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1 OF 4, R $26.00 Doc Code ORDINANCE 11:01:23 AM,
Janice K.Vas Caudill, Pitkin County, CO 1 OF 4, R $26.00 Doc Code ORDINANCE
Ordinance No. 44 Janice K.Vos Caudill, Pitkin County, CO
(Series of 2013)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A
PUD—OTHER AMENDMENT FOR THE ST.REGIS HOTEL PROPERTY
DESCRIBED AS PART OF THE ASPEN MOUNTAIN PUD SUBDIVISION,BEING
A PARCEL OF LAND COMMONLY DESCRIBED AS 315 E. DEAN ST., CITY AND
TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2737-182-85-033
WHEREAS, the Community Development Department received an application
from 315 East Dean Associates, Inc., represented by Alan Richman, requesting a
recommendation of approval for a PUD — Other Amendment at the St. Regis Hotel,
located at 315 E. Dean St.; and,
WHEREAS, the subject property is zoned Lodge (L) with a Planned Unit
Development (PUD) overlay; and,
WHEREAS, City Council formerly adopted Ordinance No. 25, Series of 2003,
which approved a PUD Amendment for the subject site and awarded Vested Property
Rights status for the conversion of 98 hotel units into 24 timeshare lodge units; and,
WHEREAS, the applicant has requested a PUD Amendment to the Aspen
Mountain PUD to remove specific language in Ordinance No. 25, Series of 2003
requiring the St. Regis Hotel to remain open year-round; and,
WHEREAS, pursuant to Section 26.445.100 Amendment of PUD development
order of the Land Use Code, Planning and Zoning Commission may review the
applicant's request and in this case may make a recommendation to the City Council for
final decision; and,
WHEREAS, the Community Development Director has reviewed the application
and recommended approval of the applicant's request for a PUD — Other Amendment
that will remove the requirement requiring the St. Regis Hotel to remain open year-round,
and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the request under the applicable provisions of the Municipal Code as identified
herein, has reviewed and considered the recommendation of the Community Development
Director, and has taken and considered public comment at a public hearing held on
September 17, 2013 and recommended approval of the PUD Amendment by a vote of 5:0;
and
WHEREAS, the Aspen City Council finds that the PUD Amendment proposal
meets or exceeds all applicable development standards.
Ordinance No.44, Series of 2013
Page 1 of 3
WHEREAS, the City Council finds that this ordinance furthers and is necessary for the
promotion of public health, safety,and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY
COUNCIL AS FOLLOWS:
Section 1: General Development Approval
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, the City Council hereby approves the following land use reviews: PUD - Other
Amendment to amend the approvals granted via Ordinance No. 25, Series of 2003.
The amended site specific approval removes the following language, regarding the hotel
portion of the St. Regis Aspen Residence Club and Hotel Condominiums, found in
Section 1.10 of Ordinance No. 25, Series of 2003: "With this approval, the applicant shall
commit to having the St. Regis Hotel open for business year around."
Section 2•
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, 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 3•
This Ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 4•
If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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 shall be held on the 18th day of November, 2013, at a
meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers,
Aspen City Hall,Aspen,Colorado,a minimum of fifteen days prior to which hearing a public
notice of the same shall be published in a newspaper of general circulation within the City of
Aspen.
Ordinance No.44, Series of 2013
Page 2 of 3
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 15th day of October, 2013
Attest:
/f
JII � l
Kathryn S. Koch, City Clerk Skadron, ayor
FINALLY, adopted, passed and approved this 18th day of November,2013.
Attest:
Kath . Koch, City Clerk Steven Skadron, ayor
Approved as to form:
ity Attorney
Attached:
Exhibit A: Full legal description of property
Ordinance No.44, Series of 2013
Page 3 of 3
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EXHIBIT A
LEGAL DESCRIPTION
THE ASPEN RESIDENCE CLUB&HOTEL
LOT 1. FIRST AMENDED PLAT ASPEN MOUNTAIN SUBDIVISION AND PLANNED UNIT DEVELOPMENT,
ACCORDING TO THE PLAT THEREOF, RECORDED AND F7LF_D OCTOBER 3, 1988 IN PLAT BOOK 21 AT
PACE 35 AND AMENDMENTS THERETO FILED JULY 1, 1989 IN PLAT BOOK 22 AT PAGE 85,DECEMBER 28,
1990 IN PLAT BOOK 25 AT PAGE 49,OCTOBER 1, 1992 IN PLAT BOOK 29 AT PAGE 71,AND FEBRUARY 9,
1993 IN PLAT BOOK 30 AT PAGE 65. TOGETHER WITH THE NON-EXCLUSIVE EASEMENT FOR THE
PURPOSE OF PROVIDING VEHICULAR AND PEDFSTRIAN ACCESS. AS CREATED, DEFINED AND
ESTABLISHED BY EASEMENT AGREEMENT,RECORDED OCTOBER 4, 1989 IN BOOK 604 AT PAGE 184,HAS
BY THFSE PRESENTS LAID OUT,PLAT7FD,CREATED AND SUBDIVIDED THE SAME AS CONDOMINIUMS AS
SHOWN ON THIS MAP, UNDER THE NAME AND STYLE OF THE ASPEN RESIDENCE CLUB AND HOTEL
CONDOMINIUM MAP,INITIALLY CONSISTING OF 25 RESIDENTIAL UNITS HEREBY DESIGNATED AS CLUB
UN17S (AND FRACTIONAL OWNERSHIP UNITS UNDER THE CITY OF ASPEN MUNICIPAL CODE), ONE
COMMERCIAL UNIT AND ONE HOTEL UNIT AND HEREBY SUBMITS THF. RE4I, PROPERTY AND
IMPROVEMENTS THEREON TO THE DECLARATION AND PLAN OF CLUB OWNERSHIP FOR THE ASPEN
RESIDENCE CLUB AND HOTEL CONDOMINIUM,RECORDED JANUARY 21,2005,AT RECEPTION NO.506236,
AS MAY BE AMENDED FROM TIME TO TIME
COMMERCIAL UNIT ASPEN RESIDENCE CLUB&HOTEL
HOTEL UNIT,ASPEN RESIDENCE CLUB&HOTEL
UNIT B20,ASPEN RESIDENCE CLUB&HOTEL
UNIT B21,ASPEN RESIDENCE CLUB&HOTEL
UNIT B22,ASPEN RESIDENCE CLUB&HOTEL
UNIT B30,ASPEN RESIDENCE CLUB&HOTEL
UNIT B31,ASPEN RFSIDENCh.'CLUB&IIO'TPh
UNIT B32,ASPEN RESIDENCECLUB&HOTIiL
UNIT B33,ASPEN RESIDENCE CL UB&HOTEL
UNIT B34,ASPEN RESIDENCE CL UB&HOTEL
UNIT 335,ASPEN RESIDENCE CLUB&HOTEL
UNIT B40,ASPEN RESIDENCE CL UB&HOTEL
UNIT 341,ASPEN RESIDENCE CLUB&HOTEL
UNIT B42,ASPEN RESIDENCE CLUB&HOTEL
UNIT B43,ASPEN RESIDENCE CLUB&HOTEL
UNIT B44,ASPEN RESIDENCE CLUB&HOTEL
UNIT B45,ASPEN RESIDENCE CLUB&HOTEL
UNIT 350,ASPEN RESIDENCE CLUB&HOTEL
UNIT B51,ASPEN RESIDENCE CLUB&HOTEL
UNIT B52,ASPEN RESIDENCE.CLUB&HO'TE'L
UNIT B53,ASPEN RESIDENCE CL UB&HOTF_l,
UNIT 854,ASPEN RESIDENCE.CLUB&HOTEL
UNIT 355,ASPFN RESIDENCE,CLUB&HOTEL
UNIT B60,ASPEN RESIDENCE CLUB&HOTEL
UNIT B62,ASPL•N RESIDENCE CLUB&HOT'LL
UNIT B64,ASPEN RESIDENCE CLUB&HOTEL
UNIT 865,ASPEN RESIDENCE CLUB&HOTEL