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HomeMy WebLinkAboutcoa.lu.tu.709 E Durant Ave.0103.2016.ASLU0103.2016.ASLU 709 E DURANT AVE TEMP USE FOR SKY HOTEL s«vi"d -71-7 .e 4 �d l PATH: G/DRIVE /ADMINISTRATIVE/ADMIN/LANDUSE CASE DOCS C7j THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0103. 2016.ASLU PROJECT ADDRESS 709 E DURANT AVE PARCEL ID 2737 182 80 001 PLANNER JENNIFER PHELAN CASE DESCRIPTION TEMP USE FOR SKY HOTEL REPRESENTATIVE ASPEN CLUB LODGE DATE OF FINAL ACTION 12. 12.2016 CLOSED BY ANGIE SCOREY 6.30.17 0 Q Permits — ❑ X File Edit Record Navigate Form Repots Format Tab Help Q J ►X ► ►� -� 0- lump 1 �� `' 0 1 0 �r Main Custom Fields Routing Status Fee Summary Actions Routing History c� N -A 0 x r I z 0 Permit type I ® I Aspen Land Use Permit # 0103.2016ASLU Address 709 E DURANT AVE Apt/Suite Cky JASPEN State CO Zp 81611 Permit Information Master permit Routing queue aslul5 Applied 12/01 /2016 Project Status I pending Approved Description APPLICATION FOR TEMPORARY USE Issued Closed/Final Submitted TOMMYGIRRBACH Clock Runnung Days 0 Expires 11/26/2017 Submitted via Owner Last name FAY First name I KEVIN Phone (J Address Applicant 0 Owner is applicant? ❑ Contractor is applicant? Last name FAY First name KEVIN Phone (1 Cust # 30521 Address r- Email Lender Last name L Fist name Phone ( ) ] Address nicoleh 2 of 2 0� - 9-0 4 Wo dA U0, A i3ft.eo �� �rrekS Regular Meeting Aspen City Council December 12, 2016 wedding invitation. It is unattractive and downtown. If you can utilize that space for diners you should. The airlock, no way. That building is one of the most interesting we have and an airlock destroys it. Councilman Myrin said as written the resolution has the air lock and affordable housing and the longer time. Eliminate the air lock and correct the affordable housing mitigation. Councilman Daily said he supports up to 14 days and no air lock. Mayor Skadron said we can't support a request because we like it or don't. I have supported you in the past. He does not think the project is detrimental to the future of Aspen. The struggle I'm having is how it satisfies the criteria. Mayor Skadron said what I need are criteria. Protecting the historic district with a lively corner where the snow piles up. Ms. Garrow said this is public amenity space they can use umbrellas and heaters and use it like Council said in November. Mayor Skadron said the motion would be to amend the resolution for 14 consecutive days for the winter 2016-2017 season, update the mitigation rate and no airlock. Councilman Myrin said for Criteria D, previous approvals and unique space. He would add 2017 to the motion. Mr. True suggested to keep it for just this year. Councilman Daily moved to adopt Resolution #176, Series of 2016 with amendments; seconded by Councilman Myrin. All in favor, motion carried. RESOLUTION #177, SERIES OF 2016 — Sky Hotel/39 Degrees — Temporary Use Ms. Nadolny stated this is a temporary use request for two tents at the Sky Hotel for 35 days. It is an extension of 39 degrees at the rear of the hotel over the pool's patio. They will have roll down sides and be heated. The property is located in the lodge zone district and adjacent to the Little Nell and several residential buildings. Staff is concerned with impacts on the surrounding neighborhood. The canvas tents are unlikely to contain noise. She submitted a letter as exhibit E. The affordable housing mitigation fees are $4,833. Staff is not supportive of 35 days. The burden of noise is shifted to the neighbors. Staff is supportive of a 7 to 10 day request. Tony Gerback, applicant said he took over the lounge in June. He has been working very closely with John at the Aspen Alps. The tent for 35 days is to corral the pool deck. Gay ski week and X games will be huge. This will be a great utilization of the space and relieve some of the tension in the bar and lobby. The relationship with the Alps has improved significantly. Councilwoman Mullins asked what are the dates of gay ski week and X games. Mr. Gerback replied the 16`' and following week. Councilwoman Mullins said to be consistent she would approve the 7 days with the 7 day renewal. It is good to have breathing space in town. The Sky has a great patio. It is private space but you perceive it as public. She wants to avoid all these open spaces being tented over. She would support the 10 to 14 days. Councilman Myrin said he is concerned about the tenting of Aspen. The St. Regis gets filled. Beyond the short term he is not supportive. Councilman Daily said he supports Ann's recommendation. Councilman Frisch said he talked about tent week not month. The 10 or 14 day thing works for me. He is happy to let the applicant chose what 14 days they want to use. Mayor Skadron said he concurs. Council agrees to 14 days. Ms. Garrow said they are fine with not consecutive. During the 2016-2017 winter season. Councilman Myrin has a question on the logistics of Regular Meeting Aspen City Council December 12, 2016 that, if they are trying to do multiple weekends. Ms. Garrow said it is likely more efficient to have them consecutive since they count as a day. Councilman Myrin moved to adopt Resolution #177, Series of 2016 as amended with 14 days to be used during the 2016-2017 winter season, not necessarily consecutively; seconded by Councilwoman Mullins. All in favor, motion carried. ORDINANCES 33, SERIES OF 2016 — Commercial Design Standards Code Amendment Mayor Skadron also opened ordinances 29, 30 and 31 and 34 All ordinances will be continued until January 9" Justin Barker, community development, said they will discuss the roll the guidelines play in zoning. They sit on top of the zone district. The character area sits on top of a lot and how it fits into its surroundings. They all have different contexts. Sara Adams, consultant, said the work is based on previous council direction to ensure development is indicative of Aspen yet maintains appropriate areas for flexibility. There is a new format for the guidelines. All the photos are from Aspen. The main goal for the format was to streamline the document and make it user friendly. There are standards and guidelines within each chapter. The standards have to be met where the guidelines are recommendations. Pedestrian amenity options are currently called public amenity. Create a strong length among pedestrian amenity and second tier spaces. We looked at current options; onsite, offsite, cash in lieu or alternative and tied in second tier space as well as discourage cash in lieu. The proposed now includes street level, upper level, subgrade courtyard, midblock walkway, pedestrian mall, enclosed interior courtyard and off site. Each type also has locations where they are appropriate. Mr. Barker said for the pedestrian amenity requirement. One of the larger changes is related to required amount. Currently it is as little as 10 percent. The proposed amendment is 25 percent. Another change is with cash in lieu. More than 50 percent would require council approval unless located on the malls. Street level has to be open to the sky. Upper level, second level or rooftop also helps to reduce the scale of a building. Subgrade courtyard would not be permitted in historic districts. Midblock walkway — access between street and alley. Access to second tier commercial would count as double towards amenity space. Offsite courtyard/ cash/ malls — improvements to nearby right of way are also beneficial to the rest of street scapes. More clarity to where it can occur. For an arcade element, Ms. Garrow said is it fair to be getting credit in the TIA and double dip in the pedestrian amenity. Councilman Myrin said he supports most of what is there. He is concerned with roof top. Some places it seems private. BB's seems like it is opened to everyone. Ms. Garrow said this is one of the key questions at the end. Councilwoman Mullins asked have you identified where arcades are appropriate. Ms. Garrow replied not specific areas. The language says if there is already one within the block than it would not be appropriate. Somewhat limited, rustic in character. Councilwoman Mullins said she is looking for more criteria. She does not want to see them popping up all over town. Councilman Frisch said we need to be realistic about where people are going to go. What is going to be the easiest to build. Ms. Adams spoke about character areas. In the commercial core they tightened up the guidelines. It feels historic. They called out the chamfer. On Main Street there is a strong relationship to traditional 19`h century development. They pulled the small lodges out and into their own section. Wood or brick as primary materials. In the commercial area they gave close attention to the transition from residential areas. For mountain base there is the emphasis to respond to topography with gable and pitch roof forms. Neighborhood mixed use calls out open space on site and front yards. River approach emphasizes open space and topography and river. 8 RESOLUTION NO. 177 (SERIES OF 2016) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A TEMPORARY USE OF TWO TENT STRUCTURES AT THE SKY HOTEL SUBDIVISION/PLANNED DEVELOPMENT LOCATED ON PROPERTY COMMONLY KNOWN AS 709 E DURANT AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737180001 WHEREAS, the Community Development Department received an application from Aspen Club Lodge Properties LLC, dba The Sky Hotel, 1101 30" St NW, Suite 150, Washington D.C., represented by Tommy Girrbach; and, WHEREAS, the applicant is requesting temporary use approval to erect two canvas tents at the pool deck area on the site for a period of 35 days, starting on December 27, 2016 and ending January 30, 2017; and WHEREAS, pursuant to Chapter 26.450.050 of the Land Use Code, City Council may grant a temporary use approval for up to 180 days; and WHEREAS, the City Council reviewed the application and considered the Temporary Use proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing; and, WHEREAS, the City Council finds that the request for the extended temporary use proposal to be in excess of the applicable development standards associated with the request, and has amended the approval to allow for a temporary use for 14 days; and, WHEREAS, the City Council finds that this resolution furthers and is necessary for the promotion of public health, safety and welfare. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1• Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves a Temporary Use request to allow two heavy weight canvas tents to be erected on the pool deck area of the subject site, measuring 10'x 20' and 30'x 40', respectively. The temporary approval allows the use of these tents for a period of fourteen days which are not required to be used consecutively, but must be used during the 2016/2017 winter season. Set up and removal of the tent structures will count towards the fourteen -day allotment. Section 2: Temporary structures that are approved on a site for a period greater than seven (7) days 1 W 0 are subject to growth management review, resulting in affordable housing mitigation. For the fourteen -day approval, the applicant is required to provide mitigation for seven (7) days. Staff has calculated the amount of affordable housing due for this site as $562.88. The methodology is as follows: Variables: • Size of structures: Tent A will measure 200 sq. ft. Tent B will measure 1,200 sq. ft. o Total size of structures = 1,400 sq. ft. • Employee generation is calculated by FTEs per 1,000 sq. ft. of net leasable space • Employees generated per 1,000 of net leasable space in CC zone district = 4.7 • Mitigation for new commercial space is required at a Category 4 level, which is $223,072/FTE • Mitigation is required at 60% of the FTEs generated • Structures will be on -site for 35 days Methodology: • 1400 sq. ft. / 1000 sq. ft. = 1.4 sq. ft. • 1.4 sq. ft. x 4.7 FTEs = 6.58 FTEs generated • 6.58 FTEs x 60% = 3.948 FTEs to be mitigated if structures are in use 100% of year • 3.948 FTEs / 365 days per year = .0108164 daily rate • 0108164 x 7 days = .0757. FTEs • .0757 x $223,072 = $16,886.55 Assuming 30 year buildinglife ife span: • $16,886.55 / 30 years = $562.88 due for mitigation of the structures for a period of 7 days. This fee must be paid prior to the placement of the structures on the site. Staff requires verification of the size of the structures prior to payment. Section 3: Staff requires verification from the Aspen Fire Department that the structures meet all necessary safety requirements. The size of the structures may be adjusted slightly to accommodate any Fire or Building Department requirements. Mitigation calculations will be updated should the size of the structures change. Section All material representations and commitments made by the applicant pursuant to the temporary use proposal as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5• This resolution shall not affect any existing litigation -and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or 2 amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6• If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction; such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the City Council of the City of Aspen on this 12th day of December, 2016. Z-k 1 Attest: inda Manning, City Clerk Approved as to form: mes R. True, City Attorney 3 Steve Skadron, Mayor • December 12, 2016 700 S. Ute Ave #112 Aspen, Co 81611 Aspen City Council City of Aspen City Hall 130 S. Galena St. Aspen, CO 81611 Re: Resolution #177, Series of 2016 - Sky Hotel/39 Degrees - Temporary Use Request To Whom It May Concern: I am writing as an owner in the Aspen Alps 100 building — which sits directly adjacent to the Sky Hotel — regarding Resolution #177, Series of 2016 - Sky Hotel/39 Degrees - Temporary Use Request listed as an action item on the City Council's December 12, 2016 Agenda. I oppose the extended tent permit on the bases noted by City staff. In particular, it should be noted that noise from the Sky Hotel is already a concern of mine. In addition, it should also be noted the patrons of the bar also regularly populate the sidewalk and street outside, drinking alcoholic beverages and smoking. At times, the shoveled sidewalk is rendered impassable, forcing pedestrians to use the snow -packed and icy street in the winter. I understand that Aspen Alps management continues to work with City staff to address those issues, but feel that insufficient cooperation has been demonstrated by Sky personnel in addressing existing concerns to warrant support for further expanding outdoor bar operations on the Sky Hotel patio. I therefore ask that the council reject the tent permit presented in Resolution #177. Respectfully Yours, Joseph R Mason • • MEMORANDUM TO: Mayor Skadron and Aspen City Council FROM: Sara Nadolny, Planner THRU: Jessica Garrow, Community Development Director RE: Temporary Use Request — 709 E. Durant Ave, Sky Hotel/39 Degrees Resolution No. 177, Series of 2016 MEETING DATE: December 12, 2016 APPLICANT: Aspen Club Lodge Properties LLC, dba The Sky Hotel, 1101 30`h St, NW, Suite 150, Washington, D.C. 20007 REPRESENTATIVE: Tommy Girrbach LOCATION: 709 E. Durant Ave CURRENT ZONING: Lodge (L) Zone District SUMMARY: The applicant is seeking temporary use approval to erect two tents over the outdoor pool/patio area for a period of 35 days, from December 27, 2016 through January 30, 2017. STAFF RECOMMENDATION: Staff recommends City Council deny the request for temporary use approval, finding the structures to have significant visual impacts and accompanying noise effects. Alternatively, Council may consider granting a 7- to 10-day approval, per Council's discussion at the November 7, 2016 work session regarding temporary structures. Figure A: Image of Sky Hotel pool area. Photo credit to Aspenfivestar.com through Google image search. REQUEST OF CITY COUNCIL: The applicant is requesting Temporary Use approval related to two temporary structures in accordance with Chapter 26.450 of the Land Use Code for a period of thirty-five (35) days. The Code allows City Council to grant temporary use approval for up to 180 consecutive days within a calendar year. City Council is the final review authority. 305 S. Mill St. / Temporary Use City Council Hearing — December 12, 2016 Pagel of 3 LOCATION/BACKGROUND: The subject site is located within the Lodge zone district and is a part of the city's Commercial Character Area. The Sky Hotel is located on two streets — its frontage is on E. Durant Ave., and its side/rear is located on S. Spring St., which becomes Ute Ave. The hotel is adjacent to the Little Nell Hotel and several multi -family residential buildings. The applicant's representative has indicated that this tent has been placed on the site for numerous winters prior. This is the first known request for the tent structures as a temporary use. CURRENT REQUEST: The applicant is requesting temporary use approval to erect two tents on the subject site for a period of thirty-five (35) days — beginning December 27, 2016 through January 30, 2017. The tents will serve as overflow for 39 Degrees, the on -site bar/lounge for events related to the New Year's Eve party, Gay Ski Week, and the X-Games. The structures measure 10 `x 20' and 30'x 40' and are constructed from a heavy weight canvas material. The smaller tent will serve to connect the larger tent to the entrances for Sky Hotel/39 Degrees. The tents will be fully enclosed with sides, and will be heated. STAFF FINDINGS: In 2015 City Council approved changes to Chapter 26.470 — Growth Management Quota System (GMQS) of the Land Use Code which impacted temporary use requests. According to the updated Code, temporary structures that are requested for more than seven consecutive days per calendar year are subject to Commercial Design and Growth Management reviews, as well as the criteria associated with Temporary Use requests. Staff has reviewed the applicant's request against the relevant review criteria and finds the following. Temporary Use. Staff is concerned with the impact these tent structures will have on the neighborhood. The structures will serve as overflow for the 39 Degrees Lounge. While a bar/lounge is not out of character for a hotel, at 1,400 sq. ft. the tents will increase the bar's commercial area considerably. The tents are canvas and are not likely to contain the noise from parties inside to the extent that a solid structure is able to do. The size of the tents will cause them to be highly visible to the tenants of the multi -family residential units along Ute Ave. The tents are proposed to be used for events related to New Year's Eve, Gay Ski Week, and X- Games parties. While these events are compatible with the lodge use, they are not necessarily compatible with the surrounding residential uses. The residents will be the ones to absorb the visual and noise impacts of the extended temporary use. However, Staff understands that special events and parties bring visitors to the area. Therefore, Staff supports the use of the temporary structures for a shorter period of time. Commercial Design Review. The subject site is located in the Commercial Character Area, and is therefore subject to the applicable guidelines (Exhibit B, Staff Findings). The Commercial Character Area states these additions should reflect the quality and variation in materials seen traditionally. The tents are constructed of heavy weight canvas material which 305 S. Mill St. / Temporary Use City Council Hearing — December 12, 2016 Page 2 of 3 does not reflect the quality or variety of materials seen traditionally throughout the character area. Growth Management. If Council chooses to grant the temporary use request, affordable housing mitigation will be required. Affordable housing mitigation is calculated based on the floor area of the structures and the amount of days the structures will be on -site. The applicant has indicated the tents measure 10'x 20', or 200 sq. ft, and 30'x 40', or 1,200 sq. ft., respectively. Therefore, the applicant is required to provide mitigation for 1,400 sq. ft. of net leasable floor area for thirty-five (35) days of the year, reduced by assuming a 30-year life span of the building. The methodology can be found in Exhibit C to this memo. The applicant will be required to pay $4,833.23 for the structures to be on -site for a period of 35 days. The applicant is required to verify the size of the structures prior to payment. REFERRAL COMMENTS: Staff has reviewed the proposal with Building and Fire Departments. Both Departments have expressed some concerns related to the tent's location to the building. Verification by the Fire Department will be required to ensure the tent meets all fire safety requirements. STAFF RECOMMENDATION: Staff recommends the City Council approve the proposed temporary use for a period of seven to ten days, in accordance with direction provided by Council's November 7, 2016 work session. Temporary structures that are approved for a period of seven days or less do not require growth management review/affordable housing mitigation. If the tent is approved for a ten-day period, Staff will calculate the affordable housing mitigation at that time. PROPOSED MOTION (WORDED IN THE AFFIRMATIVE): "I move to approve Resolution #177 Series of 2016 to allow two tents on -site at the Sky Hotel's pool patio area from December 27, 2016 through January 30, 2017. ALTERNATE MOTION (WORDED IN THE AFFIRMATIVE): "I move to approve Resolution #177 Series of 2016 to allow two tents on -site at the Sky Hotel's pool patio area for a period of seven days, as determined by the applicant. Attachments: Exhibit A — Site Plan Exhibit B — Staff Findings Exhibit C — Affordable Housing Mitigation Methodology Exhibit D — Application 305 S. Mill St. / Temporary Use City Council Hearing — December 12, 2016 Page 3 of 3 usei5e liq 66K 6Zb OL61 166tZ 6Zb 0161 I T1919 op—loo'uadse 1 ZOZ a11ns 1 ]aaj1s 6upds glnos OOE wo3,uadseuaau6anlq•mmm � a J 7Z Y 0 2 o I� 77 -m > w o Q lld3�ll� • op—jo 'uadse I ane I—np a 60L lagoq As Lry z w LU IIIJ LU 0 J \ \ O O 9 s�' aa� J z 0 u D �(A �z a0 z" �0 w0 az L_J uw[6�n19 aaraen ue[ i eer[xr of wm ure 'w.r i w m i wn s,W wrcraa[ •rwa�laNi'xwv. t Y •ID • E Exhibit B Staff Findings Section 26.450.030. Criteria applicable to all temporary uses. When considering a development application for a temporary use or an insubstantial temporary use, the Community Development Director or City Council shall consider, among other pertinent factors, the following criteria as they or any of them, relate thereto: A. The location, size, design, operating characteristics and visual impacts of the proposed use. Staff Response: Two tents are proposed for this site. The first measures 20'x10', and the second measures 30' x40'. The smaller tent will be used to connect the larger tent to the entrances leading to Sky Hotel and 39 Degrees. The tents are proposed to be located at the rear of the Sky Hotel property, on the deck adjacent to the pool, and near the Aspen Alps 100 building. The tents will be fully enclosed and heated. The applicant is proposing to maintain these tents on -site for a period of 35 days, which will include the New Year's Eve party, Gay Ski Week, and X-Games events. The tents will not be visible from Durant Ave, but will be visible to those properties along S. Spring St/Ute Ave. Staff is concerned with the visual impacts created by prolonged use of these structures. Furthermore, the tents will be used late into the night. The tents are created from a heavy canvas material, but will not be able to contain noise from the parties to the extend a solid building can. Therefore, Staff anticipates a large degree of noise coming from the structures which will impact the surrounding residences. Staff finds this criterion to not be met B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. Staff Response: The proposed tents will be used to increase the area of the 39 Degrees Lounge. While the pool and surrounding area is a familiar place for gatherings, it is likely that with the use of the tents parties will allow the events to last longer into the evening. As mentioned above, there are a large number of multi family buildings on nearly all sides of the hotel that may be impacted by events that last for days. Staff appreciates that events will bring visitors to the area and is good for business. Staff can support a seven to ten-day temporary use request Staff finds this criterion to not be met. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels and neighborhood character. Staff Response: The proposed structures will be located at the rear of the Sky Hotel private property and will have no impact on pedestrian and vehicular traffic, or municipal services. Staff is concerned with the noise levels that will inevitably result from the use of the structures, 0 • particularly for a prolonged period of time. Staff is also concerned with as the visual impacts posed by the structures, particularly on the residential units to the rear of the property. Canvas tents are not in character with the neighborhood. Staff finds this criterion to not be met D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. Staff Response: The Applicant is proposing to maintain the two tents on the subject site for a period of 35 days. Although this is the first time the applicant has requested temporary use approval for the structure, the applicant represents that tents have been used on the site in previous years. E. The purposes and intent of the zone district in which the temporary use is proposed. Staff Response: According to the Land Use Code, the purpose of the Lodge zone district is "...to encourage construction, renovation and operation of lodges, tourist -oriented multi- family buildings through short term vacation rentals, high occupancy timeshare facilities, and ancillary uses compatible with lodging to support and enhance the City's resort economy." The 39 Degrees Lounge is an ancillary use to the Sky Hotel, and its extension will support visitors to the area. Staff finds this criterion to be met F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed. Staff Response: The requested temporary use is for an extension of the bar/lounge, which is a compatible use within the lodge zone district Staff finds this criterion to be met G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. Staff Response: The temporary structures will benefit patrons of the hotel andlor lounge and allow and increased space for the events. However, the structures may create nuisances for the residents of the adjacent multi family housing units. Staff finds this criterion to be only partially met. W • 0 Growth Management Quota System 26.470.040.7 Temporary uses and structures. The development of a temporary use ore structure shall be exempt from growth management, subject to the provisions of Chapter 26.450, Temporary and Seasonal Uses. Temporary external airlocks shall only be exempt from the provisions of this Chapter if compliant with the applicable sections of Commercial Design Review — Chapter 26.412, and approved pursuant to Chapter 26.450 Temporary and Seasonal Uses. Tents, external airlocks, and similar temporary or seasonal enclosures located on commercial properties and supporting commercial uses shall only be exempt from the provision of this Chapter, including affordable housing mitigation requirements, if compliant with the applicable sections of Commercial Design Review — Chapter 26.412, if erected for 7 consecutive days or less in a 12- month period, and approved pursuant to Chapter 26.450 — Temporary and Seasonal Uses. Erection of these enclosures for longer than 7 consecutive days in a 12-month period shall require compliance with the Commercial Design Review — Chapter 26.412, and compliance with the provisions of this Chapter including affordable housing mitigation. Staff Response: The applicant is requesting a 35-day temporary use approval, requiring compliance with Commercial Design Guidelines (below), and affordable housing mitigation. Staff has calculated the appropriate affordable housing mitigation to be $4,833.23. The calculation may be found in Exhibit C, to follow. Commercial Design Guidelines: Commercial Character Area Staff Response: 1.48 A building or addition should reflect the quality and variation in material seen traditionally. Staff Response: This temporary addition will be constructed of a heavy weight canvas material, and does not reflect the quality or variety of materials seen traditionally throughout the City's Commercial Character Area. Staff finds this criterion to not be met. 1.49 Where contemporary materials are use they shall be: • High quality in durability and finish • Detailed to convey a human scale • Compatible with a traditional masonry palette Staff Response: Again, the temporary structures are neither of a high quality or of a traditional masonrypalette. The tents are intended for temporary use, and if the request was for seven days or less the applicant would not be subject to this design criterion. Staff finds this criterion to not be met. 4 0 ! Exhibit C Affordable Housing Mitigation Methodology Variables: • Size of structures: Tent A will measure 200 sq. ft. Tent B will measure 1,200 sq. ft. o Total size of structures = 1,400 sq. ft. • Employee generation is calculated by FTEs per 1,000 sq. ft. of net leasable space • Employees generated per 1,000 of net leasable space in CC zone district = 4.7 • Mitigation for new commercial space is required at a Category 4 level, which is $223,072/FTE • Mitigation is required at 60% of the FTEs generated • Structures will be on -site for 35 days Methodology: • 1400 sq. ft. / 1000 sq. ft. = 1.4 sq. ft. • 1.4 sq. ft. x 4.7 FTEs = 6.58 FTEs generated • 6.58 FTEs x 60% = 3.948 FTEs to be mitigated if structures are in use 100% of year • 3.948 FTEs / 365 days per year = .0108164 daily rate • .0108164 x 60 days = .65 FTEs 0 .65 x $223,072 = $14,4996.80 Assuming 30 year building life span: • $14,4996.80 / 30 years = $4,833.23 due for mitigation of the structures for a period of 60 days. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERT --ow -sispenCO il SCHEDULED PUBLIC HEARING DATE: 1 / Z 4ev_�'-Qu J 20,4& STATE OF COLORADO ) ss. County of Pitkin ) I, %,� _5�(name, please print) being or r resenting an Applicant to City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section.of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the _ day of 520 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to ft public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted - prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAS or PUDs that create more than one lot, new Planned Unit Developments, and. new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was acknowledged before me this 28' day of NO✓2.w� , 20L4, byic r y. WITNESS MY HAL,M AND OFFICIAL SEAL My commission expires: ,r Notary Public MICOLE ELIZABETH RENNIN NOTARY PUBI IC • STATE OF COLORADO Notary Identification #20154012950 My Comnussrm Expires 3131/2019 ATTACHMENTS AS APPLICABLE: • COPYOF THEPUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERSAND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65. 5-103.3 NOTICE OF PUBLIC HEARING THE CrrY of AgEN 4: 709 E. Durant/Sky Hotel Temporary Use ?Vuc Hearing: December 12, 2016 @ 5:00 pm Meeting Location: City Hall, City Council Chambers 130 S. Galena St., Aspen, CO 81611 Project Location: 709 E. Durant The property is legally described as Woodstone Inn Condominiums, according Legal Description: to the Condominium Map thereof filed March 11, 1983 in Plat Book 14 at Page 45 through 49, inclusive at Reception No. 248609 and as further defined and described in the Condominium Declaration for Woodstone Inn Condominiums recorded March 11, 1983 in Book 441 at Page 814 at Reception No. 248608; together with a non-exclusive easement and right-of-way recorded in Book 327 at Page 777; and together with Encroachment License Agreements recorded in Book 316 at Page 232, in Book 425 at Page 907, in Book 425 at Page 913, in Book 425 at Page 919, and in Book 498 at Page 909. Description: The applicant is proposing a temporary, outdoor tent to be located by the pool area for 35 days. Land Use Rev`.ews Req: Temporary Use Decision Making Body: City Council Applicant: Aspen Club Lodge Properties LLC, 1101 30th Street, NW, Suite 150, Washington, DC 20007 More Information: For further information related to the project, contact Jennifer Phelan at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2759, Jennifer. phelan@cityofaspen.corn Published in The Aspen Times on November 24, 2016 • AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ? 01 L Q vcs-^4 H d, , Aspen, CO SCHEDULED PUBLIC HEA, DUNG DATE: �c.c-er�xS I o� i,-- , 201 NOV 2 2016 STATE OF COLORADO ) ) ss. County of Pitkin ) I, :�:/_h0En"C'5 (. (--,," (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Sakd notice Was posted at least fifteen (15) days prior to the public hearing on theo ay of i1 (�,t►�� f , 20 l to, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, PDs that create more than one lot, and new Planned Developments are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The fore oin "Affidavit of Notice" w acknowt d before me thisg day of . - , 20_[ , by�lImas V Ilrfti, Z� WITNESS MY HAND AND OFFICIAL SEAL TARA L. NELSON My commission expires: NOTARY PUBLIC �TATc OF COLORADO NOT ID 20014030017 COMMISSION EXPIRES 09/26l2017 Notary Public ATTACHMENTS AS APPLICABLE: • COPYOFTHEPUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 • • CJ THE CITY OF ASPEN City of Aspen 130 S. Galena Street, Aspen, CO 81611 p: (970) 920.5000 f: (970) 920.5197 w: www.aspenpitkin.com NOTICE OF PUBLIC HEARING RE: 709 E. Durant/Sky Hotel Temporary Use Public Hearing: December 12, 2016, 5:OOPM Meeting Location: City Hall, City Council Chambers 130 S. Galena St., Aspen, CO 81611 Project Location: 709 E. Durant Legal Description: The property is legally described as Woodstone Inn Condominiums, according to the Condominium Map thereof filed March 11, 1983 in Plat Book 14 at Page 45 through 49, inclusive at Reception No. 248609 and as further defined and described in the Condominium Declaration for Woodstone Inn Condominiums recorded March 11, 1983 in Book 441 at Page 814 at Reception No. 248608; together with a non-exclusive easement and right-of-way recorded in Book 327 at Page 777; and together with Encroachment License Agreements recorded in Book 316 at Page 232, in Book 425 at Page 907, in Book 425 at Page 913, in Book 425 at Page 919, and in Book 498 at Page 909. Land Use Reviews Requested: Temporary Use. The applicant is proposing a temporary, outdoor tent to be located by the pool area for 35 days. Decision Making Body: City Council Applicant: Aspen Club Lodge Properties LLC, 1101 30`h Street, NW, Suite 150, Washington, DC 20007 More Information: For further information related to the project, contact Sara Nadolny at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2739, sara.nadolny@cityofaspen.com. ' r fie-= _ -�„� -�• .. � f 1 . %V- N. r PUBLIC NOTICE Date: Time Place: purpose: gpplrcanl tom" G tn301h tmet "Open1e5 LLC 11D VW. Suite 750. �Vas�t'9: ly a Ten,poro7 � TrIe tSuesl'.7e1 � � M,& Is to me1�1 for 35 OnY' ra koo ,y the PpPI t ASPen P,* Wn^oD nfornk�t''n �� ntac 50"4, -W4 10 • SARGENT ELIZABETH VAUSE FAMILY TRUST ANDINA SUPER LLC PO BOX 4450 3020 PLAZA DE MONTE PO BOX 1177 ASPEN, CO 816124450 LAS VEGAS, NV 89102 MANLY NSW AUSTRALIA 1655, SMALLPAGE LEASING LLC BANKS LIVING TRUST THOMAS VICTORIA 6316 HUMPHREYS ST PO BOX 242 835 E DURANT AVE #1 HARAHAN, LA 70123 MIDLAND, TX 79702 ASPEN, CO 81611 CHATEAU CHAUMONT 17/18 LLC ASPEN WINGS PARTNERSHIP R & R INVESTMENTS 7 MCCULLOUGH PL 3481 SHORE DR 15238 OAK VALLEY RD RYE, NY 10580 EXCELSIOR, MN 55331 RAMONA, CA 92065 BONCZEK ROBERT R UNCAPHER BILL TRUST REICH MELVIN L TRUST PO BOX 2896 PO BOX 2127 4609 SEASHORE DR CHAPEL HILL, NC 275152896 LA JOLLA, CA 92038 NEWPORT BEACH, CA 92663 REICH DANIEL S TRUST DALY CAROL Y REV TRUST ALVARADO-RIOS HECTOR 6 RINCON ST 617 E COOPER PALMIRA 151 CUERNAVACA IRVINE, CA 92702 ASPEN, CO 81611 MORELOS MEXICO 62499, MAUTNER RICHARD & MARIANNE RONYRA REALTY NV POWDER 210 LLC 2660 PEACHTREE RD NW APT 25A/B 4425 BAYARD ST # 200 400 E MAIN ST #2 ATLANTA, GA 30305 SAN DIEGO, CA 92109 ASPEN, CO 81611 BELSKY PETER CARMAN PETER PARLETTE R BRUCE 9204 EMMOTT RD 700 UTE AVE #808 825 DEAN ST HOUSTON, TX 77040-3328 ASPEN, CO 81611 ASPEN, CO 81611 PARLETTE RICHARD S BURGESS JOHN K & ELIZABETH LEBOVITS & MOSES 825 DEAN ST 700 UTE AVE #202 10318 GLENBARR AVE ASPEN, CO 81611 ASPEN, CO 81611 LOS ANGELES, CA 90064 LANDMARK AMERICA INC CUB CLUB LLC G3 HOLDINGS LLC 700 S UTE AVE 1212 AVENUE OF THE AMERICAS 450 RACETRACK RD ASPEN, CO 81611 NEW YORK, NY 10036 WASHINGTON, PA 15301 MILL IRON INVESTMENTS LLC SHOHET CAROLYN S SMALL RESTON LLC PO BOX 64 PO BOX 64 7311 ARROWOOD RD CARLISLE, MA 01741 CARLISLE, MA 01741 BETHESDA, MA 20817 • 9 LJ JET VIEW LLC 625 S WEST END ST #4 ASPEN, CO 81611 BOWERS ANN S TRUST 1664 WAVERLEY STREET PALO ALTO, CA 94301 SHIRK JAMES A & LINDA S PO BOX 1549 BLOOMINGTON, IL 61702 IONTACH LLC PO BOX 21176 CATONSVILLE, MD 21228 IACONO FAMILY INVESTMENTS LLC 5845 E PLACITA DE LA ZUERENCIA TUCSON, AZ 85750-1242 GREWAL JASJIT SINGH 1 ECHO CANYON RD PAGOSA SPRINGS, CO 81147 LIVINGSTON DAVID R 7100 GLADYS DR SE GRAND RAPIDS, MI 49546 283 ASPEN LLC 4809 COLE AVE #347 DALLAS.TX 75205 LEWIS FAMILY TRUST 524 EL CERRITO AVE HILLSBOROUGH. 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FL 33331 FOXS LEGACY LLC 400 E MAIN ST ASPEN, CO 81611 NEUMANN MICHAEL 7381 MOHASNIC DR BLOOMFIELD HILLS, MI 48301 V M W TRUST OF 1991 301 N LAKE AVE STE 900 PASADENA, CA 91101 RAHLEK LTD AT BANK OF AMERICA 3903 BELLAIRE BLVD HOUSTON, TX 77025 NASATIR MICHAEL & DELIGHT TRUST 2020 N BEVERLY GLEN BLVD LOS ANGELES. 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CO 81611 NELSON FAMILY LIVING TRUST 295 BARRINGTON LN ALAMO, CA 945071749 RUKAVINA MAE C TRUST 5640 KIPLING AVE MINNETONKA, MN 55345 ASPEN SQUARE HOLDINGS LLC CMMM INVESTMENTS LLC PERRY JAMES H & MARGERY DEUTZ 1216 TIMBERLAND DR 4937 HEARST ST #B PO BOX 3382 MARIETTA, GA 30067 METAIRIE, LA 70001 ASPEN, CO 81612-3382 0 • ONE THIRTEEN LLC RODRIGUEZIFERNANDEZ FAMILY TRUST HEFFNER KRISTIN A 3330 SW 58TH ST 4020 ENSENADA AVE 290 BALBAY DR #204 FORT LAUDERDALE, FL 33312 MIAMI, FL 33133 BAL HARBOUR, FL 33154 CARAS STACY LIV TRUST WEIGAND BROTHERS LLC BARROW MICHAEL E TRST PO BOX 266 150 N MARKET 708 E 12TH PALOS VERDES PENINSULA, CA 90274 WICHITA, KS 67202 NORTH LITTLE ROCK, AR 72119 ASPEN INVESTMENTS LLC ESPOSITO FAMILY TRUST SARICK JORDAN & MADELEINE PO BOX 3657 6276 VIA CANADA 0133 PROSPECTOR RD #4102 ASPEN, CO 81612 RANCHO PALOS VERDES, CA 90275 ASPEN, CO 81611 SARICK LILA RESIDENCE TRUST ALPS PARTNERS GAINES SUSAN R 0133 PROSPECTOR RD #4102 PO BOX 703806 700 S LITE AVE ASPEN, CO 81611 DALLAS, TX 75370-3806 ASPEN, CO 81611 DENNIS IRREVOCABLE TRUST PON FAMILY ASPEN CITY OF ASPEN 77 MONTEREY PINE 2633 RICHARDSON DR #10-D 130 S GALENA ST NEW PORT COAST, CA 92657 CHARLOTTE, NC 28211 ASPEN, CO 81611 PARIMAR LTD OF C/-PLP CONSULTANTS GLORY HOLE CONDO ASSOC DILLON ROBERT JAY III TRUST FLAT 201 VICTORIA HOUSE 730 E DURANT AVE 649 LOCUST ST 15 MANOU KATRAKI ST ASPEN, CO 81611 WINNETKA, IL 60093 KITI LARNACA 7550 CYPRUS, HURWIN DUFFY & RON REV TRUST J&L ASPEN LLC CHATEAU BERT LLC 558 TENAYA DR 19330 CARRIGER RD 7140 S RIVIERA ST TIBURON, CA 94920 SONOMA, CA 95476 AURORA, CO 80016 MENEFEE SAMUEL P VALERIE ASPEN LLC SHELLIST MARTIN PO BOX 5291 150 E 69TH ST #20B 1707 112 POST OAK BLVD #262 CHARLOTTESVILLE, VA 22905 NEW YORK, NY 10021 HOUSTON, TX 77056 SHEPHERD BETH ANN SCHOETTLE SHARON FOXS LEGACY LLC 11504 CANTON DR 1707 1/2 POST OAK BLVD #179 101 S MILL ST #200 STUDIO CITY, CA 91604 HOUSTON, TX 77056 ASPEN, CO 81611 EATON HUGH M III SB H FAMILY 2 LLC SUMMERS AARON MARK 700 S LITE AVE 316 PFISTER DR PO BOX 294613 WILLOWDENE Cl SOMERVILL ASPEN, CO 81611 ASPEN, CO 81611 VICTORIA 3912, WALLING REBECCA DK LLC GEOLFA GROUP LLC 350 BLANCA AVE 21 SAN MARCO CT PO BOX 3131 TAMPA, FL 33606 PALM COAST, FL 32137 MOORESTOWN, NJ 08057 K L 77 CO INVESTMENTS LP STUDIO FIVE LLC NAGEY DAVID A & ELAINE TRAICOFF 3903 BELLAIRE BLVD PO BOX 1863 3 BEACH DR HOUSTON, TX 77025 ASPEN, CO 81612 SHERWOOD FOREST, MD 21405 NAGEY TIBOR F LANDL FAMILY TRUST BLUE SKY TRUST 3 BEACH DR 6 W RIDGE AVE 1024 E HOPKINS #17 SHERWOOD FOREST, MD 21405-9999 PROSPECT HEIGHTS, IL 60070 ASPEN, CO 81611 VIEREGG ROBERT TODD TRUST MAKINEN MICHAEL & WINNIFRED B POLLOCK RANDALL LLC 2221 WYNDANCE WY 851 UNIVERSITY AVE PO BOX 950 NORTHBROOK, IL 60062 PALO ALTO, CA 94301 ASPEN, CO 81612 CAVES KAREN W RUBY RICHARD L TRUST RANDALL WILLIAM C DDS 1 BARRENGER CT 30150 TELEGRAPH RD STE 300 10303 ORCHID LN NEWPORT BEACH, CA 92660 BINGHAM FARMS, MI 48025 PINE RIVER, MN 56474 SOUTHEAST HARBOR FARMS LLLP HE REINERT HOLDINGS CORP CHEN LINDA P 51 ARCH WY 161 MAC LAREN ST 215 E 79TH ST #4E CALISTOGA, CA 94515 OTTAWA ON CANADA K2P OK8, NEW YORK, NY 10021 BELL NORMAN D KANN MARIA BEATRIZ & RONALD K&W PROPERTIES INC 215 E 79TH ST #4E 217 OHARA MANOR DR 728 W CANAL ST NEW YORK, NY 10075 PITTSBURGH, PA 15238 NEW SMYRNA BEACH, FL 32168 ROGENESS FAMILY TRUST CHATEAU DU MONT CONDO ASSOC SILVERSTEIN SAMUEL C & JO ANN 3046 COLONY DR 725 E DURANT AVE 110 RIVERSIDE DR 9B SAN ANTONIO, TX 78230 ASPEN, CO 81611 NEW YORK, NY 10024 RING BARRY S ECCHYMOSIS LLC ROSS JOHN F 552 W OAKDALE AVE 4802 E 2ND ST # 2 7600 CLAYTON RD CHICAGO, IL 60657 LONG BEACH, CA 90803 SAINT LOUIS, MO 63117 FRANZ NORBERT ALEXANDER BARGE RENE TRUST VARADY LOTHAR M & CHERYL G KAISERHOFSTR 15 408 31ST ST 5036 MAUNALANI CIR FRANKFURT 60313 GERMANY , NEWPORT BEACH, CA 92663 HONOLULU, HI 96816 • • AWALL350 LLC GRUENEWALD DAVID F REVOCABLE LIVING SHNEIDERMAN BEN A TRUST 350 BLANCA AVE 63 ROBINWOOD DR 7710 WOODMONT AVE #1112 TAMPA, FL 33606 LITTLE ROCK, AR 72227 BETHESDA, MD 20814 PREECE JENNIFER J TRUST CHAIKEN WILLIAM SATKUNAS THOMAS P 7710 WOODMONT AVE #1112 2030 S OCEAN DR #1723 0096 HOPI BETHESDA, MD 20814 HALLANDALE BEACH, FL 33009-6614 CARBONDALE, CO 81623 WATERS JOSEPH D & LESLIE T LAYTON VIRGINIA MCALESTER TRUST ASPEN MTN PARTNERS LLC 450 S ORIGINAL ST #2 320 COLLINS AVE 730 E DURANT AVE ASPEN, CO 816112073 NEWPORT BEACH, CA 92662 ASPEN, CO 81611 AJAX INVESTMENTS LLC MT ASPEN LLC ROBINSON F GEORGE JR 730 E DURANT AVE 730 E DURANT AVE #G1 PO BOX 7906 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 MAYER WILLIAM E M & M INVESTMENTS BOUTON REV TRUST PO BOX 4462 679 BRUSH CREEK RD 1170 SACRAMENTO ST #11A ASPEN, CO 81612 ASPEN, CO 81611 SAN FRANCISCO, CA 941081967 GODFREY BRUCE FAM TRST GODFREY LESLI L FAM TRST CROCKETT RUFUS 195 RUSSELL RD 1041 S HIGH ST PO BOX 3837 PRINCETON, NJ 08540 DENVER, CO 80209 ASPEN, CO 81612 730 DURANT GI LLC RED FLOWER PROP CO PTNSHP PARTRIDGE JAMES J 1233 EDLIN PL 575 MADISON AVE #1006 361 N AWAHNEE RD MINNEAPOLIS, MN 55416 NEW YORK, NY 100222511 LAKE FOREST, IL 60045 PARTRIDGE JEAN INSURANCE TRUST MAGGOS SUE P TRUST WEIGAND 122 LLC 3495 GIN LN 361 N AHWAHNEE RD 301 N MAIN ST #600 NAPLES, FL 34102 LAKE FOREST, IL 60045 WICHITA, KS 67202 MAVROVIC ERNA CLIFFORD MRS MARGARET JOAN EAGLE POINT PROPERTIES LLC 530 E 72ND ST APT 15-C 146 WILD TIGER RD PO BOX 1749 NEW YORK, NY 10021 BOULDER, CO 80302 ASPEN, CO 81612 BRENNAN ADRIENNE REV FAM TRUST NEPSA INVESTMENT GROUP PTY LTD LE CLAIRVAUX 5 LLC 919 GARDENIA WY 185 SPRING ST 1501 ARDMORE BLVD STE 400 CORONA DEL MAR, CA 92625 MELBOURNE VICTORIA PITTSBURGH, PA 15221 AUSTRALIA 3000, 0 0 WEIGAND JOHNATHAN R TRUST CRAFT LESTER R JR & STACEY CORNELISSEN TOM 128 S OAKWOOD 411 ELK CIR 4753 N SHORE DR WICHITA, KS 67218 BASALT, CO 81621 MOUND, MN 55364-9607 ABRAMSON LAWRENCE M MARELL SARAJANE ABRAMSON JEANES FAMILY TRUST 2315 ESPANA REAL 2315 ESPANA REAL PO BOX 7795 GOLD COAST MAIL CENTER WEST PALM BEACH, FL 33415 WEST PALM BEACH, FL 33415 BUNDALL QLD 4217 AUSTRALIA WELLS RICHARD AARON WEST ULLA CHRISTINA GRINSPOON JEFFREY REV TRUST PO BOX 4867 3042 TOLKIEN LN 2724 N LINCOLN AVE ASPEN, CO 81612 LAKE OSWEGO, OR 97034 CHICAGO, IL 60614 ASPEN SQUARE 305 LLC NEUMAYER CHARLES & DEBORAH SODERLING RONALD E TRUST 6018 BLOSSOM ST 900 BRIDLEGATE LN 901 DOVE ST #270 HOUSTON, TX 77007 NORTHFIELD, IL 60093 NEWPORT BEACH, CA 92660-3038 450 ORIGINAL CONDO ASSOC SEELIG-BROWN BARBARA KRAJIAN RON 450 S ORIGINAL ST 4505 S OCEAN BLVD #1008 617 E COOPER AVE #114 ASPEN, CO 81611 HIGHLAND BEACH, FL 33487 ASPEN, CO 81611 BATES NATHANIEL B TRUST UNCAPHER BILL BAISCH BARBARA D PO BOX 9909 PO BOX 2127 PO BOX 2127 ASPEN, CO 81612 LA JOLLA, CA 92038 LA JOLLA, CA 92038 FELLA HENRY J BECKER ERNEST & KATHLEEN TRUST ASPEN SQUARE 410 LP 117 4TH ST 3065 N RANCHO RD #130 1407 YONGE ST #200 MANHATTAN BEACH, CA 90266 LAS VEGAS, NV 89130 TORONTO ONTARIO M4T IY7 CANADA, 730 EAST DURANT CONDO ASSOC 777 UTE ASPEN ALPS ASSOC AJAX CONDO ASSOC 730 E DURANT AVE 777 LITE AVE 107 ASPEN MOUNTAIN RD ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN ALPS CONDO ASSOC UTE TRAIL TOWNHOUSES CONDO ASSOC 700 LITE AVE 1020 E DURANT ASPEN, CO 81611 ASPEN, CO 81611 IMPROVEMENT SURVEY PLAT YVRH TOPOGRAPHY OF. WOODSTONE INN CONDOMINIUMS A PARCEL OF LAND SITUATED IN THE NW1/4 OF SECTION 18 TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 1 OF 3 VICINITY MAP, CONTROLLING MONUMENTATION, PROPERTY DESCRIPTION, NOTES AND CERTIFICATES 9 GRAPHIC 11114E axa�wEx SOPRIS ENGINEERING - LLC - RUCONSULTAIM 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 n ENrtawrvn. w.xxa xwr m.. aoxTt vta rnraFwxe.Fxrsxxr mFs u urt a ntrxxxiaw lw-N.. xna o-wrtontr anw.ta mu sl essSa N.NrFc:�N.wxNasinaoYE Niwmsona wFx ws mxiaot woxuxExrs Sn-x GEED—N]a WSSCNrs MTNwOwlLxr NN6AiMNxwatD.uR Nr05[npM0 sG "Er. Nro EOUNxf�H.i¢sr[nwEEv. iN54Lfa N�s65 fS)56rFrn WSxM DirDdFEo nxDsinwF O]al>ExiF SrSr[M �[EwDucrorw 5eSC9rnrla xdM6R.slUx EW xxEruuD ar wucin FxGx[[sb.oxitD aawNll LL m09X4v.IDi%M 06Orvlpewxllu xprEe,iEs ixawx ntiFOx EMVE N.v WfxrtD i0 N m,SisrExr WOx M5M55a q Mslsa sarrtrOx atx:,u wNa Marra.setN exErxDrv6E. N10sNMx, MiFD EEf. 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CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 3 Of 3 EXISTING CONDITIONS AND TOPOGRAPHY mm L + 17 m malw.trmsr -_—s s s s — s — .Pa..7w w..�' s — s — s _ . _ -- • —. . — I •tW O w.lgtwxpl( s� •� O oltvwFu ncww[.egp'.-N•Is• m rtlFrxw. Musnut O un �wxwt[ umr rou = � wmwow Elcrnc % -=0 �nnwnoun Enaz.or�xs I i I� GRAPHK SGIF I I t.W.+ . �l I ( I I ` I SOPRIS ENGINEERING - LLC —- --CIVIL cOr�SULTiAiT� 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (9701 704-0311 Aspen Area Lots, Blocks & Parcels November 14. 2016 1:1,128 0 0.0075 0.015 0.03 mi 0.015 0.03 0.06 km Sources. Esri, HERE, DeLonne. Intermap. ncrement P Corp_ GEBCO. USGS, FAO, NPS. NRCAN, GeoBase. IGN. Kadaster NL. Ordnance Survey. • UI ram. �0� t� . �SLt,(, Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Property Phone No.: Owner ("I"): Email: o< O Address of q 1.� Billing ` n Property: l i �vs'`r�� ° 'Y e Address: (Subject of ^ G �) �a I (send bills here) /A I-,) application) I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. �UV 18 2016 $. flat fee for $. flat fee for $. flat fee for $. flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no -payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 5 OU deposit for `% hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Property Owner: Jessica Garrow, AICP Community Development Director Name: City Use: Title: Fees Due: $ Received $ �/� C L r S c�1 C_ ✓cam n C �� ^ March, 2016 City of Apen 1 130 S. Galena St. 1 (970) 920 SOSO a �'Il • 0 ATTACHMENT 2 - LAND USE APPLICATION PROJECT: Name: r 5(�t22� L(,t ] �1 Cr-OL Parcel ID # (REQUIRED) APPLICANT, Name: e n Address: JI O L / Y W U �U r` Phone #: RFPRFSENTIVATIVE: Name: 0711-1 Address: �� 1 iJ L��n7 FI ►!� ���C ✓� C,/(O� Phone#: �� 3 — S yy 0 GMQS Exemption Conceptual PUD Temporary Use GMQS Allotment 0 Final PUD (& PUD Amendment) Special Review Subdivision 0 Conceptual SPA ESA -8040 Greenline, Stream Subdivision Exemption (includes Margin, Hallam Lake Bluff, Condominiumization) Mountain View Plane 0 Final SPA (&SPA 0 Commercial Design Review Lot Split Amendment) Residential Design Variance Lot Line Adjustment Small Lodge Conversion/ Expansion 0 Conditional Use Other: MISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) v PROPOSAL: (Description of proposed buildings, uses, modifications, etc.) .5-6-r Have you attached the following? ftt5 uut: y Pre -Application Conference Summary 0 Attachment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form 0 Response to Attachment #4, Submittal Requirements - including Written Responses to Review Standards 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. March, 2016 City of Apen 1 130 S. Galena St. 1 (970) 920 5050 COMMUNITYCITY OF AsPEN •' DEPARTMENT ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: ��n� Applicant: / 0 ram!-� pro 1 de > r C-L" 0-+ ( J C (,� Location: 70 � L ` "5- 0.^"- A vt Zone District Lot Size Lot Area: � d 0 3 3 Co (For the purpose of calculating Floor Area, Lot Area may be reduced for areas within the high-water mark, easement, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: Number of residential units: Existing: Proposed: Number of bedrooms: Existing: Proposed: Proposed % of demolition (Historic properties only): ao��x�o�� DIMENSIONS: %% Floor Area: Existing: Allowable: Proposed l 7 �• Principal bldg. height: Existing: Allowable: Proposed Access. Bldg. height: Existing: Allowable: Proposed On -Site parking: Existing: Required: Proposed % Site coverage: Existing: Required: Proposed % Open Space: Existing: Required: Proposed Front Setback: Existing: Required Proposed Rear Setback: Existing: Required: Proposed Combined F/F: Existing: Required Proposed Side Setback: Existing: Required: Proposed Side Setback: Existing: Required Proposed Combined Sides: Existing: Required Proposed Distance between Bldgs. Existing: Required: Proposed Existing: Required: Proposed: Existing non -conformities or encroachments: Variations requested: March, 2016 City of Apen 1 130 S. Galena St. 1 (970) 920 5050 w w City of Aspen The Sky Hotel would like to place a tent on the pool deck located at 709 E. Durant Ave with the dimensions of 30Ft x 40Ft with an adjacent tent that is 20Ft x 10Ft to connect to the Hotel and 39 Degrees. We will be using this for our New Years Eve party, Gay Ski Week and X-Games and will remove the tent on January 30`h. The tent will site entirely on the property of the Sky Hotel and will not obstruct any views for local residents. The permit I am requesting would be for a duration of 35 days and is for temporary use of the Lodge. Tommy Girrbach / r " General Vnagger - 39 Degrees Lounge 0 Aspen Club Lodge Properties, LLC 1101301h Street, NW Suite 150 Washington, DC 20007 Ph: (202) 625-7890 To: City of Aspen Community Development Department From: Kevin J. Fay Vice President Aspen Club Lodge Properties, LLC dba "The Sky Hotel Re: Authorization Letter for Mr. Tommy Girrbach I am an officer of the company that owns The Sky Hotel at 709 E. Durant Avenue in Aspen, CO. We hereby provide to Tommy Girrbach, General Manager of 39 Degrees Lounge, the authority to act on our behalf with respect to apply for a "tent license" to be used at The Sky Hotel. If you have any questions regarding this letter or the application, please do not hesitate to contact me at the telephone number above. Sincerely, Yikk,4 m PJ� , uaai5eniq 6606 6ZO 0161 1 66W 6ZO OL61 I T1918 ope1o1o�'uadse I ZOZ a11ns 1 1-1s 6.pds glnos 00£ wdruadseuaaa6anlq •mmm -j = , or_ Z Q ~ �C Q II 0 a -cam Q cn • IiIdRIIJ opeuoloo'uadse I ane luaunp a 60L y e a Als e la4ou m n o Z 0 Md i V 4t }Z 990 Q w OC i0 LU az VY w 62J Z m w O Dj it •(�,A LU ---- - - - - - - - - - - I 1 I U o � 1 U Z I p � J w O w U Z I O u t I - — — — r----J w OfLL- I / IL 0 20 � W 0 CITY OF ASPEN 1 WRE17 PAID RECORDING REQUESTED BY AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO: Arnold & Porter 1700 Lincoln Street Denver, CO 80203-4540 Attn: David Moses, Esq. SPECIAL WARRANTY DEED [C.R.S. § 38-30-115] CITY OF ASPEN HRETr PAID 15P NO.0"9/616 0 ACE ABOVE FOR RECORDER'S USE IRP ASPEN, L.L.C., a Delaware limited liability company ("Grantor"), with an address of c/o ING Realty Management, L.L.C., 230 Park Avenue, 14th Floor, New York, New York 10169, for the consideration of Ten and No/100 Dollars ($10.00) and other valuable consideration, hereby sells and conveys to ASPEN CLUB LODGE PROPERTIES, LLC, a Delaware limited liability company ("Grantee"), whose address is 1000 Potomac Street, N.W., Suite 350, Washington, D.C. 20007 the real property located in the County of Pitkin, Colorado, and described in Exhibit "A" attached hereto and incorporated herein by this reference, with all its appurtenances and all improvements thereon (the "Property"), and warrants the title to the same against all persons claiming under Grantor, subject to real property taxes and assessments for the year 2001 and subsequent years, all matters disclosed on Exhibit "B" attached hereto and made a part hereof. Signature on following page. 452670 TRANSFER DECLARATION RECEIVED 03/23/2001 illlll11III''I11111Ifilllll,III i3fil 111 32670 03/23/2001-03:47R SPEC WD DAVIS SILVI. 1 of 6 R 30.00 D 2064.75 N 0.00 pITKIN COUNTY C0 GRANTOR: IRP ASPEN, LLC, a Delaware limited liability company By: JRC ASPEN LIMITED PARTNERSHIP, an Illinois limited partnership, its Managing Member By: JRC ASPEN g9TRORA O J, TNC. an IIlinois corporation, its General Partner By: .pa-11- Name: F th • tO*^• •Z Its: �x<<.uhLt Uice.ln'�,r�e-C By: IRP ASPEN MEMBER, LLC, a Delaware limited liability company, Member 1 By: Na e: Karen Nickerson Its: Vice President 1 70 03/23/2001 03:47P SPEC WD DAVIS SILVI 2 of 6 R 30.00 D 2064.75 N 0.00 PITKIN COUNTY CO -2- r STATE OF ['ali orn'a) ss. COUNTY OF L ge u) On )�}'�rx vl:�i1 2-9 2 o" I , before me, 4 5 tw WL w -rP.� , a Notary Public in and for said state, personally appeared' • �� • fy,�tn; zz.; , personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. "OFFICIAL SEAL" SUSAN M. WALTERS Notary Public, State of Illinois My Commission Expires July 22, 2004 111111111111111111111111111111111111111 II! 1111111111111 452670 03/23/2001 03:47P SPEC WD DAVIS SILVI 3 of 6 R 30.00 D 2064.75 N 0.00 PITKIN COUNTY CO Notary Public in and for said State 0 • STATE OF S. ss, COUNTY OF On 8MA �d, ao 1 , before me, ha 1 i'4t rrre--", , a Notary Public in and for said state, personally appeared ,�cr-e�ry Ali6 4,r, ,orb , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ;f Notary Public in and for said State 1111111111111111111111111111111111111111111111111111111 452670 03/23/2001 03:47P SPEC WD DAVIS SILVI f IT 6 R 30.00 D 2084.75 N 0.00 PITKIN COUNTY CO AMALIA TORRES Notary Public, State of New York Ouallfied In Qeens328 Co Cotton Expires August 24,E io-o•oasjoct -3- 0 0 EXHIBIT "A" LEGAL DESCRIPTION Land in the State of Colorado, County of Pitkin, described as follows: PARCEL A: WOODSTONE INN CONDOMINIUMS, according to the Condominium Map thereof filed March 11, 1983, in Plat Book 14 at Pages 45 through 49, inclusive, at Reception No. 248609 and as further defined and described in the Condominium Declaration for Woodstone Inn Condominiums recorded March 11, 1983, in Book 441 at Page 814 at Reception No. 248608; PARCEL B: A non-exclusive easement and right of way for the purpose of ingress and egress over and across that certain parcel described in Long Form Easement Agreement unrecorded, notice of which is given by Short Form Easement Agreement recorded April 25, 1977, in Book 327 at Page 777; PARCEL C: Encroachment License Agreements for the purposes stated therein recorded September 3, 1976, in Book 316 at Page 232, April 30, 1982, in Book 425 at Page 907, in Book 425 at Page 913, in Book 425 at Page 919 and recorded November 13, 1985, in Book 498 at Page 909. 11# 1l Illll 111111111111111 IN 1111111111111111 I1111111 4517�1 03/23/2001 03.47P SPEC WpDAVIS SILVr 5 of is R 30,00 D 2084.73 N 0.00 PITKIN COUNTY Co 0 7?X4TTRTT "Tt" 1. Any mine of gold, silver, cinnabar or copper, or any valid mining claim or possession held under existing laws, as reserved by M. G. Miller, County and Probate Judge of Pitkin County, Colorado, in the Deed recorded January 3, 1888,.in Book 59 at Page 242 and September 12, 1888, in Book 59 at Page 482. 2. Mineral rights as set forth in Deeds recorded May 13, 1891, in Book 93 at 'Page 104 and June 10, 1891, in Book 98 at Page 497 and as granted in instrument recorded March 3, 1891, in Book 92 at Page 35. 3. Easement and right of way for the use, operation, construction and maintenance of public utilities to be placed underground and overhead, as reserved by the City of Aspen in the Ordinance No. 12 (Series of 1961), recorded February 16, 1962, in Book 196 at Page 521. 4. Easement and right of way for ingress and egress purposes, as granted by Lester A. Luknow to H.A. Bornefeld, Jr. and George P. Mitchell by instrument recorded May 17, 1963, in Book 202 at Page 343, said easement being more fully described in said instrument. 5. Terms, agreements, provisions, conditions and obligations as contained in License to 2ncroach granted by the City of Aspen to John Winslow Little recorded September 3, 1976, in Book 316 at Sage 232. 6. Terms, agreements, provisions, conditions and obligations as contained in Agreement between Glory hole owners and the City of Aspen recorded March 15, 1977, in Book 325 at Page 939. 7, Terms, agreements, provisions, conditions and obligations as contained in Encroachment License Agreement between the City of Aspen and Bans B. Cantrup and June M. Cantrup recorded April 30, 1982, in Book 425 at Page 907, Book 425 at Page 913 and Book 425 at Page 919. 8. Those covenants, conditions, obligations, easements and restrictions set forth in the Condominium Declaration recorded March 11, 1983, in Book 441 at Page 814, as affected by Parking Lot Lease recorded March 11, 1963, in Book 441 at Page 803, NOTE: Designation of Successor Declarant Under Condominium Declaration For Woodstone Inn Condominiums recorded September 25, 1985, in Book 495 at Page 698. 9. Easements and encroachments as shown on the Condominium Map for the Woodstone Inn Condominiums filed March 11, 1983, in Plat Book 14 at Page 45 through 49. 10. Terms, agreements, provisions, conditions and obligations as contained in Agreement between the City of Aspen, a Colorado municipal corporation, and Woodstone Association, a Colorado general partnership, recorded April 10, 1965, in Book 484 at Page 444. 11. Terms, agreements, provisions, conditions and obligations as contained in Encroachment Agreement between the city of Aspen and Richard Butera recorded November 13, 1985, in Book 498 at Page 909. 12. Statement of Variance and Deed Restriction recorded February 12, 1988, in Book 556 at Page 886, Book 559 at Page 909 and Book 559 at Page 911. 4526i rri�i rr�iir �r��tr rr� ��rr �i�r�rr� �i� rr�tr 4g2670 03/23/2001 03;47P SPEC WD DAVIS i«ti iIrl 6 of 6 R 30.00 D 2064.75 N 0.00 PITKIN COUNTY CO • • Certified Return Receipt Requested June 28, 2016 Travis Williams Sky Hotel and 39 Degrees 709 East Durant Avenue Aspen, CO 81611 Dear Mr. Williams: THE CITY Or ASPEN This letter is a WARNING to the Sky Hotel, a Kimpton Hotel, of violations of the City of Aspen's Noise Ordinance sections 18.04.030 (A) Maximum permitted sound levels in zone districts, which restricts sound levels in the lodging district to 60 dBA during the daytime hours; and sections 18.04.040 (A)(6) & (7) Noises prohibited; nuisances which include noisy parties and amplified noise that disturb the peace. 18.04.030(A). No person or group of persons shall operate or cause to be operated any continuous, regular or frequent source of sound that exceeds the maximum permissible sound pressure level listed in Table 1. Table 1: Maximum noise Nighttime Daytime level by Zone District Zone 11:00 p.m. 7.00 a.m. District to 7.00 to 11:00 a.m. P.m. Residential 50 dBA 55 dBA Commercial 60dBA 65dBA Lodging 55 dBA 60 dBA 18. 04. 040 Noises prohibited, nuisances. (a) General prohibitions. It shall be unlawful, with penalties provided in this Code, Section 1.04.080, for any person to create, cause or allow the continuance of any unreasonably loud, disturbing, unusual, frightening or unnecessary noise, which interferes with neighboring residents' reasonable use of their properties. Such noise may include, but is not limited to, the following: (6) Noisy parties. Congregating because of or participating in any party or gathering of people during nighttime in such a manner as to disturb the peace. (7) The playing of any radio, phonograph, musical instrument, outdoor speakers, televisions or any such device in such a manner as to disturb the peace of nearby persons, particularly during nighttime. You may view the entire code by visiting www.aspenpitkin.com, going to the City Clerk's page, clicking on Municipal Code, and then clicking on Noise Abatement. • • Certified Return Receipt Requested As recently as the weekend of June 24-271h, the City received numerous complaints regarding activities at the Sky Hotel's patio which have been documented to exceed the maximum noise levels in the lodging district, and which also disturb the peace of neighboring Aspen Alp condominium owners. Noise levels were recorded at the Aspen Alps property line ranging from 67 and 71 dBA. It is a violation to exceed the sound limits set for zone districts, and it is a violation to disturb the peace, as set out above. Our records indicate that our office has been responding to similar complaints from Sky Hotel activities since 2002 and that our department met with you and your staff earlier this month regarding compliance with the noise ordinance for special events and regular hotel patio activities. Therefore, the next reported violation will result in a summons into municipal court. Please note that a violation of this ordinance is subject to up to one thousand dollars ($1,000.00) each day of violation or imprisonment for a period of up to one (1) year or both such fine and imprisonment at the discretion of the court per section 1.04.080(a) of the City of Aspen Municipal Code. The City of Aspen encourages the Sky Hotel management staff to take all necessary steps to eliminate amplified noise levels that exceed the sound limits for the lodging district. Please contact me if you have any questions or comments in regards to this warning at 970-920-5069 orjannette.whitcomb@cityofaspen.com. Sincerely, JannetteC tcomb, REHS Senior Environmental Health Specialist Cc: Debbie Quinn, Assistant City Attorney THE CITY OF ASPEN Land Use Application Determination of Completeness �1pf6 Date: November 19, 2016 Dear City of Aspen Land Use Review Applicant, We have received your land use application for 709 E. Durant (Sky Hotel) Temporaryand re iewed it for completeness. Your Land Use Application is incomplete: Please submit the following missing submission items. ❑ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. • A scaled site plan, clearly showing the location and size of the tent needs to be submitted. What was submitted is inadequate. ❑ A disclosure of ownership of the parcel (no older than 6 months) proposed for development, consisting of a current certificate from a title insurance company or attorney licensed to practice in the state, listing the names of all owners of the property and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel and demonstrating the owner's right to apply for the development application. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, (ii nnifer Ian, Deputy Planning Director City of Aspen, Community Development Department Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. 01 Email: Address o Property (subject o application Pam, eA- ed IV, d l6U sky Jbfe I idd 00T'��I �d?CGt(1 t W 44, Phone No.: 74M t. �OrO t #sue r93p,iA , Gp 01611 I certify as follows: (pick one) This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature Owner printed name: or, Attorney signature: Attorney printed name: �1 date:— i lit' J6 M date: 0 • LAW OFFICES GIDEON I. KAUFMAN* OF HAL S. DISHLER "A PATRICK D. MCALLISTER KAUFMAN, DISHLER & MCALLISTER, P.C. • ALSO ADM ITTED IN MARYLAND 315 EAST HYMAN AVENUE •• ALSO ADMITTED INTEXAS SUITE305 ASPEN, COLORADO 81611 November 23, 2016 Via Hand Delivery Jennifer Phelan, AICP Deputy Planning Director Community Development Department City of Aspen 130 S. Galena St. Aspen, CO 81611 Re: ASPEN CLUB LODGE PROPERTIES, LLC Dear Jennifer: TELEPHONE (970)925-8166 FACSIMILE (970)925-1090 The undersigned is attorney for Aspen Club Lodge Properties, LLC. Aspen Club Lodge Properties, LLC does business as the Sky Hotel. This letter is given in support of application by the Sky Hotel for temporary use of a tent. Ownership of the property is vested in ASPEN CLUB LODGE PROPERTIES, LLC, a Delaware limited liability company, as evidenced by Special Warranty Deed recorded at Reception No 452670 of the records of the Clerk and Recorder of Pitkin County, Colorado. A copy of the Deed is included herewith for your ease of reference. Thank you. Sincerely, Kaufman, Dishler & McAllister, P.C. A Profession l Corporation Patric D. cAl ister