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HomeMy WebLinkAboutordinance.council.033-95 ORDINANCE 33 (SERIES OF 1995) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING ANEXTENSION OF THE DEMOLITION DEADLINE FOR THE GRAND ASPEN HOTEL FROM OCTOBER 1, 1995 TO OCTOBER 1~ 1998t ANBNDING SECTION M AMENDMENT TO THE FIRST AMENDEDANDRESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMBNT FOR THE ASPEN MOUNTAIN SUBDIVISION, ASPEN COLOR~DO. 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; and WHEREAS, the applicant, Savannah Limited Liability Partnership, requested to extend the demolition deadline for the Grand Aspen Hotel from October t, 1995 to May 1, 1998; and WHEREAS, in order to facilitate student housing for the Music Associates, the applicant requests to extend demolition through the summer of 1998; and WHEREAS, the applicant intends to submit a conceptual PUD development application for the remainder of the Aspen Mountain Subdivision which includes the redevelopment of the Grand Aspen Hotel site and requests an extension of the Hotel demolition i~0 deadline to more accurately reflect the redevelopment schedule; and 1 WHEREAS, the Planning staff has reviewed the extension request and recommended to Council approval; and WHEREAS, Council, having reviewed the material, considered public input and the applicant's application, remanded the request to a working group of Aspen citizens to develop a reasonable demolition extension that was a benefit to the community; and WHEREAS, the group was comprised of interested Aspen residents, small lodge owners, Savannah Limited employees, Grand Aspen employees, and Music Associates employees; and WHEREAS, the group, by consensus, developed an operational schedule for the hotel, as conditions for an extension demolition; and WHEREAS, Council having considered the working group's recommendation for the extension does wish to grant an extension from October 1, 1995 to October 1, 1998. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: City Council does hereby grant an extension of deadline for complete demolition of the Grand Aspen Hotel from October 1, 1995 to October 1, 1998 thereby amending the Section M Amendment to the First Amended and Restated Planned Unit Development/Subdivision Agreement for the Aspen Mountain Subdivision with the following conditions: 1. This extension is not an extension of vested rights status. 2. Savanah Limited Partnership shall take all steps reasonable and necessary to enforce all deed restrictions placed on the Alpina Haus and the Copper Horse properties to ensure that Savanah has complied with their employee mitigation requirements of the Aspen Mountain Subdivision/PUD Agreement. 3. Savanah shall provide parking spaces on the Grand Aspen site to comply with the Aspen Mountain Subdivision/PUD Agreement. Sa!id spaces shall be appropriately marked to the satisfaction of the Community Development Director. Failure to provide the spaces by October 1, 1995, shall render this extension void. 4. 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. 5. The following operational schedule shall apply for the Grand Aspen Hotel: Winter 95/96 - 75 rooms rented without restriction; 75 rooms rented to groups only, group size must ~e a 20 room minimum*; * Grand Aspen may keep current Christmas bookings (December 21 to January 4 that have be!en reserved as of September 14, 1995, 5:00 pm a!nd confirmed by September 29 by 5:00 pm (reservation information must be faxed Community Development Department to confirm Christmas bookings). Ail S%u~mers - 1996-1998 - 50 rooms without restriction; 100 rooms rented as either music student housing or Savannah employee housing (minimum 75 rooms for music students)° Winters 96/9? & 97/98 - 50 rooms without restriction; 38 rooms for Savannah employees only; 62 rooms for groups (20 room minimum group size). Closed - 12- 13 weeks each year during off season. Summer = Memorial Day weekend through September 30. Winter = day before Thanksgiving to scheduled lift closing. Final Demolition Permit and Demolition = October 1, 1998 6. A verification system to confirm compliance with the operation schedule shall be developed by members of the "working group" within 30 days of this approval. The verification system shall ibe approved by City Council. 7. Failure to comply with conditions of approval of the operation restrictions of the Hotel shall cause closure of the Hotel within 10 days of written notice by the City Attorney's office. Section 2: If any section, subsection, sentence, clause, phrase or portioniof 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 publ~ hearing on the Ordinance shall be held on the c~ day of~995 at 5:00 P.M. in the City Council Chambers, Aspen City H~a~l, ~pen Colorado, fifteen (15) days prior to which hearing a publ£c no~ice of the same shall be published one in a newspaper of general circulation within the city of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the Cit~.y Council of the City of Aspen on the ~ day of Johh Bennett, Mayor FINALLY, adopted, passed and approved this =~-~ day of .~~3~ 1995. John Bennett, Mayor 4