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Home My WebLink Aboutcoa.lu.ca.Code Interpretation.0038.20111 0038.2011.ASLU 130 S. GALENA ST CODE INTERPRETATION 0 u THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0038.2011.ASLU PARCEL ID NUMBER NO PARCEL PROJECTS ADDRESS 130 S. GALENA ST PLANNER JEN PHELAN CASE DESCRIPTION CODE INTERPRETATION REPRESENTATIVE SFP-ABR, LLC DATE OF FINAL ACTION 8.1.11. CLOSED BY ANGELA SCOREY ON: 8.10.11 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT LAND USE INTERPRETATION JURISDICTION: City of Aspen APPLICABLE CODE SECTIONS: 26.304.030 (F), No Multiple Applications APPROVED 26.445.070 recording a Final PUD Development Plan EFFECTIVE DATE: OLD i 201 COMMUNITY DEVELOPMENT DIRECTOR WRITTEN BY: CITY OF ASPEN APPROVED BY: 0 June 13, 2011 Jennifer Phelan, Deputy Planning Director Chris Bendon, Community Development Director SUMMARY: The Applicant, Aspen FSP-ABR, LLC currently is approved to build a lodge development as outlined in Ordinance No. 26 (Series of 2006). The lodge project is fully entitled, having received land use approvals and perfected those approvals by recording the necessary plats and development agreements. Currently, the Applicant is,the land use review process for a proposed residential project on the same site. The City does not permit two projects to be entitled simultaneously on any one property. However, the City does not require an applicant vacate their existing entitlement in order to pursue a land use application for an alternate project on the same site. The Applicant's question is at what point, or under what conditions, does land use approval for a second project override an existing entitled project on the same site; can both land use approvals remain valid for a period of time; and, at what point does a new approval supersede a former approval. DISCUSSION AND INTERPRETATION: Section 26.304.030 (F), No Multiple Applications, of the land use code states that, "the City of Aspen shall not accept or review more than one development application concurrently on any one property or portion of a property. To submit a new application on a property, any active development application must be vacated." This language prohibits two active land use applications on one property. The requirement to vacate a development application in order to submit a new application only pertains to applications for land use approvals. The requirement does not force an applicant to nullify an entitled project in order to submit a land use application for the same property. In this case, the Applicant has received a site specific approval that is fully entitled project— the lodge project. The Applicant was and is not required to vacate that entitlement in order for the City to accept and review a new planning application — the residential project.. Section 26.470.110 of the Land Use Code provides a limitation on the number of entitled projects for a property. "No more than one (1) project shall be entitled to growth management allotments on any one (1) parcel concurrently. In order to entitle a different project on the same parcel, existing growth allotments must be vacated." Many projects require filing of development agreements, subdivision plats, or PUD plans within a certain timeframe after approval for the project to be considered entitled. For example, Land Use Code Section 26.445.070, Recording a Final Development Plan, requires that all necessary documents associated with final approval of a PUD by City Council be recorded within 180 days of ordinance approval. As noted in the section, "failure to file these documents within this time period shall render null and void the approval of a final development plan." Once these documents are recorded, the project is considered entitled and may proceed to building permit review and ultimately construction. If an applicant receives approval and then fails to record these documents, the approval is not perfected and the project is not entitled and the approval is considered void. An applicant. may choose to not record these documents because they changed their mind, they prefer the existing entitled project, or they simply cannot meet a requirement of the approval such as obtaining a construction performance bond. In any case, the recording of the plats and agreements is the moment an approved project is considered entitled. And, there necessarily is a period of time between the City granting land use approval and a project being fully entitled. If the Applicant receives ordinance approval for a second site specific development plan, both plans are valid site specific development plans. Only one project may be entitled at any one time, which necessitates the recordation of the plats and agreements for a second project to supersede and replace the former plats and agreements. It is at this point the former approval becomes void. The timeframe for recording plats and agreements is typically 180 days from the date of approval unless otherwise stated in the approval Ordinance. Certain extensions may be granted for good cause. The Applicant's Lodge project is entitled, having been approved and with all plats and agreements recorded. The Applicant is seeking approval for a Residential project. If the Residential project is approved, the Applicant will have 180 days (unless otherwise stated in the approving Ordinance) to record plats and agreements for the Residential project. The Lodge project will continue to be the one entitled project for the site until plats and agreements for the Residential project are recorded, at which point the Residential project will be the one entitled project for the property. LIMITATIONS OF DECISION: This interpretation relies on the City's Land Use Code currently in effect, which is subject to change. This interpretation shall be valid until such time as the provision in Land Use Code addressed by the interpretation. is amended. This interpretation does not create legal or vested right. This interpretation will be maintained in the official record of all interpretations as provided under Section 26.306.010.E. APPEAL OF DECISION As with any interpretation of the land use code by the Community Development Director, an applicant has the ability to appeal this decision to the Aspen City Council. This can be done in conjunction with a land use request before City Council or as a separate agenda item. 26.316.030(A) APPEAL PROCEDURES Any person with a right to appeal an adverse decision or determination shall initiate an appeal by filing a notice of appeal on a form prescribed by the Community Development Director. The notice of appeal shall be filed with the Community Development Director and with the City office or department rendering the decision or determination within fourteen (14) days of the date of the decision or determination being appealed. Failure to file such notice of appeal within the prescribed time shall constitute a waiver of any rights under this Title to appeal any decision or determination. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: 0 4118 Aspen, CO STATE OF COLORADO ) ) ss. County of Pitkin ) I, (name, please print) being or repre enting an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: (,Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official Paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Signature The foregoing "Affidavit of Notice" was acknowledged before me this a day ofj,, ,20IL, by S,-4� N� 07p ��p10. Py� 2830"26 q4 GttY °l P�'T\° sec\ ed\c , p1 \he PsPe , aE.� \ev°ov�\°G \eq�es\j� ey13`��he Md09 9 �d UsWess° Fs�d P_AY Om s WeeklY °� dupe 19, CAP�u��\s�edx(N 21 20» l y WITNESS MY HAND AND OFFICIAL SEAL My mission expires: �-Z� 2oLq YIX"- - TV,iary Public tP!LYMai ATTACHMENTS: COPY OF THE PUBLICATION LINDA M. PANNING caso I, My Commission Ex0fes 0012014 ASPENEast Hyman Aven FFICE ue nue GARFIELD & HECHT, P.C. Aspen, Colorado 81611 Telephone (970) 925-1936 ATTORNEYS AT L A W Facsimile (970) 925-3008 Since 1975 www.garfieldhecht.com May 20, 2011 Mr. Chris Bendon, Community Development Director Mrs. Jennifer Phelan, Deputy Community Development Director City of Aspen 130 S. Galena Street Aspen, Colorado 81611 RECEIVED MAY 2 0 1011 CITY OF paWUN/TY p�sp EA , Re: Request for Code Interpretation By Aspen FSP-ABR, LLC (the "Developer"), the applicant in the Boomerang Affordable Housing Project (the "AH Project"), Dear Chris and Jennifer: The two of you met with me, John Worcester and Jim True yesterday to discuss if, under the City of Aspen Land Use Code (the "Code"), the Developer will retain the right to build a condominiumized hotel pursuant to a 2006 land use approval after the Aspen City Council approves the AH Project on the same site. Your response, as I understood it, was that the Code does, in fact, allow a developer to retain a pre-existing land use approval and a second approval if the property owner has not fulfilled all of the conditions set forth in the ordinance memorializing the second approval and the time for meeting those conditions has not expired. Your conclusion required you to interpret Code Section 26.304.030 F., and other provisions of the Code. This letter represents the formal application of this Developer for a Code Interpretation from the City of Aspen Community Development Department, pursuant to Chapter 26.306 of the Code. The Interpretation requested is one which fully supports the conclusions you reached during yesterday's meeting. We will appreciate an interpretation which deals broadly with the Code as a whole, and not just the Growth Management portion of the regulations. Assuming that your interpretation is consistent with the conclusions discussed at yesterday's meeting, the Developer will rely on your work product if it is given the opportunity to accept an approval for the AH Project from City Council. Thank you for your assistance. Mr. Bendon and Mrs. Phelp May 20, 2011 Page 2 Sincerely, E. Michael Hoffman cc: Steve Stunda John Worcester Jim True is ECEIV'CD MAY 2 0 CITY C�UNI �pEV�� tN PMEk • 0 2 /V° f --- - - - 0C)3520 G i - As L v1 Q Fp r1J ,S File Edit Record Navigate Form Reports Format Tab Help c� �► e, o Routing Status ( Fees I Fee Summary Main Actions I Attachments I Routing History ( valuation I Arch/Enq I Custom Fields I5ub Permits 4 1 type laslu I PAspen Land Use I Permit # 038.2011.ASLU --J Address 130 S GALENA Aptj uite CITY HALL 0 CO City ASPEN State . Zip 81611 x Permit Information �° Master permit Routing queue aslu0l Applied 5l20f2011 0 z Project z I••• Status ending Approved 0 y Description CODE INTEREPRETATION Issued Final L_�J Submitted MIKE HOFFMAN 9251936 Clock Running Days ❑0 Expires SM 4�1012 I. Submitted via Owner Last name FSP-ABR, LLC First name 602 N 4TH ST Applicant Address Phone (970) 925-1604 ASPEN CO 81611 Owner is applicant? ❑ Contractor is applicant? Last name GARFIELD & HECHT First name 01 E HYMAN Phone (970) 925-1936 Cust # 25185 NIT 2 Address ASPEN CO 81611 Lender Last name First name Phone () Address isplays the permit lendei s address IAspenGoId5 (server) ang re 1 —of 1 — • C 44