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HomeMy WebLinkAboutcoa.lu.pu.Aspen Mt Pud Sec M.A042-02 (""":., CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY r A042-02 2735-123-08004 Aspen Mountain PUD Section M Amendments Fred Jarman/Joyce Ohlson Amendment to Ordinance Four Peaks Development 6/10/02 Ord. 15-2002 Approved 6/13/02 J. Lindt (\ n Ci.€. otlt.ls::>V) () n J;~ -ve.nM b'f (puvuJ] ~/IO/OL ORDINANCE No. 15 (SERIES OF 2002) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE SECTION M AMENDMENTS TO THE FIRST AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE ASPEN MOUNTAIN PUD/SUBDIVISION THEREBY GRANTING AN EXTENSION OF THE CONSTRUCTION DEADLINES, ASPEN, COLORADO. WHEREAS, on October 3,1988, City Council approved the Planned Unit Development /Subdivision Agreement for the Aspen Mountain Subdivision; and, WHEREAS, the Agreement defined a construction schedule for the development of the Aspen Mountain Subdivision (Lots 3 and Lot 5); and, WHEREAS, the Agreement has been amended several times as the construction schedule has been adjusted, (most recently pursuant to Ordinance # 8, Series of 1998, Ordinance #38, Series of 1999, and Ordinance #53, Series of2000); and, WHEREAS, Grand Aspen Lodging, LLC, represented by Four Peaks Development, purchased the property from Savanah Limited Liability Partnership on January 11, 2000; and, WHEREAS, Four Peaks Development, submitted a written petitions on April 26, 2002 and May 31, 2002, to the Community Development Director for City Council action pursuant to Section M of the First Amended and Restated Planned Unit Development/Subdivision Agreement ("PUD Agreement") for the Aspen Mountain Subdivision, seeking specific extensions in the construction schedule and some language modifications; and, WHEREAS, Four Peaks Development has provided in said petitions a rationale and justification for the requested Section M amendments, and, WHEREAS, pursuant to the Agreement and an amendment made thereto by Ordinance #38, Series of 1999, Savannah (owner of Lot 3 and Lot 5 prior to Grand Aspen Lodging, LLC) met the demolition permit application submission deadline of October I, 2000 for the demolition of the Grand Aspen Hotel; and, WHEREAS, the applicant has requested to extend the construction deadlines to be more in keeping with Four Peaks Development's projected construction timelines; and, WHEREAS, because of potential construction timing impacts that may result from a pending lawsuit (a circumstance beyond the control of the applicant), and a proposed PUD Amendment to the Bavarian Inn Affordable Housing PUD, the City Council finds it appropriate to extend construction and other related development dates; and, () n WHEREAS, Four Peaks Development wishes to move forward with the construction of all of the buildings on Parcel 2 (townhomes) of the Bavarian Inn Affordable Housing PUD project while a revised proposal for Parcel I (inn) of that project is processed by the City. The Parcel 2 element of the development will be referred to as "Phase I" of the project and Parcel I will hereinafter be referred to as "Phase II" of the project; and, WHEREAS, Four Peaks Development will proceed with recordation of the approved Bavarian PUD plan as reflected in Ordinance 21, Series 200 I, and future changes to Phase II will be processed as an amendment to those recorded documents; and, WHEREAS, the City of Aspen City Council, by a vote of five to zero (5 - 0), approved an amendment to the Section M Amendments of the First Amended and Restated Planned Unit Development/Subdivision Agreement ("PUD Agreement") for the Aspen Mountain Subdivision, seeking specific extensions in the construction schedule; and, WHEREAS, the City Council finds that this ordinance furthers and is necessary for the public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 The Aspen City Council does hereby amend the Section M amendments executed in June 1990, June 1991, August 1992, October 1992, February 1993, June 1995, February 1998, March 1998, September, 1999, and December 2000 to include the following "Whereas" statements: WHEREAS, Grand Aspen Lodging, LLC, represented by Four Peaks Development, purchased the property from Savanah Limited Liability Partnership on January II, 2000; and, WHEREAS, Four Peaks Development met the required demolition timetable for the former Grand Aspen Hotel as stated in the Section M Amendments; and, WHEREAS, after detailed investigation into remodeling the existing Bavarian Inn, Four Peaks Development determined that it is preferable to demolish the existing Bavarian Inn and rebuild a new structure on the existing foundation, or is willing to discuss with the City another mutually acceptable location on Parcel 2; and, WHEREAS, Four Peaks Development has submitted a Land Use application in April, 2002 to the City to gain approval to replace the existing Bavarian Inn with a new structure and the City Community Development Staff has requested amendments to the site plan of that project; and, WHEREAS, Four Peaks Development wishes to move forward with the construction of all of the buildings in Phase I of the Bavarian Inn Affordable Housing POD project while the proposal for the new Bavarian Inn is processed by the City. "Phase I" of the project will include the four units in "Building W", and the five units in "Building S" as labeled on the Final PUD Development Plan. PhaseU will hereinafter refer to those building(s) located on Parcel 2. 2 r--.. .~ j; Section 2 The Aspen City Council does hereby amend the 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, March 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 (180) 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 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 ofFill 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 Parcell Multi-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 II 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 3 f) all final Aspen Mountain PUD documents. However, should said permit fall within the months of December I st to March 31 st, 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 ofthe Chief Building Official. Section 3 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 4 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 5 This ordinance shall 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 hearing on the ordinance shall be held on the loth 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 13th day of May, 2002. Helen Kalin Klanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed, and approved this 10th day of June 2002. Helen Kalin Klanderud, Mayor 4 (\ ATTEST: Kathryn S. Koch, City Clerk () 5 f) () l' ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (El. ASPEN LAND USE CODE ADDRESS OF PROPERTY: 4-M ~u. ~ . ~rp c'f/()(A /!ien, CO SCHEDULED PUBLIC HEARING DATE: S0\ lA...o 10 ,200J.- , STATE OF COLORADO ) ) 55. County of Pitkin ) I, o~ ~ 0... ~ <, 1---1 \ LA c>)t- (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certl[~V that I have complied with the public notice requirements of Section 26304.060 (E) ul' the Aspen L,md Use Cude in tile' 1"liuwing manner: _Viwli,oUriO!l o/l/oticeo By the publicati,)n in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at kast [if teen (15) days prior to the public hearing. A copy o/rhe publicurion is ulluchedOzereroo Posring o/norice: By posting of notice, which [,nm was obtained frol~ the Commuhity. Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed ofletters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the ...f- day of ,200_, to and including the date and time oflthe public hearing. A photograph of the posted notice (sign) is attached hereto. _ idailing of notice . By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-govemmental agency that owns property vvithin three hundred (300) feet of the property subject to the development application. 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C015~:::: ~ u --"co 111 (fJ -I.;)~<! w '" ~ J: . . /- r"1 Bavarian Inn f""l "',/ Project Summary With Section M Revisions (phases 1 and 2) Proposed Phase 1: # of units* 1 TV1>e* SQ ft* Parcel 2: 8th Street multi family: 1 3bdrm TH 1,330 1 3bdrm TH 1,460 1 3bdrm TH 1,490 1 3bdrm TH 1,510 Main street Multi family: 1 1 bdrm flat 600 2 2 bdrm TH 1,040 2 3bdrm TH 1,324 Proposed Phase 2: # of units* TV1>e* SQ ft* Parcell Remodeled BI: 3 Studio 430 1 Studio 530 1 1 bdrm 570 1 2 bdrm 980 1 3 bdrm 1,170 1 3bdrm 1,160 Bleeker Street Duplex: 1 2 bdrm TH 1870 1 3 bdrm TH 11,312 * From Final PUD application dated 12/1/2000 submitted by Savanah. 2 ~ f\ (\ ! , ~, MEMORANDUM To: Mayor and City Council Thru: Julie Ann Woods, Community Development Director Joyce Allgaier Ohlson, Deputy Director From: Fred Jarman, Planner Date: June 10, 2002 Re: Ordinance No. 15, Series 2002: Amending Aspen Mountain PUD Development Dates--("Section M Amendments") - 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 are a formal part of the AMPUD approvals, outlining the demolition, permit application, construction, and certificate of occupancy dates regarding 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 Bavarian Inn site plan. r'1 n Four Peaks Development requests to move forward 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 are 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 stricken through. 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 a) Demolition Time Table: Commellcement to occur on or before :\pril Hi, 2001 mth completion no later than Jtl~Y 31, 2001. f.n initial meeting sllall occur between Sa'lannah and the adjacent neighbors by Jaffilary 31, 2000 to discllss the demolition process. [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. ;!b.)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. Stafffeels 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. QG.)Certificate of Occupancy: Within thirty (30) months after commencement of constructionissuance of a building permit, but no sooner than the receipt of a certificate 2 f) n 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. Stafffeels 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. ] ~ 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 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. J3uildin~~!l11it submittal for Phas.e I shall be made no L!!t<crJp.an June 24~ 2007-~ [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 M Amendments 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 requested by the Applicant.} ~ Staff Recommendation to City Council on this request: Deny request & keep currently adopted language modified to reflect the separation of the Bavarian into Phase 1 and II. c) ~rtificate of Occupancy Final Inspection for the Parcel 1 Multi-Family Free I Market Units: No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable housing units_QL!h~..~_!!.y_~i!'l!lJ!!!LAf.fQrs!~!?l.<;JiQl!gggr!JQ.P!'Qjces:!. [Staff I 3 1""\ n requested this change in language from "Co." to "Final Inspection" because CDs 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 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. [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 AH]. ~ Staff Recommendation to City Council on this request: Approve request. 3. Bavarian Inn Affordable Housing Project a.) Building Permit Application: Ph1!$e 1-~" buildigK.Jlel1!!i.Lf2I- Phas",..L(Pm:~~L.~..: !().~o.!!l~~..sh'!!Lbe .'IJldi~<:!.19Lno lat~.L"than Jl1ll~ 24L~_QQ~,Within ninety (90) days a&r-recordation of all final Bavarian Inn Affordable Housing Project PUD documents. b.) ~!!!Jdi!l.g. Permit Application: Phase 2-A .buildi!!K pelll!!t for Phas~_L(E'!f_c~U:inn.2 sh'!.ll.be '!2Pl!ed lQr wi~i.n nine!y__(201..Q'!YS..ilft~LreCord..'l!i.9.!L9f_~",p..<:!.ed P!2Q Q9SClJIIlents that reJect Phase 2 amendmen(~ppro~1!!~As recordation will be delayed while the new Bavarian Inn is processed, Pour Peaks Development would like the ability to get Phase I 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} ~ Staff Recommendation to City Council on this request: Approve request. <::,l.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 I st to Maryh 31 st th.en cqmmencementshall begin no later than by May 1st of that year. [The Applicant would like to move forward with Phase I 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} 4 ,-" ('1 ~ Staff Recommendation to City Council on this request: Approve request. 4l Certificate of Occupancy: Within eighteen (18) months of the date of commencement of construction as set forth in paragraph b. above. [Staff would like this language to be amended to include "and upon approval of the Chief Building Official. "J ~ Staff Recommendation to City Council on this request: Approve request as amended. Additional Staff Comments: Staffs main concern regarding 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 jeopardize the commitment made to the City of Aspen by Four Peaks Development to complete the Bavarian Inn affordable housing project in conjunction with Lot S, Staff remains concerned that if the new Grand Aspen is never realized, then the Bavarian Inn project would never be completed. Further, Staff finds 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. IS, Series of 2002. Recommended Motion: "I move to approve Ordinance No. IS, 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." S r". ......... City Manager Comments Attachments: Exhibit 1: Exhibit 2: Exhibit 3: Current Section M Amendments Ordinance No. 53, Series of2000 Applicant's petitions (Letters dated April 26 and May 31, 2002) 6 NOV-22-2000 WED 09:28 AM f) rilX NU, C~r..,~ ~.~ L.,...,{)'.>"""'}--' r, Q~/ 14 1'1 EXHIBIT 1 A.1.,1El'DED REQUEST FOR SECTION M AMENDMENT TO ASPEN . MO'f..,'NTAIN POD Submitted by Sav<lJ1ah Limited Partnership November 16,2000 This request to amend cerlain 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. f Savanah Limited Partnership and the City of Aspen have b~en engaged in the approval process for the final parcels contained in the PUD, Lots J (Top of the Mill) and 5 (the Grand Aspen Hotel) and rh~ Bavarian Inn for many months. Separate from that teview proc~ss but r~lated to it, Savanah and th~ City have agreed UpOrl a number of dates from time to time that relate to how arld wherl those three parc~ls would be processed. approved and built The most recent agreement on those dates is contairled in Ordinance 38 of 1999. When those dates were agreed to in September of 1999, both Savanah and the City had to estimate when conceptual and tirlal approvals for the three sires would be received. Given that estimate, other dates were then established for various building permits. cerlificates of occupancy, etc. on the three parcels. 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 date, i.e., December 6. 2000, to submit the final applications for each sito:), Given the complexity of the architectural and engineering work required for each final submission, Sav<lJ1ah will not be submitting the final approval applications until, or just before, December 6, 2000. Now that the final submission d<ltes are more accurately predicted, it can also be estim:lted that final approvals will not likely be received until sometime in the fall of 200 I. TIllS being the case, all of the dates contuined in Ordinance 38, with the exception of the Grand Aspen demolition date, are unattaln:1ble bY:1 wide m<lrgin. It should also be noted that each of the properlies in question are under contract for sale by Savannh. However, due to the unpredict:lbility of any such transaction, Savanah has been proceeding with all its various development consultants to process and prepare the final applications with all appropriate priorily to meet the December 2000 deadlines. NUV-i:i-iUUU WtU U~: i~ tin ~ eti" NU, n 2. 1. Section L oflhe PUD, Reconstruction Crcdits Section L of the PUD contains provisions relating to the use of reconstruction credits. Deadlines for using thcm have been extended throughout the processing of the pun, until such time as it becomes clear on how they might be implemented. The last time they were extended was in 1998 through Ordinance 8. A/1 reconstruction credits associated with Lots3 and 5 were extended in that Ordinance until one (I) year from the date of issuance of the demolition permit for the Grand Aspen Hotel. i Now that we have a much more accurate understanding of how 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 date of final approvals for Lots 3 and 5. This is consistent with the exisring land use code that allows for reconstruction wllhin five years of demolition of the units" Given the complcx and lenb'Thy approval process needed to determine how these credits could be used, we think it is reasonable to treat the credits as requested. II. Grand ^spen Demolition Permit Date: The PUD stipulates that if the demolition of the Grand Aspen were to fall in the ski season, then it can be postponed until after that season. Since the current rcquircment of obtaining the demolition permit by October I, 2000 wouid place the demolition in that period, Savanah and the City have agreed that the demolition will not commence until after the lifts close in April 2001. (See attached letter from Julie Ann Woods of September 25, 2000) Nonetheless, in ordcr to mcet the requirement of obtaining the demolition permit, Savanah submitted a complete demolition permit application through its demolition contractor to the Aspen Building Department thc 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 me!. "[he only outstanding matter is the asbestos abatement that must be completed and certified by the Stare before a demolition permit can be issued. Since it is possible that work may not take place until April of 2001 as pan of the overall demolition, the pcnnit will not actually bc issued until that time. Accordingly, Savanah is requesting an extension of the requirement to obtain the pennit until the spring of200 i. Please see the attached lettcr from the City of November ]6, 2000 on this subject. . III. Othcr Dates: Now that the various site development plans are more precisely defincd due to the conceptual appro~als, more accurate building and construction dates can bc estimated. r. I U/ 14 i I .. i I , i. I' , NOV-.""-,,UUU WI:0 U~;,,~ An t"', rH^ NU. {""') Thus, the fOllowing proposed dates for building permit applicntions, commencing construction and certilicntcs of Occupancy are more specific than those dates found in Ordinance 38. Several items should be nOled 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 (certificate 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 for Lots 3 and 5 and the Bavarian are as follows: 1. Lot 5, Grand Aspen Hotel Site t a) Demolition Permit: No Jater than the spring of2.00 1 as per the artached lerter from the City b) Demolition Time Table Commence asbestos abatement work no later than April 16,200 J, 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) Certificate of Occupancy Within thirty (30) months after issuance of bUilding permit, but no Sooner than the receipt of a certificate of Occupancy for the Bavarian 1nn project. 2. Lot 3, Top of Mill a) Permit Application(s) for InfrJlStructure and Removal of FiJI Material Submit said application(s) within thirty (30) days after recordation of all linal PUD documents. b) Building Permit Applications r. 11/1"'1 3. i 1 f /. f- I: f'. NOV-i!<!-i!OUU WI:U U~; i!~ An .f"'. r HA NU, (""'\ ,~ . ::> r. 10 1"1 4. At owner's discretion, but no SOoner than the issuance ora building permit for thc Bavarian Inn affordable housing project. c) Certificate of Occupancy forthe Parcell Multi-Family Free Market Units No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordablc housing units. i d) Certificates of Occupancy for the Duplex Free Market Unit on Parccl 3 and the Single-Family Free Market Units on Parcels 4. 5,6, 7 and 8. No Sooncr than the reccipt 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 Applieation documents Within ninety (90) days after recordation of all final PUD Bavarian Inn b) Commencc Construction Within thirty (30) days after receipt of building permit for Bavarian Inn project but no SOoner than the recordation of all final PUD documents for Lots 3 and 5. However, should such date fall between December I and March 31, then construction may commence as late as May I of that year. c) Certi ficate of Occupancy Within eighteen (18) months of commenccment of construction as set Forth in paragraph (b) above. Given 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 City Council to consider all these matters. Thank you. , , I J .. i r . , r ,. , i' I I t ! I' f) r""'rl ., E: x~:b,) 1 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 TIlE FIRST AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVIS10N AGREEMENT FOR THE ASPEN MOUNTAIN SUBDIVISION, ASPEN, COLORADO. WHEREAS, on October 3, 1988, City Council approved the Planned Unit . Development/Subdivision Agreement for the Aspen Mountain Subdivision, and WHEREAS, the Agreement defined a construction schedule for the development of the Aspen Mountain Subdivision (Lots 3 and Lot 5) and included dates by which the reconstruction credits would expire, and WHEREAS, the Agreement has been amended several times as the construction schedule has been adjusted, (most :ecently pursuant to Ordinance # 8, Series of 1998 and Ordinance #38, Series of 1999); and WHEREAS, Savanah Limited Liability Partnership ("Savannah") submitted a written petition on September 26, 2000, amended October 11, 2000, and November 16, 2000, to the Community Development Director for City Council action pursuant to Section M of the First Amended and Restated Planned Unit Development/Subdivision Agreement ("POD Agreement") for the Aspen Mountain Subdivision, seeking specific \ extensions in the construction schedule and reconstruction credit dates; and WHEREAS, Savanah has provided in said petitions a rationale and justification for the requested Section L and Section M ame~dments, and 111111I1111111111111111111111111111I1111111111111111111. 450415 01/11/2001 08:41A OROINANC DAVIS SILVI 1 of 5 R 25.00 0 0.00 N 0.00 PITKIN COUNTY CO t"""'\ f'\ WHEREAS, pursuant to the Agreement and an amendment ma.de 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 c . 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, POD approval timelines of the City and the projected construction timelines; and WHEREAS, Savannah submitted a "Conceptual POD Development Plan! Subdivision Application" for the Top of Mill site (Lot 3), Grand Aspen site (Lot 5) and the Bavarian Inn site and received conceptual approval from the City Council for all three development sites on December 6, 1999 and Savannah has indicated their intention to submit final applications for these sites by the deadline of December 6,2000, requiring detailed engineering and architectural plan submissions; and WHEREAS, because of the length of the PUD review process and the necessity of extensive public review (a circumstance beyond the control of the applicant), City Council finds it appropriate to extend construction and other related development dates and reconstruction credit dates, and WHEREAS, the City Council fInds that this ordinance 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: I 111111 1111I111111 11111111111 1111 11I111 1II1I1f1 11111111 450415 01/11/2001 08:41R ORDINRNC. ORVIS SILVI 2 or 5 R 25.00 0 0.00 N 0.00 PITKIN COUNTY CO 2 .';i iiiiii....o .!!!!!!!>o =~>- =0~ -05 !!!!!!!!....o _>0 _tt _",z -.... -0""' iiiiiiiiz: ~ _tt.... -za. =.... _"'ISl _"'ISl _0. .-ISl _tt -...z iiiiiiii... _--S IlOISl iiiiiijQ - _ISl -... !!!!!! Q C !!!!!!res =.......s -.... _"P"4Hl _.....N .-... '....Slt: '-1010 =... -...... 'l'-sO ~'" ]i-"'''' t) i"""'I .il 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 ameilded by those Section M amendments executed in June 1990, June 1991, August 1992, October 1992, February 1993, June 1995, February 1998, March 1998 and September, 1999, to provide as follows: 1. Lot 5, Grand Aspen Hotel site a) Demolition Time Table: Commencement to occur on or before April 16, 2001 with completion no later than July 31, 2001. An initial meeting shall occur between Savannah and the adjacent neighbors by January 31, 2000, to discuss the demolition pr?cess. 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 Inn affordable housing proj ect. 2. Lot 3, Top of Mill a) Permit Applications for Infrastructure and Removal ofFill Material: Submit application(s) within thirty (30) days after recordation of all final Aspen Mountain PUD documents. b) Building Permit Applications: At owner's discretion, but no sooner than the issuance of a building permit for the Bavarian Inn affordable housing project. c) Certificate of Occupancy for the Parcell Multi-Family Free Market Units: No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable housing units. d) Final Inspection for the Duplex Free Market Units on Parcel 3 and the Single-Family Free Market Units on Parcels 4, 5, 6, 7 and 8: No sooner than the receipt. of a certifica:fe of occupancy for an on-site accessory dwelling unit or upon the payment of the applicable affordable housing impact fee. 3 .1"'; .. () 11111111111111111111111111111 11111111111111111111111111 450415 01/11/2001 08:41A ORDINANC DAVIS 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 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 1 Sl to March 31" then commencement shall begin no later than by May I" of that year. c) Certificate of Occupancy: Within eighteen (18) months of the date of commencement of construction as set forth in paragraph b, above. Section 2: The Aspen City Council does hereby amend Section L of the POD Agreement to grant an extension of the usage for the reconstruction credits as follows: "Any reconstruction credits to be reconstructed on Lots 3 and 5 are extended until five (5) years from the date of the final POD approval of the Aspen Mountain PUD. 111ese 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 I and Section 2 of this ordinance shall be. reflected in a written amendment document approved by the City Attorney between the City of Aspen and Savannah Limited Partnership which shall be executed and filed in the records of the Pitkin County Clerk and Recorder's Office. Section 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 5: ., j 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 4 () tJ repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: A public hearing on the ordinance shall be held on the 11th day of December, 2000, at S:OO p.m. in the City Council Chambers, Aspen City Hall, 130 South Galena, Aspen, Colorado. Fifteen (1S) 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. . ( I ,~'I/ '" .'" \, "'I,Y, I \ \ '.1" ~F rf If' ".. \ /,(\" 1,.0,... "'.' .-" .... if. ..~~ \ Y,' . ,',.' ;;. . ~Fl~f1: " FINALLY adopted, passed, and approved this 11"' day of December, 2000. / '~''''' ..~ .".":' :N "f, ~ .t.. ,.~.'\".. 'i. "--" ,:,,'.'" t} ,..., ,?,-' "ATTEST:~' i~!.:~;. _"/ 'fl/!: ~ I ' Ii .. . i.. ~".; ....' " '. 'k*" \ 'i" .Klllt.h.rxn li,: .,~:.-..::...... ,.' \ . '~l "",,'lV..,~. 11111/11111I11111111111111111111111I11111111111111I1111 :50415 01/11/2001 08:41A ORDINANC DAVIS SILVI of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO S k; -_0 ->u -~ iiii.... >- . -':'i)',.. -. :: -"Jt~ -""'0 ->u -a: .........;az = ... -'"""" -"''''' _CJ_ _a::D.. -0& -::>.. =0.. . - .. -<< =..-tz -... _..,iSl _GIS) _10;1. - 'G -... !!!!'iSa.Q !!!~ =....,~ -"..,! . ....... '" It: o:.:-..~'1n -...... -& 0 ~'" -....... t!"'""\ ~ ': AMENDMENT TO THE FIRST AMEHDED AND RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE ASPEN MOUNTAIN SUBDIVISION ",:1' THIS AMENDMENT to the First Amended and R.-estated Planned Unit j~ Development/Subdivision Agreement for the Aspen Mountain Subdivision ("PUD Agreement"), being entered into between the City of Aspen, Colorado ("City") and Savanah Lirillted Partnership ("Savanah" or "Owner") on this 5 th day ofD"",,,,b,,,, :838, provides as follows: .:.~.nuary. 2001 RECTI AT",~ WHEREAS, Savanall 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 PUD Agreement seeking certain specific extensions in the construction schedule and rcconstruction credit dates; and WHEREAS, hearings were conducted before the Ci.y Council on November 27, 2000 and December I 1,2000, during which Savanah successfuiiy demonstrated the reasons necessitating the extensions in the existing construction schedule and reconstruction credit dates; and WHEREAS, Section M of the pun Agreement r:itthori7.es extension of the time periods for construction schedules upon a proper showing; and . . WHEREAS, Section 0(6) of the PUD Agreement authorizes amendments to the PUD Agreement by written instrument executed by the partiel; thereto. iJ!' NOW THEREFORE, in consideration of the mUlual covenants as contained herein, it is agreed that the provisions hereinbelow shall amend the PUD Agreement as follows: 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, June ]991, August 1992, October 1992, February 1993, J:me 1995, February 1998, March 1998 and September 1999, arc hereby further amended to prov:de as follows: A. Lot 5, Grand Aspen Hotel Site i) 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 Savanah and the adjacent neigJlbors by January 3], 2001 to ~iscuss the demolition process. ii) Building Permit Application SUbmissioi": . . Within one hundred and eighty (180) days after recordation of all final Aspen .~ I f) .,i~ I). i~ 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 POO 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 Parcell Multi-Family Free Market Units: .>!: No sooner than the receipt of a certificate of occupancy for the Parcel.2 affordable housing units iv) Final Inspection for the Duplex FreeM.:.rket Units on Parcel 3 and the Single-Family Free Market Units on PlItcels4, 5, 6; 7 and S: No sooner than the receipt of a certificate of occupancy for an on-site accessory dwelling unit or upon the payment of thet<\lJplicable affordable housing impact fee. C. Bavarian Inn Affordable Housing Project i) Building Permit Application: Within ninety (90) days after recordation of all final Bavarian Inn Affordable Housing projectPUD documents. ii) Commencem'ent of Construction: Within thirty (30) days after receipt of building permit for Bavarian Inn project, but no sooner than the recordation of all firpll Aspen Mountain POO documents for Lots 3 and 5. However, should said permit fall within the months of December I st to March 31 '" then the commencement shall begin no later than May 1 st of that year. ~.: ,>!: . Hi) Certificate of Occupancy: Within eighteen (18) months of the date of commencement of construction as set forth in paragraph b above. I 11111111111111111 11111111111111I 111111 IHIIII 11111111 450416 01/11/2001 08:41R PUD RGRE DRVIS SILVI 2 of S R 2~.00 D 0.00 N 0.00 PITkIN COUNTY CO -""----._w... 2 M'rl IOFJ 'nN IM~ro: 0 I 1007 H 'hl~r (\ STATE OF COLORADO County of Pitkin n ) ) ss. ) . j The foregoing instrument was acknowledged bef,ne me this i"-day ofDe:;~~~~o,~ by Rachel E. Richards, as Mayor, and Katheryn S. Koch, as City Clerk,. of the City of Aspen, i~, Colorado. ' WITNESS MY HAND AND OFFICIAL SEAL 5-/s-01 ~~L ~o "Y Pcl> - /~ s. rza./fna....: k,yCtYi. Cd Addxess The foregoing instrument was acknowledged befOre me this ~y by Tarek Ayoubi, president of Aspen Enterprises International, 1m:., general p Limited Partnership. County of" ) ) ss. ) ,)-co I .ner of Savanah .~. WITNESS MY HAND AND OFFICIA My commission expires: I:t.~] f N ublic ItuUJ f1j~Ufo.-,-:ld. Addxess /.;A C-/;-. CJ 0 0& V 111111111111111111111111 ~IIIIIIIIIlIUllll!!l~llll~'1 4~0416 01/11/2001 0:04~A0P~~ ~ITKIN COUNTY CO S Df ~ R 2S.00 D 0.. . __ .. 'Ow . ,. -----. ..--- ()' /n . I I ^[ r '/"HI j4! 5 ."", ",'" '"".,..'"... ...... I"": n ~~ SA V ANAH LIMITED PARTNERSHIP ~J~ By: _ Tarek A.youbi President Aspen Enterprises International, Inc. General Partner . APPROVED AS TO FORM: 4-- [. i' . ~o.I$",,", G. 2..'"""<<,-,,,,, Attorney For S anah Limited Partnership. ~~ [Acknowledgments On Next Page] ~ , 111111I1111I1111I11111111111111I1111111 III 1111I11111111 4!\0416 01/11/2001 08:41R PUl) RGRE DRVIS SII..VI 4 of !\ R 2!\.00 D 0.00 N 0.00 PITKIN COUNTY CO ..... '-'--,. 4 9/S'd I06E 'ON 1^1~>O:OI I007"P '~I~r f!""'"'J ! f!""'"'J , >i 2. Section L of the PUD Agreement is amended to provide as follows: "Any reconstruction credits to be reconstructed on Lots 3 and 5 are extended until five (5) years from the date of the final PUD approval of the Aspen Mountain PUD for Lots 3 and 5. These credits shall not confer any exemption from affordable housing requirements as may be identified during the approval process." i~ 3. All other temlS 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. 4. Tlus amendment document shall be promptly recorded in the records of the Pitkin County Clerk and Recorder's office. TN WITNESS WHEREOF, the parties have herelmto set their signatures on the day and year as tirst written above. THE CITY OF ASPEN B .fJU f.<- y. .. . Rae el :~. Richards, Ma J~ ATTE,ST: ~ n)4'~ City Clerk t' APPROVED AS TO FORM: /2&/7~ /h#/ "'UW A ey [Signatures Continued On Next Page) ~ f~!~I!~1'~~~li{ !t!!IU,JIII' l~U~ '. -----------_~~~~:~I(~NCOUNTYCO - ~ - ~ J~ 3 "II ., r-., r) .E xk,-b.+ -3 F 0 U R DEVEL p o E A K S PM~NT iE'C~ 4Prr < II/~lJ C04Jyu,1.s;..." (J (JlJo., 'W/y"'''' ~ ofvgJfhv <'0,0" '''f4?- 1000 South Mill St Aspen CO, 81611 Phone: 970.925.2114 Fax: 970.925.1036 April 26, 2002 . City of Aspen - Department of Community Development C/o Fred J arrnan 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 arrangements 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 are 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 City. We won't demolish the existing Bavarian until the City approves our requested change to the POO approval, and that requires some tirne. 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 deri investigation into remodeling the exf"""'\g Bavarian Inn ("BI") 4P has determined that it is preferable to demolish the existing BI andrebuild on the existing foundation; and Whereas, 4P has submitted a Land Use application dated April_, 2002 to the City 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 City. 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 cornpletion 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 Perrnit 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" The building departmentwanted to getstarted an therwiew oftheprojectimmediatel:y andas the recordation has not yet occurred we felt it important to add the flexibility to submitprior to recordation. c) Certificate of Occupancy: Within thirty (30) rnonths 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. Comment" The GalenaPlace lawsuit is impacting our ability to get construction ./irzandng so I can'tpredict when our start will occur. I can stick to the 30 month time line once construction commences. 2. Lot 3, Top of Mill a) Permit Applications for Infrastructure and Rernoval of Fill Material: Submit application(s) within thirty (30) days after recordation of all final Aspen Mountain PUD docurnents. Change to: a) t--\it Applications for Infrastructure anc.~oval ofFill Material: Submit application(s) within thirty (30) days after recordation of all final Aspen Mountain POO documents. Submission before recordation is allowed. .- Comment: The goal here is to get us to do this within 30 days of recordation. All we are askingfor here is for the ability to apply before recordation. Pennits for Tree removal,feru:ing and demolition are already in place. b) Building Perrnit Applications: At owner's discretion, but no sooner than the issuance of a building perrnit 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: . The change is from "issuance" to '~ubmittal" ofa Buildingpermit As a buildingpermit for Phase 2 (the new Bavarian)will be delayed whileweprocess the requested change to builda new structure. . The Svtbmission of a buildingpermit application on Phase 1, combined with the guarantees associated with the CO of the GrandAspen being held up by the Bavarian (both phases)we believe gives the City adequate assurance 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. . Wzthout this requested change constructing a new building, instead ofremodelingtheold building, is problematic at best. We believe it is in everyone~ best interest to tear down the oldlnn and build a new one. c) Certificate of Occupancy for the Parcell Multi-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 forthe Parcell Multi-Family Free Market Units: No soonerthan the receipt of a certificate of occupancy for the Parcel 2 affordable housing units. Comment' Wewererequested to change this from "Certificate of Occupancy" to "Fimdlnspection;' by the City, and are happy to do it. d) Final Inspection for the Duplex Free Market Units on Parcel 3 and the Single-Farnily 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 POO docurnents. Change to: a) Building Permit Application: Within ninety (90) days after recordation of all final Bavarian Inn Affordable Housing Project POO documents. Submittal prior to recordation is acceptable. Comment. As recorct"""\n will be delayed while the nlfW BI is process,0 are requesting the ability to get Phase 1 going as soon as possible, by not having to delay submittals while that change is processed This aLLows us to speed up the process on Phase 1. b) Comrnencernent of Construction: Within thirty (30) days after receipt of building perrnit 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 cornrnencernent shall begin no later than by May 1st of that year. Change to: b) 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' As the Bavarian is proposed to be built in two phases to accommodate the approval of the nlfW building we would like the room to move forward on Phase 1 while Phase 2 is beingrroilfWed by the City. c) Certificate of Occupancy: Within eighteen (18) rnonths of the date of commencernent 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): subrnitted. . 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 pennit 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, I,.LC Scott Writer, Manager r-, rJ C~ibj+ 3 (Ctt.1~) F D OUR EVEL p o E PM A K EN S T 1000 South 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 Ordioance 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 Parcell in the Bavarian Inn Subdivision/PUD. Four Peaks believes in the spi1:it of the request and looks forward to working with the City and the neighbors in coming up with a revised plan for Parcell. Parcel 2 in the Bavarian Plan is to move forward in all reasonable haste. 2) As mentioned, the concept of redesigning Parcell 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 are 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 wordiog 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 request that the .fol/ow facts be added to the agreement: Whereas, Grand Aspen Lodging, liC, represented by Four Peaks Development ("4P"), purchased the property from Savanah Limited Liability Partnership on January 11, 2000; and ~ f) 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 Parcell is processed by the City. The Parcel 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 Parcell of the project. Whereas, 4P will proceed with recordation of the approved Bavarian plan as reflected in Ordinance 21, Series 2001, and future changes to Parcel 2 will be processed as an amendment to those recorded documents. 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 [mal Aspen Mountain PUD documents. Submission before recordation is allowed. Comment: The building department wanted to get started on the review of the project immediatelY and as the recordation has not yet occurred we Jelt it important to add the flexibility to submit prior to recordation. 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 occupancy 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't predict when our start will occur. I can stick to the 30 month time line once construction commences. At first blush keeping the whole project tied to CO s at the Grand Aspen seemed acceptable - however, given the possible timing impacts associated with the approval process 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) Perr"'\pplications for Infrasttucture and Rer0al 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 is to get us to do this within 30 days of recordation. All we are askingfor here is for the ability to applY before recordation. Permits for Tree removal, fincing and demolition are alreacfy in place. We have received permission from the Mayor, City Manager, and Director of Community Development to proceed with excavation down to 1975 grade. 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 (and City's acknowledgment that submission is complete) for Phase 1 of the Bavarian Inn affordable housing project. Said Building Permit submittal for Phase 1 shall be made no later than June 24, 2002. Comment: . 4P intends to submitforrecordation of the Bavarian Inn Subdivision PUD on or about June 30, 2002. . The change is from '~ssuance" to '~ubmittal" of a Buildingpermit. 4P will commit to submit for a buildingpermit for Phase I no later than June 24, 2002. Because the submission for a Building Permit triggers a timeline that requires construction and completion of the structures, we fiel this gives the City adequate assurances that Phase I will be built and completed. . As a building permit for Phase 2 (parcell) will be delayed while we process the requested change to build a new structure, we are asking to remove this element from the process. . 4P will commit to submit a complete package to the Cityfor buildingpermit(s) on Phase 2 within 90 days of recordation. c) Certificate of Occupancy for the Parcell Multi-Family Free Market Units: No sooner than the receipt of a certificate of occupancy for the ParcelZ affordable housing units. Change to: Final Inspection for the Parcell Multi-Family Free Market Units: No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable housing units. Comment: We were requested to change thisfrom ''Certificate of Occupancy " to "Final Inspection" by the 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 ninery (90) days after recordation of all final Bavarian Inn Affordable Housing Project PUD documents. Change to: a) Building Permit Application - Phase l: A building permit for Phase 1 (parcel 2) shall be applied for no later than June 24, 2002. - ~ n b) Building Permit Application Phase 2: A building permit for Phase 2 (parcell) 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 March 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 1 st of that year. Comment: As the Bavarian is proposed to be built in two phases to accommodate the approval of the new building we would like the room to move fonvard 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 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: approved 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 g1:ading and infrastructure all to commence immediately upon permit issuance. Building permit application for Phase 1 of BI no later than June 24, 2002. Commencement and completion of construction as requited above. . . . . We appreciate your support in these requested changes. Sincerely, Four Peaks Development, LLC ~ -- - Scott Writer, Manager ~ ..- It. '~i n 11I A>, MEMORANDUM To: Mayor and City Council Date: Fred Jarman, Planne~:)_ May 13, 2002 Thru: Julie Ann Woods, Community Development Director From: Re: Ordinance Amending Aspen Mountain PUD Development Dates-- ("Section M Amendment") - First Readinl!: Summary Grand Aspen Lodging, LLC, represented by Four Peaks Development, is requesting approval from the City Council to amend the Section M Amendments for 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 a proposed amendment to the Bavarian Inn affordable housing PUD. Staff recommends the City Council approve the requested changes with conditions. Background The Section M Amendments are a formal part of the AMPUD approvals. The Section M Amendments outline the demolition, permit application, construction, and certificate of. occupancy dates regarding development on Lot 3 (aka "Top of Mill" site), Lot 5 (aka "Grand Aspen" site), and the Bavarian Inn affordable housing project. Grand Aspen Lodging, LLC would like to amend the Section M Amendments due to 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 realization, 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. Four Peaks Development requests to move forward with the construction of all of the other three buildings in the Bavarian Inn project while the City processes the proposal for ~I n ;/ the new Bavarian Inn. This element of the development will be referred to as "Phase 1" of the project and includes 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 (attached as Exhibit 4). Phase 2 refers to the new Bavarian Inn building. Discussion Specifically, the requested amendments are 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 stricken through. 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 a}-.-Dem{)liti{)n--Time--Table:--Gommen<;emoot.t{}-OCGur.{)n--or-.before.-April.-I-6;.-2001.-with G{)mpletiBn--n{)--.later.-than..July._;;-l-;..-2001.,.--An.-Initial.--mee1ing.-shall--oG(;UF--.betweell Savannah--and--the-adjaGent.-neighbors.b-y-.-January--3-I-;-.;?'OOO-t{)--disGlISS-.the.oom{)litioo prooess, [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. b) 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, prior to the recordation of all final AMPUD documents. Stafffeels that any permit review is done at the Applicant's risk in that no permits shall be issues until all the P UD documentation has been recorded.] )> Staff Recommendation to City Council on this request: Approve request with suggested changes. c) Certificate of Occupancy: Within thirty (30) months after commencement of constq.l..s:tionissuance of a building permit, 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 2 r-. , r"'\ 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 ofFill 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. Stafffeels 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. ] ~ Staff Recommendation to City Council on this request: Approve request with suggested changes. b) Building Permit Applications for Parcels :},J,~ 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. [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 M Amendments 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 buildinf!: permit remain as opposed to submission for a permit as requested by the Applicant.} ~ Staff Recommendation to City Council on this request: Deny request & keep currently adopted language modified to reflect the separation of the Bavarian into Phase I and II. c) Gertificate of OccupaB<1Y-!n!!l!LJ!!~p~.~.i.Q!Lfor the Parcel 1 Multi-Family Free Market Units: No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable housing units. Q!,.jfl!~~l'lP!l'lg.P.y._Qj!Y-,-.Pli.Y!!!~.!1tQU!!1i~u f!~s _()!.l!l'l'I().Yl!LQf l!!U!~~.l'lP!.,!:p.I",_gff~i!~Jgcl!t.jQ!!,JStaff requested this change in language from "CO" to "Final Inspection" because COs are a function of financing. More specifically, if a 3 ,......, Ij 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. Secondly, Staff does not recommend City Council approve this request for the payment of cash-in-lieu instead of constructing the affordable housing on parcel 2, This would represent a dramatic change from what has been represented to City Council as part of their approvals for the Top of Mill portion of AMPUD. 4 Peaks Development may request and apply for an amendment to the approved PUD to more properly address this request.) ~ Staff Recommendation to City Council on this request: Deny request, keep currently adopted language, and recommend the Applicant pursue a PUD Amendment to address the issue. d) Final Inspection for the Duplex Free Market Uuits on Parcel~ 3, and the-Single- Family Free Market Units-,on-P-lll'Gt!ls 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 AH). ~ Staff Recommendation to City Council on this request: Approve request. 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. Submittal pri<:>,r to r.ecordation is acceptable. [As recordation will be delayed while the new Bavarian Inn is processed, Four Peaks Development would like the ability to get Phase I going as soon as possible. Again, Stafffeels 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.) ~ Staff Recommendation to City Council on this request: Approve request. b) Commencement of Construction: Within thirty (30) days after receipt of building permit for ~.!lfhJ)]1_~.~~_2.L!h~_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 I st to March 31 st then commencement shall begin no later than by May 1 st of that year. [The Applicant would like to move forward with Phase I 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 4 ~ n Bavarian Inn structure. The Applicant has submitted the application requesting to amend the Bavarian Inn PUD and is scheduledfor review by the Planning and Zoning Commission on May 21st] ~ Staff Recommendation to City Council on this request: Approve request. c) Certificate of Occupancy: Within eighteen (18) months of the date of commencement of construction as set forth in paragraph b. above. [Staff would like this language to be amended to include "and upon approval of the Chief Building Official. "] ~ Staff Recommendation to City Council on this request: Approve request as amended. Additional Staff Comments: . Staff s main concern regarding 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 Carleton approval. These proposed amendments recognize that Savanah I 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 smaller buildings while the main Bavarian Inn structure returns to the City Council for review of its demolition to allow a new structure to be built in its place. Staff finds while these proposed amendments do not significantly jeopardize 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, Staffremains concerned that if the new Grand Aspen is never realized, then the Bavarian Inn project would never be completed. Further, Staff finds 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 remains unchanged. Staff Recommendation Staff recommends City Council approve amending Section M of the First Amended and Restated Planned Unit Development/Subdivision Agreement for the Aspen Mountain Subdivision with the conditions stated herein. 5 ,-." ~ Recommended Motion: , ~ "1 move to approve Ordinance No. \.2, Series of 2002, amending Section M of the First Amended and Restated Planned Unit Development/Subdivision Agreement for the Aspen Mountain Subdivision with the conditions stated herein." City Manager Comments Attachments: Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Current Section M Amendments Ordinance No.53, Series of2000 Applicant's Petition Bavarian Subdivision I PUD Plan 6 r) CI ORDINANCE No.6 (SERIES OF 2002) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING AN EXTENSION OF THE CONSTRUCTION DEADLINES THEREBY AMENDINGTHE8ECTION!VI AMENDMENT TO THE FIRST AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE ASPEN MOUNTAIN SUBDIVISION, ASPEN, COLORADO. WHEREAS, on October 3,1988, City Council approved the Planned Unit Development ISubdivision 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, WHEREAS, the Agreement has been amended several times as the construction schedule has been adjusted, (most recently pursuant to Ordinance # 8, Series of 1998, Ordinance #38, Series of 1999, and Ordinance #53, Series of2000); and, WHEREAS, Grand Aspen Lodging, LLC, represented by Four Peaks Development, submitted a written petition on April 26, 2002 to the Community Development Director for City Council action pursuant to Section M of the First Amended and Restated Planned Unit DevelopmentlSubdivision Agreement ("PUD Agreement") for the Aspen Mountain Subdivision, seeking specific extensions in the construction schedule and some language modifications; and, WHEREAS, Four Peaks Development has provided in said petitions a rationale and justification for the requested Section M amendments, and, WHEREAS, pursuant to the Agreement and an amendment made thereto by Ordinance #38, Series of 1999, Savannah (owner of Lot 3 and Lot 5 prior to Grand Aspen Lodging, LLC) met the demolition permit application submission deadline of October I, 2000 for the demolition of the Grand Aspen Hotel; and, WHEREAS, the applicant has requested to extend the construction deadlines to be more in keeping with Four Peaks Development's projected construction timelines; and, WHEREAS, because of potential construction timing impacts that may result from a pending lawsuit (a circumstance beyond the control of the applicant), and a proposed PUD Amendment to the Bavarian Inn affordable housing project, City Council finds it appropriate to extend construction and other related development dates; and, WHEREAS, the City of Aspen City Council, by a vote of _ to _ L _ -->, approves an amendment to the Section M Amendments of the First Amended and Restated 7 t""'\ n Planned Unit Development/Subdivision Agreement ("PUD Agreement") for the Aspen Mountain Subdivision, seeking specific extensions in the construction schedule; and, WHEREAS, the City Council finds that this ordinance furthers and is necessary for the public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 The Aspen City Council does hereby amend the Section M amendments executed in June 1990, June 1991, August 1992, October 1992, February 1993, June 1995, February 1998, March 1998, September, 1999, and December 2000 to include the following "Whereas" statements: WHEREAS, Grand Aspen Lodging, LLC, represented by Four Peaks Development, purchased the property from Savanah Limited Liability Partnership on January 11,2000; and, WHEREAS, Four Peaks Development met the required demolition timetable for the former Grand Aspen Hotel as stated in the Section M Amendments; and, WHEREAS, after detailed investigation into remodeling the existing Bavarian Inn, Four Peaks Development determined that it is preferable to demolish the existing Bavarian Inn and rebuild on the existing foundation; and, WHEREAS, Four Peaks Development has submitted a Land Use application in April, 2002 to the City to gain approval to replace the exiting Bavarian Inn with a new structure; and, WHEREAS, Four Peaks Development wishes to move forward with the construction of all of the other three buildings in the project while the proposal for the new Bavarian Inn is processed by the City. "Phase I" of the project will 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 Bavarian Inn building. Section 2 The Aspen City Council does hereby amend the 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, March 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 (180) days after recordation of all final Aspen Mountain PUD documents. Submission before recordation is allowed. 8 ---. f J n 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. A certificate of occupancy will be issued upon satisfaction of the Chief Building Official. 2. Lot 3, Top of Mill a) Permit Applications for Infrastructure and Removal ofFill 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) Final Inspection for the Parcell Multi-Family Free Market Units: No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable housing units. d) Final Inspection for the 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: Within ninety (90) days after recordation of all final Bavarian Inn Affordable Housing Project PUD documents. Submittal prior to recordation is acceptable. b) 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 I st 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 3 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. 9 () n Section 4 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity ofthe 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 hearing on the ordinance shall be held on the lO'h 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 13'h day of May, 2002. Helen Kalin Klanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed, and approved this lOth day of June, 2002. Helen Kalin Klanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk 10 NOV-22-2000 WED 09:28 AM r", r AX NU. Cur/WI), !:';a)/};1 L Pl(j""""5-' t, 0:;/ i 'I EXHIBIT l' A..'\1ENDED REQUEST FOR SECTiON M AMENDMENT TO ASPEN . MOUNTAIN PUD Submitted by Sav:l11ah Limited Partnership November 16,2000 This request to amend certain construction and other dates contained in the Aspen Mountain pun (the PUD), and in Ordinance 38 of 1999, is made pursuant to Section M of the PUD. i Savanah Limited Partnership and the City of Aspen have b~en engaged in the approval process for the final parcels COntained in the PUD, Lots J (Top of the Mill) and 5 (the Grand Aspen Hotel) and rhe Bavarian Inn for many months. S~parat~ from that review process but r~lated to it, Savanah and th~ City have agreed Upon a number of dates from time to time that relare to how and when those three p<lrcels would be processed. approved and buill. The most recent agreement On thos~ dates is contained in Ordinance 38 of 1999. When those dates were agr~ed to in Sepr~mber of 1999, both Savanah and th~ City had to estimate when conceptual and tinal approvals for the three sites would be received. Given that csrimate, other dates were then esrablish~d for various bUilding pennits, certificates . of OCcupancy, etc. on the three parcels. Conceptual approv<lls for alJ thre~ sites were received on D~cember 6, 1999. Under the Aspen land use code, Savanah has until one year after that date, i.e" December 6, 2000, to submit the final applications for each sire. Given the complexity ofth~ architectural and engineering work required for each final submission, Savanah will not be submitting the final approval applications until, or just before, December 6, 2000. Now that the final submission d"tes <lre more accurately predicred, it can also be estimated that final approvals will not likely be received until sometime in the fall of 2001. TIlls being the case, all of the d,ues Contained in Ordinance 38, with the exc~ption .ofthe Grand Aspen demolition date, are unattainable by a wide margin. It should also be noted that each of the properties in question are under COntract for sale by Savan:ll1. However, due to the unpredictability of any such transaction, Savanah has been proce~ding with all its various developmem consultants to process and prepare the fin"l applications with all appropriate priOrily to m~ct the December 2000 d~adlines. NUV-ii-i:UUU WEU u~:~e Mil rMl, NU. I"") n 2. 1. Section L of the PUD, Reconstruction Credits Section L of the PUD Contains provisions relating to the llse of reconstruction credits. Deadlines for using thcm ha"e been extended throughout the processing of the pun, until Such time as it becomes clear on how they might be implemented. The lnsttime they Were extendcd was in 1998 through Ordinance 8. All reconstruction credits associated with Lots3 and 5 were extended in that Ordinance until one (1) year from thc date of issuance of the demolition pennit for the Grand Aspen Hotel. f Now that we have a much more accurate understanding of how these various properties will be approved and then constructed, we are hereby requesting that all remaining reconstruction credits in the PUD be extcnded for five years after the date of final approvals for Lots 3 and 5. This is consistent with the existing land use code that allows for rcconstruction within five years of demOlition orthe units. Given the complc.~ and lengthy approval process needed to determine how these credits could be used, we think it is reasonable to treat the credits as requested. n. Grand ^Spen Demolition Pennit Date: The PUD stipulates [hat if the demolition of the Grand Aspen were to fall in the ski season, then it can be pOstponed unlil after that season. Since the current rcquircmem of obtaining the demolition permit by October 1,2000 Would place the demolition in that period, Savanah and the City have agreed that the demolition "ill not Commence until after the lifts close in April 200 I. (See attached Jetter from Julie Ann Woods of September 25,2000) Nonetheless, in order to meet the requiremcnt of obtaining the demolition permit, Savanah submitted a complete demolition permit application through its demolition Contractor to the Aspen BUilding Department the week of September 18, 2000. The processing of the permit took a number ofweek.\ to complete and by OctOber 30,2000 all requirements, except for one, for the issuance of the pennit 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 200 1 as part of the overall demolition, the permit will not actually be issucd until that time. Accordingly, Savanah is requesting an extension of the requirement to obtain the penn it until the spring of 2001. Please see the attached letter from the City of November 16, 2000 on this subject. . Ill. Orher Oates: Now that the various site development plans are more precisely defined due to the conceptual approvals, more aCCurate building and construction dates can be estimated. r. lUll Y ';'; i ) ; ; l , I. I' . NUV-cC'-cUUU WI:V U8; c8 An r-; r H^ NU. 1"""\ \ , TlllJs, the follOwing proposed dates for building permit app!ic~tions, commencing construction and certilic~tcs of OCCUp~ncy are more specific than those dutes found in Ordin~nc~ 38. Several items should be nOld aboullhese proposed dates. First, the tOlal construction time for each parcel is the Same as that used in OrdinanceJ8. Second, all affordable housing will continue to be built (ccrtitiC:H~ of OCCupancy) or Obligations met (cash in lieu, ~tc.) concurrent with or before all free m<U"ket units receive their final inspection. The specific r~quested dates for Lots 3 and 5 ~nd the Bavarian ar~ as follows: 1. Lot 5, Grand Aspen Hotel Site , ~) Demo/ition Permit: No Juter than the spring 01'200 J as per the attached letter from the City b) Demolition Time Table Commence asbestos abatement work no later th~n April 16, 2001, with demolition to be Completed no later th~n July 31, 2001. c) Building Permit Application Within one hundr~d and eightY (180) days after the recordation of all final. POD dOcuments. d) C~T1iiicale of Occup~ncy Within thirty (3.0) months after issuance of bUilding permit, but no SOoner lhan the receipt of a ceniticat~ of OCCup~ncy for the B~varian 1nn project. 2. Lo! 3, Top of Mill a) Permit J\pplication(s) for Infrastructure and Removal of Fill Materi~l Submit said application(s) within thirty (30) days after recordation of all final PUD documents. b) Building P~rmit Applications r. I 1I j Y 3. i i f f f- !: I'. NOV-,h:UUU WI:.V U~; i~ fln (""'\, r H^ NV, .I"""i ~. At owner's discretion, but no SOOner than the issuance ofa building permit for the Bavarian Inn affordable housing proj~ct, c) Certificate of OCcupancy for the Parcell Multi-Fainily Free Market Units No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable hOusing units. f d) Certificates of OCcupancy fOr the Duplex Free Market Unit on Parcel 3 and the Single-Family Free Market Units on Parcels 4, 5, 6, 7 and 8. No Soonerthan the receipt of a certificate of occupancy for an on-site accessory dweIling unit or upOn the payment of the appJicable affordable housing impact fce. 3. Bavarian Inn Affordable HOusing Project a) Building Permit Application dOcuments Within ninety (90) days after recordation of all final PUD Bavarian Inn b) Commence Construction Within thirty (30) days after receipt ofbuiJding permit for Bavarian Inn project but no SOoner than the recordation of all final PDD documents for Lots 3 and 5. However, should slJeh date fall between December I and March 31, then constructiqn may COmmence as late as May I of that year. c) Certificate of Occupancy Within eighteen (I8) months ofeommenccmenl of construction as set forth in paragraph (b) "bove. Given what we know today about the likely final approval timetable, Savanah is confident rhese dares are realistic and achievable. Thus, we respectfully request a hearing before the City Council to consider all these mallers. Thank you. r. 10 l'" I r , , r ,. , .1' I I '1 I J J' ~ ~ E "J:1:t l ORDINANCE # 53 (SERIES OF 2000) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING AN EXTENSION OF THE CONSTRUCTION DEADLINES AND RECONSTRUCTION CREDITS THEREBY AMENDING SECTION L AND M AMENDMENT TO THE FIRST AMENDED AND . RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE ASPEN MOUNTAIN SUBDIVISION, ASPEN, COLORADO. WHEREAS, on October 3,1988, City Council approved the Planned Unit Development/Subdivision Agreement for the Aspen Mountain Subdivision, and WHEREAS, the Agreement defined a construction schedule for the development of the Aspen Mountain Subdivision (Lots 3 and Lot 5) and included dates by which the reconstruction credits would expire, and WHEREAS, the Agreement has been amended several times as the construction schedule has been adjusted, (most recently pursuant to Ordinance # 8, Series of 1998 and Ordinance #38, Series of 1999); and WHEREAS, Savanal1 Limited Liability Partnership ("Savam1ah") submitted a written petition on September 26,2000, amended October 11,2000, and November 16, 2000, to the Community Development Director for City Council action pursuant to Section M of the First Amended and Restated Planned Unit Development/Subdivision Agreement ("PUD Agreement") for the Aspen Mountain Subdivision, seeking specific ~, extensions in the constructio~ 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 ... 111111I1111I1111I111111111111 111111I111 11I1111111111111 450415 01/11/2001 08:41R ORDINRNC ORVIS SILVI 1 of 5 R 25.00 0 0.00 N 0.00 PITKIN COUNTY CO 1""'\ 1'\ 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, POD approval timelines of the City and the projected construction time1ines; and WHEREAS, Savannah submitted a "Conceptual POD Development Plan! Subdivision Application" for the Top of Mill site (Lot 3), Grand Aspen site (Lot 5) and the Bavarian Inn site and received conceptual approval from the City Council for all three development sites on December 6, 1999 and Savannah has indicated their intention to submit final applications for these sites by the deadline of December 6, 2000, requiring detailed engineering and architectural plan submissions; and WHEREAS, because of the length of the PUD review process and the necessity of extensive public review (a circumstance beyond the control of the applicant), City Council finds it appropriate to extend construction and other related development dates ~"'. . and reconstruction credit dates, and WHEREAS, the City Council finds that this ordinance 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: I 111111 11111 111111 111111 IIHI 1111111111 1111I1f1 1111 1111 450415 01/11/2001 08: 41A OR.DIHANe DAVIS SILVI 2 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO 2 ---....0 ,->u --I =....>- =UJ~ -UJ5 !!!!!!!!!!....o _>u _a: _",z - .. -u>< ~Zl- _a:.. -ZlL =.. _"'S _"'S _0. - S ._a: ='P"4Z -'" _..5) ClOS ...S . - S -... !!!!!!lS)C !!!!!!refSl =",S -~.. -...", '-N .=.... iiiiiiilS)~ -on on =... -...... 'l. -s 0 ~..."'... . tr .' r-.. ~ , 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 ameilded by those Section M amendments executed in June 1990, June 1991, August 1992, October 1992, February 1993, June 1995, February 1998, March 1998 and September, 1999, to provide as follows: 1. Lot 5, Grand Aspen Hotel site a) Demolition Time Table: Commencement to occur on or before April 16, 2001 with completion no later than July 31, 2001. An initial meeting shall occur between Savannah and the adjacent neighborsby 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 Inn affordable housing project. 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 [mal Aspen Mountain PUD documents. b) Building Permit Applications: At owner's discretion, but no sooner than the issuance of a building permit for the Bavarian Inn affordable housing project. c) Certificate of Occupancy for the Parcell Multi-Family Free Market Units: No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable housing units. d) Final Inspection for the Duplex Free Market Units on Parcel 3 and the Single-Family Free Market Units on Parcels 4, 5, 6, 7 and 8: No sooner than the receipt of a certific'l{e of occupancy for an on-site accessory dwelling unit or upon the payment of the applicable affordable housing impact fee. , .J I""'; -.. f ....~ 1111111111111111111111111111111111111111111111111111111 450415 01/11/2001 08:41A ORDINANC DAVIS 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 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 POD documents. However, should said permit fall within the months of December 1 SI to March 31 st then commencement shall begin no later than by May I" of that year. c) Certificate of Occupancy: Within eighteen (18) months of the date of commencement of construction as set forth in paragraph b, above. Section 2: The Aspen City Council does hereby amend Section L of the POD Agreement to grant an extension of the usage for the reconstruction credits as follows: "Any reconstruction credits to be reconstructed on Lots 3 and S are extended until five (S) 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 Savalmah Limited Partnership which shall be executed and filed in the records of the Pitkin County Clerk and Recorder's Office. /A;". Section 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 5: -. This ordinance shall 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 4 r-, f") repealed or amended as herein provided, and the saine shall be conducted and concluded under such prior ordinances. Section 6: A public hearing 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. --~ fir .," '". \\\.\.. '.. ,i" r'F J: . '. \' 'i'~ .,.. ". ,.' \' .... "'"b... "".' l: " r r ~ ..~ .'~ .... ro', .., "l{,. - '., :Fl~fll: ~~: . ~{~ ',',' ..~~': ~ '*;"",~: 0 .. . ,. ,\;~ .' "",,:~!lthry:n ~ '~'~'."g~~:. ",..,.' FINALLY adopted, passed, and approved this 11'" day of December, 2000. I I I , .i i i '~ , .(f!~' oJ .,~ t: J.. ,<" '\' \J~ "'..'0 (". ..),'. ~ATTEST: ~ ;~ 'flY:; , :' .~ _/ ~.i. j . Q J I' ~,. j,";.,y \ L 1t \ .:~~ \. ~t:;;;, .~_.~ '. . ~ ., ""''''-, -~ . ..;;;...-)~,: . .~i ..~. .-.,' 11111111111I11111111111111111111111I11111I11111111I1111 450415 01/11/2001 0B:41~ ORDIN~NC D~VIS SILVI 5 Df 5 R 25.00 0 0.00 N 0.00 PITKIN COUNTY CO 5 iiiiiiii_o !!!!!! :> U --' !!!!! ~ :: -.", _.("~ !!!..... 0 ->u -a: _"'z = ... -'''''''' _0>:.... _CJ""!I iiiii a: IL -UQ _:::JQ =Il... - Q _U =....Z -... -'.'Q _"'IS> -"" . -.'CS) -... -'cite !!!l':l", =......& _...! . ."1Il ... '" :;.:.../l'lO -...... -&0 !!!'" -...... 1""\ ~ AMENDMENT TO THE FIRST AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE ASPEN MOUNTAIN SUBDIVISION 'Ii THIS AMENDMENT to. the First Amended and Restated Planned Unit Develo.pment/Subdivisio.n Agreement fo.r the Aspen MoUritain Subdivision ("PUD Agreement"), being entered into between the City of Aspen, ColoradcJ ("City") and Savanah Liri:t.ited Partnership ("Savanah" or "Owner") on this 5th day oHr__.mh.., ::860, provides as tollows: .;.'J.nuary, 2001 ,* RECITAT~,~ \VHEREAS, Savanah submitted a written petition on September 26, 2000, amended Octo.ber 1], 2000 and November 16, 2000, to the Co.rmmlJ1ity Develo.pment Directo.r for City Co.uncil actio.n pursuant to Sectio.n M o.f the PUD Agreement seeking certain specific extensio.ns in the COnstruction schedule and rcco.nstructio.n credit dates; and WHEREAS, hearings were conducted befo.re the CitY Co.uncil on November 27, 2000 and December 11, 2000, during which Savanah successfii11y demo.nstrated the reasons necessitating the extensio.ns in the existing co.nstruction schedule and reconstnlctio.n credit dates; and WHEREAS, Sectio.n M of the PUD Agreement <:Ittllo.rizes extension o.fthe time periods fo.r co.nstruction schedules upo.n a proper showing; and . . WHEREAS, Section 0(6) of the PUD Agreemem authorizes amendments to. the PUD Agreement by written instrument executed by the parties thereto.. ..:~ NOW THEREFORE, in consideration of the ll111lual co.venants as contained herein, it is agreed that the pro.visions hereinbelo.w shall amend the POD Agreement as follo.ws: 1. Savanall's co.nstruction schedule deadlines as set forth in Sectio.n A2 of the PUD Agreement, and as previo.usly amended by those Section M amendments executed in JUlle ] 990, June J 991, August 1992, October 1992, February 1993, J.me 1995, February ]998, March 1998 and September 1999, arc hereby further amended to pro.v'de as follows: A. Lot 5, Grand Aspen Hotel Site i) Demolition Time Table: Co.mmencement to. o.ccur o.n o.r before April 16, 2001 with co.mpletio.n no later than July 31, 2001. An initial meeting shall occur between Savanah and the adjacent neighbo.rsby January 3 J, 2001 to liiscuss the demo.lition process. ii) Building Permit Application Submissioli: . . Within o.ne hundred and eighty (180) days ~~er recordatio.n of all fmal Aspen .~ I n /7 'I I ^ I r '1"'111 "..,,.~.~, ,'~~- .~-. ,......., :'! :':.'~ !"""\ '.; , ft. o!~ Mountain PUD documents, iii) Certificate of Occupancy: Within thirty (30) months after issuance of a building pennit, 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 ofFill Material: Submit application(s) within thirty (30) days after recordation of all tinal Aspen Mountain POD 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 Parcell Multi-Family Free Market Units: No sooner than the receipt of a certificate of OCCupancy for the Parcel 2 affordable housing units i~ iv) Final Inspection for the Duplex Free~"l"rket Units on Parcel 3 and the Single-family Free Market Units on Pa~cejs4, 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 thel~'l!plicabJe affordable housing impact fee. C. Bavarian Inn Affordable Housing Project i) Building Permit Application: Within ninety (90) days after recordation of all final Bavarian Inn Affordable Housing project PUD documents. ii) Commencem'ent of Construction: Within thirty (30) days after receipt ofbuiIding permit for Bavarian Inn project, but no sooner than the recordation of all firi,1jl Aspen Mountain POD documents for Lots 3 and 5. However, should said permit fall within the months of .~ December l"to March 31", then the commencement shall begin no later than May 1 st of that year. ,'\. iii) Certificate of Occupancy: Within eighteen (I 8) months of the date of commencement of construction as set forth in paragraph b above. 1111//1111111111I111111111111111111111/ /11'11111 rIll 1111 450418 01/11i2001 08:41R PUD ~GRE DRVIS SILVI 2 of ! R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO ~""--'- '__h. 2 9/E 'd L06E .ON ,WEnt IOO?"U 'Nvr f) STATE OF COLORADO County of Pitkin (l ) ) ss. ) .. ~ The foregoing instrument was acknowledged bebre me this Z"'-day offle:;~~ ~~o~ by Rachel E. Richards, as Mayor, and Katheryn S. Koch, as City Clerk, of the City of Aspen, .~. Colorado. ' WITNESS MY HAND AND OFFICIAL SEAL 5-/S-cY! rfi€fWL [<, ~P;b . /~ S. ~al~ na...: Ikp.l1. Co Address . . The foregoing instrument was acknowledged bebl'e me this ~y by Tarek Ayoubi, president of Aspen Enterprises International, Inc., general p Limited Partnership. WITNESS MY HAND AND OFFICIA My commission expires: II:~] ) ) ss. ) .d-t;ol ner of Savanah ..~' -I- N ublic ./ZUUJ f1!~!)~g. Address /.;A GP. 900&v 111I1111I1111111111111111I11111111I~!llll!!~II!L~'1 4~0416 01/11/2001 0B0:4~A0P~. PITKIN COUNTY CO !5of'~R2!.00l)0.0 ".. ,.. . '., __ -----. -.-- 9/9'~ I Ohf ml ~. 5 IAIl-lt,f\'f'li 1f\f\7 'r7 '~IU(l r'l ~ ~, SA V ANAH LIMITED PARTNERSHIP By: ~-;_~ Tarek Ayoubi President Aspen Enterprises International, Inc. General Partner . APPROVED AS TO FORM: J- [. t' . ~vSCV'> (;,.2.'"",",<'-""",,,,, . Attorney For S anah Limited Partnership j~ [Acknowledgments On Next Page] ':" " '.; ...~ , I. 111111I1111I1111I111111111111111I1111111111111I11111111 4~0416 01/11/2001 08:41R PUD RGRE DRVIS SILVI 4 of S R 25.00 D 0.00 N 0.00 PITkIN OOUNTr CO 4 9/S 'd L06E 'ON VNEo:Dr lOOZ 'U .NVr ~ A 2. Section L of the PUD Agreement is amended to provide as follows: "Any reconstruction credits to be reconstructed on Lots 3 and 5 are extended until five (5) years ITom the date of the final PUD approval of the Aspen Mountain PUD for Lots 3 and 5. These credits shall not confer any exemption from affordable housing requirements as may be identified during the approval process." ~, 3. All other ten11S 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. . 4. This amendment document shall be promptly recorded in the records of the Pitkin County Clerk and Recorder's office. IN WITNESS WHEREOF, the parties havehere1.1nto set their signatures on the day and year as tirst written above. THE CITY OF ASPEN ) By:<1..U f. <;:- . Ract:.:~. Richards, Ma . i~ ATTEST: ~c(:)');/~ City Clerk {/ APPROVED AS TO FORM: /';;?~/7~ /~#/ ~A 0 ey (Signatures Continued On NeA1 Page) . ." . J~~ll~'!~!~~~f( !!,!IJU!~ll~!~I) .. ---_________~ee PrT/(lN COUNTY CO ---- - - - - ..~ <,. 3 o/t,.J In,c ."" IlI\!r^' ^ I 1.^1\7 .r7 ..."" ("") E)(U,;j.- .5 ("") f F 0 U R DEVEL p o E P A K S Mk;NT CC~ 4pfr .< lit'S'/) cO~ds).(: 8 la'(J. ~/>>'Il-,,, 'l "YOftJ'If/tl( C(oP,g t<'4?- 1000 South Mill St Aspen CO, 81611 Phone: 970-925-2114 Fax: 970-925-1 036 April 26, 2002 . City 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: 2) 3) 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 arrangements 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 are 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. I I i I I I . Application for the change to allow a new building has been made to the City. We won't demolish the existing Bavarian until the City 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, . Technical correctionS should be made to the current Section M agreements to reflect an update on the project and wording changes, and . . 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 wo.uld request that the follo.w 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 de-cd investigation into remodeling the eAg Bavarian Inn ("BI") 4P has determined that it is prefer able to demolish the existing BI and reburld on the existing foundation; and Whereas,4P has submitted a Land Use application dated April _, 2002 to the City 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 City. 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 POO 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: Cornmen.cernent 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 dernolition process. Comment: As the building has been demolished this paragraph should be deleted b) Building Perrnit Application Subrnission: 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 MountainPOO documents. Submission before recordation is allowed. . Comment" The building rlepartmentwanted to getstarted on therniew oftheprojectimmedi.at.ely andasthe recordation has not yet occurred we felt it important to add the flexibility to submit prior to recordation. 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 occupancy for both phases of the Bavarian Inn affordable housing project. Comment: The GalenaPlace lawsuit is impacting our ability to get constructionfirumcing so 1 can'tpredict when our start will occur. 1 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 docurnents. Change to: a) ~nit Applications for Infrastructure ar0emoval ofFill Material: Submit application(s) within thirty (30) days after recordation of all final Aspen Mountain PUD documents. Submission before recordation is allowed. . Commenc' The goal hm is to get us to do this within 30 days of recordation. All we are askingfor hm is for the ability to apply before recordation. Permits fOr T reeremoval,fencing anddemolition are already in place. . b) Building Perrnit 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: . The change is from "issuance" to "s.ebmittal" ofa Buildingpermic As a buildingpermitfor Phase 2 {the new Bavarian)will be delayed whileweprocess therequested change to builda new structure. . The submission of a buildingpermit application on Phase 1, combined with the guarantees associated with the CO of the GrandAspen being held up by the Bavarian (both phases)we believe gives the City adequate assurance 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. . WIthout this requested change constructing a new building, instead of remodeling the old building, is problematic at besc We believe it is in everyone~ best interest: to tear dawn the oldlnnand builda new one. c) Certificate of Occupancy for the Parcell Multi-Farnily Free Market Units: No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable housing units. Change to: Final Inspection forthe Parcell Multi-Family Free Market Units: No soonerthan the receipt of a certificate of occupancy for the Parcel 2 affordable housing units. Commenc We wm requested to change this from "Certificate of Occupancy" to "Finallnspection" by the 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 Parc"ls 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 irnpact fee. No change requested. 3. Bavarian Inn Affordable Housing Project a) Building Perrnit Application: Within ninety (90) days after recordation of all final Bavarian Inn Affordable Housing Project PUD documents. Change to: a) Building Permit Application: Within ninety (90) days after recordation of all final Bavarian Inn Affordable Housing Project PUD documents. Submittal prior to recordation is acceptable. CommencAs reco.r';on will bedelayed while the new BI isproces.~eare requesting theability to iet Phase 1 going as soon aspossible, by not having to delay submittals while that change is processed Ibis allows us to speed up the process on Phase 1. b) Commencernent of Construction: Within thirty (30) days after receipt of building perrnit for Bavarian Inn project but no sooner than the recordation of all final Aspen Mountain PUD docurnents. However, should said permit fall within the months of December 1st to March 31st then commencernent shall begin no later than by May 1st of that year. Change to: b) 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 reC'brdation of all final Aspen Mountain POO 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 the Bavarian isproposed to be builtin two phases to accommodate theapproval of the new building we would like the room to move f07ward on Phase 1 while Phase 2 is being rnJiewed by the City. . c) Certificate of Occupancy: Within eighteen (18) rnonths of the date of commencernent 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 ofBI 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 Writer, Manager '" m l;a5Q- (Jl ~,. 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MEMORANDUM To: Mayor and City Council lilli, Ann Womb, eo,;,muoity D,~clopm~t rmoc1o, (I, / Fred Jarman, Planne~.:s. 71 May 13,2002 Thru: From: Date: Re: Ordinance Amending Aspen Mountain PUD Development Dates-- ("Section M Amendment") - First Readin2 Summary Grand Aspen Lodging, LLC, represented by Four Peaks Development, is requesting approval from the City Council to amend the Section M Amendments for 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 proj ects, due to a pending lawsuit and a proposed amendment to the Bavarian Inn affordable housing PUD. Staff recommends the City Council approve the requested changes with conditions. Background The Section M Amendments are a formal part of the AMPUD approvals. The Section M Amendments outline the demolition, permit application, construction, and certificate of occupancy dates regarding development on Lot 3 (aka "Top of Mill" site), Lot 5 (aka "Grand Aspen" site), and the Bavarian Inn affordable housing project. Grand Aspen Lodging, LLC would like to amend the Section M Amendments due to 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 fmancing 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 realization, 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. Four Peaks Development requests to move forward with the construction of all of the other three buildings in the Bavarian Inn project while the City processes the proposal for r-'\ " the new Bavarian Inn. This element of the development will be referred to as "Phase 1" of the project and includes 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 (attached as Exhibit 4). Phase 2 refers to the new Bavarian Inn building. Discussion Specifically, the requested amendments are 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 strick€n through. 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 a)_._Dem{)liti{)n_Time--'f.able.--Commencement.tooccur..on-or.beforeApril.-16,-2(}(il.-with completien.._no_._later_.than...July-.-:J-l-,-.;WGl,-An..-initcial.__meeting--shall--occur._.l3etween Savannah_and._th<l_adjacent-neighbors.l3y..Januar-y-.3l,.-2.QOO-to.-discuss--thedemeJ.ition process, [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. b) 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, prior to the recordation of all final AMPUD documents. Stafffeels 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. c) Certificate of Occupancy: Within thirty (30) months after commencement of constructionissuance of a bucilding permit, 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 2 r'\ n 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. Lot3, Top of Mill a) Permit Applications for Infrastructure and Removal ofFill 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. Stafffeels 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} >- 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 8: At owner's discretion, but no sooner than the issuance of submission for a building permit for Phase I of the Bavarian Inn affordable housing project. [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 M Amendments 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 buildin/< permit remain as opposed to submission for a permit as requested by the Applicant.} >- Staff Recommendation to City Council on this request: Deny request & keep currently adopted language modified to reflect the separation of the Bavarian into Phase I and II. c) Gel'tiikate of OGGupaney-Final Inspection for the Parcel 1 Multi-Family Free Market Units: No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable housing units. Or, if accepted by City, payment of in lieu fees or approval of an acceptable off site location. (Staff requested this change in language from "CO" to "Final Inspection" because COs are a jUnction of financing. More specifically, if a 3 ~\ 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. Secondly, Staff does not recommend City Council approve this request for the payment of cash-in-lieu instead of constructing the affordable housing on parcel 2. This would represent a dramatic change from what has been represented to City Council as part of their approvals for the Top of Mill portion of AMPUD. 4 Peaks Development may request and apply for an amendment to the approved PUD to more properly address this request.) >- Staff Recommendation to City Council on this request: Deny request, keep currently adopted language, and recommend the Applicant pursue a PUD Amendment to address the issue. d) Final Inspection for the Duple-x Free Market Units on Parcel~ 3,-an4-the-Single- Family-F-Fee-Ma-Fket-lJnits-on--F-aF~ls 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 jact 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 AH]. >- Staff Recommendation to City Council on this request: Approve request. 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. Submittal prior to recordation is acceptable. (As recordation will be delayed while the new Bavarian Inn is processed, Four Peaks Development would like the ability to get Phase I going as soon as possible. Again, 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.) >- Staff Recommendation to City Council on this request: Approve request. b) 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 1 st to March 31st then commencement shall begin no later than by May 1st of that year. {The Applicant would like to move forward with Phase I 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 4 t""\ r'\ Bavarian Inn structure. The Applicant has submitted the application requesting to amend the Bavarian Inn PUD and is scheduledfor review by the Planning and Zoning Commission on May 21st] >- Staff Recommendation to City Council on this request: Approve request. c) Certificate of Occupancy: Within eighteen (18) months of the date of commencement of construction as set forth in paragraph b. above. [Staff would like this language to be amended to include "and upon approval of the Chief Building Official. ''j >- Staff Recommendation to City Council on this request: Approve request as amended. Additional Staff Comments: Staffs main concern regarding 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 Carleton approval. These proposed amendments recognize that Savanah I 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 smaller buildings while the main Bavarian Inn Structure returns to the City Council for review of its demolition to allow a new Structure to be built in its place. Staff finds while these proposed amendments do not significantly jeopardize 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 finds 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 remains unchanged. Staff Recommendation Staff recommends City Council approve amending Section M of the First Amended and Restated Planned Unit Development/Subdivision Agreement for the Aspen Mountain Subdivision with the conditions stated herein. 5 r" ~'\ Recommended Motion: "I move to approve Ordinance No. _, Series of 2002, amending Section M of the First Amended and Restated Planned Unit Development/Subdivision Agreement for the Aspen Mountain Subdivision with the conditions stated herein." City Manager Comments Attachments: Exhibit I: Exhibit 2: Exhibit 3: Exhibit 4: Current Section M Amendments Ordinance No. 53, Series of2000 Applicant's Petition Bavarian Subdivision / PUD Plan 6 ..---.. I---~ AFFIDA VIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESSOFPROPERTY: h.5pe.1A AouV\t-U\'V\ fJu Dspen,co SCHEDULED P~;L1C HEARING DATE:S J j 3 ) () <=- I I .200_ STATE OF COLORADO ) ) ss. County or Pitkin ) !, ~OI \.A.-c~ LJ ~ d J- (name, please print) being or representing an AppliGantto the City of Aspen, Colorado, hereby personally certify that! have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: K Publication of no lice: By the publication in the legal notice section ofan official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is auached hereto. _ Posting of notice: By posting of notice, which form was obtained from the J Community Development Department, which was made of suitable, ... wa~erptoof materials, which was not less than twenty-two (22) inches wide ) ,JV,~ndhventy-six (26) inches high, and which was composed ofletters not {fj:~le~s than one in~.h in h~ight. Said notic~ was post~d. at least ten (10) days iJ .' pno[' to.the public hearing and was contliluously VISIble from the _ day of \.\0 \ """,_ ",200_, to and including the date and time of the public ":q,....hearing. A photograph of the posted notice (sign) is auached hereto. ~:.}>:)""""" ... . _~.S{(f.;jj11rigofnotice. By the mailing ofa notice obtained from the Community De~i6pment Department, which contains the information described in SecJion 26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days priO" to the public hearing, notice was hand delivered or mailed by first class, postage ~repaid . U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application, and, at least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal govemment, school, service. district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is auached hereto. (continued on next page) ~. ~, ~ Rezoning or lext amendment. \Vhenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sLlfficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. The forego\nro "Affidavit of Notice" was acknowledged b~fore m,:,~~ay of {/:J.rpr 1 ,200 ~ by ~;--..Y-"S ;--<1"r, -. ' ,- _,' ", ',", "'Y':"~"""r7:i;"'d"";'..,"'0'i!""~:;;';"'~",,,"' _ pUBU.y~911~~","__,," , PEN i :ND'- MENr TO SEtTlON tV! OF ,AS ",',' RE: AME, , / ,:,,",; """'-AM'Ef.:li:f"cbNStimCTi01*,:;::':"':~ MOUNTA1N pyn,~ '.'''' ..... ",.,"" . . _," ,..,....:...... _.":;.0"<.'_",~},:,,, SCHEDULE,. ", . OTIGE"'fS~BY GIVEN th~t 'P\l b He,' ,~, ",~m g :illbe heldonMo ,ay, May 13, 2002. at,a m~E;!.; ing to begin at 5; p.m. before the Aspen Cit~ . C C' "'il Chambers, City Hall, 130 S. Councli,lty oun~,,: ',",,:','-,--~'--~"; '~..".",," 't}:. GalenaSt:,Aspen, to ,conside~ ~~ppll,ea~~?~,~~,,, , . mitted, by' Fou{pea)t:~P~"~~_o,,PlTl~?t,,~:Cl~~~,I~~c;:',:, ' dment to Section M 01 the ~pen M.,o~~,: an amen "", ,::,,,:,,,,,,,,,"'<"",",,",:.~,,;,,.,,o'h"-'='''''''6'6nstruCtlon'-': ',:'" laIn PUDISubdtvIsl(lO J?:s"~"nge,, ' ,,- "--53' datestlj~t~,e~_,s~.J~,th,~, PllR~~".9~:n~ne~l ~ f iOoO'lorLOt"S4:Bt 3~he 'B~~rranlnn,'i.:';+;"~"~' o 1'""," """"'.""""""-::'{I""-'d""~""'''r115eaasLOts 3 & S, Ripeif'" propertylsleg",y ese", ,- ""C't'" dto Mouritain Subdivision, and PUD:,~nd,I~I':~E~~,:,..",:",,,<,, ' as ih~'To~ :~tMlir~il~':~[1'J~i'.9!,~~,~,,~_~~~',~~~:~ site respectively. " , '- t For 'furtlierinlormatiOri,~Oritae;~~..J.~~!L-,:,'~"" th(?Asp~litom~b~itY r5e~"e~t De_p,artlDe~t, .130S._G'I"n.'..S}"-,Ijs,.~"!:~?_,,,,,~?,~)?,,'Q.S,,,,I,o, :'::0..':: ,bY~ ernaH at'frooj@cl.aspen. o,us. ',", " """;:'''7.'' ,', ',": 's/Hel KaI,ln Kla~d,~r~~, ~ar?r " ", :", :'" , "Aspen City Council publlshedin The :Asp Times 'on April 27th, 2002.(8671) WITNESS MY HAND AND OFFICIAL SEAL '1/..2-3/ ;;L.LJD :s My commistexPires: ..s _ _J Notary Public ATTACHMENTS: .':OPYOFTHE PUBLICATION . '" , . PFwiOGMPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERMY/ENTAL AGENCIES NOTICED BYMAIL -- ("') f""""J , PUBLIC NOTICE RE: AMENDMENT TO SECTION M OF ASPEN MOUNTAIN Pun TO AMEND CONSTRUCTION SCHEDULE NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, May 13, 2002, at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Four Peaks Development, requesting an amendment to Section M of the Aspen Mountain PUDISubdivision to change construction dates that were set in the PUD and Ordinance 53 of 2000 for Lot 5, Lot 3, and the Bavarian Inn. The property is legally described as Lots 3 & 5, Aspen Mountain Subdivision and PUD; and is referred to as the Top of Mill site and the Grand Aspen Hotel site, respectively. For further information, contact Fred Jarman at the Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5102 or by email atfredj\alci.aspen.co.us. slHelen Kalin Klanderud, Mayor Aspen City Council Published in the Aspen Times on April 27'\ 2002 ------------- City of Aspen Account .. -"'- . -- r') ~ ;MoJ.~J lWenz0 'ran dunzI To: cc: Fred J annan Sunny Vann, Ran Garfield 1.---- - ..- --- .--.- ---.- ------ ------..---- --.-.---.----. ..------------------ ---J From: Scott Writer teL, 970.925.2114 Four Peaks Development fax: 970.925.1036 _ ___. . <2~nd_Asl'.en I:o~lQng2 _L.!:C . _!-"!.aij~ __swrit!~tl.rJ!.eaks:'!.~eloJ?.'!::n!::'!.m _ April 19 , 2002 R-304 Pro osed Section M amendment Below is what we would like to see in tenus of changes to the Section M agreement (Ordinance 53-2000). To help facilitate your review I am presenting this in a redlined format with our request changes shown as compared to the existing language and [our comments and/ or explanations shown in italics.) First, we need to establish some new facts: 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 to gain approval to replace the exiting BI with a new structure: and . 2002 to the City 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 City. 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, Grand Aspen Hotel site a) Demolition Time Table: COlftffiefieemeat to oeem oa or before }q3rid 16, 2001 ..ith completioa fiO latcr thaaJuly 31,2001. },a initial a,cetiag shall ocetlf bcp..eea S""aaaah aae the adjaeeat neighbors bJ J afitlal'} 31, 2000 to diSW3S the demolitioa process. [This has been completed.) ....' ,x ~ V n (v \~t\ . ~ ). (\p( \ ~ ~J \\ \'1,0 'Jr ~, \" "'- . ~ , $.... ~ \~ . " .;:, \) ~ ~ ~ -+ r'1 ~ lVIe:rnorandu:rn I b) 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. [The Building Department is alreacfy working on our plans- so I just want this changed to protect us from third parry challenges.) c) Certificate of Occupancy: Within thirty (30) months after commencement of constructioni331'tftflee of ft buildiflg permit, but no sooner than the receipt of a certificate of occupancy for bod, phases of the Bavarian Inn affordable housing project. [The lawsuit is impacting our abiliry to get construction financing so I can'tpredict when our start will occur. I can stick to the 30 month time line. if you want this as Final Inspection that is }ine.) 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 GA, I am just trying to }it this into realiry and protect us from outside challenge) 1 b) Building Permit Applications Parcels 3. 4. 5. 6. 7. and 8: At owner's discretion, but no sooner than the i3stlftflee efsubmission for a building permit for Phase 1 of the Bavarian Inn affordable housing project. [phase 2 is the new Bavarian - and that element is guaranteed with its linkage to the Final Inspection at the Grand Aspen, as are all 0/ the above units with that CO. IdeallY I'd just slnke this section - but it didn't seem like Julie would go there.) c) Certiiieate ef Oeeuj3aney Final Inspection for the Parcell Multi-Family Free Market Units: No sooner than the receiptof a certificate of occupancy for the ParcelZ affordable housing units. Or. ifaccepted bv CItj.payment of in lieu fees or approval of an acceptable offsite location. [I changed this to }it your request to drop the CO language as it relates to .free market units. I ldi it in on the Affordable housing}iguring that is what you would want. The additional language contemplates a future request to be made.) d) Final Inspection for the Duplex Free Market Units on Parcel~ 3. ana the Single Family Free Marlcet Units en Pareels 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 Mfordable Housing Project a) Building Permit Application: Within ninety (90) days after recordation of all final Bavarian Inn Affordable Housing Project PUD documents. Submittal prior to recordation is acceptable. [As recordation will be delqyed while the new BI is processed I want the abiliry to get Phase 1 going as soon as possible). b) 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 - ' ~ (\ ~ JWe/norandu/n1 recordation of all final Aspen Mountain PUD documents. However, should said permit fall within the months of December 1 st to March 31 st then commencement shall begin no later than by May 1 st 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. For your information, below is a quick summary of the schedule as we see it today: . Asbestos removal on existing BI starting: April 12 Demolition permit application (phase 1) by April 15. Complete fencing of project by April 26 (hopefully sooner). Demolition to commence within one week after Demo permit issuance. Note that we are not planniog 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). . . . . Thanks again, Scott . II r) AT)} ?,,?,vl lVIe?no~andu?n1 To: CC: Julie Ann Woods Sunny Vann, Ran Garfield Scott Writer Four Peaks Development Grand Aspen Lodging, LLC Date: April 11, 2002 Rei: R-303 Em: < tel.' fax: e-mail.' 970.925.2114 970.925.1036 swriter@fourpeaksdevelopment.com Below is what we would like to see in terms of changes to the Section M agreement ):"(Ordinance 53-2000). To help facilitate your review I am presenting this in a redlioed format with our request changes shown as compared to the existing language and [our comments and/ or explanations shown in italics.) First, we need to establish some new facts: Whereas. Grand Aspen Lodging. LLC. represented by Four Peaks Development ("41'''). purchased the property from Savanah Limited Liability Partnership on January 11 2000: and Whereas. after detailed investigation into remodeling the existing Bavarian Inn (''Bl'') 41' has determined that it is preferable to demolish the existing BI and rebuild on the existing foundation: and Whereas, 41' has submitted a Land Use application dated April to gain approval to replace the exiting BI with a new structUre: and . 2002 to the City Whereas, 41' wishes to move forward with the construction of all of the other three buildings in the proiect while the proposal for the new BI is processed by the City. 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 Bl building. Below are our request changes to 5 eetion 1: Section 1: 1. Lot 5, Grand Aspen Hotel site a) Demalitiea Time Table: Commcneement to eeem on or hefDlc }lprilI6, 2001 '.. ith completion no later than July 31, 2001. },n initifrl meeting shall eeem set\, een ~a. annah ane the acljaeeflt neighhars hy January 31,2900 to diSeu33 the demelition preee33. [This has been completed) .'- n A JVIe?norandu?n1 I b) 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. (The Building Department is alreac!J working on our plans- so I just want this changed to protect us from third parry challenges.) c) Certificate of Occupancy: Within thirty (30) months after commencement of constructionissliaaee of a buildinS permit, but no sooner than the receipt of a certificate of occupancy for both phases the Bavarian Inn affordable housing project. (The lawsuit is impacting our ability to get construction financing so I can't predict when our start will occur. Once it does start I can stick to the 30 month time line.) 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 GA, I am just trying to fit this into reality and protect us from outside challenge) b) Building Permit f.pplieatiefis: (5...1.....'<<.,..) },t o"aer's Eiiseretioa, blit ao sooaer thaa t11e isstlaaee of a builcliag pemrit for the Ila. ariaa Iaa afforaable hOliSing project "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 Phases 1 and 2 of the Bavarian Inn affordable housing project. [What seems important is not when permits are applied ftr or issued, but when units are available ftr the community. This puts the onus on us to make sure these units are done by a specific deadline. I can't submit ftr a building permit on the new BI until it is approved by the Council We will commit to jam on the BI when it is approved and have it catch up with Phase 1 by tying it to these free market CO's.) c) Certifieate ef OeetlJlaaey Final Inspection for the Parcell Multi-Family Free Market Units: No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable housing units. [I changed this to fit your request to drop the CO language as it relates to free market units. I left it in on the Affordable housingfiguTing that is what you would want.) d) Final Inspection for the Duplex Free Market Units on Parcel 3 and the Single-Family Free Market Units on Parcels 4, 5, 6, 7 and 8: No sooner than the receipt of a certificate of occupancy for an on-site accessory dwelling unit or upon the payment of the applicable affordable housing impact fee. 3. Bavarian Inn Affordable Housing Project a) Building Permit Application: Within nioety (90) days after recordation of all final Bavarian Inn Affordable Housing Project PUD documents. Submittal prior .J".... . I f' ~ ~ Menzo"randunzl to recordation is acceptable. [As recordation will be delqyed while the new BI is processed I want the ability to get Phase 1 going as soon as possible}. b) Commencement of Construction: Within thirty (30) days after receipt of building pennit for each Phase of the Bavarian Inn project but no sooner than the recordation of all final Aspen Mountain PUD docwnents. However, should said pennit fall within the months of December 1st to March 31st then commencement shall begin no later than by May 1 st 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. Julie Ann, I would appreciate your support on this. Please let myself, or Sunny know as soon as possible if you have any objections or recommended changes. Once we hear form you we will produce a final copy for your review and submittal to Council. For your information, below is a quick summary of the schedule as we see it today: . Asbestos removal on existing Bl starting: April 12 Demolition pennit application (phase 1) by April 15. Complete fencing of project by April 26 (hopefully sooner). Demolition to commence within one week after Demo pennit 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 pennit application for Phase 1 of BI no later than May 31 (hopefully by May 15 - but I am building in a cushion here). . . . . Thanks again, Scott 1r7 f~ 0//1vj f/1 IS , 1'7) - I /.~ , \l ~~ ~~ ~" ~ 'ii " " J,33liJ,S HJ,.,!, , ~ ~ , !)NI~SONV1 " N ~cJ d 'f1:Ji"cfS ~I)I~d 9'. ~ ~~ 8~ ~~ I I I I I I --:;~~r---~ . ...~3'l1\!iO SSXKJ.... NOIVI'fO:J ~~ ': ~ ~ ^ ~ , " '" ~~ ~ ~ e ;ij:' tJ~ ~ Q:- ,,~ C(~ u 7"'-1Il3015 . 6 .o~ .1 ~~I ,..---, .,i 'J"/ 14-'. I I __.J .6!lj"i ~~ I ~ ~ II . I ;;:tl , '" I [ , L t"""l \' .c., .~ t5 *~ .:::: t:j .:)OI/IA~ars !)1V/1SIX3 j -J .~... . . .... ..~.... . 8 .,...~.. ~ .......~..... ~ l ^ r- ~ e5 ~ .... :.: '-' CCl >..1 c::: I . 6 ~~ ~ "': ~ 10 ~ ~ ~ I . 6 ~~ ~ ..........,...: o' .~ ....b.. c ~ ...~ ....f..,. YJ.211'diYi'Wi .1"""'" -j '. , o 2 J,33liJ,S HJ,8 r-.. , ;; lilml~l~ , ~ ~ '<,~ ~~ ~~ t:~ ~,p'O" ~ . I " ~ 0 - ~ . " i , - ;l~ . ~ ~ ~ "- ..... ~ ~ ;S ~ ~ ~ s: ~~ Q:lftl ~ , I i a:: m . ( -0> ~ o~ o.~ ::E _~N Z OaJOl~ o 2golO t' o ~~~N 0:: ~ 3.Q!~ O~8~o '"' - 1..<..1"- t; . Ol cr: ~ ~ <: -; ~ w ZOCl~ U) (f) ita if ' W 1'/1;7 0 ~ =>~Q~5~ 2:3gaU.~ I co~5af r u W/'o a.. ~ (f) =afE.;;!w '" ~ ~ ~~ ~. ,. h , ~ ~ ~ ^ "" , " Cj~ " '-' " ct:~ q::; " '" I;; ~I> ] : ~ '..;: ~)..~~ ~ I . ~~ha - I " I~ ~ ~ ~~~t1~ , < ::s g::'=l;::: ., ~ 1..1"" ~)..~ 1 <;:l~",'l;:<::l '" ~ ~\;!t;, I~ "'~,~~~ I ~ ~ ~~~~~~ ~.,- 1 . ~(3,.J~~ , " ~~ ~~ 8~ , .t5 .t5 ;; - ~ ~ ~ , ~ , , >l7VltGOIS I !)NfdY.JSONY'l o ~ o " " 1 '" ~~ " , ~ " .~ '" .., ~ I !?;: III '" " ~ 2 " ~ e~ ': ~ ~ ^ h 1:3 ~ V:l /' ~'V' Ilr b) 1'1 (. . . RECEiVED NOY 3 0 lOCO I ASPEN I PITKIN . COMMUNITY DEVELOPMENT ~S"r Memorandum To: Mayor and City Council Thru: Steve Barwick, City Manager r Julie Ann Woods, Community Development Directot, Joyce A. Ohlson, Deputy Director From: Date: November 27,2000 Re: An Ordinance Amending Aspen Mountain PUD/Subdivision Agreement Development and Reconstruction Credit Dates-Ordinance #53, Series of 2000, 1 ,t Reading (a.k.a. Section L & M Amendments) Summary: A letter was received by the Community Development Department, dated November 16,2000, (Exhibit A) from John Sarpa of Savannah Limited Partnership requesting to amend certain construction dates and reconstruction credit dates associated with the Aspen Mountain PUDISubdivision Agreement. Savannah's letter provides a rationale and justification for extending and amending the construction dates for the Aspen Mountain PUD .and Bavarian Inn PUD, along with proposed dates for the use of the reconstruction credits associated with the project. The main justification is that of the logistics and timing of gaining land use approvals as well as having a better grasp of a more realistic construction timeline. Section M of the Aspen Mountain PUD states that City Council may provide an extension of one or more of the time peri0.ds as it may deem appropriate. These extensions may not be unreasonably withheld by Council "if the Owner demonstrates by a preponderance of the evidence that the reasons for the delay(s) which necessitate such extensions(s) are beyond the control of the Owner, despite good faith efforts on its part to perform in a timely manner." Savannah originally submitted applications for Lot 3 (Top of Mill) and Lot 5 (Grand Aspen Site) in January 1996. They had completed their review with the Planning & Zoning Commission and were beginning a series of meetings with City Council when disruptions occurred to the management structure of the, then, Ritz-Carlton Hotel. In addition, direction had been given to Savannah as to how they might make their project more responsive to community interests. In order to evaluate and respond to these issues, Savannah delayed the Aspen Mountain PUD review process. Savannah submitted revised applications for the Bavarian site, Lot 3 and Lot 5 in September of 1998. These projects gained conceptual approval from the Planning and Zoning -----'---~_..~-_.,,_... () ,Q ~ ,iDv' Commission on August 24, 1999 and from the City Council on December 6,1999. It is anticipated that plans for the final review process will be submitted by Savannah on or near December 6,2000 so that the project may continue through the City's review process. [For information purposes, Savannah submitted an application for a demolition permit (for the Grand Aspen Hotel) in a timely manner in October of this year and intends to commence with demolition after the 2000-2001 ski sea~on.J Discussion: Staff believes that granting Savannah the requested extension~ is con~istent with the requirements for amendment of the PUD. The revised construction date~ indicate a more reasonable timeline for the redevelopment of the all of the subject sites. The revi~ed dates also show a dependency within the dates for the projects to be coordinated, especially with regard to the provision of affordable housing. For example, the Building Permit Applications for Lot 3, Top of Mill can not be submitted sooner than the issuance of a building permit for the Bavarian Inn affordable housing project. Stafffeels comfortable with the "checks and balances" that are brought into this complex development picture through these amendments. We feel this is a benefit of the amendments. Staff also acknowledges that the dates for construction are well beyond what has ever been contemplated. It should be noted that the projects (AMPUD and Bavarian) are not likely to be through with the City's development review processes until late summer (2001) and if construction does not COmmence immediately that Fall, a year 2002 Spring constmction commencement would occur. It is easy to then see how the timeline gets shifted off to future years. Financial Implications: Because the applicant is responsible for payment of staff time involved in the review of development applications, there are no significant financial implications for the City in granting this extension of development deadlines. However, staff believes it is in the City's best interest to have demolitions occur by the end of July with expectation that construction could occur shortly after that date. Recommendation: Staff recommends that the proposed ordinance be adopted on first reading and a public hearing be set for second reading on December 11, 2000. Proposed Motion: Staff recommends the following motion: "I move to approve Ordinance No. 53, Series of2000, amending Section Land M of the First Amended and Restated Planned Unit Development/Subdivision Agreement for the Aspen Mountain Subdivision." City Manager Comments: Attachments: Exhibit A--Applicant's Letter C:/home/joyce/ AmpudSecL&M'OO