HomeMy WebLinkAboutordinance.council.008-98 ORDINANCE NO. 8
(Series of 1998)
AN ORDINANCE RATIFYING AND APPROVING AMENDMENTS TO SECTION L AND
SECTION M OF THE FIRST AMENDED AND RESTATED PLANNED UNIT
DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE ASPEN MOUNTAIN
SUBDIVISION.
WHEREAS, on September 27, 1995, Savanah Limited Partnership ("Savanah) submitted
a written petition to the City Council pursuant to Section M of the First Amended and Restated
Planned Unit Development/Subdivision Agreement ("PUD Agreement") for the Aspen Mountain
Subdivision, seeking an unspecified extension in the construction schedule governing
construction and development of the parcels known as Lot 3 and Lot 5 of the Aspen Mountain
Subdivision; and
WHEREAS, on March 4, 1998 and March 26,1998, Savanah submitted further petitions
clarifying the requested dates of extensmn, and providing a rationale and justification for the
requested Section M amendment; and
WHEREAS, the public interest requires that an appropriate replacement development be
constructed as soon as practicable following the demolition of the Grand Aspen Hotel; and
WHEREAS, a hearing was conducted before City Council on May 4, 1998, during which
Savannah successfully demonstrated that the reasons necessitating extension in the subject
construction schedule were beyond its control; and
WHEREAS, Section M of the PUD Agreement authorizes amendments to the
construction schedule deadlines under circumstances as demonstrated by Savannah; 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, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section 1
The following amendment to the First Amended and Restated Planned Unit
Development/Subdivision Agreement for the Aspen Mountain Subdivision, as amended, is
hereby ratified and approved:
1. Savaunah's construction schedule deadlines as set forth in Section A2 of the PUD
Agreement, and as previously amended by those Section M amendments executed in June 1990,
June 1991, August 1992, October 1992, February 1993, June 1995, February 1998, and March
1998 are further amended to provide as follows:
From To
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 Ord. 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 at the time of the election.
2. Section L of the PUD Agreement is amended to provide as follows:
"Any reconstruction credits to be constructed 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."
Section 2
The amendment as provided for herein is subject to all the terms and conditions as set
forth in that written decision issued by City Council pursuant to Savannah's petition dated March
3, 1998, and amended on March 26, 1998, requesting the extension of the above-described
construction schedule deadline, a copy of which is attached hereto as Exhibit 1.
Section 3
The amendment as provided for herein is to be reflected in a written amendment
document attached hereto as Exhibit 2 which shall be executed and filed in the records of the
Pitkin County Clerk and Recorder's Office.
Section 4
This ordinance shall not have any effect on existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue Of the ordinances repealed
or amended as herein provided, and the same shall be construed and concluded under such prior
ordinances.
Section 5
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
Section 6
A public hearing on this ordinance shall be held on the 1 lth day of May, 1998, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the I lth day of May, 1998.
ATTEST:
~ity ClerZ4~C''
FINALLY adopted, passed and approved the 261h day of May, 1998.
ATTEST:
File: g:\planning\easeload\m~apud7.doe
SC
AMENDMENT TO THE FIRST AMENDED AND RESTATED
PLANNED UNIT DEVELOPMENT/SUBDIVISION
AGREEMENT FOR THE ASPEN MOUNTAIN SUBDIVISION
THIS AMENDMENT tothe First Amended and Restated Planned Unit
Development/Subdivision Agreement for the Aspen Mountain Subdivision CPUD
Agreement"), being entered into between the City of Aspen, Colorado ("City") and
Savannah Limited Partnership ("Savannah" or "Owner") on this __ da~) 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 insmunent 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:
I. 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
on June 10, 199t (recorded in Book 654 at Page 418 in the records of the Pitkin County
Recorder), are amended to provide as follows:
From To
Application to be submitted for
Top of Mill (Lot 3), Hotel Phase II
(Lot 5), and Bavarian Inn* [new] 9/15/t 998
Demolition permit for Lot 5
Grand Aspen Hotel 10/I/99 10/1/1999
[same as per CYrd. 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/I/95 4/1/2000
Building permit issuance
Hotel Phase II (Lot 5) 10/I/96 4/i/2000
Certificate of Occupancy for
all required affordable housing,
including redevelopmerit 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 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
on Lots 3 and 5 are extended until one (I) 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 "I" and incorporated herei~, 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 incbnsistent 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
ATTEST:
~ity Clerk
APPROVED AS TO FORM:
STATE OF COLORADO )
) ss.
County of Pitkin )
The foregoing instrument was acknowledged before me this ~ day of
~ud.'~ , 1998, by ,_~h"~4 '~ "~d="'~kM~t't- as Mayor and Kathryn S.
Koch, City Clerk, of~e City of Aspen, Colorado.
~ESS MY H~D AND OFFICI~ SEAL ~~
My co~ission expires: 41 [ ~/ ~
No '
SAVANAH LIMITED PARTNERSHIP
By:
APPROVED AS TO FORM:
Attorney of Savanah Limited Partnership
STATE OF COLORADO )
) ss.
County of Pitkin )
The foregoing instmmem was acknowledged before me this __ day ~of
,1998, by
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires:
Notary Public
Address
.- SENT. IBY:SAVANAH LT0 PARTNER ; 9- 9-1~8; 4:48PR; 3~3925438'b· 310 229 2929;~ 5
STA~ OF COLO~DO )
CO~ of PiCa )
Th= fo~go~g ~s~ w~ ~l~g~d bcf~ me ~s .. ~ day of
~ch, Cny CI~ of th~ Ci~ d A~, Colorado.
~ESS MY H~D ~D O~IC~ S~
N
SA V ANAB LIMITED
·- By:
APPROVED AS TO FORM: '
,-
&[
Count~ of Fitkin ) ...................
Thc foregoing [ustrument Was acknowledge~ before
~SS MY H~ ~ OFFI~AL
No~ Public