The URL can be used to link to this page

Home My WebLink Aboutresolution.apz.020-2013 RESOLUTION NO.20 (Series of 2013) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING APPROVAL OF A PUD—OTHER AMENDMENT FOR THE ST. REGIS HOTEL PROPERTY DESCRIBED AS PART OF THE ASPEN MOUNTAIN PUD SUBDIVISION,BEING A PARCEL OF LAND COMMONLY DESCRIBED AS 315 E.DEAN ST.,CITY AND TOWNSITE OF ASPEN,PITKIN COUNTY,COLORADO. Parcel No. 2737-182-85-033 WHEREAS,the Community Development Department received an application from 315 East Dean Associates, Inc., represented by Alan Richman, requesting a recommendation of approval for a PUD—Other Amendment at the St. Regis Hotel, located at 315 E. Dean St.; and, WHEREAS, City Council formerly adopted Ordinance No. 25, Series of 2003, which approved a PUD Amendment for the subject site and awarded Vested Property Rights status for the conversion of 98 hotel units into 24 timeshare lodge units; and, WHEREAS, 315 East Dean Associates, Inc. has requested a PUD Amendment to the Aspen Mountain PUD to remove specific language in Ordinance No. 25, Series of 2003 that requires the St. Regis Hotel to remain open year-round; and, WHEREAS, pursuant to Section 26.445.100 Amendment of PUD development order of the Land Use Code, Planning and Zoning Commission may review the applicant's request and in this case may make a recommendation to the City Council for final decision; and, WHEREAS, the Community Development Director has reviewed the application and recommended approval of the applicant's request for a PUD — Other Amendment that will remove the requirement requiring the St. Regis Hotel to remain open year-round; and, WHEREAS,the Aspen Planning and Zoning Commission has reviewed and considered the request under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS,the Planning and Zoning Commission finds that the proposal meets or exceeds all applicable land use standards and provides a recommendation of approval of the requested PUD-- Other Amendment by a vote of 5:0 to the Aspen City Council. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF ASPEN,COLORADO,THAT: Section 1: The Aspen Planning and Zoning Commission does hereby provide a recommendation of approval to the Aspen City Council for a PUD Amendment to the Aspen Mountain PUD that will grant the following: RECEPTION#: 604763, 10/16/2013 at 02:21:13 PM, Resolution No. 20, Series of 2013 1 OF 3, R $21.00 Doc Code RESOLUTION Page 1 of 2 Janice K. Vos Caudill, Pitkin County, CO 1. An amendment to the recorded Planned Unit Development Agreement (reception no. 484489) to remove the following language, found in Section 1.10 of Ordinance No. 25, Series of 2003: "With this approval, the applicant shall commit to having the St. Regis Hotel open for business year around." Section 2• All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, 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 Resolution 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 Resolution 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. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 17`h day of September, 2013. PLANNING A D Z N G COMMISSION: Lrs amer,Chai man APPROVED AS TO FORM: r_ Deb Quinn,Assistant City Attorney ATTEST: Kathy Stric d,Deputy City Clerk Attached: Exhibit A: Full legal description of property Resolution No. 20, Series of 2013 Page 2 of 2 EXHIBIT A LEGAL DESCRIPTION THE ASPEN RESIDENCE CLUB&HOTEL LOT 1, FIRST AMENDED PLAT ASPEN MOUNTAIN SUBDIVISION AND PLANNED UNIT DEVELOPMENT, ACCORDING TO THE PLAT THEREOF, RECORDED AND FILED OCTOBER 3, 1988 IN PLAT BOOK 21 AT PAGE 35 AND AMENDMENTS THERETO FILED JULY 1, 1989 IN PLAT BOOK 22 AT PAGE 85,DECEA4BER 28, 1990 IN PLAT BOOK 25 AT PAGF,49, OCTOBER 1, 1992 IN PLAT BOOK 29 AT PAGE 71,AND FEBRUARY 9, 1993 IN PLAT BOOK 30 AT PAGE 65. TOGETHER WITH THE NON-EXCLUSIVE EASEMENT FOR THE PURPOSE,' OF PROVIDING VEHICULAR AND PEDESTRIAN ACCESS, AS CREATED, DEFINED AND ESTABLISHED BY EASEMENT AGREEMENT, RECORDED OCTOBER 4. 1989 IN BOOK 604 AT PAGE 184,HAS BY THESE PRF.SF.NTS LAID OUT PLATTED,CREATED AND SUBDIVIDED THE SAME AS CONDOMINIUMS AS SHOWN ON THIS MAP, UNDER THE NAME AND.STYLE OF THE ASPEN RESIDENCE CLUB AND HOTEL CONDOMINIUM MAP,INITIALLY CONSISTING OF25 RESIDENTIAL UNITS HEREBY DESIGNATED AS CLUB UNITS (AND FRACTIONAL OWNERSHIP UNITS UNDER THE CITY OF ASPEN MUNICIPAL CODE), ONE COMMERCIAL UNIT AND ONE HOTEL UNIT, AND HEREBY SUBMITS THE RF4L PROPERTY AND IMPROYEA4F.NTS THEREON TO THE DECLARATION AND PLAN OF CLUB OWNERSHIP FOR THE ASPEN RESIDENCE CLUB AND HOTEL CONDOMINIUM,RECORDED JANUARY 21,2005,AT RECEPTION NO.506236, AS MAYBE AMENDED FROM TIME TO TIME. COMMERCIAL UNIT,ASPEN RESIDENCECLUB&HOTEL HOTEL.UNIT,ASPEN RESIDENCE CLUB&HOTF.1 UNIT 320,ASPEN RESIDENCE CLUB&HOTEL UNIT B21,ASPEN RESIDENCE CLUB&HOTEL UNIT B22,ASPEN RESIDENCE CLUB&HOTEL UNIT B30,ASPEN RESIDENCF.CLUB&HOTEL UNIT 831,ASPEN RESIDENCE CLUB&HOTEL UNIT 332,ASPEN RESIDENCECLUB& 107-Fl, UNIT 333,ASPEN RESIDENCE CL(.B&HOTEL UNIT 834,ASPEN RESIDENCE CL UB&HOTEL UNIT 335,ASPEN RESIDENCE CLUB&HOTEL UNIT B40,ASPEN RESIDENCE CLUB&HOTEL UNIT 341,ASPEN RESIDENCE CLUB&HOTEL UNIT B42,ASPEN RESIDENCE CLUB&HOTEL UNIT B43,ASPEN RESIDENCECLUB&HOTEL UNIT 844,ASPEN RESIDENCE CLUB&HOTEL UNIT 845,ASPEN RESIDENCE CLUB&HOTEL UNIT 350,ASPEN RESIDENCE CLUB&HOTEL UNIT B51,ASPEN RESIDENCE CLUB&HOTEL UNIT 852,ASPEN RF.SIDFMh CLUB&HOTEL UNIT 853,ASPEN RESIDENCE CLUB&110TE1. UNIT 354,ASPEN RESIDENCF.CLUB°&HOTEI, UNIT 855,ASPEN RFSIDF.NCF.CLUB&IIOTFI, UNIT 860,ASPEN RF_'SIDENCF_CLUB&HOTEL UNIT 362,ASPEN RESIDENCE CLUB&HOTEL. UNIT B64,ASPEN RESIDENCE CLUB&HOTEL UNIT 865,ASPEN RESIDENCE CLUB&HOTEL