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HomeMy WebLinkAboutLand Use Case.CU.01A-89ASPEN /PITKIN PLANNING OFFICE 130 S. Galena Aspen, CO 81611 (303) 920 -5090 LAND USE APPLICATION FEES City 00113 - 63250 -134 00113 - 63270 -136 00113- 63280 -137 00113 -63300 -139 00113 - 63310 -140 00113 - 63320 -141 Referral Fees: GMP /Conceptual GMP /Final Sub /Conceptual Sub /Final 2 -Step . 1- Step /Consent 00125- 63340 -205 Envir. Health 00123- 63340 -190 Housing 00115- 63340 -163 Engineering Sub -Total County 00113 - 63160 -126 00113- 63170 -127 00113 - 63180 -128 00113 - 63190 -129 00113- 63200 -130 00113- 63210 -131 00113- 63220 -132 00113- 63230 -133 00113- 63450 -146 Referral Fees: GMP /General GMP /Detailed GMP /Final Sub /General Sub /Detailed Sub /Final 2 -Step 1- Step /Consent Board of Adjustment 00125 - 63340 -205 Envir. Health 00123 - 63340 -190 Housing 00113- 63360 -143 Engineering Sub -Total Planning Office Sales 00113 - 63080 -122 City /County Code 00113- 63090 -123 Comp. Plan 00113 - 63140 -124 Copy Fees 00113- 69000 -145 Other P &Z Sales Sub -Total TOTAL f I Name: Address: (i Check # " n,) Phone: ? Project: Date: (/ Additional Billing: # of Hours: IV. DISCLOSURE OF OWNERSHIP OF PROPERTY e 3 - 3 35of3 joue l2 0il SUPPLEMENTAL PUD AGREEMENT City of Aspen - Hotel Jerome M. ► rc�9 This supplemental PUD agreement is entered into this 10th day of May, 1991 by and between the CITY OF ASPEN, a municipal corporation, (hereinafter referred to as "the City") and HOTEL JEROME ASSOCIATES, a Colorado general partnership (hereinafter referred to as HJA), WITNESSETH: WHEREAS, HJA's predecessor in title entered into an agreement with the City entitled Amended and Restated Planned Unit Development Agreement, Hotel Jerome Renovation and Addition, dated July 31, 1986, recorded September 15, 1986 in Book 519 at Page 921 of the records of Pitkin County, and WHEREAS, HJA has applied for a PUD amendment to modify the landscaping plan approved in 1986 and to allow 125 outdoor dining seats instead of the 44 allowed in the 1986 agreement and WHEREAS, the City has approved such application subject to certain conditions, NOW THEREFORE in consideration of the mutual promises contained herein and of the City's approval of HJA's application, IT IS HEREBY AGREED as follows: 1. Paragraph 4 of the 1986 agreement and its approved landscaping plan is amended. Exhibit A, attached hereto, is the new amended approved landscaping plan for the courtyard area westerly of the historic hotel. The approved courtyard landscaping plan attached as Exhibit A includes the comer planter box and trees on the small service deck shown on the 7/6/90 Gibson and Reno landscape plan, as well as the planters and trees on the large deck shown on the 7/27/90 plan. In addition, shrub plantings (5 gallon size minimum) shall be installed along the.street side of the decks adjacent to the wooden planter boxes. These landscape elements shall be installed no later than May 1, 1991 and be maintained in perpetuity unless amendments are approved by the PUD amendment process. 2. Paragraph 7(e) is amended to allow for 125 outdoor restaurant seats as shown in Exhibit A, instead of 44. The additional seating beyond that previously approved may be used only between the dates of May 15 and September 15 of each year. 3. New paragraph 7(f) is added to the PUD agreement as follows: 7. f) The approved special events for which the outdoor dining seats are not limited to 125 are as follows: Winterskol, World Cup skiing events, F.I.S. skiing events, Food and Wine Classic, 4th of July, Labor day, and no more than twenty (20) weddings, and private cocktail receptions, e.g., MAA. Special Event seating over the approved number shall be allowed only during the hours of the events and must be removed promptly after the events. 4. It is agreed that under paragraph 9 of the 1986 agreement, twenty-seven (27) parking places are reserved for employee parking, and twenty-four (24) are reserved for guest parking. HJA shall dedicate and mark twenty seven (27) employee parking spaces within the underground garage, and the amended plat recorded herewith reflects these HJA employee parking spaces. The Planning Office has inspected the marking of the guest and employee places and the City accepts that painting as sufficient; provided, however, HJA shall periodically repaint as may be necessary. Contemporaneously with the execution of this agreement, the parties also execute the Hotel Jerome Amended PUD Plat, Amended Page 5, containing a notation as to the 24 guest/27 employee parking space restriction, which is to be recorded in the records of Pitkin County. S. Prior to installing the additional outdoor seating, and contemporaneously with the execution of this PUD Amendment, employee housing for .96 persons shall be deed restricted to the conditions required by the Aspen Pitkin Housing Authority. 6. Any changes to this approved Final PUD Development Plan and this amended PUD agreement are subject to subsequent reviews and approvals required by the general rules, regulations and ordinances of the City of Aspen. 7. This agreement is authorized by the Resolution No. 70, Series of 1990, adopted on November 12, 1990, and the commitments herein when completed fully meet and are accepted as fully complying with that Resolution. 8. It is understood that HJA reserves ijs position for any future application that it is entitled to credit for the diminution in employees occasioned by the M conversion of the former tea room, a restaurant, to an antique shop, a retail use. 9. The parties agree that all conditions precedent to the issuance of a permanent certificate of occupancy upon the Hotel Jerome remodel and its addition have been satisfied and a certificate or certificates duly issued. The City acknowledges a certificate of occupancy for the Hotel addition, Phase 11, has been issued pursuant to Section 8, p. 14, Amended and Restated PUD Agreement. 10. Either party may receive upon thirty (30) days notice an estoppel certificate from the other that states all monetary obligations under the Amended and Restated PUD Agreement or this PUD Amendment have been met and satisfied and that, to the best of the parties' knowledge, there are no other defaults under the Amended and Restated PUD Agreement and this Amendment. As of the date of the execution of this Amendment, the parties acknowledge that each has satisfied any monetary obligations to the other, and to the best of their knowledge, neither party is in default under the Amended and Restated PUD Agreement and Amendment. 11. The City acknowledges that the one (1) year warranty of good workmanship concerning the Hotel Jerome developer's landscaping and site improvements as set forth in the 1986 Amended and Restated PUD Agreement, Section 6, has expired. 12. The City acknowledges that the requirement in Section 8 of the 1986 Amended and Restated PUD Agreement restricting four units on site to employee housing in the Hotel annex is no longer of any legal effect, having been so determined by Resolution No. 1, Series of 1987 (Cortina units replacing annex units). The Cortina Declaration and Amendment are deemed to be in full satisfaction of the employee housing requirement of Section 8 including (but not limited to) the substitution provision of Section 8, page 15, Amended and Restated PUD Agreement and this Amendment, so long as a sufficient number of units to house nineteen (19) employees at the Cortina are so restricted, together with housing for one (.96) additional employee which is the requirement arising from this application and amendment (a total of 20 employees). That is, there is no longer any on -site employee housing requirement for the Hotel Jerome. 13. The City agrees that Section 12, Amended and Restated PUD Agreement has been fully complied with. 14. Section 16, Amended and Restated PUD Agreement as to notice to parties is amended to provide as follows: 3 City: City Manager City of Aspen 130 South Galena Street Aspen, CO 81611 copy to: City Attorney City of Aspen 130 South Galena Street Aspen, CO 81611 Hotel Jerome Associates: Hotel Jerome Associates TCC (The Continental Companies) 3250 Mary Street Miami, FL 33133 copies to : Hotel Jerome Associates Tobishima Associates, Ltd. Attn: Mr. Tony Yamada 350 Park Avenue New York, NY 10022 and Hotel Jerome Associates Whitman & Ransom Attn: Kenneth S. Brown, Esq. 200 Park Avenue New York, NY 10166 15. Section 17, Amended and Restated PUD Agreement and "binding effect." The restrictions of the Amended and Restated PUD Agreement and of this Amendment are intended to run with the land, but are not intended to be personal obligations of previous owners, i.e., owners of the Hotel Jerome property are released from these obligations once there is a transfer of ownership and a new owner in place who is charged with compliance. 16. Except as modified by this Amendment, the Amended and Restated PUD Agreement remains in full force and effect. IN WITNESS WHEREOF the parties execute this agreement as of the date set forth above. 4 �F Attest: 13 Approved as to form: lc�wl . M. Caswall, Esq., City Attorney Attest: E CITY OF ASPEN, a municipal corporation �0 L. OWNERS: HOTEL JEROME ASSOCIATES, a Colorado general partnership By T.A. AT ASPEN, LIMITED, a Delaware corporation, PSPt� as a general partner thereof Q By Toy amada, President 0 Llh,rF' . b e STATE OF COLORADO ) ss County of Pitkin ) The foregoing instrument was acknowledged before me this '&A? of 1991, by William L. Stirling, as Mayor, an' L K--e as�Ci Clerk of the City of Aspen. tfyrNGELA T si Witness my hand and official seal. My commission expires:_, &damu Nota - Public /c uA2n= ao'Y7b 11 Address STATE OF NEW YORK ) ss County of ) The foregoing instrument was acknowledged before me this of , 19911 by Tony Yamada, as President and by Lt Inc cJg as Secretary of T.A. at Aspen, Ltd. Witness my hand and official seal. My commission expires: CLAUDIA WATSON Notary Public, State of New York No. 07 WA4817495 Qualified in Westchester County Certificate Filed in New York�Cpunty Commission Expires July 31,_CYY, Notary Public `3 aa'� 14 xw- Address M autiT Vc" viv mq(o: CAwPX- PVgapud3kag R AMENDMENT TO CORTINA DECLARATION OF COVENANTS RESTRICTIONS AND CONDITIONS This amendment to the agreement concerning the Cortina Lodge is entered into this 10th day of May, 1991, by and between HOTEL JEROME ASSOCIATES, a Colorado general partnership, and the CITY OF ASPEN, a municipal corporation. WITNESSETH: WIIEREAS, the City and the Hotel Jerome entered into a Declaration of Covenants, Restrictions, and Conditions for the Cortina Lodge dated November 21, 1988, and recorded in Book 581 at Page 332 of the records of Pitkin County, and WHEREAS, the Hotel Jerome is currently using eleven (11) units in the Cortina to house 19 employees of the Hotel Jerome (Units 1, 2, 3, 6, 7, 8, 11, 12, 14, 15, and 16, with 13 being a common kitchen), and WHEREAS, the Hotel is obligated to house an additional .96 employee, which for present purposes, it designates as one (1) employee, to meet a condition of the granting of permission for outside seating at the hotel of up to 125 seats and for special events, all as is set forth in Ordinance 70, Series 1990, NOW THEREFORE, in consideration of the approval above mentioned and for other consideration, the City of Aspen and Hotel Jerome Associates agree as follows: 1. To meet the additional employee housing requirement of Ordinance 70, Series of 1990, Hotel Jerome Associates, hereby dedicates Unit 5 of the Cortina to house at least one Hotel Jerome employee for so long as Hotel Jerome Associates operates 125 outside restaurant seats instead of the previously approved 44, and no longer than as is set forth in the original declaration, par. 5, Book 581 at Page 336. 2. The City accepts such dedication as meeting the requirements of Ordinance 70, Series of 1990. 3. The parties acknowledge that the original Cortina declaration, referred to above, and this amendment, are intended to bind the Cortina real property and the current owner of the Hotel Jerome, as that current owner may from time to time change. That is, the obligations of the Cortina Declaration and amendments run with the Cortina property but prior owners of the Hotel Jerome and the Cortina property are released from Cortina obligations once they have transferred ownership of those properties. 4. This agreement shall be recorded in the records of Pitkin County to restrict the land upon which is located the Cortina Lodge, which is Lots P and Q, Block 73, City and Townsite of Aspen. 5. Except as modified by this Amendment, the Original Declaration remains in full force and effect. Attest: Executed as of the date and year above written. S. Approved as to form: Edward M. Caswall, Esq., City Attorney Attest: — 4t 2 CITY OF ASPEN, a municipal corporation By p William L. Stirling, Mayor OWNERS: HOTEL JEROME ASSOCIATES, a Colorado general partnership By T.A. AT ASPEN, LIMITED, a Delaware corporation, as a general partner thereof k Q Q. By Tony ra cli, President 0 IT 1 rc a` ,o 6• III STATE OF COLORADO ) ss County of Pitkin The foregoing instrument was acknowledged before me this /f Div of —)u 1991, by William L. Stirling, as Mayor, and Y&dnyn=SKvsh as\City lerk of the City of Aspen. "-rNc.&Z;ti' - 15tei Witness my hand and official seal. My commission expires: „ A2 Z�� Not4j Public Address STATE OF NEW YORK ) ss County of �/VV ) The foregoing instrument was acknowledged before me this /3*�, of 19911 by Tony Yamada, as President and by as Secretary of T.A. at Aspen, Ltd. Witness my hand and official seal. My commission expires: CLAUDIA WATSON Notary Public State of New York No. 01 WA4817495 qualified in Westchester County Certificate Filed in New York County Commission Expiros July 31 !gaa- n18Vgam 4kag c: \wpbmpVyaoor4kag 3 Notary Public 3" � Address JLd7–v- ZLnclu N\�(D55'4- Aet) 4��tC (f{ S PVC 373 - %s 3 33 So. AMENDMENT TO CORTINA DECLARATION OF COVENANTS RESTRICTIONS AND CONDITIONS This amendment to the agreement concerning the Cortina Lodge is entered into this 10th day of May, 1991, by and between HOTEL JEROME ASSOCIATES, a Colorado general partnership, and the CITY OF ASPEN, a municipal corporation. WITNESSETH: WHEREAS, the City and the Hotel Jerome entered into a Declaration of Covenants, Restrictions, and Conditions for the Cortina Lodge dated November 21, 1988, and recorded in Book 581 at Page 332 of the records of Pitkin County, and WHEREAS, the Hotel Jerome is currently using eleven (11) units in the Cortina to house 19 employees of the Hotel Jerome (Units 1, 2, 3, 6, 7, 8, 11, 12, 14, 15, and 16, with 13 being a common kitchen), and WHEREAS, the Hotel is obligated to house an additional .96 employee, which for present purposes, it designates as one (1) employee, to meet a condition of the granting of permission for outside seating at the hotel of up to 125 seats and for special events, all as is set forth in Ordinance 70, Series 1990, NOW THEREFORE, in consideration of the approval above mentioned and for other consideration, the City of Aspen and Hotel Jerome Associates agree as follows: 1. To meet the additional employee housing requirement of Ordinance 70, Series of 1990, Hotel Jerome Associates, hereby dedicates Unit 5 of the Cortina to house at least one Hotel Jerome employee for so long as Hotel Jerome Associates operates 125 outside restaurant seats instead of the previously approved 44, and no longer than as is set forth in the original declaration, par. 5, Book 581 at Page 336. 2. The City accepts such dedication as meeting the requirements of Ordinance 70, Series of 1990. 3. The parties acknowledge that the original Cortina declaration, referred to above, and this amendment, are intended to bind the Cortina real property and the current owner of the Hotel Jerome, as that current owner may from time to time change. That is, the obligations of the Cortina Declaration and amendments run with the Cortina property but prior owners of the Hotel Jerome and the Cortina property are released from Cortina obligations once they have transferred ownership of those properties. ID • t J„ To: Aspen Planning and Zoning Commission From: Roxanne Eflin, Planning Office Re: Hotel Jerome GMQS Exemption- Change in Use and Conditional Use Amendment - Public Hearing Date: February 21, 1989 SUMMARY: The proposal involves approving the conversion of the Grand Parlour Suite guestroom on the first floor to office space (GMQS Exemption, Change in Use) and to consent to Planning Director approval of both the Conditional Use Amendment for the office space and an Insubstantial PUD Amendment, listing permitting commercial uses. APPLICANT: The Hotel Jerome represented by Andrew Hecht, Garfield and Hecht, Attorneys at Law LOCATION: 330 East Main Street, Lots A, B, C, E, F, G, H, I, Part of N, O, P, Q, R, Block 21, Townsite and City of Aspen ZONING: "CC" Commercial Core with "H ", Historic Overlay APPLICANT'S REQUEST: The applicant is requesting approval for a GMQS Exemption for the change in use for the Grand Parlour Suite guestroom to office use, approval of a Conditional Use Amendment for the office space, and approval of an Insubstantial PUD Amendment, establishing a list of permitted retail uses, for this project, to include the antique store previously converted from the tea room. REFERRAL COMMENTS: Engineering: In a memo dated February 7, 1989 from Elyse Elliott of the Engineering Department, no problems are noted for parking considerations. She finds that the changes in use proposed do not impact parking or public facilities, however, she makes the following comments which should be considered: 1. It was represented in the original PUD that trash facilities would include an indoor compactor. Currently there is no compactor on site, and the dumpsters are located outdoors. The Engineering Department suggests that the limousines (vans) park in the parking lot inside of the hotel instead of on the street. It would also be preferable if the limousines would drop off guests inside the parking garage. This would improve traffic and circulation in front of the hotel. Housing Authority: Staff member Janet Raczak states in a memo dated February 15: 1. According to the Housing Authority Guidelines, the applicant is required to supply housing for 3.9 employees per 1,000 sq.ft. of net leasable; however, City Code states that the applicant is required to provide mitigation for 3.5 - 5.25 employees /1,000 sq. .' ft. of net leasable. The Housing Authority states that impact mitigation for 5.25 employees based upon the low income category guidelines is recommended. _ (�Q`io Ac, 2. The space was previously utilized as a guest amenity /tourist accommodation and overflow lobby. These uses have minimal impact on employees generated. However, commercial /business /office space does have an impact and should be addressed by the applicant. The Housing Authority recommends that the applicant be required to provide housing for, or mitigate the impact of, at least three (3) employees, depending upon the exact square footage of the change of use space. STAFF COMMENTS: The Planning office staff has the following comments: GMQS E7M4PTION CHANGE IN USE: Section 8- 104(B)(1)(c) allows for the Exemption by Commission for the enlargement of change of use of an Historic Landmark which develops more than 500 sq.ft. of commercial or office space, provided that the following impacts are mitigated: Requirement 1. Employee Housing must be provided at the level which would meet the threshold required in Section 8- 106 for the use. Response: Currently, 19 employee units are being provided based upon the 1983 approval. These units were calculated prior to the present day standards being employed by the Housing Authority. The applicant argues that the original approval was for 105 hotel guest rooms with only 94 actually constructed, and that an 'additional 13,000 sq.ft. of commercial space was approved and 0% was actually built; Oco t efore the employees that might be generated from the new 1,600 sq. ft. of commercial have already been compensated t or. The applicant's position is that there will be no )J impact on employee housing by its proposal that has not L,p 0 been fully satisfied by the original provision of 19 employee units. 2 Staff feels that while this argument may appear valid, the .2 to .4 employee - per -guest room percentage levels in place back in 1983 were most likely conservative then, most definitely far below reality now. In arguments over employee generation at the proposed Ritz - Carlton hotel, Mr. Butera stated that the Jerome employs closer to two (2) employees per hotel guest room. Calculating that employee generation at today's 60% threshold, it is safe to say that the Hotel Jerome may be providing for only approximately 25% of the employees generated. Staff recommends that the applicant provide for the three (3) additional employees based upon the Housing Authority's calculation. Requirement 2. The applicant must provide for parking according to the code Standards. Response: Based upon the Engineering Department's referral comments and the new use, we find that parking impacts have already been met. Requirement 3. The applicant must meet the project's water supply, sewage treatment, drainage control, transportation, fire protection and solid waste disposal needs. Response: As pointed out by the Engineering Department, a problem exists with both the trash compactor agreement and transportation needs for the hotel's vans. During initial review of the PUD, the applicant represented that vans would not park in this location due to conflicts with Main Street traffic. This has been a difficult representation for us to enforce over the years, and must be addressed by the applicant. Requirement 4. The applicant must demonstrate that the project's site design is compatible with surrounding projects and appropriate for the site. Response: No exterior changes other than signage for the new antique store are proposed with the application. In summary, staff finds all the criteria for a change -in -use under GMQS Exemption has been met with the exception of the affordable housing impacts, trash compactor and van parking requirements. We recommend that the -Housing Authority's recommendation of impact mitigation of 5.25 employees based upon the low income category guidelines ..is warranted under the circumstances. -' 3 Insubstantial Amendment to PUD Agreement Background: In December, 1988, Staff approved and Council consented to a request to convert the Tea Room into an antique store, subject to the Planning Office receiving an application to amend the existing PUD agreement with a list of permitted retail uses. The applicant has complied by submitting the following list for your review. Code allows this activity to be approved and signed off by the Planning Director, or if you prefer, this issue pay go before City Council for their approval. The purpose of the CC zone district as stated in Section 5- 209(A) ;?+' 'of the Code: "to allow the use of land for retail and service ` commercial, recreation and institutional purposes with `l customary accessory uses to enhance the business and service character in the central business core of the City." The applicant states that the following list of permitted uses are consistent with the purpose of the CC district, and are in fact less extensive than what is allowed by code. Professional land business office 2) Restaurant, cabaret and night club, tea room 3) Retail commercial establishment limited to the following and similar uses: antique store, art gallery, bakery, bookstore, camera shop, candy, tobacco or cigarette store, clothes store, florist shop, gift shop, hobby shop, jewelry store, photographic shop, record store, shoe store, sporting goods store, stationery store, variety store 4) Service commercial establishment limited to the following and similar uses: catering service, -- financial institution; personal service including arber and beauty shop, /custom sewing I 5) Rental, repair and wholesaling facilities in conjunction with any of the uses provided in #1 through #4 above, providing all such activity is clearly incidental and accessory to the permitted use and conducted within a building 6) Storage of materials accessory to any of the uses provided in #1 through #5 above, providing all such storage is located within a structure. The applicant further states that the above list of permitted retail uses is restricted to those uses that are consistent and 4 compatible with the Development Plan for the Hotel Jerome. STAFF'S COMMENTS: In a memo dated June 3, 1986 to the Planning and Zoning Commission from Alan Richman, very similar discussion was given to the variety of proposed commercial uses associated with a "full service" hotel. Given the proximity of this site to shops in the commercial core, it is quite obvious that all of these uses are already within walking distance of guests. Further, it could be expected that these uses will draw additional patrons (and impacts) to the hotel, not simply acting in an accessory manner for guests only. The key criteria here is maintaining a "quiet corner ", a primary goal represented by both the applicant and staff during the development stages. This site is already maximized. As stated by Alan Richman in a letter to the applicants in October, 1988 "...By putting a retail use at the corner of Mill and Main is in direct conflict with the representations made as to reduced pedestrian traffic and may affect other representations regarding parking and employee housing. Adding any retail or office space to the hotel is in conflict with the representation that there would be no such space included in the building." The Planning Office finds the applicant's proposed list of uses excessive due to the downtown location of the Hotel Jerome, and request that the P &Z recommend a revised, smaller list that is more in keeping with the original PUD approval. We recommend that P &Z consider revising the proposed list, eliminating the following uses: 1) Clothes store 2) Hobby shop 3) Record store 4) Shoe store 5) Sporting goods store 6) Variety store Condition Use Amendment Summary: This is another provision of the application which may be approved by the Planning Director, however, should P &Z find the criteria for granting such approval has not been met, a recommendation for Council approval would be in order. Again, Conditional Use Review Section 7- 308(B) of the Land Use Code states the criteria for review of conditional uses as follows: CRITERIA 1. Consistency with the purposed goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is proposed to be located. RESPONSE: Staff finds the office use proposed meets this CRITERIA 5. Compliance with all additional standards imposed by the Aspen Area Comprehensive Plan and all other applicable requirements. RESPONSE: Staff finds the use complies with this criteria. To conclude, we find that the proposed office use will create minimal impacts to the hotel itself, and generally meets the review standards above. ALTERNATIVES: The Planning and Zoning Commission may chose to either recommend that the Planning Director sign off on the Conditional Use Amendment and the Insubstantial PUD Amendment, or recommend that the Insubstantial PUD Amendment be taken before Council for their approval. The GMQS Exemption for Change in Use is a one -step process, which could also either be approved or denied at this meeting or tabled pending further information. C:7 criteria. CRITERIA 2. Consistency and compatibility with the character of the immediate vicinity and surrounding land uses. RESPONSE: The applicant states that with the change to office from the Grand Parlour Suite, less interior lobby traffic with be the result. It can be argued that the change to office use, other than for the hotel itself, may generate its own significant traffic, independent of the hotel traffic. CRITERIA 3. Minimization of adverse effects on surrounding properties. RESPONSE: The applicant states that the new employees for the office space are already employed at the hotel, therefore, no additional employees are being generated. No exterior changes are taking place to the structure. Staff argues that while Mr. Butera's real estate office may be the sole office to occupy the space at this time, it is likely that other businesses will occupy the space in the future which may create additional impacts. CRITERIA 4. Adequacy of public facilities and services to serve the office space. RESPONSE: Staff finds the proposal will create no impact to the public facilities and services. CRITERIA 5. Compliance with all additional standards imposed by the Aspen Area Comprehensive Plan and all other applicable requirements. RESPONSE: Staff finds the use complies with this criteria. To conclude, we find that the proposed office use will create minimal impacts to the hotel itself, and generally meets the review standards above. ALTERNATIVES: The Planning and Zoning Commission may chose to either recommend that the Planning Director sign off on the Conditional Use Amendment and the Insubstantial PUD Amendment, or recommend that the Insubstantial PUD Amendment be taken before Council for their approval. The GMQS Exemption for Change in Use is a one -step process, which could also either be approved or denied at this meeting or tabled pending further information. C:7 RECOMMENDATION: The Planning Office recommends that the Planning and Zoning Commission approve the GMQS Exemption for Change in 1 Use subject to the following conditions: ^> ,� i c r. 1) Compliance with the Housing Authority recommendation to provide impact mitigation for three (3) employees. 2) Compliance with the Engineering Department's requirement of an indoor trash compactor 3) Compliance with the Engineering Department's requirement of limousine /van parking and drop off i We further recommend that P &Z revise the'list of permitted retail uses under the Insubstantial PUD Amendment as recommended by the Planning Office, to be approved and signed off by the Planning Director. Finally, we recommend that the Conditional Use Amendment be approved as proposed. memo.pz.jerome 4 /7�� - L - r.; 7 1Z PC r. 4tAl RONALD GARFIELD* ANDREW V. HECHT** WILLIAM K. GUEST, P.C.'" ROBERT E. KENDIG JANE ELLEN HAMILTON CATHERINE H. McMAHON•sr« •Jw dI w New Y04 Bar ••alw dmin<d w ciao-:. d Col. nm Bar •••Jra dmivd w Ncb�ssta ad Me. Bar ••••ilso dmi�cd w Ifirola far HAND DELIVERY GARFIELD & HECHT, P.C. ATTORNEYS AT LAW VICTORIAN SQUARE BUILDING Roxanne Eflin Planning Department 130 South Galena Street Aspen, CO 81611 601 EAST HYMAN AVENUE ASPEN, COLORADO 81611 February 10, 1989 TELEPHONE (303) 925 -1936 TELECOPIER (303) 925 -3008 NEW RE: Hotel Jerome GMQS Exemption, Conditional Use Amendment and PUD Amendment Dear Roxanne: As requested by you in our telephone conversation of Wednesday, February 8, 1989, this is to set forth facts that are pertinent to your department's and the Housing Authority's consideration of the above - captioned application's impact on employee housing. The 1983 Hotel Jerome PUD Renovation and Addition approved by the Aspen City Council on April 11, 1983 (recorded in Book 440 at Page 750 of the Pitkin County real estate records) provided for a total of 105.hotel rooms and 13,000 square feet of retail space in the new addition. Based on those numbers, the City Council imposed an exaction of nineteen (19) employee housing units from the developer. In 1986 the Amended and Restated Planned Unit Development Agreement, Hotel Jerome - - Renovation and Addition ( recorded in Book 518 at Page 921), reduced the number of hotel rooms from 105 to 94 and eliminated all 13,000 square feet of retail space in the new addition. No credit was given the developer for the reduction in employee generation by reason of the foregoing, although there were clearly fewer employees generated by both the reduction in rooms and the elimination of the retail space. The developer provided all nineteen employee units. The present application seeks an increase of approximately 1000 square feet of office space (conversion of the Grand Parlour Suite to office space), while reducing the number of hotel rooms from 94 to 93. Three of the four persons who will occupy the GARFIELD & HEGHT, P.G. Roxanne Eflin February 10, 1989 Page -2- proposed office space are present employees of the applicant who will move from inadequate and cramped office space already in place. Since the purpose is to relieve the present overcrowded condition of that space, no new employees will be moved into the space formerly occupied by the three who will move into the proposed offices. Accordingly, the only new impact is that of one employee. The City Council deemed the original assessment of nineteen employee units sufficient to satisfy, (in addition to other commercial space in the hotel), the employees generated by 105 rooms and 13,000 square feet of retail space. Since that assessment, the applicant has added only 600 square feet of retail space (with a corresponding reduction in restaurant space), by the conversion of the Tea Room to the antique store (approved by the City Council on its December 12, 1988 Consent Agenda). Theoretically, the original assessment would satisfy the employees generated by an additional 12,400 square feet of retail space, as well as twelve more rooms. The applicant seeks only 1000 square feet of office space (which generates fewer employees than retail space and fifteen percent of which will consist of restrooms to be utilized by other hotel staff in addition to servicing the office space), and will generate only one new employee. The impact of that employee was previously provided for by the original employee housing assessment. It is, therefore, the applicant's position that there will be no impact on employee housing by its proposal that has not been fully satisfied by the original provision of nineteen employee units. Sincerely yours, GARFIELD & HECHT, P.C. \ q Catherine H. McMahon CHM /km DATE RECEIVED: 1 89 DATE COMPLETE: /// a 8 PROJECT NAME: CASELOAD SUMMARY SHEET City of Aspen PARCEL ID AND CASE NO. 2737 - 073 -21- 001- O1A -89 STAFF MEMBER: Project Address: 330 East Main Street Legal Address: Lots A B, C, E, F, G, H, I. Part of N. O, P, O, R, Block 21 APPLICANT: Hotel Jerome Applicant Address: REPRESENTATIVE: Andrew Hecht, Garfield & Hecht Representative Address /Phone: 601 East Hvman Avenue Aspen, Colorado 81611 5 -1936 PAID YES NO AMOUNT: $810.00 NO. OF COMES RECEIVED: 4 TYPE OF APPLICATION: 1 STEP: \// 2 STEP: P &Z Meeting Dates — i PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: / Paid: Insubstantial Amendment or Exemption: V Date: DATE REFERRED: /I/ W K INITIALS: FI NAL ROUTING: DATE ROUTED: /o% YINITIAL: / _ �! City Atty City Engineer _ Zoning _ Env. Health Housing FILE STATUS AND Other: LOCATION • REFERRALS: Attorney Mtn. Bell School District City Engineer _V,lCity Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) — Aspen Water Fire Marshall State Hwy Dept(GJ) City Electric Building Inspector Envir. Hlth. Roaring Fork Other Aspen Consol. Energy Center S.D. DATE REFERRED: /I/ W K INITIALS: FI NAL ROUTING: DATE ROUTED: /o% YINITIAL: / _ �! City Atty City Engineer _ Zoning _ Env. Health Housing FILE STATUS AND Other: LOCATION • CASE DISPOSITION To: File From: Roxanne Eflin, Historic Preservation Planner Re: The Hotel Jerome, 330 East Main St.: GMQS Exemption, Change in Use and Conditional Use Amendment Date: August 21, 1989 On February 21, 1989, the Planning and Zoning Commission approved the applicants request for three items: GMQS Exemption, for the change in use for the Grand Parlour Suite guestroom to office use; A Conditional Use Amendment for the office space; and Insubstantial PUD Amendment approval, establishing a list of permitted retail uses for this project, including the antique store previously converted from the tea room. (Note: Please refer to staff memo and P &Z Minutes of the February 21 minutes attached) Approval was granted for the GMQS Exemption, for the change in use. The three conditions recommended by the Planning Office, stated in the memo, were not included in this approval. Approval was also granted for the Conditional Use Amendment for the Office Space. The Commission further granted approval for the Insubstantial PUD Amendment, adopting the Planning Office's recommended revisions to the applicant's proposed list, as stated in the memo. The approved list is as follows: 1) Professional and business office 2) Restaurant, cabaret and night club, tea room 3) Retail commercial establishment limited to the following and similar uses: antique store, art gallery, bakery, bookstore, camera shop, candy, tobacco or cigarette shop, florist shop, gift shop, jewelry store, photographic shop and stationery store 4) Service commercial establishment limited to the following and similar uses: catering service, financial institution, personal service including barber and beauty shop, custom sewing 5) Rental, repair and wholesaling facilities in conjunction with any of the uses provided in #1 through #4 above, providing all such activity is clearly incidental and accessory to the permitted use and conducted within a building 6) Storage of materials accessory to any of the uses provided in #1 through #5 above, providing all such storage is located within a structure Further, the above list of permitted retail uses is restricted to those uses that are consistent and compatible with the Development Plan for the Hotel Jerome. cd.330em 2 Revised Recommendations - Hotel Jerome memo RECOMMENDATION: The Planning Office recommends that the Planning and Zoning Commission approve the GMQS Exemption for Change in Use subject to the following conditions: 1. The Housing Authority requirement of impact mitigation for 3 employees (60% of the 5.25 employees generated) shall be met prior to office occupancy by either: a) deed restricting units to accommodate three (3) employees at the Northstar Lodge, prior to C.O., or b) payment -in -lieu of $75,000 based upon the low income category guidelines of the Housing Authority, prior to issuance of a building permit for the Change in Use 2. The applicant shall comply with the Engineering Department's requirement to provide an indoor trash compactor, as represented in the original PUD agreement, within 60 days of the Change in Use approval or prior to issuance of a building permit for Change in Use, whichever is soonest. 3. The applicant shall comply with the Engineering Department's requirement that guest drop off be accomplished via the inside of the parking garage, and that no limousine /van parking or drop off be allowed at the main entrance on Main Street. The Applicant and the Engineering Department shall arrange for the installation of "No Parking, Loading or Unloading" signs at the main entrance to eliminate the associated traffic problems. We further recommend that the P &Z revise the list of permitted uses under the Insubstantial PUD Amendment as recommended by the Planning Office, to be approved and signed off by the Planning Director. We also recommend that "Professional office" and "Financial Institution^ be removed from the permitted use list in addition to the deletions noted earlier in this memo. Finally, we recommend that the Conditional Use Amendment be approved as proposed. memo.pz.jerome.2 IJ Lis oat, All, j L -" jr 1 - -- It i( �`�� att C� �{} �) Grp I VIA K } ML. Alwi r.,,.um,ul April 29, 1986 Page 3 HOTEL JEROME Item Approved Proposed Net Difference Floor Area Ratio 2.7 to 1 2.23 to 1 - .47 Square Footage 128,822 106,769 - 22,053 Historic 42,749 43,569 4 820 New 66,073 63,200 - 22,873 Parking - On -Site - 0 - 50 + 50 Parking - Square Footage - 0 - 16,400 + 18,400 Number of Rooms 105 94 - 11 Iistoric 28 27 - 1 New 77 67 - 10 Open Space 11,928 13,200 + 1,272 Height 51.5 53.5 + 2 Retail 13,000 - 0 - - 13,000 .; ..:t:! ....,. - - q ;C .. - 2 )0 s­ .its - 200 Fia�c:ry 5,0L'0 4,000 - 1,060 PERRY A. HARVEY 601 East Bleeker Street Aspen, Colorado 81611 (303) 925 -4545 April 29, 15P,6 Mr. Alan 1ticnnlan Director of Planning city of Aspen 13U South Galena ^,s ^en, Coiurado 61611 Dear Alan: Pursuant to the requirements of Section 24 -8.26 of the City of Aspen Zoning Code, the Hotel Jerome submits this request for certain specific amendments to the Planned Urban Development for the ._. o,n`ic ;n .::n:i 4(;'64tion. ;'h1= I(Ill owl na chances in conc:itioils since the .ccorl atior, of tike Agreewont create the need for this req:)est: 1. HISTORIC: As part of the Listing of tnc Jero;re on the National Register of Historic Places, the National Parr: Service approved the concept of an addition but rejected the d =_sign of the addition with the large bay windows as approved by the City of Aspen. Thus, a redesign of the addition is necessary. 2. ANNEX: As approved, the plans called for removing the Annex anti joining the addition to the north side of the historic Hotel ;)casing, the Annex was retained for kitc :inn and employee housing. A redesign is required to accouunoda.e the continued xist,ncr of the Annex. 3. PARKING: 1;. l r h.t, wil,_n oil tn•. ., 1., l „.. ,.. .1' „• .t .. h.. ti:. ., coincide with the Jerome redevelopment. As t:.• p:irrcing structure is still a future consideration any 'ne Hotel must convonjol;t 'parxilnj, thy' re•1•.•til111 •.Ill! ;/:- :J.. I)I7 -',I C11 parking for employees and guests. 4. USES: Tie approved plan has 13,000 squilre fe_c of retail shops, 4 restaurants with some 450 seats, and 5,0U0 s'luare lcct of meeting space. The current owners wish to eliminate the retail space, keep only the existin two resrant and reduce g t u s the meeting space, to be accomplished through a redesign. Mr. Alan Richman April 29, 1986 Page 2 W;in t follows is a description of the proposed addition and a C): tilt, lmpacL of tai:sit c71allges to Life situ and the C.::uIP U I:1 t l'. 111 Conjunction with till` desci iption, plea!:C ICi:el' to tarn chart 1 have prepared comparing the specifics of the approved and proposed designs Tile new design more closely reflects the desires of the National mark Service in echoing many elements of the Historic building using brick ",with horizontal banding and arched windows with the distinctive "eyebrows" of brick. The footprint of the building has been changed to accommodate retention of the Annex. An area of open space.has been created to provide a break between buildings, light for the Silver;'nueen Dining Room and ventilation for tiie Annex housing. Tile remainder of the building is much the same as approved, located in the parking area and to the west in the pool area'. The approved design called for a tiered setback on Mill Street and at the corner of Mill -and Bleeker. These setbacks were to reduce the winter shading on Bleeker and to give visual relief to the facade of the addition on Mill Street. The proposed desi.gn Vli3 d .i Y: i)t !" sethaer: on nil -el:Cr (ti:el\)e f°et). 'i!1^_ i•il:l `;tree' elevation is no longer setback, due to the need to provide spacious 'note! rooms I.hile maintaining tile imaxi!!lum possible open space. Access from the historic to the addition was along the eastern side of the historic into the new. The new access, down the west side of the historic building, requires a secondary lobby on the west. This will be glass to detract minimally from the facade. The Floor Area Ratio (FAR) has changed dramatically from the approved plan. Retention of the Annex has made the historic portion larger but the overa-11.FAR has been lowered by 178. The total project has' been reduced by almost 23,000 square feet. &d'i'ne this is a significant reduction, of greater importance is the reduced impact on the site and the environs due to the changes . .. °+ ?: -. .. li ii• ^.:. .:Ili +'!f!:It 1,1 ;1 Cif Cii•• retie] 1 i1:: (':• b] l l a•�tr red A;.• �, ':! ) i is i.: •17 1 :1 .: f:i:1:1 1:1 i :UI .. •.I1, i.. •1•:It':. in . -:f :a•C1.5 no tllle V117i :i:l.n l'•..1� J.... 1 Uil v,aln ano i *il i l allow tut' a more gradual ii1111a CL to Lac t:IlLi Lt.' L1 Ci' ui Aspen. GUOS" impact on tin.. Site and ilm"ediate neitinborhoutl has also hoNln su.)s*_anLially improved. The approved plan had 28 rooms in the historic ;wilding and 77 in the new, with the sole guest .iron) -off and pick -up on Main Street. The proposed plan has 27 rooms in the historic and 67 in the addition, for a reduction of 11 rooms over- all. 'A s•acondary guest delivery and pick -up has been designed off Bleeker Street in the enclosed parking area. 'Taxis and special events vehicles can use this second means of entry to alleviate the congestion on Main Street. Mr. Alan Richman April 29, 1986 Page_ 4 i,n.• rc)ow dc!Iign is a critical cl ^n,cn,_ in thr% addition. They to the roow!: in Lin- :ij .l.oric in spaciousness and Uf'i I, L U O U S 1 WS!; . :, J. not, I ,jUesLs 1:1Iahll• L(, r•_:;crv;: historic rooms may clloos: a,tornate lodging, creating a prohlom comparable to the Brown palace's in Denver. The success of the hotel Jerome with a reduced number of rooms requires that all the rooms ue equal in feel to those currently existing. Please keep this in mind during your review of this proposed design. originally parking was set at 60 spaces, 35 for employees and 25 for guests. The analysis made several key assumptions: (1) The Hotel would provide three limousines and market itself as a central facility with no need for a car; (2) the Rio Grande parking lot -,:ouip be replaced with a parking structure; (3) there would be no parking on the Jerome site; and, (4) the off -site employee housing location was unknown and thus assumed to be a commute. The proposed plan comes in light of today's realities. The limousines and the marketing plan are unchanged. The Rio Grande parking still exists and there will be fifty spaces on -site. Finall•:, the Cortina Lodge has been approved for off -site employee .:lui eig ^t parxirg places orhL• bluc". from) the Hotel entran--c. Instead of the sole harking facility being the Rio Grande structure, the Hotel and the orie- blocr: vicinity will boast 50 spaces . on- site, 8 employee "spaces one block away, and the continued exis- tence of parking at the Rio Grande. Thus, if we need 35 employee spaces and 8 are at the Cortina, we need 27 spaces on -site, leaving 23 for guests. For 94 rooms, the ratio of one space for 4.1 guest rooms is marginally better than the approved ratio of one for each 4.2 rooms. Ine new design provides for better delivery to the Hotel. As approved, trucks had to pull across Bleeker and back in, stopping traffic and creating potential problems during the winter. This improved plan allows trucxs to back directly into the parking garage or directly into two off- street parallel spaces. .. 1'..•1: :4t4V !ia:i :,l °'Ii 1[..:l Cal::•: .. I I•i; -. , -!{ to V, 'I I I e r n,l�_ 13 1!1. t:uo•. ,u....... i:.. jf•ron:r alcion; the s:, ::c.• between the historic and new building, un mill Street; anu along Meeker Street. The proposed building is two feet higher- at the corner of mill ahcl [Sleeker. Tnis change is due to the Ashen code, which requires a harap•.t of at least 30 'inches. The zoning officer has chosen to interpret the code so that the building height will be measured to the top of the parapet. The actual building roof is 50.5 feet with 36 inches of parapet. Mr. Alan Richman April 29, 1986 Page 5 The, consctruetiun schedule for Phas_• 11 has a best case and fall !);IC plan. 16",1117, cunstruc 0011 w)(i :4•.In thi;: summer immediately a11.01, '•;ranted. 1:g811)I et. lh:'. .:! i 1,.• In Cline for winter us(t of tho ruows. The winter room us,! is lilt, critical element. If construction is delayed:.so that no rentals will be possible for the winner of 19.66 -1987, then construction will be :ustponed to toe spring of 1987 for opening in December of 1987. Employee generation was estimated to be at 80, with 30 part - time and 50 full- time.`'As the new format will not increase restau- rant space, these employee projections are still valid. The Amendment will not alter the approved housing plan for 4 employees on -site and 15 off - site. In addition to thel',Amendment, a variance is requested from the Planning and Zoning Commission for the trash service area. Area and Bulk requirements call - -for a trash service area abutting the Alley. Section 24.3.7(H)(4) allows variation of this provision by the Plan- ning and Zoning Commission. Under Article 24.3.5(b), we deserve a variance because we provide for enclosing trash compactors within the garage and easily moved containers for use by trash personnel. I loo,: forward to further discuss:cn: regaroin, this improved redesiut: u: the Hotel ierome. Sincerely, Perry A. Harvey PAH /nkb Attachment - 1 MEMORANDUM To: Roxanne Eflin, Planning Office From: Elyse Elliott, Engineering Department Date: February 7, 1989 Re: Hotel Jerome GMQS Exemption- Change in Use; Conditional Use Amendment and Insubstantial PUD Amendment The Engineering Department has the following comments on the above application: The changes in use have apparently already been made by the Hotel Jerome. We have no problem with these changes, we do not view them as impacting the parking or public facilities. However, we would like to make these comments on other aspects of the hotel: 1. It was represented in the original PUD that trash facilities would include a compactor and be indoors. There is not a compactor in use and the dumpsters are located outdoors. 2. We would like the limousines to park in the parking lot inside of the hotel instead of on the street. it would also be preferable if the limousines could drop off guests inside the parking garage. This would improve the traffic and circulation in the front of the hotel. RONALD GARFIELD' ANDREW V. HECHT ** WILLIAM K. GUEST, P.C. * ** ROBERT E. KENDIG JANE ELLEN HAMILTON CATHERINE H. McMAHON * * ** •alw admitted to New York Bar '•also admired to District of Columbia Bar •'also admitted m • Nebraska and Texas Bar -also admitted to Illinois Bar 0 0 GARN E1LD & HECHT, 1P. C. ATTORNEYS AT LAW VICTORIAN SQUARE BUILDING 601 EAST HYMAN AVENUE ASPEN, COLORADO 81611 January 19, 1989 Aspen Planning & Zoning Department 130 South Galena Street Aspen, Colorado 81611 RE: Development Application for Hotel Jerome GMQS Exemption, Conditional Use Amendment and PUD Amendment Gentlemen: TELEPHONE (303) 925 -1936 TELECOPIER (303) 925 -3008 CABLE ADDRESS "GARHEC" Enclosed is a check in the amount of $20.00 to cover the increase in the fee for the above - captioned Development Application. CHM /km Enclosure Sincerely yours, GARFIELD & HECHT, P.C. Catherine H. McMahon 4MI 9 4 y ASPEN /PITRIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920 -5090 January 13, 1989 Andrew Hecht Garfield & Hecht 601 East Hyman Avenue Aspen, Colorado 81611 RE: Hotel Jerome GMQS Exemption- Change in Use; Conditional Use Amendment and Insubstantial PUD Amendment Dear Andy, This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that your application IS complete with the exception of that the fee is $20.00 short. Effective 1/1/89 the fees for City applications changed. Instead of $680.00 for a one step application the fee is $700.00. Please forward the difference to US. We have scheduled your application for review by the Planning and Zoning Commission at a public hearing to be held on Tuesday, February, 21, 1989 at a meeting to begin at 4:30 P.M. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to your application is available at the Planning Office. The Conditional Use portion of this application is a public hearing which requires that the applicant post a sign and mail notice of the public hearing to adjacent property owners. I have enclosed a copy of "Public Hearing Notice Requirements" for your information. If you have any other questions, please call Roxanne Eflin, the planner assigned to your case. Sincerely, Debbie Skehan Administrative Assistant MEMORANDUM TO: City Attorney City Engineer Housing Director FROM: Roxanne Eflin, Planning Office "i RE: Hotel Jerome GMQS Exemption- Change in Use; Conditional Use Amendment and Insubstantial PUD Amendment DATE: January 16, 1989 Attached for your review and comments is an application submitted by Andrew Hecht on behalf of the Hotel Jerome requesting approval to convert the Tea Room at the corner of Main and Mill to an antique shop and to convert the Grand Parlour Suite guestroom on the first floor to office space. Please review this material and return your comments to me no later than February lo, 1989 so that I have time to prepare a memo for the P &Z. Thank you. jo -5 DEVELOPMENT APPLICATION FOR HOTEL JEROME GMQS EXEMPTION, CONDITIONAL USE AMENDMENT AND PUD AMENDMENT SECTION I. II. III. IV. V. VI. VIZ. VIII. TABLE OF CONTENTS LAND USE APPLICATION FORM LETTER OF APPLICATION STREET ADDRESS AND LEGAL DESCRIPTION OF THE PROPERTY DISCLOSURE OF OWNERSHIP OF PROPERTY VICINITY MAP EXPLANATION OF PROPOSED DEVELOPMENT COMPLIANCE PRE - APPLICATION CONFERENCE SUMMARY DEVELOPMENT APPLICATION FOR HOTEL JEROME GMQS EXEMPTION, CONDITIONAL USE AMENDMENT AND PUD AMENDMENT A. INTRODUCTION B. BACKGROUND C. GMQS EXEMPTION 1. Code Requirements 2. Review Standards D. CONDITIONAL USE AMENDMENT 1. Code Requirements 2. Review Standards E. PUD AMENDMENT 1. Code Requirements 2. The Insubstantial Amendment 3. Review Standards I. LAND USE APPLICATION FORM �m AarAr��ttxr 1 LAND USE APPLICAnCU FUW 1) project Name Hotel Jelarie 2) project location 330 East Main Street Aspen, Colorado 81611 (indicate street address, lot & block rLzber, legal description where appropriate) Cr - Ccmrercial Core 3) Present Zoning (H - Historic ri- signation) 4) lot Size 47,712 square feet 5) Applicant's Name, Address & Phone # Hotel Jerom 330 East Main Street, Aspm, Colorado 81611 (303) 920 -1000 6) Representative 9 s Name, Address & Phone # Andrew V Hecht Barfield & Hecht. P.C., 601 East Human Avenue Aspen Colorado 81611 7) Type of Application (please check all that apply): X Conditional Use orneptual SPA Conceptual Historic Dev. Special Review Final SPA Final Historic Dev. 8040 Greenline Cornoeptual PUD Minor Historic Dev. Stream Margin Final PUD Historic Demolition Mounta- n View Plane _ Subdivision _ Hi-s-toric Designation Condaminivmi nation T1e3et/Map Amendment _ QK�S Allotment Int Split/lat Line —X CK2S Fmmptim Adjustment X PUD Amendment 8) Description of Ecictim Uses (ember and type of existing structures: apprmc mate sq. ft.; ember of bedrooms: any previous approvals granted to the Pte)- The Jotel Jerome consists of the renovated original hotel and the new addition to the north Sloe Or the n157011(, IIULC I square feet. The existing uses include 94 bedrooms (27 in the historic hotel and 67 in the addition) , two restaurants with some 225 seats, and some 4000 scruare feet of meeting space Previous approvals granted to the property are the Hotel Jerane PUD, Renovation and Addition recorded on May 10, 1983 in ** 9) Description of Development Application The applicant seeks to (1) convert the Maa Rom at the mrnar of Main and Mill Streets to an antique shop, and (2) convert the Grand Parlour Suite guestroom on the first floor to office space. 10) Have you attached the following? X Response to Attac meat 2, MUUZLM SUbmIssIcn Oxternts X Response to Attac mernt 3, Specific Submission 0ontennts for PUD Amendment y_ Rye to Attadment 4, Review Standards for Your Application * *Book 444 at Page 750, Pitkin County, Colorado, and Amended and Restated Planned Unit Development Agreement, Hotel Jerome - Renovation and Addition recorded on September 15, 1986 in Book 518 at Page 921, Pitkin County, Colorado. *Not applicable for GMQS Exemption and Conditional Use II. LETTER OF APPLICATION 'IN RONALD GARFIELD' ANDREW V. HECHT" WILLIAM K. GUEST, P.C.' *' ROBERT E. KENDIG JANE ELLEN HAMILTON CATHERINE H. McMAHON * * ** •alu admitted to New York Bar ••also edntood to Doatt. or Commb,e eat •••alw Ar000 d to Neb,.k eM Team Bar • ••ala adminM to Moto, Ban l / GAR ELD & HECHT, P.C. ATTORNEYS AT LAW VICTORIAN SQUARE BUILDING 601 EAST HYMAN AVENUE ASPEN, COLORADO 81611 Aspen Planning & Zoning Commission Members 130 South Galena Street Aspen, Colorado 81611 January 5 , 1989 �.M \a✓ RE: Development Application for Hotel Jerome GMQS Exemption, Conditional Use Amendment and PUD Amendment Dear Commission Members: TELEPHONE (303) 925 -1936 TELECOPIER (303) 925 -3008 CABLE ADDRESS "GARHEC" Enclosed are four (4) copies of the above - captioned Development Application, together with a check in the amount of $810.00 to cover the processing fee. The Applicant's name and address is: Hotel Jerome 330 East Main Street Aspen, Colorado 81611 920 -1000 The Applicant's representative authorized to act on his behalf is: Andrew V. Hecht Garfield & Hecht, P.C. 601 East Hyman Avenue Aspen, Colorado 81611 925 -1936 Please schedule the Developme Application on the Planning & Zoning Commission's agenda on the arrest possible date. HOTEL BY: T. Richa Butera III. STREET ADDRESS AND LEGAL DESCRIPTION OF THE PROPERTY STREET ADDRESS HOTEL JEROME 330 East Main Street Aspen, Colorado 81611 LEGAL DESCRIPTION Lots A, B, C, D, E, F, G, H, I, O, P, Q, R, S and the East 20 feet of Lot N, Block 79, together with the East 170 feet of the alley in said Block 79, CITY AND TOWNSITE OF ASPEN. 2735AB OWNERSHIP AND ENCUMBRAf 7 REPORT Made Forparf ield & Hecht, P. C. STEWART TITLE OF ASPEN, INC. HEREBY CERTIFIES from a search of the books in this office that the owner of Lots A, B, C, D, E, F, G, H, I, 0, P, Q, R, S and the East 20 feet of Lot N, Block 79, together with the East 170 feet of the alley in said Block 79, CITY AND TOWNSITE OF ASPEN. $100.00 Situated in the County of Pitkin, State of Colorado, appears to be vested in the name of Marketing Corporation of America NOTE: Structural improvements and appurtenances including basements, foundations and fixtures situated upon the subject property were conveyed to Jerome Palace Limited Partnership by Deed recorded June 7, 1985 in Book 487 at Page 495 as Reception No. 268763. and that the above described property appears to be subject to the following Lease Agreement between Marketing Corporation of America ! "Landlord ") and Jerome Palace Limited Partnership ( "Tenant ") evidenced by Memorandum of Lease Agreement recorded June 7, 1985 in Book 487 at Page 499 as Reception No. 268765, and Amendments thereto recorded December 10, 1986 in Book 524 at Page 739 as Reception No. 283978 and in Book 524 at Page 742 as Reception No. 283979. (Affects Lots 0 -S, the East 20 feet of Lot N, and Alley) Lease Agreement between Marketing Corporation of America ( "Landlord ") and the Hotel Jerome Limited Partnership ( "Tenant ") recorded August 8, 1986 in Book 516 at Page 194 as Reception No. 280302. (Affects Lots A -I) A Deed of Trust dated September 16, 1985, executed by The Hotel Jerome Limited Partnership and Marketing Corporation of America, to the Public Trustee of Pitkin County, to secure an See Continuation Page EXCEPT all easements, right -of -ways, restrictions and reservations of record. EXCEPT any and all unpaid taxes and assessments. This report does not reflect any of the following matters: 1) Bankruptcies which, from date of adjudication of the most recent bankruptcies, antedate the report by more than fourteen (14) years. 2) Suits and judgments which, from date of entry, antedate the report by more than seven (7) years or until the governing statute of limitations has expired, whichever is the longer period. 3) Unpaid tax liens which, from date of payment, antedate the report by more than seven (7) years. Although we believe the facts stated are true, this Certificate is not to be construed as an abstract of title, nor an opinion of title, nor a guaranty of title, and it is understood and agreed that Stewart Title of Aspen, Inc., neither assumes, nor will be charged with any financial obligation or liability whatever on any state- ment contained herein. Dated at Aspen, Colorado, this 13th STEWART TITLE OF ASPEN, INC. BY A,22!, �25 Authorized Signature Stewart Title Form OEZ 10/82 day of December A.D. 19 88 at 8:00 A.M. ORDER. NO.:2735AB rAGE 2 OV indebtedness of $6,000,000.00, in favor of The Bank of New York, recorded September 17, 1985 in Book 495 at Page 228 as Reception No. 271473. NOTE: Loan Modification Agreement recorded December 10, 1986 in Book 524 at Page 700 as Reception No. 283976, given in connection with the above Deed of Trust. Security interest under the Uniform Commercial Code affecting the subject property, notice of which is given by Financing Statement from The Hotel Jerome Limited Partnership, debtors, to The Bank of New York, secured party, as Filing No. 09451, recorded September 17, 1985 in Book 495 at Page 274 as Reception No. 271474. Security interest under the Uniform Commercial Code affecting the subject property, notice of which is given by Financing Statement from The Hotel Jerome Limited Partnership, debtors, to The Bank of New York, secured party, as Filing No. 09452, recorded September 17, 1985 in Book 495 at Page 275 as Reception No. 271475. Liens filed by the State of Colorado Division of Employment and Training: recorded February 3, 1986 in Book 504 at Page 701 as Reception No. 275373; in Book 504 at Page 702 as Reception No. 275328; in Book 504 at Page 703 as Reception No. 275329 and in Book 504 at Page 704 as Reception No. 275330. A Deed of Trust dated August 22, 1986, executed by The Hotel Jerome Limited Partnership and Marketing Corporation of America, to the Public Trustee of Pitkin County, to secure an indebtedness of $9,000,000.00, in favor of The Bank of New York, recorded December 10, 1986 in Book 524 at Page 660 as Reception No. 283974. NOTE: Disburser's Notice recorded December 10, 1986 in Book 524 at Page 733 as Reception No. 283977. Security interest under the Uniform Commercial Code affecting the subject property, notice of which is given by Financing Statement from The Hotel Jerome Limited Partnership, debtors, to The Bank of New York, secured party, as Filing No. 10438, recorded December 10, 1986 in Book 524 at Page 708 as Reception No. 283975. A Deed of Trust dated December 9, 1986, executed by Marketing Corporation of America, a Connecticut Corporation and The Hotel Jerome Limited Partnership, to the Public Trustee of Pitkin County, to secure an indebtedness of $1,600,000.00, in favor of Jerome Hotel Company, recorded December 10, 1986 in Book 524 at Page 746 as Reception No. 283980. Security Agreement between the Hotel Jerome Limited Partnership and Marketing Corporation of America, debtors, and Jerome Hotel Company, secured party, to secure six promissory notes totaling $600,000.00, dated June 6, 1985, recorded December 10, 1986 in Book 524 at Page 757 as Reception No. 283981. Security interest under the Uniform Commercial Code affecting the subject property, notice of which is given by Financing Statement from The Hotel Jerome Limited Partnership (formerly Jerome Palace Limited Partnership) and Marketing Corporation of America, debtors, to Jerome Hotel Company, secured party, as Filing No. 10440, recorded December 10, 1986 in Book 524 at Page 764 as Reception No. 283982. V. VICINITY MAP 5CAL E * 10 - 0,bO 1 PROPERTY DESCRIPTION Au OF LoT5 A, B, C, D, E, F, G, H, I, O P, Q, R, 5, THE EAbTEKL4 20 FEET OF LOT N AND THE EA -*EkL4 I -10.78 FEET OF THE VACATED ALL.E4, MOCK 79, CIT4 AND TOWN51TE OF A PEN, F'ITKIN OX94 N, COLOKAPO• SURVEYOR'S CERTIFICATE I JAMES F KES K 1� KE6u CMnFLi THAT TH15 FINAL �LAr'gNED UNIT iJEVELOPMENT PLAT OF74 -IE HOTEL JEADME ACCUKATEL4 REME5EM'5 AN ACTUAL FIELD 5L)IZVE4 MADE UNDER M4 5UPEKVnI0N IN AarOKDANOE ..nr_j riv rolPY1 oF%11hFfi ^TATI rrF'g IQ %'� TITI G 'SSA VI. �r EXPLANATION OF PROPOSED DEVELOPMENT COMPLIANCE (See discussion contained in Development Application, Section VIII herein) n VII. .,J PRE - APPLICATION CONFERENCE SUMMARY CITY OF ASPEN ,..,,, PRC,APPLICATION CONFERENCE SUR,,,.wkRY PROJECT: APPLICANT'S REPRESENTATIVE: REPRESENTATIVE'S PHONE: S- 1 Iq 3 OWNER'S NAME: �1L V t L� 1. Type of Applicat 2 7 Describe action / Areas is which types of reports Policy Area/ Referral Agent SUMMARY requested: Applicant has been requested to respond, requested: Comments 4. Review is: ( &Z Only) (CC Only) Z then to CC) 5. Public Hearing: (YES) (NO) 6. Did you tell applicant to submit list of ADJ ROPERTY OWNERS. (YES)' (NO) Disclosure of Ownership(: (YES))(NO) c 7. What fee was applicant requested to submit: D -t- 8. Anticipated date of submission: ASAP 9. COMMMEN/TS / /U.NI�Q�UE CONCERNS: J-- a1b�a_ �A I LTV �U frm.pre app VIII. DEVELOPMENT APPLICATION FOR HOTEL JEROME GMQS EXEMPTION, CONDITIONAL USE AMENDMENT AND PUD AMENDMENT DEVELOPMENT APPLICATION FOR HOTEL JEROME GMQS EXEMPTION CONDITIONAL USE AMENDMENT AND PUD AMENDMENT A. INTRODUCTION This Application seeks the following in connection with the property commonly known as the Hotel Jerome and more particularly described in Section III herein ( "Property "): (i) a Growth Management Quota System ("GMQS") Exemption by the Planning Commission pursuant to Section 8- 104(B)(1)(b) of the Aspen Municipal Code (the "Code "); (ii) a Conditional Use Amendment by the Planning Commission pursuant to Section 7- 308(B) of the Code; and (iii) a Planned Unit Development ( "PUD") Amendment by the Planning Director pursuant to Section 7- 907(A) of the Code. The purpose of the GMQS Exemption and Conditional Use Amendment is to allow the conversion of the Grand Parlour Suite, a guest room on the first floor of the hotel, to office space. The PUD Amendment, is for the conversion of the Tea Room, the restaurant at the northwest corner of Main and Mill Streets, to an antique store, and to identify permitted uses for that space in anticipation of possible future changes in its use. Following the Planning Director's recommendation in a memorandum dated November 29, 1988 that the conversion of the Tea Room to an antique store be approved, the City Council approved the change on its December 12, 1988 Consent Agenda. (A copy of that memorandum is attached hereto as Exhibit "A ".) The approval was given with the understanding that the Applicant submit a development application that included an insubstantial amendment to the PUD listing permitted uses for the storefront in conjunction with its application pertaining to the Grand Parlour Suite conversion. B. BACKGROUND On April 11, IP983 the Aspen City -Council approved the Hotel Jerome PUD Renovation and Addition (the 111983 PUD Agreement "), which was recorded in the real estate records of Pitkin County in Book 440 at Page 750 on May 10, 1983. When ownership of the hotel passed from John Gilmore to its present owners, it was necessary to amend the original PUD to accommodate a phased development program for the renovation of and addition to the hotel, and to reflect some minor changes in the concept of the project. Accordingly, the Amended and Restated Planned Unit Development Agreement, Hotel Jerome - - Renovation and Addition (the 111986 PUD Agreement ") was approved 'by the Aspen City Council on June 17, 1986 and recorded in the Pitkin County real estate records in Book 518 at Page 921 on September 15, 1986. 1 Paragraphs 12 and 20 of the 1986 PUD Agreement bind the owners of the hotel by all written submissions and representations made in writing to the Planning Commission and City Council during the course of the PUD approval process and incorporated by reference into the Agreement. Whe April 29, 1986 application for the PUD Amendment submitted by the Applicant "presented) that all of the 19,000 square feet of retail space that had been allowed in the prior approval was being eliminated, resulting in no square footage of retail area for the hotel. This was not intended to be a representation that no future retail use would ever be reinstalled. Although it is apparent that the representation pertained to the new addition and that the application should have recognized the historic retail use of the storefront and bar, the matter should be clarified. In addition, the application represented that the historic portion of the hotel would contain 27 guest rooms,, and the conversion of the Grand Parlour Suite to office space reduces that number to 26. C. GMOS EXEMPTION 1. Code Requirements. Section 8- 104(B)(1)(b) of the Code provides that [a]ny change in use of an existing structure between the residential, commercial /office and tourist accommodations categories for which a certificate of occupancy has been issued for at least two (2) years and which is intended to be reused... may be exempted by the Planning Commission from the GMQS provisions of the Code where there is a demonstration of minimal impact. Since the conversion of the Grand Parlour Suite to office space results in a change in use from tourist accommodations to commercial /office space, a GMQS Exemption is required. 2. Review Standards. In order to qualify for a GMQS Exemption, it must be demonstrated that the proposed change in use will have minimal impact upon the City. A determination of minimal impact requires a showing that: 1) a minimal number of additional employees will be generated by the change in use; 2) employee housing will be provided for those employees generated; 3) a minimal amount of additional parking spaces will be demanded by the change in use and that such parking will be provided; 4) there will be minimal visual impact on the neighborhood from the change in use; and 5) minimal demand will be placed on the City's public facilities from the change in use. 2 The conversion of the guest suite located off the lobby on the first floor of the hotel to office space will have minimal impact upon the City. The space is approximately 1000 square feet and contains a bathroom. Its present use as a tourist accommodation generates a considerable amount of traffic in the lobby due to the party activities encouraged by a suite of that size. That traffic will be significantly reduced by the change in use to office space. The space has no access to Main or Mill Streets and thus no traffic circulation impact on the exterior of the hotel. It is not anticipated that additional employees will be generated by converting the space to offices, as the three or four employees that will be using the space are already employed by the hotel. Additional employee housing will thus not be needed. The same is true with respect to parking spaces. Because no new employees are expected to be needed by virtue of the change in use, no additional parking spaces will be required. There will be no visual impact on the neighborhood as a result of the change in use, as the space has no exterior frontage on Mill Street. There will also be no additional demand placed on the City's public facilities as a result of the change in use. The foregoing facts clearly demonstrate that the change in use will have minimal or no impact upon the City. D. CONDITIONAL USE AMENDMENT 1. Code Requirements. The Hotel Jerome is located in the Commercial Core (CC) Zone District ( "CC District ") , in which a hotel use can be permitted as a conditional use pursuant to Section 5- 209(C) of the Code. Both the 1983 and 1986 Hotel Jerome PUD approvals by the Aspen City Council permitted the operation of the hotel as a conditional use. Under Section 5- 209(B) (2) of the Code, office space is a permitted use in the CC District. Section 7 -201 of the Code provides for development of a permitted use (one designated as a permitted use for the applicable Zone District in Section 5 of the Code) as a matter of right, since permitted uses are consistent with other land uses in the same Zone District in which they are located. The elimination of the Grand Parlour Suite as a guest room by its conversion to office space results in a change from the conditional hotel use approved in the 1986 PUD approval process to a permitted office space use. This change from hotel to office use thus requires an amendment to the conditional use permit approved in the 1986 PUD Agreement. 3 2. Review Standards. Amending a conditional use to a permitted use logically results in a use that is in fact more consistent with other uses in the CC District. Nonetheless, the review standards for the development of a conditional use as set forth in Section 7 -304 of the Code will be applied to the proposed office space use to demonstrate that the proposed use meets those standards. a. Consistency with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is proposed to be located. Since Section 5- 209(B)(2) lists professional and business office as a permitted use in the CC District in which the Hotel Jerome is located, the conversion of the guest room to offices is wholly consistent with the goals, objectives and standards of the Comprehensive Plan and the intent of the CC District. b. Consistency and compatibility with the character of the immediate vicinity and surrounding land uses. The use of the Grand Parlour Suite as offices is consistent and compatible with the character of the immediate vicinity and land uses surrounding the Hotel Jerome. It should be noted that there is a professional office building at 201 North Mill Street directly across Sleeker Street from the Property, as well as a mixture of other CC District permitted uses in the immediate vicinity. Due to its accessory relationship to the hotel and the existing office space in the hotel, the office use is also consistent and compatible with the hotel itself. Moreover, as pointed out in Section C above, the amount of interior traffic in the hotel lobby will be reduced by the change in use. C. Minimization of adverse effects on surrounding properties. Use of the guest room as offices will have no adverse effects on surrounding properties. There will be no change in visual impact, as the exterior of the building will remain unchanged. Since the anticipated three or four occupants of the offices are already employed by the hotel, there will be no additional impacts on pedestrian and vehicular circulation or parking. There will be no added trash, service delivery, noise, vibrations or odor by reason of offices as opposed to a guest room. 4 d. No additional public facilities or services will be required to serve the offices. e. applicable requirements. Since the proposed office use is permitted in the CC District, it complies with all additional standards and applicable requirements of the Code. E. PUD AMENDMENT 1. Code Reauirements. Section 7- 907(A) of the Code provides that an insubstantial amendment to an approved development order may be authorized by the Planning Director. The 1986 PUD approval provided that the space on the northwest corner of Mill and Main Streets was to contain a Tea Room. During the course of the PUD approval process, a written representation was made on behalf of the owners of the Property that the Property would contain no retail space after renovation. As the Planning Director has acknowledged (see Exhibit A hereto), the historic use of the storefront in question has always been retail and the 1986 application should have recognized that fact. In addition, the antique store has considerably less traffic and employee impact than the Tea Room and has an accessory relationship to the hotel in that it will sell the types of items displayed throughout the hotel. Accordingly, the change from Tea Room to antique store was approved by the City Council on its December 12, 1988 Consent Agenda. Since the representation that there would be no retail space should have been confined to the new addition and not have included the historic retail use of the storefront, the Planning Director directed the Applicant to process an insubstantial amendment to the PUD. The amendment is to identify permitted uses for that space in order to eliminate potential confusion should there be a proposed change in use in the future. 2. The Insubstantial Amendment. The 1986 PUD Agreement should be amended as follows: The following uses are permitted in the historic storefront space located in the Property on the northwest corner of Main and Mill Streets: \, J 1) Professional and business office; 2) Restaurant, cabaret and night club, tea room; 3) Retail commercial establishment limited to the following and similar uses: antique store, art gallery, bakery, bookstore, camera shop, candy, tobacco or cigarette store, clothes store, florist shop, gift shop, hobby shop, jewelry shop, photography shop, record store, shoe store, sporting goods store, stationery store, variety store; 4) Service commercial establishment limited to the following and similar uses: catering service, financial institution, personal service including barber and beauty shop, custom sewing; 5) Rental, repair and wholesaling facilities in conjunction with any of the uses provided in 1 through 4 above, provided all such activity is clearly incidental and accessory to the permitted use and conducted within a building; 6) Storage of materials accessory to any of the uses provided in 1 through 5 above, provided all such storage is located within a structure. 3. Review Standards. The purpose of the CC District as stated in Section 5- 209(A) of the Code is to allow the use of land for retail and service commercial, recreation and institutional purposes with customary accessory uses to enhance the business and service character in the central business core of the City. That all of the permitted uses set forth above are consistent with that purpose is confirmed by their listing in Section 5- 209(B) of the Code as permitted uses. It should be noted that the list of permitted uses proposed by the Applicant is less extensive than that allowed by Section 5- 209(B) of the Code. Rather it is restricted to those uses that are consistent and compatible with the Conceptual 2 Development Plan for the Hotel Jerome. Accordingly, the insubstantial PUD amendment should be approved. c: \chm \re \jerome.da 7 Respectfully submitted, Garfield & Hecht, P.C. One of said attorneys RONALD GARFIELD* ANDREW V. HECHT ** WILLIAM K. GUEST, P.C. * ** ROBERT E. KENDIG JANE ELLEN HAMILTON CATHERINE H. McMAHON * * ** .also dmin w New Yark Bm -- i Amil b Dieuict of ColumM By * "alro aAmind m NeUrasta W Rxas Bar • ••tlso admiBN b Illirois By HAND DELIVERY N GARFIELD & HECHT, P.C. ATTORNEYS AT LAW Roxanne Eflin Planning Department 130 South Galena Street Aspen, CO 81611 VICTORIAN SQUARE BUILDING 601 EAST HYMAN AVENUE ASPEN, COLORADO 81611 February 10, 1989 TELEPHONE (303) 925 -1936 TELECOPIER (303) 925 -3008 M ', RE: Hotel Jerome GMQS Exemption, Conditional Use Amendment and PUD Amendment Dear Roxanne: As requested by you in our telephone conversation of Wednesday, February 8, 1989, this is to set forth facts that are pertinent to your department's and the Housing Authority's consideration of the above - captioned application's impact on employee housing. The 1983 Hotel Jerome PUD Renovation and Addition approved by the Aspen City Council on April 11, 1983 (recorded in Book 440 at Page 750 of the Pitkin County real estate records) provided for a total of 105 hotel rooms and 13,000 square feet of retail space in the new addition. Based on those numbers, the City Council imposed an exaction of nineteen (19) employee housing units from the developer. In 1986 the Amended and Restated Planned Unit Development Agreement, Hotel Jerome - - Renovation and Addition ( recorded in Book 518 at Page 921), reduced the number of hotel rooms from 105 to 94 and eliminated all 13,000 square feet of retail space in the new addition. No credit was given the developer for the reduction in employee generation by reason of the foregoing, although there were clearly fewer employees generated by both the reduction in rooms and the elimination of the retail space. The developer provided all nineteen employee units. The present application seeks an increase of approximately 1000 square feet of office space (conversion of the Grand Parlour Suite to office space), while reducing the number of hotel rooms from 94 to 93. Three of the four persons who will occupy the GARFIELD & HRGHT, P.G. Roxanne Eflin February 10, 1989 Page -2- �t 4% proposed office space are present employees of the applicant who will move from inadequate and cramped office space already in place. Since the purpose is to relieve the present overcrowded condition of that space, no new employees will be moved into the space formerly occupied by the three who will move into the proposed offices. Accordingly, the only new impact is that of one employee. The City Council deemed the original assessment of nineteen employee units sufficient to satisfy, (in addition to other commercial space in the hotel), the employees generated by 105 rooms and 13,000 square feet of retail space. Since that assessment, the applicant has added only 600 square feet of retail space (with a corresponding reduction in restaurant space), by the conversion of the Tea Room to the antique store (approved by the City Council on its December 12, 1988 Consent Agenda). Theoretically, the original assessment would satisfy the employees generated by an additional 12,400 square feet of retail space, as well as twelve more rooms. The applicant seeks only 1000 square feet of office space (which generates fewer employees than retail space and fifteen percent of which will consist of restrooms to be utilized by other hotel staff in addition to servicing the office space), and will generate only one new employee. The impact of that employee was previously provided for by the original employee housing assessment. It is, therefore, the applicant's position that there will be no impact on employee housing by its proposal that has not been fully satisfied by the original provision of nineteen employee units. Sincerely yours, GARFIELD & HECHT, P.C. Catherine H. McMahon CHM /km -, EXHIBIT "A" MEMORANDUM TO: Aspen City Council THRU: Robert S. Anderson, Jr., City Manager FROM: Alan Richman, Planning Director Ni`_ RE: Consent Agenda Item: Hotel Jerome Tea Room DATE: November 29, 1988 Attached is a letter I sent to Dick Butera of the Hotel Jerome and the original letter which Mr. Butera sent to me. In the letter, it is requested that the Tea Room be permitted to be converted into an antique store. My response to this request is that it should be approved. The applicant represents that the storefront in question has contained various retail uses during the Hotel's 99 year history. He also notes that the antique store has considerably less impact than the Tea Room and also has an accessory relationship to the Hotel, where similar antiques are displayed. The only reason to question this change is the representation made by the applicant which we found when reviewing the PUD Agreement and original PUD application. The applicant stated in an April, 1986 letter that the 13,000 square feet of retail space proposed in the "Gilmore Plan" was being eliminated. The applicant has clarified for me that the 13,000 square feet of retail space referred to in the application was located in the new addition and that the application erroneously neglected to recognize the historic use of the storefront for retail use. In fact, the application also neglected to recognize the historic use of the bar. Obviously, both the bar and Tea Room had been in operation for several months at the time of this letter and should not have been considered to be eliminated by this statement. Unless Council objects to my determination, I will inform Mr. Butera that he can proceed with this change. As you will note from my letter, I have already informed him of the need to process an amendment application for the proposed new offices within the hotel, to include a list of permitted retail uses for the storefront. Having such a list, which we also have for the Little Nell and Ritz - Carlton projects, should eliminate any potential confusion in this regard in the future. jeromeconsent Aspen%PitkinTlanning Office 130 sou th'gaIena street aspen, colorad .81611 November 29, 1988 Mr. T. Richard Butera Hotel Jerome 330 East Main Street Aspen, Colorado 81611 Dear Dick, I have reviewed your letter dated November 25, written in response to our meeting of that same day. In the letter, you request the ability to convert the Tea Room into an antique store. You suggest that this is an appropriate use of this storefront because its historic use has always been retail, its impacts are significantly less than that of a restaurant and the antique sales have a natural relationship to the hotel, which is filled with similar antiques. After considerable thought, I have determined that your arguments are reasonable. The most persuasive argument for me is that the corner storefront has always been some type of retail shop. The only problem for me is the representation made in the Hotel Jerome PUD approval that all retail uses were being eliminated. In our meeting, you stated that in April, 1986, when the representation about retail uses was made, the tea room was already in operation. I can verify that this is true and can also understand your position that the applicant made an error by not being clear that all proposed retail space was being eliminated, not the historic retail uses in the old hotel. Given the lack of clarity in the PUD representations, I am going to place this item on the City Council consent agenda for December 12. The memo to Council will state that I am prepared to sign off on the change in shops unless Council objects. The second request made in the letter, to convert the Grand Parlour Suite on the first floor to offices, will require submission of a land use application. As I explained to Andy Hecht on the phone yesterday, this change in use requires submission of a land use application for GMQS exemption and conditional use amendment by P &Z. Simultaneously, you should process a minor amendment to the PUD, within which you identify the list of permitted retail uses in the old hotel. This list might be as extensive as that permitted in the CC zone district or might be more limited. It is up to you to propose the list, to which we will react in our review memo. r a ✓y If you do not submit this application, we will have to look at future changes to the use of the retail shop in the same manner as we have done for the current proposal. This will require that any retail use have some accessory relationship to the hotel itself, a relationship which does exist with the proposed antique store, but which may not for a future proposal. I hope you will agree that we can avoid a lot of unnecessary arguments through this minor clarification and that you will proceed with this application. Please be aware that the processing fee for all of the requested changes is $680 and that four copies of the entire application should be submitted. Please let me know if I information on this matter. cc: Andy Hecht Fred Gannett buteraltr can provide you with additional Sincerely, &7t hman Planning Director 11► JEROM E November 25, 1988 Alan Richmond City Hall 130 S. Galena Aspen, Colorado 81611 Dear Alan, The purpose of this letter is to clarify our request regarding the Tea Room and the Grand Parlour Suite on the first floor of the Hotel Jerome. In regard to the Tea Room, we have made a decision to convert it into a shop selling Victorian antiques. Zoey Compton, the decorator for the hotel, plans to operate it, and sell the kinds of things that are displayed throughout the hotel. We know the restaurant on that corner has failed a couple of times, so it is not feasible to continue that kind of an operation. In fact, the impact of employees and traffic, as a result of a victorian antique shop, will be significantly less than what goes on there as a restaurant. We estimate that there will never be more than two employees on duty in the shop, and in most cases, it will be only one. We feel that it is compatible with the historical tradition of the Jerome and that corner. As you know, that corner has been a retail shop of one kind or another for 99 years. In regard to the Grand Parlour Suite, which is next to the Tea Room and the Lobby of the hotel, we request a change in use of that space. As you know, that space is along Mill Street, and was historically, retail space. There have been various retail shops in and out of there for the past 30 years, that I know. We thought that we could convert that into a hotel suite, and eliminate the commercial use on Mill Street. As far as eliminating the commercial use on Mill Street, I think aesthetically it has been a good thing not having those doors and traffic along that side of the hotel. However, the Suite really does not work as a hotel room because it's on the first floor. The guest's have found it to 3 3 0 E A S T M A I N S T R E E T A 5 P E N C O L O R A D O 8 1 6 I I- 3 0 3 / 9 2 0. 1 0 0 0 be noisy, and it just doesn't seem to be something that is attractive to a potential user. It was probably a bad concept from the beginning, on our part. We now would like to convert it to offices. It is approximately 1000 square feet and contains a bathroom. It lends itself perfectly to that use, having frontage only in the lobby as it does now. We have no intention of having access to Mill Street. Another planning mistake in the hotel was that we came up very short on office space for the operation of the hotel. We are continually fighting this problem and always will be. Converting this space to office space will help in that area because we will have some hotel management operations going on in there. In addition, we will probably have a real estate broker in the space to help justify the economics. In regard to impact, I don't see much difference in what is going on there now, as opposed to a real estate office. Generally, when the suite is rented it contains two people who do generate a good bit of traffic because of their partying activities in a suite like that. I anticipate that the number of people in that space would be three or four, some of whom are already employed in the hotel. I would appreciate your attention to this matter at your earliest convenience. I realize that we have changed concepts here a couple of times, and I apologize. However, it is Christmas and the Tea Room space can generate some much needed revenue for the hotel, if we are permitted to open as an antique shop as soon as possible. Sincerely, 4/' C.:/L T. Richard Butera cc: Andy Hecht J 3 0 E A 5 T M A I N S T R E E T. A 5 P E N C 0 L 0 R A D 0 ! 1 0 1 1 .] 0 3/ 0 7 0 1 0 0 0 TD .. TO: Aspen City Council THRU: Robert S. Anderson, Jr., City Manager FROM: Alan Richman, Planning Director RE: Consent Agenda Item: Hotel Jerome Tea Room DATE: November 29, 1988 Attached is a letter I sent to Dick Butera of the Hotel Jerome and the original letter which Mr. Butera sent to me. In the letter, it is requested that the Tea Room be permitted to be converted into an antique store. My response to this request is that it should be approved. The applicant represents that the storefront in question has contained various retail uses during the Hotel's 99 year history. He also notes that the antique store has considerably less impact than the Tea Room and also has an accessory relationship to the Hotel, where similar antiques are displayed. The only reason to question this change is the representation made by the applicant which we found when reviewing the PUD Agreement and original PUD application. The applicant stated in an April, 1986 letter that the 13,000 square feet of retail space proposed in the "Gilmore Plan" was being eliminated. The applicant has clarified for me that the 13,000 square feet of retail space referred to in the application was located in the new addition and that the application erroneously neglected to recognize the historic use of the storefront for retail use. In fact, the application also neglected to recognize the historic use of the bar. obviously, both the bar and Tea Room had been in operation for several months at the time of this letter and should not have been considered to be eliminated by this statement. Unless Council objects to my determination, I will inform Mr. Butera that he can proceed with this change. As you will note from my letter, I have already informed him of the need to process an amendment application for the proposed new offices within the hotel, to include a list of permitted retail uses for the storefront. Having such a list, which we also have for the Little Nell and Ritz - Carlton projects, should eliminate any potential confusion in this regard in the future. jeromeconsent Asp en /Pitkin Planning Office 130 south. 'galen,au s tree t aspen; color,ado 81611 November 29, 1988 Mr. T. Richard Butera Hotel Jerome 330 East Main Street Aspen, Colorado 81611 Dear Dick, I have reviewed your letter dated November 25, written in response to our meeting of that same day. In the letter, you request the ability to convert the Tea Room into an antique store. You suggest that this is an appropriate use of this storefront because its historic use has always been retail, its impacts are significantly less than that of a restaurant and the antique sales have a natural relationship to the hotel, which is filled with similar antiques. After considerable thought, I have determined that your arguments are reasonable. The most persuasive argument for me is that the corner storefront has always been some type of retail shop. The only problem for me is the representation made in the Hotel Jerome PUD approval that all retail uses were being eliminated. In our meeting, you stated that in April, 1986, when the representation about retail uses was made, the tea room was already in operation. I can verify that this is true and can also understand your position that the applicant made an error by not being clear that all proposed retail space was being eliminated, not the historic retail uses in the old hotel. Given the lack of clarity in the PUD representations, I am going to place this item on the City Council consent agenda for December 12. The memo to Council will state that I am prepared to sign off on the change in shops unless Council objects. The second request made in the letter, to convert the Grand Parlour Suite on the first floor to offices, will require submission of a land use application. As I explained to Andy Hecht on the phone yesterday, this change in use requires submission of a land use application for GMQS exemption and conditional use amendment by P &Z. Simultaneously, you should process a minor amendment to the PUD, within which you identify the list of permitted retail uses in the old hotel. This list might be as extensive as that permitted in the CC zone district or might be more limited. It is up to you to propose the list, to which we will react in our review memo. If you do not submit this application, we will have to look at future changes to the use of the retail shop in the same manner as we have done for the current proposal. This will require that any retail use have some accessory relationship to the hotel itself, a relationship which does exist with the proposed antique store, but which may not for a future proposal. I hope you will agree that we can avoid a lot of unnecessary arguments through this minor clarification and that you will proceed with this application. Please be aware that the processing fee for all of the requested changes is $680 and that four copies of the entire application should be submitted. Please let me know if information on this matter. cc: Andy Hecht Fred Gannett buteraltr can provide you with additional sincerely, Alan Richman Planning Director Y.v,. November 25, 1988 Alan Richmond City Hall 130 S. Galena Aspen, Colorado 81611 Dear Alan, The purpose of this letter is to clarify our request regarding the Tea Room and the Grand Parlour Suite on the first floor of the Hotel Jerome. In regard to the Tea Room, we have made a decision to convert it into a shop selling Victorian antiques. Zoey Compton, the decorator for the hotel, plans to operate it, and sell the kinds of things that are displayed throughout the hotel. We know the restaurant on that corner has failed a couple of times, so it is not feasible to continue that kind of an operation. In fact, the impact of employees and traffic, as a result of a victorian antique shop, will be significantly less than what goes on there as a restaurant. We estimate that there will never be more than two employees on duty in the shop, and in most cases, it will be only one. We feel that it is compatible with the historical tradition of the Jerome and that corner. As you know, that corner has been a retail shop of one kind or another for 99 years. in regard to the Grand Parlour Suite, which is next to the Tea Room and the Lobby of the hotel, we request a change in use of that space. As you know, that space is along Mill Street, and was historically, retail space. There have been various retail shops in and out of there for the past 30 years, that I know. We thought that we could convert that into a hotel suite, and eliminate the commercial use on Mill Street. As far as eliminating the commercial use on Mill Street, I think aesthetically it has been a good thing not having those doors and traffic along that side of the hotel. However, the Suite really does not work as a hotel room because it's on the first floor. The guest's have found it to 3 3 0 E A S T M A I N S T R E E T A S P E N . C G LO P A D O 0 1 6 1 1� 3 0 3/ 9 2 0 - 1 0 0 0 be noisy, and it just doesn't seem to be something that is attractive to a potential user. It was probably a bad concept from the beginning, on our part. We now would like to convert it to offices. It is approximately 1000 square feet and contains a bathroom. It lends itself perfectly to that use, having frontage only in the lobby as it does now. We have no intention of having access to Mill Street. Another planning mistake in the hotel was that we came up very short on office space for the operation of the hotel. We are continually fighting this problem and always will be. Converting this space to office space will help in that area because we will have some hotel management operations going on in there. In addition, we will probably have a real estate broker in the space to help justify the economics. In regard to impact, I don't see much difference in what is going on there now, as opposed to a real estate office. Generally, when the suite is rented it contains two people who do generate a good bit of traffic because of their partying activities in a suite like that. I anticipate that the number of people in that space would be three or four, some of whom are already employed in the hotel. I would appreciate your attention to this matter at your earliest convenience. I realize that we have changed concepts here a couple of times, and I apologize. However, it is Christmas and the Tea Room space can generate some much needed revenue for the hotel, if we are permitted to open as an antique shop as soon as possible. Sincerely, �L T. Richard Butera cc: Andy Hecht 3 3 0 E A S T M A I N S T U E E T - A S P E N. C O L O R A D O 8 1 6 1 1- 3 0 3/ 9 2 0 1 0 0 0 NOTICE TO ADJACENT PROPERTY OWNERS RE: HOTEL JEROME CONDITIONAL USE NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, February 21, 1989 at a meeting to begin at 4:30 P.M. before the Aspen Planning and Zoning Commission to consider an application from the Hotel Jerome requesting an amendment to their 1986 conditional use approval in order to convert the existing Grand Parlour Suite which is a guest room located on the first floor to office space. The Hotel Jerome is located at 330 East Main Street, Aspen, Colorado. For further information, contact the Aspen /Pitkin Planning Office 130 South Galena Street, Aspen, Colorado 81611 (303) 920- 5090. s /C. Welton Anderson Chairman, Aspen Planning and Zoning Commission e 't , -