HomeMy WebLinkAboutcoa.lu.gm.Savanah Lmt.A50-97 CASELOr`l SUMMARY SHEET - CITY OF AF-7,N
DATE RECEIVED: 6/18/97 CASE# A50-97
DATE COMPLETE: STAFF: Stan Clauson
PARCEL ID# 2735-122-31-
PROJECT NAME: Savanah Lmt.(Lot 6)Ext. Of Vested Rights &GMQS approval
Project Address: Aspen Meadows (Lot 6)
APPLICANT: Savanah Limited Partnership
Address/Phone: 1925 Century Park E, STE 1900 LA, Cal. 90 067
OWNER: same
Address/Phone:
REPRESENTATIVE: Joe Wells
Address/Phone: 602 Midland Park Place, Aspen 925-8080
RESPONSIBLE PARTY: Applicant Other Name/Address:
FEES DUE FEES RECEIVED
PLANNING $1080 PLANNING $1050. #APPS RECEIVED
ENGINEER $0 ENGINEER $ #PLATS RECEIVED
HOUSING $0 HOUSING $ GIS DISK RECEIVED:
ENV HEALTH $0 ENV HEALTH $
CLERK $ CLERK $ TYPE OF APPLICATION
TOTAL $1080. TOTAL RCVD $1050. Staff Approval
Review Body Meeting Date Public hearing ?
P&Z ❑Yes ❑No
CC ❑Yes ❑No
CC (2nd reading) ❑Yes ❑No
REFERRALS:
❑ City Attorney ❑ Aspen Fire Marshal ❑ CDOT
❑ City Engineer(DRC) ❑ City Water ❑ ACSD
❑ Zoning ❑ City Electric ❑ Holy Cross Electric
❑ Housing ❑ Clean Air Board ❑ Rocky Mtn Natural Gas
❑ Environmental Health ❑ Open Space Board ❑ Aspen School District
❑ Parks ❑ Other: ❑ Other:
DATE REFERRED: INITIALS: DATE DUE:
APPROVAL: Ordinance/Resolution# Date:
Staff Approval Date:
Plat Recorded: Book , Page
CLOSED/FILED DATE: INITIALS:
ROUTE TO:
VIE
MEMORANDUM
TO: Mayor and Council
THRU: Amy Margerum, City Manager
THRU: Stan Clauson, Community Development Director//
Julie Ann Woods, Deputy Planning Director
FROM: Amy Amidon, Historic Preservation Officer
RE: Aspen Meadows Lot 6 Residential GMQS and Vested Rights Extension
Request, First Reading of Ordinance#3O, Series of 1997
DATE: July 28, 1997
SUMMARY: Savanah Limited Partnership, as owners of the units on Lot 6 have
requested an additional six month extension to their 1990 GMQS allotment for seven new
multi-family units and to the vested rights granted for the development on Lot 6 of the
Aspen Meadows Specially Planned Area.
This request would extend the allocation and vested rights to December 19, 1997. The
application, including Ordinance #5, Series of 1997, which provided an extension to June
19, 1997 is attached as Exhibit A.
Staff recommends approval of a six (6) month extension of the GMQS allocation and the
extension of vested rights status with conditions. The extension is recommended to be
the last one granted for this project and is based on the delay in development caused by
the filing of a Lis Pendens against the property.
APPLICANT: Savanah Limited Partnership, represented by Joe Wells.
BACKGROUND: Council approved the 1990 GMQS allocation for 7 new
townhomes on Lot 6 as part of the Aspen Meadows Specially Planned area development,
which received final approval in early 1991. The GMQS allocations were due to expire
on June 21, 1994. In April 1994, Savanah requested a six month extension on the GMQS
and vested rights for Lots 5 and 6, which Council granted. The applicants have since
requested and been granted extensions every six months, with the most recent extension
set to expire on June 19, 1997.
On June 18. 1997, the applicant submitted a request for another extension. City policy
has been that if an application for an extension is received before the expiration date of
the vested rights, City Council will consider the request as timely filed even though the
matter is scheduled for Council consideration after the expiration date.
Exhibit A
•
The attached application lays out the factors which have delayed construction of the
approved project. Lot 6 was included with Lot 5 in a Notice of Lis Pendens by
Mohammed A. Hadid in connection with a lawsuit filed by him against principals of
Savanah Limited Partnership in April of 1995. The Lis Pendens has prohibited Savanah
from selling, developing, or financing either Lots 5 or 6. On November 15, 1995, the
trial court ordered the Lis Pendens removed. Lot 5 was released from the litigation, but
Lot 6 was still affected by an appeal to the court's order filed by Mr. Hadid. The appeal
was denied by the court in late April 1997, leaving the applicant little time to finalize
development plans.
STAFF COMMENTS: Section 26.100.100 of the Aspen Municipal Code states
that a development allotment and all other development approvals shall expire on the day
after the third anniversary of the latest date of project approval, unless a building permit
is obtained and project is developed, or unless an exemption from or extension of the
approval is obtained.
For developments other than a subdivision, an application for extension shall be
submitted prior to the third anniversary of the date of approval of a site specific
development plan which shall demonstrate to the satisfaction of city council that:
(a) Those conditions applied to the project at the time of its final approval which
were to have been met as of the date of application for exemption have been complied
with; and
RESPONSE: All conditions of approval associated with the SPA agreement and
subsequent extensions have been completed, with the exception of the excavation of a
bike/pedestrian trail. Savanah proposed to excavate this trail at the time of construction
of the new townhouse units, which is to be undertaken by December 19, 1997.
(b) Any improvements which were required to be installed by the applicant prior to
construction of the project have been installed;
RESPONSE: All the improvements which were required under the SPA Agreement
have been completed. Although construction has not begun for Lot 6, utilities have been
installed and road upgrades are completed.
The applicant shall be required to mitigate any construction damage to Aspen Meadows
Road and a 1"to1.5"overlay is required when the construction is complete.
(c) The project has been diligently pursued in all reasonable respects, and the
extension is in the best interest of the community.
RESPONSE: Staff notes that this is the seventh extension requested by the applicant. It
was recommended in February 1996 that no further extensions be granted for reasons
beyond unforeseeable legal circumstances specific to the Lis Pendens. Because the Lis
Pendens has only recently been released on Lot 6, staff recommends the requested
extensions be granted. This is justified in part by the fact that Lot 5 received four
extensions subsequent to its release from the Lis Pendens in late 1995.
To date the applicant has expended considerable funds for road construction, installation
of utilities and landscaping in anticipation of the proposed project.
RECOMMENDATION: Staff recommends a six (6) month extension of the 1990
Residential GMQS allocation and vested rights for Lot 6 of the Aspen Meadows
Specially Planned Area be approved and amended in the Aspen Meadows Specially
Planned Area development plan with the following conditions:
1. The applicant shall excavate the pedestrian/bike trail to the top of the slope on Lot
6, as required in the insubstantial amendment to the Aspen Meadows Lots 5 and 6, to be
completed by December 19, 1997.
2. The six (6) month extension shall begin at the date of expiration of the previous 6
month extension, which is June 19, 1997 and shall expire on December 19, 1997.
3. "As-built" drawings of the utility easements on Lot 6, shown on the site
improvement survey, must be submitted prior to issuance of a building permit.
4. The City Water Department must receive "as-built" easements and drawings of
the water system for the Aspen Meadows Subdivision, to be recorded and submitted prior
to issuance of additional building permits in the subdivision.
5. The applicant must post financial assurances acceptable to the City Attorney and
City Engineer for the work on and around this lot at the time of building permit
application.
RECOMMENDED MOTION: "I move to read Ordinance #30 Series of 1997. "I
move to adopt Ordinance #a), Series of 1997 on first reading."
CITY MANAGER'S COMMENTS:
EXHIBITS:
Ordinance #3), Series of 1997
A. Staff memo dated July 28, 1997
B. Applicant's extension request
ORDINANCE#3)
(SERIES OF 1997)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SIX MONTH
EXTENSION OF THE 1990 RESIDENTIAL GMQS ALLOTMENTS AND VESTED
RIGHTS GRANTED BY ORDINANCE NO. 14, SERIES OF 1991,AND EXTENDED BY
ORDINANCE NO.22, SERIES OF 1994,ORDINANCE NO. 10, SERIES OF 1995,
ORDINANCE 38,SERIES OF 1995,ORDINANCE NO. 6, SERIES OF 1996,ORDINANCE
NO.27, SERIES OF 1996,AND ORDINANCE NO. 5,SERIES OF 1997,FOR SEVEN
TOWNHOMES ON LOT 6 OF THE ASPEN MEADOWS SPECIALLY PLANNED AREA,
CITY OF ASPEN,PITKIN COUNTY, COLORADO.
WHEREAS,pursuant to Section 26.100.100 of the Aspen Municipal Code, City Council
may grant an extension of GMQS allocations up to six months for developments other than
detached residential and duplex units; and
WHEREAS,on June 10, 1991, City Council adopted Ordinance No. 14, Series of 1991,
which approved the Aspen Meadows Specially Planned Area Final Development Plan and included
residential GMQS allocations; and
WHEREAS,the GMQS development allotments included the construction of seven
townhomes on Lot 6; and
WHEREAS,the development allotments expire on the day after the third anniversary of
the date the GMQS allocations, or other development approvals, have been awarded; and
WHEREAS, Council has granted six prior six-month extensions which extended the
GMQS allocation and vested rights to June 19, 1997; and
WHEREAS,the applicant, Savanah Limited Partnership, has requested another six(6)
month extension of the GMQS allocations for Lot 6 of the Aspen Meadows Specially Planned
Area; and
WHEREAS,the applicant also requests an extension of vested rights status, to coincide
with the GMQS allocation extension; and
Ordinance No. 26, Series of 1996
Page 2
WHEREAS,the Community Development Department, having reviewed the application
recommends approval of a six (6) month extension of the GMQS allotments and vested rights
approved in Ordinance 14, Series of 1991; and
WHEREAS,the Aspen City Council,having considered the Community Development
Department's recommendation for the GMQS extension, does wish to grant another extension for
six (6)months and extend vested rights status, finding that Savanah Limited Partnership has been
unable to proceed with construction on Lot 6 pending resolution of litigation which prohibited
Savanah from selling, developing or financing Lot 6,and that the applicant has diligently pursued
the project's completion in all reasonable respects, and the extension is in the best interests of the
community.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1:
Pursuant to Section 26.100.100 of the Aspen Municipal Code, City Council does hereby grant the
applicant another six(6)month extension of the 1990 Residential GMQS allocation approved by
Ordinance 14, Series of 1991, extended by Ordinances No. 22, Series of 1994,No. 10, Series of
1995,No. 38, Series of 1995,No. 6, Series of 1996,No. 27, Series of 1996,and No. 5, Series of
1997, for Lot 6 of the Aspen Meadows Specially Planned Area beginning June 19, 1997, and
ending December 19, 1997 with the following conditions:
1. The applicant shall excavate the pedestrian/bike trail to the top of the slope on Lot 6,as required
in the insubstantial amendment to the Aspen Meadows Lots 5 and 6,to be completed by
December 19, 1997.
2. The six(6)month extension shall begin at the date of expiration of the previous 6 month
extension which is June 19, 1997 and expire on December 19, 1997.
3. "As-built" drawings of the utility easements on Lot 6, shown on the site improvement survey,
must be submitted prior to issuance of a building permit.
Ordinance No. 26, Series of 1996
Page 3
4. The City Water Department must receive "as-built" easements and drawings of the water
system for the Aspen Meadows Subdivision, to be recorded and submitted prior to issuance
of additional building permits in the subdivision.
5. The applicant must post financial assurances acceptable to the City Attorney and City
Engineer for the work on and around this lot at the time of building permit application.
Section 2:
Pursuant to Section 26.100.100 of the Aspen Municipal Code, City Council does hereby grant the
applicant an extension of vested rights status for the site specific development plan for Lot 6 of the
Aspen Meadows Specially Planned Area as approved by Ordinance 14, Series of 1991 and
insubstantially amended by Planning Office memo dated March 16, 1995,with the following
conditions:
1. The extension of vested rights shall be for six months to December 19, 1997.
2. The rights granted by the site specific development plan approved by this Ordinance and the
insubstantial amendment shall remain vested for a period of six years and 173 days from June
21, 1991. However,any failure to abide by the terms and conditions attendant to this approval
shall result in forfeiture of said vested property rights.
3. The approval granted hereby shall be subject to all rights of referendum and judicial review.
4. Nothing in the approvals provided in this Ordinance shall exempt the site specific development
plan from subsequent reviews and or approvals required by this Ordinance or the general rules,
regulations or ordinances or the City provided that such reviews or approvals are not
inconsistent with the approvals granted and vested herein.
5. The establishment herein of a vested property right shall not preclude the application of
ordinances or regulations which are general in nature and are applicable to all property subject
to land use regulation by the City of Aspen including,but not limited to,building, fire,
plumbing, electrical and mechanical codes. In this regard, as a condition of this site
development approval,the developer shall abide by any and all such building, fire,plumbing,
electrical and mechanical codes,unless an exemption therefrom is granted in writing.
Section 3:
The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general
circulation within the City of Aspen no later than fourteen(14)days following final adoption
hereof
Ordinance No. 26, Series of 1996
Page 4
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 25th day of August, 1997 at 5:00 P.M. 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 one 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 28th day of July, 1997.
John Bennett,Mayor
Al PEST:
Kathryn S. Koch,City Clerk
FINALLY,adopted,passed and approved this day of , 1997.
John Bennett,Mayor
Ordinance No. 26, Series of 1996
Page 5
ATTEST:
Kathryn S.Koch, City Clerk
meadow6.doc
Request for Extension from GMQS Expiration Deadlines
for the Multi-Family Project Approved for Lot 6,
Aspen Meadows Specially Planned Area
This application is submitted on behalf of Savanah Limited Partnership, owner of
Lot 6, Aspen Meadows Specially Planned Area. Savanah requests an additional
extension of six months in the expiration of the growth management allocations for
the seven multi-family units approved by the City on Lot 6 (the Tennis Townhomes
site) as well as an extension of the vested rights granted by the City for the project
approved for this lot.
Over the course of the last thirty-six months, Savanah worked closely with the
Aspen Institute and with third parties to develop a co-development scenario to
better serve the Institute's long-term needs for additional housing for its
participants. These negotiations previously led to the Aspen Institute's entering
into a contract to purchase Lot 5 from Savanah. However, in April of 1995, both
Lot 5 and Lot 6 were included in a Notice of Lis Pendens recorded by Mohamed A.
Hadid in connection with a lawsuit filed by him against principals of Savanah
Limited Partnership. Savanah vigorously defended against the suit at considerable
expense, and on November 15, 1995, the trial court ordered the Lis Pendens
removed.
Although Mr. Hadid previously released Lot 5 from the litigation so that the
Institute could proceed with its purchase, Mr. Hadid filed, on or about June 3, 1996,
an appeal of the court's order as it affects Lot 6. That appeal was denied by the court
in late April, 1997 and the Lis Pendens was subsequently set aside as a result of that
denial. Until the court took that action, however, the practical effect of the recorded
presence of the Lis Pendens was that, through no fault of its own, Savanah was
incapable of doing anything with respect to Lot 6 - i.e., either selling, developing or
financing the lot.
Once Lot 5 was released from the Lis Pendens, the Aspen Institute was able to
proceed with its purchase of Lot 5 from Savanah and its purchase closed on or about
February 6, 1996. The Institute then pursued amendments to the prior approvals
and is now proceeding with construction on the Trustee Houses based on those
subsequent design changes.
1
Exhibit B
r
In recent months, Savanah has been actively involved in negotiations to sell Lot 6.
The potential purchaser has appeared before the Planning and Zoning Commission,
the Historic Preservation Committee and the City Council to discuss certain changes
which the purchaser wishes to make to the project previously approved for Lot 6,
including a reduction in the number of residential units from 7 to 6. The City
agreed to allow these changes to be reviewed under the Insubstantial Amendment
procedures of the land use code but the purchaser must still complete this
administrative procedure and file a building permit application consistent with the
Planning Director's final approval in order to proceed with construction. The
purchaser has been awaiting a final determination by the court before proceeding
with these final review steps.
A. Background:
Under the provisions of Sec. 26.100.100.A, development allotments and all other
development approvals are deemed to expire on the day after the third anniversary
of the project's final development approval, unless a building permit is obtained
and the project is developed, or unless an extension of the approval is obtained.
The approvals for Lot 6 are now scheduled to expire on June 19, 1997 1.
In March 1994, Savanah submitted building permit applications for the two multi-
family projects proposed for Lot 5 and Lot 6 in anticipation of obtaining building
permits to begin construction of these two projects by the original deadline in
June, 1994. However, for scheduling reasons, Savanah hoped to postpone
commencement of construction of the seven new townhouse units on Lot 6 until
1 Sec. 6-207(c) of the Code provides that in those matters in which the Council has final approval,
that approval shall be by ordinance. A site specific development plan shall be deemed approved on
the "effective date" of the approving ordinance. The effective date of Ordinance 14/91,under which
the City granted Final SPA Development Plan approval to the Aspen Meadows, was five business days
after the date of publication of the ordinance following its approval on June 10;in other words,the
effective date of the ordinance was June 20, 1991. Therefore, the GMQS allocations and vested rights
for the two multi-family residential projects in the Aspen Meadows SPA were originally due to expire
on June 21,1994.Under Ordinance 22/94,Ordinance 10/95,Ordinance 38/95,Ordinance 6/96,Ordinance
27/96 and Ordinance 5/97,City Council previously granted extensions of six months each and the
approvals are therefore now due to expire on June 19,1997.
2
the fall of 1994 and then begin construction of the Trustee Houses project on Lot 5 in
the fall of 1995. Therefore, Savanah requested and received approval of an
extension in the date of expiration of the GMQS allocations and vested rights for
these residential projects from June 21, 1994 to December 21, 1994.
Subsequent to the granting of the original extension, some unforeseen zoning issues
arose with regard to these two projects as a result of City zoning staff review of the
pending building permit applications. These issues were the subject of two
administrative amendments approved by the Planning Office as documented in a
March 16, 1995 memo. In the meantime, pending a resolution of the proposed
amendments, Savanah was granted a second extension to June 19, 1995.
Savanah and the Aspen Institute were granted a third extension to December 19,
1995 after the Aspen Institute entered into the option contract to purchase Lot 5, to
allow additional time to plan the phasing of construction by the two separate
organizations. Savanah and the Aspen Institute were granted a fourth extension to
June 19, 1996 because of the recorded Lis Pendens, which effectively prevented the
transfer of ownership of either Lot 5 or Lot 6. Finally, after the sale of Lot 5, Savanah
was granted a fifth and then a sixth extension, to June 19, 1997 (see Ordinance 5/97,
attached) because of the pending appeal by Mr. Hadid.
B. Extension of GMQS Expiration Provisions for Lot 6:
Under the provisions of Sec. 26.100.100.A.2, multi-family developments shall be
eligible for extension of the GMQS expiration provisions. To obtain an extension,
an application for extension shall be submitted prior to the approval deadline which
shall demonstrate to the satisfaction of City Council that the following three
conditions in bold have been met (Savanah's response to these conditions follows
each condition):
(a) Those conditions applied to the project at the time of its final approval which
were to have been met as of the date of application for exemption have been
complied with (Sec. 26.100.100.A.2.a).
To the best of the applicant's knowledge, all of the conditions which were
applied to the Project under the original SPA Agreement which were Savanah's
obligation to fulfill have been satisfied. When City Council granted the latest six-
month extension of the 1990 Residential GMQS allocation to June 19, 1997, the
approval was subject to the following additional conditions:
3
1. The applicant shall excavate the pedestrian/bike trail to the top of the slope
on Lot 6, as required in the insubstantial amendment to the Aspen Meadows
Lots 5 and 6, to be completed by June 19, 1997.
For several reasons, the required excavation work for the trail has not yet
been completed. First, it has been Savanah's intent to complete the
excavation work for the trail at the same time as excavation work for the
residential units, to avoid the necessity of bringing equipment to the site
twice. It is our understanding that the City Parks Department is in agreement
with this timing and approach. Secondly, before the trail work can be
undertaken, the Institute needs to complete the relocation of trees which are
located within the trail easement.
Finally, it would be preferable to coordinate the excavation work for the frail
with the City's plans for the remainder of the trail down the hillside.
Savanah has not been made aware of the City's plans if the City has, in fact,
established a final plan for that portion of the trail. The applicant therefore
requests that the date for completion of the trail excavation be extended to the
expiration date of this extension request, or until December 19, 1997.
2. The six (6) month extension shall begin at the date of expiration of the
previous 6 month extension which is December 19, 1996 and expire on June
19, 1997.
The applicant is now requesting an additional six-month extension, to
December 19, 1997.
(b) Any improvements that were required to be installed by the applicant prior
to construction of the project have been installed (Sec. 26.100.100.A.2.b).
All of the improvements which were required to be installed under the SPA
Agreement have now been completed, except the frail segment which was the
subject of a later Insubstantial Amendment, as discussed above.
(c) The project has been diligently pursued in all reasonable respects, and the
extension is in the best interests of the community (Sec. 26.100.100.A.2.c).
Despite the fact that actual construction of the new residential units has not
begun, Savanah has nonetheless expended well over one million dollars in road
construction, installation of utilities and landscaping in anticipation of the
residential building program.
4
The Consortium members have diligently pursued completion of the project
while working within the constraints of the fund-raising efforts of the non-profit
organizations and the interruptions in construction during a large majority of
the summer building season which were previously agreed to. These were
recognized concerns spelled out by the parties to the SPA Agreement. The
project infrastructure is in place and most of the new and renovated facilities are
now complete.
Savanah has diligently pursued a building permit for the project which is the
subject of this request and has worked closely with City staff to resolve
unforeseen zoning issues. The applicant has been unable to proceed with the
project until after the court's denial of the pending appeal, which occurred only
recently. Savanah believes that the additional extension is clearly in the best
interests of the community.
In summary, Savanah is requesting an extension of the GMQS expiration
provisions for the allocations granted to the seven townhouse units on Lot 6 as well
as vested rights for the project for a period not to exceed six additional months. This
extension is requested in order to allow the purchaser additional time to complete
the remaining administrative review of changes to the prior approvals and proceed
with construction.
5
ORDINANCE #30
(SERIES OF 1997)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SIX MONTH
EXTENSION OF THE 1990 RESIDENTIAL GMQS ALLOTMENTS AND VESTED
RIGHTS GRANTED BY ORDINANCE NO. 14, SERIES OF 1991,AND EXTENDED BY
ORDINANCE NO.22, SERIES OF 1994, ORDINANCE NO. 10, SERIES OF 1995,
ORDINANCE 38, SERIES OF 1995,ORDINANCE NO.6,SERIES OF 1996, ORDINANCE
NO. 27,SERIES OF 1996,AND ORDINANCE NO. 5,SERIES OF 1997,FOR SEVEN
TOWNHOMES ON LOT 6 OF THE ASPEN MEADOWS SPECIALLY PLANNED AREA,
CITY OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS,pursuant to Section 26.100.100 of the Aspen Municipal Code, City Council
may grant an extension of GMQS allocations up to six months for developments other than
detached residential and duplex units; and
WHEREAS,on June 10, 1991, City Council adopted Ordinance No. 14, Series of 1991,
which approved the Aspen Meadows Specially Planned Area Final Development Plan and included
residential GMQS allocations; and
WHEREAS,the GMQS development allotments included the construction of seven
townhomes on Lot 6; and
WHEREAS,the development allotments expire on the day after the third anniversary of
the date the GMQS allocations, or other development approvals,have been awarded; and
WHEREAS, Council has granted six prior six-month extensions which extended the
GMQS allocation and vested rights to June 19, 1997; and
WHEREAS,the applicant, Savanah Limited Partnership,has requested another six(6)
month extension of the GMQS allocations for Lot 6 of the Aspen Meadows Specially Planned
Area; and
WHEREAS,the applicant also requests an extension of vested rights status,to coincide
with the GMQS allocation extension; and
Ordinance No. 26, Series of 1996
Page 2
WHEREAS,the Community Development Department,having reviewed the application
recommends approval of a six (6) month extension of the GMQS allotments and vested rights
approved in Ordinance 14, Series of 1991; and
WHEREAS,the Aspen City Council, having considered the Community Development
Department's recommendation for the GMQS extension, does wish to grant another extension for
six(6) months and extend vested rights status, finding that Savanah Limited Partnership has been
unable to proceed with construction on Lot 6 pending resolution of litigation which prohibited
Savanah from selling, developing or financing Lot 6, and that the applicant has diligently pursued
the project's completion in all reasonable respects, and the extension is in the best interests of the
community.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1:
Pursuant to Section 26.100.100 of the Aspen Municipal Code, City Council does hereby grant the
applicant another six(6) month extension of the 1990 Residential GMQS allocation approved by
Ordinance 14, Series of 1991,extended by Ordinances No. 22, Series of 1994,No. 10, Series of
1995,No. 38, Series of 1995,No. 6, Series of 1996, and No. 27, Series of 1996,for Lot 6 of the
Aspen Meadows Specially Planned Area beginning December 19, 1996, and ending June 19, 1997
with the following conditions:
1. The applicant shall excavate the pedestrian/bike trail to the top of the slope on Lot 6, as required
in the insubstantial amendment to the Aspen Meadows Lots 5 and 6,to be completed by June
19, 1997.
2. The six(6) month extension shall begin at the date of expiration of the previous 6 month
extension which is December 19, 1996 and expire on June 19, 1997.
Ordinance No. 26, Series of 1996
Page 3
Section 2:
Pursuant to Section 26.100.100 of the Aspen Municipal Code, City Council does hereby grant the
applicant an extension of vested rights status for the site specific development plan for Lot 6 of the
Aspen Meadows Specially Planned Area as approved by Ordinance 14, Series of 1991 and
insubstantially amended by Planning Office memo dated March 16, 1995, with the following
conditions:
1. The extension of vested rights shall be for six months to June 19, 1997.
2. The rights granted by the site specific development plan approved by this Ordinance-and the
insubstantial amendment shall remain vested for a period of five years and 363 days from June
21, 1991. However, any failure to abide by the terms and conditions attendant to this approval
shall result in forfeiture of said vested property rights.
3. The approval granted hereby shall be subject to all rights of referendum and judicial review.
4. Nothing in the approvals provided in this Ordinance shall exempt the site specific development
plan from subsequent reviews and or approvals required by this Ordinance or the general rules,
regulations or ordinances or the City provided that such reviews or approvals are not
inconsistent with the approvals granted and vested herein.
5. The establishment herein of a vested property right shall not preclude the application of
ordinances or regulations which are general in nature and are applicable to all property subject
to land use regulation by the City of Aspen including, but not limited to, building, fire,
plumbing, electrical and mechanical codes. In this regard, as a condition of this site
development approval, the developer shall abide by any and all such building, fire,plumbing,
electrical and mechanical codes, unless an exemption therefrom is granted in writing.
Section 3:
The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general
circulation within the City of Aspen no later than fourteen(14) days following final adoption
hereof
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
Ordinance No. 26, Series of 1996
Page 4
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 10th day of February, 1997 at 5:00 P.M. 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 one 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 January, 1997. 22
Joh Bennett,Mayor
ATTEST:
_./ 4 •
Kathryn S.A,(och, City Clerk
FINALLY, adopted,passed and approved this 10th day of February, 1997.
Joh n/Bennett,(Mayor
ATTEST:
9 -40 %�
Kathryn Sloch,City Clerk
Joseph Wells Land Planning, Inc.
602 Midland Park Place
Aspen,Colorado 81611
Phone :970.925.8080
Facsimile: 970.925.8275
June 18, 1997
Mr. Stan Clauson
Director of Community Development, City of Aspen
130 S. Galena Street
Aspen, CO 81611
Dear Mr. Clauson:
I am writing to you on behalf of Savanah Limited Partnership, owner of
Lot 6, Aspen Meadows Specially Planned Area. Savanah is requesting review
and approval by the City Council of the attached extension request for the
residential Growth Management Quota System approvals and vested rights
granted for this lot under Ordinance 14, Series of 1991.
Please contact John Sarpa at 925-4272 or me if you have any questions or need
additional information.
S' • ely yours,
Joseph Wells, AICP
SENT BY:CTHL ASPEN FIELD OFFIC: 6-12-97 ;12:46PM ; THE GRAND ASPEN-, 3102292929;# 6
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT •
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CITY OF ASPEN(hereinafter CITY)and_ we A n" 7"-4 f? �
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for,
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance
No. 43 (Series of 1996) establishes a fee structure for Planning applications and
the payment of all processing fees is a condition precedent to a determination of
application completeness.
3. APPLICANT and CITY agree that because of the size, nature or
scope of the proposed project, it is not possible at this dine to ascertain the full
extent of the costs involved in processing the application. APPLICANT and
CITY further agree that it is in the interest of the parties that APPLICANT make
payment of an initial deposit and to thereafter permit additional costs to be billed
to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by
retaining greater cash liquidity and will make additional payments upon
notification by the CITY when they are necessary as costs are incurred. CITY
agrees it will be benefited through the greater certainty of recovering its full costs
to process APPLICANT's application.
4. CITY and APPLICANT further agree that it is impracticable for
CITY staff to complete processing or present sufficient information to the
Planning Commission and/or City Council to enable the Planning Commission
and/or City Council to make legally required findings for project approval, unless
current billings are paid in full prior to decision.
SENT BY:CTHL ASPEN FIELD OFFIC: 6-12-97 :12:47PM : THE GRAND ASPEN-. 3102292929;# 7
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5. Therefore, APPLICANT agrees that in consideration of the CITY's
. waiver of S sight to collect full fees prior to a detenaiaanon of appiicatioi,
completeness,APPLICANT shall pay an initial deposit in the amount of S/C
which is for_ hours of Planning staff time, and. if actual recorded costs
exceed the initial deposit, APPLICANT shall pay additional monthly billings to
CITY to /theme the CTTY for the processing of the application mentioned
above, including poet approval review. Such periodic payments shall be made
within 30 days of the billing date. APPLICANT thither agrees that failure to pay
such stand con shall be grounds for suspension of processing;
•
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CITY OF ASPEN APPLICANT •
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By:
.Stan uson
Community Development Director Date: A� i, /ff z
Mailing.Addresa:
C/o A/.
L°of A c.../firms .C/� 900 6 7
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Comppereiesaprpa7aa
Ru/n
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06/19/97 14:59 FAX 3102292929 AL AN6A USA 2002/002
SENT BY'CTHL ASPEN FIELD OFFIC' "-19-97 : P47PM : THE GRAND ASPS' 31022929.29;s 2
SAVANAH LIMITED PARTNERSHIP
1925 Century Park But, Suite 1900
Ise Angeles, CA 90067
TEL: (310) 229.2929
FAX: (310) 229-2939
June 18, 1997
Mr. San Clauson
Director of Community Development, City of Aspen
130 S. Galena Street
Aspen, CO 81611
Dear Mr. Clawson:
I ant writing to you on behalf of Savanah Limited Partnership, owner of Lot 6,Aspen Meadows
Specially Planned Ana. Seventh has authorized the submission by Joseph Wells Land Planning,
Inc. of the attached extension request for the residential Growth Management Quota System
approvals and vested rights granted for these lots under Ordinance 14, Series of 1991.
Dining the processing of this application,Savanah will be represented by John Scapa and Joseph
Wells. Please contact John at 9254272 or Joe at 925-8080 if you have any questions or need
additional information.
Sincerely yours,
CHARLES RI3DDIN
I ,
MEMORANDUM
V 1
TO: Mayor and Council
THRU: Amy Margerum, City Manager
THRU: Stan Clauson, Community Development Director
Ann Woods, Deputy Planning Director X\,
■
FROM: Amy Amidon, Historic Preservation Officer
RE: Aspen Meadows Lot 6 Residential GMQS and Vested Rights Extension
Request, Second Reading of Ordinance#30, Series of 1997
DATE: August 25, 1997
SUMMARY: Savanah Limited Partnership, as owners of the units on Lot 6 have
requested an additional six month extension to their 1990 GMQS allotment for seven new
multi-family units and to the vested rights granted for the development on Lot 6 of the
Aspen Meadows Specially Planned Area.
This request would extend the allocation and vested rights to December 19, 1997. The
application, including Ordinance #5, Series of 1997, which provided an extension to June
19, 1997 is attached as Exhibit A.
Staff recommends approval of a six (6) month extension of the GMQS allocation and the
extension of vested rights status with conditions. The extension is recommended to be
the last one granted for this project and is based on the delay in development caused by
the filing of a Lis Pendens against the property.
APPLICANT: Savanah Limited Partnership, represented by Joe Wells.
BACKGROUND: Council approved the 1990 GMQS allocation for 7 new
townhomes on Lot 6 as part of the Aspen Meadows Specially Planned area development,
which received final approval in early 1991. The GMQS allocations were due to expire
on June 21, 1994. In April 1994, Savanah requested a six month extension on the GMQS
and vested rights for Lots 5 and 6, which Council granted. The applicants have since
requested and been granted extensions every six months, with the most recent extension
set to expire on June 19, 1997.
On June 18. 1997, the applicant submitted a request for another extension. City policy
has been that if an application for an extension is received before the expiration date of
the vested rights, City Council will consider the request as timely filed even though the
matter is scheduled for Council consideration after the expiration date.
The attached application lays out the factors which have delayed construction of the
approved project. Lot 6 was included with Lot 5 in a Notice of Lis Pendens by
Mohammed A. Hadid in connection with a lawsuit filed by him against principals of
Savanah Limited Partnership in April of 1995. The Lis Pendens has prohibited Savanah
from selling, developing, or financing either Lots 5 or 6. On November 15, 1995, the
trial court ordered the Lis Pendens removed. Lot 5 was released from the litigation, but
Lot 6 was still affected by an appeal to the court's order filed by Mr. Hadid. The appeal
was denied by the court in late April 1997, leaving the applicant little time to finalize
development plans.
STAFF COMMENTS: Section 26.100.100 of the Aspen Municipal Code states
that a development allotment and all other development approvals shall expire on the day
after the third anniversary of the latest date of project approval, unless a building permit
is obtained and project is developed, or unless an exemption from or extension of the
approval is obtained.
For developments other than a subdivision, an application for extension shall be
submitted prior to the third anniversary of the date of approval of a site specific
development plan which shall demonstrate to the satisfaction of city council that:
(a) Those conditions applied to the project at the time of its final approval which
were to have been met as of the date of application for exemption have been complied
with; and
RESPONSE: All conditions of approval associated with the SPA agreement and
subsequent extensions have been completed, with the exception of the excavation of a
bike/pedestrian trail. Savanah proposed to excavate this trail at the time of construction
of the new townhouse units, which is to be undertaken by December 19, 1997.
(b) Any improvements which were required to be installed by the applicant prior to
construction of the project have been installed;
RESPONSE: All the improvements which were required under the SPA Agreement
have been completed. Although construction has not begun for Lot 6, utilities have been
installed and road upgrades are completed.
The applicant shall be required to mitigate any construction damage to Aspen Meadows
Road and a 1"to1.5" overlay is required when the construction is complete.
(c) The project has been diligently pursued in all reasonable respects, and the
extension is in the best interest of the community.
RESPONSE: Staff notes that this is the seventh extension requested by the applicant. It
was recommended in February 1996 that no further extensions be granted for reasons
beyond unforeseeable legal circumstances specific to the Lis Pendens. Because the Lis
Pendens has only recently been released on Lot 6, staff recommends the requested
extensions be granted. This is justified in part by the fact that Lot 5 received four
extensions subsequent to its release from the Lis Pendens in late 1995.
To date the applicant has expended considerable funds for road construction, installation
of utilities and landscaping in anticipation of the proposed project.
RECOMMENDATION: Staff recommends a six (6) month extension of the 1990
Residential GMQS allocation and vested rights for Lot 6 of the Aspen Meadows
Specially Planned Area be approved and amended in the Aspen Meadows Specially
Planned Area development plan with the following conditions:
1. The applicant shall excavate the pedestrian/bike trail to the top of the slope on Lot
6, as required in the insubstantial amendment to the Aspen Meadows Lots 5 and 6, to be
completed by December 19, 1997.
2. The six (6) month extension shall begin at the date of expiration of the previous 6
month extension, which is June 19, 1997 and shall expire on December 19, 1997.
3. "As-built" drawings of the utility easements on Lot 6, shown on the site
improvement survey, must be submitted prior to issuance of a building permit.
4. The City Water Department must receive "as-built" easements and drawings of
the water system for the Aspen Meadows Subdivision, to be recorded and submitted prior
to issuance of additional building permits in the subdivision.
5. The applicant must post financial assurances acceptable to the City Attorney and
City Engineer for the work on and around this lot at the time of building permit
application.
RECOMMENDED MOTION: "I move to adopt Ordinance#30, Series of 1997."
CITY MANAGER'S COMMENTS:
EXHIBITS:
Ordinance#30, Series of 1997
A. Staff memo dated August 25, 1997
B. Applicant's extension request
PUBLIC NOTICE
RE: SAVANNAH EXTENSION OF VESTED RIGHTS
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, August 25, 1997 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 Savanah Limited Partnership
requesting a six month extension in the expiration of the growth management allocations for the
seven multi-family units approved by the City on Lot 6 (the Tennis Townhomes site) as well as an
extension of the vested rights granted by the City for the project approved for this lot. The property
is located at Lot 6, Aspen Meadows Specially Planned Unit. For further information, contact Amy
Amidon (970) 920-5096 at the Aspen/Pitkin Community Development Department, 130 S. Galena
St.,Aspen,CO.
s/John Bennett.Mayor
Aspen City Council
Published in the Aspen Times on August 9, 1997
City of Aspen Account