HomeMy WebLinkAboutcoa.lu.pu.New Hopkins PUD.A01702
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CASE NUMBER
PARCEL ID #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
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A017-02
2735-124-00003
New West Hopkins Conceptual PUD Extension
600 Block of W. Hopkins
Fred Jarman
Conceptual PUD Extension
Aspen GK LLC
Joe Wells
4/3/02
Withdrawn
5/1/02
J. Lindt
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Joseph Wells Land Planning
602 Midland Park Place
Aspen, Colorado 81611
Phone: 970.925.8080
Facsimile: 970.920.4378
e-mail Address:WellsAspen@aol.com
January 11, 2002
Ms. Julie Ann Woods
Director, Aspen Community Development Department
130 South Galena
Aspen, Colorado 81611
Hand Delivered
Dear Julie Ann:
My letter is to request approval by the City Council of a thirty day extension in
time to file the Final PUD Plan for the proposed housing project on West
Hopkins which the owners have decided to re-name as the Little Ajax project.
As you will recall, the applicants are proposing to construct 4 freemarket units
and 11 deed-restricted units on the property under a proposed AH rezoning.
The AH zone district is a district in which PUD is a mandatory review
procedure. I believe that the one year deadline following Conceptual
approval to file the Final PUD application falls on February 12, 200t although
it is my recollection that City Council insisted on having a site visit at some
later date following their action to approve the Conceptual PUD Application
on February 12. Council did not choose to reconsider its action taken on
February 12 following the later site visit.
Sec. 26.445.030 of the Code provides that City Council may grant an extension
of the deadline for filing the Final Plat Application, provided that a written
request for extension is received no less than thirty (30) days prior to the
expiration date.
The applicants have undertaken a number of technical studies related to the
property, including a Phase I Environmental Assessment and various
geotechnical and engineering studies and it has taken longer than anticipated
to come to a resolution of the best way of dealing with some of the technical
issues raised by those studies. We are nearing completion of the application
but will need some additional time to finalize our responses to the extensive
list of review procedures which apply to the proposal. We are therefore
requesting an extension of thirty days, until March 14, 2002 to complete the
application, which would extend the filing deadline.
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January 11, 2002
Ms. Julie Ann Woods
Page two of two
Please et me know if you need additional information in support of this
request for extension.
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Joseph Wells Land Planning
602 Midland Park Place
Aspen, Colorado 81611
Phone: 970.925.8080
Facsimile: 970.920.4378 (Temporary)
e-mail Address:WellsAspen@aoI.com
February 26, 2002
Ms. Julie Ann Woods
Director, Aspen Community Development Department
130 South Galena
Aspen, Colorado 81611
Hand Delivered
Dear Julie Ann:
While you were away recently, the one-year deadline following the City's
conceptual PUD approval to file for final PUD approval for the Little Ajax
project on West Hopkins occurred on February 12, 2002. On February 11, I
drafted a letter to you and submitted it to Joyce Ohlson requesting that City
Council grant a 30 day extension in the deadline to file the final PUD
application.
However, Sec. 26.445.030.D, Limitations (Regarding PUD Review Procedures),
includes the following language:
"Unless otherwise specified in the Resolution granting conceptual
approval, a development application for a final development plan shall be
submitted within one (1) year of the date of approval of a conceptual
development plan. Failure to file such an application within this time
period shall render null and void the approval of a conceptual
development plan. The City Council may, at its sole discretion and for
good cause shown, grant an extension of the deadline, provided a written
request for extension is received no less than thirty (30) days prior to the
expi ration da te. "
Resolution No. 19, Series of 2001, granting conceptual approval to the project
does not include a date other than the one year time period by which the final
development plan is required to be submitted, so the one year deadline for
filing applies in this case. Resolution 19/2001 was approved by the City
Council on February 12, 2001. In order to comply with the strict language of
this Code section, it would have been necessary for me to request an
extension in writing no later than 30 days in advance of the deadline, or
January 11, 2002.
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February 26, 2002
Ms. Julie Ann Woods
Page two of three
I have discussed the situation with the City Attorney, and I believe that he is
of the' opinion that if the facts of the situation are explained to the City
Council, City Council has the authority to grant an extension if it wishes to do
so. So that there is no question about the validity of the approvals for the
project, however, I would prefer to also process a Consolidated conceptual
and final PUD Review for the project.
The conceptual PUD application for the project also included a
zoning/rezoning request for AH zoning. In fact, the AH zone designation
triggers the PUD requirement, since it is a mandatory PUD district. Even
though the request for AH zoning was included with the conceptual
application, the applicants expected that final action on the zoning request
would not occur until final action on the project and the review
requirements for the rezoning would be repeated in the final application,
regardless. The additional review requirements to be included with the final
PUD application, such as subdivision, 8040 greenline review and the
residential design standards, were not addressed previously in the conceptual
PUD application.
Therefore, it is only necessary to consolidate the conceptual and final PUD
requirements in order to address any concern about whether the Code allows
the City Council to extend the filing deadline in this case. In fact, there is no
difference between the required application materials for a final PUD
application and a consolidated PUD application. The application materials for
a consolidated PUD application are logically more extensive and more
detailed than those for conceptual but address all of the issues required for
conceptual PUD review.
The provisions of Sec. 26.445.030.B.2, Consolidated Conceptual and Final
Review (Two-Step Review), read as follows:
"An applicant may request and the Community Development Director
may determine that because of the limited extent of the issues involved in
a proposed PUD in relation to these review procedures and standards, or
because of a significant community interest which the project would
serve, it is appropriate to consolidate conceptual and final development
plan review. The Community Development Director shall consider
whether the full four step review would be redundant and serve no public
purpose and inform the applicant during the pre-application stage
whether consolidation will be permitted.
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February 26, 2002
Ms. Julie Ann Woods
Pqge three of three
"An application which is determined to be eligible for consolidation shall
be processed pursuant to the terms and procedures of final development
plan review - steps three and four. The Planning and Zoning
Commission or the City Council may, during review, determine that the
application should be subject to both conceptual and final plan review, in
which case consolidated review shall not occur. "
It is my position that, since we have already completed a full and separate
conceptual PUD review before both the P&Z and City Council for the project,
consolidated PUD review to address the issue of the deadline for requesting
an extension is appropriate because the conceptual level issues have already
been fully considered. The "extent" of the conceptual level issues requiring
further review is truly "limited". The project also serves "a significant
community interest" through the provision of a significant number of
affordable housing units. Finally, I believe that you should be able to
determine that a full four step review would, in fact, be "redundant", given
the fact that we have already completed the first two steps and that there have
been no significant changes in City policy or in the City's adopted regulations
to suggest that the conceptual review should be repeated independent of the
final review.
Please let me know if you need additional information regarding this matter.
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Joseph Wells Land Planning
602 Midland Park Place
Aspen, Colorado 81611
Phone: 970.925.8080
Facsimile: 970.920.4378 (Temporary)
e-mail Address:WeIIsAspen@aoI.com
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Joseph Wells Land Planning
602 Midland Park Place
Aspen, Colorado 81611
Phone: 970.925.8080
Facsimile: 970.920.4378
e-mail Address:WelIsAspen@aoI.com
February 11, 2002
Ms. Julie Ann Woods
Director, Aspen Community Development Department
130 South Galena
Aspen, Colorado 81611
Hand Delivered
Dear Julie Ann:
My letter is to request approval by the City Council of a thirty day extension in
time to file the Final PUD Plan for the proposed housing project on West
Hopkins which the owners have decided to re-name as the Little Ajax project.
As you will recall, the applicants are proposing to construct 4 freemarket units
and 11 deed-restricted units on the property under a proposed AH rezoning.
The AH zone district is a district in which PUD is a mandatory review
procedure. I believe that the one year deadline following Conceptual
approval to file the Final PUD application falls on February 12, 2001, although
it is my recollection that City Council insisted on having a site visit at some
later date following their action to approve the Conceptual PUD Application
on February 12. Council did not choose to reconsider its action taken on
February 12 following the later site visit.
Sec. 26.445.030 of the Code provides that City Council may grant an extension
of the deadline for filing the Final Plat Application, provided that a written
request for extension is received no less than thirty (30) days prior to the
expiration date.
The applicants have undertaken a number of technical studies related to the
property, including a Phase I Environmental Assessment and various
geotechnical and engineering studies and it has taken longer than anticipated
to come to a resolution of the best way of dealing with some of the technical
issues raised by those studies. We are nearing completion of the application
but will need some additional time to finalize our responses to the extensive
list of review procedures which apply to the proposal. We are therefore
requesting an extension of thirty days, until March 14, 2002 to complete the
application, which would extend the filing deadline.
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February 11, 2002
Ms. Julie Ann Woods
Page two of two
Please let me know if you need additional information in support of this
request for extension.