HomeMy WebLinkAboutcoa.lu.pu.Aspen Mt Pud Lot M.A13900
CASE NUMBER
PARCEL In #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
A 139-00
2737-182-85005
Section L and Section M Amendments ,to Aspen Mountain
Lots 3 & 5, Aspen Mountain PUD
Joyce Ohlson
PUD Amendment
Savanah Limited Partnership
John Sarpa
12/11/00
Ord.53-2000
Approved
12/19/00
J. Lindt
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MEMORAl"DV1\I
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Mayor and City Council
THRU:
Steve Barwick, City Manager
John Worcester, City Attorney
Julie Ann Woods, Community Development Director CJ1~~
Joyce Ohlson, Deputy Director -..J:A-\) r
Chris Bendon, Senior Planner ck.' ~
Aspen Mountain PUD Code Amendments
2nd Reading of Ordinance No. 41, Series of 2000
L TR Zone District
GMQS Residential Reconstruction Credit Conversion
FROM:
RE:
DATE:
September 25.2000
SODIARY:
Conceptual Planned Unit Development approvals were granted for Aspen Mountain
PUD/Subdivision Lot #3 and #5 pursuant to City Council Resolutions 99-93 and 99-
11 ]. attached. Both of these conceptual approvals included conditions that the
developer work with the Community Development Director in processing Land Use
Code text amendments in order to facilitate the development considered in the
conceptual approvals. There are two proposed amendments. described under the
heading "Amendments."
The Planning and Zoning Commission reviewed these amendments as proposed and
recommended approval by a six to one (6-1) vote.
The Commission, however, questioned the benefit of still requiring the Aspen
Mountain PUD to compete in GMQS for the necessary allotments after converting the
residential allotments. The Commission felt that the "conversion" should allow the
existing residential allotments to suffice as the necessary lodge allotments to
accommodate the planned 150 unit hotel v.ithout the additional "hoops" of a scoring
procedure. To this end, a second motion was made and unanimously approved
recommending City Council allow the existing reconstruction credits to be converted
to accommodate the 150 unit hotel.
The Commission's suggestion would affect the rate stated in the proposed Ordinance.
increasing that rate from 2 to 2.95 lodge units per residential credit. Staff has
provided additional analysis of this suggestion under the heading "Amendments."
Staff recommends City Council adopt Ordinance No. 41, Series of 2000.
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A~IEl'iDMEl'iTS:
LTR Zone District.
Single-familv homes in this zone district are described as an allowed use on lots of
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6,000 square feet or less. The minimum dimension for a single-family lot is 6.000
square feet. In combination, this allows for single-family home to be built onlv on
lots of exactly 6,000 square feet.
The PUD process allows for the establishment of dimensional requirements but does
not allow for variation in use. This amendment would places both of these limitations
in the dimensional section and allows a PUD development review to dictate lot sizes.
Residential Reconstruction Conversion Credit.
The Conceptual PUD approval granted to Savannah Limited Partnership contemplates
the development of a 150 unit hotel to replace the existing Grand Aspen Hotel rather
than residences. The applicant maintains 47 residential reconstruction rights, 34 of
which are intended for the Grand Aspen site. The applicant has also maintained 50
lodge allotments. In order to facilitate the development of a 150 unit lodge. the
conceptual approval contemplated the "conversion" of residential credits to lodge
credits at the rate of 2 lodge units per each residential credit. Combining the 50 lodge
allotments and 68 (34 x 2) converted allotments, the applicant would need to compete
for approximately 32 lodge allotments for the proposed 150 unit hotel.
The Planning and Zoning Commission passed a follow-up recommendation that the
existing residential credits held by Savannah be considered sufficient for a 150 unit
hotel. This suggestion represents increasing the conversion rate from 2 to 2.95 lodge
units per residential credit.
Procedurally. this increased conversion rate would eliminate Savannah's need to
"compete" through the GMQS process. Such an increase in the conversion rate does
not reduce any of the substantive review authorities of the City. The GMQS
exemption, rather than the competition, would still allow the City flexibility in
requiring employee mitigation. The PUD criteria would still allow the City to discuss
heights, building mass, FAR, parking, circulation, number of rooms, architectural
style, and compliance v.ith the AACP.
The increased conversion rate would place the authority of approving or denying a
150 unit lodge project entirely v.ith the City Council, as opposed to the Growth
Management Commission. This higher conversion rate would eliminate Pitkin
County Planning and Zoning Commission's fonnal review authority as half of the
Gro\\1h Management Commission. However, Pitkin County Community
Development Department does not foresee the GMC review of this proiect as
substantially beneficial to Pitkin County. They believe their primary concerns have
been addressed by the provision of 100% employee mitigation and provision of the
employee units within the Urban Grov.th Boundary.
Lastly. the conversion rate would have an effect upon the number of Lodge
allocations remaining in the "bucket" for other projects. Requiring Savannah to
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compete for allotments would result in fewer units available for other potential
projects, whereas providing a higher com'ersion rate would leave 32 more allotments
available.
There are no existing conversion rates in either the City Land Use Code or set forth
by similar communities that could be used as a reference. Certainly there is merit in
the agreed upon conversion rate of two lodge units per residential unit. It is
reasonable, however, to assume a residential development could have substantial
growth and employee generation impacts, possibly equivalent to three lodge rooms
per residential unit. Staff believes either of the two rates are reasonable and can be
supported.
ApPLICAl'iT:
Savannah Limited Partnership. Represented by Sunny Vann and John Sarpa.
PREYIOl'S ACTIO:\:
City Council has not previously considered this text amendment application. Lots 3
and 5 were granted Conceptual PUD apprO\'a] pursuant to City Council Resolutions
99-93 and 99-111, respectively. The text amendments were contemplated in the
conceptual approvals, attached as Exhibit "B."
REnEW PROCEDl'RE:
Text A171endmel11. City Council shall, by Ordinance. approve or deny the application
for amending the text of the Land Use Code at a public hearing after considering a
recommendation from the Community Development Director and the Planning and
Zoning Commission made during a public hearing.
STAFF CO'I~IE:\TS:
Revie\\' criteria and Staff findings ha\'e been included as Exhibit "A:' The A!\fP1.JD
Conceptual approval resolutions have been included as Exhibit "B" The application
has been included as Exhibit "C,.
RECO~I~IE:\DA T10l'i:
Staff recommends City Council adopt Ordinance No. 41, Series of2000.
CITY MAl'iAGER COMMEl'iTS:
REco'mE:\DED MOTIo~:
"I move to adopt Ordinance No. 41, Series of2000."
A IT ACH'IENTS:
Exhibit A
Exhibit B
Exhibit C
-- Review Criteria and StaffCommems
Resos. 99-93 and 99-111
Development Application
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AMENDMENT TO THE FIRST AMENDED AND RESTATED
PLANNED UNIT DEVELOPMENT/SUBDIVISION
AGREEMENT FOR THE ASPEN MOUNTAIN SUBDIVISION
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 v.ithin
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 II th, 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:
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
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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:
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 ofthe 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, follov.ing 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
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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
I above shall be and remain in force and effect only insofar as Savannah complies v.ith
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 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
Mayor
ATTEST:
Kathryn S. Koch, City Clerk
APPROVED AS TO FORM:
City Attorney
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STATE OF COLORADO )
) ss.
County of Pitkin )
The foregoing instrument was acknowledged before me this _ day of
, 1998, by as Mayor and Kathryn S.
Koch, City Clerk, of the City of Aspen, Colorado.
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires:
Notary Public
Address
SA V ANAH LIMITED P ARTNERSffiP
By:
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
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SAVANAH LIMITED PARTNERSHIP
RECEIVED
SEP 2 6 2000
ASPEN! PITKIN
COMMUNITY DEVELOPMENT
TO:
FROM~
John Sarpa
DATE: 9/26/00
Julie Ann Woods
COMPANY:
FAX NUMBER:
TOTAL NO. OF PAGES INCLUDING COVER:
5
PHONE NUMBER:
SENDER'S REFERENCE NUMBER:
RE:
YOUR REFERENCE NUMBER:
Section M Amendment Hearing
o URGENT 0 FOR REVIEW
o PLEASE COMMENT 0 PLEASE REPLY
o PLEASE RECYCLE
Julie Ann,
Attached is a request from Savanah Limited Partnership for a hearing with the Gty Council to consider
the adjustments of various dates under the Aspen Mountain PUD and Ordinance 38 of 1999. The first
hearing would only require enough time for a first hearing so we would hope to be on Council's agenda
soon.
Please let me know when it would be convenient to meet with you to review the various proposed dates.
Thank you and I look forward to hearing from you.
Regards.
515 SOUTH GALENA,
ASPEN, COLORADO 81611
TEL. 970-92S-4272,FX. 970-925_4387
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REQUEST FOR SECTION M AMENDMENT TO ASPEN MOUNTAIN PUD
Submitted by Savanah Limited Partnership
September 26, 2000
This request to amend certain construction and other dates contained in the Aspen
Mountain PUD (the PUD), and in Ordinance 38 of 1999, is made pursuant to Section M
of the PUD.
Savanah Limited Partnership and the City of Aspen have been engaged in the approval
process for the final parcels contained in the PUD, Lots 3 (Top of the Mill) and 5 (the
Grand Aspen Hotel) and the Bavarian Inn for many months. Separate from that review
process but related to it, Savanah and the City have agreed upon a number of dates from
time to time that relate to how and when those three parcels would be processed,
approved and built. The most recent agreement on those dates is contained in Ordinance
38 of 1999.
When those dates were agreed to in September of 1999, both Savanah and the City had to
estimate when conceptual and final approvals for the three sites would be received. Given
that estimate, other dates were then established for various building permits, certificates
of occupancy, etc. on the three parcels.
Conceptual approvals for all three sites were received on December 6, 1999. Under the
Aspen land use code, Savanah has until one year after that date, i.e., December 6, 2000,
to submit the final applications for each site. Given the complexity ofthe architectural
and engineering work required for each fmal submission, Savanah v.ill not be submitting
the final approval applications until, or just before, December 6, 2000.
Now that the final submission dates are more accurately predicted, it can also be
estimated that final approvals will not likely be received until sometime in the summer of
200 I. This being the case, all of the dates contained in Ordinance 38, v.ith the exception
of the Grand Aspen demolition date, are unattainable by a v.ide margin.
It should also be noted that each of the properties in question are under contract for sale
by Savanah. However, due to the unpredictability of any such transaction, Savanah has
been proceeding v.ith all its various development consultants to process and prepare the
final applications v.ith all appropriate priority to meet the December 2000 deadlines.
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2.
I. Grand Aspen Demolition Permit Date:
Savanah submitted a complete demolition permit application through its demolition
contractor to the Aspen Building Department the week of September 18,2000. Although
the Permit may be issued on or about October 2, 2000, it is possible that date may be
missed by a small amount oftime. (The Ordinance 38 date for the demolition permit is
October 1, 2000 but that date falls on a Sunday. Thus, Monday, October 2,2000 is the
official date for the permit.) If that extra time is necessary, Savanah is requesting what
will be a nominal extension of the demolition permit date from October 2, 2000 to the
actual date the permit is issued.
II. Other Dates:
Now that the various site development plans are more precisely defined due to the
conceptual approvals, more accurate building and construction dates can be estimated.
Thus, the follov.ing proposed dates for building permit applications and certificates of
occupancy are more specific than those dates found in Ordinance 38.
Several items should be noted about these proposed dates. First, the total construction
time for each parcel is the same as that used in Ordinance 38. Second, all affordable
housing v.ill continue to be built (certificate of occupancy) or obligations met (cash in
lieu, etc.) concurrent v.ith or before all free market units receive their certificates of
occupancy.
The specific requested dates for Lots 3 and 5 and the Bavarian are as follows:
1. Lot 5, Grand Aspen Hotel Site
a) Demolition Permit:
Date of Permit Issuance
b) Demolition Time Table
April 16, 200 I to commence demolition; to be completed v.ithin ninety
(90) days thereafter.
c) Building Permit Submission
Within one hundred and eighty (180) days after recordation of all final
PUD documents.
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d) Certificate of Occupancy
Within thirty (30) months after receipt of building permit, but no sooner
than the receipt of a certificate of occupancy for the Bavarian Inn project.
2. Lot 3, Top of Mill
a) Permit Application(s) for Infrastructure and Removal ofFill Material
Submit said application(s) within thirty (30) days after recordation of all
final PUD documents.
b) Building Permit Applications
At owner's discretion, but no sooner than the issuance of a building permit
for the Bavarian Inn affordable housing project.
c) Certificate of Occupancy for the Parcell Multi-Family Free Market Units
No sooner than the receipt of a certificate of occupancy for the Parcel 2
affordable housing units.
d) Certificates of Occupancy for the Duplex Free Market Unit on Parcel 3 and the
Single-Family Free Market Units on Parcels 4, 5, 6, 7 and 8.
No sooner than the receipt of a certificate of occupancy for an on-site
accessory dwelling unit or upon the payment of the applicable affordable housing impact
fee.
3. Bavarian Inn Affordable Housing Project
a) Building Permit Application
documents
Within ninety (90) days after recordation of all final PUD Bavarian Inn
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b) Commence Construction
Within thirty (30) days after receipt of building permit for Bavarian Inn
project but no sooner than the recordation of all final PUD documents for Lots 3 and 5.
c) Certificate of Occupancy
Within eighteen (18) months after recordation of all final PUD documents
for Lots 3 and 5.
Given what we know today about the likely final approval timetable, Savanah is
confident these dates are realistic and achievable. Thus, we respectfully request a hearing
before the City Council to consider all these matters. Thank you.
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OCT-25-00 WED 04:36 PM
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SAVANAH LIMITED PARTNERSHIP
FACSIMILE 'tRANSMITTAL SfiEET
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TO:
Julie Ann Woods
COMPANY,
FROM,
John Sarpa
DATF.:
OCTOBER 11, 2000
1'orAL NO. OF PAGES INCLUDING COVRR:
2
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FAX NUMum:
PHON1! NUMBER:
SENDER'S R~I'ERENCE NUMBER,
RE,
Section M Amendment of PUD,
Section L
YOUK REFERENCE WUMHFlI.:
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o URCEN1' 0 FOR REVI~W 0 PLEASE COMMENT D PLEASE REPLY D PLEASE RECYCLE
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Dear Julie AllI),
We have noted that our recent submission of September 26 tmder Section M of the Aspen
Mouncaill POO to change certain dates should have also included a request for extension of the
reconstruction credits under Section L of the PUD.
1 he la,'t time they were extended was in 1998 through Ordinance 8, All reconstruction credits
associated with Lots 3 and 5 were extended in that Ordinanceui1til one (1) year from the date of
issuance of the demolition permit for the Grand Aspen Hotel.
Now that we all have a much more accurate understanding of how these V;tr;ous propClties
will be approved and therl constmctcd, we are hereby requesting that all reconstruction credits be
extended for five years aIter the d.'\te of final approvals. This is consistent with the existing land
use code that allows for reconstnlction within five years of demolition of the units. Given the
complex and lengthy approval process needed to determine how these credits could be used, we
think it is re01sonableto tre-at the credits as requested, These matters should be added to the other
dates bej ng considered at the Section M hearing We have requested. Thank you and please let me
know if you have any questions about this request.
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SAVANAH LIMITED PARTNERSIIIP
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Julie Ann Woods
COMPANY,
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John Sarpa
DATE: 9/26/00
I'AX NUMnnIl.,
'ror AI. NO. OF PAGES INCLUDING COVER,
5
SENDRR'$ R\!r'~R~NC~ NUMUE1"
I'l'TONf, NUMBEI\,
RE:
YOUR REFERENCE NUMB!.R:
Section M Amendment Hearing
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Julie AM,
AttAched is a rcquest from Saval1ah Lhnitcd Pal'lner>hip for a heOfillg with the City Council to consider
the adjuStnlents of various dates under the Aspcn Mount.h, PUD and Ordinance 38 of 1999. The first
hearing would only require enough time for a first hearing so we would hope to be on Council's Agenda
SOOn.
Plonse let me know when it would be convenient to meet with you to review the various proposed d.,tcs.
'j'h.nk you .nd I look forward to hearing [rom you.
RCg<1.rJ.'i.
515 SOUTH GALENA,
ASPEN, COLORADO 81611
TEL. 970-92S.0.7.2.FX. ~70.915-4387
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FAX NO. 97~34305
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REQUESt FOR SECTION M AMENDMENT TO ASPEN MOUNTAIN POO
Submitted by Savanah Limiled Partnership
sePl~nb~OO
'Illis request to amend certain construction and otller dates contained in the Aspen
Motmtain PUD (thc PUD), and in Ordinance 38 of 1999, is made pursuant to Section M
of the pun.
Savanah Limited Partnership and the City of Aspen have been engaged in the approval
process for the final parcels contained in the pun, Lots 3 (Top of the Mill) allll5 (the
Grand Aspen Hotel) and the l:lavarian Inn for many months. Separate from that review
process hut related to it, Savanah and the City have agreed upon a number of datcs from
time to time that relate to how and when those three parcels would be processed,
approved and built. The most recent agreement on those dates is contained ill Ordinance
38 of 1999.
When those dates were agreed to in Scptember of 1999, both Savanah and the City had to
estimate when conceptual and final approvals for the thrcc sites would hc received. Givel'
that estimnte, other dates were then established for various building permits, eertificatcs
of occupancy, etc. on the three parcels.
Conceptual approvals for all three sites were received on December 6, 1999. Under the
Aspen land use eodc, Savanah has until Olle year after that date, i.e., December 6, 2000,
to submit the final applications for each site. Given the complexity of the architectural
and cnginecring work required for each final submission, Savanah will not be submitting
the final approval applications until, or just before. December 6, 2000.
Now that thc final submission dates are more accurately predicted, it can also be
estimated that finlll approvals will not likely be received until sometime in the summer of
2000. nlis bclog the case, all of1:he dates contained in Ordinance 38, with the exception
oCthe ('mUld Aspen demolition date, are unattainable by a wide margin.
It should also be noted that each of the properties ill question are Imder contract for sale
by Savanl1h. However, due to the unpredictability of any such transaction, Savanah has
been proceeding with all its various development consultants to proccss and prcpare the
final applications with all appropriate priority to mect the December 2000 deadlines.
OCT-25-00 WED 04:36 PM
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2.
1. Grand Aspen Demolition Penuit Date:
Savnnah submitted a complete demolition permit application through its demolition
contractor to the Aspeu Building Department the week of September 18,2000. Although
the Permit may be issued on or about October 2, 2000, it is possible that date may be
missed by a small amowlt of time. (rhe Ordinance 38 date for the demolition permit is
October I, 2000 but that date falls on a Sunday. '!bus, Monday, October 2, 2000 is the
omeinl date for the pernlit,) If that extra time is necessary, Savanah is requesting what
will be a nominal extension oi'the demolition permit date from October 2, 2000 to the
actual date the permit is issued.
n. Olher Dates:
Now that the various site development plans are more precisely delil1ed due to the
conceptual approvals, more accurate building and construction dates can be estimated.
Thus, the following proposed dates for building permit applications, commencing
construction and certificates of occupancy are more specific thm, tl10se dates found in
Qrdinance 38.
Several items should be noted about these proposed dates. I<irst, the total construCtiOll
time for each parcel is thc same as that uscd in Ordinance 38. SecQnd, all affordable
housing will contil111e to be built (certificate of occupancy) or obligations met (cash in
lieu, etc.) conctlCrcnt with or before all free market units receive their certificatcs of
occllpancy.
The spceifie requested dates for Lots 3 and 5 and thc 13avarian arc as follows:
I. I,ot 5, Grand AspcnHotcl Site
a) Demolition Permit:
October 15, 2000
b) Commence Demolition
'111irty (30) days after end of the 2001 ski season.
c) Building Permit Application
One hlmdred and eighty (180) days after recordation of all final POO
documents.
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d) Commence Construction
Thirty (30) days after receipt of building permit, but no sooner than thc
issuance ofa building permit for the Bavarian Inn allordable housing project.
c) Certificate of Occupancy
Thirty (30) n10nths after receipt of building permit, but no sooner than the
receipt of a certificatc of occupancy for the Bavarian Inn project.
2. Lot 3, Top of Mill
a) Pcrmit Application(s) for InfrastructllTc and Removal ofFill Matelial
Submit said appIication(s) within thirty (30) days after recordation of all
final PUD docwncnts.
b) CommenCe Infrastructure Improvements and Removal of Fill Material
Thirty (30) days after receipt ofrequircd permits, but no sooner than the
isslmncc of a building permit for the Bavarian Inn affordable housing project.
c) 13uilding Permit Applications
At owner's discretion, but no SOOner thtm the issuance of a building pcrmit
fOr the Bavarian Inn affordable housing project.
d) Certificate of Occupancy for the Parcell Multi-Family Free Market Units
Concurrent with thc rcccipt of a certificate of occupancy for the Parcel 2
affordable housing units.
e) Certificates of Occupancy for the Duplex Free Markct Unit on Parcel 3 and thc
Single-Family Free Markct Units on Parcels 4, 5, 6, 7 and 8.
Concurrent with the receipt of a certificatc of occupancy for !Ill on-site
acccssory dwelling uuit or upOn the paymcnt of the applicable affordablc housing impact
f"c.
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3. Bavarian Inn Affordablc Housing Project
a) Building Permit Application
Ninety (90) days after receipt of final PUD approval of Bavarian Inn
affordable housing project.
b) Commence Construction
Thirty (30) days after receipt of building permit for Bavadan 11Ul project
but no sooner than the recordation of all final PUD documents.
c) Certificate of Occupancy
Eightccn (18) months after receipt of building permit.
Given what we know today about the likely Hna! approval timetable, Savanahis
conf'ident these dates are realistic and achievable. l1ms, we respectfully request a hearing
helhre tlle City Council to consider all these matters. Thank you.
.
OCT-25-00 WED 04:35 PM
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SNOWMASSLAND CO
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FAX NO. 97~34305
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SAVANA!I LIMITED PAR'i'NERSHIl'
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FACSIMH.F. TJl.I\NSMITTAL SHEE'I'
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John Sa.::pa
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ArtnohN! YOll will fmd the documents Savanilh Lirnittu Partnership subll1;llrcl Oil lhe dalos ",dientcd
i'~~'lnC$t;f1g a Section 1\>1 hearing nfl V"i\l'l()US dales. Julie AIUI asked me to provide you with these copic~.
Ph""se !rlme know if you have nny 'luesliolls. My tek1,hone is 92:'1-2880 n.,d r.. is 923.130;. Thnnk, nnd
r"PI1r~b,
SlS SCJUTn "A1.ENA,
ASPEN, ~;()J.ORADO 31611
Tru.. 9"10.93$.4Z7Z.FX. !)70-925.4387
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Memorandum
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RECE~VED
NOV 3 0 7DCO
!
ASPEN I PITKIN .
COMMUNITY DEVELOPMENT
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To:
Mayor and City Council
Thru:
Steve Barv.ick, City Manager 1"\ /I, ~
Julie Ann Woods, Community Development Directot ,!/r
Joyce A. Ohlson, Deputy Director I
From:
Date:
November 27,2000
Re:
An Ordinance Amending Aspen Mountain PUD/Suhdivision Agreement
Development and Reconstruction Credit Dates-Ordinance #53, Series of
2000,1" Reading
(a.k.a. Section L & M Amendments)
Summary:
A letter was received by the Community Development Department, dated November 16, 2000,
(Exhibit A) from John Sarpa of Savannah Limited Partnership requesting to amend certain
construction dates and reconstruction credit dates associated with the Aspen Mountain
PUD/Subdivision Agreement.
Savannah's letter provides a rationale and justification for extending and amending the
construction dates for the Aspen Mountain PUD .and Bavarian Inn PUD, along v.ith proposed
dates for the use of the reconstruction credits associated v.ith the project. The main justification
is that of the logistics and timing of gaining land use approvals as well as having a better grasp of
a more realistic construction timeline.
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 v.ithheld by Council "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 originally submitted applications 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 interests. In
order to evaluate and respond to these issues, Savannah delayed the Aspen Mountain PUD
review process. Savannah submitted revised applications for the Bavarian site, Lot 3 and Lot 5
in September of 1998. These projects gained conceptual approval from the Planning and Zoning
f~
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Commission on August 24, 1999 and from the City Council on December 6, 1999. It is
anticipated that plans for the final review process will be submitted by Savannah on or near
December 6, 2000 so that the project may continue through the City's review process.
[For information purposes, Savannah submitted an application for a demolition permit (for the
Grand Aspen Hotel) in a timely manner in October of this year and intends to commence with
demolition after the 2000-2001 ski season.]
Discussion: Staff believes that granting Savannah the requested extensions is consistent with the
requirements for amendment of the PUD. The revised construction dates indicate a more
reasonable timeline for the redevelopment of the all of the subject sites. The revised dates also
show a dependency within the dates for the projects to be coordinated, especially v.ith regard to
the provision of affordable housing. For example, the Building Permit Applications for Lot 3,
Top of Mill can not be submitted sooner than the issuance of a building permit for the Bavarian
Inn affordable housing project. Stafffeels comfortable with the "checks and balances" that are
brought into this complex development picture through these amendments. We feel this is a
benefit of the amendments. Staff also acknowledges that the dates for construction are well
beyond what has ever been contemplated. It should be noted that the projects (AMPUD and
Bavarian) are not likely to be through with the City's development review processes until late
summer (2001) and if construction does not commence immediately that Fall, a year 2002 Spring
construction commencement would occur. It is easy to then see how the timeline gets shifted off
to future years.
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, staff believes it is in the
City's best interest to have demolitions occur by the end of July v.ith expectation that
construction could occur shortly after that date.
Recommendation: Staff recommends that the proposed ordinance be adopted on first reading
and a public hearing be set for second reading on December 11,2000.
Proposed Motion: Staff recommends the following motion:
"I move to approve Ordinance No. 53, Series of2000, amending Section Land M of the First
Amended and Restated Planned Unit Development/Subdivision Agreement for the Aspen
Mountain Subdivision."
City Manager
Comments:
Attachments:
Exhibit A--Applicant's Letter
C:/home/joyce/ AmpudSecL&M'OO
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November 16,2000
II
Mr. John Sarpa
515 S. Galena
Aspen, CO 81611
ASPEN . PITKIN
COMMt':-.ilTy.DEVElOPME:\, DEPARTME:-JT
RE: Aspen Mountain PUD, Lot 5 Demolition
Permit #2321.2000 .
Dear John,
This letter will confirm that the demolition permit (the "Demolition Permit") for Lot 5 of
the Aspen Mountain Subdivision and Planned Unit Development ("Lot 5") has been
approved for issuance by the Aspen/Pitkin County Community Development
Department. The Demolition Permit v.ill be. issued to the owner of Lot 5 upon
confirmation from the State of Colorado Department of Public Health and Environment
that the asbestos abatement work has been completed. It is understood that the asbestos
abatement work will not commence until after the 2000/2001 ski season. Therefore, the
demolition of the improvements on Lot 5 (including the asbestos abatement work) is not
required to commence until April 16,2001. The demolition shall be completed no later
than July 31, 2001. Based upon the letter from David Dokell, LVI Environmental
Services Inc., to Stephen Kanipe, Chief Building Official, your request for an extension
of the permit will be granted by Mr. Kanipe to accommodate your stated demolition
completion date.
This will further confirm that Savannah Limited Partnership has complied with all
requirements under the Amended and Restated PUD Agreement dated October 3, 1988,
as amended, with respect to the issuance of the Demolition Permit for the improvements
on Lot 5, including v.ithout limitation, the requirements set forth in Ordinance No. 38
(Series of 1999). . .
This letter and the statements contained herein may be relied on by the current owner or
any successor owner of Lot 5. . .
Regards, .
~o~~
Community Development Director
City of Aspen
130 SOUTH GALENA STREET' ASPEN, COLORADO 81611-1975 . PHO:'><E 970.920.5090 . FAX 970.9205139
Prin!ed on R,,,,ycled Paper
11/81/2888 12:33
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3837279218 t"l
LVI ENV~MENTAL
PAGEr4
LV! Environmental Services Inc.
2630 West 2nd Avenue
Denver, CO 80219
Phone: (303) 727-9205
fax: (303) 727-9210
www.lviservlces.com
denver@lviservices.com
November 1, 2000
:Mr. Steven Kanipe
AspenlPitkin Cotnmunity Development
130 South Galena Street
Aspen, CO 81611-1975
REFERENCE:
})emolition of Gl"and Aspen Rotel
Dear Steven:
We have been notified by Vicky Monge that the permit issued for the demolition of the
Grand Aspen BoteI is valid through March 21,2001. It is our intent to complete this
project by July 31,2001, thel"efore we respectfully request an extension of the pennit
through this date.
Please feel free to call if you have any questions or require any additional infonnation.
Sincerely,
LVI ENVIRONMENTAL SERVICES INC.
David Dokell
Vice President
cc: Mr. Waddah Rustom
Savanah Limited Partnership
NOV-03-00 FRI 04:55 PM
SNOWM~ LAND CO
FA~. 9709234305
.
,~.;). This will confirm lh~tthe demolitiol1 PClTl1;t (lhe "Demolition l'ermit") for LotS ofUle
)\1- Aspen MO\llltain Subdivision and Planned VIlit Development ("Lot 5'') has been issued by the
~ As 1f1)ilkill Coml11uully Development Depattment effective as of September ?', ?on(l This
willl11l'thcr eon firm tl]~t Savanah Limited Partnership has eomplic~1l requirements IInder
the Amend"t1 at1d Restated PUD Ai:Tccmellt dated October 3, 1988, ~s amended, with respect to
the issuance of the Demolition Permit for the improvements on Lot 5, incllldill!: witholll
, Iimitu(loll, the req\drem0nls set {ol.th in OrdinMce No, 38 (Serles of 1999).
Tho Demolition Permit will be released to the owner of Lot 5 UlJon oonfirl]1~(i()11 frollltlle
Stale ofColon1do Oepartment ofPublie Health and Environmenlthallhe MbeSlos abatem0'1t
work 11M been eompleto(1. It is understood that tho asbestos ~batcmel\t work will not commcnce
1111li\ aner the 2000/2001 ski scason. 'Therefore,the demolition of the Improvements on Lot 5
(including (j1e asbestos abatement work) is notrequil\\d to commcnco until April 16, 2001. Tho
demolition shall bo completed no later tlWl July 31, 2001.
This leller and tho statements contained hcrcir\ may be relied on by the current owner or
any Sllc.eessor owner of Lot 5.
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John S"11I'1
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11/3/00
John Worce~ter
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Denr]ohn,
Attlld,cd you ",;11 find a dr"u. letter with information ecmccmlng the status of (he demolition
permit for the Grano Aspen hotel that we would n;qucs~ from the Gty. In talking with the
bllikling department, there = a number of n'asons we neeo to do lhi~ in order to p,'()cccd. Plcnsc
cnll me so I may provide you with additional detllils. My nCW office number is 923:2880.
Thank Y()I! Mtl regards.
515 $001'1-1 GALENA,
AS[lllN, COI.(,)JlADO 81611
'J'I~I", 9"!O~f)2S-4312.FX, 1)70.925-43,&7
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AMENDED REQUEST FOR SECTION M AMENDMENT TO ASPEN
MOUNTAIN PUD
Submitted by Savanah Limited Partnership
Or; VJl(""-t. I t&fl~y'
V /..-~
November 16,2000
This request to amend certain construction and other dates contained in the Aspen
Mountain PUD (the PUD), and in Ordinance 38 of 1999, is made pursuant to Section M
of the POO.
Savanah Limited Partnership and the City of Aspen have been engaged in the approval
process for the final parcels contained in the PUD, Lots 3 (Top of the Mill) and 5 (the
Grand Aspen Hotel) and the Bavarian Inn for many months. Separate from that review
process but related to it, Savanah and the City have agreed upon a number of dates from
time to time that relate to how and when those three parcels would be processed,
approved and built. The most recent agreement on those dates is contained in Ordinance
38 of 1999.
When those dates were agreed to in September of 1999, both Savanah and the City had to
estimate when conceptual and final approvals for the three sites would be received. Given
that estimate, other dates were then established for various building permits, certificates
of occupancy, etc. on the three parcels.
Conceptual approvals for all three sites were received on December 6, 1999. Under the
Aspen land use code, Savanah has until one year after that date, i.e., December 6, 2000,
to submit the final applications for each site. Given the complexity of the architectural
and engineering work required for each final submission, Savanah will not be submitting
the final approval applications until, or just before, December 6, 2000.
Now that the final submission dates are more accurately predicted, it can also be
estimated that final approvals v.ill not likely be received until sometime in the fall of
2001. This being the case, all of the dates contained in Ordinance 38, v.ith the exception
of the Grand Aspen demolition date, are unattainable by a v.ide margin.
It should also be noted that each of the properties in question are under contract for sale
by Savanah. However, due to the unpredictability of any such transaction, Savanah has
been proceeding v.ith all its various development consultants to process and prepare the
final applications with all appropriate priority to meet the December 2000 deadlines.
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2.
I. Section L of the POO, Reconstruction Credits
Section L of the POO contains provisions relating to the use of reconstruction credits.
Deadlines for using them have been extended throughout the processing of the POO, until
such time as it becomes clear on how they might be implemented. The last time they
were extended was in 1998 through Ordinance 8. All reconstruction credits associated
with Lots3 and 5 were extended in that Ordinance until one (I) year from the date of
issuance of the demolition permit for the Grand Aspen Hotel.
Now that we have a much more accurate understanding of how these various properties
v.ill be approved and then constructed, we are hereby requesting that all remaining
reconstruction credits in the POO be extended for five years after the date of final
approvals for Lots 3 and 5. This is consistent v.ith the existing land use code that allows
for reconstruction v.ithin five years of demolition of the units. Given the complex and
lengthy approval process needed to determine how these credits could be used, we think
it is reasonable to treat the credits as requested.
II. Grand Aspen Demolition Permit Date:
The POO stipulates that if the demolition of the Grand Aspen were to fall in the ski
season, then it can be postponed until after that season. Since the current requirement of
obtaining the demolition permit by October 1,2000 would place the demolition in that
period, Savanah and the City have agreed that the demolition v.ill not commence until
after the lifts close in April 2001. (See attached letter from Julie Ann Woods of
September 25, 2000)
Nonetheless, in order to meet the requirement of obtaining the demolition permit,
Savanah submitted a complete demolition permit application through its demolition
contractor to the Aspen Building Department the week of September 18, 2000. The
processing of the permit took a number of weeks to complete and by October 30, 2000 all
requirements, except for one, for the issuance of the permit had been met. The only
outstanding matter is the asbestos abatement that must be completed and certified by the
State before a demolition permit can be issued. Since it is possible that work may not take
place until April of 200 I as part ofthe overall demolition, the permit v.ill not actually be
issued until that time. Accordingly, Savanah is requesting an extension of the requirement
to obtain the permit until the spring of 200 I. Please see the attached letter from the City
of November 16,2000 on this subject.
III. Other Dates:
Now that the various site development plans are more precisely defined due to the
conceptual approvals, more accurate building and construction dates can be estimated.
~,
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3.
Thus, the follov.ing proposed dates for building permit applications, commencing
construction and certificates of occupancy are more specific than those dates found in
Ordinance 38.
Several items should be noted about these proposed dates. First, the total construction
time for each parcel is the same as that used in Ordinance 38. Second, all affordable
housing v.ill continue to be built (certificate of occupancy) or obligations met (cash in
lieu, etc.) concurrent v.ith or before all free market units receive their final inspection.
The specific requested dates for Lots 3 and 5 and the Bavarian are as follows: .
I. Lot 5, Grand Aspen Hotel Site
a) Demolition Permit:
No later than the spring of2001 as per the attached letter from the City
b) Demolition Time Table
Commence asbestos abatement work no later than April 16, 2001, v.ith
demolition to be completed no later than July 31, 2001.
c) Building Permit Application
Within one hundred and eighty (180) days after the recordation of all final
POO documents.
d) Certificate of Occupancy
Within thirty (30) months after issuance of building permit, but no sooner
than the receipt of a certificate of occupancy for the Bavarian Inn project.
2. Lot 3, Top of Mill
a) Permit Application(s) for Infrastructure and Removal ofFill Material
Submit said application(s) v.ithin thirty (30) days after recordation of all
final POO documents.
b) Building Permit Applications
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4.
At owner's discretion, but no sooner than the issuance of a building permit
for the Bavarian Inn affordable housing project.
c) Certificate of Occupancy for the Parcel I Multi-Family Free Market Units
No sooner than the receipt of a certificate of occupancy for the Parcel 2
affordable housing units.
d) Certificates of Occupancy for the Duplex Free Market Unit on Parcel 3 and the
Single-Family Free Market Units on Parcels 4,5,6,7 and 8.
No sooner than the receipt of a certificate of occupancy for an on-site
accessory dwelling unit or upon the payment of the applicable affordable housing impact
fee.
3. Bavarian Inn Affordable Housing Project
a) Building Permit Application
Within ninety (90) days after recordation of all final POO Bavarian Inn
documents
b) Commence Construction
Within thirty (30) days after receipt of building permit for Bavarian Inn
project but no sooner than the recordation of all final POO documents for Lots 3 and 5.
However, should such date fall between December I and March 31, then construction
may commence as late as May 1 of that year.
c) Certificate of Occupancy
Within eighteen (18) months of commencement of construction as set
forth in paragraph (b) above.
Given what we know today about the likely final approval timetable, Savanah is
confident these dates are realistic and achievable. Thus, we respectfully request a hearing
before the City Council to consider all these matters. Thank you.
,-.,
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September 25,2000
.
ASPEN . PITKIN
John Sarpa
Savanah Limited Liability Partnerships
515 S. Galena
Aspen, CO 81611
COMMUNITY DEVELOPMENT DEP^RThlE~1
RE: Section M:, D~molition ofine Gr.nH1 Aspen
Dear John:
As you know Ordinance 38, Series of 1999 has conflicting sections regarding the
demolition permit date and the demolition date of the Grand Aspen. The 'intent of the
ordinance was that Savanah submit and receive approval for a demolition permit by .
October 1, 2000. As' building permits are valid for 180 days, the City expects the actual
demolition to commence in April 2001.
Please call meat 920-5100 v.ith any questions regarding this matter:
Regards, ..
G-e '-c:b~
&: ~WOOds, Community Development Director.
'City of Aspen
cc: Steve Barwick, City Manager
John Worcester, City Attorney
Stephen Kanipe, Chief Building Official
Sarah Oates, City Zoning Officer
130 SoL:rn GALE:"JA STREET' ASPEN, COLOR1\DO 81611-1975 . PHONE 970.920.3090 . FAX '970.920.5439
, Printe<.l~nh<:ydedr.lper
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NOV-16-2000 Tt" 02: 18 PM
~
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Novembc( 16,2000
Mr. John Sarpa
,515 S. Galena
Aspen, CO 81611
FAX NO,
ll.E: Aspen Mountain PUD, Lot 5 Demolition
Permit #2321.2000 . '.
Dear John,
~
.
ASI"N . PITKIN
C\lMMUNliY Dl:"Vll.WrMliNr Pl.I',.,II.'l'Mfim
This letter \\ill con lirm that the demolition permit (the "Demolition Pennil") for Lot 5 of
the Aspen Mountain Subdivision and Planned Unit Development ("Lot 5")' 'has been
approved ,for issuance by the Aspen/Pitkin County Community DevelopmeJlt
Department. The Demolition Permit \\ill be issued to the owner of Lot 5 upon
confimlation from the State of Colorado Depa11ment of Public Health and. Environment
that the asbestos abatenlent work has been completed: It is Understood that the asbestos
abatement work \\ill not commence until after the 2000/2001 ski season. The(eforc, the
demolition of the improvements on Lot 5 (including the asbcstos abatement work) is not
required to commence until April 16, 2001. The demolition shall be completed no later
than J~lly 31, 2001. Bascd upon the lcttcr from David Dokell, LVI Environmental
Services Inc,., to Stephen Kanipe, Chief Building OfIlclal, yOU( (equest for an cxtcnsion
of the permit will be g(anted by M(. Kanipe to accommodate yOtlr. stated demolition
completion date.
:rhis will further confirm that Savannah Limited Partnership has complied \\ith all
requirements under the Amended and Restated Pl}D Agreement dated October 3, 1988,
as amended, with respect to the iSSlla11Ce of the Demolition Permit for the improvements,
on Lot 5, including without limitation, the requirements set fOl*h in Ordinance No. 38
(Series of 1999). ,,'
This letter and the statements c011tained herein may be relied on by the current owner or
any successor owner of Lot 5.
Regards, '
(l,0-t'L~
Ulie Ann W1?ods
Community Developmen~ Director
City of Aspen
p, 01 r')
Posl.ll~ brand fax transmittal memo 7671
F"~C\'2..~-1So$
PO . 9'1>>-S002.
Fe" qz...o -';4 ~cl
tJ'J SCl!Tl1 GM ioN" Sntfl:T . N.I'J.N, CDl.OltACtl 81611-1975 . JI"'()N~ 970.920.501/0 . FhX 970,920,~"j9
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Memorandnm
To:
Mayor and City Council
Thru:
Amy Margerum, City Manager .
Julie AnnWoods, Community DevelepmentDirectorr1W'
September 27, 1999 .. 1"
From:
Date:
Re:
An Ordinance. Amending Aspen Mountain PUD DevelopmeJitDates~
(Section MAmendment) . .
. Summary: .
In September of 1999, a letter from JOM Sarpa of Savannah Limited Partnership; requested that
the deadline for the demolition of the Grand Aspen Hotel be further extelided for another year as
an Amendment to the Aspen MoUntain Planned Unit Developmeilt (PUD).
.. .
Attached is a letter, dated September 8,1999, providing a rationaieandjustification for extending
the demolition deadline for the Grand Aspen. Hotel , along.With prop.osed dates for the. extensions
of related development. .SectionM of the Aspen MountainPUD states that City Council may
provide an eXtension of one .or more of the time peri04s .asitmay deem appropriate. These
extensions may not be unreasonably withheld by Council if the "if the Owner demOlistrates by a
preponderance of the evidence tbat the rea.sons for the delay(s). which necessitate such
extensions(s) are beyond the control of the Owner, despite good faith efforts on its part to
perfonn in a timely manner.". . .
Savannah eriginally submitted applications 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. di$TUptions occurred to the
management structure of the, then, Ritz~Carlton HoteL In addition, direction had been given to
Savannah as to how they might make their.project more responsive.to community interests. tn
order to evaluate and respond to these issues; Savannah delayed the Aspen MountainPUD review
process. Savannah submitted revised applications for the Bavarian site, as well as Lot 3 and Lot 5
in September of 1 !l98, These projects have received a recommendation fer conceptu81 approval
from the Planning andZonlngCommissien and are nowbefore City Council as aCtion .items on
the September 27th agenda. . . ........ ... · .
In that the review process has taken longer than anticipated (partiallydue to the applicant's time
in responding to staff comment$on their original application) the demolition of the Grand. Aspen
Hotel this fall will most certainly niearithatthe .C6mmunity will. have a huge hole. in thegrcnind for
the next year. Delaying the demolition for one year a1lows tlie project to obtain final development
approvals and buildingpennits over the course-efthe nextYellTand be in a position of
. ,~
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demolishing the building immediately prior to beginriing construction of a new hotel (assuming it
is approved by City Council). .
In addition, the MAA and the Ski Co. are interested in utilizing the hotel for much needed
seasonal affordablehou~ this winter season, providing an essential service to the community.
This request is also on the September 27lhagenda as a temporary use request .
Background
Oil September 25, 19~5, City Council amended the Aspen Mountain PUD.development deadlines
to provide a three-year extension for the clemolition of the Grand Aspen Hotel.. Subsequently,
Oidinance 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 theAsperi MountainPUD in June 1990, there have been four additional amendments
extending deiullines for the Grand Aspen Hotel demolition, for obtaining a certificate of
occupancy for the Ritz"CarhonHotel, the Summit Place ReSidential. Project, and the ice rink and
park development. . .
.Discussion: Staff believes. that granting Savannah the requested extensions is consistent with the
. requirements for amendment of the PlID.Theextensionensures that the site won't sit vacant for
an. extended period of time beforedeve!opmeht approvals are issued arid final architecture and
building permits are obtained, Because the 1998 .SectionM amendments were premised upon
Savannah obtaining final approval for Lot 3 and S and the Bavarian byJartuaJy 1, 2000, and that
now appears uriattainable, staffrecommendsshiftingallthe other deadlines in the agreement by
one year as well. .
" " ""
First Reading Concerns: At first reading, some council members expressed Concern with the
one year extension of all thedateil, includingpuIllng a building permit for the Bavarian project no
later than April 1, 2002. Staff expects that the conceptual approvals should be secUred .by the end
of this year, While F'ma11'UDapprovalswilllikely take through Spring of2000; Upontinal
approval, the. appliCant could proceed into final architectural drawings for the Bavarian, the hotel, .
and the Lot 3AHresidences. Given the magnitude of this work, it could .take through the .
summertocompletethe~andproceed into building. permit. BQildingpermits currently.
. average 6. to 8 weeks to process, putting the projectpotential1y into October-November 2000
before building permits cOUld be issued. Council should decide whether they believe the April 1.
200 1 deadline for bUUdingpermit issUance is too long, or if the Certificate of Occupancy issuance
for such affordable hou~ deadline of October 1,2002 is reasonable.Staffdoeil notbelieve iris
umeasonable to extend the buildingpetmit date for the Bavarian to March, 2001.
"" . - "
. ... ..
" , " ,
" . "" "
The Planning andZoningC~lInmission alsorecornmendsthat the City Council extend the
. demolition deadline and utilize the build~ for housing this winter andsurnmer season. .
Financial Implieations: Because the ilpplicantis responsible for Pllymentof staft'timeinvolved
in the review ofdeve1opment applications, there are no significant financial implications for the
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City in granting. this ext~sion of deveibpril~~d~J~~~./"U~~ever, the proposed dates are
intencjed to minimize any loss of taX revenue which will oCcur due to. the period of construction
for the Grand Aspen site.. ,
Other:' The proiposedordinance. was not properly published for this. secondr~ing. Given that
Savanah isexpectedto\letnolishthe <lrlll1d ASpen by noJatl!r~an October 1, 1999 and has been
anxiously awaiting a decision from council tClextend thedemolitiCln \late, stafi"isreconunending
that council passthis.ordiilnce as an etI\ergency ordil!anee llP()nthe. advise of the City. Attorney.
The attached ordinance refleCts the need for suchan actiClD; Thjs will allow theniquest to
proceed through the hearing process aswasanticipa~ed< .
Propo$ed Motion: Staffreconunendsthe following motion:
. . . .
. ..
"1 move to approve ordinance No. , Series of 1999, amending Section M of the First Amended
and RestatedPlannedUnitDevelopment/Sllbdivision Agreementfor the. Aspen MQuntain
Subdivision" .
City Manllger Comments:.
Attachments:
Ordinance No. 8, Series of 1998
Exhibit I--Applicant's Petition
Exhibit 2--Amendinent document
G:lplannin&,aspalicaseslpudl_udlseem99:llldread.doc
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THRU:
Mayor Richards and City Council
Steve Barwick, City Manager ,73/tf .. /
'"",Ann Wood'C__DoVOl,pm~tD4P
September 20, 2000
TO:
FROM:
DATE:
RE:
Demolition of Grand Aspen-Information Item
The representative of Savanah, LLP, John Sarpa, has informed staff of their intention to
pull a demolition permit for the Orand Aspen before the October 1,2000 deadline.
Although he has been in contact v.ith the building dept., and a site visit is scheduled for
this Friday, it is unlikely the demo permit itself v.ill be able to be issued prior to October
I, 2000, given the workload v.ithin that division.
Mr. Sarpa has pointed out to staff that Ordinance No. 38, Series of 1999 (attached) was
unclear as it states two different expectations in two different places. One place clearly
states that the "demolition deadline for the Grand Aspen Hotel be extended from October
1,1999 to October 1,2000" . Page 4 of the Ordinance clearly states "Demolition permit
for Lot 5, Grand Aspen Hotel" is extended from 10/1/1999 to 10/1/2000. Regardless of
these two inconsistencies, the original PUD language does allow demolition to be
extended until after ski season.
It is Savanah's intent to pull the demolition permit by the October I deadline and keep
the permit active for six months over the ski season. They do not plan to demolish the
building before April, 200 I. They intend to secure the building and v.ill hire a security
company to do this work. They have also indicated that they do not intend to master
lease the building over the v.inter either. The tenants have been notified that the building
will no longer be available for lease. Mr. Sarpa also indicated that they intend to submit
an application to the city to amend the Section M agreement dates sometime next week.
Staff believes that it is not in the City's best interest to have the building demolished,
leaving a large hole in the ground over the v.inter season. Please advise staff or the
City Manager as soon as possible if you wish to discuss this further.
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SAVANAH LIMITED PARTNERSHIP
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COMrifiUf<JTY D:::\:'7".'; ;:"I.":)'~!:NT
-', ....,."..., ;'JIl..-'
FACSIMILE TRANSMITTAL SHEET
TO:
Julie Ann Woods
COMPANY:
DATE:
OcrOB
FAX NUMBER
TOTAL NO: OF PAGES INCLUDING COVER:
2
PHONE NUMBER:
SENDER'S REFERENCE NU1mER:
RR
YOUR REFERENCE NUMBER:
Section M Amendment ofPUD,
Section L
o URGENT 0 FOR REVIEW 0 PLEASE COMMENT 0 PLEASE REPLY
o PLEASE RECYCLE
Dear Julie Ann,
We have noted that our recent submission of September 26 under Section M of the Aspen
Mountain PUD to change certain dates should have also included a request for extension of the
reconstruction credits under Section L of the PUD.
The \ast time they were extended was in 1998 through Ordinance 8. All reconstruction credits
associated with Lots 3 and 5 were extended in that Ordinance until one (1) year from the date of
issuance of the demolition permit for the Grand Aspen HoteL
Now that we all have a much more accurate understanding of how these various properties
will be approved and then constructed, we are hereby requesting that all reconstruction credits be
extended for five years after the date of final approvals. Tbis is consistent with the existing land
use code that allows for reconstruction within five years of demolition of the units. Given the
complex and lengthy approval process needed to determine how these creclits could be used, we
think it is reasonable to treat the credits as requested. These matters should be added to the other
dates being considered at the Section M hearing we have requested. Thank you and please let me
know if you have any questions about this request.
~ WED 01'30 :' r!l11I1lJlSS LANlJ CO
FAX NO. 97~4305 . t) P. 01
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p.O. Box 6119
0021 BurQt fl\otlQtaiQ \,irele
)QolUmass Villa~0. ,0 81615
pl)oQe: 970-923-2880
Fax:' 970-923-4305
facsimile transmittal
To,
Julie Ann Wooc\s &
Joyce Olson
Fax:
92054.39
"'rom: John Sarpa
Date:
11/08/:'-000
Re: Section M Amet)qmcnt
Hearing
Pages: 5 (including cover)
o Urgent
Cl For Review
CI Please Comment CI Please Reply 0 Pfeaso Recyel
'!'his is the original wld cOTl'ect Section M request. The 10/25/00 fax sent to James Lint
was 1111 earlier draft.
See you at 2;00.
John Snrpa
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We are transmitting a total of _ pages. Please call 970.923.2880 if you did not receive all of
the pages.
o URGENT 0 FOR REVIEW 0 PLEASE COMMENT 0 PLESE REPLY 0 PLEASE RECYCLE
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Snowmass Village, Colorado 81615
p 970.923.2880
f 970.923.4305
This facsimile contains PRlVILEGED AND lOR CONFIDENTIAL INFORMATION intended only for use of the Addressee(s) named above. If
you are not the intended recipient of this facsimile, or the employee or agent responsible for delivering it to the intended recipient, you are hereby
notified that any dissemination or copying of this facsimile is strictly prohibited. If you have received this facsimile in error, please immediately
notify us by telephone and return the original facsimile to us at the above address via the U.S. Postal Service. Thank you.
...::...
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September 25, 2000
.
ASPEN" PITKIN
John Sarpa
Savanah Limited Liability Partnerships
515 S. Galena
Aspen, CO 81611
CONlMUN1TY DEVELOPMENT DEPARTMENT
RE: Section M: Demolition ofthe Grand Aspen
Dear John:
As you know Ordinance 38, Series of 1999 has conflicting sections regarding the
demolition permit date and the demolition date ofthe Grand Aspen. The intent of the
ordinance was that Savanah submit and receive approval for a demolition permit by
October 1,2000. As' building permits are valid for 180 days, the City expects the actual
demolition to commence in April 200 I.
Please call meat 920-5100 v.ith any questions regarding this matter:
Regards, . . . .
. a~ '-c:b~ '.
~..~.W.o()dS,community Development Director
diy otXspeil~ .
cc: Steve Barwick, City Manager
John Worcester, City Attorney
Stephen Kanipe, Chief Building OIficial
Sarah Oates, City Zoning Officer
130 SoL1'H GALENA STREET' ASPEN, COLORADO 8161lv1975 . PHONE 970.920.5090 . FAX 970.920.5439
Prjntt>J"nR,'CycbiP.lr~r