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HomeMy WebLinkAboutordinance.council.052-01 ORDINANCE No. 52 SERIES OF 2001 AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE FINAL PLANNED UNIT DEVELOPMENT APPLICATION INCLUDING SUBDIVISION, CONDOMINIUMIZATION, CONDITIONAL USE FOR TIMESHARE, MOUNTAIN VIEW PLANE, SPECIAL REVIEW, AND GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION (GMQS) FOR THE GRAND ASPEN SITE, LOT 5 OF THE ASPEN MOUNTAIN PUD, CITY AND TOWNSiTE OF ASPEN, PITKIN COUNTY, COLORADO PARCEL NO. 2 73 7-182-85-005 WHEREAS, the Community Development Department received an application from Grand Aspen Lodging, LLC c/o Four Peaks Development, LLC (Applicant), represented by Vaun Associates, requesting Final Planned Unit Development (PUD) approval for Lot 5 of the Aspen Mountain PUD (hereinafter "AMPUD"); and WHEREAS, Grand Aspen Lodging, LLC c/o Four Peaks Development, LLC requested specific land use approvals as part of the Final PUD which consists of Final PUD Development Plan, Subdivision, Condominiumization, Timeshare, Conditional Use, Mountain View Plane, Special Review, and GMQS Exemptions; and WHEREAS, Savanah Limited Partnership, owner at the time of Lot 5 of AMPUD, received Conceptual PUD approval for AMPUD on December 6, 1999 which is memorialized through Resolution No. l 11, Series of 1999; and · WHEREAS, pursuant to Resolution No. 47, Series 2001, Amended Conceptual PUD Approval was obtained for Lot 5 AMPUD on May 29, 2001; and WHEREAS, Resolution No. 47, Series of 2001 erroneously identified Top of Mill Investors, LLC, as the owner at the time of Lot 5 AMPUD rather than the Applicant, Grand Aspen Lodging, LLC who was the owner at the time of Lot 5 AMPUD; and WHEREAS, the Aspen / Pitkin County Housing Office, the City Zoning Officer, the City Engineer, the Parks Department, Aspen Consolidated Waste 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 5 AMPUD and provided written referral comments to the Community Development Department 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, Mountain View Plane, Special Review; and Page: 1 of 9 02/27/2002 lI:5tg SlLVlA DAVIS PlTKIN COUNTY CO R 45.00 D 0.00 W}IEREAS, the Applicant appropriately 'applied for Conditional Use (Section 26.425 of the Land Use Code dated 2/4/02), Timeshare (Section 26.590 of the Land Use Code dated 2/4/02), and Condominiumization (Section 26.480 of the Land Use Code dated 2/4/02) for Lot 5 AMI)L~; and WItEREAS, 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 Conditional Use, Timeshare, Special Review, Mountain View Plane, and condominiumization with the Planned Unit Development, Subdivision, and Growth Management Quota Exemptions (GMQS) review for the purposes of ensuring economy of time and clarity; and WItEREAS, such review procedure modification has not lessened any public heating 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 standards, the Community Development Department recommended approval of the Final Aspen Mountain PUD land use requests for Lot 5 with conditions; and WHEREAS, the Planning and Zoning Commission forwarded a recommendation of approval to the City Council via Resolution No. 45, Series 2001, by a vote of five to zero (5 - 0), Final Planned Unit Development Application including Subdivision, Condominiumization, 'Conditional Use for Timeshare, Mountain View Plane, Special Review, and Growth Management Quota Exemptions (GMQS) for the Grand Aspen Site, Lot 5 of the Aspen Mountain PUD; 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 D/rector, the Planning and Zoning Commission, the Aspen / Pitkin County Housing Authority, the applicable referral agencies, and has taken and considered pubhc comment at a public heating; and WHEREAS, the City of Aspen City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent w/th the goals and elements of the Aspen Area Community Plan; and WHEREAS, the City of Aspen City Council approved, by a :vote of five to zero (5 - 0), Final Planned Unit Development Application including Subdivision, Condominiumization, Conditional Use for Timeshare, Mountain View Plane, Special Review, and Growth Management Quota Exemptions (GMQS) for the Grand Aspen Site, Lot 5 of the Aspen Mountain PUD; and WItEREAS, this Ordinance No. 52, Series of 2001, as adopted, incorporates ail the relative and applicable conditions of approval formerly contained in Resolution No. 111, Series of 1999 granting Conceptual PUD Approval to Lot 5 AMPUD by City Council and Page: 2 o~' 02/27/2002 SILYTI:I DIclVIS PITKIN COUNTY CO R 45.00 D ~.00 Resolution No. 47, Series of 2001 granting Amended Conceptual PUD Approval to Lot 5 AMPUD by City Council thereby allowing this ordinance to supersede those Resolutions regarding the conditions of approval as stated herein; and WHEREAS, the City of Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY TIlE ASPEN CITY: COUNCIL AS FOLLOWS: Section 1 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, Timeshare, Conditional Use, Mountain View Plane, Special Review, and GMQS Exemptions for Lot 5 of the Aspen Mountain PUD is approved with the following conditions stated herein. 1. The City Council hereby approves a variance from timeshare standard 26.590.010(C)(3) Integration, allowing the Applicant to specifically exclude the 9 affordable housing units from being integrated in the fractional ownership plan as these units will be owned, deed-restricted, and rented by the Applicant in accordance with the Aspen / Pitkin County Housing Authority (APCHA) guidelines. 2. The City Council hereby approves a variance from timeshare standard 26.590.010(C)(6)(a) Maintenance, allowing the Applicant to vary the maintenance plan standard such that the Applicant wilt have a priority right to reserve at least one week and a maximum of four weeks per year for maintenance and repair on the units. 3. The City Council hereby approves a variance from timeshare standard 26.590.010(C)(14) Right to Rescind allowing the Applicant employ a five (5) day rescission period with respect to the purchase of a fractional ownership interest consistent with the Colorado Revised Statutes. 4. The City Council hereby approves a variance from timeshare standard 26.590.010(C)(15) Escrow of Deposits allowing the Applicant the additional flexibility of posting a "letter of credit" or "bond" consistent with Colorado Real Estate Commission requirements. 5. The City Council hereby approves a variance from the timeshare standard 26.590.010(C)(2)(c)(1) whereby the Applicant shall not be required to adhere to the $100.00 Gift-Giving Limit regarding inducements to prospective purchasers to attend a sales presentation or to purchase timeshare estates. 6. The City Council hereby approves a variance from the timeshare standard 26.590.010(C)(1) whereby the Applicant shall not be required to pay to the City of Aspen a sum of twenty thousand dollars ($20,000.00) cash or a twenty Page: 3 of ct 02/27/2002 11 SILVIA DAVIS PITKIN COUNTY CO R 45.00 D 0.00 thousand dollar ($20,000.00) irrevocable letter of credit ensuring the Applicant does not deviate from the proposed marketing plan. 7. That the Applicant shall record the approved condominium subdivision plat in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of its approval by the Community Development Director; said plat to be submitted to the Community Development Department for review upon substantial completion of construction. Failur~ 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 for the plat will be required. 8. The Applicant shall record a PUD Agreement and the Final PUD Plans within 180 days of the final approval by City Council of Lot 5 of the Aspen Mountain PUD with the Pitkin County Clerk and Recorder binding this property to this development approval. The PUD Agreement and Plan shall include the following information: a. The information required to be included in a PUD Agreement, pursuant to Section 26.84.040 of the June 1996 reprint of Title 26, Land Use Regulations, of the 1995 Aspen Municipal Code. b. A final plat meeting the requirements of the City Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements, and location of utility pedestals. c. An illustrative site plan of the project showing the proposed improvements, landscaping, parking, and the dimensional requirements as approved. d. A drawing representing the project's architectural character. 9. The following dimensional requirements of the PUD are approved and shall be printed on the Final Illustrative Plan. '(Units measured in feet or square feet): 6,000 sq. ft. I bedroom / 1,000 sq. ft. 60 feet 10 feet 5 feet 10 feet 28 feet 10 feet 25 % 1:1 Free market units require 2 spaces per dwelling unit; AH is set through Special review at 1 space per one bedroom unit Page: 4 of g 02/27/2002 1~:52~ $ILVIA DAVIS PZTKIN COUNTY CO R 45.88 D 0.0¢ *The requested height modification shall be consistent with the approved "Natural Grade Height Analysis" recorded as part of the Amended Final Plat of Lot 5, Aspen Mountain Subdivision/PUD. **This number is figured on net lot area as calculated in the PUD section of the Staff Findings regarding open space. 10. The building permit application for Lot 5 shall include: a. A copy of the final Ordinance. b. The conditions of approval printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. In the event required, a tree removal permit from the City Parks Department and any approval from the Parks Department Director for off-site replacement or mitigation of removed trees. e. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will. be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. f. A management plan for construction parking, traffic, and noise and said plan shall consider neighborhood concerns. 11. The building permit plans shall demonstrate an adequate fire sprinkler system and alarm system for the new buildings as required by the Aspen Fire Marshal. 12. The service / delivery area shall be provided with a means of precluding vehicles from turning left onto South Mill Street. Time limitations for deliveries shall be set, and a plan indicating how delivery vehicles will maneuver to enter to enter the loading docks shall also be provided to the Engineering Department. All service / delivery functions shall comply with the regulations currently in effect, as may be amended from time to time. 13. The proposed building mass and related impermeable surface layout will closely conform with the final outcome of the Aspen Mountain Drainage Basin Master Plan (AMDBMP) design and construction criteria. It shall be the Applicant's or its successor's and assign's responsibility to fully comply with the drainage criteria and perform within the parameters set forth in the report. 14. Prior to issuance of a building permit the primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood and all tap fees, impacts fees, and building permit fees shall be paid. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. 15. The Applicant shall convey an undivided fractional interest (one tenth of 0.1%) in the ownership of the deed restricted affordable housing to the Asper/Pitkin County Housing Authority for the purposes of complying with the recent Colorado Supreme Court Decision regarding rent control legislation. Prior or subsequent to this conveyance, the Applicant may submit an alternative option to satisfy the rent control issue acceptable to the City Attorney. 16. The Applicant shall indemnify and hold harmless the Aspen/Pitkin County Housing Authority and City of Aspen from any claims, liability, fees or similar charges related to ownership in the deed restricted affordable housing units. 17. The Applicant shall complete and record the deed restriction for the 9 affordable housing units prior to application for certification for occupancy. 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 thc rate of the regulations and calculations in effect at the time of the building permit application. 20. The affordable housing mitigation for Lot 5 shall be for 40.9 net new employees and shall be provided as follows: a. The Applicant shall provide 9 on-site deed restricted affordable housing units to have the net livable area as follows and as depicted on the site plan represented in the Final PUD Application to mitigate for 15.75 employees: 1. Unit #1 & #2 = 1-bedroom with a minimum of 634 sq. ft. 2. Unit #3 through #8 = 1-bedroom with a minimum of 665 sq. ft. 3. Unit #9 -- 1-bedroom bedroom with a minimum of 817 sq. ft. b. The Applicant shall provide affordable housing mitigation for 13 employees to be housed in the Bavahan Inn affordable housing project; c. The Applicant shall make a payment of cash-in-lieu to the Aspen / Pitkin County Housing Authority for 12.15 employees to be paid at the time of building permit application and as recommended by the Aspen / Pitkin County Housing Authority at a regular meeting held on November 7th, 2001. This fee shall be assessed at the rate of the regulations and calculations in effect at the time of the building permit application. Page: 6 of 9 21. The Applicant shall be required to purchase and make available at all times valley bus passes for all employees not housed on-site. 22. The Applicant shall provide a total of 111 off-street parking spaces in the represented sub-grade garage (2 for each of the 51 residential units for a total of 102 spaces as required under the L/TR zone district and 1 for each of the on-site affordable housing units for a total of 9 spaces); and 9 spaces to be located on west side of South Galena Street adjacent to Lot 5 AMPUD to replace the 9 spaces on Dean Street. They shall be signed as appropriate by the City Streets Department at the Applicant's expense for use of the Silver Circle Ice Rink patrons. 23. The Applicant shall consult the Environmental Health Department for review and approval of pool and spa plans and specifications (complete with piping layout, equipment and mechanical specifications along with design calculations) at least 30 days before issuance of a building permit. 24. The Applicant shall contact the Aspen Consolidated Sanitation District for their recommendation on the proper size of the grease trap. The City of Aspen regulates restaurant grills and the Applicant shall contact the Environmental Health Department to be sure that if a grill is planned, that it Complies with City code. 25. The developer shall provide a letter of credit or sufficient cash to the City of Aspen in an amount to be determined by the City Engineering Department to ensure that if any of the surrounding roads are damaged as a result of the development on Lot 5, they will be responsible for fixing the damaged areas. 26. All unsold units that are not used by the Applicant for exchange, marketing or promotional purposes shall be made available for short-term rent until purchased. This condition shall also be included in the PUD and Subdivision Agreements to be recorded in the Pitkin County Clerk and Recorder's office. 27. Nothing in the timeshare documents shall prohibit short-term rentals or occupancy. It is the intent of this condition that the non-deed restricted units shall be available for short-term rental purposes when not occupied by the purchaser or its guests or utilized for exchange programs. 28. The City Finance Department, City Manager's Office, and the Applicant have completed and agreed upon an analysis that determined the projected sales tax loss to be incurred with this project. Moreover, this analysis requires, and the Applicant agrees, that a Timeshare Impact Fee (TIF) equal to $4,022.00 per Timeshare interest shall be paid to the City of Aspen on the initial sale of every interest sold in this project. The City will collect this impact fee as these 1,020 interests are sold thereby concurrently paying for the incremental impacts generated fi.om development. The resale of Timeshare interests shall be exempt fi.om the Timeshare Impact Fee. $ILVltl DnVrs PITKIN COUNTY C9 R 45.00 13 O.OO ' 29. That the Applicant shall include appropriate language in the Final PUD A~'eement for Lot 5 and it's associated condominium documentation regarding the homeowner's association for Lot 5 (to be reviewed and approved by Staff) that ensures that the 9 "rented" AH units 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 renters of said units shall not be unduly burdened by a disproportionate share of responsibilities associated with the ownership of these units. Section 2.'. All material representations and commitments made by the Applicant pursuant to the development proposal approvals as hcn'ein awarded, whether in public heating or documentation presented before the City of 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 3: This Ordinance (Ordinance No. 52, Series of 2001) shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance (Ordinance No. 52, Series of 2001) is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A public hearing on this Ordinance (Ordinance No. 52, Series of 2001) was held on the 14th . day of January and continued to January 28th, 2002, at 5:00 PM in the City Council Chambers, 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 17th day of December, 2001. Attest: 'KathrYn ~. I~ch, City Clerk Helen K~d'~-rh~, M~yo~''~ Page: ;5 of 9 02/27/2002 11. :51.~: SlLVIA DAVIS PI?KIN COUNTY CO R 45.00 O ~.00 FINALLY, adopted, passed and approved this 28th Day of January, 2002. Attest: ~ Kathryn S. ~/ch, City Clerk ~ Approved as to form: ~J-0~'~Worc~ester, City Attorney Page: 9 of 02/27/2002 $ILVIA DRVI$ PITKIN COUNTY CO R 45.~0 O ~.00