HomeMy WebLinkAboutminutes.apz.20030415ASPEN PLANNING & ZONING coMMIssION -Minu~tes- APRIL 15, 2003
COMMISSIONER, STAFF and PUBLIC COMMENTS ........................................ 2
DECLARATIONS OF CONFLICTS OF INTEREST ............................................. 2
DANCING BEAR LODGE MINOR PUD, REzONING, MOUNTAIN VIEW
PLANE, TIMESHARE} SUBDIVISION; GMQS E~MP~]iONS F0R LODGE
PRE S ERVATION and ~FFO~AB LE HOUS INGle. ~...."" i... i ................................ 2
ST. REGIS PUD AMENDMENT, TIMESHARE ..................................................... 5
CENTENNIAL PUD AMENDMENT .................................................................... 12
ASPEN PLANNING & ZONING COMMISSION -Minutes- APRIL 15, 2003
Jasmine Tygre opened the regular meeting of the Aspen Planning & Zoning
Commission at 4:30 pm in the Sister Cities meeting room. Ruth Kruger, Jack
Johnson, Roger Haneman, Dylan Johns, Eric Cohen and Jasmine Tygre were
present. Also present were City of Aspen staff: David Hoefer, Assistant City
Attorney; Joyce Allgaier, James Lindt, Scott Woodford, Community Development;
Jackie Lothian, Deputy City Clerk.
COMMISSIONER~ STAFF and PUBLIC COMMENTS
Roger Haneman inquired about the flood plane. James Lindt replied that P&Z
reviewed the Stream Margin in 2001 with an incorrect address; he provided a site
plan showing the top of slope for the 100-year flood plane, which was the same
location. Haneman stated that there were enough lights at 1440 Red Butte to make
a landing strip; he asked if the lights were a violation of the lighting code.
Jasmine Tygre mentioned (again) concern about the former Quadrant Book site
because of representations made to P&Z; she asked if staff checked on it. Tygre
said that part of the representations were that they applied only for a change in use
and then demolished almost the entire structure. Joyce Allgaier explained that this
was discussed with staff and John Worcester; the person has the right to take down
the structure. Lindt stated that the original structure did not meet the setback
requirements for the zone district, however they went into full demolition and the
new plan has to be in compliance with dimensional and setback requirements and
GMQS housing mitigation. Tygre noted that there was nothing in the code that
addressed this but the commission wanted to know what happened on the site.
Joyce stated that staff would do a memo regarding the process and interpretation of
the code with the non-action; staff was prepared to take it on as a code violation
when it was a demolition.
DECLARATIONS OF CONFLICTS OF INTEREST
Eric Cohen stated that he had a conflict on Centennial PUD Amendment.
CONTINUED PUBLIC HEARING:
DANCING BEAR LODGE MINOR PUD~ REZONING~ MOUNTAIN VIEW
PLANE, TIMESHARE~ SUBDIVISION, GMQS EXEMPTIONS FOR
LODGE PRESERVATION and AFFORDABLE HOUSING
Jasmine Tygre opened the continued public hearing for the Dancing Bear Lodge
Minor PUD, Rezoning, Mountain View Plane, Timeshare, Subdivision, and
GMQS Exemptions for Lodge Preservation and Affordable Housing. James Lindt
distributed the revised Resolution #6 with the specific changes from the last
hearing on April 8th. Two bedrooms were removed due to the recessed 4th floor.
The revised resolution also included the employee-housing re-configuration to 2
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ASPEN PLANNING & ZONING COMMISSION -MinUtes..- APRIL 15, 2003
two-bedroom units and condition #39 was add6d regarding the leasing of on-street
parking spaces on Monarch for a loading zone. David Hoefi:r requested the
language for condition #39 read "shall if possible". Jasmine Tygre asked for the
original allowable square footage and the revised square footage.
David Brown explained that the employee housing units were about 800 square
feet each, which was smaller than the housing guideline requirements but they
work. Brown distributed Color graphics depicting the Wedding caked 4th floor
perspectives; the suites were smaller on the 4th floor. Tygre asked how the square
footage was reduced but the FAR remained the same. Brov~a replied that the
calculations were not refigured to edit the FAR; it would be ]ess by 3,000 to 5,000
square feet. Brown said that it was 1,000 square feet less per suite on the 4th floor.
Tygre stated that she wanted the ordinance to reflect what P&Z had actually
approved in the amount of square footage and FAR. Eric Cohen also asked for the
FAR and revised square footage. James Lindt answered the original square
footage was 41,200 and the current was approximately 36,000 square feet.
No public comments.
Ruth Kruger stated that she was pleased with the architect accommodating and
ad~essing all of the concerns for massing and height; the wedding caked revisions
were beautiful and interesting.
Dylan Johns stated that this was a'heroic effort to get the amount of work done in
the short time; he said this better addressed the height issues with a significant
improvement. David Hoefer reqUested that the resolution refi:rence plans from
tonight's meeting.
Jack Johnson agreed that a heroic effort was made with trying to address the
commission concerng and the project looked good.
Roger Haneman stated that this was his favorite design presented so far but
unfortunately he still could not get past the height issue. Haneman said with the 5~
floor it was still too high and could not vote in favor of the project.
Tygre stated that language had to be included to tighten up the ordinance so it was
very specific about what was submitted with the accurate number of square feet in
the building, the allowable FAR, the height and all of the dimensions so they know
what was approved. Tygre said that she shared much of the opinions of the other
commission in terms that the design was attractive and continually improved from
an already attractive design: Tygre stated serious concerns for the size of the
building especially with a zone district that had a one to one FAR and this building
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ASPEN PLANNING & ZONING COMMISSION -Minutes- APRIL 15, 2003
was a three to one FAR, which was allowable by PUD but she questioned if they
should allow it on this site. Tygre stated that there were a lot of good things about
this project but wished it were smaller and closer to the allowable zone district
dimensional requirements. Tygre stated that she could not support the resolution
without the numbers.
Brown stated that before the resolution was signed he would verify the numbers.
Hoefer stated that the plans at a minimum needed to be identified as an exhibit and
provided to the clerk and referenced in the resolution. Hoefer agreed that specific
FAR numbers should be in the resolution but it was up to the commission if the
numbers needed to be included prior to Jasmine signing.
MOTION: Eric Cohen moved to approve Resolution #6, series 2003
and recommend city council approve with conditions the Dancing Bear
Lodge Minor PUD, Rezoning, Mountain View Plane, Timeshare,
Subdivision, and GMQS Exemptions for Lodge Preservation and
Affordable Housing amending condition #39 to read "applicant shall
attempt to lease from the city"; adding condition #40 referencing the
approval based upon the plans as submitted at the April 15, 2003 P&Z
meeting reflecting the approximate 3 to 1 FAR ratio. Roger Haneman
seconded. Roll call vote: Kruger, yes; Johnson, no; Johns, yes;
Haneman, no; Cohen, yes; Tygre, no. DENIED 3-3.
Discussion: Cohen said that what some of the commissioners were wrestling with
was the building size. Cohen said that there were a lot of public amenities with the
proximity to downtown. Kruger stated that it was a perfect place for this type of
development and the mass and scale were stepped down. Tygre stated that there
were certain places appropriate for greater density and mass; she said that she
wished the entire roof portion would be taken off because it was unnecessary and
then she would feel better about the building. Haneman stated that the top floor
was a concern but even at 49 feet it was pushing the envelope for him. Haneman
said that he worded that once something like this was approved that it would be the
yardstick for every other project. Hoefer stated that the applicant could go forward
to council with the denial vote. Johnson stated that it was a quality project but he
could not set the precedent in that part of town with these heights. Johnson said
that he liked the 5th floor but he had an issue with the 3~d and 4th floors. Kruger
said that this project was very attractive and it was needed for the market. Kruger
said that it would be tragic, especially if it were to come back as 3 or 4 townhomes.
Tygre noted that the minutes would go to council with the positive things from
what the no votes had to say about the project. Brown stated that this was an
advisory board and council was the ultimate decision and he was disappointed that
there was not a positive vote at this time. Brown stated that the height has been
dealt with and stepped back.
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ASPEN PLANNING & ZONING COMMISSION-Min~ie~A AP~L i 5,'2003
CONTINUED PUBLIC HEARING (03/i8/0~51
ST. REGIS pUD AMENDMENT, TiMESHA~ ~. .
Jasmine Tygre opened thc continued public hearing for thc St. Regis PUD
amendment and timeshare. Gideon Kaufrnan, representative,, for thc applicant,
stated that most businesses that arc vital and viable over time have changed with
the times for the new Aspen reality, economy and travel industry. Kaufman stated
that their proposal will demonstrate clearly and unequivocally increase in
occupancy during those shoulder seasons; the proposal represents change in a
positive way to help the economic viability of the St. Regis as well as the
community in general. Kaufman stated that the St. Regis will continue to remain
the largest hotel in Aspen; the ballroom has become a real Aspen cultural amenity
will be preserved and unchanged. Kaufman said that meeting space necessary to
accommodate all of the current conferences will be preserved and in fact it will
have the ability to have more flexibility with the meeting rooms and space, which
will be a result of this renovation. Kaufman noted a spa approval was being
sought, which the applicant believed will help generate new business and reverse
the trend of lost business to other hotels and other resorts. Kaufman stated the
proposal would promote more off-season business thus achieving one of the
original goals of the hotel. Kaufman said that the fractional ownership will have
the Starwo0d brand attached to it combined with a spa, which will provide higher
occupancy not only for the fractional ownership but also for the remaining hotel
rooms.
Kaufman introduced Richard McLennan, the general manager of the St. Regis.
Richard McLennan provided charts concerning the trends that have taken place in
the past few years. McLennan said this presentation was a result of the
considerable changes in the market since the hotel opened. The charts provided
revenues, tax dollars for the city, competitive set comparisons, comparison of spas
in other ski areas, lost business and tax dollars, meeting space changes, spa
footprint and conference meeting room usage specifics. The existing ballroom
(9,000 square feet) would be revamped for the ability to break out half of the
ballroom into 3 rooms with an additional 4,500 square feet of flexible meeting
room space allowing for 20,800 square feet of meeting space not including the 3
new breakout rooms in the ballroom and the 3 existing smaller conference rooms
would be replaced with the spa.
Roger Haneman said that previously it was stated that 80% of the conferences
would be retained; he asked why has the number changed to 100%. McLennan
replied the previous reference was to rooms not meeting space.,; the 20% was
existing business, which currently overflows to the Jerome and Little Nell.
McLerman said that the 3 hotels share business with certain groups with a town
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ASPEN PLANNING & ZONING COMMISSION -Minutes- APRIL 15, 2003
wide event rather than only a hotel. Kauknan noted Comedy Fest was a
community wide event that meeting space was provided along with some rooms.
McLennan said that HBO and Food and Wine were community events that
everyone benefited from in addition to Information Handling, Fortune Magazine
and ESPN, which are all split between the Jerome, Nell and St. Regis. Haneman
asked why it was necessary to keep the administrative staff on premises rather than
move them off site and retain the meeting space. McLennan answered that the
office space was in an un-saleable space area, which was an underground level;
Sales, Accounting, Marketing and HR need to be on site for the daily operations of
the hotel.
Jack Johnson asked if there was ever a conference that used all the current
conference space. McLennan responded that the most conference space ever used
was the 20, 263; some of the groups stay over I0 days. The configurations.of
groups were very diverse; for Food and Wine 2 groups utilized eighty rooms and
the rest was transient. Johnson asked about the ballroom being used for HBO.
McLennan replied that typically 2 events would go into the ballroom and some of
the raw space above Aspen Sports was used instead of turning over a hotel room.
McLennan said that the entire ballroom was only used for community events.
Haneman asked of the groups listed how long have they been coming and how
long were they committed to coming back. McLerman answered that it varied
from group to group; some were 3 to 4 years.
Eric Cohen asked what percentage of the $10,000,000.00 in lost revenues were
hotel room sales versus conference room sales. McLennan replied that it was hotel
rooms and food and beverage sales without anY lost retail or restaurant business;
the average expenditure was $700.00 to $1,000.00 a night. Haneman asked if the
lost business was tracked by the date the contract was signed or the date arrived.
McLennan responded it was the date the event actually took place. McLennan
stated that was lost business only for lack of a spa location and does not represent
other lost business that the hotel tracks.
Kaufman introduced Matt Averil, the senior vice-president managing director for
Starwood Vacation Homes, a subsidiary of Starwood Hotels and Resorts, which is
the largest hotel company in the world. Matt Averil said that the interval
occupancy stabilized the occupancy rates, higher traveling party size and higher
discretionary spending that occupied these types of units.. Averil utilized charts for
the general occupancy in interval ownership in Orlando Florida and Vail Colorado.
Averil also provided the occupancy figures in Avon, Orlando and Vail. Averil said
that occupancy gets created 4 ways in an interval prope~y (1) the owner use (2)
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ASPEN PLANNING & zONING COMMISSION ,Minuttes' APRIL lS, 2003
exchange companies that provide or honored guest program for trade-out (3) rent
unit (4) give to friends and family members.
Haneman asked the type of ownership for the Vail Valley property and where the
owners came from. Averil replied that it was weekly interval ownership, $1 weeks
and the owners came from the west and the Front Range.
Dylan Johns noted the Hobson/Ferrani reports talked about the timcshare market in
Telluride, which was overbuilt in the timesharc area; he said this was a concern
with the trends from the last few years of marketing timeshares and asked when it
would become overbuilt. Averil responded that their Orlando market was said to
be overbuilt but it was the number one timeshare market in the world; the
consumer and community will decide when the market was fhll. Averil felt
comfortable with the benefit of the spa, 25 units with a branded benefit and the
proximity of the town to bc attractive to the consumer. Johns asked thc typical
demographics of the buyers. Averil replied that the average age was 45 to $5.
Johnson asked if there were any other St. Regis fractional ownership hotels. Averil
responded that this would be the first one for the St. Regis but they were doing an
upscale Westin on Maul being sold at $60,000.00 a week, which were sometimes
bought at 4-6 weeks for oceanfront time in Maui Johnson asked what the
fractional costs were going to be for this St. Regis. Averil answered that this
project was an 11 t~, which was a 4 week ownership including summer, winter and
midterm beginning in thc upper $200,000.00's for the 2 bedroom; depending on
the upper floors, with holiday time there were ways to gain other advantages.
Kaufman stated that the sofa beds do not count for original bed count. Johnson
asked at what price point would the St. Regis re~use to sell the hotel rooms. Averil
said that they will sell hotel rooms in the off-season as low as $150.00; the best
comparison was that the suites typically sell from $250.00 in the off-season to
upwards of $700.00 in high season, the fractional units would be comparable.
Cohen asked how the price of $150,000.00 came into the equation. Averil replied
that would be for a biennial fractional interest. Kruger asked the number of
timeshare units in the Starwood system. Averil replied that there were about 4500
timeshares and Andrew Katz responded that there were 122,000 units in the
Starwood Resorts. Kruger asked how the 24 or 25 rooms to bc time-shared were
ascertained. Averil answered that the high-end lux~Lry fractional consumer with a
high level of hands on, high-touch service drove this limited market.
Kruger asked if they were familiar with the laws here and how they differed from
those in Vail. Averil replied that he was familiar with the differences, tLruger
requested thc sale tools. Avcril answered that it would take on. 2-$ months with a
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ASPEN PLANNING & ZONING COMMISSION -Minutes- APRIL 15, 2003
dialog and relationship with only 6 sales people on site. Kaufman stated that they
would comply with the city timeshare ordinance on marketing the product
Public Comments:
Bill Tomsich, president of StayAspenSnowmass, relayed comments from Eric
Calderon, general manager of the Little Nell, that the guests expressed the desires
for expanded spa facilities. Tomsich said that Tony DiLuca, general manager of
the Hotel Jerome, expressed his intention to have a [elationshiP with the St. Regis
for overfiow business on larger groups as it relates to all three of the properties
working together to accommodate the demand. Tomsich supported the project.
MOTION: Eric Cohen moved to extend the meeting to 7:15 pm;
seconded by Ruth Kruger. DENIED 3-3.
Gideon Kaufman appealed to the commission to extend the meeting since this was
the second time that they were continued. Jasmine Tygre stated that she had to
leave at 7 pm and Eric Cohen would take over as chairman.
MOTION: Eric Cohen moved to extend the meeting to 7:15 pm;
seconded by Ruth Kruger. APPROVED 4-2.
Tygre thanked the applicant for the thoroughness of the presentation with much
valuable information and she stated that she had no problem with this application.
Haneman said that his initial complaint remained with the original hotel that
insisted on having as many rooms as it could with 257 and that cutting 78 rooms
with this new proposal was not what the voters asked for during the approval.
Haneman said after this approval there would be 179 hotel rooms left.
Kruger said that the finishing of the rooms in the raw space was an asset to the
community. Kruger agreed with that it was extremely important to keep up with
the times and changing trends of the hotel industry. Kruger said that the amount of
money that the St. Regis invested in the spa would be good for town and she
supported this project.
Johns stated that the last meetings figure of the 80% conference space being
retained was of concern but with the historical conference data supplied that
supported the need for 20,500 square feet of conference space became less of a
concern for him. Johns still questioned if loosing hotel rooms to time share would
either help or hurt in the long run and felt to also was important to stay abreast of
the times as far as the travel industry. Johns said that he supported this project.
Johnson noted that he reviewed the project and learned that it was very
controversial even through two-thirds of the voters accepted it because of the
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ASPEN PLANNING & ZONING COMMISSION -MinUtes- APRIL 15, 2003
conference facilities. Johnson stated concern for the loss of conference space and
the size of the spa at nearly the size of the conference space. Johnson stated that he
was reluctant to make significant changes to a controversial project that go against
specific representations that were made that won the town over to the project.
Johnson said that he was reluctant also to have the Aspen SL Regis be the test case
for time-share.
Cohen stated that the spa was a great idea and necessary for a hotel of that caliber
to have but the timesharing was difficult because o£the 25% reduction in hotel
rooms for the largest hotel in town. Cohen said that like infill, the public did not
attend the P&Z public hearings but turned out in force for the council hearings.
Cohen noted that talk on the streets was that this town was being time-shared.
Cohen reiterated that he had a hard time with the substantial reduction of hotel
room for the premier hotel in town.
Kau£man stated that the Hobson/Fen'ani report stated in a memo that updated
annual occupancies of fractional residence club at Rocky Mountain Ski areas and
clari~y the characteristics of properties in the March 2002 overview. Further the
updated memo provided numbers that were realistic regarding this project and this
product, which average 80% occupancy rate in the winter, 70% in the summer and
20% in the shoulder seasons. Kaufman said that Aspen, Snowmass and Lake
Tahoe attract a larger number of visitors, particularly skiers, have higher
occupancy and the St. Regis could have higher occupancy levels than other
residence clubs surveyed. The well-managed rental program coupled with the
additional advantages of the 5 star brand, excellent location, tlhe hotel and new spa
confirmed the report. Kaufman said that the St. Regis was taking the risk on the
generation of the new spa and hot beds to generate occupancy keeping the
conference facility with new amenities to accommodate the changes needed.
MOTION: Ruth Kruger moved to extend the meeting another 15
minutes; seconded by Roger Haneman. APPROVED 5-0.
Cohen asked if this proposal was approved would the hotel stay open year roUnd
instead of the hotel closing during certain times of the year. McLennan replied that
the packages for the off-season would be very competitive in price; the spa was a
reason to come to Aspen to have the spa experience in the same hotel that you are
staying. McLennan said that resort destination hotels with spas experience any
upwards ora 12% increased occupancy rate over destination resorts without spas.
Cohen asked if the applicant was making a representation that the hotel would be
open 52 weeks a year. McLennan responded absolutely. Cohen said that would be
a benefit and the town may be time-shared out; he was trying to find the positives
of this project. Kaufman reiterated that the representation for the record was part
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ASPEN PLANNING & ZONING COMMISSION -Minutes- APRIL 15, 2003
of the condition of this approval that when the fractional ownership was sold the
hotel would commit to be open year round.
Johnson asked what hotels have been converted to time-share. Allgaier responded
that the new Boomerang, the Residences at the Little Nell and Grand Aspen Hyatt.
There was discussion of opening the spa up to the public with concerns for the
competition with the Aspen Club, additional trip generation based on local
migration to a facility of that nature, but sharing with the guests from the Jerome
and Little Nell. Johnson asked the number 0fpeople that could utilize the spa
facility. McLennan said that the spa would have 18 treatment rooms in addition to
a salon, boutique, sauna and hot tubs.
Kruger asked the number of days a year the hotel was absolutely full. McLennan
replied anywhere between 30 and 40. Kruger said with the room reduction it was
about a 70% reduction; she asked how often was the hotel above 70% full.
McLennan answered that he did not want to throw out a number that was not
correct without researching the assessment but the fractional ownership rooms
would also be rented as hotel rooms on a short-term basis. Kruger asked how
many people would be turned away by reducing the number of available rental
rooms. McLerman responded that some people would be turned away at peak
times but he didn't think that it would be a significant loss. McLennan noted that
between the Regis, Nell and Jerome business was shared all the time; he said of all
the places that he has worked he has never experienced this level of cooperation
between three hotels.
Cohen asked in the case of a timeshare unit, if it were vacant would a walk-up
guest be able to rent that unit for the night. Allgaier responded that according to
the time-share ordinance, it would be as close to a lodge as possible. Averil said
that the answer was yes; in the filing there was a 30-day notice period for the rights
of occupancy to confirm the use and then the unit would be able to be rented like a
hotel.
Haneman stated that he took exception to every instance that was brought up if it
was contrary to what the applicant was looking for it was an exception whereas the
examples provided by the applicant were picture perfect text book of what will be
occurring in Aspen; he had difficulty with the comparison of the Vail project with
a 1/50th share to show occupancies similar to Aspen when Vail was 2 hours from
the nearest metropolitan area and Aspen was 4 hours; Haneman stated that Aspen
was 4 hours just as Steamboat was, with the same number of people at 5,000
residents. Haneman said the management could make all the difference.
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ASPEN PLANNING & ZONING COMMISSION -Minutes- APRIL 15~ 2003
MOTION: Ruth Kruger moved to approve P&Z Resolution #10 and
recommend City Council approve the a pUD Ahiendment,~-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; subject to
the following conditions: 1. The building permit application shall include: (a) A copy
of the final Ordinance and recorded P&Z Resolution. Co) The conditions of approval
printed on the cover page of the building permit set. (c) A traffic management plan that
addresses issues such as construction worker parking and hauling routes. 2. Prior to
issuance of a building permit: (a) The primary contractor shall s~abmit a letter to the
Community Development Director stating that the conditions of approval have been read
and understood. (b) AH tap fees, impacts fees, and building permit fees shall.be paid. (c) A
complete set of sprinkler and alarm plans shall be submitted to tl~e 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
alio~ved. 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 gtandards
of Title 8 (Water Conservation and ~umbing Advisory Code) of the Aspen Municipal
Code, as required by the City of Aspen Mater Department. Based on the spr~nkier
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 shah be provided to all timeshare units and to the juice bar and spa. A
Temporary Certificate of Occupancy (TC0) 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 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. CO) 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 ti~e application on March 5.
2003. the applicant shall conduct an audit, based on the standard.~ of the previous audit (of
Section B-4G of the 1st Amended and Restated Subdivision Agreement. recorded in Book
574, Page 792 of the Pitkin County Clerk and Recorder), immediattely 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. Co) The applicant shall be fully responsible for all
fees associated with retaining an auditor. 4. 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, atfordable housing for any
additional employees of the new facilities. Co) The applicant shall .'tbide by the Aspen/Pitkin
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ASPEN PLANNING & ZONING COMMISSION -Minutes- APRIL 15, 2003
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 shah 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 list~O at
competitive rates in a central reservation system. (b) The covenants of the homeowners
association shall permit walk-in rental of units. The association shah not limit rental of
units to such arrangements as only weekly rentals or Saturday-to-Saturday rentals; instead
the association shah permit shorter stays, split-week rentals, and similar flexible
arrangements. (c) Owners of timeshare estates shah 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 30 consecutive calendar days. (e) The owner of a timeshare
estate shah be prohibited from storing a vehicle in a parking space on-site when the owner is
not using that estate. 6. The fimeshare lodge units that remain in the developer's inventory
shah 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 du9 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. 10. With this approval, the applicant shall commit to having the St. Regis
Hotel open for business year around. Seconded by Roger Haneman. Roll call
vote: Johns, yes; Johnson, no; Haneman, no; Kruger, yes; Cohen, yes.
APPROVED 3-2.
PUBLIC HEARING:
CENTENNIAL PUD AMENDMENT
Jasmine Tygre opened the public hearing for Centennial. DaVid Hoefer stated that
the notice was provided but the mailing and list needed to be provided.
MOTION: Ruth Kruger moved to continue the public hearing on the
Centennial PUD Amendment to May 6, 2003; seconded by Roger
Haneman. APPROVED 5-0.
Meeting adjourned 7:40 p.m.
~y/~ckie Lothia~,l~ep~ty ~i~y Clerk
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