HomeMy WebLinkAboutordinance.council.052-01 ORDINANCE No. 52
SERIES OF 2001
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE FINAL
PLANNED UNIT DEVELOPMENT APPLICATION INCLUDING
SUBDIVISION, CONDOMINIUMIZATION, CONDITIONAL USE FOR
TIMESHARE, MOUNTAIN VIEW PLANE, SPECIAL REVIEW, AND GROWTH
MANAGEMENT QUOTA SYSTEM EXEMPTION (GMQS) FOR THE GRAND
ASPEN SITE, LOT 5 OF THE ASPEN MOUNTAIN PUD, CITY AND
TOWNSiTE OF ASPEN, PITKIN COUNTY, COLORADO
PARCEL NO. 2 73 7-182-85-005
WHEREAS, the Community Development Department received an application
from Grand Aspen Lodging, LLC c/o Four Peaks Development, LLC (Applicant),
represented by Vaun Associates, requesting Final Planned Unit Development (PUD)
approval for Lot 5 of the Aspen Mountain PUD (hereinafter "AMPUD"); and
WHEREAS, Grand Aspen Lodging, LLC c/o Four Peaks Development, LLC
requested specific land use approvals as part of the Final PUD which consists of Final
PUD Development Plan, Subdivision, Condominiumization, Timeshare, Conditional Use,
Mountain View Plane, Special Review, and GMQS Exemptions; and
WHEREAS, Savanah Limited Partnership, owner at the time of Lot 5 of
AMPUD, received Conceptual PUD approval for AMPUD on December 6, 1999 which
is memorialized through Resolution No. l 11, Series of 1999; and
· WHEREAS, pursuant to Resolution No. 47, Series 2001, Amended Conceptual
PUD Approval was obtained for Lot 5 AMPUD on May 29, 2001; and
WHEREAS, Resolution No. 47, Series of 2001 erroneously identified Top of
Mill Investors, LLC, as the owner at the time of Lot 5 AMPUD rather than the Applicant,
Grand Aspen Lodging, LLC who was the owner at the time of Lot 5 AMPUD; and
WHEREAS, the Aspen / Pitkin County Housing Office, the City Zoning Officer,
the City Engineer, the Parks Department, Aspen Consolidated Waste District, the
Environmental Health Department, the City Fire Department, the City Streets
Department, the City Parking Department, the City Water Department, and the City
Electric Department reviewed the development proposal for Lot 5 AMPUD and provided
written referral comments to the Community Development Department as a result of the
Development Review Committee meeting; and
WHEREAS, the Applicant appropriately applied for specific land use approvals
pursuant to the June 1996 reprint of Title 26, Land Use Regulations, of the 1995 Aspen
Municipal Code for the Final PUD for Lot 5 AMPUD including Final PUD Development
Plan, Subdivision, Mountain View Plane, Special Review; and
Page: 1 of 9
02/27/2002 lI:5tg
SlLVlA DAVIS PlTKIN COUNTY CO R 45.00 D 0.00
W}IEREAS, the Applicant appropriately 'applied for Conditional Use (Section
26.425 of the Land Use Code dated 2/4/02), Timeshare (Section 26.590 of the Land Use
Code dated 2/4/02), and Condominiumization (Section 26.480 of the Land Use Code
dated 2/4/02) for Lot 5 AMI)L~; and
WItEREAS, pursuant to Section 26.304.060 of the Land Use Code, and in
consultation with the applicant, the Community Development Director has permitted a
modification in review procedures to combine the Conditional Use, Timeshare, Special
Review, Mountain View Plane, and condominiumization with the Planned Unit
Development, Subdivision, and Growth Management Quota Exemptions (GMQS) review
for the purposes of ensuring economy of time and clarity; and
WItEREAS, such review procedure modification has not lessened any public
heating noticing or any scrutiny of the project as would otherwise be required; and,
WHEREAS, upon review of the application, referral comments, and the
applicable Land Use Code standards, the Community Development Department
recommended approval of the Final Aspen Mountain PUD land use requests for Lot 5
with conditions; and
WHEREAS, the Planning and Zoning Commission forwarded a recommendation
of approval to the City Council via Resolution No. 45, Series 2001, by a vote of five to
zero (5 - 0), Final Planned Unit Development Application including Subdivision,
Condominiumization, 'Conditional Use for Timeshare, Mountain View Plane, Special
Review, and Growth Management Quota Exemptions (GMQS) for the Grand Aspen Site,
Lot 5 of the Aspen Mountain PUD; and
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the applicable Municipal Codes as identified
herein, has reviewed and considered the recommendation of the Community Development
D/rector, the Planning and Zoning Commission, the Aspen / Pitkin County Housing
Authority, the applicable referral agencies, and has taken and considered pubhc comment at
a public heating; and
WHEREAS, the City of Aspen City Council finds that the development proposal
meets or exceeds all applicable development standards and that the approval of the
development proposal, with conditions, is consistent w/th the goals and elements of the
Aspen Area Community Plan; and
WHEREAS, the City of Aspen City Council approved, by a :vote of five to zero (5
- 0), Final Planned Unit Development Application including Subdivision,
Condominiumization, Conditional Use for Timeshare, Mountain View Plane, Special
Review, and Growth Management Quota Exemptions (GMQS) for the Grand Aspen Site,
Lot 5 of the Aspen Mountain PUD; and
WItEREAS, this Ordinance No. 52, Series of 2001, as adopted, incorporates ail the
relative and applicable conditions of approval formerly contained in Resolution No. 111,
Series of 1999 granting Conceptual PUD Approval to Lot 5 AMPUD by City Council and
Page: 2 o~'
02/27/2002
SILYTI:I DIclVIS PITKIN COUNTY CO R 45.00 D ~.00
Resolution No. 47, Series of 2001 granting Amended Conceptual PUD Approval to Lot 5
AMPUD by City Council thereby allowing this ordinance to supersede those Resolutions
regarding the conditions of approval as stated herein; and
WHEREAS, the City of Aspen City Council finds that this Ordinance furthers and
is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY TIlE ASPEN CITY: COUNCIL AS
FOLLOWS:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, the requests for the Final PUD including Final PUD Development Plan,
Subdivision, Condominiumization, Timeshare, Conditional Use, Mountain View Plane,
Special Review, and GMQS Exemptions for Lot 5 of the Aspen Mountain PUD is
approved with the following conditions stated herein.
1. The City Council hereby approves a variance from timeshare standard
26.590.010(C)(3) Integration, allowing the Applicant to specifically exclude the 9
affordable housing units from being integrated in the fractional ownership plan as
these units will be owned, deed-restricted, and rented by the Applicant in
accordance with the Aspen / Pitkin County Housing Authority (APCHA)
guidelines.
2. The City Council hereby approves a variance from timeshare standard
26.590.010(C)(6)(a) Maintenance, allowing the Applicant to vary the
maintenance plan standard such that the Applicant wilt have a priority right to
reserve at least one week and a maximum of four weeks per year for maintenance
and repair on the units.
3. The City Council hereby approves a variance from timeshare standard
26.590.010(C)(14) Right to Rescind allowing the Applicant employ a five (5) day
rescission period with respect to the purchase of a fractional ownership interest
consistent with the Colorado Revised Statutes.
4. The City Council hereby approves a variance from timeshare standard
26.590.010(C)(15) Escrow of Deposits allowing the Applicant the additional
flexibility of posting a "letter of credit" or "bond" consistent with Colorado Real
Estate Commission requirements.
5. The City Council hereby approves a variance from the timeshare standard
26.590.010(C)(2)(c)(1) whereby the Applicant shall not be required to adhere to
the $100.00 Gift-Giving Limit regarding inducements to prospective purchasers to
attend a sales presentation or to purchase timeshare estates.
6. The City Council hereby approves a variance from the timeshare standard
26.590.010(C)(1) whereby the Applicant shall not be required to pay to the City
of Aspen a sum of twenty thousand dollars ($20,000.00) cash or a twenty
Page: 3 of ct
02/27/2002 11
SILVIA DAVIS PITKIN COUNTY CO R 45.00 D 0.00
thousand dollar ($20,000.00) irrevocable letter of credit ensuring the Applicant
does not deviate from the proposed marketing plan.
7. That the Applicant shall record the approved condominium subdivision plat in the
office of the Pitkin County Clerk and Recorder within one hundred eighty (180)
days of its approval by the Community Development Director; said plat to be
submitted to the Community Development Department for review upon
substantial completion of construction. Failur~ on the part of the applicant to
record the plat within one hundred eighty (180) days following approval by the
Community Development Director shall render the plat invalid and a new
application and approval for the plat will be required.
8. The Applicant shall record a PUD Agreement and the Final PUD Plans within
180 days of the final approval by City Council of Lot 5 of the Aspen Mountain
PUD with the Pitkin County Clerk and Recorder binding this property to this
development approval. The PUD Agreement and Plan shall include the following
information:
a. The information required to be included in a PUD Agreement, pursuant to
Section 26.84.040 of the June 1996 reprint of Title 26, Land Use
Regulations, of the 1995 Aspen Municipal Code.
b. A final plat meeting the requirements of the City Engineer and showing
easements, encroachment agreements and licenses with reception numbers
for physical improvements, and location of utility pedestals.
c. An illustrative site plan of the project showing the proposed
improvements, landscaping, parking, and the dimensional requirements as
approved.
d. A drawing representing the project's architectural character.
9. The following dimensional requirements of the PUD are approved and shall be
printed on the Final Illustrative Plan. '(Units measured in feet or square feet):
6,000 sq. ft.
I bedroom / 1,000 sq. ft.
60 feet
10 feet
5 feet
10 feet
28 feet
10 feet
25 %
1:1
Free market units require 2 spaces
per dwelling unit; AH is set through
Special review at 1 space per one
bedroom unit
Page: 4 of g
02/27/2002 1~:52~
$ILVIA DAVIS PZTKIN COUNTY CO R 45.88 D 0.0¢
*The requested height modification shall be consistent with the approved "Natural
Grade Height Analysis" recorded as part of the Amended Final Plat of Lot 5, Aspen
Mountain Subdivision/PUD.
**This number is figured on net lot area as calculated in the PUD section of the Staff
Findings regarding open space.
10. The building permit application for Lot 5 shall include:
a. A copy of the final Ordinance.
b. The conditions of approval printed on the cover page of the building permit
set.
c. A completed tap permit for service with the Aspen Consolidated Sanitation
District.
d. In the event required, a tree removal permit from the City Parks Department
and any approval from the Parks Department Director for off-site replacement
or mitigation of removed trees.
e. A drainage plan, including an erosion control plan, prepared by a Colorado
licensed Civil Engineer, which maintains sediment and debris on-site during
and after construction. If a ground recharge system is required, a soil
percolation report will. be required to correctly size the facility. A 2-year
storm frequency should be used in designing any drainage improvements.
f. A management plan for construction parking, traffic, and noise and said plan
shall consider neighborhood concerns.
11. The building permit plans shall demonstrate an adequate fire sprinkler system and
alarm system for the new buildings as required by the Aspen Fire Marshal.
12. The service / delivery area shall be provided with a means of precluding vehicles
from turning left onto South Mill Street. Time limitations for deliveries shall be
set, and a plan indicating how delivery vehicles will maneuver to enter to enter
the loading docks shall also be provided to the Engineering Department. All
service / delivery functions shall comply with the regulations currently in effect,
as may be amended from time to time.
13. The proposed building mass and related impermeable surface layout will closely
conform with the final outcome of the Aspen Mountain Drainage Basin Master
Plan (AMDBMP) design and construction criteria. It shall be the Applicant's or
its successor's and assign's responsibility to fully comply with the drainage
criteria and perform within the parameters set forth in the report.
14. Prior to issuance of a building permit the primary contractor shall submit a letter
to the Community Development Director stating that the conditions of approval
have been read and understood and all tap fees, impacts fees, and building permit
fees shall be paid. If an alternative agreement to delay payment of the Water Tap
and/or Parks Impact fee is finalized, those fees shall be payable according to the
agreement.
15. The Applicant shall convey an undivided fractional interest (one tenth of 0.1%) in
the ownership of the deed restricted affordable housing to the Asper/Pitkin
County Housing Authority for the purposes of complying with the recent
Colorado Supreme Court Decision regarding rent control legislation. Prior or
subsequent to this conveyance, the Applicant may submit an alternative option to
satisfy the rent control issue acceptable to the City Attorney.
16. The Applicant shall indemnify and hold harmless the Aspen/Pitkin County
Housing Authority and City of Aspen from any claims, liability, fees or similar
charges related to ownership in the deed restricted affordable housing units.
17. The Applicant shall complete and record the deed restriction for the 9 affordable
housing units prior to application for certification for occupancy.
18. The Applicant shall pay the required School Land Dedication Fee to the City of
Aspen, which is due and payable at the time of building permit application for the
development. This fee shall be assessed at the rate of the regulations and
calculations in effect at the time of the building permit application.
19. The Applicant shall pay the required Park Development Impact Fee to the City of
Aspen, which is due and payable at the time of building permit application for the
development. This fee shall be assessed at thc rate of the regulations and
calculations in effect at the time of the building permit application.
20. The affordable housing mitigation for Lot 5 shall be for 40.9 net new employees
and shall be provided as follows:
a. The Applicant shall provide 9 on-site deed restricted affordable housing
units to have the net livable area as follows and as depicted on the site
plan represented in the Final PUD Application to mitigate for 15.75
employees:
1. Unit #1 & #2 = 1-bedroom with a minimum of 634 sq. ft.
2. Unit #3 through #8 = 1-bedroom with a minimum of 665
sq. ft.
3. Unit #9 -- 1-bedroom bedroom with a minimum of 817
sq. ft.
b. The Applicant shall provide affordable housing mitigation for 13
employees to be housed in the Bavahan Inn affordable housing project;
c. The Applicant shall make a payment of cash-in-lieu to the Aspen / Pitkin
County Housing Authority for 12.15 employees to be paid at the time of
building permit application and as recommended by the Aspen / Pitkin
County Housing Authority at a regular meeting held on November 7th,
2001. This fee shall be assessed at the rate of the regulations and
calculations in effect at the time of the building permit application.
Page: 6 of 9
21. The Applicant shall be required to purchase and make available at all times valley
bus passes for all employees not housed on-site.
22. The Applicant shall provide a total of 111 off-street parking spaces in the
represented sub-grade garage (2 for each of the 51 residential units for a total of
102 spaces as required under the L/TR zone district and 1 for each of the on-site
affordable housing units for a total of 9 spaces); and 9 spaces to be located on
west side of South Galena Street adjacent to Lot 5 AMPUD to replace the 9
spaces on Dean Street. They shall be signed as appropriate by the City Streets
Department at the Applicant's expense for use of the Silver Circle Ice Rink
patrons.
23. The Applicant shall consult the Environmental Health Department for review and
approval of pool and spa plans and specifications (complete with piping layout,
equipment and mechanical specifications along with design calculations) at least
30 days before issuance of a building permit.
24. The Applicant shall contact the Aspen Consolidated Sanitation District for their
recommendation on the proper size of the grease trap. The City of Aspen
regulates restaurant grills and the Applicant shall contact the Environmental
Health Department to be sure that if a grill is planned, that it Complies with City
code.
25. The developer shall provide a letter of credit or sufficient cash to the City of
Aspen in an amount to be determined by the City Engineering Department to
ensure that if any of the surrounding roads are damaged as a result of the
development on Lot 5, they will be responsible for fixing the damaged areas.
26. All unsold units that are not used by the Applicant for exchange, marketing or
promotional purposes shall be made available for short-term rent until purchased.
This condition shall also be included in the PUD and Subdivision Agreements to
be recorded in the Pitkin County Clerk and Recorder's office.
27. Nothing in the timeshare documents shall prohibit short-term rentals or
occupancy. It is the intent of this condition that the non-deed restricted units shall
be available for short-term rental purposes when not occupied by the purchaser or
its guests or utilized for exchange programs.
28. The City Finance Department, City Manager's Office, and the Applicant have
completed and agreed upon an analysis that determined the projected sales tax
loss to be incurred with this project. Moreover, this analysis requires, and the
Applicant agrees, that a Timeshare Impact Fee (TIF) equal to $4,022.00 per
Timeshare interest shall be paid to the City of Aspen on the initial sale of every
interest sold in this project. The City will collect this impact fee as these 1,020
interests are sold thereby concurrently paying for the incremental impacts
generated fi.om development. The resale of Timeshare interests shall be exempt
fi.om the Timeshare Impact Fee.
$ILVltl DnVrs PITKIN COUNTY C9 R 45.00 13 O.OO '
29. That the Applicant shall include appropriate language in the Final PUD
A~'eement for Lot 5 and it's associated condominium documentation regarding
the homeowner's association for Lot 5 (to be reviewed and approved by Staff)
that ensures that the 9 "rented" AH units shall comply with the representations
made in the application, adhere to the conditions of this Final PUD Approval, and
comply with the required deed restrictions as administered by the Aspen / Pitkin
County Housing Authority so that the renters of said units shall not be unduly
burdened by a disproportionate share of responsibilities associated with the
ownership of these units.
Section 2.'.
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as hcn'ein awarded, whether in public heating or
documentation presented before the City of Aspen City Council, are hereby incorporated in
such plan development approvals and the same shall be complied with as if fully set forth
herein, unless amended by an authorized entity.
Section 3:
This Ordinance (Ordinance No. 52, Series of 2001) shall not affect any existing litigation
and shall not operate as an abatement of any action or proceeding now pending under or by
virtue of the ordinances repealed or amended as herein provided, and the same shall be
conducted and concluded under such prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance (Ordinance
No. 52, Series of 2001) is for any reason held invalid or unconstitutional in a court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and shall not affect the validity of the remaining portions thereof.
Section 5:
A public hearing on this Ordinance (Ordinance No. 52, Series of 2001) was held on the
14th .
day of January and continued to January 28th, 2002, at 5:00 PM in the City Council
Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a
public notice of the same was published in a newspaper of general circulation within the
City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on this 17th day of December, 2001.
Attest:
'KathrYn ~. I~ch, City Clerk Helen K~d'~-rh~, M~yo~''~
Page: ;5 of 9
02/27/2002 11. :51.~:
SlLVIA DAVIS PI?KIN COUNTY CO R 45.00 O ~.00
FINALLY, adopted, passed and approved this 28th Day of January, 2002.
Attest: ~
Kathryn S. ~/ch, City Clerk ~
Approved as to form:
~J-0~'~Worc~ester, City Attorney
Page: 9 of
02/27/2002
$ILVIA DRVI$ PITKIN COUNTY CO R 45.~0 O ~.00