HomeMy WebLinkAboutordinance.council.015-02 ORDINANCE No. 15
(SEINES OF 200Z)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SECTION M
AMENDMENTS TO THE FIRST AMENDED AND RESTATED pLANNED UNIT
DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE ~SPEN MOUNTAIN
PUD/SUBDIVISION THEREBY AMENDING THE CONSTRUCTION SCHEDULES
WHEREAS, on October 3, 1988, City Council approved the First Amended and
Restated Planned Unit Development/Subdivision Agreement for the Aspen Mountain
Subdivision (the "Agreement"); and
WHEREAS, the Agreement defined a construction schedule for the development of Lots
3 and 5 of the Aspen Mountain Subdivision; and
WHEREAS, the Agreement has been amended several times as the construction
schedule has been adjusted, (most recently pursuant to Ordinance #53, Series of 2000); and
WHEREAS, the most recent amendment also established a construction schedule for the
development of the Bavarian Inn affordable housing project; and
WHEREAS, Top of Mill Investors, LLC; Grand Aspen Lodging, LLC; and Bavarian Inn
Affordable Housing, LLC, represented by Four Peaks Development ("Four Peaks"), purchased
Lot 3, Lot 5 and the Bavarian Inn property, respectively, fi'om Savanah Limited Partnership on
January l 1, 2000; and
WHEREAS, Four Peaks submitted written petitions on April 26, 2002 and May 31, 2002
to the Community Development Director for City Council action pursuant to Section M of the
Agreement requesting further changes to the construction schedules for Lots 3 and 5 and the
Bavarian Inn affordable housing project; and
WHEREAS, Four Peaks has provided in said petitions a rationale and justification of the
requested Section M amendment; and
WHEREAS, Four Peaks has met the deadline for the demolition of the Grand Aspen
Hotel as provided for in Ordinance #53, Series of 2000; and
WHEREAS, after detailed investigation into remodeling the existing Bavarian Inn, Four
Peaks determined that it is preferable to demolish and the existing Bavarian Inn and to rebuild a
new structure on the existing foundation, or is willing to discuss with the City another mutually
acceptable location on the property; and
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WHEREAS, Four Peaks submitted a land use application in April of 2002 to the City
requesting approval to replace the existing Bavarian Inn with a new structure and the Community
Development Department staff has requested revisions to the project's site plan; and
WHEREAS, Four Peaks wishes to move forward with the construction of all of the
buildings on Parcel 2 of the Bavarian Inn affordable housing project ("Phase I") while a revised
proposal incorporating the staff's requested revisions on Parcel 1 is processed by the City ("Phase
II"); and
WHEREAS, Four Peaks will proceed with the recordation of the approved final PUD
development plan and associated documents for the Bavarian Inn affordable housing project as
reflected in Ordinance #2l, Series of 2002, and future changes to Parcel 1 will be processed as
an amendment to those recorded documents; and
WHEREAS, because of potential construction timing impacts that may result from a
pending lawsuit with respect to Lot 5 (a circumstance beyond the control of Four Peaks), and a
proposed PUD amendment to the Bavarian Inn affordable housing project to accommodate a
revised site plan for Parcel 1, the City Council finds it appropriate to amend the construction
schedules for Lots 3 and 5 and the Bavarian Inn project; and
WHEREAS, The City of Aspen City Council, by a vote of five to zero (5-0), approved
Four Peaks requested Section M amendment to the Agreement requesting specific revisions to
the construction schedules for Lots 3 and 5 of the Aspen Mountain Subdivision and the Bavarian
Inn affordable housing project; and
WHEREAS, the City Council finds that this ordinance furthers and is necessary for the
public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED By THE CiTY COUSCiL 6F THE QITY oF
ASPEN, COLORADO:
Section 1
The Aspen City Council does hereby amend the 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, September, 1999, and December 2000 to provide as
follows:
1. Lot 5, Grand Aspen Hotel site
a) Building Permit Application Submission: Within one hundred and eighty (180) days
after recordation of all final Aspen Mountain PUD documents. Submission before
recordation is allowed.
b) Certificate of Occupancy: Within thirty (30) months after commencement of
construction, but no sooner than the receipt of a certificate of occupancy for both phases
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of the Bavarian Inn Affordable Housing PUD project. A certificate of occupancy will be
issued upon satisfaction of the Chief Building Official. COmmencement of construction
shall be considered as when the first concrete pour for the foundation occurs.
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. Submission before recordation is allowed.
b) Building Permit Applications for Parcels 3, 4, 5, 6, 7, and 8:
At owner's discretion, but no sooner than the issuance of a building permit for Phase I
of the Bavahan 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 of Lot 3, Top of Miil.
d) Certificate of Occupancy for the Free Market Units on Parcels 3~ 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: Building permits for Phase I shall be applied for
within ninety (90) days after recordation of the originally approved PUD documents.
Building permits for Phase II shall be applied for within ninety (90) days after
recordation of the amended PUD documents for Phase II or within ninety (90) days of
the denial ora PUD amendment by the City Council for changes to Phase II.
b) Commencement of Construction: Within thirty (30) days after receipt of building
permits for each phase of the 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 1st to March 31st, then commencement shall begin no later than
by May 1st 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. A certificate of occupancy will be
issued upon satisfaction of the Chief Building Official.
Section 2
The amendments as provided in Section 1 of this ordinance shall be reflected in a written
amendment document approved by the City Attorney between the City of Aspen and Four Peaks
Development which shall be executed and filed in the records of the Pitkin CoUnty Clerk and
Recorder's Office.
Section 3
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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 remaimng portions thereof.
Section 4
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 5
A public hearing on the ordinance shall be held on the l0th day of June, 2002, at 5:00 p.m. in the
City Council Chambers, Aspen City Hall, 130 South Galena, Aspen, Colorado. Fifteen (15) days
prior to said heahng 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 13th day of May, 2002.
H~le~ ~-a~Kla~'~e~'ud, Mayor
ATTEST:
~'-Kathryn S. K~op, City Clerg
FINALLY adiSpted, passed, and approved this 10th day of June 2002.
ATTEST:
yn S. K0~c~, ~ity Clerk
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