HomeMy WebLinkAboutcoa.lu.tu.S Galena St.A080-99
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DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
AO~()--9q
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
shall expire on the day after the third anniversary of the effective date of the
Order, unless a building permit is approved pursuant to Section 26.304.075,
or unless an exemption from expiration, extension or reinstatement is
granted or a revocation is issued by the City Council pursuant to Section
26.308.010.
This Development Order is associated with the property noted below for the
site specific development plan as described below.
Savanah Limited Partnership, 515 S. Galena St. Aspen, CO 81611;925-4272
Property Owner's Name, Mailing Address and telephone number
515 South Galena Street, Aspen, CO 81611
Legal Description and Street Address of Subject Property
Grand Aspen Temporary Use Permit
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Council Resolution 99-90, September 27, 1999
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
October 22, 1999
Effective Date of Development Order (Same as date of publication of notice of approval.)
October 13,2002
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 22nd day of October, 1999, by the City of Aspen Community
Dev pment Director.
Woods, Community Development Director
G.Planning.Aspen.fonns.DevOrder
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PUBLIC NOTICE
Of
DEVELOPMENT APPROVAL
Notice is hereby given to the general public of the approval of a site specific development
plan, and the creation of a vested property right pursuant to the Land Use Code of the
City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the
following described property: Grand Aspen Hotel at 515 South Galena Street of the City
and Townsite of Aspen by Resolution No. 90, Series of 1999 of the Aspen City Council.
For further information contact Julie Ann Woods, at the Aspen/Pitkin Community
Development Dept., 130 S. Galena St, Aspen, Colorado (970) 920-5090.
s/Kathryn S. Koch, City Clerk, City of Aspen
Publish in The Aspen Times on October 22,1999.
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MEMORANDUM
VII e.
TO:
Mayor and City Council
RE:
Amy Margerum, City Manager
John Worcester, City Attom.ey~ . 7-
Julie Ann Woods, Commumty Development Duector
Joyce Ohlson, Deputy Director.,Jlll'\)
Nick Lelack, Planner~l
Aspen Mo.untain PUD (Grand Aspen) Temporary Use for Seasonal
Affordable Housing
THRU:
FROM:
DATE:
September 27, 1999
SUMMARY:
This application is a joint request among Savanah Limited Partnership (Savanah),
the Aspen Skiing Company (ASC), and the Music Associates of Aspen, Inc.
(MAA) for a temporary use permit for seasonal affordable housing at the Grand
Aspen Hotel. Temporary use permits may be granted by City Council for time
periods up to six months.
The applicants are requesting that the six month temporary use begin November
1,1999, to April 30, 2000. Approval of the temporary use for this period would
allow Savanah, owner of the Grand Aspen Hotel, to lease the hotel's rooms to
ASC for seasonal housing. Subsequently, ASC would sublease 150 rooms in the
hotel to ASC employees working in Pitkin County.
Prior to the expiration of the temporary use, the applicants would apply for
another six month extension to October 1, 2000. The extension would allow
Savanah to lease the hotel's rooms to the MAA for the 2000 summer season.
MAA would use the Grand Aspen Hotel for housing music students and summer
staff from June 1, 2000, to August 31, 2000.
ASC and MAA have agreed to perform or cover all maintenance and operation
costs for the hotel during their respective lease terms.
The Grand Aspen Hotel is zoned Lodge/Tourist Residential (L1TR), with an
Aspen Mountain Planned Unit Development (PUD) overlay. The Aspen
Mountain PUD is currently under revision. The operational style of the affordable
housing use and expected impacts on the surrounding properties is expected to be
similar to uses already permitted in the zone.
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Staff believes that providing temporary affordable housing to ASC employees and
MAA students and staff is consistent with the purpose of the L/TR zone. The
purpose of the L/TR zone is "to encourage construction and renovation of lodges
in the area at the base of Aspen Mountain and to allow construction of tourist-
oriented detached, duplex and multi-family dwellings." The Grand Aspen would
provide temporary, affordable multi-family dwellings for individuals and families
working and studying in the City of Aspen.
The Community Development Department recommends approval of the
temporary use for 150 seasonal affordable housing units at the Grand Aspen
Hotel site.
OTHER USES AT THE GRAND ASPEN HOTEL:
In addition to the temporary use, Council should be aware that the two existing
uses at the Grand Aspen Hotel- the restaurantlbar (Maxfield's Dining Saloon)
and hair salon (Hair Salon) - plan to continue operating during the term of the
seasonal affordable housing temporary use. The restaurantlbar and hair salon uses
are allowed in the Lodge/Tourist Residential zone district. However, it should be
brought to Council's attention that some neighbors have expressed concerns about
the continued operation of the bar.
Savanah plans to either directly operate Maxfield's Dining Saloon or lease it to an
appropriately licensed third party operator. Savanah holds the liquor license for
the establishment; the current operator is also applying for a liquor license. In any
event, the restaurantlbar will have the appropriate operating licenses during the
term of the temporary use.
BACKGROUND:
The MAA recently asked Savanah to extend the Grand Aspen demolition date
from fall 1999 to fall 2000 to provide student housing and affordable housing for
staff next summer. Authority to change the hotel's demolition date falls under
Section M of the Aspen Mountain PUD; Section M amendments are currently
pending before Council, including an extension of the demolition date. If Council
approves the demolition extension, the Grand Aspen would be available to house
MAA students and staff for the 2000 summer season. The MAA request
prompted ASC and Savanah to begin to negotiate a lease of the hotel to house
ASC employees this winter.
The three parties have jointly applied for a temporary use permit because they do
not have approval for affordable housing in the Lodge/Tourist Residential zone.
However, similar uses are permitted in the zone, including multi-family dwellings
and accessory residential dwellings restricted to affordable housing guidelines.
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STAFF COMMENTS:
26.450.030 Criteria Applicable to all Temporary Uses
When considering a development application for a temporary use, City Council shall
consider, among other pertinent factors, the following criteria as they, or any of them,
relate thereto.
A. The location, size, design, operating characteristics, and visual impacts of
the proposed use.
Staff Finding:
The affordable housing .use for seasonal employees and students is expected to
have the same visual and operating characteristics as the uses that are already
allowed in the building. The applicant will have to abide by Ordinances which
affect the property in general' such as the sign code, noise ordinance, etc.
B. The compatibility of the proposed temporary use with the character,
density and use of structures and uses in the immediate vicinity.
Staff Finding:
Temporary affordable housing for employees and students is compatible with the
character, density, use of structures and uses in the immediate vicinity.
C. The impacts of the proposed use on pedestrian and vehicular traffic and
traffic patterns, municipal services, noise levels, and neighborhood
character.
Staff Finding:
ASC will attempt to rent as many rooms as possible to employees without cars
due to the limited availability of parking. Therefore, the temporary use will have
very little impact on normal auto and pedestrian traffic patterns in the area. In
addition, there is not expected to be any additional impact on municipal services,
noise levels, and neighborhood character.
D. The duration of the proposed temporary use and whether a temporary use
has previously been approved for the structure, parcel, property or location
as proposed in the application.
Staff Finding:
The proposed temporary use would be for six months, from November 1,1999, to
April 30, 2000. A six-month extension may be granted by City Council with a
second public hearing; the applicants are expected to apply for an extension to
October 1,2000.
E. The purposes and intent of the zone district in which the temporary use is
proposed.
Staff Finding:
Staff believes that providing temporary affordable housing to employees and
students is consistent with the purpose ofthe Lodge/Tourist Residential (L/TR)
1'""".
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zone. The purpose of the zone is "to encourage construction and renovation of
lodges in the area at the base of Aspen Mountain and to allow construction of
tourist-oriented detached, duplex and multi-family dwellings." The Grand Aspen
would provide temporary multi-family dwellings for individuals working and
studying in the City. According to ASC, all rooms will be occupied by one
employee; the seven suites might be occupied by two employees. This should
ensure that the intent ofthe zone is not compromised by overuse.
F. The relation of the temporary use to conditions and character changes
which may have occurred in the area and zone district in which the use is
proposed.
Staff Finding:
The uses allowed in the LlTR zoning are of similar characteristics and impacts on
surrounding parcels as this temporary use. The amount of traffic, pedestrian
activity, and general effects upon the neighborhood are expected to be similar to
those of the uses that are allowed in the LlTR zone. The character is not expected
to change because there are no new structures on the site and ASC employees and
MAA students and staff would utilize many ofthe services previously utilized by
tourists staying at the hotel.
G. How the proposed temporary use will enhance or diminish the general
public health, safety, or welfare.
Staff Finding:
This temporary use is expected to enhance the public health, safety, and general
welfare of the community in three ways. First, the use would reduce traffic in and
around Aspen by providing housing within walking distance to the City's main
transit station, to essential community services, and to work formany ASC
employees. Second, downtown businesses would benefit from an increase in
revenues from the temporary residents' patronage. Third, the use would provide
affordable housing for short-term workers and students, partially fulfilling one of
the community's continuous needs, and reducing the pressure in the remaining
community to house seasonal employees.
RECOMMENDATION:
The Community Development Department recommends approval of the
temporary use for 150 seasonal affordable housing units at the Grand Aspen Hotel
site.
PROPOSED MOTION:
"I move to approve Resolution No._, Series of 1999 - a temporary use permit
for Savanah Limited Partnership, Aspen Skiing Company, and Music Associates
of Aspen, Inc. for 150 seasonal affordable housing units at the Grand Aspen
Hotel."
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CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit "A" - Application Letters
C:\home\nickl\temp use Grand Aspen.doc
Sep-oa-gg 03:14P _avanah Ltd,
~092543a7
P.01
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Aspen. Co. 81611
Tel. 970-925.01272
""" 970-925";3&7
To
ro:
John Worcester
CMlef>t.
Phono t
Phone'
:ROM:
)ATE:
RE:
JOHN G. SARPA
September 8. 19
Fall II
rut
PAGES:
2, including this
cc:
Amy Margerum
Julie Ann Woods
Nabil Ayoubi
Sunny Vann
Larry Green
Dear John.
As you know, at the request of the Aspen Music Festival and School
(Music School) we have requested a hearing for consideration of an
extension of the Grand Aspen demolition date, under Section M of the
Aspen Mountain PUD. The following are two reasons beyond our control
that gave rise to this need for the extension: the need for Music School
student housing as well as other affordable housing and a longer process
than anticipated for the PUD approval process.
We obviously had no control or influence on the Music School's need
for student housing for the summer of 2000. Moreover. there has been a
strong interest and need expressed by the Aspen Skiing Company to house
some of its employees during this coming winter.
There have also been a number of factors beyond our control that
have given rise to a more lengthy approval process than envisioned during
the last demolition e.xtension hearings in March of 1998 (Ordinance No.8.
Series of 1998).
------ -
SQP-08-99 03:15P ~avanah Ltd.
,-,
709254387
P.02
II" 2
At that time, Savanah and the City targeted January 1, 2000 to have
all final approvals for the new project. As required by the Ordinance 8
extensions, on September 15, 1998, Savanah submitted its new
development proposals for Lots 3 and 5 of the Aspen Mountain PUD and
the Bavarian Inn. Due to a number of unanticipated staff changes at the
City, the extensive City response to the submissions was not received until
November, 1998. Given the extent of the many suggested changes raised
by the staff, it was decided that completely new amended submissions
would be appropriate as opposed to merely amending the original
submissions.. Thus, new submission for Lots 3 & 5 and for the Bavarian
Inn were submitted in March and February respectively.
Since that time, all these projects have been under careful and
constant review at the conceptual level by the Housing Board and the
Planning and Zoning Commission. Indeed, both held a number of special
sessions in which Savanah's applications were the only agenda items.
Their work is now almost complete and the City Council will hold its first
conceptual review of the projects on September 27. Thus, this time table
has been diligently pursued by Savanah, the City Staff and review boards
as well as the many neighbors of these sites.
Unfortunately, given this status, receiving final approvals by January
1, 2000 is not feasible. While con.ceptual review should be complete by
that time, the final review hearings at P&Z and City Council will probably
take the project into the summer of 2000 before any final decisions are
made. This would mean any new construction on the new projects would
probably not be able to begin at the earliest until fall of next year.
During the Ordinance 8 hearings the City found that "the public
interest requires that an appropriate replacement development be
constructed as soon as practical following the demolition of the Grand
Aspen Hotel". We continue to agree with that approach and if the
demolition extension is granted, would plan to demolish the hotel next fall
and begin construction as soon as practical thereafter.
For these reasons beyond our control and for the pubic interests that
would be served by the extensions, we respectfully request new dates for
the demolition deadline and that the other construction deadlines be
adjusted accordingly. Thank you.
1"''\
September 9, 1999
"tL')({J'm
AsPEN MUSIC FESTIVAL
AND SCHOOL
Ms. Julie Ann Woods
Community Development Director
City of Aspen
130 South Galena
Aspen, CO 81611
Hand Delivered
Dear Ms. Woods,
Please consider this letter as a request for a temporary use permit for M.A.A.'s use of the
Grand Aspen Hotel during our 2000 sununer season.
It is our intention to negotiate a lease with the ownership of the hotel (Savannah Limited
Partnership) for use of the property for the period of June 1,2000, through August 31, 2000.
We will lease the facility in its entirety, including all furnishings, fixtures and equipment.
We will use the Grand Aspen Hotel during the sununer of 2000 for housing music students
and sununer seasonal staff. Students receive housing as part of a room-and-board package;
staff members receive housing as part of their sununer remuneration. Should there be
additional rooms available, we would like to be able to contact other community non-profits
and offer rooms under a sub-lease arrangement.
We will not operate the bar or restaurant facilities, though we intend to use any meeting spaces
as rehearsal rooms. Given operating costs and safety issues, we will probably choose to close
the swimming pool.
It is our anticipation that, in addition to lease payments, we will cover all operating costs for
the facility including any major repairs that may become necessary during our lease term.
Please forward our request for a temporary use permit to the Aspen City Council. I am
available to answer any further questions. Thank you in advance for your kind consideration.
iiJf~
Edward Sweeney ~
General Manager
Cc: Robert Harth, David Bellack, Amy Margerum
2 Music School Road, Aspen, Colorado 81611 . Phone 970..925.3254 Fax 970..920..1643 . Web site www.aspenmusicfestivaLcom
MUSIC ASSOCIATES OF ASPEN, INC.
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ECE!VED
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1999
ASPEN SKIING COMPANY
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September 8, 1999
Ms. Julie Ann Woods
Community Development Director
City of Aspen
130 S. Galena Street
Aspen, Colorado 81611
Re: Temporary Use of Grand Aspen Hotel for Aspen Skiing Company Housing
Dear Ms. Woods:
Please consider this letter as a request for temporary use approval for the use of the Grand
Aspen Hotel for seasonal housing of Aspen Skiing Company during the period from November 1, 1999
until April 30, 1999. Aspen Skiing Company (" ASC") is attempting to negotiate a lease of the property
from its owner. Those negotiations are not yet complete but appear to be progressing positively. The
following paragraphs detail the major aspects of the proposed use.
Leased Property. ASC will lease the entire Grand Aspen property, including all adjacent parking, the
bar and restaurant spaces, storage areas and office spaces, together with all hotel furnishing, appliances
and equipment, and small wares and maintenance equipment located therein (excluding liquor and food
inventories) (the "Premises").
Lease Tenn. ASC will lease the Premises for a term commencing on November 1, 1999 and ending on
April 30, 2000.
Use of the Property. ASC will sublease the 150 rooms in the hotel to ASC employees. All rooms will
be leased for single occupancy except the 7 suites which may be leased for double occupancy. All lessees
will be employees of ASC working in Pitkin County. ASC will provide the Aspen Pitkin Housing
Office with a roster of all employee - tenants and a verification that all are, in fact, employed by ASC.
ASC will utilize portions of the Premises for required maintenance activities and storage of hotel
furnishings. The Savanah Limited Partnership will also continue its existing use of office space in the
property. ASC also requests that the existing hair salon be allowed to continue in operation during the
term of ASC's lease.
Rental Rates. ASC will charge rental rates that are comparable to the seasonal housing rates charged at
the Marolt seasonal housing property and the proposed Burlingame project. The anticipated rental rates
will range from $400 per person to $550 per person, per month, depending on room type. Those rental
rates are inclusive of utilities.
Maintenance and Operations. ASC will perform, at its sole cost, all reasonable and appropriate routine
maintenance of the Premises during the Lease Term.
Capital Repairs and Replacements. In the event of a failure of any systems in the Premises vital to its
continued use for employee housing during the Lease Term (e.g. heating, plumbing, electrical, roof)
which require immediate repair to allow the continuation of such use, ASC will cause such repairs to be
performed.
G) Printed on Recycled Paper
Post Office Box 1248 .Aspen, CO 81612
970.925.1220
www.skiaspen.com
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-2-
September 8, 1999
Return of the Premises. ASC will surrender the premises at the end of the Lease Term in a clean and
orderly condition and in substantially the same condition as existed at the commencement of the Lease
Term, ordinary wear and tear excepted.
Parking Management. ASC's research indicates that approximately half of all seasonal employees do
not own cars. ASC wiIl use all reasonable efforts to rent as many rooms as possible to employees
without cars. The parking spaces at the Grand Aspen will be posted and controlled for authorized
parking only. All residents authorized to park on the premises will be issued permits for display in the
parked cars. ASC will tow or boot unauthorized vehicles.
MAA Summer Use. It is our understanding that the MAA desires to use lease the Grand Aspen for use
as housing during the months of June through August. ASC has not been a party to MANs discussions
with the Grand Aspen owners. ASC endorses the use of the building by MAA in the summer. A copy
of this letter has been sent to MAA. It is our understanding that MAA will submit additional
information regarding the logistics of its proposed use of the property.
We hereby request that the City Council authorize the issuance of a temporary special use
permit allowing ASC to use the Grand Aspen property for affordable housing during the period from
November 1, 1999 until April 30, 2000. ASC also asks that the special use permit be renewable for
MANs summer use. Please feel free to call me at 923.0523 if yo require additional information to process
this request.
Sincerely,
David E. Bellae
Vice President/ General Counsel
cc: Aspen - Pitkin County Housing Authority
Amy Margerum
John Worcester
Robert Harth
Pat O'Donnell
SQP-OB-99 03:l4P Savanah Ltd.
",7092543B7
P.Ol
Slvalah iI.nld
'81111rshll
515 South G._ 5,.
Aspon.Co.81611
Tel. 970-925.4272
F:l~ 970-925.4387
To
ro:
John Worcester
Co,ft)ep..
Co.
Fa)(1l
Phoni II
~ROM:
)ATE:
RE:
JOHN G. SARPA
September 8, 19
Phone #
traK'
PAGE.S;
2, including this
cc:
Amy Margerum
Julie Ann Woods
Nabil Ayoubi
Sunny Vann
Larry Green
Dear John,
As you know, at the request of the Aspen Music Festival and School
(Music School) we have requested a hearing for consideration of an
extension of the Grand Aspen demolition date, under Section M of the
Aspen Mountain PUD. The following are two reasons beyond our control
that gave rise to this need for the extension: the need for Music School
student housing as well as other affordable housing and a longer process
than anticipated for the PUD approval process.
We obviously had no control or influence on the Music School's need
for student hOUSing for the summer of 2000. Moreover, there has been a
strong interest and need expressed by the Aspen Skiing Company to house
some of its employees during this coming winter.
There have also been a number of factors beyond our control that
have given rise to a more lengthy approval process than envisioned during
the last demolition e.xtension hearings in March of 1998 (Ordinance No.8,
Series of 1998).
SQP-08-99 03,15P Savanah Ltd.
.-709254387
P.02
Pl182
At that time, Savanah and the City targeted January 1, 2000 to have
all final approvals for the new project. As required by the Ordinance 8
extensions, on September 15. 1998, Savanah submitted its new
development proposals for Lots 3 and 5 of the Aspen Mountain PUD and
the Bavarian Inn. Due to a number of unanticipated staff changes at the
City, the extensive City response to the submissions was not received until
November, 1998. Given the extent of the many suggested changes raised
by the staff, it was decided that completely new amended submissions
would be appropriate as opposed to merely amending the original
submissions.. Thus, new submission for Lots 3 & 5 and for the Bavarian
Inn were submitted in March and February respectively.
Since that time, all these projects have been under careful and
constant review at the conceptual level by the Housing Board and the
Planning and Zoning Commission. Indeed. both held a number of special
sessions in which Savanah's applications were the only agenda items.
Their work is now almost complete and the City Council will hold its first
conceptual review of the projects on September 27. Thus, this time table
has been diligently pursued by Savanah, the City Staff and review boards
as well as the many neighbors of these sites.
Unfortunately, given this status, receiving final approvals by January
1, 2000 is not feasible. While conceptual review should be complete by
that time, the final review hearings at P&Z and City Council will probably
take the project into the summer of 2000 before any final decisions are
made. This would mean any new construction on the new projects would
probably not be able to begin at the earliest until fall of next year.
During the Ordinance 8 hearings the City found that "the public
interest requires that an appropriate replacement development be
constructed as soon as practical fOllowing the demolition of the Grand
Aspen Hotel". We continue to agree with that approach and if the
demolition extension is granted, would plan to demolish the hotel next fall
and begin construction as soon as practical thereafter.
For these reasons beyond our control and for the pubic interests that
would be served by the extensions, we respectfully request new dates for
the demolition deadline and that the other construction deadlines be
adjusted accordingly. Thank you.
SEP-08-99 WED 01:31 Ph. CELLO
FAX f"""'\ 9709272580
p, 01/03
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Aspen Skiing Company
Legal Department
P.O. tJll' 1248
Aspen, CO 81612
(970) 923-0524 - Telephone
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Re: Grand "SpOIl
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Date: September 8, 1999
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Legal Department
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Asp<n. CO 81612
(970) 923-0524. "I'olepllonc
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'1"0: Julie Ann Woods Phone: 920-5090
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ASPEN PLANNING & ZONING COMMISSION
SEPTEMBER 7.1999
-,
Bob Blaich, Chairperson, opened the regular Aspen Planning and Zoning
Commission Meeting at 4:35 p.m. The following commissioners were present:
Jasmine Tygre, Roger Hunt, Roger Haneman, Ron Erickson, Tim Mooney and Bob
Blaich. Steve Buettow was excused. Staff in attendance were: David Hoefer,
Assistant City Attorney; Julie Ann Woods, Joyce Ohlson, Chris Bendon, Nick
Lelack and James Lindt, Community Development Department; Jackie Lothian,
Deputy City Clerk.
The tape from the meeting was not audible; the minutes reflect notes and the
resolution for the conceptual approval Aspen Mountain PUD Lots #3 and #5.
COMMISSIONER COMMENTS
Joyce Ohlson introduced James Lindt, Planning Tech, and Nick Lelack, Planner,
new City Community Development staff members.
There was discussion about the demolition of the Grand Aspen being postponed
for another year. The commission supported the extension of the Grand Aspen to
be utilized by the SkiCo employees in the winter and MAA students next summer.
MOTION: Ron Erickson moved to support Savannah in providing
employee housing through the efforts of not demolishing the Grand
Aspen this October. Jasmine lYgre second. ALL IN FAVOR 6-0.
John Sarpa explained that the MAA had contacted Savannah, since their new
housing construction was being delayed. Sarpa noted that it was already late in the
season to obtain an excavation permit and requested that the Grand Aspen be left
standing to be available for seasonal housing until the end of summer 2000. This
request will go to the City Council on September 13th (Ordinance #38-99). Ron
Erickson thanked Savannah for doing the sensible thing, not leaving a hole in the
ground for a year.
Bob Blaich noted that members of the public had contacted him regarding
problems at Truscott. He asked them to present these concerns to council.
Ohlson presented the schedule of up-coming meetings.
Roger Hunt inquired about the access for the Buttermilk project. Julie Ann Woods
noted the level of service would be compromised with an additional leg at the
Buttermilk intersection. She said that Randy Ready would be attending the
Buttermilk meetings to provide information.
1
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AMENDMENT TO THE FIRST A.MENDED AND REST A TED
PLANNED UNIT DEVELOPMENT/SUBDIVISION
AGREEMENT FOR THE ASPEN MOUNTAIN SUBDIVISION
THIS AMENDMENT to the First Amended and Restated Planned Unit
Development/Subdivision Agreement for the Aspen Mountain Subdivision ("PUD
Agreement"), being entered into between the City of Aspen, Colorado ("City") and
Savannah Limited Partnership ("Savannah" or "Owner") on this _ day of
, 1998, provides as follows:
RECITALS
WHEREAS, on September 27, 1995, Savannah submitted a written petition to the
City pursuant to Section M of the PUD Agreement seeking certain unspecified extensions
in the construction schedule deadlines governing construction and development within
the Aspen Mountain Subdivision; and
WHEREAS, on March 4, 1998 and March 26, 1998, Savannah submitted further
petitions clarifying the requested dates of extension and the reasons necessitating said
extensions; and
WHEREAS, hearings were conducted before the City Council on April 13th. and
May 11th, 1998, during which Savannah successfully demonstrated that the reasons
necessitating extensions in the existing construction schedule deadlines were beyond its
control; and
WHEREAS, Section M of the PUD Agreement authorizes extension of the time
periods for construction schedules upon a proper showing;
WHEREAS, Section 0(6) of the PUD Agreement authorizes amendments to the
Agreement by written instrument executed by the parties thereto; and
WHEREAS, Savannah has agreed to submit a land use application for Lots 3 and
5, and for the Bavarian Inn site by September 15, 1998.
NOW THEREFORE, in consideration of the mutual covenants as contained
herein, it is agreed that the provisions hereinbelow shall amend the PUD Agreement as
follows:
--'
1. Savannah's construction schedule deadlines as set forth in Section A2 of
the PUD Agreement, and as previously amended by that Section M amendment executed
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on June 10, 1991 (recorded in Book 654 at Page 418 in the records of the Pitkin County
Recorder), are amended to provide as follows:
Emm 1Q
Application to be submitted for
Top of Mill (Lot 3), Hotel Phase II
(Lot 5), and Bavarian Inn' [new]
9/15/1998
Demolition permit for Lot 5
Grand Aspen Hotel 10/1/99 10/1/1999
[same as per (Jrd. 4, 1998]
Building permit issuance for all
required affordable housing,
including the Bavarian Inn,
and approval of any proposed
public infrastructure
Top of Mill (Lot 3) 10/1/95 4/1/2000
Building permit issuance
Hotel Phase II (Lot 5) 10/1/96 4/1/2000
Certificate of Occupancy for
all required affordable housing,
including redevelopment of the
Bavarian Inn, and acceptance
of public infrastructure
Top of Mill (Lot 3) 10/1/97 10/1/2001
Certificate of occupancy
Hotel Phase II (Lot 5) 6/1/98 11/1/2002
'Note: Bavarian Inn application shall be consistent with the 1990 ballot language
and representations made by the applicant afthe time of the election.
2. Section L of the PUD Agreement is amended to provide as follows:
"It is mutually acknowledged and verified between City and Owner that pursuant
to Municipal Code Section 24-11.2(a), Owner has the right, following their
demolition, to reconstruct within the Aspen Mountain PUD a total of 275 hotel
units and a total of 42 residential units. The original location (source) of these
reconstruction units is identified on the Schedule 9 update attached hereto and
made a part hereof by reference. Any reconstruction credits to be reconstructed
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on Lots 3 and 5 are extended until one (1) year from the date of issuance of the
demolition permit for the Grand Aspen Hotel to reconstruct same. These credits
shall not confer any exemption from affordable housing requirements as may be
identified during the approval process."
(The Schedule 9 update is attached hereto and incorporated herein as part of this
Agreement.)
3. The amended construction schedule deadlines as provided for in paragraph
I above shall be and remain in force and effect only insofar as Savannah complies with
all of those terms and conditions as set forth in that written decision of the City Council
of the City of Aspen attached hereto as Exhibit" I" and incorporated hereiii, that was
issued in response to Savanah's petition of September 27,1995 as amended by letters
dated March 4, 1998 and March 26, 1998, seeking a Section M amendment.
4. All other terms and conditions of the PUD Agreement and the previous
Section M Amendments, not inconsistent or superseded by this amendment, shall remain
in full force and effect.
5. This amendment document shall be promptly recorded in the records of
the Pitkin County Clerk and Recorder's office.
IN WITNESS WHEREOF, the parties have hereunto set their signatures on the
day and year as first written above.
THE CITY OF ASPEN
U/~
!\Miyor
By
ATTEST:
~4~
Kathryn S. ch, City Clerk
APPROVED AS TO FORM:
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Ity Atto ey .
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WITNESS MY HAND AND OFFICIAL SEAL
41 t:t-!q&J
My commission expires:
SA V ANAH LIMITED PARTNERSHIP
By:
APPROVED AS TO FORJ.\1:
Attorney of Savanah Limited Partnership
STATE OF COLORADO )
) ss.
County of Pitkin )
The foregoing instrument was acknowledged before me this _ day'of
,1998,by
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires:
Notary Public
Address
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- SEN~ SY:SAVANAH LTO PARTNER
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STAlE OF COLORADO )
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County of Pitkin )
The foregoing inlltrumeJll: was acknowledged beron me this L day of
J.. t ::t. . .1998, bi' .JcWtol. ~ ~~~ as Mayor and Kathryn S.
Koch, City Clerk, of the City of Aspen, Colorado.
WITNESS MY HAND AND OFFICIAl SEAL
My commission expires:
.
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Addms '! I II!,I!
By:
SAVANAH UMITED PARTNERSHIP'
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APPROVED AS TO FORM:
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Attorney of Sav Limited Pllttnersmp
STATE OF COLORADO )
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County of Pilkin )
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The foregoing instrument was acknowledged before me this ~ day'of
~.1998,by Mp.o,.J.~o~ A.s.~, ~ID~1: <.F J'6PEN ~f'/i!.iS€-~
I~OI'>l/U. ,,,,c..
WIThTESS MYHAND AND OFFICIAL SEAl ~ I"~~'
My commission expires:
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Notal}' Public
Address
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09/17/99 FRr 14:11 FAl. _/0 925 7395
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Haas Land Planr LLC
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Memorandum
VI.tI- '..
~
To:
Mayor and City Council
Amy Margenrm, CityManag{tlV
Stan Clauson, Con:ununity Development Direc:tot
. 11>: ~h~
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Thru:
From:
Date: i\pril 13, 1998
Re: An Ordinance Amending Aspen Mountain PUD Development Dates-
(Section M Amendment)
Summary: On September 25, 1995, City Council. amended the Aspen Mountain PUD
development deadlines to provide a three-year extension for the demolition of the Grand Aspen
Hotel. Subsequently, Ordinance 4, Series of 1998 waS passed. by Council whic:h would further
extend that demolition for another year to October 1. 1999. Since the !lstablishment ofa
comprehensive development timetable for the Aspen Mountain PUD in June 1990, there have
been four additional amendments extending deadlines for the Grand Aspen Hotel Demolition. for
obtRi"i"g a certificate of occupancy for the Ritz-Carlton Hotel, the Summit Place Residential
Project, and the ice rink and park development- .'
On September 27, 1995. a letter from Robert Hughes, Esq., then counsel for the developer,
SavanJlah Limited Partnership, requested that the dates be further extended but remain
unspecified until determined as part of the Aspen Mountain PUD review process. As that
process has not yet come to the point of specifying new dates and a considerable time bas
elapsed since Atty. Huahes request, staffbelieves it is appropriate to accept revised deve1opm~
dates as reqUested by the applicant.. .
Subsequently, staffhas received two letters, dated March 4 and March 26, 1998. providing a
rationale and justification for extending the development de~il1ines. along with proposed dates
for the extensions. Section M of the Aspen Mountain PUD states that City Council may provide
an extension of one or more of the time periods as it may deem appropriate. These extensions
may Dot be UDrelISQnably withheld by Coun~ if the "uthe Owner demonstr.ttes by a
preponderance of the evidence that the reasons for the delay(s) which necessitate -such'
eXtensions(s) are beyond the control of the Owner, despite good faith efforts on its part to
perform in a timely manner."
Savannah LP had begun the approval process for Lot 3 (fop of Mill) and Lot 5 (Grand Aspen
Site) in Jan\1llQ' 1996. They had completed their review with the Pla""l"i & Zoning
Commission and were beiinning a series of meetin&s with City Council when disruptions
. occurred to the management stiucture of the, then, Ritz-Cilrlton HoteL In addition. direction Iuid
been given to Savannah as to how they might make their project more responsive to community
,
.
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Haas Land Plan ~,LLC
~002
09/17/99 FRI 14:12 FAA _10 925 7395
- ,-
interests. In order to evaluate and respond to these issues, Savannah lias delayed in continuing .
the Aspen Mountain PUD review process. It is understood tbatthey will be returning with a.
revised application in the next month.
DiscuS'Sion: Staff believes that granting Savannah the reqllested extensions is consistent with the
requirements for amendment of the PUD. Moreover, it may permit them to develop a better .
project application given the complexity and anticipated length of the anticipated review process.
However, staff is concemed that the dates proposed for Building Permit i5SUaDCe for the Grand
Aspen site will provide too long a time for the site to be vacant and disrupted following the
. demolition of the existina G;rand Aspen Hotel.
Staffbelieves that an application for a replacement development, if promptly submitted and
diligently pursued, can be expeditio~lyreviewed through the):,and Use.approval process and
subsequent Building Permit review. Therefore, rather than provide a date for building permit
.. issuance which is one year later than the demolition, staffbas propOsed that the date of
. demolition and the date of building permit issuance be the same, specifically, October 1. 1999.'
This will allow the applicant approximately eighteen (18) months to complete the land use and
building permit review: processes. Staff believes that this is a reasonable time to allocate for
these processes and more in the public interest than allowing an additional year. Accordingly.
the requested date for issuance of a Certificate of Occupancy for Lot 5 bas also. been adjusted to
be one year sooner,specifically, May 1,2002. . .
Staff does'not have a similar concern for the dates relating to the development of Lot 3 as there
will be no demolition required in advance. Therefore, the recomm~dedchanges to the Section
M dates are as follows:
.Emm III
Demo~ition pcmdt for Lot 5
Grand Aspen Hotel
10/1/99
Building permit issUll1tCe
Top of Mill (Lot 3)
. 10/1/95
Building peimi\ issuance
Hotel Phase II (Lot 5)
10/1/96
Certificate of Occupancy
. Top of Mill (Lot 3)
10/1f97
Certificate of occupancy
Hotel Phase IT (Lot 5)
6/1f98
10/1/1999 (same as per Ord. 4, 1988)
111/2000
'10/1/1999
10/112001
5/1/2002
Additionally, the applicants have requested that Section L of1;he PUD be amended to provide .
that the rec:onstruc:tion credits discussed in that Section be fully available 1lDtil one (1) year
09/17/99 FRI 14:12 FAX .0 925 7395
,# """
Haas Land Plam! LLC
~003
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.
...- ..'
following the issuance of a demolition pencit for the Grand Aspen Hotel. Staff does not believe
such an Amendlnent is actually necessary to protect the reconstruction credits. However, in an
attempt to clarifY the Section L pBra&r.lPh in response to the applicant' $ reqlIest, the following
.limendntent has been provided (please note that underlinecJ, text is new and Mkelilfe. text is .
deleted, a11 other text is as per the existing document): . .
"It is mutuaUy aCknowledged and verified between City and OWIier that pursuant to
Municipal Code Section 24-1 1.2(a), Owner has the right, following their demolition, to
reconstruct within' the Aspen Mountain PUD a total of275 hotelllliits and a total of 42
residential units. The original location (source) of these reconstruction units is identified
on the Schedule 9 update lIttal;hed'hereto and made a part hereof by reference.
. F1iRl!IlIl'l'lBre, the City aerel!i~' agrees ami eenmma tltlt fer ae 18 Illll'.ietlSl.y iemelitllleli
fesiElent;ial1iBits as i4eRliiieri 9ft tIie SeheElale 9 upElate attaeheEl aerMe, ,"i'. rL.ll.M"1l
ene (1) ).. Em!! tlll iIBite efis~e 9ftlte 1Ii!Me!iri91! pellMiu tile CfI!Iui A!lfiea lIetel
te reeenstmM 3U!e. d-ny ~~nsrnlction cred;t~,$lCCnl1np' to r .ot.~ ':J and 5 are extended
until one (1) year iTnm. the date ofi~~uance of the demolition nermitfor the Grand A~pen
Hotel to reconstruct same These credits shall not eo~ any exemption ITom affordahle
hou.~ng reQJliremetlt. ". m'lY be identified dllrini the approval pmc,",,~ "
Financial Ilaplications: Because the applicant is responsible for payment of staff time involved
. in the review of development applications, there are no significant financial implications for the
City in granting this extension of development rl..~,;HQ~. However, the proposed dates are
intended to minimi7lO any loss of taX rev~ue which will occur due to the 'period of construct:\on
for the Gran4 Aspen site.
Recommendation: Staff recommends that the \'1"Oposed ordinance be adopted on first muling
and a public hearing be set for May U .
Pl'Oposed Motion: Staffrecommends the following motion:
. "I move to approve Ordinance No.~ Series of 1998, amending Sections M and L of
the First Amended and Restated Platmed Unit Development/Subdivision Agreeinent for
. the Aspen: Mountain Subdivision, on first reading and set a public hearing for second
reading on May 1,1' . ... .
city Manaler COlalJ!,ent!:
Attachments: t!?
Ordinance No...3L-
Exhibit I--Applicant's fetition .
ExbJ."bit 2-Amcndment d~ument