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HomeMy WebLinkAboutordinance.council.039-98Ordinance No. 39, Series of 1998 Page 1 ORDINANCE No. 39 (SERIES 01. 1998) AN ORDINANCE OF TIlE ASPEN CITY COUNCIL APPROVING AMENDMENTrS TO TIlE TIPPLE LODGE'S 1979 SUBDMSION EXEMPTION AGREEMI~NT RECORDED W1TI:I ~ PITKIN COUNTY CLERK AND RECORDER AT BOOK 378, PAGES 294-297, WI-IERE SAID PROPERTY IS LOCATED AT 530 SOUTH GALENA STREET (LOT 2, TIPPLE WOODS SUBDMSION, ACCORDING TO THE RECORDED PLAT FOR TIPPLE WOODS SUBDMSION RECORDED AS DOCUMENT NUMBER 107798 IN DITCH BOOK 2A AT PAGE 250 OF TItE RECORDS OF PITI(IN COUNTY, COLORADO), CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, pUrsuant to Section 26.88.070(B)(4) of the Aspen Municipal Code, City Council may modify or remove conditions of cond°miniumization approval set prior to July 1, 1992; and WI-IEREAS, on October 23, 1979, City Council approved a Subdivision Exemption Agreement (hereinafter "Agreement") for the CondominiumJzation of the Tipple Lodge, and said Agreement contained three conditions/covenants restricting the use of the subject property; and WHEREAS, the owners of the subject property, Mary I. Faulkner, John L. Faulkner, and John R. Fanlkner, have applied to have the Agreement amended by City Council pursuant to the terms of Section 5 of said Agreement; and WlffEREAS, the Community Development Department, having reviewed the application recommends approval of the proposed amendments with conditions; and WFIEREAS, the Aspen City Council has reviewed and considered the subject application under the applicable provisions of the Municipal Code as ideniified herein, has reviewed and considered those recommendations of the Community Development Department, and has taken and considered public comment at a public hearing; and WI-IEREAS, the City Council finds the subject application to be consistent with the minimum requirements and review standards for Amendment of a Subdivision Exemption Agreement of the Aspen Municipal Code provided the stipulated conditions of approval are met. NOW, TI-IEREFORE, BE IT ORDAINED BY THE CITY coLrNcIL OF TBlg CITY OF ASPEN, COLORADO: Section 1: That the Subdivision Exemption Agreement for the Tipple Lodge is hereby approved to be amended as proposed by the applicant, with the following conditions: 1. Any requests for conversion(s) or change(s) in use from lodge to residential will be reviewed and evaluated in terms of the cumulative impact of all conversions applied for (both present and past), as well as in accordance with all applicable provisions of Chapter 26.100, Growth Management Quota System, and Title 26, Land Use Code, of the Aspen Municipal Code. Ordinance No. 39, Series of 1998 Page 2 2. The exact language of the amended agreement to be subject to review and approval by the City Attorney. Once signed by all appropriate parties, the amended agreement shall be recorded with the Pitkin County Clerk and Recorder's Office. 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 c0mpetent 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 litigatioi3 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 was held on the 26th day of October, 1998 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fiReen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen.' APPROVED AS TO FORM: INTRODUCED, READ AND ORDERED pLrBLISItED as provided by law, by the City Council of the City of Aspen on the 28th day of September, 1998. Kathryn S. 7ch, C,/(y-Clerk FINALLY, adopted, passed and approved this/t/ day of.~~lJ998. ~7 ~ ' :athryn S ch, ity' Clerk EXHIBIT "A' PROPOSED AM~ENDED SUBDIVISION AGREEMENT Parties. The parties To this agreement are the owners of all of the Tipple Lodge Condominiums ("Owner") and the City of Aspen. a municipal corporation ("Aspen"). 2. Recitations. The Owner holds fee title to twelve condominium units known as the Tipple Lodge Condominiums pursuant to the instrument recorded in Book 385 age soo, which property is zoned LT/K zone. Tne Tipple Lodge Condominiums are currently comprised of two (2) studio condominiums with full kitchens and ten (10) lodge room condominiums. The Tipple Lodge Condomimums are subject ro certain restrictions more fully described in the Subdivision Exemption Agreement recorded in Book 378 at Page 294, including the requirement that the Owner resmcr the rental of the ten (I0) lodge room condominium units to short-term rental at market rates and be registered with a central reservations entity in Pitldn County, Colorado; and that the lodge room condominiums shall have local management which may be different for different units. 34. Amendment. Except as set forth herein, the terms, conditions and covenants set forth and agreed to in the Subdivision Exemptio,n Agreement shall remain in full force and effect. '~ ......... : ....... ~-:-: ...... :' '-~'"' - ~'" ":*~--- This Amendment to Subdivision Agreement expressly removes any and all reqturements regarding the rental of any units and specifically deletes the requirement that the lodge room condominiums be rented at short-term rental market rates, be managed by local management and be registered with a central reservations entity in Pitkin County, Colorado.