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HomeMy WebLinkAboutLand Use Case.315 Dean St.A007-03 THE CITY ©F ASPEN City of Aspen Community Development Department CASE NUMBER A007-03 PARCEL ID NUMBER 2737-182-82-001 PROJECT ADDRESS Aspen Mt. Lot 1 PLANNER Scott Woodruff CASE DESCRIPTION Aspen Mountain PUD Lot 1 Timeshare & Extended Spa REPRESENTATIVE Gideon Kaufman DATE OF FINAL ACTION 5/12/03 CLOSED BY Amy DeVault 130 S. Galena St. ` Aspen CO 81611 (970)920-5090 (970) 920-5439, fax ~. To: Gideon Kaufman From: Scott Woodford, (970) 920-5102 Fax: 925-1090 Pages: 8 (including cover page) Phone: Date: /25/03 Re: St. Regis CC: ^ Urgent x For Review ^ Please Comment ^ Please Reply ^ Please Recycle • Comments: Gideon, attached is the development order and un-signed, but approved ordinance for the St. Regis PUD Amendment. I haven't yet received a signed, recorded copy of the ordinance for my files, but it should be soon. Once it is recorded, you may get a copy from the Pitkin County Clerk and Recorder or call me for a copy. Good luck on the project. Sincerely, Scott. ~, ~,:. St. Regis Residence Club Reservation Policies and Procedures Introduction• The St. Regis Residence Club Reservation Policies and Procedures govern the way in which all Club Members have access to the accommodations of the St. Regis Residence Club. These Reservation Policies and Procedures have been carefully developed in order to be equitable to all Club Members. St. Regis Colorado Management Inc., administers the St. Regis Residence Club, including the St. Regis Residence Club reservation program, pursuant to its Management Agreement with the Aspen Residence Club and Hotel Condominium Association. The Club Manager has the right to recommend changes to these Reservation Policies and Procedures to the Association's Board of Directors from time to time as conditions warrant. The Reservation Policies and Procedures will not be changed in a way that discriminates against any category of Club Members. In the event there is a conflict between .the Declaration and Plan of Club Ownership for Aspen Residence Club and Hotel Condominium or By-laws of the Association and these Reservation Policies and Procedures, the Declaration or By-laws will control. Definitions The following capitalized terms used in these Reservation Policies and Procedures are defined here to clarify their intended meaning and usage in this document. All other capitalized terms used in this document which are defined in the Declaration, shall have the meanings given them in the Declaration. Annual Club Interest means a Fixed or Premier Club Interest for which the Owner has the right to reserve up to four Club Weeks for his or her use every Fixed Interest Use Year or Premier Use Year. Assigned Priority Letter means the letter or letters assigned to a Premier or Premier Lifestyle Club Interest, as designated on the Club Member's St. Regis Warranty Deed. A Priority Letter or letters will be assigned at the time a Premier or Premier Lifestyle Club Interest is conveyed in a Club Unit. An Assigned Priority Letter or letters determines the reservation selection priority for each Premier or Premier Lifestyle Club Interest for each Premier Use Year. A Premier or Premier Lifestyle Club Interest's reservation selection priority will rotate on a yearly basis as determined by the Club Manager and set forth on the Premier Use Schedules (attached to these Reservation Policies and Procedures as Exhibit C1 and C2). Association means The Aspen Residence Club And Hotel Condominium Association, Inc., a Colorado non-profit corporation. Club means the St. Regis Residence Club, Aspen, the program of reservation services and other benefits for owners of Club Interests in the Aspen Residence Club and Hotel Condominium, as set forth in Article 23 of the Declaration. The Club is not a multisite vacation club or an exchange company. CO_DOCS_A #133888 v3 DRAFT ~~ Club Documents means the Declaration, Hotel Amenities Use and Access Agreement, Association By-laws, Association articles and these Reservation Policies and Procedures, as each maybe amended from time to time to time to time. Club Interest Has the meaning given in the Declaration. A Club Interest will either be a Fixed Club Interest or a Premier (floating) Club Interest. In addition, a Club Interest will either be an Annual Club Interest or a Premier Lifestyle (biennial) Club Interest. A Club Interest will also either be a Summer Preferred Club Interest or a Winter Preferred Club Interest. Club Mana>;er or_Manager means St. Regis Colorado Management, Inc. a Florida corporation. Club Member means the owner or owners vested with legal title to a Club Interest. Club Unit means a Residential Unit in the Condominium, as further defined in the Declaration, which is submitted to the Plan of Club Ownership and in which a Club Interest has been conveyed. Club Week means seven consecutive days as further described in the Declaration. Club Weeks begin on Saturday at 4:00 p.m. and end the following Saturday at 10:00 a.m. Condominium means the Aspen Residence Club and Hotel Condominium, a Colorado common interest community located in Aspen, Colorado. Declaration means the Declaration and Plan of Club Ownership for Aspen Residence Club and Hotel Condominium and any amendments thereto. Even Year Premier Lifestyle Club Interest means a Premier Lifestyle Club Interest that gives its owner the right to reserve Club Weeks in each Premier Use Year that begins with an even number, for example, 2006/2007, 2008/2009. Fixed Club Calendar means the calendar established every year by the Manager in which individual Club Weeks aze assigned to the Winter, Summer or Mid-Season and in which the Fixed Interest Use Year is established. Club Week number one will begin with the first week containing the first Saturday in January. Seventeen (17) Club Weeks will be assigned to the Winter Season, sixteen (16) Club Weeks will be assigned to the Summer Season and nineteen (19) Club Weeks will be assigned to the Mid-Season. The initial Fixed Club Calendar is attached to these Reservation Policies and Procedures as Exhibit A. Fixed Club Interest means a Club Interest for which the Club Member has the right to reserve the specific Club Weeks in the specific Club Unit identified in the Club Member's special warranty deed. The Club Member's special warranty deed will indicate the Fixed Club Weeks and Fixed Club Unit assigned to the owner of the Club Interest. Fixed Club Interests grant the owner use rights to the particular Club Weeks designated on the Club Member's special warranty deed, not a particular holiday (for example, Christmas will not always occur during Club Week 52). C:\Documents and Setfingslspillera\Local Settings\Temporary Internet Files\OLK19\St Regis Club Rules (2.12.04).DOC 2 o ~ DRAFT Fixed Interest Use Year means the period beginning with the first day of the first Club Week assigned to the fall Mid-Season and ending on the last day of the last Club Week assigned to the Summer Season. The Fixed Interest Use Year may include periods within two different calendar years. Fixed Reservation Period means the period during which the Fixed Club Weeks assigned to the Fixed Club Interest of each Fixed Club Members will be reserved by the Club Manager and in which owners of Fixed Club Interests may request an exchange of the Club Weeks assigned to their Fixed Club Interest. Member in Good Standin>; means a Club Member who is current in the payment of all outstanding amounts owed to the Club Manager or Seller that relate to the Club Member's ownership of a Club Interest. Mid-Season Club Week means a Club Week assigned to the Mid-Season as designated on the Fixed Calendar or Premier Calendar. Odd Year Premier Lifestyle Club Interest means a Premier Lifestyle Club Interest that gives its Owner the right to reserve Club Weeks in the Premier Use Year beginning with an odd number, for example, 2005/2006, 2007/2008. Premier Club Calendar means the calendar established every year by the Manager in which individual Club Weeks are assigned to the Winter, Summer or Mid-Season and in which the Premier Use Year is established. Club Week number one will begin with the first week containing the first Saturday in January. Twenty (20) Club Weeks will be assigned to the Winter Season, seventeen (17) Club Weeks will be assigned to the Summer Season and fifteen (15) Club Weeks will be assigned to the Mid-Season.. The initial Premier Club Calendar is attached to these Reservation Policies and Procedures as Exhibit B. Premier Club Member means the owner or owners of a Premier Club Interest. Premier Club Interest means a Club Interest for which the Club Member has a right to reserve the number of Club Weeks in each season for the type of Club Interest (i.e. Winter Preferred or Summer Preferred), in a comparable Club Unit type (for example, a two bedroom unit), as identified in the Club Member's special warranty deed. A Premier Club Interest may be an Annual Club Interest or a Premier Lifestyle Club Interest. Premier Lifestyle Club Interest currently means a Premier Club Interest for which the owner has the right to reserve up to four Club Weeks for their use every other Premier Use Year. Premier Lifestyle Club Interests may either be Odd Year Premier Lifestyle Club Interests or Even Year Premier Lifestyle Club Interests. The special warranty deed for each Premier Lifestyle Club Member will designate whether the Premier Lifestyle Club Interest is an Odd Year Premier Lifestyle Club Interest or an Even Year Premier Lifestyle Club Interest. Premier Lifestyle Club Member means the owner or owners of a Premier Lifestyle Club Interest. C:\Documents and Settings\spillera\Local Settings\Temporary Internet Files\OLK19\St. Regis Club Rules (2.12.04).DOC 3 ,° ~.E, DRAFT Summer Preferred Club Interest means a Club Interest containing three Club Weeks assigned to the Summer Season and one Club Week assigned to the Mid-Season. Unaccot~anied Guest means any guest who occupies a Club Unit without a Club Member during a Member's confirmed Club Week at the request of such Member and with notice to the Club Manager as provided in these Reservation Policies and Procedures. Winter Preferred Club Interest means a Club Interest containing three Club Weeks assigned to the Winter Season and one Club Week assigned to the Mid-Season. Winter Club Week means a Club Week assigned to the Winter Season as designated on the Fixed Club Calendar or Premier Club Calendar. Winter Season means the time period consisting of Winter Club Weeks as designated on the Fixed Club Calendar or Premier Club Calendar. Section One. Use of the Reservation System Subject to applicable law and the provisions of the Club Documents only Club Members in Good Standing may use the reservation system. Each Club Interest shall have a Primary User as initially designated in the Purchase Agreement. The Primary User shall have exclusive rights to use the reservation system and to make all other related decisions for the Club Interest. Only the Primary User may change the name of the Primary User, and such a change must be made in writing to the Manager at least 10 days prior to the effect of the change. The Primary User may notify the Manager in writing of up to four individuals who shall be allowed to make reservations for the Primary User's Club Interest. Only the Primary User may make changes to the designated Permitted Users; and such a change must be made in writing to the Manager. A Club Member who makes a reservation for an Unaccompanied Guest who will occupy the Club Unit without a Club Member must notify the Club Manager that the guest will be unaccompanied. The Club Member will be asked to specify the Unaccompanied Guest's name, address and telephone in writing at least thirty (30) days prior to arrival so that the Club Manager can send a confirmation notice to that Unaccompanied Guest. The Unaccompanied Guest will be required to pay all charges incurred (if any) upon check out, unless, payment has been arranged in advance by the Club Member. The Club Member is responsible for any unpaid charges incurred by their Unaccompanied Guest, and is responsible for any damages to Club Unit, furnishings, or Condominium property caused by their Unaccompanied Guest. No fees are charged for guests who accompany the Club Member during their reserved Club Week(s). C:\Documents and Settingslspillera\Local SettingslTemporary Internet Files\OLK19\St. Regis Club Rules (2.12.04).DOC 5 ::. . ~. wry.. ~..„~` DRAFT Section Two. Making a Reservation Each Club Member has the right to reserve four Club Weeks or up to 28 days of time each year for an Annual Club Interest or every other year for a Premier Lifestyle Club Interest. A Club Member's reservation procedures are governed by whether the Club Member owns a Fixed Club Interest, a Premier Club Interest or a Premier Lifestyle Club Interest. The particular Club Weeks that may be reserved for a Club Member will also be determined by whether the Club Member owns a Winter Preferred Club Interest or a Summer Preferred Club Interest and for Premier or Premier Lifestyle Club Members, by the member's Assigned Priority Letter.. Fixed Club Interests: At the beginning of the Fixed Reservation Period, the Club Manager will automatically reserve the Fixed Club Weeks in the particular Club Unit assigned to each Fixed Club Interest and will mail an exchange request form to the Primary User of each Fixed Club Interest. The Primary User of each Fixed Club Interest will be mailed a confirmation of the automatic reservation of the Fixed Club Weeks by the Club Manager. Each Owner of a Fixed Club Interest may request an exchange of one or more of his or her Club Weeks by notifying the Club Manager prior to the end of the Fixed Reservation Period. The Club Member requesting an exchange should indicate the Club Weeks he or she desires to occupy on the exchange request form and return the form to the Manager prior to the end of the applicable reservation period. Exchange requests will be confirmed on a first come, first served basis. The Club Manager's ability to exchange Fixed Club Interests is subject to availability. Premier and Premier Lifestyle Club Interests. At the beginning of the Premier Reservation Period, the Club Manager will mail a reservation request form to the Primary User of each Premier and Premier Lifestyle Club Interest. Each Primary User will be asked to rank the Club Weeks available for reservation in priority order from most desired to least desired and to return the registration form to the Club Manager. Primary Users of each Premier Lifestyle Club Interest will be mailed a reservation request form in the years in which their use rights occur. For example, the owner of an Even Premier Lifestyle Club Interest will be mailed a reservation request form for each Premier Use Year in which an even number occurs first (e.g. for the 2006/2007 Premier Use Year). During the Premier Reservation Period, Premier and Premier Lifestyle Club Members owning Winter Preferred Interests may request an exchange of one of their unreserved Winter Club Weeks for an available Summer Club Week. Conversely, Premier and Premier Lifestyle Club Members owning Summer Preferred Interests may request an exchange of one of their unreserved Summer Club Weeks for an available Winter Club Week. The Club Manager will make reservations for Club Weeks using the Premier Use Schedules and each Premier Club Member's and Premier Lifestyle Club Member's reservation ranking of Club Weeks. The Premier Use Schedules show the selection priority for each Premier Use Year using C:\DOCUmenis and Settings\spillera\Local Settings\Temporary Internet Files\OLK19\St. Regis Club Rules (2.12.04).DOC 6 DRAFT Assigned Priority Letters. A Priority Letter will be assigned at the time a Premier Club Interest or Premier Lifestyle Club Interest is conveyed. An Assigned Priority Letter determines the reservation selection priority for each Premier Club Interest or Premier Lifestyle Club Interest for each Premier Use Year. Reservations will be filled in priority order as determined by the Premier Use Schedules in the order that reservation requests are received by Club Manager. In order to be equitable to all Premier Club Members and Premier Lifestyle Club Members, the priority order for selecting Club Weeks will rotate on a yearly basis, as determined by the Club Manger and set forth on the Premier Use Schedules, attached to these Reservation Policies and Procedures as Exhibit C 1 and C2. Premier Club Members and Premier Lifestyle Club Members may reserve consecutive Club Weeks, as long as the reservation of such time complies with the reservation periods and priorities established in the Premier Use Schedules. Pursuant to a requirement of the City of Aspen, Ordinance No. 25 (Series of 2003), Club Members may not be permitted to occupy a Club Unit in excess of 30 consecutive calendar days. Premier Club Members or Premier Lifestyle Club Members who submit reservation requests after the close of the applicable reservation window will be assigned Club Weeks from the remaining inventory of unreserved Club Weeks. A Premier or Premier Lifestyle Club member who fails to submit a reservation request to the Club Manager will be assigned Club Weeks from the remaining inventory of unreserved Club Weeks after all late reservation requests and exchange requests have been processed. Section Three: Reservation Schedules The following reservation schedules will be followed for the Club and may be amended by the Association from time to time. Club Members will be notified of any change to these reservation schedules within a reasonable time of such changes being adopted by the Association. Fixed Reservation Period June 1 Reservation Confirmations mailed to Primary Users of Fixed Club Interests June 1-June 30 Exchange and SPG Conversion request forms due to Club Manager. Club Members may also request the reservation of available and unreserved Mid-Season Club Weeks. June 30 Fixed Reservation Confirmation forms must be submitted to Club Manager. Fixed Reservation window closes. C:\Documents and Settingslspillera\Local Settings\Temporary Internet Files\OLK19\St. Regis Club Rutes (2.12.04).DOC ~ 4f DRAFT August 1 Reservation confirmations sent to the Primary User for each Fixed Club Interest. Premier Reservation Period June 1 Reservation request forms mailed to the Primary Users of Premier and Premier Lifes le Club Interests June 1-June 30 Reservations requests prepared and submitted by Premier and Premier Lifestyle Club Members to Club Manager. Club Members may also request the reservation of available unreserved Mid-Week Weeks. June 30 Reservation request forms must be submitted to Club Manager. Premier Reservation window closes. August 1 Reservation confirmations sent to the Primary User for each Premier and Premier Lifestyle Club Interest. Section Four: Waiting Lists and Cancellations After the Club Manager has filled all reservation requests, and upon the request of the Club Member, the Club Manager will maintain a waiting list for those Club Members whose requested reservations or exchanges cannot be accommodated. Confirmations of reservations for Club Members on the waiting list will be determined by a number of factors such as: 1) the order in which the Club Member's request was placed on the waiting list, 2) whether the Club Member has requested the reservation of a Club Week or a time period less than one Club Week, 3) the number of reservation requests received by a particular Club Member and 4) other such factors as maybe adopted by the Association from time to time. A Club Member may cancel a confirmed reservation for the use of a Club Unit no later than 30 days prior to the Club Member's arrival date. The Club Manager will make a reasonable effort to make the time associated with the confirmed reservation available to other Club Members and to provide- the canceling Club- Member with an alternate reservation; in accordance with the priorities and restrictions associated with the Club Member's Club Interest, the Premier Use Schedules and available unreserved Club Weeks. The earlier Manager is notified of a cancellation, the more likely will the Club Member receive an alternate reservation. The Manager makes no guarantee that a Club Member will be provided with an alternate reservation. Section Five: Association owned Club Weeks and Maintenance Weeks. The Association will own one or more Club Week in each Club Unit. At least one Club Week owned by the Association will be used for maintenance of each Club Unit each calendar year. The maintenance week for each Club Unit will occur during the Mid-Season, and will be selected after all Club Members have made their first Mid-Season Club Week selection and C:1Documents and Settings\spillera\Local SettingslTemporary Internet Files\OLK19\St. Regis Club Rules (2.12.04).DOC g «~r, DRAFT before the reservation requests have been processed for additional or second Mid- Season Weeks (as further described in section six). The specific Club Week that will be used for maintenance may vary each use year and may vary by Club Unit. Any additional Club Weeks owned by the Association will be made available asMid-Season Club Weeks for the reservation of Club Members. If any of the Association owned Club Weeks are not reserved by Club Members, The Association reserves the right to rent such unreserved Club Association Weeks to members of the general public at any time. Section Six: Reservint? Available Mid-Season Association Weeks. Club Weeks owned by the Association will be designated as Mid-Season Club Weeks. As a result, there will be more Club Weeks designated as Mid-Season Club Weeks than there are Club Members entitled to reserve such weeks. Each Club Member may request the reservation of an additional or second Mid-Season Club Week at the beginning of the Fixed Reservation Period or Premier Reservation Period. Reservations will be confirmed on a first come, first served basis. The Club Manager will fulfill the requests to reserve additional Mid-Season Club Weeks after the reservation requests for the first Mid-Season Club Week has been processed for all owners and after the maintenance week has been designated for each Club Unit. The Club Manager reserves the right to process requests for additional and unreserved Mid-Season Club Weeks using the priority schedules. A nightly use fee will be charged for the use of additional Mid- Season Club Weeks, as determined by the Association from time to time. Section Seven: Club Week 53 The Seller has reserved the right to convey Club Week 53 as part of a Fixed Club Interest. Any Fixed Club Interest that includes Club Week 53 will grant the Owner of such Fixed Club Interest with automatic reservation of five Club Weeks in the particular Club Unit when Club Week 53 occurs in a particular Fixed Interest Use Year. The special warranty deed of a Fixed Club Interest will designate whether or not the Fixed Club Interest includes Club Week 53. Any Club Week 53 that is not conveyed in a particular Club Unit may be reserved as a Club Week by Premier or Premier Lifestyle Club Members using the Premier Use Schedules or may be used by the Club Manager. Section Eight: Split Week Reservations Club Members who will not use their entire reserved Club Week should notify the Club Manager. Club Members may request that their reservation of a full Club Week be split into a period of less than seven days no sooner than 30 days prior to the reserved desired arrival date. Club Members may request a reservation of an unreserved Association Week for a period of less than seven days, 30 days prior to the desired arrival date. C:\Documents and Settingslspillera\Local Settings\Temporary Internet Files\OLK19\St. Regis Club Rutes (2.12.04).DOC 9 ,,may ,. DRAFT Section Nine• Starpoints Conversion Program The Starwood Preferred Guest ("SPG") Program is a guest recognition program, which provides certain vacation and travel benefits through the award and redemption of Starpoints. Starwood Hotels and Resorts Worldwide, Inc. ("Starwood") operates the SPG Program. The Starpoints Conversion Program permits Club Members to convert their reserved Winter Club Week(s) or Summer Club Week(s) to Starpoints, subject to the terms and conditions listed in the Starpoints Disclosure Statement. The converted Starpoints will be deposited into the Club Member's SPG account and may be used according to the rules of the SPG Program. The Seller reserves the right to limit participation in the Starpoints Conversion Program to only those Club Members who purchase their Club Interest from the Seller or an authorized agent of the Seller. Section Ten: Day Use In order to maintain each Club Member's privacy, exclusivity and enjoyment of the available facilities and amenities, day use of the available facilities and amenities by is not permitted. Use of, or access to, the available facilities and amenities is limited to Club Members, their accompanied and unaccompanied guests, who are occupying a Club Unit. Section Eleven: Exchange Companies The Association may endorse, but has not at this time endorsed, an external exchange program. Until the Association enters into a binding agreement with an exchange company, which satisfactorily offsets the costs of administration, front desk, and other services provided to exchange users, and provides for such terms and provisions as exchange trading power, exchange user liability, and the procedures for confirming exchanges, the Association shall not recognize or honor external exchanges. This Section shall in no way prohibit the Association from entering into reciprocal sharing agreements with one or more other Associations. Section Twelve: Amendments The Club Manager has the right to recommend changes to these Reservation Policies and Procedures, including all exhibits, to the Association's Board of Directors from time to time as conditions warrant. The Association Board shall have the right to make amendments to these Reservation Policies and Procedures, in its sole discretion, from time to time. The Association Board will exercise reasonable judgment to further the reasonable interests of Club Members as a whole with respect to their opportunity to use the Club Units and available amenities and facilities. The Reservation Policies and Procedures will not be amended so as to deny Club Members in Good Standing the opportunity to reserve the Club Weeks associated with their Club Interests. Furthermore, these Reservation Policies and Procedures will not be changed in a way that discriminates against any category of Club Members. Notice of any amendments to these Reservation Policies and Procedures will be provided to the Primary User. 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St. Regis Residence Club -Aspen Premier Use Calendar Week 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 2005 Use Ye Start Date 1-Jan 8-Jan 15-Jan 22-Jan 29-Jan 5-Feb 12-Feb 19-Feb 26-Feb 5-Mar 12-Mar 19-Mar 26-Mar 2-Apr 9-Apr 16-Apr 23-Apr 30-Apr 7-May 14-May 21-May 28-May 4-Jun 11-Jun 18-Jun 25-Jun 2Ju1 9-Jul 16Ju1 23Ju1 30Ju1 6-Aug 13-Aug 20-Aug 27-Aug 3~Sep 10-Sep 17-Sep 24-Sep 1-Oct 8-Oct 15-Oct 22-Oct 29-Oct S-Nov. 12-Nov 19-Nov 26-Nov 3-Dec 10-Dec 17-Dec 24-Dec 31-Dec Veek 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 2006 Use Y Start Date 7-Jan 14-Jan 21-Jan 28-Jan 4-Feb 11-Feb 18-Feb 25-Feb 4-Mar 11-Mar 18-Mar 25-Mar 1-Apr 8-Apr 15-Apr 22-Apr 29-Apr 6-May 13-May 20-May 27-May 3-Jun 10-Jun 17-Jun 24-Jun 1 Jul 8-Jul 15-Jui 22-Jul 29-Jul 5-Aug 12-Aug 19-Aug 26-Aug 2-Sep 9-Sep 16-Sep 23-Sep 30-Sep 7-Oct 14-Oct 21-Oct 28-Oct 4-Nov 11-Nov 18-Nov 25-Nov 2-Dec 9-Dec 16-Dec 23-Dec 30-Dec 2007 Use Yi eek 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Start Date 6-Jan 13-Jan 20-Jan 27-Jan 3-Feb 10-Feb 17-Feb 24-Feb 3-Mar 10-Mar 17-Mar 24-Mar 31-Mar 7-Apr 14-Apr 21-Apr 28-Apr 5-May 12-May 19-May 26-May 2-Jun 9-Jun 16-Jun 23-Jun 30Jun 7-Jul 14-Jul 21 Jul 28Ju1 4Aug 11-Aug 18-Aug 25-Aug 1-Sep 8-Sep 15-Sep 22-Sep 29-Sep 6-Oct 13-Oct 20-Oct 27-Oct 3-Nov 10-Nov 17-Nov 24-Nov 1-Dec 8-Dec 15-Dec 22-Dec 29-Dec 2008 Use Y Week 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Start Date 5-Jan 12-Jan 19-Jan 26-Jan 2-Feb 9-Feb 16-Feb 23-Feb 1-Mar 8-Mar 15-Mar 22-Mar 29-Mar 5-Apr 12-Apr 19-Apr 26-Apr 3-May 10-May 17-May 24-May 31-May 7-Jun 14-Jun 21-Jun 28.1un 5-Jul 12-Jul 19-Jul 26-Jul 2-Aug 9-Aug 16-Aug 23-Aug 30-Aug 6-Sep 13-Sep 20-Sep 2T-Sep 4-Oct 11-Oct 18-Oc1 25-Oc1 1-Nov t3-Nov 15-No~ 22-Noy 29-No~ 6-Dec 13-oe~ 20-De. 27-Det St. Regfs Residence Club Use Calendar Jeek 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 -- 45 46 47 48 49 50 51 52 53 2009 Use Y Start Date 3-Jan 10-Jan 17-Jan 24-Jan 31-Jan 7-Feb 14-Feb 21-Feb 28-Feb 7-Mar 14-Mar 21-Mar 28-Mar 4-Apr 11-Apr 18-Apr 25-Apr 2-May 9-May 16-May 23-May 30-May 6-Jun 13-Jun 20-Jun 27-Jun 4-Jul 11-Jul 18-Jul 25-Jul 1-Aug 8-Aug 15-Aug 22-Aug 29-Aug 5Sep 12~Sep 19-Sep 26-Sep 3-Oct 10-Oct 17-Oct 24-Oct 31-Oct 7-Nov- 14-Nov 21-Nov 28-Nov 5-Dec 12-Dec 19-Dec 26-Dec 2010 Use Y :ek # Start Date 1 2-Jan 2 9-Jan 3 16-Jan 4 23-Jan 5 30-Jan 6 6-Feb 7 13-Feb 8 20-Feb 9 27-Feb 10 6-Mar 11 13-Mar 12 20-Mar 13 27-Mar 14 3-Apr 15 10-Apr 16 17-Apr 17 24-Apr 18 1-May 19 8-May 20 15-May 21 22-May 22 29-May 23 5-Jun 24 12-Jun 25 19-Jun 26 26-Jun 27 3-Jul 28 10-Jul 29 17-Jul 30 24-Jul 31 31-Jul 32 7-Aug 33 14-Aug 34 21-Aug 35 28-Aug 36 4-Sep 37 11-Sep 38 18-Sep 39 25-Sep 40 2-Oct 41 9-Oct 42 16-Oct 43 23-Oct 44 30-Oct 45 6-Nov 46 13-Nov 47 20-No~ 48 27-Noy 49 4-Dec 50 11-Dec 51 18-De~ 52 25-De~ 53 Week # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 2011 Use Year Start Date 1-Jan 8-Jan ' 15-Jan 22-Jan 29-Jan 5-Feb 12-Feb 19-Feb 26-Feb 5-Mar 12-Mar 19-Mar 26-Mar 2-Apr 9-Apr 16-Apr 23-Apr 30-Apr 7-May 14-May 21-May 28-May 4-Jun 11-Jun 18-Jun 25-Jun 2-Jul 9~lul 16-Jul 23-Jul 30-Jul 6-Aug 13-Aug 20-Aug 27-Aug 3-Sep 10-Sep 17-Sep 24-Sep 1-0ct 8-0ct 15-Oct 22-Oct 29-Oct 5-Nov 12-Nov 19-Nov 26-Nov 3-Dec 10-Dec 17-Dec 24-Dec 31-Dec .o~ St. Regis Residence Club Use Calendar ^ 2012 Use Y 2013 Use Y~ Week 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 46 47 48 49 50 51 52 53 Start Date 7-Jan 14-Jan 21-Jan 28-Jan 4-Feb 11-Feb 18-Feb 25-Feb 3-Mar 10-Mar 17-Mar 24-Mar 31-Mar 7-Apr 14-Apr 21-Apr 28-Apr 5-May 12-May 19-May 26-May 2-Jun 9-Jun 16-Jun 23-Jun 30-Jun 7-Jul 14-Jul 21-Jul 28-Jul 4-Aug 11-Aug 18-Aug 25-Aug 1-Sep 8-Sep 15-Sep 22-Sep 29-Sep 6-Oct 13-Oct 20-Oct 27-Od 3-Nov 10-Noy 17-Noy 24-Noy 1-Dec 8-Dec 15-Dei z2-oe~ 29-Dat 'eek # Start Date 1 5-Jan 2 12-Jan 3 19-Jan 4 26-Jan 5 2-Feb 6 9-Feb 7 16-Feb 8 23-Feb 9 2-Mar 10 9-Mar 11 16-Mar 12 23-Mar 13 30-Mar 14 6-Apr 15 13-Apr 16 20-Apr 17 27-Apr 18 4-May 19 11-May 20 18-May 21 25-May 22 1-Jun 23 8-Jun 24 15-Jun 25 22-Jun 26 29-Jun 27 6-Jul 28 13-Jul 29 20-Jul 30 27-Jul 31 3-Aug 32 10-Aug 33 17-Aug 34 24-Aug 35 31-Aug 36 7-Sep 37 14-Sep 38 21-Sep 39 28-Sep 40 5-Oct 41 12-Oct 42 19-Oct 43 26-Oct 44 2-Nov _ 45 9-Nov 46 16-Nov 47 23-Nov 48 30-Nov 49 7-Dec 50 14-Dec 51 21-De< 52 28-Dec 53 Week 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 __. ~.o~. St. Regis Residence Club Use Calendar 2014 Use Y 2015 Use Y 2016 Use Y Start Date 4-Jan 11-Jan 18-Jan 25-Jan 1-Feb 8-Feb 15-Feb 22-Feb 1-Mar 8-Mar 15-Mar 22-Mar 29-Mar 5-Apr 12-Apr 19-Apr 26-Apr 3-May 10-May 17-May 24-May 31-May 7-Jun 14-Jun 21-Jun 28-Jun 5-Jul 12-Jul 19-Jul 26-Jui 2-Aug 9-~9 16-Aug 23-Aug 30-Aug 6-Sep 13-Sep 20-Sep 27-Sep 4-Oct 11-Oct 18-Oct 25-Oct 1-Nov 8-Nov 15-Nov 22-Nov 29-Nov 6-Dec 13-Dec 20-Dec 27-Dec eek 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Start Oate 3-Jan 10-Jan 17-Jan 24-Jan 31-Jan 7-Feb 14-Feb 21-Feb 28-Feb 7-Mar 14-Mar 21-Mar 28-Mar 4-Apr 11-Apr 18-Apr 25-Apr 2-May 9-May 16-May 23-May 30-May 6-Jun 13-Jun 20-Jun 27-Jun 4-Jul 11-Jul 18-Jul 25-Jul 1-Aug 8-Aug 15-Aug 22-Aug 29-Aug 5-Sep 12-Sep 19-Sep 26-Sep 3-Oct 10-Oct 17-Oct 24-Oct 31-Oct 7-Nov 14-Nov 21-Nov 28-Nov 5-Dec 12-Dec 19-Dec 26-Dec eek # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Start Date 2-Jan 9-Jan 16-Jan 23-Jan 30-Jan 6-Feb 13-Feb 20-Feb 27-Feb 5-Mar 12-Mar 19-Mar 26-Mar 2-Apr 9-Apr 16-Apr 23-Apr 30-Apr 7-May 14-May 21-May 28-May 4-Jun 11-Jun 18-Jun 25-Jun 2-Jul 9-Jul 16-Jul 23-Jul 30-Jul 6-Aug 13-Aug 20-Aug 27-Aug 3Sep 10-Sep 17-Sep 24-Sep 1-Oct 8-Oct 15-Oct 22-0ct 29-Oct 5-Nov 12-Nov 19-Nov 26-Nov 3-Dec 10-Dec 17-Dec 24-Dec 31-Dec ~#~ ~ ;aaaa~~~a ;~~~~a~ R ~.R9:77741:tiR:A-««......l:4477!7!lRSAAARRARAA:AA7iA RFR 3 7.S_77-_7~SZ7+_!39lfi.ar_!!.!4448-!!'=S!.!!!!!!Sa4.. a ~•Ri:77377:SiR:A-«..e.«..!=447SS7!!R«AARRRFRAA:AA7iRMFA 7____4=='44444!3752!327!iTix!!32I77!.73!7!iiii!!ISI7 1Ri:7737i7iiR:A-««...~..!:441!!4!!RFAARRRGRRRFAAiRRPA } « 7~__««SSSp4_44_77477!='4===7~=!77!!77F!07!!7-!BSI a 1Ri:777Si79iR:A_««..e.-.'!=4774!C!lR~AAARRARAA:RRxARFR S ~~~~;~~~~~ ~~~~~~ _________„_..__«_"'_«44_4_44474444_4x4««7_4 444447444 ~.Ri:77iii:ii8apR_««..r.-..!:SSS!!La!A«AA6ARFAAAiAA7{AAGA I ~ 3~~~~~1~4~~~1~~~~~~~~~~$~1~~~~~~~$~#~~~~~~~#~~~~~~~~~~ ,A ~11i .7777i7f iB:A^«^..+«..4:447!scS!R:AAxRRGRA R.:AA7{ARAA 'K4 M%:-: a~~a~~a ~~~~~•. , ~ ~ ~ ~ ;,,E _, . . j~~~~~~~~~~~~~~~~~~~~~~F~~~~~~~~~~~~~~~~~~#~~~~~~~~~f lAi:77iii:iiR:R-«....~..!:4'_s4!74lA&AARMRCRRR:AA.S MBAR [ Y ~- ~ ~~~aq ~}~~qaaj DD~ 66j qj R +~qqt qqjAA' 44i t` ejej ~~i?~~32~~~i~~~~~~~~~i~~~~~~SiS~ZI~~N~~~~~~~~~~~~~i~~ ~Ri:7iiii7iiR:0^«w...«. .lF4434lClSRAAARRRARRRwRRRMRAR ! air ~r ~13 l~ ~.,: ,... .. 5 ^:~'.~ J;. g j ^y 4j`j ej 3 ~~+~P~A~~~~~~~~r~~~~~~~ 4j4 44ii aatt eeyy 33 44jj 4# ¢} ~~~~~~~l~~4~~~^i~~i~~~~~l~~~~F •A9:70iii7iiR:R-««...«..RL44!!!C!!R:AARRRARRR:AR7{RRAR ~ ~~~~~ ~;~~ qq gggg !! j~~4~~~~~~~~~~~33~~~~~# gg gg gg gg ggqq qqgg g ~~~1~~~~i~~~~3~~~~~d~if~~~i3~S •Ri:7771i7iiR:C^«w...«..lG477!!4!!RARRRMRARRRfi pRRRRRR ,f ',. i~~~~~~~~~~~~~~~~~~~f~# ~~~~~~~#~~3~~~~~~~~~~~i~#~~S~i~ RS:Tor:i7itR:YR- "•'•^''f t407slGRlR:RRRRRRRRR:RRRRRAR ~• ff }} f~4~~~~~~~~~~~~~~~~~~~ ++~~!!!!!! ~~~~~~~~~~~~~~~~~~i~ti~Z~~~~~~; •Ri:77iii7iiR:R-«^•+•«•'!:74!4!CleRGAARRRGRRR:ARRRRAR °~ St. Regis Residence Club -Aspen Premier Use Calendar 2005 Use Ye. 2006 Use Y 2007 Use YE Week 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Start Dat 1-Jan 8-Jan 15-Jan 22-Jan 29-Jan 5-Feb 12-Feb 19-Feb 26-Feb 5-Mar 12-Mar 19-Mar 26-Ma 2-Apr 9-Apr 16-Ap 23-Ap 30-Ap 7-May 14-Ma 21-Ma 28-Ma 4-Jun 11-Ju 18-Ju 25-Ju 2-Jul 9-Jul 16-Ju 23-J 30-J 6-Au 13-Au 20- 27- 3Se 10- 17-S 24-S 1- 8-O 15-0 22-0 29 5-N 12-N 19-N 26-N 3-D 10-D 17-D 24-D 31-D ek eek e I Start Date # Start Date I 7-Jan 1 6-Jan 14-Jan 2 13-Jan 3 21-Jan 3 20-Jan 1 28-Jan 4 27-Jan 5 4-Feb 5 3-Feb 3 11-Feb 6 10-Feb 7 18-Feb 7 17-Feb B 25-Feb 8 24-Feb 9 4-Mar 9 3-Mar 10 11-Mar 10 10-Mar I 1 18-Mar 11 17-Mar 12 25-Mar 12 24-Mar Ig 1_Apr 13 31-Mar 14 8-Apr 14 7-Apr 15 15-Apr 15 14-Apr i6 22-Apr 16 21-Apr 17 29-Apr 17 28-Apr 18 6-May 18 5-May 19 13-May 19 12-May y 20 20-May 20 19-May y 21 27-May 21 26-May y 22 3-Jun 22 2-Jun 23 10-Jun 23 9-Jun 24 17-Jun 24 16-Jun n 25 24-Jun 25 23-Jun n 26 1~Ju1 26 30Jun 27 8-Jul 27 7-Jul 28 15-Jul 28 14-JuI I 29 22-Jul 29 21-Jul l 30 29-JuI 30 28-Jul l 31 5-Aug 31 4-Aug 32 12-Aug 32 11-Aug g 33 19-Aug 33 18-Aug g 34 26-Aug 34 25-Aug g 35 2Sep 35 1 Sep p 36 9-Sep ~ 8~p p 37 16-Sep 37 15Sep p 38 23-Sep 38 22-Sep p 39 30Sep 39 29-Sep 40 7-Oct '~ 6-Oct ~ 41 14-Ocl 41 13-Oct ~ 42 21-0c1 42 20-Oc1 ct 43 28-C+c1 43 27-Oc1 ct 44 4-Nov 44 3-Nov v -45 11-Noy 45 _ 10-NQ1 ov 46 18-~10~ 46 17-Noy ov 47 25-No~ 47 24-Noy ov 48 2-Dec 48 1-Dec ~ 49 9-Dec 49 8-Dec ec 50 16-De~ 50 15-De~ ~ 51 23-Deg 51 22-Deg ec 52 30-Deg 52 29-Da ~ r~ 53 r r r r n u u g Au Au Se e e O~ -O o ~~ ~.,., ,~. 2008 Use Y Week # Start Date 1 5-Jan 2 12-Jan 3 19-Jan 4 26-Jan 5 2-Feb 6 9-Feb 7 16-Feb 8 23-Feb 9 1-Mar 10 8-Mar 11 15-Mar 12 22-Mar 13 29-Mar 14 5-Apr 15 12-Apr 16 19-Apr 17 26-Apr 18 3-May 19 10-May 20 17-May 21 24-May 22 31-May 23 7-Jun 24 14-Jun 25 21-Jun 26 28.1un 27 5-Jul 28 12-Jul 29 19-Jul 30 26-Jul 31 2-Aug 32 9-Aug 33 16-Aug 34 23-Aug 35 30-Au8 36 6-Sep 37 13-Sep 38 20.Sep 39 27-Sep 40 4-Oct 41 11-Oc1 42 18-Ocl 43 25-Oc~ 44 1-Nov 45 8-Nov 46 15-No~ 47 22-No~ 48 29-No' 49 6-Dec 50 13-Da 51 20.De 52 27-De 53 St. Regis Residence Club Use Calendar 2009 Use Y eek # Start Date 1 3-Jan 2 10-Jan 3 17-Jan 4 24-Jan 5 31-Jan 6 7-Feb 7 14-Feb 8 21-Feb 9 28-Feb 10 7-Mar 11 14-Mar 12 21-Mar 13 28-Mar 14 4-Apr 15 11-Apr 16 18-Apr 17 25-Apr 18 2-May 19 9-May 20 16-May 21 23-May 22 30-May 23 6-Jun 24 13-Jun 25 20.Jun 26 27-Jun 27 4Jul 28 11-Jul 29 18-Jul 30 25-Jul 31 1-Aug 32 8-Aug 33 15-Aug 34 22-Aug 35 29-Aug 36 5Sep 37 12-Sep 38 19-Sep 39 26-Sep 40 3-Oct 41 10-0c~ 42 17-0c 43 24-0c 44 31-Oc - 45 7-Nov 46 14-No~ 47 21-No~ 48 28-No' 49 5-Dec 50 12-De 51 19-De 52 26-De 53 2010 Use Y :k # Start Date 2-Jan 9-Jan { 16-Jan { 23-Jan i 30-Jan i 6-Feb I 13-Feb 3 20-Feb 3 27-Feb 0 6-Mar 1 13-Mar 2 20-Mar 3 27-Mar I4 3-Apr 15 10-Apr 16 17-Apr 17 24-Apr 18 1-May 19 8-May 20 15-May 21 22-May 22 29-May 23 5-Jun 24 12-Jun 25 19-Jun 26 26-Jun 27 3-Jul 28 10-Jul 29 17-Jul 30 24-Jul 31 31-Jul 32 7-Aug 33 14-Aug 34 21-Aug 35 28-Aug 36 4-Sep 3T 11-Sep 38 18-Sep 39 25-Sep 40 2-Oct 41 9-Oct 42 16-Ocl 43 23-0cI 44 30-Oc~ 45 6-Nov 46 13-Noy 47 20.No~ 48 27-No' 49 4-Dec 50 11-De 51 18-De 52 25-De 53 ,: 2011 Use Y Week 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45- 46 47 48 49 50 51 52 53 Start Date 1-Jan 8-Jan 15-Jan 22-Jan 29-Jan 5-Feb 12-Feb 19-Feb 26-Feb 5-Mar 12-Mar 19-Mar 26-Mar 2-Apr 9-Apr 16-Apr 23-Apr 30-Apr 7-May 14-May 21-May 28-May 4-Jun 11-Jun 16-Jun 25-Jun 2-Jul 9-Jul 16-Jul 23-Jul 30-Jul 6-Aug 13-Aug 20-Aug 27-Aug 3-Sep 10-Sep 17-Sep 24-Sep 1-Oct 8-Oct 15-Oct 22-Oct 29-Oct 5-Nov 12-Noy 19-Nrn 26-No~ 3-Dec 10-Deg 17-Det 24-Det 31-Deg St. Regis Residence Ciub Use Calendar 2012 Use y :ek ~ Start Date 1 7-Jan 2 14-Jan 3 21-Jan 4 28-Jan 5 4-Feb 6 11-Feb 7 18-Feb 8 25-Feb 9 3-Mar 10 10-Mar 11 17-Mar 12 24-Mar 13 31-Mar 14 7-Apr 15 14-Apr 16 21-Apr 17 28-Apr 18 5-May 19 12-May 20 19-May 21 26-May 22 2-Jun 23 9-Jun 24 16-Jun 25 23-Jun 26 30-Jun 27 7-Jul 28 14-Jul 29 21-Jul 30 28-Jul 31 4-Aug 32 11-Aug 33 18-Aug 34 25-Aug 35 1-Sep 36 8-Sep 37 15SeF 38 22-SeK 39 29-Sei 40 6-Oct 41 13-Oc 42 20-Oc 43 27-Oc 44 3-Nov 45 10-No~ 46 17-No' 47 24-No 48 1-Dec 49 8-Dec 50 15-De 51 22-De 52 29-De 53 2013 Use Y~ ek # Start Date 1 5-Jan 2 12-Jan 3 19-Jan 4 26-Jan 5 2-Feb 6 9-Feb 7 16-Feb 8 23-Feb g 2-Mar 10 9-Mar 11 16-Mar 12 23-Mar 13 30-Mar 14 6-Apr 15 13-Apr 16 20-Apr 17 27-Apr 18 4-May 19 11-May 20 18-May 21 25-May 22 1-Jun 23 8-Jun 24 15-Jun 25 22-Jun 26 29-Jun 27 6-Jul 28 13-Jul 29 20-Jul 30 27-Jul 31 3-Aug 32 10-Aug 33 17-Aug 34 24-Aug 35 31-Aug 36 7-Sep 37 14-Sep 38 21-Sep 39 28-Sep 40 5-Oct 41 12-Oc1 42 19-Oc1 43 26-Oc1 44 2-Nov 45 9-Mov 46 16-Noy 47 23-Noy 48 30-No~ 49 7-Dec 50 14-De 51 21-De 52 28-De 53 Week 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 ~,.~,, St. Regis Residence Club Use Calendar 2014 Use Year ~ 2015 Use Y 2016 Use Y Start Date 4-Jan 11-Jan 18-Jan 25-Jan 1-Feb 8-Feb 15-Feb 22-Feb 1-Mar 8-Mar 15-Mar 22-Mar 29-Mar 5-Apr 12-Apr 19-Apr 26-Apr 3-May 10-May 17-May 24-May 31-May 7-Jun 14-Jun 21-Jun 28-Jun 5-Jul 12-Jul 19-Jul 26-Jul 2-Aug 9-~9 16-Aug 23-Aug 30-Aug 6-Sep 13-Sep 20-Sep 27-Sep 4-Oct 11-Oct 18-Oct 25-0ct 1-Nov B-Nov 15-Nov 22-Nov 29-Nov 6-Dec 13-Dec 20-Dec 27-Dec Week 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 _ 45 46 47 48 49 50 51 52 53 Start Date 3-Jan 10-Jan 17-Jan 24-Jan 31-Jan 7-Feb 14-Feb 21-Feb 28-Feb 7-Mar 14-Mar 21-Mar 28-Mar 4-Apr 11-Apr 18-Apr 25-Apr 2-May 9-May 16-May 23-May 30-May 6-Jun 13-Jun 20-Jun 27-Jun 4-Jul 11-Jul 18-Jul 25-Jul 1-Aug 8-Aug 15-Aug 22-Aug 29-Aug 5-Sep 12-Sep 19-Sep 26~ep 3-Oct 10-Oct 17-Oct 24-Ocf 31-Oct 7-Nov 14-No~ 21-Noy 28-Noy 5-Dec 12-Dec 19-Dec 26-Dec :ek # Start Date 1 2-Jan 2 9-Jan 3 16-Jan 4 23-Jan 5 30-Jan 6 6-Feb 7 13-Feb 8 20-Feb 9 27-Feb 10 5-Mar 11 12-Mar 12 19-Mar 13 26-Mar 14 2-Apr 15 9-Apr 16 16-Apr 17 23-Apr 18 30-Apr 19 7-May 20 14-May 21 21-May 22 28-May 23 4-Jun 24 11-Jun 25 18-Jun 26 25-Jun 27 2-Jul 28 9-Jul 29 16-Jul 30 23-Jul 31 30-Jul 32 6-Aug 33 13-Aug 34 20-Aug 35 27-Aug 36 3-Sep 37 10-Sep 38 17-Sep 39 24-Sep 40 1-Oct 41 8-Oct 42 15-Oct 43 22-Oct 44 29-Oct 45 5-Nov 46 12-Nor 47 19-No~ 48 26-No~ 49 3-Dec 50 10-Dec 51 17-Dec 52 24-Dec 53 31-Dei ,~ a V ~ ~ a mw m v m a E a eon~w~`~mmo NM~I~~~N„~~ PIMh 01~N~ b,00 N tYl ~1~m~N A~~ Vn~m~N,a mmo NN1 ~If) ~~`N NI Q ~ eoaFa~Na~mo NIYI ~u~m~N,., SIX ~~.~oe r?~~~s~~~fh~~ Y 3 Y a E' 3~ a • 3 E ~ E `o ~ c N O O m~_ A M L ~ '~ C W g~ >„ A Y Yl L a __ ~ o ; U W m T C a a 3 N r 'm $ m m r N r 7 C $ O V 9 N m C ~ ~ O C • > m t ~ O w C a ~ v c o m ~ e r u n A x ~ ° 3 a m m o c 5 0 ° ° ~ ~ i ~ ~ n ~ o c ~ « ~ a m ~ 3 'Q ~ ~~ ~« =° ~ °- a$ E~ a£ a 7 O Tn m r a • ~~; '~ $ o a ~ 3 ~ ~ __ y V V ~ o ~~ v 3 °~'S`° °~ O C Y O ~. ~°~3 ~~ ~~~g~; ~~ ~~~~~o t~ ~~~q~~ ~~ ~y~C~ O~ • T ~~~ ~ ~;a ~°o 3 b ~ g~~v ~ ~~ ~a~~~g~ ~ ~3~E~ ~~ ~~~ ~m ~~ _~ Bad ~„ ~~ ~~x~~~ 8~~~ ~ as M~ € M ~~~ a3 ~e w ~ o > ; ~° ~~ 3~ ~~ ~ ~~ ~8 °'~~~U ~~~~~ Np -~ ~i .. 1 .i w O a 7 V m a E a m N ~ U '~ ~ u m y x= • W ~ m q n. _ _ ~:, .._ ;,„~;,c~.~ms N 1'l ~1~~~ N~~~ n'6~e~.'-ammo N(Yj ~1~l ~.~Nh ~.'~. .nn~m~N,e maoo N t+fON ~e-N~~~ M ~M1~~'NY~00 N PI ~Y`L .'~.~NN~n ~,naa~~.^.mss R?~~~7irtl.~/Vp~~ Y• Y a • 3 („~ a U ~ ~ N d = p F C qp^ ~ A ~ ~. ^ ~ w o~~ _Y ~} mss ~3 ~~¢: ~~ d ~U ~g€ ~m . `o ~ ~; n a b w p N w m a °~~ ~ ac ~ e `m ~ c w ~ $ x a ~ a u u p` m m wm ~o.°m ~u ~` iE° o '~ o EEk m« d C c E ~ '~C v 9c o a'~ E o~o Sv ~ a y p w ~ " E u o t ~ ~ ~ C .. ~ ; i ~ • e ~ ~ ~ ~ m ~ ~~a'$ a~~ ~ a g~~~~a$$ .s$ ~~ `-'>> 3 ?~~~44«~~~ ~E 8 - _ g v ~ie#~~3~c `a ~ 5~~~~ ~ ~ S~ ~~-' N c -p~ E ~8~~~ s ~;~ ~ ~~ ~9 ~B$~~~a~ as-kk a ~ c t7t~3 ~t~~ `~ C ~~V~~ ~~ V ~~ ~« C g$ ..~ ~~~~~~ ~ ~I 06/20000 0:46A SILVIR DRVIS PITKIN COUNTY CO R 26.00 ORDINANCE N0. 25 (SERIES OF 2003) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT, GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS, TIMESHARE, AND SUBDIVISION FOR THE ST. REGIS HOTEL, CITY OF ASPEN, PITKIN COUNTY,COLORADO. Parcel ID: 2 73 7-1828-5001 WHEREAS, the Community Development Department received an application from the SLT Aspen Dean Street, LLC (Applicant), requesting a PUD Amendment, Growth Management Quota System Exemptions, Timeshare, and Subdivision to convert 98 of the existing 257 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; to convert the existing spa facility on the Second Level of Building B to the relocated hotel offices; and to modify the 22 approved, but un-built hotel rooms in Building C into 20 hotel rooms; and, WHEREAS, the 24 timeshare lodge units are proposed to be sold in a minimum of 1/11`h fractional interests; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Waste District, City Engineering, Building, Fire, Streets, Parks, .Housing, Environmental Health, and Water Departments as a result of the Development Review Committee meeting; and, WHEREAS, the applicant has chosen to consolidate all of the land use approvals, in accordance with Section 26.304.060, so that City Council will be the final reviewing body on all land use requests; and, WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Department recommended approval, with conditions, for the proposed land use requests for the St. Regis Hotel; and, WHEREAS, at its meeting on March 5, 2003, the City of Aspen / Pitkin County Housing Authority forwarded a recommendation of approval to City Council at its meeting to approve the proposed employee mitigation through an audit program; and, WHEREAS, the Planning and Zoning Commission forwarded a recommendation of approval via Resolution No. 10, Series of 2003, by a vote of three to two (3 - 2), to City Council to approve a PUD Amendment, Growth Management Quota System Exemptions, Timeshare, and Subdivision; and, ~:§ - X449 5 II~1 06825/2003 0:46A SILVIA DAVIS PITKIN COUNTY CO R 26.00 D 0.00 WHEREAS, the City of Aspen City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and WHEREAS, the City of Aspen City Council reviewed and considered the development proposal at a regular City Council meeting on June. 9, 2003 and, by a vote of five to zero (5 - 0), approved this Ordinance (on Second Reading) for a PUD Amendment, GMQS Exemptions, Timeshare, and Subdivision; and WHEREAS, the City of Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE ASPEN CITY COUNCIL THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Aspen City Council approves the PUD Amendment, GMQS Exemptions, Timeshare, and Subdivision, subject to the following conditions: 1. The building permit application shall include: a. A copy of the final Ordinance. b. The conditions of approval printed on the cover page of the building permit set. c. A traffic management plan that addresses issues such as construction worker parking and hauling routes. 2. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the Community Development Director stating thatthe conditions of approval have been read and understood. b. All tap fees, impacts fees, and building permit fees shall be paid. c. A complete set of sprinkler and alarm plans shall be submitted to the Aspen Fire Marshal in order to determine if the fire sprinkler system and alarm system is adequate. d. The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed. All sanitation-related improvements below grade shall require the use of a pumping station. The conversion from lodge units may result in additional tap fees due to the additional kitchens and other sources of wastewater. e. The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Based on the sprinkler requirements of the Fire 484 '` ~ Page : ~'of 5 06/25/2003 10:46A SILVIA DAMS PITKIN COUNTY CO R 26.00 D 0.00 Department, a new and larger water tap may be needed. An additional tap fee maybe assessed'due to the change in use. f. The applicant shall consult the Colorado Revised Statutes (CRS) to determine the required number of type A and type B units as it pertains to food beverage service areas. American With Disabilities Act (ADA) Accessibility shall be provided to all timeshare units and to the juice bar and spa. A Temporary Certificate of Occupancy (TCO) may be issued subject to safety and Fire Department concerns being addressed to the satisfaction of the Fire Marshal and the Aspen Building Department. g. The applicant shall be subject to the soon to be adopted International Fire Code if adopted at time of building permit. 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. h. At the time of building permit, Environmental Health .shall review the plans for the juice bar set-up and operations. 3. Per the Aspen Pitkin County Housing Authority Board approval of the application on March 5, 2003, the applicant shall conduct an audit, based on the standards 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), after one full fiscal year from the date of issuance of the certificate of occupancy for the proposed new spa facility, hotel rooms, timeshare units, and residence under the following terms: a. The Housing Office Operations Manager shall select and retain the auditor. b. The applicant shall be fully responsible for all fees associated with retaining an auditor. c. The audit shall occur after one full fiscal year of operation. 4. Should the housing audit show an increase in the number of employees over those _ mitigated for in the original PUD approval (331 employees, or 60% of 331 which equals 198.5 employees), the applicant shall return to the Housing Authority under the following terms: a. The applicant shall provide deed restricted, affordable housing for 60% of any additional employees of the new facilities. b. The applicant shall abide by the Aspen/Pitkin County Affordable Housing Guidelines in effect at the time of the audit. c. The term employee shall include all payroll and non-payroll employees generated by the application. ;..,~ ' 4~ ~ 48 `. 06/25/2003 50:46A SILVIA DAVIS PITKIN COUNTY CO R 26.00 D 0.00 5. Final Condominium Declarations shall be submitted to the City concurrent with the submission of the Condominium Subdivision Plat and shall include the following language regarding timeshare: a. Timeshare estates shall be made available for short-term rental when the estate is not in use by the owner of the unit, the owner's guests, or persons. occupying the unit under an exchange program. Units that are available for rental shall be listed at competitive rates in a central reservation system. b. The covenants of the homeowners association shall permit walk-in rental of units. The association shall not limit rental of units to such arrangements as only weekly rentals or Saturday-to-Saturday rentals; instead the association shall permit shorter stays, split-week rentals, and similar flexible arrangements. c. Owners of timeshare estates shall be required to reserve their unit/time sufficiently far enough in advance to enable the public to obtain access to those units that are not so reserved. The term "sufficiently" shall be specifically defined, in terms of minimum number of days notice required. d. The owner of a timeshare estate shall not be permitted to occupy that estate for any period in excess of thirty (30) consecutive calendar days. e. The owner of a timeshare estate shall be prohibited from storing a vehicle in a parking, space on-site when that owner is not using the estate. 6. The timeshare lodge units that remain in the developer's inventory. shall be made available for rental to the public while the estates are being sold, except for models and other units that are needed for marketing or promotional purposes. 7. The Applicant shall pay the City of Aspen school land dedication fees for the additional residential unit. These fees shall be due and payable at the time of issuance of a building permit for the development. 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. 11: The applicant shall pay a tax impact mitigation fee of $449,552 to the City of Aspen. The fee may be paid in quarterly installments, but the total amount shall be paid within twelve (12) months of the issuance of a building permit for the timeshare units: Section 2: , X4489 ' - ~, Page : 5 of 5 06/25/2003 10:46A SILVIA DAMS PITKIN' COUNTY CO R 26 .00 D 0.00 All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Ordinance shall not effect 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 amended. as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4• If any section, subsection, sentence, clause, phrase, or portion of this Ordinance 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. Section 5: A public hearing on this ordinances will be held the 27th day of May 2003 at 5:00 p.m. in the City Council Chambers, 130.5. Galena, Aspen, Colorado. INTRQDUCED, READ AND ORDERED PUBLISHED as provided by law, by the City ,,,. ,,,.~~o~ci~~~e City of Aspen on this 12thh day of May, 2003. 1 ' F~~ ~ r~ Clerk ~,~ 0 F ~1 Jam'''-, •~' F '; .~` C,~ ~ y ., ;' ~, R AS TO FORM: Mayor ~~~~ orcestor, City Attorney FINALLY, ADOPTED, PASSED, AND APPROVED this 9h day June, 2003. M u 7 u i h ~r .N R C k F n o a q L a ~i ~ r aa0 y v, d W v ' W x r o ~ Z P4 F ~ L, aq ~ w fi •- N O~ O 00 ~n •.• O~ S~~ h~ :. N: S h 00 00 7 00 h ~. 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W Fi . 3 ~ °' ~ ~A ~ o .~3~'~ ~~: :.:~ 0•x.4 '~3~'~ ~~:. ~ 'o g ~ : o:. ' ' o ~ °~ o A x ~ ~ ~"' ;,j y•. :•¢ c ~ ~: ~ „ o ~ •: y ~ ~ aa G1 x ~ ~ E' .a ~ ~ ' ' ~ ~:: y u ~ ~ ¢ ••ggo ~go x o o rn' W~ °' U U : ; : Q v~ ''~ ~ :. W ~ e c .~,~ E~ ~~ u `~ o o x c c y: U U : O ~ a : a•: '3 • a ~.: ; '~ •: Z p e c ~ ' c c c a o C C y'' w 0 0 C .C .P. ~ •• ; ~ ~ >... •p '^ ~:. v d . i C a c c c o Z• v p p G C .C .C ~ ~ c. ' QQ h c O y~ v d E • " ' ' " ' Q" aaaaaUUUVOawx~ ~a wa :• ao, a ax . aaaa avUUU ~ a.• a. .~ as 7 ' N ~g N O d ~ E C ~s >~ e~ a~ to T ~ _ N t~ N L as MAR. 30. 2004 9;50AM KAUFMAN PETERSON DISHLER .CITY OF ASPEN OWNER RENTAL t-~-NGAUGE Robin Suarez March 18, 2004 N0. 4931 P. 2/2 Owners of Club Interests must notify the Sl~-b-AAa+~a~Manaaina Aoent no later than 30 days prior to their occupancy date if they or anv Occupant oermttted by theg~do not plan to occupy a Club Unit durin~a their reserved Club Week(s). Upon such notification, the 61~e~ twill make a reasonable effort to rent #f~e Club Week(s) to the general public pursuant to the s~~lar~ terms and conditions of the _rental nnntrant a,...onto.~ h„ ~~e MAR, 30. 2004 9.50AM KAUFMAN PETERSON DISHLER N0. 4931 P. 1/2 GIDtiON 1. KAUFMON~ I.Aw OFFICES of OROOKH A.'E7fRSON PATRICK D CA~LIS'TGR KAUFMAN, PETERSON & DIS OF COUNSEL HLER, P.C. TELEPHONE (970)95-168 • xso ~mep w y~gruwp 31 d BAST HYMAN AVENUE, SUITE 305 FACSIIAILE "~0 "°w^ED "' T~s ASpf'_N, COLORADO 81611 (970) 92~t09o ~~ CO''V'ER SHEET Date: Mareh 30, 2004 From: Gideon Kaufman To : Scott Woodford Re: St. Regis F?i8 N[TI~IDHR: 9205439 DOCLTMRNT NU1~ER TITLE Owner Rental Language (not including cover sheet) N4. OF BAGS 1 N_FIDENTIALITY NOVICE This fa~lmlle transmission (and/or the documents acaompanylrlg h) may Oontain oonfideMlal Information belonging to the sender which ie protected by the attornoy/cilont prlvlioga. Tha information is intended onty for the use of tho individual or entity named above. K yeu aro not tpo intended recipient, you are hereby notified Chet eny disclosure, copying, distribution, or the taking of any salon In rellanoe on the aollteltts of this lrlfonnetlon le strictly prohibited. h you have received tnia transmission In error, please immediately notify us by telephone to arrange for return of the documents. Thank you, NOTE: I~' ALZ PAGES AR8 NO'P R$CEIVED, PLEASE CALL OIIR OFFICE AS SOON AS POSSIBLE TO INDICATE 1PHIt'g PAGES ARE MISSING. 2003 A~'YiENL~MENTS TO THE FIRST 1-~~ il.r~`JL`l~L ;~1~~ I1.E5~,~~ CDT- ) S~ ~.~ PLANNED UNIT i?EV~LC~F~yI~:~l`I~S'~~L)I~.I~~C~~? A,~~t`~l~N~ ASPEN MOU"NT_?~I~ ~i,iiuDl~'-i,~s:£~'!~`el /5 Sfi ~. ~., u~~ :~~~ 6~ WHEREAS, on October 3,1988, the City of Aspen,. Colorado; e~ municipal cor and home rule City (the "City"}, and Savanah Limited Partnership, a District e ' ~~J ~~'' Columbia Limited Partnership (the "Predecessor Owner'") entered into the Fig . Amended A:nd Restated Planned Linit i7evelapment/Subdivision AgrNerrcent, Ashen Mourtrain Sub~livfsion (the "Agreement") which was recorded in Book 574 at Page 792, et seq. of the records of the Pitkin County CIerk and Recorder. WHEREAS, the Agreement includes requirements regarding Permits and Project Construction Schedules (Section A), Site Improvements (Subsection B.1), Landscaping Improvements (Subsection B.2), Financial Assurances (Subsection B.3), Employee Housing (Subsection B.4), On-site Parking (Subsection B.6j, Additional C3wner Representations (Section H), Periodic Project Reviews (Section I), Permanent Care aid Maintenance of Landscaping (Sectionj), Use and Maintenance of Open.-Space and i;%i~er Comrnon Facilities (Section K), Reconstruction of Demolished Units (Section L), Non- compliance al~d Request for Amendments or Extensions by Owner (Section M), Panic L7edication Fees (Section N) and General Provisions {Section O) which apply tG Lot 1 c;~ the Aspen Mountain Subdivision and Planned Unit Development {"Lot 1n). :T11e Parties hereto acknowledge that all of the requirements of the Agreement appl~J~ing to Lot 1 v~~~re previously satisfied as a condition of the issuance of t<~Ce Certificate of Occupancy I'Oa prior Ct1liStrut:YtJi! o7i. Lac 1, eXC~I'C f~,r tiiC,se %C3nC~1t'iCn 8 y~'h;~2' rem ~~s~s ~~ ;~rl-~?~ ~~t3 obligation in the operation of the hotel. WHEREAS, Section M of the Agreement provides in part that the Predecessor Owner or its successors or assigns may, on its own initiative, petition the City Council for an amendment to the Agreement and that the ~,ity Counci! may grant such amendment`s }o the Agreement as it may deem appropriate under th+e circuxnstan.ces. R ~ ~ ~ i ~ I - ' ~ ~ ` 4'.x3607 1 I (I I l~ Page : 1 of 6 I i ~ IR I II I N i l 20~' 2004 08 : 55A i I i SP_VIA DAVIS PITKIN GGuNTV CG R 31.00 D 0.00 ~~~. w, WHEREAS, on January 28, 2003, SL'T Aspen Dean Street, L. L. C., an affiliate of Stanwood Hotels and Resorts, Worldwide (the "Owner"} submitted aland-use application for Planned Unit Development (PUD) Amendment, Gr. owth Management Quota System (GMQS) Exemptions, Timeshare and Subdivision ('the "2003 Amendments")for the St. Regis Hotel, City of Aspen, Pitkin County, Colorado. Specifically, the 2003 Amendments requested approval (1} to convert ninety-eight (98} existing lodge units in Building B to twenty four (24) two- and three-bedroom timeshare units and one'(1} .residential unit, (2) to convert approximately 1b,000 square feet of existing meeting room and pre-function space on the ballroom level to expanded spa facilities, (3} to relocate existing hotel administrative offices from the ballroom level to the second level of Building B and (4) to convert 22 approved but un-btult lodge rooms and suites in Building C to 20-lodge rooms and suites. COn June 9, 2003, 'the City Council of the City of Aspen approved the 2003 Amendments, subject to the terms and conditions of Aspen City Council Ordinance Number 25, Series of 2003. NOW, THEREFORE BE TI' RESOLVED, that as a result of the approval of the 2003 Amend~nen#s by the Aspen City Council, the following changes to the language of the Agreement have been approved: I. The first sentence of Section B., Hotel Phase I, shall be amended to read as follows. "The Hotel Phase I component shall be comprised of not more than 194 hotel units with not more than 196 hotel bedrooms, 24 two- and three-bedroom timeshare units ar.d one residential unit as shown on the 2003 PU.D Amendment Plans for Lat 1, Aspen Mountain Subdivision and I'tanned Unit Development recorded in Plat Book at Page ~ et seq., of the Records, each of the drawings and sheets pertaining to which is incorporated by reference as though fully annexed as an exhibit to these 2003 Amendments." II. A new Subsection B.4(h), Audit Required fnr 2003 Amendments, shall be added which reads as follows: ~~ 1~ ~~ ~ ~ ~~ ~ ~ ~ Fage'. 2 of 6 I ~`` ~I I ~ ~~ I~ I ~ Iii'; I{ I~ i ~ ~ ©; /20/2004 08 ~55A SI_VIR DRVIS'PITKiN COUNTY CO R 31.00 D 0.00 2 IIIIII~IIIIII IIII Illli III Ill~li 4"~3~~7 Page: 3 of 6 01/20/2004 08:55A R 31.0@ D 0.00 "(h) Audit Required for 2003 Amendments: As a result of the audit previously performed for Hotel Phase I in satisfaction of the requirements of Section B.4 (g) of the Agreement, it was determined that sixty percent (b0%) of the actual number of FTEE's for Hotel Phase i did not exceed a total of 198.5 FTEE's. Therefore, Predecessor Owner was not required to provide additional employee housing in response to the outcome of the previous audit. Owner and City agree that there shall be a second audit performed for Hotel Phase I after one full #iscat year after the date of issuance of-the last-certificate of occupancy issued for the new spa facility, the hotel rooms, the timeshare units and/or the residence approved under the 2003 Ari~endments (the "Second Audit") to determine the actual number of FTEE's then working in Hotel Phase I. For the purposes of the Second Audit, the audit shall be performed and FTEEs shall be defined according to the Housing Authority guidelines as described in Exhibit G to the Agreement. The term "employee" shall include all payroll and non-payroll employees generated by the new spa facility and the new hotel rcioms, timeshare units and residence. In the event that the Second Audit determines that Hotel Phase I has a total FTEE count higher than 331, the Owner shall provide employee housing for sixty percent (b0%) of the number in excess of 331 FTEE's. Any such additional employee housing which is required to be provided may be provided off-site, shall be subject to the Aspen/Pitkin County Affordable Housing Guidelines in effect at the time of the Second Audit and shall be deed restricted based on the ratios of at least fifty-six percent (56%) Category 2 units and no more than forty- fourpercent X44%) Category 3 units. The Owner shall seek and obtain final approval of any plans for the production for any such housing required within twelve (12) months of the published results of such audit and shalt seek and obtain a Certificate of Occupancy for any such housing within twenty-four (24) months of the published results of such audit. 'The cost of the audit shall be paid for by the Owner, but the Housing Office Operations Manager shall select and retain an independent and qualified auditor to perform the Second Audit." ~ ~, ~ ,~~ ~ I 4~~~~~~ ' ! ( ' ~ ~ I Page 4 of 6 SI_VIR DRVIS PITKIN GOiJNT~ CO I h I R 31.00 1/Z p20 0 08-55A 0 IlI. A new Subsection H.20, shall be added to Section H,, ADDITIONAL OWNER REPRESENTATIONS, which reads as follows: "Following receipt of a Certificate of Occupancy for all improvements to Hotel Phase I as approved under Aspen City ~ouncii Ordinance Number 25, Series of 2003, Owner commits to keep Hotel Phase I open for business and operating on ayear-round basis thereafter, provided, however, that the- Owner shall have the option of dosing Hotel Phase I for one two-week period annually during either the sprig or fail off-season for the sole purpose of performing maintenance and repairs." 1V. Section O, General Provisions, is amended to change the name of the Owner and Owner's representative designated to receive- notices to be given under the Agreement to: ,. "Owner: 5LT Aspen Dean Street, L. L. C., c/ o General Manager, St. Regis, Aspen 315 East Dean Street Aspen, Colorado 81611 With a copy to: Gideon Kaufman Kaufman, Peterson and Dishier, P. C. 315 East Hyman Avenue Aspen, Colorado 81611" All other provisions of the Agreement applicable to Lot 1, to the extent that said provisions have: not previously been satisfied, as evidenced by the issuance of a Certificate of Occupancy for Hotel Phase I or any subsequent amendments approved by the Aspen Ci#y Gouncii, shall remain in foil force acrd effect. 4 ~, ~.,. IN WITNESS WHEREOF, the parties haE~e her1~3.~r.to ~~et their hands anti seals the day. and year first above written. CITY: THE CTI'Y OF ASPEN, COLORADO a municpai co r ...~~ sy: Helen Kalin an erud, yor nor; J Kathryn K City Clerk APPROVED AS TO FORM: ohn Worcester ~ '~ ~ City Attorney STATE OF COLORADO ) } ss: COUNTY OF PTTIQN } SI'_VIA DRViS PITKITJ CCUNTY CO i I' ' 4!~3~Q7 l0 ~ II ~ { ~ Page: 5 of 6 ,,I f `, 1 411; 20/2004 @8:55A R 31.00 D 0.00 The foregoing instrument was acknowledged before me thishday of 20(~, by Helen Kalin Klanderctd as Mayor and Kathryn Koch as C°it~T c,.lerk a e City o~ Aspen, State of Colorado Witness my hand and official seal. My oDmmi~Gcfn expires: - A?~ otary Public 5 OWNER: STATE OF `~,~ " ~ ) j ss: couNTY of ~ ~ ~_ > SLT Aspen Dean Street, L. L. C., a Delaware limited liability company ~~~~~ ice/ Ey , Andrew Katz, Senior Vice President of Asset Management The foregoing instrument was acknowledged before me this ~ day of T,,~,;~_, 2003 by Andrew Katz as Senior vice President of Asset Management, SLT Aspen Dean Street, L. L. C., a Delaware limited liability company. Witness my hand and official seal. ~ My commission expires: 1 /7 - lJ S i~ ~ ~, ~ ~~ ~~ SI_VIA DRVIS °ITK:itJ COUNT" i;0 R 31. Notary Public ,~ ; , Oy ~ D ~~'~ a,~ ° ~ _ ~~ ~ ,'!~!r!rl11 ti1151~~,,4 4',~3fi07 Page: 6 of 6 01/20/2004 08~55A 00 D 0.00 h _ __ Vlld MEMORANDUM TO: Mayor Klanderud and City Council THRU: Julie Ann Woods, Community Development Director FROM: Scott Woodford, City Plann~l RE: ST. REGIS HOTEL: (2ND READING, PUBLIC HEARING: PLANNED UNIT DEVELOPMENT AMENDMENTS G~Q S EXEMPTIONS, SUBDIVISION, AND TIMESHARE; ORDINANCE NO. ~7 ,SERIES OF 2003; DATE: June 9, 2003 The entrance to the St. Regis Hotel and Building A off of South Mill Street. Building B is located up South Mill Street toward the ski mountain and Building C is located across Dean Avenue from Building A and is connected via a bridged walkway (see the site plan on the following page for how each structure sits on the site). All three buildings of the St. Regis Hotel are proposed for various interior renovations with this application. PROJECT: ST. REGIS HUTEI; REQUEST GMQS Exemptions, Planned Unit Development (PUD) Amendment, Timeshare, and SUMMARY' Subdivision approvals to convert 98 existing hotel rooms into 24 timeshare lodge units and one residential unit in Building B, to convert a portion of the existing meeting room, hotel office, and accessory space on the Balkoom Level of Building A into an approximately 15,300 square foot spa amenity, to relocate the hotel offices into the existing spa facility on the Second Level of Building B, and to convert 22 approved (but un-built) hotel rooms in Building C into 20 hotel rooms. P&Z VOTE: Approval with conditions (Vote: 3-2) LOCATION: 315 East Dean Street STAFF APPROVAL WITH CONDITIONS RECOMMENDATION: ST. REGIS HOTEL STAFF REPbRT PAGE 1 PROJECT SUMMARY' The applicant, SLT Aspen Dean Street, LLC, an affiliate of Stanwood Hotels and Resorts, has submitted an application requesting the appropriate land use approvals to make a number of interior improvements to the St. Regis Hotel. According to the application submitted for the proposal, the applicant proposes to make over $30 million in upgrades to the hotel, citing that the changes are necessary to help the St. Regis keep pace with other luxury hotels in competing resort communities, to recover lost business and to meet changing consumer expectations. The proposed changes to the hotel include the following requests (see Floor Plans in the Application on pages 16-24 for additional help in understanding the proposal): l.) Conversion of 98 of the existing hotel rooms located on the 2"d through the 6`'' floors in Building B into 24, two and three bedroom timeshare units and 1 whole residential unit. The applicant proposes to sell the timeshare units in 1/11' increments. 2.) Conversion of a portion of existing meeting room and pre-function space, the business center and hotel sales and accounting offices on the Ballroom Level under Building A into an approximately 15,300 square foot spa for the use of guests. 3.) Relocation of the hotel sales and accounting offices from the Ballroom Level into the renovated 4,800 square foot spa space on the 2"d floor of Building B. 4.) Reduction of the number of un-built, but approved hotel rooms on the 2"d and 3"' floors of Building C (Blue Spruce Building) from 22 to 20 hotel rooms (resulting in a total of 16 hotel rooms and 4-one bedroom suites). The 22 units were part of the original approval, but were never constructed. This application seeks an Amendment to the original PUD to reduce the number of units from 22 to 20. Looking from South Mill Street towards Building B, which is proposed to house the 24 proposed timeshare lodge units and one whole residential unit on the 2"a through 6`~ floors. With this application, no changes are proposed to the exterior of any part of the hotel. ST. REGIS HOTEL STAFF REPORT PAGE 2 ww.,_ ..> If all of the changes aze approved, a decrease in the number of units will result -from an existing total of 279 (257 built hotel rooms and 22 un-built, but approved hotel rooms in Building C) to 212 (187 hotel rooms, 24 timeshare lodge units and 1 whole residential condominium). PROPOSED SPA: The new 15,300 squaze foot spa facility is proposed to consist of 3 fitness rooms, 8 treatment rooms, 8 spa/faciaUtherapy rooms, 4 waiting lounges, a salon, boutique, reception area, sepazate women's and men's changing azeas, each with private steam, sauna, cold plunge, Jacuzzi, and several staff/attendant/reservations stations located on-site. In addition, there will be a small juice baz located in the spa. According to material the applicant will make in their presentation to Council, the proposed size of the new spa will be more commensurate with St. Regis competitors in Vail, Beaver Creek, Telluride, and Whistler, British Columbia, however, it will still be on the smaller side. The spas at facilities in those communities vary between 20,000 and 58,000 square feet. CONFERENCE SPACE CHANGES: As a result of the conversion of a portion of the meeting space on the Ballroom Level to the new spa, four meeting room spaces will be lost. This will leave the hotel with the existing ballroom space and three break-out, meeting rooms. Square footage-wise, the total meeting space will be reduced from 25,763 square feet to 20,813 squaze feet. According to the applicant's calculations, however, the hotel will continue to be able to accommodate all of the conferences they have hosted in the past even with the change. In fact, the lazgest group they serve utilizes 20,263 square feet, while most of the approximately 200 other groups using the facility require less space. To help replace the lost meeting space capacity, the applicant proposes to install two operable partition walls in half of the ballroom, which will provide the option of creating three, 1,500 square foot meeting spaces (out of the total 4,500 squaze foot space). By doing so, the hotel will increase its efficiency in handling large groups because the lazge ballroom is used only once during conferences for the opening and closing sessions, but not for any sessions between those times on account of the lack of the partition walls to create separate spaces. TIMESHARE PROPOSAL: The applicant proposes to timeshare 24 of the twenty-five new units into at least 1/11' fractional interests, or Club Interests as the applicant refers to them. With sale of optional biennial interests (biennial interests give the owner the right to occupy a unit every other yeaz), the fractional interests may be as high as 1/15'. As each fractional interest is proposed to be sold in minimum increments of four (with each increment representing seven days) and each unit is divided into 11 different interests, a total of 44 out of the 52 weeks of the year will be sold for each unit. The remaining 8 weeks will be rented out to the general public via walk-in or through the central reservation system. In addition, the Club Interest Owners may rent out a portion or all of their Club Interests to the general public. If the Club Interests aze not reserved by owners in a timely manner, the timeshare plan operator is permitted to rent them out. All changes proposed are to the interior of the building and no exterior changes or site improvements are proposed. ST. REGIS HOTEL STAFF REPORT PAGE 3 „~ REVIEW PROCESS' The applicant requests the following land use approvals for the project described above: 1) Planned Unit Development (PUD) Amendment: An Amendment to the PUD approval for the St. Regis Hotel is necessary to approve the conversion of the 98 hotel rooms into 24 timeshare lodge units and one residential unit because, according to Section 26.445.100, it is "a change in the use or character of the development". In addition, an amendment is necessary to convert the 22 un-built lodge units into 20 lodge units in Building C because it is "a change which is inconsistent with a condition or representation, ofthe projects original approval". Prior to submitting the application, the Community Development Director determined that the proposed changes could not be considered an Insubstantial Amendment and were inconsistent with the approved final development plan, so both Planning and Zoning Commission and City Council approval of the Amendment are required. In addition, the timeshare use also requires PUD approval. Final Review Authority: City Council A view looking towards Building C of the St. Regis, which is connected to the main part of the hotel by the enclosed bridge over Dean Avenue. Although 22 hotel rooms were originally approved for Building C, the owners never constructed them and the building is only a shell with two floors. As part of this application, the applicant would like to convert them into 20 hotel rooms and construct them simultaneous to the other changes. 2) Growth Management Quota System (GMQS) Exemptions: The following GMQS Exemptions are requested: • Remodeling restoration or reconstruction of existing buildings (Section 26.470.070.A.): In order to allow the proposed remodel of the existing hotel units into timeshare lodge units, the above exemption is requested. Staff has determined that the proposal is a remodel per the Code, as the Code defines a remodel as "a construction project comprising revisions within or to elements of an existing structure, as distinct from additions to an existing structure." According to the Code, this exemption is allowed provided it does not add additional lodge units (note: timeshare units, like hotel units, are considered to be "lodge" uses in the Code) and does not involve a change of use. Exemption review is by the Community Development Director (see note below on review authority). • Change of Use (Section 26.470.070.F): This exemption is requested in order to allow the proposed conversion of hotel units into one, non-timeshared residential unit. The. change of use exemption is not required for the conversion of hotel units into ST. REGIS HOTEL STAFF REPORT PAGE 4 timeshare lodge units because both uses are considered tourist accommodations, for the purposes of the Code, and .therefore is not a change of use. Final Review Authority Plannin~~and Zoning Commission (see note below on review authority) • Accessoy Uses in a Mixed Use Development (Section 27.470.070.K): In order to allow for the reconfiguration of accessory space within the hotel, specifically the spa, meeting space, and hotel office, this exemption is requested. Final Review Authority: City Council 3) Timeshare: The applicant proposes to sell the converted hotel rooms as timeshare lodge units in 1/11' increments. To qualify as a timeshare, the proposal must comply with the Review Standards for Timeshare Lodge Development (contained in Exhibit C). Final Review Authority: City Council 4) Subdivision: Subdivision is required for creating multi-family units, for condominiumization, and for timeshare approval. The process, act, or result of dividing land into two or more separate legal interests for the purpose of transfer of ownership constitutes a subdivision. According to Section 26.480.090, a condominium plat must be submitted to the Community Development Director for review and approval as a subdivision and handled administratively. This step is usually done after the construction is significantly complete; however, as subdivision approval is technically required to approve a condominium plat (subdivision would require another City Council approval), the applicant is requesting subdivision approval for the condominiumization at this stage so that Subdivision approval will not be necessary again at the time the applicant wishes to file the condominium plat. Final Review Authority: City Council Note on Final Review Authority: Per Section 26.304.060, when more than one development approval is being sought simultaneously, the applicant may choose to combine them in order to eliminate or reduce duplication and ensure economy of time, expense and clarity. This means that, although some land use approvals require only staff approval or P&Z approval, while others require Council approval, all requested approvals may be combined and presented for review by one body. For clarity purposes, all of the above land use requests for the St. Regis will be reviewed by P&Z first, then finally by Council. BACKGROUND/EXISTING CONDITIONS: The St. Regis Hotel (formerly known as the Ritz Carlton) finished construction in December of 1992. The property was purchased by the current owner in January of 1998. For information about the history of Lot 1 of the Aspen Mountain Subdivision PUD, and the St. Regis Hotel, see Page 1 of the Application. ASPEN / PITKIN COUNTY HOUSING AUTHORITY BOARD ACTION: The Housing Authority Board reviewed the application at their March 5, 2003 meeting and approved the application with the condition that the applicant be subject to an employee audit to be conducted one full fiscal year after completion of the changes. In their memo, the Housing staff indicated to the Board that they agreed with the applicant with regard to there being a reduction in the number of employees generated for the lodge ST. REGIS HOTEL STAFF REPORT PAGE S and hotel because of a reduction in the number of those units, but they felt that there would be an increase of 23.3 new employees associated with the expanded spa. Of those new employees generated, the applicant would be required to provide housing for 60%, or for 13.98 employees. In arriving at this requirement, the Housing staff used the figure of 12.8 employees per 1,000 square feet, which is the figure used in determining the employee generation for food and beverage space. The applicant contends that the food and beverage generation figure is too high for spa uses because of different employee needs and that the increase in employees generated by the spa would be more than offset by the reduction in employees required from the net loss of overall lodge units and partial reduction of conference space. According to the application, the applicant believes that there will be a net loss of 3.59 employees. Ultimately, the Housing Board was uncomfortable with requiring a factor of 12.8 employees per 1,000 square feet for the spa and, because there are no employee generation numbers for spas in the Code, the Board decided to instead require the audit within one year. The applicant agreed to the provision. In their approval, the Housing Board added a condition requiring the audit, as noted below: 1. The applicant shall conduct an audit immediately after one full fiscal year following the issuance of a certificate of occupancy for the proposed new spa facility, hotel rooms, timeshare units, and residence under the following terms: a. The applicant shall retain an auditor and shall gain prior approval from the Housing Office Operations Manager for the selection of the auditor. b. The applicant shall be fully responsible for all fees associated with retaining an auditor. 2. Should the audit show an increase in the number of employees, the applicant shall return to the Housing Authority under the following terms: a. The applicant shall provide deed restricted, affordable housing for any additional employees of the new facilities. b. The applicant shall abide by the Aspen/Pitkin County Affordable. Housing Guidelines in effect at the time of the audit. STAFF COMMENTS ON HOUSING BOARD ACTION: The Community Development Department staff proposes a few amendments to the Housing Board's conditions of approval (specific wording of changes is in the City Council ordinance at the end of the staff report). First, staff believes that the City should hire the auditor that the applicant pays for, rather than the applicant as the Housing Board condition states, so that objectivity of the audit is ensured. Secondly, the staff is concerned with the above conditions requiring the audit one year after issuance of a C.O., which may occur during the off-season when employee numbers are reduced. An audit conducted during peak operating times in the summer or winter would result in a more accurate assessment. Finally, staff would propose that .the definition of employees in the audit include both payroll and non-payroll employees so that it accurately identifies all employees associated with the operation of the hotel, including contract employees. ST. REGIS HOTEL STAFF REPORT PAGE 6 STAFF COMMENTS' PUD AMENDMENT: Any request for an Amendment to a PUD must comply with the review criteria for a PUD. Staff has reviewed the proposal against the criteria and finds that the request for PUD Amendment meets all of the applicable criteria, especially that it is in conformance with the Aspen Area Community Plan (See Exhibit A for a full analysis of Staff Findings for PUD). GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS: The applicant requests three different exemptions from the City's GMQS, as listed below. Staff comments on the proposal's compliance with the criteria follows: (For full review, see Staff Findings in Exhibit B) REMODELING RESTORATION OR RECONSTRUCTION OF EXISTING BUILDINGS: A GMQS Exemption is requested to allow for the remodeling of 98 of the existing hotel rooms into 24 timeshare lodge units and one condominium unit. T'he Code states that such remodeling shall be exempt from the growth management competition and scoring procedures, provided that it does not create additional dwelling, hotel or lodge units or involve a change of use. In this instance, the number of units is being reduced and, because the Code defines both hotel and timeshare units as tourist accommodation, there is no change of use, so staff finds the request to comply with the criteria. CHANGE of UsE: A GMQS Exemption is also requested to allow for the change of use from hotel, or tourist accommodation, to residential for the proposed conversion of several hotel rooms into one whole condominium unit. There are seven criteria a request must comply with to get the exemption (all of them can be found in Exhibit B), but the two most significant criteria are that: a.) a minimal number of additional employees will be generated by the change in use and that employee housing will be provided for the additional _ employees generated. The applicant contends that the proposal will result in a reduction of 3.59 employees generated because of the ability of the hotel management to consolidate employees and because of the reduction in employees from -the conversion to less lodge units and eliminating a portion of meeting space (a letter from Joseph Wells, representing the applicant, is attached detailing the anticipated employee needs of the St. Regis Hotel after the changes, Exhibit H). The Housing staff felt that the changes would generate 23.3 employees and be required to mitigate for 13.98 of them. The Housing Board decided to require an audit one year after the changes are complete. If the audit determines that there were more employees generated than are contemplated with this application, then the applicant shall be required to provide additional affordable housing. Based on this safeguard, staffbelieves that the project complies with the above criteria. For the purposes of background information, a short recount of the numbers of employees the hotel has already mitigated is provided. With the original approval for the hotel, the applicant was required to provide affordable housing. In the First Amended and Restated Planned Unit Development/Subdivision .Agreement recorded in 1988, the hotel was ST. REGIS HOTEL STAFF REPORT PAGE 7 required to house 161.5 employees, which was based solely on lodge operations, accessory food and beverage space and accessory retail space. Employee generation for the spa was not considered as it was apparently agreed at the time, between the owner and the City, that the hotel did not generate employees beyond those generated by these three factors. The owner, however, eventually agreed to provide housing for 198.5 employees in exchange for City Council approval of a revised plan and is credited with housing 182 employees in the Alpina House, Copper Horse Lodge, Ute City, and the Hunter Longhouse. An audit, which was required of the original PUD and conducted by the Ritz Carlton (now the St. Regis) in 1998, concluded that the 198.5 employees mitigated was reasonable in accordance with the 1993-1994 payroll records. b.) a minimal amount of additional parking spaces will be demanded by the change in use and that parking will be provided. According to the application, the parking demand will be reduced by 10.33 spaces as a result of the timeshare conversion. This difference was calculated by comparing the parking demand of the net loss of the units (98 existing units - 25 proposed units = 78 net loss of units) with the number of proposed units. When the Aspen Mountain Subdivision PUD was originally approved, a parking demand study was done for the whole subdivision by TDA, Inc. and used to determine parking requirements for the hotel. The study was used to determine parking requirements rather than by the Code requirement because it was agreed by all parties that the study would provide a more accurate, site specific analysis of the parking demand. The study concluded that the peak parking demand for the hotel is in the summer and estimated that .66 spaces per lodge bedroom was sufficient during times of an average 90% occupancy rate. Parking for residential uses, similar to the proposed timeshare use, was also predicted in the report, assuming one space per 2 bedroom unit and two spaces per 3 bedroom unit. The applicant proposes to use those ratios to determine the parking demand for the 25 proposed timeshare units. The reduction of 10.33 spaces with the conversion was calculated as follows: Existin 78 net loss of rooms x .66 x 90% = 46.33 s aces Proposed: 14 2BR units x 1 space = 14 + 11 3BR units x 2 s aces = 22 = 36 s aces Staff believes that existing parking is more than adequate to meet the demand generated by the hotel with the proposed changes. Currently, the hotel is over-parked to the point that employees are allowed to park in the underground parking garage. In addition, it can be expected that the majority of the owners of timeshare units will arrive by air and will get around town without the need for a car because of the close proximity of the hotel to downtown and the bus station and the hotel shuttles which transport guests all around the area. ACCESSORY USES IN MAED USE DEVELOPMENT: A GMQS Exemption is requested to allow for the relocation of the spa, business center, and hotel office, which are all considered to be accessory uses of the hotel. There are five criteria for review (found in Exhibit B). The most notable criteria is that negative impacts of accessory use on public facilities and affordable housing shall be mitigated by an agreement to provide those facilities. ST. REGIS HOTEL STAFF REPORT PAGE 8 ~:,.., According to the Development Review Committee (DRC) review of the proposal, there will be no adverse impact to any public facility, although additional tap fees may be assessed due to the change in use (which is addressed in a condition of approval). A condition of approval has been added requiring an audit of employees one year after operation to determine exactly how many employees work for the hotel and, therefore, how many employees are required to be mitigated for with regard to affordable housing. If the audit determines that there is no increase in the number of employees over what they have prior to the remodel, then there would be no requirement for additional housing. If the audit determines that there is an increase in the number of employees, then the applicant will be required to mitigate for them. TIMESgAxE: The applicant is proposing to comply with all of the applicable review criteria for timeshare and is not requesting any variances (See Exhibit C for Staff Findings). PRESERVATION OF EXISTING LODGING INVENTORY: While staff concurs that the application will comply with the requirements of the timeshare ordinance, one provision of the ordinance warrants a closer examination, which is the following requirement: Preservation of Existing Lodging Inventory (Section 26.590.070 (C)). An express purpose of these regulations is to preserve and enhance Aspen's existing lodging inventory. Therefore, any proposal to convert an existing lodge or other property that provides short term accommodations to a timeshare lodge should, at a minimum, replace the existing number of units on the property in the planned timeshare lodge. If the applicant is unable to replace the existing number of units, then the timeshare lodge development shall replace the existing number of bedrooms on the property, or the applicant shall demonstrate how the proposal complies with the purposes of these regulations, even though the planned timeshare lodge will not replace either the existing number of units or bedrooms. The applicants proposal will reduce the number of existing lodge units and bedrooms in the St. Regis Hotel. As stated in the ordinance above, there should not be a reduction of the existing lodging inventory with a conversion, in terms of units and bedrooms. If these provisions cannot be met, then the ordinance goes on further to state that the applicant must demonstrate how their proposal complies with the "purposes" of the regulation. The proposed conversion will result in a reduction of the number of units in the St. Regis Hotel, from 257 hotel units to 192' hotel, timeshare, and residential units. The conversion will also reduce the number of bedrooms, from 257 to 248. Despite the obvious reduction in both the number of units and bedrooms, the applicant contends that the hotel will actually be able to accommodate more guests with the ' It is .important to note that the figure of 192 total units after the conversion includes the twenty hotel rooms in Building C that were part of the original hotel approval. While the case could be made that the 20 units should be included in the figure that represents the total number of units prior to the conversion, thereby increasing the reduction in number of units as part of this proposal, staff concluded that the ordinance requires replacement of the "existing' units. Since these units have never been constructed, they are not considered to be existing units. As the 20 units are proposed to be fmished with this proposal, staff has included them in the number of replacement units. ST. REGIS HOTEL STAFF REPORT PAGE 9 conversion. On top of the number of post-conversion bedrooms, the applicant also proposes counting sleeper sofas in each of the 24 timeshare suites towards what they refer to as the overall number of "sleeping facilities". With the addition of the sleeper sofas, the number of sleeping facilities will increase from the existing, 257 to 272 after the converslon. While staff would prefer that the applicant replace the number of units proposed to be lost with the conversion, we find that because the timeshare units will likely replace at least the number of visitors to the hotel lost with the conversion, as well as the inclusion of the sleeper sofas in the overall equation (which do provide valuable extra sleeping space, especially for children) that the proposal complies with the "purposes" of the regulation. FISCAL IMPACT ANALYSIS AND MITIGATION: According to the timeshare ordinance, any applicant- proposing to convert an existing lodge to a timeshare lodge development shall be required to demonstrate that the proposed conversion will not have a negative tax consequence for the City. On pages 38-46 of the Application, the applicant makes the .case that there will be a shortfall during the years 2003 and 2004 due to construction activity converting the hotel rooms to timeshare and the spa, but after that the property, sales and bed tax would exceed the amount the City collected from the property in the past. The City Finance Department Director has been in consultation with the applicant regarding this issue and a report with his findings will be distributed to City Council under a separate cover prior to the meeting. SUBDIVISION: Subdivision approval is necessary to approve the creation of separate legal interests so that the timeshare lodge units may be conveyed separately. Given that the subdivision review, in this instance, is related to the creation of the timeshare lodge units and the changes are all interior to the existing building, much of the subdivision review criteria is not applicable. The development does comply with the criteria that is applicable, such as whether the proposed subdivision is consistent with the Aspen Area Community Plan and whether it is consistent with the character of the surrounding area (See full Staff Findings for Subdivision in Exhibit D). DEVELOPMENT REVIEW COMMITTEE (DRC) REFERRAL COMMENTS: The DRC meeting was held on February 19, 2003. The minutes from that meeting are contained in Exhibit I. No significant issues were raised by the DRC. STAFF SUMMARY AND RECOMMENDATION: Staff recommends approval of a PUD Amendment, Growth Management Quota System Exemptions, Timeshare, and Subdivision for the St. Regis Hotel. RECOMMENDED MOTION: "I move to approve Ordinance No. ,Series of 2003, for a PUD Amendment, GMQS Exemptions, Timeshare, and Subdivision for the St. Regis Hotel." ATTACHMENTS: Exhibit A: PUD Amendment -Staff Findings Exhibit B: Growth Management Quota System -Staff Findings ST. REGIS HOTEL STAFF REPORT PAGE 10 . ~.-~ ~-, ~. Exhibit C: Timeshare -Staff Findings Exhibit D: Subdivision -Staff Findings Exhibit E: Approved P&Z Resolution Exhibit F: P&Z Minutes Exhibit G: Housing Authority Memorandum Exhibit H: Letter from Joseph Wells (Re: Employee Housing) Exhibit L Development Review Committee (DRC) Minutes Exhibit J: Application /~C `r '~~ ,f + 4?~~.1,r-,:~.^" E... „Af,~+"Ar- ! ds`t°'1. '~'\ w wE / / `" ""c ~ /" /. ~/~ /~ a 4'"+t...7 G..',. /' ~ ~". ~ f~ ~"'t-~-~ V l I ~~i~ k i s ~ V aw.,,. • ~ ~~ trM.4+'b,$.: ! R~ Q. ~ [ Gf" S ~ ~/~'4 ~'r/l f ~I Q J ~ f .y.v.,,y~ fi22•~c«.,C',y s'%S. /7 ~'r,~-..~ o ~r-aw,. /~~,~ ~~~7'er d'~'sc.ss s: ry 7Ge ,,~ T--- ~~ S G.ct ~ ;7'w,~,a _ J'~ y...~ ( "' °' S ,rte ~" e] > ! ~. ~'• ~ ~ ~-.~.-cf` a 9"` "~~/"l ~ / ~ / ~ T `~ ' S ,,,~,~~ ~.. ~iI', y ~ q r c c w ~` 7~. ~ c-D~"~ G~ si an f ~ .-e s ~~i~' rt a-s~I ! .~ /'y~ ~-_Ba,,.~ , (N h , rC 2 ~ it / y s ~2 ' I ""`.c/~ 2.I^ ~t Q w ,r ~' e~ e- a 4 S S a-._ I i n ~.o i' c Gcz c ~ ~ ~ ~^A i !-ice C~ ,rK,,'S~; Ate. ~ ~ ~ lt/ ~ ~V O u-~ ue ~v .- 't~Di, / /- 7-- - I~ ~o~. ST. REGIS HOTEL STAFF REPORT PAGE 11 ~,, ~ , ORDINANCE N0. _, (SERIES OF 2003) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A PLANNED -UNIT DEVELOPMENT (PUD) AMENDMENT, GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS, TIMESHARE, AND SUBDIVISION FOR THE ST. REGIS HOTEL, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Pa r cel ID: 2 73 7-182 8-S D 01 WHEREAS, the Community Development Department received an application from the SLT Aspen Dean Street, LLC (Applicant), requesting a PUD Amendment, Growth Management Quota System Exemptions, Timeshare, and Subdivision to convert 98 of the existing 257 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; to convert the existing spa facility on the Second Level of Building B to the relocated hotel offices; and to modify the 22 approved, but un-built hotel rooms in Building C into 20 hotel rooms; and, WHEREAS, the 24 timeshare lodge units are proposed to be sold in a minimum of 1/11' fractional interests; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Waste District, City Engineering, Building, Fire, Streets, Parks, Housing, Environmental Health, and Water Departments as a result of the Development Review Committee meeting; and, WHEREAS, the applicant has chosen to consolidate all of the land use approvals, in accordance with Section 26.304.060, so that City Council will be the final reviewing body on all land use requests; and, WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Department recommended approval, with conditions, for the proposed land use requests for the St. Regis Hotel; and, WHEREAS, at its meeting on March 5, 2003, the City of Aspen / Pitkin County Housing Authority forwarded a recommendation of approval to City Council at its meeting to approve the proposed employee mitigation through an audit program; and, WHEREAS, the City of Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and, WHEREAS, the Planning and Zoning Commission forwarded a recommendation of approval via Resolution No. 10, Series of 2003, by a vote of three to two (3 - 2), to ST. REGIS HOTEL STAFF REPORT PAGE 12 City Council to approve a PUD Amendment, Growth Management Quota System Exemptions, Timeshare, and Subdivision; and, NOW, THEREFORE BE IT RESOLVED BY THE ASPEN CITY COUNCIL THAT: Section 1• Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Aspen City Council approves the PUD Amendment, GMQS Exemptions, Timeshare, and Subdivision, subject to the following conditions: 1. The building permit application shall include: a. A copy of the final Ordinance. b. The conditions of approval printed on the cover page of the building permit set. c. A traffic management plan that addresses issues such as construction worker parking and hauling routes. 2. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. b. All tap fees, impacts fees, and building permit fees shall be paid. c. A complete set of sprinkler and alarm plans shall be submitted to the Aspen Fire Marshal in order to determine if the fire sprinkler system and alarm system is adequate. d. The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed. All sanitation-related improvements below grade shall require the use of a pumping station. The conversion from lodge units may result in additional tap fees due to the additional kitchens and other sources of wastewater. e. The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Based on~ the sprinkler requirements of the Fire Department, a new and larger water tap may be needed. An additional tap fee maybe assessed due to the change in use. f. The applicant shall consult the Colorado Revised Statutes (CRS) to determine the required number of type A and type B units as it pertains to food beverage service areas. American With Disabilities Act (ADA) Accessibility shall be provided to all timeshare units and to the juice bar and spa. A Temporary Certificate of Occupancy (TCO) may be issued subject to safety and Fire Department concerns being addressed to the satisfaction of the Fire Marshal and the Aspen Building Department. g. The applicant shall be subject to the. soon to be adopted International Fire Code. The applicant shall submit a complete set of fire sprinkler and alarm plans to the Fire Department, Water Department and Sanitation District prior to sign-off of building permit. In addition, the applicant shall comply with new regulations ST. REGIS HOTEL STAFF REPORT PAGE 13 requiring sprinkler heads that provide a larger flow that may impact the plumbing design, the size of the water tap, and water service fees. h. At the time of building permit, Environmental Health shall review the plans for the juice bar set-up and operations. 3. Per the Aspen Pitkin County Housing Authority Board approval of the application on March 5, 2003, the applicant shall conduct an audit, based on the standazds of the previous audit (of Section B-4G of the ls` Amended and Restated Subdivision Agreement, recorded in Book 574, Page 792 of the Pitkin County Clerk and Recorder), after one full fiscal yeaz from the date of issuance of the certificate of occupancy. for the proposed new spa facility, hotel rooms, timeshare units, and residence under the following terms: a. The Housing Office Operations Manager shall select and retain the auditor. b. The applicant shall be fully responsible for all fees associated with retaining an auditor. c. The audit shall occur during the peak season for the hotel (e.g. July or late December) 2. Should the housing audit show an increase in the number of employees over those mitigated for in the original PUD approval (331 employees, or 60% of 331 which equals 198.5 employees), the applicant shall return to the Housing Authority under the following terms: a. The applicant shall provide deed restricted, affordable housing for any additional employees of the new facilities. b. The applicant shall abide by the Aspen/Pitkin County Affordable Housing Guidelines in effect at the time of the audit. c. The term employee shall include all payroll and non-payroll employees. 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 timeshaze: a. Timeshare estates shall be made available for short-term rental when the estate is not in use by the owner of the unit, the owner's guests, or persons occupying the unit under an exchange program. Units that are available for rental shall be listed at competitive rates in a central reservation system. b. The covenants of the homeowners association shall permit walk-in rental of units. The association shall not limit rental of units to such arrangements as only weekly rentals or Saturday-to-Saturday rentals; instead the association shall permit shorter stays, split-week rentals, and similaz flexible arrangements. c. Owners of timeshare estates shall be required to reserve their unit/time sufficiently far enough in advance to enable the public to obtain access to those units that aze not so reserved. The term "sufficiently" shall be specifically defined, in terms of minimum number of days notice required. d. The owner of a timeshaze estate shall not be permitted to occupy that estate for any period in excess of thirty (30) consecutive calendar days. ST. REGIS HOTEL STAFF REPORT PAGE 14 <~ ~~~~ . e. The owner of a timeshare estate shall be prohibited from storing a vehicle in a parking space on-site when that owner is not using the estate. 6. The timeshare lodge units that remain in the developer's inventory shall be made available for rental to the public while the estates are being sold, except for models and other units that are needed for marketing or promotional purposes. 7. The Applicant shall pay the City of Aspen school land dedication fees for the additional residential unit. These fees shall be due and payable at the time of issuance of a building permit for the development. 8. A PUD Agreement and Amended PUD Plan shall be recorded within 180 days of the final approval by City Council and shall include the information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). 9. The applicant shall file a Notice of PUD in the Clerk and Recorders office of Pitkin County subsequent to receipt of a development order, or prior to issuance of a building permit. 10. With this approval, the applicant shall commit to having the St. Regis Hotel open for business year around. Section 2• All material representations and commitments made. by the applicant pursuant to this application, whether in public hearings or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3• This Ordinance shall not effect 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 amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4• If any section, subsection, sentence, clause, phrase, or portion of this Ordinance 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided bylaw, by the City Council of the City of Aspen on this 6~' day of May, 2003. ATTEST: ST. REGIS HOTEL STAFF REPORT PAGE 1 S Kathryn Koch, City Clerk Helen Kalin Klanderud, Mayor FINALLY, ADOPTED, PASSED, AND APPROVED this 27~' day of May, 2003. ATTEST: Kathryn S. Koch, City Clerk APPROVED AS TO FORM: John Worcestor, City Attorney Helen Kahn Klanderud, Mayor ST. REGIS HOTEL STAFF REPORT PAGE 16 ExgIBIT A PLANNED UNIT DEVELOPMENT (PUD) FINDINGS Planned Unit Development. A development application for PUD shall comply with the following standards and requirements: A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. STAFF FINDING: DOES IT COMPLY? YES The proposal complies with the applicable aspects of the AACP, specifically with regard to creating a sustainable economy. The conversion of a portion of the St. Regis hotel units into timeshare units, the expansion of the spa, and the construction of the additional hotel units that were originally approved will make the project more attractive to visitors and therefore increase the number of visitors to the property. With increased visitors, especially during the off-season, the City will receive additional revenue, which will contribute to sustaining and increasing the local economy. This type of land use is consistent with the AACP in locating tourist accommodations close to the ski area and close to the commercial core. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE As an existing tourist oriented use, the proposed timeshare use in the St. Regis Hotel will continue to be consistent with other tourist oriented accommodations and ro osed timeshare ro'ects Grand As en Hotel in close vicini 3. The proposed development shall not adversely affect the future development of the surrounding area. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE Since all proposed changes are interior, the proposed development will not adversely affect the future development of the surrounding area 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. STAFF FINDING: DOES IT COMPLY? YES All of the requested land use approvals are eligible for GMQS exemptions. B. Establishment of Dimensional Requirements: The PUD development plans shall establish the dimensional requirements for all properties within the PUD. The dimensional requirements of the underlying zone ST. REGIS HOTEL STAFF REPORT PAGE I7 district shall be used as a guide in determining the appropriate dimensions for the PUD. The proposed dimensional requirements are listed below: STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE No exterior changes are proposed, therefore no changes to dimensional standards. 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural or man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. STAFF FINDING: DOES IT COMPLY? YES' No exterior changes are proposed, therefore, no changes are proposed to the lawfully established dimensional standards. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. STAFF FINDING: DOES IT COMPLY? YES No exterior changes are proposed, therefore, no changes are proposed to the lawfully established dimensional standards. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed. c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the city. STAFF FINDING: DOES IT COMPLY? YES ST. REGIS HOTEL STAFF REPORT PAGE 18 - r Staff finds that the proposed off-street pazking is adequate given the number of spaces provided compazed to the number of units and the proximity of the building to mass transit and the downtown core. In addition, many guests arrive to the hotel, especially in the winter, without vehicles and use the- buses, taxis, or walk to get azound, so the parking demand is reduced. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There aze not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE The density, in terms of how the Land Use Code is concerned, is being increased by one residential unit. Adequate infrastructure capabilities exist to accommodate the additional unit. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazazds or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil. erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE The density, in terms of the Land Use Code, is being increased by one residential unit. No expansion is proposed to the building footprint, therefore, there will be no impacts to natural site features or encroachment into azeas of natural hazazd. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD maybe increased if: - ST. REGIS HOTEL STAFF REPORT PAGE 19 a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE The density, in terms of how the Land Use Code is concerned, is being increased by one residential unit, but not beyond the maximum allowable density. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. 4. Buildings and access ways are appropriately arranged to .allow emergency and service vehicle access. 5. Adequate pedestrian and handicapped access is provided. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. STAFF FINDING: DOES IT COMPLY? YES When the hotel was originally approved as a PUD, it was deemed to comply with all of the above provisions. Since no exterior changes are proposed, staff finds the project to still be in compliance with the above provisions. C. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: ST. REGIS HOTEL STAFF REPORT PAGE 2U 1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. STAFF FINDING: DOES IT COMPLY? YES When the hotel was originally approved as a PUD, it was deemed to comply with all of the above provisions. Since no exterior changes are proposed, staff finds the project to still be in compliance with the above provisions. D. Architectural Character. It is the purpose of this standard to encourage architectural interest, variety, character, and visual. identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan an architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 1. Be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- orless-intensive mechanical systems. 3. Accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. STAFF FINDING: DOES IT COMPLY? YES When the hotel was originally approved as a PUD, it was deemed to comply with all of the above provisions. Since no exterior changes are proposed, staff finds the project to still be in compliance with the above provisions. E. of this standard. to ensure the exterior of the development will be appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: Lighting. The purpose lighted in a ST. REGIS HOTEL STAFF REPORT PAGE 21 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. STAFF FINDING: DOES IT COMPLY? YES When the hotel was originally approved as a PUD, it was deemed to comply with all of the above provisions. Since no exterior changes are proposed, staff finds the project to still be in compliance with the above provisions. F. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. STAFF FINDING: DOES IT COMPLY? YES When the hotel was originally approved as a PUD, it was deemed to comply with all of the above provisions. Since no exterior changes are proposed, staff finds the project to still be in compliance with the above provisions. G. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. ST. REGIS HOTEL STAFF REPORT PAGE 22 STAFF FINDING: DOES IT COMPLY? YES When the hotel was originally approved as a PUD, it was deemed to comply with all of the above provisions. Per the review by the DRC, adequate public facilities exist to accommodate the proposed changes. H. Access and Circulation. The purpose of this standazd is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other azea dedicated to public or private use. 2. The proposed development, vehiculaz access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads aze proposed to be improved to accommodate the development. STAFF FINDING: DOES IT COMPLY? YES No changes are proposed to exterior access and circulation of the building. At the time the hotel was approved, it was deemed to be in compliance with the criteria. I. Phasing of Development Plan. The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical azeas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees-in-lieu, construction of any .facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE No phasing is proposed for the proposed improvements. ST. REGIS HOTEL STAFF REPORT PAGE 23 EXHIBIT B GROWTH MANAGEMENT QUOTA SYSTEM Section 26 470 070 A of the Land Use Code regarding remodeling, restoration or reconstruction of existing commercial lodge or multi-family buildings, requires that the following criteria be met for an exemption: A. The remodeling, restoration or reconstruction of an existing lodge or multi-family building shall be exempt from the growth management competition and scoring procedures, provided that it does not create additional dwelling, hotel or lodge units or involve a change of use. STAFF FINDING: DOES IT COMPLY? I YES The applicant proposes converting 98 existing hotel rooms into 24 timeshare lodge units and one residential unit. The conversion to the timeshare lodge units is exempt from GMQS because it does not create additional units and. does not involve a change of use (both hotel and timeshare are considered to be tourist accommodations in the Code). The exemption for the one residential unit is addressed below. Section 26 470 070 A of the Land Use Code regarding Change in use requires that the following criteria be met for an exemption: A. A minimal number of additional employees will be generated by the change in use and that employee housing will be provided for the additional employees generated; STAFF FINDING: DOES IT COMPLY? I YES A condition of approval has been added requiring an audit of the hotel one year after a certificate of occupancy for the changes to the hotel. The applicant feels that there will be a net loss of employees .with the proposal. If the audit determines an increase, then the applicant will be required to provide affordable housing. B. A minimal amount of additional parking spaces will be demanded by the change in use and that parking will be provided; STAFF FINDING: DOES IT COMPLY? YES The parking requirement is reduced with the proposed conversion of units and the addition of the spa. C. There will be minimal visual impact on the neighborhood from the change in use; STAFF FINDING: DOESIT COMPLY? YES Since there are no plans to alter the exterior of the building, nor expand the footprint, there will be no additional visual impact from the change in use. D. Minimal demand will be placed on the City's public facilities from the change in use; STAFF FINDING: DOES IT COMPLY? YES ST. REGIS HOTEL STAFF REPORT PAGE 24 sta. '- According to responses from the Development Review Committee review of the proposal, there will be increased demand from the conversion from hotel units to timeshare, but no upgrades of public infrastructure are required to accommodate it, other than new water and sewer taps. E. No zone change is required; STAFF FINDING: DOES IT COMPLY? YES No zone change is required. F. No more than one residential unit will be created; and STAFF FINDING: DOES IT COMPLY? YES Only one residential unit will be created. G. The proposed use is consistent in all respects with the AACP. STAFF FINDING: DOES IT COMPLY? YES The proposed use is consistent in all respects with the AACP. Section 26.470.070.A. of the Land Use Code regarding Accessory uses in mixed use development. requires that the followingLcriteria bemet for an exemption: A. The proposed development consists of a building or buildings designed as an integrated whole that contains uses requiring the submission of development applications for an allotment in more than one of the categories of Section 26.470.040. STAFF FINDING: DOES IT COMPLY? YES The project complies with the above criteria. B. There is one use of the property that is the principal use and any other uses are accessory to, in support of and necessary for the principal use. STAFF FINDING: DOES IT COMPLY? YES The principal use is the hotel and the spa, retail, meeting space, offices, etc. are all accessory uses to the hotel. C. In conjunction with the application for exemption, an application is submitted pursuant. to Section 26.470.080 that receives a development allotment for the principal use. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE The principal use is already constructed with development allotments received at the time of approval. ST. REGIS HOTEL STAFF REPORT PAGE 25 .~.- , ,~:. ~. D. The impacts of the accessory use on public facilities and affordable housing are mitigated by an agreement to provide the necessary public facilities and affordable housing at a level that would meet the threshold required in Section 26.470.080(C)(5) for the accessory use. STAFF FINDING: ~ DOES IT COMPLY? I YES A condition of approval has been added requiring an audit of the hotel one year after a certificate of occupancy for the changes to the hotel. The applicant feels that there will be a net loss of employees with the proposal. If -the audit determines an increase, then the applicant will be required to provide affordable housing. No adverse impacts on public. facilities are anticipated, so no agreement is necessary. E. The site design and architecture of the accessory use is evaluated in conjunction with the review of the development application for the principal use pursuant to Section 26.470.080. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE There are no changes proposed to the site design nor the architecture. Also the principal use is already constructed, so there is no need for an additional development application. ST. REGIS HOTEL STAFF REPORT PAGE 26 EXHIBIT C TIMESHARE FINDINGS A. Mandatory Physical Elements. 1. All timeshare lodge developments shall have a staffed on-site front desk, located within a lobby that is sized to meet the needs of the project. If the timeshare lodge is part of a multi-site development, there may be a single front desk for these sites. The staffed front desk shall be open at least during regular business hours, and shall be managed to provide full-time registration and reservation services, including provision for late check-in and for other off-hours guest needs. The front desk shall accommodate walk-in rentals. STAFF FINDING: DOES IT COMPLY? YES There will be a common front desk for the timeshare lodge and hotel guests, which will accommodate walk-in rentals at any time. Additionally, there will be a concierge staff dedicated to the timeshare units. St. Regis will manage a full time registration and reservation system. 2. A timeshare lodge development shall contain a sufficient level of recreational facilities (such as exercise equipment, a pool or spa, or similar facilities) and other amenities (such as a lobby, meeting spaces, and similar facilities) to serve the occupants, including facilities that can be used in the winter and the summer seasons. The extent of the facilities provided should be proportional to the size of the timeshare lodge development. The types of facilities should be consistent with the planned method and style of operating the development. STAFF FINDING: DOES IT COMPLY? YES Timeshare owners will have access to the pool, hot tubs, exercise facility, as well as the proposed expanded spa at all times of the year. In addition, each unit will contain steam showers, hot tubs and an audio and video system as well as complete fiunishin s. 3. A timeshare lodge in the Commercial Core (CC) zone district shall not have any lodge rooms located on the ground floor. Instead, a timeshare lodge in the CC zone district shall contain at least one of the following elements: a bar, restaurant, or retail facilities. The element(s) provided shall be located along the street front, shall be accessible from the street, and shall be designed to serve the public, not just the occupants of the timeshare lodge. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE The proposed timeshare project is not located in the CC zone district. B. Mandatory Operational Practices. The City wants to ensure that the units in a timeshare lodge development are available for rental to the public when they are not being occupied by the owner, the owner's guests, or persons occupying the unit under an exchange program. The City has identified certain operational practices that will accomplish this intent, which are listed in this section. An applicant who ST. REGIS HOTEL STAFF REPORT PAGE 27 agrees to include all of the practices listed below in the operation of the timeshare development shall be deemed to have complied. with the requirements of this sub- section Band need not address any of the optional operational practices of sub- section C. The City recognizes, however, that there may be other ways to comply with this intent, and will consider these and other operational practices. Applicants may propose to substitute one or more of the optional practices listed in Section C., below,. for one or more of the mandatory practices listed in this Section B. Applicants may also propose other operational practices not listed in Section C. as a means of demonstrating compliance with this standard. Acceptance of the proposed optional practices as a substitute for one or more of the mandatory practices shall be at the sole discretion of the City Council. . Timeshare estates shall be made available for short-term rental when the estate is not in use by the owner of the unit, the owner's guests, or persons occupying the unit under an exchange .program. Units that are available for rental shall be listed at competitive rates in a central reservation system. Listing of the unit with a recognized central reservation system in Aspen, or through the central reservation system of the company that will manage the timeshare development, is preferred. STAFF FINDING: DOES IT COMPLY? YES The St. Regis Residence Club will permit owners to rent all or a part of their Club interest and will make their central reservation system available to its owners as part of a rental program (a condition of approval requires this compliance). The Developer will also use a variety of marketing programs, which will result in occu anc of unsold Develo er invento b -the ublic on a short term basis. 2. The covenants of the homeowners association shall permit walk-in rental of units. The association shall not limit rental of units to such arrangements as only weekly rentals or Saturday-to-Saturday rentals; instead the association shall permit shorter stays, split-week rentals, and similar flexible arrangements. STAFF FINDING: DOES IT COMPLY? YES The covenants of the Condominium Association will permit daily and walk in rental of the available Club Units (a condition of approval requires this compliance). 3. Owners of timeshare estates shall be required to reserve their unit/time sufficiently far enough in advance to enable the public to obtain access to those units that are not so reserved. STAFF FINDING: DOES IT COMPLY? I YES A specific timeframe was not given by the applicant, but they did state that they will require owners to secure or confirm a reservation of a Club Unit within certain established time periods and that the timeshare plan operator may rent out Club units that are not reserved as required under the Plan. ST. REGIS HOTEL STAFF REPORT PAGE 2H ~,:.,.. ~..., 4. The. owner of a timeshare estate shall not be permitted to occupy that estate for any period in excess of thirty (30) consecutive calendar days. STAFF FINDING: DOES IT COMPLY? YES -- An owner will not be permitted to occupy the unit for more than 28 consecutive calendar days. 5. The units that remain in the developer's inventory shall be made available for rental to the public while the estates are being sold, except for models and other units that are needed for marketing or promotional purposes. STAFF FINDING: DOES IT COMPLY? YES The Developer will also use a variety of marketing programs, which will result in occupancy of unsold Developer inventory by the public on a short term basis while the units are being sold. C Optional Operational Features. Timeshare lodge developments that subdivide each unit into a larger number of estates (more than 10 estates per unit) are preferred to those which subdivide each unit into a smaller number of estates (less than 10 estates per unit). STAFF FINDING: DOES IT COMPLY? YES The applicant proposes a minimum of 11 Club interests, or estates per unit. 2. Applicants may formulate their timeshare use plan such that the purchaser would not expect to occupy the same unit each visit; instead the purchaser would purchase the right to occupy a certain type of unit for a certain period of time. Applicants may also include provisions in the homeowners association documents prohibiting owners from personalizing the unit they have purchased. STAFF FINDING: DOES IT COMPLY? YES _ Both floating and fixed unit rights will be available. The Condominium Association will prohibit any owner of a Club Interest from using their unit as a permanent residence or permanently altering the furnishings or interior of a Club Unit. 3. Applicants may design their development as a mixed project, which includes not only timeshare units, but also some units that would continue to be owned and operated by the applicant and his successors or assigns as traditional lodge units. Another type of use plan that is encouraged would be for the applicant to agree not to sell all of the shares in every unit, but to instead keep some time reserved for rental to the public at market rates during both the high seasons and the off-seasons. STAFF FINDING: DOES IT COMPLY? YES The property will be operated as both the St. Regis Hotel and the St. Regis Residence Club. Eight weeks within each Club Unit will not be conveyed as part of a Club Interest and will therefore be available as part of a rental program. ST. REGIS HOTEL STAFF REPORT PAGE 29 .. _.,,.~ 4. Applicants may decide to sell on and off-season estates as a package. STAFF FINDING: DOES IT COMPLY? YES Each Club Interest will contain a combination of winter, summer and spring/fall season use rights. 5. Applicants may include in their use plan provisions that allow for a wide range of exchange opportunities for owners, which will promote new Aspen trials. STAFF FINDING: DOES IT COMPLY? YES It is expected that an internal exchange program operated by Starwood, or its affiliate, will be created. for its St. Regis Residence Club Project, including the Aspen St Regis Residence Club. 26.590.070 Review Standards for Timeshare Lodge Development. An applicant for timeshare lodge development shall demonstrate compliance with each of the following standards, as applicable to the proposed development. These standards are in addition to those standards applicable to the review of the PUD and Subdivision applications. A. Fiscal Impact Analysis and Mitigation. Any applicant proposing to convert an existing lodge to a timeshare lodge development shall be required to demonstrate that the proposed conversion will not have a negative tax consequence for the City. In order to demonstrate the tax consequences of the proposed conversion, the. applicant shall prepare a detailed fiscal impact study as part of the final PUD application. The fiscal impact study shall contain at least the following comparisons between the existing lodge operation and the proposed timeshare lodge development: 1. A summary of the sales taxes paid to the City for rental of lodge rooms during the prior five years of its operation. If the lodge has stopped renting rooms prior to the time of submission of the application, then the summary shall reflect the final five years the lodge was in operation. The summary of past taxes paid shall be compared to a projection of the sales taxes the proposed timeshare lodge development will pay to the City over the first five years of its operation. As part of this projection, the applicant shall specify the number of nights the applicant anticipates each timeshare lodge unit will be available for daily rental to visitors (that is, the annual number of nights when the unit will not be occupied by the owner or the owner's guests), the expected visitor occupancy rate for these units, the expected average daily cost to rent the unit, and the resulting amount of sales tax that will be paid to the City. STAFF FINDING: DOES IT COMPLY? YES The requested information has been provided by the applicant and the information has been reviewed by the Director of the Department of Finance and his findings will be presented to the City Council at the public hearing. ST. REGIS HOTEL STAFF REPORT PAGE 30 ~~~ ~, 2. An estimation of the real estate transfer taxes that would be paid to the City if the existing lodge were to be sold. If an actual sale of the property has occurred within the last 12 months, then the real estate taxes paid for-that sale shall be used. This estimation shall be compared to a projection of the real estate transfer taxes the proposed timeshare lodge development will pay to the City over the first five years of its operation. This projection shall include a statement of the expected sales prices for the timeshare estates, and the applicable tax rate that will be applied to each sale. STAFF FINDING: DOES IT COMPLY? YES -- The requested information has been provided by the- applicant and the information has been reviewed by the Director of the Department of Finance and his findings will be presented to the City Council at the public hearing.. 3. A summary of the City-portion of the property taxes paid for the lodge for the prior five years of its operation, and a projection of the property taxes the proposed timeshare lodge development will pay _to the City over the first five years of its operation. This projection shall include a statement of the expected value that will be assigned to the property by the Tax Assessor, and the applicable tax rate. The fiscal impact study may also contain such other information that the applicant believes is relevant to understanding the tax consequences of the proposed development. For example, the applicant may provide information demonstrating there will be "secondary", or "indirect" tax benefits to the City from the occupancy of the timeshare units, in terms of increased retail sales and other economic activity in the community as compared to the existing lodge development. The applicant shall be expected to prove definitively why the timeshare units would cause such economic advantages that would not be achieved by a traditional lodge development. Any such additional information provided shall compare the tames paid during the prior five years of the lodge's operation to the first five years of the proposed timeshare lodge's operation. If the fiscal impact study demonstrates there will be an annual tax loss to the City from the conversion of an existing lodge to a timeshare lodge, then the applicant shall be required to propose a mitigation program that resolves the problem, to the satisfaction of the Aspen City Council. The accepted mitigation .program shall be documented in the PUD Agreement for the project that is entered into between the applicant and the Aspen City Council: STAFF FINDING: DOES IT COMPLY? YES The .requested information has been provided by the applicant and the information has been reviewed by the Director of the Department of Finance and his findings will be presented to the City Council at the public hearing. B. Upgrading of Existing Projects. Any existing project that is proposed to be converted to a timeshare lodge development shall be physically upgraded and modernized. The extent of the upgrading that is to be accomplished shall be ST. REGIS HOTEL STAFF REPORT PAGE 31 determined as part of the PUD review, considering the condition of the existing facilities, with the intent being to make the development compatible in character with surrounding properties and to extend the useful life of the building. 1. To the extent that it would be practical and reasonable, existing structures shall be. brought into compliance with the City's adopted fire, health, and building codes. STAFF FINDING: DOES IT COMPLY? YES The applicant is unaware of any existing deficiencies, however, if any are brought to light, the applicant states that they will be brought into compliance. 2. No sale of any interest in a timeshare lodge development, shall be closed until a certificate of occupancy has been issued for the upgrading. STAFF FINDING: DOES IT COMPLY? YES The applicant acknowledges that no sale of any interest will be closed until a certificate of occupancy has been issued for the upgrading. C. Preservation of Existing Lodging Inventory. An express purpose of these regulations is to preserve and enhance Aspen's existing lodging inventory. Therefore, any proposal to convert an existing lodge or other property that provides short term accommodations to a timeshare lodge should, at a minimum, replace the existing number of units on the property. in the planned timeshare lodge. If the applicant is unable to replace the existing number of units, then the timeshare lodge development shall replace the existing number of bedrooms on the property, or the applicant shall demonstrate how the proposal complies with the purposes of these regulations, even though the planned timeshare lodge will not replace either the existing number of units or bedrooms. STAFF FINDING: DOES IT COMPLY? YES The proposed conversion will result in a reduction of the number of units in the St. Regis Hotel, from 257 hotel units to 192 hotel, timeshare, and residential units. In addition, the conversion will reduce the number of bedrooms, from 257 to 248. The applicant contends, however, that the number of "sleeping facilities", which includes bedrooms and sleeper sofas, will be increased with the conversion. The increase in sleeping facilities will be from the existing, 257, to 272 after the conversion. Staff finds that because the drop in number of actual bedrooms is relatively slight, that the applicants proposal to include the sleeper sofas in the overall equation is sufficient to com 1 with this rovision. D. Affordable Housing Requirements. 1. Whenever a timeshare lodge development is required to provide affordable housing, mitigation for the development shall be calculated by applying the standards of the City's housing designee for lodge uses. The affordable housing requirement shall be calculated based on the maximum number of proposed lock out rooms in the ST. REGIS HOTEL STAFF REPORT PAGE 32 development, and shall also take into account any retail, restaurant, conference, or other functions proposed in the lodge. STAFF FINDING: r DOES IT COMPLY? I YES With the overall reduction in the number of lodging units from the existing 257 down to the proposed 187, the applicant contends that there will be a reduction in the number of employees generated. The Housing staff recommended that there .would be additional employees generated. A condition of approval has been added by the Housing Board, however, requiring an audit of the hotel one year after a certificate of occupancy for the changes to the hotel. If the audit determines an increase in employees over what they currently mitigate, then the applicant will be required to provide affordable housing. There is no change proposed to the existing retail and restaurant and bar space, so there is no increase in their affordable housing 2. The conversion of any multi-family dwelling unit that meets the definition of residential multi-family housing to timesharing shall comply withthe provisions of Chapter 26.530, Resident Multi-Family Replacement Program, even when there is no demolition of the existing multi-family dwelling unit. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE There are no existing multi-family dwelling units in the hotel, so this provision is not applicable. E. Parking Requirements. The parking requirement for timeshare lodge development shall be calculated by applying the parking standard for the underlying zone district for lodge uses. The parking requirement shall be calculated based on the maximum number of proposed lock out rooms in the development. STAFF FINDING: DOES IT COMPLY? YES The existing amount of parking provided is adequate to meet the demand, which is actually reduced with the proposal due to the reduction in the number of overall units. 2. The timeshare lodge development shall also provide an appropriate level of guest transportation services, such as vans or other shuttle vehicles, to offer an alternative to having owners and guests using their own vehicles in Aspen. STAFF FINDING: DOES IT COMPLY? YES The hotel provides vans and shuttle vehicles as an transportation alternative for their guests. 3. The owner of a timeshare estate shall be prohibited from storing a vehicle in a parking space on-site when the owner is not using that estate. STAFF FINDING: DOES IT COMPLY? YES ST. REGIS HOTEL STAFF REPORT PAGE 33 The applicant. did not address this provision in the application. A condition of approval will be added prohibiting an owner from storing a vehicle in a parking space when not using the estate. F. Appropriateness of Marketing and Sales Practices. The marketing and sale of timeshare estates shall be governed by the real estate laws set forth in Title 12, Article 61, C.R.S., as may be amended from time to time. The applicant and licensed marketing entity shall present to the City a plan for marketing the timeshare development. 1. The following marketing and sales practices for a timeshare development shall not be permitted: a. The solicitation of prospective purchasers of timeshare units on any street, mall, or other public property or facility; and b. Any unethical sales and marketing practices which would tend to mislead potential purchasers. 2. Giving of gifts to encourage potential purchasers to attend a sales presentation or to visit a timeshare development is permitted, provided the gift reflects the local Aspen economy. For example, gifts for travel to or accommodations in Aspen, restaurants in Aspen, and local attractions (ski passes, concert tickets, rafting trips, etc.) are permitted. Gifts that have no relationship to the local Aspen economy are not permitted. The following gifts are also not permitted: a. Any gift for which an accurate description is not given; b. Any gift package for which notice is not given to the prospective purchaser that the purchaser will be required to attend a sales presentation as a condition of receiving the gifts; and c. Any gift package for which the printed announcement of the requirement to attend a sales presentation is in smaller type face than the information on the gift being offered. STAFF FINDING: DOES IT COMPLY? YES The applicant has committed to not engage in any of the above, prohibited marketing practices. G. Adequacy of Maintenance and Management Plan. The applicant shall provide documentation and guarantees that the timeshare lodge development will be appropriately managed and maintained in an manner that will be both stable and continuous. This shall include an identification of when and how maintenance will be provided, and shall also address the following requirements: A fair procedure shall be established for the estate owners to review and approve any fee increases which may be made throughout the life of the timeshare ST. REGIS HOTEL STAFF REPORT PAGE 34 development, to provide assurance and protection to timeshare owners that management/assessment fees will be applied and used appropriately. 2. The applicant shall also demonstrate that there will be a reserve fund to ensure that the proposed timeshare development will be properly maintained throughout its lifetime. STAFF FINDING: DOES IT COMPLY? I YES The management contract between the Association and the Manager will require that the project be maintained at a level sufficient to ensure compliance with St. Regis brand standards. The documents creating the Association will require preparation of an annual budget and will require the establishment of a reserve fund. The Association will be required to comply with the annual budget notice requirement of the Colorado Real Estate Commission and the Colorado statutes. H. Compliance with State Statutes. The applicant shall demonstrate that the proposed timeshare lodge development will comply with all applicable requirements of Title 12, Article 61, C.R.S.; Title 38, Article 33, C.R.S.; and Title 38, Article 33.3, C.R.S.; including the requirements concerning the five (5) day period for rescission of a sales contract, and the procedures for holding deposits or down payments in escrow. _ STAFF FINDING: DOES IT COMPLY? YES The applicant shall comply with all applicable requirements of Title 12, Article 61, C.R.S.; Title 38, Article 33, C.R.S.; and Title 38, Article 33.3, C.R.S.; I. Approval By Condominium Owners. If the development that is proposed to be timeshared is a condominium, the applicant shall submit written proof that the condominium declaration allows timesharing, that one hundred (100) percent of the owners of the condominium units have approved the timeshare development, including any improvements to the common elements that the applicant may propose, that all mortgagees of the condominium have approved the proposed timeshare development, and that all condominium units in the timeshare development will be included in the same sales and marketing program. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE The existing project is not currently a condominium. J. Prohibited Practices and Uses. Without in any way limiting any requirement contained in this Chapter, it is unlawful for any person to knowingly engage in any of the following practices: 1. The creation, operation or sale of a right-to-use interest or any other timeshare concept which is not specifically allowed and approved pursuant to the requirements of this section. Right-to-use timeshare concepts (e.g. lease-holds and vacation clubs) are considered inappropriate in Aspen and are not permitted. ST. REGIS HOTEL STAFF REPORT PAGE 35 ~,,._, ,.:,: 2. Misrepresentation of the facts contained in any application for timeshaze approval, timeshaze development instruments, or disclosure statement. 3. Failure to comply with any representations contained in any application for timesharing or misrepresenting the substance of any such application to another who may be a prospective purchaser of a timeshaze interest. 4. Manage, operate, use, offer for sale or sell a timeshaze estate or interest therein in violation of any requirement of this Chapter or any approval granted pursuant hereto, or cause or aid and abet another to violate any requirement of this Chapter, or an approval granted pursuant to this Chapter. STAFF FINDING: DOES IT COMPLY? Y-ES The applicant commits to not engaging in any marketing practice which are prohibited above, or by local or State regulations. 26.590.080 Business License and Sales Tax Payments. A. Business License. It shall be unlawful for any timeshaze development to operate in the City of Aspen without first obtaining a business license in accordance with the standazd procedures of the City of Aspen. STAFF FINDING: DOES IT COMPLY? YES T'he applicant presently has a current business license. B. Sales Tax Payments. Occupancy of any timeshaze unit by anyone who pays a rental fee for the use of the unit (other than the owner thereof) shall be subject to the City's sales tax the same as if such occupancy were of a hotel or lodge unit. Any timeshaze development, as a condition of its approval, shall be required to obtain an Aspen Sales Tax/Lodging Tax License, which shall establish how this tax shall be collected and paid to the City. The manager of the association shall be responsible for the timely collection of the City sales tax for the City of Aspen for rentals made through the association or a reservation system. The manager shall notify individual estate owners that they aze responsible for the payment of sales tax to the City for units rented on a private basis. _ STAFF FINDING: DOES IT COMPLY? YES The applicant commits to complying with the above procedures. ST. REGIS HOTEL STAFF REPORT PAGE 36 `:, ExHIBIT D SUBDIVISION -STAFF FINDINGS The Definitions section (26.104.100) of the Land Use Code explains that subdivision approval is required whenever leasehold interests will be transferred. Section 26.480.050 states that a development application for subdivision review shall comply with the following standazds and requirements: A. General Requirements. a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan (AACP). STAFF FINDING: DOES IT COMPLY? I YES The proposal complies with the applicable aspects of the AACP, specifically with regazd to creating a sustainable economy. The conversion of a portion of the St. Regis hotel units into timeshare units, the expansion of the spa, and the construction of the additional hotel units that were originally approved will making the project more attractive to visitors and therefore contribute to sustaining and increasing the local economy. b. The proposed subdivision shall be consistent with the character of existing land uses in the area. STAFF FINDING: DOES IT COMPLY? YES The primary uses of the property -hotel units and timeshare lodge units are all consistent with the same uses that are currently found in surrounding azea, or will be uses that will be-part of soon to be constructed projects in the neighborhood (Aspen Grand Hotel). c. The proposed subdivision shall not adversely affect the future development of surrounding areas: STAFF FINDING: DOES IT COMPLY? YES The proposed subdivision will not adversely .affect the future development of surrounding azeas, as this subdivision only involves interior remodel d. The proposed subdivision shall be in compliance with all applicable requirements of this Title. STAFF.FINDING: DOES IT COMPLY? YES All applicable requirements, including with the zoning requirements of the L/TR zone district, are being met. B. Suitability of Land for Subdivision. a. Land Suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, ST. REGIS HOTEL STAFF REPORT PAGE 37 •, , mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. STAFF FINDING: DOES IT CO_ MPLY? NOT APPLICABLE No exterior changes are proposed with the remodel and there will be no increase to the existing building footprint. b. Spatial Pattern Efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE No exterior changes are proposed with the remodel and there will be no increase to the existing building footprint. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development .where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the community. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE No variations are proposed to the standards. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE No variations are proposed to the standards. D. Affordable Housing. A subdivision which is comprised of replacement dwelling .units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. STAFF FINDING: DOES IT COMPLY? ~ NOT APPLICABLE The standards of Chapter 26.520, Replacement Housing Program, are not applicable because there is no replacement housing involved. With the conversion of a portion of the hotel rooms to timeshare and the expansion of the spa, the project is reducing their employee generation, so no additional affordable housing mitigation is ST. REGIS HOTEL STAFF REPORT PAGE 38 ,~, .. w~ .;~• E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. Applicability. School land dedication standards shall be assessed upon all new subdivisions within the City of Aspen which contain residential units. An applicant may make a cash payment in-lieu of dedicating land to the City, or may make a cash payment in combination with a land dedication, to comply with the standards of this Section. This section of the subdivision regulations requires the dedication of land or the payment of an in-lieu fee for each new residential unit in a subdivision. STAFF FINDING: DOES IT COMPLY? YES Compliance with the School Land Dedication Standards will be required for the one residential dwelling unit proposed. The applicant will pay cash in lieu of a land dedication and will be required to make the payment at time of building permit.. ST. REGIS HOTEL STAFF REPORT PAGE 39 EXHIBIT I DRC MINUTES 1. Building Department • Code Review: It is probable that in June 2003 the Building Department will adopt the International Building Codes (IBC) and the International Residential Codes IRC). The architect will also need to reference the 1998 ANSI Standards. • Change in Use: The Applicant will need to consult Colorado Revised Statutes (CRS) to determine the required number of type A and type B units. • ADA Accessibility: Not only individual timeshare units but also the juice bar and spa. • TemQorary Certificate of Occupanc~(T'CO): Temporary COs can be issued if safety and Fire Department concerns are addressed. • Energy Code: New energy code will apply to portions of building never completed. 2. Parks Department • Parks Dept. notes that several of the tree grates are broken or too small for the growing trees. Parks Dept. asks that St. Regis address this problem. 3. Fire Department • International Fire Code: Soon to be adopted by the Fire Department. The Fire Chief is unaware of the impact the new code will have on the St. Regis. • Sprinkler and Alarm Plans: The Fire Department would like to see a complete set of sprinkler and alarm plans as soon as possible. These plans are also needed by the Water Department and Sanitation District. • Sprinkler Heads: New regulations require sprinkler heads that provide a larger flow. The large flow requirements may impact plumbing design, the size of the water tap, and the water service fees. • Diesel Back-up: The Fire Department wants to know that the diesel generator is in running order and if a larger generator is needed due to the changes. 4. Water Department • Tap Fees: Based on~the sprinkler requirements of the Fire Department, a new and larger water tap may be needed. An additional tap fee may be accessed due to the change in use. • Utili . Plans: The Water Department needs to see existing (as-built) and proposed utility plans. 5. Sanitation District Sanitation District Fees: The conversion from lodge units may result in additional tap fees due to the additional kitchens and other sources of wastewater. (Fee are based not only on quantity but also on organic loading.) ST. REGIS HOTEL STAFF REPORT PAGE 40 ~,, `.- • ~ecial Concerns: The sanitation district will determine if oil and grease separators exist where needed and that requirements for laundry and dry cleaners are met. • Utility Plans: The Sanitation District needs to see existing (as-built) and proposed utility plans. 6. Environmental Health • Water Leak in Kitchen: Environmental Health would like to learn if the leak in the kitchen (from roof or sprinklers) has been corrected> • Juice Bar: At the time of building permit, Environmental Health will review the plans for the juice bar. • .Trip Mitigation: With the exception of the hair salon, the services in the building are not available to the general public. No Additional trip mitigation measures appear to be necessary. However, Environmental Health would like the Owners to confirm that the mitigation measures, required as part of the PUD, have been implemented. ((This is a `TO ITEM' for the Applicant but it will not be included in any resolution or ordinance.)) ST. REGIS HOTEL STAFF REPORT PAGE 41 THE CITY OF ASPEN Memorandum To: Steve Barwick, City Manager CC: Julie Ann Woods, Community Development Director John Worcester, City Attorney Joyce Allgaier, Deputy Community Development Director Scott Woodford, City Planner II From: Paul Menter, Director of Finance and Administrative S 'c Date: June 3, 2003 Re: UPDATED St. Regis Timeshare application draft financial analysis per AMC 26.590.070 Attached please find an updated tax impact analysis of the St. Regis timeshare application for your review. This fiscal impact analysis has been completed according to the provisions of the above referenced chapter of the Aspen Municipal Code, and its associated land use code interpretation dated March 17, 2003. The remainder of this memorandum provides a description of the tax impact analysis performed. Summary The application by the St. Regis calls for development of 24 fractioitial .ownership units, to be sold in 1/11 fractions, and one full ownership unit. These units are to replace 98 existing hotel rooms. Additionally, the St. Regis has an existing approval for development of 20 new hotel rooms in "building C", and conversion of 15,000 square feet of meeting room and other space into a spa facility. Aspen Municipal code 26.590.070 requires the applicant to determine the impact of this timeshare development on the City of Aspen tax base, and to mitigate for any negative tax impact that may occur. AMC 26.590.070 and the above referenced land use code interpretation provide the basis for determining the tax impact of this development. As this application is one of the first reviewed by the City under the terms of this new section of the municipal code, City Finance staff are taking due care to review and evaluate the applicant's analysis to ensure compliance with the provisions of the code. June 3, 2003 In summary, the analysis indicates a fee due to the City of $449,552. Aalysis• The attached spreadsheet analysis uses available data from the St. Regis application to apply a net present value analysis of past and projected tax collections to arrive at a fee amount by tax source. The analysis uses the Denver Metropolitan area CPI as the index against which to calculate the net present value of the St: Regis's tax collections in prior years. The 20-year average of this index is applied to projected tax collections to perform the net present value calculation of projected collections. The average annual collections from the most. recent 5 years of operations adjusted to net present value, is then compared to the average annual projected collections as provided by the applicant, again adjusted to net present value. If the result indicates that average annual future collections will be less than they have been in the past for an individual tax, the amount of the reduction is multiplied by 27.5 years (MACRS straight line depreciation method for residential property), representing the estimated life expectancy of the project, to arrive at a current year estimated fee amount (see Attachment A). Additionally, the applicant has included a calculation of the amount of tax revenue to be generated by the existing approval for 20 additional hotel rooms as an element of this calculation. This estimate of prior approvals as a component of past tax revenue collections is authorized under the code interpretation requested by the Finance Department and approved by the Community Development Director of March 17, 2003 (see Attachment B). In the case of the St. Regis, the analysis indicates a fee due for reductions in sales, lodging and property tax collections, and no fee due for real estate transfer taxes. Recommendation: As noted above, this analysis is developed in accordance with Aspen Municipal Code section 26.590.070, and the land use code interpretation approved by Community Development Director Julie Ann Woods on March 17, 2003. A tax impact mitigation fee of $449,552 is recommended for application to this PUD amendment. The code is silent on the timing of payment of this fee. The applicant has stipulated to payment of the entire fee within 12 months of initiation of construction, in quarterly installments. 2 _..§, N N LL ~ O Q ~ Q ~ O ~_ ~_ ~ U o U LL ~ ~ O ~ ~ ~ci ti ti ti t ° O ~ ~ ~,~ LL ~ F R N ~ ~ O m J ~ 6R ER. ''" V~ ~ N .~ 0 ~ ~ ~ ~ ~/ C X ~ LL N ^ _ ~~~~ 0 0 o e o ~ ~ ~ ~ ~ O OO O O O V/ Q ~~ M O M M M ~ O ,~ Q ~ LL ~ N -a ~ a ~ o 0 0 0 o d . ~ c ' ~ N N N N N ~ p ~ ~ ~ O ~ V ; vc ap ~ d ~ c ^ ~ L ~ ~ i.. ~ O ~ ~ ~ G W H H ~ '3 ~ V ti ~ O ~ ~ ~ N 7 N Q~ ~ M X LL N ~ N ~.. > E R R E w+ W ~ ~ ~ C ~ ~ ~ ~ LL v Q ~ 00 O 00 N O ~ 0 ~ ~ N ~ "~ ~ O ~ 1!'~ 'p EA L r 6R ~ ER r t,R L 0 y ^ ~ ~~ ~ // LL ~ ;Ir ^~ 4. C `7 Q `Q ~- r tC i~ d EI9~ ER ER Y O ~ O ~ a ~k L ~ ~ X ~ C `, cv c ~ 0 ~ ~ N ~ ~ x V X X (n H f0 ~ Q ~ H I- ~ ~ ~ ~ uJ, ~ ~ ~ O ~ ~ F- fA fA J ~' ~ ~ O rn f~ d CIT~r OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT LAND USE CODE INTERPRETATION APPLICABLE CODE SECTION: Section ?6.90.070 (A) ~Ti~nesl~rcr•eJ Fiscal Impact Analysis and Nlitibation EFFECTIVE DATE: APPLICANT: WPITTEN B~': APPROVED BY: COPIES TO: March 17, 2003 Paul Menter, Finance Director Joyce Allgaier Ohlson, Deputy Director Julie Amz Woods, Conununity Development Director Jolu~ Worcester, Steve Barwick SUMIVIARV This code interpretation sets forth statements as to how the City of Aspen will approach and evaluate fiscal impact studies that are submitted as part of a timeshare development proposal. The specific statements are found below. PURPOSE The puiTose of this code interpretation is to further clarify the language in Land Use Code Section 26.590.070 (A), ~TinaesluireJ Fiscal Impact Analysis and Mitigation for the purposes of analyzing and objectively evaluating the financial analysis required of the applicant, and applying a reeommencted mitigation program as provided by the code, based upon the provisions of this section. BACKGROUND Sectio^ 26.590.070 (A) of the Land Use Code requires that any developer proposing to convert an e~cisting lodge to a timeshare lodge development shall be required to demonstrate that the proposed conversion will not have. a negative taY consequence for the City. In order to demonstrate the tai consequences of the proposed conversion, the applicant shall prepcue a cletailecl fiscal impact study as part of the final PUD application. If the analysis demonstrates a negative taY impact to the City of Aspen, then the ~ippliccult shall be required to propose a mitigation program: Such miti~Tation programs must meet with the. approval of the Aspen City Council. If the fiscal impact study demonstrates a positive impact to the City of Aspen, then no mitigation program is required. In order to c,hu~fy the submittal. requirements and the intent of the fiscal impact study so as to fairly ,..~.~ and objectively.. evaluate. fiscal impacts caused by lodge to timeshare conversions, the following statements will serve as guidelines in this process. 1. The code requires that, tl7e applicant compile a tax analysis that compares the prior 5- year and prujecteci ~-year tax collections for the project. These ~-year totals should be converted to current day dollar value for comparison. The average aru~ual difference between the previous ~-years and the future 5 years is the aiuzual amount that needs to be paid for the life of the pr~jeet. This calculation becomes the basis for determinin~~ the appropriate fee clue from the applicant, if any. ?. The code requires that the applicant compile a tax impact analysis fur sales and lodging taxes, property taxes and real estate transfer takes. This tax impact analysis should be completed on a tax-to-tas basis, as opposed to an overall basis. In other words, dramatic increases in Real Estate Transfer Taxes in comparison to prior year collections clu not serve to offset a reduction in sales tax collections for purposes of calculatin~T any fee that might be owed. The mitigation program authorized by this section shouldbe calculated fur each individual tax, not as a whole of the identified taxes identified in the section. The reason for segre~Tating the fee calculation is because the taxin~T sources are nut interchangeable in terms of their applicability to providin, City services. 3. The .code requires that projects should be evaluated by comparin`T the tax impact of existing facilities plus esistinQ approvals (in combination, the `~tutal project") to the total project plus the proposed timeshare. ~Uhere any previous approvals have been ~r~u~ted but nut yet developed, the "existing facilities" should inchlde what has been approved thus feu. So for example, in the case of an application, which has an existinU approval for ? 0 new hotel rooms that is independent of their new timeshare proposal, the comparison would be between what exists plus what is approved but not yet built and the net number of twits sifter timeshare conversion. 4. The ~-year comparison (most recent previous ~ years v. projected first ~ years of operation with the timeshare or fractional ownership element operational) required by this section of the code is for cletermiilin`~ an aver~i~~e annual tax impact of the project, and is for cuinparison purposes only to provide a basis for cleterminii7g an appropriate fee, which shall be based upon the estimated life of the project, and is not intenclecl to mean that the total tax impact provided by the ordinance is liinitecl to ~ years. APPEAL OF DI~JCISION As with any interpretation of the land use code by the Cunimunity Development Director, an applicant has the ability to appeal. this decision to the Aspen City Council. This can be done in conjunction with a land use request before City Council or as a separate agenda item. 26316.O30(A) APPEAL PROCEDURES Any person with a right to appeal an adverse decision or determination shall initiate an appeal by tiling a notice of appeal on a form prescribed by the Connnunity Development Director. The notice of appeal shall be filed with the Community Development Director ;. and with the City office or department renclerin~ the- decision or determination within t'ourteen (1~) clays of the elate of the decision or determination being appealed. Failure to file such notice of appeal within the prescribed time shall constitute a waiver of any rights under this Title to appeal any decision or determination. ORDINANCE N0.25 (SERIES OF 2003) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT, GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS, TIMESHARE, AND SUBDIVISION FOR THE ST. REGIS HOTEL, CITY OF ASPEN, PITHIN COUNTY,COLORADO. Parcel ID: 2 73 7-1828-5001 WHEREAS, the Community Development Department received an application from the SLT Aspen Dean Street, LLC (Applicant), requesting a PUD Amendment, Growth Management Quota System Exemptions, Timeshare, and Subdivision to convert 98 of the existing 257 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; to convert the existing spa facility on the Second Level of Building B to the relocated hotel offices; and to modify the, 22 approved, but un-built hotel rooms in Building C into 20 hotel rooms; and, WHEREAS, the 24 timeshare lodge units .are proposed to be sold in a minimum of 1/11th fractional interests; and, WHEREAS, the Community Development Department .received referral comments from the Aspen Consolidated Waste District, City Engineering, Building, Fire, Streets, Parks, Housing, Environmental Health, and Water Departments as a result of the Development Review Committee meeting; and, WHEREAS, the applicant has chosen to consolidate all of the land use approvals, in accordance with Section 26.304.060, so that City Council will be the final reviewing body on all land use requests; and, WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards,. the Community Development Department recommended approval for the proposed land use requests for the St. Regis Hotel; and, WHEREAS, at its meeting on March 5, 2003, the City of Aspen / Pitkin County Housing Authority forwarded a recommendation of approval to City Council at its meeting to approve the proposed employee mitigation through an audit program; and, WHEREAS, the Planning and Zoning Commission forwarded a recommendation of approval via Resolution No. 10, Series of 2003, by a vote of three to two (3 - 2), to City Council to approve a PUD Amendment, Growth Management Quota System Exemptions, Timeshare, and Subdivision; and, NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO ON THE 27th DAY OF MAY 2003, THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Aspen City Council approves the PUD Amendment, GMQS Exemptions, Timeshare, and Subdivision, subject to the following conditions: 1. The building permit application shall include: a. A copy of the final Ordinance and recorded P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A traffic management plan that addresses issues such as construction worker parking and hauling routes. 2. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. b. All tap fees, impacts fees, and building permit fees shall be paid. c. A complete set of sprinkler and alarm plans shall be submitted to the Aspen Fire Marshal in order to determine if the fire sprinkler system and alarm system is adequate. d. The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed. All sanitation-related improvements below grade shall require the use of a pumping station. The conversion from lodge units may result in additional tap fees due to the additional kitchens and other sources of wastewater. e. The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Based on the sprinkler requirements of the Fire Department, a new and larger water tap may be needed. An additional tap fee maybe assessed due to the change in use. f. The applicant shall consult the Colorado Revised Statutes (CRS) to determine the required number of type A and type B units as it pertains to food beverage service areas. American With Disabilities Act (ADA) Accessibility shall be provided to all timeshare units and to the juice bar and spa. A Temporary Certificate of Occupancy (TCO) may be issued subject to safety and Fire Department concerns being addressed to the satisfaction of the Fire Marshal and the Aspen Building Department. g. The applicant shall be subject to the soon to be adopted International Fire Code. The applicant shall submit a complete set of fire sprinkler and alarm plans to the Fire Department, Water Department and Sanitation District prior to sign-off of building permit. In addition, the applicant shall comply with new regulations requiring sprinkler heads that provide a larger flow that may impact the plumbing design, the size of the water tap, and water service fees. h. At the time of building permit, Environmental Health shall review the plans for the juice bar set-up and operations. 3. Per the Aspen Pitkin County Housing Authority Board approval of the application on March 5, 2003, the applicant shall conduct an audit, based on the standards 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), immediately after one full fiscal year following the issuance of a certificate of occupancy for the proposed new spa facility, hotel rooms, timeshare units, and residence under the following terms: a. The applicant shall retain an auditor and shall gain prior approval from the Housing Office Operations Manager for the selection of the auditor. b. The applicant shall be fully responsible for all fees associated with retaining an auditor. 4. Should the housing audit show an increase in the number of employees over those mitigated for in the original PUD approval (331 employees), the applicant shall return to the Housing Authority under the following terms: a. The applicant shall provide deed restricted, affordable housing for any additional employees of the new facilities. b. The applicant shall abide by the Aspen/Pitkin County Affordable Housing Guidelines in effect at the time of the audit. 5. Final Condominium Declarations shall be submitted to the City concurrent with the submission of the Condominium Subdivision Plat and shall include the following language regarding timeshare: a. Timeshare estates shall be made available for short-term rental when the estate is not in use by the owner of the unit, the owner's guests, or persons occupying the unit under an exchange program. Units that are available for rental shall be listed at competitive rates in a central reservation system. b. The covenants of the homeowners association shall permit walk-in rental of units. The association shall not limit rental of units to such arrangements as only weekly rentals or Saturday-to-Saturday rentals; instead the association shall permit shorter stays, split-week rentals, and similar flexible arrangements. c. Owners of timeshare estates shall be required to reserve their unidtime sufficiently far enough in advance to enable the public to obtain access to those units that are not so reserved. d. The owner of a timeshare estate shall not be permitted to occupy that estate for any period in excess of thirty (30) consecutive calendar days. e. The owner of a timeshare estate shall be prohibited from storing a vehicle in a parking space on-site when the owner is not using that estate. ~~ +~ 6. The timeshare lodge units that remain in the developer's inventory shall be made available for rental to the public while the estates are being sold, except for models and other units that are needed for marketing or promotional purposes. 7. The Applicant shall pay the City of Aspen school land dedication fees for the additional residential unit. These fees shall be due and payable at the time of issuance of a building permit for the development. 8. A PUD Agreement and Amended PUD Plan shall be recorded within 180 days of the final approval by City Council and shall include the information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). 9. The applicant shall file a Notice of PUD in the Clerk and Recorders office of Pitkin County subsequent to receipt of a development order, or prior to issuance of a building permit. 10. With this approval, the applicant shall commit to having the St. Regis Hotel open for business year around. Section 2• All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3 This Ordinance shall not effect 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 amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4•. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance 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. Section 5: A Public hearing will be held on the 27t" day of May 2003 at 5:00 p.m. in the City Council Chambers, 130 S. Galena, Aspen, CO. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 12~' day of May, 2003. ..~ ATTEST: Kathryn Koch, City Clerk Helen Kalin Klanderud, Mayor g~ MEMORANDUM TO: Mayor Klanderud and City Council THRU: Julie Ann Woods, Community Development Director FROM: Scott Woodford, City Planner RE: ST. REGIS HOTEL: (2"~ READING), PUBLIC HEARING: PLANNED UNIT DEVELOPMENT AMENDMENT, GMQS EXEMPTIONS, SUBDIVISION, AND TIMESHARE; ORDINANCE NO. ~S' ,SERIES OF 2003; DATE: May 27, 2003 The entrance to the St. Regis Hotel and Building A off of South Mill Street. Building B is located up South Mill Street toward the ski mountain and Building C is located across Dean Avenue from ~ Building A and is connected via a bridged walkway (see the site plan on the following page for how each structure sits on the site). All three buildings of the St. Regis Hotel are proposed for various interior renovations with this application. ;, PRO.1ECT: ST. REGIS HOTEL REQUEST GMQS Exemptions, Planned Unit Development (PUD) Amendment, Timeshare, and SUMMARY' • Subdivision approvals to convert 98 existing hotel rooms into 24 timeshare lodge units and one residential unit in Building B, to convert a portion of the existing meeting room, hotel office, and accessory space on the Ballroom Level of Building A into an approximately 15,300 square foot spa amenity, to relocate the hotel offices into the existing spa facility on the Second Level of Building B, and to convert 22 approved (but un-built) hotel rooms in Building C into 20 hotel rooms. P&Z VOTE: Approval with conditions (Vote: 3-2) LOCATION: 315 East Dean Street STAFF APPROVAL WTfH CONDTfIONS RECOMMENDATION: ST. REGIS HOTEL STAFF REPORT PAGE 1 ~., PROJECT SUMMARY' The applicant, SLT Aspen Dean Street, LLC, an affiliate of Starwood Hotels and Resorts, has submitted an application requesting the appropriate land use approvals to make a number of interior improvements to the St. Regis Hotel. According to the application submitted for the proposal, the applicant proposes to make over $30 million in upgrades to the hotel, citing that the changes are necessary to help the St. Regis keep pace with other luxury hotels in competing resort communities, to recover lost business and to meet changing consumer expectations. The proposed changes to the hotel include the following requests (see Floor Plans in the Application on pages 16-24 for additional help in understanding the proposal): 1.) Conversion of 98 of the existing hotel rooms located on the 2~ through the 6`~ floors in Building B into 24, two and three bedroom timeshare units and 1 whole residential unit. The applicant proposes to sell the timeshare units in 1/11' increments. 2.) Conversion of a portion of existing meeting room and pre-function space, the business center and hotel sales and accounting offices on the Ballroom Level under Building A into an approximately 15,300 square foot spa for the use of guests. 3.) Relocation of the hotel sales and accounting offices from the Ballroom Level into the renovated 4,800 square foot spa space on the 2'~ floor of Building B. 4.) Reduction of the number of un-built, but approved hotel rooms on the 2"d and 3`~ floors of Building C (Blue Spruce Building) from 22 to 20 hotel rooms (resulting in a total of 16 hotel rooms and 4-one bedroom suites). The 22 units were part of the original approval, but were never constructed. This application seeks an Amendment to the original PUD to reduce the number of units from 22 to 20. Looking from South Mill Street towards Building B, which is proposed to house the 24 proposed timeshare lodge units and one whole residential unit on the 2na through 6~` floors. With this application, no changes are proposed to the exterior of any part of the hotel. ST. REGIS HOTEL STAFF REPORT PAGE 2 If all of the changes are approved, a decrease in the number of units will result -from an existing total of 279 (257 built hotel rooms and 22 un-built, but approved hotel rooms in Building C) to 212 (187 hotel rooms, 24 timeshare lodge units and. l whole residential condominium). PROPOSED SPA: The new 15,300 square foot spa facility is proposed to consist of 3 fitness rooms, 8 treatment rooms, 8 spa/facial/therapy rooms, 4 waiting lounges, a salon, boutique, reception area, separate women's and men's changing areas, each with private steam, sauna, cold plunge, Jacuzzi, and several staff/attendant/reservations stations located on-site. In addition, there will be a small juice bar located in the spa. According to material the applicant will make in their presentation to Council, the proposed size of the new spa will be more commensurate with St. Regis competitors in Vail, Beaver Creek, Telluride, and Whistler, British Columbia, however, it will still be on the smaller side. The spas at facilities in those communities vary between 20,000 and 58,000 square feet. CONFERENCE SPACE CHANGES: As a result of the conversion of a portion of the meeting space on the Ballroom Level to the new spa, four meeting room spaces will be lost. This will leave the hotel with the existing ballroom space and three break-out, meeting rooms. Square footage-wise, the total meeting space will be reduced from 25,763 square feet to 20,813 square feet. According to the applicant's calculations, however, the hotel will continue to be able to accommodate all of the conferences they have hosted in the past even with the change. In fact, the largest group they serve utilizes 20,263 square feet, while most of the approximately 200 other groups using the facility require less space. To help replace the lost meeting space capacity, the applicant proposes to install two operable partition walls in half of the ballroom, which will provide the option of creating three, 1,500 square foot meeting spaces (out of the total 4,500 square foot space). By doing so, the hotel will increase its efficiency in handling large groups because the large ballroom is used only once during conferences for the opening and closing sessions, but not for any sessions between those times on account of the lack of the partition walls to create separate spaces. Trn~SHARE PROPOSAL: The applicant proposes to timeshare 24 of the twenty-five new units into at least 1 /11 r'' fractional interests, or Club Interests as the applicant refers to them. With sale of optional biennial interests (biennial interests give the owner the right to occupy a unit every other year), the fractional interests may be as high as 1/15"'. As each fractional interest is proposed to be sold in minimum increments of four (with each increment representing seven days) and each unit is divided into 11 different interests, a total of 44 out of the 52 weeks of the year will be sold for each unit. The remaining 8 weeks will be rented out to the general public via walk-in or through the central reservation system. In addition, the Club Interest Owners may rent out a portion or all of their Club Interests to the general public. If the Club Interests are not reserved by owners in a timely manner, the timeshare plan operator is permitted to rent them out. All changes proposed are to the interior of the building and no exterior changes or site improvements are proposed. ST. REGIS HOTEL STAFF REPORT PAGE 3 ,,~„~, ,.. REVIEW PROCESS' The applicant requests the following land use approvals for the project described above: 1) Planned Unit Development (PUD) Amendment: An Amendment to the PUD approval for the St. Regis Hotel is necessary to approve the conversion of the 98 hotel rooms into 24 timeshare lodge units and one residential unit because, according to Section 26.445.100, it is "a change in the use or character of the development". In addition, an amendment is necessary to convert the 22 un-built lodge units into 20 lodge units in Building C because it is "a change which is inconsistent with a condition or representation of the projects original approval". Prior to submitting the application, the Community Development Director determined that the proposed changes could not be considered an Insubstantial Amendment and were inconsistent with the approved final development plan, so both Planning and Zoning Commission and City Council approval of the Amendment are required. In addition, the timeshare use also requires PUD approval. Final Review Authority: City Council A view looking towards Building C of the St. Regis, which is connected to the main part of the hotel by the enclosed bridge over Dean Avenue. Although 22 hotel rooms were originally approved for Building C, the owners never constructed them and the building is only a shell with two floors. As part of this application, the applicant would like to convert them into 20 hotel rooms and construct them simultaneous to the other changes. 2) Growth Management Quota System (GMQS) Exemptions: The following GMQS Exemptions are requested: • Remodeling restoration or reconstruction of existing buildings (Section 26.470.070.A.): In order to allow the proposed remodel of the existing hotel units into timeshare lodge units, the above exemption is requested. Staff has determined that the proposal is a remodel per the Code, as the Code defines a remodel as "a construction project comprising revisions within or to elements of an existing structure, as distinct from additions to an existing structure." According to the Code, this exemption is allowed provided it does not add additional lodge units (note: timeshare units, like hotel units, are considered to be "lodge" uses in the Code) and does not involve a change of use. Exemption review is by the Community Development Director (see note below on review authority). • Change of Use (Section 26.470.070.F): This exemption is requested in order to allow the proposed conversion of hotel units into one, non-timeshared residential unit. The change of use exemption is not required for the conversion of hotel units into ST. REGIS HOTEL STAFF REPORT PAGE 4 ~~~w timeshare lodge units because both uses are considered tourist accommodations, for the purposes of the Code, and therefore is not a change of use. Final Review Authoriy Planning and Zoning Commission see note below on review authority) • Accessory Uses in a Mixed Use Development (Section 27.470.070.K): In order to allow for the reconfiguration of accessory space within the hotel, specifically the spa, meeting space, and hotel office, this exemption is requested. Final Review Authority: City Council 3) Timeshare: The applicant proposes to sell the converted hotel rooms as timeshare lodge units in 1/11' increments. To qualify as a timeshare, the proposal must comply with the Review Standards for Timeshare Lodge Development (contained in Exhibit C). Final Review Authorit~Cit~Council 4) Subdivision: Subdivision is required for creating multi-family units, for condominiumization, and for timeshare approval. The process, act, or result of dividing land into two or more separate legal interests for the purpose of transfer of ownership constitutes a subdivision. According to Section 26.480.090, a condominium plat must be submitted to the Community Development Director for review and approval as a subdivision and handled administratively. This step is usually done after the construction is significantly complete; however, as subdivision approval is technically required to approve a condominium plat (subdivision would require another City Council approval), the applicant is requesting subdivision approval for the condominiumization at this stage so that Subdivision approval will not be necessary again at the time the applicant wishes to file the condominium plat. Final Review Authority: Ci_y Council Note on Final Review Authority: Per Section 26.304.060, when more than one development approval is being sought simultaneously, the applicant may choose to combine them in order to eliminate or reduce duplication and ensure economy of time, expense and clarity. This means that, although some land use approvals require only staff approval or P&Z approval, while others require Council approval, all requested approvals may be combined and presented for review by one body. For clarity purposes, all of the above land use requests for the St. Regis will be reviewed by P&Z first, then finally by Council BACKGROUND/EXISTING CONDITIONS: The St. Regis Hotel (formerly known as the Ritz Carlton) finished construction in December of 1992. The property was purchased by the current owner in January of 1998. For information about the history of Lot 1 of the Aspen Mountain Subdivision PUD, and the St. Regis Hotel, see Page 1 of the Application. ASPEN / PITKIN COUNTY HOUSING AUTHORITY BOARD ACTION: The Housing Authority Board reviewed the application at their March 5, 2003 meeting and approved the application with the condition that the applicant be subject to an employee audit to be conducted one full fiscal year after completion of the changes. In their memo, the Housing staff indicated to the Board that they agreed with the applicant with regard to there being a reduction in the number of employees generated for the lodge ST. REGIS HOTEL STAFF REPORT PAGE S ~- ,. .:~~ and hotel because of a reduction in the number of those units, but they felt that there would be an increase of 23.3 .new employees associated with the expanded spa. Of those new employees generated, the applicant would be required to provide housing for 60%, or for 13.98 employees. In arriving at this requirement, the Housing staff used the figure of 12.8 employees per 1,000 square feet, which is the figure used in determining the employee generation for food and beverage space. The applicant contends that the food and beverage generation figure is too high for spa uses because of different employee needs and that the increase in employees generated by the spa would be more than offset by the reduction in employees required from the net loss of overall lodge units and partial reduction of conference space. According to the application, the applicant believes that there will be a net loss of 3.59 employees. Ultimately, the Housing Board was uncomfortable with requiring a factor of 12.8 employees per 1,000 square feet for the spa and, because there are no employee generation numbers for spas in the Code, the Board decided to instead require the audit within one year. The applicant agreed to the provision. In their approval, the Housing Board added a condition requiring the audit, as noted below: 1. The applicant shall conduct an audit immediately after one full fiscal year following the issuance of a certificate of occupancy for the proposed new spa facility, hotel rooms, timeshare units, and residence under the following terms: a. The applicant shall retain an auditor and shall gain prior approval from the Housing Office Operations Manager for the selection of the auditor. b. The applicant shall be fully responsible for all fees associated with retaining an auditor. 2. Should the audit show an increase in the number of employees, the applicant shall return to the Housing Authority under the following terms: a. The applicant shall provide deed restricted, affordable housing for any additional employees of the new facilities. b. The applicant shall abide by the AspenlPitkin County Affordable Housing Guidelines in effect at the time of the audit. STAFF COMMENTS ON HOUSING BOARD ACTION: The Community Development Department staff proposes a few amendments to the Housing Board's conditions of approval (specific wording of changes is in the City Council ordinance at the end of the staff report). First, staff believes that the City should hire the auditor that the applicant pays for, rather than the applicant as the Housing Board condition states, so that objectivity of the audit is ensured. Secondly, the staff is concerned with the above conditions requiring the audit one year after issuance of a C.O., which may occur during the off-season when employee numbers are reduced. An audit conducted during peak operating times in the summer or winter would result in a more accurate assessment. Finally, staff would propose that the definition of employees in the audit include both payroll and non-payroll employees so that it accurately identifies all employees associated with the operation of the hotel, including contract employees. ST. REGIS HOTEL STAFF REPORT PAGE 6 -~~,, w~. STAFF COMMENTS' PUD AMENDMENT: Any request for an Amendment to a PUD must comply with the review criteria for a PUD. Staff has reviewed the proposal against the criteria and finds that the request for PUD Amendment meets all of the applicable criteria, especially that it is in conformance with the Aspen Area Community Plan (See Exhibit A for a full analysis of Staff Findings for PUD). GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS: The applicant requests three different exemptions from the City's GMQS, as listed below. Staff comments on the proposal's compliance with the criteria follows: (For full review, see Staff Findings in Exhibit B) REMODELING RESTORATION OR RECONSTRUCTION OF EXISTING BUII.DINGS: A GMQS Exemption is requested to allow for the remodeling of 98 of the existing hotel rooms into 24 timeshare lodge units and one condominium unit. The Code states that such remodeling shall be exempt from the growth management competition and scoring procedures, provided that it does not create additional dwelling, hotel or lodge units or involve a change of use. In this instance, the number of units is being reduced and, because the Code defines both hotel and timeshare units as tourist accommodation, there is no change of use, so staff finds the request to comply with the criteria. CHANGE OF USE: A GMQS Exemption is also requested to allow for the change of use from hotel, or tourist accommodation, to residential for the proposed conversion of several hotel rooms into one whole condominium unit. There are seven criteria a request must comply with to get the exemption (all of them can be found in Exhibit B), but the two most significant criteria are that: a.) a minimal number of additional employees will be generated by the change in use and that employee housing will be provided for the additional employees generated. The applicant contends that the proposal will result in a reduction of 3.59 employees generated because of the ability of the hotel management to consolidate employees and because of the reduction in employees from the conversion to less lodge units and eliminating a portion of meeting space (a letter from Joseph Wells, representing the applicant, is attached detailing the anticipated employee needs of the St. Regis Hotel after the changes, Exhibit H). The Housing staff felt that the changes would generate 23.3 employees and be required to mitigate for 13.98 of them. The Housing Board decided to require an audit one year after the changes are complete. If the audit determines that there were more employees generated than are contemplated with this application, then the applicant shall be required to provide additional affordable housing. Based on this safeguard, staff believes that the project complies with the above criteria. For the purposes of background information, a short recount of the numbers of employees the hotel has already mitigated is provided. With the original approval for the hotel, the applicant was required to provide affordable housing. In the First Amended and Restated Planned Unit Development/Subdivision Agreement recorded in 1988, the hotel was ST. REGIS HOTEL STAFF REPORT PAGE ~ ,~. ~.,ks required to house 161.5 employees, which was based solely on lodge operations, accessory food and beverage space and accessory retail space. Employee generation for the spa was not considered as it was apparently agreed at the time, between the owner and the City, that the hotel did not generate employees beyond those generated by these three factors. The owner, however, eventually agreed to provide housing for 198.5 employees in exchange for City Council approval of a revised plan and is credited with housing 182 employees in the Alpina House, Copper Horse Lodge, Ute City, and the Hunter Longhouse. An audit, which was required of the original PUD and conducted by the Ritz Carlton (now the St. Regis) in 1998, concluded that the 198.5 employees mitigated was reasonable in accordance with the 1993-1994 payroll records. b.) a minimal amount of additional parking spaces will be demanded by the change in use and that parking will be provided. According to the application, the parking demand will be reduced by 10.33 spaces as a result of the timeshare conversion. This difference was calculated by comparing the parking demand of the net loss of the units (98 existing units - 25 proposed units = 78 net loss of units) with the number of proposed units. When the Aspen Mountain Subdivision PUD was originally approved, a parking demand study was done for the whole subdivision by TDA, Inc. and used to determine parking requirements for the hotel. The study was used to determine parking requirements rather than by the Code requirement because it was agreed by all parties that the study would provide a more accurate, site specific analysis of the parking demand. The study concluded that the peals parking demand for the hotel is in the summer and estimated that .66 spaces per lodge bedroom was sufficient during times of an average 90% occupancy rate. Parking for residential uses, similar to the proposed timeshare use, was also predicted in the report, assuming one space per 2 bedroom unit and two spaces per 3 bedroom unit. The applicant proposes to use those ratios to determine the parking demand for the 25 proposed timeshare units. 'The reduction of 10.33 spaces with the conversion was calculated as follows: Existin 78 net loss of rooms x .66 x 90% = 46.33 s aces Proposed: 14 2BR units x 1 space = 14 + 11 3BR units x 2 s aces = 22 = 36 s aces Staff believes that existing parking is more than adequate to meet the demand generated by the hotel with the proposed changes. Currently, the hotel is over-parked to the point that employees are allowed to park in the underground parking garage. In addition, it can be expected that the majority of the owners of timeshare units will arrive by air and will get around town without the need for a car because of the close proximity of the hotel to downtown and the bus station and the hotel shuttles which transport guests all around the area. ACCESSORY USES IN MIxED USE DEVELOPMENT: A GMQS Exemption is requested to allow for the relocation of the spa, business center, and hotel office, which are all considered to be accessory uses of the hotel. There are five criteria for review (found in Exhibit B). The most notable criteria is that negative impacts of accessory use on public facilities and affordable housing shall be mitigated by an agreement to provide those facilities. ST. REGIS HOTEL STAFF REPORT PAGE 8 According to the Development Review Committee (DRC) review of the proposal, there will be no adverse impact to any public facility, although additional tap fees may be assessed due to the change in use (which is addressed in a condition of approval). A condition of approval has been added requiring an audit of employees one year after operation to determine exactly how many employees work for the hotel and, therefore, how many employees are required to be mitigated for with regard to affordable housing. If the audit determines that there is no increase in the number of employees over what they have prior to the remodel, then there would be no requirement for additional housing. If the audit determines that there is an increase in the number of employees, then the applicant will be required to mitigate for them. TIMESHARE: The applicant is proposing to comply with all of the applicable review criteria for timeshare and is not requesting any variances (See Exhibit C for Staff Findings). PRESERVATION OF EXISTING LODGING INVENTORY: While staff concurs that the application will comply with the requirements of the timeshare ordinance, one provision of the ordinance warrants a closer examination, which is the following requirement: Preservation of Existing Lodging Inventory (Section 26.590.070 (C)). An express purpose of these regulations is to preserve and enhance Aspen's existing lodging inventory. Therefore, any proposal to convert an existing lodge or other property that provides short term accommodations to a timeshare lodge should, at a minimum, replace the existing number of units on the property in the planned timeshare lodge. If the applicant is unable to replace the existing number of units, then the timeshare lodge development shall replace the existing number of bedrooms on the property, or the applicant shall demonstrate how the proposal complies with the purposes of these regulations, even though the planned timeshare lodge will not replace either the existing number of units or bedrooms. The applicants proposal will reduce the number of existing lodge units and bedrooms in the St. Regis Hotel. As stated in the ordinance above, there should not be a reduction of the existing lodging inventory with a conversion, in terms of units and bedrooms. If these provisions cannot be ,met, then the ordinance goes on further to state that the applicant must demonstrate how their proposal complies with the "purposes" of the regulation. The proposed conversion will result in a reduction of the number of units in the St. Regis Hotel, from 257 hotel units to 192' hotel, timeshare, and residential units. The conversion will also reduce the number of bedrooms, from 257 to 248.. Despite the obvious reduction in both the number of units and bedrooms, the applicant contends that the hotel will actually be able to accommodate more guests with the ' It is important to note that the figure of 192 total units after the conversion includes the twenty hotel rooms in Building C that were part of the original hotel approval. While the case could be made that the 20 units should be included in the figure that represents the total number of units prior to the conversion, thereby increasing the reduction in number of units as part of this proposal, staff concluded that the ordinance requires replacement of the "existing' units. Since these units have never been constructed, they are not considered to be existing units. As the 20 units are proposed to be finished with this proposal, staff has included them in the number of replacement units. ST. REGIS HOTEL STAFF REPORT PAGE 9 .~;,~ conversion. On top of the number of post-conversion bedrooms, the applicant also proposes counting sleeper sofas in each of the 24 timeshare suites towards what they refer to as the overall number of "sleeping facilities". With the addition of the sleeper sofas, the number of sleeping facilities will increase from the existing, 257 to 272 after the conversion. While staff would prefer that the applicant replace the number of units proposed to be lost with the conversion, we find that because the timeshare units will likely replace at least the number of visitors to the hotel lost with the conversion, as well as the inclusion of the sleeper sofas in the overall equation (which do provide valuable extra sleeping space, especially for children) that the proposal complies with the "purposes" of the regulation. FISCAL IMPACT ANALYSIS AND MITIGATION: According to the timeshare ordinance, any applicant proposing to convert an existing lodge to a timeshare lodge development shall be required to demonstrate that the proposed conversion will not have a negative tax consequence for the City. On pages 38-46 of the Application, the applicant makes the case that there will be a shortfall during the years 2003 and 2004 due to construction activity converting the hotel rooms to timeshare and the spa, but after that the property, sales and bed tax would exceed the amount the City collected from the property in the past. The City Finance Department Director has been in consultation with the applicant regarding this issue and a report with his findings will be distributed to City Council under a separate cover prior to the meeting. ~~f e ~ caf'f ~~.~.e.( of ~t~~c, of n+.;~ P4c~-1 SUBDIVISION: Subdivision approval is necessary to approve the creation of separate legal interests so that the timeshare lodge. units may be conveyed separately. Given that the subdivision review, in this instance, is related to the creation of the timeshare lodge units and the changes are all interior to the existing building, much of the subdivision review criteria is not applicable. The development does comply .with the criteria that is applicable, such as whether the proposed subdivision is consistent with the Aspen Area Community Plan and whether it is consistent with the character of the surrounding area (See full Staff Findings for Subdivision in Exhibit D). DEVELOPMENT REVIEW COMMITTEE (DRC) REFERRAL COMMENTS: The DRC meeting was held on February 19, 2003. The minutes from that meeting are contained in Exhibit I. No significant issues were raised by the DRC. STAFF SUMMARY AND RECOMMENDATION: Staff recommends approval of a PUD Amendment, Growth Management Quota System Exemptions, Timeshare, and Subdivision for the St. Regis Hotel. RECOMMENDED MOTION: "I move to approve Ordinance No.`~, Series of 2003, for a PUD Amendment, GMQS Exemptions, Timeshare, and Subdivision for the St. Regis Hotel." ATTACHMENTS: Exhibit A: PUD Amendment -Staff Findings Exhibit B: Growth Management Quota System -Staff Findings ST. REGIS HOTEL STAFF REPORT PAGE 10 .._ Exhibit C: Timeshare -Staff Findings Exhibit D: Subdivision -Staff Findings Exhibit E: Approved P&Z Resolution Exhibit F: P&Z Minutes Exhibit G: Housing Authority Memorandum Exhibit H: Letter from Joseph Wells (Re: Employee Housing) Exhibit I: Development Review Committee (DRC) Minutes Exhibit J: Application ~r ~ ~. ~~q ~ ~~~~ ~~f; ~-.~'GOrn ~~ _ ~ .~ sue- ~ ~N~ l ~~r~s~. ~ 7'~~p~as~~i~'~-' `U ~ ~~ ` .~~ ass j ~ ~~ .t ~~ ~~~ ~~I. C -~ ~~~y r~ ST. REGIS HOTEL STAFF REPORT PAGE 11 ~:,~ °: ORDINANCE N0. (SERIES OF 2003) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT, GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS, TIMESHARE, AND SUBDIVISION FOR THE ST. REGIS HOTEL, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2 73 7-1828-5001 WHEREAS, the Community Development Department received an application from the SLT Aspen Dean Street, LLC (Applicant), requesting a PUD Amendment, .Growth Management Quota System Exemptions, Timeshare, and Subdivision to convert 98 of the existing 257 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; to convert the existing spa facility on the Second Level of Building B to the relocated hotel offices; and to modify the 22 approved, but un-built hotel rooms in Building C into 20 hotel rooms; and, WHEREAS, the 24 timeshare lodge units are proposed to be sold in a minimum of 1/11' fractional interests; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Waste District, City Engineering, Building, Fire, Streets, Parks, Housing, Environmental Health, and Water Departments as a result of the Development Review Committee meeting; and, WHEREAS, the applicant has chosen to consolidate all of the land use approvals, in accordance with Section 26.304.060, so that City Council will be the final reviewing body on all land use requests; and, WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Department recommended approval, with conditions, for the proposed land use requests for the St. Regis Hotel; and, WHEREAS, at its meeting on March 5, 2003, the City of Aspen / Pitkin County Housing Authority forwarded a recommendation of approval to City Council at its meeting to approve the proposed employee mitigation through an audit program; and, WHEREAS, the City of Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and, WHEREAS, the Planning and Zoning Commission forwarded a recommendation of approval via Resolution No. 10, Series of 2003, by a vote of three to two (3 - 2), to ST. REGIS HOTEL STAFF REPORT PAGE 12 ,,"*~w ~,. City Council to approve a PUD Amendment, Growth Management Quota System Exemptions, Timeshare, and Subdivision; and, NOW, THEREFORE BE IT RESOLVED BY THE ASPEN CITY COUNCIL THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Aspen City Council approves the PUD Amendment, GMQS Exemptions, Timeshare, and Subdivision, subject to the following conditions: 1. The building permit application shall include: a. A copy of the final Ordinance. b. The conditions of approval printed on the cover page of the building permit set. c. A traffic management plan that addresses issues such as construction worker parking and hauling routes. 2. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. b. All tap fees, impacts fees, and building permit fees shall be paid. c. A complete set of sprinkler and alarm plans shall be submitted to the Aspen Fire Marshal in order to determine if the fire sprinkler system and alarm system is adequate. d. The Applicant shall comply with the Aspen Consolidated Sanitation District's .rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed. All sanitation-related improvements below grade shall require the use of a pumping station. The conversion from lodge units may result in additional tap fees due to the additional kitchens and other sources of wastewater. e. The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Based on the sprinkler requirements of the Fire Department, a new and larger water tap may be needed. An additional tap fee maybe assessed due to the change in use. f. The applicant shall consult the Colorado Revised Statutes (CRS) to determine the required number of type A and type B units as it pertains to food/beverage service areas. American With Disabilities Act (ADA) Accessibility shall be provided to all timeshare units and to the juice bar and spa. A Temporary Certificate of Occupancy (TCO) may be issued subject to safety and Fire Department concerns being addressed to the satisfaction of the Fire Marshal and the Aspen Building Department. g. The applicant shall be subject to the soon to be adopted International Fire Code. The applicant shall submit a complete set of fire sprinkler and alarm plans to the Fire Department, Water Department and Sanitation District prior to sign-off of building permit. In addition, the applicant shall comply with new regulations ST. REGIS HOTEL STAFF REPORT PAGE 13 ,, requiring sprinkler heads that provide a larger flow that may impact the plumbing design, the size of the water tap, and water service fees. h. At the time of building permit, Environmental Health shall review the plans for the juice bar set-up and operations. 3. Per the Aspen Pitkin County Housing Authority Board approval of the application on March 5, 2003, the applicant shall conduct an audit, based on the standards of the previous audit (of Section B-4G of the ls` Amended and Restated Subdivision Agreement, recorded in Book 574, Page 792 of the Pitkin County Clerk and Recorder), after one full fiscal year from the date of issuance of the certificate of occupancy for the proposed new spa facility, hotel rooms, timeshare units, and residence under the following terms: a. The Housing Office Operations Manager shall select and retain the auditor. b. The applicant shall be fully responsible for all fees associated with retaining an auditor. c. The audit shall occur during the peak season for the hotel (e.g. July or late December) 2. Should the housing audit show an increase in the number of employees over those mitigated for in the original PUD approval (331 employees, or 60% of 331 which equals 198.5 employees), the applicant shall return to the Housing Authority under the following terms: a. The applicant shall provide deed restricted, affordable housing for any additional employees of the new facilities. b. The applicant shall abide by the Aspen/Pitkin County Affordable Housing Guidelines in effect at the time of the audit. c. The term employee shall include all payroll and non-payroll employees. 5. Final Condominium Declarations shall be submitted to the City concurrent with the submission of the Condominium Subdivision Plat and shall include the following language regarding timeshare: a. Timeshare estates shall be made available for short-term rental when the estate is not in use by the owner of the unit, the owner's guests, or persons occupying the unit under an exchange program. Units that are available for rental shall be listed at competitive rates in a central reservation system. b. The covenants of the homeowners association shall permit walk-in rental of units. The association shall not limit rental of units to such arrangements as only weekly rentals or Saturday-to-Saturday rentals; instead the association shall permit shorter stays, split-week rentals, and similar flexible arrangements. c. Owners of timeshare estates shall be required to reserve their unit/time sufficiently far enough in advance to enable the public to obtain access to those units that are not so reserved. The term "sufficiently" shall be specifically defined, in terms of minimum number of days notice required. d. The owner of a timeshare estate shall not be permitted to occupy that estate for any period in excess of thirty (30) consecutive calendar days. ST. REGIS HOTEL STAFF REPORT PAGE 14 e. The owner of a timeshare estate shall be prohibited from storing a vehicle in a parking space on-site when that owner is not using the estate. 6. The timeshare lodge units that remain in the developer's inventory shall be made available for rental to the public while the estates are being sold, except for models and other units that are needed for marketing or promotional purposes. 7. The Applicant shall pay the City of Aspen school land dedication fees for the additional residential unit. These fees shall be due and payable at the time of issuance of a building permit for the development. 8. A PUD Agreement and Amended PUD Plan shall be recorded within 180 days of the final approval by City Council and shall include the information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). 9. The applicant shall file a Notice of PUD in the Clerk and Recorders office of Pitkin County subsequent to receipt of a .development order, or prior to issuance of a building permit. 10. With this approval, the applicant shall commit to having the St. Regis Hotel open for business year around. Section 2• All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3• This Ordinance shall not effect 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 amended as herein provided, and the same shall be conducted and ~ concluded under such prior ordinances. Section 4• If any section, subsection, sentence, clause, phrase, or portion of this Ordinance 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 6~' day of May, 2003. ATTEST: ST. REGIS HOTEL STAFF REPORT PAGE 15 ~, ,,.,.n. ~tr^ or size of any Unit, to materially alter or modify the appurtenances to any Unit, or to change the proportion or percentage of any Owner's interest in the Common Elements, without the unanimous consent of all Owners directly affected thereby. No amendment shall serve to shorten the term of any member of the Board of Managers, or conflict with CIOA or delete any provision which must be contained in these Bylaws under the terms of CIOA, or conflict with the Articles of Incorporation of the Association or the Declaration. Section 7.2 Compliance with CIOA. These Bylaws are intended to comply with the requirements of CIOA. If any of these Bylaws conflict with the provisions of CIOA, the provisions of CIOA will govern the Association. Section 7.3 Conflict between Documents. In the case of any conflict between the Rules and Regulations and the Articles of Incorporation of the Association, these Bylaws, or the Declaration, the Articles of Incorporation of the Association, these Bylaws or the Declaration shall control. In the case of any conflict between the Articles of Incorporation of the Association and these Bylaws, the Articles of Incorporation of the Association shall control. In the case of any conflict between the Declaration and these Bylaws or the Articles of Incorporation of the Association, the Declaration shall control. ARTICLE 8. COMMITTEES The Board of Managers may appoint such committees as deemed appropriate which, to the extent provided for in the resolution appointing the Committee and allowed by law, shall have the powers of the Board of Managers in the management and affairs and business of the Association. ARTICLE 9. BOOKS AND RECORDS Section 9.1 Records and Audits. The Association shall maintain fmancial records. Within one hundred twenty (120) days after the close of each fiscal year, the Association shall disseminate to the Owners a fmancial report consisting of a balance sheet, operating (income) statement and statement of net changes in the financial position of the Association during the fiscal year, and together with a list of the names, mailing addresses and telephone numbers of the current members of the Board of Managers. If such financial report is not prepared by an independent accountant, it shall be prepared by the Managing Agent or by an officer of the Association and accompanied by a certificate of the person preparing the report that the statement was prepared from the books and records of the Association without independent audit or review. For any fiscal year in which the gross income of the Association exceeds $75,000, such financial report shall also be accompanied with a review of the report prepared in accordance with generally accepted accounting principles by a licensee of the Colorado State Board of Accountancy. The cost of any audit or review shall be a Common Expense unless otherwise provided in the Declaration. Section 9.2 Examination. All records maintained by the Association or the Managing Agent shall be available for examination and copying by any Owner or by any of their duly authorized attorneys, at the expense of the person examining the records, during normal business hours and after reasonable notice. The Board of Managers shall establish reasonable rules with CO_DOCS_A #139268 v3 1 ~ a..,~ respect to:Notice to be given to the Managing Agent or other custodian of the records by the Owner desiring to make the inspection or to obtain copies; (b) Hours and days of the week when such an inspection maybe made; and (c) Payment of the cost of reproducing copies of documents requested by an Owner. Section 9.3 Records. The Association shall keep the following records: (a) An account for each Unit and Club Interest, which shall designate the name and address of each Owner, the name and address of each mortgagee who has given notice to the Association that it holds a mortgage on the Unit or Club Interest, the amount of each Common Expense Assessment, the dates on which each Assessment comes due, the amounts paid on the account and the balance due; (b) The current operating budget; (c) A record of insurance coverage provided for the benefit of Owners and the Association; (d) Tax returns for state and federal income taxation; (e) Minutes of proceedings of incorporators, Owners, Board of Managers and its committees, and waivers of notice; (f) A copy of the most current versions of the Articles of Incorporation, Declaration, these Bylaws, Rules and Regulations, and resolutions of the Board of Managers, along with their exhibits and schedules; and (g) Such other records as the Board of Managers shall determine from time to time are necessary or desirable. Section 9.4 Roster. In addition to keeping the other records listed in this Article 9, the Association shall annually compile a roster of the name and address of each of its Members (the "Roster"). The Association shall provide a copy of the Roster to any Member upon: (i) receipt of a written request from such Member, stating the reason for the request; and (ii) execution by the Member, and receipt by the Association, of a confidentiality agreement and affidavit ("Confidentiality Agreement"), in a form reasonably accepta'ole to the Association, stating that the Roster will be used only for purposes reasonably related to the Member's interest in the Association. Each Member who requests and receives a copy of the Roster thereby agrees that he or she will not make any commercial use of the Roster and will not distribute a copy of the Roster or any portion thereof to any third party. The Board may establish and charge a reasonable fee for processing and issuance of any Roster requests and Confidentiality Agreements, and payment of any expenses associated therewith. Section 9.5 Examination by Board of Managers. Each member of the Board of Managers shall have the absolute right at any time to inspect all books, records and documents of CO_DOCS A #139268 v3 18 .~., the Association and all physical properties owned or controlled by the Association. The right of inspection by the Board includes the right to make extracts and copies of records, subject to the provisions of Section 9.4. ARTICLE 10. CORPORATE SEAL The Association may have a seal or stamp in circular form having within its form the words: "the Aspen Residence Club and Hotel Condominium Association, Inc." ARTICLE 11. FISCAL YEAR The fiscal year of the Association shall begin on the first day of January and end on the 31st day of December of every year, except that the first fiscal year shall begin on the date of incorporation. The Board of Managers may by amendment to the Bylaws establish a different fiscal year for the Association. ARTICLE 12. RULES AND REGULATIONS The Board of Managers shall have the right to establish, amend, and enforce, from time to time, such Rules and Regulations as the Board of Managers may deem necessary and appropriate for the management, preservation, safety, control, and orderly operation of the Condominium Project for the benefit of all Owners and Occupants, and for facilitating the greatest and most convenient availability and use of the Units and Common Elements by Owners and Occupants, provided such Rules and Regulations may not conflict with the provisions of the Declaration, including without limitation, the Hotel Reserved Rights. Such Rules and Regulations may include a system of late charges and/or interest for untimely payment of Assessments, fees for review by the Association of matters required under the Declaration, and fees and fines for noncompliance with the Rules and Regulations and other obligations set forth in the Declaration and these Bylaws. The Board of Managers shall provide notice of the adoption or amendment of any Rules and Regulations and make such amended Rules and Regulations available for inspection by all Owners, Occupants, contract purchasers and Eligible First Mortgagees during convenient weekday business hours at the principal office of the Association. Such Rules and Regulations may, to the extent not in conflict with the provisions of the Declaration, the Articles of Incorporation of the Association and these Bylaws, impose reasonable restrictions upon the use and occupancy of any portion of the Condominium Project as the Board of Managers, in its sole and absolute discretion, deems necessary and appropriate. Each Owner agrees that all his or her ownership rights shall be in all respects subject to the Rules and Regulations, and each Owner agrees to obey such Rules and Regulations as the same may lawfully be amended from time to time, and to ensure that the same are faithfully observed by Occupants of his or her Unit. Each person who comes within the Condominium Project shall be subject to the Rules and Regulations for the duration of his presence therein. A copy of the Rules and Regulations, as amended from time to time, shall be made available to Owners, Occupants, contract purchasers and Eligible First Mortgagees upon request and payment of a reasonable fee. ARTICLE 13. MEMBERSHIP RIGHTS AND PRIVILEGES CO_DOCS A #139268 v3 19 "' ,,, ~,° Section 13.1 Rig~its and Privileges of Members. No member shall have the right, without the prior approval of the Board, to exercise any of the powers or to perform any of the acts delegated to the Board by these Bylaws or the Declaration. Each member shall have all of the rights and privileges, including but not limited to property rights and easement rights of access over and use and enjoyment of the Common Elements, granted to the members by the Declaration, subject to such limitations as maybe imposed in accordance therewith. Section 13.2 Suspension of Ri ts. The Board of Managers may, without notice or hearing, suspend the rights of use and/or the voting rights of any Owner for the period during which any Assessment or other amount owed by such Owner to the Association remains unpaid and delinquent; provided, however, that the Board of Managers may delegate its authority under this subsection 13.2 to the Managing Agent, and the suspension shall relate specifically to the Club Interest with respect to which such amounts are owed to the Association. (a) The Board of Managers shall also have the right to suspend such use rights and/or voting rights and to impose monetary penalties for any other failure to comply with the Declaration or the Rules and Regulations by any owner or his Occupants; provided that any such suspension of use rights and/or voting rights shall be made or monetary penalties imposed by the Board of Managers only after notice and hearing (as provided in the Declaration) and that such suspension of use rights and/or voting rights shall relate specifically to the Club Interest with respect to which the Owner is in noncompliance. (b) No suspension of use rights and/or voting rights or imposition of monetary penalties against an Owner shall be effective unless and until written notice has been given to the Owner of the suspension, the reason(s) therefore and the length thereof. ARTICLE 14. INTERPRETATION The provisions of these Bylaws shall be liberally construed to effect the purpose of ensuring that the Condominium Project shall at all times be operated and maintained in a manner so as to optimize and maximize its enjoyment and utilization by each Owner and Occupant. The undersigned, being all of the members of the Board of Managers of the Aspen Residence Club and Hotel Condominium Association Inc. have approved and executed these Bylaws as of the day of , 200_ [signature blocks to be inserted) CO_DOCS_A #139268 v3 20 >;.,~r BYLAWS OF THE ASPEN RESIDENCE CLUB AND HOTEL CONDOMINIUM ASSOCIATION, INC., A Colorado non-profit corporation CO_DOCS_A #139268 v3 ~,, BYLAWS OF THE ASPEN RESIDENCE CLUB AND HOTEL CONDOMINIUM ASSOCIATION, INC. Table of Contents Page ARTICLE 1. PURPOSES, ASSENT OF UNIT OWNERS, AND DEFINITIONS ....................... 1 Section 1.1 Purposes .................................................................................................... .. 1 Section 1.2 Assent ........................................................................................................ .. 1 Section 1.3 Definitions ................................................................................................. .. 1 ARTICLE 2. MEMBERSHIP ....................................................................................................... .. 1 Section 2.1 Membership .............................................................................................. .. 1 Section 2.2 Responsibilities of Owners ....................................................................... .. 1 Section 2.3 Membership Certificates ............................................................................. 1 Section 2.4 Voting Rights ............................................................................................ .. 2 ARTICLE 3. MEETINGS OF OWNERS .................................................................................... .. 2 Section 3.1 Place of Meeting ....................................................................................... .. 2 Section 3.2 Annual Meetings ....................................................................................... .. 2 Section 3.3 Special Meetings ......................................................................................... 2 Section 3.4 Notice of Meetings ...................................................................................... 2 Section 3.5 Meeting to Approve Annual Budget ........................................................... 2 Section 3.6 Adjourned Meetings .................................................................................... 3 Section 3.7 Proxies ......................................................................................................... 3 Section 3.8 Designation of Voting Representative--Proxy ............................................ 3 Section 3.9 Club Interests--Proxy .................................................................................. 4 Section 3.10 Quorum ....................................................................................................... 4 Section 3.11 Voting ......................................................................................................... 4 Section 3.12 Waiver of Meeting and Consent to Action ................................................. 5 Section 3.13 Action by Written Ballot ............................................................................. 5 ARTICLE 4. BOARD OF MANAGERS ....................................................................................... 6 Section 4.1 Number and Qualification ........................................................................... 6 Section 4.2 Required Election of Owners ....................................:................................. 6 Section 4.3 Declarant Control of the Association .......................................................... 6 Section 4.4 Election and Term of Office ....................................................................... 7 Section 4.5 Removal of Members of the Board of Managers ........................................ 7 Section 4.6 Vacancies .................................................................................................... 8 Section 4.7 Quorum of the Board of Managers ............................................................. 8 Section 4.8 Place and Notice of the Board of Managers Meetings ............................... 8 Section 4.9 Powers and Duties ....................................................................................... 9 Section 4.10 Managing Agent ........................................................................................ 11 Section 4.11 Compensation of the Members of the Board of Managers ....................... 12 Section 4.12 Board of Managers Meetings .................................................................... 12 Section 4.13 Minutes of Meetings ................................................................................. 12 ARTICLE 5. OFFICERS AND THEIIZ DUTIES ...........................................................z............ 12 CO_DOCS_A #139268 v3 =ate f Section 5.1 Enumeration of Officers ................................................................ Section 5.2 Election of Officers ........................................................................ Section 5.3 Term . ............................................................................................ Section 5.4 Special Appointments .................................................................... Section 5 5 Resignation and Removal .............................................................. . Section 5.6 Vacancies .................................................................................... Section 5.7 Multiple Offices .......................................................................... Section 5.8 Duties .......................................................................................... Section 5.9 Execution of Instruments ............................................................ Section 5.10 Statements of Unpaid Assessments ............................................ ARTICLE 6. INDEMNIFICATION OF MEMBERS OF THE BOARD OF MANAGERS AND OFFICERS ......................................................................... Section 6.1 Actions Other than by or in the Right of the Association........... Section 6.2 Actions by or in the Right of the Association ............................. Section 6.3 Successful on the Merits ............................................................. Section 6.4 Determination Required .............................................................. Section 6.5 Payment in Advance of Final Disposition .................................. Section 6.6 No Limitation of Rights .............................................................. Section 6.7 Directors and Officers Insurance ................................................ ARTICLE 7. BYLAWS .................................................................................................. Section 7.1 Amendments ............................................................................... Section 7.2 Compliance with CIOA .............................................................. Section 7.3 Conflict between Documents ...................................................... ARTICLE 8. COMMITTEES ......................................................................................... ARTICLE 9. BOOKS AND RECORDS ........................................................................ Section 9.1 Records and Audits ....:................................................................ Section 9.2 Examination ................................................................................ Section 9.3 Records ....................................................................................... Section 9.4 Roster .......................................................................................... Section 9.5 Examination by Board of Managers ........................................... ARTICLE 10. CORPORATE SEAL .............................................................................. ARTICLE 11. FISCAL YEAR ....................................................................................... ARTICLE 12. RULES AND REGULATIONS ............................................................. ARTICLE 13. MEMBERSHIP RIGHTS AND PRIVILEGES ...................................... Section 13.1 Rights and Privileges of Members .............................................. Section 13.2 Suspension of Rights ................................................................... ARTICLE 14. INTERPRETATION ............................................................................... .............. 14 .............. 15 .............. 15 .............. 15 .............. 15 .............. 16 .............. 16 .............. 16 .............. 16 .............. 16 .............. 17 .............. 17 .............. 17 .............. 17 .............. 17 .............. 17 .............. 18 .............. 18 .............. 18 .............. 19 .............. 19 .............. 19 .............. 19 .............. 20 .............. 20 .............. 20 CO DOCS A #139268 v3 11 ,~_ ~,. ,, ~,F,.~ ASPEN PLANNING & ZONING COMMISSION -Minutes- APRIL 15, 2003 CONTINUED PUBLIC HEARING (03/18/03): ExffiBIT F ST REGIS PUD AMENDMENT, TIMESHARE P&Z Nlnvu~rEs Jasmine Tygre opened the continued public hearing for the St. Regis PUD amendment and timeshare. Gideon Kaufman, representative for the applicant, stated that most businesses that are 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 Starwood 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 additiona14,500 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 1.00%. 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. McLennan said that the 3 hotels share business with certain groups with a town 5 N PLANNING t ,~,. „~ ZONING COMMISSION -Minutes- APRIL 1522003 wide event rather than only a hotel. Kaufman 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 10 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. McLennan 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 Stanwood Vacation Homes, a subsidiary of Stanwood 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 property (1) the owner use (2) 6 ~,~ ~ .~ ASPEN PLANNING & ZONING COMMISSION -Minutes- APRIL 15 2003 exchange companies that provide or honored guest program for trado-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, 51 weeks and the owners came from the west and the Front Range. Dylan Johns noted the Hobson/Ferrani reports talked about the timeshare market in Telluride, which was overbuilt in the timeshare 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 full. Averil felt comfortable with the benefit of the spa, 25 units with a branded benefit and the proximity of the town to be attractive to the consumer. Johns asked the typical demographics of the buyers. Averil replied that the average age was 45 to 55. 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 Maui 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 1 lth, which was a 4 week ownership including summer, winter and midterm beginning in the 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 refuse 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 Stanwood Resorts. Kruger asked how the 24 or 25 rooms to be time-shared were ascertained. Averil answered that the high-end luxury 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. Kruger requested the sale tools. Averil answered that it would take on 2-3 months with a 7 ~,~*:~ 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 relationship with the St. Regis for overflow 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 'I'ygre 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 8 :. ~,.~.- ` 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 St. 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 of 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. Kaufman stated that the Hobson/Ferrani report stated in a memo that updated . annual occupancies of fractional residence club at Rocky Mountain Ski areas and clarify 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, the 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 of a 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 maybe time-shared out; he was trying to find the positives of this project. Kaufman reiterated that the representation for the record was part 9 ~: , 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 of people 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. McLennan 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 riever experienced this level of cooperation between three hotels. Cohen asked in the case of a timeshare unit, if it were vacant would awalk-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. 10 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 Amendment; Growth Management Quota System Exemptions, Timeshare, and Subdivision to convert 98 existing hotel rooms.into 24 timeshare lodge units and one residential unit, to convert a portion of the existing meeting room, hotel office, and accessory space on the Ballroom Level into an approximately 15,300 square foot spa amenity, and to convert the existing spa facility on the Second Level of Building B to relocated hotel offices; subject to the following conditions: 1. The building permit application shall include: (a) A copy of the final Ordinance and recorded P&Z Resolution. (b) The conditions of approval printed on the cover page of the building permit set. (c) A traffic management plan that addresses issues such as construction worker parking and hauling routes. 2. Prior to issuance of a building permit: (a) The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. (b) All tap fees, impacts fees, and building permit fees shall be paid. (c) A complete set of sprinkler and alarm plans shall be submitted to the Aspen Fire Marshal in order to determine if the fire sprinkler system and alarm system is adequate. (d) The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed. All sanitation-related improvements below grade shall require the use of a pumping station. The conversion from lodge units may result in additional tap fees due to the additional kitchens and other sources of wastewater. (e) The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title S (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Based on the sprinkler requirements of the Fire Department, a new and larger water tap maybe needed. An additional tap fee maybe assessed due to the change in use. (f) The applicant shall consult the Colorado Revised Statutes (CRS) to determine the required number of type A and type B units as it pertains to food beverage service areas. American With Disabilities Act (ADA) Accessibility shall be provided to all timeshare units and to the juice bar and spa. A Temporary Certificate of Occupancy (TCO) may be issued subject to safety and Fire Department concerns being addressed to the satisfaction of the Fire Marshal and the Aspen Building Department. (g) The applicant shall be subject to the soon to be adopted International Fire Code. The applicant shall submit a complete set of fire sprinkler and alarm plans to the Fire Department, Water Department and Sanitation District prior to sign-aff of building permit. In addition, the applicant shall comply with new regulations requiring sprinkler heads that provide a larger flow that may impact the plumbing design, the size of the water tap, and water service fees. (h) At the time of building permit, Environmental Health shall review the plans for the juice bar set-up and operations. 3. Per the Aspen Pitkin County Housing Authority Board approval of the application on March 5, 2003, the applicant shall conduct an audit, based on the standards 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), immediately after one full fiscal year following the issuance of a certificate of occupancy for the proposed new spa facility, hotel rooms, timeshare units, and residence under the following terms: (a) The applicant shall retain an auditor and shall gain prior approval from the Housing Office Operations Manager for the selection of the auditor. (b) The applicant shall be fully responsible for all fees associated with retaining an auditor. 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, affordable housing for any additional employees of the new facilities. (b) The applicant shall abide by the Aspen/Pitkin 11 ~,,.. 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 shall be made available for short-term rental when the estate is not in use by the owner of the unit, the owner's guests, or persons occupying the unit under an exchange program. Units that are available for rental shall be listed at competitive rates in a central reservation system. (b) The covenants of the homeowners association shall permit walk-in rental of units. The association shall not limit rental of units to such arrangements as only weekly rentals or Saturday-to-Saturday rentals; instead the association shall permit shorter stays, split-week rentals, and similar flexible arrangements. (c) Owners of timeshare estates shall be required to reserve their unit/time sufficiently far enough in advance to enable the public to obtain access to those units that are not so reserved. (d) The owner of a timeshare estate shall not be permitted to occupy that estate for any period in excess of 30 consecutive calendar days. (e) The owner of a timeshare estate shall be prohibited from storing a vehicle in a parking space on-site when the owner is not using that estate. 6. The timeshare lodge units that remain in the developer's inventory shall be made available for rental to the public while the estates are being sold, except for models and other units that are needed for marketing or promotional purposes. 7. The Applicant shall pay the City of Aspen school land dedication fees for the additional residential unit. These fees shall be due and payable at the time of issuance of a building permit for the development. 8. A PUD Agreement and Amended PUD Plan shall be recorded within 180 days of the final approval by City Council and shall include the information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). 9. The applicant shall file a Notice of PUD in the Clerk and Recorders office of Pitkin County subsequent to receipt of a development order, or prior to issuance of a building permit. 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. ckie Lothian, Deputy City Clerk 12 ` EXHIBIT G HOUSING AUTHORITY MEMO MEMORAN~~.,. TO: Scott Woodford, Community Development Department FROM: Aspen/Pitkin County Housing Authority DATE: 6 March 2003 RE: St. Regis Hotel, Aspen Mountain Subdivision PUD Redevelopment/Amendment ISSUES: The applicant is proposing to convert lodge units into fractional-timeshare units; remove existing meeting rooms and relocate existing office space thereby allowing for a new full-service spa facility in their place; construct 20 new hotel rooms in a currently unoccupied building; and build a new residential unit within the main building. The proposal calls for converting 98 existing lodge units into 25 residential timeshare units. The applicant is also proposing to install a new spa facility of 15,300 square feet consisting of 3 fitness centers; 8 treatment rooms; 8 spa/facial/therapy rooms; 4 waiting lounges; a salon; a boutique; a reception area; separate men's and women's changing areas both with a private steam, sauna, cold plunge and Jacuzzi; and several staff/attendant/reservation stations located on-site. The project consists of the six-story St. Regis Hotel with a total floor affected area of 97,310 square feet. The applicant states that no expansion of the property is proposed, and that all proposed remodels are limited to the area contained within .the existing hotel structure. The proposal calls for 5,165 square feet of office space to be relocated to the existing 4,800 square foot spa facility on the second level of Building B. The new spa facility will be located in the vacated office and meeting room space. The timeshare lodges and residence will be situated among the 2"d through the 6th floors in place of existing lodge units. The- new lodge units will be placed in the Blue Spruce Building that is currently unoccupied. BACKGROUND: The site is located at the base of Aspen Mountain. Starwood Hotels and Resorts is the owner of the Hotel property. The original owner, John H. Roberts Jr. submitted the Aspen Mountain PUD and Subdivision in 1983. The City Council granted final approval of the PUD in 1985. In 1987, Savanah Limited Partnerships purchased Lots 1 through 5 comprising the Aspen Mountain PUD _.~ ,~.~~ and submitted an Amended PUD/Subdivision. The City Council approved the First Amended and Restated Planned Unit Development/Subdivision Agreement in 1988. Later amendments followed in 1990 such that the development approvals of 1985 differ from subsequent amendments and the actual construction configuration of the hotel first named the Ritz-Carlton. The City of Aspen approved a total of 329 lodge units for the Hotel. Hotel construction came to completion at the close of 1992. Twenty of twenty-two lodge units that were approved for the Blue Spruce Building, but never constructed, are proposed to be completed as a part of this proposal. The original PUD Agreement was .credited with 182 employees housed in the Alpina Haus, the Copper Horse Lodge, Ute City, and Hunter Longhouse. This agreement was required to house 60% of the net new employees. Additionally, because of the demolition of existing residential structures on the site, a housing replacement of 30 employees was required. These requirements resulted in 161.5 employees that are to be provided with affordable housing and 29 employees that are to be housed from the demolition of the existing residential units, as proposed the PUD. According to the applicant, the then owner, Savanah Limited Partnership, agreed to provide housing for 198.5 employees in exchange for a City Council approval of a revised development proposal. Proposal: The remodel will consist of 7three-bedroom timeshare units, and 6 two-bedroom timeshare units on the 3rd through 6~' floors of the hotel with a total of 24 lockout keys and one residential unit. Additionally the remodel will include 16 new lodge units and 4one-bedroom lodge suites in Building C. The hotel lodge units will be reduced from 257 to 179, with the addition of 24 timeshare units and one residential unit according to the applicant. DISCUSSION: Affordable Housing Units: Section 1, Priorities for Affordable Housing Units, of the Aspen/Pitkin County Affordable Housing Guidelines establishes the following equal priority unit types based on current needs: • For-sale type units whereby the average sales price is no higher than Category 3 and the units consist of one-bedroom and two-bedroom units, with associated RO units. • Family oriented sales units (Category 3 and 4). The applicant is not proposing any units. This form of mitigation does not meet the full intent of Section 1. The APCHA Affordable Housing Guidelines establishes the preferred option to obtain credit for providing deed-restricted affordable housing units under the City's Growth Management Quota System as follows: On-Site Housing -affordable housing units located either on the same site as, or attached to, the proposed development. Off-Site Housing -affordable housing units located within the Aspen Metro Area and approved by the Aspen/Pitkin County Housing Authority. Cash-in-Lieu or Land-in-Lieu -payment of an affordable housing dedication fee or a donation of land. The preference of cash or land shall be determined on a case-by-case basis. The applicant is not proposing any housing, which does not meet the intent of this Section. Section 2 of the Aspen/Pitkin County Affordable Housing Guidelines requires that all affordable housing units meet the size, type, income, and occupancy requirements contained in the Guidelines. Section 2, Affordable Housing Units Required for Mitigation, of the Aspen/Pitkin County Affordable Housing Guidelines establishes the following provisions for an applicant to select from for all affordable housing units required as mitigation for residential or commercial development in order to obtain credit under the Growth Management Quota System: Production of new dwelling units deed restricted in perpetuity to rental and sale price terms as defined in the Guidelines. Conversion of existing dwelling units to deed restricted units. Payment of Land-in-lieu The applicant is not proposing any new housing units. This provision does not meet the intent of Section 2 of the Guidelines. REQUIREMENT: There are two types of mitigatory requirements for affordable housing which this proposed application is subject to, including the timeshare lodge and the commercial space. In accordance with Section 26.470.100.6 and C.3.b, Growth Management Scoring Criteria -Commercial and Office Development, of the City of Aspen Land Use Regulations, an applicant is required to provide affordable deed-restricted housing fora minimum of sixty-percent of the employees generated by the proposed development. HisfON: An audit conducted by the Ritz Carlton (now the St. Regis) was assessed in 1998, which concluded that the amount of employees mitigated was reasonable in accordance with the1993-1994 payroll records. The audit found that the Ritz Carlton is required to provide housing for 198.5 employees (60% of 330.8 FTE). ,. .: Additionally, the applicant is required to count the maximum number of proposed lockout units in the development application when calculating the need for affordable employee housing. The applicant estimates that the proposed timeshare lodges will not generate any additional need for employees based upon a comparison with current operations at the St. Regis. The applicant claims that there will not be an increase in the number of hotel employees over the amount currently employed despite the changes in use. The applicant believes that there will be an actual .reduction of 3.59 employees generated by the remodel. The Housing Staff would concur with the applicant .that there would appear to be no net increase in employees associated with the conversion of lodge units to timeshare units and a single residence and the construction of the previously approved lodge units and suites. The Housing Staff used the figure of 15,000 square feet listed in the application to calculate the proposed commercial and retail space's employee generation. Using the applicant's figures of 12.8 employees per 1,000 square feet, this translates to 192 employees generated by the remodeled new spa facilities. The applicant's position is that there is no change in the square footage of food, beverage, and retail space from what exists today. The applicant shows a total of 168.7. employees generated by the commercial and retail space. This is a difference of 23.3 new employees. It is the position of the Housing Staff that the applicant is required to mitigate at 60% of the new employees for a total of 13.98 employees. RECOMMENDATION: The Housing Authority Board conditionally approved the application in accordance with the following conditions: The applicant shall conduct an audit immediately after one full fiscal year following the issuance of a certificate of occupancy for the proposed new spa facility, hotel rooms, timeshare units, and residence under the following terms: a. The applicant shall retain an auditor and shall gain prior approval from the Housing Office Operations Manager for the selection of the auditor. b. The applicant shall be fully responsible for all fees associated with retaining an auditor. 2. Should the audit show an increase in the number of employees, the applicant shall return to the Housing Authority under the following terms: a. The applicant shall provide deed restricted, affordable housing for any additional employees of the new facilities. 4 t' b. The applicant shall abide by the Aspen/Pitkin County Affordable Housing Guidelines in effect at the time of the audit. ;.,.~ ~ , EXHIBIT H LETTER ON EMPLOYEE HOUSING Ji~seph i~'~ells La.~td Planning 6d2 ivlidlar~d Park Place Win, Colorado 81611 Phone: 97I~.925.8t3Sa Facsimile: 930 92fl.4~78 e-mail: Wells~spen@aol.com l~~arch 12, 24Q3 141r. Scott lelr~oodford City of Aspen. Community Development Department 5i0 East Main Street Aspen, Colorado 81511 Deliveredby e-mail to scottw-Cci.aspen.ro.us Dear Scott: As we have discussed, I wanted to provide you with follow up information an the owner's employee projections related to the proposed remodel of the St Regis, even though the applicant has already agreed to repeat the -audit procedure one calendar year after completion of the remodel, based on the methodology and procedures described in the First Amended and Restated PLID Agreement {the "PUD Agreemennt")_ The developer originally agreed to an audit of the actual employment in Hotel Phase I after the second full year of operation to (i) confirm that the previous estimates of the employee generation of the hotel were accurate and {ii) to require that additional housing be provided in the event that b0 percent of the number of actual full-time equivalent employees working in Hotel Phase I exoeeded the figure of 198.5 employees that the developer agr~e~ed tp provide housing for under the PUD Agreement The language of Section B ~ (g} of the PLiD Agreement {the audit language), restated belotiv, required that if, as a result o£ the audit, it tivas determined that the number of full-time equivalent employees in the hotel exceeded 33U.83, the owner would be obligated to provide additional affordable housing for 50 percent of the additional FTEE's. "(g) Audit O~-ner and City agree that there shall be an audit performed of the hotel after its second full year of operation to determine the actual number of FTEh's working in Hotel Phase I_ In the event the audit determines that Hotel Phase I has a higher RI EE count than 269, the Owner shall provide employee housing for sixty percent (bpi) of the number in excess if such bd"~, number added to 151.5 is greater than 198.5 .... _ _. For the purposes of this requirement, the audit shall be performed and,FTEE's shall be defined a~~cording to the Housing Authority guidelines in effect at the time of this approval, a copy of which is hereto annexed as Exh~-bit G.~' l~rlarch 12, 2003 14fr. Scott ~'Y'oodford Page two of two Since the audit was performed in 1996, there has been a change in ownership of .the hotel and both occupancies and employment are down Richard McLennan, the General l1~Ianager of the St Regis has now rnmpleted a calculation of the full- time equivalent employment for the hotel utilizing the audit standards far 2000 through 2002. The St. Regis' actual employment for the hotel last year was down to 243.18 fmm the peak levels of 2000 of 301.5 employees and those for 2001 of 26.5.30 employees. All three years are considerably below the threshold number of 3,.3(1.83 employees that would have triggered a requirement for additional affordable housing under the audit language of the PI3D A~ree~nent and are also less than the figure of 314.5 employees that was apparently deter3nined to be employed in the hotel in 1995, when the original audit was performed. {'The Housing Office refereed to a number of 314.5 FTEE's-from a confidential memo about the audit that they have in their files-) l4fr. lblcLennan. has also projected the full time equivalent employment for the hotel by position for 2005, once the hotel is in operation after completion of the proposed remodel. The full-time equivalent employment for the hotel in 2005 is projected to be 251.4b, over 69 employees less than the total of 330.83 employees that wauld have triggered a requireaent for additional affordable housing under the PL'D t~greement, beyond the 198.5 that have already been housed. Rega 7+~p ~,,:~, «..., EXHIBIT I DRC MINUTES 1. Building Department • Code Review: It is probable that in June 2003 the Building Department will adopt the International Building Codes (IBC) and the International Residential Codes IRC). The architect will also need to reference the 1998 ANSI Standards. • Change in Use: The Applicant will need to consult Colorado Revised Statutes (CRS) to determine the required number of type A and type B units. • ADA Accessibility: Not only individual timeshare units but also the juice bar and spa. • Temporary Certificate of Occupancy (TCO): Temporary COs can be issued if safety and Fire Department concerns are addressed. • Ener~v Code: New energy code will apply to portions of building never completed. 2. Parks Department Parks Dept. notes that several of the tree grates are broken or too small for the growing trees. Parks Dept. asks that St. Regis address this problem. 3. Fire Department • International Fire Code: Soon to be adopted by the Fire Department. The Fire Chief is unaware of the impact the new code will have on the St. Regis. • Sprinkler and Alarm Plans: The Fire Department would like to see a complete set of sprinkler and alarm plans as soon as possible. These plans are also needed by the Water Department and Sanitation District. • Sprinkler Heads: New regulations require sprinkler heads that provide a larger flow. The large flow requirements may impact plumbing design, the size of the water tap, and the water service fees. • Diesel Back-up: The Fire Department wants to know that the diesel generator is in running order and if a larger generator is needed due to the changes. 4. Water Department • Tap Fees: Based on the sprinkler requirements of the Fire Department, a new and larger water tap may be needed. An additional tap fee may be accessed due to the change in use. • Utility Plans: The Water Department needs to see existing (as-built) and proposed utility plans. 5. Sanitation District Sanitation District Fees: The conversion from lodge units may result in additional tap fees due to the additional kitchens and other sources of wastewater. (Fee are based not only on quantity but also on organic loading.) ST. REGIS HOTEL STAFF REPORT PAGE 39 • Special Concerns: The sanitation district will determine if oil and grease separators exist where needed and that requirements for laundry and dry cleaners are met. Utility Plans: The Sanitation District needs to see existing (as-built) and proposed utility plans. 6. Environmental Health • Water Leak in Kitchen: Environmental Health would like to learn if the leak in the kitchen (from roof or sprinklers) has been corrected> • Juice Bar: At the time of building permit, Environmental Health will review the plans for the juice bar. • Trip Mitigation: With the exception of the hair salon, the services in the building are not available to the general public. No Additional trip mitigation measures appear to be necessary. However, Environmental Health would like the Owners to confirm that the mitigation measures, required as part of the PUD, have been implemented.. ((This is a `TO ITEM' for the Applicant but it will not be included in any resolution or ordinance.)) ST. REGIS HOTEL STAFF REPORT PAGE 40 ,: -~ ~._~ THE CITY OF ASPEN Memorandum To: Steve Barwick, City Manager CC: Julie Ann Woods, Community Development Director John Worcester, City Attorney Joyce Allgaier, Deputy Community Development Duector Scott Woodford, City Planner II From: Paul Menter, Director of Finance and Administrative Services Date: 5/ 15/03 Re: St. Regis Timeshare application draft financial analysis per AMC 26.590.070 Attached please find a draft tax impact analysis of the St. Regis timeshare application for your review. This fiscal impact analysis has been completed according to the provisions of the above referenced chapter of the Aspen Municipal Code, and its associated land use code interpretation dated March 17, 2003. The remainder of this memorandum provides a description of the tax impact analysis performed. Summary: The application by the St. Regis calls for development of 24 fractional ownership units, to be sold in 1/11 fractions, and one full ownership unit. These units are to replace 98 existing hotel rooms. Additionally, the St. Regis has an existing approval for development of 20 new hotel rooms in "building C", and conversion of 15,000 square feet of meeting room and other space into a spa facility. Aspen Municipal code 26.590.070 requires the applicant to determine the impact of this timeshare development on the City of Aspen tax base, and to mitigate for any negative tax impact that may occur. AMC 26.590.070 and the above referenced land use code interpretation provide the basis for determining the tax impact of this development. As this application is one of the first reviewed by the City under the terms of this new section of the municipal code, City Finance staff are taking due care to review and evaluate the applicant's analysis to ensure compliance with the provisions of the code. In summary, the DRAFT analysis indicates a fee due to the City of approximately $313,000. Additionally, the applicant has previously indicated a willingness to contribute on a one-time basis, an amount equal to approximately $195,000 for the adverse impact of the project on the City's tax base during the construction years of 2003 and 2004. This amount is not expressly required by the municipal code and was proposed by the applicant in advance of the City's analysis of their financial projections that resulted in the $313,000 fee noted above. The combination of these amounts brings the total fee to just under $510,000 if both fees are collected. ,~,~. . ,~ r,.. May 15, 2003 It is important to note that this fee amount is a DRAFT at this time. City staff have requested additional financial information from the St. Regis that may change the result of this analysis (see attached letter to Matt Avril dated May 6, 2003). Analysis: The attached spreadsheet analysis uses available data from the St. Regis application to apply the net present value analysis of past and projected tax collections to arrive at a fee amount by tax source. The analysis uses the Denver Metropolitan area CPI as the index against which to calculate the net present value of the St. Regis's tax collections in prior years. The 20-year average of this index is applied to projected tax collections to perform the net present value calculation of projected collections. The average annual collections from the most recent 5 years of operations adjusted to net present value is then compared to the average annual projected collections as provided by the applicant, again adjusted to net present value. If the result indicates that average annual future collections will be less than they have been in the past for an individual tax, the amount of the reduction is multiplied by 27.5 years (MACRS straight line depreciation method for residential property), representing the estimated life expectancy of the project, to arrive at a current year estimated fee amount. In the case of the St. Regis, using the incomplete data currently available, the analysis indicates a fee due for reductions in lodging and property Tax collections, and no fee due for sales and real estate transfer taxes. Recommendation: As noted above, this analysis is still preliminary, but is developed in accordance with Aspen Municipal Code section 26.590.070, and the land use code interpretation approved by Community Development Director Julie Ann Woods on March 17, 2003. The financial results will change based upon the additional information to be provided by the applicant, however the methodology applied is not anticipated to change. A final analysis and recommended fee will be provided once requested financial data is supplied by the St. Regis, making it possible to calculate a projected average collection rate for future taxes based upon five years of full operation. 2 O O C ~ O Q ~ Q 0 ~_ ~ U o U (B L ~ o ~ ~- ~ 0 ~ 0 io p M 0 W W r !~ N ti LL J N ~ ~ Q F- 0 H r M N ~I O ~ N 00 ~ ~ tD O ~ ~} O O r Ln y O •~ ~ C O O ~ N \° ~ ~, o \° 0 \° 0 \° o ~ O O ~ O ~ +.~ ~~ ~ ~ fB A O r O r O r O r ~ ~ .. ~ ~ _ ~'= ~ O fB ~ ¢ L M M M M p ~, t1 . O L O L ^ Q~ G1 p Q ~+ O N O Y ~ ~ ~ c ~ a ca ~ ~ a~ ~ N ~ ~ Y a~i ~ ~- 0 0 0 o m ~ ~ ~°? L ~ a i 3 ~ ~ ~ ~ ~ ~ ~ ~ • V . O ~ N N N N ~ M ~ N C ~ N > C ~ U O > U p ~ O o `~ a~ O ~ C ~ cn c ~ ~ ~ O L `' Q N 8 ~ ~ ~ Y O ~ d L .. ~ N '! ~ ~ ~ C. ~ w H a ~ E-° U ~ ' F°- ti ~ N ~ ~ EA M O ~ ~ ~ ~ V _ ~ ~ O ~ L V L ~j Q ~ ~ ~ ~ ~ ~ ~ r N tC Q~ ~ ~ ~ T O •O _ ^ ~+ L ^ L.L ~ O N O er _ ~~ ^~ ~ r ~ p .~ M ti d~' ~I ~ ~ ~ ~ X _ N I (~ ~ O ~ C C fp O +~ ~ X . X ~ N c0 ~ ~ ~ ~ N ~ ~ ~ W 'C ~ Q ~ ~ _ (6 F- fn J ~ ~ O a~ c~ d TM.~ EXHIBIT A PLANNED UNIT DEVELOPMENT (PUD) FINDINGS Planned Unit Development. A development application for PUD shall comply with the following standazds and requirements: A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. STAFF FINDING: DOES IT COMPLY? YES The proposal complies with the applicable aspects of the AACP, specifically with regazd to creating a sustainable economy. The conversion of a portion of the St. Regis hotel units into timeshaze units, the expansion of the spa, and the construction of the additional hotel units that were originally approved will make the project more attractive to visitors and therefore increase the number of visitors to the property. With increased visitors, especially during the off-season, the City will receive additional revenue, which will contribute to sustaining and increasing the local economy. This type of land use is consistent with the AACP in locating tourist accommodations close to the ski area and close to the commercial core. 2. The proposed development shall be consistent with the chazacter of existing land uses in the surrounding area. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE As an existing tourist oriented use, the proposed timeshare use in the St. Regis Hotel will continue to be consistent with other tourist oriented accommodations and proposed timeshare projects (Grand Aspen Hotel) in close vicinity. 3. The proposed development shall not adversely affect the future development of the surrounding azea. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE Since all proposed changes are interior, the proposed development will not adversely affect the future development of the surrounding azea 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments aze available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. _ STAFF FINDING: DOES IT COMPLY? YES All of the requested land use approvals are eligible for GMQS exemptions. B. Establishment of Dimensional Requirements: The PUD development plans shall establish the dimensional requirements for all properties within the PUD. The dimensional requirements of the underlying zone ST. REGIS HOTEL STAFF REPORT PAGE 17 ~., ~~ district shall be used as a guide in determining the appropriate dimensions for the PUD. The proposed dimensional requirements are listed below: STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE No exterior changes are proposed, therefore no changes to dimensional standards. 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural or man-made hazards.. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. STAFF FINDING: DOES IT COMPLY? YES No exterior changes are proposed, therefore, no changes are proposed to the lawfully established dimensional standards. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. STAFF FINDING: DOES IT COMPLY? YES No exterior changes are proposed, therefore, no changes are proposed to the lawfully established dimensional standards. 3. The appropriate number ofoff-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed. c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the city. STAFF FINDING: DOES IT COMPLY? YES ST. REGIS HOTEL STAFF REPORT PAGE IS ,~~ r. Staff finds that the proposed off-street parking is adequate given the number of spaces provided compared to the number of units and the proximity of the building to mass transit and. the downtown core. In addition, many guests arrive to the hotel, especially in the winter, without vehicles and use the buses, taxis, or walk to get around, so the parking demand is reduced. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD maybe reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE The .density, in terms of how the Land Use Code is concerned, is being increased by one residential unit. Adequate infrastructure capabilities exist to accommodate the additional unit. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) .The land is not suitable for the proposed. development because of ground instability or the possibility of mud flow, rock falls or avalanche dangers. b) The effects. of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE The density, in terms of the Land Use Code, is being increased by one residential unit. No expansion is proposed to the building footprint, therefore, there will be no impacts to natural site features or encroachment into areas of natural hazard. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD maybe increased if: ST. REGIS HOTEL STAFF REPORT PAGE 19 ~~,a~: a) 'The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE The density, in terms of how the Land Use Code is concerned, is being increased by one residential unit, but not beyond the maximum allowable density. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town. are preserved or enhanced in an appropriate manner. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. 5. Adequate pedestrian and handicapped access is provided. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. STAFF FINDING: DOES IT COMPLY? YES When the hotel was originally approved as a PUD, it was deemed to comply with all of the above provisions. Since no exterior changes are proposed, staff finds the _project to still be in compliance with the above provisions. C. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: ST. REGIS HOTEL STAFF REPORT PAGE 20 ~,.. 1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing significant vegetation, .and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. STAFF FINDING: DOES IT COMPLY? YES When the hotel was originally approved as a PUD, it was deemed to comply with all of the above provisions. Since no exterior changes are proposed, staff finds the project to still be in compliance with the above provisions. D. Architectural Character. It is the purpose of this standard to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan an architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 1. Be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. 2. Incorporate, to the extent .practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- orless-intensive mechanical systems. 3. Accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. STAFF FINDING: DOES IT COMPLY? YES When the hotel was originally approved as a PUD, it was deemed to comply with all of the above provisions. Since no exterior changes are proposed, staff finds the project to still be in compliance with the above provisions. E. Lighting. The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: ST. REGIS HOTEL STAFF REPORT PAGE 21 ~„ 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. STAFF FINDING: DOES IT COMPLY? YES When the hotel was originally approved as a PUD, it was deemed to comply with all of the above provisions. Since no exterior changes are proposed, staff finds the project to still be in compliance with the above provisions. F. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial. development. STAFF FINDING: DOES IT COMPLY? YES When the hotel was originally approved as a PUD, it was deemed to comply with all of the above provisions. Since no exterior changes are proposed, staff finds the Qrojeet to still be in compliance with the above provisions. G. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. ST. REGIS HOTEL STAFF REPORT PAGE 22 ~~ ~„~~- STAFF FINDING: DOES IT COMPLY? YES When the hotel was originally approved as a PUD, it was deemed to comply with all of the above provisions. Per the review by the DRC, adequate public facilities exist to accommodate the proposed changes. H. Access and Circulation. The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. 2. The proposed development, vehiculaz access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. STAFF FINDING: DOES IT COMPLY? YES No changes are proposed to exterior access and circulation of the building. At the time the hotel was approved, it was deemed to be in compliance with the criteria. I. Phasing of Development Plan. The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical azeas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees-in-lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE No phasing is proposed for the proposed improvements. ST. REGIS HOTEL STAFF REPORT PAGE 23 EXHIBIT B GROWTH MANAGEMENT QUOTA SYSTEM Section 26.470.070.A. of the Land Use Code regarding remodeling, restoration or reconstruction of existing commercial, lodge or multi-family buildings, requires that the following criteria be met for an exemption: A. The remodeling, restoration or reconstruction of an existing lodge or multi-family building. shall be exempt from the growth management competition and scoring procedures, provided that it does not create additional dwelling, hotel or lodge units or involve a change of use. _- --_ ___ STAFF FINDING: DOES IT COMPLY? YES The applicant proposes converting 98 existing hotel .rooms into 24 timeshare lodge units and one residential unit. The conversion to the timeshare lodge units is exempt from GMQS because it does not create additional units and does not involve a change of use (both hotel and timeshare are considered to be tourist accommodations in the Code). The exemption for the one residential unit is addressed below. Section 26.470.070.A. of the Land Use Code re~ardin~ Change in use requires that the following criteria be met for an exemption: A. A minimal number of additional employees will be generated by the change in use and that employee housing will be provided for the additional employees generated; STAFF FINDING: DOES IT COMPLY? YES A condition of approval has been added requiring an audit of the hotel one year after a certificate of occupancy for the changes to the hotel. The applicant feels that there will be a net loss of employees with the proposal. If the audit determines an increase, then the applicant will be required to provide affordable housing. B. A minimal amount of additional parking spaces will be demanded by the change in use and that parking will be provided; STAFF FINDING: DOES IT COMPLY? YES The parking requirement is reduced with the proposed conversion of units and the addition of the spa. C. There will be minimal visual impact on the neighborhood from the change in use; STAFF FINDING: DOES IT COMPLY? YES Since there are no plans to alter the exterior of the building, nor expand the footprint, there will be no additional visual impact from the change in use. D. Minimal demand will be placed on the City's public facilities from the change in use; STAFF FINDING: DOES IT COMPLY? YES ST. REGIS HOTEL STAFF REPORT PAGE 24 ~.,. ~ . According to responses from the Development Review Committee review of the proposal, there will be increased demand from the conversion from hotel units to timeshare, but no upgrades of public infrastructure are required to accommodate it, other than new water and sewer taps. E. No zone change is required; STAFF FINDING: DOES IT COMPLY? YES No zone change is required. F. No more than one residential unit will be created; and STAFF FINDING: DOES IT COMPLY? YES Only one residential unit will be created. G. The proposed use is consistent in all respects with the AACP. STAFF FINDING: DOES IT COMPLY? YES The proposed use is consistent in all respects with the AACP. Section 26.470.070.A. of the Land Use Code re ag rding Accessory uses in mixed use development. requires that the following criteria be met for an exemption: A. The proposed development consists of a building or buildings designed as an integrated whole that contains uses requiring the submission of development applications for an allotment in more than one of the categories of Section 26.470.040. STAFF FINDING: DOES IT COMPLY? YES The project complies with the above criteria. B. There is one use of the property that is the principal use and any other uses are accessory to, in support of and necessary for the principal use. STAFF FINDING: DOES IT COMPLY? YES The principal use is the hotel and the spa, retail, meeting space, offices, etc. are all accessory uses to the hotel. C. In conjunction with pursuant to Section principal use. the application for exemption, an application is submitted 26.470.080 that receives a development allotment for the STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE The principal use is already constructed with development allotments received at the time of approval. ST. REGIS HOTEL STAFF REPORT PAGE 25 ~~ D. The impacts of the accessory use on public facilities and affordable housing are mitigated by an agreement to provide the necessary public facilities and affordable housing at a level that would meet the threshold required in Section 26.470.080(C)(5) for the accessory use. STAFF FINDING: I DOES IT COMPLY? I YES A condition of approval has been added requiring an audit of the hotel one year after a certificate of occupancy for the changes to the hotel. The applicant feels that there will be a net loss of employees with the proposal. If the audit determines an increase, then the applicant will be required to provide affordable housing. No _adverse impacts on public facilities are anticipated, so no agreement is necessa~. E. The site design and azchitecture of the accessory use is evaluated in conjunction with the review of the development application for the principal use pursuant to Section 26.470.080. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE There are no changes proposed to the site design nor the architecture. Also the principal use is already constructed, so there is no need for an additional development application. ST. REGIS HOTEL STAFF REPORT PAGE 26 ~;,,~ ExHIBIT C A. Mandatory Physical Elements. TIMESHARE FINDINGS All timeshare lodge developments shall have a staffed on-site front desk, located within a lobby that is sized to meet the needs of the project. If the timeshare lodge is part of a multi-site development, there may be a single front desk for these sites. The staffed front desk shall be open at least during regular business hours, and shall be managed to provide full-time registration and reservation services, including provision for late check-in and for other ofd hours guest needs. The front desk shall accommodate walk-in rentals. STAFF FINDING: DOES IT COMPLY? YES There will be a common front desk for the timeshare lodge and hotel guests, which will accommodate walk-in rentals at any time. Additionally, there will be a concierge staff dedicated to the timeshare units. St. Regis will manage a full time registration and reservation system. 2. A timeshare lodge development shall contain a sufficient level of recreational facilities (such as exercise equipment, a pool or spa, or similar facilities) and other amenities (such as a lobby, meeting spaces, and similar facilities) to serve the occupants, including facilities that can be used in the winter and the summer seasons. The extent of the facilities provided should be proportional to the size of the timeshare lodge development. The types of facilities should be consistent with the planned method and style of operating the development. STAFF FINDING: DOES IT COMPLY? YES Timeshare owners will have access to the pool, .hot tubs, exercise facility, as well as the proposed expanded spa at all times of the year. In addition, each unit will contain steam showers, hot tubs and an audio and video system as well as complete furnishings. 3. A timeshare lodge in the Commercial Core (CC) zone district shall not have any lodge rooms located on the ground floor. Instead, a timeshare lodge in the CC zone district shall contain at least one of the following elements: a bar, restaurant, or retail facilities. The element(s) provided shall be located along the street front, shall be accessible from the street, and shall be designed to serve the public, not just the occupants of the timeshare lodge. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE The proposed timeshare project is not located in the CC zone district. B. Mandatory Operational Practices. The City wants to ensure that the units in a timeshare lodge development are available for rental to the public when they are not being occupied by the owner, the owner's guests, or persons occupying the unit under an exchange program. The City has identified certain operational practices that will accomplish this intent, which are listed in this section. An applicant who ST. REGIS HOTEL STAFF REPORT PAGE 27 agrees to include all of the practices listed below in the operation of the timeshare development shall be deemed to have complied with the requirements of this sub- section Band need not address any of the optional operational practices of sub- section C. The City recognizes, however, that there may be other ways to comply with this intent, and will consider these and other operational practices. Applicants may propose to substitute one or more of the optional practices listed in Section C., below, for one or more of the mandatory practices listed in this Section B. Applicants may also propose other operational practices not listed in Section C. as a means of demonstrating compliance with this standard. Acceptance of the proposed optional practices as a substitute for one or more of the mandatory practices shall be at the sole discretion of the City Council. 1. Timeshare estates shall be made available for short-term rental when the estate is not in use by the owner of the unit, the owner's guests, or persons occupying the unit under an exchange program. Units that are available for rental shall be listed at competitive rates in a central reservation system. Listing of the unit with a recognized central reservation system in Aspen, or through the central reservation system of the company that will manage the timeshare development, is preferred. STAFF FINDING: DOES IT COMPLY? YES The St. Regis Residence Club will permit owners to rent all or a part of their Club interest and will make their central reservation system available. to its owners as part of a rental program (a condition of approval requires this compliance). The Developer will also use a variety. of mazketing programs, which will result in occu anc of unsold Develo er invento b the ublic on a short term basis. 2. The covenants of the homeowners association shall permit walk-in rental of units. The association shall not limit rental of units to such arrangements as only weekly rentals or Saturday-to-Saturday rentals; instead the association shall permit shorter stays, split-week rentals, and similar flexible arrangements. STAFF FINDING: DOES IT COMPLY? YES The covenants of the Condominium Association will permit daily and walk in rental of the available Club Units (a condition of approval requires this compliance). 3. Owners of timeshaze estates shall be required to reserve their unit/time sufficiently far enough in advance to enable the public to obtain access to those units that are not so reserved. STAFF FINDING: ~ DOES IT COMPLY? YES A specific timeframe was not given by the applicant, but they did state that they will require owners to secure or confirm a reservation of a Club Unit within certain established time periods and that the timeshare plan operator may rent out Club units that are not reserved as required under the Plan. ST. REGIS HOTEL STAFF REPORT PAGE 28 ~., ,.. ~, 4. The owner of a timeshare estate shall not be permitted to occupy that estate for any period in excess of thirty (30) consecutive calendaz days. STAFF FINDING: DOES IT COMPLY? YES An owner will not be permitted to occupy the unit for more than 28 consecutive calendar days. The units that remain in the developer's inventory shall be made available for rental to the public while the estates are being sold, except for models and other units that are needed for marketing or promotional purposes. STAFF FINDING: DOES IT COMPLY? YES The Developer will also use a variety of marketing programs, which will result in occupancy of unsold Developer inventory by the public on a short term basis while the units are being sold. C. Optional Operational Features. Timeshare lodge developments that subdivide each unit into a larger number of estates (more than 10 estates per unit) are preferred to those which subdivide each unit into a smaller number of estates (less than 10 estates per unit). STAFF FINDING: DOES IT COMPLY? YES The applicant proposes a minimum of 11 Club interests, or estates per unit. 2. Applicants may formulate their timeshare use plan such that the purchaser would not expect to occupy the same unit each visit; instead the purchaser would purchase the right to occupy a certain type of unit for a certain period of time. Applicants may also include provisions in the homeowners association documents prohibiting owners from personalizing the unit they have purchased. STAFF FINDING: DOES IT COMPLY? YES Both floating and fixed unit rights will be available. The Condominium Association will prohibit any owner of a Club Interest from using their unit as a permanent residence or permanently altering the furnishings or interior of a Club Unit. 3. Applicants may design their development as a mixed project, which includes not only timeshaze units, but also some units that would continue to be owned and operated by the applicant and his successors or assigns as traditional lodge units. Another type of use plan that is encouraged would be for the applicant to agree not to sell all of the shares in every unit, but to instead keep some time reserved for rental to the public at mazket rates during both the high seasons and the off-seasons. STAFF FINDING: DOES IT COMPLY? YES The property will be operated as both the St. Regis Hotel and .the St. Regis Residence Club. Eight weeks within each Club Unit will not be conveyed as part of a Club Interest and will therefore be available as part of a rental program. ST. REGIS HOTEL STAFF REPORT PAGE 29 . ~e~ 4. Applicants may decide to sell on and off-season estates as a package. STAFF FINDING: DOES IT COMPLY? YES Each Club Interest will contain a combination of winter, summer and spring/fall season use rights. Applicants may include in their use plan provisions that allow for a wide range of exchange opportunities for owners, which will promote new Aspen trials. STAFF FINDING: DOES IT COMPLY? YES It is expected that an internal exchange program operated by Starwood, or its ~! affiliate, will be created for its St. Regis Residence Club Project, including the Aspen St. Regis Residence Club. 26.590.070 Review Standards for Timeshare Lodge Development. An applicant for timeshare lodge development shall demonstrate compliance with each of the following standards, as applicable to the proposed development. These standards are in addition to those standards applicable to the review of the PUD and Subdivision applications. A. Fiscal Impact Analysis and Mitigation. Any applicant proposing to convert an existing lodge to a timeshare lodge development shall be required to demonstrate that the proposed conversion will not have a negative tax consequence for the City. In order to demonstrate the tax consequences of the proposed conversion, the applicant shall prepare a detailed fiscal impact study as part of the final PUD application. The fiscal impact study shall contain at least the following comparisons between the existing lodge operation and the proposed timeshare lodge development: A summary of the sales taxes paid to the City for rental of lodge rooms during the prior five years of its operation. If the lodge has stopped renting rooms prior to the time of submission of the application, then the summary shall reflect the final five years the lodge was in operation. The summary of past taxes paid shall be compared to a projection of the sales taxes the .proposed timeshare lodge development will pay to the City over the first five years of its operation. As part of this projection, the applicant shall specify the number of nights the applicant anticipates each timeshare lodge unit will be available for daily rental to visitors (that is, the annual number of nights when the unit will not be occupied by the owner or the owner's guests), the expected visitor occupancy rate for these units, the expected average daily cost to rent the unit, and the resulting amount of sales tax that will be paid to the City. STAFF FINDING: DOES IT COMPLY? YES The requested information has been provided by the applicant and the information has been reviewed by the Director of the Department of Finance and his findings will be presented to the City Council at the public hearing. ST. REGIS HOTEL STAFF REPORT PAGE 30 2. An estimation of the real estate transfer taxes that would be paid to the City if the existing lodge were to be sold. If an actual sale of the property has occurred within the last 12 months, then the real estate taxes paid for that sale shall be used. This estimation shall be compared to a projection of the real estate transfer taxes the proposed timeshare lodge development will pay to the City over the first five years of its operation. This projection shall include a statement of the expected sales prices for the timeshare estates, and the applicable tax rate that will be applied to each sale. STAFF FINDING: DOES IT COMPLY? YES The requested information has been provided by the applicant and the information has been reviewed by the Director of the Department of Finance and his findings will be presented to the City Council at the public hearing. A summary of the City-portion of the property taxes paid for the lodge for the prior five years of its operation, and a projection of the property taxes the proposed timeshare lodge development will pay to the City over the first five years of its operation. This projection shall include a statement of the expected value that will be assigned to the property by the Tax Assessor, and the applicable tax rate. The fiscal impact study may also contain such other information that the applicant believes is relevant to understanding the tax consequences of the proposed development. For example, the applicant may provide information demonstrating there will be "secondary", or "indirect" tax benefits to the City from the occupancy of the timeshare units, in terms of increased retail sales and other economic activity in the community as compared to the existing lodge development. The applicant shall be expected to prove definitively why the timeshare units would cause such economic advantages that would not be achieved by a traditional lodge development. Any such additional information provided shall compare the taxes paid during the prior five years of the lodge's operation to the first five years of the proposed timeshare lodge's operation. If the fiscal impact study demonstrates there will be an annual tax loss to the City from the conversion of an existing lodge to a timeshare lodge, then the applicant shall be required to propose a mitigation program that resolves the problem, to the satisfaction of the Aspen City Council. The accepted mitigation program shall be documented in the PUD Agreement for the project that is entered into between the applicant and the Aspen City Council. STAFF FINDING: DOES IT COMPLY? YES The requested information has been provided by the applicant and the information has been reviewed by the Director of the Department of Finance and his findings will be presented to the City Council at the public hearing. B. Upgrading of Existing Projects. Any existing project that is proposed to be converted to a timeshare lodge development shall be physically upgraded and modernized. The extent of the upgrading that is to be accomplished shall be ST. REGIS HOTEL STAFF REPORT PAGE 31 determined as part of the PUD review, considering the condition of the existing facilities, with the intent being to make the development compatible in character with surrounding properties and to extend the useful life of the building. To the extent that it would be practical and reasonable, existing structures shall be brought into compliance with the City's adopted fire, health, and building codes. STAFF FINDING: DOES IT COMPLY? YES The applicant is unawaze of any existing deficiencies, however, if any are brought to light, the applicant states that they will be brought into compliance. 2. No sale of any interest in a timeshaze lodge development shall be closed until a certificate of occupancy has been issued for the upgrading. STAFF FINDING: DOES IT COMPLY? YES The applicant acknowledges that no sale of any interest. will be closed until a certificate of occupancy has been issued for the upgrading. C. Preservation of Existing Lodging Inventory. An express purpose of these regulations is to preserve and enhance Aspen's existing lodging inventory. Therefore, any proposal to convert an existing lodge or other property that provides short term accommodations to a timeshaze lodge should; at a minimum, replace the existing number of units on the property in the planned timeshare lodge. If the applicant is unable to replace the existing number of units, then the timeshaze lodge development shall replace the existing number of bedrooms on the property, or the applicant shall demonstrate how the proposal complies with the purposes of these regulations, even though the planned timeshare lodge will not replace either the existing number of units or bedrooms. STAFF FINDING: I DOES IT COMPLY? I YES The proposed conversion will result in a reduction of the number of units in the St. Regis Hotel, from 257 hotel units to 192 hotel, timeshare, and residential units. In addition, the conversion will reduce the number of bedrooms, from 257 to 248. The applicant contends, however, that the number of "sleeping facilities", which includes bedrooms and sleeper sofas, will be increased with the conversion. -The increase in sleeping facilities will be from the existing, 257, to 272 after the conversion. Staff finds that because the drop in number of actual bedrooms is relatively slight, that the applicants proposal to include the sleeper sofas in the overall equation is sufficient to comply with this provision. D. Affordable Housing Requirements. 1. Whenever a timeshare lodge development is required to provide affordable housing, mitigation for the development shall be calculated by applying the standards of the City's housing designee for lodge uses. The affordable housing requirement shall be calculated based on the maximum number of proposed lock out rooms in the ST. REGIS HOTEL STAFF REPORT PAGE 32 ~~, ~..~ development, and shall also take into account any retail, restaurant, conference, or other functions proposed in the lodge. STAFF FINDING: DOES IT COMPLY? YES With the overall reduction in the number of lodging units from the existing 257 down to the proposed 187, the applicant contends that there will be a reduction in the number of employees generated. The Housing staff recommended that there would be additional employees generated. A condition of approval has been added by the Housing Board, however, requiring an audit of the hotel one year after a certificate of occupancy for the changes to the hotel. If the audit determines an increase in employees over what they currently mitigate, then the applicant will be required to provide affordable housing. There is no change proposed to the existing retail and restaurant and bar space, so there is no increase in their affordable housing re uirement. 2. The conversion of any multi-family dwelling unit that meets the definition of residential multi-family housing to timesharing shall comply with the provisions of Chapter 26.530, Resident Multi-Family Replacement Program, even when there is no demolition of the existing multi-family dwelling unit. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE There are no existing multi-family dwelling units in the hotel, so this provision is not applicable. E. Parking Requirements. 1. The parking requirement for timeshare lodge development shall be calculated by applying the parking standard for the underlying zone district for lodge uses. The parking requirement shall be calculated based on the maximum number of proposed lock out rooms in the development. STAFF FINDING: DOES IT COMPLY? YES The existing amount of parking provided is adequate to meet the demand, which is actually reduced with the proposal due to the reduction in the number of overall units. 2. The timeshare lodge development shall also provide an appropriate level of guest transportation services, such as vans or other shuttle vehicles, to offer an alternative to having owners and guests using their own vehicles in Aspen. STAFF FINDING: DOES IT COMPLY? YES The hotel provides vans and shuttle vehicles as an transportation alternative for their guests. 3. The owner of a timeshare estate shall be prohibited from storing a vehicle in a parking space on-site when the owner is not using that estate. STAFF FINDING: DOES IT COMPLY? YES ST. REGIS HOTEL STAFF REPORT PAGE 33 a ~.~fi The applicant did not address this provision in the application. A condition of approval will be added prohibiting an owner from storing a vehicle in a parking space when not using the estate. F. Appropriateness of Marketing and Sales Practices. The marketing and sale of timeshare estates shall be governed by the real estate laws set forth in Title 12, Article 61, C.R.S., as may be amended from time to time. The applicant and licensed mazketing entity shall present to the City a plan for marketing the timeshare development. 1. The following mazketing and sales practices for a timeshare development shall not be permitted: a. The solicitation of prospective purchasers of timeshaze units on any street, mall, or other public property or facility; and b. Any unethical sales and marketing practices which would tend to mislead potential purchasers. 2. Giving of gifts to encourage potential purchasers to attend a sales presentation or to visit a timeshaze development is permitted, provided the gift reflects the local Aspen economy. For example, gifts for travel to or accommodations in Aspen, restaurants in Aspen, and local attractions (ski passes, concert tickets, rafting trips, etc.) aze pemutted. Gifts that have no relationship to the local Aspen economy are not permitted. The following gifts aze also not permitted: a. Any gift for which an accurate description is not given; b. Any gift package for which notice is not given to the prospective purchaser that the purchaser will be required to attend a sales presentation as a condition of receiving the gifts; and c. Any gift package for which the printed announcement of the requirement to attend a sales presentation is in smaller type face than the information on the gift being offered. STAFF FINDING: DOES IT COMPLY? YES The applicant has committed to not engage in any of the above, prohibited marketing practices. G. Adequacy of Maintenance and Management Plan. The applicant shall provide documentation and guarantees that the timeshare lodge development will be appropriately managed and maintained in an manner that will be both stable and continuous. This shall include an identification of when and how maintenance will be provided, and shall also address the following requirements: 1. A fair procedure shall be established for the estate owners to review and approve any fee increases which may be made throughout the life of the timeshare ST. REGIS HOTEL STAFF REPORT PAGE 34 ~FM ~, development, to provide assurance and protection to timeshare owners that management/assessment fees will be applied and used appropriately. 2. The applicant shall also demonstrate that there will be a reserve fund to ensure that the proposed timeshare development will be properly maintained throughout its lifetime. STAFF FINDING: DOES IT COMPLY? YES The management contract between the Association and the Manager will require that the project be maintained at a level sufficient to ensure compliance with St. Regis brand standards. The documents creating the Association will require preparation of an annual budget and will require the establishment of a reserve fund. The Association will be required to comply with the annual budget notice requirement of the Colorado Real Estate Commission and the Colorado statutes. H. Compliance with State Statutes. The applicant shall demonstrate that the proposed timeshare lodge development will comply with all applicable requirements of Title 12, Article 61, C.R.S.; Title 38, Article 33, C.R.S.; and Title 38, Article 33.3, C.R.S.; including the requirements concerning the five (5) day period for rescission of a sales contract, and the procedures for holding deposits or down payments in escrow. STAFF FINDING: DOES IT COMPLY? YES The applicant shall comply with all applicable requirements of Title 12, Article 61, C.R.S.; Title 38, Article 33, C.R.S.; and Title 38, Article 33.3, C.R.S.; I. Approval By Condominium Owners. If the development that is proposed to be timeshared is a condominium, the applicant shall submit written proof that the condominium declaration allows timesharing, that one hundred (100) percent of the owners of the condominium units have approved the timeshare development, including any improvements to the common elements that the applicant may propose, that all mortgagees of the condominium have approved the proposed timeshare development, and that all condominium units in the timeshare development will be included in the same sales and marketing program. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE The existing project is not currently a condominium. J. Prohibited Practices and Uses. Without in any way limiting any requirement contained in this Chapter, it is unlawful for any person to knowingly engage in any of the following practices: 1. The creation, operation or sale of a right-to-use interest or any other timeshare concept which is not specifically allowed and approved pursuant to the requirements of this section. Right-to-use timeshare concepts (e.g. lease-holds and vacation clubs) are considered inappropriate in Aspen and are not permitted. ST. REGIS HOTEL STAFF REPORT PAGE 35 ,~, 2. Misrepresentation of the facts contained in any application for timeshare approval, timeshare development instruments, or disclosure statement. 3. Failure to comply with any representations contained in any application for timesharing or misrepresenting the substance of any such application to another who may be a prospective purchaser of a timeshare interest. 4. Manage, operate, use, offer for sale or sell a timeshare estate or interest therein in violation of any requirement of this Chapter or any approval granted pursuant hereto, or cause or aid and abet another to violate any requirement of this Chapter, or an approval granted pursuant to this Chapter. STAFF FINDING: DOES IT COMPLY? YES The applicant commits to not engaging in any marketing practice which are prohibited above, or by local or State regulations. 26.590.080 Business License and Sales Tax Payments. A. Business License. It shall be unlawful for any timeshare development to operate in the City of Aspen without first obtaining a business license in accordance with the standard procedures of the City of Aspen. STAFF FINDING: DOES IT COMPLY? YES The applicant presently has a current business license. B. Sales Tax Payments. Occupancy of any timeshare unit by anyone who pays a rental fee for the use of the unit (other than the owner thereof j shall be subject to the City's sales tax the same as if such occupancy were of a hotel or lodge unit. Any timeshare development, as a condition of its approval, shall be required to obtain an Aspen Sales Tax/Lodging Tax License, which shall establish how this tax shall be collected and paid to the City. The manager of the association shall be responsible for the timely collection of the City sales tax for the City of Aspen for rentals made through the association or a reservation system. The manager shall notify individual estate owners that they are responsible for the payment of sales tax to the City for units rented on a private basis. STAFF FINDING: DOES IT COMPLY? YES The applicant commits to complying with the above procedures. ST. REGIS HOTEL STAFF REPORT PAGE 36 EXHIBIT D SUBDIVISION -STAFF FINDINGS The Definitions section (26.104.100) of the Land Use Code explains that subdivision approval is required whenever leasehold interests will be transferred. Section 26.480.050 states that a development application for subdivision review shall comply with the following standazds and requirements: A. General Requirements. a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan (AACP). STAFF FINDING: DOES IT COMPLY? YES The proposal complies with the applicable aspects of the AACP, specifically with regard to creating a sustainable economy. The conversion of a portion of the St. Regis hotel units into timeshare units, the expansion of the spa, and the construction of the additional hotel units that were originally approved will making the project more attractive to visitors and therefore contribute to sustaining and increasing the local economy. b. The proposed subdivision shall be consistent with the character of existing land uses in the area. STAFF FINDING: DOES IT COMPLY? YES The primary uses of the property -hotel units and timeshare lodge units are all consistent with the same uses that are currently found in surrounding area, or will be uses that will be part of soon to be constructed projects in the neighborhood (Aspen Grand Hotel) c. The proposed subdivision shall not adversely affect the future development of surrounding areas. STAFF FINDING: DOES IT COMPLY? YES The proposed subdivision will not adversely affect the future development of surrounding azeas, as this subdivision only involves interior remodel. d. The proposed subdivision shall be in compliance with all applicable requirements of this Title. STAFF FINDING: DOES IT COMPLY? YES All applicable requirements, including with the zoning requirements of the L/TR zone district, aze being met. B. Suitability of Land for Subdivision. a. Land Suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, ST. REGIS HOTEL STAFF REPORT PAGE 37 ~, , mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE No exterior changes are proposed with the remodel and there will be no increase to the existing building footprint. b. Spatial Pattern Efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE No exterior changes are proposed with the remodel and there will be no increase to the existing building footprint. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence. to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the community. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE No variations are proposed to the standards. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. STAFF FINDING: DOES IT COMPLY? NOT A_ _PPLICABLE No variations are proposed to the standards. D. Affordable Housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. STAFF FINDING: DOES IT COMPLY? ~ NOT APPLICABLE The standards of Chapter 26.520, Replacement Housing Program, are not applicable because there is no replacement housing involved. With the conversion of a portion of the hotel rooms to timeshare and the expansion of the spa, the project is reducing their employee generation, so no additional affordable housing mitigation is ST. REGIS HOTEL STAFF REPORT PAGE 38 ~a ~.,. ,.. E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. Applicability. School land dedication standards shall be assessed upon all new subdivisions within the City of Aspen which contain residential units. An applicant may make a cash payment in-lieu of dedicating land to the City, or may make a cash payment in combination with a land dedication, to comply with the standards of this Section. This section of the subdivision regulations requires the dedication of land or the payment of an in-lieu fee for each new residential unit in a subdivision. STAFF FINDING: DOES IT COMPLY? YES Compliance with the School Land Dedication Standards will be required for the one residential dwelling unit proposed. The applicant will pay cash in lieu of a land dedication and will be required to make the payment at time of building permit. ST. REGIS HOTEL STAFF REPORT PAGE 39 ..~ ExaiBIT E APPROVED P&Z RESOLUTION RESOLUTION N0. 10, ~~~~~ J ~ (SERIES OF 2003) ~ ~ ~COAIi A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT, GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS, TIMESHARE, AND SUBDIVISION FOR THE ST. REGIS HOTEL, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2 73 7-182 8-S 001 WHEREAS, the Community Development Department received an application from the SLT Aspen Dean Street, LLC (Applicant), represented by Gideon Kaufman of Kaufinan and Peterson, P.C., requesting a PUD Amendment, Growth Management Quota System Exemptions, Timeshare, and Subdivision to convert 98 existing hotel rooms into 24 timeshare lodge units and one residential unit, to convert a portion of the existing meeting room, hotel office, and accessory space on the Ballroom Level into an approximately 15,300 square foot spa amenity, and to convert the existing spa facility on the Second Level of Building B to relocated hotel offices; and, WHEREAS, the 24 timeshare lodge units are proposed to be sold in a minimum of 1/11 fractional interests; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Waste District, City Engineering, Building, Fire, Streets, Parks, Housing, Environmental Health, and Water Departments as a result of the Development Review Committee meeting; and, WHEREAS, the applicant has chosen to consolidate all of the land use approvals, in accordance with Section 26.304.060, so that City Council will be the final reviewing body on all land use requests; and, WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Department recommended approval for the proposed land use requests for the St. Regis Hotel; and, WHEREAS, at its meeting on March 5, 2003, the City of Aspen / Pitkin County Housing Authority forwarded a recommendation of approval to City Council at its meeting to approve the proposed employee mitigation through an audit program; and, WHEREAS, the Planning and Zoning Commission forwarded a recommendation of approval via Resolution No. 10, Series of 2003, by a vote of three to two (3 - 2), to City Council to approve a PUD Amendment, Growth Management Quota System Exemptions, Timeshare, and Subdivision; and, ~*~, ~~; NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO ON THE 18th DAY OF MARCH 2003, THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission recommends approval of the Amendment to the PUD, GMQS Exemptions, Timeshare, and Subdivision, subject to the following conditions: 1. The building permit application shall include: a. A copy of the final Ordinance and recorded P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A traffic management plan that addresses issues such as construction worker parking and hauling routes. 2. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. b. All tap fees, impacts fees, and building permit fees shall be paid. c. A complete set of sprinkler and alarm plans shall be submitted to the Aspen Fire Marshal in order to determine if the fire sprinkler system and alarm system is adequate. d. The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed. All sanitation-related improvements below grade shall require the use of a pumping station. The conversion from lodge units may result in additional tap fees due to the additional .kitchens and other sources of wastewater. e. The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Based on the sprinkler requirements of the Fire Department, a new and larger water tap may be needed. An additional tap fee maybe assessed due to the change in use. f. The applicant shall consult the Colorado Revised Statutes (CRS) to determine the required number of type A and type B units as it pertains to food/beverage service areas. American With Disabilities Act (ADA) Accessibility shall be provided to all timeshare units and to the juice bar and spa. A Temporary Certificate of Occupancy (TCO) may be issued subject to safety and Fire Department concerns being addressed to the satisfaction of the Fire Marshal and the Aspen Building Department. g. The applicant shall be subject to the soon to be adopted International Fire Code. The applicant shall submit a complete set of fire sprinkler and alarm plans to the Fire Department, Water Department and Sanitation District prior to sign-off of building permit. In addition, the applicant shall comply with new regulations ~~, requiring sprinkler heads that provide a larger flow that may impact the plumbing design, the size of the water tap, and water service fees. h. At the time of building permit, Environmental Health shall review the plans for the juice bar set-up and operations. 3. Per the Aspen Pitkin County Housing Authority Board approval of the application on March 5, 2003, the applicant shall conduct an audit, based on the standards 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), immediately after one full fiscal year following the issuance of a certificate of occupancy for the proposed new spa facility, hotel rooms, timeshare units, and residence under the following terms: a. The applicant shall retain an auditor and shall gain prior approval from the Housing Office Operations Manager for the selection of the auditor. b. The applicant shall be fully responsible for all fees associated with retaining an auditor. 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, affordable housing for any additional employees of the new facilities. b. The applicant shall abide by the Aspen/Pitkin County Affordable Housing Guidelines in effect at the time of the audit. 5. Final Condominium Declarations shall be submitted to the City concurrent with the submission of the Condominium Subdivision Plat and shall include the following language regarding timeshare: a. Timeshare estates shall be made available for short-term rental when the estate is not in use by the owner of the unit, the owner's guests, or persons occupying the unit under an exchange program. Units that are available for rental shall be listed at competitive rates in a central reservation system. b. The covenants of the homeowners association shall permit walk-in rental of units. The association shall not limit rental of units to such arrangements as only weekly rentals or Saturday-to-Saturday rentals; instead the association shall permit shorter stays, split-week rentals, and similar flexible arrangements. c. Owners of timeshare estates shall be required to reserve their unit/time sufficiently far enough in advance to enable the public to obtain access to those units that are not so reserved. d. The owner of a timeshare estate shall not be permitted to occupy that estate for any period in excess of thirty (30) consecutive calendar days. e. The owner of a timeshare estate shall be prohibited from storing a vehicle in a parking space on-site when the owner is not using that estate. 6. The timeshare lodge units that remain in the developer's inventory shall be made available for rental to the public while the estates are being sold, except for models and other units that are needed for marketing or promotional purposes. 7. The Applicant shall pay the City of Aspen school land dedication fees for the additional residential unit. These fees shall be due and payable at the time of issuance of a building permit for the development. 8. A PUD Agreement and Amended PUD Plan shall be recorded within 180 days of the final approval by City Council and shall include the information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). 9. The applicant shall file a Notice of PUD in the Clerk and Recorders office of Pitkin County subsequent to receipt of a development order, or prior to issuance of a building permit. 10. With this approval, the applicant shall commit to having the St. Regis Hotel open for business year around. Section 2• All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4• 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 Commission at its regular meeting on March 18, 2003. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair BYLAWS OF THE ASPEN RESIDENCE CLUB AND HOTEL CONDOMINIUM ASSOCIATION, INC. The name of the corporation shall be the Aspen Residence Club and Hotel Condominium Association Inc., a Colorado nonprofit corporation (the "Association"). ARTICLE 1. PURPOSES, ASSENT OF UNIT OWNERS, AND DEFINITIONS Section 1.1 Purposes. The Association is formed pursuant to the Colorado Revised Non-Profit Corporation Act, Colo. Rev. Stat. § 7-121-101 et s~ (the "Non-Profit Act") and the Colorado Common Interest Ownership Act, Colo. Rev. Stat. § 38-33.3-101 et sec .. ("CIOA"), as each maybe amended from time to time. The primary purposes for which the Association is formed are (a) to provide for the operation, administration, use, and maintenance of certain common areas and other property more fully described in the Declaration and Plan of Club Ownership for Aspen Residence Club and Hotel Condominium filed and recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado, as amended or supplemented from time to time (the "Declaration"); (b) to preserve, protect, and enhance the values and amenities of such property; and (c) to promote the health, safety, and welfare of members of the Association. Section 1.2 Assent. All present or future Owners, Occupants, or any other persons using the facilities of the Condominium Project in any manner are subject to these Bylaws and any Rules and Regulations adopted by the Board of Managers pursuant to these Bylaws. Acquisition or rental of any of the Units in the Condominium Project or the mere act of occupancy of any Units shall constitute an acceptance and ratification of these Bylaws and an agreement to comply with said Rules and Regulations. Section 1.3 Defmitions. Unless otherwise specified, capitalized terms used in these Bylaws shall have the same meanings in these Bylaws as such terms have in the Declaration. ARTICLE 2. MEMBERSHIP Section 2.1 Membership. Ownership of a Unit or a Club Interest is required in order to qualify for membership in the Association. Section 2.2 Responsibilities of Owners. Any person or entity, including Declarant, on becoming an Owner, shall automatically become a member of the Association and be subject to these Bylaws. Such membership shall terminate without any formal Association action whenever such person ceases to own a Unit or Club Interest, but such termination shall not relieve or release any such former Owner from any liability or obligation incurred under, or in any way connected with, the Association during the period of such ownership, or impair any rights or remedies which the Board of Managers or others may have against such former Owner arising out of ownership of the Unit or Club Interest and membership in the Association and the covenants and obligations incident thereto. Section 2.3 Membership Certificates. No certificates of stock shall be issued by the Association, but the Board of Managers may, if it so elects, issue membership cards to Owners. CO DOCS_A #139268 v3 °,*, ~+~+' Such membership card shall be surrendered to the secretary of the Association whenever ownership of the Unit designated on the card shall terminate. Section 2.4 Voting Rights. Each Unit shall have a vote in the affairs of the Association as set forth in Section 4.2 of the Declaration. For each Unit submitted to the Plan of Club Ownership, the vote in the affairs of the Association allocated to each Club Unit shall be apportioned among the owners of a Club Interest in such Unit in accordance with Section 23.6 of the Declaration (each owner of a Club Interest shall be entitled to a proportionate vote, the size of which vote shall be based upon each Club Interest in the Club Unit). The Association shall not have a vote with respect to any Unit which maybe owned by it. Declarant shall be entitled to vote with respect to any Unit owned by it. ARTICLE 3. MEETINGS OF OWNERS Section 3.1 Place of Meeting. Meetings of the Owners shall be held at such place, within or without the State of Colorado, as the Board of Managers may determine is readily accessible at reasonable cost to the largest possible number of Owners. Section 3.2 Annual Meetings. Regular meetings of Owners shall be held annually. The first annual meeting of the Owners shall be held within one (1) year after the date of the adoption of these Bylaws. Thereafter, the annual meetings of the Owners shall be held on a date and at a time selected by the Board of Managers in each succeeding year. The purpose of the annual meetings is for the election of the members of the Board of Managers and the transaction of such other business of the Association as may properly come before the meeting. Section 3.3 ~ecial Meetings. Calls for a special meeting of the Owners maybe made by the president, by a majority of the members of the Board of Managers, or by Owners other than the Declarant having five percent (5%) of the total voting power of the Association. Section 3.4 Notice of Meetings. Written notice of all meetings of the Owners, given in accordance with the Declaration and stating the place, day, and hour of each meeting, and, in case of a special meeting, the purpose or purposes for which the meeting is called, shall be delivered and effective not less than thirty (30) nor more than fifty (50) days before the date of the meeting, by or at the direction of the president, the secretary, or the persons calling the meeting as provided under these Bylaws, to the registered address for notice (as provided in the Declaration) of each Unit or Club Interest entitled to be represented by a vote at such meeting. No action shall be adopted at a special meeting except as stated in the notice. In the case of the annual meeting, the notice shall further contain a list of the orders of business to be considered at the annual meeting, and include the name, address and a brief biographical sketch (as available at the time of notice) of each nominee who has announced his or her intention to stand for election or re-election at the upcoming annual meeting. Section 3.5 Meeting to Approve Annual Budget. At the annual meeting of the Association or at a special meeting of the Association called for such purpose, the Owners shall be afforded the opportunity to ratify a budget of the projected revenues, expenditures and reserves for the Association's next fiscal year as proposed by the Board of Managers in accordance with applicable provisions of CIOA. A summary of the proposed budget approved CO_DOCS_A #139268 v3 2 ,, „, by the Board of Managers shall be mailed to the Owners within ninety (90) days after its adoption along with a notice of a meeting of the Association to be held not less than thirty (30) nor more than fifty (50) days after mailing of the summary to the Owners. In any event, the proposed budget summary shall be sent to the Owners no less than forty-five (45) days and not more than sixty (60) days prior to the fiscal year to which the budget applies. The summary shall be accompanied with a written notice that the entire budget is available at the business address of the Association or another suitable location within the Project, and that copies of the budget will be provided upon request and at the expense of the Association. Unless at the meeting a majority of the total votes of the Association, rather than a majority of those present and voting in person or by proxy, reject the proposed budget, the budget is ratified whether or not a quorum is present at the meeting. In the event the proposed budget is rejected, the budget last ratified by the Owners continues until such time as the Owners ratify a subsequent budget proposed by the Board of Managers as provided above. For the purposes of this Section 3.5, any "meeting" to ratify a proposed budget may take place by written ballot in accordance with Section 3.12 below. Section 3.6 Adjourned Meetings. If any meeting of the Owners cannot be organized because a quorum, as defined below, has not attended, no business shall be conducted and the presiding officer shall adjourn the meeting from time to time until a quorum is obtained. Section 3.7 Proxies. The voting power allocated to a Unit and to a Club Interest may be cast pursuant to a proxy duly executed by an Owner. If a Unit or Club Interest is owned by more than one Person, each Owner of the Unit may vote or register protest to the casting of votes by the other Owners of the Unit or Club Interest through a duly executed proxy. An Owner may not revoke a proxy given pursuant to this section except by actual notice of revocation to the person presiding over a meeting of the Association. A proxy is void if it is not dated or purports to be revocable without notice. A proxy terminates eleven months after its date, unless it provides otherwise. A form of proxy maybe distributed to each Owner to afford the Owner(s) of such Unit or Club Interest the opportunity to cast the vote allocated to such Unit or Club Interest in absentia at a meeting of Owners of the Association provided that it meets the requirements for a written ballot set forth in Section 3.12 below and includes the name or names of the Owners who expect to be in attendance in person at the meeting to whom the proxy is to be given for the purpose of casting the vote to reflect the absent Owner's vote as specified in the form of proxy. Section 3.8 Designation of Votin~~Representative--Proxy. If title to a Unit or Club Interest is held by more than one (1) individual, by a firm, corporation, partnership, association or other legal entity or any combination thereof, such individuals, entity, or entities shall by written instrument executed by all such parties and delivered to the Association, appoint and authorize one (1) person or alternate persons to represent the Owners of the Unit or Club Interest. Such representative shall be a natural person who is an Owner, or a designated board member or officer or other duly authorized representative of a corporate Owner, or a general partner of a partnership Owner, or a comparable representative of any other entity, and such representative shall have the power to cast votes on behalf of the Owners as a member of the Association, and serve on the Board of Managers if elected, subject to the provisions of and in accordance with the procedures described in these Bylaws. Notwithstanding the foregoing, if only one (1) of the multiple Owners of a Unit or Club Interest is present at a meeting of the Association, such Owner is entitled to cast the vote allocated to that Unit or Club Interest. If more than one (1) of CO_DOCS_A #139268 v3 ~~ 'ter the multiple Owners are present, in person or by proxy, and there is no written designation of an authorized representative, the vote allocated to that Unit or that Club Interest maybe cast only in accordance with the agreement of a majority in interest of the Owners present, which majority agreement maybe assumed for all purposes if any one (1) of the multiple Owners cast the vote allocated to that Unit or Club Interest without protest being made promptly to the person presiding over the meeting by any of the other Owners of the Unit or Club Interest. If such protest is made, the vote allocated to the Unit or Club Interest may only be cast by written instrument executed by all Owners who are present at the meeting. Section 3.9 Club Interests--Proxy. To effectuate representation of the owners of Club Interests in the Association, each owner of a Club Interest, by accepting a deed to a Club Interest, shall be deemed to have appointed the Board of Managers of the Association as such owner's attorney-in-fact and proxy to represent such owner of a Club Interest at any and all regular and special meetings of the Association, and thereat to cast the vote(s) of such owner of a Club Interest. Such appointment shall endure for aten-year period commencing on recordation of the Declaration, and shall be automatically renewed for successive ten-year periods until termination of the Plan of Club Ownership; provided, however, that any owner of a Club Interest may revoke this appointment as to any individual meeting by appearing at the meeting and casting his or her allotted proportional, vote(s) on his or her own behalf; and provided, further, that such appointment maybe permanently revoked by any owner of a Club Interest who appears at three (3) consecutive meetings of the Association, casts his or her allotted proportional vote(s) and serves the President of the Association with written notice of termination of the Association's authority as his or her attorney-in-fact and proxy. Notwithstanding the preceding, however, the appointment of the Board of Managers of the Association asattorney-in-fact and proxy shall be reinstated as to any owner of a Club Interest who fails to attend and cast his or her allotted votes at three (3) consecutive annual and/or special meetings of the Association. Section 3.10 uorum. Except as otherwise provided in these Bylaws, the presence at the beginning of the meeting in person or by proxy of the Owners possessing sufficient votes to constitute thirty percent (30%) of the votes of all Owners shall constitute a quorum, and such Owners present in person or by proxy shall constitute the Owners entitled to vote upon any issue presented at a meeting at which a quorum is present. With respect to meetings called for issues primarily related to Club Units or the administration and management of the Plan of Club Ownership, for which the Owners of the Club Interests may decide the issue voting as a Class, the presence at the beginning of the meeting in person or by proxy of Owners of Club Interests possessing sufficient votes to constitute fifteen percent (15%) of the votes of all Owners of Club Interests shall constitute a quorum, and such Owners of Club Interests present in person or by proxy shall constitute the Owners entitled to vote upon issues that maybe decided by Owners of Club Interests voting as a Class presented at such meeting where a quorum is present. Section 3.11 Votin . Except as otherwise required by the Declaration, CIOA or by these Bylaws, the votes of Owners who are present either in person or by proxy at any duly convened meeting of the Association at which a quorum has been established and who cast a simple majority of the total votes eligible to be voted by such present or represented Owners shall decide any question under consideration, and shall constitute the act of and be binding upon the Association. Even when a quorum has been established, if less than one-third of the voting CO_DOCS_A #139268 v3 4 ~. , ~~: , power of the Association eligible to vote on a matter is in attendance, in person or by proxy, at a regular or special meeting of the Association, only those matters of business, the general nature of which was given in the notice of the meeting, maybe voted on by the eligible Owners. Section 3.12 Waiver of Meeting and Consent to Action. Whenever the vote of Owners at a meeting of the Association is required or permitted by any provision of these Bylaws to be taken in connection with any action of the Association (including, without limitation, a vote on ratification of a proposed Association budget pursuant to Section 3.5 above) the meeting and vote of Owners maybe dispensed with and the action in question maybe approved if all the Owners eligible to vote concerning such matter consent in writing to dispense with the meeting and consent in writing to the action in question. Section 3.13 Action by Written Ballot. Any action that may be taken at any annual or special meeting of members (including, without limitation, any ratification of a proposed Association budget pursuant to Section 3.5 above) maybe taken without a meeting and through voting by mail, if the following requirements are met: (i) a written ballot is distributed to every Owner entitled to vote on the matter, setting forth each proposed action, providing an opportunity to vote for or against each proposed action and providing a reasonable time for an Owner to return the ballot to the Association; (ii) the solicitation for votes by written ballot (a) indicates the number of responses needed to meet the quorum requirements for authorization or rejection of the proposed action (or, if the proposed action is ratification of a proposed budget pursuant to Section 3.5 above, specifies that no quorum of votes is required); (b) states the percentage of votes needed to authorize or reject each matter, other than election of the Board of Managers (or, if the proposed action is ratification of a proposed budget pursuant to Section 3.5 above, states that the budget will be ratified unless rejected by a majority of the total votes of the Association); (c) specifies the time by which a ballot must be received by the Association in order to be counted; (d) is accompanied by written information (including, if applicable, a summary of any proposed Association budget) sufficient to permit each person casting such ballot to reach an informed decision on the matter; and (e) affords an opportunity for the Owner to specify a choice between approval and disapproval of each order of business and further provides that the vote of the Owners shall be cast in accordance with the choice specified; and (iii) except for ratification of a proposed budget pursuant to Section 3.5 above, the number of votes cast by written ballot within the specified time period, authorizing or rejecting the proposed action, equals or exceeds the quorum required to be present at a meeting authorizing or rejecting the action, and the number of votes in favor or against the proposed action equals or exceeds the number of votes in favor or against that would be required to authorize or reject the action at a meeting at which the total number of votes cast was the same as the number of votes cast by written ballot. CO DOCS A #139268 v3 A written ballot provided pursuant to this Section 3.13 may not be revoked. Any action taken under this Section 3.13 has the same effect as action taken at a meeting of Owners and may be described as such in any minutes, Association records or other document. ARTICLE 4. BOARD OF MANAGERS Section 4.1 Number and Qualification. The affairs of the Association shall be governed by a Board of Managers, initially composed of five (5) persons. At the first meeting of the Association after the Period of Declarant Control, at least three (3), and in any event an odd number of Owners, shall be elected to the Board of Managers by the Owners. The Board of Managers maybe expanded to seven (7) persons by an amendment of these Bylaws. The members of the Board of Managers maybe nonresidents of Colorado, but all members of the Board of Managers elected by the Owners (as opposed to any members of the Board of Managers appointed by Declarant) must be Owners or representatives ofOwners as provided in section 3.8. Section 4.2 Required Election of Owners. The first annual meeting of the Owners shall be held within one year after the closing of the escrow for the first sale of a Club Interest or within sixty days after conveyance of twenty-five percent (25%) of the Units to Owners other than Declarant, whichever occurs first. At the first annual meeting of Owners and at all times thereafter during the Period of Declarant Control, one member of the Board of Managers shall be elected by each Class (the Hotel Unit Owner(s), the Building B Class, and the Owners of Club Interests) in each case excluding the voting power held by the Declarant. After the first annual meeting of Owners and during the Period of Declarant Control, the remaining members of the Board of Managers shall be appointed by the Declarant. After the Period of Declarant Control, in order to assure representation of Owners of each Class (the Hotel Unit Owner(s), the Building B Class, and Owners of Club Interests) in the affairs of the Association and to protect the valid interests of each type of Unit in the operation of Condominium Project, the Owner(s) of each Class, voting as a Class, shall each be entitled to elect one of the members of the Board of Managers and the remaining members shall be elected in a general election. The Board of Managers shall elect the officers. The members of the Board of Managers and officers shall take office upon election. Section 4.3 Declarant Control of the Association. There shall be a Period of Declarant Control of the Association, during which the Declarant, or persons. designated by the Declarant, may appoint and remove the officers and members of the Board of Managers as described in Section 4.2 above. The Period of Declarant Control shall commence upon filing of the Articles of Incorporation of the Association and shall terminate no later than the earlier of: (a) sixty (60) days after conveyance of seventy-five percent (75%) of the Units that maybe created to Owners other than Declarant; (b) two (2) years after Declarant's last conveyance of a Unit in the ordinary course of business; or (c) two (2) years after any right to add new Units was last exercised. CO_DOCS A #139268 v3 ,,~ The Declarant may voluntarily surrender the right to appoint and remove officers and members of the Board of Managers before termination of that period, but in that event the Declarant may require, for the duration of the Period of Declarant Control, that specified actions of the Association or Board of Managers, as described in a recorded instrument executed by the Declarant, be approved by the Declarant before they become effective. The name and address of the persons who are to initially act in the capacity of the members of the Board of Managers until successors are duly elected and qualified are as follows: Name Thorp S. Thomas Richard Mclennan Matthew E. Avril Address 8800 Vistana Centre Drive Orlando, FL 32821 315 East Dean Street Aspen, CO 81611 8801 Vistana Centre Drive Orlando, FL 32821 Section 4.4 Election and Term of Office. Until the first annual meeting after the Period of Declarant Control, the terms of members of the Board of Managers not appointed by the Declarant shall expire at the annual meeting which occurs not less than one year, nor more than two years, eleven months after election to the Board of Managers. At any time after Owners, other than the Declarant, are entitled to elect a member of the Board of Managers, the Association may call a meeting and shall give not less than thirty (30) nor more than fifty (50) days' notice to the Owners for this purpose. This meeting may be called and the notice given by any Owner if the Association fails to do so. At the first meeting of the Association after the Period of Declarant Control, the terms of the initial Board of Managers elected by the Owners shall be staggered so that one (1) or more members shall be elected to serve a one (1) year term, one or more members shall be elected to serve a two (2) year term, and one or more members shall be elected to serve a three (3) year term. At the expiration of the initial term of office for each respective member of the Board of Managers, his successor shall be elected to serve a term of three (3) years. A member of the Board of Managers elected by the Class of Owners of Club Interests maybe elected for two successive terms but is not eligible for election in a third successive term. After the expiration of such third successive term such Owner of a Club Interest is again eligible for election. Notwithstanding any provision in this Section 4.4 to the contrary, members of the Board of Managers maybe elected by written ballot pursuant to the conditions set forth in Section 3.12 above. Each member of the Board of Managers shall hold office until the election and qualification of his successor. At any meeting at which the Board of Managers is to be elected, the Owners may, by resolution, adopt specific procedures which are not inconsistent with these Bylaws or the Non-Profit Act for conducting the elections. Section 4.5 Removal of Members of the Board of Managers. A regular or special meeting of Owners maybe called for the purpose of considering the removal of any member of the Board of Managers. The Board of Managers shall designate by resolution or motion the date CO DOCS A #139268 v3 ~ v:~ ~,,,,~,, and time of such regular or special meeting after such meeting is properly set or called in accordance with these Bylaws and Colorado law. Any one (1) or more of the members of the Board of Managers, other than a member appointed by the Declarant, maybe removed with or without cause by an affirmative vote of sixty-seven percent (67%) of the voting power of the Owners present in person or represented by proxy and eligible to vote at a meeting of Owners when a quorum is present. Any member of the Board of Managers whose removal has been proposed shall be given an opportunity to be heard at the meeting. A member of the Board of Managers elected by a Class of Owners maybe removed only by a vote of the same Class of Owners electing such member. Successors may then and there be appointed or elected as provided below in Section 4.6; provided, however, that if the entire Board of Managers is removed at once, an election by the Owners present in person or represented by proxy and eligible to vote to fill the vacancies thus created shall be held immediately thereafter at the same meeting. Section 4.6 Vacancies. (a) During Period of Declarant Control. During the Period of Declarant Control, if a member of the Board of Managers dies, resigns, is removed or a vacancy otherwise occurs, Declarant shall appoint a new member of the Board of Managers. (b) After the Period of Declarant Control. After the Period of Declarant Control, any vacancy occurring in the Board of Managers maybe filled by the vote of the same Class, or by general election, as elected the vacating member initially. The term of the incoming member of the Board of Managers so elected shall be coincident with the remaining term of the replaced member of the Board of Managers. Section 4.7 Quorum of the Board of Managers. A majority of the number of members of the Board of Managers fixed from time to time by these Bylaws shall constitute a quorum for the transaction of business. Any act by a majority vote of the Board of Managers in attendance where a quorum is present shall be an act of the Board of Managers. Section 4.8 Place and Notice of the Board of Managers Meetings. Any regular or special meetings of the Board of Managers maybe held in or near the Project or at such place within or without the State of Colorado as determined by the Board of Managers to significantly reduce the cost to the Association or the inconvenience to the Board, and upon such notice as the Board of Managers may prescribe. The Board of Managers shall hold a regular meeting at least once each year and shall, in addition, meet as often as they deem necessary or desirable to perform their duties hereunder. Calls for a special meeting of the Board of Managers maybe made by written notice signed by any two members of the Board of Managers. Attendance of a member of the Board of Managers at any meeting shall constitute a waiver of notice of such meeting, except when a member of the Board of Managers attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. Before, at, or after any meeting of the Board of Managers, any member of the Board of Managers may, in writing, waive notice of such meeting, and such waiver shall be deemed equivalent to the giving of such notice. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the Board of Managers need be specified in the waiver of notice of such meeting. However, in the absence of waivers of notice: (i) notice of the CO DOCS A #139268 v3 $ ,;~, ~, time and place of a regular meeting shall be communicated in writing to the members of the Board of Managers not less than thirty (30) days prior to the meeting, and (ii) notice of a special meeting shall specify the time and place of the meeting and the nature of any special business to be considered and shall be communicated in writing to members of the Board of Managers not less than fifteen (15) days prior to the meeting. The Board of Managers shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of such members of the Board of Managers as would have been necessary for the action to be taken at a meeting with the Board of Managers present and voting. Any action so approved shall have the same effect as though taken at a meeting of the Board of Managers. All or some of the members of the Board of Managers may participate in a meeting by means of a conference telephone or similar communications equipment by which all persons participating in the meeting can hear each other at the same time. Such participation shall constitute presence in person at the meeting. Section 4.9 Powers and Duties. The Board of Managers shall have, subject to the limitations contained in the Declaration and CIOA, the powers and duties necessary, desirable, or appropriate for the administration of the affairs of the Association and for the operation and maintenance of the Condominium Project, including the following powers and duties: (a) Adopt and amend these Bylaws and the Rules and Regulations; (b) Adopt and amend budgets for revenues, expenditures, and reserves; (c) Collect Assessments from Owners; (d) Suspend the voting interests allocated to a Unit or to a Club Interest, and the right of an Owner to cast such votes, or by proxy the votes of another, during any period in which such Owner is in default in the payment of any Assessment, or, after notice and a hearing, during any time in which an Owner is in violation of any other provision of the Declaration, Articles of Incorporation, Bylaws or Rules and Regulations; (e) Hire and discharge Managing Agents; (f) Hire and discharge employees, independent contractors and agents other than Managing Agents; (g) Institute, defend or intervene in litigation or administrative proceedings or seek injunctive relief for violation of the Declaration, Bylaws or Rules and Regulations in the Association's name on behalf of the Association or two or more Owners on matters affecting the Condominium Project; (h) Receive notices, join in or institute any litigation or administrative proceeding, and execute any and all documents, in the Association's name, on behalf of the Association or on behalf of two or more Owners, in connection with any change in zoning, annexation, subdivision approval, building permit, or other type of governmental approvals required to accomplish or maintain the purposes of this Declaration; CO_DOCS_A #139268 v3 9 ~,,~ (i) Adjust or settle insurance claims as provided in Article 18 of the Declaration; (j) Make contracts and incur liabilities; (k) Regulate and direct the use, maintenance, repair, replacement and modification of the Common Elements; (1) Cause additional improvements to be made as part of the Common Elements; (m) Acquire, hold, encumber and convey in the Association's name any right, title or interest to real property or personal property, but Common Elements maybe conveyed or subjected to a Security Interest only pursuant to the requirements of CIOA; (n) Grant easements, including permanent easements, leases, licenses and concessions, through or over the Common Elements (including without limitation, licenses to provide room service); (o) Accept the benefit of any easement appurtenant to the Property, which easement will become part of the Common Elements. (p) Impose and receive a payment, fee or charge for the use, rental or operation of the Common Elements, and for services provided to Owners; (q) Grant exclusive possession and control of any portion of the Common Elements and/or any Unit owned or leased by the Association to duly authorized licensee for the limited purpose of selling, serving and delivering all types of alcoholic beverages of every kind and character; (r) Impose a reasonable charge for late payment of Assessments (not to exceed the rate prohibited by applicable law), recover Costs of Enforcement for collection of Assessments and other actions to enforce the powers of the Association, regardless of whether or not suit was initiated and, after notice and hearing, levy reasonable fines for violations of this Declaration, Bylaws and Rules and Regulations of the Association; (s) Impose a reasonable charge for the preparation and recordation of amendments to the Declaration or for preparation of statements of unpaid Assessments; (t) Provide for the indemnification ofthe Association's officers and Board of Managers and maintain directors' and officers' liability insurance; (u) Borrow funds and assign the Association's right to future income, including the right to receive Assessments; CO_DOCS A #139268 v3 1 Q ~,,: _,, (v) Keep adequate books and records and implement the policies and procedures for the inspection of books and records of the Association by Owners in accordance with the terms of the Bylaws; (w) Establish policies and procedures for entry into Commercial Units or Residential Units under authority granted to the Association in the Condominium Documents for the purpose of cleaning, maid service, maintenance and repair including emergency repair and for the purpose of abating a nuisance or any known or suspected dangerous or unlawful activity; (x) By resolution, establish committees of the Board of Managers or Owners, permanent and standing, to perform any of the above functions under specifically delegated administrative standards, as designated in the resolution establishing the committee; (y) Declare the office of a member of the Board of Managers to be vacant in the event such member shall be absent from three (3) regular meetings of the Board of Managers during any one year period; (z) By resolution, set forth policies and procedures which shall be considered incorporated herein by reference as though set forth in full, and which provide for corporate actions and powers which are different than those set forth in the Non-Profit Act, which are permitted to be "otherwise set forth in the Bylaws." Such resolutions shall be given the same force and effect as if specifically enumerated in these Bylaws; (aa) Exercise any other powers conferred by the Declaration, the Articles of Incorporation, these Bylaws, CIOA, or the Non-Profit Act; and (bb) Exercise any other power necessary and proper for the governance and operation of the Association. Section 4.10 Managing Agent. The Board of Managers may employ for the Association a Managing Agent at a compensation established by the Board of Managers, to perform such duties and services as the Board of Managers shall authorize; provided, however, that the Board of Managers in delegating such duties shall not be relieved of its responsibility under the Declaration. The Board of Managers may delegate to the Managing Agent those powers granted to the Board of Managers by these Bylaws under Section 4.9. The Managing Agent shall maintain fidelity insurance coverage or a bond for the benefit of the Association in an amount not less than Fifty Thousand Dollars ($50,000.00) or such higher amount as the Board of Managers shall require. The Managing Agent shall maintain all funds and accounts of the Association separate from the funds and accounts of other associations managed by the Managing Agent and shall maintain all reserve accounts for the Association separate from operational accounts of the Association. The Managing Agent, a public accountant or a certified public accountant shall provide an annual accounting for Association funds and a financial statement to the Association. CO_DOCS_A #139268 v3 11 '~, Section 4.11 Compensation of the Members of the Board of Managers. Except as provided in this Section 4.1 1, members of the Board of Managers shall not be paid any compensation for their services performed as members of the Board of Managers unless a resolution authorizing such remuneration shall have been adopted by the members of the Association. Each member of the Board of Managers shall receive reimbursement for reasonable transportation, meals, and lodging expenses, and reasonable per diem payments, for attendance at any regular or special meeting of the Board of Managers or for other actual expenses incurred in connection with the performance of his or her duties of office as a member of the Board of Managers. Section 4.12 Board of Managers Meetings. Without the necessity of giving prior notice to the Owners, all meetings of the Board of Managers, at which action is to be taken by vote, will be open to the Owners, except that meetings of the Board of Managers may be held in executive session(s), without the requirement that they be open to Owners, with the approval of a majority of a quorum of the Board of managers, in the following situations: (a) matters pertaining to employees of the Association or involving the employment, promotion, discipline or dismissal of an officer, agent, or employee of the Association; (b) consultation with legal counsel concerning disputes that are the subject of pending or imminent court proceedings or matters that are privileged or confidential between attorney and client; (c) investigative proceedings concerning possible or actual criminal misconduct; (d) matters subject to specific constitutional, statutory, or judicially imposed requirements protecting particular proceedings or matters from public disclosure; (e) any matter the disclosure of which would constitute an unwarranted invasion of privacy of any individual or entity. The nature of any and all business to be considered in executive session shall first be announced in open session. In open session, Owners who are not on the Board may not participate in any deliberation or discussion unless expressly so authorized by the vote of a majority of a quorum of the Board. Section 4.13 Minutes of Meetings. A copy of the written minutes of any meeting of the Board of Managers shall be distributed or made available to all Owners within sixty (60) days after adjournment of such meeting. ARTICLE 5. OFFICERS AND THEIR DUTIES Section 5.1 Enumeration of Officers. The officers of the Association shall be a president, vice president, secretary, and treasurer, and such other officers as the Board of CO_DOCS_A #139268 v3 12 ~... Managers may from time to time by resolution create. The president must be a member of the Board of Managers. The office ofvice-president maybe vacant. Section 5.2 Election of Officers. The election of officers shall take place at the first meeting of the Board of Managers and thereafter at the first meeting of the Board of Managers following each annual meeting of the Owners. Section 5.3 Term. The officers shall be elected annually by the Board of Managers and each shall hold office for one (1) year unless such officer shall sooner die, resign, or shall be removed or otherwise disqualified to serve. Section 5.4 ~ecial Appointments. The Board of Managers may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board of Managers may from time to time determine. Section 5.5 Resi ation and Removal. Any officer may be removed from office with or without cause upon the affirmative vote of a majority of the Board of Managers. Any officer may resign at any time by giving written notice to the Board of Managers, the president, or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Section 5.6 Vacancies. A vacancy in any office may be filled by appointment by the Board of Managers. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he or she replaces. Section 5.7 Multiple Offices. Any two (2) or more offices may be held by the same person, except the offices of president and secretary. Section 5.8 Duties. The duties of the officers are as follows: (a) President. The president shall preside at all meetings of the Owners and the Board of Managers; shall see that orders and resolutions of the Board of Managers are carried out; shall sign on behalf of the Association all leases, mortgages, deeds, notes and other written instruments; and shall exercise and discharge such other duties as may be required of the president by the Board of Managers. In addition, the president shall have all of the general powers and duties that are incident to the office of president of a nonprofit corporation organized under the laws of the State of Colorado, including but not limited to, the power to appoint committees from among the Owners from time to time as the president may decide is appropriate to assist in the conduct of the affairs of the Association. The president may fulfill the role of treasurer in the absence of the treasurer. The president may cause to be prepared and may execute amendments, attested by the secretary, to the Declaration and these Bylaws on behalf of the Association, following authorization or approval of the particular amendment as applicable. CO_DOCS_A #139268 v3 13 (b) Vice President. The vice president shall act in the place and stead of the president in the event of his or her absence, inability, or refusal to act, and shall exercise and discharge such other duties as may be required of the vice president by the Board of Managers. (c) Secretary. The secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board of Managers and of the Owners; keep the corporate stamp or seal of the Association, if any, and place it on all papers requiring said stamp or seal, if necessary; serve notice of meetings of the Board of Managers and of the Owners; keep appropriate current records showing the Owners together with their addresses; and shall perform such other duties as required by the Board of Managers. (d) Treasurer. The treasurer shall receive and may endorse on behalf of the Association, for collection only, all checks, notes, and other obligations and shall deposit the same and all monies in appropriate bank accounts of the Association. The treasurer shall disburse such funds as directed by resolution of the Board of Managers; keep proper books of account; at the direction of the Board of Managers, cause an audit of the Association books to be made; and prepare an annual budget and a statement of income and expenditures to be presented to the Owners at the regular annual meeting of Owners, and deliver a copy of the approved budget to the Owners. Except for reserve funds described below, the treasurer may have custody of and shall have the power to endorse for transfer, on behalf of the Association, stock, securities or other investment instruments owned or controlled by the Association or as fiduciary for others. Reserve funds of the Association shall be deposited in segregated accounts or in prudent investments, as the Board of Managers decides. Funds maybe withdrawn from these reserves for the purposes for which they were deposited, by check or order, authorized by the treasurer, and executed by: (i) prior to the first meeting of the Association after the Period of Declarant Control, the sole member of the Board of Managers; or (ii) after the first meeting of the Association after the Period of Declarant Control, two members of the Board of Managers, one of whom may be the treasurer. Section 5.9 Execution of Instruments. All agreements, contracts, deeds, leases, checks, notes and other instruments of the Association maybe executed by any person or persons as maybe designated by resolution of the Board of Managers, including the Managing Agent. Any officer may prepare, execute, certify and record duly adopted-amendments to the Declaration on behalf of the Association. Section 5.10 Statements of Unpaid Assessments. The treasurer, assistant treasurer, a Managing Agent employed by the Association or, in their absence, any officer having access to the books and records of the Association may prepare, certify, and execute statements of unpaid assessments, in accordance with Section 316 of CIOA. The amount of the fee for preparing statements of unpaid assessments and the time of payment shall be established by resolution of the Board of Managers. Any unpaid fees maybe assessed as a Common Expense Assessment against the Unit for which the certificate or statement is furnished. ARTICLE 6. INDEMNIFICATION OF MEMBERS OF THE BOARD OF MANAGERS AND OFFICERS . CO_DOCS_A #139268 v3 14 Section 6.1 Actions Other than by or in the Right of the Association. The Association shall indemnify any person who was or is a party, or is threatened to be made a party to any pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (other than an action by or in the right of the Association) by reason of the fact that he or she is or was a member of the Board of Managers, officer, Managing Agent, employee, fiduciary, or agent of the Association, who is or was serving at the request of the Association in such capacity, against expenses (including expert witness fees, attorneys' fees and costs) judgments, fines, amounts paid in settlement actually and reasonably incurred by him or her in connection with such action, suit or proceeding, if he or she acted in good faith and in a manner that he or she reasonably believed to be in the best interests of the Association, and, with respect to any criminal action or proceeding, had no reasonable cause to believe his or her conduct was unlawful. Determination of any action, suit or proceeding by judgment, order, settlement or conviction, or upon a plea of polo contendere or its equivalent, shall not of itself create a presumption that the person did not act in good faith and in a manner he or she reasonably believed to be in the best interests of the Association and, with respect to any criminal action or proceeding, had reasonable cause to believe his or her conduct was unlawful. Section 6.2 Actions by or in the Right of the Association. The Association shall indemnify any person who was or is a party or who is threatened to be made a party to any pending or completed action or suit by or in the right of the Association to procure judgment in its favor by reason of the fact that such person is or was a member of the Board of Managers, officer, Managing Agent, employee, fiduciary, or agent of the Association, or is or was serving at the request of the Association in such capacity, against expenses (including expert witness fees, attorneys' fees and costs) actually and reasonably incurred by him or her in connection with the defense or settlement of such action or suit if such person acted in good faith and in a manner that he or she reasonably believed to be in the best interests of the Association; but no indemnification shall be made in respect of any claim, issue or matter as to which such person has been adjudged to be liable for negligence, recklessness, or willful misconduct in the performance of his or her duty to the Association unless, and to the extent that, the court in which such action or suit was brought determines upon application that (despite the adjudication of liability), in view of all circumstances of the case, such person is fairly and reasonably entitled to indemnification for such expenses. Section 6.3 Successful on the Merits. To the extent that a member of the Board of Managers, officer, Managing Agent, employee, fiduciary, or agent of the Association has been wholly successful on the merits in defense of any action, suit or proceeding referred to in Sections 6.1 or 6.2 of this Article 6, or in defense of any claim, issue or matter therein, such person shall be indemnified against expenses (including expert witness fees, attorneys' fees and costs) actually and reasonably incurred him or her in connection therewith. Section 6.4 Determination Required. Any indemnification under Sections 6.1 or 6.2 of this Article 6 (unless ordered by a court) and as distinguished from Section 6.3 of this Article 6, shall be made by the Association only as authorized by the specific case upon a determination that indemnification of such person is proper in the circumstances, because such person has met the applicable standard of conduct set forth in Sections 6.1 or 6.2 above. Such determination shall be made by the Board of Managers by majority vote of a quorum consisting of those CO_DOCS_A #139268 v3 15 members of the Board of Managers who were not parties to such action, suit or proceeding or, if a quorum cannot be obtained or a majority of disinterested members of the Boazd of Managers so directs, by independent legal counsel. Such determination shall be reasonable, based on substantial evidence of record, and supported by a written opinion. The Board of Managers shall provide a copy of its written opinion to the person seeking indemnification upon request. Section 6.5 Payment in Advance of Final Disposition. The Association shall pay for or reimburse the reasonable expenses incurred by a former or current member of the Board of Managers, officer, Managing Agent, employee, fiduciary, or agent of the Association who is a party to a proceeding in advance of final disposition of the proceeding if: (a) such person furnishes to the Association a written affirmation, executed personally or on such person's behalf, of his or her good faith belief that he or she has met the standard of conduct described in Sections 6.1 or 6.2 of this Article 6; (b) such person furnishes to the Association a written agreement, executed personally or on such person's behalf, to repay the advance if it is ultimately determined that he or she did not meet the required standard of conduct; and (c) a determination is made that the facts then known to those making the determination would not preclude indemnification under this Article. The undertaking required in this paragraph shall be an unlimited general obligation of the Board of Managers but need not be accepted by a particular Board member or officer or maybe accepted without reference to financial ability to make repayment. Section 6.6 No Limitation of Rights. The indemnification provided by this Article 6 shall not be deemed exclusive of nor a limitation upon any other rights to which those indemnified maybe entitled under any bylaw, agreement, vote of the members or disinterested members of the Board of Managers, or otherwise, nor by any rights which are granted pursuant to CIOA and the Non-Profit Act. Section 6.7 Directors and Officers Insurance. The Association shall purchase and maintain insurance on behalf of any person who is or was a member of the Boazd of Managers or an officer of the Association against any liability asserted against him or her and incurred by such person in any such capacity or arising out of his or her status as such, whether or not the Association would have the power to indemnify such person against such liability under provisions of this Article 6. ARTICLE 7. BYLAWS - - Section 7.1 Amendments. These Bylaws may be amended at any regulaz meeting of the Owners or at any special meeting called for the purpose of amending the Bylaws, by the affirmative vote of more than thirty percent (30%) of the total voting power of the Association, including at least thirty percent (30%) of the voting power allocated to Units or Club Interests not owned by the Declazant. Notwithstanding the foregoing provision, the percentage of the voting power of the Association necessary to amend a specific clause or provision of these Bylaws shall not be less than the percentage of affirmative voting power prescribed for action to be taken under that clause or provision. Any amendment shall be binding upon every Owner. Any provision of these Bylaws adopted at a regulaz or special meeting of the Owners may thereafter only be amended at a regulaz or special meeting of the Owners. 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Co~~E ~tect°t a °°~t~fo'~`N~ f°t eXte ,~ OFF erit ~ ete is ~,ay west is `N;,' S eve`°~ aid ~~ t~ltect°t t the teAuest f al e ~ me~lne erit ~ ds tra ~~e teA es to tb ~:`~~ til o ~ fin st. ~~, bevel '4ss1°t'. e Sta~~ e teA~e the cb at ~°~r o,~,tri `th o~ tb t,~at ~n ye C GS: ff ves se e a4 ~~ ~i~~o~ d Sags a~f be1~e ~iricte ~ok~~gt~ S~ ~' tot sh ~,d ~eadt° edby to ~lte a'Q~tova~r11>>~ke~y ose sew the se ~t .~vs4 C became ~~rilty e,~ts. DID S n° c°~ d°c~t~ ~~~~ erit f , tre4~~ ~~ ~~v~ atd agtt`c~a t~' CGM~~Y~~ 4~0~ ~1~a~~~4~ovldriL the 20 st f° e1' f Sa~U~y 20 ity i~tete 4 D a~eb ~l~;i~~ ~ td tb a c°~' p~~ ~`as g~'ri~ off °~ ~et't~~t. ~ ~ ~e4~~e~t ~~~tY GeV eo4 Cow ~ ~ oods~ S e A~ .,,. NOTICE OF DECISION TO: Julie Ann Woods, City of Aspen Community Development Director FROM: Scott Woodford, City Planner RE: EXTENSION REQUEST FOR RECORDATION OF PUD DOCUMENTS REQUEST - ST. REGIS HOTEL DATE: December 5, 2003 SUMMARY: Joseph Wells Land Planning, on behalf of the applicant SLT Aspen Dean Street, LLC, requests a 45-day extension of the deadline for filing the PUD plans and agreement for the recent approval for the St. Regis Hotel for conversion of a portion of hotel units to timeshare, from December 6, 2003 until January 20, 2004. According to the applicant, the reason for the extension request is to allow the applicant sufficient time with which to finalize the documents for recording. The changes to the St. Regis Hotel were approved by City Council on June 9, 2003 (Ordinance No. 25, Series of 2003) with a condition that the final PUD documents be recorded with the Pitkin County Clerk and Recorder within 180 days of approval, or by December 6, 2003. STAFF COMMENTS: According to Section 26.445.070(A) of the Land Use Gode, the Community ~ ~LL Development Director may extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing such an extension. The Community Development Director may forward the extension request to the Planning and Zoning Commission. STAFF FINDINGS: The staff finds that the request for extension is appropriate and that the Director should sign off on the request. The request falls within the three-year vesting period for the approval and staff believes that the changes to the hotel are in the community's interest because it will likely lead to an increase in year around visitors to the community and that there is no community purpose served by revoking the approval on account of a short delay in recording the PUD documents. COMMUNITY DEVELOPMENT DIRECTOR APPROVAL: I hereby extend the recordation deadline for the PUD plans and agreement for the St. Regis Hotel for forty-five days, to now expire on January 20, 2004, finding that the request has been made within the vesting timeline and there is a community interest for providing such an extension, subject to the following condition: 1. The PUD plans and PUD agreement shall be recorded prior to the Community Development Department signing off on the building permit for the changes to the St. Regis. 12/5/03 J e Ann Woods, Community Development Director Date 1 L 4, ~, Joseph Wells Land Planning ~_ -' 602 Midland Park Flace Aspen, Colorado 81611 Phone :970.925.8080 Facsimile: 970.920.4378 e-mail: We1lsAspen@aol.com ~_~~~ p.,~~yC~ . d~r~,~-- December 3, 2003 ~e (~~ ~'~°~ t sUbr..;%`''°~ ~~~~:~ ~~: a Ms. Julie Ann Woods Director of Community Development, City of Aspen 130 S. Galena Street Aspen, CO 81611 Dear Ms. Woods: R~cF~FO _,"~G, Zoo3 I am writing to you on behalf of SLT Aspen Dean Street L.L.C., the owner of the St. Regis, Aspen and Lot One, Aspen Mountain PuD1 Subdivision. As you may recall, on June 9, 2003, the Aspen City Council approved Ordinance 25, Series of 2003, thereby~approving the conversion of 98 existing hotel rooms to timeshare units and related impmvements to other facilities in the hotel. ConditionNo. 8 of the approval ordinance requires that a PUD Agreement and Amended PUD -Plan be recorded within 180 days of the final approval by City Council. I believe that the 180 day deadline falls on December 6. Because December 6 is a Saturday, I believe that the following Monday, December 8 is considered the deadline under the City Code. Section 26.445.070 of the PUD regulations of the City Code provides that the Community Development Director may extend the recordation deadline if the request is within the vesting timeline and if there is a community interest €or providing such an extension.. At the present time, Richard McLennan, General Manager of the St. Regis, Aspen, is out of town and is not due back in his office until Monday, December 8. Richard has not,had an opportunity to review the final. drafts of the documents. I am reluctant to submit the documents for City staff review until after Richard has had an opportunity to review and comment on them. Once the documents are submitted, City staff will then need a period of time to review the documents and we will need additional time thereafter to make any revisions that are necessary as a result of your review. In light of the upcoming holiday season which is a eery busy .time for the hotel development team, I am requesting a 45-day extension of the December 6 deadline for recording these documents, until January 20, 2004. The development team has been working diligently toward obtaining a building permit so that the project can proceed to construction. It is my understanding that the architects and contractor have been discussing.the project regularly with the City Building Department following City Council's approval and that the building permit request was filed recently. City Council's unanimous approval l ; of Ordinance No. 9, Series of 2002 indicates that there is strong community interest in the project. --:~ . - ._ %~ i December 3, 2003 - Ms. Julie Ann Woocls Page two of two Please let me know as soon as possible whether you need adc~ittvnal information regarding this request.. ~S}ncerely yours, ~ ~ ~/. ~ - /~ ~ Joseph Wells Joseph Wells Land Planning 602 Midland Park Place Aspen, Colorado 81611 Phone: 970.925.8080 Facsimile: 970.920.4378 (Temporary) e-mail Address: WellsAspen@aol.com -~~~ TRANSMITTAL Please deliver to: ce_~ ~~=~~~ °vj From: ~/d ~ G~~%2' '-~ Date: ~ Project: ~~ Number of pages , ~~~>,~.>.,Gr transmittal cover sheet). ~~-~f `~rio4~ ~~~ A~~~ ~ ~~~ ~.,~~- y~e ~~ G~~ .. DEVELOPMENT ORDER of the City of Aspen Community Development Department .This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal, Code. This Order allows development of asite-specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any .growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site-specific development plan as described below. SLT Aspen Dean Street, LLC, 315 East Dean Street, Aspen, Co., 81611, 920-3300 Property Owner's Name, Mailing Address and telephone number Lot 1, Aspen Mountain Subdivision PUD, 315 East Dean Street, Aspen, Co. Legal Description and Street Address of Subject Property PUD Amendment, GMQS Exemptions, Timeshare, and Subdivision approval to convert 98 hotel rooms into 24 timeshare units and convert existing hotel space to spa. Written Description of the Site Specific Plan and/or Attachment Describing Plan Ordinance No. 25-2003, Approved on 6/9/03 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) June 21, 2003 Effective Date of Development Order (Same as date of publication of notice of approval.) June 22, 2006 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 13th day of June, 2003, by the City of Aspen Community Development Director. Ann Woods, Community Development Director Management Agreement for Aspen Residence Club (Condominium Services) This Management Agreement ("Agreement") is made and entered into this 15 day of January, 2004, (the "Starting Date") by and between Aspen Residence Club and Hotel Condominium Association, a Colorado nonprofit corporation ("Association"), whose address is c/o Association Management, 8801 Vistana Centre, Drive, Orlando, Florida 32821, and St. Regis Colorado Management Inc., ("Manager"), whose address is 8801 Vistana Centre Drive, Orlando, Fl 32821. Recitals A. Association is the entity formed under the Colorado Revised Nonprofit Corporation Act (the "Act") responsible for the management and operation of the Aspen Residence Club and Hotel Condominium ("Condominium"), and the property subject thereto (the "Condominium Property"). The Condominium Property consists of common elements and limited common elements as designated on the Condominium Map, but does not include the Hotel Unit or any Commercial Unit as designated on the Condominium Map. B. Association desires to enter into this Agreement for the purpose of assigning its responsibilities and obligations for the management and the operation of the Condominium to Manager, as set forth in this Agreement; and C. Manager desires to accept such delegation and firrnish the necessary management and operational services to the Condominium for Association. For and in consideration of the mutual promises contained in this Agreement, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. Recitals and Temps. The above recitals are true and correct and incorporated in this Agreement. The terms used in this Agreement are defined in accordance with the Condominium Declaration, unless the context otherwise requires. 2. Enga eg_ment. Association enters into and agrees to be bound by this Agreement and delegates to Manager, to the exclusion of all persons and entities, all the powers and duties of Association (except those that cannot be delegated as a matter of law) relating to the management and operation of the Condominium This delegation in no way relieves Association of any obligations owed by it to the Owners under Colorado law. Manager accepts such delegation and agrees to manage and operate the Condominium in accordance with the provisions of the Condominium Documents and Colorado law. 3. Term. a. Initial Term 'The initial term of this Agreement_ shall be for a period of five (5) years commencing on the Starting Date ("Initial Term"). b. Renewal Terms. This Agreement automatically shall be renewed for successive three (3) year periods (a "Renewal Term") upon the expiration of the Initial Term and each successive Renewal Term unless a written notice terminating this Agreement is sent by either party at least ninety (90) days before the next renewal date (as provided below). The Initial Term as extended by one or more renewal terms is hereinafter referred to as the "Term". c. Termination. This Agreement may be terminated by either party at any time on at least ninety (90 )days notice to the other party delivered as specified in this agreement or upon the default of a party as further specified in paragraphs 24 or 25, as the case maybe, of this agreement. 4. Mena ergs s Responsibilities. Manager is responsible for the efficient and satisfactory management, operation, and maintenance of the Condominium. Association acknowledges and agrees that pursuant to this Agreement and in consideration of the management fee described in Paragraph 11, Manager shall supervise the performance of all C:\Documents and Settings~spillera\Local Settings\Temporary Internet Files\OLK19Uvlanagement Agreement-Condo Services CLEAN (02 C:`Documenu and Satingsbpilkn\I.ocal SeainBs\Trn4oraty Internet Fiks\OLK191Management Agreetnent -Condo Smite CLEAN (02-23.04)rlSl.doc "~ services provided to, or on behalf of, Association pursuant to this Agreement. Notwithstanding any provision in this Agreement to the contrary, Manager shall perform all services required of it under this Agreement at no cost whatsoever to Manager, but solely at the cost and expense of the Association. In this regard, Manager may, perform itself, hire personnel to perform, or procure providers to perform all services necessary for the operation and the maintenance of the Condominium in a reasonable and professional manner. Any party retained by Manager pursuant to any sub-management agreement to perform all or a portion of Manager's obligations under this Agreement shall be considered aSub-manager. Manager does not undertake to pay Common Expenses, taxes, or any Association obligation(s) from its own funds and shall only be required to perform its services and make disbursements to the extent that, and so long as, payment received from assessments or other revenue, if any, of the Association are sufficient to pay the costs and expenses of such services and the amounts of such disbursements. a. Employees. Manager shall hire, pay from funds provided by Association, and supervise the necessary employees to properly, adequately, safely, and economically perform the duties and responsibilities of Manager set forth in this Agreement; and Manager shall hire, pay, and supervise employees to provide for services not obtained by a separate provider. Any persons actually hired by Manager shall be the employees of Manager rather than of Association, unless Manager specifically hires the employees to be employees of Association. Manager, in its absolute discretion, may determine to discharge and cause to be discharged any employee or subcontractor so hired. Manager shall hire and supervise such employees as may be required from time to time in its sole discretion. All decisions pertaining to the employment, interviewing, and screening process, supervision, compensation, promotion, and discharge of employees of Manager and Association are the sole responsibility of Manager. b. Procurement of Segarate Providers of Services. (1) Manager may procure necessary services for the Condominium from third parties or may provide such services itself. All services procured by Manager, regardless of source, shall be provided on a fee per service basis; provided, however, those services that cannot practicably be provided on a fee per service basis, as determined by Manager in its sole discretion, will be provided on a cost basis. In procuring providers of specific services from any source pursuant to its authority under this Agreement, Manager shall enter into service agreements on behalf of Association based on the following factors: (a) the quality and timeliness of the work obtainable for the desired level of service, and, (b) a reasonable practicable price for the service obtainable in the local market. Manager shall use its best judgment in evaluating these factors with respect to each proposed service; provided, however, nothing in this Agreement shall require Manager to obtain the lowest price available as to any service, material, or purchase, or in instances in which bids are obtained, to accept the lowest bid. Manager has the authority to enter into and cancel any service agreements contemplated pursuant to this Subparagraph, in either Association's or Manager's name. Association agrees to execute on its own behalf such service agreements as are _de~med necessary by Manager from time_ta time _to effectuate the~bligations-sst forth_ in this Agreement. The fees or costs arising out of any agreements entered into by Manager pursuant to this Subparagraph shall be a Common Expense. Association agrees to assume and be responsible for all obligations under any service agreements entered into by Manager pursuant to the terms of this Agreement. Manager may enter into single contracts for the operation and maintenance services covering the Condominium provided that the amount payable by Association pursuant thereto shall not exceed by more than one hundred five percent (105%) the amount of such items set forth in the Budget for the applicable fiscal year (2) Notwithstanding the powers of Manager as set forth in this Agreement, the Manager shall not enter into a contract with a third person or entity whereby such person or entity will furnish goods or services to the Association or for the Condominium for a term longer than one (1) year without the vote or written consent of a Majority of the Owners (not cotmting the Developer's votes and Vacation Ownership Interests), except for: A. Agreements with the Hotel Unit Owner, any operator of the Hotel Unit or any Sub-manager. C:\Documents and Settingstspillera\Local Settings\Temporary Internet Files\OLK19VNanagement Agreement -Condo Services CLEAN 2 (02-25-04)rls l .doc B. A contract with a public utility company at the regulated rates charged for the materials or services under the jurisdiction of the Public Utilities Commission of the State of Colorado; provided, however, that the term of the contract shall not exceed the shortest term for which the supplier will contract at the regulated rate; C. Prepaid casualty and/or liability insurance policies not to exceed three (3) year's duration; provided, however, that the policy permits short rate cancellation by the insured; and D. The following types of contracts provided that the contract does not have a term of more than five years and provided that the lessor or provider is not an entity in which the Developer or the Manager has a direct or indirect interest of ten percent (10%) or more: (i) A lease of laundry room fixtures and equipment not to exceed five (5) years duration; (ii) Agreements for cable television services and equipment or satellite television services and equipment; and (iii) Agreements for the sale or lease of burglar alarm and fue alarm installation, services and equipment. c. Standard of Operation and Licensing prran~ement. Association acknowledges that Manager, as an affiliate of The Sheraton Corporation ("Brand Owner"), has the right to use the "St. Regis" name ("Brand") and all service marks and trademarks associated therewith ("Marks"). Pursuant to such right and in accordance with and subject to the terms and conditions of this Management Agreement, Manager and Association agree that, during the Term, Manager will manage and operate the Condominium Property in accordance with the "License Standards" (defined below) as a "St. Regis", "St. Regis Residence Club," or under such other comparable brand names and marks as may be used to identify the Condominium as part of the residence club system operated, managed, or owned by Starwood Hotels & Resorts Worldwide, Inc., its successors, assigns, or any of its affiliates (including Manager, Developer, and Brand Owner), licensors, or licensees ("Comparable Brand," as further defined in Paragraph 4.e). As used in this Agreement, "License Standazds" refers generally to any standards of construction, maintenance, and operation of residence club resort properties which are owned or operated by Starwood Hotels & Resorts Worldwide, Inc., its successors, assigns, or any of its affiliates or licensees and which aze designated as "St. Regis," "St. Regis Residence Club Resorts," or by any other Comparable Brand, and specifically, the standazd of construction, maintenance, and operation specified in the licensing arrangement, as further defined below. The availability and use of the Brand and Marks or any Compazable Brand shall be subject to the terms, conditions, and requirements set forth in this Management Agreement and the arrangements between Manager and Brand Owner or owner or owners of any Comparable Brand ("Licensing Arrangement"), and the costs and expenses incurred by Manager to comply with such terms, conditions, and requirements shall be part of the Common Expenses or Limited Common Expenses. For purposes of this Agreement, unless the context evidences a contrary intent, the use of the terms "Brand" or. "Marks" shall be deemed to_ include any Comparable-Brand and _the_ temi`BrandQ~mer" _ - shall be deemed to include the owner of any Comparable Brand being used in connection with the Condominium Property. Association acknowledges that the Brand, Marks, and Licensing Arrangement are not part of the Condominium Property and agrees that neither Association nor Owners have, nor shall Association claim on its own behalf or on behalf of the Owners, any right, title, or interest in the Mazks, the Brand, or the Licensing Arrangement; Association also acknowledges and agrees that neither the Association nor Owners have, nor shall it claim on its own behalf or on behalf of the Owners any right, title, or interest in the Brand, the Mazks, or the Licensing Arrangement; and neither Association nor the Owners are third party beneficiaries of the Brand, the Marks, or the Licensing Arrangement, intended or otherwise. Association acknowledges that in addition to the Licensing Arrangement, there may exist a licensing arrangement between Brand Owner and Developer with respect to the sale and marketing of the Club and the operation of certain property which may not have been declazed as part of the Condominium. C:\Documents and Settings~SpilleraU.ocal Settings\Temporary Internet Files\OLK19\Management Agreement-Condo Services CLEAN (02-25-1M)rls i .doc "",~ , Association acknowledges that the Hotel Unit Owner has a licensing arrangement ("Hotel Licensing Arrangement") with the Brand Owner to use the name "St. Regis" in connection with the operation of the Hotel Unit. Association acknowledges and agrees that neither the Association nor Owners have, nor shall Association claim on its own behalf or on behalf of the Owners, any right, title, or interest in the Hotel Licensing Arrangement, and neither Association nor the Owners are third party beneficiaries of the Hotel Licensing Arrangement, intended or otherwise. d. Assessments to Support Maintenance of the License Standards. Association acknowledges and agrees that Manager's ability to operate the Condominium Property in accordance with the License Standards and requirements of the Licensing Arrangement is in large part dependent on the annual approval by Association of a Budget which is adequate both in terms of operating and reserve assessments to support such efforts by Manager. In this regard, Manager agrees to use its best efforts, consistent with its duties and obligations as set forth in this Agreement and in the Condominium Documents, to prepare and approve annual Estimated Budgets (defined in Paragraph S.d below) sufficient to cover the costs of maintaining the Condominium in accordance with the License Standards. Association acknowledges that it may be requested by Manager on occasion to approve a Special Assessment against the Owners with respect to an item mandated by the Licensing Arrangement in order for the Condominium Property to continue to conform with the License Standards and requirements of the Licensing Arrangement, which item is so immediate in nature that a delay in assessment of same until the next Association fiscal year is not practicable. Association further acknowledges and agrees that failure by Association to approve either an Estimated Budget recommendation or a requested Special Assessment in this regard may result in the termination of the Licensing Arrangement. Notwithstanding anything in this Agreement to the contrary, Association agrees that in no event shall termination of the Licensing Arrangement, in and of itself, for any reason and by any party thereto, constitute breach of this Agreement by Manager or an incident of default by Manager under this Agreement. Association will use its best efforts to assure compliance of the Condominium and Association with the License Standards and this section. e. Term of Licensing Arran e~~ment. Association acknowledges that, pursuant to an arrangement between Manager and Brand Owner, the Licensing Arrangement shall continue for the Term; provided, however, that if Brand Owner deternrines that the Condominium Property is not being operated, managed, or maintained in accordance with the License Standards, Brand Owner may immediately terminate the Licensing Arrangement. Additionally, Association acknowledges that Brand Owner may, pursuant to its arrangement with Manager, terminate the Licensing Arrangement in the event of Association's banlauptcy or insolvency; Association's liability for a large adverse court judgment; or Association's dissolution or liquidation. Additionally, Brand Owner may terminate the Licensing Arrangement if Manager is no longer affiliated with Brand Owner; provided however that if Brand Owner terminates the Licensing Arrangement because Manager is no longer an affiliate of Brand Owner, then Manager shall have the right, but not the obligation to enter into another Licensing Arrangement for a comparable hospitality brand including that brand's service marks and trademarks, in which event such replacement brand and mark shall for all purposes under this Agreement be deemed a "Comparable Brand." If the Licensing Arrangement is terminated, the Brand and the Marks shall be removed from the Condominium at Association's expense. 5. Power and Duties.. Manager's powers and duties under this Agreement include_the following:_ __ _ _ _ _ a. Condominium Manaeement and Operations. Manager is responsible for: (i) the general operation of the physical properties that constitute the Condominium Property, including buildings and improvements; and (ii) any other Condominium operational matters. Manager is not responsible for, and holds no rights in or to, the operation of the physical properties that constitute the Commercial Units or Hotel Unit. b. Maintenance and Repair. Manager is responsible for the maintenance and repair of the Condominium Property, to the extent that the Association is required to maintain and repair same, as provided in the Condominium Documents. Manager is not responsible for, and has not authority for, the maintenance or repair of the Commercial Units or Hotel Unit. c. Accountin.„g and Financial Reportine. Manager has the following powers and shall be responsible for the following duties concerning accounting and fmancial reporting services for the Condominium: C:\Documents and Settings~spillera\Local Settings\Temporary Internet Files\OLKl9\Management Agreement -Condo Services CLEAN 4 (02-25-04)rlsl .doc `fir' (1) Establishment and Administration of Association Bank Accounts. Manager shall deposit all funds collected from the assessment of Owners or funds otherwise accruing to Association in accounts with a bank or other institution, subject to compliance with any Board directions. Such accounts shall be held in the name of Association with suitable designations indicating the source of the funds. In the alternative, Manager is authorized to invest collected funds on behalf of the Association as permitted by the Board provided that such investments are styled so as to indicate the custodial nature thereof. Manager shall maintain all funds collected sepazately, and shall not commingle them with similar funds collected on behalf of other vacation ownership, condominium or owners' associations. Manager shall not commingle the reserve and operating funds of Association, except to the extent permitted by the Board. Manager shall not be liable for any loss resulting from the insolvency of any depository or the loss from any investment. Manager is authorized to draw on Association accounts for any payments to be made by Manager to discharge any liabilities or obligations incurred pursuant to this Agreement, for the payment of the management fee (as set forth in Paragraph 11), or any other disbursements properly incurred on Association's behalf. (2) Maintenance of Books and Records. Manager is responsible for maintaining Association's financial records, books, accounts, and other official records as provided by Colorado law and the Condominium Documents. Manager shall issue certificates of account to members, their mortgagees, and lienors on request without liability for errors unless made as a result of gross negligence. On reasonable notice, Manager shall produce copies of any such records in accordance with applicable law at the expense of the party requesting them. All books and financial records of Association shall be made available by Manager to any legal authorities with jurisdiction for inspection on request as permitted by law and at Association's expense. Manager will comply with the Condominium Documents, the Act and other applicable law with respect to Owner access to Association records, and shall charge reasonable fees to reimburse the Association for costs incurred therefor. (3) Annual Financial Report. Manager shall render a financial report to the Board for each calendar year no later than June 1 of the following year. (4) Preparation of Annual Tax Returns. Manager shall engage competent, professional assistance as necessary for the preparation of any tax returns, forms, or other filings required by any local, state, or federal agency, and Manager will provide any assistance necessary in the compilation of financial data from the books and records of Association required for the completion of these documents. d. Estimated Buds:et. Manager shall prepare and present a recommended estimated Budget ("Estimated Budget") for review and action by the Board. Should a Special Assessment be required during the yeaz, it shall be recommended and presented to the applicable boazd or association for adoption in compliance with the Condominium Documents, and the members of the applicable association shall be advised thereof and the share shall be payable by each of the members pursuant to the Condominium Documents. Manager shall use its best efforts to collect Regular and Special Assessments from the members based on the foregoing. - -- e. Replacement of Personal Prouerty. Manager has the sole authority and responsibility to maintain and replace personal property on Condominium Property as required. The portion of Assessments collected for reserves for replacements and repairs will be set aside in Reserve Accounts for replacements and repairs as required by the Condominium Documents. f. Compliance with Laws. Manager is authorized to take action as may be necessary to comply with all laws, statutes, ordinances, and rules of all appropriate governmental authorities and with the rules and regulations of the National Boazd of Fire Underwriters (or in the event it shall terminate its present functions, those of any other body exercising similar functions) as applicable to the Association and the Condominium Property. g. Coordination of Annual and SQecial Meetings of Owners. (1) Manager shall provide a representative to attend all meetings of the Owners and shall be responsible for delivery of notices of all such meetings in accordance with the Condominium Documents. C:\Documenu and Settings\spillera\Local Settings\Temporary Internet Files\OLKl9\Management Agreement-Condo Services CLEAN (02-25-04~Is1.doc °~ (2) Manager shall provide assistance to the Board in preparing an agenda for all such meetings and in preparing any reports, charts, or other material for presentation at such meetings that are requested by the Board. Manager also shall prepare a draft of the minutes of all such meetings for review and approval by Association's secretary. h. Coordination of All Board Meetines. (1) Manager shall provide a representative to attend all meetings of the Board and shall be responsible for delivery of notice of all such meetings in accordance with the Condominium Documents and applicable law. (2) Manager shall provide assistance to the Board in preparing an agenda for all such meetings and any reports, charts, or other material for presentation at such meetings that are requested by the Board. Manager shall prepare a draft of the minutes of all such meetings for review and approval by Association's secretary. i. Maintenance of Owners List. Manager shall maintain among its records a complete list of the names and addresses of all Owners. This list shall not be published or distributed to any Owners or third parties, other than as expressly directed by the Association board, as required by the Condominium Documents, the Act or other applicable law. j. Association Rules. Subject to the Association's authority in such matters, Manager is responsible for the promulgation, adoption, and amendment of all Association Rules as it deems advisable for the use and occupancy of the Condominium, and is responsible for enforcing same, all subject to the approval of the Board. Manager shall determine, in its sole discretion, all activities and programs to be carried on as to same and shall employ the personnel or contract for the service required therefor as it determines in its sole discretion. k. Alterations and Additions. Manager shall make alterations or additions to the Condominium Property as authorized, pursuant to and in accordance with the Condominium Documents. 1. EtnQloyment of Professionals. Manager shall retain and employ such professionals and such other experts whose services may be reasonably required to allow Manager to effectively perform its duties and exercise its powers under this Agreement and as it deems most beneficial. m. Damage to Property. If repair or restoration of the Condominium Property or any portion thereof is required due to loss by act of God, or by other cause, which is other than normal wear and tear, then in such event Manager is authorized and empowered to determine, assess, charge, and levy costs of repairing and restoring the loss among the Owners. The costs shall be assessed, charged, and levied among the Owners in the proportions required by the Condominium Documents. The total Assessment shall be equal to the cost of the repair which shall include the costs of Manager's personnel and overhead, materials, and equipment. --_ n. Insurance. Manager shall obtain and maintain all insurance policies required to be obtained and maintained by Association pursuant to the Condominium Documents. Manager is authorized to act as agent for Association, each Owner, and for each owner of any other insured interest and, further, to adjust all claims arising under the insurance policies subject to the provisions of the Condominium Documents. Manager also is authorized to file lawsuits and deliver releases on payments of claims; to otherwise exercise all of the rights, powers and privileges of the insured parties, and to receive on behalf of the insured parties, all insurance proceeds, subject to the provisions of the Condominium Documents. Whenever possible, insurance policies shall name Manager and any Sub-manager as additional insureds or co-insureds. o Collection of Assessments. Manager shall be responsible for the collection, on behalf of Association, of all Assessments, charges, or other payments from Owners including the Regular Assessments, Special Assessments, Personal Charges and all other monies and debts which may become due to Association. Should an Owner fail to pay an Assessment or Personal Charge as provided in the Declaration, Manager is authorized to take any action authorized by law to remedy the outstanding debt. Manager is authorized to file liens on behalf of Association C:\Documents and Settings~spillera\Local Settings\Temporary Internet Files\OLR19\Management Agreement-Condo Services CLEAN (02-25-04)rlsl .doc ,° `~"` against any Owner who fails to pay their Assessments. Manager has the right to enforce any lien for unpaid Assessments and all other sums due from an Owner to the same extent as Association has this right by virtue of the Condominium Documents. Association also authorizes Manager to assign any such liens to a third party as its deems advisable in Association's best interest. Manager may compromise liens for interest, late charges, or any fines imposed in such amounts as it deems advisable, in its sole discretion, and may satisfy liens of record and render statements as to the current status of an Owner's Assessments and all other sums due. Manager is further authorized to use the services of a collection agency for collection of delinquent accounts and to charge the delinquent Owner for such costs. p. Authority to Lease Rent or Purchase Materials and Supplies. Manager may lease, rent, or purchase equipment, tools, vehicles, appliances, goods, supplies, and materials as reasonably necessary to perform its duties and responsibilities pursuant to this Agreement. Purchases shall be in the name of Association at Manager's discretion and the costs for the purchases shall be Common Expenses. All purchases made pursuant to this Subparagraph shall be made on an as-required basis as determined by the Manager. Notwithstanding anything in this Agreement to the contrary, all personal property of Manager, including property acquired by Manager with its own funds during the Term shall remain the property of Manager regardless of the use of such property in carrying out 1~Ianager's duties and obligations under this Agreement. q. Authority to Lease Rent or Negotiate the Purchase of Real Property. Manager may lease or rent real property as agent for and on behalf of Association in compliance with the Condominium Documents. At the request of the Association, Manager may act as Association's agent in conjunction with the negotiation for the purchase of real property incompliance with the Condominium Documents. 6. Manager's Duty. Manager shall deal at arm's length with all third parties and shall serve Association's interests at all times. This Agreement shall not be construed as prohibiting Manager, or any fum or corporation, or any affiliate of Manager, from conducting or possessing an interest in any other business or activity, including ownership, financing, leasing, operation, development, management, or brokerage of real or personal property. Manager is expressly authorized to sub-contract with one or more of its affiliates in carrying out its obligations under this Agreement, and, in addition to the Licensing Arrangement, contract with or engage affiliated entities for the provision of any services or goods provided by Manager under this Agreement; provided that such contract or engagement is commercially reasonable and disclosed to the Board. Manager and its officers, directors, employees, shareholders, agents, and affiliates may be performing services similar to the services performed under this Agreement for other associations and entities. In this connection, Manager is authorized to provide or cause to be provided such services as appropriate on a consolidated basis whereby such services are provided to more than one association. To require the Manager to cost account with regard to each project, and between Association and other persons in interest as to other properties managed by Manager, would substantially increase the costs of administration under this Agreement borne by Association. Accordingly, the Manager may allocate to Association its appropriate and fair share of such costs and expenses as are general,-and as to those, which are not. general, to charge-the same o the appropriate party(ies)_on_snch basis (weighted or not) as Manager deems fair and equitable. 7. Independent Contractor. Manager is an independent contractor of Association. Association releases any right of control over the method, manner, or means by which Manager performs its duties and responsibilities under this Agreement. 8. Expenses. All expenses incurred by Manager on behalf of Association pursuant to this Agreement, including Manager's fee, overhead, and expenses, shall be Common Expenses. 9. Aid and Assistance. Association shall aid and assist Manager, in any reasonable manner requested by Manager, in collecting assessments and effectuating the purposes of this Agreement. 10. Deficits. Manager shall not be required to undertake to pay any costs or expenses for the benefit of Association or its members from its own funds, and shall only be required to perform its services and make disbursements to the C:\Documents and Settings\spillera\Local Settings\Temporary Internet Files\OLKl9\Management Agreement-Condo Services CLEAN ~ (02-25-04)rlsl .doc ~..~. extent that, and as long as, the payments of assessments or other revenue, if any, received from Association or its members are sufficient to pay, in full, the costs and expenses of such services and the amounts of such disbursements. Manager's duties and responsibilities under this Agreement and the performance thereof shall be subject to and limited by the availability of funds for the payment of the expenses associated therewith and the payment of the other amounts required in this Agreement. In that regard, Manager does not represent, guarantee, or promise any specific standard of services and performance of such obligations and duties under this Agreement, but agrees only to use its best efforts, with available funds. If it appears to Manager that the assessments are insufficient to pay the same and to adequately provide full reserves, Manager promptly shall determine the amount of additional assessments required and advise the Board accordingly. 11. Management Fee. Manager shall provide the services required of it under this Agreement, for which services Association shall pay to Manager an annual management fee equal to three percent (3%) of all money Manager is required to collect pursuant to the Estimated Budget, special assessments, or specific charges levied against an Owner, for such period. The Association shall pay the fee to Manager on a monthly basis with adjustments made in the next monthly payment of the fee as necessary to reflect changes in the level of money required to be collected. Payment of the fee shall be in addition to any other costs and expenses paid to Manager by Association pursuant to this Agreement. Notwithstanding the foregoing, the parties understand and agree that the provisions of this Paragraph which, subject to its terms, fix the fees under this Agreement for a specified time, are made in recognition of the fact that all of the active functions of Association have been delegated to Manager under this Agreement. However, if Association undertakes any action or incurs any expense in addition to those actions or expenses incurred by Manager, or as set forth in the Estimated Budget prepared by Manager, the same shall be paid by Association. 12. ~ecial Services. Manager may assess a Personal Charge against an Owner to recover the cost of providing special services on behalf of and at the request of the Owner in a reasonable amount determined by Manager. 13. Non-Interference. For so long as this Agreement remains in effect and is not properly terminated as provided in this Agreement, Association shall not interfere nor permit, allow, or cause any of its officers, directors, or members to interfere with Manager in the performance of its duties or the exercise of any of its powers under this Agreement. 14. Indemnification of Manas?er. Manager and any of its representatives, shareholders, employees, officers, directors, agents, and affiliates, including any Sub-manager (collectively, "Manager hmdemnitees") shall not be liable to Association or Owners for any loss or damage not caused by the gross negligence or willful misconduct of Manager or any Sub-manager. Association will and does hereby indemnify and save harmless the Manager Indemnitees from and against any such liability for damages, costs, and expenses, including reasonable attorneys' fees and costs (including legal assistants' fees, and fees and costs incurred in all bankruptcy and probate proceedings), whether suit is brought or not, and other professionals' fees, in connection with the performance of Manager's duties under this Agreement and from injury to any person or property in and about, or in connection with the Condominium from any cause whatsoever, unless such loss_or injury shall be solely caused by the gross negligence or willfuLmisconduct of Manager or-any-Sub=-- - manager. Manager and any Sub-managers each shall be designated as an additional insured in the comprehensive public liability policy obtained by or for the benefit of Association, and any additional premium therefor shall be the responsibility of Association. Association's indemnity obligations under this Paragraph arising prior to the termination or assignment of this Agreement shall survive termination or assignment. 15. Assienment. Manager may assign all or any part of this Agreement to an affiliate or other company under common management or control with Manager without the consent of Association. On such assignment and assumption Manager shall be released from any and all obligations under this Agreement. Thirty (30) days' advance written notice of the assignment shall be delivered to Association. 16. Discounts. All discounts, rebates, or commissions or like items which pertain to purchases of goods or services by Manager on behalf of Association shall inure to the benefit of Association. C:\Documents and Settings\spillera\Local Settings\Temporary Internet Files\OLK19Vv1anagement Agreement-Condo Services CLEAN $ (02-25-04)rlsl .doc 17. Ownershiy of Manager. The developer of the Condominium, St. Regis Residence Club of Colorado, Inc., a Florida corporation ("Developer") is an affiliate of Manager and Brand Owner. Neither the Developer, Brand Owner, nor any shareholder, partner, or other subsidiary or affiliate of Developer or Brand Owner has agreed or will agree to assume, guarantee, or otherwise be responsible for any of the obligations, acts, or omissions of Manager in connection with this Agreement. 18. Governin~~Law• Waiver of Jury Trial• Venue of Actions. This Agreement shall be governed by, and shall be construed in accordance with, the laws of the State of Colorado. The parties waive any right they may have under any applicable law to a trial by jury with respect to any suit or legal action which may be commenced by or against the other concerning the interpretation, construction, validity, enforcement, or performance of this Agreement or any other agreement or instrument executed in connection with this Agreement. In the event any such suit or legal action is commenced by either party, the other party agrees, consents, and submits to the personal jurisdiction of the Superior Court in and for Pitkin County, Colorado, with respect to such suit or legal action, and each party also consents and submits to and agrees that venue in any such suit or legal action is proper in said court and county, and each party waives any and all personal rights under applicable law or in equity to object to the jurisdiction and venue in said court and county. Such jurisdiction and venue shall be exclusive of any other jurisdiction and venue. 19. Waiver. No waiver of a breach of any of the covenants in this Agreement shall be construed to be a waiver of any succeeding breach of the same or any other covenant. 20. Modification. No modification, release, discharge, or waiver of any provision of this Agreement shall be of any force, effect, or value unless in writing and signed by the parties. 2 i . Entire Agreement. This Agreement and the Condominium Documents constitute the entire agreement between the parties, and neither party has been induced by the other by representations, promises, or understandings not expressed in this Agreement or the Condominium Documents. There are no collateral agreements, stipulations, promises, or understandings whatsoever between Association and Manager, in any way touching the subject matter of this instrument, or the instruments referred to in this Agreement that are not expressly contained in this Agreement or in the Condominium Documents. 22. Partial Invalidation. The invalidity in whole or in part of any covenant, promise, or undertaking, or any paragraph, subparagraph, sentence, clause, phrase, or words, or of any provision of this Agreement shall not affect the validity of the remaining portions of this Agreement. If any provision of this Agreement proves to be illegal, invalid or unenforceable, then the remainder of this Agreement shall not be affected by such finding, and in lieu of each provision of this Agreement that is declared illegal, invalid or unenforceable ("Unenforceable Provision"), a provision shall be added as a part of this Agreement that is as substantively similar as possible to the Unenforceable Provision. 23. Notices. Except as may be otherwise provided in this Agreement, any notice, demand, request, consent, approval, or communication under this Agreement shall be in.writing and-shall he_deemed duly given.nr-made:.-(i) - three days after being deposited, postage prepaid, in the U.S. mail, certified or registered mail with a return receipt requested, addressed to the party at the address shown above; (ii) when delivered personally to the party at the address specified above; or (iii) when delivered by a reliable overnight courier service, fee prepaid, with receipt of confirmation requested, addressed to the party as specified above. A parry may designate a different address for receiving notices under this Agreement by giving notice to the other party in accordance with this Paragraph. 24. Default by Association. If Association or its members interfere with Manager in the performance of Manager's duties, responsibilities, or the exercise of Manager's powers under this Agreerent, fails to promptly do any of the things required of it under this Agreement; Association declares or is placed into banlQtrptcy or becomes insolvent; Association becomes liable for an adverse court judgment in excess of $100,000; or Association dissolves or liquidates, then Manager shall have the option of giving the Association a written notice of default. If Association fails to cure the default within thirty (30) days after receipt of written notice from Manager, or if the default is not curable within thirty (30) days and Association fails to cornmence to cure and thereafter diligently proceed to cure, Manager shall have the following rights: (i) exercise such rights or any other remedies given it by agreement or in law or equity, (ii) tetTninate C:\Doeuments and Settings\Spillera\Local Settings\Temporary Internet Files\OLKI9Uvtanagement Agreement-Condo Services CLEAN 9 (02-25-04)rlsl .doc this Agreement, in which event it may also bring an action against the Association or Owners for damages; or (iii) bring an action against Association or Owners for damages or injunctive relief. In connection with each default by Association, Association shall be liable for Manager's reasonable attorneys' fees and costs, whether suit is brought or not and including any fees and costs incurred in all banlauptcy and probate proceedings, and other professionals' fees and costs incurred thereby. All rights of Manager, on default, shall be cumulative and the exercise of one or more remedies shall not be deemed to exclude or constitute a waiver of any other additional remedy. Notwithstanding anything in this Agreement to the contrary, in no event shall Association or Owners or their respective affiliates, or its or their employees, officers, directors, agents, or assigns be liable to Manager for punitive damages or for incidental or consequential damages (specifically including loss of anticipated income or intangible benefits or loss due to business interruption) resulting from any default under this Agreement. 25. Default by Manager. If Manager fails to perform as required under this Agreement, then Association shall have the option of giving the Manager a written notice of default. If Manager fails to cure the default within thirty (30) days after it receives a written notice of default from Association, or if the default is not curable within thirty (30) days and Manager fails to comrrrence to cure and thereafter diligently proceed to cure, Association shall have the following rights: (i) the Owners may cancel this Agreement by a vote that complies with Section 3, in which event Association may also bring an action against the Manager for damages or (ii) bring an action against Manager for damages or injunctive relief. Notwithstanding anything in this Agreement to the contrary: (i) the termination of the Licensing Arrangement for any reason shall not be deemed a failure to perform or default by Manager under this Agreement; and (ii) in no event shall Manager or its respective affiliates, or its or their employees, officers, directors, agents, or assigns be liable to Association or Owners for punitive damages or for incidental or consequential damages (specifically including loss of anticipated income or intangible benefits or loss due to business interruption) resulting from any default under this Agreement. 26. Use of the Brand the Marks and other Pronrietarv Material. Association agrees that the Brand and the Marks are and always shall be the personal property of Brand Owner, subject to the rights of Manager pursuant to the Licensing Arrangement and any parties to whom Manager shall expressly delegate its rights thereunder to use the Brand and the Marks. Accordingly, Association and all Owners shall have no right to use the Brand or the Marks at any time during or after the term of the Licensing Arrangement. Association agrees that it shall take no actions which are inconsistent with this Agreement or which may result in a termination of the Licensing Arrangement. Association further acknowledges that Manager and its Sub-managers (if any) may use certain personal or intellectual property owned by Manager, aSub-manager, or Developer relating to the management, operation, or marketing of the Condominium (collectively, the "Manager Materials"). Association hereby agrees that the Manager Materials aze and always shall be the personal property of Manager, Sub-manager, or Developer as the case may be. Accordingly, Association shall have no right to use any of the Manager Materials at any time during the Term. On termination of this Agreement for any reason, Association and all Owners shall abstain from using the Manager Materials and shall return any Manager Materials in its or their possession to Manager within fifteen (15) days after termination of this Agreement. -_. On termination of the Licensing Arrangement, Manager and Association will take whatever action is necessary to assure that the Condominium is no longer associated with or identified with the Brand or Marks, and that no Brand or Mark is being used by Manager or Association or any of their agents, in connection with the Condominium Further, Association shall take whatever action is necessary to assure that any materials related to the Brand or Mazks in the possession of or under the control of the Association are irrurrediately returned to Brand Owner and Association shall, or shall cause Manager at Association's expense to, remove all distinctive Brand features, including signage, and take all other actions (collectively, "De-identification Actions") required to preclude any possibility of confusion on the part of the pubic that the Condominium or any part thereof aze still associated or in any way identified with the Brand or Marks. If within thirty (30) days after termination of the Licensing Arrangement, Manager or Association fails to comply with this Paragraph, Brand Owner or its agents, at Association's expense and on Association's behalf, shall have the right and license to enter onto the Condominium and perform any and all De-identification Actions. The preceding sentence shall not in any way limit Brand Owner's rights or remedies with regard to any unauthorized use of the Brand or Mazks. 27. Excusable Delavs. In the event that Manager is delayed or hindered in, or prevented from the performance of any act required under this Agreement by reason of strikes, lock-outs, labor troubles, inability to procure materials, C:\Documents and Settings~spillera\L.ocal Settings\Temporary Internet Files\OL.K19\Management Agreement-Condo Services CLEAN 1 ~ (02-25-04)rls l .doc failure of power, restrictive governmental laws or regulations, riots, insurrection, war, act of God, or any other reason beyond Manager's control, then performance of such act shall be excused for the period of the delay, and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. 28. Reasonableness Standard for Consents. Under any circumstance in which this Agreement requires one party to consent to the actions of the other party, the party whose consent is required shall not withhold such consent unreasonably. 29. Plural and Include. Where the context so indicates, a word in the singular form shall include the plural. The term "include" and similar terms (~, includes, including, included, comprises, comprising, such as, e.g., and for example), when used as part of a phrase including one or more specific items, are used by way of example and not of limitation. In witness whereof, the parties have executed this Agreement the day and date first above written. Aspen Residence Club and Hotel Condominium Association, a Colorado nonprofit corporation, By: (Print Name) As its: St. Regis Colorado Management Inc., By: (Print Name) As its: C:\Documents and Settings\Spillera\Local Settings\Temporary Internet Files\OLK19Uvianagement Agreement-Condo Services CLEAN 11 (02-25-04)rls I .doc .. _~~, ~. ~ yam.,,.,. a PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: St. Regis Hotel, 315 East Dean Street, Aspen, Co., Lot 1, Aspen Mountain Subdivision PUD, by ordinance of the Aspen City Council, numbered 25. The site-specific development approval is for conversion of 98 existing hotel rooms into 24 timeshare units and one condominium unit, conversion of a portion of existing meeting room, office and accessory space into a 15,300 square foot spa, and reduction of the 22 approved, but un-built hotel rooms in Building C into 20 hotel rooms. For further information contact Scott Woodford at the Aspen/Pitkin Community Development Dept. located at 130 S. Galena St, Aspen, Colorado (970) 920-5102. s/City of Aspen Published in The Aspen Times on June 21, 2003 Timeshare Disclosure Statement: The land use application says that 1 whole condominium unit will be retained, however, the disclosure statement says in one place that 2 will be retained and another it says that 4 will be kept. Which figure is correct? 2. Blue Spruce Building: Does reconfiguration of Blue Spruce Building from 22 units down to 20 require a PUD Amendment? ~~~ F~~~ ~~~ ~,. 3. Preservation of Existing Lodging Inventory: My calculations result in their being less number of both units and bedrooms with the conversion versus the existing. If my calculations are correct, what is the implication for not complying with this rovision of the timeshare ordinance? u1r ~~'~`~ov~`ChSC~~ ~°~{~~ tit g~ (, nat- b~ I{- c~tl- ~6~ Ids ~1 ~ 0,4~~ Existing # of Units Existing # of Bedrooms Proposed # of Units Proposed # of Bedrooms Applicant Calculations 2571odge 257 167 Bldg A 167 56 BR's (for 23 timeshare units) 22 Bldg C 22 25 Bldg B 61 23 sleeper sofas 20 Bldg C 20 167 BR's (Bldg. A) 20 BR's Bldg) 279 units 279 bedroom 212 keys 248 bedrooms 266 BR's 4. Employee Generation: The original PUD/Subdivision Agreement only accounted for employee generation from three categories: new lodge operations, accessory food and beverage space, and accessory retail space. Why does it not include employee generation for spa and meeting space, which obviously generate need for employees? °~f'~', ~oo~~+a -~ C~-c1~~ c~e ~~a~~ cr~`~~ ~~r+~I ;`-~ 5~1 C~~~1~~~~a~ I~l~~~~''~~5 ~~~,~1-~~Io~l wn~ ~~rcu~Cw~ 1 e If we agree that those uses should be included, then what generation factors shoo d b~ used to calculate the requirement for the spa and meeting space? Should the Employee Generation numbers compare the standard employee generation numbers is use when the hotel was approved, or the one's used today? Pg. 110: The tab ences 24 2-BR's proposed. Shouldn't it be 13 2-BR's instead? 5 Reminder: us' Authority Meeting on March Sty'. ,, "~ ,~' _ ~ 2')31 ig2~ ~DO~ ~~~~ 1~ 5. Accessory Uses: We know that some accessory uses are changing places within the building. Is there any net increase in accessory square footage as a result of this change? ~.s ~ l\ a cuy~ ~ ~~ C, 6. Reconstruction versus Remodel: Code says it's a remodel, not a reconstruction, therefore, you need to comply with the remodel GMQS exemption (i.e. no increase in number of dwelling or lodge units and that there is no change of use-and there isn't because the conversion is going from tourist accommodation to tourist accommodation. ~~ C~i~~) 7. Parkin :Statement on page 111 -Explain how you came up with the parking requirement. ~_~~~~ ~~\ ~~~ -~~'s ms's = ~~. ~ ~~~ , ~~ ~. c~ J (~.llr~-.t~`~ (De~, ~cl t~eS~ ~rn~`~+ ~~wts uer~~ ~(.~. (o~~,t, F1~~s ~'"~- ~ (~~u~~ 2 _ __ .._ ____ _. ~ ~~ ~ ~ 'f ~m-5~~~`' . ~:~sZ'~`"~"~~ ~ ~c.. ,~can~l 0 rtu~tiw -w~- c~-°d'1-~ ~~ -~~ Z ~ro4v~n53~U~bn ~~~,~~aG~,~~ ~ , eec~~~ o~- ~~, ~~~~ ~ ~~ ~ti ~~~s ~ `~ .'~y~ ~ ;~~- ~~~ ~ ~ ~~ s ~ ~~ wl~~s ~,~:,~ : C'cr~-~Yt~1 ~ya~'~`~~ ~ . ~au~nc~~ C ~,~, - ~3 56CC~ 3 ~~~2 c~~~ c~:~ : aZ5 ~o©o C~ s 2 ~ ~ 1'~"S 3. I~~S o~ ~~~ ~r~vt~ Ia . ~~~~5 rooms y~. rJ1~nc,~>a FP ~, ~.~~(s d. ~I~s ~. ~~~~~~ 5. VL~.~1~r~~e~~ J~'Ic ~~, ~~ ~ ~~~~~~~ ~~ ~-~-~i--~~~- ~I~ZI boo 'l~i~l 2226 ._~ ~~~ c~~~~ ~~~ ~~^ ~'c' ~ - 1~~~~Gf`~ 3I b l tr~~ o~~'< rw`-~C-a` 3 ? c~~,~ 1~ c;~~~bnb~~k~ u~~`~S ~~ 1 y ~ ~- ~- i r, ~ ~ era 1~3~op~15~ ~ 2`~ ~ `~ ~3~1~,s ~~ l~ ~- 7,c~o~ ~ 3. ~ 5pc+~~c~' 1 S~ti~.~ s~-- ~~ ~c~l~nicic~5 ll ~i,e~l,~~` Uw'S ~ ~;ti15 `{~ Mc~ss~ °I~-~~ ~ 5i~ C 3y ~~~~ r~ lc -~ ~'~ ~~t-~s Z . ~l1-c~p~sS C~,J l.. ~ ~ ~r CU.~t~~~-~~~Clj~.~at~ ~cu~ ~~CGU~cgCti.~1~ ~~~e ~23~00 ~ J ,~~ VV ~~ ~`~ ~~ / C~ ~~ti ~ -.xrn~~ ~iy~-- ~~~ ~ 1~1 ~a ~~ ~2oQ w ~~e N~, ~ ~ ~.17~,~~c o~~A ~~e`~-fir ~ .. I~~yne , M o~rilIs @ rikZcc~-~~n C,~ rvl ~~I ~~~~ ZliO~~~ ~~ ~~~n~ rl~-~f,rr ~I~I~~O - 3°.x`5 ~i~ooD~ 50-6b er~lry~u,~ ~ rv~.4-, r~-~}r -~ `~~~~~~ ,,~,~. Joseph Wells Land Planning 602 Midland Park Place Aspen, Colrnado 81611 Phone :92'0.925.8080 Facsimile: 970.920.4378 e-mail: WeilsAs)pen~aol.cvm January 13, 2004 Mr. Scott Woodford Community Development Department, City of Aspen 130 S. Galena Street Aspen, CQ 81611 Dear Scott: Attached are. the two sets. of the- reprised dra~nrings for the St Regis, Aspen and the. Amendments to the PUD Agreement as corrected and executed by the owner's representative. Please let nae imow if i can .assist in .any way in circulating. the .drawings for execution or in the recording process. I'm sure that ynu are aware of the urgency in this case. We need to get the building permit application back in the review process to avoid a delay in commencement of construction in the spring. Thanks for all of your help in this effort. ~'~ Regarc~7 .~-~: ~.~ , ~~~ G ~__ ~`~~;~ Joseph Wells ~~ ~- ~~~ : ~, ~- v / ~ f/ ~, ~~ ('fL-~%g'-Jt~ ~ I i CC /'-GLv~~-. ~~ ~~",; ~H CITY OF ASPEN DISCLOSURE STATEMENT for the Aspen Residence Club Condominium Aspen, Colorado 1. The name and address of the developer of the timeshare development as well as a summary of the developer's business experience, including alt background and experience in the development of timeshare development, and the present financial condition of the developer. St. Regis Residence Club of Colorado Inc. 8801 Vistana Centre Drive Orlando, Florida 32821 ("Developer") Developer is a wholly owned subsidiary of Stanwood Vacation Ownership Inc., ("SVO"), which in turn is a wholly owned subsidiary of Stanwood Hotel and Resorts Worldwide, Inc. (NYSE: HOT) ("Stanwood"). Developer will contract with other Stanwood and SVO affiliates to provide support services for this project. SVO, through its affiliates and predecessor companies, has over twenty years of development experience in the vacation ownership area. SVO's first project, Sheraton's Vistana Resort in Orlando, Florida, was established in the early 1980s and continues to be managed by an SVO related company today as a thriving and successful project. Stanwood, through its St. Regis, Luxury Collection, Westin, Sheraton, Four Points and W brands, is one of the leading hotel and leisure companies in the world with more than 700 hotels in 80 countries and 120,000 employees at its owned and managed properties. SVO through various subsidiaries and affiliates is currently developing and/or operating 15 vacation ownership resorts, located in Florida, Colorado (including this proposed resort), South Carolina, the U.S. Virgin Islands, Arizona, California, Hawaii, and the Commonwealth of the Bahamas. The annual report for Stanwood is available on request. 2. The name and address of the manager/management company for the development, if any, and a description of the manager's/management company's responsibilities, powers, duties, authority and business experience.- - Al! information on the manager's background- and- experience- -- specifically related to timeshare development shall be provided. St. Regis Colorado Management Inc. 8801 Vistana Centre Drive Orlando, Florida 32821 A non-profit condominium association (the "Association") has been or will be formed under Colorado condominium laws to operate and manage the Aspen Residence Club Condominium and the St. Regis Residence Club vacation ownership use plan (the "Plan"). As permitted by law, the Association has or will delegate its management and administrative responsibilities to a subsidiary of SVO, St. Regis Colorado Management Inc., ("Manager"). The Manager will operate the condominium under C:\Documents and Settings~spillera\Local Settings\Temporary Internet Files\OLKl9\St. Regis ASPEN DISCLOSURE 1 STATEMENT (CLEANx2.26.04)l.doc ~~ the St. Regis brand and will provide hospitality and condominium management services to the Association. SVO, through its various management subsidiaries, has over twenty years of experience in the resort management area and is today managing or has contracted to manage over 15 resorts worldwide. 3. The names and addresses of the marketing entity and the listing broker and a statement of whether there are any lawsuits pending or investigations that have been undertaken against the marketing entity or listing broker, and if so, a description of the status or disposition of said lawsuits or investigations. A summary of the marketing entity's business experience including all background and experience related to timeshare development. All marketing and sales activity will be conducted through the Developer; or one of its Affiliates. The Developer may also conduct sales activities through one or more local real estate brokers. All sales activity requiring real estate licensing will be conducted through licensed real estate brokers and brokerage companies in the state in which such activity takes place. A broker or brokerage entity will be designated prior to conducting any sales activities requiring such licensing. There are no lawsuits pending and no investigations that have been undertaken against the Developer. See item number 1 above for a summary of the Developer's experience in the area of sales and marketing of vacation ownership interests. 4. A description of the timeshare units, including the developer's schedule for completion of all buildings, units, and amenities, with dates of availability. The Developer anticipates that the Plan will initially consist of 25 residential units; however the Developer has reserved the right, subject to local approval and the Developer's ability to establish a GMQS exemption for such units, to sell up to four of the residential units as whole condominium units. Units submitted to the Plan will be considered "Club Units". Units sold as whole condominium units will not be subject to the Plan and will not be considered Club Units. The Club Units will be a combination of two-bedroom units and three-bedroom units ranging in size from approximately 1600 to 2700 square feet and will be completely furnished. The estimated date for completion of construction for all Club Units, and condominium common areas is eight (8) to twelve (12)- months -from- receipt -of appricable construction permits (a specific date will be inserted once final approvals are obtained and a construction schedule has been developed). All Club Units will be ready for occupancy upon issuance of a Certificate of Occupancy ("CO") or Temporary Certificate of Occupancy ("TCO") by the appropriate governmental authorities. In addition to condominium common areas, the owners and occupiers of the residential units will from time to time have certain easement and/or license rights over various hotel facilities and amenities (the "Shared Facilities"). All Shared Facilities (except for the spa) will be complete by the time the Club Units are available for occupancy. The spa will be completed shortly after the first Club Units are ready for occupancy. C:\Documents and Settings~spillera\Local Settings\Temporary Internet Files\OLK19\St. Regis ASPEN DISCLOSURE 2 STATEMENT (CLEANx2.26.04)l.dce r r ~w~' 5. If the timeshare plan consists of a condominium or similar form of ownership, a description of the development and any pertinent provisions of the condominium instructions. The St. Regis Hotel will be converted into a condominium with 25 residential units, an undetermined number of retail commercial units and a hotel unit. Certain facilities and amenities included in the hotel unit, previously identified as the Shared Facilities, will be made available to Club Interest owners through a grant of easement or license. Club Interest (as defined in number seven) owners will be responsible for a proportionate share of the cost of maintaining and operating any such Shared Facilities. The condominium declaration (the "Declaration") will allow the residential units to be subjected to a timeshare/vacation ownership/fractional use plan and provide for the creation of the Association which will be responsible for administration and management of the condominium and the Plan. 6. Any restraints on the transfer of the purchaser's interest in the timeshare units or plan. The Declaration will prohibit an owner of a Club Interest (other than the Developer) from partitioning, subdividing or conveying part but not all of a Club Interest. The Declaration will also require that any outstanding real estate taxes or maintenance fees be paid prior to transfer of the title to a Club Interest. In addition, the transferor of a Club Interest will be required to provide the intended transferee with all documents and information required by the City of Aspen Municipal Code and the State of Colorado. Developer may also require that owners of Club Interests offer the Developer a right of first refusal on any offers that the owner of the Club Interest receives from third parties. 7. The timeshare use plan, which shall include a description of the rights and responsibilities under the plan. The Developer plans to commit a total of twenty-five residential units to the Plan, but __ _ _. - - will reserve the right to sell two of the units as whole condominium units. Each unit will have a total of 52 estates. Each estate will consist of seven consecutive days. The Developer intends (but is not obligated) to sell estates in increments of four to create a "Club Interest". The Developer anticipates that 11 Club Interests will be sold in each unit submitted to the Plan ("Club Unit"). Any estates not sold as part of a Club Interest may at the Developer's option be conveyed to the Association. These unsold estates may also be retained by the Developer or sold to a third party purchaser. Each Club Interest will provide the owner with use rights in one or more of the Winter Season, Summer Season and the Fa1USpring Season. Club Interests with both floating and fixed use time will be offered. In addition, customers will have the ability to purchase their Club Interest with a fixed or floating unit right. Although the Developer anticipates selling annual and biennial interests (biennial interests give the C:\Documents and Settings~spillera\Local Settings\Temporary Internet Files\OLKI9\St. Regis ASPEN DISCLOSURE 3 STATEMENT (CLEANx2.26.04)l.doc ,, , .. owner the right to occupy a unit every other year), it will reserve the option of creating interests with use rights recumng less frequently than once every year or every two years (for example, once every three years). Based on the Developer's plan of creating estates other than annual estates, there could be more than eleven Club Interest owners for each unit submitted to the Plan. As of this date, the plan is not affiliated with an exchange program. However, an internal and/or external exchange feature maybe made available to Club Interest owners at a later date. 8. Notice of any liens, title defects or encumbrances on or affecting the title to the units or plan and, if there are encumbrances or liens, a statement as to whether, when and how they will be removed. Please see the attached title report. 9. Notice of any pending or anticipated legal actions that are material to the timeshare units or plan of which the applicant has, or should have, knowledge. The Developer currently knows of no pending or anticipated legal actions that are material to the timeshare units or plan. 10. The total financial obligation of the purchaser, which shall include the initial price and any additional charges to which the purchaser may be subject in purchasing the unit. At closing, each purchaser will be obligated to pay the purchase price for the Club Interest in addition to an administrative fee. The administrative fee will include closing costs, title insurance, documentary taxes, and may include a prorated portion of annual maintenance assessments, prorated real estate taxes, fees for reservation and exchange services, real estate transfer taxes and related expenses. After closing, owners of Club Interests will be required to pay city, state, county and district taxes levied against their interests; periodic assessments for the overall management,. administration and operation of the. condominium and Plane and_fees or __. _ assessments representing the owners proportionate share of operating, maintaining, repairing and replacing the Shared Facilities. Owners who finance their purchases maybe required to pay fees related to such financing. Each purchaser will be advised of all charges that they are subject to prior to closing. 11. An estimate of the dues, maintenance fees, real property taxes, sales taxes, real estate transfer tax and similar periodic expenses, and the method or formula by which they are derived and apportioned, which shall include whether maintenance fees are determined by unit, time of year, or prorated share of the overall maintenance costs, or any other means utilized to compute maintenance fees. C:\Documents and Settingslspillera\Local Settings\Temporary Internet Files\OLK194St. Regis ASPEN DISCLOSURE 4 STATEMENT (CLEANx2.26.04)l.doc -, ,~,,:~ Maintenance fees and other fees for each Club Interest are expected to range from $9,000.00 to $12,000.00 per year. Real estate and other taxes will be assessed, collected and remitted on behalf of owners by the Association. Maintenance fees and other similar periodic expenses shall be apportioned among the owners in accordance with the formula established under the Declaration. Purchasers will be provided with copies of the proposed operating budget for the Association as required by Colorado law prior to closing. 12. A description of any financing offered by the applicant. The Developer plans to make financing available to qualified purchasers on terms competitive in the market at the time of closing. The Developer, however, makes no guarantees that such financing will be available. 13. The terms and significant limitations of any warranties provided, including statutory warranties and limitations on the enforcement thereof or on damages. The Developer will warrant the materials and workmanship of the conversion work for each residential unit for a period of one year from the issuance of a Certificate of Occupancy that covers that unit. Unless required by Colorado law, Developer will make no other warranty or representation of any nature, express or implied, including, but not limited to, those of workmanlike construction, habitability, design, condition, or quality as to the property underlying the condominium, a unit, or the other improvements constituting the condominium the appliances and any other items of tangible personal property. In addition, Developer will disclaims all warranties including, but not limited to, those of merchantability or fitness for a particular purpose. Developer will assign to the Association any unexpired warranties Developer receives from manufacturers to the extent such warranties may be assigned. Appropriate disclosures of such warranties, and such limitations on any warranties, will be made to each purchaser in the purchase contract. 14. A statement that the proposed development will comply with all applicable requirements of Title 12, Article 61, C.R.S. Upon request from the City, the applicant shall provide a copy of the documents. submitted to the. State of Colorado for the.. registration and certification of the timeshare developer. The Applicant will comply with all requirements of Title 12, Article 61, C.R.S. and shall provide the City with a copy of the documents submitted to the State of Colorado for the registration and certification for the Developer. 15. A statement demonstrating the manner in which management/assessment fees will be held, utilized and accounted for. The Association will establish and maintain a reserve fund to provide for the repair and replacement of furniture, fixtures and equipment, as well as other maintenance items of the Condominium. The reserve fund will be funded through annual maintenance fees. Operating funds and reserve funds for the Association will be deposited in separate accounts controlled by the Manager and will not be commingled C:\Dceuments and Settingsl~pillera\Local Settings\Temporary Internet Files\OLK19\St. Regis ASPEN DISCLOSURE 5 STATEMENT (CLEANx2.26.114)l.doc ~, .. ~. ~,~,, w.~,r,~' by the Manager with other funds. Reserve funds will be maintained in separate accounts from operational funds. The Manager must account to the Association for receipt and disbursement of Association funds and is required to provide a financial report for each calendar year. The Developer will have no right to borrow from the maintenance or reserve funds, nor may Developer authorize borrowing from the funds by any other parties. 16. The extent to which a timeshare unit may become subject to a tax or other lien arising out of claims against other timeshare owners of the same timeshare unit. Under Colorado law the owners of a timeshare/vacation ownership/fractional estate in a unit are protected from any tax or other lien arising out of claims against timeshare owners of other estates within the same timeshare unit. 17. The minimum percentage of units the developer will require be sold before the developer will proceed with the completion of the timeshare unit. The developer is not requiring a minimum percentage of units to be sold, prior to completion of the timeshare unit. 18. A description of the maintenance to be supplied to the timeshare development, including how and when such maintenance will be provided. The management contract between the Association and the Manager will require that the project be adequately maintained in order to continue the licensing an angement to use the St. Regis name. Maintenance will include planned preventative maintenance throughout the year, and unscheduled maintenance on an as needed basis. In addition, each unit will receive a maintenance week which encompasses a thorough deep cleaning. The repair and replacement of unit furnishings, appliances, carpet, exterior painting, roof and other like items will be accomplished through a highly detailed, well managed replacement reserve program. 19. Whether any or all the..units in the proposed development will be_ available for participation in an exchange program. The applicant shall disclose which exchange program(s) the timeshare estate owners will be eligible to utilize. As of the date of this filing, the plan is not affiliated with an internal or external exchange program. However, it is anticipated that an internal andlor external exchange feature will be made available to Club Interest owners at a future date. 20. A description of all insurance covering the property. The Developer will require the Association to maintain fire and extended coverage insurance for full replacement value of the Club Units. Initially, insurance will be provided through Starwood Hotels and Resorts Worldwide, Inc.'s "blanket" insurance program. C:\Documents and Settings\spillera\Local Settings\Temporary Internet Files\OLK19\St. Regis ASPEN DISCLOSURE 6 STATEMENT (CLEANx2.26.04)l.doc -. ~°~ 21. A description of the on-site amenities and recreational facilities which are available for use by the unit owners. On-site amenities will include Club Unit amenities such as hot tubs and an audio/video system. In addition, Club Owners will have access to the "Shared Facilities" described above. Shared Facilities will include, the St. Regis Hotel's proposed facilities, heated swimming pool, hot tubs and exercise facility. 22. A statement that any timeshare interests shall be expressly subject to all requirements and representations set forth in the disclosure statement. Any timeshare interests submitted to the Plan will be expressly subject to all requirements and representations set forth in this disclosure statement. 23. For any timeshare development that is a conversion of an existing project, a statement shall be provided by the developer, based on a report prepared by an independent architect or engineer, licensed by the State of Colorado, describing the present condition of all structural components and mechanical and electrical installations material to the use and enjoyment of the timeshare units. The statement shall also provide a fist of any outstanding notices of uncured violations of building code or other municipal regulations, together with the estimated cost of curing those violations. (Aspen Municipal Code Section 26.590.90 A.) A conversion statement will be provided prior to final approval of the application. C:1Documents and Settings~spillera\Local Settings\Temporary Internet Files\OLK19\St. Regis ASPEN DISCLOSURE 7 STATEMENT (CLEANx2.26.1)4)I.doc *. ;, MEMORANDUM v~~~ TO: Mayor Klanderud and City Council THRU: Julie Ann Woods, Community Development Director FROM: Scott Woodford, City Planne RE: ST. REGIS HOTEL: PLANNED UNIT DEVELOPMENT AMENDMENT GMQS EXEMPTIONS, SUBDIVISION, AND TIMESHARE; ORDINANCE NO. ~~, SERIES OF 2003; FIRST READING DATE: May 12, 2003 The entrance to the St. Regis I3ote1 and Building A off of South Mill Street. .Building B is located up South Mill Street toward the ski mountain and Building C is located across Dean Avenue from Building A and is connected via a bridged walkway (see the site plan on the following page for how each structure sits on the site). All three buildings of the St. Regis Hotel are proposed for various interior renovations with this application. 'PROJECT : ST. `REGIS HOTEL REQUEST GMQS Exempfions, Planned Unit Development (PUD) Amendment, Timeshare, and SUMMARY' • Subdivision approvals to convert 98 existing hotel rooms into 24 timeshare lodge units and one residential unit in Building B, to convert a portion of the existing meeting room, hotel office, and accessory space on the Ballroom Level of Building A into an approximately 15,300 square foot spa amenity, to relocate the hotel offices into the existing spa facility on the Second Level of Building B, and to convert 22 approved (but un-built) hotel rooms in Building C into 20 hotel rooms. P&Z VOTE: Approval with conditions (Vote: 3-2) LOCATION: 315 East Dean Street STAFF APPROVAL WITH CONDITIONS RECOMMENDATION: ,ST. REGIS HOTEL STAFF REPORT PAGE 1 ,~, .. *~~ PROJECT SUMMARY' The applicant, SLT Aspen Dean Street, LLC, an affiliate of Stanwood Hotels and Resorts, has submitted an application requesting the appropriate land use approvals to make a number of interior improvements to the St. Regis Hotel. According to the application submitted for the proposal, the applicant proposes to make over $30 million in upgrades to the hotel, citing that the changes are necessary to help the St. Regis keep pace with other luxury hotels in competing resort communities, to recover lost business and to meet changing consumer expectations. The proposed changes to the hotel include the following requests (see Floor Plans in the Application on pages 16-24 for additional help in understanding the proposal): 1.) Conversion of 98 of the existing hotel rooms located on the 2°d through the 6~' floors in Building B into 24, two and three bedroom timeshare units and 1 whole residential unit. The applicant proposes to sell the timeshare units in 1/1 l~' increments. 2.) Conversion of a portion of existing meeting room and pre-function space, the business center and hotel sales and accounting offices on the Ballroom Level under Building A into an approximately 15,300 square foot spa for the use of guests. 3.) Relocation of the hotel sales and accounting offices from the Ballroom Level into the renovated 4,800 square foot spa space on the 2°d floor of Building B. 4.) Reduction of the number of un-built, but approved hotel rooms on the 2°d and 3~' floors of Building C (Blue Spruce Building) from 22 to 20 hotel rooms (resulting in a total of 16 hotel rooms and 4-one bedroom suites). The 22 units were part of the original approval, but were never constructed. This application seeks an Amendment to the original PUD to reduce the number of units from 22 to 20. Looking from South Mill Street towards Building B, which is proposed to house the 24 proposed timeshare lodge units and one whole residential unit on the 2na through 6~' floors. With this application, no changes are proposed to the exterior of any part of the hotel. ST. REGIS HOTEL STAFF REPORT PAGE 2 ~* ~`< If all of the changes are approved, a decrease in the number of units will result -from an existing total of 279 (257 built hotel rooms and 22 un-built, but approved hotel rooms in Building C) to 212 (187 hotel rooms, 24 timeshare lodge units and 1 whole residential condominium). PROPOSED SPA: The new 15,300 squaze foot spa facility is proposed to consist of 3 fitness rooms, 8 treatment rooms, 8 spa/faciaUtherapy rooms, 4 waiting lounges, a salon, boutique, reception area, separate women's and men's changing azeas, each with private steam, sauna, cold plunge, Jacuzzi, and several staff/attendant/reservations stations located on-site. In addition, there will be a small juice bar located in the spa. According to material the applicant will make in their presentation to Council, the proposed size of the new spa will be more commensurate with St. Regis competitors in Vail, Beaver Creek, Telluride, and Whistler, British Columbia, however, it will still be on the smaller side. The spas at facilities in those communities vary between 20,000 and 58,000 square feet. CONFERENCE SPACE CHANGES: AS a result of the conversion of a portion of the meeting space on the Ballroom Level to the new spa, four meeting room spaces will be lost. This will leave the hotel with the existing ballroom space and three break-out, meeting rooms. Square footage-wise, the total meeting space will be reduced from 25,763 square feet to 20,813 square feet. According to the applicant's calculations, however, the hotel will continue to be able to accommodate all of the conferences they have hosted in the past even with the change. In fact, the largest group they serve utilizes 20,263 square feet, while most of the approximately 200 other groups using the facility require less space. To help replace the lost meeting space capacity, the applicant proposes to install two operable partition walls in half of the ballroom, which will provide the option of creating three, 1,500 square foot meeting spaces (out of the total 4,500 squaze foot space). By doing so, the hotel will increase its efficiency in handling large groups because the large ballroom is used only once during conferences for the opening and closing sessions, but not for any sessions between those times on account of the lack of the partition walls to create separate spaces. TIMESHARE PROPOSAL: The applicant proposes to timeshare 24 of the twenty-five new units into at least 1/11' fractional interests, or Club Interests as the applicant refers to them. With sale of optional biennial interests (biennial interests give the owner the right to occupy a unit every other year), the fractional interests may be as high as 1/15"'. As each fractional interest is proposed to be sold in minimum increments of four (with each increment representing seven days) and each unit is divided into 11 different interests, a total of 44 out of the 52 weeks of the year will be sold for each unit. The remaining 8 weeks will be rented out to the general public via walk-in or through the central reservation system. In addition, the Club Interest Owners may rent out a portion or all of their Club Interests to the general public. If the Club Interests are not reserved by owners in a timely manner, the timeshare plan operator is permitted to rent them out. All changes proposed are to the interior of the building and no exterior changes or site improvements are proposed. ST. REGIS HOTEL STAFF REPORT PAGE 3 ti~,,,r° REVIEW PROCESS' The applicant requests the following land use approvals for the project described above: 1) Planned Unit Development (PUD) Amendment: An Amendment to the PUD approval for the St. Regis Hotel is necessary to approve the conversion of the 98 hotel rooms into 24 timeshare lodge units and one residential unit because, according to Section 26.445.100, it is "a change in the use or character of the development". In addition, an amendment is necessary to convert the 22 un-built lodge units into 20 lodge units in Building C because it is "a change which is inconsistent with a condition or representation of the projects original approval". Prior to submitting the application, the Community Development Director determined that the proposed changes could not be considered an Insubstantial Amendment and were inconsistent with the approved final development plan, so both Planning and Zoning Commission and City Council approval of the Amendment are required. In addition, the timeshare use also requires PUD approval. Final Review Authority: City Council A view looking towards Building C of the St. Regis, which is connected to the main part of the hotel by the enclosed bridge over Dean Avenue. Although 22 hotel rooms were originally approved for Building C, the owners never constructed them and the building is only a shell with two floors. As part of this application, the applicant would like to convert them into 20 hotel rooms and construct them simultaneous to the other changes. 2) Growth Management Quota System (GMQS) Exemptions: The following GMQS Exemptions are requested: • Remodeling, restoration, or reconstruction of existing buildings (Section 26.470.070.A.): In order to allow the proposed remodel of the existing hotel units into timeshare lodge units, the above exemption is requested. Staff has determined that the proposal is a remodel per the Code, as the Code defines a remodel as "a construction project comprising revisions within or to elements of an existing structure, as distinct from additions to an existing structure." According to the Code, this exemption is allowed provided it does not add additional lodge units (note: timeshare units, like hotel units, are considered to be "lodge" uses in the Code) and does not involve a change of use. Exemption review is by the Community Development Director (see note below on review authorityl. • Change of Use (Section 26.470.070.F): This exemption is requested in order to allow the proposed conversion of hotel units into one, non-timeshared residential unit. The change of use exemption is not required for the conversion of hotel units into ST. REGIS HOTEL STAFF REPORT PAGE 4 ~"~, ^~"" u~ timeshare lodge units because both uses are considered tourist accommodations, for the purposes of the Code, and therefore is not a change of use. Final Review Authority: Planning and Zoning Commission (see note below on review authority) • Accessory Uses in a Mixed Use Development (Section 27.470.070.K): In order to allow for the reconfiguration of accessory space within the hotel, specifically the spa, meeting space, and hotel office, this exemption is requested. Final Review Authority: City Council 3) Timeshare: The applicant proposes to sell the converted hotel rooms as timeshare lodge units in 1/11`I' increments. To qualify as a timeshare, the proposal must comply with the Review Standards for Timeshare Lodge Development (contained in Exhibit C). Final Review Authority: City Council 4) Subdivision: .Subdivision is required for creating multi-family units, for condominiumization, and for timeshare approval. The process, act, or result of dividing land into two or more separate legal interests for the purpose of transfer of ownership constitutes a subdivision. According to Section 26.480.090, a condominium plat must be submitted to the Community Development Director for review and approval as a subdivision and handled administratively. This step is usually done after the construction is significantly complete; however, as subdivision approval is technically required to approve a condominium plat (subdivision would require another City Council approval), the applicant is requesting subdivision approval for the condominiumization at this stage so that Subdivision approval will not be necessary again at the time the applicant wishes to file the condominium plat. Final Review Authority: City Council Note on Final Review Authority: Per Section 26.304.060, .when more than one development approval is being sought simultaneously, the applicant may choose to combine them in order to eliminate or reduce duplication and ensure economy of time, expense and clarity. This means that, although some land use approvals require only staff approval or P&Z approval, while others require Council approval, all requested approvals may be combined and presented for review by one body. For clarity purposes, all of the above land use requests for the St. Regis will be reviewed by P&Z first, then finally by Council. BACKGROUND/EXISTING CONDITIONS: The St. Regis Hotel (formerly known as the Ritz Carlton) finished construction in December of 1992. The property was purchased by the current owner in January of 1998. For information about the history of Lot 1 of the Aspen Mountain Subdivision PUD, and the St. Regis Hotel, see Page 1 of the Application. ASPEN / PITKIN COUNTY HOUSING AUTHORITY BOARD ACTION: The Housing Authority Board reviewed the application at their March 5, 2003 meeting and approved the application with the condition that the applicant be subject to an employee audit to be conducted one full fiscal year after completion of the changes. In their memo, the Housing staff indicated to the Board that they agreed with the applicant with regard to there being a reduction in the number of employees generated for the lodge ST. REGIS HOTEL STAFF REPORT PAGE 5 ^* and hotel because of a reduction in the number of those units, but they felt that there would be an increase of 23.3 new employees associated with the expanded spa. Of those new employees generated, the applicant would be required to provide housing for 60%, or for 13.98 employees. In arriving at this requirement, the Housing staff used the figure of 12.8 employees per 1,000 square feet, which is the figure used in determining the employee generation for food and beverage space. The applicant contends that the food and beverage generation figure is too high for spa uses because of different employee needs and that the increase in employees generated by the spa would be more than offset by the reduction in employees required from the net loss of overall lodge units and partial reduction of conference space. According to the application, the applicant believes that there will be a net loss of 3.59 employees. Ultimately, the Housing Board was uncomfortable with requiring a factor of 12.8 employees per 1,000 square feet for the spa and, because there are no employee generation numbers for spas in the Code, the Board decided to instead require the audit within one year. The applicant agreed to the provision. In their approval, the Housing Board added a condition requiring the audit, as noted below: 1. The applicant shall conduct an audit immediately after one full fiscal year following the issuance of a certificate of occupancy. for the proposed new spa facility, hotel rooms, timeshare units, and residence under the following terms: a. The applicant shall retain an auditor and shall gain prior approval from the Housing Office Operations Manager for the selection of the auditor. b. The applicant shall be fully responsible for all fees associated with retaining an auditor. 2. Should the audit show an increase in the number of employees, the applicant shall return to the Housing Authority under the following terms: a. The applicant shall provide deed restricted, affordable housing for any additional employees of the new facilities. b. The applicant shall abide by the Aspen/Pitkin County Affordable Housing Guidelines in effect at the time of the audit. STAFF COMMENTS ON HOUSING BOARD ACTION: The Community Development Department staff proposes a few amendments to the Housing Board's conditions of approval (specific wording of changes is in the City Council ordinance at the end of the staff report). First, staff believes that the City should hire the auditor that the applicant pays for, rather than the applicant as the Housing Board condition states, so that objectivity of the audit is ensured. Secondly, the staff is concerned with the above conditions requiring the audit one year after issuance of a C.O., which may occur during the off-season when employee numbers are reduced. An audit conducted during peak operating times in the summer or winter would result in a more accurate assessment. Finally, staff would propose that the definition of employees in the audit include both payroll and non-payroll employees so that it accurately identifies all employees associated with the operation of the hotel, including contract employees. ST. REGIS HOTEL STAFF REPORT PAGE 6 ~~~. STAFF COMMENTS' ~,.., _: PUD AMENDMENT: Any request for an Amendment to a PUD must comply with the review criteria for. a PUD. Staff has reviewed the proposal against the criteria and finds that the request for PUD Amendment meets all of the applicable criteria, especially that it is in conformance with the Aspen Area Community Plan (See Exhibit A for a full analysis of Staff Findings for PUD). GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS: The applicant requests three different exemptions from the City's GMQS, as listed below. Staff comments on the proposal's compliance with the criteria follows: (For full review, see Staff Findings in Exhibit B) REMODELING RESTORATION OR RECONSTRUCTION OF EXISTING BUII.DINGS: A GMQS Exemption is requested to allow for the remodeling of 98 of the existing hotel rooms into 24 timeshare lodge units and one condominium unit. The Code states that such remodeling shall be exempt from the growth management competition and scoring procedures, provided that it does not create additional dwelling, hotel or lodge units or involve a change of use. In this instance, the number of units is being reduced and, because the Code defines both hotel and timeshare units as tourist accommodation, there is no change of use, so staff finds the request to comply with the criteria. CHANGE of USE: A GMQS Exemption is also requested to allow for the change of use from hotel, or tourist accommodation, to residential for the proposed conversion of several hotel rooms into one whole condominium unit. There are seven criteria a request must comply with to get the exemption (all of them can be found in Exhibit B), but the two most significant criteria are that: a.) a minimal number of additional employees will be generated by the change in use and that employee housing will be provided for the additional employees generated. The applicant contends that the proposal will result in a reduction of 3.59 employees generated because of the ability of the hotel management to consolidate employees and because of the reduction in employees from the conversion to less lodge units and eliminating a portion of meeting space (a letter from Joseph Wells, representing the applicant, is attached detailing the anticipated employee needs of the St. Regis Hotel after the changes, Exhibit H). The Housing staff felt that the changes would generate 23.3 employees and be required to mitigate for 13.98 of them. The Housing Board decided to require an audit one year after the changes are complete. If the audit determines that there were more employees generated than are contemplated with this application, then the applicant shall be required to provide additional affordable housing. Based on this safeguard, staff believes that the project complies with the above criteria. For the purposes of background information, a short recount of the numbers of employees the hotel has already mitigated is provided. With the original approval for the hotel, the applicant was required to provide affordable housing. In the First Amended and Restated Planned Unit Development/Subdivision Agreement recorded in 1988, the hotel was ST. REGIS HOTEL STAFF REPORT PAGE 7 ~:k'+e, required to house 161.5 .employees, which was based solely on lodge operations, accessory food and beverage space and accessory retail space. Employee generation for the spa was not considered as it was apparently agreed at the time, between the owner and the City, that the hotel did not generate employees beyond those generated by these three factors. The owner, however, eventually agreed to provide housing for 198.5 employees in exchange for City Council approval of a revised plan and is credited with housing 182 employees in the Alpina House, Copper Horse Lodge, Ute City, and the Hunter Longhouse. An audit, which was required of the original PUD and conducted by the Ritz Carlton (now the St. Regis) in 1998, concluded that the 198.5 employees mitigated was reasonable in accordance with the 1993-1994 payroll records. b.) a minimal amount of additional parking spaces will be demanded by the change in use and that parking will be provided. According to the application, the parking demand will be reduced by 10.33 spaces as a result of the timeshare conversion. This difference was calculated by comparing the parking demand of the net loss of the units (98 existing units - 25 proposed units = 78 net loss of units) with the number of proposed units. When the Aspen Mountain Subdivision PUD was originally approved, a parking demand study was done for the whole subdivision by TDA, Inc. and used to determine parking requirements for the hotel. The study was used to determine parking requirements rather than by the Code requirement because it was agreed by all parties that the study would provide a more accurate, site specific analysis of the parking demand. The study concluded that the peak parking demand for the hotel is in the summer and estimated that .66 spaces per lodge bedroom was sufficient during times of an average 90% occupancy rate. Parking for residential uses, similar to the proposed timeshare use, was also predicted in the report, assuming one space per 2 bedroom unit and two spaces per 3 bedroom unit. The applicant proposes to use those ratios to determine the parking demand for the 25 proposed timeshare units. The reduction of 10.33 spaces with the conversion was calculated as follows: Existin 78 net loss of rooms x .66 x 90% = 46.33 s aces Proposed: 114 2BR units x 1 space = 14 + '~ 11 3BR units x 2 s aces = 22 = 36 s aces Staff believes that existing parking is more than adequate to meet the demand generated by the hotel with the proposed changes. Currently, the hotel is over-parked to the point that employees are allowed to park in the underground parking garage. In addition, it can be expected that the majority of the owners of timeshare units will arrive by air and will get around town without the need for a car because of the close proximity of the hotel to downtown and the bus station and the hotel shuttles which transport guests all around the area. ACCESSORY USES IN MD~D USE DEVELOPMENT: A GMQS Exemption is requested to allow for the relocation of the spa, business center, and hotel office, which are all considered to be accessory uses of the hotel. There are five criteria for review (found in Exhibit B). The most notable criteria is that negative impacts of accessory use on public facilities and affordable housing shall be mitigated by an agreement to provide those facilities. ST. REGIS HOTEL STAFF REPORT PAGE 8 `°~~ According to the Development Review Committee (DRC) review of the proposal, there will be no adverse impact to any public facility, although additional tap fees may be assessed due to the change in use (which is addressed in a condition of approval). A condition of approval has been added requiring an audit of employees one year after operation to determine exactly how many employees work for the hotel and, therefore, how many employees are required to be mitigated for with regard to affordable housing. If the audit determines that there is no increase in the number of employees over what they have prior to the remodel, then there would be no requirement for additional housing. If the audit determines that there is an increase in the number of employees, then the applicant will be required to mitigate for them. TIMESHARE: The applicant is proposing to comply with all of the applicable review criteria for timeshare and is not requesting any variances (See Exhibit C for Staff Findings). PRESERVATION OF EXISTING LODGING INVENTORY: While staff concurs that the application will comply with the requirements of the timeshare ordinance, one provision of the ordinance warrants a closer examination, which is the following requirement: Preservation of Existing Lodging Inventory (Section 26.590.070 (C)). An express purpose of these regulations is to preserve and enhance Aspen's existing lodging inventory. Therefore, any proposal to convert an existing lodge or other property that provides short term accommodations to a timeshare lodge should, at a minimum, replace the existing number of units on the property in the planned timeshare lodge. If the applicant is unable to replace the existing number of units, then the timeshare lodge development shall replace the existing number of bedrooms on the property, or the applicant shall demonstrate how the proposal complies with the purposes of these regulations, even though the planned timeshare lodge will not replace either the existing number of units or bedrooms. The applicants proposal will reduce the number of existing lodge units and bedrooms in the St. Regis Hotel. As stated in the ordinance above, there should not be a reduction of the existing lodging inventory with a conversion, in terms of units and bedrooms. If these provisions cannot be met, then the ordinance goes on further to state that the applicant must demonstrate how their proposal complies with the "purposes" of the regulation. The proposed conversion will result in a reduction of the number of units in the St. Regis Hotel, from 257 hotel units to 192' hotel, timeshare, and residential units. The conversion will also reduce the number of bedrooms, from 257 to 248. Despite the obvious reduction in both the number of units and bedrooms, the applicant contends that the hotel will actually be able to accommodate more guests with the ' It is important to note that the figure of 192 total units after the conversion includes the twenty hotel rooms in Building C that were part of the original hotel approval. While the case could be made that the 20 units should be included in the figure that represents the total number of units prior to the conversion, thereby increasing the reduction in number of units as part of this proposal, staff concluded that the ordinance requires replacement of the "existing' units. Since these units have never been constructed, they are not considered to be existing units. As the 20 units are proposed to be finished with this proposal, staff has included them in the number of replacement units. ST. REGIS HOTEL STAFF REPORT PAGE 9 ~~, conversion. On top of the number of post-conversion bedrooms, the applicant also proposes counting sleeper sofas in each of the 24 timeshare suites towards what they refer to as the overall number of "sleeping facilities". With the addition of the sleeper sofas, the number of sleeping facilities will increase from the existing, 257 to 272 after the conversion. While staff would prefer that the applicant replace the number of units proposed to be lost with the conversion, we find that because the timeshare units will likely replace at least the number of visitors to the hotel lost with the conversion, as well as the inclusion of the sleeper sofas in the overall equation (which do provide valuable extra sleeping space, especially for children) that the proposal complies with the "purposes" of the regulation. FISCAL IMPACT ANALYSIS AND MITIGATION: According to the timeshare ordinance, any applicant proposing to convert an existing lodge to a timeshare lodge development shall be required to demonstrate that the proposed conversion will not have a negative tax consequence for the City.. On pages 38-46 of the Application, the applicant makes the case that there will be a shortfall during the years 2003 and 2004 due to construction activity converting the hotel rooms to timeshare and the spa, but after that the property, sales and bed tax would exceed the amount the City collected from the property in the past. The City Finance Department Director has been in consultation with the applicant regarding this issue and a report with his findings will be distributed to City Council under a separate cover prior to the meeting. SUBDIVISION: Subdivision approval is necessary to approve the creation of separate legal interests so that the timeshare lodge units may be conveyed separately. Given that the subdivision review, in this instance, is related to the creation of the timeshare lodge units and the changes are all interior to the existing building, much of the subdivision review criteria is not applicable. The development does comply with the criteria that is applicable, such as whether the proposed subdivision is consistent with the Aspen Area Community Plan and whether it is consistent with the character of the surrounding area (See full Staff Findings for Subdivision in Exhibit D). DEVELOPMENT REVIEW COMMITTEE (DRC) REFERRAL COMMENTS: The DRC meeting was held on February 19, 2003. The minutes from that meeting are contained in Exhibit I. No significant issues were raised by the DRC. STAFF SUMMARY AND RECOMMENDATION: Staff recommends approval of a PUD Amendment, Growth Management Quota System Exemptions, Timeshare, and Subdivision for the St. Regis Hotel. RECOMMENDED MOTION: "I move to approve Ordinance No.o,~~Series of 2003, for a PUD Amendment, GMQS Exemptions, Timeshare, and Subdivision for the St. Regis Hotel." ATTACHMENTS: Exhibit A: PUD Amendment -Staff Findings Exhibit B: Growth Management Quota System -Staff Findings ST. REGIS HOTEL STAFF REPORT PAGE 10 Exhibit C: Timeshare -Staff Findings Exhibit D: Subdivision -Staff Findings Exhibit E: Approved P&Z Resolution Exhibit F: P&Z Minutes Exhibit G: Housing Authority Memorandum Exhibit H: Letter from Joseph Wells (Re: Employee Housing) Exhibit I: Development Review Committee (DRC) Minutes Exhibit J: Application ST. REGIS HOTEL STAFF REPORT PAGE 11 ORDINANCE N0. (SERIES OF 2003) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT, GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS, TIMESHARE, AND SUBDIVISION FOR THE ST. REGIS HOTEL, CITY OF ASPEN, PITHIN COUNTY, COLORADO. Parcel ID: 2 73 7-1828-5001 WHEREAS, the Community Development Department received an application from the SLT Aspen Dean Street, LLC (Applicant), requesting a PUD Amendment, Growth Management Quota System Exemptions, Timeshare, and Subdivision to convert 98 of the existing 257 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; to convert the existing spa facility on the Second Level of Building B to the relocated hotel offices; and to modify the 22 approved, but un-built hotel rooms in Building C into 20 hotel rooms; and, WHEREAS, the 24 timeshare lodge units are proposed to be sold in a minimum of 1/11' fractional interests; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Waste District, City Engineering, Building, Fire, Streets, Parks, Housing, Environmental Health, and Water Departments as a result of the Development Review Committee meeting; and, WHEREAS, the applicant has chosen to consolidate all of the land use approvals, in accordance with Section 26.304.060, so that City Council will be the final reviewing body on all land use requests; and, WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Department recommended approval, with conditions, for the proposed land use requests for the St. Regis Hotel; and, WHEREAS, at its meeting on March 5, 2003, the City of Aspen / Pitkin County Housing Authority forwarded a recommendation of approval to City Council at its meeting to approve the proposed employee mitigation through an audit program; and, WHEREAS, the City of Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and, WHEREAS, the Planning and Zoning Commission forwarded a recommendation of approval via Resolution No. 10, Series of 2003, by a vote of three to two (3 - 2), to ST. REGIS HOTEL STAFF REPORT PAGE 12 `~'' City Council to approve a PUD Amendment, Growth Management Quota System Exemptions, Timeshare, and Subdivision; and, NOW, THEREFORE BE IT RESOLVED BY THE ASPEN CITY COUNCIL THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Aspen City Council approves the PUD Amendment, GMQS Exemptions, Timeshare, and Subdivision, subject to the following conditions: 1. The building permit application shall include: a. A copy of the final Ordinance. b. The conditions of approval printed on the cover page of the building permit set. c. A traffic management plan that addresses issues such as construction worker parking and hauling routes. 2. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. b. All tap fees, impacts fees, and building permit fees shall be paid. c. A complete set of sprinkler and alarm plans shall be submitted to the Aspen Fire Marshal in order to determine if the .fire sprinkler system and alarm system is adequate. d. The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed. All sanitation-related improvements below grade shall require the use of a pumping station. The conversion from lodge units may result in additional tap fees due to the additional kitchens and other sources of wastewater. e. The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Based on the sprinkler requirements of the Fire Department, a new and larger water tap may be needed. An additional tap fee maybe assessed due to the change in use. f. The applicant shall consult the Colorado Revised Statutes (CRS) to determine the required number of type A and type B units as it pertains to food beverage service areas. American With Disabilities Act (ADA) Accessibility shall be provided to all timeshare units and to the juice bar and spa. A Temporary Certificate of Occupancy (TCO) may be issued subject to safety and Fire Department concerns being addressed to the satisfaction of the Fire Marshal and the Aspen Building Department. g. The applicant shall be subject to the soon to be adopted International Fire Code. The applicant shall submit a complete set of fire sprinkler and alarm plans to the Fire Department, Water Department and Sanitation District prior to sign-off of building permit. In addition, the applicant shall comply with new regulations ST. REGIS HOTEL STAFF REPORT PAGE 13 requiring sprinkler heads that provide a larger flow that may impact the plumbing design, the size of the water tap, and water service fees. h. At the time of building permit, Environmental Health shall review the plans for the juice bar set-up and operations. 3. Per the Aspen Pitkin County Housing Authority Board approval of the application on March 5, 2003, the applicant shall conduct an audit, based on the standards 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), after one full fiscal year from the date of issuance of the certificate of occupancy for the proposed new spa facility, hotel rooms, timeshare units, and residence under the following terms: a. The Housing Office Operations Manager shall select and retain the auditor. b. The applicant shall be fully responsible for all fees associated with retaining an auditor. c. The audit. shall occur during the peak season for the hotel (e.g. July or late December) 4. Should the housing audit show an increase in the number of employees over those mitigated for in the original PUD approval (331 employees, or 60% of 331 which equals 198.5 employees), the applicant shall return to the Housing Authority under the following terms: a. The applicant shall provide deed restricted, affordable housing for any additional employees of the new facilities. b. The applicant shall abide by the Aspen/Pitkin County Affordable Housing Guidelines in effect at the time of the audit. c. The term employee shall include all payroll and non-payroll employees. 5. Final Condominium Declarations shall be submitted to the City concurrent with the submission of the Condominium Subdivision Plat and shall include the following language regarding timeshare: a. Timeshare estates shall be made available for short-term rental when the estate is not in use by the owner of the unit, the owner's guests, or persons occupying the unit under an exchange program. Units that are available for rental shall be listed at competitive rates in a central reservation system. b. The covenants of the homeowners association shall permit walk-in rental of units. The association shall not limit rental of units to such arrangements as only weekly rentals or Saturday-to-Saturday rentals; instead the association shall permit shorter stays, split-week rentals, and similar flexible arrangements. c. Owners of timeshare estates shall be required to reserve their unidtime sufficiently far enough in advance to enable the public to obtain access to those units that are not so reserved. The term "sufficiently" shall be specifically defined, in terms of minimum number of days notice required. d. The owner of a timeshare estate shall not be permitted to occupy that estate for any period in excess of thirty (30) consecutive calendar days. ST. REGIS HOTEL STAFF REPORT PAGE 14 e. The owner of a timeshare estate shall be prohibited from storing a vehicle in a parking space on-site when that owner is not using the estate. 6. The timeshare lodge units that remain in the developer's inventory shall be made available for rental to the public while the estates are being sold, except for models and other units that are needed for marketing or promotional purposes. 7. The Applicant shall pay the City of Aspen school land dedication fees for the additional residential unit. These fees shall be due and payable at the time of issuance of a building permit for the development. 8. A PUD Agreement and Amended PUD Plan shall be recorded within 180 days of the final approval by City Council and shall include the information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). 9. The applicant shall file a Notice of PUD in the Clerk and Recorders office of Pitkin County subsequent to receipt of a development order, or prior to issuance of a building permit. 10. With this approval, the applicant shall commit to having the St. Regis Hotel open for business year around. Section 2• All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3• This Ordinance shall not effect 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 amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4• If any section, subsection, sentence, clause, phrase, or portion of this Ordinance 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 6~' day of May, 2003. ATTEST: ST. REGIS HOTEL STAFF REPORT PAGE 15 ~!P Kathryn Koch, City Clerk Helen Kalin Klanderud, Mayor FINALLY, ADOPTED, PASSED, AND APPROVED this 27~' day of May, 2003. ATTEST: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor APPROVED AS TO FORM: John Worcestor, City Attorney ST. REGIS HOTEL STAFF REPORT PAGE 16 EXHIBIT A PLANNED UNIT DEVELOPMENT (PUD) FINDINGS Planned Unit Development. A development application for PUD shall comply with the following standards and requirements: A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. STAFF FINDING: DOES IT COMPLY? YES The proposal complies with the applicable aspects of the AACP, specifically with regard to creating a sustainable economy. The conversion of a portion of the St. Regis hotel units into timeshare units, the expansion of the spa, and the construction of the additional hotel units that were originally approved will make the project more attractive to visitors and therefore increase the number of visitors to the property. With increased visitors, especially during the off-season, the City will receive additional revenue, which will contribute to sustaining and increasing the local economy. This type of land use is consistent with the AACP in locating tourist accommodations close to the ski area and close to the commercial core. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE As an existing tourist oriented use, the proposed timeshare use in the St. Regis Hotel will continue to be consistent with other tourist oriented accommodations and proposed timeshare projects (Grand Aspen Hotel) in close vicinity. 3. The proposed development shall not adversely affect the future development of the surrounding area. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE Since all proposed changes are interior, the proposed development will not adversely affect the future development of the surrounding area 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. STAFF FINDING: DOES IT COMPLY? YES All of the requested land use approvals are eligible for GMQS exemptions. B. Establishment of Dimensional Requirements: The PUD development plans shall establish the dimensional requirements for all properties within the PUD. The dimensional requirements of the underlying zone ST. REGIS HOTEL STAFF REPORT PAGE I7 district shall be used as a guide in determining the appropriate dimensions for the PUD. The proposed dimensional requirements are listed below: _ STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE No exterior changes are proposed, therefore no changes to dimensional standards. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural or man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. STAFF FINDING: DOES IT COMPLY? YES No exterior changes are proposed, therefore, no changes are proposed to the lawfully established dimensional standards. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. STAFF FINDING: DOES IT COMPLY? YES No exterior changes are proposed, therefore, no changes are proposed to the lawfully established dimensional standards. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed. c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the city. STAFF FINDING: DOES IT COMPLY? YES ST. REGIS HOTEL STAFF REPORT PAGE 18 ~_ ,~, Staff finds that the proposed off-street parking is adequate given the number of spaces provided compared to the number of units and the proximity of the building to mass transit and the downtown core. In addition, many guests arrive to the hotel, especially in the winter, without vehicles and use the buses, taxis, or walk to get around, so the parking demand is reduced. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD maybe reduced if a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE The density, in terms of how the Land Use Code is concerned, is being increased by one residential unit. Adequate infrastructure capabilities exist to accommodate the additional unit. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rock falls or avalanche dangers. b) The effects. of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE The density, in terms of the Land Use Code, is being increased by one residential unit. No expansion is proposed to the building footprint, therefore, there will be no impacts to natural site features or encroachment into areas of natural hazard. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD maybe increased if: ST. REGIS HOTEL STAFF REPORT PAGE 19 ~. ,"` a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected .development pattern, land uses, and characteristics. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE The density, in terms of how the Land Use Code is concerned, is being increased by one residential unit, but not beyond the maximum allowable density. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. 5. Adequate pedestrian and handicapped access is provided. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. STAFF FINDING: DOES IT COMPLY? YES When the hotel was originally approved as a PUD, it was deemed to comply with all of the above provisions. Since no exterior changes are proposed, staff finds the project to still be in compliance with the above provisions. C. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: ST. REGIS HOTEL STAFF REPORT PAGE 20 "',~', 1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing .significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. STAFF FINDING: DOES IT COMPLY? YES When the hotel was originally approved as a PUD, it was deemed to comply with all of the above provisions. Since no exterior changes are proposed, staff finds the project to still be in compliance with the above provisions. D. Architectural Character. It is the purpose of this standard to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan an architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 1. Be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. 2. Incorporate, to the extent .practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems. 3. Accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. STAFF FINDING: DOES IT COMPLY? YES When the hotel was originally approved as a PUD, it was deemed to comply with all of the above provisions. Since no exterior changes are proposed, staff finds the project to still be in compliance with the above provisions. E. Lighting. The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: ST. REGIS HOTEL STAFF REPORT PAGE 21 .. ,„.~. 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. STAFF FINDING: DOES IT COMPLY? YES When the hotel was originally approved as a PUD, it was deemed to comply with all of the above provisions. Since no exterior changes are proposed, staff finds the project to still be in compliance with the above provisions. F. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: L The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. STAFF FINDING: DOES IT COMPLY? YES When the hotel was originally approved as a PUD, it was deemed to comply with all of the above provisions. Since no exterior changes are proposed, staff finds the project to still be in compliance with the above provisions. G. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. ST. REGIS HOTEL STAFF REPORT PAGE 22 `,rr% STAFF FINDING: DOES IT COMPLY? YES When the hotel was originally approved as a PUD, it was deemed to comply with all of the above provisions. Per the review by the DRC, adequate public facilities exist to accommodate the proposed changes. H. Access and Circulation. The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. STAFF FINDING: DOES IT COMPLY? YES No changes are proposed to exterior access and circulation of the building. At the time the hotel was approved, it was deemed to be in compliance with the criteria. Phasing of Development Plan. The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees-in-lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE No phasing is proposed for the proposed improvements. ST. REGIS HOTEL STAFF REPORT PAGE 23 EXHIBIT B GROWTH MANAGEMENT QUOTA SYSTEM Section 26.470.070.A. of the Land Use Code regarding remodelingi restoration or reconstruction of existing commercial, lodge or multi-family buildings, requires that the following criteria be met for an exemption: A. The remodeling, restoration or reconstruction of an existing lodge or multi-family building shall be exempt from the growth management competition and scoring procedures, provided that it does not create additional dwelling, hotel or lodge units or involve a change of use. STAFF FINDING: I DOES IT COMPLY? I YES The applicant proposes converting 98 existing hotel rooms into 24 timeshare lodge units and one residential unit. The conversion to the timeshare lodge units is exempt from GMQS because it does not create additional units and does not involve a change of use (both hotel and timeshare are considered to be tourist accommodations in the Code). The exemption for the one residential unit is addressed below. Section 26.470.070.A. of the Land Use Code regarding Change in use requires that the following criteria be met for an exemption: A. A minimal number of additional employees will be generated by the change in use and that employee housing will be provided for the additional employees generated; STAFF FINDING: DOES IT COMPLY? YES A condition of approval has been added requiring an audit of the hotel one year after a certificate of occupancy for the changes to the hotel. The applicant feels that there will be a net loss of employees with the proposal. If the audit determines an increase, then the applicant will be required to provide affordable housing. B. A minimal amount of additional parking spaces will be demanded by the change in use and that parking will be provided; STAFF FINDING: DOES IT COMPLY? YES The .parking requirement is reduced with the proposed conversion of units and the addition of the spa. C. 'There will be minimal visual impact on the neighborhood from the change in use; STAFF FINDING: DOES IT COMPLY? YES Since there are no plans to alter the exterior of the building, nor expand the footprint, there will be no additional visual impact from the change in use. D. Minimal demand will be placed on the City's public facilities from the change in use; STAFF FINDING: DOES IT COMPLY? YES ST. REGIS HOTEL STAFF REPORT PAGE 24 .. *~. According to responses from the Development Review Committee review of the proposal, there will be increased demand from the conversion from hotel units to timeshaze, but no upgrades of public infrastructure aze required to accommodate it, other than new water and sewer taps. E. No zone change is required; STAFF FINDING: DOES IT COMPLY? YES No zone change is required. F. No more than one residential unit will be created; and STAFF FINDING: DOES IT COMPLY? YES Only one residential unit will be created. G. The proposed use is consistent in all respects with the AACP. STAFF FINDING: DOES IT COMPLY? YES The proposed use is consistent in all respects with the AACP. Section 26.470.070.A. of the Land Use Code regarding Accessory uses in mixed use development. requires that the following criteria be met for an exemption: A. The proposed development consists of a building or buildings designed as an integrated whole that contains uses requiring the submission of development applications for an allotment in more than one of the categories of Section 26.470.040. STAFF FINDING: DOES IT COMPLY? YES The project complies with the above criteria. B. There is one use of the property that is the principal use and any other uses aze accessory to, in support of and necessary for the principal use. _STAFF FINDING: DOES IT COMPLY? YES The principal use is the hotel and the spa, retail, meeting space, offices, etc. are all accessory uses to the hotel. C. In conjunction with pursuant to Section principal use. the application for exemption, an application is submitted 26.470.080 that receives a development allotment for the STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE The principal use is already constructed with development allotments received at the time of approval. ST. REGIS HOTEL STAFF REPORT PAGE 25 ,, '~,, `~/ D. The impacts of the accessory use on public facilities and affordable housing are mitigated by an agreement to provide the necessary public facilities and affordable housing at a level that would meet the threshold required in Section 26.470.080(C)(5) for the accessory use. STAFF FINDING: DOES IT COMPLY? YES A condition of approval has been added requiring an audit of the hotel one year after a certificate of occupancy for the changes to the hotel. The applicant feels that there will be a net loss of employees with the proposal. If the audit determines an increase, then the applicant will be required to provide affordable housing. No adverse impacts on public facilities are anticipated, so no agreement is necessary. E. The site design and architecture of the accessory use is evaluated in conjunction with the review of the development application for the principal use pursuant to Section 26.470.080. STAFF FINDING: DOES IT COMPLY? -NOT APPLICABLE There are no changes proposed to the site design nor the architecture. Also the principal use is already constructed, so there is no need for an additional development application. ST. REGIS HOTEL STAFF REPORT PAGE 26 EXHIBIT C TIMESHARE FINDINGS A. Mandatory Physical Elements. 1. All timeshare lodge developments shall have a staffed on-site front desk, located within a lobby that is sized to meet the needs of the project. If the timeshare lodge is part of a multi-site development, there may be a single front desk for these sites. The staffed front desk shall be open at least during regular business hours, and shall be managed to provide full-time registration and reservation services, including provision for late check-in and for other off-hours guest needs. The front desk shall accommodate walk-in rentals. STAFF FINDING: DOES IT COMPLY? ~ YES There will be a common front desk for the timeshare lodge and hotel guests, which will accommodate walk-in rentals at any time. Additionally, there will be a concierge staff dedicated to the timeshare units. St. Regis will manage a full time registration and reservation system. 2. A timeshare lodge development shall contain a sufficient level of recreational facilities (such as exercise equipment, a pool or spa, or similar facilities) and other amenities (such as a lobby, meeting spaces, and similar facilities) to serve the occupants, including facilities that can be used in the winter and the summer seasons. The extent of the facilities provided should be proportional to the size of the timeshare lodge development. The types of facilities should be consistent with the planned method and style of operating the development. STAFF FINDING: DOES IT COMPLY? ~ YES Timeshare owners will have access to the pool, hot tubs, exercise facility, as well as the proposed expanded spa at all times of the year. In addition, each unit will contain steam showers, hot tubs and an audio and video system as well as complete A timeshare lodge in the Commercial Core (CC) zone district shall not have any lodge rooms located on the ground floor. Instead, a timeshare lodge in the CC zone district shall contain at least one of the following elements: a bar, restaurant, or retail facilities. The element(s) provided shall be located along the street front, shall be accessible from the street, and shall be designed to serve the public, not just the occupants of the timeshare lodge. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE The proposed timeshare project is not located in the CC zone district. B. Mandatory Operational Practices. The City wants to ensure that the units in a timeshare lodge development are available for rental to the public when they are not being occupied by the owner, the owner's guests, or persons occupying the unit under an exchange program. The City has identified certain operational practices that will accomplish this intent, which are listed in this section. An applicant who ST. REGIS HOTEL STAFF REPORT PAGE 27 agrees to include all of the practices listed below in the operation of the timeshare development shall be deemed to have complied with the requirements of this sub- section Band need not address any of the optional operational practices of sub- section C. The City recognizes, however, that there may be other ways to comply with this intent, and will consider these and other operational practices. Applicants may propose to substitute one or more of the optional practices listed in Section C., below, for one or more of the mandatory practices listed in this Section B. Applicants may also propose other operational practices not listed in Section C. as a means of demonstrating compliance with this standard. Acceptance of the proposed optional practices as a substitute for one or more of the mandatory practices shall be at the sole discretion of the City Council. 1. Timeshare estates shall be made available for short-term rental when the estate is not in use by the owner of the unit, the owner's guests, or persons occupying the unit under an exchange program. Units that are available for rental shall be listed at competitive rates in a central reservation system. Listing of the unit with a recognized central reservation system in Aspen, or through the central reservation system of the company that will manage the timeshare development, is preferred. STAFF FINDING: I DOES IT COMPLY? I YES The St. Regis Residence Club will permit owners to rent all or a part of their Club interest and will make their central reservation system available to its owners as part of a rental program (a condition of approval requires this compliance). The Developer will also use a variety of marketing programs, which will result in occupancy of unsold Developer inventory by the public on a short term basis. 2. The covenants of the homeowners association shall permit walk-in rental of units. The association shall not limit rental of units to such arrangements as only weekly rentals or Saturday-to-Saturday rentals; instead the association shall permit shorter stays, split-week rentals, and similar flexible arrangements. STAFF FINDING: DOES IT COMPLY? YES The covenants of the Condominium Association will permit daily and walk in rental of the available Club Units (a condition of approval requires this compliance). 3. Owners of timeshare estates shall be required to reserve their unit/time sufficiently far enough in advance to enable the public to obtain access to those units that are not so reserved. STAFF FINDING: DOES IT COMPLY? I YES A specific timeframe was not given by the applicant, but they did state that they will require owners to secure or confirm a reservation of a Club Unit within certain established time periods and that the timeshare plan operator may rent out Club units that are not reserved as required under the Plan. ST. REGIS HOTEL STAFF REPORT PAGE 28 ~* ,'` 4. The owner of a timeshare estate shall not be permitted to occupy that estate for any period in excess of thirty (30) consecutive calendar days. STAFF FINDING: DOES IT COMPLY? YES An owner will not be permitted to occupy the unit for more than 28 consecutive calendar days. 5. The units that remain in the developer's inventory shall be made available for rental to the public while the estates are being sold, except for models and other units that are needed for marketing or promotional purposes. STAFF FINDING: DOES IT COMPLY? YES The Developer will also use a variety of marketing programs, which will result in occupancy of unsold Developer inventory by the public on a short term basis while the units are being sold. C. Optional Operational Features. Timeshare lodge developments that subdivide each unit into a larger number of estates (more than 10 estates per unit) are preferred to those which subdivide each unit into a smaller number of estates (less than 10 estates per unit). STAFF FINDING: DOES IT COMPLY? YES The applicant proposes a minimum of 11 Club interests, or estates per unit. 2. Applicants may formulate their timeshare use plan such that the purchaser would not expect to occupy the same unit each visit; instead the purchaser would purchase the right to occupy a certain type of unit for a certain period of time. Applicants may also include provisions in the homeowners association documents prohibiting owners from personalizing the unit they have purchased. _ STAFF FINDING: DOES IT COMPLY? YES Both floating and fixed unit rights will be available. The Condominium Association will prohibit any owner of a Club Interest from using their unit as a permanent residence or permanently altering the furnishings or interior of a Club Unit. 3. Applicants may design their development as a mixed project, which includes not only timeshare units, but also some units that would continue to be owned and operated by the applicant and his successors or assigns as traditional lodge units. Another type of use plan that is encouraged would be for the applicant to agree not to sell all of the shares in every unit, but to instead keep some time reserved for rental to the public at market rates during both the high seasons and the off-seasons. STAFF FINDING: DOES IT COMPLY? YES The property will be operated as both the St. Regis Hotel and the St. Regis Residence Club. Eight weeks within each Club Unit will not be conveyed as part of a Club Interest and will therefore be available as part of a rental program. ST. REGIS HOTEL STAFF REPORT PAGE 29 ., ~~ 4. Applicants may decide to sell on and off-season estates as a package. STAFF FINDING: DOES IT COMPLY? YES Each Club Interest will contain a combination of winter, summer and spring/fall season use rights. 5. Applicants may include in their use plan provisions that allow for a wide range of exchange opportunities for owners, which will promote new Aspen trials. STAFF FINDING: DOES IT COMPLY? YES It is expected that an internal exchange program operated by Starwood, or its affiliate, will be created for its St. Regis Residence Club Project, including the Aspen St. Regis Residence Club. 26.590.070 Review Standards for Timeshare Lodge Development. An applicant for timeshare lodge development shall demonstrate compliance with each of the following standards, as applicable to the proposed development. These standards are in addition to those standards applicable to the review of the PUD and Subdivision applications. A. Fiscal Impact Analysis and Mitigation. Any applicant proposing to convert an existing lodge to a timeshare lodge development shall be required to demonstrate that the proposed conversion will not have a negative tax consequence for the City. In order to demonstrate the tax consequences of the proposed conversion, the applicant shall prepare a detailed fiscal impact study as part of the final PUD application. The fiscal impact study shall contain at least the following comparisons between the existing lodge operation and the proposed timeshare lodge development: 1. A summary of the sales taxes paid to the City for rental of lodge rooms during the prior five years of its operation. If the lodge has stopped renting rooms prior to the time of submission of the application, then the summary shall reflect the final five years the lodge was in operation. The summary of past taxes paid shall be compared to a projection of the sales taxes the proposed timeshare lodge development will pay to the City over the first five years of its operation. As part of this projection, the applicant shall specify the number of nights the applicant anticipates each timeshare lodge unit will be available for daily rental to visitors (that is, the annual number of nights when the unit will not be occupied by the owner or the owner's guests), the expected visitor occupancy rate for these units, the expected average daily cost to rent the unit, and the resulting amount of sales tax that will be paid to the City. STAFF FINDING: DOES IT COMPLY? YES The requested information has been provided by the applicant and the information has been reviewed by the Director of the Department of Finance and his findings will be presented to the City Council at the public hearing. ST. REGIS HOTEL STAFF REPORT PAGE 30 2. An estimation of the real estate transfer taxes that would be paid to the City if the existing lodge were to be sold. If an actual sale of the property has occurred within the last 12 months, then the real estate taxes paid for that sale shall be used. This estimation shall be compared to a projection of the real estate transfer taxes the proposed timeshare lodge development will pay to the City over the first five years of its operation. This projection shall include a statement of the expected sales prices for the timeshare estates, and the applicable tax rate that will be applied to each sale. STAFF FINDING: DOES IT COMPLY? YES The requested information has been provided by the applicant and the information has been reviewed by the Director of the Department of Finance and his findings will be presented to the City Council at the public hearing. 3. A summary of the City-portion of the property taxes paid for the lodge for the prior five years of its operation, and a projection of the property taxes the proposed timeshare lodge development will pay to the City over the first five years of its operation. This projection shall include a statement of the expected value that will be assigned to the property by the Tax Assessor, and the applicable tax rate. The fiscal impact study may also contain such other information that the applicant believes is relevant to understanding the tax consequences of the proposed development. For example, the. applicant may provide information demonstrating there will be "secondary", or "indirect" tax benefits to the City from the occupancy of the timeshare units, in terms of increased retail sales and other economic activity in the community as compared to the existing lodge development. The applicant shall be expected to prove definitively why the timeshare units would cause such economic advantages that would not be achieved by a traditional lodge development. Any such additional information provided shall compare the taxes paid during the prior five years of the lodge's operation to the first five years of the proposed timeshare lodge's operation. If the fiscal impact study demonstrates there will be an annual tax loss to the City from the conversion of an existing lodge to a timeshare lodge, then the applicant shall be required to propose a mitigation program that resolves the problem, to the satisfaction of the Aspen City Council. The accepted mitigation program shall be documented in the PUD Agreement for the project that is entered into between the applicant and the Aspen City Council. STAFF FINDING: DOES IT COMPLY? YES The requested information has been provided by the applicant and the information has been reviewed by the Director of the Department of Finance and his findings will be presented to the City Council at the public hearing. B. Upgrading of Existing Projects. Any existing project that is proposed to be converted to a timeshare lodge development shall be physically upgraded and modernized. The extent of the upgrading that is to be accomplished shall be ST. REGIS HOTEL STAFF REPORT PAGE 31 ``" determined as part of the PUD review, considering the condition of the existing facilities, with the intent being to make the development compatible in character with surrounding properties and to extend the useful life of the building. 1. To the extent that it would be practical and reasonable, existing structures shall be brought into compliance with the City's adopted fire, health, and building codes. STAFF FINDING: DOES IT COMPLY? YES The applicant is unaware of any existing deficiencies, however, if any are brought to light, the applicant states that they will be brought into compliance. 2. No sale of any interest in a timeshare lodge development shall be closed until a certificate of occupancy has been issued for the upgrading. STAFF FINDING: DOES IT COMPLY? YES The applicant acknowledges that no sale of any interest. will be closed .until a certificate of occupancy has been issued for the upgrading. C. Preservation of Existing Lodging Inventory.. An express purpose of these regulations is to preserve and enhance Aspen's existing lodging inventory. Therefore, any proposal to convert an existing lodge or other property that provides short term accommodations to a timeshare lodge should; at a minimum, replace the existing number of units on the property in the planned timeshare lodge. If the applicant is unable to replace the existing number of units, then the timeshare lodge development shall replace the existing number of bedrooms on the property, or the applicant shall demonstrate how the proposal complies with the purposes of these regulations, even though the planned timeshare lodge will not replace either the existing number of units or bedrooms. STAFF FINDING: DOES IT COMPLY? YES The proposed conversion will result in a reduction of the number of units in the St. Regis Hotel, from 257 hotel units to 192 hotel, timeshare, and residential units. In addition, the conversion will reduce the number of bedrooms, from 257 to 248. The applicant contends, however, that the number of "sleeping facilities", which includes bedrooms and sleeper sofas, will be increased with the conversion. The increase in sleeping facilities will be from the existing, 257, to 272 after the conversion. Staff finds that because the drop in number of actual bedrooms is relatively slight, that the applicants proposal to include the sleeper sofas in the overall equation is sufficient to com 1 with this rovision. D. Affordable Housing Requirements. 1. Whenever a timeshare lodge development is required to provide affordable housing, mitigation for the development shall be calculated by applying the .standards of the City's housing designee for lodge uses. The affordable housing requirement shall be calculated based on the maximum number of proposed lock out rooms in the ST. REGIS HOTEL STAFF REPORT PAGE 32 ~..~, development, and shall also take into account any retail, restaurant, conference, or other functions proposed in the lodge. STAFF FINDING: DOES IT COMPLY? YES With the overall reduction in the number of lodging units from the existing 257 down to the proposed 187, the applicant contends that there will be a reduction in the number of employees generated. The Housing staff recommended that there would be additional employees generated. A condition of approval has been added by the Housing Board, however, requiring an audit of the hotel one year after a certificate of occupancy for the changes to the hotel. If the audit determines an increase in employees over what they currently mitigate, then the applicant will be required to provide affordable housing. There is no change proposed to the existing retail and restaurant and bar space, so there is no increase in their affordable housing re uirement. 2. The conversion of any multi-family dwelling unit that. meets the definition of residential multi-family housing to timesharing shall comply with the provisions of Chapter 26.530, Resident Multi-Family Replacement Program, even when there is no demolition of the existing multi-family dwelling unit. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE There are no existing multi-family dwelling units in the hotel, so this provision is not applicable. E. Parking Requirements. The parking requirement for timeshare lodge development shall be calculated by applying the parking standard for the underlying zone district for lodge uses. The parking requirement shall be calculated based on the maximum number of proposed lock out rooms in the development. STAFF FINDING: DOES IT COMPLY? YES The existing amount of parking provided is adequate to meet the demand, which is actually reduced with the proposal due to the reduction in the number of overall units. 2. The timeshare lodge development shall also provide an appropriate level of guest transportation services, such as vans or other shuttle vehicles, to offer an alternative to having owners and guests using their own vehicles in Aspen. STAFF FINDING: DOES IT COMPLY? YES The hotel provides vans and shuttle vehicles as an transportation alternative for their guests. 3. The owner of a timeshare estate shall be prohibited from storing a vehicle in a parking space on-site when the owner is not using that estate. STAFF FINDING: DOES IT COMPLY? YES ST. REGIS HOTEL STAFF REPORT PAGE 33 The applicant did not address this provision in the application. A condition of approval will be added prohibiting an owner from storing a vehicle in a parking space when not using the estate. F. Appropriateness of Marketing and Sales Practices. The marketing and sale of timeshare estates shall be governed by the real estate laws set forth in Title 12, Article 61, C.R.S., as may be amended from time to time. The applicant and licensed marketing entity shall present to the City a plan for marketing the timeshare development. 1. The following marketing and sales practices for a timeshare development shall not be permitted: a. The solicitation of prospective purchasers of timeshare units on any street, mall, or other public property or facility; and b. Any unethical sales and marketing practices which would tend to mislead potential purchasers. 2. Giving of gifts to encourage potential purchasers to attend a sales presentation or to visit a timeshare development is permitted, provided the gift reflects the local Aspen economy. For example, gifts for travel to or accommodations in Aspen, restaurants in Aspen, and local attractions (ski passes, concert tickets, rafting trips, etc.) are permitted. Gifts that have no relationship to the local Aspen economy are not permitted. The following gifts-are also not permitted: a. Any gift for which an accurate description is not given; b. Any gift package for which notice is not given to the prospective purchaser that the purchaser will be required to attend a sales presentation as a condition of receiving the gifts; and c. Any gift package for which the printed announcement of the requirement to attend a sales presentation is in smaller type face than the information on the gift being offered. STAFF FINDING: DOES IT COMPLY? YES The applicant has committed to not engage in any of the above, prohibited marketing practices. G. Adequacy of Maintenance and Management Plan. The applicant shall provide documentation and guarantees that the timeshare lodge development will be appropriately managed and maintained in an manner that will be both stable and continuous. This shall include an identification of when and how maintenance will be provided, and shall also address the following requirements: A fair procedure shall be established for the estate owners to review and approve any fee increases which may be made throughout the life of the timeshare ST. REGIS HOTEL STAFF REPORT PAGE 34 development, to provide assurance and protection to timeshare owners that management/assessment fees will be applied and used appropriately. 2. The applicant shall also demonstrate that there will be a reserve fund to ensure that the proposed timeshare development will be properly maintained throughout its lifetime. STAFF FINDING: ~ DOES IT COMPLY? I YES The management contract between the Association and the Manager will require that the project be maintained at a level sufficient to ensure compliance with St. Regis brand standards. The documents creating the Association will require preparation of an annual budget and will require the establishment of a reserve fund. The Association will be required to comply with the annual budget notice requirement of the Colorado Real Estate Commission and the Colorado statutes. H. Compliance with State Statutes. The applicant shall demonstrate that the proposed timeshare lodge development will comply with all applicable requirements of Title 12, Article 61, C.R.S.; Title 38, Article 33, C.R.S.; and Title 38, Article 33.3, C.R.S.; including the requirements concerning the five (5) day period for rescission of a sales contract, and the procedures for holding deposits or down payments in escrow. STAFF FINDING: DOES IT COMPLY? YES The applicant shall .comply with all applicable requirements of Title 12, Article 61, C.R.S.; Title 38, Article 33, C.R.S.; and Title 38, Article 33.3, C.R.S.; I. Approval By Condominium Owners. If the development that is proposed to be timeshared is a condominium, the applicant shall submit written proof that the condominium declaration allows timesharing, that one hundred (100) percent of the owners of the condominium units have approved the timeshare development, including any improvements to the common elements that the applicant may propose, that all mortgagees of the condominium have approved the proposed timeshare development, and that all condominium units in the timeshare development will be included in the same sales and .marketing program. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE The existing project is not currently a condominium. J. Prohibited Practices and Uses. Without in any way limiting any requirement contained in this Chapter, it is unlawful for any person to knowingly engage in any of the following practices: The creation, operation or sale of a right-to-use interest or any other timeshare concept which is .not specifically allowed and approved pursuant to the requirements of this section. Right-to-use timeshare concepts (e.g. lease-holds and vacation clubs) are considered inappropriate in Aspen and are not permitted. ST. REGIS HOTEL STAFF REPORT PAGE 35 ,,~,<a,., ~ ~. 2. Misrepresentation of the facts contained in any application for timeshare approval, timeshare development instruments, or disclosure statement. 3. Failure to comply with any representations contained in any application for timesharing or misrepresenting the substance of any such application to another who may be a prospective purchaser of a timeshare interest. 4. Manage, operate, use, offer for sale or sell a timeshare estate or interest therein in violation of any requirement of this Chapter or any approval granted pursuant hereto, or cause or aid and abet another to violate any requirement of this Chapter, or an approval granted pursuant to this Chapter. STAFF FINDING: DOES IT COMPLY? YES The applicant commits to not engaging in any marketing practice which are prohibited above, or by local or State regulations. 26.590.080 Business License and Sales Tax Payments. A. Business License. It shall be unlawful for any timeshare development to operate in the City of Aspen without first obtaining a business license in accordance with the standard procedures of the City of Aspen. STAFF FINDING: DOES IT COMPLY? YES The applicant presently has a current business license. B. Sales Tax Payments. Occupancy of any timeshare unit by anyone who pays a rental fee for the use of the unit (other than the owner thereof) shall be subject to the City's sales tax the same as if such occupancy were of a hotel or lodge unit. Any timeshare development, as a condition of its approval, shall be required to obtain an Aspen Sales Tax/Lodging Tax License, which shall establish how this tax shall be collected and paid to the City. The manager of the association shall be responsible for the timely collection of the City sales tax for the City of Aspen for rentals made through the association or a reservation system. The manager shall notify individual estate owners that they are responsible for the payment of sales tax to the City for units rented on a private basis. STAFF FINDING: DOES IT COMPLY? YES The applicant commits to complying with the above procedures. ST. REGIS HOTEL STAFF REPORT PAGE 36 EXHIBIT D SUBDIVISION -STAFF FINDINGS The Definitions section (26.104.100) of the Land Use Code explains that subdivision approval is required whenever leasehold interests will be transferred. Section 26.480.050 states that a development application for subdivision review shall comply with the following standards and requirements: A. General Requirements. a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan (AACP). STAFF FINDING: DOES IT COMPLY? YES The proposal complies with the applicable aspects of the AACP, specifically with regard to creating a sustainable economy. The conversion of a portion of the St. Regis hotel units into timeshare units, the expansion of the spa, and the construction of the additional hotel units that were originally approved will making the project more attractive to visitors and therefore contribute to sustaining and increasing the local economy. b. The proposed subdivision shall be consistent with the character of existing land uses in the area. STAFF FINDING: DOES IT COMPLY? YES The primary uses of the property -hotel units and timeshare lodge units are all consistent with the same uses that are currently found in surrounding area, or will be uses that will be part of soon to be constructed projects in the neighborhood (Aspen Grand Hotel). c. The proposed subdivision shall not adversely affect the future development of surrounding areas. STAFF FINDING: DOES IT COMPLY? YES The proposed subdivision will not adversely affect the future development of surrounding areas, as this subdivision only involves interior remodel. d. The proposed subdivision shall be in compliance with all applicable requirements of this Title. STAFF FINDING: DOES IT COMPLY? YES All applicable requirements, including with the zoning requirements of the L/TR zone district, are being met. B. Suitability of Land for Subdivision. a. Land Suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, ST. REGIS HOTEL STAFF REPORT PAGE 37 ,. mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE No exterior changes are proposed with the remodel and there will be no increase to the existing building footprint. b. Spatial Pattern Efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE No exterior changes are proposed with the remodel and there will be no increase to the existing building footprint. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the community. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE No variations are proposed to the standards. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE No variations are proposed to the standards. D. Affordable Housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. STAFF FINDING: ~ DOES IT COMPLY? ~ NOT APPLICABLE The standards of Chapter 26.520, Replacement Housing Program, are not applicable because there is no replacement housing involved. With the conversion of a portion of the hotel rooms to timeshare and the expansion of the spa, the project is reducing their employee generation, so no additional affordable housing mitigation is ST. REGIS HOTEL STAFF REPORT PAGE 38 E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. Applicability. School land dedication standards shall be assessed upon all new subdivisions within the City of Aspen which contain residential units. An applicant may make a cash payment in-lieu of dedicating land to the City, or may make a cash payment in combination with a land dedication, to comply with the standards of this Section. This section of the subdivision regulations requires the dedication of land or the payment of an in-lieu fee for each new residential unit in a subdivision. STAFF FINDING: DOES IT COMPLY? YES Compliance with the School Land Dedication Standards will be required for the one residential dwelling unit proposed. The applicant will pay cash in lieu of a land dedication and will be required to make the payment at time of building permit. ST. REGIS HOTEL STAFF REPORT PAGE 39 ExgIBIT E APPROVED P&Z RESOLUTION RESOLUTION N0. 10, ~~~¢~_ Co~ ~6P,'~t0~i (SERIES OF 2003) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT, GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS, TIMESHARE, AND SUBDIVISION FOR THE ST. REGIS HOTEL, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2 73 7-1828-5001 WHEREAS, the Community Development Department received an application from the SLT Aspen Dean Street, LLC (Applicant), represented by Gideon Kaufinan of Kaufinan and Peterson, P.C., requesting a PUD Amendment, Growth Management Quota System Exemptions, Timeshare, and Subdivision to convert 98 existing hotel rooms into 24 timeshare lodge units and one residential unit, to convert a portion of the existing meeting room, hotel office, and accessory space on the Ballroom Level into an approximately 15,300 square foot spa amenity, and to convert the existing spa facility on the Second Level of Building B to relocated hotel offices; and, WHEREAS, the 24 timeshare lodge units are proposed to be sold in a minimum of 1/11 fractional interests; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Waste District, City Engineering, Building, Fire, Streets, Parks, Housing, Environmental Health, and Water Departments as a result of the Development Review Committee meeting; and, WHEREAS, the applicant has chosen to consolidate all of the land use approvals, in accordance with Section 26.304.060, so that City Council will be the final reviewing body on all land use requests; and, WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Department recommended approval for the proposed land use requests for the St. Regis Hotel; and, WHEREAS, at its meeting on March 5, 2003, the City of Aspen / Pitkin County Housing Authority forwarded a recommendation of approval to City Council at its meeting to approve the proposed employee mitigation through an audit program; and, WHEREAS, the Planning and Zoning Commission forwarded a recommendation of approval via Resolution No. 10, Series of 2003, by a vote of three to two (3 - 2), to City Council to approve a PUD Amendment, Growth Management Quota System Exemptions, Timeshare, and Subdivision; and, NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO ON THE 18a' DAY OF MARCH 2003, THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission recommends approval of the Amendment to the PUD, GMQS Exemptions, Timeshare, and Subdivision, subject to the following conditions: 1. The building permit application shall include: a. A copy of the final Ordinance and recorded P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A traffic management plan that addresses issues such as construction worker parking and hauling routes. 2. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. b. All tap fees, impacts fees, and building permit fees shall be paid. c. A complete set of sprinkler and alarm plans shall be submitted to the Aspen Fire Marshal in order to determine if the fire sprinkler system and alarm system is adequate. d. The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed. All sanitation-related improvements below grade shall require the use of a pumping station. The conversion from lodge units may result in additional tap fees due to the additional kitchens and other sources of wastewater. e. The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Based on the sprinkler requirements of the Fire Department, a new and larger water tap may be needed. An additional tap fee maybe assessed due to the change in use. f. The applicant shall consult the Colorado Revised Statutes (CRS) to determine the required number of type A and type B units as it pertains to food/beverage service areas. American With Disabilities Act (ADA) Accessibility shall be provided to all timeshare units and to the juice bar and spa. A Temporary Certificate of Occupancy (TCO) may be issued subject to safety and Fire Department concerns being addressed to the satisfaction of the Fire Marshal and the Aspen Building Department. g. The applicant shall be subject to the soon to be adopted International Fire Code. The applicant shall submit a complete set of fire sprinkler and alarm plans to the Fire Department, Water Department and Sanitation District prior to sign-off of building permit. In addition, the applicant shall comply with new regulations requiring sprinkler heads that provide a larger flow that may impact the plumbing design, the size of the water tap, and water service fees. h. At the time of building permit, Environmental Health shall review the plans for the juice bar set-up and operations. 3. Per the Aspen Pitkin County Housing Authority Board approval of the application on Mazch 5, 2003, the applicant shall conduct an audit, based on the standards of the previous audit (of Section B-4G of the 1~ Amended and Restated Subdivision Agreement, recorded in Book 574, Page 792 of the Pitkin County Clerk and Recorder), immediately after one full fiscal year following the issuance of a certificate of occupancy for the proposed new spa facility, hotel rooms, timeshare units, and residence under the following terms: a. The applicant shall retain an auditor and shall gain prior approval from the Housing Office Operations Manager for the selection of the auditor. b. The applicant shall be fully responsible for all fees associated with retaining an auditor. 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, affordable housing for any additional employees of the new facilities. b. The applicant shall abide by the Aspen/Pitkin County Affordable Housing Guidelines in effect at the time of the audit. 5. Final .Condominium Declazations shall be submitted to the City concurrent with the submission of the Condominium Subdivision Plat and shall include the following language regarding timeshaze: a. Timeshaze estates shall be made available for short-term rental when the estate is not in use by the owner of the unit, the owner's guests, or persons occupying the unit under an exchange program. Units that aze available for rental shall be listed at competitive rates in a central reservation system. b. The covenants of the homeowners association shall permit walk-in rental of units. The association shall not limit rental of units to such arrangements as only weekly rentals or Saturday-to-Saturday rentals; instead the association shall permit shorter stays, split-week rentals, and similaz flexible arrangements. c. Owners of timeshaze estates shall be required to reserve their unit/time sufficiently faz enough in advance to enable the public to obtain access to those units that aze not so reserved. d. The owner of a timeshare estate shall not be permitted to occupy that estate for any period in excess of thirty (30) consecutive calendaz days. e. The owner of a timeshare estate shall be prohibited from storing a vehicle in a parking space on-site when the owner is not using that estate. .. ,,, 6. The timeshare lodge units that remain in the developer's inventory shall be made available for rental to the public while the estates are being sold, except for models and other units that are needed for marketing or promotional purposes. 7. The Applicant shall pay the City of Aspen school land dedication fees for the additional residential unit. These fees shall be due and payable at the time of issuance of a building permit for the development. 8. A PUD Agreement and Amended PUD Plan shall be recorded within 180 days of the final approval by City Council and shall include the information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). 9. The applicant shall file a Notice of PUD in the Clerk and Recorders office of Pitkin County subsequent to receipt of a development order, or prior to issuance of a building permit. 10. With this approval, the applicant shall commit to having the St. Regis Hotel open for business year around. Section 2• All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3- This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4• 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 Commission at its regular meeting on March 18, 2003. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk ExHisiT F P&Z Mirrv~rEs The minutes from the P&Z meeting were unfortunately not completed by the time this report was due. The minutes will be provided to City Council prior to the public hearing portion of the review on May 27, 2003. MEMORAN~~..~ ExHIBIT G HOUSING AUTHORITY MEMO TO: Scott Woodford, Community Development Department FROM: Aspen/Pitkin County Housing Authority DATE: 6 March 2003 RE: St. Regis Hotel, Aspen Mountain Subdivision PUD Redevelopment/Amendment ISSUES: The applicant is proposing to convert lodge units into fractional timeshare units; remove existing meeting rooms and relocate existing office space thereby allowing for a new full-service spa facility in their place; construct 20 new hotel rooms in a currently unoccupied building; and build a new residential unit within the main building. The proposal calls for converting 98 existing lodge units into 25 residential timeshare units. The applicant is also proposing to install a new spa facility of 15,300 square feet consisting of 3 fitness centers; 8 treatment rooms; 8 spa/facial/therapy rooms; 4 waiting lounges; a salon; a boutique; a reception area; separate men's and women's changing areas both with a private steam, sauna, cold plunge and Jacuzzi; and several staff/attendant/reservation stations located on-site. The project consists of the six-story St. Regis Hotel with a total floor affected area of 97,310 square feet. The applicant states that no expansion of the property is proposed, and that all proposed remodels are limited to the area contained within the existing hotel structure. The proposal calls for 5,165 square feet of office space to be relocated to the existing 4,800 square foot spa facility on the second level of Building B. The new spa facility will be located in the vacated office and meeting room space. The timeshare lodges and residence will be situated among the 2"d through the 6th floors in place of existing lodge units. The- new lodge units will be placed in the Blue Spruce Building that is currently unoccupied. BACKGROUND: The site is located at the base of Aspen Mountain. Starwood Hotels and Resorts is the owner of the Hotel property. The original owner, John H. Roberts Jr. submitted the Aspen Mountain PUD and Subdivision in 1983. The City Council granted final approval of the PUD in 1985. In 1987, Savanah Limited Partnerships purchased Lots 1 through 5 comprising the Aspen Mountain PUD ~,w ~~+° and submitted an Amended PUD/Subdivision. The City Council approved the First Amended and Restated Planned Unit Development/Subdivision Agreement in 1988. Later amendments followed in 1990 such that the development approvals of 1985 differ from subsequent amendments and the actual construction configuration of the hotel first named the Ritz-Carlton. The City of Aspen approved a total of 329 lodge units for the Hotel. Hotel construction came to completion at the close of 1992. Twenty of twenty-two lodge units that were approved for the Blue Spruce Building, but never constructed, are proposed to be completed as a part of this proposal. The original PUD Agreement was credited with 182 employees housed in the Alpina Haus, the Copper Horse Lodge, Ute City, and Hunter Longhouse. This agreement was required to house 60% of the net new employees. Additionally, because of the demolition of existing residential structures on the site, a housing replacement of 30 employees was required. These requirements resulted in 161.5 employees that are to be provided with affordable housing and 29 employees that are to be housed from the demolition of the existing residential units, as proposed the PUD. According to the applicant, the then owner, Savanah Limited Partnership, agreed to provide housing for 198.5 employees in exchange for a City Council approval of a revised development proposal. Proposal: The remodel will consist of 7three-bedroom timeshare units, and 6 two-bedroom timeshare units on the 3~d through 6~' floors of the hotel with a total of 24 lockout keys and one residential unit. Additionally the remodel will include 16 new lodge units and 4one-bedroom lodge suites in Building C. The hotel lodge units will be reduced from 257 to 179, with the addition of 24 timeshare units and one residential unit according to the applicant. DISCUSSION: Affordable Housing Units: Section 1, Priorities for Affordable Housing Units, of the Aspen/Pitkin County Affordable Housing Guidelines establishes the following equal priority unit types based on current needs: • For-sale type units whereby the average sales price is no higher than Category 3 and the units consist of one-bedroom and two-bedroom units, with associated RO units. • Family oriented sales units (Category 3 and 4). The applicant is not proposing any units. This form of mitigation does not meet the full intent of Section 1. The APCHA Affordable Housing Guidelines establishes the preferred option to obtain credit for providing deed-restricted affordable housing units under the City's Growth Management Quota System as follows: 2 `, • On-Site Housing -affordable housing units located either on the same site as, or attached to, the proposed development. • Off-Site Housing -affordable housing units located within the Aspen Metro Area and approved by the Aspen/Pitkin County Housing Authority. • Cash-in-Lieu or Land-in-Lieu -payment of an affordable housing dedication fee or a donation of land. The preference of cash or land shall be determined on a case-by-case basis. The applicant is not proposing any housing, which does not meet the intent of this Section. Section 2 of the Aspen/Pitkin County Affordable Housing Guidelines requires that all affordable housing units meet the size, type, income, and occupancy requirements contained in the Guidelines. Section 2, Affordable Housing Units Required for Mitigation, of the Aspen/Pitkin County Affordable Housing Guidelines establishes the following provisions for an applicant to select from for all affordable housing units required as mitigation for residential or commercial development in order to obtain credit under the Growth Management Quota System: Production of new dwelling units deed restricted in perpetuity to rental and sale price terms as defined in the Guidelines. Conversion of existing dwelling units to deed restricted units. Payment of Land-in-lieu The applicant is not proposing any new housing units. This provision does not meet the intent of Section 2 of the Guidelines. REQUIREMENT: There are two types of mitigatory requirements for affordable housing which this proposed application is subject to, including the timeshare lodge and the commercial space. In accordance with Section 26.470.100.B and C.3.b, Growth Management Scoring Criteria -Commercial and Office Development, of the City of Aspen Land Use Regulations, an applicant is required to provide affordable deed-restricted housing fora minimum of sixty-percent of the employees generated by the proposed development. History: An audit conducted by the Ritz Carlton (now the St. Regis) was assessed in 1998, which concluded that the amount of employees mitigated was reasonable in accordance with the1993-1994 payroll records. The audit found that the Ritz Carlton is required to provide housing for 198.5 employees (60% of 330.8 FTE). ~. Additionally, the applicant is required to count the maximum number of proposed lockout units in the development application when calculating the need for affordable employee housing. The applicant estimates that the proposed timeshare lodges will not generate any additional need for employees based upon a comparison with current operations at the St. Regis. The applicant claims that there will not be an increase in the number of hotel employees over the amount currently employed despite the changes in use. The applicant believes that there will be an actual reduction of 3.59 employees generated by the remodel. The Housing Staff would concur with the applicant that there would appear to be no net increase in employees associated with the conversion of lodge units to timeshare units and a single residence and the construction of the previously approved lodge units and suites. The Housing Staff used the figure of 15,000 square feet listed in the application to calculate the proposed commercial and retail space's employee generation. Using the applicant's figures of 12.8 employees per 1,000 square feet, this translates to 192 employees generated by the remodeled new spa facilities. The applicant's position is that there is no change in the square footage of food, beverage, and retail space from what exists today. The applicant shows a total of 168.7 employees generated by the commercial and retail space. This is a difference of 23.3 new employees. It is the position of the Housing Staff that the applicant is required to mitigate at 60% of the new employees for a total of 13.98 employees. RECOMMENDATION: The Housing Authority Board conditionally approved the application in accordance with the following conditions: 1. The applicant shall conduct an audit immediately after one full fiscal year following the issuance of a certificate of occupancy for the proposed new spa facility, hotel rooms, timeshare units, and residence under the following terms: a. The applicant shall retain an auditor and shall gain prior approval from the Housing Office Operations Manager for the selection of the auditor. b. The applicant shall be fully responsible for all fees associated with retaining an auditor. 2. Should the audit show an increase in the number of employees, the applicant shall return to the Housing Authority under the following terms: a. The applicant shall provide deed restricted, affordable housing for any additional employees of the new facilities. 4 ~_ ~ ^'~, `` b. The applicant shall abide by the Aspen/Pitkin County Affordable Housing Guidelines in effect at the time of the audit. ;,_ i` ~@ 3 ~ EXHIBIT H LETTER ON EMPLOYEE HOUSING Joseph ~1r ells Land Planning 6t3~ Midland Park place Aspen, Colorado SIbl1 Phone: 370.325.$()80 Facsimile: 370.320.4378 e-mail: Wel3sAspen@aol.com March 12, 20(X3 11rir. Scott Ti~'oodford City of Aspen. Community Development Department 530 Past Main Street Aspen, Colorado 81611 Delivered by e-mail to scott~-~ci.aspen.cx~.us Dear Scott: As we have discussed, I wanted to provide you with follow-up inf+armation on the otivner's employee projections related to the proposed remodel of the St Regis, even though the applicant has already agreed to repeat the .audit proanciure one calendar year after rnmpletion of the remodel, based on the methodology and procedures descn"bed in the First Amended and Restated PIJD Agreement (the "PUD Agreement"). The developer originally agreed to an audit of the actual employment in Hotel Phase I after the second full year of operation to {i) confirm that the previous estimates of the employee generation of the hotel were accura6e and (ri) to require that additional housing be provided in the event that bt3 percent of the number of actual full-time equivalent employees working in Note! Phase I exoryeded the figure of 198.5 employees that the developer agreed to provide housing for under the PUD Agreement The language of Section B ~ (g) of the PLID Agreement (the audit Language), restated below, required that if, as a result of the audit, it was determined that the number of full-time equivalent employees in the hotel exceeded 330.83, the owner would be obligated to provide additional affordable housing for 60 percent of the addifional FTEE's. 0~-ner and City agree that there shall be an audit performed of the hotel after its second full year of operation to determine the actual number of FTC's working in Hotel Phase I. In the event the audit determines that Hotel Phase I has a higher FT1~E count than 269, the Owner shall provide employee housing for sixty percent (60 j) of the number in excess if such 6Q`~ number added to 161.5 is greater than 198.5 ....... For the purposes of this requirement, the audit shall be performed and,FTEE's shall be defined according to the Housing Authority guidelines in effect at the time of this approval, a copy of which is hereto annexed as Exhibit G." mow, 1_4'farc~h 12, 2003 fllglr. Scott f~~oodford Page two of two Since the audit was performed in 1995, there has been a cha awe in ownership of the hotel and both occupancies and employment are down Ridzard 11+IcLennai~ the General iVlanager of the St Regis has now completed a c~lcailation of the full- time equivalent employment for the hotel utilizing the audit standards for 200(1 through 2002. The St. Regis' actual employment for the hotel last year was dav~~n to 243.18 from the peak levels of 2000 of 301.5 employees and those for 2001 of 265.30 employees- All three years are considerably below the threshold number of 3..30.83 employees that would have triggered a r~uirement for additional affordable housing under the audit language of the PUD Agreement and are also less than the figure of 314.5 employees that was apparently determined to be employed in the hotel in 1995, when the original audit was performed. ("The Housing tJffiae referred to a number of 314.5 FTEE's-from a confidential memo about the audit that they have in their files.) fir. ~~-¢*~*~a** has also projected the full-time equivalent employment for the hotel by position for 2005, once the hotel is in operation after completion of the proposed. remodel The full-time equivalent employment for the hotel in 2(1(}5 is projected to be 261.46, aver 69 employees less than the total of 330.83 employees that would have triggered a requirement for additional affordable housing under the PW Agreement, beyond the 198.5 that have already been housed.. Rega Imp ~~' EXHIBIT I DRC MINUTES Building Department • .Code Review: It is probable that in June 2003 the Building Department will adopt the International Building Codes (IBC) and the International Residential Codes IRC). The architect will also need to reference the 1998 ANSI Standards. • Change in Use: The Applicant will need to consult Colorado Revised Statutes (CRS) to determine the required number of type A and type B units. • ADA Accessibility: Not only individual timeshare units but also the juice bar and spa. • Temporary Certificate of Occupancy (TCOLTemporary COs can be issued if safety and Fire Department concerns are addressed. • Energy Code: New energy code will apply to portions of building never completed. 2. Parks Department • Parks Dept. notes that several of the tree grates are broken or too small for the growing trees. Parks Dept. asks that St. Regis address this problem. 3. Fire Department • International Fire Code: Soon to be adopted by the Fire Department. The Fire Chief is unaware of the impact the new code will have on the St. Regis. • Sprinkler and Alarm Plans: The Fire Department would like to see a complete set of sprinkler and alarm plans as soon as possible. These plans are also needed by the Water Department and Sanitation District. • Sprinkler Heads: New regulations require sprinkler heads that provide a larger flow. The large flow requirements may impact plumbing design, the size of the water tap, and the water service fees. • Diesel Back-up: The Fire Department wants to know that the diesel generator is in running order and if a larger generator is needed due to the changes. 4. Water Department • Ta Fees: Based on the sprinkler requirements of the Fire Department, a new and larger water tap may be needed. An additional tap fee may be accessed due to the change in use. • Utility Plans: The Water Department needs to see existing (as-built) and proposed utility plans. 5. Sanitation District • Sanitation District Fees: The conversion from lodge units may result in additional tap fees due to the additional kitchens and other sources of wastewater. (Fee are based not only on quantity but also on organic loading.) ST. REGIS HOTEL STAFF REPORT PAGE 39 • Special Concerns: The sanitation district will determine if oil and grease separators exist where needed and that requirements for laundry and dry cleaners are met. • Utility Plans: The Sanitation District needs to see existing (as-built) and proposed utility plans. 6. Environmental Health • Water Leak in Kitchen: Environmental Health would like to learn if the leak in the kitchen (from roof or sprinklers) has been corrected> • Juice Bar: At the time of building permit, Environmental Health will review the plans for the juice bar. • Trip Mitigation: With the exception of the hair salon, the services in the building are not available to the general public. No Additional trip mitigation measures appear to be necessary. However, Environmental Health would like the Owners to confirm that the mitigation measures, required as part of the PUD, have been implemented. ((This is a `TO ITEM' for the Applicant but it will not be included in any resolution or ordinance.)) ST. REGIS HOTEL STAFF REPORT PAGE 40 ~,„~~, r ~~~ ~ :: RESOLUTION N0. 10, (SERIES OF 2003) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT, GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS, TIMESHARE, AND SUBDIVISION FOR THE ST. REGIS HOTEL, LOT 1 ASPEN MOUNTAIN SUBDIVISION PUD, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2 73 7-1828-5001 WHEREAS, the Community Development Department received an application from the SLT Aspen Dean Street, LLC (Applicant), represented by Gideon Kaufman of Kaufman and Peterson, P.C., requesting a PUD Amendment, Growth Management Quota System Exemptions, Timeshare, and Subdivision to convert 98 existing hotel rooms into 24 timeshare lodge units and one residential unit, to convert a portion of the existing meeting room, hotel office, and accessory space on the Ballroom Level into an approximately 15,300 square foot spa amenity, and to convert the .existing spa facility on the Second Level of Building B to relocated hotel offices; and, WHEREAS, the 24 timeshare lodge units are proposed to be sold in a minimum of 1/11`h fractional interests; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Waste District, City Engineering, Building; Fire, Streets, Parks, Housing, Environmental Health, and Water Departments as a result of the Development Review Committee meeting; and, WHEREAS, the applicant has chosen to consolidate all of the land use approvals, in accordance with Section 26.304.060, so that City Council will be the final reviewing body on all land use requests; and, WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Department recommended approval for the proposed land use requests for the St. Regis Hotel; and, WHEREAS, at its meeting on March 5, 2003, the City of Aspen / Pitkin County Housing Authority forwarded a recommendation of approval to City Council at its meeting to approve the proposed employee mitigation through an audit program; and, WHEREAS, the Planning and Zoning Commission forwarded a recommendation of approval via Resolution No. 10, Series of 2003, by a vote of three to two (3 - 2), to City Council to approve a PUD Amendment, Growth Management .Quota System Exemptions, Timeshare, and Subdivision; and, ,~ :; NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO ON THE 18`h DAY OF MARCH 2003, THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission recommends approval of the Amendment to the PUD, GMQS Exemptions, Timeshare, and Subdivision, subject to the following conditions: 1. The building permit application shall include: a. A copy of the final Ordinance and recorded P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A traffic management plan that addresses issues such as construction worker parking and hauling routes. 2. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. b. All tap fees, impacts fees, and building permit fees shall be paid. c. A complete set of sprinkler and alarm plans shall be submitted to the Aspen Fire Marshal in order to determine if the fire sprinkler system and alarm system is adequate. d. The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed. All sanitation-related improvements below grade shall require the use of a pumping station. The conversion from lodge units may result in additional tap fees due to the additional kitchens and other sources of wastewater. e. The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Based on the sprinkler requirements of the Fire Department, a new and larger water tap may be needed. An additional tap fee maybe assessed due to the change in use. f. The applicant shall consult the Colorado Revised Statutes (CRS) to determine the required number of type A and type B units as it pertains to food/beverage service areas. American. With Disabilities Act (ADA) Accessibility shall be provided to all timeshare units and to the juice bar and spa. A Temporary Certificate of Occupancy (TCO) may be issued subject to safety and Fire Department concerns being addressed to the satisfaction of the Fire Marshal and the Aspen Building Department. g. The applicant shall be subject to the soon to be adopted International Fire Code. The applicant shall submit a complete set of fire sprinkler and alarm plans to the Fire Department, Water Department and Sanitation District prior to sign-off of building permit. In addition, the applicant shall comply with new regulations ~~,~ ~,~~, requiring sprinkler heads that provide a larger flow that may impact the plumbing design, the size of the water tap, and water service fees. h. At the time of building permit, Environmental Health shall review the plans for the juice bar set-up and operations. 3. Per the Aspen Pitkin County Housing Authority Board approval of the application on March 5, 2003, the applicant shall conduct an audit, based on the standards 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), immediately after .one full fiscal year following the issuance of a certificate of occupancy for the proposed new spa facility, hotel rooms, timeshare units, and residence under the following terms: a. The applicant shall retain an auditor and shall gain prior approval from the Housing Office Operations Manager for the selection of the auditor. b. The applicant shall be fully responsible for all fees associated with retaining an auditor. 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, affordable housing for any additional employees of the new facilities. b. The applicant shall abide by the Aspen/Pitkin County Affordable Housing Guidelines in effect at the time of the audit. 5. Final Condominium Declarations shall be submitted to the City concurrent with the submission of the Condominium Subdivision Plat and shall include the following language regarding timeshare: a. Timeshare estates shall be made available for short-term rental when the estate is not in use by the owner of the unit, the owner's guests, or persons occupying the unit under an exchange program.. Units that are available for rental shall be listed at competitive rates in a central reservation system. b. The covenants of the homeowners association shall permit walk-in rental of units. The association shall not limit rental of units to such arrangements as only weekly rentals or Saturday-to-Saturday rentals; instead the association shall permit shorter stays, split-week rentals, and similar flexible arrangements. c. Owners of timeshare estates shall be required to reserve their unidtime sufficiently far enough in advance to enable the public to obtain access to those units that are not so reserved. d. The owner of a timeshare estate shall not be permitted to occupy that estate for any period in excess of thirty (30) consecutive calendar days. e. The owner of a timeshare estate shall be prohibited from storing a vehicle in a parking space on-site when the owner is not using that estate. 6. The timeshare lodge units that remain in the developer's inventory shall be made available for rental to the public while the estates are being sold, except for models and other units that are needed for marketing or promotional purposes. 7. The Applicant shall pay the City of Aspen school land dedication fees for the additional residential unit. These fees shall be due and payable at the time of issuance of a building permit for the development. 8. A PUD Agreement and Amended PUD Plan shall be recorded within 180 days of the final approval by City Council and shall include the information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). 9. The applicant shall file a Notice of PUD in the Clerk and Recorders office of Pitkin County subsequent to receipt of a development order, or prior to issuance of a .building permit. 10. With this approval, the applicant shall commit to having the St. Regis Hotel open for business year around. Section 2: All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: 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 Commission at its regular meeting on March 18, 2003. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: ckie Lothian, eputy City Clerk MEMORANDUM TO: The Aspen Planning & Zoning Commission THRU: Joyce Allgaier Ohlson, Deputy Directo~ FROM: Scott Woodford, City Planne~ RE: ST. REGIS HOTEL: PUBLIC HEARING, PLANNED UNIT DEVELOPMENT AMENDMENT, GMQS EXEMPTIONS, SUBDIVISION, AND TIMESHARE RESOLUTION NO. ~ SERIES ZOOS DATE: March 18, 2003 PROJECT: ST. REGIS HOTEL REQUEST GMQS Exemptions, Planned Unit Development (PUD) Amendment, Timeshare, SUMMARY: and Subdivision to convert 98 existing hotel rooms into 24 timeshare lodge units and one residential unit in Building B, to convert a portion of the existing meeting room hotel office, and accessory space on the Ballroom Level of Building A into an approximately 15,300 square foot spa amenity, to relocate the hotel offices into the existing spa facility on the Second Level of Building B, and to convert 22 approved hotel rooms in Building C into 20 hotel rooms. LOCATION: 315 East Dean Street STAFF APPROVAL OF THE GMQS EXEMPTIONS, PUD AMENDMENT, RECOMMENDATION: TIMESHARE, AND SUBDIVISION, WITH CONDITIONS :!~~ . ;.. r^"' ~ . :~ The entrance to the St. Regis Hotel and Building B. Building A is located up South Mill Street and Building C is located across a vacated portion of Dean Avenue via a bridged walkway (see also the site plan on the following page). All three buildings are proposed for various interior renovations. ST. REGIS HOTEL STAFF REPORT PAGE 1 .., d -s G cp ~ - ~. ~ C ~ G ~ ~ ~ . . ~ ~ ~Q ~ ~Q ~M N CD ~'Q r•+• -~+• CD M•~+ ~J ~,f.- PROJECT SUMMARY: The applicant, SLT Aspen Dean Street, LLC, an affiliate of Starwood Hotels and Resorts, has submitted an application requesting the appropriate land use approvals to make a number of improvements to the St. Regis Hotel. According to the application submitted for the proposal, the applicant proposes to make over $30 million in upgrades to the hotel, citing that the changes are necessary to help the St. Regis keep pace with other luxury hotels in competing resort communities and to meet changing consumer expectations. The proposed changes to the hotel include the following (see Floor Plans in Application on pages 16-24 for help in understanding the proposal): 1.) Conversion of 98 of the existing hotel rooms located on the 2°d through the 6th floors in Building B into 24, two and three bedroom timeshare units and 1 whole residential unit. The applicant proposes to sell the timeshare units in 1/1 lth increments. 2.) Conversion of a portion of existing meeting room and pre-function space, the ~ business center and hotel sales and accounting offices on the Ballroom Level under Building A into an approximately 15,300 square foot spa for the use of guests. 3.) Relocation of the hotel sales and accounting offices from the Ballroom Level into the 4,800 square foot spa on the 2"d floor of Building B. 4.) Reduction of the number of un-built, yet approved hotel rooms on the 2°d and 3`d `` floors of Building C (Blue Spruce Building) from 22 to 20 hotel rooms (16 hotel) ~ , rooms and 4 one bedroom suites). The 22 units were part of the original approval, but ` were never constructed. This application seeks an Amendment to the original PUD to reduce the number of units from 22 to 20. Looking from South Mill Street towards Building B, which will house the 24 proposed timeshare lodge units and one whole residential unit on the second through sixth floors. No changes are proposed to the exterior of any part of the hotel. .~ _s ~,. ST. REGIS HOTEL STAFF REPORT PAGE 2 ~.: If the changes are approved, it will result in a change from an existing total of 279 hotel rooms (257 built units and 22 un-built units in Building C) to 187 hotel rooms, 24 timeshare lodge units and 1 whole residential condominium. The new spa facility will consist of 3 fitness centers, 8 treatment rooms, 8 spa facial/therapy rooms, 4 waiting lounges, a salon, boutique, reception area, separate women's and men's changing areas with private steam, sauna, cold plunge, Jacuzzi, and several staff/attendant/reservations stations located on-site. All changes proposed are to the interior of the building and no exterior changes or site improvements are proposed. REVIEW PROCESS' The applicant requests the following land use approvals for the project described above: 1) Planned Unit Development (PUD) Amendment: An Amendment to the PUD approval for the St. Regis Hotel is necessary to approve the conversion of the 98 hotel rooms into 24 timeshare lodge units and one residential unit, and to convert the 22 un- built lodge units into 20 lodge units in Building C. Since the proposed Amendment has been determined by the Community Development Director to not be eligible for an Insubstantial Amendment and to be inconsistent with the approved final development plan, both Planning and Zoning Commission and City Council approval are required. The timeshare use also requires PUD approval. ._W....._ ~'~~ tx A view looking towards Building C of the St. Regis, which is connected to the main part of the hotel by the enclosed bridge over Dean Avenue. Although 22 hotel rooms were originally approved for Building C, the owners never constructed them and the building is only a shell with two floors. As part of this application, the applicant would like to convert them into 20 hotel rooms and construct them simultaneous to the other changes. 2) Growth Management Quota System (GMQS) Exemptions: The following GMQS Exemptions are requested: • Remodeling, restoration, or reconstruction of_ existing buildings (Section 26.470.070.A.): to remodel the existing hotel units into timeshare lodge units. Staff has determined that the proposal is a remodel, as the Code defines a remodel as "a construction project comprising revisions within or to elements of an existing structure, as distinct from additions to an existing structure." This exemption is allowed provided it does not add additional lodge units (timeshare, ST. REGIS HOTEL STAFF REPORT PAGE 3 ,~ ~...,. like hotel, are considered to be "lodge" in the Code) and does not involve a change of use. • Change of Use (Section 26.470.070.F): to allow the conversion of hotel units into one residential unit. The change of use exemption is not required for the conversion of hotel units into timeshare lodge units because both uses are considered tourist accommodations, for the purposes of the Code. • Accessory Uses in a Mixed Use Development (Section 27.470.070.K): to allow for the reconfiguration of hotel accessory space, specifically the spa, meeting space, and hotel office. 3) Timeshare: The applicant proposes to sell the converted hotel rooms as timeshare lodge units in 1/11tI' increments. To qualify as a timeshare, the proposal must comply with the Review Standards for Timeshare Lodge Development (contained in Exhibit C). 4) Subdivision: Subdivision is required for creating multi-family units, for condominiumization, and for timeshare approval. The process, act, or result of dividing land into two or more separate legal interests for the purpose of transfer of ownership constitutes a subdivision. According to Section 26.480.090, a condominium plat must be submitted to the Community Development Director for review and approval as a subdivision. This step is usually done after the construction is significantly complete; however, as subdivision approval is technically required to approve a condominium plat (which would require another City Council approval), the applicant is requesting subdivision approval for the condominiumization at this stage so that Subdivision approval will not be necessary again at the time the applicant wishes to file the condominium plat. Final Review Authority: Per Section 26.304.060, when more than one development approval is being sought simultaneously, the applicant may choose to combine them in order to eliminate or reduce duplication and ensure economy of time, expense and clarity. This means that, although some land use approvals require only staff approval or P&Z approval, while others require Council approval, all requested approvals for the St. Regis will be reviewed by P&Z and their recommendation will be passed on to Council for final review. BACKGROUND/EXISTING CONDITIONS: The St. Regis Hotel (formerly known as the Ritz Carlton) finished construction in December of 1992. The property was purchased by the current owner in January of 1998. For information about the history of Lot 1 of the Aspen Mountain Subdivision PUD, and the St. Regis Hotel, see Page 1 of the Application. ST. REGIS HOTEL STAFF REPORT PAGE 4 PREVIOUS ACTIONS: The Housing Authority Board reviewed the application at their March 5, 2003 meeting and approved the application with the condition that the applicant be subject to an employee audit to be conducted one full fiscal year after completion of the changes. The Housing staff had indicated to the Board that they agreed with the applicant with regard to a reduction in the number of employees generated for the lodge and hotel portion of the project because of a reduction in the number of those units, but felt that there would be an increase of 23.3 new employees with the expanded spa. Of those, the applicant would be required to provide housing for 60%, or for 13.98 employees. In arriving at this requirement, the Housing staff used the figure of 12.8 employees per 1,000 square feet, which is the same figure used in determining the employee generation for food and beverage space. The applicant contends that the food and beverage generation figure is too high for spa uses and that the increase in employees generated by the spa would be more than offset by the reduction in employees required from the net loss of overall lodge units and partial reduction of conference space. In fact, the applicant believes that there will be a net loss of 3.59 employees. Ultimately, the Board was uncomfortable with requiring a factor of 12.8 employees per 1,000 square feet for the spa and, because there exists no employee generation numbers for spas in the Code, the Board decided to instead require the audit after one year. The applicant agreed to the provision. In their approval, the Board added the following conditions: 1. The applicant shall conduct an audit immediately after one full fiscal year following the issuance of a certificate of occupancy for the proposed new spa facility, hotel rooms, timeshare units, and residence under the following terms: a. The applicant shall retain an auditor and shall gain prior approval from the Housing Office Operations Manager for the selection of the auditor. b. The applicant shall be fully responsible for all fees associated with retaining an auditor. 2. Should the audit show an increase in the number of employees, the applicant shall return to the Housing Authority under the following terms: a. The applicant shall provide deed restricted, affordable housing for any additional employees of the new facilities. b. The applicant shall abide by the Aspen/Pitkin County Affordable Housing Guidelines in effect at the time of the audit. STAFF COMMENTS' PUD AMENDMENT: Any request for an Amendment to a PUD must comply with the review criteria for a PUD. Staff has reviewed the proposal against the criteria and finds ST. REGIS HOTEL STAFF REPORT PAGE 5 that the request for PUD Amendment meets all of the applicable criteria (See Exhibit A for a full analysis of Staff Findings for PUD). GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS: The applicant requests three different exemptions from the City's GMQS as listed below. Staff comments on the proposal's compliance with the criteria follows: (For full review, see Staff Findings in Exhibit B) REMODELING, RESTORATION, OR RECONSTRUCTION OF EXISTING BUILDINGS: A GMQS Exemption is requested to allow for the remodeling of 98 of the existing hotel rooms into 25 timeshare lodge units. The Code states that such remodeling shall be exempt from the growth management competition and scoring procedures, provided that it does not create additional dwelling, hotel or lodge units or involve a change of use. In this instance, the number of units is being reduced and, because the Code defines both hotel and timeshare units as tourist accommodation, there is no change of use, so staff finds the request to comply with the criteria. CHANGE of UsE: A GMQS Exemption is also requested to allow for the change of use from hotel, or tourist accommodation, to residential for the proposed conversion of several hotel rooms into one whole condominium unit. There are seven criteria a request must comply with to get the exemption (all of them can be found in Exhibit B), but the two most significant criteria are that: a.) a minimal number of additional employees will be generated by the change in use and that employee housing will be provided for the additional employees generated. As noted above, the applicant contends that the proposal will actually result in a reduction of 3.59 employees generated because of the ability of the hotel management to consolidate employees and because of the reduction in employees from the conversion to less lodge units and eliminating a portion of meeting space (a letter from Joseph Wells, representing the applicant, is attached detailing the anticipated employee needs of the St. Regis Hotel after the changes, Exhibit F). The Housing staff felt that the changes would generate 23.3 employees and be required to mitigate for 13.98 of them. The Housing Board decided to require an audit one year after the changes are complete. If the audit determines that there were more employees generated than are contemplated with this application, then the applicant shall be required to provide additional affordable housing. Based on this safeguard, staff believes that the project complies with the above criteria. With the original approval for the hotel, the applicant was required to provide affordable housing. In the First Amended and Restated Planned Unit Development/Subdivision Agreement recorded in 1988, the hotel was required to house 161.5 employees, which was based solely on lodge operations, accessory food and beverage space and accessory retail space. Employee generation for the spa was not considered as it was apparently agreed at the time, between the owner and the City, that the hotel did not generate ST. REGIS HOTEL STAFF REPORT PAGE 6 employees beyond those generated by these three factors. The owner, however, eventually agreed to provide housing for 198.5 employees in exchange for City Council approval of a revised plan and is credited with housing 182 employees in the Alpina House, Copper Horse Lodge, Ute City, and the Hunter Longhouse. An audit, which was required of the original PUD and conducted by the Ritz Carlton (now the St. Regis) in 1998, concluded that the 198.5 employees mitigated was reasonable in accordance with the 1993-1994 payroll records. b.) a minimal amount of additional parking spaces will be demanded by the change in use and that parking will be provided. According to the application, the parking demand will be reduced by 10.33 spaces as a result of the timeshare conversion. This difference was calculated by comparing the parking demand of the net loss of the units (98 existing units - 25 proposed units = 78 net loss of units) with the number of proposed units. When the Aspen Mountain Subdivision PUD was originally approved, a parking demand study was done for the whole subdivision by TDA, Inc. and used to determine parking requirements for the hotel. The study was used to determine parking requirements rather than the Code requirement because it was agreed by all parties that it would provide a more accurate, site specific analysis of the parking demand. The study concluded that the peak parking demand for the hotel is in the summer and estimated that .66 spaces per lodge bedroom was sufficient during times of an average 90% occupancy rate. Parking for residential uses, similar to the proposed timeshare use, was also predicted in the report, assuming one space per 2 bedroom unit and two spaces per 3 bedroom unit. The applicant proposes to use those ratios to determine the parking demand for the 25 proposed timeshare units. The reduction of 10.33 spaces with the conversion was calculated as follows: Existing: 78 (net loss of rooms) x .66 x 90% = 46.33 spaces Proposed: 14 2BR units x 1 space = 14 + 11 3BR units x 2 spaces = 22 = 36 spaces Staff feels that existing parking is adequate to meet the demand generated by the hotel with the proposed changes. ACCESSORY USES IN MIXED USE DEVELOPMENT: A GMQS Exemption is requested to allow reconfiguration of the spa, meeting space, business center, and hotel office, which are all considered to be accessory uses of the hotel. There are five criteria for review (found in Exhibit B). The most notable criteria is that the impacts of accessory use on public facilities and affordable housing shall be mitigated by an agreement to provide those facilities. According to the Development Review Committee (DRC) review of the proposal, there will be no adverse impact to any public facility, although additional tap fees may be assessed due to the change in use (which is addressed in a condition of approval). A condition of approval has been added requiring an audit of employees one year after operation to determine exactly how many employees work for the hotel and, therefore, how many employees are required to be mitigated for with regard to affordable ST. REGIS HOTEL STAFF REPORT PAGE 7 housing. If the audit determines that there is no increase in the number of employees over what they have prior to the remodel, then there would be no requirement for additional housing. If the audit determines that there is an increase in the number of employees, then the applicant will be required to mitigate for them. Based on this, staff is comfortable that the affordable housing demand created by this proposal will be adequately addressed. TIMESHARE: The applicant proposes to timeshare 24 of the twenty-five new units into at least 1/111h fractional interests, or Club Interests as the applicant refers to them. With sale of biennial interests (biennial interests give the owner the right to occupy a unit every other year), the fractional interests may be as high as 1/15t1i. As each fractional interest is proposed to be sold in minimum increments of four (with each increment representing seven days) and each unit is divided into 11 different interests, a total of 44 out of the 52 weeks of the year will be sold for each unit. The remaining 8 weeks will be rented out to the general public via walk-in or through the central reservation system. In addition, the Club Interest Owners may rent out a portion or all of their Club Interests to the general public. If the Club Interests are not reserved by owners in a timely manner, the timeshare plan operator is permitted to rent them out (Note: as the application did not specify what "timely manner" meant, the applicant should state for the record at the public hearing, the specific amount of time). The applicant is complying with all of the applicable review criteria for timeshare and is not requesting any variances. This proposal will reduce the number of existing lodge units and bedrooms. One provision of the timeshare ordinance requires that there not be a reduction of the existing lodging inventory, in terms of units and bedrooms. The ordinance goes on further to state that if the applicant is unable to replace the existing number of units and bedrooms, then they must demonstrate how the proposal complies with the purposes of the regulation. The proposed conversion will result in a reduction of the number of units in the St. Regis Hotel, from 257 hotel units to 192 hotel, timeshare, and residential units. In addition, the conversion will reduce the number of bedrooms, from 257 to 248. The applicant contends, however, that the number of "sleeping facilities", which includes bedrooms and sleeper sofas, will be increased with the conversion. The increase in sleeping facilities will be from the existing, 257, to 266 after the conversion. Staff finds that because the drop in number of actual bedrooms is relatively slight, that the applicants proposal to include the sleeper sofas in the overall equation is sufficient to comply with this provision. Furthermore, the other mandatory and optional timeshare requirements are well addressed in the St. Regis facility, including additional spa improvements. SUBDIVISION: Subdivision approval is necessary to approve the creation of separate legal interests so that the timeshare lodge units may be conveyed separately. Given that the subdivision review, in this instance, is related to the creation of the timeshare lodge units and the changes are all interior to the existing building, much of the subdivision review criteria is not applicable. The development does comply with the criteria that is applicable, such as whether the proposed subdivision is consistent with the Aspen Area ST. REGIS HOTEL STAFF REPORT PAGE 8 Community Plan and whether it is consistent with the character of the surrounding area (See full Staff Findings for Subdivision in Exhibit D). DEVELOPMENT REVIEW COMMITTEE (DRC) REFERRAL COMMENTS: The DRC meeting was held on February 19, 2003. The minutes from that meeting are contained in Exhibit G. No significant issues were raised by the DRC. STAFF SUMMARY AND RECOMMENDATION: Staff recommends approval of a PUD Amendment, Growth Management Quota System Exemptions, Timeshare, and Subdivision for the St. Regis Hotel. RECOMMENDED MOTION: "I move to approve Resolution No. ~Q, Series of 2003, for a PUD Amendment, GMQS Exemptions, Timeshare, and Subdivision for the St. Regis Hotel." ATTACHMENTS: Exhibit A: PUD Amendment -Staff Findings Exhibit B: Growth Management Quota System -Staff Findings Exhibit C: Timeshare -Staff Findings Exhibit D: Subdivision -Staff Findings Exhibit E: Housing Authority Memorandum Exhibit F: Letter from Joseph Wells Exhibit G: Development Review Committee (DRC) Minutes Exhibit H: Application ST. REGIS HOTEL STAFF REPORT PAGE 9 <~;.,_:, RESOLUTION N0. (SERIES OF 2003) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT, GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS, TIMESHARE, AND SUBDIVISION FOR THE ST. REGIS HOTEL, CITY OF ASPEN, PITHIN COUNTY, COLORADO. Parcel ID: 2 73 7-1828-5001 WHEREAS, the Community Development Department received an application from the SLT Aspen Dean Street, LLC (Applicant), represented by Gideon Kaufman of Kaufman and Peterson, P.C., requesting a PUD Amendment, Growth Management Quota System Exemptions, Timeshare, and Subdivision to convert 98 existing hotel rooms into 24 timeshare lodge units and one residential unit, to convert a portion of the existing meeting room, hotel office, and accessory space on the Ballroom Level into an approximately 15,300 square foot spa amenity, and to convert the existing spa facility on the Second Level of Building B to relocated hotel offices; and, WHEREAS, the 24 timeshare lodge units are proposed to be sold in a minimum of 1 / 11 t~' fractional interests; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Waste District, City Engineering, Building, Fire, Streets, Parks, Housing, Environmental Health, and Water Departments as a result of the Development Review Committee meeting; and, WHEREAS, the applicant has chosen to consolidate all of the land use approvals, in accordance with Section 26.304.060, so that City Council will be the final reviewing body on all land use requests; and, WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Department recommended approval for the proposed land use requests for the St. Regis Hotel; and, WHEREAS, at its meeting on March 5, 2003, the City of Aspen / Pitkin County Housing Authority forwarded a recommendation of approval to City Council at its meeting to approve the proposed employee mitigation through an audit program; and, WHEREAS, the Planning and Zoning Commission forwarded a recommendation of approval via Resolution No. ~ Series of 2003, by a vote of to (~ - _), to City Council to approve a PUD Amendment, Growth Management Quota System Exemptions, Timeshare, and Subdivision; and, ST. REGIS HOTEL STAFF REPORT PAGE 10 NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO ON THE 18th DAY OF MARCH 2003, THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission recommends approval of the Amendment to the PUD, GMQS Exemptions, Timeshare, and Subdivision, subject to the following conditions: 1. The building permit application shall include: a. A copy of the final Ordinance and recorded P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A traffic management plan that addresses issues such as construction worker parking and hauling routes. 2. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. b. All tap fees, impacts fees, and building permit fees shall be paid. c. A complete set of sprinkler and alarm plans shall be submitted to the Aspen Fire Marshal in order to determine if the fire sprinkler system and alarm system is adequate. d. The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed. All sanitation-related improvements below grade shall require the use of a pumping station. The conversion from lodge units may result in additional tap fees due to the additional kitchens and other sources of wastewater. e. The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Based on the sprinkler requirements of the Fire Department, a new and larger water tap may be needed. An additional tap fee may be assessed due to the change in use. £ The applicant shall consult the Colorado Revised Statutes (CRS) to determine the required number of type A and type B units as it pertains to food/beverage service areas. American With Disabilities Act (ADA) Accessibility shall be provided to all timeshare units and to the juice bar and spa. A Temporary Certificate of Occupancy (TCO) may be issued subject to safety and Fire Department concerns being addressed to the satisfaction of the Fire Marshal and the Aspen Building Department. g. The applicant shall be subject to the soon to be adopted International Fire Code. The applicant shall submit a complete set of fire sprinkler and alarm plans to the ST. REGIS HOTEL STAFF REPORT PAGE 1 1 Fire Department, Water Department and Sanitation District prior to sign-off of building permit. In addition, the applicant shall comply with new regulations requiring sprinkler heads that provide a larger flow that may impact the plumbing design, the size of the water tap, and water service fees. h. At the time of building permit, Environmental Health shall review the plans for the juice bar set-up and operations. 3. Per the Aspen Pitlcin County Housing Authority Board approval of the application on March 5, 2003, the applicant shall conduct an audit immediately after one full fiscal year following the issuance of a certificate of occupancy for the proposed new spa facility, hotel rooms, timeshare units, and residence under the following terms: a. The applicant shall retain an auditor and shall gain prior approval from the Housing Office Operations Manager for the selection of the auditor. b. The applicant shall be fully responsible for all fees associated with retaining an auditor. 3. Should the housing audit show an increase in the number of employees, the applicant shall return to the Housing Authority under the following terms: a. The applicant shall provide deed restricted, affordable housing for any additional employees of the new facilities. b. The applicant shall abide by the Aspen/Pitkin County Affordable Housing Guidelines in effect at the time of the audit. 5. Final Condominium Declarations shall be submitted to the City concurrent with the submission of the Condominium Subdivision Plat and shall include the following language regarding timeshare: a. Timeshare estates shall be made available for short-term rental when the estate is not in use by the owner of the unit, the owner's guests, or persons occupying the unit under an exchange program. Units that are available for rental shall be listed at competitive rates in a central reservation system. b. The covenants of the homeowners association shall permit walk-in rental of units. The association shall not limit rental of units to such arrangements as only weekly rentals or Saturday-to-Saturday rentals; instead the association shall permit shorter stays, split-week rentals, and similar flexible arrangements. c. Owners of timeshare estates shall be required to reserve their unit/time sufficiently far enough in advance to enable the public to obtain access to those units that are not so reserved. d. The owner of a timeshare estate shall not be permitted to occupy that estate for any period in excess of thirty (30) consecutive calendar days. e. The owner of a timeshare estate shall be prohibited from storing a vehicle in a parking space on-site when the owner is not using that estate. ST. REGIS HOTEL STAFF REPORT PAGE 12 6. The timeshare lodge units that remain in the developer's inventory shall be made available for rental to the public while the estates are being sold, except for models and other units that are needed for marketing or promotional purposes. 7. The Applicant shall pay the City of Aspen school land dedication fees for the additional residential unit. These fees shall be due and payable at the time of issuance of a building permit for the development. 8. A PUD Agreement and Amended PUD Plan shall be recorded within 180 days of the final approval by City Council and shall include the information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). 9. The applicant shall file a Notice of PUD in the Clerk and Recorders office of Pitkin County subsequent to receipt of a development order, or prior to issuance of a building permit. Section 2• All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3• This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4• 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 Commission at its regular meeting on March 18, 2003. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: __ City Attorney Jasmine Tygre, Chair ST. REGIS HOTEL STAFF REPORT PAGE 13 °« ATTEST: Jackie Lothian, Deputy City Clerk ST. REGIS HOTEL STAFF REPORT PAGE 14 F+ XHIBIT L~ PLANNED UNIT DEVELOPMENT (PUD) FINDINGS Planned Unit Development. A development application for PUD shall comply with the following standards and requirements: A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. STAFF FINDING: DOES IT COMPLY? I YES The proposal complies with the applicable aspects of the AACP, specifically with regard to creating a sustainable economy. The conversion of a portion of the St. Regis hotel units into timeshare units, the expansion of the spa, and the construction of the additional hotel units that were originally approved will make the project more attractive to visitors and therefore increase the number of visitors to the property. With increased visitors, especially during the off-season, the City will receive additional revenue, which will contribute to sustaining and increasing the local economy. This type of land use is consistent with the AACP in locating tourist accommodations close to the ski area and close to the commercial core. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. STAFF FINDING: DOES IT COMPLY? YES The proposed timeshare use is consistent with surrounding tourist oriented accommodations and proposed timeshare projects in close vicinity. 3. The proposed development shall not adversely affect the future development of the surrounding area. STAFF FINDING: DOES IT COMPLY? YES Since all proposed changes are interior, the proposed development will not adversely affect the future development of the surrounding area 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. STAFF FINDING: DOES IT COMPLY? YES All of the requested land use approvals are eligible for GMQS exemptions. B. Establishment of Dimensional Requirements: ST. REGIS HOTEL STAFF REPORT PAGE 15 ..,, ~ ~. The PUD development plans shall establish the dimensional requirements for all properties within the PUD. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. The proposed dimensional requirements are listed below: STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE No exterior changes are proposed, therefore no changes to dimensional standards. 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural or man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE No exterior changes are proposed. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE No exterior changes are proposed. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed. c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the city. STAFF FINDING: DOES IT COMPLY? YES ST. REGIS HOTEL STAFF REPORT PAGE 16 ,. , o ~~. Staff finds that the proposed off-street parking is adequate given the number of spaces provided compared to the number of units and the proximity of the building to mass transit and the downtown core. In addition, many guests arrive to the hotel, especially in the winter, without vehicles and use the buses, taxis, or walk to get around. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD maybe reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE The density, in terms of how the Land Use Code is concerned, is being increased by one residential unit. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE The density, in terms of the Land Use Code, is being increased by one residential unit. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: ST. REGIS HOTEL STAFF REPORT PAGE 17 a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE The density, in terms of how the Land Use Code is concerned, is being increased by one residential unit, but not beyond the maximum allowable density. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. 5. Adequate pedestrian and handicapped access is provided. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE When the hotel was originally approved as a PUD, it was deemed to comply with all of the above provisions. Since no exterior changes are proposed, staff finds the project to still be in compliance with the above provisions. C. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing ST. REGIS HOTEL STAFF REPORT PAGE 18 h>,., .. and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE When the hotel was originally approved as a PUD, it was deemed to comply with all of the above provisions. Since no exterior changes are proposed, staff finds the project to still be in compliance with the above provisions. D. Architectural Character. It is the purpose of this standard to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan an architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 1. Be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems. 3. Accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE When the hotel was originally approved as a PUD, it was deemed to comply with all of the above provisions. Since no exterior changes are proposed, staff finds the project to still be in compliance with the above provisions. E. Lighting. ST. REGIS HOTEL STAFF REPORT PAGE 19 The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE When the hotel was originally approved as a PUD, it was deemed to comply with all of the above provisions. Since no exterior changes are proposed, staff finds the project to still be in compliance with the above provisions. F. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE When the hotel was originally approved as a PUD, it was deemed to comply with all of the above provisions. Since no exterior changes are proposed, staff finds the project to still be in compliance with the above provisions. G. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: ST. REGIS HOTEL STAFF REPORT PAGE 20 k.;,. 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE When the hotel was originally approved as a PUD, it was deemed to comply with all of the above provisions. Since no exterior changes are proposed, staff finds the project to still be in compliance with the above provisions. H. Access and Circulation. The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way,. or other area dedicated to public or private use. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE No changes are proposed to exterior access and circulation of the building. At the time the hotel was approved, it was deemed to be in compliance with the criteria. I. Phasing of Development Plan. The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees-in-lieu, construction of any ST. REGIS HOTEL STAFF REPORT PAGE 21 _~~ ,.,. ,~~ facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE When the hotel was originally approved as a PUD, it was deemed to comply with all of the above provisions. Since no exterior changes are proposed, staff finds the project to still be in compliance with the above provisions. ST. REGIS HOTEL STAFF REPORT PAGE 22 ,, EXHIBIT B GROWTH MANAGEMENT QUOTA SYSTEM Section 26.470.070.A. of the Land Use Code regarding remodeling, restoration or reconstruction of existing commercial, lodge or multi-family buildings, requires that the following criteria be met for an exemption: A. The remodeling, restoration or reconstruction of an existing lodge or multi-family building shall be exempt from the growth management competition and scoring procedures, provided that it does not create additional dwelling, hotel or lodge units or involve a change of use. STAFF FINDING: DOES IT COMPLY? YES The applicant proposes converting 98 existing hotel rooms into 24 timeshare lodge units and one residential unit. The conversion to the timeshare lodge units is exempt from GMQS because it does not create additional units and does not involve a change of use (both hotel and timeshare are considered to be tourist accommodations in the Code). The exemption for the one residential unit is addressed below. Section 26.470.070.A. of the Land Use Code re ag rdin~ Change in use requires that the following criteria be met for an exemption: A. A minimal number of additional employees will be generated by the change in use and that employee housing will be provided for the additional employees generated; STAFF FINDING: DOES IT COMPLY? YES A condition of approval has been added requiring an audit of the hotel one year after a certificate of occupancy for the changes to the hotel. The applicant feels that there will be a net loss of employees with the proposal. If the audit determines an increase, then the applicant will be required to provide affordable housing. B. A minimal amount of additional parking spaces will be demanded by the change in use and that parking will be provided; STAFF FINDING: DOES IT COMPLY? YES The parking requirement is reduced with the proposed conversion of units and the addition of the spa. C. There will be minimal visual impact on the neighborhood from the change in use; STAFF FINDING: DOES IT COMPLY? YES Since there are no plans to alter the exterior of the building, nor expand the footprint, there will be no additional visual impact from the change in use. D. Minimal demand will be placed on the City's public facilities from the change in use; ST. REGIS HOTEL STAFF REPORT PAGE 23 .:. ,>~- STAFF FINDING: DOES IT COMPLY? YES According to responses from the Development Review Committee review of the proposal, there will be increased demand from the conversion from hotel units to timeshare, but no upgrades of public infrastructure are required to accommodate it. E. No zone change is required; STAFF FINDING: DOES IT COMPLY? YES No zone change is required. F. No more than one residential unit will be created; and STAFF FINDING: DOES IT COMPLY? YES Only one residential unit will be created. G. The proposed use is consistent in all respects with the AACP. STAFF FINDING: DOES IT COMPLY? YES The proposed use is consistent in all respects with the AACP. Section 26.470.070.A. of the Land Use Code re ag riling Accessory uses in mixed use development. requires that the following criteria be met for an exemption: A. The proposed development consists of a building or buildings designed as an integrated whole that contains uses requiring the submission of development applications for an allotment in more than one of the categories of Section 26.470.040. STAFF FINDING: DOES IT COMPLY? YES The project complies with the above criteria. B. There is one use of the property that is the principal use and any other uses are accessory to, in support of and necessary for the principal use. STAFF FINDING: DOES IT COMPLY? YES The principal use is the hotel and the spa, retail, meeting space, offices, etc. are all accessory uses to the hotel. C. In conjunction with the application for exemption, an application is submitted pursuant to Section 26.470.080 that receives a development allotment for the principal use. ST. REGIS HOTEL STAFF REPORT PAGE 24 ~,, STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE The principal use is already constructed with development allotments received at the time. D. The impacts of the accessory use on public facilities and affordable housing are mitigated by an agreement to provide the necessary public facilities and affordable housing at a level that would meet the threshold required in Section 26.470.080(C)(5) for the accessory use. STAFF FINDING: DOES IT COMPLY? YES A condition of approval has been added requiring an audit of the hotel one year after a certificate of occupancy for the changes to the hotel. The applicant feels that there will be a net loss of employees with the proposal. If the audit determines an increase, then the applicant will be required to provide affordable housing. No adverse impacts on ublic facilities are antici ated, so no agreement is necessary. E. The site design and architecture of the accessory use is evaluated in conjunction with the review of the development application for the principal use pursuant to Section 26.470.080. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE There are no changes proposed to the site design nor the architecture. Also the principal use is already constructed, so there is no need for development application for it. ST. REGIS HOTEL STAFF REPORT PAGE 25 ~~. EXHIBIT C TIMESHARE FINDINGS A. Mandatory Physical Elements. 1. All timeshare lodge developments shall have a staffed on-site front desk, located within a lobby that is sized to meet the needs of the project. If the timeshare lodge is part of a multi-site development, there may be a single front desk for these sites. The staffed front desk shall be open at least during regular business hours, and shall be managed to provide full-time registration and reservation services, including provision for late check-in and for other off-hours guest needs. The front desk shall accommodate walk-in rentals. STAFF FINDING: I DOES IT COMPLY? I YES There will be a common front desk for the timeshare lodge and hotel guests, which will accommodate walk-in rentals at any time. Additionally, there will be a concierge staff dedicated to the timeshare units. St. Regis will manage the reservation system. 2. A timeshare lodge development shall contain a sufficient level of recreational facilities (such as exercise equipment, a pool or spa, or similar facilities) and other amenities (such as a lobby, meeting spaces, and similar facilities) to serve the occupants, including facilities that can be used in the winter and the summer seasons. The extent of the facilities provided should be proportional to the size of the timeshare lodge development. The types of facilities should be consistent with the planned method and style of operating the development. STAFF FINDING: DOES IT COMPLY? YES Timeshare owners will have access to the pool, hot tubs, exercise facility, as well as the proposed expanded spa. In addition, each unit will contain steam showers, hot tubs and an audio and video system as well as complete furnishings. 3. A timeshare lodge in the Commercial Core (CC) zone district shall not have any lodge rooms located on the ground floor. Instead, a timeshare lodge in the CC zone district shall contain at least one of the following elements: a bar, restaurant, or retail facilities. The element(s) provided shall be located along the street front, shall be accessible from the street, and shall be designed to serve the public, not just the occupants of the timeshare lodge. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE The proposed timeshare project is not located in the CC zone district. B. Mandatory Operational Practices. The City wants to ensure that the units in a timeshare lodge development are available for rental to the public when they are not being occupied by the owner, the owner's guests, or persons occupying the unit ST. REGIS HOTEL STAFF REPORT PAGE 2E> under an exchange program. The City has identified certain operational practices that will accomplish this intent, which are listed in this section. An applicant who agrees to include all of the practices listed below in the operation of the timeshare development shall be deemed to have complied with the requirements of this sub- section Band need not address any of the optional operational practices of sub- section C. The City recognizes, however, that there may be other ways to comply with this intent, and will consider these and other operational practices. Applicants may propose to substitute one or more of the optional practices listed in Section C., below, for one or more of the mandatory practices listed in this Section B. Applicants may also propose other operational practices not listed in Section C. as a means of demonstrating compliance with this standard. Acceptance of the proposed optional practices as a substitute for one or more of the mandatory practices shall be at the sole discretion of the City Council. 1. Timeshare estates shall be made available for short-term rental when the estate is not in use by the owner of the unit, the owner's guests, or persons occupying the unit under an exchange program. Units that are available for rental shall be listed at competitive rates in a central reservation system. Listing of the unit with a recognized central reservation system in Aspen, or through the central reservation system of the company that will manage the timeshare development, is preferred. STAFF FINDING: DOES IT COMPLY? YES The St. Regis Residence Club will permit owners to rent all or a part of their Club interest and will make their central reservation system available to its owners as part of a rental program. The Developer will also use a variety of marketing programs, which will result in occupancy of unsold Developer inventory by the public on a short term basis. 2. The covenants of the homeowners association shall permit walk-in rental of units. The association shall not limit rental of units to such arrangements as only weekly rentals or Saturday-to-Saturday rentals; instead the association shall permit shorter stays, split-week rentals, and similar flexible arrangements. STAFF FINDING: DOES IT COMPLY? YES The covenants of the Condominium Association will permit daily and walk in rental of the available Club Units. 3. Owners of timeshare estates shall be required to reserve their unit/time sufficiently far enough in advance to enable the public to obtain access to those units that are not so reserved. ST. REGIS HOTEL STAFF REPORT PAGE 27 ~~,~~, .,~,;~ ., STAFF FINDING: I DOES IT COMPLY? YES A specific timeframe was not given by the applicant, but they did state that they will require owners to secure or confirm a reservation of a Club Unit within certain established time periods and that the timeshare plan operator may rent out Club units that are not reserved as required under the Plan. 4. The owner of a timeshare estate shall not be permitted to occupy that estate for any period in excess of thirty (30) consecutive calendar days. STAFF FINDING: DOES IT COMPLY? YES An owner will not be permitted to occupy the unit for more than 28 consecutive calendar days. 5. The units that remain in the developer's inventory shall be made available for rental to the public while the estates are being sold, except for models and other units that are needed for marketing or promotional purposes. STAFF FINDING: DOES IT COMPLY? YES The Developer will also use a variety of marketing programs, which will result in occupancy of unsold Developer inventory by the public on a short term basis while the units are being sold. C Optional Operational Features. 1. Timeshare lodge developments that subdivide each unit into a larger number of estates (more than 10 estates per unit) are preferred to those which subdivide each unit into a smaller number of estates (less than 10 estates per unit). STAFF FINDING: DOES IT COMPLY? YES The applicant proposes a minimum of 11 Club interests, or estates 2. Applicants may formulate their timeshare use plan such that the purchaser would not expect to occupy the same unit each visit; instead the purchaser would purchase the right to occupy a certain type of unit for a certain period of time. Applicants may also include provisions in the homeowners association documents prohibiting owners from personalizing the unit they have purchased. STAFF FINDING: DOES IT COMPLY? YES Both floating and fixed unit rights will be available. The Condominium Association will prohibit any owner of a Club Interest from using their unit as a permanent residence or permanently altering the furnishings or interior of a Club Unit. 3. Applicants may design their development as a mixed project, which includes not only timeshare units, but also some units that would continue to be owned and operated by the applicant and his successors or assigns as traditional lodge units. ST. REGIS HOTEL STAFF REPORT PAGE 28 =~ .~.. Another type of use plan that is encouraged would be for the applicant to agree not to sell all of the shares in every unit, but to instead keep some time reserved for rental to the public at market rates during both the high seasons and the off-seasons. STAFF FINDING: DOES IT COMPLY? YES The property will be operated as both the St. Regis Hotel and the St. Regis Residence Club. Eight weeks within each Club Unit will not be conveyed as part of a Club Interest and will therefore be available as part of a rental program. 4. Applicants may decide to sell on and off-season estates as a package. STAFF FINDING: DOES IT COMPLY? YES Each Club Interest will contain a combination of winter, summer and spring/fall season use rights. 5. Applicants may include in their use plan provisions that allow for a wide range of exchange opportunities for owners, which will promote new Aspen trials. STAFF FINDING: DOES IT COMPLY? YES It is expected that an internal exchange program operated by Starwood, or its affiliate, will be created for its St. Regis Residence Club Project, including the Aspen St. Regis Residence Club. 26.590.070 Review Standards for Timeshare Lodge Development. An applicant for timeshare lodge development shall demonstrate compliance with each of the following standards, as applicable to the proposed development. These standards are in addition to those standards applicable to the review of the PUD and Subdivision applications. A. Fiscal Impact Analysis and Mitigation. Any applicant proposing to convert an existing lodge to a timeshare lodge development shall be required to demonstrate that the proposed conversion will not have a negative tax consequence for the City. In order to demonstrate the tax consequences of the proposed conversion, the applicant shall prepare a detailed fiscal impact study as part of the final PUD application. The fiscal impact study shall contain at least the following comparisons between the existing lodge operation and the proposed timeshare lodge development: 1. A summary of the sales taxes paid to the City for rental of lodge rooms during the prior five years of its operation. If the lodge has stopped renting rooms prior to the time of submission of the application, then the summary shall reflect the final five years the lodge was in operation. The summary of past taxes paid shall be compared to a projection of the sales taxes the proposed timeshare lodge development will pay to the City over the first five years of its operation. As part ST. REGIS HOTEL STAFF REPORT PAGE 29 of this projection, the applicant shall specify the number of nights the applicant anticipates each timeshare lodge unit will be available for daily rental to visitors (that is, the annual number of nights when the unit will not be occupied by the owner or the owner's guests), the expected visitor occupancy rate for these units, the expected average daily cost to rent the unit, and the resulting amount of sales tax that will be paid to the City. STAFF FINDING: DOES IT COMPLY? The requested information has been provided by the applicant and the information is under study by the City of Aspen Finance Department for Council decision. 2. An estimation of the real estate transfer taxes that would be paid to the City if the existing lodge were to be sold. If an actual sale of the property has occurred within the last 12 months, then the real estate taxes paid for that sale shall be used. This estimation shall be compared to a projection of the real estate transfer taxes the proposed timeshare lodge development will pay to the City over the first five years of its operation. This projection shall include a statement of the expected sales prices for the timeshare estates, and the applicable tax rate that will be applied to each sale. STAFF FINDING: DOES IT COMPLY? YES The requested information has been provided by the applicant and the information is under study by the City of Aspen Finance Department. 3. A summary of the City-portion of the property taxes paid for the lodge for the prior five years of its operation, and a projection of the property taxes the proposed timeshare lodge development will pay to the City over the first five years of its operation. This projection shall include a statement of the expected value that will be assigned to the property by the Tax Assessor, and the applicable tax rate. The fiscal impact study may also contain such other information that the applicant believes is relevant to understanding the tax consequences of the proposed development. For example, the applicant may provide information demonstrating there will be "secondary", or "indirect" tax benefits to the City from the occupancy of the timeshare units, in terms of increased retail sales and other economic activity in the community as compared to the existing lodge development. The applicant shall be expected to prove definitively why the timeshare units would cause such economic advantages that would not be achieved by a traditional lodge development. Any such additional information provided shall compare the taxes paid during the prior five years of the lodge's operation to the first five years of the proposed timeshare lodge's operation. If the fiscal impact study demonstrates there will be an annual tax loss to the City from the conversion of an existing lodge to a timeshare lodge, then the applicant ST. REGIS HOTEL STAFF REPORT PAGE 30 ~, shall be required to propose a mitigation program that resolves the problem, to the satisfaction of the Aspen City Council. The accepted mitigation program shall be documented in the PUD Agreement for the project that is entered into between the applicant and the Aspen City Council. STAFF FINDING: DOES IT COMPLY? The requested information has been provided by the applicant and the information is still under study by the City of Aspen Finance Department. Final determination of whether mitigation is necessary will be made prior to City Council review. B. Upgrading ~f Existing Projects. Any existing project that is proposed to be converted to a timeshare lodge development shall be physically upgraded and modernized. The extent of the upgrading that is to be accomplished shall be determined as part of the PUD review, considering the condition of the existing facilities, with the intent being to make the development compatible in character with surrounding properties and to extend the useful life of the building. 1. To the extent that it would be practical and reasonable, existing structures shall be brought into compliance with the City's adopted fire, health, and building codes. STAFF FINDING: DOES IT COMPLY? YES The applicant is unaware of any existing deficiencies, however, if any are brought to light, the applicant states that they will be brought into compliance. 2. No sale of any interest in a timeshare lodge development shall be closed until a certificate of occupancy has been issued for the upgrading. STAFF FINDING: DOES IT COMPLY? YES The applicant acknowledges that no sale of any interest will be closed until a certificate of occupancy has been issued for the upgrading. C'. Preservation of Existing Lodging Inventory. An express purpose of these regulations is to preserve and enhance Aspen's existing lodging inventory. Therefore, any proposal to convert an existing lodge or other property that provides short term accommodations to a timeshare lodge should, at a minimum, replace the existing number of units on the property in the planned timeshare lodge. If the applicant is unable to replace the existing number of units, then the timeshare lodge development shall replace the existing number of bedrooms on the property, or the applicant shall demonstrate how the proposal complies with the purposes of these regulations, even though the planned timeshare lodge will not replace either the existing number of units or bedrooms. ST. REGIS HOTEL STAFF REPORT PAGE 3 I ~;:~- STAFF FINDING: I DOES IT COMPLY? I YES The proposed conversion will result in a reduction of the number of units in the St. Regis Hotel, from 257 hotel units to 192 hotel, timeshare, and residential units. In addition, the conversion will reduce the number of bedrooms, from 257 to 248. The applicant contends, however, that the number of "sleeping facilities", which includes bedrooms and sleeper sofas, will be increased with the conversion. The increase in sleeping facilities will be from the existing, 257, to 266 after the conversion. Staff finds that because the drop in number of actual bedrooms is relatively slight, that the applicants proposal to include the sleeper sofas in the overall equation is sufficient to comply with this provision. D. Affordable Housing Requirements. 1. Whenever a timeshare lodge development is required to provide affordable housing, mitigation for the development shall be calculated by applying the standards of the City's housing designee for lodge uses. The affordable housing requirement shall be calculated based on the maximum number of proposed lock out rooms in the development, and shall also take into account any retail, restaurant, conference, or other functions proposed in the lodge. STAFF FINDING: I DOES IT COMPLY? I YES With the overall reduction in the number of lodging units from the existing 257 down to the proposed 187, the applicant contends that there will be a reduction in the number of employees generated. A condition of approval has been added, however, requiring an audit of the hotel one year after a certificate of occupancy for the changes to the hotel. If the audit determines an increase in employees over what they currently mitigate, then the applicant will be required to provide affordable housing. There is no change proposed to the existing retail and restaurant and bar space, so there is no increase in their affordable housing requirement. 2. The conversion of any multi-family dwelling unit that meets the definition of residential multi-family housing to timesharing shall comply with the provisions of Chapter 26.530, Resident Multi-Family Replacement Program, even when there is no demolition of the existing multi-family dwelling unit. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE There are no multi-family dwelling units in the hotel, so this provision is not applicable. E. Parking Requirements. 1. The parking requirement for timeshare lodge development shall be calculated by applying the parking standard for the underlying zone district for lodge uses. The parking requirement shall be calculated based on the maximum number of proposed lock out rooms in the development. ST. REGIS HOTEL STAFF REPORT PAGE 32 Yn~~~ ~ ~- STAFF FINDING: DOES IT COMPLY? YES The existing amount of parking provided is adequate to meet the demand, which is actually reduced with the proposal due to the reduction in the number of overall units. 2. The timeshare lodge development shall also provide an appropriate level of guest transportation services, such as vans or other shuttle vehicles, to offer an alternative to having owners and guests using their own vehicles in Aspen. STAFF FINDING: DOES IT COMPLY? YES The hotel provides vans and shuttle vehicles as an transportation alternative for their guests. 3. The owner of a timeshare estate shall be prohibited from storing a vehicle in a parking space on-site when the owner is not using that estate. STAFF FINDING: DOES IT COMPLY? YES The applicant did not address this provision in the application. A condition of approval will be added prohibiting an owner from storing a vehicle in a parking space when not using the estate. F. Appropriateness of Marketing and Sales Practices. The marketing and sale of timeshare estates shall be governed by the real estate laws set forth in Title 12, Article 61, C.R.S., as may be amended from time to time. The applicant and licensed marketing entity shall present to the City a plan for marketing the timeshare development. The following marketing and sales practices for a timeshare development shall not be permitted: a. The solicitation of prospective purchasers of timeshare units on any street, mall, or other public property or facility; and b. Any unethical sales and marketing practices which would tend to mislead potential purchasers. 2. Giving of gifts to encourage potential purchasers to attend a sales presentation or to visit a timeshare development is permitted, provided the gift reflects the local Aspen economy. For example, gifts for travel to or accommodations in Aspen, restaurants in Aspen, and local attractions (ski passes, concert tickets, rafting trips, etc.) are permitted. Gifts that have no relationship to the local Aspen economy are not permitted. The following gifts are also not permitted: a. Any gift for which an accurate description is not given; ST. REGIS HOTEL STAFF REPORT PAGE 33 ~~ k ,~ ~~~ b. Any gift package for which notice is not given to the prospective purchaser that the purchaser will be required to attend a sales presentation as a condition of receiving the gifts; and c. Any gift package for which the printed announcement of the requirement to attend a sales presentation is in smaller type face than the information on the gift being offered. STAFF FINDING: DOES IT COMPLY? YES The applicant has committed to not engage in any of the above, prohibited marketing practices. G. Adequacy of Maintenance and Management Plan. The applicant shall provide documentation and guarantees that the timeshare lodge development will be appropriately managed and maintained in an manner that will be both stable and continuous. This shall include an identification of when and how maintenance will be provided, and shall also address the following requirements: 1. A fair procedure shall be established for the estate owners to review and approve any fee increases which may be made throughout the life of the timeshare development, to provide assurance and protection to timeshare owners that management/assessment fees will be applied and used appropriately. 2. The applicant shall also demonstrate that there will be a reserve fund to ensure that the proposed timeshare development will be properly maintained throughout its lifetime. STAFF FINDING: I DOES IT COMPLY? I YES The management contract between the Association and the Manager will require that the project be maintained at a level sufficient to ensure compliance with St. Regis brand standards. The documents creating the Association will require preparation of an annual budget and will require the establishment of a reserve fund. The Association will be required to comply with the annual budget notice requirement of the Colorado Real Estate Commission and the Colorado statutes. H. Compliance with State Statutes. The applicant shall demonstrate that the proposed timeshare lodge development will comply with all applicable requirements of Title 12, Article 61, C.R.S.; Title 38, Article 33, C.R.S.; and Title 38, Article 33.3, C.R.S.; including the requirements concerning the five (5) day period for rescission of a sales contract, and the procedures for holding deposits or down payments in escrow. ST. REGIS HOTEL STAFF REPORT PAGE 34 ..rte ~~ STAFF FINDING: DOES IT COMPLY? YES The applicant shall comply with all applicable requirements of Title 12, Article 61, C.R.S.; Title 38, Article 33, C.R.S.; and Title 38, Article 33.3, C.R.S.; I. Approval By Condominium Owners. If the development that is proposed to be timeshared is a condominium, the applicant shall submit written proof that the condominium declaration allows timesharing, that one hundred (100) percent of the owners of the condominium units have approved the timeshare development, including any improvements to the common elements that the applicant may propose, that all mortgagees of the condominium have approved the proposed timeshare development, and that all condominium units in the timeshare development will be included in the same sales and marketing program. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE The existing project is not currently a condominium. J. Prohibited Practices and Uses. Without in any way limiting any requirement contained in this Chapter, it is unlawful for any person to knowingly engage in any of the following practices: 1. The creation, operation or sale of a right-to-use interest or any other timeshare concept which is not specifically allowed and approved pursuant to the requirements of this section. Right-to-use timeshare concepts (e.g. lease-holds and vacation clubs) are considered inappropriate in Aspen and are not permitted. 2. Misrepresentation of the facts contained in any application for timeshare approval, timeshare development instruments, or disclosure statement. 3. Failure to comply with any representations contained in any application for timesharing or misrepresenting the substance of any such application to another who may be a prospective purchaser of a timeshare interest. 4. Manage, operate, use, offer for sale or sell a timeshare estate or interest therein in violation of any requirement of this Chapter or any approval granted pursuant hereto, or cause or aid and abet another to violate any requirement of this Chapter, or an approval granted pursuant to this Chapter. STAFF FINDING: DOES IT COMPLY? YES The applicant commits to not engaging in any marketing practice which are prohibited above, or by local or State regulations. 26.590.080 Business License and Sales Tax Payments. ST. REGIS HOTEL STAFF REPORT PAGE 35 :~ A. Business License. It shall be unlawful for any timeshare development to operate in the City of Aspen without first obtaining a business license in accordance with the standard procedures of the City of Aspen. STAFF FINDING: DOES IT COMPLY? YES The applicant presently has a current business license. B. Sales Tax Payments. Occupancy of any timeshare unit by anyone who pays a rental fee for the use of the unit (other than the owner thereof) shall be subject to the City's sales tax the same as if such occupancy were of a hotel or lodge unit. Any timeshare development, as a condition of its approval, shall be required to obtain an Aspen Sales Tax/Lodging Tax License, which shall establish how this tax shall be collected and paid to the City. The manager of the association shall be responsible for the timely collection of the City sales tax for the City of Aspen for rentals made through the association or a reservation system. The manager shall notify individual estate owners that they are responsible for the payment of sales tax to the City for units rented on a private basis. STAFF FINDING: DOES IT COMPLY? YES The applicant commits to complying with the above procedures. ST. REGIS HOTEL STAFF REPORT PAGE 36 ~. EXHIBIT D SUBDIVISION -STAFF FINDINGS The Definitions section (26.104.100) of the Land Use Code explains that subdivision approval is required whenever leasehold interests will be transferred. Section 26.480.050 states that a development application for subdivision review shall comply with the following standards and requirements: A. General Requirements. a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan (AACP). STAFF FINDING: I DOES IT COMPLY? YES The proposal complies with the applicable aspects of the AACP, specifically with regard to creating a sustainable economy. The conversion of a portion of the St. Regis hotel units into timeshare units, the expansion of the spa, and the construction of the additional hotel units that were originally approved will making the project more attractive to visitors and therefore contribute to sustaining and increasing the local economy. b. The proposed subdivision shall be consistent with the character of existing land uses in the area. STAFF FINDING: I DOES IT COMPLY? YES The primary uses of the property -hotel units and timeshare lodge units are all consistent with the same uses that are currently found in surrounding area, or will be uses that will be part of soon to be constructed projects in the neighborhood (Aspen Grand Hotel). c. The proposed subdivision shall not adversely affect the future development of surrounding areas. STAFF FINDING: DOES IT COMPLY? YES The proposed subdivision will not adversely affect the future development of surrounding areas, as this subdivision only involves interior remodel. d. The proposed subdivision shall be in compliance with all applicable requirements of this Title. STAFF FINDING: DOES IT COMPLY? YES All applicable requirements, including with the zoning requirements of the L/TR zone district, are being met. B. Suitability of Land for Subdivision. ST. REGIS HOTEL STAFF REPORT PAGE 37 ~,:, a. Land Suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE No exterior changes are proposed with the remodel and there will be no increase to the existing building footprint. b. Spatial Pattern Efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE No exterior changes are proposed with the remodel and there will be no increase to the existing building footprint. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the community. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE No variations are proposed to the standards. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. STAFF FINDING: DOES IT COMPLY? NOT APPLICABLE No variations are proposed to the standards. D. Affordable Housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. ST. REGIS HOTEL STAFF REPORT PAGE 38 STAFF FINDING: I DOES IT COMPLY? I NOT APPLICABLE /YES The standards of Chapter 26.520, Replacement Housing Program, are not applicable because there is no replacement housing involved. With the conversion of a portion of the hotel rooms to timeshare and the expansion of the spa, the project is reducing their employee generation, so no additional affordable housing mitigation is E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. Applicability. School land dedication standards shall be assessed upon all new subdivisions within the City of Aspen which contain residential units. An applicant may make a cash payment in-lieu of dedicating land to the City, or may make a cash payment in combination with a land dedication, to comply with the standards of this Section. This section of the subdivision regulations requires the dedication of land or the payment of an in-lieu fee for each new residential unit in a subdivision. STAFF FINDING: DOES IT COMPLY? YES Compliance with the School Land Dedication Standards will be required for the one residential dwelling unit proposed. The applicant will pay cash in lieu of a land dedication and will be required to make the payment at time of building permit. ST. REGIS HOTEL STAFF REPORT PAGE 39 ExHIBIT E HOUSING AUTHORITY MEMORANDUM MEMORAN~~,.. TO: Scott Woodford, Community Development Department FROM: Aspen/Pitkin County Housing Authority DATE: 6 March 2003 RE: St. Regis Hotel, Aspen Mountain Subdivision PUD Redevelopment/Amendment ISSUES: The applicant is proposing to convert lodge units into fractional timeshare units; remove existing meeting rooms and relocate existing office space thereby allowing for a new full-service spa facility in their place; construct 20 new hotel rooms in a currently unoccupied building; and build a new residential unit within the main building. The proposal calls for converting 98 existing lodge units into 25 residential timeshare units. The applicant is also proposing to install a new spa facility of 15,300 square feet consisting of 3 fitness centers; 8 treatment rooms; 8 spa/facial/therapy rooms; 4 waiting lounges; a salon; a boutique; a reception area; separate men's and women's changing areas both with a private steam, sauna, cold plunge and Jacuzzi; and several staff/attendant/reservation stations located on-site. The project consists of the six-story St. Regis Hotel with a total floor affected area of 97,310 square feet. The applicant states that no expansion of the property is proposed, and that all proposed remodels are limited to the area contained within the existing hotel structure. The proposal calls for 5,165 square feet of office space to be relocated to the existing 4,800 square foot spa facility on the second level of Building B. The new spa facility will be located in the vacated office and meeting room space. The timeshare lodges and residence will be situated among the 2"d through the 6~' floors in place of existing lodge units. The new lodge units will be placed in the Blue Spruce Building that is currently unoccupied. BACKGROUND: The site is located at the base of Aspen Mountain. Stanwood Hotels and Resorts is the owner of the Hotel property. The original owner, John H. Roberts Jr. submitted the Aspen Mountain PUD and Subdivision in 1983. The City Council granted final approval of the PUD in 1985. In 1987, Savanah Limited Partnerships purchased Lots 1 through 5 comprising the Aspen Mountain PUD and submitted First Amended in 1988. an Amended PUD/Subdivision. The City Council approved the and Restated Planned Unit Development/Subdivision Agreement Later amendments followed in 1990 such that the development approvals of 1985 differ from subsequent amendments and the actual construction configuration of the hotel first named the Ritz-Carlton. The City of Aspen approved a total of 329 lodge units for the Hotel. Hotel construction came to completion at the close of 1992. Twenty of twenty-two lodge units that were approved for the Blue Spruce Building, but never constructed, are proposed to be completed as a part of this proposal. The original PUD Agreement was credited with 182 employees housed in the Alpina Haus, the Copper Horse Lodge, Ute City, and Hunter Longhouse. This agreement was required to house 60% of the net new employees. Additionally, because of the demolition of existing residential structures on the site, a housing replacement of 30 employees was required. These requirements resulted in 161.5 employees that are to be provided with affordable housing and 29 employees that are to be housed from the demolition of the existing residential units, as proposed the PUD. According to the applicant, the then owner, Savanah Limited Partnership, agreed to provide housing for 198.5 employees in exchange for a City Council approval of a revised development proposal. Proposal: The remodel will consist of 7three-bedroom timeshare units, and 6 two-bedroom timeshare units on the 3~d through 6~' floors of the hotel with a total of 24 lockout keys and one residential unit. Additionally the remodel will include 16 new lodge units and 4one-bedroom lodge suites in Building C. The hotel lodge units will be reduced from 257 to 179, with the addition of 24 timeshare units and one residential unit according to the applicant. DISCUSSION: Affordable Housing Units: Section 1, Priorities for Affordable Housing Units, of the Aspen/Pitkin County Affordable Housing Guidelines establishes the following equal priority unit types based on current needs: • For-sale type units whereby the average sales price is no higher than Category 3 and the units consist of one-bedroom and two-bedroom units, with associated RO units. • Family oriented sales units (Category 3 and 4). The applicant is not proposing any units. This form of mitigation does not meet the full intent of Section 1. The APCHA Affordable Housing Guidelines establishes the preferred option to obtain credit for providing deed-restricted affordable housing units under the City's Growth Management Quota System as follows: •.~ On-Site Housing -affordable housing units located either on the same site as, or attached to, the proposed development. Off-Site Housing -affordable housing units located within the Aspen Metro Area and approved by the Aspen/Pitkin County Housing Authority. Cash-in-Lieu or Land-in-Lieu -payment of an affordable housing dedication fee or a donation of land. The preference of cash or land shall be determined on a case-by-case basis. The applicant is not proposing any housing, which does not meet the intent of this Section. Section 2 of the Aspen/Pitkin County Affordable Housing Guidelines requires that all affordable housing units meet the size, type, income, and occupancy requirements contained in the Guidelines. Section 2, Affordable Housing Units Required for Mitigation, of the Aspen/Pitkin County Affordable Housing Guidelines establishes the following provisions for an applicant to select from for all affordable housing units required as mitigation for residential or commercial development in order to obtain credit under the Growth Management Quota System: Production of new dwelling units deed restricted in perpetuity to rental and sale price terms as defined in the Guidelines. Conversion of existing dwelling units to deed restricted units. Payment of Land-in-lieu The applicant is not proposing any new housing units. This provision does not meet the intent of Section 2 of the Guidelines. REQUIREMENT: There are two types of mitigatory requirements for affordable housing which this proposed application is subject to, including the timeshare lodge and the commercial space. In accordance with Section 26.470.100.6 and C.3.b, Growth Management Scoring Criteria -Commercial and Office Development, of the City of Aspen Land Use Regulations, an applicant is required to provide affordable deed-restricted housing fora minimum of sixty-percent of the employees generated by the proposed development. History: An audit conducted by the Ritz Carlton (now the St. Regis) was assessed in 1998, which concluded that the amount of employees mitigated was reasonable in accordance with the1993-1994 payroll records. The audit found that the Ritz Carlton is required to provide housing for 198.5 employees (60% of 330.8 FTE). ;, Additionally, the applicant is required to count the maximum number of proposed lockout units in the development application when calculating the need for affordable employee housing. The applicant estimates that the proposed timeshare lodges will not generate any additional need for employees based upon a comparison with current operations at the St. Regis. The applicant claims that there will not be an increase in the number of hotel employees over the amount currently employed despite the changes in use. The applicant believes that there will be an actual reduction of 3.59 employees generated by the remodel. The Housing Staff would concur with the applicant that there would appear to be no net increase in employees associated with the conversion of lodge units to timeshare units and a single residence and the construction of the previously approved lodge units and suites. The Housing Staff used the figure of 15,000 square feet listed in the application to calculate the proposed commercial and retail space's employee generation. Using the applicant's figures of 12.8 employees per 1,000 square feet, this translates to 192 employees generated by the remodeled new spa facilities. The applicant's position is that there is no change in the square footage of food, beverage, and retail space from what exists today. The applicant shows a total of 168.7 employees generated by the commercial and retail space. This is a difference of 23.3 new employees. It is the position of the Housing Staff that the applicant is required to mitigate at 60% of the new employees for a total of 13.98 employees. RECOMMENDATION: The Housing Authority Board conditionally approved the application in accordance with the following conditions: 1. The applicant shall conduct an audit immediately after one full fiscal year following the issuance of a certificate of occupancy for the proposed new spa facility, hotel rooms, timeshare units, and residence under the following terms: a. The applicant shall retain an auditor and shall gain prior approval from the Housing Office Operations Manager for the selection of the auditor. b. The applicant shall be fully responsible for all fees associated with retaining an auditor. 2. Should the audit show an increase in the number of employees, the applicant shall return to the Housing Authority under the following terms: a. The applicant shall provide deed restricted, affordable housing for any additional employees of the new facilities. 4 ,~-~. Fl b. The applicant shall abide by the Aspen/Pitkin County Affordable Housing Guidelines in effect at the time of the audit. ~9S i EXHIBIT F LETTER FROM JOSEPH WELLS ~cph Wells Land Planning bQ~ Midland Park Place Aspen, Colorado Slbl l Phone: 37t~.9~5.8080 facsimile: 97U.92.U.437s e-mail: Wel~sAspen@aol.com lVfarch 12, 2003 ~Ir. Scott Woodford City of Aspen Community Development Department 530 East 11~Iain Street Aspen, Colorado 81611 Delivered by a-mail to scottw-~i.aspen.m.us Dear Scotl* As we have discussed, I wanted to provide you with follow up information on the owne{s employee projections related to the proposed remodel of the St Regis, even though the applicant has already agreed to repeat the audit pnx~edure one calendar year after completion of the remodel, based an the methodology and procedures descnbed in the First Amended and Restated PI)D Agreement (the "PUD Agreement"}- The developer originally agreed to an audit of the actual employment in Hotel Phase I after the second full year of operation to (i} confirm that the previous estimates of the employee generation of the hotel were accurate and {ii) to require that additional housing be provided in the event that 6D pen~ent of the number of actual full-thee equivalent employees working in Hotel Phase I exr~eeded the figure of 198.5 employees that the developer agreed to provide housing for under the PITD Agreement The language of Section B ~ (g} of the PI3D Agreement (the audit language), restated belotiv, required that if, as a result of the audit, it was determined that the number of full time equivalent employees in the hotel exceeded 330.83, the owner would be obligated to provide additional affordable housing for 50 penceut of the additional FTEE's. ~(g} Audit Omer and City agree that there shall be an audit performed of the hotel after its second full year of operation to detP~i~ the actual number of FTEE's working in Hertel Phase I. In the event the audit determines that Hotel Phase I has a higher FTPE count than 269, the Owner shall provide employyee housing for sixty percent (6{) of the number in excess if such 60% number added to 1b1.5 is greater #han 198.5 ....... For the purposes of this requirement, the audit shall be performed and,FTEE's shall b+e defined accol.~ing to the Housing Authority guidelines in effect at the time of this approval, a copy of which is hereto annexed as Exhibit C.n ,~= March 12, 2003 114r. Scott ~1r'oodford Page two of two Since the audit was performed in 1996, there has been a change in ownership of the hotel and both occupancies and employment are down. Rivard McLennan the General. manager of the St Regis has now completed a ralcnlafion of the full- time equivalent employment far the hates utilizing the audit standards for 2000) through 2002. The St. Regis' actual employment for the hotel last year was down to 243.18 from the peak levels of 2000 of 301.5 employees and those for 2001 of 265.30 employees. All three years are considerably below the threshold nua>her of 330.83 employees that would have triggered a requirement fm additional affordable housing under the audit language of the PLTD Agreement and are also less than the figure of 314.5 employees that was apparently determined to be employed in the hotel in 1995, when the original audit was performed. ('s'he Housing t)ffice referred to a number of 314.5 FTEE's-from a confidential memo about the audit that they have in their files,) 11~Ir. McLennan has also projected the full-time equivalent employment for the hotel by position for 2005, once the hotel is in operation after completion of the proposed remodel. The full-time equivalent employment for the hotel in 2005 is projected to be 261.46, aver 69 employees less than the total of 330.83 employees that would have triggered a requirement for additional affordable housing under the PIJD Agreements beyond the 198.5 that have already been housed. Rega T+ ,, EXHIBIT G DRC MINUTES 1. Building Department • Code Review: It is probable that in June 2003 the Building Department will adopt the International Building Codes (IBC) and the International Residential Codes IRC). The architect will also need to reference the 1998 ANSI Standards. • Change in Use: The Applicant will need to consult Colorado Revised Statutes (CRS) to determine the required number of type A and type B units. • ADA Accessibility: Not only individual timeshare units but also the juice bar and spa. • Temporary Certificate of Occupancy (TCO): Temporary COs can be issued if safety and Fire Department concerns are addressed. • Energy Code: New energy code will apply to portions of building never completed. 2. Parks Department • Parks Dept. notes that several of the tree grates are broken or too small for the growing trees. Parks Dept. asks that St. Regis address this problem. 3. Fire Department • International Fire Code: Soon to be adopted by the Fire Department. The Fire Chief is unaware of the impact the new code will have on the St. Regis. • Sprinkler and Alarm Plans: The Fire Department would like to see a complete set of sprinkler and alarm plans as soon as possible. These plans are also needed by the Water Department and Sanitation District. • Sprinkler Heads: New regulations require sprinkler heads that provide a larger flow. The large flow requirements may impact plumbing design, the size of the water tap, and the water service fees. • Diesel Back-up: The Fire Department wants to know that the diesel generator is in running order and if a larger generator is needed due to the changes. 4. Water Department • Tap Fees: Based on the sprinkler requirements of the Fire Department, a new and larger water tap may be needed. An additional tap fee may be accessed due to the change in use. • Utility Plans: The Water Department needs to see existing (as-built) and proposed utility plans. ST. REGIS HOTEL STAFF REPORT PAGE 40 ~- _~~: 5. Sanitation District • Sanitation District Fees: The conversion from lodge units may result in additional tap fees due to the additional kitchens and other sources of wastewater. (Fee are based not only on quantity but also on organic loading.) • Special Concerns: The sanitation district will determine if oil and grease separators exist where needed and that requirements for laundry and dry cleaners are met. • Utility Plans: The Sanitation District needs to see existing (as-built) and proposed utility plans. 6. Environmental Health • Water Leak in Kitchen: Environmental Health would like to learn if the leak in the kitchen (from roof or sprinklers) has been corrected> • Juice Bar: At the time of building permit, Environmental Health will review the plans for the juice bar. • Trip Mitigation: With the exception of the hair salon, the services in the building are not available to the general public. No Additional trip mitigation measures appear to be necessary. However, Environmental Health would like the Owners to confirm that the mitigation measures, required as part of the PUD, have been implemented. ((This is a `TO ITEM' for the Applicant but it will not be included in any resolution or ordinance.)) ST. REGIS HOTEL STAFF REPORT PAGE 41 ~. ~~$~ MEMORANDUM TO: The Aspen Planning & Zoning Commission THRU: Joyce Allgaier, Deputy Director FROM: Scott Woodford, City Planner RE: ST. REGIS HOTEL: PUBLIC HEARING, PLANNED UNIT DEVELOPMENT AMENDMENT, GMQS EXEMPTIONS, SUBDIVISION, AND TIMESHARE; RESOLUTION NO. ~, SERIES ZOOS DATE: April 15, 2003 Attached is the Economic Impact Report that was conducted as part of the approval for the original Ritz Carlton Hotel. The reason for including the report is in response to Planning and Zoning Commission's request for additional information at the first public hearing for the St. Regis Hotel, on March 18, 2003. At that meeting, several members of the Commission requested background information that would help demonstrate how the hotel was "sold" to the community when it was originally approved by a vote back in the 1980's. The applicant has indicated to staff that they will have some experts on hand at the April 15th meeting to try to address the major issues that were raised by the Commission at the March 18th meeting. _ Please bring your original staff report. If you need a new copy, please contact me. - -~-- ~ V ~~ .Q. ~.Q. The Ritz-Carlton Aspen Hotel Economic Impact Report ~,a~,_-. TABLE OF CONTENTS Introductory Statement Executive Summary Lodge District Improvements Table I, Physical Improvements Tax Revenue Analysis Table II, Tax Projections Aspen Budget and Ritz-Carlton Impact Table III, Revenue Effects Capital Improvements Program Table IV, Capital Improvements Conclusions PAGE 1 3 4 5 7 9 11 12 14 15 C ~ INTRODUCTION Aspen has reached a crossroad and has a far-reaching opportunity to control the future. While Aspen is .recognized world wide as the premier ski resort with the finest community, the master planning studies and Goals Task Force Report in 1971 and 1983 have addressed the community's economic dependence on skiing, the economic imbalance between winter and summer and the need to create business in the shoulder seasons. The 1983 Goals Task Force Report states that 60~ to 80~ of the cash in-flow to the Aspen economy comes during the four winter months while the remaining eight months generate only 20~ to ~40~. The primary economic goal of the 1983 report is to develop the June to October time period to generate 50~ of annual income by 1995. The report goes on to say that winter will no longer subsidize the summer, and winter may, therefore, be more price competitive. An economic .balance allowing for more competitive winter pricing and increased summer business is certainly a top priority of this community. Conference and meeting business is specifically mentioned as a summer activity generator in keeping with Aspen's plan for a more balanced economy. Since 1983, this theme has been restated by the community. Aspen, rather than concentrate on expanding resort capacity, should strive to better utilize the existing capacity during "shoulder seasons". Not only has the community correctly identified the problem of relying too much on the winter to subsidize the entire economy, but the problem-each y-ear is becoming more acute. During the last several years Aspen has lost ground in terms of Colorado skier market share. To date, in the 1987-1988 ski season, the Aspen Skiing Company is down 6.6~ in skier days from the previous year. Over the last few years we have, as a co~'nmunity, advanced the cause of arts as an industry to help enhance our economy. Unfortunately, to support the arts through City revenues we need added tax revenue. In drawing from the 1983 report, to continue economic growth in our community several options are available; we can continue to raise prices; we can add capacity to make more during the .periods of high demand; or, we can consciously create the mechanisms to. utilize our capacity during the- shoulder seasons, and thereby reduce our dependence on skiing. The Ritz-Carlton Conference Hotel will help ,achieve Aspen's stated economic goals: - The conference facilities, combined with the quality lodging, will provide the needed physical plant for the shoulder seasons; 1 - The Ritz-Carlton will bring high-quality meeting groups to Aspen during the periods from Thanksgiving to mid- December, January, April 1 to April 15th, June, September and October; - The meeting facilities will be able to accommodate groups larger than the lodging capacity, creating business for other hotels and lodges,, as well as the entire business community; - The Ritz-Carlton will provide facilities for winter programs for the Institute and other Aspen cultural events. Currently Aspen relies on marketing by the ARA and the Skiing Company. The ARA has a budget of $435, 000 to market Aspen's summer and winter seasons. While the Ski Company spends an estimated $1.2 million annually, it is all allocated to winter promotion. The Ritz-Carlton Hotel Company spends upward of $10 million annually in marketing. In addition, the Ritz-Carlton Aspen projects over $1.5 million for the sales and marketing budget in the first year of operation and over $2 million in the fifth year. This is private marketing that will. maintain and enhance Aspen's reputation as a year round center of cultural and intellectual activities and seminars. Locating a Ritz-Carl-ton Hotel on Lot 1 of the Aspen Mountain PUD will benefit. the immediate-lodge district. This is the only parcel in Aspen which i-s zoned for and will accommodate a meaningful facility for meetings with lodging attached. Further, this .is the area of Aspen most in need of infrastructure and road upgrading, a benefit of the Ritz-Carlton constructior,~. ,Finally, this is the only location in town which adequately ensures that the majority of guests twill not use their cars but will walk into town or use a form of public Transportation. There has been concern in the community that circumstances have changed since the PUD "was originally submitted. Certainly our lodge inventory has been upgraded and new lodge units have been added at the Jerome, The Sardy House and the Crestahaus. Since 1983 there has been a net decline of 11 units (see page 16 of the Ritz amended. PUD submission). However, the increase or decrease in lodging capacity is not really the issue. The issue is that Aspen depends on the four months of winter to support the annual economy. While this continues, ,Aspen's share of the ski market in Colorado is declining and the ski industry is leveling off. The successful creation of a conference hotel will do more that any other single action to stabilize our economic future, preserve the quality of our lives and enhance the cultural, intellectual and artistic aspects of our community. . 2 EXECUTIVE SUMMARY - The Aspen community has an identified need to increase shoulder season utilization of the resort capacity. the Ritz-Carlton will accomplish this goal with conference business. - The Ritz-Carlton will spend $10 million in annual corporate marketing and $1.5 - $2.0 million at the Aspen hotel to market shoulder seasons. - The Ritz-Carlton has provided over $~ million in direct improvements to the Lodge District. Some $3 million more will be installed during construction. - During the final ten years of the 20th century the Ritz- Carlton will contribute an estimated $24 million in tax revenue with almost $12 million flowing directly into the City of Aspen. - The City General Fund will realize a 13~ increase in tax revenue in 1990, the first year the Ritz is open. The ten year total will be $5 million. - The Land Fund revenues from 6th penny sales tax will increase by 22~ in 1990. In ten years over $6 million will be available for purchase and upgrade of open space. - RFTA will receive $5 million over ten years with the City Mall and Transportation Fund receiving $714,000. - The City of Aspen will receive benefits from the Ritz Carlton that will strengthen the economy and provide for the capital improvements needed and wanted by the community. 3 '"'"'~ ~... ~.. LODGE DISTRICT IMPROVEMENTS ACCORDING TO THE ASPEN MOUNTAIN PLANNED UNIT DEVELOPMENT As an integral part of the approval process the Aspen Mountain PUD promises to perform many improvements to the lodge area utility system, to the roads and streetscapes and to governmental programs such as transit studies and employee housing. These improvements fall into two main categories with a third one of miscellaneous programs. Table I has broken these aut and it shows the following; - To date $4,703,-434 has been spent on physical improvements and studies in reliance on the approval for a conference hotel. - During construction another $3 million will be spent on physical improvements and a new home for the Aspen Ski Club. - These expenditures will dramatically upgrade the six block area from Durant to the Mountain base and from Galena to Monareh. - Construction will also mean estimated tap fees of $575,000 for the Water Department and $114,000 to the Sanitation Department. 4 • _ _ ---- -- _- -- _ _-_-- -- ~~ - `~ --L-- TABLE I PHYSICAL IMPROVEMENTS AMOUNT TO BE x COMPLETE SPENT SPENT I. Util ity Improvements and Undergrounding A. Electrical 1. City Lines Undergrounded 90% $200,000 -0-~ 2. Holy Cross Lines Undergrounded 100p $345,000 -0- 3• Temporary Relocation 100 $17,900 -0- B. Telephone 1. Cable Underground/Relocation 90~ $68,966 -0-* 2. Temporary Relocation 100% $13,068 -0- C. Cable 1. Cable Underground/Relocation 90~ $15,000 -0-~ 2. Temporary Relocation ~ 100 $.5,000 -0- D. Natural Gas 1. Relocated & New Gas Lines 100% $12,000 -0- E. Sanitary Sewer 1. Sewer Main Rerouting, Lot 1 100 $28,500 -0- 2. Sewer Along Durant 0~ -0- $65,000 F. Water Lines 1. Main Line Disconnects, Lot 1 100 $14,200 -0- 2. 12" Main Galena to Mill 0~ -0- $120,000 G. Storm Sewer 1. 18" Galena/36" Durant 0~ -0- $205,000 H. Drainage Study Aspen Mountain a~ -o- $250,000 and work Sub Total $719,634 $60,000 ~°""` II. Roads, Parking and Landscaping A. Galena Realignment 0~ B. Landscaping p~ C. Park on block in front of Grand Aspen 0~ D. Parking lot west of Grand Aspen 55~ Sub Total III. Other Programs -o- $315,000 -0- $1,700,000 -0- $150,000 $60,000 $50,000 $60,000 $2,215,000 A. Demolition of Aspen Inn 100 $200,000 -0- B. Tree Relocation 100 $8,800 -0- C. Grand Aspen Renovation (1985) 100 $750,000 -0- D. Grand Aspen Renovation (1987) '.00~ $1,500,000 -0- E. Employee Housing Commitments 1. Alpina Haus (Purchase and Upgrade) $750,000 -0- _ 2. Copper Horse (Purchase and Upgrade) $500,000 -0- 3. Hunter Longhouse (Sub-equi ty Invest.) $250,000 -0- F. Park Dedication Fee 0~ -0- $25,000 G. Rubey Park Study _ 100 $25,000 -0- H. Aspen Ski Club 0~ -0- $167,000 Sub Total $3,983,800 $1g2,O0O GRAND TOTALS $4,703,434 $3,047,000 * Paid 100 in advance. Completion pending due to construction time. The costs in the to be spent column are still estimates. They are subject to change through negotiation with the City. 6 ~ ~ TAX REVENUE ANALYSIS To provide an analysis of the sales tax and real and personal property taxes generated by the Ritz.-Carlton certain assumptions have been made. Property taxes are based upon meetings with the County Assessor's Office and are broken down to the various agencies. The estimates of gross revenue upon which sales taxes are based are from Ritz-Carlton's internal projections for the Aspen hotel combined with their nationally accepted industry multipliers to calculate the dollars guests will spend in the community for meals, shopping and activities. This analysis considers only the direct benefits of guest expenditures. Undeniably there will be further sales tax generation from employee .spending and secondary and tertiary `effects as these dollars circulate through the economy. These effects are more difficult to project so we have chosen to use only those dollars which can be most accurately measured. The sales tax of 7.2~ is divided between Pitkin County and the City with several specific allocations. The State of Colorado Tourism Board receives .2~. The State receives 3~ of the total directly. 'Two percent is currently divided 57~ to Pitkin County and ~3~ to the City of Aspen. The City receives 1~ for the Land Fund. Finally, 1~ is divided $7.9~ directly to RFTA and 12.1 ~ to the City. Table II includes a ten-year projection of sales tax revenue as it is allocated according to the above formula. 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M V d ~n W ~n .-• O ~ N ~ d h M M< ~O U O q N N .y .r pj ~ Z i+ d L N .., L .n w M u a, x Y Y~ d C +~ b +' '^ L 6 F- X a+ ~ d U O L q 1- K q C ap p~ Ni ++ L W ~- ~ <f K N L !3 C N L Y O ?~ U b O 6 ~ ~ 'O^ U~ J O' ~ a~ M C 4- 'r q +~ C W O. L Y q O~ ii q q ~ T O. d d L 'r +~ " O J O O p y ~ a, d p •r o o c ~ z i~~ o T ~ o~ E u o ~ rr y O. U U U LL• S N Q N U J m F S O U ~ C .. ASPEN'S BUDGET AND RITZ-CARLTON IMPACT The City and community of Aspen support a large infrastructure of services relative to it's permanent population. The community wants underground utilities, efficient streets and public transportation systems, a comprehensive and well maintained network of pedestrian trails for summer and winter use, open space parks for residents and visitors alike and a romantic and clean environment, all of which are costly. Maintenance and acquisition of these elements are funded primarily by sales tax revenue and to a lesser extent by real estate taxes and other revenue raising avenues. In 1986 Aspen's City Council adopted the City's first comprehensive five year budget plan. Each annual operating budget adheres to this plan. In addition, Council approved a Five-Year Capital Improvement Plan. In this analysis of the increased revenue to the City from the Ritz-Carlton Hotel we will look first at the effect on the annual operating budgets in the separate categories that can be most easily predicted. These are the General Fund, Land Fund and Transportation and Mall Fund. While the Water, Electric, Golf and Ice Garden Funds will benefit greatly from increased City revenues, allocation between these funds will be properly determined by City Council. In analyzing the effect of the Ritz-Carlton on the revenue of the City we use 1990 budget projections by the City and revenue projections from the Ritz-Carlton. 199a is presumed to be the first year of full operation for the Ritz-Carlton. Aspen's General Fund is established to account far the revenues and expenditures necessary to carry out the basic governmental services of the City. The major revenue source is the City's share of a 2~ Pitkin County sales tax, which share is projected to be $2,809,000 for 1980. Added revenues bring the City's 1990 total to $5,022,000. After operational exper_ses, transfers from the fund total $503, 000 or exactly 10% of total revenues for streets and housing debt and the Golf, ,Ice Garden and Wheeler Funds. In 1990, the Ritz-Carlton guests will account for #363,000 in direct added sales tax revenue to~the City's General Fund, a 13~ increase. The ten year total for this fund will reach $5 million. The Land Fund 'ryas as its primary revenue source the sixth penny sales tax. Uses are restricted to the acquisition of open space through direct purchase or repayment of bonding, capital improvements and maintenance of these assets. 1990 projections show the sixth penny revenue at $1,928,000, park dedication fees at $35,000 and other revenues at $114,000, for a total, exclusive of Red Roof sale proceeds, of $2,077,000. Direct expenditures will be $816,000 and debt payments total $1,446,000. Ritz-Carlton guests are projected to provide a ($122,000) in 1990 Land Fund revenues exclusiv dedication fees. Over a ten year period a total will be generated for Aspen's Land Fund. 22S increase e of any park of $6 million 0 The third direct beneficiary of the Ritz-Carlton guest expenditures is the Transportation/Mall Fund. This fund shows. 1987 revenues of $440,700 from sales taxes. The Ritz-Carlton will, in 1990, generate an additional $51,000., or 11.6x with a ten year total of $715,000 for purchase of transportation equipment, debt retirement, mall acquisitions, improvements and operations. 10 TABLE #III TOTAL FINANCIAL EFFECTS OF RITZ-CARLTON OVER 10 YEARS 1989 - 1999 I. Construction-related improvements Lodge district improvements Tap fees - water Sanitation Sub Total II. 10-year tax revenue summary ARA pillow tax Real and Sales Ta A. .City B. Open C. RFTA D. City personal, property tax x: of Aspen (General Fund) space (6th penny) mall/transportation Sub Total TOTAL $8,000,000 $575,000 $114,000 X8,689,000 $103,350 $1,298,494 $5,058,479 $5,905,209 $5,190,680 $714, 530 $18,270,72 $26,959,742 11 __ CAPITAL IMPROVEMENT PROGRAM On December 15, 1986, the City Council approved a Five-Year Capital Improvement Plan. The renovation of City Hall and the formytion of the Lodge Area Special Improvement District were identified as projects to be accomplished. The renovation was to be funded with no increase in taxes. The lodge district and a downtown improvement district would be funded through increased mill levies and special assessments. Currently the lodge district has beer, rejected by the voters but may be revived in the future. The capital improvement projects considered by Council are listed on a table IV with cost estimates. Because Aspen has a high self-image and desire to implement so many improvements to the quality of life of the deserving residents additional capital improvements have recently come to the fore. These include: Purchase of Zoline Property $1,00,000 Solution of Snowdump $200,000 More Efficient Snow Removal and Sanding ~ Koch Lumber Park Improvements $100,000 Rio Grande and Greenway ~ In actuality for 1987, $250,000 was allocated for capital improvements with $75,000 for trails, $50,000 for the ice garden and a parking study and $125,000 for snow removal. Given the scope of the wish list this allocation will not keep up with annual demand. - In the final ten years of the twentieth century, Aspens Ritz-Carlton will contribute an estimated $2t} million in tax revenue to Pitkin County, with almost $12 million flowing directly to the City of Aspen. - $5 million will be added to the General Fund,. available for transfer to other funds or for"capital improvements. - $5.9 million will be available for purchase of open space, the trails program and park improvements, - $3.8 million more than the current five-year plan projects for these areas of capital improvement. - During this same period, $715,000 will be available for the transit and mall fund over and above the $5 million which will flow directly to RFTA. In the General Fund alone the Ritz related revenue could provide for the City Hall renovation, Moore pool improvements, Ice Garden improvements, golf course improvements and expansion and Wheeler improvements with enough left to provide for a solution to the snow dump and institution of a more efficient plan for street 12 _~ sanding and cleaning and to provide some $50,000 annually in added funds for art and non-profit organization funding. The Land Fund revenue could purchase the Zoline Property and provide for trails and park improvements and would still provide $3.2 million for the Red Roof or Marolt property or for future open space acquisitions. ,~ ,,,~, TABLE #IV CAPITAL IMPROVEMENT PROGRAM (taken from 1987 Aspen Budget) Projects Total Considered 1987 1988 1989 1990 1991 Project City Hall $ $ $ $ $ $ Renovation 1,600,000 0 0 0 0 1,600 000 Street Dept. , Building 300,000 2,500,000 0 0 0 2 800 000 Moore Pool , , Improvements 500,000 0 0 0 0 500 000 Ice Garden , Improvements 300,000 200,000 0 0 0 500 000 Parking , Structure 400,000 3,600,000 0 0 0 4 000 000 Trails Program Open Space 100,000 100,000 150,000 100,000 100,000 , , 550,000 Acquisition Parks 200,000 150,000 150,000 150,000 150,000 800,000 Improvements Wheeler 150,000 150,000 150,000 150,000 150,000 750,000 Improvements Parks/Golf 91,300 140,000 45,000 30,000 .30,000 336,000 Mnt Facility 385,000 0 0 0 0 000 385 Lodge Area SID 800,000 0 0 0 0 , 800 000 Street Serial , Levy Maroon 130,000 130,000 130,000 130,000 130,000 650,000 Hydropower 541,000 20,000 0 0 0 561 000 Water Mgmt. , Projects 1,026,700 1,333,350 0 0 0 2 360 000 Golf Course , , Improvements 80,000 75,000 125,000 45 000 45 000 370 000 , , , 6,604,000 8,398,350 740,000 605 000 605 000 16 96 360 , , , , PROJECTS, AS SHOWN ABOVE, WITH IDENTIFIED FUNDING SOURCES Project Description Parking Structure Street Serial Levy Parks/Golf Maintenance Facility Water Management Projects Golf Course Improvements Funding Souree Downtown Developmenti- Authority Property Tax Partial funding from Golf Course revenues, up to half Improvement Districts Golf Course Revenues Total Cost $4,000,000 65a, o00 192,500 2,360,000 370,000 ~, TDTAL PROJECTS WITH IDENTIFIED FUNDING SOURCES $7,572,550 _ -~ CONCLUSION This report has shown some of the economic benefits the Ritz- Carlton will have for the Aspen community. 1. An immediate upgrade to the street system and utility infrastructure of the area adjacent to the Ritz-Carlton. 2. Creation of assembly space for local events and groups in the Aspen community. 3. A facility which will attract visitors in the shoulder seasons which will relieve our dependency on the four winter months to support the entire year. ~. Immediate and long term increases in revenue for the County and City which will allow realization of capital improvement projects and support of worthy community groups. The completion of the Ritz-Carlton Hotel at the base of Aspen Mountain will provide an economic legacy for the future generations of Aspen enabling Aspen to maintain and improve upon the natural beauty and lifestyle of the Roaring Fork Valley. 15 ---~- W _ - --_--~- -.. --_- ___.__, ~, `~ LIST OF SOURCES The Ritz-Carlton Hotel Company Aspen Budget 1987 Aspen/Pitkin County Growth Management Policy Plan, 1976 Aspen Area General Plan, 1966 Goals Task Foree Report, 1983 Colorado Ski Country, USA Aubrey Architects City of Aspen Water Department Aspen Metropolitan Sanitation District Pitkin County Assessor's Office Pitkin County Building Department City of Aspen Finance Department American Express Denver Convention and Visitors Bureau Colorado Tourism Board July 13, 1987 Goals Session Memorandum iV` , ~- ~ j~ ~~~G~ ~ 4~ ~~xJ ~~C~ `~~`'~ ~~ ~. c ~" u~` ~: ~~ ~, ~~,:~ ' t,~ 6~+r less ~~- s z~ ~~. ~"YA~ ~U(il .~-~MtS.v~ ~~~ G++~GL''~ ~11 X10` C_ ~~s, =,=.a;'i~-:: ~ - ,J ~~ i~r„~,~ •~ ~~~ Cr~c~~~ v~t1 w~~C ~~~ ' G~r~,~.k - ~'~ i ~~-t~ ~` ___._. ---____ 1 1 I 7 ~ ._..__. .....__....... _. .S ~ ~~~~ r~q ~n~~~{~Un~, ~~ c~~an, ~ `~ ~s wt l~ Gr-tc~~{, ~a~ o~~ -~-c~<~wa~ ~us ~~~SS l ~`~ wti t1 fix. ~~w a~~~ c-~~;w'l ~~.n wP~~~2~ ~ ``~~ II II,;~ ~-- _ ~;, ~, 6n ~.~ ~ ~ .~.~ + ~~ ~ ~ ~ ~ SIB ~ ~~ 5U 0d ~ ~ ~ S -~~ ~ ~ ~tn~~ ~~ I~.q S ~' ~ ~ ~ ~, ~ •r~`. ~~ Cc.~ ~ ~ 1 ~~ t G'. ~~~(!`1l`~S ~~ l~~U'+~/~/~ ~`i°C3t~. '~l,rt ~~ D~'l,_r ~~ir4~~< -t- ~ ~~~ ~; C,~p~ ~C ~~~~n~°~ ; ~(,~ CO ~~~ I~~e~Gj Mu~(J~,'1n~ n S ~i ~~ ~~ " W~-~ '~0 ht~~ ! !1 ~~ ~ti ~ ~~ ~~ ~ ~~- °}' ~- ~ R ~ ' 2~ ~; I . -~ud H~~t ~,~,~, -~ ~ 26 i n 2~0 ~ -a' ~~ ~~ Z0~ 3 its ~'~ ~~¢ ~~ ~~aq ' ~~bd~, -~`~(~12 ~- ~~ ~OC~ ~ `~~ ~ s ~ Zoe ~ ~r'~x ~~- '. ~~c~.lar ~~~~ ~ ~~ ~ ~~~ Uh~ ~ ~u ~~(, ,1~1~~n~'~~r~l~~ ~ ~ ~ l l 21,0 Z~,v~j~ ~f~~Ol~~ 5~1 ~IZ~opn~~ ~ ~.~ ~~~~,5 ~. ~~ e ~~.~.. ~~ 1 ~ ~ , ~~ A~~~ ~~~. ~ ~ wh~~ ~n ~ ~ ~ ~~ g , s ~~ ~~ -ps~ ~ 2~ ~ ~, d~J~ ~~alifo~,ti ti n~; ~ ~ ~~~;~~ ;n i, 5b0~ ~~~~ ~ ~~ ~ l ~t~'S' G~t2~~ ~ ~~~1 2~~t~ ~~~ ~~~~ ~~~~~~~~ ~~ ~ ~ , ~ f ~~ J r J ~~ti~ ~D~ ~ 4~`,1~,~ o ct,~~~, ~x r~, O~,,n~-~,! )~j.~~~e ki+~.~~ U ~`~ ~~7 0 ~nx~ Ors ~~ : ~~, ~~~ ~ ~,- b4.~~ i5 ow~.rS ~ CWi~ ~ rte - MGtin~tr~Lt~UI. ~.t~,,'~C ~~(~;i d ~S~ ~,~ ~~~- -~0 ~ ~ti/~~"~ `"~ ~. ~~ `~~` j ` y ' ~('~-' Q~i ~4, Cb~ ~.:> ~`i~ ~ig1'v.~' 17E~..t'J`t~~Gy~.-~~j ~,nn a(~ U-t`-t.~., -~ J`~t"~ J ,J ~ ~~ Cc~~v~-~r° ~.~wv'rti~ ~~-2 CAM~E~ ;fly. ~ o~ w1~ks ~~~-~ ~`~~~~l~: ~~d~~ ~~~~ a (~ ~ ~ G. ~ i~~S CGV~ Rods ; ~~~ ~ ~ ~~~ w ~- .~ ~ a (-v-c W~ ~~ nit rct~-~ , ~^ ~- 5„~~` ~~u, o~ ~~ coQ~w ~, ,~~ (j~~ P 'P ~ ~ co~~ ~~^ ~ Goo ~. ~ ~~ ~ti~ ~~ ~dkl co~S ~ `~~ r ~ ~or~c~ ~ ~~ C`~`~n Cv~r ~ ~ ~ ~~ fit, ~ {`~`wS ~ i t ~~ ~..s j I ~~ ~ ~ ~ ~ ~, ~ pp~ ~~ la~'+w~s ~~^ s~ nil ~rU.rG~.I ~ ,, ~rc5t~ ' ~~ d ~~~ ~ fur s~ ~ ~- ~~ , ~~ ~ ~~~ -~~.-~ ~ ~ ~~~ ~ ~~~ ~~ ~.. ~.~- c~~ ~~~ s~.~~~~ C~,~ ~ Ao S~P~~ '~~" host C DiDNl,~ in ~`5 Cu.~t , C~(l ~f wr- ~a ~ ~ ~a~~ , ~ ~ . ~ `~ '~-~~~,~~ w~l~ G~~ Mt,~ 4t,~~ ~~ ~~~~~~ C~ ~ti ~ ~ . ~~ ~ '~ v nk, rn UD S ~- ~~~~'~~ Cn Mu~(~ ~ ~ ~` `~ ~~~' ~~~ Gv ~~ (~~.Aj~ 1`~,Q„U-~. ~~ r~~~~~~, ~ CGI~hM^ PL~lG~1W ~ II, lI ~.~ t ' --- -- - --_ _ __ -- _ _ _ __ f ,~4~ _.. _ _ ~~`~ ~~~. ~ ~.~. `~~ .C i~:~s bt,,~ 1~~1~ o ~ ~~~ ~;~ dw ~ ~L o~-~ ~ i S ~b~'if '~ ~~~ Cim~nc,t, ~~, ~ Cr~~v-,~,ce, ~Cc, ~on~~~ ~~n ~a^tsS ~ ecunv,u,,;~ ~w~'~ `~~ G~~m - rv~o~ rvo~n M~w~s i ~"(, c,~, , c,~,,'~ ~l,u c~dua„e~l •i d`s~'-u~w~~~ C~d,~w-~ '~~I.S I ~~ o~ Cc,~~v~~ce, Z. v~~~ ~ ~-Wv~w1 G~"~urr~~~ ate- (9~ ~,~ ~y~;~ ~1.~,~, ~j,~. a~l~~ -~~`~ C~^~1 ~ ~ ~ ~, ~~~ ~ ~ ~I C~~n e~~~- c~~w~tiz~ ~ ~~ ~,~ a~ ~ ~. ~ I ~ ~ ~~ `r Joseph Wells Land Planning 602 ~+tidland Park dace Aspen, Colorado 8161 I Phone: 980.92.8060 Facsimile: 980.920.4378 e-mail: lldellsAspen~aol.com larch 13, 2003 Mr. Scott Woodford City of t~spen Community Development Department 53D past Main Street open, Colorado 81611 Delivered by e-mail to scattw~.aspen,c3o.us Dear Scutt: letter is bc~ respond to your request for some information in writing about the current parking demand at die St. Regis. Unfortunately, Richard ~ricLennan, the Ge~teral itilanager of the St. Regis is out of town for a couple of days, so I am unable to provide the letter that you requested from him. However, I did discuss the issue of the parking demand with him some time ago, and he informed me that typically, parking demand is so low that, when necessary=, he can allow employees to park in the parking structure. ?dlr. McLennan also explained that there are only three or four special events held in the evening over the course of the year when demand far parking from hotel guests and from attendees at those events results in full utilization of the parking structure. When Richard gets back, I will see if he has anything to add on this subject and, of clourse, I will continue my efforts to obtain a copg of the parking study from the consultants who prepared it. EXHIBIT F LETTER FROM JOSEPH WELLS Joseph Wells Land Planning 602 Midland Park Place ~'n• Colorado 81611 Plwne: 970.925.8080 Facsimile: 970.920.4378 e-mail: WellsAspen@aol.com March 12, 2(103 Mr. Scx~tt Woodford City of Aspen Community Development Department 53Q East l~+Iain Street Aspen, Colorado 81611 Delivered by e-mail to scottcOi.aspen.co.us Dear Scott: As we have discussed, I wanted to provide you with follow-up information on the ownefs employee projections related to the proposed remodel of the St Regis, even though the applicant has already agreed to repeat thine audit procedure one calendar year after completion of the remodel, based on the methodology and procedures described in the First Amended and Restated PIID Agreement {the "PUD Agreement"). The developer originally agreed to an audit of the actual employment in Hotel Phase I after the second full year of operation to {i) confirm that the previous estimates of the employee generation of the hotel were accurate and (ri) to require that additional housing be provided in the event that bCl peroent of the number of actual full-time equivalent employees working in Hotel Phase I excjeeded the figure of 198.5 employees that the developer agreed to provide housing for under the PUD Agreement The language of Section B 4 (g} of the PUD Agreement (the audit language}, restated below, required that if, as a result of the audit, it was detera~zined that the number of full-time equivalent employees in the hotel exceeded 33.83, the owner would be obligated to provide additional affordable housing for 60 percent of the additional FTEE's. d(g) ~~ Omer and City agree that there shall be an audit performed of the hotel after its second full year of operation to determine the actual nwnber of FTEE's working in Hotel Phase I. In the event the audit determines that Hotel Phase I has a higher FI'EE count than 269, the Owner shall provide employee housing for sixty perceent (6Q j) of the number in excess if such ~~ number added to 161.5 is greater than 198.5 ....... For the purposes of this requirement, the audit shall be performed and FTEE's shall be defined according to the Housing Authonty guidelines in effect at the time of this approval, a copy of which is hereto annexed as Exh~it G." Y'-. fa y~ 6V MIf 1Vlarch 12, 2003 Mr. Scott Woodford Page two of fora Since the audit was performed in 1996, there has been a change in ownership of the hotel and. bath occupancies and employment are down l;ict~ard 14icLeiuia~. the General Manager of the St Regis has now completed a calculation of the full time equivalent employment for the hotel utilizing the audit standards for 20W through 2002. The St. Regis' actual employment for the hotel last year was dov~•n to 243.18 from the peak levels of 2000 of 302.5 employees and those for 2001 of 265.30 employees. All three years are rnnsiderably below the threshold number of 330.83 employees that would have triggered a requirement for additional affordable housing under the audit language of the PUD Agreement and are also less than the figure of 314.5 employees that was apparently determined to be employed in the hotel in 1995, when the original audit was performed. (The Housing Uffiae referred to a number of 314.5 FTEE's from a confidential memo about the audit that they have in their files.) Mr. McI<ennan has also projected the full-time equivalent employment for ~e hotel by position for 2005, once the hotel is in operation after completion of the p ~imorp•posed remodel. The full-time equivalent employment for the hotel in 2005 is projected to be 261.46, over 69 employees less than the total of 33(1.83 employees that would have triggered a requirement for additional affordable housing under the PLJD Agreement, beyond the 198.5 that have already been housed. Rego .TAP C Aspen Consolidated Sanitation District Paul Smith * Chairman Michael Kelly * Vice- Chair John Keleher * Sec/Treas March 7, 2003 Scott Woodford Community Development 130 S. Galena Aspen, CO 81611 Frank Loushin Roy Holloway Bruce Matherly, Mgr Post-it® Fax Note 7671 Date ~ iZ ~~ pa°ges~ To ~ ~ From S~ ~,q~~(1 'U Co./Dept. Co. ~ ~ Phone # Phone # Fax # a Z~,~(7 Fax # Re: St Regis Hotel, Aspen Mnt. Sub. PUD, Lot 1 Dear Scott: The Aspen Consolidated Sanitation District currently has sufficient treatment capacity to serve this project. There are downstream collection system constraints that will be eliminated through a system of additional proportionate fees. All of the total connection charges for the project must be paid prior to the issuance of a building permit. Fees can be estimated once final plans are made available to our office for the completion of a tap permit. Service is contingent upon compliance with the District's rules, regulations, and specifications which are on file at the District office. Oil and grease interceptors will be required and only approved fixtures can be connected to the interceptors. Lint traps will be required for the laundry. Any drains connected to or located near dry cleaning facilities must be reviewed and approved prior to construction. Discharging dry cleaning fluid to the sewer system is strictly prohibited. Specific approval for all of these items must be obtained from the District line superintendent prior to construction. We will need to review the upgraded utility plan once one is available. The District line to the front of the main entrance will need to be inspected by closed circuit television to determine if any repairs are required prior the construction of the project. Please call if you have any questions. Sincerely, Bruce Matherly District Manager 565 N. Mill St., Aspen, CO 81611 / (970)925-3601 /FAX (970)925-2537 ~,.-... MEMORAN~~~.~ EXHIBIT E HOUSING AUTHORITY MEMORANDUM TO: Scott Woodford, Community Development Department FROM: Aspen/Pitkin County Housing Authority DATE: 6 March 2003 RE: St. Regis Hotel, Aspen Mountain Subdivision PUD Redevelopment/Amendment ISSUES: The applicant is proposing to convert lodge units into fractional timeshare units; remove existing meeting rooms and relocate existing office space thereby allowing for a new full-service spa facility in their place; construct 20 new hotel rooms in a currently unoccupied building; and build a new residential unit within the main building. The proposal calls for converting 98 existing lodge units into 25 residential timeshare units. The applicant is also proposing to install a new spa facility of 15,300 square feet consisting of 3 fitness centers; 8 treatment rooms; 8 spa/facial/therapy rooms; 4 waiting lounges; a salon; a boutique; a reception area; separate men's and women's changing areas both with a private steam, sauna, cold plunge and Jacuzzi; and several staff/attendant/reservation stations located on-site. The project consists of the six-story St. Regis Hotel with a total floor affected area of 97,310 square feet. The applicant states that no expansion of the property is proposed, and that all proposed remodels are limited to the area contained within the existing hotel structure. The proposal calls for 5,165 square feet of office space to be relocated to the existing 4,800 square foot spa facility on the second level of Building B. The new spa facility will be located in the vacated office and meeting room space. The timeshare lodges and residence will be situated among the 2"d through the 6"' floors in place of existing lodge units. The new lodge units will be placed in the Blue Spruce Building that is currently unoccupied. BACKGROUND: The site is located at the base of Aspen Mountain. Starwood Hotels and Resorts is the owner of the Hotel property. The original owner, John H. Roberts Jr. submitted the Aspen Mountain PUD and Subdivision in 1983. The City Council granted final approval of the PUD in 1985. In 1987, Savanah Limited Partnerships purchased Lots 1 through 5 comprising the Aspen Mountain PUD ~~ and submitted an Amended PUD/Subdivision. The City Council approved the First Amended and Restated Planned Unit Development/Subdivision Agreement in 1988. Later amendments followed in 1990 such that the development approvals of 1985 differ from subsequent amendments and the actual construction configuration of the hotel first named the Ritz-Carlton. The City of Aspen approved a total of 329 lodge units for the Hotel. Hotel construction came to completion at the close of 1992. Twenty of twenty-two lodge units that were approved for the Blue Spruce Building, but never constructed, are proposed to be completed as a part of this proposal. The original PUD Agreement was credited with 182 employees housed in the Alpina Haus, the Copper Horse Lodge, Ute City, and Hunter Longhouse. This agreement was required to house 60% of the net new employees. Additionally, because of the demolition of existing residential structures on the site, a housing replacement of 30 employees was required. These requirements resulted in 161.5 employees that are to be provided with affordable housing and 29 employees that are to be housed from the demolition of the existing residential units, as proposed the PUD. According to the applicant, the then owner, Savanah Limited Partnership, agreed to provide housing for 198.5 employees in exchange for a City Council approval of a revised development proposal. Proposal: The remodel will consist of 7three-bedroom timeshare units, and 6 two-bedroom timeshare units on the 3"~ through 6"' floors of the hotel with a total of 24 lockout keys and one residential unit. Additionally the remodel will include 16 new lodge units and 4one-bedroom lodge suites in Building C. The hotel lodge units will be reduced from 257 to 179, with the addition of 24 timeshare units and one residential unit according to the applicant. DISCUSSION: Affordable Housing Units: Section 1, Priorities for Affordable Housing Units, of the Aspen/Pitkin County Affordable Housing Guidelines establishes the following equal priority unit types based on current needs: • For-sale type units whereby the average sales price is no higher than Category 3 and the units consist of one-bedroom and two-bedroom units, with associated RO units. • Family oriented sales units (Category 3 and 4). The applicant is not proposing any units. This form of mitigation does not meet the full intent of Section 1. The APCHA Affordable Housing Guidelines establishes the preferred option to obtain credit for providing deed-restricted affordable housing units under the City's Growth Management Quota System as follows: • . On-Site Housing -affordable housing units located either on the same site as, or attached to, the proposed development. Off-Site Housing -affordable housing units located within the Aspen Metro Area and approved by the Aspen/Pitkin County Housing Authority. Cash-in-Lieu or Land-in-Lieu -payment of an affordable housing dedication fee or a donation of land. The preference of cash or land shall be determined on a case-by-case basis. The applicant is not proposing any housing, which does not meet the intent of this Section. Section 2 of the Aspen/Pitkin County Affordable Housing Guidelines requires that all affordable housing units meet the size, type, income, and occupancy requirements contained in the Guidelines. Section 2, Affordable Housing Unifs Required for Mitigation, of the Aspen/Pitkin County Affordable Housing Guidelines establishes the following provisions for an applicant to select from for all affordable housing units required as mitigation for residential or commercial development in order to obtain credit under the Growth Management Quota System: • Production of new dwelling units deed restricted in perpetuity to rental and sale price terms as defined in the Guidelines. • Conversion of existing dwelling units to deed restricted units. • Payment of Land-in-lieu The applicant is not proposing any new housing units. This provision does not meet the intent of Section 2 of the Guidelines. REQUIREMENT: There are two types of mitigatory requirements for affordable housing which this proposed application is subject to, including the timeshare lodge and the commercial space. In accordance with Section 26.470.100.8 and C.3.b, Growth Management Scoring Criteria -Commercial and Office Development, of the City of Aspen Land Use Regulations, an applicant is required to provide affordable deed-restricted housing fora minimum of sixty-percent of the employees generated by the proposed development. HistON: An audit conducted by the Ritz Carlton (now the St. Regis) was assessed in 1998, which concluded that the amount of employees mitigated was reasonable in accordance with the1993-1994 payroll records. The audit found that the Ritz Carlton is required to provide housing for 198.5 employees (60% of 330.8 FTE). ., . ~ ~, Additionally, the applicant is required to count the maximum number of proposed lockout units in the development application when calculating the need for affordable employee housing. The applicant estimates that the proposed timeshare lodges will not generate any additional need for employees based upon a comparison with current operations at the St. Regis. The applicant claims that there will not be an increase in the number of hotel employees over the amount currently employed despite the changes in use. The applicant believes that there will be an actual reduction of 3.59 employees generated by the remodel. The Housing Staff would concur with the applicant that there would appear to be no net increase in employees associated with the conversion of lodge units to timeshare units and a single residence and the construction of the previously approved lodge units and suites. The Housing Staff used the figure of 15,000 square feet listed in the application to calculate the proposed commercial and retail space's employee generation. Using the applicant's figures of 12.8 employees per 1,000 square feet, this translates to 192 employees generated by the remodeled new spa facilities. The applicant's position is that there is no change in the square footage of food, beverage, and retail space from what exists today. The applicant shows a total of 168.7 employees generated by the commercial and retail space. This is a difference of 23.3 new employees. It is the position of the Housing Staff that the applicant is required to mitigate at 60% of the new employees for a total of 13.98 employees. RECOMMENDATION: The Housing Authority Board conditionally approved the application in accordance with the following conditions: 1. The applicant shall conduct an audit immediately after one full fiscal year following the issuance of a certificate of occupancy for the proposed new spa facility, hotel rooms, timeshare units, and residence under the following terms: a. The applicant shall retain an auditor and shall gain prior approval from the Housing Office Operations Manager for the selection of the auditor. b. The applicant shall be fully responsible for all fees associated with retaining an auditor. 2. Should the audit show an increase in the number of employees, the applicant shall return to the Housing Authority under the following terms: a. The applicant shall provide deed restricted, affordable housing for any additional employees of the new facilities. ~~. .~ b. The applicant shall abide by the Aspen/Pitkin County Affordable Housing Guidelines in effect at the time of the audit. s MEMORANDUM TO: Scott Woodford, Community Development Department FROM: Aspen/Pitkin County Housing Authority DATE: 27 February 2003 RE: St. Regis Hotel, Aspen Mountain Subdivision PUD Redevelopment/Amend ment ISSUES: The applicant is proposing to convert lodge units into fractional timeshare units; remove existing meeting rooms and relocate existing office space thereby allowing for a new full-service spa facility in their place; construct 20 new hotel rooms in a currently unoccupied building; and build a new residential unit within the main building. The proposal calls for converting 98 existing lodge units into 25 residential timeshare units. The applicant is also proposing to install a new spa facility of 15,300 square feet consisting of 3 fitness centers; 8 treatment rooms; 8 spa/facial/therapy rooms; 4 waiting lounges; a salon; a boutique; a reception area; separate men's and women's changing areas both with a private steam, sauna, cold plunge and Jacuzzi; and several staff/attendant/reservation stations located on-site. The project consists of the six-story St. Regis Hotel with a total floor affected area of 97,310 square feet. The applicant states that no expansion of the property is proposed, and that all proposed remodels are limited to the area contained within the existing hotel structure. The proposal calls for 5,165 square feet of office space to be relocated to the existing 4,800 square foot spa facility on the second level of Building B. The new spa facility will be located in the vacated office and meeting room space. The timeshare lodges and residence will be situated among the 2"d through the 6t" floors in place of existing lodge units. The new lodge units will be placed in the Blue Spruce Building that is currently unoccupied. BACKGROUND: The site is located at the base of Aspen Mountain. Stanwood Hotels and Resorts is the owner of the Hotel property. The original owner, John H. Roberts Jr. submitted the Aspen Mountain PUD and Subdivision in 1983. The City Council granted final approval of the PUD in 1985. In 1987, Savanah Limited Partnerships purchased Lots 1 through 5 comprising the Aspen Mountain PUD _,.~,~ and submitted an Amended PUD/Subdivision. The City Council approved the First Amended and Restated Planned Unit Development/Subdivision Agreement in 1988. Later amendments followed in 1990 such that the development approvals of 1985 differ from subsequent amendments and the actual construction configuration of the hotel first named the Ritz-Carlton. The City of Aspen approved a total of 329 lodge units for the Hotel. Hotel construction came to completion at the close of 1992. Twenty of twenty-two lodge units that were approved for the Blue Spruce Building, but never constructed, are proposed to be completed as a part of this proposal. The original PUD Agreement was credited with 182 employees housed in the Alpina Haus, the Copper Horse Lodge, Ute City, and Hunter Longhouse. This agreement was required to house 60% of the net new employees. Additionally, because of the demolition of existing residential structures on the site, a housing replacement of 30 employees was required. These requirements resulted in 161.5 employees that are to be provided with affordable housing and 29 employees that are to be housed from the demolition of the existing residential units, as proposed the PUD. According to the applicant, the then owner, Savanah Limited Partnership, agreed to provide housing for 198.5 employees in exchange for a City Council approval of a revised development proposal. Proposal: The remodel will consist of 7three-bedroom timeshare units, and 6 two-bedroom timeshare units on the 3~d through 6th floors of the hotel with a total of 24 lockout keys and one residential unit. Additionally the remodel will include 16 new lodge units and 4one-bedroom lodge suites in Building C. The hotel lodge units will be reduced from 257 to 179, with the addition of 24 timeshare units and one residential unit according to the applicant. DISCUSSION: Affordable Housing Units: Section 1, Priorities for Affordable Housing Units, of the Aspen/Pitkin County Affordable Housing Guidelines establishes the following equal priority unit types based on current needs: • For-sale type units whereby the average sales price is no higher than Category 3 and the units consist of one-bedroom and two-bedroom units, with associated RO units. • Family oriented sales units (Category 3 and 4). The applicant is not proposing any units. This form of mitigation does not meet the full intent of Section 1. The APCHA Affordable Housing Guidelines establishes the preferred option to obtain credit for providing deed-restricted affordable housing units under the City's Growth Management Quota System as follows: 2 .rte • On-Site Housing -affordable housing units located either on the same site as, or attached to, the proposed development. • Off-Site Housing -affordable housing units located within the Aspen Metro Area and approved by the Aspen/Pitkin County Housing Authority. • Cash-in-Lieu or Land-in-Lieu -payment of an affordable housing dedication fee or a donation of land. The preference of cash or land shall be determined on a case-by-case basis. The applicant is not proposing any housing, which does not meet the intent of this Section. Section 2 of the Aspen/Pitkin County Affordable Housing Guidelines requires that all affordable housing units meet the size, type, income, and occupancy requirements contained in the Guidelines. Section 2, Affordable Housing Units Required for Mitigation, of the Aspen/Pitkin County Affordable Housing Guidelines establishes the following provisions for an applicant to select from for all affordable housing units required as mitigation for residential or commercial development in order to obtain credit under the Growth Management Quota System: • Production of new dwelling units deed restricted in perpetuity to rental and sale price terms as defined in the Guidelines. • Conversion of existing dwelling units to deed restricted units. • Payment of Land-in-lieu The applicant is not proposing any new housing units. This provision does not meet the intent of Section 2 of the Guidelines. REQUIREMENT: There are two types of mitigatory requirements for affordable housing which this proposed application is subject to, including the timeshare lodge and the commercial space. In accordance with Section 26.470.100.6 and C.3.b, Growth Management Scoring Criteria -Commercial and Office Development, of the City of Aspen Land Use Regulations, an applicant is required to provide affordable deed-restricted housing for a minimum of sixty-percent of the employees generated by the proposed development. History: An audit conducted by the Ritz Carlton (now the St. Regis) was assessed in 1998, which concluded that the amount of employees mitigated was reasonable in accordance with the1993-1994 payroll records. The audit found that the Ritz Carlton is required to provide housing for 198.5 employees (60% of 330.8 FTE). 3 ,~, ,. ,,~ ~,. Additionally, the applicant is required to count the maximum number of proposed lockout units in the development application when calculating the need for affordable employee housing. The applicant estimates that the proposed timeshare lodges will not generate any additional need for employees based upon a comparison with current operations at the St. Regis. The applicant claims that there will not be an increase in the number of hotel employees over the amount currently employed despite the changes in use. The applicant believes that there will be an actual reduction of 3.59 employees generated by the remodel. The Housing Staff would concur with the applicant that there would appear to be no net increase in employees associated with the conversion of lodge units to timeshare units and a single residence and the construction of the previously approved lodge units and suites. The Housing Staff used the figure of 15,000 square feet listed in the application to calculate the proposed commercial and retail space's employee generation. Using the applicant's figures of 12.8 employees per 1,000 square feet, this translates to 192 employees generated by the remodeled new spa facilities. The applicant's position is that there is no change in the square footage of food, beverage, and retail space from what exists today. The applicant shows a total of 168.7 employees generated by the commercial and retail space. This is a difference of 23.3 new employees. It is the position of the Housing Staff that the applicant is required to mitigate at 60% of the new employees for a total of 13.98 employees. RECOMMENDATION: The staff of the Housing Office recommends that the Housing Authority Board conditionally approved the application in accordance with the following conditions: 1. Based upon the design and subject to change at the time of review of the submission to City Council, the applicant shall mitigate housing for a total of 13.98 employees. 2. The applicant shall provide an average of Category 3 units on-site. 3. Prior to the issuance of a building permit for the commercial and retail space, the applicant shall provide the configuration and square footage of the deed-restricted dwelling units that are proposed to ensure that the units meet the minimum net livable square footage for an overall average of Category 3. 4. Prior to City Council approval, the applicant shall propose a construction schedule for the deed-restricted units that will coincide with the issuance of building permits on the commercial operation. 4 a~.. 5. The employees to be housed in the deed-restricted units shall meet the qualification criteria contained within the Aspen/Pitkin County Affordable Housing Guidelines. 6. The applicant shall structure a deed restriction for the units such that 1/10t" of 1 percent of the property is deed restricted in perpetuity to the Aspen/Pitkin County Housing Authority; or the applicant may propose any other means that the Housing Authority determines acceptable. 7. The applicant shall provide a pricing structure not to exceed the maximum rate for a Category 3 unit. 9. The applicant shall meet the minimum occupancy requirements for the units proposed. 10. The deed restriction shall be filed concurrently with the submission of the Amended Final PUD Plat to the City of Aspen and shall state the following three conditions for the units: a. The deed restrictions on the affordable housing units shall be in perpetuity to the price terms as defined in the Aspen/Pitkin County Affordable Housing Guidelines in affect at the time of Amended PUD Final Approval of this application. b. The unit rental prices shall be no greater than allowed under the Affordable Housing Guidelines that are in affect at the time of Amended PUD Final Approval. c. The Housing Office shall qualify all tenants under the Affordable Housing Guidelines. 5 ~/~ ~? ,~,. .,s ~~ ~ e,.~~~~~~ ~' t,~ ,-.rte ; ~ f~- ~ ~~~ `i Joseph wells Land Planning 602 Midland Pazk Place Aspen, Colorado 81611 Phone: 970.925.8080 Facsimile: 970.920.4378 e-mail Address: WellsAspen~aoLcom TRANSMITTAL TO: ~~~ _ Cam/ FROM: ~i~ v " l// DATE: ~S ~~ RE: ~~~ NUMBER OF PAGES: (including cover) ~` L`(~~ ~ ~~G-- ~ fizz , e~ /!~c Y~L: fZT~E G~~ ~r ~~~~ _ ~TK ~~ y~ ~«~ epee ~ , afiCe.. ~e~/-~sa¢ ~ ~/~ «. d~iur~`ef ~ m ~e <~«__ G~f " ~ " ~ ~/ - .:> ... In Subject: St Regis App To: joyceo@ci.aspen.co.us Joseph Wells Land Planning 602 Midland Park Place Aspen, Colorado 81611 Phone: 970.925.8080 Facsi mi I e: 970.920.4378 e-mail Address: WeIlsAspen@aol.com February 4, 2003 Joyce Allgaier Ohlson, AICP Deputy Director, City of Aspen Community Development Dept. 130 S. Galena Street Aspen, CO 81611 Delivered by a-mail tojoyceo@ci.aspen.co.us Dear Joyce: I wanted to alert you to the fact that some of the page number references in the St. Regis application are incorrect. I wasn't happy with the output that I was getting from one of my printers so I moved the application into another computer so that I could re-print it from a different printer (a marginally successful effort, at best). The second computer has a different version of Word installed, and it affected the page layout slightly, so some of the page numbers throughout the final version are off by a page. I didn't catch the error until after the printing was completed. I think that in all cases, if you will just go to the next page after the page reference, you will find the relevant information. Sorry for the confusion. Sincerely, Joseph Wells Printed for Joyce Ohlson <joyceo@ci.aspen.co.us> ~ Joseph Wells Land Plannuig 602 Midland Pazk Place Aspen, Colorado 81611 Phone: 970.925.8080 Facsimile. 970.920.4378 e-mail Address: WellsAspen@aol.com _' TRANSMITTC-t!J~~~ 7b: FAX NUMBER: / u~ FROM: ~ /O ~ DATE: p~~ ~e/CI' COMMENTS: p ~/ L~_+ G@' ~~ o~~~GlGGOr- li.~ 4Yle ~'j2~~/~'~ ~7 /~. J ~l~/ G°~' . ~ `S~l~ ~ l~L cam- ""~_' ~D~ ~ ~Cf f /mot ~~l~P ~i~ f~ ~~eC ~~~ ~~~. i ~~ ~ ~, ~_ ~ ~Kr7~tfly' ~u /~ a~~„r ~~ ~ ~~c ,..,,~ •.~ MEMORANDUM TO: Plans were routed to those departments checked-off below: X ........... City Engineer X ......... Community Development Engineer X ........... Zoning Officer X ........... Housing Director X ........... Parks Department X ........... Aspen Fire Marshal X ........... City Water X ........... Aspen Consolidated Sanitation District X ........... Building Department X ........... Environmental Health X ........... Electric Department O ........... Holy Cross Electric O ........... City Attorney O ........... Streets Department O ........... Historic Preservation Officer O ........... Pitkin County Planning O ........... County & City Disaster Coordinator O ......... Transportation FROM: Scott Woodford, (scottw(a~ci.aspen.co.us~ Community Development Department 130 S. Galena St.; Aspen, CO 81611 Phone-920.5102 Fax-920.5439 RE: St. Reds Hotel, Aspen Mountain Subdivision PUD Lot 1 -Proposal is to convert 98 existing hotel units into 25 residential timeshare units and existing meeting room and accessory space on the Ballroom Level into a 15,000 square foot spa. No exterior changes are proposed. As part of this package of changes to the hotel, the owners also propose to finish 20 hotel rooms in Building C that were part of a previous approval. Those 20 rooms do not need further City approval other than filing for building permit. DATE: February 10, 2003 DATE OF DRC MEETING: February 19, 2003 at 1:30PM. • NOTE: IF YOU CANNOT ATTEND THE MEETING, PLEASE EMAIL YOUR COMMENTS TO JOHN NIEWHOEHNER (johnn@ci.aspen.co.us) BY NOON ON February 19, 2003. YOUR COMMENTS WILL BE INCORPORATED INTO THE DRC MINUTES. <. ~, .. ,, Joseph Wells Land Planning 642 lt~idlarnl Park Place Aspen, Colorado 81611 Phone: 970.925.8080 .Facsimile: 970.920.4378 e-mail Address: We1lsAspenQaoi.com January 24, 2003 Ms. Julie Ann Woods Director, Community Development Dept. City of Aspen Hand Delivered Dear Julie Ann: I am writing on behalf of SLT Aspen Dean Street, LLC, owner of the St. Regis, Aspen located on Lot One of the Aspen Mountain PUD / Subdivision. I am working with a team of consultants to prepare aland-use application to convert space within the existing hotel to other uses, as we have been discussing with your office, These proposed changes are entirely internal to the existing hotel. The exterior will be unaffected. Sec. 26.304.030.8 of the City Code, Common Development Review Procedure, requires the submission of a site impmvement survey certified by a registered land surveyor licensed in the State of Colorado, showing the current status of the parcel including the current topography and vegetation. The language goes on to provide that this requirement, or airy part thereof,-may be-waived by the Community Development Director if the project is determined not to warrant a survey document. Because the proposed changes are internal to the existing structure, we believe that an improvement survey illustrating the precise location of the existing exterior improvements on the cite will not have a bearing on the -City's discussions regarding these proposed internal changes and are therefore requesting that you waive the improvement survey requirement for this reason. If you have any questions or need additional information, please contact me as soon as possible. Thanks for your assistance. c~ Vicky Carter Gideon Kaufman WeIlsAspen@aol.com, St. Regis Hotel To: WeIlsAspen@aol.com From: Scott Woodford <scottw@ci.aspen.co.us> Subject: St. Regis Hotel Cc: Bcc: Attached: Joe, In response to your letter dated January 24, 2003, your request to waive the requirement of a site improvement survey has been approved by the Community Development Director. Sincerely, Scott Woodford Printed for Scott Woodford <scottw@ci.aspen.co.us> ~ ~, si 130 S. Galena St. Aspen CO 81611 ~ . (970)920-5090 (970) 920-5439, fax ~ = ~'~ To: Gideon Kaufman From: colt Woodford, (970) 920-5102 Fax: 70-925-1090 ages: (including cover page) Phone: Date: 12/20/02 Re: t. Regis PUD Amendment C: ^ Urgent x For Review ^ Please Comment ^ Please Reply ^ Please Recycle • Comments: Gideon, attached is the pre-application form for the amendments being proposed to the St. Regis, as discussed earlier this week. Scott. ITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY DATE: 12.19.02 PLANNER: Scott Woodford, 920-5102 (scottw@ci.aspen.co.us) PROJECT: St. Regis Hotel -Addition of Spa in Basement and Timeshare of Units in Building B REPRESENTATIVE: Gideon Kaufinan (925-8166) and Joe Wells (925-8080) OWNER: Starwood DESCRIPTION: Planned Unit Development Amendment to convert a portion of the meeting space in the basement of Building B to a spa and to timeshare the existing hotel units in Building B. The request would require Planning and Zoning Commission and City Council approval because Council is the final approving body for timeshare requests. Land Use Code Section(s): 26.590 Timeshare 26.445 Planned Unit Development (PUD), including PUD Amendment Review by: Staff for completeness of application, referral to applicable agencies for technical considerations (see below) and a Development Review Committee (DRC) meeting, then Planning & Zoning Commission and City Council for final approval. Public Hearing: Yes: P&Z and City Council for Final Review (Note: applicants must post the property and mail notice at least 15 days prior to hearing and shall provide proof of posting and mailing with an affidavit at the public hearing). Referral Agencies: Zoning, Fire Marshall, City Water, ACSD, Building Department, and Environmental Health Planning Fees: Major Fee $2,405 for 12 hours; $205/hr. for additional staff hours Referral Agency Fees: Environmental Health, Major ($345) Total Deposit: $2,750 To apply, submit the following information: 1. Proof of ownership with payment. 2. Signed fee agreement. 3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, 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. 5. Total deposit for review of the application. 6. 24 Copies of the complete application packet. P&Z = 10; CC = 7; Referral Agencies = 1/ea.; Planning Staff= 1 7. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 8. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) 9. 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. Please include existing conditions as well as proposed. 10. List of adjacent property owners within 300' for public hearing. The GIS department can provide this list on mailing labels for a small fee. 920.5453 11. Copies of prior approvals. 12. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disc (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. _~~, Joseph V11ells Land Planning 602 Midlar~ Park Place Aspen, c~l~do 61611 I'ho~ ~0.~~5.saso Facsimile: 970.920.437s e-ma~7 Address: wellsAspen~aol.com h3avember 19, 2Up2 ~Ir. Scott Woodford City Planner .Aspen Community Development Dept. 13U South Galena Aspen, Colorado 81611 Dear Scott: 14Iy letter is to canfirxn my latest understanding with regard to the Community Development Department's conclusion with regard to the 22 lodge units on the upper two floors of the Blue Spruce Building {also referred to as "Building C") of the St. Regis Hotel on Lot 1 of the Aspen lblountain P11D/Subdivision. You have concluded that the roams were not shown on the set of permit drawings for the hotel which your office reviewed recently and, as a result, we need to re-apply for a building permit, pay the relevant permit fees and obtain a new building permit prior taa proceeding with work on the interior finishes for these rooms. It is my understanding that there are no other fees or approvals required in order to obtain a building permit for these rooms. I had a message back from Stephen Kartipe, Chief City Building t~fficial, on this issue. Stephen has been out of town, but he called to confirm that it is his recollection, without having access to his files, that the rooms were, in fact, shown an the permit drawings up until some point near the completion of the hotel and then the owners requested approval of a change order in order to obtain a certificate of occupancy far the hatel.prior to the completion of these rooms. His input may be helpful in resolving the appt'opriate procedure far completion of these rooms. Thankyou for your help in resolving this matter. On this basis, we are going to authorize the architects to proceed with the preparation of required submittal drawings for a building permit request. a~ Gideon Kaufman c ~~~ ~~ Joseph wells Land Planning 602 Midland Park Place Aspen, Colorado 81611 Phone: 970.925.8080 Facsimile: 970.920.4378 {Temporary) e-mail Address: WellsAspen~aol.cam OCT 21 2002 BUILDING DEPARTMENT TRANSMTITAL ~_' ~: ~~ ~~~ FAX.'~I3~1+IBER: /1~~T / FRQ~i: 1.J6~, G/j/~L DATE: f ~ ~ ~ ~' - ~ i~ C~ ~ ~ ~~ ~ ~ /~ ~~ ~ ~G~:~~c~/a %~~ ~ ~~/~ ~~z~~ . ~ ~~~~ ~ /~7~ ~ / ~%2;~: Joseph Wells Land Planning 6(12 Mid]anc] Park Place Aspen, Ca]arada 81611 i't ~ Ci ne: 9 /U.92.~.8080 F'acsimile+ 970.'9~U.4378 e-mai] Address: We]]sAspen~aal.cam C~taber 11, 2~2 Mr. Scott ~!'oodford City Planner Aspen Community Development Dept. 13U South Galena Aspen, Colorado 81b11 Hand Delivered Dear Scott: `' bs^ As a follow-up to our discussion this morning regarding the St. Regis Hotel on Lat 1 of the Aspen Mountain PUDjSubdivision, I am providing you with a listing of all of the recorded drawings related to the PUD through 1993. I haven't checked the drawings, but I believe that the relevant drawings for the two floors of lodge rooms that we are referring to will be found in the Fifth Amended Plat drawings or the Sixth Amended Plat drawings. As you may know, the City Engineer keeps copies of the recorded drawings, in addition to the record set maintained in the County Clerk's records. Please let me know when you are ready to discuss this situation further. oseph Wells cue Gideon Kaufman C Memorandum .,~~,+,. ~wa+ Date: O~cbober 22,1992 To: Ferd Belt, Perry Harvey, Paul Donahue, Bob Hughes From: Joseph Wells, AICP Re: Revised Plat drawings, Aspen Mountain PUD/Subdivision I recently forwarded to Savanah and Bechtel prints of the Fifth Amended Plat drawings for the Aspen Mountain PI7D as recorded. In order to keep the set of Plat drawings in Savanah's conference room current, I have incorporated the Fifth Amended Plat drawings into Savanah's set and added a note to the sheets which have been superseded. Attached is an updated listing of the current Plat drawings as well as those which have been filed far approval as the Sixth and Seventh Amended Piats and are in the review process. All development must be consistent with the current Plat documents or further amendments must be recorded. The list attached to this memo indicates all of the drawings which have been recarded as pazt of the Aspen Mountain PtJD/Subdivision since 1985, the date recorded, the Book Page Number and their present status, Drawings which have not been superseded aze highlighted in bold type. Recorded Plat Drawings For the Aspen Mountain PUD/Subdivision Page 1 Prepared 3/2(}/90 (Revised 9/03/90,10/3/91, 3/5/92,10/1/92 & 9/7/95} by Joseph Wells Original Plat Recorded 12/2/85 (Reception No. 273671) Sheet No: Sheet Name: Book/Page: Status: 1 Cover Sheet/Vicinity Map 17199 superseded by 21/35 2 Dedication Sheet 18/01 superseded by 21/36 3 Final Subdivision Plat 1$/02 superseded by 21/37 4 Existing Conditions Plan 18/03 superseded by 21/38 5 Building Location Plan 18/04 superseded by 21/39 b Final PUD Plan 18/05 superseded b3' 21/40 7 Hazard Map 18/06 superseded by 21/41 L1 Phase I Tree Relocation Plan 18/07 1VOTE: L2 Phase II Tree Relocation Plan 18/08 L1 through L10 L3 Phase II Grading & Street Dimension Plan 18/09 superseded by L4 Phase I Site Development Masterplan 18/10 First Amended L5 Phase II Site Development Masterplan 1$/ 11 Plat Drawings L6 Phase II Planting Plan 18/12 recorded at L7 700 Galena Landscape Plan 18 J 13 Bk 21 J Pg 70 thru LS 700 Galena Grading Plan 18/14 Bk 21/Pg 77 L9 Summit Place Landscape Plan 18/15 (See Page 2 L10 Summit Place Grading Plan 18/16 below} Ul Utility Plan 18/17 superseded by 21/713 First Amended Plat (Amendments for the Ritz, Galena Place & Summit Place) Recorded 10/3/88 (Reception No. 304524) Sheet No: Sheet Name: Book/Page: Status: 1 Cover Sheet/Vicinity Map 21/35 current 2 Dedication Sheet 21/36 current 3 First Amended Subdivision Plat 21/37 suPed by 24/78 4 Existing Conditions Plan 21/38 current 5 Building Location Plan 21/39 superseded by 22/86 b Final PUD Plan 21/40 superseded by 22/87 7 Hazard Map 21/41 current Ul Utility Plan 21/78 current Drawings Added ~- First Amended Plat Architectural Cover Sheet 21/42 superseded by 22/88 Al Ballroom Level Plan 21/43 superseded by22/89 A2 Mezzanine Level Plan 21/44 superseded. by 22/90 A3 Entry Level Plan 21/45 superseded by 22/91 ~.~"" Recorded Plat Drawings `"~'"'` For the Aspen Mountain PUD/Subdivision Page 2 Drawings Added ~ First Amended Plat, cont. A4 Intermediate Level Plan 21/46 superseded, try 22/92 A5 Second Level Plan 21/47 superseded by 22/93 A6 Third & Fourth Level Plan 21/48 superseded by 22/94 & 95 A7 Fifth Level Plan 21 /49 superseded by 22/96 A8 Sixth Level Plan 21 J50 superseded by 22/97 A9 Roof/Site Plan 21/51 superseded by 22/98 A10 Dean Street and Corner Tower Elevations 21/52 superseded by 22/99 A21 Mill Street Elevation 21/53 superseded by 23/01 A12 Monarch Street Elevation 21/54 superseded by 23/02 A13 South Elevatian 21/55 superseded by 23/03 A14 East Caurtyard Elevatian 21 / ~, ~p~ }~, 23/04 A15 1°Yest Courtyard Elevation 21/57 superseded ~' 23/05 A16 North Courtyard Elevation 21/58 superseded. by 23/06 A17 Blue Spruce Elevation (Durant & Monarch) 21/59 superseded by 23/07 A18 Blue Spruce Elevations (Dean & Mill) 21/60 superseded by 23/08 A19 Galena Place Garage Plan 21/61 current A20 Galena Place Gmund Level Plan 21/62 current A21 Galena Piac~e Second Level Plan 21/63 current A22 Galena Place Third Level Plan 21/64 current A23 Galena Place Elevations 21/65 current A24 Galena Place IIevations 21/65 current A25 Summit Place Plans 21/67 superseded by 24/81 A26 Summit Place Plans 21/68 superseded. by 24/82 A27 Summit Place Elevatians 21/69 superseded by 24/83 Ll Phase I Tree Relocation Plan 21/70 superseded by 23/09 L2 Phase I Grading Pian 21 / 71 superseded by 23/ 10 L3 Phase I Planting Plan 21 172 superseded by 23/ 12 L4 Lot 1 open Space Calculations 21 /73 superseded by 23/ 12 LS Galena Place Landscape Plan 21/74 current L6 Galena Place Grading Plan 21/75 current L7 Swnmit Place Landscape Plan 21/76 superseded by 24/84 L8 Summit Flare Grading Flan 21 /?7 superseded by 24/85 Second Amended Plat (Insubstantial Amendments for the Ritz) Recorded 7/13/89 (Recep#ian No. 313285) Sheet No: Sheet Name: Book/Page: Status: 5 Buildutg Location 22/86 superseded by 24/79 6 Final PLiD Plan 22/87 superseded b3' 24/80 Architectural Cover Sheet 22/88 s~uPerseded by 25/50 Al Ballroom Level Plan 22/89 superseded by 25/51 A2 Mezzanine Level Flan 22/90 superseded by 2;5/52 A3 Entry Level Plan 22/91 superseded by 25/53 '""' Rernrded Plat Drawings For the Aspen Mountain PUD/Subdivision Page 3 Second Amended Plat, cont. A4 Intermediate Level Plan 22/92 superseded by 25/54 A5 Second Level Plan 22/93 superseded by 25/55 A7 Fifth Level Plan 22/96 superseded by 25/58 AS Sixth Level Plan 22197 superseded by 25/59 A9 Roof/Site Plan 22/98 superseded by 25/6(} Ala Dean Street and Corner Tower Elevations 22/99 superseded by 25/61 All Mill Street Elevation 23Ja1 superseded by 25J62 A12 Monarch Street Elevation 23/x2 superseded by 25/63 Ala South Elevation 23/x3 superseded by 25/64 A14 East Courtyard Elevation 23J04 superseded by 25/65 A15 Nest Courtyard Elevation 23Ja5 superseded by 25/66 A16 North Courtyard Elevation 23/ob superseded by 25/b7 A17 Blue Spruce Elevation (Durant & Monarch) 23ia7 superseded by 25/68 Alb Blue Spruce Elevations (Dean & Mill) 23/x8 superseded by 25/69 L1 Phase I Tree Relocation Plan 23 J a9 superseded by 25/ 70 L2 Phase I Grading Pian 23 J 10 superseded by 25/ 71 L3 Phase I Planting Plan 23/11 superseded. by 25/72 L4 Lot 1 Open Space Calculations 23J12 superseded by 25/73 Drawings Added ~ Second Amended Plat --- Certification Sheet 22/85 cerrrent A6 Third Level Flan 22J94 supFerseded by 25/56 A6A Fourth Level Plan 22J95 s'~ded by 25/57 Third Amended Plat (Insubstantial Amendments for Summit Place) Recorded 8/28/90 (Reception No. 325683) Sheet No: Sheet Name: Book/Page: Status: 3 Third Amended Subdivision Plat 24J78 superseded by 3aj70 5 Building Location Plan 24/79 current 6 Final PUD Plan 24J8a superseded by 25/74 A25 Summit Place Plans 24/81 current A26 Summit Place Plans 24/82 current A27 Swnmit Place Elevations 24/83 current L7 Summit Place Landscape Plan 24/84 current L$ Summit Place Grading Plan 24/85 current Drawings Added ~ Third Amended Plat - Certification Sheet 24/77 current ` ~""+. Recorded Plat Drawings For the Aspen Mountain PUD/Subdivision Page 4 Fourth Amended Plat (Insubstantial Amendments for the Ritz) Recorded 12/28/90 (Reception No. ?) Sheet No; Sheet Name: Book/Page; Status; Architectural Cover Sheet 25/50 superseded by 29/72 Al Ballroom Level Plan 25/51 superseded by 29/73 A2 Mezzanine Level Plan 25/52 superseded. by 29/74 A3 Entry Level Plan 25/53 superseded by 29/75 A4 Intermediate Level Plan 25/54 superseded by 29/76 A5 Second Level Plan 25155 superseded by 29/77 A6 Third Level Plan 25/56 superseded by 29/78 A6A Fourth Level Plan 25/57 superseded by 29/79 A7 Fifth Level Plan 25/58 superseded by 29180 A8 Sixth Level Plan 25/59 superseded by 29/81 A9 Roof/Site Plan 25/60 superseded by 29/82 A10 Dean Street and Corner Tower Elevations 25/61 superseded by 29/83 A11 Mill Street Elevation 25/62 superseded. by 29/84 A12 Monarch Street Elevation 25J63 ~p~ by 29/g5 A13 South Elevation 25/~ ~~~ by Zg/gb A14 East Courtyard Elevation 25/6.5 superseded by 29/87 A15 West Courtyard Elevation 25/x; ~p~~ by 29/88 A16 North Courtyard Elevation 25/67 superseded by 29/89 A17 Blue Spruce Elevation (Durant & 1Vlonarch) 25/68 superseded by 29/90 A18 Blue Spruce Elevations (Dean & Mill} 25/69 superseded by 29/91 L1 Phase I Tree Relocation Plan 25/70 superseded b3' 29/92 L2 Phase I Grading Plan 25/71 superseded by 29/93 L3 Phase I Planting Plan 25/72 superseded by 29/94 L4 Lot 1 C)pen Space Calculations 25/73 superseded by 29/95 6 Final PUD Plan 25174 superseded by 29196 Drawings Added ~ Fowrth Amended Plat --- Certification Sheet 25/49 current 29/71 Fifth Amended Plat (Insubstantial Amendments for the Ritz) Recorded 10/I/92 (Reception No. 349187) Sheet No: Sheet Name: -- Architectural Cover Sheet 29/72 current Al Ballroom Level Plan 29/73 current A2 Mezzanine Level Plan 29/74 current Recorded Plat Drawing ~ ~`~"~ For the Aspen Mountain PUDjSubdivision Page 5 Fifth Amended Plat, cant. A3 Entry Level Plan 29/75 superseded by 30/65A A4 Intermediate Level Plan 29/76 superseded by 30/b5B A5 Second Level Plan 29177 superseded by 30jb6 A6 Third Level Plan 29/78 current ~ A6A Fourth Level Plan 29/79 current / ~ ca~~ ~~ ~r ~ A7 Fifth Level Plan 29/80 current A8 Sixth Level Plan 29/81 current ~ A9 Roof/Site Plan 29/82 superseded by 3Q/67 A10 Dean Street and Corner Tower Elevations 29/83 current A11 Mill Street Elevation 29/84 current A12 Monarch Street Elevation 29/85 current A13 South Elevation 29/86 current A14 East Courtyard Elevation 29/87 current A15 West Courtyazd Elevation 29/88 current Alb North Courtyard Elevation 29/89 current A17 Blue Spruce Elevation (Durant & Monarch} 29/90 superseded by 30/68 A18 Blue Spruce Elevations (Dean & Mili} 29/91 current L1 Phase I Tree Relocation Plan 29192 current L2 Phase I Grading Plan 29/93 current L3 Phase I Planting Plan 29/94 current L4 Lot 1 Open Space Calculations 29/95 current 6 Final PIID Plan 29/96 current Drawings Added ~ Fifth Amended Plat -- Certification Sheet 29/71 current Sixth Amended Plat (Insubstantial Amendments for Lot 1) Recorded2/9/93 (Reception No. 353804) (See Agreement in Bk 703 ~ Pg 222) Sheet No: Sheet Name: A3 Entry Level Plan A4 Intermediate Level Plan A5 Second Level Plan A9 Roof/Site Plan A17 Blue Spruce Elevation (Durant & Monarch) 30/65A current 30/65B current / hks ;~~ ~~ ~o~ w.~~5 I~'~..~~ ~'~i 30/66 current / c~ ~ ~ ~ ~'~l 30/67 current 30/68 current Drawings Added ~ Sixth Amended Plat --- Certification Sheet 30/65 current .,,~ ... Recorded Plat Drawings For the Aspen Mountain PUD/Subdivision Page 6 Seventh Amended Plat (Amendments for Lots 5 & 6- Ice Rink) Recorded 2/9/93 {Reception No. 353805) Sheet No: Sheet Name: 3 Fourth Amended Subtlivision Plat (Creating Lot 6) 30/70 current Drawings Added ~ Seventh Amended Plat --- Certification Sheet 30/69 carrent 6A Final PLTD Plan, Lot 6 30/71 currea# A2$ Skate Rental Building Architectural Plans 30/72 current A29 Skate Rental Building Architectural IIevations 30)73 current A30 Rink Maintenance Bldg Architectural Plans 30/74 current A31 Rink Maintenance Bldg Architectural Elevations 30/75 current L9 Lot 6 Layout & Grading Plan 30176 current L10 Lot 6 Existing Trees/Planting Plan 30/77 current {Does Not Include Amendments to Lot 3, Top of Mill, Recorded in Bk 69 ~ Pgs 4 thru 30) ~~ '°~' ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ~~~ ~ 1~%~~~ w~~- ~ As en CO P SCHEDULED PUBLIC HEARING DATE: ~~ , Z00~ STATE OF COLORADO ss. County of Pitlcin ) ~s ~/-~/ I, ~ ~ G~(/ !~~ name lease ri ( , r r nt> 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. ~osting of notice: B ostin of notice which fo Y P g rm was obtained from the Commiuiity 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 (/ days pri r t the public hearing and was continuously visible from the ay of 20Q~, to and including the date and time of the public 1 /hearing. A photograph of the posted notice (sign) is attached hereto. I/ Mailing of notice. By the mailin of a notice obtained fr S om 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 any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. ~'he names and addresses of property owners shall be those on the current tax records of Pitlcin 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. (continued on next page) ~, ..;,~ 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 has been available for public inspection in the planning a cy durm 11 busi ss h or fifteen (15) days prior to the public hearing n such amend ents. x~~`~~ ,~ The foregoing "Affidavit of Notice" was acknowledged before me this day of yV~,t , 200 ~ , by WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL PllBLI~ I~OTIC~ s r . , is ~ . - ...~ .,-:; .,- .., ~.,.. - :; _ , .. , "w#` ,. T '~ / F t i y t e+' f :' f,~' E~ ~. ''`,''y.+~r'"x ,~;;t~~ ;'%/~~ ~~- ,~ .j;/~`', f{b, . r~ ~~-r .r :; ',.r • ':.Ylf''i~+,°t~'^ ~,I~fr? u,s;;, ~,r r` ~ ,/3 ~v . t 1" :.~ • 'x 5... rt .. Y ,{ :~: X, i~ % i{ },~.r! J ,~~: /'_' f!/~"r~ ~~S .. f/!~"v~' ~ ~ ~~ -s ,, ~ , f ,,, _`- ~~' ~ ~ r a ~ v /~~ l~~f.",j~' .~ R~ i'.~. s~ '~ /f /'. ~ b ~ .~„ ., ~` m.1M _ .. , ..a..~~,uk2 ..~ .AR Wa1-anYA,,:, .~ .. .. .. , 4.w.ave»a r1 r. _.. _... .~...:.. 4 ~~5~~ a Y' } i (~ #~ E r ~ z'"~" a r?~"9 s ra ~x ~ s ~ 3 ~ a8} ~ ~ i?tM f'~x ~nra.. ~ , 1l ti i ~}.4 obi ~., ,Y_ 7ka r, Smooth Feed SheetsT"" ALYEMENI MOHAMMED & ALICE ANDERSON BRUCE J 819 LINWOOD RD 700 S MONARCH #207 MOORESVILLE, NC 28115 ASPEN, CO 81611-1854 ': ASPEN SKIING COMPANY PO BOX 1248 ASPEN, CO 81612 BALDERSON CABELL LLC C/O BURKE AND NICKEL 3336E 32ND ST STE 217 TULSA, OK 74135 BATMALE MARK PO BOX 9345 ASPEN, CO 81612 -; BENT FORK LLC C/O FESUS GEORGE POBOX9197 ASPEN, CO 81612 BILLINGSLEY FAMILY LP 1206 N WALTON BLVD BENTONVILLE, AR 72712 BRIDGE TIM 300 PUPPY SMITH ST STE 203-225 ASPEN, CO 81611 CASTELLANO W A & MARY B 1/2 INT 1001 MIDWEST CLUB OAKBROOK, IL 60521 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 COLE CONSTANCE P 1647 E MAPLEWOOD AVE LITTLETON, CO 80121 ~//w~ e~~CiI~VQ2~ Aa/dMAC'C ~ ~EfA~ ASPEN-DOLOMITE ASSOC #6 C/O BRIAN MCELWEE 120 S WARNER RD KING OF PRUSSIA, PA 19406 BANNON SUSAN B 8232 AVALON DR MERCER ISLAND, WA 98040 BECKMAN SUSAN R P O BOX 8167 ASPEN, CO 81612 BESMAN PASCAL & LINDA 133 WOOLEYS LN GREAT NECK, NY 11023-2342 BLEILER JUDITH A PO BOX 10220 ASPEN, CO 81612 BRIGHT GALEN PO BOX 1848 ASPEN, CO 81612 CHIATE KENNETH R & JEANNETTE 20628 ROCKCROFT MALIBU, CA 90265 CLAYCOMB J BARRY 3157 D PINEHURST DR LAS VEGAS, NV 89109 CROW MARGERY K & PETER D 46103 HIGHWAY 6 & 24 GLENWOOD SPRINGS, CO 81601 Use template for 5160® ASPEN ALPENBLICK NO 3 LLC 211 VINE ST DENVER, CO 80206 BAKER CHARLES E JR 50% 333E 75TH NEW YORK, NY 10021 BATES NATHANIEL B TRUST PO BOX 9909 ASPEN, CO 81612 BENNETT WOOD INTERESTS LTD PO DRAWER 1011 REFUGIO, TX 78377 BIELINSKI JUDITH 2121 TROWBRIDGE CT GLENVIEW, IL 60025 BOUNDY RICHARD R 906 W SUGNET RD MIDLAND, MI 48640 BUSH STEVEN S 0046 HEATHER LN ASPEN, CO 81611 CHILDS EVELYN 0284 COUNTY RD 102 CARBONDALE, CO 81623 COHEN ARTHUR S IBSEN 72 MEXICO CITY MEXICO, 11560 CYS RICHARD L AND KAREN L 5301 CHAMBERLIN AVE CHEVY CHASE, MD 20815 Smooth Feed SheetsT"' DAVIS CAROL L 9182 OLD KATY RD STE #215 HOUSTON, TX 77055 DIXON ROGER M 3141 HOOD ST 6TH FLOOR LEE PARK CENTER DALLAS, TX 75219 DONCER JOYCE TRUSTEE FOR THE DONCER JOYCE L TRUST 7641 W 123RD PL PALOS HEIGHTS, IL 60463 EAST JAMES COLLIER TRUSTEE 5800 R ST LITTLE ROCK, AR 72207 ELMORE DAVID G 75% 1334 PARKVIEW AVE STE 210 MANHATTAN BEACH, CA 90266 EVANS DAVID COURTNEY PO BOX 952 ASPEN, CO 81612 FINKLE ARTHUR A & AMELIA 2655 LE JEUNE RD PENTHOUSE #1 CORAL GABLES, FL 33134 FLYNN MICHAEL T 2021 1ST AVE #TG SEATTLE, WA 98121 FRANCIS DAVID M 18% C/O GOUGH LAMB CLEANERS 907 CHARLES ST MIDDLETOWN, OH 45042 DEAN PHILLIPS INC TOWN AND COUNTRY BANK 524 N 30TH ST QUINCY, IL 62301 DOLINSEK JOHN 619 S MONARCH ST ASPEN, CO 81611 DUBS DAVID CRAIG 2165 E OCEAN BLVD NEWPORT BEACH, CA 92661 EDGAR ROBERT G 167 COUNTRY CLUB DR GROSSE POINTE, MI 48236-2901 ERICKSON CLAIRE L & BETTY LOU 1231 INDUSTRIAL RD HUDSON, WI 54016 FAIRHOLME INVESTMENTS LTD C/O MARINI & ASSOCIATES TWO S BISCAYNE BLVD STE 3580 MIAMI, FL 33131 FLAGSTAD DANIEL G & MARY J 715 E SCRANTON AVE LAKE BLUFF, IL 60044 FORD WARWICK S & NOLA M 6 ELLERY SQUARE CAMBRIDGE, MA 02138 Use template for 5160® DISALVO MARCIA J PO BOX 12291 ASPEN, CO 81612 DONCER JOYCE TRUST 7641 W 123RD PL PALOS HEIGHTS, IL 60463 DUFF DAVID A TRUSTEE PO BOX 305 CHAVIES, KY 41727 ELDER TRUST ELDER JERRY TRUSTEE PO BOX 308 LA JOLLA, CA 92038-0308 ETKIN DOUGLAS M & JUDITH G 29100 NORTHWESTERN HWY STE 200 SOUTHFIELD, MI 48034 FASCHING HAUS CONDOMINIUM ASSOC INC 747 S GALENA ST ASPEN, CO 81611 FLAVIN PATRICIA ANNE 400E 20TH ST #10-10 NEW YORK, NY 10009 FORT BERNARDO & LAURINDA SPEAR 3315 DEVON CT COCONUT GROVE, FL 33133 FRANCIS ROBERT A TRUSTEE 18% !FREEDMAN MICHAEL & NANCI WOLF 0201 HEATHER LN 32460 EVERGREEN ASPEN, CO 81611 BEVERLY HILLS, MI 48025 FREIRICH MARK A PO BOX 774056 STEAMBOAT SPRINGS, CO 80477 ~/%~\ OVERV® Arlrlraec FRIEDKIN THOMAS H 7701 WILSHIRE PL STE 600 HOUSTON, TX 77040 FRONSDALARNE HUNDSUNDVEIEN 35 1368 SNAROYA NORWAY, i ~~~, Smooth Feed SheetsT"" GABRIELLE BRIEGITTE M TRUST PO BOX 12011 ASPEN, CO 81612 *, GARRISON JAMES GARDINER & AMY 12 GREENWAY PLAZA 8TH FLOOR HOUSTON, TX 77046 GIANULIAS JIM & MARILYN H PO BOX 2990 NEWPORT BEACH, CA 92658 GOOCH WILLIAM A 2021 1ST AVE #TG SEATTLE, WA 98121 GRAY W CALVIN JR & CONSTANCE M PO BOX 140 CENTREVILLE, MD 21617-0140 HAGER FRANCES C/O ASPEN LODGING CO MGT 747 GALENA ST ASPEN, CO 81611 HANSEN BRUCE G KEEPER OLIVE C/O 2020 S ONEIDA ST STE 210 DENVER, CO 80224 HATCHER HUGH S & JENNIFER M 2806 DUMBARTON ST NW WASHINGTON, DC 20007 HEMMETER GEORGE MEAD MD 1900 MYRTLE ISLAND DR LAS VEGAS, NV 89117 HILLMAN RICHARD HAYES TRUST 13562 D ESTE DR PACIFIC PALISADES, CA 90272 GAME JAMES A & MICHAELA P O BOX 451 PALISADE, CO 81526 GETTEL JAMES C 3480 BEE RIDGE RD SARASOTA, FL 34239 GLATTS HUGH 2735 MEADOWLARK LN WEST PALM BEACH, FL 33409 GOULD JAMES J & ELLEN M PO BOX 5098 SNOWMASS VILLAGE, CO 81615 GRIGSBY GEORGE T JR PO BOX 145 HOLLY SPRINGS, NC 27540 Use template for 5160® GARDNER CHARLES L GARDNER RITA WALSH 840 LOCUST AVE WINNETKA, IL 60093 GHANEM MICHAEL C/O FOREIGN CARS CNTL INC 70 SW 10TH ST ' DEERFIELD BEACH, FL 33441 GOLDSMITH ADAM D PO BOX 9069 ASPEN, CO 81612 GRAND ASPEN LODGING LLC 1000 S MILL ST ASPEN, CO 81611-3800 GUEST KELLEY & CATHERINE PO BOX 5578 CARMEL, CA 93921 HALL THOMAS L PERS INCOME & ASSET HANSEN BRUCE TRUST ED MONGE REMAX PROPERTY MGMT 15145 PAWNEE CIRCLE 23284 TWO RIVERS RD STE 11A LEAWOOD, KS 66224 BASALT, CO 81621-9262 HANSEN BRUCE G 2020 S ONEIDA ST #210 DENVER, CO 80224 HARDEN SHEILA 8111 CAMINITO MALLORCA LA JOLLA, CA 92037 NEARBY BARBARA B & PETER S 131 TREASURE HILL SOUTH KENT, CT 06785 HIBBERD LORNA W FAMILY TRUST PINE ISLAND RYE, NY 10580 HOLLAND HOUSE SKI LODGE INC COLORADO CORP PO BOX 182 ASPEN, CO 81612 HEATH HETTA S TRUSTEE 606 N SPRING ST ASPEN, CO 81611 HILL EUGENE D III & JOAN L TRUST 3910 S HILLCREST DR DENVER, CO 80237 NORTON KAREN JANE TRUST 588 S PONTIAC WAY DENVER, CO 80224 n Smooth Feed SheetsT"" J & E HANSEN LLC C/O EDWARD HANSEN 204 E DURANT AVE ASPEN, CO 81611 JAEGER WILLIAM N 439 N DOHENY DR BEVERLY HILLS, CA 90210 KERR WAYNE & CATHY 2374 FOOTHILLS DR S GOLDEN, CO 80401 KOSFIELD ASPEN LLC NATIONSBANK TOWER 100 S E 2ND ST STE 2800 MIAMI, FL 33131-2144 KULLGREN NANCY A 205 E DURANT AVE UNIT 2-C ASPEN, CO 81611 LEFROCK JACK L & BARBARA S 647 WATERSIDE WY SARASOTA, FL 34242 LEWIS PERRY HEARTLAND PARTNERS 55 RAILROAD AVE GREENWICH, CT 06830 LLOYD ASSOCIATES DAVID LLOYD ASSOC LTD 12 LEYS RD OXSHOTT SURREY ENGLAND KT2200E, LONG CHARLES R 5207 CHAPS CT COLUMBUS, OH 43221 LOVETT WELLS T & MARY M 18 STONE CREEK PK OWENSBORO, KY 42303 JACOB PAUL MITCHELL 400E 20TH ST #10-D NEW YORK, NY 10009 KAPLAN BARBARA 3076 EDGEWOOD RD PEPPER PIKE, OH 44124 KIRLIN DONALD W 25% INT PO BOX 3097 QUINCY, IL 62305 KOSWISHFIELD ASPEN LC 100 S E 2ND ST STE 2800 MIAMI, FL 33131-2144 KWEI THOMAS AND AMY 30 LAKE ONIAD DR WAPPINGERS FALLS, NY 12590-3853 LEVIN BARYON J AND NANCY M 701 S MONARCH ST #6 ASPEN, CO 81611 LIEBEL CRAIG E 814 PLUM ST CINCINNATI, OH 45202 LOCHHEAD RAYMOND R & EMILIE M 200 SHERWOOD RD PASO ROBLES, CA 93446 Use template for 5160® JACOBI ATHOLE G MD SUTTON TERRACE #308 BALA CYNWYD, PA 19004 KELTNER DONALD H 12100 WILSHIRE BLVD #730 LOS ANGELES, CA 90025 KLEINER JOHN P 55 SECOND ST COLORADO SPRINGS, CO 80906 KRIBS KAREN REV LVG TRST PO BOX 9994 ASPEN, CO 81612 LEASURE BRIAN J 410 BOYD DR CARBONDALE, CO 81623-9248 LEVY HELEN JOAN TRUST 421 WARWICK RD KENILWORTH, IL 60043 LIMELITE INC PAAS LEROY G 228 E COOPER AVE ASPEN, CO 81611 LOFLAND DAVID WESLEY 50% PO BOX 1327 ASPEN, CO 81612 LONG CHRISTOPHER M & WARNER B LONG GODFREY M JR 1098 ST LOUIS PLACE 7755 ANNESDALE DR ATLANTA, GA 30306 CINCINNATI, OH 45243 LOWE JAMES H 8232 AVALON DR MERCER ISLAND, WA 98040 M & M INVESTMENTS C/O MAYER CHARLES 679 BRUSH CREEK RD ASPEN, CO 81611 n Smooth Feed SheetsT"" MACAPA CORP 9465 WILSHIRE BLVD STE 400 BEVERLY HILLS, CA 90212 MARSH JAMES W & BEVERLY M 815 TROPICAL CIR SARASOTA, FL 34242 MCVICKER JULIET PO BOX 567 MIDDLEDURY, VT 05753 MILLER BECKY B & PETER C 200-06 CROSS ISLAND PKWY BAYSIDE, NY 11360 MITTLEMAN DAVID 2735 MEADOWLARK LN WEST PALM BEACH, FL 33409 MONTGOMERY M MEAD & ANNE M 945 OLD GREEN BAY RD WINNEKTA, IL 60093 MOUNTAIN CHALET ENTERPRISES INC 333 E DURANT AVE ASPEN, CO 81611 NARDISTEPHENJ PO BOX 641997 CHICAGO, IL 60664-1997 MARK CAROL PO BOX 9283 ASPEN, CO 81612-9283 MARUER JANIE K OPRT 10585 N MERIDIAN ST #101 INDIANAPOLIS, IN 46206 MEHRA RAMESH TRUSTEE 3115 WHITE EAGLE DR NAPERVILLE, IL 60564 MILLER DON E 300 MERCER ST APT 31 H NEW YORK, NY 10003 MOLITOR RONALD A & JOAN A 8696 SWAN KALAMAZOO, MI 49009 MOORE ISABEL D TRUSTEE 50% 0426 WHITEBRIDGE LN ST LOUIS, MO 63141 MSE ASPEN HOLDINGS LTD 1575 PONCE DE LEON FORT LAUDERDALE, FL 33316 ,,,,~ Use template for 5160® NILES LARRY & LILY 2001 TRUST NILES LAURENCE EUGENE & LILY YEE 1172 BIENVENIDA AVE PACIFIC PALISADES, CA 90272 NORTON PATRICK J JR O NEAL PROPERTIES LLC 507 SPRING VALLEY DR 205 E DURANT AVE RALEIGH, NC 27609 ASPEN, CO 81611 OLSEN MARSHALL G & SUSAN A ONEILL ROGER 4404 GREENWOOD DR PO BOX 711 BENTON HARBOR, MI 49022 LAKE GENEVA, WI 53147-3579 MARMONT LOIS O PO BOX 9572 ASPEN, CO 81612 MAURER MICHAEL S OPRT 11550 NMERIDIAN ST #115 CARMEL, IN 46032 MIDDELBERG MARIA B DBA MODETTE 150 PURCHASE ST RYE, NY 10583 MILLER LELAND L 11575 FOLSOM PT LN FRANKTOWN, CO 80116 MONIGLE ETHEL M 3200 OHIO WAY DENVER, CO 80209 MOORE JOHN W 50% 10426 WHITEBRIDGE LN ST LOUIS, MO 63141 MURCHISON ANNE A PO BOX 8968 ASPEN, CO 81612 NOREN LARA L & STEPHEN C 10927 BRIGANTINE DR INDIANAPOLIS, IN 46256-9544 OLD RELIANCE INSURANCE COMPANY 25% PO BOX 13150 PHOENIX, AZ 85002 OSTERMAN MICHAEL & LINDA LUCE PO BOX 262 PETTERSVILLE, NJ 07979 I~~ Smooth Feed SheetsT"" ~,. PASCO PROP LLC SMITH PATRICK A P 0 BOX 688 BLOOMFIELD HILLS, MI 48303 PETROVICH NICK D PETROVICH ROSA DEL CARMEN FERNANDEZ C/O FRIAS PROP OA ASPEN-730 E DURANT AVE ASPEN, CO 81611-2072 PLATYS DEBBIE ANN 3513 CAMDEN DR LONGMONT, CO 80503 „~„~ Use template for 5160® PASOUINELLI SALLIES PATRICK GARY R & PATRICIA A 747 S GALENA ST #9 537 MARKET ST STE 202 ASPEN, CO 81611 CHATTANOOGA, TN 37402 PICARD DEBORA J .PILOT CURTIS F 601 S MONARCH #3 10204 E SHERI LN ASPEN, CO 81611 ENGLEWOOD, CO 80111 __._ _ _ _ PLATYS JOHANNA E POLLOCK WILLIAM HARRISON 740 FLAGSTAFF RD PO BOX 2421 BOULDER, CO 80302 .ASPEN, CO 81612 PRITCHARD BARBARA M 50% RAMYEAD VISHNU & TEIKA REARDON GENE F & DIANA 333E 75TH 6161 WOODLAND VIEW DR PO BOX XX NEW YORK, NY 10021 WOODLAND HILLS, CA 91364 ASPEN, CO 81612 RHOADES CHRISTINE ANN LYON LIVING __ RIDOUT WAYNE E & ROBBYE L _ __ ROANOKE INVESTORS LP TRUST 35 COUNTRY CLUB CIR 109 CLUB CREEK CT 644 GRIFFITH WY AR 72143 SEARCY PO BOX 17 LAGUNA BEACH, CA 92651 , ST ALBANS, MO 63073 ROARING FORK PROPRIETARY LLC 2519E 21ST ST TULSA, OK 74114 ROLF ROBERT WILLIAM 747 GALENA ST ASPEN, CO 81611 ROMER FRANK L & MARCY L 10204 E SHERI LN ENGLEWOOD, CO 80111 ROOKE JOAN ELIZABETH P O BOX 1035 REFUGIO, TX 78377-1035 SALITERMAN LARRY 133 ROBINSON RD #11 ASPEN, CO 81611-2381 ROSE EDWARD D & JULIE 1/2 INT 1001 MIDWEST CLUB OAKBROOK, IL 60521 SALITERMAN MARK A & BETH D DIAMOND HILL CENTER 4301 HWY 7 STE 100 ST LOUIS PARK, MN 55416 S C JOHNSON AND SON INC TAX DEPT 412 1525 HOWE ST RACINE, WI 53403 SANCHEZ MARIA J & AR JR PO BOX 2986 LAREDO, TX 78044 SCHAINUCK LEWIS I & MICHELLE T SCHAYER CHARLES M III SCHERER ROBERT P III 5750 DOWNEY AVE STE 206 588 S PONTIAC WAY 217 GOLDENROD AVE LAKEWOOD, CA 90712-1468 DENVER, CO 80224 CORONA DEL MAR, CA 92625 SCHERER ROBERT P JR SCHIMBERG HENRY & LINDA TRUST SCHROEDER C M JR 167 COUNTRY CLUB DR 2877 PARADISE RD SCHROEDER BETTY ANN GROSSE POINTE, MI 48236-2901 LAS VEGAS, NV 89109 3629 ROCKBRIDGE RD COLUMBIA, SC 29206 tn1 Smooth Feed SheetsT^" ~-, SHAW GEORGE G 101 HIGH ST DENVER, CO 80218 SILVER CIRCLE RINK LLC ICE RINK 1000 S MILL ST ASPEN, CO 81611-3800 SKIERS CHALET LLC C/O R J O'CALLAHAN 132 WEST BSTREET - STE 230 PUEBLO, CO 81003 SOLOMON GARY L 3139 N LINCOLN CHICAGO, IL 60657 SPAULDING RICHARD W & THOMPSON ELEANOR M AS JT TENANTS PO BOX 292 CONCORD, MA 01742 STANTON JAMES C/O WORLD-WIDE HOLDINGS CORP 150E 58TH ST NEW YORK, NY 10155 STRAWBRIDGE GEORGE JR 3801 KENNETT PKE BLDG #B-100 WILMINGTON, DE 19807 TOWNE PLACE OF ASPEN CONDO ASSOC INC C/O ASPEN LODGING COMPANY 747 S GALENA ST ASPEN, CO 81611 VELMAR A COLORADO CORP C/O GRUPO DE MAR S A D E C V 747 S GALENA #F 204 ASPEN, CO 81611 WAPITI RUNNING LLC PO BOX 1003 ASPEN, CO 81612 ~,,„~ Use template for 5160® SHEFFER BARBARA & DOUGLAS SHINE FAMILY LLC PO BOX 250 8677 LOGO 7 CT ASPEN, CO 81612 INDIANAPOLIS, IN 46219-1430 SILVERMAN MARC A & MARILYN L SIMON HERBERT 937 DALE RD 8765 PINE RIDGE DR MEADOWBROOK, PA 19046 INDIANAPOLIS, IN 46206 SMITH CARLETON K SMITH RONA K 1 PARK PL 1742 HILLSIDE RD BRISTOL, VT 05443 STEVENSON, MD 21153 SOUTH POINT CONDOMINIUM SOUTHPOINT-SUMNER CORP ASSOCIATION 4828 FORT SUMNER DR 205 E DURANT AVE #2F BETHESDA, MD 20816 ASPEN, CO 81611 SPEYER LESTER D PR TST STANFORD JOHN C/O TENNSCO CORPORATION C/O LEE MILLER PO BOX 1888 747 S GALENA DICKSON, TN 37056-1888 ASPEN, CO 81611 STENEMAN MARY JANE & ROBERT STEWART STAN & RITA 170 WILDHURST RD 10 GELDERT DR TONKA BAY, MN 55331 TIBURON, CA 94920 TAVEL MORTON & CAROL THURBON ROBERT W JR 1139 FREDERICK DRS 7755 ANNESDALE DR INDIANAPOLIS, IN 46260 CINCINNATI, OH 45243 TRIPP PAUL VANTONGEREN HAROLD V & LIDIA M 231 MARGARET ST 2000E 12TH AVE BOX 8 KEY WEST, FL 33040 DENVER, CO 80206 WALDE WILLIAM L & D GAY WALTERS 1/5 & ROLLINS 1/5 & GORMAN 233 BARYON AVE 1/5 FL 33480 WEST PALM BEACH SMITH 1/5 & BONDS 1/5 , 7350 W FAIRVIEW DR LITTLETON, CO 80128 WARGASKI ROBERT E TRUST WEBSTER HUNTER M 30353 N DOWELL RD PO BOX 2366 MCHENRY, IL 60050 ASPEN, CO 81611 A Smooth Feed SheetsT"" Use template for 5160® ~ WEEKS WILLIAM H WEIGAND N R WELCH PATRICK T & DEBORAH P JOHNSON-WEEKS FAMILY OFFICE 150 N MARKET ST ASPEN SNOW MASS LODGING CO C/O V 22 GRIGG ST KS 67202 WICHITA GARWOOD GREENWICH, CT 06830 , 747 S GALENA ST ASPEN, CO 81611 WHEELER CONNIE CHRISTINE WMC INVESTMENT LTD PARTNERSHIP WOLK PAUL TRUST MC CALLION GERARD 1001 MIDWEST CLUB PKWY 4868 THE DELL LN 322E 57 TH ST #36 OAK BROOK, IL 60521 HUME, VA 22639 NEW YORK, NY 10022-2949 WOODSON TATJANA D ZIMAND SHERRY ZOLLER CHILDRENS TRUST 49.2% C/O STEPHEN ZOLLER P O BOX 125 5426 OSPREY ISLE LN 1032 TIA JUANA ST TETON VILLAGE, WY 83025 ORLANDO, FL 32819 LAGUNA BEACH, CA 92651 ZUBROD MATTHEW S TRUST PO BOX 8881 ASPEN, CO 81612 A ~~,~ +~ ,, ,:~ ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.3040.60 ,ASPEN D USE CODE _G %~ ~T_ i ADDRESS OF PROPERTY: ~~~ ~ -~ `~" Aspen, CO SCFIEDULED PUBLIC HEARING DATE: 200 STATE OF COLORADO. ) ss. County of Pitltin ) .,..~ ` ~C I, ~~~ (name, please print) being or representing an App icant 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 attacked •hereto. ,, Posting of notice: By posting of notice, which form was obtained-from th`~~, ` Community Development Department, which was made o~ sytabl~ ;~. .~. waterproof materials, which was not less than twenty-two (~~ inches. wide and twenty-six (26) inches high, and which was composed ~ Ze'tters nat less than one inch in height. Said notice was posted at least4se ~ 15) ys pri t the public hearin d was continuously visible from the-~ y of ~~ , 200, 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 any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns 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. (continued on next page) ~.w 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.has been available for public inspection in dew,p~,ar~a~g.vageuc3~,~d~ag,~all ,ba~.s' ~tuaaus £or.:.fifte.~aa ,(,lS.~ ,days prior to the public hearing on such amendme s. The foregoing " ffidavit of Notice" was acknowledged before mes I~ylay of 1"~ ,2003,by Cs- ideoh ~;~~. ah WITNESS MY HAND AND OFFICIAL SEAL ~ ry QJ ~'~ ... `• My commission expires: 7 13 ~ ~N '! Ot ~,~~ Notary Public Sl` . ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIG1~ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL o __ ~ •``.l ti ~~ ~ ~ 1a ry ~ 4, l y tiSti; jj `, ~ 71.. a ~ 9 ,~ ~', 4 ~, ~+ x 1: ~\ ~ ~ ~ ~. ~ ~• ~ ~ ~ ~ ,~ ~~ ~ ~"~ i s.#. `gyp 4.. ~; ~ '~~. dd .,~~ ' ~ \ Y t ^ i `i±~\g~ a ~ ^~ F '~ ~: ~' ~ F ^~v ~,~~, 4 ~~~ ~~ ~~ tom,- ~ ~ V y ~~ ~?~. - ~ .. ~1 ~S'"nr~"~ acv, d.~,.~:5.- ~ .. ~ ....r.s r ~~ev~~H $ . 3~'."<a~. -a ?] P a f • ANDERSON BRUCE J ASPEN ALPENBLICK NO 3 LLC ~ ASPEN SKIING COMPANY S MONARCH #207 211 VINE ST PO BOX 1248 EN, CO 81611-1854 DENVER, CO 80206 ASPEN, CO 81612 `$PEN-DOLOMITE ASSOC #6 BAKER CHARLES E JR 50% BALDERSON CABELL LLC GO BRIAN MCELWEE 333E 75TH CIO BURKE AND NICKEL y20 S WARNER RD NEW YORK, NY 10021 3336E 32ND ST $TE 217 iNG OF PRUSSIA, PA 19406 TULSA, OK 74135 'ES NATHANIEL B TRUST BATMALE MARK BECKMAN SUSAN R BOX 9909 PO BOX 9345 P O BOX 8167 'EN. CO 81612 ASPEN, CO 81612 ASPEN, CO 81612 JNETT WOOD INTERESTS LTD BENT FORK LLC BESMAN PASCAL & LINDA DRAWER 1011 C/O FESUS GEORGE 133 WOOLEYS LN ~UGIO, TX 78377 P O BOX 9197 GREAT NECK, NY 11023-2342 ASPEN, CO 81612 I ELINSKI JUDITH BILLINGSLEY FAMILY LP BLEILER JUDITH A ~21 TROWBRIDGE CT 1206 N WALTON BLVD PO BOX 10220 LENVIEW, IL 60025 BENTONVILLE, AR 72712 ASPEN, CO 81612 3USH STEVEN S CASTELLANO W A & MARY B 1/2 INT CHIATE KENNETH R & JEANNETTE 46 HEATHER LN 1001 MIDWEST CLUB 20628 ROCKCROFT PEN, CO 81611 OAKBROOK, IL 60521 MALIBU, CA 90265 ~ ILDS EVELYN CITY OF ASPEN CLAYCOMB :1 BARRY 1284 COUNTY RD 102 130 S GALENA ST 3157 D PINEHURST DR ~RBONDALE, CO 81623 ASPEN, CO 81611 LAS VEGAS, NV 89109 LE CONSTANCE P CROW MARGERY K & PETER D CYS RICHARD L AND KAREN L 7 E MAPLEWOOD AVE 46103 HIGHWAY 6 & 24 5301 CHAMBERLIN AVE .ITTLETON, CO 80121 GLENWOOD SPRINGS, CO 81601 CHEVY CHASE, MD 20815 G VIS CAROL L DEAN PHILLIPS INC DISALVO MARCIA J ~82 OLD KATY RD STE #215 TOWN AND COUNTRY BANK PO BOX 12291 USTON TX 77055 524 N 30TH ST ASPEN, CO 81612 , QUINCY, IL 62301 IIXON ROGER M DOLINSEK FRANK JR DONCER JOYCE TRUSTEE FOR THE 41 HOOD ST 619 S MONARCH ST DONCER JOYCE L TRUST FLOOR LEE PARK CENTER ASPEN CO 81611 7641 W 123RD PL LL4S, TX 75219 , PALOS HEIGHTS, IL 60463 r 1 DUBS DAVID CRAIG ELDER TRUST DUFF DAVID A TRUSTEE ELDER JERRY TRUSTEE 65 E OCEAN BLVD PO BOX 305 PO BOX 308 ~EWPORT BEACH, CA 92661 GRAVIES, KY 41727 LA JOLLA, CA 92038-0308 ~~.MORE DAVID G 75% ERICKSON CLAIRE L & BETTY LOU ETKIN DOUGLAS M & JUDITH G 1334 PARKVIEW AVE STE 210 1231 INDUSTRIAL RD 29100 NORTHWESTERN HWY STE 200 ~HATTAN BEACH, CA 90266 HUDSON, WI 54016 SOUTHFIELD, MI 48034 ~/ANS DAVID COURTNEY FAIRHOLME INVESTMENTS LTD FASCHING HAUS CONDOMINIUM ASSO( ~O BOX 952 C/O MARINI & ASSOCIATES INC ASPEN, CO 81612 TWO S BISCAYNE BLVD STE 3580 747 S GALENA ST ~ MIAMI, FL 33131 ASPEN, CO 81611 NKLE ARTHUR A & AMELIA FLAGSTAD DANIEL G & MARY J FLAVIN PATRICIA ANNE ~ 55 LE JEUNE RD PENTHOUSE #1 715 E SCRANTON AVE 400E 20TH ST #10-10 ;ORAL GABLES, FL 33134 LAKE BLUFF, IL 60044 NEW YORK, NY 10009 =j-YNN MICHAEL T FORD WARWICK S & NOLA M FORT BERNARDO & LAURINDA SPEAR ,~ X21 1ST AVE #TG 6 ELLERY SQUARE 3315 DEVON CT ~ TTLE, WA 98121 CAMBRIDGE, MA 02138 COCONUT GROVE, FL 33133 ~NCIS DAVID M 18% ° FRANCIS JUDI B 14 /o FREEDMAN MICHAEL 8~ NANCI WOLF :/O GOUGH LAMB CLEANERS 0201 HEATHER LN 32460 EVERGREEN ~7 CHARLES ST ASPEN, CO 81611 BEVERLY HILLS, MI 48025 DDLETOWN, OH 45042 ~ FRIEDKIN THOMAS H FRONSDAL ARNE EIRICH MARK A HUNDSUNDVEIEN 35 '0 BOX 774056 7701 WILSHIRE PL STE 600 1368 SNAROYA ' EAMBOAT SPRINGS, CO 80477 HOUSTON, TX 77040 NORWAY, ,46RIELLE BRIEGITTE M TRUST GAME JAMES A & MICHAELA _ GARRISON JAMES GARDINER & AMY ""'mod BOX 12011 P O BOX 451 12 GREENWAY PLAZA 8TH FLOOR ASPEN, CO 81612 PALISADE, CO 81526 HOUSTON, TX 77046 TTEL JAMES C GIANULIAS JIM ~ MARILYN H GLATTS HUGH R 80 BEE RIDGE RD PO BOX 2990 2735 MEADOWLARK LN RASOTA, FL 34239 NEWPORT BEACH, CA 92658 WEST PALM BEACH, FL 334p9 GOLDSMITH ADAM D GOOCH WILLIAM A GOULD JAMES J & ELLEN M BOX 9069 2021 1ST AVE #TG PO BOX 5098 'PEN, CO 81612 SEATTLE, WA 98121 SNOW MASS VILLAGE, CO 81615 i GRAND ASPEN LODGING LLC OSMILLST PEN, CO 81611-3800 ~RIGSBY GEORGE T JR PO BOX 145 ~OLLY SPRINGS, NC 27540 SEN BRUCE G EFER OLIVE C/O 2020 S ONEIDA ST STE 210 ~ENVER, CO 80224 ~ATH HETTA S TRUSTEE ~06 N SPRING ST ~ 4SPEN, CO 81611 ILL EUGENE D JR 1/2 ~~10 S HILLCREST DR NVER, CO 80237 GORTON KAREN JANE TRUST ~8 S PONTIAC WAY NVER. CO 80224 '~1COBI ATHOLE G MD >UTTON TERRACE #308 ALA CYNWYD, PA 19004 ~LTNER DONALD H 100 WILSHIRE BLVD #730 .OS ANGELES, CA 90025 =1NER JOHN P SECOND ST ~LORADO SPRINGS, CO 80906 ~,,,", ~' GRAY W CALVIN JR 8~ CONSTANb~A PO BOX 140 CENTREVILLE, MD 21617-0140 GREENWOOD KAREN DAY 8~ STERLING JAMES 409 E COOPER AVE ASPEN, CO 81611 HALL THOMAS L PERS INCOME 8~ ASSET HANSEN BRUCE TRUST ED MONGE REMAX PROPERTY MGMT 15145 PAWNEE CIRCLE 23284 TWO RIVERS RD STE 11A LEAWOOD, KS 66224 BASALT, CO 81621-9262 HARDEN SHEILA 8111 CAMINITO MALLORCA LA JOLLA, CA 92037 HEARST BARBARA B & PETER S 131 TREASURE HILL SOUTH KENT, CT 06785 HEMMETER GEORGE MEAD MD 1900 MYRTLE ISLAND DR LAS VEGAS, NV 89117 HILLMAN RICHARD HAYES TRUST 13562 D ESTE DR PACIFIC PALISADES, CA 90272 J & E HANSEN LLC C/O EDWARD HANSEN 204 E DURANT AVE ASPEN, CO 81611 JAEGER WILLIAM N 439 N DOHENY DR BEVERLY HILLS, CA 90210 KERR WAYNE & CATHY 2374 FOOTHILLS DR S GOLDEN, CO 80401 KOSFIELD ASPEN LLC NATIONSBANK TOWER 100 S E 2ND ST STE 2800 MIAMI, FL 33131-2144 HIBBERD LORNA W FAMILY TRUST PINE ISLAND RYE, NY 10580 HOLLAND HOUSE SKI LODGE INC COLORADO CORP PO BOX 182 ASPEN, CO 81612 JACOB PAUL MITCHELL 400E 20TH ST #10-D NEW YORK, NY 10009 KAPLAN BARBARA 3076 EDGEWOOD RD PEPPER PIKE, OH 44124 KIRLIN BARBARA 25% INT PO BOAC 3097 QUINCY, IL 62305 KRIBS KAREN REV LVG TRST PO BOX 9994 ASPEN, CO 81612 :ULLGREN NANCY A KWEI THOMAS AND AMY LEFROCK JACK L & BARBARA S ~5 E DURANT AVE UNIT 2-C 30 LAKE ONIAD DR 647 WATERSIDE WY PEN. CO 81611 WAPPINGERS FALLS, NY 12590-3853 SARASOTA, FL 34242 L~EVIN BARYON J AND NANCY M ~1 S MONARCH ST #6 PEN, CO 81611 ~MELITE INC PAAS LEROY G ~8 E COOPER AVE PEN. CO 81611 ~FLAND DAVID WESLEY 50% BOX 1327 ASPEN, CO 81612 GODFREY M JR ANNESDALE DR INNATI, OH 45243 4PA CORP WILSHIRE BLVD STE 400 :RLY HILLS, CA 90212 VIARUER JANIE K QPRT ~~QQ585 N MERIDIAN ST #101 ^DIANAPOLIS, IN 46206 RDDELBERG MARIA B SBA MODETTE' 150 PURCHASE ST S'E, NY 10583 ~LLER LELAND L 575 FOLSOM PT LN =RANKTOWN, CO 80116 IGLE ETHEL M OHIO WAY /ER. CO 80209 AOORE JOHN W 50% ~26 WHITEBRIDGE LN LOUIS, MO 63141 LEVY HELEN JOAN TRUST LIEBEL CRAIG E 421 WARWICK RD 814 PLUM ST KENILWORTH, IL 60043 CINCINNATI, OH 45202 LLOYD ASSOCIATES LOCHHEAD RAYMOND R 8 EMILIE M DAVID LLOYD ASSOC LTD 200 SHERWOOD RD 12 LEYS RD OXSHOTT PASO ROBLES, .CA 93446: SURREY ENGLAND KT220QE, LONG CHARLES R -LONG CHRISTOPHER M & WARNER B 5207 CHAPS CT 1098 ST LOUIS PLACE COLUMBUS, OH 43221 ATLANTA, GA 30306 LOVETT WELLS T & MARY M M & M INVESTMENTS 18 STONE CREEK PK C/O MAYER CHARLES OWENSBORO, KY 42303 679 BRUSH CREEK RD ASPEN, CO 81611 MARK CAROL MARSH JAMES W & BEVERLY M PO 60X.9283 815 TROPICAL CIR ASPEN, CO 81612-9283 SARASOTA, FL 34242 MAURER MICHAEL S QPRT MEHRA RAMESH TRUSTEE 11550 N MERIDIAN ST #115 3115 WHITE EAGLE DR CARMEL, IN 46032 NAPERVILLE, IL 60564 MILLER BECKY B & PETER C MILLER DON E 200-06 CROSS ISLAND PKWY 300 MERCER ST APT 31 H BAYSIDE, NY 11360 NEW YORK, NY 10003 MITTLEMAN DAVID MOLITOR RONALD A & JOAN A 2735 MEADOWLARK LN 8696 $WAN WEST PALM BEACH, FL 33409 KALAMAZOO, MI 49009 MONTGOMERY M MEAD $ ANNE M MOORE ISABEL D TRUSTEE 50% 945 OLD GREEN BAY RD 0426 WHITEBRIDGE LN WINNEKTA, IL 60093 ST LOUIS, MO 63141 MOUNTAIN CHALET ENTERPRISES INC MSE ASPEN HOLDINGS LTD 333 E DURANT AVE 1575 PONCE DE LEON ASPEN, CO 81611 FORT LAUDERDALE, FL 33316 MARDI STEPHEN J / MILES LARRY & LILY 2001 TRUST `'~+~'' BOX 641997 MILES LAURENCE EUGENE & LILY YEE NOREN LARA L & STEPHEN C ~HICAGO, IL 60664-1997 1172 BIENVENIDA AVE 10927 BRIGANTINE DR PACIFIC PALISADES, CA 90272 INDIANAPOLIS, IN 46256-9544 ~ORTON PATRICK J JR 507 SPRING VALLEY DR ~EIGH, NC 27609 O MEAL PROPERTIES LLC 205 E DURANT AVE ASPEN, CO 81611 OLD RELIANCE INSURANCE COMPANY 25% PO BOX 13150 PHOENIX, AZ 85002 ~NEILL ROGER PO BOX 711 ~KE GENEVA, WI 53147-3579 ~SQUINELLI SALLIE S 7 S GALENA ST #9 4SPEN, CO 81611 „BARD DEBORA J ~1 S MONARCH #3 PEN, CO 81611 'LATTS JOHANNA E 0 FLAGSTAFF RD ULDER, CO 80302 ~MYEAD VISHNU & TEIKA >161 WOODLAND VIEW DR ~OODLAND HILLS, CA 91364 ~ARING FORK PROPRIETARY LLC 19E21STST ~ULSA, OK 74114 OKE JOAN ELIZABETH BOX 1035 .tFUGlO, TX 78377-1035 OSTERMAN MICHAEL & LINDA LUCE PO BOX 262 PETTERSVILLE, NJ 07979 PATRICK GARY R & PATRICIA A 537 MARKET ST STE 202 CHATTANOOGA, TN 37402 PILOT CURTIS F 10204 E SHERI LN ENGLEWOOD, CO 80111 POLLOCK WILLIAM HARRISON PO BOX 2421 ASPEN, CO 81612 PASCO PROP LLC SMITH PATRICK A P O BOX 688 BLOOMFIELD HILLS, MI 48303 PETROVICH NICK D PETROVICH ROSA DEL CARMEN FERNANDEZ C/O FRIAS PROP OA ASPEN-730 E DURANT AVE ASPEN, CO 81611-2072 PLATYS DEBBIE ANN 3513 CAMDEN DR LONGMONT, CO 80503 PRITCHARD BARBARA M 50% 333E 75TH NEW YORK, NY 10021 RHOADES CHRISTINE ANN LYON LIVING TRUST RIDOUT WAYNE E & ROBBYE L 644 GRIFFITH WY 35 COUNTRY CLUB CIR LAGUNA BEACH, CA 92651 SEARCY, AR 72143 ROLE ROBERT WILLIAM 747 GALENA ST ASPEN, CO 81611 ROMER FRANK L & MARCY L 10204 F SHERI LN ENGLEWOOD, CO 80111 ROSE EDWARD D & JULIE 1/2 INT 1001 MIDWEST CLUB OAKBROOK, IL 60521 S C JOHNSON AND SON INC TAX DEPT 412 1525 HOWE ST RACINE, WI 53403 ALITERMAN LARRY SALITERMAN MARK A & BETH D ~3 ROBINSON RD #11 DIAMOND HILL CENTER SANCHEZ A R JR PEN, CO 81611-2381 4301 HWY 7 STE 100 PO BOX 2986 ST LOUIS PARK, MN 55416 LAREDO, TX 78041 ~HAINUCK LEWIS 18~ MICHELLE~•' SCHAYER CHARLES M III "'~`` SCHERER ROBERT P III 50 DOWNEY AVE STE 206 588 S PONTIAC WAY 217 GOLDENROD AVE ~gl(EWOOD, CA 90712-1468 DENVER, CO 80224 CORONA DEL MAR, CA 92625 SCHROEDER C M JR SHAW GEORGE G yCHIMBERG HENRY 8~ LINDA TRUST SCHROEDER BETTY ANN 2877 PARADISE RD 3629 ROCKBRIDGE RD 101 HIGH ST VEGAS, NV 89109 COLUMBIA, SC 29206 DENVER, CO 80218 ~~INE FAMILY LLC SILVER CIRCLE RINK LLC SKIERS CHALET LLC 3677 LOGO 7 CT ICE RINK C/O R J O'CALLAHAN I DIANAPOLIS, IN 46219-1430 1000 S MILL ST 132 WEST BSTREET -STE 230 ASPEN, CO 81611-3800 PUEBLO, CO 81003 MITH RONA K SOLOMON GARY L SOUTH POINT CONDOMINIUM x'42 HILLSIDE RD 3139 N LINCOLN ASSOCIATION 3TEVENSON, MD 21153 CHICAGO, IL 60657 205 E DURANT AVE #2F ASPEN, CO 81611 ~OUTHPOINT-SUMNER CORP SPAULDING RICHARD W & THOMPSON SPEYER LESTER D PR TST 328 FORT SUMNER DR ELEANOR M C/O TENNSCO CORPORATION ETHESDA MD 20816 AS JT TENANTS PO BOX 1888 , PO BOX 292 DICKSON, TN 37056-1888 CONCORD, MA 01742 sTANTON JAMES STENEMAN MARY JANE & ROBERT STEWART STAN 8~ RITA ~/O WORLD-WIDE HOLDINGS CORP 170 WILDHURST RD 10 GELDERT DR .0 E 58TH ST MN 55331 TONKA BAY TIBURON CA 94920 .VV YORK, NY 10155 , , . fRAWBRIDGE GEORGE JR 1801 KENNETT PKE BLDG #B-100 'ILMINGTON, DE 19807 TAVEL MORTON & CAROL 1139 FREDERICK DR S INDIANAPOLIS, IN 46260 THURBON ROBERT W JR 7755 ANNESDALE DR CINCINNATI, OH 45243 )WNE PLACE OF ASPEN CONDO 3SOC INC :/O ASPEN LODGING COMPANY '47 S GALENA ST ~iPEN, CO 81611 'ALDE WILLIAM L & D GAY ,3 BARYON AVE vEST PALM BEACH, FL 33480 VARGASKI ROBERT E TRUST 353 N DOWELL RD HENRY, IL 60050 TRIPP PAUL 231 MARGARET ST KEY WEST, FL 33040 VANTONGEREN HAROLD V & LIDIA M 2000 E,.12TH AVE BOX 8 DENVER, CO 80206 WALTERS 1/5 & ROLLINS 1/5 & GORMAN WAPITI RUNNING LLC 1/5 PO BOX 1003 SMITH 1/5 & BONDS 1/5 ASPEN, CO 81612 7350 W FAIRVIEW DR LITTLETON, CO 80128 WEBSTER HUNTER M PO BOX 2366 ASPEN, CO 81611 WEIGAND N R 150 N MARKET ST WICHITA, KS 67202 r ~ - ~ WELCH PATRICK T & DEBORAH SPEN SNOW MASS LODGING CO C!O V ;gRWOOD 47 S GALENA ST ASPEN, CO 81611 vJOLK PAUL TRUST 4868 THE DELL LN UME, VA 22639 ~~ OLLER LAWRENCE & HELEN 50.8% „/O STEPHEN ZOLLER 1032 TIA JUANA ST 4GUNA BEACH, CA 92651 R ,~,"°"a WHEELER CONNIE CHRISTINE +'` MC CALLION GERARD 322E 57 TH ST #3B NEW YORK, NY 10022-2949 WOODSON TATJANA D P O BOX 125 TETON VILLAGE, WY 83025 ZUBROD MATTHEW S TRUST PO BOX 8881 ASPEN, CO 81612 WMC INVESTMENT LTD PARTNERSHIP 1001 MIDWEST CLUB PKWY OAK BROOK, IL 60521 ZIMAND SHERRY 5426 OSPREY IS~.E LN ORLANDO, FL 32819 ~ ..,~ ~.e:;, ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ~ 'E_ ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: , 200 STATE OF COLORADO ) ss. County of Pitkin ) I, V ~ f,(i(~o ~ f _~ 1/~ ~~% 7" (name, please print) being or repres nting 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 m the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication i.s 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 and was continuously visible from the day of 200_, 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 any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns 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. (continued on next page) 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 has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. ~ /~ ~gnature ~~ The foregoing "Affidavit of Notice" was acknowledged before met is,~~day of ~~ ~j , , 200 ~, by ~c~---mss ,-.~ WITNESS MY HAND AND OFFICIAL SEAL _ My commission ex ' . ~ ~ ~- PUBLIC NOTICE ~ l RP;.ST.ItEG1SIi0'C~' that a public _iF O , NOTICE ~ ' on Tuesd~' ~~h ISth, at a !~ be h re the Aspen ~'° m''~`° Notary Public ~~ g to beBln Co~~syon, Council Cham~ y . y'~ "~ P{anninf3 ~ Z~ C,alena St., Aspen• to co~adn O bers• City ~' Submitted lry SLT Aspen '• O er an apl~ltcstton ~ n8 approval of a P-annedM~ N •. Street, L1:C req~ti~ Amendment, ~ dons,. ~ •,~' ~ ~ Q~ peveloPrnent,'~ em (GMQ~ ~ ~ •' ....... • •' mew gg existin8 ~. ~ ~~enQ~Subdivisi°n tp CO lodSe units and G O into 24 timeshare rtton of the ~~ hotel Toom+s to convert s and accessory one residents ng n~m hotel °ffice, Level Into an aPPfO~ate- e~dstingtn~t enitY, and to convert space on the Batt Spa am and Level °f ATTACHMENTS: ly 15,E square facility on the Sec The subfeCt " the e,dstin8 located hotel oi[ices. Street City. pro~r y is located a; 315 East Dea° of Aspen mtormstl°n• `O°t°`~ S`°el`- :'OPY OF THE PUBLICATION For forth Community ce" Woodford at the' 130 S~Galena St., Aspen, CO o~p7~~1~ t:a ~n :,.~, chart pH OF THE POSTED NOTICE (SIGN) Pla~tmi~ ~~yng Comm12ss0 3. ~AsPen'I1mes °n March Published in'~ _ _..~ GOVERNMENTAL AGENCIES NOTICED ~0141~ BYMAIL ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: , 200_ STATE OF COLORADO ) ss. County of Pitkin ) ~"'._ 4 \ h ~) C~ h~~-`~ (, ~I lL~~~ 1~ (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied wit~i 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 •ifteen (15) days prior to the public hearing. A copy of the publication is attacd 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 and was continuously visible from the _ day of 200_, 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 describedp~'n Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15)tdays prior to the public hearing, notice was hand delivered or mailed by first class~postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns 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. (continued on next page) 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 has been 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 bef re me thi 3 day of , 200.3, by ~a~.-~ ~iy-- - ____ - WITNESS MY HAND AND OFFICIAL SEAL N07iCE RE: S'C REGLS HO'[EI. I Np77CE 6 HEREBY N that a public hearhig wlllb h W > 3 M i i i ~ ~~~ e e on y, May 27th,atameetingto y comm ss on exp res: . /1 begbt at 5~0 p,m. the Aspen CRY Council, Council Chambasr Cky Hall, 130 S. Galena St, As- pen, to oonsMer as appllcatlon submitted by SLT Aspen Dean Street, LLC requesting appuoval of a O'S A ~ Y A Flamed unit Devebpmmt (RlDj, Amdrdmnrt, G~.~rtn Management system E_- Notary Public ~~~.. < emptfons, Timeshare and subdhrisinu •to cmvmt 96 of the erdsttng 257 hold room; IMo 2d time- . ~ i• Sq store lodge units and one residealW urdt, to two- ,~ N vert a portion of the e~dstlng meeting room, hotel ~ ~qT~S, ~ odice and accessory space on the Ballroom Level ~ ; Into an appro~mately 15,300 square toot .spa ~ .. • O amenky, to moldy the 22 approved, but unbuik hotel rooms in Budding C Into 20 hoed ro ms . .• •. O . ..•'' Q '' •.• o . and to con rt th i tm a h il .... ~ ve e es s g sp u lty on the Sec- ~ ~' Q t and Level of BWldtog B ~ reloeated hold odLces. . Sn~uC)~ op%pp~mty rs located at 315 East Dean ATTACHMENTS For bother Wormatlon, contact Scott Woodford at the Cky of Aspen Community Development Da partment, l3o s. Galena st., Aspen,.CO ts7o~ sao. SP 5102, scottw®cf.aspen.cous. Y OF THE PUBLICATION KaYn IOanderod, Mayor .:Aspen City Council ~I " ~'" ~a °" `'`'~10' 2°03' !H OF THE POSTED NOTICE (SIGN) 1 GOVERNMENTAL AGENCIES NOTICED BYMAIL PARCEL ID: DATE RCVD: 01 /28/03 # COPIES:~~ GASE NO A00 i-03 CASE NAME Aspen Mtn PUD Lot 1 iSubdivision for Timeshare/Extended Spa Fac PLNR:~~ PROJ ADDR: Lot 1 Aspen Mtn PUD CASE TYP: Timeshare Subdivision Extended Sp STEPS:~~ OWNIAPP:~ Starwo~d Hotels dba ADR 315 E Dean St C1S1Z: Aspen/CO/81611 PHN: 970-920-3300 I REP: Joseph Wells Land Planning ADR: 602 Midland Park Plac C/S/Z: AspeniC0181611 PHN: 970-925-8080 FEES DUE:. 5345.00 EH FEESRCyD: S2750.00 STAT: REFERRALS'.. REF: BY~~ DUE: ' MTG DATE REV BODY ~PH~" NOTICED i DATE OF I`INAL ACTION: CITY COUNCIL: REMARKS. PZ: CLOSED: BY: BOA:, DRAC: PLAT SUBMITD: PLAT (BK,PG): ADMIN ~ p, THE DENVEI JST REAL ESTATE Aspen St. Regis readies for fractional ownership By Jason Blevins Denver Post Business Writer ASPEN -The luxury St. Regis hotel in Aspen is launching a $30 million renovation as it dives into Glitter Gulch's bustling fractional ownership market. The move marks the first push into luxury fractional ownership for St. Regis parent Starwood Ho- tels & Resorts, which has 50 super high-end hotels within the collec- tion of 743 hotels it owns or manag- es worldwide. "Starwood has had the advan- tage of sitting back and seeing how other markets have developed and, with the St. Regis being the finest hotel in the state, we think fraction- al ownership is a natural fit in As- pen," said Dave Matcheson, head of investor relations for Starwood. As Starwood considered convert- ing aportion of its 257-room St. Regis to fractional ownership, the luxury interval ownership market in Aspen has flourished. At least nine projects are underway, selling anything from one-quarter to one-11th shares of a single unit in a private club. Most of those projects are luxurious private clubs, offering a portion of $3 mil- lion and $4 million condominiums with all the trimmings of a five-star hotel. The concept is sweeping Aspen, where available land for new homes is almost gone and existing homes and condos sell for several million dollars. St. Regis, in a bid to capture part of the blossoming market, is converting 98 of its guest rooms into 25 two- and three-bedroom suites. A good chunk of the $30 mil- lion price tag for the renovation includes a new 15,000-square-foot spa. The renovation will keep the St. Regis within its existing site across the street from the slope- side pit that will soon house the new 51-room Hyatt time-share project. The St. Regis plan will not change the three-building facade of the hotel, which abuts Aspen Mountain. "The great advantage of us do- ing this within the existing foot- print is that the fractional owners will have access to all the hotel services, but the main component of the hotel will remain the same," said Richard McLennan, general manager of the St. Regis, which was a Ritz Carlton Hotel from 1992-97 before Starwood took the reins. McLennan said the St. Regis plan is not necessarily designed to compete within the Aspen market as much as it is a play to maintain Aspen's tenure atop the luxury re- sort market. "It's more about positioning our- selves and becoming more competi- tive with resorts such as Vail, Bea- ver Creek, Bachelor Gulch and Jackson Hole," he said. The St. Regis plan, under consid- eration by Aspen planning offi- cials, anticipates construction be- ginning late this year with comple- tion by summer 2004. The hotel is The St. Regis luxury hotel in Aspen is planning a $30 million renovation, which includes a 15,000-square-foot spa and 25 suites, as it prepares to join the fractional ownership market. also asking to add 20 more already permitted guest rooms. The plan, on first blush, fits with the city of Aspen's strict codes guiding the creation of fractional projects. The city's planners, in an effort to stem the development of gated luxury islands within town, require fractional protects to maintain a hotellike feel, including a front desk, lobby and ground-floor com- mercial opportunities for strolling visitors. The city is also fielding propos- als by several of the older local lodges seeking to boost revenue and fill rooms midweek with frac- tional units. By including fraction- als, lodges such as the Boomerang Lodge are hoping to jump-start midweek business and contribute to the town's occupancy levels with a steady rotation of vacation- ing owners. "This fractional thing is really taking off," said Joyce Ohlson, dep- uty director of Aspen's community development department. Fractional projects Fractional projects underway in the Roaring Fork Valley ^ Ritz Carlton Club at Aspen Highlands 54 residences selling in'/,2 shares totaling 648 owners. Brice: Between $160,000 and $490,000. ^ Hyatt in downtown Aspen: 51 units selling in'/zo shares totaling 1,020 owners. Price: Start at $150,000. ^ Snowmass Club in Snowmass Village: 30 units selling in'/~ shares total- ing 210 owners. Price: Between $240,000 and $350,000. ^ Sanctuary at Snowmass Club: 21 units selling at'/e shares total- ing 168 owners. Price: Not set. ^ Timbers Club at Snowmass Village: 36 units selling in'/a shares total- ing 288 owners. Price: Between $379,000 and $480,000. ^ Roaring Fork Club in Basalt 12 suites selling in'/s interests totaling 72 owners. Price: $170,000. Eighteen cabins selling in'/4 or'/s shares. Price: Between $375,000 and $725,000. Proposed fractional projects: ^ Boomerang Lodge in Aspen: Five units selling in'/~ shares totaling 35 owners. Price: Not set. ^ Dancing Bear in downtown Aspen: 20 units selling in'/a shares. Price: Not set. - n__.-I........a aL... 1 :HI.. 0.1..11. Special to The Denver Post