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HomeMy WebLinkAboutcoa.lu.pu.Aspen Mountain PUD Lot 3.A087-01DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-yeaz vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in frill force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Four Peaks Development LLC 1000 S Mill St. Aspen, CO 81611 Property Owner's Name, Mailing Address and telephone number Lot 3 Aspen Mountain Subdivision/PUD Legal Description and Street Address of Subject Property 13 Free Market 4 Affordable Housing Units Written Description of the Site Specific Plan and/or Attachment Describing Plan Ordinance # 7-2002 3/25/02 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) Mazch 23 2002 Effective Date of Development Order (Same as date of publication of notice of approval.) Mazch 24 2005 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 23`d of March, 2002, by the City of Aspen Community Dexalopment Director. Ann Woos, Community Development Director ..~ Bavarian Inn Affordable Housing Renovation Exterior Improvements The exterior of the existing Bavarian Inn will be renovated in concurrence with the conversion of the building into Affordable Housing Units. The building will be brought into compliance with all Aspen/Pitkin County Housing Requirements. These improvements will include: • Repair and/or replacement of broken windows, • Repair and/or replace roof as necessary, Repair, replace and re-paint all fascia, soffit and exterior woodwork as necessary, • Repair and/or replace rain gutters as necessary, • Paint or skim coat stucco exterior, stir ~J~ ~'' ~`~~ • Landsca a ro~P~Y r to Ian included ith Final PUD Application,p~~1~ ~~~/~--- • General property clean up. SuS~.~.~ ,-Et~d a.~e;~ I vl^~ Y t CA-~ ~ J~~ ~,,~/~1l23~7~~ l~j {N t~(~//V~~ ~Z~r S vc(tih ~UVIV `Y ` "" ~~ ` Y RONALD GARFIELD' ANDREW V. HECHT' DAVID L. LF.NYO MATTHEW C FERGUSON' CHRISTOPHER J. LaCROIX" CHAD 1. SCHMIT' JESSICA L. ROTHBTE[N' MICHAEL D. MCCOLLUM PARAIFGAI. Via Facsimile to 920-5439 and First Class Mail Ms. Julie Ann Woods City Director of Planning Community Development Department 130 South Galena Street Aspen, CO 8161 1 Re: Grand Aspen Demolition Dear Julie Ann: August 8, 2001 - 6U} EAST HYMAN AVENUE A$~F~„ COLORADO 81611 1"I! TELEPHONE (970) 925-}936 FACSIMILE (970) 925-3008 110 MIDLAND AVENUE SUITE 201 BASALT, COLORADO 81621 TELEPHONE (970)927-1936 FACSIMILE [970)927-1783 In accordance with the last (i.e., January 5, 2001) Section M Amendment to the First Amended and Restated Planned Unit DevelopmendSubdivision Agreement for the Aspen Mountain Subdivision, demolition of the Grand Aspen Hotel was required to be completed no later than July 31, 2001. I am pleased to advise you, on behalf of Grand Aspen Lodging, LLC, that the demolition was completed on July 20, 2001. Were it not for the unanticipated presence of significant additional asbestos (the prior owner failed to remove all asbestos despite being obligated to do so), and the delays occasioned by the removal of this additional asbestos, demolition would have been completed at a much earlier date. An inspection of the site would show that portions of the concrete foundation walls were left standing at the southern and westerly boundaries to avoid soil shifting or settling. Based on advice from the project engineer, my client may, in the near future, be contacting the City to obtain necessary permits to perform temporary shoring and to obtain permission to install soil nails under Galena Street. Under the January 5, 2001 Section M Amendment, a Building Permit Application is to be submitted within 180 days after recordation of the Final Plat. While Section M never mentioned the need for any activity following demolition but before submission of the Building Permit Application, such activity (i.e., temporary shoring and soil nails) could reasonably be foreseen with a development of this size. Further, it is in everyone's interest to keep the site and surrounding areas (i.e., Alpenblick Condominiums and Galena Street) stabilized. Sincerely, RG/mal Copies to:]ohn Worcester, City Attorney J. Todd Emerson, Four Peaks Development, LLC Sunny Vann M:\mannleonardi\Previous\RON\HoustonaiGoldsmith\GrandAspenV etters\2Comm Dev.)A W.01. doc Cpl ~~~(~~"11F1L1~ ~ ~'l~~~C'iFl"'il~~ >f~.~~"~. ATTORNEYS AT LAW (~,UU E-mail: atty@garfieldhechLcom Webs i [e: www.garfieldhechtcom I. also aJnlmed ~o _ Wxu utlmi ueJ w J. also admineA m J. ulu admwvJ ei Ncw vork x.. Dlevin or Culuniniu uar G,ooecrcw no. Illinois au~ ® Printed nn recycled paper v~~~ar MEMORANDUM To: Mayor and City Council Thru: Julie Ann Woods, Community Development Director Joyce Allgaier Ohlson, Deputy Director ~p From: Fred Jarman, Planner Date: June 10, 2002 Re: Ordinance No. 15, Series 2002: Amending Aspen Mountain PUD Development Dates--("Section MAmendments") -Public Hearing -Second Reading Summary Grand Aspen Lodging, LLC, represented by Four Peaks Development, is requesting approval from the City Council to amend the Section M Amendments of the Aspen Mountain PUD (hereinafter "AMPUD"). The purpose of the amendment is to alter permit application, construction, and certificate of occupancy dates for the three projects, due to a pending lawsuit and proposed amendments to the Bavarian Inn Affordable Housing PUD. Staff recommends the City Council approve the requested changes as put forth in the attached Ordinance No.15. Background The Section M Amendments aze a formal part of the AMPUD approvals, outlining the demolition, permit application, construction, and certificate of occupancy dates regazding development on Lot 3 (aka "Top of Mill" site), Lot 5 (aka "Grand Aspen" site), and the Bavarian Inn Affordable Housing PUD projects. Grand Aspen Lodging, LLC would like to amend the Section M Amendments for two primary reasons: A) Immediately following approval for Lot 5 of AMPUD, Four Peaks Development has been engaged in a lawsuit which has made it difficult to achieve construction financing which may impact the timing on the approved development schedule for the Grand Aspen project; and B) Following extensive investigations of the existing Bavarian Inn structure, Four Peaks Development determined that it is preferable to demolish the Bavarian Inn and rebuild rather than conducting extensive remodeling of the existing Bavarian Inn. Due to this finding, Four Peaks Development recently submitted a land use application to the City to gain approval to replace the exiting Bavarian Inn with a new structure. In addition, Staff has recently requested that Four Peaks reevaluate the new Bavazian Inn site plan. Four Peaks Development requests to move forwazd with the construction of all of the other three buildings in the Bavarian Inn project while the City processes the proposal for the new Bavarian Inn. This element of the development will be referred to as "Phase 1" of the project and includes the 11 townhome units. "Phase 2" refers to the new Bavarian Inn building. Discussion Specifically, the requested amendments aze due to potential construction timing impacts that may result from a pending lawsuit and a proposed PUD Amendment to the Bavarian Inn affordable housing project. Staff has provided the current and binding Section M Amendment language below with the modifications proposed by the Applicant. Language to be deleted has been indicated by being st~risl~n--threugh. Language to be added has been underlined. Additional comments by Staff for the analysis of this request are provided in italics following each provision. Lastly, Staff has provided a recommended action to City Council for each request below. Section 1• 1. Lot 5, Grand Aspen Hotel site \ n 1'f' T• T 61 !` o«r ~., .. « l.of «o A«';1 1~ ~nm ,,,:rh 1 .• l..r « rl,.,« r„I„ Z1 ~nnt n« «:.:«t oo«:«.. ~t,.,u t,ora - ~ --- - - -- o ----- - °°-- -- -- C' ..1, .i tl, .7' o«r :..1.1....~ 1.., T~«..«.... ~,1 ~noo t6 ai°~:=°° ri_e .7e_„«1_r_~r occ. ~__~_ ____ ____ __ ___. __ ___ _ ~ _ _- -_ ~ _ _~_- _ _ J ~ presess [Four Peaks Development would prefer to delete this language because the demolition has been completed.] - Staff Recommendation to City Council on this request: Approve request. ab.)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. [Four Peaks Development was able to submit building plans for review at the request of the City's Building Department prior to recordation because of additional time it may take to review the plans. Four Peaks would like to add language that allows submission of the building permit application, prio rto the recordation of all final AMPUD documents. Staff feels that any permit review is done at the Applicant's risk in that no permits shall be issues until all the PUD documentation has been recorded.] - Staff Recommendation to City Council on this request: Approve request with suggested changes. bs.)Certificate of Occupancy: Within thirty (30) months after commencement of construction' ~ ,but no sooner than the receipt of a certificate of occupancy for both phases of the Bavarian Inn affordable housing project. [The lawsuit is impacting Four Peaks Development's ability to get construction financing so they cannot exactly predict when project commencement will occur. They indicate that they are still able to meet the 30-month construction time line. In addition, Staff would like to include language that requires the City's Chief Building Official to determine to his satisfaction when certificate of occupancy is ready to be issued.) - Staff Recommendation to City Council on this request: Approve request with suggested changes. 2. Lot 3, Top of Mill a) 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. [Again, as with the Grand Aspen, Four Peaks Development was able to submit building plans for review at the request of the City's Building Department prior to recordation because of the additional time it may take to review the plans. Four Peaks would like to add language that allows submission of the building permit prior to the recordation of all final AMPUD documents. Staff feels that any permit review is done at the Applicant's risk in that no permits shall be issued until all the PUD documentation has been recorded. J - Staff Recommendation to City Council on this request: Approve request with suggested changes. b) Building Permit Applications for Parcels 3, 4, 5, 6, 7, and S: At owner's discretion, but no sooner than the issuance of a building permit for Phase 1 of the Bavazian Inn affordable housing project. Building Permit submittal for Phase 1 shall be made no later than June 24, 2002. (Phase 2 is the new Bavarian -and that element is guaranteed with its linkage to the Final Inspection at the Grand Aspen. Staff understands the request to break up the Bavarian Inn project into two phases, but remains concerned that even the current language in the Section MAmendments is vague regarding the tie of the completion of the Bavarian to any development activity on Lot 3. As a result, Staff recommends that the language regarding issuance of a building permit remain as opposed to submission for a permit as reguested by the Applicant.) - Staff Recommendation to City Council on this request: Deny request & keep currently adopted language modified to reflect the sepazation of the Bavarian into Phase I and II. c) r•o..«:r,,..,.o ,.r n ................ Final Inspection for the Parcel 1Multi-Family Free Market Units: No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable housing units of the Bavarian Inn Affordable Housing PUD project. [Staff requested this change in language from "CO" to "Final Inspection" because COs are a function of financing. More specifically, if a purchaser does not need financing and pays cash for the free market units, they would not need a CO. Therefore; the Final Inspection will be the trigger, as all projects require a final inspection. - Staff Recommendation to City Council on this request: Approve request. d) Final Inspection for the I3uple:r Free Market Units on Parcels 3z ^°a '-^ .h°~~ 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. [There is no real change in this language; the fact that only a duplex can be constructed on Parcel 3, and single family dwellings can be developed on lots 4-8 has already been represented in the application. Further, the owners of those lots are required to mitigate for AHJ. - Staff Recommendation to City Council on this request: Approve request. 3. Bavarian Inn Affordable Housing Project a.) Building Permit Application: Phase 1-A building permit for Phase 1 (Pazcel 2- townhomes) shall be applied for no later than June 24, 2002.~xr..w:...,:.,^,.. iom ,a^.,~ b.) Building Permit Application: Phase 2-A building permit for Phase 2 (Pazcel I-inn) shall be applied for within ninety (90) days after recordation of amended PUD documents that refect Phase 2 amendment approvals.~As recordation will be delayed while the new Bavarian Inn is processed, Four Peaks Development would like the ability to get Phase 1 going as soon as possible. Again, Staff feels that submittal of building permit application may be done, however, any permit review is done at the Applicant's risk in that no permits shall be issued until all the PUD documentation has been recorded. This does allow for the developer to move forward on Phase I.J - Staff Recommendation to City Council on this request: Approve request. c.ZCommencement of Construction: Within thirty (30) days after receipt of building permit for each Phase of the Bavarian Inn project but no sooner than the recordation of all final Aspen Mountain PUD documents. However, should said permit fall within the months of December 1st to March 31st then commencement shall begin no later than by May 1st of that yeaz. [The Applicant would like to move forward with Phase 1 of the Bavarian Inn affordable housing project while the City reviews the proposed amendment to the Bavarian Inn PUD in order to demolish and reconstruct a new Bavarian Inn structure. The Applicant has submitted the application requesting to amend the Bavarian Inn PUD and is scheduled for review by the Planning and Zoning Commission on May 21St. J 4 - Staff Recommendation to City Council on this request: Approve request. ~CerHficate of Occupancy: Within eighteen (18) months of the date of commencement of construction as set forth in pazagraph b. above. [Staff would like this language to be amended to include "and upon approval of the Chief Building Oj~cial. ' J - Staff Recommendation to City Council on this request: Approve request as amended. Additional Staff Comments: Staffs main concern regazding modifications to the Section M Amendments is that the commitment made by Four Peaks Development to complete the Bavarian Inn affordable housing project continues to be memorialized and honored. More importantly, the intent of the Bavarian Affordable Housing project concept was not only as mitigation for the Grand Aspen Hotel, but also the result of a commitment made by the previous owner, Savanah, to satisfy, in part, the commitment to provide to the community additional affordable housing as part of the vote for the Ritz Carlton approval. These proposed amendments recognize that Savanah /Four Peaks Development met the provision requiring the demolition of the old Grand Aspen Hotel. These proposed amendments also continue to tie the completion of the Bavarian Inn affordable housing project to the completion of the new Grand Aspen project. Lastly, these proposed amendments break up the construction of the Bavarian Inn into two phases so that work may begin on the townhome buildings while the main Bavarian Inn structure returns to the City for review of its demolition and site plan changes to allow a new structure to be built in its place. Staff finds while these proposed amendments do not significantly jeopazdize the commitment made to the City of Aspen by Four Peaks Development to complete the Bavarian Inn affordable housing project in conjunction with Lot 5, Staff remains concerned that if the new Grand Aspen is never realized, then the Bavarian Inn project would never be completed. Further, Staff fmds the currently adopted Section M Amendments contain language that is vague regarding Lot 3 in connection to the Bavarian Inn project, but is more restrictive than the proposed language submitted by the Applicant. Staff recommends the existing language remain unchanged. Staff Recommendation Staff recommends City Council approve amendments to Section M of the First Amended and Restated Planned Unit Development/Subdivision Agreement for the Aspen Mountain PUD/Subdivision with the conditions stated herein and as put forth in the attached Ordinance No. 15, Series of 2002. Recommended Motion: "I move to approve Ordinance No. 15, Series of 2002, amending Section M of the First Amended and Restated Planned Unit Development/Subdivision Agreement for the Aspen Mountain PUD/Subdivision with the conditions stated herein." 5 City Manager Comments Attachments: Exhibit 1: Current Section M Amendments Exhibit 2: Ordinance No. 53, Series of 2000 Exhibit 3: Applicant's petitions (Letters dated Apri126 and May 31, 2002) ORDINANCE No. 15 (SERIES OF 2002) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SECTION M AMENDMENTS TO THE FIRST AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE ASPEN MOUNTAIN PUD/SUBDIVISION THEREBY AMENDING THE CONSTRUCTION SCHEDULES FOR LOTS 3 AND 5 ANT)'THE BAVARIAN T1VN AFF`UItD:ABIrE~IiO~SYNG 1'I20JECT WHEREAS, on October 3, 1988, City .Council approved the First Amended and Restated Planned Unit DevelopmenUSubdivision Agreement for .the Aspen Mountain Subdivision (the "Agreement"); and WHEREAS, the Agreement defined a construction schedule for the development of Lots 3 and 5 of the Aspen Mountain Subdivision; and WHEREAS, the Agreement has been amended several times as the construction schedule has been adjusted, (most recently pursuant to Ordinance #53, Series of 2000); and WHEREAS, the most recent amendment also established a construction schedule for the development of the Bavarian Inn affordable housing project; and WHEREAS, Top of Mill Investors, LLC; Grand Aspen Lodging, LLC; and Bavarian Inn Affordable Housing, LLC, represented by Four Peaks Development ("Four Peaks"), purchased Lot 3, Lot 5 and the Bavarian Inn property, respectively, from Savanah Limited Partnership on January 11, 2000; and WHEREAS, Four Peaks submitted written petitions on Apri126, 2002 and May 31, 2002 to the Community Development Director for City Council action pursuant to Section M of the Agreement requesting further changes to the construction schedules for Lots 3 and 5 and the Bavarian Inn affordable housing project; and WHEREAS, Four Peaks has provided in said petitions a rationale and justification of the requested Section M amendment; and WHEREAS, Four Peaks has met the deadline for the demolition of the Grand Aspen Hotel as provided for in Ordinance #53, Series of 2000; and WHEREAS, after detailed investigation into remodeling the existing Bavarian Inn, Four Peaks determined that it is preferable to demolish and the existing Bavarian Inn and to rebuild a new structure on the existing foundation, or is willing to discuss with the City another mutually acceptable location on the property; and 470110 IIIIIIIVIIIIIIIIIVIIIiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII.007923D20000 9.53Fi WHEREAS, Four Peaks submitted a land use application in April of 2002 to the City requesting approval to replace the existing Bavarian Inn with a new structure and the Community Development Department staff has requested revisions to the project's site plan; and WHEREAS, Four Peaks wishes to move forward with the construction of all of the buildings on Pazce12 of the Bavarian Inn affordable housing project ("Phase I") while a revised proposal incorporating the staffs requested revisions on Pazcel 1 is processed by the City ("Phase II"); and WHEREAS, Four Peaks will proceed with the recordation of the approved final PUD development plan and associated documents for the Bavarian Inn affordable housing project as reflected in Ordinance #21, Series of 2002, and future changes to Parcel 1 will be processed as an amendment to those recorded documents; and WHEREAS, because of potential construction timing impacts that may result from a pending lawsuit with respect to Lot 5 (a circumstance beyond the control of Four Peaks), and a proposed PUD amendment to the Bavarian Inn affordable housing project to accommodate a revised site plan for Pazcel 1, the City Council finds it appropriate to amend the construction schedules for Lots 3 and 5 and the Bavarian Inn project; and WHEREAS, The City of Aspen City Council, by a vote of five to zero (5-0), approved Four Peaks requested Section M amendment to the Agreement requesting specific revisions to the construction schedules for Lots 3 and 5 of the Aspen Mountain Subdivision and the Bavarian Inn affordable housing project; and WHEREAS, the City Council finds that this ordinance furthers and is necessary for the public health, safety and welfaze. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Secfion 1 The Aspen City Council does hereby amend the constmction 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, Mazch 1998, September, 1999, and December 2000 to provide as follows: 1. Lot 5, Grand Aspen Hotel site a) Building Permit Application Submission: Within one hundred and eighty (t80) 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 both phases I IIIIII VIIIIIIiII VIIIIIIIIIIIIIIIIIII III VIII IIII IIIIO 079203 2~ 02009:33{i of the Bavarian Inn Affordable Housing PUD project. A certificate of occupancy will be issued upon satisfaction of the Chief Building Official Commencement of construction shall be considered as when the first concrete pour for the foundation occurs. 2. Lot 3, Top of Mill a) 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 I of the Bavarian Inn affordable housing project. c) Certificate of Occupancy for the Parcel 1Multi-Family Free Market Units: No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable housing units of Lot 3, Top of Mill. d) Certificate of Occupancy 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. 3. Bavarian Inn Affordable Housing Project a) Building Permit Application: Building permits for Phase I shall be applied for within ninety (90) days after recordation of the originally approved PUD documents. Building permits for Phase R shall be applied for within ninety (90) days after recordation of the amended PUD documents for Phase II or within ninety (90) days of the denial of a PUD amendment by the City Council for changes to Phase II. b) Commencement of Construction: Within thirty (30) days after receipt of building permits for each phase of the Bavarian Inn project but no sooner than the recordation of all final Aspen Mourtain PUD documents. However, should said pemrit fall within the months of December 1st to March 31~`, then commencement shall begin no later than by May 1st 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. A certificate of occupancy will be issued upon satisfaction of the Chief Building Official. 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 VIII IIIIIIIIIII IIIIIIII IIIIIIIIIIIIIIIIIIII IIII 49©z e0 oa:saa SILVIF DAMS PITKIN COUNTY CO Q y0.00 0 0.00 ' .. ____ __.--_.__~- c. 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 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 be held on the 10th day of June, 2002, 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 131h day of May, 2002. ATTEST: Helen Ka I HI derud, Mayor l (~ thryn S. K~o9 ,City Clerk FINALLY adtfpted, passed, and approved this 10`h day of June 2002. elen Kalin erud, Mayor ATTEST: ~~~~ Kathryn S. Koe ,City Clerk I III II II I IIIIII IIII IIII IIII VIII ( III I I I II 0 9 0 20002 09:53P . 51 LVIP DRVIS PITKIN COUNTY CO R 20,00 0 0.00 ..a, a .. ..,:.... L:. I NOV-2c-2000 WED 0928 Rfl FHF. NU. r. ua~i4 C~r~~ 5~;,, ,,~ .EXHIBIT 1 L ~~~~-- AMENDED REQUEST FOR SECTiGN M AMENDMENT TO ASPEN MOUNTAIN F(JD Submittzd by Savanalt Limited Partnership November 16, 2000 This request to amend certain construction and other dates contained in the Aspen Mountain PUD (the PUD), and in Ordinance 38 of 1999, is made pursuant to Section M of the PUD. Savanah Limited partnership and the City of Aspen have been enga;ed in the approval process for the final pazceis contained in [he PUD, Lots 3 (Top of the w(ill) and ~ (the Grand Aspen Hotel) and nc~ Bavarian Inn for many months. 5zparate from that review process but related to it, Savanah and the City have agreed upon a number of dates from time to time [hat relate to ho~v and when those three parcels would be processed. approved and built. Thr most recent agreement on those dates is contained in Ordinance 38 of 1999. When those dates were agreed to in September of 1999, both Savanah and the Ciry lead to estimate when conceptual and final approvals for the three sites would be received. Given that estimate, other dates were then established for various building permits, certificates of occupancy, etc. on the three pazccls. Conceptual approvals for all three sites were received on December 6, 1999. Under the Aspen land use code, Savanah has until one year after that dace, i.e., December 6,.2000, to submit the final applications for tack sire. Given the complexity of chz architectural and engineering work required for each final submission, Savanah will not be submitting the Fna! approval applications until, or just before, December 6, 2000. Now that the Final submission dates are more accurately predicted, it can oho be estimated that fins! approvals will not likely be received until sometime in the fall of 2001. Tlus being the case, all of the dates contained in Ordinance 38, with the exception of the Grand Aspen demolition date, are unattainable by a wide margin. It should also be noted that each of the properties in question arc under contract for sale 6y Savanah. However, due to the unpredictability of any such transaction, Savanah has been proceeding wide all its various development consultants to process and prepare the final applications wi[h all appropriate priority to meet the December 2000 deadlines. NUV-'L'L-L000 Wtll Uy~Ctl Hfl rnn nu. 2. !. Section I_ of the PUD, Reconstruction Credits Section L of the PUD contains provisions relating to the ttse of reconstruction credits. Deadlines For using them have been extended throughout the processin; of the PUD, until such time u it becomes clear on how they might be implemented. The last time they were extended was in 1998 through Ordinance 8, All reconstruction credits associated with Lots3 and 5 were extended in that Ordinance until one (1) year from the dart of issuance of the demolition permit for the Crand Aspen Hotel. Now that we have a much more accurate understanding of ho~v these various properties will be approved and then constructed, we are hereby requesting that all remaining reconstruction credits in the PUD be extended for five years after the dart of final approvals for Lots 3 and S. This is consistent with the existing land use code that allows for reconstruction within five years of demolition ot'the units. Given the complex and lenb'rhy approval process needed to determine how these credits could be used, we think it is reasonable to treat the crediu as requested !I. Grand aspen Demolition Permit Date' The PUD stipulates that if the demolition of the Grand Aspen were to Fall in the ski season, tltrn it can br postponed until after that season. Since the current requirement of obtaining the demolition permit by October I, 2000 would place the demolition in that period, Savanah and the Ciry have agreed that the demolition will not commence until after the litRs close in April 2001. (See attached letter from Julie Ann Woods of September 25, 2000) Nonetheless, in order to meet the requirement ofobtaining the demolition permit; Savanah submitted a complete demolition permit application through its demolition contractor to the Aspen Euilding Department the week of September 18, 2000. The processing of the permit took a number of weeks to complete and by October 30, 2000 all requirements, except for one, for the issuance of the permit had been met. The only outstanding matter is the asbestos abatement that must be completed and certified by the State before a demolition permit can be issued. Since it is possible that work may not take place until April of 2001 as part of the overall demolition, the permit will not actually be issued until that time, Accordingly, Savanah is requesting an extension of the rcquiretnent to obtain the pcnnit until the spring of 2001. Please sec the attached letter from the City oFNovember I6, 200p on this subject. Ilf. Other Dates: Now that the various site dcvcloptnent plans are more precisely defined due to the conceptual approvals, more aecuretu building and construction dates can be estimated. r, iwty r I r NUV-'L'L-2000 WtU Uy~'[y Hfl rr+n nu. r. ~ ~~ i4 3. Titus, the following proposed darts for building permit applications, commencing construction and certificates ofoccupancy are more specific than those darts found in Ordinance 38. Several items should be noted about these proposed dates. First, the total construction time for each parcel is the same as that used in Ordinance 38. Second, all affordable housing will continue to be built (cenificate of occupancy) or obligations met (cash in lieu, etc.) concurrent with or before all Frce market units receive their final inspection. The specific requested dates fur Lots 3 and S and the Bavarian are ai follows; 1. Lot 5, Grand Aspen Hotel Site a) Demolition Permit. No later than the spring of2001 b) Demolition Time Table as per the attached letter From the City Commence asbestos abatement work no later than Apri! 16, 2001, with demolition to be completed no later than July 31, 2001. c) Building Permit Application Within one hundred and eighty (180) days after the recordation of all final PUD documents. d) CertiFica(e of Occupancy Within thirty (30) months after issuance ofbuilding permit, but no sooner than the receipt of a certificate of occupancy i'or the Davarian lnn project. 2. Lot 3, Top ofMill a) Permit Application(s) for Infrastructure and ILemoval ofFill Material Submit said application(s) within thirty (30) days after recordation of all final PUD documents. b) $uildingPermil Applications NUV-l1-Z000 Will Uy;Zy Hll rr+n nu, r, ru i~ 4. At owner's discretion, but no sooner than the issuance ofa building permit for the Bavarian Inn affordable housing project, c) Certificate of Occupancy for the Parce! 1Multi-Family Frec Market Units No sooner than the receipt of a certificate of occupancy fur the Patcel 2 affordahlc housing units. d) Ccttificates of Occupancy For the Duplex Free Market Unit on Paree! 3 and the Single-Family Free Market Units on Parcels 4, 5, 6, 7 and 3. 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 PUD Bavarian lnn documents b) Commence Construction project but no sovnc than the rcco8danon of allrfinal PUD documents for Lots 3aand 5. However, should such date fall between December 1 and March 31, then construction may commence as late as May 1 of that year. c) Certificate of Occupancy Within eighteen (18) months ofcommencement ofconstrvetion as set forth in paragraph (h) above. Givctt what we know today about the likely final approval timetable, Savanah is confident these dates. are realistic and achievable. Thus, we respectfully request a hearing before the Ciry Council to consider all these matters. Thank you. 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 DevelopmenUSubdivision 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 Ordinance # 8, Series of 1998 and Ordinance #38, Series of 1999); and WHEREAS, Savuiah 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 i 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 Y I I"III "III "III' I'II'I "II' II'I III"I III "I'I II'I I"I 450415 01/11/2001 08:416 ORDINiiNC DRVIS SILVI 1 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO WHEREAS, pursuant to the Agreement and an amendment made thereto by Ordinance #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 Savannah'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 fmal 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 fords that this ordinance furthers 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: IIIIIII"III"III'illlll"IIIIIIIIIIIIIIIiill~lIIIIIIII 450415 01/11/2001 08:418 ORDINRNC DRVIS SILVI 2 of S R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO Section 1• The Aspen City Council does hereby amend 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, Mazch 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 of a certificate of occupancy for the Bavarian Ian affordable housing _. project. ~..o ~> U _~,. 2. Lot 3, Top of Mill y ,... 2 Q v a) Permit Applications for Infrastructure and Removal of Fill Material: _~ ~ Submit application(s) within thirty (30) days after recordation of all final Aspen a ~ Mountain PUD documents. =z d M ~ ~ o m b) Building Permit Applications: ,~ ¢ m At owner's discretion, but no sooner than the issuance of a building permit for the ~Q Z Bavarian Inn affordable housing project. ~mm ~m . ~. m c c) Certificate of Occupancy for the Parcel 1Multi-Family Free Market Units: ~. r°, ~ No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable ~. ~ housing units. ~,.. ~ ~~ ~ N -.-~ . ~~ ~ d) Final Inspection for the Duplex Free Market Units on Parcel 3 and the Q ~ Single-Family Free Market Units on Parcels 4, 5, 6, 7 and 8: ~. ~ v n 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. i iiiiii iiiii iiiiii iiiiii Ana iiii iiiiii iii iiiii iiii iiii 450415 01/11/2001 08:41p ORDINRNC DpVIS SILVI 4 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO 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 Construcfion: Within thirty (30) days after receipt of building permit for Bavazian Inn project but no sooner than the recordation of all final Aspen Mountain PUD documents. However, should said permit fall within the months of December 1" to Mazch 31" then commencement shall begin no later than by May I" of that yeaz. c) Certificate of Occupancy: Within eighteen (18) months of the date of commencement of construction as set forth in pazagraph 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 aze 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 1 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 unconstitutignal 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 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 6: A public heazing on the ordinance shall be held on the 11th 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. ~,y; ~ ,,. '.,~ , .,, ,~.T~TE~ST: r ~- ~ v '~z;I~athryn j ch, City Clerk - ~ ', '"~ E. Richards, FINALLY adopted, passed, and approved this 11~' day of December, 2000. ~~ R chel E. Richards, ~~ ,; It~t]z,~n$. och, City Clerk ~..: :,* 4 #~ . - I I"III'~III "III' I'II'I "II' II" III"I III "I'I'III I'II 450415 01/11/2001 08:41q ORDINRNC DpVIS SILVI 5 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO AMENDMENT TO THE FIRST AMEPiDED AND RESTATED PLANNED UNIT DEVELOPMENT/SUBDNiSION AGREEMENT FOR THE ASPEN MOUNTAIN SUBDNISION THIS AMENDMENT to the First Amended and Restated Planned Unit DevelopmenUSubdivision Agreement for the Aspen Motintain Subdivision ("PUD Agreement', ~~ being entered into between the City of Aspen, Colorado !"City") and Savanah Limited Partnership ("Savanah" or "Owner") on this 5th day of~~eeercrbef2ggg; provides as follows: ?anuary, 2001 RECITALS WHEREAS, Savanah submitted a written petition on September 26, 2000, amended October 11, 2000 and November 16, 2000, to the Comm~~uuty Development Director for City Council action pursuant to Section M of the PUD Agreement seeking certain specific extensions in the construction schedule and reconstruction credit dates; and WHEREAS, hearings were conducted before the i:i:y Council on November 27, 2000 and December 1 I, 2000, during which Savanah successtully demonstrated the reasons necessitating the extensions in the existine construction schedule and reconstruction credit dates; and WHEREAS. Scction M of the PUD Agreement authorizes extension of the time periods for construction schedules upon a proper showing; and ' A WHEREAS, Sectioa 0(6) of the PUD Agreemen: authorizes amendments to the PUD .4grecment by written instrument executed by the parties t;tereto. NOW THEREFORE, in consideration of the mutual covenants as contained herein, it is =~> agreed that the provisions hereinbelow shall amend the Pi1D Agreement as follows: e. ce r- ~. «'. 0 1. Savanah's construction schedule deadlines as set forth in Section A2 of the PUD .`. ¢ " Agreement, and as previously amended by those Section M amendments executed in June 1990, ~~ ~ lone ] 991, August 1992, October 1992, February 1993, J.me 1995, February I998, Mazch 1998 =Q a and September 1999, azc hereby further amended to provide as follows: ~nm `~ m A. Lot 5, Grand Aspen Hotel Site ' m ..a i~ 4 = i) Demolition Time Tsble: . -• a ~ ®m Commencement to occur on or before April 16, 2001 with completion no later ~~ e than July 31; 2001. An initial meeting shad occur between Savanah and the ' ~ ~ ~ adjacent neighbors by January 3 ], 2001 to discuss the demolition process. ...~~ ' ~~+n ~ ii) Building Permit Application Submissio«: • m Within one hundred and eight) (180) days af3er recordation of all fmal Aspen .~ _.; ~Q~ ,~ s~ o .v.+ -- i ,~s Mountain PUD documents. iii) Certificate of Occupancy: Within thirty (30) months after issuance of a building permit, but no sooner than the receipt of a certificate of occupancy for the Bavarian Inn affordable housing project. B. Lot 3, Top of Mill i) 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. ii) Building Permit Applications: At owner's discretion, but no sooner than the issuance of a building permit for the .Bavarian Inn affordable housing project. iii) Certificate of Occupancy for the Parcel IMulti-Family Free Market Units: ~!s No sooner than the receipt of a certificate of occupancy for the Pazcel 2 affordable housing units. iv) Final Inspection for the Duplex Free l!rl~~rket Units on Parcel 3 and the Single-Family Free Market Units on Palcels 4, S, 6; 7 and 8: No sooner than the receipt of a certificate ~f occupancy for an on-site accessory dwelling unit or upon the payment of theapplicable affordable housing impact fee. C. Bavarian Inn Affordable Housing Project i) Building Permit Application: Within ninety (90) days after recordation of sll final Bavazian Inn Affordable Housing project PUD documents. e' , ii) 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 far Lots 3 and 5. However, should said permit fall within the months of ps December ]"to March 31'`, then the commencement shall begin no later than ' May I" of that yeaz. • iii) Certificate of Occupancy: Within eighteen (1 S) months of the date of commencement of construction as set forth in paragraph b above. 111111 IIIII 111111111111111111111111111 Ill tllll 11111111 450418 01/11/2001 08:g1R PUD RGRE DgVIS SILVI 2 of S R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO STATE OF COLORADO ) ss. County of Pitkin ~ The foregoing instrument was acknowledged bef~~re me this day of ~g..~~ by Rachel E. Richards, as Mayor, and Katheryn S. Koch, as City Clerk, of the City of Aspen, Colorado. .+ WITNESS MY HAND AND OFFICIAL SERI, My STATE OF County of'~ A ss. s.IS-~~ ~. i~ o ary Pub ~~ S~ ~CL~Pha_~;. Cd Address ~t'i I The foregoing instnunent was acknowledged before me this ~y by Tarek Ayoubi, president of Aspen Enterprises lntetna4onal, Inc., general p er of Savanah ;~- Limited Partnership. u'1TNESS MY HAND AND My commission expires: ..~..rr.,....... ~pDlJ8T7 rr Can.R ~s. r.z 7b lODr 111111 11111 111111 11111111111 IIII !11111111 IIIII IIII IIII 430416 01/11/2001 08:4111 PUD PGRE LRVIS SILVI 3 of 5 R 23.00 D 8.00 N 0.00 PITKIN COUNTY CO :~ I Lc.za h/~ ~--~ ~9, Address q ['~ lVOCl~O ,~s SAVANAFi LIMITED PARTNERSHIP By. Tazek Ayoubi President Aspen 1;.nterprises International, Inc. Genera( Partner APPROVED AS TO FORM: SNJ~V1 ~. ZI~/hn~i'14~ Attorney For S anah Limited Partnership [Acknowledgments On Next Page] I I"III "III'~III' IIII'I "II~ IIII "I"I III ~Ilil il~i I"I 430416 01/11/2001 06:41A PUD ptRiE DRVIS SILVI 4 of S R 28,00 D 0,00 N 0.00 PITKIN COUNTY CO ,a ~A i 4 2. Section L of the PUD Agreement is amended to provide as follows: "Any reconstruction credits to be reconstructed on Lots 3 and 5 aze extended until five (5) yeazs from the date of the final PUD approval of the Aspen Mountain PUD for Lots 3 and 5. These credits shalt not confer any exemption from affordable housing requirements as may be identified during the approval process." 3. All other [emis and conditions of the PUD Agreement and the previous Section M amendments, not inconsistent or superseded by this amendment, shall remain in full force and effect. ~• Tltis amendment document shall be promptly recorded in the records of the Pitkin County Clerlc and Recorder's office. IN WITNESS WHEREOF, the parties have hereunto set their sigttatures on the day and yeaz as fast written above. THE CITY OF ASPEN ATTEST: X/ ,~_ Ciry Clerk APPROVED AS TO FORM: ~ Z~D! A cy Rae el ;;. Richazds, Ma r Ilflllllillliilllllllllliilllllllillillllllllilllllll ~- 430426 01/11/2001 08:41A PUD ACRE Dpy25 SILVl~I 3 °r 3 R 26-00_D 0_ 00 N 0_ 00 PITKIN COUNTY CO [Signatures Continued On Nexrt Page] ;3 .~! ~x ~~ e ~+ 3 F O U D E V E Apri126, 2002 R P E A K S L O P M ,~~~ T qPR ~ ~r~Fo ~~NNTy~~,~ ~D~Z F~op~FM' 1000 South MiIISt Aspen CO, 81611 Phone: 970-925.21 14 Fax: 970-925.1036 Ciry of Aspen -Department of Community Development C/o Fred Jarman 301 South Galena Street Aspen, Colorado 81611 Dear Fred: Please accept this letter as our formal request to amend the Section M amendments currently reflected in Ordinance 53 Series 2000. The reasons for this request include: 1) Our discovery that the existing Bavarian Inn is a worthless pile of junk and that all concerned benefit by us building a new one in its place. Current azrangements contemplate a remodel of the existing building and we would prefer to hand over a new structure than a remodeled old one -from here on this element of the Bavarian project will be referred to as "Phase 2". Phase 1 is the other town home units in the project and we aze proceeding with preparing and submitting for building permits on this element as. soon as possible. The project has been fenced, the old cabins given away, and the demolition permit is applied for. Application for the change to allow a new building has been made to the Ciry. We won't demolish the existing Bavazian until the Ciry approves our requested change to the PUD approval, and that requires some time. Many of the neighbors asked if we could take the existing building down so we expect strong support from the neighbors on this. This delay to process the new BI is driving most of the issues associated with our requested changes, 2) Technical corrections should be made to the current Section M agreements to reflect an update on the project and wording changes, and 3) The lawsuit by the Galena Place Homeowners is delaying our ability to get construction financing for the project. The Following is a presentation of the existing Section M language (in bold text) followed by our requested language (in standard text) and then detail as to the reason for the request (in italic text). We would request that the follow facts be added to the agreement: Whereas, Grand Aspen Lodging, LLC, represented by Four Peaks Development ("4P"), purchased the property from Savanah Limited Liability Partnership on January 11, 2000; and Whereas, after detailed investigation into remodeling the existing Bavarian Inn ("BI") 4P has determined that it is preferable to demolish the existing BI and rebuild on the existing foundation; and Whereas, 4P has submitted a Land Use application dated April _, 2002 to the Ciry to gain approval to replace the exiting BI with a new structure; and Whereas, 4P wishes to move forward with the construction of all of the other three buildings in the project while the proposal for the new BI is processed by the Ciry. This element of the development will be referred to as "Phase 1" of the project and include the four units in "Building W", the five units in "Building S" and the two units in "Building N" as labeled on the Final PUD Development Plan. Phase 2 will hereinafter refer to the new BI building. Below are our requested changes to Section 1: Section 1: 1. Lot 5: 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. Comment: As the building has been demolished this paragraph should be deleted b) Building Permit Application Submission: Within one hundred and eighty (180) days after recordation of all final Aspen Mountain PUD documents. Change to: 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. Comment• Thebuildingdeparhnentwanted togetstartedon then?vieruoftheprojectimmcrluuelyarularthe recordation has notyetoccurred wefelr it important to add theflexzbiliry tosubmitpriorto recordation. c) Certificate of Occupanry: Within thirty (30) months after issuance of a building permit, but no sooner than the receipt of a certificate of occupancy for the Bavarian Inn affordable housing project. Change to: b) Certificate of Occupancy: Within thirty (30) months after commencement of construction, but no sooner than the receipt of a certificate of occupancy for both phases of the Bavarian Inn affordable housing project. CommenG• The Galena Place lawsuit is impacting Durability to get conslnuYion~nancingso l rcm't predur when our start will occur. l can stick to the 30 month time line once construction commences. 2. Lot 3, Top of Mill a) 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. Change to: a) 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. Commen[• Thegoal here is to get us to do this within 30 days of recordation. All weareasking forhere is for theability to apply More recordation. PermiuforTree remove fencinganddemolition arealready in place. 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. Change to: b) Building Permit Applications Parcels 3, 4, 5, 6, 7, and 8: At owner's discretion, but no sooner than the submission for a building permit for Phase 1 of the Bavarian Inn affordable housing project. Comment: • Thechangeisfrom "issuance"to submittal"ofaBuildingpernzitAsabuildiazgpernxitforPhase 2 the new Bavaricnzj will be delayed while we proceuthe reque-ted change to build a ner~ structure. • ThesubmissionofabuildingpermitapplicationonPhasel,combinedwiththeguarantees assoaared with the COoftheGrandAspen beinghelcl up by theBauarlan(bothphases)webrlieue gives the City adequate assura~sce that we will build the Bavarian. We just have to do this in 2 phases because we want to do the new building and hope the process will allow us to do so. • t~thoutthisrequestedchangeconstnrctinganerr~buildin$insteadofremodelingtheoldbuildin~is problematicat best. We believe it is in everyone's best interest to teardatvn theald Inn and build a new one. c) Certificate of Occupancy for the Parcel 1Multi-Family Free Market Units: No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable housing units. Change to: Final Inspection for the Parcel 1Multi-Family Free Mazket Units: No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable housing units. Comment• Wewererequested tochange thisfrom "Certificate ofOccz~panry"to °Fznallncpecrion°bythe City, and are happy to do it. 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. No change requested. 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. Change to: a) Building Permit Application: Within Winery (90) days after recordation of all final Bavarian Inn Affordable Housing Project PUD documents. Submittal prior to recordation is acceptable. Comment•As recordation will bedelayed while thenervBlisproceued weare requestingtheability toget Phaselgoingassoonaspossible,bynothavingtodelaysubmittalswhilethatchangeisprocessed. This allows us to speed up the process on Phase 1. 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 fall within the months of December 1st to March 31st then commencement shall begin no later than by May 1st of that year. Change to: b) Commencement of Construction: Within thirty (30) days afrer receipt of building permit for each Phase of the Bavarian Inn project but no sooner than the recordation of all final Aspen Mountain PUD documents. However, should said permit fall within the months of December 1st to March 31st then commencement shall begin no later than by May 1st of that year. Comment: As theBavarian is proposed to be built in two phases to accommodate theapproval of the new buildingwe would like the room to move forward on Phase 1 whilePhase 2 is beingrevietemd by the City. c) Certificate of Occupancy: Within eighteen (18) months of the date of commencement of construction as set forth in paragraph b. above. No requested changes Also, for your information, below is a quick summary of the Bavarian schedule as we see it today: Asbestos removal on existing BI: completed ^ Demolition permit application (Phase 1): submitted. Complete fencing of project: completed Demolition to commence within one week after Demo permit issuance. Note that we are not planning on demolishing the existing BI until the new BI is approved. Demolition of other buildings, overlot grading and infrastructure all to commence immediately upon permit issuance. ^ Building permit application for Phase 1 of BI no later than May 31 (hopefully by May 15 - but I am building in a cushion here). Commencement and completion of construction as required above. We appreciate your support in these requested changes. Sincerely, Four Peaks Development, LLC Scott Wiiter, Manager .Exlni bif 3 ccoat) F O U R P E A K S D E V E L O P M E N T 1000 Sou[h Mill St Aspen CO, 81611 Phone: 970-925-2114 Fax: 970-925-1036 May 31, 2002 City of Aspen -Department of Community Development C/o Julie Ann Woods and Joyce Ohlson 301 South Galena Street Aspen, Colorado 81611 Dear Joyce and Julie Ann: Please accept this letter as our formal request to amend the Section M amendments currently reflected in Ordinance 53 Series 2000. The reasons for this request include: 1) A request has been made by City Staff to look into a change in the site plan for Pazcel 1 in the Bavarian Inn Subdivision/PUD. Four Peaks believes in the spirit of the request and looks forwazd to working with the City and the neighbors in coming up with a revised plan fox Parcel 1. Pazce12 in the Bavarian Plan is to move forward in all reasonable haste. 2) As mentioned, the concept of redesigning Pazcel 1 is initially acceptable to Four Peaks, however, the details need to be further explored. Also, if and when an acceptable conceptual plan is agreed to, the time and money will need to be spent to create and submit an acceptable plan. Then, of course, that plan will have to go through public hearings. We aze willing to go through this potentially lengthy and costly process, if, and only if, this will not delay us on any efforts on Lots 3 and 5 of the Aspen Mountain Subdivision /PUD; and it does not add significant costs to the project. Therefore, certain provisions of the "Section M" amendments must be changed for us to proceed with exploring these changes. 3) Technical corrections should be made to the current Section M agreements to reflect an update on the project and wording changes, and 4) The lawsuit by the Galena Place Homeowners is delaying our ability to get construction financing for the project. The Following is a presentation of the existing Section M language (in bold text) followed by our requested language (in standard text) and then detail as to the reason for the request (in italic texl). We would ~equert that the follow facer be added to the agnemeut Whereas, Grand Aspen Lodging, LLC, represented by Four Peaks Development ("4P'~, purchased the property from SavanahLunited Liability Partnership on January 11, 2000; and Whereas, 4P wishes to move forward with the construction of all of the buildings on Parcel 2 of the project while a revised proposal for Parcel 1 is processed by the City. The Pazcel 2 element of the development will be referred to as "Phase 1" of the project. Phase 2 will hereinafter refer to the elements included in Parcel 1 of the project. Whereas, 4P will proceed with xecordadon of the approved Bavarian plan as reflected in Ordinance 21, Series 2001, and future changes to Pazce12 will be processed as an amendment to those recorded documents. Below are our requested changer to Section 7: Section 1• 1. Lot 5: a) Demolition Time Table: Commencement to occur on or before Apri116, 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. Comment: As the building hat been demolished this paragraph should be deleted b) Building Permit Application Submission: Within one hundred and eighty (180) days after recordation of all final Aspen Mountain PUD documents. Change do: 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. Camment.• The building department wanted to get .started on the review of the project immediately and at the recordation hat notyet occurred we felt it important to add the flexibility to tubmid prior to retardation. c) Certificate of Occupancy: Within thirty (30) months after issuance of a building permit, but no sooner than the receipt of a certificate of occupancy for the Bavarian Inn affordable housing project. Change to: b) Certificate of Occupancy: Within thirty (30) months after commencement of construction, but no sooner than the receipt of a certificate of occupanry for phase 1 of the Bavarian Inn affordable housing project. Comment: The Galena Place lawsuit is impacting our ability to get construction financing so I can I predict when our start will occur. I can stick to the 30 month time line once canttruction commences. At frrrt blush keeping the whole pmject tied to CO's at the Grand Aspen teemed acceptable -however, given thepossible timing impacts associated with the approvalprocess another type of security appears necessary. 2. Lot 3, Top of Mill a) 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. Change to: a) 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. Comment: The goal here it to get ur to do this within 30 dayr of recordation. All we are asking for here is for the ability to apply before recordation. Permits for Tree removal, fencing and demolition are already in place. We have received permission from the Mayor, City Manager, and Director of Community Development to proceed with excavation down to 1975grade. 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. Change to: b) Building Permit Applications Parcels 3, 4, 5, 6, 7, and 8: At ownei s discretion, but no sooner than the submission fox a building permit (and City's acknowledgment that submission is complete) fox Phase 1 of the Bavarian Inn affordable housing project. Said Building Permit submittal fox Phase 1 shall be made no later than June 24, 2002. Comment: • 4P intends to rubmit for recordation of the Bavarian Inn Subdivision PUD on or about June 30, 2002. • The change it from "issuance"to "submittal" of a Building permit. 4P will commit to rubmit for a building permit for Phase 1 no later than June 24, 2002. Because the rubmirrion for a Building Permit triggers a timeline that reguinr construction and completion of the structures, we feel this giver the City adeguate assurances dhat Phase 1 will be built and completed ^ Ar a building permit for Phase 2 (Parcel 1) will be delayed while we procerr the requested change to build a new structure, we are arking to remove this element firm the process. ^ 4P will commit to submit a complete package to the City for building permit(s) on Phase 2 within 90 dayr of recordation. c) Certificate of Occupancy for the Parcel 1Multi-Family Free Market Units: No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable housing units. Change to: Final Inspection fox the Parcel 1Multi-Family Free Mazket Units: No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable housing units. Comment: We wen requested to change thin firm `Certificate of Occupancy" to `~inallnspectian"by the City, and an happy to do it. d) Final Inspection for the Duplex Free Mazket 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. No change requested. 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. Change to: a) Building Pextnit Application -Phase 1: A building pemut fox Phase 1 (Parcel 2) shall be applied for no latex than June 24, 2002. b) Building Permit Application Phase 2: A building permit for Phase 2 (Parcel 1) shall be applied for within ninety (90) days after recordation of amended PUD document that reflects Phase 2 approval. Submittal prior to recordation is acceptable. c) 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 fall within the months of December 1st to Match 31st then commencement shall begin no later than by May 1st of that year. Change to: c) Commencement of Construction: Within thirty (30) days after receipt of building permit for each Phase of the Bavarian Inn project but no sooner than the recordation of all final Aspen Mountain PUD documents. However, should said permit fall within the months of December 1st to March 31st then commencement shall begin no later than by May 1st of that year. Comment: A.r the Bavarian is proposed to be built in two phases to accommodate the approval of the uem building me mould like the room to move forward on Phase 1 while Phase 2 is being reviewed by the City. d) Certificate of Occupancy: Within eighteen (18) months of the date of commencement of construction as set forth in paragraph b. above. No reguested changes Also, fox your information, below is a quick summary of the Bavarian schedule as we see it today: • Asbestos removal on existing BI: completed ^ Demolition permit application: approved • Complete fencing of project: completed ^ Demolition to commence within one week after Demo permit issuance. Note that we axe not planning on demolishing the existing BI until the new BI is approved. Demolition of other buildings, ovexlot grading and infrastructure all to commence immediately upon permit issuance. ^ Building permit application for Phase 1 of BI no latex than June 24, 2002. Commencement and completion of construction as required above. We appreciate your support in these requested changes. Sincerely, Four Peaks Development, LLC Scott Writer, Manager John, Here's the language in the Draft Final Ordinance No. 7, Series 2002 that discusses the Lot 3 requirements regarding 8040 Greenline Review. I have also included the June 1996 reprint of Title 26, Land Use Regulations, of the 1995 Aspen Municipal Code 8040 Greenline Review section for your records and review. The development of the free market single-family dwellings proposed for Parcels 4 - 8 of AMPUD Lot 3 shall be subject to a site and design specific 8040 Greenline Review prior to their development. These Parcels shall only be required to respond to review standards 26.68.030 (C)(3) and 26.68.030 (C)(7); this resolution approves Parcels 4- 8 regarding 8040 Greenline Review Standards 26.68.030 (C)(1, 2, 4, 5, 6, 8, 9, 10, and ll) thereby precluding any further review of the same standards as indicated. Let me know if there's anything else you need. Fred ., Chapter 26.68 rval or aon her 71 the of ng try -ea ne_ gut :et ce nt 1, al al d of >f :s DEVELOPMENT IN ENVIRONMENTALLY SENSITIVE AREAS (ESA) Sections: 26.68.010 26.68.020 26.68.030 26.68.040 26.68.050 26.68.060 26.68.070 26.68.080 26.68.090 Purpose. Authority. 8040 greenline review. Stream margin. Mountain view plane review. Hallam Lake Bluff review. Procedure for approval of development in ESA Application. Conditions. 26.68.010 Purpose. 26.68.010 Certain land areas within the city aze of particulaz ecological, environmental, architectural or scenic significance and all development within such areas shall be subject to special review procedures and standazds as set forth in this Chapter 26.68. These areas shall be known as Environmentally Sensitive Areas (ESA) and shall include the following: A. 8040 Greenline. Areas located at or above 8040 feet mean sea level (the 8040 Greenline) and including that area extending one hundred fifty (150) feet below the 8040 Greenline. Development in these areas shall be subject to heightened review so as to reduce impacts on the natural watershed and surface runoff, minimize airpollution, reduce the potential for avalanche, unstable slope, rock fall and mud slide, and aid in the transition of agricultural and forestry land uses to urban uses. Review shall further ensure the availability of utilities and access to any development and that disturbance to existing terrain and natural land features be kept to a minimum. B. Stream margins. Areas located within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams, or within the one-hundred-yeaz floodplain where it extends one hundred (100) feet from the high water line of the Roaring Fork River and its tributary streams, or within a flood hazard area (stream margin). Development in these azeas shall be subject to heightened review so as to reduce arrd prevent property loss by flood while ennu-ing the natural and unimpeded flow of watercourses. Review shall encourage development and land uses that preserve and protect existing watercourses as important namral features. C. Mountain view planes. Designated mountain view planes asset forth in Section 26.68.050. Development in these areas shall be subject to heightened review so as to protect mountain views from obstruction, streneadren the environmental and aesthetic character of the city, maintain property values, and enhance the city's tourist industry by maintairring the city's heritage as a mountain community- D. Hallam Lake Buff That bluff area conning approximately on a north-south axis bordering andlor overlooking the Aspen Center for Envirorunental Studies Wotan: preserve and bounded on the east by the 7850-foot mean sea level elevation line and extending one hundred (100) feet, measured horizontally, up slope and there terminating, and bounded on the north by the southeast lot line of Lot 7A of the Aspen Company Subdivision, and on the south by the centeriine of West Francis Street Development in this area shall be subject to heightened review so as to reduce noise and visual impacts on the nature preserve, protect against slope erosion and landslide, 595 (aspen ioNS) 26.68.010 .. minimize impacts on surface runoff, maintain views to and from the nature preserve, and ensure the aesthetic and historical integrity of Hallam Lake and the nature preserve. (Ord. No. 71-1990, § 5: Code 1971, § 7-501) 26.68.020 Authority. The commission, in accordance with the procedures, standards and limitarions of this chaptEr, shall approve, approve with conditions, or disapprove a development application for development in an environmentally sensitive azea (ESA). (Code 1971, § 7-502) 26.68.030 8040 greenline review. A. Applicability. The provisions of 8040 greenline review shall apply to all development located at or above 8040 feet above mean sea level (the 8040 greenline) in the City of Aspen, and all development within one hundred fifty (150) feet below the 8040 greeNine, uNess exempted pursuant to Section 26.68.030 (B). B. Exemption. The expansion, remodeling or reconstruction of an existing development shall be exempt from 8040 greenline review if the following standazds are met:. 1. The development does not add more than ten (10) percent to the floor area of the existing structure or increase the total amount of square footage of areas of the swcmre which are exempt from floor area calculations by more than twenty-five (25) percent; and 2. The development does not require the removal of any tree for which a permit would be required pursuant to Section 15.04.450 or the applicant receives a permit pursuant to said section; and 3. The development is located such that it is not affected by any geologic hazard and will not result in increased erosion and sedimentation. C. 8040 greenline review standards. No development shall be permitted at, above, or one hundred fifty (150) feet below the 8040 greenline unless the commission makes a determination that the proposed development complies with all requirements set forth below. 1. The panel on which the proposed development is to be located is suitable for development considering its slope, ground stability characteristics, including mine subsidence and the possibility of mud flow, rock falls and avalanche dangers. If the parcel is found to contain hazardous or toxic soils, the applicant shall stabilize and revegetaze the soils, or, where necessary, cause them to be removed from the site to a location acceptable to the city. 2. The proposed development does not have a significant adverse affect on the natural watershed, runoff, drainage, soil erosion or have consequent effects oh water pollution. 3. The proposed development does not have a significant adverse affect on the air quality in the city. 4. The design and location of any proposed development, road, or trail is compatible with the terrain on the parcel on which the proposed development is to be located. 5. Any grading will m;n;mne, to the extent practicable, disturbance to the terrain, vegetarion and natural land features. 6. The placement and clustering of structures will min;mne the need for roads, limit tarring and grading, maintain open space, and preserve the mountain as a scenic resource. 7. Building height and bulk will be minimized and the structure will be designed to blend into the open character of the mountain. 8. Sufficient water pressure and other urilities are available to service the proposed development. 9. Adequate roads aze available to serve the proposed development, and said roads can be properly maintained. a cam io~s> 596 .. 26.68.030 hetic `q . 10. Adequate ingress and egress is available to the proposed development so as to ensure adequate 501) ; ~ access for fire protection and snow removal equipment. _~. 11. Any trail on the pazcel designated on the Aspen Area Comprehensive Plan: Pazks/Recreation/Open '' Space/Trails Plan map is dedicated for public use. Provide access to natural resources and areas of special rove, interest to the community. (Ord. No. 22-1995, § 11: Code 1971, § 7-503) Sally 26.68.040 Stream margin. A. No development shall be permitted within the floodway, with the exception of bridges or stmctures for irrigation, drainage, flood control or water divergion, which maybe permitted by the City Engineer, provided ;d at plans and specifications are submitted to demonstrate that the structure is engineered to prevent blockage of ithin drainage channels during peak flows and the Commission determines the proposed structure complies, to the (B). extent practical, with all the standards set forth below. ;mpt B. No development shall be permitted within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams, or within the Special Flood Hazard ;lute Area where it extends beyond one hundred (100) feet from the high water line of the Roaring Fork River area and its tributary streams, unless the Commission makes a determination that the proposed development complies with all the standards set forth below: sired I . It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood elevation on the pazcel proposed for development. This shall be demonstrated ;salt by an engineerin stud prepared by a professional engineer registered to practice in the State of Colorado which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigation dred techniques on or off-site which compensate for any base flood elevation increase caused by the development; used and 2. Any trail on the parcel designated on the Aspen Area Community Plan, Pazks/Recreation/Open ;ring Space/Trails Plan map, or areas of historic public use or access aze dedicated via a recorded easement for rock ;public use. Dedications are necessitated by development's increased impacts to the City's recreation and trail ilize r: facilities including public fishing access; and able 3. The recommendations of the Roaring Fork River Greenway Plan aze implemented in the proposed plan for development, to the greatest extent practicable; and toff ~ 4. There is no vegetation removed or damaged or slope grade changes (cut or fill) made outside of '' a specifically defined building envelope. A building envelope shall be designated by this review and said envelope city. ~,'~ shall be barricaded prior to issuance of any demolition, excavation or building permits. The barricades shall ram " >`~` remain in place until the issuance of Certificates of Occupancy; and "" S. The proposed development does not pollute or interfere with the natural changes of the river, stream atral ,8 1 or other tributary, including erosion and/or sedimentation during constmction. Increased on-site drainage shall f, - t~" be accommodated within the parcel to prevent entry into the river or onto its banks. Pools or hot tubs cannot Img A` K be drained outside of the designated building envelope; and 6. Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation the "of a water course, and a copy of said notice is submitted to the Federal Emergency Management Agency; ~;: and nL 7. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer ~erly ~` and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished; and 8. Copies are provided of all necessary federal and state permits relating to work within the one-hundred- 'year floodplain; and 597 cn:a~ sro» ~` ` SIIIIRIIR IIITKI IIIINIICII~ III I f100 V g 20 00 1 .46f ORDINANCE No. 7 SERIES OF 2002 AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE FINAL PLANNED UNIT DEVELOPMENT APPLICATION INCLUDING SUBDIVISION, CONDOMINIUMIZATION, MOUNTAIN VIEW PLANE, SPECIAL REVIEW, GROWTH MANAGEMENT QUOTA EXEMPTIONS (GMQS), 8040 GREENLINE REVIEW, AND REZONING FOR THE TOP OF MILL SITE TO LODGE /TOURIST RESIDENTIAL PUD AND CONSERVATION, LOT 3 OF THE ASPEN MOUNTAIN SUBDIVISION /PUD, CITY AND TOWNSITE OF ASPEN, PITHIN COUNTY, COLORADO PARCEL NO. 2737-182-85-003 WHEREAS, the Community Development Department received an application from Top of Mill Investors, LLC c/o Four Peaks Development, LLC (Applicant), represented by Vann Associates, requesting Final Planned Unit Development (PUD) approval for Lot 3 of the Aspen Mountain Subdivision /PUD (hereinafter "AMPUD"); and WHEREAS, Top of Mill Investors, LLC c/o Fonr Peaks Development, LLC requested specific land use approvals as part of the Final PUD including Final PUD Development Plan, Subdivision, Condominiumization, Mountain View Plane, Special Review, GMQS Exemption, 8040 Greenline Review, and Rezoning; and WHEREAS, Savanah Limited Partnership, owner at the time of Lot 3 of AMPUD, received Conceptual PUD approval from City Council for AMPUD on December 6, 1999 which is memorialized through Resolution No. 93, Series of 1999; and WHEREAS, Top of Mill Investors, LLC, received an Amended Conceptual Approval from City Council for Lot 3 AMPUD on May 29, 2001 which is memorialized through Resolution No. 50, Series 2001; and WHEREAS, the Housing Office, the City Zoning Officer, the City Engineer, the Pazks Department, Aspen Consolidated Sanitation District, the Environmental Health Department, the City Fire Department, the City Streets Department, the City Parking Department, the City Water Department, and the City Electric Department reviewed the development proposal for Lot 3 and provided written refesal comments as a result of the Development Review Committee meeting; and WHEREAS, the Applicant appropriately applied for specific land use approvals pursuant to the June 1996 reprint of Title 26, Land Use Regulations, of the 1995 Aspen Municipal Code for the Final PUD for Lot 3 AMPUD including Final PUD Development Plan, Subdivision, Condominiumization, Mountain View Plane, Special Review, Growth Management Quota Exemptions, 8040 Greenline Review, and Rezoning; and IIIIIIIgIIIII~IIIIIIIIIIIIIIII~IIIIIIIIIIIIIIIIIIIIIIIliil0466c3900ii:aso , , WHEREAS, pursuant to Section 26304.060 of the Land Use Code, and in consultation with the applicant, the Community Development Director has permitted a modification in review procedures to combine the Final PUD Development Plan, Subdivision, Condominiumization, Mountain View Plane, Special Review, GMQS Exemption, 8040 Greenline Review, and Rezoning review for the purposes of ensuring economy of time and clarity; and WHEREAS, such review procedure modification has not lessened any public hearing noticing or any scrutiny of the project as would otherwise be required; and, WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standazds, the Community Development Director recommended approval of the Final Aspen Mountain PUD land use requests for Lot 3 with conditions; and WHEREAS, the Planning and Zoning Commission forwarded a recommendation of approval to the City Council, by a vote of four to one (4 - 1), Final PUD Development Plan, Subdivision, Condominiumization, Mountain View Plane, Special Review, GMQS Exemption, 8040 Greenline Review, and Rezoning for Lot 3 AMPUD; and WHEREAS, this ordinance, as adopted, incorporates all the relevant and applicable conditions of approval formerly contained in Resolution No. 93, Series of 1999 granting Conceptual PUD Approval to Lot 3 AMPUD by City Council and Resolution No. 50, Series of 2001 granting Amended Conceptual PUD Approval to Lot 3 AMPUD by City Council hereby allowing this ordinance to supersede those resolutions regazding the conditions of approval as stated herein; and WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the applicable Municipal Codes as identified herein, has reviewed and considered the recommendation of the Community Development Director, the Planning and Zoning Commission, the Aspen / Pitkin County Housing Authority, the applicable referral agencies, and has taken and considered public comment at a public hearing; and WHEREAS, the City of Aspen City Council finds that the development proposal meets or exceeds all applicable development standazds 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 City of Aspen City Council hereby approves, by a vote of five to zero (5 - 0), a Final PUD Development Plan, Subdivision, Condominiumization, Mountain View Plane, Special Review, GMQS Exemption, 8040 Greenline Review, and Rezoning for Lot 3 AMPUD; and WHEREAS, the City of Aspen City Council fmds that this Ordinance fiuthers and is necessary for the promotion of public health, safety, and welfaze. NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIL AS FOLLOWS: • ~ II~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII15100663900iI:aso SILVIR DRVIS PITKIN COUNTY 00 R 3 SeCt1On ), Pursuant to this Ordinance and consistent with condition no. 3, of Resolution No. 93, Series of 1999, the City Council approves the allowable FAR for each Lot 3 pazcel and allnratPrl ac chnwn in the, matrix below. Parcel No sn~"f: "~~~"~'~~ ~~ ~'~ ~'•° iVlaaimum'=AllowableFAR~ _"``;,sou Parcel 1 27,000 square feet of FAR Parcel 2 8,000 square feet of FAR Parcel 3 9,000 square feet of FAR Parcel 4 6,200 square feet of FAR Parcel 5 5,200 square feet of FAR Pazcel 6 5,200 square feet of FAR Pazce17 6,500 square feet of FAR Pazce18 6,500 square feet of FAR Pazcel 9 No FAR shall be allocated to this parcel. Section 2 Pursuant to the procedures and standazds set forth in Title 26 of the Aspen Municipal Code, the requests for the Final PUD including Final PUD Development Plan, Subdivision, Condominiumization, Mountain View Plane, Special Review, GMQS Exemption, 8040 Greeniine Review, and Rezoning for Lot 3 of AMPUD is hereby approved with the following conditions: 1. The development shall comply with the most recent municipal engine°r;.ng practice standards and the "Best Management Practices" (BMPs) identified for water quality control requirements. 2. Regazding the concerns associated with the type of units of the four (4) deed-restricted multi-family housing units on Parcel 2, should it not be possible to change the unit type, Staff recommends the Applicant meet with Housing Authority Staff to maintain the average o£ the Category 2, but to price one of the three bedroom units between Category 1 and 2, and to price the 4-bedroom unit between Category 2 and 3, and market as a Category 3:; 3. Three of the units on Parcel 2 shall be distributed and sold under the general lottery through the Housing Office. The Applicant shall be able to choose a buyer for one of the units. However, the buyer must be a fully qualified employee under the category for the unit chosen by the applicant; i.e., the potential buyer must meet income and asset requiremen*s, meet minin•,um occupancy, not own any other property in the Roaring Fork Drainage System, and have worked in Pitkin County 1500 hours per year for the last four years. 4. The Applicant shall submit Infrastructure and Removal of Fill Material Permits for Lot 3 AMPUD within 30 (30) days after recordation of all Final PUD documents. The Applicant may submit building permit applications at the Applicant's discretion, but no sooner than the issuance of a building permit for the Bavarian Inn affordable housing project. The Applicant shall be eligible for a Certificate of Occupancy for the free market II I;1,,,,,!II'IIII IIII II II IIII II I) aa66692 u:asc SILVIR ORVIS PITKIN COUNTY CO R 35.00 D 0.00 multi-family units on Parcel 1 only after a Certificate of Occupancy has been issued for the affordable housing units on Parcel 2. The Applicant shall be eligible for a Certificate of Occupancy for the Free Market Duplex on Parcel 3 and the single-family units to be constructed 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 full payment of the applicable affordable housing impact fee. 5. The accessory dwelling units (for Parcels 4 - 8) shall abide by the regulations in the Land Use Code in effect at the time of building permit application and further defined in the Aspen/Pitkin County Housing Guidelines. Should an accessory dwelling unit not be provided on Parcels 4 through 8, a payment-in-lieu fee shall be provided in the amount required in the Guidelines at the time of building permit approval. 6. At the time of Certificate of Occupancy, a site visit shall be conducted on the deed- restricted units. 7. Since the "for-sale" affordable housing units are to be developed on a separate parcel, Parcel 2, a separate homeowner's association shall be established for the affordable housing portion of the development. 8. The Applicant shall include appropriate language in the Final PUD Agreement for Lot 3 and it's associated condominium (or planned community) documentation regarding the separate homeowner's association for Lot 3 (to be reviewed and approved by Staff) tha'. ensures that the four (4) "for-sale" affordable housing units to be developed on Parcel 2, shall comply with the representations made in the application, adhere to the conditions of this Final PUD Approval, and comply with the required deed restrictions as administered by the Aspen / Pitkin County Housing Authority so that the owners of said units shall not be unduly burdened by a disproportionate share of responsibilities associated with the master homeowner's association or other homeowner associations established for the free market residences on parcels 1 and 3 - 8. 9. Erosion control plans, including potential natural resource protection structures, and a detailed plan for irrigation systems and other plantings within the City of Aspen right-of- way shall be submitted by the Applicant to the Parks Department for approval prior to the application of building permits. Separate erosion control plans shall be submitted by the owners of each parcel prior to the issuance of a building permit for their respective parcels. 10. The Applicant shall construct the "Aspen Mountain Trail" which traverses the adjacent Open Space Parcel "B" according to City of Aspen standards during the completion of this project. This trail improvement shall meet engineering specifications as defined by the City of Aspen Parks Department including a crusher fines trail surface, a width of four feet, a trail sign located at the entrance of each trail identifying trail name and public access, and the sign shall be designed and built to match the character of the neighborhood. The Applicant shall submit a detailed plan for trail design and drainage. Parks Deparunent requests the applicant field stake the trail. The Applicant shall be required to have the trail improvement completed and inspected to the satisfaction of the Parks Department prior to the receipt of a Certificate of Occupancy for the free market triplexes on Parcel 1. ~[)~im,+..7~( 46639 I IIIIII IIII VII IIII IIIIII IIIIIIVIII III VIII IIII IIIL 00 4919 D2 ~ 1 : 46f SIL~SR 11. The Applicant shall formally establish the Top of Mill Trail across Lot 3 AMPUD. This trail shall have a legal description, be shown on the Final Plat, and be dedicated/conveyed to the City of Aspen. Further, the Applicant shall memorialize in the Final PUD / Subdivision Agreement for Lot 3 and associated condominium (or planned community) documents, the obligation by the master homeowner's association or Applicant to improve the Top of Mill Trail, at such time the connection is realized, pursuant to the Parks Department's design criteria. If the trail has not been improved to the satisfaction of the Parks Department within 5 years of the recordation of the Final Plat for AMPUD Lot 3, the master homeowner's association for Lot 3 shall make a cash payment to the City of Aspen equal to a sum defined by the Parks Department for the improvement of the trail. 12. Fire sprinklers and alarm systems shall be installed in all the proposed buildings on Lot 3 as required by the City of Aspen Fire Marshal. Appropriate "booster pumps" (if required) rather than pressure tanks for the sprinkler system shall be used to gain the necessary water pressure as required by the City Fire Department. The owner of each parcel shall be responsible for ensuring that any buildings constructed thereon shall comply with this condition of approval. In addition, the Applicant shall submit a fire safety plan for the demolition to be preformed by the Applicant of the existing structures and the construction of the proposed development of Lot 3 to the Engineering Department at the time of building permit application. 13. The Applicant shall execute a "Line Extension Request" and a "Collection System Agreement" with Aspen Consolidrted Sanitation District (ACSD) prior to building permit application. In addition, forty percent (40%) of the estimated total connection fees must be paid to ACSD by the applicant for service lines that are to be stubbed off the main line into the specific parcels of this development. 14. The Applicant shall be required to show to the ACSD all service locations at the station numbers on the final utility plans for this development prior to building permit application. Additionally, the Applicant shall indicate to the ACSD if main line easements in the ROW are to be dedicated by plat or by description. 15. The Applicant shall record the approve i condominium (or planned community) subdivision plat for Parcels 1, 2, and 3 of AMPUD Lot 3 in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of its approval by the Community Development Director. Failure on the part of the Applicant to record the plat within one hundred eighty (180) days following approval by the Community Development Director shall render the plat invalid and a new application and approval will be required. 16. The Applicant shall record a PUD Agreement and the Final PUD Plans within 180 days of the final approval by City Council with the Pitkin County Clerk and Recorder binding this property to this development approval. 17. The development of the free market single-family dwellings proposed for Parcels 4 - 8 of AMPUD Lot 3 shall be subject to a site and design specific 8040 Greenline Review prior to their development. These Parcels shall only be required to respond to review standards III IAlll IIITKI~II I I IIII IIII II I II II a 0 66p~011:46F 26.68.030 (C)(3) and 26.68.030 (C)(7); this resolution approves Parcels 4- 8 regarding 8040 Greenline Review Standards 26.68.030 (C)(1, 2, 4, 5, 6, 8, 9, 10, and 11) thereby precluding any further review of the same standards as indicated. 18. The owner of each parcel shall pay the required School Land Dedication Fee to the City of Aspen, which is due and payable at the time of building permit application for the development of its parcel. This fee shall be assessed at the rate of the regulations and calculations in effect at the time of the building permit application. 19. The owner of each parcel shall pay the required Park Development Impact Fee to the City of Aspen, which is due and payable at the time of building permit application for the development of its parcel. This fee shall be assessed at the rate of the regulations and calculations in effect at the time of the building permit application. 20. The Applicant shall record the appropriate deed restrictions for Parcel 9, containing the six-space enclosed parking garage, requiring that the lot remain for parking purposes only as part of the Summit Place Condominiums project. 21. It is understood that upon approval of this Final PUD, all remaining residential credits associated with the AMPUD are hereby extinguished. 22. The Applicant shall be required to submit detailed "cut sheets" for the proposed lights on Lot 3 AMPUD indicating the correct lumens on the lighting plan as part of the detailed building set to be examined during building permit review. 23. The Applicant shall work closely with the City of Aspen Engineering Department to ensure the access point from Parcel 1 on Lot 3 adequately provides for a lefr turn onto South Mill Street. 24. While,the development proposal meets virtually all of the proposed underlying L/TR and Conservation zone districts' dimensional requirements, this Ordinance approves the following modifications of the dimensional requirements: a. Maximum Lot Size for Parcel 3 is 15,170 sq. fr. b. Maximum Lot Size for Parcel 4 is 12,278 sq. fr. c. Maximum Lot Size for Parcel 5 is 10,593 sq. fr. d. Maximum Lot Size for Parcel 6 is 9,825 sq. ft. e. Maximum Lot Size for Parcel 7 is 17,669 sq. fr. f Maximum Lot Size for Parcel 8 is 18,756 sq. fr. g. Minimum Lot Size for Parcel 9 is 2,745 sq. fr. h. Minimum Lot Size for Open Space Parcel B is 49,446 sq. fr. i. Minimum Front Yard Setback for Parcel 9 is 8 feet j. Minimum East Side Yard Setback for Parcel 9 is 3 feet k. Minimum West Side Yard Setback for Parcel 9 is 3 feet 1. Minimum Rear Yard Setback for Parcel 9 is 3 feet I I~ I I I I IIIIIIIII IIIII'u.i466392 ~ I I I II II IIII~ I ~yi 04/19/2002 11 46f SILVIP DAMS PITKIN COUNTY CO 35 00 D 0 00 Section 3 All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awazded, whether in public hearing or documentation presented before 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 an authorized entity. Section 4 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 ~ 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 sepazate, distinct and independent provision and shall not affect the validity of the remaining portions thereof Section 6 A public hearing on this Ordinance was held on the 11~' day of Mazch at 5:00 pm in the Council Chambers Room, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulatic:~ within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 25a' day of February, 2002. :~,,~. ;,~~.~ . ;,~~ }{~{: ,`\,~ ',t J~~ ... <.K~th~~S:. _ h, City Clerk Helen alin de ud, Mayor `~. FINALLh, adopted, passed and approved this 11 ~' Day of Mazch, 2002. ` ,. ~.~; ~..:~ App oved:as to form: ~. ~ ::^ . 01~dTCestor, City Attorney t. r RESOLUTION No. 6 SERIES OF 2002 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMISSION RECOMMENDING APPROVAL OF THE FINAL PLANNED UNIT DEVELOPMENT APPLICATION INCLUDING SUBDIVISION, CONDOMINIUMIZATION, MOUNTAIN VIEW PLANE, SPECIAL REVIEW, GROWTH MANAGEMENT QUOTA EXEMPTIONS (GMQS), 8040 GREENLINE REVIEW, AND REZONING FOR THE TOP OF MILL SITE TO LODGE /TOURIST RESIDENTIAL PUD AND CONSERVATION, LOT 3 OF THE ASPEN MOUNTAIN PUD, CITY AND TOWNSITE OF ASPEN, PITHIN COUNTY,COLORADO PARCEL NO. 2737-182-85-003 WHEREAS, the Community Development Department received an application from Top of Mill Investors, LLC c/o Four Peaks Development, LLC (Applicant), represented by Vann Associates, requesting Final Planned Unit Development (PUD) approval for Lot 3 of the Aspen Mountain PUD (hereinafter "AMPUD"); and WHEREAS, Top of Mill Investors, LLC c/o Four Peaks Development, LLC requested specific land use approvals as part of the Final PUD including Final PUD Development Plan, Subdivision, Condominiumization, Mountain View Plane, Special Review, GMQS Exemption, 8040 Greenline Review, and Rezoning; and WHEREAS, Savanah Limited Partnership, owner at the time of Lot 3 of AMPUD, received Conceptual PUD approval from City Council for AMPUD on December 6, 1999 which is memorialized through Resolution No. 93, Series of 1999; and WHEREAS, Top of Mill Investors, LLC, received an Amended Conceptual Approval from City Council for Lot 3 AMPUD on May 29, 2001 which is memorialized through Resolution No. 50, Series 2001; and WHEREAS, the Housing Office, the City Zoning Officer, the City Engineer, the Parks Department, Aspen Consolidated Sanitation District, the Environmental Health Department, the City Fire Department, the City Streets Department, the City Parking Department, the City Water Department, and the City Electric Department reviewed the development proposal for Lot 3 and provided written referral comments as a result of the Development Review Committee meeting; and WHEREAS, the Applicant appropriately applied for specific land use approvals pursuant to the June 1996 reprint of Title 26, Land Use Regulations, of the 1995 Aspen Municipal Code for the Final PUD for Lot 5 AMPUD including Final PUD Development Plan, Subdivision, Condominiumization, Mountain View Plane, Special Review, Growth Management Quota Exemptions, 8040 Greenline Review, and Rezoning; and ,, WHEREAS, pursuant to Section 26.304.060 of the Land Use Code, and in consultation with the applicant, the Community Development Director has permitted a modification in review procedures to combine the Condominiumization, Mountain View Plane, Special Review, and 8040 Greenline Review with the Planned Unit Development, Subdivision, and Growth Management Quota Exemptions review for the purposes of ensuring economy of time and clazity; and WHEREAS, such review procedure modification has not lessened any public hearing noticing or any scrutiny of the project as would otherwise be required; and, WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standazds, the Community Development Director recommended approval of the Final Aspen Mountain PUD land use requests for Lot 3 with conditions; and WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public heazing; and WHEREAS, the City of Aspen Planning and Zoning Commission fmds 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 forwarded a recommendation of approval to the City Council, by a vote of four to one (4 - 1), Final PUD Development Plan, Subdivision, Condominiumization, Mountain View Plane, Special Review, GMQS Exemption, 8040 Greenline Review, and Rezoning for Lot 3 AMPUD; and WHEREAS, this Resolution No. 6, Series of 2002, as adopted, incorporates all the relative and applicable conditions of approval formerly contained in Resolution No. 93, Series of 1999 granting Conceptual PUD Approval to Lot 3 AMPUD by City Council and Resolution No. 50, Series of 2001 granting Amended Conceptual PUD Approval to Lot 3 AMPUD by City Council thereby allowing this resolution to supersede those resolutions regarding the conditions of approval as stated herein; and WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfaze. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO ON THIS STn DAY OF FEBRUARY 2002, THAT: ~,,. \..,,. s Section 1 Pursuant to this resolution and consistent with condition no. 3, of Resolution No. 93, Series of 1999, the Planning and Zoning Commission recommends City Council approve the allowable FAR for each Lot 3 parcel and allocated as shown in the matrix below. 27 6,200 to Section 2 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the requests for the Final PUD including Final PUD Development Plan, Subdivision, Condominiumization, Mountain View Plane, Special Review, GMQS Exemption, 8040 Greenline Review, and Rezoning for Lot 3 of the Aspen Mountain PUD is recommended for approved with the following conditions stated herein. 1. The development shall comply with the most recent municipal engineering practice standards and the "Best Management Practices" (BMPs) identified for water quality control requirements. 2. The Applicant shall meet with the Housing Authority Staff to readdress the type of units of the four (4) deed-restricted multi-family housing units on Parcel 2 to see if one or both of the duplex units could be converted into one-bedroom and/or two-bedroom type units while still meeting the bedroom and square footage requirements under the Multifamily Housing Replacement Program and the other requirements stated in the Code (specifically the parking requirement). Should it not be possible to change the unit type, Staff would recommend that the applicant meet with Housing Authority Staff to maintain the average of the Category 2, but to price one of the three bedroom units between Category 1 and 2, and to price the 4-bedroom unit between Category 2 and 3, and market as a Category 3. Three of the units on Parcel 2 shall be distributed and sold under the general lottery through the Housing Office. The Applicant shall be able to choose a buyer for one of the units. However, the buyer must be a fully qualified employee under the category for the unit chosen by the applicant; i.e., the potential buyer must meet income and asset requirements, meet minimum occupancy, not own any other property in the Roaring Fork Drainage System, and have worked in Pitkin County 1500 hours per year for the last four years. 4. The Applicant shall submit Infrastructure and Removal of Fill Material Permits for Lot 3 AMPUD within 30 (30) days afrer recordation of all Final PUD documents. The r 1..,. / Applicant may submit building permit applications at the Applicant's discretion, but no sooner than the issuance of a building permit for the Bavarian Inn affordable housing project. The Applicant shall be eligible for a Certificate of Occupancy for the free market multi-family units on Parcel 1 only after a Certificate of Occupancy has been issued for the affordable housing units on Parcel 2. The Applicant shall be eligible for a Certificate of Occupancy for the Free Market Duplex on Parcel 3 and the single-family units to be constructed 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 full payment of the applicable affordable housing impact fee. 5. The accessory dwelling units (for Parcels 4 - 8) shall abide by the regulations in the Land Use Code in effect at the time of building permit application and further defined in the Aspen/Pitkin County Housing Guidelines. Should an accessory dwelling unit not be provided on Parcels 4 through 8, a payment-in-lieu fee shall be provided in the amount required in the Guidelines at the time of building permit approval. 6. At the time of Certificate of Occupancy, a site visit shall be conducted on the deed- restricted units. 7. Since the "for-sale" affordable housing units are to be developed on a separate parcel, Parcel 2, a separate homeowner's association shall be established for the affordable housing portion of the development. 8. The Applicant shall include appropriate language in the Final PUD Agreement for Lot 3 and it's associated condominium documentation regarding the separate homeowner's association for Lot 3 (to be reviewed and approved by Staff) that ensures that the four (4) "for-sale" affordable housing units, to be developed on Parcel 2, shall comply with the representations made in the application, adhere to the conditions of this Final PUD Approval, and comply with the required deed restrictions as administered by the Aspen / Pitkin County Housing Authority so that the owners of said units shall not be unduly burdened by a disproportionate share of responsibilities associated with the master homeowner's association or other homeowner associations established for the free market residences on Lots 1 and 3 - 8. 9. The Applicant shall submit erosion control plans including potential natural resource protection structures and a detailed plan for irrigation systems and other plantings with in the City of Aspen right of way to the Parks Department for approval prior to the application of building permits. 10. The Applicant shall construct the "Aspen Mountain Trail" which traverses the adjacent Open Space Parcel "B" according to City of Aspen standards during the completion of this project. This trail improvement shall meet engineering specifications as defined by the City of Aspen Parks Department including a crusher fines trail surface, a width of four feet, a trail sign located at the entrance of each trail identifying trail name and public access, and the sign shall be designed and built to match the character of the neighborhood. The Applicant shall submit a detailed plan for trail design and drainage. Parks Department requests the applicant field stake the trail. The Applicant shall be required to have the trail improvement completed and inspected to the satisfaction of the ~. A Parks Department prior to the receipt of a Certificate of Occupancy for the free market triplexes on Parcel 1. ] 1. The Applicant shall formally establish the Top of Mill Trail across Lot 3 AMPUD. This trail shall have a legal description, be shown on the Final Plat, and be dedicated/conveyed to the City of Aspen. Further, the Applicant shall memorialize in the Final PUD / Subdivision Agreement for Lot 3 and associated condominium documentations, the obligation by the master homeowner's association or Applicant to improve the eastern portion of the Top of Mill Trail, at such time the connection is realized, pursuant to the Parks Department's design criteria. If the trail has not been improved to the satisfaction of the Parks Department within 5 years of the recordation of the Final Plat for AMPUD Lot 3, the master homeowner's association for Lot 3 shall make a cash payment to the City of Aspen equal to a sum defined by the Parks Department for the improvement of the trail. 12. The Applicant shall install fire sprinklers and alarm systems in all the proposed buildings on Lot 3 as required by the City of Aspen Fire Marshal. The Applicant shall use appropriate "booster pumps" (if required) rather than pressure tanks for the sprinkler system to gain the necessary water pressure as required by the City Fire Department. In addition, the Applicant shall submit a fire safety plan for the demolition of the existing structures and the construction of the proposed development of Lot 3to the Engineering Department at the time of building permit application. 13. The Applicant shall execute a "Line Extension Request" and a "Collection System Agreement" with ASCD prior to building permit application. In addition, forty percent (40%) of the estimated total connection fees must be paid to ACSD by the applicant for service lines that are to be stubbed off the main line into the specific parcels of this development. 14. The Applicant shall be required to show to the Aspen Consolidated Sanitation District all service locations at the station numbers on the final utility plans for this development. Prior to building permit application. Additionally, the Applicant shall indicate to the Aspen Consolidated Sanitation District if main line easements in the ROW are to be dedicated by plat or by description. 15. The Applicant shall record the approved condominium subdivision plat for Parcels 1, 2, and 3 of AMPUD Lot 3 in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of its approval by the Community Development Director. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the Community Development Director shall render the plat invalid and a new application and approval will be required. 16. The Applicant shall record a PUD Agreement and the Final PUD Plans within 180 days of the final approval by City Council with the Pitkin County Clerk and Recorder binding this property to this development approval. 17. The development of the free market single-family dwellings proposed for Parcels 4 - 8 of AMPUD Lot 3 shall be subject to a site and design specific 8040 Greenline Review prior to their development. These Parcels shall only be required to respond to review standards ~. ~, ti... ..: 26.68.030 (C)(3) and 26.68.030 (C)(7); this resolution recommends approval for Parcels 4- 8 regarding 8040 Greenline Review Standards 26.68.030 (C)(1, 2, 4, 5, 6, 8, 9, 10, and 11) thereby precluding any further review of the same standards as indicated. 18. The Applicant shall pay the required School Land Dedication Fee to the City of Aspen, which is due and payable at the time of building permit application for the development. This fee shall be assessed at the rate of the regulations and calculations in effect at the time of the building permit application. 19. The Applicant shall pay the required Park Development Impact Fee to the City of Aspen, which is due and payable at the time of building permit application for the development. This fee shall be assessed at the rate of the regulations and calculations in effect at the time of the building permit application. 20. The Applicant shall record the appropriate deed restrictions for Parcel 9, containing the six-space enclosed parking garage, requiring that the lot remain For parking purposes only as part of the Summit Place Condominiums project. 21. It is understood that upon approval of this Final PUD, all remaining residential credits associated with the Aspen Mountain PUD are hereby extinguished. 22. The Applicant shall be required to submit detailed "cut sheets" for the proposed lights on Lot 3 AMPUD indicating the con•ect lumens on the lighting plan as part of the detailed building set to be examined during building permit review. 23. The Applicant shall work closely with the City of Aspen Engineering Department to ensure the access point from Parcel 1 on Lot 3 adequately provides for a left tum onto South Mill Street. 24. While the development proposal meets virtually all of the proposed underlying L/TR and Conservation zone districts' dimensional requirements, this resolution recommends approval for varying the following dimensional requirements: a. Maximum Lot Size for Parcel 3 is 15,598 sq. ft. b. Maximum Lot Size for Parcel 4 is 12,182 sq. ft. c. Maximum Lot Size for Parcel 5 is 10,416 sq. ft. d. Maximum Lot Size for Parcel 6 is 10,232 sq. ft. e. Maximum Lot Size for Parcel 7 is 17,914 sq. ft. f Maximum Lot Size for Parcel 8 is 19,048 sq. ft. g. Minimum Lot Size for Parcel 9 is 2,794 sq. ft. h. Minimum Lot Size for Open Space Parcel B is 49,219 sq. ft. i. Minimum Front Yard Setback for Parcel 9 is 8 feet j. Minimum East Side Yard Setback for Parcel 9 is 3 feet k. Minimum West Side Yard Setback for Parcel 9 is 3 feet 1. Minimum Rear Yard Setback for Parcel 9 is 3 feet ,. v.... I Section 3 All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awazded, whether in public hearing or documentation presented before the Planning and Zoning Commission, 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 4 This Resolution (Resolution No. 6, Series of 2002) 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 5 If any section, subsection, sentence, clause, phrase, or portion of this Resolution (Resolution No. 6, Series of 2002) is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a sepazate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 6 A public hearing on this Resolution was held on the 15~' day of January and continued to February 5, 2002 at 4:30 in the Sister Cities Room, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. APPROVED by the Commission at its regular meeting on January 15, continued to February 5, 2002. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jasmine Tygre, Chair Jackie Lothian, Deputy City Clerk