HomeMy WebLinkAboutcoa.lu.tu.S Galena St.A080-992737-182-85005
A080-99 Aspen Mtn. PUD (Grand Aspen)
Tpmnnrary Use
OWN/A PPI Sava nah Limited Par OR 515 S. Galena St. C/S/Z: ] _ �HN'` 925-4272
REP: same OR: It C/S/Z:l PHN.
FEES DUE: FEES RCVDf STAT:
REFERRALS
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DATE OF FINAL ACTION:
CITY COUNCIL:
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PLAT SUBMITD: PLAT (BK,PG): ADMIN: ej
DEVELOPMENT ORDER A o0o --- Y q
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
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
Deveknment Director.
Juliqq1Vnn Woods, Community Development Director
G.Planning.Aspen.fonns. DevOrder
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 1411
TO: Mayor and City Council
THRU: Amy Margerum, City Manager
John Worcester, City Attorney
Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Director J463
FROM: Nick Lelack, Plannera l
RE: Aspen Mountain PUD (Grand Aspen) Temporary Use for Seasonal
Affordable Housing
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 (L/TR), 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.
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 restaurant/bar (Maxfield's Dining Saloon)
and hair salon (Hair Salon) — plan to continue operating during the term of the
seasonal affordable housing temporary use. The restaurant/bar 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 restaurant/bar 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.
r�
u
•
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 of the Lodge/Tourist Residential (L/TR)
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 of the 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 L/TR 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 L/TR 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 of the 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 for, many 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."
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit "A" — Application Letters
C:\home\nick)\temp use Grand Aspen.doc
Sep-08-99 03:14PIR Vr
lp Ltd- 54387
P.01
S 15 South Galena St.
Savanah limited
Aspen. Co. 81611
Tel, 970-925-4272
Partnership
Fax 970-925-4387
Post -it" Fax Note 767,
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Dear John,
f0: John Worcester j
-ROM: JOHN G. SARPA
)ATE: September 8, 19
RE:
PAGES; 2 , Including this
CC: Amy Margerurn
Julie Ann Woods
Nabil Ayoubi
Sunny Vann
Larry Green
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 extension hearings in March of 1998 (Ordinance No. 8,
Series of 1998).
sop-08-99 03:15A 01
ah Ltd. W*54387
P.02
pegs 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 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.
•
•
September 9, 1999
Ms. Julie Ann Woods
Community Development Director
City of Aspen
130 South Galena
Aspen, CO 81611
Hand Delivered
Dear Ms. Woods,
ASPEN MUSIC FESTIVAL
AND SCHOOL
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 summer 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 summer of 2000 for housing music students
and summer seasonal staff. Students receive housing as part of a room -and -board package;
staff members receive housing as part of their summer 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.
Sincerely,
Im ote,1Vc
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.aspenmusicfestival.com
MUSIC ASSOCIATES OF ASPEN, INC.
-0 0
"..Ct' .- 1999
ASPEN SKIING COMPANY
i r'i i KiN
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 Term. 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 co 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.
Post Office Box 1248 -Aspen, CO 81612
970.925.1220
QPrinted on Recycled Paper wunu.skiaspen.com
_ 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 will 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 MAA's 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
MAA's summer use. Please feel free to call me at 923.0523 if yo require additional information to process
this request.
Sincerely,
David E. Bellac
Vice President/ General Counsel
cc: Aspen - Pitkin County Housing Authority
Amy Margerum
John Worcester
Robert Harth
Pat O'Donnell
Sap-08-99 03:14P Savw
h Ltd. 54387
P.O1
S I S South Galena St.
Sauanah limited
Aspen. Co. 8 1611
Tel, 970-925-4272
Partnership
Fax 970-925-4387
Post -it` Fax Note 7671
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TO: John Worcester
-ROM: JOHN G. SARPA
)ATE: September 8, 19
RE:
PAGES: 2, including this
CC: Amy Margerum
Julie Ann Woods
Nabil Ayoubi
Sunny Vann
Larry Green
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 extension hearings in March of 1998 (Ordinance No. 8,
Series of 1998).
Sop-08-99 03:15P Sa 0 ah Ltd. 4954387
page 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 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.
P.02
■�■� SEP-08-99 WED 0,:31 PAR*
o
,mono0 M
facsimile transmittal
To: A nvf M-argenim
Fax: 920-5119
From: Amy Vitany
Date: September 8, 1999
FAX •JW72580
Aspen Skiing Company
Legal Department
P.O. Box 1248
Aspen, CO 81612
(970) 923-0524 - Tcicphone
(97U) 923-2079 -Fax
Phone: 920-5199
Re'. Grand Aspen
Pages: 3
❑ Urgent hJ For Review ❑ please Comment ❑ Please Reply ❑ Recyc.l,
\\Sml1"UVfy Dc+c+mxnts �+clm uurn.fm do
('. 01 i 03
RECEIVED
S E P 1 3 1999
ASPEN J PITKIN
-C)MMl1NITY DEVELOPMENT
SEP-08-99 WED 01: * 60
facsiTrlR�; �C"d11S1'�11�
To: Julie Ann Woods
Fax: 920-5439
From: Amy Vitany
Date: September 8, 1999
F*, 9#72580 P. 01
Aspen Skiing Company
Legal Department
P.O. Box 1248
Aspcn, (:0 91612
(970) 923-0524 - Tclephonc
1070) 923-2079 — Fax
Phone: 920-5090
Re: Grand Aspen
Pages: 3
❑ urgent 0 For Review O Please Comment ❑ Please Reply D Recycle
0.tirn1\M-ty Pnaimcnh�Pax\wnal,� fux.Acx
MBER 7. 1
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 43 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 TI gre 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 13`" (Ordinance 438-99). 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.
ASPEN PLANNINGIOZONING COMMISSION 4?EPTEMBER 7
COMMISSIONER COMMENTS............................................................................................................................. 1
DECLARATION OF CONFLICT OF INTEREST................................................................................................ 2
LIGHTING ORDINANCE........................................................................................................................................ 2
ASPEN MOUNTAIN PUD - CONCEPTUAL LOTS #3 ............................................................................... 2
00
00
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 1 lth, 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:
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
00
• •
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:
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 C►rd. 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/l/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 1 l/1/2002
*Note: Bavarian Inn application shall be consistent with the 1990 ballot language
and representations made by the applicant at the 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
0*
00
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
1 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 "l" and incorporated herein, 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
By aZ
vor
ATTEST:
Kathryn S. I46ch, City Clerk
APPROVED AS TO FORM:
- ity Attoi ey
STATE OF COLORADO )
ss.
County of Pitkin )
The foregoing instrument was acknowledged before me this ? day of
1998, by _)cN-� -S N tSl— as Mayor and Kathryn S.
Koch, City Clerk, of the City of Aspen, Colorado.
WITNESS MY HAND AND OFFICIAL SEAL 1P?.Y PVe�
My commission expires:
. r T
No . Publicor
1
Address
SAVANAH LIMITED PARTNERSHIP
No
APPROVED AS TO FORM:
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
0 0
166
SENT BY-SAVANAH LTD PARTNER 9- 9-98 ; 4:48PM ;
STATE OF COLORADO J
� ss.
County of Pitkia
3059254387-+ 310 229 2929;# 5
The Foregoing instrument was acknowledged before rrie this ? dayof
1998, by doHj 4 'S Se—M`1 N
e'City o she City of Aspen, Colorado. Mayor and Kathryn S.
WITNESS MY HAND AND
. My co:rtmissior. expires.
Address
APPROVED AS TO F O?,-M.
Attorney of Savar6 Lirnitcd Partnership
SAVANAH LIMITED PARTNERSHIP
t-1IL S-1 D4\�iG!-1
STATE OF COLORaDO�
CM.J 11$9147
ss.cw�r d a. =
County of Pitkin ) w c awes JWv CM
The forcgoin; instrU[nent was acknowledged before me this _I cyM day of
��. 1998, by Msotz, 1a.S . Dict,P�3Cs1flE-t•�t c;� Rsp�l �P-1s£S
'%'IT\'ESS '.Iv1Y HAND AND OFFICIAL SEAL
My commission expiies: 3Uw s, 7110
Notary Public
Address
ann ic:nn Ira' - 1tCn HUAH "IV R77 n I um I 4 : b I RR/ez/vn
09;17/99 FRI 14:11 FAIM 25 7395
t
Haas Land Plan#, C
10 001
Memorandum
To: Mayor and City Council
r h /
Thru: Amy Margerum, City Managei��
From: Stan Clauson, Community Development Director
Date: April 13, 1998
V1 I"
f12=1A: ATC4
-3 ?p4e5 (To�
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 which would further
extend that demolition for another year to October 1, 1999. Since the establishment of a
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
obtaining 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,
Savannah 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 has
elapsed since Atty. Hughes request, staff believes it is appropriate to accept revised development
dates as requested by the applicant.
Subsequently, staff has received two letters, dated March 4 and March 26, 1998, providing a
rationale and justification for extending the development deadlines, 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 not be unreasonably withheld by Council if the "if the Owner demonstrates 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 (Top of Mill) and Lot 5 (Grand Aspen
Site) in January 1996. They had completed their review with the Planning & Zoning
Commission and were beginning a series of meetings with City Council when disruptions
occurred to the management structure of the, then, Ritz -Carlton Hotel. In addition, direction had
been given to Savannah as to how they might make their project more responsive to community
09/17/99 FRI 14:12 FA-W0 25 7395 Haas Land Plan*, LLC
•
10002
interests. In order to evaluate and respond to these issues, Savannah has delayed in continuing
the Aspen Mountain PiTD review process. It is understood that they will be returning with a.
revised application in the next month.
Discussion: Staff believes that granting Savannah the requested extensions is consistent with the
requirements for amendment of the PUS. 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 concerned that the dates proposed for Building Permit issuance for the Grand
Aspen site will provide too long a time for the site to be vacant and disrupted following the
demolition of the existing Grand Aspen Hotel
Staff believes that an application for a replacement development, if promptly submitted and
diligently pursued, can be expeditiously reviewed through the Land 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, staff has 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 has 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 recommended changes to the Section
M dates are as follows:
From
TQ
Demolition permit for Lot 5
Grand Aspen Hotel
10/1/99
10/1/1999 (same as per Ord_ 4, 1988)
Building permit issuance
Top of Mill (Lot 3)
10/1/95
7/l/2000
Building permit issuance
Hotel Phase H (Lot 5)
10/1/96
10/1/1999
Certificate of Occupancy
Top of Mill (Lot 3)
10/1/97
10/1/2001
Certificate of occupancy
Hotel Phase H (Lot 5)
6/l/98
5/1/2002
Additionally, the applicants have requested that Section L of the PUD be amended to provide .
that the reconstruction credits discussed in that Section
be fully available until one (1) year
09/17/99 FRI 14:12 FANG 25 7395 Haas Land Plant•, LC 121 003
following the issuance of a demolition permit for the Grand Aspen Hotel_ Staff does not believe
such an Amendment is actually necessary to protect the reconstruction credits. however, in an
attempt to clarify the Section L paragraph in response to the applicant's request, the following
amendment has been provided (please note that ltndul=d text is new and saiketlfeegb. text is
deleted, all other text is as per the existing document):
"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, io
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 attacbed hereto and made a part hereof by reference.
to rteeeenstr-acA same. q to Lo and 5 are extended
-wttil-oneM ve -c--&m Ili n 1 61 Aj irang Asne)
•• • •1 �� :.q �1 tl.,•• ••.� i• .._.
Financial Implications: 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 deadlines. However, the proposed dates are
intended to minimize any loss of tax revenue which will occur due to the period of construction
for the Grand Aspen site.
Recommendation: Staff recommends that the proposed ordinance be adopted on first reading
and a public hearing be set for May I I
Proposed Motion: Staff recommends the following motion:
"I move to approve Ordinance No. S Series of 1998, amending Sections M and L of
the First Amended and Restated Planned Unit Development/Subdivision Agreement for
the Aspen Mountain Subdivision, on first reading and set a public hearing for second
reading on May 1 ?
City Manager Comments:
Attachments:
Ordinance No.
Exhibit 1--Applicant's Petition .
Exhibit 2--Amendment document
0
ber 28, 1999 - Th4efspen
Grand Aspen will stand, but
some aren't happy about it
By Sarah S. Chung
Aspen Times Staff Writer
The Grand Aspen's days as a hotel are over, but
it will remain standing to house students and
employees until October 2000.
On Monday, the Aspen City.Council unanimous-
ly approved extending the demolition date for the
hotel for another, presumably final, year.
Starting on Nov. 1, the former hotel's 150
rooms will serve as employee housing for the
Aspen Skiing Co. Then on May 16, 2000, the
Music Associates of Aspen will take over the
lease and use the hotel as a dormitory for its
students and staff. up
Both the Skico and the MAA, in turn, will
take over maintenance and operating responsi- an
bilities from Savanah Limited Partnership,
which owns the building. But Savanah may
stay involved in the management of Maxfield's
bar and Continental Image, a hair salon cur-
rently located in the Grand Aspen.
"We think it's appropriate for both Max -
field's and the hair salon to continue," said John
Sarpa, representing Savanah.
Still under discussion is whether Savanah or Bill
Venezia, Grand Aspen's current food and beverage
director, will manage Maxfield's. Continental Image
will continue to be run by Lisa Merkel, as it has for
the last 20 years.
Although council members didn't have much to
say in terms of choosing "a big hole" or employee
housing for the Grand Aspen lot, neighbors of the
hotel again showed up in force to protest another
demolition extension.
"You keep pushing it out and pushing it out," said
David Booth, representing about 200 neighbors in
11 separate homeowners associations. "Some of the
residents are so upset that they asked to retain an
attorney to try to stop this."
The main objections of the neighbors included:
the deteriorating maintenance of the hotel; the
potential disturbance that could be caused in the
wake of 150 Skico employees living there; and they
wanted some assurance that this third extension
would be the last.
To assuage the neighbors, the council added an
amendment stating that the Skico and the MAA
must keep maintenance on the Grand Aspen at its
ome of the residents are so
set that they asked to retain
attorney to try to stop this."
-David Booth, neighbor
current level. Council members also strongly indi-
cated that they had no intention of prolonging the
life the hotel past October 2000.
Not wanting to be the bad guys, Booth remarked,
"We're all in favor of employee housing. We have
no problem with the Music Associates ..."
One neighbor was a littl..,iore blunt in contend-
ing that there's a difference between the behavior of
music students and ski employees.
But aside from extending a general rebuttal to the
implication that ski employees are rowdy partiers,
Chris Kyle of the Skico stressed that the resort com-
pany has a lot to lose if it isn't able to manage an
employee housing project well.
"We have a lot of approvals in the works," said
Kyle, referring to housing projects at Aspen High-
lands, Snowmass and Buttermilk. "We have a lot
riding on doing a very good job here."
City poised to delay Grand Aspen's demolition
By Sarah S. Chung
Aspen Times Staff Writer
There's a good chance the Grand Aspen
otel will remain standing another year, this
me to provide seasonal housing.
The Aspen City Council leaned Monday
toward granting the hotel its third stay of
execution, approving on first reading a pro-
posal to grant a third extension on the demo-
lition permit for the building, which was
scheduled to be razed starting Oct. 1.
The hotel's owner, Savanah Limited Part-
nership, has proposed leasing the rooms to
the Aspen Skiing Co. for worker housing this
winter and to the Music Associates of Aspen
for student housing next summer. A key dif-
ference in this extension, however, is that the
Grand Aspen will no longer serve as a hotel.
Final approval is scheduled later this
month.
The general sentiment voiced by the city
planning staff, council members and the pub-
lic was that it makes more sense to use the
hotel for seasonal housing than to tear it
down this fall and leave a "big hole" in the
ground at Galena and Dean streets.
But the proposal did have its detractors,
including the hotel's neighbors, who have
been critical about maintenance of the hotel.
"It's a wreck," said Doug Nehasil, repre-
senting several homeowners' associations
that have members around the hotel.
Neighbors aren't opposed to using the
hotel as employee housing, but they noted
that repeatedly putting off the hotel's demoli-
tion has left the building in disrepair, with
only its front facade being rigorously kept up.
Nehasil also voiced concern that, without
strict supervision, Skico employees may turn
the hotel into Aspen's version of an "Animal
House" fraternity.
Skico attorney Dave Bellack assured the
C /I - / Z-,/ -
council that a full-time manager would be
living on the premises. Bellack also told
council members that the current Grand
Aspen maintenance staff has been
approached about staying on through the
winter.
Originally, Savanah had planned a demo-
lition and construction schedule around
receiving its final approvals for a new hotel at
the site by the end of this year. But, its revised
conceptual plan has yet to go to the council.
Now, construction of the new hotel is
expected to start next fall, if fmal approvals
are in place by next summer. /