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HomeMy WebLinkAboutordinance.council.053-00 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 Ordinanc, e # 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 (,'PUD 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 amendments, and WHEREAS, pursuant to the Agreement and an amendment made thereto by Ordimmce #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 Savarmah's projected development review process, PUD approval timelines of the City and the projected construction timelines; and WHEREAS, Savannah submitted a "Conceptual PUD 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 ft~hers 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: 2 Section 1: The Aspen City Council does hereby amend Savaunah's construction schedule deadlines as set forth in Section A 2 of the PUD Agreement, and as previously mended 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 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 ora certificate of occupancy for the Bavarian Inn affordable housing project. 2. Lot3, Top of Mill a) PermitApplicationsforlnfrastructureandRemovalofFillMaterial: 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 Parcel l 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 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. 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 fail within the months of December 1~t to March 31~t then commencement shall begin no later than by May lst 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 PUD 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 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 ] 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: This ordinance shall no~ 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 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 1 lth 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. · '. har A. TTEST: 'Kathr~n S; ~oeh, C~ty Clerk FINALLY adopted, passed, and approved this I 1 ATTEST: Kathryn S~och, City Clerk 5