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HomeMy WebLinkAboutLand Use Case.315 E Dean St.0018.2014.ASLU THE 'CITY OF ,ASPEN City of Aspen Community Development Department CASE NUMBER 0018.2014.ASLU PARCEL ID NUMBERS 273718285033 PROJECTS ADDRESS 315 E DEAN ST ( ST REGIS) PLANNER JUSTIN BAKER CASE DESCRIPTION PUD AMENDMENT REPRESENTATIVE ALAN RICHMAN DATE OF FINAL ACTION 6.10.14 CLOSED BY ANGELA SCOREY ON: 7.2.14 4 Fife Edit Record Navigate Form Reports Format Tab Help ' ,. JUMP i 2 ....... Main;Custom Fields Rouling Status 's Fee Summaf4 Actions Routing Hislory t , s en Lanw Use Permil# ON,2014 4C!L Permit type � F _. Address ',"I E CE AN ST ApUSuite City ASPEN State CC Zip E1.11 Permit Information C 5 Master permit Routing queue asluV Applied CIT, 114 0 OZ Project Status ptn�arg Approved Descriplion S_;E`E HTEL PUC AMENDAEIlT REGARCONG�.CCCESSCR Y AND ONCTION":- Issued RE AIL USES Closed/Final � Submitted ALAN RICHi'AN KC-112` Clock Running Days C Expires G..t1Stv1 Submitted via Owner Last name w HAN SS;�Ct4_s.It;C First name '1{E TC E N S T _ SPED, CO 91:11 e Phone 6-715194-934 Address Applicant Owner is applicant? Conhacfor is applioanf? I Last name S,RKIS 4'P�I HO: First name '1� E H4 S" ASP P' C S1 11 Phone , rU.KO-2 CU Cust# 2.1:2 Address Lender Last name First name Phone f Address q AspenGold5(server) damam View 1 oil RECEPTION#: 611207, 06/18/2014 at 01:13:05 PM, 1 OF 3, R $21.00 Janice K. Vos Caudill T3itkin County, CO ORDINANCE NO. 11 (SERIES OF 2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO, APPROVING AN AMENDMENT TO THE ASPEN MOUNTAIN SUBDIVISION FIRST AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE PROPERTY LOCATED AT 315 E. DEAN STREET, LEGALLY DESCRIBED AS HOTEL UNIT AND COMMERCIAL UNIT, ASPEN RESIDENCE CLUB AND HOTEL,CITY OF ASPEN,PITKIN COUNTY,COLORADO, PARCEL ID:2737-182-85-033. WHEREAS, the Community Development Department received an application from the St. Regis Hotel, represented by Alan Richman Planning Services, requesting approval of an amendment to the Aspen Mountain Subdivision First Amended and Restated Planned Unit Development/Subdivision Agreement;and, WHEREAS,the property is currently zoned(L)Lodge;and, WHEREAS, pursuant to Section 26.445.110.D, Minor Amendment to a Project Review approval, an amendment found by the Community Development Director to be generally consistent with the allowances and limitations of a Project Review approval or which otherwise represents an insubstantial change but which does not meet the established thresholds for an insubstantial amendment, may be approved, approved with conditions or denied by the City Council,pursuant to 26.445.040.B.2;and, WHEREAS, upon review of the application and the applicable Land Use Code standards, the Community Development Department recommends approval of this application with condition; and, WHEREAS, City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein,has reviewed and considered the recommendation of the Community Development Director,the applicable referral agencies,and has taken and considered public comment at a public hearing;and, WHEREAS,during a duly noticed public hearing on June 9, 2014, the City Council approved Ordinance No. 11, Series of 2014,by a five to zero(5—0)vote,approving an amendment to the Aspen Mountain Subdivision First Amended and Restated Planned Unit Development/Subdivision Agreement;and, WHEREAS, City Council finds that the proposal meets or exceeds all applicable development standards;and, WHEREAS,the City Council finds that this Ordinance furthers and is necessary for the promotion of public health,safety,and welfare. Ordinance No. 11,Series of 2014 Page 1 of 3 RECEPTION#: 611207, 06/18/2014 at 01:13:05 PM, 2 OF 3, Janice K. Vos Caudill, ^i.tkin County, CO NOW,THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO THAT: Section 1:Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,the City Council hereby amends Section H.17 of the Aspen Mountain Subdivision First Amended and Restated Planned Unit Development/Subdivision Agreement to state: 17. The uses permitted in the commercial spaces in the hotel shall be retail and restaurant uses and those permitted in the underlying zoning. Section 2:Severability If any section,subsection,sentence,clause,phrase,or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 3:Existine Litieation This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided,and the same shall be conducted and concluded under such prior ordinances. Section 4:Approvals All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded,whether in public hearing or documentation presented before City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein,unless amended by an authorized entity. Section 5:Public Hearing A public hearing on this Ordinance shall be held on the 9`h day of June,2014,at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen,Colorado,a minimum of fifteen days prior to which hearing a 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 28'h day of April,2014. Att t: 1 Linda Manning,City Cie Steven Skadron,Mayor Ordinance No.11,Series of 2014 Page 2 of 3 RECEPTION#: 611207, 06/18/2014 at 01:13:05 PM, 3 OF 3, Janice K. Vos Caudill, —itkin County, CO FINALLY,adopted,passed and approved this g day of Q\,-kA-0— _,2014. A tt U't• Liwas Manning,City Clerk Steven Skad on,Ma r Approved as to form: /dames R�True, ity Attorney Ordinance No. 11,Series of 2014 Page 3 of 3 Regular Meeting Aspen City Council June 9,2014 Mayor Skadron asked Mr. Oliver what we do about the placement of speakers. Mr. Oliver said the mall lease prohibits amplified music on the mall and this sounds like a creative way of getting around that. Councilman Frisch said the focus needs to remain on the decibel level and not the source. Mayor Skadron closed the public comment. Councilwoman Mullins moved to adopt Ordinance#15, Series of 2014 as written; seconded by Councilman Frisch. Roll call vote, Councilmembers Frisch,yes; Daily,yes; Romero,yes;Mullins,yes; Mayor Skadron,yes. All in favor, motion carried. Ordinance#11, Series of 2014—St. Regis-Minor PD Amendment Justin Barker, community development, said this would pertain to use of commercial spaces within the hotel. The 1988 amendment contained a condition that limited the uses for the commercial spaces. The applicant has requested an amendment to free up these uses. Staff is supportive of the amendment but recommends modifying the proposed ordinance-to-eliminate the specific uses and to include uses allowed- in the underlying zoning. Alan Richman said they are comfortable with the proposed language. Councilwoman Mullins asked if there are restrictions on the number of spaces. Mr. Barker said it was written to be maintained as four spaces but there was no evidence that it was ever used that way. He said it is not necessary to limit the spaces at this time. Councilman Frisch said he is supportive of not limiting the uses. Mayor Skadron asked what the community's concern of unrestricted retail was when the code was put in place. Mr. Richman said at the time there was concern that the lodge district was not the place for retail. Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public comment. Councilman Daily moved to adopt Ordinance#11, Series of 2014 with changes; seconded by Councilman Frisch. Roll call vote; Councilmembers Mullins,yes;Romero,yes; Daily,yes;Frisch,yes;Mayor Skadron,yes. Motion carried. Resolution#70, Series of 2014—HUBAspen Temporary Use—557 North Mill Street Chris Bendon recommended continuation to June 23`d due to an issue with the notice. Councilman Frisch moved to continue to June 23, 2014; seconded by Councilman Romero. All in favor, Motion carried. Resolution #64, Series of 2014—Lodge Incentive Program Code Amendment—Policy Resolution Chris Bendon and Jessica Garrow,community development, said this hearing will provide answers to the questions from the last meeting. Ms. Garrow said pillow count equals heads in beds where units are the total number of rooms available. Staff has information from Stay Aspen Snowmass and updated Mtrip data. She said there are discrepancies between the data since they are counting different things. She said no matter the data or the methodology both sets of data point to a decline in the bed base. The Stay Aspen data from 1995 to 2005/6 shows a 27%decrease. Comparing to MTRIP it's about a 3.25% 7 MEMORANDUM TO: Mayor Skadron and Aspen City Council THRU: Chris Bendon, Community Development Director FROM: Justin Barker, Planner RE: Second Reading of Ordinance No. 11, Series of 2014 — St. Regis, Minor PD Amendment MEETING DATE: June 9, 2014 APPLICANT: SUMMARY: St. Regis Hotel The applicant proposes to amend Section H.17 of the First Amended and Restated Aspen REPRESENTATIVE: Mountain Subdivision/PUD Agreement to Alan Richman Planning Services allow the full range of retail uses as allowed by the underlying zoning within the St. Regis LOCATION: Hotel. 315 E. Dean Street Lot 1, Aspen Mountain Subdivision/PUD STAFF RECOMMENDATION: Staff recommends amending Section H.17 of CURRENT ZONING& USE: the First Amended and Restated Aspen (L) Lodge/Hotel Mountain Subdivision/PUD Agreement to state: "The uses allowed in the commercial spaces shall be uses accessory to the lodge and those permitted in the underlying zoning." LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval: • Minor Amendment to a Project Review approval — An amendment found by the Community Development Director to be generally consistent with the allowances and limitations of a Project Review approval or which otherwise represents an insubstantial change but which does not meet the established thresholds for an insubstantial amendment, may be approved, approved with conditions or denied by the City Council, pursuant to 26.445.040.B.2 — Step Two. City Council is the final review authority. PROJECT BACKGROUND: The St. Regis Hotel is located on Lot 1 of the Aspen Mountain Subdivision/PUD. The Aspen Mountain Subdivision/PUD was approved in 1985 and has been amended several times since. The original hotel (Ritz Carlton) was built in 1992 on Lot 1 (also designated as Hotel Phase I in 1 the PUD Agreement), then changed ownership in 1998 and became the St. Regis Hotel. The property is currently zoned as (L) Lodge with a (PD) Planned Development Overlay. In 1988, the PUD Agreement was substantially amended. Section H.17 of the First Amended and Restated PUD/Subdivision Agreement (hereinafter "Amendment") reads as follows: "The accessory retail uses permitted within the Hotel Phase I shall be limited to the following and similar uses: sundry shop; car rental desk; travel desk; ski rental and repair store; ski and sports activity center; hotel operator souvenir store; beauty shop;florist shop; and gift shop. The four accessory retail spaces depicted in the building on Durant Street shall not be combined to create larger retail spaces. " PROJECT SUMMARY: The applicant would like to amend Section H.17 of the Amendment to continue to allow those uses already listed within the Amendment as a right, while also allowing other retail uses to apply for a conditional use as allowed by the underlying zone district. The proposed amended language would be as follows (changes bolded): "A. The accessory retail uses permitted within the Hotel Phase I shall be limited to the following and similar uses: sundry shop; car rental desk; travel desk; ski rental and repair store; ski and sports activity center; hotel operator souvenir store; beauty shop;florist shop; and gift shop. B. Any retail use that is not on this list or that the City's Community Development Director determines is not similar to any of the uses on this list shall be considered to be a "conditional retail use". Conditional retail uses shall only be permitted to occupy the retail spaces in the Hotel if they shall first receive conditional use approval from the City of Aspen. C. The two accessory retail spaces located in the building on Durant Street shall not be combined to create larger retail spaces. " STAFF EVALUATION: At the time of the Amendment, the property was zoned (L/TR) Lodge/tourist Residential. Customary accessory uses were included as a permitted use, though what uses were considered customary accessory uses was not clearly identified. Section H.17 of the Amendment was most likely added in order to clarify what could be considered a customary accessory use that could occupy those spaces within the hotel. Unfortunately, this has placed a limitation on the spaces to only allow for those types of uses. Staff often must deny businesses or burden a new business due to these limitations. One of Council's top ten goals for 2014 is to "identify strategies to expand business diversity and enhance business sustainability by reducing business start-up obstacles." Many properties, like the St. Regis, have these approval conditions that were a response to issues at the time, but may no longer be relevant. As part of a Council Work Session held on January 6, 2014, Staff suggested encouraging the process of "unbinding" existing commercial spaces from these conditions (Exhibit B). Council supported this process on an individual proposal basis as part of a work program (Exhibit Q. 2 The amendment proposed by the applicant achieves the idea of broadening allowable uses within the Hotel, however it does not fully "unbind" the property and adds further confusion. Staff recommends amending Section H.17 of the First Amended and Restated Aspen Mountain Subdivision/PUD Agreement to state: "The uses allowed in the commercial spaces shall be uses accessory to the lodge and those permitted in the underlying zoning." This would allow for any accessory uses to the lodge by right without defining specific uses, while any other use of the spaces would be according to the underlying zoning (currently Lodge), as may change from time to time. Staff finds this as a simpler method to expand the possible uses of the spaces while also bringing the property up-to-date with current zoning. Originally there were four spaces in the building on Durant Street. Over time, these spaces have been remodeled and at some point were combined to create two retail spaces, one currently occupied by Aspen Sports, and the other vacant. Staff does not find that the restriction requiring four spaces is no longer necessary and recommends that it is removed entirely. At first reading, the applicant discussed including a list of example uses that would be considered accessory to the hotel. Council expressed support for this inclusion. The proposed additional language would state: "Commercial uses that are accessory to the hotel include, by way of example, the following: Art gallery, beauty shop, book store/news stand, clothing store, coffee shop/ice cream stand, florist shop, gift shop/souvenir store, ski rental and repair store, sports activity center, travel desk/car rental desk and sundry shop. " STAFF RECOMMENDATION: Staff recommends amending Section H.17 of the First Amended and Restated Aspen Mountain Subdivision/PUD Agreement to state: "The uses allowed in the commercial spaces shall be uses accessory to the lodge and those permitted in the underlying zoning. Commercial uses that are accessory to the hotel include, by way of example, the following: Art gallery, beauty shop, book store/news stand, clothing store, coffee shop/ice cream stand, florist shop, gift shop/souvenir store, ski rental and repair store, sports activity center, travel desk/car rental desk and sundry shop." RECOMMENDED MOTION(ALL MOTIONS ARE IN THE AFFIRMATIVE): "I move to approve Ordinance No. 11, Series of 2014, approving a Minor Amendment to the Aspen Mountain Subdivision/PUD Agreement." EXHIBITS: A. Review Criteria—Planned Development Use Variation Standards B. Council Work Session Memo— 1.6.2014 C. Council Work Program Memo— 1.6.2014 D. Application E. Supplement to Application 3 Regular Meeting Aspen City Council April 28,2014 ORDINANCE #11, SERIES OF 2014—St. Regis—Minor PUD Amendment Chris Bendon, community development department, told Council this is an amendment to the approvals of the St. Regis that would remove some restrictions on the commercial spaces. The 1985 approval had very prescriptive uses and limitations on combining commercial spaces. The proposed ordinance is a result of one of Councils top ten goals dealing with commercial diversity. This ordinance will allow commercial spaces in the St. Regis to function like any commercial space in town. Alan Richman said he is comfortable with the language in the ordinance but would like to see a list of uses considered to be accessory uses in a hotel. Councilman Frisch asked about the downside to making it a commercial space without limitations. Mr. Bendon said they do not see a lot of downside as long as it works with the operation of the lodge. He said they are more interested in who it is for; the guest, community or a blend. Councilman Daily said he is comfortable as long as the language can be worked out. Mayor Skadron said he would like to see steps to prevent excessive accessory uses as being considered conditional uses. Councilman Frisch made a motion to read Ordinance #11, seconded by Councilman Daily. All in favor, motion carried. ORDINANCE NO. 11 (SERIES OF 2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AMENDMENT TO THE ASPEN MOUNTAIN SUBDIVISION FIRST AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT, FOR THE PROPERTY LOCATED AT 315 E. DEAN STREET, LEGALLY DESCRIBED AS HOTEL UNIT AND COMMERCIAL UNIT, ASPEN RESIDENCE CLUB AND HOTEL, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Councilwoman Mullins made a motion to adopt Ordinance #11, series of 2014, on first reading; seconded by Councilman Frisch. Roll call vote; Councilmembers Mullins, yes; Frisch, yes; Daily, Yes; Mayor Skadron, yes. Motion carried. ORDINANCE #9, SERIES OF 2014—Supplemental Appropriation Mr. Stricker told Council the spring supplemental request is for 22 million dollars and is one of the two regular supplemental requests for the year. Included in the request is 18 million dollars of capital projects that were multi-year or were not able to be completed during the year. This includes 5 million for Burlingame, 2.3 for the Galen Plaza project and a host of dollars for utilities, storm water and parks. In addition to capital projects there is about 3 million dollars in departmental and central savings. There are recently approved items of roughly 500 thousand dollars including the gondola crossing project with 260 thousand dollars. The new requests are about 500 thousand dollars including grant requests, quality improvement grants, radon testing 7 MEMORANDUM TO: Mayor Skadron and Aspen City Council THRU: Chris Bendon, Community Development Director ( 40, FROM: Justin Barker, Planner RE: First Reading of Ordinance No. 11, Series of 2014 — St. Regis, Minor PD Amendment MEETING DATE: April 28, 2014 (Second Reading scheduled June 9, 2014) APPLICANT: SUMMARY: St. Regis Hotel The applicant proposes to amend Section H.17 of the First Amended and Restated Aspen REPRESENTATIVE: Mountain Subdivision/PUD Agreement to Alan Richman Planning Services allow the full range of retail uses as allowed by the underlying zoning within the St. Regis LOCATION: Hotel. 315 E. Dean Street Lot 1, Aspen Mountain Subdivision/PUD STAFF RECOMMENDATION: Staff recommends amending Section H.17 of CURRENT ZONING & USE: the First Amended and Restated Aspen (L) Lodge/Hotel Mountain Subdivision/PUD Agreement to state: "The uses allowed in the commercial spaces shall be uses accessory to the lodge and those permitted in the underlying zoning." LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval: • Minor Amendment to a Project Review approval — An amendment found by the Community Development Director to be generally consistent with the allowances and limitations of a Project Review approval or which otherwise represents an insubstantial change but which does not meet the established thresholds for an insubstantial amendment, may be approved, approved with conditions or denied by the City Council, pursuant to 26.445.040.B.2 — Step Two. City Council is the final review authority. PROJECT BACKGROUND: The St. Regis Hotel is located on Lot 1 of the Aspen Mountain Subdivision/PUD. The Aspen Mountain Subdivision/PUD was approved in 1985 and has been amended several times since. The original hotel (Ritz Carlton) was built in 1992 on Lot 1 (also designated as Hotel Phase I in 1 the PUD Agreement), then changed ownership in 1998 and became the St. Regis Hotel. The property is currently zoned as (L) Lodge with a (PD) Planned Development Overlay. In 1988, the PUD Agreement was substantially amended. Section H.17 of the First Amended and Restated PUD/Subdivision Agreement (hereinafter "Amendment") reads as follows: "The accessory retail uses permitted within the Hotel Phase I shall be limited to the following and similar uses: sundry shop; car rental desk; travel desk; ski rental and repair store; ski and sports activity center; hotel operator souvenir store; beauty shop;florist shop; and gift shop. The four accessory retail spaces depicted in the building on Durant Street shall not be combined to create larger retail spaces. " PROJECT SUMMARY: The applicant would like to amend Section H.17 of the Amendment to continue to allow those uses already listed within the Amendment as a right, while also allowing other retail uses to apply for a conditional use as allowed by the underlying zone district. The proposed amended language would be as follows (changes bolded): "A. The accessory retail uses permitted within the Hotel Phase 1 shall be limited to the following and similar uses: sundry shop; car rental desk; travel desk; ski rental and repair store; ski and sports activity center; hotel operator souvenir store; beauty shop;florist shop; and gift shop. B. Any retail use that is not on this list or that the City's Community Development Director determines is not similar to any of the uses on this list shall be considered to be a "conditional retail use". Conditional retail uses shall only be permitted to occupy the retail spaces in the Hotel if they shall first receive conditional use approval from the City of Aspen. C. The two accessory retail spaces located in the building on Durant Street shall not be combined to create larger retail spaces. " STAFF EVALUATION: At the time of the Amendment, the property was zoned (L/TR) Lodge/tourist Residential. Customary accessory uses were included as a permitted use, though what uses were considered customary accessory uses was not clearly identified. Section H.17 of the Amendment was most likely added in order to clarify what could be considered a customary accessory use that could occupy those spaces within the hotel. Unfortunately, this has placed a limitation on the spaces to only allow for those types of uses. Staff often must deny businesses or burden a new business due to these limitations. One of Council's top ten goals for 2014 is to "identify strategies to expand business diversity and enhance business sustainability by reducing business start-up obstacles." Many properties, like the St. Regis, have these approval conditions that were a response to issues at the time, but may no longer be relevant. As part of a Council Work Session held on January 6, 2014, Staff suggested encouraging the process of "unbinding" existing commercial spaces from these conditions (Exhibit B). Council supported this process on an individual proposal basis as part of a work program (Exhibit Q. 2 The amendment proposed by the applicant achieves the idea of broadening allowable uses within the Hotel, however it does not fully "unbind" the property and adds further confusion. Staff recommends amending Section H.17 of the First Amended and Restated Aspen Mountain Subdivision/PUD Agreement to state: "The uses allowed in the commercial spaces shall be uses accessory to the lodge and those permitted in the underlying zoning." This would allow for any accessory uses to the lodge by right without defining specific uses, while any other use of the spaces would be according to the underlying zoning (currently Lodge), as may change from time to time. Staff finds this as a simpler method to expand the possible uses of the spaces while also bringing the property up-to-date with current zoning. Originally there were four spaces in the building on Durant Street. Over time, these spaces have been remodeled and at some point were combined to create two retail spaces, one currently occupied by Aspen Sports, and the other vacant. Staff does not find that the restriction requiring four spaces is no longer necessary and recommends that it is removed entirely. STAFF RECOMMENDATION: Staff recommends amending Section H.17 of the First Amended and Restated Aspen Mountain Subdivision/PUD Agreement to state: "The uses allowed in the commercial spaces shall be uses accessory to the lodge and those permitted in the underlying zoning." RECOMMENDED MOTION (ALL MOTIONS ARE IN THE AFFIRMATIVE): "I move to approve Ordinance No. 11, Series of 2014, approving a Minor Amendment to the Aspen Mountain Subdivision/PUD Agreement, on First Reading." EXHIBITS: A. Review Criteria—Planned Development Use Variation Standards B. Council Work Session Memo— 1.6.2014 C. Council Work Program Memo— 1.6.2014 D. Application E. Supplement to Application 3 ORDINANCE NO. 11 (SERIES OF 2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AMENDMENT TO THE ASPEN MOUNTAIN SUBDIVISION FIRST AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE PROPERTY LOCATED AT 315 E. DEAN STREET, LEGALLY DESCRIBED AS HOTEL UNIT AND COMMERCIAL UNIT, ASPEN RESIDENCE CLUB AND HOTEL, CITY OF ASPEN, PITKIN COUNTY, COLORADO. PARCEL ID: 2737-182-85-033. WHEREAS, the Community Development Department received an application from the St. Regis Hotel, represented by Alan Richman Planning Services, requesting approval of an amendment to the Aspen Mountain Subdivision First Amended and Restated Planned Unit Development/Subdivision Agreement; and, WHEREAS, the property is currently zoned (L) Lodge; and, - - - - - - - - - - - WHEREAS, pursuant to Section 26.445.110.13, Minor Amendment to a Project Review approval, an amendment found by the Community Development Director to be generally consistent with the allowances and limitations of a Project Review approval or which otherwise represents an insubstantial change but which does not meet the established thresholds for an insubstantial amendment, may be approved, approved with conditions or denied by the City Council, pursuant to 26.445.040.B.2; and, WHEREAS, upon review of the application and the applicable Land Use Code standards, the Community Development Department recommends approval of this application with condition; and, WHEREAS, City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on June 9, 2014, the City Council approved Ordinance No. 11, Series of 2014, by a to (_—_) vote, approving an amendment to the Aspen Mountain Subdivision First Amended and Restated Planned Unit Development/Subdivision Agreement; and, WHEREAS, City Council finds that the proposal meets or exceeds all applicable development standards; and, WHEREAS,the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. Ordinance No. 11, Series of 2014 Page I of 3 NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby amends Section H.17 of the Aspen Mountain Subdivision First Amended and Restated Planned Unit Development/Subdivision Agreement to state: 17. The uses allowed in the commercial spaces shall be uses accessory to the lodge and those permitted in the underlying zoning. - - - - - - - - - - - - - - - - Section 2: Severability If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. _Section 3: Existinp,Litigation This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: Approvals All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5: Public Hearin A public hearing on this Ordinance shall be held on the 9t' day of June, 2014, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a 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 281h day of April, 2014. Attest: Kathryn S. Koch, City Clerk Steven Skadron,Mayor Ordinance No. 11, Series of 2014 Page 2 of 3 FINALLY, adopted, passed and approved this_day of ,2014. Attest: Kathryn S. Koch, City Clerk Steven Skadron, Mayor Approved as to form: Jim True, City Attorney Ordinance No. 11, Series of 2014 Page 3 of 3 EXHIBIT A 26.445.060. Use Variation Standards. A development application may request variations in the allowed uses permitted in the zone district. The burden shall rest upon an applicant to show the reasonableness of the request and its conformity to the standards and procedures of this Chapter and this Title. The permitted and conditional uses allowed on the property according to its zoning shall be used as a guide, but not an absolute limitation, to the land uses which may be considered during the review. Any use variation allowed shall be specified in the ordinance granting Project Review approval. In the review of a development application for a Project Review, the Planning and Zoning Commission or the Historic Preservation Commission, as applicable, and City Council shall consider the following standards related to Use Variations: A. The proposed use variation is compatible with the character of existing and planned land uses in the project and surrounding area. In meeting this standard, consideration shall be given to the existence of similar uses in the immediate vicinity, as well as how the proposed uses may enhance the project or immediate vicinity. Staff Findings: There are currently a variety of retail and restaurant uses located within the Hotel as well as in the nearby vicinity. The restriction on particular types of retail uses has limited the use of retail space, particularly along Durant Avenue where one space has remained vacant for quite some time. The allowance e Hotel�Stafffinds this criterion n �o be met sure the continued occupancy of retail spaces within th B. The proposed use variation is effectively incorporated into the project's overall mix of uses. In meeting this standard, consideration shall be given to how the proposed uses within a project will interact and support one another. Staff Findings: There are only a handful of spaces within the Hotel that are currently dedicated to retail or restaurant use. The interior location of these spaces suggests use primarily for the Hotel guests, but do not necessarily limit who may use them. These spaces are currently used as a gift shop and sports activity center, both intended specifically for Hotel guests. The spaces located along Durant Street have more of an on-street visual presence and are more likely to attract additional business from thosen�illt create Hotel. The provision of a mix of business variety to help shops for both internal and external customers create vibrancy for the Hotel and surrounding area. Staff finds this criterion to be met. C. The location, size, design, and operating characteristics of the proposed use variation minimizes adverse effects on the neighborhood and surrounding properties. Staff Findings: The spaces within the Hotel have almost no impact on the neighborhood or surrounding properties as they are primarily intended for Hotel guests and are not visible unless you are within the Hotel. The spaces along Durant Street would attract more attention from external customers, but would still be required to comply with underlying zoning. Under the current Lodge zone district, any retail use that is accessory to the Hotel would be permitted by right. Any other retail or restaurant use would require a Conditional Use approval, providing surrounding property owners the chance for input at a public hearing. Staff finds this criterion to be met. D. The proposed use variation complies with applicable adopted regulatory plans. Staff Findings: Allowing a wider variety of commercial uses within the Hotel spaces helps to create a diverse commercial mix and enhance lodging amenities. This is in line with the goals of the AACP. Staff finds this criterion to be met. EXHIBIT B MEMORANDUM TO: Mayor Skadron and Aspen City Council FROM: Chris Bendon, Community Development Director RE: Work Session: Best Year Yet Goal#10 DATE: January 6, 2014 BACKGROUND: The City's Best Year Yet plan includes a goal regarding business diversity. The purpose of this work session is to gain clarity on the goal and strategies to achieve it. The number and scope of potential strategies are broad. Narrowing the efforts will enable staff to focus on Council's priorities. THE GOAL: #10. By August 31, 2014 help insure the livability of Aspen for future generations by identifying strategies to expand business diversity and enhance business sustainability by reducing business start-up obstacles. CURRENT EFFORTS: Business Navigator. City staff is developing a web-based navigator for local businesses and others conducting business within the City. This site provides information on how to start or relocate a business with the ability to apply for and obtain a business license, sign permits and most other City permits. It will connect with the City's online building permitting software,as well as the City's business licensing software. One set of pages is geared to new and prospective businesses not familiar with the local business license process and should serve as a resource for local commercial brokers. Additional pages are geared toward explaining the City's land use, building and engineering permit processes. A final set of pages will walk applicants through the Special Events permit process. Roll-out is expected by March 1 st. Welcoming New Businesses. City staff is developing, in cooperation with Aspen Chamber Resort Association, a welcome package to give out to all new businesses opening in Aspen. A few times a month, this package would be given out to new businesses by local officials, perhaps by the mayor or council members, and a representative from ACRA. The packet would include information on accessing City documents and how to fill those documents out. SUGGESTED EFFORTS: Expanding Retail to the Mixed-Use Zone. The Mixed-Use zone allows retail operations within historic buildings only. The MU zone is primarily Main Street, but also includes properties east of Spring Street downtown and the Jerome Professional building (under construction). Permitting retail in all buildings in this zone may create new opportunities for retail start-ups. The lease rates would reflect the non-prime locations. If this is pursued, staff would discuss the potential with the HPC — the allowance for historic buildings is an incentive although staff believes the value of the incentive is marginal. Aspen Brand Aspen enjoys a high profile and international identity as a luxury resort. Like any brand, the Aspen brand is susceptible to degradation through complacency. Businesses reliant on strong identity constantly evolve their identity to stay current and fresh. This is especially prevalent in retail fashion as each season presents a challenge to be cutting-edge while still true to the brand legacy. This effort would focus on the Aspen identity and attempt to broaden what Aspen is known for. Some areas may need little emphasis — like epic skiing and happening nightlife. Other areas may need extra effort—such as healthy living and business innovation. A more selective approach to special events would be necessary. For high-profile events,Aspen would look to ensure each relationship broadens and strengthens Aspen's long-term identity. in particular, Aspen would seek relationships that bolster a high quality of living and a respect for Aspen's past. This effort should also support eccentric, quirky, only-in-Aspen activities. The unusual and sometimes bizarre happenings are part of the Aspen identity. Off-season capture-the-flag and townie rides ending at the Brewery add to a funky vibe that's been here since the 70's. The City may be able to assist these"events" as part of an overall strategy. This includes the Mayor's recent efforts regarding outdoor gear and previous efforts to secure the bike race. "Tested in Aspen" could become an important status within the outdoor gear manufacturing realm and an example of mutually beneficial cross branding. Having Aspen known for where the world's best outdoor gear is put through its paces can have long-term benefit to our sustainability as a resort and to local businesses. The near term could involve a master plan or visioning document related to branding and a strategy for special events—both sophisticated and quirky. Brainstorming with local businesses regarding identity and branding ideas is also suggested. Commercial Space within New Lodges. Commercial space within lodge properties are usually limited as "accessory to the lodge operation." A coffee shop, for example, could be an on-site amenity for lodge guests but could not be open to the general public. This can become an obstacle and many see it as unproductive. Staff believes the City should remove this limitation and allow commercial spaces within lodges to function like other commercial/retail spaces. This will also assist the City's lodging efforts. POSSIBLE EFFORTS: Selective SCI Rezoning. In April 2013 staff presented various options to City Council regarding rewriting or rezoning the SCI properties. The SCI zone has long been a difficult zone to manage—the list of uses is very specific and antiquated. Staff must review the business plan of each new operation and 0 0 prospective business operators are usually left wondering why the City is so restrictive. New businesses express their frustration with: "why are you so anti-business," "but my business serves locals,""all the other places are way too expensive,"etc.. Staff supports a rezoning of the Obermeyer Place development to Neighborhood Commercial. This would enable SCI spaces within Obermeyer to house a broader range of businesses, including offices. The SCI spaces in Obermeyer have struggled to find tenants, some of which have been mostly vacant since inception. Staff has discussed this with the Obermeyer Place HOA board president but has not heard back. The same approach could also be beneficial for the North Mill properties located along the river. These buildings are mostly professional offices and staff often receives requests for additional professional offices in this location. The City would need to consider whether a simple rezoning to Neighborhood Commercial, which allows free-market residential, would encourage a redevelopment and if such redevelopment would be desirable. Public/Private Redevelopment of SCI Properties. The SCI properties along North Mill Street are redevelopment candidates. The City has previously explored rezoning options to adjust the types of allowable businesses. This effort was met with significant concern about the effects on existing businesses. (also see "rewrite of SCI,"below.) Redevelopment of the property could be an opportunity to create small business start-up spaces ranging from quasi-industrial type operations to professional offices. The property enjoys good access and low topography to minimize the effects of larger structures. This would not be a small undertaking. Determining the types of businesses, types of spaces, potential transition planning for existing businesses, and negotiating with the property owner would be complicated. Redevelopment of Zupancis Parcel. The 540 Main Street property was originally purchased to assist the Fire Station in their efforts to relocate to Main Street. It has since been seen as a potential expansion opportunity for County Administration. The County is currently considering options that do not involve the Zupancis property. The property has never been considered as a long-term city asset—proceeds from the sale of the property have been earmarked for City Hall renovations. The City's long-range plan is to relocate the parking department to an expanded building along Rio Grande Place. The property has been informally considered in various discussions for affordable housing, a lodge, a commercial incubator,or as a mixed-use development. The City could undertake an effort to identify an ideal development program for the property, provide a basic level of development entitlement, and then either sell the property or pursue a development partner. This would not be a small undertaking as the City has little experience as a "redevelopment authority." Development of the property would need to consider the historical assets currently at the rear of the property, access from Main Street, and proximity to adjacent development. "Unbinding"Existing Commercial Spaces. Some properties are burdened with approval conditions dating back to the original approval. The conditions were responsive to issues of the time but, in staffs opinion, may no longer be relevant. Many of the lodges, for example, have commercial spaces that only allow retail accessory to the hotel operation and often include a specific list of allowable uses-travel agent, car rental desk, sundry store, gift shop, etc. Staff often must deny business proposals because they don't fit the specific list of uses or burden the new business with unworkable limitations. For example, a gym within a hotel may be limited to being a hotel amenity and able to offer memberships to the general public. If these spaces allowed general commercial-uses, many more businesses could locate is these spaces. These limitations are usually specified in an Ordinance and within a development agreement— making for a cumbersome process to modify them. City could search for these outdated requirements and encourage property owners to seek modification. Each request would need to be reviewed on its own. Encouraging Commercial Expansions The process and mitigation requirements to expand an existing business space can be prohibitive. "Lowering" the requirements for new commercial space may enable some expansions. The City recently amended the code to permit small expansions (up to 500 square feet) without requiring mitigation. One property has utilized this provision. This concept should not be expected to lower lease rates. Selective Public/Private Partnerships. City staff could seek-out opportunities for commercial expansions and contact property owners. Opportunities may exist within existing structures or may involve new development. This is a very different role for staff and the community is not used to seeing staff "drumming-up business." However, some opportunities for additional or higher quality commercial space may exist. Cooper Street Basement. The basement of 508 E. Cooper contains a commercial space, currently vacant. The project was approved through a settlement agreement which requires this space be rented to a restaurant with a limitation on the prices of food. The 1,800 s.f. space is unfinished with a tenant finish estimate of roughly $1 million. The landowner has not been successful in their attempt to secure a tenant. The City has the right to request proposals and "name a tenant for consent by the landowner." City staff would like to know if a request for proposals should be drafted and advertised. If the City were to issue an RFP, staff recommends the proposals initially be forwarded directly to the landowner for their consideration. PREVIOUS EFFORTS: Wholesale Rewrite of SCL In April 2013 staff presented various options to City Council regarding rewriting or rezoning the SCI properties. The SCI zone has long been a difficult zone to manage—the list of uses is very specific and antiquated. Staff must review the business plan of each new operation and prospective business operators are usually left wondering why the City is so restrictive. New businesses express their frustration with: "why are you so anti-business," "but my business serves locals," "all the other places are way too expensive,"etc.. Business owners currently operating in the SCI district are very fearful of zoning changes and their expected redevelopment of the properties. Many of the businesses report that they are on month-to-month leases. During the last effort, current business expressed their frustrations with: "why is the City trying to kick us out,"and"why is the city encouraging a redevelopment." Staff does still believe a wholesale redefinition of SCI is needed. Many of the permitted uses aspire to a bygone era. The current zoning does, however, provide a safe-haven for nearly- extinct but needed businesses—like the laundromat. Staff suggests the any rewrite to allow new uses be done in coordination with a redevelopment or partnership redevelopment. Specific certain uses or development incentives could f commmercial offered hin City in exchange for development.protecting(AI o se selective SCI creating specific types o spaces rezoning and Public/Private Redevelopment, above) Defining and Regulating "Locally-Serving." The community has had some version of a `locally-serving-commercial' aspiration for 40-some years. The stumbling point has always been around definition—deciding who's in(and not). Most-recently,the City installed a two-year moratorium with the aim of defining locally-serving commercial uses. The City looked at business quotas, special reviews by a new board to determine what businesses can open, ways to prohibit"chain" stores,ways to regulate non-local ownership, ways to regulate price-point, ways to dictate products, ways to prohibit "high-end" or "luxury" brands, etc. The City even researched direct subsidies for some essential business types. As part of this effort,the City contemplated quotas or limits on jewelry stores, fur stores, and galleries. None of the concepts gained community favor and many in the community started to question if this was a legitimate role for local government. One idea that gained mediocre support was for the City to open its own store and sell whatever it decided to sell. After two years the City lifted the moratorium with no changes to the Code. Eventually all locally-serving discussions return to a fundamental question of definition—who's in and who's not in. Does a jewelry store qualify? Does a ski shop? The question gets tougher with real examples — is Peach's locally-serving? Is Pitkin County Dry Goods locally-serving? The gas station,the Wheeler, Ute Mountaineer, etc.. Most of the work staff has done on this topic has been a way to deflect the core question of who's in and who's not in. Staff does not recommend pursuing this concept again. Previous efforts have been a quagmire and repeating the effort is likely to produce the same result. Plus, limiting certain business types may not be in-line with Council's goal of minimizing business obstacles. EXHIBIT C MEMORANDUM TO: Mayor Skadron and Aspen City Council FROM: Chris Bendon, Community Development Director RE: Work Session: Best Year Yet Goal#10 DATE: January 6, 2014 The City Council reviewed this goal on January 6th and set the following work program. Business Navigator. City staff is developing a web-based naviga>� ation on how to start or conducting for local businesses and others relocatea business business within the City. This site provides with the ability to apply for and obtain a business license, sign permits and most other City permits. It will connect with the City's online building d to new and prospectsveebusinessestnot business licensing software. One set of pages is geare familiar with the local business license process now°alexplaining the ' , landluse1 commercial brokers. Additional pages are geared building and engineering permit processes. A final set of pages will walk applicants through the Special Events permit process. Roll-out is expected by March 1 st. Welcoming New Businesses. lcome City staff is developing, in cooperation Chamber ew�messy month,thi package package to give out to all new businesses opening in Aspen. g b the mayor or council- members,be given out to new businesses by local officials, perhaps Y members, and a representative from ACRA. h e packet out. would include information on accessing City documents and how to fill those is of the Mixed-Use Expanding Retail to the Mixed-Use Zone. Staff is properties of Spring Street zone. The MU zone is primarily Main Street, b ut also downtown and the Jerome Professional building (under construction). The MU zone allows retail operations within historic buildings only. Permitting retail in all buildings in this create new Staff is opportunities the potential change The lease rates would reflect the non p rime locations with commercial brokers and will discuss the potential with the HPC before returning to City Council. Aspen Brand atio Aspen enjoys a high profile and intern through identity as a luxury resort. Like any brand, the Aspen brand is susceptible to degradation s�arogent and fresh. This ssis especially prevalent rin identity constantly evolve their identity to y retail fashion as each season presents a challenge to be cutting-edge while still true to the brand legacy. This effort would focus on the Aspen identity and attempt to broaden what Aspen is known for. Some areas may need little emphasis — like epic skiing and happening nightlife. Other areas may need extra effort—such as healthy living and business innovation. A more selective approach to special events would be necessary. For high-profile events, Aspen would look to ensure each relationship broadens and strengthens Aspen's long-term identity. In particular, Aspen would seek relationships that bolster a high quality of living and a respect for Aspen's past. This effort should also support eccentric, quirky, only-in-Aspen activities. The unusual and sometimes bizarre happenings are part of the Aspen identity. Off-season capture-the-flag and townie rides ending at the Brewery add to a funky vibe that's been here since the 70's. The City may be able to assist these"events" as part of an overall strategy. This includes the Mayor's recent efforts regarding outdoor gear and previous efforts to secure the bike race. "Tested in Aspen" could become an important status within the outdoor gear manufacturing realm and an example of mutually beneficial cross branding. Having Aspen known for where the world's best outdoor gear is put through its paces can have long-term benefit to our sustainability as a resort and to local businesses. The near term could involve a master plan or visioning document related to branding and a strategy for special events—both sophisticated and quirky. Brainstorming with local businesses regarding identity and branding ideas is also suggested. Commercial Space within New Lodges. Commercial space within lodge properties are usually limited as "accessory to the lodge operation." A coffee shop, for example, could be an on-site amenity for lodge guests but could not be open to the general public. This can become an obstacle and many see it as unproductive. Staff will propose removing this limitation and allow commercial spaces within lodges to function like other commercial/retail spaces. This will also assist the City's lodging efforts. Selective SCI Rezoning. In April 2013 staff presented various options to City Council regarding rewriting or rezoning the SCI properties. This would enable SCI spaces within Obermeyer to house a broader range of businesses, including offices. Staff has discussed this with the Obermeyer Place HOA board president but has not heard back. Public/Private Redevelopment of SCI Properties. The SCI properties along North Mill Street are redevelopment candidates. The City has previously explored rezoning options to adjust the types of allowable businesses. This effort was met with significant concern about the effects on existing businesses. Redevelopment of the property could be an opportunity to create small business start-up spaces ranging from quasi-industrial type operations to professional offices. Staff is currently working with a potential tenant to create a business incubator in the near term. This may evolve into a redevelopment discussion if interest in the incubator is strong. Redevelopment of Zupancis Parcel. The 540 Main Street property was originally purchased to assist the Fire Station in their efforts to relocate to Main Street. The property has never been considered as a long-term city asset. The City could undertake an effort to identify an ideal development program for the property, provide a basic level of development entitlement, and then either sell the property or pursue a development partner. This was of interest to City Council be less of a priority. "Unbinding"Existing Commercial Spaces. Some properties are burdened with approval conditions dating back to the original approval which are no longer relevant. Many of the lodges, for example, have commercial spaces that only allow retail accessory to the hotel operation and often include a specific list of allowable uses—travel agent, car rental desk, sundry store,gift shop,etc. These limitations are usually specified in an Ordinance and within''a development agreement. Individual proposals may come forward although none are currently underway. Cooper Street Basement. The basement of 508 E. Cooper contains a commercial space, currently vacant. The project was approved through a settlement agreement which requires this space be rented to a restaurant with a limitation on the prices of food. The 1,800 s.f. space is unfinished with a tenant finish estimate of roughly $1 million. The landowner has not been successful in their attempt to secure a tenant. Staff will be releasing an RFP with potential tenant responses forwarded to the landowner. There is no timetable for this needing Council input. � r ALAN RICHMAN PLANNING SERVICES, INC. P.O. BOX 3613 ASPEN, COLORADO 81612 970-920-1125 March 12, 2014 Mr. Justin Barker, Planner City of Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 RE: ST. REGIS HOTEL PUD AMENDMENT REGARDING ACCESSORY AND CONDITIONAL RETAIL USES Dear Justin, This is an application to amend the Planned Unit Development (PUD) that applies to Lot 1 of the Aspen Mountain PUD/Subdivision, on which the St. Regis Hotel is located. The property's street address is 315 East Dean Street and its Parcel ID # is 273718285033. The purpose of the PUD amendment is revise the language of Section 17 of the 1988 PUD Agreement for the property, which addresses the accessory retail uses that are permitted within the Hotel. A vicinity map showing the location of the subject property is attached to this application letter. The St. Regis Hotel is owned by 315 E. Dean Street Associates, Inc. (hereinafter, "the applicant"). Proof of the ownership of the subject property is provided in the form of a letter from Mr. Chris LaCroix, an attorney licensed to practice in Colorado, certifying as to the ownership of the property (see Exhibit#1). The applicant has designated Alan Richman Planning Services, Inc. as its representative for purposes of this application (see the letter attached hereto as Exhibit#2). Several pre-application discussions were held between the applicant and staff of the Community Development Department prior to submission of this application. A copy of the pre-application form staff provided to the applicant is attached hereto as Exhibit #3. According to the form, the applicant has been directed to respond to the following section of the Land Use Code: 26.445.100.D: Minor Amendment to a Project Review Approval. Mr. Justin Barker March 12, 2014 Page Two The following sections of this application are organized to demonstrate how the proposal complies with the applicable review standards of the Aspen Land Use Code. First however, some background information is presented describing the history of the prior land use approvals granted to the property and providing a summary of existing conditions at the hotel. Background Information The St. Regis Hotel (legally described as the Aspen Residence Club and Hotel) is located on Lot 1 of the Aspen Mountain Subdivision/PUD. Lot 1 consists of approximately 3 acres of land (+/- 128,941 sq. ft.) that is centrally located at the base of Aspen Mountain. The property is zoned Lodge and has a PUD overlay applied to it. The Aspen Mountain Subdivision/PUD was originally approved by the City of Aspen in 1985. The PUD/Subdivision Plat documenting this approval is recorded in Plat Book 17 @ Page 99 of the Pitkin County Records. The original PUD Agreement is recorded in Book 500 @ Page 656. The first significant amendment to the PUD/Subdivision was approved by the City Council in 1988. The amended PUD/Subdivision Plat was recorded in Plat Book 21 @ Page 35 and the amended PUD Agreement is recorded in Book 574 @ Page 792. Several other amendments were approved by the City in later years. Construction of the Hotel (originally known as the Ritz Carlton) was completed in 1992. The property changed in ownership in 1998 and the Hotel was re-branded as the St. Regis Hotel. In 2003, the then owner of the property obtained approval for a land use application to convert 98 of the then existing 257 hotel rooms into 25 timeshare units. Approval was also given to modify the 22 approved but at that time un-built hotel rooms in Building C into 20 hotel rooms and to convert a portion of the space on the Ballroom Level into a spa. Approval for these activities was granted pursuant to City Council Ordinance No. 25, Series of 2003 (see Exhibit #4). The amended PUD/Subdivision Plat documenting this approval was recorded in Plat Book 68 @ Page 42 of the Pitkin County records. The Residence Club and Hotel currently consists of 179 hotel rooms (257 — 98 + 20 = 179), along with the 25 timeshare units. The timeshare lodge units are located in their own wing of the hotel. The property also contains a variety of accessory uses, including the conference/meeting space and ballrooms, the spa, several dining areas and bars, including the Chefs Club Restaurant, and four retail spaces. Two of the retail spaces are located inside of the hotel lobby area, these being a gift shop/sundry shop and an outfitter/guide (fishing, etc.) type of activity shop. The other two spaces are in the building along Durant Avenue. One of these spaces is occupied by Aspen Sports while the second space is currently empty. h ! 2;114 Mr. Justin Barker March 12, 2014 Page Three PUD Amendment The applicant is requesting a single change to the approved PUD for Lot 1 of the Aspen Mountain Subdivision/PUD. The applicant requests that Section #17 of the amended PUD Agreement (see Exhibit#5) for the Hotel be revised. This section reads as follows: "l 7. The accessory retail uses permitted within the Hotel Phase I shall be limited to the following and similar uses: Sundry shop; Car rental desk; Travel desk; Ski rental and repair store; Ski and sports activity center, Hotel operator souvenir store; Beauty shop; Florist shop, and Gift shop. The four accessory retail spaces depicted in the building on Durant Street shall not be combined to create larger retail spaces." The reason that this section was included within the PUD Agreement is relatively easy to explain. When the Aspen Mountain PUD was originally being processed the underlying zoning of the property was known as the Lodge Two (L-2) zone district. Attached as Exhibit#6 is a list of the permitted uses in the L-2 zone district. You can see that this was a very basic use list, allowing restaurants as a conditional use, with no other commercial uses allowed. Instead, commercial uses were allowed in the Commercial Lodge (CL) zone district. Therefore, as part of the original hotel application, the applicant sought a rezoning of a portion of the project to CL and sought an allocation of commercial square footage for the hotel through the Commercial GMQS. That portion of the application was not well received by the City at that time and was ultimately withdrawn. After the original approval of the hotel in 1985 the project changed hands and a PUD Amendment was processed. An amended PUD was ultimately adopted by the City and a revised PUD Agreement was recorded in Book 574 @ Page 792 of the Pitkin County Records. It is that PUD Agreement that is the subject of this PUD Amendment application. During the time the amended PUD was being processed, the City was engaged in the process of comprehensively revising its zoning and subdivision regulations into a unified Land Use Code. That Code was adopted in mid-1988. Attached as Exhibit#7 is a copy of the permitted and conditional use district for the L/TR zone district from that Code. Mr. Justin Barker March 12, 2014 Page Four The L/TR zone district was created when the City merged the L-1 and L-2 zone districts into a new zone district as part of the new unified Land Use Code. You can see that the Code as that time listed the following as a permitted use: 6. "Dining rooms, customary accessory commercial uses, laundry and recreational facilities located on the same site of and for guests of lodge units, boardinghouses, hotels and dwelling units." The purpose of Section 17 of the 1988 PUD Agreement was to provide some specificity as to what the applicant and the City had agreed were the "customary accessory commercial uses" that would be allowed in the retail spaces that were to be included in the Hotel. Since that time the retail spaces in the Hotel have been limited to these uses only. In 2005 the City adopted substantial amendments to the L/TR zone district and renamed that district the Lodge (L) zone district. Among the changes made, the permitted and conditional use list for the district was changed in a significant manner. Attached as Exhibit #8 is a copy of the current use list for the Lodge zone district. You can see that permitted use #8 refers to "Accessory uses and structures" and specifically allows food service for guests" as an accessory use. No further specificity is provided for this use. However, under conditional uses, the zone district now allows Retail and restaurant uses as a conditional use. While restaurant was listed as a conditional use in the L-2 and L/TR zone districts, having retail as a conditional use in the zone district is a change that has only been codified since 2005. Proposed PUD Amendment The St. Regis would like to have the opportunity to occupy its retail spaces with the full range of retail uses, as is now permitted of any other property in the Lodge zone district. They recognize that any new retail use would need to receive conditional use approval to occupy the retail spaces. To accomplish this objective, the applicant proposes to amend Section #17 of the PUD Agreement. The applicant proposes a hybrid approach to this amendment. Since the Code continues to allow accessory uses, the applicant would like to retain the definition from the current agreement as to what are considered to be accessory retail uses, which would continue to be permitted by right in the hotel. Any commercial use not on the list or which is found to not be similar to use on the list would be considered to be a "conditional retail use" that would require conditional use review and approval from the Planning and Zoning Commission before it could occupy a retail space in the Hotel. Following is the language which the applicant proposes for the replacement of Section 17 (new language is underlined): Mr. Justin Barker March 12, 2014 Page Five 'A. The accessory retail uses permitted within the Hotel Phase I shall be limited to the following and similar uses: Sundry shop; Car rental desk; Travel desk; Ski rental and repair store; Ski and sports activity center, Hotel operator souvenir store, Beauty shop; Florist shop; and Gift shop. B. Any retail use that is not on this list or that the City's Community Development Director determines is not similar to any of the uses on this list shall be considered to be a "conditional retail use". Conditional retail uses shall only be permitted to occupy the retail spaces in the Hotel if they shall first receive conditional use approval from the City of Aspen. C. The two accessory retail spaces located in the building on Durant Street shall not be combined to create larger retail spaces." This proposal adds a new sub-section B to Section 17, to specify how the new retail uses (a/k/a, "conditional retail uses") will be allowed via conditional use review. Please also note that two words are proposed to be amended in Section C., to reflect the fact that for many years there have been two, not four retail spaces in the building on Durant Street. There are at least two reasons that we believe the City should support this amendment. First of all, the purpose of the City's PUD regulations is to provide flexibility to applicants to create projects that are more consistent with public policy objectives than can typically be achieved through standard zoning. In this case, due to the age of the Aspen Mountain PUD (more than 25 years), the use provisions of the Aspen Mountain PUD are not creating any flexibility for the applicant and have instead actually become more restrictive than the underlying zoning. The applicant does not seek any variances or special treatment for this property. Instead the applicant seeks equal treatment in how the UTR zone district use limitations are applied to this property so that the same uses that are permitted to be established at all other properties in the Lodge zone can be established at the St. Regis. Mr. Justin Barker March 12, 2014 Page Six Secondly, this amendment is appropriate because it will give the St. Regis the opportunity to create a bit more vitality in the Lodge zone district. Today a prime commercial space that is located at the corner of Durant and Monarch Streets, right across from Wagner Park, is sitting empty because of the limits placed on the permitted commercial use list for this PUD. This amendment will allow this space to be filled with a retail use, subject to conditional use review to ensure that the propose use is appropriate in this location. Section 26.445.110 of the Land Use Code establishes the procedures and standards for PUD Amendments. It states that amendments to PUD's approved prior to the adoption of Ordinance 36, Series of 2013 shall be processed by having the Community Development Director determine whether the amendment is insubstantial, minor or major. The Director has found that the proposed amendment to the PUD Agreement exceeds the threshold for an "insubstantial amendment" and should be classified as a "minor PUD amendment". Section 26.445.110 D. of the Land Use Code, which governs minor PUD amendments, does not contain its own standards for review of an amendment. It instead refers the applicant to the project review standards that apply to all PUD's (Sec. 26.445.050). Most of these review standards are more applicable to new development than to a minor amendment to a development agreement. Therefore, substantive responses are only provided to those few standards which apply to this proposal. PUD Proiect Review Standards A. Compliance with Adopted Regulatory Plans. Response: This proposal complies with the Aspen Area Community Plan (AACP) by helping to create more vitality and diversity at the base of Aspen Mountain. The City made the decision nearly a decade ago to allow a wide range of retail uses to occur in the Lodge zone district, subject to conditional use review. This proposal will extend that decision to the St. Regis Hotel, one of the most prominent hotels in the Lodge zone district, which has until now been unable to avail itself of the options that are available to all other surrounding properties that are designated Lodge. B. Development Suitability. Response: Primary retail uses will only be able to occupy the retail spaces if they obtain conditional use approval. Conditional use review will ensure that any primary retail uses proposed are suitable in this location. C. Site Planning. Response: No changes are proposed to the approved site plan for the Hotel. Mr. Justin Barker March 12, 2014 Page Seven D. Dimensions. Response: No changes are proposed to the dimensions established by the approved PUD plan. E. Design Standards. Response: No changes are proposed to the exterior appearance of the Hotel, and there will be no changes to the visual character of the PUD. F. Pedestrian, Bicycle and Transit Facilities. G. Engineering Design Standards. H. Public Infrastructure and Facilities. I. Access and Circulation. Response: None of the above standards apply to this proposal. Conclusion The above responses and the attached exhibits provide the information the City has requested to process this application. The materials submitted demonstrate that the application complies with the applicable provisions of the Aspen Land Use Code. Please do not hesitate to contact us if you need anything else during the review process. Very truly yours, ALAN RICHMAN PLANNING SERVICES, INC. Alan Richman, AICP MAR 122014 EXHIBITS Map of Aspen,Aspen vtttage street map-,!it.aegis Aspen meson rltttl.//www.,5uc�,iaa�Ycu.wru/aayciligcuiii6-uciciiiiap/ e is Aspen Resort (http. NW.stregisaspen.co ), est Rooms-(http://www.stregisas n.com/guest-rooms/) eatured-3) 'r n Home(http://www.stregisaspen.com) /Aspen(http://www.stregisaspen.com/aspen/) / Reservations Getting Here(http://www.stregisaspen.com/aspen/getting-here/) / Map Check In 06/19/2013 GETTING HERE Check Out (HTTP://WWW.STREGISASP P 06/20/2013 /ASPEN/GETTING- Q HEREn ° ({to(ttanry0�i Rooms) Adults Per Room w DAir Services � E�!,��ir�/ ��_ y (http://wvw.stregisaspe /aspen/getting- E 40e, here/air- Pad EkOpkr'nsgv� �, (a? �>�fa/ Reserve Q servicesn z K; Z I ­...� ..............--...:. .......___..__......................... : F10/)k l Driving e C' f.Vn,7 �s pve Best Rates Guaranteed. (http://www.stregisaspe Avg Plus Earn Starpoints® /aspen/getting- Ecaopergve FN r, (https://www.starwoodhotels.com Yrna04ve yarn /bestrate/index.html) here/driving/) Map Wagner w h E c (http://www.stregisaspe pan Gt EC"PerA /aspen/getting- ��an sr here/map/) Or/ran/Ave Strark S/ E. 47 � A v l W 5th>Ave Gyp o 1�a t/L Cti ©2AY80ogle- �� �.. Map data 02013 Google- Exceptional accommodations notwithstanding,Aspen's unrivaled beauty is itself reason enough to make the journey. Perched high in the Elk Mountains branch of the Rockies,Aspen and its sister town of Snowmass Village boast four major ski areas,the highest concentration in all of A Colorado.The St. Regis Aspen Resort is ideally located at the base of Aspen Mountain, in perfect proximity to the area's primary ski lifts as well as walking distance �r.trL(( to all of Aspen's shopping,dining and entertainment. The resort is conveniently located just 10 minutes from Aspen Airport,eight minutes from Aspen Golf Course, 12 minutes from Aspen Highlands Ski Area, 10 minutes from I of 3 6/19/2013 4:44 PM ASPEN OFFICE GARFIELD &HECHT,P.C. Victorian Square 601 East Hyman Avenue ATTORNEYS AT LAW Aspen;Colorado 81611 Telephone(970)925-1936 Since 1975 Facsimile(970)925-3008 www.garfieldheeht.com July 1,2013. Via Email 315 East DeariAssociates, Inc. c/o St.Regis.Aspen Resort 315 East Dean Street Aspen,Colorado, 81611 Attn.; Mr.Joel Hockriell,Director of Project Development Email: ioelhocknell(a�gmail.com Re: Ownership of St.Regis Aspen Dear Mr.Hocknell: Simon Prisk asked me to write to you because I understand that you need a letter from a Colorado lawyer to confirm ownership of certain real property in Pitkin County,Colorado known as the"St.Regis Aspen"which is located at 315 East Dean Street in Aspen,Colorado 81611_ Please accept this letter to confirm that according my research of the real estate records of Pitkin County,Colorado,315 East Dean Associates,Inc.,a Delaware corporation,is the owner of the real property described as follows: Hotel Unit and Commercial Unit Aspen Residence Club and Hotel Condominium Map According to the Plat recorded January 21,2005 in Plat Book 71 at Page 86 as Reception No., 506237 and as defined and described in the Declaration and Plan of Club Ownership for Aspen Residence Club and Hotel Condominium recorded January 21,2005 as Reception No. 506236. County of Pitkin, State of Colorado. Please contact me with any questions. Sinc el , G e d&Hecht,P.C. By: Chris aCroix tit a, Copy via email to: Simon H.Prisk,Esq. ��7f4 9783091 ®Printed on recycled paper Aspen • Avon • Basalt • Glenwood Springs • Rifle EXHIBIT#2 Mr. Chris Bendon, Director City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: LETTER OF AUTHORIZATION FOR LAND USE APPLICATION FOR 315 EAST DEAN STREET Dear Mr. Bendon, 315 E. Dean Street Associates is the owner of the property located at 315 East Dean Street. I am the Director of Development Services for 315 E. Dean Street Associates. I hereby authorize Alan Richman Planning Services, Inc. to subma land use tot is use for a PUD Amendment (Other) to amend a condition the City previously a pP of this property. Mr. Richman is authorized to submit this application on our behalf and to represent us in meetings with City of Aspen staff and the City's review bodies. Should you have any need to contact us during the course of your review of this application please do so through Alan Richman Planning ing Services or you may also contact me directly at the address or phone number Sincerel 31 . Dean Street Associates Joel Hocknell, Director of Development Services 315 East Dean Street Aspen, CO 81611 970-948-9354 MAR 12 2014 CITY �,_ ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Justin Barker,429.2797 DATE: February 28, 2014 PROJECT: St. Regis, PD Amendment REPRESENTATIVE: Alan Richman,920.1125 DESCRIPTION: The St. Regis Hotel is located on Lot 1 of the Aspen Mountain Subdivision. The property is currently zoned (L) Lodge with a (PD) Planned Development Overlay. Section H.17, of the 1St Amended and Restated PUD/Subdivision Agreement for the Aspen Mountain Subdivision (reception #304523) only permits specific accessory retail uses within the Hotel Phase I (Lot 1, currently the St. Regis), The Applicant is proposing to amend this section to retain those uses as permitted, while also allowing the property owner the ability to apply for conditional uses within underlying zoning. The applicant will need to submit a Land Use Application requesting a Minor Amendment to a Project Review approval. This requires one public hearing before City Council. Below are links to the Land Use Application form and Land Use Code for your convenience. Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.445.110.1) Minor Amendment to a Project Review approval Land Use Code link: artments/Communit -Develo menVPlannin -and-Zonin /Title-26-Land-Use-Code/ ha itkin.comlDe Land Use Application: htt llwww aspenpitkin comlPortals/O/docs/City/Comdev/Apps%20and%20Fees12013%201and%20use%20app%20form.pdf Review by: Staff for complete application City Council Public Hearing: Yes, at City Council Planning Fees: $4,550. This includes fourteen (14) hours of staff review time. Additional time over fourteen (14) hours will be billed at$325 per hour. Referral Fees: None Total Deposit: $4,550 Total Number of Application Copies: 10 Copies, To apply,submit the following information: ❑ Proof of ownership with payment. • Signed fee agreement. • Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ Street address and legal description of the parcel on which development is proposed to occur,consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages,judgments, liens,easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ❑ Total deposit for review of the application. ❑ 10 Copies of the complete application packet and maps. 0. An 8112" by 11"vicinity map Dating the parcel within the City of Aspen. ❑ Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) ❑ A written description of the proposal and an explanation in written,graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. ❑ List of adjacent property owners within 300'for public hearing. ❑ Copies of prior approvals. rmat(number of copies noted above) as well as either of the following ❑ Applications shall be provided in paper fo digital formats. Compact Disk(CD)-preferred or thumbdrive. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. MAN 201 EXHIBIT#4 484489 Page: 1 of 5 I I 1 I �I 06/25/2003 10:469 SILVIA DAVIS PITKIN COUNTY CO R 26.00 0 0.06 ORDINANCE N0.25 (SERIES OF 2003) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A. PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT, GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS, TIMESHARE, AND SUBDIVISION FOR THE ST. REGIS HOTEL, CITY OF ASPEN, PITKIN COUNTY,COLORADO. Parcel ID:2737-1828-5001 WHEREAS, the Community Development Department received an application from the SLT Aspen Dean Street, LLC (Applicant), requesting a PUD Amendment, Growth Management Quota System Exemptions, Timeshare, and Subdivision to convert 98 of the existing 257 hotel rooms into 24 timeshare lodge units and one residential unit; to convert a portion of the existing meeting room, hotel office, and accessory space on the Ballroom Level into an approximately 15,300 square foot spa amenity; to convert the existing spa facility on the Second Level of Building B to the relocated hotel offices; and to modify the 22 approved, but un-built hotel rooms in Building C into 20 hotel rooms; and, WHEREAS, the 24 timeshare lodge units are proposed to be sold in a minimum of 1/11'h fractional interests; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Waste District, City Engineering, Building, Fire, Streets, Parks,Housing, Environmental Health, and Water Departments as a result of the Development Review Committee meeting;and, WHEREAS,the applicant has chosen to consolidate all.of the land use approvals, in accordance with Section 26.304.060, so that City Council will be the final reviewing body on all land use requests; and, WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Department recommended approval, with conditions, for the proposed land use requests for the St. Regis Hotel; and, WHEREAS, at its meeting on March 5, 2003, the City of Aspen /Pitkin County Housing Authority forwarded a recommendation of approval to City Council at its meeting to approve the proposed employee mitigation through an audit program; and, WHEREAS, the Planning and Zoning Commission forwarded a recommendation of approval via Resolution No. 10, Series of 2003, by a vote of three to two(3- 2), to City Council to approve a PUD Amendment, Growth Management Quota System Exemptions, Timeshare, and Subdivision; and, 44AR � � 2014 484489 Pegs: 2 of S SILVIA DAVIS PITKIN COUNTY CO R 25.00 0,25020.0030:A8A WHEREAS, the City of Aspen City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and WHEREAS, the City of Aspen City Council reviewed and considered the development proposal at a regular City Council meeting on June 9, 2003 and, by a vote of five to zero (5 - 0), approved this Ordinance (on Second Reading) for a PUD Amendment, GMQS Exemptions, Timeshare, and Subdivision; and WHEREAS, the City of Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health,safety,and welfare. NOW, THEREFORE BE IT RESOLVED BY THE ASPEN CITY COUNCIL THAT: Section 2: Pursuant to the procedures and standards set forth in Title 25 of the Aspen.Municipal Code, the Aspen City Council approves the PUD Amendment, GMQS Exemptions, Timeshare, and Subdivision,subject to the following conditions: 1. The building permit application shall include: a. A copy of the final Ordinance. b. The conditions of approval printed on the cover page of the building permit set. c. A traffic management plan that addresses issues such as construction worker parking and hauling routes. 2. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. b. All tap fees,impacts fees,and building permit fees shall be paid. c. A complete set of sprinkler and alarm plans shall be submitted to the Aspen Fire Marshal in order to determine if the fire sprinkler system and alarm system is adequate. d. The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed. All sanitation-related improvements below grade shall require the use of a pumping station. The conversion from Iodge units may result in additional tap fees due to the additional kitchens and other sources of wastewater. e. The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water CsRrat�d Plumbing Advisory Code) of the Aspen Municipal Code, as required by th ty of Aspen Water Department. Based on the sprinkler requirements of the Fire 484489 + + Pago: 3 of S 1 III II�II I 06/23/2003 10:46A SILVIA DAVIS PITKIN COUNTY CO R 26.00 D 0.00 Department, a new and larger water tap may be needed. An additional tap fee may be assessed due to the change in use. f. The applicant shall consult the Colorado Revised Statutes (CRS) to determine the required number of type A and type B units as it pertains to food/beverage service areas. American With Disabilities Act (ADA) Accessibility shall be provided to all timeshare units and to the juice bar and spa. A Temporary Certificate of Occupancy (TCO) may be issued subject to safety and Fire Department concerns being addressed to the satisfaction of the Fire Marshal and the Aspen Building Department. g. The applicant shall be subject to the soon to be adopted International Fire Code if adopted at time of building permit. The applicant shall submit a complete set of fire sprinkler and alarm plans to the Fire Department, Water Department and Sanitation District prior to sign-off of building permit. In addition,the applicant shall comply with new regulations requiring sprinkler heads that provide a larger flow that may impact the plumbing design, the size of the water tap, and water service fees. h. At the time of building permit, Environmental Health shall review the plans for the juice bar set-up and operations. 3. Per the Aspen Pitkin County Housing Authority Board approval of the application on March 5, 2003, the applicant shall conduct an audit, based on the standards of the previous audit (of Section B-4G of the I" Amended and Restated Subdivision Agreement, recorded in Book 574, Page 792 of the Pitkin County Clerk and Recorder), after one full fiscal year from the date of issuance of the certificate of occupancy for the proposed new spa facility, hotel rooms, timeshare units, and residence under the following terms: a. The Housing Office Operations Manager shall select and retain the auditor. b. The applicant shall be fully responsible for all fees associated with retaining an auditor. c. The audit shall occur after one full fiscal year of operation. 4. Should the housing audit show an increase in the number of employees over those mitigated for in the original PUD approval (331 employees, or 60% of 331 which equals 198.5 employees), the applicant shall return to the Housing Authority under the following terns: a. The applicant shall provide deed restricted, affordable housing for 60% of any additional employees of the new facilities. b. The applicant shall abide by the Aspen/Pitkin County Affordable Housing Guidelines in effect at the time of the audit. c. The term employee shall include all payroll and non-payroll employees generated by the application. MAN 2014 I III 484489 J I�� page: 4 of 5 l I I III III I III II III III II 1 II I III 08, II Z , I z00 SILVtA DpVIS PITKIN COUNTY CO 3 1 @.48A R za.e0 0 0.ee 5. Final Condominium Declarations shall be submitted to the City concurrent with the submission of the Condominium Subdivision Plat and shall include the following language regarding timeshare: a. Timeshare estates shall be made available for short-term rental when the estate is not in use by the owner of the unit, the owner's guests, or persons occupying the unit under an exchange program. Units that are available for rental shall be listed at competitive rates in a central reservation system. b. The covenants of the homeowners association shall permit walk-in rental of units. The association shall not limit rental of units to such arrangements as only weekly rentals or Saturday-to-Saturday rentals; instead the association shall permit shorter stays, split-week rentals,and similar flexible arrangements. c. Owners of timeshare estates shall be required to reserve their unit/time sufficiently far enough in advance to enable the public to obtain access to those units that are not so reserved. The term "sufficiently" shall be specifically defined, in terns of minimum number of days notice required. d. The owner of a timeshare estate shall not be permitted to occupy that estate for any period in excess of thirty(30)consecutive calendar days. e. The owner of a timeshare estate shall be prohibited from storing a vehicle in a parking space on-site when that owner is not using the estate. 6. The timeshare lodge units that remain in the developer's inventory shall be made available for rental to the public while the estates are being sold, except for models and other units that are needed for marketing or promotional purposes. 7. The Applicant shall pay the City of Aspen school land dedication fees for the additional residential unit. These fees shalt be due and payable at the time of issuance of a building permit for the development. 8. A PUD Agreement and Amended PUD Plan shall be recorded within 180 days of the final approval by City Council and shall include the information required to be included,in a PUD Agreement,pursuant to Section 26.445.070(C). 9. The applicant shall file a Notice of PUD in the Clerk and Recorders office of Pitkin County subsequent to receipt of a development order, or prior to issuance of a building permit. 10. With this approval, the applicant shall commit to having the St. Regis Hotel open for business year around. 11.The applicant shall pay a tax impact mitigation fee of$449,552 to the City of Aspen. The fee may be paid in quarterly installments, but the total amount shall be paid within twelve(12)months of the issuance of a building permit for the timeshare units. Section 2• ; • ?(114 494489 06/2: S 0f S 25/200 ��111I IIINIIIIII ++ 3 30.48ii SILVIA DAVIS PITKIN COUNTY CO R 26.00 0 0.00 All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3• This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5• A public hearing on this ordinances will be held the 27`h day of May 2003 at 5:00 p.m.in the City Council Chambers, 130 S. Galena,Aspen,Colorado. INTRODUCED,READ AND ORDERED PUBLISHED as provided by law, by the City �ocij gf*e City of Aspen on this 120 day of May,2003. K h, y CIerk -0- ld`ele *9'day ,Mayar FINALLY,ADOPTED,PASSED,AND APPROVE June,2003. I OF ,i ffy 7:�e Clerk Helen Ka 'n I eru Mayor 4 APP OVED AS TO FORM: orcestor, City Attorney VAR ?014 JiLN !VPA 514 RIGESJO I Jim Wilson of March 20 and March 21, 1985, respectively, copies r of which memoranda are attached as Schedule 5 and 6, respec- tively, to this First Amended PUD Agreement. For its part the City has issued a written acknowledgement of such fact, attached hereto as Schedule 7. 15. The following limits shall be placed on the construc- tion schedule in addition to those proposed by the Owner or required by the City Engineer: a. A "tennis" fence material shall be used to screen all staging areas on the site. b. All construction (except painting or similar "quiet" activities) shall be prohibited on the site between the hours of 10:00 p.m. and 7:00 a.m. C. Owner shall demonstrate to the City Engineering Department that permission has been obtained from qQr�IL_ It tadjacent owners for the booms on the tower cranes it R to swing over their properties. d. The Owner shall provide the City Engineer with an updated construction schedule prior to obtaining any s additional building permits for the Project. 16. The Owner shall commit to meeting the Health Depart- i ment requirements identified by Tom Dunlop in his memo regarding the Project dated February 18, 1988 and attached hereto as ) Exhibit I. 17. The accessory_retail uses permitted within the Hotel Phase I shall be limited to the following and similar uses: sundry shop; car rental desk; travel desk; ski rental and repair {l' 47 i t' •�, MA,', r l' POOR 574 pi%[839 !•------- stcsre; ski and sports activity center; hotel operator souvenir store; beauty shop; florist shop; and gift shop. The four accessory retail spaces depicted in the building on Durant Street shall not be combined to create larger retail spaces. 18. In order to maintain the employee generation repre- sented by Owner, there shall be no more than 204 dining seats and 4,500 sq. ft, of net (defined as 80% of gross) dining area, ! exclusive of lounge area and exclusive of seasonal outdoor dining, within the Hotel Phase I. 19. The Owner's commitment in the Initial PUD Agreement to participation in the Lodge Improvement District is hereby revised to a commitment to provide improvements on all project frontages I j which correspond to those planned for the South Galena/South Mill Improvement District. The Owner commits to construct those i it �,. � improvements adjacent to the hotel which were originally intended ' 1` i for construction by the district contractor, using funds which will be transferred from the district to the Owner. These ' improvements and the approximate scheduling for their installa- tion are more particularly described in Schedule 8, attached e hereto and made a part hereof by reference, and Owner agrees to complete such improvements to the reasonable satisfaction of the j City Engineer within the approximate time schedules indicated I therein. 1 I PERIODIC PROJECT REVIEWS 1 Owner agrees that every six (6) months following the date t of final City apprbval of this Project until the construction of , 48 AFAR C DISTRICT INTENTION PERMITTED USES CONDITIONAL USES 00° b b Lodge-One To encourage construction and ren- Lodge units;boarding houses;hotel; Restaurant;timesharing;satellite N P ovation of lodges in the areas ad- dining room, laundry and recrea- dish antennae. co L-1 jacent to the commercial core and tional facilities for guests only. to prevent the conversion of exist- ing lodges into long-term residences. Lodge-Two To encourage construction and ren- Lodge units;boarding houses;hotel; Restaurant;timesharing;satellite ovation of lodges in the area at dining room,laundry and recreation dish antennae. L-2 the base of Aspen Mountain and facilities for guests only; multi- to allow construction of tourist- family residences;single-family and oriented single-family,duplex and duplex residences. multi-family units. Z Cn A c - O Commercial To provide for the establishment. All street level uses same as CC; Timesharing;.satellite dish anten- C Lodge ofconmercial uses at street level lodge accommodations on second nae. -but requiring that all additional and other stories. CL stories be lodge accommodations. Academic To establish areas used for educa- Private school or university;teach- Boardinghouse and dormitory for tion and cultural activities with ing hospital;research facility and housing students and faculty;stu- A attendant research, housing and testing laboratory provided that dent health care facility; student administrative facilities.All devel- such facilities are enclosed and there and faculty dining hall; satellite opment is to proceed according to are no adverse noise or environ- dish antennae. a site plan approved pursuant to the mental effects;auditorium and other Aspen Land Use Regulations 11. Internal floor area ratio: 0. 75: 1, increasable to 1: 1; however, if the external floor area ratio is increased by Special Review pursuant to Art. 7, Div. 4, then sixty percent (60%) of the additional floor area must be approved for residential use restricted to affordable housing. E. Off-Street parkins requirement. The following off- street parking spaces shall be provided for each use in the Office (0) Zone District, subject to the provisions of Art. 5, Div. 3 . 1. All residential uses: 1 space/bedroom, fewer spaces may be provided by special review pursuant to Art. 7, Div. 4, for historic landmarks only. 2 . Lodge uses: N/A 3 . All other uses: 3 spaces/1, 000 sq. ft. of net, leasable area; fewer spaces may be provided via a payment in lieu pursuant to Art. 7, Div. 4 , but no fewer than 1. 5 spaces per 1, 000 square feet of net leasable area shall be provided on-site. Sec. 5-215. Lodge/Tourist Residential (L/TR). A. Purpose. The purpose of the Lodge/Tourist Residential (L/TR) Zone District is to encourage construction and renovation of lodges in the area at the base of Aspen Mountain and to allow construction of tourist-oriented detached, duplex and multi-family residential dwel- lings. B. Permitted uses. The following uses are permitted as of right in the Lodge/Tourist Residential (L/TR) Zone District. 1. Lodge units; 2 . Boardinghouse; 3 . Hotel; 4 . Multi-family dwellings; 5. Detached residential or duplex dwellings, only on lots of 6, 000 square feet or less; 6. Dining rooms, customary accessory commercial uses, laundry and recreational facilities located on the same site of and for guests of lodge units, boardinghouses, hotels and dwelling units; 7. Accessory residential dwellings restricted to affordable housing guidelines; and 8 . Accessory buildings and uses. 5-50 Revisions incorporated through August 14, 1989 26.710.190 Lodge (L). A. Purpose. The purpose of the Lodge (L) Zone District is to encourage construction, renovation and operation of lodges, tourist-oriented multi-family buildings through short term vacation rentals, high occupancy timeshare facilities and ancillary uses compatible with lodging to support and enhance the City's resort economy. The City encourages high- occupancy lodging development in this zone district. Therefore, certain dimensional incentives are provided in this zone district, as well as other development incentives in Chapter 26.470, Growth Management Quota System (GMQS). B. Permitted uses. The following uses are permitted as of right in the Lodge (L) Zone District: 1. Hotel or lodge. 2. Timeshare lodge. 3. Exempt timesharing. 4. Offices and activities accessory to timeshare unit sales(see Section 26.590). 5. Bed and breakfast. 6. Conference facilities. 7. Uses associated with outdoor recreation facilities and events. 8. Accessory uses and structures. (Food service for on-site lodge guests is an accessory use.) 9. Storage accessory to a permitted use. 10. Affordable multi-family housing accessory to a lodging or timeshare operation and for employees of the operation. 11. Free-market multi-family housing. 12. Home occupations. 13. Vacation rentals. Pursuant to Section 26.575.220 C. Conditional uses. The following uses are permitted as conditional uses in the Lodge (L) Zone District, subject to the standards and procedures established in Chapter 26.425: 1. Retail and restaurant uses. 2. Neighborhood commercial uses. ' 3. Service uses. 4. Arts, cultural and civic uses. 5. Public uses. City of Aspen Land Use Code Part 700, L zone Page 1 ALAN RICHMAN PLANNING SERVICES, INC. P.O. BOX 3613 ASPEN, COLORADO 81612 970-920-1125 April 16, 2014 Mr. Justin Barker, Planner City of Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 RE: SUPPLEMENT TO ST. REGIS HOTEL PUD AMENDMENT REGARDING ACCESSORY AND CONDITIONAL RETAIL USES Dear Justin, On March 12, 2014 1 submitted an application for a PUD Amendment on behalf of the St. Regis Hotel. The purpose of that amendment is to revise the language of the PUD Agreement for the property, to allow those retail uses which are listed today as conditional uses in the Lodge zone district to be conditional uses for the St. Regis Hotel. Since the application was submitted, staff has been reviewing our request and preparing its staff report to City Council on this application. As part of that review, you have asked that we provide a response to the recently-adopted review standards for "use variations" in the PUD section of the Land Use Code. You explained to me that while staff recognizes that the application does not require a variation from the uses allowed in the underlying zone district for this property, the application does request a use-based amendment to the PUD. Therefore, you have stated to me that it would be helpful to staff and City Council if we responded to these standards, particularly since the general standards for PUD Amendments provide so little guidance to the reviewer of this particular application. We are hereby providing these responses, with the stipulation that by doing so the applicant is NOT conceding that this application represents a request for a use variation. This application does not require a use variation since the applicant's request is to allow retail uses as a conditional use at the St. Regis. Retail uses have been listed as a conditional use in the Lodge zone district since 2005. Therefore, the purpose of these responses is solely to provide additional information to staff and City Council as they review and, we hope, approve this application for a PUD Amendment. The applicant's responses to the review standards follow below. Mr. Justin Barker April 16, 2014 Page Two Response to Standards for Use Variations Section 26.445.060 of the Code authorizes an applicant for a PUD to request variations in the allowed uses permitted in the zone district. It states that "The permitted and conditional uses allowed on the property shall be used as a guide, but not an absolute limitation, to the land uses which may be considered during the review". It requires the following standards to be considered when granting a use variation: A. The proposed use variation is compatible with the character of existing and planned land uses in the project and surrounding area. In meeting this standard, consideration shall be given to the existence of similar uses in the immediate vicinity, as well as how the proposed uses may enhance the project or immediate vicinity. Response: Section 17 of the original PUD Agreement, which is attached as Exhibit#7 to our original application, provides a list of "accessory retail uses" that are permitted in the St. Regis Hotel. The list includes a range of retail uses that commonly occur in full service hotels in resort communities and larger cities throughout the country. The list includes uses such as gift shop, sundry shop, souvenir shop, florist shop, beauty shop, ski rental and repair store, sports activity center and car rental desk. This list represented an effort by the City and the applicant in the 1980's to permit certain retail uses to occupy the small commercial spaces that were planned to be developed as part of the hotel. This list was necessary because at the time the underlying zoning of the property was Lodge Two (L-2). That zone did not list any retail uses as allowed or conditional uses (although it did list restaurant as a conditional use). In 2005 the City adopted amendments to what was then known as the Lodge/Tourist Residential Zone (L/TR), changing its name back to the Lodge (L) zone district. Among those amendments, "Retail and restaurant" was listed as a conditional use in this district. When it made retail and restaurant a conditional use in this zone, the City was making a finding that this use may be compatible with the character of the Lodge district, but that a case-by-case review by P&Z of any proposal to establish this use in this zone was needed before the use could actually be established. The applicant believes that amending the PUD Agreement in the manner proposed would be compatible with the character of the Hotel and the surrounding neighborhood. Retail uses have operated in the Hotel since its construction. Today the retail uses on site include Aspen Sports (located along Durant Avenue), a gift/sundry shop and a sports activity center (fishing and similar activities), the latter two of which are located within the lobby of the Hotel. There is a second retail space along Durant Avenue that has been empty for some time. This retail space is directly across from Wagner Park, in a prominent area of tourist activity. Having an empty storefront in this location limits the vitality of this area and is not of benefit to the Hotel, the City or the neighborhood. Mr. Justin Barker April 16, 2014 Page Three The proposed amendment to the PUD Agreement would provide better options for keeping the Hotel's commercial spaces filled with retail uses by allowing those spaces to be occupied by a wider range of uses than is presently allowed by the PUD Agreement. If a new retail use is proposed that it is on the accessory retail use list, it would be allowed by right. If the proposed new use were not on the list it would be subject to conditional use review. This will ensure that only uses which are compatible with the character of the Hotel and the neighborhood are allowed to locate in the Hotel. Having retail uses in the Hotel provides a service to Hotel guests and other Aspen visitors, generating tax revenue for the City and creating a more lively environment in the center of Aspen's tourist district. B. The proposed use variation is effectively incorporated into the project's overall mix of uses. In meeting this standard, consideration shall be given to how the proposed uses within a project will interact and support one another. Response: There are only a very limited number of spaces dedicated to commercial use within the Hotel. As explained above, there are two small spaces within the Hotel lobby that offer traditional accessory commercial services for Hotel guests. These small shops generally do not attract customers from outside of the Hotel and fit within the definition of accessory retail uses. For this reason, the applicant wants to retain the language in the PUD Agreement that allows such uses by right, since accessory retail uses do not cause additional impacts on the neighborhood and offer an essential service to Hotel guests. The two commercial spaces along Durant Avenue have a somewhat different character than the spaces within the Hotel lobby. Their entry doors front on Durant Avenue and the shops are visible from outside the Hotel. So while the shops clearly provide a service to Hotel guests, they can also attract customers who pass by along Durant and see these shops. We would anticipate that the proposed PUD Amendment would have the greatest benefit for these spaces. The amendment will allow the spaces to be occupied by other retail uses (for example, a jewelry shop or a clothing store) that would clearly provide a service to Hotel guests and compliment the mix of uses already present in the Hotel, which already includes not only the retail uses listed above, but also restaurants and a spa. These new retail uses would also compliment the uses in the surrounding area, which includes hotels, restaurants, the Ice Rink and the nearby shops along Durant Avenue. C. The location, size, design, and operating characteristics of the proposed use variation minimize adverse effects on the neighborhood and surrounding properties. Response: As noted above, the spaces within the Hotel lobby are small and hidden from public view, making them best suited for uses that serve primarily Hotel guests. The spaces along Durant Avenue more naturally can attract some customers from the general tourist population, although these spaces are also expected to serve Hotel guests, creating minimal impacts on the neighborhood. Mr. Justin Barker April 16, 2014 Page Four It is also important to note that since any new retail use proposed for the Hotel will require conditional use review, the City and neighbors will have the opportunity to review each such proposal and to impose appropriate conditions to ensure the use minimizes its impacts on the neighborhood and surrounding properties. D. The proposed use variation complies with applicable adopted regulatory plans. Response: When the City amended the underlying zone district in 2005, the adopting Ordinance found that the amendments, including the proposal to allow retail and restaurant uses as conditional uses in the Lodge zone district, complied with the Aspen Area Community Plan. Therefore, allowing these uses as conditional uses at the St. Regis Hotel, which is located in the Lodge zone district, is similarly in compliance with the AACP. Conclusion The above responses provide the supplemental information you have requested to process this application. These responses demonstrate that the application complies with all applicable provisions of the Aspen Land Use Code. Please do not hesitate to contact me if you need anything else during the review process. Very truly yours, ALAN RICHMAN PLANNING SERVICES, INC. Alan Richman, AICP 7 3 MAY 20 MILLER DON 25% 731.S MILL ST#1 B ASPEN, CO 81611 NIXIE 802 4E 1009 5606/13/�� I RETURN TO SENDER NO MAIL RECEPTACLE UNABLE TO FORWARD Cb BC: 82611t1pp 9023Pa }} i *2079-10423-23-41 S135 ikYZ 11111 J3ii[fili Hill tIIAp �. _ �. ...,.. .,.�.. ..__._ 4 f.... ..rM3y •.3;s FM: 'c•4 ti ti_ _s,a:.a,w.¢.,�+. 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County of Pitkin ) I, 7 ' la—m; I m 4 i n (name, please print) being or representing a Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E,) of the Aspen Land Use Code in the following manner: V Publication of 7aotice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, wluch form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15) days prior to the public hearing on the_ day of ) 20 , to and including the date and time of the public hearing. A photograph of the posted notice (sig-n) is attached hereto. Maili7?g of 710tice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and 1011er77772e1tal agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach swn7na7y, including the method of public notification a7ld a copy of alzy docu7ne77tatiO71 that was presented to the public is attached hereto. (continued on next page) mailing of notice return receipt Mua.eral Estate Owner Notice. By the certified m g > requested, to affected mineral estate owners by at least thirty(3 0) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text anzendinent. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. S The for oing"Affidavit of Notice" was ackno lfIldged.before me this day of 20�,by PUBLIC NOTICE —S>�TL,SS 'MY HAND AND OFFICIAL SEAL RE:ST.REGIS ELOPMENT AMENDMENT NOTICE PLANNED DE- YY 111�LJ } NOTICE IS HEREBY GIVEN that a public hearing 1 ^. will be held on Monday,June 9,2014,at a meet- T dnPubli begin at 5:00 p.m..before the Aspen City M il,Council Chambers,City Hall,130 S.Gale- na St.,Aspen,to consider an application submitted 81611),forr the p opelrty locat d at 315�E.Dean St.(commonly known as the St.Regis Hotel),repre- sented by Alan Richman Planning Services.The No applicant is requesting a Minor Amendment to their 1 V Planned Development(PD)to amend a condition pertaining to allowable uses within the hotel retail spaces.The property is legally described as Hotel Club unit and Ho eC Unit,Aspen Parcel ommercial 2737-182-85-33�dFor further information,contact Justin Barker at the City of As- CHRISTOPHER ion ER LUNDGREN As- pen Community Development Department,130 S. NOTARY PUBLIC Galena St., Aspen, CO, (970) 429.2797, STATE OF COLORADO ;ustln.barker @cityotaspen.com. VIENTS AS APPLICABLE: �StevwSkadron Mayor NOTARY ID 20144000722 pen City Counc Il -ON� As(10203263) L� (� COMMISSION EXPIRES JAN.09,2018 Published in the Aspen Times on May 22,2014. 0 'OSTED NOTICE (SIGN) l 1J'1 ur ltiE UWN,k fCJ A1VD GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ES TAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 3\S f,A-S i (It-- Y ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: 01 20.01 K STATE OF COLORADO ) ss. County of Pitkin ) 1, i\ •,, (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. ✓ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15) days prior to the public hearing on the day of 2017 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. ✓ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. ALA Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested,to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAS or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. 0 Signature The foregoing "Affidavit of Notice"was acknowledg,e�,1before me this ` day of nQ , 20 14-1, by 01 C I r) V, WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Z C)I- BONNIE L.SHILES NOTARY PUBLIC ��, , S STATE OF COLORADO �- NOTARY iD 20054038739 W(4� a socTC x30,2017 Notary Public ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE(SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. X24-65.5-103.3 PUBLIC NOTICE RE: ST. REGIS HOTEL—MINOR PLANNED DEVELOPMENT AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, June 9, 2014, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the St. Regis Hotel (315 E. Dean St., Aspen, CO 81611), for the property located at 315 E. Dean St. (commonly known as the St. Regis Hotel), represented by Alan Richman Planning Services. The applicant is requesting a Minor Amendment to their Planned Development (PD) to amend a condition pertaining to allowable uses within the hotel retail spaces. The property is legally described as Hotel Unit and Commercial Unit, Aspen Residence Club and Hotel, Parcel ID 2737-182-85-033. For further information, contact Justin Barker at the City of Aspen Community Development Department, 130 S. Galena St.,Aspen, CO, (970)429.2797,justin.barker @cityofaspen.com. s/Steven Skadron,Mayor Aspen City Council Published in the Aspen Times on May 22, 2014 City of Aspen Account asy Peel'Labels i ♦ Bend along line to Q AVERY® 5160® Feed Paper expose Pop-up Edge T11 se Avery®Template 51600 j 05 EAST DEAN ASSOC INC 5 SPOKES PARTNERSHIP LP 5C GALENA LLC 150 E 58TH ST 351 RANDALL WY 738 S GALENA ST#5C 14TH FLR OAKLAND, MD 215506965 ASPEN, CO 81611 qEW YORK, NY 10155 0 S MILL LLC 911 SOUTH MILL ST LLC ABRAHAMSON ERIK G 75% 30 30 00 CHEROKEE#407 C/O FRIAS PROP TOMC ARBUTINE MARY JANE 25% DENVER, O EE#4 730 E DURANT 2639 MC CORMICK DR ASPEN, CO 81611 CLEARWATER, FL 33759 AGLEY ALISON FOTO AHEARN GRANT KEVIN ALYEMENI ALICE PO BOX 7911 420 36TH ST 400 E MAIN ST#2 ASPEN, CO 81612 MANHATTAN BEACH, CA 90266 - - - ASPEN, CO 816t1 - ANDERSON ANGUS A ANDERSON BRUCE J APRIL FAMILY TRUST 277 WILLITS LN 700 S MONARCH#207 3501 S 154TH ST BASALT, CO 81621 ASPEN, CO 81611-1854 WICHITA, KS 67232-9426 ARGUETA 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ASPEN, CO 81611 PALM BEACH, FL 33480 WOLPERT BILL H&WOLPERT JUDE WOODSON TATJANA REV TRUST WWSP3G LLC 2280 KOHLER DR PO BOX 1845 PO BOX 4290 BOULDER, CO 80305 WILSON,WY 83014 ASPEN, CO 81612 ZEFF CAPITAL LP ZUCKER HOWARD B 555 E DURANT AVE 303 E 17TH AVE#340 ASPEN, CO 81611 DENVER, CO 802031255 r ®09L5 pAZJAy wla6p3 do-dod asodxa �� jaded paaj ®0915 aleldwal®tianV as8 01 Bull 6uole PUBS V I Slam—198,4 ASea P f c.� A: 3 �4. ate Monday, June 9 , 2014 Tik 5:00 ` Couln,")l C-ha-Im"b"ers-11 i all , 130 S. Galen- St Purposes s Appl.lcant . Regjs Hotel 315 E, Dean St. � As CO 81611 ,requests Minor =�,rnendn their Planned Development t amend C-c)ndItiorli pertaining to allowable uses within the retail sp,aces for this cc'jrJ,--'IcA aspen Planning Dept. ALAN RICHMAN PLANNING SERVICES, INC. P.O. BOX 3613 ASPEN, COLORADO 81612 970-920-1125 April 16, 2014 Mr. Justin Barker, Planner City of Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 RE: SUPPLEMENT TO ST. REGIS HOTEL PUD AMENDMENT REGARDING ACCESSORY AND CONDITIONAL RETAIL USES Dear Justin, On March 12, 2014 1 submitted an application for a PUD Amendment on behalf of the St. Regis Hotel. The purpose of that amendment is to revise the language of the PUD Agreement for the property, to allow those retail uses which are listed today as conditional uses in the Lodge zone district to be conditional uses for the St. Regis Hotel. Since the application was submitted, staff has been reviewing our request and preparing its staff report to City Council on this application. As part of that review, you have asked that we provide a response to the recently-adopted review standards for "use variations" in the PUD section of the Land Use Code. You explained to me that while staff recognizes that the application does not require a variation from the uses allowed in the underlying zone district for this property, the application does request a use-based amendment to the PUD. Therefore, you have stated to me that it would be helpful to staff and City Council if we responded to these standards, particularly since the general standards for PUD Amendments provide so little guidance to the reviewer of this particular application. We are hereby providing these responses, with the stipulation that by doing so the applicant is NOT conceding that this application represents a request for a use variation. This application does not require a use variation since the applicant's request is to allow retail uses as a conditional use at the St. Regis. Retail uses have been listed as a conditional use in the Lodge zone district since 2005. Therefore, the purpose of these responses is solely to provide additional information to staff and City Council as they review and, we hope, approve this application for a PUD Amendment. mm M go The applicant's responses to the review standards follow below. t:C t:I 1V E D APR 16 2014 CITY OF ASPEN C(""Ty DMLMK41 1 Mr. Justin Barker April 16, 2014 Page Two Response to Standards for Use Variations Section 26.445.060 of the Code authorizes an applicant for a PUD to request variations in the allowed uses permitted in the zone district. It states that "The permitted and conditional uses allowed on the property shall be used as a guide, but not an absolute limitation, to the land uses which may be considered during the review". It requires the following standards to be considered when granting a use variation: A. The proposed use variation is compatible with the character of existing and planned land uses in the project and surrounding area. In meeting this standard, consideration shall be given to the existence of similar uses in the immediate vicinity, as well as how the proposed uses may enhance the project or immediate vicinity. Response: Section 17 of the original PUD Agreement, which is attached as Exhibit#7 to our original application, provides a list of "accessory retail uses" that are permitted in the St. Regis Hotel. The list includes a range of retail uses that commonly occur in full service hotels in resort communities and larger cities throughout the country. The list includes uses such as gift shop, sundry shop, souvenir shop, florist shop, beauty shop, ski rental and repair store, sports activity center and car rental desk. This list represented an effort by the City and the applicant in the 1980's to permit certain retail uses to occupy the small commercial spaces that were planned to be developed as part of the hotel. This list was necessary because at the time the underlying zoning of the property was Lodge Two (L-2). That zone did not list any retail uses as allowed or conditional uses (although it did list restaurant as a conditional use). In 2005 the City adopted amendments to what was then known as the Lodge/Tourist Residential Zone (L/TR), changing its name back to the Lodge (L) zone district. Among those amendments, "Retail and restaurant" was listed as a conditional use in this district. When it made retail and restaurant a conditional use in this zone, the City was making a finding that this use may be compatible with the character of the Lodge district, but that a case-by-case review by P&Z of any proposal to establish this use in this zone was needed before the use could actually be established. The applicant believes that amending the PUD Agreement in the manner proposed would be compatible with the character of the Hotel and the surrounding neighborhood. Retail uses have operated in the Hotel since its construction. Today the retail uses on site include Aspen Sports (located along Durant Avenue), a gift/sundry shop and a sports activity center (fishing and similar activities), the latter two of which are located within the lobby of the Hotel. There is a second retail space along Durant Avenue that has been empty for some time. This retail space is directly across from Wagner Park, in a prominent area of tourist activity. Having an empty storefront in this location limits the vitality of this area and is not of benefit to the Hotel, the City or the neighborhood. Mr. Justin Barker April 16, 2014 Page Three The proposed amendment to the PUD Agreement would provide better options for keeping the Hotel's commercial spaces filled with retail uses by allowing those spaces to be occupied by a wider range of uses than is presently allowed by the PUD Agreement. If a new retail use is proposed that it is on the accessory retail use list, it would be allowed by right. If the proposed new use were not on the list it would be subject to conditional use review. This will ensure that only uses which are compatible with the character of the Hotel and the neighborhood are allowed to locate in the Hotel. Having retail uses in the Hotel provides a service to Hotel guests and other Aspen visitors, generating tax revenue for the City and creating a more lively environment in the center of Aspen's tourist district. B. The proposed use variation is effectively incorporated into the project's overall mix of uses. In meeting this standard, consideration shag be given to how the proposed uses within a project will interact and support one another. Response: There are only a very limited number of spaces dedicated to commercial use within the Hotel. As explained above, there are two small spaces within the Hotel lobby that offer traditional accessory commercial services for Hotel guests. These small shops generally do not attract customers from outside of the Hotel and fit within the definition of accessory retail uses. For this reason, the applicant wants to retain the language in the PUD Agreement that allows such uses by right, since accessory retail uses do not cause additional impacts on the neighborhood and offer an essential service to Hotel guests. The two commercial spaces along Durant Avenue have a somewhat different character than the spaces within the Hotel lobby. Their entry doors front on Durant Avenue and the shops are visible from outside the Hotel. So while the shops clearly provide a service to Hotel guests, they can also attract customers who pass by along Durant and see these shops. We would anticipate that the proposed PUD Amendment would have the greatest benefit for these spaces. The amendment will allow the spaces to be occupied by other retail uses (for example, a jewelry shop or a clothing store) that would clearly provide a service to Hotel guests and compliment the mix of uses already present in the Hotel, which already includes not only the retail uses listed above, but also restaurants and a spa. These new retail uses would also compliment the uses in the surrounding area, which includes hotels, restaurants, the Ice Rink and the nearby shops along Durant Avenue. C. The location, size, design, and operating characteristics of the proposed use variation minimize adverse effects on the neighborhood and surrounding properties. Response: As noted above, the spaces within the Hotel lobby are small and hidden from public view, making them best suited for uses that serve primarily Hotel guests. The spaces along Durant Avenue more naturally can attract some customers from the general tourist population, although these spaces are also expected to serve Hotel guests, creating minimal impacts on the neighborhood. A Mr. Justin Barker April 16, 2014 Page Four It is also important to note that since any new retail use proposed for the Hotel will require conditional use review, the City and neighbors will have the opportunity to review each such proposal and to impose appropriate conditions to ensure the use minimizes its impacts on the neighborhood and surrounding properties. D. The proposed use variation complies with applicable adopted regulatory plans. Response: When the City amended the underlying zone district in 2005, the adopting Ordinance found that the amendments, including the proposal to allow retail and restaurant uses as conditional uses in the Lodge zone district, complied with the Aspen Area Community Plan. Therefore, allowing these uses as conditional uses at the St. Regis Hotel, which is located in the Lodge zone district, is similarly in compliance with the AACP. Conclusion The above responses provide the supplemental information you have requested to process this application. These responses demonstrate that the application complies with all applicable provisions of the Aspen Land Use Code. Please do not hesitate to contact me if you need anything else during the review process. Very truly yours, ALAN RICHMAN PLANNING SERVICES, INC. *-W "- Alan Richman, AICP COMMUNiTy DEVELOPMENT DEPARTMENT Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be §jgagLby the property owner or Attomey representing the property owner. Name: 315 East Dean Associates, Inc Property Owner("I"); Email: joethocknell@gmaii-com Phone No.: 970,948.9354 ----------------------------- ............... Address of 315 East Dean St., Aspen, C081611 Property: (subject of application) I certify as follows: (pick one) ❑ This property is not subject to a homeowners association or other form of private covenant. This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. Evidence of approval is attached. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: date March 28, 2014 Owner printed name: Dr. Tanasak Wahawisan lEalvIEW or, ML' I 1 20'4 Attorney signature: date: 00"Y 01 ASPEN VF Attorney printed name: October,2013 City of Aspen 1 130 S,Galena St. 1 (970)920-5090 315 East Dean Associates, Inc 150 East 581'Street,22—Floor,New York New York 10 155 lei:212-755-3333 March 24, 2014 Mr. Justin Barker, Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: LETTER OF AUTHORIZATION FOR LAND USE APPLICATION FOR 315 EAST DEAN STREET Dear Mr. Barker, I am the owner of the Hotel Unit and Commercial Unit located at 315 East Dean Street in Aspen, commonly known as the St. Regis Aspen Resort. I hereby authorize Alan Richman Planning Services, Inc. and Mr. Joel Hocknell, Director of Development Services, to submit a land use application to amend the PUD for the subject property. Mr. Richman and Mr. Hocknell are authorized to submit said application on my behalf and to represent me in meetings with City of Aspen staff and the City's review bodies concerning said application. Should you have any need to contact me during the course of your review of this application please do so through Mr. Richman or Mr. Hocknell. Sincerely, . �� R E C E I VE D MAR 2 5 2014 Dr. Tanasak Wahawisan President CITY OF ASPEN 315 East Dean Associates, Inc. 315 East Dean Street, Aspen CO 81611 970-948-9354 C 6 14V­E D ')')4,4 t. P i Y OF A P tE N ''y ASPEN OFFICE qure GA FIELD HECHT, P.C. 601 East Fryman Avenue Aspen,Colorado 81611 ATTORNEYS AT LAW Telephone(970)925-1936 Facsimile(970)925-3008 Since 1975 www,gartieldhechtcom March 20,2014 VIA EMAIL Chris LuCror_x 315 East Dean Associates, Inc. Aspen Office c/o St. Regis Aspen Resort clmero x{r.%rctrfie%iltecht.cont 315 East Dean Street Aspen, Colorado, 81611 Attiv Mr. Joel Hocknell, Director of Project Development Email ic� (hoc_l >�ell'u�*mail.co��� RE: OWNERSHIP OF ST.REGIS ASPEN Dear Mr. I-locknell: Alan Richman asked me to write to you because I understand that you need a letter fi-om a Colorado lawyer to confirm ownership of certain real property in Pitkin County, Colorado known as the "St. Regis Aspen"which is located at 315 East Dean Street in Aspen, Colorado 8161 l. Please accept this letter to confirm that according my research of the real estate records of Pitkin County, Colorado, 315 East Dean Associates, Inc., a Delaware corporation, is the owner of the real property described as follows: I lotel Unit and Colnmcreial Unit. Aspen Residence Club and Hotel Condominium Map According to the Plat recorded January 21, 2005 in Plat Book 71 at Page 86 as Reception No., 506237 and as defined and described in the Declaration and Plan of Club Ownership for Aspen Residence Club and hotel CondominiUun recorded January 21, 2005 as Reception No. 506236. County of Pitkin, State of Colorado. Please contact me with any questions. Sincerely, GARFIT . & HF.,CHT, P.C. ,p, By: ? Chris LaC lx ``` Copy viaa email to: Simon H. Prisk, Esq. RECEIVED Alan Richman MAR 2 0 2014 CITY OF ASPEN COMMUNITY DEVELOPMENT Printed on recycled paper Aspen « Avon • Basalt • Glenwood Springs • Rifle Jennifer Phelan From: Jennifer Phelan Sent: Wednesday, March 19, 2014 2:46 PM To: 'Alan Richman' Subject: St. Regis Application Attachments: HOA Policy LAND USE.docx Hi Alan: I looked over the St Regis application and need some additional information due to some changes to the land use code. 1)The ownership disclosure letter from Chris Lacroix should be updated as we do not accept letters older than 6 months from the submission date. 2) An application can be submitted by"a person or persons who represents they have legal authority to affect title to the property subject to the development application." So we will need verification that Mr. Hocknell has proper authority to issue a letter of authorization. 3)The hotel is part of a condominium form of ownership and the attached affidavit should be completed and submitted back to the city. Otherwise,the application looks fine.Justin will be the case planner. You asked to have first reading on 4/28 and second reading 6/9. That will work but Chris or I will cover first reading for Justin since he will be at the national conference. Just get the three items to us prior to first reading, preferably by 4/7. Thanks,Jen Jennifer Phelan,AICP Deputy Planning Director Community Development Department City of Aspen 130 S. Galena St. Aspen, CO 81611 970-429-2759 www.aspenpitkin.com Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future,and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. 1 LAND USE APPLICATION APPLICANT: Name: Location: (Indicate street address, lot&block number, legal description where appropriate) Parcel ID#(REQUIRED) REPRESENTATIVE: Name: Address: Q`� &.0Y 3 to\ t-&. $fib t I. Phone#: 4'r- cc-Lo tits PROJECT: 1 Name: S� . Qe,��d �Ae'\ Q fl Aw.e,gyp w. Address: Qt^-, 5-y'J 4.5ee- ��b Phone #: 0.'t 0 - ok "r' -a�s j y TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review ® Final PUD(&PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA(&SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA-8040 Greenline, Stream ❑ Subdivision Exemption(includes ❑ Small Lodge Conversion/ Margin,Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use ❑ Other: ❑ Lot Line Adjustment ❑ Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings,uses,previous a 1� . . IYit, f 9Y8 g�� PROPOSAL: (description of proposed buildings,uses,modifications, etc.) t°'l V Y (,W A61j1:F4 "V� Have you attached the following? FEES DUE: S '-k 37S-,z [�] Pre-Application Conference Summary [� Attachment#1, Signed Fee Agreement A 1 A ❑ Response to Attachment#3,Dimensional Requirements Form Q Response to Attachment#4, Submittal Requirements-Including Written Responses to Review Standards Rom# 3 s �t3 COMMUNITY DEVELOPMENT DEPARTMENT Agreement to Pay Application Fees Anagreement between the City of Aspen ("City")and Property 315 East Dean Street Associates Phone No.:970-948-9354 Owner("I"): Email:joelhocknell @gmail.com Address of 315 East Dean Street Billing same as mailing address Property: Aspen CO 81611 Address: (subject of p (send bills here) application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $,0 flat fee for Select Dept $0 flat fee for Select Dept $0 flat fee for Select Dept $ 0 flat fee for Select Review For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. agree to pay the following initial deposit amounts for the specified hours of sta time. I understand that payment of a deposit does not render an application complete or compliant with appr I corded costs exceed the initial deposit, I agree to pay additional monthly billings to th City for the processing of my application at the hourly rates hereinafter stated. Mti 1 $4,550 14 deposit for hours of Community Development Department staff t mOR"d-ditional time above the deposit amount will be billed at$325 per hour. CITE $ deposit for hours of Engineering Department staff t me Al�ditibrOMPA the deposit amount will be billed at$265 per hour. City of Aspen: Prope Ae Chris Bendon Zzioel Ho Hell Community Development Director Name: City use` 4550 Title: Director of Development Services Fees Due:$ Received:$ 2013 City of Aspen 1130 ' 1)920-5090 ALAN RICHMAN PLANNING SERVICES, INC. P.O. BOX 3613 ASPEN, COLORADO 81612 970-920-1125 March 12, 2014 Mr. Justin Barker, Planner City of Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 RE: ST. REGIS HOTEL PUD AMENDMENT REGARDING ACCESSORY AND CONDITIONAL RETAIL USES Dear Justin, This is an application to amend the Planned Unit Development (PUD) that applies to Lot 1 of the Aspen Mountain PUD/Subdivision, on which the St. Regis Hotel is located. The property's street address is 315 East Dean Street and its Parcel ID # is 273718285033. The purpose of the PUD amendment is revise the language of Section 17 of the 1988 PUD Agreement for the property, which addresses the accessory retail uses that are permitted within the Hotel. A vicinity map showing the location of the subject property is attached to this application letter. The St. Regis Hotel is owned by 315 E. Dean Street Associates, Inc. (hereinafter, "the applicant"). Proof of the ownership of the subject property is provided in the form of a letter from Mr. Chris LaCroix, an attorney licensed to practice in Colorado, certifying as to the ownership of the property (see Exhibit#1). The applicant has designated Alan Richman Planning Services, Inc. as its representative for purposes of this application (see the letter attached hereto a it#2). Several pre-application discussions were held between the applica > ff of the Community Development Department prior to submission of this pliraji n. A copy of the pre-application form staff provided to the applicant is atta d heret6`� s Exhibit #3. According to the form, the applicant has been directed to r cf o ing section of the Land Use Code: 26.445.100.D: Minor Amendment to a Project Review Approval. Mr. Justin Barker March 12, 2014 Page Two The following sections of this application are organized to demonstrate how the proposal complies with the applicable review standards of the Aspen Land Use Code. First however, some background information is presented describing the history of the prior land use approvals granted to the property and providing a summary of existing conditions at the hotel. Background Information The St. Regis Hotel (legally described as the Aspen Residence Club and Hotel) is located on Lot 1 of the Aspen Mountain Subdivision/PUD. Lot 1 consists of approximately 3 acres of land (+/- 128,941 sq. ft.) that is centrally located at the base of Aspen Mountain. The property is zoned Lodge and has a PUD overlay applied to it. The Aspen Mountain Subdivision/PUD was originally approved by the City of Aspen in 1985. The PUD/Subdivision Plat documenting this approval is recorded in Plat Book 17 @ Page 99 of the Pitkin County Records. The original PUD Agreement is recorded in Book 500 @ Page 656. The first significant amendment to the PUD/Subdivision was approved by the City Council in 1988. The amended PUD/Subdivision Plat was recorded in Plat Book 21 @ Page 35 and the amended PUD Agreement is recorded in Book 574 @ Page 792. Several other amendments were approved by the City in later years. Construction of the Hotel (originally known as the Ritz Carlton) was completed in 1992. The property changed in ownership in 1998 and the Hotel was re-branded as the St. Regis Hotel. In 2003, the then owner of the property obtained approval for a land use application to convert 98 of the then existing 257 hotel rooms into 25 timeshare units. Approval was also given to modify the 22 approved but at that time un-built hotel rooms in Building C into 20 hotel rooms and to convert a portion of the space on the Ballroom Level into a spa. Approval for these activities was granted pursuant to City Council Ordinance No. 25, Series of 2003 (see Exhibit #4). The amended PUD/Subdivision Plat documenting this approval was recorded in Plat Book 68 @ Page 42 of the Pitkin County records. The Residence Club and Hotel currently consists of 179 hotel rooms (257 — 98 + 20 = 179), along with the 25 timeshare units. The timeshare lodge units are located in their own wing of the hotel. The property also contains a variety of accessory uses, including the conference/meeting space and ballrooms, the spa, several dining areas and bars, including the Chef's Club Restaurant, and four retail spaces. Two of the retail spaces are located inside of the hotel lobby area, these being a gift shop/sundry shop and an outfitter/guide (fishing, etc.) type of activity shop. The other two spaces are in the building along Durant Avenue. One of these spaces is occupied by Aspen Sorts while the second space is currently empty. R C Ell '. MAR 12 ?014 Aat� . Mr. Justin Barker March 12, 2014 Page Three PUD Amendment The applicant is requesting a single change to the approved PUD for Lot 1 of the Aspen Mountain Subdivision/PUD. The applicant requests that Section #17 of the amended PUD Agreement (see Exhibit#5) for the Hotel be revised. This section reads as follows: "17. The accessory retail uses permitted within the Hotel Phase 1 shall be limited to the following and similar uses: Sundry shop; Car rental desk; Travel desk; Ski rental and repair store, Ski and sports activity center, Hotel operator souvenir store; Beauty shop; Florist shop; and Gift shop. The four accessory retail spaces depicted in the building on Durant Street shall not be combined to create larger retail spaces." The reason that this section was included within the PUD Agreement is relatively easy to explain. When the Aspen Mountain PUD was originally being processed the underlying zoning of the property was known as the Lodge Two (L-2) zone district. Attached as Exhibit#6 is a list of the permitted uses in the L-2 zone district. You can see that this was a very basic use list, allowing restaurants as a conditional use, with no other commercial uses allowed. Instead, commercial uses were allowed in the Commercial Lodge (CL) zone district. Therefore, as part of the original hotel application, the applicant sought a rezoning of a portion of the project to CL and sought an allocation of commercial square footage for the hotel through the Commercial GMQS. That portion of the application was not well received by the City at that time and was ultimately withdrawn. After the original approval of the hotel in 1985 the project changed hands and a PUD Amendment was processed. An amended PUD was ultimately adopted by the City and a revised PUD Agreement was recorded in Book 574 @ Page 792 of the Pitkin County Records. It is that PUD Agreement that is the subject of this PUD Amendment application. During the time the amended PUD was being processed, the City.was engaged in the process of comprehensively revising its zoning and subdivision re g unified Land Use Code. That Code was adopted in mid-1988. Attached as AM y of the permitted and conditional use district for the L/TR zone district frorq, h Go de. L ?014 Mr. Justin Barker March 12, 2014 Page Four The L/TR zone district was created when the City merged the L-1 and L-2 zone districts into a new zone district as part of the new unified Land Use Code. You can see that the Code as that time listed the following as a permitted use: 6. "Dining rooms, customary accessory commercial uses, laundry and recreational facilities located on the same site of and for guests of lodge units, boardinghouses, hotels and dwelling units." The purpose of Section 17 of the 1988 PUD Agreement was to provide some specificity as to what the applicant and the City had agreed were the "customary accessory commercial uses" that would be allowed in the retail spaces that were to be included in the Hotel. Since that time the retail spaces in the Hotel have been limited to these uses only. In 2005 the City adopted substantial amendments to the L/TR zone district and renamed that district the Lodge (L) zone district. Among the changes made, the permitted and conditional use list for the district was changed in a significant manner. Attached as Exhibit #8 is a copy of the current use list for the Lodge zone district. You can see that permitted use #8 refers to "Accessory uses and structures" and specifically allows food service for guests" as an accessory use. No further specificity is provided for this use. However, under conditional uses, the zone district now allows "Retail and restaurant uses" as a conditional use. While restaurant was listed as a conditional use in the L-2 and L/TR zone districts, having retail as a conditional use in the zone district is a change that has only been codified since 2005. Proposed PUD Amendment The St. Regis would like to have the opportunity to occupy its retail spaces with the full range of retail uses, as is now permitted of any other property in the Lodge zone district. They recognize that any new retail use would need to receive conditional use approval to occupy the retail spaces. To accomplish this objective, the applicant proposes to amend Section #17 of the PUD Agreement. The applicant proposes a hybrid approach to this amendment. Since the Code continues to allow accessory uses, the applicant would like to retain the definition from the current agreement as to what are considered to be accessory retail uses, which would continue to be permitted by right in the hotel. Any commercial use not on the list or which is found to not be similar to use on the list would be considered to be a "conditional retail use" that would require conditional use review and approval from the Planning and Zoning Commission before it could occupy a retail space in the Ho' Following is the language which the applicant proposes for the reply gTr nt of Section 17 (new language is underlined): xll JF 'iis Mr. Justin Barker March 12, 2014 Page Five "A. The accessory retail uses permitted within the Hotel Phase l shall be limited to the following and similar uses: Sundry shop; Car rental desk; Travel desk; Ski rental and repair store; Ski and sports activity center, Hotel operator souvenir store; Beauty shop; Florist shop; and Gift shop. B. Any retail use that is not on this list or that the City's Community Development Director determines is not similar to any of the uses on this list shall be considered to be a "conditional retail use". Conditional retail uses shall only be permitted to occupy the retail spaces in the Hotel if they shall first receive conditional use approval from the City of Aspen. C. The two accessory retail spaces located in the building on Durant Street shall not be combined to create larger retail spaces." This proposal adds a new sub-section B to Section 17, to specify how the new retail uses (a/k/a, "conditional retail uses") will be allowed via conditional use review. Please also note that two words are proposed to be amended in Section C., to reflect the fact that for many years there have been two, not four retail spaces in the building on Durant Street. There are at least two reasons that we believe the City should support this amendment. First of all, the purpose of the City's PUD regulations is to provide flexibility to applicants to create projects that are more consistent with public policy objectives than can typically be achieved through standard zoning. In this case, due to the age of the Aspen Mountain PUD (more than 25 years), the use provisions of the Aspen Mountain PUD are not creating any flexibility for the applicant and have instead actually become more restrictive than the underlying zoning. The applicant does not seek any variances or special treatment for this property. Instead the applicant seeks equal treatment in how the L/TR zone district use limitations are applied to this property so that the same uses that are permitted to be established at all other properties in the Lodge zone can be established at the St. Regis. Mr. Justin Barker March 12, 2014 Page Six Secondly, this amendment is appropriate because it will give the St. Regis the opportunity to create a bit more vitality in the Lodge zone district. Today a prime commercial space that is located at the corner of Durant and Monarch Streets, right across from Wagner Park, is sitting empty because of the limits placed on the permitted commercial use list for this PUD. This amendment will allow this space to be filled with a retail use, subject to conditional use review to ensure that the propose use is appropriate in this location. Section 26.445.110 of the Land Use Code establishes the procedures and standards for PUD Amendments. It states that amendments to PUD's approved prior to the adoption of Ordinance 36, Series of 2013 shall be processed by having the Community Development Director determine whether the amendment is insubstantial, minor or major. The Director has found that the proposed amendment to the PUD Agreement exceeds the threshold for an "insubstantial amendment" and should be classified as a "minor PUD amendment". Section 26.445.110 D. of the Land Use Code, which governs minor PUD amendments, does not contain its own standards for review of an amendment. It instead refers the applicant to the project review standards that apply to all PUD's (Sec. 26.445.050). Most of these review standards are more applicable to new development than to a minor amendment to a development agreement. Therefore, substantive responses are only provided to those few standards which apply to this proposal. PUD Project Review Standards A. Compliance with Adopted Regulatory Plans. Response: This proposal complies with the Aspen Area Community Plan (AACP) by helping to create more vitality and diversity at the base of Aspen Mountain. The City made the decision nearly a decade ago to allow a wide range of retail uses to occur in the Lodge zone district, subject to conditional use review. This proposal will extend that decision to the St. Regis Hotel, one of the most prominent hotels in the Lodge zone district, which has until now been unable to avail itself of the options that are available to all other surrounding properties that are designated Lodge. B. Development Suitability. Response: Primary retail uses will only be able to occupy the retail spaces if they obtain conditional use approval. Conditional use review will ensure that any primary retail uses proposed are suitable in this location. C. Site Planning. Response: No changes are proposed to the approved site plan for the Cho } ivi/;q 1 2 2014 Mr. Justin Barker March 12, 2014 Page Seven D. Dimensions. Response: No changes are proposed to the dimensions established by the approved PUD plan. E. Design Standards. Response: No changes are proposed to the exterior appearance of the Hotel, and there will be no changes to the visual character of the PUD. F. Pedestrian, Bicycle and Transit Facilities. G. Engineering Design Standards. H. Public Infrastructure and Facilities. I. Access and Circulation. Response: None of the above standards apply to this proposal. Conclusion The above responses and the attached exhibits provide the information the City has requested to process this application. The materials submitted demonstrate that the application complies with the applicable provisions of the Aspen Land Use Code. Please do not hesitate to contact us if you need anything else during the review process. Very truly yours, ALAN RICHMAN PLANNING SERVICES, INC. Alan Richman, AICP EXHIBITS 4"J MAK (lls Map of Aspen,Aspen visage street map- �t. xegt�meson IILLP.iiwww. «cgi�a�Pci>.wuvaa�c�gcuuig-iic►ciivaYr e is Aspen Resort (http; a rw.stregisaspen.co ) AL est Rooms—(http://www.stregisas n.com/guest-rooms/) �—featured-3) I ' u r g � d M, ` Krs I Home(http://www.stregisaspen.com) /Aspen(http://www.stregisaspen.com/aspeno / Reservations Getting Here(http://www.stregisaspen.com/aspen/getting-here/) /Map Check In _ 06/19/2013 ` Checkout GETTING HERE — -- (HTTP://WWW.STREGISASPMa P I"06/20/2013 !ASPEN/GETTING- ` w� HERE A/1 Room(s) Adults Per Room n z y�iry 1 1 Air Services gl (http://www.stregisaspe E&,,vke /aspen/getting- Paepcke here/air- Park 6Monkr0S4ve tsz 4a/nor .....................................................Reserve _..... _.......... services/) ti 31 fbj l�ktnsgv� Best Rates Guaranteed. Driving " co Y' anqe � Plus Earn Starpoints® /aspen//ge ingegisaspe fi Cooper,ve Q 6Hyn)a0ave /best ate//i dex.htrnl) tels.com here/driving/) ' u Map 6Vgner Park h (http://www.stregisaspe DD Ju J Qn P r � o°O �rA� /aspen/getting an st here/map/) uranrwe c 4 �Qdn St Snark st o ° E�Z/ 45 v 7F o a ki .tea Q ,Z 601,Avc 3 G S L ° ©201�i�'Google- } ti s� ro �� p✓ Map data 02013 Google- }[' Exceptional accommodations notwithstanding, Aspen's unrivaled beauty is itself reason enough to make the journey. NiAN 1 4 ?0'.4 Perched high in the Elk Mountains branch of the Rockies,Aspen and its sister town of CITY OF ASPEN 'rr Snowmass Village boast four major ski areas,the highest concentration in all of GMIL ��T/MOMENT Colorado.The St.Regis Aspen Resort is ideally located at the base of Aspen V1�II�u1n Mountain, in perfect proximity to the area's primary ski lifts as well as walking distance to all of Aspen's shopping,dining and entertainment. The resort is conveniently located just 10 minutes from Aspen Airport,eight minutes from Aspen Golf Course, 12 minutes from Aspen Highlands Ski Area, 10 minutes from 1 of 3 6/19/2013 4:44 PM ASPEN OFFICE SSquare Victorian uare GARFIELD &HECHT, P.C. 601 East Hyman Avenue Aspen,Colorado 81611 ATTORNEYS AT LAW Telephone(970)925-1936 Facsimile(970)925-3008 Since 1975 www.garfieldhecht.com July 1,2013 Via Email 315 East Dean Associates,Inc. c/o St.Regis Aspen Resort 315 East Dean Street Aspen,Colorado, 81611' Attn.: Mr.Joel Hocknell,Director of Project Development Email: joelhocknellfa]gmmail.com Re: Ownership of St. Regis Aspen Dear Mr.Hocknell: Simon Prisk asked me to write to you because I understand that you need a letter from a Colorado lawyer to confirm ownership of certain real property in Pitkin County,Colorado known as the"St. Regis Aspen"which is located at 315 East Dean Street in Aspen,Colorado 81611. Please accept this letter to confirm that according my research of the real estate records of Pitkin County,Colorado, 315 East Dean Associates,Inc.,a Delaware corporation,is the owner of the real property described as follows: Hotel Unit and Commercial Unit Aspen Residence Club and Hotel Condominium Map According to the Plat recorded January 21,2005 in Plat Book 71 at Page 86 as Reception No., 506237 and as defined and described in the Declaration and Plan of Club Ownership for Aspen Residence Club and Hotel Condominium recorded January 21,2005 as Reception No. 506236. County of Pitkin, State of Colorado. Please contact me with any questions. Sinc ek&Hecht,G e P.C. By ; Chris aCroix Copy via email to: Simon H.Prisk,Esq. _ 9783091 f�> Aspen • Avon • Basalt • Glenwood Springs • Rifle ®Printed on recycled paper EXHIBIT#2 Mr. Chris Bendon, Director City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: LETTER OF AUTHORIZATION FOR LAND USE APPLICATION FOR 315 EAST DEAN STREET Dear Mr. Bendon, 315 E. Dean Street Associates is the owner of the property located at 315 East Dean Street. I am the Director of Development Services for 315 E. Dean Street Associates. I hereby authorize Alan Richman Planning Services, Inc. to submit a land use application for a PUD Amendment (Other) to amend a condition the City previously applied to the use of this property. Mr. Richman is authorized to submit this application on our behalf and to represent us in meetings with City of Aspen staff and the City's review bodies. Should you have any need to contact us during the course of your review of this application please do so through Alan Richman Planning Services or you may also contact me directly at the address or phone number listed below Sincerel 31 . Dean Street Associates Joel Hocknell, Director of Development Services 315 East Dean Street Aspen, CO 81611 970-948-9354 MAr� M4 CITY- %,ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Justin Barker,429.2797 DATE: February 28, 2014 PROJECT: St. Regis, PD Amendment REPRESENTATIVE: Alan Richman, 920.1125 DESCRIPTION: The St. Regis Hotel is located on Lot 1 of the Aspen Mountain Subdivision. The property is currently zoned (L) Lodge with a (PD) Planned Development Overlay. Section H.17. of the 1St Amended and Restated PUD/Subdivision Agreement for the Aspen Mountain Subdivision (reception #304523) only permits specific accessory retail uses within the Hotel Phase I (Lot 1, currently the St. Regis). The Applicant is proposing to amend this section to retain those uses as permitted, while also allowing the property owner the ability to apply for conditional uses within underlying zoning. The applicant will need to submit a Land Use Application requesting a Minor Amendment to a Project Review approval. This requires one public hearing before City Council. Below are links to the Land Use Application form and Land Use Code for your convenience. Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.445.110.1) Minor Amendment to a Project Review approval Land Use Code link: http://www.aspenpitkin.com/Departments/Community-DevelopmenVPlanning-and-Zoning[Title-26-Land-Use-Code/ Land Use Application: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2013%20land%20use%20app%20form pdf Review by: Staff for complete application City Council Public Hearing: Yes, at City Council Planning Fees: $4,550. This includes fourteen (14) hours of staff review time. Additional time over fourteen (14) hours will be billed at$325 per hour. Referral Fees: None Total Deposit: $4,550 Total Number of Application Copies: 10 Copies, To apply,submit the following information: • Proof of ownership with payment. iv;., ppi4 • Signed fee agreement. • Applicant's name, address and telephone number in a letter signed by the applicant'016h stifes,. ie h.am x address and telephone number of the representative authorized to act on behalf of the applicant. ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages,judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ❑ Total deposit for review of the application. 11 10 Copies of the complete application packet and maps. • An 81/2" by 11"vicinity map Ic ;ng the parcel within the City of Aspen. • Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) ❑ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. • List of adjacent property owners within 300'for public hearing. • Copies of prior approvals. ❑ Applications shall be provided in paper format(number of copies noted above) as well as either of the following digital formats. Compact Disk(CD)-preferred or thumbdrive. Disclaimer The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. EXHIBIT#4 484489 I 06/25/200310:46A I of 5 I SILVIA DAVIS PITKIN COUNTY CO R 26.00 D 0.00 ORDINANCE N0. 25 (SERIES OF 2003) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT, GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS, TIMESHARE, AND SUBDIVISION FOR THE ST. REGIS HOTEL, CITY OF ASPEN, PITKIN COUNTY, COLORADO'. Parcel ID:2 73 7-1828-5001 WHEREAS, the Community Development Department received an application from the SLT Aspen. Dean Street, LLC (Applicant), requesting a PUD Amendment, Growth Management Quota System Exemptions, Timeshare, and Subdivision to convert 98 of the existing 257 hotel rooms into 24 timeshare lodge units and one residential unit; to convert a portion of the existing meeting room, hotel office, and accessory space on the Ballroom Level into an approximately 15,300 square foot spa amenity; to convert the existing spa facility on the Second Level of Building B to the relocated hotel offices; and to modify the 22 approved, but un-built hotel rooms in Building C into 20 hotel rooms; and, WHEREAS, the 24 timeshare lodge units are proposed to be sold in a minimum of 1/11'h fractional interests; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Waste District, City Engineering, Building, Fire, Streets, Parks, Housing, Environmental Health, and Water Departments as a result of the Development Review Committee meeting;and, WHEREAS,the applicant has chosen to consolidate all.of the land use approvals, in accordance with Section 26.304.060, so that City Council will be the final reviewing body on all land use requests; and, WHEREAS, upon review of the application, referral comments, and the applicable Land Ilse Code standards, the Community Development Department recommended approval, with conditions, for the proposed land use requests for the St. Regis Hotel; and, WHEREAS, at its meeting on March 5, 2003, the City of Aspen /Pitkin County Housing Authority forwarded a recommendation of approval to City Council at its meeting to approve the proposed employee mitigation through an audit program; and, WHEREAS,the Planning and Zoning Commission forwarded a recommendation of approval via Resolution No. 10, Series of 2003, by a vote of three to two (3 - 2), to City Council to approve a PUD Amendment, Growth Management Quota System Exemptions,Timeshare, and Subdivision; and, MAR 1 2.014 #, ' 484489 Page: 2 of S II ll 1 �I I l II ill 1 I ll 0 !� 6/23 SILVIA DAMS pITKIN COUNTY CO 00 10.48A R 26.00 0 D 0..00 WHEREAS, the City of Aspen City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and WHEREAS, the City of Aspen City Council reviewed and considered the development proposal at a regular City Council meeting on June 9, 2003 and, by a vote of five to zero (5 0), approved this Ordinance(on Second Reading)for a PUD Amendment, GMQS Exemptions, Timeshare, and Subdivision; and WHEREAS, the City of Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health,safety,and welfare. NOW, THEREFORE BE IT RESOLVED BY THE ASPEN CITY COUNCIL THAT: Section 1 s Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Aspen City Council approves the PUD Amendment, GMQS Exemptions, Timeshare, and Subdivision,subject to the following conditions: 1. The building permit application shall include: a. A copy of the final Ordinance. b. The conditions of approval printed on the cover page of the building permit set. c. A traffic management plan that addresses issues such as construction worker parking and hauling routes. 2. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. b. All tap fees, impacts fees,and building permit fees shall be paid. c. A complete set of sprinkler and alarm plans shall be submitted to the Aspen Fire Marshal in order to determine if the fire sprinkler system and alarm system is adequate. d. The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed. All sanitation-related improvements below grade shall require the use of a pumping station. The conversion from lodge units may result in additional tap fees due to the additional kitchens and other sources of wastewater. e. The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Based on the sprinkler requirements of the Fire MAR ?014 K, g:. 484489 / 06/25/2003 50 :46A SILVIA DAVIS PITKIN COUNTY CO R 26.00 0 0.00 Department, a new and larger water tap may be needed. An additional tap fee may be assessed due to the change in use. f. The applicant shall consult the Colorado Revised Statutes (CRS) to determine the required number of type A and type B units as it pertains to food/beverage service areas. American With Disabilities Act (ADA) Accessibility shall be provided to all timeshare units and to the juice bar and spa. A Temporary Certificate of Occupancy (TCO) may be issued subject to safety and Fire Department concerns being addressed to the satisfaction of the Fire Marshal and the Aspen Building Department. g. The applicant shall be subject to the soon to be adopted International Fire Code if adopted at time of building permit. The applicant shall submit a complete set of fire sprinkler and alarm plans to the Fire Department, Water Department and Sanitation District prior to sign-off of building permit. In addition, the applicant shall comply with new regulations requiring sprinkler heads that provide a larger flow that may impact the plumbing design, the size of the water tap, and water service fees. h. At the time of building permit, Environmental Health shall review the plans for the juice bar set-up and operations. 3. Per the Aspen Pitkin County Housing Authority Board approval of the application on March 5, 2003, the applicant shall conduct an audit, based on the standards of the previous audit (of Section B-4G of the 15t Amended and Restated Subdivision Agreement, recorded in Book 574, Page 792 of the Pitkin County CIerk and Recorder), after one full fiscal year from the date of issuance of the certificate of occupancy for the proposed new spa facility, hotel rooms, timeshare units, and residence under the following terms: a. The Housing Office Operations Manager shall select and retain the auditor. b. The applicant shall be fully responsible for all fees associated with retaining an. auditor. c. The audit shall occur after one full fiscal year of operation. 4. Should the housing audit show an increase in the number of employees over those mitigated for in the original PUD approval (331 employees, or 60% of 331 which equals 198.5 employees), the applicant shall return to the Housing Authority under the following terms: a. The applicant shall provide deed restricted, affordable housing for 60% of any additional employees of the new facilities. b. The applicant shall abide by the Aspen/Pitkin County Affordable Housing Guidelines in effect at the time of the audit. c. The term employee shall include all payroll and non-payroll employees generated by the application. MAR ?tit 11148448!4 1I page: 4 of 5 111 11111 1111111111111111111 06/25 /2003 DRVIS PI7KIN COUNTY CO 2003 10.48A R 28.00 d 0.00 5. Final Condominium Declarations shall be submitted to the City concurrent with the submission of the Condominium Subdivision Plat and shall include the following language regarding timeshare: a. Timeshare estates shall be made available for short-term rental when the estate is not in use by the owner of the unit, the owner's guests, or persons occupying the unit under an exchange program. Units that are available for rental shall be listed at competitive rates in a central reservation system. b. The covenants of the homeowners association shall permit walk-in rental of units. The association shall not limit rental of units to such arrangements as only weekly rentals or Saturday-to-Saturday rentals; instead the association shall permit shorter stays,split-week rentals,and similar flexible arrangements. c. Owners of timeshare estates shall be required to reserve their unit/time sufficiently far enough in advance to enable the public to obtain access to those units that are not so reserved. The term "sufficiently" shall be specifically defined, in terms of minimum number of days notice required. d. The owner of a timeshare estate shall not be permitted to occupy that estate for any period in excess of thirty(30)consecutive calendar days. e. The owner of a timeshare estate shall be prohibited from storing a vehicle in a parking space on-site when that owner is not using the estate. 6. The timeshare lodge units that remain in the developer's inventory shall be made available for rental to the public while the estates are being sold, except for models and other units that are needed for marketing or promotional purposes. 7. The Applicant shall pay the City of Aspen school land dedication fees for the additional residential unit. These fees shall be due and payable at the time of issuance of a building permit for the development. 8. A PUD Agreement and Amended PUD Plan shall be recorded within 180 days of the final approval by City Council and shall include the information required to be included in a PUD Agreement,pursuant to Section 26.445.070(C). 9. The applicant shall file a Notice of PUD in the Clerk and Recorders office of Pitkin County subsequent to receipt of a development order, or prior to issuance of a building permit. 10. With this approval, the applicant shall commit to having the St. Regis Hotel open for business year around. 11.The applicant shall pay a tax impact mitigation fee of$449,552 to the City of Aspen. The fee may be paid in quarterly installments, but the total amount shall be paid within twelve(12)months of the issuance of a building permit for the timeshare units. Section 2: 4489 I Page: 5 of 5 25/2003 10:46A SILVIA DAVIS PITKIN COUNTY CO R 26.00 0 0.00 All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Planning and Zoning Commission or City Council,are hereby incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3• This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4• If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Sect A public hearing on this ordinances will be held the 27`h day of May 2003 at 5:00 p.m. in the City Council Chambers, 130 S. Galena,Aspen,Colorado. INTRODUCED,READ AND ORDERED PUBLISHED as provided by law, by the City 9f1be City of Aspen on this l 2thh day of May,2003. K ch, y Clerk Id'ele lin d,Mayor FINALLY,ADOPTED,PASSED,AND APPROVED this 9h day o June,2003. 4 F e _ City Clerk Helen Ka 'n eru Mayor C QQ APP OVED AS TO FORM: m orcestor, City Attorney i 'Vpit 574 P16E830 f Jim Wilson of March 20 and March 21, 1985, respectively, copies r of which memoranda are attached as Schedule 5 and 6, respec- tively, to this First Amended PUD Agreement. For its part the City has issued a written acknowledgement of such fact, attached hereto as Schedule 7. 15. The following limits shall be placed on the construc- tion schedule in addition to those proposed by the Owner or required by the City Engineer: a. A "tennis" fence material shall be used to screen all staging areas on the site. b. All construction (except painting or similar "quiet" activities) shall be prohibited on the site between r the hours of 10:00 p.m. and 7:00 a.m. C. Owner shall demonstrate to the City Engineering Department that permission has been obtained from adjacent owners for the booms on the tower cranes t to swing over their properties. .� d. The Owner shall provide the City Engineer with an updated construction schedule prior to obtaining any j additional building permits for the Project. 16. The Owner shall commit to meeting the Health Depart- 1 ment requirements identified by Tom Dunlop in his memo regarding 'I the Project dated February 18, 1988 and attached hereto as Exhibit I. 17. The accessory retail uses permitted within the Hotel f Phase I shall be limited to the following and similar uses: i� t sundry shop; car rental desk; travel desk; ski rental and repair i• 47 ?r, fill, .1. 1 i �0a�$ 574 ,i,.uf839 !•------- stare; ski and sports activity center? hotel operator souvenir store; beauty shop; florist shop; and gift shop. The four accessory retail spaces depicted in the building on Durant Street shall not be combined to create larger retail spaces, 18. In order to maintain the employee generation repre- sented by Owner, there shall be no more than 204 dining seats and 4,500 sq. ft, of net (defined as 80% of gross) dining area, ! exclusive of lounge area and exclusive of seasonal outdoor dining, within the Hotel Phase I. 19. The Owner's commitment in the Initial PUD Agreement to participation in the Lodge Improvement District is hereby revised to a commitment to provide improvements on all project frontages which correspond to those planned for the South Galena/South Mill Improvement District. The Owner commits to construct those i t t �,. � improvements adjacent to the hotel which were originally intended for construction by the district contractor, using funds which Y� j t will be transferred from the district to the Owner. These Improvements and the approximate scheduling for their installs- ' tion are more particularly described in Schedule 8, attached hereto and made a part hereof by reference, and owner agrees to complete such improvements to the reasonable satisfaction of the j 1 1 City Engineer within the approximate time schedules indicated f therein. 1 I. PERIODIC PROJECT REVIEWS Owner agrees that every six (6) months following the date of final City apprbval of this Project until the construction of 48 r `. ' t , m DISTRICT INTENTION PERMITTED USES CONDITIONAL USES b 'd t4 Lodge-One To encourage construction and ren- Lodge units;boarding houses;hotel; Restaurant;timesharing;satellite N w ovation of lodges in the areas ad- dining room, laundry and recrea- dish antennae. ' L-1 jacent to the commercial core and tional facilities for guests only. to prevent the conversion of exist- ing lodges into long-term residences. Lodge-Two To encourage construction and ren- Lodge units;boarding houses;hotel; Restaurant;timesharing;satellite ovation of lodges in the area at dining room,laundry and recreation dish antennae. L-2 the base of Aspen Mountain and facilities for guests only; multi- to allow construction of tourist- family residences;single-family and oriented single-family,duplex and duplex residences. multi-family units. x 0 A 0 Commercial To provide for the establishment All street level uses same as CC; Timesharing satellite dish anten- v Lodge of,commercial uses at street level lodge accommodations on second nae. Va �- ,but requiring that all additional and other stories. CL stories be lodge accommodations. Academic To establish areas used for educa- Private school or university;teach- Boardinghouse and dormitory for tion and cultural activities with ing hospital;research facility and housing students and faculty; stu- A attendant research, housing and testing laboratory provided that dent health care facility; student administrative facilities.All devel- such facilities are enclosed and there and faculty dining hall; satellite opment is to proceed according to are no adverse noise or environ- dish antennae. a site plan approved pursuant to the mental effects;auditorium and other io n -ti_ Aspen Land Use Regulations 11. Internal floor area ratio: 0. 75: 1, increasable to 1: 1; however, if the external floor area ratio is increased by Special Review pursuant to Art. 7, Div. 4, then sixty percent (60%) of the additional floor area must be approved for residential use restricted to affordable housing. E. Off-Street parking requirement. The following off- street parking spaces shall be provided for each use in the Office (0) Zone District, subject to the provisions of Art. 5, Div. 3 . 1. All residential uses: 1 space/bedroom, fewer spaces may be provided by special review pursuant to Art. 7, Div. 4, for historic landmarks only. 2 . Lodge uses: N/A 3 . All other uses: 3 spaces/1, 000 sq. ft. of net, leasable area; fewer spaces may be provided via a payment in lieu pursuant to Art. 7, Div. 4 , but no fewer than 1. 5 spaces per 1, 000 square feet of net leasable area shall be provided on-site. Sec. 5-215. Lodcre/Tourist Residential (L/TR),. A. Purpose. The purpose of the Lodge/Tourist Residential (L/TR) Zone District is to encourage construction and renovation of lodges in the area at the base of Aspen Mountain and to allow construction of tourist-oriented detached, duplex and multi-family residential dwel- lings. B. Permitted uses. The following uses are permitted as of right in the Lodge/Tourist Residential (L/TR) Zone District. 1. Lodge units; 2 . Boardinghouse; 3 . Hotel; 4 . Multi-family dwellings; 5. Detached residential or duplex dwellings, only on lots of 6, 000 square feet or less; 6. Dining rooms, customary accessory commercial uses, laundry and recreational facilities located on the same site of and for guests of lodge units, boardinghouses, hotels and dwelling units; 7. Accessory residential dwellings restricted to affordable housing guidelines; and S . Accessory buildings and uses. 5-50 M14 Revisions incorporated through August 14, 1989 26.710.190 Lodge (L). A. Purpose. The purpose of the Lodge (L) Zone District is to encourage construction, renovation and operation of lodges, tourist-oriented multi-family buildings through short term vacation rentals, high occupancy timeshare facilities and ancillary uses compatible with lodging to support and enhance the City's resort economy. The City encourages high- occupancy lodging development in this zone district. Therefore, certain dimensional incentives are provided in this zone district, as well as other development incentives in Chapter 26.470, Growth Management Quota System (GMQS). B. Permitted uses. The following uses are permitted as of right in the Lodge (L) Zone District: 1. Hotel or lodge. 2. Timeshare lodge. 3. Exempt timesharing. 4. Offices and activities accessory to timeshare unit sales (see Section 26.590). 5. Bed-and breakfast. 6. Conference facilities. 7. Uses associated with outdoor recreation facilities and events. 8. Accessory uses and structures. (Food service for on-site lodge guests is an accessory use.) 9. Storage accessory to a permitted use. 10. Affordable multi-family housing accessory to a lodging or timeshare operation and for employees of the operation. 11. Free-market multi-family housing. 12. Home occupations. 13. Vacation rentals. Pursuant to Section 26.575.220 C. Conditional uses. The following uses are permitted as conditional uses in the Lodge (L) Zone District, subject to the standards and procedures established in Chapter 26.425: 1. Retail and restaurant uses. 2. Neighborhood commercial uses. 3. Service uses. 4. Arts, cultural and civic uses. 5. Public uses. City of A $p L d Use Code �PAr di L zone Page 1