HomeMy WebLinkAboutordinance.council.009-04 0?/02/2004 09:301:1
SILVIA DAVIS PITKIN COUNTY CO R 16.0~ O 0.0~
ORDINANCE No. 9
(SEINES OF 2004)
AN ORDINANCE OFTHE ASPEN CiTYCOUNCIL~'AMENDiNGT~E SECTiO~ M
AMENDMENT TO THE FIRST AMENDED AND ~STATEDPILAN~D'i~NiT
DEVELOPMENT/SUBDIVISION AGREEMENT FOR'T~ ASPEN MOiJNTAIN
SUBDIVISION, ASPEN, COLORADO.
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 (Lots 3 and Lot 5); and,
WHEREAS, the Agreement has been amended several times as the construction
schedule has been adjusted, (most recently pursuant to Ordinance # 8, Series of 1998, Ordinance
#38, Series of 1999, Ordinance #53, Series of 2000, and Ordinance #15, series of 2002); and,
WHEREAS, Four peaks Development, LLC submitted a written request to the
Community Development Director for City Council action pursuant to Section M of the First
Amended and Restated Planned Unit Development/Subdivision Agreement ("PUD Agreement")
for the Aspen Mountain Subdivision, seeking language modifications; and,
WHEREAS, Four Peaks Development has provided in said petitions a rationale and
justification for the requested Section M amendments; and,
WHEREAS, the City of Aspen City Council, by a vote of five to zero (5 - 0), approves
an amendment to the Section M Amendments of the First Amended and Restated Planned Unit
Development/Subdivision Agreement ("PUD Agreement") for the Aspen Mountain Subdivision,
amending the Section M Amendment language as requested; and,
WHEREAS, the City Council finds that this ordinance furthers and is necessary for the
public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1:
The Aspen City Council does hereby mnend the construction schedule deadlines as set forth in
Section A.2 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, March 1998, September, 1999, December 2000, and June 2002 to provide as
follows:
1. Lot 5, Grand Aspen Hotel site
Page: 2 of 3
07/02/2004 09:301~
SILVIA DAVIS PITKIN COUNTY CO R 16.00 D 0.00
a)
Building Permit Application Submission: Within one hundred and eighty (180) days
after recordation of all final Aspen Mountain PUD documents. Submission before
recordation is allowed.
b)
Certificate of Occupancy: Within thirty (30) months after commencement of
construction, but no sooner than the receipt of a certificate of occupancy for Phase 1 of
the Bavarian Inn affordable housing project and a certificate of occupancy for the parcel
2 affordable housing units on Lot 2, Top of Mill. A certificate of occupancy will be
issued upon satisfaction of the Chief Building Official.
2. Lot 3, Top of Mill
Permit Applications for Infrastructure and Removal of Fill Material:
Submit application(s) within thirty (30) days after recordation of all final Aspen
Mountain PUD documents. Submission before recordation is allowed.
b)
Building Permit Applications for Parcels 3, 4, 5, 6, 7, and 8:
At owner's discretion, but no sooner than the issuance of a building permit for Phase 1
of the Bavarian Inn affordable housing project.
c)
Final Inspection for the Parcel 1 Multi-Family Free Market Units:
No sooner than a receipt of certificate of occupancy for both phases of the Bavarian Inn
Affordable Housing PUD project.
d)
Final Inspection for the Free Market Units on Parcels 3, 4, 5, 6, 7 and 8:
No sooner than the receipt of a certificate of occupancy for an on-site accessory
dwelling unit or upon the payment of the applicable affordable housing impact fee.
Section 2:
The amendments as provided in Section 1 of this ordinance shall be reflected in a written
amendment document approved by the City Attorney between the City of Aspen and Four Peaks
Development which shall be executed and filed in the records of the Pitkin County Clerk and
Recorder's Office.
Section 3:
If any section, subsection, sentence, clause, phrase or portion of thi~ 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.
2
SILVIA DAVIS PITKIN COUNTY CO R 16.00 D 0.00
Section 4:
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 5:
A public hearing on the ordinance shall bc held on thc 12th day of April, 2004, at 5:00 p.m. in
the City Council Chambers; Aspen City Hall, 130 South Galena, Aspen, Colorado. Fifteen (15)
days prior to said hearing a public notice of the same shall bc published once in a newspaper of
general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 22nd day of March, 2004.
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
Clerk
adopted, passed, and approved this 12th day of April, 2004.
I-~le~ ~Jin,/l~a[~l~rud, Mayor