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Land Use Case.315 E Dean St.0042.2013.ASLU
THE CITY OF ASPEN City of Aspen Community Development Department' CASE NUMBER 0042.2013.ASLU PARCEL ID NUMBERS 273718285033 PROJECTS ADDRESS 315 DEAN PLANNER SARA NADOLNY CASE DESCRIPTION AMENDMENT TO PUD LOT 1 ASPEN MOUNTAIN PUD REPRESENTATIVE ALAN RICHMAN DATE OF FINAL ACTION 11/18/2013 CLOSED BY ANGELA SCOREY ON: 3.19.15 DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights'.% of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit application submittal is.accepted and deemed complete by the Chief Building Official, pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. 315 East Dean Associates Inc. —315 E. Dean St., Aspen CO 81611 Property Owner's Name, Mailing Address Lot 1 First Amended Plat Aspen Mountain Subdivision and Planned Unit Development, Accordingto o the plat thereof, Recorded and filed October 3 1988 in Plat Book 21 at Paize 35 and Amendments thereto filed July 1 1989 in Plat Book 22 at Page 85 December 28, 1990 in Plat Book 30 at Page 49 October 1 1992 in Plat Book 29 at Page 71 and February 9, 1993 in Plat Book 30 at Page 65 Together with the non-exclusive easement for the purpose of providing vehicular and pedestrian access as created defined and established by easement agreement, recorded October 4 199 in Book 604 at Page 184 has b these laid out, platted, created ' and subdivided the same as condominiums as shown on this map under the name and style of the Aspen Residence Club. and Hotel Condominium Map initially consisting of 25 residential units hereby designated as Club Units (and fractional ownership units under the City of Aspen Municipal Code) one Commercial Unit and one Hotel Unit and here by submits the real property and improvements thereon to the declaration and plan of Club Ownership for the Aspen Residence Club and Hotel Condominium recorded January 21 20058 at Reception No. 506236, as maybe amended from time to time. Commercial Unit Aspen Residence Club& Hotel Units B20-B22 B30-35 B40=45 B50-55 B60 B62 B64 and B65. 315 East Dean Street Aspen, CO 81611. Legal Description and Street Address of Subject Property PUD Amendment removing the language found in a prior approval requiring the hotel portion of the St. Regis to remain open all year round. Written Description of the Site Specific Plan and/or Attachment Describing Plan Approval by the City f Aspen City Council of a PUD Amendment via Ordinance 44, Series 2013 on 11/18/2013 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) November 28 2013 Effective Date of Development Order (Same as date of publication of notice of approval.) November 29 2016 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 18th day of November, 2013, by the City of Aspen Community Development Director. &Age Chris Bendon, Community Development Director AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY.SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE c JS4Reaps ADDRESS OF PROPERTY: C De- Aspen, CO STATE OF COLORADO ) SS. County of Pitkin ) (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 26.304.0.60 (E) or Section 26.306.010.(E) of the Aspen Land Use Code in the following manner: ✓Publication of 7iotice: 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 fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. 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 no laterthan fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. -� Signature The foregoing "Affidavit of Notice" was acknowledged before me thiQ�day 20A3by_Zjaa&A �,u �Ol.�►t^ PUBLIC NOTICEOf {, DEVELOPMENT APPROVAL �(y�1/ V gTNF S S My HAI\TD AND OFFICIAL SEAL • NOTICE IS HEREBY GIVEN to the general public - - + of the approval of a site specific development plan, and the creation of a vested property right pursu- S ant to the Land Use Code of the City of Aspen and Title 24,Article 68,Colorado Revised Statutes My commission expires: 0-J pertaining _ pertaining to the following legally described prop- arty. 1 of the First Amended Plat Aspen Moun- tain Subdivision and Planned Unit Development, City and Townsite of Aspen,Colorado,commonly known as 315 E.Dean St.,St.Regis Aspen Resi- dence Club and Hotel Condominiums,by order of - the City of Aspen City Council on November 18th Not Public via Ordinance No.44,Series of 2013. The Appli- -` cant has received approval to remove the condi- tion requiring the hotel portion of the St.Regis to i remain open year round. For further information contact Sara Nadolny at the City of Aspen Com- m n, foredo(970)t De2739.t. 0 S .Galena St,As- _ + 's/City of Aspen f ATTACHMENTS: - Publish in The Aspen Times on November 28, OF HE PUBLICATION - - 2013(9739449) - . � Y MEMORANDUM TO: Mayor Skadron and Aspen City Council FROM: Sara Nadolny, Planner Technician Thru: Chris Bendon, Community Development Director RE: 315 E. Dean St., PUD Other Amendment for St. Regis Hotel Ordinance 44, Series of 2013—Second Reading MEETING DATE: November 18, 2013 PPLICANVOWNERS: SUMMARY: 315 East Dean Associates, Inc. The applicant requests an amendment to the PUD approvals for the St. Regis Aspen Residence Club an PRESENTATIVE: Hotel Condominiums to remove the language requiring Alan Richman Planning Services, Inc. the hotel to remain open year-round. The applicant would like the opportunity to temporarily close the hotel OCATION: for short periods of time during the spring and fall off- 315 E. Dean St, Aspen, CO 81611, seasons, as is common among area lodges. This is the commonly known as the St. Regis my hotel known to have such a requirement, which was Aspen Residence Club and Hotel made a condition of the original approval due to Condominiums change in the lodge rooms to timeshare units, and conference center and spa that were predicted to bring i CURRENT ZONING&USE business during off-seasons. Lodge(L)with a Planned Unit Development(PUD) overlay PROPOSED LAND USE: This site will continue to be used as lodge, timeshare and residence. The applicant is requesting a change to the spen Mountain PUD to allow a brief period of closure during off-seasons. STAFF RECOMMENDATION: Staff recommends approval of the proposed PUD amendment. Figure A: Image of St.Regis Hotel Page 1 of 4 l LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval- • Planned Unit Development (PUD) — Other Amendment, pursuant to Land Use Code Section 26.445.100 (City Council is the final review authority in this instance, due to the manner in which the related PUD Amendment was originallypproved). PROJECT BACKGROUND:. The St. Regis Aspen Residence Club and Hotel Condominium is located in the Lodge zone district on Lot 1 of the Aspen Mountain PUD. The Aspen Mountain Subdivision and PUD was originally approved in 1985 via Ordinance 14. As it currently exists, the St. Regis is comprised of 159 hotel rooms, 24 timeshare lodge units, one residential unit, and amenities such as the Remede Spa, a fitness center with a pool and hot tub, the Member's Club, and a restaurant and lounge. In the early 1990's this site was the home of the Ritz Carlton Hotel. In 1998 the property changed ownership, and became known as the St. Regis Hotel. In 2003 a significant PUD amendment was granted via Ordinance No. 25 that allowed the conversion of 98 of the existing 257 hotel rooms into 24 timeshare lodge units and one residential unit, the conversion of a portion of the existing meeting room, hotel office and accessory space on the Ballroom Level into a spa, the conversion of the existing spa facility on the Second Level of Building B as use for hotel offices, and modification of the twenty-two hotel rooms in Building C into 20 hotel rooms. PROJECT SUMMARY: A prior approval for the project requires the hotel portion of the St. Regis to remain open year round. Ordinance No.j 25, Series of 2003, Subsection 10 states: "With this approval, the applicant shall commit to having the St. Regis Hotel open for business all year around." The applicant is requesting to amend the approval for the St. Regis by removing the language in this subsection. The applicant is requesting the opportunity to close the hotel portion of the St. Regis for a short time during Aspen's spring and fall off-seasons, for approximately 2-4 weeks during these seasons, as business dictates. The applicant states the following reasons for this request: • During these off-season periods the hotel experiences very low occupancy rates; • 'The cost to operate the hotel far exceeds any revenue it may generate due to the core group of employees that must be present to operate the hotel; • The full complement of utilities must be kept in operation with the hotel remaining open; • Employees working during this time who count on tips as an important supplement to their hourly wage experience a loss due to the significantly fewer hotel guests; and • Periodic closures of the hotel will allow maintenance projects to be completed. It should be noted that if the hotel has significant interest during these times it will remain open to accommodate the customers. Page 2 of 4 t. y STAFF COMMENTS: Staff has examined the applicant's request in terms of the criterion for PUD—Other Amendment, which examines the degree to which the request is consistent with or an enhancement of the prior PUD approvals, and notes the following: • The applicant's request does not involve any changes to the Aspen Mountain PUD that will affect the permitted height, density, massing, or other physical variations on or around the St. Regis such as that related to landscaping, lighting, open space, access or architectural character. • There is no change in use associated with the applicant's request. The St. Regis Hotel will continue to be used as a lodge. When the hotel units are not rented during any temporary periods of closure, they will not be used in any other manner. • The timeshare units that are part of the St. Regis are sold as.1/11 shares, which means the units are used for a total of 44 weeks of the 52 week year. The remaining eight weeks in which the units are not occupied are reserved for maintenance and for rental to the general public on a walk-in basis. This will help to off-set any possible inconvenience created by the closure of the hotel for would-be guests. • On-site amenities of the St. Regis include bellman assistance, in-residence dining options, the Shadow Mountain Lounge, the Member's Lounge, pool and hot tub, workout facility, locker storage,.the Remede Spa, transportation around town and to the airport, concierge, housekeeping, and 24-hour security. These amenities will remain available for use by the owners of the timeshare units during any time of closure. The Remede Spa will continue to be available for use by the general. • It is common for hotels to close for a brief period of time during Aspen's"off-season", and can find no reason to deny the St. Regis the ability to do the same. The requirement for the St. Regis Hotel was initially discussed during the Planning and Zoning Commission meeting on April 15, 2003. A review of the meeting minutes (part of Exhibit C, Application) seem to indicate that the applicant agreed to keep the hotel open year-round as a response to concern Commissioner Cohen had regarding the loss of hotel rooms due to their conversion to time-share units. Furthermore, the St. Regis' new spa and conference facility was viewed as a means of bringing vitality and business to the City during typically slow periods of the year. The requirement for the hotel portion of the St. Regis to remain open year-round is unique and not known to exist for any other hotel in the City. Exhibit C to this memo is a list of past hotel closures for Aspen during the years 2011-2013 as provided by Tom Foley of DestiMetrics, LLC (this group provides data to StayAspenSnowmass). Furthermore, this requirement puts pressure on the St. Regis to perform at a level that may not be sustained by the reality of the business during off-seasons. In other words, Staff questions the role of the City to be involved with the business plan of the St. Regis. Page 3 of 4 During the first reading of this request before Council, Staff was asked to inform the Aspen Chamber Resort of the Applicant's request. Debbie Braun, President and CEO of the Aspen Chamber Resort Association, has said that the Chamber is supportive of this request, that the St. Regis has been very transparent with their desire to close during off-seasons, and has been great to work with. During her conversation with a representative of the St. Regis it was concluded that should a large group wish to book the St. Regis Hotel during the off-season, that the hotel would remain open to accommodate this request. During a regular public hearing of the Planning and Zoning Commission on September 17th, the Commission voted 5:0 to approve Resolution 20, Series 2013, providing a favorable recommendation of approval to City Council in favor of this PUD Amendment. RECOMMENDATION: In its review of this proposal, Staff finds the application to be consistent with the applicable review standards as found in the City Land Use Code. Staff recommends approval of the project. RECOMMENDED MOTION: ."I move 'to approve Ordinance No. 44, Series of 2013, removing the year-round operation requirement." ATTACHMENTS: • EXHIBIT A—PUD Review Criteria • EXHIBIT B—Application • EXHIBIT C Aspen Hotels w/Past Closures Page 4 of 4 Exhibit A Review Criterion Other amendment. An amendment found to be consistent with or an enhancement of the approved final development plan by the Community Development Director, but which does not meet the established thresholds for an insubstantial amendment,may be approved, approved with conditions, or denied by the Planning and Zoning Commission, at a public'hearing pursuant to Subsection 26.445.030.C, Step 3. The action by the Planning and Zoning Commission shall be considered the final action, unless the decision is appealed. Staff Response: The applicant is requesting the removal of language in the approving ordinance for the St. Regis Hotel(Ordinance No. 25,Series 2003) that requires the hotel portion of the development to remain open year-round Section 1,subsection 10 of the ordinance states "With this approval, the applicant shall commit to having the St. Regis Hotel open for business year around" The applicant.is not proposing any changes to the Aspen Mountain PUD that will affect the permitted density, height, massing, or other physical variations such as that related to landscaping, lighting, open space, access or architectural character. The applicant is simply requesting to be permitted to take advantage of the slower business times during Aspen's off-season to temporarily close the hotel for maintenance purposes and to lessen the financial burden created through the need of a full-staff, utilities, etc. during these times of low hotel occupancy. Many hotels in the City of Aspen temporarily close during the off-season. The amenities, such as the restaurants, club,pool, and fitness center will remain open to the residents for private use during these times of closure; and the Remede Spa will remain open and available for use by both residents and the general public. ,Staff does not believe that this request is in opposition to the approved final development plan for the Aspen Mountain PUD, and will not significantly change the St.Regis in anyway. Staff finds that the criterion for PUD—Other Amendment has been met. 1 s , ALAN RICHMAN PLANNING SERVICES, INC P.O. BOX 3613 ASPEN, COLORADO 81612 970-920-1125 June 19, 2013 Ms. Jennifer Phelan, Deputy Director City of Aspen Community Development Department 130 South.Galena Street - Aspen, CO 81611 RE: AMENDMENT TO PUD FOR LOT 1, ASPEN MOUNTAIN PUD Dear Jennifer, 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 to eliminate one.of the conditions of approval that was applied to this property when a portion of the hotel. was being converted into timeshare lodge units: 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. Simon H. Prisk, an attorney, 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: Amendment of PUD Development Order (Other Amendment). I/ Ms. Jennifer Phelan June 19, 2013 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 first:. significant amendment to the. PUD/Subdivision was approved by the City Council . in 1988. 1 The amended PUD/Subdivision Plat was recorded .in Plat Book 21 @ Page 35. 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 andto 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 timeshare units are sold as 1/11 shares. This means that.each share provides the owner with 4 weeks of use, for a total of 44 weeks that are being sold. The other 8 weeks of the year are not sold and are instead reserved for maintenance and similar activities or for rental on a walk-in basis to the general public. The property also contains a variety of accessory uses, including the conference/meeting space and ballrooms, the spa, and a number of restaurants and retail spaces. I Ms. Jennifer Phelan June 19, 2013 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 Condition #10 of Ordinance 25, Series of 2003 be deleted in its-entirety. This condition reads as follows: 10. With this approval, the applicant shall commit to having the St. Regis Hotel open for business year round: This condition was recommended for adoption by the Planning and Zoning Commission and imposed by the City Council during the land use application process. The condition was included in the P&Z Resolution and City Council Ordinance based on, statements made by the applicant during the hearing process, in responseto questions posed by the. P&Z (see Exhibit #5, the minutes. of the P&Z hearing at which this issue arose). The minutes indicate that P&Z commissioners were concerned about converting a. portion of one of Aspen's largest hotels into a timeshare operation and what this would do.for the, hotel's ability to offer conference spaces.and have opportunities to rent to larger groups. During this discussion, the hotel's general manager stated that the hotel would be open year round.and this statement was memorialized in the form of Condition #10..- Condition 10:Condition #10 was not included in the approval based on any provision. in the City's timeshare regulations that would mandate this operational practice. The Land Use Code does establish mandatoryoperational practices- for a timeshare. lodge, including the requirement that timeshare estates be made available for short term rental when the unit is not being occupied by the owner of the unit. The timeshare regulations.also recognize the necessity of having an adequate maintenance- and management plan for the timeshare lodge, which may involve closing all ora portion of the facility on an annual basis to ensure adequate upkeep of the property occurs. But there is no requirement in the time regulations (or elsewhere in the Land Use Code) that would require a hotel to be'open year round. In the 10 years since Condition #10 was applied to the property, it has proven to be a difficult commitment for the hotel to operate within. The condition has meant that the hotel must stay open for business during periods of the year when visitation is very low, leading to exceptionally low occupancy rates in the hotel. The hotel has experienced occupancy rates that are so low that the cost to operate the hotel far exceeds any revenue it might generate because regardless of how few guests are present, there must be a core group of employees on hand to operate the hotel. Furthermore, because the hotel has to stay open, the full complement of utilities must be kept operating, wasting energy and other valuable resources. This is not a recipe for maintaining a successful business over the long term. Ms. Jennifer Phelan June 19 2013 Page Four Most other hotels in Aspen close during the spring or fall off-seasons, allowing them to periodically complete maintenance projects that are best accomplished when there are no guests staying in the hotel Closing the hotel also offers the opportunity for management to allow all of the. hotel's employees to take a.vacation at the same time. For those employees for whom tips. are an important supplement to their hourly wage, working during the off season is not desirable because.there are so few guests.:Therefore, many` of the hotel's employees would prefer to be able to take this.time off. The applicant would like to`havethe opportunity to close the. hotel portion of the Aspen Residence Club and Hotel during the spring.and/or, the fall off seasons. Closure would likely. occur for several weeks in late April/early May and again in late October/early November: The Residence Club would remain open while the hotel is closed. The Residence Club operates separately from .the.hotel and has its own reservation system, entrance, concierge and security. Therefore, the Residence Club would not have to close simply,because the hotel is closed. Although occupancy.of the Residences is similarly quite low during these periods, if there are owners who have purchased shares which include these off-season weeks, then the residential portion of the. hotel would need to be kept. open for business year-round. Furthermore, as required by the.City's timeshare ordinance, the'.timeshare units must be available for rental to the public during those' times in which units have not been sold to owners.. So the Residence Club will be kept open year round. But, as noted above; there is no requirement in the Land Use Code for the hotel units to be kept open year round and it is common practice for hotels both large and small to close fora portion of the year. In order for this change to:occur, the approved PUD for the property would need ,to be amended. Section 26.445.100 of.the Aspen Land Use Code authorizes amendments to approved PUD's. It provides for what are identified as insubstantial amendments (Sub- section A) and other amendments (Sub-section B). An "insubstantial PUD amendment" is one which does not exceed any one of nine listed threshold criteria. An insubstantial amendment.may be authorized administratively, by the Community Development Director. An amendment which exceeds the threshold criteria for an insubstantial amendment is considered to be an "other PUD amendment". When an "other PUD amendment" is found by the Community Development Director to be consistent with or an enhancement of the approved final development plan it may be reviewed and approved by the Planning and Zoning Commission. However, an "other PUD amendment" which the Community Development Director finds is inconsistent with the final development plan requires review and approval by both the Planning and Zoning Commission and the City Council. Ms. Jennifer Phelan June 19, 2013 Page Five The proposed amendment does not qualify as an insubstantial PUD amendment because it exceeds threshold criterion A.9. This criterion states that any change that it is inconsistent with a condition or representation of the project's original approval shall not be considered to be,an insubstantial amendment. Since the applicant is requesting to delete a condition of the original approval; this amendment cannot be considered to be an insubstantial amendment and .instead is an "other PUD amendment". For this same reason it. also cannot be reviewed- and approved solely by the Planning and Zoning . Commission. Rather, this type of amendment requires a recommendation by P&Z followed by a final decision by the City Council (steps 3 and 4 of the PUD review process). Other .PUD amendments are subject to review pursuant to the provisions of Sec. 26.445.050,of the Code, PUD Review Standards. These standards address the physical' character of a PUD, including its dimensional_ requirements, site design, landscaping, architectural character, lighting,' open space; utilities, access and phasing.. None of these aspects of the PUD will'be altered in anyway by the requested deletion of Condition' 10. The only change to the PUD will be whether there is a mandatory time period within which the hotel must be.open each year. Therefore, the applicant has not provided responses to each and every standard of Sec. 26.445.050 as none apply to the proposed amendment. The applicant believes that there are benefits that will accrue not only to the St. Regis Hotel, but also to the community if the hotel is authorized to close during the off season. . The benefits to the hotel are described.above. The primary.benefit is the ability to conduct. maintenance and similar. upkeep operations without subjecting guests'to those activities. The hotel also gains the ability to choose not to remain open when occupancy rates are very low, thereby,avoiding wasting.energy and other valuable resources. The seasonal closure will also allow the hotel's employees to take.a vacation during the offseason so they can recharge their batteries for the next summer or winter season. An additional positive outcome to consider is that by closing the hotel during the off season.. the St. Regis will not be competing with other hotels in Aspen for the limited business that is present during those times of year. This means that those hotels that choose to stay open during this period will gain business that otherwise would have gone to the St. Regis. Given the limited size of the visitation pie that is present during these seasons, it makes little sense'to mandate that a business the size of the St. Regis stay in operation. All of us are aware that hotels in Aspen advertise particularly low rates during the off-season to attract locals and guests into their rooms so they can generate some revenue. Allowing the St. Regis to close during this period will keep its rooms out of this very limited market and allow hotels that want to stay open for business to do so more successfully. Ms. Jennifer Phelan June 19, 2013 Page Six 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 there is anything else that is needed duringthe.'review process. Very truly yours, ALAN RICHMAN PLANNING SERVICES, INC. Alan ichm an, AICP EXHIBITS lYlUrl Vl 11Jt./-I AJF- Y111-61-HVL--F- VL.11161J-'F"lv "LLF.//YV VY YY.JLl L.�1JUJt.I411.L+V1IL UJ�/Vll/�VtLllls-Lllil V/111CLt// is Aspen Res*ttp://www.stregisaspen.co ) est Rooms—(http://www.stregisas n.com/guest-rooms/) eatured-3) Home(http://www.stregisaspen.com) /Aspen(http://www.stregisaspen.com/aspen/) / Reservations Getting Here(http://www.stregisaspen.com/aspen/getting-here/) /Map Check In 08/19/2013 GETTING HERE Check Out (HTTP://WWW.STREGISASPM2 P 08/20/2013 /ASPEN/GETTING- HEREn 2 1�+o C(Qr?,J r Room(s) Adults Per Room s , Air Services Main St (http://www.streg isaspe E$ /aspen/getting- f�aepcke /maker here/air- Park EHopk/ft Ave � (� �Ma. Reserve() tR services/) y � cy Ettc nS �t _ Driving yr @HYrp Akr Aye Best Rates Guaranteed. (http://www.stregisaspe CT apgyF m Plus Earn Starpoints® � c /aspen/getting- �co°Pergyp fH (hftps:/Avww.starwoodhotels.com y aOA O /bestrate/index.html) here/driving/) Map Wagner Park C,_ y � (http://www.stregisaspe EDeapCr J "OOp AyP /aspen/getting- St here/map/) c r r co Dean St Spark 3r 07 �d'� $ `'s ©z013eGoogle- 0 r4 i1 .�� th urs 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 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 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 EXHIBIT #1 THE RUCHEL& LAW FIRM Architects and Designers Mulding The Exchange Tower Attorneys at Law 150 East 581"Street,22nd Floor 1 30 King Street West,Suite 2300 New York,New York 10155 PO Box 233,Toronto,ON WX 1 C8 Tel.212-755-3333 Tel.416-350-2026 June 11, 20.13 315 East Dean Associates, Inc. C/o St. Regis Aspen Resort 315 East Dean Street, Aspen, Colorado, 81611 Attn: Mr.Joel Hocknell Re: St. Regis Aspen Dear Joel: Further to our recent correspondence, I confirm that I have reviewed the relevant property records and determined that 315 East Dean Associates, Inca is the owner of the property located at 315 East Dean Street in Aspen, Colorado. Please contact me with any questions. Sincer ly, Simon H. Prisk 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 SinIDean 31Street Associates Joel Hocknell, Director of Development Services 315 East Dean Street Aspen, CO 81611 970-948-9354 AM EXHIBIT#3 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Claude Salter—970.429.2752 DATE: 5.24.13 PROJECT: 315 E Dean, Lot 1 of the Aspen Mountain PUD/Subdivision REPRESENTATIVE: Joel.Hocknel TYPE OF APPLICATION: Other Amendment DESCRIPTION: The proposa*amend an item in Ordinance No.25 (Series of 2003) Section I, item #10�equires the St Regis Hotel to be open faar business year round. The applicant.would like the ability to close the hotel for off seasons. The Applicant will need to submit a Land Use Application r?4Code ng an Amendment to Ordinance No. 25 (Series of 2003).This type of amendment, an Other amendment, istep review before P&Z and City Council Below are links to the'Land Use Application form and Land for your convenience. - - Land Use,Application Form: Land Use application Land Use Code: Land Use Code Land Use Code Section(s) 26.304 Common Development Review Procedures RE68 26.445.100 Amendment of PUD development order VEF D 26.445.100(B) Other Amendment JUN2 ® 2o13 Review by: - Planning Staff for compliance/completeness CI1'y OF 4SP EN .Planning and Zoning Commission COMMUNITY DEVELOPMENT. City Council Public Hearing: Required Planning Fees: $10,400 Deposit for 32 hours of staff time: Additional staff time required is billed at $325/hour Referral Fees: none. Total Deposit: $ 10,400. Total Number of Application Copies: Ten (10) for Council and P&Z total To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. 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. 4. Copy of all relevant past approvals 5. Completed Land Use Application. 6. Signed fee agreement. 7. Pre-application Conference Summary. 8. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 9. Proof of ownership. 9. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 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 484489Page: I of 5` • I + 06/28/2003 10:46A �I SILVIA DAVIS PITKIN COUNTY. CO R 26.00 D 0.60 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 15,3.0.0 square foot spa amenity; to convert the existing spa facility on the Second.L.evel ofBuilding 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`x'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 A Land Use Code: standards, the Community Development Department recommended approval, with conditions, far 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, 0 484489 • Pape: 2 of: 5 !I II IIII I . . III I I I !I I 06/237 la 0 SILVIA DAVIS PITKIN COUNTY CO R 26.00 D20.0010.46A 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 CortimunityPlan; and WHEREAS, the City of Aspen City Council reviewedand 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 CITYCOUNCIL THAT: Section' 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code;. theAspenCity Council approves the PUD Amendment, GMQS Exemptions; Ti- esfiare; 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.. Construct' n 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 feesi 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 (foof, 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 4849 06//28/2003 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 terms: a. . The applicant shall provide deed restricted, affordable housing for 60% of any additional employees of the new facilities. b. The applicant shall abide by the Aspen/Pitkin County Affordable Housing Guidelines in effect at the time of the audit. c. The term employee shall include all payroll and non-payroll employees generated by the application. 4 40489 Page: 4 of S III M11111111111111111111111 08,2'S ./2003 0 SILVIA DAVIS PITKIN COUNTY CO 1 .48A R 28.00 0 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 landdedication 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• 484499. _ 06/25/ieea 10:46A SILVIA ORVIS.PITKIN.COUNTY:CO R 261.901 D. 0100 All material representations and commitments made by the-applicant pursuant to.this application; whether in public hearings or documentation presented before the Plarnung 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 shallnot effect ezisting,litigation and shall not operate as an abatement of`any action or proceeding;now pen int 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 40 If any section, subsection, sentence,:clause, phrase, or portion of.this. Ordinance is for:any reasorn held invalid or unconstitutional in ah 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 thisordinances 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. INTR .DUCED,READ AND ORDERED PUBLISHED as provided bylaw,by-the,City �ocl� f1je City of Aspen on this 12th'''day of May,2003. } i t -s K CIerk WeleA K linI ud,Mayor FINALLY,ADOPTED;PASSED,AND APPROVED this 9h day o June,2003. z City Clerk Helen Ka 'n eru Mayor c 0 APP. OVEDAS.TO FORM. In orcestor, CityAttorney EXHIBIT #5 ASPEN YLANNII\TG & ZONING COMMISSION -Minutes—APR11, 15 2003 CONTINUED PUBLIC HEARING (03/18/03): EMUIDIT F ST REGIS PUD AMENDMENT, TIMESHARE P&z NurrcrTEs Jasmine Tygre opened the continued public hearing for the St. Regis PUD amendment and timeshare. Gideon Kaufman, representative for the applicant, stated that most businesses that are vital and viable over time have changed with the times for the new Aspen reality, economy and travel industry. Kaufman stated that their proposal will demonstrate clearly and unequivocally increase in occupancy during those shoulder seasons; the proposal represents change in a positive way to help the economic viability of the St. Regis as well as the community in general. Kaufman stated that the St. Regis will continue to remain. the largest hotel in Aspen; the ballroom has become a real Asperi cultural amenity will be preserved and unchanged. Kaufman said that meeting space necessary to accommodate all of the current conferences will be preserved and in fact it will have the ability to have more flexibility with the meeting rooms and space, which will be a result of this renovation. Kaufman noted a spa approval was being sought, which the applicant believed will help generate new business and reverse the trend of lost business to other hotels and other resorts. Kaufman stated the proposal would promote more off-season business thus achieving one of the original goals of the hotel. Kaufman said that the fractional ownership will have the Starwood brand attached to it combined with a spa, which will provide higher occupancy not only.for the fractional ownership but also for the remaining hotel rooms. Kaufman introduced Richard McLennan, the general manager of the St. Regis. Richard McLennan provided charts concerning the trends that have taken place in the past few years. McLennan said this presentation was a result of the considerable changes in the market since the hotel opened. The charts provided revenues, tax dollars for the city, competitive set comparisons, comparison of spas in other ski areas, lost business and tax dollars, 'meeting space changes, spa footprint and conference meeting room usage specifics. The existing ballroom (9,000 square feet) would be revamped for the ability to break out half of the ballroom into 3 rooms with an additional 4,500 square feet of flexible meeting room space allowing for 20,800 square feet of meeting space not including.the 3 new breakout rooms in the ballroom and the 3 existing smaller conference rooms would be replaced with the spa. Roger Haneman said that previously it was stated that 80% of the conferences would be retained; he asked why has the number changed to 100%. McLennan r replied the previous reference was to rooms not meeting space; the 20% was existing business, which currently overflows to the Jerome and Little Nell. McLennan said that the 3 hotels share business with certain groups with a town 5 w ASPEN PLANNING ZONING CONITYUSSION -�Vlinu s-APRIL 15, 2003 wide event rather than only a hotel. Kaufman.noted Comedy Fest was a community wide event that meeting space was provided along.with some rooms. McLennan said that HBO and Food and Wine were community events that everyone benefited from in addition to Information Handling, Fortune Magazine and ESPN, which are all split between the Jerome, Nell and St. Regis. Haneman asked why it was necessary to keep the administrative staff on premises rather than move therm off site and retain the meeting space. McLennan answered that the office space was in an un-saleable space area, which was an underground level; . Sales, Accounting, Marketing and HR need to be on site for the daily operations of the hotel. Jack Johnson asked if there was ever a conference that used all the current conference space. McLennan responded.that the most conference space.ever used was the 20, 263; some of the groups stay over 10 days. The configurations..of groups were very'diverse; for Food and Wine 2 groups utilized eighty rooms and the rest was transient. Johnson asked about the ballroom being used for HBO. McLennan replied that typically 2 events would go into the ballroom and some of the raw space above Aspen Sports was used instead of turning over a hotel room. McLennan said that the entire ballroom was.only used for community events. Haneman asked of the groups listed how long have.they.been coming and how long were they committed to coming back.. McLennan answered that it varied from group to group;some were 3 to 4 years. Eric Cohen asked what percentage of the $10,000,000.00 in lost.revenues were hotel room sales versus conference room sales. McLennan replied that it was hotel rooms and foal and beverage sales without any lost retail or restaurant business; the average expenditure was $700.00 to $1,000.00 a night. Haneman asked if the lost business was tracked by the date the contract was signed or the date arrived. McLennan responded it was the date the event actually took place. McLennan stated that was lost business only for lack of a spa location and does not represent other lost business that the hotel tracks. Kaufman introduced Matt Averil, the senior vice-president managing director for Starwood'Vacation Hones, a subsidiary of Starwood Hotels and Resorts, which is the largest hotel company in the world. Matt Averil said that the interval occupancy stabilized the occupancy rates, higher traveling party size and higher discretionary spending that occupied these types of units. Averil utilized charts for the general occupancy in interval ownership in Orlando Florida and Vail Colorado. Averil. also provided the occupancy figures in Avon, Orlando and Vail. Averil said that occupancy gets created 4 ways in an interval property (1) the owner use (2) 6 W4t.Y -ASPEN PLANNING &.ZONING COMMISSION-Minutes-APRIL 15 2003 exchange companies that provide or honored guest program for trade-out(3) rent unit (4) give to friends and family members. 13aneman asked.the type of ownership for the Vail Valley property and where the owners came from. Averil replied that it was weekly interval ownership, 51 weeks and the owners came from the west and the Front Range, Dylan Johns noted the HohsonlFerrani reports talked about the timeshare market in Telluride,which was overbuilt in the timeshare area; he said this was a concern with the trends from the last few years of marketing timeshares and asked when it would become overbuilt. Averil responded that.their Orlando marketwas said to be overbuilt but it was the number one timeshare market in the'world the consumer and community will decide when the market was :full. Averil felt comfortable with the benefit of the spa, 25 units with a branded benefit andthe proximity of the town to be attractive to the consumer. Johns asked the typical demographics of the buyers. Averil replied that the average age was 45 to 55. Johnson asked if there were any other.St. Regis fractional ownership hotels. Averil responded that this would be the first one for the St. Regis but,they were doing an upscale Westin on Maui being sold at $60,000.0:0 a week, which were sometimes bought at 4-6 weeks for oceanfront time in:Maui. Johnson asked what the fractional costs were going to,be for this St. Regis. Averil answered that this project was an 11`h; which was a4 week ownership including summer;winter and midterm beginning in the upper $200,000.00's for the 2 bedroom; depending on the upper floors, with holiday time there were ways to gain other advantages. Kaufman stated that the sofa beds do not count for original bed count. Johnson asked at what price point would the St. Regis refuse to sell.the hotel rooms. Averil said that they will sell hotel rooms in the off-season as low as $150.00; the best comparison was that the suites typically sell from $250.00 in the off-season to upwards of$700.00 in high season, the fractional units would be comparable. Cohen.asked how the price of$150,000.00 carie into the equation. Averil replied that would be for a biennial fractional interest. Kruger asked the number of timeshare units in the Starwood system. Averil replied that there were about 4500 timeshares and Andrew Katz responded that there were 122,000 units in the Starwood Resorts. Kruger asked how the 24 or 25 rooms to be time-shared were ascertained. Averil answered that the high-end luxury fractional consumer with a high level of hands on, high-touch service drove this limited market. Kruger asked if they were familiar with the laws here and how they differed from j those in Vail. Averil replied that he was familiar with the differences. Kruger requested the sale tools. Averil answered that it would take on 2-3 months with a 7 ASPEN PLANNING & ZONING COMMISSION -Minutes—APRIL 15 2003 dialog and relationship with only 6 sales people on site. Kaufman stated that they would comply.with the city timeshare ordinance on marketing the product. Public Comments: Bill Tomsich,president of StayAspenSnowmass, relayed comments from Eric Calderon, general manager of the Little Nell, that the, guests expressed the desires for expanded spa facilities. Tomsich said that Tony iLuca , general manager of the Hotel Jerome, expressed.his intention to have a relationship with the St. Regis for overflow business on larger groups as it relates to all three of the properties working together to accommodate the demand. Tomsich supported the'project. MOTION: Eric Cohen moved to extend the meeting to 7:15 pm; seconded by Ruth Kruger. DENIED 3-3. Gideon Kaufman appealed to the conmmission to extend the meeting since this was the second time that they were continued. Jasmine Tygre stated that she.had to leave at 7 pm and Eric Cohen would takeover as chairman. MOTION: Eric Cohen moved to extend the meeting to 7:15 pm; seconded by Ruth Kruger. APPROVED 4-2. Tygre thanked the applicant for the thoroughness of the presentation with much valuable information and she stated that she had no problem with this application. Haneman said that his initial complaint remained with the original hotel that insisted on having as many rooms as it could with.257 and that cutting 78 rooms with'this new proposal was not what the voters asked for during the approval. Hane.m.an said after this approval there would be 179 hotel rooms left. Kruger said that the finishing of the rooms in the raw space was an asset to the community. Kruger agreed with that it was extremely important to keep up with the times and changing trends of the hotel industry. Kruger said that the amount of money that the St. Regis invested in the spa would be good for town and she supported this project. Johns stated that the last meetings figure of the 80% conference space being retained was of concern but with the historical conference data supplied that. supported the need for 20,500 square feet of conference space became less of a concern for him. Johns still questioned if loosing hotel rooms to time share would either help or hurt in the long run and felt to also was important to stay abreast of the times as far as the travel industry. Johns said that he supported this project. Johnson noted that he reviewed the project and learned that it was very controversial even though two-thirds of the voters accepted it because of the 8 ASPEN PLANNING & ZONING COMMISSION Minutes— APRIL 15, 2003 conference facilities. Johnson stated concern for the loss of conference space and the size of the spa at nearly the size of the conference space. Johnson stated that he was reluctant to make significant changes to a controversial project that go against specific representations that were made that won the town over to the project. Johnson said that he was reluctant also to have the Aspen St. Regis be the test case for time-share. Cohen stated that the spa was a great idea and necessary for a hotel of that caliber to have but the timesharing was difficult because of the 25% reduction in hotel rooms for the largest hotel in town. Cohen said that like infill, the public did not attend.the P&Z public hearings but turned out it force for the council hearings. Cohen noted that talk on the streets was that this town was being time-shared. Cohen reiterated that he had a hard time with the substantial reduction of hotel room for the premier hotel in town. Kaufman stated that the Hobson/Ferrani report stated in a memo that updated annual occupancies of fractional residence club at Rocky Mountain Ski areas and clarify the characteristics of properties in the March 2002 overview. Further the updated memo provided numbers.that were realistic regarding this project and this product, which average 80% occupancy rate in the winter, 70% in the summer and 20%in the shoulder seasons. Kaufman said that Aspen, Snowmass and Lake Tahoe attract a larger number of visitors,particularly skiers, have higher occupancy and the St. Regis could have higher occupancy levels than other residence clubs,surveyed. The well-managed rental program coupled with the, additional advantages of the 5 star brand, excellent location,the hotel and new spa confirmed the report. Kaufman said that the St. Regis was taking the risk on the generation of the new spa and hot beds to generate occupancy keeping the conference facility with new amenities to accommodate the changes needed. MOTION: Ruth Kruger moved to extend the meeting another 15 minutes; seconded by Roger Haneman. APPROVED 5-0. Cohen asked if this proposal was approved would the hotel stay open year round instead of the hotel closing during certain times of the year. McLennan replied that the packages for the off-season would be very competitive in price; the spa was,a reason to come to Aspen to have the spa experience in the same hotel that you are staying. McLennan said that resort destination hotels with spas experience any upwards of a 12% increased occupancy rate over destination resorts without spas. Cohen asked if the applicant was making a representation that the hotel would be open 52 weeks a year. McLennan responded absolutely. Cohen said that would be a benefit and the town may be time-shared out; he was trying to find the positives of this project. Kaufman reiterated that the representation for the record was part 9 ASPEN PLANNING & ZONI G COMMISSION -Minutes— APRIL 15, 2003 of the condition of this approval that when the fractional ownership was sold the hotel would commit to be open year round. Johnson asked what hotels have been converted to time-share. Allgaier responded that the new Boomerang, the Residences at the Little Nell and Grand Aspen Hyatt. There was discussion of opening the spa up to the public with concerns for the competition with-the Aspen Club, additional trip generation based on local migration to a facility of that nature, but sharing with the guests from the Jerome and Little Nell. Johnson asked the number of people that could utilize the spa facility. McLennan said that the spa would have18 treatment rooms in addition to a salon, boutique, sauna and hot tubs. Kruger asked the number of days a year the hotel was absolutely full. McLennan replied anywhere between 30 and 40. Kruger said with the room reduction it was about a 70%reduction; she asked how often was the hotel above 70% full. McLennan answered that he did not want to throw out a number that was not correct without researching the assessment but the fractional ownership rooms would also be rentedas hotel zooms on a short-term basis. Kruger asked how many people would be turned away by reducing the number of available rental rooms. McLennan responded that some people would be turned away at peak times but he didn't think that it would be a significant loss.. McLennan noted that between the Regis; Nell and.Jerome business was shared all the time; he said of all the places that he has worked:he has never experienced this level of cooperation between three hotels. Cohen asked in the case of a timeshare unit, if it were vacant would a walk-up guest be able to rent that unit for the night. Aligaier responded that according to the time-share ordinance,it would be as close to a lodge as.possible. Averil said that the answer was yes; in the fling there was a 30-day notice period for the rights of occupancy to confirm the use and then the unit would be able to be rented like a hotel. Haneman stated that he took exception to every instance that was brought up if it was contrary to what the applicant was looking for it was an exception whereas the examples provided by the applicant were picture perfect text book of what will be occurring in Aspen; he had difficulty with the comparison of the Vail project with a 1/50`h share to show occupancies similar'to Aspen when Vail was 2 hours from the nearest metropolitan area and Aspen was 4 hours. Haneman stated that Aspen was 4 hours just as Steamboat was, with the same number of people at 5,000 residents. Haneman said the management could make all the difference. . 10 ASPEN PLANNING & ZONING COMMISSION -Minutes— APRIL_15, 2003 MOTION: Ruth Kruger moved to approve P&Z Resolution #1.0 and recommend City Council approve the a PUD Amendment; Growth Management Quota System Exemptions, Timeshare, and Subdivision to convert 98 existing hotel rooms into 24 timeshare lodge units and one residential unit, to convert a portion of the existing meeting room, hotel office, and-accessory space on the Ballroom Level into an approximately 15,300 square foot spa amenity, and to convert the existing spa facility on the Second Level of Building B to relocated hotel offices; subject to the following conditions: 1. The building permit application shall include: (a)A copy of the final Ordinance and recorded P&Z Resolution.(b)The conditions of approval printed on the cover page of the building permit set.(c)A traffic management plan that addresses issues such as construction worker parking and hauling routes.2. Prior to issuance of a building permit:(a)The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood.,(b)All tap fees,impacts fees,and building permit fees shall be paid.(c)A: complete set of sprinkler and alarm pians shall be submitted to the Aspen Fire Marshal in order to determine if the fire sprinkler system and alarm system is adequate.(d)The Applicant shall comply;with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections(roof,foundation,perimeter drains)shall be allowed. All sanitation-related improvements below grade shall require the use of a pumping station. The conversion from lodge units may result in additional tap fees due to the additional kitchens and other sources of wastewater.(e)The applicant shall comply with. the City of Aspen Water System Standards,with Title 25,and with the applicable standards of Title 8(Water Conservation and Plumbing Advisory Code)of the Aspen Municipal Code,as required by the City of Aspen Water Department. Based on the sprinkler requirements of the Fire Department,a new and larger water tap may be needed. An additional tap fee may be assessed due to the change in use. (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 unitsand to the juice bar and spa. A Temporary Certificate of Occupancy(TCO)may be issued subject to safety and Fire Department concerns being addressed to the satisfaction of the Fire Marshal and the Aspen Building Department.(g)The applicant shall be subject to the soon to be adopted International Fire Code. The applicant shall submit a complete set of fire sprinkler and alarm plans to the Fire Department,Nater 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 V Amended and Restated Subdivision Agreement,recorded in Book 574,Page 792 of the Pitkin County Clerk and Recorder),immediately after one full fiscal year following the issuance of a certificate of occupancy for the proposed new spa facility; hotel rooms,timeshare units,and residence under the following terms:(a)The applicant shall retain an auditor and shall gain prior approval from the Housing Office Operations Manager for the selection of the auditor.(b)The applicant shall be fully responsible for all fees associated with retaining an auditor.4.Should the housing audit show an increase in the number of employees,the applicant shall return to the Housing Authority under the following terms: (a)The applicant shall provide deed restricted,affordable housing for any additional employees of the new facilities.(b)The applicant shall abide by the Aspen/Pitkin 11 ® �. 0 ,WIWO i ASPEN PLANNING & ZONING COMMISSION-Minutes—APRIL 15 2003 � County Affordable Housing Guidelines in effect at the time of the audit:5. Final Condominium Declarations shall be submitted to the City concurrent with the submission of the Condominium Subdivision Plat and shall include the following language regarding timeshare: (a)Timeshare estates shall be made available for short-term rental when the estate is not in use by the owner of the unit,the owner's guests,or persons occupying the unit under an exchange program.Units that are available for rental shalt 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 4 units to such,arrangements as only weekly rentals or Saturday-to-Saturday rentals-0nstead s the association shall permit shorter stays,split-week rentals,and similar flexible arrangements.(c) Owners of timeshare estates shall be required to reserve their unit/time sufficiently far enough in advance to enable the public to obtain access to those units that are not so reserved.(d)The owner of a timeshare estate shall not be permitted to occupy that estate for any period in excess of 30 consecutive calendar days.(e)The owner of a timeshare a vehicle in a parking space on-site when the o`�ner is estate shalt be prohibited from storing not using that estate. 6. The timeshare lodge units that remain in the developer`s,inventory shall be made available for rental to the public while the estates are being sold,except for models and.other units that are needed for marketing or promotional purposes. 7. The fi Applicant shall pay the City of Aspen school land dedication fees for the'additionaI residential unit. These fees shall be due and payable at the time of issuance of a building permit for.the development. 8. A PUD Agreement and Amended PUD Plan shall be recorded within 180 days of the final approval by City.Council and shall,include the, information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). 9. The applicant shall file a Notice of PUD in the Clerk and Recorders office of Pitkin County subsequent to receipt of a development order,or prior to issuance of a building permit. 10. With this approval,the applicant shall commit to having the St.Regis Hotel open for business year around. Seconded by Roger Haneman. Roll call vote: Johns yes; Johnson, no; Haneman, no; Kruger, yes Cohen, yes» APPROVED 3-2. PUBLIC HEARING: CENTENNIAL PUD AMENDMENT Jasmine Tygre opened the public hearing for Centennial. David Hoefer stated that the notice was provided but the mailing and list needed to be provided. lYIOTION: Rutb Kruger moved to continue the public hearing on the Centennial PLrD Amendment to May 69 2003; seconded by Roger Haneman. APPROVED 5-0. Meeting adjourned 7:40 p.m. ckie Lothian, Deputy City Clerk 12 �� EXHIBIT'S C�a��. RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: 5��2��0 Starwood Hotels&Resorts Worldwide,Inc. `III Page: i of 8 IIIIII II ILII _ IIII IIIII II II I III 111111 III I 0 III 1/ IIIII 21/ I 2Q0 1111 Westchester Avenue SILVIli DAVIS PITKIN COUNTY CO � 10.431 R 41.00 D 0.00 White Plains,NY 10604-3500 Attention: General Counsel HOTEL AMENITIES USE AND ACCESS AGREEMENT (Aspen Residence Club and Hotel Condominium) ,l This Hotel Amenities Use and Access Agreement (this "Agreement") is made this 7 day of 'lkr , 2005, by and between SLT Aspen Dean Street, LLC, a Delaware limited liability company (the "Hotel Owner"),and St.Regis Residence Club of Colorado,Inc., a Colorado corporation(the "Club Developer"). Hotel Owner and Club Developer are sometimes referred to collectively in this Agreement as the "Parties" and individually as a"Party". RECITALS A. Hotel Owner is the owner of a luxury hotel known as the St. Regis Aspen Hotel(the"Hotel")as more particularly described and shown as the Hotel Unit on the Condominium Map for Aspen Residence Club and Hotel Condominium (as supplemented from time to time, the "Condominium Map"), recorded on �&AA/ 2005 at Book / ,Page_eis- 95'4, and in the Declaration and Plan of Club Ownership for Aspen Residence Club and Hotel Condomi um (as amended fro2 time to time, the "Condominium Declaration") recorded on _,A.� / ,2005 at) 3d 6a,J$g(s ,all in land records of Pitkin County,Colorado. The Hotel Unit currently contains the following amenities: an outdoor heated swimming pool and fitness center containing a weight room. The above listed amenities (as may be modified or replaced from time to time by the Hotel Owner in accordance with Section 4 of this Agreement) shall herein be referred to as the "Amenities". Club Developer has developed a fractional club project consisting of residential condominium units in which fractional interests will be marketed and sold, as more particularly described and shown as "Club Units" on the Condominium Map and Condominium Declaration. B. Club Developer desires to secure rights in favor of Club Unit Users to use the Amenities upon and subject to the terms and conditions set forth in this A reemendesires late patronage of the Amenities by the Club Unit Usersupon and subjecotelctt toethe termstandant cond ons setsuch rihtstoutl nuthis Agreement. NOW THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. Definitions. In this Agreement,the terms defined in Exhibit"A"shall have the respective meanings set forth therein. 2. Grant of Rights. Hotel Owner hereby grants to Club Developer, for the benefit of all Club Unit Users, a license to access, use and enjoy the Amenities in common with,and in accordance with,the Policies and Procedures applicable from time to time to Hotel Guests. Such license shall be an irrevocable license except to the extent expressly provided in this Agreement. Hotel Owner may suspend a Club Unit User's privileges under this Agreement for any violation of Policies and Procedures or other wrongful conduct on the same basis as for Hotel Guests. A Club Unit User may exercise such right, liberty and privilege only during, or in connection with,the period when such Club Unit User is in occupancy of a Club Unit or any portion thereof. Except as otherwise provided herein, neither Club Developer, nor any person claiming rights through it or under it, including, without limitation,any Club Unit User,shall have or �CO_DOCS_A#151607 v3 1 F:kAspenkTitle MatterskDocsIHOTEL AMENITIES USE&ACCESS AGMT 12-29-04.DOC TITLE COMPANY OF THE ROC�C. w•�.^ci. �fs� J Owner Information Page 103 ® 506240 VIII Page: 2 of 8 ILII 111111 I II II I I III 1 11111 lilt 0 /21/2005 10.431 4 SILVIR DAVIS PITKIN COUNTY CO R 41.00 D 0.30 claim,at any time,any interest or estate of any kind or extent in the Amenities,in the income or liabilities associated with such Amenities,or in the income of Hotel Owner. This provision is intended to constitute a general irrevocable license and not a grant of any exclusive or non-exclusive right to any specific portion of the Hotel Unit. 3.Amenities Fee Hotel Owner shall be entitled to charge the Association a reasonable and proportionate share of the actual costs of operating, maintaining and repairing the Amenities. The fee for the year 2005 shall be THIRTY SIX: THOUSAND NINE HUNDRED AND SIXTY DOLLARS ($36,960). Hotel Owner or Hotel Manager may adjust this fee annually on the same percentage basis as the percentage change in the total cost of operating, maintaining and repairing the Amenities,excluding costs related to the Hotel Owner's sole use of the Amenities. The total operating, maintenance and repair costs shall be reasonably determined by Hotel Owner or Hotel Manager on an annual basis in accordance with generally accepted accounting principles. Such percentage change shall be measured based on the total costs to operate, maintain and repair the Amenities beginning August 1 and ending July 31 of each year,as compared with the total cost to operate,maintain and repair the Amenities over the same time period in the following year. The percentage change in the Amenities Fee for 2006,for example,shall be determined by the percentage change in the total cost of operating, maintaining and repairing the Amenities as measured from the time period of August 1,2003 until July 31,2004(2003/2004 Year)as compared to the total cost of operating,maintaining and repairing the Amenities from August 1,2004 through July 31,2005(2004/2005 Year). Therefore, if the total costs of operating, maintaining and repairing the Amenities between the 2003/2004 Year and the 2004/2005 Year increase by a percentage of 3%, the Hotel Owner shall be entitled to increase the 2006 Amenities Fee by 3%, so that the Association's reasonable and proportionate share of the Amenities Fees in 2006 would be $38,068.80. To the extent the Hotel Owner elects to close the entire or a portion of the Amenities for group use,special events, or otherwise for the Hotel Owner's sole use as permitted herein, the Hotel Owner and not the Association shall be responsible for costs applicable to such use or event during the period of closure. Either the Hotel Owner or the Association may seek a re-determination of the Amenities Fee amount to reflect the then actual costs of operating, maintaining and repairing the Amenities (determined in accordance with generally accepted accounting principles) and the Association's proportionate share thereof. Neither party may seek a re-determination within two years from the date of the last re-determination, unless such re-determination is required to reflect a substantial modification or alteration of the Amenities since the last re-determination of the Amenities Fee.The first re-determination shall not be held any sooner than January 1,2007. In order to commence such a re-determination,the party seeking the re-determination must give the other party at least 90 days notice that it is seeking a re-determination. In the event the parties do not, within thirty(30)days of such notice, agree on the new Amenities Fee,either party may,at any time thereafter, submit such matter to binding arbitration in accordance with Section 12 of this Agreement. Club Developer acknowledges on behalf of the Association that the Amenities Fee covers only the general use of the facilities constituting the Amenities. Club Unit Users may be charged additional fees for associated services and products (such as, by way of example and not limitation, for fitness or aerobics classes,personal training,snacks and beverages,etc.)on the same basis as Hotel Guests. 4. Performance Standards. The Amenities will be maintained and operated in good condition and repair. Notwithstanding anything in this Agreement to the contrary, Hotel Owner may from time to time alter, modify, replace, relocate, enlarge, discontinue or temporarily or permanently close the Hotel and/or any of the Amenities provided that the Amenities to which Club Unit Users have rights under this Agreement shall remain available to the Club Unit Users to the same extent such Amenities continue to be used in the operation of the Hotel and made available to Hotel Guests. 5. Access to the Amenities. Club Unit Users shall have access to, use of and enjoyment of the Amenities, subject to.(i) closure of the entire or a portion of the Amenities from time to time for group use and special events, and for maintenance and repairs,(ii)space availability,as reasonably determined by the Hotel Owner or Hotel Manager,and(iii)the Policies and Procedures of the Hotel Owner,provided that any restrictions on access or use of the Amenities shall apply equally to Club Unit Users and Hotel Guests. CO_DOCS A#151607 v3 2 R:Aspeffitle MatterslDocsIHOTEL AMENITIES USE&ACCESS AGMT 12-29-04.DOC Owner Information Page 104 506240 � I I 01 1 /21/2005 0:431 I I 6. Term,Termination. SILVIA DAVIS PITKIN COUNTY CO R 41.00 D 0.00 The use rights granted by Hotel Owner with respect to the Amenities shall commence on the date that a Club Unit in the Club Project is first occupied by a Club Unit User and shall not expire unless the Condominium Declaration is terminated and a substantially similar plan is not re-imposed on the Club Units and Hotel Unit within 60 days of the termination of the Declaration. The Association may terminate this agreement upon the affirmative vote of three quarters of the total number of voting interests held by owners of Club Interests. 7. Insurance:Indemnification. The Hotel Owner shall maintain a policy or policies of general liability insurance covering the Hotel Unit appropriate for its operations in its sole discretion. The Hotel Owner shall cause such policy or policies to be amended to name as additional insureds with respect to the exercise of the use and access rights granted under this Agreement, the Club Developer (so long as the Club Developer retains any interest in any Club Interests), the Association Manager and the Association. The Hotel Owner shall from time to time provide evidence of coverage as the Club Developer(if applicable), the Association Manager or the Association shall reasonably request. The Hotel Owner shall not be obligated to maintain a greater level of insurance coverage(s) with respect to claims by Club Unit Users than it does with respect to claims by Hotel Guests. The proportionate cost of providing such insurance shall be a cost of operating the Amenities. 8. The St.Regis Name and License. Hotel Owner has a licensing arrangement("Hotel Licensing Arrangement')with The Sheraton Corporation ("Licensor") to use the name "St. Regis" ("Brand") and all service marks and trademarks associated therewith ("Marks") in connection with the operation of the Hotel Unit. In addition, the Club Manager has a licensing arrangement("Club Licensing Arrangement')with Licensor to use the name"St. Regis"and,as a consequence,the Club will be designated as a St. Regis vacation ownership resort during the term of the Club Licensing Arrangement. Neither the Association nor Club Unit Users have, nor shall Association claim on its own behalf or on behalf of the Club Unit Users, any right, title, or interest in the Brand, Marks, Hotel Licensing Arrangement or the Club Licensing Arrangement,and neither Association nor the Owners are third party beneficiaries of the Brand, Marks,Hotel Licensing Arrangement or Club Licensing Arrangement, intended or otherwise. 9. Notices. (a) Any communication,notice or demand of any kind whatsoever which either Party may be required or may desire to give to or serve upon the other shall be in writing and delivered by personal service (including express or courier service), by facsimile (if confirmed in writing sent by overnight courier or by registered or certified mail, postage prepaid, return receipt requested), by a reputable national or international overnight courier such as Federal Express, or by registered or certified mail, postage prepaid, return receipt requested,in any case addressed as follows: (i) If to Hotel Owner: SLT Aspen Dean Street,LLC c/o The St.Regis Aspen Hotel 315 East Dean Street Aspen,Colorado 81611 Attention: Hotel General Manager Fax: (760)770-2155 With a copy to: 3 CO DOCS A#151607v3 F:\Aspen\Title Matters\Docs1HOTEL AMENITIES USE&ACCESS AGMT 12-29-04.DOC Owner Information Page 105 8/23/13 9:52 AM lb 71F ST REGIS ASPEN RESIDENCE CLUB *NOTICE:The public hearing date for the requested PUD amendment to allow seasonal closure of the Hotel has been changed from September 3,2013 to September 17,2013. Dear(FirstName}(LastName}, Please be informed the Aspen Planning and Zoning Commission public hearing has been rescheduled for Tuesday, September 17,2013 at 4:30 p.m.The meeting will be held at City Hall in the Sister Cities Meeting Room,130 S.Galena Street,Aspen,Colorado.If you are unable to attend the meeting,please submit questions or comments to Sara Nadolny at sara.nadolnvOcitvofasnen.com at the City of Aspen Community Development Department no later than September 11, 2013.All queries will be included in a report to the Commission on September 17.Click here to view the revised public notice. If the proposed amendment is approved,guests of the Residences can expect the following amenities and services: •To be greeted by a bellman at the front drive and welcomed through the main entrance.The bellmen will assist with luggage and the check-in experience. •In-Residence dining options •Guests of the Residences will enjoy private access to the Shadow Mountain Lounge. •Cocktails and breakfast in the Member's lounge** •Access to pool and hot tubs •24-hour Security •On-call Engineering staff •Housekeeping •Concierge •Locker storage •pa11 use of ibe Remede®Spa,with limited daytime hours,which will include access to the specialized amenities like the oxygen Room •Access to the fitness center •Transportation to the airport as well as around town •Guests of the Residences can expect full access to the management team who will continue to be available throughout any closure of the guestrooms. We will continue to keep you updated on the results of the hearing.As always,please feel free to contact Member Services should you have any questions at 866 776 9637• Sincerely, Member Services *Date is subject to change. **Depending on the availability of the resort food and beverage outlets. . C7"tiH £iLKY • ron+t'u'"1LNA t<ar:h<�c a'taitr:cd SPG,Preferred Guest,Starpoints,Starwood Residence Club,Aloft,Element,Four Points,Le Mandien,Sheraton,St. Regis,The Luxury Collection,W,Westin and their respective logos are the trademarks of Stanwood Hotels&Resorts Worldwide,Inc.,or its affiliates. To ensure you receive your Starwood Residence Club emails,please add memberservices(a)starwoodresidenceclub.com to your address book. You are subscribed as(EMailAddr) See our Privacy Statement or call 877.782.0071 to learn more about our data collection and usage practices. Starwood Residence Club,9002 San Marco Court,Orlando,FL 32819 ©2013 Starwood Hotels&Resorts Worldwide,Inc. CID xxxx file:///Users/elizfral/Documents/HOA%2OCommunications/HOA%2OHTML%2OFiles/SRA%2OPUD%2Oemail-woDean%2Ov2.html Page 1 of 1 Exhibit C Aspen Hotels w/Past Closures 2011 • April o Cattle Nell - Partial closure .o St Reds - Partial closure (closed for renovation) • May o Little Nell - Partial closure • St Regis-full closure (closed for renovation) • June o St Regis- Partial closure (.closed for renovation) • October o Aspen Mountain Lodge-- partial closure o Stonebridge Inn - partial closure o Snowmass Mountain Chalet-partial closure o St Regis Aspen- Full closure (closed for renovation) • November o St Regis Aspen -partial Closure (closed for renovation) . o Stonebridge Inn - partial closure 2012 • April o Aspen Mountain Lodge-- full closure o Hotel Aspen - partial closure o Hotel Jerome - partial closure o Inn at Aspen -partial closure o Sky Hotel - partial closure • Mav o Aspen ;`Mountain I...odge-partial closure o Hotel Jerome-partial closure o Inn at Aspen--partial closure .o Sky Hotel -partial closure • September o Hotel Jerome-closed for renovation • October o Aspen Mountain Lodge --- partial closure o Hotel Jerome-closed for renovation • November o Hotel .Jerome closed for renovation 1 2013 • April o Aspen Mountain Lodge — partial,closure o I lotel Jerome— partial closure o Little Nell — partial closure • May o Aspen Mountain Lodge — partial closure o Hotel Jerome—partial closure o Little Nell ---partial closure • October o Aspen Mountain Lodge- partial closure o Little Nell — partial closure • November o Aspen`Mountain bodge —partial closure 2 r � • MEMORANDUM TO: Mayor Skadron and Aspen City Council THRU: Chris Bendon, Community Development Director FROM: Sara Nadolny, Planner Technician RE: 315 E. Dean St, PUD—Other Amendment for St. Regis Hotel, Ordinance No. 44, Series 2013—First Reading MEETING DATE: February 25, 2013 APPLICANT/OWNERS: SUMMARY: 315 East Dean Associates, Inc. The applicant requests an amendment to the PUD approval for the St. Regis Aspen Residence Club and REPRESENTATIVE: Hotel Condominiums to remove the language requiring Alan Richman Planning Services, the hotel to remain open year-round. The applicant Inc. would like the opportunity to temporarily close the hotel for short periods of time during the spring and fall off- LOCATION: seasons, as is common among area lodges. This is the 315 E. Dean St, Aspen, CO 81611, only hotel known to have such a requirement, which commonly known as the St. Regis was made a condition of the original approval due to a Aspen Residence Club and Hotel change in lodge rooms to timeshare units, and a Condominiums conference center and spa that were predicted to bring in business during off-seasons. CURRENT ZONING&USE Lodge (L) with a Planned Unit During a regular public hearing on September 17th, P&Z Development (PUD) overlay provided a recommendation of approval (via Resolution No. 23, Series of 2013) to Council to amend the PUD PROPOSED LAND USE: such that this condition is removed from the St. Regis The site is proposed to continue to Hotel's requirements. be used as lodge, timeshare and residence. The applicant is requesting a change to the Aspen Mountain PUD to allow a brief period of closure during off- seasons. STAFF RECOMMENDATION: Staff recommends the City Council approve the proposed PUD amendment. Figure A,right: Image of St.Regis 4" ti Figure B,right: Area map depicting location of subject property. v. s e 3e LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval from the City Council: • Planned Unit Development (PUD) — Other Amendment, pursuant to Land Use Code Section 26.445.100 (City Council is the final review authority in this instance due to the manner in which the related PUD Amendment (Ordinance 25, Series of 2003) was approved). BACKGROUND: The St. Regis.Aspen Residence Club and Hotel Condominium is located in the Lodge zone district on Lot 1 of the Aspen Mountain PUD. The Aspen Mountain Subdivision and PUD was originally approved in 1985 by City Council via Ordinance 14. As it currently exists, the St. Regis is comprised of 159 hotel rooms, 24 timeshare lodge units, one residential unit, and amenities such as the Remede Spa, a fitness center with a pool and hot tub, the Member's Club, and a restaurant and lounge. In the early 1990's this site was the home of the Ritz Carlton Hotel. In 1998 the property changed ownership, and became known as the St. Regis Hotel. In 2003 a significant PUD amendment was granted via Ordinance No. 25 that allowed the conversion of 98 of the existing 257 hotel rooms into 24 timeshare lodge units and one residential unit, the conversion of a portion of the existing meeting room, hotel office and accessory space on the Ballroom Level into a spa, the conversion of the existing spa facility on 2 S the Second Level of Building B as use for hotel offices, and modification of the twenty-two hotel rooms in Building C into 20 hotel rooms. PROJECT SUMMARY: A prior approval for the project requires the hotel portion of the St. Regis to remain open year round. Ordinance No. 25, Series of 2003, Subsection 10 states: "With this approval, the applicant shall commit to having the St. Regis Hotel open for business all year around." The applicant is requesting to amend this approval to remove the requirement created by Subsection 10. The applicant would like the opportunity to close the hotel portion of the St. Regis for a short time during Aspen's spring and fall off-seasons, for approximately 2-4 weeks during these seasons each year, as business dictates. The applicant states the following reasons for this request: • During these off-season periods the hotel typically experiences very low occupancy rates; • "The cost to operate the hotel far exceeds any revenue it may generate due to the core group of employees that must be present to operate the hotel; • The full complement of utilities must be kept in operation with the hotel remaining open; • Employees working during this time who count on tips as an important supplement to their hourly wage experience a loss due to the significantly fewer hotel guests; and • Periodic closures of the hotel will allow maintenance projects to be completed. STAFF COMMENTS: Staff has examined the applicant's request in terms of the criterion for PUD—Other Amendment, which examines the degree to which the request is consistent with or an enhancement of the prior PUD approvals, and notes the following: • The applicant's request does not involve any changes to the Aspen Mountain PUD that will affect such factors typical to PUD review, including permitted height, density, massing, or other physical variations on or around the St. Regis, e.g. those related to landscaping, lighting, open space, access or architectural character. • There is no change in use associated with the applicant's request. The St. Regis Hotel will continue to be used as such. When the- hotel units are not rented during any temporary periods of closure, they will not be used in any other manner. • The timeshare units that are part of the St. Regis are sold as 1/11 shares, which means the units are used for a total of 44 weeks of the 52 week year. The remaining eight weeks in which the units are not occupied are reserved for maintenance and for rental to .the general public on a walk-in basis. This will help to off-set any possible inconvenience created by the closure of the hotel for would-be guests. • On-site amenities of the St. Regis include bellman assistance, in-residence dining options, the Shadow Mountain Lounge, the Member's Lounge, pool and hot tub, workout facility, locker storage, the Remede Spa, transportation around town and to the airport, concierge, housekeeping, and 24-hour security. These amenities will remain available for use by the owners of the timeshare units during any time of closure. The Remede Spa will continue to be available for use by the general public year-round, with reduced hours, although this is not a requirement of the PUD. 3 J =4" • It is common for hotels to close for a brief period of time during Aspen's "off-season", and the City can find no reason to deny the St. Regis the ability to do the same. The requirement for the St. Regis Hotel was initially discussed during the Planning and Zoning Commission meeting on April 15, 2003. A review of the meeting minutes (part of Exhibit D, Application) seem to indicate that the applicant agreed to keep the hotel open year-round as a response to concern Commissioner Cohen had regarding the loss of hotel rooms due to their conversion to time-share units, and the fear that the City was losing hot-beds. Furthermore, the St. Regis' new spa and conference center was seen as a way to maintain vitality and business in the City during typically slow periods of the year. The requirement for the hotel portion of the St. Regis to remain open year-round is unique and not known to exist for any other hotel in the City. Furthermore, this requirement puts pressure on the St. Regis to perform at a level that may not be sustained by the reality of the business. In other words, Staff questions the role of the City to be involved with the business plan of the St. Regis. During a regular public hearing of the Planning and Zoning Commission on September 171h the Commission voted 5:0 to approve Resolution 20, Series of 2013, providing a recommendation of approval to City Council in favor of this PUD Amendment. RECOMMENDATION: In reviewing the proposal, Staff finds the application to be consistent with the applicable review . standards as found in the City Land Use Code. Staff recommends approval of the project. RECOMMENDED MOTION(ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE): "I move to approve Ordinance No.44, Series of 2013, upon first reading." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A—Review Criteria and Staff Response Exhibit B—Application J 4 r t ' Ordinance No. 44 (Series of 2013) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A PUD—OTHER AMENDMENT FOR THE ST.REGIS HOTEL PROPERTY DESCRIBED AS PART OF THE ASPEN MOUNTAIN PUD SUBDIVISION, BEING A PARCEL OF LAND COMMONLY DESCRIBED AS 315 E. DEAN ST., CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2737-182-85-033 WHEREAS, the Community Development Department received an application from 315 East Dean Associates, Inc., represented by Alan Richman, requesting a recommendation of approval for a PUD — Other Amendment at the St. Regis Hotel, located at 315 E. Dean St.; and, WHEREAS, the subject property is zoned Lodge (L) with a Planned Unit Developmen (PUD) overlay; and, WHEREAS, City Council formerly adopted Ordinance No. 25, Series of 2003, which approved a PUD Amendment for the subject site and awarded Vested Property Rights status for the conversion of 98 hotel units into 24 timeshare lodge units; and, WHEREAS, the applicant has requested a PUD Amendment to the Aspen Mountain PUD to remove specific language in Ordinance No. 25, Series of 2003 that requires the St. Regis Hotel to remain open year-round; and, WHEREAS, pursuant to Section 26.445.100 Amendment of PUD development order of the Land Use Code, Planning and Zoning Commission may review the applicant's request and in this case may make a recommendation to the City Council for final decision; and, WHEREAS, the Community Development Director has reviewed the application and recommended approval of the applicant's request for a PUD — Other Amendment that will remove the requirement requiring the St. Regis Hotel to remain open year-round; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the request under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing held on September 17, 2013 and recommended approval of the PUD Amendment by a vote of 5:0; and WHEREAS, the Aspen City Council finds that. the PUD Amendment proposal meets or exceeds all applicable development standards. Ordinance No. 44, Series of 2013 Page 1 of 3 WHEREAS, the City Council finds that this ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: General Development Approval Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves the following land use reviews: PUD - Other Amendment to amend the,approvals granted via Ordinance No. 25, Series of 2003. The amended site specific approval removes the following language, regarding the hotel portion of the St. Regis Aspen Residence Club and Hotel Condominiums, found in Section 1.10 of Ordinance No. 25, Series of 2003: "With this approval, the applicant shall commit to having the St. Regis Hotel open for business year around." Section 2: All material representations and commitments made by the-applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Aspen 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 3: 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• If any section, subsection, sentence,clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5• A public hearing on this or shall be. held on the 25th day of November, 2013, 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. Ordinance No.44, Series of 2013 Page 2 of 3 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 15th day of October, 2013 Attest: Kathryn S. Koch, City Clerk Steven Skadron, Mayor FINALLY, adopted, passed and approved this 25th day of November,2013. Attest: . Kathryn S. Koch, City Clerk Steven Skadron, Mayor Approved as to form: City Attorney Attached: Exhibit A: Full legal description of property Ordinance No. 44, Series of 2013 Page 3 of 3 t t Exhibit A Review Criterion Other amendment. An amendment found to be consistent with or an enhancement of the approved final development plan by the Community Development Director, but which does not meet the established thresholds for an insubstantial amendment, may,be approved, approved with conditions, or denied by the Planning and Zoning Commission, at a public hearing pursuant to Subsection 26.445.030.C, Step 3. The action by the Planning and Zoning Commission shall be considered the final action, unless the decision is appealed. Staff Response: The applicant is requesting the removal of language in the approving ordinance for the St. Regis Hotel(Ordinance No. 25, Series 2003) that requires the hotel portion of the development to remain open year-round Section 1,subsection.10 of the ordinance states "With this approval, the applicant shall commit to having the St. Regis Hotel open for business year around." The applicant is not proposing any changes to the Aspen Mountain PUD that will affect the permitted density, height, massing, or other physical variations such as that related to landscaping, lighting, open space, access or architectural character. The applicant is simply requesting to be permitted to take advantage of the slower business times during Aspen's off-season to temporarily close the hotel for maintenance purposes and to lessen the financial burden created through the need of a full-staff, utilities, etc. during these times of low hotel occupancy. Many hotels in the City ofAspen temporarily close during the off-season. The amenities,such as the restaurants, club,pool, and fitness center will remain open to the residents for private use during these times of closure, and the Remede Spa will remain open and available for use by both residentsand the general public. Staff does not believe that this request is in opposition to the approved final development plan for the Aspen Mountain PUD, and will not significantly change the St. Regis in anyway. Staff finds that the criterion for PUD—Other Amendment has been met. 1 , bit- ALAN RICHMAN PLANNING SERVICES, INC. P.O. BOX 3613 ASPEN, COLORADO 8.1612 970-920-1125 a { t [ June 19, 20139�¢ I�.f,tl' ,; l.`.), ..t1 Ms. Jennifer Phelan, Deputy Director City of Aspen Community Development Department 130 South Galena Street - - Aspen, CO 81611 RE: AMENDMENT TO PUD FOR LOT 1, ASPEN MOUNTAIN PUD-_.___ Dear Jennifer, 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 to eliminate one of the conditions of approval that was applied to this property when a portion of the hotel was being converted into timeshare lodge units. 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. Simon H. Prisk, an attorney, 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: Amendment of PUD Development Order.(Other Amendment). Ms. Jennifer Phelan June 19, 2013 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 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. 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 timeshare units are sold as 1/11 shares. This means that each share provides the owner with 4 weeks of use, for a total of 44 weeks that are being sold. The other 8 weeks of the year are not sold and are instead reserved for maintenance and similar activities or for rental on a walk-in basis to the general public. The property also contains a variety of accessory uses, . including the conference/meeting space and ballrooms, the spa, and a number of restaurants and retail spaces. Ms. Jennifer Phelan June 19, 2013 Page Three PUD Amendment The applicant is requesting a single change to the approved PUD for Lot 1 of the Aspen Mountain Subdivision/PUDE The applicant requests that Condition #10 of Ordinance 25, Series of 2003 be deleted in its entirety. This condition reads as follows: 90. With this approval, the applicant shall commit to having the St. Regis Hotel open for business year round. This condition was recommended for adoption by the Planning and Zoning Commission and imposed by the City Council during the land use application process. The condition was included in the P&Z Resolution and City Council Ordinance based on statements made by the applicant during the hearing process, in response to questions posed by the P&Z (see Exhibit #5, the minutes of the P&Z hearing at which this issue arose). The minutes indicate that P&Z commissioners were concerned about converting a portion of one of Aspen's largest hotels into a timeshare.operation and what this would do for the hotel's ability to offer conference spaces and have opportunities to rent to largerrgroups. During this discussion, the hotel's general manager stated that the hotel would be open year round and this statement was memorialized in the form of Condition#10. Condition #10 was not included in the approval based 'on any provision in the City's timeshare regulations that would mandate this operational practice. The Land Use Code does establish mandatory operational practices for a timeshare lodge, including the requirement that timeshare estates be made available for short term rental when the unit is not being occupied by the owner of the unit. The timeshare regulations also recognize the necessity of having an adequate maintenance and management plan for the timeshare dodge, which may involve closing all or a portion of the facility on an annual basis to ensure adequate upkeep of the property occurs. But there is no requirement in the timeshare regulations (or elsewhere in the Land Use Code) that would require a hotel to be open year round. In the. 10 Years since Condition #10 was applied to the property, it has proven to be a difficult commitment for the hotel to operate within. The condition has meant that the hotel must stay open for business;during periods of the year when visitation is very low, leading to exceptionally low occupancy rates in the hotel. The hotel has experienced occupancy rates that are so low that the cost to operate the hotel far exceeds any revenue it might generate because regardless of how few guests are present, there must be a core group - of employees on hand to operate the hotel. Furthermore, because the hotel has to stay open, the full complement of utilities must be kept operating, wasting energy and other valuable resources. This is not a recipe for maintaining a successful business over the long term. S Ms. Jennifer Phelan June 19, 2013 Page Four Most other hotels in Aspen close during the spring or fall off-seasons, allowing them to periodically complete maintenance projects that are best accomplished when there are no guests staying in the hotel. Closing the hotel also offers the opportunity for management to allow all of the hotel's employees to take a vacation at the same time. For those employees for whom tips are an important supplement to their hourly wage, working during the off season is not desirable because there are so few guests. Therefore, many of the hotel's employees would prefer to be able to take this time off. The applicant would like to have the opportunity to close the hotel portion of the Aspen Residence Club and Hotel during the spring and/or the fall off seasons. .Closure would likely occur for several weeks in late April/early May and again in late October/early November. The Residence Club would remain open while the hotel is closed. The Residence Club operates separately from the hotel and has its own reservation system, entrance, concierge and security. Therefore, the Residence Club would not have to close simply because the hotel is closed. Although occupancy of the Residences is similarly quite low during these periods, if there are owners who have purchased shares which include these off-season weeks, then the residential portion of the hotel would need to be kept. open for business year-round. Furthermore, as required by the City's timeshare ordinance, the timeshare units must be available for rental to the public during those times in which units have not been sold to owners. So the Residence Club will be kept open year round. But, as noted above, there is no requirement in the Land Use Code for the hotel units to be kept open year round and it is common practice for hotels both large and small to close for a portion of the year. In order for this change to occur, the approved PUD for the property would need to be amended. Section 26.445.100 of the Aspen Land Use Code authorizes amendments to approved PUD's. It provides for what are identified as insubstantial amendments (Sub- section A) and other amendments (Sub-section B). An "Insubstantial PUD amendment" is one which does not exceed any one of nine listed threshold criteria. An insubstantial amendment may be authorized administratively, by the Community Development Director. An amendment which exceeds the threshold criteria for an insubstantial amendment is considered to be an "other PUD amendment". When an "other PUD amendment" is found by the Community Development Director to be consistent with or an enhancement of the approved final development plan it may be reviewed and approved by the Planning and Zoning Commission. However, an "other PUD amendment" which the, Community Development Director finds is inconsistent with the final development plan requires review and approval by both the Planning and Zoning Commission and the City Council. 1� Ms. Jennifer Phelan June 19, 2013 Page Five The proposed.amendment does not qualify as an insubstantial PUD amendment because it exceeds threshold criterion A.9. This criterion states that any change that it is inconsistent with a condition or representation of the project's original approval shall not be considered to be an insubstantial amendment, Since the applicant is requesting to delete a condition of the original approval, this amendment cannot be considered to be an insubstantial amendment and instead is an "other PUD amendment". For this same reason it also cannot be reviewed and approved solely by the Planning and Zoning Commission. Rather, this type of amendment requires a recommendation by P&Z followed by a final decision by the City Council (steps 3 and 4 of the PUD review process). Other PUD amendments are subject to, review pursuant to the provisions of Sec. 26,445.050 of the Code, PUD Review Standards. These standards address.the physical character of a PUD, including its. dimensional requirements, site design, landscaping, architectural character, lighting, open space, utilities, access and phasing. None of these aspects of the PUD will be altered in any way by the requested deletion of Condition 10. The only change to the PUD will be whether there is a mandatory time period within which the hotel must be open each year. Therefore, the applicant has not provided responses to each and every standard of Sec. 26.445.050 as none apply to the proposed amendment. The applicant believes that there are benefits that will accrue not only to the St. Regis Hotel, but also to the community if the hotel is authorized to close during the off season. The benefits to the hotel are described above. The primary benefit is the ability to conduct maintenance and similar upkeep operations without subjecting guests to those activities. The hotel also gains the ability to choose not to remain open when occupancy rates are very low, thereby avoiding wasting energy and other valuable resources. The seasonal closure will also allow the hotel's employees to take a vacation during the off season so they can recharge their batteries for the next summer or winter season. An additional positive outcome to consider is that by closing the hotel during the off season the St. Regis will not be competing with other hotels in Aspen for the limited business that is present during those times of year. This means that those hotels that choose to stay. open during this period will gain business that otherwise would have gone to the St. Regis. Given the limited size of the visitation pie that is present during these seasons, it makes little sense to mandate that a business the size of the St. Regis stay in operation. All of us are aware that hotels in Aspen advertise particularly low rates during the off-season to attract locals and guests into their rooms so they can generate some revenue. Allowing the St. Regis to close during this period will keep its rooms out of this very limited market and allow hotels that want to stay open for business to do so more successfully. Ms. Jennifer Phelan June 19, 2013 Page Six 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 there is anything else that is needed during the review, process. Very truly yours, ALAN RICHMAN PLANNING SERVICES, INC. 4 Alan ichman, AICP EXHIBITS f +raa v.n cu nu wa ru.0 v J�acca au vt.iw .0.moo c++a�wv+a .l.Ir YT YT.Jaav�raJpJ1/�++•w++va �c � g Y Resort(http://www.stregisaspen.co ) kifthh2uest Rooms=(http://www.stregisas n.com/guoa(-rooms/) ` i -(eatured3) Home(http://www.stregisaspen.com) /Aspen(http://www.stregisaspen.comlaspenl ! Reservations Getting Here(http:/Avvm.stregisaspen.conVaspen/getting-here !Map Checkfn pp�� 08!18/2013 U Check Out GETTING HERE (HTTP:IIwWW.STREGISASP a t 08/20/2013 IASPENIGETTING- -qy HERE!) Room(s) AdLits Per ROOM Air Services ;� - =•'�Mafn St I (htlp:Nwww.stregisaspe 'E$4',1ker /aspen/getting- Paepc�re.. Park, FIS H O Reserve{) here/air- Z17 �1ka/nS services!) v, - -- wFDriving ; /{ °? �oPklnaRYe Best Rates Guaranteed. {http./Avww.streglsaspe "' Yman^ye Plus Earn Sterpointsm 15 LcGo (https!/Awm.starwoodhotels.com /aspen/getting a pr Ave. y �HYrh Ay4. lbestratanndex.html) here/driving/} _ ,, 1Yagn&Cruk y F Map •�. .t (http:/lwww.stregisaspe - CO�nQt A ,� p0pr�erAve /aspen/getting- .7 here/maps _ Or r�nrgve ti _ a Dead St z - Ct4 9� '? 'SjlS, 'V '7 o �S ®2o�eG�ooae- Vq J Mep data 02013 Gooye- Av 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 Wage boast four major ski areas,the highest concentration in all of Cotorado.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 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 1 EXHIBIT #1 THE RUCHELMAN LAW FARM Architects and designers Building The Exchange Tower Attorneys at Law 150 East 585 Street,22nd Floor 1 30 King Street West,Suite 2300 New York,New York 10155 PO Box 233,Toronto,ON M5X 1C8 Tel.212-765-3333 Tel.416.350.2026 June 11,2013 315 East Dean Associates,Inc. C/o St. Regis Aspen Resort 315 East Dean Street, Aspen,Colorado, 81611 Attn;Iv11•.Joel Hocknell Re: St. Regis Aspen Dear Joel: Further to our recent correspondence, I confirm that I have reviewed the relevant property records and determined that 315 East Dean Associates,Inc. is the owner of the property located at 315 East Dean Street in Aspen, Colorado. PIease contact me with any questions. Sincer ly, Simon H. Prisk ' J 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 rDirector 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 Sincere 31 Dean Street Associates Joel Hocknell, Director of Development Services 315 East Dean Street Aspen, CO 81611 970-948-9354 EXHIBIT#3 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Claude Salter—970.429.2752 DATE: 5.24.13 PROJECT: 315 E Dean, Lot 1 of the Aspen Mountain PUD/Subdivision REPRESENTATIVE: Joel Hocknel TYPE OF APPLICATION:. Other Amendment DESCRIPTION: The proposal is amend an item in Ordinance No.25 (Series of 2003) Section I, item#10, requires_ the St Regis Hotel to be open for business year round. The applicant would like the ability to close the hotel for off seasons. The Applicant will need to submit a Land Use Application requesting an Amendment to Ordinance No. 25 (Series of 2003).This type of amendment, an Other amendment, is a one-step review before P&Z and City Council. Below are links to the Land Use Application form and Land Use Code for your convenience. . Land Use Application Form: Land Use application Land Use Code: Land Use Code Land Use Code Section(s) 26.304 Common Development Review Procedures 26.445.100 Amendment of PUD development order 26.445.100(6) Other Amendment Review by: - Planning Staff for compliance/completeness - Planning and Zoning Commission - City Council Public Hearing: Required Planning Fees: $10,400 Deposit for 32 hours of staff time. Additional staff time required is billed at $325/hour Referral Fees: none. Total Deposit: $ 10 400. Total Number of Application Copies: Ten (10) for Council and P&Z total To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. 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. 4. Copy of all relevant past approvals 5. Completed Land Use Application. 6. Signed fee agreement. 7. Pre-application Conference Summary. 8. 'An 8 1/2"x 11" vicinity map locating the subject parcel within the City of Aspen. 9. 'Proof of ownership. 9. A written description of the proposal and a written explanation of how a proposed development . complies with the review standards relevant to the development application. 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 484485 111111 IIIA 111111 111111 I li lllil ll11111111111111111111108/25/2003 10:46A SILVIA DAVIS PITKIN COUNTY CO R 28.00 D 0.00 ORDINANCE N0.25 (SERIES OF 2003) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCILO APPR VING 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 ul a minimum of 1/1 l`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, t 484489 2 0f 5 OB/2 6/26/2003 10.4 SILVIA DAVIS PITKIN COUNTY CO 6A a ze.ee o e.ee 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 Conununity 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, THEREI+ORE BE IT RESOLVED BY THE ASPEN CITY COUNCIL THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Aspen City Council approves the PUD Amendment, GMQS Exemptions, Timeshare, and Subdivision,subject to the following conditions: 1. The building permit application shall include: a, A copy of the final Ordinance, b, The conditions of approval printed on_the cover page of the building permit set, c. A traffic management plan that addresses issues such as construction worker parking and hauling routes. 2. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. b. All tap fees, impacts fees,and building permit fees shall he 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 Page: 3 of 484489 I III IIIII�lll�ll III Il�l�llll�ll!ll��II�Illl l� i 06/ � 25/2003 10:40A llllll�l 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 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 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. I , Big 484488 1111111111111111111111111 @6/25/2 0f 6 . 20. 2@ 3 10,48R SILVIR DAVIS PJTKJN COUNTY CO 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(0). 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: Page: 5 of 5 484489 08/23/2003 le:40A SILVIR DAVIS PITKIN COUNTY CO R 28.00 D 0.00 All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Planning and Zoning Commission or City Council,are hereby incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as hereinprovided, and the same shall be conducted and concluded under such prior ordinances. Section 4.- If :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, INTRQDUCED,READ AND ORDERED PUBLISHED as provided by law, by the City oWci�"c City of Aspen on this l 2thh day of May,2003. ��'•,mac• Katlat" t bch, y Clerk 1.1'ele Klin ud,Mayor P7NALLY,ADOPTED,PASSED,AND APPROVED this 9h day o June,2003. NOF 43 l` City Clerk Heien Ka in enI Mayor APP OVED AS TO FORM: to oreestor, City Attorney T EXHIBIT#5 ASPEN PLANNING & ZONING COMMISSION-Minutes—APRIL 15,2003 CONTINUED PUBLIC HEARING (03/18103): EXIUDIT F P&Z n'IlrgU'rES ST.REGIS PUD AMENDMENT TIMESHARE Jasmine 'Tygre opened the continued public hearing for the St. Regis PUD amendment and timeshare. Gideon Kaufman, representative for the applicant, stated that most businesses that are vital and viable over time have changed with !. the times for the new Aspen reality, economy and travel industry, Kaufman stated i that their proposal will demonstrate clearly and unequivocally increase in occupancy during those shoulder seasons; the proposal represents change in a positive way to help the economic viability of the St. Regis as well as the community in general, Kaufman stated that the St. Regis will continue to remain the largest hotel'in Aspen; the ballroom has become a real Aspen cultural amenity will be preserved and unchanged. Kaufman said that meeting space necessary to accommodate all of the current conferences will be preserved and in fact.it will have the ability to have more flexibility with the meeting rooms and space, which will be a result of this renovation. Kaufman noted a spa approval was.being sought, which the applicant believed will help generate new business and reverse the trend of lost business to other hotels and other resorts. Kaufman stated the proposal would promote more off-season business thus achieving one of the original goals of the hotel. Kaufman said that the fractional ownership will have the Starwood brand attached to it combined with a spa, which will provide higher occupancy not only for the fractional ownership but also for the remaining hotel rooms. Kaufman introduced Richard McLennan, the general manager of the St, Regis. Richard McLennan provided charts coriceming the trends that have taken place in i the past few years. McLennan said this presentation was a result of the considerable changes in the market since the hotel opened. The charts provided revenues, tax dollars for the city, competitive set comparisons, comparison of spas in other ski areas, lost business and tax dollars, meeting space changes, spa footprint and conference meeting room usage specifics. The existing ballroom (9,000 square feet) would be revamped for the ability to break out half of the ballroom into 3 rooms with an additional 4,500 square feet of flexible meeting room space allowing for 20,800 square feet of meeting space not including the 3 new breakout rooms in the ballroom and the 3 existing smaller conference rooms would be replaced with the spa. Roger ilaneman said that previously it was stated that 80% of the conferences would be retained; lie asked why has the number changed to 100%. McLennan replied the previous,reference was to rooms not meeting space; the 20% was existing business, which currently overflotivs to the Jerome and Little Nell. McLennan said that the 3 hotels share business with certain groups with a town 5 4 ASPEN PLANNING &ZONING COtYX1VIISSION -Minutes—APRIL 15 2003 wide event rather than only a hotel. Kaufman noted Comedy Fest was a community wide event that meeting space was provided along with some rooms. McLennan said that HBO and Food and Wine were community events that Handling, Fortune Magazine ation Ha g everyone benefited from in addition to Inform g, and ESPN, which are all split between the Jerome, Nell and St. Regis. Haneman S 1? asked why it was necessary to keep the administrative staff on premises rather than move them off site and retain the meeting space. McLennan answered that the office space was in an un-saleable space area, which was an underground level; Sales,Accounting, Marketing and HR need to be on site for the daily operations of the hotel. Jack Johnson asked if there was ever a conference that used all the current conference space. McLennan responded that the most conference space ever used was the 20', 263; some of the groups stay over 10 days. The configurations.of groups were very diverse; for Food and Wine 2 groups utilized eighty rooms and the rest was transient. Johnson asked about the ballroom being used for HBO. McLennan replied that typically 2 events would go into the ballroom and some of the raw space above Aspen Sports was used instead of turning over a hotel room. McLennan said that the entire ballroom was only used for community events. Haneman asked of the groups listed how long have they been coming and how long were they committed to corning back. McLennan answered that it varied from group to group; some were 3 to 4 years, Eric Cohen asked what percentage of the $10,000,000.00 in lost revenues were hotel room sales versus conference room sales. McLennarx replied that if was hotel rooms and food and beverage sales without any lost retail or restaurant business; the average expenditure was $700.00 to $1,000.00 a night. Haneman asked if the lost business was tracked by the date the contract was signed or the date arrived. McLennan responded it was the date the event actually took place. McLennan stated that was lost business only far lack of a spa location and does not represent other lost business that the hotel tracks. Kaufman introduced Matt Averil, the senior vice-president managing director for Starwood'Vacation Homes, a subsidiary of Starwood Hotels and Resorts, which is the largest hotel company in the world. Matt Averil said that the interval occupancy stabilized the occupancy rates, higher traveling party size and higher discretionary spending that occupied these types of units, Averil utilized charts for the general occupancy in interval ownership in Orlando Florida and Vail Colorado. Averil also provided the occupancy figures in Avon, Orlando and Vail. Averil said that occupancy gets created`4 ways in an interval property (1) the owner use (2) 6 ASPEN PLANNING & ZONING COMMISSION-IWnutes—APRIL I5 2003 exchange companies that provide or honored guest program for trade-out(3) rent unit (4) give to friends and family members. Haneman asked the type of ownership for the-Vail Valley property and where the owners came from. Averil replied that it'was weekly interval ownership, 51 weeks and the owners came from the west and the Front Range, Dylan Johns noted the Hobson/Ferrani reports talked about the timeshare market in Telluride, which was overbuilt in the timeshare area; he said this was a concern with the trends from the last few years of marketing timeshares and asked when it would become overbuilt. Averil responded that their Orlando market was said to be overbuilt but it was the number one timeshare market in the world; the consumer and community will decide when the market was full. Averil felt comfortable with the benefit of the spa, 25 units with a branded benefit and the proximity of the town to be attractive to the consumer. Johns asked the typical demographics of the buyers. Averil replied that the average age was 45 to 55: Johnson asked if there were any other St. Regis fractional-ownership hotels. Averil responded that this would be the first one for the St. Regis but they were doing an upscale Westin on Maui being sold at$60,000.00 a week, which were sometimes bought at 4-6 weeks for oceanfront time in,Maui. Johnson asked what the fractional costs were going to be for this St. Regis. Averil answered that this project was an l l`", which was.a 4 week ownership including summer, winter and midterm beginning in the upper $200,000.00's for the 2 bedroom;depending on the upper floors, with holiday time there were ways to gain other advantages. Kaufman stated that the sofa beds do not count for original bed count. Johnson asked at what price point.would the St. Regis refuse to sell,the hotel rooms. Averil said that they will sell hotel rooms in the off-,season as low as $150.00; the best comparison was that the suites typically sell rom $250.00 in the off-season to upwards of$700.00 in high season, the fractional units would be comparable. Cohen asked how the price of$150,000.00 came into the equation. Averil replied that would be for a biennial fractional interest. Kruger asked the number of timeshare units in the Starwood system, Averil replied that there were about 4500 timeshares and Andrew Katz responded that there were 122,000 units in the Starwood Resorts. Kruger asked how the 24 or 25 rooms to be time-shared were ascertained, Averil answered that the high-end luxury fractional consumer with a high level of hands on, high-touch service drove this limited market. Kruger asked if they were familiar with the laws here and how they differed from those in Vail. Averil replied that he was familiar with the differences. Kruger requested the sale tools. Averil answered that it would take on 2-3 months with a ASPEN PLANNING & ZONING COMMISSION -Minutes—A,PRII, 15, 2003 dialog and relationship with only 6 sales people on site. Kaufman stated that they would comply with the city timeshare ordinance on marketing the product. Public Comments: Bill Tomsich, president of StayAspenSnowmass, relayed comments from Eric Calderon, general manager of the Little Nell, that the guests expressed the desires for expanded spa facilities. Tomsich said that Tony DiLuca, general manager of the Hotel Jerome, expressed his intention to have a relationship with the St. Regis for overflow business on larger groups as it relates to all three of the properties working together to accommodate the demand. Tomsich supported the project, MOTION: Eric Cohen moved to extend the meeting to 7:15 pin; . seconded by Ruth Kruger. DENIED 3-3. Gideon Kaufman appealed to the commission to extend the meeting since this was the second time that they were continued, Jasmine Tygre stated that she had to leave at 7 pm and Eric Cohen would take over as chairman. INIOTION: Eric Cohen moved to.extend the meeting to 7:15 pm; seconded by Ruth Kruger. APPROVED 4-2. Tygre thanked the applicant for the thoroughness of the presentation with much valuable information and she stated that she had no problem with this application. Haneman said that his initial complaint remained with the,original hotel that insisted on having as many rooms as it could with 257 and that cutting 78 rooms with this new proposal was not what the voters asked for during the approval. Haneman said after this approval there would be 179 hotel rooms left. Kruger said that the finishing of the rooms in the raw space was an asset to the commwnity. Kruger agreed with that it was extremely important to keep up with the times and changing trends of the hotel industry. Kruger said that the amount of money that the St. Regis invested in the spa would be good for town and she supported this project. Johns stated that the last meetings figure of the 80%conference space being retained was of concern but with the historical conference data supplied that supported the need for 20,500 square feet of conference space became less of a concern for him, Johns still questioned if loosing hotel rooms to time share would either help or hurt in the long run and felt to also was important to stay abreast of the times as far as the travel industry. Johns said that he supported this project. Johnson notedthat he reviewed the project and learned that it was very controversial even through two-thirds of the voters accepted it because of the 8 ASPEN PLANNING & ZONING COMMISSION -Minutes---APRIL 15, 2003 conference facilities. Johnson stated concern for the loss of conference space and the size of the spa at nearly the size of the conference space. Johnson stated that he was reluctant to make significant changes to a controversial project that go against specific representations that were made that won the town over to the project. Johnson said that he was reluctant also to have the Aspen St. Regis be the test case for time-share. Cohen stated that the spa was a great idea and necessary for a hotel of that caliber to have but the timesharing was difficult because.of the 25%reduction in hotel rooms for the largest hotel in town. Cohen said.that like infill, the public did not attend the P&Z public hearings but turned out in force for the council hearings. Cohen noted that talk on the streets was that this town was being time-shared, Cohen reiterated that he had a hard time with the substantial�reduction of hotel room for the premier hotel in town, Kaufman stated,that the Hobson/Ferrani report stated in a memo that updated annual occupancies of fractional residence club at Rocky Mountain Ski areas and clarify the characteristics of properties in the March 2002 overview., Further the updated memo provided numbers that were realistic regarding this project and this Product, which average 80! occupancy rate in thewintr, 70/ in the summer and 20% in the shoulder seasons. Kaufman said that Aspen, Snowmass and Lake Tahoe attract a larger number of visitors,particularly skiers, have higher occupancy and the St. Regis could have higher occupancy levels than other residence clubs surveyed. The well-managed rental program coupled with the additional advantages of the 5 star brand, excellent location, the hotel and new spa confirmed the report. Kaufman said that the St. Regis was taking the risk on the generation of the new spa and hot beds to generate occupancy keeping the conference facility with new amenities'to accommodate the changes needed. MOTION: Ruth Kruger moved to extend the meeting another 15 minutes; seconded by Roger Haneman. APPROVED 5-0. Cohen asked if this proposal was approved would the hotel stay open year round instead of the hotel closing during certain times of the year. McLennan replied that the packages for the off-season would be very competitive in price; the spa was a reason to come to Aspen to have the'spa experience in the same hotel that you are staying. McLemian said that resort destination hotels with spas experience any upwards of a 12% increased occupancy rate over destination resorts without spas. Cohen asked if the applicant was making a representation that the hotel would be open 52 weeks a year, McLennan responded absolutely. Cohen said that would be a benefit and the town may be timeshared out; he was trying to find the positives of this project. Kaufman reiterated that the representation for the record was part. 9 1 y. ASPEN PLANNING &BONING COMMISSION 411n i� tes— APRIL 15,200 of the condition of this approval that when the fractional ownership was sold the hotel would corn nit to be open year round, Johnson asked what hotels have been converted to time-share: Allgaier responded that the new Boomerang, the Residences at the Little Nell and Grand Aspen Hyatt. There was discussion of opening the spa up to the public with concerns for the competition with the.Aspen Club, additional trip generation based on local migration to a facility of that nature, but sharing with the guests from the Jerome and Little Nell. Johnson, asked the number of people that Gould utilize the spa facility, McLennan said that the spa would have 18 treatment rooms in addition to a salon, boutique, sauna and hot tubs. Kruger asked the number of days a year the hotel was absolutely full, McLennan replied anywhere between 30 and 40. Kruger said with the roam reduction it was about a 70%reduction; she asked how often was the hotel above 70% full, McLennan answered that he did not want to throw out a number that was not correct without researching the assessment but the fractional ownership rooms would also be rented as hotel rooms on a short-term basis. Kruger asked how many people would be turned away by reducing the number of available rental rooms. McLennan responded that some people would be turned away at peak times but he didn't think that it would be a significant loss. McLennan noted that between the Regis, Nell and Jerome business was shared all the time; he said of all the places that he has worked he has never experienced this level,of cooperation between three hotels. Cohen asked in the case of a timeshare unit, if it were vacant would a walk-up guest be able to rent that unit for the night, Allgaier responded that according to the time-share ordinance, it would be as close to a lodge as possible. Averil said that the answer was yes; in the filing there was a 30-day notice,period for the rights of occupancy to confirm the use and then the unit would be able to be rented like a hotel, Haneman stated that he took exception to every instance that was brought up if it was contrary to what the applicant was looking for it was an exception whereas the examples provided by the applicant were picture perfect text book of what will be occurring in Aspen; he had difficulty with the comparison of the Vail project with a 1/50 share to show occupancies similar to Aspen when Vail was 2 hours from the nearest metropolitan area and Aspen was 4 hours. Haneman stated that Aspen was 4 hours just as Steamboat was,.with the same number of people at 5,000 residents. Haneman said the management could make all the difference. 10 ASPEN PLANNING & ZONING COMMISSION -Minutes—APRIL 15,2003 MOTION: Ruth Kruger moved to approve P&Z Resolution #10 and recommend City Council approve the a PUD Amendment; Growth Management Quota System Exemptions,Timeshare, and Subdivision to convert 98 existing hotel rooms.into 24 timeshare lodge units and one residential unit, to convert a portion of the existing meeting room, hotel office, and accessory space on the Ballroom Level into an approximately 15,300 square foot spa amenity, and to convert the existing spa facility on'the Second Level of Building B to relocated hotel offices; subject to the following conditions: 1. The building permit application shall include:(a)A copy of the finul Ordinance and recorded P&Z Resolution,(b)The conditions of approval printed on the :over 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()'Vater Conservation and Plumbing Advisory Code)of the Aspen Municipal Code,as required by the City of Aspen Water Department, Based on the sprinkler requirements of the Fire Department?a new and larger water tap way 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). bar and a. A rounded to all timeshare units and totheince p Accessibility shall be j ess Y P Temporary Certificate of Occupancy(TCO)may be issued subject to safety 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 he adopted International Fire Code. The applicant shall submit a complete set,of fire sprinkler and alarm plans to the Fire Department,Water Department and Sanitation District prior to sign-off of building permit. In addition,the applicant shall comply with new regulations . requiring sprinkler heads that provide a larger flow that may impact the plumbing design,. the sire 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 operation's. 3. Per the Aspen Pltkin County Housing Authority Board approval of the application on lYlarch 5, 2003,the applicant shall conduct an audit,based on the standards of the previous audit(of Section B-4G of the 1"Amended and Restated Subdivision Agreement,recorded In Book 574,Page 732 of the Pitkin County Clerk and Recorder),immediately after one full fiscal year following the issuance of a certificate of occupancy for the proposed new spa facility, hotel rooms,timeshare units,and residence under the following terms:(a)The applicant shall retain an auditor and shall gain prior approval from the Housing Office Operations Manager for the selection of the auditor.(b)The applicant shall be fully responsible for all fees associated with retaining an auditor,4.Should the housing audit show an increase in the number of employees,the applicant shall return to the);lousing Authority under the following terms: (a)The applicant shall provide deed restricted,affordable housing for any additional employees of the new facilities.(b)The applicant shall abide by the Aspen/Pitkin . 11 ASPEN PLAIYNING & ZOiYING COr,Ii IISSION i<'Iiputes—APRIL 1S 2003 1 County Affordable Housing Guidelines in effect at the time of the audit.'S. Final Condominium llec[arations 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 a'vallable 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 j units to such arrangements as only weekly zentals 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 i not so reserved.(d)The owner of a timeshare estate shall not be permitted to occupy that estate for any period in excess of 30 consecutive calendar days,(e)The owner of a timeshare estate shall be prohibited from storing a vehicle in a parking space on-site when the owner is not using that estate. 6. The timeshare lodge units that remain in the developer's.inventory shall be made avaflable 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 tine 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(0,). 9. The applicant shall file a Notice of PUD in the Clerk and Recorders office of Pitkin County subsequent to receipt of a development order,or prior to issuance of a building permit.10. With this approval,the applicant shall commit to having the St.Regis Hotel open for business year around. Seconded by Roger lianeman, Roll call vote: Johns, yes; Johnson, no; Haneman;no; Kruger,yes; Cohen, yes, APPROVED 3-2. PUBLIC HEARING: CENTENNIAL PUD AM_ENDtMENT Jasmine Tygre opened the public hearing for Centennial. David Hoefer stated that the notice was provided but the mailing and'list needed to be.provided. MOTION: Ruth Kruger moved to continue the public hearing on the Centennial PUD Amendment to May 6, 2003; seconded by Roger Haneman. APPROVED 5-0. Meeting adjourned 7:40 p.m. t ckie Lothian, Deputy City Clerk 12 8e (Auq 2 f y RECORDING REQUESTED BY - AND WHEN RECORDED RETTIRN TO: JJ jj j 506240 Starwood Hotels&Resorts Worldwide,Inc. I�[f I Page: i 05 8 I�[I[1I[[��Illffl[[ � Il�lf[IIIII[1f[l! st,z1,2e. . SILVIR DAVIS PITKIN.000NTY co 05 t0.431 1111 Westchester Avenue It 4t.ee o 0.09 White Plains,NY 10604-3500 Attention: General Counsel HOTEL AMENITIES USE AND ACCESS AGREEMENT (Aspen Residence Club and Hotel Condominium) This Hotel Amenities Use and Access Agreement (this "Agreement") is made this 7 day of ''A�_4,r 2005, by and between SLT Aspen Dean Street, LLC, a Delaware limited liability company (the "Hotel Owner"),and St.Regis Residence Club of Colorado,Inc.,a Colorado corporation(the"Club Developer"). Hotel Owner and Club Developer are sometimes referred to collectively in this Agreement as the "Parties" and individually as a"Party" RECITALS A. Hotel Owner is the owner of a luxury hotel known as the St.Regis Aspen Hotel(the"Hotel")as more particularlydescribed and shown as the Hotel Unit on the Condominium Map for Aspen Residence Club and Hotel Condominium (as supplemented from time to time, the "Condominium Map"), recorded on 5�PA-'4) , 2005 at Book_ "J / ,Page , and in the Declaration and Plan of Club Ownership for Aspen Residence Club and Hotel Condomi,�'uIm (as amended frog time to time, the "Condominium Declaration") recorded on / ,2005 at l e3'ek ,all in land records of Pitkin County,Colorado. The Hotel Unit currently contains the following amenities:an outdoor heated swimming pool and fitness center containing a weight room. The above listed amenities (as may be modified or replaced from time to time by the Hotel Owner in accordance with Section 4 of this Agreement) shall herein be referred to as the "Amenities". Club Developer has developed a fractional club project consisting of residential condominium units in which fractional interests will be marketed and sold, as.more particularly described and shown as "Club Units" on the Condominium Map and Condominium Declaration. B. Club Developer desires to secure rights in favor of Club Unit Users to use the Amenities upon and subject to the terms and conditions set forth in this Agreement. Hotel Owner desires to grant such rights to stimulate patronage of the Amenities by the Club Unit Users upon and subject to the terms and conditions set out in this Agreement. NOW THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. Definitions. In this Agreement,the terms defined in Exhibit"A"shall have the respective meanings set forth therein. 2. Grant of Rights. Hotel Owner hereby grants to Club Developer, for the benefit of all Club Unit Users,a license to access, use and enjoy the Amenities in common with,and in accordance with,the Policies and Procedures applicable from time to time to Hotel Guests. Such license shall be an irrevocable license except to the extent expressly provided in this Agreement. Hotel Owner may suspend a Club Ultit User's privileges under this Agreement for any violation of Policies and Procedures or other wrongful conduct on the same basis as for Hotel Guests, A Club Unit User may exercise such right, liberty and privilege only during,or in connection with,the period When such Club Unit User is in occupancy of a Club Unit or any portion thereof. Except as otherwise provided herein, neither Club Developer, nor any person claiming rights through it or under it,including,without limitation,any Club Unit User,shall have or t CO_DOCS_A#151607 v3 F:1NspenlTitle Maltersl0ocsIH0TEL AMENITIES USE&ACCESS AGMT 12-29.04,DOC ME COMPANY of mE RF)IJt C. Owner Information Page 103 506240 01/21/2005 10:431 SILVIA DAVIS PITKIN COUNTY CO R 41.00 D 0.20 Claim,at any time,any interest or estate of any kind or extent in the Amenities,in the income or liabilities associated with such.Amenities,or in the income of Hotel Owner. This provision is intended to constitute a general irrevocable, license and not a grant of any exclusive or non-exclusive right to any specific portion of the Hotel Unit. 3.Amenities Fee Hotel Owner shall be entitled to charge the Association a reasonable and proportionate share of the actual costs of operating, maintaining and repairing the Amenities. The fee for the year 2005 shall be THIRTY SIX THOUSAND NINE HUNDRED AND SIXTY DOLLARS ($36,960). Hotel Owner or Hotel Manager may adjust this fee annually on the same percentage basis as the percentage change in the total cost of operating,maintaining and repairing the Amenities,excluding costs related to the Hotel Owner's sole use of the Amenities. The total operating, maintenance and repair costs shall be reasonably determined by Hotel Owner or Hotel Manager on an annual basis in accordance with generally accepted accounting principles. Such percentage change shall be measured based on the total costs to operate, maintain and repair the Amenities beginning. August 1 and ending July 31 of each year,as compared with the total cost to operate,maintain and repair the Amenities over the same time period in the following year. The percentage change in the Amenities Fee for 2006,for example,shall be determined by the percentage change In the total cost of operating, maintaining and repairing the Amenities as measured from the time period of August 1,2003 until July 31,2004(2003/2004 Year)as compared to the total cost ofoperating,maintaining and repairing the Amenities from August 1,2004 through July 31,2005(2004/2005 Year). Therefore,if the total costs of operating, maintaining and repairing the Amenities between the 2003/2004 Year and the 2004/2005 Year Increase by a percentage of 3%, the Hotel Owner shall be entitled to increase the 2006 Amenities Fee by 3%, so that the Association's reasonable and proportionate share of the Amenities Fees in 2006 would be$38,068.80. To the extent the Hotel Owner elects to close the entire or a portion of the Amenities for group use,special events,or otherwise for the Hotel Owner's sole use as permitted herein,the Hotel Owner and not the Association shall be responsible for costs applicable to such use or event during the period of closure. Either the Hotel Owner or the Association may seek a re-determination of the Amenities Fee amount to reflect the then actual costs of operating,maintaining and repairing the Amenities(determined in accordance with generally accepted accounting principles) and the Association's proportionate share thereof. Neither party may seek a re-determination within two years from the date of the last re-determination,unless such re-determination is required to reflect a substantial modification or alteration of the Amenities since the last re-determination of the Amenities Fee.The first re-determination shall not be held any sooner than January 1,2007.In order to commence such a re-determination,the party seeking.the re-d6termination must give the other party at least 90 days notice that it is seeking a re-determination. In the event the parties do not, within thirty(30)days of such notice,agree on the new Amenities Fee,either party may,at any time thereafter,submit such matter to binding arbitration in accordance with Section 12 of this Agreement. Club Developer acknowledges on behalf of the Association that the Amenities Fee covers only the general use of the facilities constituting the Amenities. Club Unit Users may be charged additional fees for associated services and products (such as, by way of example and not limitation, for fitness or aerobics classes,personal training,snacks and beverages,etc.)on the same basis as Hotel Guests. 4. Performance Standards, The Amenities will be maintained and operated in good condition and repair. Notwithstanding anything in this Agreement to the contrary, Hotel Owner may from time to time alter, modify, replace, relocate, enlarge, discontinue or temporarily or permanently close the Hotel and/or any of the Amenities provided that the Amenities to which Club Unit Users have rights under this Agreement shall remain available to the Club Unit Users to the same extent such Amenities continue to be used in the operation of the Hotel and made available to Hotel Guests, 5, Access to the Amenities. Club Unit Users shall have access to, use of and enjoyment of the Amenities, subject to(i)closure of the entire or a portion of the Amenities from time to time for.group use and special events, and for maintenance and repairs,(ii)space availability,as reasonably determined by the Hotel Owner or Hotel Manager,and(ill)the Policies and Procedures of the Hotel Owner,-provided that any restrictions on access or use of the Amenities shall apply equally to Club Unit Usors and Hotel Guests. 2 CO DOCS A#161607 v3 R%AspenlTille Maltersl0cos1ii0TEL AMENITIES USE&ACCESS AGMT 12.29.04.DOC owner Information Page 104 506240 111l111l11111111111 1111111111111111 01/21/2005 10:431 11411111!11 l 1 1111111 s0 6. Term:Termination. SILVIA DAVIS PITKIN COUNTY CO R 41.00 D 0. The use rights granted by Hotel Owner with respect to the Amenities shall commence on the date that a Club Unit in the Club Project is first occupied by a Club Unit User and shall not expire unless the Condominium. Declaration is terminated and a substantially similar plan is not re-imposed on the Club Units and Hotel Unit within 60 days of the termination of the Declaration.The Association may terminate this agreement upon the affirmative vote of three quarters of the total number of voting interests held by owners of Club Interests. 7, Insurance•Indemnification. The Hotel Owner shall maintain a policy or policies of general liability insurance covering the Hotel Unit appropriate for its operations in its sole discretion. The Hotel Owner shall cause such policy or policies to be amended to name as•additlonal insureds with respect to the exercise of the use and access rights granted under this Agreement, the Club Developer (so long as the Club Developer retains any interest in any Club Interests), the Association Manager and the Association. The Hotel Owner shall from time to time provide evidence of coverage as the Club Developer(if applicable), the Association Manager or the Association shall reasonably request. The Hotel Owner shall not be obligated to maintain a greater level of insurance coverage(s)with respect to claims by Club Unit Users than it does with respect to claims by Hotel Guests. The proportionate cost of providing such insurance shall be a cost of operating the Amenities, 8. The St Regis Name and License. Hotel Owner has a licensing arrangement("Hotel Licensing Arrangement")with The Sheraton Corporation ("Licensor") to use the name "St. Regis" ("Brand") and all service marks and trademarks associated therewith ("Marks") in connection with the operation of the Hotel Unit. In addition, the Club Manager has a licensing arrangement("Club Licensing Arrangement")with Licensor to use the name"St.Regis"and,as a consequence,the Club will be designated as a St. Regis vacation ownership resort during the term of the Club Licensing Arrangement. Neither the Association nor Club Unit Users have,nor shall Association claim on its own behalf or on behalf of the Club Unit Users, any right,title, or interest in the Brand,Marks,Hotel Licensing Arrangement or the Club Licensing Arrangement,and neither Association nor the Owners are third party beneficiaries of the Brand, Marks,Hotel Licensing Arrangement or Club Licensing Arrangement,intended or otherwise. 9. Notices. (a) Any communication,notice or demand of any kind whatsoever which either Party may be required or may desire to give to or serve upon the other shall be in writing and delivered by personal service (including express or courier service),.by facsimile (if confirmed in writing sent by overnight courier or by registered or certified mail, postage prepaid, return receipt requested), by a reputable national or international overnight courier such as Federal Express, or by registered or certified mail, postage prepaid,,return receipt requested,in any case addressed as follows: (i) If to Hotel Owner: SLT Aspen Dean Street,LLC c/o The St.Regis Aspen Hotel 315 East bean Street Aspen,Colorado 81611 Attention: Hotel General Manager Fax: (760)770-2155 With a copy to: 3 CO_DOCS11#151607 v3 F:1AspenlTiOe MaiterslDocMHOTEL AMENITIES USE&ACCESS AGMT 12-29-04.DOC Owner Information Page 105 f 8/23/33 9;52AM J✓. ST REGIS ASPEU RESIDENCE CLUD - Il 1NOTTCC:The public hearing date for the requested PUD amendment to allow seasonal closure of the Hotel has been changed from September 3,2013 to September•171 2013. Dear(FirstName)(WtName), Please be informed the Aspen Planning and Zoning Commission public hearing has been rescheduled for Tuesday, September 17,2013 at 4:30 p.m.The meeting will be held at City Hail In the Sister Cities Meeting Room,130 S.Galena Street,Aspen,Colorado.If you are unable to attend the meeting,please submit questions or comments to Sara Nadolnyat sara.nadolnvfdcihofasnen.com at the City of Aspen Community Development Department no later than September 11, 2013.All queries will be included in a report to the Commission on September 17.Click here to view the revised public notice. If the proposed amendment Is approved,guests of the Residences can expect the following amenities and services: To be greeted by a bellman at the front drive and%v0comed through the main entrance.The bellmen will assist with luggage and the check-in experience. •In-Residence dining options Guests of the Residences will enjoy private access to the Shadow Mountain Lounge. Cocktails and breakfast in the Member's lounge" Access to pool and hot tubs 24-hour Security On-call Engineering staff Housekeeping •Concierge Lockerstorago Rally o room Rentede(SSpa,with limited daytime hours,which will include access to the specialized amenities like Access to the fitness center Transportation to the airport as well as around town •Guests of the Residences can expect full access to the management team who will continue to be available throughout any closure of the guestrooms. We will continue to keep you updated on the results of the hearing.As always,please feel free to contact Member Services should you have any questions at 666 776 9637. Sincerely, Member Services "Date is subject to change, •'Depending on the availability of the resort food and beverage outlets. u>r;x .,,,t;,:-c1 fx'ii �;'r.•.s w7cnn .n°)",ik9:. 9 SP91S!r-r,r.ki 1 SPG,Preferred Guest,Starpoints,Stanvood Residence Club,Aloft,Element,Four Points,Le Maridlen,Sheraton,St. Regls,The Luxury Collection,W,Westin and their respective logos are the trademarks of Slarwood Hotels&Resorts - Worldwide,Inc.,or its affiliates. To ensure you receive your Stanvood Residence Ciub emails,please add ma.nb rservice•�sla n•;)odresidenceclub.com to your address book. you are subscribed as(E MallAddr) _ See our Privacy 5tpjement or call 877.762.0071 to learn more about our data collection and usage practices. Starwood Residence Club,9002 San Marco Court,Orlando,FL 32819 J 2013 Starwood Hotels&Resorts Worldwide,Inc. CID xxxx file:J/(Users/eazful/Documents/H0A5E20Communlca0onslNOAtS201RM1X20Finf/SaAuZOPUDY.70ema11-xoDeanY.20y2.html Page 1 of 1 z Regular Meeting Planning and Zoning Commissio September 17, 2013 v J f ro s U Erspamer, chair, called the meeting to order at 4:30 p.m. with members Tygre, Weiss, Gibbs and Ryan present. Reed Patterson introduced Linda Manning who has joined the city clerk's office and will be staffing P&Z meetings. COMMISSIONER COMMENTS Cliff Weiss told the Commission he has purchased a house outside the city limits and will be resigning from P&Z MINUTES Gibbs noted his name was spelled Gibb in the minutes. Weiss moved to approve the.minutes of August 6, 2013; seconded by Ryan. All in favor, motion carried. DECLARATION OF CONFLICT OF INTEREST There were none. PUD AMENDMENT— St. Regis 325 E. Dean Street Sara Nadolny, community development department, added exhibit D, listing other hotel closures, which was submitted after the packet deadline. P&Z will make a recommendation to Council, the final authority on PUD amendments. The applicant, St. Regis, is requesting an amendment to the Aspen Mountain PUD to remove a requirement that the hotel portion of the St. Regis be open.year round. The St. Regis has 159 hotel rooms, 24 timeshare units with amenities available to all rooms and a spa, available to the public. In 2003, the applicant went to Council for a PUD amendment to convert some existing hotel rooms to timeshare'units. As a condition of that approval, P&Z recommended to Council that the hotel remain,open year round. This condition resulted from a concern over loss of hotel rooms. The applicant would like to have the condition removed and have the ability to close during off seasons due to low occupancy rates, financial loss, and the lack of ability to perform maintenance. Ms. Nadolny said staff looked at the criteria for PUD amendment and finds this meets the criteria; no changes are being proposed to the physical characteristics of the PUD, no changes in uses to the hotel rooms. Ms. Nadolny told P&Z there is an 8 week period the timeshare units are not in use and the units can be rented as hotel rooms to the general public. The amenities will remain open to the owners of the fractional fee units and the spa will remain open to the public. Ms. Nadolny said closing during off season is a common practice. Staff recommends approval of this request. Alan Richman, representing the applicant, said one issue was that by staying open the St. Regis would attract off season conference business. That has not happened over the past 10 years. Richman said if 1 Regular Meeting Planning and Zoning Commission September 17, 2013 condominium unit. Richman read from the agreement "the amenities will be maintained or operated in good condition and repair notwithstanding anything in this agreement to the contrary. Hotel owner may from time to time alter, modify, replace, relocate, enlarge, discontinue or temporarily or permanently close the hotel and/or any of the amenities provided that the amenities to which club unit owners have rights under this agreement shall remain available to the club unit users to the same extent such amenities continue to be used in the operation of the hotel and made available to hotel guests". This means the hotel has the ability to temporarily or permanently close the hotel and club unit users shall have access to the amenities. Also, "closure of the entire portion of the amenities from time to time for group use and special events and for maintenance and repairs, space availability is reasonable determined by the hotel owner or hotel manager through the policies and procedures of the.hotel r owner." Richman noted the agreement between the hotel and the residence club anticipated the possibility the hotel might close from time to time and the amenities might not be available from time to time. Richman said the letter sent by the St. Regis to the residence club owners lists the facilities that will be available; the pool, hot tub, housekeeping, concierge, locker storage, and the bar. Ms. Tygre said her concern is with the operations and the original approvals. Ms.Tygre said during a PUD process there is a large amount of negotiations to the final agreement. Several years after that, an applicant asks for an amendment rescinding what was approved before. The commitment to keep the hotel open year round was an important factor in the approval decision. The original approval was j based on the need of a year round hotel with conference facilities and one of the reasons for the size of the hotel. People voted in favor of the project because it was to be a year round facility that the community needed. Now the request is to close the hotel for an indeterminate number of weeks; this is not a benefit to the community. Ms. Tygre stated she sympathizes with staying open and losing money; however, those a,re the conditions the applicant agreed to. Weiss said he feels there are unrealistic expectations for off season in Aspen, especially regarding the lodges. Weiss noted during off season, the occupancy can go to less than 10%. Weiss stated he is not comfortable with an open-ended closing. Erspamer agreed the request is too open-ended. Erspamer suggested a sunset date with a review in 3 years to see how this is working. Weiss noted this experiment has gone on for 10 years, since the previous approval and the results have not proven to assure staying open during the off season. Gibbs pointed out no other hotels have a requirement to stay open year round, so that condition seems unfair. Gibbs said there is the issue of conditions made during approvals. Erspamer said he would like to see specific times or windows of times that the hotel could be closed as well as a specific list of amenities that will remain open. Debbie Quinn, assistant city attorney, pointed out P&Z has to determine whether a request for an amendment to the PUD is consistent or an enhancement of the prior approvals. Ryan said he does not feel that condition should have been included in a PUD; a PUD is about development and that condition is legislating how someone has to run their business. Ryan suggested the amenities that will not be open should be listed as it seems all amenities will be included for the benefit of the time share owners. Richman said telling the dates the hotel is likely to close seems to be the same as requiring the hotel to stay open and is setting the business plan for the hotel. Richman reiterated the applicants want the opportunity to close if there is no business rather than have specific dates. Ms.Tygre agreed it is not appropriate for operational conditions to be part of a PUD and conditions for operating timeshares fall under the timeshare regulations, which are part of the approval process and are very detailed. Ms. 3 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 3l5 F-ASJk %A, �^� , Aspen, CO SCHEDULED PUBLIC HEARING DATE: ky , 20 l3 STATE OF COLORADO ) ss. County of Pitkin ) (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 A0w„ � , 20AJ, 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 r copy of the owners and governmental agencies so noticed is attached hereto. no�C 14 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) 4 . 1A IN Mineral Estate Owner Notice. By the .certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoin "Affidavit of Notice" was acknowledged befor me this i�day of �o.rc.. ti , 20 , by �� ,..� 3%w,r� e6c°H�'4e�` WITNESS MY HAND AND OFFICIAL SEAL ®� ;tary co missio xpires: / OO� /'-OF V P is 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. §24-65.5-103.3 t 0 PUBLIC NOTICE RE: 315 E. DEAN ST.—PLANNED UNIT DEVELOPMENT (PUD)AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, November 18, 2013, 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 315 E. Dean Street Associates, for the ,property located at 315 E. Dean St. (commonly known as the St. Regis), represented by Alan Richman Planning Services. The applicant is requesting an amendment to their Planned Unit Development (PUD) to remove language in a prior approval that requires the hotel portion of the St. Regis to remain open year-round. The property is legally described as St. Regis Aspen Residence Club and Hotel Condominiums, Parcel ID 273718285033. For further information, contact Sara Nadolny at the City of Aspen Community Development Department, 130 S. Galena St.,Aspen, CO, (970) 429.2739, sara.nadolny@cityofaspen.com. s/Mayor Steve Skadron Aspen City Council Published in the Aspen Times on October 31, 2013 City of Aspen Account PUBLIC NOTICE [date : 11/18/2013 Time: 5:00 pm Place: City Hall, 130 S. Galena St,,1. As en� CO 81.611 _. P Purpose: 315 E. Dean Street Associates, 315__ E. Dean St,'a- s owner of this property,. is proposinq amendment to the Planned Unit Development_(PUD) to_ remove language requiring the hotel to remain open year-round. Land____ use approvals include Amendment of PUD development order - Other . "" Amendment. For more inforaiatioi contact the City of Aspen 'I<3����ir� Dept. at 9- 70.920.5090, 00 00 315 EAST BEAN ASSOC INC 5 SPOKES PARTNERSHIP LP 800 S MILL LLC 150 E 58TH ST 351 RANDALL WY 1200 CHEROKEE#407 14TH FLR OAKLAND, MD 21550 DENVER, CO 80204 NEW YORK, NY 10155 911 SOUTH MILL ST LLC ABRAHAMSON ERIK G 75% AGLEY ALISON FOTO C/O FRIAS PROP TOMC ARBUTINE MARY JANE 25% PO BOX 7911 730 E DURANT 2639 MC CORMICK DR ASPEN, CO 81612 ASPEN, CO 81611 CLEARWATER, FL 33759 ALYEMENI ALICE ANDERSON ANGUS A ANDERSON BRUCE J 400 E MAIN ST#2 277 WILLITS LN 700 S MONARCH#207 ASPEN, CO 81611 BASALT, CO 81621 ASPEN, CO 81611-1854 APRIL FAMILY TRUST ARGUETA NOLVIA A ASPEN ALPENBLICK NO 3 LLC 3501 S 154TH ST 922 S MILL ST#B 211 VINE ST WICHITA, KS 67232-9426 ASPEN, CO 81611 DENVER, CO 80206 ASPEN DOLOMITE ASSOCIATION NO 6 ASPEN MFL PROPERTIES LLC ASPEN RESIDENCE CLUB& HOTEL LLC CONDO ASSOC INC ATTT BRIAN G MCELWEE INVESTMENT 205 E DEAN ST#1 B C/O SVO ASSOCIATION MANAGEMENT CO ASPEN, CO 81611 9002 SAN MARCO 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BROADWAY# 104-126 PO BOX 552 6105 PARK RD LAGUNA BEACH, CA 92691 BOYERTOWN, PA 19512 CINCINNATI, OH 45243 BRIGHT GALEN BROADSCOPE PTY LTD BUSH STEVEN S 407 S HUNTER ST#3 CATLOW TRUST 0046 HEATHER LN ASPEN, CO 81611 223 RIVERTON DR ASPEN, CO 81611 SHELLEY AUSTRALIA 6148, CADER ANDREW CANAS HUGO CHAPLIN ARLENE&WAYNE 600 E MAIN ST#103 922 S MILL ST#26 54 LAGORCE CIR ASPEN, CO 81611 ASPEN, CO 81611 MIAMI BEACH, FL 33141 CHART HOUSE PROJECT OWNER LLC CHETNER PARTNERSHIP LP CHIATE PROPERTIES LLC 0115 BOOMERANG RD#5201 B 200 1010 8TH AVE SW 20628 ROCKCROFT DR ASPEN, CO 81611 CALGARY ALBERTA T2P 1J2, MALIBU, CA 90265-5342 CHILDS INVESTMENT COMPANY CHRISTY JOAN CITY OF ASPEN 0284 COUNTY RD 102 3415 EAST LAKE RD ATTN FINANCE DEPT CARBONDALE, CO 81623 SKANEATELES, NY 13152 130 S GALENA ST ASPEN, CO 81611 COHN PETER COLORADO 2012 TRUST 12/19/12 COOPER TWO LLC 1601 S CENTRAL 2 LONGFELLOW LN 950 HILL RD GLENDALE, CA 91204 LITTLE ROCK,AR 72207 WINNETKA, IL 60093 COSTANZA CHARLES& PHYLLIS K CROW 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SPAULDELEANOR RICHARD W&THOMPSON E 3940 7TH AVE#212 300 S POINTE DR#2403 ELEANOR M SAN DIEGO, CA 92103 MIAMI BEACH, FL 33139 BU WHEELER RD FL 2 BURLINGTON, MA 018035501 STANTON JAMES STARK RENEE A STRAWBRIDGE R STEWART C/O WORLD-WIDE HOLDINGS CORP 205 E DURANT AVE APT 1 D 515 SHARITZ RD 950 THIRD AVE 18TH FL ASPEN, CO 81611-3813 COATESVILLE, PA 19320 NEW YORK, NY 10022 STUART FAMILY TRUST SUMMIT PLACE CONDOS TARBY THOMAS N REV TRUST 1 CASTLEWOOD CT C/O PETER S HEARST 18417 PELLETT DR NASHVILLE,TN 37215-4617 747 S GALENA ST FENTON, MI 48430 ASPEN, CO 81611 TELEMARK APARTMENT 2 LLC TELEMARK ASPEN LLC TEXAS ROYALTY CORP 4950 E PRESERVE LANE 55 SECOND ST 500 N CAPITAL OF TX HWY#4-200 GREEENWOOD VILLAGE, CO 80121 COLORADO SPRINGS, CO 80906 AUSTIN, TX 78746 TOP OF MILL INVESTMENTS LLC TOP OF MILL INVESTORS LLC TOP OF MILL LLC 3245 ELLA LEE LN PO BOX S 211 NORTH STADIUM#201 HOUSTON, TX 77019 ASPEN, CO 81612-7420 COLUMBIA, MO 65203 (90 00 TOP OF MILL TH HOA TOWNE PLACE OF ASPEN CONDO TRIPP PAUL 1000 S MILL ST ASSOC INC PO BOX 326 ASPEN, CO 81611-3800 C/O ASPEN LODGING COMPANY THREE FORKS, MT 59752 747 S GALENA ST ASPEN, CO 81611 TYLER SANDRA SCOTT TRUST UNIFIED CREDIT TRUST VALLEY INVESTMENTS LLC 2190 ALISOS DR 300 S POINTE DR#2403 602 E COOPER#202 SANTA BARBARA, CA 93108 MIAMI BEACH, FL 33139 ASPEN, CO 81611 VANSTONE NATALIE ANNE&SIMON VANTONGEREN HAROLD V& LIDIA M VELMAR A COLORADO CORP BRUCE 2000 E 12TH AVE BOX 8 400 E MAIN ST 604 W MAIN ST DENVER, CO 80206 ASPEN, CO 81611 ASPEN, CO 81611 VORTEX INVESTMENTS LLC 50% WACHTMEISTER ERIK C R WALDE WILLIAM L 3336 EAST 32ND ST#217 6248 WHITEHALL FARM LN PO BOX 719 TULSA, OK 74135 WARRENTON,VA 201877247 GLEN ECHO, MD 20812-0719 WARGASKI ROBERT E TRUST WASERSTEIN ALAN I &TRACI WEINGLASS GABRIELE PEPPER TRUST 30353 N DOWELL RD 6555 ALLISON RD PO BOX 7816 MCHENRY, IL 60050 MIAMI BEACH, FL 33141 ASPEN, CO 81612, WEISS AUSTIN R&REBECCA L WELLS RICH WHEELER CONNIE CHRISTINE 922 S MILL ST#1 (A) PO BOX 4867 BRISTOL MEDICAL BUILDING ASPEN, CO 81611 ASPEN, CO 81612 305 E 55TH ST#202 NEW YORK, NY 10022-4148 WILSON CHARLES J WISEMAN ROBERT TENNANT WOLOFSKY MOIRA 2572 NE MILDRED ST 449 MOUNTAIN LAUREL DR#2 PO BOX 1026 JENSEN BEACH, FL 349575926 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 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE AD RES-SOF PRO RTY: `J C2M J SJ- _ 5� Pun Aspen, CO REDUCED PUBLIC HEARAN6 DATE: N V , 2012), STATE OF COLORADO ) Ss. County of Pitkin ) (name, please print) being or representing an <pplicant to the:City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) o`f 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 l-' Cornmunity 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 f_iftPPn(15) days prior to the public hearing and was continuously visible from the. clay of , 20_,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. (Continued on next page) Rezoning or text amendment: Whenever the official zoning district map is in any to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation;or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be . waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "-Affidavit of Notice" was acknowledged before me thisa�day of 0*6e,✓ , 20�B,by-�4 1�is PUBLIC NOTICE RE:315 E.DEAN ST.-PLANNED UNIT DEVELOPMENT(PUD)AMENDMENT WITNESS V�r NOTICE IS HEREBY GIVEN that a public hearing '•l�' ESS M 1 �'-` D OFFICIAL SEA'-' .will be held on Monday,November 18,2013,at a :Will to begin at 5:00 p.m.before therAspen City Council,Council Chambers,City Hall,130 S. f� Galena Aspen,to consider an application sub- My commission expires. ��Y �.(n muted byy 315 E.Dean Street Associates,.for the property located at 315 E.Dean St.(commonly known as the St.Regis),represented by-Alan /) Richman the Services.The applicant is re- n` �� I questing an amendment to their Planned Unit De- - ICQ�p!� velopment(PUD)to remove language in a prior Uzi approval that requires the hotel portion of the St. Not Public Regis to remain open year-round.The property is Notary ' legally described as St.Regis Aspen Residence Club and Hotel Condominiums, Parcel ID - 273718285033. For further information,contact '- Sara Nadolny at the City of Aspen Community De- i ` ' - velopment Department,130 S.Galena St.,Aspen, C O , ( 9 7 0 ) 4 2 9 . 2 7 3 9 sara"nadolny O cityofaspen.com. s/LJ Erspamer,Chair - - - Aspen Planning and Zoning Commission Published in the Aspen Times Weekly on October ACHMENTS-AS,APPLICABLE: 31,2013. [9666882 , * PHOTOGRAPH OF THE POSTED NOTICE (SIGN) * LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAIL * APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 z AGENDA ASPEN PLANNING AND ZONING COMMISSION TUESDAY, September 17, 2013 REGULAR MEETING: 4:30 p.m. Sister Cities room 130 S. Galena Street, Aspen I. ROLL CALL II. COMMENTS A. Commissioners B. Planning Staff C. Public III. MINUTES A. 8/6/13 IV. DECLARATION OF CONFLICT OF INTEREST V. PUBLIC ]HEARINGS — A. St. Regis, 315 E. Dean St. - PUD Amendment VI. OTHER BUSINESS VII. EXECUTIVE SESSION VIII. ADJOURN Next Resolution Number: 20 Regular Meeting PIlanning& Zoning Commission Auzust 6,2013 U Erspamer called the meeting to order at 4:30 with members Myrin,Weiss, Gibbs,Tygre present. COMMISSIONER COMMENTS 1. Erspamer suggested the P&Z draft a resolution of commendation for retiring deputy city clerk Jackie Lothian. 2. Erspamer said he would like P&Z to meet with City Council to discuss what Council feels P&Z's role is. Weiss suggested some more substance to the topic than just P&Z's role, like where the P&Z is at with the AACP. Ms.Tygre said she would like time with Council to go over P&Z's complaints and issues. 3. Jessica Garrow, community development department,thanked P&Z members who attended the Rubey Park open house last month. Ms. Garrow said she will send meeting minutes to P&Z. The next open house will be early September and P&Z can attend if they wish. 4. Ms. Garrow said Wednesday,August 14, at noon will be a work session with P&Z and HPC to discussion potential process changes on review of lodging projects as a result of Council direction to streamline the process for upgrading existing lodges and condominiums. Ms. Garrow said she is working on a code amendment to consolidate the PUD/SPA chapter and P&Z will be included in all information in the future. MINUTES June 11, 2013—Myrin noted his name is misspelled on page 5. Weiss moved to approve the minutes of June 11, 2013 as amended; seconded by Myrin. All in favor, motion carried. June 18, 2013—Ms.Tygre pointed out a correction on page 1; Erspamer said it should say"closed the public comment section"rather than "public hearing". Myrin moved to approve the minutes of June 18, 2013, as amended, seconded by Gibbs. All in favor, motion carried. July 2, 2013—Ms.Tygre moved to approve the minutes of July 2, 2013;seconded by Myrin. All in favor, motion carried. Gibbs said there should be a signature block on each set of minutes. DECLARATION OF CONFLICT OF INTEREST There were none. 1 0 Regular Meeting Planning ski Zoning Commission August 6,2013 P1 ASPEN ALPS'PUD AMENDMENT Jessica Garrow,community development department, noted this is a continued public hearing for the applicant,Aspen Alps, requesting rezoning, PUD and subdivision review. Council is the final review authority with a recommendation from P&Z. Ms. Garrow said this project should be renumbered as Resolution#18. At the previous meeting, staff outlined the project request,which is to memorialize the existing development with a PUD overlay. There are existing legally established non-conformities,which the applicant is requesting be memorialized. Ms. Garrow reminded P&Z.there were many questions on how the non-conforming chapter works, how it relates to this project and the effect of establishing a PUD for this property. Ms.Garrow pointed out under the non-conformity chapter there are two ways a non-conforming structure can be rebuilt. To be considered a legally established non-conformity,the building has to have been built under the code in place at the time. When the zoning changes over time, buildings built legally at the time become non-conforming,which is the situation of the Alps. A non-conforming structure can be rebuilt through non-purposeful destruction,acts of God or acts of nature. Another way a non-conforming structure can be rebuilt is related to purposeful destruction when a building owner tears the building down and they can rebuild by complying with the existing code or they can go through special review process with P&Z. The latter is when a building owner wants to retain any parts of the non-conformity, like building over the adopted height limit. There are two non-conformities at the Aspen Alps that make this difficult. The first is unit size and the second is unit count. According to the non-conformity chapter, if one demolishes their building,they have one year to rebuild it to maintain the density and unit count. If it is not rebuilt within.one year,a property owner has to get special permission to maintain the unit count. There is.not the same provision for unit size. Ms.Garrow told P&Z at the Alps,e.very building is over the code in terms of unit size. If the Alps were to come through the non-conformities chapter of the code,they would request the ability to build back the exact unit count and unit size in order not to create winners and losers in a redevelopment,where some owners might lose 700 square feet because they are a non-conformity in terms of unit size. Ms.Garrow said if the Alps does not receive approval to rebuild the same unit count and unit sizes, they.will not go through with redevelopment. Ms. Garrow said going through the PUD or the non-conformity section of the code creates the same situation—what is there today is the baseline of what can happen with the parcel. The PUD would lock in the dimensions for each unit and for each building. If one of the buildings wanted to change parking, to expand,to increase setback,they would be subject to a full PUD process. Establishing a PUD does give some benefits to the city by establishing recorded dimensions for each of the units. When a property owner wants to remodel,they have to do floor area calculations and adopting a PUD would eliminate that work and that cost. Another benefit is that most of the utilities on the site are not located within easements or in sub-standard size easements. Going through the PUD process,the Alps will establish properly sized and located easements for the utilities. As part of the PUD process, updated lot descriptions will be created and will establish a clear legal description. Ms.Garrow noted adopting a PUD would provide some protection for the property owners to know what they have is legal and-can be rebuilt rather than having to go through a discretionary process with an unknown outcome. Ms. Garrow reminded P&Z the parking for building 100 was discussed at the last meeting and the application stated there were 16 parking spaces for building 100; one of those spaces is on the Glory Hole condominium property. The attorney for Glory Hole states it is 1.5 spaces; the 2 P2 Regular Meeting Pla ng & Zoning Commission ® August 6,2013 applicant is working with Glory Hole on an easement to continue use of the 15th spot. Staff recommends approving this request. Gibbs asked if there is a difference in how the common areas of the Alps parcel would be treated. Ms. Garrow said the non-conformity deals with the structure and the PUD is locking in building size. Ms. Garrow said the common areas at the Alps are governed through the master declaration,which would continue whether this is a PUD or not. IVIS.Tygre asked whether the building measurements would be memorialized whether this is a PUD or not. 'Ms.Garrow said PUDs requires floor and site plans to be recorded and without that requirement,there is no need for the applicant to record these as an official document nor would it be recognized by the city. Ms. Garrow pointed out the Council ordinance and minutes regarding the Winter building have been included in the packet. Ms. Garrow said staff feels the intent was to put a PUD on the entire property but that is not the way the ordinance is written nor is it clear in the minutes. Myrin asked if it would make more sense to adopt a general code amendment for projects within the city rather than adopting this rezoning for the Aspen Alps. Ms.Garrow said that is part of the lodge proposals and any code amendment related to that will not be before P&Z until next year. Ms. Garrow stated Council may not want to determine that every short term rental building is conforming. Myrin asked if there is another way to establish dimensions without using the PUD. Ms. Garrow said the only way to vary dimensions is through a PUD process or a specific redevelopment through special review. Jim DeFrancia; representing the applicant, pointed out there is no specific development proposal. The purpose of this request is to memorialize the existing Alps improvements in a regulatory way. DeFrancia stated the PUD would create a consistency and reliability within the property and clean up issues like utility easements, what is private and what is public,ownership of the South Alps road and would give the city a better point from which to address any development applications. DeFrancia said infrastructure issues, like easements, mud flows, roads, need to be addressed within the entire Alps property and those issues would be identified in a PUD agreement. DeFrancia reiterated the only point of this application is to bring the property into regulatory context so the property owners can consider what they need to do on some of the older buildings. Sunny Vann, representing the applicant,told P&Z this application was referred to all referral agencies and the water and fire departments indicate some of the lines are inadequate to.meet modern fire codes and to allow any redevelopment. Vann said the PUD would contain conditions requiring the Alps to comply with the city's new drainage requirements. Vann said City Council is concerned about retaining short term accommodations, especially older condominiums and how to facilitate.replacement and upgrading of these facilities. Vann noted the lodge zoning permits multi-family and lodges and.in the past decades mostly multi-family has been built. To address the concern of declining bed base, Council down zoned the lodge district regarding multi-family and cut the floor area ratio in half,which made many properties non-conforming. Part of the current discussion is a realization that existing multi-family is important to the lodging inventory and it should be maintained to benefit the tourist base. Vann said with a PUD,the applicants have the certainty of knowing the properties can be retained, upgraded,and the Alps will remain an important asset of short term accommodations. DeFrancia said applying the PUD is not meant to be an endorsement of higher density or heights; this is to address buildings that were built legally. DeFrancia said an alternative is to address individual applications for special review through the non-conforming code,which is not in either the owner's or the city's best interests. Vann said these individual special review applications have both uncertainty and costs and do not address issues for the entire complex'or for the city. Myrin asked about a 3 Rmullar Meeting 'Planning & Zoning Commission August 6,2013. P3 commitment to short term rentals as part of this application. DeFrancia said that is not the purpose of this PUD application. DeFrancia told the Commission that 50 to 65%of the units are in the short term rental pool and that probably will not change. Ms. Garrow said when a PUD is established, all dimensional requirements are established and if a PUD is adopted for the Alps, it will be conforming no matter what changes are adopted with the lodging program. Tom Todd, attorney, told the P&Z adding their resolution or Council ordinances to chain of. title would not trigger a call of mortgage loans;these would be looked at as enhancing the value of the collateral as making regulations more clear. Vann said the fire department commented they would like appropriate turn arounds at the culminations of the roads within the Alps as part of redevelopment. Vann pointed out other infrastructure the applicant would have to address would be adequacy of water lines for fire protection purposes; adequacy of the roads for the fire trucks; and drainage. These issues are a benefit to the city and an encumbrance to the Alps. Erspamer asked about the deed restricted housing units. Todd said'the Board approved the deed restriction and these will be presented to the housing office for approval. Myrin asked if this request could result in the units being rebuilt exactly as they are. Vann said the plan is to record elevations, floor plans and dimensional requirements. Currently small changes, like windows or doors,can be approved administratively. Larger changes would have to go through P&Z for a PUD amendment. Ms. Garrow pointed out the recommendation from the water department is for 20' easements, which is their standard requirement. The water department recognizes there are constraints on this property and they can accept less in some circumstances. Erspamer opened the public comment.. Jeanne Doremus, attorney for Glory Hole condominium association, reaffirmed there are 1.5 parking spaces on their property and they are working with the Alps to resolve shared parking. Susan Gaines said the square footage in her unit has not been ratified. Ms. Gaines said since this has come up, 25%of the Alps owners have put their units for saleas they are concerned about this application. Ms. Gaines told P&Z she lives at the Alps full time;she is not covered by insurance for landslides or unstable soil_ conditions. Ms.Gaines said this property is on a hill and there are a lot of unknowns. John Corcoran,general manager Aspen Alps,told P&Z that 25%of the units have not been put on the market and no Board members have put their units up for sale;there are about 8 units for sale. Peter Carmen,Board member,said a number of owners have expressed concerns about this process and. some of them ran for the Board. The most incumbents were re-elected by the Alps owners. Larry Abramson,Alps owners,stated there is a communication problem between owners and the Board and perhaps this application will improve the communication better. Abramson said one of the biggest problems is.this application and lack of information to the owners. Erspamer closed public comments. Myrin stated he is not comfortable with an application based on the number of non-conformities. Myrin said if this is a direction the community wants to take, it should be a code amendment,which he could support as opposed to this process. Ms.Tygre said she would like the Alps to be able to maintain its structures and to do improvements. Ms.Tygre said she supports the memorialization, however, she has issues with the process—this is not a PUD, it was built before PUDs existed. Ms.Tygre said calling something a PUD after the fact seems to be a bad use of the PUD process. Previous PUD applications have been in conjunction with proposed developments not to memorialize an existing development; 4 P4 Regular Meeting PlaIng& Zoning Commission � August 6 2013 there is no provision in the code for a "reverse PUD". Contorting a process to fit an individual need creates problems. Gibbs pointed out there is already a PUD designation on a portion of the Alps and the intent was to make the entire parcel a PUD. Gibbs stated he supports this application; staff has explained the rationale and the benefits,consistent with the code. Gibbs said he does not see the negative impacts of approving this application. Weiss said there is a conflict between the Board and the Alps owners; however,that is not under the P&Z's purview. Weiss said he does not have a problem with this application. Erspamer agreed this application will probably better the process; however,there are some concerns. The first is the outreach process;the application instructs applicants to conduct_outreach, which should include one's homeowners. Second,the city will draft a new code on lodging; no one knows what that code will entail and Erspamer said he is reluctant to approve an amendment"that might . be addressed by the code amendment. Erspamer stated he would prefer to wait to see the lodging code amendment. Weiss told.the commission he attended the lodging incentive work session and it will probably not be major amendments,especially regarding condominiums. Myrin agreed with he would like to see what code amendments will come out.of the lodging incentive. Gibbs stated basing decision on future code possibilities is an abuse of P&Z's discretion. Gibbs said the Commission should look at the application, look at what the code says and make a decision based on that. The application was submitted in good faith, under the existing code, and the Commission should make a decision. Myrin pointed out the chart in the packet illustrates that this does not meet any of the current code and he cannot support applications under the existing code that are non-conforming. Myrin said.before adopting a PUD to vary these requirements,there should be things like a transportation study and a site visit. Vann reminded P&Z the Alps went through the process to build the Winter building under existing zoning. Vann said portions of the Alps were zoned conservation, R-15 and lodge through zone designations after the Alps was built. City staff said they could recommend approval of the Winter. building with a PUD and rezoning to lodge so that the Alps is no longer a non-conforming use and as a. quid pro quo to put a PUD over the.entire parcel so the city could review an application on a global basis. Vann said the ordinance that approved the Winter building is unclear regarding the parcel descriptions and staff recommended redoing the PUD overlay as there are no documents of record. DeFrancia reiterated the core issue is cleaning up the property from a partial PUD to a total PUD with,a PUD agreement, and identifying constraints and make it easier for the Alps addressing their future needs. Ms.Tygre moved to approve Resolution#18,Series 2013, recommending City Council approve a PUD amendment, PUD review, rezoning and subdivision for the Aspen Alps that memorializes the existing development; seconded by Gibbs. Myrin reiterated he is opposed to this as table 4 indicates this project does not meet current code. Weiss,yes; Myrin, no; Ms.Tygre, no;Gibbs,yes; Erspamer, no. Motion NOT carried. Myrin moved to recommend to City Council to deny the application; seconded by Ms.Tygre. Weiss, no; Myrin,yes; Ms.Tygre,yes; Gibbs, no; Erspamer,yes. IlBC AIYA 1Y1LA1d"C�adlr YIrldY— 1`tdV A U JDULLC "11VG 5 Regular Meeting Planning& Zoning Commission August 6,2013 P Regular Jennifer Phelan,community development,told P&Z this application is to demolish the existing house . and rebuild it with a new residence and an accessory dwelling unit. The requests are for special review approval to memorialize an alternative top of slope for stream margin review, approval of stream margin review, second special review to grant a variance to allow the proposed accessory dwelling unit to be attached to the residence, and variances from the residential design standards for the proposed house. Ms. Phelan said the stream margin review is to insure minimal impact to the Roaring Fork river and its tributaries and where development can occur is limited. The city has stream margin maps outlining engineer's surveys to locate the top of slope;there is an exhibit-in the packet showing the existing footprint of the house,a top of slope and the 100 year flood plain. Ms. Phelan told the Commission there is the ability for applicants to request an alternative top of slope shown in exhibit 2 and is closer to the river. The engineering department went to the site and reviewed it and recommends approval of the alternative top of slope and staff recommends approval of this special review request. Ms. Phelan said if the alternative top of slope is approved,the residence will meet the stream margin standards which include setbacks from the top of slope and.height requirements. Based on the new top of slope,staff finds the stream margin review is met. The third request is residential design standards, and the applicant is requesting 4 variations. One variation is building orientation, having the facade of the building face the street. The-second variation request is from the standard that the,garage width of a carport being no great than 24'wide;the.third request is that the front door of the house should not be more than 10' back from the front of the building. The applicant proposes an attached garage and the front fagade of the building is the garage and the front door.is 40' back from the facade of the garage. The fourth variance regards the amount of windows. Ms. Phelan noted there are two standards for variances and applicants need to meet one of them. One standard addresses specific site constraints. Ms. Phelan said this lot is over 31,000 square feet and staff does.not feel there are site constraints. The other standard is neighborhood context and are there similar features in the neighborhood which might allow granting a variance. Ms. Phelan said the neighborhood is single family dwellings,some with accessory dwelling units, lots of landscaping and screening of the lots. Ms. Phelan said the request regarding building orientation,the building would only be a few degrees off and the neighborhood had a lot of houses facing the street and the request for building orientation still meets the intent of having a street facing facade and should be supported. The second request is the garage or carport with the entry of no greater than 24'. Ms. Phelan pointed out the neighborhood has a number of 3-car garages with widths of greater than 24' and staff supports the variance from the garage width requirement because of neighborhood context. Staff does not recommend approval of the setbacks from the front door. In the neighborhood one does see the front door near the front facade of the buildings. The request for windows full glass two-story element is not seen in the neighborhood and staff recommends against approving that request. Ms. Phelan said there is a special review request to have the accessory dwelling unit attached to the single family house. Ms. Phelan reminded P&Z that the ADU standards are geared to the unit be a separate,functional living unit,with a minimize size, minimum storage, kitchen requirements,and that the ADU be detached from the house. Staff recommends P&Z not approve this special review request. Staff recommends approval of the alternative top of slope,approval of stream margin review, approval of two of the residential design standards regarding orientation of the house and the garage width and staff recommends denial of the setback of the front door and the span of glass going through two stories and denial of the attached AUD. The resolution is separated by requests. 6 P 6 Regular Meeting Plating& Zoning Commission August 6 2®13 Myrin asked about the criteria for approving top of slope. Ms. Phelan said if there are questions, community development staff defers to the engineering department. Ms. Phelan noted the standards for stream margin/top of slope determination are that it is developed by.an authorized survey by a licenses surveyor showing a different determination and that the stream margin meets the criteria. The applicant used a surveyor to determine an.alternative top of slope and had the engineering department go to the site, and they agreed to.the change. Weiss asked if the change to top of slope is approved, how close the house will be to that top.of slope.. Ms. Phelan said after the top of slope is created, nothing can go in 15' and from top of slope,there Is a height restriction. The applicant said they are 25' from top of slope;the house is being moved toward the river and will be larger; however, it will meet stream margin criteria. Myrin moved to extend the meeting to 7:15.pm; seconded by Erspamer. All in favor with the exception of Ms.Tygre and XXX. Motion carried. Charles Cunniffe, representing the applicants,told the commission that top of slope has been updated with the city's agreement and on site one can tell the mapping is erroneous. The engineering firm staked the top of slope and the city engineer agreed with the alternative. Cunniffe noted the proposed .size of the house is 600 square feet less than would be allowed. Cunniffe said the applicants are willing to give up on the ADU being connected to the house. Cunniffe said the front door being recessed from the front of the house is contradictory;the house is setback from the street and is not visible from the street. This is not a gridded area; it has large lots and a lot of greenery. Cunniffe said pulling the front door just to meet the design standards would add unnecessary square footage. It is obvious where the front door is without pulling it up to within 10'of the garage. The second variance is for the 9 to 12' band of windows and the applicants are interested in a suspended staircase,which they would like to be seen from the outside. The other windows are 9'6" and only are 6" outside that allowed. Cunniffe said the intent of the design standards are to have the houses in a neighborhood conform to each other and this is not trying to look like a traditional home. Myrin said regarding the 9'to 12' windows,there are two provisions of the code from which this could be decided; it has to be clearly necessary for reasons of fairness or provide appropriate design pattern considering context. Cunniffe.said the context standard would be more applicable as other structures have large windows. Cunniffe said there will not be an ADU on site so the total square footage will be less. Erspamer opened the public comment section. There were no comments. Erspamer closed the public comment section. Myrin stated he supports the request based on the design pattern of the neighborhood and that the ADU has request been withdrawn. Myrin moved to approve Resolution#19,Series of 2013, as written, deleting section 2 and modifying exhibit 113; seconded by Ms.Tygre. Gibb moved to extend the meeting to 7:20 p.m.; seconded by Erspanier. All in favor with the exception of Ms.Tygre. Motion carried. Weiss said he does not feel the design codes are applied evenly nor are they enforced. Roll call vote; Weiss; no; Gibbs;ves; Ms.Tygre;ves;Mvrin;ves; Erspamer;ves. Motion carried. 7 Regular Meeting Planning & Zoning Commission August 6,2®13 P7 Gibb moved to adjourn at 7:20 p.m.;seconded by Erspamer. All irrfavor, motion carried. l 8 P8 Community Development Update August 2013 Project: St. Regis PUD Amendment Contact: Sara Nadolny Status: Pending Review by P&Z and Council Closing Date: Undetermined. Description: The applicant proposes to amend the PUD approval that requires the hotel portion of the St. Regis to remain,open for business year.round. The applicant would like the ability to close the hotel for a short time during the off-seasons. The spa . amenity will remain open to the public during the time of closure, and the restaurant, pool and exercise facility will remain open for use by the residents of the St. Regis. Update: P&Z will review the application during public hearing on Sept. 17th, upon which time they will make a recommendation to the City Council. Next Steps: PUD Amendment will be scheduled for first reading before City Council at a,future date. Project: South Aspen St PUD Contact: Jennifer Phelan Status: ,Pending Review by Council Closing Date: Undetermined. Description: The applicant proposes to amend their townhome approval through a PUD Amendment. The , applicant proposes dividing the project into phases -and reducing the amount of on-site housing. The proposed phasing would involve 5 free- market and 10 affordable housing units built in phase 1, and 9 free-market units built in phase 2. The applicant proposes to provide the balance of their required housing mitigation in the second phase through the use of affordable housing credits or off-site housing in Aspen city limits. Update: City Council reviewed the application for first reading on June 10th and second reading on July 7th Next Steps: PUD Amendment second reading before City Council is continued to September 9th. Project: 420 E Hyman (CB Paws/Zocalito) Contact: Sara Adams Status: Pending review by P&Z and Council Closing Date: Undetermined. Description: The applicant proposes to redevelop the property at 420 E Hyman with a new three-story mixed-use building. Update: HPC approved the project on July 25, 2012 by a vote of 3:2. City Council reviewed the application under Call-Up procedures and voted to remand the project back to HPC for further review of the mass and scale. HPC approved the massing on Page 1 of 6 ® P9 November 14.tn. The Applicant applied for subdivision and growth management reviews on February 15tH. P&Z granted growth management approval by a vote of 5-0. Next Steps: This case is scheduled to go before Council for Subdivision review. The first reading was heard on July 8th; and the second reading scheduled for August 12tH with a continuation date for September 9th Project: 700 Ute Ave (Aspen Alps) Contact: Jessica Garrow Status: Pending Review by Council Closing Date: Undetermined. Description: The applicant proposes to add a PUD to the entire Aspen Alps project to address a number of existing non-conformities. The applicant is also proposing to update the existing infrastructure easements. Many of the utilities on site are not located within the prescribed easements. No new development is proposed as part of this application. The Alps was constructed in the 1960s, before modern zoning and subdivision regulations. This has resulted in a number of areas where the buildings to do not conform with existing zoning- requirements related to density, unit size, parking, floor area, height and setbacks. The PUD would establish that the existing buildings, as they are currently situated are permitted. Update: DRC was held on May 8th. The .Planning and'Zoning Commission reviewed the case on June 11th and continued the public hearing to August 6th. The P&Z voted 3:2 recommending City Council deny the request. Next Steps: City Council I" reading on August 26th, and 2nd reading on September 9th Project: 110 W Main - Hotel Aspen Contact: Sarah Adams Status: Pending Review by P&Z Closing Date: Undetermined. Description: The applicant proposes to increase the number of lodge rooms on the property from 45 to 53, add 4 new free-market residential units, add on-site affordable housing, and create an underground parking garage. The lodge rooms average less than 300 square feet. Update: Staff is still reviewing the initial application. The project'.s conceptual commercial design review was conducted by HPC. HPC reviewed the project on January 9, February 13'and March 13 and continued their review to April 24, when the project was.approved. Next Steps: The applicant will apply for growth management, PUD, and subdivision reviews. Page 2 of 6 1310 Project: 434 E Cooper Ave (Bidwell) Contact: Sara Adams Status: Pending Review by HPC Closing Date: Undetermined. Description: The applicant-is proposing to demolish and replace the building at 434 E Cooper, commonly known as the Bidwell building, with'a new commercial building. No residential space is proposed as part of the redevelopment. Update: HPC approved the conceptual design on December 12, 2012. City Council did not call the project up. Next Steps: The applicant will apply for final commercial design review. Project: 422 E Cooper Contact: Amy Guthrie. Status: Pending Review by P&Z Closing Date: Undetermined. Description: The applicant proposed to demolish an existing one-story commercial building, commonly known as the Red Onion Annex (currently houses the poster shop). The applicant proposes to replace it with a new two —.three story mixed use building including commercial space and one free-market unit. Update: HPC reviewed the project on September 12, 2012 and approved it on October 24. City Council has exercised their call-up authority, and remanded the project back to HPC for view plane review. Next Steps: HPC reviewed the remanded project, and approved it with no changes. The applicant will apply for growth management and final design reviews. No application has been made to date. Project: Lodging Study Contact: Jessica Garrow. Status: Ongoing Closing Date: Summer/Fall 2013 Description: One of City Council's 2012 Top Ten Goals was to "examine the desirability and sustainability of preserving existing lodging and producing more lodging in Aspen." As part of this effort, staff conducted a great deal of background work and stakeholder meetings to gain an understanding of Aspen's lodging sector. The background phase was completed in early May. All the reports are available online at: http://www aspenoitkin com/Departments/Community-Development/Planning-and- Zoning/Long-Range-Planning/ In December, City Council identified three (3) goals to focus on: Enabling upgrades to condominium units while maintaining those units in the short-term rental pool, enabling upgrades to existing lodges, and enabling new lodge product. These goals were reaffirmed at a June 25th work session. Council has included a 2013 Top Ten Goal related to adopting a lodging incentive program. Page 3 of 6 P11 Update: City Council affirmed the goals related to supporting condominiums, existing lodges, and new lodges. Staff presented a detailed matrix of policy options at the June 25th work session, and Council prioritized changes to condominium and existing lodges. Staff presented specific recommendations to City Council as it relates to changes in Condominiums and Existing Lodges during the July 15th work session, and received direction to pursue the "Standard-Plus" option, with particular focus on ensuring any height and floor area changes are consistent with community character. Next Steps: Staff is working on draft Code amendments that will be presented to Council. This is tentatively scheduled for the fall. Project: ADUs Code Amendment Contact: Chris Bendon Status: Ongoing Closing Date: Undetermined Description: Council, P&Z, and APHCA have all expressed interest in eliminating ADUs as an option when mitigating for housing impacts in single-family and duplex development. This code amendment eliminates the ADU mitigation option, creates a system to remove existing ADUs, and changes the mitigation trigger to any time new .floor area is created in a single-family or duplex development. Update: City Council approved policy direction on November 12th; and approved code language at first reading on November 26th. Second reading on December 10 was continued to January 28th Next Steps: Staff is taking direction from the January 28th council meeting and working on the proposal. It will come back to'City Council at a later date. Project: SCI Zone District Code Amendment Contact: Sara Nadolny Status: Ongoing Closing Date: Fall/Winter 2013 Description: City Council requested staff to examine amendments to the SCI zone district to better address the current functioning of the zone. SCI is the only zone district that lists specific allowed uses (Coffee Roaster, for instance), rather than relying on general use categories (Commercial Uses, for instance). Update: Staff has met initially with business owners in the different SCI buildings, as well as with the P&Z to gain feedback on what goals they have for the zone district. Staff.presented the findings and asked for initial Council direction at an April 23rd work session. Next Steps:. Staff is working on continued outreach with SCI owners and businesses based on the direction from Council. Staff member.Sara Nadolny is meeting with Wally Obermeyer to discuss the effects of changing the current SCI zoning to NC at Obermeyer Place on May 29th. A meeting with the representatives of Clark's Market is Page 4 of 6. P12 • also planned, to discuss any potential impacts of rezoning the Ace Hardware store at N. Mill St. Station to NC. Staff will return to Council this summer as more progress is made. Project: PUD/SPA Code Amendment Contact: Jessica Garrow Status: Ongoing Closing Date: Fall/Winter 2013 Description: City Council requested staff to update the PUD and SPA Chapters of the Land Use Code to-simplify and clarify the review process. Update: In March staff met with the Planning and Zoning Commission to get their feedback on potential changes. Staff presented policy options to City Council at their June 24th ,Council meeting. City Council passed a Policy Resolution directing staff to process a code amendment that combines the SPA and PUD reviews, consolidates and updates the review criteria, and creates a binding Conceptual Review. Staff has asked for feedback on the concepts and language from P&Z, as well as members of the planning and development community. Next Steps: -Public hearings on the code amendment are tentatively scheduled for September and October. Project: Subdivision Code Amendment Contact: Chris Bendon Status: Ongoing Closing Date: Fall/Winter,2013 Description: City Council requested staff to update the Subdivision Chapter of the Land Use Code to simplify and clarify the review process. Update: In.March staff met with the Planning and Zoning Commission to get their feedback on potential changes. Staff presented policy options to City Council at their June 24th Council meeting. City Council passed a Policy Resolution directing staff to process a code amendment that creates different levels of subdivision review, establishes development document requirements, and updates the review criteria. Next Steps: Public hearings on the code amendment are tentatively scheduled for September and October. Project: ESA Code Amendment Contact: Jessica Garrow Status: Ongoing Closing Date: Winter 2013. Description: City Council requested staff to update the Environmentally Sensitive Areas (ESA) Chapter of the Land Use Code to simplify and clarify the review processes. Update: In March staff met with the Planning and Zoning Commission to get their Staff i:.__,.:__ •ice the n.__i_'. .�....,.� r......:.....,...-:.-..-. feedback on potential changes. Staff is coordinating i �g witI Ule Palk-s al ' CIIl�llICCIniy Page 5 of 6 P13 Department on changes related to the Stream Margin,.Hallam Lake Bluff, and 8040 Greenline reviews. Next Steps: Due to work load in the engineering department, staff has not had an opportunity to refine code language. Staff continues to make progress on this code amendment, and anticipates requesting formal policy direction from City Council at the end of 2013. Page 6 of 6 P1'5 MEMORANDUM TO: City of Aspen Planning and Zoning Commission FROM: Sara Nadolny, Planner Technician RE: 315 E. Dean St.,PUD Other Amendment for St. Regis Hotel MEETING DATE: September 17, 2013 APPLICANVOWNERS: SUMMARY: 315 East Dean Associates, Inc. The applicant requests an amendment to the PUD approvals for the St. Regis Aspen Residence Club an REPRESENTATIVE: Hotel Condominiums that require the hotel to remail Alan Riclunan Planning Services, Inc. open year-round. The applicant intends to temporarily close the hotel `for short periods of tune during the LOCATION: spring and fall off-seasons. 315 E. Dean St, Aspen, CO 81611; commonly known as the St.Regis Aspen STAFF RECOMMENDATION: Residence Club and Hotel Condominiums Staff recommends the Plarming and Zoning Commission provide a favorable recommendation o CURRENT ZONING&USE approval to the City Council of the proposed PUD Lodge(L) with a Planned Unit amendment., Development(PUD) overlay PROPOSED LAND USE: ` '! The site is proposed.to continue to be used * aslodge ' timeshare an'd residence. The applicant is requesting a'change to the Aspen Mountain PUD to allow a brief c period of closure during off-seasons. Figure A:Image of St.Regis Hotel Page I of 3 P16 LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval: Planned Unit Development (PUD) — Other Amendment, pursuant to Land Use Code Section 26.445.100 (City Council is the final review authority in this instance, due to the manner in which the related PUD Amendment was originally approved). PROJECT BACKGROUND: The St. Regis Aspen Residence Club and Hotel Condominium is located in the Lodge zone district on Lot l of the Aspen Mountain PUD. The Aspen Mountain Subdivision and PUD was originally approved in 1985 via Ordinance 14. As it currently exists, the St. Regis is comprised of 159 hotel rooms, 24 timeshare lodge units, one residential unit, and amenities such as the Remede Spa, a fitness center with a pool and hot tub, the Member's Club, and a restaurant and. lounge. In the early 1990's this site was the hole_ e of the Ritz Carlton Hotel. In 1,998 the property changed ownership, and became known as the St. Regis Hotel. In 2003 a significant PUD amendment was granted via Ordinance No. 25 that allowed the conversion of 98 of the existing 257 hotel rooms into 24 timeshare lodge units and one residential unit, the conversion of a portion of the existing meeting room, hotel office and accessory space on the Ballroom Level into a spa, the conversion of the existing spa facility on the Second Level of Building B as use for hotel offices, and modification of the twenty-two hotel rooms in Building C into 20 hotel rooms. PROJECT SUMMARY: A prior approval for project requires the hotel portion of the St.Regis to remain open year round. Ordinance No. 25, Series of 2003, Subsection 10 states: "With this approval, the applicant shall commit to having the St. Regis Hotel open for business all year around." The applicant is requesting to amend this approval to remove Subsection 10. The applicant would like the opportunity to close the hotel portion of the St. Regis for a short time during Aspen's spring and fall off-seasons, for approximately 2-4 weeks during these seasons each year. The applicant states the following reasons for this.request: ® During these off-season periods the hotel experiences very low occupancy rates; 0 The cost to operate the hotel far exceeds any revenue it may generate due to the core group of employees that must be present to operate the hotel; G. The full complement of utilities must be kept in operation with the hotel remaining open; ® Employees working during this time who count on tips. as an important supplement to their hourly wage experience a loss due to the significantly fewer hotel guests; and ® Periodic closures of the hotel will allow maintenance projects to be completed. STAFF COMMENTS: Staff has examined the applicant's request in terms of the criterion for PUD—Other Amendment, which examines the degree to which the request is consistent with or an enhancement of the prior PUD approvdIS, a11U 110 LUN the 1U11Uw1119- Page 2 of 3 Ask P17 The applicant's request does not involve any changes to the Aspen Mountain PUD that will 'affect the permitted height, density, massing, or other physical variations on or around the St. Regis such as that related to landscaping, lighting, open space, access or architectural character. ® There is no change in use associated with the applicant's request. The St. Regis Hotel will continue to be used as such. When the hotel units are not rented during any temporary periods of closure, they will not be used in any other manner. o The timeshare units that are part of the St. Regis are sold as III I shares, which means the units are used for a total of 44 weeks of the 52 week year. The remaining eight weeks in which the units are not occupied are reserved for maintenance and for rental to. the general public on a walk-in basis. This will help to off-set any possible inconvenience created by the closure of the hotel for would-be guests. ® On-site amenities of the St. Regis include bellman assistance, in-residence dining options, the Shadow Mountain Lounge, the Members Lounge, pool and hot tub, workout.facilrty,. locker storage, the Remede Spa, transportation around town and to the airport, concierge, housekeeping, and 24-hour security. These amenities will remain available for use by the owners of the timeshare units during any time of closure. The Remede Spa will continue to be available for use by the general public year-round. ® It is common for hotels to close for a brief period of time during Aspen's "off-season", and can find no reason to deny the St. Regis the ability to do the same. The requirement for the St. Regis Hotel was initially discussed during the Planning and Zoning Commission.meeting on April 15, 2003. A review of the meeting minutes (part of Exhibit C, Application) seem to indicate that the applicant agreed to keep the hotel open year-round as a response to concern Commissioner Cohen had regarding the loss of hotel rooms due,to .their conversion to time-share units. Ten years has passed since this hearing, and Staff does not believe this is a valid concern any longer. RECOMMENDATION: Staff finds the request meets the review criterion associated with PUD — Other Amendment and recommends approval of the request to amend the Aspen Mountain PUD. RECOMMENDED MOTION: - "I move to approve the request for an Amendment to the Aspen Mountain PUD to allow the St. Regis Aspen Residence Club and Hotel Condominium to close temporarily during the year as noted in Resolution , Series of 2013." ATTACHMENTS: © EXHIBIT A—PUD Review Criteria ® EXHIBIT B—Public Comment o EXHIBIT C—Application Page 3 of') P18 Exhibit A Review Criterion Other amendment. An amendment found to be consistent with or an enhancement of the approved final development plan by the Community Development Director, but which does not meet the established thresholds for an insubstantial amendment, may be approved, approved with conditions, or denied by the Planning and Zoning Commission, at a public hearing pursuant to Subsection 26.445.030.C, Step 3. The action by the Planning and Zoning Commission shall be considered the final action, unless the decision is appealed. Staff Response: The applicant is regtcesting'the removal of language in the approving ordinance for the St. Regis Hotel(Ordinance No. 25,Series 2003) that requires the hotel portion of 1he development to ren Imin open year-round. Section 1, subsection 10 of the ordinance states "With this approval,-the applicant shall commit to having the.St. Regis Hotel open for business year around." The applicant is not proposing any changes to the Aspen Mountain PUD that will affect the permitted density, height, inassing, or other physical variations such as that related to landscaping, lighting, open space, access or architectural character. The applicant is simply requesting to be permitted to take advantage of th.e slower business times during Aspen's off-season to temporarily close the hotel for maintenance purposes and to lessen the financial burden created through the need of a full-staff, utilities, etc. during these times of low hotel occupancy. Many hotels in the City ofAspen temporarily close during the off-season. The rcnzenities, such as the restaurants, club,pool, trod fitness center will remain open to the residents for private use during these times of closure, and the Remede Spa will remain open and available for use by both residents and the general public. Staff does not believe Haat this request is in opposition to the approved final development plan for the Aspen Mountain PUD, and will not significantly change the St. Regis in any way. Staff finds that the criterion for PUD Other Amendment has been met. 1 • AM P19 RESOLUTION NO.20 (Series of 2013) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING APPROVAL OF A PUD—OTHER AMENDMENT FOR THE ST. REGIS HOTEL PROPERTY DESCRIBED AS PART OF THE ASPEN MOUNTAIN PUD SUBDIVISION,BEING A PARCEL OF LAND COMMONLY DESCRIBED AS 315 E.DEAN ST.,CITY AND TOWNSITE OF ASPEN,PITKIN COUNTY,COLORADO. Parcel No. 2737-182-85-033 WHEREAS,the Community Development Department received an application from 315 " East Dean Associates, Inc.; represented by Alan Richman, requesting a recommendation of approval for a PUD—'Other Amendment at the St. Regis Hotel, located at 315 E..Dean St.; and, WHEREAS, City Council formerly adopted Ordinance No: 25, Series of 2003, which approved a PUD Amendment for the subject site and awarded Vested Property Rights status for. the conversion of 98 hotel units into 24 timeshare lodge units; and, WHEREAS,-315 East Dean Associates, Inc. has requested" a PUD Amendment to the Aspen Mountain PUD to remove specific language in Ordinance No. 25, Series of 2003 that requires the St. Regis Hotel to remain open year-round; and, WHEREAS, pursuant:to Section 26.445.100 Amendment of PUD development order of Zoning Commission may review the.applicant's request and in the Land Use Code Planning and Zon q g g Y PP this case may make a recommendation to the City Council for final decision; and, WHEREAS, the Community Development Director has reviewed the application and recommended approval of the applicant's request for .a PUD — Other Amendment that will remove the requirement requiring the St. Regis Hotel to remain open year-round; and, WHEREAS,the Aspen Planning and Zoning Commission has reviewed and considered the request under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation-of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS,the Planning and Zoning Commission finds that the proposal meets or exceeds all applicable land use standards and provides a recommendation of approval of the requested PUD —Other Amendment to the Aspen City Council. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF ASPEN, COLORADO,THAT: Section 1: The Aspen Planning and Zoning Commission does hereby"provide a recommendation of approval to the Aspen City Council for a PtJD Amendment to the Aspen Mountain PUD that will grant the following: Resolution No.40, Series of 2013 Page 1,of 2 P20 1. An amendment to the recorded Planned Unit Development Agreement (reception no. 484489) to remove the following language, found in Section 1.10 of Ordinance No. 25, Series'of 2003: "With this approval, the applicant shall commit to having the St. Regis Hotel open for business year around." Section 2• All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, 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 3• This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided,and the same shall be conducted and concluded under such prior ordinances. Section 4• If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining.portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 17`x' day of September, 2013. �Wyw—A PLANNING AND ZONING COMMISSION. LJ Erspamer,Chairman APPROVED AS TO FORM: Deb Quinn,Assistant City Attorney ATTEST: Kathy Strickland,Deputy City Clerk Attached: Exhibit A: Full legal descriptiun of property Resolution No. 40, Series of 2013 Page 2 of 2 P21 EXHIBIT A LEGAL DCSCRIPTION THE ASPEN RESIDENCE CLUB&HOTEL LOT 1, FIRST AMENDED PLAT ASPEN MOUNTAIN SUBDIVISION AND PLANNED UNIT DEVELOPMENT, ACCORDING TO THE PLAT THEREOF, RECORDED AND FILED OCTOBER 3, 1988 IN PLAT BOOK 21 AT PAGE 35 AND AMENDMENTS THERETO FILED JULY 1, 1989 IN PLAT BOOK 22 AT PAGE 85,DECEMBER 28, 1990 IN PLAT BOOK 25 AT PAGF.49,OCTOBER 1, 1992 IN PLAT BOOK 29 AT PAGE 71,AND FEBRUARY 9, 1993 IN PLAT BOOK 30 AT PAGE 65. TOGETHER WITH THE NON-EXCLUSIVE EASEMENT FOR THE PURPOSE. OF PROVIDING VEHICULAR AND PEDESTRIAN ACCESS, AS CREATED, DEFINED AND ESTABLISHED BY EASEMENT AGREEMENT,RECORDED OCTOBER 4.1989 IN BOOK 60,4 AT PAGE 184,HAS BY THESE PRESENTS LAID OUT,PLATTED,CREATED ANO SUBDIVIDED THESAME AS CONDOMINIUMS AS SHOWN ON THIS MAP; UNDER THE NAME ANDSTYLE OF THE ASPEN RESIDENCE CLUB AND HOTEL CONDOMINIUM MAP.INITIALLY CONSISTING OF 25 RE51DENTIAL UNITS HEREBY DESIGNATED AS CLUB UN17S (AND FRACTIONAL OWNERSHIP UNITS UNDER THE CITY OF ASPEN MUNICIPAL CODE), ONE COMMERCIAL UNIT AND ONE HOTEL UNIT, AND HEREBY SUBMITS THE RF41, PROPERTY AND IMPROVEMENTS THEREON TO THE DECLARATION AND PLAN OF CLUB OWNERSHIP FOR THE ASPEN RESIDENCE CLUB AND HOTEL CONDOMINIUM.RECORDED JANUARY 21,2005,AT RECEPTION NO.506136, AS MAY BE AMENDED FROM TIME 70 TIME COMMERCIAL UNIT.ASPEN RESIDENCE CLUB&HOTEL HOTEL UNIT,ASPEN RESIDENCE CLUB&HOTEL UNIT B20,ASPEN RESIDENCE CLUB&HOTEL UNIT B21,ASPEN RESIDENCE CLUB&HOTEL UNIT B22,ASPEN RESIDENCECLUB&HOTEL UNIT B30,ASPEN RESIDENCE CLUB&HOTEL UNIT B3 I,ASPEN RESIDENCHCl.UB&1I0TE1. UNIT B32,ASPEN RESIDENCE Cl.UB&HOTEL UNIT B33,ASPEN RESIDENCE CLUB&HOTEL UNIT B34,ASPEN RESIDENCE CL UB&HOTEL UNIT B35,ASPEN RESIDENCE CL UB&HOTEL UNIT B40,ASPEN RESIDENCE CLUB&HOTEL UNIT B41,ASPEN RESIDENCE CLUB&HOTEL UNIT B42,ASPEN RESIDENCE CLUB&HOTEL UNIT B43,ASPEN RESIDENCE CLUB&HOTEL UNIT 844,ASPEN RESIDENCE CL UB&HOTEL UNIT B45,ASPEN RESIDENCECLUB&HOTEL UNIT B50,ASPEN RESIDENCE CLUB&HOTEL UNIT B51,ASPEN RESIDENCE CLUB&HOTEL ` UNIT B52,ASPEN RESIDENCECLUB&1107'67. UNIT B53,ASPEN RESIDENCE Cl,UB&HOTEL UNIT B54,ASPEN RESIDENCFCLUB&HOTEL UNIT B55,ASPEN RESIDENCECLUB&HOTEL UNIT B60,ASPEN RESIDENCECLUB&HOTEL UNIT B62,ASPEN RESIDENCE CL UB&HOTEL UNIT B64,ASPEN RESIDENCE CLUB&HOTEL UNIT 865,ASPEN RESIDENCE CLUB&HOTEL i P23 Sara Nadolny From: Timothy Pappas <tpappas@papent.com> Sent: Tuesday, August 27, 2013 2:34 PM To: Sara Nadolny Subject: St. Regis Dear Ms. Nadolny- I wanted to take a moment to express my support for the St. Regis plan—specifically allowing for the closure of the hotel during the off- season. I am.an original owner in the Residence Club and I have also enjoyed visiting Aspen at least twice annually since 1988. The St._Regis proposal seems reasonable given many years of operation, during which time the hotel has obviously experienced a lack of demand. I think that it is reasonable that operating requirements imposed on the hotel many years ago be relaxed to ensure that the hotel is financially viable. If the proposal is not approved, I would be concerned that the burden on the hotel from the slow off-season might result in increased fees for owners of the Residence Club, or a decline in the quality of the product. I hope that the City of Aspen will approve.the request as submitted. Thank you, Tim Pappas Timothy A. Pappas 655 Summer Street Boston, MA 02210 1 • • _ P24 , Sara Nadolny From: TT TRAN <tiffany.boydell@gmail.com> Sent: Friday, September 06, 2013 7:27 AM To: Sara Nadolny Subject: 315 E. DEAN ST.— PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT Dear Sara, We are owners of a fractional interest at St Regis Residence Club. We are strongly opposed to 315 E Dean Street Associates' request to amend their Planned Unit,Development (PUD) to permit the hotel to close during typically slow business periods during the year, or "off-season''. We strongly feel this would be a detriment to the fractional owners of St Regis Residence Club - both in terms of(i) our ability to enjoy the amenities typically associated with our St Regis residence unit (as they were described to us when we originally purchased our St Regis Residence Club unit) as well as (ii) on an economic level (lower resale value; decrease ability to get unit rented out). We purchased our fractional interest in this development based in large part upon the fact that it was connected/ part of the StRegis Resort and we would benefit from the brand name and the luxurious amenities provided by St Regis. If the resort is allowed to close during certain times of the year, this would significant affect adversely the.enjoyment of our residence unit. All the .expected amenities would not be there. For example, if thehotel is allowed to be closed; it is contemplated that breakfast be served in the members' lounge and such breakfast is dependent on "the availability of the resort food and beverage outlets". What does this mean for the current St Regis Residence Club owners? We will no longer have the restaurant on the premises to eat our breakfast as well as other meals; an amenity that is important to those staying in the residence unit and one that we have had ever since the residence units were built and opened. In addition, this members' lounge is tiny and does not provide sufficient space for breakfast -- the brand St Regis is known for luxury and comfort and this new proposed breakfast setup in the members' lounge area would be anything but luxurious and comfortable (and all this is also dependent on the availability of the resort food and beverage outlets!) By closing the St Regis hotel part of the year, it would make it even harder for Residence Club owners like ourselves to rent out our units (since St Regis amenities will be limited, vacationers are likely to stay at competing hotels such as the Hyatt next door or the Little Nell a few blocks away). Not only would we lose out on tenants, the rental rate for the St.Regis residence units would most likely go down (to reflect fewer amenities). This overall will affect us and other Residence Club.owners economically-both in terms of rental opportunities but also resale value. Resale values for these units have already gone down by about a third (since our purchase when the St Regis Residence Club units were first launched) and if the hotel were to close for part of the year, the resale values would drop even further. Overall, we think what the 315 E Dean Street Associates are trying to do is to cut costs and save money (and have a larger bottom line),but this would have direct negative impact on the interests of the St Regis Residence Club fractional owners, in terms of both enjoyment and economic value. The interests of the current St Regis Residence Club fractional owners need to be protected. We hope the City of Aspen will refuse 315 E. Dean Street Associates' request to ciose t he h otei during certain times of the year as such closure would hurt the interests of the current owners of the St Regis Residence Club owners. i P25 If you would like to discuss, my # is o17.6,0.2782 or you can also email me. Best regards, Tiffany and Paul Boydell (Current Aspen St Regis Residence Club Ownerso 2 P26 • Dear Sara, As a follow up to my email of September 6, 2013 and our conversation this afternoon, my objection to the requested approval from 315 E Dean Street Associates to close St Regis Aspen during certain weeks of the year are based on 2 main concerns: 1. Economic Detriment to St Regis Aspen Residence Club Owners - We bought our 2 bedroom fractional interest.(4 weeks, consisting of 3 winter weeks and one off-season week) for $295,000. The.value has gone down over the years. When I was at St Regis Aspen this past March 2013, I found out that there were owners (of similar units as ours) who were trying to sell.their unit for$200,000 but they were still on the market. I spoke to Sheryl Goldman (who worked at St Regis Aspen Concierge and also was a real estate listing agent for some of these units that were on the market for resale) about the value of these units and she said that price has dropped by $100,000 since our purchase, as evidenced by the fact that units were trying to get sold for about $200,000. The closing of St Regis hotel (and reduction in St Regis overall amenities), which to us is an integral part of the St Regis Residence Club experience as they share common facilities (restaurants, lounge, spa, pool, services, etc.) would de-value our property even further, 5 as the St Regis Residence Club units would have less amenities and be less attractive to potential purchasers, who could easily look elsewhere such as the Hyatt next door(for less.money) and the Little Nell a couple of blocks away, etc. to invest. Also, if the St Regis Hotel is closed, it would make it harder for us to rent out our unit (as the renters are not getting the full St Regis amenities package that is usually associated with the St Regis brand) -- again negatively affecting us on an economic level? 315 E Dean Street Associates needs to address how and what they are doing to adequately protect the ECONOMIC interests of the St Regis Aspen Residence Club owners. 2. Decrease in the Enjoyment of the St Rel4is Facilities /Amenities -.We (as well as other owners) bought our unit on the notion that it was part of the St Regis Aspen Resort and that we would benefit from all the amenities of the St Regis hotel part (i.e., all-the shared facilities / amenities/ services). If the hotel is shut down, during that time, the enjoyment of the St Regis Aspen Residence Club would be decreased (e.g., restaurants closed), as the usual St Regis amenities would be compromised. This was riot what we had bargained for when we made our investment purchase. We paid premium Dollars for our unit and should be able to enjoy all the amenities/facilities of the St Regis Aspen. We hope that requested amendment will not be approved for the reasons stated above and in my email to you dated Sept 6, 2013. Best regards, Tiffany Boydell AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 3 5 SiAS k S .c , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 20k3 STATE OF COLORADO ) ss. County of Pitkin ) 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 3 to day of t , 20',3 , 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 I or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) 0 Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice"was ac owledged before me this f' day of �e 20 3 , by '8''� Q ��.•�w� ►8 WITNESS MY HAND AND OFFICIAL SEAL :**07Aoty. My in ission expires: PUBLICUW MIZ •' 6'•-••• ' Notary Public F C0•%• yrOoI Id--11 IF IN 11"W5 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. §24-65.5-103.3 t AlMk PUBLIC NOTICE RE: 315 E. DEAN ST.—PLANNED UNIT DEVELOPMENT (PUD)AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, September 17, 2013, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by 315 E. Dean Street Associates, for the property located at 315 E. Dean St. (commonly known as the St. Regis), represented by Alan Richman Planning Services. The applicant is requesting an amendment to their Planned Unit Development (PUD) to permit the hotel to close during typically slow business periods, during the year, or "off-season". The property is legally described as Aspen Residence Club and Hotel, Parcel ID 273718285033. For further information, contact Sara Nadolny at the City of Aspen Community Development Department, 130 S. Galena St.,Aspen, CO, (970)429.2739, sara.nadolny@cityofaspen.com. s/LJ Ersnamer, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on August 22nd, 2013 City of Aspen Account Easy Peel®Labels i ® Bend along lineto Q AVERY 51f0® k Use Avery®Template 51600 j Feed Paper�� expose Pop-up Edj ® 1 315 EAST DEAN ASSOC INC 5 SPOKES PARTNERSHIP LP 800 S MILL LLC 150 E 58TH ST 351 RANDALL WY 1200 CHEROKEE#407 14TH FLR OAKLAND, MD 21550 DENVER, CO 80204 NEW YORK, NY 10155 911 SOUTH MILL ST LLC ABRAHAMSON ERIK G 75% AGLEY ALISON FOTO C/O FRIAS PROP TOMC ARBUTINE MARY JANE 25% PO BOX 7911 730 E DURANT 2639 MC CORMICK DR ASPEN, CO 81612 ASPEN, CO 81611 CLEARWATER, FL 33759 ALYEMENI ALICE ANDERSON ANGUS A ANDERSON BRUCE J 400 E MAIN ST#2 277 WILLITS LN 700 S MONARCH#207 ASPEN, CO 81611 BASALT, CO 81621 ASPEN, CO 81611-1854 APRIL FAMILY TRUST ARGUETA NOLVIA A ASPEN ALPENBLICK NO 3 LLC 3501 S 154TH ST 922 S MILL ST#B 211 VINE ST WICHITA,.KS 67232-9426 ASPEN, CO 81611 DENVER, CO 80206 ASPEN DOLOMITE ASSOCIATION NO 6 ASPEN RESIDENCE CLUB& HOTEL ASPEN RQ LLC LLC , ' ' ICONDO ASSOC INC 320 MARTIN ST#100 ATTT BRIAN G MCELWEE INVESTMENT C/O'SVO ASSOCIATION MANAGEMENT BIRIMINGHAM, MI 480091485 CO 9002 SAN MARCO COURT PO BOX 837 ORLANDO, FL 32819 VALLEY FORGE, PA 19482 ASPEN SHAW PROPERTIES LLC ASPEN SKIING COMPANY LLC ASPENITALL LLC P.O BOX 61347 PO BOX 1248 3755 NE 214TH ST DENVER, CO 80206 ASPEN, CO 81612 AVENTURA, FL 33180 ATTERBURY ANDREW L& PRENTICE AVERITT DON R BAKER KATHY GWYN A 6918 LUPTON 2960 BARCLAY WAY 2001 SHAWNEE MISSION PKY DALLAS,TX 75225 ;i ANN ARBOR, MI 481059463 SHAWNEE MISSION, KS 66205 BARNES ROBERT M BASMA NADA BECKMAN SUSAN R REV TRUST 6445 SENECA RD 6318 NW 23 ST 5918 PRICE RD MISSION HILLS, KS 66208 BOCA RATON, FL 33434 MILFORD, OHIO 45150 BENNETT WOOD INTERESTS LTD BERSANI THOMAS A BILLINGSLEY FAMILY LP PO DRAWER 1011 3415 EAST LAKE RD 1206 N.WALTON BLVD REFUGIO,TX 78377 SKANEATELES, NY 13152 BENTONVILLE,AR 72712 BISSET KAREN'I BLEILER JUDITH A TRUST BORNEMAN BRADLEY A 6445 SENECA RD PO BOX 10220 LO OX 55 EDWARD B MISSION HILLS, KS 66208 ASPEN, CO 81612 PO BOX 552 BOYERTOWN, PA 19512 ttiquettes faciles A peter ; sensdle, Replies 44-hpchureafinde l vwwwevery-com Utilisez le gabarit AVERY®51600 j chargement reveler le rebord Pop-up"m j 1-800-GO-AVERY 1 Easy Peel®Labels i d Send along line to 4 ' AVERYO 5160® ; Use'AGery®Template 51600 Ask1 Feed Paper° expose pop-upE j 1J 1 BRENDAMOUR DOUGLAS P CHILDRENS BRIDGE TIM BRIGHT GALEN TRUST 303 BROADWAY#104-126 407 S HUNTER ST#3 6105 PARK RD CINCINNATI, OH 45243 LAGUNA BEACH, CA 92691 ASPEN, CO 81611 BROADSCOPE PTY LTD BUSH STEVEN S CADER ANDREW CATLOW TRUST 0046 HEATHER LN 600 E MAIN ST#103 223 RIVERTON DR ASPEN, CO 81611 ASPEN, CO 81611 SHELLEY AUSTRALIA 6148, CANAS HUGO CHAPLIN ARLENE&WAYNE CHART HOUSE PROJECT OWNER LLC 922 S MILL ST#2B 54 LAGORCE CIR 0115 BOOMERANG RD#5201 B ASPEN, CO 81611 MIAMI BEACH, FL 33141 ASPEN, CO 81611 CHET NER'PARTNERSHIP LP CHIATE PROPERTIES LLC CHILDS INVESTMENT COMPANY 200 1010 8TH AVE SW 20628 ROCKCROFT DR 0284 COUNTY RD 102 CALGARY ALBERTA, T2P 1J2, MALIBU, CA 90265-5342 CARBONDALE, CO 81623 CITY OF ASPEN CHRIS . JOAN COHN PETER 3415 EAST LAKE RD ATTN FINANCE DEPT 1601 S CENTRAL SKANEATELES. NY .13152 130$GALENA ST GLENDALE, CA 91204 ASPEN, CO 81611 COLORADO 2012 TRUST 12/19/12 COOPER TWO LLC COSTANZA CHARLES&PHYLLIS K 2 LONGFELLOW LN 950 HILL RD HINTERE BERGSTRASSE 36B LITTLE ROCK,AR 72207 WINNETKA, IL 60093 8942 OBERRIEDEN SWITZERLAND, CROW MARGERY-K.. CYS RICHARD L AND KAREN L DANCING BEAR PROJECT OWNER LLC 46103 HIGHWAY'6 5301 CHAMBERLIN AVE 0115 BOOMERANG RD#5201 B GLENWOOD SPRINGS, CO 81601 CHEVY CHASE, MD 20815 ASPEN,CO 81611 .. i DANCING BEAR RESIDENCES OWNERS DAUBENMIER.STEVE 25% DAUBENMIER STEVE R TRUST ASSOC INC 731 S MILL ST#1 B 23623 N SCOTTSDALE RD#D3 411 S,MONARCH ST ' ASPEN, CO 81611 SCOTTSDALE,AZ 85255-3471 ASPEN, CO 81611 DELANEY ANTHONY JAMES DAYBREAK ASPEN LLC 6 BANCROFT AVE DESTINATION HOLDINGS FIFTH AVE LLC 22 PERKINS RD 333 RIVER VALLEY RANCH DR GREENWICH, CT 06830 USTR LALIA,S NSW 2069 CARBONDALE, CO 81623 AURA DK TRUST 33.33% DOBSON CAROL FAMILY TRUST DOLINSEK JOHN 50% PO BOX 3097 7507 E ARLINGTON RD 619 S MONARCH ST QUINCY,IL 62305 SCOTTSDALE,AZ 85250 ASPEN, CO 81611 ttiquettes fadfes A pater se da Reptiez Nattochure efln de l vwn ► overy--com , Utilisez.le' gabarit AVERY®5160® j chargement r¢vdler le rebord Pop-uWm I 1-800-GO-AVERY 1 Easy Peel®Labels i ®. Bend along line to lAVERY0 54600 ; Use'MeryOTemplate 51600 j FeedPaper®r expos6Pop-up E j ® 1 DOLOMITE 12 LLC DONCER ASPEN LP DUPLEX INVESTMENTS LLC 50% 141 W JACKSON BLVD STE 2900 9651 W 196TH ST 10601 N PENNSYLVANIA AVE CHICAGO, IL 60604 MOKENA, IL 60448 OKLAHOMA CITY, OK 73120 EDH TRUST 11/17/2012 45% EDLIN RICHARD&JANENE EDWARDS TRICIA TEEGARDIN 417 MONTGOMERY ST 3RD FL 85 BUCKINGHAM RD 500 N CAPITAL OF TEXAS HWY BLDG 4- SAN FRANCISCO, CA 94104 TENAFLY, NJ 07670 100 AUSTIN,TX 78746 EIDAM KAREN A TRUST ELDER TRUST ELLERBECK FAMILY PTNRSHP LTD II 8432 CASTLE DR ELDER JERRY TRUSTEE 2101 WAUKEGAN RD#210 LA JOLLA, CA 92038-0308 MUNSTER, IN 46321 $OX 308 BANNOCKBURN, IL 60015 LA ELLERSTEIN DAVID ERICKSON CLAIRE L& BETTY LOU FLP ESENJAY PETROLEUM CORP PO BOX 552 j ' 1231 INDUSTRIAL RD 500 N WATER ST#1100 SOUTH BOYERTOWN, PA 19512 HUDSON,WI 54016 CORPUS CHRISTI,TX 78471 EVANS DAVID COURTNEY FASCHING HAUS CONDO ASSOC FH ASPEN LLC PO BOX 952 718 S MILL ST 4720 ROCKCLIFF RD#3 ASPEN, CO 81612 ASPEN, CO 81611 AUSTIN,TX 78746 FINKLE ARTHUR A&AMELIA FJR PROPERTIES LLC FLYNN MICHAEL T •2100 PONCE DELEON BLVD#901 PO BOX 1403 509 VIRGINIA DARE DR CORAL GABLES, FL 33134 VAIL, CO 81658 VIRGINIA BEACH,VA 23451 FORD NOLA M TRUST 11/13/1998 FORT FAMILY 11 LLC FORT FAMILY.12 UPPER ASPEN LLC 700 MONARCH ST#203 2900 OAK AVE 210 S GALENA ST#31 ASPEN, CO 81611 MIAMI, FL 33133 ASPEN, CO 81611 FRANCIS ROBERT A REV FAM TRUST FREEDMAN MICHAEL W&NANCI FREIRICH MARK A 0201 32460 EVERGREEN RD PO BOX 774056 ASPEN, CO 81611 HEATHER LN BEVERLY HILLS, MI 48025 STEAMBOAT SPRINGS, CO 80477 A FRIEDKIN THOMAS`H&SUSAN J FRONSDAL ARNE FUREY JAMES H PO BOX 1116PO BOX 2709 19 LOCHMOOR LN RANCHO SANTA FE, CA 95067 ASPEN, CO 81612 NEWPORT BEACH, CA 926605214 G A RESORT CONDO ASSOC INC •GA RESORT CONDO ASSOC GERBER ANDREW ' C/O.VIC GIANNELLI 1000 S MILL ST 465 N MILL ST 15-102 415.E DEAN ST ASPEN, CO 81611 ASPEN, CO 81611-3800 ASPEN, CO 81611 ttigyettes faciles A peler Replies -la hoshuraafiade wwuV.averycom Utilisez le abarit AVERY®5160® ' Sensdp reviler to rebord.Ro -u TM1-800-GO-AVERY 9 j chargement p p 41 j Easy Peel®Labels i Bend along line to t AVERYO 51600 Use Ave Template 51600 j Feed Paper�� exposeftp-up6 j i GETTEL JAMES C GIANULIAS JIM GLATTS HUGH 30 LIGHTHOUSE PT DR PO BOX 2990 2408 SAN PIETRO CR LONGBOAT KEY, FL 34228 NEWPORT BEACH, CA 92658 PAM BEACH GARDENS, FL 33410 GLOBAL FAMILY AFFAIRS LLC GM& MJ PROPERTIES LLC GOERES NANCY 1755 S NAPERVILLE RD#200 1900 MYRTLE ISLAND DR 826 SAVANNAH AVE WHEATON, IL 60189 LAS VEGAS, NV 89106 PITTSBURGH, PA 15221 GOLAY FRANK H JR& INGA M GOLDSMITH ADAM D GOOCH WILLIAM A C/O SULLIVAN &CROMWELL LLP SMITH RONA K 509 VIRGINIA DARE DR 1888 CENTURY PARK EAST#2100 PO BOX 9069 VIRGINIA BEACH,VA 23451 LOS ANGELES, CA 90007 ASPEN, CO 81612 GOODMAN MARK GORSUCH COOPER LLC GRAND ASPEN LODGING LLC 700 MONARCH ST#103 263 E GORE CREEK DR PO BOX S ASPEN, CO 81611 VAIL, CO 81657 ASPEN, CO 81612-7420 GRAY W CALVIN JR&CONSTANCE M GRUMBACHER MATTHEW R GSS MONARCH LLC PO BOX 140 15575 FRYING PAN RD PO BOX 3377 CENTREVILLE, MD 21617-0140 BASALT, CO 81621 BASALT, CO 81621 HALL THOMAS L PERS INCOME&ASSET HANSEN BRUCE G H2 ASPEN LLC , TRUST 501 ALLIS RANCH RD 2020 S ONEIDA ST#210 SEDALIA, CO 80135. 15145 PAWNEE CIRCLE DENVER, CO80224 LEAWOOD, KS 66224 HANSEN JULIA 50% HATCHER'HUGH S HAZELL LOUISE ANNE . 6 BANCROFT AVE 255 SEASPRAY AVE` 205 E DURANT AVE APT 2E PALM BEACH,'FL 33480 ASPEN, CO 81611 USTRALIASEVIL IA NSW 2069 AU , HEARST BARBARA'BIRCH!REV TRUST HIBBERD LORNA W FAMILY TRUST HILL EUGENE D B III &JOAN L TRUST 131 TREASURE HILL RD 310 PLUM ST 10%0 SOUTH KENT, CT 06785 W BARNSTABLE, MA 02668 3310.KINGSLEY CT MONTEREY, CA 93953 HILLMAN RICHARD HAYES TRUST HOLLY TREE INVESTMENTS LLC HUDSON KAREN DAY 13564 D ESTE DR 4823 HOLLY TREE DR 409E COOPER AVE PACIFIC PALISADES, CA 902722718 DALLAS,TX 75287 ASPEN, CO 81611 HYATT GRAND ASPEN ICAHN LIBA IMESON PATRICK 415 E DEAN ST PO BOX 11137 BARRENA VICTORIA ASPEN, CO 81611 ASPEN, CO 81612-9627 DENVER, CCO 802O 0 #400 DEN8021137 ttiquettes faciles a Refer ; 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® Repliez A la hachure afin de www.averycom ® ® , Sens de _ TM i Utilisez le gabarit AVERY. 5160 j chaYgement reveler le rebord Popp 1-800-G0-AVERY 1 Easy Peel®Labels i S Bend along line i /�� C�51600 ; Use Avery®Template 5160® j Peed Paper �� expose Pop-up E j 1 MCMULLAN JODY A MCVICKER JULIET MEEPOS PENNY KELEN 1996 LIV TRUST 10003 E MILLIRON RD PO BOX 567 2999 OVERLAND AVE#130 CHEYENNE,WY 82009 MIDDLEDURY,VT 05753 LOS ANGELES, CA 90064 MIDDELBERG MARIA B MILLER BECKY B& PETER C MILLER DON 25% DBA MODETTE 200-06 CROSS ISLAND PKWY 731 S MILL ST# 1B 150 PURCHASE ST BAYSIDE, NY 11360 ASPEN, CO 81611 RYE, NY 10580 MILLER DON E MITTLEMAN DAVID MONTGOMERY BLAKE 300 MERCER ST APT 31 H 201 MAISON CT 1301 WEST MADISON AVE#408 NEW YORK, NY 10003 PALM BEACH GARDENS, FL 33410 CHICAGO, IL 60607 MONTGOMERY STUART MEAD MOP LLC MORADA VENTURES INC 3885 WISTARIA DR 5348 VEGAS DR 866 S DIXIE HIGHWAY. PORTLAND, OR 97212 LAS VEGAS, NV 89108 CORAL GABLES, FL 33146 MOSTELLER DAVID MOUNTAIN CHALET ENTERPRISES INC MURCHISON ANNE A TRUST 2601 S QUEBEC ST#6 333 E'DURANT AVE PO BOX 8968 DENVER, CO 80231-6039 ASPEN, CO 81611 ASPEN, CO 81612 NAKAGWA MICHAEL F NARDI STEPHEN J LIVING TRUST NILES LARRY& LILY 2001 TRUST AGUILERA DENINE 414 N ORLEANS STE 310 1172 BIENVENIDA AVE 922 S MILL ST#3(C) CHICAGO, IL 60610 PACIFIC PALISADES, CA 90272 ASPEN, CO 81611 NILES LAURENCE 25% NOREN LARA L 75% OLSON PAUL S& DIANE C 731 S MILL ST#1 B 11211 FONTHILL DR PO BOX 128 ASPEN, CO 81611 INDIANAPOLIS, IN 46236-8630 BRECKENRIDGE, CO 804240128 ONEAL PROPERTIES LLC PARKER RICHARD C & KAREN S PASCHALL BARBARA 8100 E CAMELBACK RD#31 3029 BAKER MEADOW SE 6918 LUPTON DR SCOTTSDALE,AZ 85251-2773 ATLANTA, GA 30339 DALLAS,TX 75225 PASCO PROP LLC PASQUINELLI MARY ANN PATERSON JOHN SMITH PATRICK A 88 GRANGE RD 360 SOUTHFIELD:RD 535 OWBROOK RD STE B SANDRINGHAM BIRMINGHAM, MI 48009 WILLOWBROOK', IL 60527 MELBOURNE VICTORIA AUSTRALIA 3191, PAY-ASE PROPERTIES LLC PECAROVICH RICK PEDRO STEVEN &JERI 2200 ROSS AVE#3838 130 CREEK DR 7833 OAKMONT BLVD#110 DALLAS, TX 75201 APTOS,CA 95003 FORT WORTH, TX 76132 ttiquettes faciles A peler ► sea de Replica 41 1a hachure afin de www.averycom Utilisez le-gabarit AVERY®51600 chargement reveler le rebord Pop-upT"" 1-800-GO-AVERY 1 Easy Peel®Labels i ♦. ® bend along linet 1// 1 AERV O 51600 � Use dveryO Template 51600 j FeedPaper��� expose Pop-up j & j PETROVICH NICK D PEYTON MARI PIECE OF THE PIE LLC 730 E DURANT AVE STE 101 409 E COOPER#4 PO BOX 2492 ASPEN, CO 81611-2072 ASPEN, CO 81611 ASPEN, CO 81611 PLATTS JOHANNA E POLLOCK WILLIAM HARRISON RAMIREZ JORGE 740 FLAGSTAFF RD 5340 CORAL AVE 130 CREEK DR BOULDER, CO 80302 CAPE CORAL, FL 33904 APTOS, CA 95003 REARDON DIANA RESTAINO-BECKER TRUST 7/27/2007 RHOADES CHRISTINE ANN LYON L T PO BOX XX 72 ALDER AVE 644 GRIFFITH WAY ASPEN, CO 81612 SAN ANSELMO, CA 94960 LAGUNA BEACH, CA 92651 RHS ASPEN INVESTMENTS LLC RIDOUT WAYNE E REV TRUST RLC ASPEN LLC 2626 E ARIZONA BILTMORE CIR#33 RIDOUT ROBBYE L REV TRUST 12500 PARK POTOMAC AVE#207N PHOENIX,AZ 85016` 42 COUNTRY CLUB CIR POTOMAC, MD 20854 SEARCY,AR 72143 ROANOKE INVESTORS LP ROSENFELD EUGENE S & MAXINE M 109 CLUB CREEK CT ROBERT FAMILY TRUST TRST ATLANTA,PO BOX 17 771 F , GAA 30332-0245 10601 WILSHIRE BLVD#20 EAST ST ALBANS, MO 63073 LOS ANGELES, CA 90024 ROTMAN KENNETH B RUNAMOK LLC RUPERT INVESTMENTS LP 22 ST CLAIR AVE EAST#1700 1647 E MAPLEWOOD AVE 150 N MARKET TORONTO ONTARIO CANADA M4T 2S3, CENTENNIAL, CO 80121 WICHITA, KS 67202 RUTKOWSK[AMY S C JOHNSON AND SON INC SABARESE'WILLIAM F 922•S MILL ST#4D TAX DEPT 412 0023 HOLLAND HILLS RD ASPEN, CO 81611 1525 HOWE ST BASALT, CO 81621 RACINE,WI 53403 SAND&SNOW INVESTMENTS LLC SANS SOUCI ASPEN LLC SCHAINUCK LEWIS I &MICHELLE T 2519 N MCMULLAN BOOTH RD#510-307 10463 LA REINA RD 3235 HARBOR VIEW DR CLEARWATER, FL 33761-4173 DEL RAY BEACH, FL 33446 SAN DIEGO, CA,921062917 SCHAYER CHARLES M III SCHERER ROBERT P TRUST SCHIFFMAN ROBIN 2601 S QUEBEC ST'#17 239 GILBERT ST 700 MONARCH ST#103 DENVER, CO 80231 ASPEN, CO 81611 ASPEN, CO 81611 SCHIMBERG FAM TRUST SCOTT OSWALD VIRGIL JR SHEFFER DOUGLAS& BARBARA 500 N CAPITAL OF TEXAS HWY BLDG 4- PO BOX 1354 PO BOX 2763- CHICAGO, 763CHICAGO, IL 60690 100 AUSTIN, TX 78746 BASALT, CO 81621 rEtiquettesfacilesapeter F 5en�scfe Repllez6la-bghureafinde www.averycom11 Utilisez le gabarit AVERY®51600 j chargement reveler le rebord Pop-upTM 1-800-GO-AVERY 1 Easy Peel®Labels A ® Send atong line E AVERYO 51600 Use Avery®Template 51600 j feed Paper expose Pop-up j j SHINE FAMILY LLC SILVER SHADOW AKA 651 MONARCH SILVERMAN MARC A& MARILYN L 8677 LOGO 7 COURT CONDO ASSOC 937 DALE RD INDIANAPOLIS, IN 46219-1430 651 MONARCH MEADOWBROOK, PA 19046 ASPEN, CO 81611 SIMON HERBERT REV TRUST SIMPSON JANET MARIE SISO LLC 8765 PINE RIDGE DR 233 E COOPER AVE#205 320 MARTIN ST#100 INDIANAPOLIS, IN 46260-1778 ASPEN, CO 81611 BIRMINGHAM, MI 48009 SLY ROBERT STANLEY SMITH CARLETON K SMITH FRANK FORD JR & KATHARINE PO BOX 5093 CO MCVICKER JULIET LINDSAY LPO BOX 567 2506 STRATFORD DR YNEHAM ACT 2602 AUSTRALIA, MIDDLEBURY,VT 05753 AUSTIN,TX 78746 SMITH FREDERICK P SOL HOLDINGS LLC SOLOMON GARY GRANDCHILDRENS 4503 WETHERILL RD 5 LINDLEY DR TRUST BETHESDA, MD 20816 LARCHMONT, NY 10538 3139 N LINCOLN AVE#212 CHICAGO, IL 60657 SOUTH POINT CONDO ASSOC SOUTH POINT CONDO LLC . SOUTHPOINT ASPEN 1B LLC 205 E DURANT AVE#2F 150 N MARKET PO BOX 1499 ASPEN, CO 81611 WICHITA, KS 67202 CARBONDALE, CO 81623 SOUTHPOINT-SUMNER CORP SPACCARELLI SELMA I SPAULDING RICHARD W&THOMPSON 3940 7TH AVE#212 300 S POINTE DR#2403 ELEANOR M SAN DIEGO, CA 92103 MIAMI BEACH, FL 33139 200 WHEELER RD FL 2 BURLINGTON, MA 018035501 STANTON.JAMES, STARK RENEE A STRAWBRIDGE R STEWART C/O WORLD-WIDE HOLDINGS CORP 205 E DURANT AVE APT 1 D 515 SHARITZ RD 950 THIRD AVE 18TH FL ASPEN, CO 81611-3813 COATESVILLE, PA 19320 NEW YORK, NY 10022 STUART FAMILY TRUST SUMMIT PLACE CONDOS C/O THOMAS N REV TRUST 1 CASTLEWOOD CT C/O PETER S HEARST 1841.7 PELLETT DR ASPEN, CO 816111 NASHVILLE,TN 37215-4617 747 GALENA FENTON, MI 48430 TELEMARK•APARTMENT 2 LLC TELEMARK ASPEN LLC TEXAS,ROYALTY CORP 4950 E PRESERVE LANE 55 SECOND ST 500 N CAPITAL OF TX HWY#4-200 GREEENWOOD VILLAGE, CO 80121 COLORADO SPRINGS, CO 80906 AUSTIN, TX 78746 TOP OF MILL INVESTMENTS LLC TOP OF MILL INVESTORS LLC TOP OF MILL LLC 3245 ELL LEE LN P.O BOX S 211 NORTH STADIUM#201 HOUSTON, TX 77019 ASPEN, CO 81612-7420 COLUMBIA, MO 65203 ttiquettes faciles a peter Repliez a la hachure afin de; www.averycom Utilisez leabarit AVERY®51600 Sens de bTM r6v6ler le reord Po -u 1-800-GO-AVERY 9 j chargement p p j j Easy Peel®Labels i i, Bend along line Q AVERY@ 51600 Use Avery®Template 51600 A901j Feed Paper expose Pop-up E j 1 TOP OF MILL TH HOA TOWNE PLACE OF ASPEN CONDO TRIPP PAUL 1000 S MILL ST ASSOC INCC/O ASPEN LODGING PO BOX 326 GING COMPANY ASPEN, CO 81611-3800 747 S GALENA G THREE FORKS, MT 59752 ASPEN, CO 81611 TYLER SANDRA SCOTT TRUST UNIFIED CREDIT TRUST VALLEY INVESTMENTS LLC 2190 ALISOS DR 300 S POINTE DR#2403 602 E COOPER#202 SANTA BARBARA, CA 93108 MIAMI BEACH, FL 33139 ASPEN, CO 81611 NE NATALIE ANNE&SIMON BRUCE VANTONGEREN HAROLD V& LIDIA M VELMAR A COLORADO CORP BRUCE 2000 E 12TH AVE BOX 8 400 E MAIN ST ASPEN, CO 8181611 W MAIN DENVER, CO 80206 ASPEN, CO 81611. AS VORTEX INVESTMENTS LLC 50% WACHTMEISTER ERIK C R WALDE WILLIAM L 3336 EAST 32ND ST#217 6248 WHITEHALL FARM LN PO BOX 719 TULSA, OK 74135 WARRENTON, VA 201877247 GLEN ECHO, MD 20812-0719 WARGASKI ROBERT,ETRUST WASERSTEIN ALAN I &TRACI WEINGLASS GABRIELE PEPPER TRUST 30353 N DOWELL RD 6555 ALLISON RD PO BOX 7816 MCHENRY, IL 60050 MIAMI BEACH, FL 33141 ASPEN, CO 81612 WEISS AUSTIN R& REBECCA L WELLS RICH WHEELER CONNIE CHRISTINE 922 S MILL ST#1 (A) PO BOX 4867 BRISTOL MEDICAL BUILDING 305E 55TH ST#202 ASPEN, CO 81611 ASPEN, CO 81612 NEW YORK, NY 10022-4148 WILSON CHARLES J, WISEMAN ROBERT TENNANT WOLOFSKY MOIRA 2572 NE MILDRED ST 449 MOUNTAIN LAUREL DR#2 PO BOX 1026 JENSEN BEACH, FL 349575926 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 I`_tiquettes faciles A peter ; , Repliez 4 la hachure afin de; www.avery.com sde Utilisez le'gabarit AVERY®51600 chargement reveler le rebordPop-upTM ' 1-800-GO-AVERY ' i g j 1 PUBLIC NOTICE i mo enly . . x'co }} q k I't Ilo". i, i i,l F, man r - EXHIBIT 9 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF OP a RTY: 3. 0V C L-n Aspen, CO. HEDULED PUBLIC HEARING DATE: i S S C,Y.> 20A]� STATE OF COLORADO ) ss. County of Pitkin ) (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 e 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 and was continuously visible from the�,day of , 20_, 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 hear"Ing. A copy of the 001ners and governtnen.tal agencies so noticed is attached hereto. (Continued on next page) Rezoning or text amendment: Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The fo egoing "Affidavit of Notice" was acknowledged before rAe this Of , 20►�by PUBLIC NOTICE WITNESS MY HAND AND OFFICIAL SEAL RE:315 E.DEAN ST.-PLANNED UNIT DEVELOPMENT(PUD)AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday,September 17,2013,ata commission expires: My meeting to begin at 4:30 p.m.before the Aspen > Y Planning and Zoning Commission,Sister Cities Meeting Room,City Hall,130 S.Galena St.,As- pen,to consider an application submitted by 315 E. n Dean Street Associates,for the property located a, l �� 315 E.Dean St.(commonly known as the St. Regis),represented by Alan Richman Planning Services.The applicant is requesting an amend- Nota1-— V Public ment to their Planned Unit Development(PUD)to permit the hotel to close during typically slow busi- ness periods during the year,or"off-season".The ... property is legally described as Aspen Residence Club and Hotel,Parcel ID 273718285033. For further information,contact Sara Nadolny at the Y City of Aspen Community Development Depart- r ment, 130 S.Galena St.,Aspen,CO,(970) - 429.2739,sara.nadolny@cityofaspen.com. - st LJ Erspamer,Chair Aspen Planning and Zoning Commission n �CHMENTS AS APPLICABLE: *' Published in the Aspen Times Weekly o6'A41V TION 22nd,2013.[9469957] * PHOTOGRAPH OF THE POSTED NOTICE (SIGN) * LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAIL. * APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 2_ n, n` RECEIVED � �5r. JUN 2 0 2013 LAND USE APPLICATION APPLICANT: CITY OF ASPEN COMMMITY DEVFJD AIT Name: 3�5 ��s� 4w... S4ee,k Assn c,,041 `�r.c . Location: S `LA -k Sk•-. ,iA--r,-- Co 'S,(. (Indicate street address, lot&block number, legal description where appropriate) Parcel ID#(REQUIRED) ','l 1 k$'2L5 S 033 REPRESENTATIVE: Name: 9.1 c. Address: �0 9 O 3b k3 A*,r+ Phone#: `t aZo �k zs PROJECT: Name: Q Q k. e. 9-,5c S-dtt S� . Qs�it �,OA# L LA t � Am ,!n k�,4 (2v Q� Address: 3 \S e,1�,, �)R r S�¢.� t---. Phone #: �i 1-k15� -q 3 5,4 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 ElFinal 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 approvals, etc.) PROPOSAL: (description of proposed buildings,uses,modifications,etc.) Have you attached the following? FEES DUE: $ o, y o ® Pre-Application Conference Summary ® Attachment#1, Signed Fee Agreement F-1Responseto Attachment#3,Dimensional Requirements Form ) t Ar ® Response to Attachment#4, Submittal Requirements-Including Written Responses to Review Standards C6MMUNITY DEATELOPMENT, 1 Agreement to Pay Application Fees Anagreement between the City of Aspen ("City")and Property Phone No.: Owner("I'): P'4--t-,"64 Email: a �•w.\.ro.,,. Address of �`s �� Slot Billing SAS AS Property: Address: (subject of ,r Co t (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. $ flat fee for $ flat fee for $ flat fee for $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ %oyoo deposit for 3a hours of Community Development Department staff time. Additional time above the deposit amount will be billed at$315 per hour. $ deposit for hours of Engineering Department staff time.Additional time above the deposit amount will be billed at$265 per hour. City of Aspen: Property Owner: SAv_ eA Acs so44,s Chris Bendon Community Development Director Nam City Use: Title: Fees Due:$ Received:$ 0 1 1 920-5090 JUN 2 0 2013 CITY OF ASPEN COMMUNITY DEVELOPMENT Colorado Secretary of Statedummary Page 1 of 1 aid - ' Search,: For this Record... Filing history and documents a certificate Get a of good ,Summary standing File a form Subscribe to email notification Unsubscribe from email Details notification Name 315 East Dean Associates,Inc. Status Good Standing Formation date 09/08/2010 Business Home Business Information ID number 20101499182 Form Foreign Corporation Business Search Jurisdiction Delaware Periodic report month September Term of duration Perpetual FAQs,Glossary and Information Principal office street address 315 East Dean Street,Aspen,CO 81611,United States Principal office mailing address 150 East 58th Street„22nd Floor,New York,NY 10155,United States Registered Agent Name National Corporate Research,Ltd. Street address 12649 West Warren Avenue,Lakewood,CO 80228,United States Mailing address n/a Filing histo and documents Get a certificate of good standing File a form Sst_upsecure businzss filing Subscribe to email notification Unsubscribe from email notification Previous Page, ? - 'r_+nns and Condition;; http://www.sos.state.co.us/biz/BusinessEntityDetail.do?quitButtonDestination=BusinessEn... 6/24/2013 -7 3-7 I 2 5 x 3 3 oa 2 . 203 -ASU4 m, � fr{e E�x R�cord�Na�tgatE Norm Report Forrrrat�fTab ?l�lp ,�� � -�� 1�;p Rcuhng-Status Fees FeeSummarX blain aeons AtTadrments Boning History Valuation 3vdl;Eng ?ti tom>ield5u6Fermits Parc215 o Permit h� aslu Aspen Land Use I'Permd 0{N2[O1 AaLU � (� ddre "�ii DEAN ApV5udea �y X ASPEfJ State CO Lp'01511 , s , „... ..,M„ ,....m.,.._-.�...� 1 ,PermitIntarmaticn Sp Ptadrr permit RDuUng qu eue 10? Applied W20013 r' will, IM 11, F Proceed Status }ending Approved , 7 , �i t E , 401Desonption; PLICATION FOR AN Fda1ENDMENT TO PUD LCT 1 ASPEN MOUNTAIN PUD �yLsued L19sfd;Final Submdted AIJ RICHIMI 920112 pock Running Daas 0 Expires pfi 1,2014 3 �; loaner v_ Lad name ST REGIS ASPEN HOTEL ,First name 315 E DE141 ST � ASPEN CO 61511 Phu neM? 920300 'ddress � ppl�ant i} O�arerisa P icen C lf�.. CroUadoris Iicani7, PaPP � .. _ 3 Lad name I STREETASSOCIATES IF1C First name"IOEL HOCKt�EL1 315 E DEAF!ST ASPEN CO 61511 �:. Phone ;9?0)9439354 _. ICud 29134 HddrPSc Lender Lad fame —� First name "` Phone J i Address $$I �� 8i di, - 1 POO AsperGoldS(sene angelas l ofl _ PI ID THE CITY OF ASPEN Land Use Application Determination of Completeness Date: July 1, 2013 Dear Cityof Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property pis 0042.2013.ASLU — 315 E. Deane —PUD Amendment. The planner assigned to this case is Sara Nadolny. 0 Your Land Use Application is incomplete: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. ' Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Tha You, Jennifer Ph an, Deputy Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New SPA New PUD Yes - No >C- Subdivision, SPA,or PUD(creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No Commercial E.P.F. PROFORMA TITLE REPORT SCHEDULE A 1. Effective Date: April 17, 2013 at 8:00 AM Case No. PCT23744P 2. Policy or Policies to be issued: Proposed Insured: TO BE DETERMINED 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: TWO STAGE ROAD LLC 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: LOT RM, STAGE ROAD PLANNED UNIT DEVELOPMENT/SUBDIVISION, according to the Plat thereof recorded October 7, 2005 in Plat Book 75 at Page 32 as Reception No. 515869 and First Supplemental Plat recorded October 15, 2009 in Plat Book 92 at Page 1 as Reception No. 563657. PITKIN COUNTY TITLE, INC. 601 E. HOPKINS,ASPEN, CO.81611 970-925-1766 Phone/970-925-6527 Fax 877-217-3158 Toll Free AUTHORIZED AGENT Countersigned: 4: SCHEDULE B -SECTION 1 REQUIREMENTS THIS REPORT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE 1. A current survey, certified by a Registered Colorado Land Surveyor must be delivered to, approved and retained by the Company 2. Duly acknowledged certificate of the authorized Managing Agent or Board of Directors of Stage Road Homeowners Association certifying that there are no assessments for common expenses which remain unpaid or otherwise constitute a lien on the subject property. A Statement of Authority was recorded for Colorado on Two Stage Road LLC as Reception No. 525264, evidencing that Austin Lawrence Partners LLC, Gregory P. HIIIs Manager is the authorized person to bind the transaction contemplated herein. 3. Duly executed and acknowledged Deed, From `TWO STAGE ROAD LLC To : TO BE DETERMINED 4. Evidence satisfactory to the Company that the Real Estate Transfer Tax as established.by Ordinance No. 20 (Series of 1979) and Ordinance No. 13 (Series of 1990) has been paid or exempted. 5. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) 6. Completion of Form DR 1083 regarding the withholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be recorded) 7. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to and retained by the Assessors Office in the County in which the property is situated) SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not.shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien,.or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and/or right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patents recorded October 27, 1892 in Book 55 at Page 31, August 11, 1909 in Book 55 at Pages 172 and 1.73 and June 16, 1947 in Book 171 at Page 290. view 8. Right of way for ditches or canals constructed by the authority of the United States and reservation of,all uranium, thorium or any other material which is or may be determined to be peculiarly essential to the production of fissionable materials, together with the right at any time to enter upon the land and prospect for, mine and remove the same, as reserved in United States Patents recorded December 10, 1952 in Book 180 at Page 87 and September 19, 1953 in Book 180 at Page 187. view 9. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc., in instrument recorded August 11, 1969 in Book 242 at Page 634. _view 10. Easement granted to Aspen Metropolitan Sanitation District in instruments recorded December 1, 1969 in Book 244 at Pages 740, 742 and 744. view 11. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. OR-30, Series of by Board of County Commissioners recorded May 19, 1987.in Book 536 at Page 987. view 12. Terms, conditions, provisions and obligations as set forth in Conservation Easements recorded August 12, 1987 in Book 543 at Page 664 and August 12, 1987 in Book 543 at Page 668. view 13. Terms, conditions, provisions and obligations as set forth in Agreements recorded November 15, 1993 in Book 730 at Page 957, November 15, 1993 in Book 731 at Page 27 and Settlement Agreement recorded March 26, 1999 as Reception No. 429230. view (Continued) SCHEDULE B SECTION 2 EXCEPTIONS -(Continued) 14. Terms, conditions, provisions and obligations as set forth in Second Amended and Restated Agreement to Buy and Sell Real Estate recorded May 14, 2004 as Reception No. 497592 and Agreement recorded November 5, 2008 as Reception No. 554047. view 15. Terms, conditions, provisions and obligations as set forth in Utility Easement recorded May 14, 2004 as Reception No. 497599 view 16. Terms, conditions, provisions and obligations as set forth in Construction License Agreement recorded May 14, 2004 as Reception No, 497600 view 17. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 6, Series of 2005 by The City Council of the City of Aspen recorded August 19, 2005 as Reception No. 513680 and Amendment thereto recorded January 10, 2007 as Reception No. 533189. view 18. Terms, conditions, provisions and obligations as set forth in Fourth Amended and Restated Pre-annexation . Agreement:Bar/X Ranch and The City of Aspen recorded October 7, 2005 as Reception No. 515868 view 19. Easements, rights of way and all matters as disclosed on Plat of subject property recorded October 7, 2005 in Plat Book 75 at Page 32 as Reception No. 515869 and First Supplement to the Final Plat of Stage Road Planned Unit Development/Subdivision recorded October 15, 2009 in Book 92 at Page 1 as Reception No. 563657 and Termination of Access and Utility Easement recorded February 11, 2011 as Reception No. 577594. view 20. Terms, conditions, provisions and obligations asset forth in PUD Control Document, Development and Vested Rights-Agreement: Stage Road Planned Unit Development/Subdivision recorded October 7, 2005 as Reception No. 515890 view 21. Terms, conditions, provisions and obligations as set forth in Restated and Amended Water Service Agreement recorded October 7, 2005 as Reception No. 515891 Mew) 22. Terms, conditions, provisions and obligations as set forth in Road Easement Agreement recorded October 7, 2005 as Reception No. 515894 view 23. Terms, conditions, provisions and obligations as set forth in Road Easement Agreement recorded October 7, 2005 as Reception No. 515913 view 24. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Protective Covenants for Stage Road Planned Unit Development recorded January 17, 2007 as Reception No'. 533454 and First Amendment to Amended and Restated Declaration of Covenants for Stage Road PUD recorded January 25, 2007 as Reception No. 533814, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin. view 25. Terms, conditions, provisions and obligations as set forth in Declaration of Architectural Restrictions for Stage Road Planned Unit Development/Subdivision recorded October 7, 2005 as Reception No. 515915 view (Continued) SCHEDULE B SECTION 2 EXCEPTIONS -(Continued) 26. Terms, conditions, provisions and obligations as set forth in Agricultural Lands Conservation Easement recorded October 7, 2005 as Reception No. 515916 view 27. Terms, conditions, provisions and obligations as set forth in Maroon Creek Canyon Conservation Easement recorded October 7, 2005 as Reception No. 515917 view 28. Terms, conditions, provisions and obligations as set forth in Master Deed Restriction Agreement for the Occupancy and Resale of Lot RM, Stage Road Planned Unit Development/Subdivision recorded October 7, 2005 as Reception No. 515918 view 29. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 41, Series of 2005 by City Council of the City of Aspen recorded October 18, 2005 as Reception No. 516372. view 30. Terms, conditions, provisions and obligations as set forth in Historical Monument Access Easement recorded June 13, 2006 as Reception No. 525203 view 31. Terms, conditions, provisions and obligations as set forth in Trail Easement recorded March 7, 2007 as Reception.No. 535196 view 32. Terms, conditions, provisions and obligations as set forth in Sanitary Sewer Line Easement recorded October 15, 2009 as Reception No. 563654 view 33. Terms, conditions, provisions and obligations as set forth in Common Driveway Easement recorded December 26, 2007 as Reception No. 545187 PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 970-925-1766/970-925-6527 FAX TOLL FREE 877-217-3158 WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE ARE AS FOLLOWS: ALPINE BANK-ASPEN 600 E. HOPKINS AVE. ASPEN, CO. 81611 ABA ROUTING NO. 102103407 FOR CREDIT TO: PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT ACCOUNT NO. 2021 012 333 REFERENCE:PCT23744P/TO BE DETERMINED - ASPENOFFICEOAD Victorian Square UARIFIEL OjECHT, P.C. ' 601 East Hyman Avenue Aspen,Colorado 81611 ATTORNEYS AT L A W Telephone(970)925-1936 Since,1975 Facsimile(970)925-3008 www:garfi e l dh echt.eom 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: ioelhocknell(2gmail.com Re: Ownership of St. Regis Aspen Dear Mr. Hocknell: Simon Prisk asked me to write to you because 1 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. Since el , Gar e�d & Hecht, P,C. By: - Chris aCroix - Copy via email to: Simon IA. Prisk,Esq. 978309 1 Aspen • Avon • Basalt • Glenwood Springs • Rifle ®Printed onrecycled paper