HomeMy WebLinkAboutordinance.council.061-03 12/1c¥2003 09:42~
BILVIA O~VIS PITKIN COUNTY C0 R 2B 00 D 0.00
OIU)INANCE NO. 61
(SERIES OF 2003)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE LITTLE
RED SKI HAUS PLANNED UNIT DEVELOPMENT AMENDMENT,
SUBDIVISION, AND TIMESHARE APPLICATION ON THE PROPERTY
DESCRIBED AS LOT O AND THE WEST HALF OF LOT P. BLOCK 69, CITY
AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO
Parcel ID: 2735-124-71-005
WHEREAS, the Community Development Departmem received an application
from Little Red Ski Haus LLC, owner, represented by Gouger & Franzmaun, LLC,
requesting approval of a Planned Unit Development Amendment, Subdivision, and
Timeshare to convert the existing Little Red Ski Haus Lodge to a timeshare lodge on the
property described as Lot O and the West one-half of Lot P, Block 69, City and Townsite
of Aspen; and,
WHEREAS, the subject property is located in the Residential Multi-Family
(R/MF) Zone District with a Lodge Preservation (LP) and PUD Overlay; and,
WHEREAS, pursuant to Land Use Code Section 26.304_.060(B), Combined
Reviews, the Community Development 'Director in consultation with the applicant has
concluded that a combined review of .t~he .land u~e requests associated with this
application would 3educe duplication and ensure economy of time, expense, and clarity;
and,
WHEREAS, pursuant to Land Use Code Section 26.445, Planned Unit
Development; Section 26.480, Subdivision; and, Section 26.590, Timeshare, the City
Council may approve, approve with conditions, or deny the land use requests made by the
Applicant during a duly noticed public heating after taking and considering comments
from the general public, and recommendations from the Planning and Zoning
Commission, Community Development Director, and relevant referral agencies; and,
WHEREAS, upon review of the application and the applicable code standards,
the Commtm~ty Development Department recommended approval of the proposed PUD
amendment, subdivision, and timeshare requests, with conditions; and,
WHEREAS, during a duly noticed public hearing on November 4, 2003, the
Planning and Zoning Commission approved Resolution No. 26, Series of 2003, by a
seven ro zero (7-0') vote, recommending that City Council approve the requested PUD
amendment, subdivision, and timeshare request; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and c6nsidered the recommendation of the Planning and Zoning Commission, the
Community Development Director, the applicable referral agencies, and has taken and
considered public comment at a public hearing; and,
Page: 2 of 5
~U~AS, ~c City Co~c~l finds ~t tho development pmpos~ meets o~ exceeds
~r~.. _~.~.~1~c~10 dew~opm~t st~d~ds ~d ~t the 8ppmv~ o[ the dewlopment proposal,
ali
with conditions, is consistent wi~ ~e go~s ~d elements of ~e Aspen ~ea CO~
PI~; ~d,
WHE~AS, ~e Ci~ Co~cil finds that ~s ~ce ~s ~d is necess~ for
· e promotion of public health, safety, ~d welf~e.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO THAT:
Section 1:
Pursuant to the procedures and standardS Set forth in City of Aspen Land Use Code Section
26.445, Planned Unit Development; Section 26.480, Subdivision; and Section 26.590,
Timeshare, City Council hereby approves a PUD Amendment, Subdivision, and Timeshare
request to allow for the Little Red Ski Haus Lodge located at 118 E. Cooper Avenue to
convert to a timeshare lodge, with the following conditions:
1. The approved fractional interest breakdown is as follows:
Number of Units Description Number of Fractional Number of Weeks
Ownership Interests Allocated to Each
Available per Unit Fractional Ownership
Interest
1 Luxury Suite 16 3 Weeks
(Consisting of 2
of the existing
lodge rooms)
3 Executive/Family 16 3 Weeks
3 Historic King 16 3 Weeks
3 Standard King 16 3 Weeks
2 Bunk Rooms 16 3 Weeks
The Applicant shall cooperate with the City by providing a list of owners names and
addresses to help the City conduct future audits through owner surveys in an effort
to determine if the projected indirect sales tax figures are accurate.
Final Condominium Declarations shall be submitted to the City concurrent with
the submission of the Condommium Subdivision Plat and shall include the
following language regarding timeshare:
Timeshare estates, including the four (4) weeks per unit that are
to be retained by the Applicant. shall be made available for short-
term rental when the estate is not in use by the owner of the unit,
the owner's guests, or persons occupying the unit under an
exchange program. Units that are available for rental shall be
listed at competitive rates in a central reservation system.
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12/19/2003 09:42A
SI VIA DAVIS PITKIN COUNTY CO R 26.00 0 0.00
The covenants of the homeowners association shall permit walk-
in rental of units. The association shall not limit rental of units to
such arrangements as only weekly rentals or Saturday-to-
Saturday rentals; instead the association shall permit shorter
stays, split-week rentals, and similar flexible arrangements.
Owners of timeshare estates shall be provided, at closing, with a
five (5) year schedule that will be updated on a periodic rolling
basis. An owner of a fimeshare estate shall required to provide a
notice of no less than a full month (30 days) of the/r intent not to
use a specific week.
The owner of a timeshare estate shall not be permitted to occupy
that estate for any period in excess of thirty (30) consecutive
calendar days.
The owner of a timeshare estate shall be prohibited from storing a
vehicle in a parking space on-site when that owner is not using the
estate.
The Applicant shall submit all timeshare documents and disclosure statements to
the City Attorney for review prior to their recordation at the Pitkin County Clerk
and Recorder's Office.
5. Each owner of an estate shall have an undivided interest in the common
recreational areas within the facility.
The timeshare lodge units that remain in the developer's inventory shall be made
available for rental to the public while the estates are being sold, except for models
and other milts that are needed for marketing or promotional purposes.
The Applicant shall pay a fee of $82,471 to offset an expected reduction in lodg/ng
tax revenues to be collected by the City of Aspen due to the conversion of the lodge
to a timeshare lodge over the expected life of the project. Seventy-five (75) percent
of the total due shall be paid upon selling forty (40) percent of the total timeshare
interests that are available to the public and the remaining twenty-five (25) percent
of the balance shall be paid upon selling sixty (60) percent of the total timeshare
interests available to the public.
Section 2:
This Ordinance shall not effect any existing htigation 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 construed and concluded under such
prior ordinances.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affecl the
validity of the remaining portions thereof.
Section 4:
A public hearing on the ordinance shall be held on the 15th day of December, 2003. in the
City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 24th day of November, 2003.
Attest:
passed and approved by a vote of four to one (4-1), this 15th day of
Attest:
12/19/2003 09:42R
SII_VI~ DAVIS PITKIN COUNTY CO R 26.00 D 0.00
Jo~fi'l~. ~7or~ste~, City Attorney