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HomeMy WebLinkAboutresolution.apz.026-03RESOLUTION NO. 26 (SERIES OF 2003) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE THE LITTLE RED SKI HAUS PLANNED UNIT DEVELOPMENT AMENDMENT. SUBDIVISION, AND TIMESHARE APPLICATION ON THE PROPERTY DESCRIBED AS LOT O AND THE WEST HALF OF LOT P, BLOCK 69, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO Parcel No. 2735-124-71-005 WHEREAS, the Community Development Department received an application from LittIe Red Ski Haus LLC. owner, represented by Gouger & Franzmann, LLC. requesting approval of a Planned Unit Development Amendment. Subdivision. and Timeshare to convert the existing Little Red Ski Lodge to a timeshare lodge on the property described as Lot O and the West one-half of Lot P, Block 69, City and Townsite of Aspen: and, WHEREAS, the subject property is located in the Residential Multi-Family (RAVIF) Zone District with a Lodge Preservation (LP) and PUD Overlay; and, WHEREAS, pursuant to Land Use Code Section 26.304.060(B), Combined Reviews. the Community Development Director in consultation with the applicant has concluded that a combined review of the land use requests associated with this application would reduce duplication and ensure economy of time, expense, and clarity; and. WHEREAS, pursuant to Land Use Code Section 26.445. Planned Unit Development; Section 26.480, Subdivision; and, Section 26.590, Timeshare, the City Council may approve, approve with conditions, or deny the land use requests made by the Applicant during a duly noticed public heanng after taking and considering comments from the general public, and recommendations from the Planning and Zoning Commission, Community Development Director, and relevant referral agencies; and, WHEREAS, during a duly noticed public heating on November 4, 2002, the Planning and Zoning Commission reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein and approved this resolution, by a seven to zero (7-0) vote; approving the proposed requests with the conditions of approval contained herein; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW. THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in City of Aspen Land Use Code Section 26.445, Planned Unit Developmem; Section 26.480, Subdivision: and Section 26.590, Timeshare, the Plmming and Zoning Commission hereby recommends that City Council approve a PUD Amendment. Subdivision, and Timeshare request to allow for the Little Red Ski Haus Lodge located at 118 E. Cooper Avenue to convert to a timeshare lodge, with the following conditions: 1. The approved fractional interest breakdown is as follows: Number of Units Description Number of Fractional Number of Weeks Ownership Interests Allocated to Each Available per Unit Fractional Ownership Interest 1 Luxury Suite 16 3 Weeks (Consisting of 2 of the existing lodge rooms) 3 Executive/Family 16 3 Weeks 3 Historic King 16 3 Weeks 3 Standard King 16 3 Weeks 2 Bunk Rooms 16 3 Weeks The City of Aspen Finance Department shall conduct an annual audit of the sales tax revenues that the City collects from the Little Red Ski Haus Lodge over its first five (5) years of operation as a timeshare lodge, to determine if the projected revenues are accurate. The Applicant shall cooperate with the Finance Department in its annual audit efforts. Final Condominium Declarations shall be submitted to the City concurrent with the submission of the Condominium Subdivision Plm and shall include the following language regarding timeshare: Timeshare estates, including the four (4) weeks per m~it that are to be retained by the Applicant. shall be made available for short-term rental when the estate is not in use by the owner of the unit, the owner's guests, or persons occupying the unit under an exchange program. Units that are available for rental shall be listed at competitive rates in a central reservation system. The covenants of the homeowners association shall permit walk-in' rental of units. The association shall not limit rental of units to such arrangements as only weekly rentals or Saturday-to-Saturday rentals; instead the association shall permit shorter stays, split-week rentals, and similar flexible arrangements. Owners of timeshare estates shall be required to reserve their unit/time sufficiently far enough in advance to enable the public to obtain access to those units that are not so reserved. The term "sufficiently" shall be specifically defined as full month (30 days) prior to the first day of the intended stay. The owner of a timeshare estate shall not be permitted to occupy that estate for any period in excess of thirty (30~ consecutive calendar days. The owner of a timeshare estate shall be prohibited from storing a vehicle in a parking space on-site when that owner is not using the estate. The Applicant shall submit all timeshare documents and disclosure statements to the City Attorney for review prior to their recordation at the Pitkin County Clerk and Recorder's Office. 5. Each owner of an estate shall have an undivided interest in the common recreational areas within the facility. The timeshare lodge mzits that remain in the developer's inventory shall be made available for rental to the public while the estates are being sold, except for models and other units that are needed for marketing or promotional purposes. Section 2: All material representations and commitments made by the applicant pursuant ro the development proposal approvals as herein awarded, whether m public hearing or documentation presented before the Planning and Zoning Commission or City Council. are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This resolution shall not effect 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: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a coun of competent jurisdiction, such portion shall be deemed a separate, distinct and independent promsion and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 4th day of November, 2003. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City"Attorney Jasmine Tygre, Chair [ ~) ATTEST: ~?cki-e Lothi~-n, beputy City Clerk