The URL can be used to link to this page

Home My WebLink AboutLand Use Case.400 E Dean St.A072-994006T76(AM-4(--------------------------22Â¥-234=-~27-37182%5005-~EI~ 1 1 --,2.-/ Ch np 1, v.v.c kil"(*CL A072-991515 S. Galena St. 1 . -Eli 5 04*1 1. -1 A 0 A - / 39/1 'tod -. 400 8 -0 6 n * St a *_, 19 DE.Â« tl-G (~UL A072-99i515 S. Galena St. L OT ErÂ·-~J==--6~ 2737182,85005 (Â§,BArd P, it",~A~--~ 1 -4 - P E 4 0 \4\ 4 4 ~0-7_ ~- PA# .. PARCEL-ID: ~273718285005 -DATE RCVD: j8/19/99 # COPIES:~ CASE NO~A072-99 CASE NAME:|Aspen Mountain PUD demolition request PLNR~Julle Ann Woods PROJ ADDR:]Grand Aspen Hotel CASE TYP:~PUD Demolition STEPS:~ OWN/APP: Savanah Limited Par ADR1515 S. Galena St C/S/Z:1 PHN:~925-4272 REP:~Savanah Limited Partnership ADR:|515 S Galena St C/S/Zi PHN1925-4272 FEES DUE:~0 FEES RCVolo STAT: F- REFERRALS~ REF:| BYI___ " DUE:~ MTG DATE REV BODY PH NOTICED . . DATE OF FINAL ACTION:| 1011/99 CITY COUNCIL:, ,TKT"144' REMARKS~ PZ: BOA: CLOSED:~1212Â£19: BY:| -3 , l,~ UC~ DRAC: PLAT SUBMITD: ~ PLAT (BK,PG):| ADMIN: Memorandum . VI' b To: Mayor and City Council Thru: Amy Margerum, City Manager,*L / \J From: Julie Ann Woods, Community Development Director Date: September 13. 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 o f 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. Lot 3 and Lot 5 in September of 1998. These projects are currently in the review process with the Planning and Zoning Commission and will soon be before City Council. In that the review process has taken longer than anticipated (partially due to the applicant' s time in repsonding 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. 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 bu January 1, 2000, and that now appears unattainable. staff recommends shifting all the other deadlines in the agreement by one year as well. The Planning and Zoning Commission also recommends that the City Council extend the demolition deadline and utilize the building for housing this winter 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 o f tax revenue which will occur due to the period o f construction for the Grand Aspen site. Recommendation: Staff recommends that the proposed ordinance be adopted on first reading and a public hearing set for second reading. Proposed Motion: Staff recommends the following motion: "I move to approve Ordinance No~Series of 1999, amending Section M ofthe First Amended and Restated Planned Unit Development/Subdivision Agreement for the Aspen Mountain Subdivision." City Manager Comments: Attachments: Ordinance No. 8, Series of 1999 Exhibit 1 --Applicant' s Petition Exhibit 2--Amendment document .. PUBLIC NOTICE RE: TEMPORARY USE FOR AFFORDABLE HOUSING AND AMENDMENT TO SECTION A2 OF THE PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE ASPEN MOUNTAIN PUD-- 2 ND READING NOTICE IS HEREBY GIVEN that a public hearing will be held on September 27, 1999 at a meeting to begin at 5:00 P.M. before the Aspen City Council, Council Chambers, City Hall 130 South Galena, Aspen, to consider an application submitted by Savanah Limited Partnership requesting an amendment to the Aspen Mountain Planned Unit Development, Section A.2, pertaining to the required demolition ofthe Grand Aspen Hotel by October 1,1999. In addition, a Temporary Use Approval is requested. The specific request is to extend the start of demolition to September 1, 2000 in order to allow the facility to be used as affordable housing on a temporary basis. The Grand Aspen is located at 515 S. Galena St., and is described as Lot 5, Aspen Mountain PUD, City and Townsite of Aspen. For further information contact Julie Ann Woods at the Aspen /Pitkin Community Development Department, 130 South Galena St., Aspen, CO (970) 920-5090. S/Rachel E. Richards, Mayor Aspen City Council Published in the Aspen Times on September 10,1999 City of Aspen Account g..Â¤. . /9 .i Revised 3/24/91 SCHEDUI E 9 UPDA, E Re.litentlat .1.1 loduc Ihilt Verification ASPEN HTN NUMBER oF 'INI 1$ SUBDIVISH DEHOL- DA1E REMAIN- UNIVS 10 DE EXPIRATION Â£ PROJECT 101 NO. IEGAL / ADDRESS 19!AL 1Â§!1{L PEHO'd _1Ng_ Bt!19!!Â§!RUCIED RECONSIBUCI IC Râ€¢,Identlit until: A. Blue fpruce lodge, North 1 lot, A-D, Block 84, Town,lte 2 2 or/01/85 0 lot ]15 Seâ€¢ Not. 3 Wing (301 fâ€¢,t Durant Avenue) B. North A,pen Inn Apertment, 1 lots 7 1 8, Block 3, Connor, 6 6 07/01/85 0 lot 115 See Note 3 Addition (711 South Hill Stlect) ~ 3 1 lot, 11 1 12, Block 3, Connorâ€¢Â· 1 1 04/15/85 0 Lot 315 See Note Addition (300 East Juanita St.) 1320 Eâ€¢,t Juanita Street) 1 1 04/15/85 0 Lot 315 Seâ€¢ Note 3 C. Hltlild, lodge 61 Lote A & 8, Block 91, Townslte 14 14 10/15/90 0 lot 3&5 s" Note 2 (401 fâ€¢â€¢t Durant Avent,â‚¬) D. lownplaci 61 tot C, Block 91, lownâ€¢110 4 4 10/15/90 0 10,315 seâ€¢ Not, 2 (409 Eâ€¢â€¢t Durant Avenue) E. Chi.0 61 lot, D through 1, Block 91, 2 2 10/15/90 0 Lot 315 seâ€¢ Hotâ€¢ 1 lown,lt. (415 Es,t Di,ran, Avenue) F. Paa, 5 Lot K, Block 91, rown,lic 2 2 04/15/85 0 tot 315 Se' Note J (602 South Hlt' Strict) G. Melvltle #2 5 Lotâ€¢ 17 1 18, Block 2, De.ne. 1 1 04/15/85 0 lot 3 2, 5 See Noti Addition (680 S. Hill Street) H. Black 3 lot. 3,415, Capitol HIll 2 - -- 2 lot 315 S~131 e Addition (918 S. Hlit Street) 1. Summit Place 2 2 2 lot 2 S.' Note J. Prevlousty Demollohed: 700 Gaten, 4 lots 18 1 17, Anthony Acre, 3 3 Recon:tructed 0 Lot ]15 Sâ€¢â€¢ Noti (/00 South Galena Stlect) a, 4-ple* with 4 6M0S units Snowch.se 3 Lot, 16 1 170'Caplt.1 lilli Addn. 1 1 06/81 0 Lot 3 or 5 See Note 3 Lot 21, Capitol lilli Addition Pre 1981 0 lot 3 or 5 See Note 4! d 4 1- //,-I- .. ASPEN MTN NUMBER OF UNITS SUBDIVISM DEHOL- DA1E REMAIN- UNITS TO IE EXPIRATION I PROJECT .1QI_HOL-- 1 FGAI / ADDRES$ 19!AL 1 Â§11{9_ .9/tle-Ld. -iNn-- REEQHil'RUC VIR BE CONS I RUE!1! Lodge Uniti: A. Itue Spruce Lodge, Worth 1 Lots A through D, atock 84, 15 15 07/03/85 0 Lot 1 se. Motâ€¢ 2 WIng lown,lte (303 East Durant Ave.) 1. A,pen Inn 1 lot 6, Ilock 1, Connor, Addition 65 65 04/10/85 0 Lot 1 Sâ€¢â€¢ Note 2 Lotâ€¢ 1-3, Dion'I Addn & lot. 1-6, Block 3, Connor, Addition 07/03/85 (611 South Hill Street) /Â· 2 C, Contentlat 5 toti L-S, Block 91, Town,lte L 178 19 159 Lot 115 Se. Notâ€¢ Lot, 1-1, Block 1, Anthony Acres Addn (515 East Dean Street) D. Prâ€¢vlouity Demollâ€¢hâ€¢di Blue :pruce Lodge, South 1 tot, 1-5, Block 2, Connor, Addn. -11- .lt 07/03/857 0 Lot 1 See Note 2 Wing (300 East I.wn Str..t) 275 116 139 . C MQI-ill 1 lot 6 1. the proposed lot for the park to bâ€¢ subdlvlded from Lot 5. 2 purâ€¢uant to Hunlclpat Code Section 24-11.2(â€¢). thâ€¢ owner has the right foltowing their demotltion. to recon,truct within the Aspen Mountain Ptl the verified total within flve (5) yeari of the date of demotltlon. 3 Thâ€¢ owner ohâ€¢tl have a one-yâ€¢â€¢r period for recon,tructlon of the 18 previously demoll,hed reoldentlit unlti, commencing on th, dite of demolltl permit for demolltion of Grand Aipen Hotel on Lot 5. ctc/dm.,chedg , . . .. 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 da,0 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 ciarifying the requested daIeS 0 f extension and the reasons necessitating said extensions; and WHEREAS. hearings were conducted before the City Council on April 13th and May Ilth. 1998. during which Savannah successfully demonstrated thai the reasons necessitating extensions in the existing consnuction schedule deadlines were beyond iIS control; and WHEREAS. Section M of the PUD Agreement authorizes extension of the time periods for construction schedules upon a proper showing; WHEREAS. Section O(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 ofthe mutual covenants as contined 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 .. on June 10, 1991 (recorded in Book 654 at Page 418 in the records o f the Pitkin County Recorder), are amended to provide as follows: Emm In Application to be submitted for Top of Mill (Lot 3). HOIel Phase II (Lot 5), and Bavarian Inn* [new] 9/15/1998 Demolition permit for Lot 5 Grand Aspen HOIel 10/1/99 10/1/1999 [same as per Grd. 4,1998] Building permit issuance for all required affordable housing, including the Bavarian Inn, and approval of any proposed public infrastructure Top of>Iill (Lor 3) 10/1/95 4/1/2000 Building permit issuance Hotel Phase II (Lot 5) 10/1/96 4/1/2000 Cer[ificate of Occupancy for all required affordable housing, including redevelopment of the Bavarian Inn. and acceptance of public infrastructure - Top of Mill (Lot 3) 10/1/97 10/1/2001 Certificate of occupancy Hotel Phase II (Lot 5) 6/1/98 11/1/2002 *Note: Bavarian Inn application shall be consistent with the 1990 ballot language and representations made by the applicant at the time of the election. 2. Section L 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 PUI) 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 Â·City of Aspen attached hereto as Exhibit "1" and incorporated hereiri, that was issued in response to Savanahs 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 Recorders office. IN WITNESS WHEREOF. the parties have hereunto set their signatures on the day and year as first wrinen above. THE CITY OF ASPEN a.r %44- i?--0-NE- k*yor ATTEST: -JAW,u~ Kathryn S. I*ch, City Clerk APPROVED AS TO FORM: /9111,j tatzÂ» - tig<-Attofhey .. STATE OF COLORADO ) ) SS. County of Pitkin ) The foregoing instrument was acknowledged before me this ~ day of 3 ul~ ' 1998, by 3Â£**â€¢4 6 13,4Ek) AJE-1- as Mayor and Kathryn S. Koch, City Clerk, of the City ofAspen, Colorado. WITNESS MY HAND AND OFFICIAL SEAL SYPUB My commission expires: 41 1 9.1 49 #T-11 _ tt,zUMJ#} -4~r k-i-' 1 No200 Public u f3O 42'141* Address L.Â·u.F-, CLO 8/6// SAVANAH LIMITED PARTNERSHIP By: APPROVED AS TO FORM: Attorney of Savanah Limited Partnership Â· STATE OF COLORADO ) ) SS. County of Pill<.in ) The foregoing instrument was acknowledged before me this day of ,1998, by WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Notary Public Address .. - SENT. BY:SAVANAH LTD PARTNER ; 9- 9-98 ; 4:48PM ; 3035254387- 310 229 2929:# 5 STATE OF COLORADO ) County of Pitkin ) The foregoing instrument was acknowledged before me this ~ day of 3 ull , 1993, by JÂ©â€¢*,4 6 gekl â€¢.3 Slt as Mayor and Kathryn S. Koch, City Clerk of the City of Aspen, Colorado. WITNESS MY HAND AND OFFICIAL SEAL ,f~Ghk ,&7'---,A . My commission expires: 4~ /9.6/49 .1 -0- 1. ~pda' *14/7/ AUresa - 71 6,1.02 BA 21611 SAVANAH UMITED PARTNERSHIP ~ By: / F n..n 30<- 14~.c,_A APPROVED AS TO FORM: 4- E-4 ' Attorney cf Savar|27 Limited Partn=ship BUU CLMEDO -1 STATE OF COLORADO ) Comm, 1 11;91 47 ,â€¢70 Mul: -c,tic- 4 ~ SS' J. 0.....1 12 C.-7141.-t + County of Pitkin ) - -. . --- The foregoing insuument was acknowledged before me this Id" day of CeeÂ»eâ‚¬Â£.t 1958, by *Â·1Â»1400- A.S . 0,Â¢l..,r,J, pe.Es:ac>e-AJI op Af>EN t:NTelz Fej SE-& bkITEArâ€¢iALOAWn- IhIC -0 WITNESS MY HAND AND OFFICIAL SEAL Â®ENâ‚¬,28-1- F *04-â€¢4242. My commission expires: JUL.V 64 Zoo 2 42-Z/~ St--e-L Notary Public Address 41- - - - VC 1 16:uk-W ly A: R 7 277 n T 7 .0. TC:tâ€¢T AR/27/70 . . Exhibit 1 ORDINANCE NO. 8 . (Series of 1998) AN ORDNANCE RATIFYING AND APPROVING AMENDMENTS TO SECTION L AND SECTION M OF THE FIRST AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE ASPEN MOUNT.AIN 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, seeldng an unspecified extension in rhe construction schedule go*eming 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 dams of extension. and providing a rationale and justification for the requested Section M amendment: and WHEREAS. the public inter'est requires that an appropriate replacement development be constnlcted 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 ro 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: EgligILL The following amendment to the First Amended and Restated Planned Unit Development/Subdivision Agreement for the Aspen Â¥ountain 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: M A /F A / -uk-f- b Lu lt- LA' 4- 9,-tâ€¢-3 -lk- ~ ~ knA i L 84 --21_- PAA* -, A---â‚¬~ c.7 _ SibrAW : 9 t2.k~A--e-4 UU r 0 -0 - /1 /1 -- - A.-4-4-. B /lÂ«--* V li A- 364 Â£95 ut-)53 ir # 41 Aetk L ) 1- 1-0 ,~ (*7~ 'ta AÂ».. A-2,~24 (417 26 /9.4; Ld- ft-c_ Â£,~4 4 UlÂ» rÂ»*--ct D 097 to A-2, 4 6 C d Â« ck 23 jk-i-w~ p e,..= .c-Â«_- Zil (L A 5 3 00 0-0,1 0- - .7'l-gh 6/7 U/C. 0 93 11 0,3, THE CITY OF AsPEN MEMO FROM JOHN P. WORCESTER CITY ATTORNEY Â£ . 3,~4_ A A m-9 4-4 - -<, 4-j Ji L.tA 1 2. a,Â«Â·,-,9 UÂ« - 5- )<5 22'9ty Ay*lwÂ·â€¢k i gÂ«Zi'*-4.- cy y / gb lo uÂ« -fr262,3 &00 1 0 6913, ~, ~*1 Â£~X- ~~ 6L.E.-I *11 1 - /Â§,-Â« 1 30 3-jÂ« 1 - 3I l2416,3 (ir 14~01 ' :4ew /7 5+17 130 SOUTH GALENA STREET ASPEN, COLORADO 81611 1 1 0-92 (rw k,0 U. 1 UO -9 1073 4 ' -1-,-no-~ 6- 7,9 rul Arg' d 2 Â·Â¥rÂ·-~ 9 0 9 4,1.9- Ii' 0'7 f 4- t,uqoJ -'4A L--,-wuori . V >R -K) )-tÂ· U) -0*-9//01 r '12 C.17 -0 47 -U' .92*2 90- I.Â»c (~p v-v .. - r 1794 -44 -4 4# ' 1 - -7- I Â·-4-vN/ 14= -cg--s-en ra-Â·AJ ' ~*(*fil 1 99 897/ *Tr C./~)~243 r 4.-l v> Atint 9*4 4 H w 97â‚¬ i Â°3 1 Q } , E.)-C jo Â«*97.9 *47 9 -_j ..