HomeMy WebLinkAboutcoa.lu.pu.Aspen Mt Pud Lot M.A1390011
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CASE NUMBER
PARCEL ID #
CASE NAME
PRO.IECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
A139-00
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
CASE NAME: Section L and Section M Amendments to Aspen Mountain PUD PLNR:r
PROD ADDR: Lots 3 & 5.. Aspen Mountain PUD CASE TYP: PUD Amendment
OWN/APP:ISavanah Limited Par ADR1515 S. Galena C/S/Z:
tEP: F77sarpa ADR: 515 S. Galena C/S/Z:
FEES DUEI 0 FEES RCVD
MTG DATE REV BODY P�H NOTIC
Ak-
4
REMARKS
CLOSED:� BY:
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CITY COUNCILT—
IL
WF
BOA:
DRAG: F—
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1`1EN10RANDUM
TO: Mayor and Cite Council
THRU: Steve Barwick, Cigy Manager
John \Korcester. Cir\ Attornev
Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Director �J '
FROM: Chris Bendon, Senior Planner ! t
� LJ
RE: Aspen Mountain PL'D Code Amendments
2nd Reading of Ordinance No. 41, Series of 2000
LTR Zone District
G11QS Residential Reconstruction Credit Conversion
DATE: September 25. 2000
SUMMARY:
Conceptual Planned Unit Development approvals were granted for Aspen Mountain
PUD `Subdivision Lot #3 and r5 pursuant to City Council Resolutions 99-93 and 99-
1 1 1. attached. Both of these conceptual approvals included conditions that the
developer «work v,-ith the Community Development Director in processing Land Use
Code text amendments in order to facilitate the development considered in the
conceptual approvals. There are t-,o proposed amendments. described under the
heading "Amendments."
The Planning and Zoning Commission revie«ed 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 necessa - allotments after converting the
residential allotments. The Commission felt that the "conversion- should allo,-v the
existing residential allotments to suffice as the necessary lodge allotments to
accommodate the planned 150 unit hotel lAithout 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 Ciq- Council adopt Ordinance No. 41, Series of 2000.
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AMENDMENTS:
LTR Zone District.
Single-family homes in this zone district are described as an allowed use on lots of
6.000 square feet or less. The minimum dimension for a single-family lot is 6.000
square feet. In combination. this alloys for single-family home to be built only 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
,,Nhich 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 GNIQS process. Such an increase in the conversion rate does
not reduce anv of the substantive review authorities of the City. The GMQS
exemption. rather than the competition, would still allow the Cite 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 Mth the AACP.
The increased conversion rate would place the authority of approving or denying a
150 unit lodge project entirely with the City Council, as opposed to the Growth
Management Commission. This higher conversion rate would eliminate Pitkin
County Planning and Zoning Commission's formal review authority as half of the
Growth Management Commission. However, Pitkin County Community
Development Department does not foresee the GMC review of this project 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 Gro A-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 -vould result in fever units available for other potential
projects. whereas providing a higher conversion rate would leave 3-2moreallotments
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 m-o 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.
APPLICANT:
Savannah Limited Partnership. Represented by Sunny Vann and John Sarpa.
PREVIOL'S ACTION:
Cite Council has not previously considered this text amendment application. Lots
and 5 %� ere granted Conceptual PUD approval pursuant to Cin- Council Resolutions
99-93 and 99-1 l 1, respectively. The text amendments were contemplated in the
conceptual approvals. attached as Exhibit -B.'*
RE\'IE\N PROCEDURE:
Text Amendment. Cite 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 Conimunity Development Director and the Planning and
Zoning Commission made during a public hearing.
STAFF COMMENTS:
Review criteria and Staff Findings have been included as Exhibit "A." The AMPUD
Conceptual approval resolutions have been included as Exhibit "B." The application
has been included as Exhibit -C.-
RECOIINIENDATION:
Staff recommends City Council adopt Ordinance No. 41. Series of 2000.
CITY 1\IANAGER COMMENTS:
RECONI'fENDED 1NIOTION:
"I move to adopt Ordinance No. 41. Series of 2000."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Comments
Exhibit B -- Resos. 99-93 and 99-111
Exhibit C -- Development Applicatior,
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 within
the Aspen Mountain Subdivision; and
WHEREAS, on March 4, 1998 and March 26, 1998, Savannah submitted further
petitions clarifying the requested dates of extension and the reasons necessitating said
extensions; and
WHEREAS, hearings were conducted before the City Council on April 13th and
May 11 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:
1. 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/l/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 l l/l/2002
*Note: Bavarian Inn application shall be consistent with the 1990 ballot language
and representations made by the applicant at the time of the election.
2. Section L of the PUD Agreement is amended to provide as follows:
"It is mutually acknowledged and verified between City and Owner that pursuant
to Municipal Code Section 24-11.2(a), Owner has the right, following their
demolition, to reconstruct within the Aspen Mountain PUD a total of 275 hotel
units and a total of 42 residential units. The original location (source) of these
reconstruction units is identified on the Schedule 9 update attached hereto and
made a part hereof by reference. Any reconstruction credits to be reconstructed
on Lots 3 and 5 are extended until one (1) year from the date of issuance of the
demolition permit for the Grand Aspen Hotel to reconstruct same. These credits
shall not confer any exemption from affordable housing requirements as may be
identified during the approval process."
(The Schedule 9 update is attached hereto and incorporated herein as part of this
Agreement.)
3. The amended construction schedule deadlines as provided for in paragraph
1 above shall be and remain in force and effect only insofar as Savannah complies with
all of those terms and conditions as set forth in that written decision of the City Council
of the City of Aspen attached hereto as Exhibit "1" 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
Mayor
ATTEST:
Kathryn S. Koch, City Clerk
APPROVED AS TO FORM:
City Attorney
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
SAVANAH LIMITED PARTNERSHIP
UA
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:
Julie Ann Woods John SaTa
COMPANY: DATE: 9 /26 /00
FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER:
5
PHONE NUMBER:
SENDER'S REFERENCE NUMBER:
RE: YOUR REFERENCE NUMBER:
Section M Amendment Hearing
❑ URGENT ❑ FOR REVIEW ❑ PLEASE COMMENT ❑ PLEASE REPLY ❑ PLEASE RECYCLE
Julie Ann,
Attached is a request from Savanah Limited Partnership for a hearing with the City 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.
R
515 SOUTH GALENA,
ASPEN, COLORADO 81611
TEL. 970-925-4272,FX. 970-925-4387
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 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 will not likely be received until sometime in the summer of
2001. This being the case, all of the dates contained in Ordinance 38, with the exception
of the Grand Aspen demolition date, are unattainable by a wide 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 with all its various development consultants to process and prepare the
final applications with all appropriate priority to meet the December 2000 deadlines.
FA
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 of time. (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.
Il. 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 following 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 will continue to be built (certificate of occupancy) or obligations met (cash in
lieu, etc.) concurrent with 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, 2001 to commence demolition; to be completed within ninety
(90) days thereafter.
c) Building Permit Submission
Within one hundred and eighty (180) days after recordation of all final
PUD documents.
3.
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 of Fill 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 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 PUD Bavarian Inn
documents
H
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.
OCT-25-00 • WED 04:36 PM S C1ASS LAND CO FAX NO. 97IN4305 • P. 02
SAVANAH LIMITED PARTNERSHIP
FACSIMILE TRANSMITTAL SHEET
TO: FROM.
Julie Ann Woods John Sarpa
COMPANY; DATE:
OCTOBER 11, 2000
FAX NUM isuk: TOTAL NO. OF PAGL•S INCLUDING COVER:
2
PI9ONE NUMBER: SENDER'S AUTRL•NCE NUMBERt
RE: YOUR REFERENCE NUMHFR:
Section M Amendment of PUD,
Section L
❑ URGFNT C] FOR REV)F W ❑ PLEASE COMMENT ❑ PLEASE REPLY ❑ PLEASE RECYCLE
Dear Julie A no,
We have noted that our recent submission of September 26 tinder 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 last time they were extended was in 1998 through Ordinance 8, All reconstruction credits
associated with Lots 3 and S 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 requestingthat all reconstruction credits be
extended for five years alter the date of final app rovals. 'this 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 credits could be used, we
thi nk it is reasonable to treat the credits as requested, These hatters should be added to the other
dates being considered at the Section M hearing we have requested. Thank you and please let me
ktiow if you have any questions about this request.
OCT-250 -00 WED 04:36 PM S MASS LAND CO FAX N0, 971#4305 • P. 03
SAVANAH LIMITED PARTNERSHIP
TO; I ROM:
Julie Ann Woods John Scapa
COMPANY: DATE: 9/26/00
FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER:
5
ITIONii NUMBER: SENDF.IVS RL•--L1kLNCL NUMDL:R:
RL•:
Section M Amendment Hearing
YOUR REFERENCE NUMBER:
❑ URG NT ❑ FOR REVIEW ❑ PLLASE COMMLNT ❑ PLEASR REPLY ❑ PLF,ASE RECYCLE•
Julic Ann,
Attached is a request from Savanah Limited. Partnership for a hearing with the City 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 fora first hearing so we would hope to be on Council's agenda
soon.
Please let ine know when it would be convenient to meet with you to review the various proposed dates.
Think you and I look forward to hearing from you.
Regards.
515 SOUTH GALENA,
ASPEN, COLORADO 81611
TEL. 970-925•4272,FX. 970-925-4387
OCT-25-00 WED 04:36 PM
•
S ASS LAND CO FAX NO. 9#4305 • P. 04
R EQ0EST FOR SEC:'FION M AMENDMENT TO ASPEN MOUNTAIN PUD
Submitted by Savanah Limited Partnership
September , 2000
'11)is request to atrtend certain construction and other dates contained in the Aspen
Mountain PUD (tile 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 PIJD, hots 3 (Top of the Mill) and 5 (the:
Grad 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
tune 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 elates 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 Are architectural
rind 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 will not likely be received until sometime in the summer of
2000, This being the case, all of the dates contained in Ordinance 38, with the exception
of the C'n-and Aspen demolition date, are unattainable by a wide margin.
It should also be noted that each of the properties in question are under contract for sale
by Savanah. Plowevcr, due to the unpredictability of any such transaction, Savanah has
been proceeding with all its various development consultants to process and prepare the
final applications with all appropriate priority to meet the December 2000 deadlines.
0CT-250 -00 WED 04:36 PM S ASS LAND 00 FAX N0, 904305 . P. 05
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 of time. ('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 ol'the demolition permit date from October 2, 2000 to the
actual date the permit is issued.
11. 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 following proposed dates for building pen -nit 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 will continue to be built (certificate of occupancy) or obligations met (cash in
lieu, etc) concurrent with or before all free market units receive their certificates of
occupancy.
The specific requested dates for hots 3 and 5 and the Bavarian are as follows:
1. Lot 5, Grand Aspen Hotel Site
a) Demolition Permit:
October 15, 2000
b) Commence Demolition
'11 irty (30) days after end of the 2001 ski season.
c) Building Permit Application
One hundred and eighty (180) days after recordation of all final PUD
documents.
OCT-25-00 WED 04:37 P11 ASS LAND CO FAX NO, 9164305 P, 06
0 0
3.
d) Commence Construction
Thirty (30) days after receipt of building permit, but no sooner than the
issuance of a building permit for the Bavarian Inn affordable housing project.
e) Certificate of Occupancy
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, 'fop of Mill
a) Permit Applications) for Infrastructure and Removal of Fill Material
Submit said application(s) within thirty (30) days after recordation of all
final PUD documents.
b) Commence Infrastructure Improvements and Removal of hill Material
Thirty (30) days after receipt of required permits, but no sooner than the
issuance of a building permit for the Bavarian Inn affordable housing project.
c) Building Permit Applications
At owner's discretion, but no sooner than the issuance of a building permit
for the Bavarian Inn affordable housing project.
d) Certificate of Occupancy for the Parcel 1 Multi -Family Free Market units
Concurrent with the receipt of a certificate of occupancy for the Parcel 2
affordable housing units.
c) Certificates of Occupancy for the Duplex Free Market Unit on Parcel 3 and the
Single -Family Free Market Units on Parcels 4, S, 6, 7 and 8.
Concurrent with the receipt of a certificate of occupancy for an on -site
accessory dwelling ur t or upon the payment of the applicable affordable housing impact
fee.
OCT-250 -00 WED 04:37 PM S MASS LAND CO FAX NO. 904305 ie P. 07
4,
3. Bavarian Inn Affordable Housing Project
a) Building Permit Application
l inety (90) days after receipt of final PUh approval of Bavarian Inn
affordable housing project.
b) Commence Construction
"Thirty (30) days after receipt of building permit for Bavarian Inn project
but no sooner than the recordation of all final PUD documents.
c) Certificate of Occupancy
Eighteen (l 8) months after receipt of building permit.
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
belore the City Council to consider all these matters. Thank you.
OCT-25-00 WED 04:35 PM S' MASS LAND CO FAX NO. 97#4305
•
SAVANATI 1,INfI'fED 1)AR'1'NI;RSI11P
FACSIMILE TRANSMITTAL SHEET// /I
To! rRONU
James l.indt John Sarpa
r'f1�1PANY� ._ DAW:
O( I'OBI?R , 2000
;A-.% NUNW(sit: L �7 Y �� TOTAL No. OF Pic s INc:t.UMNIC COVER:-µ�
z-- 3
PI ION LT Nj-GI R: SENDEWS Kid.1•HRUSNCE N1JNfBr,.ik:
YOUR RF.('ERENC6 NUMt1LR:
Sal :mah's Section NI hearing; Rcqucst
r
❑ OPC:I'N'1' ❑ Fc7R ❑ PLEASE COMMENT ❑ PidoASr, RULY ❑ PLL'ASC Rl-rYCLE
Dear Ja11nCs,
Ata -betf you will fuid the documents Savanah Limited Partnership sulnniucd on lile elates indicated
rerp2es(iisg a Section M hearing on various dates. Jule: Ain asked me to pro -vide you with these copies.
Plrase let we knew if you have any questiom. My telephone is 923-2880 and fax is 92.3.1305. Thanks and
mga nls.
1 515 SOVI'(l r:AI,L;NA,
ASPEN, (;OLORADO $1611
Ttil.. 970.933-4272,FX. 970-923. 1387
• • • 4st
Memorandum NOV 3 0 ;'lG.1
ASPEN I PITKIN
To: Mayor and City Council COMMUNITY DEVELOPMENT
Thru: Steve Barwick, City Manager -
Julie Ann Woods, Community Development Director
From: Joyce A. Ohlson, Deputy Director
Y P h'
Date: November 27, 2000
Re: An Ordinance Amending Aspen Mountain PUD/Subdivision 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 with proposed
dates for the use of the reconstruction credits associated with 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 withheld 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
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 with 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. Staff feels 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 with 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 of 2000, amending Section L and 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/j oyce/AmpudSecL&M' 00
ORDINANCE # 53
(SERIES OF 2000)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING AN
EXTENSION OF THE CONSTRUCTION DEADLINES AND
RECONSTRUCTION CREDITS THEREBY AMENDING
SECTION L AND M AMENDMENT TO THE FIRST AMENDED AND
RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT
FOR THE ASPEN MOUNTAIN SUBDIVISION, ASPEN, COLORADO.
WHEREAS, on October 3, 1988, City Council approved the Planned Unit
Development/Subdivision Agreement for the Aspen Mountain Subdivision, and
WHEREAS, the Agreement defined a construction schedule for the development
of the Aspen Mountain Subdivision (Lots 3 and Lot 5) and included dates by which the
reconstruction credits would expire, and
WHEREAS, the Agreement has been amended several times as the construction
schedule has been adjusted, (most recently pursuant to Ordinance # 8, Series of 1998 and
Ordinance #38, Series of 1999); and
WHEREAS, on September 26, 2000 and October 11, 2000, Savanah Limited
Liability Partnership ("Savannah") submitted written petitions to the Community
Development Director for City Council action pursuant to Section M of the First
Amended and Restated Planned Unit Development/Subdivision Agreement ("PUD
Agreement") for the Aspen Mountain Subdivision, seeking specific extensions in the
construction schedule and reconstruction credit dates; and
WHEREAS, Savanah has provided in said petitions a rationale and justification
for the requested Section L and Section M amendments, and
WHEREAS, pursuant to the Agreement and an amendment made thereto by
Ordinance #38, Series of 1999, Savannah has met the demolition permit application
deadline of October 1, 2000 for the demolition of the Grand Aspen Hotel; and
WHEREAS, the applicant has requested to extend the construction deadlines and
reconstruction credits to be more in keeping with Savannah's projected development
review process, PUD approval timelines of the City and the projected construction
timelines; and
WHEREAS, Savannah submitted a "Conceptual PUD Development Plan/
Subdivision application" for the Top of Mill site (Lot 3), Grand Aspen site (Lot 5) and
the Bavarian Inn site and received conceptual approval from the City Council for all
three development sites on December 6, 1999 and Savannah has indicated their intention
to submit final applications for these sites by the deadline of December 6, 2000, requiring
detailed engineering and architectural plan submissions; and
WHEREAS, because of the length of the PUD review process and the necessity
of extensive public review (a circumstance beyond the control of the applicant), City
Council finds it appropriate to extend construction and other related development dates
and reconstruction credit dates, and
WHEREAS, the City Council finds that this ordinance furthers and is necessary
for the public health, safety, and welfare, and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
F)
Section 1:
The Aspen City Council does hereby amend Savannah's construction schedule deadlines
as set forth in Section A 2 of the PUD Agreement, and as previously amended by those
Section M amendments executed in June 1990, June 1991, August 1992, October 1992,
February 1993, June 1995, February 1998, March 1998 and September, 1999, to provide
as follows:
1. Lot 5, Grand Aspen Hotel site
a) Demolition Time Table:
Commencement to occur on April 16, 2001 with completion no later than July 31,
2001.
a) Building Permit Application Submission:
Within one hundred and eighty (180) days after recordation of all final PUD
documents.
b) Certificate of Occupancy:
Within thirty (30) months after issuance of a building permit, but no sooner than
the receipt of a certificate of occupancy for the Bavarian Inn affordable housing
proj ect.
2. Lot 3, Top of Mill
a) Permit Applications for Infrastructure and Removal of Fill Material:
Submit application(s) within thirty (30) days after recordation of all final Aspen
Mountain 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 Parcel 1 Multi -Family Free Market Units:
No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable
housing units.
d) Final Inspection for the Duplex Free Market Units 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.
ki
3. Bavarian Inn Affordable Housing Project
a) Building Permit Application:
Within ninety (90) days after recordation of all final Bavarian Inn Affordable
Housing Project PUD documents.
b) Commencement of 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. However, should
said permit fall within the months of December 1, 2001 to March 31, 2002, then
commencement shall begin no later than by May V of that year.
c) Certificate of Occupancy:
Within eighteen (18) months of the date of commencement of construction as set
forth in paragraph b, above.
Section 2:
The Aspen City Council does hereby amend Section L of the PUD Agreement to grant
an extension of the usage for the reconstruction credits as follows:
"It is mutually acknowledged and verified between City and Savannah that pursuant to
Municipal Code Section 24-11.2(a), Savannah has the right, following their demolition,
to reconstruct within the Aspen Mountain PUD a total of 275 hotel units and a total of 42
residential units, some of which already been used the Ritz/St. Regis Project. Any
reconstruction credits to be reconstructed on Lots 3 and 5 are extended until five (5) years
from the date of the final PUD approval of the Aspen Mountain PUD. These credits shall
not confer any exemption from the affordable housing requirements as may be identified
during the approval process."
Section 3:
The amendments as provided in Section 1 and Section 2 of this ordinance shall be
reflected in a written amendment document approved by the City Attorney between the
City of Aspen and Savannah Limited Partnership which shall be executed and filed in the
records of the Pitkin County Clerk and Recorder's Office.
Section 4:
If any section, subsection, sentence, clause, phrase or portion of this ordinance is
for any reason held invalid or unconstitutional by any court of competent jurisdiction,
such provision and such holding shall not affect the validity of the remaining portions
thereof.
2
Section 5:
This ordinance 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 6:
A public hearing on the ordinance shall be held on the 11 th day of December, 2000,
at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130 South Galena, Aspen,
Colorado. Fifteen (15) days prior to said hearing a public notice of the same
shall be published once in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by
the City Council of the City of Aspen on the 27th day of November, 2000.
Rachel E. Richards, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed, and approved this day of , 2000.
Rachel E. Richards, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
C:/home/j oyce/Ord5 3 Section L&M
November 16, 2000
Mr. John Sarpa
515 S. Galena
Aspen, CO 81611
RE: Aspen Mountain PUD, Lot 5 Demolition
Permit #2321.2000 '
Dear John,
ASPEN • PIT_KIN
COMML'NM DEVELOPMENT DEPARTMENT
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 will 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 without 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,
lie Ann Woods
Community Development Director
City of Aspen
130 SOUTH GALENA STREET - ASPEN, COLORADO 81611-1975 - PHONE 970.920.5090 • FAX 970.920.5439
Printed on RKvded Paper
11/01/2000 12:33 303727JO0�
SERVICESI
November 1, 2000
Mr. Steven Kanipe
Aspen/Pitkin Community Development
130 South Galena Street
Aspen, CO 81.611-1975
LVI ENV NMENTO
PAGE
I,VI Environmental Services Inc.
2630 West 2nd Avenue
Denver, CO 80219
Phone: (303) 727-9205
Fax: (303) 727-9210
WWW.Iviservices.corn
` denver@lviservices.com
REFERENCE: Demolition of Grand Aspen Hotel
Dear Steven:
We have been notified by Vicky Monge that the permit issued for the demolition of the
Grand Aspen Hotel is valid through March 21, 2001. It is our intent to complete this
project by July 31, 2001, therefore we respectfully request an extension of the permit
though this date.
Please feel free to call if you have any questions or require any additional information.
Sincerely,
LVI ENVIRONMENTAL SERVICES INC.
David Dokell
Vice President
cc: Mr. Waddah Rustom
Savanah Limited Partnership
NOV-03-00 FRI 04:55 Pit
S�M&LAND 00
P. 02
'Phis will confirm that the demolition permit (the "Demolition Permit") for Lot 5 of the
Aspen Mountain Subdivision and Plaruicd ULlit Development ("Lot 5") has been issued by the
(�. A1sQz1VP4kiii Community Development Department effective as of September
will lnrther confirm that Savanah Limited Partnership has complied -With arequirements 1 under � lW10°14-cS
the Antende;d and Restated PUD Agreement dated October 3, 1988, as amended, with respect to
the issuance of the Demolition Permit for tlae improvements on Lot 5, including without
limitation, the requiremetils set forth in Ordinance No, 38 (Series of 1999).
The Acniolition Permit will be released to the: owater of Lot 5 upon confirm-Mion from ttao
State of Colorado Department of Public Health and Environment that tho asbestos abatement
work has been completed. It is understood that the asbestos abatement work will not coinnlencc
until after the 2000/2001 ski season. Therefore, the demolition of the irnproventents on Lot 5
(including the asbestos abatement work) is not required to commence until April 16, 2001. Tho
dcinolition shall be coniplctcd no later than July 31, 2001.
This letter and tho statoments contained herein may bo relied on by the current owner or
ally successor owner of Lot 5.
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NOV-03-00 FRI 04:54 PM UQWMASS LAND CO
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SAVANAII LI1ti17'E'D PARTNERSHIP
FACgIMILF. TRANSMI1'TAi. SIiEET A�
John Worcester
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John Sarpa
DATE:
11/3/00
T'O'rAl, NO OF PACES INCLUDING COVER;
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❑ Urcr?NT ❑ FOR RUViI-M ❑ P1..RASF, COMMENT ❑ PLEASL ikrpi.Y ❑ PLP.ASE RRCYCLE
Dcar John,
Attached you will rued .t draft letter with information concerning the Status of the demolition
permit for the Grand Aspen hotel that we would request from the City. In talking with tllc
building cleparancnt, there are a number of masons we need to do this Li order to Proceed. Please
call me, so I may provide you with additional details. My new office number is 923-2880,
Thank you artd rq nrds.
515 SOUTH GALENA,
ASPEN, C01.()11A1ll0 81611
'IT-11„ 070-925-4272,1'X. 970,925-4787
9
AMENDED REQUEST FOR SECTION M AMENDMENT TO ASPEN
MOUNTAIN PUD
Submitted by Savanah Limited Partnership
November 16, 2000
Dr- )i'rz' ( (C--fter
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 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 will not likely be received until sometime in the fall of
2001. This being the case, all of the dates contained in Ordinance 38, with the exception
of the Grand Aspen demolition date, are unattainable by a wide 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 with all its various development consultants to process and prepare the
final applications with all appropriate priority to meet the December 2000 deadlines.
Exk, 6, + A
2.
I. Section L of the PUD, Reconstruction Credits
Section L of the PUD contains provisions relating to the use of reconstruction credits.
Deadlines for using them have been extended throughout the processing of the PUD, 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 (1) 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
will be approved and then constructed, we are hereby requesting that all remaining
reconstruction credits in the PUD be extended for five years after the date of final
approvals for Lots 3 and 5. This 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 credits could be used, we think
it is reasonable to treat the credits as requested.
II. Grand Aspen Demolition Permit Date:
The PUD 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 will 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 2001 as part of the overall demolition, the permit will not actually be
issued until that time. Accordingly, Savanah is requesting an extension of the requirement
to obtain the permit until the spring of 2001. 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.
3.
Thus, the following 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 will continue to be built (certificate of occupancy) or obligations met (cash in
lieu, etc.) concurrent with 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:
1. Lot 5, Grand Aspen Hotel Site
a) Demolition Permit:
No later than the spring of 2001 as per the attached letter from the City
b) Demolition Time Table
Commence asbestos abatement work no later than April 16, 2001, with
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
PUD 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 of Fill Material
Submit said application(s) within thirty (30) days after recordation of all
final PUD documents.
b) Building Permit Applications
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 1 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 PUD 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 PUD documents for Lots 3 and 5.
However, should such date fall between December 1 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.
September 25, 2000
ASPEN PITKIN
COSI.NUMTY DEVELOPMENT DEPAUMENT
John Sarpa
Savanah Limited Liability Partnerships
515 S. Galena
Aspen, CO 81611
RE: Section IML: Dc-molition of the lri aad Asper.
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 me at 920-5100 with any questions regarding this matter. -
Regards,
aaulietWoods, Community Development Director
City of Aspen
cc: Steve Barwick, City Manager
John Worcester, City Attorney
Stephen Kanipe, Chief Building OTficial
Sarah Oates, City Zoning Officer
130 SOL74 GALENA STREET - .ASPEN, COLORADO S1611-1975 PHONE 970.920.5090 - F.%x 970.920.5439
Pmwd - R,vv,W Paper
NOV-16-2000 *2:18 FN • FAX NO,
P. 01 0
November 16, 2000
Mr, John Sarpa Asrrn Pt7xiry
515 S. Galena C()mK4(;\,ry D.inzrv-vw t)i.f'Ak'-v1\"r
Aspen, CO 81611
RE Aspen Mountain PUD, Lot 5 Demolition
Permit 42321.2000 "
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 will 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 continence 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 without 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 I,ot 5.
Regards,
Lille Ann Woods
Community Development Director
City of Aspen
Post -it" brand fax transmittal memo 761
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00 1
Memorandum
To: Mayor and City Council
Thru: Amy Margerum, City Manager
From: Julie Ann Woods, Community Development Director /
Date: September 27, 1999
Re: An Ordinance Amending Aspen Mountain PUD Development Dates --
(Section M Amendment)
Summary:
In September of 1999, a letter from John Sarpa of Savannah Limited Partnership, requested that
the deadline for the demolition of the Grand Aspen Hotel be further extended for another year as
an Amendment to the Aspen Mountain Planned Unit Development (PUD).
Attached is a letter, dated September 8,1999, providing a rationale and justification for extending
the demolition deadline for the Grand Aspen Hotel , along with proposed dates for the extensions
of related development. 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 withheld by Council if the "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, as well as Lot 3 and Lot 5
in September of 1999. These projects have received a recommendation for conceptual approval
from the Planning and Zoning Commission and are now before City Council as action items on
the September 27 h agenda.
In that the review process has taken longer than anticipated (partially due to the applicant's time
in responding to staff comments on their original application) the demolition of the Grand Aspen
Hotel this fall will most certainly mean that the community will have a huge hole in the ground for
the next year. Delaying the demolition for one year allows the project to obtain final development
approvals and building permits over the course of the next year and be in a position of
demolishing the building immediately prior to beginning 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 affordable housing this winter season, providing an essential service to the community.
This request is also on the September 27t' agenda as a temporary use request.
Background
On September 25, 1995, City Council amended the Aspen Mountain PUD development deadlines
to provide a three-year extension for the demolition of the Grand Aspen Hotel. Subsequently,
Ordinance 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 the Aspen Mountain PUD in June 1990, there have been four additional amendments
extending deadlines for the Grand Aspen Hotel demolition, for obtaining a certificate of
occupancy for the Ritz -Carlton Hotel, 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 PUD. The extension ensures that the site won't sit vacant for
an extended period of time before development approvals are issued and final architecture and
building permits are obtained. Because the 1998 Section M amendments were premised upon
Savannah obtaining final approval for Lot 3 and 5 and the Bavarian by January 1, 2000, and that
now appears unattainable, staff recommends shifting all the 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 the dates, including pulling 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 Final PUD approvals will likely take through Spring of 2000. Upon final
approval, the applicant could proceed into final architectural drawings for the Bavarian, the hotel,
and the Lot 3 AH residences. Given the magnitude of this work, it could take through the
summer to complete the drawings and proceed into building.permit. Building permits currently
average 6 to 8 weeks to process, putting the project potentially into October -November 2000
before building permits could be issued. Council should decide whether they believe the April 1
2001 deadline for building permit issuance is too long, or if the Certificate of Occupancy issuance
for such affordable housing deadline of October 1, 2002 is reasonable. Staff does not believe it is
unreasonable to extend the building permit date for the Bavarian to March, 2001.
The Planning and Zoning Commission also recommends that the City Council extend the
demolition deadline and utilize the building for housing this winter and summer season.
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, the proposed dates are
intended to minimize any loss of tax revenue which will occur due to the period of construction
for the Grand Aspen site.
Other: The proiposed ordinance was not properly published for this second reading. Given that
Savanah is expected to demolish the Grand Aspen by no later than October 1, 1999 and has been
anxiously awaiting a decision from council to extend the demolition date, staff is. recommending
that council pass this ordiance as an emergency ordinance upon the advise of the City Attorney.
The attached ordinance reflects the need for such an action. This will allow the request to
proceed through the hearing process as was anticipated.
Recommendation: Staff recommends that the proposed ordinance be adopted on second reading
after public testimony at a public hearing set for this evening.
Proposed Motion: Staff recommends the following motion:
"I move to approve Ordinance No. , Series of 1999, amending Section M of the First Amended
and Restated Planned Unit Development/Subdivision Agreement for the Aspen Mountain
Subdivision."
City Manager Comments:
Attachments:
Ordinance No. 8, Series of 1998
Exhibit 1--Applicant's Petition
Exhibit 2--Amendment document
G:/plwmin'aspmkxsas/pud/anipud/sean992ndrnddoc
0 0 0
TO: Mayor Richards and City Council
THRU: Steve Barwick, City Manager �� 1✓
FROM: Julie Ann Woods, Community Development Directoi'�.-
DATE: September 20, 2000
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 Grand Aspen before the October 1, 2000 deadline.
Although he has been in contact with the building dept., and a site visit is scheduled for
this Friday, it is unlikely the demo permit itself will be able to be issued prior to October
1, 2000, given the workload within 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 1 deadline and keep
the permit active for six months over the ski season. They do not plan to demolish the
building before April, 2001. They intend to secure the building and will hire a security
company to do this work. They have also indicated that they do not intend to master
lease the building over the winter 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 winter season. Please advise staff or the
City Manager as soon as possible if you wish to discuss this further.
ORDINANCE #38
(SERIES OF 1999)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING AN
EXTENSION OF THE CONSTRUCTION DEADLINES, INCLUDING THE
DEMOLITION DEADLINE FOR THE "GRAND ASPEN HOTEL" FROM
OCTOBER 1, 1999 TO OCTOBER 1, 2000, THEREBY AMENDING
SECTION M AMENDMENT TO THE FIRST AMENDED AND RESTATED
PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE
ASPEN MOUNTAIN SUBDIVISION, ASPEN, COLORADO.
WHEREAS, on October 3, 1988, City Council approved the Planned Unit
Development/Subdivision Agreement for the Aspen Mountain Subdivision, and
WHEREAS, the Agreement defined a construction schedule for the development
of the Aspen Mountain Subdivision, which included a demolition deadline for the
Grand Aspen Hotel, and
WHEREAS, pursuant to the Agreement, the Owner shall be permitted to request
an extension from City Council of the demolition deadline for the Grand Aspen Hotel,
and
WHEREAS, the Agreement has been amended several times as the construction
schedule has been adjusted, with the most recent extension of the demolition deadline
being from October 1, 1998 to October 1, 1999 (pursuant to Ordinance 4, Series of
1998), and
WHEREAS, the applicant, Savanah Limited Liability Partnership, has requested
by a petition dated September 8, 1999. that the demolition deadline for the Grand Aspen
Hotel be extended from October 1, 1999 to October 1, 2000, and
WHEREAS, Savanah has provided in said petition a rationale and justification
for the requested Section M amendment, and
WHEREAS, the applicant has requested to extend the demolition deadline to
October 1, 2000, in order to facilitate student housing for the Music Associates and
for Aspen Skiing Company, and
WHEREAS, the applicant has submitted a "conceptual PUD development plan/
subdivision application" for the Grand Aspen site and the Top of Mill (which received
conceptual approval at the Aspen Planning and Zoning Commission on September 7,
1999), and
WHEREAS, the Aspen Planning and Zoning Commission by resolution
recommended extension of the demolition deadline, finding that the use of the Grand
Aspen for affordable housing to be in the best interests of the community, and
WHEREAS, because of the length of the PUD review process and the necessity
of extensive public review (a circumstance beyond the control of the applicant), City
Council finds it appropriate to extend demolition and other development deadlines, and
WHEREAS, Council having reviewed the Memorandum of City Manager Amy
Margerum regarding the "Extension of Deadline for the Demolition of the Grand
Aspen Hotel," and having considered the best interests of the community concerning the
extension does hereby wish to grant an extension from October 1, 1999 to October 1,
2000, and
WHEREAS, the City Council has declared an emergency in accordance with Section
4.11 of the City of Aspen Charter, and
WHEREAS, the City Council finds that this ordinance furthers and is necessary for
2
the public health, safety, and welfare, and
WHEREAS, the current Section M approvals will expire on October 1, 1999, absent
this emergency ordinance, which will provide housing for Aspen workers and music
students, satisfying the requirement that the ordinance be necessary for the public health,
safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1•
The Aspen City Council does hereby grant an extension of the deadline for complete
demolition of the Grand Aspen Hotel from October 1, 1999 to October 1, 2000,
thereby amending the Section M Amendment to the First Amended and Restated
Planned Unit Development/Subdivision Agreement for the Aspen Mountain Subdivision,
as amended, with the following conditions:
1. This extension is not an extension of vested rights status.
2. The Grand Aspen Hotel shall be maintained and operated in a fashion that is
consistent with existing Municipal Codes that govern health, safety, and welfare of
occupants.
3. The following operational schedule shall apply for the Grand Aspen Hotel:
The rooms and common areas may only be rented to facilitate student housing for the
Music Associates, to facilitate ski season employee housing for the Aspen Skiing
Company, to facilitate Savanah employee housing, and to continue the existing Maxfields
restaurant and bar and the Hair Salon uses.
Final Demolition Permit and Demolition: October 1, 2000.
4. Savannah's construction schedule deadlines as set forth in Section A 2 of the PUD
Agreement, and as previously amended by those Section M amendments executed in
June 1990, June 1991, August 1992, October 1992, February 1993, June 1995, February
1998, and March 1998 are further amended to provide as follows:
3
From
Demolition permit for Lot 5, Grand Aspen Hotel 10/1/1999
Building permit issuance for all required 4/1/2000
affordable housing, including the Bavarian Inn,
and approval of any proposed public
infrastructure, Top of Mill (Lot 3)
Building permit issuance, Hotel Phase II (Lot 5)
Certificate of Occupancy for all required
affordable housing, including redevelopment of
the Bavarian Inn, and acceptance of public
infrastructure, Top of Mill (Lot 3)
Certificate of Occupancy, Hotel Phase II (Lot 5)
Section 2•
4/l/2000
10/ 1 /2001
11 / 1 /2002
To
10/ 1 /2000
4/ 1 /2001
4/ 1 /2001
10/1/2002
11 / 1 /2003
If any section, subsection, sentence, clause, phrase or portion of this ordinance is
for any reason held invalid or unconstitutional by any court of competent jurisdiction,
such provision and such holding shall not affect the validity of the remaining portions
thereof.
Section 3•
This ordinance shall not affect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending 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•
A public hearing on the Ordinance shall be held on the 271h day of September, 1999,
at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130 South Galena, Aspen,
Colorado. Fifteen (15) days prior to said hearing a public notice of the same
M
shall be published once in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
the City Council of the City of Aspen on the 13th day of September, 1999.
Rach 1 E. Richards, Mayor
ATTEST:
lze���
Kathryn S. och, eity Clerk
FINALLY adopted, passed, and approved this 27th day of September, 1999.
ATTEST:
Kathryn S. och, City Clerk
G:/p I ann ing/aspen/ords/orO 899. doc
5
•
1% LECC;va)
SAVANAH LIMITED PARTNERSHIP OCl 1220n(1
COMIV;U °RENT
FACSIMILE TRANSMITTAL SHEET
TO: FROM:
Julie Ann Woods John Sarpa
COMPANY: DATE:
OCTOB 11, 20W
FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER:
2
PHONE NUMBER: SENDER'S REFERENCE NUMBER:
RE: YOUR REFERENCE NUMBER:
Section M Amendment of PUD,
Section L
❑ URGENT ❑ FOR REVIEW ❑ PLEASE COMMENT ❑ PLEASE REPLY ❑ 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 last 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. This 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 credits 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
NOV-08-00 WED 01:30 PM 40
Ass LAND 00
facsimile transmittal
To: )(hic Ann Woods & Fax:
)oyce Olson
FAX N0, 97 4305 • P. 01
wmam �aqd �=pagy
P.O. Box 6119
0021 Bargt moptaiq �Irele
sgowmass Uilla�e, �0 81615
Pf)oq¢: 9 70-923-2880
Fax: 970-923-4305
92054.39
From: )ol)rl5aepa Date: 11/08/2000
Re: Section M Amendment Pages: 5 (including cover)
Hearing
❑ Urgent ❑ For Revirm ❑ Please Comment ❑ Please Reply CJ Please Recycl
This is the original and correct Section. M request, The 10/25/00 fax sent to James Lint
was an earlier draft.
See you at 2:00.
John Sarpa
r
% 0 0
Snowmass
Land
Company
Facsimile Transmittal
Date:
To: From: v
Recipients' Fax No.: 7� --5-xj�! Recipients' Phone No.:
We are transmitting a total of pages. Please call 970.923.2880 if you did not receive all of
the pages.
❑ URGENT ❑ FOR REVIEW ❑ PLEASE COMMENT ❑ PLESE REPLY ❑ PLEASE RECYCLE
Document:
Message:
5
Snowmass Land Company
PO Box 6119
0021 Burnt Mountain Circle
Snowmass Village, Colorado 81615
No. of Pages
p 970.923.2880
f 970.923.4305
This facsimile contains PRIVILEGED AND /OR 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.
September 25, 2000
ASPEN PITKIN
_ COMMUNITY DEVELOPMENT DEPARTMENT
John Sarpa
Savanah Limited Liability Partnerships
515 S. Galena
Aspen, CO 81611
RE: Section M: Demolition of the Grand 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 me at 920-5100 with any questions regarding this matter. -
Regards,
ulie Ann 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 SOLTH GALENA STREET - ASPEN, COLORADO 81611-1975 • PHONE 970.920.5090 - FAx 970.920.5439
PriNeJ on R cvclyd Paper
• (2 �( 00
ORDINANCE # 53
(SERIES OF 2000)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING AN
EXTENSION OF THE CONSTRUCTION DEADLINES AND
RECONSTRUCTION CREDITS THEREBY AMENDING
SECTION L AND M AMENDMENT TO THE FIRST AMENDED AND
RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT
FOR THE ASPEN MOUNTAIN SUBDIVISION, ASPEN, COLORADO.
WHEREAS, on October 3, 1988, City Council approved the Planned Unit
Development/Subdivision Agreement for the Aspen Mountain Subdivision, and
WHEREAS, the Agreement defined a construction schedule for the development
of the Aspen Mountain Subdivision (Lots 3 and Lot 5) and included dates by which the
reconstruction credits would expire, and
WHEREAS, the Agreement has been amended several times as the construction
schedule has been adjusted, (most recently pursuant to Ordinance # 8, Series of 1998 and
Ordinance #38, Series of 1999); and
WHEREAS, Savanah Limited Liability Partnership ("Savannah") submitted a
written petition on September 26, 2000, amended October 11, 2000, and November 16,
2000, to the Community Development Director for City Council action pursuant to
Section M of the First Amended and Restated Planned Unit Development/Subdivision
Agreement ("PUD Agreement") for the Aspen Mountain Subdivision, seeking specific
extensions in the construction schedule and reconstruction credit dates; and
WHEREAS, Savanah has provided in said petitions a rationale and justification
for the requested Section L and Section M amendments, and
a 0
WHEREAS, pursuant to the Agreement and an amendment made thereto by
Ordinance #38, Series of 1999, Savannah has met the demolition permit application
submission deadline of October 1, 2000 for the demolition of the Grand Aspen Hotel; and
WHEREAS, the applicant has requested to extend the construction deadlines and
reconstruction credits to be more in keeping with Savannah's projected development
review process, PUD approval timelines of the City and the projected construction
timelines; and
WHEREAS, Savannah submitted a "Conceptual PUD Development Plan/
Subdivision Application" for the Top of Mill site (Lot 3), Grand Aspen site (Lot 5) and
the Bavarian Inn site and received conceptual approval from the City Council for all
three development sites on December 6, 1999 and Savannah has indicated their intention
to submit final applications for these sites by the deadline of December 6, 2000, requiring
detailed engineering and architectural plan submissions; and
WHEREAS, because of the length of the PUD review process and the necessity
of extensive public review (a circumstance beyond the control of the applicant), City
Council finds it appropriate to extend construction and other related development dates
and reconstruction credit dates, and
WHEREAS, the City Council finds that this ordinance furthers and is necessary
for the public health, safety, and welfare, and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
2
• • •
i •
Section 1:
The Aspen City Council does hereby amend Savannah's construction schedule deadlines
as set forth in Section A 2 of the PUD Agreement, and as previously amended by those
Section M amendments executed in June 1990, June 1991, August 1992, October 1992,
February 1993, June 1995, February 1998, March 1998 and September, 1999, to provide
as follows:
1. Lot 5, Grand Aspen Hotel site
a) Demolition Time Table:
Commencement to occur on or before April 16, 2001 with completion no later
than July 31, 2001. An initial meeting shall occur between Savannah and the
adjacent neighbors by January 31, 2000, to discuss the demolition process.
b) Building Permit Application Submission:
Within one hundred and eighty (180) days after recordation of all final Aspen
Mountain PUD documents.
c) Certificate of Occupancy:
Within thirty (30) months after issuance of a building permit, but no sooner than
the receipt of a certificate of occupancy for the Bavarian Inn affordable housing
project.
2. Lot 3, Top of Mill
a) Permit Applications for Infrastructure and Removal of Fill Material:
Submit application(s) within thirty (30) days after recordation of all final Aspen
Mountain 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 Parcel 1 Multi -Family Free Market Units:
No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable
housing units.
d) Final Inspection for the Duplex Free Market Units 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 Bavarian Inn Affordable
Housing Project PUD documents.
b) Commencement of Construction:
Within thirty (30) days after receipt of building permit for Bavarian Inn project
but no sooner than the recordation of all final Aspen Mountain PUD documents.
However, should said permit fall within the months of December I` to March 3Is'
then commencement shall begin no later than by May I` of that year.
c) Certificate of Occupancy:
Within eighteen (18) months of the date of commencement of construction as set
forth in paragraph b, above.
Section 2:
The Aspen City Council does hereby amend Section L of the PUD Agreement to grant
an extension of the usage for the reconstruction credits as follows:
"Any reconstruction credits to be reconstructed on Lots 3 and 5 are extended until five (5)
years from the date of the final PUD approval of the Aspen Mountain PUD. These
credits shall not confer any exemption from the affordable housing requirements as may
be identified during the approval process."
Section 3:
The amendments as provided in Section 1 and Section 2 of this ordinance shall be
reflected in a written amendment document approved by the City Attorney between the
City of Aspen and Savannah Limited Partnership which shall be executed and filed in the
records of the Pitkin County Cleric and Recorder's Office.
Section 4:
If any section, subsection, sentence, clause, phrase or portion of this ordinance is
for any reason held invalid or unconstitutional by any court of competent jurisdiction,
such provision and such holding shall not affect the validity of the remaining portions
thereof.
Section 5:
This ordinance 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
F.
repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior ordinances.
Section 6:
A public hearing on the ordinance shall be held on the 1 lth day of December, 2000,
at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130 South Galena, Aspen,
Colorado. Fifteen (15) days prior to said hearing a public notice of the same
shall be published once in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by
the City Council of the City of Aspen on the 27th day of November, 2000.
Rachel E. Richards, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed, and approved this 11`h day of December, 2000.
ATTEST:
Kathryn S. Koch, City Clerk
C:/home/joyce/Ord53 SectionL&M
Rachel E. Richards, Mayor
5
ORDINANCE #38
(SERIES OF 1999)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING AN
EXTENSION OF THE CONSTRUCTION DEADLINES, INCLUDING THE
DEMOLITION DEADLINE FOR THE "GRAND ASPEN HOTEL" FROM
OCTOBER 1, 1999 TO OCTOBER 1, 2000, THEREBY AMENDING
SECTION M AMENDMENT TO THE FIRST AMENDED AND RESTATED
PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE
ASPEN MOUNTAIN SUBDIVISION, ASPEN, COLORADO.
WHEREAS, on October 3, 1988, City Council approved the Planned Unit
Development/Subdivision Agreement for the Aspen Mountain Subdivision, and
WHEREAS, the Agreement defined a construction schedule for the development
of the Aspen Mountain Subdivision, which included a demolition deadline for the
Grand Aspen Hotel, and
WHEREAS, pursuant to the Agreement, the Owner shall be permitted to request
an extension from City Council of the demolition deadline for the Grand Aspen Hotel,
and
WHEREAS, the Agreement has been amended several times as the construction
schedule has been adjusted, with the most recent extension of the demolition deadline
being from October 1, 1998 to October 1, 1999 (pursuant to Ordinance 4, Series of
1998), and
WHEREAS, the applicant, Savanah Limited Liability Partnership, has requested
by a petition dated September 8, 1999, that the demolition deadline for the Grand Aspen
Hotel be extended from October 1, 1999 to October 1, 2000, and
WHEREAS, Savanah has provided in said petition a rationale and justification
for the requested Section M amendment, and
WHEREAS, the applicant has requested to extend the demolition deadline to
October 1, 2000, in order to facilitate student housing for the Music Associates and
for Aspen Skiing Company, and
WHEREAS, the applicant has submitted a "conceptual PUD development plan/
subdivision application" for the Grand Aspen site and the Top of Mill (which received
conceptual approval at the Aspen Planning and Zoning Commission on September 7,
1999), and
WHEREAS, the Aspen Planning and Zoning Commission by resolution
recommended extension of the demolition deadline, Ending that the use of the Grand
/''"'I Aspen for affordable housing to be in the best interests of the community, and
WHEREAS, because of the length of the PUD review process and the necessity
of extensive public review (a circumstance beyond the control of the applicant), City
Council finds it appropriate to extend demolition and other development deadlines, and
WHEREAS, Council having reviewed the Memorandum of City Manager Amy
Margerum regarding the "Extension of Deadline for the Demolition of the Grand
Aspen HoteI," and having considered the best interests of the community concerning the
extension does hereby wish to grant an extension from October 1, 1999 to October 1,
2000, and
WHEREAS, the City Council has declared an emergency in accordance with Section
4.11 of the City of Aspen Charter, and
�,.-., WHEREAS, the City Council finds that this ordinance furthers and is necessary for
the public health, safety, and welfare, and
t
WHEREAS, the current Section M approvals will expire on October 1, 1999, absent
this emergency ordinance, which will provide housing for Aspen workers and music
students, satisfying the requirement that the ordinance be necessary for the public health,
safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1•
The Aspen City Council does hereby grant an extension of the deadline for complete
demolition of the Grand Aspen Hotel from October 1, 1999 to October 1, 2000,
thereby amending the Section M Amendment to the First Amended and Restated
Planned Unit Development/Subdivision Agreement for the Aspen Mountain Subdivision,
as amended, with the following conditions:
1. This extension is not an extension of vested rights status.
2. The Grand Aspen Hotel shall be maintained and operated in a fashion that is
consistent with existing Municipal Codes that govern health, safety, and welfare of
occupants.
3. The following operational schedule shall apply for the Grand Aspen Hotel:
The rooms and common areas may only be rented to facilitate student housing for the
Music Associates, to facilitate ski season employee housing for the Aspen Skiing
Company, to facilitate Savanah employee housing, and to continue the existing Maxfields
restaurant and bar and the Hair Salon uses.
Final Demolition Permit and Demolition: October 1, 2000.
4. Savannah's construction schedule deadlines as set forth in Section A 2 of the PUD
Agreement, and as previously amended by those Section M amendments executed in
June 1990, June 1991, August 1992, October 1992, February 1993, June 1995, February
1998, and March 1998 are further amended to provide as follows:
From
Demolition permit for Lot 5, Grand Aspen Hotel 10/1/1999
To
10/1/2000
Building permit issuance for all required 4/1/2000 4/1/2001
affordable housing, including the Bavarian Inn,
and approval of any proposed public
infrastructure, Top of Mill (Lot 3)
Building permit issuance, Hotel Phase II (Lot 5) 4/1/2000 4/1/2001
Certificate of Occupancy for all required 10/1/2001 10/1/2Q02
affordable housing, including redevelopment of
the Bavarian Inn, and acceptance of public
infrastructure, Top of Mill (Lot 3)
Certificate of Occupancy, Hotel Phase II (Lot 5) 11/1/2002 11/1/2003
Section 2:
If any section, subsection, sentence, clause, phrase or portion of this ordinance is
for any reason held invalid or unconstitutional by any court of competent jurisdiction,
such provision and such holding shall not affect the validity of the remaining portions
thereof.
Section 3•
This ordinance shall not affect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending 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:
A public hearing on the Ordinance shall be held on the 27`h day of September, 1999,
rr at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130 South Galena, Aspen,
Colorado. Fifteen (15) days prior to said hearing a public notice of the same
4
i
shall be published once 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 the 13th day of September, 1999.�: <:
C
'✓!%�"f
Rach E. Richards, Mayor
ATTEST: --
Kathryn S. och, dity Clerk
FINALLY adopted, passed, and approved this 27th day of September, 1999-
ATTEST:-`
Kathryn S. och, City Clerk
G:/plannino/aspen/ords/ord3899.dor
R
Ra el E. Richards,
ORDINANCE NO. 8
(Series of 1998)
AN ORDINANCE RATIFYING AND APPROVING AMENDMENTS TO SECTION L AND
SECTION M OF THE FIRST AMENDED AND RESTATED PLANNED UNIT
DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE ASPEN MOUNTAIN
SUBDIVISION.
WHEREAS, on September 27, 1995, Savanah Limited Partnership ("Savanah) submitted
a written petition to the City Council pursuant to Section M of the First Amended and Restated
Planned Unit Development/Subdivision Agreement ("PUD Agreement") for the Aspen Mountain
Subdivision, seeking an unspecified extension in the construction schedule governing
construction and development of the parcels known as Lot 3 and Lot 5 of the Aspen Mountain
Subdivision; and
WHEREAS, on March 4, 1998 and March 26,1998, Savanah submitted further petitions
clarifying the requested dates of extension, and providing a rationale and justification for the
requested Section M amendment; and
WHEREAS, the public interest requires that an appropriate replacement development be
constructed as soon as practicable following the demolition of the Grand Aspen Hotel; and
WHEREAS, a hearing was conducted before City Council on May 4, 1998, during which
Savannah successfully demonstrated that the reasons necessitating extension in the subject
construction schedule were beyond its control; and
WHEREAS, Section M of the PUD Agreement authorizes amendments to the
construction schedule deadlines under circumstances as demonstrated by Savannah; and
WHEREAS, Savannah has agreed to submit a land use application for Lots 3 and 5, and
for the Bavarian Inn site by September 15, 1998.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section 1
The following amendment to the First Amended and Restated Planned Unit
Development/Subdivision Agreement for the Aspen Mountain Subdivision, as amended, is
hereby ratified and approved:
1. Savannah's construction schedule deadlines as set forth in Section A2 of the PUD
Agreement, and as previously amended by those Section M amendments executed in June 1990,
June 1991, August 1992, October 1992, February 1993, June 1995, February 1998, and March
1998 are further amended to provide as follows:
2.
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/l /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.
Section L of the PUD Agreement is amended to provide as follows:
"Any reconstruction credits to be constructed on Lots 3 and 5 are extended until one (1)
year from the date of issuance of the demolition permit for the Grand Aspen Hotel to
reconstruct same. These credits shall not confer any exemption from affordable housing
requirements as may be identified during the approval process."
Section 2
The amendment as provided for herein is subject to all the terms and conditions as set
forth in that written decision issued by City Council pursuant to Savannah's petition dated March
3, 1998, and amended on March 26, 1998, requesting the extension of the above -described
construction schedule deadline, a copy of which is attached hereto as Exhibit 1.
Section 3
The amendment as provided for herein is to be reflected in a written amendment
document attached hereto as Exhibit 2 which shall be executed and filed in the records of the
Pitkin County Clerk and Recorder's Office.
Section 4
This ordinance shall not have any effect on existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
repealed or amended as herein provided, and the same shall be construed and concluded under
such prior ordinances.
Section 5
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
Section 6
A public hearing on this ordinance shall be held on the 1 Ith day of May, 1998, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the 1 lth day of May, 1998.
John S. Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved the 26th day of May, 1998.
John S. Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
File: g:\planning\caseload\ampud7.doc
sc