HomeMy WebLinkAboutordinance.council.030-04 Page: 1 o¢ 15
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Ordinance~N o. 30
(SERIES OF 2004)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING FINAL PLANNED UNIT DEVELOPMENT,
GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS,
SUBDIVISION, CONDOMINIUMIZATION, TIMESHARE, AN AMENDMENT
TO THE OFFICIAL ZONING MAP, AND ACCEPTING A DEDICATION OF
LAND FOR PUBLIC-RIGHT-WAY IMPROVEMENTS FOR THE RESIDENCES
AT LITTLE NELL, LOCATED AT 535 DEAN AVENUE, AND AN
AMENDMENT TO THE LITTLE NELL SPECIALLY PLANNED AREA,
LOCATED AT 675 EAST DURANT AVENUE, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
Parcel ID (Tipple Lodge Parcel): 2737-182-36945
Parcel ID (Tipple Inn Parcel): 2737-182-36291
Parcel ID (Tippler Parcel): 2737-182-96033
Parcel ID (Conservation Parcel): 2737-182-36877
Parcel ID (Aspen Skiing Company Parcel): 2737-182-00080
Parcel ID (Little Nell Hotel Parcel): 2737-182-50102
Parcel ID (Henn Residence): 2737-182-96002
Parcel ID (Anderman Residence): 2737-182-96005
Parcel ID (Jacoby Residen ce): 2737-182-96004
Parcel ID (Westpac Residence): 2737-182-96003
WHEREAS, the Community Development Department received an application
from the Aspen Land Fund, LLC (Applicant), represented by Sunny Vann of Vann
Associates, requesting approval of a Final Planned Unit Development (PUD), Growth
Management Quota System (GMQS) Exemptions, Subdivision, Condominiumization,
Timeshare approval, Special Review, Amendment to the Official Zoning M~p, Special
Planned Area Amendment, 8040 Greenline Review, and a dedication of land to the Dean
Street right-of-way for the Residences at Little Nell Planned Unit Development; and,
WHEREAS, the application submitted for the Residences at Little Nell (plans
dated May 1, 2004) proposes a 108,000 square foot, multi-story structure consisting of 24
timeshare units, 8 hotel rooms, 2 condominium units, 8 affordable housing units,
approximately 8,900 square feet of commercial space, and a 70 space sub-grade parking
garage; and,
WHEREAS, the Community Development Department received referral
comments fi'om the Aspen Consolidated Sanitation District, City Engineering, Building
Department, Fire, Streets, Housing, Environmental Health, Parks and Water Departments
as a result of the Development Review Committee meeting; and,
WHEREAS, said referral agencies and the Aspen Community Development
Department reviewed the Final Planned Unit Development (PUD), Growth Management
Quota System (GMQS) Exemptions, Subdivision, Condominiumization, Timeshare,
City of Aspen Ordinance No. 30,
Series of 2004.
Page 1
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Special Review, Amendment to the Official Zoning Map, Special Planned Area
Amendment, and 8040 Greenline Review and recommended approval with condltions-_.~.,
and,
WHEREAS, pursuant to Section 26.430 of the Land Use Code, Special Review
approval may be granted by the Planning and Zoning Commission at a duly noticed
public hearing after considering recommendations by the Community Development
Director, and relevant referral agencies; and,
VOtEREAS, pursuant to Section 26.435 of the Land Use Code, 8040 Greenline
Review approval may be granted by the Planning and Zoning Commission at a duly
noticed public hearing after considering recommendations by the Community
Development Director, and relevant referral agencies; and,
WHEREAS, pursuant to Section 26.310 of the Land Use Code (Amendment to
the Official Zone District Map, Section 26:440 (Special Planned Area & Amendment),
Section 26.445 (Final Planned Unit Development), Section 26.470 (Growth Management
Quota System Exemptions), Section 26.480 (Subdivision and Condominiumization),
Section 26.590 (Timeshare) approval may be granted by the City Council at a duly
noticed public hearing after considering recommendations by the Planning and Zoning
Commission, the Community Development Director, and relevant referral agencies; and,
WHEREAS, at their regularly scheduled meeting on June 2, 2004, the Aspen /
Pitkin County Housing Authority forwarded a unanimous recommendation of approval
with conditions to City Council to approve the proposed affordable housing mitigation
and replacement units for the Residences at Little Nell; and
WHEREAS, Final Planned Unit Development (PUD), Growth Management
Quota System (GMQS) Exemptions, Subdivision, Condominiumization, Timeshare,
Special Review, Amendment to the Official Zoning Map, Special Planned Area
Amendment, and 8040 Greenline Review by the Plauning and Zoning Commission
requires a public hearing and this application was reviewed at a public hearing where the
recommendations of the Community Development Director and comments from the
public were heard; and,
WHEREAS, the subdivision approval is for the amendment to the Little Nell
Subdivision and adjacent Aspen Skiing Company parcel to create parcels to be conveyed
and become part of Lot #1 Residences at Little Nell Subdivision, a replatting of the
Tipple Woods Subdivision dissolving and replacing all former plats and renm~bering
former Lots 4,' 5, and 6 as new Lots 1, 2, and 3, creation of Lot #1 of the Residences at
Little Nell Subdivision with new easements and boundaries and eliminating all former
internal property boundaries and easements, creation of multi-family units on Lot #1
Residences at Little Nell Subdivision, and creation timeshare estates on Lot #1
Residences at Little Nell Subdivision; and,
WHEREAS, during a regular meeting on August 3, 2004, the Planning and
Zoning Commission opened a duly noticed public hearing to consider the project and
continued the public hearing to August 10, 2004; then continued it to August 17, 2004
where the Planning and Zoning Commission approved the request for Special Revie~v and
City of Aspen Ordinance No. 30,
Series of 2004.
Page 2
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the 8040 Greenline Review and recommended City Council approve the Final Planned
Unit Development (PUD), Growth Management Quota System (GMQS) Exemptions,
Subdivision, Condominiumization, Timeshare, Amendment to the Official Zoning Map,
and Special Planned Area Amendment by a four to zero (4-0) vote, with the findings and
conditions listed hereinafter; and,
WHEREAS, the Aspen City Council has reviewed and considered the application
according to the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Community Development Director, the
Planning and Zoning Commission, and has taken and considered public comment at a
public hearing; and,
WltEREAS, the City Council finds that the apPlication meeting or exceeding all
applicable standards of the land use code of the City Of Aspen Municipal Code and that the
approval of the proposal is consistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the City Council finds that the application for rezoning meets or
exceeds the applicable standards for rezoning, including whether the proposed amendment
is in conflict with any applicable portions of this Title, whether the proposed amendment is
consistent with all elements of the Aspen Area Community Plan, whether the proposed
amendment is compatible with surrounding zone districts and land uses, considering
existing land use and neighborhood characteristics, the effect of the proposed amendment
on traffic generation and road safety, whether and the extent to which the proposed
amendment would result in demands on public facilities, and whether and the extent to
which the proposed amendment would exceed the capacity of such public facilities,
including but not limited to transportation facilities, sewage facilities, water supply, parks,
drainage, schools, and emergency medical facilities, whether and the extent to which the
proposed amendment would result in significantly adverse impacts on the natural
environment, whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen, whether there have been changed conditions
affecting the subject parcel or the surrounding neighborhood which support the proposed
amendment, whether the proposed amendment would be in conflict with the public interest
and whether it is in harmony with the purpose and intent of this Title, staff analysis of these
standards included in Exhibit C of the September 27, 2004, staff memorandum to City
Council, and comments and testimony provided by the public during public hearing; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows:
The Residences at Little Nell project is hereby approved, subject to the conditions of
approval listed' hereinafter.
Section 1: Rezoning
City of Aspen Ordinance No. 30,
Series of 2004.
Page 3
The Official Zone District Map of the City of Aspen shall be, upon filing of the
Subdivision plat and Final PUD Plans, amended by the Community Development
Director to reflect Lot #1 of the Residences at Little Nell as included in the Commercial
Lodge (CL), Conservation (C), and Lodge Tourist Residential (LTR) zone districts, as
depicted in Exhibit A to this Ordinance and to be more precisely delineated on the Zoning
Map of the Final PUD Plans.
Section 2: PrOiect Dimensions
Considering the dimensions of the underlying zone districts of the Residences at Little Nell
property as a guide, the following dimensions of the project are approved and shall be
reflected in the Final PUD Plans:
504168
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City of Aspen Ordinance No. 30,
Series of 2004.
Page 4
Minimum Lot Size
..SILVIA DAVIS PITKIh
Minimum Lot Area per Dwelling
Unit
COUNTY CO
504168
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66,737 Square Feet
No requirement
Maximum Allowable Density No requirement
Timeshare units
Lodge Units
Residential Units
Minimum Lot Width
Minimum
24 units, comprised of 19 three-bedroom units
and 5 four-bedroom units. 16 of the
timeshare units include "lock-off" units for a
total of 40 rentable divisions.
8 units
2 Free-market units. Also see Section 9.
8 Affordable Studio units. Also see Section 8
From Yard Setback
Minimum West Side Yard Setback 0 feet
Minimum East Side Yard Setback 0 feet
Minimum Rear Yard 4 feet
Maximum Site Coverage
Maximum Height
Min. Distance between Buildings
Min. Percent of Open Space
Allowable External Floor Area
Minimum Off-street parking Spaces
206 feet measured along the Dean Avenue
right-of-way.
0 feet
As represented on Final PUD Development
Plan. Reference drawing #9 of application.
As represented in the recorded Final PUD'
Plans .Height Plan. Also see Section 3.
Reference drawing #30 of application. The
recorded Height Plan shall govern over the
application drawings.
No Requirement
0 percent, provided areas outside the building
footprint shall only be developed according to
the Final PUD Development Plan. Reference
drawing #9 of application.
108,000 square feet.
2 short-term spaces within the porte-cochere
70 spaces within the underground parking
garage, Reference drawings # 10 and # 11 of
application.
Section 3: Height Plan
The Final PUD Plans shall include a height Plan depicting the height of the building at
various pOints relative to the lower of existing or proposed grade and relative to a fixed
elevation control point.
Section 4: Multi-Family HoUsing Replacement Program
The Development Order issued commensurate with final approval by City Council shall
constitute a "Certificate of Compliance" in accordance with Chapter 26.530 - Multi-
FamilY H°using Replacement Program.
CitY of Aspen Ordinance No. 30,
Series of 2004.
Page 5
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Section 5: Impact Fees
Park Impact Fees of $58,315.95 shall be assessed. Amendments to the Project or to the
fee schedule adopted prior to issuance of a building permit shall require a new
calculation. The following fee total is based on the current fee schedule:
Park Fees - Proposed Development:
8 Studio affordable housing units ~ $1,520 per unit = $12,160
8 studio lodge units~ $1,520 per unit = $12,160
19 three-bedroom lodge units ~ $3,634 per unit = $69,046
5 four-bedroom lodge units ~ $3,634 per unit = $18,170
2 four-bedroom residential units ~ $3,634 per unit = $7,268
8,900 square feet of Commercial ~ $1,785 per 1,000 s.f. = $15,886.50
Total -- $134,690.50
Park Fees - Credit for Existing Development:
2 Studio residential units~ $1,520 per unit = $3,034
10 studio lodge units~ $1,520 per unit = $15,200
3 one-bedroom units~ $2,120 per unit = $6,360
9 two-bedroom units~ $2,725 per unit = $24,525
1 four-bedroom unit~ $3,634 per unit = $3,634
13,230 square feet of commercial ~ $1,785 per 1,000 s.f. = $23,615.55
Total Credit = ($76,374.55)
Total Park Impact Fee Due = $58,315.95
School Land Dedication Fees are assessed based on one-third the value of the
unimproved land divided by the proposed number of residential units on a per acre basis.
The City of Aspen verifies the unimproved land value of the lands underlying the Project
to be $28,357,900 from information on recent transactions provided by the applicant.
Divided by the 1.55 acres of land area (67,618 square feet), this results in a per acre value
of $18,295,419. One-third of this value divided by the proposed I0 residential units
results in a $609,847 per acre .standard for calculating the impact fee. The subject
subdivision is not conducive to locating a school facility and a cash-in-lieu payment shall
be accepted. School Land Dedication Fees are follows, payable at building permit
issuance:
1/3 land Land Per unit Number
value per Dedication Fee of Units
unit per standard
acre (acres)
Studio/One $609,847 .0012 $731.81 8 $5,854:50
bedroom
Two Bedroom $609,847 .0095 $5,793.55 0 $0
City of Aspen Ordinance No. 30,
Series of 2004.
Page 6
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Three $609,847 .0162 $9,879.52 0 ~0
Bedroom
Four Bedroom $609,847 .0248 $15,124.20 2 $30,248.40
Total: $36,102.90
Amendments to the Project or to the fee schedule adopted prior to issuance of a building
permit shall require a new calculation. The above fee total is based on the current fee
schedule.
· Section 6: Water Department Standards
The applicant shall comply with the City of Aspen Water System Standards, with Title
25, and with applicable standards of Municipal Code Title 8 (Water Conservation and
Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of
Aspen Water Department.
Section 7: sanitation District Standards
The applicant shall Comply with the Aspen Consolidated sanitation District's rules and
regulations. No clear water connections (roof, foundation, perimeter drains) shall be
allowed to ACSD lines. All improvements below grade shall require the uSe of a
pumping station.
Section 8: Affordable Housing
The applicant shall provide affordable housing mitigation for 60 Full-Time Equivalents in
the following manner:
Eight studio rental units to be constructed on site and restricted to Category 2. '
Fifteen units to be provided by the "buy down" of the Obermeyer Resident
Occupied (RO) one-bedroom units. Seven of these units shall be Category 2 and
eight shall be Category 3.
· Eight three-bedroom for-sale units to be constructed at the Aspen Airport Business
Center (AABC), known as the Alpine Grove Condominiums. Three of these units
shall be Category 2 and 5 shall be Category 3.
A Certificate of Occupancy for the Residences at Little Nell shall not be issued until such
time as Certificates of Occupancy for the deed restricted affordable housing units, which are
required for mitigation, have been issued.
The employees to be housed in the deed-restricted units shall meet the qualification criteria
contained within the APCHA Guidelines and the Obermeyer buY2down units shall be
governed by the City Council' approvals for the Obermeyer Place project.
The applicant shall structure a deed restriction for the eight on-site studio rental units such
that 1/10th of 1% of those units are deeded in perpetuity to the APCHA; or the applicant
may propose any other means that that APCHA determines acceptable.
City of Aspen Ordinance No. 30,
Series of 2004.
Page 7
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Employees to be housed in the-~-'-~----~--' - J
deed-restncte~~n~e~tHe m~mmum occup~cy
requirements under the APCHA G~delines. The deed restriction shall be recorded
conc~ently with the recordation of the condominim map to the City of Aspen ~d sh~l
abide by all res~ictions as stated in the Guidelines.
Section 9: Conversion of Free-Market Residential Units to Timeshare Units
The two free market condominium traits may be condominiumized and sold as wholly-
owned residential units and occupied on a short- or long-term basis. These two units may
be converted and included as part of the timeshare use plan pursuant to an Insubstantial
PUD Amendment.
Section 10: Subdivision Plat & Final PUD Plans
Within 180 days after final approval by City Council and prior to applying for a Building
Permit, the applicant shall record a Subdivision Hat and a Final PUD Development Plan.
The Subdivision Plat shall comply with current requirements of the City Community
Development Engineer and shall include:
1. The final property boundaries and disposition of lands to be dedicated to the Dean
Street right-of-way.
2. The location of Revocable Encroachments for physical improvements within
public rights-of-way with reference to agreements and licenses appended to the
PUD Agreement.
3. The location of utility pedestals with access easements for the utility provider.
Transformers and pedestals shall be located outside of the public right-of-way.
4. The applicant shall provide the final approved Subdivision line data or survey
description data describing the revised street and parcel boundaries to the
Geographic Information Systems Department prior to applying for a building
permit. The final building location data, including any amendments, shall be
provided to the GIS Department prior to issuance of a Certificate of Occupancy.
The Final PUD Plans shall include:
i. An illustrative site plan with adequate snow storage areas and/or snow melted areas
depicted. Approved project dimensions shall be printed on the final illustrative plan.
2. A landscape plan showing location, amount, and species of landscape improvements
with an irrigation plan with a signature line for the City Parks Department.
3. Design specifications and profiles for the Dean Street improvements. To the extent
practicable, the design for Dean Street improvements shall be consistent with any
final master design plan adopted by the City for Dean Street improvements.
4. An architectural character plan demonstrating the general architectural character and
depicting materials, fenestration, projections, and locations of projections such as
elevator shaft heads, mechanical equipment, etc. Mechanical equipment shall be
screened fi'om pedestrian view.
City of Aspen Ordinance No. 30,
Series of 2004.
Page 8
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5. Floor plans of each level depicting unit division~ and plaza level-lmpro~vements.
6. A utility plan meeting the standards of the City Engineer and City utility agencies.
7. A grading/drainage plan, including an erosion control plan, prepared by a
Colorado licensed Civil Engineer, which maintains sediment and debris on-site
during and after construction. If a ground recharge system is required, a soil
percolation report will be required to correctly size the facility. A 2-year storm
frequency should be used in designing any drainage improvements. Off-site
improvement shall be done in coordination with the City Engineer (also see
Sectionl 1, condition 6.)
8. An exterior lighting plan meeting the requirements of Section 26.575.150.
Section 11: Subdivision/PUD Agreement
Within 180 days after final approval by City Council and prior to applying for Building
Permit, the applicant shall record a Subdivision/PUD Agreement binding this property to
this development approval. The Agreement shall include the necessary items detailed in
Section 26.445.070, in addition to the following:
1. Revocable Encroachment agreements and licenses for physical improvements
within public rights-of-way with reference to their locations depicted on the
Subdivision Plat.
2. The agreement shall state the ownership and maintenance responsibilities of the
common areas oft he project.
3. The agreement shall include a maintenance and operating agreement for Dean
Street. The design, installation, maintenance and operational costs for new surface
and subsurface improvements to'Dean Street shall be borne by the owner of the
Residences at Little Nell project and its successors and assigns. New subsurface
improvements shall include a snowmelt system and similar features but exclude
existing utilities within the right-of-way. Costs of replacing surface and subsurface
improvements as a result of accessing City-owned utilities or other'subsurface work
that damages surface and subsurface improvements installed by Residences at Little
Nell, including the snowrnelt system, shall be borne by the City of Aspen. The City
of Aspen shall not be responsible for costs of replacing surface and subsurface
improvements damaged as a result of utility work on non-City-owned utilities.
4. An estimated construction schedule with estimated schedules for construction
phases affecting city streets and infrastructure and provisions for noticing the City
Streets Department, the City Engineering Department, utility providers (including
City agencies), and emergency service providers.
5. An agreement to return Galena Street to an acceptable condition after construction,
as determined by the City Engineer. Subsurface work may be necessary. Curb and
gutter work may be necessary. A final two-inch overlay may be necessary. In the
alternative, the applicant may pay a one-time payment concurrent with receipt of a
building permit of $7,950 into the City street maintenance fund (an amount equal to
City of Aspen Ordinance No. 30,
Series of 2004.
Page 9
SILVIA DAVIS PITKIN COUNTY CO F~ ?6.00 D 0.00
the cost of a 2" asphalt overlay over half the wid~----~ of Ga-~ha ~treet-a~ong the
frontage of the Little Nell property to Durant Street).
6. $172,000 to offset City expenditure for project-related off-site drainage
improvements shall be payable concurrent with receipt of a building permit. This
fee has been determined by the City Engineer and prorated with other properties
receiving such benefit.
7. In order to secure the performance of the construction and installation of
improvements in the public rights-of-way, the landscape and public facilities
performance security shall include and secure the estimated costs of proposed
right-of-way improvements.
8. A license agreement to use Dean Street, or a portion thereof, adjacent to the
project site for construction staging including a fee to use the land at a rate of
$1.25 per square foot per month for the time period in which the land is to be
occupied for construction staging.
Section 12: Pre-Construction Meeting,
Prior to Building Permit Submission, a meeting between the following parties shall be
conducted: Developer/Applicant, Project Architect, Project Planner, Prime Contractor,
City Staff Planner, Community Development Engineer, Zoning Officer, Building
Official/Plans Examiner. The purpose of the meeting is to identify the approving
ordinance and any amendments, identify conditions of approval, identify the timeline for
plat and PUD/SIA agreement recordation, identify the types of building permits necessary
and the development activities that can be conducted prior to receiving a building permit,
review any critical timeline issues, review the steps and timing of the building permit
process, discuss responsibilities of all parties in getting permits, Changes, etc., and review
the Building Department checklist.
Section 13: Building Permit Requirements
The building permit application shall include/depict:
1. A signed copy of the final Ordinance granting land use approval.
2. A letter from the primary contractor stating that the approving Ordinance has been
read and understood.
3. The conditions of approval shall be printed on the cover page of the building
permit set.
4: A completed tap permit for service with the Aspen Consolidated Sanitation
District.
A tree removal mitigation payment of $27,645.31. This figure represents the
difference between the assessed value of trees to be removed and the cost estimate
to supply and install the proposed trees and native vegetation. Amendments to the
plan shall require a recalculation.
City of Aspen Ordinance No. 30,
Series of 2004.
Page 10
10.
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A fugitive dust control plan approved by the Environmental Health Department
which addresses watering of disturbed areas including haul roads, perimeter silt
fencing, as-needed cleaning of adjacent rights-of-way, speed limits within and
accessing the site, and the ability to request additional measures to prevent a
nuisance during construction. The applicant shall wash tracked mud and debris
from the street as necessary, and as requested by the City, during construction.
Submission of a fugitive dust control plan to the Colorado Department of Public
Health and Environment Air Quality Control Division may also be necessary.
A study performed by a Colorado licensed Civil Engineer demonstrating how the
required excavation of the site may be performed without damaging adjacent
structures and/or streets. If the applicant utilizes soil pins to stabilize excavation
cuts, the applicant shall be required to provide a financial assurance in an amount
to be determined by the Community Development Engineer. The City
Engineering Department would strongly prefer that the applicants use soil
hardening techniques rather than soil pins to stabilize the excavation cuts. (A
study has been submitted and is under review by the City.)
A construction site management and parking plan meeting the specifications of
the City Building Department. (A study has been submitted and is under review
by the City.)
The applicant shall submit a Soil Suitability and Slope Stability Analysis by a
licensed engineer with a specialty in geo-technical sciences. At a minimum, such
report shall determine the feasibility of excavating the hillside and identification
of any necessary mitigation during construction of the lodge to protect adjoining
properties from damage. In addition, the report shall include a baseline for slope
stability prior to any excavation, establish a monitoring program to be
implemented throughout the construction and for two years after completion of
construction using accepted engineering standards approved by the City of Aspen,
including, without limitation, review of all soils, engineering designs, de-watering
plans, and other applicable standards. (A study has been submitted and is under
review by the City.)
The roof plan shall demonstrate substantial compliance with the representations
made by the applicant with regard to limiting the rooftop mechanical equipment
and the use of non-reflective roofing material.
Prior to issuance of a building permit:
1. All tap fees, impacts fees, and building permit fees shall be paid.
2. The location and design of standpipes, fire sprinklers, and
acceptable to the Fire Marshall.
alarms shall be
'Section 14:PM10 Mitigation Plan
In order to reduce the impacts of PM10 generated by the project, the project shall provide a
shuttle service for use by the owners/guests of the Residences at Little Nell and shall
advertise to their guests that need for a personal/rental car is not mandatory due to the
City of Aspen Ordinance No. 30,
Series of 2004.
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shuttle amenity. In addition, the Environmental Health Deparhn~c-°~mmends (but is~not
requiring) that the lodge and its businesses join the Transportation Options 'Program and
provide secure covered bike storage. This PM10 mitigation plan has been accepted by the
City's Environmental Health Department and no further plan shall be required.
Section 15: Delivery Dock
No tracking, shipping and/or receiving, service, inspection, or commercial vehicles serving
the Residences at Little Nell and/or associated commercial facilities shall utilize Ute
Avenue for such purposes. All shipping and receiving, service vendors, inspection, and
other commercial vehicles to and from the Residences at Little Nell and its associated
commercial facilities shall be only via its parking garage and/or loading dock off of Galena
Street.
Section 16: Condominiumization
Condominiumization of the Project to define separate ownership interests of the Project is
hereby approved by the City of Aspen, subject to recordation of a condominiumization plat
in compliance With the current (at the time of condo plat submission) plat requirements of
the City Community Development Engineer.
Section 17: PUD Plans Check
Prior to recordation of the Final PUD Plans, the plans to be recorded shall demonstrate
substantial compliance with the representations and drawings made and presented during
the prOject review.
Section 18: Restaurant
The Project's restaurant, bar and outdoor dining terrace shall be open for the sale of food
and beverages to the general public, and the outdoor dining terrace shall be open and
available for use in conjunction therewith, weather permitting, all days of the year that the
Aspen Mountain Skiing Area is open for public skiing, for a minimum of three (3) hours
after the gondola lift at Little Nell closes each day. In addition, the bar and the outdoor
dining terrace shall be open to the general public each day during the "summer season",
which shall be deemed to run from June 15 through October 15 of each year, during all
daytime hours that the gondola is open to the general public. During hours of operation,
the restaurant shall be open to the general public. No memberships shall be required,
although occasional private events may be held.
Section 19: Vested Rights
The development approvals granted herein shall constitute a site-specific development plan
vested for a period of three (3) years from the date of issuance of a development order.
No later than fourteen (14) days folloWing final approval of all requisite reviews necessary
to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be
published in a newspaper of general circulation within the jurisdictional boundaries of the
City of Aspen, a notice advising the general public of the approval of a site specific
City of Aspen Ordinance No. 30.
Series of 2004.
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development plan and creation of a vested property right pursuant to~-~is~l'~ notice
shall be substantially in the following, form:
Notice is hereby given to the general public of the approval of a site specific
development plan, and the creation of a vested property right, valid for a period of three
(3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68,
Colorado Revised Statutes, pertaining to the following described property: Lot #1,
Residences at Little Nell Subdivision and PUD.
Section 20:
All material representations and commitments made by the developer pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Community Development Department, or the Aspen
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 other specific
conditions.
Section 21:
This Ordinance 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 22:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 23:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this
Ordinance in the office of the Pitkin County Clerk and Recorder.
Section 24:
A public hearing on the Ordinance shall be held on the 27th day of September, 2004, at 5:00
in the City Council Chambers, Aspen City Hall, Aspen Colorado. fifteen (15) days prior to
which hearing a public notice of the same shall be published in a newspaper of general
circulation within the City of Aspen.
Section 25:
This ordinance shall become effective thirty (3.0) days following final adoption.
[signatures on following pagel
City of Aspen Ordinance No. 30,
Series of 2004.
Page 13
INTRODUCED, READ AND O~E~'D P~LiSHED a~ provided by 1aw,
by the City Council of the City of Aspen on the 1~3 day of~, 2004.
Attest:
FINALLY, adopted, passed and approved this ~. day of 0 ~~
Attest:
Kath~n S. KocyCity C(erk -
Approved as to form:
City Attorney
Page: 14 of 15
11/15/2004 II:06A
SILVIA DAVIS PITKIN COUNTY CO R 76.00 D 0.00
Exhibff A - Proposed Zoning Boundary Map
C:\home\Current Planning\CASES\Residences~LNkFinal\Ordinan.ce.doc
City of Aspen Ordinance No. 30,
Series of 2004.
Page 14
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$ILVIA DAVIS PITKIN COUNTY CO R 76.00 D 0.00
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