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HomeMy WebLinkAboutresolution.council.011-88 RESOLUTION NO. JI (Series of 1988) A RESOLUTION AUTHORIZING THE ASPEN MOUNTAIN PUD PROJECT TO PROCEED THROUGH THE PUD PROCESS FOR THE PURPOSE OF PROCESSING AMENDMENTS THERETO ON THE CONDITIONS SET FORTH HEREIN. WHEREAS, at a regularly scheduled meeting held on April II, 1988, and adjourned and continued sessions thereof held on April 18, April 20, April 27, and May 5, 1988, the City Council did consider issues pertaining to amendments of the Aspen Mountain Lodge Project as described in and governed by that Planned unit Development Subdivision Agreement between the City of Aspen and John H. Roberts, dated December 5, 1985, applied for by the apparent successor in interest to said John H. Roberts, Savanah Limited Partnership (hereinafter the "applicant"); and WHEREAS, in the course of considering the proposed amendments and related events, certain disputes have arisen between the City and the applicant; and WHEREAS, at the aforementioned meetings the applicant and its representatives, in an effort to induce the City Council to authorize the applicant to process proposed amendments to the Aspen Mountain Lodge Project, communicated with the City Council and made specific representations , commitments and agreements concerning parameters for the project including, but not limited to, the following: 1. Phase I - the right to build up to 292 hotel rooms, 0 residential rooms, no more than 190,000 square feet of countable Floor Area Ratio (FAR). 2. Phase II - maximum of 50 hotel rooms, residential units as set forth in item "6" below, no more than 115,000 square feet of countable floor area ratio, exclusive of the floor area that might be built on the park on Lot 5. 3. Heights and building configuration to be generally as represented in drawings submitted during the hearing process which are to be submitted to the Planning Office for reference purposes. Maj or changes include the removal of all but the first floor from an 86-foot section of the building on Mill street, the shortening of the elevation along Mill street to be approximately 40 feet from the south property line, the transfer of approximately 30 lodge units into the Blue Spruce site and the lowering of the height along Mill Street. 4. Block bounded by Durant, Mill, Dean and Galena Streets to be permanently deed restricted to open space and an accessory structure (or structures) to service an ice rink and other outdoor facilities to be operated and maintained at the expense of the applicant. 5. The previously approved "Roberts design" for Phase I and Phase II will not be built as approved by the aforementioned PUD/Subdi vision Agreement dated December 5, 1985, and the applicant will continue to process amendments to Phases I and II which will not exceed any of the limitations herein. -2- 6. Regarding Residential units: a. There will be no more than 47 residential units developed on Top of Mill (i. e. Lot 3) and Phase II (i.e. Lot 5) sites. b. The applicant will not request GMP allotments to ever increase the size of either project in the future. c. The applicant will build the facilities on the "park" in front of Phase II and will operate same. These facilities will be ready for use at the same time as will Phase I, and details concerning the design, construction and operation of these facilities will be approved during the review of the proposed amendments to Phase I. 7. The remaining aspects of the PUD, including but not limited to employee housing as applicable to Phase I and Phase II, are to be resolved during the amendment process. 8. Any hotel project submitted by the applicant regarding the Aspen Mountain PUD shall not expand in size or development beyond the above referred parameters, and WHEREAS, based on applicant's representations, commitments and agreements, and induced thereby, the City Council desires to authorize the applicant to process proposed amendments through the PUD process for a period not to exceed one hundred and twenty-two (122) days from the date of this Resolution, -3- specifically. September 12, 1988, to obtain final approval for the proposed amendments by the city council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 The city Council does hereby authorize the applicant to process the proposed amendments to the Aspen Mountain Lodge proj ect through the PUD process for a period not to exceed one hundred twenty-two (122) days, specifically September 12, 1988, on the condition that applicant abides by its representations, commi tments and agreements as announced at the aforementioned City Council proceedings, which proceedings are incorporated herein and made a part hereof by this reference, including but not limited to the following: 1. Phase I - the right to build up to 292 hotel rooms, 0 residential rooms, no more than 190,000 square feet of countable floor area. 2. Phase II - maximum of 50 hotel rooms and residential units as set forth in item "6" below, no more than 115,000 square feet of countable floor area ratio, exclusive of the floor area that might be built on the park on Lot 5. 3. Heights and building configuration to be generally as represented in drawings submitted during the hearing process which are to be submitted to the Planning Office for reference purposes. Maj or changes include the removal of all but the first floor from an 86-foot section of the -4- building on Mill Street, the shortening of the elevation along Mill street to be approximately 40 feet from the south property line, the transfer of approximately 30 lodge units into the Blue Spruce site, and the lowering of the height along Mill Street. 4. Block bounded by Durant, Mill, Dean and Galena Streets to be permanently deed restricted to open space and an accessory structure (or structures) to service an ice rink and other outdoor facilities to be operated and maintained at the expense of the applicant. 5. The previously approved "Roberts Design" for Phase I and Phase II will not be built as approved by the aforementioned PUD/Subdivision Agreement dated December 5, 1985, and the applicant will continue to pursue amendments to Phase I and Phase II which will not exceed any of the limitations herein. Further, applicant will not proceed to obtain or expect from the City additional permits for Phase I or Phase II until such time as the City Council has granted final approval of amendments meeting the limitations set forth in this Resolution. 6. Regarding Residential Units: a. There will be no more than 47 residential units developed on Top of Mill (i. e. Lot 3) and Phase II (i.e. Lot 5) sites. b. The applicant will not request GMP allotments to ever increase the size of either project in the future. -5- c. The applicant will build the facilities on the "park" in front of Phase II and will operate same. These facilities will be ready for use at the same time as will Phase I, and details concerning the design, construction and operation of these facilities will be approved during the review of the proposed amendments to Phase I. 7. The remaining aspects of the PUD, including but not limited to employee housing, are to be resolved during the amendment process. 8. Any hotel project submitted by the applicant regarding the Aspen Mountain PUD shall not expand in size or development beyond the above parameters. section 2 The applicant may, at its own risk and subject to the foregoing, excavate in accordance with the excavation permit issued by the City of Aspen Building Inspector on April 15, 1988, provided that the applicant comply with all financial assurances with regard to excavation as set forth in those escrow instructions dated as of April 14, 1988, between the applicant and the Finance Department of the City of Aspen, which instructions are incorporated herein by this reference. Section 3 Based on the aforementioned representations, commitments, and agreements made on behalf of applicant, the applicant is -6- hereby authorized to process amendments and submit plans sufficient for the issuance of a building permit for the 700 South Galena Street portion of the project, for a period not to exceed thirty (30) days from March 1, 1988, specifically, March 31, 1988. section 4 The authorization granted by this Resolution shall only take effect after this Resolution and the terms and conditions set forth herein are acknowledged by the applicant in the space provided below, and after all lienholders on the subject parcel have likewise acknowledged and agreed to the terms of this Resolution. Further, the provisions hereof shall run with and constitute a burden upon the title to the subject property and shall be binding upon and inure to the benefit of the applicant and applicant's, representatives, successors and assigns. l.- -~~ , 1988. Dated: is acknowl~dged and Savanah Lim1ted Partnership. S Mohamed Hadid, President NOTARY ON FOLLOWING PAGE -7- COUNTY OF FAIR. rl-..'~ STATE OF V 1R.0t IN' A SSe -- The foregoing instrument was a ~~. County, State of day of May, 1988 by ~~ . Limi ed Partnership. My commission eXPires:~~ S, l1~\ Witness my hand and seal. before ~_ "A--~ Notary Publ c -8- I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held j; ..:' Z (/ " ,/ .. , , 1988. K:{~~l~~Ch/c!t/ {jrk CONSENT OF MORTGAGEE Marlac Investment, Inc., a Delaware corporation, the beneficiary of a deed of trust recorded in Book 549 of Pages 371, et seq of the Pitkin County, Colorado real property records encumbering inter alia, Lots 1, 2, 3, 4 and 5 of the Aspen Mountain Subdivision according to the plat thereof recorded in Plat Book 17 at Pages 99, et seq of the aforesaid records, hereby consents to the terms of the within and foregoing resolution. Marlac Investments, Inc., a Delaware Corporation //---- j { ~ .-i.. { -t J i...: _ {;~ By: . .~ .. I I'" (_"'; , NOTARY ON FOLLOWING PAGE -9- COUNTY OF rA\flrf't-~ SSe STATE OF l,J\R.GflNII\- foregoing instrument was ac~~owledged before County, State of V~~~~D-- ~ day of May, 1988, by Dv. tv\.. 'I A(Qu~ M 1~'2A of Marjac Investments, Inc., a Delaware corporation. witness my hand and seal. My commission expires: ~ ~ l4. 't) ~~N~~ -10- me in this