HomeMy WebLinkAboutcoa.lu.gm.409 E Hopkins Ave.A51-94 CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED:07/.14/19 / PARCEL ID AND CASE NO.
STAFF MEMBER: LL
PROJECT NAME: KandVcom, inc. Extension of GMOS Allotments
Project Address: 409 E. Hopkins
Legal Address: Lots D,E, & F Block 88
APPLICANT: Kandycom, Inc.
Applicant Address: Box 1135, Mammoth Lakes, CA 93546
REPRESENTATIVE: Austin, Peirce & Smith (Rhonda Bazil)
Representative Address/Phone: 600 E. Hopkins 925-2600
Aspen, CO 81611
FEES: PLANNING $ 978 # APPS RECEIVED 2
ENGINEER $ # PLATS RECEIVED 2
HOUSING $
ENV. HEALTH $
TOTAL $ 978
TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: X 2 STEP:
P&Z Meeting Date ~T'~ PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
CC Meeting Date C~,. PUBLIC HEARING: YES
~ VESTED RIGHTS: YES
DRC Meeting Date
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:
__ City Atty __ City Engineer Zoning Env. Health
Housing __Open Space Other:
FILE STATUS AND LOCATION:
AUSTIN, PEIRCE & SM1TH, EC.
600 ~ H~ns Av~ue
Ron~d n. Austin As~n, Colorado 81611 ~ {~) ~-2~
Ft, t~ickRp~ July 14, 1994
City Council
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Aspen/Pitkin County Planning Office
c/o Leslie Lamont
130 South Galena Street
Aspen, Colorado 81611
Re: 409 East Hopkins Project -A~plication for Sixty (60) day
Extension of ~QSAllotments (S8-108)
Dear Mayor, Council and Ms. Lamont:
This firm represents Kandycom, Inc. ("Kandycom"), the owner of
the property located at 409 East Hopkins Avenue, Lots D, E and
Block 88, City and Townsite of Aspen (the "Property"). This letter
shall serve as an application for a sixty day extension of the
Grow~ch Management Quota System ("GMQS") Allotment and is being
submitted pursuant to Section 8-108 of the Land Use Regulations of
the City of Aspen Municipal Code (the "Code").
Due Dilicence. The original GMQS allotment approvals for this
Property were scheduled to expire on January24, 1994, however, the
City Council approved a six month extension through July 24, 1994.
Since that time, Kandycom has diligently pursued the project by
finalizing design development drawings, obtaining Historic
Preservation Commission ("HPC") approval and approval for an
insubstantial amendment to the GMQS development approval. A
chronology of events prepared by Dave Rybak at Bill Poss &
Associates is attached hereto and illustrates the efforts made by
Kandycom to diligently pursue the project. All of the items
contained in the chronology of events were processed in an
expeditious manner.
On May 26, 1994, an application for a building permit was
s~bmitted to the Aspen/Pitkin County Building Department. The
Building Department did not take any action on the application
until July 11, 1994 at which time Bill Drueding, the Zoning
Officer, indicated that project meets all zoning area and bulk
reguireraents. He could not sign off on the application, though,
since the City's file containing the conditions of approval is
missing. Based on the pace of the review process to date, it
appears that it will be another two or three weeks before the
AUSTIN, PEIKCE & SMITH, P.C.
Attorneys At Law
City Council
July 14, 1994
Page 2
application is approved. By that time, the GMQS allotment approval
will have expired. Based upon the past experience of Bill Poss &
Associates, Kandycom believes it submitted the building application
within a reasonable time to obtain approval prier to expiration of
the GMQS allotment, but there have been delays beyond its control.
Timing of Application. Section 8-108 of the Code requires
that an application for extension of awarded allotments under the
provisions of the growth management quota system be submitted prior
to the third anniversary of the date of approval of a site specific
development plan. The third anniversary of the date of approval
was January 24, 1994 and the extension of the approvals expires on
July 24, 1994. Therefore, this application is submitted within the
time requirements of the Code.
Compliance with ADDroYal Conditions. While there were a
number of conditions imposed on the project as a subject of
approval, none of them needed to be fulfilled prior to the date of
this application.
Construction of Improvements. No improvements were required
to be installed byKandycom prior to construction of the project.
Affordable housing was provided byKandycom well in advance of the
building permit application at a cost of $925,000.00.
Best Interests of the Conununitv. The project received
approval by the F_PC, indicating a greater compatibility with
surrounding buildings than the existing structure. In addition,
the substantial development exactions to be paid at the time of
building permit approval will help pay for planned public
improvements.
Based on the foregoing, Kandycom hereby requests a sixty day
extension of the GMQS allotment approvals for the Property.
Sincerely,
AUSTIN, PEIRCE & SMITH, P.C.
By. _~
Rh .'
nd~
RJB/djw
AUSTIN, PEIKCE & SMITH, P.C.
Attorneys At Law
City Council
July 14, 1994
Page 3
cc: Kandycom, Inc.
Richard S. Cohen, Esq.
Mr. Dave Rybak
Enclosures:
1. Proof of ownership of the property consisting of a deed
from Laura Donnelly to K and Y, Inc., and an amendment to the
Articles of Incorporation of K and Y, Inc. reflecting a change in
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 for Payment of City of Aspen Development
Application Fees, with an initial deposit of $978.00.
4. Chronological Report for 409 E. Hopkins prepared byDave
Rybak of Bill Poss & Associates.
60~ EAST MAIN 6TREET
ASPEN, COLORADO 81611
MEMORANDUM (updated)
TO: Tom Smith
FROM: Dave Rybak
DATE: July 12, 1994
RE: CHRONOLOGICAL REPORT FOR 409 E. HOPKINS
SINCE 11/04/93, COMMENCEMENT OF ALTERNATE DESIGN
PROPOSAL FOR 409 E. HOPKINS
11/04/93 GMQS pro-application meeting with Leslie LaMent, City Planning
Department.
Result: revision to design constitutes an insubstantial amendment to
the GMQS proposal.
11/08/93 HPC pro-application meeting with Amy Amidon.
Result,' revision to design constitutes an insubstantial amendment to
the HPC proposal.
Consensus: design change favorable.
11/30/93 Formal application fer an amendment to the conceptual development
application submitted by Kandycom, Inc,
Issues: Alter front facade and reconfigure interior courtyard.
12/06193 City granted ordinance OR-59 to extend GMQS allocations for the
commercial development of 409 East Hopkins Avenue for a period of
(6) six months ending July 24, 1994,
12/08/93 HPC granted conceptual approval for the revised building design.
Table for final HPC approval.
01/13/94 Formal application for an insubstantial amendment to the GMQS
development order. Proposed change reviewed and appleveal by
HPC, December 8 1993.
,,. , ." ', - ' .:'1, ." '
03/16~94 Completed Design Development drawings for construction estimate.
03/21/94 Insubstantial GMQS Amendment approved.
04/20/94 Received construction estimate from Hardman Construction, inc.
05114/94 Application for final HPC approval submitted.
05/18/94 Final HPC approval for revised buildLng design.
05/26/94 Submitted application for building permit.
07/07/94 Met with Bill Drueding, Zoning Officer, to review permit application.
07/11/94 Met with Bill Drueding, Zoning Officer, to clarify zoning requirements.
The application meets all zoning bulk requirements; however, he could
not sign-eft on the application because a missing city file which clarifies
all conditions of approval. Mr. Drueding and I met with Gary Lyreart,
Head Building Official, to gain approval for the ~pplication to be routed
forward through the approval process without Bill's sign-off. Gary
approved this process and Bill will sign-off prior to issuance of the
Building Permit.
07/12/94 Met with Bill Drueding. Zoning Officer, and reviewed each resolution
and ordinance passed by the City of Aspen. We have met all
conditions for approval and we agreed upon the fee amounts of those
approvals. Mr. Drueding will sign-off on the permit today. The fees are
due when the permit is picked up. The fees are as follows, but will be
confirmed in writing by the Zoning Department. Also due when picking
up the permit will be the Zoning Check Fee and the Building permit fee.
Parking $255,000.00
Open Space 237~500.00
Park Dedication 19,671.48
Total $512,171.48
2
1~ ~ BILL~S&ASSOCIA~ES /~'~/ P.3
Zoning Check Fee $810.00
Estimate based on hours required for review
Building Permit Fee $9,169.50
$639.50 for $100,000 of construction cost
$4.50 for each additional $1,000 of construction cost
Other fees to be paid at the time of permit pick up:
Water Tap Fee (unknown)
Sewer Tap Fee (unknown)
Both are caloulated during the permit process by the city c~epartment
and no estimates can be given prior,
If there are any questions, p~ease feel free to contact me.
cc: Dick Cohen
3
ASPEN/PITKIN PLANNING OFFICE
Agreement for Payment of City of Aspen_Development Application Fees
CITY OF ASPEN (hereinafter CITY) and Kandlco.m,
(hereinaffer APPLICANT) AORBE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for
sixty (60) day 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 tiquidity 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 $ 978.00
which is for 6 hours of Planning Office time, and if actual .recorded costs
exceed the initial deposit, APPLICANT shall p. ay 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
Kandycom, Inc,:
Diane Moore Ma dd .
City Planning Director Post office Box 1135
Mammoth Lakes,' CA 93546
Date: -U~2 /~,/F2~