HomeMy WebLinkAboutcoa.lu.gm.409 E Hopkins Ave.A59-93 CASELOAD S~Y SHEET
City of Aspen
DATE RECEIVED: 10/13/93 PARCEL ID AND CASE NO.
DATE COMPLETE: l~/~q|/~.~ 2737-073-39-004 A59-93
STAFF MEMBER: LL
PROJECT NAME: 409 E. Hopkins Extension of GMQS Allotments
Project Address:
Legal Address: Lots D, E & F, Block 88, City & Townsite
APPLICANT: Kandvcom, Inc.
Applicant Address: Box 1135, Mammoth Lakes, CA 93546
REPRESENTATIVE: Tom Smith, Austin, Peirce & Smith
Representative Address/Phone: 600 E, Hopkins, Suite 205
Aspen, CO 81611 925-2600
FEES: PLANNING $ 942 # APPS RECEIVED 2
ENGINEER $ # PLATS RECEIVED
HOUSING $.
ENV. HEALTH $.
TOTAL $ 942
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~q~)1%~ ~
HEARING NO
PUBLIC
Q'~. t~ d~a~'[9 VESTED RIGHTS: YES NO
DRC Meeting Date
REFERRALS:
City Attorney Parks Dept. School District
City Engineer Bldg Inspector __ Rocky Mtn NatGas
Housing Dir. Fire Marshal CDOT
Aspen Water Holy Cross __ Clean Air Board
City Electric __ Mtn. Bell Open Space Board
Envir,Hlth. ACSD Other
Zoning Energy Center Other
DATE REFERRED: INITIALS: DUE:
FINAL ROUTING: DATE ROUTED:iS .
City Atty __ City Engineer Zoning ~y~.~lalth
__ Housing __ Open Space Other:
FILE STATUS AND LOCATION:
VIII¢,
~E~OI~a~'D~
TO: Mayor and Council ~
THRU: Amy Margerum, City Managern,e~
FROM: Leslie Lamont, Senior Plan
DATE: December 6, 1993
RE: 409 East Hopkins GMQS Extension Request - Second Reading
Ordinance 59, Series of 1993
SUMMARY: The applicant, Kandycom, Inc., has requested an extension
to their 1990 GMQS allotment for the development of the commercial
project at 409 East Hopkins Avenue. The extension request is for
(6) months.
Staff recommends approval of the six month extension.
Please see attached Ordinance 59, Series of 1993.
BACKGROUMD: Council approved Ordinance 59, Series of 1993, at
first reading November 8, 1993.
Council approved the 1990 GMQS allocation for 409 East Hopkins on
December 17, 1990 and an excess allocation on January 24, 1991.
Please see attached Resolutions 90-58 and 90-61 approving the
development allocations, Exhibit A.
STAFF COMMEMTS: Section 24-8-108 of the 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 the
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 exemptions have been complied with; and
RESFONSE: There are no conditions of approval, other than the
provision of housing, that are required until the issuance of
building permits. The project did purchase and deed restricted the
Smuggler Mountain apartments as a requirement of their employee
housing mitigation.
(b) Any improvements which were required to be installed by the
applicant prior to construction of the project have been installed;
and
RESPONSE: No public improvements are required of this project
until the issuance of building permits.
(c) The project has been diligently pursued in all reasonable
respects~ and the extension is in the best interest of the
community.
RESPONSE: Other than the applicant's purchase of the employee
housing and the permanent vested rights sought for that housing
mitigation, the applicant has not pursued the development of this
project.
Although staff recommends approval of the six month extension
request, staff would recommend against further extensions due to
the proposed amendments to the GMQS program in 1994.
RECOMMENDATION: Staff recommends approval for a six month
extension of the 1990 Commerical GMQS allocation for 409 East
Hopkins. Staff also recommends that further extensions not be
considered due to the changes anticipated in the GMQS program early
next spring.
The six month extension shall begin at the date of expiration which
is January 24, 1994 and expire on July 24, 1994.
RECOMMENDED MOTION: "I move to adopt Ordinance 59, Series of 1993
extending the 1990 Commercial GMQS allocation for 409 East Hopkins
from January 24, 1994 to July 24, 1994."
CITY MANAGER'S COMMENTS:
Ordinance 59, Series of 1993
EXHIBITS:
A. Resolutions 90-58 and 90-61.
Exhibit A
RESOLOT ON NO.
(Series of 1990)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLOPADO,
GRANTING COMMERCIAL/OFFICE DEVELOPMENT ALLOTMENTS FOR 1990 UNDER
THE GROWTH MANAGEMENT QUOTA SYSTEM.
WHEREAS, Article 8 o~ Chapter 24 of theMunlcipal Code sets
forth a growth management quota system governing new development
within the City of Aspen; and
WHEREAS, pursuant to Section 8-103(A)(3)(a) of Chapter 24 of
the Municipal Code, eight thousand (8,000) square feet of net
leasable space is available for'development allotment within the
Commercial Core (CC) and Commercial (C1) zone districts of the
City on an annual basis; and
WHEREAS, development application~ were received and reviewed
by the Planning Director for 1990 development allotments in the
commercial zone districts and forwarded to the Planning and
Zoning Commission; and
WHEREAS, the Planning and Zoning Commission did evaluate and
score the development allotment applications at a duly noticed
public hearing on November 6, 1990, as required by Section 8-
106(D) of Chapter 24 of the Municipal Code; and
WHEREAS, the Planning and Zoning Commission determined that
· the Pitkin County Bank project and the 409 East Hopkins project
successfully met the minimum threshold for individual and com-
bined score categories and scored the Pitkin County Bank project
at 31.48 points and the 409 East Hopkins project at 28.73
points; and
WHEREAS, the Planning and Zoning Commission, in accordance
with Section 8-106(H), ranked.the Pitkin county Bank project
ahead of the 409 East Hopkins project and forwarded its recommen-
dations and scoring to the City Council; and
WHEREAS, the Planning and Zoning Commission has recommended
that the Pitkin County Bank project be allocated a development
allotment of 2,240 square feet with the 409 East Hopkins project
receiving an allotment of 5,760 square feet, thus, exhausting the
available 1990 commercial development allotment of 8,000 square
feet; and
WHEREAS, no challenges to the Planning and Zoning Commis-
sion's scoring and/or rankings have b~en submitted to the City
Council as allowed under Section 8-106(I) of Chapter 24 of the
Municipal Code.
NOW, THEREFORE, .BE IT RESOLVED BY THE CITY COUNCII. OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1
In accordance with Section 8-106(J) of Chapter 24 ~,; the
Municipal Code, the City Council of the City of Aspen does hereby
grant to the Pitkin County Bank project a development allotment
of 2,240 square feet of net leasable space from the 1990 commer-
cial growth management quota.
2
Section 2
In accordance with Section 8-106(J) of Chapter 24 of the
Municipal Code, the City Council of the City of Aspen does hereby
grant to the 409 East Hopkins project a development allotment of
5,760 square feet of net leasable space from the 1990 commercial
growth management quota.
Section 3
In accordance with Section 8-108 of Chapter 24 of the
Municipal Code, the development allotments as awarded herein
shall expire on the day after the third anniversary of the date
of approval of a site specific development plan for the projects
as identified herein, unless a building permit is obtained and
the project is developed, or unless an exemption from or exten-
sion to the approval is obtained.
William L. St r
I, Kathryn S. Koch, duly appointed and acting City Clerk do
certify that the foregoing is a true and accurate copy of that
resolution adopted by the City Council of the City of Aspen,
colorado, at a meeting held/H :aYt 'j'/:} , 199o.
Kathr~h,~". Koch, City Clerk
,. ATTAHCMENT/X~''~ ~'--,
(Series of 1990)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AWARDING AN EXCESS DEVELOPMENT ALLOTMENT FROM THE 1991 COMMERCIAL
AND OFFICE GROWTH MANAGEMENT DEVELOPMENT QUOTA FOR THE 409 EAST
HOPKINS PROJECT.
WHEREAS, an application for development allotments from the
1990 commercial and office growth management development quota
was received and scored pursuant to Section 8-106 of Chapter 24
of the Municipal Code by the Planning and Zoning Commission in
regard to a proposed development project known as 409 East
Hopkins; and
WHEREAS, the 409 East Hopkins project sought an allotment of
6,823 square feet of net leasable space from the total available
1990 quota of commercial and office s)ace of 8,000 square feet;
and
WHEREAS, in accordance with its ranking for 1990'allotments
as determined by the Planning and Zoning Commission, the 409 East
Hopkins project was awarded a 1990 development allotment of 5,760
square feet of new leasable space out of the 6,823 square feet
requested; and
WHEREAS, the 409 East Hopkins project has requested an
excess development allotment of 1,063 square feet of net leasable
space from the 1991 commercial and office growth management
development quota; and
WHEREAS, the 1990 commercial and office growth management
development quota has been exhausted; and
WHEREAS, the Planning and Zoning Co~unission has recommended
to City Council that an excess development allotment as permitted
under Section 8-103(B) of Chapter 24 of the Municipal Code be
granted to the 409 East Hopkins project in the amount of 1,063
square feet of net leasable space; and
WHEREAS, the City Council has determined that the excess
development allotment as recommended by the Planning and Zoning
Commission complies with Section 8-103(B)(1) of Chapter 24 of the
Municipal code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
'Section 1
An excess development allotment as permitted under Section
8-106(B) of Chapter 24 of the MunicipAl Code is hereby awarded to
the 409 East Hopkins project for 1,063 square feet of net leas-
able commercial space from the 1991 commercial and office growth
m~nagement quota.
Section 2
The excess development allotment as provided herein shall be
subject to all conditions 'of development approval for the 409
East Hopkins project as imposed by the Planning and Zoning
Commission pursuant to the projeCt's 1990 commercial space
allotment.
Section 3
In accordance with Section 8-108 of Chapter 24 of the
Municipal Code, the excess development allotment as awarded
herein shall expire on the day after the third anniversary of the
date of approval of a site specific development plan for the 409
East Hopkins project, unless a building permit is obtained and
the project is developed, or unless an exemption from or exten-
sion to the approval is obtained.
Dated: - ' , 199 .
William L. Stirling, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do
certify that the foregoing is a true ~nd accurate copy of that
resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held /JJ~/)~-~ /~ , 1990.
City Clerk
MEMORANDUM
TO: Mayor and Council ~
THRU: Amy Margerum, City Manager
THRU: Diane Moore, City Planning Director~
FROM: Leslie Lamont, Senior Planner
DATE: November 8, 1993
SUMMARY: The applicant, Kandycom, Inc., has requested an extension
to their 1990 GMQS allotment for the development of the commercial
project at 409 East Hopkins Avenue. The extension request is for
(6) months.
Staff recommends approval of the six month extension.
Please see attached Ordinance6~__, Seriesof 1993.
BACKGROUND: Council approved the 1990 GMQS allocation for 409 East
Hopkins on December 17, 1990 and an excess allocation on January
24, 1991. Please see attached Resolutions 90-58 and 90-61
approving the development allocations, Exhibit A.
STAFF COMMENTS: Section 24-8-108 of the 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 the
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 exemptions have been complied with; and
RESPONSE: There are no conditions of approval, other than the
provision of housing, that are required until the issuance of
building permits. The project did purchase and deed restricted the
Smuggler Mountain apartments as a requirement of their employee
housing mitigation.
(b) Any improvements which were required to be installed by the
applicant prior to construction of the project have been installed;
and
RESPONSE: No public improvements are required of this project
until the issuance of building permits.
(c) The project has been diligently pursued in all reasonable
respects, and the extension is in the best interest of the
community.
RESPONSE: Other than the applicant's purchase of the employee
housing and the permanent vested rights sought for that housing
mitigation, the applicant has not pursued the development of this
project.
Although staff recommends approval of the six month extension
request, staff would'recommend against further extensions due to
the proposed amendments to the GMQS program in 1994.
RECOMMENDATION: Staff recommends approval for a six month
extension of the 1990 Commerical GMQS allocation for 409 East
Hopkins. Staff also recommends that further extensions not be
considered due to the changes anticipated in the GMQS program early
next spring.
The six month extension shall begin atthe date of expiration which
is January 24, 1994 and expire on July 24, 1994.
RECOMMENDED MOTION: "I move to read OrdinanceS, Series of 1993."
"I move to approve OrdinanceS, Series of 1993 extending the 1990
Commercial GMQS allocation for 409 East Hopkins beginning January
24, 1994.
CITY MANAGER'S COMMENTS:
OrdinanceS, series of 1993
EXHIBITS:
A. Resolutions 90-58 and 90-61.
ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920-5090 FAX# (303) 920-5197
October 21, 1993
Tom Smith
Austin, Peirce & Smith
600 E. Hopkins, Suite 205
Aspen, CO 81611
Re: 4~9 E. Hopkins Extension of GMQS Allotments
Case A59-93
Dear Tom,
The Planning Office has completed its preliminary review of the
captioned application. We have determined that this application
is complete.
We have scheduled this application for review by the Aspen Planning
and Zoning Commission on Tuesday, November 8, 1993 at a meeting to
begin at 4:30 p.m. Should this date be inconvenient for you please
contact me within 3 working days of the date of this letter. After
that the agenda date 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
date, 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,
Suzanne L. Wolff
Administrative Assistant
AUSTIN, PEmCE & SMrrH, P.c.
Attorneys At Law
Ronald D. Austin Aspen, Colorado 81611
RhondaJ. Bazil October 131 1993
City Council
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Aspen/Pitkin Planning Office
c/o Leslie Lamont
130 South Galena Street
Aspen, Colorado 81611
RE: 409 East Hopkins Project - Application for Six Month
Extension of GMQS Allotments (~8-108)
Dear Mayor and Council:
We represent Kandycom, Inc., owner of the 409 East Hopkins
Avenue property, Lots D, E and F, Block 88, City and Townsite of
Aspen. On behalf of the property owner we are submitting this
application for a six month extension of the GMQS Allotments
pursuant to Section 8-108 of the Land Use Regulations of the City
of Aspen Municipal Code. Enclosed with this application are the
following documents:
1. Proof of ownership of the property. This consists of the
deed from Laura Donnelly to K and Y, Inc., and an amendment to the
Articles of Incorporation of K and Y, Inc., changing the name of
the corporation to Kandycom, Inc.
2. Authorization for Austin, Peirce & Smith, P.C., to
represent Kandycom, Inc., in this matter.
3. Agreement to Pay form, with an initial deposit of $942.00
for planning fees.
On September 15, 1990, the then owner of the property, Laura
Donnelly, submitted a co~unercial GMQS application to construct a
new commercial building at 409 East Hopkins Avenue. The property
was then as now, occupied by a two-story, split-level structure of
2,795 square feet, including 2,375 square feet of net leasable
space, and 1,774 square feet of FAR.
AUSTIN, PEIKCE & SMITH, P.C.
Attorneys At Law
City Council, City of Aspen
Aspen/Pitkin Planning Office
October 13, 1993
Page 2
Pursuant to Resolution 58 (Series of 1990), dated December 17,
1990, the City Council granted a development allotment of
5,760 square feet of net leasable space from the 1990 Conunercial
Growth Management Quota. By Resolution 61 (Series of 1990), dated
January 24, 1991, the project received an excess development
allotment of 1,063 square feet of net leasable commercial space
from the 1991 Commercial Growth Management Quota. It is our
understanding that, pursuant to Section 8-108, expiration of the
GMQS Allotments awarded will expire on January 24, 1994, as this is
the latest date of a development approval for the project granted
by the City Council.
By Ordinance No. 36 (Series of 1993), dated June 14, 1993, the
City Council approved an ordinance granting a permanent extension
of vested rights with respect to the employee mitigation provided
to the City in connection with this project, namely the Smuggler
Mountain Apartment and the improvements thereto.
While the owner of the property initially purchased it with
the intention of developing the project in accordance with the
project approvals, this is no longer economically feasible for the
owner, and accordingly, the property is listed for sale. It is in
the interest of the applicant as well as the City of Aspen for the
project to be sold with the development approvals in effect.
Section 8-108.2 identifies the criteria for approval of an
extension application. These conditions are met as follows:
a. Approval of the project is subject to the City Council
resolutions referred to above, as well as the conditions imposed by
the Planning and Zoning Commission pursuant to the project's 1990
Commercial GMQS Allotment and P&Z Resolution 91-8, granting special
review approval for reduction of on-site parking, trash/utility
service area, and open space for the project. While there are a
number of conditions applicable to the project, there are no
requirements which must have been met prior to the date of this
application for extension. Accordingly, the requirements of
Paragraph 2(a) are satisfied.
b. Similarly, there are no improvements which were required
to be installed by the applicant prior to construction of the
project. Applicant has, however, already provided affordable
housing to the City of Aspen, at a total cost of $925,000.00, even
AUSTIN, PEIRCE & SMITH, P.C.
Attorneys At Law
City Council, City of Aspen
Aspen/Pitkin Planning Office
October 13, 1993
Page 3
though no building permit has yet been requested for construction
of the approved project.
c. The applicant purchased this property in March, 1991,
with the intention of developing the project in accordance with
development approvals. However, the applicant has recently
determined that construction of the project is not economically
feasible for it at this time. The applicant has sought and
obtained conceptual approval from the Historic Preservation
Committee for a project which meets the applicable City
requirements and is compatible with the neighborhood. Appropriate
extensions of such conceptual approval have been sought and
obtained from the HPC. The project has been diligently pursued in
all reasonable respects, as required by the City Code. The
extension is in the best interests of the community because the
approved project as distinguished from the existing structure on
the property, will be more compatible with the neighborhood by
virtue of construction in accordance with a design approved by the
HPC, as to which conceptual approval has been obtained.
Consequently, both the neighborhood and the City will benefit from
the six month extension for construction of this project. Finally,
as mentioned above, the City has already benefitted from this
project by virtue of the affordable housing mitigation which has
been provided.
Based on the foregoing, we hereby request a six month
extension of the GMQS Allotments for the 409 East Hopkins Project.
Please notify me if any additional information in support of this
application is required, and thank you for your consideration.
Very truly yours,
AUSTIN, PEIRC & S TH, P.C.
se~~t
BY:T
homa h
TFS/smg
cc: Kandycom, Inc.
Richard S. Cohen, Esquire
4 C:\~5~LETTE~\KANDYCOM.~8
KANDYCOM, INC.
PoSt Office Box 1135
Mammoth Lakes, California 93546
October 7, 1993
Ms. Leslie Lamont
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
409 East Hopkins Project Extension of GMQS Allotments
(Section 8-108)
Dear Ms. Lamont:
This is to confirm that Kandycom, Inc., owners of Lots D, E,
and F, Block 88, City and Townsite of Aspen, excepting therefrom
the southerly twenty (20) feet of Lots D and E, Block 88, also
known as 409 East Hopkins Avenue, Aspen, Colorado, hereby consents
to the representation of Kandycom, Inc. by Thomas Fenton Smith and
Austin, Peirce & Smith, P.C., with respect to the above-referenced
application.
Sincerely,
~a'suko It~kura, Vice PreSident
KI/smg
ASPEN/PITKIN PLANNING OFFICE
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and Kandycom, Inc.
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for
six (6) month extension of GMQS allotments, 409 East Hopkins Project
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance
No. 77 (Series of 1992) establishes a fee structure for Planning Office 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 time 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 to allow APPLICANT
to 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.
5. Therefore, APPLICANT agrees that in consideration of the CITY's
waiver of its right to collect full fees prior to a determination of application
completeness, APPLICANT shall pay an initial deposit in the amount of $942
which is for 6 hours of Planning Office time, and if actual recorded costs
exceed the initial deposit, APPLICANT shall pay additional monthly billings to
CITY to reimburse the CITY for the processing of the application mentioned
above, including post approval review. Such periodic payments shall be made
within 30 days of the billing date. APPLICANT further agrees that failure to pay
such accrued costs shall be grounds for suspension of processing.
CITY OF ASPEN APPLICANT
Ma,ling Addr~"s: Kandy~ora, ~n~.
City Planning Director Post office Box 1135
Mammoth Lakes, CA 93546
Date:
2