected employees generated by the proposal pursuant to the Aspen Area
Coinrnunity Plan Housing Goals. Thus, the increase in lodging bedrooms on the site
would require that 1.16 (6 new lodging bedrooms x .3225 employees generated per new
bedroom= 1.935 employees generated, multiplied by 60%) employees be mitigated for.
In addition to the net increase in lodge rooms, the lounge/coffee bar area will include
approximately 1,908 square feet of new accessory net leasable space. The Land Use
Code does not contain an employee generation factor specific to conunercial net leasable
space in the L/TR zone, but states that 3.5 employees are expected to be generated for
every 1,000 square feet of net leasable space in the Commercial Lodge (CL) and other
zone districts. The Housing Board recommended that the applicant be required to
mitigate for the proposed accessory commercial space in addition to the lodge room
employee generation that was detailed above. Thus, the Housing Staff recommends that
the applicant provide mitigation for the proposed accessory commercial space as is
detailed below:
1,908 square feet of new net leasable square feet divided by 1,000 square feet = 1.908;
1.908 multiplied by 3.5 employees = 6.678 employees generated;
6.678 multiplied by 60% = 4.00 employees to be housed
As was mentioned previously, the applicant has proposed to provide two (2) deed
restricted affordable housing units on the site, which will provide credit for housing 4.25
full-time employees pursuant to Land Use Code Section 26.470.100. The applicant has
proposed to mitigate for the remainder of the .91 employees required to be housed by
paying a cash -in -lieu fee of approximately $166,000. This fee would be calculated at the
time of building permit.
Staff believes that the applicant has appropriately proposed to provide a large
percentage of their required employee housing mitigation on -site by means of
constructing two (2) affordable housing units. Furthermore, the units appear to be
quality units that are proposed above -grade to allow for adequate light and
ventilation. Additionally, the proposed units appear to meet the requirements set
forth in the Affordable Housing Guidelines in regards to size and livable amenities
(kitchen with a stove and refrigerator, clothes washer and dryer).
Staff has proposed a condition of approval that requires that the applicant provide
three (3) of the proposed on -site parking spaces for the use of the occupants of the
affordable housing units. However, staff has also included a provision that allows
for the three (3) spaces reserved for the affordable housing units to be used by lodge
guests if the occupants of the affordable housing units do not have vehicles, as is
sometimes the case with seasonal employees. This is consistent with how the
employee housing parking has been handled with other lodge expansion approvals
-4-
that have included internal employee housing such as the Innsbruck Inn and the
Mountain Chalet. In conclusion, staff believes that the amended proposal
adequately provides for the required employee -housing mitigation.
OCCUPANCY RATES:
Several of the Commissioners questioned if a luxury timeshare lodge project of this
nature would actually generate higher occupancy rates than a traditional lodge use given
the low density and size of the proposed units. In order to aid in the Plaiming and Zoning
Commission's decision -making process regarding the overall development proposal and
recommendation as to whether the number and size of units is appropriate, staff has
included information (attached as Exhibit "C") provided by the applicant that shows the
occupancy rates of other high -end fractional ownership developments throughout the
region as was requested by Commissioner Haneman at the previous hearing. However,
City Council will review the tax implications of the proposed timeshare development and
consider comments from the City Finance Director regarding the Financial Impact
Analysis that was provided by the applicant. The timeshare regulations that were
approved and enacted late last year established that City Council, at its sole discretion,
would determine whether the fiscal impacts of a timeshare project would necessitate
mitigation for a loss in sales tax revenues to the City.
Staff believes that the fractional ownership sales data that is included as Exhibit
"C" substantiates the applicant's claims that similar fractional ownership projects
are selling significant percentages of their estates after they mature and the
construction stages are completed. The information provided by Hobson Ferrariiu
Associates indicates that the Timbers Club (containing 288 units at 1/8 fractions) in
Snowmass Village is. 83% sold and the Snowmass Club (containing 30 units at 1/7
fractions) is 65% sold and is still in the construction stages. In addition, several studies
have been completed that have shown that the actual occupancy rates of the fractional
ownership units are higher than that of traditional lodge rooms and that the larger the
unit, the higher the occupancy rate.
In addition, the applicant has also proposed to rotate maintenance of the units in the off-
season, so that only one unit is not available at a time. The applicant feels that this will
further promote higher occupancy rates than would be received with a traditional lodge
use.
OTHER DISCUSSION ISSUES:
Several other discussion issues were brought up at the February 18t" public hearing that
staff would like to address. Several members of the public and the Commission
expressed concerns about traffic congestion that may be caused due to the lack of a Pull-
in parking for guests that are checking -in and for deliveries. The applicant proposed to
lease two (2) on -street parking spaces from the City to use as a loading zone to alleviate
this concern.- However, the City Engineer has expressed that he is strongly against
allowing the applicant to utilize parking spaces in the public right-of-way for this use.
The Planning Staff does not believe that this is a substantial issue given that there are five
(5) surface parking spaces proposed to be accessed off of the alley. Staff suggested that
-5-
the applicant propose to sign two (2) of the surface parking spaces in the alley as
thirty (30) minute check -in parking and that the applicant make it an operational
practice to inform estate owners and guests that the two (2) spaces are to be used for
check -in purposes only. Therefore, staff has added a condition of approval to the
proposed resolution that requires the applicant to sign the spaces accordingly and
inform guests at the time of room bookings to use the two (2) parking spaces when
checking in.
Members of the Commission also requested that the rooftop garden and gazebo be
accessible to the public. In response to this request, the applicant studied moving the
public lounge/bar to the fifth floor. However, it was determined by the applicant that
they did not feel that it was financially feasible to open a lounge/bar off -grade level
within Aspen. The applicant cited examples of commercial spaces around town that are
not at street level that have not succeeded as lounges and restaurants due to a lack of foot
traffic and exposure from the street. Therefore, the proposal still includes the fifth floor
gazebo as a private exercise/spa facility for guests and estate owners only.
Additionally, staff requested that the applicant widen the ramp into the parking garage to
a minimum of twenty-one (21) feet. Therefore staff is proposing a condition of approval
that requires the final PUD plans to exhibit a twenty-one (21) foot wide ramp into the
parking garage as is set forth in the International Transportation Engineer's (ITE)
Manual.
STAFF RECOMMENDATION:
Staff feels that the applicant has made great strides in addressing both staff and the
Planning and Zoning Commission's concerns in regards to the proposal. Moreover,
staff believes that the revised height is more consistent with that of other Lodge
Planned Unit Developments that have been approved throughout town as was
detailed previously. If the Commission is still concerned about the height of the
structure breaching the 52-foot height recommendation of the infill committee, the
Commission should request the removal of the fifth floor. However, other than the
lingering concern over the proposed height, staff believes that the applicant has
sufficiently addressed the remaining concerns regarding the project. If the
Commission believes that the proposed height is appropriate based on it's
consistency with the height of other approved Lodge PUD's, then the Commission
should approve the proposed resolution recommending that City Council approve
the proposal with the conditions contained therein.
RECOMMENDED MOTION:
"I move to approve Resolution No. 6, Series of 2003, recommending that City Council
approve with conditions, the Dancing Bear Timeshare Lodge Minor PUD, which includes
approval for a Minor PUD, Subdivision, Timeshare, Mountain View Plane, and Growth
Management Quota System Exemptions (GMQS) for Lodge Preservation."
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ATTACHMENTS
EXHIBIT A - REVIEW CRITERIA AND STAFF FINDINGS
EXHIBIT B - REFERRAL COMMENTS
EXHIBIT C - HOBSON AND FERRARINI OCCUPANCY INFORMATION
EXHIBIT D - HOBSON AND FERRARINI FRACTIONAL INDUSTRY OVERVIEW
EXHIBIT E - REVISED ELEVATIONS AND FLOOR PLANS
-7-
RESOLUTION NO. 6
(SERIES OF 2003)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING THAT CITY COUNCIL APPROVE THE DANCING BEAR
LODGE PRESERVATION MINOR PLANNED UNIT DEVELOPMENT
APPLICATION INCLUDING SUBDIVISION, TIMESHARE, MOUNTAIN VIEW
PLANE, AND GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION
(GMQS) FOR LODGE PRESERVATION AND AFFORDABLE HOUSING ON
THE PROPERTY DESCRIBED AS LOTS P, Q, R, AND S, BLOCK 77, CITY
AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO
Parcel No. 2735-182-19-002
WHEREAS, the Community Development Department received an application
from MSE Aspen Holdings, Inc, owner, represented by Mitch Haas of Haas Land
Plan riing, LLC, requesting approval of a Lodge Preservation (LP) Minor Planned Unit
Development including Subdivision, Timeshare, Mountain View Plane, and Growth
Management Quota System Exemptions (GMQS) for Lodge Preservation on the property
described as Lots P, Q, R, and S, Block 77, City and Townsite of Aspen; and,
WHEREAS, the subject property is approximately 11,957 square feet, and is
located in the Lodge/Tourist Residential (L/TR) Zone District; and,
WHEREAS, pursuant to Land Use Code Section 26.304.060(B), Combined
Reviews, the Community Development Director in consultation with the applicant has
concluded that a combined review of the land use requests associated with this
application would reduce duplication and ensure economy of time, expense, and clarity;
and,
WHEREAS, pursuant to Land Use Code Section 26.310, Map and Text
Amendments; Section 26.435, Mountain View Plane; Section 26.445, Planned Unit
Development; Section 26.470, Growth Management Quota System; Section 26.480,
Subdivision; and, Section 26.590, Timeshare, the City Council may approve, approve
with conditions, or deny the land use requests made by the applicant during a duly
noticed public hearing after taking and considering connments from the general public,
and recommendations from the Planning and Zoning Commission, Conununity
Development Director., and relevant referral agencies; and,
WHEREAS, during a duly noticed public hearing on February 4, 2003, the
Planning and Zoning Commission opened and continued the public hearing to February
18, 2003 ; and,
WHEREAS, during a duly noticed public hearing on February 18, 2003, the
Plaiming and Zoning Commission opened and continued the public hearing to March 18,
2003; and,
IVIZ,
MEMORANDUM
TO: Aspen Plazuling and Zoning Commission
THRU: Joyce Ohlson, Deputy Director-.."
FROM: James Lindt, Planner V L�
RE: Park -Dale Subdivision - Public Hearin
DATE: March 18, 2003
APPLICANT /OWNER:
Coast Pacific Asset Management, Inc.
REPRESENTATIVE:
Mitch Haas, Haas Land Planning LLC.
LOCATION: A
Lots 4A and 5A of the Independence No.2
Subdivision (1180 Dale Ave. and 215 Park
Ave.)
Existing Single -Family Residence
j
CURRENT ZONING:.,,x�
1.,,, .,� w 5�r, ..uw �:fi.� ,..R+�3.�'}.,� < t...:,x?i<" .t`..�. vn,r. -v ...,..,_?';,>m..v_..ku�+���..,,,'"s,�',.r.�:,•��err::v>
R-6 (Medium -Density Residential) Zone
District (Zoning Map that shows property as Photo Above: The picture above is the
R/MF has been determined to be in error) existing single-family residence located on
Lot 4A.
PROPOSED LAND USE REQUEST:
Subdivision to reconfigure lot lines to create
three (3) lots. .
SUMMARY:
The applicant requests subdivision approval
to reconfigure the lot lines of Lots 4A and
5A of the Independence No. 2 Subdivision
into three (3) lots. The applicant has
concurrently applied for an administrative
approval of a GMQS Exemption for
reconstruction of demolished units pursuant
to Land Use Code Section 26.470.070(A). In
addition, the applicant has applied for -
administrative approval of a GMQS Photos Above: The picture above is the
Exemption to construct a duplex or two (2) existing duplex that is located on Lot 5A.
detached dwelling units on one of the newly
created lots pursuant to Land Use Code
Section 26.470.070(B).
REVIEW PROCEDURE
A development application for subdivision shall be approved, approved with conditions, or
denied by City Council after considering a recommendation from the Plaiming and Zoning
Commission and the Community Development Director pursuant to Land Use Code
Section 26.480.040, Subdivision.
PROJECT SUMMARY:
The applicant, Coast Pacific Asset Management, Inc, requests subdivision approval to
reconfigure Lots 4A and 5A of the Independence No. 2 Subdivision into three (3) lots for
the purpose of single-family and duplex development. Lot 4A is located on the southwest
corner of Park and E. Hopkins Avenue and contains 9,005 square feet. Lot 5A is located
directly to the south of Lot 4A on the northwest corner of Park and Dale Avenues. Lot 5A
contains approximately 12,913 square feet. Therefore, the lots together total 21,918 square
feet.
The abovementioned properties are located in the R-6 (Medium -Density Residential) Zone
District. The Official Zone District Map had shown the parcels as being zoned R/MF, but
significant research into the zoning of the properties by the applicant and the Community
Development Department have determined that the zoning map was in error and that the
property had never been rezoned to R/MF by an ordinance. Therefore, staff has made the
determination that Lots 4A and 5A are zoned R-6 (please see the Zoning Interpretation that
is attached as Exhibit "C").
'�y , R
c,, _;`
The applicant would like to re -subdivide Lots 4A and 5A of the Independence No. 2
Subdivision into two (2) lots of just over 6,000 square feet and one lot of slightly more than
9,000 square feet. On the two (2) lots of approximately 6,000 square feet, the applicant
would like to construct a single-family residence on each lot that meets the dimensional
requirements of the R-6 Zone District. Subsequently, on the lot proposed to be 9,000
square feet, the applicant would like to construct either a duplex or two (2) detached
residential dwellings that meet the dimensional requirements of the R-6 Zone District.
2
The applicant concurrently applied for a GMQS exemption for reconstruction of
demolished units that has been approved administratively by the Community Development
Director contingent upon subdivision approval to obtain development rights. Currently,
there are three (3) residential units located on the two (2) existing parcels. The applicant
wishes to demolish the three (3) residential units and replace them with four (4) units on
the three (3) lots to be created. Therefore, the applicant would be able to reconstruct three
(3) units within the subdivision by virtue of gaining an exemption from GMQS for
reconstruction of three (3) demolished units. Additionally, the applicant has requested a
GMQS exemption pursuant to Land Use Code Section 26.470.070(B), which allows for the
"remodel or expansion of a single family dwelling into a duplex dwelling". Therefore, the
applicant could remodel the single-family residence to be built on the 9,0.00 square foot lot
into a duplex if the GMQS exemption is approved. This request has also been approved by
the Community Development Director contingent upon approval of the subdivision. The
applicant proposes to either pay cash -in -lieu or build an ADU that meets the ADU design
standards to satisfy the mitigation requirements of the abovementioned GMQS exemption.
In conjunction with the application for subdivision, the applicant has also requested to
move a portion of Dale Avenue back into the platted public right-of-way. Currently, a
sizable portion of Dale Avenue is located on the southern part of the existing Lot 5A. The
applicant has already received approval of a right-of-way improvements agreement from
City Council to relocate Dale Avenue back into the platted public right-of-way at the
applicant's expense.
STAFF ANALYSIS:
Staff believes that the subject properties are suitable for subdivision. Lots 4A and 5A are
relatively flat and contain no slopes over 20 percent. Staff also feels that proposed single-
family and duplex residential uses are compatible with the uses in the immediate vicinity
given that the majority of the development in the general neighborhood consists of single-
family and duplex residential structures. In addition, the proposed lots are located near an
existing RFTA bus route with a bus stop that is located at the intersection of Park Avenue
and E. Hopkins. The site is also within walking distance of the Commercial Core as the
applicant has pointed out in the application.
Staff also believes that the applicant may obtain development rights for the four (4)
proposed residential units in the manner that was detailed in the proposal summary above.
Therefore, the Community Development Director has approved the proposed GMQS
exemptions contingent on the approval of the subdivision. The GMQS exemption approval
allows the applicant to use reconstruction credits for the development of three (3) of the
proposed units. The fourth unit was granted a GMQS exemption for expanding one of the
single-family residences to be constructed, into a duplex pursuant to Land Use Code
Section 26.470.070(B). As a condition of approval of the administrative GMQS
exemptions, the applicant is required to meet one of the mitigation options that are set forth
in Land Use Code Section 26.470.070(B) for each of the residential units to be constructed.
SCHOOL LAND DEDICATION:
The applicant is subject to school land dedication for the addition of the residential units to
be developed within the proposed subdivision pursuant to Land Use Code Section 26.630.
3
The applicant has proposed to pay cash -in -lieu of dedicating land. The amount of the
required cash -in -lieu payment is based on the following equation:
Cash Payment —Market Value of the Land Proposed for Subdivision x Land Dedication
Standard (based on number of bedrooms proposed) x 0.33
In this instance, the amount of the required cash -in -lieu payment canriot be determined at
this time because the proposed residences have not been designed. Therefore, the
dedication amount caiuzot be determined because it is calculated based on the number of
bedrooms being proposed within the subdivision, which is still an uncertainty. The
applicant has consented to paying the applicable school land dedication fee at the time of
building permit issuance for each residence on a proportional basis and this is reinforced by
a condition of approval. Thus, staff believes that the proposal will meet the land dedication
standard.
RELOCATION OF DALE AVENUE AND RELATED ISSUES:
As was stated in the surnniary of the proposal, the applicant is proposing to relocate Dale
Avenue off of the southern portion of Lot 5A and into the platted public right-of-way. The
applicant has reached an agreement with the City Engineering Department and City
Council to relocate Dale Avenue at the applicant's expense. As a result of the approved
relocation, Dale Avenue will be reduced slightly in width to twenty-one (21) feet. In
reviewing the right-of-way improvements agreement to relocate Dale Avenue, City Council
indicated that they did not feel that curb and gutter was appropriate for the neighborhood at
this time.
In a related matter, the Aspen Sanitation District is requiring that the applicant either grant
the District an easement to accommodate the existing sewer line that crosses about twenty
(20) feet into the southeast corner of the proposed Lot 3 or relocate the existing sewer line
to within the public right-of-way at the applicant's expense. The applicant has chosen the
option of relocating the sewer line into the public right-of-way. As part of the relocation of
the line, the Sanitation District has required that the applicant maintain a ten (10) foot
setback off of the water line that currently exists in the public right-of-way. Therefore,
staff has proposed a condition of approval that requires that the applicant relocate the sewer
line completely into the right-of-way at the applicant's expense prior to issuance of a
building permit on Lot 3 of the proposed subdivision.
VEHICULAR ACCESS:
The applicant is proposing to access the northern lot (proposed Lot 1) by way of E.
Hopkins Avenue as it is currently accessed. Access to the middle lot (proposed Lot 2) is
proposed off of Park Avenue and access to the southern lot (proposed Lot 3) is proposed
off of Dale Avenue. Staff believes that the applicant has appropriately proposed access on
the corner lots off of Dale Avenue and the short portion of E. Hopkins, which are
considerably less busy than Park Avenue. Therefore, staff does not believe that any issues
exist with the proposed vehicular access.
REFERRAL AGENCY COMMENTS:
The City Engineer, Fire Marshal, Water Department, Aspen Sanitation District, Streets
Department, and the Parks Department have all reviewed the proposed subdivision. The
City Engineering Department has requested that the applicant provide a five (5) foot wide
Ll
c
sidewalk easement along the southern property line of the proposed Lot 3 that allows for
sidewalk to be constructed within it. In addition, the Engineering Department has
requested that the applicant put in a crush on fine gravel path in the Park Avenue Right -of -
Way from the corner of E. Hopkins to Dale Avenue and on the proposed Lot 3 along Dale
Avenue in the sidewalk easement to be granted. Therefore, staff has proposed a condition
of approval that requires the crush on fine gravel path along Dale Avenue to be completed
prior to issuance of a certificate of occupancy for Lot 3. Furthermore, staff has proposed a
condition of approval that requires the crush on fine gravel path along Park Avenue to be
completed prior to issuance of certificate of occupancy on Lots 1 and 2 of the proposed
subdivision.
Additionally, it has been requested that an underground electrical circuit be provided to the
corner of E. Hopkins and Park Avenue when the overhead utility lines are to be placed
underground to allow for service to be maintained to the existing street lamp. These
requests are proposed as conditions of approval.
RECOMMENDATION:
Staff recommends that the Planning and Zoning Commission approve the proposed
resolution recommending that City Council approve with conditions the proposed
subdivision to allow for the Lots 4A and 5A of the Independence No.2 Subdivision into
Lots 1, 2, and 3 of the Park -Dale Subdivision.
RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to approve Resolution No.6, Series of 2003, recommending that City Council
approve the Park -Dale Subdivision, with conditions. "
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B -- Application
Exhibit C -- Zoning Interpretation
Exhibit D -- Referral Comments
5
RESOLUTION N0. Iq
(SERIES OF 2003)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE THE
PROPOSAL TO SUBDIVIDE LOTS 4A AND 5A, OF THE INDEPENDENCE NO.2
SUBDIVISION TO CREATE LOTS 15 29 AND 3, OF THE PARK -DALE
SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2 73 7-181-33-051
Parcel ID: 2 73 7-181-33-052
WHEREAS, the Community Development Department received an application
from Coast Pacific Asset Management, Inc, represented by Mitch Haas, requesting to
subdivide Lots 4A and 5A, of the Independence No. 2 Subdivision to create Lots 1, 2,
and 3, of the Park -Dale Subdivision; and,
WHEREAS, the subject properties are zoned R-6 (Medium -Density Residential);
and,
WHEREAS, the proposed lots are to contain 6,000 square feet (Lot 1), 6,921
square feet (Lot 2), and 9,000 square feet (Lot 3) respectively; and,
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Department recommended approval, with conditions, of the
proposed subdivision; and,
WHEREAS, during a duly noticed public hearing on March 18, 2003, the Planniing
and Zoning Conunission approved a resolution, by a to (_- ) vote,
recommending that City Council approve the proposed Subdivision with conditions; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified herein; and,
WHEREAS, the Planning and Zoning Commission finds that the development
proposal meets or exceeds all applicable development standards and that the approval of the
development proposal, with conditions, is consistent with the goals and elements of the
Aspen Area Conununlity Plan; and,
WHEREAS, the Planniing and Zoning Commission 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 OF ASPEN PLANNING
AND ZONING COMMISSION AS FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in Section 26.480 of the City of Aspen
Land Use Code, the Planniing and Zoning Commission recommends that City Council
f
Iva C,
MEMORANDUM
TO: The Aspen Planning & Zoning Commission
THRU: Joyce Allgaier Ohlson, Deputy Director'
FROM: Scott Woodford, City Planrie l
RE: ST. REGIS HOTEL: PUBLIC HEARING, PLANNED UNIT DEVELOPMENT
AMENDMENT, GMQS EXEMPTIONS, SUBDIVISION, AND TIMESHARE;
RESOLUTION No.. SERIES 2003
DATE: March 18, 2003
The entrance to
the St. Regis
Hotel and
Building B.
Building A is
located up South
Mill Street and
Building C is
located across a
vacated portion of
Dean Avenue via
a bridged
walkway (see also
the site plan on
the following
page). All three
buildings are
proposed for
various interior
renovations.
PROJECT:
ST. REGIS HoTEL'
REQUEST
GMQS Exemptions, Planned Unit Development (PUD) Amendment, Timeshare,
SUMMARY:
and Subdivision to convert 98 existing hotel rooms into 24 timeshare lodge units
and one residential unit in Building B, to convert a portion of the existing
meeting room hotel office, and accessory space on the Ballroom Level of
Building A into an approximately 15,300 square foot spa amenity, to relocate the
hotel offices into the existing spa facility on the Second Level of Building B, and
to convert 22 approved hotel rooms in Building C into 20 hotel rooms.
LOCATION:
315 East Dean Street
STAFF
APPROVAL OF THE GMQS EXEMPTIONS, PUD AMENDMENT,
RECOMMENDATION:
TIMESHARE, AND SUBDIVISION, WITH CONDITIONS
ST. REGIs HOTEL STAFF REPORT PAGE 1
I
W
PROJECT SUMMARY:
The applicant, SLT Aspen Dean Street, LLC, an affiliate of Starwood Hotels and Resorts,
has submitted an application requesting the appropriate land use approvals to make a
number of improvements to the St. Regis Hotel. According to the application submitted
for the proposal, the applicant proposes to make over $30 million in upgrades to the hotel,
citing that the changes are necessary to help the St. Regis keep pace with other luxury
hotels in competing resort communities and to meet changing consumer expectations.
The proposed changes to the hotel include the following (see Floor Plans in Application
on pages 16-24 for help in understanding the proposal):
1.) Conversion of 98 of the existing hotel rooms located on the 2"d through the 6t" floors
in Building B into 24, two and three bedroom timeshare units and 1 whole residential
unit. The applicant proposes to sell the timeshare units in 1/11th increments.
2.) Conversion of a portion of existing meeting room and pre -function space, the
business center and hotel sales and accounting offices on the Ballroom Level under
Building A into an approximately 15,300 square foot spa for the use of guests.
3.) Relocation of the hotel sales and accounting offices from the Ballroom Level into the
4,800 square foot spa on the 2"d floor of Building B.
4.) Reduction of the number of un-built, yet approved hotel rooms on the 2"d and 3rd
floors of Building C (Blue Spruce Building) from 22 to 20 hotel rooms (16 hotel
rooms and 4 one bedroom suites). The 22 units were part of the original approval, but
were never constructed. This application seeks an Amendment to the original PUD to
reduce the number of units from 22 to 20.
Looking from South
Mill Street towards
Building B, which
will house the 24
proposed timeshare
lodge units and one
whole residential
unit on the second
through sixth floors.
No changes are
proposed to the
exterior of any part
of the hotel.
ST. REGIs HOTEL STAFF REPORT PAGE 2
If the changes are approved, it will result in a change from an existing total of 279 hotel
rooms (257 built units and 22 un-built units in Building C) to 187 hotel rooms, 24
timeshare lodge units and 1 whole residential condominium. The new spa facility will
consist of 3 fitness centers, 8 treatment rooms, 8 spa/facial/therapy rooms, 4 waiting
lounges, a salon, boutique, reception area, separate women's and men's changing areas
with private steam, sauna, cold plunge, Jacuzzi, and several staff/attendant/reservations
stations located on -site. All changes proposed are to the interior of the building and no
exterior changes or site improvements are proposed.
REVIEW PROCESS:
The applicant requests the following land use approvals for the project described above:
1) Planned Unit Development (PUD) Amendment: An Amendment to the PUD
approval for the St. Regis Hotel is necessary to approve the conversion of the 98 hotel
rooms into 24 timeshare lodge units and one residential unit, and to convert the 22 un-
built lodge units into 20 lodge units in Building C. Since the proposed Amendment
has been determined by the Community Development Director to not be eligible for
an Insubstantial Amendment and to be inconsistent with the approved final
development plan, both Planuling and Zoning Commission and City Council approval
are required. The timeshare use also requires PUD approval.
A view looking towards Building
C of the St. Regis, which is
connected to the main part of the
hotel by the enclosed bridge over
Dean Avenue. Although 22 hotel
rooms were originally approved
for Building C, the owners never
constructed them and the building
is only a shell with two floors. As
part of this application, the
applicant would like to convert
them into 20 hotel rooms and
construct their simultaneous to
the other changes.
2) Growth Management Quota System (GMQS) Exemptions: The following GMQS
Exemptions are requested:
Remodeling, restoration, or reconstruction of existing buildings (Section
26.470.070.A.): to remodel the existing hotel units into timeshare lodge units.
Staff has determined that the proposal is a remodel, as the Code defines a remodel
as "a construction project comprising revisions within or to elements of an
existing structure, as distinct from additions to an existing structure." This
exemption is allowed provided it does not add additional lodge units (timeshare,
ST. REGIs HOTEL STAFF REPORT PAGE 3
like hotel, are considered to be "lodge" in the Code) and does not involve a
change of use.
• Change of Use (Section 26.470.070.F): to allow the conversion of hotel units into
one residential unit. The change of use exemption is not required for the
conversion of hotel units into timeshare lodge units because both uses are
considered tourist accommodations, for the purposes of the Code.
• ' Accessory Uses in a Mixed Use Development (Section 27.470.070.K): to allow
for the reconfiguration of hotel accessory space, specifically the spa, meeting
space, and hotel office.
3) Timeshare: The applicant proposes to sell the converted hotel rooms as timeshare
lodge units in 1 / 11 "' increments. To qualify as a timeshare, the proposal must comply
with the Review Standards for Timeshare Lodge Development (contained in Exhibit
C).
4) Subdivision: Subdivision is required for creating multi -family units, for
condomllllumizatlon, and for timeshare approval. The process, act, or result of
dividing land into two or more separate legal interests for the purpose of transfer of
ownership constitutes a subdivision. According to Section 26.480.090, a
condominium plat must be submitted to the Community Development Director for
review and approval as a subdivision. This step is usually done after the construction
is significantly complete; however, as subdivision approval is technically required to
approve a condominium plat (which would require another City Council approval),
the applicant is requesting subdivision approval for the condominiumization at this
stage so that Subdivision approval will not be necessary again at the time the
applicant wishes to file the condominium plat.
Final Review Authority: Per Section 26.304.060, when more than one development
approval is being sought simultaneously, the applicant may choose to combine them in
order to eliminate or reduce duplication and ensure economy of time, expense and clarity.
This means that, although some land use approvals require only staff approval or P&Z
approval, while others require Council approval, all requested approvals for the St. Regis
will be reviewed by P&Z and their recommendation will be passed on to Council for final
review.
BACKGROUND/ExiSTING CONDITIONS:
The St. Regis Hotel (formerly known as the Ritz Carlton) finished construction in
December of 1992. The property was purchased by the current owner in January of 1998.
For information about the history of Lot 1 of the Aspen Mountain Subdivision PUD, and
the St. Regis Hotel, see Page 1 of the Application.
ST. REGIs HOTEL STAFF REPORT PAGE 4
PREVIOUS ACTIONS:
The Housing Authority Board reviewed the application at their March 5, 2003 meeting
and approved the application with the condition that the applicant be subject to an
employee audit to be conducted one full fiscal year after completion of the changes. The
Housing staff had indicated to the Board that they agreed with the applicant with regard
to a reduction in the number of employees generated for the lodge and hotel portion of the
project because of a reduction in the number of those units, but felt that there would be an
increase of 23.3 new employees with the expanded spa. Of those, the applicant would be
required to provide housing for 60%, or for 13.98 employees. In arriving at this
requirement, the Housing staff used the figure of 12.8 employees per 1,000 square feet,
which is the same figure used in determining the employee generation for food and
beverage space. The applicant contends that the food and beverage generation figure is
too high for spa uses and that the increase in employees generated by the spa would be
more than offset by the reduction in employees required from the net loss of overall lodge
units and partial reduction of conference space. In fact, the applicant believes that there
will be a net loss of 3.59 employees.
Ultimately, the Board was uncomfortable with requiring a factor of 12.8 employees per
1,000 square feet for the spa and, because there exists no employee generation numbers
for spas in the Code, the Board decided to instead require the audit after one year. The
applicant agreed to the provision. In their approval, the Board added the following
conditions:
1. The applicant shall conduct an audit inu-nediately after one full fiscal year following
the issuance of a certificate of occupancy for the proposed new spa facility, hotel
rooms, timeshare units, and residence under the following terms:
a. The applicant shall retain an auditor and shall gain prior approval from the
Housing Office Operations Manager for the selection of the auditor.
b. The applicant shall be fully responsible for all fees associated with retaining an
auditor.
2. Should the audit show an increase in the number of employees, the applicant shall
return to the Housing Authority under the following terms:
a. The applicant shall provide deed restricted, affordable housing for any additional
employees of the new facilities.
b. The applicant shall abide by the Aspen/Pitkin County Affordable Housing
Guidelines in effect at the time of the audit.
STAFF COMMENTS:
PUD AMENDMENT: Any request for an Amendment to a PUD must comply with the
review criteria for a PUD. Staff has reviewed the proposal against the criteria and finds
ST. REGIs HOTEL STAFF REPORT PAGE 5
that the request for PUD Amendment meets all of the applicable criteria (See Exhibit A
for a full analysis of Staff Findings for PUD).
GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS: The applicant
requests three different exemptions from the City's GMQS as listed below. Staff
comments on the proposal's compliance with the criteria follows: (For full review, see
Staff Findings in Exhibit B)
REMODELING, RESTORATION, OR RECONSTRUCTION OF EXISTING BUILDINGS: A GMQS
Exemption is requested to allow for the remodeling of 98 of the existing hotel rooms into
25 timeshare lodge units. The Code states that such remodeling shall be exempt from the
growth management competition and scoring procedures, provided that it does not create
additional dwelling, hotel or lodge units or involve a change of use. In this instance, the
number of units is being reduced and, because the Code defines both hotel and timeshare
units as tourist accommodation, there is no change of use, so staff finds the request to
comply with the criteria.
CHANGE OF USE: A GMQS Exemption is also requested to allow for the change of use
from hotel, or tourist accommodation, to residential for the proposed conversion of
several hotel rooms into one whole condominium unit. There are seven criteria a request
must comply with to get the exemption (all of them can be found in Exhibit B), but the
two most significant criteria are that:
a..) a minimal number of additional employees will be generated by the change in use
and that employee housing i4;ill be provided for the additional employees
generated.
As noted above, the applicant contends that the proposal will actually result in a reduction
of 3.59 employees generated because of the ability of the hotel management to
consolidate employees and because of the reduction in employees from the conversion to
less lodge units and eliminating a portion of meeting space (a letter from Joseph Wells,
representing the applicant, is attached detailing the anticipated employee needs of the St.
Regis Hotel after the changes, Exhibit F). The Housing staff felt that the changes would
generate 23.3 employees and be required to mitigate for 13.98 of them. The Housing
Board decided to require an audit one year after the changes are complete. If the audit
determines that there were more employees generated than are contemplated with this
application, then the applicant shall be required to provide additional affordable housing.
Based on this safeguard, staff believes that the project complies with the above criteria.
With the original approval for the hotel, the applicant was required to provide affordable
housing. In the First Amended and Restated P1anuled Unit Development/Subdivision
Agreement recorded in 1988, the hotel was required to house 161.5 employees, which
was based solely on lodge operations, accessory food and beverage space and accessory
retail space. Employee generation for the spa was not considered as it was apparently
agreed at the time, between the owner and the City, that the hotel did not generate
ST. REGIs HOTEL STAFF REPORT PAGE 6
employees beyond those generated by these three factors. The owner, however,
eventually agreed to provide housing for 198.5 employees in exchange for City Council
approval of a revised plan and is credited with housing 182 employees in the Alpina
House, Copper Horse Lodge, Ute City, and the Hunter Longhouse. An audit, which was
required of the original PUD and conducted by the Ritz Carlton (now the St. Regis), in
1998, concluded that the 198.5 employees mitigated was reasonable in accordance with
the 1993-1994 payroll records.
b.) a minimal amount of additional parking spaces ivill be demanded by the change
in use and that parking will be provided.
According to the application, the parking demand will be reduced by 10.33 spaces as a
result of the timeshare conversion. This difference was calculated by comparing the
parking demand of the net loss of the units (98 existing units — 25 proposed units = 78 net
loss of units) with the number of proposed units. When the Aspen Mountain Subdivision
PUD was originally approved, a parking demand study was done for the whole
subdivision by TDA, Inc. and used to determine parking requirements for the hotel. The
study was used to determine parking requirements rather than the Code requirement
because it was agreed by all parties that it would provide a more accurate, site specific
analysis of the parking demand. The study concluded that the peak parking demand for
the hotel is in the summer and estimated that .66 spaces per lodge bedroom was sufficient
during times of an average 90% occupancy rate. Parking for residential uses, similar to
the proposed timeshare use, was also predicted in the report, assuming one space per 2
bedroom unit and two spaces per 3 bedroom unit. The applicant proposes to use those
ratios to determine the parking demand for the 25 proposed timeshare units. The
reduction of 10.33 spaces with the conversion was calculated as follows:
Existing:
78 (net loss of rooms) x .66 x 90%
= 46.33 spaces
Proposed:
14 2BR units x 1 space = 14 +
11 3BR units x 2 spaces = 22
= 36 spaces
Staff feels that existing parking is adequate to meet the demand generated by the hotel
with the proposed changes.
ACCESSORY USES IN MIXED USE DEVELOPMENT: A GMQS Exemption is requested to
allow reconfiguration of the spa, meeting space, business center, and hotel office, which
are all considered to be accessory uses of the hotel. There are five criteria for review
(found in Exhibit B). The most notable criteria is that the impacts of accessory use on
public facilities and affordable housing shall be mitigated by an agreement to provide
those facilities. According to the Development Review Committee (DRC) review of the
proposal, there will be no adverse impact to any public facility, although additional tap
fees may be assessed due to the change in use (which is addressed in a condition of
approval). A condition of approval has been added requiring an audit of employees one
year after operation to determine exactly how many employees work for the hotel and,
therefore, how many employees are required to be mitigated for with regard to affordable
ST. REGIs HOTEL STAFF REPORT PAGE 7
housing. If the audit determines that there is no increase in the number of employees over
what they have prior to the remodel, then there would be no requirement for additional
housing. If the audit determines that there is an increase in the number of employees,
then the applicant will be required to mitigate for them. Based on this, staff is
comfortable that the affordable housing demand created by this proposal will be
adequately addressed.
TIMESHARE: The applicant proposes to timeshare 24 of the twenty-five new units into at
least 1/1 It" fractional interests, or Club Interests as the applicant refers to them. With sale
of biennial interests (biem-iial interests give the owner the right to occupy a unit every
other year), the fractional interests may be as high as 1/15t". As each fractional interest is
proposed to be sold in minimum increments of four (with each increment representing
seven days) and each unit is divided into 11 different interests, a total of 44 out of the 52
weeks of the year will be sold for each unit. The remaining 8 weeks will be rented out to
the general public via walk-in or through the central reservation system. In addition, the
Club Interest Owners may relit out a.portion or all of their Club Interests to the general
public. If the Club Interests are not reserved by owners in a timely manner, the timeshare
plan operator is permitted to rent them out (Note: as the application did not specify what
"timely manner" meant, the applicant should state for the record at the public hearing, the
specific amount of time). The applicant is complying with all of the applicable review
criteria for timeshare and is not requesting any variances.
This proposal will reduce the number of existing lodge units and bedrooms. One
provision of the timeshare ordinance requires that there not be a reduction of the existing
lodging inventory, in terms of units and bedrooms. The ordinance goes on further to state
that if the applicant is unable to replace the existing number of units and bedrooms, then
they must demonstrate how the proposal complies with the purposes of the regulation.
The proposed conversion will result in a reduction of the number of units in the St. Regis
Hotel, from 257 hotel units to 192 hotel, timeshare, and residential units. In addition, the
conversion will reduce the number of bedrooms, from 257 to 248. The applicant
contends, however, that the number of "sleeping facilities", which includes bedrooms and
sleeper sofas, will be increased with the conversion. The increase in sleeping facilities
will be from the existing, 257, to 266 after the conversion. Staff finds that because the
drop in number of actual bedrooms is relatively slight, that the applicants proposal to
include the sleeper sofas in the overall equation is sufficient to comply with this
provision. Furthermore, the other mandatory and optional timeshare requirements are
well addressed in the St. Regis facility, including additional spa improvements.
SUBDIVISION: Subdivision approval is necessary to approve the creation of separate legal
interests so that the timeshare lodge units may be conveyed separately. Given that the
subdivision review, in this instance, is related to the creation of the timeshare lodge units
and the changes are all interior to the existing building, much of the subdivision review
criteria is not applicable. The development does comply with the criteria that is
applicable, such as whether the proposed subdivision is consistent with the Aspen Area
ST. REGIs HOTEL STAFF REPORT PAGE 8
Community Plan and whether it is consistent with the character of the surrounding area
(See full Staff Findings for Subdivision in Exhibit D).
DEVELOPMENT REVIEW COMMITTEE (DRC) REFERRAL COMMENTS:
The DRC meeting was held on February 19, 2003. The minutes from that meeting are
contained in Exhibit G. No significant issues were raised by the DRC.
STAFF SUMMARY AND RECOMMENDATION:
Staff recommends approval of a PUD Amendment, Growth Management Quota System
Exemptions, Timeshare, and Subdivision for the St. Regis Hotel
RECOMMENDED MOTION:
"I move to approve Resolution No. /Q, Series of 2003, for a PUD Amendment, GMQS
Exemptions, Timeshare, and Subdivision for the St. Regis Hotel."
ATTACHMENTS: Exhibit A: PUD Amendment — Staff Findings
Exhibit B: Growth Management Quota System — Staff Findings
Exhibit C: Timeshare — Staff Findings
Exhibit D: Subdivision — Staff Findings
Exhibit E: Housing Authority Memorandum
Exhibit F: Letter from Joseph Wells
Exhibit G: Development Review Committee (DRC) Minutes
Exhibit H: Application
ST. REGIs HOTEL STAFF REPORT PAGE 9
RESOLUTION N0. ID
(SERIES OF 2003)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING CITY COUNCIL APPROVE A PLANNED
UNIT DEVELOPMENT (PUD) .AMENDMENT, GROWTH MANAGEMENT
QUOTA SYSTEM (GMQS) EXEMPTIONS, TIMESHARE, AND SUBDIVISION
FOR THE ST. REGIS HOTEL, CITY OF ASPEN, PITKIN COUNTY,
COLORADO.
Parcel ID: 2 73 7-1828-5001
WHEREAS, the Community Development Department received an application
from the SLT Aspen Dean Street, LLC (Applicant), represented by Gideon Kaufman of
Kaufman and Peterson, P.C., requesting a PUD Amendment, Growth Management Quota
System Exemptions, Timeshare, and Subdivision to convert 98 existing 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, and to convert the existing spa facility on
the Second Level of Building B to relocated hotel offices; and,
WHEREAS, the 24 timeshare lodge units are proposed to be sold in a minimum
of 1/1 It" fractional interests; and,
WHEREAS, the Community Development Department received referral
continents from the Aspen Consolidated Waste District, City Engineering, Building, Fire,
Streets, Parks, Housing, Envirolunental Health, and Water Departments as a result of the
Development Review Committee meeting; and,
WHEREAS, the applicant has chosen to consolidate all of the land use approvals,
in accordance with Section 26.304.060, so that City Council will be the final reviewing
body on all land use requests; and,
WHEREAS, upon review of the application, referral continents, and the
applicable Land Use Code standards, the Community Development Department
recontinended approval for the proposed land use requests for the St. Regis Hotel; and,
WHEREAS, at its meeting on March 5, 2003, the City of Aspen / Pitkin Courity
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.1jO Series of 2003, by a vote of to (_ - _), to
City Council to approve a PUD Amendment, Growth Management Quota System
Exemptions, Timeshare, and Subdivision; and,
ST. REGIs HOTEL STAFF REPORT PAGE 10
NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO ON THE 18"' DAY OF
MARCH 2O03, THAT:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Planning and Zoning Commission recommends approval of the Amendment to the
PUD, GMQS Exemptions, Timeshare, and Subdivision, subject to the following
conditions:
1. The building permit application shall include:
a. A copy of the final Ordinance and recorded P&Z Resolution.
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 pen -nit:
a. The primary contractor shall submit a letter to the Coinrnunity 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
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/beverage service
areas. American With Disabilities Act (ADA) Accessibility shall be provided to
all timeshare units and to the juice bar and spa. A Temporary Certificate of
Occupancy (TCO) may be issued subject to safety and Fire Department concerns
being addressed to the satisfaction of the Fire Marshal and the Aspen Building
Department.
g. The applicant shall be subject to the soon to be adopted International Fire Code.
The applicant shall submit a complete set of fire sprinkler and alarm plans to the
ST. REGls HOTEL STAFF REPORT PAGE 11
Fire Department, Water Department and Sanitation District prior to sign -off of
building permit. In addition, the applicant shall comply with new regulations
requiring sprinkler heads that provide a larger flow that may impact the plumbing
design, the size of the water tap, and water service fees.
h. At the time of building permit, Environmental Health shall review the plans for
the juice bar set-up and operations.
3. Per the Aspen Pitkin County Housing Authority Board approval of the application on
March 5, 2003) the applicant shall conduct an audit immediately after one full fiscal
year following the issuance of a certificate of occupancy for the proposed new spa
facility, hotel rooms, timeshare units, and residence under the following terms:
a. The applicant shall retain an auditor and shall gain prior approval from the
Housing Office Operations Manager for the selection of the auditor.
b. The applicant shall be fully responsible for all fees associated with retaining an
auditor.
3. Should the housing audit show an increase in the number of employees, the applicant
shall return to the Housing Authority under the following terms:
a. The applicant shall provide deed restricted, affordable housing for any additional
employees of the new facilities.
b. The applicant shall abide by the Aspen/Pitkin County Affordable Housing
Guidelines in effect at the time of the audit.
5. Final Condominium Declarations shall be submitted to the City concurrent with the
submission of the Condominium Subdivision Plat and shall include the following
language regarding timeshare:
a. Timeshare estates shall be made available for short-term rental when the estate
is not in use by the owner of the unit, the owner's guests, or persons occupying
the unit under an exchange program. Units that are available for rental shall be
listed at competitive rates in a central reservation system.
b. The covenants of the homeowners association shall permit walk-in rental of
units. The association shall not limit rental of units to such arrangements as
only weekly rentals or Saturday -to -Saturday rentals; instead the association shall
permit shorter stays, split -week rentals, and similar flexible arrangements.
c. Owners of timeshare estates shall be required to reserve their unit/time sufficiently
far enough in advance to enable the public to obtain access to those units that are
not so reserved.
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 the owner is not using that estate.
ST. REGIs HOTEL STAFF REPORT PAGE 12
6. The timeshare lodge units that remain in the developer's inventory shall be made
available for rental to the public while the estates are being sold, except for models and
other units that are needed for marketing or promotional purposes.
7. The Applicant shall pay the City of Aspen school land dedication fees for the
additional residential unit. These fees shall be due and payable at the time of issuance
of a building permit for the development.
8. A PUD Agreement and Amended PUD Plan shall be recorded within 180 days of the
final approval by City Council and shall include the information required to be
included in a PUD Agreement, pursuant to Section 26.445.070(C).
9. The applicant shall file a Notice of PUD in the Clerk and Recorders office of Pitkin
County subsequent to receipt of a development order, or prior to issuance of a
building permit.
Section 2:
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 fiilly set forth herein, unless amended by an authorized
entity.
Section 3:
This Resolution shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending Linder or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
gPrtinn d-
If ally 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 Commission at its regular meeting on March 18, 2003.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
City Attorney Jasmine Tygre, Chair
ST. REGIS HOTEL STAFF REPORT PAGE 13
ATTEST:
Jackie Lothian, Deputy City Clerk
ST. REM HOTEL STAFF REPORT PAGE 14
EXHIBIT A.
PLANNED UNIT DEVELOPMENT (PUD) FINDINGS
Planried Unit Development. A development application for PUD shall comply with the
following standards and requirements:
A. General requirements.
1. The proposed development shall be consistent with the Aspen Area Community
Plan.
STAFF FINDING: I DOES IT COMPLY? ( YES
The proposal complies with the applicable aspects of the AACP, specifically with
regard to creating a sustainable economy. The conversion of a portion of the St.
Regis hotel Lulits into timeshare units, the expansion of the spa, and the construction
of the additional hotel units that were originally approved will make the project more
attractive to visitors and therefore increase the number of visitors to the property.
With increased visitors, especially during the off-season, the City will receive
additional revenue, which will contribute to sustaining and increasing the local
economy. This type of land use is consistent with the AACP in locating tourist
accommodations close to the ski area and close to the commercial core.
2. The proposed development shall be consistent with the character of existing land
uses in the surrounding area.
STAFF FINDING: I DOES IT COMPLY? YES
The proposed timeshare use is consistent with surrounding tourist oriented
accommodations and proposed timeshare projects in close vicinity.
3. The proposed development shall not adversely affect the future development of
the surrounding area.
STAFF FINDING: DOES IT COMPLY? YES
Since all proposed changes are interior, the proposed development will not adversely
affect the future development of the surrounding area
4. The proposed development has either been granted GMQS allotments, is exempt
from GMQS, or GMQS allotments are available to accommodate the proposed
development and will be considered prior to, or in combination with, final PUD
development plan review.
STAFF FINDING: DOES IT COMPLY? YES
All of the requested land use approvals are eligible for GMQS exemptions.
B. Establishment of Dimensional Requirements:
ST. REGis HOTEL STAFF REPORT PAGE 15
The PUD development plans shall establish the dimensional requirements for all
properties within the PUD. The dimensional requirements of the underlying zone
district shall be used as a guide in determining the appropriate dimensions for the
PUD. The proposed dimensional requirements are listed below:
STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE
No exterior changes are proposed, therefore no changes to dimensional standards.
1. The proposed dimensional requirements for the subject property are appropriate
and compatible with the following influences on the property:
a) The character of, and compatibility with, existing and expected future land
uses in the surrounding area.
b) Natural or man-made hazards.
c) Existing natural characteristics of the property and surrounding area such as
steep slopes, waterways, shade, and significant vegetation and landforms.
d) Existing and proposed man-made characteristics of the property and the
surrounding area such as noise, traffic, transit, pedestrian circulation, parking,
and historical resources.
STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE
No exterior changes are proposed.
2. The proposed dimensional requirements permit a scale, massing, and quantity of
open space and site coverage appropriate and favorable to the character of the
proposed PUD and of the surrounding area.
STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE
No exterior changes are proposed.
3. The appropriate number of off-street parking spaces shall be established based on
the following considerations:
a) The probable number of cars used by those using the proposed development
including any non-residential land uses.
b) The varying time periods of use, whenever j oint use of common parking is
proposed.
c) The availability of public transit and other transportation facilities, including
those for pedestrian access and/or the conimitment to utilize automobile
disincentive tecluliques in the proposed development.
d) The proximity of the proposed development to the cominercial core and
general activity centers in the city.
STAFF FINDING: DOES IT COMPLY? YES
ST. REGIs HOTEL STAFF REPORT PAGE 16
Staff finds that the proposed off-street parking is adequate given the number of
spaces provided compared to the number of units and the proximity of the building
to mass transit and the downtown core. In addition, many guests arrive to the hotel,
especially in the winter, without vehicles and use the buses, taxis, or walk to get
around.
4. The maximum allowable density within a PUD may be reduced if there exists
insufficient infrastructure capabilities. Specifically, the maximum density of a
PUD may be reduced if:
a) There is not sufficient water pressure, drainage capabilities, or other utilities to
service the proposed development.
b) There are not adequate roads to ensure fire protection, snow removal, and road
maintenance to the proposed development.
STAFF FINDING: I DOES IT COMPLY? I NOT APPLICABLE
The density, in terms of how the Land Use Code is concerned, is being increased by
one residential unit.
5. The maximum allowable density within a PUD may be reduced if there exists
natural hazards or critical natural site features. Specifically, the maximum density
of a PUD may be reduced if:
a) The land is not suitable for the proposed development because of ground
instability or the possibility of mud flow, rock falls or avalanche dangers.
b) The effects of the proposed development are detrimental to the natural
watershed, due to runoff, drainage, soil erosion, and consequent water
Pollution.
c) The proposed development will have a pernicious effect on air quality in the
surrounding area and the City.
d) The design and location of any proposed structure, road, driveway, or trail in
the proposed development is not compatible with the terrain or causes harmful
disturbance to critical natural features of the site.
STAFF FINDING: I DOES IT COMPLY? I NOT APPLICABLE
The density, in terms of the Land Use Code, is being increased by one residential
unit.
6. The maximum allowable density within a PUD may be increased if there exists a
signi scant community goal to be achieved through such increase and the
development pattern is compatible with its surrounding development patterns and
with the site's physical constraints. Specifically, the maximum density of a PUD
may be increased if:
ST. REGIS HOTEL STAFF REPORT PAGE 17
a) The increase in density serves one or more goals of the community as
expressed in the Aspen Area Conununity Plan (AACP) or a specific area plan
to which the property is subject.
b) The site's physical capabilities can accommodate additional density and there
exists no negative physical characteristics of the site, as 'identified in
subparagraphs 4 and 5, above, those areas can be avoided, or those
characteristics mitigated.
c) The increase in maximum density results in a development pattern compatible
with, and complimentary to, the surrounding existing and expected
development pattern, land uses, and characteristics.
STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE
The density, in terms of how the Land Use Code is concerned, is being increased by
one residential unit, but not beyond the maximum allowable density.
C. Site Design.
The purpose of this standard is to ensure the PUD enhances public spaces, is
complimentary to the site's natural and man-made features and the adjacent public
spaces, and ensures the public's health and safety. The proposed development shall
comply with the following:
1. Existing natural or man-made features of the site which are unique, provide
visual interest or a specific reference to the past, or contribute to the identity of
the town are preserved or enhanced in an appropriate manner.
2. Structures have been clustered to appropriately preserve significant open spaces
and vistas.
3. Structures are appropriately oriented to public streets, contribute to the urban or
rural context where appropriate, and provide visual interest and engagement of
vehicular and pedestrian movement.
4. Buildings and access ways are appropriately arranged to allow emergency and
service vehicle access.
5. Adequate pedestrian and handicapped access is provided.
6. Site drainage is accommodated for the proposed development in a practical and
reasonable manner and shall not negatively impact surrounding properties.
7. For non-residential land uses, spaces between buildings are appropriately designed
to accommodate any programmatic functions associated with the use.
STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE
When the hotel was originally approved as a PUD, it was deemed to comply with all
of the above provisions. Since no exterior changes are proposed, staff finds the
project to still be in compliance with the above provisions.
C. Landscape Plan.
The purpose of this standard is to ensure compatibility of the proposed landscape
with the visual character of the city, with surrounding parcels, and with existing
ST. REGIs HOTEL STAFF REPORT PAGE 18
and proposed features of the subject property. The proposed development shall
comply with the following:
1. The landscape plan exhibits a well designated 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.
2. Significant existing natural and man-made site features, which provide uniqueness
and interest in the landscape, are preserved or enhanced in an appropriate mamier.
3. The proposed method of protecting existing vegetation and other landscape
features is appropriate.
STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE
When the hotel was originally approved as a PUD, it was deemed to comply with all
of the above provisions. Since no exterior changes are proposed, staff finds the
project to still be in compliance with the above provisions.
D. Architectural Character.
It is the purpose of this standard to encourage architectural interest, variety,
character, and visual identity in the proposed development and within the City
while promoting efficient use of resources. Architectural character is based upon
the suitability of a building for its purposes, legibility of the building's use, the
building's proposed massing, proportion, scale, orientation to public spaces and
other buildings, use of materials, and other attributes which may significantly
represent the character of the proposed development. There shall be approved as
part of the final development plan an architectural character plan, which
adequately depicts the character of the proposed development. The proposed
architecture of the development shall:
l . Be compatible with or el-diance the visual character of the city, appropriately relate
to existing and proposed architecture of the property, represent a character suitable
for, and indicative of, the intended use, and respect the scale and massing of
nearby historical and cultural resources.
2. Incorporate, to the extent practical, natural heating and cooling by taking
advantage of the property's solar access, shade, and vegetation and by use of non -
or less -intensive mechanical systems.
3. Accommodate the storage and shedding of snow, ice, and water in a safe and
appropriate manrier that does not require significant maintenance.
STAFF FINDING: I DOES IT COMPLY? I NOT APPLICABLE
When the hotel was originally approved as a PUD, it was deemed to comply with all
of the above provisions. Since no exterior changes are proposed, staff finds the
project to still be in compliance with the above provisions.
E. Lighting.
ST. REGN HOTEL STAFF REPORT PAGE 19
The purpose of this standard to ensure the exterior of the development will be
lighted in an appropriate maiuzer considering both public safety and general
aesthetic concerns. The following standards shall be accomplished:
1. All lighting is proposed so as to prevent direct glare or hazardous interference of
.any kind to adjoining streets or lands. Lighting of site features, structures, and
access ways is proposed in an appropriate manner.
2. All exterior lighting shall in compliance with the Outdoor Lighting Standards
unless otherwise approved and noted in the final PUD documents. Up -lighting of
site features, buildings, landscape elements, and lighting to call inordinate
attention to the property is prohibited for residential development.
STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE
When the hotel was originally approved as a PUD, it was deemed to comply with all
of the above provisions. Since no exterior changes are proposed, staff finds the
project to still be in compliance with the above provisions.
F. Conunon Park, Open Space, or Recreation Area.
If the proposed development includes a common park, open space, or recreation
area for the mutual benefit of all development in the proposed PUD, the\following
criteria shall be met:
- 1. The proposed amount, location, and design of the common park, open space, or
recreation area enhances the character of the proposed development, considering
existing and proposed structures and natural landscape features of the property,
provides visual relief to the property's built form, and is available to the mutual
benefit of the various land uses and property users of the PUD.
2. A proportionate, undivided interest in all common park and recreation areas is
deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner
within the PUD or ownership is proposed in a similar manrier.
3. There is proposed an adequate assurance through a legal instrument for the
permanent care and maintenance of open spaces, recreation areas, and shared
facilities together with a deed restriction against future residential, commercial, or
industrial development.
STAFF FINDING: I DOES IT COMPLY? I NOT APPLICABLE
When the hotel was originally approved as a PUD, it was deemed to comply with all
of the above provisions. , Since no exterior changes are proposed, staff finds the
project to still be in compliance with the above provisions.
G. Utilities and Public facilities.
The purpose of this standard is to ensure the development does not impose an
undue burden on the City's infrastructure capabilities and that the public does not
incur an unjustified financial burden. The proposed utilities and public facilities
associated with the development shall comply with the following:
ST. REGIs HOTEL STAFF REPORT PAGE 20
l . Adequate public infrastructure facilities exist to accommodate the development.
2. Adverse impacts on public infrastructure by the development will be mitigated by
the necessary improvements at the sole cost of the developer.
3. Oversized utilities, public facilities, or site improvements are provided
appropriately and where the developer is reimbursed proportionately for the
additional improvement.
STAFF FINDING: I DOES IT COMPLY? NOT APPLICABLE
When the hotel was originally approved as a PUD, it was deemed to comply with all
of the above provisions. Since no exterior changes are proposed, staff finds the
project to still be in compliance with the above provisions.
H. Access and Circulation.
The purpose of this standard is to ensure the development is easily accessible,
does not unduly burden the surrounding road network, provides adequate
pedestrian and recreational trail facilities and minimizes the use Of security gates.
The proposed access and circulation of the development shall meet the following
criteria:
1. Each lot, structure, or other land use within the PUD has adequate access to a
public street either directly or through an approved private road, a pedestrian way,
or other area dedicated to public or private use.
2. The proposed development, vehicular access points, and parking arrangement do
not create traffic congestion on the roads surrounding the proposed development,
or such surrounding roads are proposed to be improved to accommodate the
development.
STAFF FINDING: DOES IT COMPLI'? NOT APPLICABLE
No changes are proposed to exterior access and circulation of the building. At the
time the hotel was approved, it was deemed to be in compliance with the criteria.
I. Phasing of Development Plan.
The purpose of this criteria is to ensure partially completed projects do not create
an unnecessary burden on the public or surrounding property owners and impacts
of an individual phase are mitigated adequately. If phasing of the development
plan is proposed, each phase shall be defined in the adopted final PUD
development plan. The phasing plan shall comply with the following:
l . All phases, including the initial phase, shall be designed to function as a complete
development and shall not be reliant on subsequent phases.
2. The phasing plan describes physical areas insulating, to the extent practical,
occupants of initial phases from the construction of later phases.
3. The proposed phasing plan ensures the necessary or proportionate improvements
to public facilities, payment of impact fees and fees -in -lieu, construction of any
ST. REGls HOTEL STAFF REPORT PAGE 21
facilities to be used jointly by residents of the PUD, construction of any required
affordable housing, and any mitigation measures are realized concurrent or prior
to the respective impacts associated with the phase.
STAFF FINDING: DOES IT COMPLY? I NOT APPLICABLE
When the hotel was originally approved as a PUD, it was deemed to comply with all
of the above provisions. Since no exterior changes are proposed, staff finds the
project to still be in compliance with the above provisions.
ST. REM HOTEL STAFF REPORT PAGE 22
EXHIBIT B
GROWTH MANAGEMENT QUOTA SYSTEM
Section 26.470.070.A. of the Land Use Code regarding remodeling, restoration or
reconstruction of existing commercial, lodge or multi -family buildings, requires that the
following criteria be met for an exemption:
A. The remodeling, restoration or reconstruction of an existing lodge or multi-fainily
building shall be exempt from the growth management competition and scoring
procedures, provided that it does not create additional dwelling, hotel or lodge units
or involve a change of use.
STAFF FINDING: ( DOES IT COMPLY? I YES
The applicant proposes converting 98 existing hotel rooms into 24 timeshare lodge
units and one residential unit. The conversion to the timeshare lodge units is exempt
from GMQS because it does not create additional units and does not involve a
change of use (both hotel and timeshare are considered to be tourist accommodations
in the Code). The exemption for the one residential unit is addressed below.
Section 26.470.070.A. of the Land Use Code regarding Change in use requires that the
following criteria be met for an exemption:
A. A minimal number of additional employees will be generated by the change in use
and that employee housing will be provided for the additional employees generated;
STAFF FINDING: I DOES IT COMPLY? I YES
A condition of approval has been added requiring an audit of the hotel one year after
a certificate of occupancy for the changes to the hotel. The applicant feels that there
will be a net loss of employees with the proposal. If the audit determines an
increase, then the applicant will be required to provide affordable housing.
B. A minimal amount of additional parking spaces will be demanded by the change in
use and that parking will be provided;
STAFF FINDING: DOES IT COMPLY? TYES
The parking requirement is reduced with the proposed conversion of units and the
addition of the spa.
C. There will be minimal visual impact on the neighborhood from the change in use;
STAFF FINDING: DOES IT COMPLY? TYES
Since there are no plans to alter the exterior of the building, nor expand the footprint,
there will be no additional visual impact from the change in use.
D. Minimal demand will be placed on the City's public facilities from the change in use;
ST. REGIs HOTEL STAFF REPORT PAGE 23
STAFF FINDING: I DOES IT COMPLY? I YES
According to responses from the Development Review Committee review of the
proposal, there will be increased demand from the conversion from hotel units to
timeshare, but no upgrades of public infrastructure are required to accommodate it.
E. No zone change is required;
STAFF FINDING: I DOES IT COMPLY? YES
No zone change is required.
F. No more than one residential unit will be created; and
STAFF FINDING: I DOES IT COMPLY? YES
Only one residential unit will be created.
G. The proposed use is consistent in all respects with the AACP.
STAFF FINDING: I DOES IT COMPLY? I YES
The proposed use is consistent in all respects with the AACP.
Section 26.470.070.A. of the Land Use Code regarding Accessory uses in mixed. use
development. requires that the following criteria be met for an exemption:
A. The proposed development consists of a building or buildings designed as an
integrated whole that contains uses requiring the submission of development
applications for an allotment in more than one of the categories of Section
26.470.040.
STAFF FINDING: DOES IT COMPLY? YES
The project complies with the above criteria.
B. There is one use of the property that is the principal use and any other uses are
accessory to, in support of and necessary for the principal use.
STAFF FINDING: I DOES IT COMPLY? I YES
The principal use is the hotel and the spa, retail, meeting space, offices, etc. are all
accessory uses to the hotel.
C. In conjunction with the application for exemption, an application is submitted
pursuant to Section 26.470.080 that receives a development allotment for the
principal use.
ST. REGIs HOTEL STAFF REPORT PAGE 24
STAFF FINDING: I DOES IT COMPLY? I NOT APPLICABLE
The principal use is already constructed with development allotments received at the
time.
D. The impacts of the accessory use on public facilities and affordable housing are
mitigated by an agreement to provide the necessary public facilities and affordable
housing at a level that would meet the threshold required in Section 26.470.080(C)(5)
for the accessory use.
STAFF FINDING: I DOES IT COMPLY? I YES
A condition of approval has been added requiring an audit of the hotel one year after
a certificate of occupancy for the changes to the hotel. The applicant feels that there
will be a net loss of employees with the proposal. If the audit determines an
increase, then the applicant will be required to provide affordable housing. No
adverse impacts on public facilities are anticipated, so no agreement is necessary.
E. The site design and architecture of the accessory use is evaluated in conjunction with
the review of the development application for the principal use pursuant to Section
26.470.080.
STAFF FINDING: I DOES IT COMPLY? I NOT APPLICABLE
There are no changes proposed to the site design nor the architecture. Also the
principal use is already constructed, so there is no need for development application
for it.
ST. REGIs HOTEL STAFF REPORT PAGE 25
EXHIBIT C
TIMESHARE FINDINGS
A. Mandatory Physical Elements.
1. All timeshare lodge developments shall have a staffed on -site front desk, located
within a lobby that is sized to meet the needs of the project. If the timeshare lodge is
part of a multi -site development, there may be a single front desk for these sites.
The staffed front desk shall be open at least during regular business hours, and shall
be managed to provide full-time registration and reservation services, including
provision for late check -in and for other off -hours guest needs. The front desk shall
acconu-nodate walk-in rentals.
STAFF FINDING: I DOES IT COMPLY? I YES
There will be a common front desk for the timeshare lodge and hotel guests, which
will accommodate walk-in rentals at any time. Additionally, there will be a
concierge staff dedicated to the timeshare units. St. Regis will manage the
reservation system.
2. A timeshare lodge development shall contain a sufficient level of recreational
facilities (such as exercise equipment, a pool or spa, or similar facilities) and other
amenities (such as a lobby, meeting spaces, and similar facilities) to serve the
occupants, including facilities that can be used in the winter and the suimner
seasons. The extent of the facilities provided should be proportional to the size of
the timeshare lodge development. The types of facilities should be consistent with
the plamied method and style of operating the development. _
STAFF FINDING: DOES IT COMPLY? YES
Timeshare owners will have access to the pool, hot tubs, exercise facility, as well as
the proposed expanded spa. In addition; each unit will contain steam showers, hot
tubs and an audio and video system as well as complete furnishings...
3. A timeshare lodge in the Coinmercial Core (CC) zone district shall not have any
lodge rooms located on the ground floor. Instead, a timeshare lodge in the CC zone
district shall contain at least one of the following elements: a bar, restaurant, or retail
facilities. The element(s) provided shall be located along the street front, shall be
accessible from the street, and shall be designed to serve the public, not just the
occupants of the timeshare lodge.
STAFF FINDING: I DOES IT COMPLY? I NOT APPLICABLE
The proposed timeshare project is not located in the CC zone district.
B. Mandatory Operational Practices. The City wants to ensure that the units in a
timeshare lodge development are available for rental to the public when they are not
being occupied by the owner, the owner's guests, or persons occupying the unit
ST. REGis HOTEL STAFF REPORT PAGE 26
-under an exchange program. The City has identified certain operational practices
that will accomplish this intent, which are listed in this section. An applicant who
agrees to include all of the practices listed below in the operation of the timeshare
development shall be deemed to have complied with the requirements of this sub-
section B and need not address any of the optional operational practices of sub-
section C.
The City recognizes, however, that there may be other ways to comply with this
intent, and will consider these and other operational practices. Applicants may
propose to substitute one or more of the optional practices listed in Section C.,
below, for one or more of the mandatory practices listed in this Section B.
Applicants may also propose other operational practices not listed in Section C. as a
means of demonstrating compliance with this standard. Acceptance of the proposed
optional practices as a substitute for one or more of the mandatory practices shall be
at the sole discretion of the City Council.
1. Timeshare estates shall be made available for short -tern 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. Listing of the unit with a
recognized central reservation system in Aspen, or through the central reservation
system of the company that will manage the timeshare development, is preferred.
STAFF FINDING: DOES IT COMPLY? YES
The St. Regis Residence Club will permit owners to rent all or a part of their Club
interest and will slake their central reservation system available to its owners as part
of a rental program. The Developer will also use a variety of marketing programs,
which will result in occupancy of unsold Developer inventory by the public on a
short term basis.
2. 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.
STAFF FINDING: I DOES IT COMPLY? I YES
The covenants of the Condominium Association will permit daily and walk in rental
of the available Club Units.
3. 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.
ST. REGIs HOTEL STAFF REPORT PAGE 27
STAFF FINDING: DOES IT COMPLY? YES
A specific tilneframe was not given by the applicant, but they did state that they will
require owners to secure or confirm a reservation of a Club Unit within certain
established time periods and that the timeshare plan operator may rent out Club units
that are not reserved as required under the Plan.
4. 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.
STAFF FINDING: I DOES IT COMPLY? YES
An owner will not be permitted to occupy the unit for more than 28 consecutive
calendar days.
5. The 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.
STAFF FINDING: I DOES IT COMPLY? I YES
The Developer will also use a variety of marketing programs, which will result in
occupancy of unsold Developer inventory by the public on a short term basis while
the units are being sold.
C. Optional Operational Features.
1. Timeshare lodge developments that subdivide each unit into a larger, number of
estates (more than 10 estates per unit) are preferred to those which subdivide each
unit into a smaller number of estates (less than 10 estates per unit).
STAFF FINDING: I DOES IT COMPLY? I YES
The applicant proposes a minimum of 11 Club interests, or estates
2. Applicants may formulate their timeshare use plan such that the purchaser would
not expect to occupy the same unit each visit; instead the purchaser would purchase
the right to occupy a certain type of unit for a certain period of time. Applicants
may also include provisions in the homeowners association documents prohibiting
owners from personalizing the unit they have purchased.
STAFF FINDING: I DOES IT COMPLY? I YES
Both floating and fixed unit rights will be available. The Condominium Association
will prohibit any owner of a Club Interest from using their unit as a permanent
residence or permanently altering the furnishings or interior of a Club Unit.
3 . Applicants may design their development as a mixed project, which includes not
only timeshare units, but also some units that would continue to be owned and
operated by the applicant and his successors or assigns as traditional lodge units.
ST. REGIs HOTEL STAFF REPORT PAGE 28
Another type of use plan that is encouraged would be for the applicant to agree not
to sell all of the shares in every unit, but to instead keep some time reserved for
rental to the public at market rates during both the high seasons and the off-seasons.
STAFF FINDING: DOES IT COMPLY? FTE
The property will be operated as both the St. Regis Hotel and the St. Regis
Residence Club. Eight weeks within each Club Unit will not be conveyed as part of
a Club Interest and will therefore be available as part of a rental program.
4. Applicants may decide to sell on and off-season estates as a package.
STAFF FINDING: DOES IT COMPLY? YES
Each Club Interest will contain a combination of winter, summer and spring/fall
season use rights.
5. Applicants may include in their use plan provisions that allow for a wide range of
exchange opportunities for owners, which will promote new Aspen trials.
STAFF FINDING: DOES IT COMPLY? YES
It is expected that an internal exchange program operated by Starwood, or its
affiliate, will be created for its St. Regis Residence Club Project, including the
Aspen St. Regis Residence Club.
26.590.070 Review Standards for Timeshare Lodge Development.
An applicant for timeshare lodge development shall demonstrate compliance with each of
the following standards, as applicable to the proposed development. These standards are in
addition to those standards applicable to the review of the PUD and Subdivision
applications.
A. Fiscal In7pact Analysis and Mitigation. Any applicant proposing to convert an
existing lodge to a timeshare lodge development shall be required to demonstrate
that the proposed conversion will not have a negative tax consequence for the
City. In order to demonstrate the tax consequences of the proposed conversion,
the applicant shall prepare a detailed fiscal impact study as part of the final PUD
application. The fiscal impact study shall contain at least the following
comparisons between the existing lodge operation and the proposed timeshare
lodge development:
l . A summary of the sales taxes paid to the City for rental of lodge rooms during the
prior five years of its operation. If the lodge has stopped renting rooms prior to
the time of submission of the application, then the summary shall reflect the final
five years the lodge was in operation. The surnrnary of past taxes paid shall be
compared to a projection of the sales taxes the proposed timeshare lodge
development will pay to the City over the first five years of its operation. As part
ST. REGIs HOTEL STAFF REPORT PAGE 29
of this projection, the applicant shall specify the number of nights the applicant
anticipates each timeshare lodge unit will be available for daily rental to visitors
(that is, the aiulual number of nights when the unit will not be occupied by the
owner or .the owner's guests), the expected visitor occupancy rate for these units,
the expected average daily cost to rent the unit, and the resulting amount of sales
tax that will be paid to the City.
STAFF FINDING: DOES IT COMPLY?
The requested information has been provided by the applicant and the information is
under study by the City of Aspen Finance Department for Council decision.
2. An estimation of the real estate transfer taxes that would be paid to the City if the
existing lodge were to be sold. If an actual sale of the property has occurred within
the last 12 months, then the real estate taxes paid for that sale shall be used. This
estimation shall be compared to a projection of the real estate transfer taxes the
proposed timeshare lodge development will pay to the City over the first five years
of its operation. This projection shall include a statement of the expected sales
prices for the timeshare estates, and the applicable tax rate that will be applied to
each sale.
STAFF FINDING: DOES IT COMPLY? I YES
The requested information has been provided by the applicant and the information is
under study by the City of Aspen Finance Department.
3. A summary of the City -portion of the property taxes paid for the lodge for the
prior five years of its operation, and a projection of the property taxes the
proposed timeshare lodge development will pay to the City over the first five
years of its operation. This projection shall include a statement of the expected
value that will be assigned to the property by the Tax Assessor, and the applicable
tax rate.
The fiscal impact study may also contain such other information that the applicant
believes is relevant to understanding the tax consequences of the proposed
development. For example, the applicant may provide information demonstrating
there will be "secondary", or "indirect" tax benefits to the City from the
occupancy of the timeshare units, in terms of increased retail sales and other
economic activity in the community as compared to the existing lodge
development. The applicant shall be expected to prove definitively why the
timeshare units would cause such economic advantages that would not be
achieved by a traditional lodge development. Any such additional information
provided shall compare the taxes paid during the prior five years of the lodge's
operation to the first five years of the proposed timeshare lodge's operation.
If the fiscal impact study demonstrates there will be an annual tax loss to the City
from the conversion of an existing lodge to a timeshare lodge, then the applicant
ST. REM HOTEL STAFF REPORT PAGE 30
shall be required to propose a mitigation program that resolves the problem, to the
satisfaction of the Aspen City Council. The accepted mitigation program shall be
documented in the PUD Agreement for the project that is entered into between the
applicant and the Aspen City Council.
STAFF FINDING: DOES IT COMPLY?
The requested information has been provided by the applicant and the information is
still under study by the City of Aspen Finance Department. Final determination of
whether mitigation is necessary will be made prior to City Council review.
B. Upgrading of Existing Projects. Any existing project that is proposed to be
converted to a timeshare lodge development shall be physically upgraded and
modernized. The extent of the upgrading that is to be accomplished shall be
detelinined as part of the PUD review, considering the condition of the existing
facilities, with the intent being to make the development compatible in character
with surrounding properties and to extend the useful life of the building.
1. To the extent that it would be practical and reasonable, existing structures shall be
brought into compliance with the City's adopted fire, health, and building codes.
STAFF FINDING: DOES IT COMPLY? YES
The applicant is unaware of any existing deficiencies, however, if any are brought to
light, the applicant states that they will be brought into compliance.
2. No sale of any interest in a timeshare lodge development shall be closed -until a
certificate of occupancy has been issued for the upgrading.
STAFF FINDING: DOES IT COMPLY? YES
The applicant acknowledges that no sale of any interest will be closed until a
certificate of occupancy has been issued for the upgrading.
C. Preservation of Existing Lodging Inventory. Ali express 'purpose of these
regulations is to preserve and enhance Aspen's existing lodging inventory.
Therefore, any proposal to convert an existing lodge or other property that provides
short term accommodations to a timeshare lodge should, at a minimum, replace the
existing number of units on the property in the plain -led timeshare lodge. If the
applicant is unable to replace the existing number of units, then the timeshare lodge
development shall replace the existing number of bedrooms on the property, or the
applicant shall demonstrate how the proposal complies with the purposes of these
regulations, even though the planned timeshare lodge will not replace either the
existing number of units or bedrooms.
ST. REGIs HOTEL STAFF REPORT PAGE 31
STAFF FINDING: I DOES IT COMPLY? I YES
The proposed conversion will result in a reduction of the number of -units in the St.
Regis Hotel, from 257 hotel units to 192 hotel, timeshare, and residential units. In
addition, the conversion will reduce the number of bedrooms, from 257 to 248. The
applicant contends, however, that the number of "sleeping facilities", which includes
bedrooms and sleeper sofas, will be increased with the conversion. The increase in
sleeping facilities will be from the existing, 257, to 266 after the conversion. Staff
finds that because the drop in number of actual bedrooms is relatively slight, that the
applicants proposal to include the sleeper sofas in the overall equation is sufficient to
comply with this provision.
D. Affordable Housing Requirements.
1. Whenever a timeshare lodge development is required to provide affordable housing,
mitigation for the development shall be calculated by applying the standards of the
City's housing designee for lodge uses. The affordable housing requirement shall be
calculated based on the maximum number of proposed lock out rooms in the
development, and shall also take into account any retail, restaurant, conference, or
other functions proposed in the lodge.
STAFF FINDING: I DOES IT COMPLY? I YES
With the overall reduction in the number of lodging units from the existing 257
down to the proposed 187, the applicant contends that there will be a reduction in the
number of employees generated. A condition of approval has been added, however,
requiring an audit of the hotel one year after a certificate of occupancy for the
changes to the hotel. If the audit determines an increase in employees over what
they currently mitigate, then the applicant will be required to provide affordable
housing. There is no change proposed to the existing retail and restaurant and bar
space, so there is no increase in their affordable housing requirement.
2. The conversion Of any multi -family dwelling unit that meets the definition of
residential multi -family housing to timesharing shall comply with the provisions of
Chapter 26.530, Resident Multi -Family Replacement Program, even when there is
no demolition of the existing multi -family dwelling unit.
STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE
There are no multi -family dwelling units in the hotel, so this provision is not
applicable.
E. Parking Requirements.
1. The parking requirement for timeshare lodge development shall be calculated by
applying the parking standard for the underlying zone district for lodge uses. The
parking requirement shall be calculated based on the maximum number of proposed
lock out rooms in the development.
ST. REGIs HOTEL STAFF REPORT PAGE 32
STAFF FINDING: DOES IT COMPLY? YES
The existing amount of parking provided is adequate to meet the demand, which is
actually reduced with the proposal due to the reduction in the number of overall
units.
2. The timeshare lodge development shall also provide an appropriate level of guest
transportation services, such as vans or other shuttle vehicles, to offer an alternative
to having owners and guests using their own vehicles in Aspen.
STAFF FINDING: I DOES IT COMPLY? T7YES
The hotel provides vans and shuttle vehicles as an transportation alternative for their
guests.
3. The owner of a timeshare estate shall be prohibited from storing a vehicle in a
parking space on -site when the owner is not using that estate.
STAFF FINDING: I DOES IT COMPLY? I YES
The applicant did not address this provision in the application. A condition of
approval will be added prohibiting an owner from storing a vehicle in a parking
space when not using the estate.
F. Appropriateness of Marketing and Sales Practices. The marketing and sale of
timeshare estates shall be governed by the real estate laws set forth in Title 12,
Article 61, C.R.S., as may be amended from time to time. The applicant and
licensed marketing entity shall present to the City a plan for marketing the timeshare
development.
1. The following marketing and sales practices for a timeshare development shall not
be permitted:
a. The solicitation of prospective purchasers of timeshare units on any street, mall,
or other public property or facility; and
b. Any unethical sales and marketing practices which would tend to mislead
potential purchasers.
2. Giving of gifts to encourage potential purchasers to attend a sales presentation or to
visit a timeshare development is permitted, provided the gift reflects the local Aspen
economy. For example, gifts for travel to or accommodations in Aspen, restaurants
in Aspen, and local attractions (ski passes, concert tickets, rafting trips, etc.) are
permitted. Gifts that have no relationship to the local Aspen economy are not
permitted. The following gifts are also not permitted:
a. Any gift for which an accurate description is not given;
ST. REGIs HOTEL STAFF REPORT PAGE 33
b. Any gift package for which notice is not given to the prospective purchaser that
the purchaser will be required to attend a sales presentation as a condition of
receiving the gifts; and
c. Any gift package for which the printed alulouncement of the requirement to
attend a sales presentation is in smaller type face than the information on the gift
being offered.
STAFF FINDING: DOES IT COMPLY? YES
The applicant has committed to not engage in any of the above, prohibited marketing
practices.
G. Adequacy of Maintenance and Management Plan. The applicant shall provide
documentation and guarantees that the timeshare lodge development will be
appropriately managed and maintained in an manner that will be both stable and
continuous. This shall include an identification of when and how maintenance will
be provided, and shall also address the following requirements:
1. A fair procedure shall be established for the estate owners to review and approve
any fee increases which may be made throughout the life of the timeshare
development, to provide assurance and protection to timeshare owners that
management/assessment fees will be applied and used appropriately.
2. The applicant shall also demonstrate that there will be a reserve fund to ensure that
the proposed timeshare development will be properly maintained throughout its
lifetime.
STAFF FINDING: I DOES IT COMPLY? I YES
The management contract between the Association and the Manager will require that
the project be maintained at a level sufficient to ensure compliance with St. Regis
brand standards. The documents creating the Association will require preparation Of
an anrival budget and will require the establishinent of a reserve fund. The
Association will be required to comply with the amival budget notice requirement of
the Colorado Real Estate Commission and the Colorado statutes.
H. Compliance witli State Statutes. The applicant shall demonstrate that the proposed
timeshare lodge development will comply with all applicable requirements of Title
12, Article 61, C.R.S.; Title 38, Article 33, C.R.S.; and Title 38, Article 33.3,
C.R.S.; including the requirements concerning the five (5) day period for rescission
of a sales contract, and the procedures for holding deposits or down payments in
escrow.
ST. REGIs HOTEL STAFF REPORT PAGE 34
STAFF FINDING: DOES IT COMPLY? YES
The applicant shall comply with all applicable requirements of Title 12, Article 61,
C.R.S.; Title 38, Article 33, C.R.S.; and Title 38, Article 33.3, C.R.S.;
L Approval By Condominium Owners. If the development that is proposed to be
timeshared is a condominium, the applicant shall submit written proof that the
condominium declaration allows timesharing, that one hundred (100) percent of the
owners of the condominium units have approved the timeshare development,
including any improvements to the common elements that the applicant may
propose, that all mortgagees of the condominimn have approved the proposed
timeshare development, and that all condominium units in the timeshare
development will be included in the same sales and marketing program.
STAFF FINDING: I DOES IT COMPLY? NOT APPLICABLE
The existing project is not currently a condominium.
J. Prohibited Practices and Uses. Without in any way limiting any requirement
contained in this Chapter, it is unlawful for any person to knowingly engage in any
of the following practices:
1. The creation, operation or sale of a right -to -use interest or any other timeshare
concept which is not specifically allowed and approved pursuant to the requirements
of this section. Right -to -use timeshare concepts (e.g. lease -holds and vacation
clubs) are considered inappropriate in Aspen and are not permitted.
2. Misrepresentation of the facts contained in any application for timeshare approval,
timeshare development instruments, or disclosure statement.
3. Failure to comply with any representations contained in any application for
timesharing or misrepresenting the substance of any such application to another who
may be a prospective purchaser of a timeshare interest.
4. Manage, operate, use, offer for sale or sell a timeshare estate or interest therein in
violation of any requirement of this Chapter or any approval granted pursuant
hereto, or cause or aid and abet another to violate any requirement of this Chapter,
or an approval granted pursuant to this Chapter.
STAFF FINDING: DOES IT COMPLY? T YES
The applicant commits to not engaging in any marketing practice which are
prohibited above, or by local or State regulations.
26.590.080 Business License and Sales Tax Payments.
ST. REGIS HOTEL STAFF REPORT PAGE 35
A. Business License. It shall be unlawful for any timeshare development to operate in
the City of Aspen without first obtaining a business license in accordance with the
standard procedures of the City of Aspen.
STAFF FINDING: I DOES IT COMPLY? I YES
The applicant presently has a current business license.
B. Sales Tax Payments. Occupancy of any timeshare unit by anyone who pays a rental
fee for the use of the unit (other than the owner thereof) shall be subject to the City's
sales tax the same as if such occupancy were of a hotel or lodge unit. Any timeshare
development, as a condition of its approval, shall be required to obtain an Aspen
Sales Tax/Lodging Tax License, which shall establish how this tax shall be
collected and paid to the City. The manager of the association shall be responsible
for the timely collection of the City sales tax for the City of Aspen for rentals made
through the association or a reservation system. The manager shall notify individual
estate owners that they are responsible for the payment of sales tax to the City for
units rented on a private basis.
.STAFF FINDING: I DOES IT COMPLY? I YES
The applicant commits to complying with the above procedures.
ST. REGIs HOTEL STAFF REPORT PAGE 36
EXHIBIT D
SUBDIVISION — STAFF FINDINGS
The Definitions section (26.104.100) of the Land Use Code explains that subdivision
approval is required whenever leasehold interests will be transferred. Section 26.480.050
states that a development application for subdivision review shall comply with the
following standards and requirements:
A. General Requirements.
a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive
Plan (AACP).
STAFF FINDING: I DOES IT COMPLY? I YES
The proposal complies with the applicable aspects of the AACP, specifically with
regard to creating a sustainable economy. The conversion of a portion of the St.
Regis hotel units into timeshare units, the expansion of the spa, and the construction
of the additional hotel units that were originally approved will making the project
more attractive to visitors and therefore contribute to sustaining and increasing the
local economy.
b. The proposed subdivision shall be consistent with the character of existing land
uses in the area.
STAFF FINDING: I DOES IT COMPLY? I YES
The primary uses of the property — hotel units and timeshare lodge units are all
consistent with the same uses that are currently found in surrounding area, or will be
uses that will be part of soon to be constructed projects in the neighborhood (Aspen
Grand Hotel).
c. The proposed subdivision shall not adversely affect the future development of
surrounding areas.
STAFF FINDING: I DOES IT COMPLY? I YES
The proposed subdivision will not adversely affect the future development of
surrounding areas, as this subdivision only involves interior remodel.
d. The proposed subdivision shall be in compliance with all applicable requirements
of this Title.
STAFF FINDING: I DOES IT COMPLY? TYES
All applicable requirements, including with the zoning requirements of the L/TR
zone district, are being met.
B. Suitability of Land for Subdivision.
ST. REGIs HOTEL STAFF REPORT PAGE 37
a. Land Suitability. The proposed subdivision shall not be located on land
unsuitable for development because of flooding, drainage, rock or soil creep,
mudflow, rockslide, avalanche or snowslide, steep topography or any other natural
hazard or other condition that will be harmful to the health, safety, or welfare of
the residents in the proposed subdivision.
STAFF FINDING: I DOES IT COMPLY? NOT APPLICABLE
No exterior changes are proposed with the remodel and there will be no increase to
the existing building footprint.
b. Spatial Pattern Efficient. The proposed subdivision shall not be designed to create
spatial patterns that cause inefficiencies, duplication or premature extension of
public facilities and unnecessary public costs.
STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE
No exterior changes are proposed with the remodel and there will be no increase to
the existing building footprint.
C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for
the proposed subdivision. These standards may be varied by special review (See,
Chapter 26.430) if the following conditions have been met:
1. A unique situation exists for the development where strict adherence to the
subdivision design standards would result in incompatibility with the Aspen Area
Comprehensive Plan, the existing, neighboring development areas, and/or the
goals of the community.
STAFF FINDING: DOES IT COMPLI'? NOT APPLICABLE
No variations are proposed to the standards.
2. The applicant shall specify each design standard variation requested and provide
justification for each variation request, providing design recommendations by
professional engineers as necessary.
STAFF FINDING: I DOES IT COMPLY? NOT APPLICABLE
No variations are proposed to the standards.
D. Affordable Housing. A subdivision which is comprised of replacement dwelling units
shall be required to provide affordable housing in compliance with the requirements
of Chapter 26.520, Replacement Housing Program. A subdivision which is
comprised Of new dwelling units shall be required to provide affordable housing in
compliance with the requirements of Chapter 26.470, Growth Management Quota
System.
ST. REGIs HOTEL STAFF REPORT PAGE 3 8
STAFF FINDING: I DOES IT COMPLY? I NOT APPLICABLE /YES
The standards of Chapter 26.520, Replacement Housing Program, are not applicable
because there is no replacement housing involved. With the conversion of a portion
of the hotel rooms to timeshare and the expansion of the spa, the project is reducing
their einployee generation, so no additional affordable housing mitigation is
necess
E. School Land Dedication. Compliance with the School Land Dedication Standards set
forth at Chapter 26.630.
Applicability. School land dedication standards shall be assessed upon all new
subdivisions within the City of Aspen which contain residential units.
An applicant may make a cash payment in -lieu of dedicating land to the City, or
may make a cash payment in combination with a land dedication, to comply with
the standards of this Section. This section of the subdivision regulations requires
the dedication of land or the payment of an in -lieu fee for each new residential
unit in a subdivision.
STAFF FINDING: I DOES IT COMPLY? I YES
Compliance with the School Land Dedication Standards will be required for the one
residential dwelling unit proposed. The applicant will pay cash in lieu of a land
dedication and will be required to make the payment at time of building permit.
ST. REGis HOTEL STAFF REPORT PAGE 39
EXHIBIT E
HOUSING AUTHORITY MEMORANDUM
MEMORANI.fw,.,
TO: Scott Woodford, Community Development Department
FROM: Aspen/Pitkin County Housing Authority
DATE: 6 March 2003
RE: St. Regis Hotel, Aspen Mountain Subdivision PUD
Redevelopment/Amendment
. ISSUES:
The applicant is proposing to convert lodge units into fractional timeshare units;
remove existing meeting rooms and relocate existing office space thereby
allowing for a new full -service spa facility in their place; construct 20 new hotel
rooms in a currently unoccupied building; and build a new residential unit within
the main building.
The proposal calls for converting 98 existing lodge units into 25 residential
timeshare units. The applicant is also proposing to install a new spa facility of
15,300 square feet consisting of 3 fitness centers; 8 treatment rooms; 8
spa/facial/therapy rooms; 4 waiting lounges; a salon; a boutique; a reception
area; separate men's and women's changing areas both with a private steam,
sauna, cold plunge and Jacuzzi; and several staff/attendant/reservation stations
located on -site.
The project consists of the six -story St. Regis Hotel with a total floor affected
area of 97,310 square feet. The applicant states that no expansion of the
property is proposed, and that all proposed remodels are limited to the area
contained within the existing hotel structure. The proposal calls for 5,165 square
feet of office space to be relocated to the existing 4,800 square foot spa facility
on the -second level of Building B. The new spa facility will be located in the
vacated office and meeting room space. The timeshare lodges and residence
will be situated among the 2"d through the 6th floors in place of existing lodge
units. The new lodge units will be placed in the Blue Spruce Building that is
currently unoccupied.
The site is located at the base of Aspen Mountain. Starwood Hotels and Resorts
is the owner of the Hotel property. The original owner, John H. Roberts Jr.
submitted the Aspen Mountain PUD and Subdivision in 1983. The City Council
granted final approval of the PUD in 1985. In 1987, Savanah Limited
Partnerships purchased Lots 1 through 5 comprising the Aspen Mountain PUD
and submitted an Amended PUD/Subdivision. The City Council approved the
First Amended and Restated Planned Unit Development/Subdivision Agreement
in 1988.
Later amendments followed in 1990 such that the development approvals of
1985 differ from subsequent amendments and the actual construction
configuration of the hotel first named the Ritz -Carlton. The City of Aspen
approved a total of 329 lodge units for the Hotel. Hotel construction came to
completion at the close of 1992. Twenty of twenty-two lodge units that were
approved for the Blue Spruce Building, but never constructed, are proposed to be
completed as a part of this proposal.
The original PUD Agreement was credited with 182 employees housed in the
Alpina Haus, the Copper Horse Lodge, Ute City, and Hunter Longhouse. This
agreement was required to house 60% of the net new employees. Additionally,
because of the demolition of existing residential structures on the site, a housing
replacement of 30 employees was required. These requirements resulted in
161.5 employees that are to be provided with affordable housing and 29
employees that are to be housed from the demolition of the existing residential
units, as proposed the PUD. According to the applicant, the then owner,
Savanah Limited Partnership, agreed to provide housing for 198.5 employees in
exchange for a City Council approval of a revised development proposal.
Proposal: The remodel will consist of 7 three -bedroom timeshare units, and 6
two -bedroom timeshare units on the 3rd through 6th floors of the hotel with a total
of 24 lockout keys and one residential unit. Additionally the remodel will include
16 new lodge units and 4 one -bedroom lodge suites in Building C. The hotel
lodge units will be reduced from 257 to 179, with the addition of 24 timeshare
units and one residential unit according to the applicant.
DISCUSSION: Affordable Housing Units:
Section 1, Priorities for Affordable Housing Units, of the Aspen/Pitkin County
Affordable Housing Guidelines establishes the following equal priority unit types
based on current needs:
• For -sale type units whereby the average sales price is no higher than Category 3
and the units consist of one -bedroom and two -bedroom units, with associated
RO units.
• Family oriented sales units (Category 3 and 4).
The applicant is not proposing any units. This form of mitigation does not meet
the full intent of Section 1.
The APCHA Affordable Housing Guidelines establishes the preferred option to
obtain credit for providing deed -restricted affordable housing units under the
City's Growth Management Quota System as follows:
2
• On -Site Housing - affordable housing units located either on the same site as, or
attached to, the proposed development.
• Off -Site Housing — affordable housing units located within the Aspen Metro Area
and approved by the Aspen/Pitkin County Housing Authority.
• Cash -in -Lieu or Land -in -Lieu — payment of an affordable housing dedication fee
or a donation of land. The preference of cash or land shall be determined on a
case -by -case basis.
The applicant is not proposing any housing, which does not meet the intent of
this Section.
Section 2 of the Aspen/Pitkin County Affordable Housing Guidelines requires that
all affordable housing units meet the size, type, income, and occupancy
requirements contained in the Guidelines. Section 2, Affordable Housing Units
Required for Mitigation, of the Aspen/Pitkin County Affordable Housing
Guidelines establishes the following provisions for an applicant to select from for
all affordable housing units. required as mitigation for residential or commercial
development in order to obtain credit under the Growth Management Quota
System:
• Production of new dwelling units deed restricted in perpetuity to rental and sale
price terms as defined in the Guidelines.
• Conversion of existing dwelling units to deed restricted units.
• Payment of Land -in -lieu
The applicant is not proposing any new housing units. This provision does not
meet the intent of Section 2 of the Guidelines.
REQUIREMENT:
There are two types of mitigatory requirements for affordable housing which this
proposed application is subject to, including the timeshare lodge and the
commercial space. In accordance with Section 26.470.100.13 and C.3.b, Growth
Management Scoring Criteria — Commercial and Office Development, of the City
of Aspen Land Use Regulations, an applicant is required to provide affordable
deed -restricted housing for a minimum of sixty -percent of the employees
generated by the proposed development.
History: An audit conducted by the Ritz Carlton (now the St. Regis) was
assessed in 1998, which concluded that the amount of employees mitigated was
reasonable in accordance with thel993-1994 payroll records. The audit found
that the Ritz Carlton is required to provide housing for 198.5 employees (60% of
330.8 FTE).
Additionally, the applicant is required to count the maximum number of proposed
lockout units in the development application when calculating the need for
affordable employee housing. The applicant estimates that the proposed
timeshare lodges will not generate any additional need for employees based
upon a comparison with current operations at the St. Regis. The applicant claims
that there will not be an increase in the number of hotel employees over the
amount currently employed despite the changes in use. The applicant believes
that there will be an actual reduction of 3.59 employees generated by the
remodel. The Housing Staff would concur with the applicant that there would
appear to be no net increase in employees associated with the conversion of
lodge units to timeshare units and a single residence and the construction of the
previously approved lodge units and suites.
The Housing Staff used the figure of 15,000 square feet listed in the application
to calculate the proposed commercial and retail space's employee generation.
Using the applicant's figures of 12.8 employees per 1,000 square feet, this
translates to 192 employees generated by the remodeled new spa facilities. The
applicant's position is that there is no change in the square footage of food,
beverage, and retail space from what exists today. The applicant shows a total
of 168.7 employees generated by the commercial and retail space. This is a
difference of 23.3 new employees. It is the position of the Housing Staff that the
applicant is required to mitigate at 60% of the new employees for a total of 13.98
employees.
RECOMMENDATION:
The Housing Authority Board conditionally approved the application in
accordance with the following conditions:
1. The applicant shall conduct an audit immediately after one full fiscal year
following the issuance of a certificate of occupancy for the proposed new
spa facility, hotel rooms, timeshare units, and residence under the
following terms:
a. The applicant shall retain an auditor and shall gain prior approval from
the Housing Office Operations Manager for the selection of the auditor.
b. The applicant shall be fully responsible for all fees associated with
retaining an auditor.
2. Should the audit show an increase in the number of employees, the
applicant shall return to the Housing Authority under the following terms:
a. The applicant shall provide deed restricted, affordable housing for any
additional employees of the new facilities.
4
b. The applicant shall abide by the Aspen/Pitkin County Affordable
Housing Guidelines in effect at the time of the audit.
EXHIBIT F
LETTER FROM JOSEPH WELLS
Toseph l'Vells Land Planndng
60-7 Nfidtand Park Place
,Aspen' Colorado 81611
Plane: 970.9: 5-8080
Facsimile: 970.920.4375
e-mail: ellsAspen@aol.com
NUrch 12, 2003
W. Scott Woodford
City of ;aspen Community Development Department
530 East .Main Street
Aspen, Colorado 81611
Delivered by. e-mail to scottw4d.aspen.co.us
As we have discussed, I wanted to provide you with follow-up information on
the owner's employee projections related to the proposed remodel of the St.
Regis, even though the applicant has already agreed to repeat the audit
procedure one calendar year after completion of the remodel, based on the
methodology and procedures described in the First Amended and Restated PDD
Agreement (the "PLTD Agreement").
The developer originally agreed to an audit of the actual employment in Hotel
Phase I after the second full year of operation to (i) confirm that the previous
estimates of the employee generation of the hotel were accurate and (ii) to
require that additional housing be provided in the event that 60 percent of the
number of actual .full-time equivalent employees working in Hotel Phase I
exceeded the figure of 198.5 employees that the developer agreed to provide
housing for under the PUD Agreement
The language of Section B 4 (g) of the PLED Agreement (the audit language),
restated below, required that if, as a result of the audit, it was determined that
the number of full-time equivalent employees in the hotel exceeded 330.83, the
owner would be obligated to provide additional affordable housing for 60
percent of the additional FI"EE &
"(g) Audit:
Ch,v-ner and City agree that there shah be an audit performed of the hotel
after its second full year of operation to determine the actual number of
FIEFs working in Hotel Phase I. In the event the :audit determines that Hotel
Phase I has a higher FTEE count than 269, the Omer 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 ....... For the purposes of this
requirement, the audit shall be performed and,FTEE's 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."
h 1 ; 2003
I fr. 'Scott Woodford
Page two of two
Since the audit was performed in 1996, there has been a change in ownersfdp of
the hotel and both occupancies and employment are down. l idu-wd McLennan,
the General. Manager of the St_ Regis has now completed a calculation of the full-
time equivalent employment for the hotel utilizing the audit standards for 2000
through. 2002. The St. Regis' actual employment for the hotel last year was down
to 243.18 from the peak levels of 2000 of 301.5 employees and those for 2001 of
265.30 employees. All three years are considerably below the threshold number
of 330.&1 employees that would have triggered a requirement for additional
affordable housing under the audit language of the FLU Agreement and are also
less than the figure of 314.5 employees that was apparently determined to be
employed in the hotel in 1995, When the original audit was performed. (The
Housi Office referred to a number of 314.5 F=s-from a confidential memo
about the audit that they have in their files.)
-Nfr. McLerman has also projected the full-time equivalent employment for the
hovel by position for 2005, once the hotel is in operation after completion of the
proposed remodel. The full-time equivalent employment for the hotel in 2005 is
projected to be 261.46, over 69 employees less than the total of 330.83 employees
that would have triggered a requirement for additional affordable housing -
under the PUD Agreement, beyond the 198.5 that have already been housed.
EXHIBIT G
DRC MINUTES
1. BuildinQ Department
• Code Review: It is probable that in June 2003 the Building Department will adopt
the International Building Codes (IBC) and the International Residential Codes
IRC). The architect will also need to reference the 1998 ANSI Standards.
• Change in Use: The Applicant will need to consult Colorado Revised Statutes
(CRS) to determine the required number of type A and type B units.
• ADA Accessibility: Not only individual timeshare units but also the juice bar and
spa.
• Temporary Certificate of Occupancy (TCO): Temporary COs can be issued if
safety and Fire Department concerns are addressed.
• Enemy Code: New energy code will apply to portions of building never
completed.
2. Parks Department
• Parks Dept. notes that several of the tree grates are broken or too small for the
growing trees. Parks Dept. asks that St. Regis address this problem.
3. Fire Department
• International Fire Code: Soon to be adopted by the Fire Department. The Fire
Chief is unaware of the impact the new code will have on the St. Regis.
• Sprinkler and Alarm Plans: The Fire Department would like to see a complete
set of sprinkler and alarm plans as soon as possible. These plans are also needed
by the Water Department and Sanitation District.
• Sprinkler. Heads: New regulations require sprinkler heads that provide a larger
flow. The large flow requirements may impact plumbing design, the size of the
water tap, and the water service fees.
• Diesel Back-up: The Fire Department wants to lalow that the diesel generator is
in rulming order and if a larger generator is needed due to the changes.
4. Water Department
• Tap Fees: Based on the sprinkler requirements of the Fire Department, a new
and larger water tap may be needed. An additional tap fee may be accessed
due to the change in use.
• Utility Plans: The Water Department needs to see existing (as -built) and
proposed utility plans.
ST. REGIs HOTEL STAFF REPORT PAGE 40
5. Sanitation District
• Sanitation District Fees: The conversion from lodge units may result in
additional tap fees due to the additional kitchens and other sources of
wastewater. (Fee are based not only on quantity but also on organic loading.)
• Special Concerns: The sanitation district will determine if oil and grease
separators exist where needed and that requirements for laundry and dry
cleaners are met.
• Utility Plans: The Sanitation District needs to see existing (as -built) and
proposed utility plans.
6. Environmental Health
• Water Leak in Kitchen: Envirolunental Health would like to learn if the
leak in the kitchen (from roof or sprinklers) has been corrected>
• Juice Bar: At the time of building permit, Environmental Health will
review the plans for the juice bar.
• Trip Mitigation: With the exception of the hair salon, the services in the
building are not available to the general public. No Additional trip
mitigation measures appear to be necessary. However, Enviroiu-nental
Health would like the Owners to confirm that the mitigation measures,
required as part of the PUD, have been implemented. ((This is a `TO
ITEM' for the Applicant but it will not be included in any resolution or
ordinance.))
ST. REGIs HOTEL STAFF REPORT PAGE 41
Joseph ' e ls Land Planning
602 ukfidland Farm Place
Aspen, Colorado 81611
'hone: 97FM9258w
i~acsin e: 97.92-0.43?8
e-mail: 'Fell&AspenCaol.com
• arch 13,2003
Min Ott Woodford
City of aspen Community Development Department
asf NIain Street
Aspen,, Colorado 81611
'Delivered by e-mail to scottw-@daspenco.us
My Ietter is to respond to your request for some information in writing about
the current parking demand at the St, Regis. Unfortunately, Richard NIcLenrnan,
the Generaf kfanager of the St~ Regis is out of town for a couple of days, so f am
unable to provide the .letter that you requested from him.. However, f did
discuss the issue of the parking demand with him some time ago, and he
informed me that typically, parking demand is so low that, whten necessary, he
cant afl.o-wr employees to park in the parking structure.
I . INIcLennan also explained that here are only tree or four special events held
in the eventing over the course of the year when demand for pariding .from hotel
#ues and from attendees at those events results in full ut lizafion of the parking
struclur~e.
'When Richard gets back, l will see if he has anything to add on the subject and,
of course,1 will' continue my, efforts to obtain a copy,- of the parking study from
the consultants who prepared it.