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HomeMy WebLinkAboutcoa.lu.pu.Hotel Jerome 330 E Main St.A47-90 ,73 013aIOo� CASELOAD SUMMARY SHEET ' °°`'f ,f City of Aspen DATE RECEIVED: 7/31/90 PARCEL ID AND CASE NO. DATE COMPLETE: 7-7 A47-90 // STAFF MEMBER: et - r PROJECT NAME: Hotel Jerome Deck PUD/Amen_dment Project Address: Main Street, As en ,"30 ENlP (N Sr Legal Address: APPLICANT: Applicant Address: REPRESENTATIVE: Nicholas McGrath Representative Address/Phone: 600 E. Hopkins, Suite 203 • Aspen, CO 81611 PAID: YES NO AMOUNT: $1690 NO. OF COPIES RECEIVED: 4 TYPE OF APPLICATION: 1 STEP: 2 STEP: x P&Z Meeting Date C/1 PUBLIC HEARING: / YES2 NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES R-Oi VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REFERRALS: City Attorney Mtn. Bell School District City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshal State Hwy Dept(GJ) City Electric Building Inspector e Envir. Hlth. Roaring Fork Other Aspen Con.S.D. Energy Center J DATE REFERRED: 71 In° INITIALS: N. FINAL ROUTING: DATE ROUTED:;. q ) INITIAL: vl/��' City Atty City Engineer Zoning Env. Health Housing Other: FILE STATUS AND LOCATION: MEMORANDUM TO: Hotel Jerome Deck PUD Amendment File (1990) THRU: Diane Moore, City Planning Director FROM: Kim Johnson Planner DATE: June 12, 1992 RE: Revision of Courtyard Landscaping Summary: Section 7-907 of the Land Use Regulations allows the Planning Director to approve insubstantial amendments to approved PUD Plans. The Hotel Jerome is renovating the courtyard on the west side of the building. The Hotel wishes to replace movable wooden planters with a row of juniper shrubs along the south side of the deck in the courtyard. Staff recommends approval of this request. Findings: I have reviewed the proposed plan submitted to Roxanne Eflin on June 4, 1992 for the renovation and changes to the victorian garden at the Hotel. Since there had been a 1990 PUD amendment for the deck additions, I also researched the file for concerns or constraints regarding landscaping. At that time, the Planning and Zoning Commission wanted to make sure that the "feel" of the courtyard remained "soft" . They did not care much for the proposed wood planter boxes, but agreed to them with the condition that plantings be added to reduce the deck and the planter's visual impacts from the street viewplane. The current proposal calls for a row of juniper shrubs between the deck and the lawn area. I have checked with Julia Marshall, Landscape Architect for the project. She has confirmed that the intended junipers will be 3 ' tall at installation with a mature height of 4 '-5 ' . I am satisfied that these shrubs will provide a suitable visual buffer between the hard surface deck and the lawn as well as from the street, thus meeting the intent of the 1990 approval. Based on the previous approval, the proposed landscaping should be permitted as a Planning Director' s approval. I hereby approve the landscaping changes for the Hotel Jerome as an insubstantial PUD amendment as shown on the 5/29/92 plan by Mt. Daly Enterprises. 121117_ e_a Diane ore, City Planning Director Date C AO �: B L R�OM JUN 4 w 9 9 e Anthony M.DiLucia General Manager June 4, 1992 Ms. Roxanne Eflin Aspen/Pitkin Planning Department 130 S. Galena Aspen, CO 81611 Dear Ms. Eflin: We are requesting your approval to remove the non-compatible flower boxes, (vintage 1990) from our lawn and replace them with juniper bushes as per the attached plan. Please consider this an exemption from the H.P.C.. We appreciate your consideration in this matter. Si erely, nthony M. iLucia 330 East Main Street,Aspen,Colorado 81611 Phone:(303)920-1000 or(800)331-7213 or in Colorado(800)423-0037 Fax:(303)925-2784 June 4, 1992 Otherr Liquor Establishments Managed The Plaza Court Resturant O.M.P. Corporation One Montgomery Plaza Norristown, PA 19401 Dates managed: June 1981- September 1983 Restaurant Closed September 1983 The Jefferson House Ballroom Facility managed September 1983-December 1985 * In both establishments my name was not on liquor license. * I am currently T.I.P.S. Certified. ;r • Aspen/Pit ',-1 ►: b • l ning Office 130 r't.��a6gtr. riU.0 treet AsorIrr. 6 o-i�.�- ,:in : 1611 (303) 9 i J. , , •.?4: 920-5197 Ron Droegmeyer Hotel Jerome 330 E. Main Street Aspen, Co. 81611 May 1, 1991 RE: Street Planter Tree Replacement Dear Ron, This letter follows up our conversation about the plantings in the six terrazzo planters along Main St. As a gardener myself, I can understand your difficulties in maintaining summer flowers in the planters. My review of correspondence from your December request for temporary Christmas trees revealed comments from Historic Planner Roxanne Eflin. At that time she expressed preference for seasonal plantings. I brought the current proposal back to her. She feels that although the evergreen trees do not conform to the historic character of the hotel, she does not disagree with your request based on the maintenance problems you are facing. With the new plantings, we should continue to be aware of those items mentioned by Parks and Streets staff last winter. Those considerations are adequate visibility for pedestrians and vehicles, and proper snow removal. As I understand from our conversation a couple of weeks ago, you will plant a slow- growing, upright juniper species. Please let me know if you have any further questions on this matter. Trul , I 1-41 Kim Jolnson Planner jtkvj/jerome.trees .. f.e• recycled paper DEC _ 4S J. NICHOLAS MCGRATH, P.C. 600 East Hopkins Avenue A Professional Corporation Suite 203 Attorneys Al Law Aspen,Colorado 81611 Telephone(303)925-2612 J.Nicholas McGrath' telecopier(303)925-4402 December 3, 1990 Michael C.Ireland Ms. Kim Johnson Aspen/Pitkin Planning Office 130 S. Galena Aspen, CO 81611 Re: Hotel Jerome, Christmas Trees Dear Kim: The six Christmas trees will be planted in six existing terrazzo planters on the sidewalk. I will pass on to the Jerome Roxanne's informal request that the trees be seasonal planting, that they be replaced in the Spring with flowers in the planters, and that they not be lighted but rather be decorated with bows and/or ornaments. I was told that those were the Jerome's plans before you mentioned those requests, but I wanted to leave it open for the Jerome to put lights on the trees, if it so desired, just for the few weeks at Christmas. As I mentioned I believe trees in the existing planters are part of the approved landscaping plan already. Please see the enclosed sheet, which is sheet 3 of the approved plat, Book 19, Page 8. In any event, I enclose a more legible plat with the planters showing the distances for the engineering department. All of the planters are at least 13 feet 6 inches from the building, well beyond the 8 foot requirement. Thanks for your cooperation. Sincerely yours, J. NICHOLAS McGRATH, P.C. By J. Nicholas McGrath cc: Mr. Jim Gibbard, Engineering Mr. Ron Droegmyer, Gen'l Mgr, Hotel Jerome 'Member,Colo.(1971),Calif(19691,and D.C.(1966)bars - . . • —sy- - i rt c--=I=-----—• — - M 0 . . I - ' t: - : . : i _. ,4 ! i ; il . .I ! ' di I, t, ,I . .., c, " )::. . 1 I •••!:; , - . ___. . . ,:iii I 4 ,I 4 444 i li II 4 r I .. ,:,.. : ••.• .•. : ....- ; - — e •I-i 'It . .1 • ■ 1, I - . i: ! i • , ::.. ;•:... •••i 1 i ! •1 1 1 11 I 1 I 11 1 I I 1e 11 r. 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IF YOU HAVE ANY OTHER QUESTIONS PLEASE CONTACT OUR OFFICE. ---------------x--------------- MESSAGE DISPLAY TO Kim Johnson From: Jim Gibbard Postmark: Dec 14,90 8: 47 AM Subject: Reply to: Jerome trees Reply text: From Jim Gibbard: I approve. Preceding message: From Kim Johnson: I've gotten word back from Jack Reid and George Robinson approving the Hotel's trees. In fact, the trees were planted last week! Anyway, if you also deem that the trees are ok, please CEO me to that effect and I'll send a note to Nick McGrath. Gracias. X MESSAGE DISPLAY TO KIM JOHNSON CC CHUCK ROTH From: Jack Reid Postmark: Dec 07,90 7 : 31 AM Subject: JEROME Message: IT REALLY HAS NO EFFECT ON ME KIM. WE REMOVE SNOW THERE INSTEAD OF PLOWING UP ON SIDEWALKS, AND THEY ARE RESPONSIBLE FOR THE SIDEWALK CLEANING ANYWAY. SINCE THERE IS A STREET LIGHT, THERE ARE NO LINE-OF-SIGHT PROBLEMS. AS LONG AS THEY ARE BACK FAR ENOUGH SO THE BODY OF THE PLOW VEHICLE DOESN'T HIT THEM WHEN IT GOES BY, I'M OK WITH IT. X ORDINANCE 70 SERIES 1990 AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, COLORADO AMENDING THE FINAL PUD DEVELOPMENT PLAN FOR THE HOTEL JEROME (LOTS A-I, O-S, AND THE EAST 20' OF N, BLOCK 79, TOWNSITE OF ASPEN) ALLOWING INCREASED SEASONAL OUTDOOR SEATING TO 125 SEATS, AMENDING THE APPROVED LANDSCAPE PLAN TO INCLUDE A SERVICE DECK, AND APPROVING A LIMITED LIST OF PRIVATE AND PUBLIC "SPECIAL" EVENTS. WHEREAS, the Hotel Jerome has on file in the Pitkin County Clerk and Recorder ' s office an approved Final Development Plan and POD Agreement, amended in 1986 ; and WHEREAS, the Hotel submitted an application and received approval for an Insubstantial PUD Amendment to the Planning Office ir; JL•ne 1990 . This Amendment was a revised Landscape Plan to include a deck addition of 880 square feet; and WHEREAS, a conditional of approval for the Insubstantial Amendment required the Applicant to submit a full PUD Amendment application in order for the Planning Commission and City Council to review a service deck addition as well as other items desired by the Hotel ; and IHEREAS, the Hotel submitted to the Planning Office a PUD Amendment application requesting the service deck, increased outdoor seating to 125 seats, and a list of proposed "special" events which might entail additional seating capacity; and WHEREAS, the Planning Office reviewed the request as well as referral comments made by Historic Preservation Planner Roxanne Eflin and recommended to the Planning Commission approval with conditions; and WHEREAS, The Planning Commission discussed the request and recommendations at it ' s regular meeting on September 18 , 1990 and voted 6-2 in favor of the proposal with amended conditions; and WHEREAS, The Planning Office additionally recommends that in order to help alleviate parking congestion on the streets surrounding the Hotel, twenty-seven (27) employees spaces be marked within the Hotel ' s underground garage, and on an Insubstantial Plat Amendment for the approved PUD (as represented in the PUD Agreement) ; and WHEREAS, City Council reviewed the Commission and Planning Office ' s recommendations and approved the request with conditions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That it does hereby grant Amendment to the Final PUD Development Plan for the for the Hotel Jerome with the following conditions: 1. An amendment to the PUD Agreement and Landscape Plan shall be filed with the Pitkin County Clerk and Recorder within 180 days of approval to reflect the small service deck, landscaping, and list of approved Special Events (new par. 7 (f) . ) The approved events shall be: 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, ant, 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. 2 . The Landscape Plan will contain the corner 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 maintained in perpetuity unless amendments are approved by the PUD Amendment Process. 3 . Outdoor seating is limited to 125 seats, as located on the approved landscape plan. 4 . The PUD Agreement (par. 7 (e) ) shall be amended to reflect 125 seats to be used only between the dates of May 15th and September 15th. 5 . Prior to installing the additional outdoor seating, employee housing for . 96 persons shall be deed restricted to the conditions required by the Aspen Pitkin Housing Authority. The applicant shall meet with the Housing Authority to determine the size of the proposed unit (s) and the applicable rents to be charged. 6 . If the applicant chooses to pay cash-in-lieu for employee . mitigation, the payment must be made to the City Finance Office prior to installing the additional seating. The applicant mist meet with the Housing Authority to determine the amount to be paid based on income categories of . 96 restaurant employees. 7 . The applicant shall dedicate and mark 27 employee parking spaces within the underground garage within 30 days of approval , and amend the 1986 PUD Plat to reflect these dedicated employee parking spaces . 8 . Failure to record the PUD Amendments, Plat amendment, and approved Landscape Plan with the Pitkin County Clerk and Recorder ' s Office within 180 days will result in lapsed approvals, requiring the applicant to repeat the Final PUD process. Section 2: The approval granted hereby shall be subject to all rights of referendum and judicial review; except that the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication provided for in Sec. 6-207 (D) , Section 3 : Any changes to this approved Final PUD Development Plan shall be subject to subsequent reviews and approvals required by the general rules, regulations and ordinances of the City of Aspen. Section 4 : That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 5: A public hearing on the Ordinance shall be held on the /..2.4/(— day of 1990 at 5 : 00 P.M. in the City Council Chambers, Aspen City Hall , Aspen Colorado, fifteen (15) days prior to which a hearing of public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the v7, day of 1990 . William L. Stirling, iyor 4T' cZS'T. ) (404_ Kathry S. Koch, City Clerk FINALLY, 1990 .adopted, passed and approved this .%2�11- day of William L. Stirling, ayor AST'BST. i/ _4C-' Kathry. S. Koch, City Clerk jtkvj/JeromePUD.ord 5 7!) MEMORANDUM TO: Mayor and City Council THRU: Carol O'Dowd, City Manager/- /' THRU: Amy Margerum, Planning Director ai FROM: Kim Johnson, Planner DATE: November 7, 1990 RE: Hotel Jerome PUD Amendment, Second Reading of Ordinance 70 Series 1990. SUMMARY: The Planning and Zoning Commission recommends approval of the requested PUD Amendment with conditions. The request is to allow increased outdoor seating, retain a small service deck, and approval of a list of "special" events. First Reading was held on Oct. 22 and approved by a 5-0 vote. COUNCIL GOALS: This proposal should be considered in light of Goal #10, to preserve the traditional character of the town including historic structures, open space, small lodges and local services. BACKGROUND: Please refer to Planning Commission memo dated 9/10/90. ADVISORY COMMITTEE VOTE: The Planning and Zoning Commission heard the proposed amendment on Sept. 18 . 1990. They voted (6-2) to approve the plan with conditions as clarified and expanded at the meeting. PROBLEM DISCUSSION: Parking: A neighbor of the Jerome spoke on parking problems on streets adjacent to the Hotel. This concern was seconded by the Commission who recommended adding a condition that the Hotel conduct an employee parking survey. Results of this study would be reviewed by the Planning Office for recommendations. Parking Update: At the last meeting Nick Mcgrath, representative for the Hotel, stated that he wished to review documentation regarding the 27 employee parking spaces within the Hotel ' s underground garage. Attachment "B" is copied from the 1986 PUD Agreement and 4/29/86 letter from Perry Harvey, representative for the Hotel at the time. The PUD Agreement states that "As a condition of the approvals granted herein, Owner agrees to provide fifty-one (51) parking spaces on-site, enclosed in a parking garage according to representations made during the approved process. . . " Perry' s letter states " . . .the Hotel must have convenient parking, the redesign [of the Hotel] will provide on-site parking for employees and guests. " Additionally, the letter reads "Thus, if we need 35 employee spaces and 8 are at the Cortina, we need 27 spaces on-site, leaving 23 for guests. " The 1986 PUD Plat of the underground parking garage shows 51 spaces, but does not designate specific ones for employees. The Planning Office recommends that the Council amend the conditions of approval, directing the Hotel to mark 27 employee spaces within the garage, as well as amending the 1986 PUD plat to dedicate these spaces. A revised Ordinance including a condition which states this requirement is provided for Council ' s review and approval. Employee Mitigation: The Commission' s consensus was that the additional 81 seats requested will create a significant employee demand. Planning has calculated employee generation using GMP methods. .96 employees, seasonally adjusted, is the required mitigation figure. However, several Commissioner's felt that this number seemed low. Special Events: The Commission also wished to include a limit on the number of "occasional" weddings and private cocktail receptions to 20 events, in addition to the more public events (Winterskol, 4th of July. ) Deck Area: Several Commissioners are disappointed that the original garden character is being lost due to added hard deck space. Insubstantial Amendment approved in June allowed the large deck, but only granted temporary approval to the small service deck. Although it still complies with the definition of Open Space, the loss of grass changes the feel of the place. The raised wooden planters only add to the hardscape in the courtyard. They concluded discussion by recommending that shrubs be planted along the street sides of the wooden planter boxes. RECOMMENDATION: The Planning Commission recommends approval with conditions. The Planning Office recommends an additional condition requiring 27 employee parking spaces be specified on the PUD Plat (amended by insubstantial process) and also marked within the parking garage. ALTERNATIVES: The Council could separate the requested items and elect approval of only certain elements with conditions. PROPOSED MOTION: I move to approve the Hotel Jerome PUD Amendment with conditions recommended by the Planning Commission and the Planning Office allowing the service deck, seasonal outdoor seating increased to 125 seats, and limited private and public "special" events which exceed the approved seating 2 capacity. I move to have Second Reading of Ordinance 70. J� CITY MANAGER COMMENTS: rc lc -P Attachment: "A" - Staff memo to Planning Commission dated 9/10/90 including proposed Landscape Plan (exhibit "D") "B" - Excerpts from 1986 PUD Agreement and representative Perry Harvey' s 4/29/86 letter. Ordinance 70 for consideration jtkvj/Jerome.ccmemo 3 • Attachment "p" MEMORANDUM TO: Planning and Zoning Commission FROM: Kim Johnson, Planner • RE: Hotel Jerome PUD . Amendment: Landscape Plan changes, Special Events Calendar, Increase in Outdoor Seating DATE: September 10, 1990; Meeting date September 18 SUMMARY: Planning Office recommends approval with conditions of the PUD amendment for landscape plan changes and special events calendar. Staff also recommends that if the Commission approves an increase in outdoor seating, conditions reflecting employee housing mitigation should be required. APPLICANT: Hotel Jerome Associates, represented by Nick McGrath LOCATION: 330 E. Main (Lots A,B,C,D,E,F,G,H,I,O,P,G,R,S, and the • east 20 ft. of Lot N, all in Block 79, Townsite of Aspen, including the east 170 ft. of the alley in Lock 79. ) ZONING: CC (PUD) with Historic Designation APPLICANT'S REQUEST: The Hotel Jerome wishes to amend its approved Landscape Plan and PUD Agreement. The amendment would address three changes: 1) the retention of a small service deck to the landscape plan, as temporarily approved in the June 8, 1990 Planning Director's Insubstantial Amendment; 2) an ,increase of outdoor seating from 44 seats to 125 seats (paragraph 7 (e) of PUD Agreement) ; and 3) the establishment of an administrative review procedure for special events for more extensive use of the outdoor area (a new paragraph 7(f) .) Please see application and landscape plan Attachment "A". • REFERRAL COMMENTS: Roxanne Eflin's Historic Preservation comments are: "The HPC has reviewed the changes proposed, and have accepted them as Minor Development. The service deck currently exists as proposed; I find this to be satisfactory provided ample vegetation screening is maintained around it. The HPC did not have a concern regarding the number of seats in the terrace area, provided this met with PUD requirements, and special events are crucial to keeping the Jerome a viable and vital historic landmark in Aspen. " STAFF COMMENTS: In June of this year, the Hotel Jerome began work on a deck expansion in violation of their existing PUD Landscape Plan. Upon notification of the violation, Mr. McGrath assisted the Hotel in processing an Insubstantial PUD Amendment. Director of Planning Amy Merger= approved the amendment with conditions. One condition was that the applicant must return • with a comprehensive PUD Amendment reflecting proposed uses and site elements. Please refer to the 6/8/90 Planning memo / amendment in the applicant's submittal, The proposed Final PUD Amendment must be presented in a two-step process. The P&Z reviews it at a public hearing. Then a recommendation is forwarded to City Council. ,e One of the conditions of the Insubstantial Amendment approval was that the small• deck area be incorporated into 'a full PUD amendment in conjunction with the other elements sought by the applicant. The Hotel has used the small deck as a bar service area through the summer and wish that it can remain as • a permanent amenity to the patio. As the application letter states, the 1986 approved landscape plan shows "tables and chairs on this area of lawn. Wood decking is a more practical surface according to the applicant. An increase in outdoor seating is the second element of this application. According to the application, the original PUD requested 44 seats as a reasonable number that "seemed to fit." As part of approval by Resolution 86-8, the Commission approved using the open' space for restaurant use of 44 seats. In addition, a special review approval was granted for reduction of trash service area. The management now feels that more customers prefer to eat outdoors than indoors in the summer and wish to increase available seats to 125, located on different deck and patio levels in the courtyard. Planning Staff agrees to a small degree with the applicant that increased outdoor dining will replace some indoor dining. However, it should be asked of the Commission whether or not during the 1986 approval process 125 seats would have been approved without additional employee housing or parking mitigation. Minutes of the June 6, 1986 P&Z meeting where the PUD was approved do not include discussion of the outdoor seating specific to employee generation or patron/employee parking. 80 employees (50 full time, 30 part time) were proposed by. project representative Perry. Harvey. No presentations have been found indicating an employee generation based on square footage or number of seats. The approval required housing mitigation for 15 persons to be housed off-site in restricted employee housing, and 4 hotel rooms to be restricted to employee housing. Since then, Council has approved a substitution of 2 rooms at the Cortina Lodge for the 4 on-site units, for a total of 17 dorm style rooms at the Cortina: Staff checked with the Housing Authority for verification of the deed restrictions on the Cortina units. Yvonne Blocker was helpful in explaining the complex history on the employee housing �a situation for the Hotel Jerome. She stated that the Cortina is o�stj_,�"",^ now at full occupancy/restriction by the Authority' s standards, and no more units can be restricted there. 4 ecent communications `��ae between the Housing Authority and the Hotel bring up awareness of U"'t ) a Building Code Violations at the Cortina a per an inspection of v the Building Department. See Attachment " ". At this time it is t • not known if all of the Building Code deficiencies have been corrected, but the Commission might consider this question in L light of the Hotel's current request.. /) Yvonne also discussed that employee generation for restaurants, L -6 being the highest. employee generator, is 5.5 employees per 1,000 M� 0°�..� s.f. of area. The Land Use Code speaks to interior floor area /° when calculating employees and parking. •But Planning Staff feels that trebling the outdoor seating will create a moderate impact on employee needs. An alternative to this great of an increase might be to reduce the amount of indoor seating available during the outdoor dining season. Staff measured the area on the proposed landscape plan which will be used for the 81 new seats (20 tables. ) Allowing credit for 645 s.f. already approved for dining, new square footage devoted to dining will be 863 s.f. If one uses the 5.5 employees per 1,000 s.f. , the generation is 4.75 employees. Planning Staff uses a 60% threshold number for employee housing needs based on • the GMQS calculation method. Deed restricted housing for 60% of 4.75 employees would be required using this method. This is 2.85 employees. Should the seasonal nature of the dining be used in the employee generation calculation, Planning Staff feels that dates of operation must be incorporated into any approval, and fractional considerations made thereof. For example, operation dates of May 15 through September 15 is 123 days, or 33.7% of the year. Using the 2.85 employee calculation in the above paragraph, 33.7% would be an annual impact of .96 employee. 50 underground parking spaces were provided with the approved PUD. The application broke this figure into 27 employee spaces and 23 guest spaces. The applicant should address the current level of use of the Hotel's underground parking. Would 81 additional, patrons (and staff) generate the need for more parking? Since the 1986 approval the Rio Grande Parking Garage has been completed. The Hotel is within 500' of this structure. In November 1988, Council approved by consent agenda the conversion of the Tea Room in the n.e. corner of the building to an antique shop. In concept, this would have reduced a portion of employees required for restaurant space in the 1986 approval. Planning Staff does not have square footage information of this conversion which would help in evaluating employee impacts. The application contains a- comparison of local restaurants' percentages of indoor and outdoor seating. The average restaurant in the survey has 29% outdoor seating during the summertime (40% high, 19% low. ) If approved as proposed, the Hotel Jerome would have 36% outside seating. Currently, the 44 outside seats represents 14% of the total capacity of 259 seats. A Special Events Approval is also requested as part of the PUD Amendment. If approved as part of the PUD, the events listed in the application would need no further individual approvals as long as they are held within the Hotel Jerome premises. As the application states, these events by their nature would possibly exceed the 125 seats proposed in this amendment. As Roxanne mentioned in her comments above, special events are crucial to the vitality of this important historic landmark. Staff feels that without exception, the hotel must remove extra tables and chairs except for the approved number when these events are not being held. The Planning Staff feels that the Amendment complies with the • General PUD Review requirements: that the proposal is consistent . with the Comprehensive Plan, surrounding land uses, future development of surrounding areas, and does not require GMQS allocations. Increased impacts to City utilities and services _ are not anticipated as a result of this proposal. STAFF RECOMMENDATION: Planning recommends approval with conditions of: the amended landscape/deck plan, and approval for the list of special events for large gatherings as presented in Mr. McGrath's application letter. Recommended conditions of approval are: 1. An amendment to the PUD Agreement and Landscape Plan shall be filed with the Pitkin County Clerk and Recorder within 180 days of approval to reflect the small deck, landscaping, and list of approved Special Events (new par. 7(f) .) The approved events shall be: Winterskol, World Cup skiing events, F.I.S. skiing events, Food and Wine Classic, 4th of July, Labor Day, f, Occasional weddings, Occasional private cocktail receptions, th 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. 2. The Landscape Plan will contain the corner 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. These landscape elements shall be installed no later than May 1, 1991 and maintained in perpetuity unless amendments are approved by the PUD Amendment Process. 3 . Failure to record the PUD Amendments and approved Landscape Plan within 180 days will result in lapsed approvals, requiring the applicant to repeat the Final PUD process. If the Commission wishes to approve an increase in outdoor seating, additional conditions shall include: 4. Outdoor seating is limited to 125 seats, as located on the approved landscape plan. 5. The PUD Agreement (par. 7 (e) ) shall be amended to reflect 125 seats to be used only between the dates of 6. Prior to installing the additional outdoor seating, employee housing for persons shall be deed restricted to the conditions required by the Aspen Pitkin Housing Authority. The applicant shall meet with the Housing Authority to determine the size of the proposed unit(s) and the applicable rents to be charged. 7. If the applicant chooses to pay cash-in-lieu for employee mitigation, the payment must be made to the City Finance Office prior to installing the additional seating. The applicant must meet with the . Housing Authority to determine the amount to be paid based on income categories of restaurant employees. • Attachments: "A" - Application, including landscape plan and Insubstantial Amendment dated 6/8/90. "B" - 11/2/89 Letter to Hotel Jerome (Nan Nichols) from Housing Authority regarding Building Code deficiencies at the Cortina Lodge restricted employee units. jtkvj/jeromepud.memo ArAcitmetat J. NICHOLAS MCGRATH,P.C. 600 East Hopkins Avenue SWie203 A Professional Corporation Aspen.Cdcrado 81611 Attorneys At Low - TeleWwne(303)925-2612 Telecopler(303)925-4402 J.Nicholas McGrath' Michael a Ireland July 31, 1990 Ms. Kim Johnson Aspen/Pitkin Planning Office 3Ut 3 I 130 S. Galena Aspen, CO 81611 Re: Hotel Jerome - Deck - PUD amendment Dear Kim: This is an application to amend the Hotel Jerome's PUD agreement with the city in three respects: (1) for approval of a small service deck towards the front of the patio area, which would be an amendment to the approved landscaping plan; (2) to increase the number of allowed Summer restaurant outdoor seats from the presently approved number of 44 to a figure of 125, which would be an amendment to par. 7(e) of the PIM agreement, and (3) to establish an administrative review procedure for special events approval for more extensive use of the patio area, which would be an amendment by the addition •of a new par. 7(f). 1. Addition of small service deck in front area The landscaping plan as approved in the 1986 PUD agreement (attachment A, to this application) shows a small lawn area adjacent to the hotel, near Main Street. As you will recall, the Jerome replaced the lawn with decking this Summer, and was given permission by the Planning Office to keep that until October 31 or make application by July 31 for formal PUD amendment approval for that deck area. The Jerome would like to retain that small deck, as it provides a service area for outdoor, Summer activities. Without that small deck, the lawn area becomes a muddy quagmire when ever it rains, and the sod has to be replaced almost every year. You will recall, HPC approved the modified patio area/landscaping plan that includes this small deck (see attachment B), but your office believes it needs P & Z and Council approval as a PUD amendment to the approved landscaping plan. I recently obtained a better copy of the 1986 approved landscaping plan, and it shows four tables and 16 outdoor restaurant seats were approved in that location. That would seem to support our argument that that small lawn area was not to be kept open in any way, which strengthens our argument for a deck. We will move those four tables to other deck area, as the enclosures show. 2. Increase in outdoor restaurant seating. I am sure you have reviewed the various Planning Office memoranda and P & Z and Council minutes of that led to 'Member,Colo(1971].Calif(1969) and RC(1966)bars • J. NICHOLAS MCGRATH,P.C. Ms. Johnson July 31, 1990 Page 2 • the adoption of the landscaping plan in the PUD. I have reviewed those and " talked with Perry Harvey and other representatives of the Hotel at the time. So far as the minutes, memos, and Perry's recollection are concerned, the number of seats was never really an issue. Perry and the hotel proposed 44 because that number seemed to fit. Present management has concluded, however, that the Jerome loses a significant amount of Summer restaurant business because visitors like to eat outside. Thus it proposes that 125 seats be allowed (see attachment D). We do not view this as an increase in the size of the restaurants. Summer outside seating is really a substitute for inside seats. Nor do we view this as posing any competitive disadvantage to the restaurants on the mall; rather this would help to put the Jerome back into competition, and there are more than enough visitors for all. The enclosed map shows there is ample room for the additional • outside seats. Our architect did a survey of other restaurants with outdoor seating in open areas, or on City land (see attachment C). Comparable restaurants have outside seating of from 20 per cent to 40 per cent of their total seats. The Jerome has 16.9 per cent outside seats with the existing approval. With 125 seats outside, that percentage would be'36 per cent, which is roughly comparable to The Grill on the Park, Mezzaluna, the Wienerstube, and Smuggler Land Office. 3. Special events approval. The Jerome would also like approval for special events that might involve seating more than the proposed 125 outside seats. These special events would include: Winterskol Any World Cup skiing events • Any F.I.S. skiing events Food & Wine Classic 4th of July Labor Day Occasional weddings Occasional private cocktail receptions, e.g., some MAA event We would propose the addition of a new paragraph 7(f) of the PUD agreement J. NICHOLAS MCGRATH,P.C. Ms. Johnson July 31, 1990 Page 3 that would approve those special events. We believe that the proposed amendment is consistent with the Aspen Area Comprehensive Plan, with the surrounding land uses, with any future development of surrounding areas, and does not require any GMOS allocations. No new water lines are to be built, and no changes or greater impacts are foreseen on fire protection, snow removal or roads. Nor will these changes affect air quality or any of the other variables listed in the code sections on PUDs and PUD amendments. These small changes will, however, enhance the usage of the historic Hotel Jerome as an important community resource by enabling the outside area to be used for slightly larger groups. That is, while the changes will serve the Hotel Jerome's business interests, we hope that the City will view them as serving the City's needs for larger outside Slimmer capacity for events in Aspen. I enclose the application fee. A letter from the owner of the Jerome and a list of owners within 300 feet for notice purposes, follows. Thank you for your consideration. Sincerely yours, J. NICHOLAS MCGRATH, P.C. By pat. 1A-Catak- J. Nicholas McGrath Attorneys for Hotel Jerome Associates, a Colorado limited partnership, owner of the Hotel Jerome cc: Mr. Wolfgang Triebnig Mr. David Gibson -3'-0 Wrought Iron Fence . . _ __ 11 t il . Design �� _._ . � .I Workshop, In. nc. .._� _ .+. __ ••r:. ,,.' , Drawn by Job number i ❑ m 770 Lawn with•' o LIAR (� Trans/ o Issued for Date • , e� ! enerat*rm nit?f}I-pFo'. 1 14•SG ( Yo . . Pub 'p2JIhED DWG R 2 'b0 I n • - , of m it spo 1 - ' I ',rats Me r% *an:: :� . . -I ncem r rig m "r If:e 1 Croquet Lawn m i ,t Access to tem■ IIIiII Ira _itill■111. SO I C :e 1 ._ 1.... �' Scale 1'at6 • E floe 1.......r.,.„(„„.7 1 ._ - _-- _1 f . . . 4 _, 0 16 3211-, 1,F,,, a - . a R.* - _ / =_' t S Landscape Plan • -. ' ' iline:::- it ilt•w Eitt ?Erin• I , f '23Z� APPROVED PUD PL N _ + i i' .. • .� Pool 1 ti o III r• `'��L I I�� y. c • _ �6'-o Fence around Perimeter - at. •., s a, a � ; ,+11 111111111 SPa ' SISI] Lawn rfr � � pV �J'r BE 7T6+.' a . t 711 • ,_. .. . . . -• it MAIN STREET / I City of Aspen sidewalk existing fence _ - ��-- -- a.. ...■ ::- r Tyr -- • New Juniper -ir fl 1?-.. 'd 11.1.1♦UUW I.t+ ♦-s �_ S'P q It ♦ ♦�i ■,y� • 1 Shrubs 'Mann t ..• i existing Crab • a .—.l :rt. ` .. - .!�.` y:• ',r �� Apples war '.Wi. ..r1 _ existing flower /���, •1 . :' I bed �7 - 'IRS ... ..' '-• -+ O 11 tC� Inn 1e� •, existing Aspens - �� � . . New Planters, • ' ® I II Redwood Deck, ',NI I" permitted to -.r "r.. 11111111 remain until /l;b '■■I Oct. 31, 1990 . Imman/cia , Sodded blue rasa- !�,�,■•■■:: Lawn Area. INN S_ i I . I 'win �'• ,__New Planters Ile • a; - .I Ir Lissom■ _Ikn . New Redwood 'I. I I�iI=L a__Comic I Q !' Deck 1�•II:a M, — lL 4= _ a existing sidewalk _r=�1sei1ISi®1 S� 'Ar i_ll�,411I re-• existing Spruce - .� ,I�,�1111 111 existing deck �„�,,,",- I° `� N L. existing Mugo 1r Ii�Pines ' I ' rg����\� 1 • tnt =— — .!_ M exlating pool ' ate�: �C" �� ' -��� 1/ , ...i�1 �. Ali�/ 1lliiiiUiiiiiiiii[NORTH Scala 9'-O" I :,I. 11111*.• ,,..■.I; - "INSUBSTANTIAL AMENDMENT" TO P.U.D. APPROVALS tc•,.. HOTEL JEROME “"//a4/---. /4 . °,'S 24.10 JA7 7/6 /90 GIBSON G. RENO • ARCHITECTS Bunn,r MEMORANDUM TO: Bill Drueding FROM: Kim Johnson, Planning Office.t RE: Jerome Insubstantial PUD Amendment Revising the Approved Landscape Plan a DATE: June 8, 1990 Summary: Planning Staff recommends approval of an Insubstantial PUD Amendment with conditions for deck areas within the Hotel Jerome open space / garden area. Background: In 1986, an amended PUD was approved for the hotel expansion and renovation. Included within the approval was a landscape plan in which the open space on the west side of the hotel was to be turf, flower beds and trees. The PUD agreement filed with the County Clerk states: " all required landscaping for the project shall substantially conform to the landscape plan, annexed hereto as Page 3 of Exhibit "A" and the amended plat, which plan shows the extent and location of all plant materials and other landscape features, flower and shrub bed definition, proposed plant material at mature sizes in appropriate relation to scale, species and size of existing plant • material, proposed treatment of all ground surfaces (e.g. , paving, turf, gravel, etc. ) . . . " A subcommittee of the Historic Preservation Committee reviewed and approved a proposed plan on May 25. At this time, it was not recognized that the approved landscape plan existed which specified turf lawn. On or about May 29, 1990, the Zoning Department issued a red tag to the Hotel Jerome for construction of decks within the open space turf area without approval of a PUD Amendment. Planning Director Amy Margerum and staff then concluded that this plan exceeded the intent of the 1986 PUD Approval in that it removes too much turf area, thus changing the "Victorian Garden" character of the originally approved open space. Staff Comments: Representatives of the Hotel- Jerome (Nick McGrath, Wolfgang Triebnig, Peter Killian, and Dave Gibson) met with Planning Staff on June 7 and came to an agreement for an Insubstantial PUD Amendment for Planning Director ' s approval. This plan • • (Attachment "j4") shows the large deck to be approximately 880 s. £. , a smaller deck of approximately 250 s. f. , and bluegrass lawn area of approximately 1, 000 s. f. As discussed between Planning Staff and Hotel Jerome representatives, the smaller deck will be allowed to exist only until October 31, 1990 unless full PUD Amendment is approved to allow it to continue. The turf area excavated for deck construction but not approved for deck in this Insubstantial Amendment must be returned to turf as a condition of this Insubstantial Amendment approval. A consensus was reached at the June 7 meeting that the conditions of approval for the Insubstantial PUD Amendment revising the approved landscape plan shall be: 1. The large deck will not exceed the size shown on the plan dated 6/8/90. Planters and benches will be. included as deck amenities. • 2. The disturbed turf area between the large deck and the Main Street frontage must be replanted with sod no later than June 13, 1990. 3 . The small deck adjacent to the Jerome Bar .must be removed by October 31, 1990 unless subsequent PUD Amendments allow it to remain. 4 . An application for PUD Amendment reflecting changes not included in this approval and/or the 1986 approval must be filed with the Planning Office no later than July 31, 1990. I approve this Insubstantial PUD Amendment to the Hotel Jerome's landscape plan with the 4 conditions listed above. 4 ' ' Af AA Amy argerum, anning Director gate jtkvj/jerome.dirmem 2 • GIBSON G. RENO ,.-ARCHITECTS 7/24/90 • ASPEN RESTAURANTS SURVEY . Restaurant Name Seating Total % Outdoor Aspen Grove Bar 4 Tables 50 Outside 16 70 23% Cantina Bar 44 Tables 132 Y Outside 42 218 19ro Grill On The Park Bar 15 Tables 54 Outside 38 107 36% Mezzaluna Bar 14 Tables 78 Outside 54 146 37% Mine Co. Bar 23 Tables 78 Outside 30 131 23% Pour La France Bar 5 Tales : 7 Outside 22 101 22% Red Onion Bar 20 Tables 52 Outside 20 92 22% Smuggler Land Bar 25 Tables 60 Outside 58 143 40% Wienerstube Bar 24 Tables 82 Outside -56 162 35% Selected Survey Restaurants : 29% Avg. re 416 E COOPER AVENUE • ASPEN COLORADO 81611 1202/925 5966 • FAX 303/925 5996 GIBSON G. RENO • ARCHITECTS July 31 , 1990 JEROME HOTEL RESTAURANT SEATING Seating Total % Outdoor Jerome Hotel Existing: Bar 61 Tables 154 Outside 44 259 14% Jerome Hotel Proposed: Bar 61 Tables 154 Outside 125 340 36% • 41(3 E. COOPER AVENUE • ASPEN, COLORADO 5161 1 • 303/925-5965 • FAX 303525-5993 . City of A--Th eNlewali. ae=1e"I"g f=oc.� \ -- -- - -- - -- -- • •' •.•r '■■■■■■'.••• .a. : 't •. '... . "1 ..• New Juniper 'in.1�3.11, Ii . UUt bcl/w 441.0 •11 ": N4nn ;;%$'- Shrub• 1` 'ia I■■■■■i i. iik4 -k� i► 1i y Gu:•it ,•eo;1 existing Crab VA ••reee .\Apples wad�it; i7..:^- _, '. I 1. bed existing flower -_, :Mil /�• 1 existing A.pens r� III 4 O II �.j. New Plantar '1 el I Redwood Deck, rfr—�'■■. permitted to a •—= 4211.', remain until -all- —— '... -.—.!■■I 10/31/S0 or � A',., 1 Puo Approval i■■■■Sim■■■. 1 Sodded bluegrass 'BI,i•E■•■■■. Lawn Ares IWiI_Ii l■'. 4 O I 0 ■■! / New Planters .. ., .� 41 1I I. mt. 'I New Redwood IIII� I lik._ - Sack el. I�i■f jk3'id'Oj=i0 '= liiu� ===: � p9I _ existln sidewalk ll1 � 0; /_: ii _ , ►11 existing Spruce ._ ,�: -'�I■■ W r, - -Y2 ��/ j � 11■ ',,tea\- e xisting deck ie \ 1 imp rWlr-�-/, Ari,\_ ___ 1 II i■''j'S �i IA\y%r %,, . existing Mugo 1 Pines s, S M _- -_\ /—.ice.` rJ/1 e xisting pool �'�- iii'_.-,=�,=,-.-9,= 1I •_= i MIIM IgalF a : \'1 I -�wli■■■■t� � r l .I/ fig .,®ire&Sao li��_%giinr_a/► -410• I. =445 icll■■■■■■■■■■■■i allpg I■\E,■■■■■■■■■■■ ,"re— • I■■■■►\►--\■■■f■ .: . ■■■■■I man _—.�_ ilium ■■ 'OUTDOOR SEATING • S� i■... ■■ .:, --_ ,; 1■■■■ ■■ Proposed 125 Seats amt ■■■ ■■ ��I � u: ::: :s" ._\ -- ,i■i■■ i � :III! ®° i�_■■ ■■■ei _Y�,w 1 ■■■■■► i■■■■I `► ::::: :::::�I -S ■■■■■■■■■■■■■■■ice�,, ,o zo ft. '•::::::::1:i::11� 1• 7/27/So ` - •• ,.- ip HOTEL JEROME COURTYARD PLAN P.U.O. AMMENDMENT 1 caieecry c nrNJo • nro-i-[crs I aS" X41- Attachment "B" AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT AGREEMENT HOTEL JEROME - RENOVATION AND ADDITION THIS AGREEMENT made and entered into this day of , 1986, by and between THE CITY OF ASPEN, COLORADO, a municipal corporation and home rule city ( here- inafter referred to as " City") , and HOTEL JEROME LIMITED PARTNER- SHIP and MARKETING CORPORATION OF AMERICA ( hereinafter collec- tively referred to as "Owner") , W I T N E S S E T H: WHEREAS, Owner owns that real property and the building situ- ated thereon , commonly known as the "Hotel Jerome" , more particu- larly described as follows: rots 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. 78 feet of the vacated alley in said Block 79, City and 'Ibwnsite of Aspen , County of Pitkin , State of Colorado ; WHEREAS, Owner' s predecessor in title, John F. Gilmore sub- mitted to the City for approval , execution and recording a final Planned Unit Development (PUD ) plat pertaining to the development of that project known as the "Hotel Jerome - Renovation and Addi- tion" (hereinafter referred to as the " Initial Project" ) ; and WHEREAS, Owner' s predecessor in title entered into a Planned Unit Development Agreement with the City for said Initial Project , entitled "Planned Unit Development Agreement - Hotel Jerome - subordination) of any such person , unless otherwise agreed to in writing by City . The deed restriction and covenants restriction and release form shall be approved as to form by the City Attorney prior to recordation. 9. Parking. As a condition to the approvals granted herein and herewith, Owner shall provide parking in connection with the Project in the manner hereinafter described : - Phase I. In the event a building permit has not been granted for Phase II by October 1 , 1986, Owner shall provide no less than twenty-seven (27) on-site parking spaces , said spaces to be ready for use by tovember 1 , 1986, and to remain in use until the beginning of construction of Phase II. - Phase II. As a condition of the approvals granted herein, Owner agrees to provide fifty-one (51 ) parking spaces on- site , enclosed in a parking garage according to representations made during the approval procesgand noted on the amended plat . These fifty-one (51 ) parking spaces shall include, and shall not be in addition to , the twenty-seven (27 ) spaces to be provided by Owner in connection with Phase I. 10. Encroachments. Owner shall obtain such licenses as may be necessary with respect to encroachments in City rights-of-way . Application for such encroachments shall be pursued by Owner inde- pendently of the approvals contained herein. 11. Periodic Reviews. Owner agrees that every six months following the date of this agreement until construction is cony 17 PERRY A. HARVEY 601 East Sleeker Street Aspen, Colorado 81611 ( 303 ) 925-4545 April 29, 1986 Mr . Alan Richman Director of Planning City of Aspen 130 South Galena Aspen, Colorado 81611 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 Renovation and Addition . The following changes in conditions since the recordation of the Agreement create the need for this request: 1 . HISTORIC: As part of the Listing of the Jerome on the National Register of Historic Places , the National Park Service approved the concept of an addition but rejected the design 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 and joining the addition to the north side of the historic Hotel . With phasing, the Annex was retained for kitchen and employee housing. A redesign is required to accommodate the continued existence of the Annex. 3 . PARKING: In 1983 , when the PUD was approved, development of a parking structure on the Rio Grande property was planned to coincide with the Jerome redevelopment. As the parking structure is still a future consideration andathe Hotel must have convenient parking, the redesign will provide on-site parking for employees and guests 4 . USES: The approved plan has 13 , 000 square feet of retail shops, 4 restaurants with some 450 seats , and 5 , 000 square feet of meeting space. The current owners wish to eliminate the retail space, keep only the existing two restaurants and reduce the meeting space, to be accomplished through a redesign . Mr . Alan Richman April 29 , 1986 Page 4 The room design is a critical element in the addition. They must be comparable to the rooms in the historic in spaciousness and sumptuousness. If not, guests unable to reserve historic rooms may choose alternate lodging, creating a problem 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 be 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 would 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. Finally, the Cortina Lodge has been approved for off-site employee housing, with eight parking places exactly one block from the Hotel entrance. Instead of the sole parking facility being the Rio Grande structure, the Hotel and the one-block 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-siteJleaving 23 for guests. For 94 rooms, the ratio of one space for 4 . guest rooms is marginally better than the approved ratio of one for each 4 . 2 rooms . The 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 trucks to back directly into the parking garage or directly into two off-street parallel spaces . The open space has been increased from 25% to 27 . 6% . The proposed open space is in three areas : The Jerome garden; the space between the historic and new building, on Mill Street; and along Sleeker Street. The proposed building is two feet higher at the corner of Mill and Sleeker. This change is due to the Aspen code , which requires a parapet 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 . J. NICHOLAS MCGRATH, P.C. 600 East Hopkins Avenue A Professional Corporation Suite 203 Attorneys At Law November 9, 1990 Aspen.Colorado 81611 Telephone(303)925 2612 J.Nicholas McGrath* felecoplet 13031 925-0002 Michael C.Ireland City Council City of Aspen 130 S. Galena 0 Aspen, CO 81611 Re: Hotel Jerome Associates, PUD Dear Councilmembers: ;, �, A �Jt„j/„� ' / "' it' P At first reading of our proposed amendment to the Jerom PUD to allow increased outdoor dining in the Summer, the Planning Office's memorandum, which 'P&L . recommends approval of our application, mentioned on a tangential matter that the pp " .I garage was to be used for 27 employee spaces and 23 guest spaces, and asked that we Y�``0�� address the current use of the parking facility. Doug Weiser and I did not have sufficient facts at that hearing, and our belief was that employee use had not been encouraged in the past. Several members of Council seemed to chide us for the Jerome's "violation of its PUD agreement with the City." This letter is to clear up the matter, correct a misunderstanding, and reefgce that the Jerome will actively encourage use of the parking by its employees (and guests). As the Council knows, the undersigned is new counsel for the Hotel Jerome, and D Weiser, Ron Droegmyer (the new General Manager), and The Continental Companies, the company managing the hotel, are all new. None of us participated in the land use approvals of the Jerome. We have all studied those approvals, and particularly the 1986 PUD agreement very carefully. But the representation as to the actual use of the parking garage is not contained in the recorded PUD agreement, but rather was in one n I of many files on the Hotel in the City's records! Thus, until Kim Johnson made the y (✓nlii representation in her memorandum, we were all unaware that those then in control of v��,,� tfrvir Iv- the Jerome has said the 50 places would be used for 27 employee cars and 23 guest cars. ` Thus, neither the Jerome nor any of us currently charged with any Jerome responsibilities `^ intended any violation of any agreement with the City. So hopefully that clears up the rrzz 'The actual language of the PUD recites that the owner provides the parking spaces "according t representations made during the approval process and noted on the recorded plat" The PUD ag ement itself has no restriction as to parking use, there is no notation on the recorded plat, and " epresentations made during the approval process" have been hard to trace down. With Kim's help we have found an April 1986 letter of Perry Harvey to Council that includes the breakdown of 27 spaces on site [for employees], leaving 23 for guests." That was found only three days ago. 'Member.Colo.(1971),Calif.(1969).and O.C.(1966.1 bars J. NICHOLAS MCGRATH, P,C. City Council November 8, 1990 Page 2 misunderstanding. Current management intends to live up to whatever representations were made, and has adopted a new policy for active use of the garage (see Ron's attached memorandum). That should help significantly to alleviate neighborhood parking problems. We would encourage the City to try ways to assure that employees of other businesses do not use the neighborhood for all day parking now that the Jerome's employees will be parking elsewhere. Sincerely yours, J. NICHOLAS ,,IMcG/RATH, P.C. Al By cafe/A- I Nicholas McGrath November 9 , 1990 M E M O R A N D U M To: Hotel Jerome employees From: Ron Droegmyer, General Manager Re: Jerome parking In an effort to help alleviate parking problems in the neighborhood and to attempt to maximize the use of its garage, the Hotel Jerome will begin providing 27 spaces in the garage for use by hotel employees . In the past the Jerome's parking facility has not been adequately utilized. To correct this situation, management will be examining different ideas with respect to the fair implementation of employee parking on site, and would appreciate your suggestions on how such a system could work. Initially, we will be marking 27 places in some fashion for employees to park in. We will need to work out security issues, and access to the garage. If these 27 places are filled, we encourage employees to park in the City's parking structure across the street from the Jerome. The fee is modest, currently $1 . 00 per day. We actively discourage employees from parking in the residential neighborhood around the Jerome. We have had complaints from neighbors , and from City staff with regard to specific members of our staff who regularly park on Sleeker or Monarch Streets . Now that we are actively encouraging use of the garage, employee parking on the street should be eliminated. If we continue to receive complaints because some employees continue to park on the streets, then we will meet with those employees to find a solution to their parking problem. We would like employees to move their cars as soon as they are off work, so that employees on the next shift can also park in the garage. According to our recent survey, a majority of our employees walk or ride the bus to work. We want to encourage that as well . We will try several incentives : any employee who uses and presents a used monthly RFTA ticket will get a 50 punch ticket on us . We will try to work out some small incentive soon for those who walk, or who park in the City garage. RD Draft - November 9 , 1990 If you are interested in parking in the hotel garage, please give your name, make and year of car, and car license number to the Administrative Assistant. Thanks for your cooperation, and I encourage any suggestions . RD Draft - November 9 , 1990 fp 17 EtP{iW71Er h { APR 1 7 1991 ;1 J. NICHOLAS MCGRATH. F.C. IL-11 eoo East Hopkins Avenue Suile 203 A Professional Co rporarion Aspen.Colorado 81611 Attorneys At Law Telephone(303)925-2612 Telecopier(303)925-2402 3 Nicholas McGrath' April 17, 1991 Michael C.Ireland Edward M. Caswall, Esq. City Attorney 130 S. Galena Aspen, CO 81611 Re: Hotel Jerome PUD Dear Jed: I enclose for your review two revised proposed agreements: a Cortina amendment to cover the .96 employee housing restriction, which was a condition of the PUD amendment approving the increase in the Hotel Jerome's outdoor seating from 44 to 125 seats, and a Supplemental PUD agreement pursuant to Ordinance 70, Series of 1990. Please see my letter to you of February 7 (copy enclosed) for the other documents. I have added at the request of the Jerome's principal attorney some provisions that are intended to clarify the confused state of some past PUD matters. I believe I can adequately explain that none of these affect the City's substantive rights, but are important to the Jerome. You are probably quite busy, but I am concerned that we have a May 12 deadline (180 days from November 12, 1990), and of course the Jerome would like to open its increased outdoor seating on May 15. Thanks. Sincerely yours, J. NICHOLAS MCGRATH, P.C.ee By J. Nicholas McGrath cc: Cortina draft to Housing Authority All documents to Planning Office, Att'n: Kim 'Member,Colo.(1971),Call/.(1969),and D .(1966)bars 600 East Hook ins Avenue J. NICHOLAS McGRATH, P.C. Suite 203 A Prolessionol CorooraflOn Aspen.Coloraa0 81611 Attorneys At Low Telepnone(303)925-2612 ielecooler(303)925.4402 J.NicnOlas McGrath' M""Oe" iretand February 7, 1991 Edward M. Caswall, Esq. City Attorney, City of Aspen 130 South Galena Street Aspen, CO 81611 Re: PUD Dear Jed: I enclose for your review, and for review by other City staff as you deem necessary, the following documents proposed to conclude the pending Hotel Jerome matters: 1. Supplemental PUD agreement reflecting the increased outdoor seating and other conditions as granted in Ordinance 70, Series 1990, to which is attached Exhibit A, the revised approved landscaping plan for the courtyard area. 2. Amended plat sheet S with language dedicating twenty-seven (27) spaces for employees and twenty-four (24) spaces for guest parking. 3. An amendment to the Cortina agreement reflecting the dedication of the .96 additional Hotel Jerome employee requirement. Enclosed by way of background are copies of the original amended PUD agreement and Ordinance 70, Series 1990. I have sent copies to the Planning Office, and copies of the Cortina agreement to the Housing Authority. I'd be happy to meet with you to answer any questions when you get the chance. Sincerely, J. NICHOLAS McGRATH, P.C. By COPY SIGNED J. Nicholas McGrath J. Nicholas McGrath • j 15:caswL:05.1a 4 •1 EE3 ca AMENDMENT TO CORTINA DECLARATION OF COVENANTS RESTRICTIONS AND CONDITIONS This amendment to the agreement concerning the Cortina Lodge is entered into this _ day of April, 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, under that declaration the Hotel Jerome is obligated to use nine units in the Cortina (Units 6, 7, 8, 11, 12, 13, 14, 15, and 16) to house 19 employees of the Hotel Jerome, and 'WHEREAS, the Hotel informally agreed additionally to designate Units 1, 2, 3, 4 to house its employees by letter dated December 13, 1989, 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 531 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 Draft 2 - April 12, 1991 McGrath Law Offices change: That is, the obligations cf the Cortina Derr ration and amertdxnents run with the Cortina property but prior owners of the Hotel Jeroirje and the Cortina property axe 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. Except as ;mortified by this Amendment, the original Deelaratiou remains uz full force and effect_ Executed as of the date and year above written. CITY OF ASPEN, a municipal corporation Attest: By Kathryn S. Koch, City Clerk William L. Stirling, Mayor Approved as to form: Edward M. Caswall, Esq., City Attorney Draft 2 - April 12, 1991 2 McGrath Law Offices OWNERS: HOTEL JEROME ASSOCIATES, a Colorado general partnership By T.A. AT ASPEN, LIMITED, Attest: a Delaware corporation, as a general partner thereof By Tony Yamada, President STATE OF COLORADO ) ss County of Pitkin The foregoing instrument was acknowledged before me this of , 1991, by William L. Stirling, as Mayor, and Kathryn S. Koch as City Clerk of the City of Aspen. Witness my hand and official seal. My commission expires: Notary Public Address II Draft 2 - April 12, 1991 McGrath Law Offices i1 STATE OF NEW YORK ) ss County of The foregoing instrument was acknowledged before me this of , 1991, by Tony Yamada, as President and by as Secretary of T.A. at Aspen, Ltd. Witness my hand and official seal. My commission expires: Notary Public Address n18\2cort26.kag cAwp\wip\hlacor26.kag Draft 2 - April 12, 1991 4 McGrath Law Offices 3 l r C 7 '7 � u is SUPPLEMENTAL PUD AGREEMENT City of Aspen - Hotel Jerome This supplemental PUD agreement is entered into this day of , 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 corner 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 Draft 2 - April 12, 1991 McGrath Law Offices it 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 notaticssl as to the 24 guestt27 employee parking space restriction which i to be recorded in the records of Pitkn County. 5. Prior to installing the additional outdoor seating, and contemporaneously with the execution of this PHD Amendment, employee housing for .96 persons shall be deed restricted to the conditions required by the Aspen Piticin Housing Authority. payment must be made to the City Finance Office prior to installing the additional amount to be paid based on income categories of .96 restaurant employees. 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. Draft 2 - April 12, 1991 2 McGrath Law Offices C 7. This agreement is authorized by the& sea No. 70, Series of 1990, adopted on November 12, 1990, and the commitments iertim where completed fully meet and are accepted as fully complying with that Resolution:. 8. It is understood that HJA reserves its position for any future application in which employee housing may be an issue that it is entitled to credit for the diminution in employees occasioned by the conversion of the former tea room, a , restaurant, to an antique shop, a retail use. It is also understood that the City Tlae parties agree that all condition greeedent to the issuance of a perrrianent certificate of occupancy upon the Hotel.Jerome;remodel;and its addition have .been satisfied and a certificate or certificates duly issued. T'he City acknowledges acertificate of occupancy fox the Hotel addition, Prase II, has been Lssuecl tatiti:g:00t4tiot POD Agreement 10. Either party may receive upon twenty (20) days notice an Estoppel certificate from the other that states all monetary obligations under the Amended and Restated PLUT)•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 Pi7I3 Agreement and this Amendrrient, 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 ns in default under the Amended' and Restated PUB Agreement and Amendment_ U. The City ;',acknowledges that the ?one f i) year warranty of good workmanship concerning the Hotel Jerome developer's landscaping and site improvements as set forth in the 1986 Amended and Restated P Agreement, Section. 6, has expired i2. The City acknowledges that employee housing for the Hertel lerame is satisfied by the-Cortina commitments (see Cortina Declaration, Book 5581 at Page 332, and the Amendment thereto). Thus the requirement in Section 8 of the 1986 Amended and Restated PUD Agreement restricting fau units on site to employee housing in the Htel annex is no longer of any legal.effect, having been so determined by Resolution I*fa. 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 f but not limited to) the substitution provision of Section 8,gage 15, Amended and Restated PUD Agreement and this Amendment. :That is there is no longer any on-site employee housing requirement for the Hotel Jerome., Draft 2 - April 12, 1991 3 McGrath Law Offices 1 13. `I`.he City ;agrees that Section 12, ,Amended and:: Restated PI Agreement has been fury complied with.; 14. Section Ifi Amended and Restated PI3T? Agreement as to notice to parties is amended to provide as'follows Cif City Manager City of Aspen 130 South Galena Street Aspen C1 d1611 copy to City Attorney City of Aspen 1.30 South <alena Street {aspen, CX) ;81611! Hotel Jerome Associates. ' Hotel jettithe Associates TCC [T`he Continental Corr panics} 3250 Mary Street • Mia n PT„ 33l 3 copies to : Hotel Jerome Associates Tobishima Associates, Ltd. Attn: It Tony Yamada 35(3 ParkAvenue NewYork, 10©22 and Hotel jerotie Associates Whitman , ?:.Ransom Attn: Kenneth.S. Brown, Esq.. 2011 Park Avenue New York, NY 10166 15. Section 17, Amended and Restated PUD Agreement and "binding effect.xT The restrictions o£ the Amended' and Restated Pt)T3 Agreement and of this it Amendment are intended to run with the land, but are not intended to be personal obligations o£previous owners, i.e., owners of the Hotel Jerome property axe 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 die Amended and Restated PU1) Agreement remains in full farce and effect Draft 2 - April 12, 1991 4 McGrath Law Offices IN WITNESS WHEREOF the parties execute this agreement as of the date set forth above. CITY OF ASPEN, a municipal corporation Attest: By Kathryn S. Koch, City Clerk William L. Stirling, Mayor Approved as to form: Edward M. Caswall, Esq., City Attorney OWNERS: HOTEL JEROME ASSOCIATES, a Colorado general partnership By T.A. AT ASPEN, LIMITED, Attest: a Delaware corporation, as a general partner thereof By Tony Yamada, President Draft 2 - April 12, 1991 5 McGrath Law Offices iii IN WITNESS WHEREOF the parties execute this agreement as of the date set forth above. CITY OF ASPEN, a municipal corporation Attest: By Kathryn S. Koch, City Clerk William L. Stirling, Mayor Approved as to form: Edward M. Caswall, Esq., City Attorney OWNERS: HOTEL JEROME ASSOCIATES, a Colorado general partnership By T.A. AT ASPEN, LIMITED, Attest: a Delaware corporation, as a general partner thereof By Tony Yamada, President III Draft 2 - April 12, 1991 5 McGrath Law Offices 1 STATE OF COLORADO ) ss County of Pitkin The foregoing instrument was acknowledged before me this of , 1991, by William L. Stirling, as Mayor, and Kathryn S. Koch as City Clerk of the City of Aspen. Witness my hand and official seal. My commission expires: Notary Public Address STATE OF NEW YORK ) ss County of The foregoing instrument was acknowledged before me this of , 1991, by Tony Yamada, as President and by as Secretary of T.A. at Aspen, Ltd. Witness my hand and official seal. My commission expires: Notary Public Address c:\wp\wip\hlapud2.kag Draft 2 - April 12, 1991 6 McGrath Law Offices r • ‘IIIIIS MAIN STREET ---- City of Aspen sidewalk existing fence New Juniper * • �y ' Shrubs ' �.{k S ..tv ;� V �' existing Crab Ii Apple. F existing flower r•� bed . —ffc U ... 1 • 1 I existing Aepan• cl A New Planter _L �, Redwood Deck- –+1� [- aft 1 I l I sodded blued rese' W111111111111111•1 Lawn Area { � 4I QI New Shrub 1 New Planters �,�. i New Redwood Iii. ri der t W +nJ 4 t4 �, Deck fir• �f 81 ! IM_� _ existing sidewalk—II existing Spruce—c_ _ 111. I _\ /— \ v III existing deck , �\ .as -. c- \ I 'o. I , 1 77/existing Mugs ■I SC z/I Pines , vi existing pool l:/ •�•I _ -�_,-, I//�4 l xt HOUTDOOR 8E ATINO I. c-i V 125 Bests r—=1 �` I w ' m MEN II B■ ii 'inn //,, _ .--pit m I. 1 I ti ►, �' --.a\ ''�'..' I 1 I , I I awn rrri—C • �u u� ; o 'IO 20 ft — 11/27/90 .00 ' HOTEL JEROME COURTYARD PLAN P.U.D. AMMENOMENT GIBSON & RENO • AROHITEOTS Air Melt W{ " J. NICHOLAS MCGRATH, P.C. 600 East Hopkins Avenue A Professional Corporation Suite 203 Aspen,Colorado 81611 Attorneys At Law Telephone(303)925-2612 J.Nicholas McGrath' Telecopier(303)925-4402 Michael c.lreland July 31, 1990 Ms. Kim Johnson Aspen/Pitkin Planning Office 3 I . 130 S. Galena Aspen, CO 81611 Re: Hotel Jerome - Deck - PUD amendment Dear Kim: This is an application to amend the Hotel Jerome's PUD agreement with the city in three respects: (1) for approval of a small service deck towards the front of the patio area, which would be an amendment to the approved landscaping plan; (2) to increase the number of allowed Summer restaurant outdoor seats from the presently approved number of 44 to a figure of 125, which would be an amendment to par. 7(e) of the PUD agreement, and (3) to establish an administrative review procedure for special events approval for more extensive use of the patio area, which would be an amendment by the addition of a new par. 7(f). 1. Addition of small service deck in front area. The landscaping plan as approved in the 1986 PUD agreement (attachment A, to this application) shows a small lawn area adjacent to the hotel, near Main Street. As you will recall, the Jerome replaced the lawn with decking this Summer, and was given permission by the Planning Office to keep that until October 31 or make application by July 31 for formal PUD amendment approval for that deck area. The Jerome would like to retain that small deck, as it provides a service area for outdoor, Summer activities. Without that small deck, the lawn area becomes a muddy quagmire when ever it rains, and the sod has to be replaced almost every year. You will recall, HPC approved the modified patio area/landscaping plan that includes this small deck (see attachment B), but your office believes it needs P & Z and Council approval as a PUD amendment to the approved landscaping plan. I recently obtained a better copy of the 1986 approved landscaping plan, and it shows four tables and 16 outdoor restaurant seats were approved in that location. That would seem to support our argument that that small lawn area was not to be kept open in any way, which strengthens our argument for a deck. We will move those four tables to other deck area, as the enclosures show. 2. Increase in outdoor restaurant seating. I am sure you have reviewed the various Planning Office memoranda and P & Z and Council minutes of that led to 'Member,Colo.(1971),Calif(1969),and D.C.(19661 bars J. NICHOLAS MCGRATH, P.C. Ms. Johnson July 31, 1990 Page 2 the adoption of the landscaping plan in the PUD. I have reviewed those and talked with Perry Harvey and other representatives of the Hotel at the time. So far as the minutes, memos, and Perry's recollection are concerned, the number of seats was never really an issue. Perry and the hotel proposed 44 because that number seemed to fit. Present management has concluded, however, that the Jerome loses a significant amount of Summer restaurant business because visitors like to eat outside. Thus it proposes that 125 seats be allowed (see attachment D). We do not view this as an increase in the size of the restaurants. Summer outside seating is really a substitute for inside seats. Nor do we view this as posing any competitive disadvantage to the restaurants on the mall; rather this would help to put the Jerome back into competition, and there are more than enough visitors for all. The enclosed map shows there is ample room for the additional outside seats. Our architect did a survey of other restaurants with outdoor seating in open areas, or on City land (see attachment C). Comparable restaurants have outside seating of from 20 per cent to 40 per cent of their total seats. The Jerome has 16.9 per cent outside seats with the existing approval. With 125 seats outside, that percentage would be 36 per cent, which is roughly comparable to The Grill on the Park, Mezzaluna, the Wienerstube, and Smuggler Land Office. a Special events approval. The Jerome would also like approval for special events that might involve seating more than the proposed 125 outside seats. These special events would include: Winterskol Any World Cup skiing events Any F.I.S. skiing events Food & Wine Classic 4th of July Labor Day Occasional weddings Occasional private cocktail receptions, e.g., some MAA event We would propose the addition of a new paragraph 7(f) of the PUD agreement J. NICHOLAS MCGRATH, P.C. Ms. Johnson July 31, 1990 Page 3 that would approve those special events. We believe that the proposed amendment is consistent with the Aspen Area Comprehensive Plan, with the surrounding land uses, with any future development of surrounding areas, and does not require any GMOS allocations. No new water lines are to be built, and no changes or greater impacts are foreseen on fire protection, snow removal or roads. Nor will these changes affect air quality or any of the other variables listed in the code sections on PUDs and PUD amendments. These small changes will, however, enhance the usage of the historic Hotel Jerome as an important community resource by enabling the outside area to be used for slightly larger groups. That is, while the changes will serve the Hotel Jerome's business interests, we hope that the City will view them as serving the City's needs for larger outside Summer capacity for events in Aspen. I enclose the application fee. A letter from the owner of the Jerome and a list of owners within 300 feet for notice purposes, follows. Thank you for your consideration. Sincerely yours, J. MCnHOLAS MCGRATH, P.C.Wiz-L LA J. Nicholas McGrath Attorneys for Hotel Jerome Associates, a Colorado limited partnership, owner of the Hotel Jerome cc: Mr. Wolfgang Triebnig Mr. David Gibson t t 5 • ^aT ! . . - _ - . _ _ _ . _ . _ . . 7 _ i *.rear". . .i. n Y $� '� l 'e'i '. 1 • /D , . , k - , . . • - - • „. - • - - - _ p. " , . _ . LI ,err, 121E- 5 �.. o . iz • _ --• • • • • r. _ _ . , . • • _ . - .. a 1 „ ,• •• _ „ . _ . _ . .cage r , 0 ; y. • _ 0 . "i "4;162 41.62 . _ .. 4 . 13 d l_ �� . - -_.- • :• ' . . . p Page, F;19::c . 70 • 5193 . 70 .24 . / RECORD OF PROCEEDINGS PLANNING & ZONING COMMISSION SEPTEMBER 18, 1990 Chairman Welton Anderson called meeting to order at 4: 30pm. Answering roll call were Graeme Means, Bruce Kerr, Sara Garton, Jasmine Tygre, Roger Hunt and Welton Anderson. Mari Peyton and Richard Compton arrived shortly after roll call. COMMISSIONER'S COMMENTS MOTION Richard: I move to approve with the recommended conditions 1 through 7 of the Planning Office memo (attached in record) with the addition to #5 of dates May 15 to September 15 and in #6 and #7 the mitigation of . 96 employees. It seems to me that there are significant impacts in approving this additional seating. Welton: Would you consider also adding to condition #1 down the 7th line just prior to "occasional weddings and occasional private cocktail receptions" adding a maximum of 20 per year of occasional weddings and occasional cocktail receptions? That is 20 events (occasional weddings, occasional cocktail receptions) That is not including Winterskol or 4th of July. Only the weddings and cocktail receptions. And would you also consider adding on condition #8 that they will survey the employee parking patterns in the neighborhood and will take that information to the Planning Office for determination of further of parking mitigation would be necessary. And also would you consider adding as condition #9 that if the restaurant operation internal to the hotel such if the Silver Queen is opened during the day then the conditions of their operation have changed sufficiently that McGrath: Let me suggest now--this motion includes .96. The . 96 is the full impact recommended. So what I am suggesting is as long as the motion is that we have to do the . 96 then drop that condition because it doesn't apply any longer. PZM9. 18 .90 Jasmine: I would like to know if there is any interest in having the Housing Authority do an audit after the period of about a year of this operation to see what the actual employee generation figure would be. Kim: Would you consider an audit today and then an audit one year out. That way you see the change. Bruce: Graeme says that will generate 2 new employees in the Housing Authority. Mari: As long as we are making them mitigate for what we can make them mitigate for I don't really see what--it is just for the purpose of information. Jasmine: Well, but it isn't. This is the way we approached the Ritz. They made a representation about the number of employees generated which we disputed and so it was agreed as part of the negotiations that an employee audit would be taken after a certain amount of time. Mari: But you are talking about requiring further mitigation-- Jasmine: If it is necessary. Welton: Or less mitigation if it is shown that in fact their assumption was correct. McGrath: We will have a hard time not showing . 96 employee increase or decrease. Jasmine: I just think that since this is such an issue--I fervently believe--for every restaurant that I have worked in which is quite a few, that this number is not right. And I really think that it is important for us to get a track on it because we have gotten to a point in this community where we have critical employee housing problems. And I think that we need to get a grasp of the situation. Mari: Are you saying you don't believe the .96 is accurate or the entire PUD? We know the entire PUD is not accurate. Jasmine: The entire PUD is not adequate. But this in particular I think is really inadequate. Richard: Don't forget that that . 96 is 2 . 88 seasonally adjusted. Kim: And then also in using an equation using the minimum threshold in growth management competition whereby an applicant 4 PZM9 . 18.90 who is vying for growth management square footage would exceed that most likely. Jasmine: So in other words you just think that we should let them get away with a minimal increase when we know that it is not going to be a minimal increase? I don't understand that logic. Welton: But in defense of the applicant they are housing some 7 or 8 times the number of employees voluntarily that they were required to house. Jasmine: But there is no guarantee that this situation will continue. They could sell the North Star tomorrow. Nick: There are a lot of lodges in operation who don't provide any. Jasmine: I just feel that we are being very negligent in not investigating this matter further. And I would not approve this motion under these circumstances. Welton: There is a motion on the floor. Is there-- Roger: I certainly feel and agree with Bruce, Mari and Jasmine on this. I am going to be voting for the motion. My major concern in addition to what is already expressed is that they have got the addition of the decking through insubstantial change to the PUD but the "insubstantial change to the PUD" all of a sudden gives them the opportunity to place 30-4 place table plus service areas in that area. I am going to suffer the loss of the green space there. It may still be "open space" but what was originally in the landscape plan a green garden has now become at least half Redwood--over 50% now with the approval of both insubstantial decking and then the additional decking which gets it's final approval here. That is over 50% of the green space in the original landscaping plan which now has been covered up. I sure hope the Jerome does not come in with the final amount of lawn covered with decking or whatever while I am on P&Z because at that point they definitely won't have my vote. Mari: And the PUD represented grass. Richard: I agree. I am disappointed that the deck is there. I am trying to get something back for it now. Mari: Does this motion approve their service deck as well? 5 PZM9. 18 .90 Richard: Yes. Mari: I would be willing to support a motion which required their service deck to go away and be incorporated into this huge deck because if they really aren't going to have these people ever--they are only going to have 40 people most of the time-- Welton: It is right off the back of the J-Bar and that is where they get their service. And putting it over on the other side is making for an impractical situation. That is where they set up the bar for FAC. Mari: I remember when they used to have a parachute in that courtyard and they served it without a service deck there. They served it from-- Baker: HPC's charge is to look at it most differently than P&Z. And so I think that what HPC views as being appropriate that that isn't within the character of that structure. Mari: My criteria is the loss of green space. I don't have any control over the insubstantial amendment that has already been granted. Welton: If you are concerned about the loss of green space the green space that you see walking down the sidewalk is the green space that is in the foreground. The decking that is covering the back 40% of the green space is behind a row of planters. Maybe Richard would amend his motion to say that that decking is completely screened from the sidewalk by planters and trees and greenery so that what you see from the street is not any redwood decking at all. I could back something like that. It would really effectively put the decked area behind a green screen. Kim: One of HPC' s or Roxanne' s speaking towards HPC discussions in June was that substantial green screening be placed which is why my recommended conditions requires the L shaped planter bench. Richard: Addressing that issue, this is not an amendment at this point. Welton: Would you amend your motion to include a green screen? Richard: Yes. Welton: There is a motion on the floor and a second. Is there any further discussion. All in favor signify by say aye. All voted in favor of the motion except Jasmine and Bruce. 6 PZM9. 18. 90 Mari: Wait a minute. I never was clar--The original motion? Welton: The original motion with the amendment--did you amend it? The green screen? Richard: I would consider that but I don't consider the type of planter that they have now to be a green screen. It is a wood screen which increases the impact of wood that you are looking at. If you want to put a hedge in there with some openings in it and you plant the hedge right in the ground--some small evergreen shrubs or something like that, I would consider that. Welton to applicant: Would that be possible? Swiss: I think we should discuss with Roxanne and make sure she is in agreement. I think we could do that. Welton: Fine. That vote was null and void because it was confused and there was a discussion going on over here and I call it null and void. Would you amend your motion to include screening of green vegetable matter? Richard: Yes. Mari: Subject to HPC approval. Welton: Subject to HPC and Planning Office review and approval that effectively would screen nearly all of the service and the larger deck. Richard: I will so amend. Graeme agreed to amend his second to the motion. Everyone voted in favor of this motion except Jasmine and Bruce. Meeting was adjourned. Time was 6: 25pm. Nick: On a straw vote, is there only one vote--yours, Welton that would have said we don't even need to apply in light of all the circumstances for the .96? Welton: For their curiosity who else was willing to go along with me and call the employee housing question a wash and not impose that . 96? No one raised their hand on this question. 7 PZM9. 18.90 Janice M. Carney, City Deputy Clerk 8 MESSAGE DISPLAY 0 Kim Johnson From: Roxanne Eflin Postmark: Sep 10,90 4 : 38 PM Subject: Reply to: Hotel Jerome PUD Amendment Reply text: From Roxanne Eflin: The HPC has reviewed the changes proposed, and have accepted them as Minor Development. The service deck currently exists as proposed; I find this to be satisfactory, provided ample vegetation screening is maintained around it. The HPC did not have a concern regarding the number of seats in the terrace area, provided this met with PUD requirements, and special events are crucial to keeping the Jerome a viable and vital historic landmark in Aspen. Preceding message: From Kim Johnson: Please comment on the Hotel Jerome's proposed amendments: 1. ) small service deck towards the front of the patio 2 . ) increased summer seating from 44 to 125 seats 3 . ) establishment of an administrative review for special events. I showed you the application contents earlier today. Please reply as soon as you can. Thanks. X - RECORD OF PROCEEDINGS 100 Leaves Resolution No. (Series of 1984 A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO GRANTING SUBSTITUTION OF CORTINA LODGE EMPLOYEE UNITS FOR ON-SITE HOTEL JEROME EMPLOYEE UNITS WHEREAS, pursuant to Article 8 , Amended and Restated Planned Unit Development Agreement; Hotel Jerome - Renovation and Addition, the Hotel Jerome Limited Partnership (hereinafter "Applicant") did submit a request for elimination of the appli- cant ' s on-site employee bedroom requirement in exchange for provision of additional Cortina Lodge employee units, which may be acceptable to the City; and WHEREAS, the Housing Authority reviewed the proposed employee housing substitution and recommended approval on December 10, 1986 ; and WHEREAS, on January 12 , 1987 City Council reviewed the proposed employee housing substitution and did pass a motion granting its approval subject to the condition stated below. NOW, THEREFORE, BE IT RESOLVED by the City Council of Aspen, Colorado, that it approves the substitution of Hotel Jerome on- site employee housing units 1, 2 , 3 and 4 with Cortina Lodge units 6 and 7 subject to the following conditions: 1) Units 6 and 7 of the Cortina Lodge shall be deed restricted to the low income employee housing guide- lines for rental use for Hotel Jerome employees. Deed restrictions shall be filed to the satisfaction of the City Attorney with the Pitkin County Clerk and Record' s Office prior to the issuance of a Certificate of Occupancy for the Hotel Jerome Addition. 2) All conditions of approval stated in Council ' s December 9 , 1985 approval of the exemption from the Growth Management Quota System for the change in use of the Cortina Lodge and subdivision exception for the purpose of condominiumizing the Cortina Lodge shall be ' met prior to issuance of a Certificate of Occupancy for the Hotel Jerome Addition, including but not limited to the following: upgrading and improvements to the Cortina facility and grounds, employee housing deed restric- tions of all units, and recordation of a condominium- ization plat. Dated: C , 1987 . 40011 dor William L. Stirling, May-r I, Kathryn S . Koch, duly appointed and acting City Clerk of the City of Aspen, Colorado, hereby certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting to be held on the day of 9 , 1987 . Kathryn / Koch, City Clerk SB. 007 J. NICHOLAS MCGRATH, F.C. 600 East Hopkins Avenue Suite 203 A Prolessional Corporation n Aspen,Colorado 81611 q Attorneys At Law August 7, 1990 Telephone(303)925-2612 Telecopier(303)925-4402 J.Nicholas McGrath' Michael C.Ireland Ms. Kim Johnson Aspen/Pitkin County Planning Office 130 South Galena Street Aspen, CO 81611 Re: Hotel Jerome Land Use Application Dear Kim: Please find enclosed a copy of the original authorization letter needed for the Hotel Jerome Land Use Application. If there's anything else you need, please let me know. Sincerely, J. NICHOLAS McGRATH, P.C. By A.ACk--- J. Nicholas McGrath ml:\misc\hj87.1tr 'Member,Colo.(1971),Calif(1969).and D.C.(1966)bars TA July 31 , 1990 Ms. Kim Johnson Aspen/Pitkin County Planning Office 130 South Galena Street Aspen, CO 81611 Re: Hotel Jerome land use application Dear Ms. Johnson: This letter is in furtherance of a land use application by the Hotel Jerome to amend its PUD landscaping plan. The Hotel Jerome and its real property is owned by Hotel Jerome Associates, of which T.A. of Aspen, Limited, is the General Partner. Hotel Jerome Associates, as owner, authorizes J. Nicholas McGrath, its Aspen attorney, to proceed on our behalf with the land use application to amend the Hotel Jerome PUD agreement with the City of Aspen. Sincerely, HOTEL JEROME ASSOCIATES by T.A. OF ASPEN, LTD. ,a General Partner . 4 By 'IG�/> �41's_ TonyrY mada, President 1 TY/ro TY019 Tobishima Associates Ltd. 350 Park Avenue New York,NY 10022 Tel: 212/421-1118 Fax:212/421-0929 ASPEN*PITIKIN REGIONAL BUILDING DEPARTMENT 130 South Galena Aspen, Colorado 81911 303/920-5440 BUILDING INSPECTION CHECK LIST Cj .. Inspection ; Reinspection Partial Complete Permit No. ' ❑ STEEL (REBAR) ❑ ELECTRIC ❑ PLUMBING ❑ MECHANICAL '❑ BUILDING• Footings Constr. Service _ Underground Rough R-Frame Cassions Underground Waste &Vent Flue(s) Insulation Wall Rough Water Pipe F.P. Flue(s) Drywall _ Wall Cores Perm. Service Gas Pipe Combust.Air Special Struc. Slabs Final . Final Final Mobile Home Pads Bonding *Fire Sprinklers — Air. Cond. Final Piers Kitch. Hood Zoning Bond Beam — Accepted ❑ Accepted as Noted ❑ Reinspection Fee $30.00:Yes ❑ No ❑ Rejected ❑ You are ordered to make the following corrections on the construction which is now in progress. • " c„Instructions to Inspector: - ,- .� ,, _, DESCRIPTION: # Levels Garage: Att. Det. Carport Decks Entry Foyer_ Bedrooms Full Baths _ 3/4 Baths _ Yz Baths _ Kitchen Dining Living Family/Rec Media Room Library _ Office/Study _ Exercise Rm. — Solarium/Greenhouse— Storage— Laundry_ Mech. Other: Fireplace: Make Model # Gas Appliance: Make Model # 'Contact Fire Marshal for further sprinkler inspection. Address i, Phone Job " Office Subdivision _ Request Recd. DATE TIME NAME Contractor , Request for M T W TH F A.M. P,M. Time Owner _ I , Date Inspi,' Inspector — Rev 009 imMpmMVCe .BSS.M[ • ASPEN •PITKIN REGIONAL BUILDING DEPARTMENT 130 South Galena Aspen, Colorado S1 61 1 303/820-5440 BUILDING INSPECTION CHECK LIST• Inspection Reinspection Partial Complete Permit No. ' ❑ STEEL (REBAR) -•Q ELECTRIC ❑ PLUMBING El MECHANICAL ❑ BUILDING Footings Constr. Service — Underground Rough — R-Frame — Cassions Underground Waste &Vent Flue(s) Insulation Wall Rough Water Pipe F.P. Flue(s) Drywall Wall Cores Perm. Service Gas Pipe Combust.Air Special Struc. Slabs Final Final Final Mobile Home — Pads Bonding *Fire Sprinklers — Air. Cond. Final — Piers — Kitch. Hood Zoning — Bond Beam — Accepted ❑ Accepted as Noted ❑ Reinspection Fee $30.00:Yes ❑ No ❑ Rejected El You are ordered to make the following corrections on the construction which is now in progress. ■ - /I- ■ Instructions to Inspector: DESCRIPTION: # Levels ___ Garage: Att. Det. Carport Decks Entry Foyer Bedrooms __ Full Baths 3/4 Baths _ Yz Baths Kitchen Dining Living Family/Rec Media Room Library Office/Study Exercise Rm. Solarium/Greenhouse_ Storage— Laundry_ Mech. Other: Fireplace: Make Model # Gas Appliance: Make Model # 'Contact Fire Marshal for further sprinkler inspection. Address Phone Job Office Subdivision - Request Recd I /DATE..,----, NAME,• Contractor l'" `:i( ` Request for M T '. W_< F F A.M. /RM. Time Owner L . , ' Date Insp.;, ' , ',' Inspector _• R.,8E15 inuepenoon„Poesy i„ . ASPEN*PITK' i REGIONAL BUILDING f -PARTMENT ' 130 South Galena Aspen, Colorado 81611 303/92C,3 5.:i BUILDING INSPECTION CHECK LIST Inspection Reinspection Partial Complete Permit No. _STEEL(REBAR) _ ELECTRIC _ PLUMBING MECHANICAL _ BUILDING Footings Constr.Service_ Underground Rough _ R-Frame Cessions _ Underground Waste& Vent Flue(s) Insul. _ Wall _ Rough Water Pipe F.P. Flue(s) — Drywall Wall Cores Perm.Service — Gas Combust.Air _ Special _ Struct.Slabs Final Final _ Final Mobile Home _ Damp Proof Fire Air Cond. Final _ Sprinklers Faun. Insul. __ Kitch. Hood Zoning Found. Drain _�_ _ Accepted ) ,'_Accepted as Noted Reinspection Fee$30.00 Yes No No. Bdrms. Rejected You are ordered to make the following corrections on the construction which is now In progress. I Y 1 t I 1. i-��'111 -, Instructions to Inspector C i \ ,' 1 c . Kitchen Tub Shower Lay W.C. Ice W. Bar Tub/Shower_Jacuzzi Bidet Floor Drain Laundry_Clothes Washer_Hot Tub_ D.W._Jacuzzi w/Shower City County_Time of Arrival Time of Departure _ Address - 1 ' Phone Job Office Subdivision Request Rec'd ' / • I '1 -- i Date „Time Name Contractor Request for M T W TH F A.M. ,P.M. Tjmej Owner Date Ins l'271 1 / / t . _ p - , . j Inspector Independence Press,Inc. - F?ov.11038 I ice Housing Authory City of Aspen/Pitkin County.. 130 South Galena ei, Aspen, Colorado S 161 1 ci ko...)._X-0/-.) (303) 920-5050 November 2 , 1989 Nan Nichols Wolfgang Triebnick Hotel Jerome 100 East Main Aspen, Colorado 81611 Dear Nan, The APCHA, Building Department, Zoning, ancr Health and Safety officials performed a complete do on October 24t 1989 Lodge locate at 230 East Main, Aspen, Color The following is the information from the uilding Department __-.-. and Health and Safety officials: (copies of _re orts attached) - - - / ` _ Unit #1 '�Lc�ft can-not-be -used as-a sleeping area___ oatlet plates missing - — { Outlet broken FI bad I _ Unit #2 t Fixture in bathroom with outlet J moke detector not working r en window needs repair 'p echanical room with heater should have `"'Fag n gas / � M pipe to water heater K/ ` GFI inoperative i Unit #3 meal on threshold needs replacing LBaseboard heater covers needed inoperative C tit Unit #4 ENO smoke detector t Q co�to insulation DES Q r ' No refrigerator 5 1989 .2,eaky faucet in bathroom Bolt 0; -Leaky shower pan needs repair 9 NspeDtNG GFI inoperative OA PIEISI) * cwr 0 • • / - ;, 'ff Slit wl {Y .,, . 'i :+ • Unit #5 idoke detector not working Shower in bad shape ood in bottom of shower stall needs to be placed -Obvious window leaks from bathroom window over t GFI inoperative Unit #6 iW(re wires from ceilin ky shower head g need to be capped off an I aky sink f Ian fl athroom ceiling tile need to be replaced tote Unit #7 Threshold needs to be replaced ■00 � S ke detector doesn ' t work spe e�eed cover for baseboard heater SIC tchen sink is leaking "Window Window in unit needs to, be sealed, too close to line EGG R- >perty hour construction is needed- p improper 1 1 e,,�-�_ 1oc( 1� GIRD inoperative Nine SQ Aszv�V i Unit #8 tnathroom window needs sealing vg� � ` ` 7� Jr g1 and V-40.4, fan installed in bathroom T P �1. V -i. , Need cover on baseboard heater .nhf�NC�L �`�" O�EIJ�IJ�j GFI inoperative 6' P����'�(' L1 N E KSwitch plate broken Unit #9— andOw in-living area needs to be sealed up for fire t - ;. _ra g Sirs... o.`.w1C ? _- Shpwer head leaking h - k. is-leaking --__.. _..- _ �, ehour=needed for construction — ` c+ath switch inverted S� �'�OV�• _..___ .__e.GF operative Unit Jl�g ...water damage to ceiling in living room and kitchen P ate broken and blocked by heat storage and mechanical . — Exposed wiring in heat controls Et oken light fixtures ht inoperative in bathroom ink faucet leaking vicers�nre-eded for baseboard heater ck r e-/4. Unit#11 vBaseboard heater covers needed AFC t� l neling needs to be secured to wall 6V ' a "Thermostat seal needs replacing p VS/..t. we `might fixture in living area broken % Fet G • Unit#12 ✓Smoke detector not working 1 • • •• •erhsi:;;.:0• •., •• ... ;. i e::;O:f. , A g . .; . pr . ,,,,,„ „ ; ; .: :';;414,,,,,— .. ; / A Lheboard heater covers needed i ow common to garage needs to be covered over ight and fan inoperative iI c`L$t`oken outlet in living area / Unit#13 -No smoke detector / �tty�er closet and shower leak LNereds shower curtain if used as shower Non GFI outlets in bath Unit #14 woke detector not working $seboard heater covers needed ' athroom in bad shape floors in bathroom weak appear to be rotten I jower stall in extremely bad shape iii! `Bole in door needs repair _ roken outlet in living area VeCitlet hanging from ceiling • Unit #15 ‘ detector not working E C /4. ■eiseboard heater covers needed T'2switch at entry hanging AFC (n I b*en J box at door 04, �� C 148•hitch plate missing in kitchen �N �<O 198g 1-e . GFI inoperative ,. SpF /N� rod cot Unit #16 ,8�oke detector not working �v',prn 0 atproom fan not workin �� g. ii . seboard_he .ter ov rsr heeded"- • — - - ih - - ii asement handrails required on steps to"basement. • I IXard rails need to be raised and repaired, I \ Ceiling has to be one hour fire rating, has to be drywalled and }; l\, taped with 5/8 fire code drywall. terial falling down needs to be replaced. I Ii ossible 10 inch combustion air. • 1 ,i4o drip leg on furnace. i ✓ ld style flex connector on hot water heater needs to be replaced I with new teflon or hard connector. f ,VOne hour fire door /n��e^e s to be placed on mechanical room. h-ua s tN�w�,S ""'r ' kWeste line has clean out and needs to be repaired.• /Leak in corner patched with duct tape needs repair. Handrail needs to be 30 to 34 inches above the nose of the stair • Q. MEMO Dec 05 19gg M/S f(plNG TO: YVONNE BLOCKER, Pitkin County Housing Authority Pec FROM: CHET VALANCE, Building Inspector Sp �R Re : CORTINA LODGE INSPECTION • FN/p/T1C\N DATE: OCTOBER 1555 UNIT 1 Lofts cannot be used as sleeping areas. Smoke detector works, kitchen is okay, bathroom is okay. Unit 2 Smoke detector not working, bathroom okay, kitchen okay. Broken window that needs repair . Mechanical room with heater should have a drip legon gas pipe to water heater. Everything else appears to be okay. IINIT 4 No smoke detector, no insulation, kitchen okay, no refrigerator. Bathroom leaky faucet , leaky shower pan, all need repair. UNIT 6 Manager ' s Kitchen alright . Bare wires from ceiling need to be capped off. Bathroom in fairly good shape , leaky shower head, leaky sink , ceiling tile needs to be replaced. No broken outlets. UNIT 7 Threshold needs to be replaced. There is no seal . Smoke detector doesn ' t work . Need cover for electric baseboard heater. Bathroom in fairly good shape. Kitchen electric baseboard heater nesds.•_�_ove-r-,- sink is leaking, no apparent broken outlets. Window. . . =— �`flra,it'-=a-eed:s--:.t.o be sealed up, too close to the property Tine. .— J7nehouc _=sbnstruction is required. _ IIdIT Ec.mok-e- detector batteries need to be replaced, shower in bad' shape, apparently has been repaired once or twice, there ' is plywood in the bottom of the shower stall , obvious window leaks from bathroom window. Kitchen seems .to be alright . UNIT 8 Smoke detector works. Kitchen seems to be in fairly good shape. Bathroom window needs to be sealed up, need to install fan. Need covers on baseboard heat . UNIT 3 Seal on threshold needs to be replaced. Smoke detector works. Bathroom shower stall fair shape, fixtures fair shape. Covers needed on baseboard heat . Roof of unit seems to be in good shape, vent for the hot water heater seems to be in good shape. On the two story unit soffit on the walkway is leaking and soffit is in bad shape , repairs needed. Roof seems to- be .in good shape. UNIT 5 Living area smoke detector working, bathroom appears to be alright , window in living area needs to be sealed up for fire rating. One hour construction is required. Shower stall appears to be in fair shape, shower head is leaking, sink is leaking, fan • works. UNIT 10 Smoke detector working. apparent water damage to the ceiling in the Iiving room, bathroom. Fan in bathroom works, light doesn ' t . Tub is alright , sink faucet is leaking, light works, obvious water leaks from the floor above. No covers on baseboard heat . Easement hand rails required on the steps to basement . Guard rail needs to be raised and repaired• C:eilinq has to be on* hour fire rating, has to be drywaIled and taped. with S/S firecode drywall • Material falling down has to be repaired. F�ossi .. e . improper 10 inch combust ion _.a-ir• Hot water tank seems to be alright • Furnace seems to be alright • No drip leg on the furnace that I can find• Old style flex connector on hot water heater which needs to be replaced with a new ter Ion or hard connector• One hour fire door needs to bs_put__Qn._th_e._tnechanical room. Waste Mine that has cleanout and needs to be repaired. Leak in corner patched with duct tape , needs to be repaired. That handrail needs to be 30 to -34 inches above the nose of the — -- - st a i r tread_ Hand_ r_diL_SaiLL.h:w:- t n_he__i-nst a-1 I-ed- f r-om --1 h --both-orn- of the stair-_ to the-. top__o£__ths-lstairs• C:onununity kitchen , laundry - covers on the baseboard heat needed. End of kitchen• St airs to second f loot hand ail needs to .. adjusted to proper height , 30 to 34 inches off th - nose of_ the tread. Exit light doesn ' t work . Unit 11 'Smoke- -detector ' work Bathroom tub in good shape , and sink-i-n good-- shape- - Living._a_ren _.needs covers on baseboard he —Faris-1 ing needs to be secured_-_l.o -thr wa 1 I .__ Thermostat s a l needs t.p- be re el aced. Smoke detector doesn ' t work. Baseboard h at _ r covers need to be replaced• Bathroom tub alright , no -obvious leaks. Window common with . garage hlas to be closed over , one hour construction is required and a, fan installed. There is fan there but it doesn ' t appear to be working- UNit 1.3 No smoke detector in this unit • Bathroom shower and water closet leak , shower curtain must be Provided if to be used for showers. UNIT 14 Smoke detector doesn ' t work • Covers for baseboard heat need to be repaired. Kitchen has a fan• Bathroom in bad shape, floors are weak and appear to be rotten• Shower stall is in extremely bad shape. There is a bath fan• Door in unit 14 needs to be patched up, there is a hole in the door• ec Pict UNIT IS Smoke . detector doesn ' t work • Covers are ,�tl `Grt baseboard heat • Kitchen seems to be in fairly good ape has /G been remodeled• Bathroom shower stall seems to b a eCi.ht • os NSp � 989„ yN CG • As ' T D W. . . shower stall doesn ' t leak , water doesn ' t leak , sink doesn ' t leak ' there is an op- UNIT 16 Smoke detector doesn ' t work • Bathroom shower stall in good shape sink in good shape, water closet in good shape • Bathroom fan doesn ' t work • Baseboard heat needs covers• Cortina Lodge CV/ I pv• 11. 01• ,9 . C E /L O 0519 oval, 0/Af T00 TO • • J. NICHOLAS MCGRATH, P.C. 600 East Hopkins Avenue Su' A Professional Corporation Suite 203 Aspen.Colorado 81611 Attorneys At Law Telephone(303)925-2612 J.Nicholas McGrath' Telecopier(303)925-4402 Mlpnaei c.lreland September 7, 1990 HAND DELIVERED Ms. Debbie Skehan Administrative Assistant SEP City of Aspen Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Hotel Jerome PUD hearing September 18 Dear Ms. Skehan: Please find enclosed our affidavit showing compliance with the notice provisions of adjacent property owners under Aspen Municipal Code § 24-6-205 E. If you have any questions on this matter, please call me. Thank you. Sincerely, J. NICHOLAS MCGRATH, P.C. By ''red Mic ael C. Ireland m6.1 hja907.1t3 'Member,Colo.(1971),Calif(1969),and D.C.(1966)bars Affidavit of notice to adjacent property owners Hotel Jerome final PUD amendment, September 18, 1990 STATE OF COLORADO ) COUNTY OF PITHIN I, MICHAEL C. IRELAND, state as follows: On or about September 8, 1990, I mailed a copy of the attached notice to each and every person or entity listed as an owner of property on the 300 Ft. Ownership Certificate provided to me by the Aspen Title Corporation. A copy of the 300 Ft. Ownership Certificate is attached as Exhibit A. Addresses were obtained from Book 1 of the Pitkin County tax records as maintained by the Treasurer pursuant to §24-6- 205(E)(3)(c). A list of addresses used for the mailing is attached as Exhibit B. Dated: September / 1990 y fa Michael C. Ireland Subscribed and sworn to before me this / day of September, 1990, by Michael C. Ireland. Witness my hand and official seal. My Commission expires: 4/17/94 m6.2 hja906.aff PUBLIC NOTICE RE: HOTEL JEROME FINAL PUD AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, September 18, 1990 at a meeting to begin at 4 : 30 pm before the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, 130 South Galena Street, Aspen, Colorado to consider an application submitted by Nicholas McGrath on behalf of Hotel Jerome Associates, requesting approval of an amendment to the Hotel Jerome Final PUD Development Plan. This approval is being sought for a small service deck at the front of the patio area, to increase the number of outdoor restaurant seats from 44 to 125, and to establish an administrative review procedure for special events approval for use of the patio area. The Hotel Jerome is located at 330 East Main Street, Aspen. For further information, contact the Aspen/Pitkin Planning Office, 130 S. Galena St. , Aspen, CO 920-5090. s/C. Welton Anderson, Chairman Planning and Zoning Commission Published in The Aspen Times on August 30, 1990. City of Aspen Account. r . 4i v. Order No. A-90022 300 FT. OWNERSHIP CERTIFICATE ASPEN TITLE CORPORATION, a corporation organized and existing under and by virture of the laws of the State of Colorado, HEREBY CERTIFIES That it has made a careful and diligent search of the records in the office of the Clerk and Recorder for Pitkin County, Colorado, and has determined that those persons, firms or entities set forth on the Exhibit "A attached hereto and by this reference incorporated herein and made a part hereof, reflect the apparent owners of lots, tracts, parcels and condominium units lying within 300 feet of the fol lowing described real property situate, lying and being in the County of Pitkin, State of Colorado, to-wit: Lots A, B, C, D, E, F, G, H, I, 0, P, Q, R, S, and the East 20 feet of Lot N, all in Block 79, CITY AND TCWNSITE OF ASPEN, TOGETHER WITH the East 170 feet of the alley in said Block 79. This Certificate has been prepared for the use and benef it of the above named appl 'cant and the City or Town of Aspen in the County of Pitkin, State of Colorado. THE LIABILITY OF THE COMPANY HEREUNDER IS EXPRESSLY LIMITED TO THE AMOUNT OF THE FEE PAID FOR THIS CERTIFICATE PLUS $250.00. DATE: ASPEN TITLE CORPORATION, a Colorado corporation (SEAL) By: 1:- S. _. Exhibit A EXHIBIT "A" — OWNERS WITHIN 300 FEET 1 . Ferenc Berko and MI rte Berko, as tenants P.O. Box 360, Aspen, CO 81611 ADDRESS PER DOCUMENT 2. Joan Enid Light NO ADDRESS PER DOCUMENT 3. Aspen Community Church NO ADDRESS PER DOCUMENT 4. William G. Brumder Florida Land Trust NO ADDRESS PER DOCUMENT 5. William G. Parzybok, Jr. 3609 El Cam in!to, Loveland, OB 50537 ADDRESS PER DOCUMENT 6. Mary Eshbaugh Hayes as trustee under the Mary Eshbaugh Hayes Living Trust P.O. Box 497, Aspen, CO 81611 ADDRESS PER DOCUMENT 7. Ewald H. Crosby 4208 Rickover Drive, Dallas, TX ADDRESS PER DOCUMENT 8. Rosa Gettman 325 So. Forest Street, Denver, CO ADDRESS PER DOCUMENT 9. Charmaine Anderson 25740 Hatton Road, Carmel , CA 93923 ADDRESS PER DOCUMENT 10. Richard Carter and Claudette Carter 202 East Main Street, Aspen, CO 81611 ADDRESS PER DOCUMENT 11 . Fred Pearce and Ethel J. McCabe a.k. a. Ethel McCabe NO ADDRESS PER DOCUMENT 13. Hotel Jerome Associates c/o Whitman & Ransom 200 Park Avenue, New York, NY ADDRESS PER DOCUMENT 14. Amoco Oil Company 200 East Randolph Drive, Chicago, IL 60601 ADDRESS PER DOCUMENT Exhibit "As (contintue. Page 2 15. James Edward Moore and Alberta Lund Moore NO ADDRESS PER DOCUMENT 16. The Forge Partnership P.O. Box 3159, Aspen, CO ADDRESS PER DOCUMENT 17. J. E. Abets Elwin G. Smith Division 133 Wilson Street, Los Angeles, CA ADDRESS PER DOCUMENT 18. Philip R. Hodgson and Patricia H. Hodgson NO ADDRESS PER DOCUMENT 19. Aspen Savings and Loan Association NO ADDRESS PER DOCUMENT 20. Nets Reinhard Elder and Janet C. Elder 202 North Monarch Street, Aspen, CO ADDRESS PER DOCUMENT 21 . S & A Equipment Company 2425 South 162nd Street, New Berl in, WI 53151 ADDRESS PER DOCUMENT 22. Karl G. Larson and M. Madeleine Larson 2425 South 162nd Street, New Berl in, WI 53151 ADDRESS PER DOCUMENT 23. SWAP 201 N. Mill Street, #106, Aspen, CO ADDRESS PER DOCUMENT 24. J. D. Muller P.O. Box 4361 , Aspen, CD 81611 ADDRESS PER DOCUMENT 25. Joseph E. Edwards, Jr. 201 N. Mil I Street, #109, Aspen, CO ADDRESS PER DOCUMENT 26. SKHS Associates 201 North Mill Street, Suite 201 , Aspen, CO 81611 ADDRESS PER DOCUMENT 27 . Herbert S. Klein and Marsha L. Klein 201 North Mill Street, Aspen, CO 81611 ADDRESS PER DOCUMENT 28. Karl G. Larson and M. Madeleine Larson 201 N. Mil Street, #101 , Aspen, CO 81611 ADDRESS PER DOCUMENT Exhibit "A" (continue Page 3 29. Carl R. Bergman and Catherine M. Bergman P.O. Box 1365, Aspen, CO ADDRESS PER DOCUMENT 30. Mountain States Canminications, Inc. NO ADDRESS PER DOCUMENT 31 . Niklaus G. Kuhn and Gertrud E. Kuhn P.O. Box 8016, Aspen, CO 81612 ADDRESS PER DOCUMENT 32. CanAm Aspen Developments 135 East Cooper, Aspen, CO 81611 ADDRESS PER DOCUMENT 33. The William L. Beaumont and Florence R. Beaumont Family Trust NO ADDRESS PER DOCUMENT 34. William L. Seguin P.O. Box 2067, Aspen, CO ADDRESS PER DOCUMENT 35. LaCocina, Inc. NO ADDRESS PER DOCUMENT 36. The Duane Robert and Margaret Whitfield Johnson Revocable Trust NO ADDRESS PER DOCUMENT 37. The Bank of Aspen 119 South Mill Street, Aspen, CO 81612 ADDRESS PER DOCUMENT 38. Draco, Inc. 210 North Mill Street, Aspen, CO ADDRESS PER DOCUMENT 39. City of Aspen, Colorado NO ADDRESS PER DOCUMENT 40. Lewis I . Schainuck 3805 Sandune Lane, Corona del Mar, CA 92625 ADDRESS PER DOCUMENT 41 . First Aspen Corporation NO ADDRESS PER DOCUMENT 42. Chitwood Plaza Company c/o David J. Myler, 106 S. Mill Street, Suite 202, Aspen, OD ADDRESS PER DOCUMENT 43. Jesse J. Maddalone and Esther Maddalone Box 506, Aspen, CO 81611 ADDRESS PER DOCUMENT Exhibit "A" (continued) Page 4 44. Central Bank Grand Junction Trustee of the Maddalone Family Trust 422 White Avenue, P.O. Box 608, Grand Junction, CO 81502 ADDRESS PER DOCUMENT 45. M 8 W Associates 434 East Cooper Street, Aspen, CO ADDRESS PER DOCUMENT 46. Marjorie P. Jenkinson P.O. Box 483, Aspen, CO 81611 ADDRESS PER DOCUMENT List of property owners within 300 feet of PUD as shown on current Pitkin county tax rolls. Ferenc Berko and Mine Berko P.O. Box 3360 Aspen, CO 81612 Joan Enid Light 733 13th Street Boulder, CO 80302 Aspen Community Church 200 East Bleeker Aspen, CO 81611 William G. Brumder Florida Land Trust 2054 First Wisconsin Trust Milwaukee, WI 53201 William G. Parzybok, Jr. 606 Skysaid Lane Ft. Collins, CO Mary Eshbaugh Hayes as Trustee under the Mary Eshbaugh Hayes Living Trust P.O. Box 497 Aspen, CO 81612 Ewald H. Crosby 33225 So. Forest Street Denver, CO 80220 Rosa Gettman 33225 So. Forest Street Denver, CO 80220 Charmaine Anderson Box 222864 Carmel, CA 93922 Exhibit B Hotel Jerome PUD - Property owners notice September 7, 1990 Page 2 Richard Carter and Claudette Carter 202 East Main Street Aspen, CO 81611 Fred Pearce and Ether J. McCabe a.k.a. Ethel McCabe Box 531 Aspen, CO 81611 Hotel Jerome Associates c/o Whitman & Ransom 200 Park Avenue New York, NY 10166 Amoco Oil Company Tax Department 600 S. Cherry, Suite 915 Chicago, IL 60601 James Edward Moore and Albarta Lund Moore P.O. Box 707 Aspen, CO 81612 The Forge Partnership P.O. Box 3159 Aspen, CO 81612 J.E. Abels Elwin G. Smith Division Box 4707, Aspen CO 81612 Phillip R. Hodgson and Patricia H. Hodgson 212 N. Monarch Aspen, CO 81611 2 Hotel Jerome PUD - Property owners notice September 7, 1990 Page 3 Aspen Savings and Loan Association Box 8707 Aspen, CO 81612 Nels Reinhard Elder and Janet C. Elder 202 North Monarch Street Aspen, CO 81611 S & A Equipment Company Suite 101, 201 N. Mill Street Aspen, CO 81611 Karl G. Larson and M. Madeleine Larson Suite 100, 201 N. Mill Street Aspen, CO 81611 SWAP 201 N. Mill Street, #106 Aspen, CO 81611 J.D. Muller P.O. Box 4361 Aspen, CO 81612 Joseph E. Edwards, Jr. 201 N. Mill Street, #109 Aspen, CO 81611 SKHS Associates 201 N. Mill Street, Suite 201 Aspen, CO 81611 Herbert S. Klein and Marsha L. Klein 201 N. Mill Street 3 Hotel Jerome PUD - Property owners notice September 7, 1990 Page 4 Aspen, CO 81611 Carl R. Bergman and Catherine M. Bergman P.O. Box 1365 Aspen, CO 81612 Mountain States Communications, Inc. 310 E. Main Aspen, CO 81611 Niklaus G. Kuhn and Gertrud E. Kuhn P.O. Box 8016 Aspen, CO 81612 CanAm Aspen Developments 135 East Cooper Aspen, CO 81611 The William L. Beaumont and Florence R. Beaumont Family Trust Box 4695 Incline Valley, NV 89450 William L. Seguin P.O. Box 4274 Aspen, CO 81612 LaCocina, Inc. Box 4010 Aspen, CO 81612 The Duane Robert and Margaret Whitfield Johnson Revocable Trust 1116 E. Cinnabar Ave. 4 Hotel Jerome PUD - Property owners notice September 7, 1990 Page 5 Phoenix, AZ 85020 The Bank of Aspen 119 South Mill Street Aspen, CO 81611 Draco, Inc. 210 North Mill Street Aspen, CO 8166111 City of Aspen, Colorado 130 South Galena Aspen, CO 81611 Lewis I. Schainuck 800 S. Monarch St. Aspen, CO 81611 First Aspen Corporation Box 3318 Aspen, CO 81612 Chitwood Plaza Company c/o David J. Mylerr 106 S. Mill Street Suite 202 Aspen, CO 81611 Jesse J. Maddalone and Esther Maddalone Central Bank of Grand Junction 2265 Tanglewood Rd. Grand Junction, CO 81503 Central Bank of Grand Junction Trustee of the Maddalone Family Trust 2265 Tanglewood Rd. 5 Hotel Jerome PIM - Property owners notice September 7, 1990 Page 6 Grand Junction, CO 81503 M & W Associates 205 S. Mill, Suite 301A Aspen, CO 81611 Marjorie P. Jenkinson 403 West Hallam Aspen, CO 81611 m6.2 hja906.1st 6 PUBLIC NOTICE RE: HOTEL JEROME FINAL PUD AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, September 18, 1990 at a meeting to begin at 4 : 30 pm before the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, 130 South Galena Street, Aspen, Colorado to consider an application submitted by Nicholas McGrath on behalf of Hotel Jerome Associates, requesting approval of an amendment to the Hotel Jerome Final PUD Development Plan. This approval is being sought for a small service deck at the front of the patio area, to increase the number of outdoor restaurant seats from 44 to 125, and to establish an administrative review procedure for special events approval for use of the patio area. The Hotel Jerome is located at 330 East Main Street, Aspen. For further information, contact the Aspen/Pitkin Planning Office, 130 S. Galena St. , Aspen, CO 920-5090. s/C. Welton Anderson, Chairman Planning and Zoning Commission Published in The Aspen Times on August 30, 1990. City of Aspen Account. J