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HomeMy WebLinkAboutordinance.council.030-04 Page: 1 o¢ 15 11/15/2004 11:06A SILVIA DAVIS PITKIN COUNTY CO R 76.00 D 0.00 Ordinance~N o. 30 (SERIES OF 2004) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING FINAL PLANNED UNIT DEVELOPMENT, GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS, SUBDIVISION, CONDOMINIUMIZATION, TIMESHARE, AN AMENDMENT TO THE OFFICIAL ZONING MAP, AND ACCEPTING A DEDICATION OF LAND FOR PUBLIC-RIGHT-WAY IMPROVEMENTS FOR THE RESIDENCES AT LITTLE NELL, LOCATED AT 535 DEAN AVENUE, AND AN AMENDMENT TO THE LITTLE NELL SPECIALLY PLANNED AREA, LOCATED AT 675 EAST DURANT AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID (Tipple Lodge Parcel): 2737-182-36945 Parcel ID (Tipple Inn Parcel): 2737-182-36291 Parcel ID (Tippler Parcel): 2737-182-96033 Parcel ID (Conservation Parcel): 2737-182-36877 Parcel ID (Aspen Skiing Company Parcel): 2737-182-00080 Parcel ID (Little Nell Hotel Parcel): 2737-182-50102 Parcel ID (Henn Residence): 2737-182-96002 Parcel ID (Anderman Residence): 2737-182-96005 Parcel ID (Jacoby Residen ce): 2737-182-96004 Parcel ID (Westpac Residence): 2737-182-96003 WHEREAS, the Community Development Department received an application from the Aspen Land Fund, LLC (Applicant), represented by Sunny Vann of Vann Associates, requesting approval of a Final Planned Unit Development (PUD), Growth Management Quota System (GMQS) Exemptions, Subdivision, Condominiumization, Timeshare approval, Special Review, Amendment to the Official Zoning M~p, Special Planned Area Amendment, 8040 Greenline Review, and a dedication of land to the Dean Street right-of-way for the Residences at Little Nell Planned Unit Development; and, WHEREAS, the application submitted for the Residences at Little Nell (plans dated May 1, 2004) proposes a 108,000 square foot, multi-story structure consisting of 24 timeshare units, 8 hotel rooms, 2 condominium units, 8 affordable housing units, approximately 8,900 square feet of commercial space, and a 70 space sub-grade parking garage; and, WHEREAS, the Community Development Department received referral comments fi'om the Aspen Consolidated Sanitation District, City Engineering, Building Department, Fire, Streets, Housing, Environmental Health, Parks and Water Departments as a result of the Development Review Committee meeting; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the Final Planned Unit Development (PUD), Growth Management Quota System (GMQS) Exemptions, Subdivision, Condominiumization, Timeshare, City of Aspen Ordinance No. 30, Series of 2004. Page 1 Page: 2 of' 15 11/15/2004 il. 061~ SILVIA DAVIS PITKrN COUNTY CO I~ 76.00 D 0,00 Special Review, Amendment to the Official Zoning Map, Special Planned Area Amendment, and 8040 Greenline Review and recommended approval with condltions-_.~., and, WHEREAS, pursuant to Section 26.430 of the Land Use Code, Special Review approval may be granted by the Planning and Zoning Commission at a duly noticed public hearing after considering recommendations by the Community Development Director, and relevant referral agencies; and, VOtEREAS, pursuant to Section 26.435 of the Land Use Code, 8040 Greenline Review approval may be granted by the Planning and Zoning Commission at a duly noticed public hearing after considering recommendations by the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Section 26.310 of the Land Use Code (Amendment to the Official Zone District Map, Section 26:440 (Special Planned Area & Amendment), Section 26.445 (Final Planned Unit Development), Section 26.470 (Growth Management Quota System Exemptions), Section 26.480 (Subdivision and Condominiumization), Section 26.590 (Timeshare) approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, at their regularly scheduled meeting on June 2, 2004, the Aspen / Pitkin County Housing Authority forwarded a unanimous recommendation of approval with conditions to City Council to approve the proposed affordable housing mitigation and replacement units for the Residences at Little Nell; and WHEREAS, Final Planned Unit Development (PUD), Growth Management Quota System (GMQS) Exemptions, Subdivision, Condominiumization, Timeshare, Special Review, Amendment to the Official Zoning Map, Special Planned Area Amendment, and 8040 Greenline Review by the Plauning and Zoning Commission requires a public hearing and this application was reviewed at a public hearing where the recommendations of the Community Development Director and comments from the public were heard; and, WHEREAS, the subdivision approval is for the amendment to the Little Nell Subdivision and adjacent Aspen Skiing Company parcel to create parcels to be conveyed and become part of Lot #1 Residences at Little Nell Subdivision, a replatting of the Tipple Woods Subdivision dissolving and replacing all former plats and renm~bering former Lots 4,' 5, and 6 as new Lots 1, 2, and 3, creation of Lot #1 of the Residences at Little Nell Subdivision with new easements and boundaries and eliminating all former internal property boundaries and easements, creation of multi-family units on Lot #1 Residences at Little Nell Subdivision, and creation timeshare estates on Lot #1 Residences at Little Nell Subdivision; and, WHEREAS, during a regular meeting on August 3, 2004, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and continued the public hearing to August 10, 2004; then continued it to August 17, 2004 where the Planning and Zoning Commission approved the request for Special Revie~v and City of Aspen Ordinance No. 30, Series of 2004. Page 2 Page: 3 of 15 11/15/2004 1! SILVIA DAVIS PITKIN COUNTY CO [~ 76.00 0 0.00 the 8040 Greenline Review and recommended City Council approve the Final Planned Unit Development (PUD), Growth Management Quota System (GMQS) Exemptions, Subdivision, Condominiumization, Timeshare, Amendment to the Official Zoning Map, and Special Planned Area Amendment by a four to zero (4-0) vote, with the findings and conditions listed hereinafter; and, WHEREAS, the Aspen City Council has reviewed and considered the application according to the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and, WltEREAS, the City Council finds that the apPlication meeting or exceeding all applicable standards of the land use code of the City Of Aspen Municipal Code and that the approval of the proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that the application for rezoning meets or exceeds the applicable standards for rezoning, including whether the proposed amendment is in conflict with any applicable portions of this Title, whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan, whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics, the effect of the proposed amendment on traffic generation and road safety, whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities, whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, whether the proposed amendment is consistent and compatible with the community character in the City of Aspen, whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment, whether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent of this Title, staff analysis of these standards included in Exhibit C of the September 27, 2004, staff memorandum to City Council, and comments and testimony provided by the public during public hearing; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: The Residences at Little Nell project is hereby approved, subject to the conditions of approval listed' hereinafter. Section 1: Rezoning City of Aspen Ordinance No. 30, Series of 2004. Page 3 The Official Zone District Map of the City of Aspen shall be, upon filing of the Subdivision plat and Final PUD Plans, amended by the Community Development Director to reflect Lot #1 of the Residences at Little Nell as included in the Commercial Lodge (CL), Conservation (C), and Lodge Tourist Residential (LTR) zone districts, as depicted in Exhibit A to this Ordinance and to be more precisely delineated on the Zoning Map of the Final PUD Plans. Section 2: PrOiect Dimensions Considering the dimensions of the underlying zone districts of the Residences at Little Nell property as a guide, the following dimensions of the project are approved and shall be reflected in the Final PUD Plans: 504168 Page: 4 of 15 ~1/~5/2004 1~.:~6~ City of Aspen Ordinance No. 30, Series of 2004. Page 4 Minimum Lot Size ..SILVIA DAVIS PITKIh Minimum Lot Area per Dwelling Unit COUNTY CO 504168 Page: 5 o,x' 15 11/ts/zoe4 !t:O6R R 76.00 D 0.00 66,737 Square Feet No requirement Maximum Allowable Density No requirement Timeshare units Lodge Units Residential Units Minimum Lot Width Minimum 24 units, comprised of 19 three-bedroom units and 5 four-bedroom units. 16 of the timeshare units include "lock-off" units for a total of 40 rentable divisions. 8 units 2 Free-market units. Also see Section 9. 8 Affordable Studio units. Also see Section 8 From Yard Setback Minimum West Side Yard Setback 0 feet Minimum East Side Yard Setback 0 feet Minimum Rear Yard 4 feet Maximum Site Coverage Maximum Height Min. Distance between Buildings Min. Percent of Open Space Allowable External Floor Area Minimum Off-street parking Spaces 206 feet measured along the Dean Avenue right-of-way. 0 feet As represented on Final PUD Development Plan. Reference drawing #9 of application. As represented in the recorded Final PUD' Plans .Height Plan. Also see Section 3. Reference drawing #30 of application. The recorded Height Plan shall govern over the application drawings. No Requirement 0 percent, provided areas outside the building footprint shall only be developed according to the Final PUD Development Plan. Reference drawing #9 of application. 108,000 square feet. 2 short-term spaces within the porte-cochere 70 spaces within the underground parking garage, Reference drawings # 10 and # 11 of application. Section 3: Height Plan The Final PUD Plans shall include a height Plan depicting the height of the building at various pOints relative to the lower of existing or proposed grade and relative to a fixed elevation control point. Section 4: Multi-Family HoUsing Replacement Program The Development Order issued commensurate with final approval by City Council shall constitute a "Certificate of Compliance" in accordance with Chapter 26.530 - Multi- FamilY H°using Replacement Program. CitY of Aspen Ordinance No. 30, Series of 2004. Page 5 Page: 6 of 15 11/15/2004 ].1:06~ SILVIA DAVIS PITKIN COUNTY CO R 7s.ee D e.ee Section 5: Impact Fees Park Impact Fees of $58,315.95 shall be assessed. Amendments to the Project or to the fee schedule adopted prior to issuance of a building permit shall require a new calculation. The following fee total is based on the current fee schedule: Park Fees - Proposed Development: 8 Studio affordable housing units ~ $1,520 per unit = $12,160 8 studio lodge units~ $1,520 per unit = $12,160 19 three-bedroom lodge units ~ $3,634 per unit = $69,046 5 four-bedroom lodge units ~ $3,634 per unit = $18,170 2 four-bedroom residential units ~ $3,634 per unit = $7,268 8,900 square feet of Commercial ~ $1,785 per 1,000 s.f. = $15,886.50 Total -- $134,690.50 Park Fees - Credit for Existing Development: 2 Studio residential units~ $1,520 per unit = $3,034 10 studio lodge units~ $1,520 per unit = $15,200 3 one-bedroom units~ $2,120 per unit = $6,360 9 two-bedroom units~ $2,725 per unit = $24,525 1 four-bedroom unit~ $3,634 per unit = $3,634 13,230 square feet of commercial ~ $1,785 per 1,000 s.f. = $23,615.55 Total Credit = ($76,374.55) Total Park Impact Fee Due = $58,315.95 School Land Dedication Fees are assessed based on one-third the value of the unimproved land divided by the proposed number of residential units on a per acre basis. The City of Aspen verifies the unimproved land value of the lands underlying the Project to be $28,357,900 from information on recent transactions provided by the applicant. Divided by the 1.55 acres of land area (67,618 square feet), this results in a per acre value of $18,295,419. One-third of this value divided by the proposed I0 residential units results in a $609,847 per acre .standard for calculating the impact fee. The subject subdivision is not conducive to locating a school facility and a cash-in-lieu payment shall be accepted. School Land Dedication Fees are follows, payable at building permit issuance: 1/3 land Land Per unit Number value per Dedication Fee of Units unit per standard acre (acres) Studio/One $609,847 .0012 $731.81 8 $5,854:50 bedroom Two Bedroom $609,847 .0095 $5,793.55 0 $0 City of Aspen Ordinance No. 30, Series of 2004. Page 6 Page: '/ of 15 11/15/2004 11:06A .SILVIA DAVIS PITKIN COUNTY CO R ?6.00 D 0.00 Three $609,847 .0162 $9,879.52 0 ~0 Bedroom Four Bedroom $609,847 .0248 $15,124.20 2 $30,248.40 Total: $36,102.90 Amendments to the Project or to the fee schedule adopted prior to issuance of a building permit shall require a new calculation. The above fee total is based on the current fee schedule. · Section 6: Water Department Standards The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards of Municipal Code Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Section 7: sanitation District Standards The applicant shall Comply with the Aspen Consolidated sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed to ACSD lines. All improvements below grade shall require the uSe of a pumping station. Section 8: Affordable Housing The applicant shall provide affordable housing mitigation for 60 Full-Time Equivalents in the following manner: Eight studio rental units to be constructed on site and restricted to Category 2. ' Fifteen units to be provided by the "buy down" of the Obermeyer Resident Occupied (RO) one-bedroom units. Seven of these units shall be Category 2 and eight shall be Category 3. · Eight three-bedroom for-sale units to be constructed at the Aspen Airport Business Center (AABC), known as the Alpine Grove Condominiums. Three of these units shall be Category 2 and 5 shall be Category 3. A Certificate of Occupancy for the Residences at Little Nell shall not be issued until such time as Certificates of Occupancy for the deed restricted affordable housing units, which are required for mitigation, have been issued. The employees to be housed in the deed-restricted units shall meet the qualification criteria contained within the APCHA Guidelines and the Obermeyer buY2down units shall be governed by the City Council' approvals for the Obermeyer Place project. The applicant shall structure a deed restriction for the eight on-site studio rental units such that 1/10th of 1% of those units are deeded in perpetuity to the APCHA; or the applicant may propose any other means that that APCHA determines acceptable. City of Aspen Ordinance No. 30, Series of 2004. Page 7 Page: & of' 15 11/15/2004 11:06~ STLVTR DRVZS PTTKIN COUNTY CO F~ 76.0e D e.ee Employees to be housed in the-~-'-~----~--' - J deed-restncte~~n~e~tHe m~mmum occup~cy requirements under the APCHA G~delines. The deed restriction shall be recorded conc~ently with the recordation of the condominim map to the City of Aspen ~d sh~l abide by all res~ictions as stated in the Guidelines. Section 9: Conversion of Free-Market Residential Units to Timeshare Units The two free market condominium traits may be condominiumized and sold as wholly- owned residential units and occupied on a short- or long-term basis. These two units may be converted and included as part of the timeshare use plan pursuant to an Insubstantial PUD Amendment. Section 10: Subdivision Plat & Final PUD Plans Within 180 days after final approval by City Council and prior to applying for a Building Permit, the applicant shall record a Subdivision Hat and a Final PUD Development Plan. The Subdivision Plat shall comply with current requirements of the City Community Development Engineer and shall include: 1. The final property boundaries and disposition of lands to be dedicated to the Dean Street right-of-way. 2. The location of Revocable Encroachments for physical improvements within public rights-of-way with reference to agreements and licenses appended to the PUD Agreement. 3. The location of utility pedestals with access easements for the utility provider. Transformers and pedestals shall be located outside of the public right-of-way. 4. The applicant shall provide the final approved Subdivision line data or survey description data describing the revised street and parcel boundaries to the Geographic Information Systems Department prior to applying for a building permit. The final building location data, including any amendments, shall be provided to the GIS Department prior to issuance of a Certificate of Occupancy. The Final PUD Plans shall include: i. An illustrative site plan with adequate snow storage areas and/or snow melted areas depicted. Approved project dimensions shall be printed on the final illustrative plan. 2. A landscape plan showing location, amount, and species of landscape improvements with an irrigation plan with a signature line for the City Parks Department. 3. Design specifications and profiles for the Dean Street improvements. To the extent practicable, the design for Dean Street improvements shall be consistent with any final master design plan adopted by the City for Dean Street improvements. 4. An architectural character plan demonstrating the general architectural character and depicting materials, fenestration, projections, and locations of projections such as elevator shaft heads, mechanical equipment, etc. Mechanical equipment shall be screened fi'om pedestrian view. City of Aspen Ordinance No. 30, Series of 2004. Page 8 Page: g of 15 11/15/2004 11~06A SILVIA DAVIS PITKI~ COUNTY CO R 76~00 O 0.00 5. Floor plans of each level depicting unit division~ and plaza level-lmpro~vements. 6. A utility plan meeting the standards of the City Engineer and City utility agencies. 7. A grading/drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. Off-site improvement shall be done in coordination with the City Engineer (also see Sectionl 1, condition 6.) 8. An exterior lighting plan meeting the requirements of Section 26.575.150. Section 11: Subdivision/PUD Agreement Within 180 days after final approval by City Council and prior to applying for Building Permit, the applicant shall record a Subdivision/PUD Agreement binding this property to this development approval. The Agreement shall include the necessary items detailed in Section 26.445.070, in addition to the following: 1. Revocable Encroachment agreements and licenses for physical improvements within public rights-of-way with reference to their locations depicted on the Subdivision Plat. 2. The agreement shall state the ownership and maintenance responsibilities of the common areas oft he project. 3. The agreement shall include a maintenance and operating agreement for Dean Street. The design, installation, maintenance and operational costs for new surface and subsurface improvements to'Dean Street shall be borne by the owner of the Residences at Little Nell project and its successors and assigns. New subsurface improvements shall include a snowmelt system and similar features but exclude existing utilities within the right-of-way. Costs of replacing surface and subsurface improvements as a result of accessing City-owned utilities or other'subsurface work that damages surface and subsurface improvements installed by Residences at Little Nell, including the snowrnelt system, shall be borne by the City of Aspen. The City of Aspen shall not be responsible for costs of replacing surface and subsurface improvements damaged as a result of utility work on non-City-owned utilities. 4. An estimated construction schedule with estimated schedules for construction phases affecting city streets and infrastructure and provisions for noticing the City Streets Department, the City Engineering Department, utility providers (including City agencies), and emergency service providers. 5. An agreement to return Galena Street to an acceptable condition after construction, as determined by the City Engineer. Subsurface work may be necessary. Curb and gutter work may be necessary. A final two-inch overlay may be necessary. In the alternative, the applicant may pay a one-time payment concurrent with receipt of a building permit of $7,950 into the City street maintenance fund (an amount equal to City of Aspen Ordinance No. 30, Series of 2004. Page 9 SILVIA DAVIS PITKIN COUNTY CO F~ ?6.00 D 0.00 the cost of a 2" asphalt overlay over half the wid~----~ of Ga-~ha ~treet-a~ong the frontage of the Little Nell property to Durant Street). 6. $172,000 to offset City expenditure for project-related off-site drainage improvements shall be payable concurrent with receipt of a building permit. This fee has been determined by the City Engineer and prorated with other properties receiving such benefit. 7. In order to secure the performance of the construction and installation of improvements in the public rights-of-way, the landscape and public facilities performance security shall include and secure the estimated costs of proposed right-of-way improvements. 8. A license agreement to use Dean Street, or a portion thereof, adjacent to the project site for construction staging including a fee to use the land at a rate of $1.25 per square foot per month for the time period in which the land is to be occupied for construction staging. Section 12: Pre-Construction Meeting, Prior to Building Permit Submission, a meeting between the following parties shall be conducted: Developer/Applicant, Project Architect, Project Planner, Prime Contractor, City Staff Planner, Community Development Engineer, Zoning Officer, Building Official/Plans Examiner. The purpose of the meeting is to identify the approving ordinance and any amendments, identify conditions of approval, identify the timeline for plat and PUD/SIA agreement recordation, identify the types of building permits necessary and the development activities that can be conducted prior to receiving a building permit, review any critical timeline issues, review the steps and timing of the building permit process, discuss responsibilities of all parties in getting permits, Changes, etc., and review the Building Department checklist. Section 13: Building Permit Requirements The building permit application shall include/depict: 1. A signed copy of the final Ordinance granting land use approval. 2. A letter from the primary contractor stating that the approving Ordinance has been read and understood. 3. The conditions of approval shall be printed on the cover page of the building permit set. 4: A completed tap permit for service with the Aspen Consolidated Sanitation District. A tree removal mitigation payment of $27,645.31. This figure represents the difference between the assessed value of trees to be removed and the cost estimate to supply and install the proposed trees and native vegetation. Amendments to the plan shall require a recalculation. City of Aspen Ordinance No. 30, Series of 2004. Page 10 10. Pa~e: 11 of~ 15 11/15/2004 11:06~ STLV'r,q O~VZS PZTKTN COUNTY CO ~ "/s.ee D e.ee A fugitive dust control plan approved by the Environmental Health Department which addresses watering of disturbed areas including haul roads, perimeter silt fencing, as-needed cleaning of adjacent rights-of-way, speed limits within and accessing the site, and the ability to request additional measures to prevent a nuisance during construction. The applicant shall wash tracked mud and debris from the street as necessary, and as requested by the City, during construction. Submission of a fugitive dust control plan to the Colorado Department of Public Health and Environment Air Quality Control Division may also be necessary. A study performed by a Colorado licensed Civil Engineer demonstrating how the required excavation of the site may be performed without damaging adjacent structures and/or streets. If the applicant utilizes soil pins to stabilize excavation cuts, the applicant shall be required to provide a financial assurance in an amount to be determined by the Community Development Engineer. The City Engineering Department would strongly prefer that the applicants use soil hardening techniques rather than soil pins to stabilize the excavation cuts. (A study has been submitted and is under review by the City.) A construction site management and parking plan meeting the specifications of the City Building Department. (A study has been submitted and is under review by the City.) The applicant shall submit a Soil Suitability and Slope Stability Analysis by a licensed engineer with a specialty in geo-technical sciences. At a minimum, such report shall determine the feasibility of excavating the hillside and identification of any necessary mitigation during construction of the lodge to protect adjoining properties from damage. In addition, the report shall include a baseline for slope stability prior to any excavation, establish a monitoring program to be implemented throughout the construction and for two years after completion of construction using accepted engineering standards approved by the City of Aspen, including, without limitation, review of all soils, engineering designs, de-watering plans, and other applicable standards. (A study has been submitted and is under review by the City.) The roof plan shall demonstrate substantial compliance with the representations made by the applicant with regard to limiting the rooftop mechanical equipment and the use of non-reflective roofing material. Prior to issuance of a building permit: 1. All tap fees, impacts fees, and building permit fees shall be paid. 2. The location and design of standpipes, fire sprinklers, and acceptable to the Fire Marshall. alarms shall be 'Section 14:PM10 Mitigation Plan In order to reduce the impacts of PM10 generated by the project, the project shall provide a shuttle service for use by the owners/guests of the Residences at Little Nell and shall advertise to their guests that need for a personal/rental car is not mandatory due to the City of Aspen Ordinance No. 30, Series of 2004. Page 11 11/15/2004 11:06A SILVIA DAVIS PITKIN COUNTY CO R '/6.00 D 0,00 shuttle amenity. In addition, the Environmental Health Deparhn~c-°~mmends (but is~not requiring) that the lodge and its businesses join the Transportation Options 'Program and provide secure covered bike storage. This PM10 mitigation plan has been accepted by the City's Environmental Health Department and no further plan shall be required. Section 15: Delivery Dock No tracking, shipping and/or receiving, service, inspection, or commercial vehicles serving the Residences at Little Nell and/or associated commercial facilities shall utilize Ute Avenue for such purposes. All shipping and receiving, service vendors, inspection, and other commercial vehicles to and from the Residences at Little Nell and its associated commercial facilities shall be only via its parking garage and/or loading dock off of Galena Street. Section 16: Condominiumization Condominiumization of the Project to define separate ownership interests of the Project is hereby approved by the City of Aspen, subject to recordation of a condominiumization plat in compliance With the current (at the time of condo plat submission) plat requirements of the City Community Development Engineer. Section 17: PUD Plans Check Prior to recordation of the Final PUD Plans, the plans to be recorded shall demonstrate substantial compliance with the representations and drawings made and presented during the prOject review. Section 18: Restaurant The Project's restaurant, bar and outdoor dining terrace shall be open for the sale of food and beverages to the general public, and the outdoor dining terrace shall be open and available for use in conjunction therewith, weather permitting, all days of the year that the Aspen Mountain Skiing Area is open for public skiing, for a minimum of three (3) hours after the gondola lift at Little Nell closes each day. In addition, the bar and the outdoor dining terrace shall be open to the general public each day during the "summer season", which shall be deemed to run from June 15 through October 15 of each year, during all daytime hours that the gondola is open to the general public. During hours of operation, the restaurant shall be open to the general public. No memberships shall be required, although occasional private events may be held. Section 19: Vested Rights The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. No later than fourteen (14) days folloWing final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific City of Aspen Ordinance No. 30. Series of 2004. Page12 1/15/2084 11:06A SILVIA DAVIS PITKIN COUNTY CO R ?(~.00 D 0.00 development plan and creation of a vested property right pursuant to~-~is~l'~ notice shall be substantially in the following, form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lot #1, Residences at Little Nell Subdivision and PUD. Section 20: All material representations and commitments made by the developer pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, or the Aspen City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. Section 21: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 22: 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 affect the validity of the remaining portions thereof. Section 23: That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this Ordinance in the office of the Pitkin County Clerk and Recorder. Section 24: A public hearing on the Ordinance shall be held on the 27th day of September, 2004, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado. fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. Section 25: This ordinance shall become effective thirty (3.0) days following final adoption. [signatures on following pagel City of Aspen Ordinance No. 30, Series of 2004. Page 13 INTRODUCED, READ AND O~E~'D P~LiSHED a~ provided by 1aw, by the City Council of the City of Aspen on the 1~3 day of~, 2004. Attest: FINALLY, adopted, passed and approved this ~. day of 0 ~~ Attest: Kath~n S. KocyCity C(erk - Approved as to form: City Attorney Page: 14 of 15 11/15/2004 II:06A SILVIA DAVIS PITKIN COUNTY CO R 76.00 D 0.00 Exhibff A - Proposed Zoning Boundary Map C:\home\Current Planning\CASES\Residences~LNkFinal\Ordinan.ce.doc City of Aspen Ordinance No. 30, Series of 2004. Page 14 SILVER CiTY]CE RINK 'GALENA~--~EET cL/ [PUD] lNG MAP GONDOLA PLAZA The Residences al FINAL PUD SUE 11/1512004 [1:06A $ILVIA DAVIS PITKIN COUNTY CO R 76.00 D 0.00 ~SPEN C[~¥ OF 504,16S