HomeMy WebLinkAboutordinance.council.053-00 ORDINANCE # 53
(SERIES OF 2000)'
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING AN
EXTENSION OF THE CONSTRUCTION DEADLINES AND
RECONSTRUCTION CREDITS THEREBY AMENDING
SECTION L AND 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 (Lots 3 and Lot 5) and included dates by which the
reconstruction credits would expire, and
WHEREAS, the Agreement has been amended several times as the construction
schedule has been adjusted, (most recently pursuant to Ordinanc, e # 8, Series of 1998 and
Ordinance #38, Series of 1999); and
WHEREAS, Savanah Limited Liability Partnership ("Savannah") submitted a
written petition on September 26, 2000, amended October 11, 2000, and November 16,
2000, 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 specific
extensions in the construction schedule and reconstruction credit dates; and
WHEREAS, Savanah has provided in said petitions a rationale and justification
for the requested Section L and Section M amendments, and
WHEREAS, pursuant to the Agreement and an amendment made thereto by
Ordimmce #38, Series of 1999, Savannah has met the demolition permit application
submission deadline of October 1, 2000 for the demolition of the Grand Aspen Hotel; and
WHEREAS, the applicant has requested to extend the construction deadlines and
reconstruction credits to be more in keeping with Savarmah's projected development
review process, PUD approval timelines of the City and the projected construction
timelines; and
WHEREAS, Savannah submitted a "Conceptual PUD Development Plan/
Subdivision Application" for the Top of Mill site (Lot 3), Grand Aspen site (Lot 5) and
the Bavarian Inn site and received conceptual approval from the City Council for all
three development sites on December 6, 1999 and Savannah has indicated their intention
to submit final applications for these sites by the deadline of December 6, 2000, requiring
detailed engineering and architectural plan submissions; 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 construction and other related development dates
and reconstruction credit dates, and
WHEREAS, the City Council finds that this ordinance ft~hers and is necessary
for the public health, safety, and welfare, and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
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Section 1:
The Aspen City Council does hereby amend Savaunah's construction schedule deadlines
as set forth in Section A 2 of the PUD Agreement, and as previously mended by those
Section M amendments executed in June 1990, June 1991, August 1992, October 1992,
February 1993, June 1995, February 1998, March 1998 and September, 1999, to provide
as follows:
1. Lot 5, Grand Aspen Hotel site
a) Demolition Time Table:
Commencement to occur on or before April 16, 2001 with completion no later
than July 31, 2001. An initial meeting shall occur between Savannah and the
adjacent neighbors by January 31, 2000, to discuss the demolition process.
b) Building Permit Application Submission:
Within one hundred and eighty (180) days after recordation of all final Aspen
Mountain PUD documents.
c) Certificate of Occupancy:
Within thirty (30) months after issuance of a building permit, but no sooner than
the receipt ora certificate of occupancy for the Bavarian Inn affordable housing
project.
2. Lot3, Top of Mill
a) PermitApplicationsforlnfrastructureandRemovalofFillMaterial:
Submit application(s) within thirty (30) days after recordation of all final Aspen
Mountain PUD documents.
b) Building Permit Applications:
At owner's discretion, but no sooner than the issuance of a building permit for the
Bavarian Inn affordable housing project.
c) Certificate of Occupancy for the Parcel l Multi-Family Free Market Units:
No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable
housing units.
d) Final Inspection for the Duplex Free Market Units on Parcel 3 and the
Single-Family Free Market Units on Parcels 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.
3. Bavarian Inn Affordable Housing Project
a) Building Permit Application:
Within ninety (90) days after recordation of all final Bavarian Inn Affordable
Housing Project PUD documents.
b) Commencement of Construction:
Within thirty (30) days after receipt of building permit for Bavarian Inn project
but no sooner than the recordation of all final Aspen Mountain PUD documents.
However, should said permit fail within the months of December 1~t to March 31~t
then commencement shall begin no later than by May lst of that year.
c) Certificate of Occupancy:
Within eighteen (18) months of the date of commencement of construction as set
forth in paragraph b, above.
Section 2:
The Aspen City Council does hereby amend Section L of the PUD Agreement to grant
an extension of the usage for the reconstruction credits as follows:
"Any reconstruction credits to be reconstructed on Lots 3 and 5 are extended until five (5)
years from the date of the final PUD approval of the Aspen Mountain PUD. These
credits shall not confer any exemption from the affordable housing requirements as may
be identified during the approval process."
Section 3:
The amendments as provided in Section ] and Section 2 of this ordinance shall be
reflected in a written amendment document approved by the City Attorney between the
City of Aspen and Savannah Limited Partnership which shall be executed and filed in the
records of the Pitkin County Clerk and Recorder's Office.
Section 4:
If any 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 5:
This ordinance shall no~ 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
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repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior ordinances.
Section 6:
A public hearing on the ordinance shall be held on the 1 lth day of December, 2000,
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 be 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 27th day of November, 2000.
· '. har
A. TTEST:
'Kathr~n S; ~oeh, C~ty Clerk
FINALLY adopted, passed, and approved this I 1
ATTEST:
Kathryn S~och, City Clerk
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