HomeMy WebLinkAboutordinance.council.004-98 ORDINANCE
(SERIES OF 1~98)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING AN
EXTENSION OF THE DEMOLITION DEADLINE FOR THE "GRAND ASPEN
HOTEL" FROM OCTOBER 1, 1998 TO OCTOBER 1, 1999, AMENDING
,SECTION M AMENDMENT TO THE FIRST AMENDED AND RESTATED
PLANNED UNIT DEVELOPMENT/SUDDIVISION AGREEMENT FOR THE
ASPEN MOUNTAIN SUBDIVISION, ASPEN, COLORADO;
WHEREAS, on October 3, 1988, City Council approved the Planned Unit
Development/Subdivision Agreement for the Aspen Mountain Subdivision and
WHEREAS, the Agreement defined a construction s~hedule for the development
of the Aspen Mountain Subdivisioni which included a demolition deadline for the
Grand Aspen Hotel, and
WHEREAS, pursuant to the Agreement, the Owner shall be permitted 16 request
an extension ~'om City Council of the demolition deadline for the Grand As/~en Hotel,
and
WHEREAS, the Agreement has been amended several times as the construction
schedule has been adjusted, with the most recent extension of the demolition deadline
being from October 1, 1995 to Oclober 1, 1998,(pursuant to Ordinance 33, Series of
1995), and
WHEREAS, the applicant, Savanah Limited Liability Parmership, has requested
that the demolition deadline for the Grand Aspen Hotel be extended from October 1,
1998 to OCtober 1, 1999, and
.WHEREAS, the applicant has requested to extend the demolition deadline to
October 1, 1999, in order to facil!tate student housing for the Music Associates, and
WHEREAS, the applicant has submitted a "conceptual PUD development plan/
subdivision application" for the Grand Aspen site and the Top of Mill (dated January
15, 1996), and
WHEREAS, the Aspen City Council requested staff to organize a "citizen
roundtable" to ascertain .community support for extending the demolition deadline, and
WHEREAS, a citizen group comprised of Robert Harth (MAA), John Sarpa
(Savanah Limited), Bill Dinsmoor (Main Street Cafe), Penney Carruth (Mason and
Morse), Ruth Kruger (Grand Aspen Hotel), Larry Ledin~ham (Snow Queen Lodge),
Doug Neihaus(Aspen Lodging Company), Michael Behrent (St. Moritz), Charlie
Patterson (Boomerang Lodge), and Laurie Dows (ACRA) met on Jfinuary 21, 1998,
to discuss the merits of.the request for a one year extension, and
WBEREAS, the majority of the citizen group (there were two dissenters)
recommended that the demolition deadline for ~the Grand Aspen Hotel be extended for
one year to October 1, 1999, with the same conditions set forth in Ordinance 33,
Series of ~995, and
WHEREAS, Council having reviewed the Memorandum of City Manager Amy
Margerum regarding the ."Extension of Deadline for the Demolition of the Grand
Aspen Hotel," which is dated February 2, 1998, and having considered the citizen
group? s recommendation concerning the extension does hereby wish to grant an
extension from October 1, 1998 to October 1, 1999.
NOW~ TBEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
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Section 1:
The Aspen City Council does hereby gra~t an extension of the deadline for complete
demolition of the Grand Aspen Hotel from October 1, 1998 to October 1, 1999,
thereby amending the Section M Amendment to the First Amended and Restated
Planned Unit Development/Subdivision Agreement for the Aspen Mountain Subdivision,
as amended, with~the following conditions:
1. This extension is not an extension 0ryested rights status.
2. Savanah Limited Partnership shall take all steps reasonable and 'necessary to cnfurce
all deed restrictibns placed on the Alpina HauS and the Copper Horse properties to ensure
that Savanah has ~omplied with their employee mitigation requirements of the Aspen
Mountain Subdivision/PUD Agreement.
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3. Savanah shall provide parking spaces on the Grand Aspen site to comply with the
Aspen Mountain Subdivision/PUD Agreement. Said spaces shall be appropriately
marked to the satisfaction 0fthe Community Development Director. Failure to provide
the spaces by October 1, 1998, shall render this extension void.
4. The Grand Aspen Hotel shall be maintained and operated in a fashion'that is
consistent with existing Municipal Codes that govern health, safety, and ivelfare of
occupants.
5. The following operational schedule shall apply for the Grand Aspen Hotel:
Summers 1998 and 1999:~
50 rooms rented without restriction;
100 ,rooms rented as either music stadent housing or Savanah employee housing
(with a miuimum of 75 rooms for music students).
Winter of 1998-1999 :~
50 rooms rented without restriction;
38 rooms rented for Savanah employees only, and
62 rooms rented for groups '(20 room minimum group size).
Off Season:
Closed 12 - 13 weeks during the off season.
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* Summer: MemOrial Day weekend through September 30th.
Winter: The day before Thanksgiving to the date of the scheduled lift closing..
Final Demolition Permit and Demolition: October 1, 1999.
6. The verification system developed by Ordinance 33, Series of 1995, shall remain .
in full force and effect.
7. Failure to comply with conditions 0fapproVal oftlie operation restrictions of the
Grand ASpen Hotel shall cause closure of the hotel' within ten (10) days of written
notice by theI City Att0rney's Office.
Section 2:
If any section, subsection, sentence, clause, phrase or portion of this ordinance is
for any reason held invalid or unconstitutional by any court Of competent jurisdiction,
iuch provision and such holding shall not affect the validity of the remaining portions
thereof.
Section 3:
This ordinance shall not affect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending undelr 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:
A public hearing on the Ordinance shall be held on the ~ dayo ~t_~;1998,
at 5:00 p.m. in the City Council Chambers,' Aspen City Hall, 130 South Galena, Aspen,
Colorado. Fifteen (15) days prior to said hearing a public notice of the same
shall be published once in a newspaper of general circulation within the City of Aspen.
ATTEST:'
Cigy Clerk
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FINALLY adopted, passed, and approved this day o ,1998.
john en~nett, Mayo/~r'~'~4~
ATTEST: -.
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