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ORDINANCE #38
(SERIES OF 1999)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING AN
EXTENSION OF THE CONSTRUCTION DEADLINES, INCLUDING THE
DEMOLITION DEADLINE FOR THE "GRAND ASPEN HOTEL" FROM
OCTOBER 1, 1999 TO OCTOBER 1, 2000, THEREBY AMENDING
SECTION M AMENDMENT TO THE FIRST AMENDED AND RESTATED
PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE
ASPEN MOUNTAIN 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, which included a demolition deadline for the
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Grand Aspen Hotel, and
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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, with the most recent extension of the demolition deadline
being from October I, 1998 to October 1,1999 (pursuant to Ordinance 4, Series of
1998), and
WHEREAS, the applicant, Savanah Limited Liability Partnership, has requested
by a petition dated September 8, 1999, that the demolition deadline for the Grand Aspen
Hotel be extended from October 1, 1999 to October 1,2000, and
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WHEREAS, Savanah has provided in said petition a rationale and justification
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for the requested Section M amendment, and
WHEREAS, the applicant has requested to extend the demolition deadline to
October I, 2000, in order to facilitate student housing for the Music Associates and
for Aspen Skiing Company, and
WHEREAS, the applicant has submitted a "conceptual PUD development plan!
subdivision application" for the Grand Aspen site and the Top of Mill (which received
conceptual approval at the Aspen Planning and Zoning Commission on September 7,
1999), and
WHEREAS, the Aspen Planning and Zoning Commission by resolution
recommended extension of the demolition deadline, finding that the use of the Grand
Aspen for affordable housing to be in the best interests of the community, and
WHEREAS, because of the length of the PUD review process and the necessity
of extensive public review (a circumstance beyond the control of the applicant), City
Council finds it appropriate to extend demolition and other development deadlines, and
WHEREAS, Council having reviewed the Memorandum of City Manager Amy
Margerum regarding the "Extension of Deadline for the Demolition of the Grand
Aspen Hotel," and having considered the best interests of the community concerning the
extension does hereby wish to grant an extension from October I, 1999 to October I,
2000,and
WHEREAS, the City Council has declared an emergency in accordance with Section
4.1 I ofthe City of Aspen Charter, and
r"', WHEREAS, the City Council finds that this ordinance furthers and is necessary for
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the public health, safety, and welfare, and
WHEREAS, the current Section M approvals will expire on October 1, 1999, arsent
this emergency ordinance, which will provide housing for Aspen workers and music
students, satisfying the requirement that the ordinance be 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 grant an extension of the deadline for complete
1"'""'. demolition of the Grand Aspen Hotel from October 1,1999 to October 1,2000,
thereby amending the Section M Amendment to the First Amended and Restated
Planned Unit Development/Subdivision Agreement for the Aspen MOllntain Subdivision,
as amended, with the following conditions:
1. This extension is not an extension of vested rights status.
2. 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.
3. The following operational schedule shall apply for the Grand Aspen Hotel:
The rooms and common areas may only be rented to facilitate student housing for the
Music Associates, to facilitate ski season employee housing for the Aspen Skiing
Company, to facilitate Savanah employee housing, and to continue the existing Maxfields
restaurant and bar and the Hair Salon uses.
Final Demolition Permit and Demolition: October I, 2000.
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4. Savannah's 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, arid March 1998 are further amended to provide as follows:
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From To
Demolition permit for Lot 5, Grand Aspen Hotel 10/1/1999 10/1/2000
Building permit issuance for all required 4/1/2000 4/1/2001
affordable housing, including the Bavarian Inn,
and approval of any proposed public
infrastructure, Top of Mill (Lot 3)
Building permit issuance, Hotel Phase II (Lot 5) 4/1/2000 4/1/2001
Certificate of Occupancy for all required 1011/2001 1011/2002
affordable housing, including redevelopment of
the Bavarian Inn, and acceptance of public
infrastructure, Top of Mill (Lot 3)
Certificate of Occupancy, Hotel Phase II (Lot 5) 11/1/2002 11/1/2003
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Section 2:
Ifany section, subsection, sentence, clause, phrase or portion of 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:
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A public hearing on the Ordinance shall be held on the 27th day of September, 1999,
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
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shall be published once in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, b
the City Council of the City of Aspen on the 13th day of September, 1999.
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~'ATTEST:"> _
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FINALLY adopted, passed, and approved this 27th day of September, 1999.
"ATTEST~'
G:/planninglaspen/ords/ord3899.doc
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