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HomeMy WebLinkAboutLand Use Case.1280 Ute Ave.A9-93Ute Trail Townhouses n of Vested Rights 2737-181-32-020 A9-93 �vzco�'a41jL Ii U� 'A �21��h' • e�' � o R��' ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 Z 3-7_ f - 3 Z` 2 (303) 920-5090 A 9 (7 3 LAND USE APPLICATION FEES CITY: -63250-134 GMP/Conceptual -63270-136 GMP/Final -63280-137 SUB/Conceptual -63300-139 SUB/Final -63310-140 -63320-141 All-2 Step Applications All 1 Step Applications -63330-150 Staff Approval -63432-157 Zoning Plan Check -63432-157 Sign Permit -00100-00000-31070 Use Tax for Sign Permits HISTORIC PRESERVATION: -63335-151 Exemption -63336-152 Minor -63337-153 Major Devel. -63338-154 Signd. Devel. -63339-155 Demolition COUNTY: -63160-126 GMP/General -63170-127 GMP/Detailed -63180-128 GMP/Final -63190-129 SUB/General -63200-130 SUB/Detailed -63210-131 SUB/Final -63220-132 All 2 Step Applications - - -63230-133 All 1 Step Applications -63240-149 Staff Approval -63450-146 Board of Adjustment -63235-148 Zoning Plan Check REFERRAL FEES: -63360-143 Engineering - County 00115-63340-163 Engineering - City 00123-63340-190 Housing 00125-63340-205 Environmental Health — — PLANNING OFFICE SALES: -63080-122 County Code -69000-145 Other (Copy Fees) TOTAL Name: Phone: Address: Project: — -- `-- Check #: Date: No of Copies: -- • M CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 02/18/93 PARCEL ID AND CASE NO. DATE COMPLETE: 2737-181-32-020 A9-93 STAFF MEMBER: LL PROJECT NAME: Ute Trail Townhouses and • Billings Place PUDISubdivision Extension of Vested Rights Project Address: 1280 Ute Ave. Legal Address: APPLICANT: Sister City Housing, Inc., Applicant Address: c/o Myler, Stuller & Schwartz REPRESENTATIVE: David J. Myler, Myler, Stuller & Schwartz Representative Address/Phone: 106 S. Mill St.,,Suite 202 Aspen, CO 81611 920-1018 -------------------------------------------------------------- -------------------------------------------------------------- FEES: PLANNING $ 942.00 # APPS RECEIVED 2 ENGINEER $ # PLATS RECEIVED HOUSING $ ENV. HEALTH $ TOTAL $ 942.00 TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: X 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO . VESTED RIGHTS: NO DRC Meeting Date R FERRALS: City Attorney City Engineer Housing Dir. Aspen Water City Electric Envir.Hlth. Zoning Parks Dept. Bldg Inspector Fire Marshal Holy Cross Mtn. Bell ACSD Energy Center School District Rocky Mtn NatGas CDOT Clean Air Board Open Space Board Other Other DATE REFERRED: 4I INITIALS: 51V DUE: 3 lZ- ---------------------------------- ------------------- FINAL ROUTING: DATE ROUTED: INITIAL: City Atty City Engineer Zoning Housing Open Space = Other: FILE STATUS AND LOCATION: Health ;J Lk� 1�51 MEMORANDUM \p, DATE: June 4, 1993 TO: Mayor and City Council FROM: Jed Caswall, City Attorney RE: Sister Cit Housing Vesting Extension Amendment, Ordi- nance No. (Series of 1993) This matter is back before you at the request of Sister City Housing, Inc., and entails a proposed amendment to the vesting extension ordinance previously passed by the City Council on May 10, 1993, granting a two-year extension in the vested righter for the approved development plans for the Ute Trail Townhomes, 1280 Ute Avenue. One of the conditions of approval for the vesting extension was that the applicant insure that the existing dwell- ing units on the site be vacated no later than June 15th. This condition was imposed because the existing dwelling units are below pertinent health and safety codes and with demolition planned for same, there was and is not much incentive for the property owner to invest in repairs. As a result, persons residing in the units were exposed, and would continue to be exposed, to safety risks should they be allowed to continue to reside in the sub -standard units pending demolition. Sister City Housing has indicated that contrary to an agreerr;3rit reached with one of the current tenants on the site, all of the units will not be vacated by June 15th, thus, violating the terms of the vesting extension ordinance. Such a violation will result in the automatic expiration of the vesting extension previously approved for the subject development. Sister City wishes to have the June 15th deadline extended thirty days so as to maintain the vesting while it undertakes eviction proceedings to secure the removal of the holdover tenant from the premises. The current circumstances being beyond the reasonable control of Sister City Housing, staff recommends that the amendment to the vesting extension ordinance be granted as requested. REQUESTED ACTION: Move to read and adopt on first reading Ordinance No. (Series of 1993) amending Ordinance No. 2.0 (Series of 1993) so as to allow Sister City Housing until July 15, 1993, to secure the vacation of all existing dwelling units at 1280 Ute Avenue and, thus, retain the two-year vesting exten- sion for the development plan for the site. EMC/mc Attachment jc64.3 cc: Planning Director David J. Myler, Esq. ORDINANCE NO. (Series of 1993) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING ORDINANCE NO. 20 (SERIES OF 1993) GRANTING A TWO-YEAR EXTENSION OF VESTED RIGHTS FOR THE UTE TRAIL TOWNHOMES DEVELOP- MENT APPROVALS, 1280 UTE AVENUE, ASPEN, COLORADO. WHEREAS, on May 10, 1993, the City Council adopted Ordinance No. 20 (Series of 1993) granting a two-year extension in the vested rights awarded for the development approvals for the Ute Trail Townhomes, 1280 Ute Avenue; and WHEREAS, the extension in the vested rights awarded under Ordinance No. 20 was subj.ect to several conditions, one of which was that all occupied dwelling units on the subject property be vacated by June 15, 1993; and WHEREAS, absent compliance by the applicant with all of the conditions of approval relevant to the previously awarded exten- sion in vested rights the extension shall automatically expire; and WHEREAS, unexpected circumstances beyond the applicant's reasonable control have arisen since the adoption of Ordinance No. 20 which will prevent the vacation of all dwelling units on the subject property by the current deadline of June 15, 1993; and WHEREAS, the City Council finds that it is in the best interest of the public welfare to amend Ordinance No. 20 so as to preserve the vested rights for the affordable housing to be constructed thereon. ID 0 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1 Ordinance No. 20 (Series of 1993), adopted May 10, 1993, be and is hereby amended at Sections 1(2) and 1(3) to read as follows: 2. The third occupied dwelling unit shall be vacated by July 15, 1993. 3. If the tenants have not vacated by June 1 and July 15 of 1993, this extension of vested rights shall expire. Section 2 This ordinance shall not have any effect on existing litiga- tion and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 3 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. 2 Section 4 A public hearing on the ordinance shall be held on the day of , 1993, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the day of , 1993. John S. Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this day of ATTEST: Kathryn S. Koch, City Clerk jc64.2 , 1993. 3 John S. Bennett, Mayor 4-t357552 (:)6/(-)4/93 15; 22e Rec 714 PG 191 Silvi*vis, PitE::in Cnty Clergy::, L. $.()f) ORDINANCE 20 (SERIES OF 1993) ���' '�`'`-- ✓�5� %� AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A TWO YEAR EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE 26, SERIES 1990 FOR THE DEVELOPMENT PLAN APPROVED FOR THE UTE TRAIL TOWNHOMES, 1280 UTE AVENUE, ASPEN COLORADO. WHEREAS, pursuant to Section 24-6-207 of the Aspen Municipal Code, City Council may grant vested rights status for a site specific development plan for an initial period of three years; and WHEREAS, on May 14, 1990, City Council granted subdivision/PUD approval for the Ute Trail Townhomes consisting of three free- market dwelling units and seven deed restricted dwelling units; and WHEREAS, City Council initially approved vested rights for the project for three years until May 14, 1993; and WHEREAS, the applicant, Sister City Housing, Inc., has requested a two year extension of vested rights status for the site specific development plan approved for the Ute Trail Townhomes; and WHEREAS, some of the existing dwelling units are still occupied by employees of the community and due to the deteriorated condition of the existing apartments on the site, the owners must undertake repairs and bring the occupied dwelling units up to the Uniform Building Code t0 CO;1t1nUe the li Vability Of 1 OCC:�p i^�d units until such time that the project is demolished and replaced by the development approved in 1990; and WHEREAS, the Planning Office, having reviewed the application recommends approval of the extension of vested rights for a period of two years beyond the vested rights approved in Ordinance 26, Series 1990; and WHEREAS, the Aspen City Council having considered the Planning #357552 */i)4/9-3 15:28 R e c $25.00 8 14 PG 192 Silvia Davis, F'itl-:in Cnty Clerk:, Doc $-cici Office's recommendations for the extension of vested rights does wish to grant the requested extension of vested rights for two years beyond the approval granted in Ordinance 26, Series 1990 for the 1280 Ute Avenue, Ute Trail Townhomes project, finding community benefit in the upgrading of the existing residential units on the site and the planned future development of seven deed restricted dwelling units outside the Growth Management Competition System. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1• Pursuant to Section 24-6-207 of the Municipal Code, City Council does hereby grant the applicant a two year extension of the vested rights approved by Ordinance 26, Series 1990 for the Ute Trail Townhomes, 1280 Ute Avenue, subject to the following conditions: 1. Two of the occupied dwelling units shall be vacated by June 1, 1993. 2. The third occupied dwelling unit shall be vacated by June 15, 1993. 3. If the tenants have not vacated by June 15, 1993 this extension of vested rights is void and the applicants shall seek a new extension. 4. The rights granted by the site specific development plan approved by this Ordinance shall remain vested for a total of two (2) years from the date of final adoption of this Ordinance. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. 5. The approval granted hereby shall be subject to all rights of referendum and judicial review. 6. 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 of the City provided that such reviews or approvals are not inconsistent with the approvals granted and vested herein. #35f S J /04/9: 15: 28 Rec $ 5. iiii 714 F'G 193 Silviais, F'itl<:in Cnty Clerk, D•���� 7. 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 2- The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulations within the City of Aspen no later than fourteen (14) days following final adoption hereof. Such notice shall be given 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 pursuant to Title 24, Article 68, Colorado Revised Statutes, pertaining to the following - described property: The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval. Section 3- 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 4• 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 5• A public hearing on the Ordinance shall be held on the day of May 10, 1993 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 day of It (�.-J( JJ2) 06/093 15:228 Rec $."5. f1() Elf:.. 7#'G 194 'Silvia Davis, Pitki.n Cnty Clerk, Doc 1993. ATTEg T`: R tPr- .Xoch, City Clerk John B nnett, Mayor FINALLY, adopted, passed and approved this Z U day of 1993. AT r. -Kaktpryn Koch, City Clerk 4 U4 5 (� JohA Bennett, Mayor #315 552 (:)6/c_i4/93 15: 28 Rec $25. ci() ilia*vis, Pitkin Cnty Clerk:, D10 $714()F'6 195 EXHIBIT A Vesting Extension - Staff recommends an extension of vested rights for two years for the following reasons: 1. Since the development approval in 1990, staff has met with many potential purchasers of the site. The overwhelming response from prospective buyers was that financing of the project was very difficult due to the pending lawsuit combined with the downturn in the real estate market. 2. The approved project includes 6 fully deed restricted dwelling units and 1 resident occupied unit. The inclusion of seven affordable units, which includes 25 bedrooms and 6,374 square feet of floor area, represents 315% more bedrooms and 800% more square footage than is required of a project that must comply with Ordinance 1 mitigation requirements (50% replacement of existing bedrooms and existing floor area). Ordinance 1 is currently the most effective legislation for gaining affordable housing inventory. 3. The approved subdivision also was reviewed pursuant to the PUD review standards and there were several variances granted for the project including open space and side and rear yard setbacks. The variances can only be extended beyond 12 months by the vesting of a site specific development plan. Thus, it is important to maintain the variances granted to the project by an extension of vested rights. 4. Staff believes it can be demonstrated that there is considerable public good served through an extension of vested rights with the construction of the affordable housing dwelling units. 5. There is precedent for granting an extension of vested rights. Council granted vesting in perpetuity for the Moses Aspen View Homesite Inc. for the construction of a 5,000 square foot home adjacent to the Aspen Alps. Council considered preservation of 5 acres of open space within the Aspen Alps property as justification for granting vested rights in perpetuity. Council also extended, for one year, vested rights for the Valley - Hi development plan. The applicants requested an extension so the needed repairs to the building ($85,000) could be recovered in rents and before expiration of vesting forced demolition and reconstruction of the building. They were concerned that demolition and reconstruction within the original 3 year vesting period would not be long enough to accomplish the renovation. Their alternative was to vacate the building and let it sit until reconstruction. 0 * V11 a00 MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager(,_ THRU: Diane Moore, City Planning Director til)�l,i� FROM: Leslie Lamont, Senior Planner DATE: May 10, 1993 RE: Ute Trail Townhomes Extension of Vested Rights - ordinance 20, Series of 1993, Second Reading ------------------------------------------------------------------ ------------------------------------------------------------------ SUMMARY: The applicants, Sister City Housing, Inc., have requested to extend the vested rights for Ute Trail Townhomes for two additional years. Staff recommends approval of the Ordinance 20, Series of 1993. Please see Ordinance 20, exhibit A. PREVIOUS COUNCIL ACTION: Council approved the Ute Trail Townhomes rezoning and subdivision on May 14, 1990. Council also granted vested rights for three years, ending May 14, 1993. Please see Ordinance 26, Series of 1990, exhibit B. Council approved first reading April 12, 1993. However, Council requested a schedule for modest rehabilitation of the occupied dwelling units or deadlines for vacating the units. BACKGROUND: The approved subdivision for Ute Trail Townhomes includes 3 free market townhomes and seven affordable dwelling units. The Ute Trail Townhomes concept started as a campaign by existing residents to save their homes. During the 1989 demolition moratorium, residents sought to create a redevelopment plan that would replace their housing. The property was owned by Deane Billings who had provided a consistent source of non -deed restricted affordable housing for many years. When it came time for Deane to sell his property residents proposed to buy the property, rezone it from R-6 to R/MF, and create affordable housing for themselves. In order to pay for the affordable component of the project, three to four free market homes were proposed in the development plan. After the approval of the seven affordable units and three free market units, a lawsuit was filed by neighboring property owners that prevented potential developers to secure financing and proceed with the project. A non-profit corporation, Sister City Inc. , was created between the City of Aspen and our sister city Shimukappu Japan in order facilitate the development of this property. The Board of Directors of Sister City Inc. have spent the ensuing year formulating a plan to finance and construct the project with the least possible cost to the public. In addition, the lawsuit was dismissed in June of 1992. The Board of Directors is confident that a plan for redevelopment has emerged. Sister City Inc. will either sell the property to a developer who will construct both the free market and affordable units or develop the affordable units and sell the free market development rights. Construction is anticipated to commence at some point in 1993, however, not before the vested rights expire. In order to effectively market the project, the Board believes that the protection against future changes in the Municipal Code needs to be extended for a reasonable period of time. The Board requests a two year extension. STAFF COMMENTS: Current Issues - After approval was granted in 1990, many residents moved off of the Billings property anticipating demolition and redevelopment. Presently three units remain occupied. Staff is concerned that the occupied units are below the required standards for life and safety requirements. Consistent with the Valley -Hi vested rights extension, staff wants to ensure that the minimal health and safety standards are satisfied for the existing occupied dwelling units before granting an extension of the development rights. The applicant's representative will report to Council the progress that has been made installing smoke alarms and removing debris from necessary access and egress points. Two of the units will be vacated by June 1, 1993 and the third unit will be vacated by June 15, 1993. The building department will conduct a site inspection to confirm that necessary improvements have been made. Vesting Request - Chapter 24 of the Aspen Municipal Code does not provide specific review criteria for an extension of vested rights. The applicant is requesting that the vested rights for the Ute Trail Townhomes development plan be extended for two years. The applicant suggests that the lawsuit, which was filed just as the project was approved, unreasonably held up the sale and potential development of the property. In addition, the project is providing seven deed restricted dwelling units. 2 0 Vesting Extension - Staff recommends an extension of vested rights for two years for the following reasons: 1. Since the development approval in 1990, staff has met with many potential purchasers of the site. The overwhelming response from prospective buyers was that financing of the project was very difficult due to the pending lawsuit combined with the downturn in the real estate market. 2. The approved project includes 6 fully deed restricted dwelling units and 1 resident occupied unit. The inclusion of seven affordable units, which includes 25 bedrooms and 6,374 square feet of floor area, represents 315% more bedrooms and 800% more square footage than is required of a project that must comply with Ordinance 1 mitigation requirements (50% replacement of existing bedrooms and existing floor area). Ordinance 1 is currently the most effective legislation for gaining affordable housing inventory. 3. The approved subdivision also was reviewed pursuant to the PUD review standards and there were several variances granted for the project including open space and side and rear yard setbacks. The variances can only be extended beyond 12 months by the vesting of a site specific development plan. Thus, it is important to maintain the variances granted to the project by an extension of vested rights. 4. Staff believes it can be demonstrated that there is considerable public good served through an extension of vested rights with the construction of the affordable housing dwelling units. 5. There is precedent for granting an extension of vested rights. Council granted vesting in perpetuity for the Moses Aspen View Homesite Inc. for the construction of a 5,000 square foot home adjacent to the Aspen Alps. Council considered preservation of 5 acres of open space within the Aspen Alps property as justification for granting vested rights in perpetuity. Council also extended, for one year, vested rights for the Valley - Hi development plan. The applicants requested an extension so the needed repairs to the building ($85,000) could be recovered in rents and before expiration of vesting forced demolition and reconstruction of the building. They were concerned that demolition and reconstruction within the original 3 year vesting period would not be long enough to accomplish the renovation. Their alternative was to vacate the building and let it sit until reconstruction. 3 RECOMMENDATION: Staff recommends approval of the extension of vested rights status for the Ute Trail Townhomes with the following conditions: 1. Two of the occupied dwelling units shall be vacated by June 1, 1993. 2. The third occupied dwelling unit shall be vacated by June 15, 1993. 3. If the premises are not vacated by June 1 and 15 of 1993 this extension of vested rights shall expire. PROPOSED MOTION: " I move to adopt Ordinance 20, Series of 1993 granting a two year vested rights extension for the Ute Trail Town Homes with conditions outlined in Planning memo dated May 10, 1993." CITY MANAGER'S COMMENTS: EXHIBITS: A. Ordinance 20, Series of 1993 B. Ordinance 26, Series of 1990 4 P �J MESSAGE DISPLAY TO Leslie Lamont From: Stephen Kanipe Postmark: May 10,93 3:47 PM Status: Previously read Subject: Ute Trail Townhomes Message: Dave Mylar and I inspected the occupied units. Three items required correction-1. make door at Tom's bedroom operable. 2. Install 3 additional smoke detectors in sleeping areas. 3. Final trash haul for site. I am comfortable with these measures as a tempory solution. MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager THRU: Diane Moore, City Planning Direc o FROM: Leslie Lamont, Senior Planner DATE: April 12, 1993 RE: Ute Trail Townhomes Extension of Vested Rights - ordinance ZO, Series of 1993 SUMMARY: The applicants, Sister City Housing, Inc., have requested to extend the vested rights for Ute Trail Townhomes for two additional years. Staff recommends tabling first reading of the Ordinance so that the applicant can come back to Council with a plan for bringing the occupied units up to minimal health and safety standards based upon a building department site inspection and the building official's recommendation. The applicant has submitted their request to extend vested rights before the vested rights of this project expires, which is on May 14, 1993. Because their extension request is in "the process", it is a departmental policy that vested rights status shall not lapse unless Council specifically denies their extension request. PREVIOUS COUNCIL ACTION: Council approved the Ute Trail Townhomes rezoning and subdivision on May 14, 1990. Council also granted vested rights for three years, ending May 14, 1993. Please see Exhibit A for Ordinance 26, Series of 1990. BACKGROUND: The approved subdivision for Ute Trail Townhomes includes 3 free market townhomes and seven affordable dwelling units. The Ute Trail Townhomes concept started as a campaign by existing residents to save their homes. During the 1989 demolition moratorium, residents sought to create a redevelopment plan that would replace their housing. The property was owned by Deane Billings who had provided a consistent source of non -deed restricted affordable housing for many years. When it came time for Deane to sell his property residents proposed to buy the property, rezone it from R-6 to R/MF, and create affordable housing for themselves. In order to pay for the affordable component of the project, three to four free market homes were proposed in the development plan. After the approval of the seven affordable units and three free market units, a lawsuit was filed by neighboring property owners that prevented potential developers to secure financing and proceed with the project. A non-profit corporation, Sister City Inc., was created between the City of Aspen and our sister city Shimukappu Japan in order facilitate the development of this property. The Board of Directors of Sister City Inc. have spent the ensuing year formulating a plan to finance and construct the project with the least possible cost to the public. In addition, the lawsuit was dismissed in June of 1992. The Board of Directors is confident that a plan for redevelopment has emerged. Sister City Inc. will either sell the property to a developer who will construct both the free market and affordable units or develop the affordable units and sell the free market development rights. Construction is anticipated to commence at some point in 1993, however, not before the vested rights expire. In order to effectively market the protection against future to be extended for a reasonable a two year extension. STAFF COMMENTS: the project, the Board believes that changes in the Municipal Code needs period of time. The Board requests Vesting Request - Chapter 24 of the Aspen Municipal Code does not provide specific review criteria for an extension of vested rights. The applicant is requesting that the vested rights for the Ute Trail Townhomes development plan be extended for two years. The applicant suggests that the lawsuit, which was filed just as the project was approved, unreasonably held up the sale and potential development of the property. In addition, the project is providing seven deed restricted dwelling units. Current Issues - After approval was granted in 1990, many residents moved off of the Billings property anticipating demolition and redevelopment. Presently three units remain occupied. Staff is concerned that the occupied units are below the required standards for life and safety requirements. Consistent with the Valley -Hi vested rights extension, staff wants to ensure that the minimal health and safety standards are satisfied for the existing occupied dwelling units before granting an extension of the development rights. Council tabled first reading of the Valley -Hi vested rights extension until the developers could present to Council an improvements plan for upgrading the units. Staff recommends the 2 same action for this request in order to protect existing tenants from the existing health and safety violations. The building department conducted a site inspection and found minimal electric, fire, safety and exit standards lacking. Please see attached staff correspondence. Prior to further review of the vested rights extension, staff recommends the applicant comply with the recommendations of the building official. Vesting Extension - Although staff recommends tabling of first reading, staff does support an extension of vested rights, provided the dwelling units are upgraded, for two years for the following reasons: 1. Since the development approval in 1990, staff has met with many potential purchasers of the site. The overwhelming response from prospective buyers was that financing of the project was very difficult due to the pending lawsuit combined with the downturn in the real estate market. 2. The approved project includes 6 fully deed restricted dwelling units and 1 resident occupied unit. The inclusion of seven affordable units, which includes 25 bedrooms and 6,374 square feet of floor area, represents 315% more bedrooms and S00% more square footage than is required of a project that must comply with Ordinance 1 mitigation requirements (50% replacement of existing bedrooms and existing floor area). Ordinance 1 is currently the most effective legislation for gaining affordable housing inventory. 3. The approved subdivision also was reviewed pursuant to the PUD review standards and there were several variances granted for the project including open space and side and rear yard setbacks. The variances can only be extended beyond 12 months by the vesting of a site specific development plan. Thus, it is important to maintain the variances granted to the project by an extension of vested rights. 4. Staff believes it can be demonstrated that there is considerable public good served through an extension of vested rights with the construction of the affordable housing dwelling units. 5. There is precedent for granting an extension of vested rights. Council granted vesting in perpetuity for the Moses Aspen View Homesite Inc. for the construction of a 5,000 square foot home adjacent to the Aspen Alps. Council considered preservation of 5 acres of open space within the Aspen Alps property as justification for granting vested rights in perpetuity. 3 Council also extended, for one year, vested rights for the Valley - Hi development plan. The applicants requested an extension so the needed repairs to the building ($85,000) could be recovered in rents and before expiration of vesting forced demolition and reconstruction of the building. They were concerned that demolition and reconstruction within the original 3 year vesting period would not be long enough to accomplish the renovation. Their alternative was to vacate the building and let it sit until reconstruction. RECOMMENDATION: Staff recommends tabling first reading of Ordinance 2_jC> until the applicants can present to Council an improvements plan for upgrading the currently occupied dwelling units to minimal health and safety standards based upon the site inspection and building official's recommendation. The upgrading of the dwelling units would be substantially completed prior to second reading of this Ordinance. ALTERNATIVES: 1. City Council could elect to extend vested rights for a specific period of time and that period of time could be linked to the time it will take the applicants to upgrade the occupied units or proceed with development of the project. 2. Council could approve first reading of the Ordinance and require upgrading of the currently occupied units prior to second reading of the Ordinance. 3. Council could grant the two (2) year extension and require the currently occupied residential units on the site to be brought into compliance within a specific period of time from approval of this ordinance and maintained in compliance as long as the units remain occupied. PROPOSED MOTION: " I move to table first reading or Ordinance 2O, Series of 1993." CITY MANAGER'S COMMENTS: EXHIBITS: A. Ordinance 26, Series of 1990 B. Building Official's Recommendation 4 0 0 TO Leslie Lamont MESSAGE DISPLAY From: Stephen Kanipe Postmark: Mar 25,93 6:59 PM Subject: Ute Trail Townhomes inspection Message: I inspected the three occupied units. All require general repair. Specificly, smoke detectors have to be installed, bedroom egress windows made operable and associated decks and porches cleaned up. All electric boxes need cover plates and I suggest GFI outlets at bathroom and kitchen areas. Our electric inspector will have input on minimum repairs. Plumbing and mechanical systems appear functional although below minimum code standards. Repair only as needed to provide heat and hot and cold water. TEE ASPEN TIMES Box E Aspen, Colorado PROOF OF PUBLICATION STATE OF COLORADO ) ) ss. County of Pitkin I, Loren Jenkins do solemnly swear that I am the Publisher of THE ASPEN TIMES: that the same is a week- ly newspaper printed, in, whole or in part, and published in the County of Pitkin, State of Colorado, and has a gen- eral circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Pitkin, for a period of more than fifty-two con- secutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspa- per has been admitted to the United States mails as sec- ond class matter under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said news- paper is a a weekly newspaper duly qualified for publish- ing legal notices and advertisements with the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was pub- lished in the regular and entire issue of every number of said weekly newspaper for the period of _/ consecu- tive insertions; and that the first publication of said notice wa in the issue of said newspaper dated > / A.D., 19 qf3 and that the last pub- lication of said notice was in the issue of said newspaper dated /,� / (G A.D., 19—:3 Subscribed and sworn to before me, a notary public in and for the County of Pitkin, State of Colorado, on this c�1O day of A.D., 19 - ZJ624AILI1'o Notary Public My commission expires / J Copy of Notice yea-s; and WI!EREAS, on May 14, 1990, City Council granted subdivlsion,/PUD approval for the Ute Trail Townhomes consisting of three free-mar- ket dwelling units and seven deed -restricted dwelling units; and WHEREAS, City Council Initially approved vested rights for the pro)ect for three years until May 14. 1993; and WHEREAS, the applicant, Sister City Housing, Inc., has requested a two year extension of vested rights status for the site specific devel- opment plan approved for the Ute Trail Town - homes; and WHEREAS, some of the existing dwelling units are still occupied by employees of the community and due to the deteriorated condo Bon of the existing apartments on the site, the owners must undertake repairs and bring the occupied dwelling units up to the Uniform Building Code to continue the livability of the occupied units until such time that the pro)ect Is demolished and replaced by the develop- ment approved In 1990, and WHEREAS, the Planning Office, having reviewed the application, recommends approval of the extension of vested rights for a period of two years beyond the vested rights approved In Ordinance 26, Series 1990; and WHEREAS, the Aspen City Council having considered the Planning Office's recommenda- tions for the extension of vested rights does wish to grant the requested extension of vested rights for two years beyond the approval grant- ed In Ordinance 26, Series 1990 for the 1280 Ute Avenue, Ute Trail Townhomes pro)ect, finding community benellt In the upgrading of the existing residential units on the site and the planned future development of seven deed restricted dwelling units outside the Growth Management Competition System. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COL ORADO: Section 1: Pursuant to Section 246-207 of the Municipal Code, City Council does hereby grant the appll- cant a two year extension of the vested rights approved by Ordinance 26. Series 1990 for the Ute Trail Townhomes, 1280 Ute Avenue, sub- )ect to the following conditions: 1. AB currently occupied residential units on the site shall be brought into compliance with all minimum health, safety and building codes and shall be maintained In compliance there- with so long as such units remain occupied. 2. The rights granted by the site specific development plan approved by this Ordinance shall remain vested for a total of two (2) years from the date of final adoption of this Ordi- nance. However, any failure to abide by the terns and conditions attendant to this approval shall result In forfeiture of said vested property rights. Failure to timely and properly record al! plats and agreements as specified herein and or In the Municipal Code shall also result In the forfeiture of said vested rights. 3. The approval granted hereby shall be sub )ect to all rights of referendum and Judicial review. 4. Nothing In the approvals provided In this Ordinance shall exempt the site specific devel- opment plan from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations or ordinances of 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 prop- erty right stall not preclude the application of ordinances or regulations which are general In nature and are applicable to all property sub• )ect 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 develop- ment approval, the developer shall abide by any and all such building, fire, plumbing, eleo trical and mechanical codes, unless an exemp- tion therefrom Is granted In writing. Section 2: The City Clerk shall cause notice of this Ordl. nance to be published In a newspaper of gener- al circulations within the City of Aspen no later than fourteen (14) days "lowing final adoption hereof. Such notice shall be given in the follow - I ng 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 pursuant to Title 24, Article 68, Colorado Revised Statutes, pertaining to the following - described property. The property shall be described In the notice and appended to said notice shall be the ordl- nance granting such approval. Section 3: 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 )urisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 4: 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 5: A public hearing on the Ordinance shall be held on the 10th day of May, 1993 at 5:00 p.m. In the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (I5) days prior to which 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 PUB- LISHED as provided by law, by the City Council of the City of Aspen on the 12th day of April, 1993. John Bennett, Mayor ATTEST: Kathryn S. Roch, City Clerk Published In the Aspen Times April 16. 1993. ,:5� eS- 3 0 r • MYLER, STULLER & SCHWARTZ A FTORNEYS A,r LAW DAVID J. MYLER SANDRA M. STULLER ALAN E. SCHWARTZ. February 17, 1993 Ms. Leslie Lamont Aspen/Pitkin County Planning Office 130 South Galena Aspen, CO 81611 106 S. MILL STREET, SUITE 202 ASPEN, COLORADO 81611 (303) 920-1018 FAX 920-4259 RE: Ute Trail Townhouses and Billings Place PUD/Subdivision Dear Leslie: Please consider this letter and the attachments as an application to the Aspen City Council for an extension of the "vested rights", as defined in Section 6-207 of the Aspen Land Use Code, which were granted in connection with the above -ref- erenced project. In 1989, in the wake of a demolition moratorium and a ground swell of public support for regulations which would preserve or require replacement of the existing stock of workforce housing, the residents of a ramshackle collection of apartments then owned by Deane Billings decided to undertake a rather daring venture. They proposed to buy the property, re -zone it, and create affordable housing for themselves which would be paid for, in part, through the sale of free --market units which they would also develop. The venture was the precursor of, if not the inspiration for, the Affordable Housing Zone District; a self-help project undertaken by long-term residents without the need for public funding. On May 14, 1990, the Aspen City Council rezoned the Billings Property to R/MF (Mandatory PUD) and granted final approval for a PUD/Subdivision consisting of three free-market dwelling units and seven affordable dwelling units (Ordinance 26, Series of 1990). The right to develop the project was vested for three years, until May 14, 1993. Sadly, the original developers were blown off course. And what could have been a model project became a nightmare. Immediately following final approval of their project, the developers were greeted with a lawsuit filed by neighboring property owners. Faced with the threat of having their project approvals overturned by a court, no matter how unlikely, the MYLER, STULLER & SCHWARTZ Ms. Leslie Lamont February 17, 1993 Page Two developers were unable to secure financing and proceed with the project. In the meantime, holding costs mounted and the situation became desperate. During the late summer and fall of 1991, a rather remarkable chain of events began to unfold. Representatives of the Town of Shimukappu, Japan, who had been involved in the sister city pro- gram, became aware of the impending disaster faced by Nicholas and Karinjo Devore and their partner Chupa Nelson, not to mention the other residents of the Billings Property who had hoped to create affordable homes for themselves. The Mayor of Shimukappu and Shigeru Yoshida, Shimukappu's representative in the United States, began a dialogue with Mayor Bennett and Frank Peters which resulted in the creation of a non-profit corporation, Sister City Housing, Inc., as a joint venture between the two cities, to rescue the project. Sister City Housing, Inc. purchased the Billings Property along with the development rights approved by Ordinance 26 on January 27, 1991. The Board of Directors has spent the ensuing year formulating a plan to finance and construct the project with the least possible cost to the public. In addition, the lawsuit was settled and the challenge to the City's approvals was dis- missed in June of 1992. As of the date of this letter, the Board of Directors feel confident that a concrete plan for development of the property has emerged. Sister City Housing will either sell the property to a developer who will construct both the affordable units and the free-market units, or, Sister City Housing will construct the affordable units and sell the rights to develop the free-market units. However, while it is expected that construction will commence at some point in 1993, it is not likely to commence prior to the expiration of the project's vested rights. In order to be able to effectively market the right to develop the free-market units and thus minimize the public costs associated with this project, the Board of Directors believes that the protections afforded by a vested right to develop need to be extended for a reasonable period of time. We suggest two years. Given the practical inability of the past and present owners to develop the project within the initial vesting period, as described above, and given the benefits which will accrue to the public if the project can proceed as planned, we believe that MYLER, STULLER & SCHWARTZ Ms. Leslie Lamont February 17, 1993 Page Three adequate justification exists for an extension of vested rights in this unique case. DJM:caw Enclosures Ol/D3 Very truly yours, MYLER, ST R & CHW Z By: / David J. 4 er Attorneys for Sister City Housing, Inc. P.S. As of the date of this letter, Sister City Housing, Inc. is in the process of completing negotiations for the sale of the Billings Property to a developer who will construct both the free-market and affordable units. It is anticipated, however, that the purchaser will seek to amend the PUD/Sub- division approval to allow one additional free-market unit with no increase in floor area or bedrooms and to allow for the construction of underground or structured parking to serve the affordable units. In addition, Sister City Housing, Inc. may seek to change the category which governs the resale of the affordable units. Even though there may be other submissions in connection with the Billings Prop- erty, it is imperative, given the expiration of vesting, that this application be processed independently. JR1 -5 '93 05:42PM CITY OF iiSPEH, Post-W.', t)rjand fax transmittal memo 7571 �t + pagea 0, co. II o. i1 r l/ �.JL Dept Phone M Fax0 axrt � •i ���' OF ASPEN — CONFERENCE SUMMARY 16'c�, — ���v.��n S PROJECT:. �,r .1 me APPLICANT'S REPRESENTATIVE:�a„�- .•J REPRESENTATIVE'S PHONE: r^'�,_, ,,,�, ---------------�► OWNER'S NAME'," >> SUMMARY 1. Type of Applicati.on n�_1,s1;�--•ice IF'.4--� „-________.- , 2. Descrit)e action/type of development being requested:— r'i: U�..�- jt t, ;.�u\�\�,,� 1 � r-�..�1'./'\'J) / � Y'� i--t- ����,,�.�� C'�`! ��1'� i�• . .r, � •fir, ,! 'w.�--w - �. .� ,,. � � �,..�� � � 3. Areas is which Applicant has been requested to respand, tyf:.t•:5 of reports requested: Policy Area/ BOCgr al &aer>t Comments e. -- Review is: (P&Z Only) C Only) \ (P&Z the to CC) 5. Public Hearing: �( E (NO) 5, Number of copies of the application to bEubmitrvd: _ .. i_ 7 . What fj�e was applicant requested to submit,' .•_�... (_fry ____ Anticipated date of submission: COMMENTS/UNIQUE CONCERNS 1. tpre_ , r'F IFyI1 �" 'y3 0"I4-1,PH :IT'i:,F FibECIItX; AK—n-ZCATiCN t 1), Project Name Ute_9&1 Townhouses and Billings 2) Project Iamtion 1280 Ute Avenue - Aspen, Colorado 81611 (indicate street addzess, lot & block mmker, legal d>yscripticn ul t r` appropriate) 3) Pr e&ent 24ning R/MF 4) Int Size • 17,240 sq. ft. 5) Applicant's Name, Address & Fhane # Sister City Housing,_I ,�_c1o, Nyi fiery_ Stuller & Schwartz, 106 South Mill Street, Suite 202, Aspen, CO 8161,1 920-1018 6) tive's Name, Address & Flom t David J. Myler, Esq.., Same as.Above 7) lype of Application (please check all that apply) : Corditi a -Al use Special Review - Final SPA Final Historic Derv. 8040 aline dal FAD Minor Historic Dev. StrWM Marvin Final PUD Historic Demoliticn Naa:tain view Plane Subdivision Historic Designat.icn Cbrdcminiumizati on Text/Mp Amwxlment QMS Allot 1 t SPLit/Lat Lire X Extension of vested GK�S Saarticn Adjustment Rights 8) Description of i�d.sting Users (rxa&er ar-d type of euisting stxn; ate sq. ft . ; ruA:)er of be droams; arry preri cus appru4 is granted to the Pr'opertY) . Not Applicable 9) Description of Dm lvpmea Appl.i.catim Request to Aspen City Council to extend vested rights until May 14, 1995. 10) Have you attached the following? Response to Attadhmett 2, Minimum SL*cdssicn Contents Resparr;e to Attactxnent 3, Specific Submissinn Monts to Ate 4, Review Btandards for Yoiir Applicat-ion MESSAGE DISPLAY TO Leslie Lamont From: Stephen Kanipe Postmark: Mar 25,93 6:59 PM Subject: Ute Trail Townhomes inspection ------------------------------------------------------------------------------ Message: I inspected the three occupied units. All require general repair Specificly, smoke detectors have to be installed, bedroom egress windows made operable and associated decks and porches cleaned up. All electric boxes need cover plates and I suggest GFI outlets at bathroom and kitchen areas. Our -electric inspector will have input on minimum repairs. Plumbing and mechanical systems appear functional although below minimum code standards. Repair only as needed to provide heat and hot and,cold water. �AMMME u • DAVID J. MYLER SANDRA M. STULLER ALAN E. SCHWARTZ Aspen/Pitkin County Attention: Suzanne 130 South Galena Aspen, CO 81611 MYLER, STULLER & SCHWARTZ ATTORNEYS AT LAW March 5, 1993 Planning Office L. Wolff 106 S. MILL STREET, SUITE 202 ASPEN, COLORADO 81611 (303) 920-1018 FAX 920-4259 RE: Ute Trail Townhouses and Billings Place PUD/Subdivision, Extension of Vested Rights Case A-9-93 Dear Suzanne: In response to your recent request in connection with the above -referenced application, I have enclosed a copy of Sched- ule A of a February 19, 1993 title commitment, showing that the property in question is owned by Sister City Housing, Inc. I have also included authorization for me to represent Sister City Housing, Inc. in connection with that application. If you have any questions or need any additional information prior to the March 22, 1993 hearing, please do not hesitate to contact me. Very truly yours, MYLER, STWLLER & By David Ji% DJM:caw Enclosures 12/D1 SCHWA yler Commonwe*11 ® Land Title Insuranc e Company COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: 02/19/93 at 08:30 A.M. 2. Policy or Policies to be issued: Case No. PCT-7429 (a) ALTA Owner's Policy -Form B-1970 Amount$ 1,300,000.00 (Rev. 10-17-70 & 10-17-84 or 10-21-87) Premium$ 1,346.50 Proposed Insured: J & L PARTNERS, A FLORIDA GENERAL PARTNERSHIP (b) ALTA Loan Policy, (Rev. 10-21-87) Proposed Insured: Amount$ Premium$ Tax Cert. $ 10.00 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: SISTER CITY HOUSING, INC., A COLORADO NON-PROFIT CORPORATION 4. The land referred to in this Commitment is described as follows: See Attached Exhibit "A" Countersigned at: PITKIN COUNTY TITLE, INC. Schedule A-PG.1 601 E. HOPKINS This Commitment is invalid ASPEN, CO. 81611 unless the Insuring 303-925-1766 Provisions and Schedules Fax 303-925-6527 A and B are attached. Authorized officer or agent Commonweal ill Land Title Insuran om gar I y EXHIBIT A LOTS 14 AND 15A, UTE ADDITION TO ASPEN, Except Mineral interests; and a tract of land being part of Lots 33 and 38, Section 18, Township 10 South, Range 84 West of the 6th P.M. lying Northeasterly of an existing roadway which roadway abuts the Southwesterly boundary of said tract which is more particularly described as follows: Beginning at the most Southerly corner of Aspen; thence S 45°42'00" W 81.71 feet; thence N 27°09'00" W 34.27 feet; thence N 13051'00" W 47.51 feet; thence N 28034'00" E 57.60 feet; thence Southeasterly along line 1-9 of the of Aspen to the point of beginning. Lot 14, Ute Addition to former boundary of the City Also described as the UTE TRAIL TOWNHOUSES AND THE BILLINGS PLACE SUBDIVISION AND P.U.D., according to the Plat recorded in Plat Book 26 at Page 32 and Subdivision Agreement recorded in Book 646 at Page 16, Pitkin County records. COUNTY OF PITKIN, STATE OF COLORADO. J i 0 SISTER CITY HOUSING, INC. 106 South Mill Street, Suite 202 Aspen, Colorado 81611 March 3, 1993 Aspen/Pitkin County Planning Office Attention: Suzanne L. Wolff 130 South Galena Aspen, Colorado 81611 RE: Ute Trail Townhouses and Billings Place PUD/Subdivision, Extension of Vested Rights, Case A-9-93 Dear Suzanne: In connection with the above -referenced application, please be advised that David J. Myler, of Myler, Stuller & Schwartz, is authorized to represent the applicant, Sister City Housing, Inc. SISTER CITY HOUSING, I C. By: 'Charles Vidal, Pre ident ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 FAX# (303) 920-5197 February 24, 1993 David J. Myler Myler, Stuller & Schwartz 106 S. Mill St., Suite 202 Aspen, CO 81611 Re: Ute Trail Townhouses and Billings Place PUD/Subdivision Extension of Vested Rights Case A9-93 Dear Dave, The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete, except we need proof of ownership from the joint venture, and authorization from the owner for you to represent this application. We have scheduled this application before the Aspen City Council on Monday, March 22, 1993 at a meeting to begin at 5:00 p.m. Should these dates be inconvenient for you please contact me within 3 working days of the date of this letter. After that the agenda dates will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting dates, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. If you have any questions, please call Leslie Lamont, the planner assigned to your case, at 920-5101. Sincerely, 51 4 ctr(\-�� Suza2ne L. Wolff Administrative Assistant fort :mno.ph • ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 Phone 920-5090 FAX 920-5197 MEMORANDUM TO: City Attorney FROM: Leslie Lamont, Planning Office RE: Ute Trail Townhouses and Billings Place PUD/Subdivision Extension of Vested Rights Parcel ID No. 2737-181-32-020 DATE: February 24, 1993 Attached for your review and comments is an application submitted by Sister City Housing, Inc. Please return your comments to me no later than March 12, 1993. Thank you.